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April 12, 2001 Regular Meeting M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS TH APRIL 12, 2001 MEMBERS PRESENT: Mayor Duncan McPhail, Deputy Mayor Graham Warwick Councillors: Trudy Balint, Brad Bandeen, Michael Mooser STAFF PRESENT: Joanne Groch Administrator/Treasurer Linda Cranston Clerk/Deputy-Treasurer Rick Jackson Road Superintendent Parks & Arena Superintendent Jeff Slater Lorne McLeod Chief Building Official MINUTES RES. NO. 1 Moved by Balint Seconded by Bandeen RESOLVED that the minutes of the meeting held on the following dates be adopted as printed and circulated. th March 8, 2001 Regular Meeting nd March 22, 2001 S pecial Meeting DISPOSITION: Carried SUBJECT: ROAD REPORT Rick gave council his report on the roads department and his attendance at the Road Superintendent’s meeting and the Emergency Detour routes meetings. He reported on tree trimming, brush cleanup, cold mix patching and shoulder repairs that are on-going. They are just getting started on some of the drain work to be done. He also thanked council for allowing him and Tom attend the equipment show in Toronto last week. Councillor Bandeen had some questions on the berm leveller attachment on the grader, and Rick explained how it worked and that it saved a lot of time. Mr. Bandeen also reported that he had been approached about the possibility of a bike/walking path from New Glasgow to Port Glasgow. Rick will investigate the costs, but it is thought that it would be a fairly costly project. He was directed by council to make sure that the shoulders along that stretch of roadway are in good shape for anyone walking the area. The emergency detour routes proposed by the MTO were discussed briefly. SUBJECT: MISCELLANEOUS ITEMS Councillor Mooser had some concerns about some tree cutting, however, Rick replied that they were in the Dutton-Dunwich area. Mr. Mooser also reported on some parking problems again at the Maple and Graham corner in West Lorne. Rick will have a look at the area. There is a property in West Lorne that has in the past been an on-going grass cutting problem and the Clerk was asked to send the property owner a letter to request that the grass be kept cut and if not, we are to proceed to have the work done, and add the cost to the property taxes of the owner. Councillor Mooser reported that he had received some good comments on the clean-up job done at the old Dairy Bar location. th April 12, 2001…Page 2 of 10 Councillor Bandeen brought a concern from a resident regarding the expensive cost to connect to the Glencoe water line. For some residents in the area, this is currently their only option. Council may have to set up a meeting with Glencoe at some point in the future to try to work out a better agreement. It was noted that Lloyd Jarvis will be giving a full waterworks th report at the Special Meeting to be held on April 19, 2001. SUBJECT: GRAVEL TENDERS The Gravel tender quotes were received from: Streib Trucking Ltd. $ 287,400.00 (tax included) 4.00 per tonne 4.65 spreading & hauling Johnston Bros. Ltd. $ 242,400.00 (tax included) 3.80 per tonne 3.47 spreading & hauling McKenzie & Henderson Ltd. $ 243,300.00 (tax included) 3.82 per tonne 3.47 spreading &hauling RES. NO. 2 Moved by Warwick Seconded by Mooser RESOLVED that the Council of the Municipality of West Elgin accept the tender quote from Johnston Bros. (Bothwell) Ltd. to provide gravel, spreading and hauling for the 2001 construction, as set out in the Gravel Tender Specifications for the amount of $ 242,400.00 including GST. DISPOSITION: Carried SUBJECT: BRINE TENDERS The following quotes were received for the supply and delivery of brine: Den Mar Brine Ltd. $ 29,986.75 14.75 per cubic m. Cliff Holland $ 31,918.10 15.70 per cubic m. RES. NO. 3 Moved by Balint Seconded by Bandeen RESOLVED that the Council of the Municipality of West Elgin accept the tender quote from Den Mar Brine Ltd., in the amount of $29,986.75 including GST for the supply, haul and application of brine, as set out in the tender specifications. DISPOSITION: Carried SUBJECT: COUNTY ROAD MAINTENANCE AGREEMENT The three year draft agreement was reviewed again briefly. The County is requesting a resolution of support for the document, so that they can proceed with a by-law. RES. NO. 4 Moved by Mooser Seconded by Warwick RESOLVED that Council of the Municipality of West Elgin formally endorses the road maintenance agreement between the County and the Lower Tiers, as set out