October 24, 2002 Special Session
M I N U T E S
OF THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGIN
SPECIAL SESSION
WEST ELGIN COUNCIL CHAMBERS
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OCTOBER 24, 2002
MEMBERS PRESENT:
Mayor Duncan McPhail, Deputy Mayor Graham Warwick
Councillors: Trudy Balint, Mike Mooser, Brad Bandeen
STAFF PRESENT:
Joanne Groch Administrator/Treasurer
Norma Bryant Clerk
Rick Jackson Roads Superintendent
Lloyd Jarvis Water Superintendent
ALSO PRESENT:
Ted Halwa, 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 and deal with other matters of
business arising since the last meeting.
SUBJECT: PUBLIC MEETING - PELCZ
Council adjourned to hold a Public Meeting for the Pelcz Rezoning application and
resumed their Special Session thereafter.
SUBJECT: DRAFT GENERAL OFFICIAL PLAN AMENDMENT
Mr. Halwa presented a draft Official Plan amendment which modifies the rural
severance policies to place restrictions on the creation of lots for the purposes of
splitting agricultural parcels, retirement lots and disposing of a dwelling, which is
considered surplus to the needs of the farm. A public meeting will be scheduled for
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November 28 at 9:30 a.m. to present this proposed amendment to the public.
SUBJECT: PUBLIC MEETING - BAKKER
Council adjourned to hold a Public Meeting for the Bakker Rezoning application and
resumed their Special Session thereafter.
DELEGATION: BADDER BUS LINES, FINNEY STREET, WEST LORNE
Mr. John Spriet, Spriet Associates, attended as consultant for Badder Bus Lines. Mr.
Badder, Rick Jackson and Lloyd Jarvis were also in attendance.
Mr. Spriet presented a plan to facilitate the development of the bus barn property
showing an extension of Finney Street, extension of the waterline, possible location for a
October 24, 2002…Pg 2 of 6
connection to drain outlet on Graham Road. The proposal also showed possible future
residential development of the property on the east side of Finney Street. He reported
that there is presently an easement over three properties to permit an existing waterline.
The requirements for the development for the bus barns are: building of the road
extension, installation of water and sewer services, outlet for drainage purposes and its
location on the lands, and an agreement is required with regard to the construction of
these services. Mr. Badder was advised that he should request, in writing, permission
for a drain connection to the Graham Road Drain. Council will then appoint an engineer
and the location of piping will then be determined. Future residential development will
be taken into consideration when determining the location of servicing including
drainage.
SUBJECT: PROPOSED SEVERANCE APPLICATIONS - BADDER
As a result of the discussion held it was noted that the proposal to extend Walker Road
to the west side of Graham has now been abandoned. Mr. Badder is pursuing the
severance of the two residential lots fronting on Graham Road as shown on the
sketches presented to Council.
DELEGATION: DON DEJONG, TRIDON CONSTRUCTION
Mr. DeJong presented a plan to change the development of Phase II of Lakeview
Estates located on the south side of Grey Line, west of Graham Road. Rick Jackson
was also in attendance.
Mr. DeJong is proposing 6 estate type lots, all fronting on Grey Line thereby eliminating
the construction of Lints Court as shown on the registered plan of subdivision.
Mr. Halwa suggested that the upgrading of Grey Line should be considered at this time,
as the number of lots with direct access to Grey Line will increase. Further, a legal
opinion regarding the registered plan, agreement and closure of Lints Court is required.
Council agreed in principle to the proposal and directed staff to take the necessary steps
to revise the subdivision agreement and ensure that other matters, such as drainage, lot
grading and any requirements regarding road closure are satisfied.
SUBJECT: CORRESPONDENCE
1.* O.P.P. - 2003 Elgin County O.P.P. Business Plan
Instruction: File
2.* Severance application E84/02 – Canada Southern Railway Co.
