MUNICIPALITY OF ARRAN-ELDERSLIE

                     MINUTES MONDAY OCTOBER 27, 2008 AT 9:00 A.M. COUNCIL CHAMBERS

______________________________________________________________________________________

PRESENT:        Deputy Mayor Mary Cumming

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

REGRETS:        Mayor Ron Oswald

PRESS:            none

PUBLIC:            Clarke Birchard

                        Sabine Robart, Bruce County Planner

                        Roy Trelford

                        Bill Hollo, Bruce County Deputy Director of Planning

OBSERVERS:   none

STAFF:             TREASURER, Joanne Marklevitz

                        WORKS MANAGER, Vernon Weppler

                        WATER/SEWER FOREMAN, Scott McLeod

                        CHIEF BUILDING OFFICIAL, Craig Johnston

                        Clerk/CAO, Joan Albright

DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF:  Eagleson declared an interest in closed session item #2 and left the room during the closed session discussion

Cumming congratulated Charlton on being the recipient of the Charlie Kelly award this year.

MINUTES

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

that the minutes of Oct 14, 2008 be adopted as circulated. Carried

BUSINESS ARISING OUT OF THE MINUTES:   none

DELEGATIONS

9:00 AM            CLARKE BIRCHARD, announcement re family health team

Birchard circulated copies of his announcement that the Chesley & Area medical clinic group has been approved by the Province to be included in the Brockton & Area Family Health Team.  Are putting together a fundraising committee for both clinic expansion and recruitment; no goal established yet.       

Cumming is very happy to welcome Durham and Chesley into the Brockton & Area Family Health Team, increases the numbers of services that can be provided.

9:15 AM            TREASURER, Joanne Marklevitz, review accounts

Reviewed the accounts prior to passage by Council

9:30 AM            SABINE ROBART, Bruce County Planner, public meetings re:

Cumming congratulated Robart on her recent marriage

9:30 AM CALHOUN ZONING AMENDMENT APPLICATION

No member of the public attended with respect to this application; Robart reviewed the following report with Council:

Application: Zoning By-law Amendment

File No.: Z-58-2008.38

REASONS FOR AND NATURE OF THE APPLICATION:

The Municipality of Arran Elderslie has received an application from the Greg and Jessica Colhoun to amend the Township of Elderslie Zoning By-law 7-84.

The zoning amendment is to remove the zoning provisions that were implemented through amendment Z-24-2007.38. The amendment proposed to facilitate the severance of a surplus farm dwelling and rezoned the severed parcel to restrict the number of livestock units and the retained parcel to prohibit any future residential dwelling on the property. The applicant no longer wants to sever the parcel and requests that the restrictions be removed.

The zoning amendment is proposing to rezone the property from A1-jj General Agriculture Special, A1-kk General Agriculture Special and & EH Environmental Hazard to A1 General Agriculture and & EH Environmental Hazard.

SUMMARY OF APPLICATION: The subject property is described as 164 Brant-Elderslie, Concession 1 Lot 12 (Elderslie) Municipality of Arran Elderslie. Section 34 of the Planning Act addresses Land Use Controls and Related Administration and gives the authority to pass Zoning By-laws and Amendments to the Council of the local Municipality. The following recommendation is made:

PRELIMINARY RECOMMENDATION:

Subject to review of objections and submissions arising from the public hearing the following recommendation is made:

THAT the Planning Committee receive Z-58-2008.38 regarding an application for the property described as 164 Brant-Elderslie, Concession 1 Lot 12 (Elderslie) Municipality of Arran Elderslie and;

THAT the Planning Committee forward a recommendation of APPROVAL to theMunicipality of Arran Elderslie Council re-zoning from A1-jj General AgricultureSpecial, A1-kk General Agriculture Special and & EH Environmental Hazard to A1General Agriculture and & EH Environmental Hazard.

I. CONTEXT

The subject property is located on the Elderslie Brant townline just west of Vesta.

The parcel currently contains a detached dwelling, barn and accessory buildings. Vesta Creek flows in a westerly direction through the northern portion of the retained lands.

A copy of the applicant’s site plan is in Appendix ‘A’.

’

II. PROPERTY INFO SUMMARY

Eagleson asked if anyone had any questions or comments—there were none.

