Municipality of West Elgin

Minutes

Council Meeting

Thursday, September 12, 2024 at 4:00 P.m. - 5:00 P.m.

Council Chambers

160 Main Street

West Lorne

Present:

• Mayor Leatham
• Deputy Mayor Tellier
• Councillor Denning
• Councillor Statham

Staff Present:

• L. Gosnell, Manager of Operations & Community Services
• Jeff McArthur, Fire Chief
• Robert Brown, Planner
• Terri Towstiuc, Clerk

Council Meetings are held in-person at 160 Main Street, West Lorne, and the post-meeting recording available at www.westelgin.net, when available (pending no technical difficulties).

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1.

Call to Order

Mayor Leatham called the meeting to order at 4:02 pm.

2.

Adoption of Agenda

• Resolution No. 2024- 338
  Moved: Councillor Statham
  Seconded: Councillor Denning

  That West Elgin Council hereby adopts the Regular Council Agenda for September 12, 2024 as presented.

  
  
  
  Carried

3.

Disclosure of Pecuniary Interest

No disclosures

4.

Public Meeting

• Resolution No. 2024- 339
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Statham

  That West Elgin Council hereby proceed into a Public Meeting pursuant to the Planning Act.

  
  
  
  Carried

4.1

Planners Report, Zoning By-law Amendment Application D14 2-2023 & Draft Plan of Subdivision Application 34T WE2301, 22003 Queens Line

• Resolution No. 2024- 340
  Moved: Councillor Denning
  Seconded: Deputy Mayor Tellier

  That West Elgin Council hereby receives the report from Robert Brown, Planner regarding Zoning By-law Amendment Application D-14 2-2023 and Draft Plan of Subdivision 34T-WE2301 for lands on the south side of Queen’s Line (address 22003) – Recommendation Report – (Planning Report 2024-27);

  That West Elgin Council approve the zoning by-law amendment for the subject parcel on Queen’s Line to:

  1. Rezone the property from Future Residential (FR) & Residential First Density (R1) to a site-specific Residential Second Density Special Use Regulation 2 (R2-2);
  2. Rezone the property from Future Residential (FR) to Residential Third Density Special Use Regulation 7 (R3-7);
  3. Establish site-specific regulations for each of the proposed special zones.

     That West Elgin Council receives comment from the public for the Draft Plan of Subdivision and direct staff to provide a resolution of support for the Draft Plan of Subdivision 34T WE 2301 to the County of Elgin for approval.

      

     That West Elgin Council consider the proposed amendment to the West Elgin Comprehensive Zoning by-law, as presented in the by-law portion of the September 12, 2024, Council Agenda.

      

  
  
  
  Carried

4.2

Applicant and/or Public Comment

Ruth Kar, resident at 202 Harper Street, spoke to Council, regarding the 3-metre setback, which was addressed by Mr. Brown. Mrs. Karn also requested detail regarding the grading/slope plan and where the construction entrance will be located, neither of which can be answered at this stage. 

 

Eric Steele, Monteith Brown Planning Consultants, on behalf of their clients (applicants) advised Council that there are no concerns regarding the status of the recommendations, and was available to assist with answering any Council questions or concerns, if necessary. 

4.3

Council Comment

Councillor Denning asked if the road would be conveyed to the municipality, upon complete. Mr. Brown advised that yes, it would become a municipal road. 

Councillor Statham followed-up with asking if the development would be subject to development charges, which was recently discussed at council. Mr. Brown advised that yes, if the DC By-laws is passed before the start of development and permits, the applicant would be subject to development charges. 

4.4

Adjournment of Public Meeting

• Resolution No. 2024- 341
  Moved: Councillor Statham
  Seconded: Deputy Mayor Tellier

  That West Elgin Council hereby adjourn the public meeting, pursuant to the Planning Act.

  
  
  
  Carried

5.

Adoption of Minutes

• Resolution No. 2024- 342
  Moved: Councillor Statham
  Seconded: Deputy Mayor Tellier

  That West Elgin Council hereby adopt the Minutes of August 15, 2024 as presented. 

  
  
  
  Carried

5.1

Committee and Board Minutes

• Resolution No. 2024- 343
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Denning

  That West Elgin Council hereby acknowledge receipt of the minutes from the West Elgin Community Centre Board of Management, April 10, 2024; the Recreation Committee, July 22, 2024; And the Four Counties Transit Committee, July 22, 2024, as information only.

  
  
  
  Carried

6.

Business Arising from Minutes

7.

