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March 08, 2001 Regular Meeting M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS MARCH 8TH, 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 Lloyd Jarvis Water Dept. 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 January 25, 2001 Special Meeting th 8, 2001 Regular Meeting February nd February 22, 2001 Public Meeting nd February 22, 2001 Special Meeting DISPOSITION: Carried SUBJECT: DISCUSSION FROM MINUTES Councillor Warwick requested confirmation on the name of the Tile Drain Inspector. He was told it was Neil McColl, and Wray Ramsay is the Drainage Superintendent. SUBJECT: DECLARATION OF APPOINTED OFFICE The newly appointed Clerk/Deputy-Treasurer for the Municipality recited the Oath, and made the declaration of Appointed Office. Mayor Duncan McPhail, on behalf of council welcomed the new Clerk to the Municipality of West Elgin, and offered any help and assistance that may be needed. Clerk Cranston replied with her thanks and appreciation for the opportunity to serve the Municipality. SUBJECT: PARKS & ARENA REPORT Jeff Slater, Parks & Arena Superintendent presented his report for the previous month. The winter arena schedule is almost done, and the spring activities are quickly starting. The pool is being prepared for spring opening. The skateboard parks projects are still in progress. Jeff reported that he would be attending a training course, and has arranged for staff replacements as required. Councillor Balint reported that the Summer Games co-ordinators were trying to arrange the use of various swimming pools in the areas surrounding London, to book practice times for the competitors, and she suggested that the Recreation Department could sign on for this. Jeff reported to Council that the old Ford tractor was approximately 22years old, and should be replaced. Since a mower was also needed, he recommended that the two pieces of equipment be purchased as a package deal for a better deal. March 8,2001…Page 2 of 10 TRACTOR QUOTES : The Quotes for the tractors were presented as follows: Dealer Price Trade-In Net Price 1. MF 1165 Sheddon 31,000.00 21,500.00 9,500.00 2 Kubota 4310 Hyde Park 32,950.00 17,000.00 15,950.00 3. Kubota 4310 Vandan Brink 30,375.00 19,250.00 11,125.00 New Holland TN65 Ellis 32,200.00 20,550.00 12,250.00 4. 5. John Deere 4700 Fulline 30,830.00 18,000.00 12,830.00 6. John Deere 5310 Fulline 42,312.00 18,000.00 24,312.00 7. New Holland TC45D Ellis 31,300.00 20,550.00 10,950.00 The Quotes for the mowers were presented as follows: 1. Land Pride AFM40 Ellis 11,645.00 1,650.00 9,995.00 2. Woods 7144RD Fulline 19,410.00 6,833.00(disc.) 12,577.00 3. Farm King Sheddon 9,150.00 1,200.00 7,950.00 Rhino Tri-Plex Sheddon 10,900.00 1,200.00 9,700.00 4. 5. Land Pride AFM40 Ellis 11,300.00 1,200.00 10,300.00 6. Woods 7144RD Hyde Park 11,700.00 1,000.00 10,700.00 7. Bush Hog Vandan Brink 11,491.00 --0-- 11,491.00 The recommendation from the Recreation Facility Superintendent was the New Holland TN65 tractor @ $12,250.00, and the Land Pride AFM mower, @ $22,245.00, plus 2446.95 taxes, less the trade-in price for a total cost of approximately $24,691.95. After discussions, the recommended quote was agreed upon, “in Principle”, however Jeff was requested to provide further details regarding the portion of the trade-in equipment that is owned by the Tri-County. The final decision will be made at the next council meeting. SUBJECT: ROAD REPORT Rick Jackson, Road Superintendent presented his report for the previous month. Rick advised that the grader was requiring more extensive repairs than anticipated. He advised council that each road crew would now have a cell phone for safety purposes. Council discussed the upgrading of Fletcher Lane and requested Rick to prepare a costing for this year’s budget. A councillor reported that the municipal trucks parking at One Stop, obstruct the line of vision at the corner, making it dangerous to turn. Rick is to request that the men park their vehicles around the corner for safety purposes. There was general discussion on the planned tree trimming and Rick reported that some trees may have to be removed completely, due to safety considerations. Questions were asked concerning the recovery costs from the MOE, for the use of the back-hoe, during a fire. Rick has been advised that the detour signs will all be orange in colour. Rick spoke briefly about the gravel and calcium quotes. Council directed him to proceed to tender quotes. A request received regarding the rental use of the wood chipper, was denied by council, due to the liability concerns. Municipal equipment is for