Council Minutes, May 12, 2008

TOWN OF FORT FRANCES COUNCIL MINUTES SESSION NO. 012 MAY 12, 2008 The meeting of Council of the Town of Fort Frances was held in the Council Chambers, Civic Centre on Monday, May 12, 2008 from 8:16 p.m. to 9:26 p.m. PRESENT: Mayor R. Avis, Chairperson (chaired 8:16 p.m. to 9:00 p.m.; 9:01 p.m. to 9:02 p.m. and 9:03 p.m. to 9:26 p.m.); Councillors J. Albanese, A Hallikas, K. Perry, G. Paul Ryan, S. Tibbs (chaired 9:00 p.m. to 9:01 p.m. and 9:02 p.m. to 9:03 p.m.) and R. Wiedenhoeft. ALSO PRESENT: M. McCaig, Administrator, G. Treftlin, Clerk; G. Bell, Manager, Community Services; D. Brown, Manager, Operations & Facilities; L. Witherspoon, Treasurer; D. Allan, Information and Technology Manager (8:16 p.m. to 8:50 p.m.) 1. Declarations of pecuniary interest by members: 1) Councillor K. Perry on agenda item 22, stating that the claim for per diem expense was his. He did not participate in any discussion of nor vote on the matter. 2) Mayor R. Avis on agenda item 8., the offer to purchase was received from his son; on agenda item 21, the claim for per diem expense was his; and on agenda item 23, the application for driveway extension was from his spouse at their residence. Mayor Avis did not participate in any discussion of nor vote on these matters. He turned the chair over to Deputy Mayor S. Tibbs while the matters were considered. 2. Verbal Communications: 1) A public meeting was had with regard to final consideration of the 2008 Municipal Budget. D. Allan gave a PowerPoint presentation. C. Denby spoke on behalf of the Fort Frances Chamber of Commerce in appreciation of the Town s continued support. 3. Written communications as per the agenda attached. 4. Non agenda items: 1) By-Law No. 16/06-B 2) Request from the Forestry Coalition for resolution of support. 5. Resolutions: 151 Albanese-Perry: THAT the provisions of the Procedure By-Law be suspended to allow this meeting to commence post 7:30 p.m. CARRIED 152 Ryan-Wiedenhoeft: THAT the presentation from J. Beaton, paramedic re: OMERS-NRA60 be received. CARRIED 153 Wiedenhoeft-Ryan: THAT the following Consent items be approved: 1) Committee of the Whole Consent items # 12,14,15,16,17,19 and 20. 2) Council Consent Summary Report # 36 3) Council Consent items # 38,39,40,41 and 42. CARRIED 12) approved the March 2008 Drinking Water Systems Monthly Summary Report. Council Minutes 2008 May 12 Page 2 14) approved a deeming application from Gary and Tina Arnold re: Lots 11 & 12, Registered Plan M-74 - 925 Cornwall Avenue North. 15) approved a deeming application from Mark and Bonnie Broman re: Lots 10 & 11, Registered Plan M-144 1132 Church Street. 16) approved a deeming application from Tina and Jamie Roth re: Lots13 & 14, Plan SM60 906 Smith Avenue. 17) approved a annual contribution in the amount of $650.00 to the Rainy River Vet Assistance Trust Fund. 19) approved certain financial and in-kind services as outlined in the report from D. Scofield, Deputy Treasurer re: 2008 Fort Frances Canadian Bass Championship. 20) approved purchase card expense in the amount of $58.00 for Mark McCaig, CAO re: ROMA/OGRA Conference. 38) approved a Break Open Ticket Licence Application from Rainycrest Auxiliary at 364 Store from June 16, 2008 to December 15, 2008. 39) referred a request from North Air Services re: Increase to current meter rates to the Planning and Development Executive Committee for recommendation. 40) referred a letter from W. Dirk re: condition of roadway in front of 315 Butler to the Operations and Facilities Executive Committee for recommendation. 41) referred a request from M. Haukaas re: Placement of a windmill at parents grave marker to the Operations and Facilities Executive Committee for recommendation. 42) proclaimed June 2008 as Spina Bifida and Hydrocephalus Awareness Month in the Town of Fort Frances. 154 Ryan-Wiedenhoeft: THAT the minutes of the Council meeting being Session No. 11 dated April 28, 2008 having been typed and distributed be approved. CARRIED 155 Wiedenhoeft-Ryan: THAT the reports of the Committee of the Whole of Council meetings being Sessions No. 16 and 17 dated April 23 and 28, 2008 having been typed and distributed be approved. CARRIED 156 Perry-Tibbs: THAT the report dated May 7, 2008 from M. McCaig, CAO re: Purchase of Certain Property be received and further that the matter proceed as directed. CARRIED 157 Perry-Tibbs: THAT the report dated May 7, 2008 from M. McCaig, CAO re: Offer of Property Sale be received and further that the matter proceed as directed. CARRIED 158 Perry-Tibbs: THAT the report dated May 7, 2008 from M. McCaig, CAO re: Potential Acquisition of Certain Properties be received and further that the matter proceed as directed. CARRIED 159 Perry-Tibbs: THAT the report dated May 8, 2008 from M. McCaig, CAO re: Vacant Property Investigation into Development Potential be received and further that the matter proceed as directed. CARRIED 160 Perry-Tibbs: THAT the letter dated May 1, 2008 from C. Avis for reconsideration of offer to purchase re: Property on McIrvine Road. (Part 1 of Lot 41 River Range 48R-3747) be received and referred to Planning and Development Executive Committee for recommendation with input from Operations and Facilities Executive Committee. CARRIED Disclosure of Interest: R. Avis Council Minutes 2008 May 12 Page 3 161 Perry-Tibbs: THAT the report dated May 7, 2008 from M. McCaig, CAO re: Town Owned Rental Property 501 Sixth Street West be received and further that the matter proceed