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September 27, 2001 Special Meeting M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN SPECIAL MEETING WEST ELGIN COUNCIL CHAMBERS TH SEPTEMBER 27, 2001 MEMBERS PRESENT: Mayor Duncan McPhail, Deputy Mayor Graham Warwick Councillors: Brad Bandeen, Mike Mooser, Trudy Balint STAFF PRESENT: Joanne Groch Administrator/Treasurer Linda Cranston Clerk/Deputy-Treasurer ALSO PRESENT: Ted Halwa Planning Consultant Mayor McPhail called the meeting to order at 9:30 a.m. and welcomed everyone in attendance. The Mayor advised that the purpose of this meeting was to deal with planning issues and other matters of business. SUBJECT: PLANNING ISSUES Ted informed Council that he had been in contact with the Ministry of Municipal Affairs regarding the Feasby OPA amendment and it was expected to be passed early in November. Ted also requested some direction from Council concerning the Jim Crane Right-of-way near the landfill property. After council discussions, it was decided that the Mayor will contact Mr. Crane and request that he submit a letter of intent to proceed, to the Clerk. SUBJECT: MELODY CHURCH PROPOSAL Mr. & Mrs. Rick Gordon appeared before council to discuss their proposal to build a Church on a property located on Con. 11, Part Lot 19, to the south of West Lorne, east of Graham Road. It is currently zoned as A1-13 Special Agriculture, so they were told again, that this proposal would require an Official Plan Amendment, as well as a zoning amendment to Institutional, and also site plan approval. The applications would have to be filed before anything could be initiated. The Gordons were once again reminded that these type of applications require a circulation of all the neighbouring properties in the area, they are often quite lengthy and expensive processes to go through, with no guarantees that they will be approved in the end. If any of these applications are appealed, they would go to the OMB, which has other fees attached, in order to hold a hearing. The OMB would then make a decision on the appeal. Some other discussions took place regarding the responsibility of the property owner to provide sewage and water for the property, and if they were to build the Church to the back of the property, this would of course add extra costs to the project. Mr. Gordon was advised to perhaps get an architect’s drawing and take it around to the neighbours in the area, to give them some preliminary idea as to any opposition they may face in the future. Mr. Gordon stated that he was going to look further into the Religions Land Act and they thanked council for their input. 1 2 th Council Minutes – Sept.27, 2001 SUBJECT: PLANNING MATTERS Ted inquired with council, whether they would be interested in initiating an aerial photography of the municipality. He suggested that if it was done, the costs could perhaps be split between whoever participated. Council felt that this wouldn’t be a feasible project to initiate, however they realize the importance of these types of photographs. If the Conservation Authority were to apply for a grant to do the County, they would look at participation. SUBJECT: MDS REGULATIONS – SMALL LIVESTOCK BARNS Lorne McLeod, CBO and Brad Beharill joined the meeting for this portion of the discussions. RES. NO. 1 Moved by Warwick Seconded by Bandeen RESOLVED that Brad Beharril be recognized as a Delegation so that he may take part in the discussions on the MDS regulations. DISPOSITION: Carried Ted reviewed briefly the MDS II Regulations as they pertain to small livestock operations. Lorne explained the confusion in applying the Manure Bylaw regulations to small operations, with less than 150 animal units involved. Council agreed that the MDS II would be a fairer system to be used by the CBO to regulate intensive livestock. Ted will amend the zoning to incorporate the MDS II into the zoning bylaw. Lorne requested that council clarify whether existing building that was applying for a permit to build on an addition to the barn, is that application based on the capacity of the new addition or the total capacity that will be created. Lorne was advised that they would be required to obtain a minor variance in some cases, and council would decide, but it was generally felt that the whole capacity should be taken into account. Brad Beharril stated that he was a member of the Beef Pasture Cattle Association, and they were opposed to our municipal bylaw which