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July 25, 2002 Special Meeting M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN SPECIAL SESSION WEST ELGIN COUNCIL CHAMBERS TH JULY 25, 2002 MEMBERS PRESENT: Mayor Duncan McPhail, Deputy Mayor Graham Warwick Councillors: Trudy Balint, Mike Mooser(morning only), Brad Bandeen STAFF PRESENT: Joanne Groch Administrator/Clerk-Treasurer ALSO PRESENT: Ted Halwa, Planning Consultant Mayor McPhail opened this Special Session of Council at 9:30 a.m. and explained the purpose of the meeting was to hold a public meeting and deal with other matters of business arising since the last meeting. SUBJECT: PUBLIC MEETING Council adjourned to a Public Meeting for the Andrei Official Plan and Rezoning application and resumed their Special Session thereafter. SUBJECT: MELODY CHURCH COMPLAINTS Council discussed complaints that had been received regarding church activities at the properties of Rick and Brenda Gordon on Graham Road. RES. No. 1 Moved by Mooser Seconded by Warwick RESOLVED that the Planner send a letter to Rick and Brenda Gordon to advise of verbal complaints received and the permissible uses under the by-law on their properties. DISPOSITION: Carried SUBJECT: RODNEY SKATEBOARD PARK Council reviewed a written report from Jeff Slater regarding a sudden change of location for the Rodney skateboard park. Elaine Lapadat and Tracey Bradshaw were in attendance to voice their concerns over the procedures and how one person can change things when there is a Committee and no other members were notified. Councillor Bandeen apologized for his bad decision. The skateboard park is proceeding in the original location. July 25/02…Pg 2 of 7 SUBJECT: RECREATION WORKSHOP QUOTES The recreation workshop was tendered for a second time and only one quote was received from William Smith Construction in the amount of $81,720.62 + taxes. RES. NO. 2 Moved by Balint Seconded by Bandeen RESOLVED thatthe quote of William A. Smith Construction in the amount of $81,720.62 + taxes for construction of the recreation workshop be accepted. DISPOSITION: Carried SUBJECT: CHAIRS & TABLES – QUOTES The following quotes were received for 20 tables and 100 chairs: Ontario Table & Chair $ 6,109.00 + taxes Nexus lightweight plastic-96”x30” (Delivery is 8 to 10 weeks) Schoolhouse Products Inc. $ 8,655.00 + taxes ABS plastic -96”x30” Lovers at Work $ 4,489.00 + taxes HON lightweight table – 72” x 30” RES. NO. 3 Moved by Mooser Seconded by Warwick RESOLVED that the quote of Ontario Table & Chair in the amount of $6,109.00 + taxes for supply of 100 chairs and 20 tables be approved. DISPOSITION: Carried Mike Mooser left the meeting at this time. SUBJECT: O.P.P. DELEGATION John Wilson, Chair of the Elgin Police Services Board and Staff Sergeant Ryan Cox were in attendance at Council’s request to report on services in West Elgin. They presented and reviewed an Elgin County Community Survey for 2001 and answered questions of Council. S.S. Cox re-advised that he has an “open door” policy and to contact him at any term with concerns. SUBJECT: PORT GLASGOW MARINA Rick Crandall was in attendance along with Peg VanAcker and Jack McLean to make Council aware of problems at the Port Glasgow Yacht Club. There is increased traffic with the fishermen and garbage receptacles are not being emptied and washrooms are not being kept clean. Signs had been posted and they had been approached and told that the docks would be closed to the public. They didn’t want to lose the privilege of using the docks. Mayor McPhail is to arrange a joint meeting with those concerned and the Yacht Club members. SUBJECT: CARTER SEWAGE CONCERNS – QUEEN STREET RODNEY Andrea Carter was in attendance to voice her concerns over the slowness of the installation of her sewage connection. She also indicated that she felt that she shouldn’t be paying sewage charges and wanted a refund. Mayor McPhail asked her to submit a written request for a refund and Council would consider it. She was advised that the connection is being installed at the