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November 10, 2004 Regular Meeting M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS TH NOVEMBER 10, 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 Roads Superintendent Jeff Slater Recreation Superintendent DECLARATION OF PECUNIARY INTEREST: Councillor Bodnar declared a conflict of interest with item 6(a) and By-law 2004-75. SUBJECT: MINUTES RES. NO. 1 Moved by Balint Seconded by Wiehle RESOLVED that the minutes of the meetings held on the following dates be adopted as printed and circulated. October 14, 2004 Council October 14, 2004 Court of Revision – Bonn Drain October 28, 2004 Council October 28, 2004 Public meeting – S Bodnar October 28, 2004 Public meeting – Baptist Convention of Ontario & Quebec DISPOSITION: Carried SUBJECT: MELODY CHURCH Discussion was held regarding the information required for the zoning enquiry. SUBJECT: ROADS REPORT The Road Superintendent presented his monthly report. He reported that the liquid ant- icing product has been tested on a number of roads. For $132.00 the product covered 62 km in comparison with 18 km of salt. The product can last up to a week and will be used in the shoulder season not in snow conditions. There are no hazards to traffic, litter or no spray from truck and there were no signs of roads being slippery. The Mayor noted that at a recent landfill committee meeting it was enquired if the landfill road could receive dust control next year. The Road Superintendent noted that this road did received brine. It was suggested that the operators contact the office if dust becomes a problem. November 10, 2004…Pg 2 of 9 SUBJECT: COUNTY OF ELGIN ROAD NETWORK STUDY UPDATE The Mayor again put forward the proposal that agreed county roads that were agreed to be local road useage be paid at a local rate rather than a county road. The Road Superintendent noted that the level of service is higher than minimum standards and that costs for our roads of the same class, as the county is no different. The majority of our roads are gravel. The Road Superintendent reported that County Road 5 needs capital improvements. Furnival Road south of Talbot Line fit the definition for a county road? It does connect Port Glasgow to a county road. Staff were directed to draft a response to the County outlining the concerns of the Road Superintendent for Council review at the next meeting. SUBJECT: RECREATION REPORT The Recreation Superintendent presented his monthly report. Councillor Bodnar reported that the Rodney Horticultural Society would be submitting a contract for flower watering twice a week. However, West Lorne wants their flowers watered daily. The Recreation Superintendent reported that the West Lorne Horticultural Society has requested that the containers be stored over the winter. However, these containers weigh 300 pounds, there is no place to store them, they are pushed back to the buildings for the winter. Council agreed that the containers remain as suggested. The Recreation Superintendent reported that vandalism is still occurring, signs have been stolen. It was noted that the OPP should be advised immediately of these occurrences. Councillor Balint noted that the contract with the West Lorne Lakers (Junior D team) did allow the cancellation of ice. The Recreation Superintendent noted that minor hockey has picked up one hour, net loss of ½ hour per week (revenue loss $1300.00). SUBJECT: SALE OF 1983 CUBE VAN It was reported that an additional quotation has been received for the sale of the cube van. RES. NO. 2 Moved by Wiehle Seconded by Bodnar RESOVLED that Council accept the bid by Dixon’s Feed Service in the amount of $2100.00 for the 1983 Ford Cube Van “as is”. DISPOSITION: Carried SUBJECT: OLD JAIL The Administrator/Treasurer reported that the repair to the bricks at the Rodney Townhall was underway by Trevor Housel. Mr. Housel would supply the bricks and fix above the windows and door of the old Jail for a fee of $3000.00 plus tax. He would be th able to start the job tomorrow (November 11). The Recreation Superintendent reported that the steps would be moved to accommodate the work. The steps will now face Queen Street. November 10, 2004…Pg 3 of 9 RES. NO. 3 Moved by Balint Seconded by Wiehle RESOLVED that Council proceed with repairs to the “Old Jail” in the amount of $3000.00 for repointing the brickwork. DISPOSITION: Carried SUBJECT: BUILDING DEPARTMENT The Chief Building Official was not in attendance. Council reviewed his monthly reports for September and October. In September, six permits were issued totalling $673,000 worth of construction. In October, eight permits were issued totalling $220,200 worth of construction. SUBJECT: WATER REPORT The Water Superintendent was not in attendance. Council reviewed his monthly report. Councillor Bodnar declared a conflict of interest with the following items and left the meeting. SUBJECT: DRAINAGE APPORTIONMENT – WISMER DRAIN (S BODNAR) RES. NO. 4 Moved by Wiehle Seconded by Balint RESOLVED that the Council approves the agreement on share of drainage assessment on the Wismer Drain as requested by Steve Bodnar under Section 65 (6) of the Drainage Act. KRAUSE DRAIN – 1959 Report Original Assessment New Assessment Concession 10 Pt. Lot 2 45 AC. 44.OAC. 1.00AC. Benefit - $100.00 Benefit - $100.00 Benefit - $0 Outlet - $215.00 Outlet - $210.00 Outlet - $5.00 KRAUSE DRAIN - 1946 Report Original Assessment New Assessment Concession 10 Pt. Lot 2 45 AC. 44.0AC 1.0AC. Benefit - $300.00 Benefit - $300.00 Benefit - $0 Outlet - $ 38.00 Outlet - $ 37.00 Outlet - $1.00 DISPOSITION: Carried SUBJECT: BY-LAW 2004-75 – ZONING AMENDMENT- S BODNAR RES. NO. 5 Moved by Balint Seconded by Wiehle RESOLVED that the mover be granted leave to introduce a By-law to amend Township of Aldborough Zoning By-law No. 90-50, to change the zoning of lands in Part of Lot 2, Concession 10, from the Agricultural (A1) Zone to the “site-specific” Agricultural (A1-52) Zone and Special Agricultural (A2) Zone, and that this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 6 Moved by Wiehle Seconded by Balint RESOLVED that a by-law to amend The Township of Aldborough Zoning By-law No. 90-50 to change the zoning of lands in Part of Lot 2, Concession 10, from the Agricultural (A1) Zone to the “site-specific” Agricultural (A1-52) Zone and Special Agricultural (A2) Zone and shall now November 10, 2004…Pg 4 of 9 be read a third time and finally passed, signed, sealed and numbered By- law Number 2004-75–Zone Amendment – S Bodnar DISPOSITION: Carried Councillor Bodnar returned to the meeting. DELEGATION: TONY SZABO, SHIRLEY SLAATS WEST ELGIN COMMUNITY POLICING COMMITTEE Mr. Szabo noted that the WECPC is requesting funding for ads and publications of safety concerns that are not being addressed by others. Further, they would provide information about their meetings and how to contact committee members. They want to improve the public relations of the Committee through advertising. Budget proposals were presented. They are proposing to place ads at different times of the year; e.g. March Break – watch for children, summer – swimming, September – school back. The proposed budget is for 2004 and 2005 and includes newspaper classified advertisements, safety campaign ads and a newsletter (twice a year). RES. NO. 7 Moved by Balint Seconded by Wiehle RESOLVED that Council authorize a grant of $500.00 to West Elgin Community Policing Committee on basis of submission of invoices. DISPOSITION: Carried DELEGATION: FIRE CHIEF ANDY KIERASZEWICZ The Fire Chief referred to correspondence from the Municipality of Chatham-Kent. He reported that Chatham-Kent no longer requires mutual aid. Chatham-Kent is requiring a fee of $2700 per hour to assist West Elgin. Although we haven’t used their services since 1986, in the event of a major emergency their services could be required. We are required to enter into an agreement. He further noted that a clause should be added to the agreement that: if and only if the incident commander on scene requests their assistance would Chatham-Kent be called. Council agreed with that this clause be added. The Fire Chief advised that the Ministry of Labour is auditing volunteer fire departments, and citing that there is not enough paperwork being kept. The Fire Chief reported that the firefighters have half the funds needed for a snuffer truck and are asking for a loan for 2 years so that they can proceed. It was agreed that this item would be considered in the 2005 budget. SUBJECT: DRAFT EMERGENCY RESPONSE PLAN The Clerk presented the draft Emergency Response Plan that updates our previous plan. Council to review and advise the Clerk of