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June 23, 2011
MUNICIPALITY OF WEST ELGIN AGENDA COUNCIL MEETING JUNE 23, 2011 Council Chambers, West Elgin Municipal Building DISCLOSURE OF PECUNIARY INTEREST APPROVAL OF AGENDA DELEGATIONS: 9:30 a.m. Public Meeting Zoning Amendment 14036 Blacks Road (Presbyterian Church of Canada) (Al B1) Public Meeting Zoning Amendment Queen Harper, Rodney (Slaats) (A2) Public Meeting Zoning Amendment 21554 Johnston Line (Kearns) (A3 B2) Port Glasgow Yacht Club temporary shelters 1:30 p.m. Consideration Meeting Kalita /Pfeiffer Drain 2:00 p.m. Helen Okolisan Drainage issues 2:30 p.m. Consideration Meeting Talbot Line Drain 3:00 p.m. 2011 Budget PLANNING: (B1- B7) 1.* Report re: Zoning Amendment -14036 Blacks Road 2.* Report re: Zoning Amendment 21554 Johnston Line 3.* Proposed severance: Lot 16, Concession 10 (Hay) 4.* Revised OMB decision Presbyterian Church, Rodney 5. Amendment to Douglas Property Leasing site plan agreement 6. intech Clean Energy proposed renewable energy project 7. Closed Session by -law infraction, land disposition June 23111 Page 2 REPORTS: (C1 -C7) 1. ROADS 2. RECREATION 3. BUILDING 4. WATER 5. DRAINS 6. WEST ELGIN PRIMARY SYSTEM 7. ADMINISTRATION a) *Report re: King Street CORRESPONDENCE: (D1 -D3) 1.* Elgin County Land Division Committee severance application (Buurma) 2. Bike Lane Petition (Furnival Road from Pioneer Line to Aldborough Public School) 3.* Elgin County Report re: Fuel Surcharge BY -LAWS By -law No. 2011 -38 By -law No. 2011 -39 By -law No. 2011 -40 By -law No. 2011 -41 By -law No. 2011 -42 By -law No. 2011 -43 By -law No. 2011 -44 By -law No. 2011 -45 OTHER BUSINESS: (El) 1. AMO Conference delegations *Information enclosed Kalita /Pfeiffer Drain (first second reading only) Talbot Line Drain (first second reading only) Dedicate road allowance (part of King Street) Rezoning Lot 3, Con 5WD (Brown) Rezoning 167 170 Harper St, 166 Queen Street (Slaats 509692 Ontario Ltd.) Rezoning Lot 7, Con. 2 (Kearns) Changes to Human Resources Policy Amending Site Plan Agreement (Douglas Property Leasing) June 23111 Page 3 CONFIRMING BY -LAW ADJOURNMENT NEXT MEETINGS June 30, 2011 Special Budget Meeting July 21, 2011 Council August 11, 2011 Council MUNICIPALITY OF WEST ELGIN NOTICE OF PUBLIC MEETING ZONING BY -LAW AMENDMENT Presbyterian Church of Canada (Gary Darlene Brown, applicants) 14036 Blacks Road DATE TIME: 9:30 a.m. Thursday, June 23rd, 2011. LOCATION: West Elgin Municipal Building 22413 Hoskins Line north of the Village of Rodney. PURPOSE: To consider a proposed amendment to the Zoning By -law to permit the conversion of a building formerly used as a church for residential purposes. The proposed amendment would change the zoning of lands Tying on the east side of Blacks Road south of Kintyre Line, comprising part of Lot 3, Concession V, from the Institutional (I) Zone to the Rural Residential Three (RR3) Zone. The applicants are seeking the re- zoning to permit the conversion of a former church that is situated on the lands to residential purposes. The lands comprise an area of 2,266 square metres (0.6 acres), a frontage of 56.3 metres (185 ft) and a depth of 40.2 metres (132 ft). The parcel is occupied by the former Kintyre Presbyterian Church which, until several years ago, had functioned as a place of worship since about 1920. The use of the church as a place of worship has officially ceased and the building lies vacant. The permitted uses of the RR3 zone include a single unit detached dwelling, a bed and breakfast establishment, a home occupation and an accessory use. The lot, which pre -dates the Zoning By -law, would satisfy the minimum lot area and minimum lot frontage requirements (1,850 sq. m. and 30 m respectively) of the RR3 zone. A 'site specific' Residential First Density (RR3 zoning will be considered to include a "dwelling" as a permitted use, being defined as follows: DWELLING, shall mean a building, occupied or capable of being occupied exclusively as a home, residence or sleeping place by one or more persons, but shall not include hotels, boarding houses, rooming houses, motels, institutions or mobile homes. (Section 2.33) DATED AT RODNEY this 1 day of June, 2011. J vc lC. Norma Bryant Clerk pL The subject lands are designated 'Agricultural' in the West Elgin Official Plan. The proposed amendment is considered to be in conformity with the Plan. ANY PERSON may attend the public meeting and /or make a written or verbal representation either in support of, or in opposition to, the proposed amendment. IF A PERSON OR PUBLIC BODY that files an appeal of a decision of the Council of the Corporation of the Municipality of West Elgin in respect of the proposed zoning by -law does not make oral submissions at a public meeting or make written submissions to the Council of the Corporation of the Municipality of West Elgin before the proposed zoning by -law is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. ADDITIONAL INFORMATION relating to the proposed amendment is available between 9:00 a.m. and 4:00 p.m. at the Municipal Office or from the Municipal Planner, Mr. Ted Halwa, at (519) 963 -1028 (London, Ontario). THE information and material required under Sections 34(10.1) and 34(10.2) of the Planning Act have been provided and this shall serve as sufficient notice of same under Section 34 (10.4) of the Act. Municipality of West Elgin 22413 Hoskins Line P.O. Box 490 Rodney, Ontario NOL 200 Telephone: (519) 785 -0560 Fax: (519) 785-0644 Email: nbrvantwestelgin.net APPL ICATOON FORA ZONING BY -LAW AMENDMENT P212011 Trustee Board of the Presbyterian Church of Canada (Owner) Gary Darlene Brown (Applicant) 14036 Blacks Road, Rodney Part of Lot 3, Concession 5 Western Division (Aldborough) Municipality of West Elgin Mum idpalatty off EST ELGIN 1 ZONING Al AGRICULTURAL I INSTITUTIONAL Municipality of l BF Southwest Middlesex BEATTIE LINE c N C !.L Z FLEMING LINE VI A B C IX X Q I ceI zI 0 21 ix fi I XI Y 1 0 r 2 I XII IXIV GIBB LINE JOHNSTON LINE Al LOT 2 AIR PHOTO: 2006 LANDS PROPOSED TO BE RE -ZONED TO SITE SPECIFIC' RURAL RESIDENTIAL THREE (RR-#) West Lorne 19 20 21 1 CONCESSIQN WESTERN'OIVISION KINTYRE 22 23 24 f LAKE ERIE l DATE TIME: LOCATION: PURPOSE: MUNICIPALITY OF WEST ELGIN NOTICE OF PUBLIC MEETING ZONING ;Y -LAW AMENDMENT 509692 Ontario Limited (John Diane Slants) 167 170 Harper Street, 166 Queen Street Village of Rodney 9:30 a.m. Thursday, June 23" 2011. West Elgin Municipal Building 22413 Hoskins Line north of the Village of Rodney. To consider a proposed amendment to the Zoning By -law to permit the use of lands for the purposes of single unit dwellings. The proposed amendment would change the zoning of lands lying on the south side of Queen Street west of Furnival Road in the Village of Rodney from the Central Commercial (C1) Zone to the Residential First Density (R1) Zone to permit their development for residential purposes; namely, the erection of five single unit detached dwellings. A previous proposal by the owner considered at a public meeting on January 28 2010 to erect five semi- detached dwellings on the lands has since been abandoned. The subject lands comprise two parcels separated by Harper