February 12, 2004 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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FEBRUARY 12, 2004
MEMBERS PRESENT: Mayor Graham Warwick, Deputy Mayor Bernie Wiehle
Councillors Trudy Balint, Mary Bodnar, Michael Mooser
STAFF PRESENT: Joanne Groch Administrator/Treasurer
Norma Bryant Clerk
Paul VanVaerenbergh Acting Road Superintendent
Jeff Slater Recreation Superintendent
Lloyd Jarvis Water Superintendent
Bill Douglas By-law Enforcement Officer
DELARATION OF PECUNIARY INTEREST:
Deputy Mayor Bernie Wiehle declared a pecuniary interest in Item E4 on the Agenda.
SUBJECT: MINUTES
RES. NO. 1 Moved by Bodnar
Seconded by Balint
RESOLVED that the minutes of the meetings held on the following dates
be adopted as printed and circulated.
January 8, 2004 Council
January 22, 2004 Council
January 22, 2004 Rezoning Public Meeting - Kieraszewicz
DISPOSITION: Carried
SUBJECT: ROADS REPORT
The Acting Road Superintendent presented his monthly report. He further reported that
one payment has been received (six mailed out) regarding the billing for extra work and
material relating to the EDR incident on January 15, 2004. Councillor Mooser requested
the catch basins be cleaned out from snow and ice as during thawing, water is running
over sidewalks. The Deputy Mayor requested that snow be cleared to the tracks in
West Lorne to provide walking space so that people don’t have to walk on the road.
SUBJECT: RECREATION REPORT
The Recreation Superintendent presented the monthly report. He requested support
from Council to attend the Playground Practitioner program in Hamilton on March 22-26,
2004. Standards have changed and this will provide updated information on
requirements that need to be followed. Council agreed with the request. A recreation
brochure is being developed.
February 12, 2004…Pg 2 of 12
SUBJECT: RODNEY RECREATION CENTRE ROOF REPLACEMENT
Council reviewed a report from the Recreation Superintendent regarding the quotations
received for replacement of the roof. The heating and air conditioning unit will also be
replaced and installed in conjunction with the roof replacement.
RES. NO. 2 Moved by Balint
Seconded by Bodnar
RESOLVED that the Council of the Municipality of West Elgin accept the
revised quotation in the amount of $45,950.00 plus GST by Keller Roofing
for the Rodney Recreation Centre roof replacement.
DISPOSITION: Carried
SUBJECT: GRANTS FOR DRAIN MAINTENANCE AND DRAINAGE
SUPERINTENDENT
RES. NO. 3 Moved by Wiehle
Seconded by Mooser
RESOLVED that Council of the Corporation of the Municipality of West
Elgin approves the application for 2004 OMAF Drain
Maintenance/Superintendent Program Grant Allocation in the amount of
$25,000.00 for the Drain Maintenance portion and $23,500 for the
Superintendent portion.
DISPOSITION: Carried
SUBJECT: SUSTAINABLE WATER & SEWAGE SYSTEMS ACT, 2002
Council reviewed a report from the Administrator/Treasurer regarding the requirements
of the Sustainable Water & Sewage Systems Act.
RES. NO. 4 Moved by Wiehle
Seconded by Mooser
RESOLVED that Council request proposals from Stantec Consulting and
Spriet Associates to prepare required reports under the Sustainable Water
& Sewage Systems Act, 2002
DISPOSITION: Carried
SUBJECT: BY-LAW ENFORCEMENT
Councillor Mooser asked why vehicles in driveways without license plates cannot be
removed? The By-law Enforcement Officer reported that this is not a violation under our
present by-law. He is reviewing the by-law and will report back to Council. Discussion
arose regarding receipt of complaints. The Clerk noted that the name of the person who
signs the complaint form is kept in full confidence and is not reported. It is important
that the complaint sign the form in case appearance at court is required.
SUBJECT: TREATEMENT OF SEWAGE: PORT GLASGOW COMFORT STATION
The Water Superintendent reported that in order to allow sewage from one property to
be treated at another property permission must be obtained from the Ministry of the
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Environment. He reported on a meeting held with MOE officials on January 30. Also
in attendance at that meeting was Greg Ford of Septec. Mr. Ford has submitted a
proposal for designing a suitable system and securing approval from MOE. The system
will service the existing marina building, boats pump-outs, allow for a future connection
for a second washroom and proposed comfort station on municipal property. Further he
submitted an estimate of installation costs. It was noted that after review by MOE the
proposed system is 4X larger than what was previously discussed. A UV component is
February 12, 2004…Pg 3 of 12
also being utilized. The costs have therefore increased but savings will occur by using
municipal staff under the direction of Mr. Ford.
