February 23, 2012MUNICIPALITY OF WEST ELGIN
AGENDA
COUNCIL MEETING
FEBRUARY 23, 2012
Council Chambers, West Elgin Municipal Building
DISCLOSURE OF PECUNIARY INTEREST
APPROVAL OF AGENDA
DELEGATIONS:
9:30 a.m.
1:30 p.m.
2:00 p.m.
Public Meeting — Zoning Amendment — Parezanovic Farms (Al & B1)
Proposed Severance — Lots 11 & 12, Concession 6 ( Okolisan) (B2)
Steve Speller, Ross Goldhawk — Thompson Limited re: surplus land
Public Meeting — Port Glasgow Trailer Park budget
Elgin Business Resource Centre — capital programs, EBRC program
PLANNING: (B1- B6)
(See also DI & D2)
1.* Report re: Zoning Amendment — Lot 10, Concession 8 (Parezanovic Farms)
2.* Report re: Proposed Severance — Lots 11 &12, Concession 6 (Okolisan)
3.* Report re: Seaside commercial block zoning amendment
4.* Report re: Seaside Waterfronts Developments — Draft subdivision /condominium plans
5.* Report re: Water Well Policy
6. Draft Development Agreement (Quintyn)
Feb. 23112 Page 2
REPORTS: (C1 -C7)
1. ROADS
2. RECREATION
3. BUILDING
4. WATER
5. DRAINS
a) Drainage apportionment — Clay and Mumford drains (Hollanada Farms)
6. WEST ELGIN PRIMARY SYSTEM
7. ADMINISTRATION
a) Payment of PGTP engineering /contractor invoices re sewage installation
b) *Siskinds — Tri County Water Services Corporation
c) AdministratorlTreasurer -- job description, Draft proposal — C. Ellis, meetings with
consultant
CORRESPONDENCE: (D1 -D9)
1.* Ministry of Natural Resources — release of covenant (Havens Lake Road)
2.* Elgin County Land Division Committee — Application for Consent (Simon lu)
3. Elgin County Land Division Committee — Notice of Decision - Application for Consent
(Roodzant Farms)
4. Elgin County Land Division Committee — Notice of Decision — Application for Consent
(Orford Sand & Gravel)
5. Elgin County Land Division Committee — Notice of Decision - Application for Consent
(Bodnar)
6.* AMO — Announcement of Town Hall sessions
7.* Elgin Business Resource Centre opening
8.* Elgin County Treasurer — Estimated 2012 Policing Costs and 2012 Police Services Board
Budget
9.* OCWA — Drummond Report
Feb. 23/12 Page 3
BY -LAWS:
By -law No. 2012 -15
By -law No. 2012 -16
By -law No. 2012 -17
By -law No. 2012 -18
OTHER BUSINESS: (El)
1.
Authorize easement (Lot 10, Conc. BF — Newport)
Zone Amendment (Hollanada Farms)
Zone Amendment (Parezanovic Farms)
Amend agreement with Stewardship Ontario
Closed session — if deemed necessary
*Information enclosed
CONFIRMING BY -LAW
ADJOURNMENT
NEXT MEETINGS
February 26 -29, 2012
March 8, 2012
March 22, 2012
ROMA/QGRA conference — Toronto
Council
Council
MUNICIPALITY OF WEST ELGIN
NOTICE OF PUBLIC MEETING
ZONING BY -LAW AMENDMENT
Parezanovic Farms Inc.
23099 Queens Line
DATE & TIME: 9:30 a.m. Thursday, February 23`d, 2012.
LOCATION: West Elgin Municipal Building - 22413 Hoskins Line north of the Village of Rodney.
PURPOSE: To consider a proposed amendment to the Zoning By -law for the purposes of disposing a
surplus farm dwelling.
The proposed amendment would change the zoning of the lands lying on the south side of Queens Line (County
Road No. 104) east of the Village of Rodney from the Agricultural (A1) Zone to a Special Agricultural (A2)
Zone and to a `site - specific' Agricultural (A1-#) Zone. The amendment would also fulfill a condition imposed by
the County of Elgin Land Division Committee in granting Application for Consent E113/11 to dispose the surplus
farm dwelling situated on the lands.
The lands proposed to be rezoned Special Agricultural (A2) comprise an area of 9,713 square metres (2.4 ac),
a frontage of 88.7 metres (291 ft) and a depth of 101.6 metres (333 ft). The parcel is occupied by a single unit
dwelling (erected 1980), barn and greenhouse. No change in use is proposed. The lot would satisfy the minimum
lot area, maximum lot area and minimum lot frontage requirements (4,000 sq, m, 1.0 he and 50 m respectively) of
the A2 zone. All other requirements are capable of being satisfied. Permitted uses of the A2 zone include a single
unit detached dwelling, home occupation and an accessory use.
The lands proposed to be rezoned 'site- specific' Agricultural (A1-#) comprise an area of 34.7 hectares (85.8 ac)
and a frontage of 393 metres (1,289 ft) on Queens Line (County Road No. 104). The parcel is occupied by a small
shed and a silo. The lands have been cleared for agricultural purposes, with the exception of a woodlot located in
the southeasterly portion of the farm adjacent to a Hydro One transmission corridor. No change in use is
proposed. The lot would satisfy the minimum lot area and lot frontage requirements (19 ha and 150 m
respectively) of the Al zone. The 'site- specific' (i.e. Al-#) zoning would prohibit any further dwellings on the lands
as stipulated by the PPS and the Municipality of West Elgin Official Plan.
The subject lands are designated `Agricultural' in the Municipality of 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 I 5' day of January, 2012.
Norma Bryant
Clerk
Municipality of West Elgin
22413 Hoskins Line
P.O. Box 490
Rodney, Ontario
NDL 2C0
Telephone: (519) 785 -0560
Fax: (519) 785 -0644
Email: nbryant @westelgin.net
APPLICATION FORA ZONING BYLAW AMENDMENT: P1/2012
Parezanovic Farms Inc.
23099 Queens Line
Part of Lot 10, Concession VIII
Municipality of West Elgin
Municipality of WEST ELGIN
Municipality of
Southwest Middlesex
BEATTIE LINE
FLEMING LINE
5 6 I 7 8 9
GIBB LINE
I I
Clachan
JOHNSTON LINE
MCLEAN LINE
4 5 6 7
KINTYRE LINE
MCDOUGALL LINE
HWY 401
VI & VII
DOWNIE LINE
ZONING
:y ^.1, ; r.,a..`.�g.._l
i ,i Al AGRICULTURAL
RR3 RURAL RESIDENTIAL THREE
LANDS PROPOSED TO BE RE -ZONED
SPECIAL AGRICULTURAL (A2)
LANDS PROPOSED TO BE RE -ZONED
SITE - SPECIFIC' AGRICULTURAL (A141)
1:10,000
MCMILLAN LINE
PIONEER LINE
West Lorne
2 3 4 5
MARSH LINE
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THOMSON LINE
SILVER CLAY LINE
TALBOT LINE
New
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Port
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GRAY LINE
LAKE ERIE
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Community Planners Inc.
Middlesex Cotrn; Building
399 Ridout Street North London. Ontario NSA 2P1
Community
Planners Inc
7 February 2012
i I 5191 96'3 -1928
Fay: { f._5 t 9) ,138- 7770
ion on'�t corn Mr,s�l1.t
MEMORANDUM #000812138
TO: Members of Council
Municipality of West Elgin
FROM: Ted L. Halwa
SUBJ: Public Meeting - February 23rd, 2012 - Amendment to the Zoning By -law (P1/2012) —
Parezanovic Farms Inc. — 23099 Queens Line
The above - referenced public meeting is to consider a proposed amendment to the Township of
Aldborough Zoning By -law with respect to the abovenoted lands. An Application for Re- zoning has been
filed by the owner of the lands, Parezanovic Farms Inc., in partial fulfillment of conditions imposed by the
Elgin County Land Division Committee in granting a related Application for Consent (E113/11) on
December 14th, 2011 for the purposes of creating a lot to dispose a surplus farm dwelling.
The subject lands are situated on the south side of Queens Line east of the Village of Rodney. The
proposed change in zoning is from the Agricultural (Al) Zone to the `site - specific Agricultural (A1 -82)
Zone and to the Special Agricultural (A2) Zone.
The lands proposed to be rezoned A2 comprise the lot on which is situated the surplus farm dwelling. The
parcel satisfies the minimum lot area, maximum lot area and minimum lot frontage requirements (4,000
sq m, 1.0 ha & 50 m respectively) of the A2 zone. The lands proposed to be rezoned A1-82 comprise the
balance of the farm. The parcel satisfies the minimum lot area and minimum lot frontage requirements (19
ha & 150 m) of the Al zone. The A1-82 zoning prohibits a dwelling being erected on the lands as
stipulated by the Provincial Policy Statement (PPS) and the West Elgin Official Plan.
Community _■
Planners Inc
Parezanovic Farms Inc. - Proposed Zoning By -law Amendment
Municipality of West Elgin
7 February 2012
page 2
#0008/2138
The lands are designated `Agricultural' in the West Elgin Official Plan. The draft fay -law is considered to
be consistent with the PPS and in conformity with the Official Plan. A reference plan has been prepared
and, once deposited with the Land Registrar, the appropriate legal description can be inserted into the
By-law.
(original signed by)
Ted L. Halwa, MCIP, RPP
enclosure
CORPORATION OF THE MUNICIPALITY OF WEST ELGIN
BY -LAW NO.
BEING A BY -LAW TO AMEND THE
TOWNSHIP OF ALDBOROUGH ZONING BY -LAW
NO. 90-50, AS AMENDED
Parezanovic Farms Inc.
23099 Queens Line
WHEREAS the County of Elgin Land Division Committee has granted permission to the creation of a lot
(Application for Consent E113/11) to dispose a surplus farm dwelling consistent with the Provincial Policy
Statement and in conformity with the West Elgin Official Plan;
WHEREAS the County of Elgin Land Division Committee in granting its permission has imposed conditions
pertaining to the zoning of the lot being created and the lands being retained including a restriction that no further
residential development be permitted on the retained !ands;
WHEREAS the lands are not zoned for the purposes what they are intended to be used for;
NOW THEREFORE the Council of the Corporation of the Municipality of West Elgin enacts as follows:
1. THAT Section 5.3 to By -law No. 90 -50, as amended, of the former Township of Aldborough being the
Exceptions of the Agricultural (A1) Zone, is hereby amended by the addition of the following:
"5.3.82 a) DEFINED AREA
A1-82 as shown on Schedule "A ", Map No. 47 to this By -law.
b) PERMITTED USES
accessory use
agricultural use
dog kennel
forestry use
hunting preserve
landing strip as an accessory use
riding school
wayside pit
wildlife sanctuary"
2. THAT Schedule "A ", Map No. 47 to By -law No. 90 -50, as amended, is hereby amended by changing from
the Agricultural (A1) Zone to the 'site- specific' Agricultural (A1 -82) Zone those lands outlined in heavy
solid lines and described as A1-82 on Schedule "A" attached hereto and forming part of this By -law, being
part of Lot 10, Concession VIII, formerly in the Township of Aldborough, now in the Municipality of West
Elgin, in the County of Elgin.
3. THAT Schedule "A ", Map No. 47 to By -law No. 90 -50, as amended, is hereby amended by changing from
the Agricultural (Al) Zone to the Special Agricultural (A2) Zone those lands outlined in heavy solid
lines and described as A2 on Schedule "A" attached hereto and forming part of this By -law, being more
particularly described as being Part 1, Plan 11R- , being part of Lot 10, Concession VIII,
formerly in the Township of Aldborough, now in the Municipality of West Elgin, in the County of Elgin.
4. THIS By -law comes into force upon the day it is passed in the event an appeal has not been filed with the
Clerk within the time prescribed by the Planning Act, R.S.O. 1990, as amended. In the event an appeal is
filed with the Clerk within the time prescribed by the Planning Act, R.S.O. 1990, as amended, the By -law
shall be deemed not to have come into force until the appeal has been finally disposed of, whereupon the
By -law (except for such parts as are repealed or amended as so directed by the Ontario Municipal Board)
shall be deemed to have come into force on the day it was passed.
READ a FIRST and SECOND time this day of , 2012.
READ a THIRD time and FINALLY PASSED this day of , 2012.
MAYOR CLERK
CONCESSION VII
QUEENS LINE
LOT 9
A2 I
Al -82
LOT 10
CONCESSION VIII
CONCESSION VIII
This is Schedule "A" to By -law No.
Passed this day of
, 2012.
Mayor
Clerk
104
LOT 11
Municipality of WEST ELGIN
SCHEDULE 'A'
1:5,000
Metres
0 25 50 100 150 200 250
Community
Planners Inc
.399 Ridout Sf €ae; North London. Ontario N3A >F
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17 February 2012
MEMORANDUM #000812143
TO: Members of Council
Municipality of West Elgin
FROM: Ted L. Halwa
SUBJ: Proposed Severance — Kenneth Okolisan et al — 23041 & 23287 McDougall Line —
south side of McDougall Line - north of the Village of Rodney
1. Purpose
• to sever a large, irregularly- shaped agricultural holding comprising an area of 96.5 hectares (238
acres) into two smaller parcels, both of which would continue to be used for agricultural purposes.
The lands are presently owned jointly by Kenneth Okolisan, Bonnie Okolisan and Stephen
Okolisan;
• the lands proposed to be conveyed have a frontage of 400 metres (1,312 ft) and an area of 58.3
hectares (144 acres). The parcel also has flankage on Highway No. 401 and on Forest Line, which
forms its southerly boundaries. The parcel is occupied by two single unit dwellings and several
farm buildings and structures and has been cleared for agricultural purposes except for portions of
the North Rodney Woodlot — a provincially- significant wetland which occupies the southerly portion
of the parcel. No change in use is proposed. It is intended that the lands would be conveyed to
Kenneth Okolisan & Bonnie Okolisan;
• the lands proposed to be retained have a frontage of 365 metres (1,198 ft) and an area of 38.1
hectares (94.3 acres). The parcel is without buildings or structures and has been primarily cleared
for agricultural purposes with the exception of a small woodlot situated adjacent to Highway No.
401. No change in use is proposed. It is intended that the lands would be conveyed to Stephen
Okolisan;
• neighbouring lands comprise a mix of agricultural uses, primarily cash crop interspersed with
woodlands including the aforementioned North Rodney Woodlot. Farms in the area, particularly
CornrnLanity
Planners Inc
Kenneth Okolisan et al - Proposed Severance
Municipality of West Elgin
February 17, 2012
page 2
#0008/2143
Tying south of McDougall Line, are irregular in shape and of variable sizes primarily due to their
flankage along Highway No. 401;
• according to the owner's lawyer, Mr. Gary Merritt, the severance is being applied for on the basis of
it being of a legal or technical nature, more specifically, to regain the historical status of two
separate lots (i.e. a correction of title) arising from the inadvertent merger of the two formerly
separate parcels into one holding. This merger apparently took place sometime following the
acquisition of the lands being retained in 1979. The lands being conveyed were acquired in 1943.
