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September 23, 2004 Council M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS SEPTEMBER 23, 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 DECLARATION OF PECUNIARY INTEREST: The Deputy Mayor declared a conflict with item D6 of the agenda. SUBJECT: ACCOUNTS RES. NO. 1 Moved by Balint Seconded by Wiehle RESOLVED that the Mayor and Administrator/Treasurer be and they are hereby authorized to sign Payment Voucher #9 amounting to $1,543,574.74 in settlement of General, Road, Water and Arena Accounts (including cheques 10536-10835). DISPOSITION: Carried DELEGATION: CURTIS HAY RE: PROPOSED SEVERANCE PART LOT 16, CONCESSION XI Also in attendance: Christine Hay Mr. Hay was in attendance to discuss the proposed severance on their property of a 6.5- acre parcel under the surplus provisions of the Official Plan. The Clerk noted that Council procedure would deem the application premature as the applicant does not own land elsewhere. The Planner noted that the size proposed would require special zoning as it is greater than 1 ha. However, the creation of a smaller lot would leave a remnant parcel of no apparent agricultural use. The retained portion would have less than the minimum frontage. If consolidated with the lands to the west the need for re-zoning would be resolved. Mr. Hay is not in support of consolidating the farms. He is in the process of purchasing another property, which closes in October. Council has no objections to the size and frontage proposed for the proposed severed and retained lot however, Council agreed Sept. 23 2004…Pg 2 of 6 that the application be brought back next month after the applicant owns another property. Council adjourned to hold a public meeting and reconvened their meeting thereafter. DELEGATION: LINDSEY ELWOOD, MCCARTHY TETRAULT RE: PROPOSED SEVERANCE – J.A. ROSS & SONS Also in attendance: Colleen McGill The Planner reported that he had met with Mr. Elwood and discussed the matters outlined in the letter from the municipality and submitted a report to Council. He has suggested that rather than use an easement for the walkway that the lot line be re- aligned so that the walkway is on the severed lands. This would accommodate maintenance of the building as well. Mr. Elwood reported that his client would provide an easement but would not assume responsibility for building or maintaining a walkway or insuring against pedestrian mishaps. The Planner noted that Council has asked for the Main Street entrance to be signed as “Entrance Only”. He suggested that it would be preferable to close the entrance. The applicant has agreed to erect the sign but not to enforce it. Mr. Elwood reported that they are prepared to remove the barrier and garage if needed to accommodate the flow of traffic but only as long as the Main Street store entrance is closed. The proposed walkway removes a number of parking spaces. Councillor Mooser noted that vehicles were never parked between the IGA and the other building and that this area was signed as a fire route. There is not enough room. Discussion continued regarding the number of parking spaces required for the old Health Centre building. To accommodate parking for this building the lot on Graham Street is needed for parking. Further, if the Graham Road property is used as a right-of- way and parking for the other building that would need to be registered on title. It was agreed that the merging of the two properties would be an acceptable approach. The parking layout needs to be reviewed. Mr. Elwood proposed the following: ? Grant an easement along IGA building for maintenance ? Allow a walkway as long as Main Street store entrance is closed ? Remove the barrier to allow traffic flow and access to parking ? Remove garage, if necessary ? One-way traffic flow, as long as Main Street store entrance is closed Council directed that conditions be drafted and brought back to the next meeting. DELEGATION: PRESENTATION TO BLAIR SWITZER The Mayor presented the “Provincial Safety Truck Roadeo” trophy with congratulations to Blair Switzer for winning the second year in a row. SUBJECT: PROPOSED SEVERANCE – LEUNISSEN PART OF LOT 17, CONCESSION VIII Council reviewed an application for retirement severance for property located on part of Lot 17, Concession 8 and a report from the Planner. Sept. 23 2004…Pg 3 of 6 It was noted that the West Lorne Woodlot is designated as provincially significant. If the proposed severance is outside the designation but adjacent (within 400 feet) then an environmental impact study is required under our Official Plan. The applicants be advised to contact the Ministry of Natural Resources to determine the effect of the wetland on their proposal. Council also discussed the proposed size of the severance. The applicant to be advised that Council does not support a large lot and the lot be reduced to one acre. SUBJECT: DOWNTOWN BUSINESS ENTRANCES The Mayor noted that as a result of the closing of the Main Street entrance by the IGA in West Lorne, he had been approached by the Chamber of Commerce. It has been requested that it be determined if there is a mechanism requiring downtown businesses to maintain their main street entrances. The Planner noted he had not seen this provision before but would investigate for inclusion in the new zoning by-law. SUBJECT: BY-LAW 2004-68 – CLEANING AND CLEARING OF LAND BY-LAW RES. NO. 2 Moved by Mooser Seconded by Wiehle RESOLVED that the mover be granted leave to introduce a Cleaning & Clearing of Land By-law and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 3 Moved by Wiehle Seconded by Mooser RESOLVED that a Cleaning & Clearing of Land By-law be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-68 – Cleaning & Clearing of Land By-law DISPOSITION: Carried SUBJECT: CORRESPONDENCE 1.