MUNICIPALITY OF ARRAN-ELDERSLIE

                    MINUTES MONDAY SEPTEMBER 8, 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

 

PUBLIC:            R. McNall

 

OBSERVERS:   none

 

STAFF:             CHIEF BUILDING OFFICIAL, Craig Johnston

                        TREASURER, Joanne Marklevitz

                        WORKS MANAGER, Vernon Weppler

                        WATER/SEWER FOREMAN, Scott McLeod                   

                        Clerk/CAO, Joan Albright

 

DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF:  Cumming declared an interest re the Sports Bin included in the accounts

 

MINUTES

 

Moved by: P. Eagleson                                                   Seconded by:   Jack Riley

that the minutes of Aug 11, 2008 be adopted as circulated. Carried

                                                                                   

BUSINESS ARISING OUT OF THE MINUTES: 

 

            1          Feedback from Chesley Trailer Park customers – they were not aware of any objection to the 2008 rates, had given proper cheques which were returned to them and they were asked to write new cheques for lesser amounts.

 

The Mayor asked McNall if he had anything further to say.  McNall said they never had any objection to the rates, his objection was about process.  McNall believes there was a contract approved by the Municipal Solicitor.  Davis confirmed that some of the park users had indeed had their cheques returned with instruction to make them out for less than the 2008 approved rate. Charlton reported that he had been called by a park user with that fact.

 

DELEGATIONS

 

Staff reports: copies of written reports to all

 

9:00 AM            CHIEF BUILDING OFFICIAL, Craig Johnston

Reviewed his report with Council:  having a good year, better at this point than last year, better than some of our neighbours; answered questions on work involved in some of the projects

Paisley Hotel:  court date last week to set trial date, preliminary date of January 8, 2009 to assemble witnesses and documents, trial in April or May, Bill Tooke now representing the hotel; stated that if we received adequate drawings work can commence.  Davis commented that the Courts are prolonging an unsafe building condition—what happens if someone is injured—should we be corresponding with the Courts?  Johnston stated that if one brick falls off the building—we can go in and demolish the building.  Johnston recommended withdrawing the offer to waive the building permit fee if plans not in by October 31, 2008.  No one but Maidlow can enter the building until the Ministry of Labour orders have been satisfied so his engineers cannot enter the building.  Cumming noted that people don’t understand it is only the back corner—not the whole building.  Council agreed to set a deadline of October 31st

Paisley medical clinic:  should be finished in about two weeks, Works Manager has done a good job with the site finishing; trees will be planted in clusters on the perimeter.  October 17th grand opening at 3 pm. 

Board of Education:  coming along well, expect to have closed in before snowfall

Plowing match:  has been asked to help with final inspections and in the OBOA booth, twenty-two inspectors will be on site; Other projects were discussed with Council

Annual conference in Kingston Oct 5th to 9th booked

Property standards in Chesley:  complaint about neighbours’ air conditioner noise—it is a typical unit, nothing unusual; drainage complaint related to her property being at the low end of the street; downtown Chesley building façade brick being covered, ensure its done before snowfall

Chief Building Officials have come up with a proposed by-law for fencing around pools and pools in general [circulated copies].  Davis asked about charging fees for perimeter fencing—there is no authority now—should control the type of fences that can be erected

10:05 AM          TREASURER, Joanne Marklevitz

Reviewed the accounts with Council prior to passage:  Davis directed that an invoice be sent for the cost of the watermain break in Tara on August 13 resulting from the method of construction when the main was installed about two years ago

Reviewed the general ledger report:  spreadsheet analysis attached showing items over budget, some offset by under-spent items; lower interest rates will result in less revenue; discussed recent provincial surplus allocation of $435 K, consideration of Tara arena roof replacement, will follow-up on quotes in the works;

Paisley medical clinic:  has paid the third construction progress payment; Cumming reported that fundraising continues

Reviewed her building inspection analysis report: projected deficit for 2008, lots of permits for small jobs—fences, decks, sheds—but they do not generate sufficient revenue to fund the department or new assessment; noted that 2007 would have been in a deficit if the Board of Education and Paisley hotel permits had not been issued.  Eagleson agreed it is time we reviewed how the service is provided

11:05 AM          WORKS MANAGER, Vernon Weppler

Reviewed his report with Council: backhoe tenders opened last week with Chair Davis, reviewed specs; pickup truck tenders, discussed the fleet of trucks respecting winter patrols, recreation and building inspection;

Davis reported that the School Board has fenced the access from Tower Road to Kinghurst PS, will look into the matter further to complaints that children now have to walk around by Centennial St and up the County Road to the school.

