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HomeMy WebLinkAboutJanuary 12, 2012 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville January 12, 2012 7:00 p.m. The regular meeting of the Council of the Municipality of Bayham was held on Thursday, January 12, 2012 in the Council Chambers. Present were Mayor Paul Ens, Deputy Mayor Mark Taylor, Councillors Tom Southwick, Wayne Casier and Ed Ketchabaw, Administrator Kyle Kruger and Clerk Lynda Millard. Chief Building Official/Drainage Superintendent Bill Knifton and Treasurer David Aristone were in attendance to present their respective 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 None. 3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS (a) Minutes of the regular meeting of Council held December 15, 2011. 2012-001 Moved by Councillor W Casier Seconded by Deputy Mayor M Taylor "THAT the minutes of the regular meeting held December 15, 2011 be approved as circulated." CARRIED UNANIMOUSLY (b) Added Item(s) There were no items added to the agenda. 4. DELEGATIONS (a) 7:05 p.m. -Jan Collins,representative for the "Saving the Vienna Town Hall" group Mayor Ens requested that an outline of the purpose for the delegation would be appreciated, in advance, as it would allow Council and the public an opportunity to peruse the material and be better able to respond to any questions. Jan Collins, on behalf of the Vienna Citizens Group,provided a handout and requested that Council give permission for them to use the front part of the Library building for meetings and Page 1 of 9 Council Minutes January 12, 2012 fundraising events. She wondered if the volunteers would be able to fix it sufficiently for it to be used and whether repairs could be done in stages. She was advised that, as the building has been deemed to be unsafe for public use, an engineer's inspection and report would be necessary to determine what repairs are necessary to make the building safe for public use and the cost of those repairs. Staff was requested to get a price quote for such a report. Ms. Collins asked about getting a license for a penny sale and a fee waiver to use the basement at the Vienna Community Centre. It was noted that an application would have to come from a qualified not for profit organization. Staff is to provide application forms for Municipal Assistance and a lottery license to hold a penny sale. It was also noted that the Vienna group is free to make inquiries regarding other sources of grants and funding. 2011-002 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the Vienna Group be granted a fee waiver to use the Vienna Community Centre for a Penny Sale, cleaning fee only to apply." CARRIED UNANIMOUSLY 5. INFORMATION ITEMS (a) Draft Minutes for the Bayham Community Centres Committee for the meeting held December 21, 2011. File: C06 (b) Correspondence from Elgin County dated December 13, 2011 announcing "Walters new Elgin County Warden". File: M06 (c) Correspondence from the Municipality of Clarington dated December 20, 2011 regarding "Special Provincial Funding to Cover Municipal Deficits". File: C10 Staff was requested to obtain additional information from the Municipality of Clarington. (d) Correspondence from the Municipality of Clarington dated December 20, 2011 regarding "Request for Provincial Regulations Regarding Commercial Fill Operations". File: C10 (e) Correspondence from Fisheries and Oceans Canada dated December 20, 2011 regarding "Proposed listing of the Silver Lamprey as a species of special concern under the federal Species at Risk Act". Page 2 of 9 Council Minutes January 12, 2012 File: A16 Councillor Ketchabaw noted there are discrepancies in information between Fisheries and Oceans Canada who want to protect the Silver Lamprey and efforts by the Long Point Region Conservation Authority which is attempting to control access upstream of river mouths. He is to check with LPRCA in this regard and to determine whether a presence of the species will affect harbour dredging timeframes. (f) Correspondence from the Ontario Trucking Association dated December 19, 2011 providing a copy of the "Local Truck Routes: A Guide for Municipal Officials". (copy of guide available) File: A01 (g) Correspondence from the South Central Ontario Economic Development Corporation (SCOR) dated December 14, 2011 regarding their recent activities. File: A01 (h) Correspondence from the Municipal Employer Pension Centre of Ontario (MEPCO) dated December 19, 2011 regarding their Annual Report 2010. (copy of Annual Report available) File: A01 Staff was requested to circulate the full report by email. 