THE MUNICIPAL CORPORATION OF THE TOWNSHIP OF ARMOUR

MINUTES

January 22, 2002

The regular meeting of the Council of the Township of Armour was held on Tuesday, January 22, 2002 at 7:30 p.m. Those in attendance were Reeve Frank Gill, Councillors Rod Blakelock, Marty Corcoran, Joanne Cripps, and Gary McFarlane; delegate Bob MacPhail; guests, Michael Jordan, Earl Haggart, Mathew Haggart, Gail and Harvey Mulligan, Gloria Wilde, Richard Holloway, Joy Murphy, Roberta De Haviland, Richard Thomas, Phyllis Leggett; Jen Ewans, Jeff Renaud from the Almaguin News; staff Wendy Whitwell Deputy Clerk-Treasurer. The meeting was called to order at 7:30 p.m. and opened with a prayer delivered by the Reeve. The minutes of the regular meeting of January 8, 2002 and the minutes of the special meeting on January 9, 2002 were adopted as circulated.

DECLARATION OF PECUNIARY INTEREST:

No pecuniary interest was declared.

DELEGATIONS:

  • -Bob MacPhail attended Council to ask a number of questions. Frank instructed Bob on the format for delegations and indicated he would be allowed fifteen minutes to speak. Bob informed Council he was not present this evening representing the new association, but was representing his own concerns as a ratepayer and business owner. Bob indicated he had concerns with how Council was operating and requested the Reeve speak to his questions and concerns. The questions asked and concerns raised included: why council wished to make many changes in such a short time after being elected to council; the court action resulting from the election and who was covered by municipal insurance; what the Reeve included in his election platform; public input for a vote-by-mail for the next election; Bowes and Cocks being given notice and what plans Council have to expand the Township office; public access to the original proxy forms; proposed property standards by-law and how Council plans to prevent misuse of this by-law; what has this Council done for businesses in the Township? Councillor Cripps interjected with comments regarding the proxy she voted and perception of a wrong doing by an election official as well as insisting the original proxy's should have gone to the polling station. The Reeve asked permission from Council to allow Bob more than fifteen minutes, and permission was granted. Bob wishes to get information on how he can expand his business, and what approvals he must get. Reeve Gill answered some of Bob's questions, and directed the clerk to get answers to others. In summary, Bob is concerned with the Council and the community being divided and not working together for a better community. Bob will be coming back to Council representing the concerned citizens group in an effort to work with Council, and bring both the community and Council together. Ratepayers informed and invited all of Council to the next meeting of the concerned citizens group scheduled for February 18, 2002.

Councillor Cripps requested five minutes to discuss a newspaper article and informed everyone present why she ran for Council and that she represents all ratepayers. Joanne discussed a brief history of the landfill site and recent improvements including restricted burning, increased cover and monitoring wells.

BUSINESS ARISING FROM THE LAST MEETING:

  • -Renewal of municipal insurance for 2002 - Council reviewed a staff report and letter from Darling Insurance declining to quote this year. A resolution was passed accepting the quote from Jardine OME.

  • -A resolution to rescind resolution # 5 passed on November 27, 2001 and appoint Jack Murray and Gary Sipple to represent the Township's interest with regard to the Katrine Winter Karnival was passed.


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  • -Letter re Eastholme - copy of reply from Ryerson Township sent to Gail Paech, Assistant Deputy Minister, Ministry of Health and Long Term Care.

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  • -Letter from Eastholme dated January 18, 2002 with an update of the Redevelopment of 72 "D" bed and building of 24 new long-term care facility beds under the 2001 award.
  • -Reply from Norm Miller to clerks letter of December 19, 2001.

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BY-LAWS:

- By-law # 7-2002, being a By-law to close Brown's Drive temporarily was read a first, second and third time.

      • -By-law # 8-2002, being a By-law to enter into an agreement with the Township of Perry for maintenance of the boundary roads was read a first, second and third time.


