MUNICIPALITY OF ARRAN-ELDERSLIE

 

           

Council Meeting - C#07-09

 

Monday, March 23, 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 23, 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

K. Eke, Recreation Programmer

 

 

DISCLOSURES OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF

 

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

 

 

ADOPTION OF AGENDA

 

            Moved by:        Councillor Riley

            Seconded by:   Councillor Herron

 

            That the agenda be adopted as distributed by the Clerk.

 

                                                                        Carried

 

 

 

MINUTES OF PREVIOUS MEETINGS

 

Budget Committee of the Whole Meeting BCW#01-09 – March 6, 2009

 

            Moved by:        Councillor Herron

            Seconded by:   Deputy Mayor Cumming

 

            That the minutes of the Budget Committee of the Whole meeting BCW#01-09 held March 6, 2009 be received.

 

                                                                                    Carried

 

Council Meeting C#05-09 – March 9, 2009

 

            Moved by:        Councillor Riley

            Seconded by:   Councillor Charlton

 

            That the minutes of Council meeting C#05-09 held March 9, 2009 be adopted.

 

                                                                                    Carried

 

Special Council Meeting C#06-09 – March 16, 2009

 

            Moved by:        Councillor Davis

            Seconded by:   Deputy Mayor Cumming

 

            That the minutes of Special Council meeting C#06-09 held March 9, 2009 be adopted.

 

                                                                                    Carried

 

 

BUSINESS ARISING FROM THE MINUTES

 

There was no business arising from the minutes.

 

 

DELEGATION

 

7.1       Don Janke, on behalf of himself and his neighbours, requested that Council consider surfacing the grass median between the sidewalk and the road on the west side of 1st Avenue North.  He advised that the Municipality’s sidewalk snow plough was too wide for the sidewalk and caused damage to the residents’ lawns and the median, and that the additional salt and sand load from the roadway also caused problems maintaining the median.  He noted that the median on the east side of the road was surfaced, and distributed photographs of the current condition of the area.

 

 

CORRESPONDENCE

 

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

 


8.1.1    Municipality of Middlesex Centre – request for support of its resolution regarding the Department of Fisheries and Oceans Requirements pertaining to Drainage Works and Bridge Reconstruction

 

            Moved by:        Councillor Riley

            Seconded by:   Councillor Herron

                          

            That the correspondence dated March 4, 2009 from the Municipality of Middlesex Centre regarding Department of Fisheries and Oceans requirements pertaining to drainage works and bridge reconstruction be endorsed.

 

                                                                                    Carried

 

Moved by:        Councillor Charlton

Seconded by:   Deputy Mayor Cumming

 

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

 

            8.2.1    Genivar Consultants LP – copy of letter from R. Sharma, Designated Consulting Engineer addressed to Bill Bunker, Business Case Analyst, Infrastructure Operations Directorate, Industry Canada – regarding improvements to the Chesley Sanitary Sewage System Project

 

            8.2.2    Ministry of Energy and Infrastructure and Ministry of Agriculture, Food and Rural Affairs – confirmation of funding under the OSWAP-2 program

 

            8.2.3    Drinking Water source Protection Committee – Minutes of Meeting #12 held January 23, 2009

 

            8.2.4    Grey Sauble Conservation Authority – minutes of meeting held February 11, 2009

 

            8.2.5    Statistics Canada, Small Business and Special Surveys Division – information regarding a new data warehouse about small and medium enterprises in Canada

 

            8.2.6    County of Grey – Notice of the Adoption of Amendment No. 80 to the County of Grey Official Plan

 

            8.2.7    County of Bruce – Notice of Commencement (Revised) – Municipal class Environmental Assessment for the Rehabilitation of Willow Creek Bridge

 

            8.2.8    Correspondence from Jo-Ann, Wayne, Scott and Casey Woods in response to the Municipality’s donation to Chesley Hospital in memory of June MacMillan

 

