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Facilitating the Sale of Properties
  by Francie Dennison  
 Facilitating the Sale of Properties 
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Barbara Rosser, Planning Consultant

With both delegations at the December 16, 2013 meeting Central Elgin Council was requested to make decisions which would facilitate the sale of properties.

Delegations

1. Proposed Severance - 9823 Yarmouth Centre Road: Lane Walker, Bowsher and Bowsher, was in attendance as agent for Stephen and Grayce Pineo to discuss a proposed severance at 9823 Yarmouth Centre Road.

The Pineo property is the result of a severance granted in 1998 of the 2 houses off of the larger agricultural parcel surrounding these lands. At that time, the property was re-zoned to allow for a logging accumulation yard which operation ran until approximately 2005. The houses have been used as residential since then and the Pineos have been unable to sell the property in one and a half years because the 2 houses increase the value of the property outside of most people's means.

Jim McCoomb advised Council that the area is zoned industrial / commercial and changing the properties to a residential designation may have long term implications on future industrial uses. One of the houses is a century house and the other was built 37 years ago. The Pineos want to create two separate lots, so the property can be sold. Council agreed to recommend the severance to Land Division.

2. Craigholme Estates: Barbara Rosser, Planning Consultant, was in attendance on behalf of Craigholme Estates, who is seeking a three year extension of their draft plan of subdivision to facilitate the sale of the property in Belmont. Don Leitch's report CAO 59-13 was recommending only a one year extension. Council moved into a discussion of Leitch's report during this delegation's presentation. This file actually has a 25 year history, with the draft plan of subdivision first being approved in 1999.

CAO 59-13: Draft Plan of Subdivision 34T-01002, Craigholme Estates
Barbara Rosser, planning consultant for Craigholme Estates, has written to the Municipality requesting an additional three year extension of the plan of subdivision approval until 2017 (Schedule D). Ms Rosser indicates that the developer is trying to sell the development but has not found an acceptable purchaser. Staff would recommend that approval be extended for only one year. The developer has had almost six years to commence the development or sell the property.

Rosser said that development has not proceeded first because of the economic downturn, and then because the developer wants to retire and sell the land rather than develop it, but development lands are not that easy to sell and typically sell in the late fall or winter, to break ground in the spring. Because of that, she said a one year extension was not long enough and asked for three years, or at least two years.

Councillor Matthews wanted to know if they could make it definite so that in two years it was all over, whether or not the land sold, and was told it was not possible to word it so there could be no further extensions. Noting it was already a second extension, David Marr said he didn't want to develop a habit of continually extending these things, but at the same time did not want another possible extension landing in the laps of a new Council, so he was recommending two years. McNeil supported Marr and said he buys into the cyclical nature of the market. McFarlan agreed and Martyn said this very thing was one of the first things they dealt with the first time she was elected to Council. In the end, Council granted a two year extension.

Correspondence (Action)

1. Military Service Recognition Book: Correspondence received from the Royal Canadian Legion seeking Council's interest in sponsoring an advertisement space in our "Military Service Recognition Book".

The Military Service Recognition Book will be the first of its kind in Ontario, recognizing Veterans both past and present in print form with full biographies and photographs submitted to local legion branches. With the help of Veterans, their families and friends, this special publication will be released by September 2014.

At David Marr's recommendation, Council voted to purchase a quarter page full colour ad in the book at a cost of $545.00.

Correspondence (for Council's Information)

  • Received collectively and filed
  • 2. JAAC - Vacancy: Correspondence received from the County of Elgin respecting appointment of Douglas Mayer to fill Joint Accessibility Advisory Committee vacancy.
  • 3. County of Elgin: Correspondence received from MMAH advising that the County of Elgin is now the Planning Act approval authority.
  • 4. 2014 Warden: Correspondence received from the County of Elgin announcing 2014 Warden as David Marr. Acclaimed [which means no one else on County Council put their name in for the position of Warden].
  • 5. 2014 Ontario Medal for Young Volunteers: Correspondence received from the Ministry of Citizenship and Immigration advising of 2014 Ontario Medal for Young Volunteers.
  • 6. Elgin Group Police Services Board: Correspondence received from Elgin Group Police Services Board respecting "Updated O.P.P. Estimate for 2014". Central Elgin's estimated share will be $2,362,521.00, or 36.82% of the $6,416,843.00 estimated 2014 budget. Marr believes this is considerably more than it was last year and includes the 8.5% wage increase the province gave the police.


Definition of Rural and Urban Needed

One piece of correspondence received generated considerable discussion around the Council table.

1. Small, Rural and Northern Municipal Infrastructure Fund (SRNMIF) Capital Program: Correspondence received from Ministry of Agriculture and Food and Ministry of Rural Affairs advising that Expression of Interest (EOI) under Small, Rural and Northern Municipal Infrastructure Fund (SRNMIF) Capital Program was not selected to move forward to the application phase. "Nearly 350 EOls were received. Your EOI did not pass the pre-screen primarily because other applicants with highly critical projects had more challenging economic conditions (as measured by property assessments and incomes)."

Marr said he questioned measuring applicants by property assessment and income. He questions the income, especially with Central Elgin having both so many seniors and so many people unemployed resulting from all the factory closures in this area. He also said that any property along the lake shore is assessed too high. He said the definition of what is rural and what is urban keeps changing depending on which government ministry you're talking to. He feels the decision on what is rural and what is urban needs to be made by going out and looking at the area, not by some bureaucrat sitting in an ivory tower somewhere.

McFarlan wanted to know what would be the best method to make the province aware of their dissatisfaction as letters about it seem to get ignored, or at best filed and never acted upon.

