July 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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JULY 10, 2003
MEMBERS PRESENT: Mayor Duncan McPhail, Deputy Mayor Graham Warwick
Councillors Trudy Balint, Michael Mooser
STAFF PRESENT: Joanne Groch Administrator/Treasurer
Norma Bryant Clerk
Jeff Slater Recreation Superintendent
SUBJECT: MINUTES
RES. NO. 1 Moved by Mooser
Seconded by Warwick
RESOLVED that the minutes of the meetings held on the following dates
be adopted as printed and circulated.
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June 12, 2003 Council
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June 19, 2003 Special Session
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June 19, 2003 Committee of Adjustment (Leys)
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June 26, 2003 Council
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June 26, 2003 Rezoning Public Meeting (Kuranyi)
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June 26, 2003 Committee of Adjustment (Badder)
DISPOSITION: Carried
SUBJECT: ROAD REPORT
The Road Superintendent was not in attendance. Council reviewed the monthly report.
SUBJECT: RECREATION REPORT
The Recreation Superintendent presented his regular monthly report. Councillor Balint,
on behalf of the Canada Day Committee, thanked the recreation staff for their help.
SUBJECT: WEST LORNE LAWN BOWLING CLUB
Councillor Balint reported that the West Lorne Lawn Bowling Club received Trillium
grant for replacement of gutters only. They were hoping for funding for lighting as well.
After discussion it was determined that Councillor Balint and the Recreation
Superintendent, should met with the Lawn Bowling Club to develop a proposal to be
submitted to Council with the aim of soliciting Council support for resubmission to
Trillium Foundation next year.
SUBJECT: RODNEY GRANDSTAND
The Recreation Superintendent reported that drawings have been submitted and that he
was meeting on site that afternoon to determine which approach will be used. The Fire
Chief has authorized the Kiwanis Club to use the concession stand during the 2003 fall
July 10, 2003…Pg 2 of 11
fair. However, if the club adds or intends to add any new equipment or make
renovations to the concession they would have to upgrade to new building codes, with
necessary alterations.
SUBJECT: RODNEY RECREATION CENTRE ROOF
The Recreation Superintendent reported that it has been determined that to move the
air conditioner and heating unit from the roof would be cost prohibitive as it would entail
moving duct work as well and therefore is not considered advisable. Council directed
that specifications be prepared for the replacement of the roof, furnace and air
conditioner unit.
SUBJECT: CANADA DAY
Council thanked Mrs. Ann Smith for all her hard work on the Canada Day celebrations.
SUBJECT: BUILDING REPORT
The Chief Building Official was not in attendance. Council reviewed his report for the
month of April. In June sixteen permits were issued totalling $678,700.00 worth of
construction.
SUBJECT: WATER REPORT
The Water Superintendent was not in attendance. Council reviewed the monthly report.
SUBJECT: BY-LAW ENFORCEMENT
The By-law Enforcement Officer was not in attendance. Council reviewed the monthly
report.
SUBJECT: ACCOUNTS VOUCHER
RES. NO. 2 Moved by Balint
Seconded by Mooser
RESOLVED that the Mayor and Administrator/Treasurer be and they are
hereby authorized to sign Payment Voucher #7, amounting to
$450,035.57, in settlement of General, Road and Water/Arena Accounts
(including cheques #6768-6993 / 7012-7022 plus General/Road/Water
payroll).
DISPOSITION: Carried
SUBJECT: BY-LAW NO. 2003-44 – FEES AND CHARGES – WATER DEPARTMENT
RES. NO. 3 Moved by Mooser
Seconded by Balint
RESOLVED that the mover be granted leave to introduce a By-Law to
establish various fees and tariffs for service provided by the Water
Department of the municipality and this shall be the first and second
reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 4 Moved by Warwick
Seconded by Mooser
RESOLVED that a By-law to establish various fees and tariffs for service
provided by the Water Department of the municipality be now read a third
July 10, 2003…Pg 3 of 11
time and finally passed, signed, sealed and numbered By-law Number
2003-44 – Fees and Charges – Water Department.
DISPOSITION: Carried
SUBJECT: BY-LAW NO. 2003-45 – WATER AND SEWER RATES
RES. NO. 5 Moved by Warwick
Seconded by Mooser
RESOLVED that the mover be granted leave to introduce a By-Law to
establish rates for contribution to the capital costs, consumption of water
and use of sewage system and this shall be the first and second reading
and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 6 Moved by Mooser
Seconded by Warwick
RESOLVED that a By-law to Law to establish rates for contribution to the
capital costs, consumption of water and use of sewage system be now
read a third time and finally passed, signed, sealed and numbered By-law
Number 2003-45 – Water and Sewer Rates By-law.
