September 09, 2004 Council
M I N U T E S
OF THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGIN
WEST ELGIN COUNCIL CHAMBERS
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SEPTEMBER 9, 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
Lloyd Jarvis Water Superintendent
DECLARATION OF PECUNIARY INTEREST:
None
SUBJECT: MINUTES
RES. NO. 1 Moved by Bodnar
Seconded by Wiehle
RESOLVED that the minutes of the meetings held on the following dates
be adopted as printed and circulated.
August 12, 2004 Council
August 26, 2004 Council
DISPOSITION: Carried
DELEGATION: MIKE MULHERN RE: WATERLINE TO QUEEN STREET
Mr. Mulhern, speaking on behalf of ratepayers on Queens Line, asked what the status is
on their petition for water line on Queens Line. The Administrator/Treasurer reported
that staff have been working behind the scene on property matters relating to the
extension of waterline to Queens Line and its route. After this is finalized, an engineer
will proceed with the design and submit to the Ministry of Environment for approval. We
are anticipating a C of A by early spring, and then construction can begin. The Water
Superintendent will be approaching each property owner over the winter regarding the
costs.
The Water Superintendent reported that connection to the existing line to Glencoe has
been denied by Southwest Middlesex so an alternate was needed. The proposed line
will be an extension from the Finney Street waterline. Further, the municipality has been
replacing private waterlines to provide safe clean drinking water to ratepayers. There is
no cost to those on a private line when a new line is built. It is voluntary for new users
whether they wish to hook-up.
Mr. Mulhern thanked Council for the information provided and they are very pleased that
there is a time line.
September 9, 2004…Pg 2 of 8
SUBJECT: WATER REPORT
The Water Superintendent presented his monthly report. He further reported that there
has been no progress regarding an agreement with Southwest Middlesex to hook into
their waterline for Beattie Haven. He reported that the Ministry of Environment (MOE)
representative noted a concern with maintaining the dead ends in our waterlines. The
MOE is now getting involved with water distribution systems and will entail more
paperwork for staff.
SUBJECT: ROADS REPORT
The Road Superintendent presented his monthly report. Regarding salt management
program there is a course in London for Supervisors and Patrollers and is
recommending that the Roads Foreman attend, Council agreed.
Councillor Mooser enquired if the grass at entrances to the villages could be cut more
often? The Road Superintendent reported that with the new mower, grass is being cut
more frequently and they will try to do these areas more often. Safety is the concern in
the fall; intersections on concession roads are a priority.
SUBJECT: CLOSED SESSION
RES. NO. 2 Moved by Balint
Seconded by Bodnar
RESOLVED that the Council of the Municipality of West Elgin adjourn to a
closed session to discuss:
Personal matters about an identifiable individual;
A proposed or pending acquisition or disposition of land;
Litigation or potential litigation.
DISPOSITION: Carried
RES. NO. 3 Moved by Wiehle
Seconded by Mooser
RESOLVED that the Council of the Municipality of West Elgin do now rise
and report.
DISPOSITION: Carried
(See By-law 2004-63)
SUBJECT: RECREATION REPORT
The Recreation Superintendent was not in attendance. Council reviewed his monthly
report.
The Mayor enquired about any proposals for the grandstand. Councillor Balint reported
that the Recreation Committee has discussed this matter and note that major repairs are
needed. Vandalism is an issue. The Recreation Committee will be discussing the
grandstand repairs with the Fair Board. The Deputy Mayor noted that the use of the
grandstand should be discussed with the service clubs to increase its usage.
SUBJECT: “NO TRESPASSING” BY-LAW
The Clerk reported that the OPP has requested the municipality to enact a “No
Trespassing” by-law for all municipal properties so that they can enforce it. Council
directed staff to bring forward a new by-law covering all municipal property.
September 9, 2004…Pg 3 of 8
SUBJECT: BUILDING DEPARTMENT
The Chief Building Official was not in attendance. Council reviewed his monthly report
for August. In August, seven permits were issued totalling $371,000 worth of
construction.
