July 23, 2009MUNICIPALITY OF WEST ELGIN
AGENDA
COUNCIL MEETING
JULY 23, 2009
Council Chambers, West Elgin Municipal Building
DISCLOSURE OF PECUNIARY INTEREST
APPROVAL OF AGENDA
DELEGATIONS:
9:30 a.m. Jim Muraki re: WE Project
1:30 p.m. Court of Revision - Wismer Drain
1:45 p.m. Recreation Superintendent - security cameras
PLANNING: (131-135)
(see also correspondence items D1 - D3)
1.* Proposed severance - Part Lots B & C, Concession 10 (DeWild)
2.* Proposed severance - Part of Lot 6, Concession 14 (Miller)
3. Community Improvement Plan
4. Community Improvement Plan - Terms of Reference for Task Forces
5. Marina Improvements - Class EA
REPORTS: (C1-C8)
1. ROADS
a) Tender for truck
2. RECREATION
3. BUILDING
July 23, 2009 .............Page 2
4. WATER
a) Quotes for flow testing of fire hydrants
b) Quotes for Rodney Water Tower inspection
5. BY-LAW ENFORCEMENT
6. DRAINS
7. WEST ELGIN PRIMARY SYSTEM
a) Water Treatment Plant Official Opening
b) Quotations for plaques for Water Treatment Plant
8. ADMINISTRATION
a) Quotes for a concrete walkway around new laundry building at the Port Glasgow
Trailer Park
b) Quotation for DWQMS Support - OCWA
c) Quotation for preparation of Financial Plan for West Elgin Water System
d) Policy re: providing documents to the public
e) Driver training
ACCOUNTS
CORRESPONDENCE: (D1-D5)
1.* Lower Thames Valley Conservation Authority re: proposed severance (Miller)
2.* Port Glasgow Yacht Club re: pier project
3.* West Lorne Heritage Terrace
4. Elgin County Land Division Committee re: application for consent - Part Lot 3,
Concession 6 (Fleuren)
5.* Optimist Club of West Lorne re: splash pad
July 23, 2009 .............Page 3
BY-LAWS:
By-law No. 2009-52 Policy: Accessibility Standards for Customer Service
By-law No. 2009-53 Policy: Cellular Phones
By-law No. 2009-54 Driver Training Program
OTHER BUSINESS: (E1)
1. Closed session, if deemed necessary
*Information enclosed
CONFIRMING BY-LAW
ADJOURNMENT
NEXT MEETINGS
• August 10, 2009 Tri County Management Committee, 7:00 p.m.
• August 13, 2009 Council
f
13 July, 2009
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MEMORANDUM
TO: Members of Council
Municipality of West Elgin
FROM: Ted L. Walwa
#00081'1732
SUBJ: Proposed Severance - Adrian DeWiild - 20333 Marsh Line - Part of Lot B and part of Lot C,
Concession X - south side of Marsh Line - between Blacks Road and McPherson Road
9. Purpose
• to create a lot out of a 30.4 hectare (75 acre) parcel for the purpose of disposing a surplus farm dwelling;
o the lands being conveyed (Figure 1) have a frontage of 79.3 metres (260 ft), a depth of 85.3 metres (280 ft) and
an area of 6,764 square metres (1.7 acres). The parcel is occupied by an older single unit dwelling (estimated
by the owner to be in excess of 75 years old) and two barns. No change in use is proposed. The owner
purchased the farm in the spring of 2009;
o the lands proposed to be retained have a frontage of 400 metres (1,312 ft), a depth of 595 metres (1,952 ft) and
an area of 29.7 hectares (73.3 acres) The parcel has been cleared extensively for agricultural purposes with the
exception of a woodlot situated in the central portion of the farm and a solitary tobacco kiln which is proposed to
be removed. No change in use is proposed;
• neighbouring lands comprise a mix of agricultural use, primarily cash crop, interspersed with woodlots. Rural
residential development on small lots has been limited. No intensive livestock operations have been identified by
the owner in the vicinity of the proposed lot.