Staff Reports

7.1

Planning

7.1.1

Severance Application E70-24 – Comment to Elgin County

• Resolution No. 2024- 344
  Moved: Councillor Statham
  Seconded: Councillor Denning

  That West Elgin Council hereby receives the report from Robert Brown, Planner regarding consent application File E70-24 – Comments to the County of Elgin (Planning Report 2024-28);

  And that West Elgin Council hereby recommends approval to the Land Division Committee of the County of Elgin for severance application E70-24, subject to the Lower-Tier Municipal conditions in Appendix One of this report;

  And further that West Elgin Council direct Administration to provide this report as Municipal comments to the County of Elgin

  
  
  
  Carried

7.2

Building

7.2.1

Monthly Building Report, August 2024

• Resolution No. 2024- 345
  Moved: Councillor Statham
  Seconded: Deputy Mayor Tellier

  That West Elgin Council hereby receives the report from Corey Pemberton, CBO Re: Building Department Summary Report for the month of August 2024.

  
  
  
  Carried

7.3

Fire

7.3.1

Monthly Fire Report, July & August 2024

• Resolution No. 2024- 346
  Moved: Councillor Statham
  Seconded: Councillor Denning

  That West Elgin Council hereby receives the Monthly Fire report for July, August 2024, from Jeff McArthur, Fire Chief, for information purposes.

  
  
  
  

7.4

Municipal Drains

7.4.1

Section 4, Petition for Drainage Works

• Resolution No. 2024- 347
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Statham

  That Council of the Municipality West Elgin hereby receives the Section 4, Petition for Drainage Works by Owners, Form 1; and

  That Council approve request for the construction of a new tile drain, dated July 23, 2024, submitted by Brian McGill; and

  That Council direct Staff to forward to Spriets and Associates, to proceed with the necessary steps pursuant to the Drainage Act.

  
  
  
  Carried

7.4.2

South Rodney Drain Tender

• Resolution No. 2024- 348
  Moved: Councillor Denning
  Seconded: Councillor Statham

  That West Elgin Council hereby receives the report from Terri Towstiuc, Clerk, Re: Tender Results, South Rodney Drain; and

  That Council approve the low tender submission from Gillier Construction for the South Rodney Drain, in the amount of $258,092 (HST included); and

  That the third reading of the by-law will be read during the by-law portion of the meeting, allowing drainage work to commence ten (10) days afterward.

  
  
  
  Carried

7.5

Clerk's

7.5.1

Declaration of Council Vacancy, Ward 3

• Resolution No. 2024- 349
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Statham

  That West Elgin Council hereby receives the report from Terri Towstiuc, Clerk Re: Declaration of Vacancy, Councillor, Ward 3; And

  Whereas former Ward 3 Councillor Michelle Navackas resigned from Council on August 15, 2024;

  Therefore, pursuant to section 262 (1) of the Municipal Act, 2001, Council of the Municipality of West Elgin does hereby declare the office of Councillor, Ward 3, to be vacant.

  
  
  
  Carried

7.5.2

 Filling the Vacancy of Ward 3 Councillor

• Resolution No. 2024- 350
  Moved: Councillor Statham
  Seconded: Councillor Denning

  That West Elgin Council hereby receives the report from Terri Towstiuc, Clerk re: Options, Filling the Vacancy of Ward 3 Councillor; And

   

  That Council direct the Clerk to bring back a report with updated costs for a By-election, at the next regular meeting. 

  
  
  
  Carried

7.5.3

Committee and Board Attendance/Coverage

• Resolution No. 2024- 351
  Moved: Councillor Statham
  Seconded: Deputy Mayor Tellier

  That West Elgin Council hereby receives the report from Terri Towstiuc, Clerk Re: Committee and Board Attendance and Coverage, for information purposes only.

  
  
  
  Carried

7.6

Finance/Administration

7.6.1

Rodney Sewage Tender Authorization

• Resolution No. 2024- 352
  Moved: Councillor Denning
  Seconded: Councillor Statham

  That West Elgin Council hereby receives the report from M. Badura, CAO/Treasurer re: Rodney Sewage Tender authorization and That West Elgin council approves the tender from Birnam Excavating Ltd. in the amount $3,362,386.67 plus applicable taxes;

  And That, West Elgin Council approves the request for additional engineering services from RV Anderson in the amount of $44,112.35 plus applicable taxes;

  And That West Elgin Council approves additional cost for engineering services for classified areas in the amount of $41,520.60 plus applicable taxes.

