Loading...
April 24, 2003 Council M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS th APRIL 24, 2003 MEMBERS PRESENT: Mayor Duncan McPhail, Deputy Mayor Graham Warwick Councillors: Trudy Balint, Brad Bandeen, Michael Mooser STAFF PRESENT: Joanne Groch Administrator/Treasurer Norma Bryant Clerk ALSO PRESENT: Ted Halwa, Planning Consultant DELEGATION: DON McKILLOP RE: PROPOSED SEVERANCES LOT 17, CONCESSION XII Mr. McKillop attended Council to discuss the proposals for his 400 acre farm located on Lot 17, Concession XII. Mr. McKillop is proposing two severances. The first encompasses a parcel of land approximately 52 acres. Council enquired why the proposal includes a 3.5 acre parcel on the westerly side, creating a “jog” in the proposed property line. Mr. McKillop explained that there is a gulley along the north side of this piece which separates it from the rest and this area has always been worked with the lands to the east. There is still 150 acres workable which will be leased. The second severance is for the existing house for retirement purposes. Mr. McKillop has proposed a separation of 100 feet between this lot and the 52 acre proposed lot. Council suggested that the lot line separating these two should be the same. This would yield a 1.6 acre parcel with the house. Discussion took place regarding the zoning of this parcel. It would be preferable to use a residential zoning, perhaps RR3. The issue of zoning for the retained parcel was discussed and it was noted that a retained parcel of approximately 150 acres was not contemplated under Amendment No. 22. Council agreed that the retained parcel should remain under an A1 zone with no restrictions. The severed parcel of 52 acres would be zoned to restrict no residential dwellings. DELEGATION: MARCEL & ATTIE DEWIT RE: PROPOSED SEVERANCE LOT 7, CONCESSION II Mrs. Dewit reported to Council that they had requested a severance previously which was denied as the property is in an aggregate resource designation. The Planner noted that the issue is a general one. There is nothing in the Official Plan which allows creation of new lots outside of those specifically designated, being in Rodney and West Lorne. In agricultural areas, severances for surplus dwelling and retirement are permitted. April 24, 2003…Pg 2 of 9 The Mayor noted that the County Land Division Committee would probably not support this application. A policy change is necessary in the Official Plan. After discussion, it was suggested that the DeWit’s apply to Council for a change in the new Official Plan that would allow them to have a severance. DELEGATION: WILLIAM POL, CUMMING COCKBURN LTD. RE: MELODY CHURCH Also in attendance: Ron Payne Mr. Pol attended Council on behalf of Mr. and Mrs. Gordon. He has submitted a document that addresses the questions raised by Council as a result of an public information meeting held on May 23, 2002. The Planner noted that the proposed uses have changed as well as the proposed interim use of the storage building as a church. Further, there are still issues that have not been addressed sufficiently in the report. Mr. Pol reported that the storage building is proposed for use as the church until sufficient funds can be raised to build the new church. The new church is proposed to be 22,000 square feet. The Mayor noted that the storage building does not meet the Building Code requirements for a public building. Mr. Pol noted that the area is designated Rural Residential in the Official Plan and he felt that the municipality has already made the determination that this is not an agricultural area. With regard to natural heritage issues, the applicants have met with Ministry of Natural Resources (MNR) staff. It was determined that the area where the church is to be located is not in the wetlands. He felt that this support was sufficient to address the environmental impact question. The Planner noted that an area of 120 metres from the wetland could be affected and this has not been addressed, nor has the impact of the storage building being used for the church. Mr. Pol advised he would discuss with MNR. The Planner reported that the applicants were provided reference material from MNR that can be used to prepare the impact study. This study is necessary so that Council can demonstrate that regard has been given to provincial policy. MNR will review the document, if requested by Council. It is the responsibility of the applicants to provide this information to Council. The Planner also noted that the neighbours can discuss this proposal with MNR directly. Further, it was suggested that Mr. Pol should have discussions with the neighbours about their concerns. The Planner reported that there are a number of issues that still need to be addressed, as follows: ? Agricultural impact study – not addressed sufficiently in report, what is the effect on minimum distance separation if zoned institutional? ? Traffic issues – consult with County Engineer, what volumes are anticipated? ? Alternate sites – not