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July 21, 2011DISCLOSURE OF PECUNIARY INTEREST ADOPTION OF AGENDA MINUTES (Al A29) *June 9, 2011 *June 23, 2011 *June 23, 2011 `June 23, 2011 *June 23, 2011 *June 30, 2011 *July 7, 2011 BUSINESS ARISING FROM MINUTES DELEGATIONS 9:30 a.m. 10:00 a.m. 10:30 a.m. 11:45 a.m. 1:30 p.m. 2:00 p.m. 3:15 p.m. 3:30 p.m. MUNICIPALITY OF WEST ELGIN AGENDA COUNCIL MEETING JULY 21, 2011 COUNCIL CHAMBERS, WEST ELGIN MUNICIPAL BUILDING Council Council Public Meeting Zoning Amendment Kintyre Presbyterian Church Public Meeting Zoning Amendment M. Kearns Public Meeting Zoning Amendment 509692 Ontario Limited Special Council Meeting Special Council Meeting Public Meeting Zoning Amendment (Boothe) (B1) Public Meeting Zoning Amendment (Beauregard) (B2) Howard Culligan, Seaside Developments RES Canada proposed wind turbines (B3) Recreation Superintendent (D2a) (D2b) Water Superintendent (D4a) OCWA quarterly report for sewage treatment plants (B4, B5, B6, B7) Court of Revision Kaliita- Pfeifer Drain Court of Revision Talbot Line Drain July 21, 2011 Page 2 PLANNING: (C1 -C2) 1.* Report re: Rezoning Application Boothe 2. Rezoning Beauregard REPORTS (D1 -D8) 1. ROADS a) Quotes for lawnmower 1 RECREATION a) Quotes Rodney Fair Grounds b) `Report re: Vandalism in Miller Park 3. BUILDING 4. WATER a) Port Glasgow Trailer Park sewage system 5. BY -LAW ENFORCEMENT a) *Monthly Report 6. DRAINS 7. WEST ELGIN PRIMARY SYSTEM 8. ADMINISTRATION a) *Report re: Landfill Site Administration b) *WESA Response to MOE Comments on 2006 Hydrogeological Investigation Design and Operations Report c) *Aldborough Public School evacuation site d) Waste Recycling Strategy schedule Open House ACCOUNTS July 21, 2011 Page 3 CORRESPONDENCE (El E19) COUNCIL CONSIDERATION RECOMMENDED: 1.* Skip Betty Patterson request to waive fees for use of West Elgin Recreation Centre for Vacation Bible School; 2.* Township of South Frontenac request for support of a resolution regarding recycling; 3.* Township of Carling request for support of a resolution regarding donation for Slave Lake, Alberta; 4.* Municipality of Central Elgin copy of correspondence re: county road funding; 5.* St. Ilijah Serbian Orthodox Church request for support for picnic; 6.* Elgin County Land Division Committee application for consent to sever Pt Lot 19, Concession 13 (Hollanada Farms); 7.* Elgin County Land Division Committee application for consent to sever Pt Lot 11, Concession 14 (Bianco); 8.* Elgin County Land Division Committee application for consent to sever Lot 5 Pt Lot 6, Plan 67, Rodney (Slaats); 9.* Elgin County Land Division Committee application for consent to sever Lot 5 Pt Lot 6, Plan 67, Rodney (Slaats); 10.* Spectacular Fireworks request to use Miller Park for fireworks display on August 27, 2011; 11.* Municipality of Bayham OPP police service costs; 12.* Municipality of Central Huron request for support of a resolution on wind energy facilities; RECOMMENDED TO ACCEPT FILE: 13. AMO 2011 Federal Budget; June 9, 2011 Watch File; June 16, 2011 Watch File; June 23, 2011 Watch File; Extended Producer Responsibility (EPR); NDP Platform Bulletin No. 1; June 30, 2011 Watch File; Release of 2010 Drowning Death Review; Waste Diversion needs support from all political parties; July 7, 2011 Watch File; Key topics for provincial election; July 14, 2011 Watch File; 14. City of London digital transmission; 15. Bob Bailey, MPP The Ontario One Call Act; July 21, 2011 Page 4 16. OMERS Update 17. College of Physicians and Surgeons of Ontario Council award; 18. Elgin Group Police Services Board minutes of the meeting held on May 18, 2011; 19. Elgin County Land Division Committee notice of decision for consent application (Buurma) BY -LAWS: By -law No. 2011 -50 By -law No. 2011 -51 By -law No. 2011 -52 MINUTES (F1 -F7) *West Elgin Recreation Committee February 16, 2011 *West Elgin Arena Board March 8, 2011 Tri County Management Committee March 28, 2011 *West Elgin Arena Board April 12, 2011 *West Elgin Arena Board May 10, 2011 *West Elgin Recreation Committee May 18, 2011 *West Elgin Chamber of Commerce June 7, 2011 OTHER BUSINESS (G1 -G2) Information enclosed CONFIRMING BY -LAW ADJOURNMENT NEXT MEETINGS: August 11, 2010 August 29, 2011 Rezoning Lot 3, Conc. 10 (Boothe) Rezoning Lot 9, Conc. 1 (Beauregard) Authorize agreement 1. Council announcements 2. Closed session property purchases, potential litigation Council Tri County Management Committee MEMBERS PRESENT: STAFF PRESENT: DECLARATION OF PECUNIARY INTEREST: None SUBJECT: ADOPTION OF AGENDA RES, NO. 1 SUBJECT: MINUTES RES. NO. 2 MINUTES OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS JUNE 9, 2011 Mayor Bernie Wiehle, Deputy Mayor Mary Bodnar Councillors Norm Miller, Dug Aldred, Richard Leatham Joanne Groch Norma Bryant Paul VanVaerenbergh Jeff Slater Mike Kalita Administrator/Treasurer Clerk Roads Superintendent Recreation Superintendent Water Superintendent Moved by Leatham Seconded by Aldred RESOLVED that the Council of the Municipality of West Elgin approves the agenda for June 9, 2011 as printed and circulated with the following additions: Report re: Recreation Centre tables Report re: Re- organization of Rodney Park DISPOSITION: Carried Moved by Miller Seconded by Leatham RESOLVED that the minutes of the meetings held on the following dates be adopted as printed and circulated: May 5, 2011 Special Meeting May 12, 2011 Council May 26, 2011 Council DISPOSITION: Carried SUBJECT: BUSINESS ARISING FROM THE MINUTES None SUBJECT: ROAD DEPARTMENT REPORT RES. NO. 3 Moved by Bodnar Seconded by Miller RESOLVED that the May 2011 Roads Report be received. DISPOSITION: Carried fi Aa June 9111...Pg2of8 SUBJECT: COUNTY OF ELGIN ROAD MAINTENANCE AGREEMENT RES. NO. 4 Moved by Bodnar Seconded by Leathern RESOLVED that the Council of the Municipality of West Elgin recommends to the County of Elgin that the current lump sum payment for county road maintenance continue. DISPOSITION: Carried SUBJECT: RECREATION DEPARTMENT REPORT RES. NO. 5 Moved by Aldred Seconded by Miller RESOLVED that the Recreation Report dated June 9, 2011 be received. DISPOSITION: Carried SUBJECT: RECREATION CENTRE TABLES RES. NO. 6 Moved by Aldred Seconded by Miller RESOLVED that Council authorize the purchase of 10 plastic tables for the Recreation Centre; AND that these tables will not be removed from the Recreation Centre; AND that the remaining wooden tables be used by community groups only; AND that the Recreation Superintendent bring back a policy regarding the use of these tables. DISPOSITION: Carried SUBJECT: RE- ORGANIZATION OF RODNEY PARK Council reviewed a report from the Recreation Superintendent. After discussion, Council decided to view the stage and pavilion after lunch and discuss this matter later in the meeting. SUBJECT: LIGHTING IN RODNEY PARK RES. NO. 7 Moved by Aldred Seconded by Bodnar RESOLVED that Council authorize the removal of the lighting for the baseball diamond at the Rodney Park. DISPOSITION: Carried SUBJECT: WATER DEPARTMENT REPORT RES. NO. 8 Moved by Bodnar Seconded by Aldred RESOLVED that the May 2011 Water Department Report be received. DISPOSITION: Carried SUBJECT: REQUEST FOR EXTENSION TO SILVER CLAY WATERLINE RES. NO. 9 Moved by Miller Seconded by Aldred RESOLVED that Council suggest to owners of 26584 Silver Clay to investigate obtaining an easement across the neighbouring property to Dunborough Line waterline owned by Dutton /Dunwich. DISPOSITION: Carried June 9111...Pg 3 of 8 SUBJECT: PORT GLASGOW TRAILER PARK NEW SEPTIC SYSTEM RES. NO. 10 Moved by Leatham Seconded by Bodnar RESOLVED that the Water Superintendent set up a site meeting at the Port Glasgow Trailer Park to view location of Phase II of the new septic system. DISPOSITION: Carried SUBJECT: CHANGES TO HUMAN RESOURCES POLICY RES. NO, 11 Moved by Bodnar Seconded by Aldred RESOLVED that the report from the Administrator/Treasurer re: Amendments to the Human Resources Policies be approved and the necessary by -law be brought forward. DISPOSITION: Carried SUBJECT: BUILDING DEPARTMENT REPORT RES. NO. 12 Moved by Miller Seconded by Leatham RESOLVED that the Building Report for April 2011 be received. DISPOSITION: Carried SUBJECT: BY -LAW ENFORCEMENT REPORT RES. NO.13 Moved by Aldred Seconded by Bodnar RESOLVED that the By -law Enforcement Report dated June 9, 2011 be received. DISPOSITION: Carried SUBJECT: ANTI- IDLING BY -LAW RES. NO. 14 Moved by Bodnar Seconded by Aldred RESOLVED that Council direct that an anti idling by -law be prepared. DISPOSITION: Carried SUBJECT: WEST ELGIN PRIMARY SYSTEM RES. NO. 15 Moved by Miller Seconded by Leatham RESOLVED that the Council of the Municipality of West Elgin authorizes the Mayor to participate in an Ad Hoc Committee regarding a new Tri County Management Agreement. DISPOSITION: Carried SUBJECT: ONTARIO DISABILITIES ACT RES. NO. 16 Moved by Leatham Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin accepts the report of the Accessibility Committee dated June 9, 2011 and this report be attached to the Municipal Accessibility Plan. DISPOSITION: Carried �3 if- June 9111...Pg 4 of 8 SUBJECT: HOUSEHOLD HAZARDOUS WASTE EVENTS RES. NO. 17 Moved by Miller Seconded by Leatham RESOLVED that the report from the Clerk re: Household Hazardous Waste Events be received, and A Household Hazardous Waste Day event be scheduled for October 29 2011 to be held at the West Elgin Roads Garage on Hoskins Line. DISPOSITION: Carried SUBJECT: ACCOUNTS RES. NO. 18 Moved by Bodnar Seconded by Aldred RESOLVED that the Mayor and Administrator/Treasurer are hereby authorized to sign Payment Voucher #6 amounting to $1,646,999.24 in settlement of General, Road, Water and Arena Accounts (including cheques: #8567 8751). DISPOSITION: Carried DELEGATION: MARILYN CREWE, ELGIN BUSINESS RESOURCE CENTRE RE: COMMUNITY ECONOMIC DEVELOPMENT COMMITTEE Council reviewed the draft press release and application form for the formation of the Community Economic Development Committee. Applications to be forwarded to Ms. Crewe by June 30 On July 17 the Council representatives to this committee and Ms. Crewe will meet to review the applications received. SUBJECT: RODNEY PARK RES. NO. 19 Moved by Leatham Seconded by Miller RESOLVED that Council authorize the removal of the stage at the Fair Grounds; AND that the Fair Board be asked if moving the pavilion to beside the cattle pavilion is acceptable; AND that the washroom be removed; AND that the removal /moving of these buildings be tendered. DISPOSITION: Carried SUBJECT: CORRESPONDENCE 1. Haldimand County request for support to protect against future OPP rate increases Instruction: File 2. Town of Amherstburg requesi for support of a resolution opposing shipment or radioactive materials Instruction: RES. NO. 20 Moved by Miller Seconded by Leatham RESOLVED that Council of the Municipality of West Elgin is in support of a resolution put forth by the Town of Amherstburg to oppose the shipment of radioactive materials through the Great Lakes to the St. Lawrence Seaway to Sweden. DISPOSITION: Carried June 9111...Pg 5 of 8 3. Rodney Aldborough Agriculture Society request for more tables at fair time Instruction: See discussion above 4. Niagara Region request for support of a resolution regarding Arbitrators for the Police Act Instruction: File 5. Municipality of Bayham confirmation of support for resolution regarding elimination of municipal health care