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March 21, 2002 Regular Meeting M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS ST MARCH 21, 2002 MEMBERS PRESENT: Mayor Duncan McPhail, Deputy Mayor Graham Warwick Councillors: Trudy Balint, Michael Mooser, Brad Bandeen STAFF PRESENT: Joanne Groch Administrator/Treasurer Linda Cranston Clerk/Deputy-Treasurer Jeff Slater Parks & Arena Superintendent Rick Jackson Roads Superintendent Lloyd Jarvis Water Utility Manager Bill Douglas By-Law Enforcement Officer ALSO PRESENT : Ted Halwa, Planning Consultant SUBJECT: MINUTES RES. NO. 1 Moved by Warwick Seconded by Mooser RESOLVED that the minutes of the meetings held on the following dates be adopted as printed and circulated. th February 14, 2002 Regular Council Meeting th February 28, 2002 Special Meeting DISPOSITION : Carried SUBJECT: PUBLIC ZONE MEETING Council adjourned to an Open Public Meeting to address the Zone Amendment application for Alma Johnston, Con. 3, Pt. Lot B and resumed their council meeting thereafter. SUBJECT: SEVERANCE PROPOSAL – DENNIS BRUNER Mr. Rob McNaughton, Real Estate agent attended at council as a representative for Dennis Bruner to discuss with council, the severance application, on the property at Con. Gore, Lot 13, that went to Land Division. Mr. McNaughton stated that Mr. Bruner had requested to be allowed to build a residence on the severed new lot created. Council policy is now that a residence is allowed on the retained portion, however not on the severed portion. Mr. McNaughton could not understand, why council would not allow them to build a residence on the severed property, because it was not prime agricultural land, and it had a lot of bush on it. He also stated that there were several residences already established in that area, so it would not be creating any new roads or services. 2 st March 21, 2002 – Council Mtg. It was pointed out that the applicant had only requested the lands be severed for forest management reasons, and he never requested anything about a residence to council whatsoever. Then a month later, when his application went to Land Division, it is completely different, from what he had requested from council. Even though Mr. Bruner had been advised to have someone attend at the council meeting, no one was in attendance on his behalf. It was unfortunate that this application has already gone to Land Division, and council is unable to make any changes at this point, however the consensus was that the door would be open for a new owner to approach council to request a zone change at some time in the future, if they could provide sound reasoning for an application to change the zoning. SUBJECT: PROPOSED SEVERANCE – TONY SANTOS Tony Santos attended at council concerning a proposed severance – phase 2 of his development plan, on Pt. Lot 17, Con. 9 just outside West Lorne, south off Pioneer Road, west. He would like to proceed to sever five more lots within his subdivision plan, and build residential homes on each of the five lots. Council questioned whether he would be required to connect to the sewage system or install septic systems. Tony plans to install septic, as the sewage connection would be too expensive for five lots. This will have to have Health Unit approval and the Ministry of the Environment. Ted Halwa was asked for comments, but he had not been given any prior information for review, from Mr. Santos, so there were no comments at this point. He asked if council wished to have an agreement drawn up between the two parties. Council agreed in principle, to the proposal, which will go before Land Division in April., as long as Mr. Santos signs an Agreement with the Municipality, setting out the rules and conditions that he must adhere to. Mr. Santos thanked council and left the meeting. SUBJECT: LAND DIVISION – J. DA COSTA After review of the application for severance on Lot 212, Registered Plan 75, in the Village of West Lorne, the following comments are to be sent to Land Division: Re: Severance Application No. E/20/02 for Jose Furtado Da Costa and Luisa Da Costa, council have no objections, subject to: - rezoning, if required - apportionment of Municipal Drainage Assessments - drainage outlet & drainage agreement if required - requirements of the Municipal Road Department regarding access and /or drainage SUBJECT: PLANNING MATTERS Ted Halwa reviewed the proposed topics for discussions at the next planning session. SUBJECT: LLOYD JARVIS – WATER UTILITY REPORT Lloyd Jarvis attended at council to give his monthly report to council, and to discuss some waterline information with council. 