      • -By-law # 9-2002, being a By-law to set rates of pay for the year 2002; staff report on change to Council remuneration by adding mileage and a comparison of Council remuneration for Ryerson and Burk's Falls were reviewed. By-law # 9-2002 was tabled. The by-law and staff report will be brought forward to the next meeting.

REPORTS:

  • -Winterfest - January 9th - Council reviewed minutes of the November 7th and January 9th meeting. A discussion regarding the success of this years event was held.


  • -AHIC - January 10th, Frank reported on the proposed amalgamation with Almaguin 2000.

This should be resolved by March 31, 2002.

  • -CAC - January 10th , Rod gave a report on the luncheon meeting. Gary will continue to sit on this committee.


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  • -Property Standards Committee - January 10th, Gary reported on the progress made and the next meeting will be called by the chair.


  • -Water - January 14th - Frank and Gary met with Barry and Joe for exploratory talks regarding a joint submission for funding to improve water supplied to Armour by Burk's Falls.


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  • -Planning Board - January 14th- Gary gave a verbal report.


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  • -Amalgamation Steering Committee - January 15th - Gary reported that the prompt sheets have been submitted to the committee for summarization. Public input is four to six months away.


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  • -Arena Board - January 16th - Joanne reported that cleaning staff has been hired and the alcohol policy will be addressed in detail at future meetings.


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  • -Library - January 16th - Rod reported they are reviewing and updating policies, preparing budget and looking at an agreement with the genealogy group. Joanne requested and received a copy of the Library 2001 year end report.

  • -POA - January 17th - Frank attended, and only one other person attended. Fines revenue is up $ 20,000 for Armour's portion. March is a scheduled budget meeting.


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CORRESPONDENCE:

  • -Katrine Community Centre Club, letter of thank you for material supplied by the Township for recent improvements.

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  • -Ministry of the Solicitor General, notification of briefing sessions regarding the New Emergency Management Act. A resolution authorizing the registration of Frank to attend a session on February 6th was passed
  • - Ontario Sportsman & Resource Users and Ontario Black Bear Association, request for support of a resolution to re-instate the spring bear hunt. No support was given.


  • -Township of Chatsworth, request for support of a resolution with regard to the severe financial impact on small communal water systems for capital and operating costs. A resolution of support was passed.


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  • -Northern Ontario Municipal Association, request for support of a resolution requesting a business plan for a Northern Medical School which is consistent with the general principles of the NORMS proposal. No support was given.


  • -Almaguin News, tender for the year 2002. Further information was requested from staff

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  • -Ontario Good Roads Association, request for 2002 membership fee. A resolution authorizing the payment of the 2002 membership was passed.


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  • -East Parry Sound Regional Science Fair, request for donation. A resolution authorizing a donation was passed.


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  • -AMO, notification of the 2002 Annual Conference. This is to be brought forward at a future meeting.


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  • -Almaguin Highlands Information Centre, request for 2002 municipal support. A resolution authorizing payment was passed.


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  • -Almaguin 2000 Development Agency, request for municipal support for 2002. The clerk was instructed to forward a letter.

    • UNFINISHED BUSINESS:

  • -Ministry of Transportation, copy of a letter from the Ministry to E. G. Searle, President of 936318 Ontario Limited regarding highway access.


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  • -Mulligan's Enterprises, copy of latest report on stumpage and cheque received.

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  • -Municipal Planning Services for 2002. Council reviewed a staff report on 2001 activity; proposal for planning services for 2002; and a copy of planning services for the area Planning Board. Council requested this item be brought forward to the next meeting for further discussion.


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  • -List of potential projects for 2002 and the funding programs available. This will be discussed at the next meeting.


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  • -Emergency Plan - no comments received from Council to date.


