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February 28, 2002 Special Meeting M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN SPECIAL MEETING TH FEBRUARY 28, 2002 MEMBERS PRESENT: Mayor Duncan McPhail, Deputy Mayor Graham Warwick Councillors: Trudy Balint, Mike Mooser STAFF PRESENT: Linda Cranston Clerk/Deputy-Treasurer Joanne Groch Administrator/Treasurer ALSO IN ATTENDANCE: Ted Halwa, Planning Consultant Mayor McPhail welcomed everyone to the meeting. SUBJECT: PLANNING MATTERS Ted had some informal discussions on the topic of gravel pit zoning. It appears that the zoning does not effect the assessment of the active gravel pits and therefore even if we changed the zoning it would not have any effect on the assessment. Any reductions must come from the assessment office changes. Ted noted that it is a requirement of the Aggregate Resources Act. that an area to be licensed for aggregate extraction, must be zoned for that purpose. The OMB Hearing for the Thompson severance and rezoning, is scheduled for mid March, however the Administrator and the Clerk are unavailable to be in attendance at that time. Ted was requested to have someone from his office attend that hearing on behalf of the Municipality. Ted then went on to give a brief over view of the results of the last Planning Session for the new Official Plan. It was decided that the next Planning th Session would be held on March 27, 2002 at 9:30 a.m. in West Lorne. SUBJECT: CORRESPONDENCE 1. Land Division was requesting clarification on the Dennis Bruner severance application. They were wondering if council was placing a restriction on the future development of the retained parcel as well as the severed parcel. Instruction: It was decided that there would be no development on either parcels. th 2. Tobacco Board Meeting will be held on Monday, March 4, at 7:00 p.m. in Tillsonburg. Instruction: File 3. Invitation to attend the consultation meeting with the Elgin OPP to help identify issues and solutions to better meet the local needs of the area, will be held on th March 20, 2002 from 10:30 a.m. to 2:30 p.m. at the Ingersoll Golf and Country Club. Instruction: Mayor will attend 4. One day information session on the “Wake of Walkerton” will be held in London th on April 8, from 8:45 a.m. to 4:30 p.m. at the Lamplighter Inn. Instruction: File 2 Special Council Minutes –February 28, 2002 5. Rodney Horticultural Society Donation Request. RES. NO. 1 Moved by Mooser Seconded by Warwick RESOLVED that the Municipality of West Elgin agrees to give a donation to the Rodney Horticultural Society in the amount of $1000.00. DISPOSITION: Carried 6. Bill 90, Waste Diversion Act 2001 – CSR are requesting that council consider supporting it. RES. NO. 2 Moved by Balint Seconded by Warwick RESOLVED that Council of the Municipality of West Elgin is in support of the resolution put forth by the Municipality Waste Integration Network to support Bill 90. Waste Diversion, 2001 and, that the Provincial Government proceed to enact Bill 90 when the Legislature re-convenes. DISPOSITION: Carried 7. County of Elgin requesting support of a resolution regarding the possible purchase of the CNR Railway. Instruction: Clerk to write a letter that we would not support this. 8. LTVCA – stream assessment map for council review. Tree planting schedule. Instruction: Clerk to refer this matter to Mr. Paul Currie for an appropriate response to this map and letter. 9. OMB –Notice of hearing – Thompson/Arvai Instruction: Refer to Ted Halwa 10. Hydro One – Agreement to sell the streetlights which we currently rent from hydro. Instruction: Clerk to request information on the numbers and location. 11. Letter of apology from Eric McGill. Instruction: File 12. Kettle Creek Conservation Authority will be holding their General Annual Meeting th on March 6, 2002 at 5:00 p.m. in St. Thomas. Instruction: File 13. Elgin Community Care Access Centre – new director will be announced soon and further information will be forthcoming on the impacts of Bill 130. Instruction: File 14. MMAH will be hosting a two day session on Affordable Housing in the Community thth on April 6 & 7 in Ottawa. Instruction: File 15. Ontario Residential Care Association – brochures with a toll free number for Seniors and their families for resolving problems within retirement homes. Instruction: File 16. Ministry of Transportation have allocated a grant for Transit in the amount of $6600.00 for 2002. Instruction: File for budget purposes. 17. Workshop information on Rural Tourism and event planning. Instruction: File 3 Special Council Minutes –February 28, 2002 18. Copy of the Elgin Group Police Services Board Report for January 2002. Instruction: File 19. Municipality of Dutton/Dunwich notice that they have passed a zone amendment to change the minimum lot area size. Instruction: File RES. NO. 3 Moved by Balint Seconded by Warwick RESOLVED that the correspondence be dealt with as per the instructions of council. DISPOSITION: Carried SUBJECT: CONSIDERATION MEETING – CAHILL DRAIN Also in attendance: Paul Elston – Engineer from Burnside & Associates Wray Ramsay, Drainage Superintendent Mr. Ed Kalita, property owner Mr. Rick Van Vugt, property owner Rick Jackson, Road Superintendent Mayor McPhail called the meeting to order at 11:00 a.m. He explained that this meeting was to deal with the construction design of the drain, and assessment questions will be dealt with at a future Court of Revision meeting. RES. NO. 4 Moved by Balint Seconded by Mooser RESOLVED that Council will consider the Engineer’s Report on the Cahill Municipal Drain. DISPOSITION: Carried The Drainage Engineer gave a brief presentation of his report, and the floor was opened for questions or comments. Mr. Van Vugt asked questions regarding the necessity of sediment traps, the reasoning for the position of the access point on the east side. He also had questions relating to the Ainslie Drain and the Page Drain which is going to construction this spring. The Cahill Drain will provide an outlet for