MUNICIPALITY OF ARRAN-ELDERSLIE

Council Meeting - C#15-09

Monday, June 22, 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, June 22, 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

C. McKinnon, Deputy Clerk-Treasurer

ADOPTION OF AGENDA

Moved by: Councillor Charlton

Seconded by: Deputy Mayor Cumming

That the agenda be adopted as distributed by the Clerk.

Carried

MINUTES OF PREVIOUS MEETING

Council Meeting C#14-09 – June 8, 2009

Moved by: Councillor Charlton

Seconded by: Deputy Mayor Cumming

That the minutes of Council meeting C#14-09 held June 8, 2009 be adopted.

Carried

BUSINESS ARISING FROM THE MINUTES

There was no business arising from the minutes.

Councillor Davis assumed the Chair at this time (9:04 a.m.) for the Water and Sewer related matters.

DELEGATIONS

Rakesh Sharma, of the firm Genivar Consultants LP, the Municipality’s engineers, provided an update with respect to the status of work on the Tara Standpipe project. He confirmed his recommendation that a 48’ wide by 119’ high standpipe be constructed, with the potential to increase its height in the future. He discussed the proposed site plan that had been submitted for the Certificate of Approval, and confirmed that the soil test results for the proposed site had been positive. Discussion took place with respect to next steps including confirmation of the costs and calculation of the proposed capital charge for water system users, to be followed by a meeting with the citizens’ committee to review these matters. He confirmed that the Municipality’s grant submission had undertaken to have at least 64% of the funds spent by March 31, 2010. Council provided verbal direction to proceed to issue the tender documents for this project.

Mr. Sharma then discussed the Tara Water Distribution System pressure issues and reviewed the locations of undersized watermains, including those deemed to be priority for replacement in order to meet the required fire flows in the area. He recommended that a priority list be identified and that watermains on that list be replaced on an ongoing annual basis.

Mr. Sharma provided information with respect to the Ross Street Watermain project that had received CAF funding, and identified which work could be done in 2009 and in 2010. He confirmed that the application for the Certificate of Approval had already been submitted. He undertook to check with local contractors to determine how busy they were at this time.

The Chesley Main Street reconstruction project and the sewer re-lining project for which the Municipality had received funding in 2008 was discussed. Concerns related to whether or not the “Big Dig” would be going ahead and whether or not to undertake sewer re-lining on those streets now were identified. In addition, it was noted that the budget did not currently include funding for the sewer re-lining project. The Treasurer advised that she would provide an amendment to the budget to allow the project to proceed. Council provided verbal direction to proceed to issue the tender documents for the sewer rehabilitation project in Chesley as soon as possible.

Mayor Oswald assumed the Chair at this time (9:58 a.m.).

A recess was held (9:59 a.m. – 10:10 a.m.).

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 at this time.

MOTION TO MOVE INTO CLOSED SESSION AND GENERAL NATURE THEREOF:

Moved by: Councillor Davis

Seconded by: Councillor Eagleson

That Council move into closed session to consider personal matters about an identifiable individual, including municipal or local board employees, and matters related to 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 (10:11 a.m. – 11:49 a.m.).

A recess was held at this time (11:50 a.m. – 1:00 p.m.)

PUBLIC HEARING

Councillor Eagleson assumed the Chair at this time (1:00 p.m.) for the Planning report.

5.1 Arran-Elderslie Comprehensive Zoning By-law and related Official Plan Amendment

Files: AE OPA 2, Z-31-2009.49

W. Hollo, Deputy Director of Planning and Economic Development, County of Bruce, provided an overview of the proposed amendments to the Arran-Elderslie Official Plan which were required to permit certain amendments in the proposed comprehensive zoning by-law for the Municipality.

He then provided an overview of the proposed comprehensive zoning by-law, noting that changes requested by the commenting agencies had been incorporated where possible, and as previously discussed with Council. He confirmed that the proposed zoning by-law maintained the status quo in the rural areas of the Municipality, including all of the previously approved site-specific exceptions.

Mr. Hollo reviewed the comments received at the public open house held earlier in the day, noting which proposed changes to the draft would be supported by the Planning Department. He recommended that Council direct the Planning Staff to incorporate those specific changes to the draft and that it then be forwarded to Council for adoption. He then reviewed the timelines for final approval of the Official Plan Amendment and Zoning By-law including the public notice and appeal periods. He also advised that, given the comprehensive by-law was a combination of five former municipalities’ by-laws, there might be certain anomalies that arose and that after one year, the Planning Department would recommend a ‘housekeeping’ amendment to address those matters.

