HomeMy WebLinkAboutSeptember 18, 2014 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville, ON
Council Chambers
Thursday, September 18,2014
7:00 p.m.
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,
September 18, 2014 in the Council Chambers. Present were Mayor Paul Ens, Deputy Mayor
Cliff Evanitski, Councillors Wayne Casier,Tom Southwick and Ed Ketchabaw,Administrator
Paul Shipway and Clerk Lynda Millard.
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
No disclosures of pecuniary interest were declared.
3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS
(a) Minutes of the regular meeting of Council held September 4, 2014.
2014-454
Moved by: Councillor W Casier
Seconded by: Councillor T Southwick
"THAT the minutes of the regular meeting held September 4, 2014 be approved as
circulated."
CARRIED UNANIMOUSLY
(b) Added Item(s)
No items were added to the agenda.
4. DELEGATIONS, STATEMENTS AND UPDATES
1. DELEGATIONS
(a) 7:05 p.m. - Patricia Nemeth regarding "Municipal Office Procedures".
Ms. Nemeth was not in attendance.
(b) 7:15 p.m. -Bob Vallee regarding "Ojibwa Project".
Bob Vallee provided a list of questions regarding the Ojibwa Project.
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Following his presentation Council passed a resolution as follows:
2014-455
Moved by: Councillor E Ketchabaw
Seconded by: Councillor T Southwick
"THAT Staff be directed to provide a response to inquiries submitted by Mr.
Vallee."
CARRIED UNANIMOUSLY
The following response was read by Administrator Shipway:
1) Has anyone from council or administration met with anyone from the EMM since January
2013, and if so what can they report?
The Municipality via members of Council or staff has formally met with the Elgin Military
Museum representatives on the following dates:
i. July 26, 2013;
ii. January 29, 2014;
iii. June 18, 2014;
iv. August 27, 2014;
The general subject matter of the aforementioned meetings pertained to the guarantorship
agreement as authorized by By-law No 2012-037 and efforts of the Elgin Military Museum to
comply with the contractual requirements of the guarantorship agreement.
2) What is council's estimate of the total monies spent to date by the EMM?
The Municipality does not have an estimate of project expenses that is objective and
substantiated. Any amount presented at this time would be purely speculative.
3) To council's knowledge are their unpaid bills and or liens against the EMM?
The Municipality is not aware of any unpaid bills or liens against the Elgin Military Museum
with the exception of quarterly guarantorship payments due to the Municipality of Bayham,
some of which have been invoiced to the Elgin Military Museum and remain outstanding. The
Elgin Military Museum is required to pay gaurantorship payments to the Municipality pursuant
to Section 31 of the guarantorship agreement as authorized by By-law No. 2012-037 and not all
of the guarantoship payments have been paid to the Municipality. (For further information please
refer to question No. 5).
4) What additional costs has the Municipality incurred as a result of Project Ojibwa? (beach
work, road&harbour repair etc.)
Outside of guarantorship fees the Municipality has not recorded additional unplanned costs that
have not been or will not be recovered from the Elgin Military Museum pertaining to Project
Ojibwa.
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5) In the Consolidated Financial Statements dated Dec.31 2013 page 16, item 12 Contingent
Liabilities there is an amount of$26,000 mentioned. This sounds like some kind of a fee or
penalty payment. Can you explain this to me, and is this an ongoing expense?
To carry an irrevocable letter of credit or credit facility, the financial institution collects a fee
based on the amount of the credit facility which is being utilized. In the case of the Municipality
of Bayham credit facility, for the Elgin Military Museum, the financial institution charges a
quarterly fee. For the 2013 financial year the amount outstanding is $26,000.00 as indicated in
the 2013 Financial Statements. Since the credit facility is a contingent liability and only
becomes a liability if the credit facility is called upon,the auditors utilize the quarterly credit
facility fees to monetize the liability. This expense,perpetually invoiced to the Elgin Military
Museum, shall continue quarterly for the term of the credit facility based on the amount of the
credit facility which is expended.
6) The EMM has talked about a 25-year business and payment plan. Has this been put in
place? How would this work, and how would it affect the Municipality from a financial point of
view?
The Elgin Military Museum has not presented the Municipality with a business plan or payment
plan beyond the initial seven year plan presented by the Elgin Military Museum during 2012. A
twenty-five year business plan would require the Municipality to be cognisant of debt capacity
and annual repayment limit as outlined by the Ministry of Municipal Affairs and Housing.
Unless the Municipality was called upon to pay the credit facility the Municipality would not be
affected financially beyond the aforementioned.
7) As the EMM appears to be in debt in the neighbourhood of$8,000,000, with little hope of
paying this off, what happens to the Municipality if the Bank calls on the$6,000,000 loan?
