May 12, 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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MAY 12, 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:
None
SUBJECT: MINUTES
RES. NO. 1 Moved by Wiehle
Seconded by Mooser
RESOLVED that the minutes of the meetings held on the following dates
be adopted as printed and circulated.
April 14, 2005 Council
April 28, 2005 Council
May 5, 2005 Special Session
DISPOSITION: Carried
SUBJECT: ROADS REPORT
The Roads Superintendent presented the monthly report. He further reported that Blair
Schweitzer had won at the Regional Truck Safety Rodeo, by one point over Tom
Mohan. Blair will attend the Provincial competition later this year.
SUBJECT: SIDEWALKS ON MAIN STREET, WEST LORNE
Councillor Mooser enquired about repairs to the sidewalk on Main Street. The Road
Superintendent reported that the interlocking bricks will have to be lifted and levelled
again, suggested Council consider concrete instead. The Mayor suggested that the
business owners and Horticultural Society be contacted for their input. This also
applies to Rodney. Council directed that a letter be sent to the business owners,
Horticultural Societies of West Lorne and Rodney plus the Chamber of Commerce
Downtown Improvement Committee, outlining the proposal, the reasons why and ask to
comment if not agreeable.
May 12, 2005…Pg 2 of 11
SUBJECT: WAGES FOR SUMMER MAINTENANCE STAFF
The Roads and Recreation Superintendents presented a joint report outlining the issues
regarding wages for summer maintenance staff. There is a need to attract and retain
good summer staff and our wages are not competitive.
RES. NO. 2 Moved by Bodnar
Seconded by Wiehle
RESOLVED that Council authorize the wages for summer maintenance
staff for Roads and Parks Departments to start at $10.00 per hour, and
upon returning a $0.25 increase to a maximum of $10.50 per hour.
DISPOSITION: Carried
SUBJECT: CLOSED SESSION
RES. NO. 3 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.
DISPOSITION: Carried
RES. NO. 4 Moved by Mooser
Seconded by Wiehle
RESOLVED that the Council of the Municipality of West Elgin do now rise
and report.
DISPOSITION: Carried
SUBJECT: RODNEY TOWNHALL PUBLIC WASHROOMS
RES. NO. 5 Moved by Wiehle
Seconded by Mooser
RESOLVED that Council authorize the payment of $15.00 per day to open
/ close public washrooms and clean same at Rodney Townhall.
DISPOSITION: Carried
SUBJECT: RECREATION REPORT
The Recreation Superintendent presented his monthly report. He further reported that
the Rodney Horticultural Society have donated park benches to the municipality.
Unfortunately the best locations are on private property, which will require an agreement
with the owners as well as insurance coverage. Five waste receptacles have also
been donated. Council directed that the waste receptacles be put out on municipal
property.
SUBJECT: WATER REPORT
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The Water Superintendent presented his monthly report. He reported that on May 16
he and the Administrator/Treasurer met with MOE staff regarding the audit on the water
distribution system. MOE requires a policy and procedure manual, backflow prevention
policy, emergency plan, conservation plan be adopted by Council. Testing, log books
are acceptable.
SUBJECT: QUOTATION FOR SIDEWALK FOR PORT GLASGOW TRAILER PARK
It was reported that an error has occurred in the reporting on the quotations received for
the sidewalk at Port Glasgow Trailer Park. Van Breda Construction’s quotation had
May 12, 2005…Pg 3 of 11
included GST in their price, the price without taxes would be $2,056.07. Mr. Machado
has been advised of this error in reporting.
RES. NO. 6 Moved by Balint
Seconded by Bodnar
RESOLVED that resolution no. 2 passed on April 28, 2005 is hereby
repealed.
AND FURTHER BE IT RESOLVED that Council accepts the quotation of
Lorne Van Breda Construction in the amount of $2,056.07 plus taxes for
the construction of a sidewalk at Port Glasgow Trailer Park.
