HomeMy WebLinkAboutJanuary 10, 2013 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
January 10, 2013
7:00 PM
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,
January 10, 2013 in the Council Chambers. Present were Mayor Paul Ens, Acting Deputy Mayor
Wayne Casier, Councillors Tom Southwick and Ed Ketchabaw, Administrator Kyle Kruger 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
None.
3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS
(a) Minutes of the regular meeting of Council held December 20, 2012.
2013-004
Moved by Councillor T. Southwick
Seconded by Acting Deputy Mayor W Casier
"THAT the minutes of the regular meeting held December 20,2012 be approved as
circulated."
CARRIED UNANIMOUSLY
(b) Added Item
2013-005
Moved by Acting Deputy Mayor W Casier
Seconded by Councillor E Ketchabaw
"THAT in accordance with Section 21 of Procedural By-law 2002-93, a request for
consideration of a resolution of support for a rooftop solar project submitted by
Eric Schuurman be added to the agenda as items 9(f)."
CARRIED UNANIMOUSLY
4. DELEGATIONS, STATEMENTS AND UPDATES
Page 1 of 10
Council Minutes January 10, 2013
1. DELEGATIONS
(a) 7:05 p.m. -Natalia Welniak, Outreach and Education Advisor with the Office of the
Independent Police Review Director(OIPRD)regarding "Role of the OIPRD".
Ms. Welniak gave a power point presentation regarding the activities of the arm's length agency
of the Ontario Ministry of the Attorney General. Complaints may be filed regarding the conduct
of any police officer or the services or policies of any municipal, regional or provincial police
service in Ontario. The OIPRD complaint form must be completed and signed by the person
making the complaint and can be submitted to the OIPRD, ServiceOntario locations, or any
municipal,regional or provincial police station. A complaint form and instructions for making a
complaint against the police are available at www.oiprd.on.ca or by calling toll free:
1-877-411-4773.
(b) 7:20 p.m. -Robert Vallee regarding "Ojibwa Agreement".
Mr. Vallee acknowledged that he had not received any response to questions previously posed to
Council and questioned whether Council had met with the Elgin Military Museum Board and
obtained any explanation regarding the Guarantor agreement obligations. He was advised that no
response or meeting date has been received.
Mayor Ens provided Mr. Vallee with a written response to the questions he had previously
submitted.
(c) 7:35 p.m. -Wade Spitzke regarding "Response to questions posed December 20,
2012".
Mr. Spitzke raised concerns that the Municipality may become responsible for repayment of the
estimated$6 million or more cost of the Ojibwa project.
Staff explained that the Municipality has not entered into any agreements or contracts with the
Museum's bank or creditors,but has issued a letter of credit only.
Mayor Ens provided Mr. Spitzke with a written response to the questions he had previously
posed,noting that copies of both responses are available to the public upon request.
2. STATEMENTS BY COUNCIL
Mayor Ens advised that former Elgin area M.P. John Wise had passed away and that his
funeral will be on Monday.
3. UPDATES ON PROJECTS
Richmond Community Water System-The Administrator noted that the works are
proceeding and that a meeting for the water system users is tentatively scheduled for
January 29th at 7:00 p.m. in Richmond.
Harbour Divestiture-The Administrator advised that the Environmental Site
Assessment is still underway.
Page 2 of 10
Council Minutes January 10, 2013
5. INFORMATION ITEMS
(a) Museums Bayham minutes of meeting held December 12, 2012.
File: C06
(b) Edison Museum Building Committee minutes of meeting held November 27, 2012.
File: C06
(c) Bayham Harbourfront Committee minutes of meeting held December 10, 2012.
File: C06
(d) Notice from Multi Service Centre regarding "Penny Drive Fundraiser".
File: M03
(e) Correspondence dated December 2012 from Ministry of Citizenship and Immigration
regarding "Ontario Medal for Young Volunteers".
File: M02
(1) First edition of the Mayors'Coalition for Affordable, Sustainable and Accountable
Policing (ASAP) newsletter.
File: P17
(g) Tillsonburg&District Multi-Service Centre (MSC) newsletter "MSC Voice" dated
Fall/Winter 2012/13.
File: M07
(h) Correspondence dated January 4, 2013 from Elgin Group Police Services Board
regarding "2014 Police Cost Estimate".