  
  
  
  Carried

7.6.2

Roots and Revival Event Update

Kathy Navackas, Event Coordinator, was present electronically, and CAO Badura requested Councils permission for Ms. Navackas to speak. Council granted permission. Ms. Navackas advised Council that plans are well underway, with the event taking place October 4 to 12. Ms. Navackas advised that the purpose of the event is to be an economic driver for the municipality, with tourism, art and culture attracting people to the area. The event's intention is to revision and utilize empty space, and showcase local talent with a new mural to be painted on the exterior wall of Southside Restaraunt. The grant funding will also purchase a new sound system, which will be owned by the municipality to be used for any events required. 

The event will included a licensed entertainment area, youth participation, Fire Fighters breakfast and Saturday vendors markets on Furnival Road.

• Resolution No. 2024- 353
  Moved: Councillor Statham
  Seconded: Councillor Denning

  That West Elgin Council hereby receives the report from M. Badura, CAO/Treasurer re: Roots & Revival event update for information only;

  And That, West Elgin Council approves the execution of the agreement with Canadian Urban Institute as attached to this report;

  And That West Elgin Council authorizes to release of funds amounting to the maximum of $130,000.00 to cover the upcoming deposits and critical purchases for the festival.

  And That, West Elgin Council approves in-kind contribution for the purpose of Recreation Center rental in the amount of $3,000.00

  And That, West Elgin Council approves in-kind of contribution related to the road closure permit application and staff time in the amount of $1,700.00

  
  
  
  Carried

7.6.3

Investment Proposal

• Resolution No. 2024- 354
  Moved: Councillor Denning
  Seconded: Councillor Statham

  That West Elgin Council hereby receives the report from M. Badura, CAO/Treasurer re: ONE Investment proposal;

  And That, West Elgin Council give the Treasurer full authority to invest through ONE Investment and add all ONE Investment Portfolios (HISA, Bond, Corporate Bond, and Equity) as eligible investments for the municipality.

  And that; West Elgin council approves a transfer in the amount of $1,000,000.00 to ONE Investment account for the purpose of establishing an investment portfolio consisting of bonds, equity and high interest savings account;

  
  
  
  Carried

7.6.4

Community Sport and Recreation Infrastructure Fund Grant Funding Opportunity

• Resolution No. 2024- 355
  Moved: Councillor Denning
  Seconded: Councillor Statham

  That West Elgin Council hereby receives the report from M. Badura, CAO/Treasurer re: Community Sport and Recreation Infrastructure Fund Grant funding opportunity;

  And That West Elgin Council approve the submission of a grant application for the purpose of arena renovations;

  And That the Municipality of West Elgin shall partner with the Municipality of Dutton-Dunwich to strengthen the grant application.

   

  
  
  
  Carried

7.6.5

Year-to-Date Financials, August 31, 2024

• Resolution No. 2024- 356
  Moved: Councillor Statham
  Seconded: Councillor Denning

  That West Elgin Council hereby receives the report from M. Badura, CAO/Treasurer re: 2024 YTD Financials as of August 31, 2024 to be received and filed.

  
  
  
  Carried

8.

Committee and Board Reports or Updates

No updates provided from Council.

9.

Notice of Motion

None Received. 

10.

Council Inquires/Announcements

Mayor Leatham and CAO Badura advised Council that Elgin County Council approved to expand the West Lorne Library, to include the former Employment Services office. The County will be forwarding a letter of intent to the Clerks office. The County will proposed to receive a letter of intent from the municipality, which must include square footage and concept plan. This will be put into the 2025 operating budget, and the County is willing to provide a ten-year interest free loan.

Deputy Mayor Tellier advised the fair would like to have the Old Jail open, however we require a volunteer to be at the premises. Councillor Denning volunteered, and will be on site from 6-8pm, Friday September 13, 2024. 

11.

Correspondence

• Resolution No. 2024- 357
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Statham

  That West Elgin Council hereby receive and file all correspondence not otherwise dealt with. 

  
  
  
  Carried

11.1

Elgin County Council Highlights, August 13, 2024

11.2

City of Cambridge, Mental Health and Addictions Survey Results

11.3

Press Release, Rural Municipal Leaders Support ‘Solve the Crisis’ Campaign to Address Homelessness and Mental Health

11.4

Communities in Bloom Symposium and Awards, September 19, 2024

11.5

County of Elgin, Notice of No Appeals, E 47-24

11.6

County of Elgin, Notice of Decision, E 63-24 to E35-24

11.7

County of Elgin, Notice of Decision, E 67-24

11.8

Enbridge Gas and Imperial Webinar Invitation Re: Enabling Carbon Capture and Storage in Ontario

12.

