MUNICIPALITY OF ARRAN-ELDERSLIE
MINUTES MONDAY SEPTEMBER 24, 2007 AT 5:00 P.M. COUNCIL CHAMBERS
______________________________________________________________________________________
PRESENT: Mayor Ron Oswald, Deputy Mayor Mary Cumming
Councillors Stacy Charlton, Mark Davis [5:55 pm], Paul Eagleson, Ross Herron
PRESS: Mary Golem, Sun Times
PUBLIC: Jeffrey Dick & Jamie Zimmerman, Ontario Fire Marshal’s Office [OFM]
Marie Hammell
Chris LaForest, Director of Planning, Kara VanMyall, Planner, Bruce County
Don Scott & Brandon Ward, Cuesta Planning Consultants
STAFF: WORKS MANAGER, Vernon Weppler
TREASURER, Joanne Marklevitz
FIRE CHIEF, Paul Best
FIRE CHIEF, Rob Bonderud
DEPUTY FIRE CHIEF, Dave Teeple
DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF: none with agenda
MINUTES
Two corrections were made prior to passage.
Moved by: M. Cumming Seconded by: R. Herron
that the minutes of Sep 10, 2007 be adopted as amended. Carried
BUSINESS ARISING OUT OF THE MINUTES:
Tara Arena sandblasting to be ready for inspection tomorrow prior to painting.
DELEGATIONS
Weppler attended to discuss 2008 road project: 3rd Ave SW estimated at $500,000 for all services including roadwork, water and sewer; engineering was done this year; necessary to move hydro poles, no estimate yet, would like to get hydro underway; Council directed Weppler to get underground and overhead estimates from Hydro One before making a final decision on road design.
Oswald asked Weppler about a site meeting with County Planning and Engineer re Turner senior housing units turning boulevard, 10 am Thursday September 27th.
Marklevitz attended to review the accounts with Council and Weppler:
7:30 PM ONTARIO FIRE MARSHAL, Jeffrey Dick, Jamie Zimmerman, to present final review
Oswald and Eagleson thanked everyone for coming. Fire Protection Specialist, Jeffrey Dick, presented his final review and went over the main points with Council.
Recommendations in random order for Council’s consideration:
1. implement a risk management program
2. establish one fire department in consultation with the Fire Chief
3. become familiar with the legislation, Fire Protection & Prevention Act, attend OFM seminar
4. become compliant with sub-clause 2(1)(a) of the FPPA
5. consider the Occupational Health & Safety Act requirements
6. ensure that at least 10 firefighters are assembled on scene of reported structure fire in a single family dwelling within 10 minutes of notification, 90% of the time for the urban areas
7. initiate shorter term annual business planning and longer term master fire plan
The OFM will work with the Municipality to become compliant with FPPA, a number of different options will become apparent during the master fire planning, strike a committee including the OFM local representative [Zimmerman];
Nothing in the review is binding upon the Municipality, including the 26 opportunities for improvement, there is no order associated with the review.
Eagleson hopes to prioritize the recommendations at Protective Services; Dick suggested working on the master fire plan as it would work us through the process, it is Council who determines the level of service it provides.
Bonderud appreciates receiving this review, it will be a great help to us, no doubt going to one fire department would be more efficient.
Zimmerman advised Council that he is available to help the Municipality work through the process, the review is the basis towards a master fire plan, the OFM has a lot of support staff who are available to help.
Eagleson summed up that Council has accepted the review, which is now a public document.
Oswald thanked the OFM representatives
Now that the final review has been presented, Jeffrey Dick has officially turned the project over to Zimmerman for follow up.
8:29 PM MARIE HAMMELL, 2007 Mastercard Great Canadian Hockey Mom
Mayor Oswald and Deputy Mayor Cumming presented a certificate and flowers in recognition of Hammell’s award. She just enjoys the children, watching them grow up and playing hockey.
