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July 19, 2012
MUNICIPALITY OF WEST ELGIN AGENDA COUNCIL MEETING JULY 19, 2012 COUNCIL CHAMBERS, WEST ELGIN MUNICIPAL BUILDING DISCLOSURE OF PECUNIARY INTEREST ADOPTION OF AGENDA MINUTES (Al — A23) *June 14, 2012 Council *June 28, 2012 Council *June 28, 2012 Public Meeting — Zoning Amendment (Roelofs/Gasparatto) BUSINESS ARISING FROM MINUTES • Arts & Cookery Bank request • Waterline extension policy DELEGATIONS 9:30 a.m. Public Meeting —Zoning Amendment (Bob Pearce Trucking (B1 & C1) Proposed Severance — Lot 19, Concession 4 (C2) 11:30 a.m. RES Canada — proposed wind turbines 1:30 p.m. Christene Scrimgeour- 2011 Audit 2:00 p.m. Tom Bowie — Hickory Grove Campers Association (132) July 19, 2012.............Page 2 PLANNING (C1-C3) 1.* Report re: Zoning Amendment - Lot 7, Concession 10 2.* Report re: Proposed severance — Lots 8 & 9, Concession 14 (Soos) 3.* Port Glasgow Secondary Plan — Project Timeline and Activities REPORTS (D1-D8) 1. ROADS 2. RECREATION a) *Monthly Report b) *Report re: Truck purchase 3. BUILDING a) *Monthly Report for May 4. WATER 5. BY-LAW ENFORCEMENT a) *Monthly Report 6. DRAINS 7. WEST ELGIN PRIMARY SYSTEM 8. ADMINISTRATION a) *WESA — Spring 2012 Monitoring Report b) Livestock kill — Mark Campbell c) *Report re: Water Billing Policies & Procedures d) *Water Arrears —write offs e) Municipal Performance Measurement Program — 2009 & 2010 July 19, 2012...... .......Page 3 ACCOUNTS CORRESPONDENCE (E1 — E25) COUNCIL CONSIDERATION RECOMMENDED: 1.* Town of East Gwillimbury— request to support #C2012-326 2.* Western Elgin Interactive Showcase — request for funding 3.* Municipality of Grey Highlands — request for support of a resolution requesting the Province reimbursement of legal fees; 4.* Municipality of Lambton Shores — request for support of a resolution regarding location of cellular towers 5.* Township of Woolwich -- request for support of a resolution requesting the Province establish a trust fund; 6.* St. Thomas — Elgin Ontario Works — Heritage House; 7* City of Toronto — correspondence to Assessment Review Board and their reply regarding Practices and Procedures; 8.* Muscular Dystrophy Canada —West Lorne Fire Department fundraising; 9.* Town of Minto — request for support of a resolution regarding the Source Water Protection Program; 10.* Skip & Betty Patterson — request to waive fees for use of West Elgin Recreation Centre for Vacation Bible School; 11.* Town of Ingersoll — request for support of a resolution regarding auto industry; 12.* Remi Begin — comment form — Port Glasgow Secondary Plan; 13.* Town of Tillsonburg — request to support a resolution regarding Business Tax Capping Reform; 14.* Toby Barrett — response to Norfolk County resolution; 15.* Minister of State — launch of new Community Infrastructure Improvement Fund; 16.* United Way Toronto — Late Payment Settlement Fund Annual Report; RECOMMENDED TO ACCEPT & FILE: 17. AMO - Watch File, June 14, 2012; - Policing Issues — Update to Members; - Watch File — June 21, 2012 - OMERS update - Watch File — June 28, 2012; - Highlights of June 2012 Board Meeting; - Submission to Ontario Distribution Sector Panel; July 19, 2012.............Page 4 - Watch File — July 5, 2012; - Community Infrastructure Investment Fund launched; - OMERS Board Decision on 2012 Change Proposals; - Watch File — July 12, 2012 18. Norfolk County — copy of correspondence to MPP Toby Barrett re: policing 19. Norfolk County — copy of correspondence to MPP Toby Barrett re: Southwestern Ontario Development Fund 20. Lower Thames Valley Conservation Authority -- minutes of May 17, 2012 21. Elgin County Land Division Committee — notice of deferral of application E40112 (Okolisan et al); 22. Elgin County Land Division Committee — notice of decision of application E49112 (Perovich); 23. Optimist Club of West Lorne —thank you for contribution to Car Show; 24. Ontario Property and Environmental Rights Alliance — Endangered Specifies Information Bulletin; 25. Lower Thames Valley Conservation Foundation — 2011 Annual Report BY-LAWS By-law No. 2012-52 Drain Maintenance By-law No. 2012-53 Drain Maintenance By-law No. 2012-54 Zone Amendment (Pearce) By-law No. 2012-55 Amend Employee Remuneration By-law MINUTES (171-172) *West Elgin Arena Board — May 8, 2012 *West Elgin Economic Development Committee — June 18, 2012 OTHER BUSINESS (G1-G2) 1. Council announcements 2. Closed session — if deemed necessary * Information enclosed July 19, 2012.............Page 5 CONFIRMING BY-LAW ADJOURNMENT NEXT MEETINGS: • July 24, 2012 Site Visit— Havens Lake Road, 3:00 p.m. • July 25, 2012 Retirement Open House for Mrs. Joanne Groch 1:30 p.m. to 4:00 p.m. • July 31, 2012 Tri County Management Committee, 7:00 p.m. • August 8, 2012 Public Workshops — Port Glasgow Secondary Plan International Club, 1:30 and 7:00 p.m. • August 9, 2012 Council to / MINUTES OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS JUNE 14, 2012 MEMBERS PRESENT: Mayor Bernie Wiehle, Deputy Mayor Mary Bodnar Councillors Norm Miller, Dug Aldred, Richard Leatham STAFF PRESENT: Joanne Groch Administrator/Treasurer Norma Bryant Clerk Paul Van Vaerenbergh Road Superintendent Mike Kalita Water Superintendent Jeff Slater Recreation Superintendent DECLARATION OF PECUNIARY INTEREST: None SUBJECT: ADOPTION OF AGENDA RES. NO, 1 Moved by Aldred Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin approves the agenda for June 14, 2012 as printed and circulated with the following addition: • Rodney Aldborough Agricultural Society • Letter from YWCA • Soccer Club request • Lawn Bowling request • Hiring of staff DISPOSITION: Carried SUBJECT: MINUTES RES. NO. 2 Moved by Leatham Seconded by Miller RESOLVED that the minutes of the meetings held on the following dates be adopted as printed and circulated: May 3, 2012 Special Council May 10, 2012 Council May 10, 2012 Committee of Adjustment—Chase Enterprises May 24, 2012 Council May 24, 2012 Public Meeting —Zoning Amendment (Roodzant Farms) May 30, 2012 Special Council May 30, 2012 Special Planning Meeting DISPOSITION: Carried A2 June 14112...Pg 2 of 12 SUBJECT: ROAD DEPARTMENT REPORT RES. NO. 3 Moved by Leatham Seconded by Aldred RESOLVED that the May 2012 Roads Report be received. DISPOSITION: Carried SUBJECT: COUNTY OF ELGIN—VEGETATION CONTROL AND ROADSIDE MAINTENANCE RES. NO. 4 Moved by Bodnar Seconded by Miller RESOLVED that the report from the County of Elgin re: vegetation control and roadside maintenance be received. DISPOSITION: Carried SUBJECT: PORT GLASGOW MARINA Councillor Leatham reported that the ramp on the west side has now been widened. The Yacht Club is now requesting that the lane be widened to allow traffic flow around trailers when using ramp. Council requested the Road and Recreation Superintendent to investigate and report back. SUBJECT: REPLACEMENT OF TRUCK RES. NO. 5 Moved by Aldred Seconded by Bodnar RESOLVED that Council authorize the Recreation Superintendent to tender for the replacement of the %ton pickup. DISPOSITION: Carried SUBJECT: RECREATION DEPARTMENT REPORT RES. NO. 6 Moved by Leatham Seconded by Miller RESOLVED that the Recreation Report dated June 14, 2012 be received. DISPOSITION: Carried SUBJECT: COUNTY WIDE EMERGENCY SUPPORT TRAILER RES. NO. 7 Moved by Miller Seconded by Leatham RESOLVED that the CEMC Report dated June 14, 2012 regarding County Wide Emergency Support Trailer be received; AND that Council support the purchase and stocking of an Emergency Support Trailer for Elgin County; AND further that Council agrees to budget$2,000.00 in the 2013 budget for West Elgin's portion of the purchase cost. DISPOSITION: Carried SUBJECT: RODNEY FIRE DEPARTMENT COMMAND CENTRE TRAILER RES. NO. 8 Moved by Aldred Seconded by Bodnar RESOLVED that the Fire Chiefs are hereby directed to bring back a report on the necessity of Command Centre Trailer. DISPOSITION: Carried R3 June 14/12...Pg 3 of 12 SUBJECT: SOCCER CLUB REQUEST RES. NO. 9 Moved by Miller Seconded by Aldred RESOLVED that the Recreation Superintendent is hereby directed to investigate the costs and options for netting on the fences behind the 3 soccer fields in West Lorne. DISPOSITION: Carried SUBJECT: LAWN BOWLING CLUB REQUEST RES. NO. 10 Moved by Leatham Seconded by Miller RESOLVED that the Recreation Superintendent is hereby directed to investigate the need/repair of the steps at the Lawn Bowling Club with options and costs. DISPOSITION: Carried SUBJECT: PORT GLASGOW TRAILER PARK RES. NO. 11 Moved by Leatham Seconded by Aldred RESOLVED that the Water Superintendent be directed to investigate an alternative to expanding the new septic bed with options/feasibility 1 costs. DISPOSITION: Carried SUBJECT: GRAHAM ROAD WATERLINE CONSTRUCTION RES. NO. 12 Moved by Leatham Seconded by Bodnar RESOLVED that during waterline construction on Graham Road south of Pioneer Line to Marsh Line some of the water meters for the residential 1 business customers have to be by-passed to provide temporary water services; AND that during this construction period water billings be based on the actual meter reads plus an estimated billing for the time period that the meters have been by-passed; AND the estimate be based on an average of bills for the previous two months of full month meter readings (e.g. June estimate be based on April and May). DISPOSITION: Carried SUBJECT: WATER DEPARTMENT REPORT RES. NO. 13 Moved by Miller Seconded by Aldred RESOLVED that the May 2012 Water Department Report be received. DISPOSITION: Carried SUBJECT: CLOSED SESSION RES. NO. 14 Moved by Bodnar Seconded by Aldred RESOLVED that the Council of the Municipality of West Elgin adjourn to a closed session to discuss personal matters about an identifiable individual (M.A. s.239 (2) (b) DISPOSITION: Carried �I f June 14112...Pg 4 of 12 RES. NO. 15 Moved by Miller Seconded by Leatham RESOLVED that the Council of the Municipality of West Elgin do now rise and report. DISPOSITION: Carried The Mayor reported a new water department employee has been hired. SUBJECT: BY-LAW ENFORCEMENT REPORT RES. NO. 16 Moved by Leatham Seconded by Miller RESOLVED that the By-law Enforcement Report dated June 14, 2012 be received. DISPOSITION: Carried SUBJECT: WEST LORNE WASTEWATER TREATMENT PLANT RES. NO. 17 Moved by Aldred Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin accepts the quotation of Ironbrook Partners in the amount of$2,892.00 plus shipping and taxes for replacement of UV boards and ballast for the West Lorne Wastewater Treatment Plant. DISPOSITION: Carried SUBJECT: RODNEY WASTEWATER TREATMENT PLANT Council received the following quotes for replacement parts for check value on RAS pump for the Rodney Wastewater Treatment Plant: QUOTE (plus taxes) CBS Equipment $3,040.66 Conval Equipment $2,127.00 RES. NO. 18 Moved by Miller Seconded by Leatham RESOLVED that the Council of the Municipality of West Elgin accepts the quotation of Conval Equipment in the amount of$2,127.00 plus taxes for replacement parts for check valve on RAS pump for the Rodney Wastewater Treatment Plant. DISPOSITION: Carried SUBJECT: WEST LORNE WASTEWATER TREATMENT PLANT Council received the following quotes for transmitter for the West Lorne Wastewater Treatment Plant: QUOTE (plus taxes) Flowmetrix Technical Service $2,857.28 Metcon Sales & Engineering $2,450.00 Measuremax $1,533.04 June 14/12...Pg 5 of 12 RES. NO. 19 Moved by Leatham Seconded by Miller RESOLVED that the Council of the Municipality of West Elgin accepts the quotation of Measuremax in the amount of$1,533.04 plus taxes for transmitter for West Lorne Wastewater Treatment Plant. DISPOSITION: Carried SUBJECT: SOURCE WATER PROTECTION RES. NO. 20 Moved by Bodnar Seconded by Aldred RESOLVED that the report from the Clerk re: Source Water Protection be received. DISPOSITION: Carried DELEGATION: JIM SIMPSON, MANAGER, PORT GLASGOW TRAILER PARK Councillor Aldred reported that he received a complaint that on the May 24'h weekend, a ratepayer was told they couldn't use the picnic pavilion as"this is our campsite for the weekend". Mr. Simpson reported that twice a summer this area is used for 5 camping sites. He did not hear any concerns. The picnic shelter can still be booked, square dancers don't use it. The hydro is only 15 amp.for lights only. Councillor Aldred suggested that the square dancers should book the picnic pavilion. RES. NO. 21 Moved by Miller Seconded by Leatham RESOLVED that the Council of the Municipality of West Elgin will hear the delegation from Wendi Dupuis. DISPOSITION: Carried Ms. Dupuis noted that the number of allowed sites is in the zoning by-law, is this being exceeded? The Mayor noted that this should be reviewed again in February. DELEGATION: WENDI DUPUIS, LAKEWOOD TRAILER ESTATES Ms. Dupuis reported that trucks have been driving through their farm and people climbing over the fence to gain access to the PGTP before the park is opened. Also, PGTP tenants have been cutting the grass on their property and planted gardens. She provided pictures of this. It was recommended that Mr. Simpson and Ms. Dupuis come back with a recommendation on how this matter should be dealt with. In the meantime, Mr. Simpson will talk with the campers along the fence line. A"No Trespassing"sign could be erected. SUBJECT: 2012 BUDGET Also in attendance: Pam Piccinato, Jess Cnockaert The Treasurer reviewed the municipal rate comparison. The rates decreased by 10.72% in 2011 and decreased by 1.29% in 2012. The total levy for West Elgin is an increase of 3.27% l 1 4 June 14/12...Pg 6 of 12 SUBJECT: COUNCIL CODE OF CONDUCT RES. NO. 22 Moved by Bodnar Seconded by Miller RESOLVED that the report from the Clerk re: Council Code of Conduct be received; AND that the Clerk be directed to prepare a Code of Conduct based on the County of Elgin policy; AND that the Management Committee be directed to review the workplace policies of the County of Elgin and report back to Council. DISPOSITION: Carried SUBJECT: PREPARATION OF A REQUEST FOR PROPOSAL FOR INSURANCE Council received the following quotes for the preparation of a Request for Proposal for insurance: QUOTE(plus taxes) Armour Riley $8,775.00(upset limit) David Rikley $7,600.00 RES. NO. 23 Moved by Miller Seconded by Leatham RESOLVED that the Council of the Municipality of West Elgin accepts the quotation of Dave Rikley in the amount of$7,600.00 plus taxes for RFP for insurance. DISPOSITION: Carried SUBJECT: CORRESPONDENCE 1. Durham Region--request for support of a resolution regarding proposed source protection plan report 2012-J-12 Instruction: See resolution below 2. Durham Region—request for support of a resolution regarding proposed source protection plan report 2012-J-13 Instruction: RES. NO. 24 Moved by Bodnar Seconded by Aldred RESOLVED that Council of the Municipality of West Elgin is in support of recommendations from Durham Region regarding proposed source water protection policies. DISPOSITION: Carried 3. Ministry of Agriculture, Food and Rural Affairs—response regarding proposed solar energy facility in the village Instruction: File 4. OPP—Ministry of Municipal Affairs & Housing (Performance Measurement Program) Instruction: File 5. Serbian Orthodox Church—request for support for outdoor festival August 5, 2012 Instruction: fi7 June 14/12...Pg 7 of 12 RES. NO. 25 Moved by Leatham Seconded by Miller RESOLVED that Council has no objections to the St. Ilijah Serbian Orthodox Church holding a celebration picnic including the serving of alcohol on August 5, 2012 at their church in Eagle 6. Royal Canadian Legion Branch 221 — request for support for a beer garden at Cactus, Cattle&Cowboys Instruction: RES. NO. 26 Moved by Aldred Seconded by Miller RESOLVED that the Council of the Municipality of West Elgin gives approval to the Legion Branch 221 to hold a "Beer Garden"in Miller Park on July 21'k, 2012 from 11:00 a.m. to 11:00 p.m. during the Cactus, Cattle and Cowboys Festival. DISPOSITION: Carried 7. Halton Region—Report—Universal Influenza Immunization Program Instruction: File & Port Glasgow Yacht Club—letter of accomplishments Instruction: File 9, Elgin County Land Division Committee- Notice of Application for Consent— Application No. E40112 (Okolisan) Instruction: RES. NO. 27 Moved by Aldred Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin have the following comments regarding Severance Application 40112 applied for by Kenneth and Bonnie Okolisan and John Steve Okolisan; In accordance with Section 6.2.7 of the Municipality of West Elgin Official Plan, Council supports application E40112: AND that the Elgin County Land Division Committee be advised that the lots be registered in accordance with the information provided by the applicant's solicitor. DISPOSITION: Carried 10. Elgin County Land Division Committee—Notice of Application for Consent— Application No. E49/12- (Perovich) Instruction: RES. NO. 28 Moved by Miller Seconded by Leatham RESOLVED that the Council of the Municipality of West Elgin have the following comments regarding Severance Application 49112 applied for by Alexander Perovich. In accordance with Section 6.2.9 (surplus farm dwellings)of the Municipality of West Elgin Official Plan, Council supports application E49/12 subject to the following conditions: 1. Subject to rezoning. 2. Subject to apportionment of Municipal Drainage assessments 3. Subject to drainage outlet&drainage agreement, if required 4, Subject to requirements of the Municipal Road Department regarding access and/or drainage. A ff June 14/12...Pg 8 of 12 RES. NO. 28 cont'd 5. Subject to no further residential development on the retained agricultural portion. 6. Subject to water and/or sewer connection fees, if applicable 7. That the owner has the necessary review and assessment conducted on the existing sewage disposal system to confirm its adequacy and/or necessary replacement. 8. Two copies of the registered reference plan, together with a copy of the said plan showing the locations and dimensions of all buildings and structures, are submitted to the satisfaction of the municipality 9. Taxes to be paid in full AND FURTHER to ensure that the surplus dwelling provisions are being met and the severed lands are being sold to a bonafide farmer, the Elgin County Land Division Committee be requested to include the following condition to which the LDC would certify is satisfied; • That the lands being conveyed be transferred in title to Larch Farms Ltd. DISPOSITION: Carried 11 Amy Ingratta—request to be exempt from sewage costs re; grass planting Instruction: Council did not agree with request, Clerk to advise Ms. Ingratta 12. Canadian Association of Community Television Users&Stations—request for public in put regarding free over-the-air service in the future Instruction: Mayor will investigate this further and report back to Council 13. Municipality of Clarington - correspondence from Ministry of Environment regarding soil management Instruction: File 14 Municipality of Huron East—request for support of a resolution prohibiting solar ground mounted projects on prime agricultural lands Instruction: RES. NO. 29 Moved by Leatham Seconded by Bodnar RESOLVED that Council of the Municipality of West Elgin is in support of a resolution put forth by the Municipality of Huron East regarding the impact of industrial wind turbines on prime agricultural lands. DISPOSITION: Carried 15. Township of West Lincoln—request for support of a resolution to not support any future industrial wind turbine applications Instruction: RES. NO. 30 Moved by Miller Seconded by Aldred RESOLVED that Council of the Municipality of West Elgin is in support of a resolution put forth by the Township of West Lincoln to amend recommendation 4.1 of the Feed-in Tariff Program—Two-Year Review Report. DISPOSITION: Carried 16. Ministry of the Environment— New Accreditation Bodies under the Municipal Drinking Water Licensing Program Instruction: File June 14112...Pg 9 of 12 17. AMO • Watch File— May 10, 2012 • Watch File—May 17, 2012 • Watch File—May 24, 2012 • Watch File—May 31, 2012 • Watch File—June 7, 2012 Instruction: File 18. FCHS--request for pledge contribution Instruction: File 19. Elgin Group Police Services Board—Minutes of January 18, 2012 Instruction: File 20. Elgin Group Police Services Board—Minutes of March 21, 2012 Instruction: File 21. Ministry of Citizenship and Immigration—Ontario Medal for Good Citizenship Instruction: File 22. Independent Electricity System Operator—2011 Annual Report Instruction: File 23. Elgin County—Conference Series—E-Marketing Instruction: File 24. Middlesex Hospital Alliance—June 15'—Media Release Instruction: File 25. Elgin County—Notice of Decision—Application No. E-30112 (Quintyn) Instruction: File 26. Thames Talbot Land Trust—June, 2012 Newsletter Instruction: File 27. Elgin Federation of Agriculture—June, 2012 Newsletter Instruction: File 28. YWCA—Information Session—Women's Economic Security Instruction: The Mayor will attend. RES. NO. 31 Moved by Bodnar Seconded by Aldred RESOLVED that the correspondence be dealt with as per the instructions of Council as noted. DISPOSITION: Carried SUBJECT: ACCOUNTS RES. NO. 32 Moved by Bodnar Seconded by Leatham RESOLVED that the Mayor and AdministratorlTreasurer are hereby authorized to sign Payment Voucher#6 amounting to $862,030.70 in settlement of General, Road,Water and Arena Accounts (including cheques: #11343-11616). DISPOSITION: Carried A ID June 14/12...Pg 10 of 12 SUBJECT: BY-LAW NO. 2012-40—2012 TAX RATES RES. NO. 33 Moved by Bodnar Seconded by Leatham RESOLVED that the mover be granted leave to introduce a By-Law to set the 2012 transition ratios and to levy taxes for the year 2012 and to establish special area charges for garbage collection and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 34 Moved by Miller Seconded by Aldred RESOLVED that a By-law to set the 2012 transition ratios and to levy taxes for the year 2012 and to establish special area charges for garbage collection be now read a third time and finally passed, signed, sealed and numbered By-law Number 2012-40—2012 Tax Rates DISPOSITION: Carried SUBJECT: BY-LAW NO, 2012-41 —APPOINT ADMINISTRATOR/TREASURER RES. NO. 35 Moved by Miller Seconded by Leatham RESOLVED that the mover be granted leave to introduce a By-Law to appoint an AdministratortTreasurer and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 36 Moved by Aldred Seconded by Bodnar RESOLVED that a By-law to appoint an Administrator/Treasurer be now read a third time and finally passed, signed, sealed and numbered By-law Number 2012-43—Appoint Administrator/Treasurer DISPOSITION: Carried SUBJECT: MANULIFE BENEFITS RES. NO. 37 Moved by Leatham Seconded by Miller RESOLVED that Council authorize the waiving of the six month waiting period for Manulife Benefits for the new Administrator/Treasurer. DISPOSITION: Carried SUBJECT: BY-LAW NO. 2012-44—AMEND EMPLOYEE REMUNERATION BY-LAW RES. NO, 38 Moved by Leatham Seconded by Miller RESOLVED that the mover be granted leave to introduce a By-Law to amend By-law 2012-02—Employee Remuneration By-law and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 39 Moved by Bodnar Seconded by Leatham RESOLVED that a By-law to amend By-law 2012-02—Employee Remuneration By-law be now read a third time and finally passed, signed, sealed and numbered By-law Number 2012-44—Amend Employee Remuneration DISPOSITION: Carried June 14112...Pg 11 of 12 SUBJECT: MINUTES RES. NO. 40 Moved by Aldred Seconded by Bodnar RESOLVED that the minutes of the following committee meetings be received: West Elgin Arena Board—April 10, 2012 West Elgin Recreation Committee—April 17, 2012 DISPOSITION: Carried SUBJECT: COUNCIL„ANNOUNCEMENTS The Deputy Mayor reported that there are 4 new directors on Community Health Centre board, David James is Chair. Councillor Aldred reported that George Arvai will be representing West Lorne Fire Department at an international skills competition. He has been attending ARC meetings, next discussion will focus on what to do during construction. Councillor Leatham reported that the fire departments have been advised not to fight fire relating to solar panels and the panels can't be turned off. The Mayor reported that signs will be placed at both ends of Rodney when the car show is on, noting that the stores are open, directing traffic and where parking is available. The County raised $37,000 for United Way from the County Golf Tournament. SUBJECT: CLOSED SESSION RES. NO. 41 Moved by Miller Seconded by Leatham RESOLVED that the Council of the Municipality of West Elgin adjourn to a closed session to discuss personal matters about an identifiable individual (M.A. s.239 (2) (b) DISPOSITION: Carried RES. NO,42 Moved by Aldred Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin do now rise and report. DISPOSITION: Carried The Mayor reported that the matter brought forward was not considered a closed session item. SUBJECT: CONDUCT Councillor Miller had requested a closed session to discuss what happened at the public meeting on May 30th. Councillor Leatham noted that the Mayor should have informed council that afternoon on how the meeting was going to be conducted. The Mayor noted that the meeting was advertised to get public input, Council was there to listen. Issues are divisive; it is important that Council be seen as being neutral and objective. Decisions are made here. Future meetings can be a different format. Councillor Aldred feels that their opinions aren't important; the Mayor disagreed with that statement. iq /C�_ June 14/12...Pg 12 of 12 Councillor Miller asked that"procedure for public meetings" be added to the next agenda. SUBJECT: CONFIRMATION BY-LAW RES. NO. 43 Moved by Aldred Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-Law to confirm the proceedings of the meeting held on June 14th, 2012 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 44 Moved by Bodnar Seconded by Aldred RESOLVED that a By-law to confirm the proceedings of the meeting held on June 14th, 2012 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2012-45 —Confirming By-law June 142012 DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 45 Moved by Aldred Seconded by Bodnar RESOLVED