1 THE MUNICIPALITY OF NORTH PERTH COUNCIL AGENDA Date ...

Date: Monday, January 14, 2013 

THE MUNICIPALITY OF NORTH PERTH 

COUNCIL AGENDA 

Time: 

Location: 

7:00 pm 

Municipality of North Perth Council Chambers 

Pages 

1. CALL TO ORDER 

In accordance with Section 30.1 of the North Perth Procedural By-law 24-2012, please turn off 

your cellular phones or similar communiciation device during the meeting. 

1.1 Presentation of Medallions to the Peewee Legionnaires OBA D Champions and the 

Bantam Legionnaires OBA D Champions 

2. REGULAR MEETING: 

2.1 Disclosure of Pecuniary Interest and the General Nature Thereof 

2.2 Opening of Meeting; approve or amend the agenda for tonight's meeting 

3. CONSENT AGENDA 

Items listed under the Consent Agenda are considered routine, may require discussion but not 

action on the part of Council. Consent items are received in one motion. Council members may 

request that one or more items be removed for further action. 

3.1 North Perth Council - January 7th, 2013- Regular Council Minutes 3 - 12 

3.2 North Perth Cemetery Board December 7th, 2012 Minutes 13 - 17 

3.3 Listowel Business Improvement Area Meeting November 8th, 2012 Minutes 18 - 19 

3.4 North Perth Public Library Board Meeting December 11th Minutes 20 - 22 

3.5 Recreation Advisory Committee Meeting December 18th, 2012 Minutes 23 - 25 

3.6 Leona Aglukkaq, Minister of Health regarding Wind Turbine Noise 26 - 26 

3.7 Premier Dalton McGuinty regarding the Heads and Beds Policy 27 - 27 

3.8 Grand River Conservation Authority Minutes January 2013 Newsletter 28 - 29 

3.9 North Perth Committee of Adjustment - Notice of Hearing for Application A01/2013 30 - 30 

4. PUBLIC MEETINGS/PUBLIC HEARINGS/DELEGATIONS 

Communications (written and verbal) addressed to Council will become part of the public 

record 

5. REPORTS 

1

5.1 CAO 

5.2 Clerk 

5.2.1 Appointment of Closed Meeeting Investigator 31 - 37 

By-law 9-2013 will be available for consideration. 

5.2.2 Manitolin Transport Inc. - Rooftop Solar Panel- Request for Council 

Support 

5.3 Director of Recreation 

5.3.1 Wallace Community Centre and Listowel Memorial Arena - Concession 

Booths 

5.4 Director of Finance/Treasurer 

38 - 38 

5.4.1 Grant Funding Applications and Agreements 39 - 40 

5.4.2 Development Charges - Water Services for Lone Oak Subdivision 41 - 41 

5.5 Manager of Environmental Services 

5.6 Manager of Operations 

5.7 Fire Chief 

6. COUNCIL REPORTS 

6.1 January 10th, 2013 County Council Report 42 - 42 

6.2 Mayors Report for the month of December 2012 43 - 43 

7. CORRESPONDENCE 

8. BY-LAWS 

9. NOTICE OF MOTIONS 

10. OTHER 

10.1 Announcements 

10.2 Closed Session Meeting and Reporting Out 

10.3 By-law No. 10-2013 Confirmatory By-law 

11. ADJOURNMENT: 

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Page | 472 

Regular Council Meeting –January 7th, 2013 


Members Present: 

Staff Present: 

Others Present: 

Mayor Julie Behrns 

Deputy Mayor Vince Judge 

Councillor Ken Buchanan 

Councillor Matt Duncan 

Councillor Paul Horn 

Councillor Warren Howard 

Councillor Doug Kellum 

Councillor David Ludington 

Councillor Matt Richardson 

Councillor Meredith Schneider 

CAO Kriss Snell 

Clerk Patricia Berfelz 

Director of Finance/Treasurer Frances Hale 

Director of Recreation Steve Hardie 

Manager of Environmental Services Mark Hackett 

Deputy Clerk Danette Beare 

Perth County Senior Planner Allan Rothwell 

Reporter for CKNX Shelley Miller-Cameron 

Reporter for The Listowel Banner Andrew Smith 

1. CALL TO ORDER 

Mayor Behrns called the meeting to order at 7:00 p.m. 

2. REGULAR MEETING: 

2.1. Disclosure of Pecuniary Interest and the General Nature Thereof 

Paul Horn declared a conflict of interest with item Perth Meadows 

Accounts dated January 7th, 2013. 

2.2. Opening of Meeting; approve or amend the agenda for tonight's 

meeting 

3. CONSENT AGENDA 

Resolution No. 1.01/13 

Moved By: Warren Howard, Seconded By: Vince Judge 

THAT: 

The Agenda for tonight's meeting, as amended, be approved. 

Added Item 4.2 North Perth Public Library Strategic Plan 2013- 

2017 

CARRIED 

3.1 North Perth Council - December 17th, 2012 - Regular Council Minutes 

3.2 North Perth Building Report for the month of December 2012 

3.3 North Perth Building Report for the year 2012 

3.4 North Perth Public Library Board Meeting November 13th Minutes 

3.5 North Perth Joint Health and Safety Committee December 13th, 2012 

Minutes 

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3.6 North Perth Animal Control - Canine Report for the Month of December 

2012 

3.7 North Perth Police Services Board Meeting November 27th, 2012 

Minutes 

3.8 North Perth Committee of Adjustment - Application 09/12 

3.9 Maitland Valley Conservation Authority Board of Directors Meeting 

November 21st, 2012 Minutes, and the Maitland Source Protection 

Authority Meetings November 21st and September 19th, 2012 Minutes 

3.10 Grand River Conservation Authority General Membership Meeting 

November 23rd, 2012 Minutes 

3.11 MPAC - Assessment of Common Land within Residential Communities 

3.12 Mayors' Coalition for Affordable, Sustainable and Accountable Policing 

Newsletter 

3.13 Ministry of Citizenship and Immigration - Ontario Medal for Young 

Volunteers 

3.14 AMCTO - Danette Beare - Gradutation from the AMCTO's Executive 

Dipoma in Municipal Management 

3.15 Chad Snider - Request for Financial Support for a Film entitled "A Done 

Deal" 


Moved By: Paul Horn, Seconded By: David Ludington 

THAT: 

Consent Items 3.1 to 3.15 be received for information and the minutes of the 

December 17th, 2012 Regular Council Meeting be adopted. 

CARRIED 

4. PUBLIC MEETINGS/PUBLIC HEARINGS/DELEGATIONS 

4.1. Public Meeting for Zoning By-law Amendments 


Moved By: Warren Howard, Seconded By: David Ludington 

THAT: 

The Council of the Municipality of North Perth will proceed to a 

Public Meeting concerning a Zoning By-law Amendment 

application affecting property described as Lots 42 to 47 

Registered Plan No. 44M-33 North Perth. 

CARRIED 

The minutes are attached as Schedule “A”. 


Moved By: Warren Howard, Seconded By: Matt Richardson 

THAT: 

By-law No. 3-2013, being a by-law to amend Zoning By-law No. 

6-ZB-1999, as amended, be introduced, read and considered 

read a first, second and third time and be finally passed and that 

the said By-law be signed by the Mayor and the Clerk and sealed 

with the seal of the Corporation. 

CARRIED 

4

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5. REPORTS 

4.2. North Perth Public Library Strategic Plan 2013 to 2017 

5.1. CAO 

Julia Merritt, Interim CEO presented the North Perth Public 

Library’s Strategic Plan 2013 to 2017 for Council information. 


