October 14, 2004 Regular Meeting
M I N U T E S
OF THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGIN
WEST ELGIN COUNCIL CHAMBERS
TH
OCTOBER 14, 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 Roads Superintendent
Jeff Slater Recreation Superintendent
Bill Douglas By-law Enforcement Officer
DECLARATION OF PECUNIARY INTEREST:
None
SUBJECT: MINUTES
RES. NO. 1 Moved by Bodnar
Seconded by Mooser
RESOLVED that the minutes of the meetings held on the following dates
be adopted as printed and circulated.
September 9, 2004 Council
September 23, 2004 Council
September 23, 2004 Public Meeting - Krzworaczka
DISPOSITION: Carried
SUBJECT: ROADS REPORT
The Road Superintendent presented his monthly report. The Mayor reported on the
parking problem in front of the high school, noting that he has discussed the issue with
the school principal. Council directed that the OPP be contacted to ticket.
The Mayor noted that Graham Road south of Talbot Line is part of the TransCanada
Trail and that there are no shoulders for pedestrians to use. The Road Superintendent
reported that there is only ½ metre available to walk on. Council directed that the grass
be cut more often and earlier along this strip and that a “Watch for Pedestrians” sign be
erected.
SUBJECT: COUNTY OF ELGIN ROAD NETWORK STUDY UPDATE
Council reviewed documents from the County. It was noted that replacing of bridges is
very expensive. The Road Superintendent gave Council an estimate of repaving
Furnival and Dunborough Roads. Council requested that the County CAO and
Administrator attend a future meeting to discuss this matter further.
October 14, 2004…Pg 2 of 11
SUBJECT: SIDEWALK CONSTRUCTION QUOTATIONS
Council received the following quotations for sidewalk construction:
Dave Lilley & Sons $42,093.00 plus taxes
The Road Superintendent reported that this quotation is over the budget by $2,093.00.
RES. NO. 2 Moved by Bodnar
Seconded by Wiehle
RESOLVED that the Council of the Municipality of West Elgin accepts the
quotation of Dave Lilley & Sons Excavating in the amount of $42,093.00
plus taxes for sidewalk construction.
DISPOSITION: Carried
SUBJECT: RECREATION REPORT
The Recreation Superintendent presented his monthly report.
Councillor Balint reported that the Recreation Committee has met with Fair Board
representatives and they are looking into costs to rebuild/repair the Grandstand. The
engineer will be providing a report on the decking.
SUBJECT: WATER REPORT
The Water Superintendent was not in attendance. Council reviewed his monthly report.
SUBJECT: BY-LAW ENFORCEMENT
The By-law Enforcement Officer presented his monthly report. Council requested that
staff attend the site of the Eagle Trading Post fire.
SUBJECT: DRAINAGE APPORTIONMENT – WISMER DRAIN (MCFADDEN)
RES. NO. 3 Moved by Balint
Seconded by Bodnar
RESOLVED that the Council approves the agreement on share of
drainage assessment on the Wismer Drain as requested by Ernest &
Barbara McFadden under Section 65 (6) of the Drainage Act.
Original Assessment New Assessment
Concession 7 Pt. Lot 7 1.18 AC. 0.40AC. 0.95AC
Benefit - $0 Benefit - $0 Benefit - $0 Benefit -$0
Outlet - $175.00 Outlet - $80.00 Outlet - $24.00 Outlet-$71.00
DISPOSITION: Carried
SUBJECT: TENDER FOR MILTON DRAIN MAINTENANCE
Council received the following tender for the Milton Drain Maintenance project:
Timmermans Drainage $4,810.00
Darrell Dick $5,661.00
RES. NO. 4 Moved by Mooser
Seconded by Wiehle
RESOLVED that the Council of the Municipality of West Elgin accepts the
tender of Timmermans Drainage in the amount of $4,810.00 plus taxes for
the Milton Drain Maintenance project.
DISPOSITION: Carried
October 14, 2004…Pg 3 of 11
SUBJECT: MARRIAGE LICENSES FEES
Council reviewed a report from the Administrator-Treasurer outlining a proposed
increase in the fees charged for marriage licenses. Council agreed with the
recommendation.
See By-law 2004-71
SUBJECT: 2003 MUNICIPAL PERFORMANCE MEASUREMENT PROGRAM
Council reviewed a report outlining the results for 2003.
