April 11, 2011

Minutes of the Regular Meeting of the Council of the Township of Coleman held at the Council Chambers, 937907 Marsh Bay Road, Coleman Township, Ontario on Monday, April 11th, 2011

There were present: Mayor: D. Cleroux

Councillors: S. Cote

C. Marcella

L. Perry

P. Tresidder

Works Foreman: D. Dufresne

Clerk-Treasurer: C. Bigelow

Fire Chief D. Laitinen

By-Law Officer: K. Jones

 

Deputation: Ross Latter, Kevin Carmody and Danielle Girard -2010 Municipal Audit

Dennis Hakola – Coleman Water Distribution System

Marsh Bay Conservation Association – request for information regarding the Coleman Water Distribution System

Larry Wiwchar – Home page and Official Plan and Zoning by-Law

Present: Betty Stone, John Olson, Ronald Mitchell, Kathy Hakola, Elizabeth Foley, Rachel Tessier, Gertrude Meunier, Emma Laughlin, Christine Traimer, J. Matheson, Sue Bujold, Mario Bujold, Jack McAndrew, Brian Hughes, Tom Adshead, Al Marcella, Kelly Hearn, Perry Armstrong, Marie Gutscher, Gary Bigelow, Dennis Kelly, Harold & Edith Alberta, Paul Pinkerton, Linda Males, Lloyd Males, Larry Lupa, Jim O’Brien, Bud Berry, Doug McLeod, Bill Sutton, Yves & Trina Breault, Daren Ridley, Tammy Ramsay, Rory Ramsay, Jackie Ramsay, Peter Sorenson, Lonnie Bumstead, A. Desormeaux, Margot Sawyer, Brian Ames, Nathalie Goudreault, Randy Gervais, Marcel Meunier, Hans Traimer, Josh Bumstead, Dean Karn and Karen Laffrenier.

Motion 11-04-02 MOVED BY Pat Tresidder and SECONDED BY Lois Perry:

BE IT RESOLVED THAT the minutes of the following Council Meetings be adopted as distributed:

Regular Meeting – March 14, 2011

March 28, 2011

Special Meeting – March 15, 2011

March 22, 2011

March 30, 2011

April 4, 2011 Carried.

Motion 11-04-03 MOVED BY Cathy Marcella and SECONDED BY Susan Cote:

BE IT RESOLVED THAT THE General Accounts in the amount of $234,814.42 and Payroll in the amount of $10,696.20 be passed and paid. Carried.

Councillor Cote requested that the March 28th, 2011 minutes be amended by removing comment made during the break. Minutes will not be taken during breaks of future Council meetings.

Councillor Tresidder declared a conflict of interest with matters dealing with the Coleman Water Distribution System.

Mr. Ross Latter was in attendance to present the Township of Coleman’s 2010 Audited Statement

Mr. Latter reviewed the consolidated statement of financial position and statement of operations as well as the notes to the financial statements. He also read a letter he prepared which included an overview of the financial position and discussion points. Mr. Latter advised Council to move one waste site reserve to another reserve, provide for a water connection fee rate, add the water charges to the tax roll and prepare a five year capital project plan. Council approved the terms of Kemp Elliott & Blair’s terms of engagement to audit the consolidated financial statements of the Township of Coleman and the financial statements of the Township of Coleman as of December 31, 2010.

Mr. Dennis Hakola was in attendance to address Council with respect to the water system costs. Mr. Hakola is not interested in dividing the Township but wants to emphasize that it has been a long standing iron clad rule in this Township and elsewhere that the Water Users pay for all the costs of the water and its infrastructure as non water users are obligated to pay for their own water systems.

The original funding agreement with the Provincial and Federal governments stated that the Coleman Water Distribution System is funded on a user pay cost recovery method. A letter sent to Water Users on July 30, 2010 advising them that their cost for the project would be approximately $8,217.80 and that the debt was not personal but attached to the property and transferable. Minutes reported that Council agreed to add the capital cost of the water project to the monthly water bill.

– The Ministry of the Environment guidelines states “Ensuring users pay for the services they are provided leads to equitable outcomes and can improve conservation.

– The Municipal Act states “The Act permits a local municipality to impose a charge by by-law on owners or occupants of land who will or may derive a benefit from the construction of water works being authorized in a specific benefit area.

