THE CORPORATION OF THE TOWNSHIP OF ENNISKILLEN THIRTY-FOURTH MEETING MINUTES SEPTEMBER 6 2011 A meeting of the Council of the Township of Enniskillen was held on Tuesday September 6 2011 at 7:00 pm at the Enniskillen Council Chambers. Present: Jim Burns, Kevin Marriott, John Phair, Mary Lynne McCallum and Kathy O’Hara Wilson Mayor Burns chaired the meeting. Pecuniary Interest Mayor Burns requested that each member of Council declare an interest at the appropriate time within the agenda where an interest may exist. A. Minutes Moved by Councillor Marriott Seconded by Councillor O’Hara Wilson That the minutes of the meeting of August 23 and 25 2011be adopted as circulated. Carried. B. Interview Public Works The Road Superintendent reported on the County of Lambton communications concerning salt availability in 2011. He noted that a tornado had damaged Sifto Salt’s storage facility. He also reported that the Township would normally purchase winter salt based on the County of Lambton purchasing process. Moved by Councillor McCallum Seconded by Councillor Phair That the Township of Enniskillen purchase salt through the County of Lambton purchasing agreement from Sifto Salt at $67.38 per tonne. Carried. The Road Superintendent recommended that the speed limit on Discovery Line be reduced to 50 kilometers per hour. Moved by Councillor O’Hara Wilson Seconded by Councillor McCallum That first and second reading be given to Bylaw 60 of 2011 a bylaw to establish a speed limit for Discovery Line. Carried. THIRTY-FOURTH MEETING 2 SEPTEMBER 6 2011 Moved by Councillor Phair Seconded by Councillor Marriott That third and final reading be given to Bylaw 60 of 2011. Carried. The Road Superintendent requested Council direction to undertake resurfacing of Rokeby Line in the area damaged by recent trucking activity. He estimated that the work would cost approximately $66,000. Concern was expressed that the work should be left until the next year to insure that no further damage would take place to the road surface by trucking activity in the area. Councillor O’Hara Wilson recommended that only a portion of the work be undertaken. Moved by Councillor Marriott Seconded by Councillor Phair That the Road Superintendent be authorized to undertake repairs to Rokeby Line. Carried. The Road Superintendent noted that the licensed water staff would be attending a conference in London on October 4th and 5th 2011. The Road Superintendent reported that the two new pickups would be delivered in the next week. The Road Superintendent reported that he had discussed with Ross White ditching of the roadside ditch along Rokeby Line. He noted that the surface water would be directed to a recently installed catchbasin. 1. Petition-Drainage Act D. Rumbold 2669 Marthaville Road Moved by Councillor Phair Seconded by Councillor Marriott That a site meeting be held with Councillor O’Hara Wilson as Council representative in regards to the petition for drainage submitted by Mr. and Mrs. Rumbold. Carried. Ray Dobbin reported on the tender results for the 27 Side road Johnson Drain, 8th Concession Drain and Roddick Drain. 27 Sideroad Drain & Johnson Drain. Bruce Poland $14,423.63 Murray Mills Excavating $26,802.06 Van Bree Drainage $29,177.58 TWENTY-FOURTH MEETING 3 SEPTEMBER 6 2011 A.G. Hayter $ 28,882.80 J& L Henderson $18,275.37 McKenzie & Henderson $16,770.09 8th Concession Drain Bruce Poland $30,249.42 Murray Mills Excavating $59,405.79 Van Bree Drainage $54,251.53 A.G. Hayter $37,770.25 J& L Henderson $30,238.29 McKenzie & Henderson $33,063.80 Roddick Drain Bruce Poland $7,610.27 Murray Mills Excavating $9,661.50 Van Bree Drainage $8,146.77 A.G. Hayter $8,475.00 J& L Henderson $16,456.19 McKenzie & Henderson $5,359.59 Moved by Councillor Marriott Seconded by Councillor McCallum That the low tender from Bruce Poland for the 27 Sideroad and Johnson Drain be accepted That the low tender from J & L Henderson for the 8th Concession Drain be accepted and That the low tender from McKenzie & Henderson for the Roddick Drain be accepted subject to no appeals. Carried. The Engineer reported on the site meeting for the Adair Drain. He noted that those present requested that the open drain be cleaned. Moved by Councillor O’Hara Wilson Seconded by Councillor McCallum That tenders be advertised for the clean out of the Adair Drain. Carried. The Engineer reported that the cleaning of the Perry Drain had been completed. Leveling of the mud had not been completed. The Engineer reported