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April 22, 2004 Council M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS APRIL 22, 2004 MEMBERS PRESENT: Mayor Graham Warwick, Deputy Mayor Bernie Wiehle Councillors Trudy Balint, Mary Bodnar, Michael Mooser STAFF PRESENT: Joanne Groch Administrator/Treasurer Norma Bryant Clerk Paul VanVaerenbergh Acting Road Superintendent John Ungar Drainage Superintendent ALSO PRESENT: Ted Halwa Planning Consultant SUBJECT: PUBLIC MEETING Council adjourned to hold a Public Meeting for the McKillop rezoning application and resumed their Regular Session thereafter. SUBJECT: WEST ELGIN VARIETY 263-265 GRAHAM ROAD, WEST LORNE Also in attendance: Drainage Superintendent The Drainage Superintendent reported that the drainage would not be changed with the proposed relocation of the pumps. The Planner noted that the owner now wishes to building a canopy over the new pumps, however plans have not been submitted yet. It was suggested that professionally drawn plans should be submitted and show all proposed structures as well as the on-site drainage. Staff advised that a site plan should be approved by Council and registered on title. Council has concerns about the drainage and agreed that a site plan application should be submitted. SUBJECT: PROPOSED SEVERANCE – PART OF LOT 14, CONCESSION XIV (1273969 ONTARIO INC.) Also in attendance: Dave & Wendy Dupuis Council reviewed an application to sever an irregular parcel of land being 1.5 ha. from a 26.7 ha. parcel located on Part of Lot 8, Concession 14. It was noted that the parcel in question is zoned TP, trailer park and is to added to the adjacent lands operated as Lakewood Trailer Park. Council had no objections to the proposed severance subject to the lands being merged in title. April 22, 2004…Pg 2 of 7 DELEGATION: MARKO MALETIN RE: PROPOSED SEVERANCE – LOT 15, CONCESSION XIII The Planner presented a report regarding the proposed severance. The report concluded that an Official Plan Amendment is required. Discussion took place regarding the date of construction of a dwelling that is referred to in the Official Plan surplus dwelling provisions. This date will be reviewed in conjunction with the Official Plan review. Council referred this matter to the Planner for further review. SUBJECT: GRAY LINE WATERLINE Council reviewed a waiver to be signed by the property owners wishing to hook into the new Gray Line waterline. The waiver as drafted was acceptable by Council. SUBJECT: PROPOSED SEVERANCE, HELEN OKOLISAN MAIN STREET, WEST LORNE The Planner, using sound planning principles, presented a concept plan showing proposed lots and a road for the lands south of Main Street, west of Maple Street to the village boundary. This plan showed the extension of Maple Street to the former village boundary. He noted that engineering; construction and the provisions of municipal services are more cost effective for a longer piece of road that what was previously discussed. Council agreed with the proposal, that staff inform the applicant in writing. SUBJECT: PROPERTY STANDARDS BY-LAW The Planner suggested Council consider a by-law under the Municipal Act, rather than under the Building Code Act for outside issues; for example, grass, junk. The Deputy Mayor enquired what was used to distinguish between farms and villages. The Planner suggested that zones could be used. The complaint process would still continue. Council directed that a draft by-law be prepared. The Planner left the meeting. SUBJECT: SILVER CLAY LINE DRAINAGE TENDERS The following tenders were received for Silver Clay Line Drainage: Streib Trucking Ltd. $ 51,964.00 plus taxes Darrell Dick $ 25,876.00 plus taxes The Acting Road Superintendent reported that the lower tenderer has provided equipment and labour rates for the contingency for quicksand rather than a specified amount. RES. NO. 1 Moved by Balint Seconded by Wiehle RESOLVED that the Council of the Municipality of West Elgin accept the tender from Darrell Dick in the amount of $25,876.00 plus GST for the Silver Clay Line Drainage project. DISPOSITION: Carried April 22, 2004…Pg 3 of 7 SUBJECT: GRADER TENDERS The following tenders were received for graders: Tormont Caterpillar $258,353.00 plus GST Champion $211,812.00 plus GST Councillor Mooser requested a recorded