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Home My WebLink AboutSeptember 03, 2015 - Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 9344 Plank Road, Straffordville, ON Council Chambers Thursday, September 3, 2015 7:00 p.m. 6:30 p.m. - Committee of Adjustment 6:30 p.m. - In Camera (following Committee of Adjustment) The regular meeting of the Council of the Municipality of Bayham was held on Thursday, September 3, 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 Chief Building Official/Drainage Superintendent Bill Knifton 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. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF (a) Mayor Ens declared an interest in item 11.2(c); (b) Councillor Breyer declared an interest in 11.1.2(b) 3. REVIEW OF ITEMS NOT LISTED ON AGENDA (a) Report CAO-71/15 by Paul Shipway, CAO re Surplus Equipment was added as Item 11.2(c). 4. ANNOUNCEMENTS (a) Mayor Ens announced that Councillor Casier was the winner of the Watermelon Fest seed spitting contest for the second year in a row. Mayor Ens, on behalf of Council, expressed a thank you to all who attended making the 2015 event a great success. 5. DELEGATIONS (a) 7:05 p.m. - Long Point Region Conservation Authority General Manager, Cliff Evanitski re Conservation Authorities Act Review Cliff Evanitski, Long Point Region Conservation Authority General Manger presented information regarding the Conservation Authorities Act Review noting key priorities which include a review of the funding model. Page 1 of 9 Council Minutes September 03, 2015 Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT presentation by Cliff Evanitski, Long Point Region Conservation Authority General Manger re Conservation Authorities Act Review be received for information. CARRIED 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) (a) Regular meeting of Council held August 20, 2015 Public Meeting Stewart Municipal Drain No. 1 held August 20, 2015 Public Meeting Peters Drain Branches held August 20, 2015 Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT the minutes of the regular meeting of Council held August 20, 2015, the Stewart Municipal Drain public meeting held August 20, 2015 and the Peters Drain Branches public meeting held August 20, 2015 be adopted. CARRIED 7. MOTIONS AND NOTICE OF MOTION 8. 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 1. CORRESPONDENCE 1.1 RECEIVE FOR INFORMATION 1.2 REQUIRING ACTION 2. REPORTS TO COUNCIL (a) Report BL-03/15 by Randy White re Prohibited Animal By-law Exemption Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT Report BL-03/15 be received for information; AND THAT Council grants an exemption to the Prohibited Animal By-Law for Marisa Zilli, allowing her to keep the species Philander Opossum as part of her business and educational work. CARRIED Page 2 of 9 Council Minutes September 03, 2015 10. DEVELOPMENT SERVICES - SUSTAINABILITY AND CONSERVATION 1. CORRESPONDENCE 1.1 RECEIVE FOR INFORMATION (a) Notice of Public Meeting concerning a proposed minor variance application submitted by S. & D. Patten (b) Committee of Adjustment Certified Notice of Decision re A-04/15 Sandra Hesch (c) Notice of public meetings concerning zoning Ringland Thompson/Sykes Moved by: Councillor Breyer Seconded by: Deputy Mayor Southwick THAT correspondence items 10.1.1(a) - 10.1.1(c) be received for information. CARRIED 1.2 REQUIRING ACTION 2. REPORTS TO COUNCIL (a) Report DS-59/15 by Bill Knifton, Chief Building Official, Drainage Superintendent re Peters Drain Branches Award Contract Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT Staff Report DS-59/15 be received; THAT Council accept the tender for provision of drainage works set out in the Form of Tender for the Peters Drain Branches Municipal Drain, as submitted by PBR Excavating Inc. in the amount of$47,544.20 (plus HST) with work to commence on after October 5, 2015 and to complete work on or before October 16, 2015. AND THAT By-Law 2015-096 authorizing the execution of contract documents be presented to Council for enactment. CARRIED 11. FINANCE AND ADMINISTRATION 1. CORRESPONDENCE Page 3 of 9 Council Minutes