professionals recruitment incentives Instruction: File 6. The Ontario Family Fishing Weekend announcement Instruction: File 7. Canada Post re: postal strike Instruction: File 8. Paul Tunks Crime Stopper signs for West Elgin roads Instruction: Deputy Mayor to forward to Community Policing and Neighbourhood Watch 9. The Corporation of the United Townships of Head, Clara Maria request for support of a resolution regarding the Municipal Elections Act Instruction: File 10. United Counties of Leeds Grenville request for support of a resolution to amend the Municipal Elections Act Instruction: File 11. J.M. Price objection to solar electricity generation facility Instruction: File 12. Karlotta Stone request to use Port Glasgow Trailer Park for a wedding on July 16 2011 Instruction: RES. NO. 21 Moved by Leatham Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin approves of the holding of a wedding on July 16 at the Port Glasgow Trailer Park on the understanding that this a park open to the public. Further, that the serving of alcohol be limited to the bingo pavilion only. DISPOSITION: Carried 13. Gail Hack request for road closure for cruise night, June 17 Instruction: RES. NO. 22 Moved by Miller Seconded by Aldred RESOLVED that Council of the Municipality of West Elgin supports the request to close Furnival Road from Queen Street to Victoria Street on Friday June 17 2011 from 3:30 p.m. to 8:30 p.m. DISPOSITION: Carried g 5 A(� June 9111...Pg 6 of 8 14. AMO Watch File May 12, 2011; Watch File May 19, 2011; Watch File May 26, 2011; Ontario Progressive Conservative "Changebook" Platform Released; Ontario PC's Pledge $60 million to Municipalities not Receiving Provincial Gas Tax for Transit; Bill 181 Passes Third Reading Mandatory Retirement at age 60 for Ontario's Salaried Firefighters; "Watch File June 2, 2011. Instruction: File 15. Ministry of Citizenship Immigration re: Ontario Medal for Good Citizenship Instruction: File 16. Ontario Good Roads Association Minimum Maintenance Standards Litigation Status Report Instruction: File 17. LAS 2010 Report Instruction: File 18. St. Thomas Elgin General Hospital Foundation invitation to meeting June 29' 2011 Instruction: File 19. Elgin Group Police Services Board Minutes of March 23` 2011 Instruction: File 20. MPAC 2010 Annual Report and Financial Statements Instruction: File 21. Lower Thames Valley Conservation Authority Minutes May 26, 2011 Instruction: File 22. Drinking Water Source Protection Committee Minutes May 26, 2011 Instruction: File RES. NO. 23 Moved by Leathern Seconded by Miller RESOLVED that the correspondence be dealt with as per the instructions of Council as noted. DISPOSITION: Carried SUBJECT: MINUTES RES. NO. 24 Moved by Aldred Seconded by Miller RESOLVED that the minutes of the following committee meetings be received: West Elgin Chamber of Commerce May 3, 2011 DISPOSITION: Carried SUBJECT: INNOVATION CENTRE OPENING Council received an invitation to the Innovation Centre opening on June 24` at 2:30 P.m- June 9111...Pg 7 of 8 SUBJECT: AMO CONFERENCE Council was asked to give consideration to requesting Ministerial delegations at the AMO conference in August. This matter deferred to next meeting. SUBJECT: COUNCIL ANNOUNCEMENTS Councillor Miller reported that representatives from RES Canada have been approaching owners in the area from Kent border to Kerr Road and south to Thomson Line regarding wind turbines. Council requested that a representative attend a future council meeting. Councillor Miller reported he had attended the Ambassador program breakfast in West Lorne. Councillor Leatham reported that four wheelers are using the former railway lands. The Mayor noted that this is private property and that the OPP are aware. The Deputy Mayor thanked Council for the dinner last night for Community Policing Committee. The Mayor reported that there is a problem with erosion on county roads in the east end and this may affect the Furnival Road project. SUBJECT: CLOSED SESSION RES. NO. 25 Moved by Bodnar Seconded by Aldred RESOLVED that the Council of the Municipality of West Elgin adjourn to a closed session to discuss: Security of the property of the municipality or local board; A proposed or pending acquisition or disposition of land; Litigation or potential litigation; Receiving of advice that is subject to solicitor client privilege. DISPOSITION: Carried RES. NO. 26 Moved by Miller Seconded by Leatham RESOLVED that the Council of the Municipality of West Elgin do now rise and report. DISPOSITION: Carried The Mayor reported that during closed session direction was given to staff and municipal solicitor regarding the following: By -law enforcement matter Municipal property Possible acquisition of land Havens Lake Road closure application SUBJECT: CONFIRMATION BY -LAW RES. NO. 27 Moved by Miller Seconded by Leatham RESOLVED that the mover be granted leave to introduce a By -Law to confirm the proceedings of the meeting held on June 9 2011 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried R1 Aq June 9111...Pg 8 of 8 RES. NO. 28 Moved by Bodnar Seconded by Miller RESOLVED that a By -law to confirm the proceedings of the meeting held on June 9` 2011 be now read a third time and finally passed, signed, sealed and numbered By -law Number 2011- 37 Confirming By -law June 9 2011 DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 29 Moved by Bodnar Seconded by Aldred RESOLVED that this Regular Meeting of Council shall adjourn at 4:55 p.m. to meet again on June 23, 2011. DISPOSITION: Carried These minutes were adopted on the 21 day of July, 2011. Mayor Clerk MEMBERS PRESENT: STAFF PRESENT: ALSO PRESENT: MINUTES OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS JUNE 23, 2011 Joanne Groch Norma Bryant John Ungar Mike Kalita Janet Johnston DECLARATION OF PECUNIARY INTEREST: None SUBJECT: ADOPTION OF AGENDA Mayor Bernie Wiehle, Deputy Mayor Mary Bodnar Councillors: Norm Miller, Dug Aldred, Richard Leatham Administrator/Treasurer Clerk Drainage Superintendent Water Superintendent Deputy Treasurer Ted Halwa Planning Consultant RES. NO. 1 Moved by Aldred Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin approves the agenda for June 23, 2011 as printed and circulated. DISPOSITION: Carried Council recessed to hold a public meeting for a zoning amendment for 14036 Blacks Road (Kintyre Presbyterian Church) and resumed their meeting thereafter. SUBJECT: REVISED OMB DECISION PRESBYTERIAN CHURCH, RODNEY RES. NO. 2 Moved by Miller Seconded by Bodnar RESOLVED that the Notice of Amended OMB Decision Presbyterian Church, Rodney be received. DISPOSITION: Carried Council recessed to hold public meeting for zoning amendment for Queen Harper Street (Sleets) and 21554 Johnston Line (Kearns) and resumed their meeting thereafter. DELEGATION: ROB MOT, PORT GLASGOW YACHT CLUB Mr. Mot reviewed with Council the need for temporary shelters on the north and west side of the marina basin. Approval has been received from the Lower Thames Valley Conservation Authority. The shelters will have a metal roof, fixed wooden pillars that are bolted on the pier and are moveable. Pq June 23111...Pg 2 of 8 The Mayor noted that Council was concerned how these structures will fit in with the Master Plan. The Planner noted that this was another ad hoc change to the marina, would prefer deferral to next season. The Deputy Mayor agreed with the Planner but felt the Yacht Club should be allowed to proceed with these temporary structures. RES. NO. 3 Moved by Leatham Seconded by Miller RESOLVED that Council authorize the Port Glasgow Yacht Club to erect two temporary picnic shelters on the west side of the marina basin. DISPOSITION: Carried SUBJECT: AMENDMENT TO ZONING BY -LAW —14036 BLACKS ROAD (KINTYRE PRESBYTERIAN CHURCH) RES. NO. 4 Moved by Bodnar Seconded by Aldred RESOLVED that the report from Community Planners re: Application for a Zoning By -law Amendment: Presbyterian Church of Canada 14036 Blacks Road be received. DISPOSITION: Carried SUBJECT: AMENDMENT TO ZONING BY -LAW 21554 JOHNSTON LINE (KEARNS) RES. NO. 5 Moved by Leatham Seconded by Miller RESOLVED that the report from Community Planners re: Application for a Zoning By -law Amendment: Michael Kearns 21554 Johnston Line be received. DISPOSITION: Carried SUBJECT: AMENDMENT TO ZONING BY -LAW 509692 ONTARIO LIMITED (SLAATS) RES. NO. 6 Moved by Miller Seconded by Leatham RESOLVED that the report from Community Planners re: Application for a Zoning By -law Amendment: 509692 Ontario Limited (John Diane Sleets) be received. DISPOSITION: Carried SUBJECT: PROPOSED SEVERANCE LOT 16, CONCESSION X (Hay) RES. NO. 2 Moved by Aldred Seconded by Miller RESOLVED that the report from Community Planners re: Proposed Severance James Frank Hay be received. DISPOSITION: Carried June 23111...Pg 3 of 8 SUBJECT: AMENDMENT TO SITE PLAN AGREEMENT DOUGLAS PROPERTY LEASING RES. NO. 8 Moved by Miller Seconded by Leatham RESOLVED that the report from Community Planners re: Douglas Property Leasing Company Site Plan Approval be received. DISPOSITION: Carried SUBJECT: PROPOSED RODNEY SOLAR FARM Councillor Miller presented a letter from Mr. Jim Price asking that Intech look at alternative locations. Councillor Miller has spoken with the Intech's owner about alterative sites and which would be suitable. There is an issue with timing for gaining approval of the application from the province prior to the October provincial election. After discussion the following resolution was introduced: RES. NO. 9 Moved by Bodnar Seconded by Aldred RESOLVED that Council of the Municipality of West Elgin authorize Intech Clean Energy to make an application for a solar energy project on municipal property on Pioneer Line (sewage treatment plant) as an alternative to the Second Street property. DISPOSITION: Carried SUJBECT: MEETING WITH INTECH CLEAN ENERGY RES. NO. 10 Moved by Miller Seconded by Leatham RESOLVED that Council schedule a special Council meeting with Intech Clean Energy on Thursday July 7' 2011 at 4:00 p.m. DISPOSITION: Carried SUBJECT: CLOSED SESSION RES. NO. 11 Moved by Aldred Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin adjourn to a closed session to discuss: A proposed or pending acquisition or disposition of land; Litigation or potential litigation. DISPOSITION: Carried RES. NO. 12 Moved by Miller Seconded by Leatham RESOLVED that the Council of the Municipality of West Elgin do now rice and report. DISPOSITION: Carried The Mayor reported direction was given to staff regarding a zoning contravention and property disposition. The Planner left the meeting. June 23/11...Pg 4 of 8 SUBJECT: CONSIDERATION MEETING KALITA-PFEIFER DRAIN Also in attendance: John M. Spriet, Drainage Superintendent, Philip Pfeifer, Carmen Pfeifer, and Larry Small RES. NO. 13 Moved by Aldred Seconded by Bodnar RESOLVED that Council consider the Engineer's Report on the Kalita- Pfeifer Drain. DISPOSITION: Carried The Clerk reported that correspondence has been received from the Lower Thames Valley Conservation Authority outlining mitigation measures to be taken. Mr. Spriet gave an overview of the proposed drain construction. Mr. Small has purchased the Kalita property and expressed concern about the effect on the existing drain. Mr. Spriet will investigate. Mr. Philip Pfeifer asked if any wetlands were affected. Mr. Spriet reported no, that the tile is going through agricultural land. Further, Mr. Spriet reported that wherever there is an existing tile, it would be connected to the new drain. RES. NO. 14 Moved by Leatham Seconded by Miller RESOLVED that the Engineer's Report for the Kalita- Pfeifer Drain, be accepted and the Clerk is instructed to draw up the necessary by -law. DISPOSITION: Carried SUBECT: KING STREET, RODNEY RES. NO. 15 Moved by Bodnar Seconded by Miller RESOLVED that the report from the Clerk re: King Street be received. DISPOSITION: Carried CORRESPONDENCE: 1. Elgin County Land Division Committee severance application (Buurma) Instruction: RES. NO. 16 Moved by Aldred Seconded by Leatham RESOLVED that the Council of the Municipality of West Elgin have the following comments regarding Severance Application 59/11 applied for by Roger Buurma. In accordance with Section 6.2.9 (surplus farm dwellings) of the Municipality of West Elgin Official Plan, Council supports application E59/11 subject to the following conditions: 1. Subject to rezoning. 