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February 13, 2003 Regular Meeting M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS TH FEBRUARY 13, 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 Jeff Slater Recreation Superintendent Rick Jackson Roads Superintendent Lloyd Jarvis Water Superintendent 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 January 9, 2003 Council th January 16, 2003 Special Planning Meeting rd January 23, 2003 Council rd January 23, 2003 Committee of Adjustment DISPOSITION : Carried SUBJECT: ROAD REPORT The Road Superintendent presented his monthly report. Council directed that the County be requested to erect “Snow Removal” signs at the entrances to Rodney similar to the ones that are located at the entrances to West Lorne. SUBJECT: PROPOSED GRAVEL PIT EXPANSION Council reviewed correspondence from William Bradshaw outlining the requirement for a Level 2 archaeological study for the property. RES. NO. 2 Moved by Balint Seconded by Mooser RESOLVED that Council approve the completion of a Stage 3 assessment for the proposed gravel pit expansion by Archaeologix Inc. at the cost of $2800.00 plus taxes. DISPOSITION: Carried SUBJECT: EXTENSION OF NO PARKING ZONE, GRAHAM ROAD The Road Superintendent presented a proposal to extend the “No Parking” zones on Graham Road in the vicinity of the high school. February 13, 2003…Pg 2 of 12 RES. NO. 3 Moved by Mooser Seconded by Warwick RESOLVED that Council of the Corporation of the Municipality of West Elgin hereby requests the County of Elgin to extend NO PARKING zone on the east side of Graham Road from the high school by 43 metres (total now being 363.9 metres) and on the west side of Graham Road by 68 metres (total now being 348.0 metres) as shown on the attached sketch, from 8:00 a.m. to 4:00 p.m., Monday to Friday. DISPOSITION: Carried SUBJECT: RECREATION REPORT The Recreation Superintendent presented his regular monthly report. Discussion took place regarding the proposal presented to the Recreation Committee from West Elgin Community Parent Child Resource Centre (PCRC) to manage day camp programs at West Lorne and Rodney as well as supervise the pool. It was noted that this proposal is in addition to the proposed hiring of an additional full-time staff member to replace two part-time staff as discussed at the previous meeting. The Administrator/Treasurer noted that there is overlap with what the office staff do in the proposal submitted by PCRC. She felt that once revised to reflect the actual needs, the cost should be less than $5,000.00 proposed. The PCRC proposal and the additional full-time staff person needs to be addressed in the budget process. Council agreed in principle with the PCRC proposal, as it was an extension to successful program from last year. Staff were directed to meet with PCRC to revise proposal. SUBJECT: PLANT WATER TENDERS The following tenders were received for plant watering: Town & Country Landscaping $ 829.87 plus taxes per week Dave Lilley & Sons $ 5,225.00 plus taxes for 19 weeks After extensive discussion on the amount of tenders, Council determined that neither tender would be accepted and that they would be looking at other alternatives. SUBJECT: WATERLINE EXTENSION ON GRAHAM ROAD Mr. John Spriet, of Spriet Associates and the Water Superintendent were in attendance to discuss cost estimates for the extension of the waterline on Graham Road from Finney Street under Highway 401 to McMurchy Line. Mr. Spriet noted that an extension to Queens Line could be fed from the West Lorne waterline. He reviewed the costing estimate to McMurchy Line, which would total $900,000.00. However, this could be built in stages and estimates were provided for each section. Discussion took place regarding the extension of the waterline from the present location on Finney using the existing easements. Mr. Spriet recommended that Council consider purchasing this land rather than gain access by easements. RES. NO. 4 Moved by Balint Seconded by Mooser RESOLVED that Council direct staff to negotiate for the purchase of Parts 1 and 3 Plan 11R-2114 to facilitate the extension of our waterline to Graham Road from Finney Street. DISPOSITION: Carried February 13, 2003…Pg 3 of 12 Further, it was noted that permission needs to be sought from Tri-County Water Management Board to connect to the waterline on Finney Street where the Elgin Bus Lines is building. SUBJECT: WATER PETITION – QUEENS LINE, WEST OF GRAHAM ROAD A petition from residents on Queens Line, west of Graham Road was presented to Council. It was noted Council now has petitions for waterline east and west of Graham Road on Queens