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HomeMy WebLinkAboutMarch 16, 2006 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Thursday March 16, 2006 7:00 p.m. 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, Paul Ens and Cliff Evanitski, Administrator Kyle Kruger and Clerk Lynda Millard. Chief Building Official/ 'Drainage Superintendent Dwayne Daniel was also in attendance. 1. CALL TO ORDER Mayor Acre called the meeting to order at 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF There were no initial declarations of pecuniary interest. During closed session Councillor Taylor acknowledged a potential conflict with item 11.1(c) and left Chambers during discussion. Deputy Mayor Schafer acknowledged a potential conflict in regard to item 11.1(e). 3. APPROVAL OF MINUTES Minutes of the Special Budget Meeting of Council held March 1, 2006 Minutes of the Regular Meeting of Council held March 2, 2006 Minutes of the Special Budget Meeting of Council held March 8, 2006 2006-140 Moved by C Evanitski Seconded by M Schafer "THAT the minutes of the special budget meeting of Council held March 1, 2006 be approved, as circulated." Disposition: Motion Carried Unanimously 2006-141 Moved by M Schafer Seconded by C Evanitski "THAT the minutes of the regular meeting of Council held March 2,2006 be approved, as circulated." Disposition: Motion Carried Unanimously Council Minutes - 55 - March 16, 2006 2006-142 Moved by M Taylor Seconded by C Evanitski "THAT the minutes of the special budget meeting of Council held March 8,2006 be approved, as circulated." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:05 p.m.—Dave Rock,PSB Chairman, Staff Sergeant Ryan Cox& Sergeant Carl Butler were in attendance regarding OPP staffing and contract renewal. Council was encouraged to support the recommendation for the hiring of additional officers. Item 9.1(b) (b) 7:30 p.m.—Nancy Farley regarding parking of a trailer along north side of Eden Line did not attend. Item 8.2(a) (c) 8:00 p.m.—Ray Talbot was in attendance regarding an agreement between the Municipality and the Vienna Lions Club regarding the proposed Vienna Skateboard Park. Item 8.1 (b) (d) 9:00 p.m.—Wayne Casier,Family Health Team Strategic Planning Committee Chairman was in attendance regarding the Closed Session item 11.1(e). 5. INFORMATION ITEMS 2006-143 Moved by M.Taylor Seconded by M Schafer "THAT items 5(a)through 5(q), except 5(p) be received for information; AND THAT the Council of the Municipality of Bayham supports the resolution of the Township of Malahide passed March 9, 2006 regarding the Ontario Medical Association report entitled "Ontario Physician Shortage 2005", and encourages the Honourable George Smitherman, Minister of Health & Long Term Care to reconsider the requirements that are currently deterring suitable physicians from practicing in Ontario." Disposition: Motion Carried Unanimously Council Minutes - 56 March 16, 2006 (a) Beyond the City Lights Tourism conference being held April 5 & 6 in Chatham-Kent. File: A04 (b) "Tourism is everybody's business"Tourism symposium being held April 27 in Brantford. File: A04 (c) Bayham Historical Society minutes of meeting held February 9, 2006. File: C06 (d) Port Burwell Marine Museum draft minutes of meeting held February 28, 2006. File: C06 (e) OMERS Employer Update brochure winter 2006 edition. File: A01 (f) Association of Municipalities of Ontario correspondence dated March 3, 2006 regarding "Municipal Act Reform—Update", "OMERS Bill 206—Status of Supplemental Plans"and "Update on Proposed Amendment to Municipal Council Term". File: A01 (g) Federation of Canadian Municipalities correspondence dated March 7, 2006 regarding World Urban Forum 3 in Vancouver. File: A16 (h) Ontario Brownfields Knowledge Workshop Series: Building Capacity for Brownfields Redevelopment &Revitalization. File: M04 (i) St. Thomas—Elgin Tourist Association correspondence regarding Annual meeting to be held April 18th File: A01 (j) OGRA/ROMA combined conference sessions now on-line. File: A01 (k) Elgin St. Thomas Health Unit"Lifestyle Link"winter 2006 edition. File: M07 (1) Email correspondence dated February 28, 2006 from Stewardship Ontario regarding letter dated January 31g from Daniel K. Steen. File: E07 (m) OI correspondence dated March 6, 2006 regarding"Stewardship Ontario confirms low glass recycling rates in Ontario". File: E07 Council Minutes - 57 - March 16, 2006 (n) Correspondence dated February 20, 2006 from Gord Propper in appreciation of Council's support. File: M04 (o) Correspondence dated March 6, 2006 from Don Pearson, General Manager Conservation Ontario regarding Section 28 Regulation(Generic Regulations) Conservation Authorities Act File: A16 (p) Correspondence dated March 10, 2006 from the Township of Malahide regarding Ontario Physician Shortage File: S08.06 (q) Bayham Health& Safety Committee Minutes from the meeting held February 8, 2006 File: C06 6. PLANNING,DEVELOPMENT,RECREATION& TOURISM 1. CORRESPONDENCE&REPORTS (a) Correspondence from Marion Randall and Hans Willms dated March 3, 2006 regarding the potential ferry service in Port Burwell File: C13/M04 2006-144 Moved by M Taylor Seconded by P Ens "THAT the correspondence dated March 3, 2006 from Marion Randall and Hans