municipal purposes only. Rick submitted a report on the installation of lights at certain intersections of County Roads. As a result of this report the following resolution was passed. RES. NO. 2 Moved by Bandeen Seconded by Warwick RESOLVED that Council proceed with the installation of a street light at each of the following intersections: 1) Furnival Road & Talbot Line 2) Graham Road & Talbot Line 3) Furnival Road & Downie Line and that Council proceed with the Main Street Light project in West Lorne. DISPOSITION: Carried 2 March 8,2001…Page 3 of 10 SUBJECT: MISCELLANEOUS ITEMS Street-lighting in West Lorne was a topic of discussion. Councillor Warwick reported that he had attended a Chamber of Commerce and Business Improvement Association meeting, and that committee, along with the Horticultural Society are working on a plan of action, to refurbish the downtown area, with new street lights and planted areas, through a Community Beautification Project. Graham also reported that he had been appointed to the Economic Development Committee, as well as the Welcoming Committee. Any suggestions for these two committees are to be given to him. SUBJECT: CLOSED SESSION RES. NO. 3 Moved by Bandeen Seconded by Balint RESOLVED that Council of the Municipality of West Elgin adjourn to a closed session to discuss personal matters about an identifiable individual, including municipal or local board employees. DISPOSITION: Carried RES. NO. 4 Moved by Balint Seconded by Bandeen RESOLVED that the Council of the Municipality of West Elgin do now rise and report. DISPOSITION: Carried SUBJECT: ROAD EMPLOYEE Part-time Staff RES. NO. 5 Moved by Warwick Seconded by Mooser RESOLVED that Blair Schweitzer be hired as an employee of the West Elgin Roads Department, during the interim, while Larry Knapp is in recovery. This position will become effective, at the end of the “winter hours night shift” period and will end upon Larry’s return to work. DISPOSITION: Carried SUBJECT: TRAFFIC CONTROL LIGHTS The following quotes were received for purchase of the used traffic heads and brackets: 1. Advance Signal Kontrol $ 2907.00 + GST 2. J-Mar Line Maintenance Inc. $ 2200.00 + GST RES. NO. 6 Moved by Bandeen Seconded by Mooser RESOLVED that the quote of Advance Signal Kontrol in the amount of $2907.00 for purchase of traffic heads and brackets be accepted. DISPOSITION: Carried SUBJECT: ACCOUNTS Res. No. 7 Moved by Bandeen Seconded BY Balint RESOLVED that the Mayor and Clerk/Deputy-Treasurer be and they are hereby authorized to sign Payment Voucher #3, amounting to $998,259.00, in settlement of General, Road and Water Accounts. (Cheques #9487 – 9696 plus General/Roads/Water Payrolls including Arena #893-918). DISPOSITION: Carried SUBJECT: BUILDING REPORT Lorne McLeod, Chief Building Official presented a verbal report and advised council that he would be attending the Building Officials Association Meeting in Thorndale this coming 3 March 8,2001…Page 4 of 10 week, as well as one in Ingersoll next week. He also advised that the changes to the Nutrient Management Bylaw will be advertised in the paper this week. It would be beneficial to have the bylaw photo-copied for handing out, as the public comes in with questions. Lorne advised that the Order to Remedy at 175 Main Street has not been complied with. Further to that, a fire at that location had caused some further damage to the building. Since the clean-up and boarding up of the openings was not completed by the owner, before the th stated date of February 28, it is up to the municipality to make the building secure from vandals, and for safety and liability reasons. The CBO is to proceed immediately. RES.NO. 8 Moved by Mooser Seconded by Warwick RESOLVED that Council hereby directs the Chief Building Official to proceed st with the Order to Remedy and Unsafe Building, dated January 21, 2001. DISPOSITION: Carried SUBJECT: CLOSED SESSION RES. NO. 9 Moved by Warwick Seconded by Bandeen RESOLVED that the Council of the Municipality of West Elgin adjourn to a closed session regarding a legal matter. DISPOSITION: Carried RES. NO.10 Moved by Balint Seconded by Bandeen RESOLVED that the Council of the Municipality of West Elgin do now rise and report. DISPOSITION: Carried SUBJECT: STOP WORK ORDER RES. NO. 11 Moved by Mooser Seconded by Warwick RESOLVED that Council hereby directs the Chief Building Official to th proceed with the Stop Work Order dated, Oct. 17, 2000 and the Order to rd Comply dated Oct. 3, 2000 as per the suggested process outlined in the letter from the solicitors of Hennessey, Bowsher, Gibson & Currie. DISPOSITION: Carried SUBJECT: LIQUOR LICENCE APPLICATION