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November 10, 2005 Regular Meeting M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS TH NOVEMBER 10, 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 Lloyd Jarvis Water Superintendent DECLARATION OF PECUNIARY INTEREST: No conflicts were declared regarding the published agenda. SUBJECT: MINUTES RES. NO. 1 Moved by Mooser Seconded by Balint RESOLVED that the minutes of the meetings held on the following dates be adopted as printed and circulated. October 13, 2005 Council October 13, 2005 Property Standards Committee October 13, 2005 Public Meeting – MDS II October 20, 2005 Special Session October 27, 2005 Council DISPOSITION: Carried SUBJECT: DISCUSSION FROM MINUTES The Deputy Mayor reported that the Agricultural Society would forward designs for the signs to Council after discussions with the Sign Guy. SUBJECT: ROADS REPORT The Roads Superintendent presented the monthly report. Councillor Mooser enquired when the project behind the CHC would be completed. The Roads Superintendent noted that this is a three year project, when completed the trucks can park further to the east. Parking of trucks on Monroe Street, west of Graham will continue for this year. SUBJECT: OGRA AWARD RES. NO. 2 Moved by Balint Seconded by Wiehle RESOLVED that in recognition of winning the Provincial Rodeo a third time that Council authorize that Blair Schweitzer’s stay at the Royal York be for thst 2 nights for the OGRA convention February 20 and 21, 2006. DISPOSITION: Carried November 10, 2005…Pg 2 of 12 SUBJECT: RECREATION REPORT The Recreation Superintendent presented his monthly report. SUBJECT: QUOTATION FOR SALT SPREADER The Recreation Superintendent reported that a salt spreader from the Roads Department would be used; a purchase is not necessary at this time. SUBJECT: QUOTATIONS FOR PLOW BLADE Council received the following quotations for a 72” blade for the DX33 tractor: TOTAL QUOTE (plus GST) Can Am Tractor $3,500.00 Kucera Tractor $3,195.00 RES. NO. 3 Moved by Balint Seconded by Wiehle RESOLVED that the Council of the Municipality of West Elgin accepts the quote of Kucera Tractor in the amount of $3195.00 plus taxes for a 72- inch plow for the Case DX33 tractor. DISPOSITION: Carried SUBJECT: QUOTATIONS FOR SNOW PLOWING Council received the following quotations for snow plowing of the arena parking lot, the West Lorne Fire Hall and the Recreation Centre: TOTAL QUOTE (plus GST) J & S Enterprise $55.00 per hour Dave Lilley & Son Excavating $65.00 per hour RES. NO. 4 Moved by Bodnar Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin accepts the quote from J & S Enterprise in the amount of $55.00 per hour for snowplowing the arena parking lot, the West Lorne Fire hall and the Recreation Centre. DISPOSITION: Carried SUBJECT: SCOUT HALL Councillor Balint reported that she and the Recreation Superintendent had met with John Eagleson of the Optimist Club regarding the use of the Scout Hall. There is no active scouting movement right now. The Teen Drop In Centre has indicated, to the Recreation Committee, that they are interested in one night useage with adult supervision. The Committee feels that they could look after the building and have users sign an agreement similar to what is used now at the Recreation Centre. She will investigate further and report back to Council. November 10, 2005…Pg 3 of 12 SUBJECT: APPOINTMENT TO RECREATION COMMITTEE RES. NO. 5 Moved by Bodnar Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin hereby accepts the appointment of Grace Blanchard to be a member of the Recreation Committee. DISPOSITION: Carried SUBJECT: PART-TIME ARENA STAFFING RES. NO. 6 Moved by Balint Seconded by Bodnar RESOLVED that Council of the Municipality of West Elgin confirm the winter staffing approved by the West Elgin Arena Board at their meeting held on October 17, 2005 and that the necessary by-law be prepared. DISPOSITION: Carried SUBJECT: BY-LAW 2005-82 - SHARING OF BUILDING INSPECTION SERVICES RES. NO. 7 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 Corporation of the Municipality of West Elgin and the Corporation of the Town of Aylmer, the Corporation of the Municipality of Bayham, the Corporation of the Municipality of Central Elgin, the Corporation of the Municipality of Dutton/Dunwich, the Corporation of the Township of Malahide and the Corporation of the Township of Southwold for sharing of building inspection services and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 8 Moved by Mooser Seconded by Wiehle RESOLVED that a By-law to authorize the execution of an agreement between the Corporation of the Municipality