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July 26, 2001 Regular Meeting M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS th JULY 26, 2001 MEMBERS PRESENT: Mayor Duncan McPhail, Deputy Mayor Graham Warwick Councillors: Trudy Balint, Michael Mooser, Brad Bandeen STAFF PRESENT: Joanne Groch Administrator/Treasurer Linda Cranston Clerk/Deputy-Treasurer Rick Jackson Road Superintendent Jeff Slater Parks& Arena Superintendent Lorne McLeod Chief Building Official Lloyd Jarvis Water Utility Manager Wray Ramsay Drainage Superintendent ALSO IN ATTENDANCE: Ted Halwa, Planner SUBJECT: MINUTES RES. NO. 1 Moved by Bandeen Seconded by Balint RESOLVED that the minutes of the meetings of Council held on the following dates be adopted as printed and circulated. th June 14, 2001 Regular Meeting th June 14, 2001 Committee of Adjustment th June 14, 2001 Court of Revision th June 14, 2001 Court of Revision st June 21, 2001 Special Meeting th June 28, 2001 Planning Meeting th June 28, 2001 Committee of Adjustment th June 28, 2001 Committee of Adjustment DISPOSITION : Carried ND SUBJECT: 2 COURT OF REVISION – LINDENMAN DRAIN Council adjourned to the second Court of Revision Meeting for the Lindenman Drain, and resumed their Council meeting thereafter. SUBJECT: PUBLIC MEETING – TEMPORARY USE BYLAW – R. NEWMAN Council adjourned to a Public Meeting to address a temporary-use by-law amendment to the zoning by-law. SUBJECT: HARRY MEZENBERG – CHC Harry brought council up to date on the status of the Health Centre project. Ted Halwa, using a survey map of the area, explained some of the planning issues involved with the project. Some of the issues to be sorted out: 1) the property that will be acquired by the municipality for unpaid taxes. The municipality has never registered the property, so we do not have clear title to it at this time, 2) the parking area size will have to be defined with more accuracy, 3) union gas easements and hydro easements located if possible, 4) decide where the municipality wants to locate the service road, 5) decide how the services will be provided. 1 th July 26, 2001/council mtg Discussions determined that the water and drain service will have to be upgraded. Fund raising will begin in September, and the committee plans to get as much ground work as they can, completed in the fall, so they may break ground in the spring. Discussions with Dutton/Dunwich will take place to propose that they provide some percentage of the financial assurance for the project. SUBJECT: CLOSED SESSION RES. NO. 2 Moved by Bandeen Seconded by Mooser RESOLVED that Council of the Municipality of West Elgin adjourn to a closed session for the receiving of information and advice pursuant to a proposed or pending acquisition of land or property. DISPOSITION: Carried RES. NO. 3 Moved by Balint Seconded by Bandeen RESOLVED that the Council of the Municipality of West Elgin do now rise and report. DISPOSITION: Carried RES.NO. 4 Moved by Bandeen Seconded by Warwick RESOLVED that Council of the Municipality of West Elgin agrees to the following: 1) to hold a $25,000.00 mortgage on the Chestnut Street property in favour of Milner/Rigsby, over a five-year term and that the lawyer be contacted to proceed with the sale of the property. 2) that the municipality agrees to pay ½ of the cost to fence a portion of the boundary on the Chestnut Street property. DISPOSITION: Carried Council thanked Harry for bringing the status report on the new Health Centre project. SUBJECT: KRUMM SEVERANCE PROPOSAL Dan Perovich and representatives from the Krumm family attended at council to propose a severance on the property owned by Mrs. Krumm located at Con. 9, Pt. Lot 10. Council explained, that they were not in objection to the severance, however the policy of the municipality is that an A2 Zoning rational is to keep the lot size down to a certain size. Discussions followed, and the Krumm family agreed to demolish the old kiln behind the barn, and that would allow the severed lot line to run as close as a one-metre set-back from the barn on the north side and they also agreed to straighten the western boundary line of the severed portion. A new design proposal will be sent back to council for consideration at a future meeting. SUBJECT: BUILDING REPORT Lorne MacLeod, Chief Building Official presented his report for the month of June indicating that ten new permits have been issued during the month of June totalling $302,500 worth of construction. Total permits to date is 42 equalling $1,957,700 worth of construction. Council discussed whether it was necessary for Lorne to attend the regular meetings. It was felt that he could attend at his discretion. SUBJECT: PLANNING MATTERS A verbal request for zoning information was received by the Melody Fellowship Church representative, that have