addressed sufficiently, there are sites available in West Lorne that should be considered. As camp has been removed a smaller site in West Lorne may be feasible. Next step is for the additional information be submitted to Council, then Council will determine if a public meeting can be scheduled. It was further noted that no permission has been granted to use the storage building for church meetings. April 24, 2003…Pg 3 of 9 SUBJECT: PROPOSED SEVERANCE – HELEN OKOLISAN MAIN STREET Council reviewed a proposed severance application submitted by Mrs. Okolisan for property located on Main Street in the former Village of West Lorne. The proposal is to sever a 51 foot by 132 foot parcel from roll no. 036-001-17605 and a 15 foot by 132 foot parcel of roll no. 036-001-17601. This would yield a new parcel 66 feet by 132 feet fronting on Main Street. The subject lands are designated Residential in the Official Plan and zoned Future Residential. In regards to the retained lands, under roll no. 036-001-17605 a land locked parcel would remain. Under roll no. 036-001-17601, a frontage of approximately 77 feet on Main Street would remain. Council agreed to the proposal subject to the following conditions: 1. That the retained lands under roll no. 036-001-17605 be added to the parcel under roll no. 036-001-17601. 2. That the usual conditions regarding zoning, entrance, drainage, etc. would apply. SUBJECT: PROPOSED FITNESS CENTRE, PIONEER LINE, RODNEY Council were advised that an enquiry was received from Mr. John Slaats for property located on Pioneer Line. The proposal is for a fitness centre, which is not a permitted use as the property is designated industrial. Further, for the property to be serviced by municipal services, piping would have to be installed along the municipal road allowance to the subject property. If septic is desired, approval will be required from the Health Unit. SUBJECT: PROPOSED SEVERANCE – ANDREW & LAURA KIERASZEWICZ LOT D, CONCESSION VIII Council reviewed a proposed severance application to dispose of surplus dwelling. The request is for a 76 metre by 100 metre lot from a 149 acre parcel fronting on McMillan Line. Council has no objections to the proposal subject to the usual conditions. SUBJECT: PROPOSED SEVERANCE – MARKO MALETIN N. PT. LOT 15, CONCESSION XIII Council reviewed a proposed severance application for retirement purposes. The request is to sever a 420 foot by 240 foot lot from a 49 acre lot fronting on Talbot Line. There is an exiting dwelling on the proposed lot. It was noted that Mr. Maletin was granted a lot for retirement purposes in 1990 on Lot 14/15, Concession XIII and therefore this request is denied. SUBJECT: OFFICIAL PLAN REVIEW th It was reported that the special meeting scheduled for Monday April 28, 2003 at 7:00 p.m. is cancelled. SUBJECT: CORRESPONDENCE County Land Division Committee – Notice of Decision - John & Evelyn Gardiner 1.* Instruction: File April 24, 2003…Pg 4 of 9 2.* Hennessey, Bowsher, Gibson & Carrie – Agreement for Use of Municipal Right- of-Way (Jim Crane) Instruction: As Mr. Crane does not own the subject property to date, the agreement cannot be signed. RES. NO. 1 Moved by Bandeen Seconded by Balint RESOLVED that Council of the Municipality of West Elgin agrees to the wording of the proposed right-of-way agreement with James Crane for the lands located on Lot B, Concession 7. DISPOSITION: Carried 3.* Evergreen Cemetery Co. – request for financial assistance RES. NO. 2 Moved by Mooser Seconded by Warwick RESOLVED that Council of the Municipality of West Elgin authorize the payment of a grant in the amount of $1,000.00 to the Evergreen Cemetery Co. of West Lorne Ltd. DISPOSITION: Carried 4.* Tiny Tots Co-operative Nursery School – Trike-A-Thon RES. NO. 3 Moved by Bandeen Seconded by Warwick RESOLVED that Council of the Municipality of West Elgin supports the request from Tiny Tots Co-operative School to allow Furnival Road st between Victoria and Moriah Street to be closed on Saturday, May 31, 2003 from 8:00 a.m. and 1:30 p.m. for their annual Trike-a-thon. DISPOSITION: Carried 5.* West Elgin Downhill Derby Committee – permission to close roads RES. NO. 4 Moved by Balint Seconded by Mooser RESOLVED that the Council of the Municipality of West Elgin supports the request of the West Elgin Downhill Derby Committee to close Main Street between Ridge Street and Graham Road on Friday, August 29, 2003 at 6:00 p.m. through to Saturday, August 30, 2003 at 6:00 p.m. Rain date is Friday, September 8, 2003 at 6:00 p.m. through to Saturday, September 9, 2003 at 6:00 p.m. AND FURTHER BE IT RESOLVED that the Council of the Municipality of West Elgin supports the request of the West Elgin Downhill Derby Committee to close Furnival Road between Harper Street and Victoria Street on Sunday, June 8, 2003 at 6:00 a.m. through to 6:00 p.m. Rain date is Sunday, June 15, 2003 at 6:00 a.m. through to 6:00 p.m. DISPOSITION: Carried 6.