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September 25, 2003 Council M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS SEPTEMBER 25, 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: CORRESPONDENCE 1.* Septech – Lakewood Trailer, application to Ministry of Environment for sewage system expansion Instructions: RES. NO. 1 Moved by Balint Seconded by Mooser RESOLVED that Council of the Corporation of the Municipality of West Elgin has no objection to the construction of an additional sewage system at Lakewood Trailer Estates as outlined on the servicing plan prepared by Septech DISPOSITION: Carried 2.* Ministry of Municipal Affairs & Housing – comments on proposed amendment to Official Plan and zoning by-law : Melody Church Instruction: Refer to public meeting at 7:30 p.m. today 3.* County of Elgin – replacement of member on Elgin County Land Division Committee Instruction: Bring forward to the next Council meeting 4.* West Elgin Chamber of Commerce – Annual Meeting Agenda, October 7, 2003 Instruction: File 5. Canadian Urban Institute – invitation to attend seminar: “Making It Happen! Economic Development in Elgin”, October 8, 2003, Aylmer Instruction: File * Information enclosed September 25, 2003…Pg 2 of 6 RES. NO.2 Moved by Bandeen Seconded by Balint RESOVLED that the correspondence be dealt with as per the instruction of Council as noted. DISPOSITION: Carried SUBJECT: BY-LAW 2003-70 – ADOPT MUNICIPAL ACCESSIBILITY PLAN RES. NO. 3 Moved by Bandeen Seconded by Balint RESOLVED that the mover be granted leave to introduce a By-Law to adopt a municipal accessibility plan and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 4 Moved by Warwick Seconded by Mooser RESOLVED that a By-law to adopt a municipal accessibility plan be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-70 – Municipal Accessibility Plan DISPOSITION: Carried SUBJECT: BY-LAW 2003-71 – AMEND PARKING BY-LAW 2001-50 RES. NO. 5 Moved by Balint Seconded by Bandeen RESOLVED that the mover be granted leave to introduce a By-Law to amend By-law 2001-50, a by-law to regulate parking and traffic in conjunction with County of Elgin Parking By-law No. EG1and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 6 Moved by Mooser Seconded by Warwick RESOLVED that a By-law to amend By-law 2001-50, a by-law to regulate parking and traffic in conjunction with County of Elgin Parking By-law No. EG1 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-71 – Amend Parking By-law 2001-50 DISPOSITION: Carried BY-LAW 2003-72 – REDUCING VOTING HOURS RES. NO. 7 Moved by Mooser Seconded by Warwick RESOLVED that the mover be granted leave to introduce a By-Law to provide for reduced opening hours for voting for residents of a retirement home and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 8 Moved by Warwick Seconded by Mooser RESOLVED that a By-law to provide for reduced opening hours for voting for residents of a retirement home be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-72 – Reduced Voting Hours- Beattie Haven DISPOSITION: Carried September 25, 2003…Pg 3of 6 SUBEJECT: BY-LAW 2003-75 – DRAIN MAINTENANCE RES. NO. 9 Moved by Warwick Seconded by Mooser RESOLVED that the mover be granted leave to introduce a By-Law to provide for maintenance of municipal drains and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 10 Moved by Mooser Seconded by Warwick RESOLVED that a By-law to provide for the maintenance of municipal drains be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-75 – Drain Maintenance DISPOSITION: Carried SUBJECT: PARKING BY-LAW Further to the discussion at the last Council meeting with Solicitor Gibson and OPP Staff Sergeant Cox, Council determined that a resolution should be passed giving direction to the OPP regarding the issuing of parking tickets. Council decided that the issuing of th tickets shall be effective November 15, 2003 thereby allowing time to advertise, in particular that tickets would be issued on county roads within West Lorne and Rodney. RES. NO. 11 Moved by Bandeen Seconded by Balint RESOLVED that Council of the Corporation of the Municipality of West Elgin direct the O.P.P. to suspend the issuing of parking tickets under the Municipality of West Elgin Parking By-law 2001-50 unless direction received or upon request from the Municipality of West Elgin. This shall not apply to areas signed “no parking” and areas where safety issues are a concern. AND FURTHER BE IT RESOLVED that Council hereby requests the O.P.P. to enforce the Elgin County Parking By-law EG1 on county roads within the former village limits of Rodney and West Lorne. Effective November 15, 2003 DISPOSITION: Carried SUBJECT: TENDER FOR PORT GLASGOW TRAILER PARK ELECTRICIAL UPGRADE PHASE III The following quotes were received for Port Glasgow Trailer Park Electrical Upgrade Phase III: 1. Any Electric $ 35,200.00 plus GST 2. Gerber Electric $ 28,782.00 plus GST RES. NO. 12 Moved by Mooser Seconded by Warwick RESOLVED that the Council of the Municipality of West Elgin accept the tender from Gerber Electric in the amount of $28,782.00 plus GST for the Port Glasgow Trailer Park Electrical Upgrade Phase III. DISPOSITION: Carried September 25, 2003…Pg 4 of 6 SUBJECT: GRAHAM ROAD WATER CONNECTIONS The Administrator/Treasurer reported that tenders were opened for Graham Road water connections yesterday. Three tenders were received and are being reviewed by the engineer. The tenders will be presented to Tri County Management Committee on th September 30, 2003 for a recommendation to West Elgin Council. An authorizing th agreement will be presented to Council on October 9. SUBJECT: KEARNS PIT The Clerk reported that, in accordance with the Aggregate Resources Act, a public information meeting has been scheduled for October 30, 2003 from 9:00 am to 10:00 am. regarding the Kearns Pit license. SUBJECT: RENOVATIONS TO OLD RODNEY TOWNHALL BUILDING The Administrator/Treasurer presented an alternative sketch for the wheelchair ramp and access to the building. A detailed plan will be prepared and submitted to Council for their review. Mr. Halwa joined the meeting. DELEGATION: PROPOSED