in the Agreement Document forwarded to our th council on January 29, 2001 and further that a copy of this resolution shall be sent to the County of Elgin. DISPOSITION: Carried SUBJECT: PARKS & ARENA REPORT Jeff Slater gave his recreation report for the previous month. They are just starting the repairs in the arena. The dressing room ceiling and the washrooms are in need of th repairs. The grand opening for the pool is scheduled for May 26, 2001. The tractor and mower should be delivered early in May. 2 th April 12, 2001…Page 3 of 10 Councillor Mooser requested that a specific area of grass known as the PUC property would need to be cut . He asked that Jeff make arrangement with either his men or the road department to have it done. Discussions took place concerning the sale of the storage building on Chestnut Street. If the building is sold, the recreation department will have to make new arrangements for storage. Many possible solutions were discussed, but it was generally felt that the best solution might be to build an inexpensive garage/storage type of building, close to the arena, and the big equipment will possibly have to be stored at the Roads Garage. Jeff will investigate this option further. Administrator Groch reported that the grant application for the Super Build program has been completed and sent to the Ministry. It is hoped that this funding will be used for a washroom building at the recreation ball park location, near Jessie Street. Councillor Balint reported that the Arena Board had made three recommendations for council consideration: 1. They have requested that an engineer prepare a preliminary feasibility report on what would be needed to bring the arena up to safety code standards and a renovation of the warm room. 2. Investigate the costs to establish a second floor. 3. Investigate the cost to relocate the south side entrance at the west side instead. After discussions, Council directed Jeff to have an Engineer prepare a draft feasibility study for the preliminary costing of the suggestions outlined above, proposed by the Recreation Board of Management. DELEGATION – L. A. RESTAURANT& BAR Irene Renwick appeared before council with concerns about the liquor licence application for the L.A. Restaurant & Bar opening up at Port Glasgow. Being a neighbouring property she had concern for the fact that they were unaware of this application, until they investigated a sign posted on the door of the establishment. Mrs. Renwick presented a petition, signed by other property owners in the general area, that feel this is not the proper location for such an establishment, due to the traffic concerns, parking and noise. The petition will be sent to the Liquor Control Board and Gaming Commission. Council will not be signing the petition. The Mayor thanked Mrs. Renwick for her presentation, however he reminded her that the final decision will be the Liquor Control Board, not council. Council will send a letter to the Board to inform them, that council are aware of the concerns of the citizens in that area and the traffic flow problems that could arise. The County Engineer will be contacted about the traffic flow concerns, and possibly the new owner could be invited to a council meeting to have some of these concerns addressed. SUBJECT: ERIE FLOORING Councillor Mooser reported that Steve Peters, MPP is willing to try to investigate some solutions for the Erie Flooring environment problems and it also hoped that Gar Knutson, MP will also get involved to work out a solution to the black smoke issue. SUBJECT: PARKING PROBLEMS Discussions took place once again regarding the parking problems at the High School and other areas. The Administrator was directed to have some parking tickets printed. The Mayor will request that Karen Dunn contact the Chief Justice and report back to council. 