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September 26, 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 th SEPTEMBER 26, 2002 MEMBERS PRESENT: Mayor Duncan McPhail, Deputy Mayor Graham Warwick Councillors: Trudy Balint (arrived at 10:00 a.m.), Mike Mooser, Brad Bandeen (left at noon) STAFF PRESENT: Joanne Groch Administrator/Treasurer Norma Bryant Clerk Rick Jackson Roads 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 a public meeting and deal with other matters of business arising since the last meeting. SUBJECT: PUBLIC MEETING Council adjourned to a continuation of the previous Public Meeting for the Hollanada Rezoning application and resumed their Special Session thereafter. SUBJECT: MELODY FELLOWSHIP CHURCH OPA APPLICATON Council reviewed correspondence from Ministry of Natural Resources, which indicated that the proposal does not encroach into the provincially significant wetland. SUBJECT: ANDREI OFFICIAL PLAN & ZONING APPLICATION RES. NO. 1 Moved by Bandeen Seconded by Warwick WHEREAS an application has been submitted to the Municipality of West Elgin for the purposes of changing the designation of Part of Lot 19, Concession VIII in the Township of Aldborough Official Plan from ‘Agricultural’ and ‘Restricted Agricultural’ to permit the establishment of a parking compound and service and maintenance facilities for school buses by Elgin Bus Service on lands owned by George and Maria Andrei; AND WHEREAS Elgin Bus Services has subsequently acquired lands elsewhere in the Municipality designated and zoned for such purposes and has advised Council that it no longer has an interest in the subject lands; AND WHEREAS a change in designation of the subject lands from ‘Agricultural’ and ‘Restricted Agricultural’ to ‘Industrial’ in the absence of a Sept. 26/02…Pg 2 of 9 specific intended use is considered premature in light of the preparation of a new official plan for West Elgin, now in progress; AND WHEREAS consideration to designate the subject lands and other lands for industrial purposes is being considered in the preparation of the new official Plan for West Elgin; NOW THEREFORE the Council of the Corporation of the Municipality of West Elgin hereby denies the application to amend the Township of Aldborough Official Plan and directs the Clerk to advise the applicant and the Ministry of Municipal Affairs and Housing accordingly. DISPOSITION: Carried Councillor Balint arrived at the meeting. DELEGATION: TONY SANTOS 1. PROPOSED SEVERANCES, WILLIAM STREET Mr. Santos presented a registered reference plan for the extension of William Street, the creation of two new building lots and addition to two other lots. Mr. Halwa presented two alternative concepts for the development of the subject lands. RES. NO. 2 Moved by Bandeen Seconded by Balint RESOLVED that Council accepts the concept plan presented by Tony Santos and shown on Plan 11R-7767 for development of Evandale property. AND FURTHER that the Mayor and Administrator-Treasurer be authorized to sign necessary documents to facilitate the transfer of lands being Part 6 Plan 11R-7767, to the municipality. DISPOSITION: Carried 2. PROPOSED SEVERANCES, CATHERINE STREET Council reviewed correspondence, dated September 25, 2002 from Mr. Halwa, which outlines the history of the development of the lands as an extension of Catherine Street. The lands were originally part of a 78-lot plan of subdivision to be serviced by public water supply and private sanitary sewer systems, the plan was replaced by a proposed 41- lot plan of subdivision in 1994. The Ontario Municipal Board ruled in 1992 that the lands be rezoned RR2-H. The Board expressed the view that it could not find any compelling arguments against development proceeding on the basis of partial services. The draft plan of subdivision has been abandoned in favour of development by way of consents. Mr. Santos reported that Health Unit approval has been obtained for the proposed lots. Mr. Santos left the meeting. Mrs. Helen Okolisan reported to Council that the lands should be required to be hooked up to the sanitary sewer system, as Civerio has been required to do. Council noted that the Village of West Lorne did not grant Mr. Santos permission to connect to the sanitary system and the OMB decision permits the development of these lands based on partial services. RES. NO. 3 Moved by Balint Seconded by Warwick RESOLVED that the Council of the Municipality of West Elgin have the following comments regarding Severance Application E72/02 as applied Sept. 26/02…Pg 3 of 9 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 water and/or sewer connection fees if applicable DISPOSITION: Carried RES. NO. 4 Moved by Warwick Seconded by Bandeen RESOLVED that the Council of the Municipality of West Elgin have the following comments regarding Severance Application E73/02 as applied for by Tony Santos Construction Ltd. 