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July 08, 2004 Regular Meeting M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS TH JULY 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 DELARATION OF PECUNIARY INTEREST: None DELEGATION: PORT GLASGOW TRAILER PARK Also in attendance: Shelley Higginbottom, Betty Ennis, Grace Cross, Arlie and Ken Gibson, Gerry Miller, Pauline Durocher, Frances McFadden Mrs. Cross spoke on behalf of trailer owners addressing the policy regarding vacant lots. She feels that the trailers on the lakefront are being discriminated against as a different policy applies to them. She stated that the policy should be as follows: 1. All trailer owners should be permitted to sell their trailers on the lot, which the trailer is located. 2. Same rules should apply to all vacant lots. 3. Interested new campers should leave their name with the management. The Mayor reported that Council would review the policy (see page 6) SUBJECT: MINUTES RES. NO. 1 Moved by Mooser Seconded by Bodnar RESOLVED that the minutes of the meetings held on the following dates be adopted as printed and circulated. June 10, 2004 Council June 10, 2004 Court of Revision – Miller Drain June 24, 2004 Council June 24, 2004 Rezoning Public Meeting – Dewulf Family Farms DISPOSITION: Carried July 8, 2004…Pg 2 of 12 SUBJECT: ROADS REPORT The Acting Road Superintendent presented his monthly report. He reported that the final cost for the repair on C44 is $18,074.45. Paving is now complete in both villages at a cost of $50,445.00. Discussion arose regarding the responsibility between the end of a driveway and the asphalt pavement when re-paving is undertaken. The Acting Road Superintendent reported that the municipality will gravel this area and in the future he will meet with affected owners. The Acting Road Superintendent reported that two quotes had been received for the new mower less trade-in. Vandenbrink Farm Equipment quote was $2700.00 and Fullline Farm & Garden Equipment was $2600.00. Council authorized that the quote from Fullline Farm be accepted. SUBJECT: HERITAGE TREES The Deputy Mayor reported that he and Mr. Prieksaitis had preprared a draft policy for heritage trees. The Heritage Committee would like the municipality to notify them when a heritage tree is cut, both sides agree to cut tree down and if there were a dispute the Heritage Committee would hire their own aborist. After discussion it was decided that municipal staff should have input before adding any trees to the list. Further the municipality should agree with an aborist appointed by the Heritage Committee. The policy is to be reviewed further by the Deputy Mayor, the Acting Road Superintendent and Mr. Prieksaitis and report back to Council. SUBJECT: ENTRANCE PERMIT POLICY A by-law regarding the regulation of entrances and related fees was presented to Council. It was noted that this by-law does not address lands between the end of driveways and asphalt pavement. Staff were directed to develop a policy on this matter including maintenance of old entrances and new pavement in the villages. Council had no objections to the policy as presented. SUBJECT: RECREATION REPORT The Recreation Superintendent presented his monthly report. He further reported that a meeting would be scheduled with representatives from the Health Unit and the service clubs to explain the health safety rules. He reported that the replacement of the fence at Joe’s Bush could be considered as it looks like it is closed now. Strategically placed posts would suit the purpose and look better. Council directed he contact Mr. Schmidt and Mr. Prieksaitis. SUBJECT: CHANGE IN SHIFT TIMES FOR RECREATION DEPARTMENT The Recreation Superintendent presented a report outlining a proposed change in daily shift hours to 10 hours per day, with two shifts Monday to Thursday and a second Tuesday to Friday. This schedule will alleviate overtime hours. For weekend functions, st the days off would be shifted. This schedule will be in effect until September 1. Council requested that staff acknowledge in writing that they agree with the changes. July 8, 2004…Pg 3 of 12 SUBJECT: RECREATION COMMITTEE The Recreation Superintendent presented a report regarding changing the responsibilities of