Municipality of West Elgin

Minutes

Council Meeting

Thursday, June 22, 2023 at 9:30 A.m. - 12:30 P.m.

West Elgin Community Complex - Hybrid Meeting

160 Main St

West Lorne

Electronic Hybrid Meeting

Present:

• Mayor R. Leatham
• Councillor T. Tellier
• Councillor Navackas
• Councillor Denning
• Magda Badura

Staff Present:

• M. Badura, CAO/ Treasurer
• L. Gosnell, Manager of Operations & Community Services
• Robert Brown, Planner
• Terri Towstiuc, Clerk

This Meeting was held in Hybrid format and the recording available at www.westelgin.net (pending no technical difficulties)

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1.

Call to Order

Mayor Leatham called the meeting to order at 9:30 a.m.

2.

Adoption of Agenda

• Resolution No. 2023- 145
  Moved: Councillor Denning
  Seconded: Councillor Tellier

  That the Council of the Municipality of West Elgin hereby adopts the Agenda as presented.

  
  
  
  Carried

3.

Disclosure of Pecuniary Interest

No disclosures

4.

Drainage Act

Brandon Widner, P. Eng., Spriets and Associate, attended Council to present the drain reports for the Calixte & Primak Drain, Eastlake Drain, Wright Drain and Stricker Drain. Mr. Widner reviewed the details of the initial request, the rationale for the proposed work and the scope of the report and plan. Mr. Widner was available to answer any questions from Council and landowners present. 

4.1

JM Spriet, PEng., Meeting to Consider Engineers Report - Calixte Drain and Primak Drains

• Resolution No. 2023- 146
  Moved: Councillor Navackas
  Seconded: Councillor 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, if required, for the reconstruction to the Municipal Drain known as Calixte Drain and Primak Drains, to be considered by Council following the Court of Revision; and

  That Council consider the provisional By-Law 2023-54, as presented in the By-Law portion of the agenda for a first and second reading.

  
  
  
  Carried

4.2

JM Spriet, PEng., Meeting to Consider Engineers Report - Eastlake Drain

• Resolution No. 2023- 147
  Moved: Councillor Tellier
  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 authorizes staff to initiate the tender process, if required, for the reconstruction to the Municipal Drain known as Eastlake Drain, to be considered by Council following the Court of Revision; and

  That Council consider the provisional By-Law 2023-55, as presented in the By-Law portion of the agenda for a first and second reading.

  
  
  
  Carried

4.3

JM Spriet, PEng., Meeting to Consider Engineers Report - Wright Drain

• Resolution No. 2023- 148
  Moved: Councillor Denning
  Seconded: Councillor Navackas

  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, if required, for the reconstruction to the Municipal Drain known as Wright Drain, to be considered by Council following the Court of Revision; and

  That Council consider the provisional By-Law 2023-56, as presented in the By-Law portion of the agenda for a first and second reading.

  
  
  
  Carried

4.4

JM Spriet, PEng., Meeting to Consider Engineers Report - Stricker Drain

• Resolution No. 2023- 149
  Moved: Councillor Tellier
  Seconded: Councillor Navackas

  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, if required, for the reconstruction to the Municipal Drain known as Stricker Drain, to be considered by Council following the Court of Revision; and

  That Council consider the provisional By-Law 2023-57, as presented in the By-Law portion of the agenda for a first and second reading.

  
  
  
  Carried

Recess - Five (5) Minute Break

5.

Public Meeting - Planning - ZBA D-14 9-2023

• Resolution No. 2023- 150
  Moved: Councillor Denning
  Seconded: Councillor Tellier

  That the Council of the Municipality of West Elgin proceed into a Public Meeting pursuant to Section 34 of the Planning Act in order to hear an application to rezone property located at 24424 Pioneer Line.

  
  
  
  Carried

5.1

Purpose of the Public Meeting

The Municipality of West Elgin has received the above-noted application for lands located on the north side of Pioneer Line, between Kerr Road and the west edge of West Lorne. The subject property is designated Agricultural by the Official Plan and zoned General Agricultural, (A1) Zone under the West Elgin Zoning By-law.