The owners were unaware of the merger and remained under the assumption that the lots were
separate due to the existence of two deeds. The owners only recently learned that they were
unable to transfer the lands as two separate parcels.
2. Provincial Policy Statement (PPS) and Official Plan
• under the PPS, lot adjustments may be permitted for legal or technical reasons (Section 2.3.4.2).
'Legal or technical' reasons are defined by the PPS as severances for purposes such as
easements, corrections of deeds, quit claims, and minor boundary adjustment which do not result
in the creation of a new lot. In a similar case (Frank & Irene Sura — 22043 Silver Clay Line) where
lots were inadvertently merged in title, the Ontario Municipal Board in its decision stated:
A second reason for permitting this severance would be to consider it a lot adjustment for legal or
technical reasons under section 2.3.4.3 of the PPS. While the phrase 'lot adjustment' is not defined
under the PPS, "legal or technical reasons" is defined to mean "..severances for purposes such as
easements, correction of deeds, quit claims, and minor boundary adjustments, which do not result in
the creation of a new lot (Board's underlining) ". Because the phrase "such as" is used, the definition is
not intended to outline the only situations that qualify as legal or technical. The types of situations
outlined in the definition are mainly conveyancing errors.
• more recently in the case of Eva Newport, a similar severance was ultimately supported by Council
and granted by the Elgin Land Division Committee on the basis that it constituted a correction of
deeds. Based on the foregoing and given the history behind the merger of the lots and the
intentions of the owners, the application is considered to be consistent with the PPS;
• the subject lands are designated 'Agricultural' in the West Elgin Official Plan. The portion of the
lands being conveyed occupied by the North Rodney Woodlot are designated as 'Provincially
Significant Wetlands';
Community fri
Planners Inc
Kenneth Okolisan et al - Proposed Severance
Municipality of West Elgin
February 17, 2012
page 3
#000812143
• the following policy of the Official Plan (Section 6.2.7) is relevant to the application at hand:
To discourage the severing of prime agricultural land into smaller parcels, the minimum area of both the
severed and the retained parcels shall generally be 40 hectares. Where parcels smaller than 40 hectares
are being proposed, they may be permitted subject to the following factors being taken into account:
a) the need to discourage the unwarranted fragmentation of farmland;
b) the lots to be created are of a size appropriate for the type of agricultural activity common in the area;
c) whether the resulting parcels would constitute viable farm units;
d) the severed and retained parcel are large enough to maintain flexibility for future changes in the type
or size of agricultural operations;
e) whether the size of the parcels would have a detrimental impact on agricultural productivity, operating
efficiencies or future farming options;
f) the boundaries of the parcels being created and their effect on the intended use of the lands for
agricultural purposes;
g) previous lots created out of the parcels including land dedications or expropriations; and
h) the inadvertent merging of the parcels as a result of the introduction of subdivision control in 1970.
• in the absence of any information to the contrary, any constraint on the ability of either the lands
being conveyed or retained to sustain a viable and productive agricultural operation is not apparent
and, in fact, both parcels have been essentially operated as separate farm units for a period in
excess of 50 years. Conformity with the relevant policies of the Plan would be maintained.
3. Zoning By-law
• the subject lands are zoned Agricultural (Al). Both the lands being conveyed and retained would
readily satisfy the minimum lot area and lot frontage requirements (19 ha and 150 m respectively)
of the Al Zone. A change in zoning is not required in this instance.
4. Conclusions
• the proposed severance would represent a type of lot creation which is both contemplated and
permitted by the Provincial Policy Statement (PPS) and the West Elgin Official Plan;
Community
Planners Inc
Kenneth Okolisan et al - Proposed Severance
Municipality of West Elgin
February 17, 2012
page 4
#0008/2143
• the relevant matters of the Planning Act [Section 51(24)] have been reviewed and appear to be
satisfied. A plan of subdivision is not considered necessary for the proper and orderly development
of the municipality. [Section 53 (1)].
5. RECOMMENDATION
That the proposed consent by Kenneth Okollsan et al be supported subject to the following
condition and the Elgin Land Division Committee advised accordingly:
i) That the lands being conveyed and retained are registered in accordance with the
information provided by and as described by the owners' solicitor.
REASONS
I) Consistency with the Provincial Policy Statement would be maintained;
ii) Conformity with the West Elgin Official Plan would be maintained;
iii) The requirements of the Zoning By -law are capable of being satisfied;
iv) The matters set out in the Planning Act would be satisfied.
(original signed by)
Ted L. Halwa, MCIP, RPP
APPLICATION FOR A CONSENT
Kenneth Okolisan, et. al.
23041 & 23287 McDougall Line
Part of Lot 11 & part of Lot 12, Concession VI
Municipality of West Elgin
Municipality of WEST ELGIN
FIGURE 1
ZONING
Al AGRICULTURAL
M2 GENERAL INDUSTRIAL
Cow unity
F1«- Harsh.
■_`
I' 4'J
LANDS TO BE CONVEYED TO KENNETH & BONNIE OKOLISAN
LANDS TO BE RETAINED BY STEPHEN OKOLISAN
PROVINCIALLY SIGNIFICANT WETLANDS (Municipality of West Elgin Official Plan)
WOODLANDS (Municipality of Mast Elgin Official Plan}
1:10,000
Metres
0 125 250 375 500
02o- D$6
MUNICIPALITY OF WEST ELGIN
APPLICATION FOR PROPOSED SEVERANCES
PLEASE COMPLETE THE FOLLOWING:
1. PROPERTY OWNER:
NAME:
ADDRESS:
PHONE:
4'
MUNICIP /iLi Y O 'N.%`3i lacssi
AECF.IVrD
JAN 3 1 2012
E • 'c / . /I/ 4- S
[.9 / <'o1�/5%?AI\ 23303 (Vk.D ,3� J/ �i1,c.
ACREAGE OF TOTAL PARCEL:
hey
okdsd l�
2. LOT 11 4(2. CONCESSION
3. PARCEL TO BE SEVERED: C�
ACREAGE 114a.c.S� FRONTAGE 1311 ' °z .4 DEPTH
4. ACREAGE TO BE RETAINED:
5. REASONS FOR SEVERING AN AGRICULTURAL PARCEL -- SURPLUS DWELLING ONLY
IS THE DWELLING SURPLUS TO THE NEEDS OF THE FARM? YES NO
WHEN WAS DWELLING CONSTRUCTED? (YEAR)
IS THE DWELLING STRUCTURALLY SOUND & SUITABLE OR POTENTIALLY SUITABLE, FOR
HUMAN OCCUPANCY? YES NO
WHERE 1S YOUR PRINCIPLE RESIDENCE?
MUNICIPALITY
6. REASONS FOR SEVERING A PARCEL FOR OTHER THAN FOR SURPLUS DWELLINGS?
0
t v\ / ° 3 pr�_� (-417
7. OTHER COMNfENTS: �� <5 . ' �,� j n �a f 1/ bo. & t- i
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NOTE: There is no charge for the first time Council reviews a proposed severance application. The fee for
additional reviews and re- submissions by Council is $100.00 per instance. If you wish to attend the
council meeting, please contact the Clerk. Proposed severance applications are reviewed by Council
at their meeting held on the 4th Thursday of each month. Please submit this application by the 3rd
Wednesday of the month for inclusion in the agenda.
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Commurnt,y s;
399 Ridout Street North Lo«aon Ontario N6 , 2p;
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963-102S
Fax. y519`-t33 70
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February 13, 2012
MEMORANDUM #000811861
TO: Members of Council
Municipality of West Elgin
FROM: Ted L. Halwa
RE: Application for an Amendment to the Zoning By -law: Seaside Waterfronts Inc. (Kirkness
Consulting Inc., agent) - part of Lot 6, Concession XIV - east side of Haven's Lake Road
north of the Port Glasgow Marina and Yacht Club - Port Glasgow
1. Purpose
1.1. to consider a proposed amendment to the Township of Aldborough Zoning By -law to permit
the use of lands for tourist- oriented commercial and residential purposes.
2. Site Characteristics
2.1. the subject lands comprise an irregularly- shaped parcel situated immediately north of the Port
Glasgow Marina and Yacht Club on the east side of Haven's Lake Road. The parcel is vacant;
rising gently from south to north and falling gently from west to east before sloping upwards
towards the northeast. The relatively level portion of the parcel Tying adjacent to Haven's Lake
Road is primarily void of tree cover. An open drain runs outside and along the frontage of the
parcel, more or less parallel to Haven's Lake Road (Figure 1);
2.2. the parcel has an area of 4,705 square metres (1.2 ac) and a frontage of 86 metres (283 ft) on
Haven's Lake Road based on the most recent plan submitted by the applicant. The area of the
parcel excludes 704 square metres (7,580 sq ft) of land along the frontage of the parcel
adjacent to Haven's Lake Road that have been declared surplus by the Municipality and which
may, or may not, ultimately be merged in title with the subject lands;
2.3. the subject lands comprise the southerly portion of a larger parcel owned by the proponent
which is the subject of a proposed plan of subdivision and a 'common elements' plan of
condominium. The lands lie outside the limits of the proposed plans;
C•r11niLJ'11ty _
P Panne s Inc
Application for Zoning By -law Amendment— Seaside Waterfronts Inc.
Haven's Lake Road — Port Glasgow
Municipality of West Elgin
February 13, 2012
page 2
#0008/1861
2.4. neighbouring lands to the north and east are proposed for future residential development by
the proponent while the Port Glasgow Marina and Yacht Club lies to the south and
municipally -owned lands lie to the west on which is situated a recently constructed public
washroom facility. The presence of potentially incompatible uses are not apparent in the area;
2.5. as requested by the proponent, the proposed amendment to the Township of Aldborough
Zoning By -law would change the zoning of the subject lands from the 'site- specific'
Agricultural (A1 -20) Zone to a 'site- specific' Tourist Commercial (C3-#) Zone to permit a
mixed of uses potentially including a restaurant, pub, hotel, boutiques, cafe, offices and
dwelling units above the ground floor. The `site- specific' zoning would specify the use
permitted on the subject lands and reduce the minimum front yard setback (i.e. the minimum
distance to Haven's Lake Road) from 15 metres to 0 metres and the minimum rear yard
setback (at the rear of the parcel) from 7.5 metres to 3.0 metres;
2.6. based on the most recent plan submitted by the proponent, proposed development would
occur in two phases with Phase 1 comprising a 40 seat restaurant and four 'seasonal' dwelling
units above the ground floor. Phase 2 would comprise retail and office space with an
additional eight dwelling units above the ground floor (Figure 2).
3. Provincial Policy Statement (PPS)
3.1. as acknowledged by the Ministry of Municipal Affairs and Housing (MMAH), the subject lands
lie in the `Lakeshore Area' under the new West Elgin Official Plan. On this basis, the lands
would qualify as a 'settlement area' which, under the PPS, are intended to be the focus of
growth and where a mix of and uses is anticipated. While a specific policy of the Official Plan
governing Port Glasgow (Section 7.5) has been appealed by the proponent, the designation of
the subject lands was approved by MMAH and is not subject to appeal. The appeal to the
afore -noted specific policy remains outstanding;
3.2. MMAH as well as the Ministry of Environment (MOE) and the Ministry of Natural Resources
(MNR) have raised a number of issues, in written submissions, which need to be addressed to
ensure any amendment to the Zoning By -law is consistent with the PPS as required by the
Planning Act. They include:
Corn nunity
Planners Inc
Application for Zoning By -law Amendment- Seaside Waterfronts Inc.
Haven's Lake Road - Port Glasgow
Municipality of West Elgin
February 13, 2012
page 3
• protection of natural heritage features including species at risk,
• protection of public health and safety with respect to natural hazards,
• conservation of cultural heritage and archeology,
• adequacy of water and sewage services and
• stormwater management.
#0008/1861
3.3. with respect to protection of the natural heritage, based on information provided by the
MNR throughout the preparation of the new Official Plan and based on the findings of the Port
Glasgow Area Natural Heritage Study prepared for the proponent by BioLogic, there are no
natural heritage features, i.e. significant wetlands, woodlands, valleylands, wildlife habitat or
ANSI's within or adjacent to the subject lands. As for the issues of `species at risk', this is a
matter of on -going discussion and review between the proponent and MNR. A request for a
status report on this issue from the proponent remains outstanding;
3.4. with respect to the protection of public health and safety related to natural hazards, the
LTVCA is the lead agency in matters of this nature. In its submission (2/9/11) to the
Municipality, the Authority points out that while the subject lands, lie in their entirety, within its
regulated area, the lands are not subject to flooding. Relevant issues of concern seem to be
restricted to erosion and slope instability. The Authority has advised that it will require permits
prior to the commencement of any work or construction on the lands;
3.5. based on a Preliminary Geotechnical Assessment prepared for the proponent by Golder
Associates Ltd, it was found that future development of a commercial block on the east side of
Haven's Lake Road is geo- technically feasible provided suitable geotechnical investigation is
carried out to assess the subsurface conditions at the site and provide design
recommendations to the structural engineer. Mr. Azmi Hammoud of Golder Associates has
further advised us that the subject lands are physically suitable for development and that the
slopes at the rear of the property are stable;
3.6. with respect to the conservation of cultural heritage and archeology, there are no existing
buildings or structures on the lands or visible signs of any previous buildings or structures. An
Archeological Assessment (Stage 1 to Stage 3) has been undertaken for Seaside by Mayer
Heritage Consultants Inc. for the entire holding of the proponent in Lot 6, Con XIV. Further
more detailed investigations on the subject lands were carried out in December 2011. The
Planners Inc
Application for Zoning By -law Amendment - Seaside Waterfronts Inc.
Haven's Lake Road - Port Glasgow
Municipality of West Elgin
February 13, 2012
page 4
#000811861
investigations confirmed there were no significant archeological finds on the lands and no
further work has been deemed to be warranted. A request for a copy of the more detailed
archeological assessment of the subject lands remains outstanding.
