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May 27, 2004 Council M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS MAY 27, 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 Jeff Slater Recreation Superintendent Lloyd Jarvis Water Superintendent ALSO PRESENT: Ted Halwa Planning Consultant Councillor Bodnar declared a conflict of interest with item C3 of the agenda. DELEGATION: PROPOSED SEVERANCE, HELEN OKOLISAN MAIN STREET, WEST LORNE Mrs. Okolisan presented a sketch and letter outlining her proposal to develop the lands. Her proposal did not extend Maple Street to the former village boundary. The Planner reported that the most logical extension would be to the village limits and suggested that the turn-around could be located on the south side of the road entirely on Mrs. Okolisan’s property. Councillor Balint arrived. The next step is for Mrs. Okolisan to retain an engineer to design the road and servicing plan. The Planner questioned if the Land Division Committee (LDC) would approve or require a plan of subdivision. It was noted that the Maple Street extension should be conveyed to the municipality prior to applications being submitted to the LDC. The survey and engineering should be completed prior as well. An agreement with the municipality will be required. DELEGATION: MARKO MALETIN RE: PROPOSED SEVERANCE – LOT 15, CONCESSION XIII Mr. Maletin was not in attendance. The Planner reported that in 1989 a severance of the existing building on Talbot Line would not have been successful under the surplus provisions as there was no other place of residence in the municipality. The application was granted as a retirement lot; therefore the present request for a second retirement lot does not comply with the Official Plan. Staff to advise Mr. Maletin. May 27, 2004…Pg 2 of 6 SUBJECT: PROPOSED SEVERANCE – PART OF LOT 15, CONCESSION VI (JASINSKAS) Council reviewed an application to sever a parcel of land being 92.5 acres from a 340.27 acre parcel located on part of Lot 15, Concession 6. 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. SUBEJCT: PROPOSED SEVERANCE – PART LOT 22, CONCESSION VIII (BARTLETT) Also in attendance: Mr. Bartlett and his son Council reviewed an application to sever a parcel of land being 0.5 ha from a 1.6 ha parcel located on part of Lot 22, Concession 8. Mr. Bartlett reported that the retained lot would be conveyed to his son so that he can help with the property. The son is proposing to build a home. The proposal is not in conformity with the retirement provisions of the Official Plan and should not be supported. Councillor Balint suggested the Bartletts consider a granny flat. Councillor Bodnar declared a conflict of interest with the following item and left the meeting. SUBJECT: PROPOSED SEVERANCE – PART LOT 2, CONCESSION X (S BODNAR) Also in attendance: Steve Bodnar Council reviewed an application to sever a parcel of land being 0.4 ha. from a 20 ha. parcel located on part of Lot 2, Concession 10. As the application meets the retirement requirements of the Official Plan, Council is in support subject to the usual conditions including no residential development on the retained parcel. Councillor Bodnar returned to the meeting. SUBJECT: PROPOSED SEVERANCE – PART LOTS 3 & 4, CONCESSION I (ALDERTON) council reviewed an application to sever a parcel of land being 0.7 ha, from a 33.4 ha. parcel located on part of Lots 3 & 4, Concession 1. The application was considered under the retirement provisions of the Official Plan. It was noted that the proposed severance is larger than normally considered. Council agreed with the proposal subject to the lot being reduced to as close as possible to one acre. The usual conditions would apply including no residential development on the retained parcel. SUBJECT: CLEANING & CLEARING OF LAND BY-LAW The Planner presented a draft by-law for Council to review. This by-law would apply to external conditions, internal conditions would come under the Property Standards By- law. After discussion a number of revisions were requested, the by-law will be revised and forwarded to the municipal solicitor. SUBJECT: UNITED CHURCH, RODNEY The Deputy Mayor reported that Mr. Kelly has requested the municipality provide an opinion in writing that a severance is not required for the manse property. The Planner reported that the manse and church are on separate lots on a registered plan of May 27, 2004…Pg 3 of 36 subdivision and the manse should be able to be sold as a separate lot. A legal opinion is required to confirm this, not Council. Council directed that Mr. Kelly be so advised. SUBJECT: WEST ELGIN VARIETY 263-265 GRAHAM ROAD, WEST LORNE The Clerk presented a revised site plan, which shows the relocation of the gas pumps only. The owner has requested an exemption from site plan approval. RES. NO. 1 Moved by Mooser Seconded by Wiehle RESOLVED that West Elgin Variety be exempted from site plan approval for the relocation of the pumps at 263 Graham Road subject to: 1. closure of north entrance on Graham Road as authorized by the County Engineer 2. drainage and grades to satisfaction of Drainage Superintendent 3. fees incurred by Planning Consultant be paid in full 4. a refundable deposit of $5,000, to be refunded on satisfactory completion of works. DISPOSITION: Carried. Councillor Balint left the meeting. SUBJECT: CLOSED SESSION RES. NO.2 Moved by Bodnar Seconded by Mooser RESOLVED that the Council of the Municipality of West Elgin adjourn to a closed