Municipality of West Elgin

Minutes

Council Meeting

Thursday, July 18, 2024 at 4:00 P.m. - 5:00 P.m.

Council Chambers

160 Main Street

West Lorne

Present:

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

Staff Present:

• M. Badura, CAO/ Treasurer
• 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- 275
  Moved: Councillor Denning
  Seconded: Deputy Mayor Tellier

  That West Elgin Council hereby adopts the Regular Council Agenda for July 18, 2024 as presented.

  
  
  
  Carried

3.

Disclosure of Pecuniary Interest

No disclosures

3.1

Councillor Navackas - South Rodney Drain, Engineers Report

Business owner on lands affected by South Rodney Drain.

4.

Public Meeting for Consideration of the Fleuren Drain Engineers Report, and the South Rodney Drain Engineers Report

• Resolution No. 2024- 276

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

  
  
  
  

4.1

Fleuren Drain, Engineers Report

4.1.1

Public Comment

Mr. Fleuren advised that, while he was the petitioner to request the drain, he does not feel that it is fair that he is responsible for the entire cost assessment of the drain, with little benefit to him. Mr. Spriet advised that there may be another petition for this drain received at the Municipal Office in the upcoming days, which may affect the overall cost assessment and scope of the project and watershed, which was discovered prior to the Public Meeting. 

The Fleuren Drain will be taken back with the Engineer, for further review and redesign.  

4.1.2

Council Comment

Councillor Navackas questioned the compensation for engineering work done thus far, and if the petitioner were to revoke the petition. Mr. Spriet advised that the petitioner would be responsible for payment of the engineering cost to date, if they were to revoke the petition.

4.1.3

Recommendation

• Resolution No. 2024- 277
  Moved: Councillor Statham
  Seconded: Councillor Denning

  That the Council of the Municipality of West Elgin hereby receives the Engineers report as prepared and presented by Mr. J.M. Spriet, P. Eng.; and

  
  That Council direct the Engineer to take the report back for further review. 

  
  
  
  Carried

4.2

South Rodney Drain, Engineers Report

• Councillor Navackas declared a conflict on this item. (Business owner on lands affected by South Rodney Drain.)

Councillor Navackas recused herself from Item 4.2, South Rodney Drain, as a business owner affected by this drain. 

4.2.1

Public Comment

Mr. Dave Kelly addressed Council with his concerns regarding the project. Mr. Kelly owns the lands that are most affected by this request with the majority assessed amount, and the current drain running through the farmland. The proposed drain will be moved to run parallel to Furnival Road. However, there is a potential zoning amendment to turn the affected land into residential, to create housing lots. If this proposal is approved, the drain will require amending again, and Mr. Kelly would be at a loss for the funds he put forth to initially move the drain. 

Mr. Spriet agreed that a new design may be required, and the current proposed design is different to prevent tree roots and has the ability to allow driveways to be installed over top. Mr. Spriet advised to proceed with the provisional by-law reading today to prevent delays, and further discussion will take place in thirty-days at the Court of Revision. Mr. Kelly agreed.

4.2.2

Council Comment

Councillor Denning requested an update on the status of the Official Plan submission to Elgin County, as the municipality is excited for the potential new zoning, and lots created from this parcel. CAO/Treasurer Badura advised that it is with the County, and hopeful to receive correspondence soon. 

4.2.3

Recommendation

• Resolution No. 2024- 278
  Moved: Councillor Denning
  Seconded: Deputy Mayor Tellier

  That the Council of the Municipality of West Elgin hereby receives the Engineers report as prepared and presented by Mr. J.M. Spriet, P. Eng.; and

  
  That Council authorizes staff to initiate the tender process in accordance with the Drainage Act, if required, for the reconstruction to the Municipal Drain known as South Rodney Drain, to be considered by Council following the Court of Revision; and

  
  That the Court of Revision be scheduled for Thursday, August 15th, 2024, at 3:30pm; and

  
  That Council consider the provisional By-Law 2024-52, as presented in the By-Law portion of the agenda for a first and second reading.

  
  
  
  Carried

4.3

Adjournment of Public Meeting (Drainage Act)

• Resolution No. 2024- 279
  Moved: Councillor Statham
  Seconded: Deputy Mayor Tellier

  That West Elgin Council hereby adjourn the Public Meeting, pursuant to the Drainage Act. 

  
  
  
  Carried

5.

