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April 14, 2005 Regular Meeting M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS TH APRIL 14, 2005 MEMBERS PRESENT: Mayor Graham Warwick, Deputy Mayor Bernie Wiehle Councillors Trudy Balint, Mary Bodnar, Mike Mooser STAFF PRESENT: Joanne Groch Administrator/Treasurer Norma Bryant Clerk Paul VanVaerenbergh Roads Superintendent Jeff Slater Recreation Superintendent Bill Douglas By-law Enforcement Officer Lloyd Jarvis Water Superintendent DECLARATION OF PECUNIARY INTEREST: Councillor Mooser declared a pecuniary interest with item D#8; Councillor Balint declared a pecuniary interest with item D#9. SUBJECT: MINUTES RES. NO. 1 Moved by Bodnar Seconded by Wiehle RESOLVED that the minutes of the meetings held on the following dates be adopted as printed and circulated. March 10, 2005 Council March 10, 2005 Court of Revision – Thompson Drain March 24, 2005 Council March 24, 2005 Public meeting – zoning amendment (Felder) March 31, 2005 Committee of Adjustment – Fleuren March 31, 2005 Special Session DISPOSITION: Carried SUBJECT: ROADS REPORT The Roads Superintendent presented the monthly report. The Deputy Mayor brought forward a concern regarding 4-wheelers using road allowances and railway property. Councillor Bodnar reported that this was discussed at the Community Policing Committee meeting and the OPP asks that residents call them when the incident is occurring. There are complaints throughout the County. SUBJECT: STREETLIGHT MAINTENANCE TENDER The following streetlight maintenance tenders were received by Council: Bucket Truck Fees for repairs at Inspection charges contractor’s shop Gerber Electric $100.00 per hour $47.50 per hour $57.50 per hour Rose Electric $145.00 per hour $45.00 per hour Plus 15% inspection charges April14, 2005…Pg 2 of 11 RES. NO. 2 Moved by Mooser Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin accepts the tender of Gerber Electric in the amount of $ 100.00 per hour for bucket truck and two men, $47.50 per hour for repairs at contractor’s shop and $57.50 for inspection charges plus GST for streetlight maintenance. DISPOSITION: Carried SUBJECT: BRINE TENDER The following brine tenders were received by Council: Price per cubic metre Cliff Holland $27.04 plus taxes Den Mar Brines $27.00 plus taxes The Road Superintendent reported that to stay within the budgeted amount would necessitate a decrease in the amount of brine from 4000 cubic metres to approximately 2700 cubic metres. He contacted the lowest bidder who agrees to the price quoted for the smaller amount. RES. NO. 3 Moved by Wiehle Seconded b Balint RESOLVED that the Council of the Municipality of West Elgin accepts the tender of Den Mar Brines in the amount of $27.00 per cubic metre plus GST for 2700 cubic metres of brine. DISPOSITION: Carried SUBJECT: SIDEWALK PLOWING Also in attendance: Road Superintendent The Recreation Superintendent presented a report regarding equipment and manpower to complete sidewalk plowing in West Lorne and Rodney. A smaller tractor is required for the smaller (four foot wide) sidewalks in West Lorne and Rodney. The downtown areas in West Lorne and Rodney need a larger tractor. The Recreation Superintendent is suggesting a new tractor that could also complete other tasks for the department and keep the smaller tractor for the smaller sidewalk clearance. After discussion Council directed that staff investigate the possibility of contracting the plowing of all sidewalks. SUBJECT: RECREATION REPORT The Recreation Superintendent presented his monthly report. He reported that Carolyn Guest of Rodney Horticultural Society had met with the Recreation Committee to discuss the location of park benches in downtown Rodney. SUBJECT: MILLER PARK PAVILION AND WASHROOMS Discussion took place regarding the proposed pavilion/washroom building for Miller Park. Under the OSTAR - SCTP grant, the washroom project needs to be completed by March 2006. The Optimist Club is proposing a grant request to the Trillium Foundation for a combined washroom and pavilion building; the amount of grant and timing is unknown at this time. Further, how the total project will be funded is unclear. Discussion