September 03, 2015 1.1 RECEIVE FOR INFORMATION (a) Federal Economic Development Agency for Southern Ontario re CIP150 Project #807488 - Rehabilitation of Straffordville Community Centre (b) Notice of Public Information Centre#3 West London Dyke Master Repair Plan (c) AMO Communication re Policing Update Minister Announces Consultations on a New Legislative Framework (d) AMO Policy Update re Municipal POA Courts Cost Recovery Ministry of the Attorney General Announces 50% Increases (e) Minister of the Environment and Climate Change re Great Lakes Guardian Community Fund grant (f) Township of Hamilton re Bill 100 officially titled the Supporting Ontario Trails Act (g) Museums Bayham minutes of meeting held August 12, 2015 (h) The Ontario Aggregate Resources Corporation re 2015 Annual Report (i) Municipal Facility Surplus Comments Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT correspondence items 11.1.1(a) - 11.1.1(i) be received for information; AND THAT staff forward a copy of Item 11.1.1(e) to the Otter Valley Naturalists. CARRIED 1.2 REQUIRING ACTION (a) Event Road Closure Request Form re Remembrance Day Parade & Service Moved by: Councillor Breyer Seconded by: Deputy Mayor Southwick THAT the Council of the Municipality of Bayham approves the request by the Royal Canadian Legion Branch 524 Port Burwell for permission to use the streets within Port Burwell for the Remembrance Day Parade to be held Sunday, November 8, 2015 at 2:00 p.m., subject to the provision of proof of liability insurance coverage in the amount of$2 million; THAT Wellington, Robinson and Pitt Streets, from the Legion to the Cenotaph, be temporarily closed during the parade between 2:00 p.m. and 2:30 p.m.; THAT the County of Elgin be requested to approve use of Wellington Street from Victoria to Robinson; AND THAT the Bayham Public Works Manager be directed to provide the necessary provisions for traffic control and safety. CARRIED Page 4 of 9 Council Minutes September 03, 2015 (b) Event Road Closure Request Form re Santa Claus Parade Councillor Breyer vacated the Council Chambers during discussion and resolution. Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT the Council of the Municipality of Bayham approves the request by Bayham's Family Table to use streets within Port Burwell for a Santa Claus Parade to be held Saturday, December 5, 2015 at 6:00 p.m., subject to provision of insurance certificate naming the Municipality of Bayham as an additional insured in the minimum amount of$2,000,000.00; AND THAT the County of Elgin be requested for permission to use Wellington Street in Port Burwell between 6:00 p.m. and 7:30 p.m. for the parade; AND THAT the Bayham Public Works Manager be directed to provide the necessary provisions for traffic control and safety. CARRIED 2. REPORTS TO COUNCIL (a) Report CAO-54/15 by Paul Shipway, CAO re Vienna Community Centre - Tender Results Moved by: Councillor Ketchabaw Seconded by: Councillor Breyer THAT Report CAO-54/15 be tabled for further discussion. CARRIED Moved by: Councillor Breyer Seconded by: Councillor Ketchabaw THAT Report CAO-54/15 be lifted from the table. CARRIED Moved by: Councillor Breyer Seconded by: Councillor Casier THAT staff be directed to return the $50,000 grant from the Enabling Accessibility Fund for the Vienna Community Centre to Human Resources and Skills Development Canada. CARRIED Page 5 of 9 Council Minutes September 03, 2015 Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT Report CAO-54/15 re Vienna Community Centre Tender Results be received for information; AND THAT By-law 2015-088 being a by-law to enter into a construction agreement with Grassmere Construction Ltd. be received for information. CARRIED (b) Report CAO-70/15 by Paul Shipway, CAO re 2016 Garbage Bag Tags Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT Report CAO-70/15 re 2016 Garbage Bag Tags be received for information; AND THAT By-law 2012-029 be amended to provide 1 bag tag per week to residential properties and the other classes be proportionally reduced, being Residential 52 tags, Commercial 86 tags and Farm an additional 16 tags. CARRIED (c) Report