SUJBECT: NO TRESPASSING BY-LAW
Council reviewed a draft by-law, which indicates the municipal properties where persons
are not permitted between 11:00 p.m. and 7:00 am.
See By-law 2004-70
SUBJECT: DRAFT NOISE BY-LAW
Council reviewed a report from the Clerk, which outlined proposed changes to the draft
noise by-law. Council agreed with the changes and directed a by-law be brought
forward at the next meeting.
SUBJECT: DRAFT PURCHASING POLICY
Council reviewed a draft purchasing policy. This policy is a requirement of the new
Municipal Act. Council to review the policy and bring forward proposed changes prior to
next meeting.
SUBJECT: DRAFT LEASING POLICY
Council reviewed a draft leasing policy. This policy is a required of the new Municipal
Act. Council to review the policy and bring forward proposed changes prior to next
meeting.
SUBJECT: ACCOUNTS
RES. NO. 5 Moved by Bodnar
Seconded by Mooser
RESOLVED that the Mayor and Administrator/Treasurer be and they are
hereby authorized to sign Payment Voucher #10 amounting to $386286.31
in settlement of General, Road, Water and Arena Accounts (including
cheques 10836-11005).
DISPOSITION: Carried
SUBJECT: COURT OF REVISION – BONN DRAIN
RES. NO. 6 Moved by Bodnar
Seconded by Balint
RESOLVED that the members of the Court of Revision on the Bonn Drain
be as follows:
Chairman: Bernie Wiehle
Members: Trudy Balint, Mary Bodnar, Graham Warwick, Mike Mooser
DISPOSITION: Carried
October 14, 2004…Pg 4 of 11
Council adjourned to hold a Court of Revision and resumed their meeting thereafter.
SUBJECT: HOSPITAL FUNDING
The Mayor presented a resolution concerning the funding of rural hospitals for Council
consideration.
RES. NO. 7 Moved by Wiehle
Seconded by Mooser
WHEREAS present hospital funding is favouring high-volume, urban
hospitals, over the large geographic area but low-volume, rural hospitals;
AND WHEREAS under the Canada Health Act, all Canadians are
guaranteed equal access to health care;
AND WHEREAS unlike in the city, closing hospitals beds and emergency
rooms in Rural areas leaves no near by, or practical alternative;
AND WHEREAS rural businesses must have local health care to attract
and keep employees;
THEREFORE BE IT RESOLVED that the Provincial Government
recognize that it is in the long term interest of the people and the economy
of Ontario to ensure funding for rural hospitals be spent on beds and
emergency services and not wasted on high administration costs.
FURTHER BE IT RESOLVED that in order to maintain the remaining rural
services and prevent further crowding of city hospitals the Provincial
Government must take the geographic area served into account and
increase funding to rural hospitals.
DISPOSITION: Carried
SUBJECT: PUBLIC MEETING – REVISION TO BUDGET
The Administrator-Treasurer reported that the tender for the painting of the Rodney
Water Tower is higher than the amount budgeted. Further, the project will proceed in
two years – inside in 2004 and outside in 2005. If the entire project proceeded this year,
there is enough money in surplus. The balance will be considered unfinanced capital for
2004.
RES. NO. 8 Moved by Bodnar
Seconded by Wiehle
RESOVED that whereas the painting of the Rodney Water Tower will only
be partially completed this year, Council authorizes the approximate
balance of $189,000 be transferred to UFCO.
DISPOSITION: Carried
SUBJECT: CONSIDERATION MEETING – THOMPSON DRAIN
Also in attendance: John M. Spriet, Engineer from Spriet & Associates
Bill Keutch, Harry Mezenberg, Jeff Kerperum, Jeanne Bain, Les &
Louise Welch, Dorothy Long, Larry Murphy, Diane McFadden,
Bryan Pinder, Robert Shaw
RES. NO. 9 Moved by Mooser
Seconded by Wiehle
RESOLVED that Council consider the Engineer’s Report on the Thompson
Drain.
DISPOSITION: Carried
The Clerk stated that correspondence was received from Lower Thames Conservation
Authority with no objections.
October 14, 2004…Pg 5 of 11
The Drainage Engineer gave a brief presentation of his report. He brought forward a
request from the Municipal Water Superintendent for a connection from the Water
Tower to this drain to control the flow from the Water Tower in cases of
emergency/maintenance. It would be a private drain and the responsibility of the
municipality.
