November 28, 2002 Special Session
M I N U T E S
OF THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGIN
SPECIAL SESSION
WEST ELGIN COUNCIL CHAMBERS
th
NOVEMBER 28, 2002
MEMBERS PRESENT:
Mayor Duncan McPhail, Deputy Mayor Graham Warwick
Councillors: Trudy Balint, Mike Mooser, Brad Bandeen
STAFF PRESENT:
Joanne Groch Administrator/Treasurer
Norma Bryant Clerk
ALSO PRESENT:
Ted Halwa, Planning Consultant
Mayor McPhail opened this Special Session of Council at 9:30 a.m. and explained the
purpose of the meeting was to hold two public meetings and deal with other matters of
business arising since the last meeting.
SUBJECT: PUBLIC MEETINGS
Council adjourned to hold Public Meetings for a General Official Plan Amendment and
Maharaj Rezoning application and resumed their Special Session thereafter.
DELEGATION: PROPOSED SEVERANCE, 25361 TALBOT LINE
Mr. Ernie Fodor and Mr. Rob Martin were present to discuss a proposed severance on
Talbot Line in the hamlet of Eagle. Mr. Halwa noted that the property is zoned HR,
hamlet residential. He questioned the proposed L-shaped lot and what was being
proposed for the remaining lands.
Mr. Fodor noted that the existing barn is to remain and a 4.27 metre side yard is being
proposed. The existing side lean-to will be removed.
Discussion took place regarding the development of the remaining lands and possibility
for future development in conjunction with other lands in the area. In general, Council
had no concerns with the concept.
DELEGATION: PROPOSED SITE PLAN FOR BADDER BUS LINES
Mr. John Spriet, Spriet Associates, attended as consultant for Badder Bus Lines.
Mr. Halwa presented the proposed site plan. He noted that Finney Street would have to
be built by the proponent. Employee parking will be located on the north side and nine
visitor parking spaces are located in the front. He further reported that a 6-foot chain
link fence, with a gate, would be erected around the rear parking area..
November 28, 2002…Pg 2 of 12
Mr. Spriet reported that storm water would be stored on site with the necessary catch
basins.
Mr. Halwa reported that an agreement for the provision of services and road will
needed, in addition to the requirements for a site plan.
Mr. Spriet reported that a Certificate of Approval is required from the Ministry of
Environment for the proposed waterline. Further, the drainage will be beyond the area
of the site plan but on the applicant’s property. This matter should be addressed in the
agreement as well.
Council directed that the necessary agreements be prepared complete with necessary
financial arrangements for the proposed servicing.
SUBJECT: BADDER BUS LINES DEVELOPMENT
As a result of discussion held it was agreed that due to the time of the year, it was
desirable to permit the foundation of the building to proceed.
RES. NO. 1 Moved by Warwick
Seconded by Mooser
RESOLVED that Council authorizes issuance of a foundation permit for N.
Badder – Elgin Bus Services on Finney Street extension subject to the
approval of the Chief Building Official and realizing that the property owner
will sign all necessary agreements as soon as possible.
DISPOSITION: Carried.
SUBJECT: PROPOSED SEVERANCE APPLICATION – ANNA WITZEL
Council reviewed a letter from Ms. Witzel proposing a severance beside Lot #77,
Mehring Street. Council directed that more information is required and that an
application form be sent to Ms. Witzel.
SUBJECT: PROPOSED SEVERANCE APPLICATION – ALEXANDER WOLF
Council reviewed a proposed severance application submitted by Alexander Wolf for
lands located on Lot 12, concession 3 Western Division. It was noted that Mr. Wolf did
not own the subject lands yet, it was therefore deemed that this application was
premature.
SUBJECT: TRIDON CONSTRUCTION – GRAY LINE PROPOSAL
RES. NO. 2 Moved by Bandeen
Seconded by Balint
RESOLVED that Council of the Municipality of West Elgin does hereby
support the application to sever by Tridon Construction for property
referred to as Phase II of Lakeview Estates. Further, that the municipality
agrees to transfer the lands shown as Lints Court and Blocks 32 and 33 on
Plan 11M-65 to Tridon Construction to facilitate the completion of said
severance applications.
