HomeMy WebLinkAboutMay 05, 2011 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
May 5,2011
7:00 PM
The regular meeting of the Council of the Municipality of Bayham was held on Thursday, May
5,2011 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.
By-Law Enforcement Officer Gord Roesch and Treasurer Denis Duguay were in attendance to
present his report.
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 April 21,2011.
2011-203
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the minutes of the regular meeting held April 21,2011 be approved as
circulated."
CARRIED UNANIMOUSLY
(b) Added Item(s)
2011-204
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT in accordance with Section 21 of Procedural By-law 2002-93,Helene Cerna
as a delegation at 7:25 p.m.and Karen Cummings as a delegation at 7:35 p.m. be
added to the agenda as items 4(c) and 4(d)respectively."
CARRIED UNANIMOUSLY
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Council Minutes May 05, 2011
4. DELEGATIONS
(a) 7:05 p.m. -Christine Churchill regarding "Outback Camping Application for
exemption from Noise By-Law".
Christine Churchill strongly opposed any exemption from the noise by-law requested by Mike
Timmermans of Outback Camping. She noted that she had voiced her concerns to members of
Council in 2010 regarding excessive noise and loud music on many occasions. She added that if
the applicant had maintained compliance with the noise by-law then, she would have a different
perspective on the current exemption application.
She acknowledged appreciation to the organizers of the Blues Festival by limiting event hours
from 10 a.m.until 10 p.m. Ms. Churchill questioned whether Mr. Timmermans would be
required to hire off duty police officers and who they would report to. Referring to the City of
London noise by-law, she asked if the municipality would monitor the noise levels and limit to
90 decibels within 100 feet of the music. She also questioned the ability of the security company
to deal with crowds estimated at 1,000. Ms. Churchill questioned Council what would be their
response to an exemption if this was in their backyard? She closed by advising that she and her
husband are not in favour of any kind of exemption in regards to the noise by-law.
(b) 7:15 p.m. -Carole Engelhardt regarding"Outback Camping Application for exemption
from Noise By-Law".
Carole Engelhardt raised concerns with the applicant's ability to keep noise levels down, handle
large crowds,deal with parking,traffic, fire safety,garbage and nuisance issues. She referred to
various legislation including the Canadian Charter of Rights and Freedoms. She doubted the
validity of the tourism and economic impact locally.
(c) 7:25 p.m. -Helene Cerna regarding "Outback Camping Application for exemption
from Noise By-Law".
Helene Cerna did not attend however, did provide a submission.
(d) 7:35 p.m. -Karen Cummings regarding"Outback Camping Application for exemption
from Noise By-Law".
Karen Cummings,representing Outback Camping,noted that this is a unique venue with live
entertainment,catering to the under 30 crowd, which do not tend to be quiet. She noted that an
exemption until 1:00 a.m.was requested as the delegations at the last meeting had suggested
1:00 a.m. to be reasonable. Efforts are being made to improve the park operations including
waste management,crowd control, security and the proposed addition of emergency services on
site. Without the ability to cater to this age group people will quit coming. She commented that
the loss of 6,000 campers will have an economic impact on local businesses. Ms. Cummings
commented that Port Burwell is a little known destination and that circulation of flyers and
promotion materials by the campground are putting it on the map. She added that an exemption
until 1:00 a.m. is reasonable and requested Council support.
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Council Minutes May 05,2011
5. INFORMATION ITEMS
(a) AMO Breaking News regarding "Firefighters Mandatory Retirement Legislation
Introduced".
File: A01
(b) Correspondence from Local Authority Services Ltd regarding"LAS Energy Workshop
Sessions".
File: A01
(c) Correspondence dated March 24, 2011 from Ministry of Revenue regarding"Ministry
of Revenue, Get Your Money Cards".
File: A 16
(d) Correspondence dated April 27,2011 from Long Point Region Conservation Authority
regarding "Financial Statements for the period ending December 31,2011". (Details
available)
File: Al 6
(e) Joint Cemetery Board Draft Minutes of meeting held April 19,2011.
