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March 11, 2004 Regular Meeting M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS TH MARCH 11, 2004 MEMBERS PRESENT: Mayor Graham Warwick, Deputy Mayor Bernie Wiehle Councillors Trudy Balint, Mary Bodnar 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: Councillor Balint declared a pecuniary interest in Item C17 on the Agenda. SUBJECT: MINUTES RES. NO. 1 Moved by Bodnar Seconded by Wiehle February 12, 2004 Council February 12, 2004 Committee of Adjustment (Tobias) February 19, 2004 Special Council February 26, 2004 Council DISPOSITION: Carried SUBJECT: ROADS REPORT The Acting Road Superintendent presented his monthly report. He further reported that salt usage is down on the County roads but up on the Township roads in comparison to last year. He is proposing that staff build a new float in a design that is better suited for our roads. As part of the budget for 2004, he is proposing the hiring of two summer students and the selling of one of the Land Pride mowers. Council agreed that he participate in a county committee reviewing winter operations. He is proposing the use of brine only for 2004 as the product is 25% cheaper and has a percentage of calcium in it. With the savings a second application could be applied to the more travelled roads such as Blacks, Marsh and Downie Lines. SUBJECT: BUILDING REPORT The Chief Building Official was not in attendance. Council reviewed his report for the months of January and February 2004. In January two permits were issued totalling $15,000.00 worth of construction. In February, two permits were issued totalling $319,450 worth of construction. March 11, 2004…Pg 2 of 12 SUBJECT: BY-LAW 2004-18 – AGREEMENT WITH MINISTRY OF MUNICIPAL AFFAIRS - OSTAR RES. NO. 2 Moved by Balint Seconded by Bodnar 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 her Majesty, the Queen in Right of Ontario, as represented by the Minister of Municipal Affairs – Ontario Small Town and Rural Development (OSTAR) Infrastructure Initiative and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 3 Moved by Wiehle Seconded by Balint RESOLVED that a By-law to authorize the execution of an agreement between the Corporation of the Municipality of West Elgin and her Majesty, the Queen in Right of Ontario, as represented by the Minister of Municipal Affairs – Ontario Small Town and Rural Development (OSTAR) Infrastructure Initiative be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-18 – Agreement with MMA - OSTAR DISPOSITION: Carried SUBJECT: BY-LAW 2004-19 – MEMORANDUM OF UNDERSTANDING - ST. CLAIR REGION CONSERVATION AUTHORITY RES. NO. 4 Moved by Bodnar Seconded by Balint RESOLVED that the mover be granted leave to introduce a By-Law to authorize the execution of a memorandum of understanding with the St. Clair Region Conservation Authority and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 5 Moved by Balint Seconded by Bodnar RESOLVED that a By-law to authorize the execution of a memorandum of understanding with the St. Clair Region Conservation Authority be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-19 – Memorandum of understanding – St. Clair Region Conservation Authority DISPOSITION: Carried SUBJECT: BY-LAW 2004-20 – AMEND BY-LAW 2001-40 – OSTAR AGREEMENT RES. No. 6 Moved by Bodnar Seconded by Balint RESOLVED that the mover be granted leave to amend By-law 2001-40 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried March 11, 2004…Pg 3 of 12 RES. NO. 7 Moved by Balint Seconded by Bodnar RESOLVED that a By-law to amend By-law 2001-40 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-20 –Amend By-law 2001-40 – OSTAR DISPOSITION: Carried SUBJECT: BY-LAW ENFORCEMENT Council reviewed a report from the Clerk regarding changes to the Property Standards By-law. Council directed that the Planner be directed to prepare amendments to the by- law in consultation with the By-law Enforcement Officer. SUBJECT: CORRESPONDENCE 1.* Town of North Perth – request for support of a resolution requesting the Federal and Provincial governments to help fund a metering program for small municipalities. Instruction: File 2.* Township of Ramara – request for support of a resolution regarding public ownership of Power Generation Instruction: File 3.* Minister of Municipal Affairs – provincial position on GST rebate Instruction: File 4.* Loyalist Township – request for support of a resolution regarding Community Reinvestment Fund. Instruction: RES. NO. 8 Moved by Wiehle Seconded by Bodnar RESOLVED that Council of the Municipality of West Elgin is in support of a resolution put forth by Loyalist Township regarding CRF allocation reconciliation. DISPOSITION: Carried 5.