that this Regular Meeting of Council shall adjourn at 4:25 p.m. to meet again on June 28th, 2012, DISPOSITION: Carried These minutes were adopted on the 19th day of July, 2012. Mayor Clerk MINUTES OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS JUNE 28,2012 MEMBERS PRESENT: Mayor Bernie Wiehle, Deputy Mayor Mary Bodnar Councillors: Norm Miller, Dug Aldred, Richard Leatham STAFF PRESENT: Joanne Groch Administrator/Treasurer Norma Bryant Clerk Paul Van Vaerenbergh Road Superintendent Jeff Slater Recreation Superintendent Rodney Fire Chief ALSO IN ATTENDANCE Ted Halwa Planning Consultant Gary Blazak Planning Consultant DECLARATION OF PECUNIARY INTEREST: None SUBJECT: ADOPTION OF AGENDA RES. NO. 1 Moved by Bodnar Seconded by Leatham RESOLVED that the Council of the Municipality of West Elgin approves the agenda for June 28, 2012 as printed and circulated with the following additions: • Closed Session—potential litigation • By-law No. 2012-50—Pongracz Drain (15t and 2"d reading) • Correspondence from Rodney Aldborough Agricultural Society • Correspondence from County of Elgin to Malahide Township re: 2012 budget DISPOSITION: Carried Council recessed to hold a public meeting for a zoning amendment (Roelofs/Gasparatto) and resumed their meeting thereafter. SUBJECT: AMENDMENT TO ZONING BY-LAW-- ROELOFS 1 GASPARATTO RES, NO, 2 Moved by Bodnar Seconded by Aldred RESOLVED that the report from Community Planners re: Amendment to Zoning By-law—Lot A, Concession 3 (RoelofslGasparatto) be received. DISPOSITION: Carried Iq///- June 28112...Pg 2 of 9 SUBJECT: PROPOSED SEVERANCE—LOT B, CONCESSION 10 (VAN RAES) RES. NO. 3 Moved by Miller Seconded by Leatham RESOLVED that the report from Community Planners re: Proposed Severance—Norma Van Raes (August Sacher, agent) be received. DISPOSITION: Carried SUBJECT: PROPOSED SEVERANCE—LOT 14,CONCESSION 12 (DEWIT! SCHAEKEN) Also in attendance: Leo de Wit, Anneke Schaeken RES. NO. 4 Moved by Leatham Seconded by Miller RESOLVED that the report from Community Planners re: Proposed Severance—Leo DeWit and Anneke Schaeken be received. DISPOSITION: Carried SUBJECT: PROPOSED SEVERANCE—LOT B, GORE CONCESSION (BOEKHORST) Also in attendance: Henk Boekhorst Council reviewed correspondence from Johnston Bros. regarding gravel deposits on the subject lands. RES. NO, 5 Moved by Miller Seconded by Leatham RESOLVED that Council supports the proposed severance application submitted by Henk Boekhorst. DISPOSITION: Carried SUBJECT: SEVERANCE APPLICATION—WALTER BIANCO RES. NO. 6 Moved by Miller Seconded by Aldred RESOLVED that the report from Community Planners re: Application for Consent E65111 —Walter Bianco be received; AND that the Council authorize a cash payment in the amount of$4,972 from Walter Bianco in lieu of providing a land dedication for park purposes; AND that the Clerk and Planner be directed to prepare a draft policy for calculating cash-in-lieu payment for parkland dedications on a fair and consistent basis for consideration by Council. DISPOSITION: Carried SUBJECT: PORT GLASGOW SECONDARY PLAN The Planner noted that from the correspondence received we can gauge what the public's preference and anxieties are. Common threads include: • Discomfort with commercial along Havens Lake Road • Lack of support for Seaside's proposal for commercial centre—will be discussed as part of the workshop session • Amount of commercial being proposed by Seaside • Views and natural areas are important • Integrated system of walkways, pathways, trails June 28/12...Pg 3 of 9 The next ste?is the public workshop to discuss Havens Lake Road which is scheduled for August 81 at the Elgin International Club. There will be an afternoon and evening session. After that workshop, a report will be submitted to Council on the findings and a second public meeting scheduled. RES. NO. 7 Moved by Bodnar Seconded by Aldred RESOLVED that correspondence regarding the Port Glasgow Secondary Plan from the following be received: Walter Babin Norma Schnekenburger Irene Puddester Alexander Tokarewicz Don Maria &Lee McCallum Roberta Reardon Geoff Axford William &Marjorie Prieksaitis Ruth Boos Christine Black Bruce Chamberlain Danielle Fields Jay McGuffin, Monteith Brown (planner for Port Glasgow Yacht Club) Yvonne Brooks Shawn Bartlett Bob Carey Bonnie Roest Scott Boom Bill Roest Serge Lebedz Debbie Vanceeder Dylan Vanceeder Matthew Vanceeder Wayne Reinhart Christine Barrie-Miller Wayne Fields Pamela Piccinato Glenn Small Larry Blain Alphonse Denomme Ruth Denomme Wayne Denomme Henrietta Coole Audrey Miller Robert Miller George Okolisan Stan Caveney Barb& Bob Carey Keith Kelly Barb & Bob Carey Rae Axford Jesper Andersen Rick Crandall Bob Carey DISPOSITION: Carried 1q/6 June 28/12...Pg 4 of 9 SUBJECT: PROCEDURES AT PUBLIC MEETINGS Councillor Miller requested that the Mayor advise Council of the procedures to be followed before public meetings. SUBJECT: WEST ELGIN COMMUNITY COMPLEX RES. NO. 8 Moved by Leatham Seconded by Miller RSOLVED that Council authorize the West Lorne Horticultural Society to remove rocks and re-landscape at West Lorne Community Complex. DISPOSITION; Carried Mr. Halwa and Mr. Blazak left the meeting SUBJECT: CORRESPONDENCE: 1. Fisheries and Oceans re: Eastern Sand Darter Instruction: File 2. Ministry of Municipal Affairs and Housing re: need for environmental impact studies for consent applications. Instruction: File 3. Rodney Aldborough Agricultural Society re: Instruction: RES. NO. 9 Moved by Bodnar Seconded by Aldred RESOLVED that the Council of the Municipality of West Elgin gives approval to the Rodney Aldborough Agricultural Fair to hold a"Beer Garden"in a fenced off area in the front of the grandstand on the track on Augustl7th, 2012 from 7:00 p.m.to 12:00 a.m. DISPOSITION: Carried 4. County of Elgin—correspondence to Malahide Township re: 2012 budget Instruction: File RES. NO. 10 Moved by Leatham Seconded by Miller RESOLVED that the correspondence be dealt with as per the instructions of Council as noted. DISPOSITION: Carried The Road Superintendent and Recreation Superintendent joined the meeting SUBJECT: EAGLE COMMUNITY CENTRE PARKING LOT RES. NO. 11 Moved by Leatham Seconded by Miller RESOLVED that the report from the Roads Superintendent re: Eagle Community Centre parking lot be received. DISPOSITION: Carried 417 June 28/12...Pg 5 of 9 SUBJECT: PORT GLASGOW MARINA RES. NO. 12 Moved by Miller Seconded by Leatham RESOLVED that the report from the Roads Superintendent re: construction of a lane at the Port Glasgow Marina be received; AND that Council authorize a proper lane be constructed at the expense of the municipality. DISPOSITION: Carried SUBJECT. WEST LORNE LAWN BOWLING CLUB RES. NO. 13 Moved by Leatham Seconded by Miller RESOLVED that Council direct the Recreation Superintendent to get quotes for a ramp at the rear of the Lawn Bowling Club. DISPOSITION: Carried SUBJECT: RODNEY FIRE DEPARTMENT BUDGET RES. NO. 14 Moved by Leatham Seconded by Miller RESOLVED that the report from the Rodney Fire Chief be received; AND that Council authorize the transfer of funds in the 2012 budget as outlined. DISPOSITION: Carried The Recreation Superintendent left the meeting. SUBJECT: CLOSED SESSION RES. NO. 15 Moved by Aldred Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin adjourn to a closed session to discuss litigation or potential litigation (M.A. s. 239(2)(e). DISPOSITION: Carried RES. NO. 16 Moved by Aldred Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin do now rise and report. DISPOSITION: Carried The Mayor reported that direction had been given to the Road Superintendent to get a survey completed on a particular property. The Road Superintendent left the meeting. DELEGATION: ARTS & COOKERY BANK Also in attendance: Grace McGartiand, Shawn & Deanne Dowling, Kelsey Kiss, Linda Verbugghe, Bill Denning Ms. McGartland and Mr. Denning presented a Business Case for the Arts & Cookery Bank. They are requesting a 3-year partnership with the municipality in the amount of $25,000 per year. Their goal is to continue providing 60% of their programs including A /r June 28112...P9 6 of 9 visual and cultural arts programs for no fee. Projected revenue and facility use from 2012 to 2014 were highlighted. SUBJECT: CONSIDERATION MEETING—PONGRACZ DRAIN Also in attendance: John M. Spriet, P.Eng, Harry Vergeer, Jerry Schnekenburger. RES. NO. 17 Moved by Aldred Seconded by Bodnar RESOLVED that Council consider the Engineer's Report on the Pongracz Drain. DISPOSITION: Carried The Clerk reported that correspondence has been received from the Lower Thames Valley Conservation Authority outlining mitigation measures to be taken. Mr. Spriet gave an overview of the proposed drain construction. Mr. Verger asked about the mapping. Mr. Spriet reported that the watershed mapping has been revised from the original report. Further, even though an area is tiled, the surface drainage comes to the drain. RES. NO. 18 Moved by Leatham Seconded by Miller RESOLVED that the Engineer's Report for the Pongracz Drain be accepted and the Clerk is instructed to draw up the necessary by-law. DISPOSITION: Carried SUBJECT: EMERGENCY INTAKE AGREEMENT RES. NO. 19 Moved by Miller Seconded by Bodnar RESOLVED that the report from the Administrator/Treasurer re: Emergency Intake engineering agreement be received; AND that the necessary by-law be brought forward. DISPOSITION: Carried SUBJECT: PORTABLE TOILETS AT CROSSROADS COUNTRY MARKET AND GAS BAR RES, NO. 20 Moved by Bodnar Seconded by Aldred RESOLVED that Council continue the policy for the portable toilet with a hand wash station at the Crossroads Country Market and Gas Bar for a one year period. DISPOSITION: Carried SUBJECT: NEW ACCREDITATION BODY FOR DWQMS RES. NO. 21 Moved by Leatham Seconded by Miller RESOLVED that the Council of the Municipality of West Elgin accepts the quotation of QMI-SAI Global in the amount of$4,450.00 plus taxes for 3- year DWQMS accreditation. AND further that the Clerk is authorized to sign the transfer of accreditation to QMI-SAI Global. DISPOSITION: Carried June 28/12...Pg 7 of 9 SUBJECT: FESS FOR CONSULTANT—ADMINISTRATOR/TREASURER SEARCH RES. N0. 22 Moved by Leatham Seconded by Miller RESOLVED that Council authorize an additional amount of$117.33 plus taxes for the Administrator/Treasurer search (Carol Ellis). DISPOSITION: Carried SUBJECT: AGREEMENT PERMITTING A SECOND DWELLING RES. NO. 23 Moved by Aldred Seconded by Bodnar RESOLVED that the report from the Clerk re: Agreement permitting a second residential dwelling be accepted. DISPOSITION: Carried SUBJECT: WATERLINE EXTENSION POLICY Council reviewed the report from the Administrator/Treasurer and agreed that further review is necessary. RES. NO. 24 Moved by Leatham Seconded by Miller RESOLVED that the report from the Clerk re: Agreement permitting a second residential dwelling be received. DISPOSITION: Carried SUBJECT: BY-LAW NO. 2012-46—AMEND EMPLOYEE REMUNERATION BY-LAW RES. NO. 25 Moved by Bodnar Seconded by Aldred RESOLVED that the mover be granted leave to introduce a By-Law to amend By-law 2012-02—Employee Remuneration By-law and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 26 Moved by Aldred Seconded by Bodnar RESOLVED that a By-law to amend By-law 2012-02—Employee Remuneration By-law be now read a third time and finally passed, signed, sealed and numbered By-law Number 2012-46—Amend Employee Remuneration By-law DISPOSITION: Carried SUBJECT: BY-LAW NO. 2012-47—AGREEMENT WITH STANTEC CONSULTING RE: EMERGENCY INTAKE RES. NO. 27 Moved by Leatham Seconded by Miller RESOLVED that the mover be granted leave to introduce a By-Law to authorize the execution of an agreement between the Municipality of West Elgin and Stantec Consulting Ltd. and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried ROF0 June 28112...Pg 8 of 9 RES. NO. 28 Moved by Miller Seconded by Bodnar RESOLVED that a By-law to authorize the execution of an agreement between the Municipality of West Elgin and Stantec Consulting Ltd. be now read a third time and finally passed, signed, sealed and numbered By-law Number 2012-47—Agreement - Stantec DISPOSITION: Carried SUBJECT: BY-LAW NO. 2012-48—ADOPT CODE OF CONDUCT POLICY RES. NO. 29 Moved by Leatham Seconded by Miller RESOLVED that the mover be granted leave to introduce a By-Law to adopt a policy for Council Code of Conduct and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 30 Moved by Aldred Seconded by Leatham RESOLVED that a By-law to adopt a policy for Council Code of Conduct be now read a third time and finally passed, signed, sealed and numbered By-law Number 2012-48—Council Code of Conduct DISPOSITION: Carried SUBJECT: BY-LAW NO. 2012-49—ZONING AMENDMENT (ROELOFSIGASPARATTO) RES. NO. 31 Moved by Aldred Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-law to amend Township of Aldborough Zoning By-law No. 90-50, to change the zoning of lands in Part of Lot A, Concession 3, from the Extractive Industrial (M3)Zone to the Agricultural (Al)Zone and that this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 32 Moved by Bodnar Seconded by Aldred RESOLVED that a by-law to amend The Township of Aldborough Zoning By-law No. 90-50 to change the zoning of lands in Part of Lot A, Concession 3,from the Extractive Industrial (M3)Zone to Agricultural (Al) Zone shall now be read a third time and finally passed, signed, sealed and numbered By-law Number 2012-49—Zone Amendment — RoelofslGasparatto DISPOSITION: Carried SUBJECT: BY-LAW NO. 2012-50—PONGRACZ DRAIN RES. NO. 33 Moved by Miller Seconded by Leatham RESOLVED that the mover be granted leave to introduce a By-Law to provide for a drainage works in the Municipality of West Elgin, in the County of Elgin to be called and known as the Pongracz Drain and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried Councillor Miller left the meeting. June 28/12...Pg 9 of 9 SUBJECT: CLOSED SESSION RES. NO. 34 Moved by Leatham Seconded by Aldred RESOLVED that the Council of the Municipality of West Elgin adjourn to a closed session to discuss litigation or potential litigation (M.A. s. 239(2)(e). DISPOSITION: Carried RES. NO. 35 Moved by Bodnar Seconded by Aldred RESOLVED that the Council of the Municipality of West Elgin do now rise and report. DISPOSITION: Carried The Mayor reported that direction had been given to our solicitor to respond to correspondence received. SUBJECT: CONFIRMATION BY-LAW RES. NO. 36 Moved by Aldred Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-Law to confirm the proceedings of the meeting of Council held on June 281h, 2012 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 37 Moved by Bodnar Seconded by Aldred RESOLVED that a By-law to confirm the proceedings of the meeting of Council held on June 28th, 2012 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2012-51 — Confirming By-law June 28 2012 DISPOSITION: Carried SUBJECT: ADJOURNMENT RES. NO. 38 Moved by Leatham Seconded by Bodnar RESOLVED that this Regular Meeting of Council shall adjourn at 4:25 p.m. to meet again on July 19 , 2012. DISPOSITION: Carried These minutes were adopted on the 19'x'day of July, 2012. MAYOR CLERK MINUTES OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN PUBLIC MEETING WEST ELGIN COUNCIL CHAMBERS JUNE 28, 2012 MEMBERS PRESENT: Mayor Bernie Wiehle, Deputy Mayor Mary Bodnar Councillors: Norm Miller, Dug Aldred, Richard Leatham STAFF PRESENT: Joanne Groch Administrator/Treasurer Norma Bryant Cleric ALSO IN ATTENDANCE: Ted Halwa Planning Consultant SUBJECT: REZONING—PART LOT A, CONCESSION 3 DONNA ROELOFS &MARK GASPARATTO Also in attendance: Donna Roelofs, Wayne Ashton, Larry Miller The Mayor called the meeting to order at 9:30 a.m. The Clerk informed those present that notice of this meeting had been given under Section 34(12)of the Planning Act first class mail to all assessed owners within 150 metres of the subject property as well as provincial agencies and ministries as prescribed by regulation. Correspondence was received from the Lower Thames Valley Conservation Authority which indicated no objection. The proposed amendment would change the zoning of the lands lying on the south side of Johnston Line (County Road No. 6) and south east of the Hamlet of Clachan, being part of Lot A. Concession Ill, from the Extractive Industrial (M3) Zone to the Agricultural (Al) Zone to permit their size and use for agricultural purposes. The amendment would also fulfill a condition imposed by the County of Elgin Land Division Committee in granting Application for Consent E9112 for the purpose of splitting a large agricultural parcel into two smaller parcels, both of which would continue to be used for agricultural purposes. The lands proposed to be rezoned Agricultural (Al) comprise two separate parcels. The southernmost lot has an area of 44.5 hectares (110 ac), a frontage of 619.6 metres (2,033 ft) on McLean Line and a flankage of 623.7 metres (2,046 ft) on Clachan Road. The parcel is devoid of buildings and structures. The lands have been cleared for agricultural purposes, with the exception of pockets of woodlands, and are crossed by Government Drain No. 2. The northernmost lot has an area of 32.4 hectares (80 ac) and a frontage of 410 metres (1,345 ft) on Clachan Road and 568.6 metres (1,865 ft) on Johnston Line (County Road No. 6). The parcel is occupied by a single unit dwelling (20137 Johnston Line), a bank barn and large areas of open water resulting from previous use of the lands as a gravel pit, formerly known as the "Colquhoun Pit". The lands have been exhausted of their aggregate resources and the pit license surrendered. Both lots would satisfy the minimum lot area and lot frontage requirements (19 ha and 150 m respectively) of the Al zone. Aa,3 June 28112 ...Pg 2 of 2 The subject lands are designated `Aggregate Resources' in the Municipality of West Elgin Official Plan. Mr. Miller expresses a complaint that the surveyor had encroached on his property. He requested a permanent fence be erected around the area that was extracted. The Planner noted that fencing is not required when rezoning to agriculture, this is between the two property owners. Mr.Ashton requested that a condition be added to the rezoning that no intensive livestock operation be permitted. There are two existing hog operations across Clachan Road and he doesn't want a third one. The Planner noted that any new livestock buildings would have to conform to the minimum distance standards(MDS). Councillor Aldred noted that the two existing barns were built before MDS. Mr. Ashton also commented that the small parcel should never have been rezoned to agriculture. SUBJECT: ADJOURNMENT RES. NO. 1 Moved by Leatham Seconded by Miller RESOLVED that the public meeting for Lot A, Concession 3 (Roelofs/Gasparatto) be adjourned. DISPOSITION: Carried These minutes were adopted on this 19`x'day of July, 2012. MAYOR CLERK MUNICIPALITY OF WEST ELGIN NOTICE OF PUBLIC MEETING ZONING BY-LAW AMENDMENT Bob Pearce & Christine Wood 10996 Furnival Road DATE &TIME: 9:30 a.m. Thursday, July 19`h, 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 to permit a commercial use (trucking business)on lands which are not zoned for such purposes. The proposed amendment would change the zoning of lands situated on the east side of Furnival Road (County Road No. 103) south of Marsh tine, being part of Lot 7, Concession X, from the Agricultural (Al)Zone to a 'site- specific' Agricultural (A14)Zone. The lands proposed to be zoned A14, as shown on the key map, have an area of 2.0 hectares (5.0 acres), a frontage of 188 metres (616 ft) and a depth of 108 metres (355 ft). The parcel is occupied by a single unit dwelling, tool shed, storage shed, pumphouse, shop and a paved parking area for a truck haulage business known as Bob Pearce Trucking. The owners are seeking permission to continue using the lands as the base of operations (including servicing) for the business which has been in existence since 2007 when the current owners acquired the lands, starting with four trucks and since expanding to ten trucks and 14 employees. The business is engaged in the trucking of locally-grown greenhouse produce. Under the existing Agricultural (Al) zoning which applies, permitted uses include an agricultural use, forestry use, riding stable, single unit dwelling and a home occupation. Commercial uses are not permitted. The proposed 'site- specific' Agricultural Zone would permit a 'truck terminal' as an additional permitted use. Consideration may be given to restricting the number of trucks stored or kept on the lands at any given time, and a site plan agreement may be entered into with the Municipality outlining the owner's obligations with respect to such matters as outside storage, on-site parking, landscaping, signage and lighting. The subject lands are designated `Agricultural' in the Municipality of West Elgin Official Plan. Agriculturally- related commercial and industrial uses which are directly related to serving the needs of the farm community and are required to be, or benefit by being, in close proximity to farming operations are permitted in accordance with Section 6.2.3 of the Plan ANY PERSON may attend the public meeting and/or make a written or verbal representation either in support of, or in opposition to, the proposed amendment. IF A PERSON OR PUBLIC BODY that files an appeal of a decision of the Council of the Corporation of the Municipality of West Elgin in respect of the proposed zoning by-law does not make oral submissions at a public meeting or make written submissions to the Council of the Corporation of the Municipality of West Elgin before the proposed zoning by-law is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. ADDITIONAL INFORMATION relating to the proposed amendment is available between 9:00 a.m. and 4:00 p.m. at the Municipal Office or from the Municipal Planner, Mr. Ted Halwa, at(519)963-1028(London, Ontario). THE information and material required under Sections 34(10.1) and 34(10.2) of the Planning have been provided and this shall serve as sufficient notice of same under Section 34(10.4)of the Act. DATED AT RODNEY this �day of June, 2012. Municipality of West Elgin Norma Bryant 14 22413 Hoskins Line Clerk P.O. Box 490 Rodney, Ontario NOL 2CO Telephone: (519) 785-0560 Fax: (519) 785-0644 Email: nbryant @westelgin.net APPLICATION FOR A ZONING BY-LAW AMENDMENT: P512012 Robert Pearce and Darlene Wood Municipality of 10996 Furnival Road Part of Lot 7, Concession X (Aldborough) WEST ELGIN Municipality of West Elgin Municipality,of Southwest Middlesex BF ZONING BEATTIE LINE Al AGRICULTURAL MARSIirIeINE FLEMING LINE:. GIBB E� DWELLING cn TOOL SHED tr 0 � D STORAGE SHED Clachan JOHNSTON LINE RR 6 MCLEAN LINE +L C3 IV Ai SHOP KINTYRE LINE 0 . . ...... TRUCKTRAIL7 RS z Z 0 6 .08 ha V 0 0;E I EO) 7 .13 ac) MCDOUGALL LINE m -F7 HWY 401 VI JI I HOSKINS LINE k, I I I I LANDS PROPOSED TO BE RE-ZONED TO VI&VII I DOWNIELINE ='SITE SPECIFIC'AGRICULTURAL(A114) VII W 0,, Rodney 4 - 5 LAN LINE QUEENS LINE X 104 .04 I Vill s West Lorne LINE A PIONEER NE 2 4 55 7 8 9 10 11 12 13 1 241 no I A B C D 2 1 2 3 4 15 16 17 18 19 20 21 22 23 2, IX oW MARSH L Subject Lands X 76 2L THOMSON LINE < < z 0 0 0 < z X1 SILVER CLAY LINE _L1 cc New Xii z 7 U_ Glasg w Eagle 0 . TALBOT LINE 3 Xiii Port Glasgow GRAY LINE ' L _14L. LAKE ERIE Metres 1:100,0()0 Communit 0 1,250 2,500 3,750 5,000 y 1P Planners Inc MUNICIPALITY 0F+14f:3T�•u;; 90 RccFavfs� JUL 1 6 2892 HICKORY GROVE CAMPERS ASSOCIA PO Box 228 Rodney Ontario NOL2C0 Dear Sir, Hickory Grove Family Campground is a community on the north shore of Lake Erie in the municipality of West Elgin, approximately 2 kilometres west of Port Glasgow. Hickory Grove Family Campground has been part of the municipality since 1979. There are roughly 270 fully serviced sites occupied by voting citizens of West Elgin with another 300-400 sites which have the potential for development in the future. The park property is owned by a Canadian corporation. Each of us, as campers has purchased a perpetual license to occupy individual lots in a similar to that of a modern condo agreement. Our park fees are paid to Hickory Grove Campers Association Inc., which is comprised and operated by a Board Of Directors, selected from and by lot owners. All maintenance cost, taxes and monthly bills are paid by the Association with these funds. The Association is responsible for the day to day operation of the campground in accordance with a Management Agreement negotiated between the Association and the Corporate Owner. The Association take this responsibility seriously and has continued to handle the day to day operations of the campground including routine maintenance and improvements as warranted utilizing local licensed contractors. Since the Association does not own the park itself, it is difficult for us to obtain financing for major infrastructural improvements, as we don't have the ability to utilize the property as collateral. The Corporate Owner has indicated they are not able to assist the Board with financing. The Ministry of the Environment (MOE) has indicated to the Park Owner that a new Waste Water Treatment System would be required if we wish to remain in the park. The Association, with the approval of the Ministry, engaged a local licensed contractor to make temporary repairs to the existing system which has allowed us to continue to operate until we are able to install a new Waste Treatment System. In the meantime, the Association has hired an engineer to design the new system which has been approved by the MOE. The Association has invested thousands of dollars for this engineering design and have raised approximately $200,000 towards the construction of a new Waste Treatment facility. The unfortunate dilemma in which we find ourselves is one where we are unable to secure a loan for the balance of the value of the project (estimated $750,000) since we are unable to secure financing by utilizing the property as collateral. The Management Agreement negotoated with the owner of the park was important to the members of the Association because we did not want to invest "Park" money into the new system without some means of protecting our investment in the park infrastructure. This Agreement was signed last fall by the owner and the Board Of Directors after several years of negotiation. Now that we are in a legal position to move forward with this project, the only remaiming stumbling block is our lack of ability to secure financing for a property which we do not own. The timeline provided by the MOE requires commencement of this project within one year, so it is imperative that we move forward to prevent permanent closure of the park and a loss to the local economy since we utilize local contractors and our campers make routine purchases at the local stores and restaurants. The Hickory Grove Campers Association is respectfully asking the Council of the Municipalityof West Elgin to consider helping us with either a debenture or financial backing with a lender so that we may borrow the money ourselves. We are not asking the Municipality for any financial contribution only for assistance with financing, We have the ability to honour a loan obligation to enable us to install a new Waste Treatment, but we are having difficulty in securing a loan for this project since we can't utilize the property as collateral. In 2004, Hickory Grove Family Campground was very fortunate to have the help of the Municipality with Financing of an extension of the water main to our park. A five year debenture was provided by the Municipality to assist in the infrastructural modernization of Hickory Grove. These funds were repaid appropriately. It is imperative to all of the residents of Hickory Grove Family Campground that we move forward with this project in a timely manner, and therefore we ask for your response to our request as soon as possible. In order to provide you with additional information that may be necessary in order for you to be make sn informed decision, we would be available at your convenience to meet with you. We greatly appreciate your consideration of ou request and look for ward to your response. Sincerely, Tom Bowie. President of the Board of Directors 519-281-5757, C1 ve , 3F� - -... y Y a WMI �. Community Planners Inc 17 July 2012 MEMORANDUM #0190/2183 TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa SUBJ: Application for an Amendment to the Zoning By-law: Bob Pearce & Darlene Wood — 10996 Furnival Road - part of Lot 7, Concession X — east side of Furnival Road (County Road No. 103) south of Marsh Line—formerly in the Township of Aldborough 1. PURPOSE • to change the zoning of the abovenoted lands from Agricultural (Al) to a 'site-specific' Agricultural (Ai-#) Zone to permit a commercial use (trucking business) on lands which are not zoned for such purposes. 