April 25, 2013 MUNICIPALITY OF WEST ELGIN
AGENDA
COUNCIL MEETING
April 25, 2013
Council Chambers, West Elgin Municipal Building
---------------------------------------------------------------------------------------------------------------------
DISCLOSURE OF PECUNIARY INTEREST
APPROVAL OF AGENDA
DELEGATIONS:
1:30 p.m. Geoff Moroz-Environmental Consultant (CIT)
Water & Earth Science Association Ltd. (WESA)
2012 Monitoring Presentation —West Elgin Landfill;
2:30 p.m. Yacht Club
PLANNING: (Reports 1-8)
1.* Report dated April 22, 2013 - re: Proposed Severance — Lakeview
Aldborough Bluffs Inc — (1);
2.* Report dated April 22, 2013 — County of Elgin — Official Plan —
Submission-West Elgin; (2);
3.* Report dated April 20, 2013 — Proposed Severance —Vanderploeg Farms Ltd.
24676 Marsh Line-north side of Marsh Line-west of Graham Rd (County Rd. 76)-(3);
4.* Report dated April 19, 2013 — re: Kam-13-033 Harvesters Baptist Church (4);
5* Proposed Severance — 1230937 Ontario Limited c/o Guy Graham, R.R.# 1, Dover Centre
Lot 6, Concession 4 — to separate the wood lot from the arable land for the purpose of
preserving and improving the wood lot for future generations. (5);
6.* Report dated April 22, 2013 — Proposed Severance — 1273969 Ontario Inc. (Wendie
Dupuis -- Part Lot 8 & 9, Concession XIV-south side of Gray Line west of
Port Glasgow (6);
April 25, 2013 ..... pg. 2
7.* Report dated April 22, 2013 — McKillop Severance — (7);
8.* Report dated April 22, 2013 — Proposed Solar Panels — Kyle & Jennifer McIntosh-Liebner
Lane; Village of Rodney; (8)
REPORTS: (C-C8)
1. ROADS
2. RECREATION
3. BUILDING
4. WATER
a. Report —Water Operations
5. BY-LAW ENFORCEMENT
6. DRAINS
7. WEST ELGIN PRIMARY SYSTEM
8. ADMINISTRATION
a. *Port Glasgow Trailer Park — Park Operator;
ACCOUNTS
CORRESPONDENCE: (D1-D15)
COUNCIL CONSIDERATION RECOMMENDED:
1.* Port Glasgow Yacht Club letter dated April 5th, 2013 requesting the volunteers of Port
Glasgow Yacht Club to be recognized for the work done.
2.* Rodney Aldborough Agriculture Society letter dated April 4, 2013 requesting road closure
for the annual `Fair Parade" route to proceed on Furnival Road from Victoria Street to
Queen Street and east on Queen Street to the fairgrounds from noon to 1 pm. On
Saturday, September 14, 2013;
3.* Rodney Aldborough Agriculture Society— requesting permission for beer garden Friday,
September 14th -7:00 pm -12:00 am.;
April 25, 2013 ...... pg. 3
4.* Township of Wainlfeet letter dated April 11, 2013 requesting for support and
endorsement;
5.* Ontario Convenience Stores Association -- re; the distribution and sale of contraband
(illegal) tobacco - requesting motion to be adapted by Council;
6* Township of Killole-Hagarty-Richards letter dated April 17 --re: proposed motion on
contraband tobacco supporting resolution;
7.* Township of Malahide letter dated March 19, 2013 requesting support of a resolution re;
Ontario Drive Clean Program;
8.* Township of Southwold letter dated March 25, 2013 re; Ontario Drive Clean Program
supporting the Township of Malahide resolution;
9.* Town of Alymer-- e-mail dated April 9, 2013 requesting support of a resolution re:
Malahide resolution — Ontario Drive Clean Program — Southwold resolution of support;
RECOMMENDED TO ACCEPT & FILE:
10. Port Glasgow Marina Board of Management— Minutes of 2013 Annual Meeting dated
January 28, 2013;
11. Environment Canada -- letter dated April 5, 2013 re: Consultation on the Proposed
Recovery Strategy for the Eastern Flowering Dogwood in Canada;
12. Ministry of Agriculture and Food — Ministry of Rural Affairs —Environmental Management
Branch letter dated April 8, 2013 re; 2013/2014 Tile Loan Program;
13* Ministry of Agriculture and Food — Ministry of Rural Affairs — Environmental Management
Branch re: Notification of Non Agricultural Source Material Plan Amendment Approval for
Roodzant Farms Limited, 22321 Marsh Line; approved NASM Plan Amendment is for 5
years for 6 farms;
14. Environment and Land Tribunals Ontario — Ontario Municipal Board Notice —Applicant —
John Ripley; Subject-Consent; Part Lot 19, Concession 12, File No B-E100/12 and PL
130013 — Appointment for Hearing 10:30 am --Wednesday May 29, 2013; County of
Elgin Administration Building, Council Chambers, 450 Sunset Drive, St. Thomas, Ontario;
15. Elgin County letter dated March 28, 2013 re: Western Ontario Wardens Caucus Survey
on Broadband Needs encouraging participation in the survey by residents, staff and
councillors;
April 25, 2013..... pg. 4
BY-LAWS:
By-law No. 2013-13 Dymock-Aldred Drain — 3r0 and Final Reading;
By-Law No. 2013 -- 28 Confirming By-law
By-Law No. 2013 - 29 Contract for Water Distribution with Ontario Clean Water Agency
(OCWA)
NOTICE OF MOTION
OTHER BUSINESS: (E- )
1. Closed session — legal, personnel
*Information enclosed
CONFIRMING BY-LAW
ADJOURNMENT
NEXT MEETINGS
April 30, 2013 Tri-County Water Management Committee 7:00 p.m.
May 9, 2013 Council 9:30 a.m.
May 23, 2013 Council 9:30 a.m.
Information will be gathered in accordance with the Municipal Freedom of Information and
Protection of Privacy Act (MFIPPA). All comments and communications received will become
part of the public record unless you expressly request the Municipality to remove it. Questions
about the collection of personal information may be directed to the Clerk.
610 Princess Avenue
London, ON N6B 2139
Tel: (519) 686-1300
__Monteith+Brown Pax: (519)681-1690
niannina consultants E-Mail: mbpc_.mbpc.ca
------- - Web: www.mbpc.ca
22 April 2013_
MEMORANDUM #13-2279
TO: Members of Council
Municipality of West Elgin
FROM:,-,,Ted L. Halwa
4
SUBJ: Proposed Severance — Lakeview Aldborough Bluffs Inc. (Ric Knutson,_Agent)
Part of Lot 4, Concession XIV — south side of Gray Line, west of Port Glasgow - Report
1. Background
• the proposed conveyance was first considered by Council at its meeting of 28 March 2013,
however, was deferred for further consideration at the request of the Applicant's Agent until such
time as he had an opportunity to address Council directly on the application;
• the lands proposed to be conveyed have a width of 16.8 metres (55 ft), a depth of 510 metres
(1,672 ft) and an area of approximately 0.9 hectares (2.3 acres). The parcel, which has been
encroached upon by portions of trailers including accessory structures/buildings and landscaped
open space associated with the abutting Hickory Grove Trailer Park to the west, is proposed to be
added (merged in name and title) to an abutting lakeshore parcel (hereinafter referred to a the
'Nirta' parcel). The lands proposed to be conveyed include a 33 foot wide right-of-way originally
established for the purposes of providing access to the otherwise landlocked Nirta parcel. The
purpose of the conveyance is to provide the access to the Nirta parcel which the original 33 foot
right-of-way way intended to do;
• the Nirta parcel which abuts the Lake Erie shoreline and which is occupied by a seasonal dwelling
would be increased in size from 7.8 hectares (19.3 acres) to 8.7 hectares (21.6 acres) giving it
legal frontage on, and ultimately legal access to, a public road (being Gray Line). No additional lot
would be created;
Lakeview Aldborough Bluffs Inc(Ric Knutson,agent) MONTEITH BROWN PLANNING CONSULTANTS
Proposed Severance
22 April 2013
page 2
o a concern, however, was expressed by Council at its meeting of 28 March 2013 on the potential
impact the conveyance would have on the occupants/owners of various trailers and accessory
structures/buildings which have encroached on the 33' right—of—way. While there would be no
immediate physical change if the conveyance was granted, there would be a change in ownership
of the 33' right-of-way which, in turn, could lead to legal action against the owner/occupants and
the owner of the park itself to remove the encroachments;
legal access to the Nirta parcel was originally intended to be from the afore-noted existing 33 foot
wide right-of-way registered in 1942. The right-of-way, however, is wooded and overgrown and is
compromised by the afore-mentioned encroachments. As a result, the right-of-way in its present
state is unusable as a means of providing legal and physical access to the Nirta parcel. By
widening the `right-of-way' to 16.8 metres (55 ft), low-lying marshy areas as well as the
encroachments could be avoided in establishing an access to the Nirta parcel;
• the existing 33' right of—way lies within the lands proposed to be conveyed. As it seems, it will be
difficult, a best, to readily remove the encroachments, a possible solution would be to convey the
portion of the lands being conveyed affected by the encroachments to the owner of the lands of
Hickory Grove Trailer Park. This would be an opportune time to resolve this long standing
encroachment issue and a condition of severance could be imposed to ensure such a conveyance,
in fact, take place.
3. Zoning By-law
• a proposed amendment to the Zoning By-law to recognize the seasonal dwelling on the Nirta
parcel as a legal use was refused by Council and subsequently appealed to the Ontario Municipal
Board. The Board ruled (9 Aug 2011) in favour of the continued existence of the dwelling subject to
a number of matters being addressed, including the use of a holding (H) provision in the amending
zoning by-law to ensure 'that the Municipality is satisfied that legal and physical access to the
Lakefront parcel exists from Gray Line over the ROW or the Hickory Grove lands for persons and
vehicles, including emergency vehicles;"
• the lands being conveyed, retained and enlarged are zoned Agricultural (Al) in the Zoning By-law.
A by-law to change in zoning of the Nirta lands to `site-specific' Lakeshore Residential - Holding
(LR-5-H) has been drafted but yet to be adopted by Council. The By-law would permit and define a
seasonal dwelling, establish various minimum setback provisions, and require that legal and
physical access to the lands be provided prior to removal of the Holding (H) Symbol. The lands
Lakeview Aldborough Bluffs Inc (Ric Knutson, agent) MONTEITH BROWN PLANNING CONSULTANTS
Proposed Severance
22 April 2013
page 3
being conveyed would require a re-zoning as well such that consistent zoning applied to the Nirta
parcel. 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 and a change in zoning or a site-
specific zoning would not be required.
4. Resolving the Encroachments
• while the proposed conveyance would provide legal and physical access to an otherwise land-
locked parcel in keeping with, and necessary, to fulfill a related decision of the Ontario Municipal
Board, it would leave the matter of the encroachments unresolved;
• due to the degree to which the encroachments have occurred and have become embedded over
time and given the nature of existing development of the Trailer Park, it would be a difficult and
costly exercise to eliminate the encroachments by simply relocating them onto the Hickory Grove
parcel;
• given that access to the Nirta parcel was intended to be provided from the originally established 33
' right of- way and the fact that it is sufficiently wide for these purpose, it would seem premature
and redundant to establish (or duplicate), in effect, another 'right-of-way' for the same purpose.
