April 22, 2004 Council
M I N U T E S
OF THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGIN
WEST ELGIN COUNCIL CHAMBERS
APRIL 22, 2004
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 Acting Road Superintendent
John Ungar Drainage Superintendent
ALSO PRESENT:
Ted Halwa Planning Consultant
SUBJECT: PUBLIC MEETING
Council adjourned to hold a Public Meeting for the McKillop rezoning application and
resumed their Regular Session thereafter.
SUBJECT: WEST ELGIN VARIETY
263-265 GRAHAM ROAD, WEST LORNE
Also in attendance: Drainage Superintendent
The Drainage Superintendent reported that the drainage would not be changed with the
proposed relocation of the pumps.
The Planner noted that the owner now wishes to building a canopy over the new pumps,
however plans have not been submitted yet. It was suggested that professionally drawn
plans should be submitted and show all proposed structures as well as the on-site
drainage. Staff advised that a site plan should be approved by Council and registered
on title. Council has concerns about the drainage and agreed that a site plan
application should be submitted.
SUBJECT: PROPOSED SEVERANCE – PART OF LOT 14, CONCESSION XIV
(1273969 ONTARIO INC.)
Also in attendance: Dave & Wendy Dupuis
Council reviewed an application to sever an irregular parcel of land being 1.5 ha. from a
26.7 ha. parcel located on Part of Lot 8, Concession 14. It was noted that the parcel in
question is zoned TP, trailer park and is to added to the adjacent lands operated as
Lakewood Trailer Park. Council had no objections to the proposed severance subject to
the lands being merged in title.
April 22, 2004…Pg 2 of 7
DELEGATION: MARKO MALETIN RE: PROPOSED SEVERANCE –
LOT 15, CONCESSION XIII
The Planner presented a report regarding the proposed severance. The report
concluded that an Official Plan Amendment is required. Discussion took place
regarding the date of construction of a dwelling that is referred to in the Official Plan
surplus dwelling provisions. This date will be reviewed in conjunction with the Official
Plan review. Council referred this matter to the Planner for further review.
SUBJECT: GRAY LINE WATERLINE
Council reviewed a waiver to be signed by the property owners wishing to hook into the
new Gray Line waterline. The waiver as drafted was acceptable by Council.
SUBJECT: PROPOSED SEVERANCE, HELEN OKOLISAN
MAIN STREET, WEST LORNE
The Planner, using sound planning principles, presented a concept plan showing
proposed lots and a road for the lands south of Main Street, west of Maple Street to the
village boundary. This plan showed the extension of Maple Street to the former village
boundary. He noted that engineering; construction and the provisions of municipal
services are more cost effective for a longer piece of road that what was previously
discussed. Council agreed with the proposal, that staff inform the applicant in writing.
SUBJECT: PROPERTY STANDARDS BY-LAW
The Planner suggested Council consider a by-law under the Municipal Act, rather than
under the Building Code Act for outside issues; for example, grass, junk. The Deputy
Mayor enquired what was used to distinguish between farms and villages. The Planner
suggested that zones could be used. The complaint process would still continue.
Council directed that a draft by-law be prepared.
The Planner left the meeting.
SUBJECT: SILVER CLAY LINE DRAINAGE TENDERS
The following tenders were received for Silver Clay Line Drainage:
Streib Trucking Ltd. $ 51,964.00 plus taxes
Darrell Dick $ 25,876.00 plus taxes
The Acting Road Superintendent reported that the lower tenderer has provided
equipment and labour rates for the contingency for quicksand rather than a specified
amount.
RES. NO. 1 Moved by Balint
Seconded by Wiehle
RESOLVED that the Council of the Municipality of West Elgin accept the
tender from Darrell Dick in the amount of $25,876.00 plus GST for the
Silver Clay Line Drainage project.
DISPOSITION: Carried
April 22, 2004…Pg 3 of 7
SUBJECT: GRADER TENDERS
The following tenders were received for graders:
Tormont Caterpillar $258,353.00 plus GST
Champion $211,812.00 plus GST
Councillor Mooser requested a recorded vote.
RES. NO. 2 Moved by Wiehle
Seconded by Bodnar
RESOLVED that the Council of the Municipality of West Elgin accept the
tender from Champion Road Machinery Sales in the amount of
$211,812.00 plus GST for grader.
Bodnar yes Wiehle yes
Balint yes Warwick yes
Mooser no
DISPOSITION: Carried
SUBJECT: GRAY LINE CULVERT
The Acting Road Superintendent reported that he had contacted John Spriet and
Clayton Watters for advice. Three options will be considered to repair the culvert; being
to extend the culvert, lower the road or construct a retaining wall. Mr. Spriet will be
visiting the site next week.
