January 08, 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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JANUARY 8, 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
SUBJECT: MINUTES
RES. NO. 1 Moved by Mooser
Seconded by Wiehle
RESOLVED that the minutes of the meetings held on the following dates
be adopted as printed and amended:
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Amendment: December 18, 2003, page 3, 2 paragraph, 3 line
Change to “reduced or change the due date…”
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December 1, 2003 Inaugural Meeting of Council
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December 11, 2003 Council
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December 18, 2003 Council
DISPOSITION: Carried
SUBJECT: ROADS REPORT
The Acting Road Superintendent presented his monthly report. He further advised that
the Acting Foreman and himself were alternating patrol week about and that whoever
was performing this duty would carry the Road Superintendent cell phone and that the
OPP has been advised
SUBJECT: WINTER CONTROL
The Acting Road Superintendent requested Council consider hiring of a part-time
equipment operator on an on-call basis to provide snow removal service to the villages.
This would help provide service during winter storms and in case of sick leave. We
would be looking for someone with past municipal experience, as there is no time for
training.
A recorded voted was requested by Councillor Mooser
RES. NO. 2 Moved by Balint
Seconded by Bodnar
RESOLVED that Council approve the hiring of an equipment operator for
the Road Department on an “on-call” basis to be paid for the hours worked
only.
January 8, 2004…Pg 2 of 8
Balint yes Wiehle yes
Bodnar yes Warwick yes
Mooser no
DISPOSITION: Carried
SUBJECT: RECREATION REPORT
The Recreation Superintendent presented the monthly report. He reported that
advertisements would be placed in the Chronicle and user groups contacted for
volunteer members for the Recreation Committee. Discussion took place regarding the
replacement roof and heating/air conditioning units for the Rodney Recreation Centre.
Spriet is to be contacted to prepare tenders for spring installation.
SUBJECT: CLOSED SESSION
RES. NO. 3 Moved by Wiehle
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. 4 Moved by Balint
Seconded by Mooser
RESOLVED that the Council of the Municipality of West Elgin do now rise.
DISPOSITION: Carried
SUBJECT: LETTER TO EDITOR, ST. THOMAS TIMES JOURNAL
It was brought to Council’s attention that R.J. O’Connor had written a letter to the Editor
of the St. Thomas Times Journal on December 3, 2003 under the signature as Co-
ordinator, Rodney Neighbourhood Watch. It was noted that that committee did not
discuss this. Further, the Neighbourhood Watch is under the Community Policing
Committee. Council determined that Mr. O’Connor has overstepped his bounds and his
resignation as Secretary of the Community Policing Committee be requested.
SUBJECT: BUILDING REPORT
The Chief Building Official was not in attendance. Council reviewed his report for the
months of October, November and December 2003. In October nine permits were
issued totalling $302,500.00 worth of construction. In November, two permits were
issued totalling $119,700.00 worth of construction. In December, four permits were
issued totalling $76,000.00 worth of construction.
A year-end building report was also presented. The report gave a summary of number
of permits, number of houses built and value of construction for the last ten years. In
2003 there were 108 permits, 15 houses and value of construction of $3,817,400.00.
SUBJECT: WATER REPORT
The Water Superintendent presented his monthly report. He reported further to
correspondence received from Southwest Middlesex regarding providing connection to
Beattie Haven, he would discuss the matter with Beattie Haven and Southwest
Middlesex.
January 8, 2004…Pg 3 of 8
SUBJECT: DRAIN APPORTIONMENT – A & L KIERASZEWICZ
RES. NO. 5 Moved by Balint
Seconded by Bodnar
RESOLVED that the Council approves the agreement on share of
drainage assessment on the Barrett Drain Tile Portion 1970, the Barrett
Drain Tile Portion 1997 and the Morden Drain 1987 as requested by A & L
Kieraskewicz under Section 65 (6) of the Drainage Act.
Barrett Drain Tile Portion 1970
Original Assessment New Assessment
Concession 8 Pt. Lot D 3.1 ha. 0.9 ha.
1.7% 1.32% 0.38%
Barrett Drain Tile Portion 1977
Original Assessment New Assessment
Concession 8 Pt Lot D 5.9 ha. 0.9 ha.
11.55% 10.03% 1.52%
Morden Drain 1987
Original Assessment New Assessment
Concession 8 Pt Lot D 59.5 ha. 0.8 ha.
Benefit - $1200.00 Benefit - $1200.00 Benefit - $0
Outlet - $630.00 Outlet – $620.00 Outlet -$10
SUBJECT: BY-LAW 2004-01 – APPOINTMENT OF ACTING ROAD
SUPERINTENDENT
RES. NO. 6 Moved by Bodnar
Seconded by Balint
RESOLVED that the mover be granted leave to introduce a By-Law to
appoint an Acting Road Superintendent and this shall be the first and
second reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 7 Moved by Wiehle
Seconded by Bodnar
RESOLVED that a By-law to appoint an Acting Road Superintendent be
now read a third time and finally passed, signed, sealed and numbered
By-law Number 2004-01 – Acting Road Superintendent.
