1. law, govt and politics

The Corporation of the Town of Plympton-Wyoming
Regular Meeting Minutes
Date:
Time:
Location:
Wednesday, March 25th 2015
4:00 p.m.
Plympton-Wyoming Council Chambers
546 Niagara Street, Wyoming, ON
Council Members Present:
Lonny Napper, Mayor
Ben Dekker
Netty McEwen
Don Nelson
Ron Schenk
Bob Woolvett
Muriel Wright
Staff Members Present:
Kyle Pratt, Chief Administrative Officer (C.A.O.)
Brianna Coughlin, Clerk
David Fielding, Director of Public Works &
Engineering
Rob Nesbitt, Senior Planner, County of Lambton
Call to Order
At 4:00 p.m., Mayor Napper called the meeting to order.
Declaration of Pecuniary Interest/Conflict of Interest
No declaration was made by any member of Council at this time. Mayor Napper
requested Council members to make the appropriate declaration if necessary
throughout the business of the meeting.
Delegations
Mr. Fielding introduced the Plympton Wastewater System Capacity Study, advising that
the study incorporates the lands currently designated for development in the Town’s
Official Plan. Mike Kocher of CH2M Hill provided a presentation outlining the methods
used to conduct the study as well as significant outcomes.
It was advised that 1,079 future residential units were identified, which represented
approximately 40 years of growth. This growth would affect wastewater catchment
areas at different rates, with two pumping stations identified as over 100% capacity
should all of the properties be developed. Further investigation could be undertaken to
reduce the flow into these stations to address this concern. It was advised that overall,
there is sufficient capacity to service the planned development.
Mr. Nesbitt noted that the study would be very important for the Planning Department,
as it confirms the servicing for properties already identified for development and
confirms the 40-year growth projection within the designated areas.
After considering the matter, Council passed the following resolution:
Motion #1 - Moved by Don Nelson, Seconded by Netty McEwen that the report by
David A. Fielding, Director of Public Works & Engineering, dated March 12th 2015,
regarding the Plympton Wastewater System Capacity Study be received; that the study
be adopted as presented and that the study be incorporated into the Town’s Official
Plan as it relates to the Plympton area and into the County’s Official Plan as it relates to
the Plympton area.
Motion Carried.
Mr. Kocker, Mr. Fielding and Mr. Nesbitt left the Council Chambers at 4:48 p.m.
Adoption of Council Meeting Minutes
Motion #2 – Moved by Muriel Wright, Seconded by Ben Dekker that the minutes be
adopted by Council and that those confidential minutes of the closed sessions of
Council remain confidential and restricted from public disclosure in accordance with the
exemptions provided in the Municipal Freedom of Information and Protection of Privacy
Act:
 Regular Planning Meeting, March 2nd 2015
 Closed Planning Meeting Session, March 2nd 2015
 Special Council Meeting, March 3rd 2015
 Regular Council Meeting, March 4th 2015
 Closed Council Meeting Session, March 4th 2015
 Special Council Meeting, March 5th 2015
Motion Carried.
Business Arising from Previous Meetings
Council discussed the 2015 Budget as presented. Ms. Coughlin advised that notice had
been posted in the Sarnia Observer and the Town website, in accordance with the
Notice by-law.
Council discussed the two options for tax rates, as presented in the report. It was also
suggested that Council consider closing a portion of Elmsley Road, which would
eliminate the need for the bridge repair. After considering the matter, Council passed
the following resolutions:
Motion #3 – Moved by Netty McEwen, Seconded by Ron Schenk that staff be directed
to begin the process of closing Elmsley Road.
Motion Carried.
Regular Council Meeting March 25th 2015
Page 2 of 10
Motion #4 - Moved by Ben Dekker, Seconded by Muriel Wright that the report prepared
by Norma Roddick-Preece, Treasurer dated March 19th 2015 regarding the 2015 Final
Budget be received; that Council approve the budget with an overall tax increase of
3.055% and that staff be directed to prepare the necessary by-laws for enactment.
Motion Carried.
Council took a break at 5:20 p.m. and reconvened at 5:26 p.m.
Council discussed the Fire Service Agreement with the Municipality of Lambton Shores,
which had been previously discussed during the Special Council Meeting held March 5th
2015. Councillor Dekker advised that the Camlachie and Wyoming fire departments had
been asked to create an updated list of the areas they are able to attend safely,
including trial runs and real-time response rates obtained from CACC. It was noted that
these times would be brought back to Council for further consideration of this matter.
Motion #5 - Moved by Ron Schenk, Seconded by Netty McEwen that the report by
Brianna Coughlin, Clerk, dated March 20th 2015 regarding the Fire Service Agreement
with the Municipality of Lambton Shores be received.
