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June 13, 2002 Regular Meeting M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS th JUNE 13, 2002 MEMBERS PRESENT: Mayor Duncan McPhail, Deputy Mayor Graham Warwick Councillors: Trudy Balint, Brad Bandeen STAFF PRESENT: Joanne Groch Administrator/Treasurer Linda Cranston Clerk/Deputy-Treasurer Jeff Slater Parks & Arena Superintendent Rick Jackson Roads Superintendent Lloyd Jarvis Water Utility Manager SUBJECT: MINUTES Bandeen RES. NO. 1 Moved by Seconded by Balint RESOLVED that the minutes of the meetings held on the following dates be adopted as printed and circulated. th May 9, 2002 Regular Council Meeting th May 9, 2002 Court of Revision Meeting th May 16, 2002 Planning & Budget Meeting rd May 23, 2002 Special Meeting rd May 23, 2002 Public Meeting th May 30, 2002 Special Meeting DISPOSITION : Carried SUBJECT: COMMITTEE OF ADJUSTMENT: MORRISON Council adjourned to a Committee of Adjustment to address a minor variance application for Duncan Morrison. Council resumed their special meeting of council thereafter. SUBJECT: ROAD REPORT Rick Jackson presented his regular monthly report to council and advised that brine application to the roads was nearing completion. Council was pleased that the roads are in such good condition at this time. Discussions took place regarding the number of accidents taking place on Pioneer Line, at the east end of West Lorne, where the road curves sharply before the railway tracks. People keep running into the guard rails. RES. NO. 2 Moved by Bandeen Seconded by Warwick RESOLVED that Council gives approval to the Road Superintendent to proceed with the County Engineer to install a flashing warning light on the west bound side of Pioneer Line, as you head towards West Lorne, just as the road curves at the railway track, to alert traffic to the sharp curve in that area. DISPOSITION: Carried 2 Rick was instructed to erect a “hidden intersection” sign near McPherson & Gesner Line, near the Chatham-Kent border. He was also instructed to order a directional sign and a name sign for Joe’s Bush. The Road Superintendent informed council that the Southern Ontario Road Superintendent’s Annual Trade Show will be held in Elgin County in June 2002 in Aylmer. SUBJECT: STREET LIGHTS Council set the price for the sale of the old streetlight arms and poles at $100.00 each, on a first come, first sold basis. RES. NO. 3 Moved by Bandeen Seconded by Warwick RESOLVED that the Council of the Municipality of West Elgin agrees to sell the old streetlight poles and arms for the amount of $100.00 each. DISPOSITION: Carried Councillor Balint brought it to council attention that the area in the Todd Place Subdivision was in immediate need of a couple of streetlights. RES. NO. 4 Moved by Bandeen Seconded BY Balint RESOLVED that Council approves that a streetlight be installed at the corner of Todd and Angelo Street and also one in the cul-de-sac in the Todd Place Subdivision. DISPOSITION: Carried SUBJECT: PREMIUM PORK A letter was received from Premium Pork to request that they be allowed to install a culvert under the municipal road at their cost, on Gilbert Line as well as McMurchy Line. RES. NO. 5 Moved by Bandeen Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin gives approval to Premium Pork to install a culvert at 26171 McMurchy Line and at 26516 Gilbert Line at their cost, under the supervision of the Road Superintendent, on the condition that they provide a deposit in the amount of $500.00, to get a Hold Harmless signed Agreement, prepared before installation. (to be prepared by our Solicitor). DISPOSITION: Carried SUBJECT: RECREATION REPORT Jeff Slater, Recreation Superintendent presented his regular monthly report. Council congratulated him on his work and participation in the “Caravan of Caring” that took place on the weekend. Jeff reported that Wm. Smith Construction would like to have a Hold Harmless Agreement signed, that states that he has constructed the skateboard park according to the specifications provided by the Municipality and that he would not be held responsible if anything should happen after the construction is complete. RES. NO. 6 Moved by Bandeen Seconded by Balint RESOLVED that Council is in agreement that Wm. Smith will have his lawyer prepare a “Hold Harmless Agreement” which will include “specs” for the skateboard park construction provided by the Municipality of West Elgin and to be brought back to Council for final approval. DISPOSITION: Carried