Street. The northernmost parcel (167 Harper Street and 166 Queen Street) has a frontage of 37.2 metres (122 ft) on both Queen Street and Harper Street, a depth of 63 metres (206.5 ft) and an area of 2,341 square metres (25, 200 sq ft). The southernmost parcel (170 Harper Street) has a frontage of 20 metres (66 ft) on Harper Street, a depth of 35.5 metres (116 feet) and an area of 1,318 square metres (14,187 sq ft). The lands are vacant and were, until about 2006, occupied by a machine shop and an egg processing facility (Lashbrook Egg Products). A Record of Site Conditions has now been completed for the lands given their previous use for industrial purposes. The owner proposes to construct five, one storey single unit detached dwellings on the two parcels four of which would occupy the northernmost parcel and one of which would occupy the southernmost parcel. Consideration will also be given to applying a `site specific' (i.e. R1-#) zoning to permit a reduction in the minimum lot area, minimum lot depth, front yard depth and minimum setback from a municipal drain. Use of the holding (H) symbol would prevent premature development of the lands until such time as an agreement is executed between the owner and the Municipality. The subject lands lie on the periphery of the 'Downtown Core' in the 'Village Area' of Rodney in the West Elgin Official Plan. ANY PERSON may attend the public meeting and/or make a written or verbal representation either in support of, or in opposition to, the proposed amendment. IF A PERSON OR PUBLIC BODY that files an appeal of a decision of the Council of the Corporation of the Municipality of West Elgin in respect of the proposed zoning by -law does not make oral submissions at a public meeting or make written submissions to the Council of the Corporation of the Municipality of West Elgin before the proposed zoning by -law is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. ADDITIONAL INFORMATION relating to the proposed amendment is available between 9:00 a.m. and 4:00 p.m. at the Municipal Office or from the Municipal Planner, Mr. Ted Halwa, at (519) 963 -1028 (London, Ontario). THE information and material required under Sections 34(10.1) and 34(10.2) of the Planning Act have been provided and this shall serve as sufficient notice of same under Section 34 (10.4) of the Act. DATED AT RODNEY this 1 day of June, 2011. Norma Bryant Clerk Municipality of West Elgin 22413 Hoskins Line P.O. Box 490 Rodney, Ontario NOL 2CO Telephone: Fax: Email: (519) 785 -0560 (519) 785 -0644 nbryant©westelgin.net a APPUUC 1, TOON F R A ZCN NG BY-LAW AMEND P7/2009 509692 Ontario Ltd. (John Diane Slaats) 166 Queen Street 167 170 Harper Street, Rodney Municipality of West Elgin Music pality of WEST ELGIN MEI MI= Mnal E 22 cm E- rill -rt�a. rra� 11111 i■Ii e =mom= A y III llllll� n: •ii =�•I _tea CONCESSION VII i PIONEER LINE CONCESSION IX Ei j i Z ONING C1 CENTRAL COMMERCIAL R9 RESIDENTIAL FIRST DENSITY R3 RESIDENTIAL THIRD DENSITY AIR PHOTO: 2006 LANDS PROPOSED TO BE RE -ZONED TO RESIDENTIAL FIRST DENSITY (RI) 1:12,000 LOT 9 Metres 0 150 300 450 600 DATE TIME: 9:30 a.m. Thursday, June 23` 2011. MUNICIPALITY OF WEST ELGIN NOTICE OF PUBLIC MEETING ZONING BY -LAW AMENDMENT Michael Kearns 21554 Johnston Line LOCATION: West Elgin Municipal Building 22413 Hoskins Line north of the Village of Rodney. PURPOSE: To consider a proposed amendment to the Zoning By -law to permit the creation of a lot occupied by a single unit dwelling and outbuildings. The proposed amendment would change the zoning of lands lying on the north side of Johnston Line (County Road No. 6) west of Furnival Road (County Road No. 103), comprising part of Lot 7, Concession II, from the Agricultural (A1) Zone and the Extractive Industrial (M3) Zone to the Special Agricultural (A2) Zone. The re- zoning would permit the creation of a residential lot from a larger parcel used for agricultural purposes as well as the extraction of aggregate. The lands proposed to be rezoned Special Agricultural (A2) comprise the easterly and northerly portions of a lot proposed to be created having an area of 8,013 square metres (2.0 acres), a frontage of 109 metres (357 ft) and a depth of 74.5 metres (244 ft). The parcel is occupied by an older single unit dwelling, barn and detached garage. No change in use is proposed. The westerly portion of the parcel is already zoned A2. The Municipality of West Elgin is in the process of acquiring a portion of Mr. Kearns lands for the purposes of expanding a licensed gravel pit which it owns and operates abutting the subject lands to the north. The pit expansion is proposed on abutting lands to the east. A consent to create the residential lot is not required in this instance insofar as the lands are being acquired by the Municipality. The subject lands are designated `Agricultural' in the West Elgin Official Plan. The proposed amendment is considered to be in conformity with the Plan. ANY PERSON may attend the public meeting and/or make a written or verbal representation either in support of, or in opposition to, the proposed amendment. IF A PERSON OR PUBLIC BODY that files an appeal of a decision of the Council of the Corporation of the Municipality of West Elgin in respect of the proposed zoning by -law does not make oral submissions at a public meeting or make written submissions to the Council of the Corporation of the Municipality of West Elgin before the proposed zoning by -law is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. ADDITIONAL INFORMATION relating to the proposed amendment is available between 9:00 a.m. and 4:00 p.m. at the Municipal Office or from the Municipal Planner, Mr. Ted Halwa, at (519) 963 -1028 (London, Ontario). THE information and material required under Sections 34(10.1) and 34(10.2) of the Planning Act have been provided and this shall serve as sufficient notice of same under Section 34 (10.4) of the Act. DATED AT RODNEY this 1 day of June, 2011. Norma Bryant Clerk Municipality of West Elgin 22413 Hoskins Line P.O. Box 490 Rodney, Ontario NOL 2CO Telephone: (519) 785 -0560 Fax: (519) 785 -0644 Email: nbryanawestelgin.net APPLICATION FORA ZONING BY -LAW AMENDMENT: P312011 Michael Kearns 21554 Johnston Line Part of Lot 7, Concession 11 (Aldborough) Municipality of West Elgin Municipality of WEST ELGIN 2 I I 0 5 0 Municipality of BF 1 1 Southwest Middlesex BEATTIE LINE c 1 ====4 FLEMING LINE C VI V,I &VII 111 A B IX 104 c G1BB LINE MCLEAN LINE KINTYRE LINE MCDOUGALL LINE HOSKINS LINE DOWNIE LINE MCMILLAN LINE PIONEER LINE p I O THOMSON LINE at 1 Z1 0 re Fri I c J co w I XI CLAY LINE d U E x m LL I xII I TALBOT LINE [103 X 103 New Glasgow Port Glasgow re Z o 2 LL C Rodney QUEENS LINE 7 8 9 10 11 12 ZONING Al AGRICULTURAL A2 SPECIAL AGRICULTURAL M3 EXTRACTIVE INDUSTRIAL JOHNSTON LINE 1AI� AIR. PHOTO: 2008 Al CONCESSION III LANDS PROPOSED TO BE RE -ZONED TO SPECIAL AGRICULTURAL (A2) SUBJECT LANDS NOTE: ALL PROPERTY BOUNDARIES ARE APPROXIMATE 104 LAKE ERIE 13 14 15 1 16 1 17 i 18 GRAY LINE a O 2 Q T 76 Eagle West Lorne 19 20 21 22 23 24 L 1:100,000 Metres 0 1,250 2,500 3,750 5,000 i °1: 20 June, 2011 MEMORANDUM TO: Men.bers of Council Municipality of West Elgin FROM: Ted