October 10, 2002 Regular Meeting
M I N U T E S
OF THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGIN
WEST ELGIN COUNCIL CHAMBERS
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OCTOBER 10, 2002
MEMBERS PRESENT: Mayor Duncan McPhail, Deputy Mayor Graham Warwick
Councillors: Trudy Balint, Brad Bandeen, Mike Mooser
STAFF PRESENT: Joanne Groch Administrator/Treasurer
Norma Bryant Clerk
Jeff Slater Recreation Superintendent
SUBJECT: MINUTES
RES. NO. 1 Moved by Bandeen
Seconded by Mooser
RESOLVED that the minutes of the meetings held on the following dates
be adopted as printed and circulated.
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September 12, 2002 Regular Meeting
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September 12, 2002 Court of Revision – Geo. Johnston Drain
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September 12, 2002 Court of Revision – Main Street Drain
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September 19, 2002 Special Planning Meeting
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September 26, 2002 Special Session
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September 26, 2002 Public Meeting
DISPOSITION
: Carried
SUBJECT: RECREATION REPORT
The Recreation Superintendent presented his regular monthly report. Discussion took
place regarding the dehumidifier at the arena and when it should be replaced. He
advised that there is full rental of ice time. He also noted that the signs at the
skateboard park have been damaged; however the parks are being well used. Council
reviewed an additional report regarding a concern raised by Angela Dougherty about the
condition of the Miller Park Baseball Diamond.
SUBJECT: CHRISTMAS DECORATIONS
The Administrator/Treasurer reported that two quotes had been received for Christmas
decorations in West Lorne. The proposed decoration consists of a 36” wreath
decorated with pinecones and bow and lights.
Lightplan @ $248.00 each plus $175 freight
Jude @ $264.00 each plus $828 freight
RES. NO. 2 Moved by Mooser
Seconded by Balint
RESOLVED that Christmas decorations be purchased from The Lightplan
Group Inc. in the amount of $2,976.00 + taxes for 12 – 36” wreaths.
DISPOSITION: Carried
October 10, 2002…Pg 2 of 10
SUBJECT: ROAD REPORT
The Road Superintendent was not in attendance. Council reviewed the monthly report.
Discussion arose regarding the County sign policy and whether the Chamber of
Commerce has been solicited for comments. The Administrator/Treasurer reported that
the Road Superintendent was working directly with Zeek Electric and that a report on
the procedures for streetlight maintenance would be presented at the next regular
meeting. The Deputy Mayor enquired about the signage used during construction of
Queens Line in Rodney.
SUBJECT: WATER REPORT
The Water Utility Manager was not in attendance. Council reviewed the monthly report.
SUBJECT: CHAMBER OF COMMERCE
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Councillor Bandeen reported that the Chamber of Commerce meeting of October 1,
2002 was well attended. They used an annual meeting format with some businesses
setting up displays. New businesses did attend. Brad Bedford spoke about benefit
packages for small businesses.
SUBJECT: POLICE COMMITTEE
The Deputy Mayor reported on the last Police Committee meeting. The OPP are
looking for 3 more auxiliary police officers. He advised on a telephone fraud throughout
the area. Racing on streets is an arrestable offence and witnesses should report these
incidents to the OPP immediately. The police have found that the majority of false
alarms (security) are human error and if in error should contact the OPP to cancel the
call.
SUBJECT: INSPECTIONS OF CONSTRUCTION DRAINS
The Clerk advised that the Drainage Engineer rather than our Drainage Superintendent
would perform inspections of construction drains, unless otherwise directed by the
Administrator/Treasurer. There were no objections to this change in procedure.
SUBJECT: ACCOUNTS
RES. NO. 3 Moved by Warwick
Seconded by Mooser
RESOLVED that the Mayor and Administrator/Treasurer be and they are
hereby authorized to sign Payment Voucher #10, amounting to
$1,273,561.44 in settlement of General, Road and Water Accounts.
(cheques #4471 - 4696 General/Roads/Water/Payroll including Arena
Voucher of $39,015.90 Cheques #1372 - 1398).
DISPOSITION: Carried
SUBJECT: CORRESPONDENCE
1.* Children’s Hospital of Western Ontario Foundation – request permission to sell
raffle tickets
RES. NO. 4 Moved by Bandeen
Seconded by Balint
RESOLVED that the Council of the Municipality of West Elgin hereby gives
approval to the Children’s Hospital of Western Ontario Foundation to sell
October 10, 2002…Pg 3 of 10
their raffle tickets through participating financial institutions within our
municipality under City of London Lottery Licence No. M344243.