Items Requiring Council Consideration

12.1

October 10, 2024 Council Meeting

• Resolution No. 2024- 358
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Statham

  That pursuant to Section 4.2.2 of West Elgin By-law 2024-05, Procedural By-law, West Elgin Council hereby alter the start time of the October 10, 2024, Regular Council meeting to commence at 5:00pm.

  
  
  
  Carried

12.2

Water Distribution Endorsement

• Resolution No. 2024- 359
  Moved: Councillor Statham
  Seconded: Deputy Mayor Tellier

  That West Elgin Council hereby receive and endorse the Operational Plan for the West Elgin Distribution System; And

  that Council hereby authorize the Mayor and CAO to sign the Operational Plan, as required.

  
  
  
  Carried

12.3

Roots and Revival Road Closure

• Resolution No. 2024- 360
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Statham

  That West Elgin Council hereby receive the letter dated September 5, 2024, from Kathy Navackas, Festival Coordinator, Roots and Revival; And

  That Council approve the road closure request for Furnival Road, Saturday, October 5 and Saturday October 12, 2024, both between the hours of 8:30am and 6:00pm, between Moriah Street and Clark Street, for the accommodation of a vendor's market.

  
  
  
  Carried

12.4

Lake of Bays and Terrace Bay Resolutions Re: Request for Provincial Government to Address Physician Shortage

• Resolution No. 2024- 361
  Moved: Councillor Denning
  Seconded: Councillor Statham

  That West Elgin Council hereby supports the recommendations received from the Township of Terrace Bay and the Township of Lake of Bays Re: Physician Shortage; And

  That Council direct staff to forward the letter of support and corresponding recommendation letters to the Premier of Ontario, the Ontario Minister of Health, the Chief Medical Officer of Health, the Association of Municipalities of Ontario, the Ontario Medical Association, local MP and local MPP. 

  
  
  
  Carried

12.5

Township of Terrace Bay resolution Re: Ontario Long Service Medals

• Resolution No. 2024- 362
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Statham

  That West Elgin Council hereby supports the recommendation received from the Township of Terrace Bay Re: Ontario Long Service Medals; And

  That Council direct staff to forward the letter of support and corresponding recommendation to the Premier of Ontario, Minster of Health, Solicitor General, Minister of Citizenship, local MP and local MPP.

  
  
  
  Carried

12.6

City of Quinte West Re: Canada Community Building Fund

• Resolution No. 2024- 363
  Moved: Councillor Denning
  Seconded: Councillor Statham

  That West Elgin Council hereby supports the recommendation received from the City of Quinte West Re: The Canada Community-Building Fund; And

  That Council direct staff to forward the letter of support and corresponding recommendation to the Office of the Prime Minister, Minister of Finance, President of AMO, local MP and local MPP.

  
  
  
  Carried

12.7

Tay Valley Township resolution Re: Province Removes Wetlands Protection for Eastern Ontario

• Resolution No. 2024- 364
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Denning

  That West Elgin Council hereby supports the recommendation received from the Tay Valley Township Re: Province Removes Wetlands from Eastern Ontario; And

  That Council direct staff to forward the letter of support and corresponding recommendation to the Minister of Natural Resources, Rural Ontario Municipal Association (ROMA), local MP and local MPP.

  
  
  
  Carried

12.8

Councillor Denning, Bowling Tournament

• Resolution No. 2024- 365
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Statham

  That West Elgin Council hereby authorize Councillor Denning to attend the Terrace Lodge Bowling Tournament and Fundraiser, offering support and benefits to the residents of West Elgin; And

  That Council authorize a fee payment of $1,500.

  
  
  
  Carried

13.

Upcoming Meetings

• September 18, 7pm - Recreation Committee
• September 19, 3:30pm - Old Town Hall Committee
• September 24, 7pm - Tri County Water Board
• September 26, 4pm - Council

 

• October 10, 4pm - Council
• October 16, 9am - Bo Horvat Community Center Board of Management (Arena)
• October 16, 7pm - Recreation Committee
• October 21, 8:30am - Four Counties Transit Committee
• October 24, 4:00pm - Council

14.

By-Laws

14.1

2024-52, South Rodney Drain, 3rd Reading

• Resolution No. 2024- 366
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Statham

  That By-law 2024-52, being a By-Law to provide for drainage works on the South Rodney Drain in the Municipality of West Elgin, be read a third and final time.