th Council Minutes – June 13, 2002 3 Jeff also reported that he was still waiting for a report from Spriet Associates who were asked to re-do the specs for the Arena washrooms. He reminded council that the other items to be addressed at the arena will be the sound system and the exhaust fan system at the food booth. SUBJECT: RECREATION STORAGE BUILDING RES. NO. 7 Moved by Bandeen Seconded by Balint RESOLVED that Council of the Municipality of West Elgin agrees that the new recreation storage building should be a pole barn style, to be located on Chestnut Street in West Lorne at an approximate cost of $90,000.00 or less. DISPOSITION: Carried by unanimous vote. Councillor Mooser absent. SUBJECT: RECREATION DEPARTMENT TRUCK Discussions took place regarding a new truck for the recreation department. New truck quotes were presented as follows: 1. Miller Motors - $30,475.00 2. Fordham Motors - $29,973.25 Council then had discussions about a possible purchase of a used truck instead. Quotes were provided from Miller Motors for a 1999 truck in the amount of $14,000.00 plus taxes, with a trade in, but the mileage was over 100,000 kilometers. Then they got a quote from Pollock Truck Sales in Strathroy for a 2000 truck in the amount of $17,000.00 plus taxes and no trade in, with less than 50,000 kilometers on it. RES. NO. 8 Moved by Balint Seconded by Warwick RESOLVED that the Council of the Municipality of West Elgin hereby gives approval to the Recreation Department for the purchase of a 2000 V8 – ¾ ton pickup with 49,700 kilometers to be purchased from Pollock Truck Sales in Strathroy in the amount of $17,000.00 plus taxes. DISPOSITION: Carried SUBJECT: WATER UTILITY REPORT Lloyd Jarvis updated council on his work activities in the past month. He reported that the labs testing the Municipal water was adhering to all the regulations of the Ontario Clean Water Act. He explained the details of the additional electrical work required for the new street lights at the corner of Main Street in West Lorne and the new updates that are required to meet the inspection regulations to bring the old wiring up to code. The two new aluminium poles are to be painted black to match the other new poles. Lloyd also reported that the streetlight poles in Rodney need to have the brackets installed for the flower pots, and he asked for clarification from council whether he was to also install the brackets for the Christmas lights at the same time. Council was in agreement that it would save time to do them all at once. The new 6” waterline has been installed to the property line for the West Elgin Health Centre. th Council Minutes – June 13, 2002 4 SUBJECT: WATER DEPT. CARGO VAN Quotes were presented for a cargo size van for the water department. They are as follows: 1. Miller Motors - $28,226.75 including taxes 2. Fordham Motors - $28,829.00 including taxes RES. NO. 9 Moved by Balint Seconded by Warwick RESOLVED that the Council of the Municipality of West Elgin hereby gives approval for the purchase of a 2002 – ¾ ton cargo van for the Water Department in the amount of $28,226.75 including taxes, from Miller Motors Ltd. DISPOSITION: Carried SUBJECT: WATER & SEWAGE RATES Administrator Groch presented a water and sewage report for Rodney and West Lorne systems for 2002. It was proposed that the water rates will have to be increased in order to keep up with the capital expenditures that are required to bring the old waterlines up to the proper standards in accordance with the Ontario Water Regulations. RES. NO. 10 Moved by Warwick Seconded by Bandeen RESOLVED that effective July 1, 2002 the water and sewage rates will be as follows: Water $ .95 per cu. M. Rodney Sewage rate 88% of the water bill West Lorne Sewage rate 68% of the water bill DISPOSITION: Carried SUBJECT: BUILDING REPORT Chief Building Official, Lorne McLeod was not in attendance at council but he sent his report for the month of May, which indicated that eighteen permits had been issued totalling $930,600.00 worth of construction. Total permits issued this year to date is 42 totalling $2,342,550.00 worth of construction. SUBJECT: MAURICE BEAUDRY Maurice Beaudry, real estate broker gave a presentation to council in regard to possibly acquiring the CSX Railway property in West Lorne, just to the north of the Health Centre site. RES. NO. 11 Moved by Bandeen Seconded by Balint RESOLVED that Council of the Municipality of West Elgin agrees to hire Maurice Beaudry, real estate broker for a retainer fee of $1,000.00 and in accordance to the terms as set out in the written proposal presented and circulated to council. DISPOSITION: Carried th Council Minutes – June 13, 2002 5 SUBJECT: CLOSED SESSION RES. NO. 13 Moved by Bandeen Seconded by Balint RESOLVED that the 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. 