August 08, 2002 Regular Meeting
M I N U T E S
OF THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGIN
WEST ELGIN COUNCIL CHAMBERS
th
AUGUST 8, 2002
MEMBERS PRESENT: Deputy Mayor Graham Warwick
Councillors: Trudy Balint, Brad Bandeen. Mike Mooser
STAFF PRESENT: Joanne Groch Administrator/Treasurer
Norma Bryant Clerk
Rick Jackson Roads Superintendent
SUBJECT: CHAIR
RES. NO. 1 Moved by Bandeen
Seconded by Balint
RESOVLED that Deputy-Mayor Graham Warwick is hereby appointed to act
as Chair for this regular meeting of Council in the absence of Mayor McPhail.
DISPOSITION: Carried
SUBJET: DECLARATION OF APPOINTED OFFICE
Norma Bryant read the declaration of appointed office for the position of Clerk with the
municipality.
SUBJECT: MINUTES
RES. NO. 2 Moved by Mooser
Seconded by Balint
RESOLVED that the minutes of the meetings held on the following dates
be adopted as printed and circulated.
July 11th, 2002 Regular Meeting
July 25th, 2002 Special Meeting
July 25th, 2002 Public Meeting
DISPOSITION
: Carried
SUBJECT: ROAD REPORT
Rick Jackson presented the regular monthly report to Council. He advised that high float
would be completed on Queen Street next week and that the temporary road closure
would stay in effect until then. Queen Street would be watered to keep the dust down.
Councillor Mooser thanked the Road Department for their assistance in facilitating the
road closure for the Pig Roast in West Lorne, sponsored by the Town & Country
Restaurant. It was a very successful event with proceeds being donated to the Health
Centre.
August 8, 2002…Pg 2 of 8
SUBJECT: CLOSED SESSION
RES. NO. 3 Moved by Bandeen
Seconded by Balint
RESOLVED that the Council of the Municipality of West Elgin adjourn to a
closed session
a) to receive advice that is subject to solicitor-client privilege, and
b) to discuss a matter in respect of personal matters about an identifiable
individual.
DISPOSITION: Carried
RES. NO. 4 Moved by Balint
Seconded by Mooser
RESOLVED that the Council of the Municipality of West Elgin do now rise
and report.
DISPOSITION: Carried
RES. NO. 5 Moved by Bandeen
Seconded by Mooser
RESOLVED that Paul VanVaerenbergh be appointed as Roads Foreman
to be effective as of August 12, 2002 and subject to a six month probation
period.
DISPOSITION: Carried
It was reported that the court had upheld charges laid under the Building Code Act by
the municipality and fines have been levied.
SUBJECT: SIDEWALK QUOTES
The following quotes were received by the West Elgin Council for the 2002 sidewalk
project in Rodney and West Lorne.
Rodney West Lorne Total
Dave Lilley & Son Excavating $15,697.44 $19,060.80 $34,758.24
William A. Smith $16,729.89 $16,729.89
Rick Falkins $15,341.00 $19,494.00 $34,835.00
RES. NO. 6 Moved by Mooser
Seconded by Bandeen
RESOLVED that the Council of the Municipality of West Elgin accept the
quote from Dave Lilley & Son Excavating in the amount of $34,758.24 plus
GST for sidewalks in Rodney and West Lorne.
DISPOSITION: Carried
SUBJECT: RECREATION REPORT
Jeff Slater, Recreation Superintendent was not in attendance. Council reviewed the
monthly report.
SUBJECT: BUILDING REPORT
Chief Building Official, Lorne McLeod was not in attendance. Council reviewed his report
for the month of July, which indicated that eleven permits had been issued totalling
$133,646.00 worth of construction. Total permits issued this year to date is 66 totalling
$3,964,446 worth of construction.
August 8, 2002…Pg 3 of 8
SUBJECT: WATER REPORT
Lloyd Jarvis was not in attendance. Council reviewed the Water Works Report for the
past month.
SUBJECT: BYLAW ENFORCEMENT
Council reviewed the report dated August 02 of the Bylaw Officer.
SUBJECT: MILLER DRAIN
RES. NO. 7 Moved by Mooser
Seconded by Balint
RESOLVED that Todgham & Case Associates be appointed to prepare a
report under Section 78 of the Drainage Act for the Miller Drain, at the
request of the owners for work on Concession 9, Pt. Lot 17 and that the
report be submitted within six months.
