MUNICIPALITY OF ARRAN-ELDERSLIE

                     MINUTES MONDAY JANUARY 14, 2008 AT 9:00 A.M. COUNCIL CHAMBERS

______________________________________________________________________________________

PRESENT:        Mayor Ron Oswald, Deputy Mayor Mary Cumming

                        Councillors Stacy Charlton, Mark Davis, Ross Herron, Jack Riley

REGRETS:        Paul Eagleson

PRESS:                        Mary Golem, Sun Times (morning session; afternoon session 2:15 to approx. 4 pm)

PUBLIC:            Jean Hutcheson and Dave Inglis, Saugeen Country Tourism

                        Ray Barnard, First General Services (Durrer Group)

OBSERVERS:   Jim Marsh, Robert Cottrill, in the morning

STAFF:             RECREATION & FACILITIES DIRECTOR, Dan Woods

                        TREASURER, Joanne Marklevitz

                        WORKS MANAGER, Vernon Weppler

                        WATER/SEWER FOREMAN, Scott McLeod

                        ASSISTANT CLERK-TREASURER, Marcie Wilkinson

                        Clerk/CAO, Joan Albright

DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF:  none

MINUTES

Moved by: J. Riley                                                          Seconded by:   M. Cumming

that the minutes of December 10, 2007 be adopted as circulated.

                                                                                    Carried

BUSINESS ARISING OUT OF THE MINUTES:  none

DELEGATIONS

9:00 AM            RECREATION & FACILITIES DIRECTOR, Dan Woods

Reviewed his report with Council: 

Chesley: positive feedback from Triple A hockey; Chesley brine system on-going problem, have found a leak under the insulation which has been temporarily fixed, have bled the lines, are not now required to add any more brine, permanent fix not major when ice season ends; quotes for hall sound system from Fromager as local suppliers buy from him, waiting on one more quote, Woods will poll Council for a decision when it arrives; just received drawings to construct an entrance shelter, will get quotes; no estimate of damage from two library break-ins yet;

Paisley:  arena main electrical panel melt down, no fire started in the electrical room, Brian McAllister arranged emergency repairs, waiting on invoice;

Tara:  working on library on-going water issues; quotes for air exchanger, delay until Eagleson is present; quote to remediate the leaking block foundation, delay this too until Eagleson and Hans Hagemeier can be present, suggestion to divert basement water to the sanitary sewer so any contaminants present would be treated at the lagoon and not go to the storm sewer and the river.

Suggestion to post civic addresses on community centres, parks, playing fields, etc. to facilitate people calling 911 with location, use same coloured signs as rural areas.

Leisure Guide is being updated weekly, distribution first week of March

Follow-up on Arkwright Hall, has not yet made contact with Gary Morris who would like to do a face-lift

9:30 AM            SAUGEEN COUNTRY TOURISM, available to answer questions on grant request                                (correspondence item 6.1.9)

Jean Hutcheson circulated their current Board Members with contact information and their main objectives for 2008;  Hutcheson reviewed the objectives with Council, including:  direct promotion, presence at the IPM  this year; (Charlton pointed out the correspondence from the IPM 6.1.5 below, Riley thought it may be possible to have Saugeen Country occupy our space ); targeted promotional mailings; data base for contacts; visitor information centre; web site; central contact-base for tourism business; travel guide; membership; Arran-Elderslie, Hanover, Brockton and West Grey have been their core support in reviving the Association; Charlton noted that he has been attending the regional tourism meetings, the larger municipalities with bigger tourist operators contribute considerable funds, in order to promote ourselves we will have to spend more; Hutcheson pointed out that any visitors, not just ‘tourists’ should be attracted as well as local residents, many local people are unaware of interesting local stores and features.

10:00 AM          RAY BARNARD, FIRST GENERAL SERVICES, DIV OF DURRER GROUP, HANOVER, response to Tara Library mould removal letter

There was an extensive discussion with Barnard about the handling of this matter.  Barnard circulated a written response to Council’s questions.  The discussion ended at 10:50 am.

Barnard was originally contacted by the County Librarian, Marzio Apolloni, however at a meeting Nov. 16th representatives from the Municipality agreed to take over the costs incurred for the preliminary mould testing and air scrubber rental [original rental quoted at $65/day for 4 days plus filters costing $188 plus 17% profit, totalling $524.16 excluding tax].  The actual cost to purchase an identical air scrubber is about $500.