2012-003 Moved by Councillor W Casier Seconded by Deputy Mayor M Taylor "THAT Information Items 5(a) through 5(h) be received for information." CARRIED UNANIMOUSLY 6. PLANNING,DEVELOPMENT, RECREATION& TOURISM 7. ROADS,AGRICULTURE &DRAINAGE (a) Staff Report PR2012-01 regarding a Road Closure Application-Pt Donnelly Dr., Plan 205, Straffordville File: T09 Staff noted that the applicant is seeking conveyance of both halves of the portion of Donnelly Drive under consideration,however, contrary to the opinion of the Municipal Solicitor, Mr. Szorneyi claims the applicant is already the owner. Council indicated interest in obtaining public input prior to making a decision regarding conveyance. Page 3 of 9 Council Minutes January 12, 2012 2012-004 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 close a portion of the unopened road allowance being part of Donnelly Drive,Plan 205 (formerly Dutton Street)lying between Sandytown Road and Mill Street in the Village of Straffordville,provided the applicant pays the required expenses and that upon closure of the road allowance,the lands be conveyed at appraised value." CARRIED (b) Staff Report PR2012-02 regarding the Road Closure Application-Portion of Elgin Street, Plan 205, Straffordville. (Draft By-law 2012-004) File: T09 Staff noted that the appraisal provided reflects the property as a potential building lot, resulting in a considerable higher value than if considered as a portion of a road allowance. It was confirmed that the applicant is not yet aware of the value placed on the property. Staff was requested to provide this information to Mr. Szorenyi prior to further consideration. The Mayor opened the discussion to public input,however there was no response. 2012-005 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT item 7(b) be deferred." CARRIED UNANIMOUSLY (c) Staff Report F2012-2 regarding the Final Assessments Municipal Drain No. 1. (Draft By-law 2012-008) File: CO1 2012-006 Moved by Deputy Mayor M Taylor Seconded by Councillor.W.Casier "THAT By-law 2012-008, being a by-law to amend the assessment schedule for the Municipal Drain No. 1 based upon the actual costs incurred for constructing the drainage works, be presented for enactment." CARRIED UNANIMOUSLY 8. PROPERTY,BUILDING& PROTECTIVE SERVICES (a) Building Permit Report for the month of December 2011 - Permit# 116 File: P10 Page 4 of 9 Council Minutes January 12, 2012 2012-007 Moved by Councillor E Ketchabaw Seconded by Deputy Mayor M Taylor "THAT the Building Permit Report for the month of December 2011 be received for information." CARRIED UNANIMOUSLY (b) Staff Report P2012-001 regarding the Building Department Year End Report 2011 and proposed rate changes File: P10 2012-008 Moved by Deputy Mayor M Taylor Seconded by Councillor E Ketchabaw "THAT the 2011 Building Permit Year End Report be received for information; AND THAT staff be directed to prepare an amending By-law to incorporate proposed Buidling Fee changes." CARRIED UNANIMOUSLY 9. FINANCE, ADMINISTRATION& PERSONNEL (a) Cheque Register being Cheque#011651 to Cheque#011783 inclusive, except Cheques #010806 totaling$1,997,716.87 and Two Payroll Disbursements for the periods ending December 11, 2011 totaling$103,418.87 and ending December 25, 2011 totaling $45,393.60. 2012-009 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Cheque Register being Cheque#011651 to Cheque#011783 inclusive, except Cheque#010806,totaling $1,997,716.87 and Two Payroll Disbursements for the periods ending December 11,2011 totaling $103,418.87 and ending December 25, 2011 totaling$45,393.60 be approved." CARRIED UNANIMOUSLY (b) Staff Report H2012-01 regarding the Municipal Internship Program joint application. File: H 2011-010 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Council confirm agreement that the Municipality of Central Elgin will be the Managing Partner for the joint application with the Municipality of Central Page 5 of 9 Council Minutes January 12, 2012 Elgin and the Township of Malahide for the Ontario Municipal Internship Program for the 2012/2013 program." CARRIED UNANIMOUSLY (c) Municipality of Bayham Health& Safety Policy Statement File: A09 2011-011 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the Municipality of Bayham Health and Safety Policy Statement be approved." CARRIED UNANIMOUSLY (d) Staff Report F2012-01 regarding Yearly Update to By-laws (Draft By-laws 2012-003 &2012-007) File: CO1 2011-012 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw "THAT By-law 2012-007, being a by-law to provide for an Interim Tax Levy for 2012, be presented for enactment; AND THAT By-law 2012-003,being a by-law to authorize borrowing from time to time to meet current expenditures during the fiscal year ending December 31, 2012, be presented for enactment." CARRIED UNANIMOUSLY (e) Staff Report C2012-01 regarding 2012 Committee/Board Appointments (Draft By-law 2012-001) File: C12 Councillor Southwick advised that he would prefer that another member be appointed as the Doors Open representative. It was requested that committee appointees be requested to review their respective mandates. 