MUNICIPALITY OF ARRAN-ELDERSLIE
Council
Meeting - C#08-09
Tuesday, April 14, 2009
9:00 a.m.
Council Chambers
Municipal Administration Offices
His Worship
Mayor Ron Oswald
MINUTES
A meeting of the Council of the Municipality of
Arran-Elderslie was held on Tuesday, April 14, 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
C. Johnston, Chief Building Official
ADOPTION
OF AGENDA
Moved
by: Councillor Charlton
Seconded
by: Deputy Mayor Cumming
That
the agenda be adopted as distributed by the Clerk.
Carried
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.
MINUTES
OF PREVIOUS MEETING
Council
Meeting C#07-09 – March 23 2009
Moved
by: Deputy Mayor Cumming
Seconded
by: Councillor Davis
That the minutes of Council meeting
C#07-09 held March 23, 2009 be adopted.
Carried
BUSINESS
ARISING FROM THE MINUTES
There was no business arising from the minutes.
DELEGATION
7.1 Mr. J. Ramirez, speaking on behalf of
Maria and Marcello Perri, owners of 418 Queen Street North, Paisley, provided a
copy of the decision of the Land Division Committee for the County of Bruce
dated September 22, 1998 and confirmation dated September 17, 1999 from the
Municipality of Arran-Elderslie that all of the municipal conditions had been
met with respect to the decision. He
requested that Council rescind the invoice for the installation of water
service to the property in 2003, in light of the previous confirmation that all
conditions had been met.
Moved by: Councillor Riley
Seconded by: Deputy Mayor Cumming
That Council rescind the charge of
$2,399.95 for the installation of water service to 418 Queen Street North,
Paisley, Roll Number 41-03-410-002-06700-0000 and all associated penalty and
interest with respect to this charge, and that these charges be stricken from
the tax roll.
Carried
STAFF
REPORTS
Councillor Herron assumed the Chair at this time
(9:20 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 #07-09 dated April 7, 2009.
Moved
by: Councillor Herron
Seconded
by: Deputy Mayor Cumming
That
Accounts Payable Voucher #07-09 in the amount of $380,515.87 be paid.
Carried
Mayor Oswald assumed the Chair at this time
(9:45 a.m.)
CORRESPONDENCE
The following items of correspondence on the
Council Agenda were discussed:
8.1.1 Municipality of South Bruce – request for
support of resolution with respect to Provincial funding for
Moved
by: Councillor Herron
Seconded
by: Councillor Riley
That the resolution from the
Carried
8.1.2 Town
of
Moved by: Councillor
Davis
Seconded by: Councillor Riley
That resolution from the Town of
Carried
8.1.3 Canadian
Blood Services – Media Release regarding upcoming Blood Donor Clinic to be held
at Chesley Community Centre on April 24, 2009
Moved by: Councillor Charlton
Seconded by: Councillor Riley
a) That the Media Release from Canadian
Blood Services regarding the upcoming Blood Donor Clinic to be held at Chesley
Community Centre on April 24, 2009 be received;
b) That Council encourage members of the
community to participate in this Blood Donor Clinic.
Carried
8.1.4 Michael
Chan, Minister of Citizenship and Immigration – requesting nomination of a
young person in the municipality who has contributed to the elimination of
racial discrimination
Moved by: Councillor Charlton
Seconded by: Councillor Riley
That the correspondence from Michael
Chan, Minister of Citizenship and Immigration requesting nomination of a young
person in the municipality who has contributed to the elimination of racial
discrimination be received and referred to Staff.
Carried
8.1.5 Chesley
Grocery Store – request for endorsement of program to reduce the number of
plastic shopping bags and raise funds for the Chesley Medical Clinic
Moved by: Councillor Charlton
Seconded by: Councillor Eagleson
That Council endorse the Chesley
Grocery Store’s proposed program to reduce the use of plastic grocery bags by
encouraging the use of cloth/reusable shopping bags and its plan to donate
three cents per bag to the Building Fund for the Chesley Medical Clinic
expansion.
