October 13, 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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OCTOBER 13, 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
Lorne McLeod Chief Building Official
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.
September 8, 2005 Council
September 8, 2005 Property Standards Committee
September 22, 2005 Council
September 22, 2005 Property Standards Committee
DISPOSITION: Carried
SUBJECT: DISCUSSION FROM MINUTES
The Mayor reported that after discussions between the Nature Club and the Roads
Superintendent, it was agreed that along Grey Line cuts would occur for safety reasons
only until after the Rodney Fall Fair, after that cut would be to the fences.
SUBJECT: SIGNS
The Deputy Mayor brought forward a request from West Lorne BioOil Co-Generation for
a welcome sign at entrance of West Lorne saying “Home of BioOil”. County approval
would be required if not on private property. Council requested the company submit a
detailed proposal and that the sign be located on private property, if possible.
Council noted that a new sign is needed to advertise the Port Glasgow Trailer Park
(Furnival Road), distance to Rodney after exiting from Highway 401 is needed, and
signs along Talbot Line for West Lorne and Rodney are needed.
October 13, 2005…Pg 2 of 12
SUBJECT: ROADS REPORT
The Roads Superintendent presented the monthly report. Councillor Balint enquired if
Silver Clay Line east of Graham would be paved in the future. The Roads
Superintendent noted that the road has been rebuilt and it is not planned to pave this
portion at this time. Traffic counts are used to determine the need for paving. Our
policy is to take care of existing road surfaces before placing tar & chip on new roads.
Councillor Mooser reported that a petition would be submitted regarding a speed limit on
Marsh Line; school sign is already there.
SUBJECT: SIDEWALK PLOWING
The Recreation Superintendent presented a report regarding sidewalk plowing in West
Lorne and Rodney. Council agreed with the routes as proposed. Sidewalks would be
salted in the business section. The tractor from the trailer park would be used, a plow
attachment is required. This tractor would be housed at Chestnut Street building.
Discussion took place regarding the amount of snow that could accumulate before
plowing is required. The Roads Superintendent reported that sidewalks are considered
part of roads, a class 3 road minimum standards is 8 cm, 12 hours. A written policy on
snow accumulation and ice should be developed and adopted by Council.
Council directed that no overtime but that flexible working hours are used instead.
However, overtime may accumulate on weekends.
SUBJECT: RECREATION REPORT
The Recreation Superintendent presented his monthly report. He presented Council
with a copy of a letter regarding slippery floor conditions in the Recreation Centre.
Councillor Balint reported that she has not met with the Youth Group regarding the use
of the Scout Hall building. A discussion arose regarding the users of this building,
insurance and the present agreement with the Optimist Club. Councillor Balint will meet
with the Optimist club to determine what their ideas are for usage and that a new
agreement is required. If the Optimist Club does not want to continue, Council will need
to determine who can use the building.
Council agreed to the installation of a photocell on the grandstand.
SUBJECT: BUILDING
The Chief Building Official was not in attendance. Council reviewed his monthly reports
for August and September 2005. In August, five permits were issued totalling
$458,200.00 worth of construction. In September, nine permits were issued totalling
$325,350.00 worth of construction. In July, nine permits were issued totalling
$155,300.00 worth of construction.
SUBJECT: BY-LAW ENFORCMENT
The By-law Enforcement Officer was not in attendance. Council reviewed the monthly
report.
October 13, 2005…Pg 3 of 12
SUBJECT: WATER REPORT
The Water Superintendent reported regarding the Beattie Haven project, borring under
the river will start next week and be completed by Friday. We have completed our
portion of the necessary works. Powell Street in Rodney is completed, testing is
underway. Roof replacements at the water tower building and jail are finished. At Shell
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service centres, bypasses to two chambers are being installed on October 26,
coordinating with Dutton-Dunwich. Queen Street east and west proposed waterline
costs are being worked on, 7 owners on west indicated yes and 10 owners on east
indicated yes.
Councillor Mooser reported he had received a complaint about rusty water on Chestnut
Street west of Graham and asked when this line would be replaced. The Water
Superintendent reported that the replacement would have to be coordinated with the
County as the Chestnut Street line is fed from Graham Road (from intersection at the
Donut Shop to Marsh Line).
SUBJECT: PERFORMANCE MEASUREMENT PROGRAM 2004
The 2004 report was presented to Council for their information.
SUBJECT: COMPUTER PURCHASE
The Administrator/Treasurer reported that computers have been ordered from Dell. A
comparative price was received from Softchoice. Six computers which include a free flat
screen and 2003 window software plus one laptop at the cost of $10,184.40, including
taxes. Software upgrades will cost approximately $2,000.00.
