HomeMy WebLinkAboutJune 16, 2011 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road,Straffordville
June 16,2011
7:00 PM
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,June
16,2011 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 was in attendance to present her
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 special meeting of Council held May 31,2011.
2011-270
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT the minutes of the special meeting held May 31,2011 be approved as
circulated."
CARRIED UNANIMOUSLY
(b) Minutes of the regular meeting of Council held June 2,2011.
2011-271
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT the minutes of the regular meeting held June 2,2011 be approved as
circulated."
CARRIED UNANIMOUSLY
(c) Minutes of the budget meeting of Council held June 6,2011.
(d) Minutes of the budget meeting of Council held June 9, 2011.
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Council Minutes June 16, 2011
2011-272
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT the minutes of the budget meeting held June 9,2011 be approved as
circulated."
CARRIED UNANIMOUSLY
4. DELEGATIONS
(a) 7:05 p.m. - John Regan,General Manager and Rhonda Stewart, Executive Assistant
from the Elgin Business Resource Centre regarding"Updates from Elgin Business
Resource Centre and Exploring Opportunities with Elgin Business Resource Centre"
John Regan and Rhonda Stewart gave a power point presentation regarding the community
business support services provided by the Elgin Business Resource Centre in St. Thomas. The
mission statement is to provide business resources and to be a catalyst in strengthening our
communities. Core services include business counseling/training, funding support through access
to capital—lender, Sand Plains Development Fund, community economic development, self
employment benefits program, summer company and business incubation. Previously known as
the Community Futures Development Corporation, the organization has been active in Elgin
since 1986. Statistics show that the business counseling success rate indicates that 71%of
businesses benefiting from their services and started between 1998 and 2009 are still operating.
The organization provides access to capital business loans as a lender of last resort up to
$150,000. The Sand Plains community development fund provides loans up to $250,000 for not-
for-profit organizations through the Tillsonburg office. This program ends in March 2012.
The Self Employment Benefits Program provides 42 weeks of Employment Insurance eligible
persons to establish their own businesses. Entrepreneurial and youth support programs are also
available. The organization is a member of all local Chambers of Commerce.
Mr. Regan encouraged Council members to get the word out to the community about the services
available and left promotional material for distribution to the public.
(b) 7:30 p.m. -Wanda Hoshal regarding isues of Estherville previously discussed at
Council along with other matters.
Wanda Hoshal provided a handout to Council regarding wording for a commemorative plaque
proposed for the Estherville Cemetery. She noted that the group was no longer contemplating
that the plaque be made of brass due to cost and potential for theft,rather suggested a new
material called avion which is available in London. No pricing was provided.
Ms. Hoshal commented that there was no cost to the Municipality for the retrieval and placement
of stones to Estherville as neither staff nor equipment were provided.
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Council Minutes June 16,2011
5. INFORMATION ITEMS
(a) AMO Breaking News dated June 1, 2011 regarding "Bill 181 Passes Third Reading
Mandatory Retirement at age 60 for Ontario's Salaried Firefighters".
File: A01
(b) Long Point Region Conservation Authority Board of Directors minutes of meeting held
May 4,2011.
File: A16
(c) Edison Museum Building Committee minutes of meeting held May 30,2011.
File: C06
(d) Bayham Historical Society minutes of meeting held May 12,2011.
File: C06
(e) Copy of Resolution dated May 31,2011 from City of London regarding"CBC decision
to shut down over the air television transmission to the London market"
File: C10
(f) Lake Erie Region Source Protection Committee minutes of meeting held May 5,2011.
File: E00
(g) Correspondence dated June 13,2011 from Ross and Martha Andrews regarding "Waste
Collection Scheduling".
File: C13
Staff was directed to respond to the Andrews that there are currently no changes contemplated
for waste management services.
2011-273
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT information items 5(a)through 5(g)be received for information."
CARRIED UNANIMOUSLY
6. PLANNING,DEVELOPMENT.RECREATION&TOURISM
(a) Staff Report D2011-22 regarding"MacDonald Consents E54/11 &E55/11".