While it would be difficult to eliminate the encroachments, it still may be possible by legal means
(which if successful) would leave more width than reasonably necessary to provide access to the
Nirta parcel and thus rendering the application at worst redundant and at best premature;
• in discussing this approach with Mr. Knutson, he sought to provide assurances that their intention
is to negotiate with the owner of the Park and provide him sufficient time to resolve the issue. They
also have no intention of creating undue hardship for the own ersloccupants of the trailers affected.
While conveyance of the lands affected by the encroachments is an option, it is apparently not the
only option they intend to discuss with the owner. In summary, Mr. Knutson is not supportive of the
"forced conveyance"condition and questions the legal authority of the consent granting authority to
impose it as condition;
• notwithstanding, to address this issue to require the conveyance, the following condition has been
drafted which could be added to our previous list of conditions which accompanied our earlier
recommendation (reproduced and revised below) to approve the application;
Lakeview Aldborough Bluffs Inc (Ric Knutson, agent) MONTEITH BROWN PLANNING CONSULTANTS
Proposed Severance
22 April 2013
page 4
That the lands comprising the original 33' right-of—way be conveyed and merged in title with the
ownership of abutting lands occupied by Hickory Grove Trailer Park to the west.
5. RECOMMENDATION (revised)
That the proposed consent by Lakeview Aldborough Bluffs Inc. (Ric Knutson, agent) be
supported subject to the following conditions and the Elgin Land Division Committee advised
accordingly:
a) That the lands being conveyed and enlarged be re-zoned 'site-specific'Lakeshore Residential
- Holding (LR-5-H) First Density (R1) consistent with the decision of the Ontario Municipal
Board;
b) That the lands comprising the original 33' right-of way be conveyed and merged in title with
the ownership of abutting lands occupied by Hickory Grove Trailer Park to the west.
c) That the lands being conveyed are merged in the same name and title as the lands to which
they are being added,
d) That Section 50(3) of the Planning Act, R.S.O.. 1990, as amended, shall apply to any future
transactions or conveyances on the subject lands;
e) That the necessary permit or approval is granted from the County of Elgin Woodlands
Conservation By-law;
f) That an entrance from Gray Line be designed and constructed to he standards of he
Municipality.
REASONS
i) Consistency with the Provincial Policy Statement would be maintained;
ii) Conformity with the West Elgin Official Plan would be maintained;
Lakeview Aldborough Bluffs Inc (Ric Knutson, agent) MONTEITH BROWN PLANNING CONSULTANTS
Proposed Severance
22 April 2013
page 5
iii) The requirements of the Township of Aldborough Zoning Bylaw are capable of being
satisfied;
iv) The matters set out in the Planning Act would be satisfied.
(original signed by)
Ted L. Halwa, MCIP, RPP
610 Princess Avenue
London, ON N6B 269
Tel: (519) 686-1300
Fax: (519) 681-1690
Monteith+1113rown E-Mail: mbpc@mbp
c.ca
nl.._nninc rnnstiftanfs Web: www.mb c.ca
22 April 2013
MEMORANDUM #13-1591
TO: Members of Council
Municipality of West Elgin
FROM: Ted Halwa
RE: County of Elgin- Official Plan—Submission -West Elgin
Comments and concerns we raised and previously reported to Council (our report dated 13 January
2013) on the official plan for the County of Elgin have been reviewed by MMAH (13 February 2013) and
other ministries as well as the County Planner. We have since met (11 April 2013) with representatives
of MMAH, MNR and MOE and the County Planner and provide you with the following summary.
On the key issue of designating Port Glasgow as a `settlement area' in the County Plan, neither the
County nor the Province is willing or prepared to support such a designation at this time. The County's
reluctance originates from its decision only to include settlement areas in its official Plan that have been
specifically designated as such in lower tier official plans. MMAH's reluctance stems from the fact that
there is still an outstanding appeal (Seaside) to policies of the West Elgin Official Plan pertaining to Port
Glasgow and its designation would be premature until and unless the appeal has been resolved. Having
said that, both the County and MMAH indicated they would support the designation if and when the
secondary plan for Port Glasgow receives final approval and is incorporated into the West Elgin Official
Plan.
With respect to the `test' to be applied to a dwelling declared surplus to a farm operation to ensure that
the dwelling it is 'habitable', here is no appetite to define this further in the County Plan on the basis that
OMAFRA intends to publish guidelines in the future on applying the `test'. Some municipalities (i.e.
Huron County) have already adopted this provision in their official plans leaving it a matter for the local
Chief Building Official to determine.
County of Elgin Official Plan -Submission MONTEITH BROWN PLANNING CONSULTANTS
22 April, 2013
page 2
On the matter of previously approved non-agricultural designations in local official plans (e.g. `Dural
Residential' in West Elgin), these areas are safeguarded after all by the County Plan and we are content
this resolves the issue we raised that local official plans would have to be amended to remove them.
Finally, with respect to the increase in the adjacent lands buffer around natural heritage features (to 120
m except for significant ANSI's which remains at 50 m) within which any proposed development would
trigger the requirement for an EIS (environmental impact statement), MNR has advised that the limits
were increased in 2010 based on the science of the day and they are now the ones to be applied. In the
West Elgin Official Plan, the distances currently are:
• significant habitat of endangered or threatened species..................................... 50 metres
• significant wildlife habitat......................................................................................50 metres
• significant woodlands, significant ANSI"S and significant valley lands................ 50 metres
Beyond the forgoing, the County is prepared to make some minor text changes in response to the
comments and concerns we raised on behalf of West Elgin.
In summation, there does not appear to be much utility in prolonging discussions with the County or
MMAH on the concerns expressed and accordingly, we have drafted the following resolution for
Council's consideration to conclude the matter and forwarding on to the County and to MMAH:
That the Municipality of West Elgin generally supports the Official Plan adopted by the County on 24
July 2012 and its approval by the Ministry of Municipal Affairs and Housing.
(original signed by)
Ted L. Halwa MCIP, RPP
610 Princess Avenue
London, ON N613 2139
Tel: (519) 686-1300
Fax: (519)681-1690
E-Mail: mboc@mbpc.ca
nfanninn cnnsuitants Web: www.mbpc.ca
.20 April,2013__
MEMORANDUM #13-2293
TO: Members of Council
Municipality of West Elgin
FROM: Ted L. Halwa
SUBJ: Proposed Severance — Vanderpfoeg Farms Ltd. - 24676 Marsh Line - north side of
Marsh Line,west of Graham Road(County Road No. 76) _
1. Purpose
• to create a lot out of an 16.2 hectare (40 acre) parcel for the purpose of disposing a surplus farm
dwelling (refer Figure 1);
• the lands proposed to be conveyed have a frontage of 80 metres (262 ft), a depth of 53 metres
(174 ft) and an area of 4,240 square metres (1.0 acres). The parcel is occupied by a single unit
dwelling (erected circa 1950), detached garage and a barn. No change in use is proposed;
• the lands proposed to be retained would have a frontage of approximately 520 metres (1,706 ft), a
depth of 230 metres (755 ft) an area of 15.8 hectares (39 ac). The parcel is occupied by several
barns and a silo and has been cleared for agricultural purposes with the exception of a small
woodlot in the northwesterly portion of the parcel. No change in use is proposed;
• neighbouring lands comprise a mix of agricultural uses, primarily cash crop and an extensive
wooded area to the north. Rural residential development is scattered along Marsh Line. No large
livestock operations have been identified in the vicinity of the proposed lot.
2. Provincial Policy Statement(PPS) and Official Plan
• 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;
Vanderploeg Farms Ltd —Proposed Severance MONTEITH BROWN PLANNING CONSULTANTS
20 April 2013
page 2
while not explicitly stated by PPS, it is nevertheless implied that a farm operation consists of a
'home' farm - a location where the owner maintains a principal residence. In this instance, the
dwelling on the lands being retained is considered surplus to the needs of Vanderploeg Farms Ltd.,
of which the home farm is located at 9831 Coyne Road in Dutton Dunwich. There is no requirement
in the PPS which stipulates that the home farm be situated in the same municipality as the farm
containing the surplus dwelling. Vanderploeg Farms Ltd. owns and operates three additional farms
in West Elgin comprising a total of 90 hectares (223 acres). There is also no minimum requirement
in terms of the size of the farm parcel on which the surplus farm dwelling is situated;
• the PPS requires that any new dwelling be prohibited on any vacant remnant parcel of farmland
created by the severance. Such a restriction is appropriately imposed as a condition of consent, if
granted, and implemented 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 parceh,
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)
• based on information available, the abovenoted criteria are satisfied or are capable of being
satisfied. With respect to item e), the size of the proposed lot is defined by an existing tree line as
well as a drain which extends along the westerly edge of the parcel. The size of the proposed lot, at
4,240 sq m or 1.0 ac, is considered appropriate for rural residential purposes under the
circumstances;
• the dwelling is serviced by an on-site water supply (well) and a private septic sanitary waste
disposal system. Confirmation will be required to ensure that the existing septic sanitary waste
Vanderpioeg Farms Ltd -Proposed Severance MONTEITH BROWN PLANNING CONSULTANTS
20 April 2013
page 3
disposal system is wholly contained on the proposed lot. This matter is appropriately addressed as
a condition of consent, if granted;
o the proposed lot has an existing entrance to Marsh Line -- a public road with year round
maintenance. The lands being retained would require a separate field entrance off McDougall Line;
• based on the foregoing information, conformity with the West Elgin Official Plan is capable of being
maintained.
3. Zoning ft -law
• the subject lands are zoned Agricultural (Al). 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 satisfy the minimum lot frontage requirement of 150 m of the Al
zone but would be further reduced below the minimum lot area requirement of 19 hectares, The
parcel is already undersized at 16.2 hectares. A re-zoning to 'site-specific' Agricultural (A1-#) would
be required to prohibit a dwelling being erected on the parcel in the future as stipulated by the PPS
and the Official Plan. The deficiency with lot area could be addressed as part of this amendment;
4. Conclusions
• the proposed severance would represent a type of lot creation which is both contemplated and
permitted by the Provincial Policy Statement (PPS) and the West Elgin Official Plan. The Official
Plan provides for the creation of lots occupied by dwellings considered surplus to the farm
operation and suitable for habitation. There is no particular stipulation regarding the location of the
home farm, only that the acquisition of additional farm parcels to be operated as one farm
operation be taking place, which is the case in this instance. While the retained farmland is less
than the minimum area requirement of the Zoning by-law, it has been extensively cleared and is
being used for agricultural purposes by a bona fide farmer as part of a larger farm operation where
there is no need for the dwelling. No new dwelling would be allowed to be erected on the lands
being retained.
5. RECOMMENDATION
Vanderploeg Farms Ltd. —Proposed Severance MONTEITH BROWN PLANNING CONSULTANTS
20 April 2013
page 4
That the proposed application for consent be supported subject to the following conditions and the
Elgin Land Division Committee be 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'Agriculturat(A 14) to permit a further
reduction in area below the minimum requirement (19 ha) and to prohibit the erection of a
dwelling thereon in the future.
REASONS
i
i) Consistency with the Provincial Policy Statement would be maintained;
ii) Conformity with the West Elgin Official Plan would be maintained;
iii) The requirements of the Zoning By-law are capable of being satisfied;
iv) The matters set out in the Planning Act would be satisfied.
(original signed by)
Ted L. Halwa, MCIP, RPP
APPLICATION FOR A CONSENT
Vanderploeg Farms Ltd. . , of 4KY9..
