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October 28, 2004 Council M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS OCTOBER 28, 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 Roads Superintendent ALSO PRESENT: Ted Halwa Planning Consultant DECLARATION OF PECUNIARY INTEREST: Councillor Bodnar declared a conflict with Public Meeting for the Bodnar rezoning. Council adjourned to hold a Public Meeting for the Bodnar rezoning application and resumed their Regular Session thereafter. SUBJECT: CLACHAN HALL The Mayor reported that the Clachan Hall Committee recently met and are aware of the position of the Elgin St. Thomas Health Unit regarding servicing (see correspondence #6). The Committee is looking to eliminate the need to cross property to service the Hall, purchasing property rather than using an easement. Further, the Committee through its fundraising efforts would pay for the purchase of the required property and the lands would be deeded to the municipality. The Deputy Mayor noted that this approach would cost less than getting MOE approval. Council agreed with this approach. Council adjourned to hold a Public Meeting for the Baptist Convention rezoning application and resumed their Regular Session thereafter. SUBJECT: BY-LAW 2004-76 – ZONING AMENDMENT – 214 MONROE STREET BAPTIST CONVENTION OF ONTARIO & QUEBEC RES. NO. 1 Moved by Bodnar Seconded by Balint RESOLVED that the mover be granted leave to introduce a By-law to amend the Village of Rodney Zoning By-law No. 89-10, to change the zoning of lands on Lot 7, Block G, Registered Plan 82, from the Institutional (I) Zone to the “site-specific” Residential First Density (R1-4) Zone, and that this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried October 28, 2004…Pg 2 of 8 RES. NO. 2 Moved by Wiehle Seconded by Bodnar RESOLVED that a by-law to amend the Village of Rodney Zoning By-law No. 89-10, to change the zoning of lands on Lot 7, Block G, Registered Plan 82, from the Institutional (I) Zone to the “site-specific” Residential First Density (R1-4) Zone and shall now be read a third time and finally passed, signed, sealed and numbered By-law Number 2004-76 – Zone Amendment – Baptist Convention of Ontario & Quebec DISPOSITION: Carried DELEGATION: PROPOSED SEVERANCE – MCKILLOP PART OF LOTS 16 & 17, CONCESSION XII Mr. McKillop appeared before Council to present two proposed severances. The first is essentially a boundary correction to change the boundary from the top of the bank of the Jeffrey Drain to the middle of the drain for a previous severance. The second severance is to create an 85-acre parcel. The Planner reported that there is no basis in the Official Plan to approve the second severance. It creates an unusual configuration. Mr. McKillop noted that the proposed lot line follows the watercourses; they are not actually municipal drains. He believes it is not good planning to have 350 acres available on three waterways. He is concerned this would lead to a large farm operation, which would conflict with the Village of Eagle so close by. None of the surrounding farms are greater than 200 acres. The Mayor noted that provincial policy does not support fragmentation of farmland. A good case must be made to support this. The Planner noted that the Official Plan does permit disassembling of farms into more efficient units but is difficult to make that case in this proposal. Watercourses are not always ideal boundaries as they can move. Mr. McKillop noted that these are wide gulleys and create a natural division. Council did not support the second proposal. DELEGATION: PROPOSED SEVERANCE – HELEN OKOLISAN PART LOT 35, PLAN 199 Also in attendance: Carla Okolisan Mrs. H. Okolisan noted due to costs of extending Maple Street she is now proposing two lots fronting on Main Street. The first being 66 feet by 132 feet and the second being 77.33 feet wide by 252.24 feet deep. Mrs. Okolisan noted that access to the farm is gained through Maple and Elm Streets. The Planner raised concern about the depth of the second parcel and that is should be 132 feet deep only with the balance of the holdings merging with the farm property. Mrs. H. Okolisan noted that the second parcel would be for Larry and Carla Okolisan. The Clerk inquired if this parcel will be merged in title with their property located as 236 Main Street. Carla Okolisan reported that the rear of their property (236 Main Street) would not be developed for residential, as their swimming pool is located there. October 28, 2004…Pg 3 of 8 Council did not support the