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March 25, 2004 Council M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS MARCH 25, 2004 MEMBERS PRESENT: Mayor Graham Warwick, Deputy Mayor Bernie Wiehle Councillors Trudy Balint, Mary Bodnar STAFF PRESENT: Joanne Groch Administrator/Treasurer Norma Bryant Clerk Lloyd Jarvis Water Superintendent John Ungar Drainage Superintendent ALSO PRESENT: Ted Halwa Planning Consultant DECLARATION OF PECUNIARY INTEREST: The Deputy Mayor declared a pecuniary interest in Item B7 and Councillor Balint declared a pecuniary interest with Item C3. DELEGATION: TONY SANTOS, WEST LORNE HOLDINGS RE: PROPOSED SEVERANCES, RIDGE STREET, WEST LORNE The Planner reported that the proposal is to create three residential building lots from a vacant parcel of land located at the westerly end of Chestnut Street in West Lorne. The lands are designated Residential in the Official Plan and he referred to the policy that the development should be appropriate for what is proposed and be compatible with neighbouring lots. The proposed lot frontage (60 feet), depth (400 feet) and lot area (1/2 acre) are not. The lot depth proposed is 7 to 1 (to frontage), whereas the by-law refers to 3 to 1. The Planner suggested a better plan would be to extend Chestnut Street and create lots on one side and allow for future development on south side. Mr. Santos noted that a temporary turn around would be required for municipal equipment. The Planner agreed but that there is the possibility of creating 8 lots at 50 feet wide. Councillor Balint reported that the neighbours were not supportative of the townhouse development that was previously proposed. Same setback should be imposed. The Planner noted that the rear of the proposed lots would not be used. Mr. Santos noted that perhaps the rear of the lots could be sold to lots on Elm Street, some owners have approached him. Council directed that Mr. Santos investigate and bring back a revised proposal. March 25, 2004…Pg 2 of 7 DELEGATION: KEN ROODZANT RE: PROPOSED SEVERANCE – PART LOT 8, CONCESSION XII Mr. Roodzant presented a revised sketch showing the location of the silo and barn. Each is very close to the proposed lot line. The Planner noted that these buildings are too close to the lot line and in this case a jog should be allowed. A setback of one metre could be considered. Council agreed with this concept. DELEGATION: HELEN OLOKISAN RE: PROPOSED SEVERANCE, MAIN STREET, WEST LORNE Mrs. Okolisan reported to Council that she is agreeable to opening Maple Street to allow access to the two proposed lots in the rear of the lands. The proposed extension would be approximately 200 feet at 66 feet wide. A turnaround may be required. The construction of the road would be a condition of severance. Council agreed with the proposal. SUBJECT: PROPOSED SEVERANCE – PART OF LOT 23, CONCESSION X (DARDARIAN) Council reviewed an application to create a lot on Lot 23, Concession 10 under the surplus provisions of the Official Plan. It was noted that no further residential development will be allowed on the retained portion. The Planner noted that a one metre setback is required from the existing buildings to the proposed property line. Council has no objections to the proposal subject to the usual conditions. SUBJECT: PROPOSED SEVERANCE – PART LOT 14, CONCESSION VII (DURER) Council reviewed an application to create a lot for retirement purposes on Lot 14, Concession 7. Council agreed in principle with the proposal subject to the usual conditions including no residential development on the retained parcel. SUBJECT: PROPOSED SEVERANCE – CALVARY UNITED CHURCH, RODNEY (219 STINSON STREET) Council reviewed an application to sever the manse from the church property located on Stinson Street in Rodney. The setbacks of the existing building should be checked to ensure conformity with the zoning by-law. Council has no objections to the proposal. SUBEJCT: PROPOSED RELOCATION OF PUMPS – WEST ELGIN VARIETY 263-265 GRAHAM ROAD, WEST LORNE The Planner presented a proposed layout showing the relocation of the gas pumps, closure of northern entrance onto Graham Road. The Chief Building Official has reviewed the proposal and has no objections to the proposal. Councillor Balint raised the issue about drainage that is a problem in this area and wants the situation to be fixed. Council directed that the Drainage Superintendent review the proposal. DELEGATION: CHANTELLE ELLIS RE: CLACHAN HALL PROPOSAL The Planner reviewed the proposal: 1. Dedication to the municipality – rear of Roelofs property (where house is located) plus 35 metre X 71 metre parcel abutting to the east. The proposed septic field and well for the Clachan Hall will be located on this parcel. 