Moved By: Paul Horn, Seconded By: Matt Richardson 

THAT: 

The Council of the Municipality of North Perth receive for 

information the North Perth Public Library Strategic Plan 2013- 

2017. 

CARRIED 


Moved By: Matt Richardson, Seconded By: Paul Horn 

THAT: 

The Council of the Municipality of North Perth direct staff 

to examine the option of relocating the North Perth Public Library 

Monkton Branch to the E/L Community Centre and look at the 

cost associated with the possible addition to existing building. 

CARRIED 

5.1.1. Designated Substance and Asbestos Audit 

5.2. Clerk 


Moved By: Matt Richardson, Seconded By: Meredith Schneider 

THAT: 

North Perth Council accept the proposal from OH Solutions in the 

amount of $14, 900 + HST to provide designated substance and 

asbestos audits for municipal buildings and to develop an 

Asbestos Management Plan for the Municipality of North Perth. 

CARRIED 

5.2.1. Stratford-Perth Regional Interoperability Joint Committee 


Moved By: Meredith Schneider, Seconded By: Vince Judge 

THAT: 

The Council of the Municipality of North Perth appoints the 

following to the Stratford-Perth Region Interoperability Joint 

Committee: 

• Mayor or Designate 

• Chief Administrative Officer 

• Manager of Operations 

• Fire Chief 

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• Community Emergency Management Coordinator – 

Alternate 

• OPP Sergeant 

CARRIED 

5.2.2. Maitland Valley Conservation Authority and Grand River 

Conservation Authority Board Appointments 


Moved By: Vince Judge, Seconded By: Doug Kellum 

THAT: 

The Council of the Municipality of North Perth appoint Matt 

Duncan to the Maitland Valley Conservation Authority and the 

Maitland Source Protection Authority for 2013; 

AND FURTHER THAT: 

The Council of the Municipality of North Perth appoint George 

Wicke to the Grand River Conservation Authority for 2013. 

CARRIED 

5.3. Director of Recreation 

5.4. Director of Finance/Treasurer 

5.4.1. Accounts Payable Approval 

5.4.1.1.Accounts dated January 7th, 2013 


Moved By: Paul Horn, Seconded By: Ken Buchanan 

THAT: 

The following accounts are approved for payment: 

General Administration $318,223.92 

Business Improvement Association 5,194.38 

Day Care 1,866.09 

Fire-Administration 29,657.14 

Fire-Atwood Department 3,350.92 

Fire-Listowel Department 3,168.62 

Fire-Monkton Department 1,989.86 

Library 3,192.19 

Police 233,829.45 

Public Works & Sanitation-Capital 337,953.61 

Cemetery 2,112.83 

Drains 52,550.84 

Landfill 33,012.02 

Roads 65,128.18 

Sewer & Water 61,509.37 

Recreation 46,813.50 

Payroll # 26 158,421.71 

Payouts 33,788.50 

Fire Payroll 78,463.44 

Payroll #1 114,989.05 

Total $1,585,215.62 

CARRIED 

6

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Councillor Paul Horn left the meeting. 

5.4.1.2. Perth Meadows Accounts dated January 7th, 2013 


Moved By: Warren Howard, Seconded By: Matt Richardson 

THAT: 

The following accounts are approved for payment: 

Perth Meadows $ 7,333.82 

Total $7,333.82 

CARRIED 

Councillor Horn returned to the meeting. 

5.4.2. Report to the Members of Council – Initial Communication on 

Audit Planning 


Moved By: Paul Horn, Seconded By: Vince Judge 

THAT: 

The Council of the Municipality of North Perth receive for 

information the Audit Planning Communication document 

prepared by Grant Thornton. 

CARRIED 

5.4.3. 2013 Interim Tax Levy By-law 


Moved By: Meredith Schneider, Seconded By: Paul Horn 

THAT: 

By-law No. 1-2013, being a by-law to adopt the 2013 Interim Tax 

Levy be introduced, read and considered read a first, second and 

third time and be finally passed and that the said By-law be 

signed by the Mayor and the Clerk and sealed with the seal of the 

Corporation. 

CARRIED 

5.4.4. Amending By-law for the Rea Municipal Drain 


Moved By: Matt Richardson, Seconded By: Matt Duncan 

THAT: 

By-law No. 2-2013, being a by-law to amend By-Law No. 53- 

2012, for the construction of the Rea Drain, be introduced, read 

and considered read a first, second and third time and be finally 

passed and that the said By-law be signed by the Mayor and the 

Clerk and sealed with the seal of the Corporation. 

CARRIED 

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5.4.5. Tile Drainage Loan 


Moved By: David Ludington, Seconded By: Ken Buchanan 

THAT: 

The Council of the Municipality of North Perth approve the 

application for loan under the Tile Drainage Act for $22,600.00 

pertaining to Lot 4 Concession 16, Elma Ward, conditional on 

availability of Provincial funding. 

CARRIED 

5.6. Manager of Operations 

5.6.1. Structure (Bridge) Engineering 

6. COUNCIL REPORTS - None 

7. CORRESPONDENCE 


Moved By: David Ludington, Seconded By: Matt Richardson 

THAT: 

The Council of the Municipality of North Perth shall single source 

the structural engineering of E5 and W9 and further that Gamsby 

and Mannerow Engineering be appointed to proceed with the 

project in 2013. 

CARRIED 

7.1. Kinsmen Club of Listowel - Social Gaming Event on Friday, March 

8th, 2013 


Moved By: David Ludington, Seconded By: Matt Richardson 

THAT: 

The Council of the Municipality of North Perth approve the 

request from the Kinsmen Club of Listowel to run a Social Gaming 

Event and CF Information Night at the Kin Station on March 8th, 

2013 from 8 PM until 1 AM, as part of Paddyfest. 

CARRIED 

7.2. Kinsmen Club of Listowel - Paddyfest Parade on Saturday, March 

16th, 2013 


Moved By: Matt Richardson, Seconded By: Paul Horn 

THAT: 

The Council of the Municipality of North Perth grants permission 

to the Listowel Kinsmen to hold the Paddyfest Parade on 

Saturday March 16th, 2013 starting at 11:00 am. starting at the 

LTL parking lot, proceeding East along Main Street, turning at 

Wallace and heading North to Elizabeth, then proceeding East on 

Elizabeth up to Listowel Memorial Arena. 

CARRIED 

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8. BY-LAWS 

8.1. 4-2013 - Agreement with EFS - Plastics Inc. 


Moved By: Vince Judge, Seconded By: Meredith Schneider 

THAT: 

By-law No. 4-2013, being a by-law to authorize the signing of an 

agreement with EFS-Plastics Inc., be introduced, read and 

considered read a first, second and third time and be finally 

passed and that the said By-law be signed by the Mayor and the 

Clerk and sealed with the seal of the Corporation. 

CARRIED 

8.2. 7-2013 - Agreement with the Minister of Infrastructure - Criminal 

Court Lease 

Kriss Snell, CAO reviewed the lease agreement and indicated 

that a clause has been added giving North Perth Council the 

option to cancel the agreement with six months written notice. 


Moved By: Ken Buchanan, Seconded By: Warren Howard 

THAT: 

By-law No. 7-2013, being a by-law to authorize the signing of a 

lease agreement, be introduced, read and considered read a first, 

second and third time and be finally passed and that the said Bylaw 

be signed by the Mayor and the Clerk and sealed with the 

seal of the Corporation. 

CARRIED 

9. NOTICE OF MOTIONS - None 

10. OTHER 

Councillor Paul Horn left the meeting. 

