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March 24, 2011MUNICIPALITY OF WEST ELGIN AGENDA COUNCIL MEETING MARCH 24, 2011 Council Chambers, West Elgin Municipal Building DISCLOSURE OF PECUNIARY INTEREST APPROVAL OF AGENDA MINUTES (A1 Al2) *February 17, 2011 B.I.A. Public Meeting *February 24, 2011 Council *February 24, 2011 Public Meeting Rezoning (Part Lot 5, Concession 2) *February 24, 2011 Court of Revision Newtens Drain DELEGATIONS: 9:30 a.m. Steve Evans (County of Elgin) Mark Stone (Meridian Planning Consultants) re: County of Elgin Official Plan 10:00 a.m. Bill Bradshaw re: rezoning (El) 1:30 p.m. WESA Annual Report (D7d D7e) 2:00 p.m. Laura Bowles re: Clearing Cleaning of Land By -law (D7b) 2:30 p.m. Robert White re: MPoWER (under separate cover) 3:00 p.m. Erica Annette re: Healthy Communities Partnership (B1) PLANNING: (C1 -05) (see also correspondence items #3, #4) 1.* Community Improvement Plan update 2.* Port Glasgow Pier Extension and Reconstruction Project update 3. Establishment of BIA (D7c) 4. Appeal to OMB Official Plan (E2) 5.* New Zoning By -law update March 24/11 Page 2 REPORTS: (D1 -D8) 1. ROADS a) *Report re: Authorization to proceed to tender 2. RECREATION 3. BUILDING 4. WATER a) *Report re: Water Department Vehicles 5. BY -LAW ENFORCEMENT 6. DRAINS a) Tender for drain maintenance contractor 7. WEST ELGIN PRIMARY SYSTEM 8. ADMINISTRATION a) *Report re: Cattle Running At Large b) *Report re: Cleaning Clearing of Land By -law c) *Report re: Establishment of B.I.A. d) *WESA 2010 Annual Site Monitoring and Operations Report e) *WESA 2011 Site Monitoring and Operations Proposal f) *Spriet Associates Rodney Pumping Station (under separate cover) g) Appointment of Weed Inspector ACCOUNTS CORRESPONDENCE: (E1 -El 0) 1.* Johnston Bros. (Bothwell) Ltd. rezoning application 2.* Patton Cormier Associates Notice of Appeal Official Plan March 24/11 Page 3 3.* Ministry of Natural Resources Proposed Habitat Regulation under Endangered Species Act, 2007 for Eastern Flowering Dogwood 4.* Thames Sydenham and Region Source Protection Committee Notice under O.Reg 287/07 5.* Port Glasgow Yacht Club Havens Lake Road closure proposal 6. Elgin County Land Division Committee notice of decision Quintyn 7.* Elgin County Land Division Committee application for consent to sever —Lot. 9 10, Concession 14 (Quintyn) 8.* Elgin County Land Division Committee application for consent to sever Lot 10, Concession Broken Front (Newport) 9.* Elgin County Land Division Committee application for consent to sever Lot 9, Concession 11 (571419 Ontario Limited) 10.* Elgin County Land Division Committee application for consent to sever Lot 9, Concession 1 (Beauregard) BY -LAWS: By -law No. 2011 -19 By -law No. 201 1 -23 By -law No. 2011 -24 By -law No. 2011 -25 OTHER BUSINESS: (F1 -F2) 1. Request for Municipal Solicitor attend future council meeting re: Havens Lake Road closure 2. Closed session by -law infraction *Information enclosed CONFIRMING BY -LAW ADJOURNMENT NEXT MEETINGS March 28, 2011 April 7, 2011 April 14, 2011 April 21, 2011 April 28, 2011 Rezoning Johnston Bros. Amend By -law 2011 -04 Employee Remuneration By -law Animal Care and Impoundment By -law Appoint Poundkeeper and designate pound Tri County Management Committee, 7:00 p.m. Tour water treatment plant, sewage treatment plants, 9:00 a.m. Council Special Council Budget Council MINUTES OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN B.I.A. PUBLIC MEETING RODNEY FIRE HALL TRAINING ROOM FEBRUARY 17, 2011 MEMBERS PRESENT: Mayor Bernie Wiehle, Deputy Mayor Mary Bodnar Councillors: Dug Aldred, Richard Leatham, Norm Miller STAFF PRESENT: Joanne Groch Administrator /Treasurer /Deputy Clerk ALSO IN ATTENDANCE: Ted Halwa Planning Consultant SUBJECT: BUSINESS IMPROVEMENT AREA Also in attendance: Peter Hack, Steve Speller, Cindy Sura, Ursula Redman, Judy Gangle, Serge Lebedz, Drew Lebedz, Bill Denning, John Bakker, Marg Toth, Paul Barrett, Josh Davey, Dave Dixon, Julie Scafe, Jeff Teresa Knight, Shaun Dowling, Tim Blain, Caren Emery, Steve Emery, Paul Gangle, Frank Deeley, John Dianne Sleets, Iris Keith Fretter, Ed Markham, Debra White, Gail Hack, Wade Davey, Mike VanRaes, Cindy Sutton (32) The Mayor called the meeting to order at 7:00 p.m. The Planner noted that this is a Public Meeting regarding the formation of a Business Improvement Area. It is not required under legislation to have a public meeting. He presented a slide show starting with the CIP, which was adopted by Council in 2009. The priority areas for revitalization are the town centres of Rodney and West Lorne. One of the key initiatives in revitalization of the town centres is a BIA. Some of the points mentioned were streetscape improvements, building facades, farmers market, heritage conservation district, beautification and promotion. A joint BIA is a stronger organization and voice. The Mayor asked for questions /comments from the floor: Cha:,, Tier was asked to prepare another report and nothing has been done. There is a Task Force report on the by -law and budget budget of $5,000 not high enough. Council should establish a cost sharing of the budget with the property owners 50/50, 75/25 and 100/0. why levy commercial properties over and above what's already paid? Commercial properties are already paying more. Where will the budget end? Why do we need a by -law? Should the municipality pay all of the costs or should they be shared. There is recognition that businesses should contribute. Not every town has a BIA. It's up to the membership to decide on a budget. �-a Feb 17/11...Page 2 of 3 who made the map and why are some areas in others not discrimination. -the focus was on the downtown areas 1/3 of the businesses not agreeing when the downtown prospers then everyone does. Properties north of the tracks in West Lorne will benefit. what is the money used for? sidewalks? The members of the BIA decide. There is some support from the municipality. Grants can be applied for through the BIA. The budget goes to flowers, Xmas decorations etc. we can't afford another tax. It is on the agenda for the Province to get evened out. West Elgin is in the top 25% tax rates. there should be a lower tax for commercial properties is there a list of what council spends budget process is advertised can't afford another tax -have to charge customers. Tell him something that will improve his business. He spends more on promotion than anyone else. The Horticultural Club does the flowers. disparity of rates between the commercial and residential properties Taxes are too high. Just coming out of recession barely making it. How are the taxes set. the ratios are set at the County level and the rates are set by the West Elgin Council the BIA would work with Council to get grants eg. Trillium funding. Can't apply for these grants as individuals. are you going to raise taxes if the buildings are improved if the BIA goes to Trillium to get funds why is there a levy the BIA decides on priorities if 2/3 of owners approve and the BIA goes ahead can it be dissolved -Yes there is a procedure CIP for 2009 budget to do beautification. Why is it the BIA that has to pay. It seems like it is all on the BIA. The funding comes from a number of sources plans are underway for the streetscape. It is premature to guess at doesn't the Chamber of Commerce represent the businesses BIA would focus on the downtown need to work together Rodney has nice flowers etc. people don't come to look at flowers -we need people levies are different in London versus Pt Stanley in Pt Stanley there is a minimum /maximum levy, London has no minimum or maximum if opposed must send in letter within 60 days by March 20 if owners not local and tenants occupy building how can they put in letters must contact owners downtowns in need of revitalization could it be started with no money- try for a year with no fees small grant from municipality something needs to be done to get started want to see businesses grow why can't you take some money to advertise all together 1 of the vehicles to build downtown run the BIA with zero budget forum of people who share ideas there is no obligation t.:,-have a budget but there are incidental costs what's the difference between a BIA and the Chamber the Chamber cannot levy against the membership the Chamber objectives are broader, the BIA has a narrower focus, the Chamber focus is not only on downtown don't want an open ended cheque, not against the idea of a group but they don't want a levy general membership approves the budget industrial lands shouldn't be part of the BIA some of the industrial uses are winding down, because of proximity they were included in the area to look into Feb 17/11... Page 3 of 3 why can you only have 1 vote if you have more than 1 property it's legislation want names of owners can't be given out taxes too high can't afford more taxes if 1/3 of the owners with 1/3 of the assessment are against then doesn't proceed SUBJECT: ADJOURNMENT The Public Meeting concerning a proposed Business Improvement Area adjourned at 9:10 p.m. These minutes were adopted on the 24 day of March, 2011. MAYOR CLERK g3 MINUTES OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS FEBRUARY 24, 2011 MEMBERS PRESENT: Mayor Bernie Wiehle, Deputy Mayor Mary Bodnar Councillors: Norm Miller, Dug Aldred, Richard Leatham STAFF PRESENT: Joanne Groch Administrator/Treasurer Deputy Clerk ALSO PRESENT: Ted Halwa Planning Consultant DECLARATION OF PECUNIARY INTEREST: None SUBJECT: ADOPTION OF AGENDA RES. NO. 1 Moved by Aldred Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin approves the agenda for February 24, 2011 as printed and circulated. DISPOSITION: Carried Council recessed to hold a public meeting on a zoning amendment (Johnston Brothers (Bothwell) Ltd) and resumed their meeting thereafter. SUBJECT: JOHNSTON BROTHERS (BOTHWELL) LTD REZONING APPLICATION RES. NO. 2 Moved by Miller Seconded by Leatham RESOLVED that the report from Community Planners dated February 22, 2011 re: Johnston Brothers (Bothwell) Ltd. to rezone Part of Lot 5, Concession 2 be received. DISPOSITION: Carried SUBJECT: APPLICATION'- OR CONSENT TO SEVER LOTS 9 10, CONCESSION 14 (QUINTYN) Michelle Quintyn was available by phone for discussion on the conditions of severance tree preservation and enhancement plan. She advised that her intent is to preserve and to enhance the property. See correspondence Item #1. RES. NO. 3 Moved by Bodnar Seconded by Aldred RESOLVED that the report from Community Planners dated February 22, 2011 re: Applications for Consent E64110 to E66/10 be received. DISPOSITION: Carried February 24111... Pg 2 of 5 SUBJECT: OFFICIAL PLAN APPROVAL Councillor Miller declared a Conflict of Interest with Modification #48 as he owns land on Gray Line in the area. He did not participate in the discussion. The Planner advised that the Official Plan was approved on February 7, 2011. The last date for appeal is March 7, 2011. The Plan was approved with 48 Modifications. He advised that he and the Clerk had been meeting with MMAH to resolve issues. The Planner reviewed specifically the unresolved issues: #40 section 7.5 future development in the area shown as Port Glasgow on Figure 6 will require a Secondary Plan through an Official Plan Amendment #46 section 10.4 creation of lots by consent may only be granted for up to four (4) parcels exclusive of the retained parcel (four severed and 1 retained) #48 the Lakeshore Area on the north side of Gray Line is replaced with the Agricultural designation Council further discussed the decision and agreed not to appeal. SUBJECT: WEST ELGIN VARIETY STORE SITE PLAN The Planner reviewed his report dated February 22, 2011. He will report back on the rear fence, dumpster, u -haul parking and the curb and whether the site Plan agreement needs to be amended. RES. NO. 4 Moved by Aldred Seconded by Bodnar RESOLVED that the report from Community Planners dated February 22, 2011 re: West Elgin Variety Store site Plan Agreement at 263 Graham Road be received. DISPOSITION: Carried The Planner left the meeting. SUBJECT: PORT GLASGOW TRAILER PARK 2011 BUDGET Also in attendance: Jim Simpson Manager, Tim Marie Marsh, Bob Betty Swatuk, Jack Joyce Welch, Lloyd Ilene Hyatt, Bob Doreen Pickles, Reno Jean VanRaes, Omer Rita Benoite, Wesley Marion Colby, Livia Arsenijevic, Robbie McNaughton, Stephen Hanna. The Treasurer presented the 2010 Budget, 2010 Actual and 2011 Budget for the Port Glasgow Trailer Park. She explained that in 2010 the fees were increased by $350 per site and $2.00 per day for transient fees to pay for a new sewage system. A separate outline was reviewed. It is estimated to take 10 years to pay for the upgrades. No increase in fees was proposed. There was discussion on the capital projects for the year and on the loss of 10 sites due to the new sewage system. Jim is to come back with a plan to review with the Engineer /Council. SUBJECT: COURT OF REVISION NEWTENS DRAIN RES. NO. 5 Moved by Miller Seconded by Leatham RESOLVED that the members of the Court of Revision on the Newtens Drain be as follows: Chairman: Bernie Wiehle Members: Mary Bodnar, Dug Aldred, Richard Leatham, Norm Miller DISPOSITION: Carried February 24/11... Pg 3 of 5 Council recessed to hold a Court of Revision under the Drainage Act on the Newtens Drain and resumed their meeting thereafter. DELEGATION: WEST ELGIN NATURE CLUB TREE POLICY In Attendance: Bill Prieksaitis, Terry Eckersley, Peter Jocius, Paul VanVaerenbergh, Rd Supt. Terry Eckersley advised Council that two trees were taken down in front of her property. She received no notification and wasn't happy that the trees were taken down. The Road Superintendent reported that Mr. Eckersley had called him to look at the trees and they had met and agreed what would be done. There was further discussion on this issue and it was felt that better communications are necessary. Mr. Prieksaitis and Mr. Jocius questioned as to who determines when a tree will come down. Paul reported that the services of MEC are used. There is no tree replacement policy. The Mayor requested that they bring back a policy on tree cutting /replacement for Council to consider. SUBJECT: CORRESPONDENCE 1. County of Elgin Land Division Committee Applications for consent (Quintyn)(3) E64165/66 Part Lots 9 10, Concession 14 Instruction: RES. NO. 6 Moved by Miller Seconded by Leathern RESOLVED that the Council of the Municipality of West Elgin have the following comments regarding Severance Applications E64/10, E65/10, E66/10 applied for by Charles Michelle Quintyn. In accordance with Section 2.7.2 of the Township of Aldborough Official Plan, Council supports applications E64/10, E65/10, E66/10 subject to the following conditions: 1. Subject to the provision of an adequate and potable water supply to the satisfaction of Municipality; 2. Subject to the submission of a soils report to determine suitability for on -site sanitary waste disposal and conditions thereto; 3. Subject to the removal of winter maintenance restriction on Gray Line to provide year round access; 4. Subject to design and construction of driveway entrances to the satisfaction of the Municipal Road Superintendent; 5. Subject to the submission of a general grading plan; 6. Subject to apportionment of municipal drainage assessments (if required); 7. Subject to lands dedicated for park purposes or cash -in -lieu thereof in accordance with the Planning Act; 8. Subject to submission by the owners of a tree preservation enhancement plan by a qualified expert (eg. Arborist and/or landscape architect) for lands lying along /adjacent to Gray Line. 9. Subject to rezoning (removal of `holding' symbol) for the proposed building lots; 10. Subject to meeting all other requirements of the Municipality related to the development of the lands; 11. Subject to the entering into a agreement with the Municipality with respect to the forgoing matters; 12. Two copies of the deposited reference plan are submitted to the satisfaction of the Municipality; 13. Taxes to be paid in full. DISPOSITION: Carried February 24111... Pg 4 of 5 2. Ministry of Municipal and Housing Approval of Official Plan Notice of Decision (letter of approval, appeal period, with modifications) Instruction: File RES. NO. 7 Moved by Aldred Seconded by Bodnar RESOLVED that the correspondence be dealt with as per the instructions of Council as noted. DISPOSITION: Carried SUBJECT: BY -LAW NO. 2011 -18 INTERIM TAX LEVY RES. NO. 8 Moved by Bodnar Seconded by Aldred RESOLVED that the mover be granted leave to introduce a by -law to provide for an interim tax levy on the whole of the assessment for real property according to the last revised assessment roll and to provide for the payment of taxes and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 9 Moved by Aldred Seconded by Bodnar RESOLVED that a Bylaw to provide for an interim tax levy on the whole of the assessment for real property be now read a third time and finally passed, signed, sealed and numbered. Number 2011 -18 Interim Tax Levy By -Law. DISPOSITION: Carried SUBJECT: QUOTATION FOR BONN DRAIN MAINTENANCE Council received the following quotations for Bonn Drain maintenance: Darrell Dick Excavating Timmermans Drainage QUOTE HST 3,774.00 490.62 4,530.00 $588.90 RES. NO. 10 Moved by Leatham Seconded by Miller RESOLVED that the Council of the Municipality of West Elgin accepts the quotation of Darrell Dick Excavating in the amount of 3774.00 plus HST for the Bonn Drain Maintenance. DISPOSITION: Carried SUBJECT: FUNDAMAENTAL OF ECONOMIC DEVELOPMENT WORKSHOP Deputy Mayor Bodnar and Councillor Leatham are to attend. SUBJECT: 2010 COUNCIL REMUNERATION AND EXPENSES RES. NO. 11 Moved by Aldred Seconded by Bodnar RESOLVED that the report from the Deputy Treasurer re: 2010 Council Remuneration and Expenses be received. DISPOSITION: Carried 7 r!u February 24111... Pg 5 of 5 SUBJECT: SUMMARY REPORT WEST ELGIN DISTI;BUTION SYSTEM RES. NO. 12 Moved by Miller Seconded by Leatham RESOLVED that Council of the Corporation of the Municipality of West Elgin accepts the Summary Report under Regulation 170/03 for 2010 for the West Elgin Distribution System. DISPOSITION: Carried SUBJECT: CRINAN ARGYLE CHURCH DRAINAGE Councillor Bodnar requested a recorded vote RES. NO. 13 Moved by Leatham Seconded by Miller RESOLVED that the water billing to Crinan Presbyterian Church in the amount of $1,115.00 be paid for by the Water Department. Aldred Yes Bodnar No Leatham Yes Miller Yes Wiehle No DISPOSITION: Carried SUBJECT: SPECIAL MEETING There will be a Special meeting on March 21, 2011 at 9:30 a.m. to update Council on water issues. SUBJECT: CONFIRMATION BY -LAW RES. NO. 14 Moved by Aldred Seconded by Leathern RESOLVED that the mover be granted leave to introduce a By -Law to confirm the proceedings of the meeting of Council held on February 24 2011 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 15 Moved by Bodnar Seconded by Aldred RESOLVED that a By -law to confirm the proceedings of the meeting of Council held on February 24' 2011 be now read a third time and finally passed, signed, sealed and numbered By -law Number 2011-20 Confirming By -law February 24 2011 DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 16 Moved by Miller Seconded by Leatham RESOLVED that this Regular Meeting of Council shall adjourn at 5 :04 p.m. to meet again on March 10, 2011. DISPOSITION: Carried These minutes were adopted on 24 day of March, 2011. MAYOR CLERK MEMBERS PRESENT: STAFF PRESENT: SUBJECT: REZONING MINUTES OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN PUBLIC MEETING WEST ELGIN COUNCIL CHAMBERS FEBRUARY 24, 2011 Mayor Bernie Wiehle, Deputy Mayor Mary Bodnar Councillors: Norm Miller, Dug Aldred, Richard Leatham Joanne Groch Administrator /Treasurer Deputy Clerk PART LOT 5, CONCESSION 2 JOHNSTON BROTHERS (BOTHWELL) LTD. Also in attendance: William Bradshaw, Brent Welch, Chris Oliver, Randy Reiss The Mayor called the meeting to order at 9:30 a.m. The Deputy Clerk informed those present that notice of this meeting had been given under Section 34(12) of the Planning Act first class mail to all assessed owners within 150 metres of the subject property as well as provincial agencies and ministries as prescribed by regulation. Correspondence was received from the Lower Thames Valley Conservation Authority, which indicated no objection. The proposed amendment would change the zoning of the lands lying on the north side of Johnston Line (County Road No. 6) east of Black's Road, comprising part of Lot 5, Concession 2, from the Agricultural (A1) Zone to the Extractive Industrial (M3). The amendment would permit the establishment of a new gravel pit by Johnston Brothers (Bothwell) Limited. The lands proposed to be rezoned Extractive Industrial (M3) comprise an area of 20.1 hectares (49.6 acres), a frontage of 296 metres (971 ft) on Johnston Line (County Road No. 6), and a depth and flankage of 650 metres (2,133 ft) on Blacks Road. The parcel is without buildings or structures and has been extensively cleared for agricultural purposes. Johnston Brothers (Bothwell) Limited are in the process of applying to the Ministry of Natural Resources for a Category 1, Class A Aggregate License to permit the extraction of aggregate material from above and below the established ground water table. Extraction would occrr on 17.4 hectares (43 acres) of the subject lands. The maximum extraction per year would be in the order of 300,000 tonnes, with the life expectancy of the proposed pit anticipated at four years. Final rehabilitation to agriculture and natural environment is proposed. Permitted uses of the Extractive Industrial (M3) Zone include a pit, wayside pit, agricultural uses and forestry uses. Accessory buildings and structures are permitted provided they are not used for human habitation. The subject lands are designated 'Aggregate Resources' in the Township of Aldborough Official Plan. A 9 Of February 24/11 Pg 2 of 2 Mr. Bradshaw presented a Summary Statement for the Ferguson West Pit that he had prepared dated January 2011. He outlined the various reports required Hydro geological Report, Natural Environment Level 1 2 Report, Environmental Noise Feasibility Report, Cultural Heritage Report and a Geotechnical Investigation. He advised of the 45 -day public notification period and consultation period of a further 2 -3 weeks. There are no buildings proposed. Plans are in place to mitigate the noise factors. The same access and same equipment is being used as on the existing pit. The perimeters will be farmed and the rehabilitation is natural. Mr. Welch had concerns re the water table, as did Mr. Oliver. Mr. Bradshaw advised that there is no dewatering and the water table will not be affected. Mr. Oliver had concerns about the noise and the plans indicating a "possible" berm. The berm is usually dealt with under the licensing. MNR monitor the pit and compliance with the licensing. The depth of the pond will be 2 -3 meters to clay. Mr. Bradshaw is to discuss having a berm at the south end with Johnston Brothers and provide a letter to the municipality on the berm and how it will be maintained. SUBJECT: ADJOURNMENT RES. NO. 1 Moved by Bodnar Seconded by Aldred RESOLVED that the public meeting for Lot 5, Concession 2 be adjourned. DISPOSITION: Carried These minutes were adopted on this 24 day of March, 2011. MAYOR CLERK MINUTES OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN COURT OF REVISION WEST ELGIN COUNCIL CHAMBERS FEBRUARY 24, 2011 MEMBERS PRESENT: Chairman: Bernie Wiehle Members: Mary Bodnar, Dug Aldred, Richard Leathern, Norm Miller STAFF PRESENT: Joanne Groch Administrator/Treasurer Deputy Clerk SUBJECT: COURT OF REVISION NEWTENS DRAIN Also in attendance: Adam Sullo, Engineer, John