NOVEMBER 20, 2002 ARCHIVE
 
 
 

 New Act offers little revenue sources for municipalities

by Neil Zacharjewicz
M'CHIGEENG - Forget any promises the provincial government made about 
the new Municipal Act offering new ways of generating revenue to 
municipalities.
Municipal officials have raised their concern with the lack of new 
ways to generate revenue in the Municipal Act 2001, which takes 
effect on January 1, 2003.
On Thursday, November 14, Fred Dean, municipal solicitor for a number 
of Island townships and a contributor to the creation of the new 
Municipal Act, was on hand to make a presentation to representatives 
of the various Manitoulin municipalities on the Act. The information 
session was held at Abby's in M'Chigeeng.
Following the presentation, Assiginack Clerk/Treasurer Gord Tokaryk 
questioned whether there were any tools for municipalities to 
generate revenue other than taxation. He indicated some time back, 
the government had suggested the revenue issue would be dealt with 
under the new Act.
However, Mr. Dean responded, if anything, the new Act narrows down 
the avenues municipalities can explore in seeking new methods of 
generating revenue.
"There are some opportunities, but they already exist in the current 
Municipal Act," Mr. Dean stated.
Following the session, several municipal representatives expressed 
their concern with the lack of revenue-generating opportunities in 
the Act.
Mr. Tokaryk pointed out the new Municipal Act once again seems to 
download more responsibility upon the municipality, but offers little 
in the way of recouping costs. He pointed out under the new Act, 
municipalities could generate revenue by creating toll roads, but 
even those require Ministerial approval. Under the new Act, 
municipalities are only allowed to recoup their administration costs 
from licenses and fees the municipality establishes for services. He 
questioned why, under the new legislation, a municipality would even 
want to get involved in licensing to begin with if it offered no 
benefit.
"Everything is becoming more and more regulated, and it's putting 
municipalities behind the eight-ball," Mr. Tokaryk suggested. "They 
are telling us we have to do things, and they are not giving us any 
money or any avenue to raise more funds."
He indicated Assiginack Township is faced with a water issue which is 
estimated to cost $7.1 million, and it's not just his municipality 
facing problems like this. He pointed out Central Manitoulin Township 
is faced with its landfill problems.
To make matters worse, new government legislation is also creating 
new costs for the municipality. He noted now all of the 
municipalities in Ontario are required to hire someone to be 
responsible for handling emergency measures.
"It seems like it is never ending," he said.
Central Manitoulin Reeve Mary Nelder indicated she raised her funding 
concerns at the Citizens Engagement Forum held in Sault Ste. Marie 
over the weekend. She said while people can talk about different ways 
to stimulate the economy in smaller communities, until there is a 
more equitable distribution of tax dollars in Canada, small, rural 
municipalities will always be disadvantaged.
"We need to look at a fair distribution of tax dollars," Reeve Nelder 
suggested. She said of every dollar raised through taxation in this 
country, only four cents goes to the municipalities. However, she 
pointed out that with the exception of health and education, 
municipalities are required to provide nearly all of the basic 
services people require, such as sewer, water, and recreation.
"I am always concerned when there are difficulties in finding ways of 
raising funds other than the municipal levy," stated Ken Ferguson, 
Mayor of Northeastern Manitoulin and the Islands. He said while he 
has not had an opportunity to take a closer look at the Municipal 
Act, municipalities at least were able to create user fees to offset 
costs in the past.
Municipalities will breath a sigh of relief, however, with regard to 
one cost-saving item in the new Act. Mr. Dean indicated many 
municipalities have been absolutely terrified at the municipal tax 
sale process, for fearing of ending up in possession of contaminated 
property. Under the new Act, the municipality is given a relief 
period to determine if the property is contaminated. If the property 
is determined to be contaminated, it will not be forced into the 
municipality's name, but will instead become vested in the 
municipality. This eliminates any risk that a municipality will be 
responsible for paying the cost of clean-up on any contaminated 
property a municipality should inherit through the tax sale process, 
Mr. Dean said.