10.3. By-law No. 8-2013 Confirmatory By-law 


Moved By: Matt Richardson, Seconded By: Vince Judge 

THAT: 

By-law No. 8-2013, being a By-law to confirm generally previous 

actions of the Council of the Municipality of North Perth; be 

introduced, read and considered read a first, second and third 

time and be finally passed and that the said By-law be signed by 

the Mayor and the Clerk and sealed with the seal of the 

Corporation. 

CARRIED 

Councillor Horn returned to the meeting. 

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11. ADJOURNMENT: 


Moved By: Meredith Schneider, Seconded By: David Ludington 

THAT: 

The Council meeting adjourns to meet again for general Council business on 

Monday, January 14th, 2013 at 7:00 p.m. 

CARRIED 

The meeting adjourned at 8:04 p.m. 

_________________________ 

MAYOR 

_________________________ 

CLERK 

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SCHEDULE “A” TO THE MINUTES DATED JANUARY 7 TH , 2013 

RECORD OF PROCEEDINGS OF THE PUBLIC MEETING HELD IN THE 

MUNICIPALITY OF NORTH PERTH COUNCIL CHAMBERS ON MONDAY, 

JANUARY 7 TH , 2013 AT 7:03 P.M. 

Present for the Public Meeting were all members of Council. (Mayor Behrns was the 

Chairperson.) 

Allan Rothwell, Senior Planner from the County of Perth Planning and Development 

Department indicated the purpose of the Public Meeting was to consider a proposed 

Zoning By-law amendment application submitted by Howick Homes, affecting 

property described as Lots 42 to 47, Registered Plan 44M-33. The amendment is 

required to allow the construction of two, four unit townhouses on six lots. 

Clerk, Patricia Berfelz indicated the notices inviting persons to the public meeting 

were mailed on December 18 th , 2012 by first class mail to landowners within 120 

meters of the area and the applicable agencies. The notice was posted by the 

Building Department on December 18 th , 2012, on the subject property and on the 

municipal website advising of the Public Meeting to consider the Zoning By-law 

Amendment. 

Mrs. Berfelz indicated that correspondence had been received from the County of 

Perth Planning and Development Department recommending approval. 

Chairperson Behrns requested anyone to speak in favour of this application. No one 

responded. 

Chairperson Behrns requested anyone to speak in opposition to this application. 

Arnold Bosman indicated he was concerned with the townhouse development. He 

indicated he prefers single family dwellings in this area. 

Cheryl Bailey was opposed to the proposed development and figures it will devalue 

her property. 

Bill Vinen, on behalf of Howick Homes indicated that the townhomes would be all 

brick and noted that there is a semi-detached dwelling across the street. 

Discussion followed regarding parking requirements and other locations available 

within the subdivision for this type of dwelling. 

Chairperson Behrns read a statement indicating that a person who wishes to appeal 

the decision of Council must make oral submissions or written submissions prior to 

the adoption of the by-law and explained the available options and rights of appeal 

to the public and Council. 

11

Page | 481 




Moved By: Matt Richardson, Seconded By: Meredith Schneider 

THAT: 

The Council of the Municipality of North Perth will hereby close the Public Meeting 

concerning a Zoning By-law Amendment application affecting property described as 

Lots 42 to 47 Registered Plan No. 44M-33 North Perth. 

CARRIED 

There being no further comments, the Chairperson declared the Public Meeting 

closed at 7:16 p.m. 

Patricia Berfelz, Clerk, Municipality of North Perth 

12

MINUTES 

NORTH PERTH CEMETERY BOARD 

Friday, December 7 th , 2012 

11:00 a.m. 

North Perth Municipal Building, Committee Meeting Room 

330 Wallace Ave. N., Listowel 

Members Present: Terry Seiler (Chairperson) 

Pat Demmerling 

Kathy Doig 

Vince Judge 

Absent: Jack Gibson 

Staff Members in Attendance: Mark Hackett (Secretary) 

Bonnie Berlett (Recording Secretary) 

Larry Morse 

Patricia Berfelz 

1 

1. Call to Order 

The meeting was called to order by Patricia Berfelz, Clerk at 11:03 a.m. 

2. Election of Officers 

The Clerk asked for nominations to elect a new Chairperson for the Board for 

2013. Vince Judge nominated Terry Seiler, seconded by Kathy Doig. Terry 

allowed his name to stand. There being no further nominations, nominations 

closed. Terry Seiler was declared Chairperson. All in favour. Carried. 

The Clerk asked for nominations to elect a Vice Chairperson for the Board for 

2013. Vince Judge nominated Kathy Doig, seconded by Pat Demmerling. 

Kathy Doig allowed her name to stand. There being no further nominations, 

nominations closed. Kathy Doig was declared Vice Chairperson. All in 

favour. Carried. 

Clerk, Patricia Berfelz left the meeting at 11:15 a.m. and Terry Seiler 

continued on as Chairperson with the meeting agenda. 

3. Approval of the Agenda 

It was moved by Kathy Doig, seconded by Pat Demmerling that the 

agenda be approved as circulated. 

MOTION CARRIED. 

13

MINUTES 



11:00 a.m. 



4. Declaration of Pecuniary Interest 

No declarations of pecuniary interest were declared. 

5. Adoption of Minutes 

2 

The minutes of the previous meeting held on June 13 th , 2012 were reviewed. 

It was moved by Vince Judge, seconded by Kathy Doig that the minutes 

of the June 13 th , 2012 meeting be approved as previously circulated. 

6. Cemetery By-law Update 


Mark Hackett indicated that the Cemetery By-law was filed and approved by 

the Ministry of Consumer Services effective October 3 rd , 2012. Staff would 

provide Larry Morse with copies to hand out to purchasers of interment rights 

as required by the Cemetery Act. 

7. Cremation Gardens – Phase 2 Report 

Mark Hackett indicated that 31 out of the 60 niches have been sold from the 

existing Phase 1 columbarium dome. The Phase 2 stage is to be a 72 niche 

columbarium dome with a proposed cost of $40,500.00. Mark pointed out 

that the eye level niches seem to be the most popular and proposed to the 

Board that they look at a tiered pricing to sell the remaining bottom rows in 

the columbarium. An example being $1,400.00 for top row; $1,300.00 for 

middle row and $1,200.00 for bottom row. The 3-tiered pricing would act as 

an incentive to use the balance of the rows. A discussion followed regarding 

the tiered pricing and the proposed Phase 2 columbarium project. It was 

noted that it would be better to use up the remaining rows in the existing 

columbarium at the existing prices which at the previous selling rate over the 

last two years would allow the availability of niches to be good for another 

year before commencing building of another one. The Board decided to 

delay the construction of the Phase 2-72 niche columbarium until 2014 in 

order to utilize the remaining bottom rows of the existing columbarium and to 

delay the discussion regarding the 3-tier pricing until 2014 as well. 

14

MINUTES 



11:00 a.m. 



3 

It was moved by Pat Demmerling, seconded by Kathy Doig to delay the 

construction of the Phase 2 – 72 niche columbarium dome to 2014 in 

order to utilize the remaining rows of the existing columbarium. 

8. New Cemetery Report 


Mark Hackett presented a layout map showing the road patterns of the new 

development area which is next to the new cemetery lands. Mark also went 

over the budget items from Rob Hilton of Hilton Landmarks Inc. Mark 

indicated that the drainage assessment is in progress as tubes for the water 

testing on the lands have been inserted at various locations. He noted that 

we are still waiting for information from Rob Hilton which will not be available 

until 2013. Mark also indicated that he has allowed $1,000.00 in the 2013 

budget for the proposed planting of 3 more trees. 

It was moved by Kathy Doig, seconded by Vince Judge for staff to 

proceed with the planting of 3 more trees along the roadside of the new 

cemetery property as soon as weather permits. 