Ungar, Drainage Superintendent, R. Lupsor, P. Lupsor, J. Tacij, Z. Sabo, R. Sabo, B. Schweitzer, Andy Kieraszewicz, A. Vandenbrink, P. Johnston. RES. NO. 1 Moved by Aldred Seconded by Bodnar RESOLVED that the Court of Revision for the Newtens Drain be convened. DISPOSITION: Carried The Deputy Clerk informed the Court that written appeals had been received from: Tim Blain total cost and repairs are very excessive Alan VandenbrinklMaria Wilson drain should be repaired reduce costs if work started on south side of Queens Line Peggy Johnston objects to her share of the cost Zoly and Rosemary Sabo cost of the drain is too expensive The Engineer addressed the appeals stating the costs are based on area and frontage. At the second meeting May 18 2010 the costs excluded pipe bedding but the increase in costs are due to pipe bedding. Everyone's assessment is up by 20 Mr. Blain went from $8,000 to $11,000. RES. NO. 2 Moved by Bodnar Seconded by Aldred RESOLVED that the Court of Revision agrees to hear the verbal appeal from Roger Paul Lupsor. DISPOSITION: Carried The Lupsors stated that their property at the bottom end is assessed too high. The Engineer said he can look at that. Discussion centred on the following points: Andy Kieraszewicz stated that there is 2 feet of water ponding at top end of drain Attempt to fix in 1993 doesn't drain now Blair Schweitzer his water gets away Top end of drain undersized Upper section cost $53,000 February 24111... Pg 2 of 2 hydraulically undersized and 10" is under road bed don't do the top end can save $20 $25,000 if all done together cost savings the 1965 section is at 1/3" capacity, this report will bring it up to 1.5" capacity why do we need the bedding type of soil there have been washouts advantage of plastic versus concrete longer sections, flexible, fewer joints, life cycle same Council discussed not proceeding with the report They would have to pick up the costs to date The Administrator advised that they have a petition from a ratepayer to proceed, there is an Engineer's Report indicating that work has to be done and there are liability issues if the report isn't proceeded with and water damage results. The Engineer stated that he couldn't recommend not replacing the drain. It does not meet today's standards. RES. NO. 3 Moved by Miller Seconl by Leatham RESOVVED that the Engineers Report be referred back to the Engineer for reconsideration as per Section 57 of the Drainage Act. DISPOSITION: Carried RES. NO. 4 Moved by Aldred Seconded by Bodnar RESOLVED that there being no further business, the Court of Revision on the Newtens Drain be adjourned. DISPOSITION: Carried These minutes were adopted on the 24 day of March, 2011. MAYOR CLERK '31 1-- ea[tky Communities What LS this initiative about? Health units from across the Province have been asked by the Ministry of Health Promotion and Sport to take the lead on the Healthy Communities Partnership. This project includes creating a committee /partnership that will work on creating healthy public policy locally. rr f f I What do we mean when we talk about a healthy community? We!!, research tells us that a community is healthy when: The physical supports (programs) and policies are in place to make the healthy choices also an easier choice. i t The built environment is conductive to healthy living. Some examples include: o access to healthy food options; o access to safe affordable housing; o preservation of natural surroundings and wildlife; o easily accessible services; o social gathering areas; o green spaces that are easily accessible by foot, bicycle, wheelchair or buggy; and o building of safe communities for the prevention of injury and violence o safe, compact and walkable communities; i r Specifically, within St. Thomas -Elgin there were priorities identified by community members, research, and local experts that include: o Availability of healthy foods and improving knowledge of food preparation o Sidewalk maintenance and availability policies o Supports for Active Transportation o Examine minimum set -backs for smoking near municipal facilities Who is involved in the initiative? Elgin -St Thomas Healthy Communities Partnership developed for this initiative includes representatives from the City of 5t. Thomas, County of Elgin, Doug Tarry Ltd, community members and the Town of Aylmer. The Partnership is also looking to establish a political advisory committee for this initiative. What is the role of the Political Advisory Committee? This committee will act in an advisory capacity It will be an additional method of capturing the community voice, priority and support for healthy public policy. What kind of time commitment would be required lf 1 decided to join the Partnership During this initial phase (December 2010- March2011) the committee will be meeting monthly in order to meet the Ministry requirements beyond March 2011 the number of meetings will be determined by the project(s) the Partnership takes on. However,there will likely be six meetings annually. What's in it for you and your organization? e Access to grant money e Make a difference to the health and well being of Elgin- St. Thomas residents e Chance to network e Access to resources and training opportunities How can you and your organization get involved? The Partnership is still looking for staff level members from the lower tier municipalities and members for the Political Advisory Committee. If you are interested in participating or hearing more please contact Erica Arnett at 519- 631 -3159 ext 247 or via email at earnett@elginhealth.on.ca ELGIN 57. THOMAS P■ 6LIC MC.ILTH 21 March, 2011 MEMORANDUM TO: Members of Council Municipality of West Elgin FROM: Ted Halwa RE: Community Improvement Plana Up -date #0217/20_10 The following status report is being provided to up -date Council on the progress being made on the initiatives set out in the Community Improvement Plan (CIP) for the town centres of Rodney and West Lorne. The CIP was adopted by Council under the provisions of the Planning Act on September 10 2009. There were no appeals and the Plan is deemed to be in effect. 1. Establishment of Joint BIA public meeting of March 15, 2011 status report on objections received(reter separate report prepared by Norma Bryant) options available and course of action 2. Streetscape Plans /Concepts proposed plans ready for presentation to Design Review Committee presentation to Council anticipated on 28 April 2011 3. Farmers' Market attempting to firm up on preferred site in Rodney core finalization of interim report of Task Force pending 4. Heritage Conservation District (HCD) Graham Road between Munroe Street and Main Street c Community Improvement Plan Municipality of West Elgin 21 March, 2011 page 2 (original signed by) /et to be initiated 5. Business Recruitment and Expansion Program -1st report of Task Force submitted further research and analysis required -need to reconvene Task Force 6. Facade Improvement Plan program yet to established requires municipal funding equipment logically follows implementation of Streetscape Plan 7. Rodney -West Lorne Trail -along former railway lands designed to strengthen connection between two town centres streetscape plans include focal /gathering points at both ends discussions with owner Orford Sand and Gravel -offer to purchase Municipality of Chatham -Kent 8. 2011 Budget -2010 allocation: $32,000 costs -to -date: Joint BIA $2500. Task Forces $7450 Streetscape Plans $20,000 HCD Plan 1050 Total $31,000 Ted L. Halwa, MCIP, RPP #0217/2010 -to ensure protection of existing heritage buildings -to ensure sympathetic design with respect to new buildings, exterior alterations and additions 21 March, 2011 MEMORANDUM #009911675 TO: Members of Council Municipality of West Elgin FROM: Ted Halwa RE: Port Glasgow Pier Extension and Reconstruction Project Up -date The following up -date is provided for Council's consideration and direction, as need be: 1. Phased Approach to facilitate project implementation Phase 1 —West Pier Extension and Breakwater Phase 2 —East Pier Re- alignment and Breakwater estimated cost —Phase I $1.5 M (excluding HST) clarification pending 2. Permits and Approvals Transport Canada received Oceans and Fisheries Canada (DFO) in process Ministry of Natural Resources awaiting DFO approval Lower Thames Conservation Authority received 3. Walpole Island First Nation (WIFN) additional consultation offered at urging of MOE letter forwarded on 11 March 2011 response pending 4. Funding contribution from PGYC $300,000 (previous commitment) c a Port Glasgow Pier Extensions Status Report Municipality of West Elgin 21 March, 2011 page 2 (original signed by) contribution from West Elgin to be determined Development Charges study in process local sources e.g. Seaside Waterfronts Development Inc., corporate donors Ports of Elgin County County tourism initiative Ontario South Coast Tourism Alliance Ted L. Halwa, MCIP, RPP #0099/1675 21 March, 2011 MEMORANDUM #030011675 TO: Members of Council Municipality of West Elgin FROM: Ted Halwa RE: New Zoning By-law Up -date With the approval of the new Official Plan for Wet Elgin, it is timely to return to the preparation of the new comprehensive Zoning By -law for West Elgin, Currently, the use of land and the erection of buildings and structures in West Elgin are governed by the following zoning by -laws as amended from time to time. i) Village of Rodney Zoning By -law NO. 89 -10 adopted 1989 11) Village of West Lorne Zoning By -law NO. 89 -20 adopted 1989 iii) Township of Aldborough Zoning By -law No. 90 -50 adopted 1990 A first complete draft of the by -law which would be both a consolidation and an up -date of the three above -noted zoning by -laws currently in effect was prepared during the period 2003 -2009 before work generally came to a close due to unresolved issues with the Official Plan with respect to the boundaries of settlement areas and polices governing development in areas designated `Rural Residential' and 'Lakeshore'. Costs incurred to date and invoiced amount to $27,500. A limited amount of work would appear to be required to up -date the draft by -law prior to it being ready for review by staff, revised as necessary and tabled with Council for its review and comments. Once Council is satisfied with the proposed by -law, the next logical steps would be to convene a public open house and public meeting. At least one statutory public meeting must be held with proper notice given in the manner prescribed by c New Zoning By law Status Report Municipality of West Elgin 21 March, 2011 page 2 (original signed by) Ted L. Halwa, MCIP, RPP #0300/1675 the Planning Act. Following input from landowners and the general public as well as from public agencies, the input received or submissions made would be considered by Council and directions given as to any iecessary or desirable changes. A budget in the amount of $25,000 would be our `best guest' to complete the final version of the draft by- law to the point of adoption by Council. The work is capable of being completed in the current calendar year. TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: Paul Van Vaerenbergh DATE: March 24, 2011 RE: AUTHORIZATION TO PROCEED TO TENDER INTRODUCTION: The Municipalities commitment to ongoing Dust Control, Re- gravelling, and Asphalt paving programs have been in place for a number of years now. Quantities for the programs are traditionally the same year after year.. The expected quantities for this year are approximately unchanged and early season tendering would be beneficial in obtaining good prices. DISCUSSION: Due to predicted increases in the near future, and the fact that council has supported these programs over the past years an early tender could possibly fetch a better price for the upcoming year. RECOMMENDATION: Since these programs have long been beneficial and well supported by this and past councils it is recommend that Council approves an Authorization to Proceed to Tender for these materials in order for us to take advantage of early season pricing and avoid expected increases. TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM; Mike Kalita DATE: March 24,2011 RE: Vehicle Replacement INTRODUCTION: The Water Department has two vehicles, which are getting up there in age and should be replaced. DISCUSSION: The first of the two vehicles is a 1999 Ford F- 150.It was purchased used from the Road Department in approx 2004.It now has just over 300 000km on it, and is really starting to show it. The body is starting to go on it, and the rear end feels as if it may fall out any day. There was $5000 spent on this truck on one occasion last year that probably could have served better if used elsewhere. Second is a 2002 Ford van with 150 000km on it. The body on it is rusting along the bottom panels, and there is a hole rotted through the wheel well. There has been an ongoing issue with the rear end in this van as well. If we were to fix everything on these two vehicles it would be a costly venture that may never pay off. RECOMMENDATION: Since repairing these older vehicles has been, and will continue to be costly It is recommended that the two older vehicles be replaced with one new utility truck. 0 it (0 TI .egt k i TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: NORMA BRYANT, CLERK DATE: MARCH 24, 2011 RE: CATTLE RUNNING AT LARGE INTRODUCTION: After receiving complaints from a number of ratepayers about cattle running at large, it is appropriate to revisit the need for a poundkeeper and pound for livestock purposes. BACKGROUND: In 2007 Council enacted a by -law requiring property owners to properly fence their land to prevent livestock from trespassing on other properties. Even though on one instance a contravention has been taken to court, no action has been taken regarding the required fence. Cattle are running at Large and another option needs to be considered; that of appointing a poundkeeper and designating a pound. DISCUSSION: Our solicitor has prepared an "Animal Care and Impoundment By -Law" (copy attached) to address the issue. Further, a by -law has been prepared to appoint a pound keeper and designate a pound (see attached). RECOMMENDATIONS: 1. That the "Animal Care and Impoundment By -Law" be adopted. 2. That the By -law "to appoint a poundkeeper and designate a pound" be adopted. •z=-'& Norma I. Bryant 22413 Hoskins Line, Box 490, Rodney, Ontario NOL 200 Tel: (519) 785 -0560 Fax: (519) 785 -0644 i'Ca-) DEFINITIONS 1. In this By -Law, THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN BY -LAW 201I- (ANIMAL CARE AND IMPOUND ENT BY -LAW) WHEREAS sections 9 to 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (hereinafter referred to as "Municipal Act confer the power to pass by -laws regulating or prohibiting animals to a lower tier municipality; AND WHEREAS section 103 of the Municipal Act confers the power upon a municipality to pass a by -law to provide for seizure and impounding of animals being at large or trespassing and the sale of impounded animals under certain conditions; AND WHEREAS section 391 of the Municipal Act enables a municipality to pass by- laws imposing fees or charges on any identifiable class of persons for services or activities provided to or done by or on behalf of the persons within such identifiable class; AND WHEREAS Council for The Corporation of the West Elgin deems it expedient to ensure that animals are kept and treated in a humane manner and that the owners of animals provide good quality care and security to those animals; NOW THEREFORE THE COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN ENACTS AS FOLLOWS: "animal" means any member of the animal kingdom, other than human, as defined in the Municipal Act; "animal enclosure" means an enclosed place for the keeping of animals, but the yard of a property where fencing has been erected on or along the property lines for the purposes of enclosing, in whole or in part, the yard itself, shall not be deemed to be an animal enclosure; "Animal Control Officer" means the person or company, or their employees, under contract with the Municipality to enforce the requirements of this By -Law, or an employee of the Municipality of West Elgin employed to administer and enforce the requirements of this By -Law; "at large" or "trespass" means an animal being at any place other than the premises of the owner of the animal and not under the control of the owner or a person acting on behalf of the owner; "Corporation" means The Corporation of the Municipality of West Elgin; "Council" means the Council of The Corporation of the Municip .ty of West Elgin; "impounded" shall mean seized, delivered, received, or taken into the pound or any other suitable location and facility, including any authorized vehicle operated by or under the direction of an officer for purposes of transporting of such animal pursuant to the authority provided by the provisions of this By -Law; "keep" means to have temporary or permanent control or possession of an animal; "Municipality" means the Municipality of West Elgin; "officer" is the Animal Control Officer or pound keeper designated by the Council, a Municipal By -Law Enforcement Officer designated by the said Council, and/or a Police Officer providing police services to the Municipality; "owner" means a person who keeps, harbours, or has custody of an animal, and, in the case of a minor, "owner" means the person responsible for the custody of the minor; provided that, if there is more than one owner of an animal, there are jointly and severally "owner "person" means an individual, partnership, association, firm, or corporation; "pound" means those premises permanently or temporarily designated by the Corporation for the detention, maintenance, or disposal of animals that have been impounded by an officer pursuant to the provisions of this By -Law and shall include any building or buildings and/or enclosures maintained on behalf of the Corporation by any person or organization as is duly authorized to do so for the purposes of carrying out the provisions of this By -Law and shall also include any premises privately owned by another person who has agreed to accept animals on behalf of the Corporation for purposes of temporary impoundment; "pound keeper" means the person or organization responsible for maintaining a pound utilized by the Corporation for the purpose of enforcing and carrying out the provisions of this By -Law; "sanitary condition" means a condition that does not result in an accumulation of fecal matter, odour, insect infestation, or rodent attractants which endanger the health, comfort, or convenience of any person or animals. ADMINISTRATION AND ENFORCEMENT 2. The Animal Control Officer shall be responsible for the administration of this By -Law and the said Animal Control Officer, a By -Law Enforcement Officer, and/or Police Officer providing police services to the Corporation shall be responsible for the enforcement of and may enforce this By -Law. KEEPING OF ANIMALS 3. Every owner of an animal shall treat the animal in a humane manner, including but not limited to the provision of: a) A shelter for the animal that is waterproof and that protects the animal from exposure to the elements; b) A shelter for the animal that is adequate for its size and breed; c) Adequate amounts of potable water for the animal; and d) Food of a type and in amounts nutritionally adequate for the animal. 4. No person shall keep an animal in an unsanitary condition. 5. Sections 3 and 4 and do not apply to: a) An animal hospital or clinic that is lawfully operated and supervised by a veterinarian licensed by the Ontario Veterinary Association; b) A pound or shelter lawfully operated by the Corporation or the Ontario Society For The Prevention of Cruelty to Animals (OSPCA); c) Any organization permitted by law to provide protection and humane treatment for animals; d) Any person rendering emergency treatment to an injured or abandoned animal; e) The Corporation or other governmental authority while lawfully operating a public park, exhibition, zoological garden, and the maintaining animals therein; f) Persons operating premises registered as research facilities under the Animals for Research Act, R. S.O. 1990, c. A -22, as amended, or the persons in charge, or the employees thereof, during the course of their duties. ANIMAL ENCLOSURES 6. Every owner of an anima] shall ensure that the animal enclosure provided for the animal meets the following requirements, regardless of whether the animal enclosure is located indoors or outdoors: a) The animal enclosure shall be of a size and in a condition such that the animal may: i) Extend its legs, wings, and body to the full natural extent; ii) Stand; iii) Sit; or iv) Perch. b) Every reptile, fish, and amphibian shall be provided with an enclosed space adequate for the needs of the species. c) The enclosure is of such a nature and condition that the animal contained therein would not be harmed and its health would not be negatively affected by reason of being placed in such an animal enclosure. d) Every animal contained therein may be readily observable unless the natural habits of the animal require otherwise. e) The animal enclosure is kept in a clean and sanitary condition. f) The animal enclosure is kept free of offensive odours. g) The animal enclosure is escape proof. 7. Compliance with the requirements under this section of this By -Law does not exempt any person from compliance with other applicable laws and by -laws, including but not limited to the Building Code Act, 1992, as amended, and the Municipal By -Law requiring the fencing of livestock. 8. Every owner shall allow any officer to carry out an inspection of the premises where an animal or animals of the owner are kept or to make inquiries deemed necessary for the purposes of ensuring compliance with this By -Law. ANIMALS AT LARGE 9. No owner shall cause or permit an animal to be at large. SEIZURE AND IMPOUNDMENT 10. Any animal found to be at large contrary to this By -Law may be seized by an officer. 11. An officer may take possession of an animal for the purpose of providing protective care to it at any time when the officer deems it necessary to provide protective care to the animal. 12. Any animal seized under this By -Law shall be impounded for a period of five (5) days, exclusive of the day in which the animal was impounded and any intervening statutory holidays and Sundays, unless: a) The animal is redeemed by the owner during this period of impoundment in accordance with the provisions of this By -Law; b) In the opinion of the officer, the animal should be euthanized or should receive veterinary care immediately. 13. The owner of an animal impounded pursuant to this By -Law may redeem the animal upon payment of the appropriate seizure and impoundment and maintenance fees and associated charges for the time of the impoundment, including original seizure, as set forth in Schedule "A" to this By -Law. 14. If an animal is not redeemed within the time period specified in this By -Law, the animal shall become the property of the Corporation and may be: a) Sold, privately, by auction, or by other commercially reasonable means; or b) Euthanized at the direction of the Animal Control Officer. 15. An Animal Control Officer, pound keeper, or By -Law Enforcement Officer, after consultation of and/or examination of such animal by a veterinarian, if available, may euthanizc an animal without delay without permitting any person to redeem it if: a) The animal seized and impounded under this By -Law is seriously injured or ill and should be euthanized without delay for humane reasons; b) Euthanasia of the animal seized and impounded under this By -Law as necessary for the safety of persons. 