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HomeMy WebLinkAboutDecember 17, 2015 - Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 9344 Plank Road, Straffordville, ON Council Chambers Thursday, December 17, 2015 - 7:00 p.m. PUBLIC MEETING — Planning /Zoning 7:42 p.m. -Wells PUBLIC MEETING — Planning /Zoning 7:44 p.m. - Country View Estates —A & E Peters The regular meeting of the Council of the Municipality of Bayham was held on Thursday, December 17, 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 Deputy Clerk/Planning Coordinator Margaret Underhill. 1. CALLTO ORDER Mayor Ens called the meeting to order at 7:00 PM 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA A. Report CAO 94/15 re RFT 15-08 Surplus Equipment be added as Item 11.2-F B. Town of Tillsonburg re Maintenance of Bayham Drive be added as item 9.1.2 A C. By-Law 2015-128 be added as Item 12 D 4. ANNOUNCEMENTS a. Councillor Breyer informed Council of the Christmas Wish Tree at the Bayham Family Table where the public can assist in ensuring all children within Bayham have a happy holiday season with the assistance of community members through the provision of gifts for those without. 5. DELEGATIONS 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular meeting of Council held December 3, 2015 Moved by: Deputy Mayor Southwick Seconded by: Councillor Ketchabaw THAT the minutes of the regular meeting held December 3, 2015 be adopted. CARRIED 7. MOTIONS AND NOTICE OF MOTION 2015 Council Agenda December 17, 2015 8. RECREATION, CUSTURE, TOURISM AND EDONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES — EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action A. Town of Tillsonburg re Maintenance of Bayham Drive Moved by: Councillor Casier Seconded by: Councillor Breyer THAT Town of Tillsonburg correspondence re Maintenance of Bayham Drive be received for information; AND THAT staff be directed to bring forward a by-law to authorize the execution of a Boundary Road Maintenance Agreement with the Town of Tillsonburg. CARRIED 9.2 Reports to Council 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Public Meeting re Wells Proposed Zoning By-Law Amendment B. Notice of Public Meeting re Country View Estates (Peters) Draft Plan of Subdivision Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT correspondence items 10.1.1 A-B be received for information. CARRIED 2015 Council Minutes December 17, 2015 10.1.2 Requiring Action A. Elgin-St. Thomas Healthy Communities Partnership re Outdoor Ice Rinks Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT the Municipality of Bayham partner with Elgin-St.Thomas Healthy Communities Partners to offer a volunteer coordinated outdoor ice rink in the Municipality of Bayham; AND THAT the Municipality of Bayham recognizes they will be responsible for the liability insurance, assisting with identification of volunteers and provision of a location for the rink. AND THAT the rink be located at the Port Burwell Tennis Court; AND THAT water be provided by the Municipality of Bayham Fire Department; AND THAT staff be directed to place a call for volunteers to undergo training and maintain the rink. CARRIED 10.2 Reports to Council A. Report DS-73/15 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Consent Application E122/15 Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT Report DS-73/15 be received for information; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E122/15, being a resubmission of Consent Application E65/13, submitted by 571515 Ontario Inc., be granted subject to the following conditions: 1. copy of the final survey (paper and digital) be provided to the municipality 2. Letter of Undertaking providing for the merger of the severed parcel with adjacent parcel as per the consent application CARRIED 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information 2015 Council Minutes December 17, 2015 A. Ministry of Energy re the Energy Statute Law Amendment Act, 2015 (Bill 135) B. Capstone Power Development re Update on the IESO's Large Renewable Procurement 1 (LRP I) and the Erie Shores Wind Farm 2 proposal C. MSC E-Letter D. United Way News Letter E. Long Point Region Conservation Authority Board of Directors Minutes of meeting held November 4, 2015 F. Ontario Energy Board notice to NRG customers G. Township of Montague re Bill 100, Supporting Ontario Trails Act H. 2016 Budget Open House Notice Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT correspondence items 11.1.1 A-H be received for information. CARRIED 11.1.2 Requiring Action A. Otter Valley Naturalists request Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT the Otter Valley Naturalists request be received for information; AND THAT Council of the Corporation of the Municipality of Bayham approve installation of the snow fence as requested; AND THAT the request for installation of a public bench be forwarded to the Harbourfront Committee for review and comment to be returned to Council. CARRIED B. Harbourfront Committee Resolution for Council Consideration Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT Harbourfront Committee Resolution be received for information; AND THAT Council require all beach related works and improvements be coordinated and approved by Council; 2015 Council Minutes December 17, 2015 AND THAT at the discretion of Council matters will be referred to the Harbourfront Committee for review and comment to be returned to Council. CARRIED C. Elgin County resolution re property tax assessment appeal process Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT the Council of the Municipality of Bayham supports the process for the County of Elgin Treasurer to take the lead role in managing the consulting firms during the property tax assessment appeal process and bill the local municipality 50% of the incurred appeal costs. CARRIED D. Long Point Region Conservation Authority re 2016 Draft LPRCA Budget Moved by: Councillor Breyer Seconded: Deputy Mayor Southwick THAT the Long Point