May 13, 2004 Regular Meeting
M I N U T E S
OF THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGIN
WEST ELGIN COUNCIL CHAMBERS
TH
MAY 13, 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:
The Deputy Mayor declared a pecuniary interest in Items relating to Erie Flooring property.
SUBJECT: MINUTES
RES. NO. 1 Moved by Wiehle
Seconded by Mooser
RESOLVED that the minutes of the meetings held on the following dates
be adopted as printed and circulated.
April 8, 2004 Council
April 8, 2004 Public Meeting – Van Bemmel rezoning
April 15, 2004 Special Council
April 22, 2004 Council
April 22, 2004 Public Meeting – McKillop rezoning
DISPOSITION: Carried
SUBJECT: ROADS REPORT
The Acting Road Superintendent presented his monthly report noting that brine is
working well.
Councillor Mooser enquired about the trees along the railway tracks in West Lorne.
These trees need to be protected from the trucks that are parking there. The Acting
Road Superintendent was directed to discuss this matter with the Horticultural Society.
Discussion arose regarding the heritage tree on Graham Road that was cut down. The
Acting Road Superintendent explained that there was a safety issue and that an opinion
from an expert had been received. The Deputy Mayor asked if the tree would be
replaced. The Acting Road Superintendent responded that trees shouldn’t be planed on
roadways. Staff were directed to investigate what type of trees other municipalities plant
that would not conflict with road maintenance issues.
May 13, 2004…Pg 2 of 10
SUBJECT: ASPHALT TENDER
The following asphalt tenders were received by Council:
Asphalt Milling Total
plus taxes
Huron Construction $62,900.00 $5,442.50 $68,342.50
Walmsley Bros. 53,190.00 2,975.00 56,165.00
Del-Ko 63,950.00 2,625.00 66,575.00
Seal-On 63,800.00 3,150.00 66,950.00
RES. NO. 2 Moved by Bodnar
Seconded by Balint
RESOLVED that the Council of the Municipality of West Elgin accept the
tender of Walmsley Bros. Limited in the amount of $53.19 per tonne for
asphalt and $8.50 per square metre for milling plus taxes.
DISPOSITION: Carried
SUBJECT: RECREATION REPORT
The Recreation Superintendent presented his monthly report. He advised that the roof
project for Rodney Recreation Centre is completed and will be inspected by Spriet
Associates tomorrow. The Rodney Horticultural Society wants to relocate the fence at
the Rodney Recreation Centre. The Deputy Mayor will discuss with the Fair Board.
The Recreation Superintendent reported he had met on site with the The Elgins from St.
Thomas to discuss the proposed bailey bridge at Port Glasgow. They will provide
drawings and cost estimate to the municipality. It was noted that a class EA might be
required.
SUBJECT: FRIDAY NIGHT DROP-IN PROGRAM
RES. NO. 3 Moved by Balint
Seconded by Bodnar
RESOLVED that Council of the Municipality of West Elgin approve a rental
rate of $5.00 per hour for the Friday night drop in program at the Rodney
Recreation Centre.
DISPOSITION: Carried
SUBJECT: BUILDING REPORT
The Chief Building Official was not in attendance. Council reviewed his report for the
month of April 2004. In April, twenty permits were issued totalling $513,800 worth of
construction.
SUBJECT: ONTARIO BETHEL PARK
The Clerk advised that Ontario Bethel Park has submitted a building permit application
for a picnic shelter and have requested an exemption from site plan approval.
RES. NO. 4 Moved by Mooser
Seconded by Wiehle
RESOLVED that Council of the Municipality of West Elgin exempt Ontario
Bethel Park from site plan approval for the proposed picnic shelter.
DISPOSITION: Carried
May 13, 2004…Pg 3 of 10
SUBJECT: BY-LAW ENFORCEMENT
The By-law Enforcement Officer was not in attendance.
