Malahide Township Council minutes of February 15 2001

Corporation of the Township of Malahide
February 15, 2001 - 8:00 p.m

Malahide Township Council met at the above time with all members present. The following Minutes were considered and approved:

Moved by: Ron Hewson Seconded by: Mark Widner

THAT the Minutes of February 1, 2001, be adopted as printed and circulated.

Carried.

Deputy Mayor Faulds declared a conflict of interest with regard to the Lee Drain.

The following were present for the meeting: Mr. Paul deRyk .

Public Meeting: 8:00 p.m. Applicant: de Ryk Tobacco Farms Limited.

Part Lot 20, Concession 3, Township of Malahide

Rezoning

The following public record was made:

PROCEDURE UNDER PLANNING ACT 1995

Public Meeting:

Applicant: de Ryk Tobacco Farms Limited

Owner: Part Lot 20, Concession 3,

Rezoning.

1. Public Meeting with respect to introduce a by-law to amend the zoning to Hamlet Residential.

2. Notice of this meeting was given in the prescribed manner by publication in a newspaper of general circulation at least thirty days prior to this meeting. This meeting was advertised in the Aylmer Express on January 10^th and 17^th, 2001. A copy of the advertisement is attached to this record. In addition, affected property owners within 120 meters were sent a notice by prepaid first class mail.

3. Anyone who wants further notice of the passage of this by-law, the reasons for it and how the by-law proposes to accomplish the stated purpose.

4. The Clerk or Planner will now explain the purpose of the by-law, the reason for it and how the by-law proposes to accomplish the stated purpose.

The Applicants wish to amend their zoning from Agricultural (A1) zone to Hamlet Residential (HR) Zone to develop two (2) residential building lots. Severances and conveyances would be required. This property is zoned Agricultural but is designated as Hamlet within the Official Plan.

5. Chairman asks are there any person who wish to make a written or oral submission on the proposed by-law.

6. Chairman has support for by-law given.

7. Chairman hears objections:

Nil

8. Chairman hears applicant.

Nil

9. Chairman may limit presentations etc. to ensure meeting is conducted in orderly fashion.

10. Chairman concluded public meeting.

Advise public will consider all matters placed before it prior to coming to a decision or Council may elect to proceed on a motion on the proposed by-law.

11. Results / Action taken: By-law No. 00-09 passed.

John R. Wilson R.Millard
CHAIRMAN CLERK

Council passed the following Resolution:

Moved by: George Cleminshaw Seconded by: Paul Vanderwyst

THAT By-law No. 01-09 be read a first and second time.

THAT By-law No. 01-09 be read a third time and finally passed (de Ryk Zoning).

Carried.

Deputy Mayor Faulds declared a conflict of interest with regard to the Lee Drain and he left the Council Chamber.

There was no one present with regard to the Lee Drain:

Mr. John Spriet of Spriet Associates reviewed the report for those in attendance and asked if there were any concerns regarding the proposed construction. Council passed the following Resolutions:

Moved by: Max Moore Seconded by: Mark Widner

THAT Malahide Township Council accepts the engineer’s report on the Lee Drain by Spriet Associates.

THAT By-law No. 01-05 being the Lee Drain By-law be read a first and second time and provisionally adopted.

Carried.

Moved by: George Cleminshaw Seconded by: Ron Hewson

THAT the Court of Revision for the Lee Drain be set for March 15, 2001, at 8:00 p.m.

THAT tenders be invited for consideration on March 15, 2001, at 12:00 noon.

Carried.

Deputy Mayor Faulds returned to the Council Chamber.

Mr. Wall was in attendance with regard to the John Walker 2000 Drain, he did not express any concerns with regard to the timing of the installation of the Drain.

COURT OF REVISION:

Moved by: George Cleminshaw Seconded by: Paul Faulds

THAT the Court of Revision for the John Walker Drain 2000 be called to order.

THAT John R. Wilson be appointed Chairman.

Carried.

The following affected property owners were in attendance: none

Moved by: Max Moore Seconded by: Mark Widner

THAT the assessments as per the Engineer’s report dated January 3, 2001 for the John Walker Drain 2000 be confirmed.

Carried

Moved by: Paul Faulds Seconded by: Ron Hewson

THAT the low tender from Van Bree Drainage and Bulldozing Limited in the amount of $42,714.40 including GST be accepted for the construction of the John Walker Drain 2000.

Carried.

Moved by: Ron Hewson Seconded by: George Cleminshaw

THAT the Court of Revision for the John Walker Drain 2000 adjourn.

Carried.

The following road matters were given consideration and the following Resolutions were passed:

Moved by: Ron Hewson Seconded by: Mark Widner

THAT registration fees be paid on behalf of Barry Ker and Ed Ens ($749.00 each) for the T. J. Mahony Road School Course in Guelph.

