November 14, 2002 Regular Meeting
M I N U T E S
OF THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGIN
WEST ELGIN COUNCIL CHAMBERS
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NOVEMBER 14, 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 Balint
Seconded by Bandeen
RESOLVED that the minutes of the meetings held on the following dates
be adopted as printed and circulated.
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October 10, 2002 Regular Meeting
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October 17, 2002 Special Planning Meeting
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October 24, 2002 Special Session
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October 24, 2002 Public Meetings (2)
DISPOSITION
: Carried
SUBJECT: RECREATION REPORT
The Recreation Superintendent presented his regular monthly report. He further
reported that the Christmas decorations for West Lorne have arrived and that the
decorations are light enough for staff to install themselves.
Deputy Mayor Warwick arrived.
SUBJECT: WATER REPORT
The Water Utility Manager presented his regular monthly report.
SUBJECT: POSSIBLE EASEMENT FOR WATER LINE IN WEST LORNE
The Water Utility Manager presented a map showing the location of existing easements
for the properties located on the east side of Graham Road and north of Main Street in
West Lorne. With the construction of the new drain on Main Street, it is being proposed
that an extension of the water line from the south side to the north side of Main Street be
constructed when the road is already under construction. A second issue is the
construction of the new Health Centre. Should we investigate gaining an easement over
the westerly part of their property for an easement? It was reported that their board
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would be discussing this matter at their meeting on November 19. This easement
would provide a future location for the construction of a water line providing access for
the buildings located in this block. The decision of the Health Centre Board is to be
reported to Council at a later date whereby Council will discuss this matter further.
November 14, 2002…Pg 2 of 11
RES. NO. 2 Moved by Mooser
Seconded by Warwick
RESOLVED that Council approve the construction of a 6” waterline across
Main Street in the approximate location of the library on the south side of
the road to the north side of the road.
DISPOSITION: Carried
SUBJECT: TRI COUNTY WATER TREATMENT PLANT IMPROVEMENTS
Councillor Mooser reported that the Tri County Board of Management has agreed that
UV Disinfection is the best alternative for the required improvements to the water
treatment plan. Each municipal council is being asked to support this alternative.
RES. NO. 3 Moved by Mooser
Seconded by Warwick
RESOLVED that Council of the Municipality of West Elgin approves
“Alternative A – UV Disinfection to Serve Total Flow” at an estimated cost
of $435,750.00.
DISPOSITION: Carried
SUBJECT: CONNECTION TO GLENCOE WATERLINE
Council reviewed correspondence received from the Municipality of Southwest
Middlesex regarding hook ups to the Glencoe waterline by West Elgin ratepayers.
Southwest Middlesex is going to undertake a full review of water needs. Due to the
urgency of providing water to our ratepayers in the northeast area and the request for
the extension of the waterline on Queens Line east of Graham Road, Council felt it was
necessary to proceed at this time.
RES. NO. 4 Moved by Mooser
Seconded by Warwick
RESOVLED that Council request Spriet & Associates to prepare a report
on the provision of water to the northeast area of the municipality and the
extension of Queens Line east of Graham Road.
DISPOSITION: Carried
SUBJECT: WATER DEPARTMENT POLICIES & PROCEDURES
The Administrator/Treasurer presented a report outlining Policies and Procedures for
the Water Department. The procedures have been updated as considered necessary;
in particular all references to hydro have been deleted. Council reviewed the draft
document and noted some concerns regarding the provision and billing
arrangements/responsibility for multi-residential buildings. The Treasurer/Administrator
will reword D3 regarding multi-residential residential buildings and bring back. It was
requested that Council review the document and bring back changes at the next
meeting. It is proposed that these procedures will be adopted by by-law at the next
council meeting.
SUBJECT: ROAD REPORT
The Road Superintendent presented his monthly report. Council directed the Clerk to
obtain the necessary approvals for the road closures for the Santa Claus parades from
the County.
November 14, 2002…Pg 3 of 11
SUBJECT: MINIMUM MAINTENANCE STANDARDS
Council reviewed a report regarding the adoption of minimum maintenance standards
for highways. Standards have been prescribed by regulation by the Minister of
Municipal Affairs and it is being recommended that these be adopted by Council. It is
noted that in most cases at the present time our standards are higher than the minimum
prescribed. Discussion also took place regarding the responsibility for the temporary
closing of roads. It was determined that the Road Superintendent will be delegated this
authority. The issue of no winter maintenance on certain roads will be treated as a
temporary road closure. It was reported that traffic counts are required under the
legislation and the Road Superintendent was given direction to have traffic counts on
some, not all, rural roads which will also assist in classifying these roads. It is noted that
class 6 roads do not have a prescribed minimum standard.
