MUNICIPALITY OF ARRAN-ELDERSLIE
MINUTES MONDAY APRIL 14, 2008 AT 9:00 A.M. COUNCIL CHAMBERS
______________________________________________________________________________________
PRESENT: Mayor Ron Oswald, Deputy Mayor Mary Cumming
Councillors Stacy Charlton, Mark Davis, Paul Eagleson, Ross Herron, Jack Riley
PRESS: Mary Golem, Sun Times; Ken Hashizume, Bayshore Broadcasting
PUBLIC: Mike Salisbury, re natural burial cemetery with Mike Driscoll, Ken Coe (property owner)
Planner Sabine Hammell
Judy MacKinnon, Marguerite Caldwell, Marg Jones, Treasure Chest Museum budget
OBSERVERS: Jim Hood, Toby Soper, Brad Hatten
STAFF: RECREATION & FACILITIES DIRECTOR, Dan Woods
CHIEF BUILDING OFFICIAL, Craig Johnston
WORKS MANAGER, Vernon Weppler
WATER/SEWER FOREMAN, Scott McLeod
TREASURER, Joanne Marklevitz
DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF: Cumming declared an interest in the accounts as her business, the Sports Bin, is included
MINUTES
Moved by: S. Charlton Seconded by: M. Davis
that the minutes of March 25, 2008 be adopted as circulated.
Carried
BUSINESS ARISING OUT OF THE MINUTES: none
DELEGATIONS
Staff reports: copies of written reports to all
9:00 AM RECREATION & FACILITIES DIRECTOR, Dan Woods
Reviewed his report with Council: has ordered the sound system upgrade in Chesley community centre; front entrance dormer estimate high, project on hold; is having a demonstration phone system installed in Chesley for Council's inspection; has applied for a Hydro One grant for Paisley arena hydro upgrade project; Works Department has started work at the Tara library to correct water problems; attended the Tara Girl Guides and Kinghurst Public School to hand out emergency preparedness planning information; attached correspondence regarding Arran-Elderslie Minor Hockey Assoc. booth issues; discussed life guard rates, will survey other pools for rates and how they are compensated for levels of certification;
Davis complimented the Chesley Staff for its assistance with Agri-Fair last week.
Cumming reported that there is a need for permanent water and sewer facilities at the Ross Street park, would like the Works Department to cost the connections; Minor Sports would consider covering the cost of permanent washroom facilities.
Riley asked how the ball program is coming: Woods outlined programs in Paisley and Tara.
9:30 AM CHIEF BUILDING OFFICIAL, Craig Johnston
Reviewed his building statistics with Council: 24 permits so far this year; discussed individual permits issued; waiting on OMAFRA approvals for 4 barns; school board building foundations done, water installed, weather has slowed schedule; Bank of Montreal in Tara will be doing a major renovation; received his national certification; has also received two other certificates for courses he has taken.
Paisley Hotel: owner was to have updated plans etc. by March 31st, actually submitted the same plans as previously, has had Maillon Marshall, structural engineer with Henderson, Paddon & Associates Ltd., review the plans, has forwarded Marshall’s report to the Municipal Solicitor; the Ministry of Labour’s concerns have not been satisfied yet; the owner is the only person permitted by the Ministry of Labour to be on site—no one else; it will be up to the court to decide the matter. Riley asked if the street could be cleaned up—Johnston said he would not allow it because of the risk of collapse.
Paisley medical clinic plans have been assumed by Henderson, Paddon & Associates Ltd.; Johnston is prevented by the Building Code from issuing a permit contrary to zoning, Council can order him to issue the permit. Herron questioned what Council had been advised in the past that it could not order the CBO to issue a permit. Eagleson said there has been so much controversy over the Paisley medical clinic that we have to go this route now. A zoning change for the site is in progress.
