November 5, 2012

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, November 5th, 2012 at 6:00 P.M.

There were present: Mayor: D. Cleroux

Councillors: S. Cote

C. Marcella

P. Tresidder

Works Foreman: B. Bigelow

Clerk-Treasurer: C. Bigelow

Fire Chief: D. Laitinen

By-Law Officer: K. Jones

Deputation: Mary Church – Sale of Land

Present: Jim Patrick, Larry Lupa

ADOPTION OF THE AGENDA

Motion 12-11-01 MOVED BY Cathy Marcella and SECONDED BY Pat Tresidder:

BE IT RESOLVED THAT Council approves the agenda for the regular meeting of November 5th, 2012 as presented with the following addition – October Financial Report Carried.

DECLARATION OF CONFLICT OR PECUNIARY INTEREST

ADOPTION OF THE MINUTES

Motion 12-11-02 MOVED BY Pat Tresidder and SECONDED BY Susan Cote :

BE IT RESOLVED THAT the minutes of the following Council Meetings be adopted as distributed: Regular Meeting – October 22, 2012

Special Meeting – October 25, 2012

with the following amendment re: Report on Bass Lake from Mayor Cleroux was distributed to Council. Carried.

ACCOUNTS

Motion 12-11-03 MOVED BY Susan Cote and SECONDED BY Pat Tresidder:

BE IT RESOLVED THAT THE General Accounts in the amount of $50,444.78 be passed and paid. Carried.

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

BE IT RESOLVED THAT THE Payroll in the amount of $12,617.37 for the month of October be passed and paid. Carried.

Motion 12-11-05 MOVED BY Pat Tresidder and SECONDED BY Susan Cote:

WHEREAS Section 239(2) states that a meeting or part of a meeting may be closed to the public if the subject Matter being considered is:

(a) a proposed or pending acquisition or disposition of land by the municipality or local board;

BE IT RESOLVED THAT Council agrees to reconvene in closed session at 6:05 p.m. to discuss the following matter; Offer of Purchase Carried.

Motion 12-11-06 MOVED BY Pat Tresidder and SECONDED BY Susan Cote:

BE IT RESOLVED THAT Council agrees to reconvene in open session at 6:22 p.m. without a report. Carried.

STAFF REPORTS

Works Department

Mr. Brian Bigelow advised that property owners who access their property on the trail off Kerr Lake Road objected to the obstruction placed on this section of the trail. Therefore, the trail has been repaired. The Clerk-Treasurer to advise Property Owners in this area they will be responsible for

cleaning up their properties if garbage is deposited on their land.

Mr. Bigelow enquired if Moose Lake Road should be upgraded. Council instructed him to place a “Not Maintained” sign as there are no residences located in this vicinity.

Motion 12-11-07 MOVED BY Cathy Marcella and SECONDED BY PatTresidder:

BE IT RESOLVED THAT Council approves the report provided by Mr. Brian Bigelow, Works Department, as presented: Carried.

Fire Department

– Chief Laitinen advised he met with Mr. Gaetan Plouffe and visited the Knights of Columbus Park.

Notices will be distributed to all tenants advising them to intal smoke detectors in each of their trailers.

– A Traffic Protection for Emergency Response Workshop was held October 25th, 2012. Traffic signs had to be replaced.

– First Aid and CPR courses will be offered December 1st, and 2nd, 2012.

– A meeting is scheduled for November 12th to review the Fire By-Law and Fire Permits.

– Mr. Tim Corbeil will provide a quote for the installation of the tower. The price of hose versus the price of installing the tower will be considered before making a decision.

– Volunteers attended a gas leak at the Bigelow property (former Agnico Refinery) – a seal was replaced.

– The Volunteers will decorate the Fire Hall this Christmas.

Motion 12-11-08 MOVED BY Pat Tresidder and SECONDED BY Susan Cote:

BE IT RESOLVED THAT Council approves the Fire Department Report provided by Chief Don Laitinen, as presented: Carried.

Administration

– The Office and Works Department will be closed November 12th, 2012 – Remembrance Day Holiday.

– The Integrated Accessibility Standard Regulation workshop report was distributed to Council, the Works Department and Fire Chief.

– Mrs. Josee Lacroix phoned to express her concern with Murphy Mill Road.

– The Clerk-Treasurer reported on a conversation with Ms Sarah Vereault, J.L. Richards & Associates Limited – FIT Program – Municipality cannot regulate this because of the Energy Act – Sharp Lake Park – require information regarding the operation of the gravel pit before proceeding with the process

– Chitaroni Subdivision – will communicate with Mr. Chitaroni with requirements in order to move forward with the subdivision application

Motion 12-11-09 MOVED BY Pat Tresidder and SECONDED BY Susan Cote:

BE IT RESOLVED THAT Council approves the report provided by the Clerk-Treasurer, as presented: Carried.