DISPOSITION: Carried
November 28, 2002…Pg 3 of 12
SUBJECT: CORRESPONDENCE
1.* Severance application E97/02 –Kuranyi
RES. NO. 3 Moved by Bandeen
Seconded by Balint
RESOLVED that the Council of the Municipality of West Elgin have the
following comments regarding Severance Application E97/02 as applied
for by Joseph and Erna Kuyanyi and hereby approves the severance
application with the following conditions:
Subject to rezoning
Subject to apportionment of Municipal Drainage assessments
Subject to drainage outlet & drainage agreement, if required
Subject to requirements of the Municipal Road Department regarding
access and/or drainage.
Subject to no further residential development on the retained agricultural
portion.
Subject to water/sewer connection, if applicable.
DISPOSTION: Carried
2.* Severance applications E98/02 and E99/02 –Badder
RES. NO. 4 Moved by Warwick
Seconded by Mooser
RESOLVED that the Council of the Municipality of West Elgin have the
following comments regarding Severance Application E98/02 as applied
for by Neil and Kathryn Badder and hereby approves the severance
application with the following conditions:
Subject to rezoning, if applicable
Subject to apportionment of Municipal Drainage assessments
Subject to drainage outlet & drainage agreement, if required
Subject to requirements of the Municipal Road Department regarding
access and/or drainage.
Subject to water/sewer connection, if applicable
Subject to the provision of an easement, for drainage purposes, if deemed
applicable.
DISPOSTION: Carried
RES. NO. 5 Moved by Balint
Seconded by Mooser
RESOLVED that the Council of the Municipality of West Elgin have the
following comments regarding Severance Application E99/02 as applied
for by Neil and Kathryn Badder and hereby approves the severance
application with the following conditions:
Subject to rezoning, if applicable
Subject to apportionment of Municipal Drainage assessments
Subject to drainage outlet & drainage agreement, if required
Subject to requirements of the Municipal Road Department regarding
access and/or drainage.
Subject to water/sewer connection, if applicable
Subject to the provision of an easement, for drainage purposes, if deemed
applicable.
DISPOSTION: Carried
November 28, 2002…Pg 4 of 12
3.* Lower Thames Valley Conservation Authority – Digital photography
Instruction: Mr. Halwa to review quote in relation to similar projects and report
back.
*Information enclosed
Mr. Halwa and Councillor Mooser left the meeting
DELEGATION: BRYCE SIBBICK, COWAN INSURANCE
Mr. Sibbick of Cowan Insurance presented the 2003 municipal insurance program. He
reported that there is an increase in the premium from $64,667 to $79,566 and that
increases are being felt throughout the industry again this year. He further reported that
mould coverage has been excluded from the policy this year. The increases are
primarily in the general, auto and property areas.
Council discussed the present minimum deductible of $2500 and whether that should be
increased to $5,000, which would net a savings of $6764. Discussion also took place
regarding the inclusion of Firefighters Accident insurance.
RES. NO. 6 Moved by Balint
Seconded by Bandeen
RESOLVED that Council accept the 2003 municipal insurance program
presented by Frank Cowan Company Limited dated November 27, 2002
with the following changes:
1. change minimum deductible to $5,000
2. add additional Firefighter Accident policy at $880/annum.
DISPOSITON: Carried
SUBJECT: CORRESPONDENCE cont’d
4.* Notice of LDC decisions – Canadian Southern Railway Company
Instruction: File
5.* Thames Valley District School Board – Former bus barn building at West Elgin
Secondary School
Instruction: File
6.* Steve Peters, MPP – copy of correspondence to Thames Valley District School
Board
Instruction: File
*Information enclosed
SUBJECT: PROCEDURES FOR WATER DEPARTMENT
The Treasurer/Administrator noted that Council wished item D3 of the procedures to be
revised. She presented new wording that under notification, a copy of the notice to the
tenant that the account is in arrears will be sent to the owner. Council agreed with this
proposal and that this was included in the procedure attached to the by-law to be
presented.
November 28, 2002…Pg 5 of 12
SUBJECT: CLOSED SESSION
RES. NO. 7 Moved by Bandeen
Seconded by Warwick
RESOLVED that the Council of the Municipality of West Elgin adjourn to a
closed session to discuss litigation or potential litigation.
DISPOSITION: Carried
RES. NO. 13 Moved by Bandeen
Seconded by Balint
RESOLVED that the Council of the Municipality of West Elgin do now rise
and report.
