September 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
SEPTEMBER 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
Rick Jackson Roads Superintendent
Jeff Slater Recreation Superintendent
Lloyd Jarvis Water Utility Manager
Bill Douglas By-law Enforcement Officer
SUBJECT: MINUTES
RES. NO. 1 Moved by Bandeen
Seconded by Balint
RESOLVED that the minutes of the meetings held on the following dates
be adopted as printed and circulated.
th
August 8, 2002 Regular Meeting
nd
August 22, 2002 Special Meeting
nd
August 22, 2002 Public Meeting
DISPOSITION
: Carried
SUBJECT: RECREATION REPORT
Jeff Slater, Recreation Superintendent presented his regular monthly report. Discussion
took place regarding the signage for the skateboard parks. Direction was given for staff
to erect the necessary signs. Discussion took place regarding staffing needs in the
department and staff were directed to present a report at the next meeting.
Mr. Slater noted that Tiny Tots Nursery School had requested the rental fees for the use
of the arena be waived.
RES. NO. 2 Moved by Bandeen
Seconded by Balint
RESOLVED that Council pay the Tiny Tots Nursery bill for arena rental for
the Magic Show in the amount of $395.00
DISPOSITION: Carried
Mr. Slater reported that West Elgin Skating Club have put forward their nomination for
Arena Board.
RES. NO. 3 Moved by Balint
Seconded by Bandeen
RESOLVED that Council of the Municipality of West Elgin appoint Dianne
DeLouw to represent the West Elgin Skating Club on the Arena Board.
DISPOSITION: Carried
September 12, 2002…Pg 2 of 11
Discussion arose regarding disposal of the pick-up truck, which the summer staff had
been using. It was decided to keep the truck. Discussion also took place regarding the
watering of the flower baskets in West Lorne and Rodney. No decisions were made at
this time.
SUBJECT: MILLER PARK FENCE
It was reported that quotes are needed for fence, removal of trees and clean up of brush
to install the 6 foot as required by the Fence Viewers award. A quote for the clean up of
the brush was presented. Quotes will be presented for the remaining items at a later
meeting.
RES. NO. 4 Moved by Bandeen
Seconded by Balint
RESOLVED that the quote of Dave Lilley & Son in the amount of $2900.00
plus taxes for cleaning up brush and old fence along southeast edge of
Miller Park as per the Fence Viewers Award dated August 12, 2002 be
accepted.
DISPOSITION: Carried
SUBJECT: BUILDING REPORT
Chief Building Official, Lorne McLeod was not in attendance. Council reviewed his report
for the month of August, which indicated that eleven permits had been issued totalling
$541,000.00 worth of construction. Total permits issued this year to date is 79 totalling
$4,505,546.00 worth of construction.
SUBJECT: ROAD REPORT
Rick Jackson, Road Superintendent presented his regular monthly report to Council.
Discussion was held regarding the signing and designation of crosswalks. Staff were
directed to investigate the legalities and report back to Council.
SUBJECT: SILVER CLAY LINE
Mr. Jackson presented a proposal for the reconstruction of Silver Clay Line with options
for high float or asphalt pavement treatments. In preparation for reconstruction it was
suggested that the drainage be investigated.
RES. NO. 5 Moved by Warwick
Seconded by Mooser
RESOLVED that Spriet Associates be requested to prepare preliminary
engineering plans for Silver Clay Line East of Graham Road (approx.
520m)
DISPOSITON: Carried
SUBJECT: STREET LIGHT MAINTENANCE
The following quotes were received for the maintenance of streetlights:
1. Ron Field & Son Electrical $ 110.00 per hour
2. Waite Bros. Electrical $ 92.00 per hour, travel one way at hourly rate
3. Zeek Electric $ 95.00 per hour, fuel charge for travel
RES. NO. 6 Moved by Mooser
Seconded by Warwick
RESOLVED that the quote of Zeek Electric in the amount of $95 per hour
for 2 men & one truck, 15% mark-up on material for the maintenance of
September 12, 2002…Pg 3 of 11
streetlights in the villages of West Lorne and Rodney be accepted, and
that the contract with Dutton/Dunwich be terminated.
DISPOSITION: Carried
Discussion took place regarding the staffing responsibility for streetlights. Staff were
directed to bring forward a policy and procedure for the duties.
RES. NO. 7 Moved by Mooser
Seconded by Warwick
RESOLVED that the responsibility for street light maintenance be under
the Road Department.
DISPOSITION: Carried
SUBJECT: WATER REPORT
Lloyd Jarvis, Water Utility Manager presented his regular monthly report. Discussion
arose regarding the coin station water dispenser.
