HomeMy WebLinkAboutDecember 05, 2013 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Council Chambers
December 5, 2013
7:00 PM
The regular meeting of the Council of the Municipality of Bayham was held on
Thursday,December 5,2013 in the Council Chambers. Present were Mayor Paul Ens, Deputy
Mayor Cliff Evanitski, Councillors Wayne Casier, Tom Southwick and Ed Ketchabaw,
Administrator Kyle Kruger and Clerk Lynda Millard.
Chief Building Official/Drainage Superintendent Bill Knifton was in attendance to present his
reports.
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 November 21, 2013.
2013-521
Moved by: Councillor E Ketchabaw
Seconded by: Councillor W Casier
"THAT the minutes of the regular meeting held November 21, 2013 be approved as
circulated."
CARRIED UNANIMOUSLY
(b) Minutes of the budget meeting held November 25, 2013.
2013-522
Moved by: Councillor W Casier
Seconded by: Councillor E Ketchabaw
"THAT the minutes of the budget meeting held November 25,2013 be approved as
circulated."
CARRIED UNANIMOUSLY
(c) Added Item(s)
Page 1 of 12
Council Minutes December 05, 2013
2013-523
Moved by: Councillor W Casier
Seconded by: E Ketchabaw
"THAT in accordance with Section 21 of Procedural By-law 2002-93, a confidential
staff report regarding a personal matter (Fire Chief/By-Law Enforcement Officer
position)be added to the agenda as an 11 item."
CARRIED UNANIMOUSLY
4. DELEGATIONS, STATEMENTS AND UPDATES
1. DELEGATIONS
(a) 9:00 p.m. - Gord Roesch and Nathan Dawley Jr. regarding personal matters about an
identifiable individual, including municipal or local board employees firefighter
appointment)
2. STATEMENTS BY COUNCIL
Mayor Ens noted that he had invited a local Glendale Secondary School student, Tie Fortune,
to the County which was participating in "take a student to work" day. Local students were
given a site tour and overview of County Council operations and activities.
3. UPDATES ON PROJECTS
(a) Richmond Community Water System
Administrator Kruger advised that equipment is now in place and functioning properly. Testing
is continuing and full connection of the system is expected next week.
(b) Harbour Divestiture
There was nothing new to report.
5. INFORMATION ITEMS
(a) Correspondence dated November 25, 2013 from Association of Municipalities of
Ontario regarding "Blue Box Program".
File: A01
(b) Correspondence dated November 26, 2013 from Elgin County regarding "French
Immersion Accommodation Plan".
File: A16
(c) Correspondence dated November 14, 2013 from Ministry of Finance regarding
"Ontario Municipal Partnership Fund".
File: F1l
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Council Minutes December 05, 2013
(d) Correspondence dated December 7, 2013 from Photographers of the Otter Valley
regarding "Help-Portrait".
File: MOO
(e) Correspondence dated November 12, 2013 from Ontario Provincial Police regarding
"Municipal Policing Cost-Recovery Formula".
File: P17
Councillor Southwick questioned the response being provided by the OPP rather than the
Ministry of Community Safety and Correctional Services regarding the updated municipal
policing cost-recovery formula, to be effective January 1, 2014.
Further discussion was referred to item 9(g) later on the agenda.
(f) Bayham Harbourfront Committee minutes of meeting held November 12,2013.
File: C06
(g) Minutes of Joint Cemetery Board meeting held November 26, 2013.
File: C06
(h) Correspondence dated November 19, 2013 from Teamsters Canada regarding "safe
transport of hazardous materials".
File: A01
2013-524
Moved by: Councillor E Ketchabaw
Seconded by: Councillor W Casier
"THAT information items 5(a) through 5(h) be received for information."
CARRIED UNANIMOUSLY
6. PLANNING,DEVELOPMENT,RECREATION & TOURISM
No Items.