– The Ministry of Municipal Affairs Advisor advised that if Coleman Council passes a motion and a by-law that has non users paying a part of the cost of the water project, it is definitely a breach of the application/contract.

Mr. Hakola requested that, before passing a by-law imposing a fee or charge, the municipality shall:

– hold a least one public meeting

– ensure a minimum of 21 day notice

– set out the intention of the municipality and the information

– make available a description of the service, estimate of costs, amount of fee charged, rationale for imposing the fee.

Mr. Bud Berry and Mr. James O’Brien spoke not on behalf of the Marsh Bay Conservation Association but on their own behalf. They advised they had the same request as Mr. Hakola.

Mr. Berry wanted information regarding Council’s decision with respect to the cost recovery of the Coleman Water Distribution System project. The Water Users’ assessment may be different but they receive benefits from the water system with respect to having potable water delivered to their residences and fire protection provided by fire hydrants which reduces their insurance costs. In Mr. Berry’s opinion, the costs should be added to the land and the project costs should be paid by the users.

Mayor Cleroux advised that Council has not drawn any conclusion with respect to the Coleman Water Distribution System – Council is still in discussion and no concrete decision has been reached. He stated that the prior Council had made no plans nor had they provided any answers to Water Users. As fire hydrants are used by the fire department , the municipality should pay for some fire hydrants and the water they use to fight fires. A meeting has been held with the Town of Cobalt to set water rates. Council needs to seek legal advice prior to passing any by-law for the Coleman Water Distribution System. Addressing Coleman taxpayers is premature at this time.

Mayor Cleoux invited Councillor Marcella to make a short presentation.

Councillor Marcella advised that there are many rumours going around and that Council will provide the information when they have it. The cost structure of the Coleman Water Distribution System is being reviewed. The municipal usage of the water should be metered as it is being used by the firefighters when required. They used to get the water from the pump house but now prefer to get the water from the closest Coleman meter – this is preferable to getting water at a lake due to debris being pumped through their pumps. In the past, water users paid for the fire department water usage.

The Coleman Water System project was funded by the Provincial and Federal Governments. In addition NOHFC topped the funding to 90% of the cost of the project. Water Users have paid lots of money for water over the years. The Municipality had an obligation to ensure that reserves were set aside. Due to increased consumption, water rates escalated.

Council has had many discussions regarding user fees, water rates and taxes. Since Water Users use the water more, should they pay more than the municipality which uses the water too? It is Council’s intention to do this fairly as it increases the quality of life for all the municipality. Two businesses are located on the system which provides an opportunity for the municipality to grow in the future. The past Council was remiss as they did not pass a “Notice of Intent” by-law for the project.

As the municipality has funded the surface treatment for two municipal roads in the past two years, Councillor Marcella suggested that the municipality should fund the surface treatment for the 12.5 km of road in the Water Distribution system area as it is an improvement and benefit for the whole municipality – no grading, dust control etc.

Council has reviewed three scenarios:

The municipality would borrow the whole amount of $402,000.00 which represents 10% of the project

1. A 50/50 split which represents $2,800.00 per month – Water Users’ cost – $351.00/year

Tax Payers’ cost – $ 34.33/year

2. Pay from the point of demarcation which represents – Water Users’ cost – $126.00/year

Non Users’ cost – $ 83.00/year

3. 100% recovered by the whole municipality – $63.00/year.

Mr. Doug McLeod advised the past council did not listen to Water Users and Water Users were not given the option of accepting or refusing this project.

Mayor Cleroux reiterated that Council is still in discussion, they are going through the process. A public information meeting will be held and he welcomes any input from the community. The Clean Water Act, the Environmental Protection and Municipal Act will all be taken into account in preparing this by-law and the by-law will receive its 1st and 2nd reading at one meeting and the 3rd and 4th reading at the following regular meeting of council.

All are welcomed to come to the municipal office and/or approach Council to address their questions and concerns and request information at any time.

Mr. Larry Wiwchar was in attendance to present at letter prepared for Council

– He commended Council is their decision to object to the herbicide spraying by Hydro One and Ontario Northland Railway.

– He enquired if the second cost of surface treatment would be applied this summer – Council agreed.

– The Provincial government is removing all historical records from the Land Titles Office In Haileybury – Council agreed to solicit the TMA and Temiskaming Mayors action group to lobby the prevention of this move.