* County of Elgin – request for support of resolution regarding the size and composition of the Thames Valley District School Board. Instruction: RES. NO. 9 Moved by Balint Seconded by Bodnar RESOLVED that Council of the Municipality of West Elgin is in support of a resolution put forth by County of Elgin regarding the size and composition of the Thames Valley District School Board DISPOSITION: Carried 6.* Elgin Group Police Services Board – 2004 budget Instruction: Invite S/S Cox to next meeting to discuss 7.* City of Sarnia – request for support of a resolution regarding municipal rebates for GST and PST Instruction: March 11, 2004…Pg 4 of 12 RES. NO. 10 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 Sarnia regarding full municipal rebates for PST, GST and 5 cent per litre share of federal gas tax. DISPOSITION: Carried 8.* City of Cornwall – request for support of a resolution regarding motorized wheelchairs and scooters Instruction: File 9.* Horton Township – request for support of a resolution regarding water testing regulations Instruction: RES. NO. 11 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 Township of Horton that requests the Province of Ontario to amend the Safe Drinking Water Act and its regulation removing the need for additional water testing. DISPOSITION: Carried 10.* Robert King – support for Senior Games Instruction: File 11.* Elgin Group Police Services Board – request for support of a resolution regarding Off-Road Vehicles. Instruction: RES. NO. 12 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 Elgin Group Police Services Board regarding non support of new legislation on Off-Road Vehicles. DISPOSITION: Carried SUBJECT: PORT GLASGOW TRAILER PARK – PURCHASE OF TRACTOR Also in attendance: Gord McFadden The Water Superintendent presented the following summary of quotations received: DX33 Case D40 Case John Deere John Deere John Deere Case IH Case IH 990 990 4410 33 HP 40HP 35HP 35HP 35HP 4WD 2WD $26,614 $31,392 $23,500 $20,500 $27,650 Less trade-in 4,250 It was reported that Can-Am Tractor who provided the quote for the Case tractors has offered a trade-in. It was reported that the Water Superintendent and Mr. McFadden have inspected the above noted tractors and recommend the DX33 Case tractor. March 11, 2004…Pg 5 of 12 RES. NO. 13 Moved by Wiehle Seconded by Bodnar RESOLVED that Council accept the quotation from Case IH for a DX33 tractor in the amount of $26,614.00 plus taxes less $4,250.00 plus taxes for trade-in of Case IH 434 from Can-Am Tractor Ltd. DISPOSITION: Carried SUBJECT: PORT GLASGOW SERVICING PLAN The Water Superintendent presented the proposed sewage servicing plan prepared by Septech and includes the route of the pipes, location of filter beds and septic bed. RES. NO. 14 Moved by Balint Seconded by Bodnar RESOLVED that Council of the Corporation of the Municipality of West Elgin authorizes the submission of an application to MOE for the sewage servicing plan prepared by Septech Engineering. DISPOSITION: Carried SUBJECT: PORT GLASGOW COMFORT STATION The Water Superintendent presented a plan prepared by Spriet Associates showing the location of the comfort station, parking area and sidewalk. RES. NO. 15 Moved by Wiehle Seconded by Balint RESOLVED that Council agrees to the location of the Port Glasgow comfort station as shown on drawing no. SP1 prepared by Spriet Associates and dated November 10, 2003. DISPOSITION: Carried. SUBJECT: HANDICAPPED RAMP FOR OLD RODNEY TOWNHALL BUILDING The Water Superintendent presented a plan prepared by Spriet Associates for a handicapped ramp on the north side of the old Rodney Town Hall. RES. NO. 16 Moved by Bodnar Seconded by Balint RESOLVED that Council agrees to the design of the handicapped ramp prepared by Spriet Associates and dated March 2004. AND further that Spriet Associates be directed to prepare the tender documents and that tenders be by invitation. DISPOSITION: Carried SUBJECT: INFORMAL MEETING TO DISCUSS ROAD NAME CHANGE RE: JANE STREET, WEST LORNE Also in attendance: Angelo Demuynck, Loraine Tunks, Georgina Jensen, William Hill, Alan Vandenbrink (Erie Flooring) The Mayor opened the meeting stating that this is an informal meeting to find a solution to a problem brought forward by Bell Canada as a result of amalgamation. Jane Street in West Lorne was picked as there are fewer people on that street and at the time we didn’t realize that Erie Flooring is on Jane Street. Loraine Tunks, 171 Jane Street, wishes it to remain Jane Street. March 11, 2004…Pg 6 of 12 Luisa deCosta, lives at 167 Jane Street, wishes to leave it as Jane Street. Alan Vandenbrink noted he has provided a cost estimate to change their address (estimated as $5,270.00). He reported that an address change could be perceived, as something is wrong with the business