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April 27, 2006 Regular Meeting M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS APRIL 27, 2006 MEMBERS PRESENT: Mayor Graham Warwick, Deputy Mayor Bernie Wiehle Councillors Trudy Balint, Mary Bodnar, Michael Mooser STAFF PRESENT: Joanne Groch Administrator/Treasurer Norma Bryant Clerk Lorne McLeod Chief Building Official Paul VanVaerenbergh Road Superintendent Lloyd Jarvis Water Superintendent ALSO PRESENT: Ted Halwa Planning Consultant DECLARATION OF PECUNIARY INTEREST: No conflicts were declared regarding the published agenda. SUBJECT: PROPOSED SEVERANCE (AUGUST SACHER) PART LOT 6, CONCESSION 10 The Planner reviewed the application to create a lot having a frontage of 65 metres, depth of 155 metres and area of 1.0 hectares for the purpose of disposing of a surplus farm dwelling. The size of the proposed lot is large but not unreasonable for rural residential purposes. Trees define the westerly boundary of the lot, and the other proposed boundaries correspond to an area between the horse shelter and the dwelling, which is not cultivated. The proposed lot would require rezoning to Special Agricultural. The retained parcel was previously zoned site specific (A1-41) to restrict the number of dwellings to one, at the time of a previous severance application (Manneke). A restriction to the A1-41 would be required to prohibit a new dwelling from being erected on the parcel in the future to satisfy the PPS and the Official Plan. Council agreed in principle with the proposed severance subject to the usual conditions and zoning requirements as noted. SUBJECT: SEASONAL FARM HELP, TEMPORARY USE AGREEMENTS Also in attendance: Chief Building Official The Mayor reported that issue came forward due to a trailer on a farm lot that is occupied. It is being occupied all year, not just seasonal. The Planner noted that a mobile home for seasonal farm help is permitted in the zoning by-law. The Mayor asked how do we monitor? The Planner suggested a temporary use zoning on a case-by-case basis might be the answer. April 27/06…Page 2 of 9 The Chief Building Official noted that the trailer in question is a park model trailer, which is not a permitted use. There is not a proper septic system. Discussion took place regarding the differences between park models, travel trailers, mobile home and modular homes. There are different CSA standards for each. The Planner noted that it was the intention when the by-law was developed that full-time farm help would be housed in permanent dwellings. Council determined that for the property in question, a temporary use by-law be considered and the owner be so advised. Further, approval for septic system and an agreement with the municipality would also be required. SUBJECT: NEW OFFICIAL PLAN After discussion on the status of the new Official Plan, Council directed that the th document be presented to Council at a special Council meeting on May 18. It is proposed that the formal public meeting be scheduled for the last week of June. SUBJECT: PERMANENT OCCUPANCY OF SEASONAL PARKS Council referred to correspondence item #1 from the Enchanted Hideaway Association. They request two occupied trailers instead of one that is allowed in the zoning by-law. The Planner noted that they have provided sound reasons, grounds to allow on a long- term basis. He suggested that the owner apply for a minor variance and conditions could be applied if necessary. It was reported that the letter to the owners of seasonal trailer parks regarding occupancy has not been finalized to date. Council directed that a copy of this letter be delivered to all trailer occupants. SUBJECT: FORDHAM MOTORS SITE PLAN Also in attendance: Ron Fordham The Planner presented a report for discussion. 1. drainage issues – need to be addressed and a drainage plan approved by the Drainage Superintendent 2. sidewalks – sidewalk has been capped with asphalt, should the sidewalks be restored? Mr. Fordham noted that sidewalks were not there before. If Council wishes the sidewalk to be built, it would be municipality’s responsibility. 3. landscaping on corner – Mr. Fordham noted that there is a problem with trucks turning at this intersection. He will look into some landscaping at corner. 4. entrances off Queen Street – it was noted that the County needs to be contacted for their review. Mr. Fordham noted that the curb along Queen Street should be repaired. The new addition will house four bays for service. Two entrances as proposed are necessary for traffic flow. 5. tree planting at rear – Mr. Fordham reported that the neighbour requests their removal and is in agreement with new building. 