16. Where, in the opinion of the Animal Control Officer, pound keeper, or By -Law Enforcement Officer, an animal seized and impounded under this By -Law is injured and requires the services of a veterinarian or veterinary surgeon, the said Animal Control Officer, pound keeper, or By -Law Enforcement Officer shall arrange for such services and, in addition to any amount charged under this section of the By -Law and pursuant to Schedule "A" hereto, the Corporation is entitled to charge the owner of the animal the cost of the veterinary care invoiced to the Corporation at the direction of the Animal Control Officer. 17. In the event that any animal impounded pursuant to this By -Law and for which impoundment and maintenance charges and reimbursement of any veterinary services becomes chargeable to the owner, the Corporation may deem such charges as property taxes and thereafter add same to the tax roll accruing to any property of the owner located within the Municipality and thereafter collect those charges from the said owner in the same manner as property taxes. QUARANTINE OF ANIMALS 18. If, in the opinion of the local Health Unit or an officer, an animal shall be put in quarantine, the owner of the animal shall: a) Comply with the quarantine order of the Health Unit or officer; and b) Be responsible for the costs associated with the quarantine, including the costs of any veterinary care required for the animal and any other applicable fees. 19. In the event that the owner of the animal fails or refuses to pay the costs associated with the quarantine as set forth in s. 18 b) above, then the Corporation may arrange for such quarantine and, in addition to any amount charged under this section of the By -Law and pursuant to Schedule "A" hereto, the Corporation may deem such costs and charges as property taxes and thereafter add same to the tax roll accruing to any property of the owner located within the Municipality and thereafter collect those costs from the said owner in the same manner as property taxes. PAYMENT OF CHARGESII'OSTS 20. Every person responsible for the payment of any charges, costs, and expenses incurred under this By -Law shall make such payment in full upon demand by the Corporation. 21. The payment of any fees and charges as required under this By -Law does not constitute partial or full payment of any fines imposed by a Court of competent jurisdiction for an offence committed under this By -Law or any other By -Laws. OFFENCE 22. Every person who contravenes any provision of this By -Law is guilty of an offence and is liable to a fine and other penalties imposed pursuant to the Provincial Offences Act, 1990, c. P -33, as amended. VALIDITY 21 If a Court of competent jurisdiction declares any provision or provisions, or part thereof, of this By -Law as invalid, it is the intention of Council that the remainder of the By -Law shall continue to be in force. CONFLICT 24. In the event of conflict between the provisions and effect of this By -Law and any other By -Law of the Municipality, including but not limited to By -Law 2002 -15 as relating to the licensing and regulating of the keeping of dogs and prohibiting the running at large of dogs within the limits of the Municipality, the provisions and effect of such other By- Law shall prevail. EFFECTIVE DATE 25. This By -Law shall come into full force and effect on the day of its final passing thereof. SHORT TITLE 26. This By -Law shall be referred to as the "Animal Care and Impoundment By- Law READ A FIRST TIME this day of March, 2011. READ A SECOND TIME this day of March, 2011. READ A THIRD TIME and FINALLY PASSED in OPEN COUNCIL this day of March, 2011, MAYOR CLERK Charges 1. Seizure Fee 2. Impound/Maintenance /Quarantine Fees SCHEDULE "A" $150.00 per animal plus travel fees charged by seizing person or agency to a maximum of $1.00 per kilometer 10.00 per day per animal or as charged by third party supplier of pound/quarantine facilities, whichever is greater (exclusive of any associated veterinary charges/ expenses) 3. Administrative Fee 5 percent of all fees chargeable as set forth above. Note: In addition to fees and charges set forth above, any and all applicable taxes shall also be charged. THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN BY -LAW NO. 2011-.25 A BY -LAW TO APPOINT A POUNDKEEPER AND DESIGNATE A POUND. WHEREAS Section 11(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a lower -tier municipality may pass by -laws respecting matters within the spheres of jurisdiction including but not limited to animals; AND WHEREAS it is deemed desirable and expedient to appoint a poundkeeper and designate a pound; NOW THEREFORE the Council of the Corporation of the Municipality of West Elgin enacts as follows: 1) That the following person is hereby appointed poundkeeper: Earl Foster 2) That the following location be designated as a pound for the purposes of livestock: 434 Petrolia Line, RR7, Alvinston, Ontario NOL 1A0 3) Every person who contravenes any provision of this By -law is guilty of an offence and is liable to a fine and other penalties pursuant to the Provincial Offences Act, 1990, c.P.33, as amended. 4) This by -law shall come into force upon the final passing thereof. READ a FIRST and SECOND time this day of 2011. Read a THIRD time and finally passed this day of 2011. MAYOR CLERK INTRODUCTION: D gai) Thie of .eof lagin TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: NORMA BRYANT, CLERK DATE: MARCH 24, 2011 RE: CLEANING CLEARING OF LAND BY -LAW Council requested a review of the Cleaning Clearing of Land By -law and procedure used. BACKGROUND: By -law No. 2004 -68 enacted the Cleaning Clearing of Land By -law on September 23, 2004. The purpose of this by -law was to separate the property issues that relate to the outside of the buildings from those related to the buildings themselves. By -law 99 -09 provides a "Property Standards By -law" that relates to building and structural issues. Under By -law 99 -09 the owner may request a hearing before the Property Standards Committee. This does not apply to By -law No. 2004 -68. DISCUSSION: By -law No. 2004 -68 is attached for your reference. The By -law Enforcement Officer and myself have reviewed the by -law and are not recommending any changes. I have contacted Dutton /Dunwich and Southwest Middlesex regarding their by -law and found that their by -laws are essentially the same as ours. Procedures: Presently, the municipality acts on written complaints only. This is the same procedure as other municipalities. The advantage of written complaints is facts and location is given which assists the By -law Enforcement Officer in the investigation. The Clerk keeps these forms confidential and the ratepayer is so advised. There has been an issue with recurring complaints on the same property. This has been both frustrating for staff as well as the neighbours. We are recommending that after review of the by -law that the municipality request authorization for set fines. The procedure would be amended to fine the property owner on the second complaint in the last five -year period for the same owner. First complaint would be issued an order, This could be implemented for grass 22413 Hoskins Line, Box 490, Rodney, Ontario NOL 2C0 Tel: (519) 785 -0560 Fax: (519) 785 -0644 Page 2 of 2 complaints as well and on the third complaint the municipality would hire a contactor to cut the grass. The following is a summary of the procedures used: 1. Written complaint received by Clerk 2. Copy forwarded to By -law Enforcement Officer for investigation. 3. By -law Enforcement Officer inspects the property photographs are taken, report completed 4. The By -law Enforcement Officer will discuss the complaint with the owner. 5. If no action taken in the timeline discussed an order issued (does not apply to grass), sent by registered mail. Two weeks notice for grass, one month for everything else. 6. Second inspection on date specified in #5. Municipal staff have always tried to work with the property owners and have given extensions if some progress is being made. The alternative is for the municipality to rectify the situation immediately. When it comes to the point, that the municipality must take action, Council is advised. Quotes for clean -up are received and final written notice provided to the property owner. Public Notice Since the original by -law was passed in 2004, it may be appropriate to place an ad in the paper explaining the by -law after set fines have been established. Contract The agreement with Commissionaires was entered into on April 1, 2008. There is an option to extend for year 4 and 5 at the previous year's rate plus CPI or 2% (which ever is greater). The previous rate is $14.55 per hour, $21.83 overtime rate and $36.38 statutory holiday rate. Mileage is at 0.495 per km and $20.00 per month for cell phone. We have primarily used Commissionaires staff for Cleaning Clearing of Land By -law infractions. RECOMMENDATIONS: 1. That set fines be implemented for By -law No. 2004 -68. 2. That complaints on recurring properties be issued a set fine for the second occurrence and thereafter. 3. That in the case of grass complaints, on the third occurrence the municipality will contract for the grass to be cut. 4. That the option in the contract with Commissionaires be authorized for year 4 and 5. Norma 1. Bryant MUNICIPALITY OF WEST ELGIN BY -LAW No. 2004 -68 CLEANING CLEARING OF LAND BY LAW being a By -law for requiring and regulating, in the Municipality of West Elgin: the cleaning and clearing of land; the clearing of refuse or debris from lands; prohibiting the depositing of refuse or debris on land. WHEREAS under Section 127 of the Municipal Act S.O., 2001 as amended, a local municipality may: i) require the owner or occupant of land to clean and clear the land, not including buildings, or to clear refuse or debris from the land, not including buildings; regulate when and how matters required under clause i) shall be done; iii) prohibit the depositing of refuse or debris on Land without the consent of the owner or occupant of the land; and iv) define "refuse" for the purpose of this section. AND WHEREAS under Section 130 of the Municipal Act 5.0., 2001 as amended, a municipality may regulate matters not specifically provided for by this Act or any other Act for purposes related to the health, safety and well -being of the inhabitants of the municipality; AND WHEREAS zoning by -laws are in effect in the Municipality of West Elgin applying to lands formerly in the Township of Aldborough, the Village of West Lorne and the Village of Rodney to regulate the use of land and the erection, location and use of buildings and structures; NOW THEREFORE the Council of the Corporation of the Municipality of West Elgin enacts as follows: ii 1. Short Title This By law may be cited as the Cleaning and Clearing of Land By -law. 2. Definitions 2,1 Built -Up Area, shall mean: the former Village of Rodney and adjacent lands as shown on Scheduie "A" to this By -law; Municipality of West Elgin Cleaning Clearing of Land By -law page 1 the former Village of West Lorne and adjacent lands as shown on Schedule "B" to this By -law; ill) lands zoned Hamlet Residentiai (HR), Lakeshore Residential (LR), Rural Residential One (RR1) and Rural Residential Two (RR2) in the former Township of Aldborough Zoning By -law No. 90 -50, as amended from time to time. 2.2 By -law Enforcement Officer, shall mean the person appointed, by by -law, by the Municipality for the purposes of administering and enforcing the provisions of this By -law. 2.3 Cleared, shall mean the removal of weeds or grass more than 20 centimetres in height and the removal of stockpiles of soil or other earthen material not required for lawn or garden related purposes or to complete the grading of the lot on which the stockpile is located. 2.4 Domestic Refuse, shall mean any article, thing, matter or effluent belonging to, or associated with a place of residence that appears to be waste material, and includes, but is not limited to: i) grass clippings, tree cuttings, brush, leaves and garden refuse; ii) paper, cardboard packaging and wrapping; iii) kitchen and table waste, of animal or vegetable origin resulting from the preparation or consumption of foods; iv) cans, glass, plastic containers, dishes; v) new or used material resulting from or for the purpose of construction, alteration, repair or demolition of any building or structure; vi) refrigerators, stoves, dishwashers, freezers or other appliances and furniture; vii) bathroom fixtures and plumbing parts and materials; viii) furnaces, furnace parts, pipes, fittings to pipes, water or fuel tanks; ix) derelict or abandoned motor vehicles; motor vehicle parts and accessories; x) tires; x) derelict machinery and equipment; xi) rubble and inert fill; xii) sewage. 2.5 Excavation, shall mean any man -made opening or depression in the ground, but shall not include a pit licensed under the Aggregate Resources Act, an abandoned pit, a farm or irrigation pond, a fish pond or a water garden. 2,6 Farm or Irrigation Pond, shall mean a body of water situated outdoors, contained by natural or artificial means and designed, used, or intended for Municipality of West Elgin Cleaning Clearing of Land By -law page 2 agricultural purposes including irrigation and watering for livestock but not for recreational purposes. 2.7 Fence, shall mean a wall (other than the wall of a building), gate or other barrier constructed of wood, masonry, metal, vinyl, plastic or other manufactured material, or combination thereof, which is continuous throughout its entire length where required, save and except where access areas and lines of sight are required for safety purposes. 2.8 industrial Refuse, shall mean any article, thing, matter or effluent belonging to, or associated with, industry or commerce or concerning or relating to any manufacturing process or concerning or relating to any trade, business, calling or occupation that appears to be waste material and includes, but is not limited to: i) pipes, tubes, conduits, cable, fittings or adjuncts thereof; ii) containers or any size, type or composition; iii) rubble and inert fill; iv) derelict or abandoned motor vehicles, motor vehicle parts and accessories v) tires; vi) derelict machinery and equipment v) articles, things, matter, effluent which is whole or in part or fragments thereof are derived from or are constituted from or consist of agricultural, animal, vegetable, papers, lumber or wood products; or mineral, metal or chemical products whether or not the products are manufactured or otherwise processed; vi) bones, feathers, furs, hides; vii) paper, cardboard packaging and wrapping; viii) material resulting from, or as part of, construction or demolition; ix) sewage. 2.9 Land, shall mean grounds, property, yards, or vacant lots or any part of a lot which is not beneath a building. 2.10 Landscaped Open Space, shall mean the area of a lot which is used for the growth and maintenance of grass, flowers, shrubbery and other landscaping materials, both natural and artificial, and includes any surfaced walk, patio, or similar area, but does not include any access driveway or ramp, parking lot, deck or any space beneath or within any building or structure. 2.11 Motor Vehicle, shall mean an automobile, motorcycle, motor assisted bicycle and any other vehicle propelled or driven other than by muscular power. 2.12 Motor Vehicle, Derelict or Abandoned, shall mean a motor vehicle that is in a state of advanced disrepair having missing or damaged parts or deteriorated body conditions which renders it inoperative and may include a motor vehicle that has been evidently abandoned by its owner and left in a place or state of Municipality of West Elgin Cleaning Clearing of Land By -law page 3 apparent disuse or disinterest by the owner regardless of whether it is either operable or inoperable or licensed or unlicensed for operation 2.13 Motor Vehicle, Restorable, shall mean a motor vehicle of such an age, or other unique quality or category, that the owner thereof can demonstrate and has demonstrated a credible intention to restore same to its original or comparable condition and, further thereto, the said motor vehicle is being stored in a manner in keeping with the said intention to restore same. 2.14 Municipality, shall mean the Corporation of the Municipality of West Elgin. 2.15 Owner, shalt mean the person or legal entity who or which holds legal title to land. 2.16 Rubble shall mean broken concrete, bricks, broken asphalt, patio or sidewalk slabs or combination thereof. 2.17 Sewage, shall mean any waste containing animal, human, vegetable or mineral matter, waste that is in suspension whether domestic or industrial or any other waste whether in suspension or precipitated, but does not include roof water or stormwater run -off. 2.18 Sight Triangle, shall mean the triangular space formed by the street lines of a corner lot where such lot is located at the intersection of two or more streets and a line drawn from a point in one street line to a point in the other street line, each such point being six (6.0) metres from the point of intersection of the street lines measured along the said street lines, and where the two street lines do not intersect at a point, the point of intersection of the street lines shall be deemed to be the intersection of the projected tangents of the street lines drawn through the extremities of the interior lot lines. 2.19 Yard shall mean the land around and appurtenant to the whole or any part of a building and used or intended to be used, or capable of being used in connection with that building and notwithstanding the foregoing, shall mean and as defined herein. 3. Prohibited Matters 3.1 No owner shall, unless otherwise exempted by this By -law, fail to clear land of domestic refuse and or industrial refuse. 3.2 No owner shall, unless otherwise exempted by this By -law, fail to enclose an excavation in accordance with Section 4. 3.3 No owner shall, unless otherwise exempted by this By -law, fail to drain an accumulation of water exceeding 30 centimetres in depth. Municipality of West Elgin Cleaning Clearing of Land By -law page 4 3.4 No person shall, unless otherwise exempted by this By -law, deposit domestic waste or industrial waste on land without consent of the owner. 4. Ponds and Excavations 4.1 Every owner shall fill in any excavation to adjacent grade with non contaminated fill unless: i) the excavation is enclosed completely by a fence having a minimum height of one and one -half (1.5) metres, and; ii) construction is proceeding for which a valid building permit has been issued. 4.2 Every owner shall drain land of accumulations of water that exceed 30 centimetres in depth unless the water: 1) is completely enclosed by a barrier of at least 1.0 metres in height; or ii) constitutes a storm water management pond approved by the Municipality; or iii) constitutes a natural body of water or results from the periodic flooding of a natural watercourse; or iv) constitutes a farm pond or irrigation pond; or v) constitutes a water garden or fish pond; or vi) constitutes a private drain or a municipal drain; or vii) constitutes a lawfully maintained swimming pool. 5. Drainage 5.1 Stormwater runoff from any downspout or any impervious surface shall be directed away from neighbouring lands. Lands shall be graded and maintained to prevent ponding or the entry of water into a basement or cellar. 5.2 Ditcf 2s, private drains, swales and watercourses shall be maintained to facilitate the unimpeded flow of water and prevent ponding. 5.3 No stormwater or roof water shall be discharged onto a sidewalk, walkway, steps, porch or other pedestrian access which may be hazardous or result in a potential safety risk. 5.4 No weeping tile, foundation drain, roof drain, or land drain shall be connected or discharged into any sanitary sewage system or public storm drainage system. Municipality of West Elgin Cleaning Clearing of Land By -law page 5 6. Waste On Land 6 1 Every owner shall keep his land cleaned, cleared and free from domestic refuse and industrial refuse unless: i) the land is zoned for the purposes of outdoor storage of domestic refuse and industrial refuse; or ii) the land is owned, licensed and used by the Municipality or the County of Elgin for the purposes of dumping or disposing domestic refuse and/or industrial refuse. 6.2 Notwithstanding Section 6.1 to the contrary, lands may be used for the sale and display of household goods, furnishings, apparel and similar articles provided such sale and display is limited to not more than three days in any calendar year with the exception of home made articles, crafts, things or goods made by those residing on the premises provided the sale and display does not exceed 35% of the front yard or exterior side yard. 6.3 Leaves, twigs, branches, grass clippings, plants and other biodegradable matter may be composted on land provided such composting is confined to a rear yard, is situated at least one (1.0) metre from a property line and is undertaken a manner which prevents any noxious odour emitting therefrom or is otherwise disposed of in accordance with the standards and regulations of the Municipality. 7. Derelict or Abandoned Motor Vehicles and Similar Items 7.1 Lands shall be kept free and clear of derelict or abandoned motor vehicles, railway cars, trailers, boats and street car bodies unless such land: i) is licensed as a salvage yard by the Municipality; or ii) constitutes a waste disposal site for which a Certificate of Approval or a provisional Certificate of Approval has been issued under the Environmental Protection Act; or iii) constitutes a permitted use and is in conformity with the Zoning By -law, or otherwise constitutes a legal non conforming use under the Planning Act. 7.2 Lands shall be kept free and clear of disused or in- operative farm equipment and machinery unless such land is zoned Agricultural (A1) or Special Agricultural (A2) in the Township of Aldborough Zoning By -law No. 90 -50, as amended, and unless such equipment and machinery is maintained in a neat and tidy fashion and confined to an area not exceeding 100 square metres in an Al zone and to Municipality of West Elgin Cleaning Clearing of Land By -law page 6 an area not exceeding 50 square metres in an A2 zone and situated in a rear yard. 8. Built -Up Areas In addition to all other requirements of this By -law, the following regulations shall apply to built -up areas as defined or as otherwise shown on Schedule "A" and Schedule "B" to this By -law. 8.1 Weeds and grass shall not be permitted to grow or stand greater than 20 centimetres in height. 8.2 Hedges and trees adjacent to a public sidewalk or road shall be cut and trimmed so as to permit safe and unhindered passage. 8.3 Yards shall be kept free from undergrowth or underbrush, and from dead, decayed or damaged trees, and branches and limbs which may create an unkempt or unsafe condition, including a potential fire hazard, or harbour pests or vermin. 8.4 Yards shall be maintained as landscaped open space except where otherwise occupied by buildings and structures, driveways, fences, and /or patios or decks. 8.5 Within a sight triangle, no shrubs or foliage shall be planted or maintained and no fence, other than a chain link or similar type fence, shall be erected or maintained between a height of 0.6 metres and 3.0 metres above the centreline grade of the intersecting streets. 8.6 All sidewalks, driveways, parking areas and loading areas shall be maintained in good condition, so as to afford safe passage under normal use and weather conditions. 