Motion Carried.
Accounts
Motion #6 - Moved by Bob Woolvett, Seconded by Muriel Wright that the Accounts as
listed be approved by the Plympton-Wyoming Council for payment:
 Council Remuneration Claims – February 2015
 Drainage Superintendent Claim – February 2015
 Town of Plympton-Wyoming General Paylist – March 2015
 Town of Plympton-Wyoming Roads Department General Paylist – March 2015
Motion Carried.
Staff Reports
Council considered the report by David Fielding regarding an Update to the CH2M Hill
OMI Agreement.
Motion #7 - Moved by Netty McEwen, Seconded by Don Nelson that the report
prepared by David A. Fielding, Director of Public Works and Engineering, dated March
12th 2015, regarding an Update to CH2M Hill OMI Agreement be received and that
By-law 11 of 2015 be approved.
Motion Carried.
Regular Council Meeting March 25th 2015
Page 3 of 10
Council considered the report by David Fielding regarding an Amending Agreement with
the Ontario Clean Water Agency.
Motion #8 - Moved by Bob Woolvett, Seconded by Ben Dekker that the report prepared
by David A. Fielding, Director of Public Works and Engineering, dated March 11 th 2015,
regarding an amending agreement with Ontario Clean Water Agency be received and
that By-law 12 of 2015 be approved.
Motion Carried.
Council considered the report by David Fielding regarding Various Water Reports.
Motion #9 - Moved by Ron Schenk, Seconded by Netty McEwen that the report
prepared by David A. Fielding, Director of Public Works and Engineering, dated March
11th 2015 regarding Various Water Reports be received.
Motion Carried.
Council discussed the report by David Fielding regarding the Frank Cowan Report re:
Parks Equipment. It was advised that the Parks & Recreation Committee had discussed
the matter along with the larger issue of long-term planning for parks within the
municipality. It was noted that the Committee members recommended keeping all of the
tot parks rather than creating centralized parks. It was also advised that $20,000 had
been budgeted for the replacement of equipment in Donkers Park and it was the
intention of the Committee to budget an additional $20,000 for equipment replacement
in each of the parks identified in the report.
Motion #10 - Moved by Ben Dekker, Seconded by Bob Woolvett that the report
prepared by David A. Fielding, Director of Public Works and Engineering, dated March
12th 2015, regarding the Frank Cowan Report re: Parks Equipment, be received.
Motion Carried.
Council considered the report by Norma Roddick-Preece regarding Terms of
Engagement for Auditor.
Motion #11 - Moved by Don Nelson, Seconded by Ron Schenk that the report by
Norma Roddick-Preece, Treasurer, dated March 17th 2015 regarding the Terms of
Engagement for Auditor be received and that the Mayor be authorized to sign the
agreement as requested.
Motion Carried.
Council took a break at 6:03 p.m. and reconvened at 6:10 p.m. for the Public Meeting
related to the Minielly Drain Improvement 2014.
Regular Council Meeting March 25th 2015
Page 4 of 10
Public Meeting – Consideration Meeting (6:10 p.m.)
Councillor Nelson opened the Consideration Meeting for the Minielly Drain Improvement
2014 and no declarations of pecuniary interest or conflict of interest were made.
Councillor Nelson stated the purpose of the meeting and introduced Council and staff
members to the members of the public (see Attendance Records attached to these
minutes). Mr. Will Bartlett of NorthWest Consulting Engineers was in attendance to
answer any questions relating to the Drainage Report.
Mr. Bartlett spoke to the Drainage report, noting that it had been initiated by a request
for drain maintenance under Section 78 of the Drainage Act. The scope of the work was
explained as well as the assessments and allowances. It was noted that the total cost of
the work would be $129,900 and that all of the assessments would be eligible for the
1/3 provincial grant.
Councillor Nelson then opened the floor for questions or comments from those
supporting or opposing the report as presented.
It was advised that there was a small error in the assessment schedule relating to an
access road, which would be sorted out prior to construction.
Ms. Coughlin advised that she had received no correspondence relating to this matter.
It was advised that a request could be made to refer the report back to the Engineer to
explore alternative options. If Council agreed to this, the cost of the work would be
apportioned back to the properties as per the assessments outlined in the report.
Council then passed the following resolution:
Motion #12 – Moved by Muriel Wright, Seconded by Bob Woolvett that the report by
W.J. Bartlett of NorthWest Consulting Civil Engineers, dated December 29th 2014
regarding the Minielly Drain Improvement 2014 be adopted as presented and that
Provisional By-law 13 of 2015 be read a first and second time.
