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September 25, 2014
MUNICIPALITY OF WEST ELGIN AGENDA COUNCIL MEETING SEPTEMBER 25, 2014 Council Chambers, West Elgin Municipal Building -------------------------------------------------------------------------------------------------------------------- DISCLOSURE OF PECUNIARY INTEREST APPROVAL OF AGENDA MINUTES (Al — A11) September 11, 2014 Council BUSINESS ARISING FROM MINUTES DELEGATIONS 9:30 a.m. Public Meeting — Zoning Amendment— Simon (B1 & C10a) REPORTS: (C1-C11) 1. ROADS 2. RECREATION 3. WATER DISTRIBUTION SYSTEM 4. WASTEWATER 5. BUILDING 6. BY-LAW ENFORCEMENT September 25, 2014..........Page 2 7. DRAINS a) *Quotation for McDonald Drain Maintenance b) *Quotation for Slack Drain Maintenance c) *Quotation for Canada Company Drain Maintenance d) *Quotation for Government Drain No. 1 Maintenance e) Quotation for Hill Drain Maintenance 8. WEST ELGIN PRIMARY SYSTEM 9. ADMINISTRATION i a) `Report—Appraisal of Parking Lot b) *Report— Set Fines for Open Air Burning By-law 10. PLANNING a) *Report— Simon rezoning application b) *Report— Seaside Condominium Applications 11. ACCOUNTS CORRESPONDENCE: (D1-D12) 1.* Wendie Dupuis, Lakewood Trailer Estates Inc. Re: Port Glasgow Trailer Park Zone Maximum Density; 2.* Christine Scrimgeour, Scrimgeour & Company Chartered Accountants —Audit Services; 3.* Deputy Minister of Energy—Thank you for attending the AMO Annual Conference 4.* Art and Cookery Bank— Request for Liquor Sales License; 5.* Optimist Club of West Lorne — Social Gaming Event License; 6.* West Elgin Chamber of Commerce —All Candidates Night, Tuesday, October 15t",7pm at the Elgin International Club; 7.* Town of Halton Hills — Buy American 2.0 Resolution; 8.* AMO Policy Update — Double Hatter Firefighter 9.* Elgin County—Wardens Banquet, November 7t". September 25, 2014..........Page 3 RECOMMENDED TO ACCEPT & FILE: 10. AMO • Watch file — September 11, 2014 • Watch file — September 18, 2014 11. Elgin County Land Division Committee— Notice of Decision —Vanderloo 12. Ministry of the Environment and Climate Change — Notice of Completion of Environmental Assessment Review BY-LAWS: By-law No. 2014-65 Zoning Amendment— Lot 17, Con. 12 (Simon) By-law No. 2014-66 Appoint Lottery License Officer MINUTES (E) NOTICE OF MOTION (F) OTHER BUSINESS: (G) *Information enclosed CONFIRMING BY-LAW ADJOURNMENT NEXT MEETINGS October 9, 2014 Council October 15, 2014 All Candidates Meeting — Elgin International Club, 7:00 p.m. October 23, 2014 Council October 27, 2014 Election Day 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. MINUTES OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS SEPTEMBER 11, 2014 PRESENT Mayor Bernie Wiehle, Deputy Mayor Mary Bodnar Councillors Norm Miller, Dug Aldred, Richard Leatham STAFF PRESENT Scott Gawley, Administrator/Treasurer Norma Bryant, Clerk Lee Gosnell, Public Works Superintendent Jeff Slater, Recreation Superintendent Heather James, Planner CALL TO ORDER The Mayor called the meeting to order at 9:30 a.m.A moment of silence was observed in remembrance of those who lost their lives as a result of the attacks on September 11 ,2011. DECLARATION OF PECUNIARY INTEREST None declared ADOPTION OF AGENDA RES. NO. 1 Moved by Aldred Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin approves the agenda for September 11th,2014 as printed and circulated. DISPOSITION: Carried APPROVAL OF MINUTES RES. NO. 2 Moved by Leatham Seconded by Miller RESOLVED that the minutes of the meetings held on the following dates be adopted as printed and circulated: August 14, 2014 Council August 14, 2014 Public Meeting—186 Main Street (Bhatia Veterinary) August 14, 2014 Committee of Adjustment-203 Furnival Road (Barrett) August 28, 2014 Special Council Meeting With the amendment to minutes of Public Meeting under attendance: Randy Reise should be Randy Reiss. DISPOSITION: Carried BUSINESS ARISING FROM MINUTES September 11, 2014 .....Page 2 of 11 DELEGATIONS 11:30 a.m. Marlene Van Breda—Streetlight at 211 Queen Street Ms.Van Breda was unable to attend. A letter was presented to Council. RES. NO. 3 Moved by Miller Seconded by Leatham RESOLVED that the letter requesting a light be installed on pole between 210 and 212 Queen Street be received. DISPOSITION: Carried The Public Works