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 water and/or sewer connection fees if applicable DISPOSITION: Carried DELEGATION: DENNIS JOYCE, STEVE McCULLOUGH – BUS BARN LOCATION The Mayor read a letter from Thames Valley Board of Education, dated August 29, 2002, regarding the expiration of the contract with operator of the bus barn located at the high school. Mr. Joyce asked the following questions: Is the bus barn moving Are road upgrades being considered? If so, where? Aren’t the proposed extensions going to compound problem Who will pay for the road upgrades What about safety issue? Will sidewalks be in place prior to the relocation of the bus barn When was this property rezoned to industrial, when did the application go to the Ontario Municipal Board, how were the changes presented to residents Mr. McCullough asked the following questions: If Council was aware that the lands were not zoned properly, would Council fight to maintain the lands as industrial Were proper procedures followed to rezone by By-law 900 Was By-law 900 approved by the Ontario Municipal Board Request for OMB files numbers for specific by-laws and approvals from province It was noted that By-law 89-20 supersedes the old by-law and Council agreed that records for By-law 89-20 would be examined to see if proper procedures were followed, i.e. proper notification. Mr. Halwa will review his files to obtain the OMB file numbers for Mr. McCullough. Councillor Balint reported that she had received a letter from Alice and James Ouellette, dated September 23, 2002, regarding the relocation of the bus barn and requested the letter be read to those in attendance. Councillor Bandeen left the meeting. Sept. 26/02…Pg 4 of 9 SUBJECT: INDUSTRIAL PROPERTY, GILBERT STREET, WEST LORNE The Road Superintendent presented a sketch and costing information of a proposed extension of Walker Road from Graham Road to Finney Street. It was noted that the exact location of the proposed bus barns on this property has not been finalized to date. After discussion of various options, Council directed that staff investigate the following: designation of bus route along Finney to Jane Streets, costs and timing of the construction of sidewalks and possibility of extending Finney Street north through the reservoir property. SUBJECT: DRAFT GENERAL OFFICIAL PLAN AMENDMENT Mr. Halwa presented a draft official plan amendment, which addresses the issue of the creation of residential lots for the purpose of disposing of surplus farm dwellings. It is proposed that no additional residential dwellings will be allowed on the retained lands. After discussion Council directed that the following be included in the general amendment: No additional dwelling units are permitted when a 100-acre parcel of land is split into two 50-acre parcels. No additional dwelling units are permitted on retained portion when a retirement lot has been created by way of severance. SUBJECT: PRELIMINARY SEVERANCE APPLICATION – KURANYI Joe and Erna Kuranyi are requesting the severance of a 4,000 square metre parcel from their 200-acre parcel located on Lot 12, Concession IX. The purpose of the severance is for retirement purposes. The lands are designated Agricultural in the Official Plan and zoned A1. Council were in agreement with the severance proposal subject to the usual conditions regarding access, drainage and zoning and subject to no further residential development on the retained parcel. Mr. Halwa left the meeting. SUBJECT: PROVISION OF WATER TO SERVE NORTH-EAST AREA Mr. John Spriet of Spriet Associates presented a report to Council outlining two options for providing water to the Crinan area, along Graham Road from Downie Line to Thames River. Option 1 proposes the installation of a two-way meter on the south side of the river on the 14” Glencoe Line at the cost of $80,000 plus 6 taps at $4,000 per tap. Option 2 proposes the installation of smaller meters on the individual spur lines at a cost of $60,000 plus 3 taps at $4,000 per tap. There will also be additional cost to install the spur lines for east and west along each road at $25,000 each. Connection fees payable to South-West Middlesex