MUNICIPALITY OF ARRAN-ELDERSLIE

Council Meeting - C#27-09

Monday, November 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, November 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

S. Walmsley, CBO

ADOPTION OF AGENDA

Moved by: Councillor Riley

Seconded by: Councillor Charlton

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 by Members of Council under the Municipal Conflict of Interest Act at this time.

MINUTES OF PREVIOUS MEETING

Council Meeting C#26-09 – October 26, 2009

Moved by: Councillor Charlton

Seconded by: Councillor Davis

That the minutes of Council meeting C#26-09 held October 26, 2009 be adopted.

Carried

BUSINESS ARISING FROM THE MINUTES

There was no business arising from the minutes.

DELEGATIONS

7.1 Wind Turbine Issues

Tim Cane of the firm Jones Consulting Group Ltd. provided information with respect to various options for Council to consider regarding possible regulation of large scale wind turbines within the Municipality, especially in light of the existing legislation and regulations. He reviewed the process for undertaking a Heritage Conservation Study, and subsequent implementation of a Heritage Conservation District. He discussed possible costs for the process, including all of the work that would be required to notify landowners, hold the required public meetings and, at the end of the process, register the by-law on title for all affected lands. He also noted that there was the possibility of obtaining funding toward the process from the Ministry of Culture, through the Creative Communities Prosperity Fund.

David Smith, Senior Planner, Bruce County Planning and Economic Department, reviewed the contents of his correspondence provided with the agenda, and reiterated the comments expressed by Tim Cane regarding the status of tools formerly available under the Planning Act. He advised of his concern that the Province could remove the current protection available under the Ontario Heritage Act at any time. He recommended that the Municipality support the Medical Officer of Health in undertaking an epidemiological study and/or review of existing research with respect to the health impact of wind turbines.

Discussion took place with respect to possible use of load limits and or vehicle length restrictions on municipal roads under the Highway Traffic Act; the idea of passing a by-law to permit the introduction of other green technologies while restricting wind turbine installations; and other possible ideas.

A recess was held at this time (10:38 a.m. – 10:55 a.m.).

Moved by: Councillor Davis

Seconded by: Councillor Eagleson

That Council endorse the resolution of the Township of Chatsworth Council dated November 4, 2009 with respect to its concerns regarding the impact of adverse health effects caused by large scale wind turbines.

Carried

CORRESPONDENCE

Moved by: Councillor Charlton

Seconded by: Councillor Riley

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

8.2.1 Municipality of South Bruce – correspondence to Bruce, Grey and Huron Disability Transportation Corporation

8.2.2 AMO – Good Government Bill Proposes Municipal Election Changes

8.2.3 Saugeen Country Tourism Association – minutes of meeting held September 22, 2009

8.2.4 Grey Sauble Conservation Authority – minutes of meeting held October 14, 2009

8.2.5 Bruce County Planning

i) Request for comments – minor variance application - Robert & Evelyn Pearce co Patrick Kelly (Paisley)

ii) Correspondence with residents:

a) Patrick Kelly – regarding application for Robert & Evelyn Pearce 199 Alma Street (Paisley)

b) Bill Dill - Con 5 Pt Lot 3 and 4 (Elderslie)

8.2.6 Correspondence from Saugeen Mobility and Regional Transit (formerly Bruce Grey Huron Mobility Transportation Corporation) regarding its Board’s response to correspondence from the Municipality of Brockton

8.2.7 Presumptive Legislation for Volunteer and Part-time Firefighters – memorandum from AMO regarding implementation of new regulation

Carried

Councillor Herron assumed the Chair at this time (11:01 a.m.) for the Finance reports.

STAFF 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 #19-09 dated November 4, 2009.

Moved by: Councillor Herron

Seconded by: Councillor Riley

That Accounts Payable Voucher #19-09 in the amount of $772,377.92 be paid.

Carried

ii) SRFIN.09.03 – 2010 Water, Sewer and Garbage Rates

Discussion took place with respect to the recommendations for increases to the water, sewer and garbage rates contained in SRFIN.09.03. Council directed Staff to reconsider certain of the proposed rates and report back to the next regularly scheduled Council meeting with revised rates.

Mayor Oswald assumed the Chair at this time (11:18 a.m.).

9.2 CHIEF ADMINISTRATIVE OFFICER – A.P. Crawford

i) SRCAO.09.56 – Establishment of the Allenford Community Coordinating Committee

Moved by: Councillor Charlton

Seconded by: Councillor Riley

a) That Council approve the formation of the Allenford Community Coordinating Committee as set out in SRCAO.09.56;

b) That the Terms of Reference for the Allenford Community Coordinating Committee be adopted as set out in Appendix A to SRCAO.09.56;

c) The Councillor Herron be appointed as the Municipality of Arran-Elderslie’s representative on the Committee, and that Councillor Eagleson be appointed as the alternate in the event Councillor Herron is unable to attend.

Carried

ii) SRCAO.09.57 – Accessibility Standards for Customer Service and Use of Assistive Devices Policy

Moved by: Councillor Charlton

Seconded by: Councillor Davis

a) That Policy No. HR1 – Accessible Standards for Customer Service and Use of Assistive Devices be adopted in the form attached as Appendix A to SRCAO.09.57;

b) That Staff be directed to proceed with the required training implementation for employees, contractors, agents and volunteers of the Municipality who provide goods or services to the public.

