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HomeMy WebLinkAboutApril 17, 2014 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville, ON Council Chambers Thursday, April 17, 2014 7:00 p.m. 7:30 p.m. - Public Meeting- Planning (Zoning) 8:00 p.m. -Public Meeting -Drainage The regular meeting of the Council of the Municipality of Bayham was held on Thursday, April 17, 2014 in the Council Chambers. Present were Mayor Paul Ens, Deputy Mayor Cliff Evanitski, Councillors Wayne Casier, Tom Southwick and Ed Ketchabaw, Acting Administrator /Treasurer Sharon Larmour and Clerk Lynda Millard. Planning Coordinator/Deputy Clerk Margaret Underhill, Public Works Manager Vance Czerwinski and Chief Building Official /Drainage Superintendent Bill Knifton were in attendance to present their respective reports. Former Treasurer David Aristone was in attendance to present Staff Report 9(f). 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 Deputy Mayor Evanitski advised of a conflict regarding item 7(c) as he is related to the property owner. 3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS (a) Minutes of the special meeting of Council held March 28, 2014. 2014-184 Moved by: Councillor E Ketchabaw Seconded by: Councillor T Southwick "THAT the minutes of the special meeting of Council held March 28, 2014 be approved as circulated." CARRIED UNANIMOUSLY (b) Minutes of the regular meeting of Council held April 3, 2014. 2014-185 Moved by: Councillor E Ketchabaw Seconded by: Councillor T Southwick "THAT the minutes of the regular meeting held April 3, 2014 be approved as circulated." CARRIED UNANIMOUSLY Page 1 of 17 Council Minutes April 17, 2014 (c) Added Item(s) 2014-186 Moved by: Councillor E Ketchabaw Seconded by: Councillor T Southwick "THAT in accordance with Section 21 of Procedural By-law 2002-93, Staff Report E2014-11 and Memorandum C2014-12 be added to the agenda as items 9(n) and 9(o) respectively." CARRIED UNANIMOUSLY 4. DELEGATIONS, STATEMENTS AND UPDATES 1. DELEGATIONS -None 2. STATEMENTS BY COUNCIL -None 3. UPDATES ON PROJECTS (a) Harbour Divestiture No update. 5. INFORMATION ITEMS (a) Correspondence dated April 1, 2014 from Association of Municipalities Ontario regarding "AMO's Interest Arbitration Update". File: A01 (b) Correspondence dated April 2, 2014 from Association of Municipalities Ontario regarding "Bill 69, The Prompt Payment Act Put Aside; Government Announces Construction Liens Act Review". File: A01 (c) Correspondence from County of Elgin regarding "International Plowing Match Legacy Agricultural Scholarship". File: A16 Councillor Ketchabaw requested that this item be placed on the Municipal website. Ms. Larmour responded that it already had been. (d) Long Point Region Conservation Authority minutes of annual general meeting held February 28, 2014. File: C06 (e) Copy of correspondence dated March 26, 2014 to Premier Kathleen Wynne from Town of Penetanguishene regarding "Call for a Review of Funding for Small Town Ontario Schools". File: C10 (f) Copy of correspondence dated April 1, 2014 to Premier Kathleen Wynne from Town of Minto regarding "Hydro Rates". File: C10 (g) Copy of correspondence dated April 14, 2014 to Niagara Region from Township of Wainfleet regarding "Motion for Support- Long Term Energy Plan". File: C10 (h) Copy of correspondence dated April 8, 2014 to Premier Kathleen Wynne from Town of Petrolia regarding "Long Term Energy Plan". File: C10 Page 2 of 17 Council Minutes April 17, 2014 (i) Correspondence dated March 27, 2014 from Port Burwell Historical Society regarding "Celebrate Canada Day July 1, 2014". File: C13 6) New Release regarding "Wanted: Producers to supply product to the SCOR Food Hub". File: D02 Councillor Casier requested that this item be added to the Municipal website. (k) Correspondence dated April 11, 2014 from South Central Ontario Region Economic Development Corporation regarding "SCOR EDC Successful with RED Investment". File: D02 (1) Correspondence dated March 24, 2014 from Minister Responsible for Seniors Affairs regarding "Senior's Month". File: M02 (m) 2014 Ojibwa schedule. File: D06 (n) Clean Farms News Release regarding "Empty seed bag and pesticide bag pilot program returns to Ontario". File: M06 (o) Copy of correspondence dated