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September 23, 2010MUNICIPALITY OF WEST ELGIN AGENDA COUNCIL MEETING SEPTEMBER 23, 2010 Council Chambers, West Elgin Municipal Building DISCLOSURE OF PECUNIARY INTEREST APPROVAL OF AGENDA DELEGATIONS: 9:30 a.m. Public Meeting Rezoning Application (McIntyre Clan) (A1) 10:00 a.m. Port Glasgow Yacht Club re: Havens Lake Road closure application 1:30 p.m. Stan Caveney re: Thames Talbot Land Trust (A2) 2:00 p.m. Christene Scrimgeour 2009 Audit PLANNING: (B1 -B6) 1.* Official Plan Modifications 2. Havens Lake Road closure application 3 Presbyterian Church severance appeal 4.* Draft Business Improvement Association By -law 5.* Provincial Policy Statement Review 6. West Lorne Holdings agreement REPORTS: (C1 -C9) 1. ROADS 2. RECREATION 3. BUILDING Sept 23/10 Page 2 4. WATER 5. RURAL DEVELOPMENT OFFICER 6. BY -LAW ENFORCEMENT 7. DRAINS 8. WEST ELGIN PRIMARY SYSTEM 9. ADMINISTRATION a) *Report re: Appointments to Elgin Election Joint Compliance Audit Committee b) *Pay Rates for Election Officials c) *Report re: Waste Recycling Strategy d) *Spriet Associates Graham Road watermain project e) Munroe Street, West Lorne ACCOUNTS CORRESPONDENCE: (D1 -D3) 1.* West Elgin Rodeo Committee request to waive application fees 2.* Tiny Tots Co- operative Nursery School request to waive fees for two fundraising events at the West Elgin Recreation Centre 3.* A- Xcavating fencing at Rodney Mini Storage BY -LAWS: By -law No. 2010 -77 Appointments to Compliance Audit Committee By -law No. 2010 -78 Zoning Amendment (McIntyre Clan) OTHER BUSINESS: (El) 1. Closed session personnel, legal *Information enclosed Sept 23110 Page 3 CONFIRMING BY -LAW ADJOURNMENT NEXT MEETINGS October 14, 2010 Council October 28, 2010 Council MUNICIPALITY OF WEST ELGIN PUBLIC MEETING ZONING BY -LAW AMENDMENT Herman Kathyrn Minnema 25700 Downie Line A/ DATE TIME: 2:00 p.m. Thursday, October 14 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. The proposed amendment would change the zoning of the lands lying on the north side of Downie Line east of Graham Road (County Road 76), comprising part of Lot 23 and part of Gore, Concession IV, from the Agricultural (Al) Zone to a 'site- specific' Agricultural (A1-#) Zone and to the Rural Residential Three (RR3) 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 E28/10). The lands proposed to be rezoned Rural Residential Three (RR3) comprise an area of 3,172 square metres (0.8 acres), a frontage of 52 metres (171 ft) and a depth of 61 metres (200 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 (1,850 sq m, 4,000 sq m and 30 m respectively) of the RR3 zone. The lands proposed to be rezoned 'site- specific' Agricultural (A1-#) constitute the remainder of the farm and comprise an area of 42 hectares (103.7 acres) and a frontage of approximately 664 metres (2,178 ft). The parcel is devoid of buildings and structures and has been cleared for agricultural purposes. An oil well is situated in the northwesterly portion 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 Secti :s 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 16 day of September, 2010. Norma Bryant Clerk Municipality of West Elgin 22413 Hoskins Line P.O. 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 Herman Kathryn Minemma 25700 Downie Line Part of Lot 23 and part of Gore Concession IV, Eastern Division (Aldborough) Municipality of WEST ELGIN ZONING Al AGRICULTURAL RR RURAL RESIDENTIAL ;cam OOWN IE LINE LOT 20 CONCESSION VII I A B C Ix 52 M Al LANDS PROPOSED TO BE RE -ZONED TO RURAL RESIDENTIAL THREE (RR3) —'s LANDS PROPOSED TO BE RE -ZONED TO 1 'SITE- SPECIFIC' AGRICULTURAL (A1 PIONEER LINE 01711. ONCESS Rodney TIE LINE'S o n O 2 w o 11 f I I I I Municipality of Southwest Middlesex LAKE ERIE r 1 I I l 1 B I i t i I MCMURCHY LINE f o 0 A of 2 CARROL LINE a 1 1 cc' I a 1 cc of CRINAN LINE Ct' z1 II of STALKER LINE 1 GORE 18 19 20 21 2 2 23 I 24 Y Z ARGYLE LINE III VI 1:100,000 Metres 0 1,250 2,500 3,750 5,000 io, 7 September, 2010 MEMORANDUM TO: Members of Council Municipality of West Elgin FROM: Ted Halwa RE: New Official Plan Ministry Modifications C' /0 oc o9 '8i #005211608 Attached hereto is the most recent version of the modifications to the new West Elgin Official Plan which we along with the Clerk, Ms Norma Bryant, have negotiated with the Ministry of Municipal Affairs and Housing. The Ministry is still in the process of reviewing the revised policy on the establishment of agriculturally related commercial and industrial uses on lands designated `Agriculture' (Modification #22), the policy on severing of agricultural parcels (Modification #25) and on the policy for Port Glasgow (Modification #39). The final map changes particularly as they relate to the 'Lakeshore Area boundary on the north side of Gray Line and the boundary of `Port Glasgow' are still in negotiation. Given the limited number of scheduled meetings prior to the municipal election and the desire to finalize this matter with the existing term of Council, we are tabling the modifications (such as they are) with Council at this time such that any comments may be received at either its upcoming meeting of September 9th or September 23 We will be in attendance at the latter meeting and will be in a position to present any additional comments from the Ministry on the outstanding matters identified and as well review with Council the proposed map /schedule changes (Modification #47). (original signed by) Ted L. Halwa, MCIP, RPP Modification #1 Modification #2 Draft DECISION With respect to an Official Plan Subsection 17(34) of the Planning Act I hereby approve the Official Plan for the Municipality of West Elgin, adopted by By-law No. 2008 -13, subject to the following modifications. Section 1.6 is modified by inserting the following after the third sentence and by commencing a new paragraph thereafter: "The Municipality of West Elgin is responsible for the preparation and adoption of a comprehensive zoning by -law which shall implement various aspects of the Official Plan and shall be in conformity therewith." Section 1.6 is modified by inserting the following at the end of the section: "Matters of provincial interest are further elaborated upon in the Provincial Policy Statement 2005 on and use planning. They shall be considered by the Municipality in the evaluation of any proposed amendment to the Plan; in the adoption of a new comprehensive zoning by -law and any subsequent amendments or variances thereto; in its comments on a plan of subdivision or condominium and on the granting of a consent or any other approval under the Planning Act." Modification #3 Section 2.2.3 is modified by adding the following at the end of the sentence: "in accordance with Section 6.2.3 and other applicable sections of this Plan." Modification #4 Section 2.2.4 is modified by adding the following at the end of the sentence: "in accordance with Section 6.2.2 and other applicable sections of this Plan." Modification #5 Section 3.3.2 is modified by deleting the second sentence and replacing it with the following: The Municipality shall support the protection, restoration, conservation, enhancement and maintenance of natural heritage features." Modification #6 September 7 2010 1 Section 3.3.7 is modified by deleting the first sentence and replacing it with the following: "Development and site alteration shall only be permitted in significant woodlands, significant ANSI's and significant valleylands where it is demonstrated that there will be no negative impact on the natural heritage feature or on its ecological functions." Modification #7 Section 3.3.9 is modified by inserting the following between the words "potentially permitted" a, "within a significant natural heritage.." in the first sentence: "in accordance with Section 3.3.5, Section 3.3.6 and Section 3.3.7 of this Plan." Modification #8 Section 3.3.10 is modified by deleting the first sentence and replacing it with the following: "The retention of woodlots or portions of woodlots that are not identified as 'Woodlands' on Schedule 'B', Map 2 is also encouraged." Modification #9 Section 3.3.11 is modified by deleting the first sentence and replacing it with the following: "The Municipality recognizes the importance of retaining individual trees, woodlots and woodlands, the latter as identified on Schedule 'B', Map 2." Modification #10 A new section is inserted as Section 4.5.1 and the subsequent subsections are renumbered accordingly. "The Municipality recognizes the importance of cultural heritage resources and shall encourage their identification, conservation, protection, restoration, maintenance and enhancement. All development permitted by the land use policies and designations of this Plan shall have regard for cultural heritage resources and shall, wherever possible, incorporate these resources into the proposed development. In addition, all development shall be planned in a manner which preserves and enhances the context in which cultural heritage resources are situated. The Municipality shall endeavour: a) to ensure all significant cultural heritage resources including heritage buildings, cultural heritage landscapes and archaeological sites are identified, conserved and enhanced; and b) to ensure all significant cultural heritage resources are managed so as to September 7 2010 2 continue their use and maintain their heritage value, integrity and benefit to the community Modification #11 Section 4.5.1 is modified by inserting the words "cemeteries and burials" between the words "archeological sites" and "patterns of development Modification #12 Section 4.5.4 is modified by deleting the last sentence and replacing it with the followinn "The Municipality may utilize the Heritage Act to conserve significant cultural heritage resources through the designation of individual properties or cultural heritage landscapes and the designation of a group or groups of properties as