states that manure must be incorporated into the ground within twenty-four hours. This poses a difficulty because solid manure just doesn’t incorporate into pasture land within that time period. Council agreed that there were some areas of concern within the bylaw, however they also made him aware of the fact that bylaws are not acted upon, unless there is a severe problem brought to council attention. The bylaws are in place to help preserve the lakefront properties and the waterways from manure infiltration. Council decided to leave the bylaw as it stands for now, and see what the Provincial Legislation suggests to be passed. It will be reviewed and the public process will be addressed at that time. Lorne questioned council on a question from a property owner, that had a barn burn down, can he re-build on the same property with a larger capacity sized barn, or will he have to do a nutrient management report. Council advised him that they should apply for a minor variance. SUBJECT: OFFICIAL PLAN UPDATE Ted updated council on the new Official Plan for the municipality and discussed briefly with council regarding agricultural related severances. He stated that people’s needs were changing and they may wish to be able to offer development, in the nature of condominiums in the future. The Official Plan should coincide with the Strategy Plan document in order to make sure everyone is headed in the same direction. Servicing is a major factor that would have to be addressed in any development proposal, however it is not as imposing a problem as it was in the past. It was proposed by the Mayor, that perhaps council would wish to arrange two-day retreat to spend some concerted time and effort into round table discussions for the purpose of the Official Plan. Council was in agreement that this was something that could be looked into further. 3 th Council Minutes – Sept.27, 2001 SUBJECT: JERRY GALBRAITH TEMPORARY USE BYLAW The Clerk and Planner are to prepare the circulation for the Galbraith Temporary Use Bylaw, with the names of the parties involved to be written into the agreement which, will be attached to the Bylaw. The Bylaw will be for a ten-year term, and the Galbraiths’ are responsible for all planning costs involved. SUBJECT: RECREATION STORAGE BUILDING Jeff Slater, Parks & Recreation Superintendent brought design proposals to council with some estimates for building a new recreation storage building. After discussions he was advised to proceed to call tenders, and council will have a better idea of the costs involved before they make their final decisions on certain design features. SUBJECT: WATERLINE SUPPLY & INSTALLATION QUOTES Lloyd Jarvis, Water Utilities Manager brought to council the following quotes for the installation and supply of waterline pipe for Pioneer Line. 1. Robinson Farm Drainage Limited: To install 10” watermain as per spec drawings - @ 9.10 /per metre To install 4” watermain as per spec drawings - @ 7.10 /per metre 2. MCD Construction (2000) Ltd.: To install 10” watermain as per spec drawings - @ 8.45 /per metre To install 4” watermain as per spec drawings - @ 7.45 /per metre RES. NO. 2 Moved by Bandeen Seconded by Balint RESOLVED that Council of the Municipality of West Elgin accept the tender quote from MCD Construction (2000) Ltd. to provide the watermain pipe installation for work on Pioneer Line at the quoted price of $8.45 /per metre, plus GST for 10” and $7.45 /per metre, plus GST for 4”. DISPOSITION: Carried SUBJECT: BY-LAW ENFORCEMENT REPORT William Douglas, By-Law Enforcement Officer reported to council on the status of the Wood property in West Lorne. He reported that they are attempting to clean the property up, and hopefully it will be within the municipal standards before long. He reported on a couple of other problem areas that he is currently working on. Council briefly reviewed the commercial parking issue with Mr. Douglas to re-affirm that only severe cases in contravention are to be acted upon. It was noted that the high school has expanded their parking lot, so the parking problem in that area shouldn’t be so hard to deal with in the future. 