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MUNICIPALITY OF WEST ELGIN
APPLICATION FOR PROPOSED SEVERANCES
PLEASE COMPLETE THE FOLLOWING:
1 PROPERTY OWNER:
NAME: -J�A 66- f°
ADDRESS: > .ltd i--i cti,-,d DA) 140j— ! TO
PHONE: ,/p i 651 X 7 7,-I L A bo" 66-1 3
2, LOT 16 CONCESSION 9 ACREAGE OF TOTAL PARCEL: 'o ! C
3. PARCEL TO BE SEVERED:
ACREAGE 'L' o9 C FRONTAGE °V 960M DEPTH
4. ACREAGE TO BE RETAINED:
5. REASONS FOR SEVERING AN AGRICULTURAL PARCEL-- SURPLUS DWELLING ONLY
IS THE DWELLING SURPLUS TO THE NEEDS OF THE FARM? YES _X NO
WHEN WAS DWELLING CONSTRUCTED?_"- X13 ®.,_ (YEAR)
IS THE DWELLING STRUCTURALLY SOUND & SUITABLE OR POTENTIALLY SUITABLE, FOR
HUMAN OCCUPANCY? YES _ NO
WHERE IS YOUR PRINCIPLE RESIDENCE=? Zf M .29-25,2 9'69/ 60 AJIF f-j
MUNfCIPALITY barrV^J IbU,U WrC4q
6. REASONS FOR SEVERING A PARCEL FOR OTHER THAN FOR SURPLUS DWELLINGS?
7. OTHER COMMENTS:
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DATE ,0,P 1L '20/3 SIGNATURE
NOTE: There is no charge for the first time Council reviews a proposed severance application. The fee for
additional reviews and re-submissions by Council is $100.00 per instance. If you wish to attend the
council meeting, please contact the Clerk. Proposed severance applications are reviewed by Council
at their meeting held on the 4`h Thursday of each month. Please submit this application to the Clerk by
the 2"d Wednesday of the month for inclusion in the agenda.
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-� KAM ENGINEERING I.TD.
1828 Blue Heron Drive,Unit 21
London,Ontario,N6H OB7
t:519.474,0410(:519.471,0034
e:kam @karneng.ca
KAM-13-033
19 April 2013
Members of Council
Municipality of West Elgin
22413 Hoskins Line, P. 0. Box 490,
Rodney, Ontario NOL 2CO
Re: Application for an Amendment to the Zoning By-Law
Harvesters Baptist Church Camp
22663 Johnston Line, Rodney
Dear Members of Council,
KAM Engineering Ltd. is pleased to present the results of our investigation regarding the site
servicing issues as outlined in a Memorandum to Council from Community Planners Inc. dated
21 January 2013. We are submitting this report on behalf of Harvesters Baptist Church Camp.
1.0 INTRODUCTION
The Camp intends to erect 16 wooden cabins to shelter children during the attendance at the
camp and continuation operations on a year round basis. The current 'Agricultural' zoning does
not allow for seasonal or permanent camp operation. A re-zoning to 'Site Specific Institutional'
would permit the operation of the camp within the appropriate zoning. Community Planners
Inc., who are the Municipality's Urban Planning Consultants, recommended that the owner
have a consulting engineer prepare a site plan and a report to address the following issues:
a) Adequacy of on-site water supply and sanitary sewage systems;
b) Adequacy and maintenance of internal roads to ensure year round access including
emergency access;
c) Measures to provide fire protection;
d) Measures to accommodate year round operation; and
e) Site grading to ensure appropriate drainage as necessary.
Our attached site plan, C-1 and this report addresses each of the above issues.
- KAM ENGINEERING LTD.
1828 Blue Heron Drive,Unit 21
(KAM) London,Ontario,NSW 0B7
t:519.474.0410 f:519.471.0034
e:karr@kameng.ca
2.0 ON SITE WATER SUPPLY AND SANITARY SEWAGE SYSTEMS
2.1 Water Supply
Harvesters Baptist Church Camp is a designated facility regulated under the Safe
Drinking Water Act (2002) and is classified as a Small Non Municipal Non Residential
Drinking Water System. The Camp has five (5) serviced buildings including 3
permanent private residences, a lodge/dining hall and shower facility. There are 2
extra dwellings which are used as temporary accommodation for guest teachers,
lecturers, camp coordinators, etc.
The single drilled well and pumping works are adequate to supply safe drinking water
for a maximum of 200 people. The Camp kitchen can only serve 100 people per sitting
and provide only 2 sittings per meal time. During the peak time, the camp will have
approximately 200 children and 10 staff. The expected water demand is therefore,
210 persons at 270 litres per day or 0.65 L/sec. Both the low lift pump and the high lift
pumps are capable of providing this rate of flow.
KAM Engineering contacted the MOE, Safe Drinking Water Branch, London regarding
the proposed rezoning and construction of the 16 cabin for this site. The MOE
indicated that they would have no concern with this project so long as the number of
private residences was less than six (6) permanent dwellings. The latest inspection by
the MOE Safe Drinking Water Branch in London was 23 July 2012. The Camp water
operator is attending to the MOE's recommendations.
2.2 Sanitary Sewage Systems
Each of the main buildings has an individual sanitary treatment (septic, Class 4)
systems. These systems include a septic tank and tile bed and are shown on the
attached Drawing, C-1.
The Camp administration was unable to provide any written documentation regarding
the installation of each system but have the septic tanks pumped out on a regular basis
by ABC Sanitation or Triple S Sanitation.
- KAM ENGINEERING LTD.
1828 Blue Heron Drive,Unit 21
CKAMI
London,Ontario,N6H OB7
t:519.474.0410 f:519.471.0034
_— e:kam @kameng.ca
3.0 FIRE PROTECTION
There is a fire hydrant located on the west side of the Chapel/Dining Hall building. It is
connected by a 100 mm diametre pipe to the pump house and the 6800 litre reservoir. This
arrangement is part of the on-site water supply for domestic distribution and is shown on the
attached Drawing, C-1.
We understand that the local volunteer fire department would respond if a fire were to occur.
From our experience, a rural fire department is prepared to truck-in water to fill portable
reservoirs which provide water to the pumper engines. There are natural ponds on site which
could be a close water source in a fire emergency.
The camp administration has contacted the local fire chief for a site inspection and fire
protection facilities review. Any recommendations by the fire chief will be incorporated.
4.0 YEAR ROUND OPERATION
The main concern for year round operation is the normal and emergency access during the
winter months. The Camp has the equipment, i.e. snow plough, tractor, etc. on site to maintain
road access throughout the year.
5.0 SITE GRADING AND DRAINAGE
The site topography and contour elevations are indicated on the attached drawing. The central
part of the camp is located on a prominate high plateau, elevation 210 +/-. The land generally
slopes away toward the ponds and Fleming Creek, elevation 197 +/- which are at lower
elevations. The buildings and roadways generally follow the natural contours of the land and
drainage runoff is undisturbed and unimpeded.
The nearby ponds are naturally formed and the Camp has installed culverts at laneway
crossings which do not impede natural drainage.
-- - KAM ENGINEERING LTD.
1828 Blue Heron Drive,Unit 21
CKAM.) London,Ontario,N6H 057
t:519.474.0410 f:519.471.0034
e:kam @kameng.ca
6.0 SUMMARY
The Harvesters Baptist Church Camp does not intend to expand its operations. The 16 cabins
are proposed for shelter from inclement weather for the visiting children within the 200 person
limit.
All issues identified by Community Planners Inc. have been addressed in this report and in our
opinion are considered satisfactory in support of the requested rezoning.
We appreciate the opportunity of preparing this report. If you have any questions or require
additional information, please tali the undersigned.
Sincerely,
KAM ENGINEERINGLTD.
nt:: ng.
Senior Engineer
Attachments: Drawing C- 1
Cc: Harvesters Baptist Church CampMr, Michael Holmes
Community Planners Inc. Mr.Ted Halwa
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610 Princess Avenue
London, ON N6B 289
Tel: (519) 686-1300
Fax: (519)681-1690
Mo®' teith,OlBrown E-Mail: mbpc@mbpc.ca
ninrininn nnnsultants Web: www.mbpc.ca
22 April 2013
MEMORANDUM #13-2291
TO: Members of Council
Municipality of West Elgin
FROM: Ted L, Halwa
SUBJ: Proposed Severance_—1230937 Ontario Ltd. (Guy Graham) -.Lot 6, Concession IV -
between McLean Line and Kintyre Line,west of Furnival Road(County Road No. 103)
1. Pu.., rpose
• to sever a lot out of an 71.6 hectare (177 acre) parcel for the purpose of separating a woodlot from
the balance of an agricultural parcel (refer Figure 1);
• the lands proposed to be conveyed have a frontage of 585 metres (1,920 ft) on McLean Line, a
depth of 242 metres (794 ft) and an area of 14.2 hectares (35 acres). The parcel is devoid of
buildings and structures and is almost entirely comprised of a mature woodlot. No change in use is
proposed;
• the lands proposed to be retained would have a frontage of approximately 585 metres (1,920 ft) on
Kintyre Line, a depth of approximately 1,000 metres (3,281 ft) an area of 57.4 hectares (142 acres).
The parcel is without buildings and structures and is primarily cleared for agricultural purposes.
Lands in the southerly portion of the farm are characterized by lowlying and wooded sections
associated with several watercourses which meander through the area. No change in use is
proposed;
• neighbouring lands comprise a mix of agricultural uses, primarily cash crop interspersed with
pockets of wooded areas. No potentially conflicting land uses are apparent.
2. Provincial Policy Statement(PPS) and Official Plan
1230937 Ontario Ltd (Guy Graham) MONTEITH BROWN PLANNING CONSULTANTS
22 April 2013
page 2
under the Provincial Planning Statement (PPS), the creation of lots for agricultural uses is
restricted in prime agricultural areas and may only be permitted provided they are of a size
appropriate for agricultural uses common in the area and provided they are sufficiently large to
maintain flexibility for future changes in the type or size of agricultural operations (Section 2.3.4.1);
® the PPS defines "prime agricultural area" as areas where prime agricultural lands (i.e. specialty
crop lands and/or Canada Land Inventory Classes 1, 2, and 3 soil) predominate and where there is
a local concentration of farms which exhibit characteristics of ongoing agriculture (p. 34). Soils
mapping for the Municipality of West Elgin prepared by the Ontario Institute of Pedology indicates
that the subject lands are classified 'as Class I and Class 11 in terms of their soil capability for
agriculture. The fact that there is a local concentration of farms in the area (regardless of the
amount of woodlot cover present) would not appear to be an issue
• where severances of this nature have been appealed to the Ontario Municipal Board, the Board
has generally upheld the appeal. The Ministry of Agriculture, Food & Rural Affairs has not been
supportive of the splitting of agricultural lands which would result in parcels being created having
an area much less than about 40.5 hectares (100 ac) although an actual figure for minimum farm
size has never been stipulated in PPS. By comparison, the lands being conveyed have an area of
only 14.2 hectares (35 acres). The proposed severance would not be consistent with PPS in terms
of allowable severances in prime agricultural areas by the Ministry;
• the subject lands are designated `Agricultural' in the West Elgin Official Plan. The severing of
agricultural land into smaller parcels is permitted in accordance with the following policy:
To discourage the severing of prime agricultural land into smaller parcels, the minimum
area of both the severed and the retained parcels shall generally be 40 hectares. Where
parcels smaller than 40 hectares are being proposed, they may be permitted subject to the
following factors being taken into account:
a) the need to discourage the unwarranted fragmentation of farmland;
b) the lots to be created are of a size appropriate for the type of agricultural activity
common in the area;
c) whether the resulting parcels would constitute viable farm units;
d) the severed and retained parcel are large enough to maintain flexibility for future
changes in the type or size of agricultural operations,
e) whether the size of the parcels would have a detrimental impact on agricultural
productivity, operating efficiencies or future farming options;
1230937 Ontario Ltd (Guy Graham) MONTEITH BROWN PLANNING CONSULTANTS
22 April 2013
page 3
f) the boundaries of the parcels being created and their effect on the intended use of the
lands for agricultural purposes;
g) previous lots created out of the parcels including land dedications or expropriations;and
h) the inadvertent merging of the parcels as a result of the introduction of subdivision
control in 1970. (Section 6.2.7)
® the owner has advised that the purpose of the severance is "to separate the wood lot from the
arable land for the purpose of preserving and improving the wood lot for future generations....our
family and extended family have enjoyed the natural beauty of the wood lot and have invested in
keeping it in its natural state for over 150 years." This rationale, while having merit, does not
constitute a basis for dividing the parcel under the Official Plan or the PPS. Conformity with the
Official Plan is not capable of being demonstrated based on the information or rationale provided.