Carried
Moved by: Councillor
Eagleson
Seconded by: Deputy Mayor Cumming
That the
following items of correspondence on the Council Agenda be received for
information purposes:
8.2.1 Bruce, Grey and Huron Disability
Transportation Corporation – minutes of Board of Directors’ meetings held
September 25, 2008, October 23, 2008, December 11, 2008, January 13, 2009, and
January 22, 2009
8.2.2
8.2.3 Town of
8.2.4
8.2.5 Grey Bruce Public Health Unit – 2008 Year-End Outcome Report
8.2.6 Minister of Municipal Affairs and Housing –
announcement of money made available for social and affordable housing in 2009 budget
8.2.7
Ministry of Natural Resources and Ministry of
the Environment – Memorandum regarding Implementation of the
8.2.8
Bruce Area Solid Waste Recycling – Audited
Financial Statements for the year ended 31 December 2008
8.2.9
Saugeen Conservation Authority – 2008 Annual
Report and Audited Financial Statements for the year ended December 31, 2008
8.2.10 Municipal
Property Assessment Corporation – Information regarding the property
severance/consolidation process
8.2.11 Grey Sauble
Conservation Authority – minutes of meeting held March 11, 2009
8.2.12 Drinking
Water Source Protection Committee – minutes of meeting held February 27, 2009
8.2.13 Town of
8.2.14 Federation of
Canadian Municipalities – correspondence dated April 3, 2009 from Jean
Perrault, FCM President and John Baird, Minister of Transport, Infrastructure
and Communities regarding an update on Federal Infrastructure Funding
8.2.15
i) Request
for Comments – Application for Consent to Sever Land – R & C Posthumus – 31
and 53 Concession 8E, Lot 27 and Pt. Lot 20, Conc. 8 (Arran)
ii) Notice
of No Appeal – W. Kent Milroy Ltd., C/O George Gruetzner – 216 Queen St. S.;
Lot 17 Queen S W/S (Paisley)
iii) Correspondence
with residents:
a) Holly
Whitley –
b) Darcy
Healy –
c) Randall
and Cynthia Posthumus – 31 and 53 Concession 8E, Lot 27 and Pt. Lot 20, Conc. 8
(
d) Suzanne
Maxwell – 3 Mill Crescent – Plan 75, Lot 1, Mill N. Lot 1 to 2 Queen W
(Elderslie)
Carried
DELEGATIONS
(CONTINUED)
Councillor Eagleson assumed the Chair at this
time (10:00 a.m.) for the Planning Department delegation.
7.2 Bill Hollo, Deputy Director, Planning and
Economic Development,
A recess was held at this time (10:38 a.m. –
10:50 a.m.).
Bill Hollo provided a brief
presentation on the site plan approval process under Section 41 of the Planning
Act and the benefits to the municipality to use such a process. He provided examples of results of using this
process in other municipalities. He
noted that Council could delegate site plan approval to a staff committee,
including representation from other authorities, which would provide for
broader review of proposed developments.
Mayor Oswald assumed the Chair at this time
(11:10 a.m.).
7.3 Brian Knox,
Mr. Knox then reviewed the proposals
for the realignment of the Scone Intersection that had been presented at an
open house in March. He noted that the
options had been created by the
Mr. Knox provided information about
new road resurfacing treatments that the County had started to use on some of
its roads and discussion took place with respect to the merits of each.
A recess was held at this time (12:10 p.m. –
1:03 p.m.).
STAFF
REPORTS (CONTINUED)
9.4 CHIEF BUILDING OFFICIAL – C. Johnston
C. Johnston, Chief Building
Official, reviewed his report included with the Council agenda. He noted that there had been a total of 24
building permits issued as of april 3, 2009 with a total construction value of
$2,157,542.50. He discussed the ongoing
delays with respect to obtaining required information from the Saugeen Valley
Conservation Authority, and the impact that it had on the issue of building
permits for properties located within that watershed.
Deputy Mayor Cumming assumed the Chair at this
time (1:27 p.m.) for the Recreation Reports.
9.2
RECREATION PROGRAMMER – K. Eke
i) SRREC.09.05 – Amendment to Municipal Code
– Schedule G – Recreation and Cultural Services (Licence Facilities: Concession Booth Licence)
K. Eke, Recreation Programmer, provided an overview of SRREC.09.05 with
respect to the proposed renewal of the concession booth licence for the
Arran-Tara concession booth.
Moved by: Deputy Mayor Cumming
Seconded by: Councillor Charlton
That Council receive SRREC.09.05
with respect to amendments to the Municipal Code Schedule G – Recreation and
Cultural Services (Licence Facilities:
Concession Booth Licence) and enact proposed By-law No. 13-09 as set out
in this report.