2. Subject to apportionment of Municipal Drainage assessments 3. Subject to drainage outlet drainage agreement, if required 4. Subject to requirements of the Municipal Road Department regarding access and /or drainage. 5. Subject to no further residential development on the retained agricultural portion. 6. Subject to water and /or sewer connection fees, if applicable June 23/11...Pg 5 of 8 RES. NO. 16 cont'd 7, That the owner has the necessary review and assessment conducted on the existing sewage disposal system to confirm its adequacy and/or necessary replacement. 8. Two copies of the registered reference plan, together with a copy of the said plan showing the locations and dimensions of all buildings and structures, are submitted to the satisfaction of the municipality 9. Taxes to be paid in full DISPOSITION: Carried 2. Bike Lane Petition (Furnival Road from Pioneer Line to Aldborough Public School) Instruction: RES. NO. 17 Moved by Miller Seconded by Leathern RESOLVED that the Council of the.Municipality of West Elgin receives the bike lane petition dated June 16. 2011,and THAT Council supports this request for a bike lane along the west side of Furnival Road from Pioneer Line to Aldborough Public School, and THAT the petition and record of Council's support be forwarded to the County of Elgin. DISPOSITION: Carried 3. Elgin County Report re: Fuel Surcharge Instruction: defer to next meeting RES. NO. 18 Moved by Aldred Seconded by Bodnar RESOLVED that the correspondence be dealt with as per the instructions of Council as noted. DISPOSITION: Carried DELEGATION: GEORGE OKOLISAN, HELEN OKOLISAN RE: DRAINAGE ISSUE Mr. Okolisan submitted a letter to Council outlining the drainage issues. Mr. Okolisan reported he has consulted an engineer, who reported that the water is coming from the adjacent property. He asked why nothing has been done on the adjacent property. The Mayor reported that the landowner will fix the berm. Mr. Okolisan reported that they have problems with the tiles now as they are filled with silt. Water is ponding on their property. He requested immediate action by the municipality. SUBJECT: CONSIDERATION MEETING TALBOT LINE DRAIN Also in attendance: John M. Spriet, Drainage Superintendent, Gina Norton, Tony DaSilva, Peter Parezanovic, Betty McKillop, Beth McLellan, Darryl Small, George Christine Rybiak. RES. NO. 19 Moved by Bodnar Seconded by Aldred RESOLVED that Council consider the Engineer's Report on the Talbot Line Drain. DISPOSITION: Carried A13 if June 23111...Pg 6 of 8 The Clerk reported that correspondence has been received from the Lower Thames Valley Conservation Authority outlining mitigation measures to be taken. Mr. Spriet gave an overview of the proposed drain construction. Mr. Parezanovic enquired how benefit was assessed. He feels that all his tiles run to the east and the only benefit is for his house. Mr. Spriet reported that surface water flows establish drainage area. The house at the east side of the property has no benefit, it is outside the watershed. Mr. Rybiak enquired about tile. Mr. Spriet reported that a 10" concrete field tile wrapped in filter cloth would be used. It will drain 20 feet on each side through the filter. If clay tile is found during construction, that tile will be reconnected to the new drain. Mr. DaSilvia asked how benefit his property? Mr. Spriet reported that the drain would go through the gully and replace the private drain. The County has requested an outlet. RES. NO. 20 Moved by Leatham Seconded by Miller RESOLVED that the Engineer's Report for the Talbot Line Drain, be accepted and the Clerk is instructed to draw up the necessary by -law. DISPOSITION: Carried SUBJECT: CATHERINE ROAD DRAINAGE ISSUE Also in attendance: Drainage Superintendent RES. NO. 21 Moved by Aldred Seconded by Leatham RESOLVED that Council contract with Tim Grexton to re- construct the required berm by August 15, 2011 to an upset limit of $1,000.00; and THAT a lot grading certificate be submitted to the municipality. DISPOSITION: Carried SUBJECT: 2011 BUDGET Also in attendance: Deputy Treasurer, Water Superintendent The Treasurer presented the 2010 Budget, 2010 Actuals and 2011 Budget for the Water Department, the 5 year Waterline Replacement Program and 2011 Capital Projects. The Water Superintendent left the meeting. The Treasurer presented the 2010 Budget, 2010 Actuals and 2011 Budget for the following: Interest and investments Buildings, amended Fire, amended Building, Plumbing By -law Enforcement, amended Rodney Sewage Treatment West Lorne Sewage Treatment Recreation, amended Licensing office Reserves 2010 and 2011 Revenue Summary Expenditures Summary June 23/11...Pg 7 of 8 She reported that a $964,776 surplus was realized from 2010. There is a decrease of 10.71% in the municipal tax rate giving a municipal tax levy decrease of 7.07% for 2011. Overall, for residential /farm this yields a decrease of 6.01 She reported to Council on the rates for Rodney garbage /recycling collections. The formal public meeting for the presentation of the budget is scheduled for June 30th at 9:30 a.m. SUBJECT: BY -LAW NO. 2011-38 KALITA- PFEIFER DRAIN RES. NO. 22 Moved by Leatham Seconded by Miller RESOLVED that the mover be granted leave to introduce a By -Law to provide for a drainage works in the Municipality of West Elgin, in the County of Elgin to be called and known as the Kalita- Pfeifer Drain and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried SUBJECT: BY -LAW NO. 2011-39 TALBOT LINE DRAIN RES. NO. 23 Moved by Miller Seconded by Leather RESOLVED that the mover be granted leave to introduce a By -Law to provide for a drainage works in the Municipality of West Elgin, in the County of Elgin to be called and known as the Talbot Line Drain and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried SUBJECT: AGENDA RES. NO. 24 Moved by Miller Seconded by Leatham RESOLVED that the following items of the June 23 agenda be deferred to the Special Council meeting on June 30 2011: Correspondence item 03 By -law Nos. 2011 -40, 2011 -41, 2011 -43, 2011 -44 and 2011 -45 AMO delegation' DISPOSITION: Carried SUBJECT: CONFIRMATION BY -LAW RES. NO. 25 Moved by Leatham Seconded by Miller RESOLVED that the mover be granted leave to introduce a By -Law to confirm the proceedings of the meeting of Council held on June 23 2011 and this shall be the first and second reading and provisional adopticr! thereof. DISPOSITION: Carried p1.5 Po 4 June 23111...Pg 8 of 8 RES. NO. 26 Moved by Miller Seconded by Leatham RESOLVED that a By -law to confirm the proceedings of the meeting of Council held on June 23` 2011 be now read a third time and finally passed, signed, sealed and numbered By -law Number 2011-46 Confirming By -law June 23 2011 DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 27 Moved by Aldred Seconded by Bodnar RESOLVED that this Regular Meeting of Council shall adjourn at 5:30 p.m. to meet again on July 21, 2011. DISPOSITION: Carried These minutes were adopted on 21 day of July, 2011. MAYOR CLERK MEMBERS PRESENT: STAFF PRESENT: ALSO IN ATTENDANCE: MINUTES OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN PUBLIC MEETING WEST ELGIN COUNCIL CHAMBERS JUNE 23, 2011 Mayor Bernie Wiehle, Deputy Mayor Mary Bodnar Councillors: Norm Miller, Dug Aldred, Richard Leathern Joanne Groch Norma Bryant Ted Halwa Administrator/Treasurer Clerk Planning Consultant SUBJECT: REZONING —14036 BLACKS ROAD KINTYRE PRESBYTERIAN CHURCH Also in attendance: Gary Darlene Brown, Dave Kelly, Brien Cornwall, John Johnston The Mayor called the meeting to order at 9:30 a.m. The Clerk informed those present that notice of this meeting had been given under Section 34(12) of the Planning Act by prepaid first class rnail to all assessed owners within 150 metres of the subject property and by fax to provincial agencies and ministries as prescribed by regulation. Correspondence was received from the Lower Thames Valley Conservation Authority indicating no objections. The proposed amendment would change the zoning of lands lying 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 thr- 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: p�1 A�$ June 23/11 ...Pg 2 of 2 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) The subject lands are designated 'Agricultural' in the West Elgin Official Plan. The proposed amendment is considered to be in conformity with the Plan. Mr. Cornwall suggested the site was small and that he didn't want any problems with spraying, etc on his adjacent farmland. The Planner noted that there is no difference between a church and a residence. You have a right to farm under legislation and normal farming practices. This lot is larger than the minimum required for a RR3 zone. The Mayor asked about the water and septic. The Planner noted that approval is required. Mr. Brown reported that he has looked into the requirements for septic but has not tested the water, as the pump doesn't work. They are looking into a non conventional sewage system such as peat. They may have to drill a well. SUBJECT: ADJOURNMENT RES. NO. 1 Moved by Leatham Seconded by Bodnar RESOLVED that the Public Meeting concerning a proposed Zoning By -law Amendment for land located at Lot 3, Concession 5 (Kintyre Presbyterian Church) be hereby adjourned. DISPOSITION: Carried These minutes were adopted on this 21 day of July, 2011. MAYOR CLERK MEMBERS PRESENT: Mayor Bernie Wiehle, Deputy Mayor Mary Bodnar Councillors: Norm Miller, Dug Aldred, Richard Leathern STAFF PRESENT: MINUTES OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN PUBLIC MEETING WEST ELGIN COUNCIL CHAMBERS JUNE 23, 2011 Joanne Groch Norma Bryant Administrator /Treasurer Clerk ALSO IN ATTENDANCE: Ted Halwa Planning Consultant SUBJECT: REZONING 21554 JOHNSTON LINE MICHAEL KEARNS The Mayor called the meeting to order at 9:30 a.m. The Clerk informed those present that notice of this meeting had been given under Section 34(12) of the Planning Act by prepaid first class mail to all assessed owners within 150 metres of the subject property and by fax to provincial agencies and ministries as prescribed by regulation. Correspondence was received from the Lower Thames Valley Conservation Authority indicating no objections. 