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December 12, 2002 Regular Meeting M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS TH DECEMBER 12, 2002 MEMBERS PRESENT: Mayor Duncan McPhail, Deputy Mayor Graham Warwick Councillors: Trudy Balint, Brad Bandeen, Mike Mooser STAFF PRESENT: Joanne Groch Administrator/Treasurer Norma Bryant Clerk Jeff Slater Recreation Superintendent Rick Jackson Roads Superintendent Lloyd Jarvis Water Utility Manager SUBJECT: MINUTES RES. NO. 1 Moved by Mooser Seconded by Warwick RESOLVED that the minutes of the meetings held on the following dates be adopted as printed and circulated. th November 14, 2002 Regular Meeting th November 14, 2002 Court of Revision – Freeman Drain th November 14, 2002 Court of Revision – Geo. Johnston Drain th November 19, 2002 Special Planning Meeting th November 28, 2002 Special Session th November 28, 2002 Public Meetings (2) DISPOSITION : Carried SUBJECT: WATER REPORT The Water Utility Manager presented his regular monthly report. The Mayor reported he had an inquiry from a ratepayer about the necessity of a 6” waterline for hydrants, couldn’t blow off taps be put on the hydrants so that portage tanks could be used by the fire department. The Water Utility Manager noted there may be an issue with draining the risers and noted he would research this concept and report back to Council. SUBJECT: RECREATION REPORT The Recreation Superintendent presented his regular monthly report. Councillor Mooser questioned the procedure for sidewalk clearing in the villages. SUBJECT: CLOSED SESSION RES. NO. 2 Moved by Warwick Seconded by Balint RESOLVED that Council of the Municipality of West Elgin adjourn to a closed session to discuss: labour relations or employee negotiations; litigation or potential litigation. DISPOSITION: Carried December 12, 2002…Pg 2 of 10 RES. NO. 3 Moved by Balint Seconded by Bandeen RESOLVED that Council of the Municipality of West Elgin do now rise and report. DISPOSITION: Carried SUBJECT: ROAD REPORT The Road Superintendent presented his monthly report. The Mayor questioned if a vacuum truck could be hired to vacuum leaves at the curbs instead of bagging. Councillor Bandeen questioned if weekly clean up was scheduled for the business areas? The Road Superintendent reported this was done on an as-needed basis and to do more frequently would require clean up at 6:30 a.m. and necessitate staff overtime. The Deputy Mayor questioned if we should contract out the sweeping of the business areas as well as watering the flowers. The Road Superintendent is to investigate these subjects and report back to Council. SUBJECT: CROSSWALK REQUEST The Clerk referred Council to correspondence item #15 from the County of Elgin, which notes that the County is gathering information and preparing a traffic study for the intersection of Pioneer Line and Graham Road intersection. After the report goes to County Council a copy will be forwarded to the municipality with County Council’s recommendation. The Road Superintendent noted his report outlines the general requirements for a crosswalk and is provided for Council’s information. SUBEJCT: PRE-WETTING WITH CORN/CALCIUM BRINE FOR SALT The Road Superintendent presented a report on the merits of pre-wetting salt with corn/calcium brine. Council agreed to continue with this process and asked that the condition of the roads after this salt is applied be discussed with General Chemical. SUBJECT: CLOSED SESSION RES. NO. 4 Moved by Bandeen Seconded by Balint RESOLVED that Council of the Municipality of West Elgin adjourn to a closed session to discuss a proposed or pending acquisition of land. DISPOSITION: Carried RES. NO. 5 Moved by Mooser Seconded by Warwick RESOLVED that Council of the Municipality of West Elgin do now rise and report. DISPOSITION: Carried SUBJECT: PROPOSED LAND ACQUISITION RES. NO. 6 Moved by Bandeen Seconded by Balint RESOLVED that Maurice Beaudry meet with the municipality’s solicitor