Mr. Mezenberg asked about the water from Queen Street. The Drainage Engineer
reported that these lands are not in the watershed.
RES. NO. 10 Moved by Balint
Seconded by Bodnar
RESOLVED that the Engineer’s Report for the Thompson Drain, be
accepted and the Clerk is instructed to draw up the necessary by-law.
DISPOSITION: Carried
SUBJECT: BY-LAW 2004-70 – NO TRESPASSING BY-LAW
RES. NO. 11 Moved by Wiehle
Seconded by Mooser
RESOLVED that the mover be granted leave to introduce a By-Law to
establish the hours during which certain municipal properties are to be
closed to the public and this shall be the first and second reading and
provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 12 Moved bay Mooser
Seconded by Wiehle
RESOLVED that a By-law to establish the hours during which certain
municipal properties are to be closed to the public be now read a third time
and finally passed, signed, sealed and numbered By-law Number 2004-70
– No Trespassing By-law
DISPOSITION: Carried
SUBJECT: BY-LAW 2004-71 – FEES & CHARGES – ADMINISTRATION
RES. NO. 13 Moved by Mooser
Seconded by Wiehle
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. 14 Moved by Wiehle
Seconded by Mooser
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 2004-71 –
Fees & Charges - Administration
DISPOSITION: Carried
SUBJECT: CORRESPONDENCE
1.* Oxford County – request for support of a resolution regarding MPAC
Instruction:
October 14, 2004…Pg 6 of 11
RES. NO. 15 Moved by Balint
Seconded by Bodnar
RESOLVED that Council of the Municipality of West Elgin is in support of a
resolution put forth by Oxford County regarding improvements to MPAC.
DISPOSITON: Carried
2.* Town of Halton Hills – request for support of a resolution regarding Tax Freeze
for Senior Homeowners
Instruction: File
3.* County of Elgin – Elgin Group O.P.P. Contract Renewal
Instruction:
RES. NO. 16 Moved by Mooser
Seconded by Balint
RESOLVED that the County of Elgin continue its role as co-
ordinator/negotiator of the Police Services Contract with the Ontario
Provincial Police on behalf of the municipality, with the final contract to be
adopted by the participating local Councils.
THAT the County continue to organize and administer the Elgin Group
Police Services Board on behalf of the participants.
THAT no RFP for Police Services be issued or called.
THAT a contract renewal with the OPP for the policing be negotiated for a
minimum of Five (5) years if available.
THAT cost sharing and payments continue on the same basis as the
previously established contract.
DISPOSITION: Carried
4.* City of Woodstock – request for support of a resolution regarding Municipal
Property Tax Deferral Program
Instruction: File
5.* County of Elgin – Elgin County Road Network Study Update
Instruction: County Administrator and Engineer to attend a future council
meeting.
6. Township of Southwold – invitation to attend Remembrance Day Ceremony
Instruction: File
7.* Tiny Tots Co-operative Nursery School – request to waive fees
Instruction:
RES. NO. 17 Moved by Bodnar
Seconded by Wiehle
RESOLVED that Council of the Municipality of West Elgin authorize the
waiving of rental fees for the use of the Rodney Recreation Centre on
November 6, 2004 for the Scrapbooking Marathon fundraiser being hosted
by Tiny Tots Nursery School.
DISPOSITION: Carried
8. County of Elgin – announcement of Warden’s Banquet to be held on November
th
6, St. Thomas
Instruction: File
9.* Municipality of Trent Hills – request for support of a resolution regarding MPAC
Instruction: File
October 14, 2004…Pg 7 of 11
10.* Rodney Aldborough Agriculture Society – thank you for support of tractor pull
Instruction: File
11.* County of Elgin Land Division Committee – application for consent, Part Lot B,
Concession 7 (Canada Southern Railway Co.)
Instruction:
RES. NO. 18 Moved by Mooser
Seconded by Wiehle
RESOLVED that Council of the Municipality of West Elgin have the
following comments regarding Severance Application E106/04 as applied
for by Canada Southern Railway Co.
Council approves the severance.