Carried.

Council requested that after completion of the course they submit a short report to Council.

Moved by: Max Moore Seconded by: Mark Vanderwyst

THAT Malahide Township Council authorizes the Clerk and Mayor to enter into an Agreement with Empey Enterprises wherein Empey Enterprises will be exempt from half-load restrictions (February 15 to April 30 or as posted) on Century Line from Pigram Road to their farm entrance approximately 400 meters west; subject to Empey Enterprises paying for material and equipment or increased maintenance costs to repair any damages during this time.

Carried.

Moved by: Paul Faulds Seconded by: Ron Hewson

THAT Malahide Township Council adopts the maintenance agreement between the County and the Township of Malahide as amended.

Carried.

The Road Superintendent was directed to view a tree on Nelson Street in Springfield.

Drainage splits were reviewed by Council and the following Resolution was passed:

Moved by: Ron Hewson Seconded by: Paul Faulds

THAT the following Drainage Assessment Splits be approved:

- Bond Drain - Main Branch, Branch “A” and “B” - Part Lot 13, Conc. 9, geographic Township of South Dorchester (2 splits);

- Candy Drain - Main Drain - Part Lot 15, Conc. 6, Township of Malahide (2 splits).

- McDonald Drain - Lot 10, Conc. 2, Malahide.

Carried.

Moved by: Ron Hewson Carried by: Mark Widner

THAT Malahide Township Council accepts the Drainage Petition from Jake and Nettie Thiessen to add a branch tile to the Learn Drain.

THAT R. J. Burnside Associates be authorized to prepare the necessary report in conjunction with the main drain.

Carried.

Various fire matters were considered and the following Resolutions were passed:

Moved by: Max Moore Seconded by: George Cleminshaw

THAT By-LAW No. 01-06 be read a first and second time.

THAT By-law No. 01-06 be read a third time and finally passed (Fire Communication service).

Carried.

Moved by: Max Moore Seconded by: Paul Vanderwyst

THAT Malahide Township Council accepts Jill Hare and Chris Hare as volunteer firefighters for Fire Department No. 3 (Springfield) subject to the approval of Fire Department No. 3 (Springfield).

Carried.

Moved by: Mark Widner Seconded by: George Cleminshaw

THAT Malahide Township Council accepts Ronald (Rick) Corless and David Melvin as volunteer firefighters for Fire Department No. 4 (Lyons) subject to the approval of Fire Department No. 4 (Lyons).

Carried.

Consideration to accounts were given. Council passed the following Resolution:

Moved by: Paul Faulds Seconded by: Ron Hewson

THAT Cash Disbursement Journal No. 196 to No. 199 in the amount of $92,507.91 be passed and ordered paid.

THAT By-law No. 01-10 be read a third time and finally passed (Springfield Sewage - costs).

Council considered a parking request from staff. The following Resolution was passed:

THAT Malahide Township Council authorize an agreement be entered into with Amtelecom for parking at a cost of $75.00 per month.

THAT further to a request by Henry Mervis to create three lots by severance in the Hamlet of Copenhagen, Malahide Township Council hereby supports the removal of Blocks 11, 12 and 15 from the Draft Plan of Subdivision File No. 34T-89003 (Mervis) as all draft plan conditions prescribed by the Province can now be addressed on behalf of the applicable authorities, namely the County of Elgin, as conditions of severance, and Malahide Township Council supports the development of the three subject lots pursuant to severance and conveyance.

THAT Malahide Township Council has no objection to land severance No. 1-01 and 2-01

in the name of Chris Van Geffen, Franciscus Van Geffen and Agnes Van Geffen, owner of Part Lots 136, 137 and 128, Plan 120, Springfield, subject to the following:

- drainage assessment splits at cost of the owner (Simpson, Catfish and Carrel)

- extension of the municipal sewer southwards at the expense of the applicant and approval of the municipality.

-survey plan for proposed lots must show at least 20 meters to the north and south of the proposed lots;

The Clerk was directed to contact Mr. Van Geffen to advise him of the Township conditions with regard to his severance application.

THAT the comments of Cumming, Cockburn Limited dated February 2, 2001, be forwarded to Mr. Van Geffen requesting instructions on how he wishes to proceed.

Resolution requests were considered by Council and the following Resolution was passed:

- Resolution from City of Cornwall for modification of Provincial Funding Formula; and

- Resolution of OPSEU for opposition to privatization of Ontario’s Correctional Services;

THAT Council move into “Committee of the Whole” to discuss a legal matter.

The C.A.O./Clerk was directed to contact the solicitor concerning the Roberts property subject to confirmation from the Conservation Authority that they are in agreement with the proposed plan of action.