RES. NO. 5 Moved by Balint
Seconded by Bodnar
RESOLVED that Council authorize Septec to proceed with the design of a
servicing plan for Port Glasgow comfort station and marina property and
submit plans to MOE at the cost of $4,100.00 plus GST.
DISPOSITION: Carried
SUBJECT: PORT GLASGOW COMFORT STATION PROJECT
After discussions with the Yacht Club members and Council it has been agreed that the
best location for the comfort station is on municipal property. The Mayor has met with
representatives from the Yacht Club and we are now in a position to draft an agreement.
Staff were directed to prepare an agreement for Council review.
RES. NO. 6 Moved by Mooser
Seconded by Wiehle
RESOVLED that Council approve the location of Building A (larger
building) – Port Glasgow Comfort Station be on municipal property, west of
Havens Lake Road.
DISPOSITION: Carried
SUBJECT: GRAHAM ROAD WATER CONNECTIONS
Councillor Mooser reported on a meeting held with our Mayor, the Mayor and Deputy
Mayor of Southwest Middlesex regarding the Graham Road waterline, north of Highway
401. In his opinion there are three options: West Elgin have own line to river; meters be
constructed at intersections to hook up to Graham Road waterline; and thirdly, direct
connection to Graham Road waterline and the user become Southwest Middlesex
customers. The Mayor reported that Southwest Middlesex is concerned about their
water capacity running out but we have 16 owners on a petition presently, which isn’t a
great number. There is also a question regarding MOE requirements and costs with
changing ownership along a waterline. Further discussion will be held at Southwest
Middlesex council.
SUBJECT: WATER REPORT
The Water Superintendent presented his monthly report.
DELEGATION: DONNA LUNN, ELGIN CONNECTS
Mrs. Lunn appeared before Council to present an update on wireless internet project.
Funding has been obtained from provincial and federal sources. Detailed engineering
study is underway. There will be a wireless tower north of West Lorne and fibre will be
connected to the municipal office.
A mapping of agribusiness and farms has been completed which reference 9-1-1
addressing with potential safety hazards. This information will be available to
emergency personnel only.
Mrs. Lunn expressed a concern about Bell Canada’s proposed DSL coverage to villages
in West Elgin. The rural areas will not be covered with DSL. She will address this issue
with CRTC and Bell Canada. Our vendor has spent considerable money on
infrastructure and without the villages and business the profitability may be lost. She
noted that sign up with Bell Canada should be discouraged.
February 12, 2004…Pg 4 of 12
Council adjourned to Committee of Adjustment and resumed their meeting thereafter.
SUBJECT: ROYAL CANADIAN LEGION TAX REBATE
Council reviewed a report from the Administrator/Treasurer regarding tax rebates for
Royal Canadian Legions.
RES. NO. 7 Moved by Wiehle
Seconded by Bodnar
RESOLVED that Council request the County of Elgin amend By-law 98-34
to include Royal Canadian Legions.
And further that the County are requested to assume their portion of the
refund.
DISPOSITION: Carried
SUBJECT: BUSINESS LICENSING
Council reviewed a report from the Clerk regarding the new legislation for business
licensing. It was recommended that the municipality not enact a new licensing by-law
under Municipal Act 2001. Council agreed with the recommendations contained in the
report.
SUBJECT: ACCOUNTS VOUCHER
RES. NO. 8 Moved by Wiehle
Seconded by Balint
RESOLVED that the Mayor and Administrator/Treasurer be and they are
hereby authorized to sign Payment Voucher #2 amounting to $301,121.00,
in settlement of General, Road, Water and Arena Accounts (including
cheques #8820-8837, 9034-9214.
DISPOSITION: Carried
DELEGATION: TRACY GRANT, NORMA SCHNEKENBURGR, EBBA SCHMID
RE: CLOSING OF RURAL SCHOOLS
Mrs. Grant reviewed a draft document entitled “Concerns and Recommendations for the
Minister’s School Closure Review”. This document will be submitted to the Minister on
behalf of the West Elgin Secondary School Council. The report contains six
recommendations for the Minister’s review.
Mrs. Grant noted that the Board has reported that 46 students from our area are going
to alternate schools, there is no information on separate school students attending high
school elsewhere.
The Mayor reported that the County is supportative. The Deputy Mayor noted that
schools are important to our community and there are costs to taxpayers, communities
and to students when schools are closed. Mrs. Grant noted that educating everyone on
real issues is important. The community has been supporting the schools in areas
where the school board isn’t.