Public Meeting for Consideration of Zoning By-law Amendment Application D-14 5-2024 (19911 Pioneer Line)

• Resolution No. 2024- 280
  Moved: Councillor Denning
  Seconded: Councillor Statham

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

  
  
  
  Carried

5.1

Planner Report

• Resolution No. 2024- 281
  Moved: Councillor Denning
  Seconded: Councillor Navackas

  That West Elgin Council hereby receives the report from Robert Brown, Planner regarding Zoning By-law Amendment Application D-14 5-2024 – 19911 Pioneer Line Recommendation Report (Planning Report 2024-17); And

   

  That West Elgin Council approve the rezoning of 19911 Pioneer Line from General Agricultural (A1) Zone to Agricultural Special Regulation 1 (A2-1) and Restricted Agricultural Special Regulation 9 (A3-9) in accordance with the attached draft by-law; And

   

  Further that West Elgin Council consider the proposed amendment to the Zoning By-law, presented in the by-law portion of the July 18, 2024, Council Agenda.

  
  
  
  Carried

5.2

Applicant or Public Comment

Applicant not present, no public present. No comment received by the planner or at the Municipal Office. 

5.3

Council Comment

None.

5.4

Adjournment

• Resolution No. 2024- 282
  Moved: Councillor Statham
  Seconded: Deputy Mayor Tellier

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

  
  
  
  Carried

6.

Closed Session

• Resolution No. 2024- 283
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Statham

  That the Council of the Municipality of West Elgin hereby proceeds into Closed Session at 4:23 pm, to discuss matters pursuant to the Municipal Act, Section 239 (2)(c), being proposed or pending acquisition or disposition of municipal land; And Section 239(2)(d) labour relations or employee negotiations.

  
  
  
  Carried

7.

Report from Closed Session

Clerk Towstiuc reported out at 4:47 pm, that Council received two (2) items pursuant to the Municipal Act, 2001, Section 239 (2), resulting in the following recommendations:

• Resolution No. 2024- 284
  Moved: Councillor Statham
  Seconded: Councillor Navackas

  That West Elgin Council received a report from M. Badura, CAO/Treasurer Re: Pay Equity Adjustment; And

  That Council approve the necessary adjustments, as presented.

  
  
  
  Carried

8.

Adoption of Minutes

• Resolution No. 2024- 285
  Moved: Councillor Denning
  Seconded: Deputy Mayor Tellier

  That West Elgin Council hereby adopt the Minutes of June 27, 2024 as presented. 

  
  
  
  Carried

8.1

Committee and Board Minutes

• Resolution No. 2024- 286
  Moved: Councillor Denning
  Seconded: Deputy Mayor Tellier

  That West Elgin Council hereby acknowledge receipt of the minutes of the Recreation Committee, June 10, 2024, and the Old Town Hall Committee, June 25, 2024, as presented.

  
  
  
  Carried

9.

Business Arising from Minutes

None.

10.

Staff Reports

10.1

Planning

10.1.1

Minor Development Agreement, 10153 Dunborough Road

• Resolution No. 2024- 287
  Moved: Councillor Navackas
  Seconded: Councillor Statham

  That West Elgin Council hereby receives the report from Robert Brown, Planner regarding approval of a minor development agreement for property located at 10153 Dunborough Road.

  That West Elgin Council approve the proposed minor development agreement to temporarily permit a second dwelling at 10153 Dunborough Road during the construction of a new dwelling on the property and authorize the Mayor and Clerk to sign the minor development agreement and register said agreement on title.

  
  
  
  Carried

10.1.2

Dedication & Establishment of Public Highway – Colley Road – Crinan to Stalker

• Resolution No. 2024- 288
  Moved: Councillor Statham
  Seconded: Councillor Denning

  That West Elgin Council hereby receives the report from Robert Brown, Planner, regarding Dedication and Establishment of Public Highways – Colley Road, municipal portion of PIN 35144-0101 between Crinan Line and Stalker Line (Planning Report 2024-22);

  And that West Elgin Council approve the dedication and establishment of a public highway for the municipal portion of Colley Road - Property Identification Number 35114-0101;

  And further that West Elgin Council consider the by-law to dedicate and establish the above noted portion of Colley Road, as public highway, as presented in the by-law portion of the July 18, 2024 Council Agenda.

