MUNICIPALITY OF ARRAN-ELDERSLIE

 

           

Council Meeting - C#22-09

 

Monday, September 14, 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, September 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

V. Weppler, Works Manager

S. McLeod, Water and Sewer Foreman

J. Marklevitz, Treasurer

B. McAllister, Facilities Foreman

K. Eke, Recreation Programmer

 

 

ADOPTION OF AGENDA

 

            Moved by:        Deputy Mayor Cumming

            Seconded by:   Councillor Eagleson

 

            That the agenda be adopted as distributed by the Clerk.

 

                                                                                    Carried

 

 

DISCLOSURES OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF

 

Deputy Mayor Cumming disclosed a pecuniary interest under the Municipal Conflict of Interest Act with respect to an invoice from The Sports Bin contained in the voucher, stating that she was the owner of the business.

MINUTES OF PREVIOUS MEETINGS

 

Council Meeting C#18-09 – August 10, 2009

Special Council Meeting C#19-09 – August 17, 2009

Special Council Meeting C#20-09 – August 31, 2009

Special Council Meeting C#21-09 – September 8, 2009

 

            Moved by:        Councillor Eagleson

            Seconded by:   Councillor Davis

 

            That the minutes of Council meeting C#18-09 held August 10, 2009, Special Council meeting C#19-09 held August 17, 2009, Special Council meeting C#20-09 held August 31, 2009 and Special Council meeting C#21-09 held September 8, 2009 be adopted.

 

                                                                                    Carried

 

 

BUSINESS ARISING FROM THE MINUTES

 

There was no business arising from the minutes.

 

 

CORRESPONDENCE

 

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

 

8.1.1    Royal Canadian Legion – Tara Branch – Proclamation of “Legion Week” in Ontario

 

            Moved by:        Deputy Mayor Cumming

            Seconded by:   Councillor Davis

 

            That the week of September 20 – 26, 2009 be proclaimed as “Legion Week” in the Municipality of Arran-Elderslie.

 

                                                                                    Carried

 

8.1.2    CUPE Ontario – Request for Proclamation – “Child Care Worker and Early Childhood Educator Appreciation Day”

 

            Moved by:        Councillor Riley

            Seconded by:   Councillor Davis

 

            That Wednesday, October 21, 2009 be proclaimed as “Child Care Worker and Early Childhood Educator Appreciation Day” in the Municipality of Arran-Elderslie.

 

                                                                                    Carried

 

Moved by:        Councillor Davis

Seconded by:   Councillor Charlton

 

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

 

            8.2.1    Bruce County Genealogical Society – in appreciation for sign at Henderson Cemetery

 

            8.2.2    Haldimand County Disaster Relief Committee – in appreciation for contribution to the Disaster Relief effort

 

            8.2.3    Grey Sauble Conservation Authority – minutes of meeting held June 10, 2009

 

            8.2.4    Bruce, Grey and Huron Disability Transportation Corporation – minutes of meeting held June 30, 2009 and copy of Accounts Receivable Policies and Procedures

 

            8.2.5    Chesley & District Chamber of Commerce – minutes of Executive Meeting held July 21, 2009

 

            8.2.6    Hon. Jim Watson, Minister of Municipal Affairs and Housing – regarding the Provincial-Municipal Fiscal and Service Delivery Review Update

 

            8.2.7    Pat Carson, Secretary, Chesley Heritage and Woodworking Museum – requesting the Municipality to issue tax receipts for donations

 

            8.2.8    William Palmer – providing information with respect to the impact of wind energy towers

 

            8.2.9    The Saugeen Economy – 2009 2nd Quarter Update

 

            8.2.10  Town of South Bruce Peninsula – notice of Open House and Public Meeting regarding a Comprehensive Zoning By-law for the Town of South Bruce Peninsula

 

            8.2.11  Province of Ontario, AMCTO and AMO – information regarding the second celebration of Local Government Week, October 18 – 24, 2009

 

            8.2.12  Bruce County Planning

                        i)          Notice of Decision of the Approval Authority regarding AEOPA#3 (Tara)

