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THE CORPORATION OF THE MUNICIPALITY OF LAMBTON SHORES<br />

Date <strong>of</strong> Meeting: August 14, 2012<br />

Regular Council Meeting<br />

Members Present: Mayor Bill Weber<br />

Deputy Mayor Elizabeth Davis-Dagg<br />

Councillor Dave Maguire<br />

Councillor Doug Bonesteel<br />

Councillor Lorie Scott<br />

Councillor Ruth Illman<br />

Councillor Martin Underwood<br />

Councillor Doug Cook<br />

Councillor John Russell<br />

Staff Present:<br />

C.A.O. John Byrne<br />

Clerk Carol McKenzie<br />

Treasurer Janet Ferguson<br />

Director <strong>of</strong> Community Services Brent Kittmer<br />

Planner Patti Richardson<br />

Administrative Assistant Roberta Brandon<br />

1. CALL TO ORDER<br />

Mayor Weber called the meeting to order at 2:00 p.m.<br />

2. DECLARATION OF PECUNIARY OR CONFLICT OF INTEREST<br />

<strong>The</strong> Mayor asked members <strong>of</strong> Council to declare any pecuniary or conflict <strong>of</strong> interest<br />

that they may have and none were declared.<br />

3. CONFIDENTIAL<br />

Due to time constraints the Closed Session Minutes <strong>of</strong> the August 7, 2012 Council<br />

meeting were deferred to the September 4, 2012 Council meeting.<br />

4. CONSENT AGENDA<br />

<strong>The</strong>re were no items listed in the consent agenda for Council review.<br />

5. CONFIRMATION OF MINUTES FROM PREVIOUS MEETINGS<br />

<strong>The</strong>re were no minutes from previous meetings for Council review.<br />

6. DELEGATIONS, PUBLIC MEETINGS & PRESENTATIONS<br />

6.1 Gus Mumby and Jaclyn McGregor, BDO Canada LLP – Re: Audit<br />

Management Letters


Minutes <strong>of</strong> the August 14, 2012 Council Meeting<br />

<strong>The</strong> 2009, 2010 and 2011Audit Management letters were presented to Council by the<br />

Auditors, and Mr. Mumby noted that these audits were delayed as a result <strong>of</strong> the large<br />

amount <strong>of</strong> time it took to implement the new asset reporting requirements.<br />

In a review <strong>of</strong> these management letters Ms. McGregor provided details on areas where<br />

staff should consider updating policies and practices and it was noted that in most<br />

cases those areas identified were minor in nature.<br />

Mr. Mumby advised Council that the new section proposed in Public Sector Accounting<br />

establishing standards on how to account and report a liability associated with the<br />

remediation <strong>of</strong> a contaminated site will be up-coming and more information on this will<br />

be provided to Council at a later date.<br />

12-0814-01 Moved by: Councillor Scott<br />

Seconded by: Deputy Mayor Davis-Dagg<br />

That the Management Letters provided by BDO Canada LLP for the<br />

years 2009, 2010, and 2011 be received and the audited financial<br />

statements be posted in the municipal <strong>of</strong>fices and the <strong>Lambton</strong><br />

<strong>Shores</strong> web site.<br />

Carried<br />

7. CORRESPONDENCE & PETITIONS<br />

7.1 Mathew Wilson, A/Federal Co-Chair & Dino Radocchia, Provincial Co-Chair<br />

<strong>of</strong> the BCF-CC Joint Secretariat – Re: Building Canada Fund –<br />

Communities Component Project #24617 – Expansion & Upgrade <strong>of</strong> the<br />

Grand Bend Sewage Treatment Facility<br />

Council reviewed correspondence from the co-chairs <strong>of</strong> the Building Canada Fund,<br />

Communities Component advising that the <strong>Municipality</strong>’s recent request to extend the<br />

September 14, 2012 date to December 1, 2012 to submit a scope change outlining any<br />

proposed changes to the approved project or confirm that it is proceeding in accordance<br />

with the original description included under Schedule B <strong>of</strong> the CA was approved.<br />

12-0814-02 Moved by: Deputy Mayor Davis-Dagg<br />

Seconded by: Councillor Scott<br />

That a letter be sent to the Co-Chairs <strong>of</strong> the Building Canada Fund<br />

– Community Component, expressing appreciation for the deadline<br />

extension to December 1, 2012, and advising <strong>of</strong> the municipality’s<br />

intent to meet the requirements in the August 8, 2012<br />

correspondence.<br />

Carried<br />

Discussion ensued as to what authority the Building Canada Funding – Communities<br />

Component has in withholding payment for claims by the <strong>Municipality</strong> and Council<br />

agreed to seek a legal opinion on this matter.