first of August. July 25/02…Pg 3 of 7 SUBJECT: HOG BARN COMPLAINT – DOWNIE LINE John Wilson was present to discuss the construction of a hog barn on the Dieker property on Downie Line. He has concerns with future water quality, odours, spills, and expansions. Council advised as to their process regarding the establishment of nutrient management plans and the requirements under the manure storage by-law and the Minimum Distance Formulae for new and expanded livestock operations and expanded non-agricultural use in agricultural areas. A panel consisting of farmers, rural residents and Council members reviewed the process and where agricultural of this scale should be located. Paul Mistele as a member of the stakeholders group involved in the development of these by-laws was present for discussion. SUBJECT: ROWE ENERGY – GAS LINE INSTALLATION – ARGYLE LINE Dale Norman of Rowe Energy was in attendance to review the proposed gas line along the south side of Argyle Line easterly to the Dutton/Dunwich Town Line. Mr. Paul Gangle was also present to voice his concerns over possible damage to trees planted along the front of his property on the road allowance. Mr. Norman indicated that they would be boring under the root system and there should be no damage to the trees. Council had no concerns and will pass the By-law to authorize the agreement later in the meeting. SUBJECT: CORRESPONDENCE 1. * Cassels Brock & Blackwell – Four Counties Health Services Corporation – board member appointment Instructions: RES. NO. 4 Moved by Balint Seconded by Bandeen RESOLVED that Deputy Mayor Graham Warwick be appointed to serve on the Four Counties Hospital Board as the representative of the Municipality of West Elgin. DISPOSITION: Carried 2. * West Elgin Chamber of Commerce – thank you for having Ann Smith coordinate the very successful Canada Day festivities Instructions: File 3. * West Elgin Community Health Centre – Multicultural Celebration – donations requested Instructions: File 4. * West Elgin Daffodil Auxiliary – request for Haasz Trust Fund monies Instructions: Hold over until next meeting 5. Land Division Committee – severance application -J. & J. Bakker – E58/02 Instructions: July 25/02…Pg 4 of 7 RES. NO. 5 Moved by Bandeen Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin have the following comments regarding Severance Application E58/02 as applied for by J. & J. Bakker. Council approves of 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 no further residential development on the retained agricultural portion. Subject to water and/or sewer connection fees if applicable. Subject to retained parcels being merged into one parcel Subject to severed parcels being merged into one parcel DISPOSITION: Carried 6. Union Gas – order for rate increase Instructions: File 7. Dillon Consulting – notification of Tilbury Wastewater Treatment Facility Upgrade Instructions: File 8. West Elgin Community Health Centre – Annual Report Instructions: File 9. West Lorne Optimist – thank you for donation to Car Show Instructions: File * Information enclosed RES. NO. 6 Moved by Warwick Seconded by Bandeen RESOLVED that the correspondence be dealt with as per the instructions of Council as noted. DISPOSITION: Carried SUBJECT: BY-LAW NO. 2002 – 17 – TO APPOINT A CLERK RES. NO. 7 Moved by Warwick Seconded by Bandeen RESOLVED that the mover be granted leave to introduce a By-Law to appoint a Clerk for the Municipality of West Elgin and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 8 Moved by Balint Seconded by Bandeen RESOLVED that a bylaw to appoint a Clerk for the Municipality of West Elgin be now read a third time and finally passed, signed, sealed and numbered – By-Law No. 2002-17 – To Appoint a Clerk DISPOSITION: Carried July 25/02…Pg 5 of 7 SUBJECT: BY-LAW NO. 2002-21 – AGREEMENT WITH ROWE ENERGY RES. NO. 9Moved by Balint Seconded by Bandeen RESOLVED that a by-law to authorize the execution of an agreement between the Council of the Municipality of West Elgin and Rowe Energy Corporation to authorize Rowe Energy