File: P17
It was requested that the resolution passed by Council in 2011 regarding policing costs
negotiated by the Province be brought back to Council at the next meeting.
(0 Correspondence received from Southwest Ontario Tourism Corporation regarding
"Board Recruitment".
File: A01
2013-006
Moved by Acting Deputy Mayor W Casier
Seconded by Councillor E Ketchabaw
"THAT information items 5(a)through 5(i) be received for information."
CARRIED UNANIMOUSLY
6. PLANNING, DEVELOPMENT,RECREATION & TOURISM
No Items
Page 3 of 10
Council Minutes January 10, 2013
7. ROADS,AGRICULTURE & DRAINAGE
No Items
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
No Items
9. FINANCE,ADMINISTRATION & PERSONNEL
(a) Cheque Register being Cheque#013660 to Cheque#013730 inclusive, except Cheques
#013656 totaling$192,832.60 and Payroll Disbursements for the period ending
December 24, 2012 totaling$53,160.04.
2013-007
Moved by Councillor E Ketchabaw
Seconded by Acting Deputy Mayor W Casier
"THAT the Cheque Register being Cheque#013660 to Cheque#013730 inclusive,
except Cheques#013656 totaling $192,832.60 and Payroll Disbursements for the
period ending December 24, 2012 totaling$53,160.04 be approved."
CARRIED UNANIMOUSLY
(b) Staff Report F2013-01 regarding Yearly Update to Bylaws.
File: CO1
2013-008
Moved by Acting Deputy Mayor W Casier
Seconded by Councillor E Ketchabaw
"THAT By-laws 2013-002 and 2013-003,being by-laws to provide for an Interim
Tax levy for 2013 and to authorize borrowing from time to time to meet current
expenditures during the fiscal year ending December 31,2013,respectively,be
presented to Council for enactment."
CARRIED UNANIMOUSLY
(c) Staff Report P2013-01 regarding Amber Energy- Proposal for Municipal Buildings.
File: E06FIT
The Administrator noted that review of a draft agreement by the Municipal solicitor raised
significant concerns. He added that the deadline for submissions under the FIT program is
January 18, which does not provide enough time to seek any Requests for Proposals for rooftop
solar projects. There would be minor impact on insurance costs and commercial tax assessment.
An Engineer's report including a design assessment would be required. Amber Energy would be
responsible for project installation costs,however the Municipality, as the property owner, would
ultimately be responsible should they be unable to complete the works. He suggested that any
approval given be subject to an appropriate agreement.
Page 4 of 10
Council Minutes January 10, 2013
Council discussed options and demonstrated interest in pursuing a possible arrangement for a set
amount per KW versus net proceeds.
2013-009
Moved by Councillor E Ketchabaw
Seconded by Acting Deputy Mayor W Casier
"THAT Council approve the proposal submitted by Amber Energy Cooperative
Inc. for placement of solar panels on the following Municipal buildings and they be
provided access to the subject roof structures, subject to the completion of a
satisfactory license agreement:
-Bayham Municipal Office, 9344 Plank Road
- Straffordville Community Centre, 56169 Heritage Line
-Vienna Community Centre, 26 Fulton Street
-Port Burwell Firehall, 55451 Nova Scotia Line."
CARRIED UNANIMOUSLY
2013-010
Moved by Councillor E Ketchabaw
Seconded by Acting Deputy Mayor W Casier
"WHEREAS Amber Energy Co-operatiave Inc. (the "Applicant")proposes to
construct and operate a Rooftop Solar Project on 9344 Plank Road, Straffordville
(the "Lands")in Municipality of Bayham under the Province's FIT Program;
AND WHEREAS the Applicant has requested that Council of Municipality of
Bayham indicate by resolution Council's support for the construction and operation
of the Project on the Property;
AND WHEREAS,pursuant to the rules governing the FIT Program (the "FIT
Rules"),Applications whose Projects receive the formal support of Local
Municipalities will be awarded Priority Points, which may result in the Applicant
being offered a FIT Contract prior to other persons applying for FIT Contracts;
NOW THEREFORE BE IT RESOLVED THAT Council of the Municipality of
Bayham supports the construction and operation of the Project on the lands;
AND THAT this resolution's sole purpose is to enable the Applicant to receive
Priority Points under the FIT Program and may not be used for the purpose of any
other form of municipal approval in relation to the Application or Project or any
other purpose."
