HomeMy WebLinkAboutJuly 16, 2015 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING MINUTES
Thursday, July 16, 2015
MUNICIPAL OFFICE
STRAFFORDVILLE, ONTARIO
7:00 p.m.
6:30 p.m. Committee of Adjustment
7:30 p.m. PUBLIC MEETING - Zoning - Gunstone
PUBLIC MEETINGS - Drainage
5:00 p.m. - Stewart Drain No. 1
8:15 p.m. - Peters Drain Branches
Council recessed at 7:43 p.m. for Public Meeting - Zoning and reconvened at 7:47 p.m.
The regular meeting of the Council of the Municipality of Bayham was held on Thursday, July
15, 2015 in the Council Chambers. Present were Mayor Paul Ens, Deputy Mayor Tom
Southwick, Councillors Randy Breyer, Wayne Casier and Ed Ketchabaw, CAO Paul Shipway
and Clerk Lynda Millard.
Deputy Clerk/Planning Coordinator Margaret Underhill and Treasurer Lorne James were in
attendance to present their respective reports.
1. CALL TO ORDER
Mayor Ens called the meeting to order at 7:01 p.m.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE
THEREOF
Deputy Mayor Southwick declared a pecuniary interest in [tem 5(a) Erie Shores Wind Farm
and vacated Chambers during the presentation.
3. REVIEW OF ITEMS NOT LISTED ON AGENDA
None.
4. ANNOUNCEMENTS
(a) Mayor Ens announced that the Straffordville Evangelical Mennonite Church invites the
community to attend an open, public worship service on Sunday, July 19 at 10:30
a.m.at the Straffordville Park followed by a free lunch at 12:00 p.m.
5. DELEGATIONS
(a) 7:00 p.m. - Erie Shores Wind Farm - presentation by David Eva regarding a proposed
expansion of the Wind Farm and introduction of the project
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July 16, 2015
David Eva on behalf of Capstone Power Development with the aid of a powerpoint
presentation outlined the proposed Erie Shores Wind Farm 2 project which would be an
expansion of the existing Erie Shores Wind Farm facility and would be located in the
Township of Malahide and the Municipality of Bayham. The project, which is proposed
to generate up to 70MW of additional electricity would consist of larger, quieter wind
turbines. Capstone is looking for Municipal support for the project and/or proposed
connection line.
Moved by: Councillor Ketchabaw
Seconded by: Councillor Casier
THAT the Erie Shores Wind Farm presentation be received;
AND that a By-law be brought forward authorizing the Municipal Council Support
Resolution and agreement be completed;
AND THAT a working group consisting of the CAO, Mayor Ens, Councillors
Ketchabaw, Casier and Breyer come up with terms of a Contribution Agreement.
CARRIED
(b) 7:20 p.m. - Gord Bennett and Gord Bennett Sr. on behalf of the Rail Trail Committee
regarding re -appointment of the committee
Gord Bennett and Gord Bennett Sr. presented information on the work of the Rail Trail
Committee to date, ongoing plans, future vision and benefits to the community in an
effort to retain the committee.
Moved by: Councillor Ketchabaw
Seconded by: Deputy Mayor Southwick
THAT the presentation on behalf of the Rail Trail Committee be received for
information.
6. ADOPTION OF MINUTES OF PREVIOUS MEETINGS)
(a) Regular meeting of Council held June 18, 2015
Moved by: Councillor Ketchabaw
Seconded by: Deputy Mayor Southwick
THAT the minutes of the regular meeting held June 18, 2015 be adopted.
