MUNICIPALITY OF ARRAN-ELDERSLIE

Council Meeting - C#05-09

Monday, March 9, 2009

9:00 a.m.

Council Chambers

Municipal Administration Offices

1925 Bruce County Road 10

Chesley, Ontario

His Worship

Mayor Ron Oswald

MINUTES

A meeting of the Council of the Municipality of Arran-Elderslie was held on Monday, March 9, 2009 at 9:00 a.m. in the Council Chambers.

The following Members of Council were present:

Mayor Ron Oswald (Chair)

Deputy Mayor Mary Cumming

Councillor Stacy Charlton

Councillor Mark Davis

Councillor Paul Eagleson

Councillor Ross Herron

Councillor Jack Riley

The following members of Staff were present:

A.P. Crawford, CAO/Clerk

J. Marklevitz, Treasurer

V. Weppler, Works Manager

S. McLeod, Water and Sewer Foreman

B. McAllister, Facilities Foreman

K. Eke, Recreation Programmer

DISCLOSURES OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF

There were no disclosures of pecuniary interest by Members of Council under the Municipal Conflict of Interest Act.

ADOPTION OF AGENDA

Moved by: Councillor Davis

Seconded by: Deputy Mayor Cumming

That the agenda be adopted as distributed by the Clerk.

Carried

MINUTES OF PREVIOUS MEETING

Council Meeting C#04-09 – February 20, 2009

Moved by: Deputy Mayor Cumming

Seconded by: Councillor Davis

That the minutes of the Council meeting C#4-09 held February 20, 2009 be adopted.

Carried

BUSINESS ARISING FROM THE MINUTES

There was no business arising from the minutes.

DELEGATIONS

7.1 Paul Crysler, Chairperson, Lake Huron Shoreline Tourism Partners, provided an update with respect to the projects undertaken in 2008 and reviewed the goals and objectives of the group and its plans for 2009. He noted that the Paisley Chamber of Commerce had paid a fee to the group for the last few years in order to retain its affiliation after the Municipality had withdrawn its funding. He requested that Council again consider becoming a partner organization with the group.

7.2 Bob Johnson, Executive Director, Chesley & District Chamber of Commerce, addressed Council with respect to the current condition of street banners in Chesley and outlined the new initiative to replace them with vinyl banners similar to those in Paisley, split between Canadian flags and pictures of various attractions. He advised that the project would cost approximately $4,300 and that the Kinsmen had already contributed $1,000 in support. He requested that Council consider a one-time contribution to this project of $1,000.

Mr. Johnson also provided an update to Council with respect to other matters, including the plans of the Chesley Medical Clinic Expansion Fundraising Committee, a request for approval to relocate the old flagpole from the Bluewater Board of Education offices to a park, and the status of the community information road sign at the south end of Chesley.

7.3 William Tooke addressed Council with respect to legal action he proposed to take against the Municipality’s Chief Building Official, and potentially against Council. He stated that his deadline was April 14, 2009.

CORRESPONDENCE

The following items of correspondence on the Council Agenda were discussed:

8.1.1 City of Cambridge – request for endorsement of resolution regarding internet filtering software on computers in public schools and libraries

Moved by: Councillor Davis

Seconded by: Deputy Mayor Cumming

a) That the correspondence from the City of Cambridge requesting endorsement of its resolution regarding internet filtering software on computers in public schools and libraries be received;

b) That the resolution from the City of Cambridge with regard to this request be endorsed.

Carried

8.1.2 City of Greater Sudbury – request for endorsement of resolution regarding regulation and provision of resources to monitor retirement homes

Moved by: Deputy Mayor Cumming

Seconded by: Councillor Davis

a) That the correspondence from the City of Greater Sudbury requesting endorsement of its resolution regarding regulation and provision of resources to monitor retirement homes be received;

b) That the resolution from the City of Greater Sudbury with regard to this request be endorsed.

