September 22, 2005 Regular Meeting
M I N U T E S
OF THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGIN
WEST ELGIN COUNCIL CHAMBERS
SEPTEMBER 22, 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
Lloyd Jarvis Water Superintendent
Jayson Chabot By-law Enforcement Officer
Lorne McLeod Chief Building Official
ALSO PRESENT:
Ted Halwa Planning Consultant
DECLARATION OF PECUNIARY INTEREST:
The Deputy Mayor declared a conflict of interest with item D6 of the agenda.
SUBJECT: DRAFT PLANNING BY-LAW
This item was deferred until the next meeting.
SUBJECT: CLACHAN HALL
The Mayor reported the Clachan Hall Committee have completed their discussions with
the property owners regarding land exchange to facilitate the new well and septic
system. Mr. Lindsay sought the services of a lawyer to discuss the land exchange, the
Committee will be paying these legal costs.
The following land exchanges were discussed:
1. Roelofs to municipality Part 1, Plan 11R-6267
2. Roelofs to municipality Portion of Part 5, Plan 11R-4510 (shown as
Parts A & C on sketch)
3. Lindsay to municipality Portion of Part 4, Plan 11R-4510 (shown as
Part B on sketch)
4. Municipality to Lindsay Part C on sketch
5. Municipality to Roelofs Portion of Part 1, Plan 11R-6267 (shown as
Part D on sketch)
Further Actions:
6. Roelofs will make three applications to Land Division Committee to create 5 lots
(Parts 2 to 6 on Plan 11R-6267). The Municipality will pay for one severance
application.
7. The Municipality will pay for the costs of a survey for the land exchanges.
8. The Municipality will pay the costs of a survey showing the “new” property lines of
the Lindsay property.
September 22, 2005…Pg 2 of 8
9. Lindsay has requested an encroachment agreement for the existing van on the
Clachan Hall property.
Regarding item #9, Council noted that the van could be removed and if this agreement
is necessary. The Mayor will discuss this further with Mr. Lindsay.
RES. NO. 1 Moved by Wiehle
Seconded by Balint
RESOLVED that Council agrees with the proposal brought forward by the
Clachan Hall Committee regarding land exchanges to facilitate a new
septic system and well for the hall.
DISPOSITION: Carried
SUBJECT: UPDATE ON MELODY CHURCH OMB APPEAL
The Planner reported that the environmental impact study report has been completed.
With proper site grading and erosion control the report states that there would be no
major impact on the wetlands. He further noted that the assumptions in the report can
be discussed at the hearing.
The Mayor reported that he had met with Rev. Gordon, at request of Rev. Gordon. The
Mayor told him that the process being public is important and that the process at the
OMB should proceed. Mediation is not an option.
SUBJECT: SITE PLAN APPROVAL - LAKEWOOD TRAILER PARK
The Planner reported that an application for site plan approval for an expansion of
Lakewood Trailer Park has been received. However, the plans submitted are not
acceptable, more detail is required.
SUBJECT: DRAFT OFFICIAL PLAN
The Clerk presented a letter from Matt Hind, Lot 5, Concession 8 regarding a proposed
severance. Council noted that this area is part of a proposed extension of the Rodney
settlement area. However, the size of the proposed lot would be determined as part of
the preliminary severance process. The Clerk to advise Mr. Hind of the process.
The Planner presented a list of outstanding matters for discussion:
?
“cut-off” date for number of years in existence for surplus dwellings – at least 10
years
?
replacement houses, due to being burnt down, will be exempt, original date of
building would apply
?
existing owner rather than new owner could apply, proof of sale required?, on
retained parcel no residential development permitted so only farmer would
purchase
?
splitting of agricultural land – allow flexibility based on geography
?
minimum parcel size for agriculture – defined in zoning by-law
?
buffering of agricultural uses relating to commercial & industrial
?
restricted livestock zone – provincial requirements depend on size of operations,
our existing policy is 1500 feet around villages, suggest use 500 metres
?
abandoned/former pits allowed for outdoor recreation use?
