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October 05, 2000 Special Meeting M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS OCTOBER 5TH, 2000 MEMBERS PRESENT: Mayor Duncan McPhail, Deputy Mayor Graham Warwick Councillors: Trudy Balint, Brad Bandeen, Robert Coles, Mike Mooser STAFF PRESENT: Joanne Groch Administrator/Treasurer Rita DeWild Clerk ALSO IN ATTENDANCE: Ted Halwa Planning Consultant Mayor McPhail opened this Special Session of Council at 9:30 a.m. and explained the purpose of the meeting was to deal with matters of business arising since the last meeting. SUBJECT: MANURE STORAGE BY-LAW, MINIMUM DISTANCE SEPARATION (MDS 1 & MDS 11) Ted Halwa, Planning Consultant reported that the final draft of the Manure Storage By-law is ready for presentation to the public. Ted reported that he does have some concerns with Section 9 regarding the provisions for manure spreading. Ted advised that there is provincial legislation pending which will cover the spreading of manure as well. Ted reported that he still has a few concerns regarding the draft Minimum Distance Separation Bylaw that needs further investigation. A public meeting is scheduled for later this month with copies of both bylaws to be available. A discussion followed regarding waiting for provincial legislation or proceeding with the preparation of these bylaws. Mayor th McPhail reported that the Interim Control By-law is in effect until January 13, 2001. SUBJECT: – MEZENBERG OFFICIAL PLAN AND ZONING AMENDMENT Also in attendance: Joe Mezenberg Rita DeWild, Clerk reported that the owner of 211 and 213 Furnival Road, Rodney has two separate businesses on the lower floor of his building. One business area is occupied and the other is vacant. The upstairs portion of the building is used for residential purposes. The owner would like to have the lower floor rezoned for residential purposes as well as he cannot keep commercial tenants in his building. Rita reported that the property is in the Central Business District in the Official Plan for the former Village of Rodney and the zoning is commercial. Ted reported that there is a high vacancy rate in commercial buildings and there are some concerns, which would need to be addressed. These include parking for residential purposes and also building code compliance issues. Joe explained that commercial tenants cannot stay in business and he cannot afford the building, as the commercial tax rate is much higher than the residential rate. Council authorized Ted to investigate other commercial areas and what should be considered for the future development of this area. October 5, 2000…Page 2 of 4 SUBJECT: WOLF/COZZOLINO SEVERANCE Rita DeWild, Clerk reported that Elizabeth Wolf, the owner of Lot 80 – Registered Plan 199 and Robert and Joy Cozzolino the owner of Lot 81, Registered Plan 199 in the former Village of West Lorne have submitted severance proposals. The combined proposals will create an entrance to a lot west or behind these parcels, which is owned by Elizabeth Wolf. This lot has no frontage on a public road. Elizabeth Wolf also owns an additional lot to the south which also has no access and both lots are in a Future Residential zoning designation. Ted reported there are no compliance issues with Lot 80 and 81 regarding building locates. Council were in agreement with the severance proposal subject to being merged with the two rear parcels owned by Elizabeth Wolf (Roll Numbers 001- 022 and 001-02201), as it will give access to a public road to the two rear lots. SUBJECT: GENERAL AMENDMENT – ZONING BY-LAWS Ted Halwa, Planning Consultant submitted a report regarding the parking of commercial motor vehicles and the approaches used in surrounding municipalities. Ted advised that restrictions would not be required in zones Special Agriculture (A2) or Rural Residential Three (RR3) as they are characterized by more isolated locations. Parking restrictions and enforcement issues in West Lorne and Rodney were discussed. Council authorized Ted to contact the municipal lawyer, as a legal opinion is required. SUBJECT: MUNICIPALITY OF DUTTON/DUNWICH – DRAFT OFFICIAL PLAN Ted Halwa advised that the Municipality of Dutton/Dunwich has prepared a draft Official Plan, which in due course will be the first, approved official plan resulting from the recent amalgamations of lower tier municipalities in the County of Elgin. Ted advised that the creation of residential lots is restricted primarily to instances where a dwelling is declared surplus to a farm. The creation of lots for retiring farmers, farm family members, or for infilling is not permitted. Ted reported that they have proposed a policy, which would permit the splitting of existing, oversized residential lots for the purpose of creating a new building lot where the existing dwelling is a minimum of eight years old. Council had no concerns with the draft Official Plan. SUBJECT: WEST LORNE – OFFICIAL PLAN DEFERRALS NO. 2 & 3 – APPROVED Ted Halwa, Planning Consultant advised that Sections 2.10.3 and Section 5.2.2 of the West Lorne Official Plan dealing with buffers in close proximity to railways and proposed