heritage conservation districts." Modification #13 Section 4.5.5 is deleted and replaced with the following: "Areas exhibiting an archaeological potential shall be determined through the use screening criteria of the Ministry of Tourism and Culture. Where development (including the creation of a building lot) is proposed in an area of archeological potential, an archaeological assessment shall be required prior to final planning approval or as a condition of final planning approval. Archaeological assessment reports shall be conducted by a licensed archaeologist in compliance with the standards and guidelines of the Ministry of Tourism and Culture. The appropriate First Nations shall be provided notification with regard to the identification of burial sites and significant archaeological resources relating to the activities of their ancestors. If the Municipality initiates the preparation of an archaeological master plan, the appropriate First Nations shall be notified and invited to participate in the process." Modification #14 Section 4.5 is modified by adding a new section, being Section 4.5.6: "4.5.6 Cemeteries. Where an identified marked or unmarked cemetery is affected by a proposed development, the Ministry of Tourism and Culture and the Ministry of Consumer Services shall be notified in accordance with the provisions of the Heritage Act and the Cemeteries Act." Modification #15 Section 5.2.4 is modified by adding the following phrase after the second sentence: September 7 2010 3 in accordance with Section 5.2.6, Section 10.3 and Section 10.4 and other applicable sections of this Plan." Modification #16 Section 5.2.5 is deleted and replaced with the following: "Natural heritage features shall be protected. Development and site alteration within a natural heritage feature or on adjacent lands shall not be permitted unless it has been demonstrated that there will be no negative impact on natural heritage features or its ecological functions in accordance with Section 3 of this Plan." Modification #17 Section 5.5.3 is modified by adding the following to the end of sentence: "in accordance with Section 8.3, Section 8.4 and other applicable sections of this Plan" Modification #18 Section 5.6.3 is deleted and replaced with the following: "Natural heritage features shall be protected. Development and site alteration shall not be permitted within a natural heritage feature or on adjacent lands unless it has been demonstrated that there will be no negative impact on the natural heritage feature or its ecological functions in accordance with Section 3 of this Plan Modification #19 Section 6.0 is modified by deleting the second sentence of the second paragraph and replacing it with the following: "Although a potential is believed to exist, there are currently no designated specialty crop areas in West Elgin, being areas where specialty crops such as tender fruits, grapes, vegetables, greenhouse crops and crops from agriculturally developed organic soils are predominantly grown." Modification 20 Section 6.1 p) is modified by deleting the word "extraction" and replacing it with words "long term use Modification 21 Section 6.2.2 is deleted and replaced with the following: "Secondary uses may also be permitted where they are limited in scale as prescribed by the Zoning By -law and are clearly secondary to the principle use of the parcel on which they are conducted. Such uses may include home September 7`", 2010 4 occupations and uses that produce value added agricultural products for the farm operation. Where these new uses would conflict with farming operations or would reduce the farming options or flexibility on adjacent or surrounding farmland, they shall not be permitted. Compliance with the MDS Formula One (MDS I) shall be required." Modification 22 Section 6.2.3 is deleted and replaced with the following: "Agriculturally related commercial and agriculturally- related industrial uses that are directly related to serving the needs of the farm community and are required to be, or benefit by being, in close proximity to farming operations shall be permitted subject to the following criteria: a) a demonstrated need exists for the use; b) specialty crop areas are not impacted and there are no reasonable alternatives which avoid prime agricultural land. Lower priority agricultural lands are considered; c) a location in a designated settlement area would not be appropriate; d) suitability of the site for the purposes intended: e) availability of an adequate and potable water supply; f) approved waste disposal means or facilities; g) access, or proximate access, to a hard surfaced road subject to the approval of the authority having jurisdiction; h) measures, if need be, to ensure compatibility with neighbouring land uses; 1) compliance with the Minimum Distance Separation Formula (MDS I); j) an amendment to the Zoning By -law and k) entering into a site plan agreement." Modification 23 Section 6.2.4 is modified by deleting the third sentence and replacing it with the following: "While there are no specialty crop areas designated at this time in West Elgin, should such areas be identified in the future, they shall be protected." Modification 24 Section 6.2.6 is modified by deleting subsection b) and renumbering the subsections accordingly and by deleting the last paragraph which begins with the words "While the establishment... September 7' 2010 5 Modification 25 Section 6.2.7 is deleted in its entirety and replaced with the following: "To discourage the severing of prime agricultural land into smaller parcels, the minimum area of both the severed and retained parcels shall generally be 40 hectares. Where parcels smaller than 40 hectares are being proposed, they may be permitted subject to the following factors being taken into account: a) the need to discourage the unwarranted fragmentation of farmland; b) the type of agricultural activity and farm lot size common in the area; c) whether the resulting parcels would constitute viable farm units; d) whether the size of the parcels is appropriate to the type of agriculture being engaged in or proposed to be engaged in; e) whether the size of the parcels would have a detrimental impact on agricultural productivity, operating efficiencies or future farming options; f) the boundaries of the parcels being created and their effect on the intended use of the lands for agricultural purposes; g) previous Tots created out of the parcels including land dedications or expropriations; h) the inadvertent merging of the parcels as a result of the introduction of subdivision control in 1970. Modification 26 Section 6.2.8 is deleted in its entirety and subsequent sections re- numbered accordingly. Modification 27 Section 6.2.10 is modified by deleting the first sentence and replacing it with the following: "The creation of a lot for the purposes of disposing of a dwelling considered surplus as a result of farm consolidation, being the acquisition of additional farm parcels to be operated as one farm operation, shall be considered in accordance with the following:" Modification 28 Section 6.2.11 is modified by placing a period after the word "basis" in the second sentence and capitalizing the following word "The September 7 2010 6 Modification 29 Section 6.2.12 is modified by deleting the first and second sentences and replacing them with the following: "Dog kennels shall only be permitted as a secondary use on lands designated `Agricultural' and accessory to a residential use subject to appropriate and effective measures being taken to minimize or eliminate any adverse impacts on neighbouring sensitive land uses, to ensure the peace and safety of neighbouring residents and to properly dispose of animal waste. Sites shall be limited in scale, but shall be sufficiently large enough to provide adequate space for outdoor exercise for the dogs, as well as buffering from neighbouring properties to avoid nuisance complaints." Modification 30 Section 6.2.15, Section 6.2.15.1 and Section 6.2.15.2 are deleted in their entirety and replaced with the following: 6.2.15 Alternative and Renewable Energy "The Municipality shall encourage alternative and renewable energy projects such as wind generation. Large scale energy projects which provide electricity into the Province's transmission grid are subject to Federal and Provincial approvals and regulations. The Municipality shall consider the following matters when providing comments during the consultation process on large scale energy projects. a) the potential impact of safety, noise and visual intrusion; b) access to a public road of a standard adequate to accommodate construction equipment, vehicles and maintenance; and c) the ability to contain safety and noise impacts on site." Modification 31 Section 6.4.3 is modified by adding the words "and Section 10.4.4 and other applicable sections of this Plan." after the words "Planning Act" and by deleting the rest of the second sentence in its entirety. Modification 32 Section 6.5.2 is modified by deleting the first sentence and replacing it with: "The creation of new lots for commercial and industrial purposes shall take place by consent or by plan of subdivision in accordance with the provisions of the Planning Act and the relevant policies of this Plan including Section 10.3 and Section 10.4." Modification 33 Section 6.5.5 d) is modified by adding the following sentence to the subsection: September 7 2010 7 "A stormwater management plan /report shall be prepared by the proponent and approved by the Ministry of Transportation for those developments located adjacent to or in the vicinity of Highway No. 401 where storm drainage may impact the highway." Modification 34 Section 6.5.5 e) is modified by adding the following sentence to the subsection: "New entrances, the up- grading of existing residential or agricultural entrances for commercial or industrial uses and/or the creation of new