January 12, 2006 Regular Meeting
M I N U T E S
OF THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGIN
WEST ELGIN COUNCIL CHAMBERS
TH
JANUARY 12, 2006
MEMBERS PRESENT: Mayor Graham Warwick, Deputy Mayor Bernie Wiehle
Councillors Trudy Balint, Mary Bodnar, Mike Mooser
STAFF PRESENT: Joanne Groch Administrator/Treasurer/
Deputy 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 Bodnar
Seconded by Wiehle
RESOLVED that the minutes of the meetings held on the following dates
be adopted as printed and circulated.
December 7, 2005 Council
December 22, 2005 Special Session
DISPOSITION: Carried
SUBJECT: ROADS REPORT
The Road Superintendent presented the monthly report. Councillor Mooser questioned
why the float isn’t being used to move the backhoe around. The Superintendent advised
that the float is used for moving the backhoe but it depends on who is available to drive
the float and the distance it is being moved. There was discussion on where the trucks
are parking at the CHC. Paul is to continue to monitor this. The Mayor advised that a
County Western event is being planned for this summer in West Lorne and area. There
has been a question from the organizing Committee on the use of the unopened road
allowance for recreational purposes i.e. horse trail. Paul is to get further information on
this.
SUBJECT: FEDERAL GAS TAX MONIES
The Road Superintendent presented a written report for use of the Federal Gas Tax
monies allocated to West Elgin. Improvements to Marsh Line for 2006/2007 would total
$195,000.00. Council approved of this project and it will be considered during budget
deliberations.
SUBJECT: RECREATION REPORT
The Recreation Superintendent presented his monthly report. There was discussion on
the hydro services at Rodney Park. Jeff is looking into this and will have discussions
with the Fair Board.
January 12, 2006…Pg 2 of 11
SUBJECT: PAINTING OF WEST ARENA WALL
Council received a written request from Charlie Cronkite to have the high school
students paint a Remembrance Day theme(s) on the west wall at the Arena. The only
cost would be for the paint.
RES. NO. 2 Moved by Balint
Seconded by Bodnar
RESOLVED that the Council of the Municipality of West Elgin approve of
the painting of the west wall of the arena with a Remembrance Day theme
subject to the approval of the Arena Board.
DISPOSITION: Carried
SUBJECT: QUOTES - MILLER PARK – FENCING
At the Recreation Committee meeting on December 7, 2005 the following quotes were
received for fencing the compound around the shop and the playground equipment in
Miller Park:
Rukus Fence $ 6923.16 – incl. gst
Simpson Fence $ 6443.07 – incl. gst
Dave Lilley & Son Excavating $ 5246.00 (only the playground equipment) + gst
RES. NO. 3 Moved by Balint
Seconded by Bodnar
RESOLVED that the Council of the Municipality of West Elgin accepts the
quote of Simpson Fence in the amount of $6,208.47 plus gst for the
installation of fencing around the shop and playground equipment in Miller
Park.
DISPOSITION: Carried
SUBJECT: BUILDING
The Chief Building Official was not in attendance. Council reviewed his monthly reports
for December 2005 and Year End 2005. In December, nine permits were issued
totalling $ 1,809,107.00 worth of construction.
SUBJECT: BY-LAW 2006-01 – WATER & SEWER RATES
RES. NO. 4 Moved by Balint
Seconded by Bodnar
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. 5 Moved by Mooser
Seconded by Wiehle
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 2006-01– Water & Sewer Rates
DISPOSITION: Carried
January 12, 2006…Pg 3 of 11
SUBJECT: BY-LAW 2006-02 – TILE DRAIN RATING BY-LAW (WIEHLE)
RES. NO. 6 Moved by Bodnar
Seconded by Balint
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. 7 Moved by Balint
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 2006-02 – Tile Drain Rating By-law (Wiehle)
DISPOSITION: Carried
SUBJECT: WATER REPORT
The Water Superintendent presented his monthly report. Lloyd advised that he is
working on the Queen Street east and west waterlines. He is also setting up the
procedures for the Backflow Prevention By-law.