corporation to lay, maintain and use pipes within parts of a highway for transmitting natural gas be now a first and second and provisionally adopted. DISPOSITION: Carried RES. NO. 10 Moved by Bandeen Seconded by Warwick RESOLVED that a by-law to authorize the execution of an agreement between the Corporation of the Municipality of West Elgin and Rowe Energy Corporation be now read a third time and finally passed, sealed and numbered. By-law Number 2001-21 – Agreement – Rowe Energy Corporation DISPOSITION: Carried SUBJECT: CLOSED SESSION RES. NO. 11 Moved by Balint Seconded by Warwick RESOLVED that the Council of the Municipality of West Elgin adjourn to a closed session to discuss a matter in respect or personal matters about an identifiable individual. DISPOSITION: Carried RES. NO. 12 Moved by Bandeen Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin do now rise and report. DISPOSITION: Carried SUBJECT: ROAD FOREMAN’S POSITION Applicants who submitted resumes for the Road Foreman’s position will be interviewed th on August 7 beginning at 1:00 p.m. SUBJECT: DEPUTY TREASURER The Administrator advised that one application had been received internally for the position of Deputy Treasurer. SUBJECT: BY-LAW 2002-22 – TO APPOINT A DEPUTY TREASURER RES. NO. 13 Moved by Bandeen Seconded by Balint RESOLVED that the mover be granted leave to introduce a By-Law to appoint a Deputy Treasurer for the Municipality of West Elgin and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried July 25/02…Pg 6 of 7 RES. NO. 14 Moved by Warwick Seconded by Bandeen RESOLVED that a Bylaw to appoint a Deputy Treasurer for the Municipality of West Elgin be now read a third time and finally passed, signed, sealed and numbered. By-law Number 2002-22 – To Appoint a Deputy Treasurer DISPOSITION: Carried SUBJECT: WEST LORNE FIREMEN - STREET DANCE RES. NO. 15 Moved by Warwick Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin approves of the West Lorne firemen holding a street dance on August 31, 2002 in the IGA parking lot at 170 Main Street West Lorne and also approves of the serving of alcohol. DISPOSITION: Carried SUBJECT: FOUR COUNTIES HEALTH SERVICES Council reviewed a draft letter prepared by the solicitor regarding the Four Counties Health Services Corporation and their request for an appointment of a Supervisor. RES. NO. 16 Moved by Warwick Seconded by Balint RESOVLED that the Mayor be authorized to send a letter to the Minister of Health responding to the request for appointment of a Supervisor. DISPOSITION: Carried RES. NO. 17 Moved by Warwick Seconded by Balint WHEREAS the current Board of Directors for Four Counties Health Services has resigned en masse and has cancelled the Annual General Meeting where elections were to be held; AND WHEREAS the Council of the Municipality of West Elgin believes that Four Counties Health Services can be properly managed by a Board of local Directors duly elected pursuant to existing by-laws; AND WHEREAS it is the understanding of Council that a slate of persons stands ready to seek election to the Board of Directors for Four Counties Health Services; NOW THEREFORE BE IT RESOLVED THAT the Minister of Health be advised that the Council of the Municipality of West Elgin would welcome the appointment of a supervisor under the Public Hospitals Act for the purpose of facilitation of conducting election of Directors; AND THAT Council would have concerns as to interference with local health care management if such a supervisor were appointed for broader or ongoing administrative purposes; AND FURTHER THAT this resolution be forwarded to the municipal stakeholders of Four Counties Health Services for their consideration and support. DISPOSITION: Carried July 25/02…Pg 7 of 7 SUBJECT: ADJOURNMENT RES. NO. 18 Moved by Balint Seconded by Bandeen RESOLVED that this Special Meeting of Council shall adjourn at 6:10 th p.m. to meet again on August 8, 2002. DISPOSITION: Carried These minutes were adopted on August 8th, 2002. ____________________________ _______________________________ MAYOR CLERK