The Lambton Shores Record

Council Meeting

February 21, 2023

Who was there

Present (8): Glen Baillie, Doug Cook, Ronn E Dodge, Scott Ferguson, Dave Maguire, Dave Marsh, Dan Sageman, Jeff Wilcox

Absent (1): Lorie Scott

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

What was decided (23 motions)

21 carried, 2 recorded otherwise. Every motion below is printed as the minutes print it.

Council move into Closed Session at 5:10 pm to discuss matters under the Municipal Act, Section 239(2)(b) personal matters about an identifiable individual, including municipal or local board employees, (c) a proposed or pending acquisition or disposition of land by the municipality or local board, (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose.
Moved by Councillor Ferguson, seconded by Deputy Mayor Sageman
Carried
Closed Session adjourn at 6:45 pm and Regular Council reconvene after the dinner break.
Moved by Councillor Baillie, seconded by Councillor Maguire
Carried
staff be directed to prepare and enter into a contract for Integrity Commissioner Services with Aird & Berlis LLP for the Municipality of Lambton Shores for a four-year term beginning April 1, 2023.
Moved by Councillor Maguire, seconded by Deputy Mayor Sageman
Carried
the parcel of land described as Parts 4, 5 & 6 Plan 25R11110 be declared surplus to the needs of the municipality; and THAT land described as Parts 4, 5 & 6 Plan 25R11110 be stopped up and closed; and THAT land described as Parts 4, 5 & 6 Plan 25R11110 be sold directly to the abutting landowner(s); and THAT the disposition of the municipally owned property described as Parts 4, 5 & 6 Plan 25R11110 be approved; and THAT the Mayor and Clerk be authorized to execute any documents relating to the sale.
Moved by Councillor Dodge, seconded by Councillor Maguire
Carried
the February 21, 2023 Council Meeting Agenda be approved as presented.
Moved by Deputy Mayor Sageman, seconded by Councillor Dodge
Carried
the minutes of the January 31, 2023 Council Meeting be adopted as presented.
Moved by Councillor Ferguson, seconded by Deputy Mayor Sageman
Carried
Report TR 09-2023 regarding the 2022 Huron Shores Area Transit Report be received.
Moved by Councillor Wilcox, seconded by Councillor Maguire
Carried
the presentation from the Lambton Shores Community Association be received.
Moved by Councillor Ferguson, seconded by Councillor Baillie
Carried
changes to our judicial system implemented through recommendation of the Ministry of the Attorney General to clear court dockets, free up crown attorney case load and court time while promoting lessening incarceration sentences and granting lenient bail for most offenders have created a paradigm shift that appears to result in the criminal being favoured while not considering the safety of the public. We recognize and value the of innocent until proven guilty, but we are seeing an increasing number of instances where dangerous offenders continue to offend while at large on bail and receiving consideration on the offences when they have their day in court; AND WHEREAS this practice is resulting in direct ineffectiveness of the court and fostering an attitude of indifference, as offenders of all nature of crimes, including violent offenders are not repenting from their mistakes, rather these offenders are re-offending. Often they are re-offending through a higher crime knowing that the consequences will not be severe or in relation to the punishment of the crime committed. Offenders have an awareness that if they are apprehended and release on bail, they are free to offend much more, knowing plea bargains will be struck for a conviction on a minimal number of offences, while the overwhelming bulk of charges are dismissed; AND WHEREAS the actions of the Ministry of the Attorney General has created frustration among law enforcement who’s profession is to protect the public and ke
Moved by Councillor Wilcox, seconded by Councillor Maguire
Carried
Correspondence Items 10.2, 10.3 and 10.4 of the Agenda be received.
Moved by Councillor Wilcox, seconded by Deputy Mayor Sageman
Carried
