June 22, 2006 Regular Meeting
M I N U T E S
OF THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGIN
WEST ELGIN COUNCIL CHAMBERS
JUNE 22, 2006
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
Janet Johnston Deputy Treasurer
ALSO PRESENT:
Ted Halwa Planning Consultant
DECLARATION OF PECUNIARY INTEREST:
No conflicts were declared regarding the published agenda.
Council recessed to hold a rezoning public meeting and resumed their meeting
thereafter.
SUBJECT: FORDHAM MOTORS SITE PLAN
The Mayor reported that he had spoken with Mr. Fordham about the area between the
sidewalk and vehicle display. It was suggested that instead of a physical barrier that a
visual barrier such as paving stones would work. The area between the sidewalk and
property line would be paving stones as well.
The Planner reported that the buffer area along Furnival Road was not shown on the
latest revision. Mr. Fordham advised he would have that shown as well as the above
noted items. The sidewalk needs to be reinforced at the entrances. Mr. Fordham is still
in discussion with Hydro One about the overhead wiring. The agreement needs to be
finalized.
Mr. Fordham has requested he be allowed to start the construction of his project prior to
the agreement being finalized. The Clerk advised that the CBO has received a building
permit application and review is near completion.
RES. NO. 1 Moved by Bodnar
Seconded by Wiehle
RESOLVED that the Council of the Municipality of West Elgin authorizes
the Chief Building Official to issue a building permit for 165 Queen Street
West submitted by E.L. Fordham Motors Limited prior to finalizing of the
site plan approval agreement.
DISPOSITION: Carried
Council recessed to hold two rezoning public meetings and resumed their meeting
thereafter.
June 22/06…Page 2 of 8
SUBJECT: TRAILER ON LOT 22, CONCESSION XII
Council referred to correspondence item #4, from Monty Fordham. The Planner
reported that a mobile home for seasonal labour is allowed under the zoning by-law. A
trailer is not allowed for storage purposes. The Deputy Mayor asked if the wheels were
removed could it be considered a shed? If it is a truck body, not permitted. Council
directed that a letter be sent advising the trailer be removed or application for minor
variance be submitted.
Council recessed to hold a rezoning public meeting and Committee of Adjustment
hearing and resumed their meeting thereafter.
SUBJECT: TRAILER ON LOT 19, CONCESSION V WD
Council referred to correspondence item #5, from George Adamovich. The Planner
advised that the trailer is not in compliance with the zoning by-law, specially sections
4.2, 4.18, and 5.1.12. Council directed that a letter be sent advising that the trailer be
removed or application for minor variance be submitted.
SUBJECT: CLOSED SESSION
RES. NO. 2 Moved by Mooser
Seconded by Wiehle
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 Balint
Seconded by Bodnar
RESOLVED that the Council of the Municipality of West Elgin do now rise.
DISPOSITION: Carried
SUBJECT: NEW OFFICIAL PLAN
The Planner reported that after consideration of the issues arising from strip
development along Gray Line, he is proposing an addition to the new plan. The
suggestion is that a site plan or secondary plan be required showing location of
buildings and trees so that the area doesn’t look like strip development. Council agreed.
The second issue is with regard to how the outlining commercial affects main street
commercial. One option is to require rezoning of these outlining areas when specific
proposals are presented. Council could require the applicant to submit an impact
statement regarding the affect on main street. Or, the lands could be put into a holding
zone and a justification be submitted to removed the holding. Council agreed with the
second approach.
The Planner left the meeting.
DELEGATION: CHRISTINE SCRIMGEOUR – 2005 FINANCIAL STATEMENTS
Also in attendance: Deputy Treasurer
Ms. Scrimgeour declared that she is independent of the municipality. She presented the
consolidated financial report for 2005. She noted that the Yacht Club has a larger
surplus this year and this is due to their being more diligent about billing and accounts
receivables.