to review the proposed agreement of purchase and a title search be completed. DISPOSITION: Carried December 12, 2002…Pg 3 of 10 SUBJECT: BUILDING REPORT The Chief Building Official was not in attendance. Council reviewed his report for the month of November. In November six permits were issued totalling $156,900.00 worth of construction. Total permits issued this year to date is 101 totalling $7,625,246.00 worth of construction. DELEGATION: DOUG GRAHAM, WEST ELGIN COMMUNITY HEALTH CENTRE Mr. Graham attended Council on behalf of the West Elgin Community Health Centre (WECHC) to report on the progress on their capital project. The WEHCH is awaiting approval from the government for additional funds for the capital project. It is anticipated that a decision will be forthcoming by the New Year. If all the funds are not received, a review of the building proposal will take place in order to match the funds allocated. Mr. Graham further reported that fundraising is going well, $160,000 of the $250,000 required has been raised to date. SUBJECT: REZONING – 154 MAPLE STREET, RODNEY – MAHARAJ RES. NO. 7 Moved by Warwick Seconded by Mooser RESOLVED that pursuant to Section 34(17) of the Planning Act, Council of the Corporation of the Municipality of West Elgin deems that further notice is not necessary in the consideration of an amendment to the Village of Rodney Zoning By-law 89-10 for 154 Maple Street (Maharaj). DISPOSITION: Carried SUBJECT: BY-LAW NO. 2002-45 – MAHARAJ ZONING AMENDMENT RES. NO. 8 Moved by Bandeen Seconded by Balint RESOLVED that the mover be granted leave to introduce a by-law to amend the Village of Rodney Zoning Bylaw No. 89-10, by amending the permitted zoning of lands of 154 Maple Street from Residential Third Density Zone (R3-1) to Residential Second Density Zone (R2-3), and that this shall be the first and second reading and provisional adoption thereof. DISPOSITON: Carried RES. NO. 9 Moved by Warwick Seconded by Mooser RESOLVED that a by-law to amend The Village of Rodney Zoning By-law No. 89-10 by amending the permitted zoning of lands of 154 Maple Street, from Residential Third Density Zone (R3-1) to Residential Second Density Zone (R2-3), and shall now be read a third time and finally passed, signed, sealed and numbered – By-law Number 2002-45 – Zone Amendment – Maharaj. DISPOSITION: Carried SUBJECT: BY-LAW NO. 2002-55 – BETHEL PARK DRAIN AMENDING RES. NO. 10 Moved by Balint Seconded by Bandeen RESOLVED that the mover be granted leave to introduce a by-Law to amend By-law 2001-42 providing for the construction of the Bethel Park Drain and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried December 12, 2002…Pg 4 of 10 RES. NO. 11 Moved by Warwick Seconded by Mooser RESOLVED that a by-Law to amend By-law 2001-42 providing for the construction of the Bethel Park Drain be now read a third time and finally passed, signed, sealed and numbered By-law Number 2002-55 – Bethel Park Drain Amending. DISPOSITION: Carried SUBJECT: BY-LAW NO. 2002-56 – KEUSCH DRAIN AMENDING RES. NO. 12 Moved by Balint Seconded by Bandeen RESOLVED that the mover be granted leave to introduce a by-Law to amend By-law 2001-17 providing for the construction of the Keusch Drain and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 13 Moved by Warwick Seconded by Mooser RESOLVED that a by-law to amend By-law 2001-17 providing for the construction of the Keusch Drain be now read a third time and finally passed, signed, sealed and numbered By-law Number 2002-56 – Keusch Drain Amending. DISPOSITION: Carried SUBJECT: BY-LAW NO. 2002-57 – McGILL DRAIN AMENDING RES. NO. 14 Moved by Bandeen Seconded by Balint RESOLVED that the mover be granted leave to introduce a by-Law to amend By-law 2001-53 providing for the construction of the McGill Drain and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 15 Moved by Warwick Seconded by Mooser RESOLVED that a by-law to amend By-law 2001-53 providing for the construction of the