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May 09, 2002 Regular Meeting M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS TH MAY 9, 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 Bill Douglas By-Law Enforcement Officer ALSO PRESENT: Mr. Peter Biondi, from Ministry of Agriculture, Food and Rural Affairs was in attendance to observe council and also Mr. Charlie Cronkite. 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 April 11, 2002 Regular Council Meeting ( as amended on Page 3 To change the word “arena” to “marina”) rd April 23, 2002 Court of Revision Meeting th April 25, 2002 Special Meeting DISPOSITION : Carried SUBJECT: BUSINESS ARISING FROM MINUTES The Clerk was requested to follow up on the Duncan McGregor water rebate issue, by requesting the Meter Reading Company reimburse the municipality for some of that cost. Council felt that their employees were part of the problem, since they didn’t report the pool of water laying on the ground which they had to step into to read the meter. SUBJECT: ROAD REPORT Rick Jackson presented his regular monthly report to council and answered questions regarding the grader repairs, and the new sweeper equipment. Rick explained that they haven’t worked out a firm schedule for the sweeper as yet, however over the summer it will get formulated. Rick also stated that he was going to make an on-site visit again to the gravel supplier, before road construction begins, to check on the quality of the “A” gravel. Councillor Warwick asked about the fire at the landfill site and he mentioned that Hoskins Line requires grading immediately. Discussion took place on the various grading styles. It was reported to Rick that there were some catch basin problems on Third Street in Rodney, and some other areas of the town. 2 Superintendent Jackson informed council that there were changes in the legislation for any gravel pit owners. They will now be required to have a licensed excavator on site when doing any work in the pit. He is looking into the courses available to meet this legislation. SUBJECT: TRUCK RODEO TROPHY PRESENTATION Mayor McPhail was very pleased to present the winning trophy to an employee of our st Roads Department, Mr. Blair Schweitzer. Blair won the 1 prize in the annual truck rodeo and Road Superintendent Jackson presented the trophy for the over-all winner of the event. Mr. Schweitzer will now represent Elgin County at the next level event to be held in Fergus later this summer. SUBJECT: RECREATION REPORT Jeff Slater, Recreation Superintendent presented his regular monthly report. He reported that the roof was leaking again, and the necessary repairs would be done shortly. The major topic for discussions was the new storage building. A cover-all type building could be in place for approximately $30,000.00, however this type of building would not be feasible near the parks, due to the potential for vandalism. RES. No. 2 Moved by Bandeen Seconded by Balint RESOLVED that the Municipality of West Elgin will recognize Mr. Charlie Cronkite as a delegation to speak with council. DISPOSITION: Carried Mr. Cronkite thanked council, for allowing him to speak about his concerns that the town of West Lorne was loosing out within the municipality if yet another thing is moved to Rodney. He feels that the recreation storage building should be built on the property near Jessie or Chestnut street in West Lorne. He feels that is the general consensus of the ratepayers in West Lorne, that they wish to keep it there, and the equipment wouldn’t have to be moved so much from location to location. After discussions, it was the consensus of council that Jeff should bring back the original plans for a pole type storage building, at approximately $80,000.00 to be built near the boy scout building in West Lorne. He should also get an up-to date price on it, as well as come prepared to the next meeting, with reasoning regarding the feasibility of locating in West Lorne versus the labour time spent on equipment movement. st Jeff reported that the pool was scheduled to open on June 1, and the vandalism results will be repaired as soon as possible. Neighbour Hood watch will be extra diligent in this area, as well as the police have agreed to give this area extra attention on their patrols. SUBJECT: BY-LAW ENFORCEMENT By-law Enforcement Officer, Bill Douglas spoke with council concerning his activities in the past month. He was reminded that council had requested that he lay an order to remedy on a property that was discussed at last month’s meeting. When asked why this had not been done, he stated that he couldn’t seem to locate him. The Clerk stated that these orders can be sent by registered mail, and do not have to be presented in person to stand up in court. Council directed Mr. Douglas to have the “Order to Remedy” process done by the next council meeting. He was also reminded that follow-up must be done on the properties that are currently in the process. th Council Minutes – Mzy 9, 2002 3 SUBJECT: BUILDING REPORT Chief Building Official, Lorne McLeod was in attendance at council to bring his report for the month of April, which indicated that nine permits had been issued totalling $263,800.00 worth of construction. Total permits issued this year to date is 24 totalling $1,411,950.00 worth of construction. Council asked CBO McLeod what the requirements were for a hog barn application. Lorne stated that if it is an intensive livestock barn, they are required to submit a nutrient management plan before the permit is issued. Questions were asked about the Van Zieglar’s proposed barn. It will require a minor variance application, and council also informed Lorne that there is no cement under the manure pit. If they proceed with an application, this will be addressed at that time. SUBJECT: WATER UTILITY REPORT Lloyd Jarvis updated council on his work activities in the past month. He reported that the streetlight project in West Lorne was proceeding and that they should be installed and working within the next week. He reviewed the request for water to be brought to the Peternell farm, on Silver Clay Line as soon as possible. A public meeting had been th held on April 30, to address the issues to the property owners affected, and they were given the opportunity to decide whether they wished to be a part of this capital project, and connect on to the municipal water line at this time. Lloyd used a diagram to present the various scenario situations, that the property owners and Peternell could take, depending on how many people actually signed up for water. After further discussions, council directed him to proceed with the project. SUBJECT: FOUR COUNTIES HOSPITAL Discussions took place regarding the Governance issues surrounding the Four Counties Hospital Board and also the proposed elimination of the Municipal reps from the Board. At the next Annual General Meeting it is the intent of the Board to make many other changes including the parliamentary procedures that they presently follow and to replace some of the old bylaws with new bylaws. Mayor McPhail proposed that council seek a solicitor’s opinion on some of the proposed changes and to lend credible advise regarding the changes to the procedural bylaw., and also what are rights are. A recorded vote was called for the following resolution: Warwick – Yes, Balint – Yes, Bandeen – No. RES. NO. 3 Moved by Warwick Seconded by Balint RESOLVED that Council of the Municipality of West Elgin gives approval to direct our Solicitor to review the “old” bylaws of the Four Counties Hospital Board and compare the changes to the “new” proposed bylaws before they are passed. DISPOSITION: Carried The Mayor left the meeting at this time. RES. NO. 4 Moved by Bandeen Seconded by Balint RESOLVED that Deputy-Mayor Warwick is hereby appointed to act as Chair for the remainder the council meeting in the absence of Mayor McPhail. DISPOSITION: Carried th Council Minutes – Mzy 9, 2002 4 SUBJECT: HYDRO ONE REPRESENTATIVES Two representatives from Hydro One were in attendance at the request of Council to try to come up with a better solution to the communication problems that were experienced thth by the Municipality of West Elgin and surrounding areas on March 9 & 10, due to the severe winter storm. They gave a presentation on the process and the hardship in communications during that storm because it had affected over 160,000 customers, and they only had one call centre to respond to those customer inquiries. They explained that when a request is called in there is a maximum response time in which the technicians must be on the road responding to the call. They were requested to make use of the two local radio stations that carry the local bus cancellation notices. Council was informed that there is also a web site that carries information that is updated continually during emergency situations. The web site can tell you what type out outage/ magnitude of the outage/ and the expected time that the townships will be affected by the power outage. Hydro One is working on a better way to correct the problem and provide better information and follow up. Council thanked them for coming to the meeting and for being pro active on the communication issue. SUBJECT: SEVERANCE PROPOSAL – BAKKER Mr. & Mrs. John Bakker were in attendance for this portion of the meeting to present a pre severance application, on their property located on Con. 10, Pt. Lots 20 & 21. They wish to sever off the house, barn and greenhouse, under the retirement clause. Council requested that he cut the parcel down in size, and also it was noted that the severed portion straddles the mid point between the two properties owned by Mr. & Mrs. Bakker. It was suggested by council that they should have the two assessment roll numbers merged into one, before they apply for severance at Land Division. If they can get the parcel down to the proper size, council had no objections to the application proceeding to Land