The subject lands are 8.9 ha (22 ac.) in area with frontage along Pioneer Line. The property is currently vacant. The applicant recently purchased the property with the intent of constructing a new dwelling and establishing an agricultural related business on the site. The company designs and manufactures lift kits for field sprayers. A site-specific zoning amendment is required to:

1. establish a definition for agriculture related service use;
2. add agriculture related service use as a site-specific permitted use, and
3. establish supporting provisions to regulate the use.

5.2

Zoning Amendment Application D-14 9-2023 - Recommendation Report - Planning Report 2023-22

• Resolution No. 2023- 151
  Moved: Councillor Denning
  Seconded: Councillor Tellier

  That West Elgin Council hereby receives the report from Robert Brown, Planner regarding Zoning By-law Amendment Application D-14 9-2023 – 24424 Pioneer Line Recommendation Report (Planning Report 2023-027)

  That West Elgin Council approve the zoning amendment for the subject parcel on Pioneer Line to:

  1. add a definition of agriculture-related service use;
  2. rezone the subject parcel from General Agriculture (A1) Zone to General Agriculture Special Regulation 9 (A1-9) Zone to permit an agriculture-related service use as an additional permitted use, and
  3. establish site-specific regulations within the A1-9 to scope the size of the proposed agriculture-related service use.

  That West Elgin Council consider the by-law to amend the Zoning By-law, as presented in the

  by-law portion of the June 22, 2023, Council Agenda.

  
  
  
  Carried

5.3

Council Comments

Council brought forth concerns regarding the use of the property in the future, indicating that the business could potentially require a warehouse with appropriate facilities, which could indicate the requirement of Commercial Zoning. Robert Brown, Planner, advised that the current use indicated by the applicant is permitted under Agricultural zoning, and if the need surpass Agricultural and reflect Commercial, a review of the zoning will be required, at that time. 

5.4

Applicants Comments

David French, BA, CPT, Storey Samways Planning Ltd. spoke on behalf of the applicant, addressing the concerns Council brought forth regarding future development of the property. Mr. French concurred with Robert Brown, Planner, that if the requirements of the business grow beyond agricultural use, the applicant will be required discuss additional planning avenues, should that happen.

5.5

Public & Agency Comments

Gary Crouse, who resides adjacent to the property proposing the zoning amendment, discussed his concerns regarding the potential for increased truck traffic. Council advised Mr. Crouse that if the applicant's business progresses into more than the indicated agricultural use, Mr. Crouse will have the opportunity to address the issue with Council. 

6.

Adoption of Minutes

• Resolution No. 2023- 152
  Moved: Councillor Tellier
  Seconded: Councillor Navackas

  That the Minutes of the Regular Council meeting on June 8, 2023 be adopted as circulated and printed.

  
  
  
  Carried

7.

Business Arising from Minutes

None

8.

Consent Agenda

• Resolution No. 2023- 153
  Moved: Councillor Navackas
  Seconded: Councillor Denning

  That the Consent Agenda for June 22, 2023 be received and filed.

  
  
  
  Carried

8.1

Monthly Staff Reports

8.2

Communications from Other Municipalities

8.2.1

Notice of Application, E 41-23 ( 22830 Kintyre Line)

8.2.2

Notice of No Appeals, E 24-23 (Part of Lot 23, Concession A ED)

8.3

Procurement Items within Budget

8.4

Other Items

8.4.1

Four Counties Health Services Foundation, Spring 2023 Newsletter

8.4.2

Monarch Butterfly Eclipse Project

8.4.3

OPP News Release, dated June 13, 2023 "Working for the Seniors"

8.4.4

Seniors Active Living Centres Program Expansion for 2023-2024

8.4.5

AMO Professional Development Line-up for Fall 2023

8.4.6

PPS Proposal - Extension of Comment Period to August 4, 2023

8.4.7

Community Schools Alliance, Call for Nominations 2023

9.