DISPOSITION: Carried
SUBJECT: IGA PARKING LOT
RES. NO. 9 Moved by Bandeen
Seconded by Warwick
RESOLVED that Council declare Parts 5 and 6 on Plan No. 72 as surplus
and be offered to the adjacent property owner for $500.00
DISPOSITION: Carried
SUBJECT: BY-LAW NO. 2002-37 – AMEND LINDENMAN DRAIN
RES. NO. 10 Moved by Bandeen
Seconded by Balint
RESOLVED that the mover be granted leave to introduce a By-law to
amend By-law No. 2002-16, being a by-law to provide for the construction
of the Lindenman Drain and this shall be the first and second reading and
provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 11 Moved by Balint
Seconded by Warwick
RESOVED that a by-law to amend By-Law No. 2002-16, being a by-law to
provide for the construction of the Lindenman Drain be now read a third
time and finally passed, signed, sealed and numbered By-Law Number
2002-37-Amend Lindenman Drain.
DISPOSITION: Carried
SUBJECT: BY-LAW 2002-38 – PROCEDURAL BY-LAW
RES. NO. 12 Moved by Warwick
Seconded by Bandeen
RESOLVED that the mover be granted leave to introduce a By-Law to
adopt a procedural by-law to govern the calling, place and proceedings of
meetings and this shall be the first and second reading and provisional
adoption thereof.
DISPOSITION: Carried
RES. NO. 13 Moved by Warwick
Seconded by Bandeen
RESOLVED that a By-law to adopt a procedural by-law to govern the
calling, place and proceedings of meetings be now read a third time and
finally passed, signed, sealed and numbered By-law Number 2002-38 –
Procedural By-law.
DISPOSITION: Carried
November 28, 2002…Pg 6 of 12
SUBJECT: BY-LAW 2002-39 – NOTICE BY-LAW
RES. NO. 14 Moved by Warwick
Seconded by Balint
RESOLVED that the mover be granted leave to introduce a By-Law to
prescribe the form and manner and times for the provision of reasonable
notice and this shall be the first and second reading and provisional
adoption thereof.
DISPOSITION: Carried
RES. NO. 15 Moved by Warwick
Seconded by Bandeen
RESOLVED that a By-law to prescribe the form and manner and times for
the provision of reasonable notice be now read a third time and finally
passed, signed, sealed and numbered By-law Number 2002-39 – Notice
DISPOSITION: Carried
SUBJECT: BY-LAW 2002-40 – PERMANENT ROAD CLOSURE
RES. NO. 16 Moved by Warwick
Seconded by Bandeen
RESOLVED that the mover be granted leave to introduce a By-Law to
prescribe procedures for closing of certain classes of highways and this
shall be the first and second reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 17 Moved by Warwick
Seconded by Balint
RESOLVED that a By-law to prescribe procedures for closing of certain
classes of highways be now read a third time and finally passed, signed,
sealed and numbered By-law Number 2002-40 – Permanent Road
Closure.
DISPOSITION: Carried
SUBJECT: BY-LAW 2002-41 – SALE OF LAND
RES. NO. 18 Moved by Warwick
Seconded by Balint
RESOLVED that the mover be granted leave to introduce a By-Law to
provide for procedures for the sale of land and this shall be the first and
second reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 19 Moved by Warwick
Seconded by Bandeen
RESOLVED that a By-law to provide for procedures for the sale of land be
now read a third time and finally passed, signed, sealed and numbered
By-law Number 2002-41 – Sale of Land
DISPOSITION: Carried
November 28, 2002…Pg 7 of 12
SUBJECT: BY-LAW 2002-42 – TEMPORARY CLOSURE OF HIGHWAYS
RES. NO. 20 Moved by Warwick
Seconded by Balint
RESOLVED that the mover be granted leave to introduce a By-Law to
delegate powers to temporarily close a highway and this shall be the first
and second reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 21 Moved by Warwick
Seconded by Balint
RESOLVED that a By-law to delegate powers to temporarily close a
highway be now read a third time and finally passed, signed, sealed and
numbered By-law Number 2002-42 – Temporary closure of highways.
DISPOSITION: Carried
SUBJECT: BY-LAW 2002-43 – PROCEDURE FOR STREETLIGHT MAINTENANCE
RES. NO. 22 Moved by Warwick
Seconded by Bandeen
RESOLVED that the mover be granted leave to introduce a By-Law to
adopt procedures for the maintenance of streetlights and this shall be the
first and second reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 23 Moved by Warwick
Seconded by Bandeen
RESOLVED that a By-law to adopt procedures for the maintenance of
streetlights be now read a third time and finally passed, signed, sealed and
numbered By-law Number 2002-43 – Procedure for streetlight
maintenance.