Barnard was not happy that his email of Nov 9th to Apolloni was forwarded by Apolloni to the Municipality.

Barnard questioned why no other contractors were present at the Nov. 16th meeting which led him to assume the information he provided was used to hire another contractor and that his air scrubber was used by the other contractor.  Consequently Barnard invoiced the Municipality a $427.17, plus tax, consultation fee (which was not brought to the attention of the group at the meeting, in the event Barnard was not the successful bidder).  Barnard failed to recognize that since the local health unit was represented at the meeting it was quite capable of outlining the mould removal process to Members of Council—there was no reliance on Barnard's advice.  Altogether, three firms quoted on the cleanup.

Barnard was upset that the Municipality 'stole' his mould testing consultant.  In fact the County Librarian forwarded the test results from Barnard's consultant to the Municipality without Barnard's approval—otherwise the Municipality was unaware of the identity of the consultant.  Barnard objected to the Municipality using his consultant for the follow-up testing after the mould treatment process.  Council pointed out the follow-up testing would have been questionable if a different firm had done it.  Barnard acknowledged that, while he has the firm on retainer, it is free to take on other clients.

Instead of 4 days, Barnard invoiced the Municipality for 15 days as his air scrubber was not returned to him sooner nor did he pick it up, with the new air scrubber charge totalling $1,360.71 plus tax.  Barnard complained that he had not been notified that another contractor got the job. 

Barnard pointed out that the follow-up testing fees were included in his original quotation.  It was pointed out to Barnard that his cover letter for his quotation merely noted the preliminary mould testing fees were included [$1,624.66] but the follow-up fees were obscurely listed in print requiring a magnifying glass, at $2.00 each which was unclear to the Municipality.  The quotation was perhaps clear to someone in the business but not to the Municipality as it contained many numbers—some cubic feet, some daily rates, some hourly, some 'each', some percentages—with no column of figures for specified cleaning items which, when added, equalled the total quote. 

Barnard disputed the fact that the initial 'smell' in the building was caused by sewer gas entering the building through the unused handicapped toilet which had been allowed to dry out as the room was being used for library storage and not as an accessible washroom for library patrons.  However, Barnard was not in the building before the toilet trap was filled with water and the sewer gas eliminated.  Because Apolloni insisted there was a mould problem, the Municipality removed basement panelling which released any mould behind it.  When Barnard arrived, mould had been circulated.  Therefore, Barnard could not speak with any authority on the matter of the sewer gas.

Barnard insists he left many messages for Woods and Eagleson when he tried to follow-up his quotation, but no one returned his call.  It was pointed out that there are other Municipal Staff Members and Councillors who could have helped him when his messages were not returned.  Woods was on vacation after completing cleanup arrangements.

Woods reported that he called Barnard on Nov. 19th [the day Barnard's quote was received] to obtain a start date for the removal which was Nov. 29th or 30th.  As time was of the essence, another contractor who could start sooner—Nov. 22nd—got the job.

Council did not make an immediate decision on payment of the invoice totalling $3,617.29 as Eagleson was not present and Members wished to discuss the matter further and made it clear they were not satisfied with Barnard's billing or his explanations.  Barnard indicated that if the Municipality does not pay, he would "invoice Apolloni for the work that was originally contracted to him".

11:05 AM          TREASURER, Joanne Marklevitz

Treasurer and Works Manager reviewed the accounts with Council; questioned the amount of heating oil consumed at the former Chesley office; noted high diesel costs.

Reviewed her written report with Council.

Has signed the notice of vesting on Allenford gas bar/restaurant; Staff has contacted the local contractor re tank removal, waiting for ownership to proceed.

Animal Control Officer inquiring about canvassing the Municipality again for dog tags:  Staff will prepare recommendation.

11:55 AM          WORKS MANAGER, Vernon Weppler

Reviewed his report with Council:  working on total equipment hours and mileage, considering recommendation to hire in-house mechanic; discussed Gamsby & Mannerow offer to complete a waste management plan (come to next meeting); discussed obtaining design approval for bridge/culvert from Oceans & Fisheries and/or the conservation authorities.  Flooding last week lifted culvert from road.