public road entrances shall not be permitted from Furnival Road between McDougall Line and Hoskins Line and from Graham Road between Downie Line and Queens Line. All access for lands so affected shall be provided by alternative roads under the jurisdiction of the County of Elgin or the Municipality. Modification 35 Section 6.5.5 e) is modified by adding the following sentence to the subsection: "All development within the Ministry of Transportation's permit control area shall be subject to the Ministry's approval." Modification 36 Section 6.5.5 is modified by adding the following subsection: "g) traffic impact study: For major development proposals for large traffic generators within the permit control area of Highway No. 401, the proponent shall prepare a transportation impact assessment in accordance with the Ministry's General Guidelines for the Preparation of Traffic Impact Studies." Modification 37 Section 6.6.2 is modified by deleting the words "Zoning by -law" and replacing them with the words "this Plan" in the second sentence. Modification 38 Section 6.6.3. e) is modified by deleting the third sentence and replacing it with: "Rehabilitation to agriculture and agriculturally- related uses, forestry, conservation and nature reserves shall not require an amendment to this Plan." Modification 39 Section 7.5 is modified by deleting it in its entirety and replacing it with the following: "Port Glasgow on the shores of Lake Erie lies within the 'Lakeshore Area' and consists of a small concentration of both year round and seasonal dwellings, September 7 2010 8 campgrounds, a yacht club, marina and beach. It is the one area along the Lakeshore within West Elgin where public access to the lake and views of the lake are greatest. It is presently serviced by a municipal water supply system. Improvements to the harbour and adjoining municipally -owned lands are on- going. It is intended that Port Glasgow continues to develop as the centerpiece of the 'Lakeshore Area' offering a range of housing types, recreational and cultural opportunities and commercial establishments catering to both residents of the Municipality and visitors from outside the area. Future development in this area is anticipated and encouraged subject to the appropriate level of services being in place and that is in keeping with the natural and cultural heritage of the area. Large scale development (greater than 5 lots or units) by plan of subdivision or condominium shall first require the preparation of a secondary plan in consultation with the general public and interested public bodies and ultimately adopted by Council setting out the following: a) the design population and demographic characteristics, b) type and arrangement of uses, c) proposed urban design features, d) servicing requirements including conceptual stormwater management, e) vehicular and pedestrian circulation, f) lands to be dedicated to the Municipality for public use, g) the protection of any potentially impacted natural heritage and cultural heritage features, h) phasing of development. Preparation of the secondary plan shall include consultation with the public and interested public bodies and authorities. Notice requirements shall follow the statutory procedures of the Planning Act and regulations thereunder for official plan amendments." Modification 40 Section 7.9 is modified by deleting the sentence and replacing it with the following: "The creation of new lots in the 'Lakeshore Area shall take place by consent or by plan of subdivision or plan of condominium in accordance with the provisions of the Planning Act and the relevant policies of this Plan including Section 10.3 and Section 10.4." Modification 41 Section 8.2.1 is modified by adding the following sentence at the end of the section: "Minimum setbacks for buildings and structures from Highway No. 401 are subject to the permit control areas of the Ministry of Transportation." September 7` 2010 9 Modification 42 Section 9.1.3 is modified by adding the following at the end of the section: "The location of the 'Regulatory Line' of the Lower Thames Valley Conservation Authority as shown on Figure 7 to this Plan is approximate only. Permits, if required, shall be obtained from the Authority prior to any buildings or structures being constructed or prior to any work or alteration being undertaken adjacent to the bank of Lake Erie." Modification 43 Section 9.5 is modified by deleting the first sentence and replacing it with: "Buildings and structures unrelated to the production of oil and gas shall be setback a minimum of 75 metres from oil and gas wells as prescribed by the Oil, Gas and Salt Resources Act." Section 9.5 is further modified by deleting the words "adversely affect" and replacing them with "preclude or hinder" in the third sentence. Modification 44 Section 9.6 is modified by deleting the second sentence. Modification 45 Modification 46 Section 10.4 is modified by adding the following new sections and subsequent sections re- numbered accordingly: "10.4.2 Number of Lots The creation of lots by consent may only be granted for up to five (5) parcels exclusive of the retained parcel (five severed and one retained) and where it has been determined that a plan of subdivision is not necessary for the proper and orderly development of the lands. The further creation of lots from the parcel of land as it existed upon the coming into effect of this Plan shall be by plan of subdivision or condominium to assess, among other matters, the feasibility of municipal or communal water and sewer services and the cumulative environmental impact of the development." Modification 47 Schedules 'A', is deleted and replaced with the attached revised Schedule 'A'. (dated September 2010) September 7 2010 10 Schedule 'B', Map 1 is deleted and replaced with the attached revised Schedule 'B', Map 1. (dated September 2010) Schedule `C' is hereby deleted and replaced with the attached revised Schedule 'C'. (dated September 2010) Schedule `D' is hereby deleted and replaced with the attached revised Schedule 'D'. (dated September 2010) Schedule 'E' is hereby deleted and replaced with the attached revised Schedule `E'. (dated September 2010) Schedule `G' is hereby deleted in its entirety and all sections and schedules modified accordingly as need be. Schedule 'H' is hereby deleted and replaced with the attached revised Schedule 'H'. (September 2010) Figure 1, Figure 2, Figure 3, Figure 5 and Figure 7 are hereby deleted and replaced with the attached revised Figure 1, Figure 2, Figure 3, Figure 5 and Figure 7. (dated September 2010) September 7` 2010 11 Sep. 1. 2010 9 :37AM No, 4140 N. 1 ElginCounty fax cover DATE: SEPTEMBER 1, 2010 Send to: Norma Attention: Office Location: Fax Number: West Elgin 0 URGENT 0 REPLY ASAP COMMENTS: 0 PLEASE COMMENT Application E 18/10 The Trustee Board of the Presbyterian Church of Canada Appeal by Stephen Roche, Chief Financial Officer and Treasurer, The Trustee Board of the Presbyterian Church. I have attached a copy of OMB Appellant Form (A1) for review at your Planning meeting the end of September. Please advise if you require any further Information regarding the appeal. Susan From: Susan Galloway Office Fax Number: 519 631 4297 Phone Number: 519 631 1460 Ext 104 Number of Pages, Including Cover: 0 PLEASE REVIEW 0 FOR YOUR INFORMATION 83 County of Erin 450 Sunset Drive THE INFORMATION IN THIS FACSIMILE IS FOR THE NAMED RECIPIENT ONLY. IT MAY CONTAIN INFORMATION THAT 1S PRIVILEgfighomas, 0ntarlo CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT 5V1 Canada INTENDED RECIPIENT, OR RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, ANY DISSEMINA \I, 539 .146o DISTRIBUTION OR COPYING OF THIS COMMUNICATION 15 STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATI .ergint:ounty.an.ta ERROR, OR THERE ARE ANY PROBLEMS IN TRANSMISSION. PLEASE NOTIFY US BY TELEPHONE Sea, 1. 2010 9:38.0 Date S np -7ra 1j Part 1; Appeal Type (Picaso check only ono boxy SUBJECT OF APPEAL Minor Variance Consent/Severance Interim Control By -law__ JUL 3 0 2010 OFILIIRN Zoning 9y -law or Zoning By.Iaw Amendment Official Plan or Official Plan Amendmnr' Environment and Land Tribunals Ontario Ontario Municipal Board 855 Bay Street, Suite 1500 Toronto, Ontario M5G 1E5 TEL: (418) 212 -6349 or Toll t=ree: 1- 066- 4482248 FAX (410) 326 -5370 www.etto.gov.on.ca Appeal a decision Appeal a decision Appeal conditions Imposed Appeal changed conditions Failed to make a decision on the application within 90 days 53f14) r Appeal the passing of a Zoning Bylaw TYPE OF APPEAL Application for an amendment to the Zoning By -iaw failed to make a decision on the applicalto wit hin 120 days Application for an amendment to the Zoning By -Jaw refused by the muntcloali Appeal the passing of an Interim Control By.Iaw Appeal a decision r r Failed to make a decision on the plan within 180 days Application for an amendment to the Official Plan failed to make a decision on the application within 180 days Application for an amendment to the Official Plan refused by the municipality Appeal a decision No. 4140 V. j APPELLANT FORM (Al) PLANNING ACT SUBMIT COMPLETED FORM TO MUNiCIPALITYiAPPROVAL AUTHORITY Raaelpt Number (OMB O1fco ilea On64 PLANNING ACT REFERENCE (SECTION) 45(12) 53(19) 53(27) 3419 34(11) 38(4) 17(24) or 17(36) 17(40) 22(7) 5i (39 51(43) or 51 48 Appeal conditions imposed r Fa to make a decision on the a lication within 180 days 51 34 Plan of Subdivision Part 2: Location Information Address and/or Legal Description of property subj ez.9.9 the appea r Municipality /Upper tier: Al Revised April 2010 Sep, 1. 