BY-LAWS

Motion 12-11-10 MOVED BY Cathy Marcella and SECONDED BY Pat Tresidder:

BE IT RESOLVED THAT the following properties be declared surplus:

Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, RP 54R-5613, Part Lot 9, Concession 4, Township of Coleman. Carried.

Motion 12-11-11 MOVED BY Susan Cote and SECONDED BY Cathy Marcella:

BE IT RESOLVED THAT By-Law No. 12-29 being a by-law to authorize the sale of land to David Duval and Pama-Lynn Duval be read a first and second time. Carried.

Motion 12-11-12 MOVED BY Cathy Marcella and SECONDED BY Susan Cote:

BE IT RESOLVED THAT By-Law No. 12-29 be read a third and final time and be passed and enacted. Carried.

Motion 12-11-13 MOVED BY Pat Tresidder and SECONDED BY Cathy Marcella:

BE IT RESOLVED THAT By-Law No. 12-30 being a by-law to authorize the execution of an agreement between the Corporation of the Township of Coleman and the Town of Latchford be read a first and second time. Carried.

Motion 12-11-14 MOVED BY Cathy Marcella and SECONDED BY Pat Tresidder:

BE IT RESOLVED THAT By-Law No. 12-30 be read a third and final time and be passed and enacted.. Carried.

BUSINESS ARISING FROM THE MINUTES

1. Nipissing Road – review

A discussion was held regarding Nipissing Road. Council expressed their concerns regarding the steep roll down on the hill should a motorist get into an accident or slip and slide during a freezing rain event. Closure versus guide rails were discussed – the cost of guide rails and upgrading would exceed $145,000.00. Closure would be for vehicles only – walkers and bicycles would continue to have access during the Summer months. The first step is to identify the location/length of the closure on GPS – this will be done this week. A notice will then be places in the newspaper and notification be forwarded to the School Board.

2. Town of Cobalt – FIT Program

Motion 12-11-15 MOVED BY Cathy Marcella and SECONDED BY Pat Tresidder:

WHEREAS Solaire Cobalt Solar Inc. (The “Applicant”) proposes to construct and operate a Ground Mount Solar (the Project”) on Pcl 17889, Pt 1 to 5 54R1287 Coleman (the”Lands”0) in the Township of Coleman under the Province’s FIT Program;

AND WHEREAS the Applicant has requested that Council of the Township of Coleman indicate by resolution Council’s support for the construction and operation of the Project on the Property;

AND WHEREAS, pursuant to the rules governing the FIT Program (the “FIT Rules”), Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to other persons applying for FIT Contracts;

NOW THEREFORE BE IT RESOLVED THAT Council of the Township of Coleman supports without reservation the construction and operation of the Project on the Lands.

This resolution’s sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. Carried.

3. Mayor Cleroux read letters from Hon. John Vanthof, MPP, regarding the OSWAP Funding Renewal.

NEW BUSINESS

1. Conferences: CCEAC meeting – November 7th, 2012

Regional Forum in North Bay – Building Healthy Communities

Sustainable Mobility Summit 2012

2. Resolutions:

– Municipal Employees overtime and holidays

Motion 12-11-16 MOVED BY Pat Tresidder and SECONDED BY Cathy Marcella:

BE IT RESOLVED THAT Municipal Employees be paid for 2012 overtime and holidays not taken during the year. Carried.

– Payment of accounts

Motion 12-11-17 MOVED BY Pat Tresidder and SECONDED BY Susan Cote:

BE IT RESOLVED THAT the Clerk-Treasurer be authorized to pay all accounts presented to the Township up to and including December 31, 2012. Carried.

– Property Standards Committee

Motion 12-11-18 MOVED BY Susan Cote and SECONDED BY Pat Tresidder:

BE IT RESOLVED THAT the Clerk-Treasurer be authorized to pay the honorarium to the Property Standards Committee for the year 2012. Carried.

– Weed Inspector

Motion 12-11-19 MOVED BY Cathy Marcella and SECONDED BY Pat Tresidder:

BE IT RESOLVED THAT Mr. Brian Bigelow be appointed Weed Inspector for the year 2013.

Carried.

– Transfer Surplus or withdrawal of deficit

Motion 12-11-20 MOVED BY Pat Tresidder and SECONDED BY Susan Cote:

BE IT RESOLVED THAT the Township Auditors be instructed to transfer surplus, if any, for 2012 to working capital reserve account, any deficit be withdrawn from working capital reserve account.

Carried.

– Ontario Northland – crossing upgrades costs – Mayor Cleroux will look into this mnatter, Council will defer their decision to the next meeting.