Mr. Gary Harron addressed Council with respect to the proposed zoning for the lands on which the Paisley Veterinary Clinic was located, requesting that the use be recognized for that location within the C-3 zoning on a site-specific basis, in order to permit the expansion of the clinic in the future. Council agreed to this request.

Mr. Harron then requested certain amendments to the proposed zoning for certain lands he owned in Elsinore to permit the development of a subdivision. Mr. Hollo advised that there would need to be an amendment to the County of Bruce Official Plan before such a zoning change could be contemplated.

Mr. Dave Spencer, speaking on behalf of Robert Jackson, owner of lands known as 1929 Bruce Road 10, requested that the BP-1 zoning on the lands include site specific exemptions to permit certain convenience retail uses such as were presently permitted in the existing C-3 zoning, specifically to permit a convenience retail store at the location. Council agreed to this request.

Mr. Spencer, speaking on behalf of himself and Mr. Peter Knipfel, joint-owners of 1963 Bruce County Road 10, requested that the proposed BP-1 zone include site-specific provisions to permit retail uses on the lands. Mr. Hollo advised that the Staff recommendation was that blanket permission for retail uses on those lands not be granted at this time, noting that should a specific retail use be contemplated at a future date, application for a site specific zoning by-law amendment could be made at that time.

Moved by: Councillor Eagleson

Seconded by: Councillor Riley

a) That Council receive the report from W. Hollo, Deputy Director of Planning, with respect to the Arran-Elderslie Comprehensive Zoning By-law and related Official Plan Amendment;

b) That Council direct that the final versions of both Official Plan Amendment No. 2 and the Arran-Elderslie Comprehensive Zoning By-law be brought forward to a special meeting of Council on June 29, 2009 for adoption;

c) That the final versions of both Official Plan Amendment No. 2 and the Arran-Elderslie Comprehensive Zoning By-law be amended as directed by Council at this meeting.

Carried

Mayor Oswald assumed the Chair at this time (2:15 p.m.)

CORRESPONDENCE

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

8.1.1 Grey Bruce Regional Economic Development Partnership – notice of inaugural meeting and request for appointment of member to the Advisory Committee

Moved by: Deputy Mayor Cumming

Seconded by: Councillor Riley

a) That the Notice of the inaugural meeting of the Grey Bruce Regional Economic Development Partnership be received;

b) That Council appoint Stacy Charlton as the representative for the Municipality of Arran-Elderslie to the Partnership.

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 County of Bruce – Highway’s Executive Summary dated June 11 – 2009

8.2.2 Bruce County Planning

i) Notice of Passing of Zoning By-law No. 26-09 – File No. Z-92-2008.51 – Healy

ii) Notice of Passing of Zoning By-law No. 27-09 – File No. Z-98-2008.51 - Christie

Carried

STAFF REPORTS

Councillor Herron assumed the chair at this time (2:19 p.m.) for the Finance reports.

9.1 TREASURER – J. Marklevitz

i) Accounts Payable Voucher

J. Marklevitz, Treasurer, responded to questions with respect to various items listed on the Accounts Payable Voucher #12-09 dated June 17, 2009.

Moved by: Councillor Herron

Seconded by: Councillor Riley

That Accounts Payable Voucher #12-09 in the amount of $328,436.07 be paid.

Carried

ii) Summary of Applications for 2009 Community Adjustment Fund Grants

Moved by: Councillor Herron

Seconded by: Councillor Charlton

That the Summary of Applications for the 2009 Community Adjustment Fund Grants be received.

Carried

9.2 CHIEF ADMINISTRATIVE OFFICER – A.P. Crawford

i) SRCAO.09.31 – Tile Loan Rating By-law

Moved by: Councillor Herron

Seconded by: Councillor Riley

That SRCAO.09.31 be received and that proposed By-law No. 33-09 be enacted.

Carried

Mayor Oswald assumed the chair at this time (2:30 p.m.).

REPORTS OF MEMBERS OF COUNCIL

i) Deputy Mayor Cumming

Deputy Mayor Cumming advised that the Physician Recruitment Committee had been made aware of interest of a new doctor to relocate to the Brockton and Area Family Health Team, and that he also had expressed interest in practising part time in Paisley at the Medical Clinic.

ii) Councillor Eagleson

Councillor Eagleson reported on a meeting he had attended with staff and Councillor Herron at the Silver Star site in Allenford. He also advised that BASWRA would meet later in the week.

iii) Councillor Riley

Councillor Riley expressed his appreciation for the flower boxes that had been planted in Paisley by the community.

iv) Councillor Herron

Councillor Herron advised that he had attended at one Grey Sauble Conservation Authority meeting. He reported that the Drinking Water Source Protection Committee now had an approved terms of reference.