* Rodney & District Horticultural Society – trillium funding Instruction: RES. NO. 4 Moved by Wiehle Seconded by Balint RESOLVED that Council authorize the grant of $1768.00 to the Rodney & District Horticultural Society to complete the interlocking brickwork between the Stedman’s store and old Rodney Townhall, partially funded by Trillium grant. DISPOSITION: Carried SUBJECT: BY-LAW 2004-66 – ZONING AMENDMENT – LIFT HOLDING PROVISION PART LOT 16, CONCESSION IX (KRZWORACZKA) RES. NO. 5 Moved by Balint Seconded by Mooser 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 16, Concession 9, from the Rural Residential Sept. 23 2004…Pg 4 of 6 Two – Holding (RR2-H) Zone to the Rural Residential Twp (RR2) Zone, and that this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 6 Moved by Mooser Seconded by Wiehle 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 16, Concession 9, from the Rural Residential Two – Holding (RR2-H) Zone to the Rural Residential Twp (RR2) Zone, and shall now be read a third time and finally passed, signed, sealed and numbered By-law Number 2004-66 – Zone Amendment – Krzyworaczka DISPOSITION: Carried SUBJECT: BY-LAW 2004-67 – ZONING AMENDMENT – PART LOT 16, CONCESSION IX (KRZWORACZKA) RES. NO. 7 Moved by Balint 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 16, Concession 9, from the Agricultural (A1) Zone and the Rural Residential Two (RR2) Zone to the “site-specific” Rural Residential Two (RR2-6) Zone, and from the Agricultural (A1) Zone to the “site-specific” Agricultural (A1-51) Zone and that this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 8 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 16, Concession 9, from the Agricultural (A1) Zone and the Rural Residential Two (RR2) Zone to the “site-specific” Rural Residential Two (RR2-6) Zone, and from the Agricultural (A1) Zone to the “site-specific” Agricultural (A1- 51) Zone and shall now be read a third time and finally passed, signed, sealed and numbered By-law Number 2004-67 –Zone Amendment – Krzyworaczka DISPOSITION: Carried SUBJECT: TENDER FOR PAINTING OF RODNEY WATER TOWER Council reviewed the following tenders for the painting of the Rodney Water Tower: Interior & Exterior Provisional Credit Dayson Industrial Services $362,407.88 $101.524.14 Norwec Company $284,500.00 $ 85,000.00 Harrison Muir $326,684.00 $ 1.00 Council reviewed a report from Stantec on the tenders. It was noted that the provisional credit was for an exterior painting alternative. The lifespan of this alternative is 10 years, whereas the complete project is 20 years. RES. NO. 9 Moved by Mooser Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin accepts the tender of Norwec Company in the amount of $284,500.00 plus GST for Sept. 23 2004…Pg 5 of 6 Rodney Water Tower Painting, to be completed as of June 30, 2005 and the Mayor and Clerk be authorized to sign the necessary documents. DISPOSITION: Carried SUBJECT: REPORT ON MARINA PROJECT The Mayor reported that the Deputy Mayor, Water Superintendent and himself have met with Yacht Club members to discuss the proposed agreement. The Yacht Club is requesting a different arrangement for the maintenance of the comfort station. Councillor Mooser stated he was not in support of any changes, this was agreed previously. Another meeting will be set up with the Yacht Club to discuss this matter further. SUBJECT: REPORT ON SIXTEEN MILE BRIDGE PROJECT Council reviewed a report from Spriet Associates regarding the progress of the Class EA process. It was reported that the Navigable Waters Protection (NWP) office of Transport Canada are requiring that the bridge be approved. The bridge does not have prior approval and Sixteen Mile Creek is considered navigable. This will have an affect on the design of the bridge, as NWP requires a 2 metre minimum clearance. Council agreed that Spriet Associates proceed with gaining NWP approval but that the bridge may be too expensive to build next year. Estimates of increased costs to be obtained. SUBJECT: REBATE OF TAXES FOR LEGIONS The Administrator-Treasurer reported that the County has passed the necessary by-law for 100% rebate for 2005. SUBJECT: PROPOSED NOISE BY-LAW The Clerk reported on a conversation with Alan Vandenbrink of Erie Flooring regarding their hours of operation. The by-law will need to be revised to reflect a 24-hour operation schedule for industrial properties. Councillors to submit other proposed changes to Clerk for inclusion and presentation to next meeting. SUBJECT: JEPP FUNDING The Administrator-Treasurer reported that County staff had discussed the municipalities submitting a grant request however it was decided that the County would do this on their own. Monies are available for emergency planning, generators. Staff will investigate for inclusion in next year’s budget and grant submission. The Deputy Mayor declared a conflict of interest with the following item and left the meeting. SUBJECT: REQUEST FOR SEWAGE CONNECTION – BIO-CO GENERATION RES. NO. 10 Moved by Mooser Seconded by Balint RESOLVED that West Lorne BioOil Co-Generation be permitted to make a sewage connection to the manhole on Frederick Street at the entrance to the property. AND FURTHER BE IT RESOLVED that a capital connection fee of $1,500.00 be charged and that West Lorne BioOil Co-Generation is responsible for all installation costs. DISPOSITION: Carried Sept. 23 2004…Pg 6 of 6 SUBJECT: CONFIRMATION BY-LAW RES. NO. 11 Moved by Mooser Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-Law to confirm the proceedings of the meeting of Council held on September 23, 2004 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 12 Moved by Bodnar Seconded by Mooser RESOLVED that a By-law to confirm the proceedings of the meeting of Council held on September 23, 2004 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2004-69 – Confirming By-law September 23 2004. DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 13 Moved by Mooser Seconded by Balint RESOLVED that this Regular Meeting of Council shall adjourn at 4:05 p.m. th to meet again on October 14 2004. DISPOSITION: Carried th These minutes were adopted on October 14, 2004 . ___________________________ _______________________________ MAYOR CLERK