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October 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 OCTOBER 9, 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 Paul VanVaerenbergh Roads Foreman Jeff Slater Recreation 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 September 11, 2003 Council th September 25, 2003 Council th September 25, 2003 Public Meeting – Zone Amendment (Gardiner) th September 25, 2003 Public Meeting – Zone Amendment (Canada Southern Railway) th September 25, 2003 Public Meeting – Zone Amendment (Krebs) th September 25, 2003 Public Meeting – Official Plan and Zone Amendment (Melody Church) DISPOSITION: Carried SUBJECT: RECREATION REPORT The Recreation Superintendent presented his regular monthly report. He advised Council that the supervision by the West Eglin Community Parent Child Resource Centre of the swimming pool and programs worked well, all expenses have not been evaluated. The Administrator/Treasurer reported that the WECPCRC staff worked well with the public and some minor organizational changes should be implemented for next year. Councillor Mooser requested a report on costs of operating the pool. The Recreation Superintendent reported on the ongoing problems with the pool heater. It has been determined that the heater was installed incorrectly and this will be rectified by Hollandia Pools. October 9, 2003…Pg 2 of 12 SUBJECT: FRIDAY NIGHT PROGRAM AT RODNEY RECREATION CENTRE Councillor Bandeen reported that the Recreation Committee has been in discussions to partner with the St. Thomas YWCA to provide a Friday night drop in program. The YWCA will rent the building, hire and pay staff, collect fees and the municipality will cover any deficit to a maximum of $500.00, which is in the budget under programming. Council agreed with the proposal as presented. SUBJECT: ROADS REPORT The Road Foreman was in attendance. Council reviewed the Road Superintendent’s monthly report. The Roads Foreman reported that paving will begin today on Clachan Road from Fleming to Gibb, two lifts this year with the final next year. Councillor Balint questioned the removal of parking signs on Furnival Road, the Roads Foreman reported that the signs are now in compliance with the county parking by-law, waiting for some replacement signs. Regarding Silver Clay drainage, the Roads Foreman reported that the engineers report had been forwarded to three contractors and we are waiting for quotes, hoping to complete this year and pave next year. SUBJECT: BUILDING REPORT The Chief Building Official was not in attendance. Council reviewed his report for the month of August. In August fourteen permits were issued totalling $364,000.00 worth of construction. SUBJECT: ACCOUNTS VOUCHER RES. NO. 2 Moved by Bandeen Seconded by Mooser RESOLVED that the Mayor and Administrator/Treasurer be and they are hereby authorized to sign Payment Voucher #10, amounting to $1,166,728.09, in settlement of General, Road, Water and Arena Accounts (including cheques #7728-7968 plus General/Road/Water payroll). DISPOSITION: Carried SUBJECT: BY-LAW 2003-79 – AGREEMENT WITH HYDRO ONE NETWORKS RES. NO. 3 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 Hydro One Networks for the placement of municipal attachments on Hydro One Networks’ distribution poles and that this by-law shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 4 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 Hydro One Networks for the placement of municipal attachments on Hydro One Networks’ distribution poles and this by-law shall hereby be read a third time and finally passed, signed, sealed and numbered. By-law Number 2003-79– Agreement – Hydro One Networks DISPOSITION: Carried October 9, 2003…Pg 3 of 12 SUBJECT: BY-LAW 2003-80 – AGREEMENT WITH TONY SANTOS CONSTRUCTION – WILLIAM STREET RES. NO. 5 Moved by Warwick Seconded by Mooser 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 Tony Santos Construction Limited and that this by-law 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 authorize the execution of an agreement between the Corporation of the Municipality of West Elgin and Tony Santos Construction Limited and this by-law shall hereby be read a third time and finally passed, signed, sealed and numbered By-law Number 2003-80– Agreement with Tony Santos Construction – William Street DISPOSITION: Carried SUBJECT: GRAHAM ROAD WATERMAIN SERVICE CONNECTIONS It was reported that the following tenders were reviewed by the Tri-County Management Committee for the Graham Road Watermain Service Connections. Henry Heyink Construction $303,000.00 plus GST Ontario Pipeline 282,203.00 plus GST Rexco Limited 392,189.00 plus GST RES. NO. 7 Moved by Mooser Seconded by Warwick RESOLVED that the Council of the Municipality of West Elgin accept the tender