M I N U T E S
Regular Council Meeting
July 10, 2002 - 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 Pat Garside and Annette Fischer. Councillors David
Leask and Jim See were absent with notice. Lyn Garside, Road
Superintendent, and Bud May, Building Inspector, attended as well.
The Clerk provided Council with a copy
of correspondence received that day from Mr. J.P. Paciocco.
Moved by Annette Fischer 2002-78
Seconded by Pat Garside
Resolved that we do accept the Agenda,
as amended.
Council members reviewed the letter
from Mr. J.P. Paciocco suggesting the Minutes of the last meeting be
amended for further clarification.
Moved by Pat Garside 2002-79
Seconded by Annette Fischer
Resolved that we do approve the Minutes
of the meeting of June 5, 2002, as presented, while noting Mr. J.P.
Paciocco’s comments in his letter of July 10, 2002.
A group of individuals were present
with their solicitor, Mr. J.P. Paciocco, to address the proposed by-law
that dealt with changes to the entrance permit policy. Reeve Wood
invited Mr. Paciocco to speak on the group’s behalf. Mr. Paciocco
confirmed that the Clerk had provided him with a copy of the amended
by-law that Council would be reviewing that night. Mr. Paciocco advised
that his client had no objection to the revised by-law, especially since
it withdrew the requirement of a $1,000 deposit for each work site. Mr.
Paciocco did offer a couple minor suggestions regarding the wording and
Council was amenable to those changes. The Municipal Act authorizes
municipalities to charge property owners with expenses incurred as a
result of restoring a roadway to its former condition, should the
municipal road be damaged through the use of the property owner’s
entrance. The Municipal Act further authorizes that such costs may be
collected in like manner as taxes that are due and payable. Council
decided the onus would now be on property owners to ensure the road was
protected from damage when used by either themselves, or their
contractors. Therefore, any repair costs to damaged roads will now
become the financial responsibility of the property owner. It was
recommended that property owners protect their own interests by entering
into a signed agreement with any contractor, transferring the financial
culpability of any road damage to that individual. (Please note: the
entire by-law is available for viewing under Public Notices at http://www.stjosephisland.net/hiltontownship)
Moved by Annette Fischer 2002-80
Seconded by Pat Garside
Resolved that we do give first and
second reading to By-Law No. 752 being a by-law to establish conditions
regarding the installation of entrances on township roads.
Moved by Pat Garside 2002-81
Seconded by Annette Fischer
Resolved that we do give third and
final reading and pass By-Law No. 752 being a by-law to establish
conditions regarding the installation of entrances on township roads.
Tom Desjardin was present to address
Council regarding clarification of the "Seasonal Residential"
definition. In the Zoning By-law, "seasonal residential"
clearly states that such a residence must be in addition to the owner’s
principal place of residence and that winter maintenance is not provided
to these areas. Some of the older subdivisions were built on roads that
were never brought up to a standard where the municipality was prepared
to assume them. In those cases, year-round living would not be feasible.
However, every municipality on the Island does have ‘seasonal
residential’ developments built on roads that have been brought up to
the municipality’s standards, and the municipality has been providing
winter maintenance services. In these areas, many residents do live
there year-round. Municipalities, today, insist that roads in new
subdivisions be built to municipal standards. The question then, is
shouldn’t our zoning by-law be amended to allow for year-round living
in these areas? Council agreed the
definition needs to be reviewed and recommended it become one of the
issues to be addressed when the Official Plan is updated over the next
year.
Road Superintendent, Lyn Garside,
updated Council on the status of the construction projects. Considerable
work has been accomplished on the 20th Side Road and Canoe
Point Road in anticipation of the paving company’s expected arrival
during the week of July 22nd. Work in the coming weeks will
center on Base Line and the M and N Road. The second load of calcium has
been delayed until these roads are prepared to the state where gravel
can be laid. Calcium will then be deposited to enhance the base before
surface treatment is carried out. It was noted that the dry conditions
that have continued for so long have resulted in washboard effects on
some of the township roads. Until there is some significant rainfall,
any grading to combat the rough roads will only result in dusty
conditions and a loss of the already applied calcium.
A request was received from George
Willoughby, K Line, for our Roads Department to ditch and reroute the
water flowing onto his property, following the installation of a culvert
on the 20th. Council authorized the work to be done in
consideration of a nominal fee.
