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September 11, 2003 Regular Meeting M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS TH SEPTEMBER 11, 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 Lloyd Jarvis Water Superintendent Bill Douglas By-law Enforcement Officer Mayor McPhail opened the meeting and made note of the horrible cost of hate and intolerance in the events of September 11, 2001 and hoped that we never see such events again. 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 August 14, 2003 Council th August 28, 2003 Council th August 27, 2003 Committee of Adjustment (Titus) DISPOSITION: Carried SUBJECT: GILBERT & FINNEY STREETS Councillor Balint noted that the minutes referred to bringing the road back to previous state even though the road needs to be improved. It was noted that this road has to be repaired before the winter. SUBJECT: RECREATION REPORT The Recreation Superintendent presented his regular monthly report. It was noted that members of the Recreation Committee were meeting with “Y” staff to discuss further programming. The ad hoc committee regarding the new washroom in Miller Park is th meeting September 11 to review drawings and will then be brought forward to Council. SUBJECT: ROADS REPORT The Road Superintendent was not in attendance. Council reviewed his monthly report. SUBJECT: WATER REPORT The Water Superintendent presented his monthly report. September 11, 2003…Pg 2 of 10 SUBJECT: CLOSED SESSION RES. NO. 2 Moved by Mooser Seconded by Warwick RESOLVED that the Council of the Municipality of West Elgin adjourn to a closed session to discuss personal matters about an identifiable individual. DISPOSITION: Carried RES. NO. 3 Moved by Balint Seconded by Mooser RESOLVED that the Council of the Municipality of West Elgin do now rise and report. DISPOSITION: Carried SUBJECT: WATER DEPARTMENT PART-TIME EMPLOYEE RES. NO. 4 Moved by Warwick Seconded by Bandeen RESOLVED that Council advertise internally for a water dept. operator to assist in day to day operations. The position to be a shared position between departments. That the vote be recorded. Councillor Bandeen yes Councillor Balint yes Councillor Mooser no Deputy Mayor Warwick yes Mayor McPhail yes DISPOSITION: Carried SUBJECT: BY-LAW ENFORCEMENT Council reviewed the monthly report. Discussion arose regarding definitions in the property standards by-law and whether they need to be changed. Council directed that the By-law Enforcement Officer report to Council if the by-law couldn’t be used for a particular property in Eagle otherwise an order should be issued. DELEGATION: PETER KLEINJAN, WIRE TIRE MANUFACTURING RES. NO. 5 Moved by Bandeen Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin will hear the delegation from Peter Kleinjan. DISPOSITION: Carried Mr. Kleinjan appeared before Council to request relief from paying penalty and interest on a property that the ownership has been transferred back to them due to default of mortgage. He noted that they were not told of the tax arrears when calling the municipal office. It was noted that municipal policy requires written proof of holding a mortgage before tax information will be given out. Mr. Kleinjan said they were not made aware of the policy. Therefore, he felt that they should not be responsible for the penalty. The Mayor reported that Council did not have a policy to refund penalty. Further, he noted that staff of Wire Tire reported that other municipalities provide relief to penalty. The Mayor noted he had asked details be provided of which municipality does this. (see correspondence item #4) September 11, 2003…Pg 3 of 10 SUBJECT: NOTICE BY-LAW The Clerk presented a report on proposed changes to the municipal notice by-law. Council agreed with the recommendations set out in the report. PUBLIC MEETING: TRI COUNTY PRIMARY WATER LINE : ALSO IN ATTENDANCEJohn Munn, Michael Mulhern, Mary Bodnar It was reported that the Tri County Management Committee had passed a resolution at th their meeting held on July 29 to impose a charge of $6,000.00 to hook-up to the 16” primary water line. In accordance with the Municipal Act notice of this charge was advertised in the Chronicle. This waterline affected extends from the water treatment plant to the Glencoe Water Tower in West Lorne. No one in attendance had any questions regarding this charge. SUBJECT: QUEEN LINE WATERLINE In discussion of the above noted subject it was determined that Mr. Munn and Mr. Mulhern are primarily interested in obtaining information about the proposed extension of the waterline along Queen Line. After contacting the Water Superintendent, it was reported that he would be getting back to the property