from Ontario Pipeline in the amount of $282,203.00 plus GST for Graham Road Watermain Service Connections. DISPOSITION: Carried SUBJECT: BY-LAW 2003-82 – CONTRACT WITH ONTARIO PIPELINE GRAHAM ROAD WATERMAIN SERVICE CONNECTIONS RES. NO. 8 Moved by Bandeen Seconded by Mooser RESOLVED that the mover be granted leave to introduce a by-law to authorize the execution of an contract between the Corporation of the Municipality of West Elgin and Ontario Pipeline for the Graham Road Watermain Service Connections and that this by-law shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 9 Moved by Balint Seconded by Mooser RESOLVED that a By-law to authorize the execution of an agreement between the Corporation of the Municipality of West Elgin and Ontario Pipeline for the Graham Road Watermain Service Connections and this by-law shall hereby be read a third time and finally passed, signed, sealed and numbered By-law Number 2003-82– Contract with Ontario Pipeline - October 9, 2003…Pg 4 of 12 Graham Road Watermain Service Connections DISPOSITION: Carried SUBJECT: CLOSED SESSION RES. NO. 10 Moved by Bandeen Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin adjourn to a closed session to discuss litigation or potential litigation. DISPOSITION: Carried RES. NO. 11 Moved by Mooser Seconded by Bandeen RESOLVED that the Council of the Municipality of West Elgin do now rise. DISPOSITION: Carried SUBJECT: BY-LAW ENFORCEMENT The By-law Enforcement Officer presented his monthly report. Councillor Mooser enquired on how long we are going to put complaints “on hold”. SUBJECT: CORRESPONDENCE 1.* Township of Wilmot – request for support of a resolution regarding insurance premiums and gas prices Instruction: File 2.* Andy Cipu – request for refund for aqua fit program Instruction: Council determined that since the program was not cancelled that Council was not in a position to give a refund. th 3.* Susan Pawlak – request for letter of congratulations on 10 anniversary for Gar Knutson, MPP Instruction: The Clerk to prepare a letter of congratulations. 4.* Southwest Middlesex – copy of correspondence to Tri County Management Committee re: 16 inch watermain Instruction: A letter of response to be forwarded to Southwest Middlesex that we disagree with their letter and why. 5. The Ontario Rural Council – request for support of Rural Campaign Instruction: RES. NO. 12 Moved by Balint Seconded by Warwick RESOLVED that Council of the Municipality of West Elgin is in support of the Ontario Rural Council’s Rural Campaign. DISPOSITION: Carried 6. Ministry of Agriculture and Food – Drainage Program Instruction: File The Mayor left the meeting. The Deputy Mayor assumed the position of Chair. October 9, 2003…Pg 5 of 12 SUBJECT: FOUR COUNTIES HEALTH SERVICES The Deputy Mayor referred Council to a previous resolution passed in July 2002 regarding the Four Counties Health Services Board of Directors. He reported that no election has occurred, we have not received a response from the Minister to our letter of July 2002, facts still stand, feels another letter should be sent to the new Minister of Health. RES. NO. 13 Moved by Mooser Seconded by Balint WHEREAS the Board of Directors for Four Counties Health Services resigned en masse and cancelled the 2002 Annual General Meeting where elections were to be held; AND WHEREAS the Council of the Municipality of West Elgin believes that Four Counties Health Services can be properly managed by a Board of local Directors duly elected pursuant to existing by-laws as of the 2002 Annual General Meeting; AND WHEREAS it is the understanding of Council that a slate of persons stands ready to seek election to the Board of Directors for Four Counties Health Services; AND WHEREAS it was the desire of the Municipality of West Elgin that the Supervisor appointed under the Public Hospitals Act should only facilitate an election of the Board of Directors; NOW THEREFORE BE IT RESOLVED THAT the Minister of Health take timely action to facilitate an election of a new Board of Directors for Four Counties Health Services pursuant to existing by-laws as of the 2002 Annual General Meeting; AND FURTHER THAT this resolution be forwarded to the municipal stakeholders of Four Counties Health Services for their consideration and support. DISPOSITION: Carried DELEGATION: PRESENTATION TO BLAIR SCHWEITZER The Deputy Mayor presented to Blair Schweitzer the trophy for “Provincial Safety Truck Rodeo Driver of the Year”. He noted that this was the first time a staff person from Elgin County had won the provincial title. Congralutions were offered from all members of Council. SUBJECT: PUBLIC MEETING RE: NOTIFICATION BY-LAW The Clerk reported that in accordance with the requirements of the notification by-law, a public meeting must be called to allow the