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March 23, 2006 Regular Meeting M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS MARCH 23, 2006 MEMBERS PRESENT: Mayor Graham Warwick, Deputy Mayor Bernie Wiehle Councillors Trudy Balint, Mary Bodnar STAFF PRESENT: Joanne Groch Administrator/Treasurer Norma Bryant Clerk Lorne McLeod Chief Building Official ALSO PRESENT: Ted Halwa Planning Consultant DECLARATION OF PECUNIARY INTEREST: No conflicts were declared regarding the published agenda. DELEGATION: AUGUST SACHER RE: PROPOSED SEVERANCE PART LOT 3, CONCESSION 10 The Planner reviewed the application for lot addition noting that the parcel to which the lands being conveyed would be added to would be increased in size to 1.1 hectares (2.6 acres), which is greater than the maximum lot area requirement of an A2, Special Agriculture zone. The zoning on the house lot is presently Rural Residential and should be changed to A2. Mr. Sacher noted that the front yard width could be reduced on the west side. The barn is to remain with the house and distance to lot line should be maintained. Council agreed in principle with the proposed severance subject to the reduction in lot area and the usual conditions. DELEGATION: RANDY REISS, 11904 GRAHAM ROAD RES. NO. 1 Moved by Bodnar Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin will hear the delegation from Randy Reiss. DISPOSITION: Carried Mr. Reiss explained to Council that there is a problem with the lot line of his lot, which he purchased last year. There are corncribs on the property line and they are falling down. His lawyer has advised him that he shouldn’t remove them. The Administrator reported to Council that the survey for the severed lot did not show any buildings and that this is a legal issue which needs to be resolved first. March 23/06…Page 2 of 8 Mr. Reiss reported that there are unsafe buildings and debris behind his house on the adjacent property and requested that the By-law Officer investigate. DELEGATION: STEVE VERBRUGGHE RE: PROPOSED SEVERANCE PART LOT 20, CONCESSION IX The Planner reviewed the application to dispose of a surplus farm dwelling. The proposed severance is allowed under the Official Plan and Provincial Policy Statement. Mr. Verbrugghe noted that property is owned elsewhere and this is surplus to the bigger farm. Council agreed in principle with the proposed severance subject to the usual conditions. SUBJECT: UPDATE ON MELODY CHURCH OMB APPEAL The Planner reported that the applicants withdrew the application at the Ontario Municipal Board and therefore the hearing was cancelled. He understood that a subsequent revised application would not be coming to the municipality immediately. DELEGATION: JAN LARSSON RE: HICKORY GROVE TRAILER PARK Also in attendance: Chief Building Official As requested by Council, Mr. Larsson attended Council to discuss the Hickory Grove and Enchanted Highway trailer parks. Enchanted Highway has been sold. 1. Mr. Larsson presented a document outlining the vision and plans for Hickory Grove for the next five years. It was noted that these trailer parks are for seasonal, not permanent use. Mr. Larsson indicated that there is only one permanent resident at Hickory Grove and some are occupied on weekends during the winter. The Deputy Mayor reported that neighbours would dispute that there is more than one permanent resident. Mr. Larsson noted that he does not condone permanent residence and if he had names, he would contact the individuals. He asked that the municipality provide him with names. 2. Site plans The Chief Building Official noted there are 2 or 3 trailers located in the area not approved for development. Mr. Larsson noted that the previous owner told him that temporary approval was given. The CBO noted that site plan approval applies. Mr. Larsson reported that a site plan was submitted in 1994 or 1995 and thought was approved by Council in 1996. The Administrator reported that the plans were not considered through the site plan approval process, just plans for Fire Department use, there was no approval by Council. Mr. Larsson will provide the municipality with a copy of the plan that he feels was approved by Council. The Mayor noted that site plan approval is required. The Planner noted that we need a complete plan for entire property and that any expansion should have proper plans. March 23/06…Page 3 of 8 SUBJECT: KENNEL PERMITS RES. NO. 2 Moved by Balint Seconded by Wiehle WHEREAS By-law 2005-74, being a by-law for registration and control of dogs, was passed by Council on October 13, 2005; AND WHEREAS By-law 2005-74, provides for new requirements regarding the issuance of kennel permits; AND WHEREAS existing kennels, previously granted permits, may not comply with setback requirements of the municipal zoning by-laws; RESOLVED that the Council of the Municipality of West Elgin waive the fees for minor variance applications required as a result of By-law 2005- 74. DISPOSITION: Carried SUBJECT: ERIE FLOORING SITE PLAN The Chief Building Official reported that a lean to storage building has been built without a building permit. He is working with an engineer to complete the requirements for the issuance of a building permit. Erie Flooring has made application for site plan approval for the lean to building. Recently, Council has given exemptions for site plan approval for such small buildings at Erie