CARRIED
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7. MOTIONS AND NOTICE OF MOTION
July 16, 2015
S. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT
1. CORRESPONDENCE
1.1 RECEIVE FOR INFORMATION
1.2 REQUIRING ACTION
2. REPORTS TO COUNCIL
9. PHYSICAL SERVICES - EMERGENCY SERVICES
L CORRESPONDENCE
1.1 RECEIVE FOR INFORMATION
1.2 REQUIRING ACTION
2. REPORTS TO COUNCIL
(a) Report BL -02/15 by Randy White, Fire Chief/By-law Officer re Prohibited Animal By-
law Exemption
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Casier
THAT Report BL -02/15 be received for information;
AND THAT Council grants an exemption to the Prohibited Animal By -Law for
Marisa Zilli, allowing to keep the species Brazilian Short -Tailed Opossum as part of
her business and educational work.
10. DEVELOPMENT SERVICES - SUSTAINABILITY AND CONSERVATION
1. CORRESPONDENCE
1.1 RECEIVE FOR INFORMATION
(a) Elgin County re Approval of Official Plan Amendment No. 15
(b) Revised Notice of Adoption of Community Improvement Plan
Moved by: Councillor Ketchabaw
Seconded by: Deputy Mayor Southwick
THAT correspondence items 10.1.1(a) - 10.1.1(b) be received for information.
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1.2 RE UMING ACTION
1.3 PUBLIC MEETING
July 16, 2015
(a) 5:00 p.m. - Stewart Drain #1 - to consider Spriet Associates Engineer's Report
208367 dated March 5, 2015 re -submitted May 28, 2015
John Spriet Jr. was in attendance.
Signed in attendees - John Stewart
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Casier
THAT the Council meeting be adjourned in order to hold a Public Meeting
pursuant to the provisions of the Drainage Act.
CARRIED
1.4 DECLARATION OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF
No disclosures of pecuniary interest were declared.
1.5 STAFF PRESENTATION
(a) Report DS -40115 by Bill Knifton, Chief Building Official, Drainage Superintendent re
Stewart Drain No. 1
1.6 PUBLIC COMMENTS
(a) Correspondence from Terry Pittao
Moved by: Councillor Ketchabaw
Seconded by: Deputy Mayor Southwick
THAT correspondence from Terry Pittao be received for information;
AND THAT staff respond to Mr. Pittao.
AM 111 11.114
1.7 COUNCIL COMMENTS AND QUESTIONS
None.
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1.8 ADJOURNMENT
(a) Adjournment
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Ketchabaw
THAT the Public meeting be adjourned and the Council meeting be reconvened at
8:08 P.M.
CARRIED
1.9 DISPOSITION OF ITEM
(a) Disposition
Moved by: Councillor Casier
Seconded by: Councillor Ketchabaw
THAT in accordance with Sections 44 to 46 of the Drainage Act, Council of the
Corporation of the Municipality of Bayham hereby adopts Spriet Associates
report #208367 dated March 5, 2015 and re -submitted on May 28, 2015 referred to
as the "Stewart Drain No.1" report;
THAT Provisional By-law #2015-065 be given first and second reading;
THAT the Clerk be directed to distribute copies of the Provisional By-law and
Notice of the time and place of the first sitting of the Court of Revision to the
affected parties pursuant to Section 46 (2) of the Drainage Act;
AND THAT a date of August 20, 2015 at 8:00 p.m. be set for the first sitting of the
Court of Revision."
''.1 W,
1.10 PUBLIC MEETING
(a) 8:19 p.m. - Peters Drain Branches - to consider Spriet Associates Engneer's Report
214226 dated May 28, 2015
John Spriet Jr. was in attendance.
No signed in attendees.
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Casier
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Council Minutes July 16, 2015
THAT the Council meeting be adjourned in order to hold a Public Meeting
pursuant to the provisions of the Drainage Act.
CARRIED
1.11 DECLARATION OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF
No disclosures of pecuniary interest were declared.
1.12 STAFF PRESENTATION
(a) Report DS -41115 by Bill Knifton, Chief Building Official, Drainage Superintendent re
Peters Drain Branches
1.13 PUBLIC COMMENTS
None.
1.14 COUNCIL COMMENTS AND QUESTIONS.
None.
