Municipality of West Elgin

Minutes

Council Meeting

Thursday, December 19, 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
• Councillor Dougherty

Staff Present:

• Lee Gosnell, Manager of Operations & Community Services
• Jeff McArthur, Fire Chief
• Terri Towstiuc, Clerk
• Magda Badura, CAO/Treasurer

Also Present:

• Jeff Carswell, Special Projects Manager

  Daryl Abbs, Watson and Associates

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).

---

1.

Call to Order

Mayor Leatham called the meeting to order at 4:00 pm.

2.

Adoption of Agenda

Amendment to agenda, to move item 7.5.4, staff report, "Next Steps for Port Glasgow Trailer Park", to be heard prior to item 7.1.

• Resolution No. 2024- 458
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Statham

  That West Elgin Council hereby adopts the Regular Council Agenda for December 19, 2024 as amended.

  
  
  
  Carried

3.

Disclosure of Pecuniary Interest

No disclosures

4.

Public Meeting

• Resolution No. 2024- 459
  Moved: Councillor Dougherty
  Seconded: Councillor Denning

  That West Elgin Council hereby proceed into a Public Meeting pursuant to Development Charges Act.

  
  
  
  Carried

4.1

Purpose of the Public Meeting

The public meeting is to provide for a review of the D.C. background study and to receive public input on the proposed policies and charges. The meeting is a mandatory requirement under the Development Charges Act (D.C.A.).

Prior to Council’s consideration of a by-law, a background study must be prepared and available to the public a minimum 60 days prior to the D.C.
by-law passage.

4.2

Watson & Associates Presentation Re: Development Charges Public Meeting, December 19, 2024

Daryl Abbs, Managing Partner, Watson and Associates, presented the Public Meeting Presentation, which included an overview of the process and timeline, the purpose of Development Charges (DC) to allow municipalities to recuperate capital costs that have occurred from development, DC methodology and eligible services. Mr. Abbs also provided council, staff and public with a history of DC's, changes to legislation, mandatory DC exemptions and discounts, rate freezes and transition periods and local services. The presentation concluded with a growth forecast summary, projected for twenty (20) years, calculated DC rates, comparative municipalities and the next steps in the DC process. 

• Resolution No. 2024- 460
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Statham

  That Council accept the public meeting presentation regarding development charges, presented by Daryl Abbs, Watson and Associates; And

  That Council will consider the Development Charges by-law, in the by-law portion of the agenda. 

  
  
  
  Carried

4.3

Council Comment

Councillor Denning asked about permits for "South End Development", which Mr. Abbs confirmed that permits would need to be pulled to be eligible for "carve out" six (6) months exemption.

Councillor Statham asked about exemptions for certain developers, which Mr. Abbs confirmed that it would be considered municipal bonusing, which is non-compliant with the Municipal Act.

Deputy Mayor Tellier confirmed with Mr. Abbs that affordable housing, as defined by Ministry of Municipal Affairs and Housing (MMAH) in Bill 134, is exempt from Development Charges.

Deputy Mayor Tellier also advised she is concerned with the charges for commercial or industrial, which could deter potential builders for a large business or factory.

4.4

Public Comment or Question

None.

4.5

Adjournment of Public Meeting

• Resolution No. 2024- 461
  Moved: Councillor Dougherty
  Seconded: Deputy Mayor Tellier

  That West Elgin Council hereby adjourn the Public Meeting, pursuant to the Development Charges Act, and proceed into regular session.

  
  
  
  Carried

5.

Adoption of Minutes

• Resolution No. 2024- 462
  Moved: Councillor Denning
  Seconded: Councillor Statham

  That West Elgin Council hereby adopt the Minutes of the Regular Council Meeting, November 28, 2024 and the Special Council Meeting, December 5, 2024, as presented. 

  
  
  
  Carried

6.

Business Arising from Minutes

None.

7.

Staff Reports

7.1

Next steps for the Port Glasgow Trailer Park Lands

Council agreed that operations for the 2025 camping season will be status quo, with the Municipality operating the park. Council removed a deadline for residents to submit a cooperative proposal, as they would like to work with the residents on the advisory committee. 

Council allowed one resident, Carman Lasson, to speak, who advised he would like Council to consider all residents in the municipality, and their wishes for the outcome of the Port Glasgow Trailer Park, prior to any final considerations and decisions. 

• Resolution No. 2024- 463
  Moved: Councillor Dougherty
  Seconded: Deputy Mayor Tellier

  That West Elgin Council receives the report from M. Badura, CAO/Treasurer re: Next steps for the Port Glasgow Trailer Park lands; and That West Elgin council chooses the following recommendations:

  That West Elgin Council considers operating the park for the 2025 calendar year and directs staff to bring 2025 PGTP Fees and Charges By-Law for review and approval at the next meeting of council; And

  That West Elgin Council provide trailer park residents the opportunity to submit offers for consideration; And

  That Council appoint Councillor Dougherty and Councillor Statham to the Port Glasgow Trailer Park Advisory Committee. 