that the cleaning of the open portion of the Cook Drain was not completed. The Engineer reported that the Howlett Lane Drain report was not completed. THIRTY-FOURTH MEETING 4 SEPTEBMER 6 2011 The Engineer reported that a portion of the Noble Wooley Drain had been cleaned by Bruce Poland. No further work was required on the drain. Councillor Marriott requested that the leveling of portions of the Osborne Drain had not been completed. The Engineer reported he would speak to the contractor. E. Correspondence for information 1. Sarnia Heavy Equipment General Meeting Sept 13 2011 2. Jardine Lloyd Thompson Risk Reporter August 2011 3. County of Lambton a- Warwick History Website Launched b- Third Crow Tests Positive for West Nile Virus 4 4. Restorative Justice Week 5. MPAC New President and CAO 6. London Health Sciences Opening of North Tower Sept 27 2011 7. Coalition secures Commitment to discuss Impact of OPP Costs 8. SWEA Finance Minister Supports Southwestern Ontario Development Fund 9. Ontario Landowners Association Crown Patent Land 10. AMO 2011 Municipal Insurance Survey Results 11. CUPE Child Care Worker and Early Childhood Educator Appreciation Day 12. Premier’s Awards for Excellence in the Arts 13. Sports Day in Lambton 14. Lambton Fencing Re: Discovery Line Moved by Councillor McCallum Seconded by Councillor Marriott That correspondence items 1-14 be received and filed. Carried. F. Correspondence requiring motions 1. Upland Game Bird Chapter letter of support of Bob White Quail Release Program Moved by Councillor Marriott Seconded by Councillor O’Hara Wilson That a letter of support be provided to the Upland Game Bird Chapter concerning the reintroduction of Bob White Quail release program. Carried. 2. Application for Reduction of Assessment- 5383 Shiloh Line Reduction of RT to $265,375 from June 30- Dec 31-11 THIRTY-FOURTH MEETING 5 SEPTEMBER 7 2011 Councillor Marriott declared an interest in that he owned the property that was affected by the application. Moved by Councillor McCallum Seconded by Councillor O’Hara Wilson That the recommendation of the assessor be approved reducing the 2011 RT assessment to $265,375 from June 30 2011 to December 31 2011. Carried. 3. Resolution Petrolia donation for Goderich Moved by Councillor O’Hara Wilson Seconded by Councillor Phair That a donation of $250 be provided to the Town of Goderich to assist in the tornado damage recovery. Carried. A tile loan application was received from Ian and Jaclyn Sager for Lot 6 Concession 6 in the amount of $27,600. Moved by Councillor McCallum Seconded by Councillor Marriott That the tile loan application from Ian and Jaclyn Sager for Lot 6 Concession 6 in the amount of $27,600 be approved subject to the availability of funds. Carried. A letter was received from Ken Girard concerning the collection of drainage assessments for the Edward’s Drain. Mr. Girard requested that he be permitted to have the levy collected over a five year term. Moved by Councillor Marriott Seconded by Councillor O’Hara Wilson That Ken Girard be permitted to repay the Edward’s Drain assessment over a five year term with interest. Carried. A notice was circulated indicating that a public meeting for the designation of the Oil Heritage District would take place on October 25 2011. THIRTY-FOURTH MEETING C. 6 SEPTEMBER 6 2011 Court of Revision Roddick Drain 7:30 pm Moved by Councillor O’Hara Wilson Seconded by Councillor Phair That the Council open as Court of Revision for the Roddick Drain. Carried. Present: Lorne and Eileen McKay The Engineer reported that there were no appeals received concerning the assessments on the drain. Mrs. McKay noted that they had no concern with the assessments in the report. Moved by Councillor O’Hara Wilson Seconded by Councillor Marriott That the assessment in the Roddick Drain report be confirmed. Carried. Moved by Councillor McCallum Seconded by Councillor Marriott That the Court of Revision be adjourned to an open Council meeting. Carried. G. Accounts Moved by Councillor McCallum Seconded by Councillor O’Hara Wilson That the accounts be paid as circulated; Cheque: 3727-3758: $260,265.09 Cheque: 3759-3783: $46,477.75 Carried. H. Bylaws 1. Bylaw 59 of 2011 Confirmation Bylaw Moved by Councillor O’Hara Wilson Seconded by Councillor Marriott That first and second reading be given to Bylaw 59 of 2011. Carried. Moved by Councillor McCallum Seconded by Councillor Phair That third and final reading be given to Bylaw 59 of 2011. Carried. THIRTY-FOURTH MEETING 7 SEPTEMBER 6 2011 I. Other Business 1. Penny Phillips- report on July 23 2011 storm event A discussion took place about the inability of the emergency co-ordinator to communicate during the storm event. Mayor Burns requested that recommendations be made for Council during the emergency measures exercise. 