Davis noted the proposed changes to the Species at Risk Act, will have serious consequences for rural areas

Davis asked about the two watermain breaks on Yonge St possibly caused by improper connections, as the project coordinator, the County is looking into the problem, the contractor picked up the cost of the first repair, directed Weppler to contact the contractor about the second break

Snow removal contracts to haul and blow snow have expired:  recommendation to split the work between the local contractors in Paisley at a rate we establish and tender for Chesley, agreed by Council

Tara parade:  float is ready for Council, meet at the fire hall on Wednesday at 11:30 am

On behalf of the health clinic committee, Cumming thanked Weppler for the site work, looks really good now

Charlton asked about line markings to separate the walkway from the traffic on the McClure bridge, on the list to be done

Herron suggested that we notify the public of the changes coming to the Species at Risk Act which may prevent or delay work

Eagleson thanked Bob Ball for taking time on his vacation to help with the burial of cremated remains

Discussion of LeQueyer letter – forward to Gamsby & Mannerow for a response

Eagleson advised that October 4th at 11:30 has been set for the dedication of the O.C. Long memorial;

11:50 AM          WATER & SEWER FOREPERSON, Scott McLeod

Reviewed his report with Council: got the revised Permit to Take Water for Tara Well #4; has replaced 5 transducers at $2,500 each, looking into changing the Permit; there were no non-compliance issues for the Tara system, encouraging water meters; August 13th watermain break report;  Ontario Small Waterworks Assistance Program Part 2 [OSWAP-2] now extended to systems serving 1,001 to 5,000 people, look into various operation and maintenance issues to apply for funding [reported later that tower maintenance would not likely be eligible—may be under the Building Canada fund]; not possible to work with one water tower for the Chesley/Paisley systems, look into applying for maintenance on both water towers on this water system; Reeves Construction seems to be doing a good job on the County Road 30 project at the south end of Chesley, Reeves agreed to sign more detours for entrances to south end businesses during construction

Watermain through Beitz’s property [former Chesley PS]:  should formalize easement and there is an opportunity to loop 3rd and 4th Street watermains, Council agreed with looping the watermains, McLeod will discuss with Beitz

Service truck giving problems, looking for direction on repairs—regular maintenance but no major repairs, new pickup has been approved, service trailer working out well

Received the go ahead to repair the Chesley water tower this fall if the contractor can arrange it

Will apply for the drinking water quality plan and the trees south of the Arran-Elderslie water plant under the OSWAP.

ACCOUNTS – were reviewed with Staff prior to passage

 

CORRESPONDENCE – copy to all unless otherwise noted

 

1          REQUIRING ACTION

 

            1.1        Saugeen Shores Chamber of Commerce – 2009 advertising opportunity in the Visitors Guide – if so what size and what design

 

Questioned the significance of a Municipal page when each of the three urban communities has its own page

 

            1.2        Bonnie Leslie (Chesley) – follow-up on 2007 noise complaint

 

There is no doubt the air conditioning unit can be heard but not to the extent it would contravene the noise by-law

 

            1.3        George Loucks, of Loucks & Loucks – questions re 'fence' building permits

 

There was no interest in regulating perimeter urban fencing other than around pools

 

            1.4        Richard Evans – on behalf of Ron Nickason, requesting return of Block/Lot 29 which is no longer needed for a communal well

 

            1.5        C.U.P.E. - requesting support of its day of recognition for child care workers on October 22, 2008

 

            1.6        Jim Karygiannis, MP Scarborough-Agincourt - requesting support of his private member's Bill C-568 to amend the Motor Vehicle Safety Act re speed limiters

 

            1.7        Richard & Kathleen Lequyere – concerns about re-opening the Arran landfill

 

Council directed that the Lequyere’s correspondence be forwarded to the engineers, Gamsby & Mannerow for a response.