SUBJECT: WATER REPORT
The Water Superintendent presented his monthly report. He further reported that the
class EA process is underway for the servicing project at Port Glasgow and it is hoped
that construction can begin in mid July.
The Deputy Mayor declared a conflict of interest with the following items and was not in
attendance during discussion or voting thereon.
SUBJECT: FOUNDATION PERMITS FOR ERIE FLOORING PROJECT
RES. NO. 5 Moved by Mooser
Seconded by Balint
RESOLVED that Council of the Corporation of the Municipality of West
Elgin authorize the issuance of foundation permits for the pyrolysis plant
building, pyrolysis plant equipment, control room, heat recovery steam
generator and electrical substation by the Chief Building Official for the
Erie Flooring project.
DISPOSITION: Carried
SUBJECT: BY-LAW NO. 2004-28 – SITE PLAN AGREEMENT – ERIE FLOORING
RES. NO. 6 Moved by Balint
Seconded by Bodnar
RESOLVED that the mover be granted leave to introduce a By-Law to
authorize the municipality to approve a site plan agreement with H & R
Developments, Gordonna Enterprises Limited, All Fair Investments and
Enterprises Limited and I. and I. Investments and Enterprises Limited and
this shall be the first and second reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 7 Moved by Mooser
Seconded by Balint
RESOLVED that a By-law to authorize the municipality to approve a site
plan agreement with H & R Developments, Gordonna Enterprises Limited,
All Fair Investments and Enterprises Limited and I. and I. Investments and
Enterprises Limited be now read a third time and finally passed, signed,
sealed and numbered By-law Number 2004-28 – Site Plan Agreement
(Erie Flooring)
DISPOSITION: Carried
The Deputy Mayor returned to the meeting.
SUBJECT: ACCOUNTS
RES. NO. 8 Moved by Mooser
Seconded by Wiehle
RESOLVED that the Mayor and Administrator/Treasurer be and they are
hereby authorized to sign Payment Voucher # t amounting to $737,296.57,
in settlement of General, Road, Water and Arena Accounts (including
cheques #9606-9872).
May 13, 2004…Pg 4 of 10
DELEGATION: STEWART BURBERRY, VON
RE: SENIORS & DISABLED ADULTS EXERCISE PROGRAM
Mr. Burberry reported that a Trillium grant has been obtained to set up a program to
ensure seniors and disabled adults get more exercise. The focus has been on the
outlying areas of the county. Three volunteers have taken the training program and a
program is being set up at the Rodney Recreation Centre. Mr. Burberry is requesting
Council’s support of the program and a waiving of rental fees.
RES. NO. 9 Moved by Bodnar
Seconded by Balint
RESOLVED that Council authorize the waiving of rental fees for the
seniors & disabled adults program at Rodney Recreation Centre, one day
a week for one hour.
DISPOSITION: Carried
DELEGATION: HILDE MORDEN, MARGARET McDOUGALL
RE: PITCH-IN PROGRAM
Mrs. Morden presented the Mayor with a t-shirt as an expression of appreciation for
supporting the Pitch-In program. Mrs. McDougall presented the Clerk with a certificate.
SUBJECT: BY-LAW NO. 2004-34 – MILLER DRAIN
RES. NO. 10 Moved by Mooser
Seconded by Wiehle
RESOLVED that the mover be granted leave to introduce 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 and that this shall
constitute the first and second reading and provisional adoption thereof.
DISPOSITION: Carried
SUBJECT: BY-LAW NO. 2004-35 – AMEND GENERAL SERVICING AGREEMENT
(BADDER)
RES. NO. 11 Moved by Balint
Seconded by Bodnar
RESOLVED that the mover be granted leave to introduce a By-Law to
amend an agreement between the Corporation of the Municipality of West
Elgin and Kathryn M. Badder and Neil N. Badder and this shall be the first
and second reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 12 Moved by Mooser
Seconded by Wiehle
RESOLVED that a By-law amend an agreement between the Corporation
of the Municipality of West Elgin and Kathryn M. Badder and Neil N.
