April 10, 2003 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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APRIL 10, 2003
MEMBERS PRESENT: Mayor Duncan McPhail, Deputy Mayor Graham Warwick
Councillors Trudy Balint, Brad Bandeen, Michael Mooser
STAFF PRESENT: Joanne Groch Administrator/Treasurer
Norma Bryant Clerk
Rick Jackson Roads Superintendent
Jeff Slater Recreation Superintendent
Lloyd Jarvis Water Superintendent
Bill Douglas By-law Enforcement Officer
John Ungar Drainage Superintendent
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.
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March 13, 2003 Council
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March 20, 2003 Special Session
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March 27, 2003 Council
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March 27, 2003 Committee of Adjustment
(McQuade/Ryerse)
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March 27, 2003 Committee of Adjustment (McFadden)
DISPOSITION
: Carried
SUBJECT: RECREATION REPORT
The Recreation Superintendent presented his regular monthly report. Council agreed
that quotes should be obtained for an alarm system for the building on Chestnut Street.
SUBJECT: BUILDING REPORT
The Chief Building Official was not in attendance. Council reviewed his report for the
month of March. In March one permit was issued totalling $140,000.00 worth of
construction.
SUBJECT: ROAD REPORT
The Road Superintendent presented his monthly report. Councillor Mooser reported
that Gilbert Street has been damaged and requested the Road Superintendent
investigate the cause. The Road Superintendent advised that discussion has taken
place regarding the reconstruction of Clancan Road to the river, agreements for
maintenance may be brought forward at a later date.
April 10, 2003…Pg 2 of 11
SUBJECT: CRUSHED GRAVEL TENDER
The following gravel tender quotes were received by Council:
1. Clarence Carter & Sons Ltd. - $ 222,000.00 plus taxes
2. Blane Trucking - $ 223,500.00 plus taxes
3. McKenzie Henderson - $ 207,900.00 plus taxes
4. Johnston Brothers (Bothwell) Ltd. - $ 200,700.00 plus taxes
RES. NO. 2 Moved by Bandeen
Seconded by Balint
RESOLVED that the Council of the Municipality of West Elgin accepts the
tender from Johnston Brothers (Bothwell) Ltd. in the amount of $6.69 per
ton plus taxes to supply, haul and spread of 30,000 tons of “A” gravel,
subject to inspection.
DISPOSITION: Carried
SUBJECT: CALCIUM TENDERS
The following two tenders were received for Calcium Chloride quotes:
1. Da-Lee Dust Control - $ 34,200.00 plus taxes
2. Pollard Highway Products - $ 31,119.00 plus taxes
RES. NO. 7 Moved by Warwick
Seconded by Mooser
RESOLVED that the Council of the Municipality of West Elgin accepts the
tender quote from Pollard Highway Products in the amount of $270.60 /flake
ton plus GST to provide for the supply and haul of 115 flake tonnes of calcium
chloride, subject to inspection.
DISPOSITION: Carried
SUBJECT: BRINE TENDERS
The following two tenders were received for Brine Tender quotes:
1. Cliff Holland - $ 41,000.00 plus taxes
2. Den Mar Brines Ltd. - $ 40,375.00 plus taxes
RES. No. 4 Moved by Balint
Seconded by Bandeen
RESOLVED that Council of the Municipality of West Elgin accepts the
tender quote from Den Mar Brines Ltd. in the amount of $16.15 per cubic
metre plus GST for the hauling and spreading of 2500 cubic metres of
brine, as set out in the tender specifications.
DISPOSITION: Carried
SUBJECT: TANDEM TRUCK
The following quotes were received for tandem truck:
Carrier Trucks 2004 International - $ 115,424.55 plus taxes
London Mack 2004 Mack - $ 120,000.00 plus taxes
Brant County Ford 2004 Sterling - $ 104,900.00 plus taxes
April 10, 2003…Pg 3 of 11
RES. NO. 5 Moved by Bandeen
Seconded by Balint
RESOLVED that Council of the Municipality of West Elgin accept the
quotation from Brant County Ford in the amount of $104,900.00 plus taxes for
the purchase of a 2004 tandem truck.
DISPOSITION: Carried
SUBJECT: SNOW PLOUGH EQUIPMENT
A quote was received from Viking-Cives for providing and installing equipment for a new
tandem truck.