 

            1.8        Andrea Horwath, MPP Hamilton Centre – slams McGuinty's municipal failure

 

            1.9        Ministry of Community Safety & Correctional Services – invitation to participate in the Joint Emergency Preparedness Program (JEPP)

 

Forward to Fire Departments

 

            1.10      Town of Halton Hills – requesting support of its August 11, 2008 resolution requesting the Premier and the Attorney General to have the Lieutenant Governor in Council appoint a panel to conduct a provincial public inquiry into the challenges facing municipalities from implementation of provincial growth legislation, such as the Places to Grow Act and the Bill 51 amendments to the Planning Act

 

            1.11      City of Owen Sound - requesting support of its resolution endorsing the Ontario Association of Chiefs of Police resolution 2008-03 resolving that the Government of Ontario provide a full exemption of provincial sales tax on goods and services for Ontario police services similar to the GST exemption

 

            1.12      City of Owen Sound - requesting support of its undated resolution requesting the Government of Ontario to provide a full exemption from provincial sales tax on goods and services to all Ontario municipalities similar to the GST exemption

 

            1.13      Town of Milton - requesting support of its resolution no. 333-08 endorsing the Region of Halton's resolution requesting the Minister of the Environment to consider placing a deposit/return system on aluminum and plastic drink containers

 

            1.14      Town of Innisfil – requesting support of its resolution no. CR-341.08 requesting the Association of Municipalities of Ontario to review the distribution charge required by the Ontario Energy Board

 

2          INFORMATION ONLY

 

            2.1        Bruce County Planning – letters to residents

                        a)  Wolf Tschritter

                        b)  Kevin Daily

                        c)  George Greutzner

 

            2.1.1     Bruce County Planning – proposed formalized partnership arrangement for a Regional Economic Development Partnership between the County of Bruce and County of Grey

 

Oswald reported that Bruce County supported the proposal but small municipalities cannot likely afford to participate.  Eagleson said it may be good, but such arrangements have not worked in the past.  Charlton suggested the costs should be shared on a population basis and not just the same for everyone.

 

            2.1.2     Bruce County Planning – notice of public meeting re Gary MacDonald official plan amendment September 18, 2008

 

Council supported the revised amendment now presented

 

            2.1.3     Bruce County Planning – part 2 of five-year review of County official plan amendment no, 116-08

 

            2.2        Association of Municipalities of Ontario

                        a)  new local land ambulance response time standards to be established

                        b)  Ontario Small Waterworks Assistance Program – Part 2 (has been forwarded to HPA)

 

            2.3        Drinking Water Source Protection – addition to terms of reference

 

            2.4        Ministry of Agriculture, Food & Rural Affairs – Endangered Species Act and municipal drains

 

            2.5        Chesley & District Chamber of Commerce – copy of letter to MPP Bill Murdoch re getting tough on crime

 

            2.6        The Genivar Income Fund – acquisition of Henderson, Paddon & Associates Ltd.

 

            2.7        Fair Funding for Small Communities of Ontario – copy of his email to Premier McGuinty re his Government's voting against MPP John Yakabuski's bill to share provincial gas tax revenues

 

            2.8        Fair Funding for Small Communities of Ontario – thank you to Premier McGuinty for the announcement re the distribution of $1.148 million under the Investing in Ontario Act; reminder of previous email re distributing Ontario's gas tax

 

            2.9        John Yakabuski, MPP Renfrew-Nipissing-Pembroke – copies of his provincial gas tax petition, explanation and news release

 

            2.10      Ducks Unlimited Canada – pilot issue of Natural Heritage Planning News

 

            2.11      Rebecca Raynsford – thank you for Tara day camp and Tara pool programs this year

 

3          EVENTS

 

REPORTS OF MEMBERS – copies of any written reports to all

 

