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May 18, 2006 - Council
COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville 1, Thursday May 18,2006 corms 7:00 p.m. y 7:30-Public Meetings—Zoning ,'YYt, ic, , The regular meeting of the Council of the Municipality of Bayham was held in Council Chambers. Present were Mayor Lynn Acre, Deputy Mayor Mathew Schafer, Councillors Mark Taylor,-anPaul 4- (� EnsrAdministrator Kyle Kruger, Clerk Lynda Millard, Water/Wastewater Superintendent Ed Roloson, r •4` Planning Coordinator/Deputy Clerk Margaret Underhill and Public Works Superintendent Bob Bartlett. 1. CALL TO ORDER Mayor Acre called the meeting order at 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF There was no disclosure of pecuniary interest 3. APPROVAL OF MINUTES Minutes of the Regular Meeting of Council held May 4, 2006 2006-279 Moved by P Ens Seconded M Taylor "THAT the minutes of the regular meeting of Council held May 4,2006 be approved, as circulated." Disposition: Motion Carried ADDITION OF AGENDA ITEM 2006-280 Moved by M Schafer Seconded by M Taylor "THAT in accordance with Section 21 of Procedural By-law 2002-93,the Town of Minto correspondence regarding MPAC matters be added to the agenda as item 9.1 (j)." Disposition: Motion Carried Unanimously Council Minutes - 120- May 18, 2006 7:10 p.m.=Staff Presentation-Water/Wastewater Superintendent Ed Roloson was in attendance to present his reports—Items 10. 1(a), (b), (c), (d). 4. DELEGATIONS (a) 8:30 p.m.—Wayne Casier, Chairman BCHAC was in attendance regarding Item 9.1(i)Report C2006-005. Mr Casier explained the Ministry of Health"Grow Your Own Nurse Practitioner" program that sponsors a registered nurse to enroll in the Nurse Practitioner education program with the assurance of a return of service with the sponsoring agency following graduation and certification. He advised that the committee has been approached by a registered nurse, originally accepted in the part-time studies,who is now enrolled in the full-time studies. The one-year NP education program runs from September 2006 -August 2007. Upon successful completion of the NP course and successful examination results the NP would be required to fulfill a two-year Return of Service contract with the sponsoring agency, Municipality of Bayham. Mr. Casier noted that failure to comply with the two year return of service requires repayment of the funding for which the candidate and the municipality would be responsible for 50% each. He added that attempts will be made to negotiate 100% repayment by the registered nurse. He advised that the Family Health Team will be applying for more Nurse Practitioner funding,however, the current funding of$110,000 will be tied up until further FHT funding becomes available. The$110,000 covers the registered nurse's current salary and benefits for a one-year term, tuition and books. 5. INFORMATION ITEMS 2006-281 Moved by M Taylor Seconded by C Evanitski "THAT information items 5(a)through 5(q) be received for information." Disposition: Motion Carried Unanimously (a) Chairman's Report March 2006 from the Port of Cleveland "Exiting Port Chairman Guided Port Authority into New Era". File: A01 (b) News Release from the Ontario Flue-Cured Tobacco Growers' Marketing Board regarding the Tobacco Crop Agreement. File: A01 (c) Association of Municipalities of Ontario(AMO)correspondence dated May 2,4, 5 and 8,2006 regarding"2006 Federal Budget Will Help Ontario Municipalities", "Public Health Capacity Review Committee Releases Final Report", Memorandum requesting nominations for 2006-2007 AMO Board of Directors, and"Important Notice about Best Practices Consultation Sessions". File: A01 Council Minutes - 121 - May 18, 2006 (d) Bayham Community Centres Committee draft minutes of meeting held April 27th. File: C06 (e) Ministry of Municipal Affairs and Housing correspondence dated May 3, 2006 regarding Fair, Balanced,Tenant-Landlord Legislation. File: M06 (f) The Federation of Canadian Municipalities Member's Advisory from dated May 3, 2006 regarding"Federal Budget Good News for Municipal Governments". File: A01 (g) Correspondence from OMERS dated April 21, 2006 regarding the 2005 Annual Report. (Full report available) File: H04 (h) Memorandum