2. SITE CHARACTERISTICS (Figure 1) • the subject lands have an area of 2.0 hectares (5.0 acres), a frontage of 188 metres (616 ft) and a depth of 108 metres (355 ft). The parcel is occupied by a single unit dwelling, tool shed, storage shed, pumphouse, shop and a paved parking area for a truck haulage business known as Bob Pearce Trucking; • the owners acquired the property in 2005 and are seeking permission to continue using the lands as the base of operations (including servicing) for a trucking business which has been in existence since the current owners acquired the lands. The truck business started with four trucks and has since expanding to ten trucks and 14 employees. The business is engaged in the trucking of greenhouse produce and Pioneer seed corn; • based on information provided by the Municipality, Mr. Pearce has advised that he was unaware that a trucking business was not a permitted use on the lands based, apparently, on the fact that a previous owner sold seed corn from the lot; • the subject lands are situated in a rural area with frontage on, and existing access to, an arterial road (County Road No. 103 - Furnival Road). No new entrance to Furnival Road is proposed. Neighbouring lands are used jar"'! Bob Pearce&Darlene Wood-Application for Zoning By-law Amendment #019012183 Municipality of West Elgin 17 July 2012 page 2 primarily for agricultural purposes. Residential lots are located north and south of the subject lands fronting on Furnival Road. The nearest dwelling is situated opposite the subject lands at the southwest corner of Furnival Road and Marsh Line. A residential lot (10903 Furnival Road) situated south of the subject lands is zoned (RR3- 1) to permit a public garage (Dan's Auto Body). 3. ANALYSIS • in evaluating the application, regard must be had to the relevant matters of the Planning Act. Under the Act, matters of provincial interest include: (p) the appropriate location of growth and development. • the application must also be 'consistent with' the Provincial Policy Statement (PPS). The following is relevant with respect to the application at hand: In prime agricultural areas, permitted uses and activities are: agricultural uses, secondary uses and agriculture-related uses....Proposed new secondary uses and agriculture-related uses shall be compatible with, and shall not hinder, surrounding agricultural operations. These uses shall be limited in scale, and criteria for these uses shall be included in municipal planning documents as recommended by the Province, or based on municipal planning objectives which achieve the same objective. (Section 2.3.3.1) • agriculture-related uses are defined by the PPS as follows- Agriculture-related uses: means those farm-related commercial and farm-related industrial uses that are small scale and directly related to the farm operation and are required in close proximity to the farm operation. • based on the information available, the trucking business appears to constitute a legitimate farm-related operation. The main components of the business, as we understand it, involve the haulage of greenhouse produce (primarily from Chatham-Kent) and the haulage of seed corn. To this extent, the trucking business is related to the farm operation and, relative to the business engaged in, is required to be located in close proximity to the farm operation; • the subject lands are designated 'Agricultural' in the West Elgin Official Plan. The primary use of land is intended to be for farming. Agriculturally-related commercial and industrial uses are permitted in accordance with the following: � t IV Bob Pearce&Darlene Wood—Application for Zoning By-law Amendment #019012183 Municipality of West Elgin 17 July 2012 page 3 Agriculturally-related commercial and agriculturally-related industrial uses that are directly related to serving the needs of the farm community and are required to be, or benefit by being, in close proximity to farming operations shall be permitted subject to the following criteria: a) a demonstrated need exists for the use within the planning horizon; b) reasonable alternative sites including sites within designated settlement areas which avoid prime agricultural areas do not exist and where a location in a prime agricultural area is being proposed, lower priority agricultural lands are considered, c) specialty crop areas are not impacted; d) suitability of the site for the purposes intended; e) availability of an adequate and potable water supply; f) approved waste disposal means or facilities; g) access, or proximate access, to a hard surfaced road subject to the approval of the authority having jurisdiction; h) measures, if need be, to ensure compatibility with neighbouring land uses; i) compliance with the Minimum Distance Separation Formula(MDS 1); j) an amendment to the Zoning By-law;and k) entering into a site plan agreement. • the abovenoted criteria are satisfied or are capable of being satisfied. A demonstration of need is, in this instance, not considered relevant insofar as the trucking business has already been in operation for five years and on this basis has established a market for its service. The business is operated from a 5 acre existing lot where the impact on prime agricultural land and/or the loss of productive farmland is not an issue. The trucks (10) are parked and maintained on-site and there is no intention on the part of the owners of operating a public garage from the premises; • in addition, the Official Plan provides a degree of leniency to existing uses of land, Such 'existing' uses may be zoned as conforming uses in the Zoning By-law provided: a) The use does not constitute a danger, nuisance, or a blight with respect to neighbouring uses by virtue of its characteristics or the traffic which it generates; HTL OMMU PlanInels Inc = . Bob Pearce& Darlene Wood—application for Zoning By-►aw Amendment #019012183 Municipality of West Elgin 17 July 2012 page 4 b) Any extension or enlargement of the use shall not be permitted if such extension or enlargement would be detrimental to neighbouring uses, c) Any change of use is compatible with the quality and character of neighbouring uses;and d) Where any such use is located in a Hazardous Land'area, any reconstruction, extension or enlargement of such use shall be first approved by the Lower'Thames River Conservation Authority. • compatibility with neighbouring agricultural and residential uses remains a key consideration. There is no evidence of a record of conflicts in this instance nor have any reported complaints been lodged with the Municipality. The owners are unaware of any complaints against the business. The intention of the owners is to continue maintaining the trucks on the property without expanding the operation. The maximum number of trucks stored on-site would be ten and it is apparently usually less than this number. A maximum number of trucks could be stipulated in the proposed by-law amendment; • rased on photographs provided by the owner, the property appears to be well maintained and neat in appearance, with the trucks stored at the south end of the lot. Mature trees around the perimeter of the parcel provide effective screening from the road and neighbouring properties; • the subject lands are zoned Agricultural (Al) in the Township of Aldborough Zoning By-law. Permitted uses include an agricultural use, riding school, forestry use, single unit dwelling, home occupation and an accessory use. A truck haulage business is not a permitted use. Based on the information provided, the operation appears to constitute a"truck terminal" being defined as follows: "shall mean the use of land, buildings, or structures, or portions thereof, where transports are stored, rented, leased, kept for hire, or parked for remuneration of from which trucks or transports are dispatched as common carriers, or where goods are stored temporarily for further shipment (Section 2.129) • while there is no information to suggest that the haulage of goods will change, to ensure that the trucking operation remains agriculturally-related in conformity with the PPS and Official Plan, a "site-specific" Agricultural (A1-#) zoning would appear appropriate with the inclusion of a "truck terminal for the haulage of agricultural produce"as a permitted use. A maximum of ten trucks would be permitted; +1 rT Ham PT Bob Pearce&Darlene Wood-Application for Zoning By-law Amendment #019012183 Municipality of West Elgin 17 July 2012 page 5 in summary, the truck haulage business represents an existing use and an agriculturally-related commercial use consistent with the Provincial Policy Statement and in conformity with the West Elgin Official Plan. The application of site plan control is not considered necessary insofar as no new buildings or structures are being proposed. The buildings and parking area associated with the business are already in place and the business has been operating without incident since the parcel was purchased in 2005. RECOMMENDATION That the application of Bob Pearce & Darlene Wood to change the zoning of the subject lands, being 10996 Furnival Road (part of Lot 7, Concession X), from the Agricultural (Al) Zone to the "site-specific" Agricultural (A1-#) Zone to permit a truck terminal for the haulage of agricultural produce with a maximum of ten trucks be accepted and the necessary amendment (attached hereto) to the Zoning By- law be adopted. (original signed by) Dan Smith, MA ca 1 1 k J Community Planners Inc 17 July 2012 MEMORANDUM #0190/2184 TO: Members of Council Municipality of West Elgin FROM: Ted L. Halwa SUBJ: Proposed Severance - Peter & Kathleen SODS - 24746 Downie Line - north side of Downie Line,west of Graham Road 1. Purpose • to create a lot out of an 40.5 hectare (100 ac) parcel for the purpose of disposing a surplus farm dwelling (refer Figure 1); • the lands proposed to be conveyed have a frontage of 79.2 metres (260 ft), a depth of 122 metres (400 ft) and an area of 9,662 square metres (2.4 ac). The parcel is occupied by a single unit dwelling erected circa 1900, detached garage and a barn/shed (circa 1950). No change in use is proposed; • the lands being retained have a frontage of 220 metres (722 ft) and an area of 39.5 hectares (97.6 ac). The parcel is devoid of buildings and structures and has been cleared primarily for agricultural purposes. The Hill &Axford Drain passes through the central portion of the farm. No change in use is proposed; • the current owners of the subject lands, Peter & Kathleen Soos, reside in the existing dwelling and intends to convey the lands (in total) to Anna & Henricus Dieker, who have a purchase agreement with the owners on the assurance that they would be able to sever the surplus farm residence. Upon the granting of the proposed severance, the lands proposed to be conveyed would be sold; • neighbouring lands comprise a mix of agricultural uses, primarily cash crop with an extensively forested area to the west and south. Rural residential development is limited in the area and no large livestock operations have been identified in the vicinity of the proposed residential lot. 2. Provincial Policy Statement(PPS)and Official Plan f� Sri ,I f - _�nrIC,,rS- 1,1c L,!!"AS SooslDieker-Proposed Severance #019012184 Municipality of West Elgin 17 July 2012 page 2 ® in prime agricultural areas, the creation of a lot for the purpose of disposing a residence surplus to a farming operation is permitted by the PPS. A surplus residence is defined as an existing farm residence that is rendered surplus a result of farm consolidation. Farm consolidation is defined by the PPS as: the acquisition of additional farm parcels to be operated as one farm operation; • the prospective purchasers of the subject lands, Anna & Henricus Dieker, currently own lands used for agricultural purposes (cash crop) as a single farm operation. The amount of land owned and farmed by the Diekers within the Municipality of West Elgin comprises 254 hectares (627 acres) spread amongst approximately seven farms. They also have leases on two farms. Mr. & Mrs. Dieker reside on the home farm at 24242 Downie Line and propose to farm the lands in conjunction with other farms they own and operate; • the PPS requires that residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance. Such a restriction is appropriately addressed as a condition of consent, if granted, through the application of 'site-specific' zoning consistent with past practice in the Municipality. The application would be consistent with the PPS; • the subject lands are designated 'Agricultural' in the West Elgin Official Plan. The creation of lots to dispose surplus farm dwellings in areas designated 'Agricultural' is permitted provided: a) the dwelling considered surplus has been in existence for at least 10 years; b) the dwelling is structurally sound and suitable, or potentially made suitable, for human occupancy; c) no new or additional dwelling is permitted in the future on the remnant parcel which shall be ensured through an amendment to the Zoning By-law; d) compliance with MDS I with respect to any livestock building, structure or manure storage facility.on the remnant parcel; e) minimizing the loss of productive farmland;and f) deteriorated, derelict, abandoned farm buildings (including farm buildings and structures with limited future use potential) are demolished and the lands rehabilitated. (Section 6.2.10) X A In �� Soos/Dieker-Proposed Severance #019012184 Municipality of West Elgin 17 July 2012 page 3 • based on information provided, the abovenoted criteria are satisfied or are capable of being satisfied. The dwelling and outbuildings are considered suitable for residential purposes (and uses accessory to residential); • the dwelling is serviced by a private on-site water supply and private septic sanitary waste disposal system. Confirmation will be required to ensure that the existing septic sanitary waste disposal system is wholly contained on the proposed lot. This matter is appropriately addressed as a condition of consent, if granted; • the proposed lot has an existing entrance to Downie Line -- a local public road with year round maintenance. The lands being retained are accessed by a separate field entrance from Downie Line and Argyle Line and no new or additional entrances are required or proposed; • the boundaries of the proposed lot coincide with landscaped open space surrounding the dwelling and outbuilding, and a desire to retain mature trees with the parcel. The loss of productive agricultural land appears to have been minimized to the greatest extent possible; • based on the foregoing information, conformity with the West Elgin Official Plan is capable of being maintained. 3. Zoning By-law • the subject lands are zoned Agricultural (A1). The proposed residential lot would require a re- zoning to Special Agricultural (A2) given its main use and size. The lot would satisfy the minimum lot area, maximum lot area and minimum lot frontage requirements (4,000 sq m, 1.0 ha and 50 m respectively) of the A2 zone; • the lands being retained would readily satisfy the minimum lot area and lot frontage requirements (19 ha and 150 m respectively) of the Al zone. A re-zoning to `site-specific' Agricultural (A14) would be required to prohibit a dwelling being erected on the parcel in the future as stipulated by the PPS and the West Elgin Official Plan. 4. Conclusions P! {111" I k; r ' Soos/Dleker-Proposed Severance #019012184 Municipality of West Elgin 17 July 2012 page 4 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. The Official Plan provides for the creation of lots occupied by dwellings considered surplus to the farm operation and suitable for habitation. The requirement or stipulation that the acquisition of additional farm parcels to be operated as one farm operation be taking place is satisfied in this instance based on the information provided. 5. RECOMMENDATION That the proposed application for consent be supported (based on the lands being transferred in title to Anna & Henricus Dieker), subject to the following conditions and, upon receipt of an Application for Consent in the names of Anna & Henricus Dieker (or similar entity) to the satisfaction of the Municipality, the Elgin Land Division Committee advised accordingly: i) That the requirements of the Municipality, if any, are satisfied with respect to the on-site septic sanitary waste disposal system serving the dwelling on the lands being conveyed, ii) That the lands being conveyed be re-zoned to Special Agricultural(A2) to permit their size and use for residential purposes, iii) That the lands being retained be re-zoned 'site-specific' Agricultural (A 14) to prohibit the erection of a dwelling thereon in the future. 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. -nmy SooslDleker-Proposed Severance #019012184 Municipality of West Elgin 17 July 2012 page 5 (original signed by) Dan Smith, MA MUNICIPALITY OF WEST ELGIN APPLICATION FOR PROPOSED SEVERANCES PLEASE COMPLETE THE FOLLOWING: 1. PROPERTY OWNER: NAME: PETER DOUGLAS SOOS and KATHLEEN SUE SODS ADDRESS: 24746 DOWNIE LINE, RR#4, WEST LORNE, ONT. NOL 2PO PHONE: 519-768-2984 2. LOT 19 CONCESSION 4 ACREACE OF TOTAL PARCEL: 100 3. PARCEL TO BE SEVERED: ACREAGE 2.4 FRONTAGE 260' DEPTH 400' 4. ACREAGE TO BE RETAINED: 97.6 acres 5. REASONS FOR SEVERING AN AGRICULTURAL PARCEL—SURPLUS DWELLING ONLY IS THE DWELLING SURPLUS TO THE NEEDS OF THE FARM? YES X NO WHEN WAS DWELLING CONSTRUCTED? (YEAR) IS THE DWELLING STRUCTURALLY SOUND & SUITABLE OR POTENTIALLY SUITABLE, FOR HUMAN OCCUPANCY? YES x NO WHERE IS YOUR PRINCIPLE RESIDENCE? 24746 DOWNIE LINE, RR# 4 WEST LORNE MUNICIPALITY WEST ELGIN 6. REASONS FOR SEVERING A PARCEL FOR OTHER THAN FOR SURPLUS DWELLINGS? 7. OTHER COMMENTS: On the parcel to be severed, the westerly limit of the said parcel is attempting to capture a significant heritage tree and to straighten the farmed field. DATE � , 1% aCQ�D SIGNATUR NOTE: There is no charge for the first time Council reviews a proposed severance applicati n. The fee for additional reviews and re-submissions by Council is $900.00 per instance. If you wish to attend the council meeting, please contact the Cleric. Proposed severance applications are reviewed by Council at their meeting held on the 4th Thursday of each month. Please submit this application to the Cleric by the 2nd Wednesday of the month for inclusion in the agenda. �= 10f f - t�lr Ip d ar c 't 1 f . Y y S- '7��,�eo4F i Y� ty t; q4`:, WN1#{�"E,�3 T' � �r's-, � - e 4''1 G � PORT GLASGOW SECONDARY PLAN PROJECT TIMELINE AND ACTIVITIES 1. Secure venue for August 8 stakeholder workshop,supply text for web page and newspaper notices(July 3-6), 2. Meet with Seaside representatives to review latest design concepts and establish framework for workshops;discuss workshop format with PGYC consultant(July 10). 3. Liaison with MMAH re: role and expectations of secondary plan process in addressing Min Mods,Seaside appeal, County of Elgin Official Plan,etc.(July 12). 4. Meeting with Council July 19 to review workshop format, project timeline and activities. 5. Council on-site Field Examination (July 24). 6. Consulting team meeting with Community Planners Inc.,The Planning Partnership and LMM Engineering to review Seaside concepts and prepare alternatives for the stakeholder workshop(July 25). 7. Workshop with Council,stake holder groups,the public and all study consultants(August 8). 8. Prepare background report and draft secondary plan (August-September). 9. Meet with Council to review draft documents and plans(TBA). West Elgin Recreation Report July 12 2012 Please excuse my absence as I am away at the Ontario Fire College completing courses. 1. The Pool is open and swimming lessons and open swim has begun. 2. The splash pad has continues to be a popular attraction in Miller Park this year. 3. The tender forms are in for the truck, a separate report is included. 4. The Roads Department has completed the"Road"at the Marina and it looks good. If the idea is to prevent vehicles from parking along the roadway and that portion of the hill, in order to facilitate vehicular movement,we should consider installing posts just in that area. I will speak to Paul next week. 5. The Recreation Center Renovations met with a couple of delays.The washroom partitions are ordered however will arrive later than expected.The owner of company installing the range hood suffered a heart attack,therefore the installation:was delayed, it is currently underway. The installation of the sidewalk was delayed as we found a catch basin under the existing sidewalk as well as a wall,both of which had to be removed.You will notice an extra charge in the invoice from the company installing the side walk because of this new finding. We will be constructing a short retaining wall around the flower beds, as well as railings on the sides of the new stairs. 6. The fair board was working on the Tractor pull track on Friday,and hopefully will have enough of it compete so we can finish our portion of the installation. It would be beneficial if any new clay brought in to the park could be placed directly on the track. 7. July 21 is the Cactus cattle and Cowboy event in Miller Park,and Cup day or the final playoff day is scheduled for August 11 2012. 8. A representative from Kondras Solar installations will be attending at the next regularly scheduled meeting of the Arena Board to discuss future possibilities for the Arena. 9. Miller Park has been infested by the Japanese Beetles,which are devouring our trees. We are currently in contact with several agencies to determine the best course of action for the park and our trees. The CFIA, OMAFRA are currently helping us in determining a legal solution to our challenges. 10. We will be starting the plant in the arena around the 20fh of August to have ice ready for the Tuesday after the Labour Day Holiday. Respectfully Submitted Parks and Recreation Superintendent Jeff Slater July 12 2012 Municipality of West Elgin To: Council of the Municipality of West Elgin From: Parks and Recreation Superintendent Jeff Slater Date: July 13 2012 Subject: Truck purchase Recommendation: That Council approve the purchase of a 2013 Ford F 150 XL from COTRAC Ford Lincoln Sales at a purchase price of$ 18,811.00 plus applicable taxes. Introduction: Council approved the tender for a replacement truck for the Parks and Recreation Department. There were tenders sent to McNaughton Dodge and COTRAC Ford, both local dealerships. The Dodge truck is a 2012 already built and has a purchase price of$ 19, 248.00 plus applicable taxes. The Ford truck is a 2013 and has a purchase price of$ 18,811.00 plus applicable taxes. Discussion: It is the recommendation of the Parks and Recreation Superintendent that the tender from COTRAC Ford be accepted. Respectfully Submitted: r Jeff Slater Parks and Recreation Superintendent Attachments: Tender forms and quotations from both dealerships. 