May 24, 2001 Special Meeting
2001
M I N U T E S
OF THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGIN
SPECIAL MEETING
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MAY 24, 2001
MEMBERS PRESENT:
Mayor Duncan McPhail, Deputy Mayor Graham Warwick
Councillors: Trudy Balint, Brad Bandeen, Mike Mooser
STAFF PRESENT:
Joanne Groch Administrator/Treasurer
Linda Cranston Clerk/Deputy-Treasurer
ALSO IN ATTENDANCE:
Dan Smith Planning Consultant
Mayor McPhail opened this Special Session of Council at 9:30 a.m. and explained the
purpose of the meeting was to hold two public meetings under the Planning Act and to
deal with other matters of business arising since the last meeting.
SUBJECT: PUBLIC MEETING
Council adjourned to a public meeting for the zone amendment application for the
Goligher property and resumed their Special Meeting thereafter.
SUBJECT: PLANNING MATTERS
1. Dan Smith spoke with council concerning the many changes that had to be made
to the Official Plan and the number of amendments that had to be included in the Zoning
By-law Consolidation. He also spoke briefly to the subject of severances along the Lake
Erie shoreline. They are currently working on the mapping changes to be included with
the new Official Plan and Zone Consolidation and they hope to have an amendment
prepared for the next meeting regarding retirement severances and surplus farm
properties.
2. Dan discussed the Jean Feasby OPA application, and process.The Conservation
Authority has responded to the Ministry of Municipal Affairs request for further
information, by providing a letter addressing those issues. The Planners would like to
insert this information into the application, before sending it to the Ministry for approval.
Council directed them to prepare the report for the next meeting. The Clerk was asked
to contact the Lower Thames Conservation Authority and request a letter outlining the
plans for preventing trespassers on ATV vehicles from damaging the property.
SUBJECT: PUBLIC MEETING
Council adjourned to a public meeting at 10:00 a.m. for the Official Plan and Zone
Amendment application for the Kovacs property and resumed their Special Meeting
thereafter.
May 24, 2001…Page 2 of 6
SUBJECT: SITE PLAN AGREEMENT – MICROCELL(#2)/NOGA
Mr. and Mrs. Henry Noga joined the meeting at this time. Council was presented with a
draft site plan agreement for review. Dan Smith, Planner explained to council that this
agreement was quite similar to the first site plan application for a similar proposed
tower, done by Microcell recently. Council looked at the location, being part of Lot 19,
Concession VII, and discussed the terms of the agreement which deals mainly with the
access road and the drainage aspects of the construction. This type of application does
not restrict further development on the property, however the Planner noted that Council
is wise to be cautious, regarding any future applications that are in close proximity to the
401 or any interchange area. Council was in agreement to allow the application to
proceed, and the Clerk was instructed to prepare a by-law for the next meeting.
SUBJECT: L & G BEGIN PROPERTY - ENCROACHMENT
Louise and Gaston Begin have applied for a deck building permit to be attached to the
south west portion of their new home, which is currently in construction at the end of
Third Street in Rodney. The new deck would encroach onto the next lot, which they also
own. However, it has a separate roll number, which encompasses several lots merged
into one number.
They have applied to Council to have the “H” designated “holding” symbol removed from
the zoning. The Planner explained to council that it would also require a Deeming By-
law to be passed, to allow the property roll number to be rolled into one. Ministry
approval is required before the deeming bylaw can be approved by council, and there is
an appeal period for this type of application. A certified copy of the bylaw must be sent
to the land registry office for registration, when it is final. Dan explained that there are
many compliance issues that have to be met, and also there should be a cost recovery
method in place. It was suggested that the owners be requested to pay the normal
application fee for the removal of the H designation, ($300.00) as well as provide the
amount of $1000.00, to be held in trust by the municipality and used for payment of the
planning services required for this application. After everything is complete, any
remaining amount from that sum, will be rebated back to the property owners. Dan will
draft up an agreement to this effect. It was also noted that there has been damage done
to the end of the roadway and possibly the sewer connections, due to the heavy truck
movement in the construction site area. The Road Superintendent was instructed to
contact them about compensation for repair costs.