2. Provincial Policy Statement PPS and Official Plan
v in prime agricultural areas, the creation of a lot for the purpose of disposing a residence surplus to a farming
operation is permitted by the PPS. A surplus residence is defined as an existing farm residence that is rendered
surplus a result of farm consolidation. Farm consolidation is defined by the PPS as: the acquisition of additional
farm parcels to be operated as one farm operation. In this instance, the dwelling on the lands being conveyed is
Adrian DeWild - Proposed Severance
Municipality of West Elgin
July 13, 2009
page 2
#0008/9732
considered surplus to the needs of the recent purchaser (Adrian DeWild), whose principle residence (and home
farm) is located at 19911 Pioneer Line. Mr. DeWild has advised that he owns six other farms elsewhere in the
Municipality and presently farms the lands being retained;
® the PPS requires that residential dwellings are prohibited on any vacant remnant parcel of farmland created by
the severance. Such a restriction is appropriately addressed as a condition of consent, if granted, through the
application of a 'site-specific' zoning consistent with the practice of the Municipality in similar situations. The
owner is aware of this restriction. The application would be consistent with the PPS;
® the subject lands are designated 'Agricultural' in the Township of Aldborough Official Plan. The creation of
residential lots to dispose surplus farm dwellings is permitted provided:
a) the dwelling was in existence prior to adoption of the Plan;
b) it is not practical or feasible to relocate the dwelling to an existing vacant lot'
c) the dwelling is structurally sound and suitable for human occupancy;
d) the remainder of the farm is zoned to prohibit a dwelling (Section 2.1.15).
• the abovenoted criteria are satisfied or are capable of being satisfied. With respect to item b), re-location of the
dwelling is not considered practical and requiring its re-location would not serve any justifiable purpose. The
owner has advised that the dwelling is structurally sound and is presently occupied [item c)]. The owners
interest is with the workable farmland;
• other criteria to be satisfied include compatibility with surrounding lands use, availability of water supply,
suitability of the lot for on-site sanitary waste disposal, access and compliance with the Zoning By-law. Access
to the lands being conveyed and retained is available via existing entrances from Marsh tine and no additional
entrances are required or proposed. With respect to sanitary waste disposal, confirmation will be required to
ensure that the existing septic tank and tile field system is wholly contained on the lot proposed to be created
which, based on discussions with the owner, appears to be the case. This matter is determined by the CBO and
is appropriately addressed as a condition of consent, if granted. Conformity with the Official Plan appears
capable of being maintained;
® the size of the proposed lot, at 6,764 square metres (1.7 acres), is not considered excessively large for rural
residential purposes. Mr. DeWild has advised that he has established the lot boundaries taking into account the
Adrian DeWild - Proposed Severance
Municipality of West Elgin
July 13, 2009
page 3
#0008/1732
setback of the dwelling and barns from the road, the on-site well and sanitary waste disposal system, and a row
of mature trees which extends, in part, along the easterly proposed lot line. The loss of agricultural land has
been minimized to the greatest extent possible.
3. Zoning By-law
the subject lands are zoned Agricultural (Al). The proposed residential lot (i.e. lands being conveyed) would
require a re-zoning to Special Agricultural (A2) given its intended use and size. The lot would satisfy the
minimum lot area, maximum lot area and minimum lot frontage requirements (4,000 sq m, 1.0 ha and 50 m
respectively) of the A2 zone. Based on the information provided, all other yard and setback requirements of the
A2 zone are capable of being satisfied;
• the lands being retained would readily satisfy the minimum lot area and lot frontage requirements (19 ha and
150 m respectively) of the Al zone. A re-zoning to 'site-specific' Agricultural (Al-#) would be required to prohibit
a dwelling being erected on the parcel in the future as stipulated by the PPS and the Official Plan.
4. Conclusions
the proposed severance would represent a type of lot creation which is both contemplated and permitted by the
Provincial Policy Statement (PPS) and the Township of Aldborough Official Plan. The Official Plan provides for
the creation of lots occupied by dwellings considered surplus to the farm operation and suitable for habitation.
There is no particular stipulation in the PPS regarding when ownership of the farm occurs, only that the
acquisition of additional farm parcels to be operated as one farm operation is taking place. Based on the
information provided, a legitimate surplus farm dwelling scenario exists.
Adrian DeWild b Proposed Severance
Municipality of West Elgin
July 13, 2009
page 4
5. Recommendation
#10008/1732
That the proposed consent by Adrian DeWild be supported subject to the following conditions and the Elgin
Land Division Committee advised accordingly:
i) That the requirements of the Municipality, if any, are satisfied with respect to the existing on-site sanitary
waste disposal system serving the dwelling on the lands being conveyed;
ii) That the tobacco kiln on the lands being retained be removed, all debris associated therewith be
removed, and the lands leveled and restored to the satisfaction of the Municipality;
iii) That the lands being conveyed be re-zoned to Special Agricultural (A2) to permit their size and use for
residential purposes,
iv) That the lands being retained be re-zoned `site-specific' Agricultural (A9-##) to prohibit the erection of a
dwelling thereon in the future.