purchased property on the east side of Graham Road, south of West Lorne. They are proposing to change the zoning to permit a Church to be built on the property. It was noted that the property has some significant wetland areas and the proposal would require an official plan amendment as well as a zone amendment. This will require the regulated circulation to the local residents within 200 feet of the property th July 26/01 2 and it may be a lengthy and costly process. The Clerk is to correspond with him, and explain the procedures. A proposal has been received from a Major Gene Smith, regarding the development of a Peacekeeping Camp on a property located at N. Pt. Lot 16 and 17, Con. 2 W.D. This proposal would include a peacekeeping training centre, memorial park, and a summer camp for physically challenged children. This would require an official plan amendment as well as a zone amendment. Council has some issues concerning his water supply, whether the health unit would approve a sewage system for that type of proposal, and they cannot give an informed decision, until they have further information. The Clerk will contact the Major, and request that he attend at a future council meeting. SUBJECT: CHRISTENE CRIMGEOUR – AUDITORS REPORT Christene Scrimgeour, Auditor for the Municipality of West Elgin presented the consolidated auditors report for the year-end 2000. The consolidated financial statements include the activities of all committees of Council, as well as the Four Counties Community Transportation Services, Port Glasgow Yacht Club and the Old Boys Association. Not consolidated are the West Elgin Hydro Commission, and the Community Centre. Christene reviewed the assets, liabilities, sources of financing, expenditures of the revenue fund, capital fund, reserve funds and reserves. Christene answered questions of council as she went along in her presentation and she reported that the separate Hydro and Arena Board statements are available for viewing. She noted that there were several large capital waterworks projects that had been on-going throughout the year, and some extra revenue sources, such as donations to the new pool, the new fire truck and the Old Boys Park monies, which have a significant impact on the relevant general revenues and expenditures. Council was quite satisfied with the Audit report. Councillor Mooser requested that next year the report be made available to the councillors a week ahead, so they have an opportunity to review it in detail. Christene replied, that it would not be a problem. Council thanked her for her report. SUBJECT: BYLAW 2001-28 – APPOINT AN AUDITOR RES. NO. 5 Moved by Balint Seconded by Bandeen RESOLVED that the mover be granted leave to introduce a By-Law under Section 86(1) of the Municipal Act to appoint an auditor for the Municipality of West Elgin for a three-year term ending in December 2003, and that this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 6 Moved by Mooser Seconded BY Warwick RESOLVED that a By-Law under Section 86(1) of the Municipal Act to appoint an Auditor for the Municipality of West Elgin for a three-year term, ending in December of 2003, be hereby read a third time and finally passed, signed, sealed and numbered – By-Law Number 2001-28 – Appoint an Auditor. DISPOSITION: Carried SUBJECT: ACCOUNTS RES. NO. 7 Moved by Mooser Seconded by Warwick RESOLVED that the Mayor and Administrator/Treasurer be and they are hereby authorized to sign Payment Voucher #7, amounting to $1,069,165.61 in settlement of General, Road and Water Accounts. (Cheques #469 – 698 plus Roads/General/Water/ Payroll/including Arena Voucher Cheques #986- 1006 in the amount of $3649.62) DISPOSITION: Carried th July 26/01 3 SUBJECT: DRAINS Wray Ramsay gave a verbal report to council. He explained some of the on-going issues with the parties involved in the Fodor Drain. Council directed that the Clerk should correspond with the Engineer and have them present a report to Council at a future council meeting. SUBJECT: PETITION DRAIN – HARVEY NEWPORT RES. NO. 8 Moved by Bandeen Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin accepts the Petition form from Harvey Newport for drainage work on Concession 1, Lot 10 under Section 4 of the Drainage Act. DISPOSITION: Carried SUBJECT: JANET PINDER – PROGRAM CO-ORDINATOR PROPOSAL Janet Pinder appeared before council to request that a donation be made for the West Elgin Community Parent Child Resource Centre and then she proceeded to give a presentation on a proposal for a Community Co-Ordinator Project. This project would be funded under the Jobs Creation Partnerships program, which is a grant created for the Human Resources Development Canada. This project would provide an inventory of all the various user groups in the area and communicate with them to co-ordinate fund