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November 08, 2001 Regular Meeting M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS th NOVEMBER 8, 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 Jeff Slater Parks & Arena Superintendent Rick Jackson Roads Department Lorne McLeod Chief Building Official Mayor McPhail welcomed everyone to the meeting. SUBJECT: MINUTES RES. NO. 1 Moved by Mooser Seconded by Balint RESOLVED that the minutes of the meetings of Council held on the following dates be adopted as printed and circulated. th October 11, 2001 Regular Meeting th October 18, 2001 Special Meeting th October 18, 2001 Public Meeting DISPOSITION : Carried SUBJECT: RODNEY & WEST LORNE STREETLIGHTS RES. NO. 2 Moved by Warwick Seconded by Mooser RESOLVED that Council of the Municipality of West Elgin will hear the delegation on behalf of the street light situation. DISPOSITION: Carried Bob Coles was in attendance at council to discuss the streetlights in Rodney. The lights on Third and Fourth Streets have been out now for 15 days straight and he was requesting that something be done about the situation as soon as possible. Mr. Coles was informed that the Dutton/Dunwich Hydro crew had attended at Rodney, and thought they had fixed the problem, however a relay switch went out after they left town, and it made the lights go out again. When contacted a second time, they were short handed and unable to attend again for the next week. Council agreed that it was not a good situation, and they would have the matter taken care of as soon as possible. Liz Clark, representing the West Lorne Horticulture Society was in attendance to discuss with council the problems concerning the installation of the new street lights. Also in attendance was Steve Dowell, sales representative from the street light pole company. After waiting over two months, for the electrical installer to finally start the work on the streetlights it was determined, that the holes to house the banner arm, had been drilled at the wrong height level. 2 th November 8, 2001 – Council Mtg. The sales rep presented a sample of the plug that could be installed immediately and new holes would be drilled at the proper height. However, if council decides not to accept the poles as they are, and put in a new order, they will have to wait until spring for installation. After discussions on the topic, it was decided that unless the company offers them a very good deal on the plugged poles, that it would be better to get completely new poles drilled in the proper position. Steve was requested to get back to Council with an offer from the company, before they make a final decision on the matter. Liz brought up the fact that the installer had found that the proper underground wiring had never been completed for the new light standards, and they had come up with an additional amount of $8500.00. Council was not in agreement with this amount. The wiring will be done “in-house” before the installation is done in the spring. Liz agreed to contact the installer and explain the situation, and ask if they intend to honour their contract price in the spring. Liz also spoke with council concerning the proposed banners to be ordered and explained how they would be attached to the poles by a bracket arm. The delegation thanked council and left at this time. SUBJECT: CLOSED SESSION RES. NO. 3 Moved by Warwick Seconded by Mooser 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. 4 Moved by Mooser Seconded by Warwick RESOLVED that Council of the Municipality of West Elgin do now rise and report. DISPOSITION: Carried RES. NO. 5 Moved by Bandeen Seconded by Balint RESOLVED that Council of the Municipality of West Elgin approves a night shift premium increase from .50 cents to $1.00 per hour, as per st December 1, 2001, for designated full-time staff of the road department. DISPOSITION: Carried SUBJECT: ROAD REPORT Rick reported to council on the activities over the past month. They completed the fence constructed at the north end of the Old Boys Park, salt and sand has been stock-piled for the winter, cold mix in villages and rural areas, the county intersections have been swept, the road employees have signed a letter that they agree to not smoke while working with municipal equipment. Drain repairs are on-going, Rick participated in conducting a course on Winter Maintenance, and Rick and Bruce attended a plant tour of Ideal Drainage along with Elgin County Road Superintendents. Rick reported that there were 10 applications for the part time winter help position, and he has hired Neil McColl to begin after the new year. Council directed him to proceed with the installation of the crosswalk at the school, and also with his plans for the pump style oil dispenser rental. Rick then had discussions regarding the Ron Wilkins bus stop issue. Mr. Wilkins has requested that we endorse a letter he has prepared to be sent to the Board of Education, to try to persuade them to locate the bus stop in a safer location. After discussions, it was decided that the Mayor would contact the bus barn manager to discuss the issue and if that is not successful the Clerk will prepare a letter to Mr. Wilkins. Rick then asked council if he should get the 1998 truck rust proofed and the reply was, that these type of things are for him to make decisions on, and he doesn’t need to come to council with things that are fairly regular items, within his budget. 