June 22/06…Page 3 of 8
SUBJECT: CORREPSONDENCE
1. The Ontario Flue-Cured Tobacco Growers’ Marketing Board – invitation to annual
meeting, July 6, 2006
Instruction: File
2.* Ministry of Municipal Affairs and Housing – Proposed Municipal Statute Law
Amendment Act
Instruction: File
3.* Elgin St. Thomas Health Unit – request to reconsider fluoridation of the water
supply
Instruction: Council does not feel this is a health issue; refer to Tri County
Management Committee
4.* Monty Fordham – Trailers on property, Lot 22, Concession 12
Instruction: see discussion above
5.* George Adamovich – trailer property, Lot 13, Concession 5 WD
Instruction; see discussion above
SUBJECT: BY-LAW 2006-32 – AMEND BY-LAW 2004-06 (COUNCIL
REMUNERATION)
RES. NO. 4 Moved by Balint
Seconded by Bodnar
RESOLVED that the mover be granted leave to introduce a By-Law to
amend By-law 2004-06 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. 5 Moved by Wiehle
Seconded by Mooser
RESOLVED that a By-law to amend By-law 2004-06 being 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 2006-32
– Amend By-law 2004-06
DISPOSITION: Carried
SUBJECT: BY-LAW 2006-33 – AMEND BY-LAW 2006-04 (EMPLOYEE
REMUNERATION)
RES. NO. 6 Moved by Mooser
Seconded by Wiehle
RESOLVED that the mover be granted leave to introduce a By-Law to
amend By-law 2006-04 being a by-law to set rates of remuneration and
expenses for municipal officials and employees for the calendar year 2006
and this shall be the first and second reading and provisional adoption
thereof
DISPOSITION: Carried
RES. NO. 7 Moved by Wiehle
Seconded by Mooser
RESOLVED that a By-law to amend By-law 2006-04 being a by-law to set
rates of remuneration and expenses for municipal officials and employees
for the calendar year 2006 be now read a third time and finally passed,
June 22/06…Page 4 of 8
signed, sealed and numbered By-law Number 2006-33 – Amend By-law
2006-04
DISPOSITION: Carried
SUBJECT: BY-LAW 2006-34 – ZONE AMENDMENT – LOT A, CONCESSION V
(WRIGHT)
RES. NO. 8 Moved by Balint
Seconded by Bodnar
RESOLVED that the mover be granted leave to introduce a by-law to
change the zoning of lands in Part of Lot A, Concession V, from the
Agricultural (A1) Zone to the Rural Residential Three Zone and a “site-
specific” Agricultural (A1-55) Zone and this shall be the first and second
reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 9 Moved by Bodnar
Seconded by Balint
RESOLVED that the mover be granted leave to introduce a by-law to
amend By-law to change the zoning of lands in Part of Lot A, Concession
V from the Agricultural (A1) Zone to the Rural Residential Three Zone and
a “site-specific” Agricultural (A1-55) Zone and this by-law shall now be
read a third time and finally passed, signed, sealed and numbered By-Law
No. 2006-34- Zone Amendment – Wright
DISPOSITION: Carried
SUBJECT: BY-LAW 2006-35 – ZONE AMENDMENT – LOT 11, CONCESSION VIII
(THAMESVILLE AUTO SUPPLY)
RES. NO. 10 Moved by Bodnar
Seconded by Mooser
RESOLVED that the mover be granted leave to introduce a by-law to
change the zoning of lands in Part of Lot 11, Concession VIII, from the
Agricultural (A1) Zone to the Rural Residential Three Zone and a “site-
specific” Agricultural (A1-57) Zone and this shall be the first and second
reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 11 Moved by Wiehle
Seconded by Balint
RESOLVED that the mover be granted leave to introduce a by-law to
amend By-law to change the zoning of lands in Part of Lot 11, Concession
VIII from the Agricultural (A1) Zone to the Rural Residential Two Zone and
a “site-specific” Agricultural (A1-57) Zone and this by-law shall now be
read a third time and finally passed, signed, sealed and numbered By-Law
No. 2006-35- Zone Amendment – Thamesville Auto Supply
DISPOSITION: Carried
SUBJECT: BY-LAW 2006-36 – ZONE AMENDMENT – LOT 9, CONCESSION VIII
(OSSELL)
RES. NO. 12 Moved by Wiehle
Seconded by Balint
RESOLVED that the mover be granted leave to introduce a by-law to
change the zoning of lands in Part of Lot 9, Concession VIII, from the
Agricultural (A1) Zone to the Rural Residential Three Zone and a “site-
June 22/06…Page 5 of 8
specific” Agricultural (A1-56) Zone 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 the mover be granted leave to introduce a by-law to
amend By-law to change the zoning of lands in Part of Lot 9, Concession
VIII from the Agricultural (A1) Zone to the Rural Residential Three Zone
and a “site-specific” Agricultural (A1-56) Zone and this by-law shall now
be read a third time and finally passed, signed, sealed and numbered By-
Law No. 2006-36- Zone Amendment – Ossell
DISPOSITION: Carried
SUBJECT: THOMSON DRAIN
The Administrator/Treasurer presented a report regarding subsidy not paid on the
Thomson Drain.