At a recent Road Superintendents’
meeting, all area roads personnel were informed they would have to take
part in a Surface Miner Certification course. The course is necessary,
according to the Ministry of Labour, for anyone working with
construction equipment.
Moved by Annette Fischer 2002-82
Seconded by Pat Garside
Resolved that we do authorize Lyndon
Garside, Road Superintendent, to attend the Surface Miner Certification
Training course to be held at Bruce Station Community Hall on August 27th
and 28th, 2002.
Notice was received from the Ontario
Municipal Board that a Continuation of Hearing had been scheduled for
11:00 a.m., Friday, July 26, 2002 at the Hilton Township Municipal
Building. The purpose of the hearing is to determine if the conditions
set at the original hearing in 1998, regarding the relocation of a
gravel pit boundary, have been satisfied.
Bud May, Building Inspector/By-law
Enforcement Officer, requested Council to once again review its trailer
by-law and consider some changes to further clarify the intent. A few
years ago this by-law was reviewed in conjunction with the other Island
municipalities. That review was intended to produce a uniform by-law for
the entire Island, however, agreement could not be reached by all four
parties and each municipality’s by-law was left as is. Bud’s view
was that Hilton Township should ensure its by-law reflects the
conditions it wants to see enforced. Council agreed and suggested Bud
and the Clerk prepare a draft by-law for Council’s review.
Reeve Wood read aloud a letter received
from Bud May, Building Inspector/By-law Enforcement Officer, notifying
Council of his intention to retire, effective January 1, 2003. Council
regretted losing Bud’s services but was appreciative of the ample
notice given. The Clerk was asked to schedule a meeting of the Building
and By-law Committee to make the necessary arrangements for the job
posting, etc.
Moved by Pat Garside 2002-83
Seconded by Annette Fischer
Resolved that we do accept, with
regret, the resignation of Bud May, Building Inspector/By-Law
Enforcement Officer, effective January 1, 2003.
The Clerk provided Council with a
summary of the New Municipal Act workshop she had recently attended. The
New Act is to take effect January 1, 2003. It will offer municipal
governments more flexibility in how they operate. Currently, if a
specific authority is not contained within the Act, that means we can’t
do it. The New Act allows municipalities to research other Acts and
Regulations and provided there are no restrictions, municipalities may
apply for Natural Person Powers, providing them with many of the same
rights as a natural person. Further, municipalities are granted
authority under 10 general spheres of jurisdiction which will allow us
to identify the sphere for our authority without having to find the
specific legislation. There will be a marked increase in responsibility
for advising the public of budget information; agenda content;
efficiency and effectiveness results; financial information. The
Province wants to ensure municipal levels of government are accountable
to their ratepayers. We were advised to put together a portfolio of our
roads, categorizing them as of this year as seasonal or
maintained/private or public, etc. The use of photographs was highly
recommended. The facilitators advised extensive training would be
required in the coming year for staff and council to stay apprised of
the many changes.
The final apportionment numbers were
received from the Algoma District Services Administration Board. There
were two methods detailed: the first was based on the regular method of
weighted assessment and the second took into effect the loss of
assessment for power dams and the government’s promise to compensate
those municipalities affected by the change. Adopting the second method
meant considerably less expense for the majority of participating
municipalities, while still resulting in an increase of $7000 over 2001
costs for our municipality.
Moved by Annette Fischer 2002-84
Seconded by Pat Garside
Whereas the introduction of Bill #140
removes assessment of power dams from municipal assessment rolls and
Whereas this removal of assessment impacts on the apportionment of the
municipal costs of the Algoma District Services Administration Board,
Therefore be it resolved that the municipality of the Township of Hilton
supports the Alternative Apportionment Model as developed and as
approved by the Algoma District Services Administration Board for
introduction in 2002.
The figures as outlined above for the
ADSAB costs were the main factor in delaying adoption of the 2002
Budget. The ADSAB costs pertain to Ontario Works, Child Care, Social
Housing, Ambulance, Ontario Disability Support programs. Some people
feel that we don’t (fortunately?) utilize these programs anywhere near
the extent that we are required to contribute ($214,000). Each
municipality’s levy is based on a weighted assessment which is
considered the fairest method of calculation. The $214,000 cost to
Hilton Township is subsidized by the government through the Community
Reinvestment Fund (CRF). The CRF reduces our payment by a significant
$135,000, leaving us with a final cost to taxpayers of $78,964 - still
substantial for a municipality our size, but nowhere near the full cost.
