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December 18, 2003 Special Meeting M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN SPECIAL SESSION WEST ELGIN COUNCIL CHAMBERS th DECEMBER 18, 2003 MEMBERS PRESENT: Mayor Graham Warwick, Deputy Mayor Bernie Wiehle Councillors: Trudy Balint, Mary Bodnar, Michael Mooser STAFF PRESENT: Joanne Groch Administrator/Treasurer Norma Bryant Clerk The Mayor opened this Special Session of Council at 9:30 a.m. and explained the purpose of the meeting was deal with issues that require Council attention prior to the next regular meeting. SUBJECT: ACCOUNTS VOUCHER RES. NO. 1 Moved by Mooser Seconded by Wiehle RESOLVED that the Mayor and Administrator/Treasurer be and they are hereby authorized to sign Payment Voucher #12, amounting to $1,764,841.05, in settlement of General, Road, Water and Arena Accounts. (including cheques #8291 – 8660 and 8699 - 8789 plus General/Road/Water payroll. DISPOSITION: Carried SUBJECT: CORRESPONDENCE 1. County of Elgin – appointment of Mrs. Larysa Andrusiak as County Emergency Management Co-ordinator Instruction: File 2. Municipality of Dutton/Dunwich – appointment of Cameron McWilliam to Arena Board Instruction: File RES. NO. 17 Moved by Bodnar Seconded by Balint RESOLVED that the correspondence be dealt with as per the instructions of Council as noted. DISPOSITION: Carried December 18, 2003…Pg 2 of 6 SUBJECT: BY-LAW 2003-103 – APPOINT LIVESTOCK VALUERS, POUNDKEEPERS AND FENCEVIEWERS RES. NO. 3 Moved by Balint Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-Law to prohibit the running at large of livestock, the trespassing of animals and to appoint livestock valuers, poundkeepers and fenceviewers and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 4 Moved by Bodnar Seconded by Wiehle RESOLVED that a By-law to prohibit the running at large of livestock, the trespassing of animals and to appoint livestock valuers, poundkeepers and fence viewers be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-103 – Appoint Livestock Valuers, Poundkeepers and Fenceviewers. DISPOSITION: Carried SUBJECT: BY-LAW 2003-106 – APPOINT AUDITOR RES. NO. 5 Moved by Mooser Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-Law to appoint an auditor for the Municipality of West Elgin and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 6 Moved by Balint Seconded by Wiehle RESOLVED that a By-law to appoint an auditor for the Municipality of West Elgin be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-106 – Appoint Auditor. DISPOSITION: Carried SUBJECT: BY-LAW 2003-107 – BORROWING BY-LAW RES. NO. 7 Moved by Mooser Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-Law to authorize borrowing from time to time to meet current expenditures during the fiscal year ending December 31, 2004 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 8 Moved by Wiehle Seconded by Balint RESOLVED that a By-law to authorize borrowing from time to time to meet current expenditures during the fiscal year ending December 31, 2004 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-107 – Borrowing By-law DISPOSITION: Carried December 18, 2003…Pg 3 of 6 DELEGATION: WENDY DUPUIS, LAKEWOOD TRAILERS The Administrator/Treasurer reported that under Section 33 of the Assessment Act, once the municipality received notice from MPAC of omitted assessments, the municipality shall levy and collect the taxes owing. On October 30, 2003 an amendment was passed requiring the assessment of trailers, beginning in 2003. She has talked with MPAC regarding the sending of notice to the trailer owners and was informed that th information was sent to MPAC’s mailing house on November 12 to be mailed out. MPAC advised that if their staff can’t gain access to the property, they would evaluate from the information they have on file. If an owner wants a breakdown of individual trailers they can ask MPAC in writing. Municipal trailer parks will be assessed back to 2003. Section 365 of the Municipal Act allows a municipality and County to pass a by- law if taxes are considered “unduly burdensome”. She advised to ask for a reconsideration of the assessment. If the assessment is reduced, interest will be refunded on that portion, from December 31, 2003. Mrs. Dupuis noted that the county said they would consider non-collection of taxes after the municipality passes a by-law. She reported that a number of municipalities have reduced or change the due date for 2003 taxes. She submitted a letter from MPAC and letter she had written to MPP Steve Peters. She reported that taxes owing on each trailer would be $300.00 for 2003 and $400.00 for 2004. She is asking Council to waive penalties and taxes for 2003. The Mayor noted that the municipality has not refunded taxes or penalties for increase in assessment. However, the municipality will assist in your fight with MPAC in whatever way we can. Mrs. Dupuis requested Council send a letter to MPP Steve Peters requesting repeal of re-assessment for 2003. DELEGATION: DAN ASIMOVIC, MURPHY & MURPHY ARCHITECTS RE: WEST ELGIN COMMUNITY HEALTH CENTRE SITE PLAN Also in attendance: CBO Lorne McLeod and his assistant Doug Mitton Mr. Asimovic appeared before Council to request three amendments to the site plan: 1. Delete sidewalk along Main Street, Hydro One has placed guide wires in the area where the sidewalk is proposed. WECHC decided to delete the sidewalk as a result. 2. Delete sidewalk from middle exit on front of building, change to exit pad only. This is a fire exit only and should not be used by the public. 