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May 11, 2006 Regular Meeting M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS TH MAY 11, 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 Paul VanVaerenbergh Roads Superintendent Lloyd Jarvis Water Superintendent Janet Johnston Deputy Treasurer DECLARATION OF PECUNIARY INTEREST: Councillor Balint declared a pecuniary interest with Correspondence item #14. SUBJECT: MINUTES RES. NO. 1 Moved by Balint Seconded by Bodnar RESOLVED that the minutes of the meetings held on the following dates be adopted as printed and circulated. April 13, 2006 Council April 13, 2006 Committee of Adjustment (Bechard) April 20, 2006 Special Session April 27, 2006 Council DISPOSITION: Carried SUBJECT: ROADS REPORT The Road Superintendent presented the monthly report. He reported on a problem with ditching where hydro poles are close to edge of road and the height of a gas line, they are investigating with Hydro and Gas companies. Councillor Bodnar reported that there would be no truck parking on the lot behind the th Community Health Centre on July 29 for the Cactus, Cowboys and Cattle event. Notices will be posted and given to truckers by the committee. The Road Superintendent reported that there is no official warning sign for deaf or blind. SUBJECT: RECREATION REPORT The Recreation Superintendent presented the monthly report. SUBJECT: WHITE GRUB CONTROL The Recreation Superintendent presented a report on control of white grubs in Miller Park. During a walk-about by the Recreation Committee it was evident there is a lot of damage from grubs. The Mayor asked if it was at infestation level? Councillor Balint brought forward a ratepayer concern about the residual effect of the spray. Can we only May 11, 2006…Pg 2 of 12 spray spots? The Recreation Superintendent noted that only one soccer field does not need attention. Councillor Mooser recommended 72 hours non-use instead of 48 hours. Council agreed with this suggestion. SUBJECT: WEST LORNE ARENA RENTAL AGREEMENT The West Lorne Fire Department has requested a change to the 11:00 pm. no entry policy for the West Elgin Arena. The problem is with smoking not allowed in arena and patrons arriving at the event after 11:00 p.m. It was suggested that a one-time exemption be allowed and monitored. Further, it would be the responsibility of the lessee to have all patrons identified (eg. Bracelets). RES. NO. 2 Moved by Wiehle Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin agrees to the change in clause 16 of the West Elgin Arena rental agreement to read as follows: No patrons will be allowed entry or re-entry into any function after 12:00 a.m. (midnight). Further, it is the responsibility of the lessee to identify ALL patrons at the function to allow re-entry of patrons into the function. That this exemption applies to the event on June 30, 2006 only. DISPOSITION: Carried SUBJECT: BY-LAW ENFORCEMENT REPORT The By-law Enforcement Officer was not in attendance. Council reviewed the monthly report. SUBJECT: WATER REPORT The Water Superintendent presented his monthly report. The Administrator reported that for the COMRIF projects, OCWA PDG, Stantec and Spriet are considered engineers of record and can proceed. Modelling study needs to be done to determine size, etc. for the Graham Road watermain extension. It was reported that Queen Street could proceed when the certificate of approval is received. SUBJECT: SEWAGE WRITE-OFF – 147 QUEEN STREET Council reviewed correspondence from Susan Brooks requesting the waiving of sewage fees for 147 Queen Street. There was a high water useage for September 2005, which she feels, didn’t go through the system in the house. Everything has been normal since then. RES. NO. 3 Moved by Mooser Seconded by Balint RESOLVED that Council authorize the write-off of the sewage charge for 147 Queen Street in the amount of $464.16 (account no. 001-026503). DISPOSITION: Carried SUBJECT: DRAINAGE APPORTIONMENT – WILTON DRAIN #2 (109245 ONT. LTD) RES. NO. 4 Moved by Mooser Seconded by Wiehle RESOLVED that the Council approves the agreement on share of drainage assessment on the