Carried

8.1.3 Grey Bruce Eat & Learn – request for sponsorship of its tributes show of “Hannah Montana, Jonas Bros., and Demi Lovato” fundraising event

Moved by: Councillor Herron

Seconded by: Councillor Charlton

a) That the request for sponsorship from the Grey Bruce Eat & Learn program for its tributes show of "Hannah Montana, Jonas Bros., and Demi Lovato" fundraising event be received;

b) That Council sponsor this event at the Bronze Level ($75.00).

Carried

8.1.4 Municipality of West Grey – request for support of its position regarding the request to the Province of Ontario to permit the Bruce, Grey and Huron Disability Transportation to access gas tax funding for operational use

Moved by: Councillor Davis

Seconded by: Councillor Riley

a) That the correspondence dated March 5, 2009 from the Municipality of West Grey regarding financing for the Bruce, Grey and Huron Disability Transportation Corporation be received;

b) That the Council of the Municipality of Arran-Elderslie requests that a letter be forwarded to the Minister of Finance and the Minister of Transportation for the Province of Ontario to request that gas tax funding be made available for operational use for the Bruce Grey Huron Disability Transportation Corporation.

Carried

DELEGATIONS (CONTINUED)

7.4 Selwyn Hicks, Joe Pickering and Bob Lohene, of the Bruce Grey Huron Disability Transportation Corporation, addressed Council with respect to the funding issue for the Transportation Corporation. They provided updated information with respect to the current year’s financial status and referred to the actions of the West Grey Council in approving one half of the 2009 funding request at this time, requesting that Council consider the same initiative. They addressed the ongoing efforts to resolve the funding issues at the Provincial level, including the representations made to the responsible Ministries and acknowledged the concern that due to the permitted uses for gas tax funding (capital only), the Corporation had addressed all of its capital needs and remained with a reserve of approximately $750,000 which it was not able to access for any part of the ongoing operating expenses.

General discussion place regarding the impact to the Municipality through other costs, should it not be able to continue to participate in this Corporation.

MOTION TO MOVE INTO CLOSED SESSION AND GENERAL NATURE THEREOF:

Moved by: Councillor Eagleson

Seconded by: Deputy Mayor Cumming

That Council move into closed session to consider matters about an identifiable individual, including municipal or local board employees; litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, and advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

Carried

Council moved into closed session and returned to open session (10:48 a.m. – 11:30 a.m.).

A recess was held (11:30 a.m. – 11:40 a.m.). Deputy Mayor Cumming assumed the Chair at this time for the Recreation Reports.

STAFF REPORTS

9.3 FACILITIES FOREMAN – B. McAllister

i) SRFAC.09.02 – Items to be discussed

B. McAllister reviewed the items listed on his report to Council:

a) Tara Arena Ice Lights – have been changed and the ice surface is much brighter.

b) Air Conditioner cover – Paisley Health Clinic – has been received and will be installed.

c) Chesley Old Town Hall Washroom Painting – will be completed once the ice has been removed from the arena and staff is available.

d) Arena Ad Boards – the board owner was not happy with the Municipality’s offer. Staff was instructed to put the owner on notice that the Boards would be required to be removed at the end of December, 2010 once the current advertising contracts had expired.

e) Tara Library basement flooding – discussion took place regarding possible remedies for the flooding issue. Staff was directed to continue to pursue this matter.

f) Paisley Museum meeting – February 26, 2009 – the Museum staff have provided a proposed budget for 2009 which was attached to SRFAC.09.02, and have requested a 2008 balance sheet from the Treasurer. They have also requested additional cupboards, which can be sourced from the ones in storage at the Municipal Offices. A question arose regarding the insurance status of the volunteers at the Museum which the CAO has undertaken to research.

g) Paisley Arena fire extinguishers – as a result of a recent inspection, new fire extinguishers were required and have been sourced from the local hardware store at an advantageous price.

h) Chesley Trailer Park – on-site attendant – Staff has been researching to determine if there was a contract with the previous trailer park attendant, and to seek a replacement for her.

i) Hydro service to Kinsmen Change House – it has been determined that the hydro service had been removed, including the meter.