CHARLTON

 

Readiness for IPM:  appointing volunteers to work our tent to ensure insurance coverage; transporting volunteers and displays to the site; finalizing booth contents;

 

HERRON

            a)         draft motion to fund benefit for Larry Galbraith

 

Oswald asked Herron for an update on the Hiring Committee’s progress:  met with recruiter, Nancy Gray-Starkebaum, to conduct a search to replace the Clerk/CAO

 

RILEY

 

IPM update:  update on programs and special events

 

EAGLESON

 

Will finalize OC Long memorial dedication ceremony, arranging luncheon, and convocation

There was a fire on the holiday Monday responded to by the Tara Department, good response

Silver Star:  still waiting on test results

Ensure Bob Ball is compensated for his time during his vacation to help at the cemetery

 

DAVIS

 

His issues have already been discussed

 

CUMMING

            a)         Bruce, Grey & Huron Disability – minutes May 22, 2008-09-03      

            b)         Paisley Health Clinic Committee – minutes July 29, 2008-09-03    

            c)         Physician Recruitment & Retention Committee – minutes August 13, 2008

 

Met with Arran-Elderslie Minor Hockey, Triple A was unable to attend, will arrange another meeting re scheduling; has met to get the Health Unit’s Play Program running; Paisley needs a floor scrubber, costly to repair existing unit, will have McAllister get quotes including one from Barclay's; cell phones for Paisley and Tara would be adequate for communications, Treasurer to arrange; Paisley hall parquet floor should be replaced, get quotes; medical clinic coming along really good; Paisley Brick & Tile has more matching brick for pillars for sign; Tara day camp went really well; got a call to go to the Paisley library, received a long list of repairs needed—refer list to local handyman; Clerk inspecting libraries following complaint; complaint about horse manure behind Paisley main street business, had the Works Department clean it up

 

OSWALD

            a)         Bill Murdoch, MPP – requesting facility bookings for 2009 calendar – agreed to dates

            b)         Canadian Environmental Assessment Agency – news release re Bruce Power new nuclear power plant project final environmental impact statement guidelines and joint review panel agreement issued

            c)         County ATP Committee – forestry update

            d)         Ron Hackett, FFSCO – copy of thank you for grants

 

Made his report of meetings and events attended; Jacob Schuknecht from Chesley has won two gold and one silver medals in lawn bowling, will present certificate; reported appointment of Chesley family health team committee members

 

REPORTS OF MUNICIPAL OFFICERS – copies of written reports to all

 

1          Rakesh Sharma, Genivar-Henderson, Paddon & Associates Ltd – investigation of adequacy of gravity trunk watermain to supply fire flows to Paisley

 

2          Findings re Loucks & Loucks inquiry about building permits for fences

 

3          Old Chesley library real estate listing has expired – do you wish to re-list? Yes, Council would.

 

4          Outstanding Pepsi scoreboard agreement

 

CLOSED SESSION

 

            1          Preliminary property development proposal

            2          Insurance claim

 

MOTIONS

 

Moved by: R. Herron                                                       Seconded by:   P. Eagleson

that accounts payable voucher #15-08  in the amount of $1,404,360.32 be paid.

                                                                                    Carried

 

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

that, with respect to backhoe tenders, we accept the tender from Caterpillar for the 420E 2008 model in the net amount of $82,512 after trade-in, including PST, excluding GST

                                                                                    Carried

 

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

that, with respect to pickup truck tenders received, we accept the tender from Morrow's in the amount of $29,963.52, including PST, excluding GST                                        Carried

 

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

that we will advertise in the 2009 Saugeen shores Visitor Guide with a full page ad the same as 2008.

