THE MUNICIPAL CORPORATION OF THE TOWNSHIP OF ARMOUR

MINUTES

January 27, 2004

The regular meeting of the Council of the Township of Armour was held on Tuesday, January 27, 2004 at 7:30 p.m. Those in attendance were Reeve Richard Thomas; Councillors Rod Blakelock, Jerry Brandt, Marty Corcoran, and Bob MacPhail; delegates; Lanny Dennis, Wayne Simpson Associates, planning consultant, Jim Mahoney, By-law Enforcement Officer; guests Linda May and Paul Smith, Phyllis Leggett, Ed Robinson, Karen Kowalchuk, Joanne Cripps, Raija Rosenthal, Frank and Diane Pellegrino, Matt and Sandy Zimmerman, Stefan Gerstweiler; and staff, Les Phinney, CRS-I. and Wendy Whitwell, Clerk Treasurer.

CONFIRMATION OF THE MINUTES OF THE PREVIOUS MEETING:

  • -The minutes of the January 13, 2004 regular meeting and the January 13, 2004 public meeting were approved by resolution as circulated

DECLARATION OF PECUNIARY INTEREST:

  • -Jerry Brandt declared pecuniary interest on item # 17, general nature thereof: fees and closed session election 2000.


  • -Bob MacPhail declared pecuniary interest on item # 27, Municipality of West Elgin requesting support regarding assessment of trailers; general nature thereof: owner/operator of campground.

DELEGATIONS:

Lanny Dennis, Wayne Simpson Associates, regarding a proposed zoning amendment for Smith & Judd, Concession 9, Part Lot 9, was not available for 7:30 p.m. Council heard this delegation after closed session. Lanny gave Council a verbal report on the history of the proposed development for this property and the applicants desire to remove the Holding zone on four parcels, to permit the expansion of the existing residence and the building of new residence. Council reviewed the following information: application to rezone, letter from Lanny Dennis dated November 6, 2003, maps of the area, hydrogeologic evaluation prepared by Jagger Hims for the subject property dated October 8, 2003, excerpts from the Armour Township zoning by-law and official plan and correspondence from the municipal planner Robert Miller pertaining to this application. Lanny detailed the frustrations they have incurred dealing with the Ministry of Environment in an attempt to get comments from them on this application. To date the Ministry of Environment have not been sent the technical report prepared by Jagger Hims. Municipal planner Robert Miller has indicated the necessity of receiving those comments, prior to the preparation of the zoning amendment.

Lanny discussed the Armour Township Official Plan and zoning by-law and the required separation from the landfill site and sewage lagoon. The clerk was instructed to forward the zoning application and Jagger Hims report to the Ministry of Environment.

Jim Mahoney, By-law Enforcement Officer. Closed Session

Les Phinney, CRS-I; Wendy Whitwell, Clerk Treasurer. Closed Session

Resolution passed to move into closed session at 7:32 p.m. was passed.

Resolution passed to move out of closed session at 8:30 p.m. was passed.

A resolution was passed accepting the proposal submitted by Jim Mahoney for by-law enforcement services for a one year term.

BUSINESS ARISING FROM THE LAST MEETING:

  • -A resolution was passed authorizing payment of the registration of three road department employees to attend the propane handlers certification course on January 15, 2004.
  • -Council reviewed an updated staff report dated January 19, 2004 regarding the central vacuum system. A resolution authorizing the purchase of a Beam Central Vacuum unit was passed.


  • -Council reviewed a staff report regarding the Katrine Community Centre fire alarm control panel. A resolution authorizing an expenditure of $ 216.00 plus tax for the panel to be equipped with monitoring alarm and message relay to the Burk's Falls Fire Department was passed.

BUSINESS ARISING FROM A PREVIOUS MEETING:

- Jagger Hims, Baseline Water Quality Assessment, request for authorization for Jagger Hims to proceed with exemption for providing treatment and testing at Doe Lake Park washrooms. Reeve Thomas asked Council to consider discussing water related issues with another individual by the name of Doug Heal, who has expertise in this field. Doug is available to attend a February meeting. Council will meet with Doug in February.