SUBJECT: BETHEL PARK
The Clerk reported that Bethel Park is proposing the construction of a 28’ X 50’ X 10‘
storage building to replace the existing storage buildings. They are requesting an
exemption for site plan approval for this construction.
RES. NO. 4 Moved by Balint
Seconded by Bodnar
RESOLVED that Council of the Municipality of West Elgin exempt Ontario
Bethel Park from site plan approval for a 28’X50’X10’ storage building.
DISPOSITION: Carried
SUBJECT: DRAINAGE APPORTIONMENT - KRZYWORASCZKA
RES. NO. 5 Moved by Mooser
Seconded by Wiehle
RESOLVED that the Council approves the agreement on share of
drainage assessment on the Scheihauf Drain as requested by S & I
Krzyworasczka under Section 65 (6) of the Drainage Act.
1982 REPORT: New Assessment
Concession 9 Pt. Lot 16 6.2 ha. (060-075) 8.8 ha. (060-
07201)
Benefit - $0 Benefit - $0 Benefit - $0
Outlet - $445.00 Outlet - $184.00 Outlet -
$261.00
1982 REPORT:
Original Assessment
Concession 9 Pt. Lot 16 (060-075)
Benefit - $0
Outlet - $184.00
New Assessment
5.52 ha. 0.30 ha. 0.19 ha. 0.19 ha.
Benefit - $0 Benefit - $0 Benefit - $0 Benefit - $0
Outlet - $163.80 Outlet - $8.90 Outlet - $5.65 Outlet - $5.65
1990 REPORT:
Original Assessment (060-075)
Concession 9 Pt. Lot 16
Benefit - $0
Outlet - $195.00
New Assessment
3.32 ha. 030 ha. 0.19 ha. 0.19 ha.
Benefit - $0 Benefit - $0 Benefit - $0 Benefit - $0
Outlet - $161.85 Outlet - $14.65 Outlet - $9.25 Outlet - $9.25
DISPOSITION: Carried
SUBJECT: COUNCIL MEETING
The Clerk reported to Council that the first meeting in November falls on Remembrance
Day and an alternate meeting date should be considered.
September 9, 2004…Pg 4 of 8
RES. NO. 6 Moved by Wiehle
Seconded by Mooser
RESOLVED that Council change the first council meeting in November to
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be held on November 10, 2004 commencing at 9:30 a.m.
DISPOSITION: Carried
SUBJECT: CHRISTMAS OFFICE HOURS
RES. NO. 7 Moved by Balint
Seconded by Bodnar
RESOLVED that Council authorize the Christmas office hours as follows:
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Closed at December 24 at noon and reopen Tuesday January 4, 2005
at 8:30 a.m.
DISPOSITION: Carried
SUBECT: PROPOSED NOISE BY-LAW
Council reviewed a report and draft by-law prepared by the Clerk. Councillor Balint
questioned the time limits, wondering if 11pm was more appropriate than 9 pm. Council
to further review and advise the Clerk of suggested changes. A revised by-law will be
brought forward at the next meeting.
SUBJECT: BY-LAW 2004-64 – BONN DRAIN
RES. NO. 8 Moved by Mooser
Seconded by Wiehle
RESOLVED that the mover be granted leave to introduce a By-Law to
provide for drainage works in the Municipality of West Elgin in the County
of Elgin to be called and known as the Bonn Drain and this shall constitute
the first and second reading and provisional adoption thereof.
DISPOSITION: Carried
SUBJECT: BY-LAW 2004-63 – AMEND BY-LAW 2004-05,
EMPLOYEE REMUNERATION BY-LAW
RES. NO. 9 Moved by Mooser
Seconded by Wiehle
RESOLVED that the mover be granted leave to introduce a By-law to
amend By-law 2004-05 – Employee Remuneration By-law and this shall
be the first and second reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 10 Moved by Balint
Seconded by Bodnar
RESOLVED that the By-law to amend By-law 2004-05 – Employee
Remuneration By-law be now read a third time and finally passed, signed,
sealed and numbered By-law Number 2004-63 – Amend By-law 2004-05 –
Employee Remuneration By-law.