DISPOSITION: Carried
DELEGATION: PRESENTATION TO BILL KEUTCH
Deputy Mayor Warwick presented Bill with gifts from the municipality on the occasion of
his retirement. The Deputy Mayor thanked Bill for the all the work he had done for the
municipality over the years. Bill thanked Council and staff for their support during his
time with the municipality and encouraged them to continue with the programs they
have established.
SUBJECT: CORRESPONDENCE
1. * Ontario Flue-Cured Tobacco Growers’ Marketing Board – invitation to Information
Evening and Barbeque, Thursday August 29
Instructions: Councillor Balint will attend on behalf of Council.
2. * County of Bruce – request to support resolution regarding disposal of septic tank
and other liquid wastes at municipal sewage treatment plants.
Instructions:
RES. NO. 8 Moved by Bandeen
Seconded by Balint
WHEREAS Bill 81, the proposed Nutrient Management Act, purports to
ban the land application of untreated domestic waste from private
individual septic systems;
AND WHEREAS the banning of such practices shall require the treatment
of such waste at municipally owned sewage treatment plants;
AND WHEREAS in anticipation of Bill 81, many municipalities have
already received requests from private waste haulers to treat and dispose
of domestic septage at their sewage treatment plants;
AND WHEREAS the proposed legislation shall cause new and significant
costs to be borne by homeowners and the host sewage treatment plants
accepting such waste;
NOW THEREFORE BE IT RESOLVED that the Council of the Municipality
of West Elgin requests the Government of Ontario to provide direct funding
to local municipalities to cover the cost of (1) undertaking the required
engineering studies to determine which sewage treatment plant or plants
have the capacity to handle increased volumes resulting from Bill 81; and,
(2) undertaking the required upgrades to municipal sewage treatment plant
capacity where plants are required to receive septic tank wastes.
DISPOSITION: Carried
August 8, 2002…Pg 4 of 8
3. * County of Brant – request to support resolution regarding MOEE reporting
requirement for potable water systems.
Instructions:
RES. NO. 9 Moved by Mooser
Seconded by Balint
WHEREAS the protection of the environment and of potable drinking water
is of primary importance;
AND WHEREAS to ensure the protection of the environment and of
potable drinking water, compliance with legislation and regulations are
necessary and desirable;
AND WHEREAS the results of the Walkerton inquiry confirmed that in
general the water providers in the Province of Ontario exhibit a high level
of expertise and competence;
AND WHEREAS it is necessary that the public have a high level of
confidence in the expertise and competence of the water providers to
operate and maintain a safe and reliable drinking water system;
AND WHEREAS the Ministry of the Environment and Energy evaluates the
performance of each individual water system according to specific
prescribed criteria and assigns a pass or fail grade;
AND WHEREAS in determining the pass or fail grade the Ministry does not
provide for any flexibility or procedural framework which would
acknowledge non-compliance on a short-term basis with certain
administrative or operational matters that are non-critical and pose no risk
to the health and safety of the community;
AND WHEREAS the Ministry makes available to the public the results of
the pass or fail grade for each water system with no explanation as to why
the particular grade has been assigned;
AND WHEREAS the public generally interprets a fail grade assigned to a
water system to mean that the health and safety of their water supply was
compromised;
AND WHEREAS this interpretation by the public is misleading in that,
given current practices, it is highly probable that a fail grade is the result of
non-compliance with certain administrative or operational matters that are
non-critical and pose no risk to the health and safety of the community for
which the public need to be alarmed;
BE IT HEREBY RESOLVED that the Ontario Ministry of Environment and
Energy be requested to reconsider the criteria and reporting format for the
evaluation of water systems;
AND THAT the evaluation criteria reflect and acknowledge unusual or
unexpected circumstances that on a short-term basis may prohibit that
municipality’s ability to comply with certain administrative or operational
matters that are non-critical and pose no risk to the health and safety of the
community;
AND THAT the reporting format accurately communicate to the public the
performance of the water system so as to not needlessly alarm the public
for matters that do not affect their health and safety;
AND THAT the Ministry make efforts to educate the public so they have an
understanding of the results of the Ministry evaluations of the water
systems by providing an explanation with all results published;
AND THAT a framework that promoted a partnership with municipalities in
which the Ministry and the municipality work together on a cooperative
basis for the benefit of the citizens of Ontario be developed and
implemented.