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 11, 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 chi,oge 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. Ail Pao June 23111 ...Pg 2 of 2 The Planner also reported that setbacks, etc for the gravel pit will become part of the license. The Al remnant piece of land needs to be rezoned to recognize the undersized frontage; this can be accomplished through the new zoning by -law. SUBJECT: ADJOURNMENT RES. NO. 1 Moved by Bodnar Seconded by Aldred RESOLVED that the Public Meeting concerning a proposed Zoning By -law Amendment for land located at Lot 7, Concession 2 (Kearns) be hereby adjourned. DISPOSITION: Carried These minutes were adopted an this 21 day of July, 2011. MAYOR CLERK STAFF PRESENT: MINUTES OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN PUBLIC MEETING WEST ELGIN COUNCIL CHAMBERS JUNE 23, 2011 MEMBERS PRESENT: Mayor Bernie Wiehle, Deputy Mayor Mary Bodnar Councillors: Norm Miller, Dug Aldred, Richard Leatham Joanne Groch Norma Bryant Also in attendance: John Slaats, Bob Bodkin Administrator/Treasurer Clerk ALSO IN ATTENDANCE: Ted Halwa Planning Consultant SUBJECT: REZONING 167 170 HARPER STREET, 166 QUEEN STREET 509692 ONTARIO LIMITED (SLAATS) The Mayor called the meeting to order at 9:30 a.m. The Clerk informed those present that notice of this meeting had been given under Section 34(12) of the Planning Act by prepaid first class mail to all assessed owners within 150 metres of the subject property and by fax to provincial agencies and ministries as prescribed by regulation. Correspondence was received from the Lower Thames Valley Conservation Authority indicating no objections. 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 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. iU I June 23/11 ...Pg 2 of 2 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, and 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. The Planner asked if LTVCA had given approval to the setback to the watercourse. Also, he noted that Parcel C is large and could perhaps accommodate two dwellings. The Planner reported that Land Division Committee approval to separate into four lots is required and that this approval should be obtained first, before zoning amendment is passed. Mr. Bodkin questioned if the setback to the drain is wide enough for equipment. Mr. Slaats noted that a hoe could get on site between proposed garages. Councillor Miller also expressed a concern that a hoe could not get between two houses. Mr. Slaats noted that they could dig from the road and into the site. SUBJECT: ADJOURNMENT RES. NO. 1 Moved by Leathern Seconded by Miller RESOLVED that the Public Meeting concerning a proposed Zoning By -law Amendment for land located at 167 170 Harper Street, 166 Queen Street (Slaats) be hereby adjourned. DISPOSITION: Carried These minutes were adopted on this 21 day of July, 2011. MAYOR CLERK MEMBERS PRESENT: STAFF PRESENT: SUBJECT: AGENDA Also in attendance: Jesse Cnockaert SUBJECT: 2011 TAX RATE BY -LAW MINUTES OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN SPECIAL COUNCIL MEETING JUNE 30, 2011 SUBJECT: PUBLIC MEETING 2011 BUDGET Mayor Bernie Wiehle, Deputy Mayor Mary Bodnar Councillors: Norm Miller, Richard Leatham Joanne Groch Norma Bryant Administrator /Treasurer Clerk The Mayor opened the special meeting for presentation of 2011 budgets and completion of the June 23` agenda. RES. NO. 1 Moved by Leatham Seconded by Miller RESOLVED that the Council of the Municipality of West Elgin approves the agenda for the special meeting held on June 30, 2011 as printed with the following addition: Unfinished Business from June 23, 2011 Closed Session land disposition DISPOSITION: Carried The Treasurer reported that there is a decrease of 10.71% in the municipal tax rate and a 7.07% decrease in the municipal levy in comparison to 2010. The overall decrease in the levy is 2.50 Overall there is a decrease of 6.01% in the residential and farm rate. The Treasurer noted that the Rodney garbage and recycling collections are based on assessment; whereas the West Lorne rate is a dollar amount per residential or commercial. Should the rates be applied in the same manner? Council will review this issue as part of the waste strategy. The Mayor asked Mr. Cnockaert if he had any questions. He replied NO. RES. NO. 2 Moved by Miller Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By -law to set the 2011 transition ratios and to levy taxes for the year 2011 and to establish area charges for garbage collection and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried Aa 3 Rai June 30111...Pg 2 of 4 RES. NO. 3 Moved by Leatham Seconded by Miller RESOLVED that a By -law to set the 2011 transition ratios and to levy taxes for the year 2011 and to establish area charges for garbage collection be now read a third time and finally passed, signed, sealed and numbered By -law Number 2011 -47 2011 Tax Rate By -law CORRESPONDENCE: 3. County of Elgin Report re: Fuel Surcharge After discussion of merits of asking for a quarterly review, Council agreed to the process presently being followed by the County of Elgin. SUBJECT: BY -LAW NO. 2011 -40 DEDICATE ROAD ALLOWANCE (KING STREET) RES. NO. 4 Moved by Bodnar Seconded by Miller RESOLVED that the mover be granted leave to introduce a By -Law to establish certain lands as a public highway known as King Street and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 5 Moved by Miller Seconded by Bodnar RESOLVED that a By -law to establish certain lands as a public highway known as King Street be now read a third time and finally passed, signed, sealed and numbered By -law Number 2011 -40 King Street DISPOSITION: Carried SUBJECT: BY -LAW NO. 2011 -41 —ZONE AMENDMENT KINTYRE PRESBYTERIAN CHURCH RES. NO. 6 Moved by Leatham Seconded by Miller RESOLVED that the mover be granted leave to introduce a By -law to amend Township of Aldborough Zoning By -law No. 90 -50, to change the zoning of lands in Part of Lot 3, Concession 5, from the Institutional (I) Zone to the "site- specific" Rural Residential Three (RR3 -18) Zone, and that this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 7 Moved by Miller Seconded by Leatham RESOLVED that a by -law to amend The Township of Aldborough Zoning By -law No. 90 -50 to change the zoning of lands in Part of Lot 3, Concession 5, from the Institutional (I) Zone to the "site- specific" Rural Residential Three (RR3 -18) Zone, shall now be read a third time and finally passed, signed, sealed and numbered By -law Number 2011 -41 Zone Amendment Kintyre Presbyterian Church DISPOSITION: Carried June 30111...Pg 3 of 4 SUBJECT: BY -LAW NO. 2011 -43 ZONE AMENDMENT M KEARNS RES. NO. 8 Moved by Leatham Seconded by Miller RESOLVED that the mover be granted leave to introduce a By -law to amend Township of Aldborough Zoning By -law No. 90 -50, to change the zoning of lands in Part of Lot 7, Concession 2, from the Agricultural (Al) Zone to the Special Agricultural (A2) Zone, and that this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 9 Moved by Miller Seconded by Leatham RESOLVED that a by -law to amend The Township of Aldborough Zoning By -law No. 90 -50 to change the zoning of lands in Part of Lot 7, Concession 2, from the Agricultural (Al) Zone to the Special Agricultural (A2) Zone, and shall now be read a third time and finally passed, signed, sealed and numbered By -law Number 2011 -43 Zone Amendment M Kearns DISPOSITION: Carried SUBJECT: BY -LAW NO. 2011 -44- -AMEND HUMAN RESOURCES POLICY RES. NO. 10 Moved by Bodnar Seconded by Leatham RESOLVED that the mover be granted leave to introduce a By -Law to amend the Human Resources Policy and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 11 Moved by Miller Seconded by Bodnar RESOLVED that a By -law to amend the Human Resources Policy be now read a third time and finally passed, signed, sealed and numbered By -law Number 2011 -44 Amend Human Resources Policy DISPOSITION: Carried SUBJECT: BY -LAW NO. 2011 -45 AMEND SITE PLAN AGREEMENT DOUGLAS PROPERTY LEASING RES. NO. 12 Moved by Miller Seconded by Leatham RESOLVED that the mover be granted leave to introduce a By -Law to authorize an amending site plan agreement with Douglas Property Leasing Company and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 13 Moved by Bodnar Seconded by Miller RESOLVED that a By -law to authorize an amending site plan agreement with Douglas Property Leasing Company be now read a third time and finally passed, signed, sealed and numbered By -law Number 2011 -45 Amend Site Plan Agreement Douglas Property Leasing DISPOSITION: Carried Any Aab June 30111...Pg 4 of 4 SUBJECT: DELEGATION REQUEST AMO CONFERENCE Council will not be asking for any delegations at the August conference. SUBJECT: CLOSED SESSION RES. NO. 14 Moved by Bodnar Seconded by Miller RESOLVED that the Council of the Municipality of West Elgin adjourn to a closed session to discuss a proposed or pending acquisition or disposition of land. DISPOSTION: Carried RES. NO. 15 Moved by Miller Seconded by Leatham RESOLVED that the Council of the Municipality of West Elgin do now rise and report. DISPOSITION: Carried The Mayor reported that an extension has been granted to Terms Conditions Seaside. SUBJECT: CONFIRMATION BY -LAW RES NO. 16 Moved by Miller Seconded by Leatham RESOLVED that the mover be granted leave to introduce a By -Law to confirm the proceedings of the special meeting held on June 30 2011 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 17 Moved by Leatham Seconded by Miller RESOLVED that a By -law to confirm the proceedings of the special meeting held on June 30 2011 be now read a third time and finally passed, signed, sealed and numbered By -law Number 2011 -48 Confirming By -law June 30 2011 SUBJECT: ADJOURNMENT RES. NO. 18 Moved by Bodnar Seconded by Miller RESOLVED that this Special Meeting of Council shall adjourn at 10 :30 a.m. to meet again on July 7 2011 at 4:00 p.m. for a Special Meeting. DISPOSITION: Carried These minutes were adopted on the 21 day of July, 2011. MAYOR CLERK MEMBERS PRESENT: STAFF PRESENT: MINUTES OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN SPECIAL MEETING JULY 7, 2011 Mayor Bernie Wiehle, Deputy Mayor Mary Bodnar Councillors: Norm Miller, Richard Leatham Norma Bryant Clerk ALSO PRESENT: Roxanne Nethercott, Linda Wyles, Susan Peacock, Larry Schneider, Gwen Schneider, Ruth Kam, Robert Karn, Michael Lawless, Bill Nethercott, Jim Price, Mary Taylor, Rose Crandall, Rick Crandall, Dave Kelly, Jeanne Bain, Jarrod Pridham (Intech) The Mayor opened the meeting at 4:10 p.m. noting that this special meeting of Council was called to discuss the proposed Rodney Solar Farm. As this is a special meeting of Council rather than a public meeting, if those in attendance wish to address Council a resolution must be passed. The Clerk reported on the resolution passed by Council on June 23, 2011 authorizing Intech Clean Energy to make an application on the Rodney Sewage Treatment property as an alternative to the Second Street property. DELEGATIONS: 1. Jim Price Mr. Price requested to give his comments at the end of the meeting. 