8:30 PM DON SCOTT, CUESTA PLANNING, CHRIS LAFOREST, BRUCE COUNTY PLANNING, to review the Gary MacDonald OPA
Eagleson asked for an update on the application; Scott said that MacDonald would like to create a lot on his home farm in the location of a former gravel pit with ponds which is not good farmland; County has designated this particular section 'agriculture' and the actual portion of the land farmed is a 'rural' designation; originally wished to designate the subject portion 'rural' in keeping with its characteristics; agreed to apply for an OPA designation change and was prepared to reduce the size of the area considerably to enable a small building envelope and the ponds; Scott did not have an opportunity at the County meeting to discuss conciliation; as a result County Council did not pass the OPA; asked for a deferral but Council adopted the report and put them into a position they had to appeal; the OMB asked if they were interested in mediation which Scott would like to do—with someone—no luck yet; owner is prepared to accept a smaller lot size while maintaining conservation authority setbacks—about 4 to 5 acres which was originally about 8 acres; also prepared to go back to original proposal to resubmit an application to redesignate the land as rural; if it stays agricultural they are prepared to restrict the land to no further severances.
Scott said this is a local issue even though it’s the County Official Plan so would like some indication if Council agrees as it passes zoning.
LaForest said the first application was for a retirement lot which was no longer provided in the OP and MacDonald had already had a retirement lot from another farm. [Council considered that irrelevant to the subject property] Made it clear the Department would have trouble supporting the application. Lot area was not one of the major issues at County ATP Committee. Question was do we need another lot at this location, had comments from neighbours about effect on other farms. Gravel pits in agriculture areas are to be restored to agriculture uses. Did agree to mediation, if there was a solution he would report back to County Council, only issue tabled was lot area. Planning Staff felt it should be refused. Some of the public think the matter is dead. Has concerns about Scott asking for Council’s support. Every farm parcel has some piece of marginal land which does not necessarily mean there should be a house on it. We do have a rural designation which allows three lots to be severed. If Scott thinks he has been unfairly treated by Staff he can apply to have the OMB mediate. He did not want Council to pass any resolutions that would prejudice a hearing.
Eagleson clarified that ATP makes the decision based on Planner’s reports, what input did have Arran-Elderslie have? Original application deferred till zoning could comply with County OP. Would like to find some common ground. Scott offered to resubmit for a rural designation but LaForest would not consider that.
Herron would not want the site for agriculture, there are two homes right there, would only change setbacks 200’, other farming operations are already there. The best part of that farm is designated rural while the gravel pit is agriculture. Scott does not buy LaForest’s “precedence setting” argument—every property has different circumstances. There is already significant development with other lots and a commercial business nearby. LaForest said there are lot creation restrictions in the OP. Bruce County has a restrictive policy to protect agriculture. Davis said that Bruce County adheres to the PPS when other jurisdictions do not. Eagleson has come to agree that we can no longer be as restrictive to development in areas where there is already some development. Charlton has farmed in southern Ontario and there are not automatically problems. Davis said it makes no sense to maintain the cheap food policy at the expense of local farmers. LaForest said it is possible to redesignate land classifications.
Oswald said that Council is supporting MacDonald’s application for a smaller lot size.
Eagleson would like to receive copies of any objections the County received. It was finally stated by LaForest that there is nothing in support of the application that Scott can provide that would change his position. Eagleson ended the discussion on the MacDonald application.
In another matter, Cumming has been approached by Bevin Gregg about a proposed lot severance in Paisley. Brandon Ward reviewed the proposal for Council, which was to sever one of the large estate lots in two fronting on Duke St. The Planning Department seemed to be supporting the proposal at first, discussed severing into 4 lots, talked to Works Manager who confirmed the depth of the sewer in Balaklava St would mean taking sewers to Duke St via a servicing easement. The Planning Department would like to see additional development by a plan of subdivision on the other lots in the area which have environmental hazards, owner does not have the means to do that. LaForest outlined the possible problems with development by consent, he thinks there is an EA requirement for servicing.
Council advised the said lots are already serviced and it is normal for individuals to have easements across neighbour’s property for sewer laterals—no municipal services would have to go on private land. Eagleson recommended that Gregg submit his application for severances.
Oswald reminded everyone that in all 8 municipalities in the County there still seems to be room for improvement in planning matters. Wonders if we should have a special meeting just on planning, sometimes too busy to communicate, list things we would like to address. Eagleson noted the Planning Department doesn’t really have a vehicle to talk with Staff before writing reports or seeing the site first before reports are issued. LaForest said they can be available to meet for public inquiries at local municipal offices.