March 25, 2014 to Mayor John Lessif from Ministry of Community Safety and Correctional Services regarding "OPP Billing Model". File: P17 (p) Correspondence dated April 14, 2014 from OPP News Portal regarding "Spring Has Sprung - Drive Safe". File: M06 (q) Poster advertising Edison Fest, June 7, 2014 from 9am - 6pm at Vienna Memorial Park. 2014-187 Moved by: Councillor E Ketchabaw Seconded by: Councillor T Southwick "THAT information items 5(a) through 5(q) be received for information." CARRIED UNANIMOUSLY 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 1. CORRESPONDENCE AND REPORTS 2. PUBLIC MEETING 2014-188 Moved by: Councillor E Ketchabaw Seconded by: Councillor T Southwick "THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Planning Act." CARRIED UNANIMOUSLY Page 3 of 17 Council Minutes April 17, 2014 PUBLIC MEETING 7:30 p.m. - Official Plan Amendment & Rezoning Application-to change the land use designation on a parcel of land from the "Agricultural" designation to the "Industrial" designation in the Official Plan and to change the zoning on the same parcel of land from the Agricultural (Al) Zone to a site-specific Farm Industrial (M1- 4) Zone submitted by Froese Vegetables Inc. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. STAFF PRESENTATION Staff Report D2014-05 regarding "Froese Official Plan Amendment& Rezoning". File: D 14.FROE/D09.FROE The Planning Co-ordinator advised that the applications for Official Plan and Zoning By-law Amendments are required for a 6 acre consent granted by the County of Elgin Land Division Committee for property purchased by Max Underhill Farm Supply Ltd. from the abutting landowner. She noted that there is no change for access from the County Road, nor is there any need to expand services. She added that the Official Plan Amendment must be completed with the County before the Zoning By-law Amendment is finalized. PUBLIC COMMENTS The Planning consultant, Sam Head of Kitchener, advised that he was representing both property owners regarding the property acquisition and amendments to the zoning and Official Plan and is supportive of the recommendation of staff There were no other public concerns or comments received. COUNCIL COMMENTS Deputy Mayor Evanitski congratulated both property owners for their investment in the community and for working together to support each others efforts. Councillor Casier appreciated the positive comments received from the County. Councillor Southwick also supported the expansion of Industrial use in this location. Councillor Ketchabaw was supportive that the application is in compliance with the Provincial Policy Statements permitting changes from Agricultural to Industrial use. Mayor Ens noted appreciation that each application is site specific and considered independently. He also supported the expansion. Page 4 of 17 Council Minutes April 17, 2014 ADJOURNMENT 2014-189 Moved by: Councillor T Southwick Seconded by: Councillor E Ketchabaw "THAT the Public Meeting be adjourned and the Council meeting be reconvened at 7:45 p.m." CARRIED UNANIMOUSLY DISPOSITION OF ITEM 2014-190 Moved by: Councillor T Southwick Seconded by: Councillor E Ketchabaw "THAT Staff Report D2014-05 regarding the Froese Vegetables Inc./Max Underhill's Farm Supply Limited Official Plan Amendment and Rezoning be received; THAT Official Plan Amendment No. 11 regarding lands designated "Agricultural" being changed to "Industrial" in the Municipality of Bayham Official Plan be adopted and forwarded to the County of Elgin for approval; THAT By-law 2014-039, being an approval by-law for Official Plan Amendment No. 11, be presented to Council for enactment; THAT subject to the County of Elgin approval of the Official Plan Amendment No. 11 that Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the portion of the subject lands from the Agriculture (Al) Zone to the Site-Specific Farm Industrial (M1-4) Zone; AND THAT Zoning By-law Z628-2014 be presented to Council for First and Second reading." CARRIED UNANIMOUSLY 7. ROADS,AGRICULTURE & DRAINAGE 1. CORRESPONDENCE & REPORTS (a) Staff Report PR2014-002 regarding "Road Closure Application - Con. 9 & 10 Lots 14 & 15". File: T09.BESTLI 2014-191 Moved by: Councillor E Ketchabaw Seconded by: Councillor W Casier "THAT staff be directed to initiate required procedures pursuant to the Municipal notice by-law to close a portion of the unopened road allowance between Concessions 9 and 10 in Lots 14 and 15, provided the applicants pay required expenses; THAT the subject lands be declared surplus to the Municipality's needs; Page 5 of 17 Council Minutes April 17, 2014 AND THAT upon closure of the road, the lands be conveyed to the applicant at the appraised value." CARRIED UNANIMOUSLY (b) Staff Report P2014-007 regarding "2014 First Quarter Report Building Services & Drainage". File: P10 2014-192 Moved by: Councillor W Casier Seconded by: Deputy Mayor C Evanitski "THAT Staff Report P2014-007 regarding information on the activities of the Building Services and Drainage Department for the first quarter of 2014 be received." CARRIED UNANIMOUSLY (c) Staff Report DR2014-003 regarding "Meuller Municipal Drain". File: E09 Deputy Mayor Evanitski had earlier declared a pecuniary interest and did not participate in discussion nor vote on the item. 2014-193 Moved by: Councillor E Ketchabaw Seconded by: Councillor W Casier "THAT Staff Report DR2014-003 regarding the Meuller Drain be received; THAT the Council of the Municipality of Bayham acknowledges the receipt of Report#211364 dated March 14, 2014 for the Meuller Municipal Drain, as prepared by Spriet Associates, and filed with the Clerk on April 1, 2014; THAT Council set a date for the Public Meeting to be held on May 1, 2014 at 8:00 p.m. to consider the Report; AND THAT Staff be directed to mail a Notice of Public Meeting and Report to all persons assessed to this drainage works, in accordance with the Drainage Act." CARRIED (d) Staff Report PW2014-11 regarding "Level of Service Standards". File: A09 Councillor Ketchabaw requested and Council supported that references to specific staff positions be changed to reflect the "Municipality" and that delineation be made between the Municipal roads and County roads in the draft document. The document is based on minimum standards as set by the Province. The document is to be placed on the Municipal website for public access and comments. Page 6 of 17 Council Minutes April 17, 2014 2014-194 Moved by: Councillor W Casier Seconded by: Deputy Mayor C Evanitski "THAT the Draft Level of Service Standards policy be approved and made available to all municipal employees and the public, as amended." CARRIED UNANIMOUSLY 2. COURT OF REVISION -DRAINAGE 2014-195 Moved by: Councillor W Casier Seconded by: Deputy Mayor C Evanitski "THAT in accordance with the provisions of the Drainage Act, the Council of the Municipality of Bayham appoints Paul Ens, Cliff Evanitski, Tom Southwick, Wayne Casier and Ed Ketchabaw to sit as members of the Court of Revision; THAT Paul Ens act as Chairman; AND THAT the Council Meeting be adjourned for the purpose of holding a Court of Revision pursuant to the provisions of the Drainage Act" CARRIED UNANIMOUSLY APPLICATION 8:00 p.m. - Court of Revision regarding the assessment of properties in regard to Engineer's Report#213216 prepared by Spriet Associates dated February 20, 2014 referred to as the Breedon Municipal Drain. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. STAFF PRESENTATION Staff Report DR2014-004 regarding "Breedon Drain Court of Revision". File: E09 Drainage Superintendent Bill Knifton noted that the construction and installation will be be fully paid by the applicant. PUBLIC COMMENTS There were no written complaints or concerns from the public. COURT MEMBER COMMENTS There were no comments from any members. Page 7 of 17 Council Minutes April 17, 2014 DISPOSITION OF ITEM 2014-196 Moved by: C Evanitski Seconded by: W Casier "THAT the Court of Revision for the Breedon Municipal Drain hereby confirms the assessments as per the Engineer's Report#213216 dated February 20, 2014." CARRIED UNANIMOUSLY ADJOURNMENT 2014-197 Moved by: W Casier Seconded by: C Evanitski "THAT the Court of Revision be adjourned and the Council meeting reconvene at 8:05 p.m." CARRIED UNANIMOUSLY 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 9. FINANCE, ADMINISTRATION & PERSONNEL (a) Cheque Register being Cheque#016424 to Cheque#016490 inclusive totaling $174,065.32 and Payroll Disbursements for the period ending March 30, 2014 totaling $55,327.80. 