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August 26, 2004 Council M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS AUGUST 26, 2004 MEMBERS PRESENT: Mayor Graham Warwick, Deputy Mayor Bernie Wiehle Councillors Mary Bodnar, Michael Mooser STAFF PRESENT: Joanne Groch Administrator/Treasurer Norma Bryant Clerk Paul VanVaerenbergh Road Superintendent DELEGATION: GEORGE DAWSON, ELGIN-ST. THOMAS HEALTH UNIT Mr. Dawson presented an outline of the responsibilities of the Health Unit. He focused on two matters: 1. West Nile Virus – Mr. Dawson reported that two positive crows have been found in West Elgin, in an area of swamp and high trees outside Rodney. As the kind of mosquitoes found are not those that favour humans and the location was removed enough from Rodney, felt little impact on the population of Rodney. Ratepayers were advised in newspapers to protect themselves. Catchbasins in populated areas have been tested and no positive pools have been found in Elgin County. The Health Unit is mapping the location of dead birds. Most important message is to “protect yourself against mosquito bites”. 2. Food Inspection – There are minimum standards for commercial operations. The Health Unit’s approach has been to educate the organizers of large events to meet the regulations. Concerns have been raised by groups regarding meeting these standards. He noted that there is exceptions for churches, service clubs and fraternal organizations – bake sales are permitted, meals for “personally invited guests” and members are exempted. However, if meals are being sold as a fundraising event the regulations apply. Five sessions have been held throughout the county to explain the regulations. Mr. Dawson also noted that changes to st regulations are expected September 1. Churches are being inspected, at their request, they want to do things right. SUBJECT: CONSIDERATION MEETING – BONN DRAIN RES. NO. 1 Moved by Wiehle Seconded by Mooser RESOLVED that Council consider the Engineer’s Report on the Bonn Drain. DISPOSITION: Carried Aug 26, 2004…Pg 2 of 5 The Clerk noted that the Engineers have discussed the report with the affected property owner and there are no objections. The Administrator/Treasurer reported that the report is for a water control structure on the Bonn Drain. A feasibility study was completed in August 2002. An MNR grant is available. Maintenance is municipal responsibility, however the landowner can operate the control feature in case of emergency. RES. NO. 2 Moved by Mooser Seconded by Bodnar RESOLVED that the Engineer’s Report for the Bonn Drain, be accepted and the Clerk is instructed to draw up the necessary by-law. DISPOSITION: Carried SUBJECT: PLANNING MATTERS The Mayor brought forward two matters for discussion: 1. Proposed Cleaning & Clearing of Land By-law – The Mayor enquired about the status of this by-law. The Administrator/Treasurer reported that we are awaiting information from the municipal solicitor. The Mayor reported a ratepayer had contacted him asking how the by-law would affect rural lands. It was noted that the same provisions as in the property standards by-law are proposed, that is the focus is on lands in built-up areas, not farms. The Deputy Mayor asked if public input would be requested prior to passing the by-law. It was decided that once the by- law is passed a synopsis would be provided to the public. 2. Proposed Noise By-law – The Mayor enquired about the status of this by-law. The Administrator/Treasurer reported that staff are in the process of preparing the by- law. SUBJECT: CORRESPONDENCE 1.* Town of North Perth – a) request for support of a resolution to reinstate the Municipal Outlet Drainage program b) request for support of a resolution re Bovine spongiform encephalopathy (BSE) 2.* Township of South-West Oxford - – request for support of a resolution to reinstate the Municipal Outlet Drainage program 3.* Municipality of Kincardine – request for support of a resolution for Province re reconsider it position to phase out the MOD program 4.* Town of Lakeshore – Municipal Outlet Drainage Program 5.* Town of Kingsville – Municipal Outlet Drainage Program 6.* Municipality of Chatham-Kent – Municipal Outlet Drainage Program Instruction 1(a), 2, 3, 4, 5, 6: RES. NO. 3 Moved by Bodnar Seconded by Wiehle RESOLVED that Council of the Municipality of West Elgin is in support of resolutions put forth by the Town of North Perth, the Township of South- West Oxford, the Municipality of Kincardine, the Town of Lakeshore, the Town of Kingsville and the Municipality of Chatham-Kent and hereby petitions the Province of Ontario to immediately reinstate the Municipal Outlet Drainage program and to uphold its prior commitments to rural municipalities of Ontario DISPOSITION: Carried Aug 26, 2004…Pg 3 of 5 Instruction 1(b): RES. NO. 4 Moved by Mooser Seconded by Wiehle RESOLVED that Council of the Municipality of West Elgin is in support of a resolution put forth by the Town of North Perth that requests the provincial and federal levels of government to provide financial support directly to the red meat producers who are experiencing unbearable financial losses in order to sustain the red meat industry in Canada and continue to negotiate with the United States and other countries for the export of Canadian red meat. DISPOSITION: Carried 7.