* Rodney Aldborough Agricultural Society – Fall Fair RES. NO. 5 Moved by Warwick Seconded by Mooser RESOLVED that Council of the Municipality of West Elgin gives approval to the Rodney Aldborough Agricultural Society to hold a “Beer Garden” at the north end of the grandstand during the tractor pull event on Friday th September 12, 2003 from 7:00 p.m. to 12:00 a.m. DISPOSITION: Carried April 24, 2003…Pg 5 of 9 th 7. Crime Stoppers Jailathon – request for participation on May 14, 2003 Instruction: File. 8. West Lorne Lawn Bowler’s club – copy of submission to Ontario Trillium Foundation Instruction: File 9.* Steve Peters – copy of letter to Minister Witmer re school closing resolution Instruction: File 10.* Ministry of Transportation – Request for Proposals for Driver and Vehicle Licence Issuing Office Instruction: File * Information enclosed RES. NO. 6 Moved by Bandeen Seconded by Warwick RESOVLED that the correspondence be dealt with as per the instruction of Council as noted. DISPOSITION: Carried SUBJECT: WISMER DRAIN The Administrator/Treasurer reported that Spriet Associates will be paying for the maintenance costs, in the amount of $1583.74, for the Wismer Drain that was originally billed to Harry Ossel and assumed by the municipality. SUBJECT: WEST LORNE STANDPIPE TENDER – RECOATING AND CATHODIC PROTECTION The following tender quotes for recoating and cathodic protection for the West Lorne Standpipe were received by Council: QUOTE 100% LETTER- WELDING EPOXY (GST extra) SOLIDS ING FILLER US GAL Norwec Company $146,690 $17,500 $4,040 $95/hr $405 Dayson $159,362 $26,316 $6,549 $175/hr $1745 Blastco Corporation $220,429 $13,000 $3,300 $200/hr $150 RES. NO. 7 Moved by Mooser Seconded by Warwick RESOLVED that the tender of Norwec Company in the amount of $150,730.00 + GST for recoating and cathodic protection of the West Lorne Water Tower be accepted and that the Mayor and Clerk be authorized to sign the necessary documents . DISPOSITIONCarried : SUBJECT: WEST LORNE STANDPIPE TENDER – THIRD PARTY INSPECTION The following tender quotes for third party inspection for the West Lorne Standpipe were received by Council: ERS Inspection Services $ 10,760.00 plus taxes MISCO $ 8,350.00 plus taxes PW Makar Coatings Inspection Ltd. $ 20,540.50 plus taxes GL Stone Consulting Ltd. $ 15,925.00 plus taxes April 24, 2003…Pg of 9 6 RES. NO. 8 Moved by Balint Seconded by Mooser RESOLVED that the tender of MISCO in the amount of $8,350.00 + GST for third party inspection of the West Lorne Water Tower be accepted and that the Mayor and Clerk be authorized to sign the necessary documents. DISPOSITION: Carried SUBJECT: 2003 FIRE DEPARTMENT BUDGET Also in attendance: Fire Chief Andy Kieraszewicz and Fire Chief Allan Beer The Administrator/Treasurer presented the 2002 actuals and 2003 proposed budget for the Rodney Fire Department. The Fire Chief pointed out that the salaries were over the 2002 budget figure as the department attended 10 more calls than anticipated. The Fire Chief requested Council give consideration to increasing the life insurance policy and adding accidental coverage for the volunteers. Council agreed to review this request and directed that quotes be obtained and if authorized West Lorne volunteer firefighters would be included. The Administrator/Treasurer presented the 2002 actuals and 2003 proposed budget for the West Lorne Fire Department. The Fire Chief reported that after this year, all firefighters will be equipped with bunker gear. West Lorne department has 24 training sessions per year, whereas Rodney has 16. He noted that a contribution to the reserve for a new truck is included in the budget. The Mayor left the meeting to attend a meeting with the OPP Commissioner in St. Thomas. The Deputy Mayor assumed the position of Chair. SUBJECT: 2003 WATER DEPARTMENT BUDGET Also in attendance: Water Department Superintendent The Administrator/Treasurer presented the 2002 actuals and proposed 2003 budget for the Water Department. Council reviewed the proposed major capital projects and held preliminary discussion on how to finance these projects. The sewage budget should be discussed prior to determination of any rate changes. It was determined that further budget discussions would be held at a special meeting to st be held on May 1, 2003. At that time, sewer and administration budgets will be presented. DELEGATION: LORNE MCLEOD, COMMUNITY EMERGENCY MEASURES COORDINATOR Mr. McLeod reported that under the Emergency Management Act, there are three programs: essential, enhanced and comprehensive. We are required to meet essential criteria in the first year. We are required to form a program committee, publish an approved emergency response plan, develop an emergency operations centre, identify critical infrastructure, develop a response capability, conduct annual training and exercise, develop and implement a public awareness program. The municipal CEMCs have met with the County Coordinator. A committee will need to be formed. Ratepayers can bring information, concerns forward to Mr. McLeod. April 24, 2003…Pg of 9 7 DELEGATION: GARY MERRITT