DISPOSITION: Carried
2.* County of Brant – request for support of resolution regarding licensing, training of
operators of water treatment and distribution facilities
Instruction: File
3.* Township of West Grey – request for support of resolution regarding licensing
requirements under Aggregate Resources Act
RES. NO. 5 Moved by Balint
Seconded by Mooser
RESOLVED that Council of the Municipality of West Elgin is in support of a
resolution put forth by the Township of West Grey that requests the
Minister of Natural Resources to amend the Aggregate Resources Act to
require consultation with adjoining property owners, Ministry of the
Environment and appropriate agencies on applications to extract
aggregate below the water table and amendments to existing aggregate
licenses.
DISPOSITION: Carried
4.* Federation of Canadian Municipalities – request for support of resolution
regarding clean air.
RES. NO. 6 Moved by Warwick
Seconded by Mooser
WHEREAS a high quality of life depends on health and sustainable
communities;
WHEREAS air pollution threatens quality of life;
WHEREAS thousands of Canadians die prematurely each year from air
pollution;
WHEREAS health costs from air pollution reaches $1 billion dollars
annually in Ontario alone, according to the Ontario Medical Association;
WHEREAS Canadians need to be fully informed on the state of the air
they breathe;
WHEREAS Canadians need to better understand options for cutting air
pollution;
WHEREAS it is known that the pollution causing smog can contribute to
climate change, and that taking action on clean air will also help protect
the climate;
WHEREAS municipal governments must partner with federal and
provincial/territorial governments to develop and implement programs and
policies to improve air quality;
WHEREAS the 2001 Speech from Throne made clean air a priority for the
Government of Canada;
WHEREAS more scientific research is needed to better understand the
link between air pollution and health;
THEREFORE BE IT RESOLVED THAT the Council of the Municipality of
West Elgin call on the Government of Canada to accelerate the delivery of
its Clean Air Agenda and specifically focus on the need to: develop and
implement a comprehensive Clean Air Action Plan that will:
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Advance scientific understanding of the link between air pollution and
health;
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Provide financial resources to municipal governments for programs that
cut smog and climate pollution;
October 10, 2002…Pg 4 of 10
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Ensure Canadians have access to accurate information on the quality
of their air and on action they can take to reduce their exposure and
their emissions;
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Ensure significant emission reductions from the transportation sector;
and
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Partner with provincial/territorial governments to set stronger pollution
reduction standards for industry and the electric power generation
sector.
DISPOSITION: Carried
5* Laurie Sura – cross walk at Main and Graham Street intersection in West Lorne
Instruction: The Clerk reported that a delegation by Roxanne Kuschner has been
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scheduled for November 14 at 2:00 p.m. to discuss this matter.
6.* George Andrei – Official Plan and Zoning amendment applications
Instruction: File
7. AMO - funding for developing teams of emergency response volunteers
(Community Emergency Response Volunteers (CERV) Ontario
program)
- proposed Safe Drinking Water Act
- funding to improve ambulance response times
- upcoming federal consultation on municipal sewage effluent measures
- Bill 177, amendments to Municipal Elections Act, new Municipal Act
- Federal Throne Speech – stronger support for municipalities
- announcement Counties, Regions and CMSMs Annual Conference,
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October 20 to 23, Sudbury
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- * Annual Southwestern Municipal Conference, November 22, London
Instruction: File
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8.* Ontario Ground Water Association – invitation to Open House, October 25 at 10
a.m.
Instruction: File
9. West Elgin Community Health Centre – thank you for support of Senior’s Day
Instruction: File
10. Ontario Heritage Foundation – re: Doors Open Ontario, celebration of community
heritage.
Instruction: File
11. Thames Talbot Land Trust – invitation to celebration of first property acquision
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and Annual General Meeting, October 20 2 – 4 p.m.
Instruction: File
12. O.P.P. – Detachment Commander’s Report, Elgin Group, July – August, 2002
Instruction: File
13. West Elgin Daffodil Auxiliary – thank you for donations from Haasz Trust Fund
and Schleihauf Fund.
Instruction: File
14.* Rodney Royal Canadian Legion – donation to enhance recreation use of Port
Glasgow Trailer Park.