DISPOSITION: Carried
SUBJECT: BY-LAW ENFORCEMENT REPORT
The By-law Enforcement Officer reviewed his monthly report. Councillor Mooser knows
two individuals that could cut the grass for the municipality. Council agreed with this
proposal.
SUBJECT: CLOSED SESSION
RES. NO. 7 Moved by Bodnar
Seconded by Mooser
RESOLVED that the Council of the Municipality of West Elgin adjourn to a
closed session to discuss litigation or potential litigation.
DISPOSITION: Carried
RES. NO. 8 Moved by Mooser
Seconded by Wiehle
RESOLVED that the Council of the Municipality of West Elgin do now rise.
DISPOSITION: Carried
DELEGATION: DARLENE DAVIS RE: WATER BILL – 187 HARPER STREET
Mrs. Davis appeared before Council to request the waiving of penalties for a water bill.
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She reported that they moved here as of December 1. On January 10, she had not
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received a water bill and assumed it was part of her hydro bill. On January 11 they
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went to Florida and returned on March 11 to find their water had been shut off. Her
mail was picked up when they were away but not opened. Our records show that a bill
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was issued on December 9 with a due date of December 23.
The Mayor noted that we could do things better, inform our new residents of our policies
regarding water.
Mrs. Davis noted that there wasn’t a note on the January invoice about arrears over
$100.00, note was on February bill. In December only billed for 1 cubic metre of water,
rest was administration charges.
RES. NO. 9 Moved by Balint
Seconded by Wiehle
RESOLVED that Council authorize the waiving of the fees for the water bill
for Darlene Davis at 187 Harper Street.
DISPOSITION: Carried
Mrs. Davis left the meeting.
The Administrator-Treasurer noted because of this precedent Council will have to deal
with complaints. Staff will be unable to use the water policy previously adopted.
May 12, 2005…Pg 4 of 11
DELEGATION: CHRISTINE SCRIMGEOUR RE: 2004 AUDIT
Mrs. Scrimgeour presented the 2004 municipal audit. She noted that the only debt the
municipality currently has is related to user charge debt.
SUBJECT: PUBLIC MEETING RE: 2005 BUDGET
The public meeting for the 2005 budget was advertised in accordance with
municipality’s notification by-law. No one was in attendance.
SUBJECT: WATER BILL – 187 HARPER STREET
RES. NO. 10 Moved by Balint
Seconded by Wiehle
RESOLVED that Council reconsider the motion regarding the waiving of
fees at 187 Harper Street.
DISPOSITION: Carried unanimously
RES. NO. 11 Moved by Balint
Seconded by Wiehle
RESOLVED that Council authorize the waiving of fees for the water bill for
Darlene Davis at 187 Harper Street.
DISPOSITION: Defeated
SUBJECT: NOTIFICATION TO RATEPAYERS OF WATER POLICIES
RES. NO. 12 Moved by Wiehle
Seconded by Balint
RESOLVED that Council request staff to immediately notify new water
users who are homeowners by letter of our water policies;
FURTHER, that we notify real estate agencies of our water policies and
the need to inform new residents;
FURTHER, an annual insertion of water policies, etc. in water bills,
FURTHER, ensure water cut-off procedures are on all water bills.
DISPOSITION: Carried
SUBJECT: DRAINAGE PETITION (PEROVICH)
RES. NO. 13 Moved by Balint
Seconded by Bodnar
RESOLVED that the Council of the Municipality of West Elgin accepts the
drainage Petition under Section 78 of the Drainage Act from Alex Perovich
for alteration to the Pongracz and Shiner Drains
DISPOSITION: Carried
SUBJECT: LEASE AGREEMENTS FOR PORT GLASGOW TRAILER PARK
The Clerk reported that 68 out of 165 leases are now complete. There are 11 trailer
owners who have not submitted a signed contract. The balance of the leases are still
missing information but staff anticipate the information will be submitted soon. One of
the problems is with insurance coverage and we are awaiting further direction from our
solicitor.
Council directed that staff notify the trailer owners who have not submitted a lease
agreement that they have two weeks to comply or the owners will be asked to remove
their trailer.