            8.2.9    Premier of Ontario – acknowledgement of receipt of Council’s resolution regarding homecare services in rural areas

 

            8.2.10  Ministry of Community and Social Services – acknowledgement of receipt of Council’s resolution regarding homecare services in rural areas

 

            8.2.11  Municipal Property Assessment Corporation (MPAC) – product delivery update

 

            8.2.12  Municipal Property Assessment Corporation (MPAC) – Post Roll Amended Notice

 

            8.2.13  County of Bruce – 2009 County Waste Management Estimate Summary

 

            8.2.14  Hydro One Networks Inc. – information regarding Hydro One 2008 Delivery Rate Changes

 

            8.2.15  Parkview Manor Health Care Centre – correspondence regarding Grey Bruce Huron Disability Van Services

 

            8.2.16  Grey Sauble Conservation Authority – comments regarding Applications for Consent and Zoning By-law Amendment – D’arcy Healy - 97 Brook Street West, Tara

 

            8.2.18  Ministry of Municipal Affairs and Housing – information regarding Earth Hour on March 28, 2009

 

            8.2.19  Bruce County Planning

            i)          Request for Comments – Proposed Zoning By-law Amendment and Application for Consent to Sever Land – D’arcy Healy – 97 Brook Street West, Tara

 

                                                                        Carried

 

 

STAFF REPORTS

 

Councillor Herron assumed the Chair at this time (9:50 a.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 #06-09 dated March 18, 2009.

 

            Moved by:        Councillor Herron

            Seconded by:   Councillor Davis

 

            That Accounts Payable Voucher #06-09 in the amount of $436,232.12 be paid.

 

                                                                                    Carried

 

Deputy Mayor Cumming assumed the Chair at this time (10:15 a.m.) for the Recreation Report.

 

9.2       RECREATION PROGRAMMER – K. Eke

 

i)          SRREC.09.04 – Revision of Ball Diamond and Soccer Field Fees; Addition of Holiday Ice Fees; Revision of Facility Rental Conditions

 

K. Eke, Recreation Programmer, provided an overview of SRREC.09.04 with respect to the proposed revisions to ball diamond and soccer field fees, the addition of holiday ice fees and the revision of facility rental conditions that had previously been approved by Council and explained the need to revisit this issue.

 

Moved by:        Deputy Mayor Cumming

Seconded by:   Councillor Charlton

 

            a)         That the proposed Ball Diamond, Soccer Field, and Holiday Ice Rates for the 2009 and 2010 seasons as set out in Appendix A to SRREC.09.04 be approved;

 

b)         That the revision of condition #4 of the Facility Rental Conditions as set out in Appendix B to SRREC.09.04 be approved;

 

 

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

 

Carried

 

Discussion took place with respect to a request to use the Chesley Arena floor by the PLAY group (Public Health) as part of the Harry Biermans Classic event.  The reason for this request was to provide a space for supervised physical activities for the children who participate in the Classic during the period of their return to the Arena from the walk until the time of the Awards Ceremony.  She noted that the Hall was already booked for this event so no additional staff would be required and that minimal power and cleanup would be required to accommodate this request.

 

K. Eke also advised Council that the process to replace the Chesley Trailer Park attendant had begun and applications were being received.

 

 

A recess was held at this time (10:40 a.m. to 10:55 a.m.)

 

 

Councillor Davis assumed the Chair at this time (10:55 a.m.) for the Works Department reports.

 

9.3       WORKS MANAGER – V. Weppler

 

i)          SRW.09.02 – Tender Approval – Tara Pumphouse #4 at the Tara Standpipe Location

 

            Moved by:        Councillor Eagleson

            Seconded by:   Councillor Davis

 

            a)         That the bid which meets the terms and conditions of the tender for the construction of Tara Pumphouse #4, Construction Contract No. OS‑08-010-11-OSC, be awarded to Allen-Hastings Limited at a price of $459,900.00, including GST;

 

            b)         That the necessary by-law be enacted authorizing the Mayor and Clerk to execute the contract agreement upon the written recommendation of the Works Manager;

 

            c)         That funding for this project be taken from the Tara Water – Upgrading #4 and New Pumphouse Account No. 02 3900 3010.

