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July 22, 2004 Council M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS JULY 22, 2004 MEMBERS PRESENT: Deputy Mayor Bernie Wiehle Councillors Trudy Balint, Mary Bodnar, Michael Mooser STAFF PRESENT: Norma Bryant Clerk Lorne McLeod Chief Building Official Lloyd Jarvis Water Superintendent ALSO PRESENT: Ted Halwa Planning Consultant SUBJECT: CLACHAN HALL ROOF The following quotations were received by Council for the replacement of the Clachan Hall roof: Bob Doherty $9,239.00 plus taxes Ed Schneider $8,975.00 plus taxes RES. NO. 1 Moved by Balint Seconded by Mooser RESOLVED that Council accept the quotation form Ed Schneider in the amount of $8,975.00 plus GST for replacement of the roof on Clachan hall. DISPOSITION: Carried SUBJECT: SITE PLAN APPROVAL The Chief Building Official requested direction from Council regarding imposing site plan approvals. Are there guidelines that staff could follow? He reported that before the permit application is made, he suggests that the site plan approval process be started. If a formal application is made first we would know exactly what is being applied for. However under the new legislation that comes into force next July there will be timelines that have to be complied with, which will create problems. The Planner noted that under each Official Plan, site plan approval is required for more that 2 residential units, all commercial, industrial, institutional buildings or structures. It does not apply to agricultural buildings. The Planning Act limits site plan approval to buildings or structures only. After discussion, Council directed that staff prepare a policy for Council review. July 22, 2004…Pg 2 of 7 SUBJECT: PROPOSED SEVERANCE APPLICATION – J.A. ROSS & SONS WEST LORNE Council reviewed a proposed severance application for the holdings of J.A. Ross & Sons. It is proposed to create three separate parcels. One for the IGA building and its parking lot, the second for the building (recently occupied by the Community Health Centre) and the third for a residential dwelling that fronts on Graham Road. Councillor Balint inquired about parking requirements for parcel #2. The Planner reported that parking requirements are 1 space per 30 square metres. Further affecting this proposed lot, a rear setback of 3 metres to residential is required. Council agreed that the rear yard and parking issues need to be reviewed and that the applicant be advised. SUBJECT: DRAFT CLEANING & CLEARING OF LAND BY-LAW The Planner reported that comments had been received from the municipal solicitor. The Planner and Clerk have reviewed the solicitor’s comments and the changes requested are minor in nature. Our lawyer recommended that derelict motor vehicles and abandoned motor vehicles have separate definitions. Staff have requested a definition be provided. The Planner reported that even though there will be two definitions, the same restrictions will apply. SUBJECT: “GROWING STRONG RURAL COMMUNITIES” The Planner reported that the Ministry requests that the workbook be completed and submitted. He and the Clerk have discussed the questions. The Planner presented the workbook and after some revisions Council agreed with that the document be submitted. The Planner noted that the brief regarding rural communities that was previously requested is not ready and advised he would contact the Ministry to ascertain the final deadline. SUBJECT: PROPOSED SEVERANCE – PART LOT 19, CONCESSION XI (STUART) Council reviewed a proposed severance application for lands located in Lot 19, Concession 11. It is proposed that lands at the rear of the property (562 feet deep) be severed and added to an adjacent lot. On the applications it is noted that the proposed use is for trees and gardens. Council raised concern on the proposed use of the land. It was agreed that the municipality would require as a condition of severance that trees would be planted extensively. They noted that the County definition of “woodlot” could be used as an example. The Planner left the meeting. SUBJECT: CORRESPONDENCE 1.* St. Ilijah Serbian Orthodox Church re: festivities on Sunday August 1, 2004 Instruction: RES. NO. 2 Moved by Balint Seconded by Bodnar RESOLVED that Council has no objections to the St. Ilijah Serbian Orthodox Church holding a celebration picnic including the serving of alcohol on August 1, 2004 at their church in Eagle . DISPOSITIONCarried : July 22, 2004…Pg 3 of 7 2.