as directed. CARRIED 162 Perry-Tibbs: THAT the report dated May 5, 2008 from D. Brown, Manager Operations and Facilities re: Approval of Driveway Extension 523 Colonization Road East (Mrs. Barbara Avis) be approved. CARRIED Disclosure of Interest: R. Avis 163 Perry-Tibbs: THAT the report dated May 6, 2008 from D. Scofield, Deputy- Treasurer re: Mayor Avis Per Diem Expense be approved. CARRIED Disclosure of Interest: R. Avis 164 Perry-Albanese: THAT the report dated May 5, 2008 from D. Brown, Manager Operations and Facilities re: Tender No. 08-OF-01 Upgrades to the Water Tower be approved as amended and further that an authorizing by-law be prepared. CARRIED 165 Albanese-Perry: THAT the report dated May 6, 2008 from D. Scofield, Deputy- Treasurer re: Rainy River District Regional Abattoir Committee be approved. CARRIED 166 Perry-Tibbs: THAT the Fort Frances Canadian Bass Championship Live Release Tournament be designated as a significant community festival and event and further that July 20 to 26, 2008 be proclaimed as Fort Frances Canadian Bass Championship Week in the Town of Fort Frances. CARRIED 167 Albanese-Tibbs: THAT the report dated May 6, 2008 from D. Scofield, Deputy- Treasurer re: Councillor Ken Perry Per Diem Expense be approved. CARRIED Disclosure of Interest: K. Perry 168 Perry-Tibbs: THAT the presentation from C. Robertson, Director Committee Chairman re: Rainy River Standard Condominium Corporation No. 1 re: Water and Sewer Billing Issues be received and referred to the Operations and Facilities Committee for recommendation. DEFEATED Yea: R. Avis, A. Hallikas, R. Wiedenhoeft Nay: J. Albanese, K. Perry, P. Ryan, S. Tibbs 169 Ryan-Hallikas: THAT in the matter of the presentation from C. Robertson re: Rainy River Standard Condominium Corporation: Sewer and water charges for common room be waived as of June 1, 2008; That charges for the fire hydrant and sprinkler system remained unchanged. CARRIED Yea: R. Avis, J. Albanese, A. Hallikas, P. Ryan, S. Tibbs Nay: K. Perry, R. Wiedenhoeft. 170 Ryan-Wiedenhoeft: THAT the following by-laws be introduced and read a first, second and third time, be finally passed, signed by the Mayor and Clerk, sealed with the Corporate Seal and become law forthwith: 07/06-B A By-Law to approve an amendments to an agreement with the Northern Ontario Heritage Fund Corporation for financing of a Heritage Tourism Project under the Infrastructure and Community Development Program. Council Minutes 2008 May 12 Page 4 25/08 A By-Law to designate, under the Planning Act, Section 50(4) Lots 13 and 14 on Plan SM-60 (906 Smith Avenue). 29/08 A By-Law to designate, under the Planning Act, Section 50(4) Lots 11 and 12 in Block 11 on Plan M-47 (925 Cornwall Avenue North). 30/08 A By-Law to designate, under the Planning Act, Section 50(4) Lots 10 and 11 on Plan SM-144 (1132 Church Street). 31/08 A By-Law to approve a municipal response agreement with the MNR with respect to human/black bear conflict management. 32/08 A By-Law to adopt the estimate of all sums required for all municipal purposes during the year 2008. CARRIED 171 Ryan-Wiedenhoeft: THAT By-Law No. 16/06-B, being a by-law to amend By- Law No. 16/06, the Water System Management By-Law, be introduced and read a first, second and third time, be finally passed, signed by the Mayor and Clerk, sealed with the Corporate Seal and become law forthwith. CARRIED 172 Ryan-Wiedenhoeft: Whereas the Ontario s Crown Forest Sustainability Act (CFSA): has been in place since 1994 and requires that Forest Management Plans (FMPs) identify threatened and endangered species as featured species and provide for their protection within the area covered by the plan, is built on a model of continuous improvement and adaptive management, forest management guides/guidelines must be reviewed at a minimum of every 5 years to ensure they incorporate and reflect new science, and Whereas the implementation of CFSA has resulted in a proven, effective and efficient means of providing for species at risk, and Whereas Ontario s forestry practices are internationally recognized as world class. Therefore be it resolved that that the Municipality of the Town of Fort Frances a) calls on the Government of Ontario to ensure that the Endangered Species Act (ESA) will not replace the forest management planning process, but rather complements this process and provides opportunities to integrate species and habitat protection requirements, and b) calls on the Government of Ontario to live up to the commitment made by the Minister of Natural Resources in May 2007 when he stated specific recognition of the Crown Forest Sustainability Act (CFSA) and Forest Management Plans as equivalent processes which plan for species at risk (and) can be accomplished through Bill 184 (the Endangered Species Act). Specifically, Section 54 (now section 55) allows regulations to be made which can provide for forest management activities that address protection of species at risk and their habitat c) and that this resolution be immediately faxed to the following: a. Premier of Ontario b. Minister of Natural Resources c. Minister of Northern Development and Mines d. The Ontario Cabinet e. Leader of the Opposition Council Minutes 2008 May 12 Page 5 f. Leader of the New Democratic Party g. Area MPPs h. Local Media i. NOMA j. NOACC CARRIED 173 Wiedenhoeft-Ryan: THAT this meeting of the Council of the Town of Fort Frances be now closed. CARRIED R. Avis, Chairperson S. Tibbs, Chairperson G. Treftlin, Clerk