proposal as submitted and directed that a new sketch be prepared. Council is in agreement with one lot being created and the second proposed lot be merged with Larry and Carla’s lot. SUBJECT: UPDATE ON MELODY CHURCH OMB APPEAL Our solicitor has reported that the appellants have examined a number of alternate sites and have determined that none are suitable. Further, they are undertaking the Environmental Impact Study. Councillor Mooser requested a letter be sent indicating that they should not be using the “shed” as a meeting place. Councillor Balint advised that she had received phone calls reporting this as well. Staff to investigate proper procedure to be followed and take necessary action. SUBJECT: PROPOSED SEVERANCE – BROWN 143 FURNIVAL ROAD, RODNEY Council reviewed a proposed severance of 110 feet by 190 feet for 143 Furnival Road. The depth of the application is necessary to keep the garage/green house in the severed lot. The Planner noted that proposed lot is three times larger than the required minimum of the zoning by-law and recommends a reduction in size. Council agrees with the proposed severance. SUBJECT: SCHEDULING OF A SPECIAL PLANNING MEETING The Planner requested a special meeting be scheduled to discuss Port Glasgow and the th new Official Plan. It was agreed that the meeting be held on Thursday November 18 at 9:30 a.m. at the West Lorne Complex. SUBJECT: PETITION REGARDING RADIO ANTENNAE, LAKEVIEW ESTATES Council received a letter from Mr. and Mrs. Price with an attached petition regarding proposed radio antennae on Lot 17, Plan 11M-65, located at the corner of Graham Road and Gray Line. The authors are not in favour of the tower. It was reported that the Building Officials have met with the owner and he is a ham radio operator and this tower is for his personal use. The Planner reported that the zoning by- law provides for height exemptions for towers and antennas. Council directed that a letter be sent in this regard. SUBJECT: PROPOSED SEVERANCES The Mayor noted a concern with regard to the number of times the same property is being brought forward for consideration of a proposed severance. This process is costing the municipality money in terms of Council, staff and consultant time. After discussion it was agreed that a user fee of $100.00 would be imposed for the second time a proposal was submitted for the same property. Further, that the cut-off date for proposed severances would be the Wednesday prior to the meeting to allow staff to review the application and obtain further information that would assist Council in their review. October 28, 2004…Pg 4 of 8 DELEGATION: DR. MARDEL, ROSALIE KREBZ, LAURA WALL SMOKE FREE ST. THOMAS-ELGIN Dr. Mardel reported on the health effects of second hand smoke and requested the municipality to enact a 100% smoke free public and working places by-law by March 1, 2005. They are also requesting the County to enact a by-law. Second hand smoke is the most significant indoor health hazard with no regulations. We must protect the health of our citizens. Dr. Mardel presented a copy of the OMA Position Paper on this matter and a copy of the City of St. Thomas By-law 89-2004, which comes into force on March 1, 2005. Rosalie Krebz noted that this area has a number of tobacco farmers and this is not an attack on them. We need food more than disease. Transition funding should be sought from the provincial government for these farmers. She reported that a smoke free environment helps some to quit or smoke less. We need to protect our workers. This is a health issue. She requested that the municipality not wait for the province to enact legislation as this could take 3 years; the municipality has the authority to make a decision now. Councillor Mooser thanked Dr. Mardel and Mrs. Krebz for their presentation. He noted that the municipality is in a dilemma, as our farmers need our support too. Laura Wall noted that we should pressure the province for funding to help the farmers. With regard to enforcement it has been found that the by-laws are self-enforcing and have high compliance. DELEGATION: NORMA SCHNEKENBURGER, BARB CAMPBELL, PETER JOCIUS WEST ELGIN CITIZENS’ GROUP FOR RURAL EDCUATION Mrs. Schnekenburger reported that $31 million would be available from the province for rural schools. The problem is the definition of rural schools. In Thames Valley there are 54 rural schools to share $1.1 million. They have met with policy makers of the Ministry of Education to work on a new definition of small schools. If the definition doesn’t change then the