the Page Drain. It was noted that the Bale Drain is now the only portion of the drain that has not been looked at. He asked questions on the on going maintenance of the drain. He also asked why an alternate enclosed tile costing hadn’t been done. They were informed that it would have been much more expensive to do it that way, so it was not requested by council. Other questions asked were life expectancy of the open drain, and the answer was that typically an open drain last approximately ten years before it requires work on it, and a closed drain normally would last approximately fifty years. Council was asked if they would consider an evening meeting in March or April to hold the Court of Revision. Council agreed that this could be arranged. RES. NO. 5 Moved by Warwick Seconded by Mooser RESOLVED that the Engineer’s report for the Cahill Municipal Drain is accepted and the Clerk be instructed to prepare the necessary by-laws. DISPOSITION: Carried Council moved back into the regular meeting of council. 4 Special Council Minutes –February 28, 2002 SUBJECT: DELEGATION – ED KALITA RES. NO. 6 Moved by Balint Seconded by Warwick RESOLVED that Council will accept Ed Kalita as a delegation. DISPOSITION: Carrried Mr. Kalita came before council to request some answers concerning the status of the Lindenman Drain. The work done on it last year, has some problems that must be fixed as soon as possible. He stated that erosion after such a short time frame, shows very poor workmanship on the part of the contractor. Council requested a response from the Drainage Superintendent. Wray explained that it had been brought to his attention and remedial steps to correct the problem will be completed at no cost to the ratepayers. The Drainage Superintendent also claimed that four wheelers were causing a lot of the erosion problems as well. SUBJECT: RIPLEY DRAIN Wray also made some comments for council benefit regarding the Ripley Drain deficiencies that were still to be addressed. SUBJECT: FREEMAN DRAIN EXTENSION RES. NO. 7 Moved by Mooser Seconded by Warwick RESOLVED that the Municipality of West Elgin agrees to request that Burnside & Associates amend their report for the Freeman Drain to extend it south as far as Hoskins Line. DISPOSITION: Carried SUBJECT: DRAINAGE APPORTIONMENT – R. WOOD SEVERANCE RES. NO. 8 Moved by Balint Seconded by Warwick RESOLVED that Council approves the agreement on share of drainage apportionment on the DeWitt Municipal Drain under Section 65(1) of the Drainage Act, for the Ron & Linda Wood Severance. The new owner on the severed portion will have an outlet assessment of $175.00. DISPOSITION: Carried SUBJECT: BY-LAW NO. 2002-5 – OSTAR AMENDMENT RES. NO. 9 Moved by Balint Seconded by Warwick 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 Her Majesty the Queen in Right of Ontario as represented by the Minister of Agriculture, Food and Rural Affairs – Ontario Small Town and Rural Development (OSTAR) Infrastructure Initiative, and this bylaw shall hereby be given the first and second reading and this shall be the provisional adoption thereof. DISPOSITION: Carried 5 Special Council Minutes –February 28, 2002 RES. NO. 10 Moved by Warwick Seconded by Balint RESOLVED that a Bylaw to authorize the execution of an agreement between the Corporation of the Municipality of West Elgin and Her Majesty, the Queen in Right of Ontario, as represented by the Minister of Agriculture, Food and Rural Affairs – Ontario Small Town and Rural Development (OSTAR) Infrastructure Initiative, shall hereby be read a third time and finally passed, signed, sealed and numbered – By-Law Number 2002-05 – Agreement for OSTAR DISPOSITION: Carried SUBJECT: LLOYD JARVIS – WATERLINES Lloyd Jarvis, Water Utility Manager met with council to review some of the proposed capital waterline projects for this year. The first project discussed was Silver Clay Line. Lloyd presented a map showing the existing waterlines for this road and also marked on it were the proposed new waterlines. The costs for this project were discussed. Mike Peternal had requested a waterline to his property, so Lloyd proposed a 6” waterline be constructed on the south side of Silver Clay Line and any of the residents in the area would be given the opportunity to connect onto the line at this time also. The first 850 metres would be done as a maintenance expense, because they are already existing. The next project discussions took place regarding Pioneer Line West to provide a connection for William Luyks proposed new barn. The cost for a 6” line to the property would be a total of $143,178.00. Council requested that more information be gathered regarding the size and type of proposed barn, before any final decision can be made. The final discussions took place regarding the Black’s Road Waterline to the Paul Brown property. This project would require 6” watermain for 800 metres. Council gave Lloyd approval to move ahead with the Silver Clay Line and the Black’s Road projects for this spring. SUBJECT: DUNCAN McGREGOR – WATER LINE BREAK Mr. McGregor had requested that council consider providing a rebate to him for the invoice sent after a waterline break problem was noticed on his property. After discussions it was decided that council would not go against their policy which states that if the water leakage problem is on private property, it would be the property owners’ responsibility. SUBJECT: COUNCIL REMUNERATION EXPENSES RES. NO. 11 Moved by Balint Seconded by Warwick RESOLVED that Council of the Municipality of West Elgin approves the amounts as presented for the final Council expenses and remuneration report for 2001. DISPOSITION: Carried 6 Special Council Minutes –February 28, 2002 SUBJECT: ADJOURNMENT RES. NO. 12 Moved by Balint Seconded by Warwick RESOLVED that this Special Meeting of Council shall adjourn at 2:00 p.m. st to meet again on March 21, 2002. DISPOSITION: Carried st These minutes were adopted on March 21, 2002. __________________________________ _______________________________ MAYOR CLERK