L. Halwa SUBJ: Application for a Zoning By -law Amendment: Presbyterian Church of Canada (Gary Darlene Brown, applicants) 14038 Blacks Road (Part of Lot 3, Concession V) east side of Blacks Road south of Kintyre Line Aldborough 1. PURPOSE 2. SITE CHARACTERISTICS (Figure 1) #0008!2030 an amendment to the Township of Aldborough Zoning By -law to re -zone an existing lot from Institutional (I) to 'site- specific' Rural Residential Three (RR3 -18) to permit the conversion of a former church to residential purposes. the subject lands comprise an area of 2,266 square metres (0.6 acres), a frontage of 56.3 metres (185 feet) and a depth of 40.2 metres (132 feet). The parcel is occupied by the former Kintyre Presbyterian Church which, until several years ago, functioned as a place of worship since about 1920. The use of the church as a place or worship has officially ceased and the building lies vacant; the intended purchasers of the parcel, Gary and Darlene Brown, propose to convert the church for residential use. Their accepted offer to purchase is conditional upon, amongst other matters, proper zoning being in place; neighbouring lands are characterized predominantly by agricultural uses. Rural residential development in the area is scattered and limited. Farm buildings and structures situated northwest of the subject lands are evidently not used to accommodate livestock; access to the parcel is provided by means of an existing entrance from Blacks Road. The lands are Presbyterian Church of Canada (G. D. Brown, applicants) ZBA Municipality of West Elgin 20 June, 2011 page 2 serviced by an on -site well and an on -site septic tank and tile field system. The applicants are in the process of determining whether upgrading of these systems is required and are working with the Chief Building Official to determine what, if any, upgrades are required to the former church for use as a residence; the former parking area situated south of the building has since reverted back to landscaped open space and is proposed to remain as such with the possible exception of a 2 -bay detached garage being contemplated by the intended owners. 3. ISSUES ANALYSIS #0008/2030 under the West Elgin Official Plan, the following policy is relevant to the situation at hared: while the Provincial Policy Statement (PPS) does not specifically address the situation at hand, it does state that significant built cultural heritage resources shall be conserved; Some existing uses of land may not satisfy the land use designations and policies of this Plan. To prevent undue hardship, these uses may be zoned as conforming uses in the Zoning By -law provided: The use does not constitute a danger, nuisance, or a blight with respect to neighbouring uses by virtue of its characteristics or the traffic which it generates; Any extension or enlargement of the use shall not be permitted if such extension or enlargement would be detrimental to neighbouring uses; Any change of use is compatible with the quality and character of neighbouring uses; and Where any such use is located in a Hazardous Land' area, any reconstruction, extension or enlargement of such use shall be first approved by the Lower Thames River Conservation Authority. (Section 10.5.2) in this instance, the proposed change of use from institutional to residential is capable of satisfying the key afore -noted requirement that the change in use would be compatible with the quality and character of neighbouring uses; the subject lands are zoned Institutional (I) in the Township of Aldborough Zoning By -law. A dwelling is not a permitted use of the 1 zone. A re- zoning to 'site- specific' Rural Residential Three Presbyterian Church of Canada (G. D. Brown, applicants) ZBA Municipality of West Elgin 20 June, 2011 page 3 #0008/2030 (RR3 would be appropriate in this instance. The permitted uses of the RR3 zone include a single unit detached dwelling, a bed and breakfast establishment, a home occupation and an accessory use. The lot, which pre -dates the Zoning By -law, would satisfy the minimum tot area and minimum lot frontage requirements (1,850 sq. m. and 30 m respectively) of the RR3 zone. The proposed 'site specific' RR3-# zoning includes a "dwelling" as a permitted use, being defined as follows: DWELLING shall mean a building, occupied or capable of being occupied exclusively as a home, residence or sleeping place by one or more persons, but shall not include hotels, boarding houses, rooming houses, motels, institutions or mobile homes. (Section 2.33) although the existing building appears to have less than the required minimum rear yard depth of 9.0 metres (30 ft) of the RR3 zone, buildings and structures erected before the adoption the Zoning By -law are deemed to comply with the yard and setback requirements of the By -law; Mr.Brown was advised that a garage he is contemplating would be permitted as an accessory building or structure (as would be any accessory building or structure) under the RR3 zone subject to the yard and setback standards which apply; there are no apparent land use or compatibility issues that would result from the proposed re- zoning. The conversion of the church for residential use would avoid the unwarranted demolition and/or deterioration of an otherwise structurally sound building which has local heritage significance and contributes to the rural character of the Municipality; in 2009 a group referred to as `Concerned Residents of Kintyre' submitted a letter of concern to the Presbyterian Church of Canada stemming from the closure of the church and its continued vacancy. The group was concerned over the long -term maintenance of the former church and the lands on which it sits. It was also concerned that conversion of the building for residential purposes could lead to deteriorated building and property conditions and the potential for interference with neighbouring farm operations; based on discussions with Mr. Brown, there appears to be a genuine commitment to a tasteful conversion of the former church as a residence. Mr. and Mrs. Brown are retired and wish to relocate from Ingersoll to the former church to be used as their principal residence. Upgrades to the buildings including a geothermal heating and cooling system and the installation of a new septic Presbyterian Church of Canada (G. D. Brown, applicants) ZBA Municipality of West Elgin 20 June, 2011 page 4 tank and tile field system are being considered; with respect to issues raised regarding on -going maintenance of the property and its potential degradation over time, this matter is best addressed by the Municipality's Property Standards and Occupancy By -law and Cleaning and Clearing of Land By -law if it becomes an issue although there is nothing to suggest it will be; while Council in the past as expressed regret about the continuing closure and abandonment of churches in West Elgin, it has in the end supported requests to convert these buildings to residential purposes. RECOMMENDATIONS 1. That the proposed re- zoning of lands being part of Lot 3, Concession V in the former Township of Aldborough, known municipally as 14036 Blacks Road, from the Institutional (I) Zone to the `site- specific' Rural Residential Three (RR3 Zone to permit its conversion to residential purposes, be accepted. 