If the Elgin Military Museum defaults on its financial obligations,ultimately the Municipality of
Bayham, by way of an irrevocable credit facility, is financially responsible for the outstanding
amount of the credit facility. Should the Elgin Military Museum not be capable of servicing the
credit facility, the Council of the day would determine the course of action. These options may
include but not be limited to:
i. Provide a bridge payment to satisfy the payment requirements of the credit facility(in
this situation the credit facility does not default and the Municipality provides a bridge payment
to ensure a default does not occur);
ii. Require the Elgin Military Museum to liquidate all of its assets in accordance with
Section 3i of the guarantorship agreement as authorized by By-law No. 2012-037. (A default
effectively becomes an issue of contract law).
8) If we were required to pay the$6,000,000 we guaranteed, how would this likely be done?
The Council of the day would determine how the Municipality would satisfy the financial
requirements of a default of the credit facility by the Elgin Military Museum. Although
speculative at this point, should the Elgin Military Museum default, options to satisfy the
financial responsibilities of the Municipality may include,but not be limited to utilizing:
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Council Minutes September 18, 2014
i. Reserves;
ii. Tax revenues;
iii. Legal action;
iv. Financial support from other levels of government
2. STATEMENTS BY COUNCIL
Councillor Southwick announced the birth of a new grandson to be living in Vienna.
5. INFORMATION ITEMS
(a) Correspondence received from The Royal Canadian Legion Ontario Command
regarding "Military Service Recognition Book".
File: A01
(b) Correspondence dated September 11, 2014 from Ontario Power Authority regarding.
"Stream 3 of the Industrial Electricity Incentive Program".
File: A01
(c) Correspondence dated August 5, 2014 from Ontario Hockey Federation regarding
"Amateur Hockey".
File: A01
(d) Correspondence dated September 15, 2014 from Ministry of the Environment and
Climate Change regarding "Class Environmental Assessment for Minor Transmission
Facilities Notice of Completion of Class Environmental Assessment Review Project".
File: A16
(e) List of Nominated Candidates for 2014 Municipal Election.
File: C07
(0 Correspondence dated August 29,2014 from Recycling Council of Ontario regarding
"Waste Reduction Week".
File: E07
2014-456
Moved by: Councillor W Casier
Seconded by: Councillor T Southwick
"THAT information items 5(a) through 5(f) be received for information."
CARRIED UNANIMOUSLY
6. PLANNING,DEVELOPMENT,RECREATION & TOURISM
7. ROADS,AGRICULTURE & DRAINAGE
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8. PROPERTY,BUILDING& PROTECTIVE SERVICES
9. FINANCE,ADMINISTRATION &PERSONNEL
(a) Cheque Register being Cheque#017262 to Cheque#017318 inclusive totaling
$1,279,978.46 and Payroll Disbursements for the period ending August 31, 2014
totaling$58,096.60.
2014-457
Moved by: Councillor T.Southwick
Seconded by: Councillor W Casier
"THAT the Cheque Register being Cheque#017262 to Cheque#017318 inclusive
totaling$1,279,978.46 and Payroll Disbursements for the period ending August 31,
2014 totaling$58,096.60 be approved."
CARRIED UNANIMOUSLY
(b) Correspondence from Southwest.Ontario Tourism Corporation regarding "Ojibwa a
Finalist for the Tourism Industry Association of Canada's Tourism Innovator Award".
File: A01 /D06
There was no discussion of this item.
(c) Correspondence dated September 3, 2014 from Project Ojibwa Promotions Officer
regarding "Sub Days September 27 &28."
File: C13
2014-458
Moved by: Councillor W Casier
Seconded by: Deputy Mayor C Evanitski
"THAT correspondence from Ojibwa Promotions be received;
AND THAT permission be granted use of the municipal property south of the
HMCS OJIBWA (the grass area east of the parking lot),being Part 4 of
RP11R9365, west of lots 16 & 17 for Sub Days activities, on September 27 and 28
subject to:
-provision of certificate of insurance naming the Municipality of Bayham as an
additional insured, in the minimum or$2,000,000 and
- clean up and repair of any damages to the area be the responsibility of the
organizers."
CARRIED UNANIMOUSLY
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(d) Correspondence dated September 5, 2014 from Charles Baldwin regarding "Boundary
Fence".
File: C13/Roll File
2014-459
Moved by: Councillor W Casier
Seconded by: Deputy Mayor C Evanitski
"THAT the correspondence dated September 5, 2014 from Mr. Charles Baldwin be
received;
AND THAT the Council of the Municipality of Bayham concurs with the
correspondence dated August 27, 2014 sent to Mr. Baldwin by the Administrator."
CARRIED UNANIMOUSLY
(e) Correspondence dated September 15, 2014 from Elgin St. Thomas Public Health
requesting Vienna Community Centre fee waiver for community flu clinic.