RES. NO. 8 Moved by Balint
Seconded by Mooser
RESOLVED that Council authorizes the upgrading of the coin station
water dispenser to accommodate loonies instead of quarters at the cost of
$1500.00.
DISPOSITION: Carried
SUBJECT: BY-LAW ENFORCEMENT
Bill Douglas, By-law Enforcement Officer, presented his regular monthly report.
Discussion regarding problems with unlicensed vehicles being store on properties took
place.
SUBJECT: DEMOLITION OF BARN ON TALBOT STREET
Mr. Douglas reported that one quote had been received for the demolition of a barn on
Talbot Street.
RES. NO. 9 Moved by Bandeen
Seconded by Mooser
RESOLVED that the quote of Dave Lilley & Son Excavating in the amount
of $3000.00 + taxes for demolition and removal of a barn at 25183 Talbot
Line be accepted and that these costs be added to the property taxes.
DISPOSITION: Carried
Council adjourned to hold Courts of Revision for the Geo. Johnston Drain and Main
Street Drain and resumed their regular meeting thereafter.
SUBJECT: DRAIN TENDERS – MAIN STREET DRAIN
The following tenders were received for the Main Street Drain:
1. Van Bree Drainage & Bulldozing Ltd. $ 70,775.50 plus taxes
2. Birnam Excavating Ltd. $ 50,640.44 plus taxes
RES. NO. 10 Moved by Bandeen
Seconded by Balint
RESOLVED that the Council of the Municipality of West Elgin accepts the
tender of Birnam Excavating in the amount of $ 54,185.48 including GST
for the Main Street Drain.
September 12, 2002…Pg 4 of 11
DISPOSITION: Carried
SUBJECT: DRAIN TENDERS – FODOR DRAIN
The following tenders were received for the Fodor Drain:
1. Van Bree Drainage & Bulldozing Ltd. $ 17,136.05 plus taxes
2. Brohn Developments Inc. $ 18,516.43 plus taxes
The Clerk reported that the lowest tender is above the 133% engineer’s estimate for the
construction of this drain. Under the Drainage Act, a meeting shall be called to advise
the property owners involved.
RES. NO. 11 Moved by Bandeen
Seconded by Balint
RESOLVED that pursuant to Section 59 of the Drainage Act, the Council
of the Municipality of West Elgin hereby schedules a meeting with the
affected ratepayers regarding the Fodor Drain tender. This meeting shall
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be held on Thursday, September 26, 2002 at 3:00 p.m.
DISPOSITION: Carried
SUBJECT: CLOSED SESSION
RES. NO. 12 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. 13 Moved by Warwick
Seconded by Mooser
RESOLVED that the Council of the Municipality of West Elgin do now rise
and report.
DISPOSITION: Carried
SUBJECT: GRADER OPERATOR
RES. NO. 14 Moved by Warwick
Seconded by Mooser
RESOLVED that the Blair Schweitzer be appointed as Grader Operator to
be effective as of September 16, 2002 and subject to a six month
probation period.
DISPOSITION: Carried
SUBJECT: ACCOUNTS
RES. NO. 15 Moved by Bandeen
Seconded by Balint
RESOLVED that the Mayor and Administrator/Treasurer be and they are
hereby authorized to sign Payment Voucher #9, amounting to $795,137.07
in settlement of General, Road and Water Accounts. (including cheques
#4104-4470 plus General/Roads/Water/Payroll including Arena Voucher of
$11,452.17 Cheques #1357 – 1371).
DISPOSITION: Carried
September 12, 2002…Pg 5 of 11
SUBJECT: BY-LAW NO. 2002-26 – AGREEMENT WITH HYDRO ONE
RES. NO. 16 Moved by Warwick
Seconded by Balint
RESOLVED that the mover be granted leave to introduce a by-law
to authorize the execution of an Agreement between the Corporation of
the Municipality of West Elgin and Hydro One and that this by-law shall be
the first and second reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 17 Moved by Warwick
Seconded by Balint
RESOLVED that a By-law to authorize the execution of an agreement
between the Corporation of the Municipality of West Elgin and Hydro One
and this by-law shall hereby be read a third time and finally passed,
signed, sealed and numbered. By-law Number 2002-26– Hydro One –
purchase of streetlights.