Walters said the province needs to come up with a standardized definition of what is rural and what is urban, and it will require help from the Western Wardens and the AMO to get the province to do it.

Martyn insisted on registering a Central Elgin delegation at the upcoming Good Roads Conference to talk in person to the Ministry of Municipal Affairs and Housing about the need for this standardized definition, armed with research done by Central Elgin staff detailing all that the municipality has missed out on because of differing definitions of rural and urban. "Somehow they need to hear us and not just ignore us," she said.

Leitch said they've tried to register a delegation at the Good Roads conference before and been turned down because it was too specific. He said the Association of Municipalities of Ontario (AMO) is leaning toward an entitlement model for funding (like the gas tax) so municipalities would have a guarantee of funding and how much, and not a merit model (which this is) which is a hit and miss type of funding, maybe you get it and maybe you don't.

Council agreed to try Martyn's suggestion.

Reports

CEP 61-13: Application for a Consent No. E75/13 - Renato and Ascenza Aretusi, 138 Centennial Ave - a severance proposal to create a residential building lot. Council had no objections subject to conditions.

CEP 62-13: Application for a Consent No. E78/13 - Estate of Joseph William Corner, 6736 Yarmouth Centre Road. Council had no objections subject to conditions which include the conservation easement. This land division simply allows both sons to inherit portions of the father's estate with no land use changes.

CEP 63-13: Application for a Consent No. E80/13 - Prespa Construction Limited, 8748 Centennial Road - a proposal to sever the existing house and shed, and retain the other parcel to use as an office/shop in connection with Prespa Construction limited. Council had no objections providing both parcels are of sufficient size to properly accommodate private sewage disposal systems (septic).

CEP 64-13: Application for a Consent No. E81/13 - Prespa Construction Limited, Lot 1, 11M-199 - severance application to make a slight size adjustment in two of the lots where the plan of subdivision calls for 3 semi-detached units = 6 units altogether. McNeil brought up drainage issues that have been expressed by the neighbour. Martyn said that the neighbour told her the MNR has declared that area to be the headwaters of a permanent drain. Perrin said when the draft plan of subdivision was approved the MNR was given an opportunity to comment but made no comment at that time. Since then the municipality had reconstructed the drain and included an intercepting swale so that water from the property (and from the hill on Front Street) now flows into the George Street drain. Council had no objection to the application subject to conditions which include a merge in title.

CEP 65-13: Application for a Consent No. E84/13 - Karl Robert and Donna Louise Crocker, 44531 Sparta Line - the applicants are proposing to retain the existing residential dwelling, accessory buildings and structures located on the subject lands and convey the balance of the agricultural lands to the abutting farm to the west, owned by Oak Plain Farms Limited. Martyn said Council previously saw an application on this very piece of property to sever the 300 acres into three 100-acre parcels. Council had no objections to the application subject to conditions which include a merge in title.

CEP 66-13: Mandatory Pre-consultation on Planning Applications - Implementing By-law
Council directed staff to prepare a by-law for its consideration to require preconsultation on planning applications in accordance with the requirements of the Planning Act. This preconsultation is for industrial and commercial applications, plans of subdivision and the like.

CEP 67-13: Application to Amend Village of Port Stanley By-law 1507 - Ross & Tammy Black, 641 George Street - Zoning By-law amendment to permit the existing dwelling to be converted into a maximum of four apartments. The public meeting for this was scheduled for January 20, 2014 at 7:20 p.m.

CAO 58-13: November 2013 Monthly Building Report - received as information and filed without comment

CAO 60-13: Accessible Procurement - received as information with directions for staff to utilize the attached guide in their procurements.

PW 89-13: DWQMS Water Infrastructure Review - report received and approved

PW 90-13: Backwater Valve Installation - Sanitary Building Drains: Council confirmed the requirement for the mandatory installation of Backflow Valves on newly constructed Sanitary Sewer Drain Connections. It adds only a few hundred dollars to the price of a new home, gives homeowners a discount on their insurance, and protects the municipality from liability claims. This will affect the hookups of the Eastside servicing project (who are now in the process of changing from septic to sewer) but there will otherwise be no retrofit requirements for existing homes.

The Ontario Building Code states "where a fixture may be subject to backflow, a backflow valve shall be installed when the fixture is located below the level of the adjoining street." The Ministry is saying that code enforcement is up to each municipality and it is their responsibility to enforce the Plumbing Code regarding the use of backwater valves as a risk management issue.

PW 91/13: Eastside Development Area - Phase 3 - Engineering Design Fees - Council confirmed the appointment of AECOM, to complete the detailed engineering of the Phase 3 works at a total cost of $326,535.00 inclusive of HST.

By-laws

  • Taken and passed collectively
  • By-law 1667: Being a By-law to Amend By-law 737 - Procurement By-law
  • By-law 1668: Confirmatory By-law
  • By-law 1669: Being a By-law to Amend By-law 1470 & 1578 (Wage Grid)
  • By-law 1670: Being a By-law to Regulate Mandatory Installation of Backwater Valves on Sanitary Sewer Connections

New Business

2014 User Fees Schedule: At McNeil's request, the by-law to approve the new user fees scheduled was deferred to the last meeting in January 2014. He said that as a result of meeting with user groups new information had come to light that required some changes.

December 23, 2013 meting: will be at 1:00 p.m. instead of in the evening, and short, dealing only with what has to be dealt with.

Unfinished Business
1. Tree Cutting By-law: staff directed to prepare a draft by-law for Council's consideration

Closed Session: no items


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