4. West Elgin Official Plan
4.1. the subject lands lie in the designated 'Lakeshore Area' in the West Elgin Official Plan. The
policies of the Plan (Section 7.0) with respect to the 'Lakeshore Area' are in effect with the
exception of Section 7.5 pertaining to Port Glasgow which has as previously noted, been
appealed to the Ontario Municipal Board by the proponent. Although MMAH (21/9/2011) has
advised the Municipality that....it is premature to adopt a zoning by -law amendment on the
subject lands as the West Elgin Official Plan policy pertaining to the lands has been appealed,
this is arguably not the case;
4.2. land uses permitted in the 'Lakeshore Area' include tourist retail and service establishments
and seasonal and year round residential development. The uses being proposed on the
subject lands would be in consistent with the uses permitted with the possible exception of
offices;
4.3. other potentially applicable policies of the 'Lakeshore Area' designation deal with Natural
Heritage Features (Section 7.4), Water Supply and Sanitary Sewage Disposal (Section 7.7),
Public Road Access (Section 7.8), Criteria for Development (Section 7.10) and Zoning
(Section 7.14). These matters are addressed elsewhere in this report;
4.4. while the Official Plan as adopted did not call for a more detailed level of planning (such as a
'secondary plan' would entail) before approving larger or other significant developments in
Port Glasgow, the Ministry of Municipal Affairs and Housing in approving the plan modified it to
include the preparation of a secondary plan as a perquisite to the approval of any large scale
development. The modification was subsequently appealed by Seaside Waterfronts Inc. and
remains unresolved. The scheduling of a hearing to consider the appeal has been deferred
pending the possibility of a negotiated outcome satisfactory to Seaside Waterfronts Inc., the
Ministry and the Municipality;
P ro-f- uvl n i t
Planners Inc
Application for Zoning By -law Amendment - Seaside Waterfronts Inc.
Haven's Lake Road - Port Glasgow
Municipality of West Elgin
February 13, 2012
page 5
#000811851
4.5. preparation of a secondary plan, if undertaken, should include all lands in the settlement area
of Port Glasgow. It would serve as a framework or context in which proposals for the
development of specific parcels. While MMAH has stipulated a list of matters or elements to
be included in the secondary plan, the plan should also address matters related to the
appropriateness of the subject lands as the `town centre' for Port Glasgow including urban
design principles and guidelines; retention and enhancement of lake views; and necessary or
desirable changes to Haven's Lake Road to accommodate demands resulting from future
development as well as diverse user needs and other issues raised by the public during the
review of the subject application.
5. Water Supply
5.1. a 100 mm (4 ") municipal watermain connected to a 150 mm (6 ") watermain on Gray Line runs
down Haven's Lake Road along the frontage of the subject lands serving the Port Glasgow
Yacht Club (PGYC) and the Municipality's public washroom. The Functional Servicing Report
prepared for the proponent by Sco -Terra proposes that the watermain be up- graded to 150
mm (6 ") in conjunction with the commercial development of the subject lands;
5.2. the Chief Building Official (CBO) has advised that the existing watermain would be adequate
for Phase 1 of the proposed development of the subject lands but would be inadequate in
terms of fire protection. The preferred option to providing fire protection is up- grading the
existing watermain to 150 mm and the installation of a fire hydrant at the bottom of Haven's
Lake Road. The site servicing plans originally submitted by the proponent have been revised
to show a new 150 mm watermain along with a hydrant at the base of Haven's Lake Road and
a connection to that watermain to service the proposed development.
6. Sanitary Waste Disposal
6.1. two options for sanitary waste disposal have been proposed by the proponent. Option 1 is the
installation of a holding tank for four .. ars or until the waste water treatment plant proposed to
service the development of the tablelands as well as other lands along Haven's Lake Road is
constructed, whichever comes first. Effluent from the holding tank would be trucked to the
Rodney STP as required. Option 2 is the installation of a conventional septic tank and tile field
system at the outset;
'f r rnuni ty
Planners Inc
Application for Zoning By -law Amendment- Seaside Waterfronts Inc.
Haven's Lake Road - Port Glasgow
Municipality of West Elgin
February 13, 2012
page 6
#0008/1861
6.2. it is the policy of the Ministry of Environment (08- 05 -01) not to permit holding tanks for new
development but rather only to address failed systems and to up -grade sub - standard systems
where the use of conventional systems is not feasible. While there are exceptions to this
policy, the proponent would not appear able to meet the attendant requirements;
6.3. the Ontario Building Code (Section 8.8.1.2) specifies the limited instances under which holding
tanks may be installed. As an interim measure, they are only permitted until municipal sewers
are available, provided that the municipality undertakes to ensure the continued operation of
an approved hauled sewage system until municipal sewers are available;
6.4. the conventional on -site system being proposed under Option 2 has been designed
(Stevenson Engineering) to provide a daily sewage flow of 9,400 Titres /day. It would be
capable of servicing the proposed 40 seat restaurant and four, two- bedroom residential units
above. Being less than 10,000 litres /day, approval of the system would rest with the CBO
under the provisions of the Ontario Building Code as opposed to the Ministry of Environment.
There are no matters to be satisfied under the Environmental Assessment Act. Issues raised
regarding slope conditions and proximity to Lake Erie are not considered significant. A soils
report and any other related technical reports may be required by the CBO. Approval of the
system normally follows site plan approval and, in any event, prior to issuance of a building
permit;
6.5. regardless of which servicing option is ultimately approved, Phase 2 of the proposed
development is contingent on connection to the sewage treatment plant proposed to service
the remainder of the development proposed by Seaside. If and when this occurs, the holding
tank or on -site septic tank and tile field system would be decommissioned and removed;
6.6. under the PPS, development on partial services that requires an approval under the Planninq
Act, is permitted only in limited circumstances. These include within settlement areas to allow
for infilling and rounding out of existing development where the development is, in this
particular instance, within the reserve sewage system capacity and site conditions are suitable
for the long term provisions of such services. It could be argued that the proposed
development constitutes " infilling or rounding out of existing development ".
community
Planners Inc
Application for Zoning By -law Amendment— Seaside Waterfronts Inc.
Haven's Lake Road — Port Glasgow
Municipality of West Elgin
February 13, 2012
page 7
7. Stormwater Management
#0008/1861
7.1. in terms of stormwatei management, storage on -site for a two year storm is proposed. If the
Municipality requires on -site storage for a larger storm system, an underground system would
have to be designed and constructed. The proponent is proposing a `stormsceptor capable of
removing 90% of the suspended solids and out letting to the drainage ditch running along the
front of the subject lands and ultimately to the marina basin. The requirements of the
Municipality in terms of stormwater management would be addressed at the site plan approval
stage and through the building permit process.
8. Vehicular Access
8.1. vehicular access to the subject lands would be provided directly from Haven's Lake Road
(HLR) - a local road designed to a rural cross section standard comprising a paved platform
with granular shoulders and road side ditching. From its intersection with Gray Line for a
distance of approximately 250 metres (800 ft) the gradient of HLR runs flat before falling
towards its terminus at the Port Glasgow Marina;
8.2. assuming the disposal of surplus lands along HLR are successfully concluded to create a
continuous 25 metres wide road allowance, the proponent proposes the southerly portion of
HLR be ultimately reconstructed to an urban cross section standard with curbs, storm sewers
and a median in conjunction with proposed mixed -use commercial - residential development
along this stretch and as the tableland area develops. In the interim, Seaside does not
propose any changes to HLR either along its length or adjacent to the subject lands;
8.3. while the 8% gradient of HLR is evidently within accepted standards, it can make driving
treacherous in poor winter weather conditions. Winter maintenance is not provided by the
Municipality although the road is not barricaded during this period. In fact, winter maintenance
is not provided on Gray Line west o#.Furnival Road and beyond;
8.4. to provide safe, year round access in all weather conditions for conventional traffic and
emergency vehicles, a higher level of maintenance would be required according to the
Municipal Engineer. Reducing the grade is not considered practical. According to the Road
`Col' f{ n if1j;''J
Planners nC
Application for Zoning By- -law Amendment — Seaside Waterfronts Inc.
Haven's Lake Road — Port Glasgow
Municipality of West Elgin
February 13, 2012
page 8
#0008/1861
Superintendent, providing year round maintenance would not be feasible from a safety
perspective using existing road equipment;
8.5. a traffic impact analysis undertaken by the proponent (F.J. Berry and Associates) did not
identify any particular issues in terms of capacity or the design of HLR with respect to the
additional demands placed on it as a result of the proposed development in its totality. Traffic
impact (and related issues), have been raised by members of the public and by the PGYC; the
latter in particular regard to potential conflicts with vehicles pulling trailers from a safety
perspective and during peak periods;
8.6. matters related to the location and design of an entrance to the subject lands including grade
issues and crossing the drainage ditch running between the subject lands and HLR would be
addressed at the site plan approval stage.
9. Zoning By -law
9.1. the subject lands are currently zoned 'site - specific' Agricultural (A1 -20) under the Zoning By-
law of the former Township of Aldborough. The 'site- specific' zoning permits a lot area less
than the minimum standard of the Bylaw of 19 hectares. Otherwise, the permitted uses and all
other regulations of the Al zone apply;
9.2. while the A1-20 zoning of the subject lands including all the lands owned by Seaside
Waterfronts Inc. in Lot 6, Con XIV followed their designation as 'Lakeshore Recreation' in the
former Township of Aldborough Official Plan, the zoning applied was the approach intended
by the Official Plan in the absence of a specific development proposal. The agricultural zoning
was, in effect, intended to function as an interim zoning to be replaced in time as specific
development proposals were brought forward and approved by the Municipality;
9.3. the Application for Rezoning submitted by the proponent is to rezone the subject lands from
Agricultural (A1 -20) to site - specific Tourist Commercial (C3-#) to permit a mixed of uses
potentially including a restaurant, pub, hotel, boutiques, cafe, offices and
accommodation /dwelling units above the ground floor. All uses are permitted as -of -right in the
C3 zone with the exception of offices and independent dwelling units above the ground floor.
The proponent is also requesting a reduction in the minimum front yard depth (i.e. the setback
from the property line abutting Haven's Lake Road) from 15 metres to 0 metres and a
Commuf ty
Planners Inc
Application for Zoning By -law Amendment— Seaside Waterfronts Inc.
Haven's Lake Road — Port Glasgow
Municipality of West Elgin
February 13, 2012
page 9
#0008/1861
decrease in the rear yard depth (at the back of the property assuming it is severed from the
main holding) from 7.5 metres to 3.0 metres;
9.4. the new West Elgin Official Plan, as pieviousiy noted, provides direction with respect to land
uses in various land use designations. The only use being requested which is arguably not
permitted in the 'Lakeshore Area' by the Plan is 'offices'. The reason such uses are excluded
is to ensure general office uses not serving tourism would be encouraged rather to locate in
Rodney or West Lorne. The inclusion of offices by the proponent presumably for a
'presentation centre' and those serving or catering to the needs of tourism would be in keeping
with the intent of the Official Plan;
9.5. the proposed reduction in the front yard depth from 15 metres to 0 metres is to enable any
buildings erected on the parcel to be constructed at the front property line as opposed to a
minimum of 15 metres (50 ft) back. Building to the `streetline' is consistent with a 'town centre
concept' at the base of Haven's Lake Road which has been often espoused but never
formalized in any planning document adopted by the Municipality;
9.6. a 'town centre concept' is, by nature, more pedestrian focused and more compact than auto -
focused development which is more space - extensive and less dense. In the former, buildings
are situated closer to the street and on -site parking is provided towards the periphery or in
behind. On this basis, the proposed elimination of a minimum setback from the 'streetline' is
considered appropriate and justified;
9.7. with respect to the proposed reduction in the rear yard depth from 7.5 metres to 3.0 metres,
the plans submitted by Seaside identify a 'footprint' for a building in Phase 2 situated 3.0
metres from the rear property line. This reduction may not be necessary if the buildings on the
subject lands are all situated closer to Haven's Lake Road to create a 'town centre' concept.
Be that as it may, a reduced rear yard would not have any significant impact on adjacent lands
now or in the future as the adjacent lands comprise hillside which is not proposed to be
developed;
9.8. while the proponent initially applied for an increase in the maximum permitted building height
from 10.5 metres (35 ft) to 12 metres (40 ft), Seaside subsequently withdrew this request on
concluding that the maximum permitted height of the Tourist Commercial (C3) Zone would
suffice for its purposes;
r
;J' l; i , i 1 i 11 !; L •y
Planners Inc
Application for Zoning By -law Amendment - Seaside Waterfronts Inc.
Haven's Lake Road - Port Glasgow
Municipality of West Elgin
February 13, 2012
page 10
#0008/1861
9.9. although the proponent has not submitted any elevations of the buildings it proposes to erect
on the subject lands, it has often spoken in terms of a three storey building. A three storey
building with a flat roof could easily be accommodated within the height limits of C3 zone. To
evaluate the visual impact of a three storey building on the subject lands up to a maximum
height of 10.5 metres, would require 3D modeling or something similar. Given the request for a
reduction in the front yard depth from 15 metres to 0 metres and, as a consequence, a greater
visual impact on Haven's Lake Road and the topography of the subject lands, requiring 3D
modeling at his stage would not be unreasonable.
9.10. inclusion of the holding (H) symbol to any rezoning of the subject lands would be appropriate
and not removed until, amongst other matters, servicing and access issues have been
resolved, the surplus lands issue as it affects the subject lands have been resolved, a site plan
agreement has been executed between the owner and the Municipality. Conditions for
removal of the 'H' symbol should be specified in the by -law.
10. Site Plan Control
10.1. site plan control would apply to the proposed development to address such matters as location
of buildings and structures, access, parking, site grading and drainage, garbage storage,
landscaping and exterior lighting. Recent amendments to the Planning Act have extended
these matters to include exterior design including without limitation the character, scale,
appearance and design features of buildings. Site plan control requires the submission and
approval of a detailed site plan and may include as well the submission and approval of
building elevation drawings. The site plan agreement entered into between the Municipality
and the proponent would stipulate the obligations of the developer and long term
maintenance. Site plan approval normally takes place following re- zoning and prior to the
issuance of a building permit;
10.2. although there is no statutory requirement for canvassing public input and review in the site
plan approval process and there are no provisions for third party appeals, the Municipality has
adopted a policy in its new Official Plan to: provide an opportunity for review and comment by
adjacent owners unless, in the opinion of the Municipality, the development or redevelopment
being proposed is minor and without significant adverse impact on adjacent owners. (Section
Community -
PannersInc
Application for Zoning By -law Amendment — Seaside Waterfronts Inc.
Haven's Lake Road — Port Glasgow
Municipality of West Elgin
February 13, 2012
page 11
#0008/1861
10.7.9). There is ample justification, given the application at hand, to provide for public input at
the site plan approval stage.