1.15 ADJOURNMENT
(a) Adjournment
Moved by: Councillor Casier
Seconded by: Deputy Mayor Southwick
THAT the Public meeting be adjourned and the Council meeting be reconvened at
8:21 p.m.
CARRIED
1.16 DISPOSITION OF ITEM
(a) Disposition of Item
Moved by: Councillor Ketchabaw
Seconded by: Councillor Casier
THAT in accordance with Sections 44 to 46 of the Drainage Act, Council of the
Corporation of the Municipality of Bayham hereby adopts Spriet Associates
report #214226 dated May 28, 2015, referred to as the "Peters Drain Branches"
report;
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THAT Provisional By-law #2015-077 be given first and second reading;
THAT the Clerk be directed to distribute copies of the Provisional By-law and
Notice of the time and place of the first sitting of the Court of Revision to the
affected parties pursuant to Section 46 (2) of the Drainage Act;
AND THAT a date of August 20, 2015 at 8:15 p.m. be set for the first sitting of the
Court of Revision."
CARRIED
2. REPORTS TO COUNCIL
(a) Report DS -42115 by Bill Knifton, Chief Building Official, Drainage Superintendent re
Petition for Drainage
Moved by: Councillor Casier
Seconded by: Deputy Mayor Southwick
THAT Council of the Municipality of Bayham acknowledges the filing with the
Clerk of the Petition for drainage works from Kathryn DeFauw;
THAT Report DS -42115 regarding the petition for drainage and for drainage
improvement be received;
AND THAT Council wishes to proceed with this matter and appoints Spriet
Associates, Engineers, to prepare a report on the proposed drainage area pursuant
to Section 5 and Section 8(1) of the Drainage Act, for Council's consideration.
(b) Report DS -45115 by Margaret Underhill, Deputy Clerk/Planning Coordinator re
Rezoning Application — Gunstone
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT Report DS45/15 be received for information;
AND THAT Zoning By-law Z456-2003, as amended, be further amended by
changing the zoning on the lands owned by Michael Gunstone, identified as 57787
Gregson Road, from the Agricultural (Al) Zone to Agricultural [A1(h2/h3)] Zone;
AND THAT Zoning By-law Z640-2015 be presented to Council for enactment.
CARRIED\
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(c) Report DS -46115 by Margaret Underhill, Deputy Clerk/Planning Coordinator re
Development Agreement — Gunstone
Moved by: Councillor Ketchabaw
Seconded by: Councillor Casier
THAT Report DS46/15 be received for information;
AND THAT By-law 2015-082, being a By-law to authorize the execution of a
development agreement between Michael Gunstone and the Municipality of
Bayham be presented to Council for enactment.
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(d) Report DS -47115 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Site
Plan Agreement - Corinth Mennonite Church, 54519 Eden Line, North Hall
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT Report DS47/15 be received for information;
AND THAT By-law No. 2015-084, being a By-law to authorize the execution of a
Site Plan Agreement between Corinth Mennonite Church and the Municipality of
Baybam for development at the property known as 54519 Eden Line, North Hall be
presented for enactment.
CARRIED
(e) Report DS -48115 by Margaret Underhill, Deputy Clerk/Planning Coordinator re
Subdivision Agreement - Stewart / Stewart Drain No. 1
Moved by: Councillor Ketchabaw
Seconded by. Councillor Casier
THAT Report DS -48/15 be received for information;
AND THAT By-law No. 2015-083, being a By-law to authorize the execution of a
Subdivision Agreement between John David Stewart and the Municipality of
Bayham for drainage works known as Stewart Drain No. 1 be presented for
enactment.