?
Stockpiling and processing of asphalt and concrete be permitted in aggregate
resource areas as a use independent of extraction.
?
After rehabilitation of aggregate, should the lands automatically revert back to
agricultural designation. What about abandoned pits?
September 22, 2005…Pg 3 of 8
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A meeting was scheduled for Thursday, October 20 at 9:30 a.m. to continue the
discussion.
DELEGATION: MIKE MULHERN, KATE EMERSON, JOHN MUNN
RE: QUEEN STREET WATERLINE
Mr. Mulhern explained to Council that he was enquiring about a waterline on Queens
Line east of Graham Road. Twenty properties signed a petition about two years ago, he
feels more are interested now. At the meeting owners west of Graham Road were
included, there was mixed reaction. At the time, Lloyd Jarvis was to speak to every one
individually, this didn’t happen. This spring there was another meeting, again Lloyd was
to speak to everyone, again hasn’t happened. Mike Mooser indicated to John (Munn)
that we wouldn’t get water this year, and that only 6 people wanted water. This is not
true. Why was the whole road included? No one has communicated with us. What’s
the plan?
The Mayor noted that there are economies of scale if more people participle, keep your
fees down. The municipality is committed to the project, has set aside $250,000 in this
year’s budget. Council priorities changed this summer, with Intake 2 for COMRIF
funding. There is an opportunity to get federal and provincial funding for our
municipality. Water sampling was again required, we are applying for the extension to
the Crinan area. A waterline to Beattie Haven from Southwest Middlesex was included
in last year’s application that was denied. Council has since been working with
Southwest Middlesex to complete the project, which includes boring under the river.
The Administrator/Treasurer reported that since approval in the budget, we have worked
with lawyers to purchase property, engineers are working on the drawings, surveying is
underway. However, the engineer needs to know how far the waterline is going. All
property owners need to be contacted. These numbers are also required to determine
costing.
John Munn noted that they have never been contacted. The Mayor suggested that a
flyer be placed in everyone’s mailbox advising of the progress, etc. Mr. Munn
volunteered to talk to all the owners to find out if they are interested or not, with
signatures. Mr. Munn also agreed to canvass west of Graham Road as well.
Council adjourned to a Property Standards Committee meeting and resumed their
meeting thereafter.
SUBJECT: CLEANING AND CLEARING OF LAND BY-LAW 2004-68
Also in attendance: By-law Enforcement Officer
The Clerk reported that services need to be contracted for the clean-up of lands under
By-law 2004-68 in cases of non-compliance. A proposal from Municipal Offences Corp.
(Jayson Chabot) was presented. Having this company do any clean-ups is efficient, as
our procedure requires the By-law Enforcement Officer to be in attendance in these
instances. The Landfill Operator and Attendant to be notified when items will be taken
to landfill.
RES. NO. 2 Moved by Mooser
Seconded by Bodnar
RESOLVED that Council accept the quotation from Municipal Offences
Corp. to provide clean up services for Clean & Clear of Land By-law in the
amount of $60.05 per hour.
DISPOSITION: Carried
September 22, 2005…Pg 4 of 8
SUBJECT: REVIEW OF BUILDING DEPARTMENT FEES
Also in attendance: Chief Building Official
The Administrator/Treasurer presented a report outlining the requirements of the
Building Code Act (BCA) regarding building permit fees. Under the Act, total fees must
not exceed anticipated costs to administer and enforce the Act. Further, an Annual
Report on fees and costs is required. The report reviewed revenue and expenses,
number of permits issued for 2002, 2003 and 2004. However, indirect costs such as
administrative overhead office support, etc. are not included. Proposed fees were
presented. Council needs to decide if 100% of costs should be recovered through
building permits. The proposed fees do not achieve full cost recovery.
After discussion, Council determined that proposed fees should be 25% greater than
presented, minimum permit fee remain at $75.00. A public meeting to present fees is
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scheduled for October 13.