10:00 AM MIKE SALISBURY, presentation on natural burial site (bringing copies)
Circulated copies of his presentation to Council; while no formal application will be presented to Council before the necessary planning applications have been processed, Salisbury outlined his plans for Council's information: needs an official plan change and zoning change; outlined natural decomposition of human remains which uses the funeral as a conservation measure; the site, once complete, will look like a woodlot; talked about the history of the natural burial movement in the United Kingdom and the United States; this would be the first one in Canada and would be for-profit; site selection is more stringent than a normal cemetery; has contacted the local medical officer of health, the local conservation authority, and planning department; hazard areas on the site being analysed; the report outlined the site’s key characteristics that make it ideal for consideration; land is currently zoned agriculture but less than 50% is suitable for farming; expect 50 to 200 interments per year, no significant impact on traffic; noted the significant media interest is an opportunity for a positive impact on the local community of the Village of Paisley.
Oswald asked the owner, Coe, how long he has owned the property—since 1992.
Riley asked who would own the cemetery—privately owned by the members of the cooperative
Eagleson congratulated Salisbury on this endeavour but Council is unable to comment as it will be hearing the zoning by-law application. If all agencies have no objections, how does he intend to store unembalmed bodies until spring, noted Salisbury did test holes in November when it is unlikely to encounter water—suggested they should do again in the spring and have the health unit re-inspect. There is nothing being offered here that the Municipality cannot do in its own cemeteries. Confirmed that Planner Hammell has not received an application yet so could not say if the whole property would be re-zoned. Salsibury said for licensing they will be using a phased approach. Has been elusive so far on costing—Arran-Elderslie burials are not costly—who are they competing with: Salisbury said there could be savings from peripheral expenses (coffins, vaults, etc); cost is not the primary driving issue for natural burials, could be the price of a small car.
Davis agreed that more questions would be answered during the application process; asked the size of plot—5 metres by 5 metres to permit the planting and success of a tree; could not say how many plots until the conservation authority confirms how much area is available; the cemetery will be managed—not manicured; asked about noxious weeds—will be managed. Salisbury has discussed having a conservation easement to ensure it remains a natural burial site. Davis would like soil samples as well.
"Frequently asked questions" re burial depth was not answered—will determine burial depth based on site information, too deep results in less ‘fertilizer’ available to trees.
Riley asked about abandonment: trust fund must set up for that purpose.
Eagleson asked Hammell to outline the process: need to apply for an official plan amendment to the County first followed shortly by the zoning application to the Municipality. Both circulated to ensure comments are available to the County hearing
Oswald opened to public—no questions.
Salisbury summed up that he would like to hear any questions Members of Council may have or receive from their constituents.
11:05 AM WORKS MANAGER, Vernon Weppler
Reviewed his report with Council: quotes for work and equipment; Chesley landfill annual report conclusions and recommendations; Paisley severance; plans to sandblast and repaint equipment;
Looking for direction on the part of the rail line north of Tara; disposing of the land will not interfere with the snowmobile or walking rail trail; Council agreed to survey the rail line between the north Tara boundary and the north side of Part Lot 32 Concession 9, Arran.
12:00 NOON WATER & SEWER FOREPERSON, Scott McLeod
Reviewed his report with Council: consider planting trees on land south of Arran-Elderslie water plant with 50% funding through source water protection; he supports a meeting in Tara to address lawn pesticides in vicinity of municipal wells; has copies of the 2007 annual wastewater reports available; a lot of training planned for April; flushing mains to start this month; would like to hire a student for the summer—Council agreed; tower well 4 in Tara permit to take water has been applied for, design to be finished after soil testing followed by tendering by Henderson, Paddon & Associates Ltd.; OSTAR water projects are now complete, finishing up some scada issues; engineer recommends higher budget for repainting water towers, Council decided to tender separately for inside and outside work; circulated copies of the Ministry of Environment’s actions required following its inspection of the Paisley sewage plant; one George St. lift station is out of service for repairs;
Reported by-passes from the Chesley and Tara sewage systems following heavy rainfall, directed to notify the engineers who can report to the Province—such by-passes were the focus of all COMRIF and MIII applications which were unsuccessful.
