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August 12, 2010MUNICIPALITY OF WEST ELGIN AGENDA COUNCIL MEETING AUGUST 12, 2010 COUNCIL CHAMBERS, WEST ELGIN MUNICIPAL BUILDING DISCLOSURE OF PECUNIARY INTEREST ADOPTION OF AGENDA MINUTES (Al A10) July 15, 2010 Council BUSINESS ARISING FROM MINUTES DELEGATIONS 9:30 a.m. 10:00 a.m. 10:30 a.m. 1:30 p.m. 2:00 p.m. 2:30 p.m. PLANNING: (C1 -C7) See also correspondence item D9 Chuck Quintyn re: proposed severance (C1) Public Meeting Rezoning (Statkevicis) (B1) Louise Begin re: Third Street (C2) Robert Newport re: proposed severance (C3) Malcolm Ross re: Heritage Homes site plan agreement (C4) Duncan McPhail re: IPM Derek Pickering re: Lawn Bowling parking Paul Gangle re: West Lorne post office outlet (G1) 1.* Proposed severance Lots 8 9, Concession 14 Quintyn) 2. Louise Begin proposal for extension of Third Street 3. Proposed severance Lot 10, Concession BF (Newport) 4. West Lorne Heritage Homes Community Centre site plan deeming by- law August 12, 2010 Page 2 5.* Report re: Business Improvement Area 6. Havens Lake Road update 7. Provincial Policy Statement review REPORTS (D1 -D8) 1. ROADS 2. RECREATION a) Park Benches (RINC grant) 3. BUILDING 4. WATER a) Sale of ATV (Port Glasgow Trailer Park) 5. RURAL DEVELOPMENT OFFICER 6. BY -LAW ENFORCEMENT 7. DRAINS a) Drainage Apportionment Staddon Drain 8. WEST ELGIN PRIMARY SYSTEM 9. ADMINISTRATION a) Animal control contract ACCOUNTS CORRESPONDENCE (El E23) COUNCIL CONSIDERATION RECOMMENDED: 1.* Town of New Tecumseth distribution of HST petition; 2* Town of New Tecumseth request for support of a resolution pertaining to legislation for firefighters; August 12, 2010 Page 3 3.* MPoWER letter of support for the surplus land around Havens Lake Road; 4.* Royal Canadian Legion Branch 221 Lottery proceeds; 5 Township of Malahide request for support of a resolution for a portion of the HST generated through the sale of gasoline be given to municipalities; 6.* Norm Miller letter to Council regarding surplus land around Havens Lake Road; (Pictures submitted of attendance at Fish Fry event available for viewing at municipal office) 7.* Port Glasgow Yacht Club thank you letter for support of fish fry; 8.* Melanie McLeod request for road closure; 9.* Elgin County County Official Plan, RECOMMENDED TO ACCEPT FILE: 10. AMO Town of Tecumseh Mayor request for support for President of AMO; Ontario's Environmental Commissioner report on Hazardous Waste; Report of June 2010 Board Meeting; 11. Middlesex Hospital Alliance Renovations update Strathroy hospital; 12. CUPE Child Care Worker Early Childhood Educator Appreciation Day; 13. Elgin County donation to the Ontario Good Road's Association Fund; 14. Elgin County Land Division Committee Notice of Decision Trustee Board of the Presbyterian Church of Canada; 15. Elgin County Land Division Committee Notice of Decision Parezanovic Farms Inc.; 16. Elgin County Land Division Committee Notice of Decision McIntyre Clan Ltd.; 17. Elgin County Land Division Committee Notice of Decision Herman Kathryn Minnema; 18. Rural Ontario Institute enclosure document "TORC Legacy 1998- 2010 19. Elgin Group Police Services Board Minutes of May 27 2010; 20. Elgin Group Police Services Board Minutes of July 21, 2010; 21. Land Use Council Monitoring the Conservation Ontario Corporation 22. Water for People Canada request for donation; 23. Citizenship and Immigration Canada changes to the Multicultural Program. August 12, 2010 Page 4 BY -LAWS: By -law No. 2010 -57 By -law No. 2010 -58 By -law No. 2010 -59 By -law No .2010 -60 By -law No. 2010 -61 By -law No. 2010 -62 By -law No. 2010 -63 MINUTES (F1) *West Elgin Arena Board June 1, 2010 OTHER BUSINESS (G1 -G3) 1. West Lorne Post Office outlet 2. Council announcements 3. Closed session property matter Information enclosed CONFIRMING BY -LAW ADJOURNMENT NEXT MEETINGS: August 30, 2010 September 9, 2010 September 23, 2010 Authorize agreement re: Mutual Assistance (declared emergency) Zoning Amendment Statkevicius Remove "H" A- Xcavating (Hoskins Line) Deeming By -law Heritage Homes Site Plan Agreement Heritage Homes Regulate operation of buses on municipal streets Authorize agreement with Clarke Construction Inc. (watermains) Tri County Management Committee, 7 p.m. Council Council MEMBERS PRESENT: STAFF PRESENT: DECLARATION OF PECUNIARY INTEREST: None SUBJECT: ADOPTION OF AGENDA MINUTES OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS JULY 15, 2010 Mayor Graham Warwick, Deputy Mayor Bernie Wiehle Councillors Trudy Balint, Mary Bodnar, Jonathan Wolf Joanne Groch Norma Bryant Paul VanVaerenbergh Jeff Slater Mike Kalita Karen Kendrick Diamond Lorne McLeod John Ungar Administrator/Treasurer Clerk Roads Superintendent Recreation Superintendent Acting Water Superintendent Rural Development Officer Chief Building Official Drainage Superintendent RES. NO. 1 Moved by Balint Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin approves the agenda for July 15, 2010 as printed and circulated with the following additions: Draft bus restriction by -law Windows at West Elgin Recreation Centre Beattie Haven Retirement Community request for funding Quotes for installation of blow off equipment DISPOSITION: Carried SUBJECT: MINUTES RES. NO. 2 Moved by Bodnar Seconded by Balint RESOLVED that the minutes of the meeting held on the following dates be adopted as printed and circulated. Special Session Council Council June 8, 2010 June 10, 2010 June 24, 2010 DISPOSITION: Carried SUBJECT: ROAD DEPARTMENT REPORT The Road Superintendent presented his monthly report. July 15/10...Pg 2 of 10 SUBJECT: QUOTATIONS FOR SALE OF TRUCK Council received one quotation for the sale of 1999 GMC truck AS IS RES. NO. 3 Moved by Bodnar Seconded by Wolf RESOLVED that the Council of the Municipality of West Elgin accepts the quotation of Craig Elliott in the amount of $500.00 for purchase of a 1999 GMC truck AS IS DISPOSITION: Carried DELEGATION: HELEN OKOLISAN, LARRY OKOLISAN RE: DRAINAGE ISSUE Also in attendance: Chief Building Official, Drainage Superintendent Mr. Okolisan reported that a berm on lot 10 on Catherine Street that is adjacent to their farm property has been removed. The result is that water from that subdivision is going on their property. Water was supposed to be diverted to the pond at the rear of the subdivision. He is requesting that the berm be put back. The Drainage Superintendent suggested that the water on their farmland originates from the road south and that an inlet should be placed in the low area of the farmland. The grading plan is part of the subdivision agreement and it up to the new owner to replace the berm. Council directed that the Drainage Superintendent check the elevation. If deemed necessary, a letter be sent to the new owner. SUBJECT: RECREATION DEPARTMENT REPORT The Recreation Superintendent presented his monthly report. SUBJECT: LAWN BOWLING CLUB The Recreation Superintendent reported that signs have been erected on Jessie Street restricting parking to lawn bowlers only. Complaints have been received from residents on Jessie Street. Council directed that a letter be sent to the Club that the signs and tape should be moved. The Recreation Superintendent advised that they are spraying their greens. This is acceptable but the signage posted in insufficient. The Club should notify the municipality. SUJBECT: TENDERS FOR REFRIGERATION EQUIPMENT UPGRADES Council received the following tenders for refrigeration equipment upgrades at the West Elgin Arena: Drennan Refrigeration Cimco Refrigeration Black and McDonald TOTAL TENDER (plus taxes) $126,490.00 $179,665.00 $122,600.00 July 15110...Pg3of10 RES. NO. 4 Moved by Wolf Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin accepts the tender of Black MacDonald in the amount of $122,600.00 plus taxes for replacement of refrigeration equipment at the West Elgin Arena. DISPOSITION: Carried SUBJECT: PORTABLE PA SYSTEM The Recreation Superintendent presented a report on the purchase of a portable sound system. Council directed that a policy for its use outside of municipal staff be brought forward. SUBJECT: WINDOWS AT RECREATION CENTRE The Recreation Superintendent reported that the windows at the Recreation Centre need to be replaced. He will need to reallocate his capital expenditures for this and proceed to get quotes. SUBJECT: BUILDING REPORT The Chief Building Official was not in attendance. Council reviewed the monthly report for May, 2010. In May nine permits were issued totalling $600,890.00 worth of construction. SUBJECT: WATER DEPARTMENT REPORT The Acting Water Superintendent presented his monthly report. Council gave direction that rates would not be changed for the property at the end of Dymock Line. SUBJECT: QUOTATION FOR AUTOMATIC FLUSHING SYSTEMS Council received the following quotations for automatic flushing systems: QUOTE TOTAL QUOTE (6) (PER UNIT) (PLUS TAXES) ES Utiity Municipal Products $2,770.00 $16,620.00 HM Pipe Products $3,798.80 $22,792.80 RES. NO. 5 Moved by Balint Seconded by Wiehle RESOLVED that the Council of the Municipality of West Elgin accepts the quotation of Evans Utility and Municipal Product Supply in the amount of $16,620.00 plus taxes for 6 automatic flushing systems. DISPOSITION: Carried SUBJECT: QUOTATION FC,r2 INSTALLATION OF AUTOMATIC FLUSHING SYSTEM Council received the following quotations for the installation of automatic flushing systems: MCD Construction Robinson Farm Drainage QUOTE (PLUS TAXES) $1,000.00 per unit $1,500.00 per unit July 15110...Pg 4 of 10 RES. NO. 6 Moved by Bodnar Seconded by Wolf RESOLVED that the Council of the Municipality of West Elgin accepts the quotation of MCD Construction in the amount of $4,000.00 plus taxes for installation of 4 automatic flushing systems. DISPOSITION: Carried SUBJECT: TENDER FOR WATERMAINS FOR THOMSON LINE AND RIDGE STREET Council received the following tenders for watermains for Thomson Line and Ridge Street: Clarke Construction Robinson Farm Drainage Delway Contractors Sandale Utility Products HM Pipe Products UNIT PRICE $4.94 $5.40 TOTAL TENDER (PLUS TAXES) $273,493.79 $291,985.00 $353,982.30 RES. NO. 7 Moved by Balint Seconded by Wiehle RESOLVED that the Council of the Municipality of West Elgin accepts the tender of Clarke Construction Inc. in the amount of $273,493.79 plus taxes for watermains for Thomson Line and Ridge Street. DISPOSITION: Carried SUBJECT: QUOTATION FOR PIPE FOR THOMSON LINE Council received the following quotations for 6" HDPE pipe for Thomson Line: TOTAL QUOTATION (PLUS TAXES) $16,203.20 $17,820.00 RES. NO. 8 Moved by Bodnar Seconded by Wolf RESOLVED that the Council of the Municipality of West Elgin accepts the quotation of Sandale Utility Products in the amount of $16,203.20 plus taxes for 6" HDPE pipe for Thomson Line. DISPOSITION: Carried SUBJECT: RURAL DEVELOPMENT OFFICER REPORT The Rural Development Officer presented her monthly report. The tentative date for the Community Expo is October 16 from 11:00 a.m. to 4:30 p.m. SUBJECT: BY -LAW ENFORCEML JT REPORT Council reviewed the By -law Enforcement report. SUBJECT: QUOTATION FOR REMOVAL OF BUILDING Council received one quotation for removal of a building. July 15/10...Pg 5 of 10 RES. NO. 9 Moved by Wolf Seconded by Wiehle RESOLVED that the Council of the Municipality of West Elgin accepts the quotation of Timmermans Drainage Excavating in the amount of $11,500.00 plus taxes for removal of buildings in accordance with order 2010-WE-01. DISPOSITION: Carried SUBJECT: INTERNATIONAL PLOWING MATCH (IPM) Council reviewed a report regarding a member of staff from the Water Department assisting in the installation of waterlines for the IPM. RES. NO. 10 Moved by Wiehle Seconded by Balint RESOLVED that Council of the Municipality of West Elgin authorize 3 weeks plus 3 day paid leave for the Special Projects Manager to assist at the IPM installation of water lines. DISPOSITION: Carried SUBJECT: STAFF VOLUNTERS FOR IPM RES. NO. 11 Moved by Balint Seconded by Wiehle RESOLVED that Council authorize staff of West Elgin to participate as volunteers for IPM in September. Staff to volunteer for a minimum of 1 /2 day (4 -5 hours), to be paid for full day, participation at the discretion of the Administrator. DISPOSITION: Carried SUBJECT: EMERGENCY MANAGEMENT The Administrator reported that the Central Elgin Fire Chief has agreed to facilitate the emergency exercise in the fall. A trained Emergency Management Coordinator staff person is required under tegislation. She has discussed the assuming of this duty with the Recreation Superintendent. The amount of time required to complete the required tasks is unknown. Council agreed that the Recreation Superintendent take on this work and report back to Council on his needs. SUBJECT: DRAFT BUS RESTRICTION BY -LAW The Clerk presented a draft bus restriction by -law. Council gave direction that this restriction should apply to Gilbert, Anne and Frederic Streets between Finney Street and Graham Road. SUBJECT: BEATTIE HAVEN RETIREMENT COMMUNITY Council received a request from the Beattie Haven Retirement Community for a grant for a bell call system. The estimated cost is $32,379.00. RES. NO. 12 Moved by Wiehle Seconded by Wolf RESOLVED that Council of the Municipality of West Elgin authorize a grant in the amount of $25,000.00 for the purchase of a bell call system. DISPOSITION: Carried July 15/10...Pg 5 of 10 DELEGATION: RON KOt1DYS, HOWARD CULLIGAN RE: SEASIDE DEVELOPMENTS RES. NO. 13 Moved by Wiehle Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin will hear the delegation from Norm Miller. DISPOSITION: Carried Mr. Miller noted that the lands south of the hill to the marina are not surplus lands. The Yacht Club need these lands. He suggested a site meeting with the 3 parties, survey staked. Mr. Koudys noted that the application for surplus lands is for lands outside the proposed right -of -way of 25 metres. Their proposals do not change parking on the road allowance. Further, parking for their development will be on their land, parking will be increased. They are requesting Council's support to include these lands as part of their submission to MMAH. A letter from Spriet Associates and an email from the Planner were reviewed. The following resolution was introduced. Councillor Balint requested a recorded vote. RES. NO. 14 Moved by Balint Seconded by Wolf RESOLVED that the Council of the Municipality of West Elgin agrees in principle to the closure of parts of Havens Lake Road outside of the proposed 25 metre right -of -way subject to: 1. that a draft survey be prepared and be staked on site and submitted to the municipality for review and approval; 2. compensation; 3. appropriate up- grading of services; 4. approval from MNR; 5. agreement with municipality. Balint yes Wolf yes Bodnar no Warwick yes Wiehle no DISPOSITION: Carried The following resolution was introduced. Councillor Balint requested a recorded vote. RES. NO. 15 Moved by Balint Seconded by Wolf BE IT RESOLVED that Council supports, in principle, the fully serviced residential commercial- recreational development in Port Glasgow proposed by Seaside Waterfronts Inc., which it recognizes as being consistent with the Provincial Policy Statement and in conformity with the existing Official Plan of the former Township of Aldborough and the proposed, albeit unapproved, Official Plan of the Municipality of West Elgin and which has been demonstrated to comprise an appropriate and desirable development for Port Glasgow and the Municipality as -a -whole and further that Seaside Waterfronts Inc. proceed to submit all appropriate applications in order to obtain all requisite approvals for the proposed development including but not necessarily limited to plans of subdivision /condominium from the Ministry of Municipal Affairs and Housing and certificates of approval from the Ministry of Environment. July 15110,..Pg 7 of 10 RES. NO. 15 cont'd Recorded vote: Balint yes Wolf yes Bodnar yes Warwick yes Wiehle yes DISPOSITION: Carried DELEGATION: JOHN DRAYER KRAUSS, ELAINE PULLEN RE: CANADA POST PROPOSAL FOR WEST LORNE Also in attendance: Road Superintendent Mr. Krayer- Krauss reported that Canada Post is going to install community mailboxes in West Lorne instead of the existing postal box location. Service will be continued at B &J Variety. Canada Post will be reviewing who is the customer, where do they live, where can community boxes be located, work with municipality. It was noted that service clubs and organizations require postal boxes; these could be provided at B &J Variety. This will be reviewed. Concerns were raised regarding the lack of sidewalks in areas of West Lorne, additional costs for snow plowing sidewalks, use by the elderly, loss of central location to bring community into downtown. Council was not happy with this proposal and were advised to raise concerns with the local M.P. SUBJECT: ACCOUNTS RES. NO. 16 Moved by Wiehle Seconded by Balint RESOLVED that the Mayor and Administrator /Treasurer are hereby authorized to sign Payment Voucher #7 amounting to $1,950.753.66 in settlement of General, Road, Water and Arena Accounts (including cheques: #5915- 6137). DISPOSITION: Carried SUBJECT: CORRESPONDENCE 1.* City of Kawartha Lakes request for support of a resolution for legislation changes regarding oil spills Instruction: File 2.* Township of Springwater request for support of a resolution regarding Bill 13, Waste Water Systems Improvement Maintenance Act, 2010 Instruction: RES. NO. 17 Moved by Balint Seconded by Wiehle RESOLVED that Council of the Municipality of West Elgin is in support of a resolution put forth by the Township of Springwater regarding the Private Member's Bill 13. DISPOSIITION: Carried 3.* Township of Essa request for support of a resolution to amend the Municipal Elections Act Instruction: File 4.`' St. Ilijah Serbian Orthodox Church request for support for a celebration picnic Instruction: A- g July 15/10...Pg 8 of 10 RES. NO. 18 Moved by Balint Seconded by Wiehle RESOLVED that Council has no objections to the St. Ilijah Serbian Orthodox Church holding a celebration picnic including the serving of alcohol on August 1, 2010 at their church in Eagle. DISPOSITION: Carried 5.* Town of Atikokan request for support of a resolution to the Ministry of Transportation Instruction: File 6.