the Recreation Committee. The Committee feels that there should be a distinction between programming and facility operation with the Committee concentrating on programming. It is hoped that volunteers would be easier to attract with this change. Councillor Balint noted that the Committee needs to have the user groups involved, e.g. during soccer season would like a representative from soccer at the meetings. Council agreed to give this concept a try and if it doesn’t work we need to look at other alternatives such as hiring a programmer. SUBJECT: DISPOSAL OF 1983 FORD CUBE VAN The Recreation Superintendent presented a report regarding the disposal of 1983 Ford Cube Van. This van is presently being used to water flowers and the road department to replace the use of the van is building a trailer. RES. NO. 2 Moved by Wiehle Seconded by Bodnar RESOLVED that the 1983 cube van be declared surplus and offered for sale in October, in an as is condition. DISPOSITION: Carried SUBJECT: GRANDSTAND The Recreation Superintendent presented a report regarding repairs needed for the Rodney Grandstand. He has since met, on site, with the CBO and extensive repairs are not needed. However, repairs to the grandstand will need to be given serious consideration in next year’s budget or other alternatives considered. RES. NO. 3 Moved by Mooser Seconded by Balint RESOLVED that Council authorize the necessary repairs to the Grandstand. DISPOSITION: Carried SUBJECT: CLOSED SESSION RES. NO. 4 Moved by Bodnar Seconded by Balint 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. 5 Moved by Balint Seconded by Mooser RESOLVED that the Council of the Municipality of West Elgin do now rise. DISPOSITION: Carried Council adjourned to sit as the Committee of Adjustment and resumed their meeting thereafter. July 8, 2004…Pg 4 of 12 SUBJECT: ACCOUNTS RES. NO. 6 Moved by Mooser Seconded by Bodnar RESOLVED that the Mayor and Administrator/Treasurer be and they are hereby authorized to sign Payment Voucher # 7 amounting to $391,493.93, in settlement of General, Road, Water and Arena Accounts (including cheques #10075-10210). DISPOSITION: Carried SUBJECT: BUILDING DEPARTMENT The Chief Building Official was not in attendance. A change in the location of pipes in the Port Glasgow comfort station was presented and Council did not have any objections. SUBJECT: BY-LAW ENFORCEMENT The By-law Enforcement Officer was not in attendance. SUBJECT: BY-LAW 2004-34 – MILLER DRAIN RES. NO. 7 Moved by Mooser Seconded by Bodnar RESOLVED that 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 Miller Drain be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-34 – Miller Drain DISPOSITION: Carried SUBJECT: BY-LAW 2004-40 – REGULATE ENTRANCEWAYS RES. NO. 8 Moved by Balint Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-Law to regulate the construction or alteration of any entranceway, private road or access to a highway shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 9 Moved by Bodnar Seconded by Balint RESOLVED that a By-law to regulate the construction or alteration of any entranceway, private road or access to a highway shall be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-40 – Regulate entranceways DISPOSITION: Carried SUBJECT: BY-LAW 2004-42 – FEES AND CHARGES – ROADS RES. NO. 10 Moved by Wiehle Seconded by Mooser RESOLVED that the mover be granted leave to introduce a By-Law to establish various fees and tariffs for services provided by the Roads Department of the Municipality shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried July 8, 2004…Pg 5 of 12 RES. NO. 11 Moved by Mooser Seconded by Wiehle RESOLVED that a By-law to establish various fees and tariffs for services provided by the Roads Department of the Municipality shall be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-49 – Fees and Charges By-law – Roads DISPOSITION: Carried DELEGATION: CLACHAN HALL Also in attendance: Steve Johnson, Wendy Johnson, Chantelle Ellis, Duncan McPhail Mr. McPhail acted as spokesperson for the group and reported on the following items: 1. There is a lot of interest and support from the community, fundraising is going well. They have met with Trillium (Sheila Simpson) who informed them they couldn’t proceed with a project until approval is received from Trillium. 