and have a negative impact. Were there not funds set aside from amalgamation for implications such as this? Why can’t both Jane Street be changed by adding a number to the beginning e.g., 1191 in Rodney and 2191 in West Lorne? Could 9-1-1 signs be used at the end of the driveways and not change the address? The Administrator/Treasurer reported that in the villages their house number is their 9-1-1 number. Mr. Vandenbrink reported that changing the number wouldn’t affect them the same way as changing the street name. Councillor Balint noted that residents use postal boxes for mail, house numbers are important for visitors. Mr. Vandenbrink noted he had discussed this with their lawyer and the lawyer said it would be costly and even wills would have to be changed. Health cards, driver’s licenses, cheques would all have to be changed. Is there a time limit on changing a legal description? Mr. Vandenbrink suggested that he would solicit the residents to see if they agree with adding a number to their number (e.g. 1191). However, who will pay for the changes? He suggested it be spread out over the tax base and perhaps $100.00 per house. DELEGATION: DUNCAN MCPHAIL, CHANTELLE ELLIS, JOHN JOHNSTON RE: CLACHAN HALL Duncan McPhail introduced Chantelle and John. He noted that there are deficiencies in Clachan Hall that need to be addressed. Mrs. Ellis noted that the hall was established in 1912 and is used frequently. The following items need to be addressed: washroom facilities, including wheelchair accessibility; source of water; alternative to heating by electricity; new roof and windows. They are applying for trillium funds. Mr. McPhail reported that the facility is not being used to its maximum and that it is the young people of the area that are making this project happen. The municipality owns the hall but more land is needed for a weeping bed and well. Neighbours are willing to help by giving land or easements over their property. Trillium will not give money for land acquisition, asking for municipal help. During this review, they are questioning if more severances would be possible on the adjacent lands, wish to discuss with the Planner. Mrs. Ellis noted that it was estimated that severance, planning, legal and survey costs were estimated at $10,000, which they hoped the municipality would pay for. They are planning to fundraise for improvements within the hall, $10,000. The group will attend the next council meeting to discuss this matter further. SUBJECT: RECREATION REPORT The Recreation Superintendent presented the monthly report. SUBJECT: RODNEY RECREATION CENTRE ROOF HVAC UNITS The Recreation Superindent presented the following summary of quotations received for replacement of HVAC units on the roof of the Rodney Recreation Centre: March 11, 2004…Pg 7 of 12 Cavi Heating & Cooling $14.360.00 (includes all taxes) Mark’s Mechanical $13,870.00 plus GST SHUTE HVAC PLUS $12,584.00 plus GST Res. No. 17 Moved by Balint Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin accept the quotation from SHUTE HVAC Plus in the amount of $12,584.00 plus GST for a HVAC unit on the roof of the Rodney Recreation Centre. DISPOSITION: Carried The Recreation Superintendent reported that total estimated cost for Rodney Recreation Centre roof replacement is $58,534.00 plus GST. SUBJECT: SUMMER STAFF FOR RECREATION DEPARTMENT The Recreation Superintendent requested the authorization to hire two students to begin stst May 1 and one to begin July 1. There is a staff person on sick leave at present and it is unknown when he may return to work. Advertising for lifeguards and day camp staff will be done soon. RES. NO. 18 Moved by Wiehle Seconded by Bodnar RESOLVED that Council authorize the hiring of 2 summer staff beginning stst May 1 and one summer staff beginning July 1 for Parks and Recreation Department. DISPOSITION: Carried SUBJECT: CONTRACT FOR GARBAGE PICK-UP – RODNEY Council reviewed correspondence from Aubertin’s Disposal outlining a proposed three year contract for 2004, 2005 and 2006. RES. NO. 19 Moved by Wiehle Seconded by Bodnar RESOLVED that Council authorizes a three year contract with Aubertin’s Disposal for garbage collection in the former Village of Rodney in the following amounts: Year 2004 $1,791.00 plus GST per month Year 2005 $1,845.00 plus GST per month Year 2006 $1,900.00 plus GST per month Cardboard pick-up is included in the amounts noted above. DISPOSITION: Carried. SUBJECT: PRELIMINARY ROAD DEPARTMENT BUDGET The Administrator/Treasurer presented a summary of the 2004 budget and 2003 actual. The Acting Road Superintendent reported to Council that his approach is to take care of what we have. His first project is Queen Street and is proposing the hiring of an engineer to determine the