June 24, 2004 Council
M I N U T E S
OF THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGIN
WEST ELGIN COUNCIL CHAMBERS
JUNE 24, 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
ALSO PRESENT:
Ted Halwa Planning Consultant
Councillor Bodnar declared a conflict of interest with item B4 of the agenda.
SUBJECT: PUBLIC MEETING
Council adjourned to hold a Public Meeting for the Dewulf rezoning application and
resumed their Regular Session thereafter.
DELEGATION: NICK AGBABA RE: PROPOSED SEVERANCE
LOT 11, CONCESSION XII
Council reviewed an application to sever a parcel of land being 1 acre from a 75-acre
parcel located on part of Lot 11, Concession 12 for retirement purposes. The Planner
noted that the maximum size of a lot in an RR3 zone is 4000 square metres. Mr.
Agbaba agreed to reduce the lot size to 4000 square metres. Council had no objections
to the proposed severance subject to the usual conditions including only one dwelling
being permitted on the severed and retained parcels.
SUBJECT: PORT GLASGOW TOPOGRAPHIC MAPPING
The Planner presented a print of the new topographic mapping of the Port Glasgow area
for Council’s review.
SUBJECT: NUTRIENT MANAGEMENT ACT
Council reviewed a report from the Planner regarding the municipality’s manure storage
by-law and the Nutrient Management Act. The Mayor noted that an agreement had
been reached with the farmers regarding our manure storage by-law and feels should
be left as a guideline for location preferences. Council agreed not to make any changes
at this time.
Councillor Bodnar declared a conflict of interest with the next item and left the meeting.
June 24, 2004…Pg 2 of 7
SUBJECT: APPLICATION FOR CONSENT TO SEVER: S BODNAR
PART LOT 2, CONCESSION X
RES. NO. 1 Moved by Mooser
Seconded by Wiehle
RESOLVED that the Council of the Municipality of West Elgin have the
following comments regarding Severance Application E69/04 as applied
for by Steve Bodnar
Council approves the severance.
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 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
Councillor Bodnar returned to the meeting.
SUBJECT: APPLICATION FOR CONSENT TO SEVER: M. COLEMAN
108 QUEEN ST., RODNEY
Council reviewed the application noting that the location of the shed would not conform
to the zoning by-law. Either moving the lot line or moving the shed would be acceptable
to Council and the Land Division Committee be so advised.
RES. NO. 2 Moved by Wiehle
Seconded by Bodnar
RESOLVED that the Council of the Municipality of West Elgin have the
following comments regarding Severance Application E70/04 as applied
fro by Margueritte Coleman
Council approves the severance.
Conditions:
Subject to the severed parcel being merged in title with the property known
as 106 Queen Street (roll no. 092-09704)
Two copies of the registered reference plan be submitted to the
municipality.
Taxes to be paid in full
Subject to the proposed lot line be moved to bring the side yard setback
for the existing shed to 1 metre.
DISPOSITION: Carried
SUBJECT: APPLICATION FOR CONSENT TO SEVER: K DARDARIAN
PART LOT 23, CONCESSION X
RES. NO. 3 Moved by Mooser
Seconded by Balint
RESOLVED that the Council of the Municipality of West Elgin have the
following comments regarding Severance Application E72/04 as applied
for by Khorie Dardarian
June 24, 2004…Pg 3 of 7
Council approves the severance.
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 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
SUBJECT: APPLICATION FOR CONSENT TO SEVER: P & R LUPSOR
PART LOT 7, CONCESSION XII
RES. NO. 4 Moved by Mooser
Seconded by Wiehle
RESOLVED that the Council of the Municipality of West Elgin have the
following comments regarding Severance Application E73/04 as applied
for by Paul Lupsor and Roger Lupsor.
Council approves the severance.
Conditions:
Two copies of the registered reference plan be submitted to the
municipality.
DISPOSITION: Carried
SUBJECT: GENERAL INQUIRY REGARDING SIZE REQUIREMENTS FOR
SEVERED LOTS
The Mayor reported he had received an enquiry regarding the size limitation for severed
lots. The house and pond on the property are located in such a way that keeping to one
acre would create a piece of land that would not be farmed. Council agreed that a
preliminary application should be submitted.