The budget includes a $100,000 allocation for the purchase of a newer
grader and it is anticipated that when the construction season slows
down, more time can be used to pursue the best deal with the money
available. Council adopted the budget, satisfied that we continue to
move ahead and are able to do so without any increase in the tax rate.
It was commented that due to the ongoing downloading and constant
changes, the days of tax decreases would seem to be gone. Being
able to maintain the same tax rate was considered a huge accomplishment.
Moved by Annette Fischer 2002-85
Seconded by Pat Garside
Resolved that we do adopt the 2002
Budget in the amount of $814,469.00.
The following resolutions were passed
to adopt the current estimates and tax rates.
Moved by Pat Garside 2002-86
Seconded by Annette Fischer
Resolved that we do give first and
second reading to By-Law No. 756 being a by-law to provide for the
adoption of the current estimates and tax rates and to further provide
for penalty and interest in default of payment thereof for 2002.
Moved by Annette Fischer 2002-87
Seconded by Pat Garside
Resolved that we do give third and
final reading and pass By-Law No. 756 being a by-law to provide for the
adoption of the current estimates and tax rates and to further provide
for penalty and interest in default of payment thereof for 2002.
One of the changes in the New Municipal
Act concerns council members retaining their one-third tax free
allowance. The new Act stipulates each council, each term, must declare
through resolution their intent to retain the allowance.
Moved by Pat Garside 2002-88
Seconded by Annette Fischer
Where subsection 255 (1) of the
Municipal Act, R.S.O. 1990, c. M.45, as amended, provides that one-third
of the remuneration paid to the elected members of councils and their
local boards shall be considered as expenses incident to the discharge
of their duties as members of council or local boards; and Whereas
subsection 255 (2) of the Municipal Act, R.S.O. 1990, c. M.45, as
amended, provides that the provisions of subsection 255 (1) shall only
continue to apply to members of council or its local boards after
January 1, 2003 if the municipality passes a resolution before January
1, 2002 stating its intention that the provisions of subsection 255 (1)
shall continue to apply to elected members of council and its local
boards; and Whereas the Council of the Corporation of the Township of
Hilton hereby deems it desirable to
continue the provisions of subsection 255 (1) of the Municipal Act
beyond January 1, 2003, Now, Therefore be it resolved that: it is the
intention of this council that the provisions of subsection 255 (1)
continue to apply to the elected members of this council and its local
boards on and after January 1, 2003.
The Clerk distributed copies of the
municipality’s financial statements, prepared by BDO Dunwoody, to
council. Council members were asked to review them prior to next month’s
meeting.
Council members were also provided with
copies of a newly drafted Peace Time Emergency Plan, prepared by Fire
Chief, Joe Books. Chief Books will attend the next meeting of council to
answer any questions members may have regarding the Plan.
A verbal request was received from a
Canoe Point Road resident, asking about hooking up to the Village of
Hilton Beach water service. Council acknowledged they would be willing
to grant an easement to the Village for accessing the property but that
any associated costs would be the responsibility of the resident.
Council reviewed a copy of a letter
sent to the Planning Board from Walker Engineering, who is acting on
behalf of the developer of Tenby Bay Estates subdivision. The Planning
Board does not meet again until late August and the developer was
requesting a special meeting be held to avoid any further delays. In
connection with the development, council once again reviewed the draft
plan and identified Lot 14 as the choice for its parkland entitlement.
A letter was received from the St.
Joseph Island Economic Development Office advising Chris O’Brien had
been hired as their youth intern. Chris will be working with the EDC for
the upcoming year and looks forward to meeting with all Island councils
in the near future.
Moved by Annette Fischer 2002-89
Seconded by Pat Garside
Resolved that we do approve the payment
of Township bills for the month of June, 2002 in the amount of
$90,437.85 as per Voucher No. 06-02. The bills were made up of the
following: Algoma District Social Services - $17,328.47; Administration
- $14,701.25; Algoma District School Board - $30,039.79; Algoma Health
Unit - $1,609.00; Building - $887.49; Fire - $744.55; Miscellaneous -
$3,633.98; Parks - $1,148.37; Police - $2,245.00; Recreation - $120.42;
Roads - $17,979.53.
Moved by Pat Garside 2002-90
Seconded by Annette Fischer
Resolved that we do adjourn, Council to
meet again on August 7th, 2002, or at the call of the Reeve.
_______________________________
Rodney I. Wood, Reeve
__________________________________
Valerie Obarymskyj, Clerk
Treasurer
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