– Prism & Speaker – Remembrance Day

Motion 12-11-21 MOVED BY Susan Cote and SECONDED BY Pat Tresidder:

BE IT RESOLVED THAT the Clerk-Treasurer be authorized to pay the following ads for Remembrance Day: The Voice – $49.00

The Speaker – $82.00 Carried.

– Town of Latchford – PIL revenues

Motion 12-11-22 MOVED BY Cathy Marcella and SECONDED BY Pat Tresidder:

WHEREAS it is the studied opinion of the Council for the Township of Coleman that the present payment in lieu (PIL) revenues received for the Ontario Power Generation (OPG) Hound Chute Generating Station (GS) do not reflect the true value of that station;

AND WHEREAS efforts to resolve this unfair and unrealistic PIL through discussion with the Municipal Property Assessment Corporation have met with no success;

AND WHEREAS it has been determined that this inequity in payment stems from the archaic value of $86.11 per square metre for GS buildings that has been in place since the year 2000 with no consideration for station capacity;

AND WHEREAS it is the understanding that it is a general policy of the Province of Ontario to treat municipalities fairly; this method of providing PIL’s is anything but fair and the situation is further exacerbated with installation of new facilities under a “FIT” contract whereby no payment or control of these facilities are permitted to the community in which they are located;

AND WHEREAS every municipality in the Province of Ontario has witnesses dramatic increases in their assessments since the year 2000 and every property owner has been burdened with equally dramatic increases in their municipal taxes;

AND WHEREAS the Province of Ontario is compensated to the level of 26.5 percent of gross generated revenue from these referenced OPG owned GS, the value of that product (electricity) which has also increased dramatically since the year 2000 thereby enjoying a substantial increase in the revenues from these GS

BE IT RESOLVED THAT the Council for the Corporation of the Township of Coleman requests that an immediate review of the PIL values by the Ministry of Finance for the Province of Ontario so as to provide a fair payment to the municipalities in which OPG owned GS are situated and that they also review the PIL’s on Non Utility Generating stations so as to ensure they reflect current values.

Carried.

Township of Uxbridge – Council reviewed correspondence regarding access to high-bandwidth broadband

3. J.L. Richards – structural assessment of Municipal Building

Motion 12-11-23 MOVED BY Cathy Marcella and SECONDED BY Pat Tresidder:

BE IT RESOLVED THAT the Clerk-Treasurer be authorized to request that J.L. Richards provide the following Structural Assessment of the Municipal Building in the amount of $7,200.00 + HST.

Carried.

4. Purchase of fridge – the Clerk-Treasurer to check prices from other outlets before Council will make a decision.

Council reviewed the following correspondence:

5. Ministry of Infrastructure – Managing forfeited properties.

6. Cobalt Coleman Skating Club – Council approved the Cobalt Coleman Skating Club’s request for the use of the hall for their off ice sessions.

7. Commission for the Review of Social Assistance in Ontario correspondence – “Brighter Prospects” report.

8. Timiskaming Health Unit – a snapshot of public health

9. Timiskaming Forest – candidate protected sites on the Timiskaming Forest – a report prepared to address the requirements of FSC Canada’s National Boreal Standard

10 Robert Lacroix – Council approved Mr. Lacroix’s request for refund for 2011 snow removal fees.

11. Albert & Carol Chitaroni – Council reviewed correspondence regarding Portage Bay Lodge.

12. Gino Chitaroni – Mr. Chitaroni advised Council that, as of November 1st, they would be proceeding with burning waste forest wood located at their former dump at Portage Bay Lodge.

13. Temagami-Cobalt Corridor – Strategic Planning & LIC application

Motion 12-11-24 MOVED BY Pat Tresidder and SECONDED BY Susan Cote:

WHEREAS the Temagami-Cobalt Corridor Committee recommends a Strategic Planning Session for the Municipality of Temagami, the Towns of Latchford and Cobalt and the Township of Coleman;

BE IT RESOLVED THAT the Township of Coleman agrees to host the Strategic Planning Session;

Carried

Motion 12-11-25 MOVED BY Cathy Marcella and SECONDED BY Pat Tresidder:

WHEREAS the Temagami-Cobalt Corridor Committee recommends a Strategic Planning Session for the Municipality of Temagami, the Towns of Latchford and Cobalt and the Township of Coleman;

AND WHEREAS there will be costs incurred for the Strategic Planning Session;

AND WHEREAS funding may be obtained through the Temiskaming Community Futures Development Corporation;

BE IT RESOLVED THAT the Township of Coleman agrees to make application to the South Temiskaming Community Futures Development Corporation for the Local Initiative Contribution (LIC) program in the amount of $5,000.00;

AND FURTHER the Township of Coleman agrees to host the Strategic Planning Session. Carried.

14. Cobalt, Coleman, Latchford and Area Food Bank – concerns and request for donation

– This matter deferred to the next meeting.