DISPOSITION: Carried
12.* County of Elgin Land Division Committee – application for consent, Main Street,
West Lorne (JA Ross & Sons)
Instruction: See delegation – Colleen McGill
13.* West Lorne & Community Horticultural Society – removal of benches in
downtown
Instruction: Staff directed to leave benches in place until after the Santa Claus
parade.
14.* Elgin and St. Thomas Housing Corporation – membership on Board Directors
Instruction: Clerk to advise that Council cannot suggest anyone at this time but
will continue looking.
15.* Waste Diversion Ontario – 2003 Municipal Blue Box Datacall Results
Instruction: File
16.* Santa Claus Parade Committee – request for donation
Instruction:
RES. NO. 19 Moved by Bodnar
Seconded by Mooser
RESOLVED that Council authorize a grant in the amount of $1,000.00 to
the West Lorne Santa Claus Parade Committee subject to invoices to be
submitted to the municipality.
DISPOSITION: Carried
17.* Annual Southwestern Ontario Conference – November 29, 2004, agenda and
registration package
Instruction: File
18.* Ministry of Agriculture and Food – 2004/2005 Tile Drainage Program
Instruction: File
16. AMO Alert - Government amends Bill 124 (Building Code Statue Law
Amendment Act) regulations to limit conflicts of interest
and protect public safety
Instruction: File
17. Federation of Canadian Municipalities – web site tracks growth of national
infrastructure debt
Instruction: File
October 14, 2004…Pg 8 of 11
18. Press Release – New Medical Clinic to open at Four Counties
Instruction: File
19. OMAF Bulletin – September 9, 2004
Instruction: File
20.* Ministry of Agriculture and Food – Municipal Outlet Drainage Program
Instruction: File
21. Township of Southwold – copy of correspondence to Minister Peters regarding
Municipal Outlet Drainage Program
Instruction: File
22. CUPE – proclamation of Child Care Worker & Early Childhood Educator
Appreciation Day
Instruction: File
23. Ministry of Consumer and Business Services – Retail Closings on Thanksgiving
Day
Instruction: File
24. Elgin Group Police Services Board – Detachment Commander’s Report, June –
August 2004
Instruction: File
25. Minister of Municipal Affairs and Housing – launching of Ontario Regional Area
Municipal Portal Northwest, Onramp - NW
Instruction: File
26. Ministry of Consumer and Business Services – regulatory changes to Marriage
Act
Instruction: File
27. Elgin County Land Division Committee – Notice of Decision - Alderton
Instruction: File
28. Elgin County Land Division Committee – Notice of Decision – 1273969 Ontario
Inc.
Instruction: File
29. Ontario Heritage Foundation – nominations of local heritage champions
Instruction: File
30. Ministry of Municipal Affairs and Housing – relief on minor planning applications
(Greenbelt Protection Act)
Instruction: File
31. Ministry of Tourism /Ministry of Municipal Affairs and Housing – community use of
school program
Instruction: File
32. Ontario Clean Water Agency – Newsletter, Fall 2004
Instruction: File
33. Lower Thames Valley Conservation Authority – minutes of the meeting held on
August 26, 2004
Instruction: File
October 14, 2004…Pg 9 of 11
34. Ontario Heritage Foundation – Young Heritage Leaders Program
Instruction: File
35. OMAF Bulletin – October 5, 2004
Instruction: File
36. Elgin Group Police Services Board – minutes of the meeting held on September
22, 2004
Instruction: File
37. Town of Halton Hills – request for resolution regarding Two Hatters (fire-fighters)
Instruction: File
38. Ministry of Environment – Certificate of Approval for Generator Set at Water
Treatment Plant
Instruction: File
39.* Minister of Municipal Affairs and Housing – Open Letter to Stakeholders, dated
October 7, 2004.
Instruction: File
40.* The Royal Canadian Legion, Rodney Branch – donation for Port Glasgow Trailer
Park
Instruction: File
41.* Rodney Aldborough Agricultural Society – thank you for assistance with Fall Fair
Instruction: File
RES. NO. 20 Moved by Balint
Seconded by Bodnar
RESOLVED that the correspondence be dealt with as per the instructions
of Council as noted.
DISPOSITION: Carried
DELEGATION: COLLEEN MCGILL
RE: SEVERANCE APPLICATION – J.A. ROSS & SONS
Mrs. McGill was in attendance to discuss the proposed conditions as outlined in the
correspondence from Community Planners.
