HomeMy WebLinkAboutApril 07, 2011 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road,Straffordville
Thursday,April 7,2011
7:00 PM
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,April
7,2011 in the Council Chambers. Present were Mayor Paul Ens,Deputy Mayor Mark Taylor,
Councillors Tom Southwick,Wayne Casier and Ed Ketchabaw,Administrator Kyle Kruger and
Clerk Lynda Millard.
Planning Coordinator/Deputy Clerk Margaret Underhill,Public Works Manager Gerry LeMay
and Water Wastewater Superintendent Ed Roloson were in attendance to present their respective
reports.
1. CALL TO ORDER
Mayor Ens called the meeting to order at 7:00 p.m.
2. DISCLOSURE OF PECUNIARY INTEREST &THE GENERAL NATURE
THEREOF
None
3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS
(a) Minutes of the regular meeting of Council held March 24,2011.
2011-143
Moved by Councilor W Casier
Seconded by Deputy Mayor M Taylor
"THAT the minutes of the regular meeting held March 24,2011 be approved as
circulated."
CARRIED UNANIMOUSLY
(b) Minutes of the special meeting of council held March 30,2011.
2011-144
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"THAT the minutes of the special meeting held March 30,2011 be approved as
circulated."
CARRIED UNANIMOUSLY
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Council Minutes April 07,2011
(c) Added Item(s)
There were no items added to the agenda.
4. DELEGATIONS
(a) 7:15 p.m. -Strickland's Bulldozing regarding"Proposed Expansion of Pit on Richmond
Road". Item 6(d)
Bernie Janssen,of Harrinton,McAvan Ltd. spoke on behalf of Strickland Bulldozing. He noted a
disagreement of interpretation by municipal staff and the planner,IBI Group,regarding the need
to undergo an Official Plan amendment and rezoning.He added that he was working for the
Ministry of Natural Resources when policies to allow sand removal without OPA and rezoning
requirements were put in place and has a good understanding of the intent. The soil in the area
between Aylmer and Simcoe is considered blow sand and is not considered a commercial viable
aggregate for construction purposes.
William Pol,IBI Group,noted that the establishment of the earlier pit may have predated
Official Plan policies and suggested that the proposed use on this property is not solely to
remediate the field for the farmer's benefit,but rather to support Strickland's commercial
operations.
Mr. Janssen noted that property owners within 120 meters of the site had been notified of the
proposal and no comments had been received from these neighbours.
Following discussion,Council supported the position of Strickland that an Official Plan
amendment and rezoning are not required.
(b) 7:30 p.m. -William Pol from IBI Group regarding"5 Year Official Plan"review
modifications.Item 6(e)
Planning Co-ordinator Margaret Underhill noted that the Ministry of Municipal Affairs and
Housing has recommended 53 changes identified through the Official Plan review to consider.
46 of these changes are minor in nature and should be accepted.
Mr.William Pol noted that no further modifications to#53—Bayham Industrial Park
Expansion,#36—Section 3.3.3 Specific Policy Area No. 3-Chateau Wyndemere and Section
2.1.10—Supplementary Farm Dwellings are proposed at this time.
Mr. Pol reviewed the IBI Memo dated March 3,2011. He suggested that Council request
revisions to the draft modifications#'s 10,42,44,45,47, 50 and 53 as outlined in the memo.
A resolution seeking these revisions and fmal approval was passed under item 6(e).
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Council Minutes April 07,2011
(c) 8:10 p.m. -Ron Bradfield regarding "Large Water Bill" as a result of recent leak.
Mr. Bradfield explained that he had shut off his water service for the winter,however a leak had
developed in a short piece of pipe near the water meter that was undetected for some time.He
requested forgiveness for the amount of the billing.
Council was open to discussion of a long term repayment plan,however,Mr. Bradfield had
already made other arrangements.
(d) 8:20 p.m.- Steve Straub regarding"Municipal By-Law 2009-059 Enforcement
Procedures".
Mr. Straub raised concerns regarding enforcement action taken regarding mandatory rabies
immunization for dogs. He suggested the municipality be proactive and consider holding public
rabies immunization clinics every three years.
5. INFORMATION ITEMS
(a) Correspondence from Elgin WrapAround Initiative regarding "Fundraising Event".
File: A01
(b) Correspondence from Communities In Bloom Ontario regarding"2011 Programs".
(Infomation available on how to participate)
File: A01
(c) AMO Breaking News dated March 28,2011 regarding"2011 Provincial Budget
Preserves Upload Schedule".
File: A01
(d) AMO Report to Members regarding"March 2011 Board Meeting".
File: A01
(e) Correspondence received from Local Authority Services Ltd. and Association of
Municipalities of Ontario regarding "Spring 2011 Town Hall Sessions".