SUBJECT: CORRESPONDENCE
1.* Town of Halton Hills – request for support of a resolution regarding whether
MPAC valuing properties is fair and transparent
Instruction:
RES. NO. 8 Moved by Mooser
Seconded by Wiehle
RESOLVED that the Council of the Municipality is in support of a
resolution put forth by the Town of Halton Hills that fully supports the
efforts of the Ombudsman of Ontario in the review of the fairness and
transparency of the property assessment system as administered by the
Municipal Property assessment Corporation.
DISPOSITION: Carried
2.* City of Brampton – request for support of a resolution regarding school crossings
Instruction: File
RES. NO. 9 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 City of Brampton that Bill 169, Section 27(3) be
further amended or Section 176(3) of the Highway Traffic Act, RSO 1990
be amended to require the driver of a vehicle to remain stopped until all
the children and the school crossing guard in the crossing have cleared
the roadway.
DISPOSITION: Carried
3.* Town of Essex – request for support of a resolution regarding municipal liability
insurance
Instruction:
January 12, 2006…Pg 4 of 11
RES. NO. 10 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 Town of Essex and hereby petitions the
Province of Ontario to amend the Negligence Act so that only where a
Municipality is found to be at least 50% liable would the full claim be paid.
DISPOSITION: Carried
4.* Township of Severn – request for support of a resolution regarding Canadian
Heritage Museums – tax classes
Instruction: File
5.* Township of South Algonquin – request for support of a resolution regarding
moratorium on assessment increases
Instruction: File
6. Lower Thames Valley Conservation Authority – 2006 budget
Instruction: File
7* City of Port Colborne – request for support of a resolution regarding property tax
and assessment issues
Instruction:
RES. NO. 11 Moved by Wiehle
Seconded by Mooser
RESOLVED that Council of the Municipality of West Elgin is in support of a
resolution put forth by the City of Port Colborne and requests the Province
of Ontario to provide relief and remedy for working families and seniors
who are hardest hit by unacceptable spikes in the cost of living and by the
likely property tax increases to come; and
THAT the Province of Ontario be requested to end its downloading of
provincial programs and the use of municipal property tax dollars for the
subsidization of provincial health and social service programs; and
THAT the Province of Ontario be urged to work with the Association of
Municipalities of Ontario to develop a plan to begin the immediate
uploading of provincial program costs back to where they belong to be
funded through provincial revenues.
DISPOSITION: Carried
8.* City of Sarnia – request for support of a resolution regarding MPAC assessment
values
Instruction: File
9.* The Nation Municipality – request for support of a resolution regarding gas tax
allocation
Instruction: File
10.* CN- sale of railway line
Instruction: contact M. Beaudry re Rodney Park & ask about West Lorne Park
11.* City of Kwartha Lakes – request for support of a resolution regarding municipal
water and wastewater rates
Instruction: File
12.* Rodney Aldborough Agricultural Society – Annual meeting
Instruction: Council members to notify individually
January 12, 2006…Pg 5 of 11
13.* MOE – funding available for technical studies
Instruction:
RES. NO. 12 Moved by Mooser
Seconded by Balint
RESOLVED that OCWA – PDG prepare an application for funding for
Technical Studies re source protection.
DISPOSITION: Carried
14.* Mr. & Mrs. A. Hrabinski – motocross track on Marsh Line
Instruction: File
15.* Cohen Highley LLP – seminar
Instruction: Graham, Mike, Trudy, Mary to attend
16.* City of St. Thomas – information session on affordable housing
Instruction: File
17.* Town of Niagara-on-the-Lake – – request for support of a resolution regarding the
report of the Water Strategy Expert Panel
Instruction: File
18.* CN Watson – Gary Scandlan – copies of responses to the Water Expert Panel
from the Union Water Board and Centre Wellington
Instruction:
RES. NO. 13 Moved by Balint
Seconded by Wiehle
WHEREAS the Safe Drinking Water Act and the Sustainable Water and
Sewage Systems Act are in the process of implementation and regulations
are still forthcoming;
AND WHEREAS the Municipality of West Elgin has concerns with a
number of recommendations in the Watertight Report more specifically
with the structure, governance and operational changes proposed;
AND WHEREAS other municipalities have indicated their concerns with
the recommendations in the report;
NOW THEREFORE BE IT RESOLVED that the Council of the Municipality
of West Elgin requests the government to not move forward with the
recommendations outlined in the Watertight Report.