Line. RES. NO. 5 Moved by Bandeen Seconded by Mooser RESOLVED that the Council of the Municipality of West Elgin accepts the petition from the residents: A. Almeida, J. Leunissen, G. Jamieson, W. Durrant, M. Hoglund, J. Matos to request connection to the Municipal Waterline on Queens Line west of Graham Road, and this request will be forwarded to the Utility Manager. DISPOSITION: Carried Council directed the Water Utility Manager to investigate the costs and meet with the interested ratepayers. Mr. Spriet left the meeting. SUBJECT: WATER REPORT The Water Superintendent presented his regular monthly report. He further reported that a quotation had been received from two companies to provide piping required to extend the waterline on Graham Road to McMurchy Line. It was noted that Council is only interested in pursuing a waterline to Queens Line this year. SUBJECT: BY-LAW ENFORCEMENT The By-law Enforcement Officer presented his regular monthly report. Council directed that legal action commence on two outstanding complaints. SUBJECT: BUILDING REPORT The Chief Building Official was not in attendance. Council reviewed his report for the month of January. In January five permits were issued totalling $94,500.00 worth of construction. SUBJECT: MARTIAL ARTS PROGRAM The Recreation Superintendent reported that the Recreation Committee has agreed to rent the Rodney Recreation Centre at a reduced rate for a martial arts program and this requires Council’s approval. RES. NO. 6 Moved by Bandeen Seconded by Balint RESOVLED that Council approve the rate of $12.50 per hour for the martial arts group to rent the Rodney Rec Centre for September to May program. DISPOSITION: Carried February 13, 2003…Pg 4 of 12 SUBJECT: STORAGE CONTAINER AT RODNEY RECREATION CENTRE The Recreation Superintendent reported that a quotation had been received from Stan Adams to provide a 20X8 foot container. This would be painted and located at the rear of the Rodney Recreation Centre. RES. NO. 7 Moved by Bandeen Seconded by Balint RESOVLED that Council authorize the purchase of a 20 feet X 8 feet container from Stan Adams for the price of $2150 plus taxes for use as a storage at the Rodney Recreation Centre. DISPOSITION: Carried SUBJECT: WASHROOM BUILDING FOR MILLER PARK Councillor Bandeen reported that the Optimist Club has approached the Recreation Committee to provide assistance for this project. It was noted that the municipality has received an OSTAR grant for washrooms and this project must be completed this year. Councillor Bandeen noted that a committee has been struck to further explore the options. SUBJECT: AMENDMENT TO PARKING BY-LAW Council reviewed a report submitted by the Clerk outlining the need to amend the “No Parking” by-law to change the minimum fine for designated disabled parking zones. (See By-law 2003-11) SUBECT: AGREEMENT WITH COUNTY OF ELGIN – ADMINISTER PARKING TICKETS Council reviewed a report submitted by the Clerk regarding a proposed agreement with the County of Elgin to administer parking tickets. (See By-law 2003-12) SUBJECT: ACCOUNTS VOUCHER RES. NO.8 Moved by Bandeen Seconded by Warwick RESOLVED that the Mayor and Administrator/Treasurer be and they are hereby authorized to sign Payment Voucher #2, amounting to $608,096.51, in settlement of General, Road and Water Accounts (including cheques #5576 – 5875 plus General/Road/Water payroll, also including Arena Voucher of $12,166.16, cheques #1526 – 1545). DISPOSITION: Carried SUBJECT: BY-LAW NO. 2003-06 – INTEREST ON UNPAID TAXES RES. NO.9 Moved by Warwick Seconded by Mooser RESOLVED that the mover be granted leave to introduce a By-Law to provide for interest or percentage to be applied on unpaid taxes and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried February 13, 2003…Pg 5 of 12 RES. NO. 10 Moved by Mooser Seconded by Warwick RESOLVED that a By-law to provide for interest or percentage to be applied on unpaid taxes be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-06 – Interest on Unpaid Taxes. DISPOSITION: Carried SUBJECT: BY-LAW NO. 2003-07 – INTERIM TAX RATE RES. NO.11 Moved by Mooser Seconded by Bandeen RESOLVED that the mover be granted leave to introduce a By-Law to provide for an interim tax levy for the year 2003 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 12 Moved by Mooser Seconded by Balint RESOLVED that a By-law to provide for an interim tax levy for the year 2003 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-07 – Interim Tax Rate By-law. DISPOSITION: Carried SUBJECT: BY-LAW NO. 2003-08 – LEASE AGREEMENT – WEST LORNE LAWN BOWLERS CLUB RES. NO.13 Moved by Bandeen Seconded by Warwick 