8.7 All fences shall be maintained in a safe and structurally sound condition and reasonably plumb unless specifically designed to be other than vertical. Wood fences shall be protected by preservative, paint or other weather resistant material unless cullstructed from pressure treated lumber. 8.8 All lands shall be kept free of rodents, vermin, termites and other injurious insects and pests. 8.9 A maximum of one (1) restorable motor vehicle may be parked in a driveway in a built -up area. Municipality of West Elgin Cleaning Clearing of Land By -law page 7 9. inspections and Notice 9:1 10. Default The By -law Enforcement Officer may enter onto land and/or inspect any land for the purpose of determining whether the land complies with the provisions of this By -law. 9.2 The By -law Enforcement Officer may, by prepaid first class mail send to an owner, require the owner, within the time specified by the notice, take such actions that may be necessary to bring such lands into compliance with the terms, conditions and requirements of this By -law. Every notice given by the By- law Enforcement Officer shall identify the land and describe the conditions which contravene the provisions of this By -law. 9.3 Every notice given by the By -law Enforcement Officer to an owner shall be sent, by registered mail, to the address shown an the last revised assessment roll or to the last known address. 9 4 The By -law Enforcement Officer may, upon such further notice as he deems appropriate, undertake such measures or actions as may be necessary to ensure compliance with the By -law at the expense of the owner of the lands affected and where the expenses incurred by the Municipality are not paid within a reasonable period of time, the Municipality may recover same in like manner as taxes in accordance with the provisions of the Municipal Act. 101 Where the owner is in default of doing a matter or thing required to be done under this By -law, the By -law Enforcement Officer may, upon such notice as the By -law Enforcement Officer deems suitable, take such actions and complete such works as may be necessary to remedy the owner's default and bring the land into compliance with the terms, conditions and requirements of this By -law. 10.2 Where any of the matters or things so removed are removed in accordance with Section 10.1, the matters or things may be immediately disposed of by the Municipality. 10.3 The Municipality shall ,cover all expenses incurred in an undertaking any removal referred to in Section 10.1 herein by action in a court of competent jurisdiction or, otherwise in like means as municipal taxes. 11. Offence 11.1 Every person who contravenes any provision of this By -law is guilty of an offence and liable upon conviction to a penalty under the Provincial Offences Act. Municipality of West Elgin Cleaning Clearing of Land By -law page 8 11.2 Upon conviction, the court in which the conviction has been entered and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted and such order shall be in addition to any other penalty imposed on the person convicted. 12. Gender 12.1 All references to the masculine gender shall, where appropriate include references to the feminine gender and elf references to the singular shall. where appropriate, include references to the plural. 13. Severabilitv 13.1 If any section or sections of this By -law or parts thereof be found by any court to be illegal or beyond the power of the Municipality to enact, such section or sections or parts thereof shall be deemed to be severable and all other sections or parts of this By -law shall be deemed to be separate and independent and continue in full force and effect unless and until similarly found and this By -law shall be enacted as such. 14. Effective Date 14.1 This By -law shah come into force on the date of passing thereof. READ A FIRST AND SECOND TIME ON THIS 23` DAY OF SEPTEMBER, 2004. READ A THIRD TIME AND FINALLY PASSED ON THIS 23 DAY OF SEPTEMBER, 2004, Municipality of West Elgin Cleaning Clearing of !.and By -law page 9 CLERK DOWILE LINE z an 1 ma Er -NI •m Mr. MIN tej This is Schedule "A" to passed th o73"' Village of RODNEY and Adjacent Lands 4 \1°. °4194 2004. 9 Mayor Clerk 4j leo H. Municipality of WEST ELGIN SCHEDULE "A" Village of WEST LORNE and Adjacent Lands rm. Municipality of WEST ELGIN SCHEDULE "B" This is Schedule "B" to By -law No -ooW -b F passed this a3' lay of 5 g/06- 2004. a rc )j' ciE rK (by'or !ti^Qyor efefk 41 TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: NORMA BRYANT, CLERK DATE: MARCH 24, 2011 RE: PROPOSED ESTABLISHMENT OF A BIA INTRODUCTION: In accordance with legislation, notices were mailed on January 20, 2011 to each property owner in the proposed area for the Business Improvement Area. They were advised that written objections must be received within 60 days of mailing of the notice; being March 21 A public meeting was held on February 17 th DISCUSSION: Council shall not pass the proposed by -law if: a) objections are signed by at least one -third of the business property/tenants b) the objectors are responsible for at Ieast one -third of the taxes levied. To date (March 18), the following number of objections to the proposed by -law have been received: by village %of village ass %total %total ass. Rodney 36.1 35.8 West Lorne 24.5 36.2 Total 33.7 36.0 RECOMMENDATION: Council direction requested. Norma 1. Bryant }4irnirpa1itg af ELin 22413 Hoskins Line, Box 490, Rodney, Ontario NOL 200 Tef: (519) 785 -0560 l=ax: (519) 785 -0644 Ref 84718 -08 Annual repd. doc DRAFT 2010 ANNUAL SITE MONITORING AND OPERATIONS REPORT WEST ELGIN LANDFILL SITE MUNICIPALITY OF WEST ELGIN RODNEY, ONTARIO Prepared for: Municipality of West Elgin THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN 22413 Hoskins Line, Box 490 Rodney, ON NOL 2C0 Prepared by: WESA A Better Environment For Business WESA Inc. 171 Victoria Street North Kitchener, ON N2H 5C5 March 2011 Project No. W- B4718 -08 2010 Annual Site Monitoring and Operations Report DRAFT West Elgin Landfill Site TABLE OF CONTENTS 1. INTRODUCTION 1 1.1 LIMITING CONDITIONS 1 1.2 BACKGROUND AND SITE UP -DATE 1 1.3 SITE SENSITIVITY AND COMPARISON CRITERIA 4 2. 2010 ENVIRONMENTAL MONTORING PROGRAM 4 2.1 METHODOLOGY 4 2.1.1 Groundwater Monitoring Program 4 2.1.2 Methane Vapour Monitoring 5 2.2 RESULTS AND DISCUSSION 5 2.2.1 Site Geology 5 2.2.2 Hydrogeology 6 2.2.3 Methane Vapour Concentrations 8 2.2.4 Groundwater Quality 8 2.2.4.1 Background Groundwater Chemistry and Reasonable Use Calculations 9 2.2.4.2 Leachate Indicator Parameters 9 2.2.5 Site Groundwater Quality 11 2.3 ASSESSMENT OF POTENTIAL LEACHATE IMPACTS ON WETLAND 14 2.3.1 Quality Assessment and Quality Control (QA /QC) 15 2.3.1.1 Summary 15 3. ANNUAL OPERATIONS REPORT 16 3.1 HISTORICAL SITE OPERATIONS 16 3.2 EXISTING CONDITIONS 17 3.3 WASTE DISPOSAL 18 3.4 FINAL CONTOURS AND SITE CAPACITY 20 3.5 2010 SITE OPERATIONS 20 3.6 CHANGES TO OPERATIONAL PROCEDURES AND INFRASTRUCTURE 21 4. RECOMMENDATIONS 21 4.1 ANNUAL SITE MONITORING AND REPORTING 22 4.2 ANNUAL OPERATIONS REPORT 22 5. CONTAMINANT ATTENUATION ZONE 23 6. REFERENCES 26 WESA i N::',tf 1'rcina��3i nI f�3r 9!c r Page i 2010 Annual Site Monitoring and Operations Report DRAFT West Elgin Landfill Site Table 1: Table 2: Table 3: Table 4: Figure 1: Figure 2: Figure 3: Figure 4: Figure 5: Figure 6: Figure 7: Figure 8: Figure 9: Figure 10: Figure 11: Figure 12: Figure 13: Appendix A: Appendix 13: Appendix C: Appendix D: Appendix E: Appendix F: WESA tkser 1i:141330W 3 For llavae. LIST OF TABLES Groundwater Elevation Data Methane Vapour Data Groundwater Geochemistry Data General and Elemental Metals Scan Groundwater Geochemistry Data Volatile Organic Compound Data LIST OF FIGURES Site Location Map Site Plan with Air Photo Site Plan Location of Cross Sections Cross Section A -A' Cross Section B -B' Groundwater Elevations and Flow Directions May 2010 Groundwater Elevations and Flow Directions November 2010 Groundwater Chemistry May 2010 Groundwater Chemistry November 2010 Final Contours Revised Landfill Layout Extent of Contaminant Attenuation Zone (CAZ) LIST OF APPENDICES (Not included in Draft Report) Certificate of Approval Borehole Logs Monitoring Well UTM Coordinates Time Series Plots for Monitoring Wells Laboratory Reports of Groundwater Chemical Analyses Landfill Inspection Forms Page ii 2010 Annual Site Monitoring and Operations Report DRAFT West Elgin Landfill Site 1. INTRODUCTION WESA Inc. (WESA) was retained by The Corporation of the Municipality of West Elgin (Municipality of West Elgin) to complete the 2010 annual site monitoring and operations for the West Elgin Landfill site (the site) located near Rodney, Ontario (Figure 1). The monitoring program consisted of semi annual (Spring and Fall) monitoring of the site groundwater quality. It should be noted that "the site" is defined as the study area as a whole (as noted in Figure 2) and incorporates both on -site (property currently owned by the Municipality of West Elgin) and off site components. The Municipality of West Elgin currently operates the West Elgin Landfill site under the Ministry of the Environment (MOE) Amended Provisional Certificate of Approval (C of A) for Waste Disposal Site No. A051101 dated December 21ST, 2005 (MOE, 2005) and provided in Appendix A of this report. This annual report summarizes the results of the 2010 environmental monitoring program and site operations. 1.1 LIMITING CONDITIONS The conclusions presented in this report represent our professional opinion, in light of the terms of reference, scope of work and any limiting conditions noted herein. All work is limited to the areas identified in the report. WESA cannot make any conclusions beyond these limits. The information and opinions expressed in this report is prepared for the sole benefit of Municipality of West Elgin and the Ontario Ministry of the Environment. No other party may use or rely upon this report or any portion thereof without the express written consent of WESA. 1.2 BACKGROUND AND SITE UP DATE WESA was retained by the Municipality of West Elgin in 2006 to prepare an environmental monitoring and design and operational plans for the site (WESA, 2006). The work components were completed to fulfill the requirements of the site C of A. In response to recommendations provided by WESA in the Hydrogeological investigation and Design and Operations Report (WESA, 2006) and to the MOE in their comments on the report (MOE, 2007a and b), WESA was retained by the Municipality of West Elgin to complete a subsurface investigation and leachate delineation study for the site (WESA, 2007b). WESA 5 &Elef! Ii r evtcs� 1�3r ll;os�,u.c Page 1 2010 Annual Site Monitoring and Operations Report DRAFT West Elgin Landfill Site The subsurface investigation and leachate delineation study allowed for delineation of leachate impacts down- gradient of the landfill (off site). The study concluded that impacts to groundwater were identified beyond the property boundaries (off -site) and therefore the site was out of compliance with the Reasonable Use Guideline (RUL) (B -7) (MOEE, 1994) and the need for the establishment of a Contaminant Attenuation Zone (CAZ). Details pertaining to the CAZ and additional information are provided in Section 5 of this report. The following actions have been taken by the Municipality of West Elgin, to date, to establish the recommended CAZ to the south (50 m): In the spring of 2009 the municipality hired Contract Land Services to negotiate with Mr. Crane, the property owner to the south. The purpose was to purchase his property to fulfill the requirements of the CAZ as recommended by WESA (WESA, 2007). From April to June, 2009 Contract Land Services negotiated with Mr. Crane. Mr. Crane did not accept any offer presented to him during the negotiations. Mr. Crane proposed a purchase price and conditions. On June 19th, 2009 a proposal from Mr. Crane was presented to Council. Council did not accept this offer. No further action was taken at that time. Donald Prendergast, acting on behalf of Mr. Crane, wrote the municipality on August 10th, 2010 attaching two real estate opinions on the value of the land. No action was directed. September 29th, 2010 Mr. Prendergast again wrote the municipality requesting a response to his correspondence. October 21rt, 2010 correspondence was sent to Mr. Prendergast advising that Council agreed that the municipality was not going to purchase the subjects lands at the quoted price. Upon request from the MOE, the actions and time lines detailed above were communicated to the MOE in a letter from the Municipality on November 12th, 2010. No response has been received at this time. On January 14th, 2011 a subsequent letter was received by the Municipality of West Elgin from Donald Prendergast, acting on behalf of Mr. Crane requesting further action on the issue. The letter details Mr. Crane's request to have the Municipality undertake an environmental cleanup at the Municipalities' expense and restore his property to a marketable state or purchase the contaminated lands at market value. WESA 1 Rcaer I'�;,hotn�i. n Prr Page 2 2010 Annual Site Monitoring and Operations Report DRAFT West Elgin Landfill Site Actions to establish the recommended CAZ to the southeast (30 m) have been limited to initial conversations with the property owner. WESA provided additional information to the MOE pertaining to the need for a CAZ to the southeast. The information was provided to the MOE in a letter addressed to Ms. Sybil Kyba dated November 6th, 2009 (WESA, 2009c). A response was provided by the MOE pertaining to this issue in an e-mail from Mr. John McGlynn on March 18th, 2010. The response noted that the most down gradient well (MW11) within the proposed 30 m CAZ to the east of the site, will exceed the RUL; thus, the site would still be out of compliance with RUL guidelines east or the landfill. To determine compliance to the southeast, an additional monitoring well was installed down gradient of MW11 (Figure 2). The down gradient well (MW15) was installed as a drive -point piezometer within a Provincially Significant Wetland (PSW). It should be noted that there is a notable topographic relief between the location of MW1I and MW15. Direction to install MW15 within the PSW was provided by the MOE (WESA, 2010a). Analytical data from MW15 was used to determine the extent of the leachate impacts down gradient of the landfill in a southeasterly direction. Through the monitoring of the site over time (semi annually since 2006) it has been noted that due to mounding effects there is the potential for a small component of groundwater flow to be directed towards MW1 (Figure 3). Background water quality on -site has historically been evaluated on the conditions at MW1. It was therefore determined that MW1 may not be fully representative of background conditions for the site (WESA, 2009c). Waste has continued to be placed closer to MW1 which may account for the presence of indicator parameters. A new background well (MW14) was installed at the site in May 2010 (Figure 2). The new well was installed in response to MOE comments stating that historic background well (MW1) is not removed from the effects of the landfill and is therefore not suitable as a background well. RULs have been calculated for the landfill site using analytical data from data collected at MW14 in 2010. In addition, the landfill site was re- surveyed in spring 2010. The survey data allowed for an up- date to the extent of the landfill foot print including length, width and height which resulted in a re- assessment of the landfill capacity and estimated life span. The survey data was subsequently used to up -date the site plan, site cross sections, final contours and the generations of several new figures for the site (volumetric surfaces and existing contour plan). It should be noted that all reference elevations for the site, including borehole elevations, monitoring well elevations and cross sections have been updated based on the spring 2010 landfill re- survey. WESA PK Su, r I ^r for 14nv�x.. Page 3 2010 Annual Site Monitoring and Operations Report DRAFT West Elgin Landfill Site 1.3 SITE SENSITIVITY AND COMPARISON CRITERIA The MOE Reasonable Use Limits (RUL) Guideline B7 (MOEE, 1994) was established by the MOE to determine the reasonable use of groundwater on properties adjacent to sources of contaminants (such as a waste disposal site). The guideline allows the determination of acceptable levels of various contaminants that may potentially migrate from a waste disposal site. The limits are calculated considering the natural background quality of groundwater existing and potential reasonable uses of groundwater in the area. The RULs were calculated using data collected up to, and including, the 2010 results for the site groundwater and Ontario Drinking Water Standard, Objectives and Guidelines (ODWS) (MOE, 2006) and will be used to assess the landfill impacts at this site. New RULs for the landfill were calculated in 2010 using groundwater chemistry results from MW14, the new background well at the landfill site. MW14 was installed northwest of MW1 (historical background location) alongside the landfill access road. The previous RULs were calculated using analytical results from MW1. Background water quality will continue to be monitored and RULs will be updated as additional analytical data is obtained from future monitoring events. Analytical results are compared to RUL and /or ODWS and /or background conditions where no RUL has been established. 2. 2010 ENVIRONMENTAL MONTORING PROGRAM The methods and results of the 2010 environmental monitoring program (Spring and Fall) are presented below. 2.1 METHODOLOGY 2.1.1 Groundwater Monitoring Program The groundwater monitoring programs were conducted on May 19th (Spring) and November 9th (Fall), 2010. Water levels were obtained from each monitoring well to calculate groundwater elevations and flow directions. Locations of the monitoring wells are detailed in Figure 2. All borehole logs monitoring well construction logs are provided in Appendix B. A GPS survey was conducted in 2010 and data used to calculate groundwater elevations and flow direction. The elevations and UTM coordinates for all monitoring wells are included in Appendix C. WESA 1 6k�rcr llnuon;ucn fur El�uar.< Page 4 2010 Annual Site Monitoring and Operations Report DRAFT West Elgin Landfill Site Samples collected were analysed for a series of inorganic parameters (including metals and chloride) and volatile organic compounds (VOCs). The list of parameters includes, but is not limited to, the leachate indicator parameters previously established (WESA, 2006) and also dissolved organic carbon (DOC) as requested by the MOE in their letter dated December 3rd 2008 (MOE, 2008). All parameters were analyzed to confirm the appropriate indicators. All monitoring wells were developed prior to sampling by purging a minimum of three well volumes or until the well was dry three times. The wells were then sampled using dedicated Waterra inertial lift foot valves and polyethylene tubing. Clean, disposable nitrlle gloves were worn when sampling. Inorganic parameter and metal samples were collected in sealed, laboratory provided bottles. Depending on the parameters analyzed, the appropriate preservative was placed in the bottle by the lab. Care was taken in the field to limit cross contamination of preservative and loss of preservative during sampling. In addition, metal samples were field filtered using a 0.45 µm filter. VOC samples were collected in three, 40mL glass vials with Teflon septa. All samples were stored at approximately 4 °C during shipment to the laboratory. Chain of Custody forms accompanied the samples from the field to the laboratory and until chemical results were presented to WESA. All groundwater samples were submitted to ALS Laboratories (ALS) of Waterloo, Ontario. A full list of parameters analyzed is provided in Table 3 and 4. 2.1.2 Methane Vapour Monitoring Methane concentrations were measured using a portable Eagle® combustible gas monitor calibrated for methane with a Multi -gas methane sensor at all groundwater monitoring locations at the same time as the groundwater elevation measurements. Methane readings in parts per million methane, LEL of Lower Explosive Limit) and methane were measured within the riser pipe at each location. 2.2 RESULT AND DISCUSSION 2.2.1 Site Geology The surficial geology in the area of the site is classified into three units. The upper unit is a lacustrine deep water deposit consisting of sand, silt and clay tilt. These are underlain by lacustrine shallow water deposits consisting of gravel and sand. WESA 4 tk uc•r };;.irnvm.. a Far lluvar. Page 5 2010 Annual Site Monitoring and Operations Report DRAFT West Elgin Landfill Site The gravel and sand unit in the area overlies a well laminated to massive clayey silt till. Drift thickness of the gravel and sand units are upwards of 10 m in the area (P.Map, 1973). Observations during drilling programs (excluding the boreholes completed in the landfill material) (WESA, 2006) identified an overlying till unit present across the area. A gravel /sand, grave! or sand unit that was up to 2.5 m thick was beneath the till and overlying a clay unit. In places throughout the landfill, some or all the units overlying the clay had been removed and replaced with landfill material. Boreholes were not advanced more than 2 m into the clay and therefore the full depth of the clay is not known. Based on MOE wells records for the area the clay extends to the top of bedrock that is approximately 55 to 70 m below ground surface (bgs). The distribution of units can be seen in two cross sections that were constructed north- south and east west across the site. The location of the cross sections is outlined in Figure 4, and the cross sections are included as Figures 5 and 6. The additional off -site investigation confirms the geology in the area (WESA, 2007b). The bedrock geology in the subject area is described as an inter bedded limestone and shale with fossiliiferous zones. Bedrock in the area is part of the Dundee formation and is Middle Devonian in age (P.2544). 