* Enchanted Hideaway – request for provision of water service Instruction: RES. NO. 3 Moved by Mooser Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin accepts the petition from Enchanted Hideway Inc. to request connection to the Municipal Waterline on Grey Line, and this request will be forwarded to the Water Superintendent for a costing estimate and review. DISPOSITION: Carried 3. Ministry of Environment – Amended Certificate of Approval for Water Treatment Plant Instruction: File 4.* Rodney Aldborough Agricultural Society – insurance for fireworks display Instruction: RES. NO. 4 Moved by Balint Seconded by Bodnar RESOLVED that Council supports the Rodney Aldborough Agricultural Society (RAAS) holding a fireworks display on September 18, 2004 and agrees that RAAS be name as co-insured on the Municipality of West Elgin insurance policy for said event. DISPOSITION: Carried 5.* Rodney Aldborough Agricultural Society – Fair Parade, September 18, 2004 Instruction: RES. NO. 5 Moved by Mooser Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin Council supports the request of the Rodney Aldborough Agricultural Society to close Furnival Road between Victoria Street and Queen Street on Saturday, September 18, 2004 from 11:00 a.m. to 12:30 p.m. DISPOSITION: Carried 6.* Leisure Heights – request for provision of water service. Instruction: RES. NO. 6 Moved by Balint Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin accepts the petition from Leisure Heights to request connection to the Municipal Waterline on Grey Line, and this request will be forwarded to the Water Superintendent for a costing estimate and review. DISPOSITION: Carried RES. NO. 7 Moved by Bodnar Seconded by Mooser RESOLVED that the correspondence be dealt with as per the instruction of Council as noted. DISPOSITION: Carried July 22, 2004…Pg 4 of 7 SUJBECT: BY-LAW 2004-52 – AGREEMENT WITH A & F CARLOS (MCGREGOR STREET) RES. NO.8 Moved by Bodnar Seconded by Mooser RESOLVED that the mover be granted leave to introduce a By-Law to authorize the execution of an agreement between the Corporation of the Municipality of West Elgin and Alfredo and Fatima Carlos and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 9 Moved by Balint Seconded by Bodnar RESOLVED that a By-law to authorize the execution of an agreement between the Corporation of the Municipality of West Elgin and Alfredo and Fatima Carlos be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-52 – Agreement with A & F Carlos – McGregor Street DISPOSITION: Carried SUBJECT: BY-LAW 2004-53 – FEES AND CHARGES – RECREATION RES. NO. 10 Moved by Balint Seconded by Mooser RESOLVED that the mover be granted leave to introduce a By-Law to establish various fees and tariffs for services provided by the Recreation Department of the Municipality 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 establish various fees and tariffs for services provided by the Recreation Department of the municipality be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-53– Fees and Charges – Recreation DISPOSITION: Carried SUBJECT: BY-LAW 2004-54 – FEES AND CHARGES – PORT GLASGOW TRAILER PARK RES. NO. 12 Moved by Mooser Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-Law to establish various fees and tariffs for services provided by the Port Glasgow Trailer Park shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 13 Moved by Bodnar Seconded by Mooser RESOLVED that a By-law to establish various fees and tariffs for services provided by the Port Glasgow Trailer Park be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-54– Fees and Charges – Port Glasgow Trailer Park DISPOSITION: Carried July 22, 2004…Pg 5 of 7 SUBJECT: BY-LAW 2004-56 – ZONE AMENDMENT (VAN BEMMEL) PART LOT 14, CONCESSION I RES. NO. 14 Moved by Mooser Seconded by Balint 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 14, Concession 1, from the Agricultural (A1) Zone to the “site-specific” Agricultural (A1-47) Zone, and that this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 15 Moved by Bodnar 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 14, Concession 1, from the Agricultural (A1) Zone to the “site-specific” Agricultural (A1-47) Zone and shall now be read a third time and finally passed, signed, sealed and numbered By-law Number 2004-56 –Zone Amendment – Van Bemmel DISPOSITION: Carried SUBJECT: BY-LAW 2004-57 – AMEND BY-LAW 2004-16 (PORT GLASGOW TRAILER PARK) The Clerk reported that the trailer owners have reviewed the revised policy and they have agreed to the wording. RES. NO. 16 Moved by Balint Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-Law to amend By-law 2004-16 being 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. 