7. ROADS,AGRICULTURE &DRAINAGE
(a) Staff Report DR2013-027 regarding "Corinth Branch "B" Municipal Drain Award
Contract".
File: E09
Drainage Superintendent Knifton noted that the only two bids submitted for the Corinth Drain
works were in excess of the amount estimated by the engineer. Options to deal with the higher
than expected cost were discussed, however, for the works to proceed in a timely manner,
Council accepted the lowest bid based on the previously amended schedule.
Page 3 of 12
Council Minutes December 05, 2013
2013-525
Moved by: Councillor E Ketchabaw
Seconded by: Councillor W Casier
"THAT Staff Report DR2013-027 be received;
THAT Council accepts the tender for provision of drainage works set out in the
Form of Tender for the Corinth Branch "B" Municipal Drain,as submitted by
Froese Excavating Ltd.,in the amount of$14,031.00 (excluding HST),with work to
commence on or shortly after December 6,2013;
THAT the costs be allocated as outlined in option 2 of the Staff Report;
AND THAT By-Law 2013-101 authorizing the execution of contract documents be
presented to Council for enactment."
CARRIED UNANIMOUSLY
(b) Staff Report DR2013-028 regarding "New England Municipal Drain Award Contract".
File: E09
2013-526
Moved by: Councillor E Ketchabaw
Seconded by: Councillor W Casier
"THAT Staff Report DR2013-028 be received;
AND THAT Council accept the tender for provision of drainage works set out in the
Form of Tender for the New England Municipal Drain, as submitted by Froese
Excavating Ltd.,in the amount of$18,850.00 (excluding HST),with work to
commence on or after December 16, 2013 and be completed on or before December
23, 2013;
AND THAT By-Law 2013-102 authorizing the execution of contract documents be
presented to Council for enactment."
CARRIED UNANIMOUSLY
(c) Staff Report DR2013-029 regarding "Phillips(Calton) Municipal Drain Award
Contract".
File: E09
2013-527
Moved by: Councillor W Casier
Seconded by: Councillor E Ketchabaw
"THAT Staff Report DR2013-029 be received;
THAT Council accept the tender for provision of drainage works set out in the
Form of Tender for the Phillips (Calton) Municipal Drain, as submitted by Froese
Excavating Ltd.,in the amount of$13,807.20 (excluding HST),with work to
Page 4 of 12
Council Minutes December 05, 2013
commence on or after December 10,2013 and be completed on or before December
13,2013;
AND THAT By-Law 2013-103 authorizing the execution of contract documents be
presented to Council for enactment."
CARRIED UNANIMOUSLY
(d) Staff Report PR2013-09 regarding "Road Allowance Closures &Transfers".
File: T09
The report was presented by Administrator Kruger as follows:
Proposal 1 - He noted no foreseen future municipal use for the road allowances south of
Lakeshore Line and recommended completion of the closure and conveyance of the original road
allowance between Lots 15 & 16 as per By-law 318 through the road closing process for the
given road in Lot 16.
All costs would be borne by Csinos Farms Limited for closing the road allowance and
transferring it to the current owner. The Municipality would release its interest in the given road
(Csinos Road) south of Lakeshore Line to fulfill the intent of By-law 318.
Proposal 2 - The Administrator advised this provides an opportunity to formally acquire and
define the dimensions of the travelled road, Csinos Road, through a land exchange. The
Municipality would relinquish the unopened road allowance between Lots 15 & 16 Concession 1
north of Lakeshore Line and formally acquire the travelled portion of a given road known as
"Csinos Road" north of Lakeshore Line.
The Administrator added that public notice has not yet been given, nor have the proposals been
circulated to any abutting property owners.