DISPOSITON: Carried
SUBJECT: BY-LAW 2002-44 – PROCEDURES FOR WATER DEPARTMENT
RES. NO. 24 Moved by Warwick
Seconded by Bandeen
RESOLVED that the mover be granted leave to introduce a By-Law to
adopt procedures for the Water Department and this shall be the first and
second reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 25 Moved by Warwick
Seconded by Bandeen
RESOLVED that a By-law to adopt procedures for the Water Department
be now read a third time and finally passed, signed, sealed and numbered
By-law Number 2002-44 – Procedures for Water Department.
DISPOSITION: Carried
November 28, 2002…Pg 8 of 12
SUBJECT: BY-LAW 2002-46 – FEES AND CHARGES – ADMINISTRATION
RES. NO. 26 Moved by Bandeen
Seconded by Balint
RESOLVED that the mover be granted leave to introduce a By-Law to
establish various fees and charges for services provided by the
Administration Department and this shall be the first and second reading
and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 27 Moved by Bandeen
Seconded by Warwick
RESOLVED that a By-law to establish various fees and charges for
services provided by the Administration Department be now read a third
time and finally passed, signed, sealed and numbered By-law Number
2002-46 – Fees and Charges – Administration.
DISPOSITION: Carried
SUBJECT: BY-LAW 2002-47 – FEES AND CHARGES – BUILDING
RES. NO. 28 Moved by Bandeen
Seconded by Warwick
RESOLVED that the mover be granted leave to introduce a By-Law to
establish various fees and charges for services provided by the Building
Department and this shall be the first and second reading and provisional
adoption thereof.
DISPOSITION: Carried
RES. NO. 29 Moved by Bandeen
Seconded by Warwick
RESOLVED that a By-law to establish various fees and charges for
services provided by the Building Department be now read a third time and
finally passed, signed, sealed and numbered By-law Number 2002-47 –
Fees and Charges – Building.
DISPOSITION: Carried
SUBJECT: BY-LAW 2002-48 – FEES AND CHARGES – FIRE
RES. NO. 30 Moved by Bandeen
Seconded by Warwick
RESOLVED that the mover be granted leave to introduce a By-Law to
establish various fees and charges for services provided by the Fire
Department and this shall be the first and second reading and provisional
adoption thereof.
DISPOSITION: Carried
RES. NO. 31 Moved by Bandeen
Seconded by Balint
RESOLVED that a By-law to establish various fees and charges for
services provided by the Fire Department be now read a third time and
finally passed, signed, sealed and numbered By-law Number 2002-48 –
Fees and Charges – Fire.
DISPOSITION: Carried
November 28, 2002…Pg 9 of 12
SUBJECT: BY-LAW 2002-49 – FEES AND CHARGES – LANDFILL
RES. NO. 32 Moved by Bandeen
Seconded by Balint
RESOLVED that the mover be granted leave to introduce a By-Law to
establish various fees and charges 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. 33 Moved by Bandeen
Seconded by Warwick
RESOLVED that a By-law to establish various fees and charges for
services provided at the Waste Management Facility be now read a third
time and finally passed, signed, sealed and numbered By-law Number
2002-49 – Fees and Charges – Landfill.
DISPOSITION: Carried
SUBJECT: BY-LAW 2002-50 – FEES AND CHARGES – PLANNING
RES. NO. 34 Moved by Bandeen
Seconded by Warwick
RESOLVED that the mover be granted leave to introduce a By-Law to
establish various fees and charges for services provided by the Planning
Department and this shall be the first and second reading and provisional
adoption thereof.
DISPOSITION: Carried
RES. NO. 35 Moved by Balint
Seconded by Warwick
RESOLVED that a By-law to establish various fees and charges for
services provided by the Planning Department be now read a third time
and finally passed, signed, sealed and numbered By-law Number 2002-50
– Fees and Charges – Planning.
DISPOSITION: Carried
SUBJECT: BY-LAW 2002-51 – FEES AND CHARGES – RECREATION
RES. NO. 36 Moved by Warwick
Seconded by Balint
RESOLVED that the mover be granted leave to introduce a By-Law to
establish various fees and charges for services provided by the Recreation
Department and this shall be the first and second reading and provisional
adoption thereof
DISPOSITION: Carried
RES. NO. 37 Moved by Balint
Seconded by Bandeen
RESOLVED that a By-law to establish various fees and charges for
services provided by the Recreation Department be now read a third time
and finally passed, signed, sealed and numbered By-law Number 2002-51
– Fees and Charges – Recreation.