2. Larry Schneider not opposed to concept but our quality of life is affected. The land is zoned for Future Residential. How affect our property value? Glad to hear about alternate location being proposed. Councillor Miller noted he was hoping for an update on the municipal property. The concern was timing of application. They have a right to do this; don't know where we go from here. Councillor Leatham agrees that property values will go down. The Deputy Mayor agreed with comments made and hoped that they will relocate the project. The Mayor reported that he was disappointed with this company. They want to be closer to a power corridor. However, our Official Plan designates new housing on serviced lands, which is what the Second Street lands are designated. Fewer taxes from solar farm and have driven residential development away. Ra A-6 July 7111.,.Pg 2 of 3 RES. NO. 1 Moved by Miller Seconded by Leathern RESOLVED that Council of the Municipality of West Elgin will hear the delegation from Bill Nethercott Michael Lawless Robert Karn Jeanne Bain Dave Kelly Rick Crandall 3, Bill Nethercott The proposal is being built over a municipal drain has this been looked into? Jarrod Pridham arrived. He noted that ratepayers and the municipality raised concerns at the public meeting. Looking at mitigation measures, such as a different site. He reviewed the requirements of an application and timelines involved. Another public meeting will be held after all the reports are completed. It will take up to 6 months for provincial review. 4. Michael Lawless He supports the idea of clean energy project. The municipality should partner with the schools to showcase the project. This could win over the residents. Tax base is not same as residential; how is this project benefiting the community? 5. Robert Karn His concerns have already been voiced. Should look to industrial land. 6. Jeanne Bain This project does not belong in a residential area. 7. Dave Kelly He owns land on south end of Rodney that could be an alternative site. Could lease 5 acres. 8. Rick Crandall There has been no maintenance on the property since purchased by Intech. Grass has not been cut, noxious weeds. What about tax considerations? He expressed a concern about EMFs and leachate from the lands. Jarrod noted that a chemical/leachate issue has not been raised before. The transformer is not oil cooled, use dry transformer. He will discuss with engineer about the EMFs and magnetic field. Regarding the municipal drain, the Clerk advised that under the zoning by -law the setback from a closed tile drain is 4.5 metres from centreline on each side. 9, Jim Price he doesn't feel the same passion from the company as the residents. Bring forward alternate side as an alternative, not a new application. Municipality should be reasonable in financial dealings with Intech. 10. Councillor Miller thought this alternative would have gone forward by now. Jarrod noted that a change in location is new for OPA and not sure how they will respond. The Mayor thanked everyone for attending. July 7111...Pg 3 of 3 SUBJECT: CONFIRMATION BY -LAW RES. NO. 2 Moved by Bodnar Seconded by Miller RESOLVED that the mover be granted leave to introduce a By -Law to confirm the proceedings of the special meeting of Council held on July 7` 2011 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 3 Moved by Leatham Seconded by Bodnar RESOLVED that a By -law to confirm the proceedings of the special meeting of Council held on July 7' 2011 be now read a third time and finally passed, signed, sealed and numbered By -law Number 2011 -49 Confirming By -law July 7 2011. DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 4 Moved by Miller Seconded by Leathern RESOLVED that this Special Meeting of Council adjourn at 5:15 p.m. to meet again on July 21', 2011. DISPOSITION: Carried These minutes were adopted on the 21" day of July, 2011. MAYOR CLERK /44 MUNICIPALITY OF WEST ELGIN NOTICE OF PUBLIC MEETING ZONING BY -LAW AMENDMENT Robert Boothe 21455 Marsh Line B 1 DATE TIME: 9:30 a.m. Thursday, July 21 2011. LOCATION: West Elgin Municipal Building 22413 Hoskins Line north of the Village of Rodney. PURPOSE: To permit the storage and sale of used cooking oil for animal feed on a rural residential lot The proposed amendment would change the zoning of lands lying on the south side of Marsh Line west of Furnival Road, comprising part of Lot 3, Concession X, from the Special Agricultural (A2) Zone to a 'site specific' Special Agricultural (A2-#) Zone. The owner is seeking the re- zoning to permit the construction of a 14.6 m x 19.5 m (48 ft x 64 ft) pole barn in which used cooking oil would be stored and sold as an additive for animal feed. Another building on the property is currently being used for these purposes. The subject lands comprise an area of 1.0 hectares (2.4 acres), a frontage of 61 metres (200 ft) and a depth of 160 metres (525 ft). The parcel is occupied by a single unit dwelling, detached garage and storage barn. The proposed pole barn would be situated at the rear of the dwelling and would be used to accommodate a truck, utility trailer, flat bed trailer, 45 gallon drums and holding tanks for the used cooking oil. The permitted uses of the Special Agricultural (A2) zone include an agricultural use, a single unit detached dwelling, a bed and breakfast establishment, a home occupation and an accessory use. A 'site specific' (A2 zoning will be considered to include an "agricultural sales establishment" as a permitted use, being defined as follows: AGRICULTURAL SALES ESTABLISHMENT, shall mean the use of land, buildings, or structures or portions thereof for the purpose of sales of goods, materials or services that are necessary to support agricultural uses as defined by this By -law and without limiting the generality of the foregoing may include the processing, sale and storage of feed, fertilizer and chemical products, and farm fuel suppliers or depots. (Section 2.3) The subject lands are designated `Agricultural' 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 3o 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: nbrvant(a,westelgin.net APPLICATION FORA ZONING BY -LAW AMENDMENT: P5/2011 Robert Boothe 21455 Marsh Line Part of Lot 3, Concession X (Aldborough) Municipality of West Elgin Municipality of WEST ELGIN 0 a 0 z I O II Clachan III X U.1 I XI z' a U I XII Municipality of BF Southwest Middlesex l I BEATTIE LINE\ oo O 0 O >x X z w z oz J Fe cc 0 2 FLEMING LINE GIBB LINE JOHNSTON LINE MCLEAN LINE KINTYRE LINE MCDOUGALL LINE HWY 401 HOSKINS LINE DOWNIE LINE MCMILLAN LINE PIONEER LINE SILVER CLAY LINE TALBOT LINE O Rodney Port Glasgow QUEENS LINE Al CONCESSION IX MARSH LINE Al AIR PHOTO: 2006 Al Al LOT 3 CONCESSION X ZONING Al AGRICULTURAL A2 SPECIALAGRICULTURAL LANDS PROPOSED TO BE RE -ZONED TO SITE SPECIFIC' SPECIALAGRICULTURAL (A2 LAKE ERIE GRAY LINE West Lorne 13 14 15 16 17 18 19 20 21 22 23 24 1:2,500 DATED AT RODNEY this So day of June, 2010. MUNICIPALITY OF WEST ELGIN PUBLIC MEETING ZONING BY -LAW AMENDMENT Georges Joan Beauregard (Victor Matas, applicant) 22102 Gibb Line B�- DATE TIME: 9:30 a.m. Thursday, July 21 s 2011. LOCATION: West Elgin Municipal Building 22413 Hoskins Line north of the Village of Rodney. PURPOSE: To be granted relief from certain provisions of the Zoning By -law and to prohibit the erection of a dwelling on lands remaining related to the creation of a lot to dispose a surplus farm dwelling. The proposed amendment would change the zoning of lands Tying on the north side of Gibb Line west of Furnival Road, comprising part of Lot 9, Concession I, from the Agricultural (A1) Zone to a 'site specific' Agricultural (A1-#) Zone and a 'site specific' Special Agricultural (A2-#) Zone. The rezoning is necessary to maintain compliance with the Zoning By -law and fulfill a condition of consent imposed by the County of Elgin Land Division Committee in granting permission to create a lot for the purpose of disposing of a surplus farm dwelling (Application for Consent E28/11). The lands proposed to be rezoned 'site- specific' Special Agricultural (A2-#) comprise an area of 1.9 hectares (4.8 acres), a frontage of 70 metres (230 ft) and a depth of 275 metres (902 ft). The parcel is occupied by a single unit dwelling and three storage buildings. No change in use is proposed. The parcel satisfies the minimum lot area and minimum lot frontage requirements (4,000 sq m and 50 m respectively) of the A2 zone but would exceed the maximum lot area requirement of 1.0 ha and would exceed the maximum lot depth to lot frontage ratio of 3:1. The proposed 'site- specific' (i.e. A2 zoning would permit these deficiencies. The lands proposed to be rezoned 'site- specific' Agricultural (A1-#) comprise an area of 18.1 hectares (44.7 acres) and a frontage of 229 metres (750 ft). The parcel is devoid of buildings and structures and has been cleared for agricultural purposes with the exception of woodlands and scrublands. No change in use is proposed. The 'site specific' (Le. A1-#) zoning would permit a lot having less than the minimum lot area requirement (19 ha) of the Al zone and would prohibit a dwelling being erected on the lands as stipulated by the Provincial Policy Statement and the West Elgin Official Plan. The subject lands are designated 'Agricultural' 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. Municipality of West Elgin 22413 Hoskins Line P.O. Box 490 Norma Bryant 7 Rodney, Ontario Clerk NOL 2C0 Telephone: (519) 785 -0560 Fax: (519) 785 -0644 Email: nbryant @westelgin.net APPLICATION FOR A ZONING BY -LAW AMENDMENT: P6/2011 Georges Joan Beauregard (Victor Matos, applicant) 22102 Gibb Line Part of Lot 9, Concession I Municipality of West Elgin Municipality of WEST ELGIN I I Municipality of BF Southwest Middlesex FLEMI i 1 I I I� VI VI V II 2 3 1 11 Clachan, 1 III b i A o I Iv a1 Z I U V I 8 C JOHNSTON LINE MCLEAN LINE 4 5 8 7 KINTYRE LINE MCDOUGALL LINE HWY 401 HOSKINS LINE DOWNIE LINE MCMILLAN LINE QUEENS LINE PIONEER LINE 2 3 4 6 MARSH LINE B EATTIE LINE \_c Ct Er 12 13 14 C 15 162 Z� C 0 rY O 6 9 10 11 Rodney THOMSON LINE o 0 SILVER CLAY LINE W New TALBOT LINE Glasgow 4 8 9 10 11 12 Eagle XIII Port Glasgow GRAY LINE LAKE ERIE ZONING Al AGRICULTURAL GIBB:LINE West Lorne 13 14 15 16 17 18 19 20 21 22 AIR PHOTO,!'2008 A'1 l CONCESSION 11 LANDS PROPOSED TO BE RE -ZONED TO SITE SPECIFIC' AGRICULTURAL (A1-#) LANDS PROPOSED TO BE RE -ZONED TO 'SITE SPECIFIC' SPECIAL AGRICULTURAL (A2 23 Al x I 1 1 24 G ow fi 4 e '1g Q L Y 0 c7 0 I 0 CO z D 0 1:8,000 g3 ca 0 o V c cn O N N 76 c u) N ca O a cn v Q c V O c 0 cu Q- W N O L N 1... 