Wilton Drain #2 as requested by 1079245 Ont. Ltd. under Section 65 (6) of the Drainage Act. May 11, 2006…Pg 3 of 12 Original Assessment New Assessment Concession 8 Pt. Lot 9 14.16HA 13.91 HA 0.25 HA Benefit - $0 Benefit - $0 Benefit -$0 Outlet - $19.00 Outlet - $14.00 Outlet - $5.00 DISPOSITION: Carried SUBJECT: DRAINAGE APPORTIONMENT – HILL DRAIN (THAMESVILLE AUTO SUPPLY) RES. NO. 5 Moved by Mooser Seconded by Bodnar RESOLVED that the Council approves the agreement on share of drainage assessment on the Hill Drain as requested by Thamesville Auto Supply under Section 65 (6) of the Drainage Act. Original Assessment New Assessment Concession 8 Pt. Lot 11 33.13 HA 33.07 HA 0.23 HA Benefit - $0 Benefit - $0 Benefit -$0 Outlet - $1419.78 Outlet - $1409.78 Outlet - $10.00 DISPOSITION: Carried SUBJECT; REQUEST FOR DRAIN MAINTENANCE (DAN PEROVICH) RES. NO. 6 Moved by Wiehle Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin accepts the drainage Petition from Dan Perovich for drainage work on Concession 12, Part Lot 20, under Section 78 of the Drainage Act. DISPOSITION: Carried SUBJECT: UNFINISHED BUSINESS 1.* Ontario Federation of Anglers and Hunters – request to reconsider support for th Sunday hunting, deferred from April 13 meeting Instruction: File 2.* Hickory Grove Investments Inc. – correspondence dated April 9, 2006, deferred th from April 27 meeting. Instruction: File 3.* Hickory Grove Investments Inc. – correspondence dated April 11, 2006, deferred th from April 27 meeting. Instruction: File SUBJECT: CORRESPONDENCE 1.* Township of King – request for support of a resolution regarding Canada Post. Instruction: RES. NO. 7 Moved by Bodnar Seconded by Balint RESOLVED that Council of the Municipality of West Elgin is in support of a resolution put forth by the Township of King regarding the delivery of mail in rural areas by Canada Post. DISPOSITION: Carried May 11, 2006…Pg 4 of 12 2.* Rodney Aldborough Agricultural Society – request for support of beer garden for Fall Fair Instruction: RES. NO. 8 Moved by Mooser Seconded by Wiehle RESOLVED that the Council of the Municipality of West Elgin gives approval to the Rodney Aldborough Agricultural Fair to hold a “Beer Garden” in a fenced off area at the north end of the grandstand on September 15th, 2006 from 7:00 p.m. to 12:00 a.m. DISPOSITION: Carried 3.* Rodney Aldborough Agricultural Society – request for support of Fall Fair parade. Instruction: RES. NO. 9 Moved by Bodnar Seconded by Balint RESOLVED that Council of the Municipality of West Elgin supports the request of the Rodney Aldborough Agricultural Society to close Furnival Road from Victoria Street to Queen Street and Queen Street from Furnival Road to Third Street on Saturday September 16, 2006 from 12 noon to 1:00 p.m. DISPOSITION: Carried 4.* Coalition for Small Schools – thank you for financial support for attendance at The Ontario Rural Conference. Instruction: File 5.* West Elgin Citizens’ Group for Rural Education – thank you for financial support for attendance at The Ontario Rural Conference Instruction: File 6.* MPAC – response to Ombudsman report Instruction: File 7.* Waste Diversion Ontario – 2006 Blue Box funding Instruction: File 8.* Township of South Algonquin – request for support of a resolution regarding Current Value Assessment. Instruction: File 9.* Global Mission to Rescue Falun Gong practitioners – request to cosign letter to Prime Minister and Minister of Foreign Affairs. Instruction: File 10.* West Elgin South Aldborough Neighbourhood Watch – request to waive fees for th use of West Elgin Recreation Centre on July 15, 2:00 to 9:00 pm. Instruction: RES. NO. 10 Moved by Balint Seconded by Wiehle RESOLVED that the Council of the Municipality of West Elgin authorize the waiving of rental fees for the use of the West Elgin Recreation Centre on July 15th, 2006 for the Neighbourhood Watch Committee to hold their annual picnic. DISPOSITION: Carried May 11, 2006…Pg 5 of 12 11.* County of Prince Edward – request for support of a resolution regarding farm income crisis Instruction: File 12.