File: D10.11 MacDonald
2011-274
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT Council recommend to the Elgin County Land Division Committee the two
consent applications E54/11 &E55/11,submitted by John Robert MacDonald,be
granted with each application subject to the following conditions:
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Council Minutes June 16,2011
1. copy of the final survey be provided to the municipality
2. Letter of Undertaking providing for the consolidation of the severed parcel with
the adjacent property as per the application."
Deputy Mayor Taylor noted his opposition to decisions made based on assessment
mapping not necessarily being correct.
CARRIED
(b) Staff Report D2011-23 regarding"Breedon Consents E56-58/11".
File: D10.11 Breedon
2011-275
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
THAT Council recommend to the Elgin County Land Division Committee that
Consent Applications E56/11,submitted by Brian and Theresa Breedon,be granted
with each application subject to the following conditions:
1. the application is amended to reduce the severed parcel lot area to provide for a
22 metre wide access to the interior agricultural lands
2. copy of the final survey be provided to the municipality
3. $500 cash-in-lieu parkland dedication fee payable to the municipality
4. municipal lot assessments subject to municipal approval
5. grading plan for the entire lands subject to municipal approval
6. water quantity testing report subject to provincial standards
7. water quality testing report for nitrates and bacteria content subject to
provincial standards
8. County of Elgin confirmation of permitted access to County Road 38
9. removal of pack barn
10. rezoning to remove the"holding" provision subject to Conditions 4-9 being
satisfied
11. civic numbering signage."
Deputy Mayor Taylor noted his opposition to decisions made based on assessment
mapping not necessarily being correct.
CARRIED
2011-276
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Council recommend to the Elgin County Land Division Committee that
Consent Applications E57/11 and E58/11,submitted by Brian and Theresa Breedon,
be granted with each application subject to the following conditions:
1. copy of the final survey be provided to the municipality
2. $500 cash-in-lieu parkland dedication fee payable to the municipality
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Council Minutes June 16,2011
3. municipal lot assessments subject to municipal approval
4. grading plan for the entire lands subject to municipal approval
5. water quantity testing report subject to provincial standards
6. water quality testing report for nitrates and bacteria content subject to
provincial standards
7. county of Elgin confirmation of permitted access to County Road 38
8. rezoning to remove the "hosding" provision subject to Conditions 3-7& 10
being satisfied
9. civic numbering signage
10. removal of all buildings on E57/11 only."
Deputy Mayor Taylor noted his opposition to decisions made based on assessment
mapping not necessarily being correct.
CARRIED
(c) Staff Report D2011-24 regarding"Soreny Farms Consent E41/11".
File: D10.11 Soreny Farms
2011-277
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT Council recommend to the Elgin County Land Division Committee that
consent application E41/11,submitted by Soreny Farms Limited,be amended and
resubmitted for consideration."
Deputy Mayor Taylor noted his opposition to decisions made based on assessment
mapping not necessarily being correct.
CARRIED
(d) Staff Report D2011-25 regarding"Soreny Farms Consents E42-45/11".
File: D10.11 Soreny Farms
2011-278
Moved by Councilor E Ketchabaw
Seconded by Councillor T Southwick
"THAT Council recommend to the Elgin County Land Division Committee that
consent applications E42-45/11, submitted by Soreny Farms Limited,be granted
each subject to conditions:
1.Development Agreement with the municipality
2.water quantity testing report meeting the Provincial standards
3.water quality testing report for nitrates and bacteria content meeting the
Provincial standards
4.stormwater management plan with an engineered municipal drain connection
5.grading plan subject to municipal approval
6.final survey provided to the municipality
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Council Minutes June 16,2011
7. $500 cash-in-lieu of parkland dedication
8.purchase of civic numbering signage
9. rezoning to remove the"holding" provision subject to conditions 1-5."
Deputy Mayor Taylor noted his opposition to decisions made based on assessment
mapping not necessarily being correct.
CARRIED
(e) Staff Report D2011-26 regarding "Szorenyi Consents E50-53/11".