Councillor Herron provided further information with respect to the meeting at the Silver Star property in Allenford with the engineer, noting that the test results had been ‘favourable’. He provided information with respect to a process that might be used to remediate the site faster than the current process.

Councillor Herron also provided information with respect to a meeting with Staff and the abutting landowner at the Arran landfill site and confirmed that negotiations were ongoing with respect to possible acquisition of additional lands at that site.

v) Councillor Charlton

Councillor Charlton advised that he had met with the Works Manager with respect to the County’s proposal to narrow the travelled portion of Main Street in Chesley from 4^th Street to 7^th Street at the time it was resurfaced, and that he had conveyed the Municipality’s objection to this concept.

Councillor Charlton also provided information with respect to a meeting held with the Mayor, Staff and representatives of W.R.O.C. who intended to open a soup kitchen and drop in centre on Main Street in Chesley. He confirmed that the proponents had been referred to the Planning Department for information regarding the current zoning at the site.

vii) Mayor Oswald

Mayor Oswald reviewed his meeting schedule and events he had attended since the last meeting of Council.

Mayor Oswald provided an update with respect to a meeting of the Mayors of the participating municipalities in the Grey Bruce Huron Disability Transportation Corporation and the concerns identified with respect to service delivery and cost overruns. He advised that a further meeting would be held on June 23^rd, and that he and the CAO would be in attendance on behalf of Arran-Elderslie. He requested Council’s support with respect to proposed actions to re-define the Board of Directors of the Corporation and the service provider to move forward with the needed service.

OTHER BUSINESS

Grey Bruce Huron Disability Transportation Corporation – Funding Issues

Moved by: Deputy Mayor Cumming

Seconded by: Councillor Charlton

That the Council of the Municipality of Arran-Elderslie confirms that it will not make any further financial contribution to the Grey Bruce Huron Disability Transportation Corporation for 2009 over and above the $14,500 set out in the 2009 budget and which has already been paid to the Corporation.

Carried

Notice of Special Council Meeting

Moved by: Councillor Charlton

Seconded by: Councillor Herron

That Council hold a special meeting on Monday, June 29, 2009 at 9:00 a.m. for the purpose of considering Arran-Elderslie Official Plan Amendment No. 2 and the Comprehensive Zoning By-law for the Municipality of Arran-Elderslie.

Carried

BY-LAWS

By-law No. 31-09 – A By-law to Adopt Official Plan Amendment No. 1 to the Municipality of Arran-Elderslie Official Plan re: 20 Second Ave S/W, Plan 149 Pt Park Lt O 1^st Ave W/S (Chesley)

Moved by: Councillor Charlton

Seconded by: Councillor Herron

That By-law No. 31-09 be taken as read a first and second time.

Carried

Moved by: Councillor Charlton

Seconded by: Councillor Herron

That By-law No. 31-09 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. 32-09– A By-law to amend Schedule A of By-law No. 28-82, as amended (Being the Comprehensive Zoning By-law of the Former Town of Chesley) re: 20 Second Ave S/W, Plan 149 Pt Park Lt ) 1^st Ave W/S (Chesley)

Moved by: Councillor Riley

Seconded by: Councillor Charlton

That By-law No. 32-09 be taken as read a first and second time.

Carried

Moved by: Councillor Riley

Seconded by: Councillor Charlton

That By-law No. 32-09 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. 33-09 – A By-law to Impose Rates in Respect of Money Borrowed under the Tile Drainage Act

Moved by: Councillor Riley

Seconded by: Deputy Mayor Cumming

That By-law No. 33-09 be taken as read a first and second time.

Carried

Moved by: Councillor Riley

Seconded by: Deputy Mayor Cumming

That By-law No. 33-09 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. 34-09 – A By-law to Appoint a Building Official

Moved by: Councillor Charlton

Seconded by: Councillor Herron

That By-law No. 34-09 be taken as read a first and second time.

Carried

Moved by: Councillor Charlton

Seconded by: Councillor Herron

That By-law No 34-09 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 Herron

Seconded by: Councillor Charlton

That Council now adjourn to the call of the Mayor.

Carried

The meeting was adjourned at 3:19 p.m.

______________________________

Mayor

______________________________

Clerk