– Council agreed to publish a calendar of Coleman Council and Committee meetings and related topics as well as draft agreements and proposal topics.

– Refrain from talks with Cobalt, as well as agreements which relate to issuing building permits and zoning for the Contributing Watershed to Sasaginaga Lake, IP zones 1,2,3 until informed input has been received from affected land owners and Coleman residents in general – Mayor Cleroux disagreed but advised Council would consider the Township of Coleman first in any negotiations.

– Arrange timely meetings to open the files and the legal advice received to date regarding the Cobalt Water Act 1917. Provide copies of the MOE Town of Cobalt and Township of Coleman Draft Assessment report. Facilitate meetings with citizens, the MOE, Timiskaming Health Unit and Doctor Logan. Advance ways and means to abolish the Cobalt Water Act of 1917. Mayor Cleroux advised the Township and Town are negotiating an agreement which will require an amendment to the original agreement to protect the water shed. Mayor Cleroux will seek legal advice with respect to opening municipal legal files

Comments:

Mr. Wiwchar insisted that the public be informed before decisions are made by Council on any of these matters.

Mr. Bill Sutton – Paved Roads are the responsibility of all tax payers – not just Water Users.

Mr. Doug McLeod – The Cobalt Water Act is no longer required and should be abolished –

Mayor Cleroux advised an Order In Council might be used to get rid of the Cobalt Water Act in parliament.

Motion 11-04-04 MOVED BY Lois Perry and SECONDED BY Susan Cote:

BE IT RESOLVED THAT By-Law No. 10-08 being a by-law for establishing tax ratios for 2011 be read a first and second time. Carried.

Motion 11-04-05 MOVED BY Lois Perry and SECONDED BY Susan Cote:

BE IT RESOLVED THAT By-Law No. 11-08 be read a third and final time and be passed and enacted. Carried.

Motion 11-04-06 MOVED BY Lois Perry and SECONDED BY Susan Cote:

BE IT RESOLVED THAT By-Law No. 11-09 being a by-law to amend By-law 10-37 being a by-law to govern the proceedings of Council, the conduct of its members and the calling of meetings be read a first and second time. Carried.

Motion 11-04-07 MOVED BY Lois Perry and SECONDED BY Cathy Marcella:

BE IT RESOLVED THAT By-Law No. 11-09 be read a third and final time and be passed and enacted. Carried.

Motion 11-04-08 MOVED BY Cathy Marcella and SECONDED BY Pat Tresidder:

BE IT RESOLVED THAT By-Law No. 11-10 being a by-law to confirm certain proceedings of Council be read a first and second time. Carried.

Motion 11-04-09 MOVED BY Cathy Marcella and SECONDED BY Pat Tresidder:

BE IT RESOLVED THAT By-Law No. 11-10 be read a third and final time and be passed and enacted. Carried.

Committee Reports

Coleman Fire Department

– Chief Laitinen advised he responded to a call at the Oblin cabins due to a finishing nail being put through a wire.

– Wild Fire and forest fire agreement training will be held April 16th, 2011.

– Quotes for a pumper were submitted to Council

– Chief Laitinen recommended two new volunteer firefighters be added to the roster.

Motion 11-04-10 MOVED BY Lois Perry and SECONDED BY Susan Cote:

BE IT RESOLVED THAT the following be accepted as Volunteer Firefighters to the Coleman Fire Department: Yves Breault

Joshua Bumstead Carried.

Motion 11-04-11 MOVED BY Cathy Marcella and SECONDED BY Susan Cote:

BE IT RESOLVED THAT Chief Laitinen be authorized to purchase one new 2009/2010 Dependable ULC TESTED Heavy Duty Commercial Pumper in the amount of $190,000.00 plus applicable taxes. Carried.

By-Law Officer

– Mayor Cleroux advised a portion of the next regular will be closed to discuss hiring an animal control officer and other personal matters regarding properties in the Township.

Works Department

– Mayor Cleroux advised the road at the back of the municipal complex should be barricaded for the time being.

– Mr. Dufresne advised the works department has upgraded their First Aid training and 1st aid kits have been purchased for the equipment.

– Mr. Dufresne requested that the summer student be hired the 1st or 2nd week in May – Council agreed.

