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May 23, 2002 Special Meeting M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS SPECIAL MEETING rd MAY 23, 2002 MEMBERS PRESENT: Mayor Duncan McPhail, Deputy Mayor Warwick, Councillors: Mike Mooser and Brad Bandeen STAFF PRESENT: Joanne Groch Administrator/Treasurer Linda Cranston Clerk/Deputy-Treasurer ALSO PRESENT : John Fischer Mayor McPhail welcomed everyone to this special meeting. SUBJECT: AUDIT REPORT – CHRISTENE A. SCRIMGEOUR The Municipal Auditor, Christine Scrimgeour was in attendance at council to present the Consolidated Financial Report for the year end 2001. The report showed that the municipality gained approximately 1.6 million from the sale of the local hydro system. The majority of this amount went to the reduction of long term debt owed by the Village of West Lorne. These amounts make a significant difference in the year end amount for this year only. Council reviewed the report and asked various questions, which were answered by the auditor. Councillor Mooser was assured by the auditor that the West Lorne portion remaining from the sale was set aside in a special account for their use only. RES. NO. 1 Moved by Bandeen Seconded by Mooser RESOLVED that the Council of the Municipality of West Elgin hereby accepts the audit report for the Municipality for the Year-end 2001 as presented by Christene Scrimgeour. DISPOSITION: Carried SUBJECT: CORRESPONDENCE 1. Dr. Bruce Cantelon, letter in reply to my original correspondence regarding a possible tax rebate. Instruction: File 2. Results of the Elgin County Road Network Study was reported on by the Mayor. Instruction: File 2 Special Council/March 27,2002 3. OMB Decision from the Thompson/Arvai Zoning Appeal was in the favour of the Municipality. Instruction: The Clerk will finish all that is required to close the file. st 4. 2002 Senior of the Year Awards – must be submitted by May 31. Instruction: File 5. LTVCA – notice that the tourist season opens 7 days per week at Longwoods Road Conservation Area. Instruction: File 6. Land Division – D. Bruner – see severance re-application later in minutes. RES. NO. 2 Moved by Mooser Seconded by Warwick RESOLVED that the correspondence be dealt with as per the instruction of Council as noted. DISPOSITION: Carried SUBJECT: PUBLIC ZONE AMENDMENT MEETING – H. MEZENBERG Council moved into an open public meeting to address a zone amendment application for Harry Mezenberg, and then they returned to council and resumed their regular meeting. SUBJECT: SEVERANCE RE-APPLICATION FOR DENNIS BRUNER In attendance for this portion of the meeting was Dennis Bruner, property owner and Rob McNaughton, Real estate Agent. Mr. Bruner explained to Council, that his original consent to sever application had been put on hold, due to the fact that the survey revealed that the property was not 120 acres as he had thought, and as was in the assessment roll records, but it was only a total of 100 acres. Therefore he had to begin his consent process all over again, with the proper measurements provided this time. They were requesting permission to build a residence on each of the fifty acre parcels. A very lengthy discussion ensued. This is not the normal zoning policy of council. As a result council came to the decision that they would be allowed one residence only. RES. NO. 4 Moved by Mooser Seconded by Bandeen RESOLVED that the Council of the Municipality of West Elgin have no objections to the Consent to Sever application No. 44/02 for Dennis Bruner, Concession Gore, Part Lot 13 and hereby approve the severance application with the following conditions: Subject to rezoning, Subject to apportionment of Municipal Drainage assessments Subject to drainage outlet & drainage agreement if required Subject to requirements of the Municipal Road Department regarding access and/or drainage Subject to no residential development on the retained agricultural portion. DISPOSITION: Carried rd Special council – May 23, 02 3 SUBJECT: INFORMATION MEETING – MELODY FELLOWSHIP CHURCH Also in attendance for this portion of the meeting was Mr. & Mrs. Rick Gordon, OPA applicants, and 23 members of the public. Mayor McPhail welcomed everyone to the meeting. He explained that Mr. & Mrs. Gordon have submitted an Official Plan Amendment application to allow a Church to be built on the property at Con. XI, Pt. Lot 19 just south of West Lorne on the east side of Graham Road. This property is currently zoned as agriculture lands, so they would also require a zone change on the property as well. Due to the concerns that have become apparent from some of the neighbouring properties, it was decided by council to host an information meeting for public input. The Municipal Planner, Ted Halwa briefly went over the process for an Official Plan Amendment and a Zone Amendment. He suggested that a report should be produced to explain in more detail what they are proposing, as well as a report to address the impacts that it may have on the agricultural properties in the area. The Clerk read correspondence received from the Thames Valley Conservation Authority that is recommending that an Environmental Impact Study should be done as a requirement of the Official Plan Amendment. Mr. Gordon explained that they hoped to build the Church approximately 113 metres from the road, and it would be 64 metres from the nearest house. They plan to only rezone a portion of the lands to Institutional and leave the remainder in agricultural lands and the pond area as it is in its natural state. Dan Perovich, a neighbouring property owner that abuts the property in question requested the Clerk read aloud a letter that he had submitted for the purpose of this meeting.He then went on to explain that he felt they should have approached some of the residents in the area, before they purchased this property to alert the people to what they had planned. He explained that there is a drain that runs along the property, which has affected some area residents property. This will also have to be addressed. Some of the citizens felt that the storage building they have built on the property was really for the purpose of being used as a Church gathering place until they get the other Church built. Mr. & Mrs. Gordon were advised by the Building Inspector that the storage building