  
  
  
  Carried

7.2

Building

7.2.1

Monthly Building Report, November 2024

• Resolution No. 2024- 464
  Moved: Councillor Statham
  Seconded: Councillor Denning

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

  
  
  
  Carried

7.3

Fire

7.3.1

Monthly Fire Report, October & November 2024

• Resolution No. 2024- 465
  Moved: Councillor Dougherty
  Seconded: Councillor Statham

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

  
  
  
  Carried

7.4

Operations & Community Services

7.4.1

Monthly Operations, November 2024

• Resolution No. 2024- 466
  Moved: Councillor Denning
  Seconded: Deputy Mayor Tellier

  That West Elgin Council hereby receives the report from Lee Gosnell, Manger of Operations & Community Services for information purposes.

  
  
  
  Carried

7.4.2

2025 Dust Suppressant Tender

• Resolution No. 2024- 467
  Moved: Councillor Denning
  Seconded: Councillor Dougherty

  That West Elgin Council hereby receives the report from Lee Gosnell, Manager of Operations & Community Services; And

  That West Elgin Council approves initiating the tender process for dust suppressant prior to 2025 budget deliberations.

  
  
  
  Carried

7.5

Clerk's

7.5.1

Pound keeping Services

• Resolution No. 2024- 468
  Moved: Councillor Dougherty
  Seconded: Deputy Mayor Tellier

  That West Elgin Council hereby receives the report from Terri Towstiuc, Clerk Re: Poundkeeping Services; And

  That Council hereby approve the three (3) month term renewal with the Humane Society London Middlesex, for the period of December 31, 2024, ending March 31, 2025; And

  That Council direct staff to prepare and Request for Tender (RFT), for renewal upon agreement expiry.

  
  
  
  Carried

7.5.2

Backyard Hens - Final By-law and Application Process

• Resolution No. 2024- 469
  Moved: Councillor Statham
  Seconded: Councillor Denning

  That West Elgin Council hereby receives the report from Terri Towstiuc, Clerk, Re: Backyard Urban Hens, Final Report and By-law; And

  That Council approve the application package as presented; And

  Further that Council approve the By-law as presented, in the By-law portion of the December 19, 2024 agenda.

  
  
  
  Carried

7.5.3

2025 Fees - Recreation and Pool

• Resolution No. 2024- 470
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Denning

  That West Elgin Council hereby receives the report from Terri Towstiuc, Clerk Re: 2025 Fees for Recreation and Pool, for information purposes only.

  
  
  
  Carried

7.6

Finance/Administration

7.6.1

2025 Municipal Insurance Renewal

• Resolution No. 2024- 471
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Denning

  That West Elgin Council hereby receives the report from M. Badura CAO/Treasurer, re: 2025 Municipal Insurance Renewal as set out in the renewal documents provided by Intact Public Entity dated November 26, 2024; And

  That West Elgin Council approves payment of the annual premium in the amount of $410,877.00 plus applicable taxes.   

  
  
  
  Carried

7.6.2

Compensation Policy for Non-Unionized Employees and Wage Increases

• Resolution No. 2024- 472
  Moved: Councillor Statham
  Seconded: Councillor Denning

  That West Elgin Council hereby receives the draft copy of the compensation policy from M. Badura, CAO/Treasurer and That, West Elgin council approves the policy as presented, And

  That; West Elgin Council repeal policy HR-3.6 – Compensation Policy and 2020-10 Short-term Acting Positions policy; And

  That; West Elgin Council approves wage increase of 2.0% in accordance with the October’s Statistics Canada Ontario Consumer Price Index (CPI) for All Goods; And

  That; West Elgin Council approves revised 2025 Employee Remuneration schedule for Seasonal Employees.

  
  
  
  Carried

7.6.3

2024 EI Premium Reduction

• Resolution No. 2024- 473
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Dougherty

  That West Elgin Council hereby receives the report from Magda Badura, CAO/Treasurer and;

  That West Elgin Council hereby approves payment from the Premium Employment Insurance Rate reduction to all full-time employees in the total amount of $1,936.35, being 5/12 of the total savings of $ $4,647.23 realized by West Elgin in 2024.

  
  
  
  Carried

7.6.4

Sale of Lands

• Resolution No. 2024- 474
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Statham

  That West Elgin Council hereby receives the report from M. Badura, CAO/Treasurer re: Sale of Lands for information only.