McGill Drain be now read a third time and finally passed, signed, sealed and numbered By-law Number 2002-57 – McGill Drain Amending. DISPOSITION: Carried SUBJECT: BY-LAW NO. 2002-58 – NO. 2 DRAIN – JOHNSTON CULVERT AMENDING RES. NO. 16 Moved by Bandeen Seconded by Balint RESOLVED that the mover be granted leave to introduce a by-Law to amend By-law 2002-08 providing for the construction of the No. 2 Drain – Johnston Culvert and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried December 12, 2002…Pg 5 of 10 RES. NO. 17 Moved by Warwick Seconded by Mooser RESOLVED that a by-law to amend By-law 2002-08 providing for the construction of the No. 2 Drain – Johnston Culvert be now read a third time and finally passed, signed, sealed and numbered By-law Number 2002-58 – No. 2 Drain – Johnston Culvert Amending DISPOSITION: Carried SUBJECT: BY-LAW NO. 2002-59 - ALDRED-PODEBRY DRAIN AMENDING RES. NO. 18 Moved by Mooser Seconded by Warwick RESOLVED that the mover be granted leave to introduce a by-Law to amend By-law 2001-41 providing for the construction of the Aldred- Podebry Drain and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 19 Moved by Bandeen Seconded by Balint RESOLVED that a by-Law to amend By-law 2001-41 providing for the construction of the Aldred-Podebry Drain be now read a third time and finally passed, signed, sealed and numbered By-law Number 2002-59 – Aldred-Podebry Drain Amending. DISPOSITION: Carried SUBJECT: BY-LAW NO. 2002-60 – PAGE DRAIN AMENDING RES. NO. 20 Moved by Bandeen Seconded by Balint RESOLVED that the mover be granted leave to introduce a by-Law to amend By-law 2001-45 providing for the construction of the Page Drain and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 21 Moved by Mooser Seconded by Warwick RESOLVED that a by-Law to amend By-law 2001-45 providing for the construction of the Page Drain be now read a third time and finally passed, signed, sealed and numbered By-law Number 2002-60 – Page Drain Amending. DISPOSITION: Carried SUBJECT: BY-LAW NO. 2002-61 – RIPLEY DRAIN AMENDING RES. NO. 22 Moved by Bandeen Seconded by Balint RESOLVED that the mover be granted leave to introduce a by-Law to amend By-law 2000-24 providing for the construction of the Ripley Drain and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried December 12, 2002…Pg 6 of 10 RES. NO. 23 Moved by Balint Seconded by Bandeen RESOLVED that a by-Law to amend By-law 2000-24 providing for the construction of the Ripley Drain be now read a third time and finally passed, signed, sealed and numbered By-law Number 2002-61 – Ripley Drain Amending. SUBJECT: BY-LAW NO. 2002-62 – PROCEDURES FOR WATER DEPARTMENT RES. NO. 24 Moved by Mooser Seconded by Warwick RESOLVED that the mover be granted leave to introduce a by-Law to adopt procedures for the Water Department and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 25 Moved by Bandeen Seconded by Balint RESOLVED that a by-law to adopt procedures for the Water Department be now read a third time and finally passed, signed, sealed and numbered. By-law Number 2002-62 – Procedures for Water Department. DISPOSITON: Carried SUBJECT: BY-LAW NO. 2002-63 – OPA 22, GENERAL AMENDMENT RES. NO. 26 Moved by Warwick Seconded by Mooser RESOLVED that the mover be granted leave to introduce a by-law to amend Township of Aldborough Official Plan By-law No. 89-08, to add explanatory text and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 27 Moved by Bandeen Seconded by Balint RESOLVED that a by-law to amend The Township of Aldborough Official Plan By-law No. 89-08 to change the explanatory text, shall now be read a third time and finally passed, signed, sealed and numbered By-law Number 2002-63 – OPA 22 – General Amendment. DISPOSITION: Carried DELEGATION: FIRE CHIEF ALAN BEER The West Lorne Fire Chief attended Council to present two quotes for the replacement of the cube van. The Association reviewed the trucks available and feel the proposal submitted by Hackney