December 07, 2005 Regular Meeting
M I N U T E S
OF THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGIN
WEST ELGIN COUNCIL CHAMBERS
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DECEMBER 7, 2005
MEMBERS PRESENT: Mayor Graham Warwick, Deputy Mayor Bernie Wiehle
Councillors Trudy Balint, Mary Bodnar, Mike Mooser
STAFF PRESENT: Joanne Groch Administrator/Treasurer/
Deputy Clerk
Paul VanVaerenbergh Roads Superintendent
Jeff Slater Recreation Superintendent
Lloyd Jarvis Water Superintendent
DECLARATION OF PECUNIARY INTEREST:
No conflicts were declared regarding the published agenda.
SUBJECT: MINUTES
RES. NO. 1 Moved by Bodnar
Seconded by Balint
RESOLVED that the minutes of the meetings held on the following dates
be adopted as printed and circulated.
November 10, 2005 Council
November 10, 2005 Property Standards Committee
November 24, 2005 Special Session
DISPOSITION: Carried
SUBJECT: DISCUSSION FROM MINUTES
None.
SUBJECT: ROADS REPORT
The Road Superintendent presented the monthly report. Councillor Mooser reported
that he had a trailer removed from the truck parking area in West Lorne. It had been
parked there for a few months and this area is for weekend/overnight parking only. The
Administrator reported that she had discussions with the Executive Director at the CHC
regarding the parking area. Parking signs for trucks and cars will be placed at the
parking area adjacent the to the CHC. Truck parking will be relocated to the north side
of the lot with the area adjacent to the CHC for cars. The Mayor indicated that a
complaint had been received about the blade being down during ploughing when it
wasn’t necessary. Staff advised that no complaint had been received in the office.
Complaint forms are available in the office. The Mayor was going to check into this
further.
December 7, 2005…Pg 2 of 9
SUBJECT: RECREATION REPORT
The Recreation Superintendent presented his monthly report. The washrooms at Miller
Park have been broken into and the damage repaired. As the washrooms at Miller Park
haven’t been completed the Administrator reported that she had authorized the engineer
to give notice under the contract to proceed with the work or the contract would be
terminated. The outside work hasn’t been completed so we will complete it in the spring.
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The handover of the bridge at Port Glasgow has been arranged for December 10 at
10:00 AM.
SUBJECT: SCOUT HALL
Councillor Balint reported she had met with representatives of the Teen Drop In Centre
regarding the use of the Scout Hall. They will come to a meeting of Council. Trudy will
arrange to meet with Anna Podebry and the Optimists and have them attend the same
meeting.
SUBJECT: BUILDING
The Chief Building Official was not in attendance. Council reviewed his monthly reports
for October and November 2005. In October, five permits were issued totalling
$253,255.00 worth of construction. In November, two permits were issued totalling
$11,200.00 worth of construction. The Mayor reported that he had met with Mr. & Mrs.
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A. Kausky and Mr. & Mrs. R. Price on November 10 regarding their concerns with the
radio tower near their property. They were to get back to the Mayor if they still had
concerns.
SUBJECT: WATER REPORT
The Water Superintendent presented his monthly report. The water will be to Beattie
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Haven by Dec. 19. Lloyd advised that he has had to recalculate the costs for Queen
Street east waterline, as there are 10 interested in connecting and 6 connecting on
Queen Street west. The original price was based on a possible 31 connections so due
to there being fewer connections the costs have increased. He is working with the
ratepayers on this. On the primary water system the Pioneer Line by-pass meter has
been completed and the Marsh Line by-pass will be completed this year.
SUBJECT: BY-LAW ENFORCEMENT
The By-law Enforcement Officer was not in attendance. Council reviewed the monthly
report. There was discussion on complaint #166 – the complaint with the building on the
property line cannot be proceeded with until the property dispute is resolved – whose
building it is.
SUBJECT: UNEMPLOYMENT INSURANCE PREMIUM RATE REDUCTION
The Administrator/Treasurer presented a written report outlining the requirements of the
legislation. The Council approved a bonus of $60.00 to full-time employees for savings
in Employment Insurance reduction.
SUBJECT: BY-LAW 2005-79 – ASHTON DRAIN
RES. NO. 2 Moved by Balint
Seconded by Bodnar
RESOLVED that a By-law to provide for maintenance of the Ashton
Municipal Drain be now read a third time and finally passed, signed,
sealed and numbered By-law Number 2005-79 – Ashton Municipal Drain.