RES. NO. 1 Moved by Bandeen
Seconded by Balint
RESOLVED that the Council of the Municipality of West Elgin have the
following comments regarding Severance Application E84/02 as applied
for by Canadian Southern Railway Co. and hereby approves the
severance application with the following conditions:
Subject to rezoning, if applicable
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 the entering of an agreement providing for access over the
municipal right-of-way and maintenance of same.
DISPOSTION: Carried
October 24, 2002…Pg 3 of 6
3.* Ministry of Municipal Affairs and Housing re: Consent applications – Tony Santos
Instruction: File
4.* Notice of LDC decisions – Tony Santos
Instruction: File
5.* Ministry of Municipal Affairs and Housing re: Official Plan Process
Instruction: Mr. Halwa will forward a copy of background Official Plan documents
and schedule a meeting with MMAH representatives.
6.* Ontario Municipal Board – Decision re: Motion for Costs (Arvai appeal)
Instruction: File
Mr. Halwa left the meeting
7. Minister of Enterprise, Opportunity & Innovation - Nominations for 2002 Ontario
Global Traders Awards
Instruction: File
8. Federation of Canadian Municipalities Affordability and Choice Today (ACT)
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program - deadline for grant programs, November 15
Instruction: File
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9. County of Elgin - 2002 Warden’s Banquet, November 15
Instruction: File
10.* Copy of correspondence from Steve Peters, MPP to Thames Valley Board of
Education re: bus barn.
Instruction: File
*Information enclosed
RES. NO. 2 Moved by Bandeen
Seconded by Mooser
RESOLVED that the correspondence be dealt with as per the instructions
of Council as noted.
DISPOSITION: Carried
SUBJECT: BY-LAW NO. 2002-32 – S & A PELCZ
RES. NO. 3 Moved by Warwick
Seconded by Mooser
RESOLVED that the mover be granted leave to introduce a By-law to
amend Township of Aldborough Zoning Bylaw No. 90-50, to change the
zoning of lands in Part of Lot 7, Gore Concession, from the Agricultural
(A1) Zone to the Rural Residential Three (RR3) Zone and to the “site-
specific” Agricultural (A1-38) Zone, and that this shall be the first and
second reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 4 Moved by Warwick
Seconded by Balint
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 7, Gore
Concession, from the Agricultural (A1) Zone to the Rural Residential (RR3)
Zone and to the “site-specific” Agricultural (A1-38) Zone and shall now be
October 24, 2002…Pg 4 of 6
read a third time and finally passed, signed, sealed and numbered – By-
law Number 2002-32 –Zone Amendment – S & A Pelcz
DISPOSITION: Carried
SUBJECT: BY-LAW NO. 2002-33 – J & J BAKKER
RES. NO. 5 Moved by Bandeen
Seconded by Balint
RESOLVED that the mover be granted leave to introduce a By-law to
amend Township of Aldborough Zoning Bylaw No. 90-50, to change the
zoning of lands in Part of Lots 20 and 21, Concession X, from the
Agricultural (A1) Zone and to the “site-specific” Agricultural (A1-39) Zone
and to the Special Agricultural (A2-16) Zone, and that this shall be the first
and second reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 6 Moved by Mooser
Seconded by Bandeen
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 Lots 20 and 21,
Concession X, from the Agricultural (A1) Zone and to the “site-specific”
Agricultural (A1-39) Zone and to the Special Agricultural (A2-16) Zone,
shall now be read a third time and finally passed, signed, sealed and
numbered – By-law Number 2002-33 –Zone Amendment – J & J Bakker
DISPOSITION: Carried
SUBJECT: BY-LAW NO. 2002-34 – FREEMAN DRAIN
RES. NO. 7 Moved by Balint
Seconded by Bandeen
RESOLVED that the mover be granted leave to introduce a bylaw to
authorize the construction of the Freeman Drain, at Concessions 5 and 6
Lots 6 and 7 and that this shall constitute the first and second reading and
provisional adoption thereof.
