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July 28, 2005 Regular Meeting M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS JULY 28, 2005 MEMBERS PRESENT: Mayor Graham Warwick, Deputy Mayor Bernie Wiehle Councillors Trudy Balint, Mary Bodnar, Mike Mooser STAFF PRESENT: Joanne Groch Administrator/Treasurer Lloyd Jarvis Water Superintendent DECLARATION OF PECUNIARY INTEREST: None SUBJECT: ERIE FLOORING Councillor Mooser reported that he has received quite a few complaints re the smoke stack at Erie Flooring. Allen Vandenbrink advised previously that when it is not being operated properly there is black smoke/soot. It is worse now than a year ago. After discussion the Clerk was directed to send a letter to Erie Flooring advising them that this is not acceptable and must be rectified. SUBJECT: CORRESPONDENCE 1.* Kevin Beattie – notice of use of E.M. Warwick Conservation area for wedding th reception, August 6 2005 Instruction: RES. NO. 1 Moved by Wiehle Seconded by Mooser RESOLVED that Council of the Corporation of the Municipality of West Elgin has no objections to the holding of wedding reception at E. M. th Warwick Conservation Area on August 6 2005, including the serving of alcohol in a defined area. DISPOSITION:Carried 2. County of Elgin – Woodland Conservation By-law Instruction: Prepare by-law for next meeting 3.* Elgin St. Thomas Health Unit – Sewage Systems, Part 8 of the Ontario Building Code Instruction: To investigate further/prepare by-law for next meeting 4.* CAA South Central Ontario – outline of programs Instruction: Forward to Policing Committee July 29, 2005…Pg 2 of 6 5.* City of Clarence-Rockland – request for support of a resolution regarding Borrowing capacity Instruction: RES. NO. 2 Moved by Mooser Seconded by Balint RESOLVED that Council of the Municipality of West Elgin is in support of a resolution put forth by the City of Clarence-Rockland regarding borrowing capacity. DISPOSITION: Carried 6.* Twp. Of Springwater, Twp. Of Clearview, Town of Wasaga Beach – request for support of a resolution regarding unfair treatment of non-contract police municipalities Instruction: File 7.* Township of King – request for support of a resolution regarding budget cuts to Ontario Library Services Instruction: RES. NO. 3 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 Township of King regarding the budget cuts to Ontario Library Services. DISPOSITION: Carried 8. Elgin Group Police Services Board – minutes of the meeting held on June 22, 2005 Instruction: File 9. Ministry of Government Services – new Consumer Protection Act Instruction: File 10. Keiris Property Management – Chamber of Commerce sign Instruction: File RES. NO. 4 Moved by Mooser Seconded by Balint RESOLVED that the correspondence be dealt with as per the instructions of Council as noted. DISPOSITION: Carried SUBJECT: ACCOUNTS RES. NO. 5 Moved by Mooser Seconded by Bodnar RESOLVED that the Mayor and Administrator/Treasurer be and they are hereby authorized to sign Payment Voucher #7 amounting to $715,074.99 in settlement of General, Road, Water and Arena Accounts (including cheques -12682-13006. DISPOSITION: Carried July 28, 2005…Pg 3 of 6 SUBJECT: BY-LAW 2005-37 – LETTNER DRAIN RES. NO. 6 Moved by Balint 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 Lettner Drain be now read a third time and finally passed, signed, sealed and numbered By-law Number 2005-37 – Lettner Drain. DISPOSITION: Carried SUBJECT: BY-LAW 2005-53 – FEES & CHARGES - FIRE RES. NO. 7 Moved by Mooser Seconded by Balint RESOLVED that the mover be granted leave to introduce a By-Law to amend By-law 2002-48, a by-law to establish various fees and tariffs for the services provided by the fire department of the municipality and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 8 Moved by Wiehle Seconded by Bodnar RESOLVED that a By-law to amend By-law 2002-48, a by-law to establish various fees and tariffs for the services provided by the fire department of the municipality be now read a third time and finally passed, signed, sealed and numbered By-law Number 2005-53 – Amend By-law 2002-48 DISPOSITION: Carried SUBJECT: BY-LAW 2005-55 – AGREEMENT WITH JONES RES. NO. 9 Moved by Mooser Seconded by Wiehle RESOLVED that the mover be granted leave to introduce a By-Law to authorize the execution of an agreement with Ivor Jones, Robert Jones and Margaret Jones regarding the erection of a park bench and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 10 Moved by Bodnar Seconded by Balint RESOLVED that a By-law to authorize the execution of an agreement with Ivor Jones, Robert Jones and Margaret Jones regarding the erection of a park bench be now read a third time and finally passed, signed, sealed and numbered By-law Number 2005-55 – Agreement