* Township of Hamilton – request for support of a resolution regarding fair and profitable price for Canadian grains for ethanol production Instruction: RES. NO. 11 Moved by Mooser Seconded by Bodnar RESOLVED that Council of the Municipality of West Elgin supports the resolution put forward by the Township of Hamilton regarding a fair and profitable price for Canadian grains for ethanol production. DISPOSITION: Carried 13.* County of Frontenac – request for support of a resolution regarding Employment Standards Act and paramedics Instruction: File Councillor Balint declared a conflict of interest with the following item and did not participate in any discussion thereon. 14.* #2884 West Elgin Army Cadet Corps – request for payment of rental fees for use of West Elgin Arena on June 3, 2006 Instruction: RES. NO. 12 Moved by Bodnar Seconded by Wiehle RESOLVED that Council of the Municipality of West Elgin authorize the payment of our share of rental fees for the use of the West Elgin Arena on rdth June 3, 2006 for the 4 Annual Inspection of the West Elgin Army Cadet Corps. DISPOSITION: Carried 15.* Town of Newmarket – request for support of a resolution regarding full gas station service to patrons having special needs Instruction: RES. NO. 13 Moved by Bodnar Seconded by Mooser RESOLVED that Council of the Municipality of West Elgin is in support of a resolution put forth by the Town of Newmarket regarding accessibility to a full range of services and facilities at full services gas stations. DISPOSITION: Carried 16.* Tiny Tots Co-operative Nursery School – enter a team for Celebrity Ride on May th 27, 2006 Instruction: Deputy Mayor Wiehle and his spouse will participate 17.* West Elgin Community Health Centre – request for payment of rental fees for use nd of West Elgin Arena on June 2 for Safety Day for Kids program Instruction: May 11, 2006…Pg 6 of 12 RES. NO. 14 Moved by Wiehle Seconded by Mooser RESOLVED that Council of the Municipality of West Elgin authorize the payment of rental fees for the use of the West Elgin Arena on June 2, 2006 from 10:00 a.m. to 2:00 p.m. for the Safety Days for Kids event. DISPOSITION: Carried 18.* Township of South Stormont – request for support of a resolution regarding long term financial support for farmers Instruction: File 19.* John Trybel – closure of Rodney Moto Valley riding track Instruction: File 20.* Susan Brooks – request to waive sewage fees Instruction: see discussion above 21.* West Elgin Family Recreation Leisure Fair – request to waive fees for use of Recreation Centre on February 28, 2007 Instruction: RES. NO. 15 Moved by Bodnar Seconded by Wiehle RESOLVED that the Council of the Municipality of West Elgin authorize the waiving of rental fees for the use of the West Elgin Recreation Centre on February 28, 2007 from 5:00 to 9:00 p.m. for the West Elgin Family Recreation DISPOSITION: Carried 22.* West Lorne Horticultural Society – 2006 grant request Instruction: File 23. AMO - Throne speech offers hard work to get results: fiscal imbalance a priority Announcement relate to energy - Lobby federal government on the Early Learning and Child Care - agreement Announce approval of COMRIF “Intake Two” projects - Reminder of 2006 AMO conference - 2006 federal budget will help Ontario municipalities - public health capacity review committee releases final report - request for nominations to Board of Directors - Instruction: File 24. Federation of Canadian Municipalities new funding opportunity for brownfield remediation - federal budget good news for municipal government - Instruction: File th 25. Minister Responsible for Seniors – June 15 is World Elder Abuse Awareness Day Instruction: File 26. West Elgin Community Policing Committee – minutes of the meeting held on March 8, 2006 Instruction: File May 11, 2006…Pg 7 of 12 27. Ministry of Natural Resources – annual wildlife rabies control operations Instruction: File 28. Elgin Group Police Services Board – Detachment Commander’s Report, January – March 2006 Instruction: File 29. Four Counties Health Services Foundation – request for donation for doctor recruitment effort Instruction: File 30. Lower Thames Beacon – January – March 2006 Instruction: File 31. Ministry of Citizenship and Immigration – Lincoln M. Alexander Award Instruction: File 32.