RES. NO. 6 Moved by Warwick
Seconded by Mooser
RESOLVED that Council of the Municipality of West Elgin accept the
quotation from Viking-Cives in the amount of $63,329.00 plus taxes for the
purchase of snow plough equipment, combination U body, reversible plow
and wing.
DISPOSITION: Carried
SUBJECT: DRAINAGE FOR REVISED LAKEVIEW ESTATES SUBDIVISION
LOT 18, CONCESSION XIV
The Road and Drainage Superintendents reported to Council that they had attended the
lands that is now being proposed to be developed by five severances, all fronting on Gray
Line. Their concern is the erosion caused by water that will drain into the road ditch and
flow towards municipal drains. Extensive work has been done on the Lindemann drain to
date. Staff are suggesting that an engineer design the roadside ditches to ensure that the
proper outlets to the municipal drains and catchbasins be installed, if required. Council
agreed that engineering is necessary, the cost of engineering and any works would be the
responsibility of the developer.
SUBJECT: DIXON’S FEEDS, 217 GRAHAM ROAD
The Deputy Mayor asked the Road and Drainage Superintendent what, if anything, could be
done to alleviate the drainage problem at 217 Graham Road. Staff explained that the
driveway is the responsibility of the property owner. Improvements on the property arethe
responsibility of the owner and staff will review the site plan to determine if everything is in
order on site.
SUBJECT: DRAIN MAINTENANCE
The Drainage Superintendent reported that he had received the following quotes for the
performance of drain maintenance work while Mr. Lilley is unable to perform his duties.
McColl Excavating Timmermans
Backhoe (per hour) $60.00 $70.00
Labour (per hour) $36.00 $45.00
Truck (per hour) $50.00 (single axle) $60.00 (twin axle)
Float move (per hour) $60.00
Excavator (per hour) $90.00
Council directed that McCall Excavating be used and that he work with the Roads
Department for a backhoe for small jobs.
April 10, 2003…Pg 4 of 11
SUBJECT: BONN DRAIN MAINTENANCE
RES. NO. 7 Moved by Bandeen
Seconded by Balint
RESOLVED that Spriet and Associates be appointed to prepare a report
under Section 78 of the Drainage Act on the Bonn Drain as requested by K
& M Howard and that the report be submitted within six months. This
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resolution to be effective on April 14, 2003 if no objections received.
DISPOSITION: Carried
SUBJECT: BY-LAW ENFORCEMENT
The By-law Enforcement Officer presented his monthly report. Council directed that
legal action commence on one outstanding complaint.
SUBJECT: ONTARIO DISABILITIES ACT
Council reviewed a report from the Clerk regarding the preparation of an accessibility plan
as required under the Ontario Disabilities Act and agreed with the process as outlined.
SUBJECT: ONTARIO REALITY CORPORATION – REQUEST FOR WAIVER
LOT 7, CONCESSION VIII
Council reviewed a report from the Clerk regarding a request for a waiver from Ontario
Realty Corporation. Mr. and Mrs. Leys have made application to Hydro One to gain a
permanent access over hydro lands. This would allow this application to proceed.
RES. NO. 8 Moved by Balint
Seconded by Mooser
RESOLVED that Council of the Municipality of West Elgin supports the
application by Christopher and Sandra Leys, under Hydro One application
#656-502, for permission for an easement for an access road over hydro
property (Part Lot 7, Concession 8);
AND FURTHER BE IT RESOLVED that Council authorize the signing of
the waiver requested by Ontario Realty Corporation.
DISPOSITION: Carried
SUBJECT: ACCOUNTS VOUCHER
RES. NO. 9 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
$795,524.00, in settlement of General, Road and Water Accounts
(including cheques #6094 – 6293 plus General/Road/Water payroll, plus
including Arena Voucher cheques #1589 – 1628 of $41,275.83).
DISPOSITION: Carried
SUBJECT: BY-LAW NO. 2003-23 – AGREEMENT: COUNTY OF ELGIN
ENFORCEMENT OF COUNTY PARKING BY-LAW
RES. NO.10 Moved by Bandeen
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 County of Elgin and that this by-law
shall be the first and second reading and provisional adoption thereof.