9:45 AM  TRELFORD ZONING AMENDMENT APPLICATION

Applicant, Roy Trelford, attended the meeting; Robart reviewed the next application with Council:

Application: Zoning By-law Amendment

File No.: Z-80-2008.49

REASONS FOR AND NATURE OF THE APPLICATION:

The Municipality of Arran Elderslie has received an application from the Roy and Mary Trelford to amend the Township of Arran Zoning By-law 94-06.

The zoning amendment is to facilitate the severance of a surplus farm dwelling. The proposed zoning amendment will rezone:

• The severed parcel to restrict the number of livestock units and,

• Recognize a reduced minimum rear yard setback from 10 m (33 ft) to 3 m (10 ft)

• The retained parcel to prohibit any future residential dwelling on the property.

SUMMARY OF APPLICATION: The subject property is described as 2 Sideroad 5 South Arran, Con 1 Lt 6 (Arran), Municipality of Arran Elderslie. Section 34 of the Planning Act addresses Land Use Controls and Related Administration and gives the authority to pass Zoning By-laws and Amendments to the Council of the local Municipality. The following recommendation is made:

PRELIMINARY RECOMMENDATION:

Subject to review of objections and submissions arising from the public hearing the following recommendation is made:

THAT the Planning Committee receive Z-80-2008.38 regarding an application for the property described as 2 Sideroad 5 South Arran, Con 1 Lt 6 (Arran), Municipality of Arran Elderslie and;

THAT the Planning Committee forward a recommendation of APPROVAL to the Municipality of Arran Elderslie Council re-zoning from A1 General Agriculture to A1-AF General Agriculture Special and A1 General Agriculture to A1-AG General Agriculture Special

I. CONTEXT

The subject property is located on Sideroad 5 South Arran one concession north of Bruce County Rd 40 at the intersection of the Elderslie-Arran townline.

The parcel currently contains a detached dwelling, barn and two sheds. V

A copy of the applicant’s site plan is in Appendix ‘A’ and an air photo is included in Appendix ‘B’.

II. PROPERTY INFO SUMMARY

Eagleson asked if anyone had any comments:

Davis confirmed the farm dwelling can be declared surplus because the Trelford’s live elsewhere and the land is still being farmed.  There was some discussion on various conditions considered for surplus farm dwelling severances.

10:10 AM          BILL HOLLO, DEPUTY DIRECTOR OF PLANNING, will also attend to introduce the Draft Zoning By-law Consolidation

Eagleson thanked Hollo for having the draft zoning consolidation document to the office by October 17th as promised; believes he and Hollo, as well as another Member or two of Council, need to schedule time to review the document with the Clerk and Hollo, Eagleson can schedule mornings to get it done as soon as possible, will confirm a schedule at another development meeting on Friday.

Hollo outlined the public process required by the Planning Act, would like the draft document posted on both the County and Municipal websites; official plan amendments will also be required; noted draft provisions included for Council’s review; has included explanatory notes for various processes; has included flexible provisions; has included existing exceptions already passed by zoning amendments; has included special areas and conservation overlays in the mapping; has used charts to simplify use; will be available to go through it clause by clause; not opposed to changes and will not be offended by suggestions; would like to have electronic mapping from Saugeen Valley Conservation Authority; expects there will be appeals, which is normal, decision would need to be made at that time to carry through, that is why he recommends at least two open houses in addition to the statutory public meeting; need three weeks notice for open houses, then schedule the public meeting for January, could decide to take longer.

Eagleson would like Councillors to study the schedules/maps; asked if it’s a problem to change the boundaries of the urban areas—would need to swap lands or justify by growth projections to the Ministry of Municipal Affairs & Housing; re mapping, asked how the flood-line mapping buffer zone is applied, requirement to stay 50 m away from a regulated area

Consensus to send to the Province and the agencies now, and put on the websites as is with a message looking for public comments

11:10 AM          RAKESH SHARMA Building Canada projects

Reviewed his report with Council; applications related to compliance with federal and provincial policies would have higher priority; reviewed the evaluation criteria and priorities; list of projects for consideration; the province will not match the funding provided under COMRIF by the federal government; Council agreed to submit the downtown Chesley sewage project, will have application information ready for approval at the next meeting.  (McLeod attended this portion of the meeting)

WORKS MANAGER, Vernon Weppler: reported that he is getting repair estimates for the Pearce Bridge, E12, for the next meeting

11:45 AM          CHIEF BUILDING OFFICIAL, Craig Johnston

Reviewed his statistical report with Council; (continued after lunch) Paisley medical clinic report, alarm systems to be connected, other minor items to be finished; Board of Education progress report, noted the cost of demolition permits was not included in the development agreement; requested that Council go into closed session to discuss identifiable individuals.

