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January 23, 2003 Council M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS rd JANUARY 23, 2003 MEMBERS PRESENT: Mayor Duncan McPhail, Deputy Mayor Graham Warwick Councillors: Trudy Balint, Brad Bandeen STAFF PRESENT: Joanne Groch Administrator/Treasurer Norma Bryant Clerk ALSO PRESENT: Ted Halwa, Planning Consultant DELEGATION: ED KALITA GRAHAM ROAD, SOUTH OF EAGLE Mr. Kalita referred to his correspondence regarding development of lands on Lot 19, Concession 13 and concern regarding the effect of development on the municipal drain. He has since met with the Drainage Superintendent on site. Reference was made to correspondence from the Drainage Superintendent in which it was recommended that a lot grading plan be provided for the proposed lots and a petition for a municipal drain branch. Mr. Kalita wishes to establish what Council’s criteria are for development in this area. The Mayor noted that no specific proposal has been received requesting the extension of the hamlet designation around Eagle. The province would probably raise concerns about groundwater protection, development proceeding on septic systems, and that development should proceed where full services are available. th Mr. Halwa noted that during discussions of new Official Plan, the area in 14 concession th and south half of 13 concession is being considered for “lakeshore recreation” designation. However, Council nor the province has adopted this proposal. It was noted that perhaps rural residential designation could be extended south of Eagle to lake in the new Official Plan. Mr. Kalita requested a copy of the draft Official plan, when prepared, so that he could review the wording. SUBJECT: APPOINTMENT TO COMMITTEE OF ADJUSTMENT RES. NO. 1 Moved by Bandeen Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin hereby appoints Mayor Duncan McPhail, Deputy Mayor Graham Warwick, January 23, 2003…Pg 2 of 6 Councillor Trudy Balint, Councillor Brad Bandeen and Councillor Mike Mooser to the Committee of Adjustment for 2003. DISPOSITION: Carried Council moved to sit as Committee of Adjustment and resumed their meeting of council thereafter. DELEGATION: JOHN GARDINER PROPOSED SEVERANCE, LOT 7, CONCESSION III WD RES. NO. 2 Moved by Bandeen Seconded by Balint That John Gardiner be allowed to speak to Council DISPOSITION: Carried Mr. Gardiner wishes to speak to Council about a proposed severance on his lands located on Lot 7, Concession 3 Western Division. He wishes to sever a parcel of land including the dwelling and barns. The concern is that the well that serves the dwelling is a far distance from the house and if included in the severance the resulting size would be too large. It was suggested that an easement could be provided as access to the well. Mr. Halwa noted that this might require two severance applications and Mr. Gardiner should review this matter with the Land Division Committee secretary. The size of the proposed severance is still too large and discussion took place regarding the inclusion of all the farm buildings. It was determined that if the drive shed (32 X 48 building) was the only building included this would result in a total acreage of 0.8 ha. which is within the limits of the zoning by-law. Mr. Gardiner was advised to discuss the matter with LDC and bring back a revised plan for Council to review. DELEGATION: DON McKILLOP PROPOSED SEVERANCE, LOT 17, CONCESSION XII Mr. McKillop appeared before Council to review a proposed severance on his property located on Lot 17, Concession 12. Mr. McKillop owns approximately 400 acres and is suggesting a severance of approximately 50 acres, fronting on Talbot Line. It was noted that a severance of this size would not be considered under the retirement provisions of the Official Plan. Mr. McKillop reported that there are four areas that are suitable for agricultural purposes and are separated by gulleys; some of the land is wooded. He further noted that his daughter wishes to retain the wooded and gulley areas for stewardship and woodlot management. Reference was made to Council policy regarding no further residential development on retained parcels. However, if separate 100 acre parcels, 4 residences would be allowed. Mr. Halwa suggested that a