Willms be received for information." Disposition: Motion Carried Unanimously 7. ROADS,AGRICULTURE &DRALNAGE No items 8. PROPERTY,BUILDING& PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) Building Permit Report for the month of February 2006 File: P10 Council Minutes - 58 - March 16, 2006 2006-145 Moved by C Evanitski Seconded by M Taylor "THAT the Building Permit Report for the month of February 2006 be received for information." Disposition: Motion Carried Unanimously (b) Staff Report PR2006-04 regarding a Land Use Agreement for the Vienna Memorial Park File: L04 2006-146 Moved by M Schafer Seconded by M Taylor "THAT Staff Report PR2006-04 be received; AND THAT By-law No. 2006-020, being a by-law to authorize the Mayor and Clerk to execute a Land Use Agreement with the Lions Club of Vienna for the use of the Vienna Memorial Park, be presented to Council for enactment." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Email correspondence from Nancy Farley dated February 4, 2006 requesting the use of the municipal road allowance in Eden(deferred from Mar. 2/06) File: 2006-147 Moved by M Taylor Seconded by M Schafer "THAT the email correspondence from Nancy Farley dated February 4,2006 requesting the use of the municipal road allowance in Eden be deferred." Disposition: Motion Carried Unanimously Council Minutes - 59 - March 16, 2006 9. FINANCE,ADMINISTRATION & PERSONNEL L CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque#234 to Cheque#312 inclusive totaling$127, 095.22 and Cash Requirements for the period ending March 10, 2006 and Payroll Disbursements for the period ending February 26, 2006 totaling$41, 125.74. 2006-148 Moved by M Taylor Seconded by C Evanitski "THAT Cheque Register being Cheque # 234 to Cheque # 312 inclusive, totaling $127,095.22 and Cash Requirements for the period ending March 10, 2006 and Payroll Disbursements for the period ending February 26106 totaling $41,125.74 be approved." Disposition: Motion Carried Unanimously (b) Elgin Group Police Services Board Year End Report 2005 File F05/P17 2006-149 Moved by M Taylor Seconded by M Schafer "THAT the Elgin Group Police Services Board Year End Report 2005 be received; THAT the Municipality of Bayham supports the preferred option for policing (five new auxiliary and four new constables phased in by 2008); AND THAT a by-law authorizing the Mayor and Clerk to sign the necessary documents be prepared for Council's consideration." Disposition: Motion Carried Unanimously (c) Correspondence dated February 17, 2006 from G. Walker, K. Brackenbury and K. Pressey to the Vienna Community Centre Board requesting financial assistance File: C13 Council Minutes - 60 - March 16, 2006 2006-150 Moved by C Evanitski Seconded by M Taylor "THAT the correspondence dated February 17,2006 from Gail Walker, Kelly Brackenbury and Karyn Pressey regarding fmancial assistance be received; AND THAT Council approves a fee waiver for use of the Vienna Community Centre on May 27th to hold a fundraiser in support of the John Walker family,subject to payment of the cleaning fee and provision of liability insurance coverage in the amount of$2 million dollars." Disposition: Motion Carried Unanimously (d) Port Burwell Marine Museum Board minutes of meeting held January 3'4 and email correspondence dated March 3, 2006 requesting the Port Burwell Lighthouse be nominated to "Ontario's Historic Places Initiative" File: C06 2006-151 Moved by M Taylor Seconded by C Evanitski "THAT the Port Burwell Marine Museum Board minutes of the meeting held January 3,2006 be received; AND THAT the Council of the Municipality of Bayham endorses the nomination of the Port Burwell Historic Lighthouse as a site of national historic interest through an on-line profile, an historic places initiative partnership between the Ontario Ministry of Culture and Canadian Heritage." Disposition: Motion Carried Unanimously (e) Long Point Region Conservation Authority Approved 2006 Budget and Municipal Levy and Audited Financial Statements for 2005 (the Audited Financial Statements for 2005 is in office and a copy can be provided upon request) File: A16 2006-152 Moved by M Schafer Seconded by P Ens "THAT the Long Point Region Conservation Authority approved 2006 Budget and Municipal Levy and the Audited Financial Statements for 2005 be received for information." Disposition: Motion Carried Unanimously Council Minutes - 61 - March 16, 2006 (f) Staff Memorandum C2006-005 regarding Museums Governance By-law 2006-003,including amending By-law 2006-013. Councillor Evanitski suggested and Council agreed that under "Human Resources"on page 2 of Schedule "A", the 2nd paragraph be amended to read: "In the absence of a curator position, the Board, through Municipal Staff as appropriate, will be responsible for overall general direction of museum staff. " File: C11 2006-153 Moved by M Schafer Seconded by M Taylor "THAT Staff Memorandum C2006-005 regarding Museums Governance be received; AND THAT By-law 2006-003, as amended, being a by-law to establish governance and structure for the Museums Bayham Board, be presented for enactment; AND THAT By-law 2006-013, being a by-law to further amend By-law 2006-005, a by-law appointing members to Boards and Committees of the municipality, be