2010 9:38AM Part 3: Appellant Information First Name: Slephen Rocha, Chief Financial Office and Treasur Last Name: The Trustee Board of The Presbyrlerian Church in Canada Company Name or Association Name (Association must be Incorporated include copy of letter of incorporation) Professional Titre (If applicable): E -mail Address: S r0 GIB 4 .Z. p Q s.6 Daytime Telephone I/ Alternate Telephone Fax .3/6 Barbara Newrafll, Senior Administrator end Ol o n i..Assistant to the Chief Financial Officer Apl/SuilefUnit# City/Town 4 Country (if not Canada) Postal Code Date: Mailing Address: Signature of Appellant: First Name: Company Name: Signature of Appellant: Al iievlsedApti12010 Street Address Province Province By provldlnp a email address u agree to receive communlcatIona from the OMB by e•malt. (Signature it req d if the appeal is submitted by a law ace) Please note: You must notify the Ontario Municipal Board of any change of address or telephone number In writing. Please quote your ow Reference Numbor(s) after they have been assigned. Personal information requested on this form is collected under the provisions of the Planning Act, R.S.O. 1990, c. P_ 13, as amended, and the Ontario Municipal EoardAcf, I .S.O. 1990, c. 0. 28 as amended. After an appeal Is filed, all information relating to this appeal may become available to the public. Part 4: Representative Information (if applicable) hereby authorize the named company and/or lndlvidual(s) to represent me: Last Name: 16,71) i> pr y No. 4140 l 4 Professional Title: 0 S 0 L P E mail Address: 1 A 1 S O h, 0..119 Cam By providing an e•ma11 address you agree to receive commenteallons from the OMB bye-mall. Daytime Telephone S -__Z__5/ d VI Alternate Telephone g /ll 9 Fax 9 T- 657 f p /g Mailing Address: /6 /V Ca. M kr .p CY S Street Address Apl/Suile /Unit# City/Town v f t !I Postal Code Please note: if you are representing the appellant and are NOT a solicitor, please confirm that you have written authorization, as required by the Board's Rules of Practice and Procedure, to act on behalf of the appellant. Please confirm this by checking the box below. I certify that 1 have written authorization from the appellant to act as a representative with respect to this appeal an his or her behalf and I understand that I may be asked to produce this authorization at any time. Sep. 1. 2010 9:38AM No. 414U r, D Part 5: Languaje and Accessibility Please choose preferred language: English r French We are committed to providing services as set out in the Accessibility for Ontarians with Disabilities Act, 2005. if you have any accessibility needs, please contact our Accessibility Coordinator as soon as possible. Part 6: Appeal Specific Information 1. Provide specific information about what you are appealing. For example: Municipal File Number(s), By -law Number(s), Official Plan Number(s) or Subdivision Number(s): (Please prim) 2. Outline the nature of your appeal and the reasons for your appeal_ Be specific and provide land -use planning reasons (for example: the specific provisions, sections and/or policies of the Official Plan or By-law which are the subject of your appeal if applicable). "If more space is required, please continue in Part 9 or attach a separate page. (Please print) r� f c -Apot THE FOLLOWING SECTIONS (a &b) APPLY ONLY TO APPEALS OF ZONING BY -LAW AMENDMENTS UNDER SECTION 34(11) OF THE PLANNING ACT. /J /1— e) DATE APPLICATION SUBMITTED TO MUNICIPALITY: (If application submitted before January 1, 2007 please use the 01 pre- 811151' form.) b) Provide a brief explanatory note regarding (he proposal, which includes the existing zoning category, desired zoning category, the purpose of the desired zoning by -law change, and a description of the lands under appeal: *rlf more space Is r�uired, please continue in Part 9 or attach a separate page. Part 7: Related Matters (if known) Are there other appeals nol yet filed with the Municipality? YES Are there other planning matters related to this appeal? YES r (For example: A consent application connected to a variance application) If yes, please provide OMB Reference Number(s) and /or Municipal File Number(s) in the box below: (Please print) A7 Revised April 2010 NO PC NO i^ Sep, 1. 2010 9:38AM Part 8: Scheduling Information How many days do you estimate are needed for hearing this appeal half day r 1 day 2 days 3 days r 4 days r 1 week More than 1 week please specify number of days: How many expert witnesses and other witnesses do you expect to have at the hearing providing evidence /testimony? If yes, why? Total Fee Submitted: %25 p b Al Revised April 2010 No, 4140 F. 6 Describe expert witness(es)' area of expertise (For example: !and use planner, architect, engineer, etc.): Do you believe this matter would benefit from mediation? YES l� NO (Mediation is generarly scheduled only when all parties agree to participate) Do you believe this matter would benefit from a prehearing conference? YES NO r (lot' s k r Q (Prehearing conferences are generally not scheduled for variances or consents) Part 9: Other Applicable Information 'Attach a separate page if more space is required. Part 10: Required Fee Payment Method: Certified cheque Money Order f Solicitor's general or trust account cheque The payment must be in Canadian funds, payable to the Minister of Finance. Do not send cash. PLEASE ATTACH THE CERTIFIED CHEQUEIMONEY ORDER TO THE FRONT OF THIS FORM. Sep. 1. 2010 9:38AM Part 6, No. 2 Nature and Reasons for Appeal: No, 4140 P. 7 We have no objections to some of these conditions including: I. Requirements of Road Department to add a driveway to the severed property 2. Requirement from Water and Sewage to adding a sewage line from the church 3. Two copies of the registered reference plan being provided 4. Tax to be paid in full We do, however, find the remaining conditions appear to be, in our opinion, unjust and onerous. Specifically: 5. Zoning: The property is already zoned residential and institutional. We propose no change to this. The preferred purchaser for the church is another religions organization which would not require a change in zoning. If itwere purchased for another propose, the purchaser would need to apply for a zoning change at that time in any case. 6. Drainage: Drains already exist. We are not proposing any changes 7. Entering an agreement: We object to being asked to enter an agreement that is open ended, non- specific and has no dead -line for being in place. We also wonder what the appeal process for these potential conditions might be. We also are concerned that some of these conditions Wright include ideas that were brain- stormed at a Municipal Council meeting on June 17, 2010 such as a requirement to tear down the building within five years and asking for a large deposit in case we do not in which case the municipality would tear it down instead. We address this subject further in the attached letter. 8. 10 foot easement: We have no objection to the easement. We do wonder, however why there would be a requirement to make a Planning Act Consent Application since the municipality of West Elgin suggested and requested the easement. Does the local land division committee not have the authority to grant the easement as requested by the municipality? Sep, 1. 2010 9:38AM The Presbyterian Church in Canada L']glise presbyterienne au Canada July 28, 2010 Ontario Municipal Board 655 Bay Street, Suite 1500 Toronto, ON MSG 1E5 Dear Ladies and Gentlemen of the Board: No. 4140 P. 8 Each year a number of Presbyterian churches across Canada are dissolved and are ptit up for sale. By Act of Parliament (3 George VI, Chapter 64), as soon as a congregation is dissolved, the property becomes vested with The Trustee Board of The Presbyterian Church in Canada. St. John's Presbyterian.Church m Rodney has been a member congregation of The Presbyterian Church in Canada for over one hundred years and recently the time came when it became necessary to dissolve. Now it is the responsibility of The Trustee Board of The Presbyterian Church in Canada to care for the property and oversee its disposition. It is in this context that we went to the Municipality of West Elgin to request a severance. As is the case for many Presbyterian churches, particularly in the past, a manse (home) for the minister was provided often right next door. To the best of our knowledge, for many years, the manse in effect .has been on a separate lot zoned residential with taxes being paid on the property while the other part of the property is zoned institutional. The request for severance is simply to make this separation legal so that the property can be dealt with in a practical way, The home would be able to be sold allowing a family to live in the community, pay taxes and shop in the community. This would free up the church property to be sold separately for any number of purposes. We sense that neighbours are won ied that the property will be neglected and these concerns have caused the Council to ask for these onerous conditions. Firstly, we do not intend to neglect the property. Secondly, it is irrelevant to the severance, since if we were going to neglect the property, which we have no intention of doing, the same would be true whether it were severed or not, SO Wynford Drive Toronto, ON MC lJ7 telephone 415- 441.1111 toll -free 1- SO0.619 -9301 fax 416'441-2825 www.prcabyterian.ca Sep. 1. 