different design that keeps the workable areas together, perhaps sever the house and 1 ha. and divide the balance into 100-acre parcels. Mr. McKillop will review these suggestions and submit a revised plan to Council. January 23, 2003…Pg 3 of 6 DELEGATION: HARRY MEZENBERG PROPOSED NEW OFFICIAL PLAN Mr. Mezenberg attended Council to discuss the new Official Plan. He is requesting that his lands fronting on Queens line, west of Rodney be designated for rural residential purposes. It was noted that services could be extended from Rodney and this should be investigated before a decision is made. Mr. Mezenberg also suggested that the buffer area around the village for restricted agriculture be extended. Mr. Halwa reported that under the zoning provision within 450 metres no livestock operations are permitted and for another 600 metres limited livestock is permitted. It was noted that agreement on these restrictions was reached with the farmers. SUBJECT: PROPOSED SEVERANCE APPLICATION – ERNIE McFADDEN LOT 7, CONCESSION VII Council reviewed a proposed severance on the lands owned by Ernie McFadden on Furnival Road, north of Rodney. It is proposed to sever lands where the barn is located and be added to the adjacent properly owned by his son, Rick. Mr. Rick McFadden is proposing to use the barn for an auto repair shop. Mr. Halwa reported that the proposal does not conform to the rural residential designation in the Official Plan and is zoned Rural Residential Two. The Mayor reported that Mr. Ernie McFadden has been operating a trucking business from the barn since the 1950‘s, first with his brother and then on his own. If this is the case, the Committee of Adjustment can change one non-conforming use to another. Mr. Halwa suggested that a minor variance application be submitted first. Conditions to consider are: approval restricted to Rick McFadden only, no outside storage and screening. With regard to the severance application, Mr. Halwa noted that this would create an odd shaped parcel and a better alternative may be for Rick to lease the barn from his father. As long as the lease is 20 years or less, no planning approval is required. SUBJECT: ELGIN BUS LINES Mr. Halwa reported that drafts of the site plan agreement and servicing agreement have been forwarded to Mr. Badder and Spriet Associates. Spriet has requested minor revisions, which will be included and forwarded to Mr. Badder. The Clerk has reported that Mr. Badder concurs with the draft agreements. We are awaiting information, such as certificate of approvals and costing estimates, before the agreements can be finalized. The municipality’s exposure is of a financial nature regarding the oversizing of the watermain. SUBJECT: DIGITAL AERIAL PHOTOGRAPHY PROJECT It was reported that the “Request for Proposal” process was handled through Lambton County and reviewed by a Technical Committee of which Chris Duran of the St. Clair Region Conservation Authority was a member. The Technical Committee reviewed five proposals and the contract was awarded at a total cost of $71,250 after taking into account the grant, West Elgin’s cost would be $22,580. January 23, 2003…Pg 4 of 6 RES. NO. 3 Moved by Bandeen Seconded by Warwick RESOLVED that Council approves proceeding with digital photography as proposed by Lower Thames Valley Conservation Authority in their letter dated November 15, 2002. DISPOSTION: Carried SUBJECT: CORRESPONDENCE 1.* Spriet Associates re: Kalita Severance Proposal Instruction: File 2.* Four Counties Transportation Services re: replacement of vehicle RES. NO. 4 Moved by Bandeen Seconded by Balint RESOLVED that the West Elgin Council approves of the purchase of a transit van in principle. DISPOSITION: Carried th 3.* Elgin St. Thomas Archives Association re: General Meeting on January 30, 2003 at 7:00 p.m., St. Thomas Public Library Instruction: File 4.