Will have County come to next meeting to discuss 1st Ave S. construction project.

1:15 AM            WATER & SEWER FOREPERSON, Scott McLeod

Reviewed his report with Council:  inspection ratings for water systems in 2007; summary of the Tara sewage inspection by MOE in November; date and agenda for the next Tara Water Committee meeting—will wait for Eagleson; reported draw down report on Tara tower from a fire hydrant; reported rain water effects on sewage pumps; Chesley north end sewage pump quit, arranged for trucking to sewage lagoon, no basements flooded, pump has been replaced, interim pumping required many man-hours, recommends a new secondary pump rather than rebuilding one, not just backup, the two pumps run alternately;  working on renewal of the certificate of approval for application of Paisley’s WWTP sludge.

ACCOUNTS – copy to all

CORRESPONDENCE – copy to all unless otherwise noted

1          REQUIRING ACTION

            1.1        Ontario Medical Association - requesting support of its initiative to ban smoking in cars carrying children

            1.2        Saugeen Community Business Excellence Awards – looking for business sponsors for 2008

            1.3        Township of West Lincoln – requesting support in voicing concerns to the Ministry of the Environment and the Ontario Ministry of Agriculture, Food & Rural Affairs re proposed changes to the regulatory framework for non-agricultural source materials

            1.4        International Plowing Match 2008 – looking for municipal sponsorship

Riley and Davis noted that we had sponsored the kick-off event in Tara and are sponsoring the beautification event at the Chesley Curling Club, in-kind contributions, could consider supplying staff for garbage pickup, water supply etc., Riley recommended that no monetary sponsorship is required now.

            1.5        Bruce County Tourism – notice of space available in the County tent for the 2008 IPM

Charlton will follow up with the County and Saugeen Tourism Association

            1.6        Heart & Stroke Foundation of Ontario – requesting recognition of February 2008 as Heart Month by permitting a door-to-door canvass in Arran-Elderslie

            1.7        City of Owen Sound - requesting support of its undated resolution supporting the One Cent NOW! campaign which is proposed to transfer the equivalent of one cent [of every dollar?] of the G.S.T. to municipalities across Canada to fund infrastructure (message from website attached)

            1.8        Durham Region - requesting support of its December 12, 2007 resolution that the Federal Government revamp the criteria for Employment Insurance to ensure it acts as it was designed to be an insurance program to assist employees during periods of unemployment.

            1.9        Saugeen Country Tourism Association – requesting 2008 grant in addition to advertisement

            1.10      Township of Brock - requesting support of its December 17, 2007 resolution expressing its concerns against transferring regulatory control of the application of non-agricultural source material (NASM) to farmland from the Environmental Protection Act to the Nutrient Management Act

            1.11      Infrastructure Ontario - notice of eligibility to apply for funding through the new Municipal Infrastructure Investment Initiative program.  (Henderson, Paddon & Associates summary of construction-ready projects.  Will have more program criteria for January 28th)

            1.12      Dennis McGuire, Bonnie Huffman, Ron Code, Brenda Booth – petition to plow sidewalks on 7th St SE

Discussed with Weppler, 7th St. SE is one of the widest streets in Chesley, constructed full width and plowed full width, speed limit of 40 K, not in a financial position to remove more snow than is already being done, Weppler will get back to individuals.

            1.13      City of Waterloo - requesting support of its December 17th resolutions

                        a)  requesting the Province of Ontario  to fully exempt all Ontario municipalities from paying P.S.T. provided the savings are used to fund existing infrastructure renewal projects

                        b)  calling upon the Provincial and Federal government to re-examine how municipalities' infrastructure is funded and work together to provide long-term, sustainable infrastructure funding programs for all municipalities

            1.14      Infrastructure Ontario – notice of eligibility to apply for funding through the Ontario government's new Municipal Infrastructure Investment Initiate (MIII)

            1.15      City of Ottawa - requesting support of its December 7, 2007 resolution petitioning the Province of Ontario  for the authority to create a hotel room tax to raise revenue to fund increased infrastructure requirements caused by tourism

            1.16      Bruce County Planning – request for comments re zoning and consent applications for Greg and Jessica Calhoun, Lot 12 Conc 1 Elderslie

