MUNICIPALITY OF ARRAN-ELDERSLIE Council Meeting - Tuesday, March 29 th, 2016 9:00 a.m. Council Chambers Municipal Administration Offices 1925 Bruce County Road 10 Chesley, Ontario His Worship Mayor Paul Eagleson MINUTES A meeting of the Council of the Municipality of Arran-Elderslie was held on Tuesday, March 29 th, 2016 at 9:00 a.m. in the Council Chambers. The following Members of Council were present: Mayor Paul Eagleson (Chair) Deputy Mayor Mark Davis Councillor Doug Bell Councillor Brian Dudgeon Councillor Steve Hammell (Arrived at 9:21 a.m.) Councillor Dan Kerr Councillor Peter Steinacker The following members of Staff were present: P. Rouse, Clerk-Administrator D. Hunks, Treasurer S. McLeod, Public Works Manager A. McArthur, Facilities, Parks and Recreation Manager P. Johnston, Chief Building Official 1. Adoption of Agenda Moved by: Councillor Bell Seconded by: Councillor Kerr That the agenda for the Council Meeting of March 29 th, 2016 be received and adopted, as distributed by the Clerk. Carried Resolution # 08 134 2016 2. Disclosures of Pecuniary Interest and General Nature Thereof There were no disclosures of pecuniary interest by Members of the Committee under the Municipal Conflict of Interest Act at this time. 3. Adoption of Minutes of Previous Meeting(s) 3.1 Regular Council Meeting C#06-2016 held March 14 th, 2016 Moved by: Councillor Steinacker That Council of the Municipality of Arran-Elderslie adopt the minutes of the Regular Council Session C#06-2016 held Monday, March 14 th, 2016, as circulated.
4. Business Arising from the Minutes None 5. Public Meeting(s) None 6. Presentation(s) None Carried Resolution # 08 135 2016 7. Delegation(s) The Mayor agreed to allow Mr. Warnke to address Council asking that this issue to be resolved regarding the damage of a section of the tile drainage system that was damaged by Bell Canada during the reconstruction of Bruce Road 40 from Grey-Bruce Line to Bruce Road 10. Mr. Warnke provided copies of correspondence between Mr. Warnke and Bruce County Highways. The Mayor indicated that they will be contacting Bruce County Highways to help get this resolved. Deputy Mayor Davis declared a pecuniary interest under the Municipal Conflict of Interest Act with the next item and did not participate in the decision or the vote. Moved by: Councillor Bell Seconded by: Councillor Kerr Whereas, Council, at its meeting of March 14 th, 2016, defeated a resolution that would have approved the application for Zoning Bylaw Amendment Z-07-2016.38 (Harry Biermans); and Whereas, Section 3.11 of the Procedural By-law allows that after a matter has been decided by Council, that matter may be reconsidered at a subsequent meeting, only if notice for reconsideration has been given and included in the agenda; therefore That Council of the Municipality of Arran-Elderslie wishes to reconsider their decision on the application for Zoning Bylaw Amendment Z-07-2016.38 (Harry Biermans) for the property described as Concession 13 Pt Lot 27 (geographic Township of Elderslie). Carried Resolution # 08 136 2016 7.1 Harry Biermans Zoning By-law Amendment Z-07-2016.38 Reconsideration of Decision Mr. Biermans address Council requesting that they reconsideration their decision regarding the zoning by-law amendment that is required to facilitate a 1.2 ha (2.9 ac.) surplus farm dwelling lot severance with a barn, shop and shed. Discussion included livestock units allowed on the residential lot. Subsequent to discussion, Council passed the following resolutions: Moved by: Councillor Bell Seconded by: Councillor Hammell 1) That Council receive the Staff report for Zoning By-law Amendment Z-07-2016.38 (Harry Biermans) for the property described as Concession 13 Pt Lot 27 (geographic Township of Elderslie), Municipality of Arran-Elderslie; 2) That the application for Zoning By-law Amendment Z-07-2016.38 (Harry Biermans) for the property described as Concession 13 Pt Lot 27 (geographic Township of Elderslie) be approved; and 3) That the necessary by-law be prepared for consideration of adoption. Carried Resolution # 08 137 2016 Page 2 of 8