vote. RES. NO. 2 Moved by Wiehle Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin accept the tender from Champion Road Machinery Sales in the amount of $211,812.00 plus GST for grader. Bodnar yes Wiehle yes Balint yes Warwick yes Mooser no DISPOSITION: Carried SUBJECT: GRAY LINE CULVERT The Acting Road Superintendent reported that he had contacted John Spriet and Clayton Watters for advice. Three options will be considered to repair the culvert; being to extend the culvert, lower the road or construct a retaining wall. Mr. Spriet will be visiting the site next week. SUBJECT: CONSIDERATION MEETING – MILLER DRAIN Also in attendance: Dennis McCready, P. Eng., J. Martin Krebs, Helen Okolisan, Paul VanVaerenbergh-Acting Road Superintendent, John Ungar-Drainage Superintendent. RES. NO. 3 Moved by Mooser Seconded by Wiehle RESOLVED that Council consider the Engineer’s Report on the Miller Drain. DISPOSITION: Carried The Clerk read correspondence from the Lower Thames Valley Conservation Authority, with no objections. The Engineer reported that John Krebs had submitted a petition under Section 78 of the Drainage Act. The report was drafted and a meeting was held with the ratepayers on th March 30. The ratepayers requested changes, which have been incorporated into the report; being, disposal of spoil on Mr. Kreb’s property rather than hauling away, riprap at outlets and grass buffer strips. Questions from the ratepayers in attendance were matter of assessment, which will be discussed at the Court of Revision. RES. NO. 4 Moved by Mooser Seconded by Wiehle RESOLVED that the Engineer’s Report for the Miller Drain, be accepted and the Clerk is instructed to draw up the necessary by-law. DISPOSITION: Carried April 22, 2004…Pg 4 of 7 DELEGATION: SEBASTIAN PELCZ RE: FREEMAN DRAIN Also in attendance: John Ungar, Drainage Superintendent Mr. Pelcz attended Council to complain about the Freeman Drain. The contractor has left high piles of dirt and Mr. Pelcz feels that his land has not been left as it was before the construction. He shouldn’t have to pay to level the dirt. The Drainage Superintendent noted he has investigated the matter. The norm is that the spoil is left in heaps and the farmers work it in. The farmers did not ask for the soil to be hauled away, which would have been included in the drain costs. Further, Mr. Pelcz has been given allowances and damages. The Mayor noted that Mr. Pelcz is asking Council to go beyond the drain report, which we cannot do. DELEGATION: TONY WHYTE, STEVENSON & HUNT RE: EMPLOYEE BENEFIT PLAN Mr. Whyte provided an analysis of the group life, accidental death & dismemberment, long-term disability, health and dental care benefits for the full-time employees of the municipality. He provided a report outlining savings for changing three different benefits. RES. NO. 5 Moved by Balint Seconded by Mooser RESOLVED that Council renew the employee benefit plan as underwritten by Manulife Financial as of May 1, 2004 with the following change: 1. change drug maximum to $10,000 per insured person. DISPOSITION: Carried SUBJECT: CORRESPONDENCE 1.* Canada Day Committee – request to waive fees Instruction: RES. NO. 6 Moved by Bodnar Seconded by Wiehle RESOLVED that Council of the Municipality of West Elgin authorize the waiving of rental fees for the use of the West Elgin Community Centre on July 1, 2004 for the Canada Day Celebrations. DISPOSITION: Carried 2.* Rodney Aldborough Agricultural Society re: Fall Fair Beer Garden Instruction: RES. NO. 7 Moved by Bodnar Seconded by Mooser RESOLVED that Council of the Municipality of West Elgin has no th objections to a “Beer Garden” being held on September 17, 2004 from 7 th to 12 pm and on September 18, 2004 from 9 to 12 pm in conjunction with the Fall Fair being organized by the Rodney Aldborough Agricultural Society. DISPOSITION: Carried April 22, 2004…Pg 5 of 7 3.