Mrs. Schnekenburger reported on the letter campaign “Preserve Rural Education”.
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There will be workshops on March 3 at West Lorne Community Centre at 2:00 and
7:30 p.m. to get public input in preparation for the sessions being hosted by the Minister
of Education.
February 12, 2004…Pg 5 of 12
SUBJECT: LETTER TO MINISTER OF EDUCATION
The Deputy Mayor read a draft letter to the Minister of Education regarding the closing
of rural schools. Mrs. Grant agreed with the points raised.
RES. NO.9 Moved by Wiehle
Seconded by Mooser
WHEREAS the Minister of Education has issued a moratorium on school
closing,
THEREFORE BE IT RESOLVED that Council of the Corporation of the
Municipality of West Elgin, requests the Minister of Education to use this
time to consult and negotiate with municipal governments and community
organizations to address and study the following issues and needs:
1. How the availability of quality schooling affects the well being of our
communities.
2. That communities have made and will continue to make significant
investments in local schools, which are never fully appreciated or
acknowledged. Will these investments continue to be made to large
distant schools?
3. More dual use for school and community facilities. Sharing facilities can
save costs. There must be more communication between schools,
school boards and local governments / community organizations to
realize these cost savings.
4. Local government cannot afford the cost of decommissioning closed
and derelict schools. Why are these cost not truly accounted for when
discussing school closure and these costs not borne by the school
boards?
5. Educational programs don’t always address the needs of the
community, closing a school will make these programs even less
relevant to the community.
6. Our school catchment area is over 600 sq. km., which is greater in size
than the City of London. With mandatory group and teamwork, some
students already have to travel some 50 km. to meet with partners;
these students will suffer even more if partnered with students further
away.
7. Many separate school students are bussed out of the area. It should be
studied to determine if their education and religious needs could be
addressed at the local school.
8. The funding formula needs to be changed. There seems to be money
available to build new and facilities schools but never enough to run
existing facilities.
DISPOSITION: Carried
SUBJECT: BY-LAW 2004-09 – AMEND BY-LAW 98-44, PLANNING TARIFFS
RES. NO. 10 Moved by Bodnar
Seconded by Balint
RESOLVED that the mover be granted leave to introduce a By-Law to
amend By-law 98-44 being a by-law to prescribe a tariff of fees for the
processing of applications made in respect of planning matters and this
shall be the first and second reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 11 Moved by Wiehle
Seconded by Bodnar
RESOLVED that a By-Law to amend By-law 98-44 being a by-law to
prescribe a tariff of fees for the processing of applications made in respect
February 12, 2004…Pg 6 of 12
of planning matters be now read a third time and finally passed, signed,
sealed and numbered By-law Number 2004-09 – Amend By-law 98-44,
planning tariffs
DISPOSITION: Carried
SUBJECT: BY-LAW 2004-10 – FEES & CHARGES – PLANNING
RES. NO. 12 Moved by Wiehle
Seconded by Mooser
RESOLVED that the mover be granted leave to introduce a By-Law to
establish various fees and tariff for services provided by the Planning
Department of the Municipality and this shall be the first and second
reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 13 Moved by Mooser
Seconded by Wiehle
RESOLVED that a By-Law to establish various fees and tariff for services
provided by the Planning Department of the Municipality be now read a
third time and finally passed, signed, sealed and numbered By-law
Number 2004-10 – Fees & Charges – Planning
DISPOSITION: Carried
SUBJECT: BY-LAW 2004-11 – INTERIM TAX LEVY
RES. NO. 14 Moved by Balint
Seconded by Bodnar
RESOLVED that the mover be granted leave to introduce a By-Law to
provide for an interim tax levy for the year 2004 and this shall be the first
and second reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 15 Moved by Bodnar
Seconded by Balint
RESOLVED that a By-Law to provide for an interim tax levy for the year
2004 be now read a third time and finally passed, signed, sealed and
numbered By-law Number 2004-11 – Interim tax levy
DISPOSITION: Carried
SUBJECT: BY-LAW 2004-12 – AGREEMENT WITH COUNTY OF ELGIN
RE: ROAD MAINTENANCE
RES. NO. 16 Moved by Wiehle
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 the County of Elgin and this shall be the
first and second reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 17 Moved by Mooser
Seconded by Wiehle
RESOLVED that a By-Law to authorize the execution of an agreement
between the Corporation of the Municipality of West Elgin and the County
of Elgin be now read a third time and finally passed, signed, sealed and
numbered By-law Number 2004-12 – Agreement with County
DISPOSITION: Carried
February 12, 2004…Pg 7 of 12
SUBJECT: BY-LAW 2004-13 – AGREEMENT WITH CRANE AND CANADA
SOUTHERN RAILWAY
RES. NO. 18 Moved by Mooser
Seconded by Wiehle
RESOLVED that the mover be granted leave to introduce a By-Law to
authorize the execution of an agreement with James Edwin Crane and
Canada Southern Railway Company and this shall be the first and second
reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 19 Moved by Wiehle
Seconded by Mooser
RESOLVED that a By-Law to authorize the execution of an agreement
with James Edwin Crane and Canada Southern Railway Company be now
read a third time and finally passed, signed, sealed and numbered By-law
Number 2004-13 – Agreement with Crane and Canada Southern Railway
DISPOSITION: Carried
SUBJECT: CORRESPONDENCE
1.* City of Sarnia re: request for support of a resolution requesting a review of the
current assessment system
Instruction:
RES. NO. 20 Moved by Wiehle
Seconded by Mooser
RESOLVED that Council of the Municipality of West Elgin is in support of a
resolution put forth by the City of Sarnia that requests the Province of
Ontario to review the current assessment system.