* Lower Thames Conservation Authority re: Tridon Construction severance applications Instruction: File RES. NO. 5 Moved by Bandeen Seconded by Balint RESOVLED that the correspondence be dealt with as per the instruction of Council as noted. DISPOSITION: Carried SUBJECT: ACCOUNTS VOUCHER RES. NO. 6 Moved by Bandeen Seconded by Balint RESOLVED that the Mayor and Administrator/Treasurer be and they are hereby authorized to sign Payment Voucher #1a, amounting to $9,400.68, in settlement of General Accounts. (Arena Voucher of $9,400.68, cheques #1499 - 1525). DISPOSITION: Carried SUBJECT: BY-LAW NO. 2003-03 – AGREEMENT WITH TONY SANTOS CONSTRUCTION LTD., CATHERINE STREET PHASE II RES. NO. 7 Moved by Warwick Seconded by Balint RESOLVED that the mover be granted leave to introduce a by-law to authorize the execution of an Agreement between the Corporation of the Municipality of West Elgin and Tony Santos Construction and that this by- law shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried January 23, 2003…Pg 5 of 6 RES. NO. 8 Moved by Balint Seconded by Bandeen RESOLVED that a By-law to authorize the execution of an agreement between the Corporation of the Municipality of West Elgin and Tony Santos Construction Ltd. and this by-law shall hereby be read a third time and finally passed, signed, sealed and numbered. By-law Number 2003- 03– Agreement with Tony Santos Construction – Catherine Street Phase II DISPOSITION: Carried SUBJECT: BY-LAW 2003-04 – ZONE AMENDMENT – TONY SANTOS CONSTRUCTION RES. NO. 9 Moved by Warwick Seconded by Bandeen RESOLVED that the mover be granted leave to introduce a By-law to amend Township of Aldborough Zoning Bylaw No. 90-50, to remove the holding “H” symbol as it applies to certain lands situated on an extension of Catherine Street south of Pioneer line, and that this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 10 Moved by Bandeen Seconded by Balint RESOLVED that a bylaw to amend The Township of Aldborough Zoning By-law No. 90-50 to remove the holding “H” symbol as it applies to certain lands situated on an extension of Catherine Street south of Pioneer Line and this by-law shall now be read a third time and finally passed, signed, sealed and numbered By-law Number 2003-04 – Zone Amendment – Tony Santos Construction Catherine Street Phase II. DISPOSITION: Carried DELEGATION: PHIL GRANT WATER DEPARTMENT POLICIES Mr. Grant appeared before Council to discuss the water department collection policies. He questioned why arrears were allowed to go 2 to 3 months, and then expect the owners to pay for tenant’s arrears. It was explained that the policy has been changed that the tenant received a notice 5 days after due date when their account reaches an arrears of $100.00, the owners are notified as well. Mr. Grant requested a refund of $174 as he did not receive notice that the tenant was in arrears. It was noted that legislation, old and new, allows the owners to be charged for arrears. We have in the past added these amounts to their tax bills. The Mayor noted that if we agreed to refund for Mr. Grant, all the others would be eligible for a refund as well. SUBJECT: REPORT ON EMERGENCY PLANS ACT The Administrator/Treasurer presented a report outlining the requirements of the Emergency Plans Act and staffing needs. The Mayor noted that the County might be able to assist in these needs, which will be discussed at the next County Council th meeting on January 28. It was decided to discuss this further when it is determined if the County can assist in any way. SUBJECT: WEST LORNE LAWN BOWLING CLUB The Administrator/Treasurer reported that the West Lorne Lawn Bowling Club is applying for a Trillium grant and are requesting a five-year lease. Council agreed that a lease agreement be prepared and forwarded to the appropriate people. January 23, 2003…Pg 6 of 6 SUBJECT: CONFIRMATION BY-LAW RES. NO. 28 Moved by Bandeen Seconded by Warwick RESOLVED that the mover be granted leave to introduce a By-Law to rd confirm the proceedings of the meeting of Council held on January 23, 2003 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 29 Moved by Warwick Seconded by Bandeen RESOLVED that a Bylaw to confirm the proceedings of the meeting of rd Council held on January 23, 2003 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-05 – Confirming By-law January 23 2003. DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 47 Moved by Balint Seconded by Bandeen RESOLVED that this Regular Meeting of Council shall adjourn at 3:30 p.m. th to meet again on February 13, 2003. DISPOSITION: Carried th These minutes were adopted on February 13, 2003. ____________________________ _______________________________ MAYOR CLERK