SUBJECT: BY-LAW 2002-36 – MINIMUM MAINTENANCE STANDARDS
RES. NO. 5 Moved by Bandeen
Seconded by Balint
RESOLVED that the mover be granted leave to introduce a By-Law to
adopt minimum maintenance standards for municipal highways and this
shall be the first and second reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 6 Moved by Mooser
Seconded by Warwick
RESOLVED that a By-law to adopt minimum maintenance standards for
municipal highways be now read a third time and finally passed, signed,
sealed and numbered. By-law Number 2002-36 – Minimum Maintenance
Standards.
DISPOSITION: Carried
SUBJECT: STREELIGHT MAINTENANCE
Council reviewed a report outlining a procedure for streetlight maintenance. It was
noted that item #9 of the procedure gives the Road Superintendent the authority to
instruct the contractor to make repairs if deemed necessary. Council directed that a by-
law to adopt this procedure be brought forward at the next meeting.
SUBJECT: KALITA DRAIN
Council reviewed a letter from Kalita Farms requesting the municipality agree not to
proceed with the Kalita Drain and share in the cost of the preliminary report.
RES. NO. 7 Moved by Bandeen
Seconded by Balint
RESOLVED that the Council of the Municipality of West Elgin agrees not
to proceed with the Kalita Drain and further agrees to share with Kailta
Farms in the cost of the preparation of the preliminary report, the municipal
share being $1,400.00.
DISPOSITION: Carried
DELEGATION: TALBOT BICENTENNIAL COMMITTEE
Reverend Nick Wells attended Council on behalf of the Talbot Bicentennial Committee
to promote the bicentennial celebrations which are happening all through 2003. The
Committee is not seeking funding at this time as they have received funding from the
County of Elgin, St. Thomas and London. Flags are being made and one will be
November 14, 2002…Pg 4 of 11
presented to each municipality for display during the year. Rev. Wells made note of the
schedule of events. The Mayor noted that the August fish fry at Port Glasgow would be
a good event for West Elgin to participate in the Bicentennial festivities. Rev. Wells will
investigate this as a possibility.
DELEGATI0N: ROXANNE KIRSCHNER
Ms. Kirschner attended Council to discuss safety at the intersection of Graham and
Main in West Lorne. She reported that she has a petition with 500 signatures
supporting this concern. She noted that illegal parking is a problem at this intersection.
The Mayor noted that staff would be requested to investigate what we can do, what is
legal, what are legislative requirements for a crosswalk and then we can decide on a
plan. It was reported that the County will administer the parking by-law and ticketing is
expected to commence soon. The Clerk was instructed to schedule another delegation
for Ms. Kirschner to attend Council when the staff report will be presented.
The Deputy Mayor noted that correspondence has been received from the Chamber of
Commerce regarding this issue. The Chamber supports the enforcement of existing
parking by-laws and proper marking of no parking areas.
SUBJECT: BUILDING REPORT
The Chief Building Official was not in attendance. Council reviewed his report for the
months of September and October. In September five permits were issued totalling
$2,919,000.00 worth of construction and in October nine permits were issued totalling
$48,000.00 worth of construction. Total permits issued this year to date is 95 totalling
$7,468,346.00 worth of construction.
SUBJECT: BY-LAW ENFORCEMENT
The By-law Enforcement Officer was not in attendance. Council requested that he
attend a meeting in the near future so that specific complaints may be discussed with
Council.
SUBJECT: ACCOUNTS
RES. NO. 8 Moved by Bandeen
Seconded by Balint
RESOLVED that the Mayor and Administrator/Treasurer be and they are
hereby authorized to sign Payment Voucher #11, amounting to
$650,490.71 in settlement of General, Road and Water Accounts.
(cheques #4698 - 5018 General/Roads/Water/Payroll plus Arena Voucher
#11of $26,744.15 Cheques #1399 - 1434).
DISPOSITION: Carried
Council adjourned to a Court of Revision for the Freeman Drain and immediately
following for a Court of Revision for the Geo. Johnston Drain. Council resumed their
meeting thereafter.
SUBJECT: BY-LAW 2002-31 – GENERAL MAINTENANCE BY-LAW
RES. NO. 9 Moved by Balint
Seconded by Bandeen
RESOLVED that the mover be granted leave to introduce a By-Law to
provide for the maintenance of municipal drains and this shall be the first
and second reading and provisional adoption thereof.