6. garbage area – the Planner suggests this area be screened. Council directed that the matters be discussed between the Planner and Mr. Fordham th and report back to the May 11 meeting. The Planner left the meeting. April 27/06…Page 3 of 9 SUBJECT: CORREPSONDENCE 1.* Enchanted Highway re: permanent occupancy of seasonal parks Instruction: See discussion above 2.* Rodney Aldborough Agricultural Society re: signs Instruction: RES. NO. 1 Moved by Bodnar Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin authorizes a 72” by 12” white sign, as proposed by the Rodney Aldborough Agricultural Society, be added beneath the Rodney welcome signs at the four entrances to the village subject to the approval of the Road Superintendent and the Rodney Horticultural Society DISPOSITION: Carried 3. Municipality of Dutton/Dunwich re: approval of 2006 arena budget Instruction: File 4.* Community Transition Program re: authorization to proceed with full application and business case Instruction: RES. NO. 2 Moved by Wiehle Seconded by Mooser RESOLVED that the Council of the Municipality of West Elgin agrees to proceed with the filing of a Full Application and Business Case for the CTP project. DISPOSITION: Carried 5.* Hickory Grove Investments Inc. re: municipal water Instruction: Bring forward at next meeting 6.* Hickory Grove Investments Inc. re: meeting with council Instruction: Bring forward at next meeting th 7.* Rodney Fire Department re: Fire Muster, June 17. 2006 Instruction: RES. NO. 3 Moved by Bodnar Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin gives approval to the Rodney Fire Muster to hold a “Beer Garden” in a fenced off area adjacent to the West Elgin Recreation Centre, on June 17, 2006 DISPOSITION: Carried RES. NO. 4 Moved by Mooser Seconded by Wiehle RESOLVED that the correspondence be dealt with as per the instructions of Council as noted. DISPOSITION: Carried April 27/06…Page 4 of 9 SUBJECT: ERIE FLOORING Councillor Mooser asked that a letter be sent to the new Manager at Erie Flooring about the smoke. Council notes that we are in support of our local industries and hopes that this matter can be dealt with. A letter to be prepared and approved by the Mayor. DELEGATION: ED MARKHAM RE: MPAC, TAX RATES, WATER CONSERVATION 1. MPAC AND TAX RATES Mr. Markham requests Council’s intentions regarding the unfair tax system and MPAC. He has been fighting with MPAC over his assessment but wants Council to fight MPAC too. The Mayor noted that the Ombudsman has spoken and improvements will be made. It is unfair that owners do not have the right to access information needing to understand their assessment. Mr. Markham asked if Council has approached MPAC or the government about assessment. The Mayor reported on the gravel pit assessment appeals. The Deputy Mayor noted that the municipality has lobbied the government, supported resolutions from other municipalities. Further, the current government said they will fix the problems, the present system is flawed. Mr. Markham asked if Council would support the Coalition After Property Tax Reform? The Deputy Mayor asked that resolutions of the coalition be brought in and Council will review. 2. WATER CONSERVATION Mr. Markham noted that how sewage charges are applied is ridiculous. With his research, there is no government agency that mandates conservation for this municipality. The Mayor reported that the government supports our approach to water issues. It is good management practises. The government supports the building of a new water treatment plant, they wouldn’t if it wasn’t needed; we have to show that conservation is being addressed. The Administrator noted that the report of Ken Sherritt includes conservation issues. Council needs to review again. Mr. Markham asked what conservation is being used for the non-sewage users? The Mayor noted we would review that issue. Mr. Markham noted he wanted a fair summer water levy, was willing to pay for his water useage but not sewage that are tied to it. The Mayor encouraged Mr. Markham to provide a written submission for Council’s review. SUBJECT: ASPHALT TENDER Council received the following tenders for asphalt and milling: Quote Quote TOTAL QUOTE per tonne 2902 tonne Milling 202 sq. m. plus GST Seal-On Paving $69.02 $200,296.04 $12.00 $2,424.00 $202,720.04 Del-Ko Paving $77.82 $225,833.64 $15.00 $3,030.00 $228,863.64 Huron Construction $62.50 $181,375.00 $25.11 $5,072.22 $186,447.22 April 27/06…Page 5 of 9 RES. NO. 5 Moved by Wiehle Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin accepts the tender of Huron Construction in the amount of $186,447.22 plus GST for 2902 tonne of asphalt and milling of 202 square metres. DISPOSITION: Carried SUBJECT: QUOTES FOR FLUSHING AND CAMERA – SANITARY SEWERS Council received the following quotations for flushing and camera of sanitary sewers: Rodney Rodney West Lorne West Lorne TOTAL Flushing camera flushing camera (plus GST) per metre per metre per metre per metre Benko Sewer Services $1.57 $1.49 $1.57 $2.49 $16,524.00 Braywood Services $1.82 $2.40 $1.55 $2.34 $21,850.00 C.C. Dance Sewer $2.00 $1.50 $2.00 $1.50 $18,900.00 RES. NO. 6 Moved by Mooser Seconded by Wiehle RESOLVED that the Council of the Municipality of West Elgin accepts the quote of Benko Sewer Service in the amount of $16,524.00 plus taxes for flushing and camera – sanitary sewers and that this amount be included in the budget. DISPOSITION: Carried SUBJECT: COMRIF The Mayor reported that Joe Preston, M.P. and Steve Peters M.P.P. announced a grant of $9,797,985.00 grant each for the municipality. This funding represents 90% funding of the approved projects, which includes the construction of water treatment plant and extension of Graham Road watermain. The Mayor expressed thanks and noted that both levels of government recognized the arguments presented regarding the challenges facing rural areas. SUBJECT: WATER DEPARTMENT BUDGET Also in attendance: Water Superintendent The Administrator/Treasurer presented the 2005 budget, 2005 actuals and 2006 budget for the water department. No rate increase is being proposed. The 2006 Capital Projects include the COMRIF grant of $4,814,820 for partial funding of the extension to Queen Street and north on Graham Road. The municipal portion for all the proposed projects is $179,250.00. The Administrator/Treasurer proposes that the reserves for Rodney and West Lorne be combined in 2006. The balance for Rodney is $229.485 and for West Lorne is $217,424.00. RES. NO. 7 Moved by Mooser Seconded by Wiehle RESOVLED that a reserve fund be established for water purposes to be called the West Elgin Water Reserve Fund and that the Rodney and West Lorne Water Reserves be transferred to this new fund and the Surplus Account be also transferred to the new reserve fund. DISPOSITION: Carried April 27/06…Page 6 of 9 SUBJECT: BY-LAW 2006-20 – AUTHORIZE PURCHASE OF LANDS FOR WATER TREATMENT PLANT RES. NO. 8 Moved by Mooser Seconded by Balint RESOLVED that the mover be granted leave to introduce a By-Law to authorize the purchase of certain lands for the purpose of the installation of a water treatment plant and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 9 Moved by Mooser Seconded by Bodnar RESOLVED that a By-law to authorize the purchase of certain lands for the purpose of the installation of a water treatment plant be now read a third time and finally passed, signed, sealed and numbered By-law Number 2006-20 – Purchase of land for water treatment plant DISPOSITION: Carried SUBJECT: BY-LAW 2006-21 – AUTHORIZE AGREEMENT WITH MPAC RE: ONTARIO PARCEL LICENSE RES. NO. 10 Moved by Balint 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 Municipal Property Assessment Corporation for the use of OPMA assessment mapping data products and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 11 Moved by Wiehle Seconded by Balint RESOLVED that a By-law to authorize the execution of an agreement between the Corporation of the Municipality of West Elgin and the Municipal Property Assessment Corporation for the use of OPMA assessment mapping data products be now read a third time and finally passed, signed, sealed and numbered By-law Number 2006-21 – Ontario Parcel License Agreement DISPOSITION: Carried SUBJECT: BY-LAW 2006-22 – AUTHORIZE AGREEMENT FOR POLICE SERVICES RES. NO. 13 Moved by Wiehle Seconded by Balint RESOLVED that the mover be granted leave to introduce a By-Law to authorize the execution of an agreement between the Ministry of Community Safety and Correctional Services of Ontario and the Municipality of West Elgin for the provision of police services under Section 10 of the Police Services Act, and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 14 Moved by Mooser Seconded by Wiehle RESOLVED that a By-law to authorize the execution of an agreement between the Ministry of Community Safety and Correctional Services of April 27/06…Page 7 of 9 Ontario and the Municipality of West Elgin for the provision of police