11. Surplus Lands
11.1. as previously noted in this report, an irregularly shaped parcel of approximately 700 square
metres (7500 sq ft) in area lying between the front property fine of the parcel and the travelled
portion of Haven's Lake Road has been declared surplus by the Municipality. While it was
intended that these lands would ultimately be conveyed to the proponent and merged in title
with the subject lands, this transaction has been challenged by the Port Glasgow Yacht Club
(PGYC) and, as a result, has yet to take place;
11.2. as part of its Application for Rezoning, Seaside has included a development concept that
illustrates how it proposes to develop the parcel assuming the surplus lands are ultimately
consolidated with the parcel. Essentially, the surplus lands would accommodate additional
parking with the remainder being landscaped open space;
11.3. as zone boundaries typically extend to the centerline of the road allowance, the surplus lands
would normally be included in any re- zoning of the subject lands. If the surplus lands are
ultimately transferred to Seaside and merged in title with the subject lands, they could be
developed in accordance with the standards of the Zoning By -law and an approved site plan. If
the transaction never, in fact, takes place, the surplus lands would remain part of the road
allowance and development would be restricted to the current boundary of the subject lands.
Nevertheless, resolution of the surplus lands issue would be desirable before proceeding
further with the Application for Rezoning.
12. Public Input
12.1. a summary of submissions made by the public at the statutory public meting held on 29
September 2011 as well as written submissions received before and following the public
meeting is attached. Also included is a summary of submissions received from provincial
ministries and agencies. The submissions have been addressed, to greater or lesser extent, in
this report.
3`
E ,'�• Fyl f
If i iL.h H eA
H'a'nders Inc
Application for Zoning By -law Amendment - Seaside Waterfronts Inc.
Haven's Lake Road - Port Glasgow
Municipality of West Elgin
February 13, 2012
page 12
13. Key Issues
#0008/1861
13.1. based on the application submitted and the evaluation undertaken, the following issues have
been identified that warrant further consideration or clarification before moving forward with
the application:
• benefits, cost and implications of a secondary plan for Port Glasgow;
• existence of species -at -risk and mitigating measures, if necessary;
• resolution of surplus lands issue;
• submission of 3D drawings of the proposed development;
• up- grading of the municipal watermain along HLR to 150 mm (6 in);
• statutory restrictions to use of a 'holding tank' as an option for sanitary waste disposal;
• uses proposed above ground floor restaurant;
• statutory authority to restrict proposed development to seasonal occupancy in the
absence of year round maintenance to HLR'.
14. RECOMMENDATION
14.1. That the Application for an Amendment to the Zoning By -law by Seaside Waterfronts
Inc. to change the zoning of part of Lot 6, Concession XIV in the former Township of
Aldborough, from the `site - specific' Agricultural (A1 -20) Zone to a `site- specific' Tourist
Commercial (TC -3) Zone be deferred pending the preparation and approval of a
secondary plan for the settlement area of Port Glasgow as outlined herein and that the
Planner be directed to report further on the scope, content, cost (including financing),
timing and preparation of such a plan.
(original signed by)
Ted L. Halwa, MCIP, RPP
APPLICATION FOR A ZONING BY -LAW AMENDMENT: P712011
Seaside Waterfronts Inc. (Kirkness Consulting Inc., agent)
Haven's Lake Road, Port Glasgow
Part of Lot 6, Concession XIV
Municipality of West Elgin
Municipality of WEST ELGIN
FIGURE 1
Eli NM MO
OM INN OM
LANDS PROPOSED TO BE RE -ZONED FROM 'SITE - SPECIFIC' AGRICULTURAL (A1 -20)
TO 'SITE-SPECIFIC' TOURIST COMMERCIAL (C3-#)
SURPLUS LANDS
PROPOSED RIGHT -OF -WAY
1:1,000
Metres
0 10 20 30 40
APPLICATION FOR A ZONING BY-LAW AMENDMENT: P712011
Seaside Waterfronts Inc. (Kirkness Consulting Inc., agent)
Haven's Lake Road, Port Glasgow
Part of Lot 6, Concession XIV
Municipality of West Elgin
Municipality of WEST ELGIN
FIGURE 2
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MARINA
AREA: 4705m.
SURPLUSLAIEG AREA:
704m
MEE 1 MI/LBW AREA (GROLAY17 FLOOR ONLY)
LOT COVERAGE CO 7.7%
LANDSCAPED OPEN SPACE
SZINAGE SEPTIC SYSTEM 2660tye
PARIS/4G 616Ye
SPACES REWIRED:
1 per retatital
1 ce5 testament ash
TOTAL
SPACES PROVIOED:
.4
12
21
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PORT GLASGOW
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PORT GLASGOW
COMMERCIAL BLOCK
PHASE 1
CF7-192
1:500
MLA Inc. •7',7, Fa 1.2U12
07-192 L-lati
Summary of Submissions and Responses
Application for Zoning By -law Amendment: P712011 - Agricultural (A1 -20) to Tourist Commercial (C3-#)
Seaside Developments Inc.
Municipality of West Elgin
Positive Impacts on Existing Community
Proposed development will complement and enhance tourism and economic growth (Y. Brooks). Municipality
needs jobs now. Need to keep local economy growing and bring in new people to live, shop, work, play and pay
taxes. Development will bring prosperity to our area (P. Piccinato). West Elgin in serious need of more tax dollars
and residents. Seaside development promises to be environmentally friendly, will bring in more tax paying
residents and will provide interesting activities to be enjoyed by residents and visitors alike. Economic impacts on
community will be positive (I. Puddester).
Response
Official Plan supports new tourism initiatives, activities and establishments and capitalizing on the untapped
potential of the Lake Erie shoreline. (Section 2.4)
Adverse Impacts on Existing Community
Loss of quiet atmosphere and character, loss of natural habitat, proposed location of sanitary waste disposal beds
on the lands behind Douglas Line residents, questionable viability of the proposed development, no business plan
submitted, impact on the business community in Rodney and West Lorne (G. Vanceeder, Davenport, Oliver).
Potential diminishment on the marina and public lands as a result of the proposed development (W. Babin). Shame
to build anything on that corner. Should not build anything there (C. Oliver). Not evident how proposed use will
enhance existing tourism attractions and may, in fact, detract from the existing marina (i.e. parking, lack of carrying
capacity on HLR) (PGYC).
Response
Lands lie in designated 'Lakeshore Area' and in 'Settlement Area' of Port Glasgow (under appeal) — tourist retail
and service establishments permitted. Stated goal of the Official Plan is to foster economic development through,
amongst other initiatives, the development of new tourism related establishments and activities (Section 2.1).
Prematurity ,
Premature to proceed with the approval and servicing of the commercial block when the overall development plan
has yet to be approved (MOE). No development should proceed until all necessary studies are reviewed, all issues
resolved and master plan prepared (West Elgin Nature Club). Premature in advance of rest of development
proceeding (C. Oliver). Need proper studies for drainage and stormwater management first (West Elgin Nature
Club). Proposal is being rushed by Municipality - needs more forethought and planning (Denomme). Premature in
the absence of a master (i.e. secondary) plan to facilitate tourism and recreation development and to determine the
best use of the subject lands and all other lands in Port Glasgow. Premature in the absence of a feasibility Study.
Premature until applicant demonstrates how requested 'zero lot line' represents a 'precautionary measure' with
respect to setbacks from shoreline bluffs. No supporting studies have determined that the proposed zoning is
suitable for the subject property. Premature in isolation of a planned approach. Premature in light of natural
environmental constraints of the site (PGYC).
Response
Population of West Elgin has been in a state of decline since 1996. Assessment since PGYC has expressed
support 'in principle' to the Seaside Waterfronts Inc. development.
1
Provincial Policy Statement (PPS)
Consistency of proposed change in zoning with Provincial Policy Statement including adequacy of sewer and water
servicing, stormwater management, protection of natural heritage features, protection of public health and safety
with regard to natural hazards, conservation of cultural heritage and archeology (MMAH). Potential for adverse
impact on natural heritage resources and features and species at risk. MNR submitting that habitat of the Eastern
Fox Snake (an endangered species) may exist on site. Development and site alteration not permitted in significant
habitat of endangered species (MNR, West Elgin Nature Club).
Response
The adequacy of water and sewer servicing is addressed in the accompanying planning report. Stormwater
management will be addressed at the site plan approval stage. There are evidently no natural heritage features on
the subject lands with the possible exception of habitat of endangered species (Le.) Eastern Fox Snake) or on
'adjacent lands'. With respect to natural hazards, the LTVCA have advised that the lands are not subject to flooding
of a general nature. Slope stability or soil instability issues are not apparent. The LTVCA have advised that an
application will be required under its regulations (O.R. 152106) prior to the commencement of any
work/construction. The lands have not been recognized or designated as a cultural heritage site. The Archeological
Assessment (Mayer Heritage Consultants Inc.) submitted by the proponent identified areas (none within subject
lands) where Stage 3 assessments are recommended.
Conformity with the West Elgin Official Plan. The lands lie in the 'Lakeshore Area' and within the area designated
as Port Glasgow, neither of which is under appeal. Only Section 7.5 of the Official Plan being a specific policy
applying to Port Glasgow is under appeal (MMAH). Land is designated in 'Lakeshore Area' in West Elgin Official
Plan and permits tourist retail and service establishments, as well as year round development (P. Piccinato).
Response
Lands lie within the 'Lakeshore Area and the 'Settlement Area' of Port Glasgow. Tourist retail and service
establishments are permitted. Section 7.5 being under appeal does not apply. Policies on water supply and
sanitary sewage disposal (Section 7.7) and criteria for new development (Section 7.10) are not under appeal and
will have to be satisfied. It is noted that MMAH is not stating that the proposed amendment would not be in
conformity with the Official Plan.
LTVCA Regulated A
Entire parcel subject to regulations of the Lower Thames River Conservation Authority (LTVCA). Issues include
proximity of Lake Erie, gully on east side of HLR and erosion and slope stability. Permit required from Authority
prior to any work/construction being undertaken. No apparent erosion or slope instability issues on the site. No
building permit issued without permit from Conservation Authority ( LTVCA).
•
onin:
Lack of "overall zoning plan" and no progress to date. Reduced setbacks would aggravate congestion and be of no
benefit to the community (W. Babin). No information provided on the floor area of the development being proposed
(MMAH). Functionality of the site to a build out to 30% lot coverage not assessed. Permitting a zero lot line (i.e. no
front yard setback) premature without a traffic impact analysis to determine impact on parking on HLR and public
safety risks to occupants of the proposed building (PGYC).
Natural Heritage
No evidence to indicate that the subject lands include natural heritage features or lie within 'adjacent lands' limits
based on Natural Heritage Study prepared by BioLogic for Seaside. Onus is on the proponent to ensure the
proposed development does not contravene the Endangered Species Act.
2
Site Suitability /Deficiencies
Questionable site selection (i.e. costly to develop, least accessible, faces west as opposed to south towards the
lake, potential congestion due to proximity of marina, effect of slope characteristics on suitability for sanitary
sewage disposal). Need to provide as wide as possible access. Lands along Gray Line considered superior in
terms of accessibility, topography, potential for year -round access (W. Babin). Lands not appropriate to develop as
a result of LTVCA regulatory line (due to proximity of dynamic beach and eroding bluffs), hazardous lands (i.e.
unstable slopes and groundwater conditions), woodlands and no winter maintenance. Ability to provide sufficient
parking given uses permitted under TC (C3) zoning and physical constraints of the site. Ability to provided access
driveway to parking area given sloped terrain. Potentially unstable slope conditions. Ability of site to provide
required parking and maneuverability due to its physical constraints (PGYC).
Site Services
How servicing of the development of the commercial block will be integrated with the servicing of the larger
development proposed by Seaside not addressed (MMAH). Premature to consider a separate sewage treatment
plant to service the commercial block (MOE). Sanitary waste should be sent to sewage treatment plant not
disposed on site. Development should not be permitted until plant operational (West Elgin Nature Club). Sewage
treatment plant should be in first (D. Gillespie). Effect of slope characteristics on suitability for sanitary sewage
disposal (W. Babin). Concerned about proximity of tile field to the water (B. Thurgood)
Traffic Impact
Ability of Haven's Lake Road to handle more traffic, proposed development should have separate entrance
(Denomme). No winter maintenance on Haven's Lake Road (G. Vanceeder, Davenport, Oliver). Potential impact on
HLR with respect to carrying capacity, road design and standard, access/egress, parking and emergency vehicle
access. Potential impact on public safety if building permitted with 0 (zero) setback due to grade of HLR (PGYC).
Response
Parcel is sufficiently large to support a commercial development without the surplus lands being acquired.
Municipality maintains surplus lands abutting the lands which are the subject of the proposed amendment are not
governed by restrictive covenant.
Surplus Lands
Lands declared surplus by the Municipality that are included in the proposal are subject to a restrictive covenant.
Proposed amendment is inconsistent with what the covenant states the surplus lands shall be used for (i.e. access
to Lake Erie, recreational). Covenant should not be released prior to all necessary planning approvals obtained for
the proposed development of the lands (MNR). Premature until surplus land issue resolved (A. Miller). Land
donated by Havens and MNR for recreational purposes not commercial purposes (Denomme), Surplus lands of no
value to anyone including the Municipality other than the developer but will enhance the beauty and use of the
development (P. Piccinato). Agreement between Municipality and PGYC may have to be altered to accommodate
development. (I. Puddester)
Application..
Proponent proposes two phases of 600 sq m each (6458 sq ft) for a total of 1200 sq m (12, 917 sq ft). Zoning By-
law swill prescribe minimum setbacks, maximum height, maximum lot coverage and minimum parking
requirements which will serve to limit the maximum floor area along with land requirements for sanitary sewage.
Other
Sidewalk should be on Seaside property not municipal property (D. Gillespie). Adverse impact on future residents
from boaters in early morning (R. Mote).
3
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Community
Planners Inc
21 February, 2012
MEMORANDUM
TO: Members of Council
Municipality of West Elgin
FROM: Ted Halwa
#0008/21/33
RE: Seaside Waterfront Developments Inc. — Draft Plan of Subdivision — Draft Plan of Common
Elements Condominium — Part of Lot 6, Con XIV — Request for Preliminary Comments
The above described plans of subdivision and condominium were first submitted along with a number of
technical reports to the Ministry of Municipal Affairs and Housing (MMAH), being the approval authority,
in November of 2010. Upon completing its review, MMAH advised Seaside that the applications were
incomplete leading to a re- submission by Seaside in April of 2011.
In May of 2011, MMAH advised Seaside that it now considered the applications complete and
proceeded to circulate the plans for comments to various provincial ministries and public agencies,
including the Municipality of West Elgin, for review and comment by 29 August 2011. MMAH was
subsequently notified by the Municipality that it would not be able to provide its comments by the due
date and, in any event, not until public input had been received as well as the comments from provincial
ministries and public agencies and its own staff and consultants had been received and reviewed by
Council.