  
  
  
  Carried

8.

Committee and Board Reports or Updates

Councillor Denning advised that West Lorne Minor Hockey Association will be selling merchandise and pre-packaged snacks at the area in the concession area, between the warm room and kitchen. No access will be given to the kitchen. 

9.

Notice of Motion

None received prior to meeting.

10.

Council Inquires/Announcements

None.

11.

Correspondence

• Resolution No. 2024- 475
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Denning

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

  
  
  
  Carried

11.1

Letter dated November 28, 2024, Re: Changes to More Homes Built Faster Act, 2022

11.2

County of Elgin, Council Highlights, November 26, 2024

11.3

Notice of Decision, Draft Plan of Subdivision, KLM Holdings

11.4

County of Elgin, 2025 Planning Fees

12.

Items Requiring Council Consideration

12.1

Meeting Start Time Amendment, February 13, 2025

• Resolution No. 2024- 476
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Dougherty

  That the start time for Thursday, February 13, 2025, be amended to 5:00pm, to accommodate staff Leadership Training.

  
  
  
  Carried

12.2

Ombudsman Review

Deputy Mayor Tellier expressed her concern with the submitted complaints and encouraged the public to speak to any member of Council, prior to submitting complaints to the Ombudsman's Office. Complaints take a considerable about of staff time and financial resources (taxpayers' dollars) that can be spent in critical areas of the municipality.

• Resolution No. 2024- 477
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Denning

  That West Elgin Council hereby acknowledge receipt of the Ombudsman Report, dated December 2024, from Paul Dube, Ombudsman of Ontario Re: Investigation into complaints about closed meetings held by the Municipality of West Elgin on September 14, September 22, September 28, October 12, and October 16, 2023; And

  That Council be vigilant in adhering to their individual and collective obligation to ensure that the Municipality complies with its responsibilities under the Municipal Act, 2001; And

  That Council ensure that the public is provided with notice of all council meetings that contains the date, time, and location of the meeting, including specific information about how to access the meeting electronically, if appropriate; And

  That When relying on the emergency meeting provisions in its procedural by-law to hold a meeting without public notice, the Municipality of West Elgin should ensure it meets the standard set by the procedural by-law for an emergency; And

  That Council and staff commit to reviewing the West Elgin Procedural By-law 2024-05, to ensure compliance for all open meetings. 

  
  
  
  Carried

12.3

Request for Fee Waiver, Tiny Tots Re: Breakfast with Santa

• Resolution No. 2024- 478
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Denning

  That West Elgin Council hereby approve the request from Shelley Smith, Supervisor/RECE, Tiny Tots Cooperative Nursery School of Aldborough Inc. for a fee waiver of $550 plus applicable taxes, for the Breakfast with Santa event held on Saturday December 7, 2024. 

  
  
  
  Carried

12.4

Fee Waiver Request, West Lorne Optimist Club, Quarter Auction January 31, 2025

• Resolution No. 2024- 479
  Moved: Councillor Dougherty
  Seconded: Councillor Denning

  That West Elgin Council hereby receive the request dated December 16, 2024, from Joan Neil, Co-Chair, Quarter Auction Event, West Lorne Optimist Club for fee waiver, for a Quarter Auction to be held at the Rodney Recreation Centre on Friday, January 31, 2025, for an estimated rental cost of $200 plus applicable taxes; And

  That Council hereby approve the request, as presented.

  
  
  
  Carried

13.

By-Laws

13.1

2024-83 - Committee and Board Appointment

Councillor Dougherty and Councillor Statham to be added to Port Glasgow Trailer Park Advisory Committee, and included in By-law 2024-83

• Resolution No. 2024- 480
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Statham

  That By-law 2024-83, as amended, being a By-Law to appoint members to the various Boards, Committees and Authorities in the Municipality of West Elgin, and Repeal By-law 2024-32, be read a first, second and third and final time.

  
  
  
  Carried

13.2

2024-84 - Backyard Urban Hens

• Resolution No. 2024- 481
  Moved: Councillor Denning
  Seconded: Councillor Statham

  That By-law 2024-84, being a By-law to regulate and licence the keeping of Backyard Hens within Residential First Density (R1), Hamlet Residential (HR) Rural Residential (RR) Zones in the Municipality of West Elgin, be read a first, second and third and final time.

  
  
  
  Carried

13.3

2024-85 - Development Charges

• Resolution No. 2024- 482
  Moved: Councillor Statham
  Seconded: Councillor Dougherty

  That By-law 2024-85, being a By-law to establish Development Charges for the Municipality of West Elgin, be read a first, second and third and final time.