CARRIED UNANIMOUSLY
2013-011
Moved by Acting Deputy Mayor W Casier
Seconded by Councillor E Ketchabaw
Page 5of10
Council Minutes January 10, 2013
"WHEREAS Amber Energy Co-operatiave Inc. (the "Applicant")proposes to
construct and operate a Rooftop Solar Project on Bayham Community Centre at
56169 Heritage Line, Straffordville, (the "Lands") in Municipality of Bayham under
the Province's FIT Program;
AND WHEREAS the Applicant has requested that Council of Municipality of
Bayham indicate by resolution Council's support for the construction and operation
of the Project on the Property;
AND WHEREAS,pursuant to the rules governing the FIT Program (the "FIT
Rules"),Applications whose Projects receive the formal support of Local
Municipalities will be awarded Priority Points,which may result in the Applicant
being offered a FIT Contract prior to other persons applying for FIT Contracts;
NOW THEREFORE BE IT RESOLVED THAT Council of the Municipality of
Bayham supports the construction and operation of the Project on the lands;
AND THAT this resolution's sole purpose is to enable the Applicant to receive
Priority Points under the FIT Program and may not be used for the purpose of any
other form of municipal approval in relation to the Application or Project or any
other purpose."
CARRIED UNANIMOUSLY
2013-012
Moved by Councillor E Ketchabaw
Seconded by Acting Deputy Mayor W Casier
"WHEREAS Amber Energy Co-operatiave Inc.(the "Applicant") proposes to
construct and operate a Rooftop Solar Project on Vienna Community Centre, 26
Fulton.Street,Vienna, (the "Lands") in Municipality of Bayham under the
Province's FIT Program;
AND WHEREAS the Applicant has requested that Council of Municipality of
Bayham indicate by resolution Council's support for the construction and operation
of the Project on the Property;
AND WHEREAS,pursuant to the rules governing the FIT Program (the "FIT
Rules"),Applications whose Projects receive the formal support of Local
Municipalities will be awarded Priority Points,which may result in the Applicant
being offered a FIT Contract prior to other persons applying for FIT Contracts;
NOW THEREFORE BE IT RESOLVED THAT Council of the Municipality of
Bayham supports the construction and operation of the Project on the lands;
AND THAT this resolution's sole purpose is to enable the Applicant to receive
Priority Points under the FIT Program and may not be used for the purpose of any
other form of municipal approval in relation to the Application or Project or any
other purpose."
CARRIED UNANIMOUSLY
Page 6 of 10
Council Minutes January 10,2013
2013-013
Moved by Deputy Mayor W Casier
Seconded by Councillor E Ketchabaw
"WHEREAS Amber Energy Co-operatiave Inc. (the "Applicant") proposes to
construct and operate a Rooftop Solar Project on fire station at 55451 Nova Scotia
Line,Port Burwell, (the "Lands") in Municipality of Bayham under the Province's
FIT Program;
AND WHEREAS the Applicant has requested that Council of Municipality of
Bayham indicate by resolution Council's support for the construction and operation
of the Project on the Property;
AND WHEREAS,pursuant to the rules governing the FIT Program (the "FIT
Rules"),Applications whose Projects receive the formal support of Local
Municipalities will be awarded Priority Points,which may result in the Applicant
being offered a FIT Contract prior to other persons applying for FIT Contracts;
NOW THEREFORE BE IT RESOLVED THAT Council of the Municipality of
Bayham supports the construction and operation of the Project on the lands;
AND THAT this resolution's sole purpose is to enable the Applicant to receive
Priority Points under the FIT Program and may not be used for the purpose of any
other form of municipal approval in relation to the Application or Project or any
other purpose."
CARRIED UNANIMOUSLY
(d) Staff Report C2013-01 regarding 2013 Committee/Board Appointments.
File: C12
2013-014
Moved by Councillor E Ketchabaw
Seconded by Acting Deputy Mayor W Casier
"THAT By-law 2013-001,being a by-law to appoint members to the various boards
and committees of Council,as submitted,be presented to Council for enactment."
CARRIED UNANIMOUSLY
(e) Submission regarding Amber Energy proposal for rooftop solar project for properties
located at 54526 and 54744 Best Line.