REASONS
i) The severance is 'consistent with' the Provincial Policy Statement;
ii) Conformity with the Official Plan of the Township of Aldborough would be maintained;
iii) The requirements of the Township of Aldborough Zoning By-law are capable of being satisfied;
iv) The matters set out in the Planning Act would be satisfied;
v) A legitimate surplus dwelling scenario would appear to exist.
ORIGINAL SIGNED BY
Ted L. Halwa, MCIP, RPP
Adrian DeWild
20333 Marsh Line
Part of Lot B and Part of Lot C
Concession X
® LANDS PROPOSED TO BE CONVEYED
mmm=ll
LANDS PROPOSED TO BE RETAINED
Municipality of WEST ELGIN
SCALE 1: 6,000 0
Metres
0 35 70 140 210 280
Figure: 1
MUNICIPALITY OF WEST ELGIN
MUNICIPALITY OF WEST ELGIN PAYMENT RECEIVED
"ATION FOR PROPOSED SEVERANCE S JUN 2 2 2009
PLEASE COMPLETE THE FOLLOWING: PER
1. PROPERTY OWNER: THANK YDU
NAME: 4,
ADDRESS: 0C4 et-'-
PHONE:
2. LOT k CONCESSION A) ACREACE OF TOTAL PARCEL: r
3. PARCEL TO BE SEVERED:
-2
ACREAGE a FRONTAGE 2~ DEPTHS
4. ACREAGE TO BE RETAINED: E~ a
5. REASONS FOR SEVERING AN AGRICULTURAL PARCEL - SURPLUS DWEL G ONLY
IS THE DWELLING SURPLUS TO THE NEEDS OF THE FARM? YES NO
WHEN WAS DWELLING CONSTRUCTED? ~ (YEAR)
IS THE DWELLING STRUCTURAL SOUND & SUITABLE OR POTENTIALLY SUITABL FOR
HUMAN OCCUPANCY? YES NO j qq 1 j r
01-n yj
WHERE IS YOUR PRINCIPLE RESIDENCE? C'v
MUNICIPALITY !
6. REASONS FOR SEVERING A PARCEL FOR OTHER THAN FOR SURPLUS DWELLINGS?
7. OTHER COMMENTS:
DATE t) SIGNATUR
NOT : here is n charge for the first time Council reviews a proposed severance application. The fee for
additional reviews and re-submissions by Council is $100.00 per instance. If you wish to attend the
council meeting, please contact the Clerk. Proposed severance applications are reviewed by Council
at their meeting held on the 41h Thursday of each month. Please submit this application by the 3rd
Wednesday of the month for inclusion in the agenda.
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20 July 2009
MEMORANDUM
TO., Members of Council
Municipality of West Elgin
FROM: Ted L. Halwa
#000811716
SUBJ: Proposed Severance - Robert A. Miller- 8589 Furnivall Road and 22165 Douglas Line (part of Lot 6,
Concession XIV - between Douglas Line and Furnival Road north of the Lake Erie shoreline - Port
Glasgow - Report #2
Following Council's review at its meeting of 25 June 2009 of the proposed severance of Mr. Robert Miller for
the purposes of enlarging an abutting parcel under the ownership of his spouse, Mrs Audrey Miller, we were
directed by Council to develop the conditions which would be appropriate to attach to any consent ultimately
granted by the Elgin Land Division Committee. The conditions listed below are designed to ensure that the
Zoning By-law is complied with; that premature development does not take place on the lot being enlarged
prior to other necessary approvals being obtained or necessary matters being addressed and that no
additional lot is being created. The conditions are.
1. That the lands being conveyed and the lands to which they are being added to be zoned Hamlet
Residential (HR-H) with removal of the H symbol contingent upon the following conditions being
satisfied:
i) a geotechnical report identifying the measures required to ensure a safe and secure building
site and vehicular access via an extension of Douglas Line,
ii) a certificate of approval or equivalent for the disposal of sanitary waste,
iii) a minor variance from the minimum setback requirements of the Zoning By-law from the one
hundred erosion limit of Lake Erie [(Section 4.14.2 d)],
iv) a permit from the Lower Thames River Conservation Authority pursuant to O.R. 152106,
RobertA Miller- Proposed Severance #0008117161
Municipality of West Elgin
20 July 2009
page 2
v) an extension of Douglas Line to the extent feasible to increase the frontage of the enlarged
parcel with all costs associated therewith being borne by the owner.