took place regarding the construction of a smaller washroom only this year. New drawings will be required. April14, 2005…Pg 3 of 11 RES. NO. 4 Moved by Balint Seconded by Wiehle RESOLVED that Council proceed with a two-room washroom with two toilets in each at Miller Park and that the Optimist Club be advised to make application to Trillium for a stand-alone pavilion and be responsible for total financing of same. AND FURTHER that staff proceeds to obtain a revised drawing. A recorded vote was requested by Councillor Mooser. Balint yes Wiehle yes Bodnar yes Warwick yes Mooser no DISPOSITION: Carried SUBJECT: LINE PAINTER The Recreation Superintendent reported that a new line painter to replace the existing equipment for soccer fields is in the Recreation Budget. The equipment is needed now. The equipment uses less paint and there is only one supplier. The recreation department has used this equipment and is satisfied with its performance. RES. NO. 5 Moved by Bodnar Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin accepts the quotation of Simplistic Lines in the amount of $3,495.00 plus taxes for the purchase of a line painter and that this amount be included in the budget. DISPOSITION: Carried SUBJECT: BY-LAW ENFORCEMENT REPORT The By-law Enforcement Officer reviewed his monthly report. He presented a written summary on the effectiveness of the “Cleaning and Clearing of Land By-law”. SUBJECT: WATER REPORT The Water Superintendent presented his monthly report. The Mayor enquired about the status of the washroom project at Port Glasgow. The Water Superintendent reported that the filter bed, etc would hopefully be installed by the end of May. Quotations will be provided to Council at the next meeting. It was reported that the land acquisition for Finney Street extension has been completed. Once COMRIF funding has been announced the water extension to Queen Street can be engineered. SUBJECT: PRIVATE DRAIN TO CONNECT TO THOMPSON DRAIN - VICTORIA STREET WATER TOWER The following quotations were received by Council to supply and install 37 metres of 250 mm. HDPE DR17 pipe: QUOTE (plus taxes) Clarke Drainage $5,392.73 Henry Heyink Construction $5,970.00 Ontario Pipeline Services $7,400.00 April14, 2005…Pg 4 of 11 RES. NO. 6 Moved by Mooser Seconded by Wiehle RESOLVED that the Council of the Municipality of West Elgin accepts the quotation of Clarke Drainage in the amount of $ 5,392.73 plus GST for installation of a drain to connect Water Tower at Victoria Street yard to Thompson Drain and that this amount be included in the budget. DISPOSITION: Carried SUBJECT: WATER SAMPLING STATIONS The Water Superintendent reported that a number of water sampling stations need to be replaced so that better water samples are obtained. The following quotations were received by Council for water sampling stations: QUOTE TOTAL QUOTE PER UNIT (5) PLUS TAXES Ontario Water Products $711.00 $3,555.00 EMCO Supply $650.00 $3,250.00 RES. NO. 7 Moved by Bodnar Seconded by Mooser RESOLVED that the Council of the Municipality of West Elgin accepts the quotation of EMCO Supply in the amount of $3,250.00 plus GST for five water sampling stations and that this amount be included in the budget. DISPOSITION: Carried DELEGATION: ANDY CIPU RE: PROPERTY STANDARDS Mr. Cipu appeared before Council to request Council to enforce the by-laws relating to upkeep of properties more diligently. He asked why residents had to sign complaints when the problem is visible to staff. The Mayor reported that our new by-law is effective and complaints are being resolved. Complaints are required to be issued in writing. Residents now know that there are results so complaints are being submitted. The Deputy Mayor noted that time lines for results should be reviewed. The owner of the property in question waited until the last minute to clean up. SUBJECT: BUILDING REPORT The Chief Building Official was not in attendance. Council reviewed his monthly report for January, February and March. In January, three permits were issued totalling $338,500 worth of construction. In February, one permit was issued totalling $485,000 worth of construction. In March, six permits were issued totalling $506,000 