* Betty Skip Patterson request to waive fees for the West Elgin Recreation Centre for Vacation Bible School instruction: RES. NO. 19 Moved by Bodnar Seconded by Wolf RESOLVED that the Council of the Municipality of West Elgin authorize the waiving of rental fees for the use of the West Elgin Recreation Centre on August 16 to 20, 2010 for the Vacation Bible School. DISPOSITION: Carried 7.* Ministry of Municipal Affairs Housing invitation to the 2010 Ontario West Municipal Conference Instruction: Carried 8.* Joe Preston, MP request for submission for recommendations to the Federal Budget Instruction: Carried 9.* Tiny Tots Co- operative Nursery School request for increase in budget Instruction: Advice what is in the approved budget for the licensing office. 10.* Township of King request for support to the Provincial Government for changes to the Planning Act Instruction: File 11. Municipal Employee Pension Centre OMERS Update Instruction: File 12. Ontario Good Roads Association applauds Extension of 407 Instruction: File 13. The College of Physicians and Surgeons of Ontario council award Instruction: File 14. Local authority Services Ltd. Municipal Energy Performance Benchmarking Project Instruction: File 15. Lower Thames Valley Conservation Authority May 27 Minutes Instruction: File 16. Muscular Dystrophy Canada congratulations letter to West Lorne Fire Department Instruction: File July 15/10...Pg 9 of 10 17. Ministry of Aboriginal Affairs distribution of Framework program Instruction: File 18. Canadian Union of Postal Workers —The Canadian Postal Service Charter and the Future Instruction: File 19. Employment Services Elgin letter of support for Seaside Development Instruction: File 20. Ontario Heritage Trust invitation to participate in our 2010 volunteer recognition programs Instruction: File 21. Ontario Ministry of Agriculture Food Rural Affairs applications for the 2010- 2011 Museums Technology Fund Instruction: File 22. MMAH Student Vote Local Government Week Instruction: File RES. NO. 20 Moved by Wolf Seconded by Bodnar RESOLVED that the correspondence be dealt with as per the instructions of Council as noted. DISPOSITION: Carried SUBJECT: BY -LAW NO. 2010 -54 TRANSFER LANDS TO HERITAGE HOMES RES. NO. 21 Moved by Balint Seconded by Wiehle RESOLVED that the mover be granted leave to introduce a By -Law to authorize the execution of a transfer of lands and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 22 Moved by Wiehle Seconded by Balint RESOLVED that a By -law to authorize the execution of a transfer of lands to West Lorne Heritage Homes Not for Profit be now read a third time and finally passed, signed, sealed and numbered By -law Number 20110 -54 Heritage Homes DISPOSITION: Carried SUJBECT: BY -LAW NO. 2010 -55 JOINT COMPLIANCE AUDIT COMMITTEE RES. NO. 23 Moved by Wolf Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By -Law to establish the Elgin Election Joint Compliance Audit Committee and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 24 Moved by Bodnar Seconded by Wolf RESOLVED that a By -law to establish the Elgin Election Joint Compliance Audit Committee be now read a third time and finally passed, signed, July 15110...Pg10of10 RES. NO. 24 cont'd sealed and numbered By -law Number 20110 -55 Joint Compliance Audit Committee DISPOSITION: Carried SUBJECT: CLOSED SESSION RES. NO. 25 Moved by Balint Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin adjourn to a closed session to discuss personal matters about an identifiable individual and labour relations or employee negotiations. DISPOSITION: Carried RES. NO. 26 Moved by Wolf Seconded by Balint RESOLVED that the Council of the Municipality of West Elgin do now rise and report DISPOSITION: Carried The Mayor reported that direction had been given to staff on the interpretations of Human Resources Policies 1.1 and 4.2. SUBJECT: CONFIRMATION BY -LAW RES. NO. 27 Moved by Wolf Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By -Law to confirm the proceedings of the meeting held on July 15 2010 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 28 Moved by Bodnar Seconded by Wolf RESOLVED that a By -law to confirm the proceedings of the meeting held on July 15 2010 be now read a third time and finally passed, signed, sealed and numbered By -law Number 2010 -56— Confirming By -law July 15 2010 DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO.29 Moved by Balint Seconded by Wiehle RESOLVED that this Regular Meeting of Council shall adjourn at 5:05 p.m. to meet again August 12, 2010. DISPOSITION: Carried These minutes were adopted on the 12 day of August, 2010. Mayor Clerk MUNICIPALITY OF WEST ELGIN PUBLIC MEETING ZONING BY -LAW AMENDMENT Jonas Statkevicius 26076 Talbot Line DATE TIME: 9:30 a.m. Thursday, August 12 2010. LOCATION: West Elgin Municipal Building 22413 Hoskins Line north of the Village of Rodney. PURPOSE: To consider a proposed amendment to the Zoning By -law of the former Township of Aldborough. The proposed amendment would change the zoning of the lands Tying on the north side of Talbot Line (County Road No. 3) east of Eagle, comprising part of Lot 21 and part of Lot 22, Concession XII, from the Agricultural (A1) Zone to a 'site- specific' Agricultural (A14t) Zone and the Special Agricultural (A2) Zone. The rezoning is necessary to maintain compliance with the Zoning By -law and fulfill a condition of consent imposed by the County of Elgin Land Division Committee in granting permission to create a lot for the purpose of disposing a surplus farm dwelling (Application for Consent E81/09). The lands proposed to be rezoned Special Agricultural (A2) comprise an area of 6,899 square metres (1.7 acres), a frontage of 71.6 metres (235 ft) and a depth of 96.3 metres (316 ft). The parcel is occupied by an older single unit dwelling and a detached garage. No change in use is proposed. The parcel satisfies the minimum lot area, maximum lot area and minimum lot frontage requirements (4,000 sq m, 1.0 he and 50 m respectively) of the A2 zone. The lands proposed to be rezoned 'site- specific' Agricultural (A1-#) constitute the remainder of the farm and comprise an area of 49.4 hectares (122 acres), a frontage of 380 metres (1,247 ft) and a depth of 770 metres (2,526 ft). The parcel is devoid of buildings and structures and has been cleared for agricultural purposes with the exception of woodlands situated at the rear of the parcel. No change in use is proposed. The 'site- specific' (i.e. A1-#) zoning would prohibit a dwelling being erected on the lands as stipulated by the PPS and the Township of Aldborough Official Plan. The subject lands are designated `Agricultural' in the Township of Aldborough Official Plan. The proposed amendment is considered to be in conformity with the Plan. ANY PERSON may attend the public meeting and /or make a written or verbal representation either in support of, or in opposition to, the proposed amendment. IF A PERSON OR PUBLIC BODY that files an appeal of a decision of the Council of the Corporation of the Municipality of West Elgin in respect of the proposed zoning by -law does not make oral submissions at a public meeting or make written submissions to the Council of the Corporation of the Municipality of West Elgin before the proposed zoning by -law is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. ADDITIONAL INFORMATION relating to the proposed amendment is available between 9:00 a.m. and 4:00 p.m. at the Municipal Office or from the Municipal Planner, Mr. Ted Halwa, at (519) 963 -1028 (London, Ontario). THE information and material required under Sections 34(10.1) and 34(10.2) of the Planning Act have been provided and this shall serve as sufficient notice of same under Section 34 (10.4) of the Act. DATED AT RODNEY this al 57- day of July, 2010. Norma Bryant Clerk Municipality of West Elgin 22413 Hoskins Line P.Q. Box 490 Rodney, Ontario NOL 2C0 Telephone: (519) 785 -0560 Fax: (519) 785 -0644 Email: nbryant @westelgin.net APPLICATION FOR A ZONING BY-LAW AMENDMENT: P5/2010 Jonas Statkevicius 26076 Talbot Line Part of Lot 21 and Part of Lot 22, Concession XII Municipality of West Elgin Municipality of WEST ELGIN Municipality of f BF 1 Southwest Middlesex j BEATTIE LINE l PEENING LINE a 0 cK II 0 z w z f p z J II O II Y Clachan JOHNSTON LINE 2 III IV V VI Vi &VII Y I VII a I x a VIII al A B C IX zl w M I, 25 XII GIBB LINE MCLEAN LINE KINTYRE LINE MCDOUGALL LINE HWY 401 HOSKINS LINE DOWNIE LINE MCMILLAN LINE PIONEER LINE 1 2 3 4 5 6 MARSH LINE THOMSON LINE O ce SILVER CLAY LINE u- u- TALBOT LINE Rodney 7 8 9 10 11 12 New Glasgow Port Glasgow QUEENS LINE C 1 MI NM LANDS PROPOSED TO BE RE -ZONED TO SPECIAL AGRICULTURAL (A2) LANDS PROPOSED TO BE RE -ZON TO 'SITE SPECIFIC' AGRICULTURAL (A1 13 14 15 16 17 18 LAKE ERIE GRAY LINE West Lorne 19 20 21 22 23 24 x Eagle Mir rAllt 1:10 t Metres 0 1,250 2,500 3,750 5,000 9 August, 2010 MEMORANDUM #000811891 TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa SUBJ: Proposed Consents Charles Michellle Quintyn 23011 Gray Line Part of Lot 9 and part of Lot 10, Concession XIV south side of Gray Line west of Mistele Sideroad 1. Purpose C r e to sever a 34 hectare (84 acres) parcel into six smaller parcels, 5 of which would constitute residential building lots; o the lands proposed to be developed have a frontage of 421 metres (1,381 ft) on Gray Line and an area of approximately 16.6 hectares (41 acres). The