DISPOSITION: Carried
August 8, 2002…Pg 5 of 8
4. * Durham Region – request to support resolution regarding domestic violence
prevention
Instructions:
RES NO. 10 Moved by Bandeen
Seconded by Balint
RESOLVED that the Council of the Municipality of West Elgin supports the
resolution from the Durham Regional Police Services Board supporting the
Hadley Inquest recommendations as they relate to the Justice system and
urging the Ontario Government to demonstrate leadership in addressing
Domestic Violence.
DISPOSTIION: Carried
5. * City of Welland – request to support resolution regarding trained doctors.
Instructions:
RES NO. 11 Moved by Bandeen
Seconded by Balint
RESOLVED that the Council of the Municipality of West Elgin urges the
Government of Ontario to address the many and various issues restricting
Ontario trained doctors to return to Ontario to practice stemming from
limitations in: current legislation; membership in medical associations; and
the current number of doctors in the health system.
DISPOSITION: Carried
6. * Ontario Rural Council – announcement of Rural Development Conference
October 29-30, 2002
Instructions: Deputy Mayor Warwick, Councillors Balint, Bandeen and Mooser to
attend.
7. * West Elgin Beautification Committee – regarding hanging baskets in Rodney
Instructions: File
7A.* Andrea Carter – sewage hook up at 119 Queen Street, Rodney
Instructions:
RES NO. 12 Moved by Mooser
Seconded by Bandeen
RESOLVED that no refund be made to Andrea Carter at 119 Queen St.
Rodney for the sewage portion of her water bills.
DISPOSITION: Carried
8. Ministry of Agriculture and Food – 2002/2003 tile drainage program
Instructions: File
9. AMO – Fire Marshal responds to AMO regarding 10-in-10 Guideline
Instructions: Copy for Rodney and West Lorne Fire Chiefs
10. AMO – passage of Nutrient Management Act.
Instructions: File
11. Ministry of Environment and Energy – amendments to Drinking Water Protection
Regulation
Instructions: File
12. AMO – Province offers relief from waterworks requirements
Instructions: File
August 8, 2002…Pg 6 of 8
13.* County of Elgin – sign policy
Instructions: Copy to Chamber of Commerce
14. Ministry of Citizenship – Ontarians with Disabilities Act
Instructions: File
15.* Lower Thames Beacon – April June 2002
Instructions: File
16.* County of Elgin – assumption of certain lower-tier roads
Instructions: File
17. Steve Peters MPP – copy of letter to Honourable Tony Clement regarding Four
Counties Health Services
Instructions: File
18. Village of Newbury – support of Four Counties Hospital Board resolution
Instructions: File
19. Falun Gong – request for proclamation of “Falun Dafa Week”
Instructions: File
20. CUPE – 2002 Annual Report
Instructions: File
* Information enclosed
RES. NO. 13 Moved by Bandeen
Seconded by Balint
RESOLVED that the correspondence be dealt with as per the instructions
of Council as noted.
DISPOSITION: Carried
SUBJECT: MINUTES
th
?
*West Elgin Recreation Committee Pool Meeting – June 19, 2002
th
?
*West Elgin Parks and Recreation Committee – June 25, 2002
th
?
*West Elgin Recreation Committee Special Session – July 8, 2002
th
?
*West Elgin Parks and Recreation Committee – July 25, 2002
rd
?
*Elgin Police Services Board – July 23, 2002
SUBJECT: HAASZ TRUST FUND
RES NO. 14 Moved by Mooser
Seconded by Bandeen
RESOLVED that the balance of the Haasz Trust Fund be donated to the
West Elgin Daffodil Auxiliary to be used for provision of transportation for
medical purposes and for medical aids for residents of West Lorne.
DISPOSITION: Carried
August 8, 2002…Pg 7 of 8
SUBJECT: SIGNING AUTHORITY
RES NO. 15 Moved by Bandeen
Seconded by Balint
RESOLVED:
(1) That Joanne Groch Administrator/Treasurer of the Corporation of
the Municipality of West Elgin (the “Corporation” be and is hereby
authorized for and on behalf of the Corporation to negotiate with, deposit
with, or transfer to ROYAL BANK OF CANADA (the “Bank”), for credit to
the Corporation’s account only all or any cheques and other orders for the
payment of money, and for that purpose to endorse the same on behalf of
the Corporation either in writing or by rubber stamp.