worth of construction. April14, 2005…Pg 5 of 11 SUBJECT: TENDER FOR DRAIN MAINTENANCE The following tenders were received by Council for drain maintenance: CONTRACTOR Timmermans A-Excavating Dave Lilley Campbellton Excavating #1 4X4 backhoe $130 $70 $60 0 Labourer 30 25 25 0 #2 2-wheel backhoe 60 60 0 0 #3 track excavator 90 100 90 $100 - 2005-04-25 $120 – 2006/7 Small excavator 0 85 0 65 Move in charge 90 200 90 Under 4 hrs – add one hour #4 tandem dump truck 60 58 50 0 RES. NO. 8 Moved by Balint Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin accepts the tender of Dave Lilley in the amount of $ 60.00 per hour for 4X4 backhoe, labourer $25.00 per hour, $90.00 per hour for track excavator, $90.00 move in charge and $50.00 per hour for tandem dump truck plus GST for drain maintenance. DISPOSITION: Carried SUBJECT: THOMPSON DRAIN TENDER The following tenders were received for the Thompson Drain: Van Bree Drainage & Bulldozing Ltd. $30,520.00 plus taxes A.G. Hayter Contracting Ltd. $39,725.00 plus taxes Timmermans Drainage and Excavating Inc. $33,324.00 plus taxes McKenzie & Henderson Ltd. $58,680.00 plus taxes RES. NO. 9 Moved by Mooser Seconded by Wiehle RESOLVED that the Council of the Municipality of West Elgin accepts the tender of Excavating & Bulldozing in the amount of $ 30,520.00 plus GST for the Thompson Drain. DISPOSITION: Carried SUBJECT: ACCOUNTS RES. NO. 10 Moved by Bodnar Seconded by Balint RESOLVED that the Mayor and Administrator/Treasurer be and they are hereby authorized to sign Payment Voucher #4 amounting to $605,253.97 in settlement of General, Road, Water and Arena Accounts (including cheques 12116-12297) DISPOSITION: Carried DELEGATION: TONY WHYTE, STEVENSON & HUNT RE: EMPLOYEE BENEFIT PLAN Mr. Whyte presented a report outlining the proposed renewal plan for employee benefits commencing on May 1, 2005. Overall, there has been 12% decrease in rates. Mr. Whyte reviewed the rates for life and accidental, long-term disability, extended health and dental. April14, 2005…Pg 6 of 11 RES. NO. 11 Moved by Mooser Seconded by Balint RESOLVED that Council renew the employee benefit plan as underwritten by Manulife Financial as of May 1, 2005 DISPOSITION: Carried SUBJECT: CORRESPONDENCE 1.* Elgin St. Thomas Health Unit – Notice of Increased Activity for West Nile Virus Instruction: File 2.* Town of Hanover – request for support of a resolution regarding policing costs Instruction: File 3.* Martin Blackwell, Dave Linton – request for reduced rate for Fighting Fit work out group Instruction: Refer to Recreation Committee 4.* Municipality of Tweed – request for support of a resolution regarding eligible costs for COMRIF Instruction: RES. NO. 12 Moved by Wiehle Seconded by Balint RESOLVED that Council of the Municipality of West Elgin is in support of a resolution put forth by the Municipality of Tweed requesting the provincial and federal governments to allow the use of pre-engineering studies that were carried out prior to the announcement of the COMRIF program. DISPOSITION: Carried 5.* Association of Municipal Tax Collectors of Ontario – request for support of a resolution regarding Current Value Assessment Instruction: RES. NO. 13 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 Association of Municipal Tax Collectors of Ontario requesting the Province to amend legislation commencing for the 2006 taxation year, to specify that once a property reaches CVA taxation, it remains at CVA taxes, regardless of the result of future reassessments. DISPOSITION: Carried 6.* Township of Huron-Kinloss – request for support of a resolution regarding agriculture income stabilization Instruction: RES. NO. 14 Moved by Mooser Seconded by Wiehle RESOLVED that Council of the Municipality of West Elgin is in support of a resolution put forth by the Township of Huron-Kinloss supporting “grain market disaster” funding and refinements to CAISP. DISPOSITION: Carried Councillor Mooser declared a conflict of interest with the following item and left the meeting. April14, 2005…Pg 7 of 11 7.