2          INFORMATION ONLY

            2.1        Grey Bruce Health Unit – thank you for use of Chesley community centre for flu clinic

            2.2        Association of Municipalities of Ontario

                        a)  Province announces community go green fund for greenhouse gas reduction projects

                        b) Ontario's fall economic statement provides much needed funding for municipal infrastructure and transit

                        c)  House of Commons motion calls for permanent federal gas tax funding for municipalities

                        d)  Ontario Municipal Partnership Fund (OMPF) – stable funding guarantee for 2008

            2.3        Larry Miller, MP – new program BizPal, one-stop information centre for permits and licences required from all levels of government (sample result from website attached)

            2.4        Bruce County Planning – response letters & fees

                        a)  Fred & Linda Vanslightenhorst

                        b)  2008 Fees

                        c)  Robin Kingston

                        d)  Greg & Jessica Calhoun

                        e)  Robin Kingston

                        f)   Santo Quartarone

Cuesta Planning Consultants forwarded a copy of the Planner's letter to Bevin Gregg requiring confirmation for a municipal class EA for connecting to municipal water and sewers.  No such EA is required and Council had earlier told the Planners that.  Will advise Gregg to continue his application for severance.

            2.5        Grey Sauble Conservation Authority – 2007 remuneration to members

            2.6        Patrick Burke, Ontario Fire Marshal – response to Council's support of the Township of Elizabethtown-Kitley's resolution that OFM training costs for new legislative requirements be provided free of charge – FM advises it is on a cost-recovery basis in support of municipalities

            2.7        Leona Dombrowsky, Minister, OMAFRA – response to Council's resolution of November 26, 2007 supporting the efforts of the  Fair Funding for Small Communities of Ontario

            2.8        Bruce County Clerk's Office – County Council Code of Conduct adopted December 6, 2007

            2.9        Gamsby & Mannerow – development of a municipal waste management plan

            2.10      Ministry of Municipal Affairs – McGuinty Government actions benefit municipalities

            2.11      Fisheries & Oceans Canada – consultation re consideration to add the lake sturgeon and the northern brook lamprey to the List of species at risk under the federal Species at Risk Act.  (one copy of consultation workbooks available)

            2.12      Ontario Provincial Police – 2008 estimated policing costs ($899,718); (2007 estimate was $885,135); we have not received the final 2007 costs yet; 3 copies of the 2006/8 South Bruce Policing for Results Community Survey available

            2.13      Ministry of Finance – background on 2008 Ontario Municipal Partnership Fund (OMPF)

3          EVENTS

            3.1        Grey Bruce Independent Automotive Repair Association – April 9th Right to Repair Awareness Night at the Owen Sound Legion

REPORTS OF MEMBERS – copies of any written reports to all

CHARLTON

Met with Dave Barrett, putting together projects, waiting on provincial budget announcements

Hope everyone had a good Christmas and New Year’s

HERRON

Attended the first conservation meeting, returned Dick Hibma as Chair of Grey Sauble

RILEY

            a)  Saugeen Valley Conservation Authority – one copy of draft budget document, copy of proposed budget and municipal levy to all.  Will be ratified in February.

DAVIS

Covered business during Works and Water/Sewer reports

Predator problems with increasing coyotes and wolves populations, damaging and spooking livestock to escape; asked the Mayor to check into the County’s bounty.

CUMMING

Has attended many health clinic meetings

Completed the tendering process for the Paisley medical clinic, reported on the Committee’s recommendation to accept Domm Construction Ltd.’s tender who can start the beginning of April with completion by end of June; have raised about $268,000 exclusive of in-kind donations; still some fundraising to finish up.  Riley congratulated the Committee and supports the tender motion; expressed concern with the basement and potential future water problems.  Cumming responded that the potential mould issue has been thoroughly discussed with the contractor who has assured them he is taking measures to prevent moisture problems.  Talked about in-kind donations which have not been valued yet for tax receipts.