2010 9:38AM We also are under the impression that a sub -set of neighbours will settle for nothing Tess than the building being torn down. This is not an immediate plan of ours but we do not rule it out in future years. However, we would not like to see an historic building being tom down without giving it a chance to be purchased and used to enhance the community_ Although we acknowledge that each community has unique circumstances, we have learned from our experience that old church can be given new life. As an example, a list ofchurches sold by us in Ontario and their intended use follows_ St. Andrew's, Thunder Bay sold to be used as a church ICnox, New Glasgow sold to be used as a church Tempo near London sold to used as a wedding chapel Knox, Belmont sold to used as a daycare centre Ailsa Craig, Ailsa Craig— sold to be made into apartment units Victoria Royce, Toronto sold to be converted in condominiums We respectfully ask the Ontario Municipal Board for guidance in this matter. Faithfully yours, Stephen Roche Chief Financial Officer and Treasurer Member of the Trustee Board. c.c. Ward Houghton, OLS, OLIP No. 4140 P. 9 Application #E 18/10 July 22, 2010 DECISION In the matter of an application for a consent pursuant to Section 53 (1) of the Planning Act, R.S.O. 1990, as amended, as it affects the following property: PART LOTS 4, 5, 6 7, REGISTERED PLAN 105, MUNICIPALITY OF WEST ELGIN of a severance of a portion of the above-mentioned premises as sketch a d pth of to the application of a lot with a frontage of 19.150 metres along Munroe Street proposed to create one 40.268 metres, Area 711.5 square metres containing one house, p ro p residential lot. The owners are retaining 995 square metres containing one church (now closed), proposed to remain in institutional use. Consent requested by: THE TRUSTEE BOARD OF THE PRESBYTERIAN CHURCH OF CANADA Consent granted to: UNKNOWN DECISION: GRANTED Conditions: This decision will expire unless of the Municipal ty of West rElgin stamping met (Rezoning 2011. Providing that the requirements g n Apportionment of Municipal Drainage required for both severed and retained parcels; App assessments, if required; Drainage outlet and drainage agreement, if Subject provision Requirements of the Municipal Road Department regarding access and/or drainage; water and n fees, sewer if applicable; cable; Two retained opes of the registered reference ce p a with a connection if apple copy of the said plan showing the locations un municipality; alit and Taxes to be paid n ildings to structures, submi to the satisfaction of the p Y into an agreement with the municipality regarding d the at nine lot; the ,eta 1 d lot t easement for maintenance purposes be granted on the sevf needed for ered easement for maintenance purp w il notice i be l e eir►ed from same confirming ming the a period of twenty -one years or more) and conditions prior to stamping the deed. Reasons: Hamlet Residential lot. Page 1 of 2 County of Elgin Engineering Services 450 Sunset drive St. Thomas, On N5R 5V1 Phone: 519- 631.1460 www. elgi n-co u nty.on .c a 20 September 2010 MEMORANDUM TO: Members of Council Municipality of West Elgin FROM: Ted Halwa RE: Community Improvement Business Improvement Area (BIA) Proposed By -law 3` draft #021711729 Further to the input received from Council at its meeting of 9 September 2010, we have revised the 2 draft by -law prepared initially by the BIA Task Force. The revised draft is enclosed. The following revisions have been made. 1. Section 5 clarified the size of the Board of Management at seven members; 2. Section 8 clarified appointment of a new member to the Board in the case of a vacancy; 3. Section 12 clarified voting by members of the Board. We have been advised by the Clerk that Council did not specifically address the following additional points. This being the case, we are re- producing them below in the event Council wishes to give any consideration to them. 1. changing the proposed name, being the "West Elgin Improvement Area, to the "West Elgin Downtown Improvement Area" or the "Rodney and West Lorne Downtown Improvement Area" to give the name of the organization stronger identity and focus. Many BIA's incorporate a geographic reference into their official title. 2. assigning the Member of Council appointed to the Board of Management to the Mayor or Deputy Mayor to avoid any perception of bias towards one of the villages and to signal the importance the Municipality places on the organization at least in its early 'start up' phase. Given the many duties of the Mayor and the initial tasks of the BIA in getting organized, it may be role more suited to the Deputy Mayor. We understand that while there is no statutory requirement for a public meeting, Council supports the notion of a public meeting prior to adopting the by -law. We understand further the meeting would be scheduled following the municipal election in October, likely early in 2011. (original signed by) Ted L. Halwa. MCIP, RPP enclosure Establishment and Purpose Board of Management The Corporation of the Municipality of West Elgin BY -LAW Being a By -law to Designate and Establish an Improvement Area known as the West Elgin Business Improvement Area WHEREAS section 204 of the Municipal Act, 2001 S.O. 2001, c.25, authorizes a local municipality to designate an area as an improvement area and to establish a Board of Management; AND WHEREAS notice of this By -law was given in accordance with Section 210 of the said Act; NOW THEREFORE the Council of The Corporation of the Municipality of West Elgin (hereinafter called the "Council enacts as follows: i. The Municipality hereby designates the area shown as Schedule `A' and as Schedule `B' (hereinafter called the "West Elgin Business Improvement Area as an Improvement Area within the meaning of the Municipal Act. 2. The Municipality hereby establishes a board of management to be know as the "Board of Management for the West Elgin Business Improvement Area" (hereinafter called the "Board 3. The Municipality entrusts to the Board the promotion of the West Elgin Business Improvement Area as a business and retail area. 4. The Municipality and the Board shall collaborate on the improvement and beautification of municipally owned land, buildings and structures in the West Elgin Business Improvement Area. 5. The Board shall consist of seven members, six of which shall be appointed by Council following an election for candidates amongst eligible members of the West Elgin Business Improvement Area such that the number of members representing Rodney Town Centre and West Lorne Town Centre are equal while the remaining member shall be a member of Council appointed by Council to, amongst his/her duties as a member of the Board, act as a liaison between Council and the Board. 6. Each member of the Board shall hold office from the time of his or her appointment until the expiration of the term of the Council that appointed him or her provided he or she continues to be so qualified as provided in section 5 of this By -law. 7. The members of the Board shall hold office until their successors are appointed and are eligible for re- appointment upon the expiration of their term of office. 8. Where less than six members are elected by the West Elgin Business Improvement Area to the Board or a vacancy on the Board occurs due to any cause, Council may appoint a person to fill the vacancy for the unexpired portion of the term. The recommendation of the Board shall be sought for any such appointment. 9. The Board shall, as soon as possible following its appointment, elect a chair, treasurer and secretary. Each position shall be elected annually, along with such other positions as the Board deems necessary to properly conduct the business of the Board during the year. 10. The Board shall keep proper minutes and records of every meeting of the Board, and shall forward true copies of such minutes and records to all members of the Board and the Administrative Treasurer of the Municipality of West Elgin as soon as possible after each meeting. 11. A simple majority of the members of the Board shall constitute a quorum at all meetings of the Board unless otherwise approved by Council, 12. Each and every member of the Board shall have one vote, however, the member of Council appointed to the Board shall only exercise his /her vote in the event of a tie. Financial 13. The Board shall adopt and maintain banking arrangements and good accounting practices that are acceptable to the Municipality's auditor, and shall keep such books of account and shall submit such statements from time -to -time as the Municipality's auditor may require. 14. The Municipality's auditor shall be the auditor of the Board and all books, documents, transactions, minutes and accounts of the Board shall, at all times, be open to his or her inspection. 15. The fiscal year of the Board shall be the calendar year. 16. On or before the 1 S day of May in each year, the Board shall submit its' annual report for the preceding year to Council. The annual report shall include a complete audited financial statement of the Boards' affairs with balance sheet and revenue and expenditure totals. 17. The Board shall submit to Council its estimates for the current year in a form and at a time satisfactory to the Administrator /Treasurer for the Municipality of West Elgin and may make requisition upon Council for all sums of money required to carry out its powers and duties, but nothing in this section divests Council of its authority with reference to rejecting such estimates in whole or in part or providing the money for the purposes of the Board and when money is so provided by Council the Administrator /Treasurer shall, upon the certificate of the Board, pay out such money to the Board. 18. Upon repeal of this By -law, the Board shall cease to exist and its undertakings, assets and liabilities shall be assumed by the Municipality. 19. Nothing in this By -law shall prevent the Board from obtaining the assistance of persons with special knowledge or qualifications to provide the Board with plans and information to enable the Board to carry out its duties and responsibilities as established under sections 3 and 4 of this By -law. 20. The Municipality shall annually raise the amount required for the purposes of the Board, including any interest payable by the Municipality on money borrowed by it for the purposes of the Board, by levy upon rateable property in the West Elgin Business Improvement Area that is in a prescribed business property class and such levies may be in the form of a minimum charge and a maximum charge in accordance with Section 208(3) of the Municipal Act, S.O. 2001, c. 25. 