situation won’t change. School closing policy is also being worked on. Need to increase influence of coalition by including other groups and areas, and involve businesses. Mrs. Campbell reported on their activities in the past 25 months, including the creation of an Ontario-wide Citizen Coalition for Small Schools. They have attended meetings, distributed letter write-in packages, organized petitions, placed articles in local newspapers, corresponded with Ministry of Education and ensured representation at such meetings as board and accommodation committees. Mr. Jocius reported that they have received $850.00 in donations and $2500.00 of in- kind services to date. He presented a proposed 2004-2005 budget for Council review. Of special note is the upcoming summit in Cornwall where the Minister and his staff will be discussing “small high schools”. RES. NO. 2 Moved by Mooser Seconded by Balint RESOVLED that Council authorize a grant of $2000 to the West Elgin Citizens’ Group for Rural Education. DISPOSITION: Carried October 28, 2004…Pg 5 of 8 SUBJECT: CORRESPONDENCE .1* Employment Services Elgin – request for letter of support Instruction: Letter of support to be prepared by the Clerk on behalf of the Mayor and Council 2. Children’s Health Foundation – permission to sell raffle tickets Instruction: File 3.* Municipality of Dutton/Dunwich – copy of correspondence to County of Elgin re: Elgin County Road Network Instruction: File 4.* Santa Claus Parade Committee, West Lorne – request for support of road closure Instruction: RES. NO. 3 Moved by Bodnar Seconded by Balint RESOLVED that Council of the Municipality of West Elgin supports the request of the West Lorne Santa Claus Parade Committee to close Graham Road from Gilbert Street to Maple Street and Main Street from th Ridge Street to Wood Street on Friday November 26, 2004 from 7:00 p.m. to 8:00 p.m. DISPOSITON: Carried 5.* Santa Claus Parade Committee, Rodney – request for support Instruction: RES. NO. 4 Moved by Mooser Seconded by Wiehle RESOLVED that Council of the Municipality of West Elgin supports the request of the Rodney Santa Claus Parade Committee to close Queen Street from Flora Street to Furnival Road and Furnival Road from Queen th Street to Victoria Street on Saturday December 11, 2004 from 5:15 p.m. to 6:30 p.m. DISPOSITION: Carried 6.* Elgin St. Thomas Health Unit – Clachan Hall Instruction: File 7.* Branika Savic – Queens Line Instruction: See report below. RES. NO. 5 Moved by Bodnar Seconded by Balint RESOLVED that the correspondence be dealt with as per the instructions of Council as noted. DISPOSITION: Carried SUBJECT: USE OF QUEENS LINE The Mayor reported that last week due to construction on Highway 401 trucks were using our roads as a diversion. Next week construction will be on the westbound side of the highway. Staff responded as soon as they could and set up signs to redirect the traffic. They spoke with TWD, the contractor and the OPP for assistance. October 28, 2004…Pg 6 of 8 Councillor Mooser asked why staff took so long to respond. Councillor Balint asked what authority do we have to stop trucks from using our roads. Should we have a year-round weight restriction? Who policies that? The Road Superintendent reported that the road was not closed so the EDR was not in effect. The Foreman informed the truckers that they would be sent to Talbot Line, in hopes to deter them from coming off the highway. Brian Smith of TWD was very helpful in letting us know when the trucks were exiting from the highway. However, it was sporadic. If we place year round restriction it would affect all trucking, farm equipment, home deliveries. DELEGATION: MARK MACDONALD, CLAYTON WATTERS COUNTY OF ELGIN ROAD SYSTEM UPDATE Also in attendance: Paul VanVaerenbergh, Road Superintendent Mr. MacDonald reported that the issue behind the review of the County Road Network is that there are 95 km. of road in the County to be transferred. These roads were transferred to the County in the 1980’s to gain provincial funding. However, these roads are being maintained to county standards and it is felt that lower tier standards are suitable. Further, it is estimated that the county cost for maintenance is $3000 per km, whereas the lower tier is $2,000 per km, giving a savings of $1,000.00. There is only one taxpayer whether they pay to the county or municipality for road maintenance. The Mayor asked if the county would consider maintaining these roads at lower tier maintenance standards rather than county standards. The county would then incur the savings. The