Superintendent reported that Hydro One replaced the hydro poles from the Rodney Cemetery to Furnival Road along Queen Street. Hydro One policy states that there cannot be a street light on a hydro pole that has a transformer. This is why the street light was not replaced. There is a small pole on the south side between 210 and 212 Queen Street. The issues with this pole is height of pole, setback from street(is it on municipal property?), trimming of tree, light would be over sidewalk not street(streetlights are to light streets). The practise outside of core areas is having street lights on every other pole. The Mayor suggested we review the standards when street lighting is reviewed. Councillor Miller feels that we have lessened the service provided and should evaluate costs now. RES. NO, 4 Moved by Miller Seconded by Leatham RESOLVED that a cost be investigated to install a street light between 210 and 212 Queen Street. DISPOSITION: Carried REPORTS 1. ROADS a) Monthly Report RES. NO. 5 Moved by Miller Seconded by Leatham RESOLVED that the August 2014 Roads Report be received. DISPOSITION: Carried b Neighbourhood Watch Si ns RES. NO.6 Moved by Aldred Seconded by Bodnar RESOLVED that County of Elgin be requested to replace the "Neighbourhood Watch"signs removed on County Roads 5 and 9. DISPOSITION: Carried b) Report—Elvin-St.Thomas Cycling Master Plan RES. NO. 7 Moved by Bodnar Seconded by Miller RESOLVED that Report from the Public Works Superintendent re: Elgin-St. Thomas Cycling Master Plan be received; September 11, 2014 .....Page 3 of 11 RES, NO. 7 cont'd AND that Council endorses the Elgin-St.Thomas Cycling Master Plan as presented by Elgin St.Thomas Public Health in principle and adopts the Cycling Master Plan upon the County of Elgin's review process and official adoption,with any amendments/revisions deemed necessary. DISPOSITION: Carried 2. RECREATIONIEMERGENCY MANAGEMENT a Monthly Report RES. NO. 8 Moved by Miller Seconded by Aldred RESOLVED that the Recreation Report dated September 11, 2014 be received. DISPOSITION: Carried b Report—Recreation Centre tables RES. NO. 9 Moved by Leatham Seconded by Miller RESOLVED that the Council of the Municipality of West Elgin accepts the quotation of ULINE in the amount of$305.00 each for 26 folding tables plus$229.00 freight plus taxes. DISPOSITION: Carried 3.WATER DISTRIBUTION SYSTEM a Monthly Repo RES. NO. 10 Moved by Bodnar Seconded by Aldred RESOLVED that the July 2014 Operations Reports for the West Elgin Distribution System be received. DISPOSITION: Carried b) Management Review Minutes RES. NO. 11 Moved by Miller Seconded by Bodnar RESOLVED that the QEMS Management Review Minutes for the West Elgin Water Treatment Plant be received. DISPOSITION: Carried c Quality&Environmental Management System Policy RES, NO. 12 Moved by Leatham Seconded by Miller RESOLVED that the Ontario Clean Water Agency Quality& Environmental Management System Policy be received. DISPOSITION: Carried 4.WASTEWATER September 11, 2014 .....Page 4 of 11 5. BUILDING a)Monthly Report RES. NO. 13 Moved by Miller Seconded by Leatham RESOLVED that the Building Report for August 2014 be received. DISPOSITION: Carried 6. BY-LAW ENFORCEMENT a)Monthly Report RES. NO. 14 Moved by Bodnar Seconded by Aldred RESOLVED that the By-law Enforcement Report for August 2014 be received. DISPOSITION: Carried 7. DRAINS 8. WEST ELGIN PRIMARY SYSTEM 9.ADMINISTRATION a) Report—Update on Municipal Election RES. NO. 15 Moved by Aldred Seconded by Leatham RESOLVED that the report from the Clerk re: Update on Municipal Election be received; AND that the by-laws to provide for advance votes and reduced voting hours be brought forward. DISPOSITION: Carried b) Report—Municipal Election 2014—"Lame Duck" Provisions RES. NO. 16 Moved by Leatham Seconded by Bodnar RESOLVED that the report from the Clerk re: Municipal Election 2014—"Lame Duck" Provisions be received; AND that the by-law to delegate authority to the Administrator/Treasurer be brought forward. DISPOSITION: Carried c) Re ort—Changes to Fees&Char es By-law—Administration RES. NO. 17 Moved by Miller Seconded by Aldred RESOLVED that the report from the Clerk re: Changes to Fees & Charges By-law-Administration be received; AND that the by-law be brought forward. DISPOSITION: Carried