 

                                                                                    Carried

 

9.4       CHIEF ADMINISTRATIVE OFFICER – A.P. Crawford

 

i)          SRCAO.09.04 – Amendment to Municipal Code – Schedule E – Health Services – Cemeteries:  Operations

 

            Councillor Eagleson declared a conflict of interest with respect to this matter as he is a Funeral Director.  He refrained from discussing this matter and withdrew from the Council table at this time.

 

            General discussion took place with respect to the draft by-law to consolidate, harmonize and update the provisions of the cemetery operations by-laws for the former Villages of Tara and Paisley and Town of Chesley.  Members of Council raised specific questions with respect to certain information contained in the draft by-law.

 

            Consideration of this matter was deferred to a future meeting to permit time to resolve the specific issues raised.

 

 

ii)         SRCAO.09.05 – Declaration of Surplus Lands for Sale – Northview Crescent, Chesley

 

            Moved by:        Councillor Charlton

            Seconded by:   Councillor Davis

 

 

a)         That Council declare Blocks 11 – 18 (both inclusive), 20 and 21, Plan 3M-106 (Northview Crescent, Chesley) to be surplus to the Municipality’s requirements;

 

b)         That Staff be directed to obtain the necessary appraisal or realtor’s opinion of the fair market value of the said real property;

 

c)         That Staff be directed to report back to Council with respect to the results of the property valuation and recommended next steps in the disposal process.

 

                                                                                    Carried

 

iii)        SRCAO.09.06 – Request for Permission to Stockpile Asphalt

 

            Moved by:        Councillor Herron

            Seconded by:   Councillor Davis

 

            That Council grant permission to 975270 Ontario Ltd. to stockpile asphalt for the purpose of recycling, at a gravel pit located at Lot 14, Concession 9, in the former Township of Arran.

 

                                                                                    Carried

 

iv)        SRCAO.09.07 – Fire Department Dispatch Agreements – Chesley and Area Fire Department and Paisley and Area Fire Department

 

            Moved by:        Councillor Davis

            Seconded by:   Deputy Mayor Cumming

 

            That Council authorize the Mayor and Clerk to execute the Fire Dispatch Agreements for the Chesley and Area Fire Department and the Paisley and Area Fire Department and that the necessary by-law be enacted.

 

                                                                                    Carried

 

v)         Other matters

 

            Staff recommended that members of Council visit the upcoming Agri Fair to view new equipment that the Municipality proposed to purchase in 2009.

 

            Discussion took place with respect to possible residential construction projects in Tara.

 

 

A recess was held at this time (12:10 p.m. – 1:05 p.m.).  Mayor Oswald assumed the Chair at this time.

 

 

 

 

 

 

 

CORRESPONDENCE (CONTINUED)

 

8.1.2    Canadian Cancer Society – request to fly flag at Elliot Park in May

 

            Moved by:        Councillor Riley

            Seconded by:   Councillor Charlton

 

            That the Council approve the request from the Canadian Cancer Society to fly its flag in Elliot Park in Chesley during the month of April, 2009.

 

                                                                                    Carried

 

8.2.17  Municipality of Grey Highlands – resolution regarding Bill 150

 

            Moved by:        Councillor Davis

            Seconded by:   Councillor Eagleson

 

            That the correspondence dated March 12, 2009 from the Municipality of Grey Highlands with respect to its resolution regarding the proposed provisions of Bill 150 related to the removal of local land use planning controls for renewable energy facilities be received and that its position be endorsed.

 

                                                                                    Carried

 

 

STAFF REPORTS (CONTINUED)

 

Councillor Herron assumed the Chair at this time (1:10 p.m.) for the Finance report.