needs. The catch basin program will be finished this year and is proposing that two summer staff be hired to help with this program. A new approach to gravel program is being proposed. The proposal is to complete one road a year, fix all the deficiencies such as culverts, ditches, berming, B gravel all the bad spots. Marsh Line is proposed for 2004 and Downie Line for 2005. There will be 8,000 tonne of B gravel for other roads. March 11, 2004…Pg 8 of 12 The Acting Road Superintendent brought forward the issue of brine vs. calcium as discussed earlier in the day. Council agreed to tender for brine only. RES. NO. 20 Moved by Bodnar Seconded by Balint RESOLVED that Council accept the preliminary road budget submitted subject to the approval of the final municipal budget. DISPOSITION: Carried. SUBJECT: LAND PRIDE MOWER The Acting Road Superintendent brought forward the issue of selling a Land Pride mower as discussed earlier in the day. RES. NO. 21 Moved by Balint Seconded by Wiehle RESOLVED that Council authorize the sale of a Land Pride mower. DISPOSITION: Carried The Mayor left the meeting to meet with the Prime Minister in St. Thomas as an invited guest. The Deputy Mayor assumed the position of Chair. SUBJECT: PRELIMINARY FIRE BUDGET Also in attendance: Fire Chief Andy Kieraszewicz and Fire Chief Allan Beer. The Administrator/Treasurer presented the 2003 budget, 2003 actual and 2004 budget figures for Rodney Fire. The proposed increase is 1.06% and it was noted that the radio upgrade would cost $11,450. The Administrator/Treasurer presented the 2003 budget, 2003 actual and 2004 budget figures for West Lorne Fire. The proposed increase is 1.14%. Fire Chief Beer noted that an amount of $21,000 is designated as a reserve for a new truck and it will take some time to reach the needed amount. The Administrator/Treasurer reported that this amount would come from general revenue. There was a balance of $84,000 in the reserve as of December 31, 2003. Fire Chief Beer reported that there was probably $60,000 in association funds available but they are not raising very much through Nevada tickets. They would like to purchase the truck this year. Councillor Balint inquired if the association would pay back the municipality for their 50% share of the new truck? Fire Chief Beer said he would discuss with the association. RES. NO. 22 Moved by Balint Seconded by Bodnar RESOLVED that Council accept the preliminary fire budget for Rodney subject to approval of the final municipal budget. AND further the preliminary fire budget for West Lorne be accepted subject to further information on new truck and approval of the final budget. DISPOSITION: Carried SUBJECT: STAFFING FOR ROAD DEPARTMENT The Acting Road Superintendent reported that two staff members will be on limited duty as a result of surgery and that combined with summer vacations is creating a staffing issue. One staff member is off right now recovering from surgery. The other will be off soon. He is requesting the extension of part-time employment of our winter man. March 11, 2004…Pg 9 of 12 RES. NO. 23 Moved by Bodnar Seconded by Balint RESOLVED that Dave Tuffin part-time employment be extended to September 3, 2004. DISPOSITION: Carried SUBJECT: CORRESPONDENCE cont’d 12.* County of Elgin – request for support for Middlesex-Elgin Community Residency Program. Instruction: RES. NO. 24 Moved by Bodnar Seconded by Balint RESOLVED that Council of the Corporation of the Municipality of West Elgin supports the Middlesex-Elgin Community Residency Program and that a letter of support be forwarded to Warden Rock DISPOSITION: Carried 13.* City of Kawartha Lakes – request for support of a resolution regarding disconnection of hydro in the winter by Hydro One. Instruction: RES. NO. 25 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 Kawartha Lakes that requests Premier McGuinty and Minister Dwight Duncan to reinstate the prohibition on disconnection of electricity in the winter by Hydro One. DISPOSITION: Carried 14.* City of Kawartha Lakes – request for support of a resolution requesting a review of Current Value Assessment system Instruction: File 15.* City of Kawartha Lakes – request for support of a resolution requesting the powers of Ontario Municipal Board be limited Instruction: RES. NO. 26 Moved by Bodnar Seconded by Balint 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 Province of Ontario regarding the powers of the Ontario Municipal Board. DISPOSITION: Carried 16.* R.J. Burnside & Associates – invitation to client night, April 1, 2004, Stratford Instruction: File 17.* West Lorne RCACC – request waiver of fees for Second Annual Inspection, June 12, 2004 at 1 p.m. Instruction: deferred to next meeting March 11, 2004…Pg 10 of 12 18. AMO Alert - Discussion on Immigration Issues - 2004 AMO conference notice - Labour Issues Update - AMO Pre-Budget Submission Instruction: File 19.