January 23rd meeting arranged for South Bruce, Brockton and us to discuss the Walkerton clinic and doctor recruitment.  The physician recruitment and retention committee suggested each of the participating municipalities put a line on their tax bills to cover our contribution

OSWALD – County reports

            a)  2008 Board of Health members

            b)  CUPE Highways negotiations

            c)  notice of resubmission of Terms of Reference re Bruce to Milton Transmission Reinforcement

            d)  report of the Highways Committee

            e)  inaugural and December session 2007 minutes

News Release – Durham Furniture initiates restructuring process, consolidated Chesley operation into Durham facility with loss of 150 jobs

Reviewed his report of meetings and events since the last meeting.

Acknowledged the recent deaths of 7 youths and their teacher/driver in the Maritimes due to a motor vehicle accident, our thoughts are with the families and friends of the victims.

REPORTS OF MUNICIPAL OFFICERS – copies of written reports to all

1          A survey would be necessary to transfer the northern section of the Tara rail line.

2          Tower Park water/sanitary sewer extensions and Tower Road servicing analysis – plan on finishing   servicing Northview Cr over two years, dispose of three serviced lots.

3          Analysis of Brook St 8" watermain project completed in-house 2007—delay discussion till Eagleson            present

4          Arran Lake Resort expansion – zoning and County official plan in place for expansion to 300 sites;   have applied for MOE approval of septic waste handling systems, which should protect the lake.

5          Chief Building Official

            a)  complete list of 2007 building permit activity

            b)  notice of his nomination and approval to receive the OPP Commissioner's Commendation for Assist OPP and notice that he has been nominated to receive an award from St. John Ambulance for providing immediate first aid to an officer after she had been seriously bitten by a dog on March 27, 2007.

6          List of contractors who tendered for the construction of the Paisley medical clinic:  Note:  level of GST is irrelevant as the rate effective January 1st would apply and is all rebated.

BY-LAWS

1          Sell Lot 15 Plan 130, Tara, to Edith Ball

2          Review & set 2008 water and sewer rates

CLOSED SESSION

1          Personnel information

            a)  benefits

            b)  wages

            c)  code of ethics

2          Value for surplus lands on Victoria St.

MOTIONS

Moved by: S. Charlton                                                    Seconded by: J. Riley

that accounts payable voucher #1-08  in the amount of $952,956.41 be paid.

                                                                                    Carried

Moved by:  M. Davis                                                       Seconded by: M. Cumming

that we approve the purchase of a 2nd new pump for Chesley's North End Sewage Pumping Station at a cost of $9,795.00 + applicable taxes.                                         Carried

Moved by:  R. Herron                                                      Seconded by: S. Charlton

that, whereas the Municipality acquired lots 11 to 21 and 30 to 31 in Tower Park Subdivision for the purpose of re-selling them when servicing was complete;

and whereas lots 19, 30 and 31 have now been serviced;

therefore, we declare Lots 19, 30 and 31 to be surplus to the needs of the Municipality;

and further, that the said lots be listed with McIntee Real Estate in Chesley at $42,900.

                                                                                    Carried

Moved by: S. Charlton                                                    Seconded by: M. Cumming

that we support the Ontario Medical Association's initiative to ban smoking in cars carrying children.

                                                                                    Carried

Moved by:  S. Charlton                                                   Seconded by: M. Cumming

that we sponsor a silver package of $150.00 for Saugeen Community Business Excellence Awards for 2008.

                                                                                    Carried

Moved by: S. Charlton                                                    Seconded by: M. Davis

that we support the Township of West Lincoln in voicing its concerns to the Ministry of the Environment and the Ontario Ministry of Agriculture, Food & Rural Affairs re proposed changes to the regulatory framework for non-agricultural source materials.                                        Carried

Moved by: S. Charlton                                                    Seconded by: R. Herron

that we grant permission to the Heart & Stroke Foundation of Ontario to canvas door-to-door in Arran-Elderslie in February 2008, being Heart Month.                                  Carried

Moved by: S. Charlton                                                    Seconded by: M. Cumming

that we support the City of Owen Sound undated resolution supporting the One Cent NOW! campaign which is proposed to transfer the equivalent of one cent of the G.S.T. to municipalities across Canada to fund infrastructure                                                                  Carried

Moved by: S. Charlton                                                    Seconded by: M. Davis

that we support the Durham Region December 12, 2007 resolution that the Federal Government revamp the criteria for Employment Insurance to ensure it acts as it was designed to be an insurance program to assist employees during periods of unemployment;

and that current inequities between classes of workers and between provinces be eliminated.