2012-013 Moved by Councillor E Ketchabaw Seconded by Deputy Mayor M Taylor "THAT Staff Report C2012-001 regarding Committee/Board Appointments be received; Page 6 of 9 Council Minutes January 12, 2012 AND THAT By-law 2012-001, being a by-law to appoint members to the various boards and committees of Council, as discussed, be presented to Council for enactment." CARRIED UNANIMOUSLY 10. ENVIRONMENT (a) Staff Report E2012-01 regarding the City of London- Recyclables Processing Agreement. (Draft By-law 2012-006) File: L04 Staff noted that it is intended that recyclables be sent to the London facility, however, this may depend on the successful waste management contractor. 2012-014 Moved by Deputy Mayor M Taylor Seconded by Councillor W Casier "THAT By-law 2012-006,being a by-law to authorize a Recyclables Agreement with the City of London, be presented to Council for enactment." CARRIED UNANIMOUSLY 2012-015 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT in accordance with Section 12 of Procedural By-law 2002-93,council shall deal with business until 11 p.m. at its meeting of January 12,2012." CARRIED UNANIMOUSLY 11. COMMITTEE OF THE WHOLE (a) In Camera. 2012-016 Moved by Councillor W Casier Seconded by Deputy Mayor M Taylor "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: • personal matters about an identifiable individual, including municipal or local board employees; • labour relations or employee negotiations; • litigation or potential litigation,including matters before administrative tribunals, affecting the municipality or local board." CARRIED UNANIMOUSLY Page 7 of 9 Council Minutes January 12, 2012 (b) Closed session minutes of the regular meeting of Council held December 1, 2011. (c) Closed session minutes of the special meeting of Council held December 5, 2011. (d) Closed session minutes of the regular meeting of Council held December 15, 2011. (e) Confidential Staff Memorandum C2011-15 regarding personal matters. (Contract Renewal) (f) Confidential Staff Report L2011-06 regarding litigation or potential litigation. (NRG Franchise Agreement) (g) Confidential Staff Report regarding labour relations or employee negotiations. (non- union) (h) Out of Camera. 2012-017 Moved by Deputy Mayor M Taylor Seconded by Councillor W Casier "THAT the Committee of the Whole do now rise from the "In Camera" session at 11:15 p.m." CARRIED UNANIMOUSLY 12. BY-LAWS (a) By-law 2012-001 By-law to Appoint Members to Boards and Committees (b) By-law 2012-003 By-law to Authorize Borrowing for Fiscal Year Ending Dec.31/12 (c) By-law 2012-004 By-law to stop up, close and convey street allowance(Elgin Street) (d) By-Law 2012-005 By-law to Authorize Agreement for Vienna Community Centre Management 2012-018 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT By-law 2012-005, being a by-law to authorize an agreement with Jackie Ringland for management services for the Vienna Community Centre, be presented to Council for enactment." DEFEATED 2012-019 Moved by Councillor E Ketchabaw Seconded by Deputy Mayor M Taylor Page 8 of 9 Council Minutes January 12, 2012 "THAT the contract be renewed with Jackie Ringland as requested for a one year term and By-law 2012-005 be amended accordingly." CARRIED UNANIMOUSLY (e) By-law 2012-006 By-law to Authorize Agreement with City of London(Recycling Services) (f) By-law 2012-007 By-law to Provide for Interim Tax Levy (g) By-Law 2012-008 By-law to Amend Assessment Schedule for No. 1 Drain 2012-020 Moved by Councillor W Casier Seconded by Deputy Mayor M Taylor "THAT By-laws 2012-001, 2012-003, 2012-005 as amended, 2012-006,2012-007 and 2012-008 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY (h) By-Law 2012-009 By-Law to confirm all actions of Council 2012-021 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw "THAT confirming By-Law 2012-009 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY 13. ADJOURNMENT (a) Adjournment 2012-022 Moved by Deputy Mayor M Taylor Seconded by Councillor T Southwick "THAT the Council meeting be adjourned at 11:22 p.m." CARRIED UNANIMOUSLY ft'ef A-tit CLERK Page 9 of 9