DISPOSITION: Carried
November 14, 2002…Pg 5 of 11
RES. NO. 10 Moved by Mooser
Seconded by Warwick
RESOLVED that a By-law to provide for maintenance of municipal drains
be now read a third time and finally passed, signed, sealed and numbered.
By-law Number 2002-31 – General Maintenance By-law.
DISPOSITION: Carried
SUBJECT: BY-LAW 2002-34 – FREEMAN DRAIN
RES. NO. 11 Moved by Warwick
Seconded by Mooser
RESOLVED that a by-law to provide for drainage works in the Municipality
of West Elgin in the County of Elgin to be called and known as the
Freeman Drain be now read a third time and finally passed, signed, sealed
and numbered By-law 2002-34 – Freeman Drain.
DISPOSITION: Carried
SUBJECT: BY-LAW 2002-34 – GEO. JOHNSTON DRAIN
RES. NO. 12 Moved by Bandeen
Seconded by Balint
RESOLVED that a by-law to provide for drainage works in the Municipality
of West Elgin in the County of Elgin to be called and known as the Geo.
Johnston Drain be now read a third time and finally passed, signed, sealed
and numbered By-law 2002-35 – Geo. Johnston Drain.
DISPOSITION: Carried
SUBJECT: CORRESPONDENCE
1.* Elgin Bus Service – request for drain connection at Graham Road
RES. NO. 13 Moved by Bandeen
Seconded by Balint
RESOLVED that Council request Spriet Associates to prepare a report
under Section 66 of the Drainage Act to incorporate the lands known as
part of Lot 18, Concession VIII into the Graham Street Drain.
DISPOSITION: Carried
2. Heart and Stroke Foundation of Ontario – notification of province wide charitable
raffle.
Instruction: File
3.* Township of Pickle Lake – request for support of resolution regarding new
regulation standards for fuel oil heating
RES. NO. 14 Moved by Balint
Seconded by Warwick
RESOLVED that Council of the Municipality of West Elgin is in support of a
resolution put forth by the Township of Pickle Lake regarding standards for
fuel oil distributors.
DISPOSITION: Carried
4.* Ontario Provincial Police – request to consider an Entertainment By-law
Instruction: File
November 14, 2002…Pg 6 of 11
5.* West Elgin Community Health Centre – request for waiving of fee
RES. NO. 15 Moved by Mooser
Seconded by Warwick
RESOLVED that Council waives the fee for the rental of the Rodney
Recreation Centre for the West Elgin Community Health Centre use on
October 28, 2002 from 5 to 8 p.m. for their Fourth Annual “Fall Family Fun
Night 2002”.
DISPOSITION: Carried
6.* County of Elgin – request for comments on Capital Projects Communication
Protocol
Instruction: Hold Over
7.* Steve Peters MPP – traffic concerns at corner of Main and Graham Street, West
Lorne
Instruction: The Clerk was requested to inform Laurie Sura of the discussion held
during today’s delegation, with a copy to Steve Peters.
8.* City of Windsor – request for support of resolution regarding Union Gas rate
increases
RES. NO. 16 Moved by Warwick
Seconded by Mooser
RESOLVED that Council of the Municipality of West Elgin is in support of a
resolution put forth by the City of Windsor that requests the Ontario Energy
Board to withdraw the approval granted to Union Gas Limited for a
retroactive rate increase.
DISPOSITION: Carried
9.* Optimist International – request for approval of annual Adult Fun Night – March
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29 2003
RES. NO. 17 Moved by Bandeen
Seconded by Balint
RESOLVED Council support the Optimist Club of West Lorne holding an
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Adult Fun Night on March 29, 2003 at the Royal Canadian Legion in
Rodney.
DISPOSITION: Carried
10.* North Albona Wilberforce Township – request for support of resolution regarding
Nutrient Management Plan implementation.
Instruction: File
11.* County of Elgin – administrative services for parking by-law violations
Instruction: File
12. AMO Communications - Update on Amendments to Municipal Elections Act
- New Flue Control Standard
- OMERS Devolution
- Ontario Regulation 244/02 in relation to
telecommunications
- Introduction to Safe Water Act
- Passage of Bill 30, the Volunteers Firefighters
Employment Protection Act
- Municipalities being blamed for Electricity Woes
- Premier Proposes to Freeze Electricity Rates
Instruction: File
November 14, 2002…Pg 7 of 11
13. Speech from the Throne, September 30, 2002
Instruction: File
14. Ministry of Municipal Affairs and Housing – document entitled Ontario Smart
Growth, A New Vision
Instruction: File
15. Canadian Red Cross – re: Community Emergency Response Volunteers Ontario
program
Instruction: File
16. Ministry of Environment – Fact Sheet on Municipal 3Rs in Ontario 2001
Instruction: File
17. Ontario Junior Citizen of the Year Awards program
Instruction: File
18. Elgin St. Thomas Health Unit – Elgin Food Cost/Poverty Report 2002
Instruction: File
19. Rail Ways to the Future Committee – copy of letter to Honourable David
Collenette, Minister of Transport
Instruction: File
20. Ministry of Transportation – issuance of RFP for Driver and Vehicle Licence
Issuing Office for West Elgin community.