* Rodney Aldborough Agricultural Society – request for donation RES. NO. 8 Moved by Bodnar Seconded by Balint RESOLVED that Council of the Municipality of West Elgin authorize the Rodney Aldborough Agricultural Society use the wall space in the meeting room of the Rodney Recreation Centre to display photographs of Queen/Ambassadors of previous Fall Fairs. AND FURTHER BE IT RESOLVED that Council approve the donation of $500.00 to cover expenses of displaying the photographs. AND FURTHER BE IT RESOLVED that Council approve the donation of $ 2500.00 for expenses related to a Fireworks Display for the 150 Year. DISPOSITION: Carried 4. Municipal Waste Integration Network (mwin) – Annual Conference, Markham, June 9-11, 2004. Instruction: File RES. NO. 9 Moved by Balint Seconded by Bodnar RESOLVED that the correspondence be dealt with as per the instruction of Council as noted. DISPOSITION: Carried SUBJECT: EXTENSION OF AGREEMENT – VANRAES/SACHER Council considered a request for extension of an agreement to permit three kilns to remain on Part of Lot 2, Concession 11. This agreement originated as a condition of severance in 1997. Council agreed that an additional deposit be required for a three- year extension. RES. NO. 10 Moved by Mooser Seconded by Bodnar RESOLVED that Council require an additional deposit of $2,000.00 for the remaining kilns as per agreement with Vanraes/Sacher. DISPOSITION: Carried SUBJECT: BY-LAW 2004-31 – ZONE AMENDMENT (McKILLOP) PART LOT 17, CONCESSION XII RES. NO. 11 Moved by Mooser Seconded by Bodnar 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 Lots 17, Concession XII, from the Agricultural (A1) Zone to the Special Agricultural (A2) Zone, to the “site-specific” Agricultural (A1-48) Zone and to the “site-specific” (A1-49) zone, and that this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 12 Moved by Balint Seconded by Mooser 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 17, Concession XII, from the Agricultural (A1) Zone to the Special Agricultural (A2) Zone, to the “site-specific” Agricultural (A1-48) Zone and to the “site- specific” Agricultural (A1-49) Zone and shall now be read a third time and April 22, 2004…Pg 6 of 7 finally passed, signed, sealed and numbered – By-law Number 2004-31 – Zone Amendment – D & B McKillop DISPOSITION: Carried SUBJECT: BY-LAW 2004-32 – AGREEMENT WITH MUNICIPALITY OF DUTTON- DUNWICH (ARENA) RES. NO. 13 Moved by Balint Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a by-Law to authorize the execution of an agreement with the Municipality of Dutton- Dunwich and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 14 Moved by Bodnar Seconded by Wiehle RESOLVED that a by-law to authorize the execution of an agreement with the Municipality of Dutton-Dunwich be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-32 – Agreement with Dutton-Dunwich (Arena) DISPOSITION: Carried SUBJECT: APPLICATION FOR TRILLIUM FUNDING – RODNEY & DISTRICT HORTICULTURAL SOCIETY RES. NO. 15 Moved by Bodnar Seconded by Balint RESOLVED that Council of the Corporation of the Municipality of West Elgin supports the Rodney & District Horticultural Society application for Trillium funding for various projects in Rodney. DISPOSITION: Carried SUBJECT: TRANS CANADA TRAIL Councillor Balint reported that she had attended a meeting in Ridgetown, which provided an update on the Trans Canada Trail. She noted that Chatham-Kent has now joined and are planning to register a trail through their municipality. SUBJECT: COMMUNITY POLICING ADVISORY COUNCIL FORUM 2004 Councillor Bodnar requested Council support to attend this year’s Community Policing Advisory Council Forum. She attended last year’s forum, which was very informative. RES. NO. 16 Moved by Mooser Seconded by Wiehle RESOLVED that Council authorize Mary Bodnar and one volunteer member of the Police Committee to attend Forum 2004 of Community Policing Advisory Council of Ontario in Barrie, June 4 – 6 2004. DISPOSITION: Carried April 22, 2004…Pg 7 of 7 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 nd confirm the proceedings of the meeting of Council held on April 22, 2004 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 18 Moved by Wiehle Seconded by Balint RESOLVED that a By-law to confirm the proceedings of the meeting of nd Council held on April 22, 2004 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-33 – Confirming By-law April 22 2004. DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 19 Moved by Mooser Seconded by Wiehle RESOLVED that this Regular Meeting of Council shall adjourn at 4:20 p.m. th to meet again on May 13, 2004. DISPOSITION: Carried th These minutes were adopted on May 13, 2004 . ___________________________ _______________________________ MAYOR CLERK