3. Zoning By-law
• the subject lands are zoned Agricultural (A1). The lands being conveyed would satisfy the minimum
lot frontage requirement (150 m) of the Al zone but would have less than the minimum lot area
requirement of 19 ha. A variance or re-zoning would be required to maintain compliance with the
By-law;
• the lands being retained would satisfy the minimum lot area and lit frontage requirements (19 ha
&150 m) of the Al zone. No change in zoning would be required.
4. Conclusions
• while the intentions of the applicant is admirable, it is difficult to reconcile the proposed severance
with the Provincial Policy Statement or the West Elgin Official Plan. The following requirement of
the Planning Act [Section 51(24)] with respect to the subdivision or severance of land would not
appear to be satisfied;
"(c) whether the plan(severance)conforms to the official plan .
• the severance was granted, the lands should be zoned in a manner which enhances the potential
for preserving the woodlot. Permitted uses should be restricted including the erection of any
dwellings in the future.
S. RECOMMENDATION
1230937 Ontario Ltd (Guy Graham) MONTEITH BROWN PLANNING CONSULTANTS
22 Aprfl 2013
page 4
That the proposed application for consent of 1230937 Ontario Ltd. (Guy Graham) not be
supported and the Elgin Land Division Committee be advised accordingly.
REASONS
i) Consistency with the Provincial Pafty-Statement would not be maintained;
ii) Conformity with the West Elgin Official Plan would not be maintained;
iii) The requirements of the Zoning 3y-law are not satisfied;
iv) The matters set out in the Planning Act would not be satisfied.
(original signed by)
Ted L. Halwa, MCIP, RPP
APPLICATION FOR A CONSENT
1230937 ®rlfari® Ltd. (Guy Graham, Agent) Wlunic:ipality of
McLean Line WEST ELGIN
Lot 6, Concession IV FIGURE I
Municipality of West Elgin
ZONING
Al
INN
GENERAL AGRICULTURAL
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CONCESSION III _ - ¢. }....
�, tt
NICL"EAN;LINE MCLEAN
IfIN
14.2 ha
(35 ac)
i
+
01,530 so so 120 ,
Metres 1.6 000
' < •° ®
CONC SSION IV s P
5
57.4 ha
(1 42 ac)
LOT 5 LOT 7
p.i: : L•Ta
Al
KINTYRE LINE -3. _
KIN �'
__.. TYREiLII+1E...y-.._ _
NMI
AtrPfiota 2066
® LANDS TO BE RETAINED WOODLANDS
Ito�teith�srov�n LANDS TO BE CONVEYED WATERBODY 1:10,000
Metres
0 125 250 375 500
MUNICIPALITY OF WEST ELGIN
APPLICATION FOR PROPOSED SEVERANCES
PLEASE COMPLETE THE FOLLOWING:
1. PROPERTY OWNER:
,NAME: _230937.Ontgrin limited
A.DDF?EBS. cla. tty�Grah�ln "Ft: .#it7crtr , N. Q'.iLO
PHONE:
2. LOT CONCESSION - ACREACE OF TOTAL PARCEL 177
3. PARCEL TO BE SEVERED:
ACREAGE 35 FRONTAGE 1.49,2(}ft_ iJEPTi-f 794
4• ACREAGE TO BE RETAINED: 142
5- REASONS FOR SEVERING AN AGRICULTURAL PARCEL—SURPLUS DWELLING ONLY
IS THE DWELLING SURPLUS TO THE NEEDS OF THE FARM?YES--NO
WHEN WAS DWELLING CONSTRUCTED? (YEAR)
fS THE DWELLING STRUCTURALLY SOUND &SUITABLE OR POTENTIALLY SUITABLE,
FOR HUMAN OCCUPANCY? YES—NO
WHERE IS YOUR PRINCIPLE RESIDENCE?
MUNICIPALITY
6- REASONS FOR SEVERING A PARCEL FOR OTHER THAN FOR SURPLUS DWELLINGS?
To separate the Wood-lot mm the arable Ian r
. _..�..�._j{�e. ur , Be of resd*rvir7 aCld Im ravin the
15!Qad lot for futur�r g�rir ;.4ns., .
7. OTHER COMMENTS: ��,�famil�r;�nd extgrl�J�.f�f�!1y,Yla_ve eninva-0-the natural beauty_af.the
W1,od.19f and have invea1R_14epfrrg_It In its naturI state for over.t.5 _
Q YI .
BATE_ L2 /4 �/ SIGNATURE
tVUT1=: There is na chur y for the fret time t;aurr "reviews a proposed severance Fapplica on_The fee for addlijonal reviews and
re submissions by Counfi€l is$f Q0.00 per instance.If you All W attend the council meoiing,please cont�tal the Clerk,
Proposed severance applications are reviewed by Cawncrl at their meeling held on the 4'h Thursday cif each month,
ROM submit this applicalfon to the Clark by the V Wednesday of the month for lmtusion in the agenda.
610 Princess Avenue
44fi6 London, ON N6B 2139
Tel: (519) 686-1300
Fax: (519) 681-1690
Monteith'0KrQWn E-Mail: mbpcambpc.ca
ninnnina cnnsnitants Web: www.mbpc.ca
22 April 2013
MEMORANDUM #13-2285
TO: Members of Council
Municipality of West Elgin
FROM: Ted L. Halwa
SUBJ: . .Proposed Severance_- 12739$9 Ontario_Inc. (Wendie Dupuis).._-_.Part_of Lot 8 & 9,
Concession XIV-south side of Gray Line west of Port Glasgow
1. Purpose
• to enlarge an existing parcel used for recreational purposes (Lakewood Trailer Park) through the
conveyance of abutting lands;
• the lands proposed to be conveyed have a frontage of 322 metres (1,056 ft) on Gray Line an
irregular depth and an area of 7.5 hectares (18.5 acres). The parcel is without buildings or
structures and is proposed to be added (merged in name and title) to an abutting parcel to the west
owned by Lakewood Trailer Estates Inc (Figure 1). The parcel being enlarged is approximately
14.7 hectares (36.4 acres) in size and is used for recreational purposes (seasonal trailer park). The
park was expanded in 2004 with the addition of a small parcel of land abutting Lake Erie. In 2007 a
site plan agreement was entered into to permit the addition of ten trailer sites on this parcel. With
the addition of the lands being conveyed, the new parcel would be 22.2 hectares (54.9 acres) in
size;
• the easterly boundary of the lands being conveyed would appear to follow Ox Creek which
because of its meandering nature is not always an appropriate long term property boundary;
• the lands proposed to be retained have a frontage of 600 metres (1,969 ft) and an area of 28.9
hectares (71,5 acres). The parcel is without buildings and structures and is extensively wooded
with some pockets of cultivated land. No change in use is being proposed.
Lakewood Trailer Estates Inc — Proposed Severance MONTEITH BROWN PLANNING CONSULTANTS
2. Provincial Policy Statement (PPS) and Official Plan
the Provincial Policy Statement (PPS) permits the creation of lots for legal or technical reasons
including minor boundary adjustment which do not result in the creation of a new lot. While arguably
not a minor boundary adjustment, the proposed conveyance and consolidation in title would create
a larger parcel used for passive recreational purposes where the loss of agricultural land is not at
issue;
• the lands proposed to be conveyed and enlarged are designated `Lakeshore Area' in the West
Elgin Official Plan. Consents for the purposes of conveying additional lands to an adjacent lot are
permitted provided:
a) the conveyance does not lead to the creation of an undersized, irregularly shaped lot(s)
unsuited to the purpose for which it is being used or proposed to be used, or contrary to
the provisions of the Zoning By-law unless the Bylaw is otherwise amended or a
variance granted,
b) the lands being conveyed are registered in the same name and title as the lands to
which they are being added,•and
c) it is stipulated in the granting of the severance that any subsequent conveyance or
transaction will require a future severance(Section 10.4.2)
• in this instance, enlargement of the existing trailer park is not intended to increase the number of
trailer sites available, rather, it is for the purposes of adding lands which are currently used for
walking trails and shoreline access by occupants of the trailer park. No buildings or structures are
proposed;
• based on the information provided, and given the intended use of the lands being conveyed,
conformity with the Official Plan is capable of being maintained.
3. Zoning By-law
• the lands being conveyed and retained are zoned `site-specific' Lakeshore Residential — Holding
(LR-1-H) while the lands being enlarged are zoned Trailer Park (TP). The site-specific zoning
allows a golf course and a marina in additional to all other permitted use of the LR zone. The lands
being conveyed would require a re-zoning to Trailer Park (TP) consistent with the zoning of the
lands they are being added to. Permitted uses of the TP Zone include a campground or trailer park,
Lakewood Trailer Estates Inc. - Proposed Severance MONTEITH BROWN PLANNING CONSULTANTS
a dwelling unit or single unit detached dwelling as an accessory use, and an accessory use; he
latter of which would include the uses to which the lands are being put;
m the LR-1-H zone would continue to apply to the lands being retained. Permitted uses include a
single unit dwelling, golf course and marina. A change in zoning would not be required unless and
until a proposal is submitted and approved for a different use.
4. Conclusions
• the proposed conveyance of lands given their designation and intended use for passive
recreational purposes, is considered appropriate.
5. Recommendation
That the proposed consent by 1273969 Ontario Inc. (Wendie Dupuis) be granted subject to the
following conditions and the Elgin Land Division Committee advised accordingly:
a) That the lands being conveyed be re-zoned to Trailer Park (TP) consistent with the zoning of
lands to which they are being added,,
b) That the lands being conveyed are merged in the same name and title as the lands to which
they are being added;
c) That Section 50(3) of the Planning Act, R.S.O.. 1390, as amended, shall apply to any future
transactions or conveyances on the subject lands.
REASONS
i) The severance is 'consistent with'the Provincial Policy Statement;
ii) Conformity with the West Elgin Official would be maintained;
iii) The requirements of the Zoning By-law are capable of being satisfied;
iv) The matters set out in the Planning Act would be satisfied.
