January 22, 2004 Council
M I N U T E S
OF THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGIN
WEST ELGIN COUNCIL CHAMBERS
JANUARY 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
Lorne McLeod CBO
ALSO PRESENT:
Ted Halwa Planning Consultant
SUBJECT: PUBLIC MEETING
Council adjourned to hold a Public Meeting for the Kieraszewicz rezoning application
and resumed their Regular Session thereafter.
SUBJECT: PROPOSED SEVERANCE – PART LOT 14, CONCESSION IX (DEWULF)
Council reviewed a proposed severance of 288 feet by 192 feet lot from a 72-acre
parcel fronting on Pioneer Line for retirement purposes. The application is in conformity
with the Official Plan, however the lot size was questioned. Council determined that the
lot size does not meet the requirements of an RR3 zone. A lot size of 223 feet frontage
and 192 feet deep would comply. The Clerk was directed to advise the applicant of the
lot size requirements and that the application would be subject to the usual conditions
including no residential development being permitted on the retained portion.
SUBJECT: OFFICIAL PLAN/ZONING BY-LAW
Council reviewed a report by the Planner and agreed to schedule a special planning
meeting to brief the new members of Council on the background study for the new
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Official Plan. This meeting was scheduled for February 19 at 9:30 a.m.
SUBJECT: PORT GLASGOW HARBOUR PLAN
Council reviewed a report by the Planner. The Planner noted that the obstacle is the
availability of suitable topographical mapping. He reported that the area would have to
be flown to get the scale we need. The Mayor noted that Council had previously agreed
that a master plan for the Port Glasgow waterfront area was needed, rather than doing
construction on an ad hoc basis. Council directed the Planner to get quotations on
aerial photography for the municipal and marina property.
January 22, 2004…Pg. 2 of 6
SUBJECT: CLOSED SESSION
RES. NO. 1 Moved by Mooser
Seconded by Bodnar
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. 2 Moved by Mooser
Seconded by Wiehle
RESOLVED that the Council of the Municipality of West Elgin do now rise
and report.
DISPOSITION: Carried
SUBJECT: APPEALS TO ONTARIO MUNICIPAL BOARD
RES. NO. 3 Moved by Mooser
Seconded by Wiehle
RESOLVED that the Municipality defend its position against any appeals
lodged to amendments to its Official Plans or Zoning By-laws at its cost
with the exception of any zoning by-law amendment condition to a consent
being granted. Defense against all other planning-related appeals to be
decided by Council on a case by case basis.
DISPOSITION: Carried
RES. NO. 4 Moved by Balint
Seconded by Bodnar
RESOLVED that Council exempts application to rezone by 743484 Ontario
Inc. from By-law 2002-50 – deposit of $2000.00 for appeal to OMB.
DISPOSITION: Carried
SUBJECT: ACCOUNTS
RES. NO. 5 Moved by Mooser
Seconded by Wiehle
RESOLVED that the Mayor and Administrator/Treasurer be and they are
hereby authorized to sign Payment Voucher #1A amounting to
$449,378.99, in settlement of General, Road, Water and Arena Accounts
(including cheques #8690 - 8812 and #8853 - 8696 plus
General/Road/Water payroll).
DISPOSITION: Carried
RES. NO. 6 Moved by Balint
Seconded by Bodnar
RESOLVED that the Mayor and Administrator/Treasurer be and they are
hereby authorized to sign Payment Voucher #1 amounting to $53,555.27,
in settlement of General, Road, Water and Arena Accounts (including
cheques #8813-8819, 8838-8852, and 8997-9033.)
DISPOSITION: Carried
DELEGATION: DOUG GRAHAM, HARRY MEZENBERG, LIZ MCNEIL
WEST ELGIN COMMUNITY HEALTH CENTRE
Also in attendance: Lorne McLeod
Mr. Mezenberg reported to Council that they were appearing before Council to discuss
three matters; being the sidewalk, power generator and upgrade of parking for staff.
January 22, 2004…Pg. 3 of 6
Regarding the sidewalk, as the hydro guide wires were in the way of the proposed
sidewalk they are asking Council to exempt that requirement. They don’t need a
sidewalk for their building but if Council wants the sidewalk they will have it installed.
They will contact Hydro One to move the guide wires.