The following additional items were raised:

a) Repairs to the Olympia at Chesley Arena have been completed, with the assistance of Works Department Staff.

b) Paisley Library – work required at the facility. B. McAllister was directed to speak with the Library Supervisor to locate the list previously provided to staff.

c) Paisley Health Clinic cleaning contract needs to be settled in the near future. Staff undertook to work to resolve this matter.

d) Security Cameras have been/will be installed in the three arena lobbies to make use of the equipment. It was confirmed that the necessary signs were posted to advise of the cameras’ presence.

9.4 RECREATION PROGRAMMER – K. Eke

i) SRREC.09.02 – To Amend the Municipal Code with regards to the 2009 Pool Fees

K. Eke, Recreation Programmer, provided an overview of SRREC.09.02 with respect to proposed amendments to the Municipal Code to incorporate the 2009 Pool Fees.

Moved by: Councillor Charlton

Seconded by: Deputy Mayor Cumming

a) That the proposed Pool Rates for Chesley and Tara for the 2009 season as set out in Appendix A to SRREC.09.02 be approved;

b) That the necessary by-law be enacted to amend the Municipal Code.

Carried

ii) SRREC.09.03 – Items to be discussed

K. Eke, Recreation Programmer, provided an update with respect to the following items listed in her report:

a) Community Guide – was anticipated to be at the various Postal Stations over the course of the week for delivery prior to March Break. Based on advertising sales, this initiative has made a small profit for this year.

b) Kinsmen Letter regarding the Change House has been received and Staff is working on a report to Council with respect to assumption of this asset.

c) AE Minor Hockey extended its appreciation for the pins to be used as token exchanges at an upcoming hockey tournament.

d) Reciprocal Agreement with the Bluewater Board of Education has been investigated and Staff has been advised that the Board is not interested in such an agreement at this time.

A recess was held at this time (12:30 p.m. – 1:20 p.m.)

CORRESPONDENCE (CONTINUED)

8.1.5 Child Find Ontario – requesting proclamation of May 25, 2009 as “Missing Children’s Day”

Moved by: Councillor Charlton

Seconded by: Deputy Mayor Cumming

a) That the correspondence dated March 2009 from Child Find Ontario be received;

b) That May 25, 2009 be proclaimed as National Missing Children's Day in and for the Municipality of Arran-Elderslie.

Carried

8.1.6 M. Aileen Carroll, Minister Responsible for Seniors – requesting a nomination of a “Senior of the Year”

Moved by: Councillor Charlton

Seconded by: Deputy Mayor Cumming

That the correspondence from M. Aileen Carroll, Minister Responsible for Seniors requesting a nomination of a “Senior of the Year” from the Municipality of Arran-Elderslie be received and referred to staff.

Carried

Moved by: Councillor Davis

Seconded by: Councillor Eagleson

That the following items of correspondence on the Council Agenda be received for information purposes:

8.2.1 Saugeen Economic Development Corporation – 2008 4^th Quarter Report

8.2.2 Saugeen Community Business Excellence Awards – letter of appreciation regarding the Municipality’s Bronze Sponsorship of the 2009 S.Co.B.E. Awards

8.2.3 Grey Bruce Public Health Unit – Program Report – February 2009

8.2.4 2008 International Plowing Match – press release dated Sunday, February 22, 2009 regarding the award of $500,000 to local hospitals

8.2.5 PLAY in Bruce Grey – summary of accomplishments and expenditures for 2008 and 2009

8.2.6 Polaris Institute – correspondence with respect to possible actions by municipalities regarding the use of bottled water