                        ii)         Notice of No Appeal – Darcy Healy – 97 Brook St; Pt Park Lot J & K, and Pt Park Lot 5 Brook S/S Plan 29 (Tara)

                        iii)         Notice of No Appeal/Declaration – AEOPA#1 – 149 Park Pt Lot O 1st6 Ave W/S subj to easement (Chesley) - Beitz

                        iv)        Correspondence with residents:

                                    a)         Nathan Rhody – 65 4th St. SW; Plan 132 Pt Lots 133 and 134 (Chesley)

                                    b)         Phil Eagleson – Con 13 N Pt Lots 1 & 2 (Arran)

 

                                                                                    Carried

 

 

STAFF REPORTS

 

9.6       CHIEF ADMINISTRATIVE OFFICER – A.P. Crawford

 

ii)         SRCAO.09.47 – Tile Loan Rating By-law

 

            Moved by:        Deputy Mayor Cumming

            Seconded by:   Councillor Davis

 

            That SRCAO.09.47 be received and that proposed By-law No. 47-09 be enacted.

 

                                                                                    Carried

 

 

DELEGATIONS

 

Councillor Eagleson assumed the Chair for the first delegation (9:16 a.m.)

7.1       Don Scott, Cuesta Planning Consultants, provided a brief history of the MacDonald severance application in the former Arran Township, including the status of the County’s Official Plan Amendment which had been appealed to the Ontario Municipal Board by the Province.  He reviewed the outcome of a “without prejudice” meeting held on September 11, 2009 in Tara and requested that the Municipality undertake a Land Evaluation and Area Review (LEAR) Study to address what he considered to be errors in the land mapping and designation of parcels of land in the Official Plan.  He also advised that, should the Municipality proceed with this study, he would be requesting another adjournment of the OMB hearing.

 

            Chris LaForest, Bruce County Director of Planning and Economic Development, noted that a LEAR Study was a local process and that, should one proceed, there would be a requirement for an Official Plan Amendment after completion.  He advised that the County did not have funds in its 2009 budget and recommended that the Municipality place a request for inclusion of funds in the County’s 2010 budget to assist with the costs of a study. 

 

 

Mayor Oswald assumed the chair at this time (9:49 a.m.).

 

 

7.2       Inspector Klym, Detachment Commander, South Bruce OPP, Sgts. J.A. LeBlanc, D. Tsitomeneas and C.D. Butler, were present at the invitation of Council to discuss various matters related to Community Policing within the Municipality.

 

            Inspector Klym responded to questions from Council with respect to the status of drug problems, especially crystal meth, and noted that the concerns in Arran-Elderslie were no different than in other rural communities.  He also advised that the OPP supported Community Watch programs within municipalities and that they could be very successful and assist the police through greater observation.  Sgt. LeBlanc noted that there was additional police presence in the Municipality due to the location of the ESO, and pointed out that often constables were out on foot patrol in the night time hours.

 

            Discussion also took place with respect to the benefits of entering into a Section 10 Police Services Agreement contract versus the current Section 5.1 non-contract status.

 

 

A recess was held at this time (10:31 a.m. – 10:41 a.m.).

 

 

7.3       Dan McDonald, 35 Ross Street, Paisley, requested that the Municipality not upgrade the north end of Ross Street to municipal standards as part of the watermain construction project and that it be left as a gravel road only.

 

            Councillor Davis advised that subsequent to a meeting on site on September 11, 2009, staff had reviewed the matter with the on-site engineer, and confirmed that all of the work being undertaken was within the municipal road allowance.  It was noted that the alignment of the paved portion of the road had been relocated to preserve some of the existing trees.

 

 

STAFF REPORTS

 

Councillor Davis assumed the Chair at this time (11.05 a.m.) for the Works Department reports.

 

 

 

9.2       WORKS MANAGER – V. Weppler

 

            Discussion took place with respect to request of the delegation from 35 Ross Street in Paisley.  Council directed staff to proceed with the work as planned and that where possible and practical, adjustments to the road alignment be made to address concerns.