2. That the accompanying amendment to the Township of Aldborough Zoning By -law be adopted. (original signed by) Ted L. Halwa, MCIP, RPP #0008/2030 APPLICATION FORA ZONING BY -LAW AMENDMENT: P2/2011 Trustee Board of the Presbyterian Church of Canada (Owner) Gary Darlene Brown (Applicants) 14036 Blacks Road, Rodney Part of Lot 3, Concession V (Aldborough) Municipality of West Elgin Municipality of WEST ELGIN FIGURE 1 JOHN BRENDA JOHNSTON mom RIC:ULTU RICUtTiUR ZONING Al AGRICULTURAL I INSITUTIONAL F CF A LANDS PROPOSED TO BE REZONED TO 'SITE SPECIFIC' RURAL RESIDENTIAL THREE (RR3- 18) Metres 0 75 150 225 300 APPLICATION FOR A ZONING BYLAW AMENDMENT: P212011 Trustee Board of the Presbyterian Church of Canada (Owner) Gary Darlene Brown (Applicants) 14036 Blacks Road, Rodney Part of Lot 3, Concession V (Aldborough) Municipality of West Elgin Municipality of WEST ELGIN FIGURE 2 ZONING Al AGRICULTURAL I INSITUTIONAL k j LANDS PROPOSED TO BE REZONED TO .,L ■..�J SITE SPECIFIC' RURAL RESIDENTIAL THREE (RR3 -18) Photo: Gary Darlene Brown, 2011 1:9,000 0 10 20 30 40 50 Metres CORPORATION OF THE MUNICIPALITY OF WEST ELGIN BY -LAW NO BEING A BY -LAW TO AMEND THE TOWNSHIP OF ALDBOROUGH ZONING BY -LAW NO. 90 -50, AS AMENDED Presbyterian Church of Canada (Gary Darlene Brown, Applicants) 14036 Blacks Road WHEREAS the Corporation of the Municipality of West Elgin has given due consideration to an application for an amendment to the Township of Aldborough Zoning By -law to permit the conversion of a building formerly used as a church for residential purposes; WHEREAS the use being proposed is considered to be in conformity with the West Elgin Official Plan and consistent with the Provincial Policy Statement; WHEREAS a public meeting has been held to consider the proposed amendment in accordance with the provisions of the Planning Act: WHEREAS the Council of the Corporation of the Municipality of West Elgin deems it advisable to amend By -law No. 90 -50, as amended, being the Township of Aldborough Zoning By -law to zone the said lands for the purposes intended; NOW THEREFORE the Council of the Corporation of the Municipality of West Elgin enacts as follows: 1. THAT Section 11.3 to By -law No. 90 -50, as amended, being the Exceptions of the Rural Residential Three (RR3) Zone, is hereby amended by the addition of the following: "11.3.18 a) DEFINED AREA RR3 -18 as shown on Schedule "A Map No. 24 to this By -law. b) PERMITTED USES dwelling in addition to all other permitted uses on the RR3 zone." 2. THAT Schedule "A Map No. 24 to By -law No. 90 -50, as amended, is hereby amended by changing from the Institutional (I) Zone to the 'site- specific' Rural Residential Three (RR3 -18) Zone those lands outlined in heavy solid lines and described as RR3 -18 on Schedule "A" attached hereto and forming part of this By -law, known municipally as 14036 Blacks Road and being part of Lot 3, Concession V, formerly in the Township of Aldborough, now in the Municipality of West Elgin, in the County of Elgin. 3. THIS By -law comes into force upon the day it is passed in the event an appeal has not been filed with the Clerk within the time prescribed by the Planning Act, R.S.O. 1990, as amended. In the event an appeal is filed with the Clerk within the time prescribed by the Planning Act, R.S.O. 1990, as amended, the By -law shall be deemed not to have come into force until the appeal has been finally disposed of, whereupon the By -law (except for such parts as are repealed or amended as so directed by the Ontario Municipal Board) shall be deemed to have come into force on the day it was passed. READ a FIRST and SECOND time this day of 2011. READ a THIRD time and FINALLY PASSED this day of 2011. MAYOR CLERK LOT 2 CONCESSION IV WESTERN DIVISION KINTYRE LINE RR3 -18 LOT 3 CONCESSION V WESTERN DIVISION This is Schedule "A" to By -law No. Passed this day of 2011. Mayor Clerk Municipality of WEST ELGIN SCHEDULE 'A' 1:2,000 Metres 0 10 20 40 60 80 100 20 June, 2011 MEMORANDUM TO: Members of Council Municipality of West Elgin FROM: Ted L. Haiwa 1. PURPOSE #000812034 SUBJ: Application for a Zoning By -law Amendment: Michael Kearns 21554 Johnston Line (Part of Lot 7, Concession II) north side of Johnston Line (County Road No. 6) west of Furnival Road (County Road No. 103) Aldborough to amend the Township of Aldborough Zoning By -law to re -zone the afore -noted lands from Agricultural (A1) to Special Agricultural (A2). 2. SITE CHARACTERISTICS (Figure 1) the subject lands, being the proposed residential lot, comprise an area of 8,013 square metres (2.0 acres), a frontage of 106.9 metres (350.8 feet) and a depth of 74.5 metres (244.8 feet) based on existing survey information. The parcel is occupied by an older single unit dwelling (circa 1870), barn and detached garage. No change in use is proposed; neighbouring lands are characterized predominantly by lands cleared for agricultural purposes and a large active gravel pit to the north known as the `Kearns Pit' owned and operated by the Municipality of West Elgin. Rural residential development in the area is scattered and limited. The McLean Cemetery and Pucell Cemetery are situated southeast of the proposed residential lot; access to the parcel is provided by means of an existing entrance from Johnston Line (County Road No. 6). The lands are serviced by an on -site well and an on -site septic tank and tile field system. Michael Kearns ZBA Municipality of West Elgin 20 June, 2011 page 2 3. ISSUES ANALYSIS and i .�l� 3 T t F.SI no #0008/2034 the Provincial Policy Statement (PPS) for areas lying within or adjacent to mineral aggregate resources states: ....development and activities which would preclude or hinder the establishment of new operations or access to the resources shall only be permitted if. a) resource use would not be feasible; or b) the proposed land use or development serves a greater long -term public interest; c) issues of public health, public safety and environmental impact are addressed. (Section 2.5.2.5) 'development', as defined by the PPS, includes the creation of a lot or change in use requiring approval under the Planning Act which in the situation at hand arguably applies to the rezoning of the lands but not the creation of the lot; the dwelling and outbuildings on the lands proposed to be zoned A2 existed long before aggregate operations commenced in the area and there is no apparent record of on -going complaints or compatibility issues. To the extent that the proposed residential lot would have a detrimental impact on the neigbouring aggregate operation or its viability is not evident due in some measure at least to the current ownership and the low level of extractive activity. The application for an amendment to the Zoning By -law would be consistent with PPS; under the West Elgin Official Plan, the subject lands are designated 'Aggregate Resources'. The relevant policies of the Plan state: The creation of new lots, including the creation of lots to dispose surplus farm dwellings in accordance with this Plan, or the alteration of existing lots which would have the effect