of West Elgin and the Corporation of the Town of Aylmer, the Corporation of the Municipality of Bayham, the Corporation of the Municipality of Central Elgin, the Corporation of the Municipality of Dutton/Dunwich, the Corporation of the Township of Malahide and the Corporation of the Township of Southwold for sharing of building inspection services be now read a third time and finally passed, signed, sealed and numbered By-law Number 2005-82, Agreement re: sharing of building inspection services DISPOSITION: Carried SUBJECT: DRESDEN INDUSTRIES - REQUEST FOR EXEMPTION FROM SITE PLAN APPROVAL Council reviewed a report from the Chief Building Official which outlines two projects that Dresden Industrial are requesting exemption from site plan approval. There are no drainage concerns with the proposal. November 10, 2005…Pg 4 of 12 RES. NO. 9 Moved by Wiehle Seconded by Mooser RESOLVED that Dresden Industrial project at 172 Centre Street for a 50’ X 96’ storage building and a 8’ X 120’ addition to existing office area be exempted from site plan approval. DISPOSITION: Carried SUBJECT: BY-LAW ENFORCMENT The By-law Enforcement Officer was not in attendance. Council reviewed the monthly report. Councillor Mooser asked that the By-law Enforcement Officer visit #164 again. Municipal Offences Corp. has asked if the municipality wishes the company to work with the snow plow operators to ticket vehicle parking in snow routes during restricted hours. As the Roads Superintendent indicated the present system is working, this is not required. An ad should be placed in the newspaper regarding this matter. SUBJECT: WATER REPORT The Water Superintendent presented his monthly report. SUBJECT: HOUSEHOLD HAZARDOUS WASTE DAY Council reviewed a report from Dutton/Dunwich regarding the Household Hazardous th Waste Day held on October 15. Council enquired if next time we could have it in West Elgin. SUBJECT: DECEMBER MEETING SCHEDULE RES. NO. 10 Moved by Mooser Seconded by Wiehle RESOLVED that Council of the Corporation of the Municipality of West th Elgin authorizes the change of the December 8, 2005 meeting to th December 7, 2005. Further, that the municipal office be closed from noon on December 23, rd 2005 to re-open on Tuesday January 3, 2006 at 8:30 a.m. DISPOSITION: Carried SUBJECT: WAGE DISCUSSIONS Council determined that they would meet with staff on January 5, 2006 at 9:30 a.m. to discuss 2006 wages and benefits. SUBJECT: CLACHAN HALL PROJECT The Clerk reported that she had been in discussion with the surveyor and Mr. Lindsay’s lawyer regarding the required survey to facilitate the land exchanges. It has been agreed that one reference plan showing all the parts is acceptable. However, it has been suggested that the Clachan Hall property and an as built survey of the Lindsay property is necessary as well. Council agreed that these be surveyed as well. SUBJECT: ERIE FLOORING It was reported that the municipality has not received a response from the Head Office regarding the smoke/soot problem. The Mayor will contact the Head Office to discuss this matter. November 10, 2005…Pg 5 of 12 SUBJECT: MUNICIPAL ALCOHOL POLICY WORKSHOP Councillor Balint reported that she had been contacted by the Elgin St. Thomas Health Unit regarding a workshop entitled “Why Your Community Needs a Municipal alcohol Policy” being held on November 23, 2005, 7:00 –9:30 p.m. in London. Council agreed that it would be worthwhile for Councillor Balint to attend. SUBJECT: ACCOUNTS RES. NO. 11 Moved by Balint Seconded by Bodnar RESOLVED that the Mayor and Administrator/Treasurer be and they are hereby authorized to sign Payment Voucher #11 amounting to $712,983.15 in settlement of General, Road, Water and Arena Accounts (including cheques –13661-13870) DISPOSITION: Carried SUBJECT: BY-LAW 2005-81 – REPEAL BY-LAW 2005-75 RES. NO. 12 Moved by Bodnar Seconded by Balint RESOLVED that the mover be granted leave to introduce a By-Law to repeal By-law 2005-75, being a by-law imposing special annual drainage rates upon land in respect of which money is borrowed under the Tile Drainage Act and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 13 Moved by Balint Seconded by Bodnar RESOLVED that a By-law to repeal By-law 2005-75, being a by-law imposing special annual drainage rates upon land in respect of which money is borrowed under the Tile Drainage Act be now read a third time and finally passed, signed, sealed and numbered By-law Number 2005-81 – Repeal By-law 2005-75 DISPOSITION: Carried SUBJECT: BY-LAW 2005-83 – FEES & CHARGES – BUILDING RES. NO. 14 Moved by Wiehle Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-Law to establish