  
  
  
  Carried

13.4

2024-86 - Drain Debenture, Yauch Drain, 10-Year

• Resolution No. 2024- 483
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Denning

  That By-law 2024-86, being a By-law to Authorize the issue of Debentures in the principal amount of $91,803.26 for the construction of Yauch Drain, be read a first, second and third and final time.

  
  
  
  Carried

13.5

2024-87 - Drain Debenture, Yauch Drain, 5-Year

• Resolution No. 2024- 484
  Moved: Councillor Denning
  Seconded: Councillor Statham

  That By-law 2024-87, being a By-law to Authorize the issue of Debentures in the principal amount of $18,493.78 for the construction of Yauch Drain, be read a first, second and third and final time.

  
  
  
  Carried

13.6

By-law 2024-88, Emergency Management "All Encompassing" By-law

• Resolution No. 2024- 485
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Statham

  That By-law 2024-88, being a By-Law to adopt an Emergency Management Program and Emergency Response Plan and to meet other Requirements under the Emergency Management and Civil Protection Act and Repeal By-law 2023-98, be read a first, second and third and final time.

  
  
  
  Carried

14.

Closed Session

• Resolution No. 2024- 486
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Denning

  That the Council of the Municipality of West Elgin hereby proceeds into Closed Session at 6:24 pm, to discuss matters pursuant to the Municipal Act, Section 239 2(b), being personal matters about identifiable individuals; And Section 239 (2)(d), being labour relations or employee negotiations.

  
  
  
  Carried

15.

Report from Closed Session

Report from closed at 7:47 pm.

Council received seven (7) items in compliance with Municipal Act, Section 239 2(b), being personal matters about identifiable individuals; And Section 239 (2)(d), being labour relations or employee negotiations.

Discussions resulted in the following recommendations:

• Resolution No. 2024- 487
  Moved: Councillor Denning
  Seconded: Councillor Statham

  That the CAO/Treasurer be authorized to proceed as directed by Council.

  
  
  
  Carried
• Resolution No. 2024- 488
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Statham

  That West Elgin Council hereby receives the report from M. Badura, CAO/Treasurer re: Special Project Manager – Agreement Extension; and That West Elgin council provide an extension to the Part-Time Employment agreement dated February 22, 2024 to June 30th, 2025 and provide authorization to increase his hours as required but not to exceed 35 hours per week.

  
  
  
  Carried
• Resolution No. 2024- 489
  Moved: Councillor Denning
  Seconded: Deputy Mayor Tellier

  That West Elgin Council hereby appoint Travis Roodzant and Philip Sousa to the Economic Development Committee.

  
  
  
  Carried

16.

Media Release

To be released December 20, 2024.

At the Regular Meeting of Council on December 19, 2024, the Municipality of West Elgin’s Chief Administrative Officer (CAO) announced, that she will be officially transitioning from CAO/Treasurer to Manager of Corporate Services (Treasurer).

Magda Badura joined the Municipality of West Elgin in 2016 as the Municipal Treasurer and progressed into the role of CAO/Treasurer in 2019. During her tenure, Magda led the team through many challenges, including the COVID-19 pandemic. She has been a vital contributor to many implemented policies, programs and partnership agreements.

“On behalf of West Elgin Council, I would like to express our profound appreciation to Magda for her commitment to the community and municipality.  We thank Magda for her contributions as CAO/Treasurer and look forward to continuing our working relationship as the Manager of Corporate Services (Treasurer). Council is confident that Magda will excel in this position.” – Mayor Richard Leatham

"While West Elgin has faced so many challenges in the past few years, I am proud of the work we have accomplished. Although the decision to transition into the Manager of Corporate Services role was not easy, this will allow a better work-life balance for myself and family. I look forward to continuing working along side the senior leadership team, staff and council, working for a shared vision for the Municipality, and assisting with the implementation of an interim CAO. I want to thank Mayor Leatham and Council for the continuous support and encouragement, providing me with opportunities to learn and grow.” – CAO/Treasurer, M. Badura.

In the coming weeks, the Municipality of West Elgin will announce an interim CAO, with plans to begin the recruitment process for a permanent CAO, in the future. We wish to thank all residents and staff for their continued support and patience, during this transition period.

17.

Confirming By-Law

• Resolution No. 2024- 490
  Moved: Councillor Dougherty
  Seconded: Councillor Statham

  That By-law 2024-89 being a By-law to confirm the proceeding of the Regular Meeting of Council held on December 19, 2024, be read a first, second and third and final time. 

  
  
  
  Carried

18.

Adjournment

• Resolution No. 2024- 491
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Denning

  That the Council of the Municipality of West Elgin hereby adjourn at 7:51 pm to meet again at 4:00pm, on Thursday, January 9, 2025, or at the call of the Chair. 

  
  
  
  Carried