with Jones DISPOSITION: Carried SUBJECT: LETTNER DRAIN TENDERS Council received the following tenders for the Lettner Drain: DRAIN PROVISIONAL ITEMS McKenzie & Henderson Ltd. $ 36,969.40 $3,900.00 plus GST Van Bree Drainage & Bulldozing $ 21,753.00 $4,500.00 plus GST Timmermans Drainage & Excavating Inc. $ 21,163.00 $4,350.00 plus GST A. J. Hayter contracting Ltd. $ 19,940.00 $5,225.00 plus GST July 28, 2005…Pg 4 of 6 RES. NO. 11 Moved by Balint Seconded by Wiehle RESOLVED that Council of the Municipality of West Elgin accepts the tender of A. J. Hayter Contracting Ltd. in the amount of $19,940.00 and $ 5,225.00 for provisional items plus GST for the Lettner Drain. DISPOSITION: Carried SUBJECT: QUOTES – POSTAGE METER Council received the following quotes for supply of a postage meter: BASE METER MAINTENANCE LEASE Pitney Bowes $5,285.00 $70.95/mo $42.00/mo Neopost $5,259.00 $48.06/mo $46.00/mo RES. NO. 12 Moved by Mooser Seconded by Bodnar RESOLVED that Council of the Municipality of West Elgin accepts the quote of Neopost in the amount of $5,259.00 plus GST for a IJ 65 postage meter and $48.06/mo. plus $46.00/mo. for meter lease and maintenance. DISPOSITION: Carried SUBJECT: MOE INSPECTION REPORT Lloyd Jarvis, Water Superintendent reported on the MOE Inspection Report received on th May 10, 2005. The report is combined for the Water Treatment Plant and the Distribution System. Lloyd reviewed the Actions Required, Recommended Actions and Summary of Best Practices Issues – Pages 19, 20, 21 of the report and answered questions of Council. A separate report was made to the Tri County Water Management th Committee. Another inspection was made on May 10. SUBJECT: APPOINTMENT OF ACTING MAYOR RES. NO. 13 Moved by Bodnar Seconded by Mooser WHEREAS the Mayor and Deputy Mayor will be on vacation from August th 6, 2005 to August 17, 2005 AND WHEREAS it is necessary to designate a Head of Council in their absence THEREFORE BE IT RESOLVED that Council of the Corporation of the Municipality of West Elgin designates Councillor Trudy Balint as Acting thth Mayor for the period August 6 to 17, 2005. DISPOSITION: Carried SUBJECT: PORT GLASGOW PEDESTRIAN BRIDGE The Administrator reported that the army has advised that they can proceed with the construction of the bridge in November of this year. A further costing will have to be completed by the army for the new plans that were prepared in order to meet the requirements under the Navigable Water Protection Act. The process under the NWPA is nearly complete and approvals should be received in September. Council gave direction to proceed with the costing and make arrangements for a meeting with Council. Councillors Mooser and Wiehle left the meeting at this time. July 28, 2005…Pg 5 of 6 SUBJECT: CONSIDERATION MEETING – HESSENAUER DRAIN Also in attendance: John Spriet Jr., Engineer from Spriet Associates Wayne Ireland, Kelly Ireland, Linda Bakker, John Miller RES. NO. 14 Moved by Balint Seconded by Bodnar RESOLVED that Council consider the Engineer’s Report on the Hessenauer Drain. DISPOSITION: Carried The Administrator/Deputy Clerk read correspondence from the Lower Thames Valley Conservation Authority, which indicated no objections. The Engineer gave a brief presentation of his report. A section of the old drain is to be abandoned and will become a road drain. There were questions from Mr. Miller and Mr. Ireland on the hook-ups for the existing catch basins on the old drain. The Engineer advised that the catch basins would be connected to the new drain. RES. NO. 15 Moved by Balint Seconded by Bodnar RESOLVED that the Engineer’s Report for the Hessenauer Drain, be accepted and the Clerk is instructed to draw up the necessary by-law. DISPOSITION: Carried SUBJECT: BY-LAW 2005-54 – HESSENAUER DRAIN RES. NO. 16 Moved by Balint Seconded by Bodnar 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 Hessenauer Drain and this shall constitute the first and second reading and provisional adoption thereof. DISPOSITION: Carried SUBJECT: CONFIRMATION BY-LAW RES. NO. 17 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 July 28, 2005 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 18 Moved by Balint Seconded by Bodnar RESOLVED that a By-law to confirm the proceedings of the meeting of Council held on July 28, 2005 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2005-56 – Confirming By- law July 28, 2005. DISPOSITION: Carried July 28, 2005…Pg 6 of 6 SUBJECT: ADJOURNMENT RES. NO. 19 Moved by Bodnar Seconded by Balint RESOLVED that this Regular Meeting of Council shall adjourn at 1:55 p.m. to meet again on August 25, 2005. DISPOSITION: Carried th These minutes were adopted on August 25, 2005. ___________________________ _______________________________ MAYOR CLERK