will apply in both options costs unknown. A formal request should be sent to South-West Middlesex requesting connection fees and water rates. It was reported that Dutton-Dunwich has received a waterline petition for Aberdeen Line and we should investigate the possibility of hooking onto that waterline. Discussion also took place regarding the extension of existing waterline from West Lorne. Staff were directed to investigate this possibility with Tri-County Management Committee. Sept. 26/02…Pg 5 of 9 DELEGATION: FODOR DRAIN Pursuant to Section 59 of the Drainage Act, Council is holding a meeting with the ratepayers involved in the Fodor Drain to discuss the results of the tender for the construction of the drain. In attendance: Ruth and Harry Mooser, Ernie and Veronica Fodor. It was indicated that the drain was a requirement for creation of two lots, one being the Mooser property. There were no objections raised from those in attendance. The Clerk noted that the drain has been tendered twice, both times the tender results for construction were greater than the 133% allowed under the Drainage Act. RES. NO. 5 Moved by Balint Seconded by Warwick RESOLVED that the Council of the Municipality of West accepts the tender of Van Bree Drainage 7 Bulldozing Ltd. In the amount of $17,136.05 including GST for the Fodor Drain. DISPOSITION: Carried DELEGATION: WENDY COLLINS RE: USE OF WEST LORNE COMPLEX Mrs. Collins is acting as spokesperson for TOPS requesting the use of the West Lorne Complex for their regular Wednesday meetings. TOPS is a non-profit group. She indicated that they are willing to pay a fee for the use of the building, the location being ideal for their meetings. TOPS is not on the present list of users and therefore Council authorization is required to use the building. See correspondence item #1 SUBJECT: CORRESPONDENCE 1. * Shirley Slaats, TOPS – use of West Lorne Complex Council reviewed the correspondence from Mrs. Slaats as well as the information provided by Mrs. Collins. The Administrator advised that verbal requests have been received from St. Johns Ambulance and the Bank of Montreal, not being on the users list, for use of the complex as well. Council discussed the use of the kitchen, user fees for use of meeting room. RES. NO. 6 Moved by Balint Seconded by Warwick RESOLVED that Council agree that the following groups can use the West Lorne Complex a) St. John Ambulance, b) TOPS, and c) the Bank of Montreal pending policy review and that staff prepare a policy on user fees, user groups to be presented to Council for approval. DISPOSITION: Carried Sept. 26/02…Pg 6 of 9 2. * West Lorne Santa Claus Parade Committee 2002 – request for funding RES. NO. 7 Moved by Mooser Seconded by Balint RESOLVED that Council of the Municipality of West Elgin agrees to a donation to West Lorne Santa Claus Parade Committee 2002 in the amount of $1,000.00. DISPOSITION: Carried 3.* County Warden – copy of letter to Minister of Transportation re: provincial detours Instruction: File 4. Ministry of Finance – request for proposal for pilot tax-incentive zone program Instruction: File 5. Ministry of Environment – Drinking Water Information System Instruction: File 6. AMO – Counties, Regions and CMSMc Annual Conference, October 20-23, 2002, Sudbury Instruction: File 7. The Canadian Institute – National Summit on “Preventing A Municipal Water Crisis”, October 17 – 18, 2002, Toronto Instruction: File * Information enclosed RES. NO. 8 Moved by Balint Seconded by Warwick RESOLVED that the correspondence be dealt with as per the instructions of Council as noted. DISPOSITION: Carried SUBJECT: BY-LAW NO. 2002-23 – MAIN STREET DRAIN RES. NO. 9 Moved by Balint Seconded by Mooser RESOLVED that a by-law to provide for drainage works in the Municipality of West Elgin in the County of Elgin to be called and known as the Main Street Drain be now read a third time and finally passed, signed, sealed and numbered By-law Number 2002-23 – Main Street Drain DISPOSITION: Carried SUBJECT: BY-LAW 2002-29 – REZONING OF PT LOTS 20 & 21, CONC. XII – HOLLANADA FARMS RES. NO. 10 Moved by Mooser Seconded by Balint RESOLVED that the mover be granted leave to introduce a by-law to authorize the Township of Aldborough Zoning By-law 90-50, to change the zoning of lands in Part of Lots 20 and 21, Concession 12, from Agricultural (A1) Zone to a “site-specific” Agricultural (A1-37) Zone and to a Rural Residential Three (RR3) Zone, and that this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried Sept. 26/02…Pg 