DISPOSITION: Carried
18a* Fisheries & Oceans – shoreline stabilization WTP - approval
Instruction: File – Refer to discussion later in meeting
19. AMO - Canada-Ontario Immigration Agreement
recognizes municipal interests
Environment Canada accepting applications for funding under
-
invasive alien species program
Government introduces Source Protection Bill
-
Provincial auditor releases report on land ambulance
-
*Bill 123 Transparency in public Matters Act recommended for
-
rd
3 reading
MMAH introduces amendments to Planning Act & OMB
-
nd
OMERS Bill 206 receives 2 reading
-
Legislation relating to municipal governments
-
Updates on meetings with Provincial ministries
-
January 12, 2006…Pg 6 of 11
19. AMO cont - Ministry announces funding for land ambulance and long- term
care equipment
AMO’s proposal for integrated provincial waste management
-
strategy now online
Instruction: File
20. Federation of Canadian Municipalities
First FCM technical mission to Sri Lanka in progress
-
Apply for awards honouring excellence in Municipal Service
-
Delivery
*National election & municipal issues – Dec 20 & Jan 5th
-
Instruction: File
21. Lower Thames Valley Conservation Authority - Minutes
Instruction: File
22. Ontario Growth Secretariat – Proposed Growth plan for the Greater Golden
Horseshoe released for public comment
Instruction: File
23.* Elsie Sim – 146 Chestnut Street
Instruction: File
24. MOE – Clean Water Act, 2005 introduced in legislature
Instruction: File
25. Elgin Group Police Services Board – Detachment Commander’s Report –
September – November 2005
Instruction: File
26. OGRA – Nominating Committee Report
Instruction: File
27.* Minister of MMAH – John Gerretsen – legislation passed
Instruction: File
28. County of Elgin – New Warden is Mayor Paul Baldwin - Aylmer
Instruction: File
29. John Yakabuski, MPP – Second Reading – Legislation to provide rebate of gas
tax to any municipality in Ontario
Instruction: File
30. Elgin Stewardship Council – copy of Elgin Landscape Strategy
Instruction: File
31. Ontario Small Urban Municipalities – 2006 conference
Instruction: File
32.* John Tory, MPP – Leader of the Opposition – voting against Bill 37 – The
Taxpayer Protection Act
Instruction: File
33.* Ernie Hardeman, MPP – not supporting Bill 206, OMERS devolution
Instruction: File
January 12, 2006…Pg 7 of 11
34.* Hydro One Networks Inc. – newsletter & grants available to homeowners with
electric heating
Instruction: File
35. Communities in Bloom – 2006 program application
Instruction: File
36. County of Elgin Land Division Committee – applications granted
?
Thamesville Auto Supply Ltd.
?
1079245 Ontario Limited (Ossel)
?
Robert & Esther Wright
Instruction: File
37. Ministry of Citizenship & Immigration – Ontario Volunteer Service Awards
Program
Instruction: File
th
38. Elgin Group Police Services Board – Minutes of December 7 meeting
Instruction: File
39.* Minister of Municipal Affairs & Housing – Bill 206 OMERS devolution
Instruction: File
40. Township of Dawn-Euphemia – support Ridership Growth Plan
Instruction: File
41. Village of Newbury – do not support growth strategy
Instruction: File
RES. NO. 14 Moved by Balint
Seconded by Bodnar
RESOLVED that the correspondence be dealt with as per the instructions
of Council as noted.
DISPOSITION: Carried
SUBJECT: BANK STABILIZATION AT WTP/DFO REQUIREMENTS
Deputy Mayor Wiehle reported that he had met with John Langan of Stantec Consulting
Ltd. and members of the Nature Club – Bruce Swain and Bill Prieksaitis regarding the
areas for development of the pond as required by DFO. There are funds available
through Ducks Unlimited and the Wetland Rehabilitation Fund for planting of grasses
etc.. Stantec had provided Council with three alternatives for an area to construct the
pond.
RES. NO. 15 Moved by Wiehle
Seconded by Mooser
RESOLVED that council approved the use of municipal property at 16 Mile
Creek to meet the requirements of the DFO re creation of wetland area of
125 sq.m. with the specific location to be approved by Council.