Region Conservation Authority 2016 Draft LPRCA Budget be received for information; AND THAT Council provide staff direction to send correspondence to LPRCA outlining the following comments on the proposed budget: i. That the Municipality request the levy be lowered; ii. That LPRCA staff determine if capital projects can be deferred to lower the levy; iii. That LPRCA continue to explore all projects to lower the overall levy. CARRIED 11.2 Reports to Council A. Report CAO-89/15 by Paul Shipway, CAO re 2016 Insurance Renewal Moved by: Councillor Breyer Seconded by: Councillor Casier THAT Report CAO-89/15 re 2016 Insurance Renewal, as amended, be received for information. AND THAT the 2016 Municipal insurance program be obtained from Frank Cowan Company Limited in accordance with the offer to renew dated November 24, 2015, at a total premium of$111,241 plus applicable taxes; 2015 Council Minutes December 17, 2015 AND THAT staff be directed to amend the Council `Accident Coverage'. CARRIED B. Report CAO-90/15 by Paul Shipway, CAO re Bill 8 —Accountability & Transparency Act Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT Report CAO-90/15 re Bill 8 —Accountability & Transparency Act be received for information. AND THAT Council direct staff to continue to review and implement written policies that will adhere to the requirements in Bill 8 the Public Sector and MPP Accountability and Transparency Act, 2014; AND THAT Council direct staff to bring forward a Closed Meeting Investigator By- law for Council consideration; AND THAT Mr. John Maddux continue as Municipality of Bayham Closed Meeting Investigator until such time as By-law No. 2007-093 is repealed in its entirety. CARRIED C. Report CAO-91/15 by Paul Shipway, CAO re Renewable Energy Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT Report CAO-91/15 re Renewable Energy be received for information. AND THAT staff be directed to negotiate a draft renewable energy agreement for Council consideration; AND THAT staff be directed to bring back a report, following the draft agreement, outlining steps to move forward with potential renewable energy projects. CARRIED D. Report CAO-92/15 by Paul Shipway, CAO re Community Energy Plan — FCM Milestones Framework Moved by: Councillor Casier Seconded by: Councillor Breyer THAT Report CAO-92/15 re Community Energy Plan — FCM Milestones Framework be received for information. 2015 Council Minutes December 17, 2015 AND THAT staff be directed to further investigate a combined Community Energy Plan — FCM Milestones Framework and report back to Council with potential costing and a plan forward. CARRIED E. Report CAO-93/15 by Paul Shipway, CAO re Winter Operations Plan — Level of Service Carried by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT Report CAO-93/15 re Winter Operations Plan — Level of Service be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham approve the Municipality of Bayham Winter Operations Plan — Level of Service Policy attached hereto as Appendix `A'; AND THAT Council direct staff to bring forward a by-law to repeal By-law No 2009-047 in its entirety. CARRIED F. Report CAO 94/15 by Paul shipway, CAO re RFT 15-08 Surplus Equipment Carried by: Councillor Casier Seconded by: Councillor Breyer THAT Report CAO 94/15 re RFT 15-08 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 the 8FT Slide in Sander with Motor not be awarded as the bid amount is insufficient. 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 the Public Works Equipment Reserve; AND THAT staff be given delegated authority to surplus the remaining equipment at the sole discretion of the Roads Operations Supervisor. CARRIED 2015 Council Minutes December 17, 2015 12. BY-LAWS A. By-Law 2015-123 Being a By-law to establish a Policy Respecting Municipal Closed Meeting Investigations B. By-Law 2015-125 Being a By-law to repeal By-law 2009-047 establishing a policy for Winter Control for the Municipality of Bayham C. By-Law 2015-126 Being a By-law to assume and establish lands in the Municipality of Bayham as part of the Open Public Highway System (Creek Road) D. By-Law 2015-128 Being a By-law to authorize the execution of a Boundary Road Agreement between the Town of Tillsonburg and the Municipality of Bayham Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT By-Laws 2015-123, 2015-125, 2015-126 and 2015-128 be read a first, second and third time and finally passed. CARRIED 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole at 8:45 p.m. to discuss: • 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 • A proposed or pending acquisition or disposition of land by the municipality or local board CARRIED A. Confidential Item regarding litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board (Ojibwa) B. Confidential item regarding advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Edison Museum) 2015 Council December 17, 2015 C. Confidential Item regarding a proposed or pending acquisition or disposition of land by the municipality or local board (Eden Community Centre); 14.2 Out of Camera Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT the Committee of the Whole do now rise from the "In Camera" session at 9:23 p.m. with nothing to report CARRIED 14.3 Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT the Council of the Corporation of the Municipality of Bayham call a closed Council Education Session on Wednesday January 20, 2016 at 6:00 p.m. at the Municipal Office a 9344 Plank Rd, Straffordville, ON for the general purpose of receiving and being educated upon matters pertaining to the Straffordville Community Centre. CARRIED 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A By-Law 2015-127 Being a By-law to confirm all actions of Council Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT confirming By-Law 2015-127 be read a first, second and third time and finally passed. CARRIED 16 ADJOURNMENT Moved by: Councillor Casier Carried by: Councillor Breyer THAT the • • - : •'L•Jurred at 9:28 p.m. CL' ' ' MAYO`'