While the public has been exposed to the proposed plans at various times, there has yet to be a meeting
convened specifically for the purposes of receiving public submissions and comments. Under the
Planning Act, the approval authority is obligated to convene at least one public meeting for these
purposes before exercising its approval. The approval authority has the authority to delegate the
convening of the public meeting to the host municipality. This delegation is standard practice by MMAH
and is implemented by notice being served on the municipality by the Ministry. Such a notice has yet to
be given as MMAH has advised Seaside that the issues arising out of its circulation of the draft plans
need to be resolved first. Consequently, the public meeting has not been convened and the preparation
Community
Planners Inc
Seaside Waterfront Developments Inc
Draft Plans of Subdivision and Comment Elements Condominium
Pan of Lot 6, Con XIV, Municipality of West Elgin
21 February, 2012
page 2
#0008/2033
and submission of formal comments (and recommendations) by the Municipality of West Elgin has yet
to occur.
Notwithstanding the position of the Municipality to withhold comments until following the required
statutory public meeting, Seaside has formally requested the Municipality to provide preliminary
comments on its draft plans and, in addition, on its application for a corresponding amendment to the
Zoning By -faw. We have had an opportunity to undertake a preliminary review of the draft plans which
has included input from senior municipal staff and consultants. We have not conducted a review of
Seaside's proposed and corresponding amendment to the Zoning By -law.
While we are prepared to document and expand on these comments, we are reluctant to do so pending
a decision by Council on whether it intends to proceed with the preparation of a secondary plan for Port
Glasgow. If a secondary plan is to be prepared, it is only logical to undertake and complete such an
exercise before commenting on current and specific development proposals on lands which would be
included in the secondary plan.
Before proceeding with the preparation of a secondary plan, a determination has to be made of the
intended scope, level of effort and limits of the plan. To a certain extent, these matters have been
addressed by the Ministry although other issues have since arisen or which remain unresolved (i.e.
Havens Lake Road) which the secondary plan should also address. In the event a secondary plan is
prepared and adopted, it will provide a framework and directions for the subsequent preparation and
evaluation of more detailed development plans such as the draft plans submitted. As such, commenting
on the draft plans or proposed rezoning at this stage is considered premature.
(original signed by)
Ted L. Halwa MCIP, RPP
85
i'J Riclow -t!eet Inc >rtl? OnLino !Vxi,-1 2P
Community
Planners Inc
5/9l 9r' -1fl "8
21 February 2012
MEMORANDUM
TO: Members of Council
Municipality of West Elgin
FROM: Ted L. Halwa
RE: Well Water Policy -- Municipality of West Elgin — Report No. 3.
#0008/2103
Further to our report to Council of 24 January 2012 with respect to the abovenoted matter, we have
conducted further investigations on water supply and testing for the purposes of establishing a
policy to ensure building lots are not created which are subsequently discovered to have
inadequate water either in terms of quantity and/or quality. Additional well drillers in the area, all
licensed /accredited by the Ministry of Environment, have been contacted for input. The following
summary is provided:
1. W. & D. Hopper & Sons Ltd. (Ron Harper)
- should ideally seek/require a minimum supply of 18 litres /min (4.7 gal /min);
-well records are a good indication of supply but not definitive like test wells;
-the firm will do quality testing for ingredients like sulpher /iron but only if requested by the
owner.
2. J.R. McLeod Water Wells (Jason McLeod)
- suggests a minimum 15 to 19 litres /min (4 - 5 gal /min), as a rule of thumb; equivalent of
what could be produced by a standard 5/8 inch garden hose;
-test wells are the only valid way to confirm water availability;
- it is up to each owner to have the water tested.
Community
Planners Inc
Well Water Policy -New Building Lots
Municipality of West Elgin
21 February 2012
page 2
3. Mervin Jones Drilling Ltd. (Murray Jones)
#0008/2103
-his understanding that most lending institutions require a confirmed water supply of at least
11.4 Itres /min (3 ga/min);
- cautions that requiring a minimum of 19 litres /min (5 ga/min) may not be obtainable in all
cases;
-well records are a good indication of water supply but can only be 100% certain by
requiring a test well;
-poor quality water (sulpher /iron) can be treated but it is up to the owner to have the water
thoroughly tested.
As previously reported based on discussions with Laskey Services (Strathroy and area well driller),
drilling a test well and conducting the necessary flow tests remains the only conclusive means of
establishing an adequate water supply.
The Elgin St. Thomas Public Health has advised that where a new private well has been
established, the property owner should obtain water sample bottles from the Health Unit. The
Health Unit functions strictly as a courier, sending the samples to an accredited lab where water is
tested (but only for bacteria). This service is free of charge. In the event the owner wishes
additional testing (e.g. chemicals, organic and inorganics), the owner is responsible for taking the
sample to a private lab.
Private labs conducting the water testing provide a copy of the results directly to the owner. If water
quality is poor, the owner is advised to consult with the Health Unit on measures to treat the water.
The Health Unit only provides advice to the owner — it is not an approval authority. The onus is on
the owner to ensure that the water quality is safe by utilizing whatever treatment methods will be
effective.
ommurlity
Planners Inc
Well Water Policy -New Building Lots
Municipality of West Elgin
21 February 2012
page 2
#0008/2103
The Health Unit has advised that additional water tests could (and should) be performed to
determine levels of nitrates, fluoride and sodium. Optional testing could be undertaken by the
owner to determine whether the requirements of the Safe Drinking Water Act, 2000, specifically,
Ontario Regulation 169/03 are complied with. More detailed analysis and testing at this level can
cost potentially in excess of $200.
Recommendation
That the following policy be adopted as a basis for determining the existence of an adequate
and potable private water supply to service a new building lot created by the Elgin County
Land Division Committee:
Where the provision of an adequate and potable water supply to the satisfaction of the
Municipality has been imposed as a condition of consent to the creation of a building
lot and where a municipal water supply is not otherwise available, the following shall be
required from the owner /applicant as a basis for obtaining the approval of the
Municipality:
1. submission of a report from a licensed or accredited well driller confirming a
minimum sustained water supply (yield) of 18 litres per minute from a test well
situated on the proposed lot;
2. submission of a report based on the said test well which satisfies the minimum
criteria of Elgin St. Thomas Public Health for bacteria;
Community _.
Planners Inc
Well Water Policy -New Building Lots
Municipality of West Elgin
21 February 2012
page 2
#0008/2103
3. submission of a report based on the said test well which satisfies the minimum
criteria of the Safe Water Drinking Act and regulations thereto for nitrates,
fluoride and sodium;
4. where the said tests do not confirm the adequacy and/or potability of a water
supply, remedial measures capable of being undertaken.
(original signed by)
Ted L. Halwa, MCIP, RPP
680 Waterloo Street, London, ON NSA 3V8
C lC6)
SISKINDS
iFlt
I ASV
FIRM
EMAIL andrew.wright @slskinds.corn FILE NO, 8107521AOWifog
February 17, 2012
Joanne Groch B.A., AMCT,
Administrator /Treasurer,
The Corporation of the Municipality of West Elgin,
22413 Hoskins Line,
Post Office Box 490,
Rodney, Ontario NOL 1C0
Dear Joanne:
Re: Tri- County Water Services Corporation
I am responding to your e -mail request for comment on the recent draft agreement discussed
by West Elgin Council at their Special Meeting on January 19th, 2012 and by the Tri- County
Committee at their meeting on January 24111, 2012. 1 have reviewed the draft agreement and
the Minutes of those meetings and offer the following comments:
Liability Exposure
By way of preliminary observation, in broad terms, the Safe Drinking Water Act, 2002, the
Environmental Protection Act and other environmentally focussed legislation impose liability
on water system operators, on owners and on the individual decision makers associated with
the operators and the owners.
The West Elgin Primary Water system is presently operated by OCWA, so OCWA carries the
obligations of operator. The West Elgin Primary Water system is presently owned by West
Elgin, so West Elgin is exposed to the responsibilities and liabilities imposed upon owners.
The individual West Elgin councillors and senior staff would be personally open to charges if
they are not able to prove they met the standard of care required of decision makers.
Proposed Agreement
The proposed agreement presently under discussion is modeled on Transfer Orders issued by
the Minister of the Environment under the Municipal Water and Sewage Transfer Act, 1997.
There is such an Order for the Lake Erie Primary Water Supply System and one for the Lake
Huron Primary Water Supply System. The effect of the Orders was to transfer from OCWA,
the then owner of the systems, to a Trustee, in both cases the City of London, under the aegis
DIRECT
TELEPHONE (519) 660 -7751
FACSIMILE (619) 660 -7752
HEAD OFFICE
TELEPHONE (519) 672 -2121
FACSIMILE (519) 672 -6065
1773084.2
London ' Toronto • Quebec City SISKINDS.cont
680 Waterloo Street, London, ON N6A 3V8
SISKINDS
THE
LAW
FIRM
of a Joint Board of Management established by the Orders to govern the management of the
systems.
The West Elgin Primary Water system has always been owned by West Elgin and its
predecessor, West Lorne. It has never been owned by OCWA or by the Province so the
Municipal Water and Sewage Transfer Act, 1997 simply does not apply.
In attempting to emulate a Transfer Order under that legislation, the essence of the proposed
agreement is to have the West Elgin Primacy Water system co -owned by all of the
participating municipalities. Whether ownership is said to be joint or as tenants -in- common,
the result is that all of the co- owning municipalities would be exposed to the above referenced
owners' obligations and liabilities under the legislation, as well as civil liability.
Municipal Services Corporation
if West Elgin is to transfer ownership of the West Elgin Primary Water system, it is our strong
recommendation that both the assets and the liabilities should be transferred, To do that, the
transfer should be to a Municipal Services Corporation established wider section 203 of the
Municipal Act, 2001 in accordance with O.Reg 599/06.
I envision that it would be incorporated as a not - for - profit corporation without share capital the
members of which would be the participating municipalities. Each municipality would
appoint one or more directors as negotiated in the incorporating exercise in line with the
principles discussed in the context of the draft agreement presently being considered. Each
participating municipality would have a water supply contract with what I will hypothetically
call the Tri- County Water Services Corporation. Those water supply agreements would be
akin to the agreements which the Lake Erie Primary Water Supply System and the Lake Huron
Primary Water Supply System have with those municipalities to which they supply water.
These water supply agreements with the Tri - County Water Services Corporation would need
to be tailored to the Tri - County circumstances to provide for minimum and maximum
volumes, again, in line with what is currently being discussed in the context of the draft
agreement.
The Tri-County Water Services Corporation would be a separate corporate entity. As the
owner of the Primary Water System it would have the owners' obligations and liabilities
previously mentioned. This would eliminate the risk of such liability exposure for West Elgin
as well as for any of the participating municipalities,
At both the January 19th meeting of West Elgin Council and at the January 24x11 Tri - County
meeting, it was indicated that, if the West Elgin Primary Water System is to be transferred,
ACW /fog/ 810752
Page 2 1773084.2
London Toronto Windsor Quebec City SISKINDS.con
680 Waterloo Street, London, ON N8A 3V8
SISKINDS
THE
LAW
FIRM
from West Elgin's perspective a separate corporation is the best alternative. From the legal
perspective of insuring that the liabilities follow the ownership of the system's assets, I agree.
If the notion of a separate municipal services corporation is to be pursued, elaboration will
need to be provided about how it would operate as a private corporation, This would involve,
for example, maintaining separate financial records and filing income tax returns, Another
element to be managed in this case is that, when a municipality proposes transferring to a
municipal services corporation assets the cost of which have been subsidized by the Province,
Provincial endorsement of the transfer needs to be obtained under O.Reg 599106. I make
mention of these examples to illustrate that the establishment of a municipal services
corporation ought not to be undertaken without legal and accounting, and perhaps in this case,
engineering advice.
The first step, however, is to obtain consensus amongst the participating municipalities that a
separate municipal services corporation is the vehicle to be used
Decision- Makers' Standard of Care
I wish to include reflections on comments I have previously seen from Doug Reycraft and
which again appear in the Minutes of the January 24, 2012 Tri- County meeting.
Doug is noted as having said something to the effect that the Statutory Standard of Care
applies to individual council members rather than to councils as a whole so it doesn't matter
whether the system is owned by a single or multiple municipalities. From an e-mail he sent in
November 2011 I understand he has this from a training session put on by the Walkerton
Clean Water Centre.
The problem is that Doug is extrapolating from a session dealing with a different context. The
standard of care discussion is focused on impressing upon municipal decision makers the
seriousness of their responsibilities and the potential personal consequences of failing to meet
the required standards, That discussion does not begin to and is not intended to address the
statutory obligations and civil liability of owners and operators of water systems.
As previously mentioned, if hypothetically the West Elgin Primary Water system were
operated by OCWA, co- owned by a number of municipalities and managed by a management
board, then OCWA and its people would answer for operator obligations; all of the co- owning
municipalities would be exposed to owners' obligations and liabilities; and the individual
decision- making members of the management board would be personally open to charges if
they are not able to prove they met the standard of care required of decision makers.
ACWffogl 810752
Page 3 1773084.2
London • Toronto Windsor • Quebec City SISKINDS.com
680 Waterloo Street, London, ON N6A 3V8
SISKINIIS
THE
LAW
FIRM
Moving decision- making to a management board may relieve members of the Councils of the
co- owning municipalities (who are not on the management board) of their personal exposure
for decision - making, but it does not relieve the co- owning municipalities of exposure to
owners' obligations and liabilities under the legislation, If, hypothetically, West Elgin,
Dutton - Dunwich and Southwest Middlesex were co- owners and, through a management
committee, two of the three make an unfortunate decision, all three municipal owners are open
to prosecution and civil liability as owners; the members of the management committee who
supported the hypothetical unfortunate decision would also have to answer personally for their
votes.
Protecting municipal Councillors from personal liability is important but protecting the
municipalities themselves is at least as important. With respect, Doug and those who are with
him in this should take legal advice about how to mini ►nine, if not eliminate municipal
ownership liabilities.
Next Steps
You will see that I have not dealt with nor commented upon the minutia reflected in the two
sets of Minutes. That sort of detail will need to be addressed but in the different context of a
municipal services corporation and water purchase agreements. I have here focussed on the
principles rather than implementing details,
I believe what is now needed is a consensus amongst the participating municipalities that a
separate municipal services corporation is the appropriate vehicle to be used to achieve the
current objectives.
I may be wrong but I anticipate that for such consensus to be reached, the other municipalities
should first have the benefit of legal and perhaps accounting advice. I would be pleased to
discuss the concept of such separate municipal services corporation with legal advisors for the
other municipalities.