2013-528
Moved by: Councillor W Casier
Seconded by: Councillor E Ketchabaw
"THAT staff be directed to initiate any required procedures pursuant to the
Municipal Act to complete the closure and conveyance of the original road
allowance between Lots 15 & 16 in Concession 1 as per Township of Bayham By-
law 318 and to pursue the road closing process for the Given Road in Lot 16
Concession 1 south of Lakeshore Line provided Csinos Farms Limited pay all
required costs including advertising, survey and legal expenses;
AND THAT staff be directed to initiate any required procedures pursuant to the
Municipal Act to close the unopened road allowance between Lots 15 & 16 in
Concession 1 north of Lakeshore Line and convey such to the abutting property
owner Csinos Farms Limited and in exchange acquire the traveled portion of Csinos
Road north of Lakeshore Line,provided Csinos Farms Limited agrees to split the
costs equally for the required advertising, survey and legal expenses."
CARRIED UNANIMOUSLY
Page 5 of 12
Council Minutes December 05, 2013
(e) Staff Report C2013-11 regarding "Edison Drive Bridge".
File: T04
The Administrator noted that since advising Council of the reduced weight limit on the Edison
Drive bridge at the November 7th meeting, staff have looked at municipal services that may be
impacted and circulated the affected property owners to gain their input on other impacts they
expect/identify. Areas of impact included winter and capital road maintenance, waste collection,
fire protection and ambulance services.
Items of concern identified by affected property owners include lumbering activities, delivery of
fuel oil for equipment and heating, access by agricultural equipment,maintenance costs and
safety for private access routes for equipment and increased costs for shipping farm products
(smaller loads, staging across the bridge).
Staff have not yet determined any potential costs associated with developing an alternate access
route either by Creek Road or Old Mill Line, both of which would require extensive works.
Mayor Ens noted that County staff have also been investigating options.
2013-529
Moved by: Councillor E Ketchabaw
Seconded by: Councillor W Casier
"THAT Council and staff representatives arrange a meeting with the County of Elgin to further
discuss the Edison Drive bridge weight limits and options."
CARRIED UNANIMOUSLY
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
(a) Correspondence dated November 12, 2013 from Township of Malahide regarding
"Shared Fire Administration Services".
File: A16
Following discussion, Council directed that staff continue to explore options for cost efficiencies
for municipal service delivery with the Township of Malahide staff and report back to Council as
deemed appropriate.
9. FINANCE,ADMINISTRATION & PERSONNEL
(a) Cheque Register being Cheque#015661 to Cheque#015720 inclusive, except Cheques
#015501,#015681 and#015709 totaling $109,726.14 and Payroll Disbursements for
the period ending November 24, 2013 totaling $116,499.63.
2013-530
Moved by: Councillor E Ketchabaw
Seconded by: Deputy Mayor C Evanitski
Page 6 of 12
Council Minutes December 05, 2013
"THAT the Cheque Register being Cheque#015661 to Cheque#015720 inclusive,
except Cheques #015501,#015681 and#015709 totaling$109,726.14 and Payroll
Disbursements for the period ending November 24, 2013 totaling$116,499.63 be
approved."
CARRIED UNANIMOUSLY
(b) Correspondence dated November 6, 2013 from Ontario Federation of Agriculture
regarding "Cost of Community Services".
File: A16
Council indicated an interest in participating in the research project,however, were concerned
that the project may be labour intensive for municipal staff, resulting in delay of other projects. It
was suggested that the study may be beneficial to local asset management and economic
development. It was requested that staff make contact with the proponent to determine
information that may be required, the extent of staff involvement and the expected time frame for
completion and report back to Council.
(c) Correspondence dated November 25, 2013 from Township of Malahide regarding
"Doors Open East Elgin 2014".
File: Al6
2013-531
Moved by: Councillor W Casier
Seconded by: Deputy Mayor C Evanitski
"THAT Council of the Municipality of Bayham supports the deferral of the Doors
Open East Elgin event for 2014, as requested by the Township of Malahide;
AND THAT the Municipality of Bayham consider holding the event for 2015,in
partnership with the Township of Malahide and the Town of Aylmer."