3 Ca MUNICIPALITY OF WEST ELGIN MONTHLY REPORT TO COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: LORNE McLEOD, CHIEF BUILDING OFFICIAL DATE: July 19, 2012 RE: BUILDING REPORT FOR MONTH OF May No. of Permits Issued for Month of May 2012 2011 SFD New/Additions 4 3 Units Demolitions Storage New/Additions Buildings Demolitions Garages/ New Car Ports Demolitions Farm New/Additions 3 Buildings Demolitions Other New 3 2 Demolitions Septic Permits 2 2 Estimated Value for Month of May $371,500.00 $703,000.00 Permit Revenue for Month of May $3,094.08 $4,862.12 No. of Permits Issued for year to date SFD New/Additions 8 8 Units Demolitions 2 Storage New/Additions 1 Buildings Demolitions Garages/ New 3 Car Ports Demolitions Farm New/Additions 7 6 Buildings Demolitions 2 1 Other New 7 3 Demolitions Septic Permits 3 4 Estimated Value for Year $1,010,400.00 $1,544,200.00 Permit Revenue for Year $7,153.24 $12,116.05 0:Veports120121May.building.report.doe i Z ZZUjwZf w Fo r� OpWOW W CL I L �I J 4 J i1 IZ o UUOU OO j i i I I i I ! i . I of j M o �i NI 3 L Z Z N Z m [U 7. p < < 7 Q 7 > N N N Ln v je pia O O''o O -2 Q 01 V U U O U, p 7 I III � i l i i i I N SIN + a) W iJ OEM ICI U. A LU ZY O U 7d W D IN ci cl�, m a N Da �� ° NNN � NNCYi War j ~I' a) Co QI,�i6� O;r NIM'� Q' r Q N f7''o an m ❑ Ll N'N CV N P g (a) WESAA Better Environment for Business DRAFT June 20, 2012 Project No. W-84718-00-12 Ms. Norma Bryant The Corporation of Municipality of West Elgin 22413 Hoskins Line, Box 490 Rodney, ON NOL 2C0 Re: West Elgin Landfill Site Spring 2012 Monitoring Report Dear Ms. Bryant: The purpose of this letter is to provide a summary of the environmental monitoring activities conducted by WESA Inc. (WESA) at the West Elgin landfill site in the spring of 2012. On April 11, 2012, the Ministry of the Environment issued an amendment to the Environmental Compliance Approval (ECA) (formerly referred to as a Certificate of Approval (CofA)) No. A051101. All sampling was conducted in accordance with Schedule "B" of the ECA. In 2011, the Municipality purchased a 50m wide portion of land to the south of the landfill to act as a contaminating attenuation zone (CAZ). As a result monitoring wells MW6, MW8, MW9, and MW12 are now considered on-site. Figure 1 details the location of the monitoring wells as well as the newly purchased CAZ. The amendment to the ECA discussed above also requires that the Municipality purchase the 30m proposed CAZ to the east by December 31, 2013. WORK PLAN The environmental monitoring plan for the spring 2012 was done in accordance with the amendment to the ECA No. A051101 as discussed above. WESA Inc. 1 171 Victoria Street North I Kitchener, Ontario,Canada N2H 5C5 I (T)(519)742-6685 I fl(519)742-9810 www.wesa.ca DRAFT Project No.W-B4718-00-12 JUne 20,2012 WESA The monitoring program included: • Water table measurements in all monitoring wells; • Methane readings in all monitoring wells as well as in any buildings or structures at the Site that are founded on or below grade and are at times occupied by people); • Groundwater sampling and analysis; and, • Completion of a Landfill Inspection and Checklist. Water table elevations were measured at all 15 of the groundwater monitoring wells on-site (it should be noted that there is no MW13 on-site). Water elevation results are provided in Table 1 and methane readings are provided in Table 2. Groundwater samples were collected and analyzed for a series of general inorganic parameters, metals and volatile organic compounds (VOCs). The full list of parameters analyses and the results are provided in Tables 3 and 4, attached. A brief discussion of the results to date is provided below. WATER LEVELS Shallow groundwater flow on-site has been characterized by wells completed within the waste/fill material and the native sand and gravel units (MWI to MW14). Monitoring well MW2D is completed within the clay layer that underlies the landfill and MW15 is completed within a wetland and therefore is influenced by both the shallow groundwater flow system and surface water (precipitation etc). The groundwater within the shallow flow ranged between 217.37 (MW12) to 218.59 (MW10) metres above sea level (m asl) in the spring of 2012. Groundwater flow on-site is generally towards the east. Historically, there has been a mound (an area where water levels are elevated above the immediate surrounding area) in the groundwater table located along the western property boundary between MW5 and MWI. The mound has caused a component of the groundwater flow in the south western corner of the site to flow towards the south (away from MW5 towards MWIO). This occurred last in the November 2011 sampling event. Page 2 DRAFT Project{Vo.W-B4718-00-12 June 20,2012 WESA_ However, in some more recent monitoring events, including the Spring 2012 event, the groundwater elevations at MWTO have increased to levels at or above the groundwater elevations at MW1 and MW5. There now appears to be a mound located in the vicinity of MW10 and causes a component of the groundwater flow in the southern corner of the site to flow towards the north (towards MWl and MW5). METHANE Methane concentrations were measured using a portable Eagle® combustible gas monitor calibrated for methane with a Multi-gas methane sensor. Methane readings in parts per million methane, % LEL (% of Lower Explosive Limit) and % methane were measured within the riser pipe at each monitoring well location. Methane concentrations were measured at 1% LEL in MW5. This well is in close proximity to historical and/or current land filling operations . The concentrations in the remainder of the wells were 420 ppm (measured in MW2D) or lower. There are no buildings or structures at the site that are founded on or below grade. However, there is a small trailer that is raised above ground and methane concentrations were measured to be t5ppm. GROUNDWATER CHEMISTRY Leachate on-site can be characterized by high concentrations of seven leachate indicator parameters (WESA, 2008): • Ammonia/ Organic Nitrogen, alkalinity, arsenic, chloride, dissolved organic carbon (DOC), iron, and sodium The MOE Reasonable Use Policy B7 (MOEE, 1994) was established to address the quality of groundwater on properties adjacent to potential sources of contaminants such as landfills. The groundwater quality at the site is compared to calculated Reasonable Use Limit (RUL) based on the background conditions on-site and the Ontario Drinking Water Standards (ODWS, 2003). Page 3 DRAFT Project No.W-64718-00-12 WNESA June 20,2012 MW14 is representative of background groundwater conditions and therefore RULs for the site have been calculated using the background concentrations from the 2010 and 2011 sampling events at this well (WESA, 2011). Iron exceeded the RUL at background well MW14 during this and historic sampling events. In Table 3, parameter concentrations that exceed the background concentration calculated in MW14 as discussed above are highlighted in bold, while those concentrations that exceed the RUL are both bolded and italicized. VOC concentrations were compared to the ODWS and calculated RUB and exceedances highlighted in Table 4. The following table summarizes all leachate indicator parameters measured in excess of the RUL and the location of the monitoring well for the spring 2012 sampling event; Summary of RUL Exceedances Well Location Monitoring Well Groundwater Flow Leachate Indicator Parameters RUL I Exceedances Northwest MWl Shallow Alkalinity Leachate MW2 Shallow Ammonia, Alkalinity, DOC.Arsenic,and Iron (Landfill Footprint) East MW3 Shallow Ammonia.Chloride, Alkalinity, DOC, Arsenic and Iron Southeast MW4 Shallow Ammonia, Alkalinity. DOC and Iron Southwest MW5 Shallow Ammonia,Alkalinity, DOC and Iron South—Recently MW6 Shallow Ammonia,Chloride, Alkalinity, DOC and Iron Purchased CAZ East MW7 Shallow Ammonia,Chloride,Alkalinity, DOC and Sodium South—Recently MW8 Shallow Ammonia,Alkalinity and DOC Purchased CAZ South—Recently MW9 Shallow Ammonia Purchased CAZ Off Site MW10 Shallow None Off Site MWi1 Shallow Ammonia, Chloride, Alkalinity, DOC and Sodium South—Recently MW12 Shallow None Purchased CAZ Off Site MW15 Surface/Shallow Ammonia,Chloride, Alkalinity and DOC Clay MW2D Deep None ' Please note that there is no RUL for the Leachate parameter ammonia:therefore ammonia is compared to average value calculated in the background well. Page 4 DRAFT Project No.W-64715-00-12 > � .tune 20,2012 The analytical results observed during the monitoring event are, in general, consistent with those historically observed and reported on-site. It is noted that the concentrations of leachate indicator parameters ammonia, chloride, alkalinity, and DOC show an increasing trend in MW15 since the well's installation in 2010. A review of wells considered upgradient of MW15 (in particular MW3, MW7 and MWII) do not indicate a clear trend (either increasing or decreasing) with respect to these parameters. Of note, results of chloride in MW7 have more recently exhibited an increasing trend (since 2010). Although prior to 2010 results for chloride at this well were similar to current concentrations. The results of the VOC analyses are summarized in Table 4. The results of the VOC analyses had concentrations of all parameters measured below the ODWS in the spring of 2012. A few parameters were detected above the laboratory detection limit but below the ODWS and followed historical trends. Benzene and chlorobenzene were noted in MW5 in the spring of 2012. Both parameters have been noted in MW5 since May 2006. CONCLUSIONS The results of the groundwater monitoring indicate that general site groundwater flow is towards the east, with a small component towards the north along the southwestern property boundary. Evidence of the groundwater flow direction on-site is confirmed by the analytical data obtained from wells sampled. The purchase of the CAZ to the south of the site eliminates leachate impact off-site in this direction. Leachate impacts off-site are restricted to the east and southeast. Towards the east/ southeast, impacts were noted in the on-site well MW7 and in the off-site wells MW11. To the southeast, leachate impacts have been noted in MW15 indicating that groundwater and leachate are likely discharging into the wetland. Concentrations of leachate indicator parameters ammonia, chloride, alkalinity, and DOC have increased since the MW15 was installed in 2010. The wetland is an anaerobic reducing system with enhanced de-nitrification potential/conditions and therefore acts to provide natural treatment of the leachate. The Municipality has received the landfill inspection checklist completed during the spring 2012 event and signatures are still pending. Page 5 DRAFT Project No.W-B4718-00-12 WESA June 20,2012 RECOMMENDATIONS As MW15 has exhibited an increase in leachate indicator parameters since it's installation and the MOE has required that purchase of property to the east as CAZ be completed by December 2013, it is recommended that the Municipality install additional piezometers further east of MW15 to ensure that the proposed 30m CAZ is sufficient prior to entering negotiations with the owner of the neighbouring property. The site will be sampled again in fall 2012 to satisfy the requirement of the ECA. A final report will be prepared detailing the results of the two 2012 monitoring events and provided to the MOE no later than April 301h, 2013. If you have any questions please do not hesitate to contact the undersigned. Sincerely, WESA Inc. DRAFT— For Discussion Purposes Only S'rana Scholes, B.A.Sc., P.Eng. Ian Macdonald, M.Sc., P.Geo Project Engineer & Manager Principal/Senior Hydrogeologist Encl. Ref-94718-00-12 repel Spring 2012 Monitoring Letter June 2012.doex Page 6 44k 0 f6c) It OF V ,w rui.c t<' R' e N Q C � Y` u u m The Municipality of West Elgin TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: JOANNE GROCH, ADMINISTRATOR/TREASURER DATE: JULY 19, 2012 SUBJECT: WATER BILLING POLICIES AND PROCEDURES RECOMMENDATION: THAT Council approves a change in policy for water/sewage billings re the billing of tenants and that only the owners of the property be billed and that the requirement for tenant security deposits be discontinued; THAT the disconnect policy be based on arrears of$100.00 or more and that no average be used; THAT the Draft By-law be sent to the lawyer for comments; AND THAT a public meeting be held to review the changes with the public. INTRODUCTION/BACKGROUND Attached is a revised By-law to enact rules and regulations for the maintenance and operation of a water works distribution system. The present By-law has been in place since 2002-62 and has had various amendments. Attached is a copy of a Draft By-law with the amendments included. The policies regarding tenants in Sections 12.4 and 13 will be reviewed below. The relevant Sections are underlined and are in italics. As well Section 12.6 re water arrears will be reviewed. Page 2 of 3 DISCUSSION: TENANT POLICIES: At the present time the Municipality issues water/sewage billings to property owners and tenants. A Security Deposit is required from all tenants unless Form 5(attached) is signed by the owner. Section 13 outlines the policies on Security Deposits. There are approximately 75 tenants who receive individual water bills, 27 of whom have deposits of either $100 or $200. Recently there are more disputes between landlords and their tenants especially if there are water arrears on the property and the municipality is ending up in the middle in these arguments. Under Section 398 of the Municipal Act, fees and charges for the supply of a public utility are the responsibility of the owner. Some owners do not want their name on the bill when the tenant moves out but they are responsible under legislation. When a tenant vacates his unit and there is a deposit on file, the refund must be calculated and returned to the tenant. The refund cheques are usually for small amounts and often are not cashed by the tenants and entries must be made to delete them from the system. As well, if the final billing is over the deposit amount and is not paid then the owner must make payment. There is additional time and costs for Municipal Staff dealing with tenant properties as there is a higher turn over than on owner occupied properties. Each time a tenant moves in/out there is a $20.00 occupancy charge to change the name. This could be alleviated if the bill remains in the name of the property owner. As part of our procedure when tenants are in arrears over the $100 a duplicate copy of the arrears notice is sent to the owner. Sending of duplicate arrears notices would not be necessary if the billing is in the owner's name(Section 12.4) By making changes to the policies re: tenants there are cost savings not only to the property owner/tenant but also to the water department. Given proper notice landlords could include the water charges in the monthly rent. Other forms used re tenants are the Application for Water Service- Part 1 and 2 and Form 6. These forms are required each time there is a change. Page 3 of 3 WATER ARREARS: Section 12.6 provides for disconnection of water if the arrears are $100.00 or more. This policy works well and users know that it will be enforced. The part of this Section that is ambiguous is underlined and in italics. It states that "unless the user is a high user the $100.00 will be an average of two months or more billing". Who determines what a high user is? This was in the original policy to deal with Industrial users. The bills for industrial users can be $2500.00 +1- per month so this is quite a liability to the municipality. However, our industrial users have a good payment record and this policy of averaging does not appear to be necessary. The $100.00 limit is enforceable and works. Respectfully Submitted, Joanne Groch, B.A., AMCT Administrator/Treasurer Attachments: Draft By-law, Form 5 and Form 6 Application for Water Service — Part 1 and 2 THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN BY-LAW NO. BEING A BY-LAW TO ENACT RULES AND REGULATIONS FOR THE MAINTENANCE AND OPERATION OF A WATER WORKS DISTRIBUTION SYSTEM IN THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN. WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a lower-tier municipality may pass by-laws respecting matters within the spheres of jurisdiction including but not limited to public utilities; AND WHEREAS Sections 78 to 90 of the Municipal Act applies to public utilities; AND WHEREAS Section 398 of the Municipal Act allows the addition of amounts owing for the supply of a public utility to be added to the tax roll; AND WHEREAS the Corporation of the Municipality of West Elgin has constructed and now operates and maintains water works distribution system; AND WHEREAS The Council of the said Municipality deems it expedient to make certain rules and regulations for the operation of the said water works distribution system; NOW THEREFORE the Corporation of the Municipality of West Elgin enacts as follows: 1. Definitions In this By— law: (a) "Municipality" means the Corporation of the Municipality of West Elgin; (b) 'Water Superintendent' means the Water Superintendent of the water department for the Municipality of West Elgin or his or her duly authorized representative and as the context requires, all persons authorized to act at the Water Superintendent's direction (c) "Cross connection" means any temporary or permanent water connection that may allow backf low of contaminants, pollutants, infectious agents, other material or substance that has the potential to change the water quality in the water works distribution system; (d) "C.S.A." means the Canadian Standards Association; 1 (e) "Double service water pipes" means the water service pipes that service two or more premises; (f) "Premises" means any house, building, lot or part of a lot, or both in, through, or past which water service pipes run; (g) "Remote" meter reading systems" means the device installed at a separate location from the water meter and used to record the consumption reading of the meter; (h) "Road allowance" means land dedicated to the Municipality of West Elgin or the County of Elgin or the Province of Ontario for a public highway; (i) "Street line" means the boundary of a property adjoining a road allowance; (j) 'Temporary water supply connection" means a water supply pipe which is installed for a specific short-term purpose; (k) "User" means, as the context requires, the applicant for water supply, the owner or occupant of or the person to whom invoices are sent for water supplied to a premises; (1) "Water" means potable water that is fit for human consumption; (m) "Water meter" means the water meter supplied, at the cost of the user, and owned by the Municipality of West Elgin; (n) "Water service connection" means that part of a water service pipe from the municipal water main to the street line, including the shut off valve, which supplies water to any premises in the Municipality of West Elgin; (o) "Water service pipe" means the water pipes which conduct water from the Municipality of West Elgin water mains to the water meters; and (p) "Water works distribution system" means the water mains and appurtenances, the works and the equipment under the jurisdiction of the Municipality of West Elgin for the supply or distribution of water or any part of such system. (q) "Council" means the Council of the Corporation of the Municipality of West Elgin (r) "CBO" shall be the Chief Building Official for the Municipality of West Elgin or his or her duly authorized representative and as the context requires, all persons authorized to act at the CBO's direction 2. Administration 1. The administration of the water works distribution system shall be under the jurisdiction of the Water Superintendent. 2. The administration of water works accounting; servicing and meter reading shall be under the jurisdiction of the Municipality. z 3. The administration of inspections of water service piping and appurtenances, cross connection control and backflow prevention devices on private property shall be under the jurisdiction of the Water Superintendent and/or the CBO of the Municipality. 3. Application for Water Service Connection 1 . Before water is supplied to a premises the user shall make application to the Municipality. 2. The user shall be liable to pay for the water supplied as indicated by the meter at the rates established by the Council from time to time and in accordance with the Fees & Charges By-law— Water & Sewer Rates as amended from time to time. 3. The user shall pay to the Municipality the charge for the water service connection, and the Municipality shall, at the expense of the user, furnish labour and materials necessary for the installation of the water service connection. 4. Where the user discontinues the use of a water service connection for water supply to a premises the user shall pay to the Municipality the charge for disconnecting such service from the water works distribution system. The applicant for the permit to demolish the premises shall be required to apply and pay the charge for disconnecting such service connection prior to the issuance of any permit. 5. (a) Where an existing building is substantially demolished, the existing water service connection shall be disconnected at the water main at the expense of the user. The applicant for the permit to construct the replacement building shall be required to apply and pay for the installation of a new water service pipe on public property between the water main and the private property line. (b) For the purpose of this subsection, an existing building is substantially demolished when more than 50 % of the exterior walls of the first story above grade are moved whether or not they are subsequently replaced. 6. The user may apply for the installation of a temporary water supply connection to supply water to a premise during the construction phase of a building. The user shall pay for the installation to and disconnection from the water works distribution system. 3 7. Where a new subdivision is planned to be developed in phases, a connection privilege fee will be levied per lot in accordance with the "Fees & Charges By-law — Water & Sewer" as amended from time to time and paid in advance for the service size required. For a development where there will be 2 connections to the water main — that is to "loop" the subdivision service main -- only a single privilege fee will be levied. 4. Installation of Water Service Pipes 1. Water service pipes on private property shall be installed pursuant to a plumbing permit issued for such purpose by the Municipality. The installation on private property shall be in accordance with Part 7 of the Building Code as may be amended from time to time. 2. All water service connections shall be installed by the Municipality or by contractors engaged by the Municipality for the purpose of such installations with the exception of land development projects where the subdivision agreement requires the developer to complete this work. 3. Double service water pipes will not be permitted in any circumstances. 4. The minimum size water service connection shall be 20 mm in diameter. 5. Water service pipes located on private property shall be constructed of a material which complies with the Building Code as may be amended from time to time. 6. All water service pipes shall be protected from frost with minimum earth cover of 1.3 Meters. 7. No person shall make, cause or permit to be made any connections to any water service pipes so as to use water that has not passed through a meter without written approval of the Water Superintendent. The user of the service for which such connection has been made shall be liable to pay all back charges for the unmetered water as well as any other penalties resulting from such connection. 8. Where a service line to the property already exists and the connection privilege charge has not been paid previously, the user must pay the connection privilege charge as well as the costs of the meter, appurtenance and installation as per the :Fees & Charges By-law— Water & Sewer" as amended from time to time. The connection fee is 4 to be paid in advance of any work being undertaken by the Municipality. 9. For every connection requiring a tap-in to the water main, a connection privilege charge as per the "Fees & Charges By-law— Water & Sewer" shall be paid, prior to any work being started. As well, all charges for time and material from the main to the property line and for all metering costs are to be paid by the user. Capital costs may be applicable depending on which waterline is being connected to. 10. Ratepayers of the Municipality who connect to lines owned by the Municipality of Dutton/Dunwich will pay a connection fee as set by that municipality and also a new customer fee as per the "Fees & Charges By-law—Water& Sewer" as amended from time to time. 11. New waterlines, installed in the rural area by petition of the residents, will be paid for by those petitioning for such line. As well, a connection privilege fee as per the "Fees & Charges By-law— Water & Sewer" will be charged by the Municipality. The cost of meters, appurtenances and installation will be the responsibility of the property owners, but the meter shall remain the property of the Municipality. The capital cost for any additional connections to these lines will be as stipulated in the appropriate by-law for the waterline. An application must be filled out prior to proceeding with construction. 5. Installation of Water Meters 1 . Water meters shall be supplied by the Municipality at the cost of the user and at rates established by the Council from time to time as per the Fees & Charges By-law. The ownership of such water meters shall remain with the Municipality. For multi-unit buildings with one service connection to the property one water meter will be installed per unit where possible. 2. Water meters up to 50 millimetres in diameter may be installed by the Municipality providing that the plumbing is provided with proper meter spacing and threaded connections otherwise the meter shall be installed by the user in accordance with the Municipality standards and specifications. Water meters greater than 50 millimeters in diameter will be supplied by the Municipality and installed by the user in accordance with the Municipality standards and specifications. 