owners with more information within a month. PUBLIC MEETING: ACCESSIBILITY PLAN : ALSO IN ATTENDANCEKeith Kelly Council reviewed that Accessibility Plan that has been prepared for compliance with the Ontarians With Disabilities Act. Notice was placed in the Chronicle in accordance with the municipality’s notice by-law. Mr. Kelly was representing the Seniors Group and noted that the only comments the group had was regarding crosswalks on Furnival Road in Rodney. The Mayor noted that there are no legal crosswalks on Furnival Road and that the factors, such as limitations on parking, that would have to be in place to have a crosswalk. Councillor Bandeen questioned the barriers identified for the Rodney Library as during renovations an engineer was involved. The Clerk will review both libraries. It was reported that the Ontario Building Code will be used to determine the requirements for renovation with regard to accessibility requirements. SUBJECT: ACCOUNTS VOUCHER RES. NO. 6 Moved by Mooser Seconded by Warwick RESOLVED that the Mayor and Administrator/Treasurer be and they are hereby authorized to sign Payment Voucher #9, amounting to $1,326,429.58, in settlement of General, Road and Water/Arena Accounts (including cheques #7396-7727 plus General/Road/Water payroll). DISPOSITION: Carried September 11, 2003…Pg 4 of 10 SUBJECT: BY-LAW NO. 2003-62 – AGREEMENT WITH ST. THOMAS RES. NO. 7 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 the Corporation of the City of St. Thomas and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 8 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 the Corporation of the City of St. Thomas be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-62 – Agreement with City of St. Thomas. DISPOSITION: Carried SUBJECT: BY-LAW NO. 2003-63 – AMENDING ALDRED-PODEBRY DRAIN BY-LAW 2002-59 RES. NO. 9 Moved by Mooser Seconded by Warwick RESOLVED that the mover be granted leave to introduce a By-Law to amend By-law 2002-59 which amended By-law 2001-41 providing for the construction of the Aldred-Podebry Drain 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 amend By-law 2002-59 which amended By- law 2001-41 providing for the construction of the Aldred-Podebry Drain be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-63 – Amending Aldred-Podebry Drain By-law 2002- 59. DISPOSITION: Carried SUBJECT: BY-LAW NO. 2003-64 – WATER AND SEWER RATES RES. NO. 11 Moved by Warwick Seconded by Mooser RESOLVED that the mover be granted leave to introduce a By-Law to establish rates for the 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. 12 Moved by Mooser Seconded by Warwick RESOLVED that a By-law to establish rates for the 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 2003-64 – Water and Sewer Rates DISPOSITION: Carried September 11, 2003…Pg 5 of 10 SUBJECT: BY-LAW NO. 2003-65 – AMEND BY-LAW 95-56 – STOP SIGNS RES. NO. 13 Moved by Bandeen Seconded by Mooser RESOLVED that the mover be granted leave to introduce a By-Law to amend By-law 95-56 providing for erection of stop signs at intersections and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 14 Moved by Balint Seconded by Mooser RESOLVED that a By-law to amend By-law 95-56 providing for erection of stop signs at intersections be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-65 – Amend By-law 95-56 – stop signs DISPOSITION: Carried SUBJECT: BY-LAW NO. 2003-66 – FINANCING SOUTHWOLD INTERCONNECTION RES. NO. 15 Moved by Warwick Seconded by Mooser RESOLVED that the mover be granted leave to introduce a By-Law to authorize payment to Southwold Township and to authorize internal financing to the Tri County Water Management Board re the Southwold Interconnection Project and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 16 Moved by Mooser Seconded by Warwick RESOLVED that a By-law to authorize payment to Southwold Township and to authorize internal financing to the Tri County Water Management Board re the Southwold Interconnection Project be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-66 – Financing Southwold Interconnection DISPOSITION: Carried SUBJECT: BY-LAW NO. 2003-67 – AMENDING PERSONNEL POLICY BY-LAW 98-06 RES. NO. 17 Moved by Bandeen Seconded by Mooser RESOLVED that the mover be granted leave to introduce a By-Law to amend By-law 98-06, to establish a personnel policy for full-time employees to the Municipality of West Elgin and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 18 Moved by Balint Seconded by Mooser RESOLVED that a By-law to amend By-law 98-06, to establish a personnel policy for full-time employees to the Municipality of West Elgin be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-67 – Amending Personnel Policy By-law 98-06 DISPOSITION: Carried September 11, 2003…Pg 6 of 10 SUBJECT: BY-LAW NO. 2003-68 – KEARNS PIT EXPANSION RES. NO. 19 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 for the purchase of land in Lot 7 Concession 2 – Part 1, Plan 11R-7966 for use as a gravel pit and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 20 Moved by Warwick Seconded by Balint RESOLVED that a By-law to Law to authorize the execution of an agreement for the purchase of land in Lot 7 Concession 2 – Part 1, Plan 11R-7966 for use as a gravel pit be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-68 – Kearns Pit Expansion DISPOSITION: Carried SUBJECT: CLOSED SESSION ALSO IN ATTENDANCE: OPP Staff Sergeant Ryan Cox, Mr. Steve Gibson RES. NO. 21 Moved by Mooser Seconded by Balint RESOLVED that the 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 RES. NO. 22 Moved by Balint Seconded by Bandeen RESOLVED that the Council of the Municipality of West Elgin do now rise. DISPOSITION: Carried SUBJECT: PARKING BY-LAW RES. NO. 23 Moved by Bandeen Seconded by Balint RESOLVED that Council of the Municipality of West Elgin direct the County Prosecutor to withdraw any outstanding charges laid under Municipality of West Elgin By-law 2001-50, sections 20(1), 21.3 and 21.4, in which the vehicle owner has pleaded not guilty for tickets issued on June 30 and July 1, 2003. DISPOSITION: Carried SUBJECT: CORRESPONDENCE 1.* Elgin County Land Division Committee – Severance application – Lettner (N Pt. Lot Z, Concession 4) Instruction: RES. NO. 24 Moved by Balint Seconded by Bandeen RESOLVED that the Council of the Municipality of West Elgin have the following comments regarding Severance Application E91/03 as applied for by J & H Lettner Council approves of the severance. September 11, 2003…Pg 7 of 10 Subject to requirements of the Municipal Road Department regarding access and/or drainage. Two copies of the registered reference plan be submitted to the municipality DISPOSITION: Carried 2.* Elgin County Land Division Committee – Severance application – McKillop (Lot 17, Concession 12) Instruction: RES. NO. 25 Moved by Warwick Seconded by Mooser RESOLVED that the Council of the Municipality of West Elgin have the following comments regarding Severance Application E82/03 as applied for by Betty & Donald McKillop Council approves of the severance. 1. Subject to rezoning 2. Subject to the preparation of a revised assessment schedule for the Jeffrey and Marr municipal drains and any other applicable drains, all associated costs to be the responsibility of the applicants. 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 one dwelling unit only being permitted on the retained agricultural portion. 6. Subject to no residential dwelling being permitted on the severed lot. 7. Subject to water and/or sewer connection fees if applicable 8. Subject to the submission of two copies of the registered reference plan to the municipality. DISPOSITION: Carried 3.* Elgin County Land Division Committee – Severance application – McKillop (Lot 17, Concession 12) Instruction: RES. NO. 26 Moved by Bandeen Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin have the following comments regarding Severance Application E83/03 as applied for by Betty & Donald McKillop Council approves of the severance.: 1. Subject to rezoning 2. Subject to the preparation of a revised assessment schedule for the Jeffrey and Marr municipal drains and any other applicable drain, all associated costs to be the responsibility of the applicants. 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 one dwelling unit only being permitted on the retained agricultural portion. 6. Subject to water and/or sewer connection fees if applicable 7. Subject to the submission of two copies of the registered reference plan to the municipality. DISPOSITION: Carried 4.* Wire-Tie Manufacturing Co. Ltd. – request to forgive penalty and interest Instruction: Clerk was directed to send a letter noting that the Council is not in a position to rebate any penalty at this time but that Council would reconsider September 11, 2003…Pg 8 of 10 matter if a letter was received from a municipality that would give a refund in this case. 5.* Town of Gravenhurst – request for support of a resolution regarding group homes Instruction: File 6.