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Halwa SUBJ: Application for an Amendment to the Zoning By -law: Robert Boothe 21455 Marsh Line (Part of Lot 3, Concession X) south side of Marsh Line west of Furnival Road former Township of Aldborough 1. PURPOSE 2. ANALYSIS (Figure 1) #000712050 to change the zoning of the above mentioned lands from the Special Agricultural (A2) Zone to permit the storage and sale of used cooking oil in addition to all other permitted uses of the A2 zone. the subject lands comprise a rectangularly- shaped parcel having an area of 1.0 hectares (2.4 acres) a frontage of 61 metres (200 ft) and a depth of 160 metres (525 ft). The parcel is occupied by a single unit dwelling, being the residence of the owner, detached garage and storage barn; the owner acquired the lands in November 2007 and is requesting permission to continue to operate the above noted business on the parcel, known as CS Cooking Oil Removal. The re- zoning, if approved, would permit the construction of a 285 sq m (3067 sq ft) pole barn in which used cooking oil would be stored and subsequently sold as an additive for animal feed. The re- zoning would also permit the use of the existing 250 sq m (2688 sq ft) storage barn for these same purposes; c f Proposed Zoning By -law Amendment- Robert Boothe Municipality of West Elgin 18 July 2011 page 2 #0007/2050 the proposed pole barn would be situated at the rear of the dwelling and would be used to accommodate 170 litre (45 gallon) drums and holding tanks for the storage of used cooking oil as well as a truck, utility trailer and flat bed trailer; the used cooking oil is collected from local businesses and transported to the subject lands where it is stored (and kept heated to maintain its liquid state). The oil is collected once per week and transported by truck to livestock producers as an additive in animal feed. The operation employs the owner, his brother and a part time helper; the product is designated by the Canadian Food Inspection Agency (CFIA) as a federally regulated feedstock and is, therefore, not considered a "waste" which would otherwise be subject to regulation by the Ministry of Environment. Mr. Carl McLane of the CFIA has confirmed that a rendering permit has been issued for the business. The permit allows the storage of the oil and its use as an animal feed additive. We have not been able to determine whether there are procedures or guidelines in place regarding handling of the product; although a rural location is not essential for the operation, it is preferred by the owner insofar as it is his place of residence, the equipment and storage facilities are already in place and the business has been operating without incident since the parcel was purchased in 2007; access to the parcel is provided by means of an existing entrance to Marsh Line, a gravel surfaced road under the jurisdiction of the Municipality. The dwelling (21455 Marsh Line) is serviced by an on -site water supply (well) and a private on -site sanitary waste disposal system. The operation does not require any upgrades to these services according to the applicant; neighbouring lands are primarily in agricultural use. Rural residential development is the vicinity of the subject lands is scattered and isolated. The potential for land use conflicts with neighbouring uses is not readily apparent; consistency with the Provincial Policy Statement (PPS) is required. In prime agricultural areas, Proposed Zoning By -law Amendment- Robert Boothe Municipality of West Elgin 18 July 2011 page 3 #0007/2050 permitted uses include secondary uses and agriculture related uses. By definition, the proposed use would not appear to constitute an 'agriculture related use' under the PPS. Secondary uses, as defined by PPS, are as follows: means uses secondary to the principal use of the property, including but not limited to, home occupations, home industries, and uses that produce value -added agricultural products from the farm operation on the property (Section 6.0) with respect to secondary uses, the PPS states Proposed new secondary uses and agriculture related uses shall be compatible with, and shall not hinder, surrounding agricultural operations. These uses shall be limited in scale, and criteria for these uses shall be included in municipal planning documents as recommended by the Province, or based on municipal approaches which achieve the same objection (Section 2.3.3.1) Secondary uses may also be permitted where they are limited in scale as prescribed by the Zoning By -law and are clearly secondary to the principal use of the parcel on which they are conducted. Such uses may include home occupations and uses that produce value added agricultural products for the farm operation. Where these new uses would conflict with farming operations or would reduce the farming options or flexibility on adjacent or surrounding farmland, they shall not be permitted. Compliance with the MDS Formula One (MDS 1) shall be required. (Section 6.2.2) the subject lands are zoned Special Agricultural (A2) in the Township of Aldborough Zoning By- law. While a 'home occupation' is a permitted use, there are restrictions on the size of accessory buildings used for such purposes as well as restrictions on the selling of goods and on the number of employees engaged to the owner and one assistant; the size of accessory buildings for use as a 'home occupation' are strictly limited in the A2 zone to 75% of the total floor area of the dwelling. In the General Agriculture (A1) Zone, where such accessory buildings are used for the sale of farm supplies, the maximum floor area is 300 sq m (3230 sq ft). The combined total floor area of the existing barn and the proposed barn to be used to accommodate the business would be 535 sq m (5759 sq ft); the lands are designated 'Agricultural' in the West Elgin Official Plan. Secondary uses including home -based businesses and occupations are permitted in accordance with the following: Proposed Zoning By -law Amendment- Robert Boothe Municipality of West Elgin 18 July 2011 page 4 #0007/2050 the proposed use essentially constitutes a 'home occupation'. It is relatively small in scale, conducted by the owner who resides on the parcel as his principle residence and, for all intents and purposes, one assistant and is situated well to the rear of the parcel where the principle or main use of the parcel would not usually change. A re- zoning to `site specific' Special Agricultural (A2-#) could address issues of compliance related to the actual use, size of buildings used in the operation and number of employees and be in keeping with the intent of the Official Plan regarding 'home occupations'; the use is small in scale and directly related to serving the needs of the farm community. Being agriculturally related, it is a use supported in principle by the PPS and the West Elgin Official Plan to be suitably located in agricultural areas. The potential for adverse impacts on neighbouring uses and on municipal services (in this instance, roads) is not apparent. Given the size and nature of the use, the application is capable of being supported. RECOMMENDATION That the application to change the zoning of the subject lands, being 21455 Marsh Line being part of Lot 3, Concession X, from the Special Agricultural (A2) Zone to permit the storage and sale of used cooking oil as an additive for animal feed be accepted and the necessary amendment to the Zoning By -law be adopted. (original signed by) Ted L. Halwa, MCIP, RPP APPLICATION FORA ZONING BY -LAW AMENDMENT: P5/2011 Robert Boothe CS Cooking Oil Removal 21455 Marsh Line Part of Lot 3, Concession X (Aldborough) Municipality of West Elgin Municipality of WEST ELGIN FIGURE 1 LOT 3 CONCESSION IX LOT 4 CONCESSION IX LOT3 CONCESSIONX ZONING Al AGRICULTURAL A2 SPECIAL AGRICUTURAL RR3 RURAL RESIDENTIAL THREE MARSH °LINE- LANDS PROPOSED TO BE RE -ZONED TO SITE SPECIFIC' SPECIAL AGRICULTURAL (A2-#) 1:5,000 Metres D 75 150 225 300 West Elgin Recreation Department Inter Office Memo Date: July 14 2011 To: Administrator Joanne Groch West Elgin Council From: Recreation Superintendent Jeff Slater Subject: Vandalism in Miller Park Discussion: At 2:30 am on July 14 2011 someone burned one of the new park benches. The bench was located on Jesse Street just behind the lawn bowling green. The West Lorne Fire Fire Department as well as the OPP attended and the damage was restricted to the bench and garbage receptacle. The estimated replacement value is 1500.00. Should you or Council have any concerns regarding this matter please contact me at 519- 857 -6132. Jeff Slater West Elgin Recreation Superintendent. sn3e3S N3dO N3dO N3dO N3dO N3dO N3dO COMPLIANT COMPLIANT COMPLIANT COMPLIANT COMPLIANT COMPLIANT COMPLIANT OPEN OPEN Action Taken order issued under investigation under investigation order issued order issued owner contacted order issued order issued order issued IBY-LAW ENFORCEMENT REPORT REPORT: JULY 21, 2011 Nature of Complaint untidy yard untidy yard building untidy property untidy property grass I I I aPdl r -01.1 N -O N N I mti. N N I ZEZ 01.Z L LOZ 1 COUNCIL OF THE MUNICIPALITY OF WEST ELGIN JOANNE GROCH, ADMINISTRATOR/TREASURER JULY21, 2011 RE: LANDFILL SITE ADMINISTRATION INTRODUCTION: TO: FROM: DATE: In the past there was a Landfill Committee consisting of the Mayor, one Councillor and the Clerk. The site operator and collectors for Rodney attended as well as the public. Meetings were held about twice yearly and focused on collection and recycling issues. An Administrative Committee was set up consisting of the Mayor, one Councillor, the Clerk and the landfill contractor. These meetings were held monthly and focused on site operations. DISCUSSION: rel 4i rni r i j rnIit �f rot lagin In most municipalities the responsibility for landfill sites usually comes under a Physical Services Department or Public Works Department. Since we do not have either of these departments the most logical place would be under the Roads Department. The Road Superintendent would provide supervision to the landfill site contractor to make sure legislative requirements are being met and will report to Council on a monthly basis. As part of this he will be making monthly inspections at the site. He will also be the contact for the collectors (garbage and recycling) in Rodney and West Lorne and deal with any issues arising. For complaints and enquiries received in the office, the Clerk will continue to assist. Presently the Clerk completes /compiles information for WESA reports eg. daily records of users and will continue to do so. She also has taken the lead with the Waste Recycling Strategy. As well, the Deputy Treasurer completes the annual Waste Diversion Ontario reports and will continue to do so. RECOMMENDATION: Council authorize the operations and monitoring of the Landfill Site and Garbage and Recycling Collections come under the responsibility /supervision of the Roads Department and that monthly reports be presented to Council. „I/vie)) Joanne Groch, B.A., AMCT Administrator/Treasurer 22413 Hoskins Line, Box .490, Rodney, Ontario NOL 2C0 Tel: (519) 785 -0560 Fax: (519) 785 -0644 g(a) WESA A Better Environment For Business Dear Ms. Mulcahy: Response to Comments Agreed. Ms. Lynda Mulcahy Ministry of the Environment Environmental Assessment and Approvals Branch Floor 12 A St. Clair Ave West Toronto, ON M4V 115 Re: West Elgin Landfill Site Response to MOE Comments (MOE Reference Number 5963- 85EJQ9) DRAFT For Discussion Purposes Only July 12th, 2011 Project No. W- B4718 -10 WESA Inc. (WESA) has been retained by the Municipality of West Elgin to respond to comments provided by the MOE regarding the West Elgin Landfill Site, herein referred to as the "site" located within the Municipality of West Elgin, Rodney Ontario. Comments came in the form of a letter and an email from Ms. Lynda Mulcahy (both dated April 18th, 2011). The MOE comments were provided on the 2006 Annual Hydrogeological Investigation Design and Operations Report (WESA 2006). Note that a response is provided beneath individual MOE comments repeated below in italics I. As the total waste capacity exceeds 40,000 cubic metres, and the site is currently operating, O. Reg. 232/98 applies to the site. Calgary Gatineau Kingston Kitchener Montreal Ottawa San Salvador Sudbury Toronto Yellowknife WESA lnc. 171 Victoria Street North Kitchener, Ontario, Canada N2H 5C5 Tel: 515- 742 -6685 Fax: 519.742 -9810 Email: wesakw@wesa.ca www.wesa.ca Response to MOE Comments DRAFT (MOE Reference Number 5963- 85F]Q9) 2 Certain conditions from the CofA (issued December 21, 2005) were not yet complied with at the time of writing the 2006 Annual Hydrogeological Investigation and Design and Operation Report (D &O report). These Included: Condition 16 information to be included in the entrance sign Condition 25 -how often are site records maintained.? Condition 27 record of site inspections Certain conditions (18, 20) assume weekly site attendant visits/ inspections. The DSO states that the site attendant is only onsite on a monthly basis -please confirm frequency of site inspections For a site this size, it is preferred that weekly inspections be done. This is particularly important during summer months when visitors may be using the site, and there is increased usage. All conditions of the CofA have been complied with. including Condition 16 pertaining to the information to be included on the entrance sign as stated in the 2006 Annual Site Monitoring and Operations Report (WESA 2007a) and all subsequent annual reports (WESA 2008, 2009a. 2010a, and 2011). 