(original signed by)
Ted L. Halwa, MCIP, RPP
APPLICATION FOR A ZONING ICY-LAW AMENDMENT
Lakewood Trailer Estates Inc. (Wendie Dupuis) Municipality of
Gray Line, Plan No. 11 R2054 WEST ELGIN
Pt Lot 7, Concession XIV (Eastern Division) FIGURE 1
Municipality of West Elgin;
ZONING
Al AGRICULTURAL CONCESSION XIII
LR LAKESHORE RESIDENTfAL :r
TP TRAILER PARK
4 1. •
ip i Tipp A 1 n HAMLET OF PORT GE.AISGOW >
..
BOUNDARY
� � :�� � ' -� 3 288 m•(945 ft}- �,'
�+x`S'�.2.
Q LR=3 H ' 3
SeasideWaterfronts
'Developments'Iric.
12 0
IL
RE IeylMonr e
" Lakewood Trailer
TP
Estates Ltd.
HR Port Glasgow Trailer Park
- C �
ON �SSION rXll/` �
Air P �r
iloto•200& �°.•
- -rxa- f
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LANDS TO BE REZONED TRAILER PARK (TP) s •
Nlontei4h-Brown 1:3,000
Metres
0 30 60 90 120
APPLICATION FOR A CONSENT S
Municipality �� .
Lakeview AIdborough Bluffs Inc. (Ric Kn Lit son agent.) WEST ELGIN,
of 4
Part of Lot 4. Concession XIV
FIGURE 2 .
Municipaiit�� of 1,��1est Elgin
:cVG
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Al
III .
GE2AYLINE
/ff/fir Al LR
34.4 ha
(2.3 ac) /lf ($5 ac) Lot 5
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augh Bluffs Inc
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LAND S TO BE CONVEYED AND MERGED 4
4$r 1 IN TITLEWITH ABUTTING LANDS 112-6
' T-14 `
LANDS TO BE RETAINED
o 25 50 ioa 150 goo
4 Maters 1.5,000
EXl ST1tIG 33 ft RIGHT-flF-1AlAY
Lakewood Frailer Estates Inc
On The Shores of Lake Erie
March 7, 2013
Municipality of West Elgin - Council
22413 Hoskins Line I
PO Box 490
Rodney, ON
NOL 2CO � J'
RE: Application for Proposed Severance - Land Addition (PT LOT 8_& PT LOT 9 CON 94)
Mr. Mayor, Deputy Mayor and Council Members,
Please find attached our application for a Land Severance (Land Addition) pertaining to PT LOT 8
and PT LOT 9 CON 14.
It is our intention to add the land to the existing trailer park on PT LOT 7 CON 14 (22499 Gray Line).
As I will be out of country during the March planning meeting, I would ask that this item not be
brought forward until the April 2013 planning meeting.
For further information I can be reached at
wendieQlakewoodte.com
519-785-2020
W. Dupuis
c/o Lakewood Trailer Estates Inc.
RR3
Rodney, ON NOL 2CO
Your attention to this request is appreciated.
Wendie Dupuis
22499 Cray Line x RR3 Rodney, ON NOL 2C0
MUNICIPALITY OF WEST ELGIN
APPLICATION -
APPLICATION FOR PROPOSED SEVERANCES
PLEASE COMPLETE THE FOLLOWING:
1 PROPERTY OWNER:
NAME: r.� '� <% �4 l t o C,
ADDRESS:
PHONE. -
2. LOT PT$tG CONCESSION I t- ACREACE OF TOTAL PARCEL: G
o -66 Sc-tQVEyED 1 o3 c7cT5(f j
3. PARCEL TO BE SEVERED:
ACREAGE, 1 S• 49Z FRONTAGE6a 1 9-7a 6 rr)DEPTH 3Cj 8, 19
4. ACREAGE TO BE RETAINED: _7 1.r �cP (IZ,j ► a��y�)
5. .l REASONS FOR SEVERING AN AGRICULTURAL PARCEL-SURPLUS DWELLING ONLY
�
IS THE DWELLING SURPLUS TO THE NEEDS OF THE FARM? YES NO
WHEN WAS DWELLING CONSTRUCTED? (YEAR)
IS THE DWELLING STRUCTURALLY SOUND & SUITABLE OR POTENTIALLY SUITABLE, FOR
HUMAN OCCUPANCY? YES NO
WHERE IS YOUR PRINCIPLE RESIDENCE?
MUNICIPALITY
6. REASONS FOR SEVERING A PARCEL FOR OTHER THAN FOR SURPLUS DWELLINGS?
C>F C� kPZZLOT_L�4 U5L:U bra-. 12,Er,4TE'jb Fob r 9AILS Af,(--I-) Sklonc
7. OTHER COMMENTS: RCCESS ?D y T,�t-R�
E V E fQ 1: N C)X,
m u+�p e r +�A L A C�2 V 1 C�:.5•. r
DATE I SIGNATURE
NOTE: There is no charge for the first time Council reviews a proposed severance application. The fee for
additional reviews and re-submissions by Council is $100.00 per instance. If you wish to attend the
council meeting, please contact the Clerk. Proposed severance applications are reviewed by Council
at their meeting held on the 4++'Thursday of each month. Please submit this application to the Clerk by
the 2nd Wednesday of the month for inclusion in the agenda.
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610 Princess Avenue
London, ON N6B 2139
Tel: (519)686-1300
Fax: (519) 681-1690
E-Mail: mb_pc @mbi)c.ca
olannina rnnsirltants Web: www,mbpc.ca
22 April 2013
MEMORANDUM #13-2254
TO: Members of Council
Municipality of West E=lgin
FROM: Ted L. Halwa
SUBJ: Proposed Severance — Donald and Betty MCKillop — 24810 Talbot Line (County Road
No. 3)-part of Lot 16 & 17 Concession XII—Report#3
Further to our last report dated 25 March 2013 wherein we addressed the obstacles governing a merger
of the two parcel under one title, it is conceivable that if the Municipality is willing to assume ownership
(something the County has refused to do) of a small portion of the lands (i.e. 1- 2 square feet) to which
the lands being conveyed are intended to be added to, the intended merger will take place. As this would
seem to be a relatively innocuous action by the Municipality (albeit contrary to what we have
recommended in the past) while at the same time achieving what Council intended in the first instance,
we have drafted the following conditions for consideration by the Land Division Committee:
i) that 0.1 sq m of land from the parcel to which the lands being conveyed would be added be
conveyed to the Municipality of West Elgin;
ii) that the lands being conveyed be merged in the same name and title as the lands to which they
are being added to;
iii) that Section 51(3) of the Planning Act shall apply to any future transactions or conveyances of
the subject lands.
(original signed by)
Ted L. Halwa, MCIP, RPP
510 PRINCESS AVENUE
LONDON,ON N6B 2139
TEL: (519)686-1300
FAX:(519)681-1690
E-MAIL:mbpc @mbpc.ca
22 April 2013
MEMORANDUM #13-2286
TO: Members of Council
Municipality of West Elgin
FROM: Ted L. Halwa
SUBJ: Proposed Solar Panels— Kyle&_Jennifer McIntosh —Liebner Lane—Village of Rodney
The Municipality is in receipt of an inquiry and a request from Kyle McIntosh (owner along with his spouse
as co-owner of the subject lands) with respect to the placement of solar panels on Lot 22 at the north end
of Liebner Lane (unopened) in Rodney. Photographs of similar facilities and a site plan have been
provided (refer attached).
The structure would comprise two racks containing a total of approximately 45 solar panels and having a
maximum height of 2.0 metres (6.5 ft) above grade. A 1,8 metre (6.0 high) wood privacy fence) is
proposed along the northerly and westerly limits of Lot 22, and partially along abutting Lot 21 to the south,
effectively screening the solar panels from neighbouring single unit dwellings to the west at 297 and 295
Ridout Street. A buried hydro line would extend along the westerly portion of Liebner Lane from the solar
panels and connecting with an existing hydro pole on Centre Street.
Although the proponents own an additional 5 lots fronting on Liebner Lane, it is their stated intention to
leave them as "grassed open space". Access to the solar panels would be by means of Liebner Lane, a
20 metre (66 ft) wide unopened and untraveled road allowance. It is proposed that a 2.1 metre (7.0 ft)
wide gravel lane be established within the Liebner Lane road allowance to physically allow vehicular
access to the site although it is understood that the need for such access would be infrequent.
While solar panels would have normally been regulated under the Zoning By-law, this came to an end on
September 24'", 2009 with the proclamation of the Ontario's Green Energy Act. The Act, amongst other
matters, removes any barriers under the Planning Act that would prevent or impede renewable energy
projects. The following sections are relevant:
Kyle McIntosh—Liebner Lane—proposed solar panels MONTEITH BROWN PLANNING CONSULTANTS
Municipality of West Elgin
April 22, 2013
A person is permitted to use designated goods, services and technologies in such
circumstances as may be prescribed, despite any restriction imposed at law that would
otherwise prevent or restrict their use, including a restriction established by a municipal
by-law, a condominium by-law, an encumbrance on real property or an agreement
[Section 4(2)]
A person is permitted to engage in activities with respect to a designated renewable
energy project, a designated renewable energy source or a designated renewable energy
testing project in such circumstances as may be prescribed, despite any restriction
imposed at law that would otherwise prevent or restrict the activity, including a restriction
established by a municipal by-law, a condominium by-law, an encumbrance on real
property or an agreement[Section 5(2)]
Along with the abovenoted provisions, the Planning Act was amended to exempt renewal energy
undertakings Le.:
A by-law or order passed or made under Part V does not apply to a renewable energy
undertaking[Section 62.0.2(6)]
Part V of the Planning Act, entitled Land Use Controls and Administration, empowers municipalities to
enact land use controls including regulating the location and size of buildings and structures through the
adoption of zoning by-laws.
In essence, all renewable energy projects or sources including but not limited to solar panels and wind
towers, are now exempt from the requirements of zoning by virtue of the Green Ener Act. They are not
necessarily exempt, however, from the requirements of the Ontario Building Code.
Although Liebner Lane is unopened and untraveled, the Municipality has jurisdiction over its use. The
proponents are requesting the following permissions from the Municipality all at no cost to the
Municipality:
i) to install a buried hydro wire (approx. 2' in dia.) within the grassed portion of the road allowance,
one metre below the surface),
ii) to install a 2.1 m (7 ft.) gravel access lane within the road allowance to provide access to the
subject lands as well as the remaining 5 lots for maintenance purposes.
It is the intention of the proponents to obtain the necessary permits and approvals over April— May and
undertake the work during the summer.
Kyle McIntosh -Liebner Lane-proposed solar panels MONTEITH BROWN PLANNING CONSULTANTS
Municipality of West Elgin
April 22, 2013
The Municipality's Road Superintendent, Paul VanVaerenbergh, has advised that, while the proposed
gravel driveway may be adequate for periodic access, it would not be sufficient as a travelled roadway.
The proposed depth of the hydro cable, at 1.0 m (3 ft.) would not be deep enough if located within the
travelled portion of the road.
While the subject lands are designated `Residential' in the Official Plan, are zoned for single unit
detached dwellings (RI-H) and neighouring adjacent lands are developed for these purposes, the
proposed use is benign in nature with no apparent potential for significant adverse impacts on adjacent
land uses. A proposed privacy fence would visually screen the solar panels from neighbouring dwellings
and the hydro connection to the grid for the panels would be installed underground. Under the PPS,
alternative energy systems and renewable energy systems shall be permitted in settlement areas, rural
areas and prime agricultural areas in accordance with provincial and federal requirements.