DISPOSITION: Carried
SUBJECT: BY-LAW NO. 2003-46 – FEES AND CHARGES – RECREATION
DEPARTMENT
RES. NO. 7 Moved by Balint
Seconded by Mooser
RESOLVED that the mover be granted leave to introduce a By-Law to
establish various fees and tariffs for service provided by the Recreation
Department of the municipality and this shall be the first and second
reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 8 Moved by Mooser
Seconded by Balint
RESOLVED that a By-law to establish various fees and tariffs for service
provided by the Recreation Department of the municipality be now read a
third time and finally passed, signed, sealed and numbered By-law
Number 2003-46 – Fees and Charges – Recreation Department.
DISPOSITION: Carried
SUBJECT: BY-LAW NO. 2003-47 – APPOINT DEPUTY CLERK
RES. NO. 9 Moved by Balint
Seconded by Warwick
RESOLVED that the mover be granted leave to introduce a By-Law to
appoint a Deputy clerk for the Municipality of West Elgin and this shall be
the first and second reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 10 Moved by Warwick
Seconded by Mooser
RESOLVED that a By-law to appoint a Deputy clerk for the Municipality of
West Elgin be now read a third time and finally passed, signed, sealed and
numbered By-law Number 2003-47 – Appoint Deputy Clerk.
DISPOSITION: Carried
July 10, 2003…Pg 4 of 11
SUBJECT: BY-LAW NO. 2003-48 – ZONING AMENMENT – J & E KURANYI
PART LOTS 11/12, CONCESSION IX
RES. NO. 11 Moved by Warwick
Seconded by Mooser
RESOLVED that the mover be granted leave to introduce a By-law to
amend Township of Aldborough Zoning By-law No. 90-50, to change the
zoning of lands in Part of Lots 11 and 12, Concession IX, from the
Agricultural (A1) Zone to the Rural Residential Three (RR3) Zone and to
the “site-specific” Agricultural (A1-40) Zone, and that this shall be the first
and second reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 12 Moved by Mooser
Seconded by Warwick
RESOLVED that a by-law to amend The Township of Aldborough Zoning
By-law No. 90-50 to change the zoning of lands in Part of Lots 11 and 12,
Concession IX, from the Agricultural (A1) Zone to the Rural Residential
(RR3) Zone and to the “site-specific” Agricultural (A1-40) Zone and shall
now be read a third time and finally passed, signed, sealed and numbered
– By-law Number 2003-48 –Zone Amendment – J & E Kuranyi
DISPOSITION: Carried
SUBJECT: BY-LAW NO. 2003-49 – FEES AND CHARGES – PORT GLASGOW
TRAILER PARK
RES. NO. 13 Moved by Warwick
Seconded by Balint
RESOLVED that the mover be granted leave to introduce a By-Law to
establish various fees and tariffs for service provided by the Port Glasgow
Trailer Park and this shall be the first and second reading and provisional
adoption thereof.
DISPOSITION: Carried
RES. NO. 14 Moved by Balint
Seconded by Warwick
RESOLVED that a By-law to establish various fees and tariffs for service
provided by the Port Glasgow Trailer Park be now read a third time and
finally passed, signed, sealed and numbered By-law Number 2003-49 –
Fees and Charges – Port Glasgow Trailer Park
DISPOSITION: Carried
SUBJECT: CORRESPONDENCE
1.* Municipality of Central Elgin – request for support of a resolution regarding timing
of federal and provincial elections.
Instruction:
RES. NO. 15 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 Municipality of Central Elgin that requests the
Province and Federal governments to avoid election calls when a
municipal election is being held.
DISPOSITION: Carried
July 10, 2003…Pg 5 of 11
2.* Town of Tecumseh – request for support of a resolution regarding Emergency
Plans Act.
Instruction:
RES. NO. 16 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 Town of Tecumseh that petitions Emergency
Measures Ontario to amend the requirements under the Emergency
Readiness Act, 2002.