  • - A resolution was passed authorizing the purchase of signs warning of slightly elevated sodium levels in the water at the Katrine Community Centre and the municipal garage.

BY-LAWS:

  • -By-law # 06-2004, being a by-law to appoint a municipal auditor was read a first, second and third time.

REPORTS:

  • -Jan. 15th. POA. Minutes included in agenda package.


  • -Jan. 20th. Fire Board. Richard and Marty gave a verbal report. Fire prevention officer, John Stark reported to the committee on his activities.


  • -Jan. 21st, Arena. Minutes included in agenda package.


  • -Jan. 21st, Library. Rod gave a verbal report. The library board will be seeking Council approval to have three representatives from each municipality on the board. Attempts are being made to move re-arrange fixtures in the library to make more room. The library is outgrowing its location. The board is considering options including looking into moving to Land of Lakes school.


  • -Jan. 22nd, Steering Committee. Marty and Richard gave a verbal report. Presentation was made by the Women's Resource Centre in South River. Armour is to host the next meeting.

CORRESPONDENCE:

  • -Invitation to attend consultations in preparation of the next federal budget to be held Friday, January 30th, 2004 in Bracebridge. Councillor Brandt will attend.


  • -City of Sarnia, request for support of a resolution to ask the McGuinty government to review the current assessment system and correct a number of injustices that are occurring, to review

the "tax fairness legislation" that is mandating communities to shift the tax burden from multi-residential, industrial and commercial to residential. A resolution of support was passed.

  • -County of Oxford, request for support of a resolution to lobby the Province of Ontario and the Government of Canada to commit their fare share of funding through the OSTAR program for capital upgrade expenditures required to comply with the new Ontario Water Standards. A resolution of support was passed.


  • -Ontario Federation of Anglers and Hunters, requesting support of their position to petition the Province of Ontario to re-consider their decision not to reinstate the spring bear hunt. A letter of support will be forwarded.


  • -Invitation to the Annual General Meeting of the Discovery Routes, Thursday, January 29th, 2004, at Jack Pine Hill Upper Lodge. No one will be attending.


  • -Graham Wilson & Green invoice # 57489 in the amount of $ 216.10, a resolution was passed authorizing payment.


  • -AMCTO, training session, Emergency Management in Your Community, March 10, 2004 in North Bay. A resolution authorizing the registration of Reeve Thomas was passed.


  • -Blue Sky Economic Development Corporation, invitation to attend the Mayor's Luncheon on January 28th, at the Best Western, North Bay. No one will attend.


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


  • -Hydro One, notification of forestry maintenance program and the use of Garlon 4, scheduled to be used in our area commencing this spring. The clerk was instructed to prepare a resolution opposing the use of Garlon 4 for the next meeting.


  • -Bill Ayotte, Detachment Commander, Almaguin Highlands OPP, letter regarding the recent media coverage of the Ipperwash tapes, and this detachments embarrassment and regret regarding the actions of these officers.

UNFINISHED BUSINESS:

  • -ATV use of municipal roads - two sample by-laws were reviewed and the clerk distributed a draft by-law supplied by municipal by-law enforcement officer. The clerk also related information from the insurance company regarding liability issues.

McMurrich Monteith requesting support of a resolution requesting the Province of Ontario pass regulations permitting ATV vehicles to travel on public roads in the Province. This issue will be discussed at a future meeting.

NEW BUSINESS:

  • -Assessment of trailers in camp grounds. Reeve Thomas indicated that Councillor MacPhail had considerable knowledge on this subject and wished to give Council background information and would be declaring a pecuniary interest. Councillor MacPhail detailed the history of assessing trailers in campgrounds, and explained the problem with the assessment act and the possibility of omitted assessments for the years 2003 and 2004 being sent to camp grounds owners. He also explained how some municipalities are using Section 365 of the Municipal Act to forgive taxes. Council also reviewed an email from MPAC with information regarding this assessment process.