3 th April 12, 2001…Page 4 of 10 SUBJECT: BUILDING REPORT Lorne McLeod presented his monthly report to council indicating that four new permits had been issued during the month of March totalling $190,000 worth of construction. Total permits to date is 9 equalling $518,500 worth of construction. He reported that the demolition work and clean-up at the old dairy bar in West Lorne is complete. There are still a number of property standard issues to be dealt with. A possible title search on a particular property may have to take place, since there has been no replies to any correspondence sent. The problem at the Ingram property is still being investigated, and they may have to arrange for a search warrant to inspect the property. A complaint has been received regarding a forty foot trailer that was moved onto the DeWilde property near Eagle, after a fire destroyed the trailer on the property. The zoning for this is, may not be allowed, and Lorne will investigate it further. Council is moving ahead with the hiring of a part-time property standards bylaw officer for the Municipality. Interviews will be taking place in the near future, for those on the short list for the position. DELEGATION: CYNTHIA NURSE – “Elgin 5” Cynthia Nurse attended before council to give a presentation on a group formed, called the “Elgin 5”. The is basically a United Way group that are hosting a Luncheon on May th 11, 2001 to promote the idea of community mapping, which is coordination of various agencies to work together and act as a delivery model to bring about opportunities for the future of Elgin County. DELEGATION: WEST LORNE STREETLIGHTS A delegation from the West Lorne Area Horticultural Society appeared before council to give a presentation on streetlights. Liz Clarke acted as spokesperson for the group and presented cost estimates and design proposals. Also in attendance, as part of this presentation were a group of gentlemen from the lighting company to give further design and installation information to council, if the proposal is successful. After a lengthy discussion the following resolution was passed: RES. No. 5 Moved by Balint Seconded by Warwick RESOLVED that Council agrees with the recommendation from the West Lorne and Area Community Horticultural Society to proceed with the street lighting project, as presented, subject to input from the Roads Superintendent on the height restrictions. DISPOSITION: Carried The Clerk was directed to sent a Thank you note to the Horticultural Society for spear heading the street lighting project. SUBJECT: CLOSED SESSION RES. NO. 6 Moved by Bandeen Seconded by Balint RESOLVED that Council of the Municipality of West Elgin adjourn to a closed session to discuss a matter in respect of which a council member has authorized a meeting to be closed under the Freedom of Information and Privacy Act. DISPOSITION: Carried RES. NO. 7 Moved by Balint Seconded by Bandeen RESOLVED that the Council of the Municipality of West Elgin do now rise and report. DISPOSITION: Carried 4 th April 12, 2001…Page 5 of 10 SUBJECT: PROPERTY STANDARDS ISSUES RES. NO. 8 Moved by Bandeen Seconded by Balint RESOLVED that Council directs the Chief Building Official to investigate the problems at the two properties, as outlined in a letter sent to Councillor Bandeen, regarding property standards. DISPOSITION: Carried ONTARIO CLEAN WATER AGENCY SUBJECT: RES. NO. 9 Moved by Bandeen Seconded by Warwick RESOLVED that the Administrator is instructed to communicate with Dutton/Dunwich/Southwold to set up a meeting to discuss common environmental interests provided by the Ontario Clean Water Agency. DISPOSITION: Carried SUBJECT: GRAY LINE WATER LINE EAST Mayor McPhail advised that the water line on Gray Line to service the Baxley property adjacent to the Old Boy’s Park will be a dead end line as Lakewood Trailer Park is not interested in connecting. Lloyd has reported that there will be problems keeping the water up to standards and as an alternative the Baxley property could continue to be serviced through the Park. Council recommended that the fee be $4,900 plus $90 per trailer site. SUBJECT: LILLEY-MCGILL PETITION DRAIN RES. NO. 10 Moved by Bandeen Seconded by Balint RESOLVED that Spriet & Associate be appointed to prepare a report under Section 4 of the Drainage Act for the Lilley-McGill Petition Drain at the request of Dave Lilley and Brian McGill for work on Concession 2 & 3, Lots Y and Z and that the report be submitted within six months. DISPOSITION: Carried SUBJECT: DRAINAGE MAINTENANCE CONTRACT RES. NO.11 Moved by Bandeen Seconded by Balint RESOLVED that the quote from Dave Lilley be accepted in the amounts of $60.00 per hour for backhoe, $50.00 per hour for dump truck , and $25.00 per hour for labour, plus GST for the 2001 Drainage Maintenance contract. Disposition: Carried SUBJECT: ACCOUNTS Res. No. 12 Moved by Bandeen Seconded by Balint RESOLVED that the Mayor and Administrator/Treasurer be and they are hereby authorized to sign Payment Voucher #4, amounting to $810,621.17, in settlement of General, Road and Water Accounts. (Cheques #9697 – 9983 plus General/Roads/Water Payrolls including Arena #919-948). DISPOSITION: Carried 5 th April 12, 2001…Page 6 of 10 SUBJECT: BY-LAW 2001-01 – REPEAL INTERIM CONTROL RES. NO. 13 Moved by Warwick Seconded by Bandeen RESOLVED that the mover be granted leave to introduce a By-Law to Repeal By-Law No. 2000-01 and By-Law No. 2001-01 being an Interim Control Regulating Livestock bylaw and that this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO.14 Moved by Balint Seconded by Bandeen RESOLVED that a by-law to repeal By-law No. 2000-01 and By-Law No. 2001-01 being an Interim Control Regulating Livestock bylaw, and this bylaw shall now be read a third time and finally passed, signed, sealed and numbered – By-Law No, 2001-5 – To Repeal Interim Control. DISPOSITION: Carried SUBJECT: BYLAW 2001-14 – ZOLLER DRAIN RES. NO. 15 Moved by Bandeen Seconded by Balint RESOLVED that the mover be granted leave to introduce a bylaw to authorize the construction of the Zoller Municipal Drain and this shall constitute the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 16 Moved by Mooser Seconded by Warwick RESOLVED that a bylaw to provide for drainage works in the Municipality of West Elgin in the County of Elgin to be called and known as the Zoller Drain be now read a third time and finally passed, signed, sealed and numbered – By-Law No. 2001-14 – Zoller Drain. DISPOSITION: Carried SUBJECT: CORRESPONDENCE 1. MTO – Emergency Detour Route Instruction: RES. NO. 17 Moved by Bandeen Seconded by Mooser RESOLVED that Council of the Municipality of West Elgin approves the emergency detour routes outlined in the letter from the Ministry of Transportation that would make use of County Road 76 and the corresponding roads leading from the 401, as set out in their request of th March 26, 2001 and further that a copy of this resolution shall be sent to the Ministry of Transportation. DISPOSITION: Carried 2. County of Elgin – Emergency Detour Route Instruction: RES. NO. 18 Moved by Balint Seconded by Warwick RESOLVED that Council of the Municipality of West Elgin approves the emergency detour routes outlined from the County of Elgin, letter and th maps dated March 30, 2001 that would make use of County Road 3 and the corresponding roads leading to and from the 401, and further that a copy of this resolution shall be sent to the County of Elgin and the Ministry of Transportation. DISPOSITION: Carried 6 th April 12, 2001…Page 7 of 10 3. Village of Merrickville-Wolford – support of a resolution Instruction: Clerk was directed to prepare a resolution for the next council meeting. 4. City of Welland – support of a Fire Services funding resolution Instruction: File 5. Elgin Group Police Services Board Instruction: RES. NO. 19 Moved by Bandeen Seconded by Warwick RESOLVED that Council approves the draft budget for the Elgin Group Police Services Board as set out for consideration in their th letter of March 28, 2001. DISPOSITON: Carried 6. City of Owen Sound – support of resolution – transport of prisoners Instruction: RES. NO. 20 Moved by Balint Seconded by Warwick RESOLVED that Council of the Municipality of West Elgin is in support of the resolution put forth by the City of Owen Sound regarding the functions and costs of prisoner transportation and court security shall be the responsibility of the Province of Ontario, and that copies of this resolution shall be sent to the appropriate agencies. DISPOSITION: Carried 7. Town of Mono – support of resolution – abandoned wells Instruction: Clerk to prepare a resolution of support for next meeting. 8. Steve Peters, MPP – Local Heroes Program Instruction: File 9. Ministry of the Environment – TCR Facility – non-compliance Instruction: File 10. County of Elgin – support of resolution Instruction: RES. NO. 21 Moved by Bandeen Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin is in support of the resolution put forth by the County of Huron and endorsed by the County of Elgin that requests that the Province rethink the decision to close Psychiatric institutions across Ontario and that a copy of this resolution shall be sent to the appropriate agencies. DISPOSITION: Carried 11. City of Cornwall – support of resolution – fuel tax Instruction: Clerk to prepare a resolution for the next council meeting. 12. Durham Region – proper notice for pits and quarries changes Instruction: Clerk is to prepare a resolution for the next council meeting. 13. University Medical Students – high tuitions and doctor shortages Instruction: Clerk directed to prepare a resolution of support for the next council meeting. 