21. Charges levied under Section 20 of the By -law shall have a priority lien status and shall be added to the tax roll. 22. The Board shall not expend any money not included in the estimates approved by Council or in a reserve fund established under Section 417 of the Municipal Act, S.O. 2001, c. 25. 23. The Board shall not borrow money and, without the prior approval of Council, it may not incur any indebtedness extending beyond the current year. Annual General Meeting 24. Notice of the Annual General Meeting (hereinafter called the "Annual General Meeting of the members of the West Elgin Business Improvement Area shall include the meeting agenda and the proposed budget. 25. A complete audited financial statement of the Board's affairs including balance sheet and revenue and expenditure statement shall be available at the Annual General Meeting. 26. The Board shall supply the Administrator /Treasurer of the Municipality of West Elgin with the notice of the Annual General Meeting and any materials to be included in it at least 21 days before the date of the meeting. 27. The Municipality shall send notice of the Annual General Meeting by prepaid mail at least 14 days before the date of the meeting to property owner members of the West Elgin Business Improvement Area. 28. The Board shall distribute notices at least 14 days before the date of the meeting to tenant members of thy West Elgin Improvement Area. 29. The Annual General Meeting shall be held prior to the 1 day of May unless otherwise approved by Council. READ A FIRST AND A SECOND TIME READ A THIRD TIME AND FINALLY PASSED Clerk Mayor HA RPER STREET! 1 1 1 1 QUEENS LINE S'IREET 1 QrmerM,j, Schedule `A' Proposed Improvement Area w w 1- 8 ALBERT S TREET n 1 1 1 1 1 1 1 1 I ex AIORIAH STREET CC J tj CK ul CIA R1< STREET', or NW ti MAIN STREtT 1 RODNEY TOWN CENTRE 0 100 200 m 1 1 1 MUNROE -INF-111-111-10 MI 1 1es STREET JANE MAIN STREET MAPLE I sSTRE E T Schedule `B' Proposed Improvement Area STREET formerrailwaylands WEST LORNE TOWN CENTRE 1 1 1 100 200 rn 20 September 2010 MEMORANDUM TO: Members of Council Municipality of West Elgin FROM: Ted Halwa RE: Provincial Policy Statement, 2005 5 Year Review 85 #000811925 As Council is aware, the Province has initiated a 5 Year Review of the current version of the Provincial Policy Statement (PPS). Input is being sought from municipalities and others during the review process. The deadline for submissions is 29 October 2010. Under the Planning Act, decisions of Council (and the County's Land Division Committee) that affect any planning matter under the Act must be consistent with the PPS. Consideration of the PPS is a key factor in obtaining the approval of the Ministry of Municipal Affairs and Housing and a key document taken into account by the Ontario Municipal Board in planning matters that come before these bodies affecting the Municipality. In terms of a formal submission by the Municipality, we have identified the following topics as ones which would seem appropriate to address based on our experience working with the PPS in West Elgin. There may well be others that warrant addressing as well. 1. Surplus Farm Dwellings [Section 2.3.4. c)1 There is some concern that this provision may be eliminated in the next version of the PPS. The Municipality has had policies in place to permit the severance of surplus dwellings for some time under the official plan of the former Township of Aldborough and has carried them forward in revised form in the yet to be approved West Elgin Official Plan. The policies appear to have served the Municipality well and there seems to be strong support both in Council and the community to stay the course. Two recent applications (i.e. Weits /McLeod and Beauregard /Matos) raised issues with respect to residency /ownership that the current PPS is either PPS 5 Year Review Municipality of West Elgin 20 September 2010 page 2 #0008/1925 silent on or less than definitive. The PPS is also silent on the issue of farm buildings which are invariably declared surplus along with the farm dwelling. A strong statement in support of the existing provisions in the PPS along with some suggested areas of improvement would appear warranted. The lack of evidence (in West Elgin and elsewhere for that matter) that these types of severance have been detrimental to the farm community and the contrary evidence that they have, in many instances, been positive for the community should be pointed out. 2. Natural Heritage Areas [Section 2.0] As a result of issues raised at a public meeting in November 2007 on the new Official Plan for West Elgin with respect to the designation of wetlands, Council virtually demanded the Ministry of Natural Resources convene a public meeting to address the process of wetland evaluation and designation as well as the implications to landowners. The Ministry of Natural Resources (MNR) had identified 13 provincially and 5 locally significant wetlands in the Municipality. Two of these, namely the West Lorne Woodlot and the Eagle Woodlot were designated as provincially significant wetlands in the Official Plan of the former Township of Aldborough. The additional wetlands appeared to catch many Landowners by surprise as well as Council. While notification measures are not addressed in the PPS for wetlands or any other matter, this is an opportune time to express the concern over the lack of notice and the lack of opportunity given to landowners to question the basis for the designation, effect on adjacent lands and boundary determination. 3. Development on Partial Services [Section 1.6.4.5]— The PPS is quite restrictive on development serviced by a municipal water supply system and on -site sanitary sewage services. This policy adversely affects new development in areas designated 'Hamlet', 'Rural Residential' and land Tying in the 'Lakeshore Area' in the new Official Plan. The current policy is based on the concern that development on partial services has the potential to overload on -site sanitary waste disposal system leading to costly remedial measures. While increased water usage may result from a piped water supply as opposed to a well water supply and there are instances where failed private sanitary sewage systems have led to the installation of costly municipal systems, there may be other ways and certain circumstances where development on municipal water only should be less restrictive. PPS 5 Year Review Municipality of West Elgin 20 September 2010 page 3 #0008/1925 4. Agriculturally related Commercial and Industrial Uses [Section 2.3.3] The PPS is overly and unreasonably restrictive on the establishment of agriculture- related uses in 'prime agricultural areas'. As defined by the PPS, such uses are restricted to those that are small scale and directly related to the farm operation and are required in close proximity to the farm operation. Under this definition, such establishments as Thompsons' grain handling facility would not be permitted in its current location west of Rodney. Rather OMAFRA would direct these uses to settlement areas (a scenario which even the Ministry of Environment expressed difficulty with) or go through an arduous process of obtaining permission to locate in a 'prime agricultural area'. In the preparation and in the negotiations following adoption of the new Official Plan for West Elgin, this issue has proven to be a major area of disagreement with OMAFRA. Clearly this is a matter where the PPS is not working well. 5. Dog Kennels, Outdoor Recreation and Other Non agricultural Uses in the Rural Area [Section 2.3.3] Under the PPS, such uses are only permitted as 'secondary uses' in `prime agricultural areas' often interpreted to mean secondary to the agricultural use of the property. These uses are best suited to rural areas and, if restricted to settlement areas, usually lead to conflicts. A recognition of the legitimate need that exists to locate certain non agriculture related uses in 'prime agricultural areas' is warranted in the PPS. 6. Consents for Legal or Technical Reasons An issue that proved frustrating to the Municipality and the landowners involved is the matter of severances to re- establish ownerships which were inadvertently merged in title as a result of amendments to the Planning Act dating back to the 1970s. In the case of an application for consent by Frank Irene Sura in 2006, the Ontario Municipal Board ruled in favour of the severance of two (undersized) agricultural parcels that had historically been separate Tots until being inadvertently merged in title. The application was denied by the County of Elgin Land Division Committee on the basis that it did not meet the definition of the PPS of severances for 'legal or technical' reasons meaning severances for purposes such as easements, corrections of deeds, quit claims, and minor boundary adjustments, which do not result in the creation of a new lot. The owners appealed the decision to the OMB which ultimately ruled in their favour. A more flexible policy in the PPS governing these types of situations would appear justified and would have saved the PPS 5 Year Review Municipality of West Elgin 20 September 2090 page 4 landowners in question (as well as potentially others in the future) a lot of anxiety and expense. (original signed by) Ted L. Halwa, MCIP, RPP #0000/9925 }4J1Ftirnitipdit Tile Atunicipalik of vot 1E1g TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: NORMA BRYANT, CLERK DATE: SEPTEMBER 23, 2010 RE: ELGIN ELECTION JOINT COMPLIANCE AUDIT COMMITTEE INTRODUCTION: In accordance with Section 81.1 of the Municipal Elections Act, Council passed By -law No. 2010 -55 establishing an Elgin Election Joint Compliance Audit Committee. The Terms of Reference provides for a committee of three (3) to seven (7) members. BACKGROUND: The Elgin County municipal clerks have jointly sought suitable appointees to the committee. Professionals such as auditors, accountants, lawyers, academics and other individuals having a familiarity with municipal election campaign financing rules