14 Moved by Warwick Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin do now rise and report. DISPOSITION: Carried RES. NO. 15 Moved by Bandeen Seconded by Balint RESOLVED that the position of Clerk will be advertised. DISPOSITION: Carried SUBJECT: DEPUTY-TREASURER POSITION RES. NO. 16 Moved by Balint Seconded by Bandeen RESOLVED that a new position will be created for a Deputy-Treasurer. DISPOSITION: Carried It was decided that the Deputy-Treasurer position would be posted in-house. SUBJECT: INTERIM ROAD FOREMAN POSITION Due to the up-coming retirement of the Road Foreman, the following resolution was passed: RES. NO. 17 Moved by Bandeen Seconded by Warwick RESOLVED that an Interim Road Foreman position will be posted internally for applicants. This position will be for a six-month trial position, pending the final report from Lion Sharzer and council’s decision. DISPOSITION: Carried SUBJECT: ACCOUNTS RES. NO. 18 Moved by Bandeen Seconded by Balint RESOLVED that the Mayor and Administrator/Treasurer be and they are hereby authorized to sign Payment Voucher #6, amounting to $634,532.65 in settlement of General, Road and Water Accounts, Cheques #3296 – 3557 plus General/Roads/Water/Payroll including Arena Voucher of $9010.28 (#1303 – 1320). DISPOSITION: Carried SUBJECT: CORRESPONDENCE 1. Premium Pork letter regarding a culvert installation. This subject was discussed when the Road Superintendent was present earlier in the meeting and a resolution was passed at that time. Instruction: Clerk to correspond with them on the matter. th Council Minutes – June 13, 2002 6 2. Sommers Motor Generator Sales Ltd. – Annual Servicing Agreement for the new Generator. Instruction: Clerk is to speak with Tom Mohan, Roads Dept. about the servicing. 3. CWS Meter Reading Service reply letter to let us know that they will not rebate any money towards the Duncan McGregor rebate issue. Instruction: Clerk is to correspond to let them know that their letter will be kept on file for review at contract renewal time. 4. Spriets Associates recommendations for the West Elgin Health Centre Site Plan Agreement. Instruction: Clerk is to send a copy to Ted Halwa to be incorporated into the Agreement. 5. Dutton/Dunwich Council invitation to attend a Rural Economic Development nd meeting to be held on Tuesday, July 2 at 7:00 p.m. Instruction: Deputy-Mayor Warwick will represent Council. 6. Corporation of the Town of Lakeshore requesting support of a resolution to have the Province of Ontario re-evaluate and reduce the interest rate on tile drain loans. RES. NO. 19 Moved by Bandeen Seconded by Warwick RESOLVED that Council of the Municipality of West Elgin is in support of the resolution put forth by the Corporation of the Town of Lakeshore to request that the Province of Ontario evaluate and reduce the interest rates under the Tile Drainage Act so that it is more equitable and reasonable. DISPOSITION: Carried 7. Elgin Group Police Services Board request for endorsement of the proposed 2002 Budget. RES. NO. 20 Moved by Bandeen Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin approves the 2002 budget for the Elgin Group Police Services as presented. DISPOSITION: Carried 8. Land Division – Severance Comments on Application No. E 52/02 for Hollanada Farms Limited. RES. NO. 21 Moved by Bandeen Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin have no objections to the Consent to Sever application No. E 52/02 Concession 12, Part Lot 20 – 21 as applied for by Hollanada Farms Limited. Council approves the severance with the following conditions: Subject to rezoning, if applicable. 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. DISPOSITION: Carried th Council Minutes – June 13, 2002 7 9.(a) Land Division – Severance comments on Application No. E49/02 for Tony Santos, Concession 9, Part Lot 17 (Parts 3,4 & 5). RES. NO. 22 Moved by Bandeen Seconded by Balint RESOLVED that THE Council of the Municipality of West Elgin have no objections to the Consent to Sever application No. E49/02, Concession 9, Part Lot 17 (Parts 3, 4 & 5) as applied for by Tony Santos. Council approves the severance with the following conditions: Subject to re-zoning, if applicable 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 any agreements with the Municipality as required. Subject to water and/or sewer connection fees, if applicable. DISPOSITION: Carried 9.