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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 TH 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 th 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 th 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: ? Improved code knowledge for builders/contractors, ? Provisions for builder liability insurance for non-residential builders, and ? 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 - Provincial and Municipal Boards, Commissions and Other Public Bodies be Open to the Public Bill 206 OMERS update - COMRIF Intake Two deadline is September 30, 2005 - October 13, 2005…Pg 10 of 12 *Understanding Bill 206 – Proposed OMERS reforms - OMERS – Costing information released - Start of Session Status on legislation relating to municipal - governments Towards Greater Efficiency! – an energy reduction workshop for - municipalities Federal gas tax implementation update - Instruction: File 17 Province of Ontario News Release Ontario government supporting improved access to health care - (City of Clarence-Rockland) Retail closings on Thanksgiving Day - Ontario government supports community revitalization - (Township of Muskoka Lakes) Ontario to co-lead development of National Housing Framework - Ontario government supports community revitalization (Sault - Ste. Marie) Ontario government supports Quinte workforce development - 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 stnd 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: ? 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. ? 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. ? 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 ? 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 th These minutes were adopted on the 10 day of November, 2005. ___________________________ ____________________________ Mayor Clerk