November 25, 2004 Council
M I N U T E S
OF THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGIN
WEST ELGIN COUNCIL CHAMBERS
NOVEMBER 25, 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 Roads Superintendent
Council adjourned to hold a Public Meeting for the Jasinskas rezoning application and
resumed their Regular Session thereafter.
SUBJECT: ROAD ALLOWANCE BETWEEN LOTS 14 & 15, CONCESSION VI
The Clerk reported that the surveyor for Mr. Jasinskas has determined that there is an
unopened road allowance between Lots 14 and 15, Concession 6. As a result Mr.
Jasinskas did not need to go through the severance process, however he is willing to
have the lands rezoned and proceed. Since this road allowance is not being used and
Colley Road is located on the east side of Lot 15, it is suggested that this road
allowance is not necessary and could be closed and transferred to Mr. Jasinskas as the
owner of Lot 15. The Clerk further reported that there is a process to follow, which
includes circulation and public notice.
RES. NO. 1 Moved by Mooser
Seconded by Bodnar
RESOLVED that Council of the Corporation of the Municipality of West
Elgin declares the portion of the road allowance between Lots 14 and 15,
north part of Concession 6 be declared surplus and the road closed,
AND FURTHER BE IT RESOLVED that the lands be transferred to the
adjacent owner of Lot 15, Vytautas Jasinskas;
AND FURTHER that the subject land be sold for $1.00 plus all legal,
advertising and other costs related to the closure.
DISPOSITION: Carried
SUBJECT: BY-LAW 2004-84 – DEEMING BY-LAW (JA ROSS)
RES. NO. 2 Moved by Balint
Seconded by Bodnar
RESOLVED that the mover be granted leave to introduce a By-Law to
deem part of Registered Plan 72 not to be a plan of subdivision and this
shall be the first and second reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 3 Moved by Bodnar
Seconded by Balint
November 25, 2004…Pg 2 of 7
RESOLVED that a By-law to deem part of Registered Plan 72 not to be a
plan of subdivision be now read a third time and finally passed, signed,
sealed and numbered By-law Number 2004-86 – Deeming By-law (JA
Ross)
DISPOSITION: Carried
SUBJECT: SEVERANCE APPLICATION E111/04 (JA ROSS)
Councillor Mooser requested a recorded vote.
RES. NO. 4 Moved by Balint
Seconded by Wiehle
WHEREAS the Elgin County Land Division Committee approved an
application for consent to sever for property owned by JA Ross & Sons for
lands in the former Village of West Lorne (file E111/04)
AND WHEREAS Council supported the subject application subject to a
number of conditions on October 14, 2004.
THEREFORE BE IT RESOLVED THAT the conditions have been satisfied
as follows:
1. Reference Plan 11R-8219 shows the lot line on the conveyed lot
to include a 10-foot strip on the east side of the building.
2. That a sign indicating “Entrance Only” has been erected on the
retained building.
3. That the existing barrier has been removed.
4. That the garage is not required to be removed.
5. Council passed deeming by-law 2004-84 and an undertaking
has been received from the applicant’s solicitor to register the
deeming by-law on title prior to registering the transfer/deed.
6. Same as #5
Recorded Vote:
Bodnar Yes Wiehle Yes
Balint Yes Warwick Yes
Mooser No
DISPOSITION: Carried
SUBJECT: OMB APPEAL – ZONING BY-LAW 2003-85 (FORDHAM MOTORS)
The Clerk reported that the Notice of Decision of the Ontario Municipal Board has been
received and the appeal has been dismissed.
SUBJECT: COUNTY OF ELGIN ROAD STUDY UPDATE
Also in attendance: Road Superintendent
Council reviewed a memorandum from the Road Superintendent indicating his
arguments against the municipality assuming County roads. Council agreed with the
memorandum presented and directed that a letter be forwarded to the County.
SUBJECT: CORRESPONDENCE
1.* Four Counties Health Foundation – request for donation for Christmas campaign
Instruction: File
2.* AMO Alert – launch of COMRIF program
Instruction: See discussion below
November 25, 2004…Pg 3 of 7
SUBJECT: APPLICATION UNDER CANADA-ONTARIO MUNICIPAL RURAL
INFRASTRUCTURE FUND (COMRIF) PROGRAM
The Administrator/Treasurer reported that the application deadline for Intake 1 is
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January 10, 2005, however applications will be accepted as of December 15 on a first
come first served basis. The applications should be based on a health and safety
concern. It is being suggested that the following projects be included:
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Waterline from Southwest Middlesex to Beattie Haven
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Looping of our waterlines
?
Waterline extension to Queen Street and Thames River
OCWA has suggested that projects including the water treatment plant (WTP)
expansion can be included in one application. Council agreed to include the WTP
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subject to Tri-County approval, which will be discussed on November 29.
