HomeMy WebLinkAboutDecember 20, 2012 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
December 20,2012
7:00 PM
8:00 p.m. Court of Revision-Drainage
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,
December 20, 2012 in the Council Chambers. Present were Mayor Paul Ens,Acting Deputy
Mayor Wayne Casier, Councillors Tom Southwick and Ed Ketchabaw and Clerk Lynda
Millard. Administrator Kyle Kruger was absent
Treasurer David Aristone, Fire Chief/By-Law Enforcement Officer Gord Roesch and Chief
Building Official/Drainage Superintendent Bill Knifton were in attendance to present their
respective reports.
1. CALL TO ORDER
Mayor Ens called the meeting to order at 7:00 p.m.
(a) Presentation of Queen Elizabeth II Diamond Jubilee Medal to Charles Buchanan.
Mayor Paul Ens presented Charles Buchanan with the Queen's Jubilee Medal for
outstanding volunteer work on Bayham's behalf regarding Museums Bayham activities,
the War of 1812 Barn Quilt project through the E.O.N. group and the Settlement Stories
Quilt Trail and the local exhibit at the 2010 Elgin County Plowing Match.
Mr. Buchanan thanked Council and those who supported his nomination. He noted that
he remembered watching the coronation of Queen Elizabeth in 1952.
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 6, 2012.
2012-606
Moved by Acting Deputy Mayor W Casier
Seconded by Councillor E Ketchabaw
"THAT the minutes of the regular meeting held December 6, 2012 be approved as
circulated."
CARRIED UNANIMOUSLY
Page 1 of 10
Council Minutes December 20, 2012
(b) Minutes of the special meeting of Council held December 13, 2012.
2012-607
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT the minutes of the special meeting of Council held December 13, 2012 be
approved as circulated."
CARRIED UNANIMOUSLY
4. DELEGATIONS, STATEMENTS AND UPDATES
1. DELEGATIONS
(a) 7:05 p.m. -Cliff Evanitski (General Manager) and Roger Geysens (Chairman) from
Long Point Region Conservation Authority regarding LPRCA 2013 Budget and
Update on the status/progress of the Bayham ALUS pilot project. Item 9(b)
Mr. Geysens introduced himself and thanked Council for the opportunity to present an
overview of 2012 projects and the 2013 budget.
Mr. Evanitski identified concerns regarding aging infrastructure and flood control in the
Big Otter and Big Creek watersheds and the development of an asset management plan.
He noted there have been considerable cuts in grants provided by Federal and Provincial
departments. He advised that 3,000 tress had been planted in 2012 under Elgin clean
wetland enhancements and the commitment by the Ontario Trillium Foundation to
provide$90,000 over three years toward the ALUS program in Bayham. This will
contribute to reduced erosion through development of prairie grass ditches and buffers in
small land areas.
(b) 7:30 p.m. -Jamie Kent from AMBER Energy Co-operative regarding Proposal for
Community Buildings. Item 9(e)
Jamie Kent advised that the proposal includes installation of solar rooftop units at the
Municipal office building,the Bayham and Vienna Community Centres and at the new
Port Burwell Fire Station, on a lease only basis that requires no financial investment by
the Municipality. This opportunity is also being offered to the Town of Aylmer and the
Township of Malahide. Mr. Kent noted that applications must be submitted by January
18th. Annual full profit revenue from the four municipal sites is projected to be $80,875.
A paper copy of the lease was provided and he noted that he would provide an electronic
copy that staff could edit to meet Bayham needs.
He suggested that the government has not completed sufficient research for the solar
projects, and confirmed his willingness to meet with the Administrator and Fire Chief to
discuss measures that will address concerns they may have.
Council requested this item be placed on the January 10, 2013 agenda for consideration.
Page 2 of 10
Council Minutes December 20, 2012
(c) 8:15 p.m. -Wade Spitzke regarding Project Ojibwa.
In regard to the Straffordville Santa Claus parade, Mr. Spitzky raised concerns that an
individual had been soliciting funds. It was uncertain whether the unidentified person was
truly in need.
In regard to the guarantor agreement with the Elgin Military Museum, Mr. Spitzky
questioned whether the museum had met all the commitments in the agreement and
whether the municipality could be responsible for any outstanding costs.
Mayor Ens requested that he provide a copy of his presentation, in order that a response
could be prepared. Mr. Spitzky agreed to submit in the new year.
2. STATEMENTS BY COUNCIL
Mayor Ens noted that County Council had discussed concerns regarding Emergency
Management Services in Bayham, that a committee, including County and Bayham staff, had
been formed and a staff report would be presented at the January 8th County Council
meeting.
3. UPDATES ON PROJECTS
None
5. INFORMATION ITEMS
(a) Correspondence dated December 13, 2012 from Association of Municipalities of
Ontario regarding "Ontario Distribution Sector Review Panel Releases Report".
File: A01
(b) Correspondence dated December 13, 2012 from Association of Municipalities of
Ontario regarding "Provincial Auditor's 2012 Report-Key Municipal Interest in OPP
Recommendations".
File: A01
(c) Proposed By-Law of the "Impairment of Wind Turbines to the Environment" submitted
by G. Howling.