General discussion on other County planning matters.
ACCOUNTS – were reviewed with Staff prior to approval
CORRESPONDENCE – copy to all unless otherwise noted
1 REQUIRING ACTION
1.1 City of Cornwall - requesting support of its August 13, 2007 resolution requesting the Province of Ontario to assume 100% of court security costs and re-assume 100% of all Provincially mandated programs. [added Provincial policing levels and farm tax rebate program]
1.2 Mayor Charlie Bagnato – requesting support for his interest in being appointed as a Municipal Representative to the Source Protection Committee
1.3 Town of Smiths Falls - requesting support of its September 17, 2007 resolution urging the Association of Municipalities of Ontario to take a much more active role in the Province's anticipated assessment system reforms to ensure a fair, equitable and comprehensible system without the flawed capping system used in the past.
1.4 The Nation Municipality - requesting support of its September 17, 2007 resolution to withhold any sampling and lead testing in private homes and to transfer the responsibility to the local Health Unit
Council agreed it is our responsibility to provide good water to the property line, what is inside a private home is a health issue.
1.5 Dave Rosner, Sr. Project Technologist, Pryde, Schropp, McComb Inc - Galbraith Municipal Drainage Works Proposed Ditch Bottom Cleanout 2007 as outlined in his report dated September 21, 2007, File: 00798
Herron noted all agency approvals are required before the project can be tendered; as this is the third cleanout it should be straightforward for Saugeen Valley Conservation Authority to approve.
2 INFORMATION ONLY
2.1 Association of Municipalities of Ontario
a) southwest municipal conference – Oswald, Charlton and Herron will attend
b) advocacy paper: "Poverty and the Property Tax Burden in Ontario"
2.2 Bruce County Planning – letters to residents
a) David Wilson
b) Fred & Linda VanSlightenhorst
c) Don Kennedy
d) Bevin Gregg c/c Cuesta Planning, Brandon Ward
Eagleson asked if the Planning Department had contacted this office before writing the above letters—no. We have to become more flexible with rural development that does not affect agriculture, development is being turned away.
Herron added that another individual who was also turned down, sees no reason why his proposal couldn’t have been approved. There are already houses there, so a few more would have no more effect on local farming.
2.3 Rural Ontario Municipal Association – Ontario Election 2007: promoting a rural agenda
2.4 Ministry of Municipal Affairs & Housing – Municipal Councillor's Guide available on-line
2.5 Municipality of Morris-Turnberry – resolution of support for Les Nichols to represent Group 3 on the Source Water Protection Committee
2.6 Drinking Water Source Protection – Q & A re appointment of municipal representatives
3 EVENTS
3.1 Bruce Community Futures – P.E.A..K. Awards
3.2 Bruce County Highways – notice of public information meeting re Nagg's Bridge Sep 27th
REPORTS OF MEMBERS – copies of any written reports to all
CUMMING
Attended OPG meeting, nothing yet on okay for the waste site, Kincardine preparing letter of support for all Member Municipalities to sign
Attended the OFM seminar at the CAW, very interesting, informative
Attended IAC last week
Paisley Health Clinic Committee went to see Mildmay clinic which has eight examination rooms.
Chesley Doctors interested in joining the family health team, Bob Heisz coming to talk to them
Dave Barrett and Dale Steinhoff are meeting with Bruce Power re contribution to construction. Will be installing storm sewer pipe soon on medical clinic lot.
DAVIS
Paisley Fire Board meets Oct 3rd, gift for former Chief Cumming to be presented.
Chief Bonderud reports they have additional firefighters, require additional bunker gear before price increase.
Saugeen Shores intends to give notice it is exiting, will arrive at an exit figure in-house rather than hire an appraiser, will look at rates for fire protection; discussed various matters related to a withdrawal from the Board
EAGLESON
The OFM seminar was a meaningful day, the whole idea is shifting from suppression to education and prevention, we need to work on that.