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  • -Proposed by-law for parkland dedications fees. The council reviewed the following:

- resolution proposed by Joanne Cripps

- staff report

- by-law as presented in June

- model by-law as supplied by Joanne

A resolution was passed to forward the above documentation to the lawyer for comment.

NEW BUSINESS:

  • -Minutes of Settlement from MPAC on one property was received and reviewed by Council. No objection will be filed.

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  • -A quote from Munisoft for a new payroll software program was reviewed. A discussion regarding the need for this program and why an "off the shelf" program would not be useable. Further information will be provided to Council.


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  • -A letter and invoice from Graham, Wilson and Green re Armour et als ats Jerry Brandt was on the agenda for information purposes.


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  • -Resolution was passed to go into closed session at 10:40 p.m.


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  • -Resolution to move out of closed session at 11:05 p.m.

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  • -Resolution authorizing the payment of invoice # 48812 from Graham, Wilson and Green in the amount of $315.30 was passed.


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  • -Southeast Parry Sound District Steering Committee, notification of January 24, 2002 meeting with guest speaker Norm Miller, M.P.P.


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  • -Discussion for an honorarium to be paid to the Community Policing volunteer, as we do with the Library Board volunteer. A resolution authorizing same was passed.


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  • -Petition re Property Standards By-law. This item is to be included in the next agenda.

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  • -List of correspondence received and not on the agenda.

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RESOLUTIONS:

  • -Moved by Joanne Cripps, Seconded by Rod Blakelock, That the minutes of the regular meeting held on January 8, 2002 be adopted as circulated. (Carried)


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  • -Moved by Joanne Cripps, Seconded by Marty Corcoran, That the minutes of the special meeting on January 9, 2002 be adopted as circulated. (Carried)


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  • -Moved by Joanne Cripps, Seconded by Rod Blakelock, That the Council of the Township of Armour hereby authorize the payment of $ 31,694.12 to Jardine OME for municipal insurance for 2002. (Carried)


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  • -Moved by Marty Corcoran, Seconded by Rod Blakelock, That the Council of the Township of Armour hereby rescind resolution # 5 passed on November 27, 2001 and appoint Jack Murray & Gary Sipple to represent the best interest of the Township of Armour with regard to the Winter Karnival on February 1st, 2nd & 3rd, 2002. (Carried)


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  • -Moved by Joanne Cripps, Seconded by Marty Corcoran, That leave be given to introduce a bill # 7-2002, being a By-law to close Brown's Drive temporarily. (Carried)


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  • - Moved by Joanne Cripps, Seconded by Marty Corcoran, That By-law # 7-2002 be read a second time.(Carried)


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  • -Moved by Joanne Cripps, Seconded by Marty Corcoran, That By-law # 7-2002 be read a third time, signed and the seal of the Corporation affixed thereto and finally passed in open Council this 22nd day of January, 2002. (Carried)

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- Moved by Gary McFarlane, Seconded by Rod Blakelock, That leave be given to introduce a Bill # 8-2002, being a By-law to enter into an agreement with the Corporation of the Township of Perry for maintenance of the boundary roads. (Carried)

  • -Moved by Gary McFarlane, Seconded by Rod Blakelock, That By-law # 8-2002 be read a second time. (Carried)

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  • -That By-law # 8-2002 be read a third time, signed and the seal of the Corporation affixed thereto and finally passed in open Council this 22nd day of January, 2002.(Carried)


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  • -Moved by Joanne Cripps, Seconded by Rod Blakelock, That the Council of the Township of Armour hereby authorize Frank Gill to attend a briefing session regarding Emergency Measures to be held February 6th in Kingston, at no cost to the Township. (Carried)


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  • -Moved by Joanne Cripps, Seconded by Gary McFarlane, That the Council of the Township of Armour hereby support the resolution of the Township of Chatsworth with regard to the severe financial impact on small communal water systems for capital and operating costs. (Carried)