DISPOSITION: Carried
SUBJECT: BY-LAW 2004-02 – APPOINT LIVESTOCK VALUERS, POUNDKEEPERS
AND FENCE VIEWERS
RES. NO. 8 Moved by Mooser
Seconded by Wiehle
RESOLVED that the mover be granted leave to introduce a By-Law to
prohibit the running at large of livestock, the trespassing of animals and to
appoint livestock valuers, poundkeepers and fenceviewers and this shall
be the first and second reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 9 Moved by Wiehle
Seconded by Mooser
RESOLVED that a By-law to prohibit the running at large of livestock, the
trespassing of animals and to appoint livestock valuers, poundkeepers and
fence viewers be now read a third time and finally passed, signed, sealed
and numbered By-law Number 2004-02 – Appoint Livestock Valuers,
Poundkeepers and Fenceviewers.
DISPOSITION: Carried
January 8, 2004…Pg 4 of 8
SUBJECT: BY-LAW 2004-04 – AGREEMENT WITH TRIDON CONSTRUCTION
RES. NO. 10 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 between the Corporation of the
Municipality of West Elgin and Tridon Construction Ltd. and this shall be
the first and second reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 11 Moved by Wiehle
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 Tridon
Construction Ltd. be now read a third time and finally passed, signed,
sealed and numbered By-law Number 2004-03 – Agreement with Tridon
Construction.
DISPOSITION: Carried
SUBJECT: CORRESPONDENCE
1.* Morrison Hershfield – rehabilitation of Downie Line bridge
Instruction: File
2.* Municipality of Central Elgin – request for support of resolution regarding
enforcement of the Nutrient Management Act
Instruction:
RES. NO. 12 Moved by Balint
Seconded by Mooser
RESOLVED that Council of the Municipality of West Elgin is in support of a
resolution put forth by the Municipality of Central Elgin that expresses
displeasure with the change of enforcement of the Nutrient Management
Act to the Ministry of Environment instead of the Ministry of Agriculture
DISPOSITION: Carried
3.* Enchanted Hideaway – request to cancel omitted assessment tax bill
Instruction: Forward copy of resolution no. 16 below
4.* Hickory Grove - request to cancel omitted assessment tax bill
Instruction: Forward copy of resolution no. 16 below
5.* Rodney Aldborough Agricultural Society – invitation to annual meeting to be held
on January 27, 2004
Instruction: File
6. AMO Alert - Affordable housing concerns addressed by Minister
Municipal government exempt from Value-for- Money audits
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AMO has been heard on Planning Reform
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City of Toronto Pesticide By-law upheld by Superior Court
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Province takes responsibility for nuisance bears
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Moratorium on water-taking permits announced
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Municipalities to receive blue box funds
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End of year wrap-up for municipal government
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Instruction: File
January 8, 2004…Pg 5 of 8
7. Federation of Canadian Municipalities – Paul Martin sworn-in
Instruction: File
8. Imperial Oil – Corporate Citizenship Report
Instruction: File
9. OMAF – Bulletin December 9, 2003
Instruction: File
10. Greg Sorbara, MPP - congratulations
Instruction: File
11. Optimist Club of West Lorne – certificate of participation in 2003 Santa Claus
Parade
Instruction: File
12. Ministry of Municipal Affairs – 2003 Performance Measurement Program
Instruction: File
13. Thames Talbot Land Trust – newsletter and membership application
Instruction: File
14. 2004 Communities in Bloom
Instruction: File
15. City of Toronto – request for proposals re waste disposal
Instruction: File
16. Ministry of Finance – 2004 Community Reinvestment Fund
Instruction: File
17. Ontario Pork - calendar
Instruction: File
18. County of Elgin Land Division Committee – Notice of Decision: Van Bemmel
Instruction: File
19. County of Elgin Land Division Committee – Notice of Decision: McFadden
Instruction: File
20. County of Elgin Land Division Committee – Notice of Decision: Krzyworaczka (3
applications)
Instruction: File
21. Natural Resources Canada – Help for Homeowners (EnerGuide)
Instruction: File
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22. Communities in Bloom Ontario – notice of workshop in Chatham on January 30,
2004.
Instruction: File
23. CUPE – risk to international trade agreements and P3s
Instruction: File
24. The Senate Report – Fall 2003
Instruction: File
January 8, 2004…Pg 6 of 8
RES. NO. 13 Moved by Balint
Seconded by Bodnar
RESOLVED that the correspondence be dealt with as per the instructions
of Council as noted.
DISPOSITION: Carried
DELEGATION: ANDY CIPU – AQUAFIT PROGRAM
Mr. Cipu attended Council to request Council grant a credit for time not used in the
aquafit program in 2002. Mr. Cipu explained he had paid $60.00 in advance for aquafit
and due to it being cold he and his wife did not participate in the program in August. He
further noted that the receipt did not specify that the time be used in 2002. Councillor
Balint noted that memberships are not given and there is no record of Mr. and Mrs. Cipu
usage.