Carried
ii) SRREC.09.06
– Items to be discussed
K. Eke reviewed the
status of the recruitment for a
K. Eke provided
additional information with respect to the request by Grey Bruce Public
Health’s PLAY group for use of the arena floor during the Biermans Classic on
May 3, 2009. She advised that it had
been agreed that an area of the parking lot would be used instead as there
would not be sufficient staff at the facility to supervise the multiple spaces
to be used for the event.
9.3
FACILITIES FOREMAN – B. McAllister
i) SRFAC.09.03 – Items to be discussed
K. Eke, Recreation Programmer,
reviewed the information contained in SRFAC.09.03 in the absence of the
Facilities Foreman.
Mayor Oswald Assumed the Chair at this time
(1:50 p.m.).
9.7 CHIEF ADMINISTRATIVE OFFICER – A.P.
Crawford
i) SRCAO.09.08
–
Moved
by: Councillor Herron
Seconded
by: Councillor Riley
a) That Council authorize the Mayor and
Clerk to execute the Ontario Small Waterworks Assistance Program – Part 2
(OSWAP-2) agreement with the
b) That
the necessary by-law be enacted.
Carried
ii) SRCAO.09.09
– Letter of Agreement – Activation of Tiered Response/Modified Tiered/First
Response
Moved
by: Councillor Davis
Seconded
by: Deputy Mayor Cumming
a) That the Mayor and Clerk be authorized
to execute the Letter of Agreement with Bruce County EMS for the activation of
Tiered Response/Modified Tiered/First Response by the Chesley and Area, Paisley
and District and Tara-Arran Fire Departments;
b) That
the necessary By-law be enacted.
Carried
iii) Declaration
of Surplus Lands for
Moved
by: Deputy Mayor Cumming
Seconded
by: Councillor Davis
a) That Council declare the unopened Duke
Street Road Allowance north of
b) That Council offer the subject parcel
of land to 1567202 Ontario Inc. being an abutting landowner, for a price of
$7,000 based on an Opinion of Value provided by Brian MacKinnon of Coldwell
Banker Saugeen Real Estate;
c) That the purchaser be responsible for
all legal and other costs associated with the purchase of this land;
d) That Staff be directed to post a notice
on the Municipality’s website for a period of two weeks to provide notice to
the public of the proposed sale.
Carried
Councillor Davis assumed the Chair at this time
(10:55 a.m.) for the Works Department reports.
9.5 WORKS MANAGER – V. Weppler
i) Works
Department Report
V. Weppler, Works Manager, reviewed
his report included with the Agenda, highlighting the need for work on the
ceiling in the Elderslie shop building.
Discussion took place regarding various options for repair. He then addressed the information from Gamsby
and Mannerow concerning the Environmental Impact study for the Arran Landfill
site and the Conclusions and Recommendations arising from the 2009 Annual
Report for the Chesley Landfill prepared by Genivar Consultants.
ii) SRW.09.06 – Tenders (Gravel and single
surface treatment)
Moved
by: Councillor Davis
Seconded
by: Councillor Herron
a) That Council accept the tender of
Harold Sutherland Construction to supply and apply crushed gravel at the amount
of $6.14 per tonne;
b) That Council accept the tender of MSO
Construction to supply and apply H.F. MS2 binder at $096 per litre and Class 1
Aggregate at $26.00 per tonne.
Carried
iv) SRW.09.07 – Tender Approval – Paisley
Water Tower
Moved
by: Councillor Riley
Seconded
by: Councillor Herron
a) That the bid which meets the terms and
conditions of the tender for the painting of the tower Contract No. 108032C, be
awarded to MacDonald Applicators Ltd. at a price of $332,388.00, 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 Paisley Water Reserves Account No. 0100002137.
Carried
9.6 WATER AND SEWER FOREMAN – S. McLeod
i) SRW.09.03 – 2008 Water/Wastewater
Annual Reports
Moved
by: Councillor Davis
Seconded
by: Councillor Eagleson
That Council adopt the 2009 Annual
Water and Wastewater Reports as set out in SRW.09.03.
Carried
ii) SRW.09.04
– Agreement between Municipality of Arran-Elderslie and Grey Bruce Telecom
Moved
by: Councillor Davis
Seconded
by: Councillor Eagleson
a) That Council authorize the Mayor and
Clerk to execute the Agreement between Grey Bruce Telecom Inc. and the
Municipality of Arran-Elderslie pending approval from the Municipal Solicitor,
as attached to SRW.09.04;
b) That
the necessary by-law be enacted.