Division. SUBJECT: SEVERANCE PROPOSAL – HOLLANDA FARMS Joann Vergeer appeared at council regarding a proposed severance on their farm at Con. 12, Lot 20 & 21. She stated that the buildings are surplus to the corporation’s needs. After review of the application, it was stated that there were some revisions needed before it goes to Land Division. The greenhouse creates a problem, because it is too close to the lot line of the proposed severed portion. Mrs. Vergeer stated that they would be willing to sign an agreement to remove the greenhouse within five years time. Council was agreeable to this, with a $500.00 security fee. Mrs. Vergeer will submit a revised application to the Clerk, before she proceeds to Land Division. SUBJECT: COURT OF REVISION MEETING – GOVERNMENT DRAIN #2 RES. NO. 5 Moved by Bandeen Seconded by Balint RESOLVED that the Court of Revision will consist of the following: Chair: Graham Warwick Members: Trudy Balint, Brad Bandeen DISPOSITION: Carried Council hereby adjourned to the Court of Revision and resumed their regular meeting of council thereafter. th Council Minutes – Mzy 9, 2002 5 SUBJECT: ACCOUNTS RES. NO. 6 Moved by Mooser Seconded by Warwick RESOLVED that the Mayor and Administrator/Treasurer be and they are hereby authorized to sign Payment Voucher #4, amounting to $243,326.51 in settlement of General, Road and Water Accounts, Cheques #2878 – 3064 plus General/Roads/Water/Payroll including Arena Voucher of $3735.80 (#1253 – 1262). DISPOSITION: Carried SUBJECT: CORRESPONDENCE 1. Request from Royal Canadian Legion for sale of tickets for a Provincial Lottery which will sell tickets within the area of this municipality. RES. NO. 7 Moved by Bandeen Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin hereby gies approval to the Royal Canadian Legion Ontario Command to sell their raffle tickets throughout the various Legion groups within our Municipality under the Provincial Lottery Licence No. P020349. DISPOSITION: Carried 2. West Lorne Optimist Club is requesting a donation to the Annual Car Show to be th held at Miller Park on June 30. RES. NO. 8 Moved by Bandeen Seconded by Balint RESOLVED that the Municipality of West Elgin agrees to give a donation to the West Lorne Optimist Club to help sponsor their Annual Car Show to th be held in Miller Part on June 30, 2002 in the amount of $300.00. DISPOSITION: Carried 3. West Lorne Horticultural Society is requesting a grant of $500.00 for the 2002 season, and they are also requesting a certificate or plaque in commemoration of th their achievements in the 75 Anniversary year of the Society. RES. NO. 9 Moved by Balint Seconded by Bandeen RESOLVED that the Municipality of West Elgin agrees to give a donation to the West Lorne Horticultural society in the amount of $500.00. DISPOSITION: Carried. 4. City of Kawartha Lakes are requesting support of a resolution for the implementation of a Made in Ontario Safety Net Program for all Ontario farmers, to bridge the severe financial conditions plaguing farmers. RES. NO. 10 Moved by Bandeen Seconded by Balint RESOLVED that Council of the Municipality of West Elgin is in support of the resolution put forth by the City of Kawartha Lakes to lobby the Provincial and Federal Governments to implement a “Made in Ontario Safety Net Program” to be used as a successful resolution to the severe financial conditions plaguing all Ontario farmers. DISPOSITION: Carried th Council Minutes – Mzy 9, 2002 6 5. Town of Halton Hills is requesting that the Province of Ontario develop uniform smoking regulations for all public places including bars and restaurants to ensure a “level playing field” throughout Ontario. RES. NO. 11 Moved by Bandeen Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin is in support of the resolution put forth by the Town of Halton Hills to request the Province of Ontario develop uniform smoking regulations for all public places including bars and restaurants to ensure a “level playing field” and fair competition throughout Ontario. DISPOSITION: Carried 6. Lakewood Trailer Estates Inc. – request a gift basket donation to help in their fund raising events for the Easter Seal Fund. Instruction: File. 7. Elgin Group Police Services Board Report for February/March 2002 and minutes th from March 12, 2002. Instruction: File 8. Association of Municipalities of Ontario – OMERS Consultation information. Instruction: File 9. Information package from the City of Toronto regarding the Sale of Hydro One with their comments on the implication of the sale. Instruction: File 10. Durham Region – Privatization of Hydro One. Instruction: File 11. Lower Thames Valley Conservation Authority – information that ATV’s are causing damage along many Thames River dykes. Instruction: File ththth 12. Notice that the Portuguese Festival will be held on May 17, 18, & 19 in West Lorne. Instruction: Clerk will send a letter that Council is in support of this Festival. nd 13. West Elgin Chamber of Commerce – minutes from April 2, 2002. Instruction: File 14. AMO – list of Cabinet Ministers and Parliamentary Assistants. Instruction: File 15. TVO – hosting an Ontario Main Street Competition. Instruction: File 16. Federation of Municipalities – Ratification of the Kyoto Protocol. Instruction: File 17. Elgin County Tree Commissioner – Notice to Destroy Weeds & Intent to Cut Trees Notice to go in local papers. Instruction: Copy to be sent to the Kiwanis Club of Rodney. 