The Mayor left the meeting at 11:00 a.m. to attend a County function.
SUBJECT: APPOINT CHAIR
Administrator Groch introduced the following resolution.
RES. NO. 1 Moved by Bandeen
Seconded by Balint
RESOLVED that Deputy-Mayor Warwick be appoint to the Chair in the
absence of the Mayor.
DISPOSITION: Carried
SUBJECT: ROGERS WIRELESS SITE PLAN
This application is very similar to the Microcell applications done recently in the
municipality. The owners of the property are Kalita Farms Inc. and the location is part of
Lot 19, Concession XIII, Eastern Division. Council did not have any objections to this
application , however they had some concerns in general regarding future applications
of this nature, due to the expense of removal of this tower, if a company goes bankrupt
in the future. The Planner will review the matter of a security deposit and report back to
council with a possible draft clause to be inserted into any future site plan agreements.
Council directed the Clerk to prepare a by-law for the next meeting.
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May 24, 2001…Page 3 of 6
SUBJECT: GARDEN SUITE
An application for an addition to the residence of Ruth Newman, Pioneer Line has
resulted in the building inspector, requesting that the applicant obtain council approval
on the matter. The addition to the residence, is to allow live-in help to reside in a “trailer”
type of residence to be in close proximity to the residence owned by the handicapped
occupant. This type of application will be approved as a Garden Suite, which is allowed
by the Ministry of Municipal Affairs, for certain circumstances of this nature, which is
strictly for a temporary time period.
Dan explained to council that if the property is attached directly to the house, the
agreement could only be for a three-year term, however if there is a distinct separation
between the two buildings, then a ten-year term could be drawn up. The addition must
be of a temporary nature, and the agreement would discontinue, if the property is
transferred to a new ownership. The Clerk will correspond with the applicant and
request some additional information as well as a security cheque in the amount of
$500.00 to be held in trust, and used for the planning and administration costs involved.
Any amount remaining after completion, will be reimbursed to the applicant. Dan will
prepare an agreement document, including cost recovery for the Clerk to have signed
and witnessed, before the permit is issued. The applicant should also provide a sketch
of the proposed addition including the distances from the side yards of the property. An
agreement by-law will be brought forward at the next meeting of council.
BY-LAW NO. 2001-21 – OPTIMIST SKATEBOARD PARK AGREEMENT
RES. NO. 2 Moved by Bandeen
Seconded by Mooser
RESOLVED that the mover be granted leave to introduce a by-law to
authorize the execution of an agreement between the Corporation of West
Elgin and the Optimist Club of West Lorne Inc. 45-257 for the lease of
property for the development of two skateboard parks and this shall be the
first and second reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 3 Moved by Balint
Seconded by Mooser
RESOLVED that the mover be granted leave to authorize the execution of
an agreement between the Corporation of West Elgin and the Optimist
Club of West Lorne Inc. 45-257 for the lease of property for the
development of two skateboard parks and that this agreement will be
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retroactive to May 16, 2001 and shall now be read a third time and finally
passed, signed, sealed and numbered – By-Law Number 2001-21 –
Optimists Skateboard Park Agreement.
DISPOSITION: Carried
BY-LAW NO. 2001-22 – REMUNERATION FOR MUNICIPAL OFFICIALS
RES. NO. 4 Moved by Mooser
Seconded by Balint
RESOLVED that the mover be granted leave to introduce a by-law to set
the rates of remuneration for Municipal Officials and employees for the
calendar year 2001, and this shall be the first and second reading and
provisional adoption thereof.
DISPOSITION: Carried
RES.NO. 5 Moved by Balint
Seconded by Bandeen
RESOLVED that the mover be granted leave to introduce a by-law to set
the rates of remuneration for Municipal Officials and employees for the
calendar year 2001, and this shall be now read a third time and finally
passed, signed, sealed and numbered By-Law No. 2001-22-Remuneration
By-Law.
