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February 26, 2004 Council M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS FERBRUARY 26, 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 Lloyd Jarvis Water Superintendent ALSO PRESENT: Ted Halwa Planning Consultant DELEGATION: ALBERT VAN BEMMEL – SEVERANCE CONDITIONS PART LOT 14, CONCESSION I Also in attendance: Mrs. Van Bemmel, Mr. Johnston The Planner reported that the severance application was to split a large agricultural parcel into two parcels; being 95 and 50-acre parcels. The Planner explained that an A1 zoning on parcels greater than 19 ha. permits two dwellings. The recent Official Plan amendment continues this principle of two dwellings. Generally, one dwelling for retained parcel and one for the severed parcel. Mr. Johnston, who has put an offer to purchase the 50-acre parcel, questioned the zoning and whether further severances could be granted on the 50-acre parcel. The Planner noted under the surplus and retirement provisions this may be possible. Mr. Johnston questioned why the number of dwellings couldn’t be limited through building permits. The Planner explained that zoning is the mechanism to restrict buildings. Mr. Johnston also complained about the application fee. The Mayor reported that OMAF has successfully won an appeal to the Ontario Municipal Board regarding the Bayham zoning by-law. OMAF objected to the minimum size of agricultural parcels of 50 acres, OMAF wanted 100-acre parcels. The creation of 50- acre parcels may become a thing of the past. DELEGATION: BEV PADFIELD RE: CLOSING OF ALBERT STREET, RODNEY Mrs. Padfield explained to Council that she was in the process of listing her home for sale. She has had a survey completed, which shows that Albert Street is an unopened road allowance. Her family has been using Albert Street as their driveway and maintained the grass, etc. since 1973. She feels that future owners would want title of the road allowance. Further, the shed at the rear of the property is encroaching on the road allowance. February 26, 2004…Pg 2 of 7 The Deputy Mayor enquired if we were creating a lot big enough to be split in the future? The Planner reported that the lot requirements would be satisfied. A condition could be placed to merge on title but this does not prevent a future application. The Planner presented a sketch showing a possible layout for development of the property to the west. The concept was previously discussed with Rodney Council but was not pursued. The sketch showed the importance of two entrances into the lands, being Centre Street and extension of Albert Street. He feels it is important to protect Albert Street for future development. A discussion arose regarding the viability of a lease with the owners, whereby they could use Albert Street until the municipality needed it for development purposes. The Clerk was directed to contact the municipal solicitor for his opinion. If viable, a draft agreement to be prepared by the applicant’s solicitor for Council review. SUBJECT: PROPOSED SEVERANCE – PART LOT 8, CONCESSION XII (ROODZANT) Also in attendance: Ken Roodzant, Audrey Roodzant, Wayne Roodzant Council reviewed a report from the Planner, which noted a number of concerns including the length of the driveway as this would result on greater restrictions on agriculture. Mr. Roodzant explained to Council that they were requesting Council’s input on what the municipality would allow. He reviewed two proposed sketches – one showing the house and shed plus driveway and the second extending the proposed lot to include the westerly barn. Mr. Roodzant enquired about setbacks as the barn and silo locations may present a problem. The Planner reported that as these buildings exist the setback could be zero but should maintain some setback for maintenance purposes. The Health Unit needs to be contacted to ensure their requirements are met. Council requested the proponent discuss with Health Unit and prepare a revised plan showing setbacks. SUBJECT: NUTRIENT MANAGEMENT ACT The Planner reported that input has been received from OMAF regarding issues with our manure storage by-law. He proposed the preparation of document, which identified the overlap between our by-law and the Nutrient Management Act. Council agreed with this proposal. The Planner left the meeting. SUBJECT: CORRESPONDENCE 6.* Liz Clark, West Elgin Chamber of Commerce re: Banners Instruction: RES. NO. 1 Moved by Mooser Seconded by Balint RESOLVED that Council authorize the payment of $2000.00 for Volunteer banners requested by the West Elgin Chamber of Commerce – Beautification Committee. DISPOSITION: Carried February 26, 2004…Pg 3 of 7 SUBECT: REPORT ON 9-1-1 HOUSE NUMBERING The Clerk presented a report regarding a conflict with street number ranges for Jane Street in West Lorne and Rodney, and Maple Street in West Lorne and Rodney. The street number ranges overlap. Regarding Maple Street, there is a 153 in both West Lorne and Rodney. After review of the situation it is recommended that 153 Maple Street in Rodney be changed to 161Maple Street, Rodney. Council agreed with this recommendation. The street number ranges for Jane Street in