8. Correspondence 8.1 Requiring Action 8.1.1 Multi-Municipal Wind Turbine Working Group Support Huron County Health Unit Investigation Subsequent to discussion, Council passed the following Moved by: Deputy Mayor Davis Whereas, The Huron County Health Unit announced it will investigate the concerns of residents regarding potential health effects of industrial wind turbines, in keeping with their legislative duty to investigate potential population health hazards; and Whereas, The Huron County Health Unit decision to commence an investigation is due to the numerous health complaints from people living in close proximity to industrial wind turbines in Huron County; and Whereas, The Huron County Health Unit is required to do an investigation when there appears to be a community environmental health issue; and Whereas, The Huron County Health Unit is working with the University of Waterloo and medical experts in Ontario to develop an on-line and paper survey for the investigation; and Whereas, The Huron County Health Unit is the first county health unit in Ontario to conduct such an investigation; and Whereas, The Huron County Health Unit is seeking county wide knowledge of and participation in this investigation by Huron County residents living in close proximity to Industrial Wind Turbines; therefore That Council of the Municipality of Arran- Elderslie supports the decision of the Acting Medical Officer of Health, Dr. Janice Owen, to conduct an investigation into possible health problems of residents living in close proximity to Industrial Wind Turbines in Huron County. Carried Resolution # 08 138 2016 8.1.2 Chesley & Area Fire Department Joint Board Recommendation Invoicing All Open Air Burns Council reviewed the resolution from the Chesley & Area Fire Department Joint Board, recommending that all open air burns with no permits or in non-compliance with a permit be billed for at 50 percent of the Ministry of Transportation of Ontario rates or at a cost recovery rate to be determined by the Fire Chief. The Clerk-Administrator advised that the CAO-Clerk for the Township of Chatsworth had communicated that his Council had reviewed this same resolution and recommending that large trucks should be billed at $ 150.00 per hour and $ 100.000 for small trucks with a minimum of one (1) hour and that personal should be billed at cost recovery rate for these calls. The Clerk-Administrator also advised that staff is anticipating that the Board will be calling another meeting in the near future to discuss this further. Subsequent to discussion, Council directed that resolution be prepared for the next regular meeting. 8.1.3 Municipality of Brockton Proposed Amendments Automatic Aid Agreement Paisley & District Fire Department Subsequent to discussion, Council passed the following Page 3 of 8
Moved by: Councillor Dudgeon Seconded by: Deputy Mayor Davis That the Municipality respond to the Municipality of Brockton indicating that the Municipality of Arran-Elderslie agrees to make amendments to Schedule B as proposed in their letter dated March 17 th, 2016 as follows: 2016 $ 53,139.32 plus Consumer Price Index (CPI) 2017 That the CPI rate be applied annually until such time as the agreement may be renegotiated. Carried Resolution # 08 139 2016 8.2 For Information Subsequent to discussion, Council passed the following That Council of the Municipality of Arran-Elderslie receives, notes and files correspondence on the Council Agenda for information purposes. Carried Resolution # 08 140 2016 8.3 Events/Notices 8.3.1 Notice Change of Location Public Meeting BCOPA 204-16.00 9. Staff Reports 9.1 Clerk-Administrator Peggy Rouse 9.1.1 SRCLK.16.18 Amendment to Procedural By-law P. Rouse, Clerk-Administrator, responded to questions from Members of Council. Subsequent to further discussion, Council passed the following Moved by: Councillor Steinacker 1) That SRCLK.16.18 be received Amendment to Procedural By-law; 2) That Council adopt the recommended amendment to the Procedural By-law; and 3) That the necessary by-law be prepared. Carried Resolution # 08 141 2016 9.1.2 SRCLK.16.19 Bill 8 Public Sector and MPP Accountability and Transparency Act, 2014 P. Rouse, Clerk-Administrator, responded to questions from Members of Council. Subsequent to further discussion, Council passed the following 1) That SRCLK.16.18 be received Bill 8 Public Sector and MPP Accountability and Transparency Act, 2014; 2) That Council approves the Complaint Response Policy as attached to this report; and 3) That the necessary by-law be prepared. Carried Resolution # 08 142 2016 A recess was held at this time (10:02 a.m. 10:10 a.m.). 9.2 Treasurer David Hunks 9.2.1 Accounts Payable Voucher # 06-2016 Page 4 of 8