2. Easement provided over Lindsay’s property from hall to septic and well. March 25, 2004…Pg 3 of 7 3. Severance of two lots (east of dedicated lot to municipality) The parcel to remain with Roelf house should be reviewed with regard to zoning requirements and this may affect the amount left for the municipality. It was reported that the Health Unit has agreed in principle with the proposal. With regard to the proposed two new lots, it was noted that in exchange for the lands to be dedicated to the municipality, it is requested that the municipality would cover the cost of severance application and legal expenses. It will be the owner’s responsibility to satisfy the Health Unit requirements. Council agreed with this proposal. It was reported that to satisfy the Trillium application a lease agreement would be required. Staff were directed to prepare the agreement for Council authorization. DELEGATION: MARKO MALETIN RE: PROPOSED SEVERANCE – LOT 15, CONCESSION XIII Mr. Maletin requested Council give further consideration to his request to sever the house from the farmland. He has a buyer who is interested in the land but not the house. The Mayor noted that a retirement lot was previously granted for Mr. Maletin. The Planner reported that surplus provisions wouldn’t work as the house was built in 1994. Mr. Maletin’s total holdings are 200 acres. The Planner was directed to review the matter and report back to Council. The Deputy Mayor declared a conflict of interest with the following item and left the meeting. SUBECT: PROPOSED SITE PLAN – ERIE FLOORING Also in attendance: Water Superintendent, Harry Kondratas, Allan Vandenbrink The Planner reported that a draft agreement is being prepared. The Chief Building Official and Drainage Superintendent will be reviewing the drainage plans. The Water Superintendent has requested the following information: ? Amount of discharge and where to ? Composition of biosolids ? Confirmation of water demand ? Fire protection needs and where Council determined that more time is needed to discuss this project and agreed to meet st again on Thursday April 1 at 9:30 a.m. The Deputy Mayor returned to the meeting. SUBJECT: SERVICING RESIDENTIAL LOT ON MCGREGOR STREET The Water Superintendent noted that Alfred Carlos wishes to build on his lot on McGregor Street. The sanitary sewer ends at his property line. Council determined that he should extend the sanitary sewer to the middle of his lot (66 feet) with an 8” pipe. RES. NO. 1 Moved by Balint Seconded by Bodnar RESOLVED that Council authorize a frontage charge of $1500.00 for Alfredo Carlos to connect to sanitary sewer. DISPOSITION: Carried March 25, 2004…Pg 4 of 7 SUBJECT: GRAY LINE WATERLINE The Water Superintendent explained to Council that there is an erosion problem along the lakefront of the properties on Gray Line. Some of the buildings are now located within the 100 year erosion limit. The Planner reported that these buildings would still conform to the zoning by-law if legally built. With regard to the issue of the waterline, the Planner suggested that each property owner sign a waiver acknowledging that the provision of water cannot be construed that a further building permit would be available. Council agreed that the waterline could proceed and that a draft waiver be brought back for review. SUBJECT: DRAINAGE SUPERINTENDENT The Drainage Superintendent appeared before Council to provide an opportunity to discuss drainage matters. The Mayor inquired if the municipality should have clean-out program. The Drainage Superintendent reported that the on-request basis works well and further during tile inspections he discusses the need for clean-outs. Now that the Department of Fisheries and Oceans classify the drains, they can request a new report for clean-outs, but this usually doesn’t happen. DELEGATION: ROB LINDSAY, COUNTY TREE COMMISSIONER DRAFT WOODLANDS CONSERVATION BY-LAW Also in attendance: Vic Fisher, Khorie Daradarian, Steve Simon, Betty & Don McKillop, Bruce Kriter, Don Watterworth, Jerry Shnekenburger, Al McGregor, Norm Miller, Don Ciparis, Bob Campbell, Rick Howard Mr. Lindsay reported that under the new Municipal Act, a new by-law must be passed by December 31, 2005 if a municipality wants to prohibit or regulate the destruction or injuring of trees. He reviewed the highlights of the draft by-law for those in attendance. Mr. Lindsay requested that all comments be provided in writing. The following points were raised: ? Drainage Act should be cited as an exemption in the by-law ? Under the Drainage Act if an environmental impact study is requested, the County would have to pay for it ? Where acreage is noted, it refers to that of one roll number ? Dislike of reference to destruct and injure, should refer to harvest ? What is input from Elgin Woodlot Association, Elgin Stewardship Group, environmental groups? ? Fees will offset costs of program and are collected and retained by County ? Why need for permit system when notice system worked? ? Will a permit be required for each lot? ? If for own use, no permit is required. ? When is a fencerow considered significant? ? Why is there a requirement to post signs? ? Why notify Tree Commissioner 24 hours prior? ? Why ownership of 2 years? ? Definition of tress will refer to Schedule A ? Time consuming to cut trees down to 2 metres in height th Mr. Lindsay noted that the County will host a meeting on April 27 at 7 p.m. He reiterated that the County wants comments in writing. If someone wishes to speak to County Council need to provide points in writing 8 days prior. The Planner left the meeting. March 25, 2004…Pg 5 of 7 DELEGATION: CAROLYN GUEST, JANE MCCOLL RODNEY HORTICULTURAL SOCIETY Mrs. Guest appeared before Council to discuss their plans for improvements in Rodney. They are proposing to install wrought iron planters on the old Rodney Townhall building. They request that the brick and cement work be repaired prior to their installation. The Administrator/Clerk reported