3. Change sidewalk along east side of building to gravel as it serves an exit for staff only. He also reported that the sidewalk to the most easterly door at the front of the building would remain. This entrance is used for ambulance purposes. Council does not agree with the deletion of the sidewalk along Main Street. Mr Asimovic will review the matter with Hydro One and determine how a sidewalk can be constructed. Council agreed with the other changes requested. SUBJECT: MILNER RIGSBY REQUEST FOR EXEMPTION FROM SITE PLAN PROCESS The Chief Building Official reported that lighting and drainage matters could be addressed through the building permit. The applicants are proposing to build a storage building. The Mayor asked if all matters could be addressed without the tool of a site plan agreement. The CBO replied yes. December 18, 2003…Pg 4 of 6 RES. NO. 9 Moved by Balint Seconded by Mooser RESOLVED that no site plan application is required for the construction of a 40’ by 64’ building at the Milner Rigsby plant in West Lorne. DISPOSITION: Carried SUBJECT: BUILDING DEPARTMENT MATTERS The Chief Building Official reported that West Elgin Variety is considering an expansion to include gas pumps and a car wash. Secondly, Bethel Park is updating their sewage system and a meeting will be set up with Ministry of Environment, the Health Unit and the municipality in the new year to discuss. SUBJECT: REPRESENTATION ON ELGIN GROUP POLICE SERVICES BOARD The Clerk reported that under the Police Services Act, the term of the council appointed member couldn’t exceed the term of Council. Therefore, Council can appoint for one, two or three years. SUBJECT: INSURANCE FOR VOLUNTEER FIREFIGHERS The Administrator/Treasurer reported that the insurance provided by VFIS, through Bill Blaney Insurance Brokers Ltd., for the firefighters covers all aspects and therefore coverage is not required through Frank Cowan Company. RES. NO. 10 Moved by Mooser Seconded by Bodnar RESOLVED that the insurance coverage for Firefighters Accident be deleted from the 2004 Insurance renewal with Frank Cowan Company. DISPOSITION: Carried SUBJECT: CLOSED SESSION RES. NO. 11 Moved by Mooser Seconded by Wiehle RESOLVED that the Council of the Municipality of West Elgin adjourn to a closed session to discuss labour relations or employee negotiations. DISPOSITION: Carried RES. NO. 12 Moved by Balint Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin do now rise and report. DISPOSITION: Carried SUBJECT: ROAD DEPARTMENT PERSONNEL RES. NO. 13 Moved by Wiehle Seconded by Balint RESOLVED that Paul VanVaerenbergh be appointed as Acting Road Superintendent on a 6-month probationary period and that the necessary by-laws be prepared. DISPOSITION: Carried December 18, 2003…Pg 5 of 6 RES. NO. 14 Moved by Bodnar Seconded by Wiehle RESOLVED that Bruce Boughner be appointed as Acting Foreman on a 6 month probationary period and the necessary by-laws be prepared. DISPOSITION: Carried RES. NO. 15 Moved by Balint Seconded by Wiehle RESOLVED that the position of lead hand be eliminated. DISPOSITION: Carried SUBJECT: AGREEMENT FOR LAKEWOOD ESTATES LOT 18, CONCESSION XIV The Clerk reported that a draft agreement has been prepared. Two points need to be reviewed with Council. The first deals with the sizing of the watermain, Tridon have proposed a 4” line for last 54 metres along Gray Line. Municipal policy requires 6” waterlines with the difference between 4” and 6” to be paid for by the municipality. The amount would be $1,000.00. Council agreed that the municipality should contribute $1,000.00 to the installation of a 6” waterline. This amount will be deleted from the contribution for upgrade of Gray Line. The second issue is the timing of the payment for the upgrade of Gray Line. The Planner had informed the Clerk that Mr. DeJong wished a different payment deadline. However, Mr. DeJong did not request a delegation with Council. Council directed that the contribution be payable upon execution of the agreement. SUBJECT: AGREEMENT WITH PORT GLASGOW YACHT CLUB The Clerk reported that the municipality needs to enter into an agreement with the Yacht Club regarding the comfort station, which is being built on their lands. After discussion Council agreed on the following: ? Yacht Club gives permission to the municipality to build comfort station on Yacht Club property ? Maintenance of the building responsibility of Yacht Club ? Insurance of building responsibility of Yacht Club ? Repayment to commence in 2006 at 6% interest, no interest to be charged for 2004 and 2005. The Mayor will meet with the Yacht Club representatives and report back to council. SUBJECT: CONFIRMATION BY-LAW RES. NO. 16 Moved by Bodnar Seconded by Balint RESOLVED that the mover be granted leave to introduce a By-Law to th confirm the proceedings of the meeting of Council held on December 18, 2003 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried December 18, 2003…Pg 6 of 6 RES. NO. 17 Moved by Wiehle Seconded by Mooser RESOLVED that a By-law to confirm the proceedings of the meeting of th Council held on December 18, 2003 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-108 – Confirming By-law December 18 2003. DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 18 Moved by Mooser Seconded by Wiehle RESOLVED that this Special Meeting of Council adjourn at 3:00 p.m. to th meet again on January 8, 2004. DISPOSITION: Carried th These minutes were adopted on the 8 day of January, 2004. ____________________________ _______________________________ MAYOR CLERK