both villages overlap and there appears to be no other solution than changing the name of the street. There nineteen properties affected in West Lorne and twenty-five in Rodney. Council agreed that an information meeting be called with those affected properties to solicit input into a new street name. DELEGATION: WENDY DUPUIS RE: TRAILER PARK ASSESSMENT RES. NO. 2 Moved by Balint Seconded by Bodnar RESOVLED that the Council of the Municipality of West Elgin will hear the delegation from Wendy Dupuis. DISPOSITION: Carried Mrs. Dupuis reported to Council that the Ministers of Finance and Tourism would be holding a meeting with the Ontario Private Campground (OPAC) on Friday. She is hoping this meeting will bring an answer. Councillor Balint enquired about a licensing process whereby the trailer owners purchase a ticket yearly. Mrs. Dupuis reported that the onus would then be on the trailer owners rather than the municipality. This proposal amongst others will be discussed on Friday. Councillor Mooser left the meeting. SUBJECT: EARLY YEARS PROGRAM The Mayor read a letter addressed to the Ontario Early Years Board of Directors in support of the program and Mrs. Janet Pinder leadership. Council agreed with the correspondence and that it be forwarded. SUBJECT: CORRESPONDENCE cont’d 1.* Municipality of Dutton/Dunwich re: proposed zoning amendment Part of Lot 2, Concession VIII Instruction: File 2.* Elgin County Land Division Committee re: application for consent (Dewulf Family Farms) Instruction: RES. NO. 3 Moved by Wiehle Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin have the following comments regarding Severance Application E19/04 as applied for by Dewulf Family Farms Inc. Council approves of the severance. Conditions: 1. Subject to rezoning, if required 2. Subject to apportionment of Municipal Drainage assessments February 26, 2004…Pg 4 of 7 3. Subject to drainage outlet & drainage agreement if required 4. Subject to requirements of the Municipal Road Department regarding access and/or drainage. 5. Subject to no further residential development on the retained agricultural portion. 6. Subject to water and/or sewer connection fees if applicable 7. Two copies of the registered reference plan be submitted to the municipality 8. Taxes to be paid in full DISPOSITION: Carried 3.* Municipality of Central Elgin re: Class Environmental Assessment, Public Information Centre, March 4, 2-4 p.m. and 7-9 p.m. Instruction: File 4.* Association of Ontario Road Supervisors re: 2004 Travelling Road Show Instruction: File 5. Ministry of Agriculture & Food re: appointment of weed inspector Instruction: RES. NO. 4 Moved by Bodnar Seconded by Balint RESOLVED that Council of the Municipality of West Elgin hereby appoints the County Weed Inspector to provide weed inspector services for 2004. DISPOSITION: Carried 7.* John Gerretsen, Minister of Municipal Affair re: trailer assessment Instruction: File * Information enclosed RES. NO. 5 Moved by Wiehle Seconded by Bodnar RESOLVED that the correspondence be dealt with as per the instruction of Council as noted. DISPOSITION: Carried SUBJECT: 2002 PERFORMANCE MEASURES Council reviewed the report on 2002 Performance Measures program. The Administrator/Treasurer stated that this was the second year for this kind of reporting and this year the numbers are more realistic due to fine-tuning by staff. The Mayor questioned the diversion of solid waste figure. It was noted that this figure only reflects what happens in the villages, as there are no figures from the agricultural area as to their diversion. The Administrator/Treasurer also noted that these figures are based on collection amounts only. SUBJECT: 2003 COUNCIL REMUNERATION AND EXPENSES Council reviewed a report on the 2003 remuneration and expenses for each member of council. SUBJECT: PORT GLASGOW TRAILER PARK Also in attendance: Gord & Frances McFadden, Lloyd Jarvis, Marie Marsh, Gail & Pete Hack, Robbie McNaughton, Ken Gibson, Clayton & Mae Campbell, Arpad Petrik, Earl & February 26, 2004…Pg 5 of 7 Velma Bond, Gaetan & Georgie Ouelet, Frank & Jackie Orsini, Omer & Rita Benoit, Marion Colby, Wendie & David Dupuis. 1. BUDGET The Administrator/Treasurer presented the 2003 actual and proposed 2004 budget for the Port Glasgow Trailer Park. Councillor Balint questioned if the playground equipment met the standards and that this was not included in the budget. Staff will investigate further. 