3. Except for water used for fire protection, any water supplied shall be metered and the water shall be invoiced by the Municipality at a rate established by the Council from time to time. 5 4. No water meter shall be installed that is smaller that the water service to which it is affixed without the consent of the Water Superintendent. 5. In any new water meter installation where a remote meter reading system is mandatory, the Water Department shall provide and install the remote at the cost of the user. 6. Where in the opinion of the Water Superintendent a meter cannot be conveniently placed inside a premises or the premises is located more than 65 metres behind the street line, the meter shall be installed in a meter chamber supplied by the Municipality in accordance with Municipality standards and specifications, on the property of the user, at a location approved by the Water Superintendent at the cost of the user. A mounting post and plate conforming to Municipality standards and specifications shall be installed to accommodate a remote meter reading system. 7. No person shall use, cause or permit water supplied to be used otherwise than in connection with the premises for which it is supplied nor shall the water supplied be sold or otherwise similarly disposed of. 8. Any person using water is required or permitting water to be used without a meter when such water is required to be metered pursuant to section (3), shall be liable to pay for water so used based on the average consumption as shown by subsequent meter readings, or if no such readings are available, on the basis of the normal consumption for similar premises. 9. The Municipality will not supply, install, inspect or read private water meters, nor will the Municipality bill consumption of private water meters. Water supply pipes to private water meters shall be connected to the user's plumbing the downstream side of the Municipality's water meter. 14.The location of a water meter once installed to the satisfaction of the Municipality shall not be changed by any person without the consent of the Water Superintendent. 11.Where a property is serviced with a fire service and the building has one or more private fire hydrants, the user shall, at the users cost, provide and install a detector check valve and install a water meter in accordance with subsections (1), (2), and (6). 6 6. Inspection of Water Service Pipes 1. All water service pipes and appurtenances installed by the user shall comply with the Building Code, as may be amended from time to time, and must be inspected by the Municipality before such installations are covered with backfill. The user shall apply for a plumbing permit from the CBO of the Municipality for any new water service pipe installation or alteration of existing water service pipes. 2. The Water Superintendent and/or CBO shall, at all times, be entitled to enter any premises or private property for the purposes of examining pipes, connections and fixtures which are used in conjunction with the water service connection. 7. Inspection of Water Meters 1. The Water Superintendent shall be allowed access to the premises or private property and be provided free and clear access to the water meter where water is being supplied, at all reasonable times, for the purpose of reading, inspecting, testing, making repairs, taking away, or replacing any water meter, at the discretion of the Water Superintendent. 2. Where a user does not provide access to premises for free and clear access to a water meter within seven(7) business days after receipt of written notice by the Water Superintendent, the Municipality may at its discretion, discontinue the water supply to the premises until such time as free and clear access to the water meter is provided. 8. Maintenance of Water Service Pipes 1. The user shall keep water service pipes in good repair and working order. In default thereof, the Municipality may discontinue the water supply. 2. The user shall properly protect all water service pipes to a premises including the water meter from frost and shall be responsible for any damage. The user shall also be responsible for any water loss occasioned by a leak in the water service pipe and the charge for such water shall be determined by the water department. The cost thereof shall be paid by the user upon demand by the Municipality, and the Municipality will not be responsible for any damages resulting from such leakage. 7 3. Where any premises are left vacant or without heat, it is the user's responsibility to shut off the water supply from within the premises and to drain the piping therein. The user may apply to the Municipality to have the shut off valve turned off to stop the water supply. The shut off valve will be turned on only at the user's request and in the user's presence. Applicable fees shall apply as per the Fees & Charges By- law - Water as amended from time to time. 4. Where the water supply has not been shut off and premises which have been left vacant or without heat suffer damage to it or it contents from a leaking or burst water pipe, the user shall have no claim against the Municipality. Should the Municipality become aware of such leaking or burst pipes, the Water Superintendent shall turn off the shut off valve and the water supply shall not be turned on until the Water Superintendent in his or her discretion considers it advisable. 5. All service boxes, valve boxes and valve chambers shall be left clear and accessible at all times. 6. The Municipality shall maintain the water service connections at the Municipality's expense. 7. Where the user has requested an inspection by means of an excavation of an existing water service, the user shall deposit a sum of money with the Municipality, the amount of which shall be established by the Council from time to time. If upon inspection a structural problem is found with the water service connection, the deposit will be refunded. 8. The user shall be responsible for thawing frozen water service pipes. 9. With the exception of the installation and maintenance of the water meters, the Municipality will do no work on private property. 9. Maintenance of Water Meters 1. The user shall be liable to pay for any repairs to or replacement of any water meter damaged or removed from the premises while in the user's possession. 2. No person shall without authorization of the Water Superintendent be permitted to open, or tamper with any water meter, or with the seals placed on any water meter, or do any manner of thing, which interferes with the proper measurement of the quantity of water passing through such water meter. 8 3. If a water meter fails to register properly, the user shall be liable to pay the average consumption rate for a similar period as shown by the water meter when it was in good working order. Where the water meter is equipped with a remote meter reading system and a discrepancy occurs between the reading at the register of the water meter itself and the reading on the read-out-device, the Municipality will deem the reading at the water meter to be correct, and will adjust and correct the user's account accordingly. 4. The user shall be responsible for maintaining all valving associated with the water meter in good working order and shall ensure that such valving is accessible. 5. If, in the opinion of the Water Superintendent the condition of the water service pipe or valves on such piping is such that the water meter cannot be safely removed for the purpose of testing, replacing, repairing or testing in place, the Water Superintendent may order the user to make such repairs as may be necessary to facilitate the removal or testing of the water meter. If upon notice, the user does not comply with the order, then the water supply to the property may be turned off at the water shut off valve during removal, replacement, repair and testing of the water meter and the Municipality shall not be responsible for any damages to the user's property arising from such work or discontinuance of the water supply. 6. If a user requests verification of a meter reading because of a high bill and the reading is found to have been incorrect, there will be no charge. If the reading and billing are correct and the high bill has been caused from an internal problem such as a leaking toilet, a service call fee as per the "Fees & Charges By-law—Water & Sewer" will be charged to the user. 7. Any leaks which may develop at the water meter or its coupling shall be reported immediately to the Municipality. The Municipality shall not be held responsible for any damage resulting from such leaks. 8. The inside meter reading will be checked every five years to ensure that the remote reading is accurate or that there has been no tampering with the meter. The inside meter reading shall be the reading to calculate the consumption in any billing dispute. 10. Operation of Water Works Distribution System 1 . No person except the Water Superintendent shall open or close or cause or permit to be opened or closed any valve in the water works 9 system, or remove, tamper with or in any way interfere or cause or permit to be removed, tampered or interfered with any valve, water meter, hydrant, structure, water main, water service pipe or water service valve in the water works distribution system. 2. No person shall in any way conceal, interfere with, construct or maintain anything or cause or permit to be concealed or interfered with or constructed or maintained anything which has the effect of concealing or interfering with access to a fire hydrant. 3. Fire hydrants shall be completely clear of all vegetation or obstructions within two metres from the outside edge of the hydrant. 4. No person except the Chief of the fire department of the Municipality or the Water Superintendent shall open or close or cause or permit to be opened or closed a fire hydrant or use or cause or permit the use of water from a fire hydrant from the water works distribution system. 5. No person shall draw water or cause or permit water to be drawn from a private fire protection system, except for fire protection purposes, or for fire protection related activities. 6. The Municipality may upon reasonable notice discontinue the water supply from the water works distribution system at any time for cleaning, repairing, replacing or connecting of mains and service pipes. 7. The Water Superintendent may, without notice, temporarily discontinue the water supply to any premises where, in his or her opinion, the continuation of the water supply might be dangerous or cause damage to persons or property. 8. The Municipality will not be responsible in case of damage to boilers, fittings or other property or injury to persons by reason of any shutdown of the water supply, even in cases where no notice is given by the Water Superintendent. 11. Cross Connections and Backflow Prevention 1. No person shall connect, or permit any piping, fixture, fitting, container or appliance, to remain connected to the water works distribution in a manner which under any circumstances, may allow non-potable water, waste water, or any other liquid, chemical or substance to enter the water works distribution system. to 2. Where any liquid, chemical or substance has entered the water works distribution system, the Water Superintendent may immediately carry out an inspection and may issue such order or orders to the user as may be required to obtain compliance with subsection(1). 3. If the user to whom the Water Superintendent has issued an order fails to comply with the order issued under subsection (2), the Water Superintendent at his or her discretion, may discontinue the water supply without prior notice. 4. Notwithstanding subsections (1), (2), an (3), where in the opinion of the Water Superintendent, a risk of possible contamination of the water works distribution system exists, a user shall, on notice from the Water Superintendent install on the water service at the source of potential contamination a cross connection control device, approved by the Municipality, in addition to any cross connection control devices installed in the user's water system. 5. All cross connection control or backflow prevention devices shall be selected, installed and maintained in accordance with By-law 2002-62 as amended. 6. All cross connection control devices shall, at the expense of the user, be inspected and tested as per By-law 2002-62 as amended. 7. The Water Superintendent shall be allowed access, upon reasonable notice, to any premises that are connected to the water works distribution system for the purpose of performing an inspection to locate possible cross connections. 8. Where the user does not provide access referred to in subsection (7), the Water Superintendent may issue a written notice to the user requiring that access be provided within seven(7) business days. If access is not provided within this period, the Water Superintendent may, at his or her discretion, discontinue the water supply to the premises until such time as the access is provided. 12. Water Rates and Water Charges 1. The water consumed on all premises in the Municipality shall be charged for as indicated by the water meter on each respective property and at rates established by the Council in accordance with Fees & Charges By-law—Water & Sewer Rates as amended from time to time. Cemeteries that have a water service with no meter shall be 11 billed the monthly service charge for water only as per the Fees & Charges By-law-- Water& Sewer Rates as amended from time to time. For multi-unit buildings with one service connection to the property the user will be billed a minimum service charge for each unit in addition to the charge for consumption. 2. Sewage charge exemptions: (a) Pool filling — user that take meter readings before and after filling their pools will be exempt from sewage charge on amount used (b) Industrial users — all process water that is not returned to sewage system shall be exempt (c) Cemeteries — shall be exempt from sewage charge 3. Water accounts may be rendered monthly, bi-monthly or on any other basis established by the Council from time to time. All meters will be read during the last two weeks of each month as per agreement with the meter reading company. Water and sewer invoices will normally be due in the last week of the month following the month in which the meter is read. The due date may have to change due to statutory holidays. If this is the case the Administrator will approve the change. Payment may be made at the Municipal Office at 22413 Hoskins Line, by mail to Box 490, Rodney, Ontario, by pre-authorized payment, by telephone banking, ATM, online banking or at various banks. 4. A final reading from the meter itself must be obtained when an owner vacates a property. Users must provide access to the water meter for final reading purposes. Users must notify the municipality forty- eight(48) hours in advance of a required final read and make arrangements for entry to the building. • Special reauirements re tenants :"The Municipality shall notify the owner of a reauest for a final read by a tenant (See Appendix Form fi) Effective the day followina the final read on a tenant occypied property the responsibility for the water service shall revert to the owner of the property as listed on the latest revised assessment roll unless otherwise directed by the owner." 5. The water disconnection policy is as follows; • Water disconnections and reconnections will only be done during regular business hours (8:30 a.m. to 4:30 p.m., Monday to Friday) • water services will be disconnected for non-payment starting at 11 a.m. on disconnect day • if payment of arrears has been made by mail, ATM, internet banking, telephone banking or at a local bank branch it is the 12 responsibility of the user to notify the office immediately due to external processing time delays • once water department staff has been dispatched and are in attendance at a user property— services will be disconnected with no exceptions • Water Department Staff are not authorized to accept payments from users • Arrangements for water arrears payments must be made at the office prior to reconnection. 6. The water supply to a premise may be discontinued if the account for water supply has a balance of $100.00 or more. Unless the user is a high user the $100.00 will be an average of two months or more billing. The cost of disconnection and reconnection of the water supply shall be added to the account and the account shall be paid in full before the water supply is reinstated. 7. An arrears notice will be sent by pre paid first class mail to all account holders with a balance of $100.00 or more. The notice shall be sent out ten days after the billing due date. An additional five days is given for payment. If payment is not received the water service is disconnected. Arrangement may be made for payment over a short period of time. If the customer is in default during this period the water service is immediately disconnected. 8. Where an account for metered water and sewage rates or expenses incurred in the repair of water services, meters, fixtures and all other appurtenances connected with the water service, or for damage to same or for any other charges, fee or cost imposed under this by-law is in arrears, the Municipality may transfer the amount remaining unpaid for that property to the collector's roll and collect the amount in the same manner as taxes and subject to the same interest and penalties as for taxes. 9. All other water and sewage service connections shall be installed on an actual cost basis, plus fees for a water meter, remote read, inspections, surface restorations and engineering. 10.Water used from a water service connection pursuant to subsection 3(6) during the construction phase of a building, prior to occupancy, is required to be metered. The user shall pay the cost of this water at the rates charged as established by the Council from time to time, to the cost of the user's water service connection. 13 11 .A security deposit will be required as per the "Fees & Charges By-law - Water & Sewer" for all customers who reside outside of the municipality for use of the Water Dispensing Station. The deposit shall be cashed by the Municipality with no interest accruing and may be used to pay down outstanding water accounts. The deposit shall be retained by the Municipality until the account has been terminated. 12.Service fees are charges for those that are "user specific"- that is services that are not a benefit to the whole user base. These fees are as per the "Fees and Charges By-law-Water Department" as amended from time to time. 13. TENANTS - SECURITY DEPOSITS 1. _A security deposit is required from aff tenants unless Form 5 is signed by the owner. 2. A securi de osit is not re uired from the roe owners provided that the water/sewage account is paid in a timely manner. A deposit could be required from any customer who is consistently late with payment 3. Credit references from previous utilities are not an acceptable alternative to the security deposit. 4. Secgq deposits shall be cashed by the Munici ali with no interest accruing and may be used to pay down outstanding water/sewage accounts. 5._._ Other than in very exceptional situations, the security deposit must be paid before water is connected and the account chanced from the property owner's name to the tenant's name. 6. Under exceptional circumstances arrangements could be made to pay the deposit over a period of time. In this situation, however, service disconnection would be possible if the customer does not pay the agreed upon amount each month. 7. The deposit amounts are as ioer the "Fees & Charges By-law- Water& Sewer". 8. Customers who have given a securi deposit in the amount of $100.00 and who have had their water disconnected shall prior to having their water re-connected pay an additional amount in accordance with the "Fees & Charges By-law- Water& Sewer". 14 9. A security deposit is required regardless of whether the tenant is the owner of another property in the municipality. 10. The owners of properties with tenants be notified by pre-paid first class mail of their legal responsibilities under the Act— that they are responsible for arrears of water/sewage bills in the tenants name 14. Penalties and Offences Every person who contravenes or causes or permits any contravention of any of the provisions of this by-law is guilty of an offence pursuant to the Provincial Offences Act and on conviction is liable to a fine of not more than $5,000.00 exclusive of costs. 15. Repeal By-Law No. as amended, is hereby repealed. Enacted this 15 Municipality of West Elgin OP PO Box 490, 22413 Hoskins Line ,P Rodney, Ontario Q ' " NOL 2C0 U x f17 519-785-0560 a phone w 7 s 9 s 519-785-0644 fax LANDLORD CONSENT FORM Re: Address: Account No: Tenant Name: I (owner) authorize the Municipality of West Elgin to change the above—noted account into the tenant's name. $200 Deposit Required $200 Deposit Waived I understand that I am responsible for this account in any way, even if a customer deposit is paid by the tenant or if the deposit has been waived, as per Section 398 of the Municipal Act, 2001 , and Section 31 of the Public Utilities Act. Date: Signature: FORM 5 MUNICIPALITY OF WEST ELGIN PO BOX 490, 22413 HOSKINS LINE RODNEY, ONTARIO NOL 2C0 519-785-0560 —PHONE 519-785-0644—FAX FINAL READING REQUEST NOTICE PLEASE BE ADVISED THAT HAS REQUESTED (Tenant's Name) FOR A FINAL READING TO BE TAKEN ON AT (Date) (Address) PLEASE NOTE THAT AS A LANDLORD YOU ARE RESPONSIBLE FOR THIS ACCOUNT IN ANYWAY AS PER SECTION 398 OF THE MUNICIPAL ACT, 2001. (FORM 6) 06/26/12 0 �SY,,aP4Ng �� CORPORATION OF THE MUNICIPALITY OF WEST ELGIN a�oPg 'a a m APPLICATION FOR WATER SERVICE a PART I NAME; ACCOUNT NO.: The undersigned, herein called the Customer, hereby requests the Municipality of West Elgin herein called the Corporation, to supply water service to the Customer at the premises described as: and owned by OCCUPANCY DATE: CONDITIONS 1. The authorized rates may be revised by the Corporation from time to time and are as per the"Fees and Charges By-Law-Water&Sewage". 2. The Customer agrees to provide convenient and safe space, flee of charge or rent, for the Corporation's meters,wires and other appliances on the said premises, and further agrees that no one who is not an employee of the Corporation shall be permitted to remove,inspect or tamper with any of the said equipment, and that the properly authorized employees or agents of the Corporation shall, at all reasonable hours, have free access to the said premises for the purpose of reading, examining, repairing or removing the said meters,wires and other appliances. 3. Meters and all other equipment of the Corporation on the said premises shall be in the care and at the risk of the customer, and if destroyed or damaged,other than by ordinary wear and tear,the Customer shall pay to the Corporation the value of such meters and equipment, or the cost of repairing or replacing the same. 4. If at anytime a bill for service, water or sewage under this contract is in arrears or if the Customer fails to perform any other obligation hereunder, the Corporation may, in addition to all other remedies, discontinue the service and/or terminate the contract, and upon such termination the Corporation may remove the meters and the equipment installed by it on the Customer's premises. 5. The Corporation agrees to use reasonable diligence in providing a regular and uninterrupted service, but does not guarantee a constant service or the maintenance of unvaried supply and will not be liable in damages to the Customer by reason of any failure In respect thereof. 6. This contract shall not be binding upon the Corporation until accepted by it through its officer, and shall not be modified or affected by any promise, agreement or representative by any agent or employee of the Corporation unless incorporated in writing into this contract before such acceptance. 7. The Customer, if required by the Corporation to do so, shall deposit with the Corporation a sum in accordance with the Corporation's policy at the time,as security for the performance of the Customer's obligations under this Contract. The Corporation reserves the right to require the customer to deposit an additional sum at any time as security as the Corporation deems necessary from time to time. 8. This contract shall be binding upon the parties hereto and their respective heirs, executors, administrators, successors or assigns, and the vacating of the premises herein named shall not release the Customer from this contract until such time as a final billing has been processed and the account paid in full. 9. The utility will make every effort to ensure bills are accurate; however, billing errors can occur. The utility reserves the right to collect under billed amounts at any time. Customer Name Customer Signature %a�,°°uto'-, CORPORATION OF THE MUNICIPALITY OF WEST ELGIN APPLICATION FOR WATER SERVICE m PART 2 t1 i M y 0 1. RESIDENTIAL ACCOUNT:#residing here: #of adults: Mailing Address: Telephone No. Names of adults here, other than applicant: Applicant identification: (Driver's licence#) Employer Information: (include name and either address or phone#) Previous Customer: yes no If yes, most recent address: If no, previous address: Lived there how long: 2. BUSINESS ACCOUNT:Name: Provide names of partners,only if business is NOT limited or registered: Home Phone#: Business Phone A 3. THE ABOVE INFORMATION IS TRUE AND CORRECT. I HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS CONTRACT. Signature Date OFFICE USE ONLY Accepted by: Deposit: $ ARREARS TO BE WRITTEN OFF T --_ AS OF JULY 16,26U -- - - ---- WATER DEPARTMENT ACCOUNT NO AMOUNT DESCRIPTION 001.990. 