Found the County museum stats interesting, is happy to see they are doing well
HERRON
Attended the drainage site meeting
Attended the Allenford Ballpark donkey baseball fundraiser which was well supported
CHARLTON
Also attended the drainage site meeting
Saugeen Country Tourism, filled out advert application
Attended the OFM seminar, we can work within our budget, interesting time ahead
Chesley Chamber trying to reorganize
Going to Toronto on Sunday to represent the area at the snowmobile show, not on the Municipality’s tab
OSWALD – County reports
a) Les Nichols – request for support
b) 2007 long range highways program
c) tandem truck quotations for 2008
d) responsibility for planning approvals between County and Saugeen Ojibway Nation
e) household hazardous waste collections
f) public access defibrillation update
g) community housing registry
h) Bruce County museum summer stats comparison
i) International Plowing Match 2008 – requesting free rental use for Beautification Awards banquet August 15, 2008. Discussion on inconsistent granting of such requests, Herron suggested a policy in future that would look after our own residents’ requests following personal mishaps for benefit events.
Reported on his activities since the last meeting
Suggested Council should have more committee meetings
Would like Members of Council to prepare a report of what they would like for their Wards. Eagleson noted that no matter what is planned, projects shift as issues crop up
REPORTS OF MUNICIPAL OFFICERS – copies of written reports to all
1 Local Legions planning for Remembrance Day – who will be laying wreaths?
Cumming & Davis will do Paisley; Eagleson & Herron alternate in Tara; Charlton will do Chesley; Oswald will be doing a County wreath.
2 Excerpts from procedural by-law
BY-LAWS
1 Marguerison site plan agreement
CLOSED SESSION
1 Identifiable individual's personal proposal for his development
2 Personnel report re position vacancy
3 Municipal Solicitor's advice
4 Survey of identifiable individual's lot development
5 Disposal of property
MOTIONS
Moved by: R. Herron Seconded by: S. Charlton
that accounts payable voucher #16-07 in the amount of $186,214.61 be paid.
Carried
Moved by: S. Charlton Seconded by: M. Cumming
that we support the City of Cornwall's August 13, 2007 resolution requesting the Province of Ontario to assume 100% of court security costs and re-assume 100% of all Provincially mandated programs;
and further that the Province assume the cost of providing Provincial levels of OPP policing services currently funded by local municipalities;
and further that the Province of Ontario re-assume the Provincial Farm Tax Rebate Program.
Carried
Moved by: R. Herron Seconded by: S. Charlton
that we support the Town of Smiths Falls' September 17, 2007 resolution urging the Association of Municipalities of Ontario to take a much more active role in the Province's anticipated assessment system reforms to ensure a fair, equitable and comprehensible system without the flawed capping system used in the past. Carried
Moved by: M. Cumming Seconded by: S. Charlton
that we support The Nation Municipality's September 17, 2007 resolution to withhold any sampling and lead testing in private homes and to transfer the responsibility to the local Health Unit
Carried
Moved by: S. Charlton Seconded by: M. Cumming
that we approve the recommendation by Dave Rosner, Sr. Project Technologist, Pryde, Schropp, McComb Inc. to proceed with the Galbraith Municipal Drainage Works Proposed Ditch Bottom Cleanout 2007 as outlined in his report dated September 21, 2007, File: 00798 Carried
Moved by: M. Davis Seconded by: P. Eagleson
that we approve the use of the Chesley Curling Club & Kitchen facility for the IPM 2008 Beautification Committee for their awards banquet on Aug 15, 2008 at no charge. Carried
Moved by: M. Cumming Seconded by: R. Herron
that a by-law to enter into a site plan agreement with Margerison, Roll No. 001-177, be read a first and second time. Carried
Moved by: M. Cumming Seconded by: R. Herron
that the by-law to enter into a site plan agreement with Margerison, Roll No. 001-177, be read a third time, finally passed and numbered 27 -07. Carried
Moved by: R. Herron Seconded by: S. Charlton
that we go into closed session with the Clerk/CAO to discuss identifiable individuals, personnel, disposal of property and Solicitor advice. Carried
Moved by: S. Charlton Seconded by: M. Cumming
that we return to regular session. Carried
Moved by: M. Cumming Seconded by: R. Herron
that we accept the report of the Interview Panel's interview for a Facility Lead Attendant, dated Sept 17/07.
Carried
Moved by: M. Cumming Seconded by: S. Charlton
that we do now adjourn to the call of the Mayor. Carried
Adjourned at 10:40 pm