File: D10.11 Szorenyi
2011-279
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT Council recommend to the Elgin County Land Division Committee the
following:
THAT consent application E50/11, submitted by Michele Szorenyi, be refused on
the basis that Registered Plan 205"Donnelly Drive"street allowance cannot be
included in the consent;
AND THAT consent application E51/11,submitted by Michele Szorenyi, be granted
subject to conditions:
1.confirmation of lot dimensions showing Donnelly Drive street allowance is not
included and maintain the required minimum frontage of 20 metres
2.water quantity testing report meeting the Provincial standards
3.water quality testing report for nitrates and bacteria content meeting the
Provincial standards
4. stormwater management plan with an engineered municipal drain connection
5.grading plan subject to municipal approval
6. Sewer Services permit
7.Road Access permit
8.final survey provided to the municipality
9. $500 cash-in-lieu of parkland dedication
10.purchase of civic numbering signage
11. rezoning to remove the"holding"provision subject to conditions 1-6
AND THAT consent applications E52/11 and E53/11, submitted by Michele
Szorenyi,be granted each subject to conditions:
1.water quantity testing report meeting the Provincial standards
2.water quality testing report for nitrates and bacteria content meeting the
Provincial standards
3. stormwater management plan with an engineered municipal drain connection
4. grading plan subject to municipal approval
5. Sewer Services permit
6.Road Access permit
7.final survey provided to the municipality
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Council Minutes June 16,2011
8. $500 cash-in-lieu of parkland dedication
9.purchase of civic numbering signage
10. rezoning to remove the"holding"provision subject to conditions 1-6."
Deputy Mayor Taylor noted his opposition to decisions made based on assessment
mapping not necessarily being correct.
CARRIED
7. ROADS,AGRICULTURE &DRAINAGE
(a) Event Road Closure Request Form from Port Burwell Historical Society regarding
"Canada Day Celebrations".
File: R06
2011-280
Moved by Deputy Mayor M Taylor
Seconded by Councilor W Casier
"THAT municipal streets in Port Burwell be used for a Canada Day Parade on July
1,2011 beginning at 11:00 a.m.;
THAT the municipality hereby requests permission from the County of Elgin to use
Wellington Street from Elizabeth Street west to Robinson Street;
AND THAT the Bayham Public Works Manager take the necessary precautions for
traffic control,safety and signage requirements."
CARRIED UNANIMOUSLY
(b) Event Road Closure Request Form from Straffordville Community Committee
regarding"Straffordville Watermelon Fest."
File: R06
2011-281
Moved by Councilor W Casier
Seconded by Deputy Mayor M Taylor
"THATCouncil grants permission to use municipal streets within Straffordville for
Watermelon Fest parade;
THAT Old Chapel Street south from Heritage Line to Plank Road be closed during
the parade;
THAT Council requests permission from the County of Elgin to use Plank Road
from Third Street,south to Heritage Line and Heritage Line west to the Bayham
Community Centre on Saturday,August 27,2011 between 9:30 and 11:00 a.m.
during the parade in Straffordville subject to the organizers:
• providing the municipality with proof of liability insurance to cover all events
including naming the municipality as an additional insured;
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Council Minutes June 16,2011
• obtaining the necessary approvals from the Ontario Provincial Police and the
Bayham Fire Chief(as per completion of the Municipal Road Close Notice and
parade route mapping);
THAT the Manager of Public Works be directed to make the necessary
arrangements for traffic control and safety;
AND THAT the clean up of the park area be the responsibility of the organizers."
CARRIED UNANIMOUSLY
8. PROPERTY,BUILDING&PROTECTIVE SERVICES
(a) Building Permit Report for month ending May 31, 2011.
File: P10
2011-282
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Building Permit Report for month ending May 31,2011 be received for
information."
CARRIED UNANIMOUSLY
(b) Correspondence dated June 7, 2011 from Outback Camping regarding "Request for
Noise By-Law Amendment".
File: P01
It was noted that the Bayham noise by-law is strictly prohibitive and that legal action is currently
in process regarding enforcement.
2011-283
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT correspondence from Outback Camping regarding Request for Noise By-
Law Amendment be received."
CARRIED UNANIMOUSLY
(c) Correspondence dated May 31,2011 from Ontario Early Years Centre Elgin-
Middlesex-London regarding "Summer Park Program".
File: C13
2011-284
Moved by Councillor T Southwick
Seconded by Deputy Mayor M Taylor
Page 8 of 12
Council Minutes June 16,2011
"THAT Council supports the request for permission to use green space in the
Straffordville Community Park on Friday mornings from 9:30 - 11:30 a.m. for the
period July 8 -August 26,2011 subject to proof of liability insurance coverage,
naming the Municipality of Bayham as an additional insured,in the minimum
amount of$2,000,000,000;
AND THAT the cleanup of the area be the responsibility of the users."