parcel which is bounded by the Lake Erie shoreline on the south is without buildings or structures having been cleared extensively for agricultural purposes with the exception of small wooded areas along the easterly and westerly boundaries and a narrow intervening wooded corridor running parallel to Gray Line approximately half way into the site. The primary asset of this relatively flat site are the views it offers of the Lake Erie shoreline views which are enhanced well into the subject lands as a result of the high bluff which characterizes the shoreline in this area. Access to the water's edge is not readily available. Otherwise the site lacks any distinguishing features in its present state; the proposed lots range in depth from 387 metres (1,269 ft) to 400 metres (1,312 ft) and would extend from Gray Line to the shoreline. The three middle building lots would have frontages of 70 metres (230 ft) and areas of 2.8 hectares (6.8 acres). The easterly lot would have a frontage of 91.4 metres (300 ft) and an area of 3.6 hectares (8.9 acres). The westerly lot, being the largest of the five, would have a frontage of 119.2 metres (391 ft) and an area of 4.8 hectares (11.8 acres); the lands remaining have a frontage of approximately 489 metres (1,604 ft) and an area of 17.6 hectares (43.4 acres) and is occupied by a single unit dwelling erected in 2003. The dwelling is occupied by the owners on a seasonal basis. The lands are extensively wooded by what is described by the owners as a Charles Michelle Quintyn Proposed Consents Municipality of West Elgin August 9, 2010 page 2 mature Carolinian Forest. A small cultivated field of approximately 2 ha (5 acres) lies between Gray Line and the dwelling. No development or change in use is proposed on these lands; concerns have been raised by Council in the past (i.e. in consideration of a previous proposal to sever the subject lands into two parcels in 2008) as to whether granting the application would be premature, whether it would be inconsistent with past decisions to discourage the fragmentation of agricultural land and the precedence it would set for applications by others in similar situations. 2. Provincial Policy Statement and Official Plan the subject lands are designated 'Lakeshore Recreation' except for a small portion which is designated 'Agricultural' in the existing Official Plan (Township of Aldborough). They are zoned 'Lakeshore Residential' in their entirety. Taking both the Official Plan and Zoning By -law together, the lands are considered to constitute a 'Settlement Area' under the Provincial Policy Statement (PPS). Development is permitted and anticipated in 'Settlement Areas'. Land use patterns are to be based on densities and a mix of land uses including the efficient use of land and resources. Matters related to the provision of services, natural hazards (in this instance, the Lake Erie shoreline, natural heritage and cultural heritage) are also addressed by the PPS and must be considered; in areas designated 'Lakeshore Recreation' in the Official Plan, development proposals are subject to meeting the following criteria: a) well drained, stable sites with inherent natural features. Creative site design will be expected; b) compatibility with adjacent and surrounding land use; c) vehicular access to a public road; d) adequacy of lot frontage, depth and size for the use being proposed; e) adequacy of existing or proposed services, including the undertaking of technical reports; f) adequacy of storm drainage and runoff; g) compliance with the requirements of the Zoning By -law; h) adequacy of services (road maintenance, fire protection, police protection, garbage collection, school busing) for year round occupancy (Section 2.7.2). 3. Zoning By -law #0008/1891 Charles Michelle Quintyn Proposed Consents Municipality of West Elgin August 9, 2010 page 3 4. Issues #0008/1891 subject lands are zoned 'site specific' Lakeshore Residential Holding (LR -1 -H) and 'site- specific' Lakeshore Residential (LR -1) in the Township of Aldborough Official Plan. The LR -1 zoning applies to the portion of the lands being retained occupied by the existing single unit dwelling. Permitted uses include a golf course, marina and all other permitted uses of the LR zone (i.e. single unit dwellings uses accessory thereto). The proposed residential lots would readily satisfy the minimum lot area and lot frontage requirements (1,500 sq m 30 m) respectively of the LR zone. under the Planning Act when considering the creation of lots by consent, consideration must first be given to whether a plan of subdivision (or a plan of condominium) is necessary for the properly and orderly development of the municipality. Given the number of lots being proposed and the characteristics of the subject lands, a plan of subdivision (or possibly plan of condominium) would appear to be the desirable and prudent process to follow. Regardless of the process followed, regard shall be had under the Act to ensure the health, safety, convenience and welfare of future inhabitants and whether the proposed subdivision (or consents as the case may be) is premature or in the public interest [(Section 51 (24) (c)]; a limit on the number of lots which may be created by consent (or multiple consents) as opposed to a plan of subdivision is not prescribed in the Planning Act nor is it addressed in the PPS or the Township of Aldborough Official Plan. The Ministry of Municipal Affairs and Housing is currently considering modifying the new Offcial Plan for West Elgin to stipulate a maximum of four. The County of Elgin Land Division Committee permits the creation of up to five lots by the consent process; the Lower Thames Valley Conservation Authority (LNCA) has established its 'Regulatory Line' in this area due to the shoreline hazard. The line runs more or less parallel to Lake Erie approximately half -way through the subject lands. The Authority is not aware of this latest proposal by the owners and, therefore, has not had an opportunity to comment on it. Charles Michelle Quintyn Proposed Consents Municipality of West Elgin August 9, 2010 page 4 #0008/1891 lands to the south of the `Regulatory tine' are proposed to function as a 'common area' for future owners with legal access being ensured by means of individual registered rights -of -way or easements. No buildings or structures would be permitted. The consent of the Land Division Committee would be required to grant these easements beyond 21 years (effectively, in perpetuity). Alternatively, the lands could be defined as a 'block' under a plan of subdivision or a `common area under a vacant plan of condominium. The owners have expressed reservations of proceeding under either of these scenarios due to issues related to timing and cost. Whether the alternative being proposed is a satisfactory alternative is considered more a legal matter than a planning matter. That being said, there are believed to be definite benefits to maintaining the lands adjacent to the shoreline and high bluff under common ownership as opposed to individual ownership; with respect to the suitability of access to Gray Line, the Municipal Roads Superintendent has confirmed that road base improvements have been scheduled and should suffice to accommodate the additional local traffic associated with five additional single unit dwellings. Winter maintenance will however, need to be extended westerly past the owners' residence on the retained parcel, with an agreed upon location for the snowplow to turn in the last driveway. The location and construction of all driveways and the installation of a municipal drain (if necessary) would also need to be addressed; with respect to the availability of a water supply, a local well driller (Don McColl) has indicated that shallow wells would suffice on most of the lots but would be adversely affected by dry weather conditions. He suggests deeper drilled wells as an option. Consideration to extending the municipal water supply system on Mistele Road to provide an assured quantity and quality of supply was not identified as an option; a soils report has been submitted with respect to the provision of individual conventional on -site sanitary waste disposal systems. The report has yet to be reviewed by the CBO or a determination made whether it meets the intent of the PPS. other technical reports addressing geotechnical conditions, shoreline erosion, grading and drainage, natural heritage and archeological potential have not been submitted. Such reports would typically accompany an application for approval of a draft plan of subdivision. Charles Michelle Quintyn e Proposed Consents Municipality of West Elgin August 9, 2010 page 5 5. Preliminary Conclusions (original signed by) Ted L. Halwa, MCIP, RPP #0008/1891 as described above, there are a number of issues pertaining to the creation of the proposed lots which may be best addressed through the plan of subdivision (or plan of condominium process as opposed to the consent granting process or, in the alternative, a more considered review by the Municipality before supporting any applications filed for consent to the Elgin County Land Division Committee. These include but are not necessarily limited to: i) extension of the municipal water supply; ii) review of proposed method of sanitary waste disposal; iii) extension of winter maintenance west of existing driveway and provision of turnaround; iv) comments from the LTVCA on the shoreline hazard; v) ownership alternatives, use and maintenance of 'common area', vi) measures to enhance quality of the lands for the purposes intended; vii) measures to ensure the safety of future inhabitants with regard to the shoreline bluff; viii) archeological assessment; ix) consistency with the PPS and conformity with Official Plan; x) confirmation of approval process (i.e. plan of subdivision, vacant land condominium, consent to sever). Until such time, the proposed development by Charles Michelle Quintyn should be deferred pending receipt of additional information and review of the issues identified. U f L f JU' 11 10 £ISUI'1 —Wr,31 1;LU114 ULI1Yll: irmL ;J1J f 6;J U` lkel 1 f LW r 114911 k1C'JO I -0 16 3. PARCEL TO BE SEVERED: PLEASE COMPLETE THE FOLLOWING: 1. PROPERTY OWNER: NAME: „N/Z t L if i `I" ADDRESS: PHONE: _l v6, Aid L 2. LOT S ct q CONCESSION f zfr ACREAGE OF TOTAL PARCEL: l Qu rr MU ICIPAUTV OF WEST ELGIN cIpA r 5 APPLICATION FOR PROPOSED .4.f4 2010 ACREAGE FRONTAGE DEPTH 42/1_ 4. ACREAGE TO BE RETAINED: 5. REASONS FOR SEVERING AN AGRICULTURAL PARCEL SURPLUS DWELLING ONLY IS THE DWELLING SURPLUS TO THE NEEDS OF THE FARM? YES NO WHEN WAS DWELLING CONSTRUCTED? (YEAR) IS THE DWELLING STRUCTURALLY SOUND SUITABLE OR POTENTIALLY SUITABLE, FOR HUMAN OCCUPANCY? YES NO 7. OTHER COMMENTS: DATE SIGNATURE 2010.07- 2710:48 519 785 0644 WHERE IS YOUR PRINCIPLE RESIDENCE? MUNICIPALITY 6. REASONS FOR SEVERING A PARCEL FOR OTHER THAN FOR SURPLUS DWELLINGS? '1w 14 Z NOTE: There is no 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 4 Thursday of each month. Please submit this application by the 3` Wednesday of the month for inclusion in the agenda. Page 1 9qor 1q5 C! M 0 m co e4 1 [w0 'b££] $'S6O1 1 Q) C C 1 J cif q co 1 I S >6 a. I i E D. 11 M V 8 4 1 N I d I t -c co 1 1 1 W N— 1 CL I 1 f N 0 y —I U I 1 rn a I 1 rn I 1 0 n. A j y w co I 0 0 1 w I i to rn St a I l 0 i 4 I w I 2 Y I 1 4 i y I a I I I I I I I [w9 99£] ,6'992 L 1 I 4 1 1 i UJ o m qN -l ON i a jw I I °o CV o 5 w o 1 o I r7 m, m %J I o(C�mN I 1 Q I [Lug .9 L6Z l 4L I I J i On f 9� O ,x rn m o 5 w0'0c] ,9'861 0 m F- 1 M C3 0 I o Z I [w9 "00b] .6'tiI£l 1 1--' I o Q om I 9 o a 56 0 4 E m aw 1 0 m lil O I", m O N OW-I(0 Z i- 986£1 ,6 LO£l 1 IN 0 L 1 w nou�t k� q <�mN m w z a —E z 1 1 N N J ll. I 6 0 (O Li U-1 6i CO 0 (0 1 m i- 6 M u O I I O x O m 0� m Z 1 L [w866'] ,S IC L 8 ub CC To Whom It May Concern: Sincerely, Paul Van Vaerenbergh C.R.S.I. Roads Superintendent Municipality of West Elgin July 23 2010 At an on site meeting with Mr.Quintyn, concerning proposed future development I noted the following on the portion of Grey Line from Mistele Road westerly for approximately 800 meters. The roadbed itself is in fair condition. Spring thaw breakup has been minimal over the past few years. Drainage is for now adequate with a portion being ditched and a portion having natural runoff to the south which gathers the water onto Mr.Quintyns property where natural percolation drains standing water soon after a summer downpour. This portion of Grey line as well as the access road, Mistele are scheduled for road base improvements which is an application of a B gravel base and A gravel surface to a depth of approx. 6 —8 inches in the next year, 2011 (budget permitting) In my opinion with these improvements this road will stand up to the additional local traffic that would be associated with a development of five single family properties. Without question construction associated with this kind of development would need to be planned around the half load season. Currently no winter maintenance is undertaken west of Mr.Quintyns home driveway and council would need to be approached to extend this further west to accommodate this development only. And still maintain no winter maintenance west of the development to include the big ravine hill. An understanding will be needed in regards to snowplows utilizing the last westerly driveway to make the turnaround. Future drainage considerations could be addressed with the development of a lot plan in regards to driveway installations including the development of a municipal drain if deemed necessary. This section of Grey Line is in a rather unique state in that it is more of a bush road then a thoroughfare, very scenic and held in high regards by locals and tourists. L E R N L R S July 29, 2010 FILE NUMBER 88336 -00003 The Municipality of West Elgin P.O. Box 490, R.R. 1 Rodney, ON NOL 2C0 Dear Sir /Madam: Re: Chuck Quintyn and Mary Michelle Quintyn 23011 Gray Line 2010-07-29 16:13 519 675 9949 Lomas LLP Barristers Solicitors 6o DuITerin Avenue P.O. Sox 2335 London, Ontario N6A 404 Telephone: 519,072.4131 Facsimile: 519.672.3654 www.lernere.ca Ron Delanghe Direct Line; 519,640.8350 Direct Fax: 519.932.3350 rdetangheegierners.ce We have been retained by Chuck and Michelle Quintyn to advise them in respect of the creation of five residential building lots to be severed from their existing property in the Municipality of West Elgin. We have recommended that an application(s) for severance be submitted to the Land Division Committee to legally create the lots in the manner shown on the attached sketch. We would also request that consent be concurrently obtained to establish reciprocal easements over the rear portion of all of the lots so that each lot owner has the assurance of shared enjoyment of that portion of the lots which abut the Lake Erie shoreline, as illustrated on the attached sketch (the "buffer zone Our intention would be to register restrictive covenants on the title to the buffer zone of each lot which will govern the shared use of those lands as well as to maintain its ecological and environmental integrity and function. Our client would permit the creation of a passive recreational trail, the planting of native trees and shrubs and habitat enhancement but would prohibit the planting of non native species of vegetation, the application of herbicides and pesticides and the deposition of household garbage in the buffer zone_ Our restrictive covenants will further require that the buffer zone be maintained in a natural state to ensure water quality protection, maintenance of riparian habitat and bank stabilization. Page 2 LERNERS We would be pleased to work with the municipality to develop the restrictive covenants in a mutually acceptable format, Yours truly, Lerners LLP Ron Delanghe RCD /cc 2010-07-29 16:13 519 675 9949 Page 2 Page 3 6 August 2010 MEMORANDUM FROM: Ted Halwa Goniniunity Panniers inc. Middlesex. County Bulldog 399 Ridout Street North Landon Onterro N6A 291 ;.ri 4.58 TO: Members of Council Municipality of West Elgin #0217/1729 C RE: Community Improvement Plan Task Force Report Business Improvement Association (BIA) 24 June 2010 We have reviewed the above— mentioned report presented to Council at its meeting of 24 June 2010, discussed it with the Clerk, Ms Norma Bryant and offer the following comments and suggestions for consideration by Council on the recommendations contained therein: Recommendation #1 adoption of by -law to establish a joint BIA encompassing the downtown areas of Rodney and West Lorne. A draft by -law has been included with the report of the Task Force. Subject to certain issues being addressed in the draft by -law and consideration being given to a public meeting prior to adoption, there would seem to be no reason to delay adoption of the by -law. Recommendation #2 streetscape plan needed to support the BIA along with a plan of grants and !ow interest loans for facade improvements. Need to co- ordinate such initiatives through the BIA. Preparation of a streetscape plan by CPI for both downtown cores is underway. Unexpected delays have been encountered in acquiring suitable base mapping which now is in the process of being resolved. A facade improvement program with a grant and low interest loan component is part of the Community Improvement Plan (CIP) adopted by Council. Development and implementation of the program has been deferred (but not abandoned) due to priority being given to the preparation of the streetscape plans, reports of the Task Forces and budget limitations. As the BIA is intended to be partner with the Municipality under the CIP, it is intended that the BiA (once established) would be involved, consulted and engaged in both initiatives. It should, however, be pointed out that improvements to private property are beyond the jurisdiction of a BIA as established by the Municipal Act. Recommendation #3 municipal funding of the BIA budget based on principles in the draft budget attached to the report of the Task Force. It would be our submission that the budget of the BIA should be prepared and submitted to Council subsequent (not prior) to establishment of the BIA and with the support of the membership of the BIA as stipulated by the Municipal Act. That being said, it may well be that in order to gain sufficient support for the establishment of a BIA, a commitment by Council for some level of financial support in the initial operating years