Municipality of Strathroy-Caradoc Regular Council Minutes Tuesday, September 8, 2009 Strathroy-Caradoc Municipal Office 7:00 p.m.

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1 Municipality of Strathroy-Caradoc Regular Council Minutes Tuesday, September 8, 2009 Strathroy-Caradoc Municipal Office 7:00 p.m Roll Call. Cell Phones/Pagers Off All members of Council are present. Also Present: Jim Fairlie, Chief Administrative Officer Angela Toth, Director, Corporate Services/Clerk Mary Weber, Assistant to Corporate Services/Deputy-Clerk Paul Hicks, Planner Mike DeVos, Spriet Associates Matthew Stephenson, Drainage Superintendent Nancy Powers, Age Dispatch 2. Declaration of Pecuniary Interest Councillors Pardy and Dausett declared a conflict of interest regarding Item 5 (b), the Lipsit Drain matter. 3. Approval of Minutes Moved by Councillors Richards and Pardy: THAT: the following minutes be approved as written. Carried. a.) Regular Council Minutes August 10, 2009 b.) Council Workshop Minutes August 10, Public Meeting Public Meeting No. 1 Motion to Open Applicant: Reynold Welke Moved by Councillor Baker and Deputy-Mayor Vanderheyden: THAT: Public Meeting No. 1 to renew a temporary zoning bylaw to permit a mobile home to be used on the property at 7125 Century Drive, applicant Reynold Welke, be hereby opened. Carried. A report from Planner Paul Hicks was provided. Council Minutes September 8,

2 2 Mr. Hicks advised that this is an application for a renewal of a temporary zoning bylaw that was granted by Council in June This is for a garden suite that is a mobile home that can be moved on to properties to house elderly relatives or next of kin. They are permitted under the Planning Act for temporary periods of 3 years at a time. The temporary bylaw has expired and Mr. Welke has applied for an extension for another three years. They can be renewed up to a minimum of 4 times. 1. Purpose for the Meeting To renew a temporary zoning bylaw, to permit a mobile home to be used on the property as a residence for an elderly relative. The subject property is located at 7125 Century Drive in the former Township of Caradoc. It is approximately 0.76 ha (1.89 acres) in size and contains a single detached dwelling and accessory buildings. In June 2006 the applicant was granted a temporary rezoning of the property to permit a garden suite on the property to house an elderly relative. The temporary rezoning expired in June As such the applicant has applied to have the temporary rezoning renewed for another 3 years as the occupancy of the garden suite has not changed. 2. Comments in support of this application None. 3. Comments in opposition of this application None. 4. Questions or comments from members of Council. None. 5. Decision Moved by Councillors Pardy and Gysbers: THAT: the application to renew a temporary zoning bylaw to permit a mobile home to be used on the property located at 7125 Century Drive be approved, and that the bylaw be referred to the Bylaws section this evening for approval. Carried. 6. Motion to Close Public Meeting. Moved by Councillors Pelkman and Brennan: THAT: Public Meeting No. 1 to renew a temporary zoning bylaw to permit a mobile home to be used on the property at 7125 Century Drive, applicant Reynold Welke, be hereby closed. Carried. 5. Presentations, Delegations & Petitions (a) Drainage Matter Consideration of Drainage Report Vandenheuvel-Thompson Drain 2009 Council Minutes September 8,