8.2.7 Bruce County Planning

i) Notice of Passing of Zoning By-law No. 1-09 – File No. Z-82-2009.38 Legge

ii) Correspondence with Residents:

a) Al Smiley – 149 Balaklava Street; Lot 10 Duke S W/S, geographic village of Paisley

b) Steven Horner – 449 8^th Concession Arran, Pt. Lot 21, Con 9 (Arran)

c) Steven and Sara Jane Molnar – 1823 Bruce Road 19, Concession 1, East Pt. Lot 22 (Elderslie)

d) Murray Grant – Concession 1, Pt. Lot 3, R.P. 3R7769 Pt. 1 (Arran)

Carried

STAFF REPORTS (CONTINUED)

Councillor Herron assumed the Chair at this time (1:36 p.m.) for the Finance reports.

9.1 TREASURER – J. Marklevitz

J. Marklevitz, Treasurer, responded to questions with respect to various items listed on the Accounts Payable Voucher #05-09 dated March 4, 2009.

Moved by: Councillor Herron

Seconded by: Councillor Riley

That Accounts Payable Voucher #05-09 in the amount of $1,085,674.98 be paid.

Carried

Discussion took place regarding the water/sewer bills for the splitting of formerly shared water and sewer services at two adjoining residences on Queen Street in Paisley. Staff advised that this bill had been rendered in 2004 and subsequently added to the tax roll to be collected in like manner as taxes.

Councillor Davis assumed the Chair at this time (2:00 p.m.) for the Works Department reports.

9.3 WORKS MANAGER – V. Weppler

i) Arran Landfill Annual Report

V. Weppler, Works Manager, highlighted the conclusions and recommendations contained in the Arran Landfill Annual Report and advised that a copy of the full report was available for Council to review.

ii) Bruce County Works Superintendents Curling Bonspiel

V. Weppler, Works Manager, confirmed attendance of Members of Council at the Bonspiel and dinner.

iii) Upcoming Tenders

V. Weppler advised that the Municipality would be advertising shortly for tenders for crushed gravel, single surface treatment and dust control. He noted that any tender for hot mix would be held until such time as it was determined what work was intended to proceed in 2009.

iv) Equipment Fleet Repairs

V. Weppler reported that one of the Municipality's truck fleet (one-ton truck) was currently in for repairs for replacement of the transmission. He also noted the work that was being undertaken to make the sweeper truck operational.

v) Proposed meeting with Municipal Engineers

Council requested that Staff arrange for a meeting with the Municipality's engineers to discuss the status of engineering work for various projects, including the proposed upgrades to the sewage system in Chesley, the "Big Dig" in Chesley, and other work throughout the Municipality.

vi) Roads/Facilities Tour – confirmation of date

Council confirmed that the annual Roads/Facilities Tour would be held on April 17, 2009.

vii) Community Information Sign – South end of Chesley

Discussion took place regarding the status of the information sign at the south end of Chesley. Staff undertook to research this issue and report back.

Moved by: Councillor Davis

Seconded by: Councillor Eagleson

That a special meeting of Council be held on Monday, March 16, 2009 at 9:30 a.m. to meet with representatives of Henderson, Paddon & Associates Ltd., to review various engineering projects for 2009 and 2010.

Carried

9.2 WATER AND SEWER FOREMAN – S. McLeod

i) 2008 Annual Drinking Water Reports

S. McLeod provided a brief overview of the Executive Summaries for the Arran-Elderslie and Tara water systems attached to his written report. He confirmed that copies of the full reports were available for Council to review. He confirmed that a report would be presented at a future Council meeting for approval of these reports.

ii) Upcoming Conference

S. McLeod advised that the Ontario Water Works Association and the Ontario Municipal Water Association conference would be held in Toronto on May 3 – 6, 2009 and that he had the conference information for anyone interested. He requested that anyone interested in attending advise him so that he could make the necessary arrangements.