Carried
iii) SRWA.09.01 – Items to be discussed
S. McLeod reviewed his list of items
to be discussed attached to the agenda and highlighted the work on the Drinking
Water Quality Management System. He
discussed the need for a Quality Management System Representative to be
appointed and highlighted the duties of the appointee.
Moved
by: Councillor Eagleson
Seconded
by: Councillor Davis
That Scott McLeod (Water and Sewer
Foreman) be appointed as the Quality Management System Representative under the
Drinking Water Quality Management System (DWQMS) who, irrespective of other responsibilities
shall:
i) administer the Quality management
System by ensuring that processes and procedures needed for the Quality
Management System (QMS) are established and maintained;
ii) report to Top Management on the
performance of the QMS and any need for improvement;
iii) ensure that current versions of
documents required by the QMS are being used at all times;
iv) ensure that personnel are aware of all
applicable legislative and regulatory requirements that pertain to their duties
for the operation of the subject system; and
v) promote awareness of the QMS throughout
the Operating Authority.
Carried
9.4 CHIEF ADMINISTRATIVE OFFICER (CONTINUED)
– A.P. Crawford
i) SRCAO.09.12
– Update on Disposition of Surplus Lands on
Moved by: Councillor Charlton
Seconded by: Councillor Davis
a) That the Mayor and Clerk be authorized
to execute the listing agreements and any other documents required for the
disposition of surplus lands on
b) That
the necessary by-law be enacted.
Carried
Mayor Oswald assumed the Chair at this time
(3:15 p.m.).
REPORTS OF MEMBERS OF COUNCIL
i) Councillor Charlton
Councillor
Charlton provided highlights of a meeting he had attended in
Councillor
Charlton provided an update with respect to the request for seed money for the
Allenford Homecoming in 2010.
Moved
by: Councillor Charlton
Seconded
by: Councillor Herron
That
Council provide seed money in the amount of $2,500.00 in 2009 and $2,500.00 in
2010 to the Allenford 2010 Homecoming Committee.
Carried
ii) Councillor Herron
Councillor Herron provided an update with
respect to the status of the Drinking Water Source Protection Authorities’
proposed Terms of Reference and advised that they had not been accepted by the
Ministry of Natural Resources. He
confirmed that the issue related to the insistence on fair compensation for
landowners affected by the impacts of the Clean
Water Act.
Councillor Herron took issue with
respect to the issuance of tax arrears notices to individuals who had paid
their last instalment of taxes on-line before the due date but whose payments
had not been received by the Municipality until after the due date due to bank
processing times. The Treasurer was
instructed to contact other
Councillor Herron presented Council
with a framed photograph of the first grader owned by
iii) Councillor Riley
Councillor Riley advised that he had no
additional matters to discuss that had not already been covered on the agenda.
iv) Councillor Eagleson
Councillor Eagleson discussed concerns with
respect to heavy trucks being parked on municipal roads in
Councillor Eagleson provided an
update with respect to new equipment purchased by Bruce Area Solid Waste
Recycling to separate aluminium and other metals from the recyclables,
resulting in better product for market.
v) Councillor Davis
Councillor Davis advised that he had no
additional matters to discuss that had not already been covered on the agenda.
vi) Deputy Mayor Cumming
Deputy Mayor Cumming provided an update with
respect to the Bruce Grey Huron Disability Transportation Corporation’s current
status and meetings that had been held with various authorities including the
LHIN. It was confirmed to Council that
the Mayor had written to Carol Mitchell, MPP as a result of a meeting held two
weeks ago in support of amending the gas tax formula to permit some of those
funds to be used for operating costs.
Deputy Mayor Cumming requested that
Staff look into revaluing and re-listing for sale the
vii) Mayor Oswald
Mayor Oswald reviewed his meeting schedule and events
he had attended since the last meeting of Council.
Mayor Oswald led a discussion of
Council with respect to a review of the first quarter of 2009. Council agreed that the “Business Pending”
list incorporated with the agenda only needed to be provided to Council on a
quarterly/semi-annual basis.
OTHER BUSINESS
Budget Committee of the Whole
Meeting
Council agreed to hold
a Budget Committee of the Whole meeting at 9:00 a.m. on Monday, April 20, 2009.