3 A report from Spriet Associates on this matter was provided Mr. Mike DeVos, Spriet Associates, provided an overview on this drain matter. 2. Questions from affected property owners None. 3. Request from those present to add their name or to remove their name from the Petition None. 4. Comments or questions from Members of Council. Councillor Dausett enquired as to what the interest charge is in regards to. Mr. DeVos stated that with these projects the municipality administers all the costs of the project on an on-going basis until the project has been constructed and accepted, the grant has been applied for by the municipality and they wait to receive the grant back. Once that is done the municipality can send out the invoices to the individual property owners. In the interim the municipality does charge interest on the ledger. 5. Decision. Moved by Councillors Richards and Gysbers: THAT: the Council of Strathroy-Caradoc accepts the Engineer s report in reference to the Vandenheuvel- Thompson Drain 2009, schedule Court of Revision and refer the bylaw to the Bylaws section of this evening s meeting for 1 st and 2 nd reading. Carried. (b) Drainage Matter Consideration of Drainage Report Lipsit Drain 2009 A report from Spriet Associates on this matter was provided 1. Mr. Mike DeVos, Spriet Associates, provided an overview on this drain matter. This report has two different parts to it. One part would be for repair and improvement to the open portion of the Lipsit Drain which starts on the west side of Queen Street and heads down stream approximately 300m to the west of Rougham Road. The other portion of the project includes creating new maintenance schedules so that future maintenance done by the municipality on any of the existing drains upstream within Mt. Brydges the cost of the future maintenance can be assessed properly. Tonight s meeting is for the reconstruction improvements being done to the open portion of the drain. Council Minutes September 8,

4 2. Questions from affected property owners. Mr. Bloemendal: Believe just putting a bandage on this problem, the erosion will keep going, just slowing it down; The whole village drains into this drain, therefore the whole village should be considered for assessment. 4 Norma McLeod: Own property since 1960; The width of the drain was approximately 5, has now measured and it is 45 wide; Every time it is cleaned out which is approximately 15 years it gets wider; There is an open soccer field at the back, should take the safety of children in affect; The drain from the Caradoc Community Centre right into this drain, it is all tubing and under ground, why would you put this underground and not the whole Lipsit Drain underground; If we had covered it in several years ago, assessed cost, it would have been done; It is an environmental issue, people do throw garbage back here; It is basically for all of Mt. Brydges not just people on the drain; Cannot believe that there is not a grant available for this type of work; Would appreciate the Drain meetings being accessible to the general public 3. Request from those present to add their name or to remove their name from the Petition None. 4. Comments or questions from Members of Council. Mayor Veale: How many people are affected by this drain in total? Mr. Stephenson stated close to 300 residences that are assessed on this drain. Matthew Stephenson, Drainage Superintendent: Following the overview by Mr. DeVos, Mr. Stephenson stated that it is an option for Council to defer this matter to allow Mr. DeVos and Mr. Stephenson an opportunity to bring updated numbers back and present to Council in a report so that Council has both options on closing and open. Council Minutes September 8,

5 5 Mr. DeVos stated that if the municipality as a whole wishes to close the drain in that it is possible, but who is going to pay for it and how are the costs to be assessed? How much of the cost would be benefit to the adjacent lands versus the upstream lands, and how much should they have to pay towards back filling an existing channel that has been there a long time? Mayor Veale: We need something that is a long term fix. Matthew Stephenson: Suggested that we defer and go back and look at possibly starting at the Pilkington property and going upstream to Queen Street and propose something like this to Council. Councillor Brennan: Would like to see a couple of different scenarios - cost of open all the way - cost to partially enclose - cost to completely enclose benefit two people upstream versus adjacent land ratio; three different scenarios with two to three different ways in assessing costs; take a look at all of these and try to find something that best suits the greatest number of people in the area; some solid ideas. 5. Decision. Moved by Deputy-Mayor Vanderheyden and Councillor Brennan: THAT: the Lipsit Drain report be deferred until further information is received. Carried. (c) Petition for Drainage Works Requesting that an investigation be carried out for an improvement to the current drainage respecting McEvoy Road, Strathroy, Con. 8 NE Pt Lot 16, R.P. 34R2357, Part 1. Mr. Stephenson stated that the property is located on the corner of Walkers and McEvoy. The property is assessed outlet only, there is no drain. The owner has requested that a municipal drain be installed on the property to look after his drainage concerns and have a proper working outlet. Council Minutes September 8,