* Middlesex-London Health Unit – discontinuation of fluoridation Instruction: File 7. Ballistik Paintball Park - invitation Instruction: File 8. Spriet Associates – report from engineer regarding Grandstand Instruction: File 9. AMO Alert – Bill 124 regs. pass - Municipal concerns not addressed Nutrient Management/Water update - AMO pleased province will provide blackout assistance to - municipalities Province Election Call and the Municipal Voice - thth 2003 Counties and Regions Conference, October 5 to 8 - Instruction: File 10. Federation of Canadian Municipalities – Increasing Women’s Participation in Municipal Consultation Processes Project - FCM urges municipal participation in national antenna tower policy review Instruction: File 11.* Lower Thames Beacon, January to June, 2003 Instruction: File 12. Alzheimer Advocate, August 2003 Instruction: File 13. Waste Reduction Week in Canada – October 20 – 26, 2003 Instruction: File 14. Ministry of Citizenship – Community AccessAbility program 2003/2004 Instruction: File 15. Ministry of Agriculture and Food – 2003/2004 Tile Drain program Instruction: File 16. County of Frontenac – announcement of name change Instruction: File 17. Ministry of Public Safety and Security – change in deadline for completion of Essential Level program to December 31, 2004 Instruction: File 18. Minister of Citizenship and Immigration – Canada’s Citizenship Week October 13-19, 2003 Instruction: File 19. Lower Thames Valley Conservation Authority – Badder & Robinson Memorial Forest Instruction: File September 11, 2003…Pg 9 of 10 20. Christmas Tree Shoppe – request for support Instruction: File 21. Management Board of Cabinet – Showcase Ontario 2003 Instruction: File 22. Elgin St. Thomas Health Unit – Update on West Nile Virus Instruction: File 23. Ministry of Attorney General – grant programs for victim services programs Instruction: File 24. Ministry of Municipal Affairs and Housing – information for municipalities on power outage disaster assistance Instruction: File 25. Elgin Federation of Agriculture – “Cattle Drive to Parliament Hill” stop at th Talbotville Stockyard, Sunday September 14, 4 – 6 p.m. Instruction: File RES. NO. 27 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 – June 3, 2003 ? *West Elgin Parks and Recreation Committee – July 22, 2003 ? *West Elgin Arena Board – August 11, 2003 ? * West Elgin Parks and Recreation Committee – August 26, 2003 SUBJECT: FALL FAIR PARADE RES. NO. 28 Moved by Bandeen Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin Council supports the request of the Rodney Aldborough Agricultural Society to close Furnival Road from Victoria Street to Queen Street and Queen th Street east to Fourth Street on Saturday September 13, 2003 from 11:00 a.m. to 12:30 p.m. DISPOSITION: Carried SUBJECT: AMBULANCE SERVICES The Mayor reported that Thames Valley EMS has been chosen to provide ambulance service for the County of Elgin. Regarding concerns by the volunteer firefighters that first response calls would increase, the Mayor reported that it is Council’s decision regarding the duties of our volunteer firefighters and this should not happen. SUBJECT: SALE OF TRAILER It was reported that two quotations have been received for the sale of the 1972 Shamrock Trailer, model 20TT. Wayne Smith $400.00 Brad Rieve $200.00 September 11, 2003…Pg 10 of 10 RES. NO. 29 Moved by Bandeen Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin accepts the quote from Wayne Smith in the amount of $ 400.00 for the sale of a 1972 Shamrock Trailer, model no. 20TT. DISPOSITION: Carried SUBJECT: WHEELCHAIR RAMP – OLD RODNEY TOWNHALL Council reviewed a sketch prepared by the Chief Building Official that provided for a ramp to provide wheelchair access to the building. The proposal also showed new entrances for the two public washrooms. Council directed that a plan be developed in which the ramp started from the street side, rather than the rear of the building, and bring back to Council for review. SUBJECT: BUS SHUTTLE TO POOL FROM WEST LORNE RES. NO. 30 Moved by Bandeen Seconded by Balint RESOLVED that Council of the Municipality of West Elgin approves the donation of $500.00 for the bus shuttle to the West Elgin pool in Rodney from West Lorne YWCA summer camp program. DISPOSITION: Carried SUBJECT: CONFIRMATION BY-LAW RES. NO. 31 Moved by Bandeen 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 September 11, 2003 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 32 Moved by Mooser Seconded by Balint RESOLVED that a By-law to confirm the proceedings of the meeting of th Council held on September 11, 2003 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-69 – Confirming By-law September 11 2003. DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 32 Moved by Bandeen Seconded by Balint RESOLVED that this Regular Meeting of Council adjourn at 5:10 p.m. to meet again on September 25, 2003. DISPOSITION: Carried th These minutes were adopted on the 9 day of October, 2003. ___________________________ ____________________________ Mayor Clerk