File: A01
(f) Correspondence from East Elgin Community Complex regarding"Active Elgin Day".
File: A01
(g) Correspondence received from the Ontario Association of Fire Chiefs regarding
"Municipal Policitians Seminar".
File: A04
01) Correspondence from the County of Elgin regarding "Letter of Agreement Between
The County of Elgin and The Thames Valley District School Board".
File: Al6
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Council Minutes April 07,2011
(i) Correspondence received from Ministry of Children and Youth Services regarding
"Ontario Child Benefit".
File: A16
0) Correspondence dated March 4,2011 from Ministry of Environment regarding "Taking
Care of Your Drinking Water: A Guide for Members of Municipal Councils".
File: A16
(k) Correspondence dated March 22,2011 from Ministry of Health and Long-Term Care
regarding"St.Thomas Elgin General Hospital Capital Redevelopment Proposal".
File: A16
(1) Correspondence dated March 25,2011 from Ministry of Infrastructure regarding
"Government of Ontario's 10 Year Infrastructure Plan".
File: A16
(m) Correspondence from County of Elgin regarding"Elgin County 2011 Budget".
File: CO1
(n) Elgin Group Police Services Board minutes of meeting held February 15, 2011.
File: C06
(0) Correspondence dated March 28,2011 from Elgin Group Police Services Board
regarding"Ontario Provincial Police Costing".
File: C10
(P) Correspondence dated March 23,2011 from Michael Down regarding "Dredging".
File: C13
(9) Correspondence dated March 28,2011 from Ministry of Tourism and Culture
regarding "Project Ojibwa".
File: D06
(r) Correspondence received from Lake Huron Primary Water Supply System regarding
"Notice of Study Completion".
File: E00
(s) Correspondence dated March 16,2011 from Ontario Heritage Trust regarding"2011
Volunteer Recognition Programs".
File: M02
(t) Correspondence received regarding"Budget 2011: Museum Programs Remain Intact".
File: M06
(u) AMO Breaking News dated March 21, 2011 regarding "Emerging Fire Services
Issues".
•
File: P16
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Council Minutes April 07, 2011
(v) Ontario Provincial Police News Release regarding"Property Recovered From Theft In
Rodney".
File: P17
2011-145
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT items 5(a)through 5(v)be received for information;
AND THAT item 5(o) resolution from Brighton be supported."
CARRIED UNANIMOUSLY
6. PLANNING,DEVELOPMENT,RECREATION &TOURISM
(a) Staff Report D2011-11 regarding"Jurenas Consent E29/11".
File: D10.11 Jurenas
2011-146
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT Council recommend to the Elgin County Land Division Committee that
consent application E29/11,submitted by Peter and Penny Jurenas, be granted
subject to conditions:
1.copy of the fmal survey be provided to the municipality
2.$500 cash-in-lieu of parkland dedication fee
3. rezoning of the severed and retained parcels."
Deputy Mayor Taylor noted his opposition to decisions made based on assessment
mapping not necessarily being correct.
CARRIED
(b) Staff Report D2011-12 regarding "Best Line Farms/VanLeeuwen Consent E13/11".
File: D10.11 Best Line
2011-147
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT Council recommend to the Elgin County Land Division Committee that
consent application E13/11, submitted by Best Line Farms Limited/Antonia
VanLeeuwen,be granted subject to conditions:
Page 5 of 13
Council Minutes April 07,2011
1. copy of the final survey be provided to the municipality
2. $500 cash-in-lieu of parkland dedication fee
3. rezoning of the severed and retained parcels."
Deputy Mayor Taylor noted his opposition to decisions made based on assessment
mapping not necessarily being correct.
CARRIED
(c) Staff Report D2011-14 regarding "Friesen Consent E5/11 As Amended".
File: D10.11 Friesen
2011-148
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Council recommend to the Elgin County Land Division Committee that
consent application E5/11,submitted by Mark and Myra Friesen,be granted
subject to conditions:
1.copy of the final survey be provided to the municipality
2. $500 cash-in-lieu of parkland dedication fee
3. rezoning of the severed and retained parcels
4.water quantity testing report meeting the Provincial standards for the retained
dwelling
5.water quality testing report for nitrates and bacteria content meeting the
Provincial standards for the retained dwelling."
Deputy Mayor Taylor noted his opposition to decisions made based on assessment
mapping not necessarily being correct.
CARRIED
(d) Memorandum C2011-03 regarding "Strickland Bulldozing Delegation".
File: D09
2011-149
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT the Staff Memorandum C2011-03 regarding Strickland Delegation be
received for information."