                                                                                    Carried

Moved by:  M. Cumming                                                 Seconded by: M. Davis

that we grant $1,500 to the Saugeen Country Tourism Association to keep the association active.

                                                                                    Carried

Moved by: S. Charlton                                                    Seconded by: M. Davis

that we support the Township of Brock December 17, 2007 resolution expressing its concerns against transferring regulatory control of the application of non-agricultural source material (NASM) to farmland from the Environmental Protection Act to the Nutrient Management Act

                                                                                    Carried

Moved by: R. Herron                                                       Seconded by: J. Riley

that we support the City of Waterloo December 17th resolutions as follows:

a)  requesting the Province of Ontario  to fully exempt all Ontario municipalities from paying P.S.T. provided the savings are used to fund existing infrastructure renewal projects

b)  calling upon the Provincial and Federal government to re-examine how municipalities' infrastructure is funded and work together to provide long-term, sustainable infrastructure funding programs for all municipalities                                                                  Carried

Moved by: M. Cumming                                                  Seconded by: M. Davis

that we do not support the City of Ottawa December 7, 2007 resolution petitioning the Province of Ontario  for the authority to create a hotel room tax to raise revenue to fund increased infrastructure requirements caused by tourism.                                                                 Carried

Moved by: M. Davis                                                        Seconded by: M. Cumming

that, with respect to the request for comments re zoning application Z-24-2007.38 and consent application B-174-207.38, by Greg and Jessica Calhoun, of Elderslie, we have no comment.

                                                                                    Carried

Moved by: J. Riley                                                          Seconded by: M. Cumming

that we accept the tender of Domm Construction Ltd. in the amount of $249,816 plus GST to construct the Paisley medical clinic on the recommendation of the Paisley Medical Clinic Committee.

                                                                                    Carried

Moved by: R. Herron                                                       Seconded by: J. Riley

that  we approve the following transfers to reserves:

a)  any surplus funds from the OPG grant money not spent on recreation capital in 2007 be transferred to the Arran-Elderslie Community Centres reserve;

b)  the unexpended fundraising proceeds for the Paisley medical clinic be transferred to a reserve for the expected  completion of the project in 2008.                    Carried

Moved by: S. Charlton                                                    Seconded by: R. Herron

that a by-law to amend the Municipal Code (Fees & Service Charges—water & sewer) be read a first and second time.                                                                            Carried

Moved by: S. Charlton                                                    Seconded by: M. Cumming

that the by-law to amend the Municipal Code (Fees & Service Charges—water & sewer) be read a third time, finally passed and numbered 1 – 08                                 Carried

Moved by: M. Davis                                                        Seconded by: R. Herron

that a by-law to sell lot 15 plan 130, Tara, to Edith Ball be read a first and second time.

                                                                                    Carried

Moved by: R. Herron                                                       Seconded by: M. Davis

that the by-law to sell lot 15 plan 130, Tara, to Edith Ball be read a third time, finally passed and numbered

2 – 08                                                                           Carried

Moved by: S. Charlton                                                    Seconded by: J. Riley

that we go into closed session with the Treasurer, the Assistant Clerk-treasurer and the Clerk/CAO to discuss identifiable individuals.                                                    Carried

Moved by: S. Charlton                                                    Seconded by: J. Riley

that we return to regular session.                                     Carried

Moved by: R. Herron                                                       Seconded by: S. Charlton

that effective January 1, 2008 Council remuneration shall be as follows:

ANNUAL HONORARIUMS                                                    

Mayor                           $10,506

Deputy Mayor                  $6,304

Councillors                      $5,778

PER DIEMS                                                                        

special meetings              $78.80

daytime meetings           $157.59

evening meetings           $157.59

all day meetings             $157.59

half day meetings             $78.80

EXPENSES                                                                         

mileage (par with County)                     $0.50                            

other expenses to continue as actual per receipts,

which is a 2% increase from 2007.                                 Carried

Moved by: M. Cumming                                                  Seconded by: R. Herron

that we approve the Report to Council dated December 12, 2007 with respect to Management wages and benefits.                                                                        Carried

Moved by: J. Riley                                                          Seconded by: S. Charlton

that we do now adjourn to the call of the Mayor.                Carried

Adjourned at 5:56 pm