DISPOSITION: Carried
April 10, 2003…Pg 5 of 11
RES. NO. 9 Moved by Mooser
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 County of
Elgin for the purpose of receiving information and servicing regarding the
municipality’s underground plant and this by-law shall hereby be read a
third time and finally passed, signed, sealed and numbered By-law
Number 2003-23 – Agreement with County of Elgin – enforcement of
County Parking By-law.
SUBJECT: CLOSED SESSION
RES. NO. 12 Moved by Balint
Seconded by Mooser
RESOLVED that Council of the Municipality of West Elgin adjourn to a
closed session to discuss security of the property of the municipality or
local board.
DISPOSITION: Carried
RES. NO. 13 Moved by Bandeen
Seconded by Warwick
RESOLVED that Council of the Municipality of West Elgin do now rise.
DISPOSITION: Carried
SUBJECT: MUZZEL LOADER HUNTING
The Mayor reported that the County of Elgin have supported a resolution regarding the
use of shotguns versus muzzle-loader hunting. The County has objected to the
introduction of shotgun hunting.
RES. NO. 14 Moved by Warwick
Seconded by Balint
RESOLVED that Council of the Municipality of West Elgin supports the
County of Elgin’s position regarding muzzle loader hunting in wildlife
management unit (WMU) #92.
DISPOSITION: Carried
SUBJECT: CONSIDERATION MEETING – FINNEY STREET DRAIN
Also in attendance: John M. Spriet, Engineer from Spriet & Associates
Rick Jackson, Road Superintendent
RES. NO. 15 Moved by Mooser
Seconded by Warwick
RESOLVED that Council consider the Engineer’s Report on the Finney
Street Drain.
DISPOSITION: Carried
The Clerk stated that correspondence was received from Lower Thames Conservation
Authority with no objections.
The Drainage Engineer gave a brief presentation of his report.
RES. NO. 16 Moved by Balint
Seconded by Bandeen
RESOLVED that the Engineer’s Report for the Finney Street Drain, be
accepted and the Clerk is instructed to draw up the necessary by-law.
DISPOSITION: Carried
April 10, 2003…Pg 6 of 11
DELEGATION: HARRY OSSEL – WISMER DRAIN
Mr. Ossel attended Council to dispute a bill received for maintenance on Wismer Drain.
The dispute has arisen on whether a portion of the drain was abandoned or not. Mr.
Ossel understood it was abandoned but staff advised that it was a municipal drain and
therefore the municipality would have any maintenance work completed, so he has
received a bill for $1500.00. After further research, it has been determined that a
portion of the drain has indeed been abandoned and should be treated as a private
drain. Council discussed the responsibility for payment of the work by the municipality.
RES. NO. 17 Moved by Bandeen
Seconded by Balint
RESOLVED that the maintenance cost of $1573.74 on the Wismer Drain
be paid from general funds.
DISPOSITION: Carried
DELEGATION: GARY MERRITT RE: ENCROAHMENT AGREEMENT
178 MAPLE STREET
Mr. Merritt attended Council on behalf of the owners and prospective buyers of a
property located at 178 Maple Street, West Lorne. It has been determined that there is
an encroachment onto municipal road allowance. Mr. Merritt is requesting Council
consideration regarding the municipal solicitor’s request for insurance and a time-limiting
clause being placed in an agreement.
It was noted that the house encroaches 5” and the garage 1’9” onto the road allowance.
Council noted that they haven’t had the opportunity to review the draft agreement. The
Clerk was directed to continue discussion with Mr. Merritt with the aim to bringing an
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agreement back to Council at April 24 meeting.
SUBJECT: CORRESPONDENCE
1.* County of Elgin – request for support of a resolution “School to Work Transition
Program”
RES. NO. 18 Moved by Bandeen
Seconded by Balint
RESOLVED that the Council of the Corporation of the Municipality of West
Elgin supports the “School to Work Transition Program” and encourages
the Parkside Collegiate Institute and other schools within the Thames
Valley District School Board system to pursue this program in the future.
DISPOSITION: Carried
2.* County of Elgin – Agreement for enforcement of parking by-law by Municipality of
West Elgin.