D. Hunks, Treasurer, responded to questions from Members of Council. Subsequent to further discussion, Council passed the following Moved by: Councillor Dudgeon Seconded by: Deputy Mayor Davis That Accounts Payable Voucher #06-2016 dated March 29 th, 2016 in the amount of $ 556,641.88 be approved for payment as submitted by the Treasurer. Carried Resolution # 08 143 2016 9.3 Works Manager Scott McLeod 9.3.1 SRW.16.08- Award 2016 Water & Sewer Construction Tenders Subsequent to further discussion, Council passed the following Moved by: Deputy Mayor Davis Whereas, the award of contract of water main, Sanitary and Storm Sewer Construction on 5 th Street South East (Part A) in the Town of Chesley and Water main construction on Inkerman Street (Part B) in the Village of Paisley has been recommended by the Works Manager in Report SRW.16.08; therefore 1) That SRW.16.08 be received Award Tenders 5 th Street South East, Chesley and Inkerman Street, Paisley; and 2) That Council award the Contract which meets the terms and conditions of the tender for the construction as follows, subject to budget approval: Part A (Chesley) to Al Reich s Backhoeing & Haulage Ltd in the amount of $410,772.30 (excluding applicable taxes), being financed from Account # 01-0000-2124 (Roads), Account # 01-0000-2136 (Water) and Account # 01-0000-2131 (Sewer); and Part B (Paisley) to Bridge Excavating Ltd in the amount of $142,985.00 (excluding applicable taxes), being financed from Account # 01-0000-2124 (Roads), Account # 01-0000-2136 (Water and Account # 01-0000-2131 Sewer). Carried Resolution # 08 144 2016 Council agreed to have a road tour on Monday, April 18 th, 2016. 9.4 Building Department Patrick Johnston None 9.5 Recreation Department Ann McArthur 9.5.1 SRREC.16.05 Approve Canada 150 Grant Chesley Community Centre Kitchen Renovations A. McArthur, Facilities, Parks & Recreation Manager, responded to questions from Members of Council. Subsequent to further discussion, Council passed the following Seconded by: Deputy Mayor Davis 1) That Report SRREC 15.05 be received Contribution Agreement Canada 150 Grant - Chesley Community Centre Kitchen Renovations; 2) That Council hereby authorize the Mayor and Clerk- Administrator to enter into a Contribution Agreement for funding under the Canada 150 Community Infrastructure Program for the renovation of Chesley Community Centre Kitchen; and Page 5 of 8
3) That funding contributions be approved in the amount of $90,000 as follows: $38,300 being received from the CIP grant program; $20,000 from 2015 Capital Budget (Reserve Account # 01-0000-2181); $17,000 from Kinsmen (2015 Contribution); and $15,000 from 2016 Capital Budget (Reserves Account # 01-0000-2181) Carried Resolution # 08 145 2016 9.5.2 SRREC.16.06 Accept Donation Elmwood Smoke Installation Dugouts Chesley Ball Diamond No. 1 A. McArthur, Facilities, Parks & Recreation Manager, responded to questions from Members of Council. Subsequent to further discussion, Council passed the following 1) That Report SRREC.16.06 be received Chesley Ball Diamond Memorial Dugouts; 2) That Council support the request from the Elmwood Smoke to install dugouts at the Chesley Ball Diamond #1 in memory of Justin Hammond, with the material and inkind labour being provided being donated by the Elmwood Smoke. Carried Resolution # 08 146 2016 9.5.3 SRREC.16.07 2017 Timbit Elementary School Curling Championship Bonspiel A. McArthur, Facilities, Parks & Recreation Manager, responded to questions from Members of Council. Subsequent to further discussion, Council passed the following That Report SRREC.16.06 be received 2017 Timbit Elementary School Curling Championship Bonspiel for information purposes. Carried Resolution # 08 147 2016 9.6 Fire Departments None 9.7 Planning Department Brian McHattie None 10. Reports of Members of Council Bell: Councillor Bell advised that he will be attending a soccer meeting tonight, Krug Memorial Park Public Advisory Committee meeting tomorrow morning and Bruce Area Solid Waste Recycling meeting this Thursday night. Hammell: Councillor Hammell advised that he had nothing additional to report that has not already been discussed. Kerr: Councillor Kerr advised that the two-day Saugeen Bluffs Maple Syrup Festival northwest of Paisley will be held on April 2 nd and 3 rd at the Saugeen Bluffs Conservation Area. Steinacker: Councillor Steinacker advised that he had nothing additional to report Page 6 of 8