                                                                                    Carried

 

Moved by:  R. Herron                                                      Seconded by: P. Eagleson

that we release Block 29 in the Ron Nickason Plumbing & Heating Ltd. Subdivision (Merchmor) which is no longer required for a communal well;

and that Richard Evans, acting on Nickason's behalf, can proceed to prepare the title transfer at Nickason's cost.                                                                              Carried

 

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

that we do support C.U.P.E.'s request to support of its day of recognition for child care workers on October 22, 2008                                                                             Carried

 

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

that we do support Jim Karygiannis', MP Scarborough-Agincourt private member's Bill C-568 to amend the Motor Vehicle Safety Act re speed limiters.                                           Carried

 

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

that we do support the Town of Halton Hills August 11, 2008 resolution requesting the Premier and the Attorney General to have the Lieutenant Governor in Council appoint a panel to conduct a provincial public inquiry into the challenges facing municipalities from implementation of provincial growth legislation, such as the Places to Grow Act and the Bill 51 amendments to the Planning Act

                                                                                    Carried

 

Moved by: J. Riley                                                          Seconded by: P. Eagleson

that we do support the City of Owen Sound's request for support of its resolution endorsing the Ontario Association of Chiefs of Police resolution 2008-03 resolving that the Government of Ontario provide a full exemption of provincial sales tax

on goods and services for Ontario police services similar to the GST exemption

                                                                                    Carried

 

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

that we do support the City of Owen Sound - requesting support of its undated resolution requesting the Government of Ontario to provide a full exemption from provincial sales tax on goods and services to all Ontario municipalities similar to the GST exemption                                                        Carried

 

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

that we do support the Town of Milton requesting support of its resolution no. 333-08 endorsing the Region of Halton's resolution requesting the Minister of the Environment to consider placing a deposit/return system on aluminum and plastic drink containers                                                             Carried

 

Moved by:  R. Herron                                                      Seconded by: P. Eagleson

that, with respect to BCOPA#113-2008.49, by Gary MacDonald c/o Cuesta Planning, we support the amendment as proposed.                                                                      Carried

 

Moved by:  R. Herron                                                      Seconded by: P. Eagleson

that Nancy Gray-Starkebaum be contracted to conduct a search for a Clerk/CAO replacement on the conditions contained in her September 7, 2008 confidential contract;

and that the Mayor and Clerk are hereby authorized to sign the said contract.

                                                                                    Carried

 

Moved by: J. Riley                                                          Seconded by: P. Eagleson

that we confirm the appointment of the following volunteers to help at the Municipality's IPM booth:

Judy MacKinnon, Andrew Loucks, Don & Beth Slumskie, Ron & Gwen Clarke, Bill & Betty Lennips, Josie Hendricks, Liz Adams, Stacy & Becky Charlton, Roger Thorne, Gary & Cathy Lund, Mary Cumming, Doug & Audrey Walsh, Clarke Birchard                                                                        Carried

 

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

that we agree to rent the Tara community centre, at the Municipality's cost, for a benefit event in early October, for Larry Galbraith, who remains paralysed from a farm accident.

                                                                                    Carried

 

Moved by:  M. Cumming                                                 Seconded by: P. Eagleson

that the Clerk/CAO is hereby delegated to complete the purchase or leasing of Pepsi scoreboards for Tara and Chesley arenas.                                                                         Carried

 

Moved by: M. Davis                                                        Seconded by: P. Eagleson

that a by-law to amend the Municipal Code (personal use of vehicles) be read a first and second time.

                                                                                    Carried

 

Moved by: M. Cumming                                                  Seconded by: P. Eagleson

that the by-law to amend the Municipal Code (personal use of vehicles) be read a third time, finally passed and numbered 24 – 08                                                                         Carried

 

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

that, with respect to Part Lot 30 Concession 4, Knapp Contractor Yard, we approve his request to create a 40 m x 33 m fenced, outdoor rental storage compound for boats, recreation vehicles and the like, provided there is no outdoor storage of goods and/or materials as provided in By-law No. 3-07.

                                                                                    Carried

 

Moved by: M. Davis                                                        Seconded by: P. Eagleson

that we go into closed session with the Clerk/CAO to discuss identifiable individuals.

                                                                                    Carried

 

Moved by: M. Davis                                                        Seconded by: P. Eagleson

that we return to regular session.                                     Carried

 

Moved by: J. Riley                                                          Seconded by: P. Eagleson

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

 

Adjourned at 4:25 pm