DISPOSITION: Carried
2.* City of Sarnia re: request for support of a resolution requesting a review of MPAC
Instruction:
RES. NO. 21 Moved by Balint
Seconded by Bodnar
RESOLVED that Council of the Municipality of West Elgin is in support of a
resolution put forth by the City of Sarnia that requests the Minister of
Finance to undertake a review of MPAC’s role and responsibility to
improve service.
DISPOSITION: Carried
3.* County of Oxford re: request for support of a resolution regarding OSTAR funding
Instruction:
RES. NO. 22 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 County of Oxford that requests the Province of
Ontario and government of Canada to commit to their fair share of the
funding of capital upgrade expenditures for water, i.e. one third being paid
by each level of government.
DISPOSITION: Carried
4.* J.B Galway re: request for support of a resolution calling for a new assessment
process
Instruction: File
February 12, 2004…Pg 8 of 12
5.* Gary Merritt re: closure of Albert Street, Rodney
Instruction: Defer to next meeting to allow Council to visit the site.
6. Summer Career Placement application
Instruction:
RES. NO. 23 Moved by Balint
Seconded by Bodnar
RESOLVED that Council make application under 2004 Summer Career
Placement program.
DISPOSITION: Carried
7.* Elgin Group O.P.P. re: Elgin Group Contract Revised 2003 Estimates
Instruction: File
8.* Elgin Group O.P.P. re: Estimated 2004 Policing Costs – O.P.P.
Instruction: File
9. Hon. Gar Knutson re: application and guidelines for funding of Canada Day
Instruction: File
10. AMO Alert - AMO successful in achieving financial support for Child Care
AMO expresses concern about recent Federal rumblings around
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the anticipated “New Deal”
Province begin consultations on Ontario with Disabilities Act
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New Deal on the way for Ontario’s municipalities, AMO seeks
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trilateral agreement
Changes to Deputy Minister appointments
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TVO televised campaign
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Doctor shortages
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Instruction: File
11. Federation of Canadian Municipalities:
– Speech from Throne marks new chapter for Canada’s municipal
governments
Update – Liberal caucus retreat and New Deal
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Sustainable Community Awards
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Instruction: File
12.* George Smitherman, Minister of Health and Long-Term Care re: Four Counties
Health Services
Instruction: File
13. OMAF Bulletin, January 9, 2004
Instruction: File
14. Environment and Plastic Industry Council (EPIC) Report: All Plastic Bottle
Collection
Instruction: File
15. Ontario Good Roads Association Report of Nominating Committee
Instruction: File
16. Rural Ontario Municipal Association Reminder of 2004 Annual Conference
Instruction: File
February 12, 2004…Pg 9 of 12
17. Ontario Red Cross re: notice of lottery
Instruction: File
18. Ontario Federation of Anglers and Hunters re: spring bear hunt
Instruction: File
19. Royal Canadian Legion re: advertisement in convention booklet
Instruction: File
20.* Cowan Company re: reception at OGRA/ROMA conference
Instruction: File
21. Elgin St. Thomas Health Unit re: tobacco sales compliance
Instruction: File
22. West Elgin Community Parent Child Resource Centre re: thank you
Instruction: File
23.* Lower Thames Beacon, July – December 2003 publication
Instruction: File
24. Environment Canada re: Healthy Lawns/Plant Healthcare Workshop, February
18-19, Toronto
Instruction: File
25. Elgin Group Police Services Board re: minutes of November 25, 2003 meeting
Instruction: File
26. 2004 Pitch-In Canada Week campaign
Instruction: File
27. Ontario BIA Association re: Conference in Waterloo, March 21 – 23, 2004
Instruction: File
28.* Keith Kelly, WESPAC re: thank you for support of walking programme
Instruction: File
29. OSUM conference announcement, May 5 – 7, Owen Sound
Instruction: File
30. Multiple Sclerosis Society of Canada re: fund raising campaign
Instruction: File
31. County of Elgin re: support Central Elgin resolution regarding enforcement of