  • -Request for support of a resolution from the Municipality of West Elgin, requesting the Province pass regulation to exempt "omitted assessment" for trailers for the 2003 taxation year. A resolution of support was passed.


  • -MPAC - 2003 Market Change Profile report was reviewed by Council.


  • -MPAC, supporting information for the calculation of 2004 property assessment services and support costs was reviewed by Council.


  • -Community Reinvestment Fund (CRF) allocations for 2004. A resolution indicating the use of these funds was passed.


  • -On-Line Community Planning, web site maintenance contract for 2004 was approved by resolution.


  • -Proposed resolution to change the date of the second meeting in February was discussed and a resolution passed.


  • -Resolution authorizing the clerk to purchase copies of the New Municipal Act as amended to December 31, 2003 was passed.


  • -Municipal representation for Ward 4, District of Parry Sound Municipal Association was discussed, with no names coming forward from Armour.
  • -List of correspondence received and not on agenda.

  • -Councillor Brandt declared pecuniary interest and left the council chambers
  • -Resolution to move into closed session.


  • -Resolution to move out of closed session

RESOLUTIONS:

- Moved by Jerry Brandt, Seconded by Marty Corcoran, That the minutes of the regular meeting held on January 13, 2004 be adopted as circulated. (Carried)

- Moved by Jerry Brandt, Seconded by Marty Corcoran, That the minutes of the public meeting held on January 13, 2004 be adopted as circulated. (Carried)

- Moved by Jerry Brandt, Seconded by Marty Corcoran, BE IT RESOLVED That the Council of the Township of Armour move into closed session at 7:32 p.m. in order to discuss matters pursuant to Section 239 (b) (d) (e) (f) of the Municipal Act. (Carried)

- Moved by Bob MacPhail, Seconded by Rod Blakelock, That the Council of the Township of Armour move out of the closed session at 8:30 P.M. (Carried)

- Moved by Bob MacPhail, Seconded by Rod Blakelock, that the Council of the Township of Armour accept the proposal submitted by Jim Mahoney for by-law enforcement services for a one year term (February 2004 to February 2005 ). (Carried)

- Moved by Rod Blakelock, Seconded by Bob MacPhail, That the Council of the Township of Armour hereby authorize payment of an invoice from Preston Mechanical for three road department staff to attend the propane handlers course on Thursday, January 15, 2004, for a cost of $ 125.00, plus GST, per person. (Carried)

- Moved by Bob MacPhail, Seconded by Rod Blakelock, The Council of the Township of Armour hereby authorize the purchase of a Beam Central vacuum unit Model # 2775, as per the quote submitted by Blais Appliance Service. (Carried)

- Moved by Jerry Brandt, Seconded by Marty Corcoran, That the Council of the Township of Armour hereby authorize the additional expenditure of $ 216.00 plus tax for the fire alarm control panel for Katrine Community Centre to facilitate monitoring by Muskoka Fire Protection, with automatic relay to the Burk's Falls Fire Hall. (Carried)

- Moved by Jerry Brandt, Seconded by Marty Corcoran, That the Council of the Township of Armour hereby authorize the Clerk to purchase the required signs to post notice of the slightly elevated sodium levels in the water at the municipal garage and Katrine Community Centre.(Carried)

- Moved by Bob MacPhail, Seconded by Rod Blakelock, That leave be given to introduce a bill # 06-2004, being a by-law to appoint an auditor for the Township of Armour for 2004. (Carried)

- Moved by Bob MacPhail, Seconded by Rod Blakelock, That By-law # 06-2004 be read a second time. (Carried)

- Moved by Bob MacPhail, Seconded by Rod Blakelock, That By-law # 06-2004 be read a third time, signed and the seal of the Corporation affixed thereto and finally passed in open Council this 27th day of January, 2004. (Carried)