Davis outlined the decisions required for the new water main and connections south of Chesley on Bruce Road 30. Council agreed on a 50/50 cost sharing with the number of existing and possible lots to share equally in the residents' portion of the project.
1:30 PM TREASURER, Joanne Marklevitz
Reviewed the accounts with Council. Council will look into our staff clearing snow at the Tara arena next year rather than a private individual.
The Allenford property has now vested with the Municipality, Treasurer to contact the tenant to determine her plans.
2:00 PM JUDY MACKINNON, Marguerite Caldwell, marg jones, Treasure Chest Museum
MacKinnon read her report to Council which reviewed their 2007 activities, thanked recreation staff for their assistance, propose open from May 24th weekend to Thanksgiving weekend on weekends, with July and August being open 7 days per week, outlined a staffing schedule, wish list: upgrade computer and printer, digital camera to document the collection, shelving, carpet cleaned, picnic tables for the summer, repaint outdoor signs, storage containers for off-site displays. Looking for funding for children’s programs and an operating grant (need letter of intent).
Thanked Council for the opportunity to talk with Council.
Council agreed with the proposals and thanked the women for all they do for the museum.
ACCOUNTS – were reviewed with Staff prior to passage
CORRESPONDENCE – copy to all unless otherwise noted
1 REQUIRING ACTION
1.1 City of Port Colborne - requesting support of its March 25, 2008 resolution asking AMO to petition the Province of Ontario for funding for municipalities to comply with O. Reg. 429/07 which establishes accessibility standards for every public sector organization
1.2 Bruce County Planning
a) notice of request for comments re Donald & Mary Jackson consent and minor variance applications [minor variance applications are heard by Council]
Eagleson confirmed the minor variance application hearing notice will be circulated and that on the current schedule the incorrect part is shown as severed.
b) copy of Planner's letters to Bev Popp; Donald & Mary Jackson; D. Huson; Jodi Burton-Scheifly;
c) request for comments on Bevin & Elizabeth Gregg consent applications
d) outline of points to improve planning services to Arran-Elderslie
1.3 Ministry of Transportation – 2008 municipal road and bridge infrastructure investment $786,235 for Arran-Elderslie
1.4 City of Ottawa - requesting support of its March 26/27, 2008 resolution requesting the Province of Ontario to pay a proportional share of MPAC costs related to education property taxes
1.5 Old Order Mennonite Community in Arran-Elderslie – requesting approval of the Municipality for a private family cemetery in accordance with the Cemeteries Act; attachments: tile drainage re-routed, rules and regulations, plot layout, site layout.
It was noted that this proposed cemetery is not in competition with the Municipally-operated cemeteries.
INFORMATION ONLY
2.1 Grey-Bruce AAA Highlanders – thank you cards to Doug and Roger and Staff for helping make 2007-2008 another successful season for their Association
2.2 Ministry of Finance – 2008 release of the Ontario Municipal Partnership Fund
2.3 Minister Responsible for Seniors – accepting nominations for 2008 Senior of the Year Award
2.4 Association of Municipalities of Ontario
a) seeking municipal members for climate change task force
b) budget provides additional $1 billion for municipal infrastructure
c) waste electronic and electrical equipment [WEEE] program plan
d) municipal infrastructure funding – Building Canada Fund – request endorsement
2.5 Ontario Good Roads Association
a) McGuinty Government announces $1 billion in infrastructure spending
2.6 Town of Hanover – update of funding allocated to the Bruce Grey Huron Disability Transportation Corporation
2.7 Statement delivered in the Ontario Legislature by NDP Municipal Affairs Critic, Hamilton Centre MPP Andrea Horwath, on the state of municipal finances and why Ontario municipalities need a provincial commitment of stable, sustainable, annual funding with respect to downloaded costs they continue to absorb.