3 th November 8, 2001 – Council Mtg. SUBJECT: RECREATION REPORT Jeff reported to council, that the Arena is busy and they were able to get the compressor and brine pump working properly. He reported from the Recreation Committee meeting also. Councillor Bandeen reported that he had been unsuccessful in arranging a rental building for the recreation storage. Council Mooser agreed to contact Mr. Oakes regarding some storage space. SUBJECT: BUILDING REPORT Lorne McLeod submitted his report to council, for the month of October indicating that five permits have been issued during the month of October totalling $44,500.00 worth of construction. Total permits to date is 82 equalling $3,061,100.00 worth of construction. The issue of the extra Bree residence, not being removed will have to wait until after Christmas, because Mrs. Bree was called out of the country on an emergency. SUBJECT: CLOSED SESSION RES. NO. 6 Moved by Mooser Seconded by Warwick RESOLVED that the Council of the Municipality of West Elgin adjourn to a closed session for the receiving of information and advice that is subject to a solicitor-client privilege. DISPOSITION: Carried RES. NO. 7 Moved by Warwick Seconded by Mooser RESOLVED that the Council of the Municipality of west Elgin do now rise and report. DISPOSITION: Carried RES. NO. 8 Moved by Bandeen Seconded by Balint RESOLVED that Council of the Municipality of West Elgin direct the Building Inspector to proceed, under Section 15 of the Building Code act. DISPOSITION: Carried SUBJECT: GRAVEL PIT OWNERS RES. NO.9 Moved by Bandeen Seconded by Warwick RESOLVED that the Council of the Municipality of West Elgin will hear the delegation on behalf of gravel pit owners. DISPOSITION: Carried The Mayor welcomed a delegation of gravel pit owners consisting of the following people: Donna Roelofs, John Loeters, Jim Gardner- on behalf of Johnston Bros., Alma Johnston and her daughter Mary Ann Johnston. Due to the county wide re-assessment done by the assessment office this year, it has caused severe increases to the properties assessed as gravel pits. Most of these owners filled out the appeal forms and sent them back to have their assessments lowered, however some property owners neglected to fill out the forms before the deadline, and did not seem to realize how it would affect their tax bills, until they actually got them in the mail. Council feel that the assessment office should be looking at each property on an individual basis, instead of assessing them on a broad areas, all the same. 4 th November 8, 2001 – Council Mtg. Council stated that they would invite a representative from the assessment office to attend at the next council meeting to address these issues and answer some questions. The delegation thanked council and left the meeting. SUBJECT: EARLY YEARS PROGRAM Janet Pinder attended at council to bring an update report on the early years program in place and the proposed enhanced satellite component to the present program. This program provides for children’s activities from 0 – 6 years of age. In order to gain further funding from the Government for this initiative the co-ordinator has to have commitments of donations in kind, to match. With this in mind, she was requesting that council provide a donation to the program of $5,000.00. RES. NO.10 Moved by Balint Seconded by Mooser RESOLVED that Council of the Municipality of West Elgin agrees to approve the proposal, as presented by Janet Pinder for the 3 year commitment to the Early Years Program, in the amount of $5,000.00 for each of those years. (2002- 2004) DISPOSITION: Carried SUBJECT: WATER UTILITY REPORT Lloyd Jarvis was in attendance to bring his report to council. The Pioneer Line water line work is completed, they looked after water line breaks, general meter repairs, the McKillop-Warwick water line work is complete, and the capital costs for the water line customers is being gathered and the invoicing will be sent out as soon as possible. Lloyd also reported that he is requesting quotes for the electrical upgrade work needed at the Old Boys Park. COUNCIL REPORTS Councillor Mooser reported on his attendance at the recent West Lorne Fire Committee meeting. He stated that the department would be making house calls, to inspect fire detectors, etc. in the municipality in the near future, and they have requested that an information flyer be