May 12, 2005…Pg 5 of 11
SUBJECT: ACCOUNTS
RES. NO. 14 Moved by Bodnar
Seconded by Wiehle
RESOLVED that the Mayor and Administrator/Treasurer be and they are
hereby authorized to sign Payment Voucher #5 amounting to $665,295.56
in settlement of General, Road, Water and Arena Accounts (including
cheques 12298-12467)
DISPOSITION: Carried
SUBJECT: BY-LAW 2005-27 – 2005 BUDGET BY-LAW
RES. NO. 15 Moved by Mooser
Seconded by Balint
RESOLVED that the mover be granted leave to introduce a By-Law to set
the 2005 transition ratios and to levy taxes for the year 2005 and to
establish special area charges for garbage collection and this shall be the
first and second reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 16 Moved by Bodnar
Seconded by Wiehle
RESOLVED that a By-law to set the 2005 transition ratios and to levy
taxes for the year 2005 and to establish special area charges for garbage
collection be now read a third time and finally passed, signed, sealed and
numbered By-law Number 2005-27 – 2005 Budget By-law
DISPOSITION: Carried
SUBJECT: BY-LAW 2005-28 – AGREEMENT RE: POA DEFAULT REVENUE SPLIT
RES. NO. 17 Moved by Balint
Seconded by Mooser
RESOLVED that the mover be granted leave to introduce a By-Law to
authorize the execution of an agreement with the County of Elgin and this
shall be the first and second reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 18 Moved by Wiehle
Seconded by Bodnar
RESOLVED that a By-law to authorize the execution of an agreement with
the County of Elgin be now read a third time and finally passed, signed,
sealed and numbered By-law Number 2005-28 – POA Default Revenue
split
DISPOSITION: Carried
SUBJECT: BY-LAW 2005-29 – AUTHORIZE QUIT CLAIM DEED
(PART OF LOT 18, CONCESSION XII)
RES. NO. 19 Moved by Bodnar
Seconded by Balint
RESOLVED that the mover be granted leave to introduce a By-Law to
authorize the execution of a quit claim deed and this shall be the first and
second reading and provisional adoption thereof.
DISPOSITION: Carried
May 12, 2005…Pg 6 of 11
RES. NO. 20 Moved by Mooser
Seconded by Bodnar
RESOLVED that a By-law to authorize the execution of a quit claim deed
be now read a third time and finally passed, signed, sealed and numbered
By-law Number 2005-29 – Authorize quit claim deed
DISPOSITION: Carried
SUBJECT: CORRESPONDENCE
1.* City of Ottawa – request for support of a resolution regarding the elimination of
retirement farm lots
Instruction:
RES. NO. 21 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 City of Ottawa to request the Government of
Ontario to reconsider its decision to disallow and eliminate retirement farm
lots for bona fide farmers.
DISPOSITION: Carried
2.* Rodney Aldborough Agricultural Society – approval for beer garden for fall fair
Instruction:
RES. NO. 22 Moved by Mooser
Seconded by Wiehle
RESOLVED that Council of the Corporation of the Municipality of West
Elgin gives approval to the Rodney Aldborough Agricultural Society to hold
a “Beer Garden” at the north end of the grandstand during the tractor pull
event on Friday, September 16, 2005 from 7:00 p.m. to 12:00 a.m.
DISPOSITION: Carried
3.* Rodney Aldborough Agricultural Society – support for closure of Furnival Road
for parade, September 17
Instruction:
RES. NO. 23 Moved by Balint
Seconded by Bodnar
RESOLVED that Council of the Municipality of West Elgin supports the
request of the Rodney Aldborough Agricultural Society to close Furnival
Road from Victoria Street to Queen Street and Queen Street east to
Fairgrounds on Saturday September 17, 2005 from 12:00 p.m. (noon) to
1:00 p.m.
DISPOSITION: Carried
4.* County of Prince Edward – request for support of a resolution regarding proposed
strategy for wolves by Ministry of Natural Resources
Instruction: File
5.* Township of Madoc – request for support of a resolution regarding the spreading
of “NitroSorb”
Instruction: File
6.* Town of East Gwillimbury – request for support of a resolution regarding gasoline
tax rebate.