File: A01
(d) Correspondence received from Lake Huron&Elgin Area Water Supply Systems
regarding "Standard of Care-Training" and "Guide to Members of Municipal
Councils"
File: A04
(e) Correspondence dated December 3, 2012 from Ministry of Agriculture, Food and Rural
Affairs regarding "2013 Premier's Award for Agri-Food Innovation Excellence
Program".
File: A16
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Council Minutes December 20, 2012
(f) Correspondance dated December 4, 2012 from Municipal Property Assessment
Corporation regarding "Update from MPAC".
File: A16
(g) Long Point Region Conservation Authority minutes of meeting held November 7,
2012.
File: C06
(h) Correspondence dated December 7, 2012 from Minister of State Agency for Southern
Ontario regarding "Fire Code Upgrades to the Vienna Community Centre".
File: C11 /F 1 l
It was noted that Bayham will receive$35,000 toward recent Fire Code upgrades at the
Vienna Community Centre.
(i) Correspondence dated December 9, 2012 from Rick Wassing regarding "Vacant
Deputy Mayor Chair".
File: C13
0) Elgin Group Police Services Board minutes of meeting held September 19, 2012.
File: C06
(k) Correspondence dated November 28, 2012 from Kinderkids Playgroup thanking
Council for use of the Straffordville Community Centre.
File: C13
(1) Correspondence dated December 11, 2012 from Elgin County regarding "McWilliam
new Elgin County Warden".
File: M06
(m) Multi Service Centre E-letter dated December 2012.
File: M07
2012-608
Moved by Councillor E Ketchabaw
Seconded by Acting Deputy Mayor W Casier
"THAT information items 5(a)through 5(m) be received for information."
CARRIED UNANIMOUSLY
6. PLANNING,DEVELOPMENT,RECREATION & TOURISM
No Items
7. ROADS, AGRICULTURE & DRAINAGE
1. CORRESPONDENCE &REPORTS
No Items
Page 4 of 10
Council Minutes December 20, 2012
2. COURT OF REVISION-DRAINAGE
2012-609
Moved by Councillor E Ketchabaw
Seconded by Acting Deputy Mayor W Casier
"THAT in accordance with the provisions of the Drainage Act, the Council of the
Municipality of Bayham appoints Mayor Paul Ens,Acting Deputy Mayor Wayne
Casier, Councillors Tom Southwick and Ed Ketchabaw to sit as members of the
Court of Revision;
THAT Mayor 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 hearing in connection with the Richmond Road Branch
"A" Municipal Drain.
DECLARATION OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF
None
STAFF PRESENTATION
Staff Report DR2012-018 regarding Richmond Road Drain Branch "A" Court of
Revision.
File: E09
The report was presented by the Drainage Superintendent. He noted that the applicant
will be fully responsible for all costs related to the installation of the drainage works and
that no verbal or written objections have been received.
PUBLIC COMMENTS
None
COURT MEMBER COMMENTS AND QUESTIONS
None
DISPOSITION OF ITEM
Page 5 of 10
Council Minutes December 20, 2012
2012-610
Moved by Acting Deputy Mayor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Court of Revision for the Richmond Road Branch "A" Municipal Drain
hereby confirms the assessments as per the Engineer's Report#211479 dated
October 19,2012."
CARRIED UNANIMOUSLY
ADJOURNMENT
2012-611
Moved by Councillor E Ketchabaw
Seconded by Acting Deputy Mayor W Casier
"THAT the Court of Revision Meeting be adjourned at 8:05 p.m."
CARRIED UNANIMOUSLY
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
(a) Staff Report P2012-023 regarding Automatic Aid Agreement.
File: P16
The Fire Chief confirmed that the proposed agreement relates to structure fires only,
based on MTO hourly rates, similar to arrangements made with the Township of South-
West Oxford and the Town of Tillsonburg that are adequate to recover costs.
2012-612
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT Staff Report P2012-023 regarding Automatic Aid Fire Agreement with the
County of Norfolk be received;
AND THAT By-Law 2012-132, being a by-law to enter into an Automatic Aid
Agreement with the County of Norfolk be presented to Council for enactment."
CARRIED UNANIMOUSLY
9. FINANCE,ADMINISTRATION & PERSONNEL
(a) Cheque Register being Cheque#013544 to Cheque#013659 inclusive, except Cheques
#013495,#013496, #013541 and#013596 totaling $1,824,703.15 and Payroll
Disbursements for the period ending December 9, 2012 totaling$101,829.71.
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Council Minutes December 20, 2012
2012-613
Moved by Acting Deputy Mayor W Casier
Seconded by Councillor E Ketchabaw
"THAT Cheque Register being Cheque#013544 to Cheque#013659 inclusive,
except Cheques #013495, #013496,#013541 and#013596 totaling$1,824,703.15 and
Payroll Disbursements for the period ending December 9,2012 totaling$101,829.71
be approved."
(b) Correspondence dated November 22, 2012 from Long Point Region Conservation
Authority regarding 2013 Draft LPRCA Budget.