2. The roof is in bad shape and needs to be replaced this year. He is looking to the municipality to repair the roof and look after the tendering process. 3. The septic proposal needs a C of A from the Ministry of Environment. Also an easement is required. They feel the septic issue should be solved before proceeding with the severances. The committee will get a sketch and information regarding the proposed system from Neil McColl. Administration staff will approach Health Unit to determine their requirements. 4. They are requesting that in the short term their committee be designated as a committee of council. This will provide a direct link between council and the committee. Council agreed that the roof should be replaced this year and directed staff to undertake the necessary work. Further, staff will contact the Health Unit once plans are received regarding the proposed septic system. RES. NO. 12 Moved by Bodnar Seconded by Balint RESOVLED that the Clachan Hall Committee be established as a committee of council, And further that Mayor Warwick be designated as council representative. DISPOSITION: Carried DELEGATION: SIXTEEN MILE BRIDGE Captain Scott Smith of the 31 Combat Engineer Regiment (31 CER) reported that the labour and related costs would be borne by 31 CER and the materials and rentals (if required) would be paid by the municipality. Wood for the decking and handrails is estimated at $21,000.00. Three options for stringers were presented. With regard to construction, it was agreed that 31CER would remove the old bridge. The municipality will be required to sign a Provision of Services agreement. RES. NO. 13 Moved by Balint Seconded by Wiehle RESOLVED that Council appoint Spriet Associates to review Option 3 of 16 Mile Creek Bridge Replacement presented by 31 Combat Engineer Regiment and if agreeable proceed with circulation to Class EA Review Agencies. Councillor Mooser requested a recorded vote. July 8, 2004…Pg 6 of 12 Councillor Bodnar Yea Councillor Balint Yea Councillor Mooser NO Deputy Mayor Wiehle Yea Mayor Warwick Yea DISPOSITION: Carried SUBJECT: ELGIN CONNECTS The Mayor reported that the water tower is being considered for high-speed internet tower. Brad Rieve, Lloyd Jarvis and himself meet with representatives on site. The discussion was favourable. SUBJECT: WATER REPORT The Water Superintendent presented his monthly report. SUBJECT: PORT GLASGOW TRAILER PARK POLICY FOR VACANT LOTS AND TRAILERS Further to the delegation earlier, Council discussed revisions to the policy. The trailer owners want all vacant lots to be treated the same and all trailer owners to be able to sell their trailer with use of the lot it is located on. Council directed that a revised policy be prepared and reviewed with the trailer owners. SUBJECT: BY-LAW 2004-43 – WATER & SEWER RATES RES. NO. 14 Moved by Balint Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-Law to establish rates for contribution to the capital costs, consumption of water and use of sewage system shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 15 Moved by Bodnar Seconded by Mooser RESOLVED that a By-law to establish rates for 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 2004-42 – Water and Sewer Rates By-law DISPOSITION: Carried SUBJECT: TENDER FOR MILLER DRAIN The following tenders were received by Council for the Miller Drain: Timmermans Drainage $28,215.00 plus taxes Darrell Dick $27,968.00 plus taxes A.G. Hayter Contracting $36,873.00 plus taxes R.S. Graham Contracting $32,724.00 plus taxes Van Bree Drainage $23,915.00 plus taxes McKenzie & Henderson $34,119.00 plus taxes July 8, 2004…Pg 7 of 12 RES. NO. 16 Moved by Mooser Seconded by Wiehle RESOLVED that the Council of the Municipality of West Elgin accept the tender from Van Bree Drainage in the amount of $23,915.00 plus GST for Miller Drain. DISPOSITION: Carried SUBJECT: JUNIOR FIREFIGHTER PROGRAM The Administrator/Treasurer reported that insurance for the Junior Firefighters is included under our policy at no additional charge. RES. NO. 17 Moved by Wiehle Seconded by Mooser RESOLVED that Council supports the Junior Firefighters Program proposed for the Fire Department. DISPOSITION: Carried SUBJECT: BY-LAW 2004-48 – EXOTIC ANIMALS RES. NO. 18 Moved by Balint Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-Law to prohibit and regulate the keeping of exotic animals in the Municipality of West Elgin shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 19 Moved by Mooser Seconded by Wiehle RESOLVED that a By-law to prohibit and regulate the keeping of exotic animals in the Municipality of West Elgin shall be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-48 – Exotic Animals DISPOSITION: Carried SUBJECT: CORRESPONDENCE 1.