1. Lakewood Estates property have requested that they be allowed to connect onto the municipal waterline at the most westerly point, of their undeveloped lot and then allow them to bring it from there back over the undeveloped lot to the Trailer Park. 3 st March 21, 2002 – Council Mtg. Discussions took place, and it was noted that when the Trailer Park was first approached to connect onto the waterline, when it was under construction, they turned down the offer. Council agreed that the connection must be made off of Gray Line. Their request was denied. 2. Lloyd informed council that the water lines originally installed at the Evandale area, were undersized for the capacity that was using it, and they were in poor condition. He had a diagram to show council all the varying sizes that were leading to the poor water pressure and quality problems. Lloyd proposed a water line replacement, which council agreed was needed, and he could proceed with the 6” line replacement. 3. A public meeting will have to be organized for the Silver Clay, Pioneer Line, and Graham Road water line work to proceed. SUBJECT: JEFF SLATER – RECREATION REPORT Jeff Slater, Recreation Superintendent presented his regular monthly report. Mayor McPhail requested clarification on the facilities rental details for the reunion this August. The reunion committee will be requested to list the events that will require a facility to use, and that they also submit a letter of request for waiving of fees. Jeff proceeded to hand out a written report on the details he has resourced, regarding the proposed new storage building location. Using a diagram and a special report prepared on this concern, he explained that the hydro and the foul line will not pose a problem. SUBJECT: ROAD REPORT Rick Jackson, Road Superintendent, reported on the activities over the past month. Council asked to have cold mix patching work done at the corner of Walker and Mary Street. He reported that four persons from his department would be attending the Anderson-Mahoney Road School courses offered early in May. They will also be attending the Truck Rodeo. Rick reported that he had received a price being offered to expand the gravel pit. Council was not in agreement with this, and requested that he counter offer at $500.00 per acre less. Due to the large amount of limbs and branches fallen from the ice storm, an ad was placed in the paper, to have the road crews collect any branches placed at their curbside. SUBJECT: EMERGENCY DETOUR ROUTE Mayor McPhail reported to council that there had been an EDR meeting to “debrief” after the emergency situation caused by winter storm conditions and a pile-up on Hwy. 401, adjacent to our municipality. SUBJECT: BUILDING REPORT Council reviewed the CBO’s report for the month of February, which indicated that seven permits had been issued totalling $584,000.00 worth of construction. Total permits issued this year to date is 11 totalling $621,150.00 worth of construction. 4 st March 21, 2002 – Council Mtg. SUBJECT: BILL DOUGLAS – BY-LAW ENFORCEMENT Bill Douglas attended at council, to give a verbal report on his activities in the past few months. He was instructed to proceed with the issue of an order to remedy on one location, that has an unsafe condition. Councillor Mooser requested an update on several properties that had problem areas. It appears that there are a number of derelict vehicles left on properties within the municipality that people are complaining about. He agreed to spend the following morning in West Lorne to review the properties in question. SUBJECT: BY-LAW 2002-06 – ZONE AMENDMENT – ALMA JOHNSTON RES. NO. 2 Moved by Mooser Seconded by Warwick RESOLVED that the mover be granted leave to introduce a By-Law to amend the Township of Aldborough Zoning Bylaw No. 90-50, to change the zoning of lands in Part of Lot B, Concession 3, from the Extractive Industrial (M3) Zone to the “Site Specific” Agricultural (A1-33) Zone, and that this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 3 Moved by Warwick Seconded BY Mooser RESOLVED that a bylaw to amend the Township of Aldborough Zoning By-Law No. 90-50 to change the zoning of lands in Part of Lot B, Concession 3, from the Extractive Industrial (M3) Zone to the “Site Specific” Agricultural (A1-33) Zone, and shall now be read a third time and finally passed, signed, sealed and numbered – Bylaw No. 2002-06 – Zone Amendment – Alma Johnston. DISPOSITION: Carried SUBJECT: ACCOUNTS RES. NO. 4 Moved by Balint Seconded by Bandeen RESOLVED that the Mayor and Administrator/Treasurer be and they are hereby authorized to sign Payment Voucher #3, amounting to $1,411,258.97 in settlement of General, Road and Water Accounts, Cheques #2632 – 2876 plus General/Roads/Water/Payroll including Arena Voucher of $22,656.14 (#1227 – 1252). DISPOSITION: Carried DELEGATION: JOHN SCHAEKEN John Schaeken and his son appeared before council to