  
  
  
  Carried

10.2

Building

10.2.1

Monthly Building Report and Comparison, June 2024

• Resolution No. 2024- 289
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Statham

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

  
  
  
  Carried

10.3

Fire

10.3.1

Monthly Fire Activity Report, June 2024

• Resolution No. 2024- 290
  Moved: Councillor Navackas
  Seconded: Councillor Denning

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

  
  
  
  Carried

10.3.2

Incident Summary Report 2023

• Resolution No. 2024- 291
  Moved: Councillor Navackas
  Seconded: Councillor Statham

  That West Elgin Council hereby receives the 2023 Incident Summary report from Jeff McArthur, Fire Chief for information purposes.

  
  
  
  Carried

10.4

Clerk's

10.4.1

Backyard Chicken Survey Results

• Resolution No. 2024- 292
  Moved: Councillor Navackas
  Seconded: Councillor Statham

  That West Elgin Council hereby receives the report from Terri Towstiuc, Clerk Re: Backyard Chicken Survey Results; And

  That Council direct staff to bring back a pilot project proposal to allow back-yard chickens, within the municipality. 

   

  
  
  
  Carried

10.4.2

Memorial/Sponsorship Bench Program

• Resolution No. 2024- 293
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Denning

  That West Elgin Council hereby receives the report from Terri Towstiuc, Clerk Re: Memorial Bench Program; And

  That West Elgin Council direct staff to bring back a Memorial and Sponsored Bench Policy for proposal, at a future meeting of Council.

  
  
  
  Carried

10.4.3

Volunteer Recognition Awards

• Resolution No. 2024- 294
  Moved: Councillor Denning
  Seconded: Deputy Mayor Tellier

  That West Elgin Council hereby receives the report from Terri Towstiuc, Clerk Re: Volunteer Recognition Awards; And

  That West Elgin Council direct staff to create a policy detailing the volunteer recognition categories and criteria, for adoption at the next Regular Council Meeting; And

  That West Elgin Council direct the Clerk to begin preparations for a volunteer recognition event, to be held in the fall of 2024.

  
  
  
  Carried

11.

Committee and Board Reports or Updates

Councillor Denning: The Arena Renaming event is getting closer (August 24, 2024), and the committee has secured St. Thomas MyFM to broadcast and play music for the entire event. A full itinerary will be provided to Council on August 18th, at the regular meeting. 

Mayor Leatham: Heritage Homes is currently on hold, as they currently do not have proper insurance, so it is not wise to move forward with any plans until insurance is in place. 

12.

Notice of Motion

12.1

Mayor Leatham - Elgin County Commitment - Old Town Hall Rodney Library

• Resolution No. 2024- 295
  Moved: Deputy Mayor Tellier
  Seconded: Councillor Statham

  Whereas the Municipality of West Elgin was approved in 2019 for the Investing in Canada Infrastructure Program; Community, Culture and recreation Stream for the renovation Old Town Hall, Rodney; And

  Whereas, on October 24, 2019, the County of Elgin provided a letter of support, in principle, to relocate the Elgin County Library (Rodney Branch) to the renovated Old Town Hall, upon completion; And

  Whereas the successful grant application included the provision of the Rodney Library being a vital component of the renovated Old Town Hall;

  Therefore, the continuation of the proposed renovation requires the continued commitment of the Elgin County Council and the Elgin County Library (Rodney Branch);

  Now be is resolved that the Council of the Municipality of West Elgin hereby requests a revised letter of commitment from the County of Elgin Council, to proceed with the relocation of the Rodney Library, to the renovated Rodney Old Town Hall, upon completion.

  
  
  
  Carried

12.2

Mayor Leatham - Elgin County Library (West Lorne Branch)

• Resolution No. 2024- 296
  Moved: Councillor Denning
  Seconded: Deputy Mayor Tellier

  Whereas the County of Elgin Library, West Lorne Branch, is operating a facility capacity; And

  Whereas the Municipality has a vacant unit in the West Lorne Community Complex located adjacent to the West Lorne Library; 

  And whereas recent interactions with Elgin County staff have indicated a need for the vacant space to increase user capability and programming; 

  Now Therefore, West Elgin Council hereby requests a letter from Elgin County Council and the Elgin County Library indicating the space required, either being the space adjacent to the current library only, or the entire upper units of the West Lorne Community Complex. 

  
  
  
  Carried

13.

Council Inquires/Announcements

None.

14.

