M I N U T E S

Regular Meeting

 July 9, 2003 - 7:30 p.m.

Council met in the Meeting Room of the Municipal Building on the above date.  Present were Reeve Rod Wood and Councillors Annette Fischer, David Leask and Jim See.  Councillor Pat Garside was absent.  Lyn Garside, Road Superintendent attended as well.

Moved by David Leask                                                2003-111

Seconded by Annette Fischer

Resolved that we do accept the Agenda as presented.

Moved by Jim See                                                        2003-112

Seconded by Annette Fischer

Resolved that we do accept the Minutes of the meetings of May 27, June 4 and June 18, 2003, as presented.

The owner of Lot 7 Pt, Concession 15, attended the meeting to readdress an earlier request to purchase both the shoreroad allowance and unopened road allowance abutting his property (Twin Lakes area).  When Council originally reviewed the request, it was agreeable to selling the shoreroad allowance but did not want to sell the unopened road allowance.  There was a concern that despite the unlikely possibility the road would ever be opened, it did not want to put the municipality in the position where it no longer had that option.  Consequently, the owner presented Council with a second proposal to lease the unopened section of road and still purchase the shoreroad.  Council was amenable to the proposal, provided the authorizing agreement included conditions allowing future Councils to terminate the lease should opening the road become a possibility, as well as confirming no structures would be erected on the road allowance. Any legal costs related to the transaction would be the financial responsibility of the owner of Lot 7 Pt, Concession 15. The Clerk was asked to research typical lease payments and review the matter with the municipality’s solicitor.

Moved by David Leask                                                2003-113

Seconded by Jim See

Resolved that we do accept the quotation submitted by Gilbertson Enterprises for the gravel tender in the amount of $14,967.20 (including taxes).

The Clerk advised Council she had spoken with Doug Leask, Walker Engineering, who is acting on behalf of the owner of Lot 16, Concession Y (Big Point area) regarding the possibility of constructing a road linking Big Point Road to Jocques Bay.  Mr. Leask confirmed receipt of an earlier letter from the municipality advising Council requires written acknowledgement from the Ministry of Natural Resources that it is willing to deed to the Township, at no cost to us, sections of the adjacent crown lots in return for the unopened road allowance surrounding Deer Lake.  Mr. Leask was hopeful such acknowledgement would be received by the August 13^th council meeting.  In response to the municipality’s question, Mr. Leask explained that the Municipal Class Environmental Assessment is a provincial document that, from an environmental standpoint, addresses change of use affecting sewers/water/roads.  It was understood that any associated costs of such a study would be the financial responsibility of the owner of Lot 16, Concession Y.  Walker Engineering had been provided with a copy of the municipality’s by-law specifying the road standards that would need to be satisfied with any such road construction, and Mr. Leask confirmed his client was prepared to cover such costs.  Lyn Garside, Road Superintendent, advised Council he had walked the area of the proposed road with the owner and considered the terrain feasible for such use.

Council was provided with information from Ontario Good Roads Association (OGRA) recommending each municipality adopt a Level of Service Policy that clearly sets out the service that will be provided by the public works department, as well as, the time frame within which the service will be provided.  The benefit of such a policy includes not only informing ratepayers of the level of service they can expect but it would also help Council to determine at budget time what sort of funding is required to deliver that level.  OGRA is currently preparing information to help municipalities in the development of such a policy.

The Clerk advised Council she had not as yet received the shoreroad survey or the completed zoning application from the owner of Lot 8, Plan H562 (Ellwood Boulevard). 

Lyn Garside, Road Superintendent, advised Council that the preparation work for paving on the Base Line was complete.  Royel Paving will be in the area around the  week of July 21st and will resurface an additional kilometer along Base Line at an approximate cost of $20,000.  Roadside mowing will begin once the paving is complete.

Moved by David Leask                                                2003-114

Seconded by Annette Fischer

Resolved that we do give first and second reading to By-Law No. 788-03 being a by-law to appoint Jerry Shields as Deputy Fire Chief for the Hilton Union Fire Department.

Moved by Jim See                                                        2003-115

Seconded by Annette Fischer

Resolved that we do give third and final reading and pass By-Law No. 788-03 being a by-law to appoint Jerry Shields as Deputy Fire Chief for the Hilton Union Fire Department.

The Clerk advised Council that Fire Chief Joe Books had agreed to postpone the proposed change that would make local campgrounds subject to the same restrictions under a Restricted Fire Zone (RFZ) that apply to individual property owners. Currently, the MNR exempts organized campgrounds and parks from the restrictions and allows them to have campfires and charcoal BBQs, but only during certain hours and under strict controls.  The Clerk was asked by Council to obtain those regulations from the MNR and provide them to local campground owners to ensure they are aware of their obligations.  It was suggested that Chief Books periodically inspect such locations during RFZ periods to ensure the requirements are being met.

A notice was received from Meridian Planning Consultants advising the first Open House for the new St. Joseph Island Official Plan and Zoning By-law is scheduled for Saturday, July 26^th, from 10:00 am to 12:00 pm at the Richards Landing Town Hall.  The Open House will provide ratepayers with an opportunity to review background research and preliminary land use mapping. A second Open House has been scheduled for Saturday, September 13^th, from 10:00 am to 12:00 pm at the Hilton Community Hall.