- Moved by Marty Corcoran, Seconded by Bob MacPhail, That the Council of the Township of Armour hereby support the resolution from the City of Sarnia and ask the new McGuinty government to review the current assessment system and correct a number of injustices that are occurring and to immediately review the so- called "tax fairness legislation" that is mandating communities to shift the tax burden from multi-residential, industrial and commercial to residential properties. Recorded Vote: opposed -Brandt, for - Blakelock, Corcoran, MacPhail, Thomas. (Carried)

- Moved by Rod Blakelock, Seconded by Bob MacPhail, That the Council of the Township of Armour hereby authorize support the resolution from the County of Oxford, regarding OSTAR Funding, and request the Province of Ontario and the government of Canada commit to their fair share of the funding of capital upgrade expenditures for water, ie. one third being paid by each level of government. (Carried)

- Moved by Bob MacPhail, Seconded by Rod Blakelock, That the Council of the Township of Armour authorize payment of the Graham Wilson & Green, invoice # 57489 in the amount of $ 216.10. (Carried) (Pecuniary interest declared by Brandt)

- Moved by Jerry Brandt, Seconded by Marty Corcoran, That the Council of the Township of Armour hereby authorize the registration of Richard Thomas to attend the Emergency Management In Your Community training session scheduled for March 10, 2004 in North Bay. (Carried)

- Moved by Rod Blakelock, Seconded by Bob MacPhail, That the Council of the Township of Armour hereby authorize a donation of $ 25.00 to the East Parry Sound Regional Science Fair for 2004. (Carried)

- Moved by Marty Corcoran, Seconded by Jerry Brandt, That the Council of the Township of Armour hereby support the resolution of the Municipality of West Elgin and request the Minister of Revenue pass a regulation to exempt the "omitted assessment" for trailers for the 2003 taxation year. (Carried) (Pecuniary interest declared by MacPhail)

- Moved by Bob MacPhail, Seconded by Rod Blakelock, BE IT RESOLVED, That the Council of the Township of Armour acknowledges their intent to use the CRF allocations they will receive for the direct benefit of taxpayers; and accepts the 2004 CRF allocations in accordance with the term and conditions (Conditions of Community Reinvestment Fund Allocations) as per the letter from the Minister of Finance dated December 19, 2003. (Carried)

- Moved by Jerry Brandt, Seconded by Marty Corcoran, That the Council of the Township of Armour hereby authorize the payment of the 2004 web site maintenance contract submitted by On-Line Community Planning Serviced Ltd. in the amount of $ 600.00. (Carried)

- Moved by Bob MacPhail, Seconded by Rod Blakelock, That the Council of the Township of Armour hereby change the date of the second meeting in February to Wednesday, February 25, 2004, and authorize the clerk to advertise this change. (Carried)

- Moved by Jerry Brandt, Seconded by Marty Corcoran, That the Council of the Township of Armour hereby authorize the Clerk to order 6 copies of the Municipal Act, amended as of December 31, 2003. (Carried)

- Moved by Bob MacPhail, Seconded by Rod Blakelock, BE IT RESOLVED That the Council of the Township of Armour move into closed session at 10:32 p.m. in order to discuss matters pursuant to Section 239 (e) (f) of the Municipal Act. (Carried)

- Moved by Bob MacPhail, Seconded by Rod Blakelock, That the Council of the Township of Armour move out of the closed session at 10:48 p.m. (Carried)

- Moved by Bob MacPhail, Seconded by Rod Blakelock, that the Council of the Township of Armour instruct the clerk to advise Graham Wilson and Green not to pursue the cost awarded to the Township of Armour for the application re the 2000 municipal election, as assessed. (Carried) (Pecuniary interest declared by Brandt)

- Moved by Rod Blakelock, Seconded by Bob MacPhail, That we do now adjourn at 11:00 p.m. until the next regular meeting of Council scheduled for February 10, 2004 at 7:30 p.m. or at the call of the Reeve. (Carried)