* Elgin St. Thomas Health Unit - Invitation to retirement for George Dawson, May th 25. Instruction: Mayor Warwick will represent Council 33. Ministry of Municipal Affairs and Housing – introduction of new Tenant-landlord legislation Instruction: File 34. West Lorne Library Boys Book Club – thank you use of arena Instruction: File 35.* Ministry of Transportation – response regarding school crossing guards Instruction: File 36. The Ontario Flue-Cured Tobacco Growers’ Marketing Board – announcement of agreement Instruction: File 37. Indian and Northern Affairs Canada – National Aboriginal Day Instruction: File 38.* Ministry of Agriculture, Food and Rural Affairs – delegation at OGRA conference Instruction: File 39. Land Improvement Contractors of Ontario – concerns about Clean Water Act Instruction: File 40. Elgin County Land Division Committee – notice of decision E20/06 (Sura) Instruction: File 41. Elgin County Land Division Committee – notice of deferral E19/06 and notice of public meeting Instruction: RES. NO. 16 Moved by Bodnar Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin have the following comments regarding Severance Application E19/06 applied for by Frank and Irene Sura. May 11, 2006…Pg 8 of 12 In accordance with Section 2.1.15 (disposing of a dwelling considered surplus to the needs of the farm) of the Township of Aldborough Official Plan, Council supports application E19/06 subject to the following conditions: Conditions: 1. Subject to rezoning, if required 2. Subject to apportionment of Municipal Drainage assessments 3. Subject to drainage outlet & drainage agreement if required 4. Subject to requirements of the Municipal Road Department regarding access and/or drainage. 5. Subject to no further residential development on the retained agricultural portion. 6. Subject to water and/or sewer connection fees, if applicable 7. That the owner has the necessary review and lot assessment conducted to ensure that it is suitable for the installation of a sewage disposal system. 8. Two copies of the registered reference plan, together with a copy of the said plan showing the locations and dimensions of all buildings and structures, are submitted to the satisfaction of the municipality 9. Taxes to be paid in full And further that Resolution No, 39, passed on April 13, 2006 is hereby repealed. DISPOSITION: Carried 42. Elgin County Land Division Committee – application for consent (Sacher) Instruction: RES. NO. 17 Moved by Balint Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin have the following comments regarding Severance Application E21/06 applied for by August Sacher. In accordance with Section 2.1.15 (disposing of a dwelling considered surplus to the needs of the farm) of the Township of Aldborough Official Plan, Council supports application E21/06 subject to the following conditions: Conditions: 1. Subject to rezoning, if required 2. Subject to apportionment of Municipal Drainage assessments 3. Subject to drainage outlet & drainage agreement if required 4. Subject to requirements of the Municipal Road Department regarding access and/or drainage. 5. Subject to no further residential development on the retained agricultural portion. 6. Subject to water and/or sewer connection fees, if applicable 7. That the owner has the necessary review and lot assessment conducted to ensure that it is suitable for the installation of a sewage disposal system. 8. Two copies of the registered reference plan, together with a copy of the said plan showing the locations and dimensions of all buildings and structures, are submitted to the satisfaction of the municipality 9. Taxes to be paid in full DISPOSITION: Carried 43. Elgin County Land Division Committee – application for consent (637815 Ontario Inc.) Instruction: May 11, 2006…Pg 9 of 12 RES. NO. 18 Moved by Mooser Seconded by Wiehle RESOLVED that the Council of the Municipality of West Elgin have the following comments regarding Severance Application E30/06 applied for by 637815 Ontario Inc. In accordance with Section 2.1.15 (disposing of a dwelling considered surplus to the needs of the farm) of the Township of Aldborough Official Plan, Council supports application E30/06 subject to the following conditions: Conditions: 1. Subject to rezoning, if required 2. Subject to apportionment of Municipal Drainage assessments 3. Subject to drainage outlet & drainage agreement if required 4. Subject to requirements of the Municipal Road Department regarding access and/or drainage. 