Bayham Alternative Land Use Services (ALUS) Program Public Advisory Committee
(PAC)minutes of meeting held July 23, September 11 and October 25, 2012.
File: A16/F05/C06
2012-614
Moved by Councillor E Ketchabaw
Seconded by Acting Deputy Mayor W Casier
"THAT the Council of the Municipality of Bayham supports the 2013 LPRCA draft
budget as presented;
AND THAT the ALUS program meeting minutes of July 23, September 11 and
October 25, 2012 be received for information."
CARRIED UNANIMOUSLY
(c) Staff Report L2012-06 regarding Municipal Insurance Renewal -2013.
File: L5.1
2012-615
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT the 2013 Municipal insurance program be obtained from Frank Cowan
Company Limited in accordance with the offer to renew dated December 4, 2012, at
a total premium of$101,180 plus applicable taxes."
CARRIED UNANIMOUSLY
(d) Staff Report F2012-22 regarding Municipal Infrastructure Strategy Phase 2 Grant
Program.
File: Fll
The Treasurer noted that a municipality is restricted to participate in one application only.
The proposal is to address erosion concerns regarding the waterline along Dexter Road,
in partnership with the Township of Malahide, who will be the lead applicant. It is
uncertain whether the waterline or the road will have to be relocated.
Page 7 of 10
Council Minutes December 20, 2012
2012-616
Moved by Councillor E Ketchabaw
Seconded by Acting Deputy Mayor W Casier
"THAT Council of the Municipality of Bayham authorize staff to participate in
submission of a joint Expression of Interest to the Municipal Infrastructure
Strategy Phase 2 Program for the Dexter Line Water Main Project."
CARRIED UNANIMOUSLY
(e) Staff Memorandum 2012-Memo 20 regarding Amber Energy-Proposal for Municipal
Buildings.
File: E06 FIT
Council requested this item be placed on the January 10, 2013 agenda for consideration.
(f) Memorandum C2012-11 regarding By-election.
File: C07
2012-617
Moved by Councillor T Southwick
Seconded by Acting Deputy Mayor W Casier
"THAT By-Law 2012-131,being a By-Law to provide for a by-election to fill the
vacancy of Deputy Mayor for the Corporation of the Municipality of Bayham,be
presented to Council for enactment."
CARRIED UNANIMOUSLY
(g) Staff Report PR2012-13 regarding Land Acquisition- Richmond Community Water.
File: L04
2012-618
Moved by Councillor E Ketchabaw
Seconded by Acting Deputy Mayor W Casier
"THAT By-Law 2012-129,being a By-Law to authorize the acquisition of lands
described as Part of Lot 111, Concession South of Talbot Road, designated as Part 1
on Plan 11R-9578, be presented to Council for enactment."
CARRIED UNANIMOUSLY
(h) Project Ojibwa Report to Bayham Council from The Elgin Military Museum.
File: D06/L04
Mayor Ens noted that a similar report had been submitted by the Military Museum to
Elgin County Council.
Page 8 of 10
Council Minutes December 20, 2012
2012-619
Moved by Acting Deputy Mayor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Report to Bayham Council November, 2012 be received for
information."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
No Items
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2012-620
Moved by Acting Deputy Mayor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Council do now rise to enter into an "In Camera" Session of Committee
of the Whole at 8:30 p.m. to discuss:
• the security of the property of the municipality or local board;
• advice that is subject to solicitor-client privilege, including communications
necessary for that purpose."
CARRIED UNANIMOUSLY
(b) Closed session minutes of the regular meeting of Council held December 20, 2012.
(c) Confidential Report regarding advice that is subject to solicitor-client privilege,
including communications necessary for that purpose. (NRG Franchise Agreement-
Bayham)
(d) Confidential Report regarding the security of the property of the Municipality or local
Board (Project Ojibwa)
(e) Out of Camera
2012-621
Moved by Councillor E Ketchabaw
Seconded by Acting Deputy Mayor W Casier
"THAT the Committee of the Whole do now rise from the "In Camera" session
at 8:45 p.m."
CARRIED UNANIMOUSLY
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Council Minutes December 20, 2012
12. BY-LAWS
(a) By-Law 2012-129 A By-Law to authorize the purchase of real Property (Part Lot
111, Concession STR)
(b) By-Law 2012-130 A By-Law to further amend By-Law 2002-98 (Non Union
Personnel Policy)
(c) By-Law 2012-131 A By-Law to provide for a By-Election (Deputy Mayor Vacancy)
(d) By-Law 2012-132 A By-Law to authorize the execution of an
agreement (Automatic Aid Norfolk County)
2012-622
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT By-Laws 2012-129, 2012-130,2012-131 and 2012-132 be read a first, second
and third time and finally passed."
CARRIED UNANIMOUSLY
(e) By-Law 2012-133 A By-Law to confirm all actions of Council
2012-623
Moved by Councillor T Southwick
Seconded by Acting Deputy Mayor W Casier
"THAT confirming By-Law 2012-133 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2012-624
Moved by Councillor T Southwick
Seconded by Acting Deputy Mayor W Casier
"THAT the Council meeting be adjourned at 8:47 p.m."
CARRIED UNANIMOUSLY
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