Motion Carried.
Mr. Bartlett then explained the appeal process under Section 48 of the Drainage Act. It
was advised that a notice of appeal would need to be sent to the municipality within
forty days of the meeting notice.
Motion #13 (6:18 p.m.)– Moved by Netty McEwen, Seconded by Ron Schenk that the
Public Meeting be adjourned.
Motion Carried.
Regular Council Meeting March 25th 2015
Page 5 of 10
Council then returned to the Regular Meeting and discussed the report by Kailyn
Richardson regarding the Door-to-door Sale of Dog Licenses.
Motion #14 - Moved by Bob Woolvett, Seconded by Ben Dekker that the report
prepared by Kailyn Richardson, Administrative Assistant – Clerk Department, dated
March 19th 2015, regarding the Door-to-Door Sale of Dog Licenses be received and that
Council approve the door-to-door sale of dog tags for 2015.
Motion Carried.
Council also considered a motion relating to the staff report by David Fielding regarding
parks equipment.
Motion #15 - Moved by Ben Dekker, Seconded by Muriel Wright
In regards to the report of David Fielding Re: Frank Cowan Report re Parks Equipment;
Council directs staff to allow use of identified equipment for a maximum amount of time,
and not to initiate removal until approximately mid-July.
Motion Carried.
Councillors’ Reports
There were no items at this time.
Committee Meeting Minutes & Reports
Motion #16 - Moved by Ben Dekker, Seconded by Muriel Wright that the following
Committee Meeting Minutes and Reports be received and that those confidential
minutes of the closed sessions remain confidential and restricted from public disclosure
in accordance with the exemptions provided in the Municipal Freedom of Information
and Protection of Privacy Act:
 Water & Sewer Committee Meeting Minutes – January 27th 2015
 Parks & Recreation Committee Meeting Minutes – February 5th 2015
Motion Carried.
By-laws
There were no items at this time.
Correspondence – Action-Required Items
Council discussed the correspondence from the Ontario Student Nutrition Program regarding
their request to Take the Pledge.
Motion #17 - Moved by Don Nelson, Seconded by Netty McEwen that the
correspondence relating to the Ontario Student Nutrition Program – Take the Pledge be
received and that Council pledge to say yes to Healthy Foods in Schools Campaign.
Motion Carried.
Regular Council Meeting March 25th 2015
Page 6 of 10
Correspondence – Recommended Reading & Routine Approval/Information Items
Council briefly discussed items of correspondence. It was advised that the Tree Planting
Committee would be submitting an application to the Sarnia Community Foundation and
would be meeting with Wyoming Tree Service regarding their offer to plant trees. It was
also advised that a Request for Tender regarding the LED Streetlight program had been
drafted and would go out the following week.
Motion #18 - Moved by Ben Dekker, Seconded by Bob Woolvett that the
Correspondence relating to “Recommended Reading” and “Routine Approval and
Information Items” not otherwise addressed by resolution, be noted as received by the
Plympton-Wyoming Council, and filed accordingly.
 AMO Watch File:
o March 5th 2015
o March 12th 2015
o March 19th 2015
 County of Lambton
o Council Highlights March 4th 2015
o Lambton County Archives Seeking Vintage Film
o Household Hazardous Waste
 Ministry of Agriculture, Food & Rural Affairs – Premier’s Award for Agri-Food
Innovation Excellence Program
 OGRA Heads Up Alert – OGRA Signs Memorandum of Understanding with
Association of First Nations
 Lambton County Municipal Association – Annual Banquet & Meeting 2015
 Lambton County Rural Mayors – News Release – Small, Rural, Ontario
municipality funding
 Western Sarnia-Lambton Research Park – News Release – Community
Development Corporation Board Highlights
 Ontario Association of Fire Chiefs – OAFC Municipal Officials Seminar
 Communities in Bloom – 2015 Registration
 Sarnia Community Foundation – Annual Report
 Southwestern Ontario Transportation Alliance – Public Forum April 8th 2015
 Tourism Sarnia-Lambton – Tourism Summit May 6th 2015
 Wyoming Tree Service – Tree Planting at McKay Park
 LAS LED Streetlight Upgrade Program – 2014 RFP Results
 Mayor Christopher of Belleville – Annual Small Urban Municipalities Conference
Motion Carried.
Public Meeting – Consideration Meeting (6:30 p.m.)
Councillor Nelson opened the Consideration Meeting for the Gare/School Branch of the
Phippen Municipal Drain. No declarations of pecuniary interest or conflict of interest
were made.