may be warranted. in any event, we are advised that municipal funding in the current fiscal year is not available, therefore, leaving this matter to the newly elected Council for the next term. BMA -Report of the Task Force Municipality of West Elgin 6 August 2010 page 2 #0217/1729 Recommendation #4 BIA should pursue other funding sources (e.g. MMAAH, Trillium Foundation) once established. As best we know, MMAH has no program currently in place that provides funding to BIAs. The Trillium Foundation has supported streetscape improvements in other communities and has, in the past, provided funding to the local horticultural societies for streetscape improvements in downtown Rodney and West Lorne. OMAFRA under its RED program is also a potential funding source. If streetscape improvements are the implementation priority of the CIP, then it would seem prudent that any initiative to Trillium Foundation or any other external funding source await the completion of the streetscape plans and consideration by Council and the BIA. Recommendation #5 create seven member Board of Management three from each of the designated areas in Rodney and West Lorne and one non voting member being a member of Council and appointed by Council if unable to fill positions, appoint from those willing to stand chairperson, vice- chairperson, secretary and treasurer appointed at the annual meeting of the membership. Would suggest a five member board as an alternative two from each designated area if positions not capable of being filled. In this way, the balance of the Board would be maintained as opposed to being skewed in favour of one of the designated areas. Would also suggest member of Council be able to vote in the event of a tie on any motion. Length of term of directors is co- incident with the term of Council as prescribed by the Municipal Act. Members of the BIA who may stand for election to the Board are restricted to those owning commercially assessed property and the tenants of such property in the designated areas. Recommendation #6 initial priorities of the BIA being inaugural meeting and election of officers, adoption of a budget for approval by Council, development of a marketing strategy and development of immediate priorities and actions...Would suggest development of a marketing strategy as an initial priority may be premature. Rather, the BIA once established should determine the priorities of the BIA. It may ultimately be a priority of the BIA once established, but it would seem premature to draw for the Task Force to draw that conclusion at this point. Under the Municipal Act, the mandate of a BIA is twofold, namely: i) to oversee the improvement, beautification and maintenance of municipally -owned land, buildings and structures in the area beyond that provided at the expense of the municipality generally; ii) to promote the area as a business or shopping area. Other initial priorities, we suggest, should be how the BIA would administer itself in its early stages; what support, if any, the Municipality could provide; and communication with the membership. Recommendation #7 draft by -law proffered as a model on which to base the creation of the BIA. Generally, the by -law follows precedence established elsewhere. With respect to clause #4, the use of the word `entrusts' implies a far greater degree of delegated authority over municipally —owned lands than the Municipal Act implies by the use of its term "oversee Insofar as the `main streets' in Rodney and West Lorne are under the jurisdiction of and owned by the County that in turn has delegated road maintenance and improvements between the streetline and the curb to the Municipality, perhaps the County should be consulted. To avoid future jurisdictional issues, it may be helpful to attempt a clearer statement on what constitutes the Municipality's jurisdiction and what constitutes the jurisdiction of the BIA. BM- Report of the Task Force Municipality of West Elgin 6 August 2010 page 3 #0217/1729 Clause #5 would have to be revised to accommodate any matters arising out of the consideration of Recommendation #5 above. Clause #10 and #25 change "Chief Administrative Officer" to "Administrator/Treasurer" and in clause #16, change "Chief Financial Officer to "Admix istrator/Treasurer" Clause #26 —while it would seem this responsibility should be the BIA's and not the Municipality, from a practical standpoint the Municipality may be better equipped to perform this function until such time as the BIA has been able to develop its own staff or administrative support. Not addressed in the by -law is the operating procedures, conduct of meetings, giving of notice, and appointment of sub or ad hoc committees. It may be wise to do so or, in the alternative, express it as a duty of the Board to address once established. Finally, the stated name of the organization, being the "West Elgin Business Improvement Area" may be problematic if other BIAs in West Elgin are subsequently established. Something along the notion of "The Rodney and West Lorne Downtown BIA" would avoid this and provide a geographic reference in the process. Recommendation #8 that Council take action to adopt by -law to establish BIA as soon as possible. Subject to the consideration of matters affecting the scope, content and language of the by -law, consideration of a public meeting and the process set out in the Municipal Act, there is no apparent reason to delay adoption of the by -law. Recommendation #9 adoption of a minimum and maximum levy. This approach is recognized by the Municipal Act and has been adopted elsewhere (e.g. Port Stanley) to avoid a few members paying relatively high levies and as a result representing a large portion of a relatively small budget and a lot of members paying a modest amount representing a small portion of the BIA budget. It would seem to be the prudent course of action in Rodney and West Lorne. In the event Council elects to hold a public meeting prior to giving notice of its intent to establish a BIA, this matter could be presented and discussed at that time. If determined to be the appropriate approach, it should be addressed in the proposed by -law to establish the BIA. Recommendation #10 need for Council to recognize that the BIA cannot, in and of itself, be expected to resolve the very serious issues facing the downtown cores of Rodney and West Lorne and that a number of actions are required to revitalize these centres of activity. The preparation and adoption of the Community Improvement Plan by Council under the terms and conditions prescribed by the Planning Act, in and of itself, provides the best assurance the Task Force is seeking. By its adoption of the Plan, Council has recognized the task at hand. It recognizes that multiple initiatives and actions are necessary, that the BIA is not being singled out to carry the burden of downtown revitalization in Rodney and West Lorne and that the Municipality is prepared to play a meaningful and key role in the revitalization process and the implementation of the Community Improvement Plan. Other Matters BIA -Report of the Task Force Municipality of West Elgin 6 August 2010 page 4 (original signed by) Ted L. Halwa, MCIP, RPP #0217/1729 One particular matter that needs to be addressed and should be by the Task Force is the future relationship between the BIA, if and when established, and the local horticultural societies. The local horticultural societies have had a long history of unhindered involvement, experience and fund raising with respect to beautification in the downtown cores of both Rodney and West Lorry with the blessing and financial support of the Municipality. The new BIA would have a specific mandate with respect to beautification (refer Recommendation #6 above), thus presenting an area of overlap and potential conflict. We suggest this matter be addressed now before the establishment of the BIA. ADMINISTRATION DEPARTMENT Administration Centre 10 Wellington S. E Alliston, Ontario June 30, 2010 2010 -118 Moved by Councillor Stone Seconded by Councillor Smith Sincerely, The Corporation of the Town of New Tecumseth "JP 'i iM IT 7c7 1`I.la11 1 UL F, ?)fj Dear Municipal Clerk: At its meeting of June 14, 2010, the Council of the Town of New Tecumseth passed a resolution to circulate a petition in opposition to the HST to be signed by our residents and forwarded to the Legislature for consideration. The resolution is as follows: BE IT RESOLVED THAT the verbal report of Councillor Stone be received; AND FURTHER THAT the Additional Information Memorandum of the Clerk/Manager of Administration and Economic Development dated June 14, 2010 be received; AND FURTHER THAT Council approve the petition substantially in the form attached to this memorandum; AND FURTHER THAT the petition be placed in all Town offices, community centres, libraries and on the Town website until August 15, 2010; AND FURTHER THAT the completed petition be forwarded to the Ontario Premier as well as to the Opposition Party; AND FURTHER THAT AMO member municipalities be advised of this action and encouraged to circulate a similar petition within their own municipalities. Should your Council wish to distribute a similar petition, to assist you we have attached the petition format that is accepted by the Legislature when considering matters of this nature. Our petition is available in all Town facilities and libraries and has also been circulated to local stores and business owners. It is our intention to collect the petitions after August 15, 2010 for submission to the Provincial government. Please feel free to contact me should you require any further information in this regard. Gayly McDonald, Clerk/Manager of Administration Economic Development Web Address: www town.newtecumseth.on.ca Email: clerl4a own.newtecumseth.on.ca Phone: (705) 435 -6219 or (905) 729 -0057 Fax: (705) 435 -2873 E.