DISPOSITION: Carried
SUBJECT: CORRESPONDENCE
1.* Township of North Frontenac – request for support of a resolution regarding the
future of Rural Ontario
Instructions: File
September 9, 2004…Pg 5 of 8
2.* Elgin County Land Division Committee – application for consent to sever
(Alderton)
Instructions:
RES. NO. 11 Moved by Balint
Seconded by Wiehle
RESOLVED that the Council of the Municipality of West Elgin have the
following comments regarding Severance Application E86/04 as applied for
by Ronald and Elizabeth Alderton
Council approves the severance.
Conditions:
Subject to rezoning, if required
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 and/or sewer connection fees if applicable
Two copies of the registered reference plan be submitted to the
municipality
Taxes to be paid in full
DISPOSITION: Carried
3.* Elgin County Land Division Committee – application for consent to sever
(1273969 Ontario Inc. – Lakewood Trailer Park)
Instructions:
RES. NO. 12 Moved by Mooser
Seconded by Bodnar
RESOLVED that the Council of the Municipality of West Elgin have the
following comments regarding Severance Application E88/04 as applied for
by 1273969 Ontario Inc.
Council approves the severance.
Conditions:
That the lands being conveyed are merged in the same name and title as
the lands to which they are being added.
That Section 50(30 of the Planning Act, R.S.O. 1990, as amended, shall
apply to any future transaction or conveyances on the subject lands.
Two copies of the registered reference plan be submitted to the
municipality
Taxes to be paid in full
DISPOSITION: Carried
4.* Town of Lakeshore – comments regarding Planning Reform
Instructions:
RES. NO. 13 Moved by Mooser
Seconded by Balint
RESOLVED that Council of the Municipality of West Elgin supports the
comments regarding Planning Act Reform as put forth by the Town of
Lakeshore.
DISPOSITION: Carried
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5. AMO Alert - Health Privacy Legislation comes into force November 1
- Division Court upholds MPAC’s right to refuse information
requests
Province helps municipalities save lives with red light
-
September 9, 2004…Pg 6 of 8
Cameras
Province consults on ending mandatory retirement
-
Instructions: File
6. Ministry of Municipal Affairs and Housing news release – McGuinty Government
and AMO sign cooperation agreement.
Instructions: File
7. Fair Air Association of Canada – study re: effectiveness of designated smoking
rooms
Instructions: File
8. Ministry of Environment – Certificate of Approval for Port Glasgow Marina
Instructions: File
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9. YWCA of London – Celebrating Youth Event, September 9, 2004
Instructions: File
10.* Brian Vaughan – report re Old Town Hall property, West Lorne
Instructions: File
11. MPAC – letter regarding MPAC services
Instructions: File
12. Minister of Citizenship and Immigration – Citizenship Week October 18 –24
Instructions: File
13. Joy’s Place – presentation of workshop series “Walking the Intuitive Path”
Instructions: File
14. 2cg – leaf and yard waste composting services
Instructions: File
15. Communities in Bloom – presentation of awards, September 11-12, Kincardine
Instructions: File
16.* Municipality of Dutton/Dunwich – thank you for help with fire at 173 Main Street,
Dutton
Instructions: Copy to be given to Fire Chiefs
17. Waste Reduction Week – October 18 to 24, 2004
Instructions: File
18. Management Board of Cabinet – invitation to Showcase Ontario to beheld on
September 13-15, 2004 at Metro Toronto Convention Centre
Instructions: File
19. Ministry of Municipal Affairs and Housing – 2005 Rent Increase Guideline
released
Instructions: File
20. Ministry of Labour – News Release regarding Mandatory Retirement
Instructions: File
21. Township of Otonabee-South Monaghan – request for support of a resolution
regarding Two Hatter issue.