DISPOSITION: Carried
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May 24, 2001…Page 4 of 6
SUBJECT: CLOSED SESSION
RES. NO.6 Moved by Balint
Seconded by Mooser
RESOLVED that the Council of the Municipality of West Elgin adjourn to a
closed session to discuss a matter in respect of personal matters about an
identifiable individual.
DISPOSITION: Carried
RES. NO.7 Moved by Bandeen
Seconded by Balint
RESOLVED that the Council of the Municipality of West Elgin do now rise
and report that discussion took place regarding a by-law enforcement
officer and the Administrator is the contact the successful applicant for
possible hire.
DISPOSITION: Carried
SUBJECT: SPRING CLEAN-UP IN WEST LORNE
The Clerk was directed to organize and advertise for a large item spring clean-up to be
arranged for West Lorne.
SUBJECT: DRAFT PARKING BY-LAW
The draft parking by-law, sent from the County was reviewed by Council. The Clerk is to
advise the County that Council has addressed the by-law and is in favour of it
proceeding.
SUBJECT: PARKING ISSUES
Discussion concerning truck parking took place. Complaints are still being received
about trucks being parked in residential subdivisions. The Administrator will contact the
Road Superintendent to have him deal with the truckers, before the roads are badly
damaged from the heavy trucks.
Discussions also took place regarding the Truck parking in Rodney. It was noted by
council that “B” gravel was being applied to a parking area provided at the property of
Tim Blaine, Queen’s Line, on the west outskirts of town. At very little cost to the
municipality, this will provide a parking area for large trucks, similar to the area provided
in West Lorne.
SUBJECT: NOISE BY-LAW
An inquiry regarding the noise by-law was received by the Principle of the West Lorne
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high school, with regard to their plans to hold an outdoor Prom Dance on June 2, on
the school property. Apparently there was a noise by-law passed by the Village of West
Lorne in 1984, however administration has been unable to find a copy of the by-law. It
has been suggested to the high school that they contact the OPP to notify them of their
plans, and also as a courtesy, they could hand deliver a flyer to the residents in close
proximity of the school to make them aware of their plans for the outdoor dance.
SUBJECT: UNION GAS – EMPLOYEE IDENTIFICATION
The Clerk advised council that union Gas has provided their maintenance workers with
magnetic identification signs for their vehicles, which are to be used when carrying out
work for the company. The workers should also have wallet I.D. with them at all times,
when on duty. If a vehicle is not properly identified on private property, then the owner is
advised to call the OPP and report the incident immediately.
Mayor McPhail joined the meeting again at 1:30 p.m.
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May 24, 2001…Page 5 of 6
SUBJECT: BETHAL PARK MUNICIPAL DRAIN
In attendance for this portion of the meeting were: Dennis McCready, Todgham & Case
Assoc., engineer for the project, as well as property owners Brian Buchan, John Miller
and Mr. Deerhart, representing Bethal Park Trailer Camp.
Mayor McPhail welcomed everyone to the meeting and explained that this meeting was
to consider a preliminary report on the Bethal Park Municipal Drain. The Clerk informed
those in attendance that the proper notifications had been circulated, according to the
regulations of the Drainage Act. Correspondence was received from the Conservation
Authority.
The engineer presented the preliminary report for consideration, and explained the two
options available to the property owners. Discussions took place. It was noted that there
was very little difference in the costing of the two alternate methods of dealing with the
drainage problems. One alternative required more ongoing maintenance and the other
didn’t. Mr. Buchan expressed a desire to close in an additional portion of the ditch,
mostly on his property, to avoid the loss of the use of the farmland. Dennis answered
questions regarding the project design.
The petitioners were given the opportunity to have their names removed from the
petition or for any property owners affected to add their names. No changes were
forthcoming. A general consensus was arrived at for the alternative #1 design.
RES. NO. 8 Moved by Bandeen
Seconded by Warwick
RESOLVED that the Engineer be given approval to prepare a final report
on the Bethal Park Municipal Drain, using Alternative #1.