Badder be now read a third time and finally passed, signed, sealed and
numbered By-law Number 2004-35 – Amend General Servicing
Agreement (Badder)
DISPOSITION: Carried
DELEGATION: BILL PRIEKSAITIS RE: JOE’S BUSH & HERITAGE TREES
Mr. Prieksaitis showed Council the new sign for Joe’s Bush that is being donated by the
West Elgin Nature Club. He asked the municipality to provide two steel posts for the
sign.
May 13, 2004…Pg 5 of 10
Mr. Prieksaitis presented Council with heritage trees maps for West and East Elgin. He
reported that West Elgin is the most southern township in Ontario and we have trees
that won’t grow anywhere else. He requested the co-operation of Council to prevent
further loss of heritage trees. He proposes a moratorium on cutting of tagged trees and
that he or Mr. Spicer be contacted before these trees are cut down.
The Mayor noted that there is a liability issue and conflict of land use. Roadways must
be kept safe and this is the priority of the Road Superintendent. We take a scientific
approach. He suggested that Mr. Prieksaitis, the Road Superintendent and the Deputy
Mayor review the inventory of heritage trees. He further stated that providing safe roads
is not negotiable. We will investigate what species work well on roads.
Mr. Prieksaitis agreed with this proposal.
DELEGATION: LES KNOTT, RON REID
RE: JUNIOR FIREFIGHTERS PROGRAM
Mr. Knott explained the program, noting that it is for training only for the age group 14
and up. They will not attend fire calls. It is hoped to get interest for the future. He
asked if the municipal policy would cover this program. The Administrator-Treasurer
replied that this would be an addition and she would investigate. Council agreed that
this was a worthwhile project.
DELEGATION: CHRISTENE SCRIMGEOUR RE: 2003 AUDIT
Ms. Scrimgeour presented the 2003 audit to Council. The arena is now included.
SUBJECT: CORRESPONDENCE
1.* Association of Municipal Tax Collectors of Ontario – request for support of a
resolution regarding Assessment Review Board
Instruction:
RES. NO. 13 Moved by Wiehle
Seconded by Bodnar
RESOLVED that Council of the Municipality of West Elgin is in support of a
resolution put forth by the Association of Municipal Tax Collectors of
Ontario regarding appeals to the Assessment Review Board.
DISPOSITION: Carried
2.* City of Peterborough – request for support of a resolution regarding funding for
Health Units.
Instruction:
RES. NO. 14 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 Peterborough petitioning the Province to
cover 75% of the funding costs for Health Units.
DISPOSITION: Carried
3.* Township of North Shore – request for support of a resolution regarding Town
Youth Participation Strategy
Instruction: File
4.* Town of North Perth – request for support of a resolution regarding small
municipally owned non-residential water systems
Instruction:
May 13, 2004…Pg 6 of 10
RES. NO. 15 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 North Perth that requests the
Minister of Environment to exempt small non-residential facilities which
supply washroom facilities only from all portions of O.Reg 170/03.
DISPOSITION: Carried
5.* West Lorne Fire Department – fundraising
Instruction: Clerk to request financial information from association.
6.* County of Elgin – re provincial gas tax
Instruction: File
7.* City of Welland – request for support of a resolution regarding the Ontario
Pension and Benefit Guarantee Fund
Instruction: File
8.* Township of North Kawartha – request for support of a resolution regarding Safe
Drinking Water Act
Instruction:
RES. NO. 16 Moved by Bodnar
Seconded by Balint
RESOLVED that Council of the Municipality of West Elgin is in support of a
correspondence forwarded to the Minister of Tourism and Recreation
regarding the impact of Safe Drinking Water Act on tourism operators and
other small businesses.
DISPOSITION: Carried
9.* County of Elgin Land Division Committee – application for consent, Part Lot 22,
Concession 9 (Binks)
Instruction:
RES. NO. 17 Moved by Wiehle
Seconded by Mooser
RESOLVED that the Council of the Municipality of West Elgin have the
following comments regarding Severance Application E38/04 as applied for
by Allan Binks.