dated May 4, 2006 from the Long Point Region Conservation Authority regarding the upcoming retirement of Jim Oliver. (Council directed that a letter of appreciation from the Mayor be sent to Mr. Oliver.) File: Alb (i) Fax correspondence from the Ontario Property and Environmental Rights Alliance dated May 5, 2006 regarding Land Use Planning by Conservation Authorities. File: A01 (j) Elgin Group Police Services Board Minutes of meeting held April 19, 2006. Councillor Evanitski updated Council on the policing conference he recently attended. File: C06 (k) Bayham Historical Society Minutes of meeting held April 13,2006. File: C06 (1) Correspondence from the City of Sarnia dated May 4, 2006 regarding a workshop on Developing an Asset Management System -"The Sarnia Experience"being held May 25`h. Council suggested staff consider attending. File: A 16 (m) Invitation to Elgin Community Futures Development Corporation's 20`h Annual General Meeting on Tuesday,May 23,2006. (Mayor Acre advised that she will attend) File: A04 (n) Correspondence from NRG dated May 5,2006 regarding Limited Rate Application FB2005-0544. File: E06 (o) Correspondence from Parks and Recreation Ontario regarding the 2006 SummerActive Community Challenge. File: A01 Council Minutes • 122 - May 18, 2006 (p) Ontario Power Generation correspondence dated May 2006 regarding 2005 performance and report. File: A01 (q) Ontario Farm Animal Council correspondence regarding"The Real Dirt on Farming—The People in Canadian Agriculture Answer Your Questions". File: A01 6. PLANNING,DEVELOPMENT,RECREATION & TOURISM I. CORRESPONDENCE &REPORTS (a) Staff Report D2006-022 regarding Harms severance application. File: D10 2006-282 Moved by P Ens Seconded by C Evanitski "THAT Staff Report D2006-022 be received; AND THAT Council recommend to the Elgin County Land Division Committee that severance application E25/06, as amended, be approved subject to: 1. $500 cash-in-lieu for each created Iot 2. grading plan provided for each created lot 3. copy of the fmal survey be provided to the municipality." Disposition: Motion Carried Unanimously (b) Staff Report D2006-023 regarding Graydon severance application. File: D10 2006-283 Moved by C Evanitski Seconded by M Taylor "THAT Staff Report D2006-023 be received; AND THAT severance application E31/06, submitted by Brian and Betty Lou Graydon,be deferred for further information; AND THAT staff be directed to forward a written request to Elgin County Land Division Committee that this application be deferred at their May 31, 2006 meeting." Disposition: Motion Carried Unanimously Council Minutes - 123 - May 18, 2006 (c) Staff Report D2006-021 regarding Blondeel Rezoning-Removal of Holding Symbol. File: D14 2006-284 Moved by C Evanitski Seconded by M Taylor "THAT Staff Report D2006-021 be received; AND THAT the zoning on a property owned by Blondeel Nursery Inc. described as Part Lot 123, Concession 6,west side Plank Road in the Village of Straffordville, be changed from Village Residential-Holding(Rl-h) to Village Residential (RI) as submitted in the rezoning application; AND THAT Zoning By-law No. Z525-2006 be presented to Council for enactment." Disposition: Motion Carried Unanimously 7. ROADS,AGRICULTURE &DRAINAGE 1. CORRESPONDENCE&REPORTS (a) Staff Report PW2006-004 regarding Public Works Activities February through April 30, 2006. File: T06 2006-285 Moved by M Taylor Seconded by C Evanitski "THAT Staff Report PW2006-004 regarding Public Works activities for the months of February through April 2006 be received for information." Disposition: Motion Carried Unanimously 8. PROPERTY,BUILDING& PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) Correspondence from Port Burwell Business Advisory Group dated April 26,2006 regarding channel markings on Big Otter Creek. File: C13 2006-286 Moved by M Schafer Seconded by M Taylor "THAT correspondence from Port Burwell Business Advisory Group dated April 26, 2006 regarding channel markings on Big Otter Creek be received; Council Minutes - 124 - May 18, 2006 AND THAT the correspondence be referred to the DFO Small Craft Harbours for consideration." Disposition: Motion Carried Unanimously (b) Correspondence from Brian Hamilton, Country Camping dated April 28, 2006 regarding ongoing noise complaints. File: M04 2006-287 Moved by M Taylor Seconded by M Schafer "THAT correspondence from Brian Hamilton, Country Camping dated April 28, 2006 regarding noise complaints be received." Disposition: Motion Carried Unanimously 9. FINANCE,ADMINISTRATION& PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque#533 to Cheque#603 inclusive, totaling$118, 384.35 and Cash Requirements for the period ending May 15, and Payroll Disbursements for the period ending May 7, 2006 totaling$41,233.32. 