With regard to the road pattern layout, Vince Judge noted that maybe the 

road should be extending from Hwy 23 north for a right-of-way. Vince Judge 

requested that the drawings should allow for a future road allowance buffer 

against the residential area for a possible eastern entrance to the cemetery 

property. 

9. Trowbridge Cemetery Report 

Mark Hackett advised the Board that a meeting had been arranged with Brent 

Whaley, the farmer that owns the farm land surrounding the Trowbridge 

Cemetery, to discuss matters concerning the restoration and boundary limits 

of the Trowbridge Cemetery property. It was agreed that the Municipality 

would mark 3 of the iron bar corners with cedar trees to mark out the 

boundaries and Mr. Whaley would be willing to work and level the area in 

order to assist us in planting a low maintenance ground cover. A letter was 

sent following the meeting to Mr. Whaley confirming the discussions at the 

meeting. 

15

MINUTES 



11:00 a.m. 



10. Financial Statement & 2013 Budget 

4 

In Frances Hale’s absence, the financial statement was presented by Mark 

Hackett for discussion. 

It was moved by Pat Demmerling, seconded by Kathy Doig to accept the 

financial statement as presented. 


Mark also presented the proposed 2013 Budget for discussion. Mark 

indicated that he had used a 5-year average to come up with the figures for 

the budget. It was noted that the turf maintenance had been increased to 

$9,000.00 to cover the extra costs of planting at the Trowbridge Cemetery. 

Salary figures were based on wage changes. The account for Contract 

Monument Repair Work was decreased as most of the monuments have 

been repaired. Allowance was made for 4 repairs to be done. It was noted 

that $2,000.00 was allowed for the Reserve fund for 2013. The figures for 

2013 represent a 1.8% increase. It was recommended that an additional 

$500.00 be added to Reserve and Grave Opening/Closing. It was decided to 

review our rates for next year and discuss a fee increase for Grave 

Opening/Closing at our next meeting. 

It was moved by Kathy Doig, seconded by Pat Demmerling to accept the 

proposed 2013 Budget as presented. 

11. New Business – Cowan Cemetery 


Bonnie Berlett advised the Board that due to correspondence and a 

questionnaire we received from MPAC, the Municipal Property Assessment 

Corporation, with respect to changes in legislation with respect to the property 

tax exemption of cemeteries, it has come to our attention that there is another 

cemetery called Cowan Family Cemetery located at East Part Lot 24, 

Concession 9, Elma Ward. It is marked on the assessment maps as “Old 

Grave Sites” and measures 3l.00’ frontage x 18.00’ depth along the road 

allowance. It is believed to be an old burial ground of the great grandparents 

of the Cowan family. There are no monument markers showing but members 

of the Hurst family who live beside the property have been cutting the lawn 

over the area and maintaining the roadside grass area. Bonnie provided an 

16

MINUTES 



11:00 a.m. 



5 

aerial and picture of the site area. Information from the Archives and Registry 

Office has been obtained and a file has been set up for future information and 

records. This is for information purposes only and nothing needs to be done 

at this point regarding the Cowan Cemetery. 

12. Next Meeting 

It was decided to have the next meeting at the call of the Chairperson. 

13. Adjournment 

It was moved by Vince Judge, seconded by Kathy Doig to adjourn the 

meeting at 12:40 p.m. 


______________________________ 

CHAIRMAN 

_____________________________ 

SECRETARY 

17

Listowel Business Improvement Area 

Meeting Minutes 

Nov. 8, 2012 

Directors Present – Sean Eaton, Warren Howard, Milt Corley, Fran Hale, John 

Moseley-Williams, John Kerr 

Staff – Kate Docker, Jamie Morgan, Kim Kowch 

Call to Order - Meeting called to order at 8:00 a.m. by Vice Chair Sean Eaton. 

Declarations of Pecuniary Interest – There were none declared. 

Approval of Minutes – The minutes from the Oct. 2 nd meeting were reviewed. 

It was moved by Warren Howard, seconded by Milt Corley THAT the Oct. 2 nd 

BIA minutes be approved. 

MOTION CARRIED 

Business Arising from Minutes – Sean has talked to Gayle about working with the 

Retail Merchants. 

Downtown Snow Removal - Jamie Morgan explained that snow bank removal in the 

downtown core has been done since 2010. It was questioned why the sidewalks are 

not done by the municipality. Jamie replied that we have the equipment and he will take 

the request to council. Merchants will be made aware that there is sand in the mixture 

and it will be tracked into stores. He should have an answer from council by the next 

BIA meeting. 

Suggestions for BIA Projects/Goals – Kim handed out a brief overview of the BIA 

handbook that is available on the Ministry website. The Community Improvement Plan 

gives some specifics such as marketing, urban design, parking, by-law enforcement, 

etc. Also, part of the CIP is a Streetscape Plan which is a separate document with 

options to be considered. The Strategic Plan had public input and implementation is 

starting on a number of goals that have resulted from this. There was some discussion 

regarding what some other communities BIA’s are doing. If the BIA would like Kim to 

explore more examples, she would need some direction. Now that the entrance sign 

project is done, it is a good time to re-align the BIA. It was agreed that the Streetscape 

Plan could be a good fit, with focus being put on defined programs and finding sponsors 

to help in the implementation. It was suggested that the Listowel portion of the 

Streetscape Plan be brought back to the BIA for discussion, with the possibility of 

picking a project to go forward with. The BIA can act as a conduit to the business 

community. 

Christmas Decoration Storage – The Wallace Landfill portable has become available 

and is being considered for Christmas decoration storage and work space. The 

possibility of moving it adjacent to the curling club is being investigated. 

It was moved by Milt Corley, seconded by John Moseley-Williams THAT approval 

be given to cover up to $1,000.00 for the cost of moving the Wallace Landfill 

portable, to be used for Christmas decoration storage, providing a suitable 

location can be secured. 

MOTION 18CARRIED

Correspondence – A letter from the Chamber of Commerce requesting prize money for 

floats for the Santa Claus Parade was reviewed. 

It was moved by Fran Hale, seconded by Warren Howard that approval be given 

for $575.00 in prize money for 2012 Santa Claus Parade floats. 


Reports – Retail Merchants Invoices – There was discussion regarding how the RMA 

made a blanket request earlier in the year but gave no detail on how the funds would be 

disbursed. In previous years, a presentation was made indicating what means of 

advertising was to be used for the various marketing promotions that the BIA was 

supporting. Communication from the RMA is lacking and Sean will speak with them 

about becoming part of the BIA. A number of invoices from the Listowel Banner and 

101.7 TheOne have been coming in. There was a consensus that the municipality 

proceed with paying the invoices in question provided they do not exceed the total 

approved in April of 2012. 

Old Business – None. 

New Business – None. 

Adjournment – The meeting adjourned @ 8:50 a.m. on motion made by John Moseley- 

Williams and seconded by Milt Corley. The next meeting was tentatively set for Thurs. 

Dec. 6 th @ 8:00 a.m. 

_______________________________ 

Vice - Chairperson – Sean Eaton 

__________________ 

Date 

_______________________________ 

Secretary – Kate Docker 

__________________ 


19 2

North Perth Public Library Board 

Meeting Minutes 

Tues. Dec. 11 th , 2012 – 7:00 p.m. 

North Perth Public Library 

Present – Paul Horn, Martha Bosch, Ann Soltys, Pauline Boertien, Bernice Weber 

Passchier 

Staff – Julia Merritt, Kate Docker 

1. Call to Order - Meeting called to order at 7:00 p.m. by Chair Paul Horn. 

2. Additions to/Approval of Agenda – 

It was moved by Pauline Boertien, seconded by Ann Soltys THAT the agenda be 

approved as presented. 