'O10:iNI�l�7
(fl Report DS -49115 by Margaret Underhill, Deputy Clerk/Planning Coordinator re
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Consent Application E42/15 Thompson/Sykes
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT Report DS49/15 be received;
AND THAT Council recommend to the Elgin County Land Division Committee
that Consent Application E42/15, submitted by Rob Thompson and Donna Sykes,
be granted subject to the following conditions:
1. Rezoning of both the severed and retained parcels
2. purchase of civic number sign from the municipality for the retained parcel
3. planning report fee payable to the municipality
4. copy of the final survey (paper and digitally) provided to the municipality.
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(g) Report DS -50115 by Margaret Underhill Deputy Clerk/Planning Coordinator re
Consent Application E45/15 Ringland
Moved by: Councilor Ketchabaw
Seconded by: Councillor Breyer
THAT Report DS -50/15 be received;
AND THAT Council recommend to the Elgin County Land Division Committee
that Consent Application E45/15, submitted by William and Jacqueline Ringland,
be granted subject to the following conditions:
1. Rezoning of both the severed and retained parcels
2. purchase of civic number sign from the municipality for the retained parcel
3. planning report fee payable to the municipality
4. copy of the fmal survey (paper and digitally) provided to the municipality.
CARRIED
11. FINANCE AND ADMINISTRATION
1. CORRESPONDENCE
1.1 RECEIVE FOR INFORMATION
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July 16, 2015
(a) Ontario Medal for Good Citizenship nomination information
(b) Ministry of Energy re local energy planning
(c) Walk with Me Networking Event information
(d) Museums Bayham minutes of meeting held June 10, 2015
(e) Capstone Power Development re Erie Shores Wind Farm 2 Public Community Meeting
(f) Habitat for Humanity re Homeownership Program
(g) Ontario Provincial Police re Commander of the Municipal Policing Bureau
(h) Municipality of Tweed Disaster Relief Committee re fundraising campaign
(i) MSC July 2015 E -Letter
0) Youth Opportunities Fund re Expression of Interest
(k) Ontario Energy Board Notice to Customers of Union Gas Limited
A copy of the application in its entirety is available for viewing at the Municipal Office
Moved by: Councillor Ketchabaw
Seconded by: Councillor Breyer
THAT correspondence items 11.1.1(a) - 11.1.1(1;) be received for information;
AND THAT Council authorizes financial assistance in the amount of $100 to
Municipality of Tweed Disaster Relief Committee.
CARRIED
1.2 REQUIRING ACTION
2. REPORTS TO COUNCIL
(a) Report TR -11115 by Lorne James, Treasurer re Municipal Auditor Appointment
Moved by: Councillor Casier
Seconded by: Councillor Ketchabaw
THAT Staff Report TR -11-2015 be received for information;
THAT the Council of the Municipality of Bayham accept the proposal submitted by
Graham Scott Enns, LLP;
THAT Council appoint Graham Scott Enns LLP as auditors for 2015 to 2019;
AND THAT By -Law 2015-078, being a by-law to appoint a municipal auditor, be
presented to Council for enactment.
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(b) Report TR -12115 by Lorne James, Treasurer re 2016 Budget Schedule
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Ketchabaw
THAT Staff Report TR -12-2015 be received for information;
July 16, 2015
AND FURTHER THAT the proposed budget meeting dates be approved as set out
in Staff Report TR -12-2015.
CARRIED
(c) Report TR -13115 by Lorne James, Treasurer re 2015 Q2 Variance Report
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Casier
THAT Report TR -13-2015 be received for information.
CARRIED
(d) Report CAO -45115 by Paul Shipway, CAO re Marriage Officiant Services
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Casier
THAT Report CA045/15 re Marriage Officiant Services be received for
information;
AND THAT staff be directed to bring forward a by-law to appoint Marion Rogers
as a Marriage Officiant within the Municipality of Bayham for a term of three
years ending December 31, 2018;
AND THAT the CAO/Deputy Clerk be appointed as a Marriage Officiant with the
Registrar and Ministry of Consumer and Business Services.