request that council allow him to continue letting his tile drain outlet into the municipal roadway ditch. Apparently he changed the flow of the tiles that normally drained out through the Carmichael Drain. The Carmichael Drain had some tiles broken on his neighbours property just before the outlet, so he and his son proceeded to divert the water to a new location, using the road allowance ditch as his outlet. Mr. Schaeken was informed that this was unacceptable and he would be required to remedy the situation. Mr. Schaeken also requested permission to grade the roadside to “retrieve” some of his lost soil. He was told that he could not do anything on the municipal roadside, due to the potential for a liability action. 5 st March 21, 2002 – Council Mtg. Council instructed the Road Superintendent and the Drainage Superintendent to review the situation at the site and report back to council. DELEGATION: DONNA LUNN Donna Lunn appeared before council to give a presentation on Elgin Connects and in particular the Ontario/Geosmart program. This involves the county obtaining up to date GIS Mapping for the area that will also allow for other modules to be added on to the program to provide up front information such as inventory of businesses and services available in our municipality. Maps would have event locations and other tourist attractions marked clearly on them, such as accommodations, etc. These would be useful for hockey and ball tournaments being held in the area. It is planned that this will be put into the 2003 and 2004 County budget. These maps could also be utilized for 911 purposes. However the municipality would have to initiate a program to ensure that all house numbers are clearly visible from the road. Council thanked Donna for the presentation and she left the meeting. DELEGATION: JANET PINDER Janet Pinder appeared before council to inform them that the parent/Child Resource Centre had received a preliminary go ahead for a grant, received through the Early Years Program. However, the proposed grant outlines, some capital items that must be installed and in place by the end of the month. Janet was requesting approval from Council to proceed with these improvements to the Rodney Town Hall, at no cost to the taxpayer. Council was extremely pleased with Janet’s presentation, and gave their approval. SUBJECT: CORRESPONDENCE 1.* City of Stratford is requesting support of a resolution to enact legislation to require producers to reduce the packaging of goods at the source of distribution, and for retailers to take back packaging materials. Instruction: RES. NO. 20 Moved by Warwick Seconded by Mooser RESOLVED that the Council of the Municipality of West Elgin is in support of the resolution put forth by the City of Stratford, to encourage the Province of Ontario to enact legislation to require producers to reduce the packaging of goods at the source of their distribution and retailers to take back packaging materials. DISPOSITION: Carried 2.* Corporation of the Town of Minto is requesting support for a resolution to request that the Government provide better tools to effectively handle the ever growing vandalism within our schools. Instruction: File 3. Appointment of an Area Weed Inspector for 2002. Instruction: RES. NO. 3 Moved by Balint Seconded by Bandeen RESOLVED that the Council approves the appointment of Rob Lindsay as the Area Weed Inspector for the Municipality of West Elgin, in the County of Elgin, under Section 6(1) & 7(1) of the Weed Control Act. DISPOSITION: Carried 6 st March 21, 2002 – Council Mtg. 4.* County of Brant is requesting support of a resolution that the Ministry of the Environment reconsider their proposed regulation to charge municipalities up to $10,000.00 per day for infractions, such as submitting their water report a day late or other minor infractions. Instruction: RES. NO. 4 Moved by Warwick Seconded by Mooser RESOLVED that the council of the Municipality of West Elgin is in support of the resolution put forth by the County of Brant to petition the Ontario Ministry of the Environment be requested to reconsider their proposed regulation that unusual circumstances will occur and that a framework be provided which allows for the extension of deadlines, operating conditions, etc. without the fear of mandatory penalties when these matters are of a non-critical nature and pose no risk to the health and safety of the community. DISPOSITION: Carried 5.