0 $17.01 FROM 2 38 004110125-DECEASED 001.995.130_ $52.38 FROM 2008111108-TENANT-WATER STATION USE _ 001.094.390 $53.14 FROM 2003109109-LOTS THAT ARE NOW DEVELOPED, NEW OWNERS --- TOTAL $122.53 -- - - - - lToronof Fernando Lantanna, BA East Gwillimbury Deputy Clerk Legal and Council Support Services 905-478-4282 x1240 flarnanna @eastgwillimbury.ca June 28, 2012 Association of Municipalities of Ontario (AMO) Attn: Monika Turner, Director of Policy copy 200 University Ave., Suite 801 'Toronto, OntarioM5H 3C6 Dear Ms. Turner: For your information and records, at its regular meeting held Monday, June 25, 2012, the Municipal Council of the Town of East Gwillimbury adopted the following resolution #02012-326; WHEREAS the Ministry of the Environment (M O.E) is currently establishing guidelines for municipalities to use regarding the quality of fill imported to a receiving site; AND WHEREAS this only partially addresses Council resolution 02011-476,passed Monday, November 21, 2011; BE IT THEREFORE RESOLVED that the Province, through the M O.E., he requested to establish regulations and a ,Provincially regulated approval process to govern the quality of fill imported to a receiving site other than for the purpose of Brownfield redevelopment; AND FURTHER, THAT the Clerkforward copies of this resolution and resolution C2011- 476 to York-Sim coe MPP, Julia Munro, the Ministry of the Environment, the Association of Municipalities of Ontario and all Ontario Municipalities for their consideration and action. Please find enclosed a letter dated December 6, 2011 addressed to AMO, which represents resolution 02011-476 originally passed by Council on November 21, 2011. If you have any Awther questions feel free to contact the undersigned. Yoedo u Lamanna, BA Clerk Legal and Council Support Services Cc; The Honourable Jim Bradley, Minister of the Environment Julia Munro, MPP, York-Simooe "Our town, Our future" 19000 Leslie Street,Sharon, Ontario LOG I VO Tel; 905-478-4282 Fax: 905-478-2808 www.eastgwil limbury.ca rvO+rvo m C R4UdIClPpUtyCFU ' RECEIVED CK JUL w 3 2012 �O r Fes' V+J v a E a o C V y w� X �� aZ av A �Z m "a _ The Western Elgin Interactive Showcase o � a� ° m o v` g d N D 10 Octo6er 20, 2012 Dutton Community Centre 8:00 am— 1:00 pm June 20, 2012 Mayor& Councillors Municipality of West Elgin P.O. Box 490 22413 Hoskins Line Rodney, ON NOL 2C0 Dear Mayor Wiehle & Councillors: On behalf of the Municipalities of West Elgin and Dutton/Dunwich, I a writing to request support for the fourth annual Community Expo: Experience Our Gems—The Western Elgin Interactive Showcase This year's event will be held in Dutton/Dunwich on Saturday October 20,2032 at the Dutton Community Centre, from 8:00 am to 1:00 pm Based on the previous three years, we are anticipating that The Municipality of West Elgin will contribute the same level of funding as the partnering community has in the past. The $1100 commitment will help to support the design and development of a quality event for the community and those businesses who participate as exhibitors. I look forward to partnering with you and the community to make this a successful showcase event. Best Regards, ,e&4e�� Adrienne Bennett Chair, The Western Elgin Interactive Showcase �3 MUNICIPALITY OF GREY HIGHLANDS )ate: 14 May 2012 No: � Ouved By: Seconded By: THAT The Council of the Municipality of Grey Highlands has an uneasy feeling that the legal inve.stment.made and the resultant lack of success of this process.of trying to convince the current Provincial government that the loss of authority over Municipal road allowances(other than those given to Hydro one)is an unexpected removal of Municipal powers. THA T Council and its legal counsel read the Green Energy Act and could see no mention of the loss of Municipal authority over road allowances.. This.was further clarified as an Issue when International Power Corporation offered up a Road Use Agreement to the Muni.cfpalhy that offered up$50,000 per year for twenty years to waive Its rights to the control.of road 'n-'6es. THAT Council at the time did not want to succumb to what was considered an attempt to sell off Municipal powers and rejected the offer. THAT Council felt justified In not entering into this type of agreement and was surprised when the Ontario Energy Board gave a ruling that the Municipality had no control over its road allowances. IPC could proceed to use the road allowances without Municipal permission. The OES gave them the same powers as Hydro One. THAT Council proceeded to challenge this OES ruling. The DEB rejected the legal challenge and a subsequent appeal was sought from Divisional Court for a fair resolution. THAT the Divisional Court did not support the assertion of the Municipality and imposed legal costs of$20,000 to the Municipality. THAT the Provincial Government has allowed Municipal powers to be removed without a clear notice, direction or policy. BE IT RESOLVED THAT the Municipality of Grey Highlands ask the Province of Ontario to reimburse the taxpayers of this Municipality for funds ($20,000)paid to the Courts for the legal challenges that were made to clarify what was unwritten In the Green Energy Act concerning the loss of Municipal rights over the control of road allowances. THAT this resolution and its preamble be forwarded to the office of the Premier forpayment and be circulated to all Municipalities for their education and support. This should also be circulated to all MPP's and the Association of Municipalities of Ontario. r Recorded Vote Requested by: ..............................Yea.......Nay.... MAYOR alien, Paul Deferred Tabled Lost Carries! '<e, Dave =itzgerald, Wayne Declaration of Pecuniary Interest: -lalliday, Stewart Cell, David Disclosed his/herltheir interest(s), vacated he/her/their seat(s), vlcQueen, Paul abstained :iluorinn I vnn from discussion and did not vote tt r _ { s .. Mayor and Council UMICiPAU yO DrGTZLG,j4 Municipalities of the Province of Ontario JUN 2 7 2012 Dear Sirs and Madams: The Municipality of Lambton Shores has been receiving calls, emails, and Council delegations from citizens concerned with the health concerns regarding Electromagnetic Radiation (EMR) from close proximity to cellular towers. At the most recent meeting of Council, a resolution was passed, recommending changes to Federal guidelines for Telecommunication (cellular) Towers, and staff were directed to forward a copy of the resolution to all municipalities in Ontario and all Members of Parliament. A copy of the resolution that was passed is attached for your reference and support. Thanking you in advance for your consideration. Yours truly, On Carol McKenzie Clerk A Resolution recommending changes to Federal guidelines on health, siting requirements and municipal protocols for Telecommunication (cellular) Towers- Whereas the siting of cellular towers is under Government of Canada jurisdiction, the siting impacts municipal land use and social planning; And whereas: cellular service providers claim that they propose new towers to establish a high grade of service for cellular phones, the reality is the proposals are about building a comprehensive network for high data delivery to portable devices which in turn require broadcasting stronger radio frequency than for cellular phone service alone, And whereas: many citizens have brought forward their health concerns about Electro- sensitivity based on close proximity to cellular towers emitting stronger Electromagnetic Radiation (EMR) to Municipal Councils and Members of Parliament; And whereas: these health concerns have been given credence by International studies and reports on the possible carcinogenic results of longer term exposure to EMR as result of close proximity; And whereas: a Parliamentary Committee's examination of these health risks recommended immediate funding to studies by suggesting that there is not a clear consensus on the science; And whereas: the Precautionary Principle (PP) addresses the non-consensus by stating: Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost effective measures to prevent environmental degradation; And whereas: other nations have used the (PP) as a basis for adopting more stringent guidelines for the siting of cellular towers on the early evidence long term EMR exposure; And whereas: Safety Code 6, Industry Canada's guideline for exposure is based on 6 minutes exposure, is outdated and does not take into account long term exposure; And whereas: Municipal protocols enacted under Industry Canada guidelines to address local concerns are routinely ignored or overturned by an Industry Canada bureaucracy; And whereas: the exclusion of any public scrutiny to the siting of towers under 15m gives cellular providers a convenient tool that undermines any semblance of Municipal or citizen public input to the whole process; And whereas: it is important for all governments to put the welfare of its citizens first before corporate interests; And whereas: no Industry Canada regulation exists to enable Municipalities to enact Exclusionary Zones for Electromagnetic radiation. Therefore: be it resolved that the Council of the Municipality of Lambton Shores petitions the Government of Canada to employ the Precautionary Principle in addressing Health Concerns around the siting of cellular towers by: Adopting regulatory standards that reflect current international standards for Electromagnetic Radiation long term exposure and proximity to cellular towers. Funding and completing the necessary studies that would give assurances to citizens that EMR is a Health Canada priority. Recommending to cellular providers, that as good corporate citizens, voluntary withdrawal of all applications for new cellular tower siting in the system be done as a show of good faith while the new regulations take effect. Recommending to cellular providers, that as good corporate citizens, they prepare a nationwide plan to relocate all cellular towers that are within 200 m. of houses, apartments, daycare centres, healthcare centres and schools with government assistance. Partnering with municipalities to prepare a new protocol template to be used in the Industry Canada siting process that reflects good Health guidelines, International standards for EMR and practical land use standards and that this protocol be given full power of law. Adopting standard procedures for public process in the siting of any cellular towers under 15m. Adopting standard procedures and enabling legislation for Municipalities to enact Exclusionary Zones within their Official Plans and Zoning Bylaws for Electromagnetic Radiation; And that this resolution be forwarded to all Municipalities and Members of Parliament for their support. Passed by the Municipality of Lambton Shores Council on the 1St" day of June, 2012: 1(b THE TOWNSHIP OF 9-5 WOOLWICH BOX 158,24 CHURCH ST.W. ELMIRA.ONTARIO N38 2Z6 TEL.519-668-1547/648 Ex.519-664-2613 COUNCIUCAO/CLERKS FAX 819-669-1820 PLANNING/EPIGINEenING/BUILDING FAX 519-669-4669 FINANCE/RECREATION/FACILITIES FAX 519-669-9348 May 15, 2012 Association of Municipalities of Ontario (AMO) Attn: Julia Shiu 200 University Avenue Suite 801 __ . Toronto ON E d�, L D M5H 3C6 MAY 2 8 20112 Dear - __ - - For your information and records, the Council of the Township of Woolwich passed the following resolution on May 8, 2012: WHEREAS the Chemtura Public Advisory Committee (CPAC) is a committee of Council charged to act on behalf of the Township of Woolwich in a public advisory capacity working to ensure that the Elmira Municipal aquifer is cleaned up (remediated) so that the water quality meets the Ontario Drinking Water Quality Standards by the year 2028, AND WHEREAS CPAC is of the opinion that the 2028 water cleanup deadline is unattainable under the current remediation regime; AND WHEREAS chemicals at the Chemtura Canada Co./CIE site have and continue to cause ongoing contamination of the Municipal aquifer and further more have the potential to migrate into the streams and rivers which lead into the Great Lakes Basin; AND WHEREAS CPAC has agreed that since the pump and treat system on its own cannot ensure an appropriate level of protection to human health and the environment or complete the cleanup of the Elmira Municipal aquifer and Private Sector and Provincial funding is needed to ensure this source removal work will be completed; NOW THEREFORE the number one priority needs to be placed on the removal of source areas of contamination, be it resolved that CPAC requests the Township of Woolwich Council request the Ministry of the Environment to conduct a review of the funding formula set out in the October 7, 9999 Settlement Agreement between the Ministry of the Environment and Chemtura Canada Co./CIE to allocate additional funding for CPAC to conduct associated studies which would include, but not be limited to, costs for consultants, legal counsel, other experts as required to assist CPAC in its duties to ensure that Chemtura Canada Co./CIE and the Province satisfy all of the requirements in ensuring that the source removal activities are completed in a timely manner; AND FURTHERMORE be it resolved that CPAC requests the support of the Council of the Township of Woolwich in terms of asking the Province to immediately establish a trust fund that will be utilized if and when the 2028 deadline for cleanup of the aquifer is not met; "Proudly remembering our past; Confidently embracing our future." AND FURTHER THAT this resolution be forwarded to The Honourable Jim Bradley, Minister of the Environment; Gord Miller, Environmental Commissioner for Ontario; Harold Albrecht MP Kitchener Conestoga; Mike Harris, MPP Kitchener-Conestoga; John Milloy, MPP Kitchener Centre; Dalton McGuinty, Premier of Ontario; The Region of Waterloo; and to all municipalities in Ontario for support. If you have any further questions please contact the undersigned. Sincerely, X"-Ct4� Christine Broughton Director of Council and Information Services 1 Clerk DISCLAIMER This material is provided under contract as a paid service by the originating organization and does not necessarily reflect the view or positions of the Association of Municipalities of Ontario(AMO), its subsidiary companies,officers, directors or agents. ST. THOMAS - ELGIN ONTARIO WORKS 423 Talbot Street St. Thomas, Ontario NSP ICS fr V S �y �. May 25, 2012 Doug Staddon, President and Members of the Board of Directors West Lorne Heritage Homes Charitable Corporation 17- 154 Munro St. West Lorne,ON NOL 2P0 Re: Maximum Income Threshold- Heritage House Dear Mr. Staddon and Members of the Board of Directors: This response is provided with reference to a letter dated April 27,2012 from your lawyer Stephen Gibson concerning the matter of non-compliance with required income eligibility criteria. Given that the tenants in Unit #9 were housed because of an administrative error on the part of the Property Manager for Heritage Homes and not because of the tenants' misrepresentation of income, it seems unreasonable and unfair to the tenants to attempt to terminate the tenancy at this point. In fact,as is pointed out by your lawyer, successful termination of the tenancy may be unlikely as there are no legal grounds to do so on the basis of their income level alone. As such, the City, without precedence and by exception, will not require the Corporation to pursue termination of this tenancy. Mr. Gibson proposes other solutions to correct the default, including a consensual increase in rent to full market value. In accordance with the Service Manager Contribution Agreement between Heritage Homes Charitable Corporation and the City of St. Thomas, rents are required to be at or below 80%of the CMHC Average Market Rent(AMR) for the area. The current AMR for the London Area is$710 for one-bedroom units. 80%of$710 is $568. It is recommended the Board consider increasing the rent for Unit 99 from the current level of$524 to$568, with the tenant's consent. As this would constitute an increase greater than the Residential Tenancies,4cl allowable maximum rent increase of 3.l% for 2012, the Board is advised to consult with Mr. Gibson for assistance with the process of implementing the increase. At the same time, if it hasn't already done so,the Board may decide to increase the rents of all other units in the complex at the 2012 maximum rent guideline increase of 3.1%as long as rents do not exceed 80%of the average market rents for the London Area as outlined on the attached schedule and in accordance with the terms of the Contribution Agreement. Despite consideration of this option to increase the rent for Unit 1#9, the corporation remains in breach of the terms of the Contribution Agreement with the City. The terms of the Agreement supercede any other agreements Heritage Homes Charitable Corporation has entered into, including the assisted living agreement with West Elgin Community Health Centre. The Board is reminded that Affordable Housing Program funding in the amount of$1,167,892 was approved for Heritage House in order to provide affordable rental accommodation for medium-to-low-income households only. Household incomes must be below the established income thresholds, as outlined in the Agreement, when tenants first move in to the complex. To this end,a copy of the Corporation's draft"Tenant Application Procedure" was forwarded to this office by your lawyer. It is acknowledged the procedures will help to ensure that unqualified tenancies are not awarded in the future. It is recommended the following requirement be added to the procedures to provide further due diligence by the Board: ,In applicant's current household income will he verifietl by the Board of Directors hefore tin of]Zr of horsing is matle, an ostler to ensure that the total household gross income does not exc•ee(Ifive times the monthly rent at time gf)nove-in. The City is satisfied that Heritage Homes Charitable Corporation has taken steps to ensure a similar situation will not recur. As such, the City will take no further action at this time. However, the Board is reminded that any future breaches of the agreement will not be tolerated,and the City will take steps to enforce remedies permitted under section 10 of the agreement. The Board's prompt attention and proposed resolution to the issue identified has been appreciated. Should you have any questions, please don't hesitate to contact me directly at 519-631-9350 ext 126. Sincerely, Elizabeth bestyen Housin A ministra St. Thom s-Elgin Ontario Works Department cc: Bernie Wiehle, Mayor, Municipality of West Elgin Joanne Groch, Administrator/Treasurer, Municipality of West Elgin Barbara Arbuckle, Director, Ontario Works& Social Housing Average Rents in Ontario For Apartments— 2011 (For 2012 Rents) Privately Initiated Apartment Structures With Three or More Units By Bedroom Types CMA/CA Bachelor 1 Bedroom 2 Bedroom 3+ Bedroom Total Ontario 741 1866 $1,002 $1,234 945 No Census Metropolitan Areas 1 Barrie 681 884 $1,001 $1,126 958 2 Brantford 654 1726 792 900 769 3 Greater Sudbury 540 712 881 994 807 4 Guelph 620 797 903 $1,OL6 867 5 Hamilton 549 722 884 $1,133 813 6 Kingston 623 804 965 $1,2L5 905 7 Kitchener 608 751 889 $1,0 10 842 8 London 533 710 881 $1,053 808 9 Oshawa $669 $819 $941 $1,075 $906 10 Ottawa-Gatineau(Ont. Part) $727 $899 $1,086 $1,322 $976 11 Peterborough $610 $769 $899 $1,122 $861 12 St. Catharines $555 $699 $833 $926 $785 Niagara 13 Thunder Bay $518 $641 $772 $959 $716 14 Toronto $819 $977 $1,149 $1,349 $1,066 15 Windsor $482 $625 $753 $880 $669 Census Agglomerations 1 Belleville $599 $735 $840 $948 $807 2 Brockville $535 $645 $758 $802 $713 3 Centre Weliln ton $605 $691 $805 $916 $769 4 Chatham-Kent $456 $590 $679 $670 $643 5 Cobour $583 $745 $883 1.077 $856 6 Collin wood $672 $751 $868 $844 $812 7 Cornwall $517 $592 $700 $739 $663 8 Billot Lake $403 $476 $545 $639 $531 9 Hawkesbu $541 $560 $646 $673 $621 10 Ingersoll,Town n/u $683 $721 ** $710 11 Kawartha Lakes $560 $788 $943 $1,074 $866 12 Kenora $424 $614 $757 ** $693 13 Leamington $498 $649 $743 $897 $709 14 Midland $530 $687 $795 $919 $743 15 Norfolk $515 $571 $628 $763 $614 16 North Bay $527 $659 $802 $946 $737 17 Orillia $610 $769 $873 $951 $821 18 Owen Sound $510 $651 $787 $824 $727 19 Pembroke $514 $593 $725 $893 $681 20 Petawawa n/u $542 $660 $625 $618 21 Port Hope $517 $820 $919 $1,224 $880 22 Sarnia $553 $643 $761 $984 $705 23 Sault Ste. Marie $444 $581 $719 $784 $668 24 Stratford $523 $642 $778 $890 $730 25 Temiskamin Shores $448 $559 $621 $788 $596 26 Tillsonbur $511 $604 $720 $813 $679 27 Timmins $487 $638 $788 $934 $735 28 Woodstock $541 $658 $826 $761 $756 Source: Canada Mortgage and Housing Corporation, 2011 Rental Market Survey. Data not available. N/U -No units of this type in the universe. **Data has been suppressed by CMHC due to lack of statistical reliability. N/S-No units exist in the sample for this category. �7 Anna Kinastowski, B.A.,LL.B.- a-TORONTO City Solicitor Legal Services Metro Hall,26th Fl.,Stn.1260 55 John Street Toronto,ON M5V 3C6 Tel. 416-392-8047 Fax 416-397-5624 `certified by the Law Society as a specigiisl in Municipal Lau: Local Government I Land Use Planning&Development Reply to Angus MacKay,BA,JD Fite No.8426 852 9219 2011 Litigation section Tel 416397-4019 Fax 416392-1199 E-Mail amackay2®loronto.ca Environment and Land Tribunals Ontario BY EMAIL Ms Lynda Tanaka,Executive Chair 655 Bay Street,suite 1500 Toronto,Ontario M5G IE5 June 5,2012 Dear Executive Chair Tanaka: RE: Amendments to the Assessment Review Board Rules of Practice and Procedure The City of Toronto has had an opportunity to review the amendment to the Board's Rules to award costs. All municipalities are statutory parties to Assessment Act appeals.The Board sends to the City notice of all assessment appeal hearing events;in the normal course,however,the City,like many other municipalities,opts not to participate in all of these appeals.Thus the City requests that a practice direction be added to Rule 144 clarifying that if a municipality is,or has not, participated in an appeal,then costs will not be awarded against the municipality.An example of the potential issue is Rule 1448,paragraph(a),where the Board,in determining if a party has acted unreasonably,may consider"a party failing to attend a hearing before the Board or to send a representative when properly given notice,without contacting the Board and other parties to the hearing." Thank you, —k 7 Angus MacKay Lawyer ELECTRONIC SIGNATURE CC City of Toronto,Revenue Services Division Shirley Lee Collins,Registrar Assessment and Valuation Clerks for municipalities in Ontario Counsel and paralegals for property owners MPAC and counsel for MPAC Environment and Land Tribunals Tribunaux de Venvironnement et de Ontario I'amenagement du territoire Ontario 655 Bay Street,Suite 1500 655 rue Bay,suite 1,900 TorontnON M50 1E5 Toronto ON M5GIE5 Telephone: (416)326.6376 Telephone:: (416)326-5376 Fax: (416)328-3934 Teiecopleur. (416)326-3934 fttario By E-Mail Only June 28,2012 Mr. Angus MacKay Lawyer City of Toronto Legal Services Division/Litigation Section 26th Floor, Metro Hall, 55 John Street Toronto, ON M5V 3C6 Dear Mr. MacKay: Thank you for your email and letter of June 5, 2012 requesting a practice direction relating to the Assessment Review Board (ARB) Costs Rule providing that if a municipality has not participated in a hearing, costs will not be awarded against it. Each request for costs will be considered on -its own facts and within the specific jurisdiction provided to tribunals under the Statutory Powers Procedure Act and in the new ARB Rules. Jt would not be appropriate for me to attempt to fetter the discretion of an adjudicator with such a practice direction. In order to address any concerns respecting non participation of municipalities, a municipality can take steps itself to address any risk of a costs award. It would certainly be open to a municipality, for instance, to formally waive their right to participate in a particular matter before the ARB, or provide the ARB with a blanket waiver of notice. Thank you for raising this concern. Yours truly, Lynda Tanaka Executive Chair cc: ClerkslTreasurers of Municipalities City Solicitors, GTA Municipalities Participants of Fall 2011 ARB Stakeholders Consultation �S *dM Muscular il D stro hie - DystrophyCanada �;i muscula ire eCanada May 31, 2012 West Elgin (West Lorne Station 2) Fire Department CIO Luke Rastapkevicius, Muscular Dystrophy Canada Chairperson 10407 Dunborough Rd RR#3 Dutton, ON NOL UO Dear Luke, Last year Canadian Fire Fighters raised $2.9 million for Canadians affected with muscular dystrophy and we are thrilled to inform you Ontario Fire Fighters raised more than 40% of that amount. The combined efforts of 262 Ontario Fire Departments/Associations and their members raised $1,161,000 during our past fiscal year which ran April 1$t, 2011 - March 31St, 2012. Congratulations! Thank you to the members of West Elgin (West Lorne Station 2) Fire Department for your dedication and commitment. Your generous gift of$2,054.98 during this past year is helping to change the lives of those affected. Because of our support, our organization was able to assist families across Canada in the areas of support, education, equipment, advocacy and research. Fire Fighters have been a part of Muscular Dystrophy Canada for over 55 years and have pledged their support until a cure is found. Fire Fighter fundraising continues to be our largest and most significant source of revenue and we are proud to be affiliated with you. To date Canadian Fire Fighters have raised over $70 million. We are so fortunate to have you on our team. Again, on behalf of Muscular Dystrophy Canada and the thousands of Canadians affected, thank you! Should you have any questions or if I can be of any assistance, please do not hesitate to contact me at (613) 232-73341 1-866-337-3365 ext. 225 or e-mail pamela.musgrave @muscle.ca. Warmest Regards, TLS Pamela Musgrave Senior Regional Manager CC: Mayor Bernhard Wiehle, Municipality of West Elgin Ontario&Nunavut Region,Ottawa Community Office: 150 Isabella St.Suite 215,Ottawa,ON K1 S 1V7 T 613.232.7334 1.866.337.3365 F 613.567.2288 W muscle.ca A SPECIAL THANKS TO FIREFIGHTERS AND CHAPTER VOLUNTEERS FOR THEIR OUTSTANDING WORK IN MOVING MUSCLES FOR MORE THAN 50 YEARS, Taxation Charity Registration Number 110775 5837 RR0001 a' M Al",Ito June 6th, 2012 The Honourable James J. Bradley Minister of the Environment 77 Wellesley Street West 11th Floor, Ferguson Block Toronto, ON M7A 2T5 Dear Sir: RE: SOURCE WATER PROTECTION PROGRAM At a meeting held on June 4, 2012,the Council of the Town of Minto approved the following Resolution # 140-12: WHEREAS the Province of Ontario initiated the Source Water Protection Program in 2007 with a view to developing policies to protect sources of drinking water and since then economic and regulatory conditions have changed considerably; AND WHEREAS municipalities have implemented extensive changes to water treatment processes from top to bottom through the Drinking Water Quality Management System to ensure a consistent and safe water supply for all users; AND WHEREAS in the course of four years detailed technical assessments have been completed for 40 Source Protection Areas governed by 19 Committees with local representation and that public information and outreach has been considerable yet public understanding of the impact of the regulatory approach is minimal; AND WHEREAS Source Protection Plans have been prepared in draft form and provided for agency review often with a confusing array of policies, options and references to existing legislation in some cases where processes and approvals are already In place,and that approach will lead to 594L Highway 089 less than effective implementation and duplication; Ilarrisron,Ontario NOG 1Zo AND WHEREAS in some cases small rural municipalities may have more tel: 519-333.251: than one Source Protection Plan to implement which adds to the complexity Pax: 519-33 8 2005 of Implementation and most smaller municipalities do not currently have www.town.min to.011.Ca. resources or expertise on staff to effectively review the policies or to act as M0 ' .:» - 7i_�::_7s'• __..e�.