SUBJECT: TRUCK PARKING ON MONROE STREET
Councillor Mooser reported that he and the Road Superintendent had inspected
alternative sites and they have come to the conclusion that the lands behind the Health
Centre are the best location. Councillor Bodnar inquired about lighting for security
reasons. If needed a light could be installed. Council agreed that this location should
be used for truck parking and if the land is needed for another use in the future the
trucks could be moved.
SUBJECT: CORRESPONDENCE
1.* Yvonne Cameron re: exotic pets
Instruction: Council directed that a by-law be prepared.
2. Ministry of Municipal Affairs and Housing re: public consultations on
amendments to Planning Act
Instruction: Clerk to obtain copies of consultation papers for Council. It was
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noted that there is a public information session in London on July 6.
June 24, 2004…Pg 4 of 7
3. Federation of Canadian Municipalities – Election Alert, dated June 11, 2004
Election Alert, dated June 15, 2004
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Instruction: File
4.* Tom Por re: Alfred and Fatima Carlos (McGregor Street extension)
Instruction:
RES. NO. 5 Moved by Mooser
Seconded by Bodnar
RESOLVED that Council authorize a payment to Alfredo Carlos 25% of
the actual costs of services being installed (McGregor Street) in front of roll
no. 060-10805.
DISPOSITION: Carried.
5.* Ministry of Municipal Affairs and Housing – Consultation Paper and Workbook:
Growing Strong Rural Communities
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Instruction: A special meeting of Council to be scheduled for July 7 at 9:30 a.m.
to discuss this document and the Planning Act reform documents.
RES. NO. 6 Moved by Bodnar
Seconded by Balint
RESOLVED that the correspondence be dealt with as per the instruction of
Council as noted.
DISPOSITION: Carried
SUBJECT: REQUEST FOR SIGN ON PIONEER LINE
The Deputy Mayor reported that he has received a request from the property owners at
24560 Pioneer Line for signs advising of a special needs child. Council agreed with the
request and directed the Road Superintendent to install the appropriate signs.
SUBJECT: THOMPSON DRAIN
RES. NO. 7 Moved by Mooser
Seconded by Wiehle
RESOLVED that Spriet Associates be appointed to prepare a report under
Section 78 of the Drainage Act on the Thompson Drain at the request of
Bill Keutch and that the report be submitted within six months.
DISPOSITION: Carried
SUBJECT: HESSENAUER DRAIN
RES. NO. 8 Moved by Mooser
Seconded by Bodnar
RESOLVED that Council accept the request for repair under Section 78 for
the Hessenauer Drain by John Miller.
DISPOSITION: Carried
SUBJECT: BY-LAW 2004-46 – ZONE AMENDMENT (DEWULF FAMILY FARMS)
PART LOT 14, CONCESSION IX
RES. NO. 9 Moved by Wiehle
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 Lot 14, Concession 9, from the Agricultural (A1)
Zone to the Rural Residential Three (RR3) Zone and to the “site-specific”
June 24, 2004…Pg 5 of 7
Agricultural (A1-50) Zone, and that this shall be the first and second
reading and provisional adoption thereof.
DISPOSITION: Carried
RES. NO. 10 Moved by Bodnar
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 14,
Concession 9, from the Agricultural (A1) Zone to the Rural Residential
(RR3) Zone and to the “site-specific” Agricultural (A1-50) Zone and shall
now be read a third time and finally passed, signed, sealed and numbered
By-law Number 2004-46 –Zone Amendment – Dewulf Family Farms
DISPOSITION: Carried
DELEGATION: JERRY CAMPBELL, BONNIE CAREY
LOWER THAMES VALLEY CONSERVATION AUTHORITY
Ms. Carey presented Council with a book named “The Thames”. She then gave a
power point presentation on the 2003 Annual Report.
Mr. Campbell reported that “Drinking Water Source Protection Act” has been introduced
and provides the basis for the development of source protection plans. Conservation
Authorities have been designated to develop the plans. Groundwater studies will be
used in developing these plans.
DELEGATION: WENDIE DUPUIS RE: TRAILER ASSESSMENT
Mrs. Dupuis reported that a “tag” fee has been proposed to the government. This would
apply to every seasonal trailer in every park in the province. Different fees are proposed
for: campers, trailer and add-ons. The tag fee would go directly to the municipalities.