2.2.2 Hydrogeology Historical hydrogeological information for the area suggests that the direction of regional groundwater flow is generally from the northwest to the southeast towards Lake Erie (Chapman and Putnam, 1984). Shallow groundwater flow has been characterized by wells completed within the landfill material or the native sand and gravel units (with the exception of MW2D). Monitoring well MW2D is completed within the clay layer that underlies the landfill and is therefore not part of the shallow groundwater flow system. Based on the historical site operations as a former sand and gravel pit, it was determined during the initial hydrogeological investigation on -site where areas of native sand and gravel remained. These areas were identified along the property boundaries as preferential pathway for leachate migration (WESA, 2006). The areas were confirmed in 2007 to continue off -site (WESA, 2007a and b). WESA F 3;sir Orue, t Fur Ou.i Page 6 2010 Annual Site Monitoring and Operations Report DRAFT West Elgin Landfill Site The results of the initial hydrogeological investigation (WESA, 2006) concluded that the hydraulic conductivity of the sand and gravel unit (1.0 x 10 m /s) is two orders of magnitude higher than that of the landfill material (1.5 x 10 m /s) tested and therefore could act as a preferential pathway for leachate impacted groundwater to migrate off -site. The clay that is present around the area has a measured hydraulic conductivity (1.0 x 10 m /s) that is two to three orders of magnitude less than the overlaying units and therefore will help to restrict water and leachate movement. Spring 2010 Static groundwater elevation data collected on May 19th, 2010 for the monitoring well network is summarized in Table 1. The site was re- surveyed by WESA in May 2010 and new groundwater elevations were produced using the new survey data. All historical groundwater elevation data has been updated using the new survey data. The groundwater within the shallow flow ranges between 217.47and 218.72 m above sea level (asl). Groundwater flow is generally towards the east. A mound (an area where water levels are elevated above the immediate surrounding area) in the groundwater table is located along the western property boundary between MW5 and MWi. The mound causes a component of the groundwater flow in the southwestern corner of the site to flow towards the south (away from MW5 towards MW10). The mounding effect was not noted in the spring of 2010. A groundwater elevation map indicating the groundwater flow patterns is shown in Figure 7. A horizontal gradient of 0.01 is present across the landfill towards the southeast. These results are consistent with historical observations (WESA, 2007a, 2008 and 2009a). Vertical flow between the landfill material, measured in MW2 and clay unit, measured in MW2D was downward at a gradient of 0.25. Fall 2010 Static groundwater elevation data collected on November 9t", 2010 is summarized in Table 1. Based on the new survey data collected in 2010, the groundwater within the shallow flow ranged between 216.83 and 217.82 m as! in the fall of 2010. Groundwater flow is generally towards the east. As noted during the spring event mounding was not noted in the groundwater table located along the western property boundary between MW5 /MW10, and MWi in the fall of 2010. The high in the groundwater flow is located in MW10, completed in the native material in the southern portion of the site and the low is in MW15 located just off site to the northeast. A groundwater elevation map indicating the groundwater flow patterns is shown in Figure 8. WESA 5 &Alt F:nrinumcnt for li ;Onooi Page 7 2010 Annual Site Monitoring and Operations Report DRAFT West Elgin Landfill Site A horizontal gradient of 0.01 is present across the landfill towards the southeast. These results are consistent with historical observations (WESA, 2007a, 2008 and 2009a). Vertical flow between the landfill material, measured in MW2 and clay unit, measured in MW2D is downward at a gradient of 0.77. 2.2.3 M Vapour Concentrations Methane vapour survey results from each monitoring location are presented in Table 2, along with an indication of whether the well screen was saturated or not during the time of survey. Methane concentrations were measured at concentrations below the range detectable by LEL at all well locations during the Spring sampling event. Historically, MW5 has displayed >100% LEL readings during Spring and Fall monitoring events. During the Fall sampling event methane concentrations were measured at >100 LEL in MW5 with a 17% by volume methane concentration. Readings were also noted of 19% LEL in MW2 with a 0.5% by volume methane concentration. The well screen was un- saturated in MW5 at the time the monitoring was completed. The high methane readings were noted in wells located within or below landfill material (MW2 and MW2D) or in close proximity to historical and /or current land filling operations (MW4 and MW5). 2.2.4 Groundwater Quality Groundwater quality results are discussed based on background groundwater chemistry, leachate characterization and groundwater quality. The groundwater quality within the shallow flow and the clay unit are summarized in Table 3 with RUL and the background groundwater quality established for the site. The parameters that exceeded the RUL and /or background have been highlighted. As mentioned earlier in Section 1.3 of this report, new RULs were calculated from groundwater chemistry data obtained from the new background monitoring well (MW14) at the site. Table 4 presents the VOC data and the VOC parameter levels that exceeded ODWS have been highlighted. Groundwater chemistry results showing ieachate indicator parameters that exceed the RUL can also be seen in Figures 9 and 10 for the Spring and Fall, respectively. As well, WESA 1 i3c ss -s riwro anirm For tluc.wc+t Page 8 2010 Annual Site Monitoring and Operations Report DRAFT West Elgin Landfill Site Appendix D provides time series plots of leachate indicator parameters for all monitoring wells (please note that the plots are not at the same scale). Complete analytical results are presented in the original laboratory certificates of analyses provided in Appendix E. 2.2.4.1 Background Groundwater Chemistry and Reasonable Use Calculations The groundwater quality at the site was compared to calculated RUL based on the background conditions on -site, as measured in MW14 and the ODWS. Calculated RUL values and ODWS are listed in Table 3. The current RULs have been calculated using the data from MW14 from two sampling events conducted in May and November 2010. 2.2.4.2 Leachate Indicator Parameters Upon review of the historical groundwater quality at the background location (MWI) and that of the landfill (MW2), leachate has been characterized by high concentrations of: WESA 1 80 t Frsirolmmu forEiaFar» Ammonia, alkalinity, arsenic, chloride, DOC, iron and sodium These seven parameters have historically defined the leachate indicator parameters for the site (WESA, 2006). In 2007, the additional investigations and the historical analytical results were reviewed and the list of leachate indicator parameters re- assessed. The off -site groundwater quality, the natural features located off -site (wetlands) and the surrounding properties' current and historical operations were used in this review. Based on this information DOC and iron are not believed to be solely representative of leachate impacts originating from the landfill and therefore were removed from the definitive leachate indicator parameters and were not used to delineate leachate impacts off -site. However, as requested by the MOE in their letter dated December 3 2008 (MOE, 2008), DOC has been added to the leachate impact parameter list in the 2010 analysis. The landfill is positioned adjacent to a series of wetlands (northwest property boundary) and provincially significant wetlands (east property boundary). As a result of the wetlands in close proximity to the landfill and the groundwater monitoring wells, the DOC reported in the wells could be attributed to secondary sources and not just from leachate. Page 9 2010 Annual Site Monitoring and Operations Report DRAFT West Elgin Landfill Site In addition, deforestation activities have occurred on the property adjacent to the southwestern property boundary (MW9). Deforestation could also attribute elevated DOC within the groundwater (MW9). Further evaluation of DOC concentrations are required to determine if DOC is in fact indicative of leachate impacts at this landfill. Iron concentrations are variable across the site. Higher concentrations have been noted in down gradient wells (MW3, MW10 and MW11) than in wells completed within the landfill material (MW2) and wells with known leachate impacts (MW6 and MW7). Given this trend iron concentrations cannot be fully attributed to landfill activities but maybe signs of localized impacts due to metal storage on -site. On its own iron is not representative of leachate impacts but in conjunction with other parameters, such as chloride, it can be an indicator for leachate impacts. Organic Nitrogen concentrations are often used to assess the impacts of leachate and are sometimes preferred over just using ammonia concentrations for groundwater. The concentration of Organic Nitrogen is based on a calculation using the concentrations of ammonia and TKN reported in a sample. Organic Nitrogen will be used in conjunction with ammonia to assess leachate impacts. Based on the information presented above, a revised list of leachate indicator parameters has been prepared. The revised parameter list is believed to be representative of leachate impacts associated with the site. WESA Ammonia/ Organic Nitrogen, alkalinity, arsenic, chloride, DOC, iron, and sodium The leachate indicator parameters are used to assess the quality of groundwater and will be used to monitor changes in groundwater chemistry at each sampling location. It should be noted that although certain parameters (i.e. iron) are leachate indicator parameters for the site, they often occur naturally (i.e. at non impacted wells) at concentrations above RUL and /or ODWS. Therefore, concentrations of leachate indicator parameters are compared to background concentrations to assess leachate impact. Upon comparison of the groundwater chemistry at one or more monitoring locations to calculated RULs, ODWS and background conditions several parameters exceed the set value. Although exceedences were noted, the parameters are not considered leachate indicator parameters for this site. The parameters include colour, hardness, TDS, fluoride, sulphate, boron, and manganese. Page 10 2010 Annual Site Monitoring and Operations Report DRAFT West Elgin Landfill Site As discussed in previous reports (WESA 2006, 2007a and b), the natural occurrence of these parameters provide evidence that they are not necessarily indicative of leachate impact. A discussion with respect to TDS, manganese, sulphate and boron parameters within the groundwater is provided below for completeness, as per MOE request (MOE, 2009a). It is recognized that chloride represents the most mobile of the contaminant indicator parameters encountered and would be expected to be the first contaminant indicator parameter to reach a monitoring location if leachate migration was occurring. Concentrations of chloride will be monitored closely to evaluate the migration of leachate impacts off site. 2.2.5 Site Groundwater Quality The analytical results observed during the monitoring events are, in general, consistent with those historically observed and reported for the site. The following table summarizes exceedences of the RUL for the established leachate indicator parameters for the 2010 sampling events: WESA €';;;R:r C1Sriroomtrg for itloi!tCa Page 11 Well Location Well Flaw Regime Spring RUL Exceedances Fali RUL Exceedances Up- gradient MWI Shallow Ammonia and Alkalinity Alkalinity Leachate MW2 Shallow Ammonia, Alkalinity, Chloride, DOC, and Iron Ammonia, Alkalinity, Arsenic, Chloride, DOC, Iron, and Sodium Down- gradient East MW3 Shallow Ammonia, Alkalinity, Arsenic, Chloride, DOC, and Iron Ammonia, Alkalinity, Arsenic, Chloride, DOC, and Iron Down gradient Southeast MW4 Shallow Ammonia and Alkalinity Ammonia, Alkalinity, DOC, and Iron Down- gradient- Southwest MW5 Shallow Ammonia, Alkalinity, and Iron DOC (QC over, labeled under) Ammonia, Alkalinity, DOC (QC over, labeled under) and Iron Down gradient South, off -site MW6 Shallow Ammonia, Alkalinity, Chloride DOC, and Iron Ammonia, Alkalinity, Arsenic, DOC, and Iron Down gradient East MW7 Shallow Ammonia, Alkalinity, Chloride, and DOC Ammonia, Alkalinity, Chloride and DOC Down gradient East, off -site MW8 Shallow Ammonia, Alkalinity, and DOC Ammonia, Alkalinity and DOC Down gradient South, off -site MW9 Shallow Ammonia Ammonia and Alkalinity Down gradient West, off -site MWIO Shallow Ammonia and Iron Down-gradient East, off -site MW1I Shallow Ammonia, Alkalinity, DOC Ammonia, Alkalinity, Chloride, DOC, Iron and Sodium Down gradient East, off -site MW12 Shallow Ammonia Ammonia Leachate Clay MW2D Deep Ammonia and DOC Ammonia and DOC Background MW14 Shallow Ammonia and DOC Iron Down- gradient East, off -site MWI5 Shallow Ammonia, Alkalinity, and DOC Insufficient water volume for sampling 2010 Annual Site Monitoring and Operations Report West Elgin Landfill Site Summary of RUL Exceedances Please note that there is no RUL for the leachate parameter ammonia: therefore ammonia is compared to average value calculated in the background well. WESA 5 EAar, In€In% m,nO Forthr4H,C DRAFT Page 12 2010 Annual Site Monitoring and Operations Report DRAFT West Elgin Landfill Site The concentration of ammonia was compared to background levels as measured in MW14. The results were above the background levels in all wells, with the exception of MW1 and MW14 in the Fall. In addition it should be noted that although exceedences of the RUL /background were noted at MW14 the parameters that were exceeded are not indicators of leachate impacts on their own and could be representative of naturally high concentrations of these parameters in the groundwater. Concentrations of these parameters and others will continue to be monitored closely at this location. The following general trends with respect to the leachate indictor parameters and additional parameters TDS, manganese, sulphate and boron were noted; Ammonia concentration in MW5 exhibited a decrease compared to historical observations where as the concentration in MW9 exhibited an increase in the Fall; The iron concentration in MW6 exhibited an increase in the Fall; The sulfate concentration in MW8, MW10 and MW12 exhibited a decrease compared to historical observation and concentration in MW11 exhibited an increase in the Fall; Concentrations of TDS were above the RUL for monitoring locations MW1, MW2, MW2D, MW3, MW4, MW5, MW6, MW7, MWS, MW9, MW10 (Fall only), MW11, MW12 and MW15 (Fall only); Boron concentrations were below the RUL at each location monitored in 2010; In the Spring and Fall, manganese concentrations exceeded the RUL in MW2, MW3, MW4, MW5, MW6, MW7, MW11, and MW15. Concentrations also exceeded the RUL in the Fall in MW8 and MW9. It should be noted that TDS, sulphate, boron, and manganese are not considered leachate indicator parameters but concentrations of these parameters will continue to be monitored to assess their potential impacts on the site. Monitoring well MW2D, located within the landfill material was completed within the clay to see the effects of the landfill activities on the clay layer. The RUL was exceeded for ieachate indicator parameter DOC and the ammonia concentration was reported above background concentrations in Spring 2010. DOC concentrations exceeded the RUL and the ammonia concentration was reported above background conditions in the Fall of 2010. As in the background well (MW14) concentrations of these parameters are not necessarily indicative of leachate impacts. It should be noted however that due to the thickness of the day unit beneath the landfill (55 to 70 m based on MOE well records) and the tested hydraulic conductivity (see Section 2.2.2), the leachate impact, if identified at this location would be restricted to the upper day and it is unlikely that leachate impact would extend to deeper aquifers. WESA Y•Co' Frt.ir000l gFor Ilud:�est Page 13 2010 Annual Site Monitoring and Operations Report DRAFT West Elgin Landfill Site The results of the VOC analyses had concentrations of all parameters measured below the ODWS in Spring and Fall 2010. A few parameters were detected above the laboratory detection limit but below the ODWS and followed historical trends. Benzene was noted in MW4 and MW5 in Spring and Fall 2010. Benzene has been noted in MW4 and MW5 since May 2006. Chlorobenzene was noted in MW5 as was noted historically. These parameters will continue to be monitored to assess their impacts on the site. 2.3 ASSESSMENT OF POTENTIAL LEACHATE IMPACTS ON WETLAND MW15 was installed as a drive -point piezometer into the adjacent wetland to assess the potential impacts of the leachate on the wetland. Up- gradient groundwater monitoring well MW11 has notable leachate impacts (exccedences of the RUL for Ammonia, Alkalinity and DOC). A substantial topographic relief (decrease by 5m) is noted between ground surface at MW11 and MW15. Water levels in MW15, and therefore within the wetland, are within range of those seen in the groundwater monitoring wells on -site and therefore are representative of groundwater discharging conditions within the wetland at the time monitoring was completed. Seasonal monitoring data is not available for this location at this time so general trends can't be established. MW15 was not sampled in Fall 2010 due to insufficient water volume in the well. In addition to water level data, the consistent concentration of hardness within the background groundwater (MW14) and wetland (MW15) also confirms groundwater discharging conditions. To assess any impacts, the water quality sample collected from MW15 in May 2010 was compared to background groundwater quality and leachate characteristics for the site. The sample had high concentrations of ammonia, alkalinity and DOC (above the site RUL) as well as concentrations of iron and chloride above background groundwater concentrations and low concentrations of sulphate and nitrate. The presence of chloride within the water sample collected from MW15 in Spring 2010 indicates that leachate is reaching the wetland. Background groundwater concentrations of chloride (4 mg/L at MW14) were reported but no notable other possible sources of chloride (no road salt, septic systems etc.) were identified and therefore there are low levels of naturally occurring chloride in the groundwater on -site. Concentration of chloride in MW11 was reported at 124 mg/L in the spring of 2010 and 80 mg/L of chloride was reported in MW15. Chloride is conservative and therefore is not remediated or attenuated along the groundwater flow path. The reduced concentration at MW15 can be attributed to dilution within the wetland. WESA &nu I F:esinntnncm fin tlnanic'+c Page 14 2010 Annual Site Monitoring and Operations Report DRAFT West Elgin Landfill Site Within the wetland, high levels of DOC can be attributed to rotting plant matter and not a direct result of leachate. High ammonia concentrations are indicative of anaerobic activity within the wetland that is further supported by low sulphate, low nitrate and high iron concentrations. In comparing concentration trends between MW15 and up- gradient well MW11 the following is noted; ammonia is higher in MW15 than MW11, sulphate is much lower in MW15 than MW11 and iron higher in MW15 than MW11 (below laboratory detection limits). As noted above some dilution of leachate reaching the wetland is occurring but based on chloride concentrations the dilution is not sufficient to reach background groundwater conditions. The water chemistry in the wetland (MW15) is indicative of an anerobic reducing system with enhanced de- nitrification potential /conditions and therefore acts to provide natural treatment of leachate. 2.3.1 Quality Assessment and Quality Control (QA/QC) For QA /QC purposes a duplicate field sample was collected for the general chemistry parameters, metals and VOCs from MW5 in the spring and a field blank was collected for VOCs in the fall. The analytical results indicated good correlation between samples (Table 3 and 4). 2.3.1.1 Summary Based on the concentration trends of the leachate indicator parameters (as seen in the hydrographs provided in Appendix D) trends can be noted and conclusions made with respect to the leach characterization for the site. The leachate is characterized by monitoring location MW2. Trends similar to those seen in MW2 can be seen with the concentrations over time at MW4 and MW5, down gradient wells to the southeast and southwest, respectively indicating a component of groundwater flow in that direction resulting in minor leachate impacts at the monitoring locations. The former background location MW1 indicates that there may be minor leachate impacts at this location. Evidence is noted based on the increase in chloride concentrations in Spring 2009 as well as other parameter concentrations at this location. MW14 was installed as a new background well in May 2010. Concentration trends in MW9 (down gradient and off -site to the south) and MW10 (down gradient and off -site to the west) have similar trends to that seen in the background well with concentrations of chloride well below the RUL and no leachate impacts noted, with the exception of an iron concentration above the RUL in MW10 Fall 2010. The wells located down gradient and to the east (MW7 (on- site), MW8, MW11 and MWI2) again all show similar concentration trends over time to each other. WESA 4 Y 1 t Frsin»3mc nt For Ha inc,, Page 15 2010 Annual Site Monitoring and Operations Report DRAFT West Elgin Landfill Site The monitoring well locations have various degrees of leachate impact with impacts at MW7, MW8 and MW11 and no impacts at MW12, with the exception of a DOC exceedance in Fall 2009. Concentration trends in the remaining wells, MW3 and MW6 do not follow the groups of trends at other locations but show leachate impacts. The down gradient boundary wells that are currently used to assess compliance with the reasonable use policy include MW3, MW4 and MW7. Based on the Reasonable Use Guideline (MOE Guideline B -7) the wells used to assess compliance must be located on -site and therefore until the CAZ for the site can be established (as per the steps detailed above) off -site wells (MW6, MW8, MW9, MW11 and MW12) cannot be used to assess the compliance of the site with the Guideline. Exceedances of RULs for leachate indicator parameters were noted in the compliance wells (MW3, MW4 and MW7) and therefore the site is currently not in compliance with the Reasonable Use Guideline at the property boundaries. In addition, off -site impacts were noted with exceedances of RULs for leachate indicator parameters reported in off -site down gradient wells (MW6, MW8 and MW11). Based on the actions detailed in Section 1.1 steps are being taken to establish a CAZ for the site. Once the CAZ has been established for the site, adjustments to the reasonable use assessment will be made and a contingency plan put in place to insure compliance with the reasonable use policy. 