* Township of Killaloe, Hagarty and Richards – request for support of a resolution regarding Regulation 170/03 Instruction: File 2.* City of Kawartha Lakes – request for support of a resolution regarding Municipal Performance Measurement Program Instruction: RES. NO. 20 Moved by Balint Seconded by Wiehle RESOLVED that Council of the Municipality of West Elgin is in support of a resolution put forth by the City of Kawartha Lakes that requests the Government to stop the Municipal Performance Measurement Program. DISPOSITION: Carried 3.* County of Elgin – request for support of a resolution regarding public health Instruction: July 8, 2004…Pg 8 of 12 RES. NO. 21 Moved by Mooser Seconded by Bodnar RESOLVED that Council of the Municipality of West Elgin is in support of a resolution put forth by the County of Elgin that does not support amalgamations of health units and further supports the innovative approach outlined in the Elgin St. Thomas Health Unit Position Paper on the Structure and Governance of Public Health. DISPOSITION: Carried 4.* Township of Malahide – request for support of a resolution regarding biosolids Instruction: RES. NO. 22 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 Township of Malahide regarding the spreading of biosolids on agricultural land. DISPOSITION: Carried 5. Ministry of the Environment – West Elgin Water Treatment Plant Inspection Report Update Instruction: RES. NO. 23 Moved by Mooser Seconded by Wiehle RESOLVED that Council of the Municipality of West Elgin accepts the inspection report for the West Elgin Water Treatment Plant submitted by the Ministry of Environment and dated June 10, 2004. DISPOSITION: Carried 6.* Municipality of North Grenville – request for support of a resolution regarding employment of volunteer firefighters Instruction: Forward to Fire Chiefs for their input. 7.* Town of Tecumseh – request for support of a resolution regarding Provincial funding for water servicing infrastructure in rural areas Instruction: RES. NO. 24 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 Town of Tecumseh regarding funding for water servicing infrastructure in rural areas. DISPOSITION: Carried 8. AMO Alert - Province introduces legislation to enshrine Memorandum of Understanding with AMO Government moves to restructure electricity sector - AMO presents to Standing Committee on Finance and Economic - Affair on Bill 83, the Budget Measure Act, 2004 Municipal associations prepare to respond to 2004 review of - Municipal Act Instruction: File 9. Federation of Canadian Municipalities – Members Advisory FXM Annual Report available on website - Regarding the June 28 election - Instruction: File July 8, 2004…Pg 9 of 12 10.* Steve Peters, MPP – copy of correspondence to Minister of Education regarding rural school closures Instruction: File 11.* Steve Peters, MPP – copy of correspondence to Attorney General regarding Highway 401 fines Instruction: File 12. Ministry of Municipal Affairs and Housing – consultation principle enshrined in law Instruction: File 13.* Ministry of Municipal Affairs and Housing – Ontario Regional Area Municipal Portal (OnRAMP) Instruction: File 14. Ministry of Finance – Northern Prosperity Plan Instruction: File 15. Ministry of Natural Resources – New Bear Wise Program Instruction: File 16. OMAF – Mature Animal Abattoir Fund and Province Helps to Reduce Crop Damage by Deer Instruction: File 17. AMO – omitting trailers for tax assessment Instruction: File 18. Imperial Oil – Review, dated Number 2, 2004 Instruction: File 19. St. Thomas – Elgin Tourist Associate Board Meeting – minutes of June, 2004 Instruction: File 20. West Elgin Community Health Centre – Strategic Planning 2004 Instruction: File 21. Lower Thames Valley Conservation Authority – minutes of May 27, 2004 meeting Instruction: File 22 Elgin Group Police Services Board – Detachment Commander’s Report, April – May 2004 Instruction: File 23. Ministry of the Attorney General – review arbitrations process and its impact on vulnerable people in Ontario Instruction: File 24. Ministry of Health and Long-Term Care – South Central Region, Highlights of Hospital Reports 2003 Instruction: File 25. Ministry of Municipal Affairs and Housing and Ministry of Environment – Protection of Agricultural Land in Golden Horseshoe Instruction: File 26. Minister Responsible for Seniors – 2004 Senior Achievement Award Program Instruction: File July 8, 2004…Pg 10 of 12 27. Ministry of Citizenship and Immigration – Community Action Awards for 2004 Instruction: File 28. OMERS 2003 Annual Report Instruction: File 29. St. Thomas – Elgin Ontario Works – Draft Report: Elgin – St. Thomas Housing Needs Analysis Instruction: File RES. NO. 25 Moved by Mooser Seconded by Wiehle RESOLVED that the correspondence be dealt with as per the instructions of Council as noted. DISPOSITION: Carried MINUTES *West Elgin Chamber of Commerce – June 1, 2004 *West Elgin Arena Board – June 14, 2004 *West Elgin Recreation Committee - June 22, 2004 SUBJECT: INTERCONNECTION – PIONEER AND MARSH LINES It was reported that to provide emergency water to Eagle and Marsh Lines a reverse flow meter is required. RES. NO. 26 Moved by Balint Seconded by Wiehle RESOLVED that Council of the Municipality of West Elgin approves two way interconnections be made on Pioneer and Marsh Lines DISPOSITION: Carried SUBJECT: REQUEST FOR PROPOSALS – SUSTAINABLE WATER & SEWAGE SYSTEM ACT RES. NO. 27 Moved by Mooser Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin accept the Request for Proposal from OCWA in the amount of $41,900.00 plus GST plus a percentage discount for more than one component for Sustainable Water & Sewage Systems Act report for the West Elgin Secondary Water System, the Rodney Sewage System and the West Lorne Sewage System. DISPOSITION: Carried SUBJECT: CLOSED SESSION RES. NO. 28 Moved by Balint Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin adjourn to a closed session to discuss labour relations or employee negotiations and receiving of advice that is subject to solicitor-client privilege. DISPOSITION: Carried July 8, 2004…Pg 11 of 12 RES. NO. 29 Moved by Mooser Seconded by Wiehle RESOLVED that the Council of the Municipality of West Elgin do now rise and report. DISPOSITION: Carried SUBJECT: FULL TIME EMPLOYEES RES. NO. 30 Moved by Mooser Seconded by Wiehle RESOLVED that Council of the Corporation of the Municipality of West Elgin agrees that the probationary period has been completed to the satisfaction of the municipality and that full-time status be granted for the following employees: EMPLOYEE EFFECTIVE DATE Bruce Boughner July 1, 2004 Paul VanVaerenbergh July 1, 2004 DISPOSITION: Carried SUBJECT: BY-LAW 2004-50 – AMEND BY-LAW 2004-05, EMPLOYEE REMUNERATION RES. NO. 31 Moved by Balint Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-Law to amend By-law 2004-05 – Employee Remuneration By-law shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 32 Moved by Mooser Seconded by Wiehle RESOLVED that a By-law to amend By-law 2004-05 – Employee Remuneration By-law shall be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-50 – Amend By-law 2004-05, Employee Remuneration DISPOSITION: Carried SUBJECT: CONFIRMATION BY-LAW RES. NO. 33 Moved by Mooser Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-Law to th confirm the proceedings of the meeting of Council held on July 8, 2004 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 34 Moved by Bodnar Seconded by Wiehle RESOLVED that a By-law to confirm the proceedings of the meeting of th Council held on July 8, 2004 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-51 – Confirming By-law July 8 2004. DISPOSITION: Carried July 8, 2004…Pg 12 of 12 SUBJECT: ADJOURNMENT RES. NO. 35 Moved by Mooser Seconded by Wiehle RESOLVED that this Regular Meeting of Council adjourn at 5:20 p.m. to nd meet again on July 22, 2004. DISPOSITION: Carried th These minutes were adopted on the 12 day of August, 2004. ___________________________ ____________________________ Mayor Clerk