2014-198 Moved by: Deputy Mayor C Evanitski Seconded by: Councillor T Southwick "THAT Cheque Register being Cheque#016424 to Cheque#016490 inclusive totaling $174,065.32 and Payroll Disbursements for the period ending March 30, 2014 totaling$55,327.80 be approved." CARRIED UNANIMOUSLY (b) Correspondence dated February 15, 2014 from Ben Reddekopp requesting use of Straffordville baseball diamond.(deferred from meetings held February 20 and April 3, 2014) File: C13 2014-199 Moved by: Councillor W Casier Seconded by: Deputy Mayor C Evanitski "THAT correspondence from Ben Reddekopp dated February 15, 2014 be received; AND THAT permission be granted to use the Straffordville Ball Diamond every Friday during the hours of 7:00 p.m. to approximately 9:00 p.m. from early spring and late fall (dates to be determined) subject to: • provision of proof of liability insurance naming the Municipality of Bayham as an additional insured, in the minimum amount of$2 million; Page 8 of 17 Council Minutes April 17, 2014 • a fee $10.00 be paid to the Municipality for each use of the lights; • clean up and repair of any damage to the ball park area be the responsibility of the organizers; • restrictions apply on August 22 and 23, 2014 in regard to Watermelon Fest preparation and activities; • and as restrictions may apply to other scheduled events." CARRIED UNANIMOUSLY (c) Correspondence dated April 10, 2014 from Randy Breyer regarding "Farmer's Market". File: C13 Council was concerned that, should a farmers' market proceed, it not compete with local businesses, vehicles be restricted from driving across the park, clean-up of the park be the responsibility of the users. Staff was directed to develop user guidelines, as appropriate. It was suggested that a formal proposal be submitted to Council for further consideration. 2014-200 Moved by: Councillor T Southwick Seconded by: Councillor E Ketchabaw "THAT Council supports, in principle, the request for a Farmers Market in the Vienna Memorial Park every Friday and Saturday during the growing season." CARRIED UNANIMOUSLY (d) Correspondence dated April 9, 2014 from Susan Burrett and William Pickells requesting use of Port Burwell Memorial Park. 2014-201 Moved by: Councillor T Southwick Seconded by: Deputy Mayor C Evanitski "THAT the correspondence dated April 9, 2014 from Susan Burrett and William Pickells be received; THAT permission be granted to use the Memorial Park in Port Burwell in regard to a wedding ceremony on Tuesday, July 1, 2014 between 2:00 p.m. and 12:00 a.m. July 2, 2014 subject to: • provision of proof of liability insurance coverage naming the Municipality of Bayham as additional insured, in the minimum amount of$2 million, and • clean up and repair of any damage to the park area be the responsibility of the organizers; AND THAT the organizers encourage their guests, in advance, to use the east beach parking area for their event." CARRIED UNANIMOUSLY Page 9 of 17 Council Minutes April 17, 2014 (e) Staff Report F2014-010 regarding "GIS Parcel Realignment & Correction Proposal". File: L04.GIS The Planning Co-ordinator noted that the mapping is askew and cannot be used properly unless it is fixed. She suggested that the cost be split between planning, water/sewer and public works. Council requested confirmation whether there is an annual fee and if so,how much it will be. 2014-202 Moved by: Councillor W Casier Seconded by: Councillor E Ketchabaw "THAT Staff Report F2014-010 regarding the GIS Parcel realignment and Correction Proposal from the County of Elgin be received; THAT the Council of the Corporation of the Municipality of Bayham approves to have Elgin County enter into an agreement with Van Harten Surveying Inc. to carry out the Parcel Correction and Realignment Project; AND THAT Council agrees to fund Bayham's municipal share of the costs based on a parcel count of 3065 at$1.80 per parcel plus applicable tax." CARRIED UNANIMOUSLY (f) Staff Report F2014-09 regarding "Section 358 Reduction of Taxes". File: F22 Mr. Aristone presented the report and noted that MPAC had incorrectly assessed the property as commercial for a three-year period, all at one time, when a portion should have been assessed as residential. 