RES. NO.5 Moved by Mooser
Seconded by Balint
RESOLVED that Council authorize OCWA – Project Management and
Stantec to proceed with an application under COMRIF – water system
improvements.
DISPOSITION: Carried
SUBJECT: BY-LAW 2004-88 – ZONE AMENDMENT (JASINSKAS)
RES. NO. 6 Moved by Balint
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 12 to 15, Concession 6, from the
Agricultural (A1) Zone to the “site-specific” Agricultural (A1-53) Zone, and
that this shall be the first and second reading and provisional adoption
thereof.
DISPOSITION: Carried
RES. NO. 7 Moved by Bodnar
Seconded by Balint
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 s 12 to 15,
Concession 6, from the Agricultural (A1) Zone to the “site-specific”
Agricultural (A1-53) Zone and shall now be read a third time and finally
passed, signed, sealed and numbered By-law Number 2004-88 –Zone
Amendment – Jasinskas
DISPOSITION: Carried
SUBJECT: BY-LAW 2004-89 – HIRING POLICIES
RES. NO. 8 Moved by Mooser
Seconded by Wiehle
RESOLVED that the mover be granted leave to introduce a By-Law to
adopt hiring policies and this shall be the first and second reading and
provisional adoption thereof.
DISPOSITION: Carried
November 25, 2004…Pg 4 of 7
RES. NO. 9 Moved by Wiehle
Seconded by Mooser
RESOLVED that a By-law to adopt hiring policies. be now read a third time
and finally passed, signed, sealed and numbered By-law Number 2004-89
– Hiring Policies
DISPOSITION: Carried
SUBJECT: BY-LAW 2004-90 – EMERGENCY RESPONSE PLAN
RES. NO. 10 Moved by Wiehle
Seconded by Mooser
RESOLVED that the mover be granted leave to introduce a By-Law to
formulate a plan for the protection of property, health, safety and welfare of
the inhabitants of an emergency area and this shall be the first and second
reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 11 Moved by Mooser
Seconded by Wiehle
RESOLVED that a By-law to formulate a plan for the protection of
property, health, safety and welfare of the inhabitants of an emergency
area be now read a third time and finally passed, signed, sealed and
numbered By-law Number 2004-90 – Emergency Response Plan
DISPOSITION: Carried
SUBJECT: BY-LAW 2004-92 – AGREEMENT WITH PROVINCE & SACHER
RE: FIRE TRAINING
RES. NO. 12 Moved by Bodnar
Seconded by Balint
RESOLVED that the mover be granted leave to introduce a By-Law to
enter into an agreement between the Municipality of West Elgin, the
Province of Ontario and August Sacher and this shall be the first and
second reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 13 Moved by Mooser
Seconded by Bodnar
RESOLVED that a By-law to enter into an agreement between the
Municipality of West Elgin, the Province of Ontario and August Sacher be
now read a third time and finally passed, signed, sealed and numbered
By-law Number 2004-92 – Agreement – Sacher (fire training)
DISPOSITION: Carried
SUBJECT: RESERVE FUNDS
RES. NO. 14 Moved by Balint
Seconded by Mooser
RESOLVED that the Reserve Accounts for water and sewage be
transferred to “Reserve Funds” and will accumulate interest at the rate the
municipality earns from the bank and that the general ledger accounts
affected are as follows:
Rodney Waterlines 270.022.000
Tri-County Capital 270.023.000
Tri-County Operating 270.024.000
Rodney Sewage 270.030.000
West Lorne Sewage 270.031.000
November 25, 2004…Pg 5 of 7
West Lorne Waterlines 270.032.000
DISPOSITION: Carried
DELEGATION: BRYCE SIBBICK, FRANK COWAN COMPANY
RE: 2005 MUNICIPAL INSURANCE PROGRAM
Mr. Sibbick reviewed the 2005 insurance for the municipality noting an overall increase
of 1.3%. He noted that clients with good claims experience and a reasonable deductible
would see this kind of increase in the future.
Discussion took place regarding which committees were covered under the municipal
policy. It was determined that the community policing committee should be included.
Mr. Sibbick enquired if staff and council would be interested in a risk management
seminar? Council agreed that this would be beneficial.
Discussion regarding changing the deductible from $2500 to $5000 per occurrence took
place. The savings would be $4843.00 Council decided to leave the deductible as is.
RES. NO. 15 Moved by Mooser
Seconded by Wiehle
RESOLVED that Council of the Municipality of West Elgin accept the 2005
insurance program presented by Frank Cowan Company.
DISPOSITION: Carried
SUBJECT: COURT OF REVISION – THOMPSON DRAIN
RES. NO. 16 Moved by Wiehle
Seconded by Mooser
RESOLVED that the members of the Court of Revision on the Thompson
Drain be as follows:
Chairman: Trudy Balint
Members: Mary Bodnar, Graham Warwick, Mike Mooser, Bernie
Wiehle
DISPOSITION: Carried
Council adjourned to hold a Court of Revision on the Thompson Drain and resumed
their meeting thereafter.