Instruction: File
21. Ontario Flue-Cured Tobacco Growers’ Marketing Board – announcement of Chair
and Vice Chair
Instruction: File
22. Ontario Heritage Foundation – announcement of Young Heritage Leaders
Program 2002
Instruction: File
23. Transport Canada – announcement of Public Information Open Houses regarding
Canada-US-Ontario-Michigan Border Transportation Partnership Planning/Need
and Feasibility Study
Instruction: file
24. Gar Knutson, MP – announcement of Canada-Ontario Infrastructure Program
projects
Instruction: File
25. OGRA – Highlights from Board of Directors’ Meeting, September 26, 2002
Instruction: File
26. Ministry of Environment and Energy – report entitled “Municipal use of Pesticides”
Instruction: File
27. Conservation Ontario – Media Release, Conservation Authorities To Participate
in Government’s Advisory Committee on Source Protection
Instruction: File
28. St. Thomas-Elgin General Hospital – copy of letter to St. Thomas & District
Chamber of Commerce
Instruction: File
November 14, 2002…Pg 8 of 11
29. Ministry of Finance – re: status of Ontario Jobs and Opportunity Bonds, the
Ontario Municipal Economic Infrastructure Financing Authority and Tax Incentive
Zone initiatives.
Instruction: File
30.* Ministry of Agriculture and Food – re: Weed Control Act
Instruction: File
31. Federation of Canadian Municipalities – Members Advisory:
- Appeal of CRTC Municipal Rights-of-Way Ruling
- Federal Response to Softwood Lumber Issue
- FCM Budget well received by House Committee
Instruction: File
32. Lower Thames Conservation Authority – Media Release:
- Take a Flying Leap
- Cove Marina Event Raises $20,500
Instruction: File
33. The Ontario Flue-Cured Tobacco Growers’ Marketing Board – report entitled
“Update – Economic Contribution of the Tobacco Industry in the Tobacco-
Growing Region of Ontario in 2001”
Instruction: File
34. Agricultural Groups Concerned about Resources and the Environment – re:
agricultural pesticide useage
Instruction: File
35. Minister of Energy – re: Ontario Energy Board
Instruction: File
36. * Ministry of Municipal Affairs and Housing – re: regulations passed under the
Municipal Act and Municipal Act 2001
Instruction: File
37. Office of the Premier – News Release re: Lower Hydro Bills
Instruction: File
38.* Announcement of ROMA/OGRA Conference
Instruction: File
39* West Elgin Chamber of Commerce – re: Intersection of Main Street and Graham
Road, West Lorne
Instruction: Clerk to notify Chamber of discussion held during today’s delegation
relating to this subject.
40.* Municipality of Southwest Middlesex – re: Rural Water Extensions on Southwest
Middlesex Trunk Line
Instruction: Clerk to notify results of discussion held earlier in the meeting.
41.* Thames Valley Conservation Authority – re: Groundwater Protection Workshop to
be held on January 22, 2003.
Instruction: Mayor McPhail will attend this workshop on behalf of Council.
* Information enclosed
November 14, 2002…Pg 9 of 11
RES. NO. 18 Moved by Warwick
Seconded by Mooser
RESOLVED that the correspondence be dealt with as per the instructions
of Council as noted.