5. Subject to no further residential development on the retained agricultural portion. 6. Subject to water and/or sewer connection fees, if applicable 7. That the owner has the necessary review and lot assessment conducted to ensure that it is suitable for the installation of a sewage disposal system. 8. Two copies of the registered reference plan, together with a copy of the said plan showing the locations and dimensions of all buildings and structures, are submitted to the satisfaction of the municipality 9. Taxes to be paid in full DISPOSITION: Carried 44. MPAC – 2005 Annual Report and Financial Statements Instruction: File 45. OMERS – 2005 Annual Report Instruction: File 46. Independent First Nations – Mother Earth Water Walk Instruction: File 47. Ministry of Municipal Affairs and Housing – province honours municipal officials Instruction: File RES. NO. 19 Moved by Balint Seconded by Bodnar RESOLVED that the correspondence be dealt with as per the instructions of Council as noted. DISPOSITION: Carried SUBJECT: COURT OF REVISION – GARLICK DRAIN RES. NO. 20 Moved by Bodnar Seconded by Balint RESOLVED that the members of the Court of Revision on the Garlick Drain be as follows: Chairman: Mike Mooser Members: Bernie Wiehle, Trudy Balint, Mary Bodnar, Graham Warwick DISPOSITION: Carried Council recessed to hold a Court of Revision for the Garlick Drain and resumed their meeting thereafter. May 11, 2006…Pg 10 of 12 DELEGATION: EVE DEVINE RE: SIGN FOR VISUALLY IMPAIRED – 154 MAPLE ST., RODNEY Also in attendance: Road Superintendent Ms. Devine reported to Council that she had asked 3 ½ to 4 months ago for a visually impaired sign. The Road Superintendent noted the time was his doing as he had consulted with the County regarding sign regulations. There is no sign under the Ontario Traffic Manual for this case. The Mayor noted that we could put up a sign but it would not enforceable. Ms. Devine said this is a dangerous corner, Maple and Ridout; cars are not stopping at stop sign. There is heavy traffic in the summer when the pool is open. The Mayor noted that we can enforce stop signs; request police to monitor the corner, particularly in the summer. The Deputy Mayor asked if stop block could be marked on the road. The Road Superintendent agreed this could enhance a stop intersection. Council agreed that stop block be done. The Mayor noted that he has a concern about the length of time to reply to this ratepayer. He suggested staff develop a policy regarding complaints, for example call the ratepayer within a specified period of time. Council agreed that a policy should be drafted. The Mayor thanked Ms. Devine for coming and making the community a better place. SUBJECT: ACCOUNTS RES. NO. 21 Moved by Mooser Seconded by Balint RESOLVED that the Mayor and Administrator/Treasurer be and they are hereby authorized to sign Payment Voucher #5 amounting to $424,122.93, in settlement of General, Road, Water and Arena Accounts (including cheques –15027-15216) DISPOSITION: Carried SUBJECT: 2006 BUDGET Also in attendance: Deputy Treasurer The Administrator/Treasurer presented budget for the 2005 budget, 2005 actual and 2006 budget for the following: ? Amended Office supplies ? Amended Miscellaneous Projects ? Amended Grants & Donations ? Interest Income ? Interest Expense ? Report on Investments ? Amended Buildings ? Amended Rodney Collections ? Amended West Lorne Collections ? Amended Recreation ? Amended Water Department ? Amended Drainage ? Amended Economic Development ? Reserves 2006 She reported that the budget results in a decrease in the total tax rate of 5.64% for residential/farm to 5.77% decrease for commercial. The municipal tax rate has been reduced by 2.3%. May 11, 