HomeMy WebLinkAboutAugust 02, 2012 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
August 2,2012
7:00 P.M.
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,
August 2, 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.
Fire Chief/By-Law Enforcement Officer Gord Roesch, Chief Building Official/Drainage
Superintendent Bill Knifton and Water Wastewater Superintendent Ed Roloson were in
attendance to present their respective reports.
Ian Raven and Dan MacNeil, Elgin Military Museum, were in attendance regarding item 9(c).
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 special meeting of Council held July 16, 2012.
2012-389
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT the minutes of the special meeting of Council be approved as circulated."
CARRIED UNANIMOUSLY
(b) Minutes of the regular meeting of Council held July 19, 2012.
2012-390
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT the minutes of the regular meeting held July 19, 2012 be approved as
circulated."
CARRIED UNANIMOUSLY
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Council Minutes August 02, 2012
(c) Added Item(s) None
4. DELEGATIONS, STATEMENTS AND UPDATES
1. DELEGATIONS
(a) 7:05 p.m. -Fran Southwick,Vienna Citizens Group, regarding update to fundraising
activities and seeking clarification of what must be accomplished by the group to the
satisfaction of council, in proceeding with town hall project.
Fran Southwick reported that the Vienna Citizens Group has raised around $3,000 to go toward
saving the Vienna Old Town Hall.
Ms. Southwick questioned what was necessary to determine work required, obtain estimates and
be able to apply for funding.
The Administrator advised there are two somewhat outdated engineer estimates existing. The
Ontario Trillium Foundation application requirements are posted on its website.
Ms. Southwick raised concerns that negative comments from municipal staff are hurting the
Group's efforts to save the building, suggesting that it was slated for demolition.
Council confirmed that no decision by Council concerning the building has been made.
Further discussion followed.
2. STATEMENTS BY COUNCIL
Deputy Mayor Mark Taylor announced that he expects to resign from his position by year
end as he will no longer qualify to hold his office.
Staff was requested to provide options to fill a vacancy for Council discussion at the next
meeting.
3. UPDATES ON PROJECTS
(a) Richmond Community Water
The Administrator commented that Stantec is on track and anticipates there will be new test
well(s)by mid-August.
(b) Harbour divestiture
There was nothing new to report.
5. INFORMATION ITEMS
(a) Ministry of Municipal Affairs correspondence dated July 19, 2012 regarding Broader
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Council Minutes August 02, 2012
Public Sector collective agreements.
File: A16
(b) Town of Tillsonburg Media Release regarding Canadian Snow Birds.
File: M06
(c) Elgin Group Police Services Board minutes of meeting held May 16, 2012.
File: C06
(d) Monte McNaughton, MPP Lambton-Kent-Middlesex correspondence dated July 18,
2012 regarding Bill 76, an Act to amend the Ontario Lottery and Gaming Act, 2012.
File: A16
(e) Capt. Russell Blais, CANUSA Ferry Lines correspondence dated July 16, 2012
regarding ferry service from Port Burwell to Ashtabula, Ohio.
File: D06
(f) Tillsonburg&District Multi-Service Centre correspondence dated May14, 2012 in
appreciation of donation.
File: M04
(g) Correspondence dated July 2,2012 from Bob Lozon in appreciation of support for
Masonic CHIP program.
File: M04
(h) Ministry of the Environment correspondence dated July 24, 2012 responding to request
for support of the Town of Minto resolution about source water protection.
File: C10
At Councillor Southwick's request, Council directed staff to prepare a letter in response to
comments by Kathleen Wynne, Minister of Municipal Affairs and Housing in her
correspondence dated July 19, 2012 that"Given that municipalities are separate governments,
which have their own duly elected representatives, the government's approach does not apply to
municipalities and municipal entities including police, fire and land ambulance." She failed to
acknowledge that it was the province that negotiates the OPP contract renewals on behalf of
municipalities, and continues to approve unsustainable contract settlements.
Correspondence is to be sent to the Minister and copied to Premier McGuinty, Jeff Yurek, MPP
and Affordable Sustainable Accountable Policing Mayors' Coalition(ASAP).
2012-391
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT item 5(a) through 5(h) be received for information."
CARRIED UNANIMOUSLY •
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Council Minutes August 02, 2012
6. PLANNING,DEVELOPMENT,RECREATION& TOURISM
(a) Staff Report D2012-34 regarding Waterfront Master Plan Proposal.
File: D06
2012-392
Moved by CouncillorE Ketchabaw
Seconded by Councillor W Casier
"THAT IBI Group be retained to conduct the Port Burwell Waterfront Master Plan
as outlined in their proposal dated June 29, 2012."