6 6. Communications 6 Moved by Deputy-Mayor Vanderheyden and Councillor Dausett: THAT: Spriet Associates be authorized to prepare a report to investigate improvements to the current drainage respecting McEvoy Road, Strathroy, Con. 8 NE Pt Lot 16, R.P. 34R 2357, Part 1. Carried. a.) b.) Robert Willey, Mt. Brydges, On A report from Paul Hicks, Planner was provided. Re: Request for Return of Minor Variance Fee Moved by Councillors Pardy and Pelkman: THAT: the minor variance application fee paid by Mr. Robert Willey for property located at 761 Glover Cr., Mt. Brydges, as per Paul Hicks, Planner report dated August 17, 2009 be approved for refund. Carried. Mike Steeper, Operations Manager, Middlesex Power Distribution Corporation Re: Testing of LED Roadway Lighting Councillor Pelkman: Enough light coming from the street light, maybe the width of the light span is not wide enough. Councillor Richards: Change the light lens so that the light reflects out more. Deputy-Mayor Vanderheyden: When the testing is over are we going to receive some type of report saying what kind of money that we are going to save if we went with this and what the pros and cons are. Councillor Brennan: Requesting report from Police as well because the public safety issue of the dark bands that exist between the cones of illumination. What the public safety officers would say about this, requesting their input. Reference: for your information. Items 1 2 are provided for the information of Council: 1.) Susan McLean, Strathroy Middlesex General Hospital Foundation Re: Thank you for your support Council Minutes September 8,

7 7 2.) Shannon Churchill, Strathroy and District Chamber of Commerce Re: Annual Gala & Awards Celebration Thursday, Sept. 24 th, held at the Portuguese Canadian Club, 5:30 p.m. 7. Unfinished Business a.) Marjorie Desmet, President, Strathroy District Arts Council and Ralph Thorn, Wright Family Entertainment Centre Re: Wright Family Arts and Entertainment Centre in the West Middlesex Memorial Arena Reference: to Staff Committee b.) Paul Hicks, Planner 1. Lower Thames Conservation Report provided. 2. Upper Thames Conservation Report provided. Re: Slope Failure, 21438, and Adelaide Road Mr. Hicks stated that this matter was before Council in June, petitioned by the ratepayers, and Council requested that staff examine some options. Mr. Hicks presented a brief history and investigation regarding this matter. Following discussions a motion was made; Moved by Councillor Brennan and Deputy-Mayor Vanderheyden: THAT: Council assist the property owners to obtain funds to assist with a remedy for this situation from the Federal and Provincial Governments. Carried. Paul Hicks, Planner will present a resolution to the next Council meeting. Mr. Shuttleworth stated that Council should commend Mr. Hicks regarding this matter. He has done a tremendous amount of research and produced a very good report. This was really appreciated on the work that was done. 8. Reports from Departments. a.) Matthew Stephenson, District Deputy Chief, Mount Brydges Station Re: Strathroy-Caradoc Fire Department Proposed Muscular Dystrophy Boot Drives Moved by Councillors Pelkman and Pardy: Council Minutes September 8,

8 8 THAT: the request by the Strathroy, Melbourne and Mount Brydges Fire Stations to conduct their annual Muscular Dystrophy Boot Drives be approved as follows; Strathroy and Melbourne Stations on Saturday, September 19 th and Mount Brydges Station on Saturday, September 26 th, Carried. b.) Jane McPherson, Director of Financial Services and Laurie St. Amour, Treasury Department Re: PSAB Status Update This report was requested by Council at the August 10 th meeting. Reference: for your information 9. Committee Reports Moved by Councillors Brennan and Gysbers: THAT: the following Committee Reports be received and filed. Carried. a.) Committee of Adjustment July 7, 2009 as amended b.) Committee of Adjustment Sept. 1, Report re Application A13/09 2. Report re Application A14/09 Moved by Councillors Pelkman and Baker: THAT: the following Committee Reports be received and filed and that Council concurs with the Committee recommendations. Carried. c.) Environmental Services August 13, 2009 d.) Transportation Services August 13, 2009 e.) Finance Minutes Sept. 1, Reading of Bylaws Moved by Deputy-Mayor Vanderheyden: THAT: the following bylaw be given first and second reading only. Carried. a.) Bylaw No A Bylaw to provide for the construction of the Vandenheuval- Thompson Drain (2009) #2006 serving parts of Lots 20 and 21, Concession 9 in the Municipality of Strathroy-Caradoc, County of Middlesex A report from Planner, Paul Hicks was provided. Moved by Councillors Baker and Richards: THAT: the following bylaw be given first, second and third and final reading. Carried. b.) Bylaw No Council Minutes September 8,

