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January 09, 2003 Regular Meeting M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS TH JANUARY 9, 2003 MEMBERS PRESENT: Mayor Duncan McPhail, Deputy Mayor Graham Warwick Councillors: Trudy Balint, Brad Bandeen 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 Bandeen Seconded by Balint RESOLVED that the minutes of the meetings held on the following dates be adopted as printed and circulated. th December 5, 2002 Special Planning Meeting th December 12, 2002 Regular Council th December 19, 2002 Special Council DISPOSITION : Carried SUBJECT: BUSINESS ARISING FROM MINUTES The Deputy Mayor enquired about the County of Elgin Roads Department capital project protocol. It was reported that we would keep the County informed regarding our service construction on county roads. Councillor Bandeen inquired if a report had been received from the County regarding the crosswalk request in West Lorne. Nothing has been received to date. SUBJECT: WATER REPORT The Water Utility Manager presented his regular monthly report. He further reported that Dutton/Dunwich has advised that a new booster will be installed in the spring at the Shell service centre. There will be a meeting with staff and fire departments from Dutton/Dunwich and West Elgin to discuss the events that occurred after the water leak at the Shell service centre. SUBJECT: WATER PETITION – CRINAN LINE It was noted that Council needs the Spriet report on extension of a waterline under highway 401 before preceding any further. January 9, 2003…Pg 2 of 12 RES. NO. 2 Moved by Bandeen Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin accepts the petition from the residents: R. Brady, R. Picz, D. Ayotte, D. Simmons, J. Gjebic, P. Wilson and T. McLarty to request an extension a waterline along Crinan Line running east to Graham Road. DISPOSITION: Carried SUBJECT: ROAD REPORT The Road Superintendent presented his monthly report. He further reported that the lack of EDR signs in Chatham-Kent result in the wrong roads being used and cause problems for West Elgin roads. SUBJECT: RECREATION REPORT The Recreation Superintendent presented his regular monthly report. With regard to the storage concerns at the Rodney Recreation Centre, he was instructed to looking into buying a container to provide extra storage. Discussion arose regarding the maintenance and water of flowers during the summer. Staff were instructed to prepare a RFP to perform these functions, with the view that the cost of contracting out these duties would be known prior to budget deliberations. Council discussed the inspection of playground equipment and directed staff to bring forward a resolution at the next meeting. SUBJECT: STAFFING OF RECREATION DEPARTMENT The Recreation Superintendent presented a report outlining a proposal to hire an additional full-time employee instead of hiring part-time staff for summer maintenance and at arena. Concerns discussed included security, safety of arena, responsibility on young person, time spent on training new staff. Council directed that a letter be forwarded to the Arena Board outlining the proposal. SUBJECT: BUILDING REPORT The Chief Building Official was not in attendance. Council reviewed his report for the month of December. In December six permits were issued totalling $44,000.00 worth of construction. Total permits issued this year to date is 106 totalling $7,669,246.00 worth of construction. A summary of the last ten years for house construction was included in the report. SUBJECT: BY-LAW ENFORCEMENT No report was presented to Council. SUBJECT: DRAIN TENDERS – GEO. JOHNSTON DRAIN The following tenders were received for the Geo. Johnston Drain: Van Bree Drainage & Bulldozing Ltd. $ 11,825.00 plus taxes Darrell Dick $ 12,720.00 plus taxes A.G. Hayter Contracting Ltd. $ 18,600.00 plus taxes Timmermans Drainage and Excavating Inc. $ 10,982.00 plus taxes McKenzie & Henderson Ltd. $ 12,455.00 plus taxes January 9, 2003…Pg 3 of 12 RES. NO. 3 Moved by Bandeen Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin accepts the tender of Timmermans in the amount of $ 10,982.00 plus GST for the Geo. Johnston Drain. DISPOSITION: Carried SUBJECT: 2003 COMMUNITY REINVENSTMENT FUND (CRF) ALLOCATION RES. NO. 4 Moved by Balint Seconded by Warwick RESOLVED that the Council of the Municipality of West Elgin acknowledges their intent to use the CRF Allocations they will receive for the direct benefit of taxpayers; and accepts the 2003 CRF Allocations in accordance with the terms and conditions (Conditions of Community th Reinvestment Fund Allocations) attached to the letter of November 27, 2002 from the Deputy Ministers of Finance and