of compromising an existing or potential extractive operation shall not be permitted. (Section 6.6.4) the proposed expansion of aggregate extraction immediately to the east of the subject lands is in Michael Kearns ZBA Municipality of West Elgin 20 June, 2011 page 3 RECOMMENDATIONS (original signed by) Ted L. Halwa, MCIP, RPP #0008/2034 the early approval stages. Given that the expanded pit will, assuming it is approved, operate under a '13' license, extraction will be limited to a maximum of 20,000 tonnes per year, translating into "a few trucks a day on average In addition, access to and from the expanded pit would be via the existing entrance situated well to the west of the proposed lot. The impact of aggregate operations on the enjoyment of neighbouring residential properties is not expected to be significant. Mitigating measures including the provision of a berm, as may be necessary or desirable, would be addressed at the licensing approval stage; the subject lands are zoned Agricultural (Al) in the Township of Aldborough Zoning By -law. A re- zoning to Special Agricultural (A2) would be appropriate in this instance and would be consistent with the A2 zoning which applies to the abutting residential lot to the west (De Wit). Permitted uses of the A2 zone include a single unit detached dwelling, an agricultural use as an accessory use, a bed and breakfast establishment, a home occupation and an accessory use. The lot would satisfy the minimum lot area and minimum lot frontage requirements (4,000 sq m and 50 m respectively) of the A2 zone. 1. That the proposed re-zoning of lands being part of Lot 7, Concession II in the former Township of Aldborough, known municipally as 21554 Johnston Line, from the Agricultural (A1) Zone to the Special Agricultural (A2) Zone to permit its use for residential purposes, be accepted. 2. That the accompanying amendment to the Township of Aldborough Zoning By -law be adopted. APPLICATION FOR A ZONING BY -LAW AMENDMENT: P3/2011 Michael Kearns 21554 Johnston Line Part of Lot 7, Concession 11 (Aldborough) Municipality of West Elgin Municipality of WEST ELGIN FIGURE 1 06.9n AGRIGULTIJRAL Att A AGGREGATE EXTRACTION MARCEL ATTIE DE WIT ZONING Al AGRICULTURAL A2 SPECIAL AGRICUTURAL M3 EXTRACTIVE INDUSTRIAL LANDS PROPOSED TO BE RE -ZONED TO SPECIAL AGRICULTURAL (A2) PROPOSED PIT EXPANSION 1:5,000 Metres 0 75 150 225 300 CORPORATION OF THE MUNICIPALITY OF WEST ELGIN BY -LAW NO. BEING A BY -LAW TO AMEND THE TOWNSHIP OF ALDBOROUGH ZONING BY -LAW NO. 90 -50, AS AMENDED Michael Kearns 21554 Johnston Line WHEREAS the use being proposed is considered to be in conformity with the West Elgin Official Plan and consistent with the Provincial Policy Statement; WHEREAS the Corporation of the Municipality of West Elgin has given due consideration to an application for an amendment to the Township of Aldborough Zoning By -law to permit the creation of a lot occupied by a single unit dwelling and outbuildings; WHEREAS a public meeting has been held to consider the proposed amendment in accordance with the provisions of the Planning Act; WHEREAS the Council of the Corporation of the Municipality of West Elgin deems it advisable to amend By -law No. 90 -50, as amended, being the Township of Aldborough Zoning By -law to zone the said lands for the purposes intended; NOW THEREFORE the Council of the Corporation of the Municipality of West Elgin enacts as follows: 1. THAT Schedule "A', Map No. 7 to By -law No. 90 -50, as amended, is hereby amended by changing from the Agricultural (A1) Zone to the Special Agricultural (A2) Zone those lands outlined in heavy solid lines and described as A2 on Schedule "A" attached hereto and forming part of this By -law, and being more particularly described as part of Part 2, Reference Plan No. 11R-9326, being part of Lot 7, Concession II, formerly in the Township of Aldborough, now in the Municipality of West Elgin, in the County of Elgin. 2. THIS By -law comes into force upon the day it is passed in the event an appeal has not been filed with the Clerk within the time prescribed by the Planning Act, R.S.O. 1990, as amended. In the event an appeal is filed with the Clerk within the time prescribed by the Planning Act, R.S.O. 1990, as amended, the By -law shall be deemed not to have come into force until the appeal has been finally disposed of, whereupon the By -law (except for such parts as are repealed or amended as so directed by the Ontario Municipal Board) shall be deemed to have come into force on the day it was passed. READ a FIRST and SECOND time this day of 2011. READ a THIRD time and FINALLY PASSED this day of 2011. MAYOR CLERK LOT 6 LOT 4 JOHNSTON t-UNE A2 This is Schedule "A" to By -law No. Passed this day of 2011. Mayor Clerk LOT 7 CONCESSION 1I 1 LOT 5 CONCESSION III 0 LOT 8 LOT 6 Municipality of WEST ELGIN SCHEDULE 'A' 1:5,000 Metres 0 30 60 120 180 240 300 E- n s l 1. 20 June 2011 MEMORANDUM TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa SUBJ: Proposed Severance James Frank Hay —11061 Graham Road (part of Lot 16, 17 18 Concession X) west side of Graham Road (County Road No. 76) south of Marsh Line Aldborough 1. Purpose to enlarge an existing rural residential lot through the conveyance of abutting lands; the lands proposed to be conveyed have a frontage of 44 metres (144 ft), a depth of 50 metres (164 ft) and an area of 2,586 square metres (0.6 acres). The parcel is without buildings or structures and is proposed to be added (merged in name and title) to an abutting lot owned by a Mr. McCann. The lot being enlarged (11019 Graham Road) is occupied by a single unit dwelling; if granted, the McCann lot would be increased in area from 613 square metres (6,600 sq ft) to 3,199 square metres (0.8 ac), and an increase in frontage from 20 metres (66 ft) to 64 metres (210 ft); the lands proposed to be retained have a frontage of 73 metres (240 ft) on Graham Road, a flankage of 1,455 metres (4,774 ft) on Marsh Line and an area of 92.6 ha (229 ac). The parcel is occupied by a single unit dwelling and implement shed and is generally cleared for agricultural purposes with the exception of pockets of woodland and lands occupied by a portion of the sewage lagoons serving the Village of West Lorne to the north. No change in use is being proposed. 