2006-288 Moved by C Evanitski Seconded by P Ens "THAT the Cheque Register being Cheque#533 to Cheque#603 inclusive, totaling $118, 384.35 and Cash Requirements for the period ending May 15,2006, and Payroll Disbursements for the period ending May7, 2006 totaling$41,233.32, be approved." Disposition: Motion Carried Unanimously (b) Edison Museum of Vienna draft minutes of meeting held April 21, 2006. Councillor Evanitski suggested and Council agreed that it is premature to rezone the property at this time. File: C06 Council Minutes - 125 - May 18, 2006 2006-289 Moved by M Schafer Seconded by C Evanitski "THAT Edison Museum of Vienna draft minutes of meeting held April 21,2006 be received; THAT Council does not at this time direct staff to proceed with the rezoning of the vacant lot at 6342 Plank Road to the institutional zone; THAT students may be hired for the museums as approved within the 2006 operating budget; THAT the draft grant application for a feasibility study for the proposed new Edison Museum facility be provided to the Museums Bayham Board for review prior to submission; THAT the Treasurer provide the Museums Bayham Board with the audited accounting details of the Edison Museum Reserve Fund for 2005." Disposition: Motion Carried Unanimously (c) Straffordville Public School correspondence received May 15th requesting a fee waiver for use of the Straffordville Community Centre between 10:30 a.m. and 9:00 p.m. File: C13 2006-290 Moved by C Evanitski Seconded by P Ens "THAT Straffordville Public School correspondence received May 15th be received; AND THAT Council approves the request for a fee waiver for use of the Straffordville Community Centre on June 26th between 10:30 a.m. and 9:00 p.m. Disposition: Motion Carried Unanimously (d) Correspondence from Dr. C.L Leatherdale dated May 3, 2006 regarding the rostering of patients. File: Fi l 2006-291 Moved by P Ens Seconded by C Evanitski "THAT correspondence from Dr. C.L Leatherdale dated May 3,2006 regarding the rostering of patients be received for information." Disposition: Motion Carried Unanimously Council Minutes - 126 - May 18, 2006 (e) Staff Memorandum C2006-012 regarding Toll Passes/ Safe Streets Act, 1999. File: C11 2006-292 Moved by M Schafer Seconded by M Taylor "THAT By-law 2006-050,being a by-law to authorize the Bayham Historical Society to solicit donations under the Safe Streets Acts, 1999 along Plank Road within the Village of Vienna during Edison Fest on June 3,2006, be presented to Council for enactment." Disposition: Motion Carried Unanimously (f) Staff Report F2006-12 regarding Financial Report for the period ending April 30, 2006. File: F03 2006-293 Moved by C Evanitski Seconded by P Ens "THAT Staff Report F2006-12 regarding Financial Report for the period ending April 30,2006 be received for information." Disposition: Motion Carried Unanimously (g) Staff Report F2006-13 regarding 2006 Tax Rates &Levies. Council directed that By-law 2006-049 be amended to change the 2006 final tax due date to November 24th_ File: F22 2006-294 Moved by M Taylor Seconded by P Ens "THAT By-Law 2006-049, as amended,being a by-law to establish a levy for the year 2006, to adopt tax rates,provide for penalty and interest in default of payment and the collection thereof,be presented to Council for enactment." Disposition: Motion Carried Unanimously pater-, l r. 5 pr ic i h t a (h) Verbal Report regarding street light placement. (deferred ) File: F05 (i) Staff Report C2006-005 regarding Grow Your Own Nurse Practitioner. File: 508.06 Council Minutes - 127 - May 18, 2006 2006-295 Moved by C Evanitski Seconded by P Ens "THAT Staff Report C2006-005 be received; AND THAT Council commends the Bayham Community Health Action Committee's