* Gary Merritt – Parking Lot - West Elgin Community Health Centre Instruction: Clerk to notify Mr. Merritt of Council’s requirements for the agreement. RES. NO. 5 Moved by Bodnar Seconded by Mooser RESOLVED that the correspondence be dealt with as per the instruction of Council as noted. DISPOSITION: Carried SUBJECT: CLOSED SESSION RES. NO. 6 Moved by Mooser Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin adjourn to a closed session to discuss personal matters about an identifiable individual and litigation or potential litigation. DISPOSITION: Carried RES. NO. 7 Moved by Wiehle Seconded by Mooser RESOLVED that the Council of the Municipality of West Elgin do now rise and report. DISPOSITION: Carried SUBJECT: PART-TIME ROAD EMPLOYEE RES. NO. 8 Moved by Mooser Seconded by Bodnar RESOLVED that Dave Tuffin’s part-time employment be extended until he starts the night shift for winter control. DISPOSITION: Carried SUBJECT: SIDEWALK MAINTENANCE PROGRAM The Road Superintendent presented a proposed sidewalk maintenance program developed by the Recreation Superintendent and himself. The proposal noted that the Road Superintendent would be responsible for construction in both villages and maintenance in Rodney, the Recreation Superintendent would be responsible for maintenance in West Lorne. Green Street Landscaping will spray weeds in both villages. Staff are looking to fabricating a street sweeper to use in the curbed areas. Council agreed with the proposal as presented. Aug 26, 2004…Pg 4 of 5 SUBJECT: PORT GLASGOW COMFORT STATION The Mayor reported on changes to the comfort station. SUBJECT: QUEST CENTRE REQUEST FOR FUNDING The Administrator/Treasurer reported that an estimate of 25% of the users is from West Elgin, however no data is available. Council did not support the request for funding. SUBJECT: TENDERS FOR WEST ELGIN WATER TREATMENT PLANT UPGRADES The following tenders were received by Council for upgrades to the West Elgin Water Treatment Plant: K & L Construction $ 914,700.00 plus GST Finnbilt General Contracting $ 969,106.00 plus GST 969774 Ontario Limited $ 992,816.09 plus GST Reid & Deleye Construction $1,029,991.00 plus GST The John Hayman & Sons Company $1,038,000.00 plus GST Facca Incorporated $1,063,000.00 plus GST Council reviewed a report from Stantec Engineering on the tenders. RES. NO. 9 Moved by Mooser Seconded by Wiehle RESOLVED that the Council of the Municipality of West Elgin accepts the tender of K & L Construction in the amount of $ 914,700.00 plus GST for the upgrades at the Water Treatment Plant subject to the approval of the Tri County Management Committee and that the Mayor and Clerk be authorized to sign the necessary document. DISPOSITION: Carried SUBJECT: CLACHAN HALL ROOF The Mayor reported that Mr. Ed Schneider had informed him that he could not meet his commitments to repair the Clachan Hall roof due to health reasons. The Administrator/Treasurer reported that Mr. Machado (Bob Doherty’s partner) had advised that they would honour their previous quotation for the roof repair. RES. NO. 10 Moved by Bodnar Seconded by Wiehle RESOLVED Resolution No. 1 passed on July 22, 2004 be hereby repealed. AND FURTHER BE IT RESOLVED that Council accept the quotation from Bob Doherty in the amount of $9,230.00 plus GST for the replacement of the roof on Clachan Hall. DISPOSITION: Carried SUBJECT: ACCOUNTS RES. NO. 11 Moved by Wiehle Seconded by Bodnar RESOLVED that the Mayor and Administrator/Treasurer be and they are hereby authorized to sign Payment Voucher #8 amounting to $1,086,803.44 in settlement of General, Road, Water and Arena Accounts (including cheques 10211-10535). DISPOSITION: Carried Aug 26, 2004…Pg 5 of 5 SUBJECT: WEST LORNE DOWNHILL DERBY Councillor Mooser reported that the businesses in West Lorne have advised that they do not want Main Street closed for the Downhill Derby. The businesses do not support the downhill derby and said they will close that day. It was noted that Council has already passed a resolution authorizing the closure. SUBJECT: CHATHAM-KENT MAYOR’S GOLF TOURNAMENT Proceeds from this tournament support the Mayor Youth Council of Chatham-Kent. Council authorized Councillor Mooser to attend as this event provides a valuable opportunity for networking with our adjacent municipality. The municipality will pay the entrance fee. SUBJECT: CONFIRMATION BY-LAW RES. NO. 12 Moved by Bodnar Seconded by Wiehle RESOLVED that the mover be granted leave to introduce a By-Law to th confirm the proceedings of the meeting of Council held on August 26, 2004 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 13 Moved by Mooser Seconded by Bodnar RESOLVED that a By-law to confirm the proceedings of the meeting of th Council held on August 26, 2004 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-62 – Confirming By-law August 26 2004. DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 14 Moved by Mooser Seconded by Wiehle RESOLVED that this Regular Meeting of Council shall adjourn at 2:05 p.m. th to meet again on September 9, 2004. DISPOSITION: Carried th These minutes were adopted on September 9, 2004 . ___________________________ _______________________________ MAYOR CLERK