File: C06
(f) Correspondence received from County of Elgin regarding "2011 Community Festival
&Event Partnership Program".
File: Fl i
(g) Correspondence dated April 8,2011 from Citizenship and Immigration Canada
regarding "Canada's Citizenship Award 2011". (Nomination Forms Available)
File: M02
(h) Correspondence dated April 19,2011 from Town of Ingersoll regarding"HST charged
on gasoline and diesel sales".
File: C10
2011-205
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT information items 5(a)through 5(h) be received for information."
CARRIED UNANIMOUSLY
6. PLANNING,DEVELOPMENT,RECREATION &TOURISM
(a) Staff Report D2011-18 regarding "MacNeil Subdivision Port Burwell Pre-Servicing
Agreement Amendment".
File: D12.08ELIZ
Page 3 of 9
Council Minutes May 05,2011
2011-206
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT By-Law 2011-039 being a by-law to authorize the execution of an
amendment to a Pre-Servicing Agreement with Jo-Lynn Pt. Burwell Inc., be
presented to Council for enactment."
CARRIED UNANIMOUSLY
7. ROADS,AGRICULTURE& DRAINAGE
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
(a) Building Permit Report for month ending April 30,2011.
2011-207
Moved by Councilor E Ketchabaw
Seconded by Councillor W Casier
"THAT Building Permit Report for month ending April 30, 2011 be received for
information."
CARRIED UNANIMOUSLY
(b) Staff Report P2011-008 regarding Outback Camping Noise Exemption".
File: P01
Gord Roesch, By-law Enforcement Officer,recommended that should Council chose to support
the exemption request,the noise policy be applied and monitoring at a cost of$40 per hour be
imposed.
2011-208
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Council inform the applicant that due to the public feedback already
received,they are not interested in approving this application."
CARRIED
(c) Staff Report P2011-009 regarding "Committee of Council -By-Law Review".
File: P01
2011-209
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
Page 4 of 9
Council Minutes May 05,2011
"THAT Council appoint Jamey Inwood, Sean Hurley, Christine Churchill and
Larry Johnson to form a By-Law Enforcement Review Committee;
AND THAT Terms of Reference be established as follows:
• Committee will review the current By-law enforcement procedures,specifically
evaluating complaint based inspection vs. routine inspections and make
recommendations to Council and,
• Review Yard Maintenance and Property Standard By-laws specifically as to
what should be regulated in Bayham and make recommendations to Council."
CARRIED UNANIMOUSLY
(d) Correspondence dated May 2, 2011 from Bayham/Port Burwell Horticultural Society
regarding"Use of Municipal Sign".
File: C13
2011-210
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT Council grants permission for the Bayham/Port Burwell Horticultural
Society to use the Municipal sign as requested,subject to Municipal needs."
CARRIED UNANIMOUSLY
9. FINANCE,ADMINISTRATION &PERSONNEL
(a) Cheque Register being Cheque#10345 to Cheque#10411 inclusive, except Cheques
#10292 and#10314 totaling$68,675.20 and Payroll Disbursements for the period
ending April 17,2011 totaling$52,457.59.
2011-211
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT Cheque Register being Cheque#10345 to Cheque#10411 inclusive,except
Cheques#10292 and #10314 totaling$68,675.20 and Payroll Disbursements for the
period ending April 17, 2011 totaling$52,457.59 be approved."
CARRIED UNANIMOUSLY
(b) Correspondence dated April 21, 2011 from Town of Ingersoll regarding "Resolution on
Elimination of Municipal Health Care Professionals Recruitment Incentives".
File: C10
2011-212
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
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Council Minutes May 05, 2011
"THAT Council supports the resolution from the Town of Ingersoll regarding the
Elimination of Municipal Health Care Professionals Recruitment Incentives."
CARRIED UNANIMOUSLY
(c) Staff Report PR2011-06 regarding"Harbour Facilities 2011".