DISPOSITION: Carried
SUBJECT: MINUTES
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*Elgin Group Police Services Board – September 24, 2002
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*Lower Thames Valley Conservation Authority – August 29, 2002
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*West Elgin Parks and Recreation Committee – October 22, 2002
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* West Elgin Arena Board – October 21, 2002
SUBJECT: WATER DEPARTMENT WRITE-OFFS
RES. NO. 19 Moved by Mooser
Seconded by Warwick
RESOLVED that bad debt amounts be written off from the following water
accounts:
ACCT NO. AMOUNT
999010803 $ 294.87
999189004 $ (254.10)
999203000 $ 37.95
999278005 $ 83.71
999322007 $ 60.49
999369004 $ 23.69
999421002 $ 337.72
999745002 $ 30.75
999006024 $ 222.42
999008104 $ 385.62
999008301 $ 68.19
999017203 $ 38.60
999034207 $ 93.83
999034209 $ 59.07
999035700 $ 314.47
999051302 $ 11.94
999066180 $ 252.21
999066223 $ 99.12
100647002 $ 0.30
TOTAL $2,160.85
DISPOSITION: Carried
SUBJECT: REPORT OF LIVESTOCK VALUER
RES. NO. 20 Moved by Balint
Seconded by Mooser
RESOLVED Council accept the report of Livestock Valuer dated October
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23, 2002 and that compensation in the amount of $300.00 be paid to
Sam Kozarac.
DISPOSITION: Carried
November 14, 2002…Pg 10 of 11
SUBJECT: NOTIFICATION BY-LAW
Council reviewed a report from the Clerk outlining the requirements for notification under
the new Municipal Act. A draft by-law was presented; Council directed that a by-law to
prescribe notice be brought forward at the next meeting.
SUBJECT: AMENDMENTS TO PROCEDURE BY-LAW
Council reviewed a report from the Clerk outlining how the new Municipal Act affects our
procedure by-law and recommended changes. Under the present procedure by-law,
notice of amendments must be given at the previous Council meeting. A draft by-law
was reviewed by Council. Council directed that a procedureal by-law be brought
forward at the next meeting.
SUBJECT: AMENDMENTS TO DISPOSAL OF LAND BY-LAW
Council reviewed a report from the Clerk outlining the changes in the new Munciipal Act
that affects disposal of land. A draft by-law was presented that is essentially
housekeeping. Council directed that a by-law to provide for procedures for the sale of
land be brought forward at the next meeting.
SUBJECT: USER FEE BY-LAW
Council reviewed a report from the Clerk regarding the requirements for user fees under
the new Munciipal Act. There are three categories of user fees, each having its own
notification and expiry requirements. It is prudent to assemble these fees now, as the
municipality is required to have all fees available for public inspection. Changes to the
fees for 9-1-1 signs and inspection services for the fire department are included in the
draft by-law. Council directed that the necessary by-law be prepared and brought
forward at the next meeting.
SUBJECT: PERMANENT CLOSURE OF ROADS
Council reviewed a report from the Clerk regarding a procedure for the permanent
closing of highways. It was noted that the new Municipal Act requires actions be
performed by by-law, therefore it is prudent to adopt procedures by by-law. As
highways are one of the “spheres of jurisdiction” under the new Act, the municipality
may establish its own procedures. The procedure is based in part on previous
requirements and on past experience of the Clerk. Council directed that a by-law to
provide for procedures for closing of certain classes or roads be brought forward at the
next meeting.
SUBJECT: CHRISTMAS OFFICE HOURS
RES. NO. 21 Moved by Bandeen
Seconded by Balint
RESOLVED that Council authorize the closing of the municipal office from
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noon on December 24, 2002 to re-open at 8:30 a.m. on January 2, 2003.
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AND FURTHER BE IT RESOLVED THAT the December 26 Special
Council meeting is hereby cancelled and that a Special Meeting be held on
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December 19, 2002 to commence at 9:30 a.m.
DISPOSITION: Carried
November 14, 2002…Pg 11 of 11
SUBJECT: WEST LORNE FIRE DEPARTMENT
Councillor Mooser presented two specification documents for a rescue vehicle for the
West Lorne Fire Department for Council’s review. Council requested the Clerk to
contact and schedule a delegation for the West Lorne Fire Chief to attend the December
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5 Council meeting.
SUBJECT: CLOSED SESSION
RES. NO. 22 Moved by Mooser
Seconded by Warwick
RESOLVED that the Council of the Municipality of West Elgin adjourn to a
closed session to discuss:
Personal matters about an identifiable individual;
Litigation or potential litigation.
DISPOSITION: Carried
RES. NO. 23 Moved by Balint
Seconded by Warwick
RESOLVED that the Council of the Municipality of West Elgin do now rise.
DISPOSITION: Carried
SUBJECT: ADJOURNMENT
RES. NO. 24 Moved by Bandeen
Seconded by Mooser
RESOLVED that this Regular Session of Council adjourn at 4:30 p.m. to
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meet again on November 28, 2002.
DISPOSITION: Carried
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These minutes were adopted on the 12 day of December, 2002.
___________________________ ____________________________
Mayor Clerk