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.
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to meet again on October 14 2004.
DISPOSITION: Carried
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These minutes were adopted on October 14, 2004
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___________________________ _______________________________
MAYOR CLERK