3. Declarations of Pecuniary Interest – There were none declared. 

4. Approval of Minutes – The minutes from the Nov. 13 th meeting were reviewed. 

It was moved by Pauline Boertien, seconded by Ann Soltys THAT the Nov. 13 th 

North Perth Library Board minutes be approved as presented. 


5. Business Arising from Minutes – There was none. 

6. Correspondence – Julia provided a copy of the letter drafted to the Minister of 

Industry regarding CAP funding. The letter was approved with one small change. 

7. Financial Report – 

It was moved by Martha Bosch, seconded by Bernice Weber Passchier THAT 

the listing of accounts dated Nov. 8 th , 2012 be accepted as presented. 


It was moved by Ann Soltys, seconded by Martha Bosch THAT the listing of 

accounts dated Nov. 27th, 2012 be accepted as presented. 


The quarterly budget was reviewed. The Board has concerns that surplus funds 

will be taken away. The majority of the surplus is a result of budget items that 

weren’t completed in 2012 so they should carry over into 2013. 

2013 Operational Budget – A 4.3% increase will maintain the status quo. 

It was moved by Bernice Weber Passchier, seconded by Pauline Boertien THAT 

the CEO be given direction to proceed to 2013 budget meetings based on a 

4.3% increase. 


20

2013 Project Worksheets – These were reviewed and there are 2 items not being 

completed in 2012 that will carry over: the enclosure of the program room in 

Listowel, and the drywall repairs/mould issue in Monkton. 

It was moved by Bernice Weber Passchier, seconded by Martha Bosch THAT 

the 2013 Project Worksheets be presented as reviewed. 


8. Friends Report – No report was available as Val was absent from the meeting. 

9. Board Development – Section 9: Policy – Updating and better organization of 

Library Policies and Procedures is needed. 

10. New Business – Trillium Grant – The Library received $46,900.00 for migration 

to PCIN. 

It was moved by Pauline Boertien, seconded by Martha Bosch THAT Paul Horn 

and Julia Merritt be given approval to sign the Trillium Grant Letter of Agreement. 


It was moved by Pauline Boertien, seconded by Ann Soltys THAT direction be 

given to the CEO to officially apply for full membership to PCIN. 


2 nd Board Member for PCIN – Now that we will be full members of PCIN, there is 

a need for a second Board member to attend PCIN meetings 4 times per year. 

Ann agreed to do this. 

It was moved by Pauline Boertien, seconded by Bernice Weber Passchier THAT 

Ann Soltys be appointed as a PCIN representative. 


Mission and Vision Options – These were reviewed and approved with the 

changes suggested. 

Strategic Plan – There was discussion regarding concentrating on 1 partnership 

and working to better develop it over the 5 year plan instead of exploring a new 

one each year. A mix of less labour intensive and more labour intensive 

relationships should be considered. Examples of Strategic Plan promotional 

pamphlets were circulated. Julia has $1,500.00 budgeted and will look further 

into something similar. Julia will be looking for feedback of the Strat. Plan from 

Management Team prior to presenting it to Council and rolling it out to the public. 

Monkton Branch Discussion – There was discussion regarding the long term 

maintenance costs of the existing facility versus adding on to the Elma Logan 

Recreation Complex. The move would mean more space in a better quality 

facility with an opportunity to develop partnerships for programs. This has been 

identified in the 5 year Strategic Plan and more ground work is needed. 

It was moved by Bernice Weber Passchier, seconded by Martha Bosch THAT in 

the event that space became available, the North Perth Public Library Board is in 

21 2

favour of moving the Monkton branch to the Elma Logan Recreation Complex as 

identified as a priority in the 2013-17 Strategic Plan. 


2013 Board Work Plan – This was received for information. 

Maple & Moose Information – Information about this retail cooperative running in 

Blyth was reviewed. 

Trends for Discussion – This will become a new item added to each agenda. 

11. Other Business – There was none. 

12. Adjournment – The meeting adjourned @ 9:25 p.m. on motion made by Pauline 

Boertien and seconded by Bernice Weber Passchier. 

_______________________________ 

Chairperson – Paul Horn 

__________________ 


_______________________________ 

Recording Secretary – Kate Docker 

__________________ 


22 3

Present: 

RECREATION ADVISORY COMMITTEE (RAC) 

MEETING MINUTES 

Tuesday, December 18 th , 2012 

ELMA MEMORIAL COMMUNITY CENTRE 

7:00 PM 

John Verwey 

Ken Buchanan 

Jerry Rozendal 

Brian Tucker 

Trent Bowman 

Charlie Smith 

Larry Gordon 

Staff: 

Steve Hardie 

Jenny Bournon 

Amy Gangl 

Guests: 

1) Call to Order: Meeting was called to order by Chair, John Verwey at 7:05pm 

2) Additions to Agenda: None 

3) Declaration of Pecuniary Interest: None 

4) Delegation(s): Atwood Lions Rink Committee 

The project will be done in 3 phases. Existing ice rink is up and waiting for some cooler weather. 

Construction of phase one is to start in spring/summer 2013. Recommended that a curb be placed on 

concrete pad to keep the water in. 

5) Adoption of minutes from the last meetings: 

MOVED by Larry Gordon and seconded by Ken Buchanan that the minutes of the November 

13 th , 2012 meeting be approved as circulated. 


6) Business arising from the minutes: 

7) Program Co-coordinator’s Report: reviewed written report 

8) Correspondence: See attached letter 

23

9) Financial Report: reviewed written report 

• Spending a lot of time preparing the operation and capital reports. Operating report is looking 

great. EMCC is looking very good with bar review. Revenue is up from last year. Elma Logan 

Recreation Complex and Listowel parks are both on budget. Overall we are in good shape. 

Working on 2013 budget and plan to have it completed by the first week of January. Will be 

sent out prior to next meeting so you can review. 

10) Director of Parks & Recreation Report: 

• Vending machines have been installed. Wallace concession has been closed and strictly relies on 

the vending machines. Receiving minimum 15% profit. Listowel has reduced the concession 

hours with the rest of the time being vending. Refrigeration controller has been ordered. They 

are manually working the old one at this time. The plan is for it to be installed in the next few 

weeks. 

11) Sub Committee Reports: 

Other Business: 

Beautification Committee- committee has been dissolved and eliminated from agenda 

Multi Purpose Complex Committee – Training is starting Thursday, January 10 th . In the 

next few months we will be seeing things accelerate. Committee will begin meeting with 

local businesses for their support. Over the past few months they have been meeting with 

local service clubs to explain how they got to where they are today. Understanding that this 

is a 3 phase project. Phase 2 and 3 are in the plans but there is no timelines at this time. 

Elma Logan Arena & Park Committee – Meeting took place last Thursday evening. 

Delegation Tim Nicholson spoke his concerns regarding the project. Committee listened and 

answered all of his questions. Moving forward with plans and tender specks are 90% 

complete and finishing touches in the next few weeks. North Perth Treasurer will be meeting 

with some committee members to ensure everything is in place to move forward. Plan is to 

start construction as soon as the ice is out. 

12) New Business: 

MOVED by Larry Gordon and seconded by Brian Tucker that the Recreation Advisory 

Committee approves Phase 1 of the Atwood Lions Club Multi-Use Rink Project and further 

that the project be identified within the 2013 Recreation Capital Budget as Lions Club funded 

project. 


24

13) Announcement: 

Adjournment- The meeting was adjourned on motion made by Jerry Rozendal and seconded by 

Ken Buchanan @ at 7:35 p.m. 