As always, if you have questions or desire elaboration, please do not hesitate to communicate
with me.
Siskinds LLP
Per,
Andrew C. 'nigh
AC W /fog
ACWIfog/ 810752
Page 4 1773084.2
London Toronto Windsor Quebec City S}SKINDS.com
Ministry of
Natural Resources
615 John Street North
Aylmer ON N5H 2S8
Tel: 519- 773 -4750
Fax: 519- 773 -9014
February 16, 2012
Norma Bryant
Municipality of West Elgin
22413 Hoskins Line
PO Box 490
Rodney, Ontario
NOL 2C0
Ministere des
Richesses naturelles
615, rue John Nord
Aylmer ON N5H 2S8
Tel: 519 -773 -4750
Telec: 519 -773 -9014
rte.
�ft"Ontario
0)
MUNICIPALITY OF WENT ELGIN
FEB 2 4 2012
u
Re: Seaside Waterfront Inc. Residential
Port Glasgow, Municipality of West Elgin, County of Elgin
MNR Comments regarding the release of the covenant
Dear Norma Bryant,
This letter is a follow up to the meeting held on January 23, 2012 with the Ministry of
Natural Resources (MNR), the Ministry of Municipal Affairs and Housing (MMAH), the
Municipality of West Elgin and the Municipality's planning consultant. The meeting was
held to discuss the Municipalities request to have the covenant released for the lands
roughly noted as lot 6, concession 14, in the geographic township of Aldborough, within
the vicinity of Port Glasgow, Municipality of West Elgin, County of Elgin. Please see the
attached map which illustrates the specific portions of the covenant the municipality is
requesting to be released.
General:
It is our understanding from the MMAH that a portion of the Municipality of West Elgin
Official Plan is currently under appeal. The lands to which the Municipality is requesting
the covenant to be released are included in the area under appeal.
Background:
Both the Municipality of West Elgin and MNR were previously communicating and
working through Infrastructure Ontario (1O). 10 has clarified that they will not release the
covenant until MNR is satisfied. For clarification MNR will be satisfied when the intent of
the covenant has been met. They also suggested that the Municipality and MNR need to
communicate to each other directly. In light of that direction MNR, MMAH and the
Municipality of West Elgin and their planning consultant met on January 23, 2012 to
discuss the release of the covenant.
Lands:
The lands to which the covenant applies includes lands declared surplus by the
municipality. These lands are owned by the Municipality of West Elgin, however, they
are subject to a restrictive covenant.
The restrictive covenant states:
"The Transferee agrees with the Transferor that the Land shall be used for free
public access to Lake Erie and for municipal access to Lake Erie and for
municipal parks and recreation purposes only. Should the Land be used for any
other purpose, the Land shall revert back to the Transferor."
The restrictive covenant can only be released by Infrastructure Ontario.
To clarify and provide background on the surplus lands, in 1967 the Crown as
represented by The Minister of Public Works acquired a parcel of land (approx. 25
acres) along the Lake Erie shoreline at the mouth of Sixteen Mile Creek, Port Glasgow,
then the Corporation of the Township of Aldborough, (now the Municipality of West
Elgin) County of Elgin. This property was known as the Beattie Access Point and was
managed by Ontario Parks and Aylmer District MNR as a public access point. Additional
lands were acquired over time and title vested with the Ministry of Government Services.
In 1994, these lands were declared surplus and transferred from Her Majesty the Queen
in right of Ontario as represented by the Chair of the Management Board of Cabinet
(now the Ministry of Infrastructure) to the then Corporation of the Township of
Aldborough, (now the Municipality of West Elgin) in instrument numbers 357368 and
357369. The transfer contained a restrictive covenant which is described above.
The proposed use of the lands is inconsistent with the covenant. The covenant clearly
states the lands shall be used for access to Lake Erie, and for municipal parks and
recreational purposes only. We understand the proposed use of the lands (should the
covenant be released) is for a road widening as well as some future development. The
request to release the covenant does not propose any legally enforceable replacement
for public access to Lake Erie, nor does it provide for recreational uses, or provide 10 or
the Province with an opportunity to address the future use of these lands.
Also note that protection of species at risk and their habitat provided by the Endangered
Species Act, 2007 applies regardless of Planning Act applications, approvals or the
release of the restrictive covenant.
Please do not hesitate to contact the Aylmer MNR District Office with any questions or
comments you may have.
Sincerely,
r. vccL&j==LU
Amanda McCloskey
District Planner
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Elgin:::-,
CORPORATION OF THE COUNTY OF ELGIN
NOTICE OF APPLICATION FOR CONSENT
APPLICATION NO. E 8/12
PART LOTS 4 & 5, REGISTERED PLAN 106, MUNICIPALITY OF WEST ELGIN
TAKE NOTICE that an application has been made by SIMON IU PROFESSIONAL
CORPORATION, 102 Three Valleys Drive, TORONTO, Ontario, M3A 3B9, for a consent
pursuant to Section 53 of the Planning Act, 1990, as amended, to sever lands municipally known
as 233 Munroe Street, Village of Rodney, legally described as Part Lots 4 & 5, Registered Plan
105, Municipality of West Elgin.
The applicant proposes to sever a lot with a frontage of 17.5 metres along Munroe Street by a
depth of 30 metres, Area 525 square metres containing one house, proposed to create one
residential lot. The owner is retaining 1182.46 square metres containing one church (now
closed) proposed to remain in residential use.
The location of the property is shown on the Key Map below:
ADDITIONAL INFORMATION regarding the application is available for inspection daily, Monday
to Friday, between 8:30 A.M. and 1:30 P.M., at the County Municipal Offices, 450 Sunset Drive,
St. Thomas or at a Public Hearing to be held on:
ficsa .in Committee Room #2,
No. 4595 P. 2/2
WEDNESDAY n Municipal Ofe,450 Sunset Drive, St. Thomas.
Any person or public body may attend the Public Hearing and/or make written or verbal
representation either in support of, or in opposition to the proposed consent.
If you wish to be notified of the decision of the Land Division Committee in respect of the
proposed consent, you must submit a written request to the Land Division Committee. This will
also entitle you to be advised of a possible Ontario Municipal Board Hearing. Even if you are the
successful party, you should request a copy of the decision since the Land Division Committee
decision may be appealed to the Ontario Municipal Board by the Applicant or another member of
the public.
If a person or public body that files an appeal of a decision of the Land Division Committee in
respect of the proposed consent does not make written submission to the Land Division
Committee before it gives or refuses to give a provisional consent, the Ontario Municipal Board
may dismiss the appeal.
Dated at the Municipality of Central Elgin this 17th day of February 2012.
KEY MAP: (not to scale)
J�JE+vT`
LANDS
Susan D., Galloway
Secretary- Treasurer
Land Division Committee
450 Sunset Drive
St, Thomas, Ontario
N5R 5V1
County of ggln
Englnesting 5errloea
450Sunset Drive
St Thomas, On N6R 5V1
Phone: 519. 5 i.1A 0
Y W.elgietOunty.on.ca
pc
Whether you are municipal staff or a new /returning elected official, this is your chance
to learn about existing and new program /service offerings from AMO and LAS.
These no -cost sessions are your chance to learn how to leverage our experience,
programs, and leadership to save money and do more for your organization.
Session Schedule:
Save money with LAS Procurement Programs (Electricity, Natural Gas, and Fuel) 9:00am - 9:46
More than 190 municipalities participate in the LAS Electricity, Natural Gas, and Fuel Procurement
Programs to save money and ensure overall budget stability. This session will provide members and
interested municipalities with a brief overview of all three programs, the respective markets, potential
savings, and details of how to enroll.
Insurance Risk Management Overview 9:45 — 10:30
Municipal insurance costs are climbing! Claims have been impacted by many factors including:
increased damage awards, class action lawsuits, costs of future care, and climate change.
Municipalities must concentrate on reducing both the frequency and severity of claims. Through an
educational partnership with Frank Cowan Company, this session will explain claim trends and their root
causes. The session will focus on typical claims situations brought before municipalities, an explanation
of the claims process, and challenges faced by defense counsels. Suggestions will be made to help
municipalities successfully meet their statutory duty of care in order to reduce the cost of risk.
Canada's Gas Tax Fund 10:45 — 11:30
What's new with Canada's Gas Tax Fund — the only long -term, stable and predictable source of
infrastructure funding. Hear about some unique projects that are helping municipalities build their
communities and improve long term planning — there is more flexibility in using this funding than you may
think! Learn also how to promote the Fund and its contribution to your local municipal infrastructure
Managing Municipal Group Benefits Cost Trends 11:30 — 12:15pm
Mosey & Mosey, LAS' Group Benefits Program partner will discuss how to control your third largest
municipal cost - your human resources, simply by developing an understanding of group benefits trends
and a progressive strategy to manage them. The session will address benefit cost drivers and options
that can limit future cost increases. An overview of the successful LAS Benefits Program will also be
provided, including how the 'pooled' program design has helped 28 municipal groups lower costs by
more than 10 %.
NETWORKING LUNCH
Energy Planning and Solar PV 12:45 -- 1:15pm
Save and make money with energy management. Learn how LAS' new Energy Planning Tool (EPT) can
help you meet new regulatory reporting requirements under the Green Energy Act and how our Solar
Photovoltaic (PV) Program offers a secure, financially attractive investment.
Thursday, March 15
2012 Town Hall Information /Update Sessions
All sessions are:
9:OOam — 9 :15pm — lunch will be provided
Oxford County/
Woodstock
Oxford County Admin Building
Council Chamber
21 Reeve Street
Woodstock N4S 7Y3
(519) 539 -9800
Thursday, March 29
Loyalist Township
{15 min west of Kingston)
Municipal Office
Council Chamber
263 Main Street
Odessa KOH 2H0
(613) 386 -7351
Thursday, April 5
Simcoe County!
Barrie
Simcoe County Admin Building
1110 Highway 26
Midhurst LOL 1X0
(705) 735 -6901
Thursday, April 12
City of Thunder Bay
Protective Emergency Services
Training Centre
750 Hammond Avenue,
Thunder Bay P7B 6T5
(807) 684 -3100
Thursday, April 26
Municipality of
Markstay - Warren
Municipal Office
Council Chamber
21 Main Street South
Markstay POM 2G0
(705) 853 -4536
REGISTRATION DETAILS:
cuA (K1[111(7:0 (,!%1Ii'l (oil °)iI iY k VAY /1111(tKo rt an 41
(fit \' ° uI I 10=Ault 2Ol ,OI if o�(i ii' k ,4 f;(cfo )iit rc1:1E
ALIO
Association of Municipalities of Ontario
Association of Municipalities of Ontario
200 University Avenue, Suite 801
Toronto, Ontario, M5H 3C6
416- 971 -9856 1 Toll Free 1 -877- 426 -6527
www.amo.on.ca -- Visit the AMO and LAS websites -- www.Ias.on.ca
?LAS
Grand Opening!
Elgin County and the Elgin
Business Resource Centre
Elgin Business Resource
Centre Office at the Elgin
Innovation Centre.
0
ipe
2 14
m3
D7
D8
ElginCourit
Progressive by Nature
MEMO TO: Elgin Group — Municipalities
FROM: Jim Bundschuh, Director of Financial Services
DATE: January 26th, 2012
SUBJECT: Estimated 2012 Policing Costs and 2012 PSB Budget
The estimated policing costs for 2012 in the amount of $5,965,510, an increase of 2.1% over
last year. This increase is due to a change in the Ministry's cost recovery formula as
explained in the attached letter from Andrew Eamer, O.P.P.
The estimated breakdown to each member municipality is as follows:
Estimated
Municipality % Share Policing
Bayham 13.40% $799,080
Central Elgin 36.82% $2,196,352
Dutton /Dunwich 8.62% $514,078
Malahide 13.89% $828,311
Southwold 11.87% $708,106
West Elgin 15.42% $919,583
Total 100% $5,965,510
The government will be uploading security and prisoner transportation costs as outlined in the
attached letter from Oscar Mosquera, Public Safety Division; however the amount for Elgin
Group is unknown at this time. The impact of the upload and any other changes from the
estimated 2012 policing costs will be reflected in the 2012 reconciliation.
County of Elgin
Financial Services
456 Sunset Chive
St llamas, ON N5R 5V1
Plane: 519.631.1460 et 141
.Pro • ressive b `11ta'tr re ,
ElginCounty
Progressive by Nature
January 26th, 2012
The approved 2012 Police Service Board budget is as follows, representing a 0% increase:
BAYHAM
CENTRAL ELGIN
DUTTON /DUNWICH
MALAHIDE
SOUTHWOLD
WEST ELGIN
TOTAL
REQUISITION BY MUNICIPALITY
Based on 4 Year Average Migrated over 4 Years
2011 Percent
2011
2012 Percent
2012
13.40%
$4,533
13.40%
$4,533
36.82%
$12,459
36.82%
$12,459
8.62%
$2,916
8.62%
$2,916
13.89%
$4,699
13.89%
$4,699
11.87%
$4,017
11.87%
$4,017
15.42%
$5,216
15.42%
$5,216
$33,840
$33,840
Please do not hesitate to contact this office if you require any additional information.
Yours truly,
9/4141'14
Jim Bundschuh
Director of Financial Services
county of Elgin
Financial Services
450 Sunset Drive
St Thomas, ON N5R 5V1
Phone: 519.631.1460 ext 141
Progressive by Nature
Ontario Police
Provincial provinciale
Po11oe do t'Ontario
November 21, 2011
CAE
Elgin Group Contract
450 Sunset Drive
St. Thomas ON N5R 5V1
Dear Sir/lVladame:
Business and Financial Services Bureau
Bureau des Services opOrationnels et financiers
777 Meirmial Ave. 777, avc Mietiorfe
Drill in, (OH) C,3V 7V3 C7ri €iii, (ON) t,3V ?163
Tel, (705) 329 -6200 Fax: (705) 329.62 f 7
File Reference
46(120
.51 l -W-69 t 5
DEC
Q. *-N
ADMINTRIMESERVICES
Re: 291.2—Municipal, Policing ng Cost Estimate Billings — Ontario Provincial Police (OPP)
The five-year municipal policing contract between the Elgin Group and the Ministry of Community
Safety & Correctional Services expired on August 31, 2011. Contract renewal negotiations are being
conducted and you either have received or will be receiving a costing proposal from the OPP.
The OPP is required to provide a 2012 cost estimate for policing seivices to all contract municipalities.
However, until your municipality enters into a new contract with the Ministry of Community Safety and
Correctional Services, the OPP will continue to mvoiee your municipality based on your last annual cost
estate. When the new contract is approved, the OPP will make the necessary retroactive billing
adjustments to align your 2012 estimate with the approved contract.