 

            Council deferred discussion of the status of the Silver Star project to the next meeting of Council, pending receipt of further information.

 

            Council took no further action with respect to the contract for the clean out of the Meuser drain, pending receipt of further information.

 

            Council directed Staff to proceed with the internal posting for a heavy equipment operator to replace Ray Bluhm upon his retirement at the end of September and, in the event there was not a suitable internal applicant, to proceed directly to an external posting.

 

            V. Weppler, Works Manager, reviewed the proposed tractor Request For Quotations document and noted the slight revisions made since the agenda had been printed.  Council directed staff to proceed with this matter.

 

            Council requested that Staff contact Bill Murdoch, MPP to arrange a meeting to discuss applications for funding for the Big Dig in Chesley and other projects.

 

            V. Weppler, Works Manager, provided an update on the record of site conditions work for the Municipally owned land on Queen Street in Paisley, noting that a small amount of contamination had been found and remedial work was under way.  He advised that once this process had been completed, the necessary reports would be filed and the application made to lift the “Holding” provision in the Comprehensive Zoning By-law.

 

 

Councillor Herron assumed the Chair at this time (11:48 a.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 #15-09 dated September 9, 2009.

 

            Having previously declared a pecuniary interest with respect to one invoice on the voucher, Deputy Mayor Cumming refrained from discussing or voting on that item.

 

            Moved by:        Councillor Riley

            Seconded by:   Councillor Davis

 

            That Accounts Payable Voucher #15-09 in the amount of $1,264,850.76 be paid.

 

                                                                                    Carried

 

 

A recess was held at this time (11:59 a.m. – 12:56 p.m.).

 

 

Councillor Davis assumed the Chair at this time (12:56 p.m.) for the Works Department Reports.

 

 

 

9.3       WATER AND SEWER FOREMAN – S. McLeod

 

ii)         SRW.09.23 – Tara Water Distribution System – Bruce Street

 

            Moved by:        Councillor Davis

            Seconded by:   Councillor Riley

 

            That Council authorize the Water Forman to let Municipal forces replace the existing watermain on Bruce Street in Tara.

 

                                                                                    Carried

 

iii)        SRW.09.24 – 2009 Arkwright Hall Drinking Water System Inspection Report

 

            Moved by:        Councillor Herron

            Seconded by:   Councillor Davis

 

            That Council direct Staff to proceed with actions to meet the requirements of the Public Health Inspector’s Directive regarding the 2009 Arkwright Hall Drinking Water System Inspection Report as set out in SRW.09.24.

 

                                                                                    Carried

 

i)          SRWA.09.03 – Items to be discussed

 

            S. McLeod, Water and Sewer Foreman, reviewed the various matters listed in SRWA.09.03. 

 

            Discussion took place with respect to other possible options for the calculation of the capital charges for the upgrades to the Tara Water System.  Council directed Staff to provide various scenarios for discussion at the next meeting of the Tara Water Users Committee.  Staff was further directed to confirm the date of the next meeting with the Committee for either October 6th or 7th at 7:00 p.m.

 

 

Deputy Mayor Cumming assumed the Chair at this time (1:28 p.m.) for the Recreation Department reports.

 

 

9.4       FACILITIES FOREMAN – B. McAllister

 

i)          SRFAC.09.07 – Items to be discussed – Facilities

 

            B. McAllister, Facilities Foreman, provided information to Council with respect to a meeting held with Barry Woodyard regarding the portable stage.  Staff was directed to investigate various options including associated costs and report back to a future meeting.

 

            B. McAllister advised that he had met with Daynard Bell with respect to the Bijou Theatre building and confirmed that repair work was required on the heating system piping, and that possible solutions for air conditioning were also being investigated.  He confirmed that Staff would report back to Council with findings.

 

            Discussion took place with respect to repair work to be undertaken on the Dawson House and reviews and recommendations being compiled by the firm of Allen-Hastings Limited.  The CAO confirmed that she was aware of this investigation.