Staff Reports

9.1

Municipal Drains

9.1.1

Section 78 - Appoint Engineer - Lamont Drain

• Resolution No. 2023- 154
  Moved: Councillor Navackas
  Seconded: Councillor Denning

  That the Council of the Municipality of West Elgin hereby receives the report from Terri Towstiuc, Clerk Re: Appoint Engineer, Lamont Drain: and

  That Council hereby appoints Spriet Associates, Engineers and Architects, to prepare an Engineers report for the Lamont Drain.

  
  
  
  Carried

9.2

Operations & Community Services

9.2.1

Port Glasgow Trailer Park Site Changes

• Resolution No. 2023- 155
  Moved: Councillor Denning
  Seconded: Councillor Navackas

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

  
  
  
  Carried

9.3

Clerk's

9.3.1

Appointment of Deputy Mayor for the Remainder of the 2022-2026 Term of Council

• Resolution No. 2023- 156
  Moved: Councillor Navackas
  Seconded: Councillor Denning

  That the Council of the Municipality of West Elgin receives the report from Terri Towstiuc, Clerk re: Filling the Vacancy of the Office of Deputy Mayor; and

  That Council consider the by-law to appoint Councillor Tellier to the office of Deputy-Mayor, for the remainder of the 2022-2026 Term of Council, as presented in the by-law portion of the June 22, 2023, Council Agenda; and

  That Council direct the Clerk to provide a report to declare the seat of Councillor vacant at the next regular meeting of Council, in accordance with 262 (1) of the Municipal Act, 2001; and

  That Council direct the Clerk to provide a report detailing options to fill the vacancy of the seat of Councillor for the remainder of the 2022-2026 Term of Council.

  
  
  
  Carried

9.4

Finance/Administration

9.4.1

West Elgin Strategic Plan Survey

• Resolution No. 2023- 157
  Moved: Councillor Tellier
  Seconded: Councillor Denning

  That the Council of the Municipality of West Elgin receives the report from Magda Badura, CAO/Treasurer Re: West Elgin Strategic Plan Survey;

  And That Council hereby to provide feedback and any additional information they deem relevant for the purpose of the survey;

  And That Council approves the West Elgin Strategic Plan Survey and directs its distribution to the public.

  
  
  
  Carried

9.4.2

Humane Society Agreement Extension

• Resolution No. 2023- 158
  Moved: Councillor Denning
  Seconded: Councillor Navackas

  That the Council of the Municipality of West Elgin receives the report from Magda Badura, CAO/Treasurer Re: Humane Society agreement extension.

  That West Elgin Council provide staff with direction to enter into an eighteen (18) month agreement with The Humane Society of London and Middlesex under the key terms as outlined in the attached proposal in the amount of $10,000 per year plus applicable taxes.

  
  
  
  Carried

10.

Accounts

• Resolution No. 2023- 159
  Moved: Councillor Navackas
  Seconded: Councillor Tellier

  That the Mayor and Treasurer are hereby authorized to sign Payment Voucher #6A amounting to $195,038.78 in settlement of General, Road, Water and Arena Accounts including EFT#6764-6798 online Payments#1183-1188, and Payroll PP12.

  
  
  
  Carried

11.

Consideration of Items Requiring Discussion

11.1

Elgin International Club - Request for Letter of Support

• Resolution No. 2023- 160
  Moved: Councillor Navackas
  Seconded: Councillor Tellier

  That the Council of the Municipality of West Elgin direct staff to write a letter of support for the events as request by the Elgin International Club.

  
  
  
  Carried

11.2

Electronic Municipal Signs - Night Time Lighting

11.3

Rodney Park Committee Request for Members

11.4

Expansion of Seniors Active Living Centres Program, Call for Proposals

11.5

Municipality of Brooke-Alvinston, Expression of Interest, Four Counties Transit Services

• Resolution No. 2023- 161
  Moved: Councillor Tellier
  Seconded: Councillor Navackas

  That the Council of the Municipality of West Elgin hereby receive the letter dated June 16, 2023 from Janet Denkers, Clerk Administrator, Municipality of Brooke-Alvinston Re: Four Counties Transit Service.

  
  
  
  Carried

12.