MOTION
TO MOVE INTO CLOSED SESSION AND GENERAL NATURE THEREOF
Moved
by: Councillor Charlton
Seconded
by: Councillor Riley
That Council move into closed
session to consider matters related tothe security of the property of the
municipality or local board; personal matters about an identifiable individual,
including municipal or local board employees; and litigation or potential
litigation, including matters before administrative tribunals, affecting the
municipality or local board.
Carried
Council moved into closed session and returned
to open session (4:12 p.m. to 4:42 p.m.).
ADOPTION
OF RECOMMENDATIONS ARISING FROM CLOSED SESSION
Works
Foreperson
Moved
by: Councillor Davis
Seconded
by: Councillor Herron
a) That Brian McDougald be hired as Works
Foreperson; that his start date for this position be July 31, 2009; and that
the trial period and rate of pay be as set out in the union contract;
b) That Staff be directed to advertise for
a heavy equipment operator to fill the position left vacant by the promotion of
Brian McDougald.
Carried
Investigation
of Concerns – Building Department
Moved
by: Councillor Charlton
Seconded
by: Deputy Mayor Cumming
That Tunnock
Consulting Ltd. is hereby contracted to provide professional consulting
services at a billing rate of $800.00 per day plus GST and expenses at cost,
and that the cost of professional fees shall not exceed $5,000.00 plus GST and
expenses without the prior approval of Council or its delegate.
Carried
Moved by: Councillor Riley
Seconded by: Councillor Charlton
That Tunnock
Consulting Ltd. is hereby authorized to undertake a review of a select number
of building permits issued by the Municipality of Arran-Elderslie for the
period 2006, 2007 and 2008 for the purposes of determining compliance with the
legislative authority of the Building
Code Act and shall provide a report to Council on the findings, including
where applicable, recommendations.
Carried
BY-LAWS
By-law No. 16-09 – A By-law
to Appoint a Building Official
Moved
by: Councillor Herron
Seconded
by: Councillor Eagleson
That
By-law No. 16-09 be taken as read a first and second time.
Carried
Moved
by: Councillor Herron
Seconded
by: Councillor Eagleson
That By-law No. 16-09
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. 11-09 – A By-law
to Authorize the Execution of an Agreement with Her Majesty the Queen in Right
of Ontario as represented by the Minister of Agriculture, Food and Rural
Affairs (OSWAP-2)
Moved
by: Councillor Riley
Seconded
by: Councillor Herron
That
By-law No. 11-09 be taken as read a first and second time.
Carried
Moved
by: Councillor Riley
Seconded
by: Councillor Herron
That By-law No. 11-09
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. 12-09 – A By-law
to Authorize the Execution of an Agreement with Grey Bruce Telecom
Moved
by: Councillor Eagleson
Seconded
by: Councillor Davis
That
By-law No. 12-09 be taken as read a first and second time.
Carried
Moved
by: Councillor Eagleson
Seconded
by: Councillor Davis
That By-law No. 12-09
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. 13-09 – A By-law
to Amend the Municipal Code – Schedule G – Recreation and Cultural Services –
Licence Facilities: Concession Booth
Licence
Moved
by: Councillor Herron
Seconded
by: Councillor Eagleson
That
By-law No. 13-09 be taken as read a first and second time.
Carried
Moved
by: Councillor Herron
Seconded
by: Councillor Eagleson
That By-law No. 13-09
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. 14-09 – A By-law
to Authorize the Execution of Various Agreements with respect to the
Disposition of Certain Lands on Northview Crescent, Chesley
Moved
by: Councillor Charlton
Seconded
by: Councillor Davis
That
By-law No. 14-09 be taken as read a first and second time.
Carried
Moved
by: Councillor Charlton
Seconded
by: Councillor Davis
That By-law No. 14-09
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. 15-09 – A By-law
to Authorize the Execution of an Agreement with MacDonald Applicators Ltd.
Moved
by: Councillor Riley
Seconded
by: Councillor Herron
That
By-law No. 15-09 be taken as read a first and second time.
Carried
Moved
by: Councillor Riley
Seconded
by: Councillor Herron
That By-law No. 15-09
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 Eagleson
Seconded
by: Councillor Davis
That
Council now adjourn to the call of the Mayor.
Carried
The meeting was adjourned at 4:59 p.m.
______________________________
Mayor
______________________________
Clerk