COMMITTEE REPORTS

1. Bass Lake Committee

– Copies of the October 30th, 2012 minutes were distributed to Council. The next meeting will be held November 13th, 2012

2. Planning & Development

N/A

3. Public & Safety

N/A

4. Environmental

The Cobalt-Coleman Environmental Advisory Committee Meeting will be held November 7th, 2012 at 1:00 p.m.

5. Finance

– Councillor Marcella presented the October financial report. She advised the Bass Lake Trailer Park fee will have to be increased to absorb the costs incurred with the water system upgrades and a reserve should be set up for future expenses.

CORRESPONDENCE

– AMO – Watch File

Spark Change – Connections Energy Symposium

Investment Seminars

– HazMat – headline news

– Robert Hornung – Important information on property values and wind energy

– Temiskaming Hospital – Community Cancer Care Board update

– Erin Hammond – Small Systems – Fall Training Events

– Equipment Journal – recycling and demolition

– Canadian Environmental Protection – newsletter

– Earlton-Timiskaming Regional Airport Municipal Services Board – minutes & Financial report

– Ontario Onsite Wastewater Association – newsletter

– Heritage Matters – October issue

– The Weekly Detour

– OMERS – Employer News

– AMCTO – Municipal Minutes

– YCYC-VCVC – news release

– Ontario Tire Stewardship

– Earth Hour City Challenge

– Barbara Tole – thank you

IN CAMERA (CLOSED) SESSION

Motion 12-11-26 MOVED BY Cathy Marcella and SECONDED BY Pat Tresidder:

WHEREAS Section 239(2) states that a meeting or part of a meeting may be closed to the public if the subject Matter being considered is:

(a) personal matters about anidentifiable individual, including municipal or local board employees;

(b) a proposed or pending acquisition or disposition of land by the municipality or local board;

© advice that is subject to solicitor-client privilege, including communications necessary for that purpose;

BE IT RESOLVED THAT Council agrees to reconvene in closed session at 8:15 p.m. to discuss the following matter; Offer of Purchase

Legal Opinion

Clean Yard By-Law matters Carried.

Motion 12-11-27 MOVED BY Pat Tresidder and SECONDED BY Susan Cote:

BE IT RESOLVED THAT Council agrees to reconvene in open session at 9:10 p.m. without a report. Carried.

Motion 12-11-28 MOVED BY Pat Tresidder and SECONDED BY Cathy Marcella:

BE IT RESOLVED THAT Council approves the report provided by Mr. Ken Jones, By-Law Officer, as presented: Carried.

CONFIRMATORY BY-LAW

Motion 12-11-29 MOVED BY Cathy Marcella and SECONDED BY Pat Tresidder:

BE IT RESOLVED THAT By-Law No. 12-28 being a by-law to confirm certain proceedings of Council be read a first and second time. Carried.

Motion 12-11-30 MOVED BY Susan Cote and SECONDED BY Pat Tresidder:

BE IT RESOLVED THAT By-Law No. 12-28 be read a third and final time and be passed and enacted. Carried.

ADJOURNMENT

Motion 12-11-311-10-36 MOVED BY Pat Tresidder and SECONDED BY Cathy Marcella:

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

GENERAL ACCOUNTS

24141 Hydro One 1,214.20

24142 Yves Breault 3,533.04

24143 Kenneth Jones 50.00

24144 Accuracy Environmental 118.65

24145 Acklands Inc. 601.23

24146 Bartlett’s Auto Electric Ltd 124.21

24147 Bell Wireless Alliance 235.79

24148 Burl Regan 359.34

24149 CIBC 209.00

24150 Dist Tim Social Services Ad Bd 16,088.76

24151 Fire Safety Distributions Ctre 172.63

24152 Gabbani Courier Service 80.93

24153 Hydro One 1,694.59

24154 J.L. Richards & Associates Ltd 4,633.29

24155 Kemp Pirie 5,712.76

24156 Local Authority Services Ltd. 113.00

24157 Linde Canada Ltd. 72.54

24158 Miller Paving – Northern 79.15

24159 Minister of Finance 3,754.00

24160 North Coalt Flea Market 36.85

24161 OMERS 2,381.48

24162 Orkin PCO Services 73.45

24163 Pioneer Diesel Injection 772.11

24164 Receiver General – Payroll Ded 4,633.91

24165 Regional Maple Leaf Comm 276.85

24166 Rona Ontario 8.81

24167 Spectrum 2000 Communications 2,236.67

24168 Staples 663.37

24169 Temiskaming Office Pro 65.39

24170 TSC Stores 158.19

24171 Workplace Safety & Ins. Bd 637.36

24172 Xerox Canada Ltd 253.23

TOTAL $50,444.78

_____________________________________ ____________________________________

CLERK-TREASURER MAYOR