various fees and charges for services provided by the Building Department and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 15 Moved by Balint Seconded by Wiehle RESOLVED that a By-law to establish various fees and charges for services provided by the Building Department be now read a third time and finally passed, signed, sealed and numbered By-law Number 2005-83 – Fees & Charges – Building. DISPOSITION: Carried November 10, 2005…Pg 6 of 12 SUBJECT: BY-LAW 2005-84 – AMEND BY-LAW 2005-06, EMPLOYEE REMUNERATION BY-LAW RES. NO. 16 Moved by Mooser Seconded by Wiehle RESOLVED that the mover be granted leave to introduce a By-law to amend By-law 2005-06 – Employee Remuneration By-law and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 17 Moved by Wiehle Seconded by Mooser RESOLVED that a By-law to amend By-law 2005-06 – Employee Remuneration By-law be now read a third time and finally passed, signed, sealed and numbered By-law Number 2005-84 – Amend By-law 2005-06, Employee Remuneration By-law. SUBJECT: BY-LAW 2005-87 – BUILDING BY-LAW RES. NO. 18 Moved by Wiehle Seconded by Mooser RESOLVED that the mover be granted leave to introduce a By-Law respecting construction, demolition, change of use, conditional permits, sewage systems and inspections and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 19 Moved by Mooser Seconded by Wiehle RESOLVED that a By-law respecting construction, demolition, change of use, conditional permits, sewage systems and inspections be now read a third time and finally passed, signed, sealed and numbered By-law Number 2005-87 – Building By-law DISPOSITION: Carried SUBJECT: BY-LAW 2005-88 – TILE DRAIN (HELMER) RES. NO. 20 Moved by Balint Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-Law imposing special annual drainage rates upon land in respect of which money is borrowed under the Tile Drainage Act and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 21 Moved by Bodnar Seconded by Balint RESOLVED that a By-law imposing special annual drainage rates upon land in respect of which money is borrowed under the Tile Drainage Act be now read a third time and finally passed, signed, sealed and numbered By-law Number 2005-88 – Tile Drain (Helmer) DISPOSITION: Carried November 10, 2005…Pg 7 of 12 DELEGATION: KEN SHARRATT, SHARRATT WATER MANAGEMENT LTD. ANDY VALICKIS, OCWA RE: WATER/WASTEWATER COST RECOVERY STUDY Also in attendance: Water Superintendent Andy Valickis presented Component No. 1, which reviews the works of the Secondary water system, Rodney and West Lorne sewage systems and values of these components. Life of asset as well as major maintenance costs is included. A management plan was developed that is used to develop rates. Ken Sharratt presented Component No. 2, which reviews a rate structure. He recommends that for multi-unit buildings, a use connection be used rather than multi- unit connections. Proposed rates for water, Rodney sewage and West Lorne sewage were presented. The sewage charges would increase but the water rates would decrease, giving overall reduction in 2006 and increasing over the time period to 2011. The Mayor left the meeting before the discussion on Rodney sewage. The Deputy Mayor assumed the position of Chair. SUBJECT: CORRESPONDENCE 1.* AMCTO – request for support of a resolution regarding Bill 123, The Transparency in Public Matters Act, 2005 Instruction: RES. NO. 22 Moved by Bodnar Seconded by Balint RESOLVED that Council of the Municipality of West Elgin is in support of position of AMCTO regarding Bill 123 stating that municipalities should be removed from the list of public bodies subject to Bill 123 and that any openness and transparency issues that the Province wants addressed for municipalities should be addressed through the Municipal Act review. DISPOSITION: Carried 2.* Town of Tecumseh – request for support of a resolution regarding expiration of passports. Instruction: File RES. NO. 23 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 Town of Tecumseh regarding passports. DISPOSITION: Carried 3.* Township of Coleman – request for support of a resolution regarding the forest industry. Instruction: File 4.