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March 27, 2003 Council M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS th MARCH 27, 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: Lion Scharzer, Personnel Management Associates Ted Halwa, Planning Consultant SUBJECT: CLOSED SESSION RES. NO. 1 Moved by Bandeen Seconded by Warwick RESOLVED that Council of the Municipality of West Elgin adjourn to a closed session to discuss labour relations or employee negotiations DISPOSITION: Carried RES. NO. 2 Moved by Balint Seconded by Bandeen RESOLVED that Council of the Municipality of West Elgin do now rise and report. DISPOSITION: Carried SUBJECT: PAY EQUITY PLAN RES. NO. 3 Moved by Bandeen Seconded by Balint RESOLVED that Council adopt the Pay Equity Plan as presented in the report of Personnel Management Associates dated March 2003. DISPOSITION: Carried DELEGATION: AUDREY MILLER, RE: RODNEY POOL Mrs. Miller attended Council to request a seniors aquafit program be scheduled at an earlier time of the day. Last year it was scheduled at 8:00 p.m. and she is requesting an additional time slot. Council advised that this request would be forwarded to staff. Mrs. Miller also enquired about water testing at our beaches in Lake Erie. The Mayor advised that the Health Unit, if testing results require, would post No Swimming signs at the beaches. March 27, 2003…Pg 2 of 6 Mrs. Miller requested Council give thought to providing a formal walking path in the Port Glasgow area. She suggested a path is needed from Port Glasgow Trailer Park to the marina. SUBJECT: BY-LAW NO. 2003-19 – AMEND BY-LAW 95-56, STOP SIGNS RES. NO.4 Moved by Balint Seconded by Warwick RESOLVED that the mover be granted leave to introduce a By-Law to amend By-law 95-56 providing for the erection of stop signs at intersections and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 5 Moved by Warwick Seconded by Balint RESOLVED that a By-law to amend By-law 95-56 providing for the erection of stop signs at intersections be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-19 – Amend By-law 95-56, stop signs. DISPOSITION: Carried SUBJECT: BY-LAW NO. 2003-21 – AGREEMENT – LAKE ERIE AND DETROIT RIVER RAILWAY COMPANY RES. NO. 6 Moved by Warwick Seconded by Bandeen RESOLVED that the mover be granted leave to introduce a By-Law to authorize the execution of an agreement with the Lake Erie and Detroit River Railway Company and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 7 Moved by Balint Seconded by Warwick RESOLVED that a By-law to authorize the execution of an agreement with the Lake Erie and Detroit River Railway Company be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-21 – Agreement with Lake Erie and Detroit River Railway Company DISPOSITION: Carried DELEGATION: HILDE MORDEN, MARGARET MCDOUGALL RE: PITCH IN ONTARIO Mrs. Morden and McDougall attended Council to report that their committee had won a t-shirt from Pitch In Ontario in recognition of applying early for the program. The Women’s Institute agreed that the t-shirt be presented to the Mayor. The Mayor thanked the ladies for the t-shirt and noted that because of their involvement and enthusiasm this project has taken off. March 27, 2003…Pg 3 of 6 SUBJECT: APPOINTMENT OF AN ALTERNATIVE COMMUNITY EMERGENCY MANAGEMENT COORDINATOR RES. NO. 8 Moved by Bandeen Seconded by Balint RESOLVED that Council appoint Joanne Groch as alternate CEMC (Community Emergency Management Coordinator). DISPOSITION: Carried SUBJECT: COST SHARING FOR COMMUNITY EMERGENCY MANAGEMENT COORDINATOR (CEMC) The Administrator/ Treasurer reported that she had met with the Administrators from Dutton/Dunwich and Southwold to discuss the additional costs for the CEMC position. It has been estimated that this program will cost $7500 for such expenses as additional time for a part-time building inspector, mileage. SUBJECT: DRAINAGE MAINTENANCE The Administrator/ Treasurer reported that the contractor that does drain maintenance for the municipality is ill and will not be able to fulfill his contract this year. Council directed that two estimates be obtained for drain maintenance in the short term. SUBJECT: ARENA FINANCIAL SYSTEM Council reviewed a report from the Administrator/Treasurer regarding the arena financial system including payroll, revenue and expenditure transactions. RES. NO. 9 Moved by Balint Seconded by Bandeen RESOLVED that the Municipality of West Elgin incorporate the revenue and expenditure transactions for the Arena Board into the municipality’s treasury system. AND FURTHER BE IT RESOLVED that any interest costs as a result of arena operations is covered by the Municipality of West Elgin exclusively. AND FURTHER BE IT RESOLVED that the agreement between the Municipality of West Elgin and Municipality of Dutton/Dunwich be revised accordingly. DISPOSITION: Carried The Planner joined the meeting. Council adjourned to sit as Committee of Adjustment and resumed their meeting thereafter. SUBJECT: OFFICIAL PLAN REVIEW Council discussed with the Planning Consultant the scheduling of the next special committee meeting to continue discussion on the Official Plan review. A meeting was th scheduled for April 28 at 7:00 p.m. Council adjourned to sit as Committee of Adjustment and resumed their meeting thereafter. March 27, 2003…Pg 4 of 6 SUBJECT: PROPOSED SEVERANCE APPLICATION – McKILLOP LOTS 16 & 17, CONCESSION XII Council reviewed a revised proposed severance application submitted by Mr. McKillop. As Council has questions regarding this proposal, the Clerk was requested to schedule th Mr. McKillop as a delegation for the April 24 meeting. DELEGATION: DON AND LYDIA HAWKEN RE: PAINT BALL PROPOSAL, 11943 GRAHAM ROAD Mr. Hawken reported