Road Superintendent reported that the cost to tar & chip a road is greater than gravel. Mr. Watters noted that the ongoing maintenance of tar & chip is less and that is where the savings are. The Road Superintendent reported that he felt there is no advantage to the municipality to take over these roads. SUBJECT: GAS TAX REBATE The Administrator/Treasurer reported that correspondence has been received from the Minister of Transportation noting that we are eligible for the total of $67,218 for Four Counties Transit, covering the period from October 1, 2004 to September 30, 2005. For the period from October to December 2004, we will receive $16,800. This can cover any expenses not to exceed 75% of municipal contributions. We must sign an agreement and have the other municipalities designate West Elgin as the host municipally. For 2005 a new program will be in place. Funding to cover increased capital and increased operating expenditures to increase ridership. By 2006 an assessment plan and a ridership growth plan must be in place. SUBECT: BY-LAW 2004-74 – THOMPSON DRAIN RES. NO. 6 Moved by Mooser Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a bylaw to provide for drainage works in the Municipality of West Elgin in the County of Elgin to be called and known as the Thompson Drain and that this shall constitute the first and second reading and provisional adoption thereof. DISPOSITION: Carried October 28, 2004…Pg 7 of 8 SUBJECT: BY-LAW 2004-77 – NOISE BY-LAW RES. NO. 7 Moved by Balint Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-Law to control noise and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 8 Moved by Wiehle Seconded by Mooser RESOLVED that a By-law to control noise be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-77 – Noise By-law DISPOSITION: Carried SUBJECT: BY-LAW 2004-78 – PURCHASING POLICY AND PROCEDURE RES. NO. 9 Moved by Balint Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-Law to adopt a purchasing policy and procedure and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 10 Moved by Wiehle Seconded by Balint RESOLVED that a By-law to adopt a purchasing policy and procedure be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-78 – Purchasing Policy and Procedure DISPOSITION: Carried SUBJECT: BY-LAW 2004-79 – LEASING POLICY AND PROCEDURE RES. NO. 11 Moved by Mooser Seconded by Wiehle RESOLVED that the mover be granted leave to introduce a By-Law to adopt a leasing policy and procedure and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 12 Moved by Wiehle Seconded by Mooser RESOLVED that a By-law to adopt a leasing policy and procedure be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-79 – Leasing Policy and Procedure DISPOSITION: Carried SUBJECT: BY-LAW 2004-80 – AMEND BY-LAW 99-09, PROPERTY STANDARDS RES. NO. 13 Moved by Mooser Seconded by Wiehle RESOLVED that the mover be granted leave to introduce a By-Law to amend By-law 99-09, being the Property Maintenance and Occupancy Standards By-law and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried October 28, 2004…Pg 8 of 8 RES. NO. 14 Moved by Wiehle Seconded by Mooser RESOLVED that a By-law to amend By-law 99-09, being the Property Maintenance and Occupancy Standards By-law be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-80 – Amend By-99-09, Property Standards DISPOSITION: Carried SUBJECT: CLOSED SESSION RES. NO. 15 Moved by Mooser Seconded by Wiehle RESOLVED that the Council of the Municipality of West Elgin adjourn to a closed session to discuss personal matters about an identifiable individual. DISPOSITION: Carried RES. NO. 16 Moved by Bodnar Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin do now rise. DISPOSITION: Carried SUBJECT: CONFIRMATION BY-LAW RES. NO. 17 Moved by Balint Seconded by Mooser RESOLVED that the mover be granted leave to introduce a By-Law to confirm the proceedings of the meeting of Council held on October 28, 2004 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 18 Moved by Bodnar Seconded by Mooser RESOLVED that a By-law to confirm the proceedings of the meeting of Council held on October 28, 2004 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-81 – Confirming By-law October 28 2004. DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 19 Moved by Mooser Seconded by Wiehle RESOLVED that this Regular Meeting of Council shall adjourn at 5:00 p.m. th to meet again on November 10 2004. DISPOSITION: Carried th These minutes were adopted on November 10, 2004 . ___________________________ _______________________________ MAYOR CLERK