7 of 9 RES. NO. 11 Moved by Balint Seconded by Mooser RESOLVED that a by-law to authorize the Township of Aldborough Zoning By-law 90-50, to change the zoning of lands in Part of Lots 20 and 21, Concession 12, from Agricultural (A1) Zone to a “site-specific” Agricultural (A1-37) Zone and to a Rural Residential Three (RR3) Zone shall now be read a third time and finally passed, signed, sealed and numbered By-law Number 2002-29 – Zone Amendment – Hollanada Farms. DISPOSITION: Carried SUBJECT: BY-LAW 2002-30 – AMEND BY-LAW 2002-12, REMUNERATION FOR MUNICIPAL OFFICIALS AND EMPLOYEES RES. NO. 12 Moved by Warwick Seconded by Mooser RESOLVED that the mover be granted leave to introduce a By-Law to amend By-law 2002-12, a by-law to set rates of remuneration for municipal official and employees for the calendar year and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 13 Moved by Warwick Seconded by Balint RESOLVED that a Bylaw to amend By-law 2002-12, a by-law to set rates of remuneration for municipal official and employees for the calendar year be now read a third time and finally passed, signed, sealed and numbered. By-law Number 2002-30 – Remuneration for Municipal Officials and Employees. DISPOSITION: Carried SUBJECT: WATERLINE PETITION – QUEENS LINE EAST OF GRAHAM ROAD RES. NO. 14 Moved by Warwick Seconded by Mooser RESOLVED that the Council of the Municipality of West Elgin accepts the petition from the residents along Queens Line to extend a water line along Queens Line running east from Graham Road to its termination at Dunborough Line, and this request will be forwarded to the Utility Manager for a costing estimate and review. DISPOSITION: Carried SUBJECT: CN PROPERTY, CLARK STREET, RODNEY The Clerk reported that an appraisal report has been received for the proposed Rodney Park located on Clark Street, Rodney. This report has been forwarded to CN for their review and consideration. SUBJECT: REPORT OF LIVESTOCK VALUER RES. NO. 15 Moved by Balint Seconded by Warwick th RESOLVED Council accept the report of Livestock Valuer dated 6 September, 2002 and that compensation in the amount of $216.00 be paid to Vince Amlin. DISPOSITION: Carried Sept. 26/02…Pg 8 of 9 SUBJECT: LEAF COLLECTION RES. NO. 16 Moved by Warwick Seconded by Balint RESOLVED that Council approved the following rates for leaf collection by Jack Falkins: West Lorne $150.00 Rodney $135.00 per load DISPOSITION: Carried SUBJECT: MILLER PARK FENCE Council reviewed a report from the Recreation Superintendent regarding quotes for the installation of a chain link fence at Miller Park. RES. NO. 17 Moved by Balint Seconded by Warwick RESOLVED that the quote of Rukus Fence in the amount of $10,527.50 plus taxes for installation of a chain link fence that commences at the north east corner of the Thames Valley District School Board property in West Lorne (roll no. 060-08401) and ends at the corner post of the south west corner of Wood Street as per the Fence Viewers Award dated August 12, 2002 be accepted. DISPOSITION: Carried SUBJECT: SANTA CLAUS PARADE RES. NO. 18 Moved by Balint Seconded by Mooser RESOLVED that Council approves the dates for the Santa Claus parade as follows: th West Lorne Friday, November 29 th Rodney Saturday, November 30 DISPOSITION: Carried SUBJECT: CLOSED SESSION RES. NO. 19 Moved by Balint Seconded by Mooser RESOLVED that the Council of the Municipality of West Elgin adjourn to a closed session to discuss receiving of advice that is subject to solicitor- client privilege. DISPOSITION: Carried RES. NO. 20 Moved by Mooser Seconded by Warwick RESOLVED that the Council of the Municipality of West Elgin do now rise. DISPOSITION: Carried SUBJECT: RODNEY RECREATION CENTRE Councillor Balint informed Council that the West Elgin Recreation Committee has referred an item to Council for their review and consideration. She then read a letter from Kelly Coleman wishing to rent the Rodney Rec. Centre from 9:00 p.m. to 5:00 a.m. on Friday December 13, 2002. Sept. 26/02…Pg 9 of 9 RES. NO. 21 Moved by Balint Seconded by Mooser RESOLVED that Council denies the request by Kelly Coleman to rent the Rodney Rec Hall on Friday December 13, 2002 from 9 p.m. to 5 a.m. DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 22 Moved by Mooser Seconded by Warwick RESOLVED that this Special Session of Council adjourn at 5:15 p.m. to th meet again on October 10, 2002. DISPOSITION: Carried th These minutes were adopted on October 10, 2002. ____________________________ _______________________________ MAYOR CLERK