File: E06FIT
2013-015
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"WHEREAS Amber Energy Co-operatiave Inc. (the "Applicant")proposes to
construct and operate a Rooftop Solar Project on 54526 Best Line,Aylmer,
Page 7 of 10
Council Minutes January 10, 2013
Ontario (the "Lands") in Municipality of Bayham under the Province's FIT
Program;
AND WHEREAS the Applicant has requested that Council of Municipality of
Bayham indicate by resolution Council's support for the construction and operation
of the Project on the Property;
AND WHEREAS,pursuant to the rules governing the FIT Program (the "FIT
Rules"),Applications whose Projects receive the formal support of Local
Municipalities will be awarded Priority Points,which may result in the Applicant
being offered a FIT Contract prior to other persons applying for FIT Contracts;
NOW THEREFORE BE IT RESOLVED THAT Council of the Municipality of
Bayham supports the construction and operation of the Project on the lands;
AND THAT this resolution's sole purpose is to enable the Applicant to receive
Priority Points under the FIT Program and may not be used for the purpose of any
other form of municipal approval in relation to the Application or Project or any
other purpose."
CARRIED UNANIMOUSLY
2013-016
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"WHEREAS Amber Energy Co-operatiave Inc. (the "Applicant")proposes to
construct and operate a Rooftop Solar Project on 54744 Best Line,Aylmer, Ontario
(the "Lands") in Municipality of Bayham under the Province's FIT Program;
AND WHEREAS the Applicant has requested that Council of Municipality of
Bayham indicate by resolution Council's support for the construction and operation
of the Project on the Property;
AND WHEREAS,pursuant to the rules governing the FIT Program (the "FIT
Rules"),Applications whose Projects receive the formal support of Local
Municipalities will be awarded Priority Points,which may result in the Applicant
being offered a FIT Contract prior to other persons applying for FIT Contracts;
NOW THEREFORE BE IT RESOLVED THAT Council of the Municipality of
Bayham supports the construction and operation of the Project on the lands;
AND THAT this resolution's sole purpose is to enable the Applicant to receive
Priority Points under the FIT Program and may not be used for the purpose of any
other form of municipal approval in relation to the Application or Project or any
other purpose."
CARRIED UNANIMOUSLY
(1) Request for a resolution of support for a rooftop solar project submitted by Eric
Schuurman.
File: E06
Page 8 of 10
Council Minutes January 10, 2013
2013-017
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"WHEREAS Eric Schuurman (the "Applicant") proposes to construct and operate
a Rooftop Solar Project on the existing farm buildings at 54503 Pressey Road,
Brownsville (the "Lands")in Municipality of Bayham under the Province's FIT
Program;
AND WHEREAS the Applicant has requested that Council of Municipality of
Bayham indicate by resolution Council's support for the construction and operation
of the Project on the Property;
AND WHEREAS,pursuant to the rules governing the FIT Program (the "FIT
Rules"),Applications whose Projects receive the formal support of Local
Municipalities will be awarded Priority Points,which may result in the Applicant
being offered a FIT Contract prior to other persons applying for FIT Contracts;
NOW THEREFORE BE IT RESOLVED THAT Council of the Municipality of
Bayham supports the construction and operation of the Project on the lands;
AND THAT this resolution's sole purpose is to enable the Applicant to receive
Priority Points under the FIT Program and may not be used for the purpose of any
other form of municipal approval in relation to the Application or Project or any
other purpose."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
No Items
11. COMMITTEE OF THE WHOLE
No Items
12. BY-LAWS
(a) By-Law 2013-001 A By-Law to appoint members to Boards and Committees
(b) By-Law 2013-002 A By-Law to provide for an interim tax levy
(c) By-Law 2013-003 A By-Law to authorize borrowing from time to time to meet
current expenditures during the fiscal year ending December 31, 2013
2013-018
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT By-laws 2013-001,2013-002 and 2013-003 be read a first, second and third
time and finally passed."
CARRIED UNANIMOUSLY
Page 9 of 10
Council Minutes January 10, 2013
(d) By-Law 2013-005 A By-Law to confirm all actions of Council
2013-019
Moved by Acting Deputy Mayor W Casier
Seconded by Councillor E Ketchabaw
"THAT confirming By-Law 2013-005 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2013-020
Moved by Councillor E Ketchabaw
Seconded by Acting Deputy Mayor W Casier
"THAT the Council meeting be adjourned at 8:17 p.m."
CARRIED UNANIMOUSLY
MAY R CLERK
Page 10 of 10