The OPP Commissioner has recently advised all OPP- policed municipalities of an approved update to the
cost recovery formula used to determine municipal policing costs. A standard cost schedule based on the
2010 Formula rates has been attached for your reference. A municipality transltioning from the 2008
Fonnula would incur a small overall cost increase, approximately 2 %, as result of the implementation of
the new Formula. A municipality.transitioning from the 2003 Formula this year would incur a cost
increase of approximately 9%. The formula. recovers costs based on expenditures in 2008 -09 and
therefore updates th.e municipal policing; costs to more current costs. The OPP is authorized to update the
cost recovery formula rates on an annual basis going forward.
At the August 2011 meeting of the Association of Municipalities of Ontario (AMO), the Ministry of
Community Safety and Correctional Services committed to provide each OPP- policed municipality with a
summary of the OPP Deployment Model methodology. For your reference a summary of the
methodology is attached. The OPP is looking forward to ongoing dialogue on potential options for
managing costs and transparency around the cost recovery formula and the deployment model.
Please note that interest will be charged on overdue accounts and it is applied retroactively to outstanding
balances.
2
If you have any questions or comments related to this process, please contact Audrey Sage, your financial
analyst in )rilli , at (705)329 -6228. Operational policing matters should be refereed to
inspectorBrad Fish1eigh, Commander of Elgin County EYetaolunent at (519)631-2920.
Youis truly,
Andrew Earner
Bureau Commander
Bus ssand.F €t nei Services Bureau
03% 06 Pro mct I Police
Attachments
C;
i;R tL —l;I in'I mup tricl fLe Set iic s Board
Detachment .Ctimrraniter, Elgin CourayDetachntem
Nutoger, Contract Policing Section
cc:
Commander, West Region
9iltaria Provincial Pollee
2012 Cost gstintate Schedule for Mtinieitial Policing 03ased on. 2010 Formula)
Item
Uniformed Staff $alaries .0
(Based on 2612 salary rates)
Overtime Raiz 0
Shift Premien-1
Contiuctual Payouts Rate.°
(Vatelidn and Staintoty Holidays)
Civilian $taff- Wades 44
(Based on nit talatP rates)
Benefit Rates. e
Ontario Shared Services (OSS) Payroll Fee
Support Salaries and Benefits '
(66st per uniformed member)
Other Direct Operating crises (000E)
(cost per uniformad in-ember, unless
otherwise stated)
leinstimate.s
416R,Wcy $ 1 29,726
StaffSeigeant $ 1 %9.1 (Detachment Commander)
staff &eant $ 1 194•4 (Pwrani Manager)
6;PaPt '$ 98,093
-WOO $.
PrOVtiine 3 66;100
0.7% of uniformed staff.salaries
$606 per uniformed member — sergeant and below
3.5% offull-titre uniformed staff salmieS
Court Officer $ $7-;255
tiditehthent Administrative Clerk $ $5i439
Caretaker $ 46,961
210 % uniformed staff
24.9 % civilian staff
194 % parttime uniform staff'
193 % part-time civilian staff
2 % overtime pwrients
$394 per new FTB
CommunicAtion Operators $3,003
Prisoner Gorda $1,225
Office Automation Support $666
Telephone Support $11
Operational Support
(* Includes Training, Forensics, Contract Policing, Recruiting)
Connnunleation Centm
Operational Support *
RHQ Municipal Support
Vehicle Usage
Telephone
Office Supplies It Equipment
Aeconrniodation
Uniforms 84 Equipinent
Cleaning Contract
Mobile Radio Maintenance
Office Automation - Uniform
-
OSS Finarteial Services Fee
asManicipalities are bitted based on actual costs at ycar-eird
OCurrent turnuat rates, updated as required.
A 2008 Cost Recovery Formula comparison follows.
$245
$943
$1,776
$8,750
$1,206
$464
$481
$1,211
$195
$625
$1,707
$1,985 (per civilian member)
1.1 5% of total MOB
Ontario Provincial Police
Cost Recovery Formula .Cornparison
2O12 Coat E tfmate For Caner datable
Office SripPlies and Equipment $at a �� 4
Aceomrnc40n , $407 MIME 611{`14
Wilfornti & Equipment =MEM S 2132 =NEM O
Mite Ra ltd eourpmr it,Malnienetica. 1111111111.11 SO25 -�7 410.
Of9ceAutomaloh ate-1 $1.707 $1 -,9:4 MI 4244 42__i6
Ontario Shared Sources (083) Fijieir0 &nice& Fee =OEM 1,202 $20g ME 47 En
stlb=tatat ODOE Support COs€s Saki ' '
t
4R dE .9.1 %.F gr:, i i `- 'k rlil" 'i l 01 1 i EM K 3 4 L M
i .t,i's. LS>.7'" .wj� iFTS •, -g iL'4 V —�— 'y�-.m�;;al. �:__. y i-,-riTWA Y`.:r �i { j;. .;�
yy }r'R ; ` r a9,i{I�,L; $? RKSw' dig 1 •�'1 i I'rl -e,.., e,�9 `1,y{ k� `� 7,i _ . �g �'.baro i ? iP R 'igi 1,440
ILf t!�7f 3�i�a��� u[ t�; �IL SffE'`[�s' a4 }h 11�V� WI !�l ,.,?i 1�'� _ .414n`F �` i,� i ,�s j� � � 1. 7 L�
Notes:
1) For comparative purposes the 2809 Formula Metals above list support staff costs (Satarles and benefits) separately. In the 2000 Formula these
costs were grouped together with olherdlreat operafing expenses, They are now detailed separately in the 2010 Formula.
2) operational Support Includes training, forensics, Contract PoIraq unit, rec[ulling
k. ,� .3 r, ;{ ,
,t,�,}7iYT I S: w. �R�r
rk; i�t
1dniForra SOrfo dntl'I #itti#it3
Conafablea '
'lb**. IIIIIMIIIIIIIIIIIIII
TotalUntferm Salaries 2
20.12f e's $87,24{J1U $67;24:0
0 .ert4 na (
(Pt.Mliriciat iv2 '; $713.90 83 : ;... I
Immo=
Contractual Payout Oraogilion 4.Stalulory .HcU a s), r
r.W6oral AVei$ge ti =WM 1
111111.711211
01itPn 7ltUf IB 1
111 11111110111E S
Slit 31 O%e
131101.W (2 .`]fn'salary 00.4i oerltrne) ;
;MOW :.... ' • N
� 7 - 9"s5 L r-'.; .n�:v,. r
rr[ Ti ,r.^ "r7 � C
,,,vil)SilY43 i
6110000 t St +asts (511.0.03.aitri IIPt10llts) I
09tritli•tiil"�110;Q0.ra(titS "
PFls4Fier.Gutlyd5 V
V 011111 $1.011111111111rt 2
2 t%
O, be Atit ii support. C
Tt l one$upj ort N
No1e 1 0$ _
_. - $16 41 I %
Operalfanet Su Drt"
PP N
Note 114:2 SS;Q79 1111 soil.' 0
009 250:7.t
$9b-tnOtt;$uptla11 Ottitf Ooa tir 3
3141, 69
OtherDirtiot .Oporatldggxpnnsas°''; Qg) I
IIIIIIIIIIIIII- 1111111111111111.1
Communisation Center '
Operational - upport" N
Notes 1 & 2 4941111111 $4 U l
lM '13G.8:
RHO 'Mu cipal Support $
$1,77.4 $1 :0$7 -
- S9t9 lin
Veh;ale'Etsage •
• ? 7159 1.I. S9,747 -
- E .
Telephone N
Notes:
1) For comparative purposes the 2809 Formula Metals above list support staff costs (Satarles and benefits) separately. In the 2000 Formula these
costs were grouped together with olherdlreat operafing expenses, They are now detailed separately in the 2010 Formula.
2) operational Support Includes training, forensics, Contract PoIraq unit, rec[ulling
OPP Dfm oymen Model •
Introduction
Policing in Ontario is governed by the Ontario Felice Adequacy Standards which define
core police activities, These standards are enshrined in °provrncial 'legislation under
section 4(2) of the Police Syr- vrees; Act (PSA) Whieb ;states That "adequate and effect-We
police services must include, at a Minimum, all of the,fe11owjig pot?iee sOrviccs'':
• Crime Preventi n
Law Eu rcem it
• Victim Assistance
• Public Order Maintenance
• Emergency Response
Tho.above five Categories exemplify the wide array of responsibilities of Ontario's police
services. To meet thee requirements, the Ontaro Provincial Police (OPP) must have a
valid and objective means of determining the number of of ..oer needed to provide
adequate and effective policing as defined in the PSA. The starting point of aisessing
staffing needs is the front-line constable. The OPP xis. st be;ab a to.determine the number
of general law cnforceinelit constables needed to keep Ontario's citizens safe and secure.
The (OPP) Deployment Model has been used by the OPP to adequately and effectively
staff detachments since the late 19SOs. Originally developed by the Illinois State Police,
the computerized model has been sigdific ntly refuted by the OPP and is used as an
important tool to accurately identify the number of front -dine constable required to
address calls for service,
The OPP has received government approval to use the nodes to identify workload and
apportion OPP costs to municipalities receiving policing pursuant to Section 5.1 of the
Police Services Act (PSA), as well as munic* ties pciliced by agreement pursuant to
Section 10 of the PSA.
To determine the number of constables required to respond to Calls For Service (CFS)
the Deployment Model considers five parameters
1. Detachment Characteristics
2, Availability Factor
3. Calks for Service/Response Standard
4. Policing Standards
5. Patrol Standards
These five parameters are explained in detail in this document. Note that the OPP
Deployment Model does not calculate the level of uniform staff required for the
supervision of front line constal,les, or the level ofuniforrn and civilian staff required to
provide operational and administrative support. Supervision and administrative support
are determined by both OPP policy and operational requirements for each location.
Deployment Model Parameters
1. Detachment Characteristics
For tho p.uipa c ofrt]ie Dcp]c, icnt Mara, oPf, dct6c tiii are Classified as .either 41rea
or Linear.
Area Detachments.: provide both provincial (provincial parks and highways,
unincorporated areas, waterways) and municipal policing services over a defined
geOgraphical area. The Deployment Model takes into consideration the total area, in
squire kilornetres, p ►1ieed by the 4rca detaclument.
Linear 1 etachmetnt& providestriet €y highWa.y patrol= functions, partieularly in the Greater
Toronto Are whe're the OP has jtrrisd cttan over provincial highways.;artd ; aunt, ipai
policing finictions are provided by municipal and regional police services.
2. Availability Factor
If a position were occupied and available for calls at all tithes (i:e. 8 hours per shift, 365
clays per year) an officer would be available 2920 hours a year. However, .many aspects
of police works as well as terms of eniployrncnt, impact on a constable's availability to
respond to calls for service. To determine the availability factor these impacts are
tabulated annually, using the OPP's Activity Reporting System las an information source,
and averaged on a per officer basis.
These include:
Weekends (two days) = 832 hours
Statutory Holidays = 88 hours
Vacation Days = 157 hours
Maternity /parental leave = 20 hours
Sick leave = 53 hours
WS1B — 13 hours
Court T 123 hours
Training = 92 hours
Administration = 75 hours
Total hours unavailable = 1453
An analysis of the this information reveals that for each constable positron, two
constables are actually required because each individual officer is only available to
respond to malls for one .half of the year
Note: Each officer is required: to complete and subunit a Daily Activity Report. This fbrrn
captures information, such as the type;: location and time spent on each occurrence to which Elie
constable responds. The inrortr ation is then inputted into a central repository where it can be
used to manage OPP resources.
3.. Calls fc r Service. tesponse Standard
The primary function of constables is to respond to Calls for S'€ t ice (CFS).. The model
calculates the number of constables required per detachment to respond to CFS, the bulk
of which are criminal or traffic occurrences. The OPP's Daily Activity Report is used to
determine the average length of time required to investigate criminal and traffic
occurrences (-with the exception of homicides which are_factored into the model units
different: methodology). Foie both criminal and tragic CIS the tot al ti and Follow - rp.
hours recorded are summed and divided by the total number ofroccurrenecs to pro lucc
the avenge Criminal Code (CC) arid Motor Vehicle (MVC) VAIN.
Critninal occurrence CFS induces Criminal Ode- , 'Cim codes 328 to 561, as
well at
• Death / .injury Investigation
Domestic Inve igatic n
• Praise Allis
• Etnet eney / Compassto ate M s ge
• Missing ! Lost / Overdue Persons
• Rescues
Motor Vehicle Collisions (I'JVC) occurrences include:
• MVC Fatal
• MVC Personal Injury
• MVC Property Damage
• MVC Non - Reportable
Using Activity Report data, the average t€me2 taken to investigate a Criminal or
MVC occurrence was calEculated. at
Criminal: 4.6 hours
WC: 2,4 hours
For each detachment and shift the total number of CC and MVC CFS are multiplied by
the provincial average time for CC and MVC investigations respectively. The model
adjusts the results for each detachment's hours of operation. The result is the total
number of hours spent on CC and MVC CFS. The model then calculates, by detachment
and shift, the number of constables required..
The model also takes into account the probability of simultaneous CFS and considers the
percentage of time an officer will be available to immediately respond to a CFS.
* Note: Court time and administrative time are not included in this calculation given that they
are already included in the Availability Factor.
4
Sun_ 3rtlar
The OPP has provided municipal= policing to Ontario's rnun cipaliti :s under
contract since at 1940s. The dumber of municipalities es contractiing s r ices from the
0.PP continues to increase and no starrds,at i49. A further 173 municipalities receive
OPP non - contract policing g services.(total 322),
Contract: Policing Section will continue to support municipal policing in the proMace` of
Ci taiia by providing client- focused costing. proposals, pursuant to the BSA,. to requesting .
inindeipalities as the OPP nmov'es :into its second century of policing excellence, proudly
sewing the people and ccrnrnunities of Ontario.
Part of the matidate of the Contract Policing Section is to develop, in cooperation With
detachments, regions and General Head waiters stakeholders, client-focused policing
proposals for municipalities and private cons,ortiums who have requested a coifing for
OPP contract policing services. This is donne upon the approval and direction of the
Ministry of the Conununity .Safety and Correctional Services pursuant to the PSA.