DISPOSITION: Carried
3.* County of Elgin – request for support of a resolution regarding consolidation of
the Geriatric Psychiatry Program to a London site (see C40)
Instruction:
RES. NO. 17 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 opposes the consolidation
of the Geriatric Psychiatry Program to the London site
DISPOSITION: Carried
4.* County of Elgin – request for support of a resolution regarding Provincial Tories
proposal for a referendum prior to increasing property taxes.
Instruction:
RES. NO. 18 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 Elgin that request the Ontario
Progressive Conservative Party to withdrawn from its campaign the
initiative which would legislate a referendum should a municipality wish to
increase property tax rates.
DISPOSITION: Carried
5.* West Elgin Community Health Centre – request to waive fee for use of the
Rodney Recreation Centre for “Fall Family Fun Night” to be held on Monday
October 27, 2003 from 5 to 8 p.m.
Instruction:
RES. NO. 19 Moved by Balint
Seconded by Mooser
RESOLVED that Council authorize the waiving of rental fees for the use of
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the Rodney Recreation Centre on October 27, 2003 from 5-8 p.m. for the
West Elgin Community Health Centre’s Fifth Annual “Fall Family Fun
Night”.
DISPOSITION: Carried
6.* Ontario Federation of Anglers & Hunters – request for passage of a resolution
requesting abolition of the firearms registry.
Instruction:
July 10, 2003…Pg 6 of 11
RES. NO. 20 Moved by Balint
Seconded by Mooser
WHEREAS the federal government committed to the taxpayers of Canada
that the National Firearms Registry for long guns under Bill C-68 would
cost no more than $2 million dollars; and
WHEREAS the Auditor General’s Report submitted to Parliament on
December 3, 2002 determined that the minimum cost of the federal
firearms registry for long guns will exceed $1 billion dollars; that a recent
administrative review by a consultant for the Justice Department verified
that the gun registry will cost an additional $541 million before being fully
implemented, and another $1 billion to operate; and that these spending
estimates do not include the cost of associated programs; and
WHEREAS the Canadian Taxpayers Federation has recently announced
that they believe that the firearms registry for long guns will cost the
taxpayers of Canada at least $2 billion; and
WHEREAS the Auditor General of Canada determined that the Justice
Department has consistently failed to provide both the Members of
Parliament and the Auditor General with accurate information regarding
cost overruns of the registry; and
WHEREAS the government has failed to provide any conclusive or
verifiable evidence that the registration of long guns is preventing crime or
keeping guns out of the hands of criminals; and
WHEREAS the money spent on the firearms registry for long guns would
have provided MRI’s for every hospital in Canada, or provided for the
hiring of at least 10,000 police officers; and
WHEREAS municipalities across Canada are in dire need of funding
assistance to assist with the provision of local services including public
transit, the maintenance of local infrastructure such as roads, bridges,
sewers, hospitals, and local law enforcement; and
WHEREAS eight Provinces, three Terrorities, police associations, police
chiefs and police officers across Canada have withdrawn their support of
the firearms registry for long guns: five recent public opinion polls have
demonstrated that a majority of Canadian taxpayers support the abolition
of the firearms registry in favour of spending on other national priorities;
and that six provinces are refusing to prosecute charges associated with
the firearms registry.
THEREFORE BE IT RESOLVED Council of the Corporation of the
Municipality of West Elgin call upon Parliament to retain the licensing
component of Bill C-68; to strengthen the sentencing and penalties
associated with the use of a firearm in the commission of a crime; and
abolish the unworkable national firearms registry for long guns and redirect
the tax dollars being spent on the registry to programs in support of
municipal infrastructure, health care, education and local law enforcement.
DISPOSITION: Carried
7.* County of Bruce – request for support of a resolution regarding the
implementation of a BSE financial support program
Instruction:
RES. NO. 21 Moved by Warwick
Seconded by Mooser
RESOLVED that Council of the Municipality of West Elgin is in support of a
resolution put forth by the County of Bruce requesting the senior levels of
government to implement a BSE financial support program and reinstate
the export of beef.
DISPOSITION: Carried
July 10, 2003…Pg 7 of 11
8.* St. Ilijah Serbian Orthodox Church – notification of picnic to be held on August 3,
2003 at Eagle Ontario.
Instruction:
RES. NO. 22 Moved by Balint
Seconded by Warwick
RESOLVED that Council of the Corporation of the Municipality of West
Elgin does not have any objection to the St. Ilijah Serbian Orthodox
Church holding a church service and picnic at Eagle on August 3, 2003.