Minutes <strong>of</strong> the August 14, 2012 Council Meeting<br />

12-0814-03 Moved by: Councillor Bonesteel<br />

Seconded by: Councillor Scott<br />

That a legal opinion be sought on the decision <strong>of</strong> the Co-Chairs <strong>of</strong><br />

the Building Canada Fund – Community Component rendered in<br />

the August 8, 2012 correspondence that “claim 11” will be held in<br />

abeyance, in accordance with section 4.12 <strong>of</strong> the C.A., until such<br />

time as a formal request to alter the project is submitted by the<br />

<strong>Municipality</strong> or the municipality attests that the project will proceed<br />

in accordance with Schedule “B” <strong>of</strong> the C.A. Carried<br />

8. CONSIDERATION OF COMMITTEE MINUTES AND STAFF REPORTS<br />

8.1 C.A.O. Report No. 61-2012 – Re: Communications Survey<br />

Information was provided to Council in C.A.O. Report No. 61-2012 on the variety <strong>of</strong><br />

ways the <strong>Municipality</strong> has used to reach out to the community to keep the residents<br />

informed about what is happening.<br />

Council had previously agreed to conduct a survey on public perceptions as to how the<br />

<strong>Municipality</strong>’s business is conducted and that proposed survey was presented to<br />

Council for approval.<br />

12-0814-04 Moved by: Deputy Mayor Davis Dagg<br />

Seconded by: Councillor Russell<br />

That the staff proceed with the circulation <strong>of</strong> the “communication<br />

survey” as soon as possible, through the “survey monkey” process,<br />

and that the availability <strong>of</strong> the survey be advertised , using all the<br />

modes <strong>of</strong> communication available, including the “Living in <strong>Lambton</strong><br />

<strong>Shores</strong>”, website, newsletters, rolling screens, etc. Carried<br />

8.2 D.C.S. Report No. 71-2012 – Re: Grand Bend Area Sewage Treatment<br />

Facility – Work Group Final Report<br />

Council reviewed D.C.S Report No. 71-2012 and viewed a PowerPoint presented by Mr.<br />

Mike Gundry, P. Eng. from Stantec regarding the Grand Bend Area Sewage Treatment<br />

Facility Working Group’s final report.<br />

A recorded vote was requested on the following motion:<br />

12-0814-05 Moved by: Councillor Illman<br />

Seconded by: Councillor Maguire<br />

That a public meeting be held to obtain feedback from the<br />

residents <strong>of</strong> Zones 3 and 4 on the proposed options for the Grand<br />

Bend sewage treatment plant, and to ensure they are aware that<br />

any future expansion <strong>of</strong> the plant will be at the full cost to the<br />

residents.<br />

Motion Defeated


Minutes <strong>of</strong> the August 14, 2012 Council Meeting<br />

Those in favour:<br />

Councillor Illman<br />

Councillor Cook<br />

Mayor Weber<br />

Councillor Maguire<br />

Those opposed:<br />

Councillor Russell<br />

Councillor Underwood<br />

Councillor Bonesteel<br />

Councillor Scott<br />

Deputy Mayor Davis-Dagg.<br />

A recorded vote was requested on the following motion:<br />

12-0814-05 Moved by: Councillor Underwood<br />

Seconded by: Councillor Bonesteel<br />

That Option 3, being an Orbal process with flow equalization and<br />

value engineering, be selected as the preferred alternative for the<br />

Grand Bend Sewage Treatment Plant, and that that preferred<br />

process include an ESR “addendum”.<br />

Carried<br />

Those in favour:<br />

Councillor Russell<br />

Councillor Underwood<br />

Councillor Bonesteel<br />

Councillor Scott<br />

Deputy Mayor Davis-Dagg<br />

Those opposed:<br />

Councillor Illman<br />

Councillor Cook<br />

Mayor Weber<br />

Councillor Maguire<br />

<strong>The</strong> importance <strong>of</strong> notifying the representatives <strong>of</strong> the Building Canada Fund <strong>of</strong><br />

Council’s decision to proceed with Option #3, being the Orbal process, was discussed<br />

and it was agreed that they be advised as soon as possible in order to get the support<br />

the Sewage Treatment Board needs to proceed.<br />

12-0814-06 Moved by: Councillor Scott<br />

Seconded by: Deputy Mayor Davis-Dagg


Minutes <strong>of</strong> the August 14, 2012 Council Meeting<br />

That the Building Canada Fund – Community Component be<br />

advised that the Orbal process with flow equalization and value<br />

engineering has been selected as the preferred alternative for the<br />

Grand Bend Sewage Treatment Plant and that staff be directed to<br />

apply for the appropriate change in project scope. Carried<br />

12-0814-07 Moved by: Councillor Russell<br />

Seconded by: Councillor Illman<br />

That the Staff recommendations contained in D.C.S. Report No. 71-<br />

2012 be approved, together with all actions necessary to meet the<br />

project granting guidelines.<br />

Carried<br />

In order to move forward it was agreed that the Working Group be disbanded and a<br />

technical committee be formed <strong>of</strong> staff and engineers to allow the Board to proceed with<br />

this project and in addition to this, that a new joint agreement be developed for review<br />