(2) That all cheques of the Corporation be drawn in the name of the
Corporation and be signed on its behalf by the Mayor or the Deputy Mayor
and signed/countersigned by Administrator/Treasurer or Clerk
(3) That Joanne Groch, Janet Johnston, Norma Bryant, Carla Okolisan
or Marilyn Sanderson be and are hereby authorized for and on behalf of
the Corporation from time to time to receive from the said Bank a
statement of the account of the Corporation together with all relative
vouchers and all unpaid bills lodged for collection by the Corporation and
all items returned unpaid and charged to the account of the Corporation,
and to sign and deliver to the Bank the Bank’s form of verification,
settlement of balance and release.
(4) That Joanne Groch, Janet Johnston, Norma Bryant, Carla Okolisan
or Marilyn Sanderson be and are hereby authorized for and on behalf of
the Corporation to obtain delivery from the Bank of all or any stocks, bonds
and other securities held by the Bank in safekeeping or otherwise for the
account of the Corporation and to give valid and binding receipts therefor.
(5) That this resolution communicated to the Bank and remain in force
from August 8, 2002 until written notice to the contrary shall have been
given to the Manager for the time being of the branch of the Bank at which
the account of the corporation is kept and receipt of such notice duly
acknowledged in writing.
DISPOSITION: Carried
SUBJECT: PORT GLASGOW TRAILER PARK
RES. NO. 16 Moved by Bandeen
Seconded by Balint
RESOLVED that West Elgin requires proof of liability insurance in the
amount of $1,000,000.00 for trailers on leased seasonal lots at the Port
Glasgow Trailer Park.
DISPOSITION: Carried
SUBJECT: CONSIDERATION MEETING – GEO. JOHNSTON DRAIN
Also in attendance: Dennis McCready, Engineer from Todgham & Case Associates
Rick Jackson, Road Superintendent
RES. NO. 17 Moved by Bandeen
Seconded by Balint
RESOLVED that Council consider the Engineer’s Report on the Geo.
Johnston Drain (H. Vergeer)
DISPOSITION: Carried
The Clerk stated that correspondence was received from Lower Thames Conservation
Authority with no objections.
August 8, 2002…Pg 8 of 8
The Drainage Engineer gave a brief presentation of his report. It was noted that
Highway 401 had been built since the last report and MTO has agreed to pay for a new
schedule of assessments.
RES. NO. 18 Moved by Balint
Seconded by Mooser
RESOLVED that the Engineer’s Report for the Geo. Johnston Drain, be
accepted and the Clerk is instructed to draw up the necessary by-law.
DISPOSITION: Carried
SUBJECT: CONSIDERATION MEETING – MAIN STREET DRAIN
Also in attendance: John Spriet, Engineer from Spriet Associates
Rick Jackson, Road Superintendent
Mr. Paul Mistele, West Elgin Health Centre
Mr. Harry Mezenberg, West Elgin Health Centre
Mr. Peter Dutchak, County of Elgin
RES. NO. 19 Moved by Bandeen
Seconded by Balint
RESOLVED that Council consider the Engineer’s Report on the Main
Street Drain.
DISPOSITION: Carried
The Clerk stated that correspondence was received from Lower Thames Conservation
Authority with no objections.
The Drainage Engineer gave a brief presentation of his report, and the floor was opened
for questions.
Mr. Mezenberg inquired as to what costs the municipality would be responsible for, but
noted that the drain needs to be done. Further, he noted that further discussions would
occur as per our agreements.
A question was asked about the timing of the construction and the Drainage Engineer
replied the tender documents could be submitted in September so that construction
could occur this fall at the same time as the Health Centre was underway.
RES. NO. 20 Moved by Bandeen
Seconded by Balint
RESOLVED that the Engineer’s Report for the Main Street Drain, be
accepted and the Clerk is instructed to draw up the necessary by-law.
DISPOSITION: Carried
SUBJECT: ADJOURNMENT
RES. NO. 21 Moved by Bandeen
Seconded by Mooser
RESOLVED that this Regular Session of Council adjourn at 4:20 p.m. to
nd
meet again on August 22, 2002.
DISPOSITION: Carried
These minutes were adopted on the 11th, day of September, 2002.
___________________________ ____________________________
Mayor Clerk