Any permission granted by the Municipality should ensure that privacy fencing will be effective and
adequately maintained over the life of the project and that the proposed access driveway on Liebner Lane
will not constitute a public road and be construed as such providing access to existing or proposed
abutting undeveloped lots on Liebner Lane.
Recommendation
1. That the Road Superintendent advise Council on the appropriate design and construction
of an access driveway within the Liebner Lane road allowance including the installation of
an underground cable;
2. That the Administration and Planner prepare a draft agreement to allow for the use of
Liebner Lane as requested by the proponents for the consideration of Council.
(original signed by)
Ted L. Halwa, MCIP, RPP
F roposed Solar panels .;4.
yle &Jennifer McIntosh Municipality of ebner Lane WEST ELGIN llage of Rodney FIGURE 1
Municipality of West Elgin
�X F
LOT 21
4 ;
V.
LOT 19 LOT 7
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LIESNER LANE - m o o" BURIED HYDRO LINE
sF
NT7o gFi4Hc 3Y vrr� UNOPENED ROAD ALLOWANCE _= 6 FOOT WOOD PRIVACY FENCE 1:1,000
6 FOOT CHAIN LINK SECURITY FENCE
2.1 M GRAVEL LANE
Proposed Solar Panels
Kyle & Jennifer McIntosh Municipality of
Liebner Lane WEST ELGIN
Village of Rodney FIGURE 3
Municipality of West Elgin
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} PROPOSED MICROFIT
MPOSED 1 1 SOLAR PROJECT
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295 RIODUT ST `O LOT 21 8
(K. WNTOSH)
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288 R100UT ST (J. MCINTOSH)
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CENTRE STREET °HYDRO POLE
1)mteith 2kaa�n
Proposed Solar Panels
Kyle & Jennifer McIntosh Municipality of
Liebner Lane WEST ELGIN
Village of Rodney FIGURE 2
Municipality of West Elginy,
-��at m� .
a
` n � v
r
Photo 1: View from Centre Street, Looking north-west down
Liebner lane (unopened Road Allowance)
Firmr�
'10111 ith Bvovin Photo 2: Typical Microfit Solar System - Maximum height not to
exceed 6.5 feet.
The Municipality of West Elgin
TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN
FROM: Scott Gawley, Administrator/Treasurer
DATE: April 25, 2093
SUBJECT: Port Glasgow Trailer Park — Park Operator
RECOMMENDATION:
That Council award the contract for the Park Operator duties to Andrea and
Sylvia Hunniford for the 2013, 2014 & 2015 operating seasons; AND FURTHER
that staff be directed to get quotes for the installation of a Range and Fire
Suppression System for the cooking area; AND FURTHER that the contract be
prepared for signing with the new Park Operators.
INTRODUCTION:
At the March 14, 2013 the resignation of Bruce and Jean Swain's resignation as
Park Operators was received with regrets and Council directed the
Administrator/Treasurer to prepare a Request for Proposal (RFP) for a Park
Operator.
DISCUSSION:
A RFP was prepared and posted the Municipality's Web Site and advertised in
the West Elgin Chronicle with a closing date of April 19t', 2013.
Five RFP's were received and the results are attached. For the financial review
of the RFP's received, I used both the Transient sites remaining the same as
2012 (approx. 1680 nights) and reducing the transient sites by 50% (based on
the number of sites being reduced to meet the Zoning By-Law requirements).
Based on the evaluation of the RFP's, it is recommended that a three year
contract be awarded to Andea Hunniford and Sylvia Hunniford for the 2013, 2014
and 2015 Trailer Park Season with the following terms:
1. Park Operator retain 45% of the Transient Fees collected.
2. Park Operator retains proceeds from the operation of the Food Booth.
3. Park Operator pay a rental fee for Food Booth $1,250.00 per season.
4. Park Operator Duties Contract $6,500.00 per season (Appendix A).
5. Municipality will be provide a range hood and fire suppression system
over the cooking area and the Park Operator will provide an additional
30% on transient fees for the Friday and Saturday's of long weekends.
A number of booking were accepted last year for the May & September Long weekends
for the square dancing and it is recommended that those booking be allowed for this
year only.
Respectfully Submitted,
Scott Gaw
Administrator/Treasurer
APPENDIX A
Job Duties of Park Operator
1. The park and all facilities shall be made ready for the first weekend of May of
each year and maintained throughout the season.
2. In general, the Park Operator duties are:
a. Provide the services of a refreshment booth;
b. Register(transit) campers, collect fees and assign lots (approximately 40
sites available for overnight camping—however the number of sites
available are currently under review to agree with the Municipality of
West Elgin Zoning By-Laws);
c. Inspect the washrooms at regular intervals (daily) and keep clean and tidy
at all times;
d. Maintain records of the pavilion, scout hall and picnic shelter reservations
and ensure these buildings are kept clean and tidy.
3. During the period from July I"to Labour weekend, the services of all park
facilities shall be made available to the public each day from 12:00 p.m. to 9:00
p.m., and a responsible person be on duty at the park daily.
4. During the period of May, June and Labour Day weekend to October 15th, the
services of all park facilities shall be made available to the public:
a. Monday to Thursday from 5:00 p.m. to 8:00 p.m, daily;
b. Friday to Sunday from 12:00 p.m. to 8:00 p.m. daily;
c. A responsible person shall be on duty at the park during these periods.
5. The park Operator shall submit monies collected with back-up documentation to
the municipal office the Monday (or Tuesday if Monday is a holiday) of each
week.
6. The park Operator is responsible for stocking and operating the refreshment
booth. In the past profits realized are to be considered remuneration for this
responsibility. Types of stock and the extension of hours for special events shall
be made available according to demand. The Municipality will be responsible for
maintaining the refreshment booth building and with the existing equipment (if
operators require additional equipment, it may be the responsibility of the Park
Operator) unless repairs are as a result of the negligence of the Park Operator.
The booth shall be clean and closed for the season on October 15`" of each year.
7. The park Operator shall assist in the control of proper behaviour within the park.
Any excessive swearing, drinking, noise or speeding which the Park Operator
cannot control shall be reported to the Park Manager or the OPP if necessary.
8. For these services are to be part of the Request For Proposal Submissions.
,L.
Port Glasgow Yacht Club
Proudly Serving Nest Elgin Since 1955
P.O. Box 315, Rodney, ON NU 2C0 April 15th, 2013
Municipality of West Elgin
22413 Hoskins Line
PO Box 490
Rodney, Ontario
NOL 2CO
Via email
Dear Worship Mayor Bernie Wiehle* & Your Council,
The Volunteers of Port Glasgow Yacht Club are very pleased to inform your Worship and
Council that Marina Dredging initiatives discussed at your Jan. 28`h, 2013 Marina Board of
Management meeting are now reality. This letter is to update Your Worship and Council of the
happenings initiated by the Port Glasgow Yacht Club this spring.
PGYC recognizes and appreciates the Mayors' personal efforts over the past months in obtaining
various Government dredging funding, however unsuccessful.
The situation of naturally occurring low Great Lakes water levels, as our Delegation updated
Council late last year, required immediate and rather drastic dredging of our Marina basin.
PGYC, through MNR dredging permits, engineered, contracted and financed the dredging that
was required to keep the Marina useable and viable long term. Lake Huron and Michigan have
reached; since Great Lake water level records were initiated in 1860; record low levels. These
historic low water levels are hindering the operation of numerous Great Lakes Marinas and
shipping commerce. Fortunately our Marina, with the successful dredging initiative, is in
excellent condition. Port Glasgow Yacht Club and Marina will he reads, to welcome the
thousands of boaters who will enjor West Elvin and our ivarina again this year!
The cost of the dredging, funded by PGYC, was $20,000; plus there will be the cost of removing
the dredged soil. PGYC would appreciate, as earlier anticipated, West Elgin's assistance
removing the dredged soil. The dredged soil we understand is excellent clean fill and would
defer West Elgin from future purchases of needed clean fill material. (As an alternative PGYC
can arrange a private company to remove the soil.) PGYC looks forward to a quick response
from your Worship before we, PGYC, proceed with contracting the removal of the fill to a
private company. We do foresee large cost savings to West Elgin with our offer of free fill. We
do not foresee dredging again for at least another 2 or 3 years.
PGYC Master Plan envisions removal of the soil mound west of the basin, which is the soil
dredged during the Marina basin creation in 1995. We ask your Worship to consider removal of
this mound be inclusive with the removal of the recently dredged soil.
PGYC is ready to enthusiastically embark; partner with Your Worship and Council; and instigate
Phase One of our Marina Master Plan. The discussions of Development adjoining our properties
can only expedite PGYC desire to proceed with our Marina Master Plan; especially improving
traffic flow and parking and construction of new breakwater piers. PGYC is open and ready to
any assistance Your Worship and your Council can provide to this end.
West Elgin should be very excited that Port Glasgow Yacht Club is ready to welcome the extra
tourism the Port Burwell Project Ojibwa has created. The waiting list for our customers is
growing, well over 3 years, and we must look at expanding the Marina and improving the
breakwater piers. PGYC had their Planner consider all this in the long term plans for our Marina.
Restating, from the Jan. 28th, 2013 Marina Board of Management meeting, some of the PGYC
funded Marina improvements over the past 2 years include the new west launch ramp and
floating dock @ $140,000, additional 4 picnic shelters @ $34,000, and conversion of the channel
marker light to solar power which allowed removal of an old electrical trailer and associated
electric poles @ $3,500.
The Volunteers of Port_Glasgow_.Yacht Club.ask.the Mayor and Council of West Elgin
recognize the work done by the Volunteers and your continued support_of their efforts.
Yours truly,
Dan Carr
*Dan Carr
President
Port Glasgow Yacht Club
Cc.
Chris Vandongen Harbour Master Councilor Dug Aldred
*Terry Foulis Past President Councilor Norm Miller
* Rob Mote 2nd VP *Deputy Mayor Mary Bodnar
* Bob Carey Secretary/Treasurer Whitey Denomme Director
Wayne Roodzant Director * Wayne Reinhart Vice President
Norma Bryant WE Clerk Scott Gawley WE Administrator
Dennis Lee Director Stewart Murray Director
Bill DeBie Director Ray Denning Associate Director
Steve Kerr Associate Director Councilor Richard Letham
(*Denotes a Member of West Elgin Marina Agreement Board of Management)
RODNEY AL®BOROUGH AGRICULTURAL SOCIETY
P.O. Box 130
Rodney, Ontario, NOL 2C0
www,rodneyfair.ca
April 4, 2013
Municipality of West Elgin
P.O. Box 490
Rodney,ON
N0L 2C0
Dear Council Members
The Board of Directors of the Rodney Aldborough Agricultural Society is in the process of planning and
organizing the annual fair to be held on Septemher_ 3`h14th and.15`"_2Q13.As in the past there will be a
"Ea[r..Pa[ade"._held on the Saturday_of the fair.
This letter is a bequest#9r the-paraAe Lo-proceed on Furn v_al._Roadfrom Victoria St._(parade forms up_a#the_,
.lRv_dney Legion)_to Queen St. and east on Queen St.to the fairgrounds from Sept 12 noon to 1 p_m. on Saturday,
ember 14^- _ --_ _
If you have any questions andlor concerns please discuss with Bernie Wiehle, parade superintendent.