2.. That a minor variance is granted or an amendment to the Zoning By-law is adopted to permit a reduced
minimum lot frontage for the lands being conveyed and the lands to which they are being added;
3. That a consent is granted in perpetuity for the lands being retained over intervening parcels to Havens
Lake Road to provide legal access to the said lands;
4. That the lands being retained are rezoned site-specific Hamlet Residential (HR-#) to exempt them from
the requirements of the Zoning By-law with respect to Entrance Regulations (Section 4.5), Frontage on
a Public Road (Section 4.10) and Minimum Lot Frontage (Section 7.1.3).
5. That the lands being conveyed are registered in the same name and title as the lands to which they are
being added to;
6. That Section 50(3) of the Planning Act. R.S.O., 1990, as amended, applies to any future. transactions or
conveyances on the subject lands.
(original signed by)
Ted L. Halwa, MCIP, RPP
D1
~~pSION,g
O ~h 9O
~~IES VAL4~
CHAIRMAN
Brian King
Municipality of Chatham-Kent
VICE-CHAIRMAN
Stan Lidster
Township of Southwold
The Thames -ACanadian Heritage River
^74
Conservation
ONTARIO
The Canadian Heritage Rivers System N,h,ral Champions
July 9, 2009
MUNICIPALITY 01: WraST ELGIN
Ted Halwa by regular mall and email to thalwa0communityplan_ners.com "909IVED
Community Planners Inc. tit Z~
Middlesex County Bldg.
399 Ridout St. N.
London, ON N6A 2131 -
Re: Proposed Severance - Robert A. Miller - 8589 Furnival Road and 22165 Douglas Line
Part Lot 6, Con XIV, West Elgin
Dear Ted
We have reviewed the proposed severance with respect to the Conservation Authorities Act as well as the Federal
Fisheries Act. After reviewing our files and mapping, it has been determined that the proposal is within an area subject
to the Authority's Development, Interference of Wetlands and Alteration to Watercourses Regulation, R.S.O. 152106.
Also, as detailed in our Level II fish habitat agreement with the Department of Fisheries and Oceans (DFO), the Lower
Thames Valley Conservation Authority is responsible to evaluate proposed works as to their impact on fish habitat. In
relation to the Authority's Regulation the issues are proximity to the Great Lakes shoreline, erosion and bank stability.
In this area of the Authority we have determined that the 100 year erosion allowance is 62 metres. The stable slope
allowance provides for a 3 to 1 slope. Based on a bank height of 20 metres the stable slope allowance is 60 metres.
The Authority considers the 100 year erosion and bank stabilization allowance as 'critical' elements of the Regulation.
These are measured from the toe of the slope of the bluff. Flooding would not be considered to be a major issue as
the flood level of Lake Erie does not extend significantly up the bluff of the lake. The Regulated area includes an
additional 15 metre allowance that the Authority does not consider 'critical'.
An air photo of the area is attached which portrays the 'critical' elements of the Regulation.
Although the applicant does not seem to intend to construct anything on the property there is often an inference that
once a lot is created a person is therefore able to construct. Our guidelines require Authority staff object to the
creation of new lots within the 'critically' regulated area.
I trust this is satisfactory but if you have any questions please call the office.
Yours truly,
(A'ot-<.,,7
Jack Robertson
Water Management Supervisor JR
cc. Norma Bryant, West Elgin by email only to nbryantCa westelcrin.net
100 THAMES ST. a CHATHAM, ONT. • N7L 2Y8 a (519) 354-7310 o FAX(519)352-3435
JERRY G. CAMPBELL - GENERAL MANAGER 1 SECRETARY-TREASURER
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Port Glasgow Yacht Club Z) 0?1
P.O. Box 315 MUNICwaunrOFwssrs~
Rodney, On NOL 2C0 Pt~ULEC1 6LK{IED
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Municipality of West Elgin
With regards to the upcoming Pier Project, we are hoping that this project can be
completed as soon as possible. Over the past month, our usage of the harbour has
increased approximately fifty percent to date. We are deeply concerned about the
safety issues that this may create. We deem this project essential to the area, and
believe that once it is completed the usage will continue to increase.
We hope the environmental process is expedited, because time is of the essence.