Report PL 01-2023 being a report respecting a request to enter into an Encroachment Agreement and a Payment in Lieu of Parking Agreement, submitted by Velocity Group Inc., respecting 53-55 King Street West, Forest, be received; and THAT the Encroachment Agreement between Velocity Group Inc. and the Corporation of the Municipality of Lambton Shores, respecting 53-55 King Street West, Forest, be approved; and THAT the Payment in Lieu of Parking Agreement between Velocity Group Inc. and the Corporation of the Municipality of Lambton Shores, respecting 53-55 King Street West, Forest, be approved.
Moved by Councillor Dodge, seconded by Councillor Maguire
Carried
Report DPW 01-2023 regarding the Tender and Consulting award for the Main Street East (Grand Bend) Watermain Construction project and associated contract administration be received; and THAT the tender received from Birnam Excavating Ltd. for the tendered price of $ 416,455.37 ex cluding HST ($423,784.99 Net HST) be accepted; and THAT B.M. Ross and Associates Limited be authorized to carry out contract administration and construction observation services for the said project in accordance with the estimate, on file, at an upset amount of $34,000.00, excluding HST ($34,598.40 Net HST; and THA T the Mayor and Clerk be authorized to sign associated contract agreements.
Moved by Councillor Baillie, seconded by Deputy Mayor Sageman
Carried
Report DPW 02-2023 regarding the Tender award for the 2023 Gravel supply and delivery be received; and THAT the Tender received from Johnston Brothers Bothwell Limited in the amount of $19.51/tonne net HST for the supply and delivery of Granular ‘M’ Gravel be accepted at a volume of 30,000 tonnes; and THAT the additional funds required for this project be funded from the Transportation reserve; and THAT the Mayor and Clerk be authorized to sign the associated contract agreement.
Moved by Councillor Wilcox, seconded by Councillor Marsh
Carried
Report DPW 03-2023 regarding the Tender award for the Fairview Drive, Arkona – Storm Sewer Outlet Construction project be received; and THAT the tender received from All Season Excavating for the tendered price of $106,075.00 excluding HST ($107,941.92 Net HST) be accepted; and THA T the Mayor and Clerk be authorized to sign associated contract agreements.
Moved by Councillor Dodge, seconded by Councillor Marsh
Carried
Report TR 05-2023; regarding the Forest Business Improvement Area 2023 Budget be received, and THAT the Forest BIA 2023 Budget in the amount of $28,500.00 be approved.
Moved by Councillor Ferguson, seconded by Councillor Dodge
Carried
Report TR 06-2023 regarding the 2022 Draft Year to Date Financial Statements be received; and THAT the following allocations of the 2022 surplus to the identified Reserve Funds be approved: $435,000 – Tax Rate Stabilization $120,000 – Rolling Stock $130,000 – Parking $130,000 – Transportation $100,000 – Harbour $ 60,000 – Working Funds; and Balance – to Working Funds
Moved by Councillor Maguire, seconded by Councillor Wilcox
Carried
Report TR 07-2023 regarding the Audit Questionnaire be received; and THAT the municipal auditors be informed that Council is aware of the Municipality’s administrative fiscal management processes and have no suspicion or knowledge of fraud and error.
Moved by Councillor Maguire, seconded by Councillor Ferguson
Carried
Report TR 08-2023 regarding the 2022 Council and Committee Remuneration be received; and THAT Council member remuneration be increased for the 2022-2026 term as follows: Ward Councillors $ 2400 per annum, Deputy Mayor $ 3000 per annum and Mayor $ 3600 per annum.
Moved by Councillor Dodge, seconded by Councillor Wilcox
Carried
Report CL 09-2023 regarding Video Surveillance Policy Amendment be received; and THAT the amended Video Surveillance Policy be approved.
Moved by Councillor Ferguson, seconded by Deputy Mayor Sageman
Carried
the Notice of Motion from Councillor Scott regarding Vibrancy Fund and the Port Franks Ausable River Committee be
Moved by Councillor Wilcox, seconded by Deputy Mayor Sageman
Tabled
a one time exemption for Not So Pro Volleyball be permitted to allow for a beach volleyball tournament on the North Beach on August 11 - 14, 2023.
Moved by Councillor Baillie, seconded by Councillor Dodge
Defeated
By-laws 12-2023 through 17-2023 be read a first, second and third time, passed and signed by the Mayor and Clerk.
Moved by Councillor Dodge, seconded by Councillor Ferguson
Carried
the February 21, 2023 Council Meeting adjourn at 8:05 pm.
Moved by Councillor Ferguson, seconded by Councillor Marsh
Carried

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