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February 27, 2003 Council M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS th FEBRUARY 27, 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 SUBJECT: PROPOSED SEVERANCE APPLICATION – GARDINER PART OF LOT 7, CONCESSION III Council reviewed a proposed severance on the lands owned by John and Evelyn Gardiner located on north side of McLean Road, west of Furnival Road. The existing parcel of land is 150 acres. The owners wish to sever the existing farmhouse and drive shed for retirement purposes. The owners are also proposing the establishment of an easement across the retained parcel to provide access to the well that supplies the dwelling. Under required setbacks, the well would be protected from farm practices. Council has no objections to the proposal subject to the usual conditions and rezoning of the severed parcel to restricted agriculture (A2) and no residential dwellings would be permitted on retained portion. SUBJECT: PROPOSED SEVERANCE APPLICATION – MANNEKE PART OF LOT 6, CONCESSION XI Council reviewed a proposed severance on lands owned by Marlene and Gerry Manneke located on the west side of Furnival Road, south of Thomson Line. The purpose of the application is to sever an existing residential dwelling from the 99.2-acre parcel deemed as surplus farm dwelling. In the report presented to Council, the Planner noted the proposed lot is 4,036.4 sq. m. and should be reduced to 4,000 sq. m. to maintain compliance with maximum lot area standard of 4,000 sq. m. It was noted that the building permit was issued in July 1989. The Planner reported that the Official Plan provides flexibility in matters of interpretation as long as the principles of the plan are maintained. Council agreed that using the flexibility allowed, they had no objections to the proposal subject to the usual conditions. February 27, 2003…Pg 2 of 4 DELEGATION: ROB LINDSAY, COUNTY TREE COMMISSIONER Mr. Lindsay appeared before Council to bring Council up-to-date on proposed changes to the Elgin Tree By-law as a result of changes to the Municipal Act. He reported that under the new Municipal Act lower tier municipalities can protect single trees or woodlands up to one hectare in size and upper tier can regulate areas greater than one hectare. Under the existing by-law, West Elgin has delegated its authority to the County for areas of 0.2 hectares and greater in size. It was noted that the existing size restriction and County delegation is working well. SUBJECT: PROPOSED SEVERANCE APPLICATION – McKILLOP LOTS 16 & 17, CONCESSION XII The Planner reported he had met with Don McKillop to further discuss the proposed severances on his 400 acres. He presented a sketch for Council review. The sketch proposed three severed areas; one comprising the woodland and ravine areas, the second the farmed portion and the third a one acre parcel comprising the existing farmhouse. Council agreed with the concept presented, the Planner will discuss further with Mr. McKillop. It was noted that residential dwelling units would be permitted on the two severed portions, as their size will each equal approximately 200 acres. SUBJECT: CORRESPONDENCE County of Elgin – Elgin County Tree By-law 1.* RES. NO. 1 Moved by Bandeen Seconded by Warwick RESOVLED that Council delegate authority to administer tree cutting in areas greater than 0.2 ha. in size to the County of Elgin. DISPOSITION: Carried 2. Ministry of Agriculture – appointment of Weed Inspector RES. NO. 2 Moved by Balint Seconded by Mooser RESOLVED that Council of the Corporation of the Municipality of West Elgin approves the appointment of Rob Lindsay as the Weed Inspector for the Municipality of West Elgin, in the County of Elgin, under Sections 6(1) and 7(1) of the Weed Control Act. DISPOSITION: Carried 3.* Steve Gibson – right-of-way agreement with Jim Crane Instruction: The Clerk was directed to have the agreement revised to delete the requirement for contribution to maintenance of the right-of-way until the use by Mr. Crane changes and that the municipality will not maintain the right-of-way after the landfill site is closed. County of Elgin – request for support of resolution regarding an Administrative 4.* Monetary Penalties Implementation Policy by the Ministry of Environment. February 27, 2003…Pg 3 of 4 RES. NO. 3 Moved by Bandeen Seconded by Balint RESOLVED that Council of the Municipality of West Elgin is in support of a resolution put forth by the County of Renfrew and supported by the County of Elgin that opposes the adoption of the Administrative Monetary Penalties Policy by any Ministry of the Government of Ontario. DISPOSITION: Carried 5.* University of Calgary – request permission to add “The Pioneer Days in Aldborough” to “Our Roots website” RES. NO. 4 Moved by Warwick Seconded by Mooser RESOLVED that Council of the Corporation of the Municipality of West Elgin authorize the Clerk to sign a donated copyright clearance form for the book entitled “The Pioneer Days in Aldborough” for the University of Calgary digital library. DISPOSITION: Carried 6.* Steve Peters MPP – copy of correspondence to Minister of Education regarding restructuring of the Thames Valley District School Board Instruction: File 7.* Burnside – invitation to Client Night, Thursday March 20 2003. Instruction: File 8.* West Elgin Skating Club – Financial Statements as of April 30, 2002 RES. NO. 5 Moved by Balint Seconded by Mooser RESOVLED that Council grant to the West Elgin Skating Club $1,000.00 in support of the 2003 carnival. DISPOSITION: Carried *Information enclosed RES. NO. 6 Moved by Bandeen Seconded by Balint RESOVLED that the correspondence be dealt with as per the instruction of Council as noted. DISPOSITION: Carried SUBJECT: MARTIAL ARTS PROGRAM The Clerk reported that the new rate structure for the program should become effective st January 1, 2003. RES. NO. 7 Moved by Bandeen Seconded by Balint RESOLVED that Council approves the rate of $12.50 per hour for the martial arts group to rent the Rodney Recreation Centre commencing in January 2003. And further that resolution #6 passed on February 13, 2003 is hereby repealed. DISPOSITION: Carried February 27, 2003…Pg 4 of 4 SUBJECT: CONFIRMATION BY-LAW RES. NO. 8 Moved by Bandeen Seconded by Warwick RESOLVED that the mover be granted leave to introduce a By-Law to th confirm the proceedings of the meeting of Council held on February 27, 2003 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 9 Moved by Warwick Seconded by Mooser RESOLVED that a Bylaw to confirm the proceedings of the meeting of th Council held on February 27, 2003 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-15 – Confirming By-law February 27 2003. DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 10 Moved by Mooser Seconded by Balint RESOLVED that this Regular Meeting of Council shall adjourn at 12:05 th p.m. to meet again on March 13, 2003. DISPOSITION: Carried th These minutes were adopted on March 13, 2003. ____________________________ _______________________________ MAYOR CLERK