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 the West Lorne Lawn Bowlers Club and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 14 Moved by Warwick Seconded by Bandeen RESOLVED that a By-law to authorize the execution of an agreement between the Corporation of the Municipality of West Elgin and the West Lorne Lawn Bowlers Club be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-08 – Lease Agreement – West Lorne Lawn Bowlers Club DISPOSITION: Carried SUBJECT: BY-LAW NO. 2003-09 – AGREEMENT WITH KATHRYN M. BADDER AND NEIL N. BADDER – FINNEY STREET RES. NO.15 Moved by Balint Seconded by Bandeen 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 Kathryn M. Badder and Neil N. Badder and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried February 13, 2003…Pg 6 of 12 RES. NO. 16 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 Kathryn M. Badder and Neil N. Badder be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-09 – Agreement with Kathryn M. Badder and Neil N. Badder – Finney Street DISPOSITION: Carried SUBJECT: BY-LAW NO. 2003-10 – SITE PLAN AGREEMENT – KATHRYN M. BADDER AND NEIL N. BADDER RES. NO.17 Moved by Bandeen Seconded by Balint RESOLVED that the mover be granted leave to introduce a By-Law to approve a site plan with Kathryn M. Badder and Neil N. Badder and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 18 Moved by Balint Seconded by Bandeen RESOLVED that a Bylaw to approve a site plan with Kathryn M. Badder and Neil N. Badder be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-10 – Site Plan Agreement - Kathryn M. Badder and Neil N. Badder DISPOSITION: Carried SUBJECT: BY-LAW NO. 2003-11 – AMEND PARKING BY-LAW 2001-50 RES. NO.19 Moved by Mooser Seconded by Balint RESOLVED that the mover be granted leave to introduce a By-Law to amend By-law 2001-50, a by-law to regulate parking and traffic in conjunction with County of Elgin Parking By-law No. EG1and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 20 Moved by Balint Seconded by Mooser RESOLVED that a By-law to amend By-law 2001-50, a by-law to regulate parking and traffic in conjunction with County of Elgin Parking By-law No. EG1 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-11 – Amend Parking By-law 2001-50. DISPOSITION: Carried SUBJECT: BY-LAW NO. 2003-12 – AGREEMENT WITH COUNTY OF ELGIN - ADMINISTER PARKING TICKETS RES. NO.21 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 the County of Elgin and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried February 13, 2003…Pg 7 of 12 RES. NO. 22 Moved by Balint 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 the County of Elgin be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-12 – Agreement with County of Elgin – administer parking tickets. DISPOSITION: Carried SUBJECT: CORRESPONDENCE 1.* Rail Ways to the Future Committee – request for support of Town of Fort Erie resolution. Instruction: File 2.* Regional Municipality of Niagara – request for support of resolution regarding one-third tax-free provision for council. Instruction: File nd 3.* Elgin-St. Thomas Municipal Association – notice of Annual Meeting, April 2, 2003. Instruction: File 4.* Elgin County Plowmen’s Association – request grant for 2003 County Plowing Match Instruction: To be considered in budget discussions. 5.* West Lorne Figure Skating Club – request grant Instruction: Staff to request financial report 6.* County of Elgin- request support of resolution regarding review of Thames Valley District School Board size and composition RES. NO. 23 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 County of Elgin that requests the Minister of Education to conduct a review of the size and composition of the Thames Valley District School Board. DISPOSITION: Carried 7.* County of Perth/Town of St. Marys – request support of resolution regarding affordable housing RES. NO. 24 Moved by Balint Seconded by Bandeen RESOLVED that Council of the Municipality of West Elgin is in support of a resolution put forth by the County of Perth, City of Stratford and Town of St. Marys that requests the Government of Ontario to immediately assume at least 80% share of the $25,000 per unit subsidize for affordable housing. DISPOSITION: Carried 8.* The Premier of Ontario – acknowledgement of resolution about rural school closures. Instruction: File February 13, 2003…Pg 8 of 12 9.* County of Elgin – request for support of resolution from Township of Southwold regarding Nutrient Management Act. Instruction: File 10.