DISPOSITION: Carried
RES. NO. 16Moved by Wiehle
Seconded by Mooser
RESOLVED that Stantec consulting be requested to begin preliminary
investigations on DFO requirements re slope stabilization at WTP and that
this resolution be forwarded to the Tri County Management Committee.
DISPOSITION: Carried
January 12, 2006…Pg 8 of 11
DELEGATION: YOUTH ACTION COMMITTEE
Mayor Warwick welcomed the delegation of 24.
Brittany Jewell and Justin Regnier were the spokespersons for the “Centre Ice Teen
Centre” delegation. A Trillium Grant has been received. The Youth Centre presently
meets at the Community Health Centre. They were hoping for more interest from the
high school students but they are not interested in coming to the Health Centre. They
are looking for an off site location to have their meetings and activities. They have been
meeting for a year and a half to get the centre going. Various activities include sports,
movie nights, and dances. They have applied for another Trillium Grant but they haven’t
received approval yet. Currently 5 students are meeting once a week. They requested
funding assistance for their programs and also use of an off site location such as the
Scout Hall which is close to the school.
Mayor Warwick stated that West Elgin owns the Scout Hall but the Optimists take care
of it. Doug Staddon, President and Dorothy Staddon of the West Lorne Optimists were
present to discuss the use of the Scout Hall. Doug advised that the Optimist sponsor the
cubs and scouts in West Lorne and are involved with the teen group. One of their
members is a liaison with the Scouts and that is how the booking is done. There is some
use of the building by other groups and it would have to be scheduled. The main
concern with the Scouts is that they need an area for drying their tents. Jeff Slater the
Recreation Superintendent was present and indicated that an area could be found to dry
their tents.
Councillor Balint stated that there would be adult supervision for the drop in centre.
Mayor Warwick advised that they should submit a Financial Report and budget for
Council’s consideration.
Monica Pelcz stated that she and Eugene Swain that are Co Chairs for the Youth Action
Committee for Centre Ice. They are looking at the structure and having sustainability for
the centre. There is support for the youth from this Committee.
Principal Larry Schneider indicated that enrolment is at an all time high. With that many
youth in the community they are not all oriented towards organized sports, cadets or 4-H
groups. It is wonderful that there is representation from so many agencies that are
interested in making this happen.
A petition was submitted that requested community support for a local Youth Centre. A
letter of support was also received from Tracy Grant and Peter Jocius Co-chairs for the
WESS Council.
Mayor Warwick thanked everyone for coming and making their views known to Council.
After the delegation left, Council had discussions with Doug Staddon regarding the
renewal of the agreement for use of the Scout Hall. The Administrator advised that the
agreement is with the Scouts and not the Optimists. Doug will have John Eagleson
contact the municipality so that Council can pursue discussions with the Scouts.
SUBJECT: ACCOUNTS
RES. NO. 17 Moved by Mooser
Seconded by Wiehle
RESOLVED that the Mayor and Administrator/Treasurer be and they are
hereby authorized to sign Payment Voucher #1 amounting to $331,756.82
in settlement of General, Road, Water and Arena Accounts (including
cheques –14272-14401)
DISPOSITION: Carried
January 12, 2006…Pg 9 of 11
SUBJECT: MINUTES
*West Elgin Arena Board – December 19, 2005
*West Elgin Recreation Committee – December 7, 2005
SUBJECT: RIDERSHIP GROWTH PLAN & ASSET MANAGEMENT PLAN
FOUR COUNTIES TRANSPORTATION SERVICES
RES. NO. 18 Moved by Balint
Seconded by Mooser
RESOLVED that the Council of the Municipality of West Elgin supports the
Ridership Growth Plan and Asset Management Plan for Four Counties
Transportation Services as outlined in the December 2005 report.
DISPOSITION: Carried
SUBJECT: TENDERS – RESCUE VEHICLE – WEST LORNE FIRE DEPARTMENT
The purchase of a new rescue vehicle was included in the 2005 budget but the tenders
were not received until the end of December. The low tender is within the 2005
approved budget and Council may proceed with this prior to the 2006 budget approvals.