concerns/changes before the next meeting. SUBJECT: DRAFT HIRING POLICY Council reviewed a draft hiring policy. The municipality is required under the new st Municipal Act by December 31 to have a policy with regard to the hiring of relatives. This draft also documents procedures that the municipality has been following. Council to review and advise the Clerk of proposed changes before the next meeting. November 10, 2004…Pg 5 of 9 SUBJECT: ACCOUNTS RES. NO. 8 Moved by Bodnar Seconded by Balint RESOLVED that the Mayor and Administrator/Treasurer be and they are hereby authorized to sign Payment Voucher #11 amounting to $427,722.61 in settlement of General, Road, Water and Arena Accounts (including cheques11006-11184). DISPOSITION: Carried SUBJECT: BY-LAW 2004-64 – BONN DRAIN RES. NO. 9 Moved by Wiehle Seconded by Bodnar RESOVLED 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 Bonn Drain be now read a third time and finally passed, signed, sealed and numbered By-law 2004-64 – Bonn Drain. DISPOSITION: Carried SUBJECT: BY-LAW 2004-73 – FREEMAN DRAIN AMENDING RES. NO. 10 Moved by Balint Seconded by Wiehle RESOLVED that the mover be granted leave to introduce a By-Law to amend By-law No. 2002-34 providing for the construction of the Freeman Drain and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 11 Moved by Wiehle Seconded by Balint RESOLVED that a By-law to amend By-law No. 2002-34 providing for the construction of the Freeman Drain be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-73 – Freeman Drain Amending DISPOSITION: Carried SUBJECT: BY-LAW 2004-83 – FEES AND CHARGES – ADMINISTRATION RES. NO. 12 Moved by Wiehle Seconded by Balint RESOLVED that the mover be granted leave to introduce a By-Law to establish various fees and tariffs for services provided by the Administration Department and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 13 Moved by Bodnar Seconded by Wiehle RESOLVED that a By-law to establish various fees and tariffs for services provided by the Administration Department be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-83 - Fees and Charges – Administration DISPOSITION: Carried November 10, 2004…Pg 6 of 9 SUBJECT: BY-LAW 2004-84 – AUTHORIZE AGREEMENT RE: GAS TAX REBATE RES. NO. 14 Moved by Bodnar Seconded by Balint RESOLVED that the mover be granted leave to introduce a By-Law to authorize the execution of an agreement with the Minister of Transportation and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 15 Moved by Balint Seconded by Bodnar RESOLVED that a By-law to authorize the execution of an agreement with the Minister of Transportation be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-84 – Authorize Agreement re: Gas Tax Rebate DISPOSITION: Carried SUBJECT: CORRESPONDENCE 1.* Optimist Club of West Lorne – request to support of Adult Fun Night, February 26 2005, Rodney Legion Instruction: RES. NO. 16 Moved by Balint Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin supports the annual Adult Fun Night being hosted by the Optimist Club of West Lorne at the Rodney Legion on February 26, 2005. DISPOSITION: Carried 2.* Khorie Dardarian – request for support of an amendment to severance application E72/04 Instruction: RES. NO. 17 Moved by Balint Seconded by Wiehle RESOLVED that the Council of the Municipality of West Elgin supports the amendment to severance application E72/04 as presented by Khorie Dardarian in his letter dated November 2, 2004. DISPOSITION: Carried 3.* Municipality of Chatham-Kent – Fee for Service for Emergency Purposes Instruction: See delegation (A Kieraszewicz) – letter to be sent to Chatham-Kent 4.* Municipality of Central Elgin – Police Services Board Instruction: File 5.* Wellesley Township – request for support of a resolution regarding Gas Tax Rebate program Instruction: RES. NO. 18 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 Wellesley Township regarding a fair share of the gas tax rebates for rural Ontario and Canada. DISPOSITION: Carried November 10, 2004…Pg 7 of 9 6. AMO Alert - AMO submission regarding Regulation 170/03 Instruction: File 7. Prime Minister of Canada – Throne Speech Instruction: File 8.* Municipality of Dutton/Dunwich – Police Services Contract Instruction: File 9. Ontario Good Roads Association – Highlights from OGRA Board of Directors’ Meeting, October 1, 2004 Instruction: File 10. Funshop 10 Seniors – thank you for financial support Instruction: File 11. Ontario Heritage Foundation – seeks Young Heritage Leaders Instruction: File 12.