June 23, 2005 Regular Meeting
M I N U T E S
OF THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGIN
WEST ELGIN COUNCIL CHAMBERS
JUNE 23, 2005
MEMBERS PRESENT:
Mayor Graham Warwick, Deputy Mayor Bernie Wiehle
Councillors Trudy Balint, Mary Bodnar, Mike Mooser
STAFF PRESENT:
Joanne Groch Administrator/Treasurer
Norma Bryant Clerk
Paul VanVaerenbergh Roads Superintendent
Lloyd Jarvis Water Superintendent
Lorne McLeod Chief Building Official,
Community Emergency
Management Coordinator
ALSO PRESENT:
Ted Halwa Planning Consultant
DECLARATION OF PECUNIARY INTEREST:
None
SUBJECT: ASPHALT TENDER
Council received the following tenders for asphalt:
Asphalt Quote Milling Quote TOTAL
(per tonne) 1000 tonnes (per sq. m.) 200 sq. m. (plus GST)
Seal-On Paving $64.50 $64,500.00 $20.00 $4,000.00 $68,500.00
Del-Ko Paving $61.73 $61,730.00 $17.50 $3,500.00 $65,230.00
Huron Construction $60.75 $60,750.00 $16.82 $3,364.00 $64,114.00
The Roads Superintendent reported that the lowest tender is greater than the budget.
Savings from the micro surfacing project could be applied to the asphalt budget and
therefore he recommends the tonnage remain the same.
RES. NO. 1 Moved by Mooser
Seconded by Bodnar
RESOLVED that the Council of the Municipality of West Elgin accepts the
tender of Huron Construction in the amount of $60.75 per tonne asphalt
and $16.82 per square metre for milling, in the total amount of $64,114.00
plus GST for 1000 tonnes of asphalt and 200 square metres of milling.
DISPOSITION: Carried
June 23, 2005…Pg 2 of 7
SUBJECT: PRELIMINARY SEVERANCE – PART LOT 13, CONCESSION X
(GOULD)
Council reviewed a preliminary severance application to sever a one acre parcel from a
three acre parcel on Thomson Line. The property is designated as Agricultural in the
Official Plan and zoned A1. The Planner reported that this application does not conform
to our Official Plan nor the Provincial Policy Statement. and therefore should not be
supported. Council agreed that the application should not be supported.
SUBJECT: PRELIMINARY SEVERANCE – PART LOT 18, CONCESSION XIII
(PFIEFER)
Council reviewed a preliminary severance application to sever an existing lot in the
hamlet of Eagle. The application would split the lot into two, one with the existing house
and a vacant lot. The property is designated hamlet residential in the Official Plan and
zoned HR. The Planner reported that proposal is in conformity with the Official Plan.
Both lots would satisfy the minimum frontage requirements of the HR zone but would be
less than the minimum lot area requirement. A minor variance should be imposed as a
condition of consent.
It was noted that the existing house is in need of repairs. Council agreed that a
condition should be imposed that the existing house should be brought into compliance
with the Building Code and municipal property standards by-law.
As the proposed lots are undersized, concern was raised regarding approval by the
Health Unit for septic systems on both lots. The applicant is to be advised that the
Health Unit should be contacted regarding their requirements.
Subject to above noted conditions, Council supports the proposed severance.
SUBJECT: DRAFT LAKE ST. CLAIR TECHNICAL REPORT
The Planner reported that this report is not directly relevant or critical to West Elgin. The
report is primarily focused on the lake and affects the municipalities which border the
lake.
SUBJECT: CLOSED SESSION
RES. NO. 2 Moved by Bodnar
Seconded by Balint
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. 3 Moved by Mooser
Seconded by Wiehle
RESOLVED that the Council of the Municipality of West Elgin do now rise.
DISPOSITION: Carried
The Planner left the meeting.
SUBJECT: CORRESPONDENCE
1. Minister of Community Safety and Correctional Services – completion of essential
emergency management program
Instruction: File
June 23, 2005…Pg 3 of 7
2. County of Elgin – assumption of power by Town of Aylmer to enforce parking,
traffic and other matters on County roads within their limits.