DISPOSITION: Carried
December 7, 2005…Pg 3 of 9
SUBJECT: BY-LAW 2005-85 – AMENDING LETTNER DRAIN
RES. NO. 3 Moved by Mooser
Seconded by Wiehle
RESOLVED that the mover be granted leave to introduce a By-law to
amend By-law No. 2005-37 providing for the construction of the Lettner
Drain and this shall be the first and second reading and provisional
adoption thereof.
DISPOSITION: Carried
RES. NO. 4 Moved by Bodnar
Seconded by Mooser
RESOVED that a by-law to amend By-law No. 2005-37 providing for the
construction of the Lettner Drain be now read a third time and finally
passed, signed, sealed and numbered By-Law Number 2005-85-Amend
Lettner Drain.
DISPOSITION: Carried
SUBJECT: BY-LAW 2005-86 – AMENDING THOMPSON DRAIN
RES. NO. 5 Moved by Balint
Seconded by Mooser
RESOLVED that the mover be granted leave to introduce a By-law to
amend By-law No. 2004-74 providing for the construction of the Thompson
Drain and this shall be the first and second reading and provisional
adoption thereof.
DISPOSITION: Carried
RES. NO. 6 Moved by Wiehle
Seconded by Mooser
RESOVED that a by-law to amend By-law No. 2004-74 providing for the
construction of the Thompson Drain be now read a third time and finally
passed, signed, sealed and numbered By-Law Number 2005-86-Amend
Thompson Drain.
DISPOSITION: Carried
The Mayor left the meeting to meet with the Seniors in Rodney and the Deputy Mayor
assumed the chair.
SUBJECT: BY-LAW 2005-93 – BORROWING BY-LAW
RES. NO. 7 Moved by Bodnar
Seconded by Balint
RESOLVED that the mover be granted leave to introduce a By-Law to
authorize borrowing from time to time to meet current expenditures during
the fiscal year ending December 31, 2006 and this shall be the first and
second reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 8 Moved by Mooser
Seconded by Bodnar
RESOLVED that a By-law to authorize borrowing from time to time to meet
current expenditures during the fiscal year ending December 31, 2006 be
now read a third time and finally passed, signed, sealed and numbered
By-law Number 2005-93 – Borrowing By-law
DISPOSITION: Carried
December 7, 2005…Pg 4 of 9
SUBJECT: BY-LAW 2005-94 – AMO MUNICIPAL FUNDING AGREEMENT =
FEDERAL GAS TAX REVENUES
RES. NO. 9 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 Municipality of West
Elgin and the Association of Municipalities of Ontario for the transfer of
Federal Gas Tax Revenues and this shall be the first and second reading
and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 10 Moved by Mooser
Seconded by Balint
RESOLVED that a By-law to authorize the execution of an agreement
between the Municipality of West Elgin and the Association of
Municipalities of Ontario for the transfer of Federal Gas Tax Revenues be
now read a third time and finally passed, signed, sealed and numbered
By-law Number 2005-94 – AMO Municipal Funding Agreement – Federal
Gas Tax Revenues.
DISPOSITION: Carried
Mayor Warwick returned to the meeting.
SUBJECT: DFO APPROVAL
Two different plans (aerial photo & topographical plan) of the area at Port Glasgow were
handed out as well as a call report that outlined the requirements of the DFO.
Mayor Warwick and Councillor Mooser further reviewed the approvals required from the
Department of Fisheries and Oceans in order to proceed with the embankment work at
the water treatment plant. DFO will issue an immediate approval if Council agrees in
principle to improve fish habitat with the following conditions:
1. improve 383 sq.m. of wet area or convert 124 sq.m of dry land into wet area fish
habitat
2. at a location along or near Lake Erie - their preference is for work at 16 Mile
Creek
3. a solution that includes drawings is put forward to DFO for their approval within 3
months
4. the improvements are constructed within 2006
Council further discussed alternate sites and issues with compliance with our planning
policies. The Mayor indicated that it is up to West Elgin as to what work will proceed and
it is up to West Elgin to approve. The ramifications of building this pond need to be
looked at.
RES. NO. 11 Moved by Mooser
Seconded by Balint
RESOLVED that the Council of the Municipality of West Elgin agrees with
Stantec Consulting Ltd sending a letter to the Department of Fisheries and
Oceans as per the resolution #2005 -68 of the Tri-County Management
Committee.
DISPOSITION: Carried
December 7, 2005…Pg 5 of 9
DELEGATION: RON MERVIS – AMTELECOM
Ron Mervis of Amtelecom was in attendance to update Council on the high-speed
internet access. The coverage for the area is not adequate. They have re-engineered
the network design to make changes to improve the system. A new mast is needed – to
17’ from the existing 10’. They need a higher signal strength to penetrate the treed
areas and the base station needs upgrading.