 

 

 

 

 

9.5       RECREATION PROGRAMMER – K. Eke

 

i)          SRREC.09.10 – Items to be discussed – Recreation

 

            K. Eke, Recreation Programmer, reviewed the matters listed in SRREC.09.10.  Specific discussion took place with respect to providing the newly forming Sparks and Brownie units in Paisley and Chesley with non-chargeable space in the Community Centres for a one year period to assist them in getting established.

 

            Discussion also took place with respect to the condition of the skateboard park facility in Chesley.  Staff was directed to remove it from service for safety reasons and to investigate the concept of creating a BMX bike park and report back at a future Council meeting.

 

            Discussion also took place with respect to the idea of setting up teen evenings at the Chesley Community Centre.  Staff was directed to proceed with this initiative as discussed, including the purchase of used games and other entertainment to an approximate amount of $200.00.

 

ii)         SRREC.09.11 – Proposed 2010 and 2011 Swimming Pool Fees

 

            Moved by:        Councillor Charlton

            Seconded by:   Deputy Mayor Cumming

 

            a)         That the proposed Swimming Pool fees for the 2010 and 2011 seasons be approved as set out in Appendices A and B to SRREC.09.11;

 

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

 

                                                                                    Carried

 

iii)        SRREC.09.12 – Proposed 2010 and 2011 Chesley Trailer Park Fees

 

            Moved by:        Councillor Charlton

            Seconded by:   Deputy Mayor Cumming

 

            a)         That the proposed Chesley Trailer Park fees for the 2010 and 2011 seasons be approved as set out in Appendix A to SRREC.09.12;

 

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

 

                                                                                    Carried

 

 

Mayor Oswald assumed the chair at this time (2:14 p.m.).

 

 

OTHER BUSINESS

 

Request for Terms of Reference for Land Evaluation and Review Study

 

            Moved by:        Councillor Eagleson

            Seconded by:   Councillor Riley

 

            That the Municipality of Arran-Elderslie request the Bruce County Planning and Economic Development Department, in conjunction with Council, to prepare Terms of Reference for a Land Evaluation and Area Review (LEAR) Study for the Municipality of Arran-Elderslie.

 

                                                                                    Carried

 

STAFF REPORTS (CONTINUED)

 

9.6       CHIEF ADMINISTRATIVE OFFICER – A.P. Crawford

 

i)          SRCAO.09.45 – Ross Street Watermain (Paisley) – Infrastructure Stimulus Fund Contribution Agreement

 

            Moved by:        Deputy Mayor Cumming

            Seconded by:   Councillor Davis

 

            a)         That Council authorize the Mayor and Clerk to execute the Infrastructure Stimulus Fund Contribution Agreement for the construction of the Ross Street Watermain in Paisley;

 

            b)         That the necessary by-law be enacted.

 

                                                                                    Carried

 

iii)        SRCAO.09.48 – NWMO DGR Community Partnership Program

 

            Moved by:        Councillor Davis

            Seconded by:   Councillor Herron

 

            a)         That Council support the proposed upgrades to the Arkwright Hall as set out in SRCAO.09.48;

 

            b)         That the Chief Administrative Officer be directed to proceed with an application to the NWMO DGR Community Partnership Program for funding to undertake the proposed upgrades.

 

                                                                                    Carried

 

iv)        SRCAO.09.49 – Request to Initiate Process to Name a Private Road (Old School Road)

 

            Moved by:        Councillor Charlton

            Seconded by:   Deputy Mayor Cumming

 

            a)         That Council direct the Chief Administrative Officer to initiate the formal process to name the private road extending northward from the northerly limit of 2nd Avenue S.W. in Chesley as “Old School Road”;

 

            b)         That a Public Hearing into this matter be scheduled for 9:15 a.m. on Tuesday, October 13, 2009 in the Council Chambers.

 

 

                                                                                    Carried

 

 

REPORTS OF MEMBERS OF COUNCIL

 

      i)    Councillor Charlton

 

            Councillor Charlton advised that he had had a quiet month and that there had not yet been a meeting of the Building Committee for the Chesley Medical Clinic Expansion Project.  He undertook to keep the Chief Administrative Officer informed of any upcoming meetings.

