November 27, 2003 Council
M I N U T E S
OF THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGIN
WEST ELGIN COUNCIL CHAMBERS
NOVEMBER 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
Rick Jackson Road Superintendent
Paul VanVaerenbergh Roads Foreman
Lloyd Jarvis Water Superintendent
ALSO PRESENT:
Dan Smith Planning Consultant
DELEGATION: JANET PINDER, WEST ELGIN COMMUNITY PARENT
CHILD RESOURCE CENTRE
Mrs. Pinder attended Council to express her thanks to Council for the support of centre
and believing in the programs they offered. She presented Council and the
Administrator/Treasurer and Clerk with a poinsettia in appreciation. She also reported
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that the official opening for the licensing office is scheduled for December 4 at 11:30
a.m.
SUBJECT: PUBLIC MEETING
Council adjourned to hold Public Meeting for the Gardiner rezoning application and
resumed their Regular Session thereafter.
SUBJECT: PRESENTATION BY MAYOR TO MUNICIPALITY
Mayor McPhail presented the municipality with a print of the original County Courthouse
by Jenny Phillips. The Administrator/Treasurer, on behalf of the municipality, thanked
the Mayor for his generous gift and said she would proudly hang it in her office as he
wished.
SUBJECT: TRIDON CONSTRUCTION AGREEMENT
SEVERANCE APPLICATIONS, PART LOT 14, CONCESSION XIV
Mr. Smith reported to Council that they had received the plans and drawings. A
deeming by-law will be prepared for the next meeting. They will prepare a development
agreement.
The Road Superintendent reported that he had received an estimate for high float on
Gray Line to the edge of the property. The amount is $12,600.00. After discussion on
November 27, 2003…Pg. 2 of 8
the costs including the costs that will be the responsibility of the municipality, Council
agreed that Tridon should contribute $12,600.00.
SUBJECT: ZONE AMENDMENT - MCMILLAN (FORDHAM
MOTORS) PART LOT 7, BLOCK A, REGISTERED PLAN 67, RODNEY
Also in attendance: Bruce Parker, Wendy Woolsey, Ron Fordham
The Mayor noted that as per the request of Council a site plan had been submitted and
this meeting was scheduled to continue with the discussion on the zoning amendment
application. Notice of this meeting, including a copy of the site plan, was forwarded to
all residents within 400 feet of the subject application. No correspondence has been
received.
Mr. Smith reported that the proposed site plan showed improvements to the property
including treatment at the corner, bench, tree planting. An approved site plan would
become part of a site plan agreement. It is being proposed that a holding designation
be used to ensure that the site plan agreement is executed and registered on title. It is
a simple process to remove the holding symbol by by-law. An item to consider is the
floodlights, which can be specified in the agreement to ensure that any glare is directed
away from the residential properties and the street.
Councillor Mooser joined the meeting.
Mr. Fordham noted that the proposed lighting is for security purposes and will be non-
glare. The parking is proposed for employee parking and lease return. They are going
to try to move the existing shrubs from the west side of the lot to the east side.
Mr. Parker presented correspondence, dated November 27, 2003, to Council. He also
noted that Mr. and Mrs. Cirka were unable to attend the meeting due to short notice.
Council reviewed the correspondence noting that the first page dealt with the proposed
site plan and the second page dealt with matters relating to the rezoning.
Mrs. Woolsey also noted that she had comments as well. She asked what other
alternatives are there? She asked what is planned for the other three corners owned by
Fordham and had thought these properties would have been included in the site plan
and doesn’t see that the other three corners are at capacity and doesn’t see the need.
It was noted that before a site plan agreement is finalized Council has the opportunity to
address the issues raised and firm up the plan. The question remaining is whether to
address the request for rezoning.
The Deputy Mayor noted that the issues raised on page 2 had been discussed at the
last meeting. Our Planner had reported that the boundary between uses in the Official
Plan was flexible and he felt this application was in compliance with the Official Plan.
Councillor Mooser noted that at the last meeting the safety issue was an issue. After
visiting the site, can’t see a safety hazard.
Mrs. Woolsey is not in support of the rezoning and the site plan does not address her
concerns.
Mr. Parker noted that once the “h” is in place he will not have any say when it is
removed, that would be between Council and Fordham. He feels this rezoning is an
encroachment on the residential neighbourhood.
November 27, 2003…Pg. 3 of 8
RES. NO. 1 Moved by Warwick
Seconded by Mooser
RESOLVED that Council proceed with rezoning application by Wayne
McMillan (Fordham Motors applicant) at 151A Queen Street.
DISPOSITION: Carried
SUBJECT: CORRESPONDENCE
1.* Elgin County Land Division Committee – application for severance E124/03
(Krzyworackza)
Instruction:
RES. NO. 2 Moved by Balint
Seconded by Warwick
RESOLVED that the Council of the Municipality of West Elgin have the
following comments regarding Severance Application E124/03 as applied
for by Stanley and Ivanka Krzyworaczka
Council approves of the severance.