Best Regards
Wayne N. Reinhart
Secretary
Port Glasgow Yacht Club
Page 1 of 2
.D 3
Norma Bryant
From: "Malcolm Ross" <malcolmross@xplornet.com>
To: <mayor@westelgin.net>; <jgroch@westelgin.net>; <nbryant@westelgin.net>; <thalwa@communityplanners.com>
Cc: <twineagles9678@yahoo.ca>; <bethar@xplornet.com>; <cmelito@wechc.on.ca>; <stephen.huver@f55f.com>;
<rnwhite@execulink.com>
Sent: Sunday, July 19, 2009 10:22 AM
Attach: 2902 - Heritage Terrace - Apr-29-09 - Site plan (2).pdf; RFP 09-020 Additional Conditions doc
Subject: West Lorne Heritage Homes - Phase 2
To West Elgin Council
West Lorne Heritage Homes submitted a proposal to the City of St. Thomas for an additional 16
units of seniors housing in response to a Request For Proposals in May 2009.
The proposal was to construct a second apartment building similar to the one completed in
August 2008 on lands owned by the Municipality of West Elgin to the east of the existing
building. A proposed site plan is attached. The concept is to duplicate the existing building and
link the new with the existing by way of a community hub space that would house additional
services operated by the West Elgin Community Health Centre. the land required includes the
Isabella Street road allowance and site plan review would dictate if Isabella Street is required for
fire access etc. If that is the case the site plan would be revised to locate parking off Munro
Street.
At the time of the RFP the guidelines for the Federal/Provincial Affordable Housing Program
were not completed. Those guidelines were issued June 2009.
The service provider for the County has requested that proponents update their proposals
based on the new guidelines and to indicate when the project could potentially start
construction.
There are two potential opportunities for the first round of funding.
1. Those projects that can start construction by October 31, 2009.
2. those projects that can start construction by March 2010.
It appears that Heritage Homes should be focussing in the March 2010 date.
As was the case for the Heritage House the following steps have to take place to meet the
guidelines and deadline.
1. Request to West Elgin Council by West Lorne Heritage Homes to purchase additional
land for the project.
2. By-law for the Municipality to dispose of the land
3. Rezoning of the land (currently Open Space designation)
4. Survey of the land required
5. Possible closing (or opening) of the Isabella Street right of way
6. Site Plan application and approval
7. Removal of contaminated soil. Soil testing previously conducted on the lands indicate
that the top 1 metre of soil will have to be removed similar to the Heritage House site.
8. Certificate from a soil engineer to MOE for approval.
9. Extend Munro Street (possibly open Isabella Street)
10. Services were sized to accommodate further development to the east but the site
planning and services will have to be designed by an engineer
11. Submit drawings and plans for building permit
7/20/2009
Page 2 of 2
Fortunately the funding under the program has increased from $70,000 per unit to up to $150,000 per unit which
should reduce the contribution of the sponsor and may eliminate some of the contribution by Municipality.
On behalf of the Board of West Lorne Heritage Homes, this is a request for the Municipality of West Elgin to consider
the sale of the lands to the east of 154 Munro Street to WLHH for the purposes of additional seniors housing.
Please contact me if you have any questions.
Malcolm Ross
33901 Maguire Road, Ailsa Craig ON NOM 1A0
7 519 293 3833 F 519 293 3031
malcolmross@xplornet.com
7/20/2009
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Municipality of West Elgin
Box 490
Rodney, On
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RE: SPLASH PAD
P.O. Box 61
West Lome, ON
NQL ?PO
July 15, 2009
We have received word from the three avenues for funding for the splash pad as
mentioned at our last council meeting on Feb 12/09 were it was stated that all funding by
the West Lorne Optimist Club would cease as of July /09.
Unfortunately all three have rejected our proposal. I am enclosing a copy of a letter from
L'ibro Financial and an email from the County of Elgin stating their reasons. We
approached the Royal Bank Of Canada but since we could not produce a Registered
Charity number, we could not proceed with the application online and that was the only
way to get funding from them. Therefore the balance of $10,050.22 remains.
Thanks for your support on this project and for covering this unpaid balance in the 2009
budget. We hope that you will work with us again if we have another project for Miller
Park in West Lorne.
We are still waiting for the sign to be erected by the splash pad recognizing all donors
over $1000. I had hoped it would be done by this time and would ask that you might push
for a completion date as I have had many meeting with Jeff Slater/ Ed Doherty about this
without any success.
Thanks again for all your support and as you probably have seen, the splash pad has
already made the front cover of our local paper twice this year. We are so happy that we
now have a fun water activity in West Lorne to be enjoyed by all.
Sincerely.
Kathy Jo ston/chairperson
/kJ
A member of
over thirty years
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