 

9.1       TREASURER – J. Marklevitz (Continued)

 

ii)         Addition of Cost of Installing Water Service on Certain Streets in Paisley to Tax Roll

 

            Moved by:        Councillor Herron

            Seconded by:   Councillor Riley

 

That the Council of the Municipality of Arran-Elderslie add to the benefiting landowners tax roll the amount of $29,946.35, the costs of installing water on Regent Street – between Arnaud Street and Cormack Drive and the most easterly portion of Cormack Drive, to the benefiting landowners.  This amount will be divided equally and added to the following roll numbers:

 

41 03 410 001 00108

41 03 410 001 00109

41 03 410 001 00117

41 03 410 001 00118

41 03 410 001 02505

41 03 410 001 02502

 

                                                                        Carried

 

iii)        Investment Options for Municipal Reserves

 

            J. Marklevitz provided information to Council with respect to the current bank interest rates and possible ways to increase the rate of return on the Municipality’s investments.  Council requested that she undertake further enquiries with additional financial institutions including the local credit union and report back to Council with respect to her findings.

 

Mayor Oswald assumed the Chair at this time (1:20 p.m.)

 

REPORTS OF MEMBERS OF COUNCIL

 

      i)    Deputy Mayor Cumming

 

            Deputy Mayor Cumming discussed the issues related to an offer to construct additional flower boxes in Paisley to match the existing boxes.  Council decided to maintain its current method of funding and working with the local groups to provide for the flower boxes and accept the offer of new boxes with appreciation.

 

            Discussion took place with respect to the status of the Municipality’s participation in the Bruce Grey Huron Disability Transportation Corporation and Council’s commitment of funds toward this enterprise.  Deputy Mayor Cumming advised that the Corporation was working on accessing the gas tax monies that were currently only available for use for capital expenditures.

 

            Discussion took place with respect to the status of the cleaning contract for the Paisley Health Clinic building.  Staff confirmed that the position was in the process of being posted for internal applicants.  Deputy Mayor Cumming noted that the facility was being used by Dr. Gill.

 

      ii)   Councillor Davis

 

            Councillor Davis discussed matters related to the presentation of the agenda for Council meetings.

 

      iii)  Councillor Eagleson

 

            Councillor Eagleson advised that he had attended at a recent Rotary Club of Tara meeting and reported that the Club intended to build a cedar gazebo at the Rotary Park.  He also discussed ideas with respect to possible housing construction initiatives that might be undertaken by the Rotary Club in concert with the Municipality and other groups/levels of government.

 

            Councillor Eagleson asked about the staff response to an enquiry regarding the proposed construction of a drive shed on a 50 acre parcel of agricultural land in the Geographic Township of Arran.

 

      iv)  Councillor Riley

 

            Councillor Riley discussed certain concerns with respect to processing times for applications for approval by the Saugeen Valley Conservation Authority.

 

      v)   Councillor Herron

 

            Councillor Herron provided a report on his attendance at the Ontario Drinking Water Stewardship Program Open House held in Owen Sound on March 12, 2009.  He noted that the consultants were all present but that there was not a lot of activity from the public at this event.

 

      vi)  Councillor Charlton

 

            Councillor Charlton confirmed that the new staff person hired by Saugeen Country Tourism had been provided with office space and necessary equipment.

 

            Councillor Charlton provided an update with respect to the recent Open House hosted by Grey and Bruce Counties regarding the proposed reconfiguration and reconstruction of the Scone intersection held on March 16, 2009.  He reviewed the various options presented and advised that it appeared that Option 2 was the most preferred option.  He also advised that Brian Knox, the County Engineer, would be prepared to present information to Council upon request.  Council agreed to request such a presentation.

 

      vii) Mayor Oswald

 

            Mayor Oswald reviewed his meeting schedule and events he had attended since the last meeting of Council.  He advised that he would be in attendance at a meeting scheduled later in March at the Durham Legion regarding the payouts to former employees of Durham Furniture Limited.