CARRIED
(e) Report CAO -46115, by Paul Shipway, CAO re Straffordville Lions
Moved by: Councillor Casier
Seconded by: Deputy Mayor Southwick
THAT Report CA0 46/15 re Straffordville Lions be received for information;
AND THAT Council direct staff to bring forward a by-law and agreement for
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Council Minutes July 16, 2415
Facility Management Services with Jackie Ringland for Council consideration;
AND THAT Council direct staff to bring forward agreements for all accessory
structures on Municipal Land utilized by groups, organizations and private
interests for Council consideration;
AND THAT any person, entity or organization who utilizes accessory structures
on Municipal Land first enter into an agreement with the Municipality for use of
the same;
AND THAT Council direct staff to bring forward a by-law to amend By-law No.
2014-125, the Rates & Fees By-law for Council consideration.
AND THAT Council and the Municipality extend gratitude and thanks to the
Straffordville Lions for years of dedication and service to the Community.
CARRIED
(fl Report CAO -47115 by Paul Shipway, CAO re Municipal Property Surplus Eden
Community Centre Straffordville Community Centre
Moved by: Councillor Casier
Seconded by: Councillor Ketchabaw
THAT the question be divided and the recommendations be considered separately.
CARRIED
Moved by: Councillor Ketchabaw
Seconded by: Deputy Mayor Southwick
THAT Report CAO -47115 re Municipal Property Surplus be received for
information;
AND THAT the Council of the Corporation of the Municipality of Bayham declare
Part 1, on the yet to be registered plan, being the Eden Community Centre surplus
to the needs of the Municipality for the purpose of sale;
AND THAT the Municipality provide 25 days of notice for submission of comments
and offers to purchase commencing at such time as the plans are formally
registered and notice erected;
AND THAT staff be directed to get additional quote information.
CARRIED
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Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT Report CA0 47/15 re Municipal Property Surplus be received for
information;
THAT the Council of the Corporation of the Municipality of Bayham declare Part
1, on the yet to be registered plan, being the Straffordville Community Centre
surplus to the needs of the Municipality for the purpose of sale;
AND That the Municipality provide 25 days of notice for submission of comments
and offers to purchase commencing at such time as the plans are formally
registered and notice erected.
CARRIED
(g) Report CAO -48/15 by Paul Shipway, CAO re Port Burwell Library - Gazebo
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Ketchabaw
THAT Report CAO -48/15 re Port Burwell Library - Gazebo be received for
information;
AND THAT staff be directed to conduct a request for quotations for the
replacement of the roofs of the Port Burwell Library and Gazebo.
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(h) Report CAO -50/15 by Paul Shipway, CAO re Sidewalk Inventory - Assessment
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Casier
THAT Report CAO -50/15 re Sidewalk Inventory - Assessment be received for
information;
AND THAT the Council of the Corporation of the Municipality of Bayham direct
staff to tender for replacement, leveling, jacking and grinding of sidewalks to be
completed in 2015 as budget permits;
AND THAT staff tender winter maintenance with maps as per 2014.
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(i) Report CAO -51/15 by Paul Shipway, CAO re Cenotaph
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
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Council Minutes July 16, 2015
THAT Report CAO -51115 re Cenotaph be received for information;
AND THAT staff be directed to remove the trees at the Cenotaph and replant
shrubs and greenery in the fall of 2015 or spring of 2016.
CARRIED
0) Report CAO -52115 by Paul Shipway, CAO re Advisory Boards & Committees
Moved by: Councillor Ketchabaw
Seconded by: Deputy Mayor Southwick
THAT Report CAO -52115 re Advisory Boards and Committees be received for
information;
AND THAT staff be directed to bring forward a by-law for Council consideration
to adopt the Municipality of Bayham Advisory Boards and Committee Policy,
complete with Advisory Board and Committee Terms of Reference;
AND THAT staff be directed to bring forward a By-law to appoint the persons
listed within Report CAO 52115 re Advisory Boards and Committees to the
applicable Board or Committee;
AND THAT previous appointments to Statutory Boards and Committees be
governed by the Municipality of Bayham Advisory Board and Committee Policy.