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 for the West Elgin Landfill as per Conditions 25 through 28 of the CofA, at the local municipal offices. The site is operated on Wednesdays, Fridays, and Saturdays during summer months and winter months (however operates on reduced hours on Saturdays during the winter), and the site attendant is on -site every day it is operating. Therefore both Conditions 18 and 20 that required daily cover placement and weekly site attendance for litter pick -up are satisfied. WESA performs site inspections for the Municipality twice a year during the sampling events. A blank copy of the WESA Landfill Inspection and Maintenance Record is included Attachment A. The Municipality will do additional inspections as requested, however since the landfill is only open 2 to 3 days a week, weekly inspections would not see a change in landfill operations between inspections. The Municipality is in the process of initiating monthly inspections. A template Monthly Inspection Report has been provided to the MOE and copy is also included in Attachment A. 3. Condition 19 intermediate cover has all fill previously placed within the buffer zone been covered. In 2009, final cover was placed in the buffer zone along the roadway. All fill previously placed within the buffer has been covered. Intermediate cover within the landfill footprint is placed as required (MESA 2007a, 2008. 2009a, 2010a. and 2011). Response to MOE Comments DRAFT (MOE Reference Number 5963- 85EJQ9) 4. Has a topographic survey been done for the site? From Figures 9, 10, 11, design contours are provided, but existing contours should be provided, indicating current fill status and slopes for the site. Is Area 1 currently the active fill zone? The landfill site was re- surveyed in spring 2010 and discussed in the 2010 annual report for the site (WESA 2011). The survey data allowed for an update 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 is noted that all reference elevations for the site in 2010, including borehole elevations, monitoring well elevations and cross sections have been updated based on the spring 2010 landfill re- survey. Figures 4, 5, and 6 from the 2010 annual report (WESA 2011) are provided in Attachment B to show the fill status and slopes at the site. They are currently filling in fill area 3. 5. Site drainage and any storm water control features are not indicated on the drawings please provide a drawing that indicates surface water flow paths and direction. Are there drainage swales/ ditches at the site? As stated in the 2006 annual report (WESA 2007a) and all subsequent annual reports (WESA 2008, 2009a, 2010a, and 2011), the natural surface water drainage at the West Elgin Landfill site is controlled by the low topographic relief. There are no on -site drains at the site and little evidence of surface water ponding or channels during site visits. The landfill is situated on a local topographic high and therefore surface run off has not a problem. A figure noting the site features is provided in Attachment B as Figure 1 and a figure showing the surface water flow is provided as Figure 2. 6. A general comment regarding conditions where the DCO states these are not being complied with Conditions in the Certificate of Approval must be complied with. If changes in operations are required or requested (that vary from current conditions in the CofA) please clearly state what these are and reasons why Also, the DDO report contains working "should" for many aspects of the operations of the site. The DcisO is a record of operating procedures for both the Ministry and the Owner, and should clearly state what the operations are, not what they should be. It is understood though that recommendations are provided for the Owner in section 4 of the report. Response to MOE Comments (MOE Reference Number 5963- 85E]Q9) DRAFT Agreed at the time of writing the Hydrogeological Investigation and Design and Operations Report (WESA 2006) the landfill was not in compliance with all the conditions in the CofA or operating within the operating procedures set out in the report. Section 4.0 of the report (WESA 2006) was provided to enable the Municipality to come into compliance, which they have. Please refer to the annual reports (WESA 2007a, 2008, 2009a, 2010a. and 2011) as confirmation of compliance with the CofA conditions, as well as compliance with the operating procedures. 7. Capacity is there any documentation available regarding the previous estimate (1984) of the site's capacity? Did the current revised estimate include information from site boreholes (current waste depth) or test pits? How was the estimate for fill previously placed within the buffer zone (figure 11) obtained? Has the approved limit been staked in the Feld? Documentation of the MOE's 1984 site capacity estimate is not available. In 2006 the site capacity estimate of 134,823m was determined using AUTOCAD software and the final contours plan which was 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. However, in 2010 a topographic survey was performed and the site capacity estimate was revised, based on the final contour plan and the new survey, and was determined to be 106,110 m This estimate was obtained using AUTCAD Civil 3D, version 2010 software, the historic borehole Togs and cross sections from the site, and the new survey data for ground surface, as well as the final contour plan for the site. The estimate for fill previously placed within the buffer zone was estimated in 2006 using borehole log data. The approved limit was staked using cement blocks in the field in 2006 (WESA, 2007a). Response to MOE Comments DRAFT (MOE Reference Number 5963- 85EJQ9) S. Based on discussions with the District office, and review of Technical Support memoranda, the municipality intends to establish a Contaminant Attenuation Zone. Please provide an update on the status of the land or groundwater rights acquisition for the Contamination Attenuation Zone (CAZ). My understanding is that the CAZ would have a limit of 50m from the property line in the south-southeast direction and 50m to the east? Please provide a figure showing the current proposed CAZ limits Has the basis for the proposed CAZ been accepted by Technical Support Section? The subsurface investigation and leachate delineation conducted in 2006 (WESA 2007b) 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). To fulfill the requirements of the RUL a Contaminant Attenuation Zone (CAZ) must be established for the site. The CAZ allows contaminants to be naturally attenuated to levels below the limits established for the site. To the southeast and south, off -site 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. Based on the site conditions, a proposed CAZ was established (WESA, 2007b) and the extent is outlined in Figure 3 provided in Attachment B. As indicated on Figure 3 the CAZ extends off -site (land not owned by the Municipality) towards the south and southeast. In order to establish a CAZ on lands not owned by the operator (in this case the Municipality) of the disposal site, the operator must purchase the property in question or obtain the right to the use of this zone by reaching agreement with the property owner. The agreement should be registered on the title to this land. Discussions have been in place with the MOE regarding the establishment of a CAZ towards the southeast and southwest. The following actions have been taken by the Municipality, 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, 2007b). 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. Response to MOE Comments DRAFT (MOE Reference Number 5963- 85EJQ9) 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 210, 2010 correspondence to Mr. Prendergast advising the Council agreed that the municipality is 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 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. Based on the site conditions and the requirements for a CAZ as set out in the Reasonable Use Guideline an environmental cleanup is not an option at this site. It has therefore been recommended that legal counsel acting on behalf of the Municipality, be retained to determine further actions with respect to this issue. The Municipality has had an appraisal of the property completed and the information has been provided to Mr. Crane through his legal counsel. No response has been received to date. 9. The bum area cannot be within the rite buffer area. It is not clear that the location of the burn pile cannot be in the site buffer area. Ontario Regulation 232/98, s 22(1) and 22(2) have been copied below: "Burning 22.(1) The owner and the operator of a landfilling site shall ensure that no municipal waste is burned at the site as part of the Iandfilling operation. O.Reg. 232/98, s.22 (1). Response to MOE Comments (MOE Reference Number 5963- 85E1Q9) In addition the Ministry of the Environment Guideline C -7 (Burning at Landfill Sites) also does not specify the location of the-N..rn pile. Please provide further clarification. 10. Where are the recyclables at the site transported to (receiving facilities)? The volume of recyclables leaving the site each year is documented in the Annual Monitoring Reports (WESA 2007a, 2008, 2009a, 2010a, and 2011) and is tracked by the Municipality. The location of the receiving facilities is dependent on market values for the various recyclables streams. 