18. Emergency Measures of Ontario – World Conference on Disaster Management th will be held in Toronto on July 7– 10, 2002/ Instruction: File th Council Minutes – Mzy 9, 2002 7 19. Notice that the Tilbury Water Supply Project - Environmental Study has been completed and will be published in local papers in the coming week. Instruction: File 20. Dutton-Dunwich Parks & Recreation is challenging surrounding recreation departments to become involved by entering a group in their Community Fitness Challenge which runs for five weeks starting on May 22nd. Instruction: File 21. Lower Thames Valley Conservation Authority – newsletter. Instruction: File 22. St. Thomas-Elgin Tourism Association – thank you plaque for renewing our membership for the coming year. Instruction: File * Information enclosed RES. NO. 12 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 Parks & Recreation Committee – April 26, 2002 th ? West Elgin Arena Board Meeting – April 17, 2002 SUBJECT: BY-LAW NO. 2001-69 - TEMPORARY USE BYLAW – GALBRAITH RES. NO. 13 Moved by Bandeen Seconded by Balint RESOLVED that a Temporary Use Bylaw to amend the Aldborough Township Zoning Bylaw No. 90-50 to allow one additional dwelling unit to be permitted on the lands described as Part of Lot 24, Concession IX and that this shall be now read a third time and finally signed, sealed, and numbered – Bylaw No. 2001-69 – Temporary Use Bylaw – Galbraith. DISPOSITION: Carried SUBJECT: LETTNER MUNICIPAL DRAIN RES. NO. 14 Moved by Bandeen Seconded by Balint RESOLVED that Todgam & Case Associates be appointed to prepare a report under Section 4 of the Drainage Act for the Lettner Drain, at the request of the owners for work on Concession 9, Pt. Lots 23 & 24 and that the report be submitted within six months. DISPOSITION: Carried SUBJECT: JOE’S BUSH The Clerk informed council that a news release had gone into the Chronicle to explain the Kiwanis Club tree trimming project planned for Joe’s Bush. th Council Minutes – Mzy 9, 2002 8 SUBJECT: EMPLOYEE BENEFIT PACKAGE Administrator Groch presented the employee benefit package which is up for renewal again. This year there is an 18.9% increase in the cost. Discussions took place, and some changes were proposed. The Administrator was directed to contact Tony Whyte regarding the proposed changes and bring the information back to the next meeting. th SUBJECT: WESS – 50ANNIVERSARY FUNDING RES. NO. 15 Moved by Bandeen Seconded by Balint RESOLVED that Council of the Municipality of West Elgin agrees to bridge th the finances for the West Elgin Secondary School 50 Anniversary in the amount of $2500.00. DISPOSITION: Carried SUBJECT: BY-Law NO. 2002-09 – GOVERNMENT DRAIN #2 RES. NO. 16 Moved by Bandeen Seconded by Balint RESOLVED that the mover be granted leave to introduce a bylaw to authorize the construction of the Government Drain #2, at Con. 3, Pt. Lot B and that this shall constitute the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 17 Moved by Balint Seconded by Bandeen RESOLVED that a bylaw to provide for drainage works in the Municipality of West Elgin in the County of Elgin to be called and known as the Government Drain #2, be now read a third time and finally passed, signed, sealed and numbered – By-Law Number 2002-08 – Government Drain #2. DISPOSITION: Carried SUBJECT: CREDIT FACILITIES RES. NO. 18 Moved by Balint Seconded by Bandeen RESOLVED that the Mayor and Treasurer be and are hereby authorized to sign the confirmation of credit facilities with the Royal Bank of Canada rd dated April 23, 2002. DISPOSITION: Carried SUBJECT: CLOSED SESSION RES. NO. 19 Moved by Bandeen Seconded by Balint RESOLVED that Council of the Municipality of West Elgin adjourn to a closed session for the receiving of advice that is subject to solicitor-client privilege. DISPOSITION: Carried RES. NO. 20 Moved by Balint Seconded by Bandeen RESOLVED that Council of the Municipality of West Elgin do now rise. DISPOSITION: Carried th Council Minutes – Mzy 9, 2002 9 SUBJECT: DOWNHILL DERBY RES. NO. 21 Moved by Balint Seconded by Warwick RESOLVED that the Municipality of West Elgin approves the payment of the cost for the Downhill Derby trophies as a donation. DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 22 Moved by Balint Seconded by Bandeen RESOLVED that this Regular Session of Council adjourn at 4:55 p.m. to th meet again on June 13, 2002. DISPOSITION: Carried th These minutes were adopted on the 13, day of June, 2002. ___________________________ ____________________________ Mayor Clerk th Council Minutes – Mzy 9, 2002