CARRIED UNANIMOUSLY
(d) Correspondence dated November 20, 2013 from Stewardship Ontario regarding "New
Municipal or Hazardous Special Waste Services Agreement".
File: L04
2013-532
Moved by: Councillor W Casier
Seconded by: Deputy Mayor C Evanitski
"THAT the email correspondence from Stewardship Ontario regarding New
Municipal or Hazardous Special Waste Services Agreement be received;
AND THAT By-Law 2013-100, being a by-law to authorize amending the
agreement between the Municipality of Bayham and Stewardship Ontario for the
provision of funding for municipal hazardous or special waste services be presented
to Council for enactment."
CARRIED UNANIMOUSLY
Page 7 of 12
Council Minutes December 05, 2013
(e) Memorandum C2013-09 regarding "Howard Street Name Change".
File: C13
The Clerk noted that the solicitor has raised concerns that not all roads named in the amending
by-law can be registered and recommended that the by-law be deferred until clarification has
been confirmed.
2013-533
Moved by: Councillor E Ketchabaw
Seconded by: Councillor W Casier
"THAT Memorandum C2013-09 regarding Howard Street Name Change be deferred."
CARRIED UNANIMOUSLY
(f) Staff Report F2013-19 regarding "Municipal Website Accessibility".
File: A03
The Administrator noted that the Accessibility for Ontarians with Disabilities Act(AODA)has a
number of compliance items/dates forthcoming under the Integrated Accessibility Standards. All
new or revamped websites must comply with WCAG 2.0 Level A commencing on January 1,
2014.
He added that staff do not see a need for a major website redesign at this time,but there is
content that should be reviewed and revised. The current iWeb service platform is not compliant,
and iCompass is offering a new platform that is, with a basic redesign cost of approximately
$5,000. This pricing may increase in 2014. Annual hosting/support fees with unlimited support
hours would remain at the current level of$3,750.
2013-534
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor E Ketchabaw
"THAT Council authorize staff to proceed with the migration of the Municipal
Website to the iCompass CMS platform;
AND THAT the financing be considered with the 2014 budget process."
DEFEATED
(g) Discussion regarding "Policing Cost Solutions".
A copy of the letter from the Ontario Provincial Police to the Elgin Group Police Services Board
dated November 20, 2013 regarding 2014 municipal policing cost estimate—OPP, received
today, was circulated to Council.
Elgin Group Police Services Board representative, Councillor Casier noted that the only option
to reduce costs to the policing contract is to again cut the number of OPP officers (the Elgin
Page 8 of 12
Council Minutes December 05, 2013
Group cut 2 officers for 2013,reducing the annual salaries by approximately$150,000),however
minimum staff levels are beyond the control of local Municipalities.
A new billing model establishing a base rate per household, province wide will come into effect
in 2015. This will account for 73% of billings plus costs resulting from calls for service.
Bayham's estimated share for Policing costs in 2014 is $859,536. Failing to remit payments for
billings would result in interest and penalty charges and potentially claw-backs available through
approved grants.
It was agreed that the Province should be taking full responsibility for the OPP and pay 100%of
all policing costs.
Staff was requested to draft a letter to circulate to the Minister of Community Safety and
Correctional Services,the Mayor's Coalition on Affordable Sustainable Accountable Policing
related agencies and the local M.P.P.
10. ENVIRONMENT
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2013-535
Moved by: Councillor W Casier
Seconded by: Deputy Mayor C Evanitski
"THAT the Council do now rise to enter into an "In Camera" Session of Committee
of the Whole at 9:03 p.m. to discuss:
• personal matters about an identifiable individual,including municipal or local
board employees;
• a proposed or pending acquisition or disposition of land by the municipality or
local board;
• labour relations or employee negotiations."
CARRIED UNANIMOUSLY
(b) Closed session minutes of the regular meeting of Council held November 7, 2013.