CARRIED UNANIMOUSLY
Page 6 of 13
Council Minutes April 07,2011
2011-150
Moved by Councilor E Ketchabaw
Seconded by Councillor T Southwick
"THAT Council deems Application for Class B Licence under the Aggregate
Resources Act, South Gore,Part of Lot 111,Concession SSTR,Part of road
allowance between Concession 5 and Concession South Gore,to be in compliance
with the Municipal Official Plan and Comprehensive Zoning By-Law."
CARRIED UNANIMOUSLY
(e) Staff Report D2011-13 regarding "Official Plan Amendment No. 10 Modifications".
File: D08OPRev08
2011-151
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Staff Report D2011-13 regarding the Official Plan Amendment No. 10 and
Minister of Municipal Affairs and Housing Draft Decision be received;
THAT Council accepts the draft modifications as presented in the Draft Decision,
except for Modifications#10,#42,#44,#45,#47,#50 and#53;
THAT Council suggests those draft modifications be revised as outlined in the IBI
Group Memorandum dated March 3,2011 and considered by the Ministry prior to
approval;
THAT in addition,the Ministry add a modification to change Section 4.5 to delete
the year"2011"
AND THAT Council of the Municipality of Bayham request final approval by the
Province."
CARRIED UNANIMOUSLY
7. ROADS,AGRICULTURE & DRAINAGE
(a) Staff Report PW2011-05 regarding "Replacement Box Unit#4".
File: VO1
2011-152
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT staff be directed to have the Unit#4 dump box welded by Dingle Line
Equipment Supply in accordance to the price submitted."
CARRIED UNANIMOUSLY
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Council Minutes April 07, 2011
(b) Staff Report PW2011-06 regarding "Landscaping Services -2011".
File: L04
2011-153
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT By-Law 2010-044,being a by-law to authorize the extension of an
agreement with Wilson Lawn Care and Snow Removal for 2011 Landscaping
Services,be presented to Council for enactment."
CARRIED UNANIMOUSLY
8. PROPERTY, BUILDING& PROTECTIVE SERVICES
(a) Building Permit Report for month ending March 31,2011.
File: P10
2011-154
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Building Permit report for month ending March 31,2011 be received for
information."
CARRIED UNANIMOUSLY
(b) Correspondence dated April 6, 2011 from the Lighthouse Gospel Church requesting
permission to have a bon-fire on the Port Burwell East Beach Sunday,April 24, 2011
for an Easter Sunrise Service.
File: C13
2011-155
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor M Taylor
"THAT Council approves the use of the Port Burwell East Beach by the Lighthouse
Gospel Church for an Easter Sunrise Service with a contained fire on Sunday,April
24,2011 subject to provision of a certificate of insurance naming the municipality as
an additional insured,in the amount of$2 million;
AND THAT clean up following the service be the responsibility of the members of
the Church."
CARRIED UNANIMOUSLY
(c) Bayham Events Listing Form and Event Road Closure Request Form from The Elgin
Military Museum regarding "Navy Blues" event.
File: R06
Page 8 of 13
Council Minutes April 07,2011
2011-156
Moved by Deputy Mayor M Taylor
Seconded by Councillor E Ketchabaw
"THAT Council approves the request submitted by The Elgin Military Museum to
hold Navy Blues activities,Saturday,May 14,2011 from 12:00 hrs to 22:00 hrs,
including a beer tent,subject to meeting the requirements of the Municipal Alcohol
Policy including a minimum of six(6)STP trained personnel and two(2)off-duty
Police Officers or equivalent being on site during all hours for which the beer tent is
open and those listed on the Outdoor Special Occasion Permit Application,and also
subject to:
• the applicable municipal building permit, sign and/or tent permits be obtained
from the Chief Building Official and the necessary inspections undertaken;
• any required permit fees be paid to the Municipality of Bayham,except for a
tent;
• providing the municipality with certificate of insurance,naming the municipality
as an additional insured,in the amount of$2 million to cover all events;
• obtaining the necessary approvals from the Ontario Provincial Police and the
Bayham Fire Chief,as per completion of the Municipal Event Notice;
THAT all other terms and conditions of the municipal rental agreement remain in
effect
THAT the clean up of the area and any costs thereof,be the responsibility of the
organizers
THAT arrangements be made with the Manager of Public Works to provide staff
for installation of fence and stage assembly and removal;.
THAT the Manager of Public Works makes the necessary arrangements for traffic
control and safety;
THAT Council approves the temporary closure of Pitt Street,west of Robinson
Street and Howard Street from Pitt Street to Robinson Street North for the
duration of the event."