public to offer comments to changes in the notification by-law. The public meeting was advertised in accordance with the municipality’s notice by-law. No one was in attendance. SUBJECT: BY-LAW 2003-77 – NOTIFICATION BY-LAW RES. NO. 14 Moved by Bandeen Seconded by Balint RESOLVED that the mover be granted leave to introduce a By-Law to prescribe the form and manner and times for the provision of reasonable notice and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried October 9, 2003…Pg 6 of 12 RES. NO. 15 Moved by Mooser Seconded by Bandeen RESOLVED that a By-law to prescribe the form and manner and times for the provision of reasonable notice be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-77 – Notification DISPOSITION: Carried SUBJECT: CONSIDERATION MEETING – WILLIAM STREET DRAIN RELOCATION Also in attendance: John M. Spriet, Engineer from Spriet Associates RES. NO. 16 Moved by Balint Seconded by Bandeen RESOLVED that Council consider the Engineer’s Report on the William Street Drain Relocation. 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 and reported that a new assessment schedule for maintenance purposes has been included in the report, and the floor was opened for questions. Councillor Mooser enquired who was paying for the relocation of the drain. Mr. Spriet reported that the developer, Tony Santos, was paying the entire cost. A question was raised regarding planting of trees along the north boundary of Part 4 and whether there was a condition that the owner of that lot couldn’t plant trees. Mr. Spriet replied that the drain is 6 ½ feet deep and considering the type of pipe to be used there shouldn’t be a problem, the drainage plan should help as well. RES. NO. 17 Moved by Bandeen Seconded by Balint RESOLVED that the Engineer’s Report for the William Street Drain Relocation, be accepted and the Clerk is instructed to draw up the necessary by-law. DISPOSITION: Carried SUBJECT: BY-LAW 2003-78 – WILLIAM STREET DRAIN RELOCATION RES. NO. 18 Moved by Bandeen Seconded by Mooser RESOLVED the mover be granted leave to introduce a by-law to provide for drainage works in the Municipality of West Elgin in the County of Elgin to be called and known as the William Street Drain Relocation and that this shall constitute the first and second reading and provisional adoption thereof. DISPOSITION: Carried DELEGATION: HARLEY LASHBROOK RE: RECOGNITION OF PORT GLASGOW Mr. Lashbrook appeared before Council to request support of a project to provide recognition that Port Glasgow was the site where a number of early pioneers arrived in the early 1800’s. He suggested a plague on a monument or large stone be placed near the landing site near the mouth of 16 Mile Creek. He is looking for permission from October 9, 2003…Pg 7 of 12 Council to erect a monument and thinks the Kiwanis Club may apply for a Trillium grant for the project. RES. NO. 19 Moved by Bandeen Seconded by Balint RESOLVED that Council support the proposal of Harley Lashbrook to have a plaque/monument place at Port Glasgow near the mouth of 16 Mile Creek to commemorate the landing site of the first settlers and that Council will work jointly with a committee for that purpose. DISPOSITION: Carried DELEGATION: JIM HOLDAWAY, PORT GLASGOW YACHT CLUB RE: WASHROOM PROJECT Also in attendance: Andy Cipu, Bill Nicholson, Lloyd Jarvis Mr. Holdaway noted that as a result of discussions at the last Council meeting, a proposed layout of the location of two washrooms and filter bed was developed and is now being presented to Council. A washroom to service the marina is proposed on the easterly boundary, noted as “A” on the sketch submitted. The filter bed is proposed at the bottom of the hill, west of Havens Lake Road. A second washroom is proposed further west of the filter bed area, shown as “C” on the sketch submitted. The Deputy Mayor noted that he had been in discussions with the Planner. The Planner feels the best location for the main washroom is closer to the office and food area. Mr. Holdaway responded that there is not enough room in this area for the washroom building, it would stick out into the parking area, not amenable to eat food beside a washroom building, there would be no room for parking with land that would be left over. Councillor Bandeen questioned the location of the second washroom at “C” as this location is far removed from beach. Mr. Jarvis noted that this site is visible, not hidden behind the “mound” and could be moved. Upon questions regarding cost, it was reported that an estimate of $150,000 for the two buildings, this did not include the costs of the filter bed. Councillor Bandeen inquired if the filter bed would be used for sewage pump-outs from the boats, reply yes. Councillor Mooser noted that the cost of the filter bed is unknown at this