1:30 PM            BONNIE LESLIE – no follow-up on property standards/noise complaints (closed session)

ACCOUNTS – were reviewed with Staff prior to passage

CORRESPONDENCE – copy to all unless otherwise noted

1          REQUIRING ACTION

            1.1        South Bruce Grey Health Centre – invitation to appoint a representative to take part in its strategic planning process review

Wait for the next meeting when the Mayor is present

            1.2        Cuesta Planning Consultants re Gary MacDonald – as the County Official Plan Amendment #113 was approved, can proceed with zoning change

Sabine Robart said she will re-circulate the stayed zoning application once the official plan amendment appeal period has expired.

2          INFORMATION ONLY

            2.1        James Zimmerman, Office of the Fire Marshal – notice of compliance with public fire safety education and prevention services, will present Certificate of Compliance in November

            2.2        Bruce County Planning

                        Letters to residents:

                        a)  Penny Gingrich

                        2.2.1     Notice of Decision re Gary MacDonald official plan change

                        2.2.2     Draft consolidated zoning by-law

            2.3        Association of Municipalities of Ontario

                        a)  proposed amendments to facilitate Brownfield redevelopment

                        b)  Minister launches review of blue box program and Waste Diversion Act

                        c)  Province delivers fall economic statement

                        d)  Building Canada Fund – communities component deadline November 21st

            2.4        Ministry of Energy & Infrastructure – response to Murdoch's request for meeting for funds to match the federal COMRIF grant

            2.5        Bruce Grey & Huron Disability Transportation – minutes August 21 & September 4

            2.6        Lenore Long & Family – heartfelt thank you for the monument and dedication in memory of Clayton Long; donation for Tara parkland

Eagleson asked if this would be a good time to plant some red maples with the funds we have received from Mrs. Long as well as from the donations the day of the dedication, Eagleson will make arrangements

            2.7        Bruce County Highways – notice effective date of November 6, 2008, for transfer of 3 bridges to Arran-Elderslie

3          EVENTS

            3.1        Chesley & District Chamber of Commerce – Christmas banquet planned for businesses

            3.2        B.M.Ross & Associates – notice of County public meeting re Nagg's Bridge

            3.3        Ministry of Health Promotion – notice of Play Bruce Grey workshop Nov 20th

REPORTS OF MEMBERS – copies of any written reports to all

OSWALD - correspondence

            a)   Minister of Municipal Affairs & Housing – follow-up to AMO conference

DAVIS

Chesley Fire Chief replacement – have two applicants, meeting setup to deal with them Thursday

Will talk to Weppler about safety barricade at north end of rear municipal office parking lot

EAGLESON

BASWRA – will be a significant reduction in revenues due to falling commodity prices

Nice letter from Lenore Long

Bill Kuntz is working at the Tara library ramp

RILEY

Congratulated Charlton on his award

Medical clinic is now open

Was nice to attend the O.C.Long dedication

HERRON

Attended the McClure Bridge opening and the Paisley medical clinic opening

Did telephone interviews re Clerk/CAO replacement and actual 2-day interviews of four candidates

CHARLTON

Also attended the interviews on Tuesday

Attended the Chesley medical clinic expansion committee meeting; agrees its time for a tour of other clinics

Attended the Regional Tourism meeting, very informative, where he received the Charlie Kelly award

Enjoyed his vacation

CUMMING

Also attended the McClure Bridge and Paisley medical clinic openings; has received a lot of good comments about the clinic;

Participated in the interviews for Clerk/CAO

Met with Jason Weppler re family skating nights

Fridge at the museum quit, need to arrange for replacement

Read the Mayor’s report in his absence

REPORTS OF MUNICIPAL OFFICERS – copies of written reports to all

1          Staff survey re Christmas – 42% favour dinner; 58% favour ham or turkey

2          Henderson, Paddon & Associates Ltd. – follow-up on province matching federal COMRIF funding

            a)         October 16th letter to Bill Murdoch

            b)         October 20th email to Serena Wou at Industry Canada

3          Quotes to supply and install CIMCO dehumidifier compressor at Chesley arena

            a)  Emke Schaab

            b)  John Matches

            c)  CIMCO

4          Report re request for building permit information

5          Livestock Valuer – John Becker loss

6          Drain improvement request – Meuser Drain

7          Parent and Child Shinny program organized by users in Tara with Roger McRae's input

HEALTH & SAFETY

            1          Health & Safety Committee minutes of March 19, 2008

BY-LAWS

            1          Municipal Code:  update Supplemental Unemployment Benefit Plan dates

            2          Brockton & Area Health Team lease for Paisley clinic – for 1,004 square feet of clinic space, Cumming understands the doctors are to pay for their own offices separately

