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HomeMy WebLinkAboutOctober 09, 2012 - Special Council COUNCIL MINUTES SPECIAL MEETING THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Tuesday,October 9, 2012 7:00 p.m. Council Chambers The special meeting of Council of the Municipality of Bayham was held on Tuesday, October 9, 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. Elgin Military Museum representatives Executive Director Ian Raven, Board Vice-president Lynn Acre &Fundraiser Allen Witherall were present to respond to questions raised by Council. Barry Card, Solicitor for the Municipality, was also present. There were approximately forty members of the public present. 1. CALL TO ORDER Mayor Ens called the meeting to order at 7:00 p.m. 2. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None 3. ADMINISTRATION (a) Consideration of the extension of the Guarantor Agreement with the Elgin Military Museum. File: L04 Mayor Ens advised those present that some of the financial information provided by the Elgin Military Museum is confidential and will not be available to the public. Administrator Kruger noted that Council passed a resolution on March 15, 2012 to provide loan guarantees up to a maximum of 6 million dollars for the Elgin Military Museum for eligible expenses incurred between March 23 and September 30, 2012. He added that the works are still underway and the Museum Board has requested that the loan guarantee continue until November 14th,the proposed new arrival date for the Ojibwa submarine. Questions posed by Council included: • how much has been spent on the project to September 30; • what's the plan if expenses go over the $6 million; • what's going on with the fundraising; • is the fundraising do-able; Page 1 of 4 Council Special Meeting Minutes October 09, 2012 • why did it take so long to obtain a fundraiser, why not initiated in 2010 or 2011; • the business plan predicts repayment over 25 years, however the bank loan is to be repaid in seven years,how will they repay at a million per year; • why was completion of the bank arrangements delayed; • has the primary fund 1 been established; • six persons are expected to be hired through the Jobs Creation Partnership program, where will the supplies come from for them to work with; • how much work or supplies have been provided locally; • what would happen if agreement is not extended. Responses from Mr. Raven and Mr. Witherall included: • currently spent is 2.5 to 3 million with commitments up to 5 million dollars, the cost of insurance coverage has not yet been determined; • if over, cuts would be made where possible, other sources would be looked at including federal and provincial funds; • the fund-raising is do-able,potential larger donors drive the fundraising agenda, donor records are confidential and cannot be shared; some donors prefer to contribute gifts in kind such as supplies or sponsorships; donations may be contingent on the vessel's arrival; • banks provide funds based on the business plan, there is no allowance for fundraising; usually borrowing authorization can be completed in 45 days,this situation took 119 days to complete • in several cases, costs have been higher than was estimated; • there was difficulty with the condition that the Port Burwell property revert back to the Municipality should the project not proceed, the bank wants to have an encumbrance on both properties,the primary fund will be extended; • access to professional assistance is available through colleagues in the museum sector organizations such as the Ontario Museum Association, the Canadian Museums Association and the Canadian Conservation Institute; • there are not major contractors in Bayham; moving forward, local contractors will be used if competitive; • other funding sources would be sought. 4. COMMITTEE OF THE WHOLE (a) In Camera 2012-492 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 7:48 p.m. to discuss advice that is subject to solicitor- client privilege,including communications necessary for that purpose." CARRIED UNANIMOUSLY Page 2 of 4 Council Special Meeting Minutes October 09, 2012 (b) Discussion regarding a confidential matter including advice that is subject to solicitor- client privilege, including communications necessary for that purpose. (Project Ojibwa) File: L04 (c) Out of Camera 2012-493 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 8:15 p.m." CARRIED UNANIMOUSLY (d) Comments and concerns raised after the closed session included: • most of the money is already spent or committed, there will be no way to repay the funds if the extension is not granted; • it's a great idea to save military history, however, there's not going to be a payback so should end the agreement now; • we believed in the project but are disappointed in the fundraising aspect; if the project is dropped there'd be more debt and no Elgin Military Museum or Ojibwa to show for it. 2012-494 Moved by Councillor T Southwick Seconded by Deputy Mayor Mark Taylor "WHEREAS Council adopted a resolution March 15,2012 to provide for loan guarantees on behalf of the Elgin Military Museum for Project Ojibwa to a maximum of$6 million, and the resolution included provision that such loan would be exclusively for expenses incurred between March 23rd,2012 and September 30th,2012; AND WHEREAS the Municipality of Bayham subsequently entered into a Guarantor Agreement with the Elgin Military Museum as authorized by By-law 2012-037 passed April 5, 2012, and such agreement provides in part that eligible expenses are only those incurred commencing March 23rd, 2012 and terminating approximately September 8th,2012; NOW THEREFORE the Council of the Municpality of Bayham resolves as follows: 1. THAT the Municipality of Bayham extends the period for eligible expenditures for the relocation of the HMCS Ojibwa to November 30th,2012; 2. THAT the extension of the termination date in Paragraph 1 is subject to acknowledgement in writing from the Elgin Military Museum; Page 3 of 4 Council Special Meeting Minutes October 09, 2012 3. THAT all other provisions of the subject Guarantor Agreement remain in full force and effect." 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 5. BY-LAWS (a) By-law 2012-105 A By-law to confirm all actions of Council 2012-495 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT confirming By-law 2012-105 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY 6. ADJOURNMENT (a) Adjournment 2012-496 Moved by Councillor T Southwick Seconded by Councillor W Casier "THAT the special Council meeting be adjourned at 8:25 p.m." CARRIED UNANIMOUSLY GicR-\-CN 'La O' CLEO Page 4 of 4