Nutrient Management Act
Instruction: File
32. Kinsmen Club of Canada re: support for “Message of Support” campaign
Instruction: File
33.* O.P.P. re: Multiple Vehicle Accident and closure of 401 – letter of appreciation
Instruction: File
34.* Steve Peters MPP copy of letter to Minster of Health re: Four Counties Health
Services
Instruction: File
February 12, 2004…Pg 10 of 12
5.* Steve Peters MPP copy of letter to Minister of Finance & Minster of Municipal
Affairs re: assessment of seasonal trailers
Instruction: File
36.* Steve Peters MPP copy of letter to Minister of Transportation re: EDR signage
Instruction: File
37. OGRA re: announcement of New Deal
Instruction: File
38. Lower Thames Valley Conservation Authority media release re: River and Creek
Safety Program
Instruction: File
39. Teranet Enterprises and MPAC re: Ontario Parcel project
Instruction: File
40. OMAF bulletin, February 5, 2004
Instruction: File
41. St. Thomas – Elgin Tourist Association re: Annual Report
Instruction: File
42. Volunteer Canada re: Canada Volunteerism Initiative
Instruction: File
43.* Village of Newbury, copy of correspondence to Honourable George Smitherman
re: Four Counties Health Services
Instruction: File
RES. NO. 23 Moved by Mooser
Seconded by Wiehle
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 Chamber of Commerce – December 13, 2003
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*West Elgin Chamber of Commerce – January 6, 2004
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*West Elgin Arena Board – January 12, 2004
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*West Elgin Parks and Recreation Committee – February 4, 2004
* Information enclosed
SUBJECT: 2004 COMMUNITY REINVESTMENT FUND (CRF) ALLOCATION
RES. NO. 24 Moved by Mooser
Seconded by Balint
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 2004 CRF Allocations in
accordance with the terms and conditions (Conditions of Community
Reinvestment Fund Allocations) attached to the letter of December 22nd,
2003 from the Deputy Ministers of Finance and Municipal Affairs and
Housing.
DISPOSITION: Carried
February 12, 2004…Pg 11 of 12
The Deputy Mayor declared a conflict of interest with the following item and left the
meeting.
SUBJECT: SITE PLAN REQUIREMENT FOR ERIE FLOORING
The Clerk reported that the Chief Building Official has received a request for an
exemption to the requirement for site plan approval for proposed structures on lands
operated by Erie Flooring in West Lorne. Council did not agree with this request.
The Deputy Mayor returned to the meeting.
SUBJECT: REVISED COUNTY TREE BY-LAW
The Clerk reported that a revised county tree by-law has been prepared and a public
consultation period has been established. Rob Lindsay, Elgin County Tree
Commissioner will schedule a delegation with Council to introduce the draft by-law and
the public will be invited to attend this meeting and provide input. Draft copies of the by-
law will be available at the municipal office.
SUBJECT: CLOSED SESSION
RES. NO.25 Moved by Balint
Seconded by Bodnar
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. 26 Moved by Bodnar
Seconded by Balint
RESOLVED that the Council of the Municipality of West Elgin do now rise.
DISPOSITION: Carried
SUBJECT: CONFIRMATION BY-LAW
RES. NO. 27 Moved by Mooser
Seconded by Bodnar
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 February 12,
2004 and this shall be the first and second reading and provisional
adoption thereof.
DISPOSITION: Carried
RES. NO. 28 Moved by Wiehle
Seconded by Bodnar
RESOLVED that a By-law to confirm the proceedings of the meeting of
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Council held on February 12, 2004 be now read a third time and finally
passed, signed, sealed and numbered By-law Number 2004-14 –
Confirming By-law February 12 2004.
DISPOSITION: Carried
February 12, 2004…Pg 12 o 12
SUBJECT: ADJOURNMENT
RES. NO. 29 Moved by Mooser
Seconded by Balint
RESOLVED that this Regular Meeting of Council adjourn at 4:30 p.m. to
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meet again on February 26, 2004.
DISPOSITION: Carried
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These minutes were adopted on the 11 day of March, 2004.
___________________________ ____________________________
Mayor Clerk