AND THAT the Council of the Corporation of the Municipality of Bayham express
gratitude to the volunteers for their time and dedication to the community.
CARRIED
12. BY-LAWS
(a) By -Law Z640-2015 Being a By-law to further amend By-law 2456-2003 (Gunstone)
(b) By -Law 2015-065 Being a Provisional By-law to provide for drainage works known
as Stewart Municipal Drain No. 1
(c) By -Law 2015-077 Being a Provisional By-law to provide for drainage works known
as the Peters Drain Branches
(d) By -Law 2015-078 Being a By-law to appoint a Municipal Auditor for the
Municipality of Bayham
(e) By -Law 2015-079 Being a By-law to authorize the execution of an employment
agreement with Marion Faith Rogers
(fl By -Law 2015-080 Being a By-law to authorize the execution of an employment
agreement between the Municipality of Bayham and Jacqueline B. Ringland for
Facility and Community Centre Management
(g) By -Law 2015-081 Being a By-law to amend By-law 2014-125 to establish and
require the payment of fees for information, services, activities and use of municipal
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July 16, 2015
property
(h) By -Law 2015-082 Being a By-law to authorize the execution of a Development
Agreement between Michael Gunstone and The Corporation of The Municipality of
Bayham
(i) By -Law 2015-083 Being a By-law to authorize the signing of a Subdivision
Agreement between John Stewart and The Corporation of The Municipality of Bayham
for Drainage Work
(j) By -Law 2015-084 Being a By-law to authorize the execution of a Site Plan
Agreement between Corinth Mennonite Church and The Corporation of The
Municipality of Bayham
(k) By -Law 2015-085 Being a By-law to establish an advisory Board and Committee
Policy
(1) By -Law 2015-086 Being a By-law to appoint Board and Committee Members
Moved by: Councillor Ketchabaw
Seconded by: Deputy Mayor Southwick
THAT Provisional By-laws 2015-065 and 2015-077 be read a first and second time
only;
THAT By4aws 2640-2015, 2015-078, 2015-079, 2015-080, 2015-081, 2015-082,.2015-
083, 2015-084, 2015-085 and 2015-086 be read a first, second and third time and
finally passed.
,tl'"I IR '
13. UNFINISHED BUSINESS
14. OTHER BUSINESS
(a). Mayor Ens initiated discussion regarding the Ontario Municipal Cycling Infrastructure
Program.
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT staff be directed to make application to the Ontario Municipal Cycling
Infrastructure Program for the Rail Trail Development in an amount not to exceed
$100,000 Municipal contribution.
CARRIED
(b) In Camera
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
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July 16, 2015
THAT the Council do now rise to enter into an "In Camera" Session of Committee
of the Whole at 10:28 p.m. to discuss:
• a proposed or pending acquisition or disposition of land by the municipality or
local board;
• advice that is subject to solicitor -client privilege, including communications
necessary for that purpose
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.
(c) Closed session regarding a proposed or pending acquisition or disposition of land by
the municipality or local board, advice that is subject to solicitor -client privilege,
including communications necessary for that purpose, personal matters about an
identifiable individual, including municipal or local board employees and litigation or
potential litigation, including matters before administrative tribunals, affecting the
municipality or local board
(d) Out of Camera
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT the Committee of the Whole do now rise from the "in Camera" session at
11:03 p.m.
CARRIED
15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
(a) By -Law 2015-087 Being a By-law to confirm all actions of Council
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Ketchabaw
THAT confirming By-law 2015-087 be read a first, second and third time and
finally passed.
CARRIED
16. ADJOURNMENT
(a) Adjournment
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Council Minutes July 16, 2015
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Ketchabaw
THAT the Council meeting be adjourned at 11:05 p.m.
CARRIED
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