Municipal Affairs and Housing. DISPOSITION: Carried SUBJECT: ACCOUNTS VOUCHER RES. NO. 5 Moved by Bandeen Seconded by Warwick RESOLVED that the Mayor and Administrator/Treasurer be and they are hereby authorized to sign Payment Voucher #1, amounting to $327,481.26, in settlement of General, Road and Water Accounts (including cheques #5478 – 5574 plus General/Road/Water payroll, also including Arena Voucher of $13,017.89, cheques #1484 – 1498). DISPOSITION: Carried DELEGATION: LYNN CHAMPIGNY, BETTIE HAVEN RETIREMENT COMMUNITY Ms. Champigny informed Council that Beattie Haven does not receive any government funding and revenues do not meet expenditures, the Beattie Haven Foundation pays the deficit . Upcoming capital projects include new windows, retrofitting of lights and connection to waterline in Wardsville. Normally, the foundation pays for capital projects, however the contributions to the deficit are depleting the funds available. It was reported that 26% of residents are from West Elgin. RES. NO. 6 Moved by Bandeen Seconded by Balint WHEREAS the Province of Ontario does not recognize Beattie Haven Retirement Community as a long-term care facility and is operating as a charitable non-profit organization; THEREFORE BE IT RESOLVED that Council of the Municipality of West Elgin grants to Beattie Haven $5,000.00 based on the concept of providing assistance to West Elgin residents who are being subsidized by the Foundation; AND FURTHER that Beattie Haven provide data in support of subsidization to West Elgin residents in the facility on a yearly basis. DISPOSITION: Carried. January 9, 2003…Pg 4 of 12 SUBJECT: BY-LAW NO. 2003-01 – EMPLOYEE REMUNERATION RES. NO.7 Moved by Bandeen Seconded by Balint RESOLVED that the mover be granted leave to introduce a By-Law to set the rates of remuneration and expenses for municipal officials and employees for the calendar year 2003 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 8 Moved by Warwick Seconded by Bandeen RESOLVED that a Bylaw to Law to set the rates of remuneration and expenses for municipal officials and employees for the calendar year 2003 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-01 – Employee Remuneration By-law. DISPOSITION: Carried SUBJECT: COUNCIL REMUNERATION Council determined that there would not be any change to Council remuneration for 2003. SUBJECT: CORRESPONDENCE 1.* City of Pickering – request for support of resolution re: Emerald Ash Borer infestation RES. NO. 9 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 City of Pickering regarding Emerald Ash Borer infestation. DISPOSITION: Carried 2.* City of Thorold – request for support of resolution re: Hydro One Networks Instruction: File 3.* Robert and Marianne Hatch – re: Ripley Drain Instruction: File 4.* Tiny Tots Co-operative Nursery School – request to waive fees for use of Rodney Community Centre on February 1, 2003 RES. NO. 10 Moved by Bandeen Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin hereby waives the rental fee for the Tiny Tots Co-operative Nursery School for a fundraising dance on February 1, 2003 at the Rodney Recreation Centre. DISPOSITION: Carried 5. Lower Thames Valley Conservation Authority – appointment of municipal representative See Committee Appointments below January 9, 2003…Pg 5 of 12 th 6.* WESS 50 Anniversary Community – re: loan Instruction: Clerk to advise that we have own process of determining grants and request repayment of loan. 7.* County of Elgin – request for support of resolution re: youth volunteerism RES. NO. 11 Moved by Bandeen Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin hereby endorses the proposed plan of the Elgin County Pioneer Museum to encourage youth volunteerism. DISPOSITION: Carried 8.* Land Division Committee – applications for consent E98/02 and E99/02, Badder RES. NO. 12 Moved by Warwick Seconded by Bandeen RESOLVED that the Council of the Municipality of West Elgin have the following comments regarding Severance Application E98/02 as applied for by Neil and Kathryn Badder. Council approves the severance subject to the following conditions: 1. Subject to rezoning, if applicable 2. Subject to apportionment of Municipal Drainage assessments 3. Subject to drainage outlet & drainage agreement, if required 4. Subject to requirements of the Municipal Road Department regarding access and/or drainage. 