session to discuss litigation or potential litigation. DISPOSITION: Carried RES. NO. 3 Moved by Bodnar Seconded by Wiehle RESOLVED that the Council of the Municipality of West Elgin do now rise and report. DISPOSITION: Carried The Planner left the meeting. Councillor Balint returned to the meeting. SUBJECT: GRAY LINE CULVERT The Acting Road Superintendent reported that the culvert has worsened and he is recommending immediate repair. Spriet Associates are forwarding a plan today. The estimated cost is $15,000.00, using our own forces where possible. Council directed that the repairs be undertaken. DELEGATION: SGT. T.S. LANNING, THE ELGINS RE: BRIDGE OVER SIXTEEN MILE CREEK Also in attendance: Recreation Superintendent Sgt. Lanning presented plans and a proposed budget for the bridge replacement. After discussion on the costs of the project, Sgt. Lanning will investigate alternatives to save thth on costs. They are proposing a construction date of September 10 – 12, 2004; preparation work would be completed the week before. Sgt. Lanning will report back to Council. May 27, 2004…Pg 4 of 6 SUBJECT: PUBLIC MEETING RE: 2004 BUDGET No one in attendance. The Administrator/Treasurer presented the 2004 budget for Council review. It was reported that the water rates would increase by 20 cents per cubic, 10 for TriCounty and 10 for West Elgin. The sewer rates have not been changed, as monies will be needed in the future for replacement. The resultant tax rate is a 1.48 % increase for municipal, county rate increase is unknown. Once the education and county rates are released, the final budget will be presented. SUBJECT: CORRESPONDENCE 1.* Sobey’s – emergency exit West Lorne IGA Instruction: Council reviewed two plans for a new emergency exit. The plan showing the door as recessed was chosen as the other plan had the door opening onto the municipal sidewalk. 2.* Municipality of Dutton-Dunwich – Notice of public meeting, Comprehensive Zoning By-law Instruction: File 3.* Helen Okolisan – proposed severances Instruction: See delegation (page 1) 4.* Christiaen Vanraes – removal of tobacco kilns Instruction: Council agreed with the proposal that the three kilns would be removed this summer. SUBJECT: BY-LAW 2004-37 – AGREEMENT WITH WEST ELGIN COMMUNITY PARENT CHILD RESOURCE CENTRE RES. NO. 4 Moved by Wiehle Seconded by Balint 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 the West Elgin Community Parent Child Resource Centre and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 5 Moved by Mooser 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 the West Elgin Community Parent Child Resource Centre be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-37 – Agreement with WECPCRC – day camp/pool supervision DISPOSITION: Carried SUBJECT: LINE OF CREDIT – TONY SANTOS CONSTRUCTION (WILLIAM STREET) RES. NO. 6 Moved by Wiehle Seconded by Mooser RESOLVED that Council approve the recommendation of Spriet Associates to reduce the letter of credit on William Street to $15,000.00 DISPOSITION: Carried May 27, 2004…Pg 5 of 6 SUBJECT: SMALL LANDFILL OPERATIONS COURSE RES. NO. 7 Moved by Bodnar Seconded by Balint RESOLVED that Council authorize Sam Kirschener attend the Small thth Landfill Operations Course to be held on June 14 & 15, 2004 in Waterloo with all expenses to be paid by municipality. DISPOSITION: Carried SUBJECT: REPLACEMENT OF BRIDGE – SIXTEEN MILE CREEK RES. NO. 8 Moved by Balint Seconded by Wiehle RESOLVED that Spriet Associates be authorized to undertake a Class EA for the non-standard bridge project at Port Glasgow. DISPOSITION: Carried SUBJECT: TAX EXEMPTION FOR LEGIONS The Mayor reported that a report was considered at County Council. County staff did not support. However, County Council are going to review the financial implications. SUBJECT: USE OF RODNEY JAIL RES. NO. 9 Moved by Balint Seconded by Bodnar RESOLVED that Council authorize Tony Szabo and Scott Hilgendorff to use the Rodney jail for an art gallery and information centre. DISPOSITION: Carried SUBJECT: TENDER FOR BARRIER FREE ACCESS RAMP Also in attendance: Water Superintendent It was reported that one tender was received and an additional one after closing. Council agreed to open the second tender. Council received the following tenders for a barrier free access ramp: West Elgin Construction Ltd. $63,540.00 plus taxes Precision Concrete Ltd. $39,950.00 plus taxes RES. NO. 10 Moved by Balint Seconded by Bodnar RESOLVED that Council accept the tender of Precision Concrete in the amount of $39,950.00 for the construction of a Barrier Free Access Ramp for the old Rodney Town Hall. DISPOSITION: Carried May 27, 2004…Pg 6 of 6 SUBJECT: CONFIRMATION BY-LAW RES. NO. 11 Moved by Bodnar Seconded by Balint RESOLVED that the mover be granted leave to introduce a By-Law to th confirm the proceedings of the meeting of Council held on May 27, 2004 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 12 Moved by Mooser Seconded by Bodnar RESOLVED that a By-law to confirm the proceedings of the meeting of th Council held on May 27, 2004 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-39 – Confirming By-law May 27 2004. DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 13 Moved by Mooser Seconded by Wiehle RESOLVED that this Regular Meeting of Council shall adjourn at 4:45 p.m. th to meet again on June 10, 2004. DISPOSITION: Carried th These minutes were adopted on June 10, 2004 . ___________________________ _______________________________ MAYOR CLERK