were solicited. Advertisements were placed in newspaper throughout the County and professional associations contacted. This effort resulted in two applications being received. The City of St. Thomas, City of London, Middlesex and Oxford Counties were approached as well. The three members of the City of London committee have agreed to sit on the Elgin committee as well. The following are recommended for appointment: Dr. Tim Cobban is an Assistant Professor or the Department of Political Science at the University of Western Ontario. He has a PhD in political science and teaches the Master of Public Administration program. He is very familiar with the Municipal Elections process. Patricia Miller is a Barrister Solicitor, currently practicing as Legal Counsel in Oxford County. Her legal training and experience included many aspects of municipal law. She has knowledge and experience with working during provincial and municipal elections. C 9(a) 22413 Hoskins Line, Box 490, Rodney, Ontario NOL 200 Tel: (519) 785 -0560 Fax: (519) 785 -0644 Page 2 of 2 Christene Scrimgeour is a Chartered Accountant and is familiar with the Municipal Act and the Municipal Elections Act. She is an auditor for a number of muniicpalites. Amandeep Taneja is a Senior Financial Advisor with the CIBC Imperial Serv8ce, with knowledge in financial business management, auditin and compliance requirements. He has completed the CGA Advanced 4 Level, as well as other accounting and finance programs. Andrew Wright is a lawyer at Siskinds LLP, in London. He specializes in Municipal Law. He is very familiar with the legislative requirement as they pertain to Municipal elections. RECOMMENDATION: That Council of the Municipality of West Elgin approves the appointment of Patricia Miller, Amandeep Taneja, Andrew Wright, Christene Scrimgeour and Dr. Tim Cobban to the Elgin Election Joint Compliance Audit Committee for the 2010 Municipal Election and that the necessary by -law be presented. Norma I. Bryant, Hon AMCT Clerk September 23, 2010 PAY RATES FOR ELECTION OFFICIALS ACTUAL PROPOSED 2006 2010 RETURNING OFFICER $415.00 $500.00 ASSISTANT RETURNING OFFICER $200.00 $210.00 HELP CENTRE (SAT SUN) $360.00 DEPUTY RETURNING OFFICER $165.00 $174.00 (plus $10.00 meal allowance) ELECTION ASSISTANT (AT POLL) $140.00 $147.00 (plus $10.00 meal allowance) ADVANCE VOTE $110.00 $115.00 (plus $5.00 meal allowance) BEATTIE HAVEN: DEPUTY RETURNING OFFICER plus a $5.00 meal allowance ELECTION ASSISTANT plus a $5.00 meal allowance TRAINING SESSION (MANDATORY) 80.00 80.00 55.00 55.00 30.00 30.00 TO: FROM: DATE: RE: INTRODUCTION: BACKGROUND: DISCUSSION: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN NORMA BRYANT, CLERK SEPTEMBER 23, 2010 WASTE RECYLING STRATEGY C 9(c) The Atunici ..i of I 1 `.esf in Municipalities are being encouraged to find measures to increase the efficiency and effectiveness of waste recycling programs. Waste Diversion Ontario (WDO) has identified best practices through its annual Municipal Datacall, and the completion of Waste Recycling Strategies is part of those best practices. The allocation of funding in the future will change from 5% on Datacall best practice to 25% in 2012; program performance from 30% to 45% and net cost from 65% to 30 Further, the development and implementation of an up -to- date recycling strategy or plan is part of WDO Best Practices, completion of which is required by the date of submission of WDO Datacall in March 2011. The Continuous Improvement Fund (CIF) has developed some resources for preparing these strategies, including guidebook /templates for municipal use. In addition, CIF will also provide funding for municipalities to complete Waste Recycling Plans of 75% to a maximum of $15,000.00. A letter of agreement with WDO is required to secure such funding. A Waste Recycling Strategy would assist the municipality in identifying our needs and goads and implementing future initiatives. In addition municipalities without a recycling strategy /plan will have their annual blue box funding from WDO reduced for 2010. As there currently is no Municipal Staff in -house with the necessary qualifications to develop such a Waste Recycling Plan, staff have approached WESA for a proposal to prepare this plan for the municipality. WESA is our consulting engineer for our landfill and as such is familiar with our landfill and recycling program. Attached for your information is WESA's proposal, dated September 16 2010. 22413 Hoskins Line, Box 490, Rodney, Ontario NOL 2C0 Tel: (519) 785 -0560 Fax; (519) 785 -0644 Page 2 of 2 RECOMMENDATION: 1. That staff be authorized to proceed with an application to the Continuous Improvement Fund for a Waste Recycling Plan project funding. 2. That Council accepts the proposal from WESA to prepare a Waste Recycling Strategy. Norma I. Bryant, HonBA, AMCT Clerk Attachment WESA proposal for preparation of a Waste Recycling Strategy. .1 Better I :i1■iro1inlent I'ur [Business WESA Mrs. Norma Bryant The Corporation of the Municipality of West Elgin 22413 Hoskins Line, Box 490 Rodney, Ontario NOL 2C0 Re: Waste Recycling Strategy Dear Mrs. Bryant: WESA Inc, 171 Victoria Street North Kitchener, Ontario, Canada N21I 5C5 Tel: 519- 742 -6685 Fax: 519- 742 -9810 Email: wesakw @wesa.ca www.wesa.ca September 16th, 2010 Project No. W- B9227 -00 Thank you for the opportunity to submit a proposal to prepare a Waste Recycling Strategy for the Municipality of West Elgin (West Elgin). As a long term client, you likely know the basics: WESA Inc. is a member of the WESA Group and for more than thirty -three years WESA Inc. has been providing solutions for our clients through our Geosciences, Environmental Services, Engineering and Industrial Hygiene /Occupational Health Safety teams. However, within those disciplines, WESA provides a multitude of services for all sectors, and offers extensive international experience, which you may not be fully aware of. WESA Inc. has always maintained its position as a specialty consulting and training organization. We have shunned the "one size fits all /we do anything for anybody" direction taken by many firms in our sector. instead WESA has chosen to focus on providing key services in specific sectors in a manner which few other organizations can match in terms of Quality of Service. The following proposal describes the project approach, including methodologies and costs, based on the outline described in the Continuous Improvement Fund (CIF) WRS Guidebook. It also outlines WESA's related experience, to emphasize our suitability for this project. Gatineau o Kingston 0 Kitchener o Montreal 0 Ottawa San Salvador 0 Sudbury Toronto 0 Yellowknife Objectives Methodology West Elgin WRS September 2010 The objectives of the Municipal Waste Recycling Strategy project are to: e Help West Elgin go beyond legislative compliance and demonstrate best practices in municipal waste recycling programs; Maximize best practices funding; Enable West Elgin to identify and demonstrate continuous improvements toward best practices; Clarify long term Blue Box diversion goals for the municipal program; e Identify cost effective solutions to maximize Blue Box diversion; and Identify areas where West Elgin can improve the existing Waste Recycling Strategy. Continue to create jobs, reduce greenhouse gas emissions and safeguard the environment through waste diversion This work will be completed in accordance with CIF's Guidebook for Creating a Municipal Waste Recycling Strategy. The tasks to be completed are listed below, not necessarily performed in chronological order: Kick -off meeting with West Elgin, and establishment of a West Elgin Waste Recycling Strategy committee Introduce the elements of the Waste Recycling Strategy and planning process Identify the Study Area (Project Boundaries) Select and plan for the Public Consultation Process Identify current waste diversion factors and drivers Establish recycling and community goals and objectives Characterize community and current waste data, programs and services identify current costs identify future waste management needs Review and evaluate recycling options Prioritize selected recycling initiatives Prepare implementation plan, and Identify contingencies, monitoring and reporting requirements. 2 Task Professional Fees Kick -off meeting, establish project foundations $980 Project boundaries, public consultation process, current drivers (including meeting/review with West Elgin) $1,570 Assess current status and future needs (including meeting/review with West Elgin) $5,335 Identify recycling options and prioritize selected option, create implementation plan (including meeting/review with West Elgin) $2,860 Prepare draft final report $2,260 3 public consultation meetings (including WESA representation and preparation of presentations) $2,925 Subtotal $15,930 Estimated expenses (including travel expenses for six separate meetings with West Elgin and three public consultation meetings) $1,170 Total $17,100 West Elgin WRS September 2010 WESA will complete and document the tasks as outlined in the CIF Guidebook. Although each task will involve West Elgin's input and review, WESA will also produce a final deliverable to West Elgin, in the form of a Waste Recycling Strategy Report. The report will be provided in draft then final form, to allow for final review and comments from West Elgin key staff. As recommended in the Guidebook, a minimum of three public consultations will or -ur throughout the course of the project. Costing has been prepared based on this minimum. The report and supporting data will be provided in electronic format, designed so that West Elgin can readily update the work in future years using a consistent methodology, and readily report information to government agencies as required. Costs The total estimated cost to prepare the Waste Recycling Strategy report as outlined in this proposal is $15,930, inclusive of all professional