Instruction: File
May 12, 2005…Pg 7 of 11
7.* Town of East Gwillimbury – request for support of a resolution regarding COMRIF
Instruction: File
8.* Town of East Gwillimbury – request for support of a resolution regarding the
Aggregates Act
Instruction: File
9.* Town of Parry Sound – request for support of a resolution regarding policing
costs.
Instruction: File
10.* County of Prince Edward – request for support of a resolution regarding the
requirement for municipal responsibility agreements for private, single-owner
sewage works
Instruction: File
11.* Township of King – request for support of a resolution regarding career
firefighters working as volunteers
Instruction: File
12.* Tiny Tots co-operative Nursery School – request for support to close Furnival
Road for Trike-A-thon event, May 28
Instruction:
RES. NO. 24 Moved by Bodnar
Seconded by Wiehle
RESOLVED that Council of the Municipality of West Elgin supports the
request of the Tiny Tots Co-operative Nursery School to close Furnival
Road from Victoria Street to Moriah Street on Saturday May 28, 2005 from
8:00 a.m. to 1:30 p.m.
DISPOSITION: Carried
13.* Erie Flooring & Wood Products – request to re-route school buses
Instruction: Clerk to reply
14.* Municipality of Bayham – support for Woodlands Conservation by-law
Instruction: File
15.* City of Kingston – Environment Week Mayoral Challenge
Instruction: Advise Landfill Committee of Diabetes Association clothing drive to
add to their recycling notice.
16.* Four Counties Foundation – Invitation to open house of Four Counties Medial
Clinic, May 27, 1:30 to 3:30 pm
Instruction: File
17.* Four Counties Health Services Foundation – response to Council request for
information
Instruction: Clerk to prepare response for Council review.
18. Trow Associates - application to MOE for approval of sewage works system,
Lakewood Trailer Estates
Instruction:
May 12, 2005…Pg 8 of 11
RES. NO. 25 Moved by Balint
Seconded by Mooser
RESOLVED that Council of the Municipality of West Elgin supports the
application of Lakewood Trailer Estates for sewage works system at
22499 Grey Line as prepared by Trow Associates Ind.
DISPOSITION: Carried
19.* Rodney Aldborough Agricultural Society – liability insurance
Instruction: Staff to research with municipal insurance agent
20.* Elgin Group Police Services Board – composition of Elgin Group Police Services
Board
Instruction: File
21.* County of Elgin – Provincial Offences Fines Revenue Split
Instruction: See By-law 2005-28
22.* County of Essex – request for support of a resolution regarding grants for Ontario
Colleges
Instruction:
RES. NO. 26 Moved by Bodnar
Seconded by Balint
RESOLVED that Council of the Municipality of West Elgin is in support of a
resolution put forth by the County of Essex regarding the funding of
Ontario Colleges.