5. Subject to connection to the municipal water supply and sanitary sewer systems and payment of connection fees, if applicable 6. Subject to the provision of an easement, for drainage purposes, if deemed applicable. And further that resolution no. 5 passed on November 28, 2002 is hereby rescinded. DISPOSITION: Carried RES. NO. 13 Moved by Bandeen Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin have the following comments regarding Severance Application E99/02 as applied for by Neil and Kathryn Badder. Council approves the severance subject to the following conditions: 1. Subject to rezoning, if applicable 2. Subject to apportionment of Municipal Drainage assessments 3. Subject to drainage outlet & drainage agreement, if required 4. Subject to requirements of the Municipal Road Department regarding access and/or drainage. 5. Subject to connection to the municipal water supply and sanitary sewer systems and payment of connection fees, if applicable 6. Subject to the provision of an easement, for drainage purposes, if deemed applicable. And further that resolution no. 5 passed on November 28, 2002 is hereby rescinded. DISPOSITION: Carried 9.* Land Division Committee – applications for consent E59/02 and E60/02, Santos (William Street) January 9, 2003…Pg 6 of 12 RES. NO. 14 Moved by Balint Seconded by Bandeen RESOLVED that the Council of the Municipality of West Elgin have the following comments regarding Severance Application E59/02 as applied for by Tony Santos Construction Ltd. Council approves the severance subject to the following conditions: 1. Subject to rezoning, if applicable. 2. Subject to apportionment of Municipal Drainage assessments 3. Subject to drainage outlet & drainage agreement, if required 4. Subject to the requirements of the Municipal Road Department regarding access and/or drainage. 5. Subject to the entering into an agreement with the municipality regarding the provision of roads and services. DISPOSITION: Carried RES. NO. 15 Moved by Warwick Seconded by Bandeen RESOLVED that the Council of the Municipality of West Elgin have the following comments regarding Severance Application E60/02 as applied for by Tony Santos Construction Ltd. Council approves the severance subject to the following conditions: 1. Subject to rezoning, if applicable. 2. Subject to apportionment of Municipal Drainage assessments 3. Subject to drainage outlet & drainage agreement, if required 4. Subject to the requirements of the Municipal Road Department regarding access and/or drainage. 5. Subject to the entering into an agreement with the municipality regarding the provision of roads and services. DISPOSITION: Carried 10.* Land Division Committee – applications for consent E113/02, E114/02 and E115/02, Tridon Construction RES. NO. 16 Moved by Bandeen Seconded by Warwick RESOLVED that the Council of the Municipality of West Elgin have the following comments regarding Severance Application E113/02 as applied for by Tridon Construction Ltd. Council approves the severance application subject to the following conditions: 1. Subject to rezoning, if applicable. 2. Subject to apportionment of Municipal Drainage assessments. 3. Subject to drainage outlet and drainage agreement, if required. 4. Subject to requirements of the Municipal Road Department regarding access and/or drainage. 5. That a legal opinion be provided as to the continued status of Lot 1 to 15 inclusive, Registered Plan No. 11M-65 and any actions required by the Municipality identified and implemented. 6. Subject to the closure of the road, if required. 7. Subject to the completion of the transfer of lands owned by the municipality to Tridon Construction Ltd. 8. Subject to the entering into an agreement with the municipality regarding the provision of services and revision of existing subdivision agreement. 9. That an agreement be reached regarding all outstanding costs owing to the municipality. 10. That the owner pay all expenses incurred in completing the above noted conditions. January 9, 2003…Pg 7 of 12 11. Subject to the upgrade of Gray Line from Graham Road to westerly boundary of subject property to tar and chip or alternatively a deposit equal to the construction value be lodged with the municipality. DISPOSITION: Carried RES. NO. 17 Moved by Balint Seconded by Bandeen RESOLVED that the Council of the Municipality of West Elgin have the following comments regarding Severance Application E114/02 as applied for by Tridon Construction Ltd. Council approves the severance application subject to the following conditions: 1. Subject to rezoning, if applicable. 2. Subject to apportionment of Municipal Drainage assessments. 3. Subject to drainage outlet and drainage agreement, if required. 4. Subject to requirements of the Municipal Road Department regarding access and/or drainage. 5. That a legal opinion be provided as to the continued status of Lot 1 to 15 inclusive, Registered Plan No. 11M-65 and any actions required by the Municipality identified and implemented. 6. Subject to the closure of the road, if required. 