DISPOSITION: Carried
SUBJECT: BY-LAW NO. 2002-35 – GEO. JOHNSTON DRAIN
RES. NO. 8 Moved by Warwick
Seconded by Mooser
RESOLVED that the mover be granted leave to introduce a bylaw to
authorize the construction of the Geo. Johnston Drain, at Gore Concession
Lot 10 and that this shall constitute the first and second reading and
provisional adoption thereof.
DISPOSITION: Carried
SUBJECT: PORT GLASGOW TRAILER PARK–ELECTRICIAL UPGRADE PHASE II
The following tenders were received for the electrical upgrade for the Port Glasgow
Trailer Park:
Gerber Electric $ 59,368.37 plus taxes
Caradoc Power Line Ltd. $ 166,000.00 plus taxes
October 24, 2002…Pg 5 of 6
RES. NO. 9 Moved by Mooser
Seconded by Warwick
RESOLVED that the Council of the Municipality of West Elgin accept the
tender from Gerber Electric Limited in the amount of $ 59,368.37 plus GST
to provide for the Port Glasgow Trailer Park Electrical Upgrade Phase II.
DISPOSITION: Carried
SUBJECT: SMALL BALANCES WATER WRITE-OFFS
RES. NO. 10 Moved by Mooser
Seconded by Balint
RESOLVED that the small water balance amounts be written off from the
following water accounts:
100032002 -0.19
100041000 -2.05
100066004 -0.22
100067003 -0.22
100119002 -2.32
100165008 1.96
100226001 -6.82
100369008 -1.71
100498003 2.33
100499003 2.34
100555001 -3.53
100584501 -3.32
100594000 -2.88
100788080 -1.81
100796191 -0.88
100823000 -0.46
100865000 -2.35
999655004 8.63
1079770 -1.75
1091885 1.96
999016011 6.54
1040201 7.99
TOTAL 1.24
AMOUNT
DISPOSITION: Carried
SUBJECT: IGA PARKING LOT
The Clerk reported that an opinion of value has been received for the small parcel of
land located in the middle of the IGA parking lot that is owned by the municipality. The
amount is $2,000.00.
RES. NO. 11 Moved by Warwick
Seconded by Balint
RESOLVED that Council offer Parts 5 and 6, Plan No. 72 to the adjacent
owners for $2,000.00
Further, that the municipal solicitor shall prepare and register the
necessary documents at municipal costs.
DISPOSITION: Carried
October 24, 2002…Pg 6 of 6
SUBJECT: LEAF COLLECTION
The Clerk advised that leaf collection for the villages of Rodney and West Lorne are
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proposed for Tuesday November 12 and Monday November 25. Advertisements will
be placed in the Chronicle.
SUBJECT: CLOSED SESSION
RES. NO. 12 Moved by Bandeen
Seconded by Balint
RESOLVED that the Council of the Municipality of West Elgin adjourn to a
closed session to discuss personal matters about an identifiable individual
and labour relations or employee negotiations.
DISPOSITION: Carried
RES. NO. 13 Moved by Mooser
Seconded by Warwick
RESOLVED that the Council of the Municipality of West Elgin do now rise.
DISPOSITION: Carried
DELEGATION: HARRY VANDERKUYL
Mr. Vanderkuyl attended Council to express his concern about the hog operation
located adjacent to his property on Thomson Line. He reported that manure can be
spread within 100 feet of property line and that his well is only 16 feet deep. What
reassurance does he have if his well becomes contaminated, would the municipality
consider installing a waterline?
The Mayor noted that the municipality would install waterlines if requested by the
property owners. He suggested that Mr. Vanderkuyl meet with neighbour and show him
where the well is located. If spreading occurs closer than allowed, the Ministry of
Environment should be contacted. It would be advisable to ensure that your well is
secured against run-off as this can occur from septics as well.
SUBJECT: ADJOURNMENT
RES. NO. 14 Moved by Balint
Seconded by Mooser
RESOLVED that this Special Meeting of Council shall adjourn at 2:45 p.m.
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to meet again on November 14, 2002.
DISPOSITION: Carried
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These minutes were adopted on November 14, 2002.
____________________________ _______________________________
MAYOR CLERK