SUBJECT: CONSIDERATION MEETING – MILLER DRAIN
Also in attendance: Dennis McCready, P. Eng., J. Martin Krebs, Helen Okolisan, Paul
VanVaerenbergh-Acting Road Superintendent, John Ungar-Drainage Superintendent.
RES. NO. 3 Moved by Mooser
Seconded by Wiehle
RESOLVED that Council consider the Engineer’s Report on the Miller
Drain.
DISPOSITION: Carried
The Clerk read correspondence from the Lower Thames Valley Conservation Authority,
with no objections.
The Engineer reported that John Krebs had submitted a petition under Section 78 of the
Drainage Act. The report was drafted and a meeting was held with the ratepayers on
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March 30. The ratepayers requested changes, which have been incorporated into the
report; being, disposal of spoil on Mr. Kreb’s property rather than hauling away, riprap at
outlets and grass buffer strips.
Questions from the ratepayers in attendance were matter of assessment, which will be
discussed at the Court of Revision.
RES. NO. 4 Moved by Mooser
Seconded by Wiehle
RESOLVED that the Engineer’s Report for the Miller Drain, be accepted
and the Clerk is instructed to draw up the necessary by-law.
DISPOSITION: Carried
April 22, 2004…Pg 4 of 7
DELEGATION: SEBASTIAN PELCZ RE: FREEMAN DRAIN
Also in attendance: John Ungar, Drainage Superintendent
Mr. Pelcz attended Council to complain about the Freeman Drain. The contractor has
left high piles of dirt and Mr. Pelcz feels that his land has not been left as it was before
the construction. He shouldn’t have to pay to level the dirt.
The Drainage Superintendent noted he has investigated the matter. The norm is that
the spoil is left in heaps and the farmers work it in. The farmers did not ask for the soil
to be hauled away, which would have been included in the drain costs. Further, Mr.
Pelcz has been given allowances and damages.
The Mayor noted that Mr. Pelcz is asking Council to go beyond the drain report, which
we cannot do.
DELEGATION: TONY WHYTE, STEVENSON & HUNT
RE: EMPLOYEE BENEFIT PLAN
Mr. Whyte provided an analysis of the group life, accidental death & dismemberment,
long-term disability, health and dental care benefits for the full-time employees of the
municipality. He provided a report outlining savings for changing three different
benefits.
RES. NO. 5 Moved by Balint
Seconded by Mooser
RESOLVED that Council renew the employee benefit plan as underwritten
by Manulife Financial as of May 1, 2004 with the following change:
1. change drug maximum to $10,000 per insured person.
DISPOSITION: Carried
SUBJECT: CORRESPONDENCE
1.* Canada Day Committee – request to waive fees
Instruction:
RES. NO. 6 Moved by Bodnar
Seconded by Wiehle
RESOLVED that Council of the Municipality of West Elgin authorize the
waiving of rental fees for the use of the West Elgin Community Centre on
July 1, 2004 for the Canada Day Celebrations.
DISPOSITION: Carried
2.* Rodney Aldborough Agricultural Society re: Fall Fair Beer Garden
Instruction:
RES. NO. 7 Moved by Bodnar
Seconded by Mooser
RESOLVED that Council of the Municipality of West Elgin has no
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objections to a “Beer Garden” being held on September 17, 2004 from 7
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to 12 pm and on September 18, 2004 from 9 to 12 pm in conjunction with
the Fall Fair being organized by the Rodney Aldborough Agricultural
Society.
DISPOSITION: Carried
April 22, 2004…Pg 5 of 7
3.* Rodney Aldborough Agricultural Society – request for donation
RES. NO. 8 Moved by Bodnar
Seconded by Balint
RESOLVED that Council of the Municipality of West Elgin authorize the
Rodney Aldborough Agricultural Society use the wall space in the meeting
room of the Rodney Recreation Centre to display photographs of
Queen/Ambassadors of previous Fall Fairs.
AND FURTHER BE IT RESOLVED that Council approve the donation of
$500.00 to cover expenses of displaying the photographs.
AND FURTHER BE IT RESOLVED that Council approve the donation of $
2500.00 for expenses related to a Fireworks Display for the 150 Year.
DISPOSITION: Carried
4. Municipal Waste Integration Network (mwin) – Annual Conference, Markham,
June 9-11, 2004.
Instruction: File
RES. NO. 9 Moved by Balint
Seconded by Bodnar
RESOLVED that the correspondence be dealt with as per the instruction of
Council as noted.
DISPOSITION: Carried
SUBJECT: EXTENSION OF AGREEMENT – VANRAES/SACHER
Council considered a request for extension of an agreement to permit three kilns to
remain on Part of Lot 2, Concession 11. This agreement originated as a condition of
severance in 1997. Council agreed that an additional deposit be required for a three-
year extension.