- I Mailing Address: P.O. Box 9 I Alliston, Ontario L9R 1A1 PETITION TO: The Legislative Assembly of Ontario: WHEREAS Government of the Province of Ontario has entered into an agreement with the Government of Canada to implement the Harmonized Goods and Services Tax; AND WHEREAS the majority of Ontario taxpayers are opposed to implementation of this tax; AND WHEREAS the HST will add 8% to many goods and services where currently only the 5% GST is charged and will result in increased costs for all-0ntarians and may create financial hardship for lower income families and individuals. WE the undersigned petition the Legislative Assembly of Ontario as follows: That the Government rescind its decision to implement the HST in Ontario. Name (printed) Address (printed) Postal Code Signature Return to: The Town or New Tecumseth, 10 Wellington St. E., P.O. Box 910, Alliston, ON L9R 1A1 Mike MacEachern, Mayor Administration Centre 10 Wellington St. E. Alliston, Ontario July 21, 2010 Association of Municipalities of Ontario Member Municipalities The Corporation of the Town of New Tecumseth 1 2 9 2ti Web Address: www.town.newtecumseth.on.ea Email: mayor@lown.newtecumseth.on.ca Phone: (705) 435 -6219 or (905) 729 -0057 Fax: (705) 440 -1170 At its meeting of May 10, 2010, the Council of the Town of New Tecumseth considered the ramifications of the WS! Act as it pertains to the presumptive legislation for firefighters. Council expressed concern in regard to the grave impacts that the legislation will have on small municipalities with volunteer firefighters particularly in view of the retroactivity of claims. This creates a serious financial liability for small municipalities especially as there are no capping provisions in place at this time. It was the direction of Council that these concerns be brought to your attention so that further consideration could be given to reducing the hardship on municipalities with volunteer forces and that the Ontario government consider establishing a cap on the municipal portion to be paid in the event of such claims. We look forward to your favourable consideration in this matter. Yours truly, Mike MacEachern Mayor cc. Members of Council Mailing Address: P.O. Box 910 Alliston, Ontario L9R IAI Moved by: Councillor Egan Resolution No: 2010 -108 Seconded by: Deputy Mayor Milne Date: May 10, 2010 The Corporation of the Town of New Tecumseth BE IT RESOLVED THAT Report #HR- 2010 -01 be received; AND FURTHER THAT the Mayor be requested to send a letter to the Premier of Ontario, the Minister of Municipal Affairs and Housing, the Association of Municipalities of Ontario (AMO) member municipalities, and the Organization of Small Urban Municipalities (OSUM) expressing concern with the undeterminable significant financial impact that the policy decision regarding Presumptive Legislation for Fire Fighters may have on all municipalities particularly those which are in Schedule 2 of the WSI Act, and particularly having regard for the retroactivity of the legislation, and requesting that the Province establish a cap on the municipal portion payable for such claims; AND FURTHER THAT staff review whether there is an advantage for the municipality to elect to move to WSIB Schedule 1 from Schedule 2 and bring a report forward to Council at a future meeting. Jan Neydon CARRIED I, Jan Heydon, Deputy Clerk, certify that this is a true and accurate reproduction of Resolution No. 2010 -108, passed by the Council of The Corporation of the Town of New Tecumseth, on May 10, 2010, Meeting No. 2010 -08. Councilors; M.P.o.W.E.R. MUNICiPALITV OF WEST FLC #N RECEIVED ;x 1 The Marketing Partners of Western Elgin Region, (MPoWER) wish to add our names to those who support the development of the land above and around Port Glascow. We ask council to declare the land around Havens lake road surplus so this project can go forward. MPoWER believes that this development help rejuvenate this area and provide a tourist draw. The West Elgin Marina is well maintained and is beautiful. It is a great draw for this area but I must point out that it is not a year round attraction and it relies on good weather to be of use to boaters and swimmers. The commercial area proposed by Seaside will be a year round attraction and this will benefit all of Western Elgin Thank you for taking time to consider this letter. 11Pa tear C airman Marketing Partner of Western Elgin E 3 West Elgin Council, Hoskin Line West Elgin Councilors: Robert N. White The Royal Canadian Legion Branch 221 142 John Street West Lorne Ontario NOL -2P0 '170 Preside t West Elgin Branch 2 21 Royal y Canadian Legion LEST WE 3(95(. f MUNICIPALITY OF WE Sr aC;IN Th -CE,V U'l 32010 An agreement was reached between West Elgin council and Branch 221 of the Royal Canadian Legion to allow the use of 75% of our "Nevada Fund The "Nevada Fund" is the name we gave to the bank account that we deposited all of our licensed lottery monies in. It has come to my attention that with the new rules this account is misnamed. The branch will undertake to have the account renamed the Lottery Account. We formally ask council to allow us use of 75% of our Lottery funds under the guidelines established by the Alcohol Gaming Commission. March 21 2002. Royal Canadian Legion, West Elgin Branch No. 221, P.O. Box 226, WEST LORNE, ON NOL 2PO Dear Mr. White: Aurticipulit cif I am pleased to confirm that the following resolution was passed at a recent meeting of council: Duly Moved Seconded: RESOLVED that the Council of the Municipality of West Elgin approves that the West Lorne Branch 221 of the Royal Canadian Legion may use up to 75% of the available funds derived from the sale of Nevada Tickets, for the use of the upkeep and maintenance of the building. DISPOSITION: Carried I trust this will be welcome news for your Legion. Yours sincerely, Linda M. Cranston, AMCT Clerk/Deputy- Treasurer l a- 13 33 tot 7 22413 Hoskins Line, Box 490, Rodney, Ontario NOL 2C0 Tel: (519) 785 -0560 Fax: (519) 785 -0644 July 23, 2010. Minister Kathleen Wynne, Ministry of Transportation, 77 Wellesley Street, West, Ferguson Block, 3` Floor, Toronto, Ontario. M7A 1Z8 TOWNSH1P RE: HST Gasoline and Diesel Fuel A proud tradition, a bright future. 87 John Street, South, Aylmer, Ontario N5H 2C3 Phone: 519- 773 -5344 Fax: 519 -773 -5334 www.malahide.ca mcasavecchia @malahide.ca At its regular meeting held on July, 22, 2010, the Council of The Corporation of the Township of Malahide enacted the following resolution: WHEREAS the Government of Ontario has entered into an agreement with the Government of Canada to implement the Harmonized Goods and Services Tax (HST); AND WHEREAS the HST will add 8% to many goods and services where currently only the 5% GST is charged, including gasoline and diesel fuel, resulting in increased tax revenues for the Government of Ontario; AND WHERAS the majority of public infrastructure in Ontario is municipal infrastructure, and includes roads and highways, bridges, and transit systems; AND WHEREAS there exists an infrastructure deficit in Ontario estimated at more than $100 billion; AND WHEREAS Ontario municipalities struggle to pay for needed repairs and maintenance to such infrastructure; AND WHEREAS the Government of Canada, through its Federal Gas Tax Fund, provides municipalities with a portion of federal gas tax revenue for investments in environmentally sustainable infrastructure; AND WHEREAS the Federal Gas Tax Funding is up -front and predictable, increasing the capacity of municipalities to address local infrastructure investment priorities and plan for the long -term; AND WHEREAS investing in infrastructure is a crucial component of a strong economy and part of the vovernment of Ontario's strategy for jobs and growth in Ontario; NOW THEREFORE BE IT RESOLVED THAT Council of the Township of Malahide requests the Government of Ontario to provide municipalities with a portion of HST generated through the sale of gasoline and diesel fuel in order to enable municipalities to address current infrastructure deficits and continue to invest in environmentally sustainable infrastructure; AND THAT this resolution be forwarded with a request for action to: The Ontario Ministry of Transportation, Elgin County MPPs and MPs, the Premier's Office, and the Association for Municipalities of Ontario (AMO); AND THAT this resolution be circulated to all municipalities in Ontario requesting their support. We look forward to hearing from you with respect to this proposal. Sincerely, TOWNSHIP OF MALAHIDE M. CASAVECCHIA, D.P.A., C.M.O., CMM 111 Chief Administrative Officer /Clerk Copy to: Premier Dalton McGuinty Steve Peters, MPP Joe Preston, MP Association of Municipalities of Ontario (for distribution) DISCLAIMER This material is provided under contract as a paid service by the originating organization and does not necessarily reflect the view or positions of the Association of Municipalities of Ontario (AMO), its subsidiary companies, officers, directors or agents. V\ tL. a(( (cum' r G'1 .e b-,./-4. 