(c) Confidential discussion regarding personal matters about an identifiable individual,
including municipal or local board employees firefighter appointment)
(d) Confidential Report regarding a proposed or pending acquisition or disposition of land
by the municipality or local board (Green Line/Pressey Road)
(e) Confidential Report regarding labour relations or employee negotiations (Senior Staff
Overtime/Vacation Status 2013)
Page 9 of 12
Council Minutes December 05, 2013
(0 Confidential Report regarding labour relations or employee negotiations (Non-Union
Salary Adjustments -2014)
(g) Confidential Report regarding labour relations or employee negotiations. (Fire Chief/
By-Law Enforcement Officer position)
(h) Out of Camera.
2013-536
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
10:45 p.m."
CARRIED UNANIMOUSLY
2013-537
Moved by: Councillor E Ketchabaw
Seconded by: Councillor W Casier
(d)
"THAT staff be authorized to complete an offer to purchase lands as outlined in
report PR2013-10."
CARRIED UNANIMOUSLY
2013-538
Moved by: Councillor W Casier
Seconded by: Deputy Mayor C Evanitski
(e)
"THAT Senior Staff Overtime/Vacation Status 2013 be approved as outlined in
Confidential Staff Memorandum."
CARRIED UNANIMOUSLY
2013-539
Moved by: Councillor E Ketchabaw
Seconded by: Councillor W Casier
(1)
"THAT the Non-union salary grid be adjusted by 1.0% effective January 1st, 2014,
and that the market analysis be further evaluated during 2014 budget
considerations."
CARRIED UNANIMOUSLY
Page 10 of 12
Council Minutes December 05, 2013
(g)
There was consensus that the offer of employment be amended to include: "subject to a positive
criminal records check and a favourable driver's abstract."
It was agreed that letters of appreciation be sent to the Town of Tillsonburg and Deputy Fire
Chief Jeff Smith in recognition of their support.
2013-540
Moved by: Councillor W Casier
Seconded by: Councillor T Southwick
"THAT the offer of employment for the Fire Chief/By-Law Enforcement Officer
position as attached to report H2013-07 be approved as amended."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-Law 2013-085 A Provisional By-Law to provide for drainage works (Phillips
(Calton)Drain 3rd Reading)
(b) By-Law 2013-086 A Provisional By-Law to provide for drainage works (Corinth
Drain 3rd Reading)
(c) By-Law 2013-087 A Provisional By-Law to provide for drainage works (New
England Drain 3rd reading)
(d) By-Law 2013-093 A By-Law to amend Schedule "E"to by-Law-125 to change or
assign names to highways, streets and roads. (Deferred)
(e) By-Law 2013-100 A By-Law to amend By-Law 2012-057 authorizing
agreements (Stewardship Ontario)
(1) By-Law 2013-101 A By-Law to authorize the Mayor and Clerk to execute an
agreement (Froese Excavating Ltd.)
(g) By-Law 2013-102 A By-Law to authorize the Mayor and Clerk to execute an
agreement (Froese Excavating Ltd.)
(h) By-Law 2013-103 A By-Law to authorize the Mayor and Clerk to execute an
agreement ?(Froese Excavating Ltd.)
2013-541
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor W Casier
"THAT By-Laws 2013-085, 2013-086 and 2013-087 be read a third time and finally
passed;
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Council Minutes December 05, 2013
AND THAT By-Laws 2013-100, 2013-101,2013-102 and 2013-103 be read a first,
second and third time and finally passed."
CARRIED UNANIMOUSLY
(i) By-Law 2013-104 By-Law to confirm all actions of Council
2013-542
Moved by: Councillor W Casier
Seconded by: Deputy Mayor C Evanitski
"THAT confirming By-Law 2013-104 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2013-543
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor W Casier
"THAT the Council meeting be adjourned at 10:50 p.m."
CARRIED UNANIMOUSLY
MA'FOR CLERK
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