services under Section 10 of the Police Services Act, be now read a third time and finally passed, signed, sealed and numbered By-law Number 2006-22 – Police Services Contract DISPOSITION: Carried SUBJECT: CONTRACT FOR 1000 OFFICERS PARNTERSHIP PROGRAM RES. NO. 15 Moved by Balint Seconded by Bodnar RESOLVED that the Council of the Corporation of the Municipality of West Elgin is in favour of entering into a contract with the Ministry of Community Safety and Correctional Services for the Safer Communities – 1,000 Officers Partnership Program. And further that the Chair of the Police Services Board and the CAO of Elgin County are authorized to sign the agreement and necessary documents. DISPOSITION: Carried SUBJECT: GRANT APPLICATIONS FOR POLICE SERVICES RES. NO. 16 Moved by Wiehle Seconded by Mooser RESOLVED that the Council of the Corporation of the Municipality of West Elgin authorize the Chair of the Police Services Board and the CAO of Elgin County are authorized to sign grant applications for police services on our behalf. DISPOSITION: Carried SUBJECT: LIVESTOCK CLAIM RES. NO. 17 Moved by Mooser Seconded by Wiehle RESOLVED that the Council of the Municipality of West Elgin approves payment of the livestock claim of Darryl Swain for three calves killed by coyotes valued at $1,582.50. DISPOSITION: Carried SUBJECT: GRUB SPRAYING The Administrator/Treasurer reported that the one contractor has indicated that chemicals to control the white grubs in Miller Park must be ordered as soon as possible. Unfortunately, the Recreation Superintendent has only been able to obtain one quotation. The Mayor asked that the Recreation Superintendent provide further information on the product, regulations and alternatives explored. It is suggested that Council approve an upset limit and the Recreation Superintendent continue to get quotes. RES. NO. 18 Moved by Balint Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin authorizes the expenditure to a maximum of $10,6 00.00 for the spraying for the control of white grubs on 24 acres of municipal property. DISPOSITION: Carried April 27/06…Page 8 of 9 SUBJECT: UNCOLLECTIBLE WATER ACCOUNTS RES. NO. 19 Moved by Wiehle Seconded by Mooser RESOLVED the balance on the following accounts be written off as uncollectible: 001006232 $ 955.01 001066241 $ 69.56 001066257 $ 25.00 001066261 $ 69.56 $1119.13 DISPOSITION: Carried SUBJECT: CLOSED SESSION RES. NO. 20 Moved by Balint Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin adjourn to a closed session to receiving of advise that is subject to solicitor-client privilege. DISPOSITION: Carried RES. NO. 21 Moved by Mooser Seconded by Wiehle RESOLVED that the Council of the Municipality of West Elgin do now rise. DISPOSITION: Carried SUBJECT: MILEAGE RATES Councillor Mooser enquired if Council would consider increasing the mileage rates due to the increase in cost of gas. Council noted that this was discussed in January and determined at that time not to change the rate. However, staff were instructed to survey the County, Dutton/Dunwich, Chatham/Kent and Southwest Middlesex for their rates and report back to Council SUBJECT: DISPOSAL OF BUILDING DEMOLITION MATERIALS. The Deputy Mayor noted he had received an enquiry regarding the disposal of demolition materials of Lashbrook buildings. It was suggested that Sam Kirschner was taking the materials to our landfill. The Mayor reported that Sam does not do this; he has watched him and discussed this issue with him previously. Sam takes concrete elsewhere. SUBJECT: GARBAGE ON ROADS The Deputy Mayor asked if the municipality had a littering by-law. The Administrator reported that in the past the OPP have ticketed but need an eyewitness and license number. Legislation may have changed and staff was asked to investigate. SUBJECT: CONFIRMATION BY-LAW RES. NO. 22 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 April 27, 2006 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried April 27/06…Page 9 of 9 RES. NO. 23 Moved by Wiehle Seconded by Mooser RESOLVED that a By-law to confirm the proceedings of the meeting of Council held on April 27, 2006 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2006-23 – Confirming By- law April 27 2006. DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 24 Moved by Balint Seconded by Bodnar RESOLVED that this Regular Meeting of Council shall adjourn at 4:30 p.m. to meet again on May 11, 2006. DISPOSITION: Carried th These minutes were adopted on May 11 2006. ___________________________ _______________________________ MAYOR CLERK