9 9 A Bylaw to authorize the execution of an agreement between the Municipality of Strathroy-Caradoc and Carmen s Driving School regarding the About Face Façade Improvement Program Moved by Councillors Brennan and Pelkman: THAT: the following bylaw be given first, second and third and final reading. Carried. c.) Bylaw No A Bylaw to authorize the execution of a Development Agreement between Ontario Inc. and the Municipality of Strathroy-Caradoc Moved by Councillors Pardy and Pelkman: THAT: the following bylaw be given first, second and third and final reading. Carried. d.) Bylaw No A Bylaw to provide for the temporary use of land above what is permitted under Bylaw No , Being the Zoning Bylaw of the Municipality of Strathroy-Caradoc (re 7125 Century Dr., mobile home) A report from Planner, Paul Hicks was provided. Moved by Councillors Baker and Gysbers: THAT: the following bylaw be given first, second and third and final reading. Carried. e.) Bylaw No A Bylaw to authorize the execution of an About Face Façade Improvement Grant Agreements between the Municipality of Strathroy-Caradoc and Rodney Kevin Robinson, Ontario Incorporated, and Skiffington Catering 11. New Business 12. County Council Report Deputy-Mayor Vanderheyden highlighted on County Council matters. Presentation by the Ministry of Natural Resources regarding the New and Endangered Species Act. 13. Enquiries or Comments by Members Councillor Pelkman: The Deruiter, Pinetree, Petersen subdivision, is there a time frame on the final coat of asphalt being carried out. Mr. Council Minutes September 8,

10 10 Hicks stated that have been actively pursuing the developer and engineer on this matter. An individual enquiry concerned with the amount of signs going up on the telephone poles. Discussed that we were doing a sign bylaw as part of a complete bylaw review and were is this process at? Mr. Hicks stated that he has a draft bylaw completed. Looking at a fine schedule for it. The dead end sidewalk at Walmart? Mayor Veale advised that the Walmart Safety Committee has brought this matter to the attention of Walmart. Councillor Pardy: Expressed concern over the Lipsit Drain Councillor Baker: Attended the Association of Municipalities of Ontario Conference and highlighted on the protectionism matter. Councillor Gysbers: Enquired on the Wilson Street, in Delaware matter. Informed that this item is on the Transportation agenda for the Sept 9 th meeting. Councillor Brennan: Look forward to a report on the proposed taxi cab bylaw. Mayor Veale: Highlighted on Roads Department activities As of September 1 st all tires no charge at the Transfer Station as long as money is available under the provincial program The new seniors place on the former Strathmere Lodge property, started pouring cement this week. 14. Schedule of Meetings o Special Council Meeting Monday, Sept. 14/09 Mt. Brydges Sewers o Council Workshop Sept. 6:00 p.m. Animal Control o Regular Council Meeting, Monday, September 21, 2009 o Regular Council Meeting, Monday, October 5, 2009 o Regular Council Meeting, Monday, October 19, 2009 Council Minutes September 8,

11 Adjournment On a motion by Councillors Richards and Gysbers the meeting adjourned at 8:45 p.m. Mayor Clerk Council Minutes September 8,