SUBJECT: BUILDING PERMIT FEE REVIEW
The Administrator/Treasurer presented an amended schedule of building permit fees as
requested by Council.
SUBJECT: ACCOUNTS
RES. NO. 2 Moved by Mooser
Seconded by Wiehle
RESOLVED that the Mayor and Administrator/Treasurer be and they are
hereby authorized to sign Payment Voucher #10 amounting to
$847,108.52 in settlement of General, Road, Water and Arena Accounts
(including cheques -13472-13660.)
DISPOSITION: Carried
Council adjourned to hold a public meeting regarding a change to MDS requirements in
the zoning by-law and resumed their meeting thereafter.
SUBJECT: BY-LAW 2005-76 – AMEND MINIMUM DISTANCE SEPARATION II
RES. NO. 3 Moved by Mooser
Seconded by Wiehle
RESOLVED that the mover be granted leave to introduce a by-law to
amend Schedule ‘H’ of the Township of Aldborough Zoning By-law 90-50,
being the Minimum Distance Separation II, and this shall be the first and
second reading and provisional adoption thereof.
DISPOSITION: Carried
October 13, 2005…Pg 4 of 12
RES. NO. 4 Moved by Wiehle
Seconded by Mooser
RESOLVED that the by-law to amend Schedule ‘H’ of the Township of
Aldborough Zoning By-law 90-50, being the Minimum Distance Separation
II be now read a third time and finally passed, signed, sealed and
numbered, By-Law No. 2005-76 – Amend MDS II
DISPOSITION: Carried
The Chief Building Official joined the meeting.
SUBJECT: PUBLIC MEETING RE: FEES FOR BUILDING PERMITS, WASTE
MANAGEMENT, SEWAGE, WATER AND FIRE INSPECTIONS
Also in attendance: No one
1. BUILDING PERMITS
The Chief Building Official reviewed a table that outlined sample permits fees
under the existing by-law and proposed fees. The Administrator/Treasurer noted
that these fees should cover our costs; this would be re-evaluated again next
year. Costs to be included are office space, utilities, computers, supplies,
equipment, maintenance, staff time and mileage, plus training costs (as a result
of changes to the Building Code Act). It was noted that the municipality does not
have a lot levy by-law and these fees are based on user pay.
The Chief Building Official left the meeting.
2. FIRE INSPECTIONS
No changes in the existing fees are being proposed. It was noted that rates for
occurrences on provincial highways are the same as established by the Ministry
of Transportation.
3. WASTE MANAGEMENT
No changes in the existing fees are being proposed.
4. WATER AND SEWER RATES
The Clerk read correspondence from Ed & Kim Markham. The amount raised
through sewage rates pays for operation and capital costs for sewage treatment.
Future replacement needs to be included as well. A rate study is underway
which will address future needs. If rate changes are a result, another public
meeting will be called. Need to keep summer consumption down as it directly
affects the need for water treatment plant expansion.
Council adjourned to hold a Property Standards Committee meeting and resumed their
meeting thereafter.
SUBJECT: BY-LAW –2005-68 – LIVESTOCK KILLED BY WILD ANIMALS
(COYOTES)
RES. NO. 5 Moved by Mooser
Seconded by Wiehle
RESOLVED that the mover be granted leave to introduce a By-Law to
provide for payment for livestock or poultry killed by wild animals and this
shall be the first and second reading and provisional adoption thereof.
DISPOSITION: Carried
October 13, 2005…Pg 5 of 12
RES. NO. 6 Moved by Wiehle
Seconded by Mooser
RESOLVED that a By-law to provide for payment for livestock or poultry
killed by wild animals be now read a third time and finally passed, signed,
sealed and numbered By-law Number 2005-68 Livestock Killed by Wild
Animals
DISPOSITION: Carried
SUBJECT: BY-LAW 2005-69 – AGREEMENT WITH CHATHAM-KENT
(FIRE SERVICES)
RES. NO. 7 Moved by Moser
Seconded by Wiehle
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 Municipality of
Chatham-Kent regarding fire services and this shall be the first and second
reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 8 Moved by Wiehle
Seconded by Mooser
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 Municipality of Chatham-Kent regarding fire services be
now read a third time and finally passed, signed, sealed and numbered
By-law Number 2005-69 – Agreement with Chatham-Kent (fire services)
DISPOSITION: Carried
SUBJECT: BY-LAW 2005-70 – PLANNING FEES BY-LAW
RES. NO. 9 Moved by Bodnar
Seconded by Balint
RESOLVED that the mover be granted leave to introduce a By-Law to
provide for payment of fees for planning matters and this shall be the first
and second reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 10 Moved by Balint
Seconded by Bodnar
RESOLVED that a By-law to provide for payment of fees for planning
matters be now read a third time and finally passed, signed, sealed and
numbered By-law Number 2005-70 – Planning Fees By-law
DISPOSITION: Carried
SUBJECT: BY-LAW 2005-71 – FEES & CHARGES – FIRE
RES. NO. 11 Moved by Balint
Seconded by Bodnar
RESOLVED that the mover be granted leave to introduce a By-Law to
establish various fees and tariff for services provided by the Fire
Department and this shall be the first and second reading and provisional
adoption thereof.