Regular Council Meeting March 25th 2015
Page 7 of 10
Councillor Nelson stated the purpose of the meeting and introduced Council and staff
members to the members of the public (see Attendance Records attached to these
minutes). Mr. Will Bartlett of NorthWest Consulting Engineers was in attendance to
answer any questions relating to the Drainage Report.
Mr. Bartlett spoke to the Drainage report, noting that it had been initiated by a request
for drain maintenance under Section 4 of the Drainage Act. The scope of the work was
explained, noting that the costs were associated with work already completed since it
was bringing an existing private drain under the Drainage Act to create a municipal
drain. It was noted that the total cost of the work would be $16,110 and that some of
the assessments would be eligible for the 1/3 provincial grant.
Councillor Nelson then opened the floor for questions or comments from those
supporting or opposing the report as presented.
Ms. Coughlin advised that she had received no correspondence relating to this matter.
It was advised that a request could be made to refer the report back to the Engineer to
explore alternative options. If Council agreed to this, the cost of the work would be
apportioned back to the properties as per the assessments outlined in the report.
Council then passed the following resolution:
Motion #19 – Moved by Netty McEwen, Seconded by Ron Schenk that the report by
W.J. Bartlett of NorthWest Consulting Civil Engineers, dated January 7th 2015 regarding
the Gare/School Branch of the Phippen Drain be adopted as presented and that
Provisional By-law 14 of 2015 be read a first and second time.
Motion Carried.
Mr. Bartlett then explained the appeal process under Section 48 of the Drainage Act. It
was advised that a notice of appeal would need to be sent to the municipality within
forty days of the meeting notice.
Motion #20 (6:48 p.m.)– Moved by Ben Dekker, Seconded by Muriel Wright that the
Public Meeting be adjourned.
Motion Carried.
Motion #21 – Moved by Ron Schenk, Seconded by Netty McEwen that a Court of
Revision meeting for the Minielly Drain Improvement 2014 be scheduled for
Wednesday, April 29th 2015 at 6:00 p.m. and that Will Bartlett be directed to tender the
said drainage works.
Motion Carried.
Regular Council Meeting March 25th 2015
Page 8 of 10
Motion #22 – Moved by Don Nelson, Seconded by Ron Schenk that a Court of
Revision meeting for the Gare/School Branch of the Phippen Drain be scheduled for
Wednesday, April 29th 2015 at 6:30 p.m.
Motion Carried.
New Business
Councillor McEwen requested clarification regarding the King Street Drain. Mr. Bartlett
advised that there remained approximately eight weeks of work before the public
meeting process could begin.
Councillor Wright requested that a reflective sign be placed on the cement pit near the
Wyoming to Reeces Corners Trail for better visibility.
Mr. Bartlett left the Council Chambers at 7:00 p.m.
Closed Meeting Session – 7:02 p.m.
Council moved into Closed Session.
Motion #23 – Moved by Bob Woolvett, Seconded by Ben Dekker that Council move into
an In-Camera Meeting of Council pursuant to Section 239 of the Municipal Act, 2001, as
amended, for the following reasons:
Item A – Litigation Matters
Section 239(2)(e) – Litigation or potential litigation, including matters before
administrative tribunals, affecting the municipality or local board.
Motion Carried.
Motion #24 (7:40 p.m.) – Moved by Don Nelson, Seconded by Netty McEwen that the
Closed Session be adjourned.
Motion Carried.
Motion #25 – Moved by Muriel Wright, Seconded by Ben Dekker that staff be directed
to proceed regarding the litigation matters as directed during the Closed Session.
Motion Carried.
Motion #26 – Moved by Don Nelson, Seconded by Ron Schenk that the confidential
invoice for legal services, as presented in closed session, be approved for payment.
Motion Carried.
Regular Council Meeting March 25th 2015
Page 9 of 10
Confirmatory By-law
Motion #27 – Moved by Don Nelson, Seconded by Ron Schenk that By-law 15 of 2015,
being a by-law to confirm all resolutions of the Council Meetings held March 5th, March
23rd and March 25th 2015 be taken as read three times and finally passed and the
Mayor and Clerk be authorized to sign the said by-law accordingly.
Motion Carried.
Adjournment of Meeting
Motion #28 – Moved by Bob Woolvett, Seconded by Muriel Wright that the Regular
Council Meeting be adjourned until the next Regular Meeting, to be held on
Wednesday, April 8th 2015 commencing at 8:00 a.m.
Motion Carried.
Adjournment of the Regular Council Meeting took place at 7:42 p.m.
Mayor – Lonny Napper
Clerk – Brianna Coughlin
Regular Council Meeting March 25th 2015
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