Next meeting will be held at the Municipal Office in the Committee Room Tuesday, January 8 th @ 

7:00 p.m. 

______________________________ 

Chair – John Verwey 

_____________________________ 

Date of Signature 

______________________________ 

Secretary- Jenny Bournon 

_____________________________ 

Date of Signature 

25

GRCA Minutes 

January 2013 • Volume 18, Number 1 

GRCA General Membership 

Chair 

Jane Mitchell 

1st Vice-Chair Vic Prendergast 

2nd Vice-Chair 

Jan d’Ailly 

Townships of Amaranth, East 

Garafraxa, Melancthon and Southgate 

and Town of Grand Valley 

Tom Nevills 

Townships of Mapleton 

and Wellington North Pat Salter 

Township of Centre Wellington 

Joanne Ross-Zuj 

Town of Erin, Townships of 

Guelph/Eramosa and Puslinch 

John Brennan 

City of Guelph 

Bob Bell, Maggie Laidlaw 

Region of Waterloo 

Les Armstrong, Todd Cowan, 

Jan d’Ailly, Rob Deutschmann, 

Jean Haalboom, Ross Kelterborn, 

Geoff Lorentz, Claudette Miller, 

Jane Mitchell, Warren Stauch 

Municipality of North Perth 

and Township of Perth East 

George Wicke 

Halton Region 

J. Barry Lee 

City of Hamilton Jeanette Jamieson 

Oxford County Bruce Banbury 

County of Brant 

Brian Coleman, Steve Schmitt 

City of Brantford 

Robert Hillier, Vic Prendergast 

Haldimand and Norfolk Counties 

Lorne Boyko, Fred Morison 

Draft 2013 GRCA budget 

The GRCA board is working through the 2013 

budget and it will be voted on in February. 

The board was presented with a draft in 

November. It shows a budget of $28.3 million, 

compared to an overall budget of $32.8 million in 

2012 and $33.6 million in 2011. 

The base programs budget is expected to 

increase by 2.5 percent while the capital budget is 

expected to decrease by 42 per cent. 

Overall, the general municipal levy is budgeted 

to increase three per cent. Special project spending 

is expected to decrease $3 million. 

Changes to the budget will be reviewed by the 

board in January. A third draft is scheduled to be 

presented at the annual general meeting in February. 

The draft budget is available online by looking 

at the General Agenda for Nov. 23 on 

www.grandriver.ca/MeetingReports. 

New park fees set 

Conservation area fees for 2013 have been set 

and some are going up, while others are going 

down. 

Adult day use fees will range from $5.50 to $6 

while the rate for children will be $2.75 to $3. 

There will also be a senior discount on day use 

fees. A vehicle season pass will now be $122, 

instead of $118. 

The projected revenue resulting from the proposed 

fee changes supports the projected $6.8 million 

revenue amount that is in the draft 2013 

budget. This represents a 2.9 per cent increase 

from the 2012 target. 

The 2013 pricing recommendations are a result 

of the business planning process. The fees provide 

a direct correlation between demand and price. 

The cost of camping during the week is reduced 

but camping fees will increase during peak times 

and on long weekends. Camping fees will be different 

at different conservation areas. It will also 

be necessary to reserve for two nights on weekends. 

Later this month the new fees will be on 

www.grandriver.ca/parks. The camping reservation 

website www.grcacamping.ca opens March 4 

to take reservations for the 2013 season. 

The conservation areas open for the summer 

season on Wednesday, May 1. 

A warm dry year 

The year 2012 will be remembered as warm and 

dry. 

Dry conditions prevailed through the winter, 

spring and early summer. By May, most of the 

watershed only received 50 to 65 per cent of the 

long-term average precipitation. The summer was 

also dry, except in the headwaters near Luther 

Marsh, which received more rain than usual. 

While September and October were wet, dry conditions 

returned for November and December. 

Temperatures have been above the long-term 

average since May of 2011, which is the longest 

period above average in the last decade. 

The warm and dry winter resulted in light 

snowpack and very little ice cover on the major 

rivers. The summer and fall were about one 

degree above the long-term average. 

Reservoir levels had been low for many months, 

but by December they were within the normal 

operating range. 

Source Protection Plan for 

public comment to Jan. 16 

A plan to protect the sources of water for 

municipal drinking water systems in the Grand 

River watershed is available for public comment 

until Jan. 16. 

The proposed Source Protection Plan outlines 

the policies and programs needed to protect 

municipal water systems from contamination. It is 

available online at www.sourcewater.ca and at the 

head office of the Grand River Conservation 

Authority, 400 Clyde Rd., Cambridge. 

The deadline for comments is Wednesday, Jan. 

16. Information on how to submit comments is 

www.grandriver.ca 

28 

Grand River Conservation Authority

available on the website or at the GRCA 

office. This is the second round of public 

consultation on the plan. The first round 

took place from August through October. 

Some changes have been made in the plan to 

reflect the comments received. 

Comments received during the current 

consultation will be attached to the plan 

when it is submitted to the Ministry of Environment 

for approval in January. The publication 

of the plan is the result of more than 

five years of work done under the Clean 

Water Act. The Act was passed in 2006 in 

response to the Walkerton tainted water 

tragedy. 

The Source Protection Plan outlines policies 

and programs to protect the sources of 

municipal drinking water serving more than 

650,000 in the Grand River watershed. There 

are 45 municipal water systems and one First 

Nation system. Those systems get their water 

from about 190 wells, four river intakes and 

one Lake Erie intake. 

The committee worked closely with 

municipal officials to develop the plans and 

policies that are included in the plan. 

Maintenance work on 

Bridgeport Dike 

A multi-year maintenance project for the 

Bridgeport Dike in Kitchener will begin in 

late January. 

The goal is to ensure that the dike will 

remain strong enough to protect the community 

from Grand River floods. The project 

is a joint effort of the GRCA and the City 

of Kitchener, which own and maintain the 

dike. 

Trees, shrubs and invasive plant species 

will be removed from the face of the dike 

and, where needed, replaced with grass. The 

trail on top of the dike will be closed during 

the work and signs will be posted to notify 

users. 

Trees pose a threat to the integrity of the 

dike. The root balls of both healthy and 

unhealthy trees can weaken the structure of 

the dike. Removing the trees and shrubs will 

also make it easier to do annual inspections. 

The first phase of the work in late January 

should take about three weeks to complete. It 

will involve the section of the dike from the 

Bridge Street bridge upstream to the end of 

the dike near Prince Street. The work to be 

done in 2013 will cost up to about $50,000 

which will be split between the GRCA and 

Photo by Chris Wilkinson 

Will 2013 bring enough snow for outdoor activities such as dog sledding along the Elora 

Cataract Rail-Trail? Time will tell. Some conservation areas open for winter activities as conditions 

allow. Check www.grandriver.ca/NewsRoom/News.cfm for updates. 

the Ontario government through its Water 

and Erosion Control Infrastructure program 

(WECI). Other sections will be done in 

future years. 

New name and logo for 

GRCA tree program 

The GRCA’s successful tree planting program 

has a new name and the new logo 

above. 

Now called Trees for the Grand, the program 

offers all the same services as before. It 

will continue to partner with local community-based 

organizations such as Trees for 

Mapleton, Trees for Woolwich and Wellington 

Green Legacy. It will also work with 

funding organizations including Trees 

Ontario. 

Trees for the Grand offers technical and 

financial assistance to rural landowners 

throughout the watershed who wish to plant 

trees. The goal of the program, which started 

in 1954, is to have 30 per cent forest 

cover across the watershed. 