2.8 Ministry of Finance – introduced Bill 35, the proposed Investing in Ontario Act, 2008, to share provincial surpluses exceeding $800 million.
2.9 Minister of Natural Resources - launch new flood information website
2.10 Infrastructure Ontario – notice that Arran-Elderslie's MIII application was not selected
2.11 Ministry of Transportation – inspection of municipal infrastructure within MTO rights of way.
3 EVENTS
3.1 55th annual OSUM conference and trade show
REPORTS OF MEMBERS – copies of any written reports to all
CHARLTON
a) County showcase maps for IPM
Charlton reviewed the proposals prepared by the County for its part of the IPM site and the layout for the activities tent; will have to strike a committee soon;
HERRON
We met with Members of South Bruce Peninsula Council to discuss boundary matters in Allenford, will wait for the local group to come forward with a plan, Arran-Elderslie will work on the ball park project, SBP will look after what is to be done on its side.
RILEY
Meeting with SBP went well
Thanked Charlton for involvement with IPM and the Planning Department
Thanked Council for its support of IPM, hockey match went well, good fun for the volunteers
Not hearing too many complaints from Paisley, roads firming up well
EAGLESON
Also attended the meeting with SBP, discussion included BASWRA recycling not picking up new commodities as it was set up to collect curbside blue box with sorting at the curb, being told there is no market for products other municipalities are recycling; would we want BASWRA to conduct a study on other products; has more and more people asking about recycling drinking boxes; manager is unwilling to meet with local councils to discuss products collected; referred to a Shoreline Beacon article on the shortcomings of the program; most of the membership is satisfied with the program.
Have road tour next week, would like to start on road work soon after
DAVIS
a) Chesley Fire minutes of February 21, 2008
b) Discussion of amendments to smoke alarm program, false alarm fees and regular fee for fire calls, directed Clerk to prepare a false alarm fee by-law [$500 each for three or more false alarms in a calendar year]
Meeting next week with residents south of Chesley next Monday evening.
CUMMING
Had a Recreation Staff meeting
Reported on fund raising event for Paisley medical clinic, would like Council to cover half the community centre rental fees, thanked organizers and participants for their contributions, reported other upcoming fund raisers including a golf tournament, continue to work hard at raising funds for the clinic.
OSWALD
a) Walkerton Clean Water Centre's new building
b) County Reports - home ownership & new measures to tackle poverty, build opportunity
c) Bruce Power update
d) County reports received April 4th
Reported on his list of meetings and events attended.
REPORTS OF MUNICIPAL OFFICERS – copies of written reports to all
1 Report of livestock valuer – re Ziggler coyote kill of charolais heifer $600
HEALTH & SAFETY
1 Minutes of December 12, 2007 and February 27, 2008
BY-LAWS
1 Paisley missing sewage rate line from by-law and pool late registrations and cancellation policies
CLOSED SESSION
1 Memorandum of settlement for ratification
2 Analysis of CBO/PSO costs
MOTIONS
Moved by: M. Cumming Seconded by: J. Riley
that the Council of the Municipality of Arran-Elderslie instructs the CBO to issue a building permit for the construction of the Paisley medical centre at the corner of Victoria and Balaklava street in Paisley.
Carried
Moved by: S. Charlton Seconded by: M. Davis
that the following Works Department tenders be accepted:
1. Michelin Grader tires
Quote for 4 grader tires - McArthur Tire $1,857.00 ea.