* City of Clarence-Rockland is requesting support of a resolution regarding Daycare Services in Ontario. Instruction: File 6. Notice that the Annual Elgin County Municipal Association Dinner Meeting will be rd held on Wednesday, April 3, 2002 in West Elgin. Instruction: File 7. Tiny Tots Nursery and the Rodney Firefighters will be holding their annual fund th raising dance at the Rodney Recreation Centre on Saturday, April 6, 2002 and they are requesting that Council waive the rental fee for their event. Instruction: RES. NO. 6 Moved by Balint Seconded by Bandeen RESOLVED that the Municipality of West Elgin approves to waive the rental fee for the use of the Recreation Centre in Rodney for the Tiny Tots and the Rodney Firefighters Annual Dance to be held on Saturday, April th 6, 2002. DISPOSITION: Carried 8.* City of Woodstock request for support of a resolution to request the Government to allow the Municipalities to be more involved in the allocation of the Ontario Trillium Fund. Instruction: File 9.* Township of Ramara request for support of a resolution to ask the Provincial Government to reconsider their decision to privatize Hydro One. Instruction: RES. NO. 7 Moved by Warwick Seconded by Mooser RESOLVED that the Municipality of West Elgin is in support of the resolution put forth by the Township of Ramara to petition the Provincial Government to reconsider their decision to privatize Hydro One and deregulate the energy market. DISPOSITION: Carried 7 st March 21, 2002 – Council Mtg. 10.* City of Brantford requests support of a resolution to request that the Ontario Ministry of Health and Long Term Care develop mechanisms to allow Nurse Practitioners to practise as members of an interdisciplinary team or independently to the full extent of their licence and scope of practice. Instruction: RES. NO. 8 Moved by Warwick Seconded by Mooser RESOLVED that the Council of the Municipality of West Elgin is in support of the resolution passed by the City of Branford to request that the Ministry of Health and Long Term Care develop mechanisms to allow Nurse Practitioners to practise as members of an interdisciplinary team to the full extent of their scope of license. DISPOSITION: Carried 11. Harry Mezenberg, proposed severance – revised site drawing. Instruction: RES. NO. 9 Moved by Bandeen Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin approves the revised amended site plan for the proposed severance application from Harry Mezenbwerg, Concession 11, North ½ Lot A, and have no objections to this retirement severance, subject to the following conditions: - rezoning - apportionment of Municipal Drainage Assessments’ - drainage outlet & drainage agreement if required - reqirements of the Municipal Road Department regarding access and/or drainage - no further residential development on the retained agricultural portion. DISPOSITION: Carried 12. Robert Hill regarding areas of concern, re: EDR route issue. Instruction: File 13. City of Woodstock requesting support of a resolution outlining the recommendations from the Canadian Police Association. DISPOSITION: File 14. AMO report from the Board of Directors meeting discussions covering such topics as nutrient management bylaws, Workplace Safety and Insurance Board, Privacy and Information Act, OMERS, the Line Fences Act, use of coloured fuels in Municipal vehicles, mandatory facial protection for sports taking place on municipal property, and volunteer fire fighters in jeopardy. Instruction: File 15. Ministry of Transportation confirms the intent to proceed with the Highway Maintenance Standards regulations to help municipalities manage liability. Instruction: File 16. Mike Hensel, Landscape Architect, regarding the Rodney New York Central Park. Instruction: Forwarded to the Horticultural Society. 8 st March 21, 2002 – Council Mtg. 17. Notices of upcoming presentation seminars on the Wake of Walkerton, and the municipal responsibility. th Instruction: Councillor Mooser will attend the one in London on April 8, 2002. 18. ROMA – copy of a new booklet sent out to each municipality on Personal Effectiveness and how change and stress can effect the government workplace. Instruction: File 19. Robert Hill local ratepayer with concerns regarding recreational matters. Instruction: The recreation superintendent has dealt with these concerns. 20. Municipal Gateway Competition, 2002. Instruction: Material will be forwarded to the Horticultural Society and the Chamber of Commerce. 21. Ontario Water Works Conference will be held at the London Convention Centre thth from May 5 to 8, 2002. Instruction: Clerk to register Councillor Mooser and also give the information to Lloyd Jarvis. 22. Ontario Medal for Young Volunteers Awards DISPOSITION: Passed on to the Recreation Committee and Chamber. 