Instruction:
RES. NO. 4 Moved by Balint
Seconded by Wiehle
WHEREAS the Municipal Act, 2001, permits the transfer of all or any part
of an upper tier power from an upper tier municipality to any one or more
of the lower tier municipalities forming part of the upper tier municipality for
municipal purposes; and
WHEREAS the Corporation of the Town of Aylmer is, for municipal
purposes, a lower tier municipality forming part of the Corporation of the
County of Elgin as the upper tier municipality; and
WHEREAS the Corporation of the County of Elgin and the Corporation of
the Town of Aylmer have reached agreement for the transfer of specified
powers for the regulation of traffic upon certain public highways under the
jurisdiction of the Corporation of the County of Elgin but lying within the
geographic territory of the Town of Aylmer from the said Corporation of the
County of Elgin to the said Corporation of the Town of Aylmer; and
WHEREAS the Council of the Corporation of the Town of Aylmer has
enacted a by-law providing for the transfer of such powers from the
Corporation of the County of Elgin to the Corporation of the Town of
Aylmer; and
WHEREAS the Municipal Act, 2001, requires that such by-law receive a
certain level of consent from all other lower tier municipalities forming part
of the upper tier municipality for municipal purposes;
NOW THEREFORE the Council of the Corporation of the Municipality of
West Elgin resolves as follows:
1. THAT the Corporation of the Municipality of West Elgin consents to
the transfer of specified powers for the regulation of traffic upon
John Street, Elm Street, and Beech Street within the geographic
boundaries of the Town of Aylmer to the Corporation of the Town of
Aylmer.
2. THAT the Corporation of the Municipality of West Elgin consents to
By-law 25-05 for the Corporation of the Town of Aylmer.
DISPOSITION: Carried
3. Lower Thames Conservation Authority – invitation to open house re: Watershed
Technical Report
th
Instruction: Deputy Mayor will attend London session on June 27.
4. Trow Associates – Sewage Works, Port Glasgow Marina
Instruction: see below - Port Glasgow Comfort Station
5. Elgin St. Thomas Health Unit – West Nile virus surveillance
Instruction: File
RES. NO. 5 Moved by Bodnar
Seconded by Balint
RESOLVED that the correspondence be dealt with as per the instructions
of Council as noted.
DISPOSITION: Carried
June 23, 2005…Pg 4 of 7
SUBJECT: BY-LAW 2005-39 – REMUNERATION FOR SEASONAL EMPLOYEES
RES. NO. 6 Moved by Balint
Seconded by Bodnar
RESOLVED that the mover be granted leave to introduce a By-law to set
rates of remuneration for seasonal employees for the calendar year 2005
and 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 set rates of remuneration for seasonal
employees for the calendar year 2005 be now read a third time and finally
passed, signed, sealed and numbered By-law Number 2005-39 –
Remuneration for seasonal employees
DISPOSITION: Carried
SUBJECT: BY-LAW 2005-40 – FEES & CHARGES - RECREATION
RES. NO. 8 Moved by Mooser
Seconded by Wiehle
RESOLVED that the mover be granted leave to introduce a By-law to
establish various fees and tariffs for services provided by the Recreation
Department of the Municipality and this shall be the first and second
reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 9 Moved by Wiehle
Seconded by Mooser
RESOLVED that a By-law to establish various fees and tariffs for services
provided by the Recreation Department of the Municipality be now read a
third time and finally passed, signed, sealed and numbered By-law
Number 2005-40 – Fees & Charges – Recreation
DISPOSITION: Carried
SUBJECT: MILLER PARK WASHROOM TENDER
Council received the following tenders for the Miller Park Washroom:
R.M.L. Services $ 87,847.00 (incl. taxes)
Verly Construction Group $105,090.53 (incl. taxes)
RES. NO. 10 Moved by Balint
Seconded by Bodnar
RESOLVED that Council of the Municipality of West Elgin accepts the
tender from R.L.M. Services in the amount of $87,847.00 for the
construction of the Miller Park washrooms facilities.
DISPOSITION: Carried
SUBJECT: PORT GLASGOW COMFORT STATION
The Water Superindent reported that Trow Associates (re: correspondence item #4) is
requesting an upfront payment of $15,000.00 to pay for pumps, control panel and
membranes for the comfort station project. A list of materials has been provided.
June 23, 2005…Pg 5 of 7
RES. NO. 11 Moved by Wiehle
Seconded by Balint
RESOLVED that the Council of the Municipality of West Elgin authorizes
the payment of $15,000.00 to Trow Associates Inc. for materials required
for the Port Glasgow Comfort Station construction project.
DISPOSITION: Carried
The Water Superintendent gave Council an update the layout of the pipes to services
the marina property. Hydro upgrades are necessary to facilitate connection to the new
filter bed, the Yacht Club will contribute towards the costs..
SUBJECT: LIVESTOCK KILLS
It was reported that under legislation the municipality may pass a by-law to compensate
for kills by wild animals, e.g. coyotes. Council directed that the other municipalities in
Elgin County be surveyed for their policies.