Correspondence

• Resolution No. 2024- 297
  Moved: Councillor Statham
  Seconded: Deputy Mayor Tellier

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

  
  
  
  Carried

14.1

AMO Homeless Encampments in Ontario: A Municipal Perspective

14.2

Enbridge Gas Inc. - 2023 Utility Earnings and Disposition of Deferral & Variance Account Balances - OEB Notice of Application

14.3

Planning Act and Development Charges Act Regulations related to the Cutting Red Tape to Build More Homes Act, 2024 (Bill 185)

15.

Items Requiring Council Consideration

15.1

Asset Retirement Obligation

• Resolution No. 2024- 298
  Moved: Councillor Navackas
  Seconded: Councillor Denning

  That West Elgin Council hereby acknowledge receipt of the letter dated June 26, 2024 from the Corporation of the Town of Cobalt Re: Asset Retirement Obligations; 

  And that Council hereby support the resolution from the Town of Cobalt; 

  And further that a copy of this resolution and letter be forwarded to Honourable Paul Calandra, Minister of Municipal 
  Affairs and Housing, the Association of Municipal Clerks and Treasurers of Ontario (AMCTO), MPP Rob Flack, MP Karen Vecchio, and the Town of Cobalt.

  
  
  
  Carried

15.2

Rural and Small Urban Municipalities, Affordability of Water and Wastewater Systems

• Resolution No. 2024- 299
  Moved: Councillor Navackas
  Seconded: Councillor Statham

  That West Elgin Council hereby acknowledge receipt of the letter dated July 4, 2024 from the Corporation of the Town of Tecumseh Re: Rural and Small Urban Municipalities – Affordability of Water and Wastewater Systems; 

  And that Council hereby support the resolution from the Town of Tecumseh; 

  And further that a copy of this resolution and letter be forwarded to The Honourable Doug Ford, Premier of Ontario; the Honourable Kinga Surma, Minister of Infrastructure (Ontario); the Honourable Dominic LeBlanc, Minister of Intergovernmental Affairs, Infrastructure and Communities (Canada); the Honourable Paul Calandra, Minister of Municipal Affairs and Housing, the Honourable Andrea Khanjin, Minister of the Environment, Conservation and Parks (Ontario), the Association of Municipal Clerks and Treasurers of Ontario (AMCTO), MPP Rob Flack, MP Karen Vecchio, and the Town of Tecumseh.

  
  
  
  Carried

15.3

Request to Province of Ontario for New Provincial-Municipal Fiscal Framework

• Resolution No. 2024- 300
  Moved: Councillor Denning
  Seconded: Councillor Navackas

  That West Elgin Council hereby acknowledge receipt of the letter dated July 8, 2024 from the Corporation of the Township of Emo Re: New Provincial-Municipal Fiscal Framework; 

  And that Council hereby support the resolution from the Township of Emo; 

  And further that a copy of this resolution and letter be forwarded to Premier of Ontario; the Minister of Municipal Affairs and Housing; the Minister of Finance; the Association of Municipalities of Ontario; the Association of Municipal Managers, Clerks, and Treasurers of Ontario (AMCTO), MPP Rob Flack, MP Karen Vecchio, and the Township of Emo.

  
  
  
  Carried

15.4

Operational Budget Funding

• Resolution No. 2024- 301
  Moved: Councillor Navackas
  Seconded: Councillor Statham

  That West Elgin Council hereby acknowledge receipt of the letter dated July 8, 2024 from the Corporation of the Township of Emo Re: Operating Budget Funding; And 

  And that Council hereby support the resolution from the Township of Emo; 

  And further that a copy of this resolution and letter be forwarded to Premier of Ontario; the Minister of Municipal Affairs and Housing; the Minister of Finance; the Association of Municipalities of Ontario; the Association of Municipal Managers, Clerks, and Treasurers of Ontario (AMCTO), MPP Rob Flack, MP Karen Vecchio, and the Township of Emo.

  
  
  
  Carried

15.5

Liquor License Notification - July 27, 2024 Wedding

• Resolution No. 2024- 302
  Moved: Councillor Statham
  Seconded: Deputy Mayor Tellier

  That West Elgin Council hereby acknowledge receipt of the event notification from the Sarah Harries, for their private outdoor event, being a wedding to be held at 25889 Downie Line for Kyle Krebs and Stephanie Harries, to be held on Saturday, July 27, 2024, as a requirement from the Alcohol and Gaming Commission of Ontario (AGCO).