File: C13
2014-460
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor E Ketchabaw
"THAT the Council of the Municipality of Bayam approves use of the Vienna
Community Centre by Elgin St. Thomas Public Health for a community flu clinic on
Wednesday October 29, 2014 from 3:00 p.m. until 7:00 p.m. and for one hour each
prior for setup and after for cleanup;
THAT Elgin St. Thomas Public Health be granted a fee waiver for use of the upper
hall;
AND THAT the cleaning fee of$120 plus HST apply."
CARRIED UNANIMOUSLY
(f) Museums Bayham minutes of meetings held August 13, 2014 (deferred from August
21, 2014 meeting) and September 10, 2014.
File: C06
2014-461
Moved by: Councillor E Ketchabaw
Seconded by: Deputy Mayor C Evanitski
"THAT the Museums Bayham minutes of meetings held August 13 and September
10,2014 be received;
THAT the Council of the Municipality of Bayham approves the creation of a
suitably-sized bed of native plantings around the butterfly plaque at the Port
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Council Minutes September 18,2014
Burwell Marine Museum, subject to ongoing maintenance by the Polestar Group
and the Port Burwell Horticultural Society under the supervision of a Museum
Board member;
AND THAT the Manager of Public Works be directed to have permanent signage
installed at the Port Burwell Marine Museum to include 'Museum Parking Only
During Operating Hours' by May 1st,2015."
CARRIED
(g) Staff Report F2014-026 regarding "Ontario Community Infrastructure Fund (OCIF) -
Small Communities Fund(SCF).
File: F l 1
2014-462
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor W Casier
"THAT the Municipality of Bayham submit an Expression of Interest(EOI)for the
Dexter Line watermain replacement as a joint application with the Port Burwell
Area Secondary Water Supply System and the County for the Ontario Community
Infrastructure Fund program;
THAT the Municipality of Bayham submit an EOI for storm sewer replacement
and assessment for the SCF program;
AND THAT MP Joe Preston and MPP Jeff Yurek be forwarded a copy of this
report and EOI submissions."
CARRIED UNANIMOUSLY
(h) Staff Report PW 2014-019 regarding "Roads Needs Study".
File: L04
It was recognized that the Roads Needs Study will be of considerable assistance for long term
capital works budget planning.
2014-463
Moved by: Councillor E Ketchabaw
Seconded by: Deputy Mayor C Evanitski
"THAT Staff Report PW2014-019 regarding Roads Needs Study be received;
THAT the Council of the Municipality of Bayham adopt the Roads Needs Study;
AND THAT the recommendation within the Roads Needs Study be referred to 2015
budget deliberations."
CARRIED UNANIMOUSLY
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(i) Staff Report PW2014-020 regarding "Rail Trail".
File: D06
Discussion included encouraging communication with abutting property owners to the trail
regarding the spraying of noxious weeds,potential for damage to crops growing in close
proximity, brushing, dealing with drainage tile and open ditch issues and/or concerns.
Staff were directed to review the concerns and issues raised and report back to Council with
recommendations for Council's consideration.
2014-464
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor E Ketchabaw
"THAT Staff Report PW2014-020 regarding Rail Trail be received for
information."
CARRIED UNANIMOUSLY
(i) Staff Report PW2014-021 regarding "Bulk Item Waste Management".
File: E07
Council was supportive of having waste management and disposal discussions with the Town of
Tillsonburg early in the next term of Council as any legislative approvals, if required,may take a
considerable time to complete.
2014-465
Moved by: Councillor T Southwick
Seconded by: Deputy Mayor C Evanitski
"THAT Staff Report PW2014-021 regarding Bulk Item Waste be referred to 2015
Budget deliberations."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2014-466
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor E Ketchabaw
"THAT the Council do now rise to enter into an "In Camera" Session of Committee
of the Whole at 8:31 p.m. to discuss:
the security of the property of the municipality or local board;
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• 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."
CARRIED UNANIMOUSLY
(b) Closed session minutes of the regular meeting of Council held September 4, 2014.
(c) Confidential Verbal Report regarding litigation or potential litigation, including matters
before administrative tribunals affecting the municipality or local board.
(d) Confidential Staff Report regarding litigation or potential litigation, including matters
before administrative tribunals, affecting the municipality or local board.
(e) Confidential Verbal Report regarding personal matters about an identifiable individual,
including municipal or local board employees.
(1) Confidential Verbal Report regarding the security of the property of the municipality or
local board.
(g) Out of Camera.
2014-467
Moved by: Councillor E Ketchabaw
Seconded by: Deputy Mayor C Evanitski
"THAT the Committee of the Whole do now rise from the "In Camera" session at
9:06 p.m."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-Law 2014-097 A By-Law to confirm all actions of Council
2014-468
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor E Ketchabaw
"THAT confirming By-Law 2014-097 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
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13. ADJOURNMENT
(a) Adjournment
2014-469
Moved by: Councillor W Casier
Seconded by: Deputy Mayor C Evanitski
"THAT the Council meeting be adjourned at 9:07 p.m."
CARRIED UNANIMOUSLY
MA)/ (4741OR CLERK
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