-.____.. .'r-""k'K...:._ _.::sis:;�= .e5-.�;:k �:i. 4.x_.___.��,_: .a�,e';. ..tv z .. -vc:*_3." `.�x?r.�z.- MUNICIPALITY Wr-L$T JUL - 4 2012 cl l ���. Ontario,CanadCTautugre A Heritage and June 27, 2012 Association of Municipalities of Ontario #801-200 University Avenue Toronto, ON M5H 3C6 To All Ontario Municipalities: The Council for the Town of Ingersoll supported the following resolution from CAW (Canadian Auto Workers) at their regular meeting on June 11, 2012: WHEREAS the Canadian Auto Industry has seen significant job loss over the past decade. Almost 40, 000 jobs have been lost since the industry's peak in 2003; and WHEREAS over 100,000 Canadians are presently directly employed in the Canadian Auto Industry; and WHEREAS Canada has lost two more light vehicle assembly plants during the years since the financial crisis hit: The General Motors pickup truck plant in Oshawa (closed in 2008), and the Ford car assembly plants closed in Canada since the turn of the century; and WHEREAS in Canada we are scheduled to lose another light vehicle assembly plant within the next year; the General Motors Consolidated plant in Oshawa in June 2013 that will result in the loss of over 2,000 good jobs; and WHEREAS in 1999 Canada's auto exports exceed our imports by $15 billion. This positive trend has ceased beginning in 2006. Last year the automotive trade deficit reached an all-time record of $15.6 billion; and WHEREAS the Town of Ingersoll recognizes the importance of Canadian Auto Industry to local, provincial/territorial and national economies; and THEREFORE, BE IT RESOLVED that the Town of Ingersoll will work to keep good jobs in our communities by: • Adopting the "Re-thinking Canada's Auto Industry: A Policy to Escape the Race to the Bottom" which includes Taking the Good jobs Pledge; and • Calling on the federal, provincial and territorial governments to immediately implement a National Auto Policy to support Canadian manufacturing footprint long into the future, and to convene a National Jobs Summit to develop an overall strategy for keeping good jobs in Canada; and • Calling on Global Corporation to invest more in Canadian operations and good Canadian jobs; and • Sending this resolution to the Ontario Municipal Association and the Federation of Canadian Municipalities and any other relevant bodies for consideration and circulation. The Town of Ingersoll respectfully requests that all municipalities in the Province of Ontario consider supporting this resolution. Sincerely, ORIGINAL signed by Marsha Paley, MCIP, RPP, CMO Clerk/Deputy Chief Administrative Office DISCLAIMER This material is provided under contract as a paid service by the originating organization and does not necessarily reflect the view or positions of the Association of Municipalities of Ontario (AMO), its subsidiary companies, officers, directors or agents. COMMENT FORM { MAY 30, 2012 PORT GLASGOW SECONDARY PLAN PUBLIC INPUT AND COMMENTS ARE INVITED for incorporation into the planning and design of this project. Please contact Community Planners Inc. if you require additional information. Comments will be received for this part of the project until THURSDAY, JUNE 14, 2012. Mr. Gary Blazak c/o COMMUNITY PLANNERS INC. 399 Ridout Street North, London, Ontario N6A 2P1 Fax: 519-438-7770 E-mail: thalwa @communitypianners.com Name: Address: Postal Code: lVo Z_ Phone: SC / — Date: , Comments- 14'+41e'/5 /_-NE X�vi-o i w4s Pv3L►L' -fn rkvv,4- N&ce'5 ro St;r cr)�'T c eWJ1v51 a.) 4-At- S� �C LO :�C--•v( /Lb 9 InnE w �u� �� c,•, A&&,7'T° CY(5'�1 r2S s l P ,NG-SOS Cc Foe P15V'&4_P7"&T� ,QN(. � / /J�.,,d 5 0i'YJ j+1U eta C o J40-C" J.0 1b (j V.ri�ll�[y� t3 [ L��"-J NC�.C�.S ']� f3A�RG.SS f�i u� l�l!/C !T+"-' /'T��G+✓�� r:ViewtAJ6- r0116_kI_A7S o r S�t�P4�s L�)xro5 5'�-fv✓(-�'� �c ��`c �iviJS �olL �t�/�'L/C 1� �� �.p,�`'� C'ac,vC rL Sfft?r NGT XvF%l e r eAYUD J' Ufa 1 �C,�b C�11lEN f i IVY C�S'i '7 a j-H� . (/4A' 6' Fj4r�t� L � S✓�FAT S ✓ , ��®, � ,v� d- B�i+; i 7z�- !-/c ry r! L PLEASE PRINT 111 f¢-C L /VPf 2— G��=j� v� 7-0�G rtc c.� I '�t /®�o/cle �cl 1�L� Z�GJG. %d ��� ..� �aJ��1NG�.��� Sllii4(i�S' //✓ f�•�cff 4)C> �\G 9,'--' 4'.>_ i I/" - r v�GlG G X13 I'lUanbI`r,. apace to6 � The Corporation of the 'Gown of 'Tillsonburg June 28, 2012 Honourable Dalton McGuinty Premier of Ontario Room 281, Main Legislative Building, Toronto, ON M7A 1Z8 RE; COUNCIL Resolution— Business Tax Capping Reform At the Tillsonburg Town Council Meeting of June 25, 2012, Council passed the following resolution; Whereas the Province of Ontario first introduced mandatory"business tax capping" for the commercial, industrial and multi-residential property classes as a temporary reform mitigation program for the 1998, 1999 and 2000 taxation years; And whereas this"temporary" and "transitional" measure was succeeded by a permanent business tax capping program for the 2001 and subsequent taxation years; And whereas the 2012 taxation year will represent the fifteenth taxation cycle for which mandatory business tax capping has applied; And whereas the overall business tax capping scheme was introduced as a means of assisting taxpayers manage tax shifts related to Provincial Assessment and Property Tax reforms introduced for the 1998 taxation year; And whereas it has become evident over time that the protection provided under this program has been less related to the original impacts of reform and more so due to the ongoing impacts of subsequent assessment base updates; And whereas this program must now be seen as a redundant measure in light of the Province's successful four-year assessment phase-in program,which more effectively and equitably addresses assessment increases for all properties; And whereas this program now has only a marginal impact on a very limited number of taxpayers due to the County's careful and deliberate application of optional parameter and exclusion tools, and yet it remains a significant burden on the financial and administrative resources of both the County and local municipalities; Therefore be it resolved that the Town of Tillsonburg calls on the Government of the Province of Ontario to Amend Part IX of the Municipal Act, 2001 and supporting regulatory provisions so as to make the entirety of that Part(Business Tax Capping)optional at the discretion of each upper and single tier jurisdiction; and CORPORATE OFFICE 200 Broadway,2 Floor,Tillsonburg;Ontario,N4G 5A7,Telephone(S 19) 688-3009,Fax(S 19)842-9431 www.tillsonburg.ca That the Town of Tillsonburg calls on the Government of the Province of Ontario to make these changes and amendments effective for the 2013 taxation year to coincide with the pending reassessment and related four-year assessment cycle;and That the discussion paper"Allowing Municipalities to Opt Out of Business Tax Capping" prepared by Municipal Tax Equity(MTE)Consulting Inc., which speaks directly to this subject matter, and which addresses many of this Council's concerns, interests and preferences, shall be attached to,and shall form a part of this motion;and That copies of this motion,along with the above mentioned attachment, are to be sent to: Premier Dalton McGuInty; The Honourable Dwight Duncan, Minister of Finance; Honourable Kathleen O'Wynne, Minister of Municipal Affairs and Housing; Ernie Hardeman, MPP Oxford; Gary McNamara, President,Association of Municipalities of Ontario (AMO); Allan Doheny,Assistant Deputy Minister-Provincial Local Finance Division(Acting); Janet Mason,Assistant Deputy Minister-Local Government and Planning Policy Division, Minister of Municipal Affairs and Housing, The County of Oxford, Western and Eastern Warden groups, and all Municipalities in the province of Ontario, If you have any questions, please do not hesitate to contact me at 688-3009 Ext. 3224 Regards, Donna Wilson Clerk Development&Communication Services Town of Tillsonburg 200 Broadway,2nd Floor, Suite 204 Tillsonburg,ON N4G 5A7 Phone: 519-688-3009 Ext. 3224 CORPORATE OFFICE 200 Broadway,2°a Floor,Tillsonburg,Ontario,N4G 5A7,Telephone(519) 688-3009,Fax(519)842-9431 www.tillsonburg.ca CLIENT RESOURCE Discussion Paper Allowing Municipalities to Opt Out of Business Tax Capping Prepared by: Municipal Tax Equity (MTE) Consultants Inc. 12005 Steeles Avenue, RR #3 Georgetown, Ontario L7G 4S6 June 1, 2012 ©2012 Municipal Tax Equity Consultants Inc. =+�rrlwsL Ir, CLIENT RESOURCE Disclaimer and Caution The information, views, data and discussions in this document and related material are provided for general reference purposes only. Regulatory and statutory references are, in many instances, not directly quoted excerpts and the reader should refer to the relevant provisions of the legislation and regulations for complete information. The discussion and commentary contained in this report do not constitute legal advice or the provision of legal services as defined by the Law Society Act, any other Act, or Regulation. If legal advice is required or if legal rights are, or may be an issue, the reader must obtain an independent legal opinion. Decisions should not be made in the sole consideration of or reliance on the information and discussions contained in this report. It is the responsibility of each individual in either of a decision- making or advisory capacity to acquire all relevant and pertinent information required to make an informed and appropriate decision with regards to any matter under consideration concerning municipal finance issues. MTE is not responsible to the municipality, nor to any other party for damages arising based on incorrect data or due to the misuse of the information contained in this study, including without limitation, any related, indirect, special or consequential damages, r ©2012 Municipal Tax Equity Consultants Inc. t.rw.irii-Inv F•].✓.y L\::reaGep i� CLIENT RESOURCE Introduction and Purpose Leading into 1998, sweeping reforms to the property assessment and taxation system were introduced by the Harris Government under the auspices of a number of key goals. Primary among these was ensuring that the assessment of real property and taxation practices across Ontario would be more fair, consistent, and understandable for taxpayers. Despite this original conviction, when faced with widespread criticism of their initial efforts the Government of the day quickly introduced a mandatory tax capping program for business class properties for the 1998 through 2000 tax cycles, which became known as the 10-5-5, in a laudable attempt to ease the transition to the new property tax regime. Since these early days of reform, a variety of modified tax capping protection regimes have been implemented, replacing earlier successors with more permanent forms of relief. This tradition has created a long legacy of inequity within the multi-residential, commercial and industrial tax classes, which has effectively undermined the original goals of a stable, fair, transparent, and easily administered assessment and property tax system in the Province of Ontario. Since the initial implementation of business tax capping in Ontario, Municipal Tax Equity (MTE) Consultants Inc. has worked intently with property tax professionals and municipalities across the Province to meet the policy and administrative challenges of these demanding and complicated tax protection programs. MTE's involvement with capping has ranged from the development of critical educational materials and seminars, to the provision of ad-hoc expert assistance, to the development and management of our full service stand-alone capping program. To ensure that MTE's clients and the municipal community at large have had access to the most current and highest quality information and support, MTE has invested the time and resources required at every stage to ensure that our capping expertise evolved in-step with the program itself. This evolution has been deliberate in terms of capping program and calculation mechanics, the options available to municipalities, and the changing patterns of capping outcomes. From MTE's unique vantage point over the capping landscape, it has been possible to observe the history of capping unfold and have experienced its evolution at every stage. What has become particularly evident since the advent of CVA exclusion options in 2009 is that currently in many jurisdictions the actual impact of capping on the taxpayers' final liabilities has become marginal or non-existent. The capping program has diminished dramatically in importance, and is proving to have a material impact on fewer properties each year. The concern remains, however, that despite the limited number and magnitude of capping adjustments now being applied, the program as a whole continues to require significant time and resources to administer and manage. In light of the fact that so many municipal councils have adopted policy schemes aimed at minimizing the impact of capping to the greatest degree possible, it seems obvious that the next change to Ontario's capping policy, as currently set out under Part IX of the MunicipalAct, 2001, is for the Province to give municipalities the ability to Opt Out of the program in its entirety. Further, it may also be argued that 2013 is the most appropriate and opportune time for this change to be made. l� ©2012 Municipal Tax Equity Consultants Inc. 2 .Aaf:isi-o.F.•i:ry CLIENT RESOURCE The following discussion has been prepared to explore this issue in a systematic fashion. Ideally, it will ultimately serve to crystallize, summarize and articulate the municipal perspective. To this end, tax practitioners, decision makers and taxpayers are asked to carefully consider the comments and general themes set out below. Other insights to ensure that this policy option can be comprehensively analyzed and evaluated are both welcome and invited; this will ensure that the vast array of stakeholder interests in the property tax process are carefully considered and captured before any new policy scheme is developed and implemented. Overview of Business Tax Capping Legislation creating the mandatory "10-5-5"tax capping program was originally presented as a transitional measure to provide temporary tax protection for the 1998 through 2000 tax cycles. In 2001, however, the Province introduced additional property tax reforms that served to reinforce the prescriptive nature of the property tax policy environment in Ontario. At this time, tax capping became a permanent feature of the property tax landscape as the original, temporary 10-5-5 program was replaced on a Province-wide basis with a modified model known as the"5% limit on increases". In response to concerns about the mechanics and prescriptive nature of the business tax capping program, the McGuinty Government announced a series of reforms for 2005 and subsequent taxation years. These reforms introduced a number of capping options to be used at the discretion of single and upper-tier municipalities. The initial range of optional tools included: 1) the ability to increase the annual cap from 5% of the previous year's final capped taxes up to 10%; 2) setting a second limit for annual increases of up to 5% of the previous year's annualized CVA taxes; and/or 3) the establishment of dollar thresholds of up to $250 whereby properties with nominal capping adjustments could be moved directly to their CVA tax liability in any given year. The 2005 reform package attempted to balance the interests of those in favour of maintaining property tax capping against the call to give municipalities the flexibility to accelerate movement towards full CVA taxation for all classes of property where this was the local preference. The 2009 taxation year represented another in a long series of reform and reassessment cycles. In addition to a number of fundamental changes to the assessment system, which included the introduction of a four-year reassessment cycle coupled with a program to phase-in assessment increases, the Province gave municipalities the option to begin permanently excluding individual properties from capping by utilizing "stay at CVA tax"and"cross-over CVA tax"tools. Challenges at the Municipal Level Municipalities throughout the Province have devoted significant resources to ensure compliant and appropriate implementation of the mandatory tax capping program since its inception. The capping program has proven to be an administrative and budgetary burden because of the increased complexity it has added to the annual tax billing exercise and the management of any in-year tax adjustments required in response to assessment appeals, tax rebates or other events that demand that taxes be recalculated. 2012 Municipal Tax Equity Consultants Inc. 3 CLIENT RESOURCE Despite the burdens posed by the business tax capping regime, Ontario's municipalities have accepted the associated challenges and have demonstrated a high degree of local responsibility with respect to the shape and outcomes of this program as it applies to taxpayers. Since the original introduction of optional capping tools in 2005, municipal staff and decision makers have in the vast majority of cases shown a keen interest and willingness to capitalize on the various options provided by the Province in order to optimize local capping regimes and accelerate the greatest number of properties to their full CVA tax liability. In addition to the application of the core capping calculation options, municipalities have widely utilized the "new construction" constraint options, which ensures new or significantly improved capped class properties are subject to CVA tax. Based on our observations, the majority of municipalities across the Province have strategically and deliberately employed the mix of optional capping tools in each taxation year that proved to be the most effective in meeting their local capping objectives. For most, this has meant a marked decrease in the annual cost of capping protection being provided and a striking increase in the number of properties being taxed at their full CVA tax level (i.e. CVA multiplied by Applicable Tax Rates). This not only means that more tax bills are being issued without capping adjustments, it also means that when in-year adjustments are required, the end tax adjustment is most likely to be made in direct proportion to any change in assessed value. This is not the case for properties subject to either a cap or claw-back adjustment. Case for Capping "Opt-Out" Policy The increasing range of capping options provided by the Province since 2005 has been a welcome change from the more prescriptive environment, which characterized 2004 and previous years. Notwithstanding the current flexibility offered to municipalities to tailor their local capping programs, we believe that there is a significant consensus within the municipal community that it is time for municipalities to be given the ability to opt out of business tax capping entirely. The McGuinty Government has proven it values policies that place the responsibility for local property tax decisions with the level of government most directly responsible for levying the tax itself. The Government's policy changes surrounding capping options, tax ratio movement, and levy restriction rules (hard-capping), have all provided municipalities with greater autonomy to craft local tax regimes that truly reflect local priorities and objectives within a common set of Province-wide standards and criteria. The Government must now show its commitment to this trajectory, thereby making decisions with respect to the future of capping in our communities local responsibilities. It should also be noted that the case for giving municipalities the ability to opt out of business tax capping is based on factors that go far beyond the argument for local autonomy; it is also strongly rooted in the fact that this specific program is outdated, redundant, inherently inequitable, administratively cumbersome and confusing to the taxpayer. The most relevant and critical of the concerns and issues raised by this program are explored below. In sum, it is MTE's view that they create an overwhelming argument for the Government to make the continuation of capping a local choice. M' ©2012 Municipal Tax Equity Consultants Inc. 4 ,e,re:r.:r fry f?iry �ls•.i11u.1.sr. CLIENT RESOURCE Capping has been made Redundant by the Four-Year Phase-In Program In its original incarnation, the tax capping program was introduced as a means to provide business tax payers with temporary relief as they became acclimated to the Province's new property tax and assessment system. In subsequent years, however, the protection provided to taxpayers has been less related to the original impacts of reform and more so due to the ongoing impacts of subsequent assessment base updates. While prior arguments could suggest that its continuation was necessary so as not to remove or deny protection, this program must now be seen as a redundant measure in light of the Province's successful four-year assessment phase-in program, which more effectively and equitably addresses assessment increases for all properties. Capping Creates Inequitable Tax Treatment One of the central tenets of Ontario's property assessment and taxation system is that all properties are subject to a uniform valuation date, and that similar properties are to be assessed in a similar manner across the entire Province. While tax rates do fluctuate by jurisdiction and property class, the overall structure of the system is intended to ensure that properties that are similar in nature, value and use carry a similar portion of the overall tax burden. The marked exception from this goal is the mandatory tax capping program for business class properties. Under this system, two properties in the same municipality, assessed at the same value, can be subject to very different tax liabilities. While one may enjoy a large capping credit, the other could be forced to fund the cap with a tax liability in excess of what its CVA and prevailing tax rates would otherwise suggest. In another instance, one property may be eligible for capping protection going into the 2013 reassessment, while another, with the same 2012 and 2013 assessment might be excluded. There are endless combinations and examples that could be provided, but the critical point is that the capping program creates inequities by distorting the tax liability of each property subject to an adjustment, which results in similar properties paying disparate taxes. Ultimately, this undermines the intention of the property tax system to treat similar properties in a similar manner by breaking the link between one's assessment, the tax rates and the final taxes owing. Capping also creates more subjective and global inequities in our property tax system. For example, in many jurisdictions, we see that the capping protection that is still being provided is concentrated to the benefit of a very few taxpayers. Those still captured by the capping rules are generally the very small minority, and it can be easily argued that it is unfair and inappropriate for a large number of business owners to be funding special treatment for a small sub-set of taxpayers. It should also be noted that in jurisdictions where the application of the claw-back option is not possible, or is insufficient to cover the costs of capping, the costs of protection for these small groups of business taxpayers must be funded by all other taxpayers. This concern is further amplified by the fact that the current system is designed to ensure that those receiving the greatest protection will continue to benefit with no specific end in sight. Capping is Administratively Cumbersome and Complex There are also a number of practical considerations beyond the program's utility that remain relevant regardless of how many or how few capping adjustments, if any, are required in any ©2012 Municipal Tax Equity Consultants Inc. 5 h.»