Mr. Mezenberg then noted they felt Council had agreed to trade-off the roadway for
lands on the north side of the building to be used for staff parking. They don’t require
ownership but are requesting a long-term easement for parking so that they can be
assured of parking in the future.
The Board has decided to purchase a generator for emergency use. It will be powerful
enough to service their building and the facilities in it, such as showers, kitchen, and
washrooms. Mr. Mezenberg suggested that Council include this facility in their
emergency plan and further asked if there is any funding available under emergency
management programs. The Administrator/Treasurer reported that there might be
grants available under the JEPP program for 2005.
Council expressed their desire to have the sidewalk installed to provide for future
connection along the street. Doug Graham reported that they have had discussions
with Hydro One and the guide wires can be moved. Regarding the easement for
parking purposes, the Health Centre was requested to have a plan drawn showing the
size required and bring back for Council review.
DELEGATION: DEAN DONALDSON, OMAF
RE: NUTRIENT MANAGEMENT ACT
Also in attendance: Lorne McLeod, Ted Halwa
Mr. Donaldson presented an overview of the Nutrient Management Act, its regulations
and protocols. The Act uses nutrient units as the measuring tool. As of September 30,
2003 approvals are required for new operations greater than 5 and less than 150
nutrient units. These plans can be reviewed by the municipality or by OMAF if
requested by the municipality. New operations from 150 to 300 nutrient units require
approval by OMAF. New and expanding operations greater than 300 units require
approval of OMAF. Under Section 61(1) of the Act, the regulations supersede a
municipal by-law, if the same subject matter is addressed in the regulation. Ministry of
Environment is responsible for monitoring, compliance and enforcement. OMAF
nutrient management specialists provide assistance/advice to producers in the
preparation of their plans/strategies.
Mr. Donaldson reported he had reviewed West Elgin’s By-law 2001-04. The following
are sections which the Act and the municipal by-law address similar subject matter:
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Land ownership
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Livestock units vs. nutrient units
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Qualifications of approvers of plan
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Requirement for preparation of plan
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Enforcement and inspection
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Method of calculating storage capacity
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Incorporation requirements
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Restrictions on application
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Construction standards
Mr. Donaldson further noted that MDS and MDS II is not part of the Act.
The Planner left the meeting.
January 22, 2004…Pg. 4 of 6
SUBJECT: REPORT FROM THE CHIEF BUILDING OFFICIAL
The Chief Building Official reviewed a report outlining the number of permits, value of
permit and associated costs for 2002 and 2003. He noted that time spent on
emergency planning has not been allocated to a separate budget. The suggested
amount of $5,000 to be allocated to emergency planning would still leave a deficit.
Further, the costs for emergency planning in 2004 could be double of that in 2003.
Discussion arose whether building permit fees should be increased. The CBO is to
investigate fees in other municipalities and report back to Council.
SUBJECT: BILL 124
The Chief Building Official provided Council with a summary of implications of Bill 124.
Bill 124 is effective July 1, 2005 and makes changes to the building code. It requires
municipalities to have qualified employees, to comply existing CBOs will be required to
take further education, option to farm out to registered code agencies (must be
educated and take examinations also). There will be additional costs incurred in 2004
and 2005 for education. As of July 1, 2005 fee changes will be required to provide a
rationale to justify fees and hold a public meeting.
The CBO reported that he and Doug Mitten are in the process of submitting their
qualifications to the province. The province will in turn review and advise what they
need to comply with the new legislation. Options are available, for instance for a
project such as the Health Centre the municipality could farm out if inspectors are not
qualified. The province does not recognize OBOA training nor is internship acceptable.
On the job training is not acceptable, must be trained prior to hiring.
SUBJECT: EMERGENCY MANAGEMENT
The Chief Building Official in his capacity Community Emergency Management
Coordinator (CEMC) reported on the progress to date. Community risk profile has been
prepared for the county and ours is completed and will be submitted to province once
reviewed by Emergency Management Ontario (EMO) staff. A program committee has
been established. Our emergency response plan needs to be updated. We have an
emergency operation centre. Critical infrastructure identification is part of work at
county. County will provide two trainers. Annual exercise to be completed by
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December 31. Emergency information staff need to be identified and trained. A flyer
will be sent out with taxes to satisfy the public awareness program for this year. An
annual review of the above must be submitted to EMO.