DISPOSITION: Carried
9.* Town of Ingersoll – request for support of a resolution requesting the Province to
enact legislation to prohibit smoking in all public and work places.
Instruction: File
10.* Town of Ingersoll – request for support of a resolution requesting the Province to
enact legislation to prohibiting the possession or smoking or otherwise
consuming tobacco products in a public place.
Instruction: File
11.* Township of Armour – request for support of a resolution requesting the Province
to set up a Board of Inquiry into SARS
Instruction: File
12.* Cole, Layer, Trumble – request for support of a resolution regarding competition
in property assessment delivery system.
Instruction: File
13.* Aaron Good & Anna Lee – request for support for a special occasion permit for
August 9, 2003 at Port Glasgow Yacht Club
Instruction:
RES. NO. 23 Moved by Balint
Seconded by Warwick
RESOLVED that Council of the Corporation of the Municipality of West
Elgin does not have any objection to the holding of an outdoor wedding at
the Port Glasgow Yacht Club on August 9, 2003
DISPOSITION: Carried
14.* County of Elgin – copy of correspondence to City of London regarding distribution
of revenues from slot-racetrack facilities.
Instruction: File
15.* Brent Fletcher – re: parking by-law
Instruction: File
16.* County of Elgin – notification of 2% increase in maintenance allocations
Instruction: File
17.* County of Elgin – notification of Community Safety Zone policy.
Instruction: File
18. AMO Alert – AMO Will Not Provide Input Into Tax Referenda Proposal
Response to Report on Source Water Protection
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Report on Police Restructuring Released
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Summary of Legislative Session and News on Controversial By-
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laws
July 10, 2003…Pg 8 of 11
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Conference – August 17 to 20, Toronto
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Instruction: File
19. Federation of Canadian Municipalities – “Bridging the Gap” Municipal Leasers’
Toolkit now available on-line
Instruction: File
20. Ontario Municipal Water Association – Regulation Alert
Instruction: File
21. Environment Canada – re: notice re ammonia dissolved in water
Instruction: File
22. Lower Thames Conservation Authority – announcement of First Annual Golf
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Tournament, September 27, 2003 at Wardsville Golf and Country Club
Instruction: File
23. Information and Privacy Commission/Ontario – Annual Report 2002
Instruction: File
24. Ministry of Municipal Affairs and Housing – Regional Profile
Instruction: File
25. Ministry of Municipal Affairs and Housing – Reimbursement of Costs, SARS
Emergency
Instruction: File
26. Ontario Smart Growth – release of “Shape the Future: Western Ontario Smart
Growth Panel Discussion Paper”
Instruction: File
27. Lower Thames Valley Conservation Authority – minutes of meeting held on May
29, 2003
Instruction: File
28. Ministry of Agriculture and Food – Nutrient Management Act
Instruction: File
29. Lower Thames Valley Conservation Authority – announcement of Archaeology
Day, Sunday July 20, 2003, Longwoods Road Conservation Area.
Instruction: File
30. Evergreen Cemetery Co. of West Lorne – thank you for donation
Instruction: File
31. Elgin Group Police Services Board – minutes of meeting held on May 27, 2003
Instruction: File
32. Elgin Group Police Services Board – minutes of meeting held on June 24, 2003
Instruction: File
33. Elgin Group Police Services Board – Detachment Commander’s Report, May
2003
Instruction: File
34. Ontario Clean Water Agency – review of security risks
Instruction: File
July 10, 2003…Pg 9 of 11
35. Gar Knutson, MP – copy of Industry Canada’s Small Business Quarterly for May
2003
Instruction: File
36. Industry Canada – Consultation Pertaining to Siting of Antenna Towers
Instruction: File
37. Ministry of Citizenship – Senior’s Month
Instruction: File
38. Steve Peters, MPP – copy of correspondence to Minister of Health regarding
West Nile virus
Instruction: File
39. OCWA – notification of discontinuation of fluoridation
Instruction: File
40.* Steve Peters MP – copy of letter to Minister of Health regarding relocation of
geriatric psychiatry services.
Instruction: File
RES. NO. 24 Moved by Balint
Seconded by Mooser
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 Recreation Committee –June 24, 2003
SUBJECT: WEST ELGIN WATER SUPPLY SYSTEM
A proposal for engineering services for the completion of an environmental assessment
for the West Elgin WTP was presented to Council. This proposal was submitted to the
Tri County Management Committee and the committee is requesting comments from
the member councils. The objective of the West Elgin Water Treatment Plant (WTP)
Expansion Class Assessment (Class EA) project is to determine the most suitable
method of expanding the water supply capacity for both short and long term needs.