2. Provincial Policy Statement (PPS) and Official Plan #000812049 8 3 James Frank Hay— Proposed Severance Municipality of West Elgin 20 June 2011 page 2 while the Provincial Policy Statement (PPS) does not specifically address the situation at hand, it does have general policies addressing directing Land use to achieve efficient development and land use patterns (Section 1.1.1) The proposed enlargement of an existing residential lot would, in this instance, be consistent with the PPS: the lands proposed to be conveyed and enlarged are designated 'Rural Residential' while the lands being retained are designated 'Agricultural' in the West Elgin Official Plan. Consents for the purposes of conveying additional lands to an adjacent lot are permitted provided: a) the conveyance does not lead to the creation of an undersized, irregularly shaped lot(s) unsuited to the purpose for which it is being used or proposed to be used, or contrary to the provisions of the Zoning By -law unless the Bylaw is otherwise amended or a variance granted; b) the lands being conveyed are registered in the same name and title as the lands to which they are being added; and c) it is stipulated in the granting of the severance that any subsequent conveyance or transaction will require a future severance (Section 10.4.2) with respect to item a), the enlarged lot would be compatible with existing rural residential lots fronting on Graham Road in terms of frontage and depth. The area of the lot, while larger than the existing lots, would represent an appropriate enlargement of the McCann lot in an underutilized area between the neighbouring lot to the north. With respect to item b) and item c) above, these matters are appropriately addressed as conditions of consent, if the application is granted. Conformity with the Official Plan is capable of being maintained. 3. Zoning By -law la viers Inc #0008/2049 the lands being conveyed and enlarged are zoned Rural Residential Two (RR2) in the Township of Aldborough Zoning By -law. The re- configured parcel would readily satisfy the minimum lot area and lot frontage requirements (1,850 sq m and 30 m respectively) of the RR2 zone; the lands being retained would readily satisfy the minimum lot area and lot frontage requirement (19 ha and 150 m respectively) of the Al zone. James Frank Hay— Proposed Severance Municipality of West Elgin 20 June 2011 page 3 4. Conclusions (original signed by) Ted L. Halwa, MCIP, RPP #0008/2049 the proposed conveyance of lands given their designation and zoning for rural residential purposes is considered appropriate. 5. Recommendation That the proposed consent by James Frank Hay is granted subject to the following conditions and the Elgin Land Division Committee advised accordingly: a) That the lands being conveyed are merged in the same name and title as the lands to which they are being added; b) That Section 50(3) of the Planning Act, R.S.0., 1990, as amended, shall apply to any future transactions or conveyances on the subject lands. REASONS i) The severance is 'consistent with the Provincial Policy Statement; ii) Conformity with the West Elgin Official Plan would be maintained; iii) The requirements of the Township of Aldborough Zoning By -law are capable of being satisfied; iv) The matters set out in the Planning Act would be satisfied. APPLICATION FOR A CONSENT James Frank Hay 11061 Graham Road Part of Lots 16, 17 18, Concession X (Aldbourough) Municipality of West Elgin Municipality of WEST ELGIN FIGURE 1 CONCESSIONIX 7V1UNlCiPAL1sy C5F WESpELGlN _SEWAGE TREATMENT PI A7VT4LAGObNS ZONING MUNICIPALITY OF WEST ELGIN Al AGRICULTURAL M2 GENERAL INDUSTRIAL RR2 RURAL RESIDENTIAL TWO RR3 RURAL RESIDENTIAL THREE PUBLIC UTILITY VILLAGE OF WEST LORNE FR FUTURE RESIDENTIAL R1 RESIDENTIAL FIRST DESNITY R2 RESIDENTIAL SECOND DENSITY L MN ME IM 1 LANDS PROPOSED TO BE CONVEYED AND ADDED TO ADJACENT PARCEL Fmti LANDS PROPOSED TO BE RETAINED 0 1:10,000 Metres 150 300 450 500 APPLICATION FOR A CONSENT James Frank Hay 11061 Graham Road Part of Lots 16, 17 18, Concession X (Aldbourough) Municipality of West Elgin Municipality of WEST ELGIN FIGURE 2 ZONING Al AGRICULTURAL RR2 RURAL RESIDENTIAL TWO LANDS PROPOSED TO BE CONVEYED AND ADDED TO ADJACENT PARCEL plommirm LANDS PROPOSED TO BE RETAINED 1:1,000 Metres 0 10 20 30 40 50 7. OTHER COMMENTS: ilimiciesgy OF ifirwT oLGIN APPLICATION FOR PROPOSED SEVERANCES PLEASE COMeLETg UE FOLLOWING: 1. PROPERTY OWNER: NAME: smogs AcR,)K A)( ADDRESS: 1 £14 Reef F4 A tro. PHONE: 57 t -NA/ 2. LOT /4,13,1 R CONCESSION I o ACREACE OF TOTAL PARCEL: 2 1 3. PARCEL TO BE SEVERED: ACREAGE L 4 FRONTAGE 14 14 DEPTH 63 'F# 4. ACREAGE TO BE RETAINED: di/4.34P 5. REASONS FOR SEVERING AN AGRICULTURAL PARCEL SURPLUS DWELLING ONLY IS THE DWELLING SURPLUS TO THE NEEDS OF THE FARM? YES NO WHEN WAS DWELLING CONSTRUCTED? (YEAR) IS THE DWELLING STRUCTURALLY SOUND SUITABLE OR POTENTIALLY SUITABLE, FOR HUMAN OCCUPANCY? YES NO WHERE IS YOUR PRINCIPLE RESIDENCE? MUNICIPALITY 8. REASONS FOR SEVERING A PARCEL FOR OTHER THAN FOR SURPLUS DWELLINGS? To idcte.+tsE .tot sag or i446.3-rwor "ipxfl[Ar41A/6- lk Brui.°eJ# DATE b.71 (37 SIGNATURE f NOTE: There Is no charge for the first lime Council proposed Sal rice application. The fee for addttional reviews and re- submission by Comp 00.00 per instance. if you wish to attend the ISSUE DATE: May 25, 2011 Applicant and Appellant: Subject: Property Address /Description: Municipality: Municipal File No.: OMB Case No.: OMB File No,: Request by: Request for: APPEARANCES: Ontario Ontario Municipal Board Commission des affaires municipales de ('Ontario Parties Municipality of West Elgin Stephen Roche MAY 3 0 2011 PL100847 IN THE MATTER OF subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended 194 Trustee Board Of The Presbyterian Church In Canada and Stephan Roche Consent Conditions of provisional consent (Specifically conditions related to the requirement for rezoning for both severed and retained parcels, entering drainage requirements, entering in agreement with municipality regarding retained parcel, requirement of an easement) Part Lots 4,5,6,7, Registered Plan 105 Municipality of West Elgin E 18/10 PL100847 PL100847 IN THE MATTER OF section 43 of the Ontario Municipal Board Act, R.S.O. 1990, c. 0.28, as amended The Clerk (West Elgin) A Motion to grant a review of the Board's Decision issued on January 7, 2011 CounseI*IAgent S. Gibson` W. Houghton AMENDING DECISION DELIVERED BY J. V. ZUIDEMA AND ORDER OF THE BOARD Following the Board's decision on this matter, a Telephone Conference Call "TCC was convened as the Board was advised that the conditions to the severance as reflected in the Board's decision did not reflect the complete set of conditions required. In reviewing the evidence provided along with the Affidavit of Ted Halwa, who 2 PL100847 was the only expert planning witness at the hearing, the Board required the parties to provide a complete list. Mr. Gibson prepared that Iist and submitted it to the Board. Mr. Houghton, acting as agent, had an opportunity to review that material. The Board has reviewed the materials submitted and determines that it represents the conditions as discussed during the TCC. As such, the attached conditions form part of the Board's Order and replaces the abbreviated conditions identified in the first disposition. The attached Iist of conditions is included with this amending decision and marked as Attachment "1". The remainder of that decision remains unchanged. This is the Board's Order. "J.V. Zuidema" J.V Zuidema VICE CHAIR 171.1 is s cve ran cc decision will expire unless a deed is presented for stamping to the Land Division Committee by April 1, 20.12. 