  
  
  
  Carried

14.2

2024-64, Zoning By-law Amendment, 22003 Queens Line

• Resolution No. 2024- 367
  Moved: Councillor Denning
  Seconded: Councillor Statham

  That By-law 2024-64, being a By-Law to Amend the Municipality of West Elgin Comprehensive Zoning By-Law No. 2015-36 for 22003 Queen’s Line, be read a first, second and third and final time.

  
  
  
  Carried

14.3

2024-65, Gas Tax Funding Agreement for Public Transportation

• Resolution No. 2024- 368
  Moved: Councillor Statham
  Seconded: Deputy Mayor Tellier

  That By-law 2024-65, being a By-law to Authorize the Execution of an Agreement between His Majesty the King in Right of Ontario and The Corporation of the Municipality of West Elgin for the Dedicated Gas Tax Funds for Public Transportation Program, be read a first, second and third and final time.

  
  
  
  Carried

14.4

2024-66, Agreement with Canadian Urban Institute Re: Roots and Revival Festival

• Resolution No. 2024- 369
  Moved: Councillor Statham
  Seconded: Deputy Mayor Tellier

  That By-law 2024-66, being a By-law to Authorize the Execution of an Agreement between The Corporation of the Municipality of West Elgin and Canadian Urban Institute for the purposes of My Main Street 2.0 Community Activator Stream Ultimate Recipient Funding Agreement, be read a first, second and third and final time.

  
  
  
  Carried

15.

Closed Session

• Resolution No. 2024- 370
  Moved: Councillor Statham
  Seconded: Councillor Denning

  That the Council of the Municipality of West Elgin hereby proceeds into Closed Session at 5:57 pm, to discuss matters pursuant to the Municipal Act, Section 239 (2)(a), being the security of the property of the municipality; Section 239 (2)(b), personal matters about identifiable individuals, including municipal or local board employees; And Section 239(2)(c), a proposed or pending acquisition or disposition of land by the municipality.

  
  
  
  Carried

16.

Report from Closed Session

Council reconvenes into Open Session at 6:47 pm.

Clerk T. Towstiuc reported that Council received three (3) items pursuant to section 239(2)(c), proposed or pending acquisition or disposition of land; one (1) item pursuant to section 239(2)(a), security of municipal property; and one (1) item pursuant to section 239(2)(b), identifiable individuals. 

Council provided administrative direction to staff, and were provided the following recommendations, to be passed in Open Session:

• Resolution No. 2024- 371
  Moved: Councillor Statham
  Seconded: Councillor Denning

  That West Elgin Council hereby receives the report from M. Badura, CAO/Treasurer re: Disposition of Land;

  And That West Elgin Council declares the lands located at 0 Center Street, PLAN 202 PT LOT 11 RP 11R779;PT PART 2 surplus;

  And That, West Elgin Council declares the lands located at 282 Furnival Road, PLAN 202 E PT LOT 11 RP;11R2724 PARTS 4 AND 5 surplus;

  And That, West Elgin council direct staff to obtain at least one appraisal, prepared by qualified professional.

  
  
  
  Carried
• Resolution No. 2024- 372
  Moved: Councillor Statham
  Seconded: Deputy Mayor Tellier

  That West Elgin Council hereby receives the report from M. Badura, CAO/Treasurer re: Land Purchase – 0 Main Street and that West Elgin Council approves the purchase of the lands for $16,600 plus applicable land transfer tax.

  
  
  
  Carried
• Resolution No. 2024- 373
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Denning

  That West Elgin Council hereby receives the report from M. Badura, CAO/Treasurer re: Internal & External Penetration recommendation timeline and 2025 Budget requirements for information;

  And That, West Elgin council pre-approves the estimated hours required by Zouling Technologies Inc. to address the deficiencies outlined in the Cypher report dated August 6, 2024, in the amount of $7,800.00 plus applicable taxes.

  
  
  
  Carried

17.

Confirming By-Law

• Resolution No. 2024- 374
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Statham

  That By-law 2024-67 being a By-law to confirm the proceeding of the Regular Meeting of Council held on September 12, 2024, be read a first, second and third and final time. 

  
  
  
  Carried

18.

Adjournment

• Moved: Deputy Mayor Tellier
  Seconded: Councillor Statham

  That the Council of the Municipality of West Elgin hereby adjourn at 6:50pm, to meet again at 4:00pm, on Thursday, September 26, 2024, or at the call of the Chair. 

  
  
  
  Carried