 

            Mayor Oswald provided information regarding an invitation from Larry Miller, MP to a “Healthy Reception” on April 16 2009 at the Days Inn in Owen Sound and hosted by the Honourable Leona Aglukkaq, Minister of Health.

 

            Mayor Oswald reminded members of Council about the upcoming site visit on April 20th at the Gary MacDonald Farm site as part of the upcoming OMB Hearing process.

 

 

BYLAWS

 

By-law No. 8-09 – A By-law to Amend the Municipal Code – Schedule G – Recreation Facilities – Facilities Use Contract and Facilities Use Rates, and to Repeal By-law No. 5‑09

 

            Moved by:        Councillor Charlton

            Seconded by:   Councillor Herron

 

            That By-law No. 8-09 be taken as read a first and second time.

 

                                                                                    Carried

 

            Moved by:        Councillor Charlton

            Seconded by:   Councillor Herron

 

            That By-law No. 8-09 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

 

By-law No. 9-09 – A By-law to Authorize the Execution of Fire Dispatch Agreements

 

            Moved by:        Councillor Charlton

            Seconded by:   Councillor Herron

 

            That By-law No. 9-09 be taken as read a first and second time.

 

                                                                                    Carried

 

            Moved by:        Councillor Charlton

            Seconded by:   Councillor Herron

 

            That By-law No. 9-09 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

 

 

By-law No. 10-09 – A By-law to Authorize the Execution of an Agreement with Allen-Hastings Limited

 

            Moved by:        Councillor Eagleson

            Seconded by:   Councillor Davis

 

            That By-law No. 10-09 be taken as read a first and second time.

 

                                                                                    Carried

 

            Moved by:        Councillor Eagleson

            Seconded by:   Councillor Davis

 

            That By-law No. 10-09 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

 

 

A recess was held at this time (2:30 p.m. to 2:45 p.m.).

 

 

OTHER BUSINESS

 

Observance of Earth Hour 2009

 

            Moved by:        Deputy Mayor Cumming

            Seconded by:   Councillor Charlton

 

            That the Council of the Municipality of Arran-Elderslie urge its residents to observe Earth Hour on Saturday, March 28, 2009 from 8:30 p.m. to 9:30 p.m.

 

                                                                                    Carried

 

 

MOTION TO MOVE INTO CLOSED SESSION AND GENERAL NATURE THEREOF:

 

            Moved by:        Councillor Charlton

            Seconded by:   Deputy Mayor Cumming

 

            That Council move into closed session to consider matters related to the security of the property of the municipality or local board and personal matters about an identifiable individual, including municipal or local board employees.

 

                                                                                    Carried

 

Council moved into closed session and returned to open session (2:47 p.m. to 3:50 p.m.).

 

 

STAFF REPORTS (CONTINUED)

 

Councillor Herron assumed the Chair at this time (3:50 p.m.) for the Finance report.

 

9.1       TREASURER – J. Marklevitz (continued)

 

            J. Marklevitz, Treasurer, provided further updated information with respect to available investment bank rates.  She also provided the most recent Bruce County budget and tax rate information and the impact it would have on the overall costs to ratepayers in the Municipality.

 

Mayor Oswald assumed the Chair at this time (4:00 p.m.)

 

ADOPTION OF RECOMMENDATION ARISING FROM CLOSED SESSION

 

            Moved by:        Councillor Herron

            Seconded by:   Councillor Charlton

 

            That Council instruct the Chief Administrative Officer to execute the Engagement Agreement with KPMG Forensic Inc. for the purpose of reviewing certain allegations regarding the Chief Building Official of the Municipality of Arran-Elderslie.

 

                                                                                    Carried

 

 

ADJOURNMENT

 

            Moved by:        Councillor Charlton

            Seconded by:   Councillor Herron

 

            That Council now adjourn to the call of the Mayor.

 

                                                                                                Carried

 

 

The meeting was adjourned at 4:17 p.m.

 

 

 

______________________________

Mayor

 

 

 

______________________________

Clerk