prepared, to give out to households when they appear at residential homes. The Clerk will arrange to have these printed up, in a general appearance so they may be used by both departments to save on the costs. Councillor Mooser also reported that he had visited a skate board park at Port Stanley, and he thought it would be beneficial to contact them to gather information on the construction at that location. It looked like an excellent set-up design. Finally he reported that there have been some truckers that are disregarding the rules for parking again. The OPP were requested to deal with a truck parked near the Catholic Church area. Councillor Bandeen and Deputy-Mayor Warwick reported from the Business Chamber of Commerce meeting that they had chosen a new slogan for the municipality, “CENTRAL TO EVERYTHING, SECOND TO NONE”. The Committee will see how the public responds to this slogan, and if there is a good reaction, they will begin to market it and make use of it. The Committee is hoping to gather some Economic Development information. The Clerk reported that the Planner has prepared this information and will present it at the next meeting of council. Mayor McPhail reported that council will be participating in the local Remembrance Day Services throughout the municipality, and there is a sod turning event planned for the new Elgin Manor Nursing Home that they will be taking part in. Councillor Bandeen reported briefly on the Fire Committee issue of having to deal with the new legislation regarding the 10/10 issue, which is 10 men out to roll, within 10 minutes. This of course, is causing a great deal of hardship, and extra costs for the departments and they will be reviewing it again at a later date. Councillor Bandeen reported from the Four Counties Hospital Board Meeting. He has been appointed as a member to the board, so therefore he can no longer act as the municipal representative. Discussions took place regarding the staff cuts and other matters taking place at the board level. The Mayor expressed an interest in attending those meetings, and he will check his schedule to see if the meeting dates conflict. 5 th November 8, 2001 – Council Mtg. SUBJECT: BYLAW ENFORCEMENT REPORT The Bylaw Enforcement Officer was not in attendance to report to council, and the report submitted, did not explain any of his activities to council. Councillor Bandeen left the meeting at 3:50 p.m. SUBJECT: ACCOUNTS RES.NO. 11 Moved by Balint Seconded by Mooser RESOLVED that the Mayor and Administrator/Treasurer be and they are hereby authorized to sign Payment Voucher #11, amounting to $622748.15 in settlement of General, Road and Water Accounts. (Cheques #1446 – 1759, plus General/Roads and Water Payroll including Arena Voucher of $33,563.17 Chq. #1046 – 1089) DISPOSITION: Carried SUBJECT: CLOSED SESSION RES. NO. 12 Moved by Balint Seconded by Mooser 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. 13 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. 14 Moved by Balint Seconded by Mooser RESOLVED that the Administrator is instructed to investigate a retirement package for an employee. DISPOSITION: Carried SUBJECT: BY-LAW NO. 39 – TILE DRAIN RATING BYLAW RES. NO. 15 Moved by Mooser Seconded by Warwick RESOLVED that the mover be granted leave to introduce a By-Law, to impose a special annual drainage rate upon land in respect of which money is borrowed under the Tile Drainage Act and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO.16 Moved by Warwick Seconded by Mooser RESOLVED that a By-law to impose a special annual drainage rate upon land in respect of which money is borrowed under the Tile Drainage Act be now read a third time and finally passed, signed, sealed and numbered – By-Law Number 2001-39 – Tile Rating By-Law - Schneider. DISPOSITION: Carried 6 th November 8, 2001 – Council Mtg. SUBJECT: BY-LAW NO. 2001-48 – ZONE AMENDMENT – Z & R SABO RES. NO. 17 Moved by Warwick Seconded by Mooser RESOLVED that the mover be granted leave to introduce a By-Law to amend Aldborough Township Zoning By-Law No. 90-50 to change the zoning of lands in Part of Lot 3, Concession VII from Agricultural (A1) Zone to Special Agriculture (A2) Zone and that this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 18 Moved by Mooser Seconded by Warwick RESOLVED that a bylaw to amend By-Law No. 90-50 to change the zoning of lands in Part of Lot 3, Concession VII, from Agriculture (A1) Zone to the Special Agricultural (A2) Zone, be now read a third time and finally passed, signed, sealed and numbered By-Law No. 2001-48 – Zone Amendment – Z & R Sabo. DISPOSITION: Carried SUBJECT: BY-LAW NO. 2001-41 – ALDRED-PODEBRY DRAIN RES. NO. 19 Moved by Balint Seconded by Warwick RESOLVED that a by-law to provide for drainage works in the Municipality of West Elgin in the County of Elgin to be called and known as the Aldred- Podebry Drain be now read a third time and finally