3. ANNUAL OPERATIONS REPORT 3.1 HISTORICAL SITE OPERATIONS The West Elgin Landfill site has been in operation since 1971. A Provisional Certificate of Approval (A051101) was first issued in 1971 and reissued in 1972, 1973, 1974, and 1976. On July 16th, 1980 the MOE reissued a Provisional Certificate of Approval (C of A) to the Village of Rodney. The MOE issued an amendment to the C of A on December 21 2005 (Appendix A). A Hydrogeologicat Investigation and Design and Operations Report was completed by WESA and submitted to the Director of the MOE for approval on September 1St, 2006 (WESA, 2006). WESA Rokr Fur iluvne.: Page 16 2010 Annual Site Monitoring and Operations Report DRAFT West Elgin Landfill Site 3.2 EXISTING CONDITIONS The West Elgin Landfill site is owned by the Municipality of West Elgin, and operated and maintained under contract from the Municipality by a company operated by Mr. Sam Kirschner. The site is located on Lot B, Concession 7 former Township of Aldborough, West Elgin Municipality, County of Elgin (Figure 1). The landfill services the entire Municipality of West Elgin. The population served is approximately 5,500 which is estimated to increase to approximately 6,000 during the summer months. Adjacent land uses to the site include a low lying wood lot, wetlands and agricultural fields to the northwest, an aggregate (sand and gravel pit) to the northeast, a wood lot and low lying wetlands to the southeast, and land consisting of grasses, shrubs and trees to the southwest. General topography, surface water drainage, and the hydrogeological assessment of the site are included in Section 2 of this report. There is one access road entering the site from the northwest at Downie Line. The gate across the access road is locked whenever the landfill is closed or the attendant is not present. The site is bounded at each property boundary by natural forest and marshlands that deters illegal access to the site. A temporary access road is maintained to access the active landfill area. This road will be modified accordingly as waste disposal proceeds. There is one attendant building on -site that is constructed on grade. There are no utilities (electricity, gas, water, sanitary sewers, or phone) to the site. The site operator has a cell phone in case of emergencies. Existing signs include an entrance sign and signs denoting bins for recyclable material. As per Condition 16 of the Amended C of A, the entrance sign states the owner's name and hours of operation, the operator's name, the Provisional Certificate of Approval No., the type of waste accepted, and a contact telephone number to call with complaints or in the event of an emergency. Landfill operating hours are from Sam to 5pm on Wednesday and Friday, and 9am to 4 pm on Saturday. From December to March the operating hours change to loam to 5pm on Wednesday and Friday, and 9am to 4 pm on Saturday. WESA t Ikurr ht,inm3mco for IiutiEi, Page 17 2010 Annual Site Monitoring and Operations Report DRAFT West Elgin Landfill Site Waste disposal records are kept at the local municipal offices. The Municipality of West Elgin maintains a record of daily site operations, a record of complaints, a record of site inspections, and a record of unacceptable waste as per Conditions 25 through 28 of the C of A, at the local municipal offices. During the environmental monitoring events, WESA completes a landfill inspection and maintenance record to determine if any adjustments are required for the operation of the West Elgin Landfill. The completed inspection records for Spring and Fall 2010 are included in Appendix F. 3.3 WASTE DISPOSAL The West Elgin Landfill site is currently licensed for the disposal of domestic and commercial waste. No waste surveys were conducted in 2010, however surveys conducted in 2007 and 2008 identify the source of the waste and recyclable materials, and the number of bags disposed of each day. All surveys conducted have consistently confirmed the types of wastes and recyclables collected at the West Elgin Landfill. In May 2007, WESA conducted a one -day waste audit to provide an approximate average weight per bag of waste, as well as per car, truck, and van load accepted at the West Elgin Landfill. In addition, the number of bags of waste collected from residential versus commercial sources was counted during the survey. Based on the May 2007 waste survey, the assumed average weight per bag is 5 kg and the assumed number of bags per car, truck, and van is 3.4, 3.2, and 3.4, respectively. The measured weight for pick -up runs from the residential areas has also been used to calculate the total amount of waste coming into the landfill. As part of the daily records, the Municipality tracks the number of cars, trucks, and vans entering the facility to drop off waste. In addition, they also track the pick -ups from local residential communities and trailer parks. Based on the average weight per bag, per car, per truck and per van, as well as the total brought in for commercial and residential pick -ups, the total waste brought for deposit in the West Elgin Landfill in 2010 was approximately 206 tonnes. WESA 11kn -r F.! irtU4ltIt Forfit <h Page 18 2010 Annual Site Monitoring and Operations Report DRAFT West Elgin Landfill Site Domestic waste represents greater than an estimated 9Q% of the waste entering the landfill. The domestic waste was delivered by commercial hauler or individual drop -off and is typically comprised of the following: Large items such as discarded appliances, furniture, and mattresses, are collected by the haulers or delivered to the waste disposal site for recycling, re -use or deposition at the landfill. Clean wood and brush are collected in a pile to the west of the approved waste limits and burned. Commercial waste represents less than an estimated 6% of the waste generated in the municipality. Commercial waste is delivered by commercial hauler and includes: Based on the information supplied to WESA by the municipality, the West Elgin Landfill recycled a combined estimated average total of 159 tonnes of material in 2010. The municipality diverted approximately 43.5% of the total material the landfill received in 2010. The following is a breakdown of the recycled material received at the site, on an average annual basis (average calculated from estimated quantities of recyclables in 2004 through 2010): WESA Paper and cardboard Restaurant kitchen waste Scrap metal Plastics Fklivr 1 ,lnuio;t=.11 For jEl'E:IF.1 Mixed household garbage Plastic Glass Aluminum and tin cans Scrap metal Roof shingles Newspapers Scrap metal, 70.9 tonnes Glass, 22.5 tonnes Paper, 25.3 tonnes Plastic, 32.2 tonnes Aluminum and steel cans, 13.2 tonnes Cardboard, 12.9 tonnes Page 19 2010 Annual Site Monitoring and Operations Report DRAFT West Elgin Landfill Site 3.4 FINAL CONTOURS AND SITE CAPACITY The final contours plan is shown in Figure 10. The Municipality of West Elgin has placed cement blocks to delineate the limit of the landfill in adherence to Figure 11. The fi nal contours are based on the local topography of the site and the estimated footprint area of 1.42 hectares. All side slopes will be constructed to a maximum 25% grade. The crown of the landfill will be constructed to a minimum 5% grade to promote surface water runoff. In 1984, MOE staff estimated the site capacity to be 100,600 m Prior to this time, the site did not have an approved capacity. Based on the final contours plan included in this report as up- dated based on the 2010 survey data, the total site capacity is 106,110 m Using this site capacity and based on the May 2010 contours at the site, the estimated quantity of in -place waste is 79,403 m Based on an estimated annual waste input rate of 206 tonnes, a compaction density of 0.5 tonne /m and a waste to cover ratio of 4:1, the annual air space utilization rate for the site is calculated to be 515 m /annum. Using the estimated quantity of in -place waste, calculated utilization rates, and a projected annual population (ie., waste) growth rate of 0.5% over the next 25 years, the estimated life of the landfill is 25 years from December 2010 (that is, until December 2035). Beyond 25 years additional landfill capacity up to a further 24 years or 2055 maybe available but is dependent on current landfill operations and growth rate. The estimated remaining site capacity as of December 2010 is 26,191.70 m Note that any estimate of remaining site life is highly sensitive to variations in waste characteristics, waste generation rates, cover material utilization, waste compaction and recycling efforts. The above projection of site life should therefore be interpreted as a rough estimate only, and should be reviewed annually against actual changes in the landfill volumes. 3.5 2010 SITE OPERATIONS The Hydrogeological Investigation and Design and Operations Report prepared by WESA (WESA, 2006) provides a detailed phased development plan for Landfill operations over the site life. WESA 5 €'fmr0 11,1 6t� ±inc a Page 20 2010 Annual Site Monitoring and Operations Report DRAFT West Elgin Landfill Site In 2010, clay was placed on the edge of the laneway as final cover, however no other final cover was placed on the landfill foot print. Interim cover is placed over the active face on a weekly basis. All locations that are not part of the active face should be covered with 300 mm of intermediate cover material as discussed in the WESA 2006 report. The municipality has placed cement blocks to visually delineate the 30 m buffer area so that the site operator can place waste to the edge of the design area without extending into the buffer area. As per Condition 18 of the Amended C of A, daily cover or suitable alternative must be placed over the entire active face at the end of every operating week. in 2010, daily soil cover was placed on the active face at the end of each operating day. The Hydrogeological Investigation and Design and Operations Report prepared by WESA (WESA, 2006) outlines the requirement for active face operations at the landfill. The active face should be kept to a maximum width of 10 m wide. The height of the active face should be the shorter of 1.5 m or the distance to the final waste contour. Site inspections in 2010 indicate that the active face is within the 10 m width requirement and the height is greater than the 1.5 m recommendation. Site inspection forms are provided in Appendix F. The natural surface water drainage at the site is controlled by the low topographic relief. There are no on -site drains and little evidence of surface water ponding or channels were identified during WESA's site visits. The landfill is situated on a local topographic high and therefore surface water run -off has not been a problem. According to the site operator, the site did not have concerns associated with litter, noise, dust, odour, or vectors in 2010. The site currently maintains a record of complaints received about the site or any environmental emergency situations that occur at the site at the local municipal offices. There were no complaints in the tog for 2010. 3.6 CHANGES TO OPERATIONAL PROCEDURES AND INFRASTRUCTURE There were no changes to operational procedures or infrastructure. 4. RECOMMENDATIONS The recommendations derived from 2010 annual site monitoring and operations for the West Elgin Landfill site are outlined below. The recommendations for the Annual Site Monitoring and Reporting and Site Operations are consistent with those from the previous annual reports. Recommendations for the CAZ are detailed in Section 5.0 below. WESA Nsift Ft•51 far 111!0k.. Page 21 2010 Annual Site Monitoring and Operations Report DRAFT West Elgin Landfill Site 4.1 ANNUAL SITE MONITORING AND REPORTING 1. A new monitoring well (MW14) was installed to the north of the landfill prior to the Spring 2010 sampling event to establish background groundwater conditions for the site (Figure 2). Background water quality analyses should continue to be conducted at MW14 for the purpose of updating the RULs for the site. 2. The site groundwater monitoring network should be sampled in the Spring and Fall 2011 for a full set of parameters, as listed in Tables 3 and 4 of this report, to establish site conditions. Subsequent monitoring should take place twice per year (spring and fall) for each of the following years. 3. By no later than April 30th, 2012, and by April 30th of every year thereafter a site operation and environmental monitoring report will be prepared and submitted to the Ministry of the Environment. This recommendation is outlined in the provisional Certificate of Approval for this site. 4.2 ANNUAL OPERATIONS REPORT 1. The landfill site should continue to maintain a record of daily site operations, monthly site inspections conducted by a trained person, all occurrences of receipt of unacceptable waste, and complaints received about the site or any environmental emergency situations that occur at the local municipal offices. In order for the Landfill site to be in compliance with the Amended C of A, these records containing the information specified in Conditions 25 through 28 must be maintained. 2. It is recommended that the site operator and the Municipality meet on a monthly basis to provide records on waste accepted, quantities recycled, and to review the completed landfill inspections and the inspection results. 3. The site operator should continue to use the delineated landfill footprint to ensure operations adhere to the detailed phased development plan and active face operations as provided in the Hydrogeological Investigation and Design and Operations Report (WESA, 2006). 4. Bins used to collect recyclables must be kept in good condition without leaks as per Condition 24 of the Amended C of A. 5. A layout of recycling collection bins and burn pile sorting area has been developed and is shown in Figure 11. WESA P.rl,r IEr i k,:t F6rtSUR$r, M1t Page 22 2010 Annual Site Monitoring and Operations Report DRAFT West Elgin Landfill Site 6. As per Condition 18 of the Amended C of A, daily cover must be placed over the entire active face with a minimum thickness of 150 mm of soil cover at the end of every operating day. As stated, a tarp can be used as an alternative and the Municipality should continue its efforts in utilizing this tarp. Final cover should be placed over the areas where the waste footprint is within the 30 m buffer area. In addition, it is strongly encouraged that the design and operations recommendations made by WESA as part of the Hydrogeological Investigation and Design and Operations Report (WESA, 2006) be implemented to minimize any additional leachate impacts and the potential need for acquiring additional water rights or property in the future. 5. CONTAMINANT ATTENUATION ZONE The results of the subsurface investigation and leachate delineation studies have allowed for delineation of leachate impacts down gradient of the landfill. The studies concluded that towards the east the impacts are limited to just beyond the property boundary but are not a concern due to aggregate operations and the wetland. To the southeast and south impacts are limited to within <20 m of the property line (MW6 and MW8). Impacts towards the southeast are less of a concern due to the wetland but are a concern to the south. The impacts to the southwest (MW10) are localized effect of metal storage on -site and can be mitigated over time. To fulfill the requirements of the Reasonable Use Guideline (RUL) (B -7) and the CAZ, the Municipality has two recommended options; 1- purchase surrounding property, or, 2- purchase the water rights and obtain land access agreements for the surrounding properties. Based on the conclusions of the studies the amount of surrounding property required is outlined in Figure 13. The recommended extent of the CAZ satisfies the current MOE requirements and allows for some additional buffer room if required. At this time no action is needed towards the southwest (MW10). The localized effects of the iron impacts in that area can be mitigated with proper storage and management of the metal storage on -site. The extent of the CAZ towards the southeast was determined based on the buffer requirements outlined in O.Reg 232/98 Section 7. Based on the conditions in Section 7 (3) a 30 m buffer is acceptable as long as the conditions can be satisfied. Although the distance from the landfill foot print to the current property boundary is greater than 30 m distance and additional 30 m is proposed to fully satisfy the conditions on the subsection. WESA I Fig Our Fr,,iroamtra for 11usi�FC.� Page 23 2010 Annual Site Monitoring and Operations Report DRAFT West Elgin Landfill Site To help assess the potential impacts off -site and to determine the required extent of the CAZ towards the southeast, and extending towards the east the maximum concentration of a particular contaminant permitted in the groundwater below the site (Cm) and the maximum concentration of the particular contaminant permitted to reach the adjacent property (Cw) were calculated for the leachate indicator parameters in exceedence of the RUL at MW11. The assessment of potential impacts off -site towards the east and southeast were found not to be useful due to the topography, geology and ecology in those areas. As explained in the Leachate Delineation report (WESA, 2007b) east of MW11 the granular material, down to clay, has been removed due to aggregate operations on the property. Based on -site observations the leachate impacts are restricted to the sand and gravel unit and impacts in the clay were not anticipated at this distance from the landfill foot print (because only minor impacts are noted in the clay beneath the landfill foot print). Spring 2010 sampling of MW15 shows that the presence of chloride within the water sample collected from MW15 indicates that leachate is reaching the wetland. Background groundwater concentrations of chloride (4 mg/L at MW14) were reported but no notable other possible sources of chloride (no road salt, septic systems etc.) were identified and therefore there are low levels of naturally occurring chloride in the groundwater on -site. Concentration of chloride in MW11 was reported at 124 mg/L in the spring of 2010 and 80 mg/L of chloride was reported in MW15. Chloride is conservative and therefore is not remediated or attenuated along the groundwater flow path. The reduced concentration at MW15 can be attributed to dilution within the wetland. To the southeast, leachate impacts have been noted in MW3. Based on the results of the additional investigation in this direction, leachate impacts were found to dissipate towards MW8 (approximately 20 m from the property boundary) with no impacts in MW12, with the exception of DOC in the Fail of 2009 (approximately 40 m from the property boundary). Once again the boundary of the wetland is adjacent to MW12 and therefore any leachate migration beyond that point would be treated by the wetland. Responses from the MOE (MOE, 2009a and b) concurred that the proposed 50 m CAZ to the south southeast of the landfill would be adequate, as monitoring wells (MW9 and MW12) installed within the proposed CAZ have no exceedances of the RUL. The MOE continued to note that the proposed 30 m CAZ to the east of the site may not be sufficient as the most down gradient well (MW11) within the proposed CAZ would exceed the RUL, therefore the site would be out of compliance with the Reasonable Use Guideline east of the landfill. WE SA P.chl fomrosneil.t for (Siw 4 Page 24 2010 Annual Site Monitoring and Operations Report DRAFT West Elgin Landfill Site Analytical data from MW15, a drivepoint piezometer installed in the wetland east of the landfill, indicates that the wetland east of the landfill is not removed from the effects of leachate coming from the landfill. This location will continue to be monitored at all future sampling events. Respectfully submitted, WESA Inc. DRAFT For Discussion Purposes Only Karen Greer, MSc. P.Geo Project Hydrogeologist DRAFT For Discussion Purposes Only Geoff Moroz, B.Sc. Environmental Consultant WESA 5 Iiiaer Cw•tmmni,:A F r1ki':c Ian Macdonald, M.Sc., P.Geo Principal /Senior Hydrogeologist Page 25 WESA 1 Better I;nrironrnent For Business Mrs. Norma Bryant The Corporation of the Municipality of West Elgin 22413 Hoskins Line, Box 490 Rodney, ON NOL 2C0 Re: West Elgin Landfill 2011 Site Monitoring and Operations Proposal Dear Mrs. Bryant: WESA Inc. (WESA) is pleased to provide a work plan and cost estimate to complete the 2011 site monitoring program at the West Elgin Landfill Site. The work plan was developed based on recommendations provided in the 2006 Annual Site Monitoring and Operations Report for the West Elgin Landfill Site prepared by WESA in April 2007 and requirements set out by the Ministry of the Environment (MOE) in Certificate of Approval (C of A) Number A051101 for the site dated December 215 2005. The work plan is further described below. The work plan and costs may be subject to change if and when comments are received from the MOE with respect to the 2010 report Annual Site Monitoring and Operations Report clue to the MOE in April 2011. The work plan is further described below. WORK PLAN Task 1 Spring 2011 Environmental Monitoring Program Task 2 Interim Assessment of Monitoring Results Task 3 Fall 2011 Environmental Monitoring Program Task 4 Interim Assessment of Monitoring Results Task 5 Annual Analysis and Reporting Task 6 Meeting Attendance February 17th, 2011 Project Number W- B4718 -09 D g(e) WESA Inc. 171 Victoria Street North Kitchener, Ontario, Canada N2H 5C5 Tel: 519.742.6685 Fax: 519- 742 -9810 Email: wesakw @wesa.ca www.wesa.ca Calgary Gatineau Kingston Kitchener Montreal Ottawa San Salvador Sudbury Toronto Yellowknife Well Sampling Frequency Analytical parameters All monitoring wells (MWI. MW2, MW2D, MW3, MW4, MW5, MW6, MW7, MW8, MW9, MW10, MWI1, MW12, MW 14, MW 15) QA/QC (1 duplicate for general chemistry and metals parameters and trip blank for VOC) Bi- annually (Spring and Fall) General Chemistry and Metals, and VOC Task 1 and 3 Spring and Fall 2011 Environmental Monitoring Program The on -site groundwater monitoring network is composed of fifteen (15) monitoring wells and one (1) stand point well in the adjacent wetland. Groundwater sampling in the Spring and Fall 2011 will take place in accordance with the bi- annual sampling schedule for the site as outlined in the table below. (It should be noted that there is no MW13 on- site). Groundwater elevations will be calculated at each location to confirm the direction of groundwater flow. A minimum of three well volumes will be purged or the well will be purged three times dry prior to sampling. Water samples will be collected from each location and submitted for analyses to ALS Laboratory Group of Waterloo, Ontario. Samples will be analyzed for general chemistry parameters (Alkalinity, Ammonia, Colour, Conductivity, DOC, pH, TDS, Turbidity, Nitrate, Nitrite, Total Kjeldahl Nitrogen (TKN) Phosphorus, Sulfate, Chloride, Fluoride, Anion/ Cation Sum, Hardness, Ion Balance, Langelier Index and Saturation pH), a general metals scan (Al, Sb, As, Ba, Be, Bi, 13, Cd, Ca, Cr, Co, Cu, Fe, Pb, Mg, Mn, Mo, Ni, P, K, Se, Si, Ag, Na, Sr, Ti, Sn, Ti, W, U, V, Zn, Zr), and volatile organic compounds (VOCs). One field duplicate sample (analyzed for general chemistry parameters and metals) and a trip blank sample (analyzed for VOC) will be collected for Quality Assurance and Quality Control (QA/QC) purposes. As part of the 2011 monitoring program, methane concentrations will also be measured in the Spring and Fall of 2011 at the groundwater monitoring locations. The measurements will be taken concurrently with the groundwater elevation measurements using a portable Eagle® combustible gas monitor calibrated for methane with a Multi -gas methane sensor. 2 Tasks 2 and 4 Interim Assessment of Monitoring Results Following the Spring and Fall sampling events, the groundwater data will be added to the site chemistry database and reviewed. A letter summarizing the results of the groundwater monitoring and highlighting any anomalies will be prepared. The need for additional monitoring events and potential changes to analytical parameters and monitoring frea;'encies will be re- evaluated at that time. Task 5 Annual Analysis and Reporting In accordance with the C of A, a report on the development and operation of the site, including the monitoring program, will be submitted to the MOE by April 30, 2012 based on the information collected in 2011. This report will present the findings of the two preceding monitoring events (Spring and Fall 2011) and will make recommendations for any additional work or actions that may be required during subsequent monitoring periods. Based on the assessment of the results from the previous monitoring period as well as historical data, recommendations will be made for on -going site monitoring with respect to the number of locations, frequency of monitoring and the necessary geochemical parameters for analyses. Any recommended modifications to subsequent monitoring programs will be presented to the Municipality of West Elgin and the MOE for their approval prior to modifying future programs. Task 6 Meeting Attendance WESA personnel look forward to continuing to work closely with the Municipality of West Elgin and its Municipal Council. Presentation of annual reports, project updates and the resolution of issues over the course of the project will be addressed through meetings with WESA and the Municipality of West Elgin. One meeting a year has been assumed for budget purposes. PROJECT SCHEDULE AND COST WESA personnel are available to begin work immediately upon proposal review and acceptance by The Municipality of West Elgin. Our estimate of costs for carrying this proposed work plan is provided below in Table 1. 