4 th Council Minutes – Sept.27, 2001 SUBJECT: BY-LAW NO. 2001-40 – OSTAR AGREEMENT RES. NO. 3 Moved by Warwick Seconded by Mooser RESOLVED that the mover be granted leave to introduce an Agreement By-Law, to authorize the execution of an Agreement between the Corporation of the Municipality of West Elgin and the Ministry of Agriculture, Food and Rural Affairs in the form of an Agreement, attached hereto as Schedule “A” for the purpose of an OSTAR application and that this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 4 Moved by Mooser Seconded by Warwick RESOLVED that a By-Law to authorize the execution of an Agreement between the Corporation of the Municipality of West Elgin and the Ministry of Agriculture, Food and Rural Affairs in the form of an Agreement, attached hereto as Schedule “A” for the purpose of an OSTAR application and this shall hereby be read a third time and finally passed, signed, sealed and numbered – By-Law No. 2001-40-OSTAR Agreement. DISPOSITION: Carried SUBJECT: BY-LAW NO. 2001-41 – ALDRED-PODEBRY MUNICIPAL DRAIN RES. NO. 5 Moved by Bandeen Seconded by Balint RESOLVED that the mover be granted leave to introduce a bylaw to authorize the construction of the Aldred-Podebry Municipal Drain and this shall constitute the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 6 Moved by Mooser Seconded by Warwick RESOLVED that a bylaw to provide for drainage works in the Municipality of West Elgin in the County of Elgin to be called and known as the Aldred- Podebry Municipal Drain be now read a third time and finally passed, signed, sealed and numbered – By-Law No. 2001-41 – Aldred-Podebry Municipal Drain. DISPOSITION: Carried SUBJECT: BY-LAW NO. 2001-42 – BETHEL PARK MUNICIPAL DRAIN RES. NO. 7 Moved by Warwick Seconded by Mooser RESOLVED that the mover be granted leave to introduce a bylaw to authorize the construction of the Bethel Park Municipal Drain and this shall constitute the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 8 Moved by Mooser Seconded by Warwick RESOLVED that a bylaw to provide for drainage works in the Municipality of West Elgin in the County of Elgin to be called and known as the Bethal Park Municipal Drain be now read a third time and finally passed, signed, sealed and numbered. By-Law No. 2001-42 – Bethel Park Municipal Drain. DISPOSITION: Carried 5 th Council Minutes – Sept.27, 2001 SUBJECT: BY-LAW NO. 2001-43 – FODOR MUNICIPAL DRAIN RES. NO. 9 Moved by Bandeen Seconded by Mooser RESOLVED that the mover be granted leave to introduce a bylaw to authorize the construction of the Fodor Municipal Drain and this shall constitute the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 10 Moved by Balint Seconded by Mooser RESOLVED that a bylaw to provide for drainage works in the Municipality of West Elgin in the County of Elgin to be called and known as the Fodor Municipal Drain be now read a third time and finally passed, signed, sealed and numbered – By-Law No. 2001-43 – Fodor Municipal Drain. DISPOSITION: Carried SUBJECT: BY-LAW NO. 2001-44-ROACH MUNICIPAL DRAIN RES. NO. 11Moved by Warwick Seconded by Mooser RESOLVED that the mover be granted leave to introduce a bylaw to authorize the construction of the Roach Municipal Drain and this shall constitute the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 12 Moved by Mooser Seconded by Warwick RESOLVED that a bylaw to provide for drainage works in the Municipality of West Elgin in the County of Elgin to be called and known as the Roach Municipal Drain be now read a third time and finally passed, signed, sealed and numbered – By-Law No. 2001-44- Roach Municipal Drain. DISPOSITION: Carried SUBJECT: BY-LAW NO. 2001-45-PAGE MUNICIPAL DRAIN RES. NO. 13 Moved by Bandeen Seconded by Mooser RESOLVED that the mover be granted leave to introduce a bylaw to authorize the construction of the Page Municipal Drain and this shall constitute the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 14 Moved by Mooser Seconded by Balint RESOLVED that a bylaw to provide for drainage works in the Municipality of West Elgin in the County of Elgin to be called and known as the Page Municipal Drain be now read a third time and finally passed, signed, sealed and numbered – By-Law No. 2001-45-Page Municipal Drain. DISPOSITION: Carried 6 th Council Minutes – Sept.27, 2001 SUBJECT: BY-LAW NO. 2001-46 – ACKNOWLEDGEMENT OF LEAD PAINT AGREEMENT RES. NO. 15 Moved by Warwick Seconded by Mooser RESOLVED that the mover be granted leave to introduce an Agreement By-Law to authorize the execution of an Agreement between the Corporation of the Municipality of West Elgin and the Tiny Tots Co-Op Nursery School of Aldborough Inc. for the purpose of acknowledgement of lead paint and that this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 16 Moved