and approval by the Board.<br />

12-0814-08 Moved by: Councillor Illman<br />

Seconded by: Councillor Russell<br />

That a recommendation be made to the Joint Board for the Grand<br />

Bend Sewage Project that the “working group” be dissolved, and a<br />

technical steering committee comprised <strong>of</strong> staff and engineers be<br />

struck.<br />

Carried<br />

12-0814-09 Moved by: Councillor Russell<br />

Seconded by: Councillor Scott<br />

That the Joint Board considers a formal “operating agreement” as a<br />

priority<br />

Carried<br />

8.3 D.C.S. Report No. 72-2012 – Re: South Huron Request – Re: Grand Bend<br />

Pump Station #2<br />

Council agreed that the request from South Huron regarding the Grand Bend Pump<br />

Station #2 be deferred for discussion at the August 17 th meeting <strong>of</strong> the Grand Bend<br />

Sewage Treatment Facility Board.<br />

8.4 D.C.S. Report No. 73-2012 – RE: Grand Bend Water Meter Replacement<br />

Program – RFP Award<br />

<strong>The</strong> results <strong>of</strong> the Request for Proposals for the Grand Bend Water Meter Replacement<br />

Program were provided in D.C.S. Report No. 73-2012.<br />

12-0814-10 Moved by: Councillor Underwood<br />

Seconded by: Deputy Mayor Davis-Dagg


Minutes <strong>of</strong> the August 14, 2012 Council Meeting<br />

That D.C.S. Report No. 73-2012 be approved; and further that the<br />

<strong>Municipality</strong> <strong>of</strong> <strong>Lambton</strong> <strong>Shores</strong> enter into an agreement with<br />

Neptune Technology Group to complete the proposed Grand Bend<br />

Water Meter Replacement Program for the tendered amount <strong>of</strong><br />

$253,665.79 inclusive <strong>of</strong> HST; and further<br />

That By-law 96-2012 authorizing the Mayor and Clerk to sign the<br />

associated contract agreement be approved. Carried<br />

TR Report No. 50-2012 regarding the Audit Management letters was dealt with during<br />

the delegation portion <strong>of</strong> the Council meeting.<br />

8.6 CL Report No. 94-2012 – Re: A By-law to Amend Certain Building Fees<br />

<strong>The</strong> by-law to implement the amended fees for certain building permits was attached to<br />

CL Report No. 94-2012 and was approved by Council<br />

9. BY-LAWS & RESOLUTIONS<br />

12-0814-11 Moved by: Councillor Russell<br />

Seconded by: Councillor Maguire<br />

That the following by-laws be read a first, second and third time,<br />

passed and numbered appropriately, signed by the Mayor and<br />

Clerk and engrossed in the by-law book:<br />

- By-law 95-2012 – Amend Fees for Building Permits<br />

- By-law 96-2012 – Authorize Agreement with Neptune Technology<br />

Group.<br />

Carried<br />

10. ACCOUNTS<br />

<strong>The</strong>re were no Municipal accounts for Council to review.<br />

11. NOTICE OF MOTIONS<br />

<strong>The</strong>re were no notices <strong>of</strong> motion included in the agenda for Council review.<br />

12. NEW BUSINESS<br />

<strong>The</strong> Clerk Carol McKenzie advised that an application for a telecommunication tower in<br />

the Ipperwash area was to be submitted and a need to establish a fee for this type <strong>of</strong><br />

permit was discussed.<br />

12-0814-12 Moved by: Councillor Underwood<br />

Seconded by: Councillor Scott<br />

That staff is directed to prepare a report on an application fee for<br />

telecommunication towers.<br />

Carried


Minutes <strong>of</strong> the August 14, 2012 Council Meeting<br />

<strong>The</strong> fact the Industry Canada has granted permission for the reconstruction <strong>of</strong> a<br />

telecommunication tower in the Southcott Subdivision was discussed and Council<br />

concurred that those area residents be advised <strong>of</strong> this.<br />

12-0814-13 Moved by: Councillor Underwood<br />

Seconded by: Deputy Mayor Davis-Dagg<br />

That a newsletter be sent to the residents in Southcott Pines and<br />

area outlining the decision <strong>of</strong> Industry Canada with respect to the<br />

reconstruction <strong>of</strong> the telecommunications tower in Southcott Pines,<br />

and requesting citizens to forward any concerns to the Federal<br />

Member <strong>of</strong> Parliament.<br />

Carried<br />

13. COUNCILLOR REPORTS<br />

Council members did not make any reports.<br />

14. OPPORTUNITY FOR THE PUBLIC TO SEEK CLARIFICATION<br />

<strong>The</strong>re were no members <strong>of</strong> the public seeking clarification.<br />

15. ADJOURN<br />

12-0814-14 Moved by: Councillor Underwood<br />

Seconded by: Councillor Illman<br />

That the August 14, 2012 Council meeting be adjourned at 5:00<br />

p.m.<br />

Carried

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