2. 2002 Chev pickup
Estimates to repair and paint the bottom half of the above truck
Tara Motors $1,684.95 taxes included
3. Windows and doors in Elderslie shop
R.M. Knapp $3,375.75 taxes extra
4. Sign quotes
Owl-Lite $2112.47 plus taxes Carried
Moved by: S. Charlton Seconded by: J. Riley
that the following Works Department quote be accepted:
Quote for new plow truck
2009 Sterling $174,608.00 plus PST. = $188,576.64 (GST. Exempt)
Carried
Moved by: M. Davis Seconded by: J. Riley
that we accept the following road maintenance tenders and/or quotes:
1. Supply and Apply Crushed Gravel(35,000 tonne)
Joe Kerr $ 5.99 per tonne plus taxes
2. Supply and Apply Liquid Calcium Chloride
Cliff Holland $259.00 /tonne plus taxes
Pollard Highway Products $267.50 /tonne plus taxes
3. Single Surface Treatment
Binder Aggregate
MSO $ 0.86 litre $ 21.00 / tonne plus taxes
4. Hot Mix Pavement
HL3 Asphalt HL2 Asphalt
Sutherland Construction $ 62.90 $ 68.70 plus taxes
Carried
Moved by: P. Eagleson Seconded by: J. Riley
that we have that portion of the former CN Rail Line from the north boundary of Tara to the north boundary of Part Lot 32 Concession 9 (roll no. 490-3-215) surveyed. Carried
Moved by: P. Eagleson Seconded by: R. Herron
that, with respect to the development of Tara well #4, we agree to instruct Henderson, Paddon & Associates Ltd. to tender the project following soil testing and final design work.
Carried
Moved by: R. Herron Seconded by: S. Charlton
that accounts payable voucher #7-08 in the amount of $443,838.07 be paid.
Carried
Moved by: J. Riley Seconded by: M. Davis
that, with respect to the 2008 Municipal Road and Bridge Infrastructure Investment allocation of $786,235 for Arran-Elderslie, by the Ministry of Transportation, we confirm the following:
1. that the $786,235 will be used for municipal road and bridge capital investment needs;
2. and that a final summary report detailing expenditures, use of provincial funding, and outcomes achieved shall be submitted to the Ministry and the Ministry may request an independent audit of the project(s);
3. and that any funds intended for the project(s) that are not used in accordance with rehabilitation of municipal road and bridge capital investment needs or the terms outlined above, will be returned to the Ministry;
4. and that the Mayor and Clerk are hereby authorized to sign and return the Ministry letter dated March 31, 2008 to initiate payment processing. Carried
Moved by: R. Herron Seconded by: S. Charlton
that we do support the City of Port Colborne March 25, 2008 resolution asking AMO to petition the Province of Ontario for funding for municipalities to comply with O. Reg. 429/07 which establishes accessibility standards for every public sector organization. Carried
Moved by: J. Riley Seconded by: M. Cumming
that, with respect to consent applications B-20-2008.41 and B-21-2008-41 by Bevin & Elizabeth Gregg to sever Lot 6 w/s of Duke St. Paisley into three parcels, we have no comment.
Carried
Moved by: P. Eagleson Seconded by: M. Cumming
That Council acknowledges that the Bruce County Planning and Economic Development Department (the Department) has endorsed the following measures to improve the delivery of planning services to the Municipality,
and that Council agrees with and supports these measures as a means of improving planning services.
1. Applications
a. The Department will continue to receive, and administer the processing of applications under the Planning Act on behalf of the Municipality.
b. The Department will provide an analysis and recommendation on each application, in writing, and will attend public meetings and other meetings as required to discuss and explain our conclusions and recommendations to Municipal staff, Municipal Council and the public.
c. The Department will not release or reveal its recommendations until the Municipality has received the Department’s report.
d. On applications under County jurisdiction (consents, subdivisions, County Official Plan Amendments), the Department will consult with the Municipality. As required by the County’s delegation bylaw 34321, if the Department’s recommendation is refusal, or if the Municipality and the Department are not in agreement with the recommendation, the matter will be referred to the County’s Agriculture, Tourism and Planning Committee for action.