CAO-71/15 by Paul Shipway, CAO re Surplus Equipment Mayor Ens vacated Council Chambers during discussion and resolution and Deputy Mayor Southwick assumed the Chair. Moved by: Councillor Casier Seconded by: Councillor Breyer THAT Report CAO-71/15 re Surplus Equipment be received for information; AND THAT Staff be directed to award surplus equipment to the highest individual bidder on each piece of equipment in the 'as is, where is' condition; AND THAT if the high bidder does not complete the transaction staff be delegated authority to award or not award the same to the next highest bidder in the 'as is where is' condition. AND THAT the proceeds of sale be allocated to Public Works Equipment repairs to be completed in 2015; AND THAT any remaining proceeds from sale be allocated to the Public Works Equipment Reserve. CARRIED Page 6 of 9 Council Minutes September 03, 2015 12. BY-LAWS (a) By-Law 2015-065 Being a Provisional By-law to provide for Drainage Works known as the Stewart Municipal Drain No. 1 (Third Reading only) (b) By-Law 2015-077 Being a Provisional By-law to provide for Drainage Works known as the Peters Drain Branches (Third Reading only) Moved by: Councillor Breyer Seconded by: Councillor Casier THAT Provisional By-laws 2015-065 and 2015-077 be read a third time and finally passed. CARRIED (c) By-Law 2015-096 Being a By-law to authorize the Mayor and Clerk to execute an agreement with PBR Excavating Inc. for provision of Drainage Works for the Peters Drain Branches Municipal Drain Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT By-law 2015-096 be read a first, second and third time and finally passed. CARRIED 13. UNFINISHED BUSINESS 14. OTHER BUSINESS (a) In Camera Moved by: Councillor Ketchabaw Seconded by: Councillor Breyer THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole at 6:39 p.m. to discuss: • personal matters about an identifiable individual, including municipal or local board employees; • proposed or pending acquisition or disposition of land by the municipality or local board. CARRIED (b) Closed Session regarding personal matters about an identifiable individual, including municipal or local board employees and proposed or pending acquisition or disposition of land by the municipality or local board. Page 7 of 9 Council Minutes September 03, 2015 (c) Out of Camera Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT the Committee of the Whole do now rise from the "In Camera" session at 7:00 p.m. CARRIED (d) In Camera Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole at 7:48 p.m. to discuss: 'personal matters about an identifiable individual, including municipal or local board employees; 'proposed or pending acquisition or disposition of land by the municipality or local board. CARRIED - (e) Closed Session regarding personal matters about an identifiable individual, including municipal or local board employees and proposed or pending acquisition or disposition of land by the municipality or local board. (f) 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 9:46 p.m. with progress to report. CARRIED Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer That Staff be directed to negotiate a potential agreement of purchase and sale of the Straffordville Community Centre with the Straffordville Evangelical Mennonite Church and report back to Council for consideration. Mayor Ens requested a recorded vote In Favour Opposed Councillor Breyer Councillor Casier Deputy Mayor Southwick Councillor Ketchabaw Mayor Ens MOTION CARRIED ON A RECORDED VOTE OF 3 - 2 IN FAVOUR Page 8 of 9 Council Minutes September 03, 2015 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL (a) By-Law 2015-097 Being a By-law to confirm all actions of Council Mayor Ens vacated the Council Chambers and Councillor Breyer assumed the Chair. Moved by: Deputy Mayor Southwick Seconded by: Councillor Ketchabaw THAT confirming By-law 2015-097 be read a first, second and third time and finally passed. CARRIED 16. ADJOURNMENT (a) Adjournment Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT the Council meeting be adjourned at 10:01 p.m. CARRIED • AYOR CLER Page 9 of 9 it I I. f