RES. NO. 10 Moved by Mooser
Seconded by Bodnar
RESOLVED that Council require an additional deposit of $2,000.00 for the
remaining kilns as per agreement with Vanraes/Sacher.
DISPOSITION: Carried
SUBJECT: BY-LAW 2004-31 – ZONE AMENDMENT (McKILLOP)
PART LOT 17, CONCESSION XII
RES. NO. 11 Moved by Mooser
Seconded by Bodnar
RESOLVED that the mover be granted leave to introduce a By-law to
amend Township of Aldborough Zoning By-law No. 90-50, to change the
zoning of lands in Part of Lots 17, Concession XII, from the Agricultural
(A1) Zone to the Special Agricultural (A2) Zone, to the “site-specific”
Agricultural (A1-48) Zone and to the “site-specific” (A1-49) zone, and that
this shall be the first and second reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 12 Moved by Balint
Seconded by Mooser
RESOLVED that a by-law to amend The Township of Aldborough Zoning
By-law No. 90-50 to change the zoning of lands in Part of Lot 17,
Concession XII, from the Agricultural (A1) Zone to the Special Agricultural
(A2) Zone, to the “site-specific” Agricultural (A1-48) Zone and to the “site-
specific” Agricultural (A1-49) Zone and shall now be read a third time and
April 22, 2004…Pg 6 of 7
finally passed, signed, sealed and numbered – By-law Number 2004-31 –
Zone Amendment – D & B McKillop
DISPOSITION: Carried
SUBJECT: BY-LAW 2004-32 – AGREEMENT WITH MUNICIPALITY OF DUTTON-
DUNWICH (ARENA)
RES. NO. 13 Moved by Balint
Seconded by Bodnar
RESOLVED that the mover be granted leave to introduce a by-Law to
authorize the execution of an agreement with the Municipality of Dutton-
Dunwich and this shall be the first and second reading and provisional
adoption thereof.
DISPOSITION: Carried
RES. NO. 14 Moved by Bodnar
Seconded by Wiehle
RESOLVED that a by-law to authorize the execution of an agreement with
the Municipality of Dutton-Dunwich be now read a third time and finally
passed, signed, sealed and numbered By-law Number 2004-32 –
Agreement with Dutton-Dunwich (Arena)
DISPOSITION: Carried
SUBJECT: APPLICATION FOR TRILLIUM FUNDING – RODNEY & DISTRICT
HORTICULTURAL SOCIETY
RES. NO. 15 Moved by Bodnar
Seconded by Balint
RESOLVED that Council of the Corporation of the Municipality of West
Elgin supports the Rodney & District Horticultural Society application for
Trillium funding for various projects in Rodney.
DISPOSITION: Carried
SUBJECT: TRANS CANADA TRAIL
Councillor Balint reported that she had attended a meeting in Ridgetown, which
provided an update on the Trans Canada Trail. She noted that Chatham-Kent has now
joined and are planning to register a trail through their municipality.
SUBJECT: COMMUNITY POLICING ADVISORY COUNCIL FORUM 2004
Councillor Bodnar requested Council support to attend this year’s Community Policing
Advisory Council Forum. She attended last year’s forum, which was very informative.
RES. NO. 16 Moved by Mooser
Seconded by Wiehle
RESOLVED that Council authorize Mary Bodnar and one volunteer
member of the Police Committee to attend Forum 2004 of Community
Policing Advisory Council of Ontario in Barrie, June 4 – 6 2004.
DISPOSITION: Carried
April 22, 2004…Pg 7 of 7
SUBJECT: CONFIRMATION BY-LAW
RES. NO. 17 Moved by Balint
Seconded by Mooser
RESOLVED that the mover be granted leave to introduce a By-Law to
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confirm the proceedings of the meeting of Council held on April 22, 2004
and this shall be the first and second reading and provisional adoption
thereof.
DISPOSITION: Carried
RES. NO. 18 Moved by Wiehle
Seconded by Balint
RESOLVED that a By-law to confirm the proceedings of the meeting of
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Council held on April 22, 2004 be now read a third time and finally
passed, signed, sealed and numbered By-law Number 2004-33 –
Confirming By-law April 22 2004.
DISPOSITION: Carried
SUBJECT: ADJOURNMENT
RES. NO. 19 Moved by Mooser
Seconded by Wiehle
RESOLVED that this Regular Meeting of Council shall adjourn at 4:20 p.m.
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to meet again on May 13, 2004.
DISPOSITION: Carried
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These minutes were adopted on May 13, 2004
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___________________________ _______________________________
MAYOR CLERK