3 Task Description Professional Fees Expenses Laboratory Expenses Totals 1 3 Groundwater Monitoring $7,040 $1,782 $8,589 $17,411 2 4 Interim Assessment of Monitoring Results $1,490 $0 $0 $1,490 5 Annual Analysis and Reporting $5,580 $50 $0 $6,630 6 Meeting Attendance $1,720 $160 $0 $1,880 Totals $15,830 $2,012 $8,589 $27,251 Table '1 Project Costs Disbursements The estimated total upset budget for this project is $27,251. WESA will not exceed this budget without prior approval from The Municipality of West Elgin. This budget includes all professional fees and disbursements, but does not include the HST. CONFIDENTIALITY Ali information, data, material, etc. gathered as a part of this study shall be treated as confidential and shall only be discussed with The Municipality of West Elgin unless otherwise directed. No contacts will be made to any third party without your full knowledge and approval. 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. 4 CLOSING If the terms of this proposed work plan are agreeable to you, please sign one copy of the proposal in the knowledge that this constitutes a legal contract between WESA and The Municipality of West Elgin. We are prepared to start work upon receipt of the signed proposal from The Municipality of West Elgin. Thank you for the opportunity to prepare this work plan and cost estimate for the 2011 site monitoring program. If you have any questions, or require any additional information, please do not hesitate to contact the undersigned at (613) 839 -3053 x 249. Sincerely, WESA Inc. Karen Greer, M.Sc., P.Geo. Project Manager/ Hydrogeologist i G Geoff oz. BSc., G Envir ental Consultant Encl. Ref 84718 092011 Proposal revised.doc r<' il it Ian Macdo d, M.Sc., P.Geo. Principal /Senior Hydrogeologist 5 23 1 8l2011 10:57 519 -693 -7024 March 15, 2011 JOHNSTON BROTHERS Wardsvilie 693 -4383 Dungannon 529 -7947 Komoka 471 -3059 Erleau 676 0771 FAX 519 -693 -7024 ofitat on r &o Wogw �t Municipality of West Elgin 22413 Hoskins Line 1.a. Box 490 Rodney, Ontario AWL ICO SAND, GRAVEL, STONE CONTRACTORS P.O.13Ox 220 13OTHWELL, ONTARIO NOP 100 Attention: Mayor, Deputy Mayer and Council RE: Johnston Broths (Botliwall) Ltd. 'New Gravel Pit Licence Application Part Lot 5, Concession 2, (Aldbarough) M the Public Meeting under the Planning At for the application 10 amend the zoning bylaw to allow for aggregate a ccra.ctitfn Qn tho above noted site, a neighbour to the south, Mr. Chris Oliver, raised co ems with tho proposed Or If at tome point in the furum he should decide to construct a =idence. At the melting Mr. Olivet accepted the suggestion that building a burin adjacent to the south boundary of the proposed pit would be acceptable to him. Tlxis ietux is being written to confirm to the Municipality that with respect to constructing a bctm adjacont to the south boundary, lahnstan Brothers (Bothwell) Ltd. shall construct a berm when a house is constructed by Mr, Ostia Qliuor on the northerly .part of the rural lot across the road Lot 3, Cancel:den 3. Aldborough). The berm shall be 2,5 metres high h and shall be graded and maintained until such lime as the topsoil is required to complete final rehabilitation as reqUired required by Ministry of Natural Resources regulations. The berm is already shown on the Operational Plan as a possible berm. We look forward up Council awing tho proposed bylaw amendment at their March 24, 2011 mooting_ Thank you. for your time in this matter. Eugo or Doug, position Johnston 9rotl (Bothwell) Ltd, E l PAGE 0101 PATTON CORMIE LAWYERS 1. 6T ASSOCIATES Abn R. Patton, B.A., LLB, Elizabeth K. Corniier, B.A., LLB. Analee J,M, Fernandez, B.A., LL.B l Arti Sanichara, Hons. B.E,S., LL.B. March 7, 2011 File No. 32291 via courier and fax: 519-873-4018 Ministry of Municipal Affairs and Housing Municipal Services Office Western 659 Exeter Road, 2' Floor London, ON N6E 1 L3 Attention; Tammie RyaII, Planner The appeals are: Received MAR 072011 MSS W Re: Notice of Appeal, s. 17(36), Planning Act Official Plan Amendment By -Iaw No. 2008 -13, File No. 34 -OP -4035 We are the solicitors for Seaside Waterfronts Inc. and Lighthouse Waterfronts Inc., the owners of land in the Port Glasgow area of West Elgin, being Part of Lot 5 and Part of Lot 6, Concession 14. Pursuant to s. 17(36), Planning Act, our clients appeal the approval of the Official Plan for the Municipality of West Elgin, adopted by By -Iaw No. 2008 -13 and as modified by the Minister. The deletion by the Minister of section 7.5 of the Plan, as it was adopted, and its replacement with Modification #40. Port Glasgow is a settlement area serviced with municipal water, containing dwellings, camp grounds, and a variety of recreational activities centered around the beach and marina. Port Glasgow offers a range of important land use opportunities. The requirement for a Secondary Plan to be prepared for development greater than five (5) lots or units is unnecessary and inappropriate. This policy would unnecessarily hinder and delay small commercial developments, small residential developments, as well as small mixed use developments even when such developments are clearly appropriate and compatible. Further, the Modification is unclear as to whether there would be a land requirement justification component of a Secondary Plan, a requirement which would be unfair and inappropriate. 2. Section 5.1(a) of the Plan as adopted and approved. This section should be amended to recognize that additional residential and commercial growth, for a different segment of West Elgin's planned population growth, will locate in Lakeshore areas. Similarly, section 7.1, Goals and Objectives for the Lakeshore area should state that seasonal residential and year round residential development is a goal for all of the Lakeshore area but particularly so for the area of Port Glasgow. 1512 140 Fullartan Street, London, ON N6A 5P2 tel: 519.432.8282 fax: 519.432,7285 Patton Cormier Si. Associates File No, 32291 Page 2 3. Given matters such as proximity and efficiency, the Port Glasgow "black hatched line" should include all of Lot 5 on Figure 5, Map 2. 4. Such further and other reasons as Counsel may advise, Enclosed herewith is our firm cheque in the amount of $125.00 and the required appeal form. Yours truly PATTON CORMIER ASSOCIATES Alan R. Patton ARP /phldr cc: Seaside Waterfronts Inc. Lighthouse Waterfronts Inc. Kirkness Consulting Ron Koudys, Landscape Architect 1512 -140 Fillarton Street, London, ON N6A 5P2 tel: 519.432.8282 fax: 519.432.7285 SUBJECT OF APPEAL TYPE OF APPEAL PLANNING ACT REFERENCE (SECTION) Minor Variance Appeal a decision Appeal a decision 45(12) 53(x9) Consent/Severance Appeal conditions imposed I Appeal changed conditions 53(27) Failed to make a decision on the application within 90 days 53(14) Zoning By -law or Zoning By law Amendment Appeal the passing of a Zoning By -law 34(19) 1 34(11) r Application for an amendment to the Zoning By -law failed to make a decision on the application within 120 days Application for an amendment to the Zoning By -law refused by the municipality Interim Control By Appeal the passing of an Interim Control By -law 38(4) 1 Official Pian or Official Plan Amendment WI Appeal a decision 17(24) or 17(35) r Failed to make a decision an the plan within 180 days 17(40) Application for an amendment to the Official Plan failed to make a decision on the application within 180 days 22(7) Application for an amendment to the Official Plan refused by the municipality Plan of Subdivision Appeal a decision 51(39) Appeal conditions imposed 51(43) or 51(48) r Failed to make a decision on the application within 180 days 51(34) Onteri6 Environment and Land Tribunals Ontario APPELLANT FORM (A1) Ontario Municipal Board 655 Bay Street, Suite 1500 Toronto, Ontario M5G 1E5 TEL: (416) 212-6349 or Toll Free: 1- 866- 448 -2248 FAX: (416) 326 -5370 www. elto.gov.on.ca Dale Stamp Appeal Received by Municipality Part: Appeal Type (Please check only one box) Part 2' Location Information PART LOT 5 AND PART LOT 6, CONCESSION 14 Address and/or Legal Description of property subject to the appeal: Municipality /Upper tier: MUNICIPALITY OF WEST ELGIN, COUNTY OF ELGIN Al Revised April 2010 PLANNING ACT SUBMIT COMPLETED FORM TO MUNICIPALITY /APPROVAL AUTHORITY Receipt Number (OMB Office Use Only) Page 2 of 5 Oft 3 AOPPIta nt information First Name: LIGHTHOUSE WATERFRONTS INC., SEASIDE WATERFRONTS INC. Company Name or Association Name (Association must be incorporated include copy of letter of incorporation) Professional Title (if applicable): E -mail Address: Daytime Telephone Alternate Telephone Fax tt: Mailing Address: P.O. BOX 952 62 ONTARIO ROAD MITCHELL Street Address Apt/Suite /Unit# City/Town Signature of Appellant: First Name: ALAN Professional Title: LAWYER Fax 519- 432 -7285 Signature of Appellant: Last Name: By providing an e address you agree to receive communications from the OMB by e ONTARIO Province Please note: You muse notify the Ontario Municipal Board of any change of address or telephone number in writing. Please quote your OMB Reference Number(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 Board Act, R.S.O. 1990, c. O. 28 as amended. After an appeal is filed, all information relating to this appeal may become available to the public. pa 4 Representative Information (if appficable) I hereby authorize the named company and /or individual(s) to represent me: Company Name: PATTON CORMIER ASSOCIATES Mailing Address: 140 FULLAATON STREET Street Address Country (if not Canada) (Signature not required if the appeal is submitted by a taw office.) Last Name: PATTON SUITE 1512 Apt/Suite /Unit# N0}< I NO Postal Code Date: E -mail Address: apattonl Oattoncormier.ca By providing an a -mail address you agree lo receive cammunlcatlons tram the OMB by e-mail. Daytime Telephone 519 432 -8282 Alternate Telephone it: LONDON City/Town ONTARIO N6A 5P2 Province Country (if not Canada) Postal Code Date: March 7, 201 1 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 I have written authorization from the appellant to act as a representative with respect to this appeal on his or her behalf and I understand that I may be asked to produce this authorization at any time. Al Revised April 2010 Page 3 of 5 La glis 0. anti Accessibility Please choose preferred language. r English French We are committed to providing services as set out in the Accessibility for Ontarians with Disabilities Ac`, 2005. If you have any accessibility needs, please contact our Accessibility Coordinator as soon as possible. peal S pectfi 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 print) FILE NO. 34 -OP- 4035, MUNICIPALITY OF WEST ELGIN BY -LAW NO. 2008-13 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) SEE ATTACHED THE FOLLOWING SECTIONS (a &b) APPLY ONLY TO APPEALS OF ZONING BY -LAW AMENDMENTS UNDER SECTION 34(11) OF THE PLANNING ACT. a) DATE APPLICATION SUBMITTED TO MUNICIPALITY: (If application submitted before January 1, 2007 please use the 01 'pre Bill 51' form.) b) Provide a brief explanatory note regarding the 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: If more space is required, please continue in Part 9 or attach a separate page. Part 7 Related Matters: (if known) Are there other appeals not yet filed with the Municipality? (Please print) Al Revised April 2010 YES NO f� NO r 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: Page 4 of 5 Part 8 ScF edul rig Infortnation How many days do you estimate are needed for hearing this appeal? r half day r 1 day 2 days 3 days 4 days 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? THREE_ (3)_ Describe expert witness(es)' area of expertise (For example: land use planner, architect, engineer, etc,): LAND USE PLANNER; CIVIL ENGINEER; LANDSCAPE ARCHITECT Do you believe this matter would benefit from mediation? YES NO r (Mediation is generally scheduled only when all parties agree to participate) Do you believe this matter would benefit from a prehearing conference? YES NO r (Preheating conferences are generally not scheduled for variances or consents) If yes, why? To scope issues and determine if resolution possible on modifications made by the Minister. Part::9 Other Applicable Information *Attach a separate_page if more space 15 required Part 10: e tiired Fee Total Fee Submitted: 125.00 Payment Method: o The payment must be in Canadian funds, payable to the Minister of Finance. 6 Do not send cash. PLEASE ATTACH THE CERTIFIED CHEQUE /MONEY ORDER TO THE FRONT OF THIS FORM. Al Revised April 2010 Certified cheque Money Order Solicitor's general or trust account cheque Page 5 of 5 Ministry of Natural Resources 615 John Street North Aylmer ON N5H 2S8 Tel: 519 773 -9241 Fax: 519- 773 -9014 Ministere des Richesses naturolles 615, rue John Nord Aylmer ON N5H 2S8 Tel: 519- 773 -9241 Telec: 519- 773 -9014 March 2, 2011 Attention: Norma Bryant, Clerk, Municipality of West Elgin Dear Norma, a 20 -metre radius around eastern flowering dogwood; ft Ontario Subject: Proposed Habitat Regulation under the Endangered Species Act, 2007 for Eastern Flowering Dogwood Ontario is home to more than 30,000 species. Most have stable populations, but some plants and animals are disappearing and some are already extinct. Currently, more than 200 species in Ontario are considered "at risk" because of habitat loss, pollution, competition from invasive species, climate change and over harvesting. The loss of a single species can have an effect on the entire ecosystem. If we all work to conserve Ontario's biodiversity, we can protect the Tong -term health of our province, and improve the quality of life for ail living things in Ontario. The Ministry of Natural Resources (MNR) is working with people across the province to protect and recover Ontario's at -risk plants and animals. That is the aim of the Endangered Species Act, 2007 (ESA), which came into force in June 2008. This letter is sent to inform you that the MNR is contacting specific landowners and land managers within your municipal boundaries who may have habitat for eastern flowering dogwood on or in the vicinity of their properties. Eastern flowering dogwood is an endangered tree found in open woods, forest edges and fencerows in southwestern Ontario. The MNR is developing a regulation that explains what the protected habitat is for eastern flowering dogwood, and we are currently seeking input on the content of the proposed regulation. MNR is proposing that the following types of areas be protected in a habitat regulation for eastern flowering dogwood: the area that supports the growth of eastern flowering dogwood (for example part of a forested area that supplies the shade, soil or moisture conditions necessary for dogwood to grow); cultivated varieties of eastern flowering dogwood would be excluded unless they were developed from disease- resistant eastern flowering dogwood plants that are native to Ontario or an adjacent state. The proposed habitat regulation under the ESA for eastern flowering dogwood is currently available on the Environmental Registry for public comment at www.ebr.gov.on.ca [Registry 011 2471]. Comments may be made online through the Environmental Registry or you can submit them in writing to: Glenn Desy, Species at Risk Habitat Biologist, MNR, 300 Water Street, Peterborough, ON, K9J 8M5 sar. hab itat @ontario. ca Comments may also be sent by fax to (705) 755-566 by April 4, 2011. if you have questions or should you receive questions from landowners or land managers within your jurisdiction about eastern flowering dogwood, its habitat, and /or protection under the ESA, please ask them to contact Kate Maclntyre, SAR Biologist of MNR Aylmer District office at (519 773 -4745 or kate.macintyreontario.ca). We appreciate your comments on this proposal and hope you share our interest in Ontario's species at risk. We will contact you again when a habitat regulation has been approved for this species. Mitch Wilson District Manager Ministry of Natural Resources, Aylmer District Enclosures: Eastern Flowering Dogwood Fact Sheet Endangered Species Act 2007 brochure 14 -075 2 Eastern Flowering Dogwood produces snowy flowers in the spring just as the leaves begin to develop. Large, white, petal -like leaves surround the tiny flowers and make Clem obvious targets for insect pollinators. i 'a b itat Eastern Flowering Dogwood grows under taller trees in mid -age to mature deciduous or mixed forests, It most commonly grows on floodplains, slopes, bluffs and in ravines, and is also sometimes found along roadsides and fencerows. 1 greats Protection Eastern Flowering Dogwood is a fairly common species in the core of its range in the middle and southern United States. In Canada, it can only be found in southern Ontario in the Carolinian Zone (the small area of Ontario southwest of Toronto to Sarnia down to the shores of Lake Erie). Dogwood anthracnose fungus is the primary threat to the species. This fungus first attacks the leaves of the tree, then spreads through the twigs and trunk. Mortality of infected trees usually ranges from 25 -75% and has had a devastating impact on Eastern Flowering Dogwood populations. Habitat loss and fragmentation (when habitat is broken into smaller segments) are also serious threats to the species. Eastern Flowering Dogwood and its habitat are protected under Ontario's Endangered Species Act. For more information on legislation that helps protect Ontario's species at risk visit ontario.ca /speciesatrisk. Provincial Status: Endangered The Ministry of Natural Resources tracks species at risk such as Eastern Flowering Dogwood. You can use a handy online form to report your sightings to the Natural Heritage Information Centre. Photographs with specific locations or mapping coordinates are always helpful! nhic.mnr.gov.on.ca Report any illegal activity related to plants and wildlife to 1- 877 TIPS -MNR (847 7667). Volunteer with your local nature club, stewardship council or provincial park to participate in surveys or stewardship work focused on species at risk. www.ontariostewardship.org Populations of many insects that pollinate plants are declining around the world. For information on how you can easily give insect pollinators a helping hand visit: www.seeds.ca /proj /poll. The bright red fruit of this tree Is poisonous to humans but can be eaten by ovar 50 species of bid's and small mammals. These animals help distribute Eastern Flowering Dogwood seeds throughout forests. Eastern Flowering Dogwood can look similar to the more common Alternate- leaved Dogwood. Don't be fooled! As its name suggests, the Alternate- leaved Dogwood has leaves occurring singly along the branch (an arrangement ref erred to as 'alternate') whereas Eastern Flowering Dogwood has leaves arranged in pairs ('opposite' leaf arrangement} and also has distinguishing bright red, shiny berries. Aboriginal people used Eastern Flowering Dogwood for medicinal purposes and used the wood for carving and making tools. Early settlers also sought after the tree's dense, fine grained wood. For additional information: Visit the species at risk website at o nta ri o ca /spec i e satri sk Contact your MNR district office Contact the Natural Resources Information Centre 1 -800- 667 -1940 TTY 1- 866 686 -6072 mnr.nric.mnr@ontario.ca ontario.ca /mnr Queen's Printer for Ontario 2010 '99RSERVATiOR A91N9RITY DRINKING WATER,- SOURCE PROTECTION AC7 FOR CLEAN WATER March 7, 2011 Municipality of West Elgin P.0 Box 490 22413 Hoskin Line Rodney, ON NOL 2C0 Norma Bryant, Clerk Re: Notice Under 0. Reg. 287/07 Source Protection Plan Preparation for Drinking Water Source Protection in the Thames Sydenham and Region Source Protection Region. This letter provides notice, as is required by the Clean Water Act, Ontario Regulation 287/07 Section 19, that the Thames Sydenham and Region Source Protection Committee is commencing with the development of Source Protection Plans for the St. Clair Region, Lower Thames Valley and Upper Thames River Source Protection Areas. These plans must address activities that are defined by the Act as Significant Drinking Water Threats to ensure that a specific activity does not pose a significant risk to the municipal drinking water. Source Protection Plans will build on the science of the Assessment Reports, which identify vulnerable areas where drinking water sources might be at risk of contamination or depletion. There are many tools available to reduce threats to drinking water. Some threats could be reduced through voluntary action by landowners or with assistance from subsidy and cost -share programs. Other threats can be addressed through an education and outreach effort. Some threats may be addressed through regulatory tools. Existing regulatory processes (such as permits, approvals, orders, zoning bylaws, official plans and provincial instruments) will be used where possible. A Risk Management Plan is a new tool that allows the municipality's risk management official and the landowner to negotiate a risk reduction which satisfies the Source Protection Plan. Over the next year and a half, the Source Protection Committee will be developing the Plan with extensive public and stakeholder input. Municipalities are being invited to participate in a Source Protection Municipal Advisory Committee. Municipalities who are identified in the Source Protection Plan as having implementation responsibilities will be engaged during pre consultation on policies. Further, municipalities will have an opportunity to comment on the draft proposed and proposed Source Protection Plans. The committee values early stakeholder involvement in the development of the Source Protection Plan. Lower Thames Valley Conservation Authority 100 Thames Street, Chatham, Ontario, N7L 2Y8 phone 519 -354 -7310, fax 519 352 -3435 St. Clair Region Conservation Authority 205 Mill Pond Cres., Strathroy, Ontario, N7G 3P9 phone 519 245 -3710, fax. 519 245 -3348 http://www.sourcewaterprotection.on.cal MIJNICO LITY OF WEST ELGIN F+c i:IYIR c i in. o .a 1 13 2011 Upper Thames River Conservation Authority 1424 Clarke Road, London, ON N5V 5B9 phone 519- 451 -2800, fax 519 -451 -1188 COi1SEFYAT104 AOTPOPITY e DRINKING WATER SOURCE PROTECTION ACT FOR CLEAN WATER Letters are being sent to all landowners that may be engaging in activities which could be a significant threat to municipal drinking water sources (as identified in the Assessment Reports) notifying them of the commencement of the development of Source Protection Plans for the region. A copy of the letter is attached. If you have any questions, please contact Chris Tasker, Program Manager at 519 451 -2800 ext. 238 or by email at taskerc @thamesriver.on.ca Sincerely, ft/f-iffr Bob Bedggood, Chair Thames Sydenham and Region Source Protection Committee Lower Thames valley Conservation Authority 100 Thames Street, Chatham, Ontario, N7L 2Y8 phone 519- 354 -7310, fax 519- 352 -3435 St. Clair Region Conservation Authority 205 Mill Pond Gres., Strathroy, Ontario, N7G 3P9 phone 519 245 -3710, fax. 519- 245 -3348 http:// www .sourcewaterprotection.on.ca/ Upper Thames River Conservation Authority 1424 Clarke Road, London, ON N5V 5B9 phone 519- 451 -2800, fax 519 -451 -1188 CONSERVATION AL'7N0E1T?! 1 DRINKING WATER SOURCE PROTECTION ACT FOR CLEAN WATER Letter to Landowner