2. Prior ro presentation of a deed For stamping„ the Applicant shall satisfy the following requirements of the Municipality of West Elgin: (i) Re- zoning of retained parcel, (ii) Drainage improvements are made on the lands being retained and the building situate thereon to the satisfaction of the Municipality of West Elgin, (di) Requirements ofthe Municipal Road Dcpamnent regarding access to the lands being retained are met, (iv) Provision of water and sewer services to the retained and severed lots, (v) Payment of water and/or sewage connection fees, if applicable, (vi) Two copies of a registered reference plan, together with a copy of such plans depicting location and dimensions of buildings, be submitted to the satisfaction of the Municipality of West Elgin, (vii) Taxes to be paid in Rill, (viii) Applicant to enter into an agreement with the Municipality rtf West Elgin regarding the retained tot, and (ix) A ten (10) foot easement for maintenance purposes be registered in p<:rperuity, in accordance with sections 50(3) and 50(5) of the Planning Act (as the case may be), on the lands being conveyed in favour of the lands being retained and abutting and parallel to the northerly limit of the lands being retained: confirmation of registration to be submitted to the lvlunicipality of West Elgin, and written satisfaction of such requirements from the Municipality of West Elgin to be delivered to the Land Division Committee prior to stamping of such deed. 3 ATTACHMENT "1" Severance Conditions (Revised April 1, 2011) PL100847 4 4 t ithpatit o :f fin TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: NORMA BRYANT, CLERK DATE: JUNE 23, 2011 RE: KING STREET INTRODUCTION: The municipality has been advised that a portion of King Street in Rodney is not recognized under Land Titles as a road allowance. DISCUSSION: On Registered Plan 67, King Street is shown as a 66 -foot road allowance. Unfortunately through the process of changing the lands from the registry system to Land Titles, a portion of King Street was left as a separate parcel. This leaves the owner of the adjacent parcel of land (PIN 0465 on attached sketch) without legal frontage on a public road. A request has been made to enact a by -law dedicating this separate parcel (PIN 0510) as King Street. Once this is registered on title the entire 66 -foot will form King Street(PIN 0463 0510). RECOMMENDATION: That a by -law be enacted to dedicate Part of Lot 41, Plan 202, PIN 35105- 0510, as a public road known as King Street. k-c-i-vi-4._ J/6. Norma I. Bryant C 761) 22413 Hoskins Line, Box 490, Rodney, Ontario NOL 2C0 Tel: (519) 785 -0560 Fax: (519) 785 -0644 519 344 8883 Frank Fazio L 0343 '3,14 0336 12. i' Oz 0341 KC 1a11 0431 11.4 4,13. LANE 0334 x, o9 N 0465 4:: 43 0466 04N L 11;12:12 a.m. 14-.06 -2011 14114 1 COUNTY OF E 1 (OFFICE 11) 4s r. arr a.4 L E FREE4OLA PROPCR'V B{1LND&RY LEASEHOLD PnoPERTY BOUNDARI LIINTSC INrER[ST PROPERTY LAY FREEwO PROW/ NUr6FR LEASEHOLD PRDPE,ATT HuHOEP ,MOTE° INTEREST ORGP€RTY NU TO+y'Si'P F ABA1[ S ,REAMS. RATERS EASEMENT JTM G+1ID ADJOINING NAP NsiMF1ER THE UNioUF. ,CENTWIEA Von ■Nr IS COMPOSED CF THE YAP BLOC dGT NI;MflER :own "mew APPC NOT NDRTM ANERlAH 'OTLM UNNE 5AL TRAN5vER5! ME i1 CLNTPAL MER! T H I S 5 N O T OF S U R V T TNt$ MAP AAS CON0IL(: UDCUrEH'S I+ECORDED Ii S *5'EV ANC HIS eEEr. !fi'OEMRIG PURPOSES GNI. FAR 0I00501HS OF PRO LEE RE ORDED PLANS O N L r b A J C R A k e S M U M N REft1CNCE PLANS J.NDE AotAf_nLE KANS +RE CORPORATION OF THE COUNTY OF ELGIN NOTICE OF APPLICATION FOR CONSENT APPLICATION NO. E 59111 PART LOT 10, CONCESSION 2, MUNICIPALITY OF WEST ELGIN Dated at the Municipality of Central Elgin this 3 day of June 2011. KEY MAP: (not to scale TAKE NOTICE that an application has been made by ROGER BUURMA, 7177 LaSalle Line, WATFORD, Ontario, NOM 2S0, for a consent pursuant to Section 53 of the Planning Act, 1990, as amended, to sever lands municipally known as 22336 Johnston Line, legally described as Part Lot 10, Concession 2, Muni3ipality of West Elgin. The applicant proposes to sever a lot with a frontage of 88 metres along Johnston Line by a depth of 91 metres, Area 0.973 hectares containing one house, proposed to create one new lot surplus to the needs of the applicant, together with an easement over the retained parcel having a width of 3 metres by a depth of 228.6 metres, to provide access to the well. The owner is retaining 16.376 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: WEDNESDAY JUNE 29, 2011, at 1:30P.M. in Committee Room #2, County Municipal Offices, 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. Susan D. Galloway Secretary Treasurer Land Division Committee 450 Sunset Drive St. Thomas, Ontario N5R 5V1 County of Elgin Engineering Services 450 Sunset Drive St. Thomas, On N5R5V1 Phone: 519- 831-1460 wvnv,ei gi n-co u nty.a n. ca DI June 1,2011 To: Partner Municipalities Re: Fuel Surcharge Request Report and New Road Maintenance Agreement Report Please be advised that Elgin County Council at its May 31, 2011 meeting passed the following resolutions: "THAT the report titled "Fuel Surcharge Request" dated May 3, 2011 be deferred to the July 26, 2011 meeting; and, THAT the report be circulated to partner municipalities for their consideration; and, THAT if any recommendations are forthcoming, they be made in the form of a council resolution to county council. Carried (signed) Warden Dave MennilL" "THAT the report titled "A New Road Maintenance Agreement" dated May 18, 2011 be deferred to the July 26, 2011 meeting; and, THAT the report be circulated to partner municipalities for their consideration; and, THAT if any recommendations are forthcoming, they be made in the form of a council resolution to county council. Carried (signed) Warden Dave MennilL" Enclosed you will find copies of the two reports. Please circulate to your council and appropriate staff for comment. If there are any recommendations forthcoming from the review of the enclosed, please send the recommendations in the form of a council resolution to the County of Elgin no later than July 18, 2011. If you have any questions, please do not hesitate to contact Peter Dutchak, Deputy Director of Engineering Services. Thank you for your consideration. Yours truly, Susan McConnell Administrative Services Coordinator (Extension 103). Enclosure. D 3 County of Elgin P.dminislsative Services 450 Sunset Drive St. Thomas, On N5R 5V1 Phone: 519 6314460 www. a lgi n- county.on.ca Elgin C01.111 o Pmiussii: try i4;Tufd FROM: Clayton Wafters, Director of Engineering Services DATE: May 3, 2011 SUBJECT: Fuel Surcharge Request REPORT TO COUNTY COUNCIL INTRODUCTION: The Township of Malahide, Township of Southwold and the Municipality of Dutton /Dunwich have requested an increase to the maintenance payments due to an increase in fuel costs in the form of a fuel surcharge. Presently, the maintenance allocations to municipalities are adjusted annually by the October Consumer Price index (CPI) that includes the commodity of fuel. DISCUSSION: Since 1998, Elgin's municipal partners have been contracted to complete maintenance activities on County roads. Allocations are calculated based on the Class of road and number of kilometres of County road maintained. These allocations are increased annually by the October Consumer Price Index (CPI) to account for inflationary costs. Council chose to use the CPI to capture inflationary adjustments since it remains the accepted standard and has been in place for nearly 100 years. The overall CPI has eight categories that are used to formulate the index. These include: food; shelter; household operations; clothing; transportation; health care; recreation; and alcoholic beverages. Gasoline costs directly account for 4.92% of the overall CPI, however, the spectrum of categories in the overall CPI are also largely influenced by fuel. For example, food prices will increase as the price of fuel increases, because of the increased costs of transporting the food to market. The CPI for the period of October 2009 to October 2010 was 2.4 This growth was largely attributable to transportation prices. The single most important factor in 2010 was the increase in the price of gasoline. 