2006…Pg 11 of 12 SUBJECT: TRI COUNTY CAPITAL RESERVE FUND RES. NO. 26 Moved by Bodnar Seconded by Wiehle RESOLVED that the Tri County Water Surplus be transferred to the Tri County Capital Reserve Fund on an annual basis beginning in 2005. DISPOSITION: Carried SUBJECT: BY-LAW 2006-24 – BUDGET BY-LAW RES. NO. 23 Moved by Balint Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-Law to set the 2006 transition ratios and to levy taxes for the year 2006 and to establish special area charges for garbage collection and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 24 Moved by Wiehle Seconded by Mooser RESOLVED that a By-law to set the 2006 transition ratios and to levy taxes for the year 2006 and to establish special area charges for garbage collection be now read a third time and finally passed, signed, sealed and numbered By-law Number 2006-24 – 2006 Budget By-law DISPOSITION: Carried SUBJECT: MINUTES *West Elgin Arena Board – March 20, 2006 *West Elgin Chamber of Commerce – April 4, 2006 *West Elgin Parks & Recreation Committee – April 11, 2006 *West Elgin Arena Board – April 18, 2006 *Marketing Partners of Western Elgin Region – April 27, 2006 *West Elgin Parks and Recreation Committee – May 3, 2006 SUBJECT: COMMUNITY TRANSITION PROGRAM The Mayor reported that the business plan is being finalized and will be submitted by the end of May. SUBJECT: FORDHAM MOTORS SITE PLAN The Clerk reported that a revised site plan had been submitted; a copy was presented to Council. The County have reviewed the plan and have agreed to the location of the entrances. Signage and arrows be provided to inform motorists of entrance and exit movements. Regarding sidewalks the County requires a minimum distance of 0.5 metres between back of curb and sidewalk. The Planner requested input from Council on the following items: ? Treatment of land between curb and sidewalk – suggests concrete ? Bury overhead wiring? – no ? Street lighting – to remain as is ? Tree planting The Clerk noted that a landscaping plan has not been submitted. Grading and drainage issues need to be reviewed by staff. May 11, 2006…Pg 12 of 12 SUBJECT: GARBAGE ON ROADS The Clerk reported that fines could be laid by the OPP under the Environmental Protection Act and the Highway Traffic Act for littering. However, there must be a witness to testify of the dumping of the garbage. The Deputy Mayor asked how we could encourage people to report to police. It was suggested that the Community Policing Committee could do a promotion. Councillor Bodnar will take this to the committee. SUBJECT: WEST LORNE COMPLEX The Administrator/Treasurer reported that a meeting was held with the engineer last week. Support Services provided their needs. It is proposed that a restricted entrance lift be provided to the basement. It was noted that this accessibility if needed for staff; it is being proposed that the basement area would have workstations, office and meeting room. The public area on the main floor is being moved to the west side with a new kitchen and storage area. Employment services will move to the east side and use the basement. Library extension is being investigated as well. Councillor Balint suggested the public should give input. It was suggested that a public meeting be held after council has had the opportunity to review the floor plan. SUBJECT: CONFIRMATION BY-LAW RES. NO. 25 Moved by Balint Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-Law to confirm the proceedings of the meeting of Council held on May 11, 2006 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 26 Moved by Mooser Seconded by Wiehle RESOLVED that a By-law to confirm the proceedings of the meeting of Council held on May 11, 2006 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2006-25 – Confirming By-law May 11 2006. DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 27 Moved by Mooser Seconded by Wiehle RESOLVED that this Regular Meeting of Council adjourn at 3:45 p.m. to meet again on May 25, 2006. DISPOSITION: Carried th These minutes were adopted on the 8 day of June, 2006. ___________________________ ____________________________ Mayor Clerk