* Sylvia Logan – resignation as Chair of Policing Committee Instruction: File 20.* Minister of Transportation – copy of letter to Steve Peters, MPP regarding emergency detour routes Instruction: File 21. Four Counties Hospital – press release regarding funding Instruction: File 22. Minister of Citizenship and Immigration – volunteer recognition program Instruction: File 23. Gar Knutson MP – Speech from the Throne Instruction: File 24. Elgin Group Police Services Board – 2003 Annual Report 2004 Business Plan - Detachment Commanders Report, - November – December 2003 Instruction: File 25. Thames Valley District School Board – Special Olympics Instruction: File 26. City of Toronto – biosolids and residual master plan Instruction: File 27. Easter Seal Society – request for proclamation of Easter Seals Month Instruction: File 28. Prime Minister – Reply to Speech from the Throne Instruction: File 29. OSUM 2004 – Owen Sound, May 5 – 7th Instruction: File 30. Jesse’s Journey – FUNraising Friday April 2nd Instruction: File 31. Thames Canadian Heritage River Committee – Annual Thames River th Symposium, Friday March 26, Woodstock Instruction: File 32. Elgin Group Police Services Board – minutes of meeting held on February 6, 2004 Instruction: File 33. Press Release - $56 million allocated to affordable housing in Ontario Instruction: File March 11, 2004…Pg 11 of 12 34. St. Thomas – Elgin Tourist Association – Notice of Annual Meeting to be held on th March 30, 7:00 p.m. Instruction: File 35. Ontario Municipal Board – publications available Instruction: File 36. Minister Responsible for Seniors – June is Seniors Month Instruction: File 37. Ministry of Consumer and Business Services – announcement of changes at Alcohol and Gaming Commission Instruction: File 38. Lower Thames River Conservation Authority – announcement of Heritage Charity th Gold Tournament, May 15. Instruction: File 39. Sci-Tech Ontario – proclamation of Young Scientist Month Instruction: File 40. Bruce Galway – further information regarding request for support of resolution regarding Current Value Assessment. Instruction: File RES. NO. 27 Moved by Bodnar 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 – February 3, 2004 ? *West Elgin Arena Board – February 9, 2004 ? *West Elgin Parks and Recreation Committee – February 18, 2004 * Information enclosed SUBJECT: OCWA ANNUAL REPORT TO MINISTRY OF ENVIRONMENT RES. NO. 28 Moved by Balint Seconded by Bodnar RESOLVED that Council of the Corporation of the Municipality of West Elgin accepts the Annual Report under Regulation 170/03 for 2003 as prepared by Ontario Clean Water Agency and to be presented to the Tri County Water Management Committee. DISPOSITION: Carried SUBJECT: OCWA ANNUAL REPORT TO MUNICIPALITY RES. NO. 29 Moved by Balint Seconded by Bodnar RESOLVED that Council of the Corporation of the Municipality of West Elgin accepts the Annual Report, as required by Schedule 22, for 2003 as prepared by Ontario Clean Water Agency and to be presented to the Tri County Water Management Committee. DISPOSITION: Carried March 11, 2004…Pg 12 of 12 SUBJECT: SPRIET ASSOCIATES The Administrator/Treasurer reported that the rates for the Drainage Superintendent has increased to $68.25 from $66.00 per hour and mileage rates to $.035 from $0.32 per km. SUBJECT: RESERVES RES. NO. 30 Moved by Balint Seconded by Bodnar WHEREAS the following projects were budgeted for in 2003 and were not completed during the year and, WHEREAS it is proposed that the projects will be proceeded with in the 2004 budget, NOW THEREFORE BE IT RESOLVED that the Council of the Municipality of West Elgin establish reserves for 2003 as follows: Rodney Recreation – roof $90,000.00 Munro Street (CHC) $47,000.00 Marina project $126,000.00 DISPOSITION: Carried SUBJECT: CONFIRMATION BY-LAW RES. NO. 31 Moved by Bodnar Seconded by Balint RESOLVED that the mover be granted leave to introduce a By-Law to th confirm the proceedings of the meeting of Council held on March 11, 2004 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 32 Moved by Balint Seconded by Bodnar RESOLVED that a By-law to confirm the proceedings of the meeting of th Council held on March 11, 2004 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-21 – Confirming By-law March 11 2004. DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 33 Moved by Balint Seconded by Bodnar RESOLVED that this Regular Meeting of Council adjourn at 5:32 p.m. to th meet again on March 25, 2004. DISPOSITION: Carried th These minutes were adopted on the 8 day of April, 2004. ___________________________ ____________________________ Mayor Clerk