Reasons and/or 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
Two copies of the registered reference plan be submitted to the
municipality
Taxes to be paid in full
DISPOSITION: Carried
2.* Elgin County Land Division Committee – application for severance E125/03
(Krzyworackza)
RES. NO. 3 Moved by Mooser
Seconded by Warwick
RESOLVED that the Council of the Municipality of West Elgin have the
following comments regarding Severance Application E125/03 as applied
for by Stanley and Ivanka Krzyworaczka
Council approves of the severance.
Reasons and/or 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
Two copies of the registered reference plan be submitted to the
municipality
Taxes to be paid in full
DISPOSITION: Carried
3.* Elgin County Land Division Committee – application for severance E126/03
(Krzyworackza)
November 27, 2003…Pg. 4 of 8
RES. NO. 4 Moved by Mooser
Seconded by Warwick
RESOLVED that the Council of the Municipality of West Elgin have the
following comments regarding Severance Application E126/03 as applied
for by Stanley and Ivanka Krzyworaczka
Council approves of the severance.
Reasons and/or 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
Two copies of the registered reference plan be submitted to the
municipality
Taxes to be paid in full
DISPOSITION: Carried
4.* Elgin County Land Division Committee – application for severance E128/03
(Prow)
Instruction: No action, the application was withdrawn.
5.* Elgin County Land Division Committee – application for severance E132/03
(McFadden)
Instruction:
RES. NO. 5 Moved by Bandeen
Seconded by Balint
RESOLVED that the Council of the Municipality of West Elgin have the
following comments regarding Severance Application E132/03 as applied
for by Ernest and Barbara McFadden
Council approves of the severance.
Reasons and/or Conditions:
Subject to rezoning, if required
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
Two copies of the registered reference plan be submitted to the
municipality
Taxes to be paid in full
DISPOSITION: Carried
6.* Elgin County Land Division Committee – application for severance E133/03
(Van Bemmel)
RES. NO. 6 Moved by Balint
Seconded by Bandeen
RESOLVED that the Council of the Municipality of West Elgin have the
following comments regarding Severance Application E133/03 as applied
for by Albert Van Bemmel.
Council approves of the severance.
:
Reasons and/or Conditions
Subject to rezoning, if required
Subject to apportionment of Municipal Drainage assessments
Subject to drainage outlet & drainage agreement if required
November 27, 2003…Pg. 5 of 8
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
Two copies of the registered reference plan be submitted to the
municipality
Taxes to be paid in full
DISPOSITION: Carried
7. Knights of Columbus – notice of lottery licence
Instruction: File
8. Ontario Rural Council – notice of workshop, “Ready to Recruit and Retain”,
December 16-17, Ridgetown College
Instruction: File
9. Elgin County Pioneer Museum, notice of public meeting to be held on December
th
11 at 7:30 p.m. and request to complete questionnaire.
Instruction: File
10. Hydro One – invitation to reception, December 4, 2003
Instruction: Deputy Mayor Warwick and Councillor Mooser to attend.
* Information enclosed
RES. NO. 7 Moved by Bandeen
Seconded by Balint
RESOLVED that the correspondence be dealt with as per the instruction of
Council as noted.
DISPOSITION: Carried
SUBJECT: PORT GLASGOW MARINA COMFORT STATIONS
The following tenders were received for Port Glasgow Marina comfort stations:
BUILDING A BUILDING B TOTAL QUOTE
(plus taxes)
William A. Smith $123,896.14 $70,328.45 $194,l224.82
Verly Construction $125,043.68 $79,558.00 $204,938.75
Oscar Temple & Sons $132,379.00 $72,558.00 $205,436.00
It was noted that the construction is scheduled for the spring. The allocated budget
would only permit the construction of Building A. Council must now consider the costs
of a sewage system.
The Water Superintendent presented estimates for sewage system including annual
maintenance fees. He noted that formal approval will be required from the Health Unit.
BUILDING A BUILDING B TOTAL QUOTE
(plus taxes)
A-Max Contracting $53,796.00 $10,961.00 $64,757.00
Santi Tech Communal $32,000.00 $10,000.00 $42,000.00
McColl Excavating $29,761.28 $12,638.00 $42,399.28
November 27, 2003…Pg. 6 of 8
RES. NO. 8 Moved by Warwick
Seconded by Mooser
RESOLVED that the Council of the Municipality of West Elgin accept the
tender from William A. Smith in the amount of $123,896.14 plus GST for
Building A (Port Glasgow Marina Comfort Station);
AND that Council proceed with tendering the sewage system;
AND that the necessary agreements be prepared.
DISPOSITION: Carried
Mr. Dan Smith left the meeting.