7. Subject to the completion of the transfer of lands owned by the municipality to Tridon Construction Ltd. 8. Subject to the entering into an agreement with the municipality regarding the provision of services and revision of existing subdivision agreement. 9. That an agreement be reached regarding all outstanding costs owing to the municipality. 10. That the owner pay all expenses incurred in completing the above noted conditions. 11. Subject to the upgrade of Gray Line from Graham Road to westerly boundary of subject property to tar and chip or alternatively a deposit equal to the construction value be lodged with the municipality. DISPOSITION: Carried RES. NO. 18 Moved by Warwick Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin have the following comments regarding Severance Application E115/02 as applied for by Tridon Construction Ltd. Council approves the severance application subject to the following conditions: 1. Subject to rezoning, if applicable. 2. Subject to apportionment of Municipal Drainage assessments. 3. Subject to drainage outlet and drainage agreement, if required. 4. Subject to requirements of the Municipal Road Department regarding access and/or drainage. 5. That a legal opinion be provided as to the continued status of Lot 1 to 15 inclusive, Registered Plan No. 11M-65 and any actions required by the Municipality identified and implemented. 6. Subject to the closure of the road, if required. 7. Subject to the completion of the transfer of lands owned by the municipality to Tridon Construction Ltd. 8. Subject to the entering into an agreement with the municipality regarding the provision of services and revision of existing subdivision agreement. 9. That an agreement be reached regarding all outstanding costs owing to the municipality. January 9, 2003…Pg 8 of 12 10. That the owner pay all expenses incurred in completing the above noted conditions. 11. Subject to the upgrade of Gray Line from Graham Road to westerly boundary of subject property to tar and chip or alternatively a deposit equal to the construction value be lodged with the municipality. DISPOSITION: Carried 11.* Anne Parker – request for adjustment on sewer bill at 254 Finney Street RES. NO. 19 Moved by Warwick Seconded by Bandeen WHEREAS the owner of the property located at 254 Finney Street has requested an adjustment to the December sewage bill. AND WHEREAS the request is being made due to a high increase in water use as an outside hose was left on and water seeping into the ground and not into the sewage system. THEREFORE BE IT RESOLVED THAT since the increase in water did not result in an increase in sewage, the owner be reimbursed $246.00, the difference between normal sewage charge and December billing. DISPOSITION: Carried 12. Cohen Highley – seminar regarding Municipal Act, January 31, 2003 Instruction: Clerk to advise that Deputy Mayor, Councillor Balint, Administrator/Treasurer and Clerk will attend. 13.* 31 Canadian Brigade Group – request to attend information meeting to be held on January 21, 2003 at 7:00 p.m. Instruction: Clerk to advise that Councillor Balint will attend. 14.* Rodney Aldborough Agricultural Society – invitation to Annual Meeting to be held on January 28, 2003. Instruction: Clerk to advise that the Mayor and Deputy Mayor will attend. 15.* Ministry of Public Safety – Framework for Community Emergency Management Programs Instruction: File 16.* WESPAC – request to waive fees for use of Rodney Recreation Complex for walking program RES. NO. 20 Moved by Bandeen Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin hereby waives the rental fee for the WESPAC for a walking program to be held at the Rodney Recreation Centre during January, February and March 2003. DISPOSITION: Carried 17.* Carla Okolisan – winter maintenance of Main Street sidewalk in West Lorne RES. NO. 21 Moved by Bandeen Seconded by Balint RESOLVED that Council authorize staff to clear the sidewalks from snow on Main Street west to Wellington Street. DISPOSITION: Carried 18.* County of Elgin – Entertainment By-law meeting Instruction: Clerk will attend scheduled meeting. January 9, 2003…Pg 9 of 12 19. AMO - Passage of the Safe Water Drinking Water Act (Bill 195) and the Sustainable Water and Sewage Systems Act (Bill 175) - Defeat of Bill 30, Volunteer Firefighters Employment Protection Act - Passage of Bill 213, Justice Statute Law Amendment Act - Call for ROMA Nominations and Elections - Summary of Bills passed in legislature this fall Instruction: File 20. Conservation Ontario – media release: support of amendment to Bill 175 to include costs of source protection Instruction: File 21. Canadian Institute of Treated Wood – document entitled: Facts about Pressure Treated Wood Instruction: File 22. Federation of Canadian Municipalities - Call for Resolutions for consideration by FCM National Board of Directors, March 2003 - Submission to Federal Finance Committee Instruction: File 23. Dalton McGuinty, MPP – document entitled: Growing Strong Communities Instruction: File 24. Ministry of Municipal Affairs and Housing – Community Rental Housing funding Instruction: File 25.