SUBJECT: SIXTEEN MILE CREEK BRIDGE
Also Present: John M. Spriet
Council reviewed correspondence from J.M. Spriet regarding repair to the existing
bridge on Sixteen Mile Creek. Mr. Spriet reviewed the process required for an
application to the Transport Canada under the Navigable Waters legislation. Costs are
definitely increased to gain this approval and further the clearance of the bridge has to
be increased. He has estimated a construction cost of $29,600 for materials only for
the revised bridge design. The total engineering for red tape and bridge design is
estimated at $24,500, of which $16,000 has already been expensed.
After discussion Council decided to complete the Class EA and put on hold the
application under Navigable Waters legislation.
November 25, 2004…Pg 6 of 7
DELEGATION: KEITH FRETTER, CHAIR ECONOMIC DEVELOPMENT COMMITTEE
WEST ELGIN CHAMBER OF COMMERCE
Mr. Fretter presented a business plan for Economic Development as requested by
Council.
The Mayor asked if the business plan was specific enough for Council? The Deputy
Mayor stated that this plan was a good starting point but was short on specifics. Mr.
Fretter said this was just a budget; need the go-ahead to develop further.
Discussion arose regarding options for paying expenses under this budget. Council has
set aside $20,000 in the 2004 municipal budget.
Staff support for this project was also discussed. Mr. Fretter noted that the municipality
has the information they need. The Mayor noted that the Planner has documents that
they could review.
RES. NO. 17 Moved by Balint
Seconded by Mooser
RESOLVED that Council approves a process whereby the Chamber of
Commerce Chair and Treasurer approve expenditures for the Economic
Development program and then are submitted to the municipal Treasurer
for payment. All expenditures shall follow the purchasing policy.
DISPOSITION: Carried
DELEGATION: RON MERVIS, AMTELECOM
Mr. Mervis reported that the West Lorne water tower is a critical location in their
provision of high speed internet for the western part of Elgin County. It will be a wireless
to multi-point system. A draft agreement for the use of the water tower has been
reviewed by staff and is being presented today.
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It is anticipated that the equipment will be in the water tower by December 1, fibre optic
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will be laid to West Lorne by December 10, with testing to occur December 17.
In recognition of our participation in the Elgin Connects project and placement of the
fibre optic on West Elgin road allowance, Amtelecom is providing, at no charge, a
courtesy account for an initial five-year period.
SUBJECT: BY-LAW 2004-91 – AGREEMENT WITH AMETELECOM
USE OF WEST LORNE WATER TOWER
RES. NO. 18 Moved by Balint
Seconded by Bodnar
RESOLVED that the mover be granted leave to introduce a By-Law to
enter into an agreement with Amtelecom Cable Inc. and this shall be the
first and second reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 19 Moved by Mooser
Seconded by Wiehle
RESOLVED that a By-law to enter into an agreement with Amtelecom
Cable Inc. be now read a third time and finally passed, signed, sealed and
numbered By-law Number 2004-91 – Agreement with Amtelecom Inc.
DISPOSITION: Carried
November 25, 2004…Pg 7 of 7
SUBJECT: CLOSED SESSION
RES. NO. 20 Moved by Bodnar
Seconded by Wiehle
RESOLVED that the Council of the Municipality of West Elgin adjourn to a
closed session to discuss personal matters about an identifiable individual
and labour relations or employee negotiations.
DISPOSITION: Carried
RES. NO. 21 Moved by Wiehle
Seconded by Mooser
RESOLVED that the Council of the Municipality of West Elgin do now rise.
DISPOSITION: Carried
SUBJECT: CONFIRMATION BY-LAW
RES. NO. 22 Moved by Balint
Seconded by Bodnar
RESOLVED that the mover be granted leave to introduce a By-Law to
confirm the proceedings of the meeting of Council held on November 25,
2004 and this shall be the first and second reading and provisional
adoption thereof.
DISPOSITION: Carried
RES. NO. 21 Moved by Bodnar
Seconded by Balint
RESOLVED that a By-law to confirm the proceedings of the meeting of
Council held on November 25, 2004 be now read a third time and finally
passed, signed, sealed and numbered By-law Number 2004-93 –
Confirming By-law November 25 2004.
DISPOSITION: Carried
SUBJECT: ADJOURNMENT
RES. NO. 22 Moved by Mooser
Seconded by Wiehle
RESOLVED that this Regular Meeting of Council shall adjourn at 5:00 p.m.
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to meet again on December 9 2004.
DISPOSITION: Carried
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These minutes were adopted on December 9, 2004
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___________________________ _______________________________
MAYOR CLERK