Council approves of the severance.
Conditions:
Two copies of the registered reference plan be submitted to the
municipality
DISPOSITION: Carried
10. * Rodney Aldborough Agricultural Society – request to waive fees
Instruction:
RES. NO. 18 Moved by Mooser
Seconded by Bodnar
RESOLVED that Council of the Municipality of West Elgin supports the
Rodney Aldborough Agricultural Society holding a barbeque and bar at the
Rodney Recreation Centre on June 26, 2004 and rental fees be waived.
DISPOSITION: Carried
11.* Elgin-St. Thomas Health Unit – 2004 West Nile Budget
Instruction: File
May 13, 2004…Pg 7 of 10
12.* Regional Municipality of Niagara – request for support of a resolution regarding
waste diversion and Environmental Assessment.
Instruction: File
13.* Shelley Higginbottom – Port Glasgow Trailer Park policy for vacant lots
Instruction: Clerk to respond
14.* June Evaschuk – taxes on trailers
Instruction: Letter to be drafted for Mayor’s signature
15.* YWCA St. Thomas Elgin – support for pool bus
Instruction:
RES. NO. 19 Moved by Balint
Seconded by Bodnar
RESOLVED that Council of the Municipality of West Elgin supports the
bussing program to the Rodney Pool from West Lorne in the amount of
$500.00, subject to no charge for the users.
DISPOSITION: Carried
16.* Loyalist Township – request for support of a resolution to request Province for
financial relief to smaller municipalities facing increasing costs for water and
sewer services.
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 Loyalist Township requesting the Province provide
financial relief to smaller municipalities facing increased costs for water
and sewer services.
DISPOSITION: Carried
17.* Township of Alfred and Plantagene – request for support of a resolution
regarding preliminary electors lists.
Instruction: File
18. AMO Alert - AMO responds to Environment Minister’s announcement on
review of Environmental Assessment Process and Waste
Diversion Strategy
Peter J. Marshall Municipal Innovation Awards
-
AMO Board makes recommendations on planning reform
-
Province reverse decision to close Judson Street Ambulance
-
Supply Centre
Environment Canada issues final Road Salts Code of Practice
-
Minister extends affordable housing program deadline
-
Province amends ESA to allow family medical leave
-
Supply/Conservation: Key elements of new electricity plan for
-
Ontario
Province introduces legislation on hours of work
-
Minister introduces new Heritage Amendment Bill
-
Canada, Ontario and Municipal Governments – A Partnership in
-
Support of Municipal, Rural Infrastructure
Road Watch Conference, September 19-20, Grand Bend
-
Municipal Governments will contribute to immigration agreement
-
Instruction: File
May 13, 2004…Pg 8 of 10
19. Environment Canada – Code of Practice for the environmental management of
road salts.