SEVERANCE – LOT 16, CONCESSION IX PAUL VERBRUGGHE, STANLEY KRZYWORACZKA Mr. Verbrugghe appeared before Council to request Council’s support of three proposed severances from Mr. Krzyworaczka’s property which fronts on Pioneer Line. The subject property is 47.18 acres of which the frontage is zoned RR-2H, the balance is zoned A1. The Planner reported that the frontage is designated Rural Residential in the Official Plan. There are issues regarding the size and frontage, which is remaining after the severances. It was noted that the proposal leaves a balance of approximately 190 feet left, which conforms with the frontage requirements of an A1 zone, however the total acreage would be less than the required 19 ha. Council reported that they are in agreement with the proposal subject to the usual conditions. DELEGATION: PROPOSED SEVERANCE – LOT 14, CONCESSION I WD ALBERT VAN BEMMEL Mr. Van Bemmel appeared before Council to request support of a proposed severance of a 50-acre parcel from his holdings of 145.58 acres located in Lot 14, Concession I. The Planner noted the limitation in the Official Plan regarding one dwelling unit per parcel, i.e. one for retained and one for severed parcels. Council noted that they have no objections to the proposal subject to the usual conditions. SUBJECT: PORT GLASGOW HARBOUR STUDY The Planner reported he had a meeting with Lloyd Jarvis, Jim Holdaway and Dan Carr from the Yacht Club and John Spriet to discuss development of the harbour area. It seems that in the short term permanent washrooms are considered as important with the hopes of having them in place by the spring. Several locations were discussed and further investigations are required. Matters to be considered: location of building, location of tile bed, future uses such as pavilion, soils analysis and report, required facilities in building. Mr. Spriet will be reviewing the technical matters and reporting back to Council. Once this information is obtained, it was felt that the committee should meet with Council to discuss further. September 25, 2003…Pg 5 of 6 SUBJECT: OFFICIAL PLAN STATUS REPORT The Planner reported that the draft is in the process of being finalized. There are a number of issues raised by the provincial agencies that need to be addressed in detail. It was determined that due to the upcoming elections, the draft be presented to Council in January. SUBJECT: NUTRIENT MANAGEMENT ACT The Planner reported that the regulations take effect on September 30, 2003. These regulations cover such matters as size of operations based on nutrient units, approvals required, policing and complaints. Zoning by-laws which limit the number of livestock will be invalid as of that date. Our zoning will need to be revised to conform. SUBJECT: AGREEMENT – TONY SANTOS, WILLIAM STREET DEVELOPMENT The Planner reported that the draft agreement is being prepared, the engineering work has been completed. SUBJECT: AGREEMENT - LAKEVIEW ESTATES SEVERANCES The Planner reported that an agreement has not been prepared to date and that there are a number of matters to be finalized. Council directed that before an agreement is prepared that a deposit of $5,000.00 be obtained to cover costs. Further, it was determined that before any agreement is signed all taxes must be paid in full. The applicant to be notified in writing of these requirements. Council adjourned for a dinner break to resume at 7:15 pm for public meetings relating to rezoning applications for Gardiner, Canada Southern Railway Company and Krebs. After the above noted public meetings were adjourned, the following by-laws were considered. SUBJECT: BY-LAW 2003-73 – ZONE AMENDMENT – CANADA SOUTHERN RAILWAY, PART OF LOT B, CONCESSION VII RES. NO. 13 Moved by Balint Seconded by Warwick 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 B, Concession VII (Western Division), from the Agricultural (A1) Zone to the “site-specific” Agricultural (A1-44) Zone, and that this shall be the first and second reading and provisional adoption thereof DISPOSITION: Carried RES. NO. 14 Moved by Warwick Seconded by Balint 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 B, Concession VII (Western Division), from the Agricultural (A1) Zone to the “site-specific” Agricultural (A1-44) Zone and shall now be read a third time and finally passed, signed, sealed and numbered By-law Number 2003-73 –Zone Amendment – Canada Southern Railway DISPOSITION: Carried September 25, 2003…Pg 6 of 6 SUBJECT: BY-LAW 2003-74 – ZONE AMENDMENT – KREBS PART OF GORE LOT & LOT 24, CONCESSION IV RES. NO. 15 Moved by Bandeen Seconded by Warwick 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 Gore Lot and part of Lot 24, Concession IV (Eastern Division), from the Agricultural (A1) Zone to the “site-specific” Agricultural (A1-43) Zone, and that this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 16 Moved by Balint 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 Gore Lot and part of Lot 24, Concession IV (Eastern Division), from the Agricultural (A1) Zone to the “site-specific” Agricultural (A1-43) Zone and shall now be read a third time and finally passed, signed, sealed and numbered By-law Number 2003-74 –Zone Amendment – Krebs DISPOSITION: Carried Council adjourned to a public meeting for an Official Plan and zone amendment application for the Melody Church property and resumed their Council Meeting thereafter. SUBJECT: CONFIRMATION BY-LAW RES. NO. 17 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 September 25, 2003 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 18 Moved by Mooser Seconded by Warwick RESOLVED that a Bylaw to confirm the proceedings of the meeting of th Council held on September 25, 2003 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2003-76 – Confirming By-law September 25, 2003. DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 19 Moved by Warwick Seconded by Mooser RESOLVED that this Regular Meeting of Council shall adjourn at 9:55 p.m. th to meet again on October 9, 2003. DISPOSITION: Carried th These minutes were adopted on October 9, 2003 . ___________________________ _______________________________ MAYOR CLERK