The OPP .Deployment Model is used by the OPP to effectively staff detachments by
calculating the number- of constables required to adequately and effectively respond. to
CF S. However, this is only one tool that the OPP utilizes in order to maintain integrity in
the staffing of detaclutents. The analysts also complete arz array of consultations with
stakeholders such as Police Service Boards, Municipal Councils, COraraunity Policing
groups as well as internal OPP stakeholders mentioned previously. It is only after these
comprehensive examination and consultative phases that the analyst prepares a costing
proposal for the municipality to review- Public safety is paramount and a Vi
consideration during all phases of the OPP .staffing process regardless of whether the
municipality is policed under section 5.1 or section. 10 of the PSA.
incidents included/Not Included in Deployment Model Calculations
Code Title
328 Aggravated Sexual ASS all It
330 Sexual Assault: with Weapon
332 Sexual Assault
333 Assault- Level 1
335 •ssauft with Weapon er CIIH - Level 2
Dili
Yes
Yes
Yes
Yes
Yes
33.6 Aat.r0410 4sSakt1t -.Leyel3
33) P.61044* c.,001.4 00.01Y. J-10:thi 1?...1
340 DischargeFireanns with t*eti-t Ws:
341 MMultt otipo
343 Ass.ults - Other Peace or Public Officer
345 Awaits - Other Yes
346 Squat Offences (Not Assaults) YOtF
330 A1-44g0D4 - Person under 14 'ice's
3,51 Abduction - Persortander16 Yili
312 ANtotiou - Contravene CuAr.odY Ordler Yes
333 Abatieilott - No Ctodv Order Yi7S
356 Rabb* - fireiirrns Yes
358 Robboo.-.Qtlior Offc.n.siye wepippns
360 011jheti.--Other1014#y Yi4
363. Vrtei-Threats to Person Ye's
371 Break andEnter -,-- Business Promises Yes
373 Break and Enter -; Residence Yes:
375 Break and Enter.- Other YeS
3S( Theft of Automobile Yes
338 Theft of Trucks Yes
390 1114 bfiviofeittyCles Yes
392 Theft orOnier Metal-Vehicles Yes
401 mat 5 0000 — Bityeles Yes
405 Thf(> $5000 - .FrOm Motor Vehicles Yos
407 Theft t..- S5000 - Shoplifiing Yes
409 Other Theas > S5;000 Yes
420 Theft < S5000 - Bicycles Yes
422 Thal < $5000 - From Motor Vehicles Yes
424 Theft< $5000 - Shoplifting Yes
426 Other Then 500Q and Qador Yes
437 Have Stolen Goods Yeo
448 Frauds - Cheques Yes
450 Frauds - Credit Cards Yes
451 Frauds - Welfare Yes
452 Frauds - Other Yes
463 P-rostitution - Bawdy House Yea
465 Protailution - Procuring Yeg
467 PrOZ1111141011. — Other Yes
478 Gaming - Betting House Yes
480 Gaming - Claming House Yes
482 Gaming and Bolting - Other yes
493 Oft. Weapons - Explosives Yes
495 OE Weapons - Prohibi led Weapons Yes
497 Off. Weapons - Restricted Weapons Ye3
499 Of Weapons - Other Yes
510 Other Criminal Code - Arson Yes
512 Other Criminal Code - Bail Violation Yes
514 Other Criminal Code - CounterffAting Currency Yes
316 Other Criminal Code - Disturb the Peace Yes
7
51 8 Other Criminal Code - Escape Cus Lody Yes
520 Other Criminal Code - Indecent Actg. Y es
522 Other Criminal Code - Kidnapping Y es
523 Other Cr Waal Code - Obscene Material Yes
524 Other Crintinal (Otle - l'abnieNligliis Yes
-25 Oilier -C401111101 Code - Child Pomo 0- 2
.,.. _ ., . V 1Y Yes
526 Other-CreininalCOde - ObArtiet Piktie or Peace Officer Yes
. , . . . ... .
3;-..$ other cntrail Code - Prisoner Vnfoquily at Large Yes
530'Otitcr Criminal Code - Trespass by at. Night Yes
531 MiSeltior(FrjppOty Parilage) over $5,000 Yes
534 Mischief (Ptnierty Damage) $5,000 and Under Yes
535 trintinat Harassment Yes
536 Other Cri`Mingt•Pocle Yes
533 44`.0t# P0440041 Yei
53.0 groin trafficking Yes
540 lietpiramppriatiOii Yak,
542 Cocaine Zos$001.01 Y'eis
543 Cocaine Traffieking
544 Canaille IniportaliOn Yes
547 Other Drfig1Pcissession Yes
548 Other Drug Trafficking Yes
550 Other Drug. importation Yes
553 cannabis (Marihuana) Posssion Yes
555 Cnnnttbis (Marihuana) Trafficking Yes
556 Cannabis (Ivlarihuma) Importation Yes
557 Cannabis (Marihuana) Cultivation Yes
558 Controlled Drugs Trafficking Yes
560 Restricted Drugs Possession Yes
561 Restricted Drugs Trafficking 'Yes
750 Fatal NIVC Yes
751 Fatal MVC - Impaired or over 80 Yes
752 PI WhIC Yes
753 Pt MVC - impaired or over 80 Irc
754 PD MVC Yds
755 I'D MVC - lea or over 80 Yes
756 Non Rep MVC Yes
757 ?Jon Rep NIVC - Impaired or over 80 Yes
859 Deatlaujury Invest. Yes
872 Demestic Investigation - Non C.C. Yes
873 False Alarm Yes
885 Enicrg-Cornpass Message Yes
924 MisslostiOverdue Persons Yes
926 Rescues Yes
302 Murder First Degree No
304 Murder Second Degree No
305 Manslaughter No
307 Infanticide No
309 Attempted Murder No
564 Federal Starnes - Bankruptcy Aet No
566 Federal Statues - Canada Shipping Act No
568 Federal Statues - Customs Act No
570 :Federal Statues - Exeise At No
57 Federal Statues - Jmniigrafiort Ad No
572 Federal Statues - Y CIA No
574 Other Federal Stamen No
580 Provincial Statues - Mcatal Health Act (M1-1A) No
585 ProNincial Siattses - 1 iquor Act No
587 Provincial :Stances — Securities Act No
589 Other Provincial Statues No
602 Municipal By-Laws (Ex. Traffic) No
731 TTCI Fatal Investigation; OPP No
732 TTCI P1 Investigation: OPP No
733 TTCI PD investigation: OPP No
734 TTC1 Fatal Investigation: Other Agency No
735 I C1 P1 Investigation: Other Agency No
736'I"1'C1 PD htvestig &tioo: Other Agency No
737 Reconstructiot }ist OPP No
73.1:1 cemstrcctionist Other Agency No
740 I yetiTh Testing Operator No
741 RIDE No
742 Impaired RIDE Na
743. Over 80 - RFDE No
744 Impoired Regular No
745- Over 80 - Regular No
746 12 Hour Supetisloit -- Alert Wanting, No
747 Rutitse Alert No
748 Ram Breathalyser No
758 OD not investigated at scene for CRC's No
76.0 Trakfc.l scort No
764 Abandoned Auto No
760. Traffic Control No
768 Non -MVC TR Invest. No
769 Commercial Vehicle Impoundment No
no Debris on Highway No
771 Pedestrian on Highway No
772 Vehicle Blocking Lane No
773 Assist Motorist No
799 Traffic Court, Non MVC No
800 Firearms Other Applic. Invest. No
801 Firearms License Applicant Investigation No
802 DARE No
804 Firearms License Refusal No
805 Firearms License Revocation No
806 Firearm FIP processes No
808. Photo L. Program No
809 CNC Comfit. And Social Service No
811 Foreign Visa Work Applic. Invest No
813 Process Security Guard/Priv. Invest, No
814 Process Prov. Gov. Employees Na
816 FOI Processing No
813 OPP Chorus No
820 Assist Other Non - Municipal Police Agency No
821 Assist. Gov. Agency No
830 Conveyance - Medical No
833 Conveyance -- Non - Medical No
850 DNA Data Bank - Satnpting No
851 DNA Data Ilank - Other Activity No
852 DNA - Warrant Sampling No
853 DNA -- Warrant Other Activity No
860 EM- Public Order No
861 Major Event Occurrence No
865 Suspicious Package No
866 Suspicious Vehicle No
867 Suspicious Person, No
870 Defibrillators 1%k)
a 75 !mecum Praniscii No
876 Iviarilutana Eradication No
877 CPTED No
897 Lost Properly No
S98 Found/ Recovery Property No
890 Iteetwered Istotor Velliek No
930 Complaint Invegtjgation- PutaliO No
911 Complaint InvegtiOlon - internal No
935 Com. Pot. -Plan Devaopinent No
06 Coot. Pol..- ContiultatiOn - on - Planning No
937 Com Po —Plan /wet:ride:4 No
938 Corn PoL - Plan Evaluation No
940 Cont. PoL -Plan Prosentations IN.To
941 PER urve No
975 Security Detail - Court No
976 Security Detail - VIP No
977 Segni* Detail- Pliligitter No
978 Securl*Detag -Psych. Fae. No
979 Securitt(Deta.il - PropOty No
980 Se-utity Deiall - )(CIA No
988 Non -Force Process No
9EC9 Fore* Process No
991 Plying Time No
992 aerie- .1ncidnt No
913 Multiple Crime-No Clear Hierarchy of Severity No
994 911 -l-lang Up No
995 Parking:Infractions No
3024 Suicidal Person No
3263 SOP, Sex Offender Registry No
9001 Media Relations No
Ministry of Community Safety
and Correctional Services
Public Safety Division
25 Grosvenor St.
121h Floor
Toronto ON M7A 2H3
Tel.: 416 314 -3000
Fax: 416 314 -4037
Date
Ministere de la SScurite communautaire
et des Services correctionnels
Division de la securite publique
25, rue Grosvenor
12e Stage
Toronto ON M7A 2H3
Tel.: 416 314 -3000
Talk.: 416 314 -4037
e Ontario
(Agreement Cover Letter— Municipalities with OPP costs)
«SalutationG» «First nameG» «Las# nameG»
«TitleG»
«Grantee»
«Addressl G»
«Address2G»
«CityG» ON «PostalG»
Dear «SalutationG» «Last_nameG»:
As you may recall, on October 31, 2008, the Ontario
of court security and prisoner transpi;� on costs from
and phased in by an equal amount ov °', n years, to
maturity in 2018.
Under the Court Security
Community Safety an .F
municipality's relati
as confirmed in the
Provincial Police co
submission, ._conta
329-691;0
1 arr O
$XX
cumulat ve
subject to the
rnment announced the upload
rfcipalities, beginning in 2012
a ' um of $125 million at
5ti
oner Trans!).
nal servic
total cou
curity Infor
ur behalf
.Program, the Ministry of
allocated, nding based on each
•
!'aecurity and prisoner transportation costs,
titan Survey which the Ontario
'For more information about this
ap %y, Contract Policing Manager, at (705)
ontario.ca.
sed to inform`
palendar yeas
ation of $
osed A
ave been granted $XXXXX for calendar year 2012,
$ XXXXX for calendar year 2014, for a total
XX over the first three years under the CSPT Program,
• ement being finalized.
u.
Prior to the expiry ok fh prst three -year Agreement, the ministry will revisit the funding -
mechanism by worki lg with affected stakeholders to gather additional data and analyze
the accuracy and currency of relative funding needs.
...12
«SalutationG» «First_nameG» «Last_nameG»
Page two
Please have the authorized signatory for the grantee sign the enclosed
Agreement, where noted, and return the two signed and witnessed copies along
with proof of your general liability insurance ($5 million), indemnifying the Ministry
of Community Safety and Correctional Services, as per Article 11 of the agreement, by
December 30, 2011, to:
Fionne Yip/Yoko Iwasaki
Community Safety Analysts �d tji;�;�il.
ment Section, Public Safety D. '`igion
Ministry of Community Safety and �rrectiono, rvices
Toronto ON M7A 2H3
25 Grosvenor Street, 12th Floor
i I�l' Et'.
mr
i
110111N,,,,
��I �1uu ..
Program Develop
A fully executed copy will be returned to you for
If you have any questions about the CSPT Pro
ur records.
'`�'` splea r upontact.
Fionne Yip / Yoko Iwasaki
Fionne.Yip @ontario.ca / YokobiWasakI(ontario.c'a:
(416) 314 -0206 / (416) 314- 30671 '
Jla Fklw�,'I'
Thank you for your participation in this v ,l able:p.nattiative.
Sincerely,
Osca
Manage ti;l
Public Saf-
Enclosure
Joanne Groch
Page 1 of 1
From: Susan Budden [SBudden @ocwa.com]
Sent: February-17 -12 10:06 AM
To: Rob Johnson; Mike Taylor; jreynaert @town.aylmer.on.ca; Rod Tapp;
' JFrancisco @southwestmiddlesex.ca'; Janneke Newitt; 'Kerry. McLeod @hmshost.com'; Joanne
Groch; Alex & Evelyn McNeil; Mouzas, Anthony; jcarter @eigin- county.on.ca
Cc: Dale LeBritton
Subject: Release of the Drummond Report on Public Service Reform
Attachments: Drummond_Report_Feb 15_OCWA.pdf
Good Morning,
The findings of economist Don Drummond's commission have been released in a report entitled
"Commission on the Reform of Ontario's Public Services ". The report is the outcome of a commission
assembled last year to help find ways to accelerate the return to a balanced budget for Ontario.
Please see the attached letter from OCWA's VP of Business Development regarding the report along
with a direct link to Chapter 13 of the report.
Should you have any questions regarding this please feel free to contact me.
Regards,
Susan Sudden
Account Manager
Ontario Clean Water Agency
1100 Dearness Drive, Unit 18
London, Ontario
N6E 1N9
Phone: (519) 6804310 x 7003
Cell: (519) 318 -3271
17/02/2012
f\ Ontario Clean Water Agency One Yonge Street, Suite 1700
Agency Ontarienne Des Faux Toronto, Ontario M5E 1E5
Tel: 416 314 3578
Fax: 416 314 3609
www.ocwa.com
Dear Client,
As you may already be aware, February 15th, 2012 marked the release of economist
Don Drummond's report entitled "Commission on the Reform of Ontario's Public
Services ". The report is the outcome of a commission assembled last year to help find
ways to accelerate the return to a balanced budget for Ontario.
The 540 page report outlines 362 recommendations, including references to full cost
pricing of water, funding of infrastructure, environmental assessments, approvals, and
the governance structure of the Ontario Clean Water Agency (OCWA). The full
recommendation on OCWA can be found
at http: / /www. fin .gov.on.ca /enlreformcommission /chapters /ch 13.html, recommendation
13 -6.
These are just recommendations at this stage and the report is one of several key
pieces of information the government will reference in making any long term decisions.
Rest assured that OCWA will continue to provide you with the quality and level of service
you have come to expect from us and as reflected in our contracts.
Should you have any questions or concerns, please feel free to contact either myself or
your Account Manager at your convenience.
Sincerely,
Nick Reid
VP, Business Development
Ontario Clean Water Agency
416- 314 -0068
nreid@ocwa.com