– Mr. Al Legros, Georgia Pacific, has advised there will be approximately 1,000 loads of timber taken from Hound Chutes – therefore the surface treatment on Coleman Road should be delayed until this project is completed. Mr. Legros advised the Company will maintain the road until the end of the hauling – grading, resurfacing and dust control. Councillor Tresidder and Mr. Dufresne will meet with Mr. Legros to discuss this arrangement.

– Mr. Darcy Smith will be submitting his account which he has not presented since last September. Mr. Dufresne will obtain a quote for the repair of the Kenworth plow.

– The Clerk-Treasurer to prepare a motion for the next regular meeting for the single surface treat on Gillies Lake Road and a portion of Portage Bay Road.

Coleman Water Distribution System

The Golder Associates summary of stope remediation on the Lower O’Brien Road was reviewed by Council.

Bass Lake Committee

Mayor Cleroux has received complaints about the washrooms at Bass Lake Park. Works Foreman Dufresne will pad lock the doors to the washrooms.

The Bass Lake Park and Coleman Fire Department By-Law review meeting has been postponed to April 27th, 2011.

The Clerk-Treasurer to advise the Bass Lake Cabin Renters that inspections will be conducted on the cabins, water to the cabin has been discontinued and Council will be reviewing the annual/weekly rent for the cabins prior to the season opening.

Finance

– January and February financial reports were presented to Council.

– Council reviewed correspondence received from Ms Grant, CIBC, regarding a loan inquiry for the water project and purchase of a fire truck. Council will make a decision regarding this matter at a later date.

Public & Safety

– Councillor Tresidder and Works Foreman Dufresne will meet with Mr. Bill Ramsay to discuss the Tri-Town Sno Travellers use of the Clear Lake Road for the main A-Trail.

Unfinished Business

The Clerk-Treasurer to prepare the Pesticides” by-law for the next regular meeting of council.

Mayor Cleroux advised a meeting is schedule for the Cobalt Coleman Public School during which he will speak about matters concerning arsenic and Mayor Sartoretto will speak about other matters.

Correspondence received from the City of Temiskaming Shores regarding snow removal and the Sharpe Lake Road turn around area was reviewed by Council. The Clerk-Treasurer to advise the City of Temiskaming Shores that the Township of Coleman will not be maintaining this private road at any time in the future.

Council reviewed correspondence received from the Metis Nation of Ontario. Correspondence to be forwarded to Mr. Windsor, Municipal Planner.

Councillor Perry declared a conflict of interest with matters dealing with the Speaker.

Councillor Cote requested that the Clerk-Treasurer discuss with the Auditor the possibility of getting the HST refund quarterly rather than annually.

New Business:

Conferences

– Latchford Dam – May 3, 2011

– Northeastern Ontario Water Works conference

– Training for Water Treatment Exam Prep Level 3 & 4

– Six Regional Forums for Municipal Accessibility Advisory Committees

– Fred Dean – Back to Basics Workshop

Motion 11-04-12 MOVED BY Pat Tresidder and SECONDED BY Cathy Marcella:

BE IT RESOLVED THAT the Clerk-Treasurer be authorized to purchase an ad in the Speaker for the annual Emergency Preparedness Guide in the amount of $72.00. Carried.

Motion 11-04-13MOVED BY Cathy Marcella and SECONDED BY Pat Tresidder:

BE IT RESOLVED THAT the Clerk-Treasurer be authorized to pay the Township of Coleman contribution in the amount of $2,655.00 to the Earlton-Timiskaming Regional Airport Municipal Services Board for 2011. Carried.

The Clerk-Treasurer to enquire about the telephone line to be installed to the Municipal Waste Site by Northern Telephone.

Requests for donations will be deferred until such time as the 2011 budget has been finalized.