that has not already been discussed. Dudgeon: Councillor Dudgeon advised that he had nothing additional to report that has not already been discussed. Deputy Mayor Davis: Deputy Mayor Davis advised that he had nothing additional to report that has not already been discussed. Mayor Eagleson: Mayor Eagleson updated council regarding his meeting schedule and events since the last council meeting. 11. Health and Safety None 12. Other Business None 12.1 Proposed 2016 Operating and Capital Budgets 13. Notice of Motion None 14. By-law(s) Councillor Dudgeon declared a pecuniary interest under the Municipal Conflict of Interest Act with the next item and did not participate in the decision or the vote. 14.1 19-2016 Zoning By-law Amendment Z-4-2016.38 Concession 13 Part Lot 36 (Elderslie) That By-law No. 19-2016 be introduced and taken as read a first and second time, being a By-law to amend Schedule A of By-law No. 36-09, as amended (Being the Comprehensive Zoning By-law of the Municipality of Arran- Elderslie) re: Part Lot 36, Concession 13 (Elderslie). Carried Resolution # 08 148 2016 That By-law No. 19-2016 be taken as read a third and final time; to be signed, sealed and engrossed in the By-law Book. Carried Resolution # 08 148 2016 Deputy Mayor Davis declared a pecuniary interest under the Municipal Conflict of Interest Act with the next item and did not participate in the decision or the vote. 14.2 20-2016 Zoning By-law Amendment Z-7-2016.38 Concession 13 Part Lot 27 (Elderslie) Moved by: Councillor Dudgeon That By-law No. 20-2016 be introduced and taken as read a first and second time, being a By-law to amend Schedule A of By-law No. 36-09, as amended (Being the Comprehensive Zoning By-law of the Municipality of Arran- Elderslie) re: Part Lot 27, Concession 13 (Elderslie). Carried Resolution # 08 149 2016 Moved by: Councillor Steinacker That By-law No. 20-2016 be taken as read a third and final time; to be signed, sealed and engrossed in the By-law Book. Carried Resolution # 08 149 2016 Page 7 of 8
15. Resolution to Move into Closed Session and General Nature Thereof The Mayor advised that Council will go into closed session at 11:38 p.m. for the purpose of matters identified in the motion below. Moved by: Councillor Steinacker That Council of the Municipality of Arran-Elderslie does now go into closed session to discuss an item(s) which relates to: 1) personal matters about an identifiable individual, including municipal or local board employees; 2) proposed or pending acquisition or disposition of real property (Young Bridges) Staff authorized to Remain: Clerk, Public Works Manager Carried Resolution # 08 150 2016 16. Resolution to Reconvene in Open Session Council arose from closed session and the regular session resumed at 12:55 p.m. The Mayor confirmed that Council discussed only those matters identified in the motion above. 17. Adoption of Recommendations Arising from Closed Session None 18. Confirming By-law By-law 21-2016 Confirming By-law That By-law No. 21-2016 be introduced and taken as read a first and second time, being a By-law to confirm the proceedings of the council meeting of the Municipality of Arran- Elderslie held March 29 th, 2016. Carried Resolution # 08 153 2016 That By-law No. 21-2016 be taken as read a third and final time; to be signed, sealed and engrossed in the By-law Book. Carried Resolution # 08 153 2016 19. Adjournment Moved by: Councillor Steinacker That the meeting be adjourned to the call of the Mayor. Carried Resolution # 08 154 2016 The meeting was adjourned at 12:56 p.m. Original Signed by Paul Eagleson, Mayor Original Signed by Peggy Rouse, Clerk-Administrator Page 8 of 8