presented for enactment." Disposition: Motion Carried Unanimously 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) 2005 Annual Report for the Elgin Area Primary Water Supply System dated February 28, 2006 File: E05 2006-154 Moved by M Taylor Seconded by C Evanitski "THAT the 2005 Annual Report for the Elgin Area Primary Water Supply System dated February 28,2006 be received for information." Disposition: Motion Carried Unanimously (b) Correspondence dated March 9, 2006 from Elgin Area Primary Water Supply System regarding a request for Council's support to pursue funding for Phase 1 of the HELP Clean Water initiative File: E08 Council Minutes - 62 - March 16, 2006 2006-155 Moved by M Schafer Seconded by P Ens "THAT correspondence dated March 9,2006 from Elgin Area Primary Water Supply system be received; AND WHEREAS the Municipality of Bayham has previously indicated support for the Regional Water Quality, Capacity and Green Power Initiative, and through discussion with Infrastructure Canada for the Federal Government, the Public Infrastructure Renewal Ministry of the Province of Ontario and the efforts of Joint Water Board staff, this project has been restructured under the HELP Clean Water title,the Council of the.Municipality of Bayham re-confirms its support for this initiative as a high priority candidate for funding under the Canadian Strategic Infrastructure Fund and urges the Federal Government to re-new funding under the CSIF program." Disposition: Motion Carried Unanimously MOTION TO EXTEND LENGTH OF MEETING 2006-156 Moved by M Schafer Seconded by M Taylor "THAT in accordance with Section 12 of Procedural By-law 2002-93, Council shall deal with business until 11:00 p.m. at its meeting of March 16,2006." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE 2006-157 Moved by M Taylor Seconded by C Evanitski "THAT the Council do now rise to enter into an"In Camera" Session of Committee of the Whole to discuss: ❑ the security of the property of the municipality or local board; u personal matters about an identifiable individual,including municipal or local board employees; and o litigation or potential litigation,including matters before administrative tribunals, affecting the municipality or local board." Disposition: Motion Carried Unanimously Council Minutes - 63 - March 16, 2006 2006-158 Moved by C Evanitski Seconded by P Ens "THAT the Committee of the Whole do now rise from the "In Camera" session." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE &REPORTS (a) Confidential Staff Report P2006-008 regarding a property matter. (b) Confidential Staff Report H2006-02 regarding a personnel matter. 2006-159 Moved by M Schafer Seconded by M Taylor "THAT the Municipality utilize Town of Aylmer staff and Township of Malahide staff for CBO/building inspection services as needed, on a cost recovery basis until replacement staff are hired; AND FURTHER THAT By-law 2006-019, being a by-law to authorize the Mayor and Clerk to execute and agreement with Dwayne Daniel to be retained under contract as Drainage Superintendent for the Municipality,until replacement staff are hired." Disposition: Motion Carried Unanimously (c) Confidential Staff Report H2006-03 regarding a personnel matter. 2006-160 Moved by M Schafer Seconded by C Evanitski "THAT By-law 2006-021, being a by-law to authorize the Mayor and Clerk to execute an employment agreement with Nettie Froese be presented to Council for enactment." Disposition: Motion Carried (d) Confidential correspondence regarding a legal matter. (e) Confidential Committee Report EEFHT2006-001 regarding a property matter Council Minutes - 64 - March 16, 2006 2006-161 Moved by P Ens Seconded by C Evanitski "THAT Council supports the East Elgin Family Health Team Inc. Strategic Planning Committee's application for Transitional Funding from the Ministry of Health &Long-Term Care to fund improvements to the municipal owned medical building at 9299 Plank Road as it is included as one of the sites for the East Elgin Family Health Team Inc." Disposition: Motion Carried (f) Draft confidential correspondence regarding a personal matter. 12. BY-LAWS By-law 2006-003 A By-law to Establish Governance and Structure for the Museums Bayham Board By-law 2006-013 A By-law to Amend By-law 2006-005,being a by-law appointing Members to Boards and Committees By-law 2006-019 A By-law to Appoint a Drainage Superintendent and to Authorize Agreement By-law 2006-020 A By-law to Authorize the Mayor&Clerk to Execute an Agreement with the Vienna Lions Club (Skateboard Park) By-law 2006-021 A By-law to Authorize Employment Agreement(Froese) By-law 2006-022 A By-law to confirm Council Actions 2006-162 Moved by M Taylor Seconded by M Schafer "THAT By-laws 2006-003, 2006-013, 2006-019, 2006-020 and 2006-021 be read a first, second and third time and finally passed." Disposition: Motion Carried 2006-163 Moved by M Taylor Seconded by M Schafer "THAT confirming By-law 2006-022 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously Council Minutes - 65 - March 16, 2006 13. ADJOURNMENT 2006-164 Moved by M Taylor Seconded by P Ens "THAT the meeting be adjourned at 10:50 p.m." Disposition: Motion Carried Unanimously MAYOR 1 i 1i .� I. A CLERK ././ _ /j Date Approved: apz, 6/0 6