Campground owners would purchase the tags from the municipality and in turn sell
them. It was suggested that a by-law be passed to require payment of tag fees and that
the fee would not apply to transient uses, only season users. After a meeting on June
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14 with the Deputy Minister the Association was told that consultation with the
municipalities would be the next step. Year round use would continue to be taxed under
the Assessment Act.
The Administrator/Treasurer noted that paperwork and monitoring would become
necessary and the fees should be high enough to cover these administrative costs. She
suggested that the fees be “deemed as taxes” as a mechanism for collecting unpaid
fees.
RES. NO. 11 Moved by Balint
Seconded by Wiehle
WHEREAS all assessment for trailers in seasonal campgrounds have not
been completed for 2004 leaving an uneven playing field for campgrounds,
and no indication of an amount owing for seasonal campers;
AND WHEREAS although all trailers in Ontario which fit the criteria for
assessment will be assessed, trailers in municipal, aboriginal parks and
conservation campgrounds have an opportunity to be exempt from tax
based on the content of their signed agreement;
AND WHEREAS all assessable trailers in private campgrounds will be
issued a tax bill regardless of the content of their agreement, creating an
issue of unfair competition;
AND WHEREAS the possible exemption of trailers in municipally owned
campgrounds diminishes the revenue to municipalities;
June 24, 2004…Pg 6 of 7
AND WHEREAS an alternate system (tag fee) has been proposed that
would resolve all of the above.
THEREFORE BE IT RESOLVED that the Council of the Corporation of the
Municipality of West Elgin requests the Minister of Finance to issue an
immediate moratorium on trailer assessment which sunsets on December
31, 2004. That assessment be replaced and implemented on January 1,
2005 with the proposed tag fee on all seasonal trailers regardless of size
and which campground it is parked.
AND FURTHER BE IT RESOLVED that the Council of the Municipality of
West Elgin request tag fees be high enough to compensate administrative
costs to the municipality and that uncollected fees are “deemed to be
taxes”.
DISPOSITION: Carried
SUBJECT: SUSTAINABLE WATER & SEWAGE SYSTEMS ACT, 2002
REQUEST FOR ENGINEERING SERVICES
Requests for proposals were received from the Ontario Clean Water Agency, Spriet
Associates Ltd. and Stantec Consulting Ltd. Under the legislation an Inventory and
Management Plan for the infrastructure as well as a Cost Recovery Plan will be required
for the Rodney Sewage System, West Lorne Sewage System and the West Elgin
Secondary Water System.
Presentation were made by the following outlining their approaches to the project:
1) Andy Valickis of OCWA and Ken Sharratt of Sharratt Water Management Ltd.
2) John Spriet and Chris Lierman of Spriet Associates Ltd.
3) Elvio Zaghi of Stantec Consulting Ltd.
Quotes received were:
Secondary Sewage Sewage Total
Water Rodney West Lorne
OCWA $20,500 $21,400 (combined) *$41,900
Spriet $33,500 $19,500 $18,500 $71,500
Stantec $35,150 $32,575 (combine) $67,725
*OCWA quotes would be reduced if Tri County accepts proposal for primary water
system
Optional items were included in proposals for additional costs. Council will discuss the
proposal further at the next meeting.
SUBJECT: CONFIRMATION BY-LAW
RES. NO. 12 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 June 24, 2004
and this shall be the first and second reading and provisional adoption
thereof.
DISPOSITION: Carried
June 24, 2004…Pg 7 of 7
RES. NO. 13 Moved by Wiehle
Seconded by Bodnar
RESOLVED that a By-law to confirm the proceedings of the meeting of
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Council held on June 24, 2004 be now read a third time and finally
passed, signed, sealed and numbered By-law Number 2004-47 –
Confirming By-law June 24 2004.
DISPOSITION: Carried
SUBJECT: ADJOURNMENT
RES. NO. 14 Moved by Mooser
Seconded by Wiehle
RESOLVED that this Regular Meeting of Council shall adjourn at 5:00 p.m.
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to meet again on July 8, 2004.
DISPOSITION: Carried
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These minutes were adopted on July 8, 2004
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___________________________ _______________________________
MAYOR CLERK