7 th April 12, 2001…Page 8 of 10 County of Elgin – Notice of Decision – I & W Golligher 14. - Notice of Decision – L & R Wood Instruction: File 15. West Lorne Portuguese Community Festival Instruction: RES. NO. 22 Moved by Bandeen Seconded by Balint RESOLVED that Council of the Municipality of West Elgin supports the request to hold the Portuguese Festival in West Lorne on May thth 19 and 20, 2001 and that the Festival is recognized as a “Community Festival.” DISPOSITION: Carried 16. Rural Municipal Workshops on Nutrient Management Issues Instruction: File 17. County of Elgin – Notice of Appeal – J & R Thompson - Severance Application – E & O Lewinsky Instruction: RES. NO. 23 Moved by Bandeen Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin have the following comments regarding Severance Application E22/01 as applied for by Edward and Olga Lewinsky, Part Lot 6, Concession 12: Council approves the severance, and the conditions are as follows: Reasons and Conditions: Subject to rezoning, if required Subject to apportionment of Municipal Drainage assessments Subject to drainage outlet & drainage agreement if required Subject to requirements of the Municipal Road Department regarding access and/or drainage Subject to future residential development on the retained portion being adjacent to an HR zone. DISPOSITION: Carried 18.(a) Karl Arvai – Thompson Severance – letter of appeal to OMB Instruction: Ted Halwa to respond 18(b) CSX Transportation Crossing – letter Instruction: Forward to Tri-County for consideration 18(c) P. Gangle letter, re intensive livestock by-law Instruction: File 19. Lower Thames Conservation Authority – Longwoods Heritage Weekend - Earth Week Tree Planting Program - Annual Meeting Minutes, Feb. 22, 2001 Instruction: File 20. Ministry of Municipal Affairs & Housing – New Funding for Social Housing Instruction: File 8 th April 12, 2001…Page 9 of 10 21. OPAC – digital parcel mapping for Southern Ontario Instruction: File 22. Ministry of Agriculture – Healthy Futures program funding for water quality, food safety and quality assurance & food marketing projects Instruction: File 23. Ministry of Citizenship – Senior Awards -Community action Awards for contribution to the improvement of lives of disabled. - Syl Apps Awards – Youth contributing to Community Action and participation. Instruction: File 24. AMO - Ontario Energy Board Decision overturned by the Province - Social Housing funding announcement - new provincial funding available for Ontario grain and oilseed farmers - Walkerton inquiry – phase 2 will focus on Environment - survey on Provincial-Municipal relations Instruction: File 25. Minister of the Solicitor General – Emergency Measures course information Instruction: File 26. Hydro One – Amended Distribution Rates Instruction: File 27. Fred Dean – law office – municipal specialty Instruction: File 28. OSUM Conference in Stratford, May 3 – 5, 2001 Instruction: File 29. National Aboriginal Day on June 21, 2001 Instruction: File 30. Ministry of Finance – Transition ratios for property tax billing Administrator/Treasurer, Joanne Groch briefly explained the process of the legislation set down by the Ministry Instruction: File * Information enclosed RES. NO. 24 Moved by Bandeen Seconded by Balint RESOLVED that the correspondence be dealt with as per the instructions of Council noted. DISPOSITION: Carried SUBJECT: MISCELLANEOUS ITEMS The Clerk was instructed to send a letter to Union Gas to request that they identify their vehicles in some way, and it was suggested that magnetic signs would be a possible solution, so that property owners are aware of who is entering their property, and why. The Mayor will be meeting with officials from Canada Post next week, regarding the request that the Canada Post building be relocated to the downtown area of West Lorne. 9 th April 12, 2001…Page 10 of 10 SUBJECT: MINUTES th ? Hydro Electric Commission – March 8, 2001 th ? Parks & Recreation – March 28, 2001 SUBJECT: MISCELLANEOUS ITEMS 1. Green Lane Environmental – Recycling Schedule change. 2. Rabies Clinic – There has been trouble trying to schedule a rabies clinic with the local veterinarians, and perhaps further investigation will be required. SUBJECT: ADJOURNMENT RES. NO. 25 Moved by Bandeen Seconded by Balint RESOLVED that this Regular Session of Council adjourn at 5:30 p.m. to th meet again on May 10, 2001. DISPOSITION: Carried th These minutes were adopted on the 10 day of May 2001. ____________________________ ____________________________ Mayor Clerk 10