SUBJECT: REQUEST FOR TILE DRAIN LOAN (LOT 13, CONCESSION I)
RES. NO. 12 Moved by Mooser
Seconded by Wiehle
RESOLVED that Council of the Corporation of the Municipality of West
Elgin approves the tile drain loan application from Sharon Lynn Helmer for
Lot 13, Concession I in the amount of $20,000.00.
DISPOSITION: Carried
SUBJECT: NEW BUILDING REQUIREMENTS
The Chief Building Official reported that the new qualifications for building officials is
st
now effective as of January 1, 2006. The new application is effective as of July 1, a
sample was provided for Council to review. As time lines are now legislated, the
application will be returned if incomplete. There is a new section that references
“applicable law” that the applicant is required to fill out, this may prove to be difficult for
applicants. Council enquired about septic permits. We do not know what the intentions
of the Health Unit in continuing to issue and inspect septic permits. There were no
questions regarding the proposed building by-law nor code of conduct for building
inspectors.
SUBJECT: EMERGENCY MANAGEMENT
Mr. McLeod reported that little has been completed so far this year. The committee will
need to meet to review the emergency plan. The next stage, enhanced level, is not
mandatory as of yet.
SUBJECT: BY-LAW 2005-41 – BUILDING BY-LAW
RES. NO. 14 Moved by Mooser
Seconded by Wiehle
RESOLVED that the mover be granted leave to introduce a By-law
respecting construction, demolition, change of use, conditional permits,
sewage systems and inspections and this shall be the first and second
reading and provisional adoption thereof.
DISPOSITION: Carried
June 23, 2005…Pg 6 of 7
RES. NO. 15 Moved by Wiehle
Seconded by Mooser
RESOLVED that a By-law respecting construction, demolition, change of
use, conditional permits, sewage systems and inspections be now read a
third time and finally passed, signed, sealed and numbered By-law
Number 2005-41 – Building By-law
DISPOSITION: Carried
SUBJECT: BY-LAW 2005-42 – CODE OF CONDUCT FOR BUILDING OFFICIALS
RES. NO. 16 Moved by Bodnar
Seconded by Balint
RESOLVED that the mover be granted leave to introduce a By-Law to
adopt a Code of Conduct for the Chief Building Official and Building
Inspectors for the Municipality of West Elgin and this shall be the first and
second reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 17 Moved by Mooser
Seconded by Bodnar
RESOLVED that a By-law to adopt a Code of Conduct for the Chief
Building Official and Building Inspectors for the Municipality of West Elgin
be now read a third time and finally passed, signed, sealed and numbered
By-law Number 2005-42 – Code of Conduct for Building Officials
DISPOSITION: Carried
Councillor Mooser left the meeting.
DELEGATION: JANET PINDER, WEST ELGIN COMMUNITY PARENT CHILD
RESOURCE CENTRE
Mrs. Pinder appeared before Council to report on a new program called “Best Start”.
This program is a 10 year initiative, the first phase is geared to 0 to 4 years of age and
provides equal opportunity for early learning programs for this age group. A
demonstration project is underway in Lambton-Kent. The program is free of charge, 5
mornings a week, 9 to11:30 a.m. Child care for before and after is paid for by parents
but must be available at the same facility. Mrs. Pinder requests Council support to
investigate whether the Centre would have the necessary facilities for the program.
Outdoor space is a concern and needs investigation as well as renovation of one of bay
areas. Council supported the investigation as it feels this is good initiative for the
community.
SUBJECT: CLOSED SESSION
RES. NO. 18 Moved by Balint
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. 19 Moved by Wiehle
Seconded by Bodnar
RESOLVED that the Council of the Municipality of West Elgin do now rise.
DISPOSITION: Carried
June 23, 2005…Pg 7 of 7
SUBJECT: CONFIRMATION BY-LAW
RES. NO. 20 Moved by Bodnar
Seconded by Wiehle
RESOLVED that the mover be granted leave to introduce a By-Law to
confirm the proceedings of the meeting of Council held on June 23, 2005
and this shall be the first and second reading and provisional adoption
thereof.
DISPOSITION: Carried
RES. NO. 21 Moved by Balint
Seconded by Bodnar
RESOLVED that a By-law to confirm the proceedings of the meeting of
Council held on June 23, 2005 be now read a third time and finally passed,
signed, sealed and numbered By-law Number 2005-43 – Confirming By-
law June 23 2005.
DISPOSITION: Carried
SUBJECT: ADJOURNMENT
RES. NO. 22 Moved by Wiehle
Seconded by Balint
RESOLVED that this Regular Meeting of Council shall adjourn at 3:47 p.m.
to meet again on June 30, 2005 for a special planning meeting.
DISPOSITION: Carried
th
These minutes were adopted on July 14, 2005
___________________________ _______________________________
MAYOR CLERK