2. RATES The Administrator/Treasurer reported that all trailers are on 30 amps. service now. She reported that MPAC would be assessing our park in the future. After preliminary review it was estimated that 70 trailers could be assessed under the new provisions. She suggested that a deposit be collected now to be applied to 2003 and 2004 re- assessment. Separate accounts would be set up for each lot. 3. PARK REGULATIONS AND POLICIES The Administrator/Treasurer reviewed the new items in the Park Regulations and Policies. Frances McFadden noted that only two pets would be allowed. After discussion it was decided that this would apply to owners only, and not include visitors bringing their pets. It was requested that an area be set aside to clean fish. QUESTIONS FROM THE FLOOR: Omer Benoit: If amount of $30,000 is used and the trailer is only assessed at $15,000 what happens? The Administrator/Treasurer reported a refund would be given. Gail Hack: Is a tip-out included? The Administrator/Treasurer reported that we don’t have specifics so it is hard to determine, need MPAC assessment figures. Rob McNaughton: Is the assessment based on market value? Is the age of the trailer a factor? Rita Benoit: Can we be there when the trailer is being assessed? The Administrator/Treasurer noted that might be possible if we know when they are coming and how to reach you. Cathy Orsini: Would like an itemized statement of the assessment. The Administrator/Treasurer reported that MPAC would be completing the assessment and they would provide information. Arpad Petrik: On Hickory Grove committee, reported that Hickory Grove was re- assessed. They were told by MPAC that they looked at a couple of trailers and used these as a basis for the rest. MPAC will be sending them a list of individual assessments; will take 6 to 8 weeks. The Mayor enquired if trailer owners could appeal the assessment? Wendy Dupuis: Trailer owners have to appeal through their park. Arpad Petrik: He was told that the assessment is based on market value. Councillor Balint enquired if a different rate could be applied to trailers, e.g. a seasonal rate. The Administrator/Treasurer reported that we could use only the classes specified. Further MPAC uses the seasonality in determining the assessed value. Ken Gibson: I have only been in the park since September, who is responsible from st April 1? February 26, 2004…Pg 6 of 7 Wendy Dupuis: Is the park being run as a not-for-profit or run as a business. The Administrator/Treasurer reported as not-for-profit. Mrs. Dupuis further stated that the rates are below the lowest in the province and feels this is unfair business practice. The Administrator/Treasurer reported that our rates are similar to ones with the same facilities. The Mayor reported that the municipality has a liability for taxes. The Administrator/Treasurer reported that if there were a shortfall in the amounts collected, the balance would first come from the trailer park reserve and then if still a deficit the general fund. SUBJECT: PORT GLASGOW TRAILER PARK BUDGET RES. NO. 6 Moved by Balint Seconded by Bodnar RESOLVED that the preliminary budget for the Port Glasgow Trailer Park be adopted as presented to become part of the final budget presentation at a later date and that the seasonal and overnight rates remain the same as 2003 with the exception of winter storage at $50.00 and an additional charge of $50.00 for dryers. DISPOSITION: Carried SUBJECT: SUPPLEMENTARY ASSESSMENT – PORT GLASGOW TRAILER PARK RES. NO. 7 Moved by Wiehle Seconded by Bodnar RESOLVED that Council authorize a charge of $350.00 for 2003 and $350.00 for 2004 as a deposit for the trailers in Port Glasgow Trailer Park supplementary assessment. The municipality to determine which lots this would apply to and appropriate accounting procedures be set up. DISPOSITION: Carried SUBJECT: BY-LAW 2004-16 – PORT GLASGOW TRAILER PARK REGULATIONS AND POLICIES RES. NO. 8 Moved by Wiehle Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-Law to adopt regulations and policies for the Port Glasgow Trailer Park and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 9 Moved by Bodnar Seconded by Wiehle RESOLVED that a By-law to adopt regulations and policies for the Port Glasgow Trailer Park be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-16 – Port Glasgow Trailer Park - Regulations and Policies DISPOSITION: Carried February 26, 2004…Pg 7 of 7 SUBJECT: BEATTIE HAVEN WATER CONNECTION The Water Superintendent reported that a certificate of approval (C of A) would be required for Beattie Haven to connect to the system at Wardsville. RES. NO. 10 Moved by Balint Seconded by Wiehle RESOLVED that Council authorize Spriet Associates to prepare a C of A to connect Beattie Haven to Southwest Middlesex water system in Wardsville. DISPOSITION: Carried SUBJECT: WHEELCHAIR RAMP AT OLD RODNEY TOWNHALL The Administrator/Treasurer presented a design for the ramp and reported that the Chief Building Official was satisfied with a pre-designed ramp from another project. The estimated cost of construction was $17,000.00. Staff were directed to investigate further. SUBJECT: CONFIRMATION BY-LAW RES. NO. 11 Moved by Balint Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-Law to th confirm the proceedings of the meeting of Council held on February 26, 2004 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 12 Moved by Wiehle Seconded by Balint RESOLVED that a By-law to confirm the proceedings of the meeting of th Council held on February 26, 2004 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-16 – Confirming By-law February 26 2004. DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 13 Moved by Bodnar Seconded by Wiehle RESOLVED that this Regular Meeting of Council shall adjourn at 4:55 p.m. th to meet again on March 11, 2004. DISPOSITION: Carried th These minutes were adopted on March 11, 2004 . ___________________________ _______________________________ MAYOR CLERK