RES. NO. 25 Moved by Mooser
Seconded by Balint
RESOLVED that the recommendation be made to the Tri County Water
Management Board to proceed with the West Elgin Water Treatment Plan
Class EA at an estimated cost of $68,025 and to include the optional items
at a cost of $21,975.00.
DISPOSITION: Carried
SUBJECT: CLOSED SESSION
RES. NO. 26 Moved by Balint
Seconded by Mooser
RESOLVED that Council of the Municipality of West Elgin adjourn to a
closed session to discuss receiving of advice that is subject to solicitor-
client privilege.
DISPOSITION: Carried
July 10, 2003…Pg 10 of 11
RES. NO. 27 Moved by Mooser
Seconded by Warwick
RESOLVED that Council of the Municipality of West Elgin do now rise.
DISPOSITION: Carried
Council adjourned to a Committee of Adjustment and resumed their meeting thereafter.
SUBJECT: PARKING BY-LAW
Also in attendance: Mary Bodnar, Ruth Smith, R.F. Coles, Ken Worden, Tammy
Landry, Wendy Woolsey, Diane Steckley, Tom Jones, Linda & Dave Showers, Todd
Cirka.
The Mayor reported to the audience that the parking by-law has been in process since
2000. However, no notification was given regarding the issuing of tickets, this is the
municipality’s fault, not O.P.P. The O.P.P. were simply doing their job and should not
receive any blame. We need to fix it – this is what we are going to do.
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1. The tickets issued on June 30 and July 1 have been filed with the courts. As no
notification was given, bring in a receipt of payment to the municipal office and
we will reimburse you.
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2. With regard to the tickets issued on July 8 – We were under the assumption that
no further tickets would be issued until a meeting occurred with the Police
Services Board. These tickets were not filed with the courts and therefore do not
have to be paid. The O.P.P. will be issuing a letter stating that these tickets will
not be prosecuted and to consider as a warning of infraction.
3. Staff Sergeant Cox has given direction to his officers to suspend enforcement of
Section 21(3) parking in excess of five hours and Section 21(4) parking between
3 a.m. and 5.a.m. Further, discretion to be used by officers when dealing with
Section 20(1) and the infraction is directly related to parking on a boulevard
when no hazardous condition exists. It is proposed that this will be in effect until
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November 1, 2003. This will apply to County Roads.
4. The O.P.P. will be asked to suspend enforcement of our by-law, other than in
areas where “no parking” signs are posted and for safety, until we can consider if
any changes may be needed and considered by Council and who will enforce the
parking by-law on West Elgin roads.
5. Notification will be given of Council’s decision regarding the by-law and
enforcement.
Concerns were raised regarding the lack of driveways on some side streets, definition of
boulevard, prohibition of overnight parking on side streets which tenants use, lack of
signage to specific prohibitions.
The following resolution was introduced:
RES. NO. 28 Moved by Balint
Seconded by Mooser
RESOLVED that Council of the Corporation of the Municipality of West
Elgin direct the O.P.P. to suspend the issuing of parking tickets under the
Municipality of West Elgin Parking By-law 2001-50 until further notice
excluding signed “no parking” areas and areas where safety issues are a
concern.
DISPOSITION: Carried
The Mayor reiterated to the audience that the County by-law will be enforced other than
the sections noted above.
July 10, 2003…Pg 11 of 11
SUBJECT: CONFIRMATION BY-LAW
RES. NO. 29 Moved by Mooser
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 July 10, 2003
and this shall be the first and second reading and provisional adoption
thereof.
DISPOSITION: Carried
RES. NO. 30 Moved by Balint
Seconded by Mooser
RESOLVED that a By-law to confirm the proceedings of the meeting of
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Council held on July 10, 2003 be now read a third time and finally
passed, signed, sealed and numbered By-law Number 2003-50 –
Confirming By-law July 10 2003.
DISPOSITION: Carried
SUBJECT: ADJOURNMENT
RES. NO. 31 Moved by Mooser
Seconded by Balint
RESOLVED that this Regular Meeting of Council adjourn at 3:10 p.m. to
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meet again on July 24, 2003.
DISPOSITION: Carried
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These minutes were adopted on the 14 day of August, 2003.
___________________________ ____________________________
Mayor Clerk