SUBJECT: CORRESPONDENCE
1. R.J. O’Connor re: West Elgin Community Policing Committee
Instruction: file
2.* Harvey and Ruth Newport re: Newport Drain
Instruction:
RES. NO. 7 Moved by Wiehle
Seconded by Mooser
RESOLVED that Council of the Municipality of West Elgin directs R.J.
Burnside & Associates to prepare a report under Section 40 of the
Drainage Act for the Newport Drain.
DISPOSITION: Carried
January 22, 2004…Pg. 5 of 6
3.* Employees of Bobier Villa – winter snow removal
The Acting Road Superintendent presented a draft response for Council to
review. Council noted that the letter was not signed; if the letter is signed a
response can be issued.
* Information enclosed
RES. NO. 8 Moved by Balint
Seconded by Bodnar
RESOLVED that the correspondence be dealt with as per the instruction of
Council as noted.
DISPOSITION: Carried
SUBJECT: BY-LAW 2004-05 – EMPLOYEE REMUNERATION
RES. NO. 9 Moved by Mooser
Seconded by Balint
RESOLVED that the mover be granted leave to introduce a By-Law to set
rates of remuneration and expenses for municipal official and employees
for the calendar year 2004 and this shall be the first and second reading
and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 10 Moved by Balint
Seconded by Mooser
RESOLVED that a By-law to set rates of remuneration and expenses for
municipal official and employees for the calendar year 2004 be read a third
time and finally passed, signed, sealed and numbered By-law Number
2004-05 – Employee Remuneration
DISPOSITION: Carried
SUBJECT: BY-LAW 2004-06 – COUNCIL REMUNERATION
RES. NO. 11 Moved by Bodnar
Seconded by Wiehle
RESOLVED that the mover be granted leave to introduce a By-Law to
provide for remuneration for members of Council and this shall be the first
and second reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 12 Moved by Wiehle
Seconded by Bodnar
RESOLVED that a By-law to provide for remuneration for members of
Council be now read a third time and finally passed, signed, sealed and
numbered By-law Number 2004-06 – Council Remuneration
DISPOSITION: Carried
SUBJECT: BY-LAW 2004-07 - ZONE AMENDMENT – A & L KIERASZEWICZ
PART OF LOT D, CONCESSION VIII
RES. NO. 13 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 Lot D, Concession VIII, from the Agricultural (A1)
Zone to the “site-specific” Agricultural (A1-38) Zone and “site-specific”
January 22, 2004…Pg. 6 of 6
Special Agricultural (A2-17) Zone, and that this shall be the first and
second reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 14 Moved by Bodnar
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 D,
Concession VIII, from the Agricultural (A1) Zone to the “site-specific”
Agricultural (A1-38) Zone and “site-specific” Special Agricultural (A2-17)
Zone, and shall now be read a third time and finally passed, signed,
sealed and numbered – By-law Number 2004-07 – Zone Amendment – A
& L Kieraszewicz
DISPOSITION: Carried
SUBJECT: GRAHAM ROAD WATER LINE
Councillor Mooser suggested to Council that a meeting be set up with the Mayor and
Deputy Mayor of the Municipality of Southwest Middlesex to discussion connection to
their waterline on Graham Road. Council agreed and gave direction that the Mayor and
Councillor Mooser would represent the municipality.
SUBJECT: CONFIRMATION BY-LAW
RES. NO. 15 Moved by Balint
Seconded by Bodnar
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 January 22,
2004 and this shall be the first and second reading and provisional
adoption thereof.
DISPOSITION: Carried
RES. NO. 16 Moved by Bodnar
Seconded by Wiehle
RESOLVED that a Bylaw to confirm the proceedings of the meeting of
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Council held on January 22, 2004 be now read a third time and finally
passed, signed, sealed and numbered By-law Number 2004-08 –
Confirming By-law January 22 2004.
DISPOSITION: Carried
SUBJECT: ADJOURNMENT
RES. NO. 17 Moved by Mooser
Seconded by Balint
RESOLVED that this Regular Meeting of Council shall adjourn at 5:10 p.m.
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to meet again on February 12, 2004.
DISPOSITION: Carried
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These minutes were adopted on February 12, 2004
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___________________________ _______________________________
MAYOR CLERK