The following tenders were received for the purchase of a new 14’ non walk-in fire
department rescue vehicle:
Thibault & Associates $219,960.00
Carrier Emergency Equipment $237,500.00
ResQtech Systems Inc. $215,000.00
RES. NO. 19 Moved by Mooser
Seconded by Balint
RESOLVED that the Council of the Municipality of West Elgin accepts the
tender of ResQtech in the amount of $215,000.00 plus taxes for the
purchase of a new fire truck.
DISPOSITION: Carried
SUBJECT: RESERVES
RES. NO. 20 Moved by Wiehle
Seconded by Bodnar
WHEREAS Resolution No. 4 was passed on April 28, 2005;
AND WHEREAS the resolution refers to a “reserve fund”;
NOW THEREFORE BE IT RESOLVED that Resolution No. 4 on April 28,
2005 be amended by deleting the reference to a “reserve fund” and the
resolution be as follows:
RESOLVED that a reserve be established for Tax Rate Stabilization in the
amount of $339,000.
DISPOSITION: Carried
January 12, 2006…Pg 10 of 11
RES. NO. 21 Moved by Mooser
Seconded by Wiehle
WHEREAS the following projects were budgeted for in 2005 and were not
completed during the year and,
WHEREAS it is proposed that the projects will be proceeded with in the
2006 budget,
NOW THEREFORE BE IT RESOLVED that the Council of the Municipality
of West Elgin establish reserves for 2005 as follows:
West Lorne Fire Truck $105,000.00
Fire Reserve- General $ 50,000.00
Economic Development $ 17,447.00
Roads General $125,000.00
Munroe Street $ 10,000.00
DISPOSITION: Carried
RES. NO. 22 Moved by Bodnar
Seconded by Balint
WHEREAS an agreement has been signed with AMO as per By-law 2005-
94 re the transfers of Federal Gas Tax monies;
AND WHEREAS a Letter of Agreement has been signed with the
Provincial Government re Dedicated Gas Tax Funds for the Public
Transportation Program as per By-law 2004-84;
NOW THEREFORE BE IT RESOLVED that the Council of the Municipality
of West Elgin establish a reserve for 2005 as follows:
Federal Gas Tax $53,272.27
Provincial Gas Tax any unexpended amount
DISPOSITION: Carried
SUBJECT: CLOSED SESSION
RES. NO. 23 Moved by Balint
Seconded by Bodnar
RESOLVED that the Council of the Municipality of West Elgin adjourn to a
closed session to discuss personal matters about an identifiable individual.
DISPOSITION: Carried
RES. NO. 24 Moved by Mooser
Seconded by Wiehle
RESOLVED that the Council of the Municipality of West Elgin do now rise
and report.
DISPOSITION: Carried
SUBEJCT: 2006 REMUNERATION
RES. NO. 25 Moved by Wiehle
Seconded by Mooser
RESOLVED that the Administrator receive overtime pay for overtime hours
worked while the Clerk is on short-term disability.
DISPOSITION: Carried
RES. NO. 26 Moved by Balint
Seconded by Bodnar
RESOLVED that Council approve a 3% cost of living increase for all
employees.
DISPOSITION: Carried
January 12, 2006…Pg 11 of 11
RES. NO. 27 Moved by Balint
Seconded by Bodnar
RESOLVED that the Foreman receive $120.00 per week for a 16 week
period from mid November to mid March of each year while on standby.
Bodnar yes Wiehle yes
Balint yes Warwick yes
Mooser no
DISPOSITION: Carried
RES. NO. 28 Moved by Balint
Seconded by Bodnar
RESOLVED that Council approve an adjustment of wages for the Deputy
Treasurer to more equally reflect her responsibilities.
Bodnar yes Wiehle no
Balint yes Warwick yes
Mooser no
DISPOSITION: Carried
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 January 5 & 12,
2006 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 January 5 & 12, 2006 be now read a third time and finally
passed, signed, sealed and numbered By-law Number 2006-03 –
Confirming By-law January 5 & 12 2006.
DISPOSITION: Carried
SUBJECT: ADJOURNMENT
RES. NO. 31 Moved by Balint
Seconded by Bodnar
RESOLVED that this Regular Meeting of Council adjourn at 4:40 p.m. to
meet again on January 26, 2006.
DISPOSITION: Carried
th
These minutes were adopted on the 9 day of February, 2006.
___________________________ ____________________________
Mayor Clerk