Instruction: File
October 10, 2002…Pg 5 of 10
15. County of Elgin – notification of passage of by-law to designate county highways
Instruction: File
16. OMAFRA Bulletin, September 2002
Instruction: File
17. Andy Mitchell, MP – re: Canada-Ontario Infrastructure Program
Instruction: File
18. MMAH New Release – passage of Municipal Statute Law Amendment Act
Instruction: File
19.* St. Thomas and Elgin County Community Clinics – announcement of Flu Clinics
Instruction: File
20.* Memorandum from Community Planners Inc. – West Lorne Official Plan and
Zoning By-law History
Instruction: File
* Information enclosed
RES. NO. 7 Moved by Bandeen
Seconded by Balint
RESOLVED that the correspondence be dealt with as per the instructions
of Council as noted.
DISPOSITION: Carried
SUBJECT: MINUTES
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*West Elgin Recreation Committee – September 24, 2002
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*West Elgin Arena Board – September 17, 2002
SUBJECT: APPORTIONMENT OF DRAINAGE ASSESSMENT – PELCZ
SEVERANCE
RES. NO. 8 Moved by Warwick
Seconded by Mooser
RESOLVED that the Council approves the agreement on share of
drainage assessment on the Wismer Drain as requested by Sebastian and
Agnes Pelcz under Section 65 (6) of the Drainage Act.
Engineer’s Report, dated July 31, 1979
Original Assessment New Assessment
Concession Gore S Pt. Lot 7 17.8 ha. 0.4 ha.
Benefit - $2000.00 Benefit - $2000.00 Benefit – $0
Outlet - $3990.00 Outlet - $3920.00 Outlet-$70.00
Engineer’s Report, dated March 28, 1966
Concession Gore S Pt. Lot 7 19.4 ha. 0.4 ha.
Outlet - $112.60 Outlet - $108.60 Outlet - $4.00
DISPOSITION: Carried
October 10, 2002…Pg 6 of 10
SUBJECT: APPORTIONMENT OF DRAINAGE ASSESSMENT – BAKKER
SEVERANCE
RES. NO. 8 Moved by Bandeen
Seconded by Balint
RESOLVED that the Council approves the agreement on share of
drainage assessment on the Jeffrey Drain as requested by John and Joan
Bakker under Section 65 (6) of the Drainage Act.
Engineer’s Report, dated January 8, 1949
Original Assessment New Assessment
Concession 10 Pt. Lot 21 15.6 ha. 0.6 ha.
Outlet - $114.00 Outlet - $110.00 Outlet - $4.00
Engineer’s Report, dated September 18, 1959
Original Assessment New Assessment
Concession 10 Pt. Lot 21 19.6 ha. 0.6 ha.
Benefit - $300.00 Benefit – $290.00 Benefit-$10.00
Outlet - $215.00 Outlet - $209.00 Outlet - $6.00
DISPOSITION: Carried
SUBJECT: KIWANIS CLUB OF RODNEY
Councillor Bandeen presented a letter from the Kiwanis Club of Rodney requesting the
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cancellation of the rental fees for the use of the arena on August 24 for a fundraising
concert and dance.
RES. NO. 10 Moved by Bandeen
Seconded by Warwick
RESOLVED that Council authorize the payment of $395.00 to West Elgin
Arena to cover the rental fees by Kiwanis Club of Rodney for the event
held on August 24, 2002.
DISPOSITION: Carried
SUBJECT: POLICY FOR RENTAL OF MEETING ROOMS
The Administrator/Treasurer presented a report outlining a proposed policy/procedure
for the use of meeting rooms in West Elgin facilities. It was reported that staff are
proposing locking of the kitchen cupboards in the West Lorne complex. Council was in
support of this proposal.
RES. NO. 11 Moved by Balint
Seconded by Warwick
RESOLVED that Council adopt the following policy for the use of meeting
rooms in West Elgin facilities:
1. Permission to use the meeting rooms at Rodney Rec. Centre, Rodney
Town Hall and West Lorne Complex, at no cost, shall be based on the
following principle:
a) Non-profit organizations based in the municipality
b) Local services clubs
c) Committees associated with Council
d) Local business, being property assessed on a commercial and/or
industrial basis
2. For reference, item number 1 includes, but is not limited to, the
following:
a) Youth recreation organizations, such as hockey, figure skating,
gymnastics and soccer
b) Service clubs, such as Optimists, Kiwanis
c) Women’s Institute, IODE, Seniors
October 10, 2002…Pg 7 of 10
d) Horticultural Society, Library Boards, Chamber of Commerce
e) West Elgin Support Services
3. The Administrator/Treasurer shall make the determination, which
organizations comply with item number 1. If there is a dispute, it shall
be directed to Council.
4. Activity functions, such as physical activities, shall be directed to
Rodney Rec. Centre or Arena.