DISPOSITION: Carried
October 13, 2005…Pg 6 of 12
RES. NO. 12 Moved by Bodnar
Seconded by Balint
RESOLVED that a By-law to establish various fees and tariff for services
provided by the Fire Department be now read a third time and finally
passed, signed, sealed and numbered By-law Number 2005-71 – Fees &
Charges - Fire
DISPOSITION: Carried
SUBJECT: BY-LAW 2005-72 – WATER & SEWER RATES
RES. NO. 13 Moved by Wiehle
Seconded by Mooser
RESOLVED that the mover be granted leave to introduce a By-Law to
establish rates for contribution to the capital costs, consumption of water
and use of sewage system and this shall be the first and second reading
and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 14 Moved by Wiehle
Seconded by Mooser
RESOLVED that a By-law to establish rates for contribution to the capital
costs, consumption of water and use of sewage system be now read a
third time and finally passed, signed, sealed and numbered By-law
Number 2005-72 – Water & Sewer Rates
DISPOSITION: Carried
SUBJECT: BY-LAW 2005-73 – FEES & CHARGES – LANDFILL
RES. NO. 15 Moved by Balint
Seconded by Bodnar
RESOLVED that the mover be granted leave to introduce a By-Law to
establish various fees and tariffs for services provided at the Waste
Management Facility and this shall be the first and second reading and
provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 16 Moved by Bodnar
Seconded by Balint
RESOLVED that a By-law to establish various fees and tariffs for services
provided at the Waste Management Facility be now read a third time and
finally passed, signed, sealed and numbered By-law Number 2005-73 –
Fees & Charges – Landfill
DISPOSITION: Carried
SUBJECT: BY-LAW 2005-74 – DOG BY-LAW
RES. NO. 17 Moved by Balint
Seconded by Wiehle
RESOLVED that the mover be granted leave to introduce a By-Law for
registration and control of dogs and this shall be the first and second
reading and provisional adoption thereof.
DISPOSITION: Carried
October 13, 2005…Pg 7 of 12
RES. NO. 18 Moved by Wiehle
Seconded by Balint
RESOLVED that a By-law for registration and control of dogs be now read
a third time and finally passed, signed, sealed and numbered By-law
Number 2005-74 – Dog By-law
DISPOSITION: Carried
SUBJECT: BY-LAW 2005-75 - TILE DRAIN (HELMER)
RES. NO. 19 Moved by Mooser
Seconded by Wiehle
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. 20 Moved by Wiehle
Seconded by Mooser
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 2005-75 – Tile Drain (Helmer)
DISPOSITION: Carried
SUBJECT: CORRESPONDENCE
1.* Township of North Frontenac – request for support of a resolution regarding
funding for small rural municipalities.
Instruction:
RES. NO. 21 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 North Frontenac recommending
that the Government immediately develops and institutes, for the smallest
rural municipalities, minimum capital program funding thresholds that tare
inversely proportionate to their permanent and non-permanent
populations.
DISPOSITION: Carried
2.* AMO – notice of Southwest Municipal Conference, November 18, 2005, London
Instruction: All members of Council will attend.
3.* City of Kawartha Lakes – request for support of a resolution regarding youth
participating in sports and creditable and accountable organizations
Instruction: File
4.* City of Hamilton – request for support of a resolution regarding funding
mechanisms to support rural and agricultural development issues.
Instruction: File
5.* Township of Stone Mills – request for support of a resolution regarding the
Provincial Policy Statement
Instruction: File
October 13, 2005…Pg 8 of 12
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6.* County of Elgin – Wardens Banquet, November 5 at St. Anne’s Centre, St.
Thomas
Instruction: Deputy Mayor, Councillors Mooser and Balint will attend
7.* Township of Oro-Medonte – request for support of a resolution regarding
livestock kills by cougars/pumas.
Instruction: File
8.* Town of Tecumseh – request for support of a resolution regarding funding for
Community Emergency Response Volunteers (CERV)
Instruction: File
9.* AMO – request for support of resolution regarding Bill 124, Building Code Statue
Law Amendment Act, 2002.