to Council that he and his wife wish to start a paint ball business on their property. He noted that this business has a strong history of safety; it is against violence and uses markers not guns. Further, no construction is required on their property and there is adequate parking area. He has discussed his proposal with his neighbours and they have been supportative. Council reviewed a report prepared by the Planner. The Planner noted this proposal could be considered as passive recreation, which may be permitted in areas designated as Restrictive Agriculture in the Official Plan. A rezoning would be required. It appears that sufficient distance is maintained from the wetland area and would not be a concern. It was suggested that a temporary use by-law be considered allowing the municipality the opportunity of monitoring the use and accessing any adverse impact prior to considering permanent zoning.A permanent change in zoning could be included in the new zoning by-law to be enacted after the new Official Plan is approved. SUBJECT: PROPOSED SEVERANCE APPLICATION – KREBS LOT 24, CONCESSION IV EASTERN DIVISION Council reviewed a proposal to split a 150-acre parcel into one 100-acre parcel and one- 50 acre parcel. The will of Mr. Josef Krebs Senior specified 66% of the land be left to Josef Krebs Junior and 33% to John Krebs. Council reviewed a report from the Planner. It was suggested that a restriction be placed on the lands to be conveyed allowing one residential dwelling and that no additional residential dwellings be permitted on the retained parcel. Council agreed in principle to the proposal subject to the restrictions as discussed above and usual conditions. SUBJECT: FINNEY STREET EXTENSION Council enquired if the lands north of the former village of West Lorne can be serviced, as this will affect future land use. The Planner reported that Spriet Associates is investigating this issue. SUBJECT: CORRESPONDENCE County Land Division Committee – Application for severance: John & Evelyn 1.* Gardiner RES. NO. 10 Moved by Balint Seconded by Warwick RESOLVED that the Council of the Municipality of West Elgin have the following comments regarding Severance Application E16/03 as applied for by J. & E. Gardiner. Council approves of the severance subject to the following conditions: Subject to rezoning March 27, 2003…Pg 5 of 6 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 no further residential development on the retained agricultural portion. Subject to water and/or sewer connection fees if applicable Subject to the provision of an easement from the severed parcel to the existing well and, if necessary, an agreement to make use of the well by the owners of the severed lot. DISPOSITION: Carried 2.* John & Evelyn Gardiner – conditions for severance Instruction: Council noted that a rezoning could be applied for in the future to permit residential development on the retained parcel. The Planner left the meeting. 3.* Andrea Carter – copy of correspondence to Steve Peters, MPP Instruction: File 4.* Tri County Water Management Committee – invitation to attend an information meeting, April 16th, 7:30 p.m. Instruction: File *Information enclosed RES. NO. 11 Moved by Bandeen Seconded by Balint RESOVLED that the correspondence be dealt with as per the instruction of Council as noted. DISPOSITION: Carried SUBJECT: 2003 ASSESSMENT/TAX RATIOS Council reviewed a report from the Treasurer/Administrator reviewing the 2003 assessment and tax ratios. SUBJECT: WEST ELGIN COMMUNITY HEALTH CENTRE The Clerk reported that Hydro One is investigating the relocation of the hydro line. A reference plan showing the location of Monroe Street, amongst other things, has been prepared to facilitate this relocation. A storage shed and fence on private property needs to be moved SUBJECT: PETITION RE: INTERSECTION OF DOWNIE LINE AND FURNIVAL ROAD Councillor Bandeen presented Council with a petition regarding the intersection of Downie Line and Furnival Road. The Clerk was directed to request Council take a look at this intersection on their road tour and the County Engineer investigate parking restrictions. March 27, 2003…Pg 6 of 6 SUBJECT: CLOSED SESSION RES. NO. 12 Moved by Bandeen Seconded by Balint RESOLVED that Council of the Municipality of West Elgin adjourn to a closed session to discuss personal matters about an identifiable individual and litigation or potential litigation. DISPOSITION: Carried RES. NO. 13 Moved by Warwick Seconded by Balint RESOLVED that Council of the Municipality of West Elgin do now rise and report. DISPOSITION: Carried SUBJECT: EMPLOYEES RES. NO. 14Moved by Bandeen Seconded by Balint RESOLVED that Council of the Corporation of the Municipality of West Elgin agrees that the probationary period has been completed to the satisfaction of the municipality and that full-time status be granted for the following employees: EMPLOYEE EFFECTIVE DATE Blair Schweitzer March 16, 2003 DISPOSITION: Carried SUBJECT: CONFIRMATION BY-LAW RES. NO. 15 Moved by Warwick 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 March 27, 2003 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 16 Moved by Bandeen Seconded by Warwick RESOLVED that a Bylaw to confirm the proceedings of the meeting of th Council held on March 27, 2003 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-22 – Confirming By-law March 27 2003. DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 17 Moved by Balint Seconded by Bandeen RESOLVED that this Regular Meeting of Council shall adjourn at 5:00 p.m. th to meet again on April 10, 2003. DISPOSITION: Carried th These minutes were adopted on April 10, 2003. ___________________________ _______________________________ MAYOR CLERK