Rescue for an eleven-compartment rescue vehicle is the best choice. The estimate provided was in the amount of $308,500.00 plus taxes. This vehicle would provide space for equipment and proper seating for firefighters with seat belts. The Mayor noted that when the Rodney Department replaced their rescue vehicle, the municipality paid 50% and the fire association paid 50%, to total cost of $180,000.00. With inflation included it was proposed that the municipality could contribute to a maximum of $100,000.00 for a rescue van for West Lorne. It was suggested that when the West Lorne Association can raise the balance required they come back to Council. December 12, 2002…Pg 7 of 10 Discussion was held regarding the West Lorne Santa Claus parade and the appropriate location for Santa Claus to greet the children. Council agreed that the best location was at the fire hall and that arrangements shall be made to the satisfaction of Council to accommodate this event. SUBJECT: CORRESPONDENCE 1.* Elgin County Archives – agreement re: Transfer of Archival Records RES. NO. 28 Moved by Bandeen Seconded by Balint RESOLVED that the Council of the Corporation of the Municipality of West Elgin hereby grants permission to temporarily transfer archival records of the former Township of Aldborough, the Village of Rodney and the Village of West Lorne to the Elgin County Archives for formal review. A detailed transfer agreement will be brought forward to Council for adoption after appraisal of the records by the County Archivist. DISPOSITION: Carried 2.* County of Elgin – maintenance standards Instruction: File 3.* Township of Malahide – Entertainment By-law Instruction: File 4.* Dockstader & Groves – request for support of a resolution regarding MPAC services Instruction: File 5. Multiple Sclerosis Society – announcement of Carnation Campaign Instruction: File 6.* Ontario New Home Warranty Program - introduction of revised program Instruction: The Chief Building Official to provide more information. 7.* Association of Municipal Tax Collectors of Ontario – request for support of resolution regarding statutory position of Tax Collector Instruction: File 8.* County of Elgin – proposed changes to lower-tier zoning by-law Instruction: File 9.* City of Welland – request for support of a resolution re fortification of lands Instruction: File 10.* City of St. Catharines – request for support of a resolution re doctor shortages Instruction: File 11.* Township of Armour – request for support of a resolution regarding MPAC Instruction: File 12.* Township of Montague – request for support of a resolution regarding Jury Duty Instruction: File 13.* Elgin St. Thomas Health Unit – smoking control by-laws Instruction: File December 12, 2002…Pg 8 of 10 14.* Town of Tecumseh – request for support of a resolution regarding second-hand smoke Instruction: File 15.* County of Elgin – Pioneer Line and Graham Road intersection Instruction: File 16. AMO - Government’s Hydro Action Plan - Impact of Funeral, Burial and Cremation Services Act (Bill 209) - Call for Full Review on New Hydro Bill - Bill 210, Electricity Pricing, Conservation and Supply Act - Update on Provincial Water Policy Initiative - AMO defends municipal interest in water - Government amends Municipal Elections Act - Protection of Volunteer Firefighters Instruction: File 17. Ministry of Municipal Affairs & Housing – Ontario Centre for Municipal Best Practices Instruction: File 18. Canadian Red Cross – Blood Tragedy Instruction: File 19. Ministry of Public Safety and Security – Mandatory emergency management programs Instruction: File 20. Ministry of Municipal Affairs & Housing – announcement of passage of Bill 177 Instruction: File 21. Elgin Group Police Services Board –Detachment Commander’s Report, October 2002 Instruction: File thth 22. Ontario Family Fishing Weekend – July 4 to July 6, 2003 Instruction: File 23. County of Elgin – Passage of Reduction of tax rate by-law (02-30) Instruction: File 24. Lower Thames Conservation Authority – Tree Planting Services Instruction: File 25. Conservation Ontario – announcement of participants to Government’s Advisory Committee Instruction: File thth 26. GTA Transportation Summit – March 25 and 26, 2003, Toronto Instruction: File 27. Ontario Certification News - October 2002 publication Instruction: File 28. Elgin St. Thomas Health Unit – October 2002 publication Instruction: File December 12, 2002…Pg 9 of 10 29. Stewardship Ontario – announcement of consultation workshops Instruction: File 30. Funshop 8 – thank you for support Instruction: File 31. Ministry of Municipal Affairs & Housing – announcement of Community Reinvestment Fund allocation Instruction: File 32. Community Emergency Program Planning Services – proposal to provide services for West Elgin Instruction: File 33. Ministry of Agriculture & Food – announcement of Nutrient Management Act information sessions Instruction: File 34. Steve Peters MPP – copy of the letter to Minister of Consumer and Business Services re slot machines at Western Fair Raceway Instruction: File 35. Steve Peters MPP – press release re Hydro One gouging rural Ontario hydro users Instruction: File 36. Ministry of Municipal Affairs and Housing – announcement of e-guide to new Municipal Act Instruction: File RES. NO. 28 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 ? *Elgin Group Police Services Board – October 29, 2002 ? *West Elgin Chamber of Commerce – November 5, 2002 ? *West Elgin Arena Board – November 14, 2002 SUBJECT: COUNTY OF ELGIN CAPITAL PROJECTS PROTOCOL Council reviewed correspondence from the County of Elgin outlining a protocol for lower tier municipalities to advise the County of their 5-year capital projects that would affect county roads. The Mayor noted we follow the County lead on capital construction on their roads and appreciate the County advising the municipality of their capital project forecast. SUBJECT: PRELIMINARY SEVERANCE APPLICATION – WOLF Council reviewed a report of the Clerk regarding a preliminary severance request on Lot 12, Concession 3 WD. It was noted that the Wolf’s are living in the dwelling in question and therefore it would not be considered surplus at this time. Councillor Balint reported that Mr. Wolf considered this house as surplus as they owned five others. Council determined that they could not support the application at this time. December 12, 2002…Pg 10 of 10 SUBJECT: WEST ELGIN COMMUNITY HEALTH CENTRE Council reviewed a report of the Clerk regarding an easement for underground services over the community health centre property. RES. NO. 30 Moved by Mooser Seconded by Warwick RESOLVED that Council agrees that an easement for underground services across the West Elgin Community Health Centre property is desirable and directs that the necessary documents be prepared. DISPOSITION: Carried SUBJECT: DIGITAL AERIAL PHOTOGRAPHY Council reviewed a report submitted by Ted Halwa comparing costing for digital aerial photography projects. As this project has been deferred until the spring, no decision was made. SUBJECT: POSTAGE MACHINE QUOTE Council reviewed a report of the Treasurer/Administrator regarding the replacement of the postage machine. RES. NO. 31 Moved by Bandeen Seconded by Balint RESOLVED that Council acknowledges the receipt of quotes for a postage meter from Pitney Bowes and Neopost and determines that neither quote be accepted at this time. DISPOSITION: Carried SUBJECT: WAGE NEGOTIATIONS Council agreed, in accordance with previous practice, to meet with full-time staff th commencing at 1:30 p.m. on December 19 to discuss wages for 2003. SUBJECT: ADJOURNMENT RES. NO. 32 Moved by Mooser Seconded by Warwick RESOLVED that this Regular Session of Council adjourn at 4:15 p.m. to th meet again on December 19, 2002. DISPOSITION: Carried th These minutes were adopted on the 9 day of January, 2003. ___________________________ ____________________________ Mayor Clerk