Instruction:
RES. NO. 22 Moved by Wiehle
Seconded by Bodnar
WHEREAS the Ontario Association of Architects (OAA) and the
Professional Engineers of Ontario (PEO) have requested exemption from
the provisions of Bill 124;
THEREFORE BE IT RESOLVED that Council of the Corporation of the
Municipality of West Elgin supports the following:
1. Strongly object to the request of architects and engineers for
exemption from Bill 124.
2. Request that the Building Advisory Council (BAC) be set up in
January 2006 and address the following issues regarding liability
recommended by BRRAG but omitted in Bill 124:
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Improved code knowledge for builders/contractors,
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Provisions for builder liability insurance for non-residential
builders, and
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Longer liability insurance periods for designers.
3. That BAC review the other recommendations of BRRAG that were
omitted in Bill 124, which will create a more equitable building
regulatory system in Ontario.
DISPOSITION: Carried
10.* Chantelle Ellis – request for waiving of rental fees for use of Rodney Recreation
Centre for a benefit dance.
Instruction:
RES. NO. 23 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 for a
benefit dance on November 19, 2005.
DISPOSITION: Carried
11.* AMO – request for support of a resolution regarding Bill 123, Transparency in
Public Matters Act, 2005.
Instruction:
RES. NO. 24 Moved by Wiehle
Seconded by Balint
WHEREAS the Provincial Standing Committee on Regulations and Private
Bills is currently debating Private members Bill 123 the Transparency in
Public Matters Act; and
October 13, 2005…Pg 9 of 12
WHEREAS the proposed legislation includes municipal council and
committees; and
WHEREAS the proposed legislation adds requirements to notice
provisions, open meetings, minutes forms of meetings, among other
matters all of which are addressed in the Municipal Act, which would
create confusion for council, administration and the public; and
WHEREAS the Municipal Act is currently under review and is being
informed by input from the municipal and private sectors among others;
and
WHEREAS AMO and others have urged the Standing Committee to
remove any reference to municipal councils or council committees from
this legislation and allow transparency and accountability issues to
continue to be regulated under the Municipal Act;
THEREFORE BE IT RESOLVED that the Municipality of West Eglin urges
the Minister of Municipal Affairs and Housing to vote against the Bill if the
reference to ‘municipal council’ is not deleted in the Bill as reported by the
Standing Committee; and that Steve Peters, MPP be advised of the lack of
this council’s support for the inclusion of ‘municipal councils’ in Bill 123.
DISPOSITION: Carried
12.* Region of Niagara – request for support of a resolution regarding additional
requirements to cross US/Canada borders
Instruction:
RES. NO. 25 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 Region of Niagara regarding the “Intelligence
Reform and Terrorism Prevention Act of 2004”.
DISPOSITION: Carried
13.* Ontario Motor Vehicle Licence Issuers Association (OMVLIA) – request for
financial support to hire a lobbyist/public relations person
Instruction: File
14.* Aylmer District Stakeholders Committee – request for support of a resolution
regarding muzzle-loader and archery heritage hunting site.
Instruction:
RES. NO. 26 Moved by Mooser
Seconded by Balint
RESOLVED that Council of the Corporation of the Municipality of West
Elgin supports the request by the Aylmer District Stakeholders committee
to allow Wildlife Management Unit #92 to remain a muzzle-loader and
archery heritage Hunting Site.
DISPOSITION: Carried
15. Ministry of Agriculture, Food and Rural Affairs – Agricultural Drainage
Infrastructure Program
Instruction: File
16. AMO - Free Ontario Recycler Workshop – November 3, 2005
Hearings on Bill 123 – An Act to Required that Meetings of
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Provincial and Municipal Boards, Commissions and Other Public
Bodies be Open to the Public
Bill 206 OMERS update
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COMRIF Intake Two deadline is September 30, 2005
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October 13, 2005…Pg 10 of 12
*Understanding Bill 206 – Proposed OMERS reforms
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OMERS – Costing information released
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Start of Session Status on legislation relating to municipal
-
governments
Towards Greater Efficiency! – an energy reduction workshop for
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municipalities
Federal gas tax implementation update
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Instruction: File
17 Province of Ontario News Release
Ontario government supporting improved access to health care
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(City of Clarence-Rockland)
Retail closings on Thanksgiving Day
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Ontario government supports community revitalization
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(Township of Muskoka Lakes)
Ontario to co-lead development of National Housing Framework
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Ontario government supports community revitalization (Sault
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Ste. Marie)
Ontario government supports Quinte workforce development
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18. Ontario Heritage Foundation – Heritage Community Recognition Program
Instruction: File
19. Cultural Capitals of Canada – 2007 and 2008 awards
Instruction: File
20. St. Thomas-Elgin General Hospital – 2004/2005 Annual Report
Instruction: File
21. West Elgin Community Policing Committee – minutes of the meeting held on
June 8, 2005
Instruction: File
22. County of Elgin Land Division Committee – notice of decision (Brown)
Instruction: File
23. Municipal Property Assessment Corporation – notice of annual meeting to be
held on October 19 in Niagara Falls.