Three GRCA forestry specialists work 

with private landowners to make recommendations 

on tree planting. They work 

with many programs to bring information 

and funding to landowners. The deadline 

passed Dec. 1 for the GRCA to plant trees 

on your land, but tree orders may still be 

placed by March 1 for landowners who 

would like to do their own planting. 

To contact Trees for the Grand call 1-866- 

900-4722 or e-mail trees@grandriver.ca or 

visit www.grandriver.ca/trees. 

This issue of GRCA Minutes was published 

in January 2013. 

It is a summary of the December 2012 

business conducted by the Grand River 

Conservation Authority board and committees 

as well as other noteworthy 

happenings and topics of interest. 

The Grand River Conservation Authority 

welcomes the photocopying, 

forwarding and distribution of GRCA 

Minutes. 

Next board meeting: Jan. 25, 9:30 a.m. 

Reports mentioned in the GRCA Minutes 

are available online at 

www.grandriver.ca/MeetingReports. 

For information about coming events, 

please see 

www.grandriver.ca/Calendar. 

29 

PO Box 729, 400 Clyde Road, Cambridge, Ontario N1R 5W6 (519) 621-2761 

Follow the GRCA:

MUNICIPALITY OF NORTH PERTH COMMITTEE OF ADJUSTMENT 

FILE NUMBER: A 01/2013 

NOTICE OF PUBLIC HEARING OF 

APPLICATION FOR MINOR VARIANCE 

Section 45(5) of The Planning Act, R.S.O. 1990 

RE: AN APPLICATION BY: 

Kempston & Werth Real Estate Holdings Ltd. 

LOCATION OF PROPERTY: Lot 48 Registered Plan 155 

Municipality of North Perth (484 Inkerman St. E., Listowel) 

PURPOSE OF APPLICATION: 

To permit a reduced lot frontage of 16.09 m (52.8 ft.) instead of the required 18 m 

(59.06 ft.) to allow the construction of a semi-detached dwelling (i.e. two units). 

TAKE NOTICE that an application under the above file number will be heard by the Committee on the date, and at the 

time and place shown below. 

DATE AND TIME: 

PLACE: 

Tuesday, January 22 nd , 2013 at 7:00 p.m. 

North Perth Municipal Office, 330 Wallace Avenue North, Listowel 

PUBLIC HEARING: 

You are entitled to attend this public hearing in person to express your views about this 

application or you may be represented by counsel for that purpose. If you are aware of any person interested in or 

affected by this application who has not received a copy of this notice you are requested to inform that person of this 

hearing. If you wish to make written comments on this application they may be forwarded to the Secretary of the 

Committee at the address show below. 

FAILURE TO ATTEND HEARING If you do not attend at the hearing it may proceed in your absence and, except 

as otherwise provided in The Planning Act, you will not be entitled to any further notice in the proceedings. 

NOTICE OF DECISION A copy of the decision of the Committee will be sent to the applicant and to each person who 

appeared in person or by counsel at the hearing and who has filed with the Secretary a written request for notice of the 

decision. 

ADDITIONAL INFORMATION relating to the proposed amendment is available for inspection during office hours at the 

Municipal Office 

DATED THIS 11 th , day of January, 2013 

Mrs. Danette Beare, CMO Secretary-Treasurer, Municipality of North Perth Committee of Adjustment 

330 Wallace Avenue North, Listowel, ON N4W 1L3 Telephone: 519-292-2063 

30

COUNCIL REPORT 

From: Name, Title 

Date: January 14, 2013 

Subject: North Perth Closed Meeting Investigator Appointment 

Background: 

On January 1 st , 2008, the Municipal Statute Law Amendment Act, 2006 came into force. 

Once such amendment will provide that any person may request an investigation into 

whether a municipality or local board has complied with the open meeting requirements 

or the procedural by-law relating to any meeting or part of meeting that was closed to 

the public. Municipalities have two options if a request for an investigation is filed: 

1. Engage the services of an independent investigator, or 

2. By default, if no investigator has been appointed, then the 

Provincial Ombudsman will conduct the investigation 

In December 2007, the Council of the Municipality of North Perth deemed it appropriate 

to engage the services of an independent investigator. 

Comments: 

Previous Closed Meeting Investigator John Maddox has informed Staff that he wishes 

to not enter into another agreement with the Municipality of North Perth due to his 

pending Retirement. Staff has contacted Gregory Stewart who is the Closed Meeting 

Investigator for other Perth County Municipalities. Mr. Stewart has agreed to perform 

this service. 

Financial Implications: (Include amounts and funding source) 

No Change in Rates 

Recommendation: 

THAT: 

The Council of the Municipality of North Perth proceed with entering into an agreement 

between the Municipality of North Perth and Gregory F. Stewart to appoint a Municipal 

Closed Meeting Investigator. 

Reference Material Attached: 

By-law 9-201- Authorizing the Appointment of a Closed Meeting Investigator 

Agreement with Gregory F. Stewart to act as the Closed Meeting Investigator for North 

Perth 

Patricia Berfelz, Clerk 

31

COUNCIL REPORT - North Perth Closed Meeting Investigator Appointment Page 2 

Reviewed by: Director: CAO: 

Comments: 

32

THE MUNICIPALITY OF NORTH PERTH 

BY-LAW NO. 9-2013 

BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN 

AGREEMENT TO APPOINT A MUNICIPAL INVESTIGATOR 

BETWEEN THE MUNICIPALITY OF NORTH PERTH, 

AND GREGORY F. SEWART 

WHEREAS Section 239.2 of the Municipal Act S.O. 2001, c.25 as amended, 

authorizes municipalities to appoint an investigator who, based on receipt of a 

complaint, has the function to investigate in an independent manner whether a 

municipality or local board has complied with Section 239 or a procedure by-law 

enacted pursuant to subsection 238(2) with respect to a meeting or part of a 

meeting that was closed to the public, and to report on the investigation; 

AND WHEREAS the Council of the Municipality of North Perth deems it 

desirable that all requests for an investigation be undertaken in the public interest 

by an independent and impartial investigator; 

NOW THEREFORE the Council of the Municipality of North Perth enacts as 

follows: 

1. THAT the Mayor and the Clerk are hereby authorized to sign and enact the 

Agreement to Appoint a Municipal Investigator between the Municipality of 

North Perth and Gregory F. Stewart attached hereto as Schedule ‘A’ and 

forming a part of this By-law; and 

2. THAT this By-law will come into force and take effect on the date of final 

passing thereof. 

Read a first and second time this 14 th day of January, 2013 

Read a third and final time this 14 th day of January, 2013. 

___________________________ 

Julie Behrns, Mayor 

__________________________ 


33

1 

Municipal Meeting Investigator Agreement 

This Agreement dated this 1 st day of January, 2013 

B E T W E E N: 

The Corporation of the Municipality of North Perth 

(hereinafter referred to as the “Municipality”) 

- and - 

Gregory F. Stewart 

(hereinafter referred to as the “Independent Investigator”) 

______________________________________________________________________________ 

WHEREAS section 239.2 of the Municipal Act, S.O. 2001, c.25 (the “Act”) authorizes a 

Municipality to appoint an investigator to investigate in an independent manner any complaint as 

to whether the Municipality has complied with the Act or a Municipal procedural by-law in 

respect of a meeting (or part of a meeting) that was closed to the public; 

AND WHEREAS the investigation of the relevant municipality or local board must be 

undertaken by an Investigator appointed by the municipality pursuant to Sections 9, 10, 11 and 

239.2 of the Act or by an Ombudsman appointed pursuant to the Ombudsman Act if the 

municipality has not appointed an Investigator under the Act; 

AND WHEREAS the Municipality deems it desirable to appoint Gregory F. Stewart as the 

Investigator to investigate all requests received by the Municipality after January 1, 2013 

pursuant to the Act respecting any meeting of the Council of the Municipality, a local board or a 

committee of Council; 

AND WHEREAS the Independent Investigator has the skills and ability and is interested in 

acting as the Investigator for the Municipality on the terms and conditions set out in this 

Agreement; 

NOW THEREFORE, the parties agree as follows: 

34

- 2 - 

1.0 Appointment 

1.1 Pursuant to the Act, the Municipality hereby appoints Gregory F. Stewart to 

provide the Investigator services, in accordance with the Act, for all requests for an 

investigation of the Council and Committees of the Municipality and the Local Boards 

and/or their Committees. For the purposes of this Agreement, “committee” and “local 

board” shall have the meaning as defined Section 238 of the Act. 