(b) Land Division – Severance comments on Application No. E50/02 for Tony Santos, Concession 9, Part Lot 17 (Part 4 Registered Plan No. 11R7713) as applied for by Tony Santos. RES. NO. 23 Moved by Bandeen Seconded by Warwick RESOLVED that the Council of the Municipality of West Elgin have no objections to the Consent to Sever application No. E. 50/02, Concession 9, Part Lot 17 (Part of Registered Plan No. 11R7713) as applied for by Tony Santos. Council approves the severance with the following conditions: Subject to re-zoning, if applicable 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 any agreements with the Municipality as required. Subject to water and/or sewer connection fees, if applicable. DISPOSITION: Carried 9.(c) Land Division – Severance comments on Application No. E 51/02, Concession 9, Part Lot 17 (Part 2 Registered Plan No. 11R7713) as applied for by Tony Santos. RES. NO. 24 Moved by Balint Seconded by Warwick RESOLVED that the Council of the Municipality of West Elgin have no objections to the Consent to Sever application No. 51/02, Concession 9, Part Lot 17 (Part 2 Registered Plan No. 11R7713), as applied for by Tony Santos. Council approves the severance with the following conditions: Subject to re-zoning, if applicable 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 any agreements with the Municipality as required. Subject to water and/or sewer connection fees, if applicable. DISPOSITION: Carried th Council Minutes – June 13, 2002 8 10. David Douglas – copy of his economic development report used during his presentation given at the last planning meeting. Thank you letter and invoice. RES. NO. 25 Moved by Bandeen Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin approves the payment of the invoice from David Douglas for his professional planning services in the amount of $1077.28 including taxes. DISPOSITION: Carried 11. Clerk’s Resignation Letter. RES. NO. 12 Moved by Bandeen Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin accepts with th regret the resignation of the Clerk, Linda Cranston effective as of July 5, 2002. DISPOSITION: Carried th 12. Family Fishing Weekend is scheduled for the weekend of July 5 to 7, 2002 with no license required – free fishing all over Ontario. Instruction: File 13. Progress report from Rail Ways to the Future. Instruction: File th 14. West Elgin Chamber of Commerce – minutes from May 7, 2002. Instruction: File 15. Notice of the passing of Michael Smithers – editor for Municipal World. Instruction: File 16. Provincial Policy Statement – 5 year planning review. Instruction: File 17. Hydro One Networks Inc. – rate distribution changes. Instruction: File rdst 18. Elgin Group Police Services Board Minutes from April 23, 2002 and May 21. Instruction: File 19. AMO – Municipal Alert – issues from the throne speech. Instruction: File 20. Foundation for Rural Living – Annual Report for 2001. Instruction: File 21. Annual General Meeting for the Elgin St. Thomas Archives Association will be th held on Thursday, June 27, 2002 at 7:30 p.m. at the St. Thomas Library. Instruction: File 22. Research Data – results of a task force on use of Registered Pesticides on Public and Private Properties. Instruction: File 23. Canada’s Innovation Strategy – info package. Instruction: File th Council Minutes – June 13, 2002 9 24. West Elgin Community Health Centre invitation to attend General Meeting on th June 19, 2002 at 7:30 p.m. Instruction: File * Information enclosed RES. NO. 26 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 nd ? West Elgin Parks & Recreation Committee – May 22, 2002 SUBJECT: BY-LAW NO. 2002-10 – BET-HAR FARMS LTD. (H. MEZENBERG) RES. NO. 27 Moved by Warwick Seconded by Bandeen RESOLVED that the mover be granted leave to introduce a By-Law to amend the Township of Aldborough Zoning Bylaw No. 90-50 to change the zoning of lands in Part of Lot A, Concession XI from Agricultural (A1) Zone to the Special Agricultural (A2) Zone, and that this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 28 Moved by Bandeen Seconded by Warwick RESOLVED that a bylaw to amend the Township of Aldborough Zoning Bylaw No. 90-50 to change the zoning of a lands in Part of Lot A, Concession XI from the Agricultural (A1) Zone to the Special Agricultural (A2) Zone, and to the “site-specific” Agricultural (A1-34) zone and shall now be read a third time and finally passed, signed, sealed and numbered – By-Law No. 2002-10 – Rezoning – H. Mezenberg. DISPOSITION: Carried SUBJECT: BY-LAW NO. 2002-12 – EMPLOYEE REMUNERATION FOR 2002 RES. NO. 29 Moved by Balint Seconded by Warwick RESOLVED that the mover be granted leave to introduce a by-law to set the rates of remuneration for Municipal Officials and employees for the calendar year 2002, and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 30 Moved by Warwick Seconded by Balint RESOLVED that the mover be granted leave to introduce a by-law to set the rates of remuneration for Municipal Officials and employees for the calendar year 2002, and this shall be now read a third time and finally passed, signed, sealed and numbered By-Law No. 2002-12 – Remuneration By-Law. DISPOSITION: Carried th Council Minutes – June 13, 2002 10 SUBJECT: BY-LAW NO. 2002-14 COUNCIL REMUNERATION TAX REBATE The Clerk explained to council that the following by-law must be passed before January st 1, 2003, due to the many changes taking place with regard to the New Municipal Act. This will allow for the 1/3 tax free allowance for councillors income tax. RES. NO. 31 Moved by Bandeen Seconded by Balint RESOLVED that the mover be granted leave to introduce a By-Law to provide that the one-third remuneration paid to elected officials of the municipality shall continue to apply as a tax free benefit to elected members of council and its local boards according to the provisions of the st Municipal Act Subsection 255 (1) and shall apply after January 1, 2003 and this bylaw shall hereby be given the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 32 Moved by Balint Seconded by Bandeen RESOLVED that a Bylaw to authorize the provision that the one-third remuneration paid to elected officials of the municipality shall continue to apply as a tax free benefit to elected members of council and its local boards according to the provisions of the Municipal Act Subsection 255 (1) st and shall apply after January 1, 2003and this bylaw shall hereby be read a third time and finally passed, signed, sealed and numbered. By-Law Number 2002-14 – Council Remuneration. DISPOSITION: Carried SUBJECT: POSSIBLE SCHOOL CLOSURES The Municipality of Dutton/Dunwich requested support of a resolution regarding the possible closure of the West Elgin Secondary School. RES. NO. 33 Moved by Balint Seconded by Warwick RESOLVED that Council of the Municipality of West Elgin is in unanimous support of the resolution put forth be the Municipality of Dutton/Dunwich to request that the Minister of Education and the Thames Valley School Board rethink their proposal to target the West Elgin Secondary School for possible closure due to budget reductions. DISPOSITION: Carried SUBJECT: JOE’S BUSH Councillor Bandeen reported that the Day of Caring participation work at Joe’s Bush went well. The trails were cleared and are in good walking condition. SUBJECT: TRI-COUNTY NUMBER OF VOTES Discussions took place regarding the number of votes at the tri-county meetings being cut down. Council is in objection to the number of votes for our Municipality being cut down. Further discussions will take place at the next meeting. th Council Minutes – June 13, 2002 11 SUBJECT: TAX SALE REPORT RES. NO. 34 Moved by Bandeen Seconded by Balint RESOLVED that COUNCIL OF THE Municipality of West Elgin directs the Treasurer to proceed to register the Tax Sale property at 120 Powell Street in Rodney as a property of the Municipality of West Elgin. DISPOSITION: Carried SUBJECT: REMOVAL OF THE “H” ZONE HOLDING SYMBOL – L. BEGIN RES. NO. 35 Moved by Bandeen Seconded by Balint RESOLVED that the Municipality of West Elgin agrees to remove the “H” symbol from Lot 60, Block “J”, Plan 135 and in accordance with the Zoning Bylaw No. 89-10 for the Village of Rodney. DISPOSITION: Carried SUBJECT: PATTERSON CEMETERY RES. NO. 36 Moved by Bandeen Seconded by Warwick RESOLVED that Council agrees to pay the cost for gates/fencing up to a total of $1,000.00 to Bill Paterson to surround the Patterson Cemetery with a fence and gate. DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 37 Moved by Warwick Seconded by Bandeen RESOLVED that this Regular Session of Council adjourn at 5:20 p.m. to th meet again on July 11, 2002. DISPOSITION: Carried th These minutes were adopted on the 11, day of July, 2002. ___________________________ ____________________________ Mayor Clerk th Council Minutes – June 13, 2002