Instruction: File
20. Federation of Canadian Municipalities Members’ Advisory
Quality of Life Highlights Report released
-
Municipalities call for a New Deal on rights-of-way
-
Instruction: File
21.* Steve Peters MPP – copy of correspondence to Minister of Transportation
Instruction: File
22. Four Counties Health Services Foundation – Middlesex Hospital Alliance
Instruction: File
23. MPAC – copy of correspondence to Leah Casselman
Instruction: File
24. Communities in Bloom – Hydro One Gateway competition
Instruction: File
25. Minister of Municipal Affairs and Housing – assessment of trailer parks for 2003
assessment year
Instruction: File
26. OMAF Bulletin – April 13, 2004
Instruction: File
27. County of Elgin – press release re: 2004 Budget
Instruction: File
28.* Lower Thames Valley Conservation Authority – 2003 Annual Report
Instruction: File
29. Ontario Family Fishing Weekend – July 9 – 11, 2004
Instruction: File
30. Ministry of Municipal Affairs and Housing – New legislation to reduce rent hikes
Instruction: File
31. Minister of Finance – assessment of trailers
Instruction: File
32.* London District Catholic School Board – bussing
Instruction: Forward copy of letter to L. Louwagie-Neyens
33. Ministry of Consumer and Business Services – licensing electrical contractors
Instruction: File
34. Ministry of Natural Resources – protocol with OPP about bears
Instruction: File
35. Middlesex Hospital Alliance – new bylaws released
Instruction: File
36. Elgin Middlesex, Oxford Local Training Board – Bravo Awards
Instruction: File
May 13, 2004…Pg 9 of 10
37. Order of Ontario – request for nominations
Instruction: File
38. Minister of Municipal Affairs and Housing – Residential Tenancy Reform
Instruction: File
39. Elgin Group Police Services Board – Detachment Commander’s Report, January
– March 2004
Instruction: File
40. OMAF Bulletin – May 6, 2004
Instruction: File
41.* Clachan Community Hall Board
Instruction: Clerk to reply to letter outlining requirements for committees of
Council.
RES. NO. 21 Moved by Bodnar
Seconded by Balint
RESOLVED that the correspondence be dealt with as per the instructions
of Council as noted.
DISPOSITION: Carried
MINUTES
?
*West Elgin Arena Board – April 5, 2004
?
*West Elgin Chamber of Commerce – April 6, 2004
?
*West Elgin Parks & Recreation Committee – April 27, 2004
SUBJECT: PROPOSED PARKING AREA – WEST ELGIN COMMUNITY HEALTH
CENTRE
Council reviewed two proposals for staff parking on municipal property behind the
Health Centre. It was noted that the Acting Road Superintendent preferred the “block”
plan rather than the “linear” plan. A question was raised regarding the size of the
parking area being requested. The lawyer for the Health Centre is preparing a
document and it has not been received to date.
SUBJECT: AGREEMENT WITH WECPCRC RE: POOL SUPERVISION
The Clerk reported that the agreement with the West Elgin Community Parent Child
Resource Centre needs to be renewed. It is proposed that a revised agreement that
extends beyond one year be prepared. Council agreed with this proposal.
SUBJECT: DOWNTOWN REVITALIZATION WORKSHOP
RES. NO. 22 Moved by Balint
Seconded by Bodnar
RESOLVED that Council authorize Liz Clark and Nina Havens attend the
th
Downtown Revitalization Workshop in Stratford on May 25 with all
expenses paid.
DISPOSITION: Carried
May 13, 2004…Pg 10 of 10
SUBJECT: CLOSED SESSION
RES. NO.23 Moved by Mooser
Seconded by Wiehle
RESOLVED that the Council of the Municipality of West Elgin adjourn to a
closed session to discuss litigation or potential litigation and the receiving
of advice that is subject to solicitor-client privilege.
DISPOSITION: Carried
RES. NO. 24 Moved by Bodnar
Seconded by Balint
RESOLVED that the Council of the Municipality of West Elgin do now rise
and report.
DISPOSITION: Carried
SUBJECT: CONFIRMATION BY-LAW
RES. NO. 25 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 May 13, 2004
and this shall be the first and second reading and provisional adoption
thereof.
DISPOSITION: Carried
RES. NO. 26 Moved by Wiehle
Seconded by Balint
RESOLVED that a By-law to confirm the proceedings of the meeting of
th
Council held on May 13, 2004 be now read a third time and finally
passed, signed, sealed and numbered By-law Number 2004-33 –
Confirming By-law May 13 2004.
DISPOSITION: Carried
SUBJECT: ADJOURNMENT
RES. NO. 27 Moved by Mooser
Seconded by Wiehle
RESOLVED that this Regular Meeting of Council adjourn at 5:20 p.m. to
th
meet again on May 27, 2004.
DISPOSITION: Carried
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These minutes were adopted on the 10 day of June, 2004.
___________________________ ____________________________
Mayor Clerk