by Mooser Seconded by Warwick RESOLVED that a By-Law to authorize the execution of an Agreement between the Corporation of the Municipality of West Elgin and the Tiny Tots Co-Op Nursery School of Aldborough Inc. for the purpose of acknowledgement of lead paint and this shall be hereby read a third time and finally passed, signed, sealed and numbered – By-Law No. 2001-46 – Acknowledgement of Lead Paint Agreement. DISPOSITION: Carried SUBJECT: WEST LORNE FIRE DEPT . The Mayor reported that he had attended an on-site tour of the West Lorne Fire Department to review the renovations done in the downstairs of the Fire Hall. The Clerk was requested to send them a note of acknowledgement on the excellent job done. f the Ener-Connect Agreement and as a result the following resolution was passed: RES. NO. 17 Moved by Warwick Seconded by Mooser RESOLVED that the Municipality of West Elgin withdraw from the Enerconnect Limited Partnership as the West Elgin HEC has been sold to Hydro One Networks Inc. DISPOSITION: Carried SUBJECT: CORRESPONDENCE 1. Minister of Correctional Services – Safe Community Technology Exhibit on th Thursday, October 4, 2001 at the Toronto Convention Centre. Instruction: File 2. Ontario Tobacco Growers’ Marketing Board – kiln conversion. Instruction: File 3. Queen’s Park – minute of silence for fallen Fire Fighters. Instruction: File 4. Ministry of Agriculture & Food – OSTAR application. Instruction: File 5. Municipal World magazine. Instruction: Reorder for council. 7 th Council Minutes – Sept.27, 2001 6. Thank you letter from the Rodney Aldborough Fair Board. Instruction: File 7. Ener-Connect letter – The Administrator gave a brief review of the status of the Ener-Connect Agreement. West Elgin has 1/1000 of a share and as the value is negligible it was recommended to withdraw from the partnership. RES. NO. 17 Moved by Warwick Seconded by Mooser RESOLVED that the Municipality of West Elgin withdraws from the Enerconnect Limited Partnership as the West Elgin HEC has been sold to Hydro One Networks Inc. DISPOSITION: Carried RES. NO. 18 Moved by Bandeen Seconded by Balint RESOLVED that the correspondence be dealt with as per the instructions of Council as noted. DISPOSITION: Carried SUBJECT: HEALTH CENTRE FLOOR PLAN The Clerk informed Council that preliminary floor plans had been received for the new th Health Centre project. They must be final by October the 19, to present to the Ministry. SUBJECT: CRF – COMMUNITY REINVESTMENT FUND ALLOCATION RES. NO. 19 Moved by Bandeen Seconded by Balint WHEREAS the Province of Ontario is providing the Municipality of West Elgin a Community Reinvestment Fund (CRF) allocation; and WHEREAS the intended use of the CRF allocation is to mitigate increases in property taxes; and, WHEREAS the Province has requested this information by September 28, 2001; and, WHEREAS the Minister of Finance and Municipal Affairs & Housing has requested that each municipality prepare a report on the planned use of the 2001 CRF allocation; and, WHEREAS the Minister of Finance and Municipal Affairs & Housing has requested that each municipality submit an electronic copy of a forecast of the 2001 continuity of reserves and reserve fund schedule (FIR Schedule 60); and, WHEREAS the Minister of Finance and Municipal Affairs & Housing has requested that each municipality submit an electronic copy of a forecast of the Year 2001 Capital fund operation (FIR Schedule 52); and, NOW THEREFORE, LET IT BE RESOLVED : 1) THAT the Municipality of West Elgin intends to use the 2001 CRF allocation in ways described in the attached Schedule “A” and, 8 th Council Minutes – Sept.27, 2001 2) THAT the Municipality of West Elgin has complied with the Ministers’ request and has attached the electronic copy of a forecast of the 2001 continuity of reserves and reserve fund schedule (FIR Schedule 60) and year 2001 Capital fund operation (FIR Schedule 52) to this resolution as Schedules B” and “C”. 3) THAT Schedules “A”, “B” and “C” form part of the resolution of Council. DISPOSITION: Carried 9 th Council Minutes – Sept.27, 2001 10 th Council Minutes – Sept.27, 2001 11 th Council Minutes – Sept.27, 2001 SUBJECT: ADJOURNMENT RES. NO. 19 Moved by Mooser Seconded by Warwick RESOLVED that this Regular Meeting of Council shall adjourn at 3:40 p.m. th to meet again on October 11, 2001. DISPOSITION: Carried th These minutes were adopted on October 11 , 2001. ________________________ _________________________ MAYOR CLERK