Dear: This letter serves the following purpose: 1. Provides notice that the process for developing Source Protection Plans is commencing 2. Indicates ways for you to become involved in reviewing future discussion papers 3. Includes information on stewardship grant programs 4. Requests information about actions on your property already being done as part of existing regulations that may address the potential significant drinking water threat This letter provides notice, as is required by the Clean Water Act, Ontario Regulation 287/07 Section 19, that the Thames Sydenham and Region Source Protection Committee is commencing the development of Source Protection Plans for the St. Clair Region, Lower Thames Valley and Upper Thames River Source Protection Areas. These plans must address activities that are defined by the Act as Significant Drinking Water Threats to ensure that a specific activity does not pose a significant risk to the municipal drinking water. Source Protection Plans will build on the science of the Assessment Reports, which identify vulnerable areas where drinking water sources might be at risk of contamination or depletion. The Committee is notifying landowners that may be engaging in activities which could be a significant threat to municipal drinking water sources, as identified in the Assessment Report developed in 2010. Therefore you are receiving this notification because the Source Protection Committee believes that there could be activities on your property that appear to be a "significant" threat to drinking water. Landowners with "significant threat" activities on their property will be required to follow Source Protection Plan policies. The process for developing these policies is starting and the Clean Water Act requires that the Source Protection Committee notify you now that we are entering the Plan development stage. Examples of things that could be a "significant threat" in a highly vulnerable area include septic systems, fuel storage, manure spreading, handling or storage of road salt or application of pesticides. In Attachment #1 you will find a table of significant threats believed to be occurring in this wellhead protection area. Source Protection Plans are required to contain policies that manage significant threats to municipal supplies of drinking water and ensure that no new significant threats can occur. Lower Thames Valley Conservation Authority 100 Thames Street, Chatham, Ontario, N7L 2Y8 phone 519- 354 -7310, fax 519 352 -3435 St. Clair Region Conservation Authority 205 Mill Pond Cres., Strathroy, Ontario, N7G 3P9 phone 519 245 -3710, fax. 519 -245 -3348 http:// www .sourcewaterprotection.on.ca/ Upper Thames River Conservation Authority 1424 Clarke Road, London, ON N5V 5B9 phone 519- 451 -2800, fax 519- 451 -1188 1 SOURCE PROTECT DRINKING WATER -ON ACT FOR CLEAN WATER Over the course of the next year, the Source Protection Committee will be working to develop discussion papers which outline policy options for the Source Protection Plans. The Committee will use these as a base in writing the Source Protection Plans. We invite you to join us to review the draft proposed policies during the later part of 2011. If interested please complete and return the attached form. There are many tools available to reduce threats to drinking water. Some threats could be reduced through voluntary action by landowners or with assistance from subsidy and cost -share programs. Information about the Ontario Drinking Water Stewardship Early Response Grant Program has been included in this package. Other threats can be addressed through an education and outreach effort. Some threats may be addressed through regulatory took. Existing regulatory processes (such as permits, approvals, orders, zoning bylaws, official plans and provincial instruments) will be used where possible. A Risk Management Plan is a new tool that allows the municipality's risk management official and the landowner to negotiate a risk reduction which satisfies the Source Protection Plan. It is important to note that the policies developed in the plan may affect activities on property that you own as they relate to the significant risk(s) identified (Attachment #1). If your property is being used by another individual or group, please pass this information on to them and or notify us with the correct contact information and we will be pleased to send it along. The Source Protection Committee is required to ask if you are engaged in an activity that is regulated by a provincial instrument (permit, certificate or license issued by the province) prescribed by the regulation. Please see Attachment #2 for a list of the relevant provincial instruments. Please fill out and return the bottom of this form so that we are aware of your existing efforts to manage these risks. It is to your advantage to fill out the form. Public input enhances the development of the Source Protection Plan. Over the next year and a half, the Source Protection Committee will be developing the Plan with extensive public and stakeholder input. If you have any questions about this letter, or source protection planning policy development, please contact Teresa Hollingsworth at 519- 451 -2800 ext. 226. ft/fairx Bob Bedggood Chair, Thames Sydenham and Region Source Protection Committee Lower Thames Valley Conservation Authority 100 Thames Street, Chatham, Ontario, N7L 2Y8 phone 519- 354 -7310, fax 519 352 -3435 St. Clair Region Conservation Authority 205 Mill Pond Cres., Strathroy, Ontario, N7G 3P9 phone 519 -245 -3710, fax. 519 -245 -3348 http:// www .sourcewaterprotection.on.ca/ FIPTVMMIU COASEHVATIOV AUEHOA3 {Y Upper Thames River Conservation Authority 1424 Clarke Road, London, ON N5V 589 phone 519- 451 -2800, fax 519 -451 -1188 L P C. Box 3 15, Rodney, ON NOL ?CO March 9, 2011 Mayor and Members. of Council C/o Ms. Norma Bryant, Clerk The Municipality of West Elgin 22413 -T7oskins Line, Box 490 Rodney, Ontario NOL 2C0 Dear Mayor Wiehle and. Council: Mayor Wiehle has requested we document our concerns about the potential new development project at Port Glasgow. At this time first and foremost is our objection to the proceedings that the Municipality of West Elgin has undertaken in declaring municipal lands surplus along Havens Lake Road: There will be opportunities up coming to comment on actual Seaside Development's plans at a later date. This letter is a follow up to the binder all council received on around March 3rd, 2011. The issue is that on September 3, 2010 the municipal council of the day forged ahead declaring certain lands along Havens Lake Road Surplus, with the intent of transferring this land to Seaside Developments to be used for commercial purposes. The Port Glasgow Yacht Club (PGYC) has provided to the Municipality of West Elgin (the municipality) many facts by the way of a letter, presentations, and personal communications as to why this land is not surplus and should remain the ownership of the municipality, at least the land on the east and west side of the Havens Lake Road from the top of the hill to the bottom of the hill. The PGYC has provided a copy of the binder to the municipality. It contains some of the various correspondences that identify many of the concerns. The land on the east side of the road could be utilized for car, truck, and trailer parking and be incorporated into the design for the new development but still remain in the municipalities ownership. The municipality has a moral (and faith) obligation as well as a legal obligation to the PGYC. The Moral Responsibility: We will summarize again these points As per the township of Aldborough letter Sept 21, 1995; THE LAND OBTAINED FROM THE HAVENS FAMILY WAS CONTRIBUTED FORA NEW ROAD AND MARINA TO ENHANCE TOURISM AND RECREATION AT PORT GLASGOW. The Havens family did not donate this land only to have it sold by the municipality for commercial purposes! MUTT P LITY OF WEST F. 310. j frAP 9 2611 _C,04h fc THE LAND (FORMER BEATTIE ACCESS PROVINCIAL PARK) OBTA INED. FROM THE PROVINCE OF ONTARIO WAS TO BE COMBINED WITH THE LAND FROM THE HAVENS ESTATE. As per the June 15, 1994 letter from Brian Hallas, Marketing co- ordinator of Real Estate Branch, Province of Ontario. It states "The intent of the transfer is to consolidate the holding to hIl a significant gap or holes in the property IMPROVING IT'S UTILITY AS A PUBLIC ACCESS POINT." In the actual agreement with the province on page 3 under Restrictive Covenant it states, "The purchaser agrees that the land shall be used for free public access to Lake Erie and for municipal parks and recreation purposes only." The PGYC entered into an agreement with the Municipality to repay approximately $250 000. The club had basically no legal responsibility to repay these monies if they could justify using the money elsewhere on the property. The PGYC at times had to forego certain things, but they made sure the money was there for the municipality. They were dealing in good faith. We understand the Municipality of West Elfin adopted a new Official Plan that came into effect on February 7, 2011. It states, "It is the one area along the lakeshore within West Elgin where public access to the lake and views of the lake are greatest.' As you can see the Municipality got everyone involved to make Port Glasgow what it is today at virtually no cost to the Municipality. Many of the deals were done in good faith. In the Township of Aldborough letter on Sept. 21, 1995 they stated, We do not believe that the days of good faith and handshakes are gone Here you have the Province of Ontario Real Estate Branch, the Havens family, the Port Glasgow Yacht Club all stating the lands received should be used for parks and recreation purposes only! Even the Ministry of Municipal Affairs and Housing recognizing how important the view in itself is. Why did the council not heed all these requests on Sept. 23, 2010? They did not even follow the Sept. 23, 2010 staff report prepared by clerk Norma Bryant and treasurer /administrator Joanne Groch. The municipality should be ashamed of itself! Now we get into the legal responsibility. As you know the PGYC and Municipality have this agreement from Dec. 1994. In this agreement the Municipality agreed to a "First Right of Refusal" clause, see 16.3. We all know the agreement was to deal with all land obtained from the MNR, but as per the letter from Brian Hallas on June 15, 1994 the property from Havens and the MNR was to be consolidated to be all one and dealt with as all one. Also in the agreement on page 1 with the PGYC the Township property is described as "and whereas the township corporation owns certain lands in the Township which abut the lands owned by the Yacht Club and intends to acquire others We all were aware the deal with the Havens family is basically done otherwise why would anyone spend over $500 000 on a marina with questionable access? The proof that the Havens land was going to be transferred and part of the agreement is in schedule C in the agreement. It shows the word "new" on the right side of the page some diagonal lines and four oval areas. On schedule C you can not read the description of these two areas. Recently a plan was located that is very clear. It was produced by the Municipal planner Ted Halwa and Associates, Communities, Planners Inc. London, Ontario. The plan is the last page in the binder provided. This plan is very legible. It says "new traveled road It also states on the east side of the new traveled road 17 car and trailer parking and 55 car and trailer parking on the west side of the new traveled road. This plan was produced for the building of the new marina. Someone stated the land for the road was obtained well after the MNR land and should not be part of the agreement. This new information clearly shows it was planned all along as one and it is all covered under the agreement) Basically we understand the Municipality has considered selling or trading parts of the land donated by the Havens family and obtained from the Province, to Seaside. 1. The Municipality should be retaining those lands from the top of the hill on both sides to the bottom of the hill as they were intended for municipal parks and recreation purposes. As stated earlier the land on the east side, from the top of the-hill down, could be incorporated into Seaside's development in the form of parking if all parties could agree. 2. If the Municipality insists on selling these two parcels (which is not desired by the PGYC) the PGYC has the first right of refusal. The new information in Mr. Hallas's letter and the clear evidence in the recently found plan by Ted Hawla (Community Planners Inc.) proved this land is covered by the agreement with the PGYC. Therefore -the Municipality should cease moving forward with the process to transfer any of this property out of municipal ownership. Furthermore, the Municipality has a moral and legal responsibility to rescind the surplus land declaration in light of this new evidence. Until a suitable agreement can be reached with the Yacht Club the land should continue to be owned by the Municipality! Thank you, Terry Foulis President PGYC cc. Mayor Bernie WiehlebwiehlePsympatico.ca Mary Bodnar marybodnar @porchlight.ca Dug Aldred, dugjudy @xplornet.com Richard Leatham jr.leatham @hotmail.com Norm Miller norm.milIer@hotmail.com Ken Strong strong @municipallawyers.ca Elg y CORPORATION OF THE COUNTY OF ELGIN NOTICE OF APPLICATION FOR CONSENT 20II r• e5 APPLICATION NO. E 67/10 PART LOTS 9 10, CONCESSION 14, MUNICIPALITY OF WEST ELGIN TAKE NOTICE that an application has been made by CHARLES AND MICHELLE QUINTYN, 800 Waterloo Street, LONDON, Ontario, N6A 3W4, for a consent pursuant to Section 53 of the Planning Act, 1990, as amended, to sever lands municipally known as 23011 Gray Line, legally described as Part Lots 9 10, Concession 14, Municipality of West Elgin. The applicants propose to sever a lot with a frontage of 70 metres along Gray Line by a depth of 399.8 metres (west lot line), Area 2.8 hectares, proposed to create one residential building lot. The owners are retaining 17.6 hectares containing one house (east retained parcel) and 4.8 hectares (west retained parcel), proposed to remain in residential use, The location of the property is shown on the Key Map below: ADDITIONAL INFORMATION regarding the application is available for inspection daily, Monday to Friday, between 9:30 A.M. and 1:30 P.M., at the County Municipal Offices, 450 Sunset Drive, St, Thomas or at a Public Hearing to be held on: THURSDAY APRIL 28, 2011, at 10:00A.M. in Committee (ORIGINALLY Room #2, County Municipal FEBRUARY fices, u et Drivve St. Thomas. Any person or public body may attend the Public Hearing and /or make written or verbal representation either in support of, or in opposition to the proposed consent. If you wish to be notified of the decision of the Land Division Committee in respect of the proposed co,..sent, you must submit a written request to the Land Division Committee. This will also entitle you to be advised of a possible Ontario Municipal Board Hearing. Even if you are the successful party, you should request a copy of the decision since the Land Division Committee decision may be appealed to the Ontario Municipal Board by the Applicant or another member of the public. If a person or public body that files an appeal of a decision of the Land Division Committee in respect of the proposed consent does not make written submission to the Land Division Committee before it gives or refuses to give a provisional consent, the Ontario Municipal Board may dismiss the appeal, Dated at the Municipality of Central Elgin this 31 day of March 2011. KEY MAP: (not to scale) tie. vuo r, L r: JICINAL!TY OF WEST °_L _iV nn PJE C Susan D. Galloway Secretary- Treasurer Land Division Committee 450 Sunset Drive St, Thomas, Ontario N5R 5V1 Ctunty of Elgin Engineering serviCe6 45O Sunset Drive St Tnoma9, On N5R 5V1 Phone; 516- 831 -145o www,elgncaunryon.ce Piro ressive b Mar. 11. all 9: UUAM rag No. 0863 P. 3 Elgin County CORPORATION OF THE COUNTY OF ELGIN NOTICE OF APPLICATION FOR CONSENT APPLICATION NO. E 25/11 PART LOT 10, CONCESSION BROKEN FRONT, MUNICIPALITY OF WEST ELGIN TAKE NOTICE that an application has been made by EVA MINNIE IRENE NEWPORT, 22085 Gibb Line, R.R. #1, WARDSVILLE, Ontario, NOL 2N0, for a consent pursuant to Section 53 of the Planning Act, 1990, as amended, to sever lands legally described as Part Lot 10, Concession Broken Front, Municipality of West Elgin. The applicant proposes to sever a parcel of land with a width of 697.379 metres along unopened road allowance by a depth of 450.356 metres (south lot line), Area 23.66 hectares, proposed to create one new lot for agricultural use. The owner is retaining 20.68 hectares, proposed to remain in agricultural use. The location of the property is shown on the Key Map below: ADDITIONAL INFORMATION regarding the application is available for inspection daily, Monday to Friday, between 8:30 A.M. and 1 :30 P.M., at the County Municipal Offices, 450 Sunset Drive, St. Thomas or at a Public Hearing to be held on: -MUNICIPALITY Wit. '<VEST ELC IF' in Committee Room #2, THURSDAY APRIL 28, at County Municipal Off Offices, c 450 Sunset Drive, St. Thomas. Any person or public body may attend the Public Hearing and/or make written or verbal representation either in support of, or in opposition to the proposed consent. if you wish to be notified of the decision of the Land Division Committee in respect of the proposed consent, you must submit a written request to the Land Division Committee. This will also entitle you to be advised of a possible Ontario Municipal Board Hearing. Even if you are the successful party, you should request a copy of the decision since the Land Division Committee decision may be appealed to the Ontario Municipal Board by the Applicant or another member of the public. If a person or public body that files an appeal of a decision of the Land Division Committee in respect of the proposed consent does not make written submission to the Land Division Committee before it gives or refuses to give a provisional consent, the Ontario Municipal Board may dismiss the appeal. Dated at the Municipality of Central Elgin this 31 day of March 2011. KEY MAP: (not to scale) Susan D. Galloway Secretary- Treasurer Land Division Committee 450 Sunset Drive St. Thomas, Ontario N5R 5V1 County of Elgin Engineering Services 466 Sunset Drive SL Thomas. OA 1 15 1 15v1 Phone: 51D- 631 -1460 www.eigin{eurtp-. on,oa u L 1 L V I I 7 V 1 x1111 ElginCounty CORPORATION OF THE COUNTY OF ELGIN :'.IiNICIPRSI7Y h' S1 ELGIN 9_CEIVcC NOTICE OF APPLICATION FOR CONSENT E 701 APPLICATION NO. E 26/11 PART LOT 9, CONCESSION 11, MUNICIPALITY OF WEST ELGIN TAKE NOTICE that an application has been made by 571419 ONTARIO LIMITED, 22887 Silver Clay Line, R.R. #3, RODNEY, Ontario, NOL 2CO for a consent pursuant to Section 53 of the Planning Act, 1990, as amended, to sever lands municipally known as 22744 Silver Clay Line, legally described as Part Lot 9, Concession 11, Municipality of West Elgin, The applicant proposes to sever a lot with a frontage of 102 metres along Silver Clay Line by a depth of 76 metres (east lot line) to 13 metres (west lot line), Area 4452 square metres containing one house and one garage, proposed to create one new lot surplus to the needs of the applicant. The owner is retaining 18 hectares, proposed to remain in agricultural use. The location of the property is shown on the Key Map below: ADDITIONAL INFORMATION regarding the application is available for inspection daily, Monday to Friday, between 8 :30 A.M. and 1:30 P,M., at the County Municipal Offices, 450 Sunset Drive, St. Thomas or at a Public Hearing to be held on: in Committee Room #2, County Municipal Offices, 450 Su set Drive, St. Thomas. Any person or public body may attend the Public Hearing and/or make written or verbal representation either in support of, or in opposition to the proposed consent. if you wish to be notified of the decision of the Land Division Committee in respect of the proposed consent, you must submit a written request to the Land Division Committee. This will also entitle you to be advised of a possible Ontario Municipal Board Hearing. Even if you are the successful party, you should request a copy of the decision since the Land Division Committee decision may be appealed to the Ontario Municipal Board by the Applicant or another member of the public. If a person or public body that files an appeal of a decision of the Land Division Committee in respect of the proposed consent does not make written submission to the Land Division Committee before it gives or refuses to give a provisional consent, the Ontario Municipal Board may dismiss the appeal, Dated at the Municipality of Central Elgin this 31 SE day of March 2011, KEY MAP: not to cale No. 0863 P. 4 Susan D. Galloway Secretary- Treasurer Land Division Committee 450 Sunset Drive St. Thomas, Ontario N5R 5V1 County of Elgin Engineering Services 450 Svnaet Drive St Thomas, On N5R 5V1 phone; 519. 631.1460 WI.M.eIgin countyon,ce rlai. LI. LUII Y;V H4YI LANDS N5R 5V1 No. 0863 P, 5 7 ■:46: 1 S: ElginCoun CORPORATION OF THE COUNTY OF ELGIN NOTICE OF APPLICATION FOR CONSENT APPLICATION NO. E 28111 PART LOT 9, CONCESSION 1 WESTERN DIVISION, MUNICIPALITY OF WEST ELGIN TAKE NOTICE that an application has been made by GEORGE AND JOAN BEAUREGARD, (Victor Matos Purchaser), 22102 Gibb Line, WARDSVILLE, Ontario, NOL 2N0, for a consent pursuant to Section 53 of the Planning Act, 1990, as amended, to sever lends municipally known as 22102 Gibb Line, WARDSVILLE, Ontario, NOL 2N0, legally described as Part Lot 9, Concession 1 Western Division, Municipality of West Elgin. The applicants propose to sever a lot with a frontage of 70 metres along Gibb Line by a depth of 275 metres, Area 4.75 acres containing one house and three metal sheds, proposed to create one new lot for rural residential use. The owners are retaining 45 acres, proposed to remain in agricultural use. The location of the property is shown an the Key Map below: ADDITIONAL INFORMATION regarding the application is available for inspection daily, Monday to Friday, between 8:30 A.M. and 1:30 P.M., at the County Municipal Offices, 450 Sunset Drive, St. Thomas or at a Public Hearing to be held on: E.UNiCIPALITY OF WEST ELG N eA 'T 2Ui in Committee Room #2, County Municipal Offices, 460 Sunset Drive, St. Thomas. Any person or public body may attend the Public Hearing and/or make written or verbal representatici either in support of, or in opposition to the proposed consent. If you wish to be notified of the decision of the Land Division Committee in respect of the proposed consent, you must submit a written request to the Land Division Committee. This will also entitle you to be advised of a possible Ontario Municipal Board Hearing. Even if you are the successful party, you should request a copy of the decision since the Land Division Committee decision may be appealed to the Ontario Municipal Board by the Applicant or another member of the public. If a person or public body that files an appeal of a decision of the Land Division Committee in respect of the proposed consent does not make written submission to the Land Division Committee before it gives or refuses to give a provisional consent, the Ontario Municipal Board may dismiss the appeal. Dated at the Municipality of Central Elgin this 31 day of March 2011. KEY MAP: not to scale) Susan D. Galloway Secretary Treasurer SUBJECT Land Division Committee O 450 Sunset Drive St. Thomas, Ontario County of Elgin Engineering Services 450 Sunset Drive St Tomas. On N5P 5V1 Phone: 519- 691 -ia6O www. e l g i n.co un ry. o n.f, e