DISPOSITION: Carried
November 28, 2002…Pg 10 of 12
SUBJECT: BY-LAW 2002-52 – FEES AND CHARGES – ROADS
RES. NO. 38 Moved by Balint
Seconded by Warwick
RESOLVED that the mover be granted leave to introduce a By-Law to
establish various fees and charges for services provided by the Roads
Department and this shall be the first and second reading and provisional
adoption thereof.
DISPOSITION: Carried
RES. NO. 39 Moved by Bandeen
Seconded by Balint
RESOLVED that a By-law to establish various fees and charges for
services provided by the Roads Department be now read a third time and
finally passed, signed, sealed and numbered By-law Number 2002-52 –
Fees and Charges – Roads.
DISPOSITION: Carried
SUBJECT: BY-LAW 2002-53 – FEES AND CHARGES – WATER AND SEWER
RES. NO. 40 Moved by Balint
Seconded by Bandeen
RESOLVED that the mover be granted leave to introduce a By-Law to
establish various fees and charges for services provided by the Water and
Sewer Department and this shall be the first and second reading and
provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 41 Moved by Bandeen
Seconded by Balint
RESOLVED that a By-law to establish various fees and charges for
services provided by the Water and Sewer Department be now read a
third time and finally passed, signed, sealed and numbered By-law
Number 2002-53 – Fees and Charges – Water and Sewer.
DISPOSITION: Carried
SUBJECT: BY-LAW 2002-54 – AMEND WIRE-TIRE DRAIN
RES. NO. 42 Moved by Warwick
Seconded by Bandeen
RESOLVED that the mover be granted leave to introduce a By-law to
amend By-law No. 2001-52, being a by-law to provide for the construction
of the Wire-Tie Drain and this shall be the first and second reading and
provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 43 Moved by Bandeen
Seconded by Warwick
RESOLVED that a by-law to amend By-Law No. 2001-52, being a by-law
to provide for the construction of the Wire-Tie Drain be now read a third
time and finally passed, signed, sealed and numbered By-Law Number
2002-54- Amend Wire-Tie Drain.
DISPOSITION: Carried
November 28, 2002…Pg 11 of 12
SUBJECT: INSURANCE FOR FAIR BOARD EQUIPMENT
RES. NO. 44 Moved by Warwick
Seconded by Bandeen
RESOLVED that Council will pay the $500.00 deductible to the Fair Board
if there is an insurance claim re: tents.
DISPOSITION: Carried
SUBJECT: SUPPORT OF RURAL SCHOOLS
The Deputy Mayor presented a draft resolution regarding the closure of rural schools.
He is proposing to forward a resolution to municipalities requesting their support and the
Minister of Education. Council was in general support of the resolution but decided to
wait until after the adjustment of the funding formula is announced to finalize the
resolution.
SUBJECT: REPORT OF LIVESTOCK VALUER
RES. NO. 45 Moved by Bandeen
Seconded by Balint
RESOLVED Council accept the report of Livestock Valuer dated
th
November 15, 2002 and that compensation in the amount of $700.00 be
paid to Vince Amlin.
DISPOSITION: Carried
SUBJECT: WATER WRITE-OFFS
RES. NO. 46 Moved by Bandeen
Seconded by Balint
RESOLVED that the bad debt amounts be written off from the following
water accounts:
1001605 $184.07
1005902 $354.67
1022907 $412.54
1052809 $108.77
1057350 $426.62
1066316 $51.73
1073401 $101.92
1077901 $182.09
100059004 $136.63
100204001 $93.40
100264001 $252.42
100299000 $70.20
100322008 $221.61
100342007 $325.07
100371003 $162.49
100371004 $121.29
100620009 $51.44
999189004 $(30.20)
TOTAL $3,226.76
DISPOSITION: Carried
November 28, 2002…Pg 12 of 12
SUBJECT: ADJOURNMENT
RES. NO. 47 Moved by Bandeen
Seconded by Balint
RESOLVED that this Special Meeting of Council shall adjourn at 3:00 p.m.
th
to meet again on December 12, 2002.
DISPOSITION: Carried
th
These minutes were adopted on December 12, 2002.
____________________________ _______________________________
MAYOR CLERK