The Administrator reported a request from the LCBO, regarding a liquor license application for the LA Restaurant & Bar at New Glasgow. Council had no comments. SUBJECT: UTILITY REPORT Lloyd Jarvis, Waterworks Manager gave a verbal report. He advised council that his department has all the stock moved from West Lorne to the Rodney location and the only thing still outstanding from the Health & Safety Inspection was the completion of the wash room in the Water Tower Shop. He will be meeting with Hydro One to take inventory of the stock. Water sampling is done every Tuesday, and the results have been good. Some proposed projects for the coming months were discussed and he is hoping to be able to hire two summer students again this year. Rick Falkins had a meter problem, and the administration will look at the readings and make the adjustments required. One of the first priorities this spring, will be the repairs to ditches and lawns along Hwy. 3, east and west, from last year’s construction work. Other items will be the water metering in the Trailer Park. Costs will be investigated to upgrade from a 6” line to either an 8 inch line - versus a ten or twelve inch line to be installed on Pioneer Line. 4 March 8,2001…Page 5 of 10 Deputy-Mayor Warwick advised that training has to be a top priority this year, and questioned Lloyd on staff qualifications. Lloyd stated that he holds a Class 1 Operator’s Certificate, and Chad was currently working on his Class I Certificate. Lloyd is looking into training for the Class II Certification. Under the Class 1Certification they will both be required to attend a minimum of 40 hours of training each year. They are following the Health & Safety Policies as required. There was discussion on the use of a hired backhoe and the ability of the current operator to proceed with work in Lloyd’s absence. SUBJECT: DRAINAGE RES. NO. 12 Moved by Mooser Seconded by Warwick RESOLVED that the Council of the Municipality of West Elgin accepts the petition of Wire-Tie Mfg. Co., in Lot 10, Concession 9 under Section 4 of the Drainage Act. DISPOSITION: Carried. SUBJECT: TRIGGER DRAIN The Drainage Superintendent had received a verbal request for approval to proceed with the Trigger Drain. Council requested that Mr. Fischer be requested to add his signature to the letter to proceed. SUBJECT: INTERIM TAX BYLAW RES. NO. 13 Moved by Mooser Seconded BY Warwick RESOLVED that the mover be granted leave to introduce a by-law to provide for an interim tax levy on the whole of the assessment for real property according to the last revised assessment roll and on property classes within the frozen assessment listing and to provide for the payment of taxes and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried. RES. NO. 14 Moved by Balint Seconded by Mooser RESOLVED that a Bylaw to provide for an interim tax levy on the whole of the assessment for real property be now read a third time and finally passed, signed, sealed and numbered. Number 2001-08 – Interim Tax Levy By-Law. DISPOSITION: Carried. SUBJECT: ZONE BY-LAW AMENDMENT – No. 2001-09 (Lunn) RES.NO. 15 Moved by Balint Seconded by Mooser RESOLVED that the mover be granted leave to introduce a by-law to change the zoning of lands in Part of Lot Y, Concession I, Eastern Division, formerly the Township of Aldborough from Agricultural (A1) Zone to the Special Agricultural (A2) Zone and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried. RES.NO. 16 Moved by Bandeen Seconded by Warwick RESOLVED that the mover be granted leave to introduce a by-law to change the zoning of lands in Part of Lot Y, Concession1, Easterm Division, formerly the Township of Aldborough from Agricultural (A1) Zone to the Special Agricultural (A2) zone be now read a third time and finally passed, signed, sealed and numbered, By-Law No. 2001-09. DISPOSITION: Carried. 5 March 8,2001…Page 6 of 10 SUBJECT: ZONE BY-LAW AMENDMENT – NO. 2001-10 (Mezenberg ) RES. NO. 17 Moved by Bandeen Seconded by Mooser RESOLVED that the mover be granted leave to introduce a by-law to change the zoning of lands being Part of Lot 7, Gore Concession, from Highway Commercial (C2) Zone to the Rural Residential Three (RR3) Zone and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried. RES. No. 18 Moved by Balint Seconded by Warwick RESOLVED that the mover be granted leave to introduce a by-law to amend the By-law to change the zoning of lands being Part of Lot 7, Gore Concession, from Highway Commercial (C2) Zone to the Rural Residential Three (RR3) Zone and be now read a third time and finally passed, signed, sealed and numbered, By-Law No. 2001-10. DISPOSITION: Carried. SUBJECT: CORRESPONDENCE 1. MACCK - Asbestos Survey Report Instruction: Further investigation & quotes to be gathered. RES. NO. 19 Moved by Warwick Seconded by Mooser RESOLVED that Council accept the Asbestos Report prepared by MACCK, and Council proceed with the necessary work, as outlined in the report. DISPOSITION: Carried 2. OPSEU – Privatization of Ontario’s Correctional Services Instruction: File 3. West Elgin Downhill Derby Committee Instruction: RES.NO. 20 Moved by Mooser Seconded by Warwick RESOLVED that the Council of the Municipality of West Elgin supports the request from the West Lorne Downhill Derby Committee to close Main st Street between Ridge Street and Graham Road on Friday, August 31, st 2001 at 6:00 p.m. through to Saturday, September 1 , 2001 at 6:00 p.m. th Rain date is Friday, September 7, 2001 at 6:00 p.m. through to Saturday, th September 8, 2001 at 6:00 p.m. and also to close Furnival Road between th Harper Street and Victoria Street on Sunday, May 27. Rain date is rd Sunday, June 3, 2001 at 6:00 a.m. through to 6:00 p.m., and that the County Roads Manager be notified. DISPOSITION: Carried 4. City of Windsor – Building safer Communities Instruction: File 5. Thames River Designation Project – symposium Instruction: Reeve McPhail & Councillor Warwick will attend. 6. Elgin Municipal Association – Annual Dinner Meeting – April 4th Instruction: Five delegates from Council have indicated that they wish to attend. 7. AMO 2001 Conference-August 19-22, Royal York, Toronto Instruction: Three from Council have indicated they will attend. 6 March 8,2001…Page 7 of 10 8. TWR Insurance Adjusters – letter of reply Instruction: File 9. Firearms Safety Course Instruction: RES. NO. 21 Moved by Bandeen Seconded by Balint RESOLVED that the request from George Santos, to waive the West th Lorne Town Hall rental fee to host a Firearms Safety Course on March 24 th and March 25, 2001. DISPOSITION: Carried 10. County of Elgin – Severances. Instruction: RES. NO. 22 Moved by Bandeen Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin have the following comments regarding Severance Application E 18/01 as applied for by Isobel & William Goligher: 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 Subject to requirements of the Municipal Road Department regarding access and/or drainage Subject to there being no further residential development on the agricultural parcel. (retained parcel). DISPOSITION: Carried. RES. NO. 23 Moved by Mooser Seconded by Warwick RESOLVED that the Council of the Municipality of West Elgin have the following comments regarding Severance Application E 21/01 as applied for by Roy & Linda Wood: 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 Subject to requirements of the Municipal Road Department regarding access and/or drainage. DISPOSITION: Carried. 11. Township of Armour – changes to voting proxy procedures. Instruction: File 12. Elgin-St. Thomas Health Unit – West Nile Virus Meeting, March 28. Instruction: Mayor McPhail & Councillor Warwick will attend. 13. Canadian Red Cross – County Raffle Draw. Instruction: Clerk directed to sign and return the documents. 7 March 8,2001…Page 8 of 10 County of Elgin – Road Maintenance Agreement 14. Instruction: Clerk to prepare a By-Law. 15. CRTC – introduction of the 10 digit dialing. Instruction: File 16. Prime Minister Jean Chretien’s office – Speech from the Throne. Instruction: File 17. Ministry of Municipal Affairs – Improved Building Regulatory System – Legislation to promote healthier communities Instruction: File 18. Federation of Canadian Municipalities – News Release on Throne Speech - CRTC Decision on Right-of-Ways Instruction: File 19. Elgin County Economic Development Corp. – Thank you for brochures. Instruction: File 20. Ministry of Citizenship, Culture & Recreation – Order of Ontario Awards Instruction: File 21. Main Street Improvement Conference – March 25-27, 2001 Instruction: File th 22. National Kids Day – Help Phone, June 9, 2001. Instruction: File 23. AMO – Ontario Pre-Budget Consultations -Uploading -Gas Franchise Agreement -Lawsuit on late payment charges -Petition for Transportation Funding -Increased Costs for the Installation of Water Meters’ Instruction: File 24. Pitch-In Ontario Campaign, May 7 - 13 Instruction: Information to be passed on to Hilda Morden. 