RES. NO. 14 Moved by Bodnar
Seconded by Balint
RESOLVED that the Council of the Municipality of West Elgin authorizes
the payment of $1601.41 to cover a portion of the subsidy not paid on the
Thomson Drain and be paid out of general funds.
DISPOSITION: Carried
SUBJECT: QUOTATIONS FOR SITE ASSESSMENTS – FORMER RAILWAY LANDS
WEST LORNE
Council received the following quotations for site assessments on the former railway
lands in West Lorne:
GOLDER ASSOC. ATKINSON, DAVIES
OPTION A - West and east parcels assessed
concurrently
Phase I ESA 3,750 2,100
Phase II ESA 22,950 8,480
Preliminary geotechnical investigation 1,600 3,740
TOTAL 28,300 14,320
OPTION B – West Parcel only
Phase I ESA 3,000 1,900
Phase II ESA 16,000 4,900
Preliminary geotechnical investigation 1,100 2,900
TOTAL 20,100 9,700
OPTION C - East Parcel only
Phase I ESA 2,500 1,600
Phase II ESA 14,600 3,800
Preliminary geotechnical investigation 1,100 1,400
TOTAL 18,200 6,800
RES. NO. 15 Moved by Balint
Seconded by Wiehle
RESOLVED that the Council of the Municipality of West Elgin accepts the
quote of Atkinson, Davies in the amount of $14,320 plus taxes for site
assessments of the former railway lands in West Lorne.
DISPOSITION: Carried
June 22/06…Page 6 of 8
DELEGATION: TERRY CARROLL, SHARON LECHNER, UNITED WAY
Ms. Lechner outlined the process and findings of the community consultation program.
Mr. Carroll provided detailed information about the Town Hall meeting held in West
Lorne on March 30, 2006. He summarized the priorities and next steps for youth,
poverty and employment and medical & mental health. A summary of solutions
identified by each community was presented.
A funders forum is being planned for 2007 which would included the United Way
agencies, services clubs, Trillium Foundation and municipalities as the priorities will
impact United Way funding in the future. Youth are deemed a priority and they are
planning to go to the high schools to hear directly from the youth. A business plan and
strategic plan is being developed for United Way as well. Outcomes measurements are
being developed in order to define lasting impact for clients.
SUBJECT: CLACHAN HALL
RES. NO. 16 Moved by Wiehle
Seconded by Mooser
RESOLVED that the Council of the Municipality of West Elgin authorizes
the Mayor and Clerk to sign the necessary documents relating to the
Clachan Hall property transactions.
DISPOSITION: Carried
SUBJECT: BY-LAW ENFORCEMENT ISSUES
The Clerk reported on an outstanding order under the Clean and Clear by-law. On the
property there are derelict vehicles, which have not been removed. The issue is the
proper procedure for removal and the reimbursement of costs. The Clerk suggested
that a legal opinion should be obtained. Council agreed.