DISPOSITION: Carried
SUBJECT: INTERIM CONTROL BY-LAW – EXTRACTIVE INDUSTRIAL
RES. NO. 18 Moved by Bandeen
Seconded by Warwick
WHEREAS the Council of the Corporation of the Municipality of West Elgin
is concerned about the establishment of new, and expansions to existing,
livestock operations on lands zoned ‘Extractive Industrial (M3)’ in the
Township of Aldborough Zoning By-law in the absence of controls to
ensure that any conflicts which may arise between such operation and
neighbouring uses are eliminated, or at least minimized;
AND WHEREAS the Council of the Corporation of the Municipality of West
Elgin is considering adoption of an interim control by-law for a period of
one year pursuant to the Planning Act, R.S.O. 1990, as amended;
AND WHEREAS the Council of the Corporation of the Municipality of West
Elgin is reviewing the provisions of the Township of Aldborough Zoning
By-law with respect to livestock operations on lands zoned ‘Extractive
Industrial (M3)’;
NOW THEREFORE the Council of the Corporation of the Municipality of
West Elgin authorizes a review be undertaken to determine the
appropriate course of action in the absence of minimum distance
separation requirements for livestock operations on lands zoned Extractive
Industrial (M3) in the Township of Aldborough Zoning By-law.
DISPOSITION: Carried
SUBJECT: BY-LAW 2002-27 – INTERIM CONTROL AREA BY-LAW – EXTRACTIVE
INDUSTRIAL
RES. NO. 19 Moved by Balint
Seconded by Bandeen
RESOLVED that the mover be granted leave to introduce a by-law,
pursuant to Section 38 of the Planning Act, R.S.O. 1990. as amended, that
no lands shall be used for the establishment of a new, or the enlargement
of an existing, livestock operation on lands zoned Extractive Industrial
(M3) for a period of one year and this shall be the first and second reading
and provisional adoption thereof.
DISPOSITION: Carried
September 12, 2002…Pg 6 of 11
RES. NO. 20 Moved by Mooser
Seconded by Warwick
RESOLVED that a By-law, pursuant to Section 38 of the Planning Act,
R.S.O. 1990, as amended, that no lands shall be used for the
establishment of a new, or the enlargement of an existing, livestock
operation on lands zoned Extractive Industrial (M3) for a period of one
year and this shall hereby read a third time and finally passed, signed,
sealed and numbered – By-law Number 2002-27 – Interim Control Area
By-law – Extractive Industrial.
DISPOSITION: Carried
SUBJECT: BY-LAW 2002-28 – AGREEMENT WITH PREMIUM PORK
RES. NO. 21 Moved by Warwick
Seconded by Mooser
RESOLVED that the mover be granted leave to introduce a by-law
to authorize the execution of an Agreement between the Corporation of
the Municipality of West Elgin and Premium Pork (Maple) Inc. and that this
by-law shall be the first and second reading and provisional adoption
thereof.
DISPOSITION: Carried
RES. NO. 22 Moved by Bandeen
Seconded by Balint
RESOLVED that a By-law to authorize the execution of an agreement
between the Corporation of the Municipality of West Elgin and Premium
Pork (Maple) Inc. and this by-law shall hereby be read a third time and
finally passed, signed, sealed and numbered. By-law Number 2002-28–
Premium Pork – McMurchy Line.
DISPOSITION: Carried
DELEGATION: JOHN MUNN & MIKE MULHERN
John Munn and Mike Mulhern came before Council to discuss the extension of water
line from Graham Road along Queens Line. An inquiry was made regarding the
waterline along Graham Road north of the highway. It was reported that it is anticipated
that a preliminary engineering report would be presented to Council at their meeting on
th
September 26. Council suggested that a petition of those interested in a water line on
Queens Line east of Graham Road be submitted.
SUBJECT: CORRESPONDENCE
1.* Municipality of Leamington – request for support of a resolution regarding
discontinuance of Environmental Compensation Fund
RES. NO. 23 Moved by Bandeen
Seconded by Warwick
RESOLVED that Council of the Municipality of West Elgin is in support of a
resolution put forth by the Municipality of Leamington that requests the
Province of Ontario to re-establish an Environmental Compensation Fund
to be used to reimburse municipalities for the clean up of spills once other
sources of recovery of funds have been exhausted.
DISPOSITION: Carried
September 12, 2002…Pg 7 of 11
2.* Southwest Middlesex – Babcock Nursing Home billing
RES. NO. 24 Moved by Bandeen
Seconded by Mooser
RESOLVED that Council of the Municipality of West Elgin agrees to pay
the deficit of the Babcock Nursing Home use of the Four Counties
Transportation bus service in the following amounts:
1997-2000 $ 8,351.54
2001 4,828.32
TOTAL $13,079.86
DISPOSITION: Carried
3.* West Elgin Seniors’ Project Action Committee – request for funding for Funshop
8 program
RES. NO. 25 Moved by Balint
Seconded by Warwick
RESOLVED that Council of the Municipality of West Elgin agrees to a
donation to West Elgin Seniors’ Project Action Committee in the amount of
$500.00.