 

 

 

 

      ii)   Councillor Herron

 

            Councillor Herron advised that the Province had amended the wording in the Terms of Reference for the Source Water Protection work to reflect “fair funding” rather than the original “full funding”.

 

      iii)  Councillor Riley

 

            Councillor Riley reported that the 2009 Bruce County Ploughing Match had been successful and that there had been good attendance at the recent Paisley Fall Fair.

 

      iv)  Councillor Eagleson

 

            Councillor Eagleson advised that he had nothing to report that had not been addressed elsewhere at this meeting.

 

      v)   Councillor Davis

 

            Councillor Davis advised that he had received enquiries from residents outside the Municipality but within the area serviced by the Paisley and District Fire Department, and that he had referred them to their respective Councils.

 

            Councillor Davis requested that the Chief Administrative Officer write to the local MP and MPP with respect to mandating minimum and reasonable sentences for those convicted of offences.  Council concurred with this request.

 

            Councillor Davis requested that Staff investigate the use of “moratorium legislation” to permit the Municipality to undertake land use studies. 

 

      vi)  Deputy Mayor Cumming

 

            Deputy Mayor Cumming provided an update with respect to the status of doctors working out of the Paisley Medical Clinic and the recent additions to the Brockton and Area Family Health Team.

 

            Deputy Mayor Cumming also requested that Council revisit the water service capital charges applied to future development in Paisley.  Council requested that this matter be addressed in line with the decisions to be made for the Tara Water System.

 

      vii) Mayor Oswald

 

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

 

            Mayor Oswald discussed a draft letter to be sent to the Premier on behalf of Council with regard to the wind turbine issue.  Council agreed to the concept and requested that this matter be addressed.

 

 

BY-LAWS

 

47-09 – A By-law to Impose Rates in Respect of money Borrowed under the Tile Drainage Act

 

            Moved by:        Councillor Davis

            Seconded by:   Councillor Charlton

 

            That By-law No. 47-09 be taken as read a first and second time.

 

                                                                                    Carried

            Moved by:        Councillor Davis

            Seconded by:   Councillor Charlton

 

            That By-law No. 47-09 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

 

48-09 – 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 Energy and Infrastructure and by the Minister of Agriculture, Food and Rural Affairs (ISF – Ross Street Watermain)

 

            Moved by:        Councillor Riley

            Seconded by:   Deputy Mayor Cumming

 

            That By-law No. 48-09 be taken as read a first and second time.

 

                                                                                    Carried

 

            Moved by:        Councillor Riley

            Seconded by:   Deputy Mayor Cumming

 

            That By-law No. 48-09 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

 

49-09 – A By-law to Amend the Municipal Code – Schedule G – Recreation Facilities – Pool Fees and Schedule G – Trailer Parks: Chesley – Schedule A - Rates

 

            Moved by:        Deputy Mayor Cumming

            Seconded by:   Councillor Davis

 

            That By-law No. 49-09 be taken as read a first and second time.

 

                                                                                    Carried

 

            Moved by:        Deputy Mayor Cumming

            Seconded by:   Councillor Davis

 

            That By-law No. 49-09 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

 

 

MOTION TO MOVE INTO CLOSED SESSION AND GENERAL NATURE THEREOF:

 

            Moved by:        Deputy Mayor Cumming

            Seconded by:   Councillor Davis

 

            That Council move into closed session to discuss matters about an identifiable individual, including municipal or local board employees.

 

                                                                                    Carried

 

Council moved into closed session and returned to open session (3:24 p.m. – 3:54 p.m.).

 

 

ADJOURNMENT

 

            Moved by:        Deputy Mayor Cumming

            Seconded by:   Councillor Eagleson

 

            That the meeting be adjourned to the call of the Mayor.

 

                                                                                    Carried

 

 

The meeting was adjourned at 3:55 p.m.

 

 

 

______________________________

Mayor

 

 

 

______________________________

Clerk