Instruction: See By-law No. 2003-23
3.* City of Woodstock – request for support of a resolution regarding property
taxation issues
Instruction: File
4.* Municipality of Brockton – request for support of a resolution regarding the
Nutrient Management Act
Instruction: File
April 10, 2003…Pg 7 of 11
5.* Township of Smith-Ennismore-Lakefield – request for support of a resolution
regarding the Safe Drinking Water Act and Sustainable Water and Sewage
System Act.
Instruction: File
6.* Heart and Stroke Foundation – notice of province wide charitable raffle.
Instruction: File
7.* City of Brampton – request for support of a resolution regarding “Emerald Ash
Borer”
Instruction: File
8.* Town of Lasalle – request for support of a resolution regarding “Emerald Ash
Borer”
Instruction: File
9.* Nancy and Harley Lashbrook – rental policy of West Lorne Community Complex.
Instruction: Discussion took place and no changes to the rental policy were
recommended at this time. Clerk to respond.
10.* Chamber of Commerce – information requests re: Canada Day and Fish Fry
Instruction: File
11.* Stevenson & Hunt – renewal of employee benefit program
RES. NO. 19 Moved by Warwick
Seconded by Mooser
RESOLVED that Council of the Municipality of West Elgin authorize the
renewal of employee benefits program under Manulife Policy No. 96778
from May 1, 2003 to April 30, 2004, and that the Vision Care benefit be
increased to $200 every 24 months effective May 1, 2003.
DISPOSTION: Carried
12.* Steve Peters M.P.P. – sewage problem at 119 Queen Street
Instruction: Staff respond to Mr. Peters.
13.* Haldimand County – request for support of a resolution concerning municipal
septage strategy
RES. NO. 20 Moved by Bandeen
Seconded by Balint
RESOLVED that Council of the Municipality of West Elgin is in support of a
resolution put forth by the County of Halimand requesting the Ministry of
Environment reconsider the proposed five year phase-out of land
application of untreated septage.
DISPOSTION: Carried
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14.* West Lorne Portuguese Community – festival on May 16 to 18, 2003 at West
Elgin Arena.
RES. NO. 21 Moved by Bandeen
Seconded by Warwick
RESOLVED that Council of the Municipality of West Elgin supports the
request to hold the Portuguese Festival at the West Elgin Arena on May
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16, 17, 18, 2003 subject to compliance with the municipality’s alcohol
policy and that the Festival is recognized as a “Community Festival”.
April 10, 2003…Pg 8 of 11
AND FURTHER BE IT RESOLVED that the municipality will pay the rental
fees of $790.00 plus the chair rental fees of $ 650.00 and the SOCAN fees
of $115.00 for the event.
DISPOSITION: Carried
15.* Bill Nicholson – assumption of private water line
RES. NO. 22 Moved by Balint
Seconded by Bandeen
RESOLVED that the Council of the Municipality of West Elgin directs the
Water Superintendent to investigate the costs and related matters for
assuming the private water line from Graham Road running approximately
eight thousand feet west on Grey Line as requested in a letter dated
March 28, 2003 from Bill Nicholson.
DISPOSITION: Carried
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16. AMO Alert - Budget Speech March 27, 2003, legislature resume April 30
- AMO Supports Kids Voting Canada
- Blue Box Plan posted for 60-day Public Comment
- Province Extends Electricity Price Cap
- AMO to attend Ontario Budget Presentation
- Province Amends Nutrient Management Regulations
- passage of Highway Traffic Act Amendment Act (Emergency
Vehicle Safety) 2002 and regulation regarding local improvement
charges
Best Practices – posting of seven best practices on web site
-
Instruction: File
17. Federation of Canadian Municipalities – municipal-aboriginal cooperation for
economic development
- participate in National Antennal Tower
Policy Review
Instruction: File
18. OMAF Resource Centre Bulletin
Instruction: File
19. Canadian Mental Health Association – request to proclaim Mary 5 to 11 as
Canadian Mental Health Week
Instruction: File
20. Elgin St. Thomas Health Unit – Lifestyle Link, February 2003
Instruction: File
21. Lower Thames Valley Conservation Authority – minutes of February 27, 2003
meeting
Instruction: File
22. Lower Thames Valley Conservation Foundation – request for donation
Instruction: File
23. LCBO – support of blue box recycling
Instruction: File
24.* Lower Thames Valley Conservation Authority – 2002 Annual Report