  
  
  
  Carried

15.6

Crosswalk in Rodney

Lee Gosnell, Manager of Operations and Community Serivces provided Council with the process required to install "crosswalks" within town, including the need for a pedestrian crossing study. Mr. Gosnell advised that when the reconstruction of Rodney was completed in 2020, a study was done, and there was not enough pedestrian traffic at the time to warrant a crosswalk. If the Municipality completes the study, and does not qualify, the municipality can choose to install at their own cost, which is estimated a $45,000 to $80,000, depending on the style chosen, and must meet the Ontario Traffic Manual standards. Mr. Gosnell also reviewed the amount of parking that will be lost with the installation of a crosswalk. 

Mr. Gosnell advised that he would put together further information and bring back a report to Council at a later date. 

15.7

Rodney Pool Fees - Continued Discussion

A Special Meeting was held on Monday, July 15, 2024, regarding the pool fees, and large concerns regarding the increase to aquafit and public/open swims, with concerns for affordability and low-income families missing out on the pool due to these concerns. 

After the meeting, the municipality received a generous, anonymous donation towards the Rodney Pool, and council passed the following resolution:

• Resolution No. 2024- 301
  Moved: Councillor Navackas
  Seconded: Councillor Statham

  That West Elgin Council hereby authorize staff to utilize the anonymous pool donation to cover the fees for all open swims for the remainder of the season.

  
  
  
  Carried

15.8

Notice of Council's Decision to Petition, Municipality of Dutton Dunwich, Government No. 1 Drain North

• Resolution No. 2024- 302
  Moved: Councillor Denning
  Seconded: Councillor Statham

  That West Elgin Council hereby receive the Notice of Council's Decision to Petition, pursuant to the Drainage Act, from the Municipality of Dutton Dunwich Re: Government No. 1 Drain, and corresponding report and motion; And

  That Council hereby approve the request from Dutton Dunwich to combine the project with the current improvement project for the Government No. 1 Drain North, in the Municipality of West Elgin.

  
  
  
  Carried

16.

Upcoming Meetings

• Four Counties Transit Meeting, July 22, 2024 8:30am
• Old Town Hall, July 23, 2024 7:00pm
• Special Meeting, August 1, 2024 4:00pm, Discussion regarding Economic Development and Recreation Committees
• Arena Board, August 14, 2024, 9:00am
• Court of Revision, August 15, 2024 at 3:30pm
• Regular Council Meeting, August 15, 2024, 4:00pm
• Tri-County Water Board, August 20, 2024, 7:00pm

17.

By-Laws

17.1

South Rodney Drain, Provisional Reading

• Resolution No. 2024- 303
  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 first and second time.

  
  
  
  Carried

17.2

Zoning By-law Amendment, 19911 Pioneer Line

• Resolution No. 2024- 304
  Moved: Councillor Denning
  Seconded: Councillor Statham

  That By-law 2024-53, Being a By-Law to Amend the Municipality of West Elgin Comprehensive Zoning By-Law No. 2015-36 for property at 19911 Pioneer Line, be read a first, second and third and final time.

  
  
  
  Carried

17.3

Fleuren Drain, Provisional Reading

Fleuren Drain sent back to Engineer for further review. No Provisional By-law read or passed.

17.4

Establishment of Public Highway

• Resolution No. 2024- 305
  Moved: Councillor Statham
  Seconded: Councillor Denning

  That By-law 2024-55, Being a By-law to dedicate and establish lands as a Public Highway to be known as part of Colley Road (PIN 35144-0101 (Colley Road) between Crinan Line and Stalker Line, be read a first, second and third and final time.

  
  
  
  Carried

18.

Confirming By-Law

• Resolution No. 2024- 306
  Moved: Councillor Denning
  Seconded: Deputy Mayor Tellier

  That By-law 2024-56 being a By-law to confirm the proceeding of the Regular Meeting of Council held on July 18, 2024, be read a first, second and third and final time. 

  
  
  
  Carried

19.

Adjournment

• Resolution No. 2024- 307
  Moved: Councillor Navackas
  Seconded: Deputy Mayor Tellier

  That West Elgin Council hereby adjourn at 6:51 pm to meet again at 4:00pm, on Thursday August 1, 2024 (Special Meeting) or at the call of the Chair. 

  
  
  
  Carried