Flooring. The Planner noted that these exemptions have an incremental effect and we don’t have an overall plan. Council agreed that a detailed site plan is necessary for the entire site. RES. NO. 3 Moved by Balint Seconded by Bodnar RESOLVED that Council of the Municipality of West Elgin exempt Erie Flooring and Wood Products from site plan approval for a 2000 square foot lean to storage building subject to the preparation and submission of a site plan of the entire operation by June 30, 2006 in accordance with the requirements of the municipality. DISPOSITION: Carried SUBJECT: UPDATE ON FORDHAM MOTORS SITE PLAN The Planner reported that Fordham Motors have been advised that site plan approval is required but he has not heard anything to date. The Planner advised that issues such as drainage, sidewalks and other issues will be dealt with through the site plan process. SUBJECT: PORT GLASGOW HARBOUR STUDY The Planner reports that Shoreplan has requested a meeting with the committee. A th tentative date of April 7 at 9:30 a.m. was set. SUBJECT: DEFINITION OF TRAVEL TRAILER The Chief Building Official noted that the definition of trailer parks allows 20 travel trailers per hectare. With larger lots and larger units, the definition of travel trailer and trailer park should be reviewed. SUBJECT: NUTRIENT MANAGEMENT ACT The Chief Building Official noted that our by-law is stricter than the Nutrient Management Act and requests direction from Council. The Mayor advised that March 23/06…Page 4 of 8 applicants should be told of our by-law and that this is what the municipality wants. If they proceed under the Act, we have to accept that application. The Planner and Chief Building Official left the meeting. SUBJECT: THE RURAL DEVELOPMENT CONFERENCE The Mayor brought forward a proposal to send four volunteers to the Rural Development Conference to be held at Blue Mountains in April. He noted that the attendance at the conference would assist in their networking and learning experience. RES. NO. 4 Moved by Wiehle Seconded by Bodnar RESOLVED that Council authorize the payment of registration and expenses for four volunteers to attend the Rural Conference on April 10 – 12, 2006 in Collingwood. DISPOSITION: Carried SUBJECT: CORREPSONDENCE own of Halton Hills – request for support of a resolution requesting the 1.* T Government of Canada to make the “Federal Gas Tax Funding” for municipalities a permanent program Instruction: RES. NO. 5 Moved by Bodnar Seconded by Balint RESOLVED that Council of the Municipality of West Elgin is in support of a resolution put forth by the Town of Halton Hills regarding the “Federal Gas Tax Funding” for municipalities. DISPOSITION: Carried 2.* Municipality of Morris-Turnberry – request for support of a resolution regarding increases in municipal liability insurance premiums Instruction: File 3.* Northumberland County – request for support of a resolution regarding Bill 206 OMERS Instruction: File 4.* City of Toronto – request for support of a resolution requesting the Federal and Provincial Governments to preserve the National Child Care Program Instruction: File 5.* Scott Hilgendorff – request to alter the flow of traffic on Graham Road on Saturday July 29, 2006 Instruction: Refer to Roads Superintendent 6.* Town of Collingwood – request for support of a response to the Water Expert Panel Report Instruction: File 7.* City of Kawartha Lakes – request for support of a resolution regarding Provincial Relief Instruction: file March 23/06…Page 5 of 8 8.* City of Kawartha Lakes – request for support of a resolution regarding Source Water Protection Instruction: File 9.* City of Kawartha Lakes – request for support of a resolution regarding Municipal Property Assessment Corporation Instruction: RES. NO. 6 Moved by Balint Seconded by Bodnar RESOLVED that Council of the Municipality of West Elgin is in support of a resolution put forth by City of Kawartha Lakes requesting the Government of Ontario to immediately assume responsibility for full cost of MPAC (Municipal Property Assessment Corporation) and their services. DISPOSITION: Carried 10.* Canadian Red Cross – Annual Feast or Famine fundraising event, April 27. Instruction: File 11.* St. Thomas – Elgin Tourist Association – announcement of annual meeting to be held on April 18, 2006, 7:00 p.m. Instruction: Mayor Warwick will attend nd 12.* 31 CER – invitation to annual mixed mess dinner, April 22 Instruction: File 13. Canadian Food Inspection Agency – Notice of Quarantine Instruction: Notify Parks & Recreation and Roads staff 14. AMO - submission on Bill 36, Local Health System Integration Act Government announces changes to Ontario Disability Support - Program CUPE Strike - Bill 206/CUPE strike update - Federal gas tax implementation - AMO urges province to protect public from proposed OMERS - reforms and an illegal CUPE strike 2006 OGRA/ROMA announcements - CUPE strike called off, review of Bill 206 to occur in 2012 - Province announces funding for forestry sector - Update on proposed amendment to municipal council term - OMERS Bill 206 – status of supplemental plans - Municipal Act reform – update - Instruction: File 15. Federation of Canadian Municipalities Seeking environmental expertise for green municipal fund peer - review committee Instruction: File 16.