CARRIED UNANIMOUSLY
9. FINANCE,ADMINISTRATION&PERSONNEL
(a) Cheque Register being Cheque#10196 to Cheque#10266 inclusive,totaling
$1,118,014.13 and Payroll Disbursements for the period ending March 20,2011
totaling$57,099.45.
2011-157
Moved by Councilor E Ketchabaw
Seconded by Councillor T Southwick
"THAT Cheque Register being Cheque#10196 to Cheque#10266 inclusive,totaling
$1,118,014.13 and Payroll Disbursements for the period ending March 20,2011
totaling$57,099.45 be approved."
Page 9 of 13
Council Minutes April 07,2011
CARRIED UNANIMOUSLY
(b) Correspondence from Township of Malahide to County of Elgin regarding "Impact of
Fuel Price Increases".
File: A 16
2011-158
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor M Taylor
"THAT Council request that the County of Elgin recognize the budgetary impact of
increased fuel prices and consider enacting an amendment to the terms of its
contract with the lower tier municipalities to allow for a fuel surcharge in 2011."
CARRIED UNANIMOUSLY
(c) Correspondence dated March 24,2011 from Stacy Neville requesting use of Vienna
Park.
File: C13
2011-159
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT permission be granted to Stacy Nevill and Derek Scott to use the Vienna
Memorial Park on Saturday, September 10, 2011 between 3:00 p.m. and 6:00 p.m.
subject to:
• provision of proof of liability insurance coverage naming the Municipality of
Bayham as an additional insured,in the amount of$2 million; and
• clean up and repair of any damage to the park area be the responsibility of the
organizers."
CARRIED UNANIMOUSLY
(d) Bayham Community Centres draft minutes of meeting held March 23,2011 (Item 5 (b)
&(d)require Council action),Draft By-Law 2011-030,being a by-law to amend rates
and fees and Memorandum C2011-04 regarding"Purchase of Dishwasher".
File: C06
2011-160
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT, as requested by the Bayham Commuity Centres Committee,By-Law 2011-
030, being a by-law to further amend rates and fees, be presented to Council for
enactment."
CARRIED UNANIMOUSLY
Page 10 of 13
Council Minutes April 07,2011
2011-161
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Council authorizes the purchase of a Fagor dishwasher for the Vienna
Community Centre from Del-Bac Sales at a cost of$7,332;
AND THAT the purchase of a pumping system and water softener and installations
by Darlington Wiring& Plumbing at a cost of$3,649.97 plus HST be approved."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
(a) Correspondence dated March 22,2011 from Ontario Clean Water Agency regarding
"Safe Drinking Water Act, Schedule 22 Summary Report".
File: E08
2011-162
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT 2010 Annual Summary Report for the Port Burwell Area Secondary Water
Supply System be received for information."
CARRIED UNANIMOUSLY
(b) Municipality of Bayham Distribution System Drinking Water System Inspection
Report dated January 27, 2011.
File: E08
2011-163
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Municipality of Bayham Distribution System Drinking Water System
Inspection Report be received for information."
CARRIED UNANIMOUSLY
(c) Richmond Community Water Inc. Well Supply Drinking Water Inspection Report
dated January 27,2011.
File: E08
2011-164
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT Richmond Community Water Inc. Well Supply Drinking Water Inspection
Report be received for information."
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Council Minutes April 07, 2011
CARRIED UNANIMOUSLY
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2011-165
Moved by Councilor E Ketchabaw
Seconded by Councillor T Southwick
"THAT the Council do now rise to enter into an "In Camera" Session of Committee
of the Whole at 9:50 p.m. to discuss:
• advice that is subject to solicitor-client privilege,including communications
necessary for that purpose."
CARRIED UNANIMOUSLY
(b) Closed session minutes of the regular meeting of Council held March 24,2011.
(c) Verbal Report regarding advice that is subject to solicitor-client privilege, including
communications necessary for that purpose. (Ojibwa Lease Negotiations)
(d) Out of Camera.
2011-166
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT the Committee of the Whole do now rise from the "In Camera" session at
10:05 p.m."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-Law 2011-028 A By-Law to authorize the renewal of an agreement(Wilson
Lawn Care& Snow Removal)
(b) By-Law 2011-030 A By-Law to further amend By-Law 2005-102(Imposing Rates
and Fees)
2011-167
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT By-Laws 2011-028 and 2011-030 be read a first,second and third time and
finally passed."
CARRIED UNANIMOUSLY
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Council Minutes April 07, 2011
(c) By-Law 2011-031 A By-Law to confirm all actions of Council
2011-168
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT confirming By-Law 2011-031 be read a first,second and third time and
finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2011-169
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT the Council meeting be adjourned at 10:06 p.m."
CARRIED UNANIMOUSLY
47->
YOR CLERK
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