efforts to continually pursue initiatives to improve health services in the community; AND THAT Council supports the committee's recommendation to re-direct the "Interdisciplinary Practitioner Program,Primary Health Care funding by submitting an application for the"Grow Your Own NP"program for the Municipality of Bayham." Disposition: Motion Carried Unanimously (j) Town of Minto correspondence dated May 8th regarding MPAC matters. File: C10 2006-296 Moved by M Taylor Seconded by M Schafer "THAT the Council of the Municipality of Bayham supports the resolution of the Town of Minto requesting the Minister of Finance Dwight Duncan to adopt a stance that will positively resolve MPAC issues outlined in the Ombudsman's Report and ensure the Report's recommendations will be implemented with a view to creating a truuly fair, transparent and accountable system of property assessment to taxpayers and municipalities in Ontario." Disposition: Motion Carried Unanimously 10. ENVIRONMENT L CORRESPONDENCE&REPORTS (a) Quarterly Report for the Bayham Water Distribution System. File: E05 2006-297 Moved by M Taylor Seconded by P Ens "THAT Quarterly Report for the Bayham Water Distribution System for the period ending March 31,2006 be received for information." Disposition: Motion Carried Unanimously Council Minutes - 128 - May 18, 2006 (b) Quarterly Report for the Municipality of Bayham Small Municipal Non-Residential Wells for the period ending March 31, 2006. File: E05 2006-298 Moved by P Ens Seconded by M Taylor "THAT Quarterly Report for the Municipality of Bayham Small Municipal Non- Residential Wells for the period ending March 31, 2006 be received for information." Disposition: Motion Carried Unanimously (c) Wastewater Treatment Plant Daily Process Data Collection. File: E05 2006-299 Moved by M Taylor Seconded by P Ens "THAT the Wastewater Treatment Plant Daily Process Data Collection Report be received for information." Disposition: Motion Carried Unanimously (d) Port Burwell Wastewater Treatment Plant First Quarter Compliance Summary File: E05 2006-300 Moved by P Ens Seconded by M Taylor "THAT Port Burwell Wastewater Treatment Plant First Quarter Compliance Summary be received for information." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE 2006-301 Moved by M Taylor Seconded by C Evanitsld "THAT the Council do now rise to enter into an"In Camera" Session of Committee of the Whole to discuss: © personal matters about an identifiable individual, including municipal or local board employees; and ❑ labour relations or employee negotiations." Disposition: Motion Carried Unanimously Council Minutes - 129 - May 18, 2006 2006-302 Moved by P Ens Seconded by M Taylor "THAT the Committee of the Whole do now rise from the"In Camera" session." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE&REPORTS (a) Verbal Report regarding a confidential personal matter. (b) Verbal Report regarding confidential labour relations negotiations. (c) Staff Reports H2006-07 and 2006-08 regarding a confidential personal matter. 2006-303 Moved by M Schafer Seconded by M Taylor "THAT By-law 2006-052, a by-law to appoint staff to perform duties under the Ontario Building Code Act be added to the agenda for Council consideration." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Staff Report H2006-06 regarding a confidential personal matter. File: H 12. BY-LAWS By-law Z525-2006 A By-law to further amend Zoning By-law Z456-2003 (Blondeel) By-law 2006-049 A By-law to establish a 2006 levy, adopt tax rates etc. By-law 2006-050 A By-law to authorize BHS activities under the Safe Streets Act, 1999 By-law 2006-051 A By-law to confirm all actions of Council. Council Minutes - 130 - May 18, 2006 2006-304 Moved by P Ens Seconded by C Evanitski "THAT By-laws Z525-2006, 2006-049,2006-050, and 2006-052 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 2006-305 Moved by M Taylor Seconded by P Ens "THAT confirming By-law 2006-051 be read a first, second and third time and fmally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2006-306 Moved by C Evanitski Seconded by M Taylor "THAT the meeting be adjourned at 10:09 p.m." Disposition: Motion Carried Unanimously MAYOR . 4/i _AI 11 ! CLERK ;.(0.0-0,- } Date Approved: 9. 2Pt //0 lv