that this is being looked at. In front of the Laundromat they are proposing a freestanding planter and have permission from the owners. The planters can be removed for the winter if that is a problem. Staff to review location and maintenance issues. Mrs. Guest also reported on proposed projects for old Jail, mini park where bell is located at Community Centre, improvements at Queen Street east gate. SUBJECT: PRELIMINARY BUDGET FOR WEST LORNE COMMUNITY CENTRE (ARENA) The Administrator/Treasurer presented a summary of the 2003 budget and 2003 actual. The deficit is related to additional expenses relating to the dehumidifier stand, maintenance on refrigeration and zamboni. The proposed budget for 2004 was presented and it was noted that the Arena Board and Municipality of Dutton/Dunwich have approved the budget. It was reported that the percentage used for contribution will be reviewed this year and could change slightly. RES. NO. 2 Moved by Balint Seconded by Wiehle RESOLVED that Council accept the preliminary arena budget submitted subject to the approval of the final municipal budget. DISPOSITION: Carried SUBJECT: CORRESPONDENCE 1. Municipality of Dutton/Dunwich re: zoning by-law amendment Part of Lot 2, Concession VIII Instruction: File 2.* Fred & Pamela Demers re: laneway (Pt. Lot 7, Concession XIV) Instruction: Clerk to contact neighbours for input and determine existing use of laneway. Councillor Balint declared a conflict of interest with the following and left the meeting 3.* West Lorne RCACC re: request for waiver of fees for use of arena on June 12, 2004 at 1 p.m. for Second Annual Inspection RES. NO. 3 Moved by Wiehle Seconded by Bodnar 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 June 12, 2004 from 1:00 p.m. for the Second Annual Inspection of the #2884 West Elgin Army Cadet Corps. DISPOSITION: Carried Councillor Balint returned to the meeting. 4.* Four Counties Health Services: Press release Instruction: File March 25, 2004…Pg 6 of 7 5. Dutton Co-operative Child Care Centre: initiation to Open House, Wednesday, st March 31, 6:30 to 8:00 p.m. Instruction: File rd 6. Chatham Rural Summit, Friday April 23, 1:00 to 5:00 p.m. at Wheels Inn, Chatham Instruction: File 7.* County of Elgin re: Wastewater Treatment Plan at Elgin Manor Instruction: Clerk to send letter indicating we are interested in project. 8. Dillon Consulting re: Municipality of Central Elgin Wastewater Treatment Plant Class EA Instruction: File 9.* Christiaen VanRaes re: request for extension to kiln agreement Instruction: New agreement be prepared to reflect request * Information enclosed RES. NO. 4 Moved by Bodnar Seconded by Balint RESOLVED that the correspondence be dealt with as per the instruction of Council as noted. DISPOSITION: Carried SUBJECT: ACCOUNTS RES. NO. 5 Moved by Wiehle Seconded by Bodnar RESOLVED that the Mayor and Administrator/Treasurer be and they are hereby authorized to sign Payment Voucher #3 amounting to $1,427,451.21, in settlement of General, Road, Water and Arena Accounts (including cheques #9215-9441). DISPOSITION: Carried SUBJECT: STREET RENAMING The Clerk reported that there is no cost to change address for drivers license, vehicle plate registration, health card, and bank. The only cost would be for new cheques. Further Canada Post has offered postage paid change of address cards for those affected. RES. NO. 6 Moved by Balint Seconded by Bodnar RESOLVED that Council change the number range for Jane Street in West Lorne to 1000 by adding the digit one to the original house number. DISPOSITION: Carried SUBJECT: NEWPORT DRAIN The Clerk reported that the report for the Newport Drain has been received and it along with the invoice has been forwarded Harvey Newport. March 25, 2004…Pg 7 of 7 SUBJECT: CLOSED SESSION RES. NO. 7 Moved by Balint Seconded by Bodnar RESOLVED that Council of the Municipality of West Elgin adjourn to a closed session to discuss personal matters about an identifiable individual. DISPOSITION: Carried RES. NO. 8 Moved by Wiehle Seconded by Balint RESOLVED that Council of the Municipality of West Elgin do now rise. DISPOSITION: Carried SUBJECT: FULL-TIME EMPLOYEE – RECREATION DEPARTMENT RES. NO. 9 Moved by Balint Seconded by Bodnar RESOLVED that Council of the Corporation of the Municipality of West Elgin agrees that the probationary period has been completed to the satisfaction of the municipality and that full-time status be granted for the following employee: EMPLOYEE EFFECTIVE DATE Adam Ecker March 1, 2004 DISPOSITION: Carried SUBJECT: CONFIRMATION BY-LAW RES. NO. 10 Moved by Bodnar Seconded by Wiehle RESOLVED that the mover be granted leave to introduce a By-Law to th confirm the proceedings of the meeting of Council held on March 25, 2004 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 11 Moved by Balint Seconded by Bodnar RESOLVED that a By-law to confirm the proceedings of the meeting of th Council held on March 25, 2004 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-22 – Confirming By-law March 25 2004. DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 12 Moved by Wiehle Seconded by Bodnar RESOLVED that this Regular Meeting of Council shall adjourn at 4:35 p.m. th to meet again on April 8, 2004. DISPOSITION: Carried th These minutes were adopted on April 8, 2004 . ___________________________ _______________________________ MAYOR CLERK