File: L04
2011-213
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT By-Law 2011-038,being a by-law to authorize an agreement with Ron
Bradfield,Bradcranex Inc. to operate the municipal Black Docks,boat launch and
finger docks for 2011 be presented to Council for enactment."
CARRIED UNANIMOUSLY
(d) Staff Report F2011-06 regarding"Valko-Giesbrecht Property".
File: F22
2011-214
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT Council direct staff to adjust property taxes for Mr. Giesbrecht and Mr.
Valko as outlined in Report F2011-06."
CARRIED UNANIMOUSLY
(e) Correspondence dated April 29, 2011 from Corinth Pavilion Fund Raising Committee
regarding "Corinth Pavilion Fundraiser".
File: C13
2011-215
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT staff be directed to withdraw$250 from the Corinth Pavilion Fund Raising
account and provide to the Fund Raising Committee to be used for further
fundraising to be paid to Lori King &Wendy Chilcott."
CARRIED UNANIMOUSLY
(0 Staff Memorandum regarding "Dredging Information Update".
File: D06
Page 6 of 9
Council Minutes May 05,2011
The Administrator advised that funding for the planning studies applied for in the amount of
$17,000 under the Sand Plains program will remain eligible if undertaken prior to confirmation
of approval. A required dredging depth of 10' wide for a full 60' width has been confirmed. This
amounts to over 60,000 cubic meters of dredging material being moved at a cost of$23 to $24
per cubic meter. The equipment proposed by the Harbourfront Committee can be upgraded to
boost the pumping rate,however, larger equipment to complete the dredging in a shorter
timeframe to facilitate the Ojibwa is preferred. The Administrator suggested an RFP to contract
out the service,with an option to buyout,be circulated by mid-May. It was also suggested that
the dredge remain onsite until the Ojibwa has been put in place.
2011-216
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"THAT Staff Memorandum regarding Dredging Information Update be received
for information;
THAT staff be directed to proceed with an RFP for dredging to facilitate project
Ojibwa;
AND THAT IBI Group be retained to proceed with the,necessary planning reports
as quoted."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2011-217
Moved by Councillor T Southwick
Seconded by Deputy Mayor M Taylor
"THAT the Council do now rise to enter into an "In Camera" Session of Committee
of the Whole at 8:50 p.m. to discuss:
• personal matters about an identifiable individual,including municipal or local
board employees;
• litigation or potential litigation,including matters before administrative
tribunals, affecting the municipality or local board;
• 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 April 21,2011.
(c) Confidential Report regarding litigation or potential litigation, including matters before
administrative tribunals, affecting the municipality or local board. (Illegal Building
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Council Minutes May 05,2011
Construction)
(d) Correspondence regarding personal matters about an identifiable individual,including
municipal or local board employees. (Land Division Committee-Future
Considerations)
(e) Confidential Verbal Report regarding advice that is subject to solicitor-client privilege,
including communications necessary for that purpose. (Project Ojibwa Lease Update)
�f) Out of Camera.
2011-218
Moved by Deputy Mayor M Taylor
Seconded by Councillor T Southwick
"THAT the Committee of the Whole do now rise from the "In Camera" session at
10:00 p.m."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-Law 2011-038 A By-Law to authorize the execution of a lease agreement.
(Bradfield)
() By-Law 2011-039 A By-Law to authorize the execution of an amendment to a Pre-
Servicing Agreement. (Jo-Lynn Pt. Burwell Inc.)
2011-219
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT By-Laws 2011-038 and 2011-039 be read a first,second and third time and
finally passed."
CARRIED UNANIMOUSLY
(c) By-Law 2011-040 A By-Law to confirm all actions of Council
2011-220
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"THAT confirming By-Law 2011-040 be read a first,second and third time and
fmally passed."
CARRIED UNANIMOUSLY
Page 8 of 9
Council Minutes May 05,2011
13. ADJOURNMENT
(a) Adjournment
2011-221
Moved by Deputy Mayor Taylor
Seconded by Councillor W Casier
"THAT the Council meeting be adjourned at 10:01 p.m."
CARRIED UNANIMOUSLY
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