DISPOSITION: Carried
4.* Angela Dougherty – ball diamond in West Lorne
Instruction: Recreation Superintendent to meet Angela Dougherty on site to
review concerns.
5.* Ministry of Transportation – driver and vehicle licence issuing office
Instruction: File
6.* Steve Peters MPP – copy of letter to Minister of Transport regarding driver and
vehicle licencing issuing office
Instruction: File
7.* William Bradshaw – requirements for pit expansion
RES. NO. 26 Moved by Bandeen
Seconded by Warwick
RESOLVED that Council authorize the preparation of an archaeology
report on a proposed pit expansion by Archaeologix Inc. at the cost of
$1200.00 plus GST subject to the authorization of the property owner.
DISPOSITION: Carried
8.* Municipality of Hastings Highlands – request for support of a resolution regarding
the re-introduction of the spring bear hunt
Instruction: File
9.* Town of Mono – request for support of a resolution regarding commercial water
taking
Instruction: The Clerk to obtain more information regarding what is considered
“commercial” and how this may affect farmers.
September 12, 2002…Pg 8 of 11
9A.* South Aldborough Neighbourhood Watch – request for waiving of fees
RES. NO. 27 Moved by Bandeen
Seconded by Balint
RESOLVED that Council waive the fees for the South Aldborough
Neighbourhood Watch for use of Rodney Recreation Centre meeting room
on a quarterly basis.
DISPOSITION: Carried
10. Notice of Land Division Committee decision – Bakker
Instruction: File
11. AMO - Victim’s Justice Fund
- funds for improvement of ambulance response times
- new electricity safety inspection regulations
- AMO president announces Three-Point Action Plan
- Annual Conference notes
- appointment to Waste Diversion Organization Board
- letter to Prime Minister regarding fiscal imbalance for municipal
governments
Instruction: File
12. Rural Ontario Municipal Association – support for farmers
Instruction: File
13. Municipality of Central Elgin – letter of appreciation for support and work during
World Youth Day Event in Central Elgin
Instruction: File
14. Ontario Flue-Cured Tobacco Growers’ Marketing Board – announcement
regarding exclusive marketing through Delhi auction exchange
Instruction: File
15. Federation of Canadian Municipalities – Partnership for Quality of Life proposal
Instruction: File
16. City of Brampton – copy of Annual Report
Instruction: File
17. Local Government Conference on Sustainability – Collingwood, October 8-10,
2002
Instruction: File
18. Canadian Council of Independent Laboratories – Drinking Water Symposium,
th
September 24, 2002, Toronto
Instruction: File
19. Ministry of Agriculture and Food – 2002/2003 Municipal Outlet Drainage Program
Instruction: File
20.* County of Elgin – copy of letter from Warden to Attorney General of Ontario
regarding reduction of court time at Provincial Offences Court
Instruction: File
21. Dalton McGuinty, MPP – policy proposal regarding Ontario Municipal Board
Instruction: File
September 12, 2002…Pg 9 of 11
22. Canadian Urban Forest Conference, October 7-9 2002, Markham
Instruction: File
23. Minister of Citizenship and Immigration – Citizenship Week October 14-20
Instruction: File
24.* Ministry of Transportation – compensation for detour traffic from Highway 401
Instruction: File
25. Ministry of Municipal Affairs and Housing – announcement of regulations
regarding user fees and licensing
Instruction: File
26. Ministry of Agriculture and Food – consultation on nutrient management
regulations
Instruction: File
27. St. Thomas-Elgin Public Art Centre – invitation to official opening of travelling
th
exhibition “William St. Thomas Smith”, September 13 7-9 p.m.
Instruction: File
28. Lower Thames Valley Conservation Foundation – media release re: Elliott-Madill
Memorial Forest Dedication Service – Sharon Creek Conservation Are,
th
September 15 at 2:00 p.m.
Instruction: File
29. Lower Thames Valley Conservation Foundation – media release re: Badder &
nd
Robinson Memorial Forest Dedication Service – Mosa Forest, September 22 at
2:00 p.m.
Instruction: File
* Information enclosed
RES. NO. 28 Moved by Mooser
Seconded by Balint
RESOLVED that the correspondence be dealt with as per the instructions
of Council as noted.
DISPOSITION: Carried
SUBJECT: MINUTES
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*West Elgin Chamber of Commerce - July 2
?
*West Elgin Arena Board – August 15
?
