SWM What's New - October 13, 2021

Posted date


For further details on items discussed, please view the agenda

ATV Use on Southwest Middlesex Roads:

  • A presentation was made by Kelsey McConnell about the use of Southwest Middlesex roads for a local ATV Club.  Council requested a report by staff addressing this request at a future meeting.

Drainage Matters:

  • Court of Revision - Switzer Drain - McLean Switzer Branch
    • One appeal was received on the drain from a landowner paying the majority of the total cost.  The drainage work requested is assessed at $81,000.00 for the drain enclosure.  The court of revision was received with no action being taken on the appeal.
  • Meeting to Consider the Engineer's Report for the Robinson Drain
    • a request for replacement on the Robinson Drain in Ward 3 was reviewed.  The engineer, Spriet Associates have proposed twinning the old tile with a new tile at an estimated cost of approximately $40,000.00.  The report was accepted by council for further processing.

Council received the following staff reports:

  • Exciting news!  Council has unanimously adopted the Asset Management Plan (100 page) developed through psd city wide.  Consultant Mai Abdou made a presentation to council explaining the purpose of the plan - we encourage you to watch this section of the meeting on YouTube to get a great understanding of the Asset Management Plan and how it affects Southwest Middlesex moving forward.  All municipalities in Ontario are required through legislation to have this document and it was noted that just having the plan available in this year, it has helped us to obtain support and funding through the Provincial and Federal governments and other funds including efficiency funding for our operations.  Moving forward the plan will be used during budget deliberation as the document lays out a road map for where we want to go.  The plan will be reviewed on an annual basis and updated every five years to keep everything current which will help with establishing that road map for council.  Staff and council were thanked for all the work that was put into creating and moving forward with this very important document.  
  • Following a moment of silence in honour of Councillor Ian Carruthers, council declared the Ward 2 councillor seat vacant effective immediately, and made the decision through a recorded vote to fill the vacancy by a call for applications from qualified electors.
  • The 2022 council meeting schedule was approved and will be added to the municipal calendar on our website in the following weeks.
  • The 2022 Municipal and School Board Election preparations are underway and the alternative voting method (internet and telephone) was chosen for the election process and the municipality will again work with Intelivote Systems Inc for eVoting services as has been done for the past two elections.
  • Additional Drainage Matters:
    • McArthur Drain - Section 78 Improvement
    • McTaggart Drain - Section 78 Improvement
  • The Water & Wastewater contract for Southwest Middlesex was approved by council to be single sourced with Ontario Clean Water Agency (OCWA) who have been looking after the SWM water and wastewater systems since amalgamation in 2001.

Notice of Motion presented by Deputy Mayor Wilkins endorsed by council:

WHEREAS in the past national railways have been partners in municipal drains under the Ontario Drainage Act and therefore financially contributed to all municipal drainage projects impacting railway-owned property;
AND WHEREAS national railways within Canada have recently taken the position that because they are federally regulated they are not subject to provincial laws, including the Drainage Act in Ontario, and therefore are no longer financially obligated to these projects, leaving municipalities with no compensation for municipal drain projects undertaken on railway owned land; 
AND WHEREAS the Act specifically states “In addition to all other sums lawfully assessed against the property of a public utility or road authority under this Act, and despite the fact that the public utility or road authority is not otherwise assessable under this Act, the public utility or road authority shall be assessed for and shall pay all the increase of cost of such drainage works caused by the existence of the works of the public utility or road authority.” (R.S.O. 1990, c. D.17, s. 26.);
AND WHEREAS “railways however operated” is defined in the Drainage Act under the definition of a “public utility”;
AND WHEREAS according to the Drainage Superintendents of Ontario, there is currently 55 outstanding projects that have been invoiced to railway companies (collectively) totaling $850,000 in which Ontario Municipalities have not been compensated for;
AND WHEREAS; the above total does not reflect any current or potential projects underway that impact railway owned lands;
THEREFORE BE IT RESOLVED THAT the Municipality of Southwest Middlesex direct the CAO, Mayor, and Deputy Mayor to draft a letter requesting the assistance of the Rural Ontario Municipal Association for advocacy on this topic;
AND THAT a copy of this motion be sent to:
• Graydon Smith, President, Association of Municipalities of Ontario
• Robyn Jones, Chair, Rural Ontario Municipal Association Joanne Vanderheyden, President, Federation of Canadian Municipalities
• Dave Burton, President, Ontario Good Roads Robin Kurpjuweit, Rural Caucus Chair Federation of Canadian Municipalities
• Honourable Lisa Thompson, Minister of Agriculture and Rural Affairs
• Honourable Omar Alghabra, Minister of Transport Canada
. Honourable Monte McNaughton, Minister of Labour, Training and Skills Development, MPP for Lambton-Kent-Middlesex
• Lianne Rood, MP for Lambton-Kent-Middlesex
• Cathy Burghardt-Jesson, Warden, Middlesex County

In Brief

General Business of Council:

  • September 29, 2021 council meeting minutes
  • Vouchers
  • SWM September 21 building report
  • SWM COVID-19 Vaccination policy

Support Resolutions of:

  • Kingsville letter to Premier concerning eye care in Ontario
  • Township of Scugog regarding Structure Inventory and Inspections

Adopted By-laws to:

  • Adopt the Frederick Marsh Drain Report
  • Adopt the McFarlane Drain - Zwambag Culvert report
  • Zone Amendment for 4986 Hyndman Drive
  • Establish a Speed Reduction By-law for Middlemiss Avenue and the most easterly portion of Riverside Drive
  • Adopt Alternative Voting Methods
  • Execute an Agreement with Intellivote
  • Authorize the CIP funding agreement with the owner of 247 Main Street, Glencoe
  • Confirming By-law for the October 13th meeting