Instruction: File
24. ATV Ontario – notice of seminar “Shared Use of Recreational Trails and Tourism
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Opportunity”, October 21 and 22 in Toronto.
Instruction: File
25. Lower Thames Valley Conservation Authority – minutes of the meeting held on
August 25, 2005.
Instruction: File
26. Elgin Group Police Services Board – Detachment Commander’s Report, June –
August 2005
Instruction: File
27. Ministry of Transportation – Ontario Transit Vehicle Program
Instruction: File
28. Veterans Affairs Canada – Cenotaph/monument restoration program
Instruction: File
October 13, 2005…Pg 11 of 12
29. Minister of Municipal Affairs and Housing – Long-standing service recognition of
municipal officials
Instruction: File
30. MPAC – update on 2005 province3-wide assessment and improvement of
services
Instruction: File
31. Ministry of Environment – Waste Reduction Week
Instruction: File
32. Elgin St. Thomas Health Unit – Healthy Weights/Healthy Lives seminar,
nd
November 2 St. Thomas
Instruction: File
33. Elgin Group Police Services Board – minutes of the meeting held on September
28, 2005
Instruction: File
34. West Elgin Community Policing Committee – minutes of the meeting held on
September 14, 2005
Instruction: File
35.* Royal Canadian Legion – funds for Port Glasgow Trailer Park
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 – Annual Meeting, October 5, 2005
*West Elgin Chamber of Commerce – September 6, 2005
*West Elgin Recreation Committee – September 7, 2005
*West Elgin Arena Board – September 19, 2005
*West Elgin Recreation Committee – October 5, 2005
SUBJECT: LANDFILL ISSUES
The Mayor reported on the following issues discussed at a recent Landfill Committee
meeting:
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A proposal has been received from Wozco Precious Metal & Computer Recycling
to place a bin at the landfill to collect electronic/computer related materials for
recycling. This does not include televisions, smoke alarms, batteries, radioactive
items, hazardous waste/materials. Council agreed with this proposal.
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Recycling of tires – the proposal by the tire industry regarding the disposal and
recycling of tires is stalled at the province. The Mayor will contact MOE to see
what is happening.
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Cans theft – someone in Rodney is stealing recyclables. Curbside is our
property, therefore theft. This affects our grant as it is related to volume, as well
as our revenue. A letter to be sent.
October 13, 2005…Pg 12 of 12
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Fuel surcharge – Because their contracts are set, the contractors will be asking
the municipality to look at a fuel surcharge based on a define formula.
Discussion with the operators is continuing.
SUBJECT: COMMUNITY SERVICE ORDER PROGRAM
RES. NO. 28 Moved by Bodnar
Seconded by Balint
RESOLVED that Council of the Municipality of West Elgin support
establishing a Community Service Order Program in the municipality.
DISPOSITION: Carried
SUBJECT: INTERVIEWS FOR FRONT OFFICE STAFF PERSON
The Administrator/Treasurer, Mayor and Deputy Mayor will conduct the interviews.
SUBJECT: CONFIRMATION BY-LAW
RES. NO. 29 Moved by Mooser
Seconded by Wiehle
RESOLVED that the mover be granted leave to introduce a By-Law to
confirm the proceedings of the meeting of Council held on October 13,
2005 and this shall be the first and second reading and provisional
adoption thereof.
DISPOSITION: Carried
RES. NO. 30 Moved by Wiehle
Seconded by Mooser
RESOLVED that a By-law to confirm the proceedings of the meeting of
Council held on October 13, 2005 be now read a third time and finally
passed, signed, sealed and numbered By-law Number 2005-77 –
Confirming By-law October 13 2005.
DISPOSITION: Carried
SUBJECT: ADJOURNMENT
RES. NO. 31 Moved by Balint
Seconded by Bodnar
RESOLVED that this Regular Meeting of Council adjourn at 4:00 p.m. to
meet again on October 20, 2005 for a Special Planning Meeting.
DISPOSITION: Carried
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These minutes were adopted on the 10 day of November, 2005.
___________________________ ____________________________
Mayor Clerk