iii) Ontario Drinking Water Stewardship Program (ODWSP) – Open Houses

S. McLeod advised that the ODWSP Open House meetings were scheduled for March 10, 11, and 12, 2009, as set out under Events on the agenda for this meeting. Councillor Herron undertook to attend one of these meetings on behalf of Council.

iv) Build Canada Fund – next intake for applications

Discussion took place with respect to the possibility of the Municipality making another application to the next Build Canada Fund intake for the Chesley sewage system upgrades for which the Municipality had already received Federal funding. S. McLeod was directed to instruct the Municipal Engineers to continue with the investigation of pricing and other details regarding the potential to re-line a portion of the existing system, and to report back on the results of this investigation.

v) Tara Pumphouse Tender

S. McLeod provided a brief update with respect to the status of the tender for the Tara Pumphouse. He noted that, given the small size of the job, price could become an issue. He confirmed that the tender would close on March 17, 2009, and that a report and recommendation would be provided to Council at its meeting on March 23rd.

vi) Paisley Water Tower Repainting Tender

S. McLeod confirmed that the tender for repainting the Paisley Water Tower had been advertised with a closing date of April 1, 2009.

vii) Request to Place Telecommunications Antenna on Tara Water Tower

S. McLeod reported that Grey Bruce Telecom had approached the Municipality to place a telecommunications antenna (high speed internet) on the Tara water tower under a lease agreement for a five-year period. The proposed lease payment was $700 per annum. Council directed staff to further investigate this matter and report back with additional information.

Mayor Oswald assumed the Chair at this time (2:50 p.m.)

9.6 CHIEF ADMINISTRATIVE OFFICER – A.P. Crawford

i) SRCAO.09.03 – 2008 Council Remuneration and Expenses

Councillor Herron noted that he received no remuneration from the Grey Sauble Conservation Authority.

Moved by: Councillor Davis

Seconded by: Councillor Eagleson

That SRCAO.09.03 regarding the 2008 Council remuneration and expenses be received.

Carried

ii) Land Purchase Request – County of Bruce

Moved by: Councillor Herron

Seconded by: Councillor Charlton

That the lands described as Part 1, Reference Plan 3R-8393 be declared surplus.

Carried

REPORTS OF MEMBERS OF COUNCIL

i) Councillor Charlton

Councillor Charlton provided a brief update with respect to his attendance at various meetings and conferences, including the OGRA Conference in Toronto, South Western Ontario Economic Assembly consultation meeting.

He also advised that Saugeen Country Tourism had received a grant which had enabled the hiring of an assistant to work in the office.

Councillor Charlton provided an update with respect to the Chesley Medical Clinic Expansion Project and the Building Committee's recommendation to award the project to Terry Marklevitz Architects Inc.

Moved by: Councillor Charlton

Seconded by: Councillor Davis

a) That Council accept the recommendation of the Building Committee for the Chesley Medical Clinic Expansion Project to appoint Terry Marklevitz Architects Inc. as the project architect at a fee of 7.5% of the final construction cost, plus GST;

b) That this fee includes all reimbursable costs including mileage, phone, fax, and postage, but does not include any civil work including storm water management, formal Site Plan Approval fees, final contract document printing costs or tender advertising costs.

Carried

ii) Councillor Herron

Councillor Herron advised that the Tara Fire Department budget submission had been finalized and submitted. He also commented on the results of the Budget Committee of the Whole meeting held on March 6th, noting that the draft had been returned to staff for further refinement.

Councillor Herron also brought forward a motion with respect to Conservation Authority funding that he had prepared for Council's consideration.

Moved by: Councillor Herron

Seconded by: Councillor Riley

a) That the Municipality of Arran-Elderslie request the Province of Ontario to Increase funding to local Conservation Authorities to reduce the impact on current and future municipal budget requests;

b) That the Province of Ontario be requested to increase funding for provincially mandated programs and base level funding to local Conservation Authorities;

c) That the Association of Municipalities of Ontario (AMO) be requested to circulate this motion to municipal members for support and endorsement and that AMO, on behalf of its membership, be requested to make representation to the Minister of Natural Resources and the Minister of Finance regarding this issue;

d) That Bill Murdoch, M.P.P., the Minister of Natural Resources, the Minister of Finance, the Premier of Ontario, and Conservation Ontario be forwarded a copy of this resolution.