fees, but exclusive of expenses and applicable taxes, as shown in Table 1: Table 1: Cost Breakdown 3 West Elgin WRS September 2010 The costs have been prepared based on the following hourly rates quoted in Canadian Dollars (preferred rates): Project Manager Engineer Waste Specialist WESA Administrative Staff $130.00 $65.00 50.00 Notes: Travel based from Kitchener office at 0.505 per km is included above. Additional time will be charged at the rates indicated on the hourly rates. Expenses are charged at cost plus 10 This quotation is exclusive of all applicable taxes. This quotation is on an estimated fee basis for work in accordance with the above scope of work. The final fee will be based on actual hours worked and costs, and is not expected to exceed the estimated maximum above. However, should these amounts prove to be insufficient, West Elgin will be approached for discussion and approval before further work is completed. WESA staff will be available approximately two weeks from the notice to undertake the Waste Recycling Strategy project. Specific project schedules will be determined by WESA and West Elgin. Experience WESA has extensive experience in the public sector, in all aspects of environmental management. WESA has been working with waste audits, reduction strategies and municipalities since 1976. Since 2005, WESA has developed a relationship with West Elgin in the environmental field, and is eager to continue. WESA has worked with hundreds of municipalities across Canada in a broad range of environmental projects. Currently, several WESA teams are engaged with four Municipalities, one Utility and one Agency of the Ontario Government. Since 2006 alone, more than thirty municipalities have contracted WESA Inc. to assist with the development and implementation of Quality Management Systems. WESA also has extensive experience in the public consultation process, as this is an essential component to many of our client public projects. WESA references and specific team member experience are available upon request. 4 West Elgin WRS September 2010 Team Members Andrea Clemencio, P.Eng., CEA Project Manager, Senior Engineer Andrea is a Senior Engineer and Auditor with WESA Inc., with eighteen years experience in environmental management. Andrea obtained her Bachelor of Engineering_ degree from McMaster University and is a Professional Engineer with the Professional Engineers of Ontario. She is also a Certified Environmental Auditor (CEA), recognized by Auditing Association Canada. Andrea has worked as both a consultant and in industry, establishing a strong portfolio in all aspects of environmental compliance, initiatives and response, based on actual practical experience. Andrea regularly performs audits for clients against various environmental criteria including environmental compliance, management system conformance, water conservation, wood preservation requirements, and industry best management practices. She also manages Air Emissions and National Pollutant Release inventory Reporting for industrial clients. Her expertise also includes Certificate of Approvals for Air and Sewage Works, and preparation of additional documentation occasionally required under these approvals, such as Operations Manuals, Spill Contingency Plans, and Dust Management Plans. Andrea performs training seminars across the province in many of these expertise areas. Pilar DePedro Waste Specialist Pilar is an environmental scientist with a Master of Science from the University of Edinburgh, Scotland, and has extensive experience developing waste strategies. Her international experience includes working with renewable energy exploration in the Philippines and the study of environmental impacts of climate change on agriculture in Nepal. Ms. DePedro was employed in both Scotland and Spain for several years developing a foundation in waste and water management policies along with European environmental legislation and standards. Her proven research skills and work history in the environment, waste, policy, climate change, and agriculture are called upon throughout the WESA Group. 5 WESA Inc. We Elgin WRS September 2010 Confidentiality All information, data, material, etc. gathered as a part of this proposal shall be treated as confidential and shall only be discussed with West Elgin unless otherwise directed. All queries on the project from the public, news media, etc. will be referred to West Elgin. No contacts will be made to any third party without the full knowledge and approval of the client. The contents of this proposal are considered confidential information, and as such is to be kept strictly confidential and shall not be disclosed in any form whatsoever to any other person, entity or Corporation, without the prior express written permission of WESA. The addressee further agrees that they shall make no reproductions, copies or other facsimiles of said information, except as required for their own internal use, without the prior written permission of WESA. This project will be completed in accordance with WESA's Standard Terms and Conditions for Consulting Services, a copy of which is attached. Please review the attached conditions and return a signed copy of the authorization to our office in order for us to proceed with this work plan. We sincerely look forward to further discussing our proposal and carrying out this work assignment. We are proud of the relationship developed with West Elgin over years of service, and look forward to expanding our service based with you even further. Respectfully submitted, Th Andrea Clemencio, P.Eng., CEA Karen Greer, M.Sc.. P.Geo Senior Engineer Auditor Client Contact /Hydrogeologist 6 Mrs. J. Groch, BA,AMCT Administrator-Treasurer Municipality of West Elgin Box 490 RODNEY, Ontario NOL 2C0 JRS:sjs The additional amount is $23,000.00. Yours truly, September 17, 2010 &TUNJI� P I, YYDFIRlE 1 ,)Efi 21 Dear Joanne: Re: Graham Road Watermain Project Job N o. 2 6266 If there are any questions, please contact the undersigned. SPRIET ASSOCIATES LONDON LIMITED J. R. Spriet, P. Eng. Associates: A.M. SPRIET J.R. SPRIET A.L. GIGUN 0 McILMURRAV 0 M.P. 0EV0S o J.M. SPRIET a C.S. LIERMAN SPRIET ASSOCIATES ENGINEERS ARCHITECTS 155 York Street London, Ontario N6A 1AB Tel. (519) 672 -4100 Fax (519) 433 -9351 E -mail: mailespriat.on.ca www.sprfet.on.ca We send this letter requesting approval of an additional amount for engineering and inspection on the above noted project. The extra cost is for contract administration and inspection to deal with deficiencies and complaints on the 4 contracts and further work with respect to investigating a possible chlorine booster station and automatic blow -off installation because of low chlorine residual north of the 401. C 9(d) TOTAL P.01 To Whom It May Concern: The West Elgin Rodeo committee respectfully request that any fees required for the temporary zoning change for the lands of Ken and Joan Neil be waived. The West Lorne Optimist Club is a not for profit organization that returns all profits to the community for the betterment of the youth. Joan Neil—Co-Chairman Ken Neil —Co- Chairman Nancy Murray -Co- Chairman SECEPTED SF.' 1 P1 SEP -8 -8010 14:45 FROM:TINY TOTS September 1 2010 Municipality of West Elgin 22413 Hoskins Line Rodney, Ontario NOL2C0 RE: Tiny Tots Nursery School Fundraising Event Dear Council: Tiny Tots would like to host two fund raising events in the Rodney Recreation Centre on the same day, Saturday, October 16 2010. The Scrap a thon is held in the meeting room from Sam until 12 midnight. The other event is a community Mom2Mom Sale where vendors sell their used children's clothing and toys. The sale would operate from 8:30 until 12:30. All funds raised would go to Tiny Tots children's programs. In order to maximize funds raised, we would like to ask council to consider waiving the fee for using the facility on Saturday, October 16 2010. We greatly appreciate the use of the space to put on these fun community events. Sincerel Tiny Tots Co-operative Nursery Sch 217 Furnival Road Box 539 Rodney, Ontario NOff. 2C0 (519) 785 -2164 Y, Shelley mith, Tiny Tots Co -op Nursery School 5197851833( T0:5197950644 P.1 oil Da' 22446 Pioneer Line, RR #3 Rodney, Ont. NOL 2C0 Municipality of West Elgin 22413 Hoskins Line Rodney, ON NOL 2C0 Dear Council Members Re: Rodney Mini Storage Ltd, September 16, 2010 Thank you for your consideration, Sincerely, Frank Vanden Boomen, Representing Rodney Mini Storage, (519) 380 -5075 D3 'roil Free: 1-877-841-6111 Office: 519- 785 -3130 Fax: 619-785-1501 lUlU NICIITC. Cf :NES ELwI RECEIVED I SEP 1 7 20113 As you are all aware, we are opening a mini storage business in Rodney located to the west side of the municipal property including the fire department and work garage. We will have public access to the back of both properties. We are hoping you agree it would be beneficial for both property owners to install a security fence for our storage facility. This will prevent trespasser access to our storage property as well as prevent the same to your property. We feel that we would both benefit from this fence for security reasons but most of all for liability reasons. We are proposing that the municipality assist with the cost on this fence as it will be advantageous for both properties. We would consider installing the fence if the municipality agrees to pay 50% for the fence bordering their property. The quote is at our office and available for your review if you wish. The total length of this fence would be 144 meters (473'). The fence would be installed on Rodney Mini Storage property and would in no way affect the municipal property. The unit price to supply and erect a 7' high security fence complete with top rail, tension wire and 3 barbed wire is $14.80 per lineal foot or $7,000.40 plus HST. We are looking for 50% of this cost to complete this. Therefore, the total charge to the municipality would be $3500.00 plus HST