2. Lighting Towers Marthaville and Krall Park Randy Short had undertaken a review of the park lighting systems. 3. Memo – Road Closure Procedures The Clerk noted that a road closure procedure would be prepared for Council review. 4. Commercial Signs Mayor Burns noted that the planner had not been able to submit a report on the sign bylaw. A report would be circulated for a future meeting. 5. Memo to Council Bus Shuttle Service 6. Memo to Council B Boyle Retirement Event Councillor O’Hara Wilson noted that the matter of a donation for the 4H program should be left until after the event. Moved by Councillor O’Hara Wilson Seconded by Councillor Marriott That all members of Council be permitted to attend the retirement event for Brian Boyle. Carried. 7. Livestock Valuer’s Report J Bell 8. Inwood Fire Agreement Meeting September 26 2011 The Clerk reported that a meeting was to take place on September 14th with the Fire Marshall rep to review the proposed bylaw and the simplified risk assessment. 9. Memo to Council Landfill Dumpsters The Clerk reported that the Waste Management Site operator had indicated a change would take place in January of 2012. Enniskillen residents using the site would be required to identify themselves at the trailer prior to using the dumpsters. THIRTY-FOURTH MEETING 8 SEPTEMBER 6 2011 Moved by Councillor O’Hara Wilson Seconded by Councillor Marriott That correspondence items 1, 2, 3, 5, 8 and 9 be received and filed. Carried. D. Court of Revision Pringle Drain 7:45 pm -appeal Keith Woods Moved by Councillor Marriott Seconded by Councillor McCallum That the Court of Revision for the Pringle Drain be opened. Carried. Present: Keith Woods It was noted that an appeal had been received from Keith Woods in regards to the Pringle Drain. Mr. Woods noted that his assessment was excessive on the N1/2 Lot 7. He noted that the deepening and widening was necessary for upstream properties. He reported that Not all upstream land was assessed into the drain. Mr. Dobbin noted that in 1988 he had undertaken a survey of the property owners to determined the drainage areas. He reported that he had spoken to Mrs. Anderson to confirm the tiling in the area. He noted that he had referred to aerial photography to visual determine if tile were visible in the fields. The Engineer reported on the method that was used to establish the assessments for the property owners in the drainage area. Mr. Woods noted that the open drain proposed was of no benefit to him but was necessary for the upstream landowners. The Engineer reported that the open drain would provide outlet for the tile drainage system in his assessed property. Mr. Woods noted that the south eastern portion of the Anderson property was tiled into the drain. Mayor Burns requested clarification from Mr. Woods of the timing of the tiling of the Anderson property. Mr. Woods was unable to provide more detailed information. Councillor O’Hara Wilson noted that the Keith Anderson property had a greater land area than Mr. Woods but was assessed less. The Engineer reviewed his methodology for creating assessments for outlet and benefit. He noted that his work was consistent with prior reports. Councillor Marriott questioned whether a change in Mr. Woods’s assessment would affect the allowances provided in the report. The Engineer reported that the allowances would not change. Keith Woods noted that he wanted the dirt trucked from the drain. The Engineer reported that the tender for the work would provide for trucking. The Engineer noted that Mr. Woods would pay the additional cost of the trucking. Moved by Councillor McCallum Seconded by Councillor Marriott That the assessments in the Pringle Drain Report be confirmed. Carried. Moved by Councillor O’Hara Wilson Seconded by Councillor Marriott That the Court of Revision of the Pringle Drain be adjourned. Carried. Councillor O’Hara Wilson recommended that Penny Phillips be permitted to attend the Diamond Municipal Conference the last week of September. J. Adjournment Moved by Councillor Marriott Seconded by Councillor Phair That the meeting be adjourned. Carried. _________________________ Mayor __________________________ Clerk