Instruction: File
April 10, 2003…Pg 9 of 11
25. I Volunteer brochure
Instruction: File
26. Ministry of Attorney General – announcement of Interjurisdictional Support
Orders Act
Instruction: File
27. Ministry of Attorney General – report of Special Investigation Unit (SIU)
Instruction: File
28. Ministry of Environment – New Direction on Nutrient Management
Instruction: File
29. Ministry of Culture – announcement of information session on Ontario Heritage
Act
Instruction: File
30.* Union Gas – newsletter entitled “Municipal News”
Instruction: File
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31. Upper Thames River Conservation Authority – 4 Annual Thames River Clean-up
Instruction: File
32. Gar Knutson, M.P. – Report from Hill
Instruction: File
33. County of Elgin – County Road by-laws 02-20, 03-10
Instruction: File
34. Dillon Consulting – Notice of Completion for Tilbury Wastewater Treatment Plant
Instruction: File
35. Andy Mitchell M.P. – copy of letter to Minister of Finance re Canada-Ontario
Infrastructure Program
Instruction: File
36. Lower Thames Valley Conservation Authority – 2003 Budget
Instruction: File
37. Steve Peters M.P.P. – copy of letter to Minister of Health and Long-Term Care re:
Budget
Instruction: File
38. Elgin County O.P.P. – January-February 2003 Detachment Report and 2003
Business Plan
Instruction: File
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39. Lower Thames Valley Conservation Authority – 14 Annual Longwood Heritage
Weekend
Instruction: File
40. County of Elgin – appointment of Town Crier
Instruction: File
41. Ministry of Transportation – confirmation of funding of $25,000 for bus
Instruction: File
April 10, 2003…Pg 10 of 11
42. London District Catholic School Board – trustee determination and distribution
Instruction: File
43. Hydro One – Municipal Gateway Competition
Instruction: File
44. Elgin Community Futures Development Corporation – invitation to Annual
meeting to be held on April 29, 2003.
Instruction: File
RES. NO. 23 Moved by Bandeen
Seconded by Warwick
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 Arena Board – March 10, 2003
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*West Elgin Parks and Recreation Committee – March 25, 2003
SUBJECT: CLOSED SESSION
RES. NO. 24 Moved by Warwick
Seconded by Mooser
RESOLVED that Council of the Municipality of West Elgin adjourn to a
closed session to discuss a proposed or pending acquisition or disposition
of land.
DISPOSITION: Carried
RES. NO. 25 Moved by Balint
Seconded by Bandeen
RESOLVED that Council of the Municipality of West Elgin do now rise.
DISPOSITION: Carried
SUBJECT: WATER REPORT
The Water Superintendent presented his monthly report. He reported to Council that he
has been researching directional bore method and pipe bursting for construction of the
new Graham Road line as there is a limit to amount of space available for construction.
He will continue to research and report back to Council with cost estimates.
SUBJECT: 2002 BUDGET
RES. NO. 26 Moved by Balint
Seconded by Mooser
RESOLVED that Council amend the 2002 budget as follows:
Recreation Reserve of $465.00 be transferred to Recreation Revenue;
County Equipment / Housing Reserve in the amount of $20,000 be deleted
from the budget as there was a deficit for County Roads in 2002.
DISPOSITION: Carried
April 10, 2003…Pg 11 of 11
SUBJECT: CONFIRMATION BY-LAW
RES. NO. 27 Moved by Warwick
Seconded by Balint
RESOLVED that the mover be granted leave to introduce a By-Law to
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confirm the proceedings of the meeting of Council held on April 10, 2003
and this shall be the first and second reading and provisional adoption
thereof.
DISPOSITION: Carried
RES. NO. 28 Moved by Warwick
Seconded by Balint
RESOLVED that a By-law to confirm the proceedings of the meeting of
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Council held on April 10, 2003 be now read a third time and finally
passed, signed, sealed and numbered By-law Number 2003-25 –
Confirming By-law April 10 2003.
DISPOSITION: Carried
SUBJECT: ADJOURNMENT
RES. NO. 16 Moved by Mooser
Seconded by Warwick
RESOLVED that this Regular Session of Council adjourn at 4:15 p.m. to
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meet again on April 24, 2003.
DISPOSITION: Carried
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These minutes were adopted on the 8 day of May, 2003.
___________________________ ____________________________
Mayor Clerk