*West Elgin Parks and Recreation Committee – August 27
SUBJECT: APPORTIONMENT OF DRAINAGE ASSESSMENT – D. BRUNER
SEVERANCE
RES. NO. 29 Moved by Bandeen
Seconded by Warwick
RESOLVED that the Council approves the agreement on share of
drainage assessment on the Danby Drain, the Liebner Drain, the Lotz
Drain, the Walker Drain and the Wilton Drain No. 2 as requested by D.
Bruner under Section 65 (6) of the Drainage Act.
September 12, 2002…Pg 10 of 11
Original Assessment New Assessment
Concession Gore Lot 13 W ½ Lot 13 (retained) E ½ Lot 13
(severed)
Danby Drain (1989)
14.2 ha. 0 ha. 14.2 ha.
Benefit - $59.00 Benefit - $0 Benefit - $59.00
Liebner Drain (1969)
6.07 ha. 6.07 ha. 0 ha.
Benefit - $50.00 Benefit - $50.00 Benefit - $0
Outlet - $182.00 Outlet – $182.00 Outlet - $0
Lotz Drain (1966)
1.2 ha. 0 ha. 1.2 ha.
Benefit - $100.00 Benefit - $0 Benefit - $100.00
Walker Tap Drain – Open Portion (1999)
Maintenance – 7.32% 5.23% 2.09%
Walker Tap Drain – Closed Portion (1999)
Maintenance – 7.63% 5.46% 2.17%
Walker Tap Drain – Branch B (1999)
Maintenance – 11.60% 8.29% 3.31%
Wilton Drain No 2 (1997)
14.57 ha. 13.36 ha. 1.21 ha.
Benefit - $0 Benefit - $0 Benefit - $0
Outlet – 179.00 Outlet -$164.00 Outlet - $15.00
DISPOSITION: Carried
SUBJECT: STREETLIGHT AT HORSE BARN ENTRANCE – RODNEY
RES. NO. 30 Moved by Warwick
Seconded by Mooser
RESOLVED that Council of the Municipality of West Elgin agrees to the
installation of a streetlight at the horse barn entrance on the parkland in
Rodney.
DISPOSITION: Carried
SUBJECT: PARTICIPATION IN MIDDLESEX/ELGIN GROUND WATER STUDY
RES. NO. 31 Moved by Bandeen
Seconded by Balint
RESOLVED that the Council of the Municipality of West Elgin authorizes
participation in the Middlesex/Elgin groundwater study at the upset cost of
$5,000.00.
DISPOSITION: Defeated
SUBJECT: FINANCIAL SUPPORT – WEST ELGIN COMMUNITY HEALTH CENTRE
RES. NO. 32 Moved by Bandeen
Seconded by Balint
RESOLVED that Council pay the following for the CHC:
Building permit fee
Main St. drain – 3 lots
Water service connection
Sewer service connection
DISPOSITION: Carried.
September 12, 2002…Pg 11 of 11
SUBJECT: RODNEY PARK – CN PROPERTY
RES. NO. 33 Moved by Bandeen
Seconded by Mooser
RESOLVED that Council of the Municipality of West Elgin authorizes the
hiring of Gemini Real Estate Appraisal and Consulting for the purposes of
providing an appraisal of a 400 foot X 130 foot parcel of land located on
the north side of the tracks in Rodney. Costs to be shared on a 50/50
basis with CN.
DISPOSITION: Carried
SUBJECT: REPLACEMENT OF WINDOWS – OLD RODNEY TOWN HALL
BUILDING
RES. NO. 34 Moved by Warwick
Seconded by Mooser
RESOLVED that the quote of Siderite Home Improvement for the
replacement of windows at the old Rodney Town Hall building be accepted
with the upset limit of $12,010.00 and the specific types of window to be
finalized by the Administrator/Treasurer.
DISPOSITION: Carried
SUBJECT: PETITION FOR WATER LINE CONNECTION – GREY LINE
RES. NO. 35 Moved by Bandeen
Seconded by Warwick
RESOLVED that the Council of the Municipality of West Elgin accepts the
petition from the residents: J. Taylor-Blackwell, F. Dolan, W. Penchuck, B.
Absolon, A. Kolar, P. Mistele, M. Quintyn to request connection to the
Municipal Waterline on Grey Line, and this request will be forwarded to the
Utility Manager for a costing estimate and review.
DISPOSITION: Carried
SUBJECT: ADJOURNMENT
RES. NO. 36 Moved by Mooser
Seconded by Warwick
RESOLVED that this Regular Session of Council adjourn at 5:00 p.m. to
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meet again on September 26, 2002.
DISPOSITION: Carried
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These minutes were adopted on the 10 day of October, 2002.
___________________________ ____________________________
Mayor Clerk