25% of the CPI for this period was influenced by gasoline prices. Municipal allocations were increased accordingly and the total allocation to municipalities was increased by $65,000 for 2011. As fuel prices continue to rise in 2011, these costs will be reflected in the annual 2011 CPI (October 2010 to October 2011) and maintenance allocations will be increased accordingly for 2012. For example, the March 2011 CPI was 3.3 the largest year over -year increase since 2008, and 0.9% of this increase is attributable to energy costs. If the CPI remains at these levels, and the October CPI is also 3.3 municipal allocations will be increased by a total of $90,600 for 2012. The percentage of the overall CPI that is directly attributable to gasoline costs (4.92 is similar to the percentage of the maintenance allocation that municipalities use to purchase fuel. Therefore, the CPI remains an accurate inflationary adjustment for the County road maintenance allocations. For example, the Township of Malahide has reported they used approximately 90,000 litres of diesel fuel in 2010 for all their operations. They also estimated that approximately 25% of their total fuel usage was for County road maintenance activities, mainly winter control. Therefore 22,500 litres of fuel, at an average cost of $0.84 for diesel fuel meant that $18,900 was spent on diesel fuel for County road maintenance activities in 2010. In 2010, the Township of Malahide's allocation was $574,196.03 and therefore, diesel fuel comprised 3.3% of their total allocation. Assuming the Township of Malahide also spent approximately $10,000 on gasoline fuel costs for County road activities in 2010, the percentage of their total allocation spent of fuel remains comparable to the percentage of fuel that comprises the CPI. Also in 2010, the Municipality of Dutton /Dunwich spent $18,125 on all types of fuel for County road maintenance operations. Their 2010 maintenance allocation was $371 ,500 and therefore 4.8% of their allocation was spent directly on fuel. These examples confirm that municipalities spend approximately 5% of their maintenance allocation directly on fuel costs. The CPI's calculation includes approximately 5% for the inflationary cost of gasoline. Therefore, the CPI captures increases for fuel costs that municipalities experience. Allocations are adjusted annually from the previous year's experience. CONCLUSION The overall CPI for long periods of time is an accurate estimation of the inflationary or changes in prices for goods and services. That is, commodities that comprise the CPI calculation are volatile and can rise and fall in the short term, but are captured through averages in the long term. Gasoline comprises 4.92% of the overall CPI, which is a very similar percentage as to what municipalities spend of their total maintenance allocation on fuel. Therefore, the CPI annual inflationary adjustment provided to municipalities captures the cost of fuel increases. CPI increased the maintenance allocations by a total of $65,000 to municipalities for 2011. The CPI for 2011 will adjust 2012 payments to municipalities. In 2010, the municipalities had a net surplus of $108,000. In the last thirteen years, the municipalities have also had a net surplus. In other words, the allocations provided were greater than their expenditures. During that time, the County has compensated the municipalities nearly $30 million to maintain the County roads. By the above measure, the present financial arrangement is a success. The philosophy of the current compensation system is that municipalities have significant latitude in their operations, and they are able to use any surplus from efficiencies to offset any deficits in other years. Isolating costs is contradictory to this existing funding principle. Therefore, staff suggests that the overall CPI is still the most effective method for annual increases that reflect changes in prices for municipalities. RECOMMENDATION THAT the overall CPI continue to be used to adjust the annual maintenance allocations to municipalities; and, THAT this report be circulated to Elgin's partner municipalities. All of which is Respectfully Submitted, Clayton Wafters Director of Engineering Services Approved for Submission, Mark G. McDonald Chief Administrative Officer R .3/22/2011 TUN 13:58 Me 87John Street South, Aylmer, Ontario 1 Telephone: 519 -773 -5344 Fax: 519-773-5334 www,rnalahrde.ca March 21, 2011. County of Elgin, 450 Sunset Drive, St. Thomas, Ontario, N5R 5V1 FAX 519 773 5334 TWP OF MALAIIDE County of Elgin a001 /001 Attention: Mr. Mark McDonald Dear Sir: RE: Impact of Fuel Price Increases. The Malahide Township Council discussed the impact of fuel price increases at their regular Council meeting on March 17, 2011: The Council is requesting that the County of Elgin recognize the budgetary impact of increased fuel prices and consider enacting an amendment to the terms of its contract with the Tower tier municipalities to allow for a fuel surcharge In 2011. We appreciate your consideration to this request. Yours very truly, TOWNSHIP OF MALAHIDE �J11 Gam' M. CASAVECCHIA, D.P.A., G.M.O., CMM 111 Chief Administrative Officer /Clerk Copy Elgin County Lower Tier Municipalities MICHELLE M. CASAVECCHIA Chief Adrn nlsirative Officer /Clerk mcasavecchla@rnalohlde.ca Rece ived Time Mar. 22. 2011 1:55PM No, 7066 ursTOWINSHIPoi MA. 1 12 a A proud tradition, a brtghtfuture. SUSAN 5. WILSON Director of Finance swilson @malahlde,co MAYOR Cameron MuWilliam .387.4o Celtic Line, 11. R. ti i Dutton, NoL IJo DEPUTY MAYOR Boll Purcell 138 Sh netdotou Street Dutton, NOL 1J o County of Elgin 450 Sunset Drive St. Thomas, Ontario N5R 5V1 Attention: Mark McDonald Dear Mr. McDonald 914unicipatity of OuttottiOunwich Box 529,199 Currie Road, DUTTON, Ontario NoL 1Jn Telephone: (519) 762 -2204 Fax No. (519) 762-2278 Clerk Administrator Ken Loveland RE: Impact of fuel Prices on Road Maintenance' The Council of the Municipality of Dutton Dunwich discussed the impact of recent fuel price increases on our Road Budget. The Council of the Municipality of Dutton Dunwich requests that the County of Elgin consider enacting an amendment to the terms of its contract with the lower tier municipalities to allow for a fuel surcharge. We appreciate your consideration of this request. cc: Township of Malahide Yours truly, Ken Loveland COUNCILLORS Ian Fleck arya Miller Road Box 541 Dutton, Nor. t O Donald H. Page 7949 Coyne Road R, R. a 1 Wanaectown, NoL 2Mo Den McKillop 29094 Sliver Clay Line, R.R. 2.3 Dutton, NoL IJO April 26, 2011 ert APR 2 9 2011 COUNTY OF ELGIN 11I 11INISTRIATIVE 8IanCIr