SUBJECT: HEALTH CENTRE GOLF TOURNAMENT
RES. NO. 3 Moved by Mooser
Seconded by Bodnar
RESOLVED that Council rescind resolution #12, September 8,2005.
AND that Council authorize the payment for one – foursome to participate
in the Health Centre Golf Tournament on September 24, 2005 at the cost
of $160.00
DISPOSITION: Carried
SUBJECT: ACCOUNTS
RES. NO. 3 Moved by Mooser
Seconded by Wiehle
RESOLVED that the Mayor and Administrator/Treasurer be and they are
hereby authorized to sign Payment Voucher #9 amounting to
$1,233,540.80 in settlement of General, Road, Water and Arena Accounts
(including cheques -13239-13471.)
DISPOSITION: Carried
SUBJECT: CLOSED SESSION
RES. NO. 5 Moved by Bodnar
Seconded by Balint
RESOLVED that the Council of the Municipality of West Elgin adjourn to a
closed session to discuss personal matters about an identifiable individual,
labour relations or employee negotiations, litigation or potential litigation.
DISPOSITION: Carried
RES. NO. 6 Moved by Mooser
Seconded by Wiehle
RESOLVED that the Council of the Municipality of West Elgin do now rise.
DISPOSITION: Carried
The Deputy Mayor left the meeting.
September 22, 2005…Pg 5 of 8
SUBJECT: BEATTIE HAVEN WATERLINE
Also in attendance: Water Superintendent
Council received the following tenders for Beattie Haven waterline:
LTL Contracting Ltd. $140,379.22 plus GST
Ontario Pipeline Services Ltd. $137,534.00 plus GST
Marathon Drilling Col Ltd. $149,755.00 plus GST
RES. NO. 7 Moved by Bodnar
Seconded by Balint
RESOLVED that the Council of the Municipality of West Elgin accepts the
tender of Ontario Pipeline Services Ltd. in the amount of $137,534.00 plus
GST for the Beattie Haven waterline.
DISPOSITION: Carried
SUBJECT: CORRESPONDENCE
1.* Ministry of Community Safety and Correctional Services – Hurricane Katrina relief
operations
Instruction: File
2.* West Elgin Secondary School – invitation to book launching “The Scars Never
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Fade”, October 7, 2005, 6:00 p.m.
Instruction: File
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3. AMO – Counties Section Annual Conference, October 16-19, Niagara Falls
Instruction: File
4. Seminar: “Marketing Partners’ in West Elgin”, Backus-Page House, October
nd
22, 2005
Instruction: File
RES. NO. 8 Moved by Mooser
Seconded by Balint
RESOLVED that the correspondence be dealt with as per the instructions
of Council as noted.
DISPOSITION: Carried
SUBJECT: BY-LAW 2005-54 – HESSENAUER DRAIN
RES. NO. 9 Moved by Balint
Seconded by Bodnar
RESOLVED that a bylaw to provide for drainage works in the Municipality
of West Elgin in the County of Elgin to be called and known as the
Hessenauer Drain be now read a third time and finally passed, signed,
sealed and numbered By-law Number 2005-54 – Hessenauer Drain.
DISPOSITION: Carried
SUBJECT: BY-LAW 2005-66 – FEES & CHARGES – RECREATION
RES. NO. 10 Moved by Balint
Seconded by Mooser
RESOLVED that the mover be granted leave to introduce a By-Law to
establish various fees and charges for services provided by the Recreation
September 22, 2005…Pg 6 of 8
Department and this shall be the first and second reading and provisional
adoption thereof.
DISPOSITION: Carried
RES. NO. 11 Moved by Mooser
Seconded by Bodnar
RESOLVED that a By-law establish various fees and charges for services
provided by the Recreation Department be now read a third time and
finally passed, signed, sealed and numbered By-law Number 2005-66 –
Fees & Charges – Recreation.