SUBJECT; BEATTIE HAVEN GOLF TOURNAMENT
RES. NO. 17 Moved by Balint
Seconded by Bodnar
RESOLVED that Council pay the entry fee of $75.00 for the Beattie Haven
Golf Tournament to be held on July 14, 2006.
DISPOSITION: Carried
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 and the receiving
of advice that is subject to solicitor-client privilege.
DISPOSITION: Carried
RES. NO. 19 Moved by Mooser
Seconded by Wiehle
RESOLVED that the Council of the Municipality of West Elgin do now rise
and report.
DISPOSITION: Carried
June 22/06…Page 7 of 8
SUBJECT: WEST ELGIN PRIMARY WATER SYSTEM
RES. NO. 20 Moved by Wiehle
Seconded by Balint
RESOLVED that the Council of the Municipality of West Elgin advises the
Tri County Management Committee that the ownership of the West Elgin
Primary Water System will be retained by the Corporation of the
Municipality of West Elgin.
DISPOSITION: Carried
SUBJECT: TRI COUNTY MANAGEMENT AGREEMENT
RES. NO. 21 Moved by Mooser
Seconded by Wiehle
RESOLVED that the Council of the Municipality of West Elgin advises the
Tri County Management Committee that Motion 2006-22 is not acceptable
to West Elgin as a new agreement is not required. West Elgin will
continue to work with the committee to make amendments as necessary.
DISPOSITION: Carried
Council discussed matters arising from the Tri County Management Committee meeting
held on May 15, 2006.
SUBJECT: REQUEST FOR PROPOSAL FOR ENGINEERING SERVICES
RES. NO. 22 Moved by Balint
Seconded by Wiehle
RESOLVED that the Council of the Municipality of West Elgin advises the
Tri County Management Committee that West Elgin:
1) is not in agreement with an RFP for engineering services and
project management as per motion 2006-23
2) is not in agreement with the RFP process as proposed by Chatham-
Kent PUC,
3) is not in agreement with the four recommendations in the Chatham-
Kent PUC report dated June 19, 2006.
DISPOSITION: Carried
SUBJECT: NEW WATER TREATMENT PLANT PROJECT
RES. NO. 23 Moved by Bodnar
Seconded by Mooser
Due to the recent record water demand and the concern that the water
system will not have sufficient capacity to meet demand during high
demand periods, Council of the Corporation of the Municipality of West
Elgin has a concern for the integrity of the water system and the related
potential pubic health concerns.
As a result Council recognizes the urgency in proceeding with the design
and construction of the new water treatment plant facility and that any
delay may put the water system in jeopardy,
THEREFORE BE IT RESOLVED that the Council of the Municipality of
West Elgin authorizes OCWA –PDG and Stantec consulting to
immediately commence the design and construction process for the new
water treatment plant in an effort to have the plant commissioned in time
for the summer of 2008.
DISPOSITION: Carried
June 22/06…Page 8 of 8
SUBJECT: CONFIRMATION BY-LAW
RES. NO. 24 Moved by Balint
Seconded by Bodnar
RESOLVED that the mover be granted leave to introduce a By-Law to
confirm the proceedings of the meetings of Council held on June 22, 2006
and this shall be the first and second reading and provisional adoption
thereof.
DISPOSITION: Carried
RES. NO. 25 Moved by Bodnar
Seconded by Balint
RESOLVED that a By-law to confirm the proceedings of the meetings of
Council held on June 22, 2006 be now read a third time and finally passed,
signed, sealed and numbered By-law Number 2006-37– Confirming By-
law June 22 2006.
DISPOSITION: Carried
SUBJECT: ADJOURNMENT
RES. NO. 26 Moved by Mooser
Seconded by Wiehle
RESOLVED that this Regular Meeting of Council shall adjourn at 6:05 p.m.
to meet again on July 13, 2006.
DISPOSITION: Carried
th
These minutes were adopted on July 13 2006.
___________________________ _______________________________
MAYOR CLERK