23. Lower Thames Valley Conservation Authority minutes of the meeting held on th February 28, 2002. Instruction: File * Information enclosed RES. NO. 10 Moved by Balint Seconded by Bandeen RESOLVED that the correspondence be dealt with as per the instructions of Council as noted. DISPOSITION: Carried SUBJECT: MINUTES th ? Elgin Group Police Services Board Meeting – February 19, 2002 th ? West Elgin Parks & Recreation Committee –February 19, 2002 th ? West Elgin Arena Board Meeting – February 20, 2002 SUBJECT: PORT GLASGOW TRAILER PARK WASHROOM RENOVATIONS It was noted that even though there were seven tender packages picked up by contractors, only one quote was received. It was as follows: 1. William Smith Construction $32,615.42 plus taxes RES. NO. 12 Moved by Bandeen Seconded by Mooser RESOLVED that the Council of the Municipality of West Elgin accept the quote from William Smith Construction in the amount of $32,615.42 plus taxes to complete the washroom construction project (as outlined in the spec sheets) for the Port Glasgow Trailer Park. DISPOSITION: Carried 9 st March 21, 2002 – Council Mtg. SUBJECT: PETITION FOR DRAIN WORK A petition for drainage work was received from Johann and Hermine Lettner, Con. 9, Pt. Lots 23, 24. RES. NO. 13 Moved by Mooser Seconded by Warwick RESOLVED that the Council of the Municipality of West Elgin accepts the drainage petition from Johann and Hermine Lettner, for drainage work on Con. 9, Part Lots 23 and 24, under Section 4 of the Drainage Act. DISPOSITION: Carried SUBJECT: WEST LORNE ROYAL CANADIAN LEGION RES. NO. 14 Moved by Mooser Seconded by Warwick RESOLVED that the Council of the Municipality of West Elgin approves that the West Elgin Branch 221 of the Royal Canadian Legion may use up to 75% of the available funds derived from the sale of Nevada Tickets, for the use of the upkeep and maintenance of the building. DISPOSITION: Carried SUBJECT: QUOTES FOR MAIL STUFFING MACHINE The Administrator gave a verbal presentation to council regarding the possibility of the purchase of a machine to fold and stuff the envelopes for the taxes and water bills. She explained how time consuming this job is, and gave an estimate of the amount that is paid out in labour for this purpose throughout the year. It was also noted by council that this item was already budgeted for in a prior year, however the product did not turn out to be satisfactory, so it was not purchased. Two companies had given demonstrations this time, with the more expensive model being far superior than the cheaper model. The quote from Neopost was for $16,670.72 plus taxes and the other quote was from Ascom in the amount of $12,750.00 plus taxes. RES. NO. 16 Moved by Balint Seconded by Bandeen RESOLVED that the Council of the Municipality of West Elgin approves the purchase of a mail stuffing machine from Neopost in the amount of $16,670.72 plus taxes. DISPOSITION: Carried SUBJECT: COURT OF REVISION – CAHILL DRAIN rd The Court of Revision for the Cahill Drain will be held on Tuesday, April 23, 2002 at 7:30 p.m., and the Clerk is to arrange for the use of the West Lorne Community Hall for that meeting if possible. SUBJECT: APPOINT ENGINEER – KALITA DRAIN RES. NO. 17 Moved by Mooser Seconded by Warwick RESOLVED that Spriet Associates, London be appointed to prepare a report under Section 4 of the Drainage Act for the Kalita Drain, at the request of the owners for work on Concession 13, Part Lot 22 and that the report be submitted within six months. DISPOSITION: Carried 10 st March 21, 2002 – Council Mtg. SUBJECT: CLOSED SESSION RES. NO. 18 Moved by Bandeen Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin adjourn to a closed session for the receiving of advice that is subject to solicitor-client privilege. DISPOSITION: Carried RES. NO. 19 Moved by Mooser Seconded by Bandeen RESOLVED that the Council of the Municipality of West Elgin do now rise. DISPOSITION: Carried SUBJECT: COUNCIL CONCERNS – POWER OUTAGES Due to the ice storm recently, most of the Municipality was in darkness for over 24 to 25 hours. Council had concerns, because Hydro One did not have any public announcements broadcast on the radio, to alert residents to the situation. Council was disturbed that there was no communications with the public. They feel there should be a protocol in place to make sure that our seniors being the most vulnerable persons in our society, should have a safe haven to depend upon. A mechanism should be in place to alert them to go to a designated place or to call a certain emergency number for the correct information. The Clerk is to request that a representative from Hydro One attend at council or at a Police Board Meeting to discuss the proper procedures in the event of an emergency. SUBJECT: ADJOURNMENT RES. NO. 21 Moved by Mooser Seconded by Warwick RESOLVED that this Regular Session of Council adjourn at 5:15 p.m. to th meet again on April 11, 2002. DISPOSITION: Carried th These minutes were adopted on the 11, day of April, 2002. ___________________________ ____________________________ Mayor Clerk