RES. NO. 12 Moved by Wiehle
Seconded by Mooser
RESOLVED that approval be given to Amtelecom to install a new
mast/antenna/wave guide bridge cable and allow the changing of base
stations on the West Lorne Water Tower.
DISPOSITION: Carried
SUBJECT: ACCOUNTS
RES. NO. 13 Moved by Balint
Seconded by Bodnar
RESOLVED that the Mayor and Administrator/Treasurer be and they are
hereby authorized to sign Payment Voucher #12 amounting to
$585,077.30 in settlement of General, Road, Water and Arena Accounts
(including cheques –13871-14114)
DISPOSITION: Carried
SUBJECT: CORRESPONDENCE
1.* City of Niagara Falls – request for support of a resolution regarding wholesale
gasoline sector
Instruction:
RES. NO. 14 Moved by Mooser
Seconded by Wiehle
WHEREAS Canadian consumers have witnessed skyrocketing gas prices
in recent weeks; and
WHEREAS many have attributed the increases to recent natural disasters
in the United States; and
WHEREAS despite recent natural disasters in the United States, Canada
did not face a shortage in gasoline or an increase in costs; and
WHEREAS experts, economists and analysts have attributed the
increases to a dearth of competition in the wholesale gasoline sector; and
WHEREAS the wholesale gasoline sector is dominated by a handful of
refining companies who exclusively share infrastructure, such as pipelines
and terminals; and
WHEREAS it is speculated that the recent increase in gas prices meant
pure profit for gasoline wholesalers; and
WHEREAS without a sufficient number of competitors, price competition
does not exist; and
WHEREAS supply and demand economics only exist when there are
numerous Competitors;
THEREFORE BE IT RESOLVED that the Council of the Municipality of
West Elgin support the Canadian Independent Petroleum Marketers
Association's (C.I.P.M.A) idea of asking the Federal Government to
intervene in the wholesale gasoline sector to restore the free market
system of competition.
DISPOSITION: Carried
December 7, 2005…Pg 6 of 9
2.* Loyalist Township – request for support of a resolution regarding payment of
livestock claims for livestock killed /injured by fishers
Instruction: File
3.* County of Elgin – request for support of a resolution regarding TVDSB – surplus
funds
Instruction:
RES. NO. 15 Moved by Balint
Seconded by Bodnar
RESOLVED that the Council of the Municipality of West Elgin strongly
encourage the Thames Valley District School board to apply funds from its
expected surplus for school improvements and learning priorities
particularly in rural schools where the funds are badly needed to maintain
and support our rural schools at an equal and effective level.
DISPOSITION: Carried
4.* City of Kitchener – request for support of a resolution regarding objective review
of results of amalgamations
Instruction: File
5.* City of Cornwall – request for support of a resolution regarding Interest Arbitration
Awards
Instruction: File
6. Elgin County Land Division Committee – severance applications
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E96/05 - Thamesville Auto Supply – deferred for further info
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E110/05 – 1079245 Ontario Limited (Ossel)
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E111/05 – R. & E. Wright
Instruction:
RES. NO. 16 Moved by Balint
Seconded by Bodnar
RESOLVED that the Council of the Municipality of West Elgin have the
following comments regarding Severance Application E110/05 as applied for
by 1079245 Ontario Limited (Ossel).
Council approves of the severance.
Reasons and/or Conditions:
Subject to rezoning, if required
Subject to apportionment of Municipal Drainage assessments
Subject to drainage outlet & drainage agreement if required
Subject to requirements of the Municipal Road Department regarding
access and/or drainage.
Subject to no further residential development on the retained agricultural
portion.
Subject to water and/or sewer connection fees if applicable
That the owner has the necessary review and lot assessment conducted
to ensure that it is suitable for the installation of a sewage disposal system.
Two copies of the registered reference plan be submitted to the
municipality
Taxes to be paid in full
DISPOSITION: Carried
December 7, 2005…Pg 7 of 9
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 E111/05 as applied for
by Robert & Esther Wright.
Council approves of the severance.
Reasons and/or Conditions:
Subject to rezoning, if required
Subject to apportionment of Municipal Drainage assessments
Subject to drainage outlet & drainage agreement if required
Subject to requirements of the Municipal Road Department regarding
access and/or drainage.
Subject to no further residential development on the retained agricultural
portion.
Subject to water and/or sewer connection fees if applicable
That the owner has the necessary review and lot assessment conducted
to ensure that it is suitable for the installation of a sewage disposal system.