could not be used for Church services because it was not built to public standards. This would require major changes such as proper wheel chair accessible doors, ramps, washrooms, emergency lighting, heating, proper standards to meet the Building Code specifications for a public building, as well as the proper zoning to allow it. Mr. Halwa also suggested that a report be prepared to address the impacts on the residences in the area for such things as traffic volumes, safety issues, and the general loss of quality of life. rd Special council – May 23, 02 4 Many people had a turn speaking against the proposal and some spoke in defence of the idea. Council is not against the idea of having a group that encourages and involves young people in their activities. The only thing Council is against is that it is the wrong location. They feel that the Church could be developed in a better location. The subject also came up concerning the fact that the Gordons are presently holding Church services twice a week in their house basement. Since they are in a residentially zoned area, this is a violation of the zoning bylaws. The Clerk asked them about their liability insurance for this purpose. They stated that they have sufficient liability insurance to cover the purpose of church services. The Mayor took this opportunity to thank everyone for coming out to this public meeting and he explained that if the Official Plan Amendment was to proceed another Public Meeting will be required, with the proper notice circulation being given to the area residents. At this point, the public left the meeting. SUBJECT: WEST ELGIN HEALTH CENTRE SITE PLAN Ted Halwa reviewed the changes he was proposing for the West Elgin Health Centre site plan agreement. Council agreed to set the security deposit at the amount of $5000.00. Proof of proper insurance is a standard practice and the Engineering firm Spriet Associates will be sending their comments as well as the Municipal Solicitor. The document should be ready for final approval of council at the next meeting. SUBJECT: MELODY FELLOWSHIP CHURCH OPA APPLICATION Council reviewed the events of the public meeting held earlier, and as a result it was the consensus of council that they are not in a position to proceed with the Official Plan Amendment as presented until the following are provided: 1. Environmental Impact Study – to determine the impacts on the wetland by this proposed development. 2. Agricultural Impact Report – to determine the impacts on agriculture operations abutting this property. 3. Area Residential Impact Report – to assure that the concerns of the residents in the area have been addressed sufficiently. 4. Alternative/more suitable sites should be reviewed in the West Lorne area. The Clerk was directed to send them a letter to explain this request from Council. SUBJECT: L. BEGIN/ M. JOLDERSMA ZONING ISSUE Council reviewed copies of letters from Martin Joldersma on behalf of his client, Louise Begin to our Planner. Ted explained that he did not agree with the opinions of Mr. Joldersma on this issue and it appears that they are trying to derive a way of getting around the need to apply for a consent to sever. Council agreed that when she was at council a year or more ago, they agreed to pass a “Deeming By-Law” to allow her to build one residence on the site without a plan of subdivision, however they did point out to her at that time, that if she decided to sell off any of the property at some future point in time, she would have to apply for a severance. At that time, she stated she wouldn’t be selling any of the property for quite some time. The Clerk is to respond to Mr. Joldersma’s letters. Ted Halwa clarified the time and date for the next planning session and he left the meeting. rd Special council – May 23, 02 5 SUBJECT: WEST LORNE STREETLIGHTS A quote from Ron Field Electric was presented to council for approval to proceed with some necessary extra line work, over and above what was quoted for in the original streetlight contract. Since these items would be necessary to clean up some old electrical problems, the council agreed to have them do the work. RES. NO. 3 Moved by Mooser Seconded by Warwick RESOLVED that Council of the Municipality of West Elgin accepts the quote from Ron Field Electric in the amount of $1500.00 plus taxes for additional streetlight service upgrading in West Lorne, not previously included in the contract. DISPOSITION: Carried SUBJECT: WILLIAM JEFFERY – GRASS CUTTING A letter was received from Mr. William Jeffery to request payment of an invoice for grass cutting he claimed to have done on a Powell Street property that was currently being advertised for public auction. The invoice was in the amount of $8,240.00 and covered an eight year span. The Clerk was instructed to write a letter to remind them that the Municipality does not own the property, and they would not have given permission to cut the grass, they will have to approach the new owner for such costs. SUBJECT: PLAYGROUND EQUIPMENT Jeff Slater presented a quote for playground equipment which includes a swing set for the Port Glasgow Trailer Park. RES. NO. 5 Moved by Bandeen Seconded by Mooser RESOLVED that the Council of the Municipality of West Elgin accepts the quote from Henderson Recreation Equipment in the amount of $6310.52 plus taxes for recreation equipment as per quote sheet, for the Port Glasgow Trailer Park. DISPOSITION: Carried SUBJECT: GRASS CUTTING ISSUES Councillor Mooser once again brought up the issue of grass cutting needing to be done on certain properties in West Lorne. The Clerk is to send letters to the property owner on Main Street, one on the corner of Ridge Street, and also the Schippers property. They will be given a deadline to have the property brought up to proper standards, and if not, the recreation crew will cut the properties and the time and labour will be invoiced back to the property owners. rd Special council – May 23, 02 6 SUBJECT: AD JOURNMENT RES. NO. 6 Moved by Mooser Seconded by Warwick RESOLVED that this Special Meeting of Council shall adjourn at th 3:20 p.m. to meet again on June 13, 2002. DISPOSITION: Carried. th These minutes were adopted on the 13 day of June 2002. ________________________ ____________________________ MAYOR CLERK rd Special council – May 23, 02 7