* Royal Canadian Legion, West Lorne – request for funds for war memorial Instruction: Legion to be advised that Council supports the addition to the cenotaph, should funds be requested apply in writing and submit current financial statements. Councillor Mooser returned to the meeting. Councillor Balint declared a conflict of interest with the following item and left the meeting. 8.* West Elgin (Army) Cadet Corps – request to waive fees and rental for Third Annual Inspection, June 4, 2005 at arena. Instruction: RES. NO. 15 Moved by Wiehle Seconded by Mooser RESOLVED that Council of the Municipality of West Elgin authorize the payment of rental fees for the use of the West Elgin Arena on June 4, 2005 from 1:00 p.m. for the Second Annual Inspection of the #2884 West th Elgin Army Cadet Corps. and for evening practices on May 26 and June nd 2, 2005. DISPOSITION: Carried Councillor Balint returned to the meeting. 9.* Municipality of Grey Highlands – request for support of a resolution supporting Ontario Farmers and the Ontario Grain & Oilseed Group Instruction: RES. NO. 16 Moved by Wiehle Seconded by Balint RESOLVED that Council of the Municipality of West Elgin is in support of a resolution put forth by the Municipality of Grey Highlands supporting the Ontario Farmers and the Ontario Grain & Oilseed Group in their petition to the Province of Ontario for funding. DISPOSITION: Carried 10.* Town of Tecumseh – request for support of a resolution regarding provincial funding for disaster relief training Instruction: File 11.* Town of North Perth – request for support of a resolution regarding changes to the Building Code Act Instruction: RES. NO. 17 Moved by Balint Seconded by Mooser RESOLVED that Council of the Municipality of West Elgin is in support of a resolution put forth by the Town of North Perth regarding changes to Bill 124. DISPOSITION: Carried 12.* Four Counties Health Services Foundation – Physician Recruitment Strategy and Financial Statement (March 31, 2004) Instruction: Clerk directed to forward letter requesting more information. 13.* Regional Municipality of Niagara – request for support of a resolution regarding Long Term Vitality of Ontario Farmers Instruction: File April14, 2005…Pg 8 of 11 RES. NO. 18 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 Regional Municipality of Niagara supporting Ontario farmers. DISPOSITION: Carried 14.* Rodney Kiwanis club – request to waive rental fee for Rodney Recreation Centre on Saturday March 26th for Easter Egg Hunt. Instruction: RES. NO. 19 Moved by Balint Seconded by Bodnar RESOLVED that Council of the Municipality of West Elgin authorize the waiving of rental fees for the use of the Rodney Recreation Centre on Saturday March 26, 2005 for the Kiwanis Annual Easter Egg Hunt. DISPOSITION: Carried 15.* Village of Newbury – back-up for emergency purposes for Newbury water distribution system Instruction: RES. NO. 20 Moved by Mooser Seconded by Balint RESOLVED that Council of the Municipality of West Elgin agrees to provide emergency back-up services for Village of Newbury Water Distribution System. DISPOSITION: Carried 16.* Ministry of Natural Resources – request for support of gun hunting on Sundays during existing gun hunting seasons. Instruction: File 17.* Robert King – request for financial support for participation in Ontario Senior Games Instruction: Clerk to advise mileage be paid for West Elgin residents to attend events. 18.* The Good Shepherd Fellowship – request to rent Scout Hall Instruction: Clerk to advise of municipal policy. 19. Ministry of Finance – announcement of Ontario Municipal Partnership Fund (OMPF) Instruction: File 20. Ministry of Community Safety and Correctional Services – Ontario Fire Services grant Instruction: File 21. AMO Alert - Province passes legislation to ban pit bulls transitioning for Provincial Policy Statement - Best Start Plan gets piloted - Ontario Health Premium - MOE release report on Regulation 170: Smaller Private - Systems Ontario Victim Services Secretariat – applications - Ontario Trails Strategy Consultations - April14, 2005…Pg 9 of 11 Province announces CRF reconciliation: funding model to - replace CRF Pit Bull and Dangerous Dog provisions proclaimed - Registration for OSUM - Report on April Board meeting - New regulations introduced for Bill 124 (Building Code Statute - Law Amendment