CARRIED UNANIMOUSLY
7. ROADS,AGRICULTURE &DRAINAGE
(a) Staff Report PR2012-08 regarding Road Closure Application-Bodsworth Road
Allowance.
File: T09
The Administrator advised that the time required to research and review the necessary
information would be beyond the usual consideration of$350 for such applications. Staff was
requested to consult with the applicant regarding reimbursement of costs before proceeding.
2012-393
Moved by Councillor T Souothwick
Seconded by Councillor E Ketchabaw
"THAT item 7(a) be deferred for staff consultations respecting costs."
CARRIED UNANIMOUSLY
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
(a) Staff Report P2012-016 regarding Straffordville Library Renovations.
File: A19
Bill Knifton, CBO provided Council with a summary of the bids received and recommended
awarding the contract to the lowest bidder.
2012-394
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT Staff Report P2012-016 regarding information on the proposed
Straffordville Library renovations be received;
AND THAT Staff recommends awarding the construction contract to the lowest
bidder being Elgin Contracting and Restoration Ltd. in the amount of$103,000.00,
plus H.S.T."
CARRIED UNANIMOUSLY
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Council Minutes August 02, 2012
(b) Staff Report P2012-015 regarding Vienna Community Centre Renovations.
File: A19
The CBO advised that the scope of the work at the Vienna Community Centre is to bring the
building into compliance with the Fire Code.Necessary ductwork will be removed and re-
installed once the fire-rated drywall ceiling replacement is completed. It was requested that staff
also get quotes for repainting the hall for consideration at the next meeting. It is proposed that the
work will be completed within six weeks,beginning August 13th until the end of September.
2012-395
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT Council awards the construction contract for the Vienna Community
Centre renovations to Ed Mathews for$92,843.00 plus HST and contingency;
AND THAT costs for this renovation project over the amount in the 2012 budget be
drawn from the Vienna Community Centre Reserve Fund"
CARRIED UNANIMOUSLY
(c) Staff Report P2012-014 regarding Lottery Licensing -Elgin Military Museum.
File: P09
2012-396
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"That Staff Report P2012-014 regarding the Elgin Military Museum's Application
for Lottery Licensing Eligibility be received for information."
CARRIED UNANIMOUSLY
(d) Staff Report P2012-017 regarding Optimist Noise Exemption.
File: P01
2012-397
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT Staff Report P2012-017 be received;
AND THAT Council grant an exemption from By-Law 2001-057, for Friday August
3rd, 2012 11pm until midnight, Saturday August 4th 2012 11pm until midnight and
Sunday August 5th,2012 11pm until midnight."
CARRIED UNANIMOUSLY
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Council Minutes August 02, 2012
9. FINANCE,ADMINISTRATION & PERSONNEL
(a) Cheque Register being Cheque#012874 to Cheque#012957 inclusive, totaling
$256,142.02 and Payroll Disbursements for the period ending July 22, 2012 totaling
$57,353.77.
2012-398
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT the Cheque Register being Cheque#012874 to Cheque#012957 inclusive,
totaling$256,142.02 and Payroll Disbursements for the period ending July 22,2012
totaling$57,353.77 be approved."
CARRIED UNANIMOUSLY
(b) Staff Report F2012-15 regarding Write-off of Taxes.
File: F23
2012-399
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT By-law 2012-088, being a by-law to write-off taxes, be presented for
enactment."
CARRIED UNANIMOUSLY
(c) Staff Report F2012-016 regarding a Letter of Credit Facility.
File: L04
Staff circulated Schedule "A"to By-law 2012-089. Council discussed the proposed financial
arrangements outlined in the report compared to the requirements of the guarantor agreement.
Concerns were raised that the Elgin Military Museum financing request goes beyond the re-
location of the sub to Port Burwell, as was contemplated in the agreement.
Mr. Raven and Mr. MacNeil responded to Council's querries. Restoration and preparation of the
sub for display will be further discussed at the next meeting.
A recorded vote was requested by Councillor Casier.
2012-400
Moved by Deputy Mayor M Taylor
Seconded by Councillor T Southwick
"THAT By-law No. 2012-089,being a bylaw to authorize an Irrevocable Standby
Letter of Credit Facility with the Royal Bank of Canada,be presented for
enactment."
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Council Minutes August 02, 2012
In Favour Opposed
Casier X
Ens X
Ketchabaw X
Southwick X
Taylor X
MOTION CARRIED ON A RECORDED VOTE OF 3 TO 2 IN FAVOUR
2012-401
Moved by Councillor T Southwick
Seconded by Deputy Mayor M Taylor
"THAT consideration of the sandblast and paint by Heddle Marine, as proposed by
the Elgin Military Museum in their letter dated July 27, 2012 be deferred."