* Industry Canada – Canada Ontario Infrastructure Program Progress Report Instruction: File 26. Minister of Municipal Affairs and Housing – re: Southwestern Regional Conference participation Instruction: File 27. Ontario Good Roads Association – Report of Nominating Committee Instruction: File 28. St. Thomas-Elgin Tourist Association – Notice of Annual General Meeting to be held on January 28, 2003 at 7:00 p.m. Instruction: File 29. Ontario Smart Growth Western Ontario Zone Update, dated December 2002 Instruction: File 30. Lower Thames Conservation Authority – minutes of November 29, 2002 meeting Instruction: File 31.* Middlesex-Elgin Groundwater Study Steering Committee – minutes of October 30, 2002 meeting Instruction: File RES. NO. 23 Moved by Balint Seconded by Bandeen RESOLVED that the correspondence be dealt with as per the instructions of Council as noted. DISPOSITION: Carried January 9, 2003…Pg 10 of 12 SUBJECT: MINUTES ? *West Elgin Chamber of Commerce – December 3, 2002 SUBJECT: ONTARIO NEW HOME WARRANTY PROGRAM RES. NO. 24 Moved by Bandeen Seconded by Balint RESOLVED that Council of the Municipality of West Elgin requires that all builders of new residential construction complete the revised Ontario New Home Warranty Program Permit Declaration Form and submit with the building permit application to the municipality. DISPOSITION: Carried SUBJECT: NUTRIENT MANAGEMENT ACT, STAGE 2 DRAFT REGULATIONS The Clerk reported that the Chief Building Official had attended a seminar on the Stage 2 draft regulations and information presented at the seminar is on file in the office. SUBJECT: REGISTRATION FOR OGRA CONVENTION It was confirmed that the Mayor, Deputy Mayor, Councillors Balint and Mooser would attend. Staff will include the Administrator/Treasurer, Clerk and Road Superintendent. SUBJECT: COUNCIL COMMITTEE APPOINTMENTS Council reviewed their Committee appointments for 2003 and made the following recommendation: Waste Management Graham Warwick & Duncan McPhail West Elgin Recreation Trudy Balint & Brad Bandeen West Lorne/Rodney Fire Department Mike Mooser & Brad Bandeen West Elgin Community Centre (Arena) Trudy Balint & Duncan McPhail Water Management Mike Mooser & Duncan McPhail Police Committee Graham Warwick & Trudy Balint LTVCA Duncan McPhail Marina Board Duncan McPhail January 9, 2003…Pg 11 of 12 Parent-Child Resource Centre Trudy Balint Chamber of Commerce Graham Warwick & Brad Bandeen SUBJECT: CLOSED SESSION RES. NO. 25 Moved by Bandeen Seconded by Balint RESOLVED that Council of the Municipality of West Elgin adjourn to a closed session to discuss labour relations or employee negotiations. DISPOSITION: Carried RES. NO. 26 Moved by Warwick Seconded by Bandeen RESOLVED that Council of the Municipality of West Elgin do now rise and report. DISPOSITION: Carried SUBJECT: OLD BOYS PARK RES. NO. 27 Moved by Warwick Seconded by Bandeen RESOLVED that the Council of the Municipality of West Elgin approves an honorarium be given to Lloyd Jarvis in the amount of $5,000.00 to compensate for his extra time working at the Old Boys Park over and above his normal duties. DISPOSITION: Carried SUBJECT: LANDFILL TIPPING FEES Councillor Balint reported that she had received a complaint regarding the amount of tipping fee being applied for the disposal of a small area rug. This item would not be considered household garbage and therefore a tipping fee would apply. No change was recommended to the present tipping fees. SUBJECT: CONFIRMATION BY-LAW RES. NO. 28 Moved by Bandeen 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 January 9, 2003 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 29 Moved by Warwick Seconded by Bandeen RESOLVED that a Bylaw to confirm the proceedings of the meeting of th Council held on January 9, 2003 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-02 – Confirming By-law January 9 2003. DISPOSITION: Carried January 9, 2003…Pg 12 of 12 SUBJECT: ADJOURNMENT RES. NO. 32 Moved by Mooser Seconded by Warwick RESOLVED that this Regular Session of Council adjourn at 4:00 p.m. to rd meet again on January 23, 2003. DISPOSITION: Carried th These minutes were adopted on the 13 day of February, 2003. ___________________________ ____________________________ Mayor Clerk