* County of Grey – request for support of resolution regarding Nutrient Management Act. RES. NO. 25 Moved by Warwick Seconded by Balint RESOLVED that Council of the Municipality of West Elgin is in support of a resolution put forth by the County of Grey that opposes the Ministry of Agriculture and Food proceeding with the regulations under Bill 81 until financial analysis is completed and presented to the agriculture community DISPOSITION: Carried 11.* Town of Northeastern Manitoulin and the Islands – request for support of resolution regarding St. Lawrence Seaway RES. NO. 26 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 Town of Northeastern Manitoulin and the Islands that opposes the further deepening of the St. Lawrence Seaway. DISPOSITION: Carried 12. AMO Alert - Reaction to Minister Hodgson’s Resignation - New Water Regulation Released - Draft Blue Box Plan Instruction: File 13. Federation of Canadian Municipalities - Copy of letter to Prime Minister - announcement of new organization named World Organization of United Cities and Local Governments - Federal Court Appeal re: Municipal Rights-of-Way Instruction: File 14.* County Land Division Committee – decisions on Badder (E98/02. E99/02), Santos (E59/02, E60/02), Tridon Construction (E113/02, E114/02, E115/02) Instruction: File 15. 2003 Pitch-In Canada Week – April 21-27, 2003 Instruction: Forward to Mrs. Hilda Morden 16. Waste Diversion Ontario – LCBO Assists with Recycling Costs Instruction: File 17. Ministry of Agriculture and Food – Drainage Act Grants Program RES. NO. 27 Moved by Bandeen Seconded by Balint RESOLVED that Council of the Corporation of the Municipality of West Elgin approves the application for 2003 OMAFRA Drain Maintenance/Superintendent Program Grant Allocation in the amount of $50,000.00 for the Drain Maintenance portion and $77,000.00 for the Superintendent/Maintenance portion. DISPOSITION: Carried February 13, 2003…Pg 9 of 12 18. Thames River Happenings – Newsletter Winter 2002/03 Instruction: File 19. West Elgin Community Parent Child Resource Centre – thank you for support Instruction: File 20. Lower Thames Valley Conservation Authority – media release Moonlight Winter th Owl Hike, February 15, 2003 Instruction: File 21. Elgin Middlesex OMAF Resource Centre Bulletin, January 9 2003 Instruction: File 22. Community of Chatham – Notice of Environmental Study Report Instruction: File 23. Canadian Emergency Preparedness Association – invitation to join Instruction: File 24. Communities In Bloom Instruction: File 25. Lerners LLP- support for Jesse’s Journey Fundraiser April 4, 2003 Instruction: File 26. Kettle Creek Conservation Authority – announcement of Annual Meeting to be held March 5, 2003. Instruction: File 27. Elgin Group Police Services Board – November/December 2002 Report Instruction: File 28.* Rodney Aldborough Agricultural Society – re insurance Instruction: File 29. Alzheimer Society – Public Policy document Instruction: File 30. Friends of Sharon Creek – Newsletter Fall/Winter 2002 Instruction: File 31. Ministry of Environment – Proposed New Drinking Water Regulation Instruction: File 32. County of Prince Edward – Invitation to OSUM convention, April 30 – May 3, 2003 Instruction: File 33. St. Thomas – Elgin Tourist Association – 2002 Year In Review report Instruction: File 34. St. Thomas – Elgin Tourist Association – 2003 Marketing Plan Instruction: File 35. AMO – 2002 Conference Proceedings Instruction: File February 13, 2003…Pg 10 of 12 36.* West Elgin Choral Society – concert with Orchestra London, February 12 Instruction: File 37.* Steve Peters MPP, copy of correspondence to Minister of Agriculture and Food regarding Nutrient Management Act consultation process Instruction: File 38.* Ontario Farm Environmental Coalition (OFEC) – announcement of Information th meeting on February 17, 2003 at 7:00 p.m. Instruction: File 39.* Ministry of Transportation – Driver and Vehicle Licensing Office in West Elgin Instruction: File 40.* County of Elgin – copy of correspondence to Ms. Kirschner re: crosswalk at Main Street and Graham Road, West Lorne Instruction: File RES. NO. 28 Moved by Bandeen Seconded by Balint RESOLVED that the correspondence be dealt with as per the instructions of Council as noted. DISPOSITION: Carried DELEGATION: STAFF SERGENT RYAN COX, WAYNE WARD AND DAVID ROCK ELGIN GROUP POLICE SERVICES BOARD RE: 2002 REPORT AND 2003 BUDGET Staff Sergeant Ryan Cox of the Elgin County OPP presented a summary of Motor Vehicle Collisions and Crime Statistics reports for 2002. He presented a report outlining the reasons for the request for more funding. The enhancement requested for 2003 totals, $171,903, however it would not be in place until July so the actual cost will closer to $95,421. West Elgin’s share of the total budget, including enhancements, if $531, 986, an increase from $500,201 in 2002. Support of the 2003 budget with enhancements was requested of Council. A question was raised whether the OPP would have any objections to other groups using the community policing offices. S/S Cox noted that their computers are password protected. He would require security and clearance checks for persons wishing to use offices. He will investigate further with those interested. RES. NO. 29 Moved by Balint Seconded by Warwick RESOLVED that the Municipality of West Elgin request that the contract with the Ministry of Public Safety and Security (Solicitor General) for Ontario Provincial Police Service for the Elgin Group be amended to reflect the acquisition of ? A vehicle for the detachment commander, ? The addition of two computers for use at the detachment, ? An increase in complement by 3 part time officers, ? One civilian clerical member. DISPOSITION: Carried. Mr. David Rock requested Council support the proposed 2003 budget for the Police Services Board. February 13, 2003…Pg 11of 12 RES. NO. 30 Moved by Bandeen Seconded by Balint RESOLVED that Council of Municipality of West Elgin approve the 2003 Budget for the Elgin Group Police Services Board in the amount of $23,030.00, West Elgin share being $3443.50. DISPOSITION: Carried SUBJECT: MINUTES ? *West Elgin Chamber of Commerce – January 7, 2003 ? *West Elgin Arena Board – January 13, 2003 ? *West Elgin Parks and Recreation Committee – January 28, 2003 ? *Elgin Group Police Services Board – January 28, 2003 SUBJECT: COMMUNITY EMERGENCY MANAGEMENT CO-ORDINATOR The Administrator/Treasurer reported that she had spoken with the Administrator of Dutton/Dunwich about the Chief Building Official, which we share, performing these duties. An increase in wages is proposed for this additional responsibility and a Deputy CBO if needed, at additional costs. Council agrees in principle to this proposal and instructed staff to investigate further. SUBJECT: 2002 COUNCIL REMUNERATION AND EXPENSES Council accepted the report on 2002 Council remuneration and expenses. SUBJECT: RESOLUTION REGARDING RURAL SCHOOL CLOSINGS Council reviewed a summary of responses received regarding the resolution passed on rural school closings. The Clerk was directed to forward this summary to Steve Peters, MPP. and the Association of Municipalities of Ontario, letters of support to be forwarded to Minister of Education. SUBJECT: MEETING WITH FOUR COUNTIES HOSPITAL ADMINISTRATION th A meeting has been scheduled for March 6 at 1:30 p.m. Council will meet with Geoff Davies, Mike Mazza and staff at the Four Counties Hospital. SUBJECT: WEST ELGIN COMMUNITY HEALTH CENTRE Correspondence from MPP Tony Clement, Minister of Health and Long-Term Care indicating approval of the project in the amount of $3,303,863. The Ministry will provide a maximum grant of up to $3,038,222. SUBJECT: CLOSED SESSION RES. NO. 31 Moved by Bandeen Seconded by Balint RESOLVED that Council of the Municipality of West Elgin adjourn to a closed session to discuss personal matters about an identifiable individual. DISPOSITION: Carried RES. NO. 32 Moved by Bandeen Seconded by Balint RESOLVED that Council of the Municipality of West Elgin do now rise and report. DISPOSITION: Carried February 13, 2003…Pg 12 of 12 SUBJECT: EMPLOYEES RES. NO. 33 Moved by Warwick Seconded by Mooser RESOLVED that Council of the Corporation of the Municipality of West Elgin agrees that the probationary period has been completed to the satisfaction of the municipality and that full-time status be granted for the following employees: EMPLOYEE EFFECTIVE DATE Janet Johnston January 25, 2003 Norma Bryant February 8, 2003 Paul VanVaerenbergh February 12, 2003 DISPOSITION: Carried SUBJECT: CONFIRMATION BY-LAW RES. NO. 34 Moved by Mooser Seconded by Warwick RESOLVED that the mover be granted leave to introduce a By-Law to th confirm the proceedings of the meeting of Council held on January 16, th 2003 and on February 13, 2003 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 29 Moved by Warwick Seconded by Mooser RESOLVED that a By-law to confirm the proceedings of the meeting of thth Council held on January 16, 2003 and February 13, 2003 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-13 – Confirming By-law January 16 and February 13 2003. DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 36 Moved by Balint Seconded by Bandeen RESOLVED that this Regular Session of Council adjourn at 5:15 p.m. to th meet again on February 27, 2003. DISPOSITION: Carried th These minutes were adopted on the 13 day of March, 2003. ___________________________ ____________________________ Mayor Clerk