2014-203 Moved by: Councillor W Casier Seconded by: Deputy Mayor C Evanitski "THAT Council approves the submission of an application under Section 358 of the Municipal Act, to the Municipal Property Assessment Corporation, to address the circumstance outlined in Report No. F2014-09." CARRIED UNANIMOUSLY (g) Staff Report PW2014-12 regarding "Washroom & Change Room Cleaning Services Request for Quotation". File: F18 Council was concerned that the applicants were not requested to provide references, proof of WSIB and liability coverage or related experience with their submissions. The Public Works Manager responded yes to the question of whether there is a clause in the agreement to terminate the agreement if the work is not done satisfactorily. Page 10 of 17 Council Minutes April 17, 2014 Council also raised concerns that the local contractor was not given consideration in the recommendation when his submission was very close to the lowest. 2014-204 Moved by: Councillor W Casier Seconded by: Deputy Mayor C Evanitski "THAT Council awards the contract for Washroom & Change Room Cleaning Services for the Port Burwell Municipal Beach to Marc Cerna at the quoted price of $10,500.00 plus H.S.T." CARRIED UNANIMOUSLY (h) Staff Report E2014-02 regarding "Richmond Water System Financing". File: E08 Acting Administrator/Treasurer Larmour explained the options Council may consider for repayment by the benefiting landowners for the costs incurred for the upgrade of the Richmond Community Water System. She noted that Council must consider repayment options, such as debentures, either through a financial facility or in-house, the length of the repayment period and the interest rate to apply. Arranging the repayment plan in- house would also allow full repayment of the outstanding balance at any time by any affected property owner. She suggested that Council go into a closed session to discuss the added item under 9(o) further as it affects the costs for specific property owners. 2014-205 Moved by: Councillor E Ketchabaw Seconded by: Councillor W Casier "THAT Staff Report E2014-02 regarding Richmond Water System Financing be received." CARRIED UNANIMOUSLY (i) Memorandum C2014-09 regarding "Bag Tags for Cemetery Board Use" and Joint Cemetery Board minutes of meeting held April 1, 2014. File: C06 2014-206 Moved by: Councillor W Casier Seconded by: Councillor E Ketchabaw "THAT Council approves the provision of garbage bag tags to the following cemeteries on an annual basis: • Straffordville 35 • Eden 20 • Calton 20 • Bayham West 20 • Guysboro 20 • Smuck 20 • Dobbie 10 • Best 10." CARRIED UNANIMOUSLY Page 11 of 17 Council Minutes April 17, 2014 (j) Memorandum C2014-10 regarding By-Laws. File: CO1 2014-207 Moved by: Councillor E Ketchabaw Seconded by: Deputy Mayor C Evanitski "THAT By-Law 2014-040, being a by-law to renew the cemetery care services agreement, be presented to Council for enactment; AND THAT By-Law 2014-041, being a by-law to amend appointments By-Law 2014-001, be presented to Council for enactment." CARRIED UNANIMOUSLY (k) Correspondence dated April 1, 2014 from Osler, Hoskin and Harcourt LLP regarding "Renewal of Franchise Agreement between Natural Resource Gas Limited and the Municipality of Bayham". File: L04 2014-208 Moved by: Councillor W Casier Seconded by: Councillor E Ketchabaw "THAT By-Law 2013-091, being a by-law to authorize a franchise agreement between the Municipality of Bayham and Natural Resource Gas Limited, be presented to Council for third reading and enactment; THAT the Mayor and Clerk be authorized to sign and execute the agreement; AND THAT the executed copies of the Agreement, along with a copy of the passed By-Law, be forwarded to Natural Resource Gas Limited for final submission to the Ontario Energy Board." CARRIED UNANIMOUSLY (1) Correspondence dated April 10, 2014 from Association of Municipalities Ontario regarding "Release of AMO OPP Billing Steering Committee's Final Report", Breaking news Report dated April 10 from AMO regarding "Advice from AMO OPP Billing Steering Committee", OPP Billing Steering Committee Report Highlights and AMO's OPP Billing Steering Committee Final Report. File: A01 Ms. Larmour advised that staff had attended the AMO recent webinar regarding the Final