DISPOSITION: Carried
SUBJECT: FIRE BUDGETS
Alan Beer, Fire Chief for West Lorne and Andy Kieraszewicz, Fire Chief for Rodney
were in attendance at council to review and participate in the draft budget preparation.
It was recommended to Council that Municipal employees who are firemen, should be
paid for the first hour of a fire call, and the reasoning for this was explained. Council was
in agreement with this suggestion, and it is hoped that other employers will follow suit.
After review of the draft budgets, some changes were brought forward. The Training
Officers have great deal of responsibility, so they will now receive $1,000.00 each, the
training sessions will change from $25.00 to $50.00 each time. Alarms are still at $25.00
per call. Any meetings outside the general area will be at $100.00 each plus mileage.
West Lorne Department requested that council consider putting aside a reserve amount
for the future purchase of a new rescue emergency truck. After consideration, council
agreed that the amount of $35,000.00 would be put aside for this purpose, if there are
surplus funds of this nature available for reserves when the final budget is drafted.
The Rodney Fire Chief thanked council for the old water truck given to the department.
They are planning to purchase a cube van in the near future, to be used as a rescue
command post. With this in mind, they requested that the Municipality extend them a
$10,000.00 line of “credit” to be repaid by their department before year-end. Council
agreed that this could be arranged.
Tanker capabilities were discussed, and it was the suggestion of council that both fire
departments should have a similar reporting and accounting mechanism. Both Chief’s
will look at available computer software packages and try to agree on the best choice.
Both gentlemen left the meeting at 4:00 p.m.
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May 24, 2001…Page 6 of 6
SUBJECT: UNION GAS – EMPLOYEE IDENTIFICATION
The Clerk advised council that Union Gas has provided their maintenance workers with
magnetic identification signs for their vehicles, which are to be used when carrying out
work for the company. The workers should also have wallet I.D. with them at all times. If
a vehicle is not properly identified on private property, then the owner is advised to call
the OPP and report the incident immediately.
BY-LAW NO. 2001-27 – APPOINT BY-LAW ENFORCEMENT OFFICER
RES. NO. 11 Moved by Mooser
Seconded by Warwick
RESOLVED that the mover be granted leave to introduce a by-law to
appoint William Douglas as By-Law Enforcement Officer for the
Municipality of West Elgin and this shall be the first and second reading
and provisional adoption thereof.
DISPOSITON: Carried
RES. NO. 12 Moved by Bandeen
Seconded by Mooser
RESOLVED that a By-Law to appoint William Douglas as the By-Law
Enforcement Officer for the Municipality of West Elgin be now read a third
time and finally passed, signed, sealed and numbered – By-Law No. 2001-
27 – Appoint a By-Law Enforcement Officer.
DISPOSITION: Carried
SUBJECT: TRACTOR RENTAL QUOTES
The Mayor presented quotes that the road superintendent had received for the cost of a
tractor rental to use with our mower based on a three month period, from June to end of
August. The price is based on a minimum of 100 hours per month. Any additional hours
per month would be at a cost of $17.00 per hour extra.
The quotes were from dealers that have tractors available for rental:
JD Fulline, Glencoe - $6,000.00 + taxes (80 hp.)
JD Fulline, Glencoe - $7125.00 + taxes (95 hp.)
Can Am, Chatham - $5184.00 + taxes (72 hp.)
Council instructed Rick to sign a rental agreement with Can Am, Chatham for the 72 hp.
tractor to be used over a three month period in the amount of $5184.00 plus tax at the
set rate of hours stated, with any additional hours at $17.00 per hour.
SUBJECT: HYDRO-ONE PLAQUE
Administrator Groch presented a plaque to council, received in thanks from Hydro-One.
SUBJECT: ADJOURNMENT
RES. NO. 13 Moved by Bandeen
Seconded by Mooser
RESOLVED that this Special Session of Council adjourn at 4:10 pm to
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meet again on June 14, 2001.
DISPOSITION: Carried
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These minutes were adopted on June 14, 2001.
__________________________________ _______________________________
MAYOR CLERK
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