25. County of Elgin –Land Division Committee-Notices of Decisions- Severances Granted - J. Ossel, F & T Kovacs, J & R Thomson. Instruction: File * Information enclosed RES. NO. 24 Moved by Balint Seconded by Bandeen RESOLVED that the correspondence be dealt with as per the instructions of Council noted. DISPOSITION: Carried DELEGATION: GORDON McFADDEN & LLOYD JARVIS Gordon McFadden appeared before council to bring his trailer park report and to advise council on some of the activities planned for the coming season. He reported that the th trailer park is running at full capacity, and it is slated to open on April 27. The trailer park municipal water connections are now complete. Mr. McFadden also reported to council what an invaluable help, Lloyd Jarvis was last year, coming out to help with the wells and pumps whenever needed, at nights and on weekends. He suggested that council compensate Mr. Jarvis in some way to thank him for all his extra work. 8 March 8,2001…Page 9 of 10 Administrator Groch presented the year end financial draft report for the trailer park. Mr. McFadden requested council consider allowing him to have additional asphalt work done to pave past the coin laundry and booth area. He estimated that it may cost up to $15,000.00. He also plans to have Bill Smith build a wheel chair ramp leading to the dance hall, and he would like to have a couple of directional signs leading from the 401 Highway. Council thought this was a good ideal. Mr. McFadden recommended an increase of $50.00 per year for the seasonal lots, to help off-set the cost of the new water lines. RES.NO. 25 Moved by Warwick Seconded by Mooser RRESOLVED that the annual rates for seasonal lots be increased by $50.00, and the overnight rates remain the same. DISPOSITION: Carried RES. NO.26 Moved by Warwick Seconded by Mooser RESOLVED that Lloyd Jarvis be paid an additional $2000.00 for work at the Port Glasgow Park. DISPOSITION: Carried DELEGATION: COMMUNITY HEALTH CENTRE Doug Graham and Harry Mezenberg appeared before Council, to give a status report on their proposal for a new Health Centre. The Committee is moving ahead and the project is looking very positive. Their functional study was submitted to the Ministry, and given a verbal approval. It is now on the Minister’s desk awaiting his signature, for final approval, which is to be forthcoming by month-end. In the interim, the committee must have certain things in place, one being the required property acquisitions to facilitate the Centre, as well as financial certainties in place. They have made a request to the County of Elgin for funding. After the delegation’s presentation, discussions took place, and as a result the following resolution was passed: SUBJECT: SURPLUS PROPERTY RES. NO. 27 Moved by Bandeen Seconded by Warwick RESOLVED that Council of the Municipality of West Elgin hereby Declare as Surplus Property, regarding the subject property herein describes as part Lot 98, Registered Plan 199, more particularly described as Part 1 of Plan 11R-3574 save and except Part 1 of Plan 11R-7361. DISPOSITION: Carried. SUBJECT: TAX SALES RES. NO. 28 Moved by Balint Seconded by Bandeen RESOLVED that properties for sale under the Municipal Tax Sales Act be auctioned for sale rather than by public tender. DISPOSITION: Carried. SUBJECT: FIRE DEPARTMENT Discussions took place, regarding the Firemen’s wages, employees getting paid while working at a fire. The policy will remain the same as it has been. It was decided that the training sessions should be changed from $25.00 per training session to $50.00 each. 9 March 8,2001…Page 10 of 10 SUBJECT: CANADA POST SERVICES The mayor has requested that Canada Post be contacted and invited to attend a future meeting of Council, along with some representatives to request that the Canada Post building be relocated to the downtown area. SUBJECT: HYDRO-ELECTRIC COMMISSION Council adjourned to the West Elgin Hydro Electrical Commission meeting and resumed their regular session thereafter. The Administrator noted that the sale of the Hydro- Electric Commission would be final next month. SUBJECT: MINUTES th ? West Elgin Community Centre – Board of Management – February 19, 2001 SUBJECT: CANADA DAY GRANT Res. No. 29 Moved by Mooser Seconded by Warwick RESOLVED that Council of the Municipality of West Elgin grants permission to the Canada Day Committee for a fireworks display on July st 1, 2001 in West Lorne. DISPOSITION: Carried SUBJECT: TRUCK TRANSFER Res. No. 30 Moved by Bandeen Seconded by Mooser RESOLVED that the 1980 GMC Ford truck be transferred from the Water Dept. to the Rodney Firemen’s Association at no cost. DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 31 Moved by Warwick Seconded by Balint RESOLVED that this Regular Session of Council adjourn at 5:00 p.m. to th meet again on April 12, 2001. DISPOSITION: Carried th These minutes were adopted on the 12 day of April 2001. ____________________________ ____________________________ Mayor Clerk 10