* Uffen Incorporated – comments regarding police contract Instruction: File 17. Minister of Finance – decisions relating to education tax rates and municipal flexibility in setting tax policy Instruction: File March 23/06…Page 6 of 8 18. Steve Peters MPP – copy of letter to Premier re: downloading of provincial programs Instruction: File 19. Steve Peters MPP – copy of letter to Minister of Finance re: Municipal Property Assessment Corporation Instruction: File 20. Ministry of Public Infrastructure Renewal – acknowledgement of receipt of resolution regarding the “Watertight” report. Instruction: File 21. Union Gas – notice of application to Ontario Energy board regarding rates Instruction: File 22. Ministry of Culture – new regulations under the Ontario Heritage Act Instruction: File 23. The Ontario Rural Council – membership renewal Instruction: File 24. Minister of Municipal Affairs and Housing – copy of letter to AMO re CUPE strike Instruction: File 25. Minister of Municipal Affairs and Housing – update on Bill 206 (OMERS) Instruction: File 26. Ministry of Municipal Affairs and Housing – news release: province gives control of pension plan to members Instruction: File 27. Minister of Municipal Affairs and Housing – extension of term of office for municipal councillors and school trustees Instruction: File 28. Premier of Ontario – forward resolution regarding funding of provincial programs to Minister of Finance Instruction: File 29. Ontario Small Urban Municipalities – announcement of annual conference, May th 3-5, Leamington Instruction: File 30. Ontario Property and Environmental Rights Alliance – land use planning by Conservation Authorities Instruction: File 31. Elgin Group Police Services Board – minutes of the meeting held on February 15, 2006 Instruction: File 32. Lower Thames Valley Conservation Authority – press release regarding annual meeting and approval of 2006 budget Instruction: File 33. Steve Peters MPP – copy of letter to Minister of Transportation regarding resolution to amend Highway Traffic Act Instruction: File March 23/06…Page 7 of 8 34. Steve Peters MPP – copy of letter to Minister of Municipal Affairs and Housing regarding resolution to amend Negligence Act. Instruction: File 35. West Elgin Seniors’ Project Actions Committee - disbanning of committee Instruction: File 36. Ministry of Environment – contingency planning for CUPE strike Instruction: File 37. Track and Field Event for Special Olympics – May 23-25, invitation to participate in Opening Ceremonies Instruction: File 38. Township of Southwold – new water rate for Tri County. Instruction: File 39. LTVCA – public workshops re: fishing in Thames River Instruction: File RES. NO. 7 Moved by Wiehle Seconded by Bodnar RESOLVED that the correspondence be dealt with as per the instructions of Council as noted. DISPOSITION: Carried SUBJECT: 2005 COUNCIL REMUNERATION AND EXPENSES Council reviewed a statement for 2005 Council remuneration and expenses. SUBJECT: APPOINTMENT OF WEED INSPECTOR RES. NO.8 Moved by Bodnar Seconded by Balint RESOLVED that Council of the Municipality of West Elgin hereby appoints the County Weed Inspector to provide weed inspection services for 2006. DISPOSITION: Carried SUBJECT: WATER TEST STATIONS Council received the following quotations for water test stations: TOTAL (plus taxes) Ontario Water Products $945.00 each EMCO $685.00 each RES. NO. 9 Moved by Balint Seconded by Wiehle RESOLVED that the Council of the Municipality of West Elgin accepts the quote of EMCO in the amount of $3425.00 plus taxes for five water test stations. DISPOSITION: Carried March 23/06…Page 8 of 8 SUBJECT: BY-LAW COMPLAINT The Clerk presented a schedule of clean-up submitted by a property owner. The By-law Officer will inspect the property each month and report to Council on the progress. Councillor Balint expressed a concern that progress would be too slow. If clean-up is not to Council’s satisfaction, an order will be issued. SUBJECT: WATER TREATMENT PLANT ANNUAL REPORTS RES. NO. 10 Moved by Wiehle Seconded by Balint RESOLVED that Council of the Corporation of the Municipality of West Elgin accepts the Annual Reports under Regulation 170/03 for 2005 as prepared by the Ontario Clean Water Agency and to be presented to the Tri County Management Committee. DISPOSITION: Carried SUBJECT: UPDATE ON SIXTEEN MILE CREEK FISH HABITAT The Administrator reported that DFO are not requiring a pond, but have accepted the establishment of a buffer zone on the east and west banks. The buffer zone would be kept un-mowed and planted with shrubs and naturally colonizing species of plants. West Elgin will provide seasonal labour to install the improvements. Activities will be supervised for habitat quality by LTVCA. SUBJECT: CONFIRMATION BY-LAW RES. NO. 11 Moved by Balint 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 March 23, 2006 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 12 Moved by Wiehle Seconded by Balint RESOLVED that a By-law to confirm the proceedings of the meeting of Council held on March 23, 2006 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2006-10 – Confirming By-law March 23 2006. DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 13 Moved by Wiehle Seconded by Bodnar RESOLVED that this Regular Meeting of Council shall adjourn at 2:30 p.m. to meet again on April 13, 2006. DISPOSITION: Carried th These minutes were adopted on April 13, 2006. ___________________________ _______________________________ MAYOR CLERK