Thank you.
Yours truly,
��June McLarty
Secretary
1-3
Rodney Ald ®r®u-g.h gricukura� Society
P.O. Box 130 Rodney, ON NOL 2CO
www.rodneyfair.ca
April 4, 2013
Municipality of West Elgin
Council Representatives
P.O. Box 490
Rodney, ON
NOL 2CO
Dear Council Members
The Board of Directors of the Rodney Aldborough Agriculturaf Society is in the process of planning and
organizing the EL nuai fair to be held on.September 13t'', 14`h,,and_15`"2013.We are having a tractor pull on
the Friday night and subsequently plan to have a 'Beer Garden'on that evening, from 7 to 12
As in 2012,the fenced off garden will be located at the north end of the grandstand during the tractor pull.
The fair board members with Smart Serve Training will be providing the bar servire. The Ontario Provincial
Police will be contracted for security.
We trust you will give this request due consideration and will send us Wotten_approval and a Municipal
_.Liquor application form at your earliest convenience. Please contact me at 519-768-1858 if you have any
questions and/or concerns.
Thank you.
Yours truly,
94�f
June McLarty
LI/$ecretary
ft Township of Wainfleet
�Q
l„M%VV 1 �VGflY1 f12�1� - Y1Gl Lour(,oulL 1�T siIG ;
April 11, 2013
The Honourable Kathleen Wynne
Premier of Ontario
Legislative Building
Queen's Park
Toronto, ON M7A 1A1
RE. Motion to Declare the Township of Wainfleet is Not a "Willing Host"for Wind
Turbine Development C-123-2013
Dear Premier,
Please be advised that Council for the Township of Wainfleet, at its meeting held on
April 9'", 2013, passed the following resolution:
WHEREAS the Premier of Ontario has recently conveyed the Government's
desire to limit Industrial Wind Turbine (IWT) Projects to communities that are
willing hosts;
AND WHEREAS Council for the Township of Wainfleet has received a clear
message from its residents that they are not willing to host to IWTs in Wainfleet;
AND WHEREAS Council for the Township of Wainfleet has taken a consistent
position on the issue of IWTs;
NOW THEREFORE BE IT RESOLVED THAT the Council for the Township of
Wainfleet applauds the position taken by the Premier and the Government;
AND THAT based on the consistent position of Council for the Township of
Wainfleet and the input received from the community regarding IWTs, the
Province of Ontario and specifically the Ministry of Environment be now advised
that the Township of Wainfleet is not a "willing host"for IWTs;
AND THAT this resolution be circulated to Premier Kathleen Wynne, as well as
to the Minister of Environment, Minister of Energy, Minister of Rural Affairs and to
all Ontario municipalities for their support and endorsement.
31940 Highway#3 • P.O. Box 40 •Wainfleet, ON • LOS 1 VO
PHONE 905.899.3463 • FAX 905.899.2340 • www.wainfleet.ca
Motion C-123-2013 —Willing Host
2013 04 11
Page 2
A copy of the signed Resolution is enclosed for your records. Should you have any
questions, please contact the undersigned.
Sincerely,
Scott Luey
CAOIDeputy Clerk
SLlsd
Encl.
cc: Honourable, Jim Bradley, MPP, Minister of the Environment
Honourable Bob Chiarelli, MPP, Minister of Energy
Honourable Jeff Leal, MPP, Minister of Rural Affairs
All Ontario Municipalities (via email)
31940 Highway#3 ^ P.O. Box 40 a Wainfleet, ON e LOS 1 VO
PHONE 905.899.3463 • FAX 905.899.2340 • www.wainfleet,ca
TOWNSHIP OF WAINFLEET
RESOLUTION
Moved by Betty Konc No. 0-123-2013
Seconded by David Wyatt Date: April 9, 2013
WHEREAS the Premier of Ontario has recently conveyed the Government's desire to limit
Industrial Wind Turbine(iWT)Projects to communities that are willing hosts;
AND WHEREAS Council for the Township of Wainfleet has received a clear message from
its residents that they are not willing to host to IWTs in Wainfleet;
AND WHEREAS Council for the Township of Wainfleet has taken a consistent position on
the issue of IWTs;
NOW THEREFORE BE IT RESOLVED THAT the Council for the Township of Wainfleet
applauds the position taken by the Premier and the Government;
AND THAT based on the consistent position of Council for the Township of Wainfleet and
the input received from the community regarding IWTs, the Province of Ontario and
specifically the Ministry of Environment be now advised that the Township of Wainfleet is
not a"willing host"for IWTs;
AND THAT this resolution be circulated to Premier Kathleen Wynne, as well as to the
Minister of Environment, Minister of Energy, Minister of Rural Affairs and to all Ontario
municipalities for their support and endorsement.
Carried® ❑ Lost
or irman)
Recorded on
Request of:
Councilor/Staff Member Yeas Nays
Alderman Dykstra
Alderman Hessels
Alderman Konc
Alderman Wyatt
Mayor Jeffs
Carried❑ ❑Lost
Clerk
31940 Highway#3 - P.O. Box 40 -Wainfleet, ON • LOS 1 VO
PHONE 905.899.3463 • FAX 905.899.2340 • www.wainfleet.ca
l rt
Onfaria Co_nveni A
Stares Ass0--'- i0-n
Dear Community Leader,
On behalf of the Ontari�o_Cnvenlence Stores Association' (OCSA) and the many convenience
store retailers across.-tKis province, I would like to address a serious problem impacting not only
small busins6s--In our communities, but the safety and security of our residents.
. distribution and ,sale of contra�and (ilk) tobacco is a growing concern throughout
Ontario. The sale of contraband hurts small business and government through tax evasion,
resulting in millions of dollars in lost tax revenue annually. The sale of contraband also
contributes to organized crime schemes and the deterioration of community safety; according to
the RCMP, over 175 organized crime groups are involved in the distribution of contraband
tobacco in Canada, It is a serious public safety concern that must be addressed at all levels.
The health and safety of our young people is also at risk. Contraband is sold at very low prices
and without age verification checks, making it highly accessible to young people, who should
not be smoking at all.
The Ontario government has taken the important step of addressing contraband tobacco in their
2012 provincial budget. Measures in that budget included increased fines for those convicted of
contraband offenses, more authority for law enforcement officials to deal with these offences,
and working with other jurisdictions to help tackle the contraband problem.
We ask that you Join over 60 municipalities in supporting a motion which ensures the
timely implementation of the proposed measures set out by the Minister of Finance.
Attached, you will find our proposed motion which has been passed by municipalities
representing 43% of the Ontario population. Communities including Thunder Bay, Sault Ste.
Marie, Sudbury, London, Windsor, Oshawa, Mississauga and North Bay have all supported
stopping the spread of contraband tobacco by passing this motion,
I hope that Ontario's convenience store retailers can count on your support to address this vital
community safety and health issue.
Best Regards,
Dave Bryans
CEO, Ontario Convenience Stores Association (OCSA)
PROPOSED MOTION FOR ADOPTION BY COUNCIL
WHEREAS Contraband tobacco has negative public consequences and impacts such as unrestricted
youth access to tobacco products, and an increase in criminal activity
AND WHEREAS contraband tobacco products are easily accessible in our community;
AND WHEREAS small businesses are sometimes forced to close because of the sale of contraband
tobacco;
AND WHEREAS small business in our community and government in general stand to benefit from the
institution of tougher restrictions on contraband tobacco;
THEREFORE be it resolved that this Council request the Mayor write a letter to the Ontario Minister of
'Finance in support of the Ontario Government's 2012 Budget commitments to eradicate contraband
tobacco through the implementation of additional regulatory, enforcement and other provisions in Bill
186 and amendments to the Tobacco Tax Act. Particularly, in support of measures such as:
• increased fines for those convicted of offenses related to contraband tobacco;
• more authority for law enforcement officials with respect to: forfeiture of items seized, and
impounding of vehicles.
• drawing on the best practices of other jurisdictions and working collaboratively with the federal
government and other jurisdictions to enhance contraband tobacco control through joint
enforcement efforts,
AND that the provincial government be encouraged to continue to strengthen their strategies to address
the manufacture and supply of contraband tobacco and maintain their commitment to introduce
amendments this fall to implement these measures.
AND that surrounding municipalities be made aware of the actions taken by this Council to address the
concerns presented by contraband tobacco.
i'
TOBACCO ENFORCEMENT
(FROM THE 2012 ONTARIO BUDGET)
Tobacco use continues to be the leading cause of preventable disease and premature death in Ontario. The
government's Smoke-Free Ontario Strategy has made the province a leader in tobacco control. Ontario remains
committed to reducing smoking among youth and other vulnerable persons, and to achieving the lowest
smoking rate in Canada.
As part of this commitment, the government intends to take the necessary steps to increase fines on those
convicted of selling tobacco to youth and to impose stronger sanctions for repeat offenders of Ontario's
tobacco-related laws. These sanctions would include prohibiting a retaller from selling tobacco products or
lottery tickets and would be implemented by the fall.
The availability of cheap, illegal tobacco makes It easier for non-smokers, especially youth, to start smoking,
and removes an incentive for smokers to quit,undermining the government's policies to reduce smoking.
The government will work with key partners to further educate the public about health and social problems
associated with tobacco and will undertake research to help measure the Impact of its tobacco strategies on
smoking levels in the province.
Ontario has also committed to doubling enforcement efforts to address the supply of cheap, illegal tobacco. As
part of this commitment, the government will focus on the implementation of additional regulatory,
enforcement and other provisions in Bill 186, which was enacted in 2011.
With the goal of enhancing oversight over the distribution of raw leaf tobacco in the province, Bill 186 provides
for the regulation of raw leaf tobacco under the Tobacco Tax Act, effective October 1, 2012, In this context,
raw leaf tobacco includes flue-cured tobacco as well as black and burley tobacco, and it also includes fully or
partially processed tobacco. Tobacco growers, dealers, processors, importers, exporters and certain
transporters will be required to register and report with the Ministry of Finance in order that this key
component in the manufacture of tobacco products can be tracked throughout the supply chain. As the
regulations are drafted, the Ministry of Finance will consult with key stakeholders including First Nations
leadership.
Ontario also proposes to introduce amendments to the Tobacco Tax Act in the fall to provide additional
enforcement and compliance tools. As part of this process, the government is actively exploring a number of
measures,including;
• increased fines for those convicted of offences related to illegal tobacco;
• enabling law enforcement officers to ticket those found with smaller amounts of untaxed, illegal
tobacco;
• impounding vehicles used to transport illegal tobacco;
• providing for the use of court-authorized tracking devices;
• forfeiture of items seized as evidence of a contravention of the Tobacco Tax Act;
• authorizing a vehicle to be stopped, detained and searched if there are reasonable and probable
grounds to believe that it contains raw leaf tobacco and, if there has been a contravention, to seize that
tobacco;
• strengthening the registration system for retail dealers;
0 replacing Ontario's yellow tear tape with the federal stamp;
0 adopting best practices that have proven to be effective in other provinces; and
0 strengthening other provisions to improve the effectiveness of the statute in meeting the government's
commitments,
Consultation and discussions with stakeholders and key partners, including First Nations communities and
organizations,will take place as part of this process.
Ontario will continue Its ongoing dialogue with First Nations communities and organizations, band councils,
and on-reserve tobacco manufacturers with the goal of expanding its understanding of tobacco issues on
reserves, The government will also work with First Nations to explore ways to modernize the system for
allocating untaxed tobacco products as well as options related to First Nations self-regulation of tobacco on
reserve.