RE: ENCROAHMENT AGREEMENT 178 MAPLE STREET Further to attendance at Council at its last meeting, a revised agreement was presented by staff to Mr. Merritt. Mr. Merritt is requesting Council delete a clause from the proposed agreement that relates to the continuation of the encroachment if needed for road purposes. It was reported by Mr. Merritt’s clients that a mortgage could not be obtained with the clause in the agreement. However, upon being questioned by Councillor Bandeen it was noted that this has not been researched. It was also noted that there is no clause regarding insurance and that this encroachment is an obstacle on our road and the municipality would be liable and sued if damage/injury occurs. The Administrator/Treasurer reported that this same agreement was used in 1990 and that a mortgage was obtained in that case. The clause in question has been reviewed with the municipal solicitor who advised that there needs to be some protection for the municipality in the future. Discussion arose that the encroachment in question is 5 inches for the house and one foot 9 inches for the garage. As it appears unlikely that this land would be needed for road or other purposes, and as the encroachment is so small, the clause be removed in this case. RES. NO. 9 Moved by Bandeen Seconded by Balint RESOLVED that clause (a) be removed from the “Encroachment Agreement with Vytas Jakubaitus” as follows: “Such time as the municipality may desire to use that portion of the road allowance encroached upon or any part thereof for road purposes.” SUBJECT: BY-LAW NO. 2003-24 – ENCROACHMENT AGREEMENT – ESTATE OF JAKUBAITUS, 178 MAPLE STREET RES. NO. 10 Moved by Bandeen Seconded by Balint RESOLVED that the mover be granted leave to introduce a by-law to authorize the execution of an Encroachment Agreement between the Corporation of the Municipality of West Elgin and the Estate of Vytas Jakubaitis regarding an encroachment for the property located at 178 Maple Street and that this by-law shall be the first and second reading and provisional adoption thereof DISPOSITION: Carried RES. NO. 11 Moved by Mooser Seconded by Bandeen RESOLVED that a By-law to authorize the execution of Encroachment Agreement between the Corporation of the Municipality of West Elgin and the Estate of Vytas Jakubaitis regarding an encroachment for the property located at 178 Maple Street be now read a third time and finally passed, signed, sealed and numbered. By-law Number 2003-24– Encroachment Agreement – 178 Maple Street DISPOSITION: Carried April 24, 2003…Pg of 9 8 SUBJECT: BY-LAW 2003-26 – AMEND BY-LAW 2002-12, REMUNERATION OF MUNICIPAL OFFICIALS AND EMPLOYEES RES. NO. 12 Moved by Bandeen Seconded by Balint RESOLVED that the mover be granted leave to introduce a By-Law to amend By-law 2002-12 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 13 Moved by Mooser Seconded by Bandeen RESOLVED that a By-law to appoint amend By-law 2002-12 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-26 – Amend By-law 2002-12, Remuneration of Municipal Officials and Employees. DISPOSITION: Carried SUBJECT: BY-LAW 2003-27 – FINNEY STREET DRAIN RES. NO. 14 Moved by Mooser Seconded by Balint RESOLVED that the mover be granted leave to introduce a bylaw to authorize the construction of the Finney Street Drain, at Concession 8 Part of Lots 18 and that this shall constitute the first and second reading and provisional adoption thereof. DISPOSITION: Carried SUBJECT: FLUORIDATION The Administrator/Treasurer reported that by-laws were passed by Rodney, West Lorne and Dutton to fluoridate. Letters have been received from the Health Units from St. Thomas-Elgin and Middlesex against the discontinuation of fluoridation. No record of a vote by the electors being taken could be found in the minutes. If the municipality wishes to discontinue fluoridation of our water, Council must pass a by-law. Dutton/Dunwich will need to pass a by-law as well. RES. NO. 15 Moved by Mooser Seconded by Balint RESOLVED that use of fluoride be discontinued at the water treatment plan and that the Clerk be directed to prepare the necessary by-law. DISPOSITION: Carried SUBJECT: CONFIRMATION BY-LAW RES. NO. 16 Moved by Bandeen Seconded by Balint RESOLVED that the mover be granted leave to introduce a By-Law to th confirm the proceedings of the meeting of Council held on April 24, 2003 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried April 24, 2003…Pg 9 of 9 RES. NO. 17 Moved by Balint Seconded by Bandeen RESOLVED that a Bylaw to confirm the proceedings of the meeting of th Council held on April 24, 2003 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-28 – Confirming By-law April 24 2003. DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 18 Moved by Mooser Seconded by Balint RESOLVED that this Regular Meeting of Council shall adjourn at 4:30 p.m. th to meet again on May 8, 2003. DISPOSITION: Carried th These minutes were adopted on May 8, 2003. ___________________________ _______________________________ MAYOR CLERK