raising efforts, make better use of web sites for advertising, etc. She would also investigate funding sources and would be accountable to the Municipality for reporting as requested. One requirement to be eligible is to be on unemployment. The second part of her presentation was a proposal for a Community Events Project Director. She would be hired on an individual basis by the organization that was requesting assistance at the time, ie: to organize a Home Show for the area. The Administrator will review the application forms and investigate the possibility of this type of project. RES. NO. 9 Moved by Bandeen Seconded by Balint RESOLVED that the Municipality of West Elgin approves a funding donation to the West Elgin Community Parent Child Resource Centre in the amount of $5,000.00. DISPOSITION: Carried SUBJECT: ALLAN BEER – FIRE CHIEF Allan Beer, Fire Chief for the West Lorne Fire Dept. attended at council request direction concerning the old fire pumper. The pump is good on the truck, however the transmission and the body is not in good shape. After discussions took place it was decided that it was not worth the value of fixing the transmission. He was instructed to strip the good equipment off of it, and advertise it for sale as is. Mr. Beer also reported that the photo copier has quit working. The Clerk and Mr. Beer will both investigate some pricing on a photo copier and get some estimates as well. SUBJECT: ROAD REPORT Rick presented his report from the previous month and he gave a status report on the road side grass cutting schedule. He reported that the results from the employees that attended the various Road School courses in May was excellent. The courses were on Soils and Pavement, Human Resources, Report Writing and Presentation and the marks were all in the 80’s and 90’s. Rick reported that calcium had been applied to Queen Street, Black’s Lane and McColl Sideroad, but it still needs a good rain to be effective. th July 26/01 4 SUBJECT: SIDEWALK QUOTE Only one tender quote was received for the sidewalk construction from Dave Lilley & Son Excavating. RES. NO. 10 Moved by Mooser Seconded by Warwick RESOLVED that the Sidewalk Construction tender quote from Dave Lilley & Son Excavating in the amount of $42,538.00 + GST be accepted. DISPOSITION: Carried SUBJECT: RECREATION REPORT Jeff presented his report for the previous month. He reported that due to liability and the cost to bring certain play equipment up to proper safety standards, several pieces of equipment at the Old Boys Park as well as the Recreation Parks has been removed completely. He will present replacement cost figures at the next recreation committee meeting. The following recommendation was approved at the last meeting of the committee. RES. NO.11 Moved by Balint Seconded by Bandeen RESOLVED that Council accepts the quote as recommended by the Recreation Committee from Dave Lilley & Sons Excavating in the amount of $6,741.00 + GST to install a 650’ length of fencing. DISPOSITION: Carried SUBJECT: WATER REPORT Lloyd presented his water report for the previous month. All the major construction projects for this year have been completed to date. He requested direction from council regarding the George Vanceeder water connection. The fee has not been paid at this time, and they were requesting that council consider an adjustment in the account owing. It was council’s decision that no adjustment will be made. The Clerk is to correspond with them, to give them a one month notice that the account is to be paid in full ($6900.00) or the connection will be cut off. A letter was received from Anita Carter regarding her sewer connection charges. Lloyd explained the history of the on-going issue. Due to the physical nature of the connection, previous owners of the property did not connect to the sewer system, because of the cost involved. She is charged a monthly sewage charge, because the Bylaw states that every property owner is responsible for mandatory hook-up. After discussions, Lloyd was requested to bring back some elevation information from Brad Rieve and the subject was tabled till a future council meeting. Lloyd reported that water quality testing is being done on a weekly basis. SUBJECT: CORRESPONDENCE 1. Land Division – Severance – V. Jasinskas RES. NO. 10 Moved by Balint Seconded by Bandeen RESOLVED that the Council of the Municipality of West Elgin have the following comments regarding Severance Application E59/01 as applied for by the Estate of Henry Jasinskas, Part Lot 10, Concession 9: Council approves the severance. Reasons and/or Conditions: Subject to rezoning Subject to apportionment of Municipal Drainage Assessments Subject to drainage outlet & drainage agreement if required th July 26/01 5 Subject to requirements of the Municipal Road Department regarding an access