passed, signed, sealed and numbered By-Law No. 2001-41 – Aldred-Podebry Drain. DISPOSITION: Carried SUBJECT: BY-LAW NO. 2001-42 – BETHAL PARK DRAIN RES. NO.20 Moved by Mooser Seconded by Balint RESOLVED that a by-law to provide for drainage works in the Municipality of West Elgin in the County of Elgin to be called and known as the Bethal Park Drain be now read a third time and finally passed, signed, sealed and numbered – By-Law No. 2001-42 – Bethal Park Drain. DISPOSITION: Carried SUBJECT: BY-LAW NO. 2001-43 – FODOR DRAIN RES. NO. 21 Moved by Warwick Seconded by Mooser RESOLVED that a by-law to provide for drainage works in the Municipality of West Elgin in the County of Elgin to be called and known as the Fodor Drain be now read a third time and finally passed, signed, sealed and numbered – By-Law N. 2001-43 – Fodor Drain. DISPOSITION: Carried SUBJECT: BY-LAW NO. 2001-44 – ROACH DRAIN RES. NO. 22 Moved by Warwick Seconded by Balint RESOLVED that a by-law to provide for drainage works in the Municipality of West Elgin in the County of Elgin to be called and known as the Roach Drain be now read a third time and finally passed, signed, sealed and numbered – By-Law No. 2001-44 – Roach Drain. DISPOSITION: Carried 7 th November 8, 2001 – Council Mtg. SUBJECT: BY-LAW NO. 2001-45 – PAGE DRAIN RES. NO. 23 Moved by Warwick Seconded by Mooser RESOLVED that a by-law to provide for drainage works in the Municipality of West Elgin in the County of Elgin to be called and known as the Page Drain be now read a third time and finally passed, signed, sealed and numbered – By-law No. 2001-45 – Page Drain. DISPOSITION: Carried SUBJECT: CORRESPONDENCE 1. Request from the West Lorne Community Horticulture Society for a donation of $500.00, to help towards the cost of hanging flower baskets, next spring. Instruction: RES. NO. 24 Moved by Balint Seconded by Mooser RESOLVED that the Municipality of West Elgin agrees to give a donation to the West Lorne Community Horticulture Society in the amount of $500.00. DISPOSITION: Carried 2.* Santa Claus Parade Committee 2001 – Optimist Club of West Lorne is requesting a donation of $1,000.00 to off-set some of their costs. Instruction: RES. NO.25 Moved by Mooser Seconded by Balint RESOLVED that the Municipality of West Elgin agrees to give a donation to the West Lorne Optimist Club to be used for the Santa Claus Parade 2001 in the amount of $1000.00. DISPOSITION: Carried 3. TORC Membership for the year 2001. Instruction: RES. NO. 26 Moved by Warwick Seconded by Mooser RESOLVED that the Municipality of West Elgin agrees to pay the membership for 2002, to The Ontario Rural Council in the amount of $100.00. DISPOSITION: Carried 4. Corporation of the Township of North Huron is requesting support of a resolution regarding legislation to prohibit certain breeds of dogs from within its Municipal boundaries. Instruction: File 5. City of Toronto requesting support of a resolution regarding Sales Tax And GST reductions. Instruction: File 6. AMO is requesting support of a draft resolution regarding the strategy of going back to the 1/3, 1/3, 1/3 formulae for all infrastructure projects. Instruction: File st 7. Regarding the GIS presentation on November 1 to council, requesting participation in a pilot project for detecting abandoned wells within a square mile radius, in the amount of $5000.00. This would include a basic GIS bystem installed on the municipal computer system. Instruction: Council have requested the proposal in writing. 8 th November 8, 2001 – Council Mtg. 8. County of Elgin – requesting comments on the No Parking Zones. The Road Superintendent has reviewed the list, and found one area missing from the list. He will contact the county to request they add the area on the south-west side of the main street just to the west of the light in the down town core. Instruction: Rick to respond. 9. County of Elgin – Parking Ticket Bylaw – Council directed the administration to review the document again to make sure the high school area is addressed. Instruction: To be tabled for final review at the next meeting. 10. Municipality of Bayham – amendment to the County Parking Bylaw, regarding the distance change for parking near a fire-hall. Instruction: RES. NO. 27 Moved by Balint Seconded by Mooser RESOLVED that Council approves the amendment to the County Parking Bylaw put forth by the Municipality of Bayham regarding the parking distance from a fire hall. DISPOSITION: Carried 11. Letter from Mike and Mary Ingratta, regarding the Flora Street East catch basin problem. Council had spoken verbally regarding this matter at a prior meeting and the Road Department was to take care of the surface water. Instruction: The Road Department is to confer with Lloyd Jarvis/and or Bruce Paine to review the best solution and get the problem repaired, as far as the municipal responsibility. They should discuss the matter with the property owner, to let them know what is the property owner’s responsibility also. (back-flow shut- off valve installation, etc.) 12. Recommendation from Stephen Gibson, Solicitor regarding the By-Law Implementation of the Provincial Offences Act enforcement. He has sent a set of suggested short forms for the Property Standards portion and also the parking portion of the By-Law. Instruction: Administration is to review it, and bring the document back to council at a future meeting. 