* Royal Canadian Legion, Rodney – Remembrance Day Instruction: File 13.* Bothwell & Area Soldiers Wall of Fame & History Centre – not participating in Remembrance Day Services in Bothwell Instruction: File 14. Elgin County Land Division Committee – Notice of Decision (J.A. Ross & Sons) Instruction: File 15. Elgin County Land Division Committee – Notice of Decision (Canada Southern Railway Co.) Instruction: File 16.* Village of Newbury – copy of correspondence to Minister of Health re: Four Counties Health Service Report of Supervisor Instruction: File 17. VON Middlesex-London – thank you for support of Senior Exercise Clinics Instruction: File 18.* Minister of Municipal Affairs and Housing – Long Standing Service Recognition of Municipal Politicians Instruction: File 19. OMAF – Update, November 5, 2004 Instruction: File RES. NO. 19 Moved by Wiehle Seconded by Bodnar RESOLVED that the correspondence be dealt with as per the instructions of Council as noted. DISPOSITION: Carried November 10, 2004…Pg 8 of 9 MINUTES * West Elgin Chamber of Commerce – September 7, 2004 *West Elgin Arena Board – October 12, 2004 *West Elgin Recreation Committee – October 26, 2004 SUBJECT: REQUEST TO ENACT A “NO SMOKING” BY-LAW No direction SUBJECT: OPERATIONS OF LANDFILL The Deputy Mayor reported that the Landfill Committee met with a ratepayer that enquired about the contract for the operations of the landfill and whether it would be tendered. He had a number of questions that staff will address. Councillor Balint reported that she had not received any complaints other than the stringent rules. The Deputy Mayor noted that our operator is on top of the new rules regarding landfills and has attended a course on operation of small landfills. The Mayor is not recommending we tender. We are not running into trouble with MOE and our present operator is sensitive to their requirements. He read a list of equipment that is available for our use. It was agreed that the operations of the landfill continue under the present contract. SUBJECT: HUNTING Councillor Bodnar reported that hunters have been using Joe’s Bush and are destroying the land and littering. After discussion on the matter, the following resolution was introduced: RES. NO. 20 Moved by Bodnar Seconded by Balint RESOLVED that Council authorize the erection of a “No Hunting” sign at Joe’s Bush and the Memorial Forest. DISPOSITION: Carried SUBJECT: PORT GLASGOW COMFORT STATION The Mayor enquired if Council wished a signed agreement with the Port Glasgow Yacht Club before a connection would be provided to our septic bed. Council agreed and the Mayor will meet with the Yacht Club members. SUBJECT: CLOSED SESSION RES. NO. 21 Moved by Balint Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin adjourn to a closed session to discuss: Personal matters about an identifiable individual, Labour relations or employee negotiations DISPOSITION: Carried November 10, 2004…Pg 9 of 9 RES. NO. 22 Moved by Balint Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin do now rise and report. DISPOSITION: Carried SUBJECT: SHARED EMPLOYEE – ROADS & WATER RES. NO. 23 Moved by Wiehle Seconded by Balint RESOLVED that Council authorize the internal posting of a Road Equipment Operator / Water Department Operators, on a shared duty basis. DISPOSITION: Carried SUBJECT: CONFIRMATION BY-LAW RES. NO. 24 Moved by Balint Seconded by Wiehle RESOLVED that the mover be granted leave to introduce a By-Law to confirm the proceedings of the meeting of Council held on November 10, 2004 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 25 Moved by Wiehle Seconded by Bodnar RESOLVED that a By-law to confirm the proceedings of the meeting of Council held on November 10, 2004 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-85 – Confirming By-law November 10 2004. DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 26 Moved by Balint Seconded by Bodnar RESOLVED that this Regular Meeting of Council adjourn at 5:45 p.m. to th meet again on November 18, 2004. DISPOSITION: Carried th These minutes were adopted on the 9 day of December, 2004. ___________________________ ____________________________ Mayor Clerk