development within 300 metres of a railway right-of-way have now received final approval. SUBJECT: ALDBOROUGH – OFFICIAL PLAN AMENDMENT #5 Ted Halwa reported that the Ministry of Municipal Affairs had requested an engineering report including a review of the water service capacity and allocation available to service the industrial needs of the site at Lot 8 Concession 6. Todgham & Case Associates had been requested to prepare a letter/report on the availability of water to this location. Council reviewed the report and asked that it be forwarded to Mr. William Pol, Municipal Planning Advisor at MMAH. SUBJECT: A. CARANCI – JANE STREET DEVELOPMENT Ted Halwa advised that Mr. Aldo Caranci had contacted him and was unhappy with the deposit requested by the Municipality for his proposed development in Rodney. 2 October 5, 2000…Page 3 of 4 BY-LAW 2000-48 – TO AMEND BY-LAW 96-51, BY-LAW 94-29 AND BY-LAW 94-19 RES. NO. 1 Moved by Balint Seconded by Mooser RESOLVED that the mover be granted leave to introduce a by-law to amend By-law 96-51, By-law 94-29 and By-law 94-19 to authorize the extension of water works and authorize borrowing and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 2 Moved by Coles Seconded by Bandeen RESOLVED that a by-law to amend By-law 96-51, By-law 94-29 and By-law 94-19 be now read a third time and finally passed, sealed and numbered. Number 2000-48 – Amend By-law 96-51, Amend By-law 94-29 and By-law 94-19. DISPOSITION: Carried SUBJECT: SANDER/SALTER UNIT Joanne Groch, Administrator/Treasurer reported that the quote of 552976 Ontario Ltd. had previously been accepted for the sander/salter unit but he does not want the unit without the tandem truck. Kim Fysh who was awarded the quote for the tandem truck would like the sander/salter unit. RES. NO. 3 Moved by Balint Seconded by Warwick RESOLVED that a resolution #2 passed by the Council of the Municipality of West Elgin on September 28, 2000 be amended to read that the quote of Kim Fysh be accepted for the sander/salter unit in the amount of $963.00 including GST. DISPOSITION: Carried SUBJECT: LIVESTOCK EVALUATION – B. WRIGHT Joanne Groch, Administrator/Treasurer reported that James Payne had been asked to do a livestock evaluation for Blair Wright at Lot 1 Concession 3. Mr. Payne examined the lamb but was unable to determine the cause of death, as the animal was fully decomposed. The claim for compensation for the lamb has been submitted to the Council of the Municipality of West Elgin. RES. NO. 4 Moved by Bandeen Seconded by Coles RESOLVED that the Council of the Municipality of West Elgin deny the claim of Blair Wright for compensation of a livestock claim, as there was insufficient evidence to make a finding due to deterioration and lack of carcuss remains. DISPOSITION: Carried SUBJECT: DRAINAGE TRUCK Joanne Groch, Administrator/Treasurer reported that the drainage truck is available and the roads department is currently in need of an extra vehicle. Council were in agreement with the drainage truck being used by the roads department on an interim basis. 3 October 5, 2000…Page 4 of 4 SUBJECT: REMUNERATION FOR ELECTION OFFICIALS Rita DeWild, Clerk presented a summary of actual rates paid to election officials for the 1997 elections and proposed rates for the 2000 elections. Poll Clerks and Deputy Returning Officers would receive an increase of $25.00 and attendance at the mandatory training session would be paid at the rate of $25.00. As the Beattie Haven poll is open from 10:00 a.m. to 2:00 p.m. and the officials would receive $75.00 for the Deputy Returning Officer and $50.00 for the Poll Clerk plus a $5.00 meal allowance. Rita explained rates are comparable with the Municipality of Dutton/Dunwich. Council were in agreement with the proposed rates for this year’s election. SUBJECT: MISCELLANEOUS ITEM Deputy Mayor Graham Warwick reported that the service groups in West Lorne are happy with the off white paint to be applied in the meeting room at the West Lorne Community Complex. Discussions included lettering for the building facing Main Street to the right of the existing lettering, the rug in the meeting room, which needs repair or replacement, and the placement of the bronze war memorial plaques. Councillor Balint left the meeting at this time. DELEGATION: HARLEY UNDERHILL – COUNTY OF ELGIN SUBJECT: CLOSED SESSION RES. NO. 5 Moved by Mooser Seconded by Warwick RESOLVED that the Council of the Municipality of West Elgin adjourn to a closed session for discussion of a personal matter about an identifiable individual including municipal or local board employees. DISPOSITION: Carried. Councillor Balint returned to the meeting at 1:35 p.m. RES. NO. 6 Moved by Bandeen Seconded by Coles RESOLVED that the Council of the Municipality of West Elgin do now rise. DISPOSITION: Carried. SUBJECT: ADJOURNMENT RES. NO. 7 Moved by Warwick Seconded by Mooser RESOLVED that this Special Session of Council adjourn at 2:45 p.m. to meet again on October 12th, 2000. DISPOSITION: Carried th These minutes were adopted on the 9 day of November 2000. _____________________________ ____________________________ MAYOR CLERK 4