Carried

iii) Councillor Riley

Councillor Riley advised that he had nothing new to report.

iv) Councillor Eagleson

Councillor Eagleson advised that the BASWRA regular meeting had been postponed.

v) Councillor Davis

Councillor Davis discussed the issues concerning the previous Reciprocal Agreement with respect to the Bluewater Board of Education and requested that staff maintain documentation with respect to the status of this matter.

Councillor Davis introduced a motion with respect to the request from Bob Johnson, Executive Director, Chesley & District Chamber of Commerce, for a contribution toward the new banners in the downtown.

Moved by: Councillor Davis

Seconded by: Councillor Eagleson

That Council donate $1,000.00 to the Chesley & District Chamber of Commerce in regards to its main street banner project and congratulate the Chamber of Commerce on its initiative.

Carried

Councillor Davis introduced a motion with respect to concerns regarding the impact of the current economic climate on the property assessment process by the Municipal Property Assessment Corporation.

Moved by: Councillor Davis

Seconded by: Councillor Eagleson

Whereas the Municipal Property Assessment Corporation (MPAC) was created and mandated by the Province of Ontario;

And Whereas by law municipalities must tax properties according to the assessment dictated by MPAC;

And Whereas every year municipalities give back many thousands of dollars due to successful challenges of assessment figures that were already part of their budgets;

And Whereas in MPAC's new 4-year program, it is predicting property values to continue to rise, while realistic predictions due to recessionary times dictate otherwise;

And Whereas this scenario could put municipalities in an extremely difficult situation of handing back even more budgeted money on successful reassessments in the future;

Now Therefore Be It Resolved that the Council of the Municipality of Arran-Elderslie petition the Government of the Province of Ontario that any shortfalls in municipal budgets due to this system be picked up by the Province, and that a copy of this motion be forwarded to the Premier of Ontario, the Minister of Finance, Bill Murdoch, M.P.P., and to all municipalities in the Province.

Carried

vi) Deputy Mayor Cumming

Deputy Mayor Cumming advised that she was working on resolving the cleaning contract issue at the Paisley Health Centre and highlighted that Dr. Gill's first day at the clinic was today.

She also discussed the ongoing issue with respect to funding for the Bruce Grey Huron Disability Transportation Corporation and advised that as soon as she had further information with respect to the information presented earlier in the meeting, she would report back to Council.

Deputy Mayor Cumming provided an update with respect to a meeting that she and staff had with the Paisley Curling Club Executive and noted that the Club had requested additional details with respect to the invoice for its share of the electrical service upgrade, which she undertook to research and provide.

vii) Mayor Oswald

Mayor Oswald reviewed his meeting schedule and events he had attended since the last meeting of Council, including some highlights from the OGRA/ROMA Conference.

BYLAWS

By-law No. 6-09 - A By-law to Amend the Municipal Code – Schedule G – Recreation Facilities (to add the Pool Fees for 2009)

Moved by: Deputy Mayor Cumming

Seconded by: Councillor Riley

That By-law No. 6-09 be taken as read a first and second time.

Carried

Moved by: Deputy Mayor Cumming

Seconded by: Councillor Riley

That By-law No. 6-09 be taken as read a third time and finally passed and that the Mayor and Clerk be authorized to sign same and have the seal of the Corporation attached thereto.

Carried

ADJOURNMENT

Moved by: Councillor Riley

Seconded by: Councillor Davis

That Council now adjourn to the call of the Mayor.

Carried

The meeting was adjourned at 3:47 p.m.

______________________________

Mayor

______________________________

Clerk