CARRIED UNANIMOUSLY
(d) Staff Report F2012-17 regarding Community Infrastructure Improvement Fund.
File: Flt
Fire Chief Gord Roesch advised Council of the proposed steps to promote and enhance safety in
the Port Burwell beach and pier area. Emergency and caution signage,buoys, life rings and
double-sided emergency and caution signage will be incorporated and monitored by public
works and fire department personnel.
Mr. Bob Klein, who had submitted comments, encouraged Council to support the
recommendations provided by staff.
2012-402
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"1. THAT Council approves an application for the Vienna Community Centre
Renovations project under the Community Infrastructure Improvement Fund
(CIIF) for 33.3% funding, and that this project be the first priority.
2. THAT Council approves an application for Barrier Free Renovations at the
Straffordville Community Centre under the Community Infrastructure
Improvement Fund (CIIF) for 50% funding, and that this project be the second
priority."
CARRIED UNANIMOUSLY
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Council Minutes August 02, 2012
(e) Staff Report P2012-018 regarding East Beach Review.
File: P16
2012-403
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT Staff report 2012-018 be received;
AND THAT staff move forward and install the signage,life safety equipment and
control buoys as outlined in the report,providing the project does not exceed the
cost estimate provided."
CARRIED UNANIMOUSLY
(f) Harbourfront Committee minutes of meeting held July 10, 2012.
File: C06
2012-404
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT the Harbourfront Committee minutes of the meeting held July 10,2012 be
received for information."
CARRIED UNANIMOUSLY
(g) Request for discussion of using alternative sites for the conduct of regular Council
meetings.
Council discussed and agreed to determine to hold regular Council meetings in
alternative locations on a case by case basis.
(h) MOTION TO EXTEND LENGTH OF MEETING
2012-405
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"THAT in accordance with Section 12 of the Procedural By-law 2002-93, Council
shall deal with business until 11:00 p.m. at its meeting of August 2, 2012."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
(a) Bayham Water Distribution System Quarterly Report and call-ins for the period ending
June 30, 2012.
File: E08
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Council Minutes August 02, 2012
2012-406
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Bayham Water Distribution System Quarterly Report and call-ins for
the period ending June 30, 2012 be received for information."
CARRIED UNANIMOUSLY
(b) Bayham Small Municipal Non-Residential Wells Quarterly Report for the period
ending June 30, 2012.
File: E08
2012-407
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"THAT the Bayham Small Municipal Non-Residential Wells Quarterly Report for
the period ending June 30, 2012 be received for information."
CARRIED UNANIMOUSLY
(c) Richmond Community Water System Quarterly Report and call-ins for the period
ending June 30, 2012.
File: E08
2012-408
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT the Quarterly Report for the Richmond Community Water System and
call-ins for the period ending June 30,2012 be received for information."
CARRIED UNANIMOUSLY
(d) Port Burwell Wastewater Treatment Plant Quarterly Compliance Summary and call-ins
for the period ending June 30, 2012.
File: E08
2012-409
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the Port Burwell Wastewater Treatment Plant Quarterly Compliance
Summary and call-ins for the period ending June 30,2012 be received for
information."
CARRIED UNANIMOUSLY
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Council Minutes_ August 02, 2012
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2012-410
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"THAT the Council do now rise to enter into an "In Camera" Session of Committee
of the Whole at 11:10 p.m. to discuss:
• 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 July 19, 2012.
(c) Confidential correspondence regarding advice that is subject to solicitor-client
privilege, including communications necessary for that purpose. (NRG Franchise
Agreement.)
(d) Out of Camera.
2012-411
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT the Committee of the Whole do now rise from the "In Camera" session at
11:20 p.m."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-law 2012-088 A By-law to authorize the write-off of taxes
(b) By-law 2012-089 A By-law to Authorize a Letter of Credit Facility
(c) By-law 2012-090 A By-law to authorize an agreement with CUPE
2012-412
Moved by Councillor T Southwick
Seconded by Deputy Mayor M Taylor
"THAT By-laws 2012-088 and 2012-090 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
2012-413
Moved by Deputy Mayor M Taylor
Seconded by Councillor T Southwick
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Council Minutes August 02, 2012
"THAT By-law 2012-089 be read a first, second and third time and finally passed."
CARRIED
(d) By-Law 2012-091 A By-Law to confirm all actions of Council
2012-414
Moved by Councillor T Southwick
Seconded by Deputy Mayor M Taylor
"THAT confirming By-Law 2012-091 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2012-415
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"THAT the Council meeting be adjourned at 11:25 p.m."
CARRIED UNANIMOUSLY
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MA OR CLARK
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