SUBJECT: BY-LAW 2003-78 – WILLIAM STREET DRAIN RELOCATION
RES. NO. 9 Moved by Bandeen
Seconded by Mooser
RESOLVED that a bylaw to provide for drainage works in the Municipality
of West Elgin in the County of Elgin to be called and known as the William
Street Drain Relocation be now read a third time and finally passed,
signed, sealed and numbered By-Law Number 2003-78 – William Street
Drain Relocation
DISPOSITION: Carried
SUBJECT: BY-LAW 2003-85 - ZONE AMENDMENT – MCMILLAN (FORDHAM
MOTORS) PART LOT 7, BLOCK A, REGISTERED PLAN 67, RODNEY
RES. NO. 10 Moved by Balint
Seconded by Bandeen
RESOLVED that the mover be granted leave to introduce a By-law to
amend the Village of Rodney Zoning By-law No. 89-10, to change the
zoning of lands in Part of Lot 7, Block A, Registered Plan 67, from the
Residential First Density (R1) Zone to the “site-specific” Central
Commercial (C1-2-H) Zone, and that this shall be the first and second
reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 11 Moved by Mooser
Seconded by Balint
RESOLVED that a by-law to amend Village of Rodney Zoning By-law No.
89-10, to change the zoning of lands in Part of Lot 7, Block A, Registered
Plan 67, from the Residential First Density (R1) Zone to the “site-specific”
Central Commercial (C1-2-H) Zone and shall now be read a third time and
finally passed, signed, sealed and numbered By-law Number 2003-85 –
Zone Amendment – Fordham
DISPOSITION: Carried
SUBJECT: BY-LAW 2003-96 - ZONE AMENDMENT – GARDINER
PART LOT 3, CONCESSION III (WD)
RES. NO. 12 Moved by Warwick
Seconded by Mooser
RESOLVED that the mover be granted leave to introduce a By-law to
amend Township of Aldborough Zoning By-law No. 90-50, to change the
zoning of lands in Part of Lot 3, Concession III (Western Division), from the
Agricultural (A1) Zone to the site-specific” Agricultural (A1-42) Zone and to
Special Agricultural (A2) Zone, and that this shall be the first and second
reading and provisional adoption thereof.
DISPOSITION: Carried
November 27, 2003…Pg. 7 of 8
RES. NO. 13 Moved by Mooser
Seconded by Warwick
RESOLVED that a by-law to amend The Township of Aldborough Zoning
By-law No. 90-50 to change the zoning of lands in Part of Lot 3,
Concession III (Western Division), from the Agricultural (A1) Zone to the
site-specific” Agricultural (A1-42) Zone and to Special Agricultural (A2)
Zone, and shall now be read a third time and finally passed, signed,
sealed and numbered By-law Number 2003-96 –Zone Amendment – J &
E Gardiner
DISPOSITION: Carried
SUBJECT: BY-LAW 2003-97 – AMEND BY-LAW 95-56, STOP SIGNS
RES. NO. 14 Moved by Warwick
Seconded by Mooser
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. 15 Moved by Mooser
Seconded by Warwick
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 2003-97 – Amend
By-law 95-56, stop signs.
DISPOSITION: Carried
SUBJECT: SALE OF 1994 GMC TRUCK
The following quotations were received for sale of the 1994 GMC truck:
QUOTE
George Nute $1,000.00
Nancy Lucio $1,235.00
Rick McFadden $ 800.00
JC’s Auto $1,616.00
RES. NO. 16 Moved by Bandeen
Seconded by Balint
RESOLVED that the Council of the Municipality of West Elgin accept the
quotation from JC’s Auto in the amount of $1,616.00 for a 1994 GMC truck
“as is”.
DISPOSITION: Carried
SUBJECT: CONFIRMATION BY-LAW
RES. NO. 17 Moved by Balint
Seconded by Mooser
RESOLVED that the mover be granted leave to introduce a By-Law to
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confirm the proceedings of the meeting of Council held on November 27,
2003 and this shall be the first and second reading and provisional
adoption thereof.
DISPOSITION: Carried
November 27, 2003…Pg. 8 of 8
RES. NO. 18 Moved by Mooser
Seconded by Balint
RESOLVED that a Bylaw to confirm the proceedings of the meeting of
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Council held on November 27, 2003 be now read a third time and finally
passed, signed, sealed and numbered By-law Number 2003-86 –
Confirming By-law November 27, 2003.
DISPOSITION: Carried
SUBJECT: ADJOURNMENT
RES. NO. 19 Moved by Bandeen
Seconded by Mooser
RESOLVED that this Regular Meeting of Council shall adjourn at 12:10
p.m. sine die.
DISPOSITION: Carried
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These minutes were adopted on December 11, 2003
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___________________________ _______________________________
MAYOR CLERK