Report of the Steering Committee and the options that were suggested to help reduce the impact of a new OPP billing model on Ontario municipalities. She commented that the Steering Committee met their mandate in a short time-frame and came up with some very good options for the Province to consider. The report provided information that will assist the Province in dealing with the problem they created through the Fair Finance Act established in 1998 and options that could be utilized to mitigate the impact on municipalities, including no further reductions to the Page 12 of 17 Council Minutes April 17, 2014 OMPF program, a 4-year phase-in period, and new funding support for municipalities most adversely affected by a new OPP billing model. She explained that municipalities need to support the committee's report and continue pressure on the Provincial government to resolve the issue through mitigation and new funding. 2014-209 Moved by: Councillor E Ketchabaw Seconded by: Councillor W Casier "THAT correspondence regarding the release of the AMO OPP Billing Steering Committee's Final Report and Highlights dated April 10, 2014 be received for information; THAT Council support the AMO Steering Committee Report; AND THAT the province provide mitigation and transition funding, as identified in the report." CARRIED UNANIMOUSLY (m) Correspondence dated March 25, 2014 from Ministry of Community Safety and Correctional Services regarding "OPP Billing Model". (deferred from meeting held April 3, 2014) File: P 17.OPP Council commended Councillor Southwick for the letter that he had compiled and also submitted to the media. Members felt the media coverage will achieve more positive results than circulating the letter to Provincial politicians and Ontario Municipalities. (n) Staff Report E2014-11 regarding "Household Hazardouse Waste, Electronics and Large Item Drop-off Day". File: E07.HAZA The acting Administrator advised that staff had met regarding the large item drop-off day and recommended Council consider a small fee of$10 per vehicle at the drop-off, to recoup some of the costs of the collection. Council voiced their concerns with the short time available to make the change known to the public and raised concerns that the implementation of a fee, even if nominal, may result in more waste being dumped on local back roads and in gullies. Opinion was that everyone benefits from keeping the garbage out of the ditches however, Council may want to consider implementing a small user pay fee for next year. 2014-210 Moved by: Councillor W Casier Seconded by: Councillor E Ketchabaw Page 13 of 17 Council Minutes April 17, 2014 "THAT Council implements a user fee of$10.00 per vehicle at the gate for the Household Hazardous Waste/Electronics and Large Item Drop off Day being held on May 24, 2014." MOTION DEFEATED (o) Memorandum C2014-12 regarding "Recovery of Costs for the Richmond Water System." File: F08 Ms. Larmour advised Council that notices had gone out to the Richmond Community Water System users for the upcoming open house scheduled for Saturday April 26th at the pumping station. Plans are also underway for a Public meeting in Richmond for property owners and users of the upgraded water system in early May. The costs of the installation of the system are being reviewed and a by-law will be required to authorize recovery of the costs incurred, impose interest charges and collect payments on an annual basis. She noted that there cannot be multiple choices for repayment and options must be clear and consistent. The selected choices must provide the ability to make adjustments,be affordable,be repaid within a reasonable time period and have the option to payout at any time. This item was further discussed in closed session. Please refer to item 11(g) for the resolution passed following the closed session. 10. ENVIRONMENT (a) Correspondence dated March 28, 2014 from Elgin Area Primary Water Supply System regarding "Elgin Area Primary Water Supply System 2013 Compliance Report". (full report available at hup://www.watersupply.london.ca/reports.html) File: E08 2014-211 Moved by: Councillor E Ketchabaw Seconded by: Councillor T Southwick "THAT Elgin Area Primary Water Supply System 2013 Compliance Report be received for information." CARRIED UNANIMOUSLY 11. COMMITTEE OF THE WHOLE (a) In Camera. 