The availability of cheap, illegal tobacco is a significantly complex issue and requires the active involvement of
governments of neighbouring provinces; the federal government; First Nations leadership; and numerous
policing and enforcement agencies including the Ontario Provincial Police, Royal Canadian Mounted Police,
First Nations policing services, municipal public health units and municipal police services. The ministry will
continue to actively bulld relationships with other ministries, governments, First Nations leadership, and
various enforcement agencies to work together on common goals and share best practices,
Ontario is working collaboratively with the federal government and other provinces to enhance tobacco
enforcement, To effectively address illegal tobacco,joint tobacco enforcement and administration agreements
are needed between Ontario, other provinces and )urlsdlctlons, and various federal agencies. Ontario is
particularly concerned about the Impact of the proposed relocation of the Canada—U.S. border crossing
currently located in Cornwall.
Over the next three years,the Implementation of Bilf 186 measures as well as the proposed measures to
address illegal tobacco would raise revenues of$375 million, By 2014-15, additional annual revenue would be
$175 million,with additional annual enforcement costs of$34 million.
Source: 2012 Ontario Budget: Chapter IV:Tax and Pension Systems, March 2012
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__ � ail I John Street, P.O. Box 39
Killeloe, ON KOJ 2A0
Telephone: (613)757-2300-Fax. (613)757-3634
email: info@khrtownship.ca
Web Site: killaloe-hagarty-richards.ca
April 17, 2013
Dave Bryans
CEO, Ontario Convenience Stores Association
Suite 217-466 Speers Road
Oakville, On
WK 3W9
Dear Mr. Bryans
Re: Proposed Motion on Contraband Tobacco
—----------
In reference to the above and further to your letter, please be advised that Council for
the Township of Killaloe, Hagarty and Richards passed a resolution at its Regular
Meeting on April 2, 2013 to support stopping the spread of contraband tobacco.
Should you have any questions, please feel free to contact our office.
Yours truly
Susan Sheridan, CMO
Deputy CAO Clerk-Treasurer
SS/dcao
cc: Ontario Minister of Finance
Municipalities in Ontario
Enck
,r
dteTOWNSHIPof r.
87 John Street South
Tal Aylmer rs: 19- 2C3 ��® � .4
Tele hone:5 1 9-773 5 3A.4
Fax:519.773.5334 ,--
www.malahide.ca Aupr011d tradition, a 6rightfuture.
R,
March 19,.201.3_ -
Ministry of the Environment
2"D Floor—Macdonald Block,
Suite M2-22—900 Bay Street
Toronto, Ontario
M7A 1N3
- And
Ministry of Transportation of Ontario
77 Wellesley Street, West
Ferguson Block, 3rd Floor
Toronto, Ontario
M7A 1Z8
Dear Sirs:
RE; Ontario Drive Clean program
At its regular meeting held on March 7, 2013, the Council of The Corporation of
the Township of Maiahide passed the following resolution:
WHEREAS a recent Provincial Auditor General's report spelled out major
concerns with the Drive Clean program;
AND WHEREAS vehicle emissions have declined significantly since the
Inception of Drive Clean in 1999 to the point that they are no longer among
the major domestic contributors to smog in Ontario;
AND WHEREAS this is primarily the result of newer vehicles being
Inherently cleaner though design, such as better manufacturing standards
for emission control equipment and federal requirements for cleaner fuel;
AND WHEREAS the Drive Clean program has outlived its original purpose
and as such the Provincial Auditor General's recommendations concerning
the Drive Clean program should be implemented as soon as possible;
MICHELLE M.CASAVECCHIA SUSAN E.WILSON
Chief Administrative Officer/Clark Director of Finance
mcasavecchio*rnalahide.ea swilson @molahlde.ca
_2 _
AND WHEREAS the now Drive Clean regulations are causing undo
frustration and expense to the taxpayers of Ontario;
i AND WHEREAS the ratepayers of the Township of Maiahide have asked
that the Council push back on government imposed regulations that
appear to have limited local benefit;
NOW THEREFORE,the Council of The Corporation of the Township of
Malahide does hereby propose that the Drive Clean program be wound
down recognizing that It was originally created to relieve rural and small
town Ontario where vehicle concentration is low and to keep the testing
only in areas of high concentration,essentially making rurallsmall town
Ontario exempt from Drive Clean;
AND THAT this resolution be forwarded with a request for action to: the
Ontario Ministry of Transportation,the Ontario Ministry of the Environment,
Jeff Yurek,Elgin-Middlesex-London MPP,Association of Municipalities of
Ontario(AMO), Rural Ontario Municipal Association (ROMA),and the
County of Elgin municipalities.
We look forward to receiving a response to the above request at your earliest
convenience.
Yours very truly,
TOWNSHIP OF MALAHIDE
M. CASAVECCHIA, D.P.A., C.M.O., CMM III
Chief Administrative Officer/Clerk
Copy: Jeff Yurek, Elgin-Middlesex-London MPP
Association of Municipalities of Ontario (AMO)
Rural Ontario Municipal Association (ROMA)
County of Elgin
Municlpality of Bayham
Municipality of Central Elgin
Municipality of(Nest Welgin
Municipality of Dutton/Dunwlch
Town of Aylmer
Township of Southwold
TOWNSHIP OF SOUTH OLD
35663 f ii�gal Line
i'uigat,ON N01. 1K0
OFFICE OF THE CLERK
Phone: (519) 769-2(110
3 Fax: (519) 769-2837
Email: AdminAss tiv .
South old on.ca
March 25, 2013
Ministry of the Environment AND Ministry of Transportation of Ontario
2"a Floor, MacDonald Block 77 Wellesley Street West
Suite M2-22, 900 Bay Street Ferguson Block, 3`d Floor
Toronto, ON M7A 1 N3 Toronto, ON M7A 1 Z8
Dear Sirs:
RE: Ontario Drive Clean Program
Please be advised that Council, at its regular meeting of Monday, March 25, 2013 passed the
following resolution:
2013-072 Endorse Resolution of Malahide
THAT Council endorses the resolution of the Township of Malahide, dated March
7, 2013 regarding the Ontario Drive Clean Program. CARRIED
A copy of the correspondence from the Township of Malahide, dated March 19, 2013, with their
resolution is attached for your reference.
Thank you
Yours #r I
r
Laurie Collins
Administrative/Planning Assistant
Copy to: Jeff Yurek, Elgin-Middlesex-London MPP
Association of Municipalities of Ontario (AMO)
Rural Ontario Municipal Association
County of Elgin
Municipality of Bayham
Municipality of Central Elgin
Municipality of West Elgin
Municipality of Dutton/Dunwich
Town of Aylmer
Township of Malahide, Diana Wilson
Page 1 of 1
Scott Gawley —�
From: Nancie Irving [nirving @town.aylmer.on.ca]
Sent, April-09-13 10-02--AM
To: amo @amo.on.ca; Iruder @amo.on.ca; jeff.yurekco @pc.ola.org
Cc: DLeitch @centralelgin.org; kkruger @bayham.on.ca; mmcdonald @elgin-county.on.ca; Norma
Bryant; Michelle Casavecchia; Diana Wilson; Laurie Spence Bannerman; Southwold CAO;
sgawley @westelgin.net
Subject: Ontario Drive Clean Program
Attachments: Malahide - resolution_ Ont Drive Clean Program'pdf; Southwold resolution of support- Ont
_-Drive Clean Program_pdf
At the Town of Aylmer Council meeting held on April 8, 2013, Town Council resolved:
Resolution No. 132-13
Moved by Councillor Wright and seconded by Councillor Barbour:
That the following actions be taken with respect to the Ontario Drive Clean Program:
(a) That Council supports the resolution dated March 7, 2013 received from the
Township of Malahide, about the Ontario Drive Clean Program; and further,
(b) That a copy of the Town's resolution be forwarded to Jeff Yurek, Elgin-Middlesex-
London MPP, the Association of Municipalities of Ontario (AMO), the Rural Ontario
Municipal Association (ROMA), the County of Elgin and municipalities in the County
of Elgin.
The motion is Carried.
Nancie J. Irving, CMO
Clerk/Lottery Licensing Officer
Town of Aylmer
46 Talbot Street West
Aylmer ON N5H 1J7
Office: 519-773-3164
Fax: 519-765-1446
www,aylmer.ca
This communication is confidential and may contain information that is privileged,confdentiai and exempt from disclosure under Privacy
legislation.
Unauthorized use is strictly prohibited. If you have received this communication in error,
please notify the sender immediately by telephone and delete the message without making a copy.
Ministry of Agriculture Ministere de]'Agriculture ��
and Food et de I'Alimentation
Ministry of Rural Affairs Ministere des Affaires rurales
1 Stone Road West 1,rue Stone ouest t�r��
Guelph, Ontario N1G 4Y2 Guelph(Ontario)N1G 4Y2
Tel: (866)242-4460 Te1.:(866)242-4460
Fax: (519)826-3259 Telec.: (519)826-3259
Environrnentai Management Branch
Municipality of West Elgin
c/o Norma Bryant
PO Box 490
Rodney, ON
NOL 2CO
RE: Notification of NASM Plan Amendment Approval
This is to inform you that a NASM Plan Amendment has been appromed in your municipality.
Approval has been granted to : Ken Roodzant
Date Approved: March 29, 2013
Address: 22321 Marsh Line
RR#2 Rodney, ON
NOt_ 2CO
The NASM Plan Amendment has been assigned reference number 20587.
The approved NASM Plan Amendment is for 5 year(s).
The NASM Plan Amendment refers to the following NASM and land application sites:
NASM
Descri tion Source Catego
Sewage biosolids Region of Waterloo, Cambridge 3
Sewage biosolids Guelph WWTP 3
Sewage biosolids Mid-Halton WWTP, Oakville 3
Sewage biosolids Power Grow Systems Inc., Niagara Falls 3
Sewage biosolids Skyway WWTP, Burlington 3
Sewage biosolids Halton Biosolids Management Centre, Oakville 3
A mixture of materials listed in items 1 to 12 Power Grow Systems Inc., Niagara Falls 3
Sewage biosolids Woodward WWTP, Hamilton 3
Sewage biosolids Region of Waterloo, Kitchener 3
Sewage biosolids Ashbridges Bay WWTP, Toronto 3
Sewage biosolids Region of Waterloo, Waterloo 3
...2
Ministry Headquarters: 1 Stone Road West, Guelph,Ontario N1 G 4Y2 Good Things Grow in Ontario tyl
Bureau principal du ministere: 1 Stone Road West, Guelph(Ontario)N1 G 4Y2 A bonne terre,bons produits
Foodland
ONTARIO
-2-
Land Application Sites
Concession Lot Geotownship Roll number
9 3 Aldborough 343400003009300
For more information or questions about compliance and enforcement, visit the Ministry of the
Environment's website: www.ontario.calnasm-moe or call 1-800-565-4923.
For more information about training, certification, education and NASM Plan approvals, visit the Ontario
Ministry of Agriculture, Food and Rural Affairs'website: www.ontario.calnasm-omafra or call 1-877-424-
1300.
L.A. Senyshyn, Director
Section 28, O. Reg. 267103, as amended
C: Dan McDonald,Acting Manager, Innovations, Engineering&Program Delivery
Glenn Ross, MOE London District Office