CARRIED UNANIMOUSLY
9. FINANCE,ADMINISTRATION& PERSONNEL
(a) Cheque Register being Cheque#10546 to Cheque#10610 inclusive,totaling
$106,269.72 and Payroll Disbursements for the period ending May 29,2011 totaling
$63,029.42.
2011-285
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor M Taylor
"THAT Cheque Register being Cheque#10546 to Cheque#10610 inclusive,totaling
$106,269.72 and Payroll Disbursements for the period ending May 29,2011 totaling
$63,029.42 be approved."
CARRIED UNANIMOUSLY
(b) Staff Report F2011-04 regarding"Council Remuneration&Expenses".
File: F03.03
2011-286
Moved by Deputy Mayor M Taylor
Seconded by Councillor E Ketchabaw
"THAT Staff Report F2011-04 regarding Council Remuneration&Expenses be
received for information."
CARRIED UNANIMOUSLY
(c) Discussion regarding"Ongoing Policing Service Increases".
Councillor Southwick circulated a handout including a draft resolution in opposition to the 5%
increase to the OPP contact renewal costs as approved by the provincial government.Members
were requested to provide revised wording suggestions to staff.Further consideration is to be
given at the next meeting.
(d) Correspondence dated June 6,2011 from Paul Andriekus regarding"Harmony Acres
Line Race Track".
File: C13
2011-287
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Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT correspondence from Paul Andriekus regarding Harmony Acres Line Race
Track be received;
AND THAT the letter be referred to staff and OPP for further report."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
(a) Staff Report E2011-03 regarding"Water System Transfer Agreement- Secondary
System and Bayham".
File: E08
It was noted that this is a housekeeping matter to clarify ownership and represents no change to
current municipal operations. These sections of the waterline serve only the local area and should
have no impact on future grants.
2011-288
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT By-Law 2011-053,being a by-law to authorize an agreement with the Port
Burwell Area Secondary Water Supply System Joint Board of Management for the
transfer of Certain Assets be presented to Council for enactment."
CARRIED UNANIMOUSLY
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2011-289
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"THAT the Council do now rise to enter into an "In Camera" Session of Committee
of the Whole at 9:45 p.m.to discuss:
• a proposed or pending acquisition or disposition of land by the municipality or
local board;
• labour relations or employee negotiations."
CARRIED UNANIMOUSLY
(b) Closed session minutes of the regular meeting of Council held June 2,2011.
(c) Proposed or pending acquisition or disposition of land by the municipality or local
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Council Minutes June 16,2011
board(Elgin Military Museum)
(d) Discussion regarding labour relations or employee negotiations. (CUPE Contract)
(e) Out of Camera.
2011-290
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT the Committee of the Whole do now rise from the "In Camera" session at
10:35 p.m."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-Law 2011-049 A By-law to authorize the renewal of an agreement(Norfolk
Disposal Services Limited)
(b) By-Law 2011-051 A By-law to repeal By-Law No. 378 of the former Village of Port
Burwell,being a By-law to Prohibit the Discharge of Firearms
(c) By-Law 2011-053 A By-law to authorize the execution of an agreement (Port
Burwell Area Secondary Water Supply System)
It was noted that By-law 2011-051 repeals the prohibition of the discharge of firearms in Port
Burwell.
2011-291
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor M Taylor
"THAT By-Laws 2011-049,2011-051 and 2011-053 be read a first,second and third
time and finally passed."
CARRIED UNANIMOUSLY
(d) By-Law 2011-055 A By-Law to confirm all actions of Council
2011-292
Moved by Deputy Mayor M Taylor
Seconded by Councillor E Ketchabaw
"THAT confirming By-Law 2011-055 be read a first,second and third time and
finally passed."
CARRIED UNANIMOUSLY
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13. ADJOURNMENT
(a) Adjournment
2011-293
Moved by Deputy Mayor M Taylor
Seconded by Councilor W Casier
"THAT the Council meeting be adjourned at 10:40 p.m."
CARRIED UNANIMOUSLY
OR CLERK
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