CLOSED SESSION

            1          Municipal Solicitor confidential information

            2          Disposal of surplus property

            3          C.U.P.E. internal position proposal

MOTIONS

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

that accounts payable voucher #18-08  in the amount of $256,035.94 be paid.

                                                                                    Carried

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

that a by-law to amend schedule A of By-law No. 7-84, as amended, (Elderslie) re:  Calhoun sale to Burke, Lot 12 Concession 1, Roll No. 4103-380-002-012, #164 Brant-Elderslie Town Line, be read a first and second time.                                                                                                           Carried

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

that the by-law to amend schedule A of By-law No. 7-84, as amended, (Elderslie) re:  Calhoun sale to Burke, Lot 12 Concession 1, Roll No. 4103-380-002-012, #164 Brant-Elderslie Town Line, be read a third time, finally passed and numbered 27 -08.                                                           Carried

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

that a by-law to amend schedule A of By-law No. 94-06, as amended, (Arran) re:  Trelford, Lot 6 Concession 1, Roll No. 4103-490-001-078, #2 Sideroad 5S, be read a first and second time.

                                                                                    Carried

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

that the by-law to amend schedule A of By-law No. 94-06, as amended, (Arran) re:  Trelford, Lot 6 Concession 1, Roll No. 4103-490-001-078, #2 Sideroad 5S, be read a third time, finally passed and numbered 28 - 08.                                                                                                                             Carried

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

that we certify to the OSWAP Secretariat that the information in the expression of interest in the Ontario Small Waterworks Systems Program, as submitted on our behalf by our engineering firm, Henderson, Paddon & Associates Ltd., is factually accurate.                                              Carried

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

that we go into closed session with the CBO and the Clerk/CAO to discuss identifiable individuals;

and then with Bonnie Leslie and the Clerk/CAO to  discuss identifiable individuals.

                                                                                    Carried

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

that we return to regular session.                                     Carried

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

that we issue $40 meat vouchers to all staff to be redeemed at one of three grocery/meat markets in Arran-Elderslie with the store invoicing the Municipality for the actual cost per purchase up to $40.00.

                                                                                    Carried

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

that we accept the quote from Greg MacRae with CIMCO to supply and install one Humicon MK VIII compressor at $1,850 plus tax.                                                                        Carried

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

that we accept the Report of the Livestock Valuer dated October 13, 2008 in the amount of $155 for John Becker                                                                                          Carried

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

that we authorize Pryde, Schropp, McComb to proceed with a review of the Meuser Drain as requested by benefiting landowners.                                                                   Carried

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

that a by-law to amend the Municipal Code (supplemental unemployment benefit plan) be read a first and second time.                                                                             Carried

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

that the by-law to amend the Municipal Code (supplemental unemployment benefit plan) be read a third time, finally passed and numbered 29 – 08.                                       Carried

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

that a by-law to amend the Municipal Code (Brockton & Area Family Health Team re Paisley health clinic) be read a first and second time, as amended.                                       Carried

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

that the by-law to amend the Municipal Code (Brockton & Area Family Health Team re Paisley health clinic) be read a third time, finally passed and numbered 30 – 08                Carried

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

that a by-law to impose rates in respect of money borrowed under the Tile Drainage Act be read a first and second time                                                                              Carried

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

that the by-law to impose rates in respect of money borrowed under the Tile Drainage Act be read a third time, finally passed and numbered 31 – 08.                                        Carried

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

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

                                                                                    Carried

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

that we return to regular session.                                     Carried

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

that we declare the following property to be surplus to the needs of the Municipality:

Plan 29 Part Lot 24, being 33' by 66' in size, with no frontage on any street, Tara, west of Yonge Street, North of Matilda Street;

and further that, since the property is landlocked, we offer it to each of the four abutting landowners to determine their interest in acquiring it, if any.                                          Carried

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

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

Adjourned at 3:45 pm