2. Public Inquiries and Information
a. The Department will have planning staff hold regular office hours in the Municipal office on a schedule agreeable to the Department and the Municipality. The Municipality will provide a location for the planner to work, with access to a telephone, computer connection, and suitable for meetings with the public, staff, councilors, or others wishing to consult.
b. The Department will continue to prepare written responses to inquiries. All responses will be copied to the Municipality.
c. The Department and the Municipality will mutually define a format for responses to inquiries.
3. Dispute Resolution
a. Staff of the Department and the Municipality will respect each other’s responsibilities and skills, and commit to consulting each other on a regular informal basis on planning and related matters.
b. If there is a concern on the part of the Municipality or the Department, it should be drawn to the attention of the other party as soon as possible. If the planner for the Municipality does not satisfactorily address this concern, it should be drawn to the attention of the Director or Deputy Director. If the concern is still not resolved, the Department and/or Municipal staff shall prepare a written report addressing the concern, and present such report to Council.
4. General
a. The role of the Department is to provide the best planning opinions and services it can to the Municipality, in a manner in keeping with the Ontario Professional Planners Institute Code of Practice.
b. The best way to avoid conflict and problems is to maintain open lines of communication at all times.
Carried
Moved by: S. Charlton Seconded by: M. Davis
that we do support the City of Ottawa March 26/27, 2008 resolution requesting the Province of Ontario to pay a proportional share of MPAC costs related to education property taxes.
Carried
Moved by: M. Cumming Seconded by: M. Davis
that, in accordance with the Cemeteries Act, we approve the proposal by the Old Order Mennonite Community in Arran-Elderslie, to establish a .4-acre private cemetery on part of Lot 16, Concession 5, Elderslie, in accordance with the rules, regulations and layout plans provided;
and that the Clerk advertise notice of this decision in the Hanover Post for a 15-day comment period.
Carried
Moved by: P. Eagleson Seconded by:
that we support the following resolution passed by the Association of Municipalities of Ontario Board on March 28, 2008:
"Whereas the Federal Government announced its intention to negotiate the Building Canada Framework Agreement with the Government of Ontario;
And whereas the Building Canada Framework Agreement has funding components for municipalities of all sizes with $3.1 billion earmarked for Ontario's municipal government;
And whereas the Federal Government has signed six (6) of 13 framework agreements with Canada's other provincial and territorial governments;
And whereas Canada and Ontario have been holding discussions on the Building Canada Framework Agreement since late last year;
Therefore, be it resolved that, the Governments of Canada and Ontario make a commitment to renewed, dedicated negotiations that will see a Building Canada Framework Agreement signed expeditiously so that Ontario's municipal governments can benefit from additional investment opportunities that a collaborative Canada-Ontario contribution agreement can bring to their significant infrastructure needs."
Carried
Moved by: J. Riley Seconded by: M. Cumming
that we accept the report of the livestock valuer with respect to a claim for $600 for Ken Ziggler re coyote damage. Carried
Moved by: J. Riley Seconded by: M. Cumming
that a by-law to amend the Municipal Code (Paisley sewer rates, pool late registration and cancellation policies) be read a first and second time. Carried
Moved by: M. Cumming Seconded by: J. Riley
that the by-law to amend the Municipal Code (Paisley sewer rates, pool late registration and cancellation policies) be read a third time, finally passed and numbered 12 - 08.
Carried
Moved by: M. Davis Seconded by: P. Eagleson
that we go into closed session with the Clerk/CAO to discuss identifiable individuals, including personnel.
Carried
Moved by: M. Davis Seconded by: M. Cumming
that we return to regular session. Carried
Moved by: P. Eagleson Seconded by: R. Herron
that we ratify the Memorandum of Settlement dated April 2, 2008;
and that the Mayor and Clerk are hereby authorized to sign the April 1, 2008 to March 31, 2011 Collective Agreement with C.U.P.E. Carried
Moved by: J. Riley Seconded by: M. Cumming
that we do now adjourn to the call of the Mayor. Carried
Adjourned at 5:10 pm