Council Inquires/Announcements

12.1

Notice of Motion

12.1.1

Councillor Navackas - Discussion of Council Meeting Start Time

• Resolution No. 2023- 162
  Moved: Councillor Denning
  Seconded: Councillor Navackas

  That the Council of the Municipality of West Elgin hereby change the meeting start time to 4:00 pm, or at the call of the Chair.

  
  
  
  Carried

13.

By-Laws

13.1

By-law 2023-53 - ZBA D-14 9-2023

• Resolution No. 2023- 163
  Moved: Councillor Tellier
  Seconded: Councillor Navackas

  That By-law 2023-53, being a By-Law to Amend the Municipality of West Elgin Comprehensive Zoning By-Law No. 2015-36 for property located at 24424 Pioneer Line, be read a first, second, and third and final time.

  
  
  
  Carried

13.2

By-law 2023-54, Drainage Works, Calixte Drain and Primak Drains

• Resolution No. 2023- 164
  Moved: Councillor Denning
  Seconded: Councillor Tellier

  That By-law 2023-54, being a By-Law to provide for drainage works on the Calixte Drain and Primak Drains in the Municipality of West Elgin, be read a first and second time, and provisionally adopted

  
  
  
  Carried

13.3

By-law 2023-55, Drainage Works, Eastlake Drain

• Resolution No. 2023- 165
  Moved: Councillor Tellier
  Seconded: Councillor Denning

  That By-law 2023-55, being a By-Law to provide for drainage works on the Eastlake Drain in the Municipality of West Elgin, be read a first and second time, and provisionally adopted.

  
  
  
  Carried

13.4

By-law 2023-56, Drainage Works, Wright Drain

• Resolution No. 2023- 166
  Moved: Councillor Navackas
  Seconded: Councillor Tellier

  That By-law 2023-56, being a By-Law to provide for drainage works on the Wright Drain in the Municipality of West Elgin, be read a first and second time, and provisionally adopted.

  
  
  
  Carried

13.5

By-law 2023-57, Drainage Works, Stricker Drain

• Resolution No. 2023- 167
  Moved: Councillor Denning
  Seconded: Councillor Tellier

  That By-law 2023-57, being a By-Law to provide for drainage works on the Stricker Drain in the Municipality of West Elgin, be read a first and second time, and provisionally adopted.

  
  
  
  Carried

13.6

By-law 2023-58 - Agreement for Mandatory and Non-Mandatory Service, Lower Thames Valley Conservation Authority

• Resolution No. 2023- 168
  Moved: Councillor Tellier
  Seconded: Councillor Navackas

  That By-law 2023-58, being a by-law to authorize an Agreement with the Lower Thames Valley Conservation Authority, be read a first, second and third and final time.

  
  
  
  Carried

13.7

By-law 2023-59 - Collective Agreement, Canadian Union of Public employees (CUPE), Local 35.8

• Resolution No. 2023- 169
  Moved: Councillor Navackas
  Seconded: Councillor Denning

  That By-law 2023-59, being a by-law to authorize an Agreement with Canadian Union of Public employees (CUPE) Local 35.8, be read a first, second and third and final time.

  
  
  
  Carried

13.8

By-law 2023-60, Appointment of Deputy-Mayor

• Resolution No. 2023- 170
  Moved: Councillor Navackas
  Seconded: Councillor Denning

  That By-law 2023-60, being a by-law to Provide for the Appointment of a Person in the Office of the Deputy-Mayor, be read a first, second and third and final time.

  
  
  
  Carried

14.

By-law 2023-61, Confirming By-Law

• Resolution No. 2023- 171
  Moved: Councillor Tellier
  Seconded: Councillor Denning

  That By-law 2023-61, being a By-law to confirm the proceedings of the Regular Meeting of Council held on June 22, 2023, be read a first, second and third and final time. 

  
  
  
  Carried

15.

Adjournment

• Resolution No. 2023- 172
  Moved: Councillor Tellier
  Seconded: Councillor Navackas

  That the Council of the Municipality of West Elgin hereby adjourn at 11:12 a.m., to meet again at 9:30 a.m. on Thursday July 20, 2023, or at the call of the Chair. 

  
  
  
  Carried