Carried

iii) SRCAO.09.58 – Update to Municipality’s Procurement Policy (Purchasing By-law)

Moved by: Deputy Mayor Cumming

Seconded by: Councillor Davis

a) That SRCAO.09.58 regarding revisions to the Municipality’s Procurement Policy (Purchasing By-law) be received;

b) That By-law No. 59-09 be enacted in the form attached to SRCAO.09.58.

Carried

iv) SRCAO.09.59 – Proposed Noise Control By-law

Moved by: Councillor Charlton

Seconded by: Deputy Mayor Cumming

a) That SRCAO.09.59 regarding the adoption of a noise control by-law be received;

b) That By-law No. 61-09 be enacted in the form attached to SRCAO.09.59.

Carried

v) SRCAO.09.60 – Appendix A to the Letter of Agreement for the Activation of Tiered Response/Modified Tiered/First Response with Bruce County EMS

Moved by: Councillor Eagleson

Seconded by: Councillor Riley

That SRCAO.09.60 be received and that the attached Dispatch Priority Card Index be approved as Appendix A to the Letter of Agreement for the Activation of Tiered Response/Modified Tiered/First Response between Bruce County EMS and the Municipality of Arran-Elderslie with respect to the Paisley Fire Station.

Carried

A recess was held at this time (12:06 p.m. – 1:13 p.m.).

BY-LAWS

59-09 – A By-law to Amend the Municipal Code – Schedule A – General Government – Finance: Procurement Policy

Moved by: Councillor Herron

Seconded by: Councillor Riley

That By-law No. 59-09 be taken as read a first and second time.

Carried

Moved by: Councillor Herron

Seconded by: Councillor Riley

That By-law No. 59-09 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

61-09 – A By-law to Amend the Municipal Code – Schedule B – Protection to Persons and Property – Noise

Moved by: Councillor Charlton

Seconded by: Deputy Mayor Cumming

That By-law No. 61-09 be taken as read a first and second time.

Carried

Moved by: Councillor Charlton

Seconded by: Deputy Mayor Cumming

That By-law No. 61-09 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

60-09 – A By-law to Amend the Municipal Code – Schedule D – Environmental Services (Tara Water Distribution System)

Moved by: Councillor Davis

Seconded by: Councillor Riley

That By-law No. 60-09 be taken as read a first and second time.

Carried

Moved by: Councillor Davis

Seconded by: Councillor Riley

That By-law No. 60-09 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

DELEGATIONS CONTINUED

7.1 Wind Turbine Issues continued

Ross McLean, Municipal Solicitor, provided an overview of the legal perspective of various options available to Council for the control of large scale wind turbines in the Municipality. He reviewed the possible sections of the Municipal Act that might be used and suggested an option of regulating the use of lands in proximity to installed wind turbines for health and safety reasons in such a way that most uses including residences, livestock, barns and agricultural work were prohibited. In this way the turbines were not regulated but the use of the lands would be. He noted that such a form of regulation would be applicable to all lands within a designated area, regardless of ownership.

Council also requested the Municipal Solicitor to review the potential for the Municipality to regulate the use of its roads to control vehicle size that could use the roads.

Council requested that staff invite the Chair of the provincial Liberal Caucus to an upcoming meeting to permit Council to discuss the health impact issues related to large scale wind turbines directly.

RESOLUTION 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 consider matters relating to the security of the property of 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 (2:15 p.m. – 3:14 p.m.).

REPORTS OF MEMBERS OF COUNCIL

i) Councillor Charlton

Councillor Charlton reported that he had met with Dave Barrett of the Saugeen Economic Development Corporation with respect to making applications for funding under the Community Futures Program.

ii) Councillor Herron

Councillor Herron advised that he had nothing to report at this time.

iii) Councillor Riley

Councillor Riley provided information about a local connection to a WWII Lancaster bomber wreckage that had been found and was reported on in the Legion’s magazine.

iv) Councillor Eagleson

Councillor Eagleson advised that he had no additional matters to report at this time.

v) Councillor Davis

Councillor Davis advised that he had no additional matters to report at this time.

vi) Deputy Mayor Cumming

Deputy Mayor Cumming provided information with respect to the Ross Street Watermain project progress, and with respect to a grading and drainage issue related to the McDougall subdivision.

Deputy Mayor Cumming provided an update with respect to a meeting held with representatives of the Chesley District High School regarding a reciprocal agreement for use of arena facilities. She reported on a proposal provided by the Recreation Programmer that would see the girls’ hockey team use the Chesley Arena for games and practices, and the team members volunteer their time to assist with various community events sponsored by the Municipality. Council agreed to this proposal for this year in order to assess how well it worked.

vii) Mayor Oswald

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

OTHER BUSINESS

Compressed Work Week Proposal

Discussion took place with respect to a proposal to institute a compressed work week option for Administrative Staff. Council requested that the Chief Administrative Officer report back on options, impacts and benefits of such a proposal.

ADJOURNMENT

Moved by: Councillor Riley

Seconded by: Councillor Charlton

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

Carried

The meeting was adjourned at 3:56 p.m.

______________________________

Mayor

______________________________

Clerk