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  • -Moved by Rod Blakelock, Seconded by Gary McFarlane, That the Council of the Township of Armour hereby authorize the payment of the 2002 OGRA membership in the amount of $ 423.19. (Carried) (Recorded Vote- For Blakelock, Corcoran, Cripps, Gill, McFarlane)


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  • -Moved by Rod Blakelock, Seconded by Marty Corcoran, That the Council of the Township of Armour hereby donate $ 25.00 to the East Parry Sound Regional Science Fair. (Carried)


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  • -Moved by Joanne Cripps, Seconded by Rod Blakelock, That the Council of the Township of Armour hereby authorize the payment of $ 3,576.00 to AHIC for 2002. Subject to evaluation of the merger of AHIC and Almaguin 2000.


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  • -Moved by Gary McFarlane, Seconded by Joanne Cripps, Be it resolved that the Corporation of the Township of Armour shall correct its calculation of "CASH-IN-LIEU" of Parkland dedication fees as implemented by resolution in 1988, and introduce a bylaw to reflect the proper calculation as to conform with the Ontario Planning Act regarding "Plan of Subdivision" and in particular "Consent" applications.


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And Whereas the collection of these fees is exclusively discretionary upon the municipality. The collection of these fees must adhere conclusively with the Ontario Planning Act ... in particular....

Sec. 51 1.(4) Plan of Subdivision - " the value to be determined as of the day before the day of the approval of the DRAFT plan of subdivision.

Sec. 53 (13) "Consent" application - value of the land (to be severed) in lieu of the conveyance, for the purpose of determining the amount of the payment, the value of the land shall be determined as of the day BEFORE the day the provisional consent was given

And Whereas the Value of the "SEVERED" parcel must reflect the value "PRIOR" to the severance, calculated on the area of the severed parcel ( "Consent" applications only)

And Whereas an evaluation by assessment reflecting value AFTER consent application approval has been ruled "Improper" by OMB...M950085 M960008 Kidd vs Oso Twp. "There is no basis in the planning act to require 5% of "Fair Market Value"

"Resolution of council adopting general "Park Levy" it is not sufficient"

It is not enough to rely on a resolution by council adopting a policy that all new lots be charged a FIXED amount because circumstances may vary from one case to another."

Therefore be it resolved that the draft bylaw presented June 26/01 is to "MIRROR" the model bylaw as supplied, and to supply municipal solicitor (Graham, Wilson & Green) with copies of both bylaws and the Clerk's comments of staff report dated January 18/02 to review and or correct as necessary to conform with the Ontario Planning Act and supply explanations for their conclusions. (Carried) (For-Blakelock, Corcoran, Cripps, Gill, McFarlane )

  • -Moved by Joanne Cripps, Seconded by Marty Corcoran, BE IT RESOLVED that the Council of the Township of Armour move into closed session at 10:40 P.M. in order to discuss legal matters pursuant to Section 55(5) (e) (f) of the Municipal Act. (Carried)


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  • -Moved by Joanne Cripps, Seconded by Gary McFarlane, That we move out of the closed session at 11:05 P.M. (Carried)


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  • -Moved by Joanne Cripps, Seconded by Rod Blakelock, That we continue beyond the 11:00 o'clock curfew. (Carried)


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  • -Moved by Joanne Cripps, Seconded by Rod Blakelock, That the Council of the Township of Armour hereby authorize the payment of invoice # 48812 in the amount of $ 315.30 to Graham, Wilson & Green. (Carried)


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  • -Moved by Joanne Cripps, Seconded by Rod Blakelock, The Council of the Township of Armour hereby authorize the payment of an honorarium (Xmas Bonus) to Lorie Haggart for her volunteer hours on the Community Policing Committee in the amount of $ 50.00 (Carried)
  • -Moved by Joanne Cripps, Seconded by Rod Blakelock, That we do now adjourn at 11:20 p.m. until the next regular meeting of Council scheduled for February 12, 2002, or at the call of the Reeve.(Carried)