Instructions: File
September 9, 2004…Pg 7 of 8
22. Ministry of Environment – Certificate of Approval for Beattie Line, Morrison Road,
Hagerty Road, McColl Sideroad, Munroe Street
Instructions: File
23. Ministry of Municipal Affairs and Housing – News Release regarding Golden
Horseshoe Greenbelt
Instructions: File
24. Ontario Municipal Board – Annual Report for 2001-2002 and 2002-2003
Instructions: File
25. Township of Greater Madawaska – request for support of a resolution regarding
Regulation 170/03
Instructions: File
26. St. Thomas Elgin Tourist Association – membership in London Tourism
Instructions: File
27. Elgin County Land Division Committee – notice of decision (Jasinskas)
Instructions: File
28. Township of South Stormont – request for support of a resolution regarding
Municipal Outlet Drainage Program
Instructions: File
29. Township of Wainfleet – copy of correspondence to OMAAF regarding the
Municipal Outlet Drainage Program.
Instructions: File
30.* MPAC – assessment of permanent trailers
Instructions: File
31.* MPAC – assessment of for-profit summer children’s camp
Instructions: File
RES. NO. 14 Moved by Mooser
Seconded by Bodnar
RESOLVED that the correspondence be dealt with as per the instructions
of Council as noted.
DISPOSITION: Carried
MINUTES
*West Elgin Recreation Committee – August 16, 2004
*West Elgin Arena Board – August 17, 2004
SUBJECT: SIXTEEN MILE CREEK BRIDGE
The Clerk reported that the Class EA was not complete for the proposed bridge and
therefore the bridge would not be constructed this weekend. If the Elgin budget allows,
the project will proceed in 2005.
SUBJECT: PROPOSED SEVERANCE – J.A. ROSS & SON, WEST LORNE
Council reviewed a revised proposal, which showed two severances instead of three.
The IGA building and parking lot would be one severance and the balance of the
holdings would be the second. A proposed parking layout was reviewed. Concern was
September 9, 2004…Pg 8 of 8
raised regarding the lack of access onto Main Street and the store entrance on Main
Street has been closed. The pedestrians now use the area that will be part of the
driveway and parking area for the retained building (formerly occupied by the Health
Centre).
After considerable discussion Council agreed on the following:
1. Provide a front door access on Main Street OR a designated walkway from Main
Street to the IGA entrance.
2. The driveway from Main Street on the retained parcel (old Health Centre building)
be designated and signed as “Entrance Only”.
3. The access onto Graham Road is designed as an entrance and an exit.
4. The barrier at the rear of the Health Centre building is removed to provide vehicle
movement and the parking layout be revised to provide for vehicular flow to the
Graham Road access. The garage building may need to be removed to achieve
the required number of parking spaces.
5. Council does not support angle parking adjacent to the IGA building and the
proposed pedestrian walkway.
SUBJECT: PLANNING RESPONSE – PLANNING ACT REFORM
Council reviewed a submission from the Planner that he had prepared on council’s
concerns. A change was made to the section regarding lot creation in prime agricultural
areas. The Planner will forward these comments along with a letter to the Ministry.
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 September 9,
2004 and this shall be the first and second reading and provisional
adoption thereof.
DISPOSITION: Carried
RES. NO. 16 Moved by Bodnar
Seconded by Balint
RESOLVED that a By-law to confirm the proceedings of the meeting of
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Council held on September 9, 2004 be now read a third time and finally
passed, signed, sealed and numbered By-law Number 2004-65 –
Confirming By-law September 9 2004.
DISPOSITION: Carried
SUBJECT: ADJOURNMENT
RES. NO. 17 Moved by Mooser
Seconded by Wiehle
RESOLVED that this Regular Meeting of Council adjourn at 3:55 p.m. to
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meet again on September 23, 2004.
DISPOSITION: Carried
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These minutes were adopted on the 14 day of October, 2004.
___________________________ ____________________________
Mayor Clerk