– Cobalt Historical Society

– Pied Piper Kids show

Correspondence deferred to the next regular meeting:

– The Regional Municipality of Halton regarding HST Revenue

– The Wood Resolution

Council reviewed the following correspondence:

1. 2011 International Plowing Match final report

2. Ministry of Citizenship and Immigration – Lincoln M. Alexander Award 2011

3. Elizabeth Marshall – election year complaint

4. AMO – 2011 Peter J. Marshall Municipal Innovation Awards

Correspondence:

– AMCTO: Taxing Maters

– AMCTO: Advice to Members on Ontario’s 2011 Budget

– AMCTO: education and Development Edition

– AMO: Watch File

– AMO: Report to Members

– Cobalt Classic Theatre: More on the Lost Fingers

– Cassels Brock Municipal Planning & Environmental Law Group

– Federated Press: Municipal Communications

– Grant Thornton: 2011 Ontario Budget

– Ground Force Training: Newsletter

– Ministry of Children and Youth Services

– Municipal World: April Issue

– Municipal World: 2011 Municipal Act

– FCM – Breaking News

– TeMAG – Forest Tenure Reform

– Metafore: Contest

– NeoNet: Wired News

– OFSC Communications: Trails Closed

– OGRA: 2011 Ontario Budget

– Rogers: Mobile Internet Devices

– TAB: Space Planning Toolkit

– TMA: Minutes January 27, 2011

– TMBA: Minutes April 1, 2011

– Temiskaming Chamber of Commerce: TAG Battle of the Brushes

Curves – 9th Annual Food Drive

– Temiskaming Municipal Association – minutes

Mr. and Mrs. Harold Albert requested that garbage be picked up in Mileage 104 the week before the May long weekend. Mayor Cleroux advised this matter would be addressed at the next regular meeting of council.

PAYROLL $10,696.20

GENERAL ACCOUNTS

22722 Uniongas $197.36

22723 Temiskaming Shores & Area $130.00

22724 Coleman Fire Dept $100.00

22725 Pedersen Concrete Inc $1100.00

22726 Uniongas $1339.47

22727 NorthernTel $410.01

22728 Ontera $16.89

22729 Gerry McGarry $750.00

22730 Kenneth Jones $50.00

22731 Dianne Desormeaux $400.00

22732 NorthernTel LP $201.14

22733 Don Laitinen $161.10

22734 Daren Ridley $45.00

22735 Acklands $197.02

General Accounts – con’t

22736 Bartlett’s Auto Electric $30.56

22737 Bluewave Energy/Mackey Fuel $339.35

22738 Campsall Electric $240.91

22739 CanadaCulvert $1998.97

22740 Carleton Uniforms $224.64

22741 Carswell $108.68

22742 CIBC $1378.97

22743 City of Timmins $155.68

22744 Claire Bigelow $446.83

22745 Cote’s Pole Line Inc $2781.50

22746 DSSAB $16350.20

22747 Earlton-Tem Regional Airport $2655.00

22748 Ebert Welding Ltd $30.85

22749 Electronic North Inc $723.09

22750 Fortier Beverages Limited $23.00

22751 Grand & Toy $1898.35

22752 Gabbani Courier Services $45.09

22753 Hydro One $1113.51

22754 Kemp Pirie $4672.73

22755 Linde Canada Ltd T4070 $72.54

22756 Minister of Finance $182.16

22757 Minister of Finance $3390.00

22758 MIS Insurance Services $34671.20

22759 MPAC $6540.85

22760 Mylo Blauth $471.21

22761 New Liskeard Sheet Metal $254.25

GENERAL ACCOUNTS continued

22762 North Cobalt Flea Market $98.92

22763 OMERS March 2011 $2527.80

22764 Orkin PCO Services Corp $67.80

22765 Pioneer Diesel Injection Ltd $1299.40

22766 Prism Publishing $206.79

22767 Purolator $29.95

22768 Receiver General – March 2011 $6338.46

22769 Reliance Home Comfort $43.36

22770 English Public School Taxes $57638.95

22771 French Public School Taxes $5041.79

22772 English Separate School Taxes $15384.77

22773 French Separate School Taxes $36599.87

22774 Sirius Benefit Plans March 2011 $3389.26

22775 Spectrum 2000 Communications $1381.76

22776 Temiskaming Speaker $441.49

22777 TIME Ltd $319.51

22778 Timiskaming Health Unit $12254.00

22779 Town of Cobalt $3183.26

22780 Township of Armstrong $561.00

22781 Tri-Town Automotive Ind $316.17

22782 Wayne’s Garage $834.16

22783 WSIB March 20110 $626.22

22784 Xerox Canada Ltd $331.62

Total $234814.42

Motion 11-04-14 MOVED BY Pat Tresidder and SECONDED BY Cathy Marcella:

BE IT RESOLVED THAT this meeting do now adjourn. Carried.

_____________________________________ ____________________________________

CLERK-TREASURER MAYOR