                     

              

      

        
        

          
                
Wiky artist designs new 
                Christmas stamp

              

        

          
                

                  

by Diana Smith
WIKWEMIKONG - Canada Post decided to featured the work of three 
Aboriginal Artists for their Christmas Stamp Series this year. One of 
these works was by Daphne Odjig who was born on the Wikwemikong 
Unceded Reserve on Manitoulin Island, Ontario in 1919. Her father was 
a member of the Potawatomi Nation and her mother was English.
The painting featured on this year's 48 cent Christmas stamp is 
entitled 'Genesis,' a painting produced by Ms. Odjig in 1976. The 
painting features a mother and child over which a thunderbird hovers.
"The mother and child has been a favorite subjects of mine ever 
since I began painting" commented Ms. Odjig. "It means so much to so 
many people. In the Indian concept mother always represents mother 
earth, and we are children of the earth. Genesis is the first book in 
the bible, describing the beginning of life, which is what the child 
represents." Very apropos because in the case of the 2002 Christmas 
stamp it could represent Mother Mary and Jesus
"The Thunderbird is a guardian spirit that represents protection, in 
this case it is protecting life in the form of the mother and child." 
Ms. Odjig said.
This brilliantly coloured stamp "combines elements of cubism and 
surrealism with an aboriginal world view" according to Phillip Gevik 
of Toronto's Gallery Gevik. ""A great choice ... [it displays] a kind 
and warm sentiment ...a suitable theme for Christmas."
In a recent Details magazine article she commented that Art always 
surrounded her, her Dad loved to draw and paint, her mother 
embroidered, and her Grandfather was a tombstone carver, who created 
beautiful lettering with a chisel.
Over the years Daphne Odjig has accomplished many things and has been 
honoured in many ways. After the last world war she and her husband 
opened an art gallery in Winnipeg, the first in Canada dedicated to 
aboriginal art and noted for attracting a group of artists that 
eventually became known as the "Indian Group of Seven".
In 1978, Ms. Odjig's ability as an artist was acknowledged when she 
received a commission from the National Museum of Man in Ottawa to 
paint the historical mural entitled The Indian in Transition.
In 1986 she was made a member of the Order of Canada, recognition for 
her wonderfully original works of art as well as being a driving 
force in the development of Native Art in Canada.
Ms. Odjig was elected to the Royal Canadian Academy of Arts, and has 
received honorary degrees from Laurentian, Toronto, and Nipissing. 
She is the holder of an Aboriginal Achievement Award and perhaps the 
biggest honor of all is the Eagle Feather presented to her by the 
Chief of Wikwemikong, an honor that in the past was reserved for 
great hunters and warriors.

                  


              

      

        
        

          
                


                New Municipal Act clarifies role of council, staff

              

        

          
                

              

      

        
        

          
            


            

            by Neil Zacharjewicz

            M'CHIGEENG - The issue of the relationship between a municipal 

            council and its staff is an area which creates a lot of 
            difficulties, 

            and of which there are a lot of misunderstandings.

            This was the suggestion made by Fred Dean, a lawyer involved in the
            

            creation of the Municipal Act 2001, which was presented to Island
            

            municipalities at a seminar held on Thursday, November 14 at Abby's
            

            in M'Chigeeng. Mr. Dean explained in the new Municipal Act, the 

            provincial government has taken on the challenge of defining the 

            roles of municipal council, the head of council, and staff.

            Mr. Dean pointed out when new people are elected to municipal 

            council, not much time is spent telling them what they are there to
            

            do. History shows that in many municipalities, there are some people
            

            elected who feel it is there duty to micromanage the affairs of the
            

            municipal administration.

            Under the Municipal Act 2001, the role of a council is composed of
            

            six basic purposes. The first purpose is to represent the public and
            

            to consider "the well-being and interests of the municipality." Mr.
            

            Dean stressed after reading this section close to 100 times, he 

            believes it is important council members remember they are 

            effectively members of a board of directors, and therefore owe an
            

            interest to the municipal corporation.

            The second purpose, he stressed, was to develop and evaluate the 

            policies and programs of the municipality. The third purpose is to
            

            determine what services the municipality will provide.