1.2 The Municipality hereby grants to the Independent Investigator those powers and 

duties outlined in Section 239.2 of the Act. 

1.3 The Municipality, when subject of an investigation shall provide to the 

Independent Investigator the following documents for the Municipality and for the Local 

Boards where applicable: 

1.3.1 A certified copy of the municipal procedure by-law; 

1.3.2 A certified copy of the municipal notice by-law, and; 

1.3.3 A listing of the applicable Boards and Committees subject to this 

Agreement. 

2.0 Services and Process 

2.1 Every request for an investigation by a person shall include all of the following: 

2.1.1 Be directed to the Clerk of the Municipality; 

2.1.2 Be in writing; 

2.1.3 Include the reasons for the request; 

2.1.4 Be signed; and 

2.1.5 Include an address and telephone number of the person making the 

request. 

2.2 Upon receipt of a request for an investigation regarding a Meeting, it is agreed 

that the Clerk of the Municipality shall forthwith forward the 

following documents to the Independent Investigator as appropriate. 

2.2.1 The original request for an investigation; 

2.2.2 A certified copy of the agenda with all relevant attachments relating to 

the Meeting; 

2.2.3 A certified copy of the minutes of the Meeting; 

2.2.4 A contact list for all members of the Council/Board/Committee for which 

the request is made and for all persons present at the Meeting; 

2.2.5 Such other information or documentation that the Clerk of the 

Municipality deems relevant; and 

2.2.6 Such other information or documentation that the Independent Investigator 

may from time to time deem relevant to the investigation. 

35

3.0 Fees 

- 3 - 

2.3 Duties of the Independent Investigator shall be: 

2.3.1 To conduct investigations from time to time as requested by the 

Municipality upon receipt of a complaint in respect of meetings or part of 

meetings that are closed to the public to determine compliance with the 

Act; 

2.3.2 To report in writing on such investigations to the Council of the 

Municipality; 

2.3.3 To proceed without undue delay and with due diligence to investigate a 

complaint and to consider time to be of the essence with any and all 

investigations; 

2.3.4 To proceed to investigate a complaint independently of the Municipality 

and impartially; 

2.3.5 To hear or obtain information from such persons as the Independent 

Investigator sees fit; 

2.3.6 To preserve the confidentiality of all matters of the investigation that 

require secrecy save and except disclosure of such matters as in the 

Independent Investigator’s opinion ought to be disclosed in order to 

establish grounds for report conclusions and/or recommendations; 

2.3.7 If at any time during the course of an investigation it appears to the 

Investigator that there may be sufficient grounds for a report or 

recommendation that may adversely affect the municipality, a local board 

or any other individual person, the Investigator shall give him or her an 

opportunity to make representations respecting the adverse report or 

recommendation, either personally or by counsel; 

2.3.8 To include in the written report whether the meeting (or portion thereof) in 

question was closed to the public contrary to the Act or Municipal 

Procedure by-law and to make appropriate recommendations to the 

Municipality in this regard and; 

2.3.9 To dismiss a complaint deemed to be vexatious and prepare a report to this 

effect; and 

2.4 Upon receipt by the Municipal Council/Committee/Local Board, the 

report of the Independent Investigator shall be a public record. 

3.1 The Municipality agrees to pay fees and expenses of the Independent Investigator 

at a rate of $250.00 per hour plus applicable taxes during such time as the 

Independent Investigator is performing the duties as described in this Agreement. 

The Independent Investigator agrees such rate shall be charged only for such time 

that the Investigator is actively investigating a complaint and preparing and 

presenting the report with respect hereto. 

36

- 4 - 

3.2 The Independent Investigator shall be entitled to be reimbursed for mileage and 

other reasonable receipted expenses related to these duties. The Independent 

Investigator shall submit his invoice to the Municipality. 

4.0 Term of the Agreement 

4.1 The term of this Agreement is for a fixed two (2) year term commencing the first 

day of January, 2013 and may be renewed by agreement of the parties. 

4.2 The Independent Investigator shall provide the Municipality with a minimum of 

thirty (30) days notice prior to the end of the Agreement if the Investigator does 

not agree to renew the Agreement if such renewal were to be available. 

5.0 Termination 

5.1 This Agreement may be terminated by either Party on ninety (90) days written 

notice to the other Party, provided that any investigations commenced prior to the 

termination date shall be completed pursuant to this Agreement and the appointing bylaw 

and all related fees shall be paid as set out in the Agreement. 

IN WITNESS WHEREOF the Parties have executed this Agreement. 

THE CORPORATION OF THE 

MUNICIPALITY OF NORTH PERTH 

__________________________________ 

Julie Behrns, Mayor 

__________________________________ 


We have authority to bind the Corporation. 

__________________________________ 

Gregory F. Stewart 

37

Perth County Council Report – January 10, 2013 

Mayor Julie Behrns 

Staff Reports: 

Planning and Development: 

That the County of Perth advise the Town of St. Marys that 

the County has no objection to an application for a Plan of 

Subdivision by Meadowridge Properties affecting property in 

St. Marys. (4.77 units/acre) 

That the County of Perth advise the City of Stratford 

regarding density concerns for a Plan of Subdivision by 

Northwest Stratford Developments. (4.2 units/acre) 

Request that the Planning Department prepare a report 

outlining the densities achieved of subdivision within Perth 

County. 

Review of the Tree Inspection Report showing 6 inspections, 

with none in North Perth. 

Corporate Services: 

Unfortunately, due to difficulties in reaching a 3% target the 

budget presentation has been delayed. 

Public Works: 

As per a petition, the County of Perth approves in principle 

the change in speed limit on Line 86 in Dorking from 70km 

reduced to 60km, pending agreement with the Region of 

Waterloo. 

Council Reports: 

Review of the Warden activity report for December 2012 

Announcements: 

Councillor Eghoetz thanked staff and council for support for 

actions taken regarding the Drive Clean Program. 

Councillor McKenzie thanked County staff for their support 

for the Levy in West Perth in honour of the 2012 IPM. 

42

Mayor ‘s Report for December 2012 

November 27 

November 27 

November 27 

November 28 

November 28 

December 1 

December 3 

December 8 

December 10 

December 11 

December 12 

December 12 

December 13 

December 17 

December 19 

MPP Breakfast – Millbank 

Master Growth 

NP PAC 

Grade 5 presentation at Eastdale School 

Perth County Farm Safety Association 

Palmerston Santa Claus Parade 

NP ED and NP Council 

Atwood Santa Claus Parade 

NP Council 

NP PAC 

Stratford – Perth Community Foundation 

NP Fire – Chief, CAO, Mayor 

NP Fire Listowel Christmas Supper 

NP Council 

NP Human Resources 

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1 THE MUNICIPALITY OF NORTH PERTH COUNCIL AGENDA Date ...

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