+wN fs.P4:ry [scutam ar. CLIENT RESOURCE given jurisdiction. The capping program has proven to be very time-consuming, cumbersome and costly to administer. Simply undertaking the calculations, applying adjustments to specific properties and managing affected tax accounts requires an abundance of internal resources. Municipalities continue to devote considerable human and budgetary resources each year to ensure that tax bills and adjustments are accurate, compliant and timely. These resources could be more effectively and strategically deployed to other more productive ends, such as improving the delivery of other services, if not for the demands of capping. Once adjusted bills are issued, the complicated and intricate nature of the capping calculations themselves make them very difficult for the lay person, business owner, and even many tax professionals to understand. This coupled with the often counter-intuitive outcomes revealed on tax bills and tax adjustments, result in an ongoing demand for explanations from taxpayers and their agents. This confusion and the awkwardness of the calculations has also had an impact beyond just the taxpayer. The Municipal Property Assessment Corporation (MPAC), the Assessment Review Board (ARB), and even Provincial courts have struggled with the capping implications of decisions and adjustments since the inception of the original program. Again, this confusion is often confounded by the potential for counter-intuitive results. For example, it is not uncommon for a property owner to spend time and money seeking a reduction in their assessment only to find out later that the reduction does not result in any change to their final 'capped" tax liability. For municipalities, this all means that intensive resources must be dedicated to the on-going management and maintenance of the capping program; for the taxpayer it often appears that their tax liability is arbitrary and incomprehensible. Next Steps and Weighing In 2012 represents the fifteenth taxation cycle that has been impacted by mandatory tax capping in Ontario. It is MTE's view that in light of the more effective, equitable and predictable protection provided by the ongoing assessment phase-in program, it is timely for an exit strategy option to be put in place. MTE is also of the opinion that it would be ideal to make this option available in conjunction with the next general reassessment. This would allow municipalities to carefully consider and evaluate the tax impacts and shifts associated with the 2013 reassessment campaign both with and without capping in place. Such insight would allow interested municipalities to make informed decisions about whether or not to continue with this form of tax protection into the future. To provide municipalities with the flexibility needed to address their current priorities and circumstances with respect to mandatory tax capping protection, it is strongly recommended that the Minister of Finance and the Province of Ontario be requested to amend the contents of the Municipal Act, 2001 to allow upper and single-tier municipalities to opt out of the business tax capping program set out in Part IX of that Act for the 2013 taxation year and future tax cycles. 2012 Municipal Tax Equity Consultants Inc. 6 .R✓i.ti1 fare Fit:K} n:.w su.o-5r l4� AP ft; CH tiRLE-�f totb,-• C0MMITTE0' MPP - HALDIMAND-NORFOLK To:Norfolk County Mayor and Councillors Re:Requested response to Norfolk County Resolution No. 18 (SWODF) I have received communications from Mayor and Council xequesting I support the-McGuinty government proposed legislation Bill 11, as well as a Norfolk County motion'No. 18 to that effect.As you know,the.Southwestern Ontario Development-Fund(SWODF) -promised by Premier McGuinty in last year's election, and promised last year in Bill 11 —has yet to be created. During the 2011 election, and-during legislative debate and the second reading vote of last'year, Ontario's Opposition and I made it clear'we would not support Bill I I for a number of reasons. Of primary concern is the fact-the Province of Ontario has an accelerating and out-of-control spending problem that cannot be addressed by more spending. Ontario is now spending$1.8 million more per hour than it is taking in,resulting in a$15 billion deficit. The 2017-2018 projected deficit is $30.2 billion while the projected debt is $411.4 billion. Ontario government spending has increased 80 per cent since Mr.McGuinty took office. At the end of April,just days after Standard and Poor's downgraded Ontario's credit outlook from stable to negative, Moody's Investors Services also downgraded Ontario's credit rating,creating the potential to negatively impact interest rates and business investment,and.increase the cost of servicing Ontario's debt.We, as Opposition,have made it clear we cannot support additional government spending without finding significant government savings elsewhere. Part of government's role is to create the best conditions for jobs and economic growth in a stable, surprise-free environment—an environment of reduced red tape, reduced taxes, fair labour laws and affordable energy. It is not government's job to pick winners.and losers amongst municipalities,privately-owned companies,or provincial ridings. Over the past nine years, billions of Ontario taxpayer money has been spent irresponsibly. I reiterate that we cannot support another plan to'start yet another political slush fund to reward friends and curry favour with others. One needs to look no further than the Ontario Cricket Club scandal in 2007. While the club'originally applied to the Ontario Government for a grant of $150,000, the McGuinty government sent the club a cheque for$1 million in what can only be described as a blatant vote-buying exercise. Add to this the billions shoveled out the door on e- Health, Samsung, Ornge, the cancelled Oakville and Mississauga gas-fired plants and the list goes on. ❑ Constituency Oflice:19 Norfolk St.N.-$Imcoe•OntariQ-N3Y.3N6-Tel.(519)428-0446-(905)765-8413.1-800-903-8629■Fax(519)428-0835 ❑ Queen's Park Office: doom 206 4 North Wing-Leglelative Building-Toronto-Ontario-M7A 1A8-.Tel. (416)325.8404-Fax(416)325--8408 E-Mail:Toby®TobyBarrett.com-Website:www.TobyBarrett.com The debate and the war of words in the media is the result of a partisan game initiated by Economic Development Minister Duguid and the McGuinty government. In politics we call this sort of set-up a wedge issue. We know a great deal of money has been doled out by Finance Minister Duncan to his home area of Windsor.The SWODF itself was announced in London by Premier McGuinty, where three of the four ridings are held by Liberals and NDP. Further, when Minister Duguid spoke of the fund in the Ontario Legislature he referenced London and,the economic hardships it has suffered. Over the years people in Norfolk County have expressed their disappointment in the way government funds/transition funds have been allocated.Some funding programs pitted neighbour against neighbour and people's livelihoods were jeopardized. People have reported to me and my office their resentment at being put at a competitive disadvantage due to those who received government money. I take exception to the idea Bill 11 is a priority of the current Ontario government,As you are no doubt aware, it is entirely within the government's prerogative:to call whatever legislation it wants,whenever it wants for ultimate passage. At second reading last year, Bill 11 was only debated five times (six hours, 15 minutes)but could have been called an additional 18 times. The bill was deferred to committee for public hearings for a mere two days. During third reading.Bill 11 was debated on three separate days but was ultimately never called for a vote. Moreover, I have been told during negotiations that lasted for several weeks amongst the three House Leaders, Bill 11 was not even raised once by the Liberal House Leader as a legislative priority. It is incumbent on Premier McGuinty to keep his own election and legislative promises: it is not role of the Official Opposition to help Mr. McGuinty keep his promises. I remind you of the political marriage between the Liberals and NDP—combined they have a clear majority and the legislative tools, and the votes,needed to pass this proposed Iegislation. My colleague MPP Steve Clark questioned Minister Duguid last November why the SWODF needed a separate bill, and separate votes, when the Eastern Ontario Development Fund(EODF) had been up and running for four years funded by a budget bill. Minister Duguid's response was that the mayors were requesting a separate bill. Had Minister Duguid Deeded MPP Clark's. suggestion, the SWODF would have already passed on June 19'h—the day of the budget. Bill 11 was fundamentally flawed from the outset as has been pointed out in legislative debate and during committee hearings. Aside from having virtually no accountability mechanisms to ensure money spent actually creates employment,the legislation does not have proper reporting mechanisms to indicate how the money would be spent. At the end of the day we all want good things for Haldimand, Norfolk and Ontario. We want to see business investment and job creation,however Bill I I and additional provincial tax spending of this kind is not the answer. Ontario's Official Opposition will be neither reversing its position nor its vote, as presented Iast year, against the proposed Bill 11. Sincer �o Toby B tt,MPP Haldimand-Norfolk cc:Key Stakeholders Minister of State Ministre cittat (Science and Technology) (Sciences et Technologie) (Federal Economic Development (Agence federale de developpement Agency for Southern Ontario) economique pour le Sud de VOntario) MUNICIPAUTY 0 h'GU7 a Ottawa,Ontario K I A OHS 1E CEIVEL' JUL ,)P1 i w July 5, 2012 Dear Sir/Madam: The Government of Canada is committed to creating jobs, growth and long-terra prosperity. As outlined in Economic Action Plan 2012, we are making investments to encourage economic growth and improve the quality of life in communities across the country. I am pleased to announce the launch of the new Community Infrastructure Improvement Fund(CIIF), which will provide $49.5 million over two years to support repairs and improvements to existing small public infrastructure throughout Ontario. Infrastructure such as community centres, cultural centres and local sports facilities serve as important gathering places for families and contribute to building prosperous communities. The Federal Economic Development Agency for Southern Ontario (FedDev Ontario) will be administering this program. This investment will boost economic activity and create local jobs, while ensuring our community infrastructure facilities meet the needs of our residents in the long term. Given the short time-span over which the funding will be provided, this program is geared towards the repair and rehabilitation of existing community facilities as those generally require shorter lead times in terms of project start-up and completion and have lower project costs. Municipalities, First Nations governments, and community not-for-profit organizations with eligible projects that can be completed before March 31, 2014, are invited to submit applications with your priority projects. If more than one application is being submitted, please indicate the priority ranking of your applications. We also ask and encourage you to share information about the new program with your local community organizations and not-for-profit entities that may have eligible projects. Under CIIF, eligible recipients may receive a non-repayable contribution of up to 50 percent of eligible costs of an infrastructure project with recipients providing the remaining balance. However, priority may be given to projects that require a CIIF contribution of only 33.3 percent. CIIF contributions will be up to a maximum of $1,000,000. i2 Canal°a - 2 - Additional details on the program criteria such as project eligibility, as well as the program guidelines, application form, and application process, are available online at www.feddevontario.gc.ca/cii# The application deadline is August 24, 2012. For additional information, please e-mail infrastructure gfeddevontario.g_c.ca or call 1-866-593-5505. Over the coming months, I look forward to working with you as partners in stimulating our local economies. I am confident we will see the many benefits from the infrastructure improvements brought to communities in Ontario. Yours sincerely,/, The Honourable Gary Goodyear, P.C., M.P. a United Way OPA TY or* Toronto ' s�7a June 22"d, 2012 Joanne Groch Municipality Of West Elgin Box 490 Rodney, ON, NOL 2C0 Dear Joanne Groch, Enclosed, please find the Late Payment Settlement Fund Annual Report prepared by United Way Toronto (UWT) as well as the Annual Agency Reports prepared by local agencies involved with emergency energy grant programs. These two reports outline the use of funds provided by UWT from April 1 St 2011 until March 31St 2012. The United Way Annual Report is in two parts: 1. The Summary of Account Activity outlines all transactions related to settlement funds paid by your organization, including: • Contributions received by UWT last summer. This amount is the result of your contribution to the legal counsel minus legal fees and taxes 112. • UWT administrative fee. • The disbursements made to local agencies • Investment income earned. • The closing balance. 2. The Hydro Settlement Disbursement Summary details specifics installment payments made to agencies. The Annual Agency Reports are prepared by each agency receiving Settlement Funds and outline the percentage of funds used for emergency "I Summary of Disposition of Settlement Funds is available on line: http:l/www.electricutilitylatepaymentponalt.ycI ss tion.com 26 Wellington St E 2nd Floor Toronto ON MSF fW9 Give. Volunteer. Act. Tel 416 777 2001 Fax 416 777 0962 unitedwaytoronto.com 0'�®�� United Way Hydro Settlement Toronto Hydra Settlement Summary of Account Activity:April 2011-March 2012 Municipality Of West Elgin Opening Balance, as of April 1, 2011 0.00 Contributions 2,171.47 Less: UWTAdminstrative Fee (10%) (217.15) 1,954.32 Less: Disbursements(April 1, 2011-March 31, 2012) (1,954.32) Add: Investment Income 7.49 Closing Balance,as of March 2012 7.49 Hydro Settlement Disbursement Summary Fiscal Year 2012 to 2012 Municipality Of West Elgin Date Agency Amount 18110/2011 UNITED WAY OF GREATER SIMCOE COUNTY-UN2301 1,954.32 1,954.32 HYDRO SETTLEMENT FUNDS m ANNUAL REPORT Period covered by the report: October 24'h 2011 -March 31"2012 Name of the Agency: United Way of Greater Simcoe 1110 Highway 26 Midhurst, Ontario LOL 1X0 Charitable Number: 118799485RR0001 Name of the Defendant: Municipality Of West Elgin Funding from the Settlement (from United Way Toronto) 1st instalment payment (received 10/24/2011 $1,954.32 2nd instalment payment(received mm/dd/yy) $0.00 3rd instalment payment(received mm/dd/yy) $0.00 Total amount received (1) $2,954.32 Total Pay-Out for grants (3) $1,661.17 Admin Fee, max 15%(2) $293.14 Remaining: $0 (1)Total amount received from United Way Toronto for Hydro X (2)&(5) Maximum percentage, if less, thank you to change it by the amount (3) &(6)Total amount used for grants Information provided by the agencies in the Annual Report to United Way Toronto West Elgin Arena Board Regular Session May 8 2012 This regular session of the West Elgin Arena Board was called to order at 9:30 am by Chairperson Mary Bodnar. Members present included Bob Purcell, Alphonse Willie, Dug Aldred, Teri Knott, and Recreation Superintendent Jeff Slater. Item# 1 Disclosure of Pecuniary Interest: None noted. Item#2 Delegations: There were no delegations present. Item#3 Adoption of the Minutes: Moved By: Alphonse Willie Seconded By: Dug Aldred The West Elgin Arena Board resolves that the minutes of April 10 2012 be approved as amended: Terri Knott will be a member until replaced by the Skating Club. CARRIED Item#4 Accounts and Financial Reports: Moved By: Bob Purcell Seconded By: Teri Knott The West Elgin Arena Board resolves that the accounts in he amount of$ 2978.56 for the Month of April 2012. CARRIED As requested the Recreation Superintendent asked the people that prepare our financial information to separate the hydro from the water, it will be done for the next regular session. Item#5 Business Arising from the Minutes: * Ice Contract: The West Elgin Arena Ice Contract was reviewed and changes were discussed. The Recreation Superintendent is to incorporate theses changes and present the revised contract at the next regular session. * 201212013: The Recreation Superintendent suggested to the Board members that the Board operate the proposed Shinny program as discussed previously. The consensus of the board was to try he program and re-evaluate at a latter date. Item#6 Correspondence: There was no correspondence presented. Item # 7 New Business: * Solar Panels: Member Dug Aldred suggested that the Board look into the possibility/feasibility of having Solar Panels installed on the roof of the arena. Discussion ensued and the Recreation Superintendent is to look into this. Member Purcell cautioned -2- the Board as to insurance requirements and some of the difficulties that other facilities have encountered. * Pic-Nic tables: The Recreation Superintendent suggested that the Board needs to look into alternate seating arrangements for the arena warm room. The tables I the warm room were donated for the park and will be returned to the park once Kools have finished for the summer. Kools have indicated that they will be done/closed either at the 15`h or end of May. It was suggested to contact the service clubs to see if they might be interested in donating monies for the cause. * Ice Ready: The Recreation Superintendent suggested that he ice would be ready for Tuesday September 4 2012. Member Teri Knott indicated that the Skating Club was having difficulties choosing a carnival date as Easter falls on the last weekend in March. * Outstanding Invoices: The Recreation Superintendent indicated that the two outstanding invoices, #216, $ 88.40 ALK Home School,and invoice#231, $ 84.75 The Co-operators Insurance be written off as bad debts. Discussion ensued which resulted in the passing of the following resolution: Moved By: Teri Knott Seconded By Bob Purcell The West Elgin Arena Board resolve that the invoices, # 216, ALK Home School, $ 88.40, and Co-Operators Insurance##231, $ 84.75 be written of as bad debts. Further that future sign rentals be invoiced in August, CARRIED. Item#8 Adjournment: Moved By Bob Purcell Seconded By: Teri Knott The West Elgin Arena Board resolve that this session of the West Elgin Arena Board hereby adjourn at this hour of 10:40 am and reconvene at 9:30 am on June 12 2012 or at the call of the chair. CARRIED. West Elgin Economic Development Committee West Elgin Municipal Office Monday,June 18, 2012 7:00 to 9:30 p.m. Present: Bernie Wiehle Heather Bell Bill Denning Nancy Kopriva Glenn Degraw Regrets: Richard I_eatham Chair/Resource Marilyn Crewe Facilitor Shayne Wyler Debra Webster—minutes 7:05 pm Marilyn called the meeting to order and welcomed all present. Review structure of strat plan Needy tree—bottom to top Need—what is the need for west elgin? Community Then grows opportunity This is below the soil From opportunity grows Organization or West Elgin—capitalize on opportunity and meet the need for community People without which there would be no community Time People Money/Resources Use Time and Money to make Tools the top of the tree What is the difference for West Elgin? We connect you to our community(this is the vision) Mission statement/how By welcoming you, determining your needs and providing solutions and opportunities. Explored goals and they are: 1. WE take responsibility 2. WE work together to achieve your needs 3. WE connect to provide solutions and opportunities Feed into each other—if one is lacking the other 2 suffer Tools ambassadors program—Kate Burns from the County is meeting with Heather tomorrow—check Elgin County website for details on what they do training expectations will be able to use County program and tweak it to meet the needs of West Elgin--how much of Ambassorship program needs to be in strategic plan process on picking the right people Economic Profile— Bernie needs to meet with planner—in process and will meet with him this week and next. Cost is a factor as well as the depth. What information is needed in profile and what type of people are you trying to draw into the community. Identify the position and the current go to people. WE strategic plan would need to identify—why? Justification? Direction? May not need to be as detailed at the beginning, but numbers do help justify. Farmer's Market—Glenn—Beattie Haven has planted a tomato garden—when ready will publish and give all the opportunity to pick your own and leave donation as you wish. Sharon Little involved in market in Rodney for a 2013 opening. Rural roots in Dutton as a public market—opened once this year and again in July. WE will fit in with events already taking place—a partnership not a competition. Tour sponsored by Fanshawe toured the Elgin County area. Not everything is property communicated—let's try to get it together. A rotating farmer's market throughout the area. Support what others are doing and they in turn will support you. Complement each other. May be opportunity to capitalize on the rivalry between the communities. Admiral Rodney Rum—Twin with other communities named Rodney. HR co-ordinator—Nancy—depends on what the municipality does—classification codes in North American—similar skill sets. Cost 15.50 to 50.00/hr, or 30,000 to 90,000/year.Job creation partnership (JCP) could fill the role under the guidance of staff already in place. JCP should already have the skills— start and end dates. Someone for a period of time to help roll out the plan and pick specific projects. Would need a specific job description and up to the municipality to implement. Not all municipalities follow the same structure with Clerks/CAO's/EDC/administrator/treasurer Business Assistant similar skill sets to HR co-ordinator in classification codes. Could be part of EBRC's office staff in West Elgin as an option. Person has to have some level of competence for this job. Business Perspective—benefits—work together to provide value Identify unique businesses in community and the people attached to it Help local businesses see what other small communities have that work for them and share with our community Help our businesses to identify tools out there to help them—grants, loans Different tiers of government and how they can help—be a collective voice Provide surveys to identify the cost of doing business in West Elgin—what is the turn cost of being in business in West Elgin Research other communities and the ideas that make them successful—bring back In the past OMAFRA has done a test and gone into a community unannounced—look at schools, businesses, etc, and provide feedback to the municipality. Ensure the product we're putting out is a good product and the community will buy into it—both long and short term goals Competition Value Unique Sharing Voice—collective Voice—individual Time Making the community work for the entire community not just West Elgin Seniors Housing—Glenn Not adequate for the area Heritage House in West Lorne Kiwanis housing in Rodney Business plan for Beattie Haven and how much we do need in the area. Attract new developers and businesses. Retire at the lake—what we're trying to accomplish hinges in part to what happens at the lake Time frame—what has to happen when Action Plan Take the 3 goals and make them smart goals—more specifics and time frame Assignment—brainstorm and break down ES. How does seniors housing fit into the goals and the key tasks to complete within the next 3 years. How detailed is the strategic plan to be? This answer depends on the amount of work involved. 4 year strategic plan —which is the term of council and will overlap councils—September 2012 to September 2016 Break down in yearly segments Eg. Marketing tool over a 4 year period How many people do we want taking full responsibility for their community--5,000 people in the community now—150 people in 4 years time taking full responsibility or is it 150 people in the first year and the second year grows more and continues—what does it mean? The vision—by welcoming you, determining--- opportunities. Ambassadors,service clubs, municipal staff, Or is it the people who know what we're doing The people that are already marketing the community now—expand it and add more structure Customer service no matter what you do—know the product(WE) and apply when needed Push and pull action plans Strategic plan gives direction to council Marketing plan—a minimum of detail Have key areas and the amount of time and money—eg. Website Need branding before marketing is started Would like this portion done by year 2 at a cost of? Enough direction for council to make a decision Brings justification to what is happening or not Come up in the next census rather than going down Training programs for 120 people the first year. Year 2 —another 100 people (businesses, service clubs) Each committee will take their piece and expand over the next 4 years. Do each of these tools help meet the need for the community? Do each of these tools meet the goals? Economic and Community profile HR co-ordinator--business development officer, economic development officer, program delivery, community develop—need that 1 person to take responsibility—title and role may change Ambassador program Marketing and Branding Seniors housing Business assistance Farmer's market—already in community improvement plan— Some of these were early priorities; are they still? Prioritize, but will run parallel. Should committee make recommendations or should it be council's decision—committee has council's support Operating plan flows out of strategic plan Implementation committee to put into place Identify the need Justify the need And then take to council Homework—take handout—this is the marketing plan part—What tools are required? Each member to expand on the tool they have already worked on. Do you need a professional planner to do some research? If so,then would need to go to council for money. For now,the committee will research as much as possible—start the process and develop it over a number of years Answer the questions, add numbers, Time—how long does planner need to write strategic plan? 44 to 70 hours spread out over 6 weeks—at least by our next meeting or before. If any questions, contact Marilyn. Committee will keep in touch during the next month Next meeting—July 16 Meeting adjourned at 9:29 p.m.