DISPOSITION: Carried
SUBJECT: HESSENAUER DRAIN MAINTENANCE TENDER
Council received the following tenders for the Hessenauer Drain maintenance:
Van Bree Drainage & Bulldozing Ltd. $25,240.00 plus taxes
A.G. Hayter Contracting Ltd. $27,345.00 plus taxes
RES. NO. 11 Moved by Mooser
Seconded by Balint
RESOLVED that the Council of the Municipality of West Elgin accepts the
tender of Van Bree Drainage & Bulldozing Ltd. in the amount of
$25,240.00 plus GST for Hessenauer Drain Maintenance project.
DISPOSITION: Carried
SUBJECT: STEEL FOR BAILEY BRIDGE, PORT GLASGOW
The Clerk reported that one quotation was received late, Council received the following
quotation for steel for the bailey bridge at Port Glasgow:
Wire Tie Manufacturing $11,216.76 plus GST
RES. NO. 12 Moved by Balint
Seconded by Bodnar
RESOLVED that the Council of the Municipality of West Elgin accepts the
quotation of Wire-Tie Manufacturing in the amount of $11,216.76 plus GST
for steel for bailey bridge.
DISPOSITION: Carried
SUBJECT: MATERIALS FOR CONSTRUCTION OF BAILEY BRIDGE, PORT
GLASGOW
The Clerk reported that two incomplete quotations were received, Council received the
following quotation for materials for construction of the bailey bridge at Port Glasgow:
Copp’s Buildall, Lambeth $14,745.79 plus GST
RES. NO. 13 Moved by Balint
Seconded by Bodnar
RESOLVED that the Council of the Municipality of West Elgin accepts the
quotation of Copp’s Buildall, Lambeth in the amount of $14,745.79 plus
GST for materials for construction of a bailey bridge.
DISPOSITION: Carried
Councillor Mooser left the meeting.
September 22, 2005…Pg 7 of 8
SUBJECT: DRAFT ANIMAL CONTROL BY-LAW
The Clerk presented a draft animal control by-law for Council review. It was noted that
the by-law includes an application for kennel permit that requires the kennel owner to
submit a sketch showing the location of the kennel, any runs, and buildings on the
property.
The Mayor suggested that the requirement for rabies vaccination be changed to three
years.
SUBJECT: ERIE FLOORING
The Mayor noted that a petition has been received by Council. A letter to be sent to the
owners of Erie Flooring regarding the smoke problem and that the petition be included.
SUBJECT: LIVESTOCK KILLS
The Clerk reported that Dutton/Dunwich and Southwold both pay for livestock kills for
coyotes. We have received reimbursement from OMAF for the two kills this year. It
was noted that although OMAF has paid the amounts, the legislation requires the
municipality to pass a by-law authorizing these payments. The Clerk was directed to
prepare the necessary by-law.
SUBJECT: WEST PROGRAM
The Mayor reported that the WEST program at West Elgin High School is in jeopardy.
This program should be supported as it teaches the students to be constructive
members of society. Council agreed that a letter of support should be sent to the
Thames Valley District School Board.
SUBJECT: CONFIRMATION BY-LAW
RES. NO. 14 Moved by Bodnar
Seconded by Balint
RESOLVED that the mover be granted leave to introduce a By-Law to
confirm the proceedings of the meeting of Council held on September 22,
2005 and this shall be the first and second reading and provisional
adoption thereof.
DISPOSITION: Carried
RES. NO. 15 Moved by Balint
Seconded by Bodnar
RESOLVED that a By-law to confirm the proceedings of the meeting of
Council held on September 22, 2005 be now read a third time and finally
passed, signed, sealed and numbered By-law Number 2005-67 –
Confirming By-law September 22, 2005.
DISPOSITION: Carried
SUBJECT: ADJOURNMENT
RES. NO. 16 Moved by Balint
Seconded by Bodnar
RESOLVED that this Regular Meeting of Council shall adjourn at 5:45 p.m.
to meet again on October 13, 2005.
DISPOSITION: Carried
September 22, 2005…Pg 8 of 8
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These minutes were adopted on October 13, 2005.
___________________________ _______________________________
MAYOR CLERK