RES. NO. 21 Moved by Wiehle
Seconded by Bodnar
RESOLVED that the Council of the Municipality of West Elgin have the
following comments regarding Severance Application E111/04 as applied
for by J.A.Ross and Sons Ltd.
Council approves the severance.
Conditions:
1. After discussion and agreement of Mrs. McGill, the following
resolution was introduced: That the proposed lot line between the
lands being conveyed and the lands being retained be re-located 3
metres (10 feet) to the east to provide uninterrupted access by
pedestrians from Main Street to the rear entrance of the building on
the lands being conveyed (being the foodstore) as well for the
purposes of maintaining the walkway and the exterior of the building
to the satisfaction of the Municipality.
October 14, 2004…Pg 10 of 11
2. That the existing vehicular entrance on the lands being retained from
Main Street be posted with a sign indicating “entrance – only” to
vehicular traffic to the satisfaction of the Municipality.
3. That the existing barrier at the rear of the former Health Centre
building be removed in its entirety to permit vehicular access from
Main Street to parking lot on Lot 29, R.P. 72.
4. That the existing garage on Lot 29, R.P. 72 be removed, if necessary,
to accommodate the required parking on the lands being retained to
the satisfaction of the Municipality.
5. That Lot 31 and 32, R.P. 72 be deemed not to be lots on a registered
plan of subdivision in accordance with Section 50(4) of the Planning
Act and consolidated in title with part of Lot 42, R.P. 72 (i.e. the lands
being conveyed).
6. That Lot 29, R.P. 72, be deemed not to be a lot on a registered plan
of subdivision in accordance with Section 50(4) of the Planning Act
and consolidated in title
DISPOSITION: Carried
MINUTES
*West Elgin Recreation Committee – October 4, 2004
SUBJECT: TRI COUNTY MANAGEMENT AGREEMENT
The Administrator-Treasurer reported on the changes to the management agreement as
discussed at the recent Tri County meeting. Council did not agree with the following
suggestions:
?
Item 2.8, change recommend to direct the operating authority
?
Item 3.2, change to quarterly reports
?
Removal of standpipe from agreement
SUBJECT: WATER RESPONSE TEAM
The Administrator/Treasurer reported that an email has been received from the Lower
Thames Valley Conservation Authority indicating that the area is now under a Level One
th
Low Water Condition. As a result a Water Response Team will meet on October 28 at
10:00 a.m. Council agreed that the Deputy Mayor would continue his involvement with
the LTVCA and sit on this committee. However the meeting conflicts with our next
council meeting and the LTVCA be so advised.
SUBJECT: CLOSED SESSION
RES. NO. 22 Moved by Mooser
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
DISPOSITION: Carried
RES. NO. 23 Moved by Balint
Seconded by Wiehle
RESOLVED that the Council of the Municipality of West Elgin do now rise
and report.
DISPOSITION: Carried
October 14, 2004…Pg 11 of 11
SUBJECT: OPERATION OF THE WATER TREATMENT PLANT
Council reported that the Tri County Management Committee has requested West Elgin
assume operations of the Water Treatment Plant. Council determined that they do not
wish to assume this responsibility at this time and the Mayor will report this to the Tri
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County Management Committee at their meeting on October 25, 2004.
SUBJECT: CONFIRMATION BY-LAW
RES. NO. 24 Moved by Balint
Seconded by Bodnar
RESOLVED that the mover be granted leave to introduce a By-Law to
confirm the proceedings of the meeting of Council held on October 14,
2004 and this shall be the first and second reading and provisional
adoption thereof.
DISPOSITION: Carried
RES. NO. 25 Moved by Bodnar
Seconded by Mooser
RESOLVED that a By-law to confirm the proceedings of the meeting of
Council held on October 14, 2004 be now read a third time and finally
passed, signed, sealed and numbered By-law Number 2004-72–
Confirming By-law October 14 2004.
DISPOSITION: Carried
SUBJECT: ADJOURNMENT
RES. NO. 26 Moved by Wiehle
Seconded by Mooser
RESOLVED that this Regular Meeting of Council adjourn at 5:00 p.m. to
th
meet again on October 28, 2004.
DISPOSITION: Carried
th
These minutes were adopted on the 10 day of November, 2004.
___________________________ ____________________________
Mayor Clerk