2014-212 Moved by: Councillor T Southwick Seconded by: Councillor E Ketchabaw "THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole at 9:25 p.m. to discuss: Page 14 of 17 Council Minutes April 17, 2014 • a proposed or pending acquisition or disposition of land by the municipality; • personal matters about identifiable individuals." CARRIED UNANIMOUSLY (b) Closed session minutes of the budget meeting of Council held March 18, 2014. (c) Closed session minutes of the regular meeting of Council held March 20, 2014. (d) Closed session minutes of the special meeting of Council held March 28, 2014. (e) Closed session minutes of the regular meeting of Council held April 3, 2014. (f) Confidential memorandum regarding a proposed or pending acquisition or disposition of land by the municipality or local board. (24 Pitt Street) (g) Discussion regarding "Recovery of Costs for the Richmond Water System." (h) Out of Camera. 2014-213 Moved by: Councillor E Ketchabaw Seconded by: Councillor W Casier "THAT the Committee of the Whole do now rise from the "In Camera" session at 10:20 p.m." CARRIED UNANIMOUSLY 2014-214 11(f) Moved by: Councillor W Casier Seconded by: Deputy Mayor C Evanitski "THAT the Council of the Municipality of Bayham accepts the Agreement of Purchase and Sale for the former Port Burwell Firehall located at 24 Pitt Street, and vacant Municipal land fronting on Erieus Street, Port Burwell dated April 10, 2014, subject to conditions, as discussed in closed session; THAT the property be declared surplus to the Municipality's needs; THAT the Mayor and Clerk be authorized to sign the Agreement; AND THAT staff be directed to proceed with the necessary actions to complete the transaction." CARRIED UNANIMOUSLY 11(g) Re Open Session Item 9(o) Upon reconvening, Council provided staff with dates of either Monday May 5th or Tuesday May 13th,based on availability of the Stantec Engineer, to arrange a public meeting for water system assessed property owners, at the Richmond United Church and passed the following resolution. Page 15 of 17 Council Minutes April 17, 2014 2014-215 Moved by: Councillor E Ketchabaw Seconded by: Councillor T Southwick "THAT Staff be directed to prepare the necessary fees and charges by-law for the collection of the Richmond Water System capital costs utilizing the following parameters: Term of amortization: 20 year term at an Interest rate: 2.97% per annum." CARRIED UNANIMOUSLY 12. BY-LAWS (a) By-Law 2013-091 A By-Law to authorize a franchise agreement (NRG Third Reading Only) 2014-216 Moved by: Councillor E Ketchabaw Seconded by: Councillor T Southwick "THAT By-Law 2013-091 be read a third time and finally passed." CARRIED UNANIMOUSLY (b) By-Law 2014-033 A Provisional By-Law to provide for drainage works (Breedon Municipal Drain Third Reading only) 2014-217 Moved by: Councillor T Southwick Seconded by: Councillor E Ketchabaw "THAT Provisional By-Law 2014-033 be read a third time and finally passed." CARRIED UNANIMOUSLY (c) By-Law Z628-2014 A By-Law to further amend Zoning By-Law Z456- 2003 (Froese) (d) By-Law 2014-039 A By-Law to adopt Amendment No. 11 to the Official Plan (Froese) (e) By-Law 2014-040 A By-Law to authorize the renewal of an agreement (Froese/Pro Grass) (f) By-Law 2014-041 A By-Law to further amend By-Law 2014-001(appointing members to boards and committees) (g) By-Law 2014-042 A By-Law to further amend By-Law 2013-110 (appointing officers and employees) Page 16 of 17 Council Minutes April 17, 2014 2014-218 Moved by: Councillor E Ketchabaw Seconded by: Councillor T Southwick "THAT By-Law Z628-2014, be read a first and second time only; AND THAT By-laws 2014-039, 2014-040, 2014-041, and 2014-042 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY (h) By-Law 2014-043 A By-Law to confirm all actions of Council 2014-219 Moved by: Councillor T Southwick Seconded by: Councillor E Ketchabaw "That confirming By-Law 2014-043 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY 13. ADJOURNMENT (a) Adjournment 2014-220 Moved by: Councillor E Ketchabaw Seconded by: Councillor T Southwick "THAT the Council meeting be adjourned at 10:25 p.m." CARRIED UNANIMOUSLY vi) jj AYOR CL RK Page 17 of 17