5. No religious gatherings or meetings.
6. No showers or like gatherings in the hall, these are encouraged to rent
other facilities available in the community.
7. No kitchen facilities are available, other than use of refrigerator and
stove.
8. Area used shall be left in a clean state and garbage placed in proper
containers.
9. Bookings shall be made through West Elgin Support Services located
at West Lorne Complex.
DISPOSITION: Carried
SUBJECT: MTO LICENSING OFFICE
The Mayor reported that a licensing office for West Elgin would be re-advertised and
hopefully it would be successful this time.
DELEGATION: JOHN FISHER
Mr. Fisher reported to Council that he recently chaired a conference on municipal
sustainability and zero waste. With regard to municipal sustainability he encourages
Council to think about three variables: full cost accounting, revenue neutrality and
different tax rates for land and buildings. The review of these variables can change how
we raise funds for municipal operations and reduce taxes for homeowners.
DELEGATION: MICHELLE QUINTYN, EXECTUIVE DIRECTOR
FOUNDATION FOR RURAL LIVING
Ms. Quintyn presentation focused on the concept that funds raised rural areas should
stay in rural areas and that there is a lack of infrastructure to tap existing avenues for
raising funds, for example through bequests. The Foundation is proposing a pilot
project where volunteers will be trained to access major gifts, develop community
chosen endowments and develop an avenue to access current movements, such as
United Way, for rural projects. This pilot project would be subsidized for 4 to 5 years
and then should be self-sufficient and a network of fundraisers trained in the community.
Ms. Quintyn asked for Council to agree in principle on the concept, detailed plans would
be brought forward for approval once the concept of the pilot project has been
approved.
RES. NO. 12 Moved by Warwick
Seconded by Bandeen
RESOLVED that the Council of the Municipality of West Elgin support in
principle and is interested in partnering with the Foundation of Rural Living
and possible surrounding rural regions in a pilot project to develop a
Community Investment Collaborative.
DISPOSITION: Carried.
SUBJECT: CONSIDERATION MEETING – FREEMAN DRAIN
Also in attendance: Paul Elston, P. Eng., Property Owners – I. Puddester, R. Thouren,
M. Schleihauf, S. Pelcz, J. Johnston, Mr. & Mrs. S. Lebedz, J. Pelcz.
October 10, 2002…Pg 8 of 10
RES. NO. 13 Moved by Mooser
Seconded by Warwick
RESOLVED that Council consider the Engineer’s Report on the Freeman
Drain.
DISPOSITION: Carried
The Clerk read the correspondence from the Lower Thames Conservation Authority,
with no objections.
The Engineer outlined briefly the purpose of the meeting and provided background of
report along with brief description of the changes from the first submission. This report
includes additional lands from Highway 401 to Hoskins Line.
Mr. Sebastian Pelcz asked why the drain wouldn’t go in low areas as opposed to high
ground? The Engineer replied that the drain is for outlet of private tile systems and
constructed differently today. Deputy Mayor noted that it is more economical to install
small tiles into holes than to run big tiles through them.
Mr. S. Pelcz inquired why the catch basin is not being replaced? It is full of sand and to
place a new drain into this will just plug up. The Engineer noted the source of the
sediment is unclear and will work with the Road Superintendent to see if a new catch
basin is required.
Mr. S. Pelcz was asked where he would like the new drain on the lands north of the 401.
He replied that he prefers the new drain to be on the west side of the existing tiles.
Should connect two tiles from Schleihauf property, one at 401 and one from the east
north of the mid-property area, as well as his tiles. The new drain should be on east
side of existing tile on farm south of 401.
Mr. S. Pelcz requested a new catch basin in the very low area of his farm south of 401?
Yes, it will be installed. Can he tile his land to the new drain? The Engineer replied, yes
and the area assessed is about 15.8 ha.
Mr. Joe Pelcz requested the reference to burying headwall on his property be deleted.
The Engineer agreed that it could be hauled off-site and the tender would be changed to
reflect this.
Mr. J. Pelcz felt that there was more stone than necessary. The Engineer replied that if
less stone were required, it would cost less.
Mr. J. Pelcz noted that there are areas on open ditch that are eroding and he would like
protection placed to stop erosion of ditch bank on corner of ditch at north side of bush
area.
Mr. J. Pelcz noted that he would prefer construction in summer during dry conditions.
Mr. & Mrs. Lebedz would like their drains connected to the new drain instead of relying
on the catch basin. Mr. Lebedz will provide tile plans.
Ms. Schleihauf questioned the size of the drain; will it handle the large storms?