Act) Instruction: File 22. Federation of Canadian Municipalities Members Advisory Green Municipal Funds for brownfields remediation and development – Instruction: File 23. Minister Responsible for Seniors – designate June as Seniors Month Instruction: File 24. West Eglin Citizens’ Group for Rural Education – update on activities Instruction: File 25. West Elgin Community Policing Committee – minutes of the February 9, 2005 meeting Instruction: File 26. Heart & Stroke Foundation – notice of province wide charitable raffle. Instruction: File 27. Canada Post – announcement of 2005 Literacy Awards Instruction: File 28. Ministry of the Attorney General – application for Ontario Victim Services Secretariat community project grants Instruction: File 29. Lower Thames Valley Conservation Authority – minutes of the meeting held on February 24, 2005. Instruction: File 30. Steve Peters M.P.P. – funding for municipal fire departments for training and equipment Instruction: File 31. County of Elgin – announcement of Canada Ontario Infrastructure Program grant Instruction: File 32.* CEUDA – request for support for a Canadian Border Patrol Instruction: File 33. Ontario Property and Environmental Rights Alliance – Information Bulletin for Ontario Landowners Instruction: File 34. Steve Peters M.P.P. – announcement of OMPF funding for Elgin-Middlesex- London municipalities Instruction: File 35.* Association of Municipalities of Ontario – allocation of federal gas tax revenues Instruction: File April 14, 2005…Pg 10 of 11 36. Ministry of Natural Resources – annual wildlife rabies control program Instruction: File 37. County of Prince Edward – CRF funding Instruction: File thrd 38. The 6 Annual Thames River Clean- up – Saturday April 23 Instruction: File 39. Municipality of Bayham – not support Police Services Budget Instruction: File 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 SUBJECT: MINUTES *West Elgin Chamber of Commerce – March 1, 2005 *West Elgin Recreation Committee – Special Session – March 23, 2005 * West Elgin Arena Board – March 21, 2005 SUBJECT: ONTARIO CLEAN WATER AGENCY – SCHEDULE 22 SUMMARY REPORT Res. No. 22 Moved by Mooser Seconded by Wiehle RESOLVED that Council of the Municipality of West Elgin accepts the Annual Report, as required by Schedule 22, for 2004 prepared by Ontario Clean Water Agency and to be presented to the Tri County Management Committee. DISPOSITION: Carried SUBJECT: 2005 BUDGET The Administrator/Treasurer presented the 2004 budget, 2004 actuals and proposed 2005 budget on the following: ? Port Glasgow Trailer Park, management fees changed ? Drainage Superintendent ? Four Counties Transportation Services ? MTO licensing office ? Debentures & loans SUBJECT: CLOSED SESSION RES. NO. 23 Moved by Balint Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin adjourn to a closed session to discuss litigation or potential litigation. DISPOSITION: Carried April14, 2005…Pg 11 of 11 RES. NO. 24 Moved by Mooser Seconded by Wiehle RESOLVED that the Council of the Municipality of West Elgin do now rise. DISPOSITION: Carried SUBJECT: COMMUNITY POLICING COMMITTEE ATTENDANCE AT RIDGETOWN SEMINAR Councillor Bodnar reported that the annual community policing seminar will be held at Ridgetown College this year. In the past, Council has supported the attendance of two members. As this event is so close to home, it was suggested that the amount previously budgeted could be used for mileage for four members to attend. SUBJECT: CONFIRMATION BY-LAW RES. NO. 25 Moved by Balint Seconded by Mooser RESOLVED that the mover be granted leave to introduce a By-Law to confirm the proceedings of the meeting of Council held on April 14, 2005 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 26 Moved by Bodnar Seconded by Mooser RESOLVED that a By-law to confirm the proceedings of the meeting of Council held on April 14, 2005 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2005-24 – Confirming By-law April 14 2005. 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 meet again on April 28, 2005. DISPOSITION: Carried th These minutes were adopted on the 12 day of May, 2005. ___________________________ ____________________________ Mayor Clerk