            The fourth purpose, Mr. Dean said, was "to ensure that 
            administrative 

            practices and procedures are in place to implement the decision of
            

            council."

            "It does not say 'to administer,'" Mr. Dean pointed out. "You are 
            not 

            the micromanagers of your municipal administration."

            The final two purposes of the municipal council are to maintain the
            

            financial integrity of the municipality, and to carry out the duties
            

            of council under any provincial Acts.

            Mr. Dean indicated there are three steps in which the issues of 

            council are generally dealt with. First, staff creates a report, 

            which should have a recommendation, the professional advice which
            

            offers council some guidance. Then, council makes a decision. 

            Finally, staff implements council's decision.

            "The three steps are pretty clearly defined in the Act," Mr. Dean
            

            stated. "The role of staff is to implement (council's decision), not
            

            to second guess it."

            Under the Municipal Act 2001, the role of administration is to 

            implement council's decision and establish administrative practices
            

            and procedures to carry out council's decisions, to undertake 

            research and provide advice to council on the policies and programs
            

            of the municipality, carry out other duties required under the 

            Municipal Act and other duties assigned by the municipality.

            Under the new legislation, the role of the head of council has also
            

            been defined. The role is to act as the Chief Executive Officer of
            

            the municipality, to preside over council meetings, to provide 

            leadership to the council, to represent the municipality at official
            

            functions, and to carry out the duties of the head of council under
            

            the Municipal Act or any other Act.

            "I'm hoping this will really help staff when it comes to talking to 
            a 

            new council," Mr. Dean said. He noted there is a feeling when it 

            comes to administration, particularly in small municipalities, that
            

            being a councillor is a part-time job.

            "There is nothing part-time about being a councillor," he stated.
            

            "You are a public figure."

            It is a 24 hour a day, seven day a week job from the moment they are
            

            elected, and he said it is necessary for both staff and council to
            

            demonstrate respect for one another. He said how council and staff
            

            treat one another is something the community notices. He added staff
            

            should treat all members of council equally. He said the 
            relationship 

            between staff and members of council should never be "too cozy," and
            

            suggested a professional distance must be maintained.

        

          
                

                  
Water roundup

                

              

        

          
                

                by Michael Erskine

                MANITOULIN---Water, water everywhere, and not a drop to drink. 
                The 

                spectre of contaminated drinking water was beyond the 
                comprehension 

                of most Ontarians just a few short months ago, before the 
                tragedy of 

                Walkerton and the now infamous actions of that town's water 
                plant 

                manager.

                Since then, inquiries and court-mandated legislation have arisen 
                to 

                reassure the public that their tap water is indeed safe, no 
                matter 

                what the cost.

                Costs there are indeed, and under the rules of engagement laid 
                down 

                by the province long before the scale of the bill for 

                Walkerton-induced upgrades to rural water systems was 
                contemplated, 

                those costs must be borne by the users of the system.

                For small rural municipalities this can amount to huge increases 
                in 

                user fees, even if the municipal share of capital costs are 

                debentured and paid over the life of the system.

                Manitoulin Island is made up entirely of small communities, with
                

                islands of tiny urban centres dotting the landscape. Each of 
                those 

                minute urban areas must now be serviced by much more 
                sophisticated 

                water facilities than before.

                The Township of Assiginack is arguably the most heavily hit of
                

                Manitoulin municipalities. The bill for the two water system the
                

                township requires, one in Sunsite Estates and the other in the 
                larger 

                urban area of Manitowaning, is expected to top $7.1 million 
                dollars 

                before the day is done. Even with defraying the costs over many
                

                years, that will result in huge increases in user fees paid by 
                the 

                town's residents.

                According to Assiginack Clerk Gord Tokaryk, the township is in 
                the 

                process of meeting with engineers who will be assessing the 

                environmental impact of a new water plant and what the actual 
                needs 

                of the community are.

                "We have people who are still paying for the cost of the 
                original 

                system," said Reeve Hugh Moggy. "They were paying it off at $100 
                to 

                $150 per year."