13. Petition to council requesting that McMurchy Line be treated with tar and chip on the road surface. Instruction: Clerk is directed to correspond with them to let them know that council is currently working on a three-year road construction program, however McMurchy Line is not on the priority short list. 14. Letter from Paul Gangle with questions regarding the sewage charges calculations. Instruction: The Administrator will sent him an information response. 15. Ministry of Citizenship requesting that councils of Ontario review and address the needs of persons with disabilities by making their municipalities more accessible. Instruction: File 16. Elgin-St. Thomas Health Unit is requesting that councils review their policy on Smoking Control Bylaws. Instruction: File 17. OCWA is requesting that municipalities review their Security Contingency Plan and Suspected Unauthorized Entry Contingency Plan with all staff. Instruction: This will be referred to the Tri-County Committee. 9 th November 8, 2001 – Council Mtg. 18. LTVCA has been undergoing an organizational alternative review for a few years now, and have decided that the best approach is the process of renewal revitalization. They would like the opportunity to come to council in the near future to discuss Phase 1 of the process. Instruction: File st 19. MPAC – as of August 1, 2001 the Municipal Property Assessment Corporation is now responsible for providing accountable, quality assessment services to meet the needs of municipalities and taxpayers. Instruction: File 20. Ontario Hydro – in receipt of cheques amounting $8,786.83 as our portion of the share in the class action settlement suit. Instruction: File 21. Letter from Honourable Brian Tobin stating that the Federal Government is prepared to provide their share of the proposed 1/3 infrastructure funding policy. Instruction: File 22. Elgin Group Police Services Board report for September and October. Instruction: File 23. Municipal Groundwater Studies – information on the 2001 Funding program. Instruction: File 24. Notice from the Alcohol and Gaming Commission regarding the liquor license for the L.A. Restaurant requirements for their liquor license application. Instruction: File 25. Elgin County History Through a Photographer’s Lens – brochure. Instruction: File 26. Invitation to attend the sod turning event for the new Elgin Manor, on Thursday, th November 15, 2001 at 2:00 p.m. Instruction: Reeve will be in attendance 27. Municipal Recycling Fact Sheet from Ontario stats report for 2000. Instruction: File 28. AMCTO Express Fax – information on the New Municipal Act. Instruction: File th 29. Land Division – notice received that as of October 29, 2001 the price for application for consent have increased to $500.00 up front and an additional $200.00 to have the deed stamped and registered. Instruction: Clerk will make sure the information sheets for the public are changed to this effect. 30. AMO fact sheet on the Walkerton Inquiry Wrap Up. Final Court Decisions from the case will be brought forward in January. Instruction: File RES. NO. 28 Moved by Balint Seconded by Warwick RESOLVED that the correspondence be dealt with as per the instructions of Council as noted. DISPOSITION: Carried 10 th November 8, 2001 – Council Mtg. SUBJECT: D. WATERWORTH – SEVERANCE The application by Don Waterworth for a severance on the property at Con. 12, Pt. Lot 13, is his second application, due to the fact that he neglected to meet the requirements for registering the deed by the deadline date. A neighbouring property has a private airstrip, and they had a concern that someone who purchases the property may build something at the end of his runway. Council stated that the severance conditions will include the “no building” clause on his new application. SUBJECT: ROSE OLIVEIRA TAX ISSUE RES. NO. 29 Moved by Balint Seconded by Mooser RESOLVED that Council, upon review of the information available regarding the Rose Oliveira request for a reduction in taxes, are unable to provide the reduction, however they would provide a schedule of payment that is agreeable. DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 30 Moved by Balint Seconded by Warwick RESOLVED that this Regular Session of Council adjourn at 5:15 p.m. to th meet again on November 13, 2001. DISPOSITION: Carried th These minutes were adopted on the 13, day of December 2001. ___________________________ ____________________________ Mayor Clerk