However, the lands are permeable and this should assist greatly.
Mr. Johnston asked what happens to his tile that connected to old drain? The Engineer
reported that the old drain will be left working and will connected to Branch “B” at
McCallums east of line fence.
October 10, 2002…Pg 9 of 10
It was generally felt by property owners that summer construction was preferred but
were concerned that the price would go up and contractors would not be available.
RES. NO. 14 Moved by Bandeen
Seconded by Warwick
RESOLVED that the Engineer’s Report for the Freeman Drain, be
accepted and the Clerk is instructed to draw up the necessary by-law.
DISPOSITION: Carried.
SUBJECT: GROUNDWATER STUDY
Mr. Ted Briggs and Linda Nix of the Upper Thames River Conservation Authority
attended Council to provide information on the proposed groundwater study. Mr. Briggs
reported that MOE funding is 85% for the study and that it is desirable to add West Elgin
to the London/Middlesex study. Southwold, St. Thomas and Dutton-Dunwich have
agreed to participate.
It was reported that mapping, aquifer, identify recharge and discharge areas,
vulnerability, groundwater risk assessment and flow direction are part of the study. Well
protection is not part of this study as it is not necessary in this area. The groundwater
information will be valuable information with respect to development and agriculture.
The municipality will be represented on the committee, which has various stakeholders,
represented, e.g. driller.
RES. NO. 15 Moved by Bandeen
Seconded by Warwick
RESOLVED that the Council of the Municipality of West Elgin authorizes
participation in the Middlesex/Elgin groundwater study at the maximum
cost of $5,000.00.
DISPOSITION: Carried
SUBJECT: CONSIDERATION MEETING – GEO. JOHNSTON DRAIN
Also in attendance: Dennis McCready, P. Eng, and Joann Vergeer
RES. NO. 16 Moved by Bandeen
Seconded by Balint
RESOLVED that Council consider the Engineer’s Report on the Geo.
Johnston Drain.
DISPOSITION: Carried
The Clerk read the correspondence from the Lower Thames Conservation Authority,
with no objections.
The Drainage Engineer gave a brief presentation of his report noting that there was an
error in the total estimated cost of the drain in the previous report. This has been
corrected and it was felt that the proper procedure to follow was to hold another
consideration meeting to inform the property owners.
RES. NO. 17 Moved by Mooser
Seconded by Warwick
RESOLVED that the Engineer’s Report for the Geo. Johnston Drain, be
accepted and the Clerk is instructed to draw up the necessary by-law.
DISPOSITION: Carried
October 10, 2002…Pg 10 of 10
SUBJECT: IGA PARKING LOT
The Administrator/Treasurer reported that it has been discovered that the municipality
owns a small parcel of land located in the middle of the IGA parking lot. This parcel of
land is 560 square feet, specifically Parts 5 and 6 on Plan No. 72. An easement would
have to be maintained over Part 5. Under By-law 98-41, disposal of property by-law, no
appraisal of the property or advertising of the sale is required as this parcel of land does
not have direct access to a road and is being sold to the adjacent property owner.
RES. NO. 18 Moved by Mooser
Seconded by Warwick
RESOLVED that Council of the Municipality of West Elgin hereby declares
Parts 5 and 6, Plan No. 72 surplus and an independent appraisal be
obtained.
DISPOSITION: Carried
SUBJECT: SANTA CLAUS PARADES
It was reported that a concern has been raised by Irene Puddster that having the
parades back to back (Friday night, Saturday afternoon) may not be a good idea.
People will not come to both parades, too much for volunteers and some may not
participate in both parades (e.g. Shiners). Council determined that they would proceed
this year as an experiment and evaluate after.
SUBJECT: CLOSED SESSION
RES. NO. 19 Moved by Bandeen
Seconded by Balint
RESOLVED that the Council of the Municipality of West Elgin adjourn to a
closed session to discuss:
A proposed or pending acquisition of land,
Litigation or potential litigation.
DISPOSITION: Carried
RES. NO. 20 Moved by Warwick
Seconded by Mooser
RESOLVED that the Council of the Municipality of West Elgin do now rise.
DISPOSITION: Carried
SUBJECT: ADJOURNMENT
RES. NO. 36 Moved by Mooser
Seconded by Warwick
RESOLVED that this Regular Session of Council adjourn at 5:15 p.m. to
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meet again on October 24, 2002.
DISPOSITION: Carried
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These minutes were adopted on the 14 day of November, 2002.
___________________________ ____________________________
Mayor Clerk