11. (2)Subsection (1) does not apply to clean wood and brush that is burned during daylight hours under controlled and supervised conditions in a segregated portion of the site. O.Reg. 232/98, s.22 (2)." Landfill gas it is understood that risk from gas is low as there are no buildings present at the site, nor at the adjacent properties Although the MOE empirical formula was used to estimate limits with respect to gas migration, please comment on the possibility for gas migration offsite given the permeable sand/ gravel unit in the area. Waste was placed within this unit. Are any structures or residences present at nearby properties? Please confirm whether there are any buried utilities at the site that could provide a preferential gas pathway. Groundwater monitoring and sampling events since fall 2007 have included methane gas measurements at each of the groundwater monitoring wells on -site. Methane concentrations are measured using a portable Eagle4 combustible gas monitor calibrated for methane with a Multi gas methane sensor. Methane readings in parts per million methane, LEL of Lower Explosive Limit) and methane are measured within the riser pipe at each monitoring well location. DRAFT Methane concentrations are generally measured at concentrations below the range detectable by LEL at all well locations with the exception of 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). Methane concentrations at property boundary wells have been non detect since 2007. Response to MOE Comments DRAFT (MOE Reference Number 5963- 85EJQ9) Buildings/ structures on nearby properties are greater than 200 m from the site boundary to the northwest (this estimate is based on a GoogleEarth 2010© search). All other buildings/ structures on nearby properties are greater than 500 m from the site boundary. There are no buried utilities at the site. 12. Final cover -cap layer thicknesses conform to Reg. 232 requirements The design seeks to use low permeability sail (clay) to cap the site. This will decrease infiltration rate but increase the contaminating lifespan of the site. Is this design approach preferable for this site, given the high permeability sub soils? Reg. 232 specifies a required minimum infiltration rate (s.10(4)). Please provide the estimate of the infiltration rate for the final cover, with supporting calculations, and clarify what the design objectives are. it is the intent of the Muncipality to conform to O.Reg.232/98 requirements for landfill closure and post closure care as specified in s.18. Although the final design of the final landfill cover has not been completed, as stated in the Hydrogeological Investigation and Design and Operation Report (WESA 2006). detailed plans and specifications for closure of the landfill will need to be prepared once the landfill has reached 90% capacity or 2 years before closing date. Since there are no leachate containment facilities operating at the site, it is anticipated that the design concept will be to minimize infiltration through the waste in order to reduce the potential for leachate migration in the underlying strata. It is recognized that this will increase the calculated contaminating lifespan for the site; however, the risk of contaminant migration will be reduced significantly. Detailed calculations and specifications for the final cover and contaminating lifespan will be completed when the closure plan is prepared. 13. This is a natural attenuation site, and no engineered systems are proposed at this time. However, please provide a statement regarding the geotechnical stability of the subsurface soils, with respect to future settlement/ differential settlement (particularly for saturated clay unit), and slope stability for the landfill. The nature of the clay (well laminated to massive clayey silt till (Map P.1973)) is over consolidated and not prone to large amounts of settlement or differential settlement. Slope stability based on historical observation has not been an issue, but will continue to be monitored. Response to MOE Comments DRAFT (MOE Reference Number 5963- 85EJQ9) Email Comments 1. I need to clarify that the intent of Reg.232 applies to this site (with respect to Reasonable Use Guideline, but not requirement for engineered systems). Original approval was issued in 1980, (prior to 1998) and site is not expanding- No response required. 2. A theoretical capacity calculation should be done for the site, using information from the original approval, if not done previously. This should be done as per MOE's "landfill Capacity Determination" document. This establishes the original capacity of the site. This was not included with the D &O, but is required by Condition 13 c). Please see response to Comment 7 above the determination of the landfill's capacity calculation. Condition 13c) of the CofA requires the theoretical capacity, the current volume of waste landfilled and the expected remaining life expectancy. This information is provided in the annual reports. In the 2010 Annual Monitoring report (WESA 2011), it was stated that, based on the final contours plan updated with 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 m3. Response to MOE Comments (MOE Reference Number 5963- 85EJQ9) 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. Sincerely, WESA Inc. S'rana Scholes, B.A.Sc., P.Eng. Environmental Engineer Encl. Ref 84718 -10 repd R TCd. docx DRAFT For Discussion Purposes Only DRAFT Karen Greer, MSc., P.Geo. Project Manager Norma Bryant From: "Joanne Groch" <jgroch @westelgin.net> To: "Norma Bryant" <nbryant @westelgin.net> Sent: Wednesday, July 13, 2011 1:15 PM Subject: Fw: Aldborough School Evacuation Site For council agenda Joanne Original Message From: Chris Blagden To: jgrocht?a westelgin.net Sent: Tuesday, July 05, 2011 10:57 AM Subject: Aldborough School Evacuation Site Hello Jo -Anne, This email is a follow -up to a telephone message that you received from Aldborough School's custodian, Mike Tullo. The school has been reworking its Emergency Response Plan. It has been deemed by the school's Health and Safety Committee, that an appropriate evacuation site for the staff and students would be the West Elgin Community Centre in Rodney. In the event that the school had to be evacuated and personnel be off -site, the Centre would be within walking distance of the school. This would be a safe place from which to make family contacts and arrange for student transportation. Please share this email with appropriate council members so that a decision may be made regarding Aldborough's proposal. Thank you for your support in this matter. Note There is a new Principal at Aldborough for the next school year. The Principal is Kelli Gough. The charge custodian remains the same: Mike Tullo, Christine Blagden Principal Aldborough P.S. 11443 Furnival Rd., R.R. #3 Rodney, ON NOL 2C0 519- 785 -0811 Page 1 of 1 D gfc.) 7/14/2011 M I n eci Cin t. h f av t- Pt? A "-ft ^--Z51 Pi W 4--4P11 Oce41 C9a,c_a.4e7 Et b Scs deAd fl C' k4).e. cl 0 t CAA Cje. CZ DA S V-e_ L..4- S f .fr 0_1:5 el 6 el June 14, 2011 The Right Honourable Dalton McGuinty Premier of Ontario Queens Park Room 281, Legislative Building Toronto ON M7A 1A4 Dear Premier: Re: Limiting manufacturing and packaging to products that can be recycled. I wish to advise that the Council of the Township of South Frontenac at their meeting on June 7 passed the following resolution: "Whereas the Province has the authority to introduce measures to control the sale of products in Ontario, and whereas the Province has set waste diversion rates for municipalities, therefore the Township of South Frontenac requests that the Province introduce legislation that limits the sale of goods sold in Ontario to those which are completely recyclable or compostable and packaged in materials that are completely recyclable or compostable. Furthermore that this resolution be circulated to other municipalities for their support. Carried." The Township of South Frontenac and the Province have set aggressive diversion rates from landfill. Success will only be achieved by reducing the amount of product and packaging that is produced that is not completely recyclable. Yours sinc W c Administrative Officer. TOWNSHIP OF SOUTH FRONTENA C P.D. Box 100 4432 George Street Sydenhatn, ON KOH 2TO WO:am c.c. Honourable John Wilkinson, Minister of the Environment Randy Hillier, MPP Lanark Frontenac- Lennox Addington Association of Municipalities of Ontario Ontario Municipalities Tel (613) 376 -3027 1- 800 559 -5862 Fax (613) 376 -6657 www. township.southjrontenac. on. ca a June 20, 2011 Township of North Stormont Ms. Karen McPherson Municipal Clerk 15 Union St. PO Box 99 Berwick, ON KOC 1G0 Dear Ms.McPherson, SUBJECT: TOWNSHIP OF NORTH STORMONT WILDFIRES IN SLAVE LAKE, ALBERTA At a Regular meeting of the Council for the Township of Carling held on June 13, 2011, the Council carried the following resolution: 11 -078 Moved by Councillor Larson Seconded by Councillor Murphy Yours truly, SPK:bs NOW THEREFORE BE IT RESOLVED THAT Council of the Township of Carling support the position of the Township of North Stormont and authorize a donation of $100.00 to the Town of Slave Lake to help compensate them in their recent fire; AND FURTHER THAT the resolution be forwarded to all Ontario municipalities and that they be asked to match this donation. Stephen P. egi Chief Administrative Officer /Clerk cc. All Ontario Municipalities The Corporation of THE TOWNSHIP OF CARLING R.R. #1, Nobel, Ontario POG IGO E -mail: admin ©carltngtownship.ca Phone: (705) 342 -5856 Fax: (705) 342 -9527 Carried. e3 The Corporation of the Municipality of Central Elgin Susan McConnell Administrative Services Coordinator County of Elgin 450 Sunset Drive St. Thomas, ON N5R 5V1 Dear Ms. McConnell: Yours truly, Dianne Wilson Deputy Clerk c.c. Elgin County Lower Tier Municipalities I L. Perrin, Director of Physical Services 450 Sunset Drive, 1st Floor, St.Thomas, Ontario N5R 5V1 P:519.631.4860 F:519.631.4036 Nl�lS�Alt Op "CeitteD ST giG ffti -4 2011 June 29 2011 Re: County Road Funding Please be advised that Council discussed a report respecting the above noted matter at their Regular Meeting dated Monday, June 27 2011 and the following two (2) resolutions were passed: 1. THAT: The Council of the Corporation of the Municipality of Central Elgin is in agreement with the current funding model of a price per kilometre for County Road Maintenance provided that the cost per kilometre for Class 1 and Class 2 roads be increased; AND FURTHER THAT: The Municipality of Central Elgin is willing to be considered as a test site for the use of unit price compensation model for the maintenance of County of Elgin roads as per Report PW 49 -11, prepared by Lloyd J. Perrin, Director of Physical Services. CARRIED. 2. THAT: The Council of the Municipality of Central Elgin recommend that the escalation of the County of Elgin Road Maintenance Agreement be based on the Construction Price Index for Non Residential Building Construction as published by Statistics Canada, in keeping with the accepted practice for price adjustments of Municipal Development Charges as per Report PW 49 -11, prepared by Lloyd J. Perrin, Director of Physical Services. CARRIED. Please feel free to contact me at the municipal office should you have any questions regarding this matter. ST. ILIJAH SERBIAN ORTHODOX CHURCH P6- -e O Jr /q0L 1 lj uutt 1 Ilil(/.� .tom �RM4.4 )7 L cyiZoaa7 A-At "ti-e ai 5k Xeie .feerc&A,,,, 69r6t/1, p he L411 Rc� A YtiA giA4 s deJee it) A ez,�rrce efm 41 ee�rm e2- 6 1 aea P roteect)€ ,fit ✓6�sl�v✓�.q� G� ieitioefeim At9M e 144 uhrl,L" o ru,t g ;De pm bulLevy •-e4 p/tft„x'c d j2. a) ;it .aP eiLectiee_. 6.5 -Si/0e ke 5 t De RixID it 04-616' il b ek,40-)4_ 4 ,c7 ,3 1610q- 201 1/: 'M Elgin �7T�F C012PORATION OF THE COUNTY OF ELGIN NOTICE OF APPLICATION FOR CONSENT APPLICATION NO. E 62111 PART LOT 18, CONCESSION 13, MUNICIPALITY OF WEST ELGIN TAKE NOTICE that an application has been made by HOLLANADA FARMS LIMITED, 24315 Thomson Line, R.R. #2, WEST LORNE, Ontario, NOL 2P0, for a consent pursuant to Section 53 of the Planning Act, 1990, as amended, to sever lands municipally known as 25143 Talbot Line, legally described as PartRot 18, Concession 13, Municipality of West Elgin. The applicants propose to sever a lot with a frontage of 54 metres along Talbot Line by a depth of 85 metres (south lot line), Area 0.46 hectares containing one house, two sheds and one barn /garage, proposed to create one rural residential lot The owners are retainin 30.6 i r containing ore house •r. r No. 2306 P. 2/5