and/or drainage Subject to no further residential development on the retained agricultural portion. DISPOSITION: Carried 2. Christiaen Van Raes – request for an extension on the kiln removal agreement. RES. NO. 12 Moved by Bandeen Seconded by Balint RESOLVED that Christiaen Van Raes be given approval to extend the agreement to remove the kilns from the property at Lot 2, Con. 11 and this extension shall be for a three year term. DISPOSITION: Carried 3. Elgin County Archives- Archivist hired, and the Municipalities in the lower tier will be able to utilize him for storage and safekeeping of some historical records. Instruction: File 4. Elgin St. Thomas Archives Assoc. – membership. RES. NO. 13 Moved by Warwick Seconded by Mooser RESOLVED that Council of the Municipality of West Elgin approves the membership fee of $25.00 for the Elgin St. Thomas Archives Association. DISPOSITION: Carried 5. City of Windsor request support of a resolution that the CRF reconciliation be done at year end. Instruction: File 6. City of Stratford request support of a resolution regarding ground water preservation. RES. NO. 14 Moved by Balint Seconded by Mooser RESOLVED that the Municipality of West Elgin is in support of the resolution put forth by the City of Stratford, to urge the Government of Ontario to take immediate action to protect the deep groundwater acquifer resources for all time. DISPOSITION: Carried 7. Municipality of West Perth is requesting support of a resolution regarding intensive livestock operations. Instruction: File 8. LTVCA – letter of response regarding the Jean Feasby property trespassing prevention. Instruction: This letter is to be included in the package to be sent to the Ministry of Municipal Affairs & Housing for the Official Plan Amendment. 9. Elgin Trail Committee – reminder notice regarding the Elgin Trail Pavilion opening th ceremony on August 4, at 2:00 p.m. Instruction: File 10. Gar Knutson, M.P. – follow up letter re: Canada Post office in West Lorne. Instruction: File 11. Canada Post – letter regarding service expectations. Instruction: File th July 26/01 6 12. West Elgin Community Policing Committee letters. Instruction: Clerk is to contact the lawyer and send him a copy of letter from R. O’Connor for his comments. 13. Ministry of Municipal Affairs – Smart Growth overview. Instruction: File 14. Ministry of Finance – information on new tax bill form requirements. Instruction: File th 15. LTVCA – Minutes from the June 28 mtg. and newsletter. Instruction: File 16. West Elgin Health Centre – Annual Report. Instruction: File 17. Frank Cowan Insurance – newsletter which includes play equipment safety. Instruction: Clerk to give a copy to the Recreation Manager and Committee members 18. Al VandenBrink, Erie Flooring – memo regarding black smoke emissions. Instruction: Any complaints received are to be forwarded to him immediately. RES. NO. 15 Moved by Warwick Seconded by Mooser RESOLVED that the correspondence be dealt with as per the instructions of Council as noted. DISPOSITION: Carried SUBJECT: MINUTES ? Arena Board Meeting - June 12, 2001 ? Arena Board Minutes - July 10, 2001 ? Recreation Committee Minutes - June 27, 2001 SUBJECT: BUDGET Administrator Joanne Groch discussed the final budget with council and the following resolution was passed. RES. NO.16 Moved by Warwich Seconded by Mooser RESOLVED that Council approve the municipal budget levy in the amount of $1,950,456.00 and the tax rate of .006224 (not including the increase for industrial as per government legislation). DISPOSITION: Carried SUBJECT: OLD BOYS PARK The Old Boys Association has requested that they require some help for the Annual th BBQ to be held on Saturday, August 11. Anyone from council that is available to help with the event would be welcome. There is an issue at the Old Boys Park regarding an unpaid trailer rental fee that is still not paid. The Administrator is directed to seek the advise of the lawyer in this regard. th July 26/01 7 SUBJECT: CLOSED SESSION RES.NO. 17 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 personal matters about an identifiable individual. DISPOSITION: Carried RES. NO.18 Moved by Mooser Seconded by Warwick RESOLVED that the Council of the Municipality of West Elgin do now rise and report. DISPOSITION: Carried RES. NO. 19 Moved by Bandeen Seconded by Balint RESOLVED that the Municipality of West Elgin will advertise a position for an employee for the Administration Department. DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 20 Moved by Mooser Seconded by Warwick RESOLVED that this Regular Session of Council adjourn at 5:38 p.m. to th meet again on August 9, 2001. DISPOSITION: Carried th These minutes were adopted on the 9, day of August 2001. ___________________________ ____________________________ Mayor Clerk th July 26/01 8