Two copies of the registered reference plan be submitted to the
municipality
Taxes to be paid in full
DISPOSITION: Carried
7* Government of Canada – consultation on the legal listing of Black Redhorse
under the Federal Species at Risk Act
Instruction: File
8. West Elgin Community Health Centre – request to waive fee for West Elgin
Recreation Centre for Family Fun night
Instruction:
RES. NO. 18 Moved by Mooser
Seconded by Wiehle
RESOLVED that Council of the Municipality of West Elgin authorize the
waiving of rental fees for the use of the West Elgin Recreation Centre on
October 23, 2006 from 10:00 a.m. to 10:00 p.m. for the Fall Family Fun
Night by the West Elgin Community Health Centre.
DISPOSITION: Carried
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9. County of Elgin – Warden’s election – December 13, 2005 at 7:00 PM
Instruction: File
10.* Leslie Welch- Thompson Drain
Instruction: Letter to be sent – owners responsibility after backfilling
11.* Larry Murphy – Thompson Drain
Instruction: Letter to be sent – owners responsibility after backfilling, survey bars
to be reinstalled
12. AMO - MOE announces process for consultation on Environmental penalties
regulations
-MOE announces monitoring and reporting requirements of the new Water
Training and Transfer regulation
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- Consultations – Dec 8 - Stewardship Ontario’s Funding formula for
recycling (blue box)
- Amendments to Taxpayer Protections Act – new revenue sources
- Ontario Association of Non-profit homes and services for senior’s calls on
Government to fulfill election promise
-$51 Million in funding for source water protection
Instruction: File
December 7, 2005…Pg 8 of 9
13. Federation of Canadian Municipalities
- Launching a program to support post-tsunami reconstruction efforts in
southern Asia
- Gas Tax payments will not be jeopardized by election call
Instruction: File
14. Lower Thames Valley Conservation Authority - Minutes
Instruction: File
15. County of Elgin – letter of support for engineers and architects re AMO Alert on
Bill 124
Instruction: File
16.* MPAC – 2005 Assessment Notices mailed
Instruction: File
17. Ontario Honours & Awards Secretariat – 2006 nominations for the Order of
Ontario
Instruction: File
18. Minister of Municipal Affairs & Housing – 2005 Municipal Performance
Measurement Program
Instruction: File
19. Ministry of Citizenship & Immigration – Canada-Ontario Immigration Agreement
signed
Instruction: File
20. Ministry of Agriculture Food & Rural Affairs
- Ontario Government supports Tourism revitalization in Caledon
- Ontario Government supports skills enhancement in Chatham-
Kent
Instruction: File
21. Canada Housing & Mortgage – affordable housing projects in Brantford and Paris
Instruction: File
RES. NO. 19 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 Arena Board – November 21, 2005
SUBJECT: QUOTES– REQUIREMENTS FOR LANDFILL SITE - CERTIFICATE OF
APPROVAL
Quotes were received to meet the requirements of the Certificate of Approval for the
West Elgin landfill site as follows:
Total Quote Price
(excluding GST )
Conestoga Rovers $18,500.00(not all tasks included)
Stantec Consulting Ltd. $56,500.00
Water & Earth Science Associates Ltd $38,985.00
December 7, 2005…Pg 9 of 9
RES. NO. 20 Moved by Wiehle
Seconded by Mooser
RESOLVED that the quote of Water & Earth Science Associates Ltd. To
meet the requirements of the draft Certificate of Approval for the West
Elgin Landfill site be accepted at an upper limit of $38,985.00.
DISPOSITION: Carried
SUBJECT: CONFIRMATION BY-LAW
RES. NO. 21 Moved by Bodnar
Seconded by Balint
RESOLVED that the mover be granted leave to introduce a By-Law to
confirm the proceedings of the meeting of Council held on December 7,
2005 and this shall be the first and second reading and provisional
adoption thereof.
DISPOSITION: Carried
RES. NO. 22 Moved by Balint
Seconded by Bodnar
RESOLVED that a By-law to confirm the proceedings of the meeting of
Council held on December 7, 2005 be now read a third time and finally
passed, signed, sealed and numbered By-law Number 2005-95 –
Confirming By-law December 7 2005.
DISPOSITION: Carried
SUBJECT: ADJOURNMENT
RES. NO. 23 Moved by Mooser
Seconded by Wiehle
RESOLVED that this Regular Meeting of Council adjourn at 4:25 p.m. to
meet again on December 22, 2005.
DISPOSITION: Carried
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These minutes were adopted on the 12 day of January, 2006.
___________________________ ____________________________
Mayor Clerk