Mr. Cipu further reported to Council that he had prepared a video of the pool opening
and provided a copy to the library.
The Mayor noted that Council does not want to set a precedent by providing a credit.
However, appreciation has not been shown for the video he prepared.
RES. NO. 14 Moved by Bodnar
Seconded by Wiehle
RESOLVED that Council in appreciation of video submitted by Andy Cipu
on pool activities in 2001, Mr. Cipu be given a credit of 20 hours of aquafit
program in 2004.
DISPOSITION: Carried
SUBJECT: REPRESENTATION ON ELGIN GROUP POLICE SERVICES BOARD
RES. NO. 15 Moved by Wiehle
Seconded by Bodnar
RESOLVED that Council of the Municipality of West Elgin recommends to
the County of Elgin that Wayne Ward be appointed to the Elgin Group
Police Services Board.
DISPOSITION: Carried
SUBJECT: REASSESSMENT OF TRAILER PARKS
Further to discussions at previous Council meetings regarding the 2003 supplementary
tax bills and assessment for trailers, the following resolution was presented.
RES. No. 16 Moved by Balint
Seconded by Mooser
WHEREAS Regulation 390/03 was filed on October 30, 2003 exempting
“omitted assessments” for trailers for the 2001 and 2002 taxation years but
not for the 2003 taxation year; and
WHEREAS not all campgrounds have been re-assessed for 2003 and thus
not all campgrounds are being treated the same; and
WHEREAS notice of “omitted assessment” were not issued until
November 2003, after the trailer owners have paid their fees for 2003 and
returned to their permanent residence.
THEREFORE BE IT RESOLVED that the Council of the Corporation of the
Municipality of West Elgin hereby requests the Minister of Revenue pass a
regulation to exempt the “omitted assessment” for trailers for the 2003
taxation year.
DISPOSITION: Carried
January 8, 2004…Pg 7 of 8
Staff were directed to forward the resolution to all Ontario municipalities for their support
and endorsement.
SUBJECT: PORT GLASGOW COMFORT STATIONS
The Mayor reported that he had met with the Port Glasgow Yacht Club members to
discuss the terms of an agreement with the municipality. Three items the Yacht Club
did not agree to pay for were taxes, insurance and pay back of the capital costs. They
agree to maintain the building. The Yacht Club felt that a better location was on their
land for visual supervision and maintenance.
Councillor Mooser noted that the Yacht Club should have some responsibility for the
operation of the comfort stations. They should pay for the insurance, taxes and
maintenance of the building. The municipality pay for the construction.
Council determined that the Yacht Club should pay for the operation of the comfort
stations and if they disagree the comfort stations will be located on municipal property.
SUBJECT: CLOSED SESSION
RES. NO.17 Moved by Balint
Seconded by Bodnar
RESOLVED that the Council of the Municipality of West Elgin adjourn to a
closed session to discuss a proposed or pending acquisition or disposition
of land and labour relations or employee negotiations.
DISPOSITION: Carried
RES. NO. 18 Moved by Wiehle
Seconded by Mooser
RESOLVED that the Council of the Municipality of West Elgin do now rise
and report.
DISPOSITION: Carried
SUBJECT: EMPLOYEE WAGES
RES. NO. 19 Moved by Bodnar
Seconded by Wiehle
RESOLVED that Council approve a 3% wage increase for 2004.
DISPOSITION: Carried
SUBJECT: PROPERTY TAXES FOR LEGIONS
Councillor Mooser inquired if the West Lorne and Rodney legions could be exempt from
property taxes. He noted that Chatham-Kent do not require their legions to pay taxes.
The Administrator-Treasurer will investigate.
SUBJECT: BUS ROUTES
Councillor Mooser requested a letter be sent to Badder Bus Lines regarding the route
used by their buses in West Lorne. The buses should be using Finney Street to Jane
Street to Graham Road. Staff were directed to forward a letter.
January 8, 2004…Pg 8 of 8
SUBJECT: CONFIRMATION BY-LAW
RES. NO. 20 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 January 8,
2004 and this shall be the first and second reading and provisional
adoption thereof.
DISPOSITION: Carried
RES. NO. 21 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 January 8, 2004 be now read a third time and finally
passed, signed, sealed and numbered By-law Number 2004-04 –
Confirming By-law January 8 2004.
DISPOSITION: Carried
SUBJECT: ADJOURNMENT
RES. NO. 22 Moved by Mooser
Seconded by Wiehle
RESOLVED that this Regular Meeting of Council adjourn at 5:10 p.m. to
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meet again on January 22, 2004.
DISPOSITION: Carried
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These minutes were adopted on the 12 day of February, 2004.
___________________________ ____________________________
Mayor Clerk