                Mr. Moggy said he wished the province would find some way of 
                helping 

                the municipalities fund even more of the cost of the system, 
                noting 

                that capital costs are one thing, but the increases in operating
                

                costs will be dramatic as well.

                "We have a lot of people who have retired from farming, they 
                don't 

                have private pension plans and such," he said. "This kind of 
                jump in 

                costs will really hit them hard."

                Gore Bay is also looking at building a new water treatment 
                plant, but 

                a recent bit of good news surfaced with the discovery of a leak 
                in 

                the town's ancient pipe system.

                "Our requirements were estimated at 1.4 megalitres," said Clerk
                

                Annette Clarke. "Now we only need 1.2 megalitres."

                The reduced estimates of water usage has meant that the new 
                plant 

                slated to be built on Janet Head Road, just past the old gravel 
                pit 

                (and incidentally actually located in Gordon Township), will not 
                be 

                as expensive as originally thought.

                The original plans called for a $3.8 million membrane screening
                

                facility to serve the town's 382 homes and 50 businesses. The 
                town 

                council must still decide whether to continue with a membrane 
                system 

                or whether to opt for a slow sand filtration system. Either way, 
                it 

                will be less expensive than originally thought, but still a 
                massive 

                increase in water costs for the town's residents.

                Alton Hobbs, Billings treasurer, noted his township is on the 
                hook 

                for a goodly share of some $2.4 million needed for a new surface
                

                water treatment plant to disinfect and treat the town's water.
                

                Although the initial engineering plans are finished, the 
                preliminary 

                plans for the plant itself are now going to tender.

                Northeastern Manitoulin and the Islands sports a brand new water
                

                treatment plant in Little Current, which will only need a 
                $80,000 

                upgrade to the water storage capacity, but there may be room in 
                the 

                original construction budget to offset those costs. In the 

                Sheguiandah area some $220,000 to $250,000 will be required to 
                meet 

                new water regulations and necessary expansion. It could be far 
                worse 

                had a previous council not opted for a more expensive than bare
                

                minimum facility when the new Little Current water treatment 
                plant 

                was designed. The bill might now be even higher.

                Central Manitoulin recently received a cheque under the 

                Federal-Provincial SuperBuild Fund to help offset costs 
                associated 

                with its new plant. Total costs for upgrading the new plant, 
                built in 

                1996, will top $376,980. The town is currently applying to 
                FedNor for 

                funds to offset 50 per cent of the township's one third share of
                

                those costs. Town Clerk Barbara Doane noted the new plant is 

                operating at 40 per cent capacity and has plenty of room in it 
                to 

                accommodate future expansion of the urban area.

                Finally, Tehkummah, with a new plant located in South Baymouth, 
                is 

                probably the township with the least in water plant concerns. 
                The 

                system has just been completed and services some 56 units.

                "We probably serve around 40 families in the winter, and nearly 
                2,000 

                people in the summer, if you count all the cottagers and boaters 
                who 

                access the system for water," said Reeve Gary Brown.

                Even with a brand new plant, Tehkummah was hit with unexpected 
                costs.

                "They wanted us to have a comprehensive operating manual for the
                

                plant," said Mr. Brown. "We had one for each section, but they 
                wanted 

                an overall one which covered the whole plant."

                That, coupled with the need to replace a valve and a backup 

                chlorination system required under the new guidelines meant even
                

                Tehkummah did not get off unscathed by the costs associated with 
                the 

                new guidelines.

                "We pay for our system though," noted Mr. Brown. Costs 
                associated 

                with the service add up to a hefty $700 to $800 per year. Costs
                

                comparable to what the residents of Manitowaning could expect to 
                face 

                if the township does not move to long-term financing of the new 
                water 

                plant.

                Rural communities are faced with a huge bill for water systems, 
                made 

                much larger by the lack of economies of scale which larger urban
                

                areas enjoy. Rural politicians despair of where their less 
                affluent 

                friends and neighbours will find the money to pay for clean safe
                

                water, a commodity which most Ontarians have in the past taken 
                very 

                much for granted.