17 Moved by Mooser Seconded by Balint RESOLVED that a By-law to amend By-law 2004-16 being 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 2004-57 – Amend By-law 2004-16 (Port Glasgow Trailer Park) DISPOSITION: Carried SUBJECT: BY-LAW 2004-58 – AGREEMENT W ITH GREENTREE GAS & OIL RES. NO. 18 Moved by Mooser Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-Law to authorize the execution of an agreement between the Corporation of the Municipality of West Elgin and Greentree Gas & Oil Ltd. and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried July 22, 2004…Pg 6 of 7 RES. NO. 19 Moved by Mooser Seconded by Balint RESOLVED that a By-law to authorize the execution of an agreement between the Corporation of the Municipality of West Elgin and Greentree Gas & Oil be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-58 – Agreement with Greentree Gas & Oil DISPOSITION: Carried DELEGATION: PRESENTATION TO BRUCE BOUGHNER The Deputy Mayor presented Bruce Boughner, Roads Foreman, with a certificate showing the completion of Certified Road Superintendent - Senior (CRS-S). The Deputy Mayor congratulated Bruce on behalf of Council. Bruce thanked Council for the opportunity to complete the certificate. SUBJECT: ENGINEERING SERVICES FOR RE-PAINTING RODNEY WATER TOWER The Water Superintendent presented two cost estimates received for engineering services for the re-painting of the elevated water tank in Rodney: Stantec Consulting $14,125.00 plus taxes OCWA $14,177.00 plus taxes The Water Superintendent reported that Stantec would conduct weekly inspections whereas OCWA have proposed two visits only. RES. NO. 20 Moved by Mooser Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin accepts the cost estimate from Stantec Engineering in the amount of $14,125.00 plus taxes for engineering services for the painting of the Rodney Water Tower. DISPOSITION: Carried SUBJECT: HESSENAUER DRAIN The Clerk reported that correspondence has been received from the Lower Thames Valley Conservation Authority waiving the 30 day environmental review period. RES. NO. 21 Moved by Mooser Seconded by Bodnar RESOLVED that Spriet Associates be appointed to prepare a report under Section 78 of the Drainage Act on the Hessenauer Drain at the request of John Miller and that the report be submitted within six months. DISPOSITION: Carried SUBJECT: SIDEWALK CONSTRUCTION – MAIN STREET, WEST LORNE Councillor Mooser requested that a different approach for clean-up after sidewalk construction be taken. The sidewalks recently repaired in West Lorne created a lot of dust as the cement was planed and it wasn’t cleaned up when wet. July 22, 2004…Pg 7 of 7 SUBJECT: DOWNHILL DERBY Councillor Bodnar enquired why another street other than the main streets could be used so that these roads are not closed. Councillor Balint reported that there is a certain width of street needed for safety reasons. The Downhill Derby Committee have previously reviewed other streets but the widths were not enough. SUBJECT: CONFIRMATION BY-LAW RES. NO. 22 Moved by Balint Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-Law to nd confirm the proceedings of the meeting of Council held on July 22, 2004 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 23 Moved by Mooser Seconded by Balint RESOLVED that a By-law to confirm the proceedings of the meeting of nd Council held on July 22, 2004 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-59 – Confirming By-law July 22 2004. DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 24 Moved by Mooser Seconded by Bodnar RESOLVED that this Regular Meeting of Council shall adjourn at 12:30 th p.m. to meet again on August 12, 2004. DISPOSITION: Carried th These minutes were adopted on August 12, 2004 . ___________________________ _______________________________ MAYOR CLERK