Moved by Annette Fischer                                            2003-116

Seconded by Jim See

Resolved that we do authorize Rodney Wood, Reeve, to execute a Collaborative Agreement with Ducks Unlimited Canada regarding the enhanced wetland mapping and evaluation for Central Algoma.

Moved by David Leask                                                2003-117

Seconded by Annette Fischer

Resolved that we do approve the 2003 Planning Board Budget in the total amount of $65,018.00.

The Building Inspector’s monthly report was reviewed by Council.

Copies of correspondence to a local contractor as well as the owner of property in the Township addressing the need to obtain building permits prior to the commencement of construction were reviewed by Council.

Councillor Leask left the meeting at this time.

Moved by Jim See                                                        2003-118

Seconded by Annette Fischer

Resolved that we do authorize Valerie Obarymskyj, Clerk and Randy Gardner, Building Inspector/By-Law Enforcement Officer, to attend the Provincial Offences Workshop to be held in Sault Ste. Marie on Wednesday, August 13^th, 2003.

As the result of a local resident’s attendance at a previous meeting, the following resolution was passed regarding commercial fishing taking place in the Tenby Bay area.  The Clerk confirmed she had found record of several resolutions passed by previous Hilton Township Councils during the years 1979 – 1985 addressing similar concerns over commercial fishing in the area.

Moved by Jim See                                                        2003-119

Seconded by Annette Fischer

  WHEREAS the commercial fishing being conducted around St. Joseph Island by members of the Batchewana and Garden River Aboriginal Bands is of an abusive and unsustainable nature; and

  WHEREAS past Councils of this Township through negotiations with the local Ministry of Natural Resources (MNR) designated boundary lines off the shores of St. Joseph Island to have all commercial fishing restricted to beyond these boundaries; and

  WHEREAS these actions alleviated any conflicts between recreational boating and fishing and gave the commercial fishers large areas in which to fish; and

  WHEREAS the license to commercially fish was issued to a specific individual, and further restricted to helpers who had signed on as such with the Ministry of Natural Resources; and

  WHEREAS the same laws apply today to all fishers and helpers as well as requirements that all boats must have safety equipment on board as prescribed by law and may be checked by authorized officials and further, that all nets must be clearly marked to indicate the locations where they are set as well as the owners thereof; and

  WHEREAS licensed species quotas, harvest levels, areas on the lake, net sizes and mandatory reports of how much fish is sold, and to whom, as well as sizes of fish sold; are controlled by law; and

  WHEREAS under the operating practices of members of the Batchewana and Garden River Aboriginal Bands, we now have miles of gill nets set within one hundred and fifty yards of docks and homes and cottages on St. Joseph Island, devastating spawning fish such as pickerel and rainbow, with absolutely no enforcement or regulations to protect the resource or human recreational activities in these areas; and

  WHEREAS the tax payers of this Province already paid thousands of dollars to buy out existing regulated commercial fishermen; and

  WHEREAS members of the aforementioned bands are not subject to any regulations or enforcement measures by MNR officials; and

  WHEREAS the resource users are paying more and more every year for sport licensing with no managing tactics regarding the aboriginal fishing practices, going back into the resource; and

  WHEREAS it is the mandate of the MNR to protect both fish and wildlife;

  NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the Township of Hilton hereby petitions the Honourable Jerry Ouellette, Minister of Natural Resources to enter into an

agreement with the Aboriginal Bands of Batchewana and Garden River to control the unrestricted commercial fishing practice currently taking place off the shores of St. Joseph Island, in an effort to ensure public boating safety; reduce the conflicts with cottage and home owners; and first and foremost, to manage and protect the longevity of the limited resources; and

  FURTHER that a copy of this resolution be forwarded to the Association of Municipalities of Ontario; all Northern Ontario Municipalities; Brent St. Denis, MP – Algoma-Manitoulin; Mike Brown, MPP – Algoma-Manitoulin, and the Anishinabek/ Ontario Fisheries Resource Centre, in request of their support.

The long awaited figures from Algoma District Services Administration Board were received and presented to Council.  The ADSAB budget includes the cost of such programs as Ontario Works; Childcare; Ontario Disability Support Program; Social Housing; Emergency Medical Services; and Board costs.  The 2003 ADSAB budget increased marginally ($42,655), however, Hilton Township’s contribution increased significantly as a result of our climb in assessment. Our 2003 levy increased $27,000 over 2002 to a payment of $241,735.  That figure has been softened by a credit of $5,600 received this year relating to 2002 ADSAB costs – so actually, we only have to raise an additional $21,500.  This is an example of how increased assessment can have a negative effect on our budget.

The draft budget reviewed by Council at the meeting on June 18^th had been amended to include the ADSAB costs. The thinking at the start of the year was an increased assessment base should allow us to reduce the tax rate; however, the increased social services costs, along with increased insurance, fuel and heating costs have restricted that decrease to 1.1%.  Nevertheless, Hilton Township is one of the few area municipalities decreasing its overall tax rate this year and we continue to charge one of the lowest rates in the Algoma area.  A history of our tax rates over the last six years is detailed on the last page of these Minutes.  Many homeowners, especially those enjoying the waterfront, will not see the benefit of the tax rate decrease because their individual assessment has climbed.  This is a result of the increase in market value for such properties, as determined by the Municipal Property Assessment Corporation.

Moved by Annette Fischer                                            2003-120

Seconded by Jim See

Resolved that we do adopt the 2003 Budget in the amount of $623,300.00.

( 2003 Tax Rate Comparison Link  . . . Click here )