DISPOSITION: Carried
23. Gary Merritt – request for a quit claim deed, Part of Lot 18, Concession 12
Instruction: See By-law 2005-29
24. AMO Alert - Federal budget bill must be adopted quickly
Province seeks input on licensing regulations for electrical
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contractors and master electricians
2005 Conference – August 14 to 15, Westin Harbour Castle,
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Toronto
Heritage Amendment Bill revised
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Municipal leaders are urged to contact their federal MPs to
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support the passage of the federal budget bill
MOE releases new permit to take water manual
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AMO responds to the Advisory Council on Drinking Water
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Call for Submissions for Peter J. Marshall awards
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AMO welcomes affordable housing breakthrough for
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municipalities
Ontario is back in the business of affordable housing
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Minister of the Environment ‘s decision on OCNA
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Update on federal new deal for municipalities
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Instruction: File
25. Federation of Canadian Municipalities Members Advisory
– Urge MPs to pass the federal budget
- Climate Change Plan
- Response to letter from Leader of Official Opposition
Instruction: File
26. West Elgin Community Policing Committee – minutes of March 9, 2005 meeting
Instruction: File
May 12, 2005…Pg 9 of 11
27. Lower Thames Conservation Authority – announcement of Natural Areas
Restoration Program
Instruction: File
28. Ministry of Community Safety and Correctional Services – Public Fire Safety
Guideline, Optimizing Rural Emergency Response
Instruction: File
29. Communities in Bloom – 2005 competition
Instruction: File
30. Middlesex Hospital Alliance – proposal to Ministry of Health for CT scanner
Instruction: File
31. County of Elgin Land Division Committee – notice of decision (Andrei)
Instruction: File
32. Brian Jones – “Thoughts of Our Canadian Soldiers at War” book
Instruction: File
33. Elgin Group Police Services Board – Detachment Commander’s Report January
– March 2005
Instruction: File
34. Pelmorex – national broadcast alerting system
Instruction: File
35. Elgin, Middlesex, Oxford Local Training Board – Dialogue, Spring/Summer 2005
Instruction: File
36. CEUDA – request for support for Canadian Border Patrol
Instruction: File
37. Ralph Goodale, MP, Minister of Finance – 2005 Federal Budget
Instruction: File
38. Ministry of Community Safety and Correctional Services – presentation for
completion of Essential Level Emergency Management Program
Instruction: File
39. Fair Air Association of Canada – economic impact of smoking bans
Instruction: File
40. MPAC – 2004 Annual Report and Financial Statements
Instruction: File
41. Lower Thames Conservation Authority – grant received for four forestry
technicians
Instruction: File
42. Stephen Harper, MP – Open Letter to Municipalities re passage of budget
Instruction: File
43. Ministry of Consumer and Business Services – Retail closings on Victoria Day
Instruction: File
44. Jerry J. Ouellette, MPP – Bill 165, The Elected Officials Immunity Act 2004
Instruction: File
May 12, 2005…Pg 10 of 11
45. Ministry of Consumer and Business Services – Ontario celebrates 100 days of
bring your own wine service.
Instruction: File
RES. NO. 27 Moved by Mooser
Seconded by Wiehle
RESOLVED that the correspondence be dealt with as per the instructions
of Council as noted.
DISPOSITION: Carried
SUBJECT: MINUTES
*West Elgin Chamber of Commerce – April 5, 2005
*West Elgin Recreation Committee – April 12, 2005
* West Elgin Arena Board – April 18, 2005
SUBJECT: DUTTON/DUNWICH SOFTBALL ASSOCIATION – REQUEST FOR
GRANT
The Administrator-Treasurer advised that Council has not made a decision on the
request from the Dutton/Dunwich Softball Association for a grant. Council directed staff
to contact the association to determine the number of West Elgin participants.
SUBJECT: SIXTEEN MILE CREEK BRIDGE
The Clerk advised Council that the application under the Navigable Waters Act is
proceeding. The 31CER have indicated that their preferred time for bridge construction
is April or May 2006. Council directed that the 31CER be requested to schedule this
construction for 2006.
SUBJECT: CONFIRMATION BY-LAW
RES. NO. 28 Moved by Wiehle
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 May 12, 2005
and this shall be the first and second reading and provisional adoption
thereof.
DISPOSITION: Carried
RES. NO. 29 Moved by Wiehle
Seconded by Bodnar
RESOLVED that a By-law to confirm the proceedings of the meeting of
Council held on May 12, 2005 be now read a third time and finally
passed, signed, sealed and numbered By-law Number 2005-30 –
Confirming By-law May 12 2005.
DISPOSITION: Carried
SUBJECT: ADJOURNMENT
RES. NO. 30 Moved by Balint
Seconded by Bodnar
RESOLVED that this Regular Meeting of Council adjourn at 5:00 p.m. to
meet again on May 26, 2005.
DISPOSITION: Carried
May 12, 2005…Pg 11 of11
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These minutes were adopted on the 9 day of June, 2005.
___________________________ ____________________________
Mayor Clerk