point and we should wait for an estimate from the engineer before proceeding. Further, he noted that there will be a new council in December and they should make the decision. Councillor Bandeen noted that $150,000 is in the budget which we can’t exceed, we should proceed with the tenders to determine costs and if over $150,000 not proceed. RES. NO. 20 Moved by Bandeen Seconded by Balint RESOLVED that Council approve the construction of a washroom located at “A”, filter bed to accommodate 2 washrooms at the marina and that said project be tendered. DISPOSITION: Carried DELEGATION: RANDALL DENNING, MALCOLM GILPIN, THAMES VALLEY EMS Mr. Gilpin attended Council with Randall Denning to address the new ambulance service for Elgin Council. Thames Valley EMS won the tender to provide ambulance services and he reported that there will be no change in service from what is existing. Thames Valley EMS are leasing the Rodney facility. Thames Valley EMS will be hiring 4 duty managers which will facilitate improved supervision. It was reported that there will be crew on site in Rodney on a 24 hour basis October 9, 2003…Pg 8 of 12 Councillor Bandeen inquired if there would be change in first response, our firemen are concerned their on-call will increase. Mr. Gilpin reported there would be no change from present practise and that any changes would be determined by the municipal council. He did note that a consistent response system across the county would be desirable. Councillor Mooser asked why OPP, ambulance and fire respond to 9-1-1 calls. Mr. Gilpin reported that the ambulance dispatch make that determination based on municipal policy. The Deputy Mayor thanked Mr. Gilpin and Mr. Denning for attending. SUBJECT: WATER REPORT The Water Superintendent presented his monthly report. SUBJECT: SWAIN GREENHOUSES The Water Superintendent reported that once the Graham Road watermain connections to the 16” watermain were completed that Swain Greenhouses will be connected as well and the normal rate would apply. In the past, Swain Greenhouses had a special rate as they were connected to the 10” line. The Administrator/Treasurer reported that a public meeting will need to be called as required under the Municipal Act before the by-law can be changed and new fees applied. SUBJECT: NICHOLSON WATERLINE The Water Superintendent reported that Mr. Nicholson has approached Council to take over the private waterline. He reported that there are no facilities to flush the line and if municipality assumes the private line, connection could be provided to 6” line and provide a loop. RES. NO. 21 Moved by Bandeen Seconded by Balint RESOLVED that Council assume ownership of the Bill Nicholson waterline on Gray Line at Pt. Lot 14, Concession 14 – 24173 Gray Line. DISPOSITION: Carried SUBJECT: SEPTAGE DISPOSAL The Deputy Mayor brought forward the matter of where septage haulers will be able to dispose of their waste. He reported that one local hauler had been informed he could st not use a sewage system after December 31. Discussion arose regarding the viability of our sewage systems being able to be utilized for this purpose. It was noted that an engineering study would be required and staff were directed to contact Stantec Engineering to provide an estimate for the necessary study. SUBJECT: CLOSED SESSION RES. NO. 22 Moved by Bandeen Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin adjourn to a closed session to discuss personal matter about an identifiable individual. DISPOSITION: Carried October 9, 2003…Pg 9 of 12 RES. NO. 23 Moved by Balint Seconded by Bandeen RESOLVED that the Council of the Municipality of West Elgin do now rise and report. DISPOSITION: Carried SUBJECT: RESPONSIBILITY FOR SEWAGE SYSTEM MAINTENANCE RES. NO. 24 Moved by Bandeen Seconded by Balint RESOLVED that the responsibility for maintenance of the sewage systems in Rodney and West Lorne be delegated to the Water Superintendent on a trial basis and that this be re-evaluated in six months. DISPOSITION: Carried SUBJECT: CORRESPONDENCE cont’d 7.* Santa Claus Parade Committee – request for support Instruction: RES. NO. 25 Moved by Mooser Seconded by Balint RESOLVED that Council of the Corporation of the Municipality of West Elgin agrees to pay expenses up to $1,000.00 to the Santa Claus Parade Committee – West Lorne. DISPOSITION: Carried 8.* Santa Claus Parade Committee – use of West Lorne firehall Instruction: Discussions ongoing with West Elgin Community Health Centre, rd defer to October 23 meeting. 9.* West Elgin Community Health Centre – long-term agreement for parking on lands north of new building Instruction: RES. NO. 26 Moved by Bandeen Seconded by Balint RESOLVED that it is the intention of Council of the Corporation of the Municipality of West Elgin to create a public gravel parking area north of the new West Elgin Community Health Centre; AND FURTHER BE IT RESOLVED that the timing of the improvements will be determined by future council based on budgetary considerations. DISPOSITION: Carried 10.