* Canadian Union of Postal Workers – request for support of a resolution regarding closing of post offices and plants. Instruction: November 10, 2005…Pg 8 of 12 RES. NO. 24 Moved by Balint Seconded by Mooser WHEREAS Canada Post is reviewing its entire postal network and has announced plans to close a mail sorting plant in Quebec City as the very first step in its review. WHEREAS the government appears to support Canada Post’s plan to close the plant in Quebec City, beginning in December 2005, which would eliminate 302 jobs. WHEREAS the government is allowing Canada Post to close rural post office in spite of a moratorium on post office closures in rural and small towns. WHEREAS our public postal network connects communities through this vast land, helping us to over come difference and distances; WHEREAS our public postal networks plays a key role in our social and economic life by providing jobs and the infrastructure that healthy communities need to thrive and businesses need to grow. THEREFORE BE IT RESOVLED that the Corporation of the Municipality of West Elgin requests that the federal govern instruct Canada: 1. to stop the closure of the mail sorting plant in Quebec City and proposed closures in other locations, 2. to consult with the public, postal units and other major stakeholders to develop a uniform and democratic process for making changes to the Canada Post network. 3. to maintain, expand and improve our public postal network. DISPOSITION: Carried 5.* West Elgin Community Health Centre – notice of “Parent Learning Forum”, th November 15, 7:00 –9:00 p.m., West Elgin High School Instruction: File 6.* Optimist Club of West Lorne – request for approval for Adult Fun Night, February 26, 2006 at Rodney Legion Instruction: RES. NO. 25 Moved by Balint Seconded by Bodnar RESOLVED that Council of the Municipality of West Elgin supports the holding of the Adult Fun Night on February 26, 2006 at the Royal Canadian Legion in Rodney by the Optimist Club of West Lorne. DISPOSITION: Carried 7. Bell Mobility – request for extension of lease agreement Instruction: RES. NO. 26 Moved by Mooser Seconded by Bodnar RESOLVED that Council of the Corporation of the Municipality of West Elgin agrees to the renewal of a lease with Bell Mobility Inc. for premises known as Pt Lot 75, Plan 202, former Township of Aldborough with the following annual rental payments: March 1, 2006 to February 28, 2007 $6,500.00 March 1, 2007 to February 28, 2008 $6,500.00 March 1, 2008 to February 28, 2009 $6,500.00 March 1, 2009 to February 28, 2010 $6,500.00 March 1, 2010 to February 28, 2011 $6,500.00 DISPOSITION: Carried November 10, 2005…Pg 9 of 12 th 8.* Rodney Santa Claus Parade Committee – parade on Saturday December 10, 5:30 p.m. Instruction: RES. NO. 27 Moved by Bodnar Seconded by Mooser RESOLVED that Council of the Municipality of West Elgin supports the request of the Rodney Santa Claus Parade Committee to close Queen Street from Flora Street to Furnival Road and Furnival Road from Queen th Street to Victoria Street on Saturday December 10, 2005 from 5:15 p.m. to 6:30 p.m. DISPOSITION: Carried 9.* Township of Terrace Bay – request for support of a resolution regarding the pandemic Instruction: RES. NO. 28 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 Township of Terrace Bay requesting the Minister of Community Safety and Correctional Service to ensure that providers and the public are informed about the pandemic and how to help protect themselves against it and that the Ministry identify and implement a system for the provision of critical medical supplies and establish reliable and secure purchasing, storage and distribution systems. DISPOSITION: Carried 10.* Lower Thames Valley Conservation Authority – notice of municipal workshops re: Source Water Protection, December 1, 9:30 a.m. @ Ridgetown College Instruction: File 11. AMO – OMERS devolution Instruction: Defer to next meeting 12. AMO – request for support of a resolution regarding OMERS devolution Instruction: Defer to next meeting 13.* Inky Mark, M.P. – request for support of Heritage Hunting and Fishing Protection Act Instruction: File 14.* Township of Chisholm – request for support of a resolution regarding cancellation of spring bear hunt Instruction: File 15.* West Elgin Fire Department – Rodney, request to waive fees for use of Recreation Centre, park and pool on June 17, 2006. Instruction: RES. NO. 29 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 Recreation Centre, Park and Pool on June 17, 2006 for a Fire Muster to be hosted by West Elgin Fire Department, Rodney Station. DISPOSITION: Carried November 10, 2005…Pg 10 of 12 16.* West Elgin Secondary School Council – request for support of a submission to Thames Valley Board of Education Instruction: RES. NO. 30 Moved by Balint Seconded by Mooser WHEREAS the Thames Valley District School Board is inviting written input on school improvements and learning priorities that could be applied to the $5.1 million in projected 2004-05 Board surplus and 2005-06 contingency funds. AND WHEREAS the West Elgin Secondary School Council have made a number of recommendation that help provide the long term benefit of creating an inclusive, supportative learning environment for all students; THEREFORE BE IT RESOLVED that the Council of the Corporation of the Municipality of West Elgin supports the following recommendations made by the West Elgin Secondary School Council: 1. That the TVDSB allot $70,000 to provide two education assistants to support the students in the WEST program. 