1 o ,/n P lv-.t ,S. G y{0 f- f C e A L1/4..)CJQ l --ilyi-F lotAds 04--46-4----rd— -sier. L-ecl A.c 4 4,0-4v h e Ace L.Le --R D (,(V t 4° --fr -C._ \:),e- V" c i ___,.S.-,,____11_9...._--------------- A --r r 0 of, H 1 0, E, 1 cam ard C't. t Le_ 4-ev Co e‘i im ad" a ci -e 6 s e 44,_ i k A CO r it c. 4( iy\a I 7 ,-3.A, (of, k ciLi_.( p ro (I: cil-eJ TVi ,c s -I EA e Seep. 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Il1 L- 1 ,'l1 7 e r'✓ I 1 C3 r\_/7:4, L G/ i f Lv .4`� 4 f /9 r, E r-= (37 4 rte_ r l. A le 0. Box 490, Rodney, Ontario NM, 2C0 Tel: (519) 785 -0560 Fax: (519) 785 -0644 P FI f y Lt` Tn£ansliip a# 11wrtnxg F 1Av 1 7 C: L), (7) t 1. f Ai L i T l- ,i A l7 ti S C l` c_., 1 (ui 7-7-4,7t7 ,1-) /1 C ,v 3 f lei 1 ay l 11 o r c"--T. L E F p i 9 Ll L? 1 `D j j j L L f .9 L) 1 H c7 !2. 8 E to 1-1E12--E_ f 1 e ,,',f T 1 0 f 2A4 /LI- t' L tiErLy p t 5 v n //q o rz /-1 Ministry a4 the Env' ronment 733 Exeter Read Landon ON NM 1 L3 Tel': 599 573 -5000 Few 519 573 -5020 BY FAX ONLY July 26, 2010 Norm Miller Dear Mr. Miller: cc. T. Ryall, MMAH 3. McGlynn, MOE Ministers de t'Environnoment 733, rue Exeter London ON NOE 1L3 Ter.: 519 873 -3000 'Mc.: 519 873=5020 3'JIUNIC4PALiT{ OF WE. E PEr.Fivr.. 2090 Y urs truly, itir RE: Disposition of "Surplus" Municipal Land at Port Glasgow in support of Proposed Seaside Developments' Residential Commercial Project This acknowledges receipt of fax copies of June 30, 2010 and July 22, 2010 articles from The Chronicle related to Seaside Development's submission to municipal council respecting the declaration of lands as surplus to the municipality and their disposition. The following opinion is based solely on the content of the articles. As 1 read the articles, Seaside Development wishes West Elgin Council to declare certain lands surplus so.thosc lands can be conveyed to Seaside to, [presumably] facilitate its proposed development at Port Glasgow. In support of its request to council, Seaside's consultant argues that if these surplus lands are not included in Seaside's application for approval of its project now they can not be serviced. In my opinion, there is nothing which would prevent additional lands from being included within the [if] approved service area of the Seaside project in the future. A future extension of an approved service area may require additional environmental assessment work and very likely an .amendment to the MOE Certificate of Approval and such approval would be assessed on its merits and approved or not. If questions arise or if clarification is needed please contact the undersigned at (519) 873 -5013 or via email at bill,armstrongAa ontario.ca. W. Armstrong, M.E.S,.RPP Regional Environmental PI Southwestern Region Port Glasgow Yacht Club P.O. Box 315, Rodney, ON NOL 2C0 August 2nd, 2010 Municipality of West Elgin 22413 Hoskins Line PO Box 490 Rodney, Ontario NOL 2C0 Mayor Graham Warwick c/o Norma Bryant, Municipality of West Elgin 22413 Hoskins Line, P.O. Box 490 Rodney ON NOL 2C0 Your Worship Mayor Warwick and Your Council, Subject: Thank you for Support of the Port Glasgow Yacht Club Fish Fry On behalf of the Volunteer Directors of the Port Glasgow Yacht Club, Thank you for your support of the Annual Civic Holiday Fish Fry at the Marina. This year nearly 800 dinners were served by members of the Rodney Fire Department, Knights of Columbus, Rodney Fair Board and PGYC. The entire day was kept hopping with the live band. Even more attended the Spectacular Fireworks display later that evening. The Marina dockage was also full with a dozen transient boats from Erieau. All the profits from the occasion are returned to West Elgin Community Volunteer Organizations. A few photos of the occasion are enclosed. Again, Thank you from everyone involved. Yours truly Terry Foulis Dan Carr Norm Miller President VP Past President Bob Carey Chris Vandongen Secretary Treasurer Harbour Master rg iiN' A r oFw sT N Ra E A G 2010 West Elgin Municipality, Ns�,FP!ICiPR417Y (F WE$T EL !N fEGFIVL tT 2010 Did you know September 10 is International Suicide Awareness day? This year we would not only like to celebrate this day...but the whole week as international suicide awareness week September 5 11 Over the past several years we (the Knapp family) have created a support system for families who have lost a loved one by suicide. We have had over 10 support group meetings with over 15 individuals in attendance, and met with interested community members who make up our suicide awareness committee. For the 3rd time this year we want to celebrate the international week of suicide awareness! But we need your help. It is our intent to have a community walk Sunday Sept. 5 3 -5.We would like to start at West Elgin Support Services Building and end behind the Parks and recreation shop within the trees. We would like to request a l hr road closure that afternoon as we will be walking up Graham and turning left onto Chestnut. Two years ago we planted a memorial tree, this year we will walk to the tree and have a small ceremony including a balloon release. We would also like to invite Mayor Graham Warwick to speak that afternoon to the community, as this is a community wide effort! And we need everyone on board the make this event work...and to help our community become more aware. In honour of Nicholas, we would like to ask for your support in helping us raise awareness of suicide through this event. If you have any questions or concerns please contact me...We would be more than happy to attend a council meeting to help explain the event in more detail. Thank you, Melanie (Knapp) McLeod 519 -762 -6023 melna33@hotmail.com Aug. 9. 2010 10:06AM County of Elgin ElginCo..ty Office of the Warden August 9, 2010 To: All Member Municipalities and Municipal Planning Staff Members Dear Council and Planning Staff: Sincerely, Bonnie Vowel Warden No.5817 P. 2/2 It is my pleasure to inform you that the County of Elgin has hired the firm of Meridian Planning Consultants Inc., to help prepare the County's Official Plan. The lead Meridian consultants are Nick McDonald and Mark Stone and they will start by reviewing existing literature and documents and preparing background research reports. Meridian will be contacting your staff shortly to gather background information about the status of local planning documents. They are also planning to tour your community and have a discussion about planning issues with staff. The consultants' work program provides for two meetings with your Council which will be scheduled well in advance. Technical committee and public focus group meetings will be held in the fall to review background research, issues, and reports. If you have any questions or comments, please do not hesitate to contact Steve Evans, Manager of Planning at 519 -631 -1.460 ext.126 or Jenn Rasmu °sen, Administrative Assistant at ext. 161. County of Elgtn Administrative Services 450 Sunset Qnve St. ThomeS, On N5R 5V1 Phone: 519.633 -1480 Www,elgn•cou n[y.on.ca CARRIED West Elgin Arena Board Regular Sessio June 1 2010 This regular session of the West Elgin Arena Board was called to order at 8 pm with the following members present: Alphonse Willie. Trudy Balint, Ian Fleck, Mary Bodnar and Parks and Recreation Superintendent Jeff Slater. Item 1 Disclosure of Pecuniary Interest: None noted. Item 2 Delegations: There were no delegations present at this session. Item 3 Adoption of the Minutes: Moved By: Alphonse Willie Seconded By: Ian Fleck The West Elgin Arena Board resolves that the minutes of May 10 2010 be approved as presented Item #4 Accounts and Financial Reports: Moved By: Ian Fleck Seconded By: Alphonse Willie The West Elgin Arena Board resolves that the accounts in the amount of 1 2,590.57 be approved as presented. CARRIED. Item 5 Business Arising from the Minutes: The discussion centered around the renovations at the arena, the progress of the repairs and the projected completion schedule. There was also some discussion regarding the installation of the new clock vs. the renovation of the old clock. Further details will available as they come in. The Superintendent indicated that he might call a special meeting if he acquires the additional information between meetings and it would be in the Boards interest to have another meeting. Item 6 Correspondence: There was no new correspondence presented. Item 7 New Business: There was no new business discussed at this session. Item 8 Adjournment: The Superintendent indicated that as long as the Arena Board Meetings are on Tuesdays there was o need to begin at 8 pm as previously indicated. Moved By Mary Bodnar Seconded 13y: Ian Heck The West Elgin Arena Board resolves that this session of the West Elgin Arena Board hereby adjourn at this hour of 8:30 pm and shall reconvene on July 6 2010 at 7 pm or the call of the Chair. CARRIED F