* Spriet Associates – reduction of letter of credit for Catherine Street Phase II Instruction: RES. NO. 27 Moved by Bandeen Seconded by Balint RESOLVED that Council approve the recommendation of Spriet Associates to reduce the letter of credit on Catherine Street – Phase II to $24,000.00 DISPOSITION: Carried 11. AMO – letter from President re conference highlights Instruction: File October 9, 2003…Pg 10 of 12 12. AMO Alert – OMERS and WSIB update PC Party still serious about municipal referendum proposals - Suggested questions for provincial election - Instruction: File 13. Federation of Canadian Municipalities – Supreme Court Denies FCM and municipal application for leave to appeal the CRTC Vancouver – Ledcor Decision - Call for resolutions for consideration by National Board of Directors Instruction: File 14. West Elgin Seniors’ Projects Action Committee – Funshop 9, October 15, 2003, 9:00 a.m. to 2:00 p.m. Instruction: File 15. Municipal Health & Safety Association – Newsletter, Fall 2003 Instruction: File 16. Elgin Group Police Services Board – Detachment Commander’s Report, July- August 2003 Instruction: File 17.* AMO – Closing of Rural Schools Instruction: File 18. Second Byte Gaming and Management Systems – Proposed Opening of Bingo Hall, Wallaceburg Instruction: File 19. Lower Thames Valley Conservation Authority – minutes of meeting of August 28, 2003 Instruction: File 20. OMAF – BSE update Instruction: File 21. Judy Feeney – City Waste Management and Community Health Instruction: File 22. County of Elgin Land Division Committee – Notice of Decision – McKillop (E82/03) Instruction: File 23. County of Elgin Land Division Committee – Notice of Decision – McKillop (E83/03) Instruction: File 24. County of Elgin Land Division Committee – Notice of Decision - Lettner Instruction: File 25. Ministry of Culture, Community Heritage Ontario – invitation to an information rd session to be held in Woodstock, October 23, 7:00 – 10:00 p.m. Instruction: File October 9, 2003…Pg 11 of 12 26. Ontario Civilian Commission on Police Services – pamphlet titled: “Resolving Complaints – Your Guide for Filing Complaints About Police Conduct, Services and Policies in Ontario” Instruction: File 27. World Organization to Investigate the Persecution of Falun Gong – request for support Instruction: File 28. Ontario Heritage Foundation – Young Heritage Leaders Program 2003. Instruction: File 29. County of Elgin – establishment of minimum standards and road classifications for county roads Instruction: File 30.* Elgin County OPP Detachment – leasing of computer for community policing offices th Instruction: table to November 13 meeting 31. Inky Mark, M.P. – Youth Criminal Justice Act Instruction: File 32. County of Elgin – notice of meeting to consider changes to County Procedural By-law Instruction: File 33. OMAF – Bulletin, October 2, 2003 Instruction: File 34. Royal Canadian Legion, Rodney Branch – funds for Port Glasgow Trailer Park facilities 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 SUBJECT: MINUTES ? *West Elgin Chamber of Commerce – September 2, 2003 ? *West Elgin Arena Board – September 8, 2003 ? *West Elgin Parks and Recreation Committee – September 23, 2003 SUBJECT: APPOINTMENT TO LAND DIVISION COMMITTEE rd This matter was deferred to October 23, 2003 Council meeting. SUBJECT: MELODY CHURCH OPA rd The Clerk reported that Council had been invited to a site visit on October 23, 2003 at 1:00 p.m. Council determined they would not attend the site visit. October 9, 2003…Pg 12 of 12 SUBJECT: REMUNERATION FOR ELECTION OFFICIALS The Clerk presented the proposed rates for election officials. No change from 2000 is being recommended. Council was in agreement with the proposal. SUBJECT: CONFIRMATION BY-LAW RES. NO. 29 Moved by Balint Seconded by Mooser RESOLVED that the mover be granted leave to introduce a By-Law to th confirm the proceedings of the meeting of Council held on October 9, 2003 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 30 Moved by Mooser Seconded by Balint RESOLVED that a By-law to confirm the proceedings of the meeting of th Council held on October 9, 2003 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-83 – Confirming By-law October 9 2003. DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 31 Moved by Bandeen Seconded by Balint RESOLVED that this Regular Meeting of Council adjourn at 5:00 p.m. to rd meet again on October 23, 2003. DISPOSITION: Carried th These minutes were adopted on the 13 day of November, 2003. ___________________________ ____________________________ Mayor Clerk