2. That the TVDSB reinstated the E.A. support that has been reduced by budget cuts and changes to the Special Education criteria for intensive support, and consider the increased use of E.A. support as a cost-effective way to support the learning of all higher needs students at their home schools. 3. Each school library must be adequately stocked and staffed to ensure a fair and supportive learning environment for all students. The Board be urged to use all the funds necessary to ensure full day access to school libraries for all students of the TBDSB. AND FURTHER that these recommendations be forwarded to the Thames Valley Board as support by the Municipality of West Elgin for our rural schools. DISPOSITION: Carried 17. AMO - Province introduces Access to Justice Act, 2005 AMO President addressed the Federal Standing Committee on - Finance COMRIF Intake Two update - Instruction: File 18. Federation of Canadian Municipalities Canadian coalition of municipalities against racism - Instruction: File 19. City of Sault Ste Marie – letter of support for engineers and architects re AMO Alert on Bill 124 Instruction: File 20. Ontario Flue-Cured Tobacco Growers’ Marketing Board – announcement of new Chair and Vice Chair Instruction: File 21.* County Tree Inspector – questions and answers for Emerald Ash Borer Instruction: Have copies available for public at front counter. 22. 2006 Pitch-In Canada Week – April 24- 30 Instruction: File November 10, 2005…Pg 11 of 12 23. Santa Claus Parade Committee, West Lorne – request for donation for parade Instruction: forward for payment 24. Santa Claus Parade Committee, West Lorne – request for support of road th closure for parade, November 25. Instruction: RES. NO. 31 Moved by Bodnar Seconded by Mooser RESOLVED that Council of the Municipality of West Elgin supports the request of the West Lorne Santa Claus Parade Committee to close Graham Road from Gilbert Street to Maple Street and Main Street from th Ridge Street to Wood Street on Friday November 25, 2005 from 7:00 p.m. to 8:00 p.m. DISPOSITION: Carried RES. NO. 32 Moved by Balint Seconded by Bodnar RESOLVED that the correspondence be dealt with as per the instructions of Council as noted. DISPOSITION: Carried SUBJECT: MINUTES *West Elgin Arena Board – October 17, 2005 *West Elgin Recreation Committee – November 2, 2005 SUBJECT: TENDER FOR SHORELINE PROTECTION EXTENSION (WATER TREATMENT PLANT) Tenders for shoreline protection extension were considered and approved by the Tri County Management Committee at their meeting held on October 31, 2005. Council reviewed a report from Stantec Consulting outlining the tenders as follows: Total Tender Price (including GST & contingency allowance) Van Bree Drainage & Excavating Inc. $309,861.30 Ontario Construction Company 333,479.41 Terra Infrastructure Inc. 373,641.50 Dean Construction Company Limited 374,039.39 A-Xcavating Ltd. 489,364.50 969774 Ontario Limited 594,343.38 RES. NO. 33 Moved by Mooser Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin accepts the tender of Van Bree Drainage & Excavating in the amount of $309,861.30 including GST and contingency allowance for shoreline protection extension at the Water Treatment Plant and that the Mayor and Clerk be authorized to sign the necessary documents. DISPOSITION: Carried SUBJECT: PORT GLASGOW PEDESTRIAN BRIDGE The Clerk reported that all approvals have been received and the project will start this weekend. November 10, 2005…Pg 12 of 12 SUBJECT: CONFIRMATION BY-LAW RES. NO. 34 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 November 10, 2005 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 35 Moved by Bodnar Seconded by Balint RESOLVED that a By-law to confirm the proceedings of the meeting of Council held on November 10, 2005 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2005-89 – Confirming By-law November 10 2005. DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 36 Moved by Mooser Seconded by Balint RESOLVED that this Regular Meeting of Council adjourn at 3:45 p.m. to meet again on November 17, 2005 for a Special Planning Meeting. DISPOSITION: Carried th These minutes were adopted on the 7 day of December, 2005. ___________________________ ____________________________ Mayor Clerk