September 11, 2014 .....Page 5 of 11 d) Report—Policy Changes RES. NO. 18 Moved by Bodnar Seconded by Aldred RESOLVED that the report from the Clerk re: Policy Changes be received; AND that the by-laws be brought forward. DISPOSITION: Carried e) Report—Infrastructure Grant Funding RES. NO. 19 Moved by Miller Seconded by Leatham RESOLVED that the report from the Administrator/Treasurer re: Infrastructure Grant Funding be received; AND that the Administrator/Treasurer be authorized to submit an Expression of Interest(EOI)for Infrastructure Renewal Capital Project for the West Lorne and Rodney Wastewater Treatment Plants under the Small Communities Fund (SCF). DISPOSITION: Carried 10. PLANNING a Report--Proposed Meteorological Tower and Prohibition of Wind Turbines RES. NO. 20 Moved by Bodnar Seconded by Aldred RESOLVED that the report from the Planner re: Proposed Meteorological Tower be received. AND that the report and attached letter be submitted to Boralex Inc., along with the resolution passed by Council on October 24, 2013 and the anti-wind turbine business plan, received by Council on August 14, 2014; AND that the report be submitted to Joe Preston, MP and Bob Chiarelli, MPP and Minister of Energy and Jeff Yurek MPP, along with the anti-wind turbine business plan received by Council on August 14, 2014; AND that the report be submitted to the Minister of Energy and that the Municipality request a letter from the Minister of Energy which provides clear direction of municipal responsibilities pertaining to the installation of industrial wind turbines, given that the municipality has declared itself an unwilling host. DISPOSITION: Carried RES, NO. 21 Moved by Miller Seconded by Leatham RESOLVED that legal counsel review letter to Paul Laberge prior to sending it out; AND that if no objections to letter by lawyer,the letter be sent out. DISPOSITION: Carried September 11, 2014 .....Page 6 of 11 11.ACCOUNTS RES. NO. 22 Moved by Bodnar Seconded by Aldred RESOLVED that the Mayor and Administrator/Treasurer are hereby authorized to sign Payment Voucher#9 amounting to$583,585.33 in settlement of General, Road,Water, and Arena Accounts (including cheques#17388-17591). DISPOSITION: Carried CORRESPONDENCE 1. Ursula&Cindy Redman—letter requesting if municipality would purchase parking lot RES. NO. 23 Moved by Leatham Seconded by Aldred RESOLVED that an appraisal of the parking lot adjacent to the old Rodney Town Hall be obtained. DISPOSITION: Carried 2. Elgin St. Thomas Public Health—re: Municipal Confinement of Dogs and Cats in Elgin County 3. Elgin County War of 1812 Committee—permission to place plaque at Memorial Park RES. NO. 24 Moved by Leatham Seconded by Miller RESOLVED that Council supports the request of the Elgin County War of 1812 Commemoration Committee to place a plaque in the Memorial Park in Port Glasgow. DISPOSITION: Carried 4. West Lorne Heritage Homes—request for reduced speed sign Direction was given to staff to erect a pedestrian sign. 5. Recycling Ontario—proclaim Waste Reduction Week RES. NO. 25 Moved by Miller Seconded by Bodnar WHEREAS the generation of solid waste and the needless waste of water and energy resources are recognized as global environmental problems and, WHEREAS municipal and provincial governments have an important role to play in promoting waste reduction, reuse, recycling, composting and other conservation measures and, WHEREAS communities, businesses and organizations across Canada have committed to working together to raise awareness of these issued during Waste Reduction Week in Canada, and, NOW THEREFORE the Municipality of West Elgin declares October 20—26, 2014 as Waste Reduction Week. DISPOSITION: Carried 6. AM • Permanent Ontario Community Infrastructure Fund and Building Canada Fund—Small Communities Fund Announced • Watch file—August 21, 2014 September 11, 2014 .....Page 7 of 11 Policy Update—August 21, 2014 • Watch file—August 28, 2014 Renewed Provincial Poverty Reduction Strategy 7. Randy Pettaplece, MPP—Liberals ignore municipalities calls for liability reform—Pettapiece 8. Elgin County—Dieker Application#40114-appeal period expired 9. West Elgin Community Health Centre—Calendar RES. NO. 26 Moved by Leatham Seconded by Bodnar RESOLVED that the above correspondence items numbered 2, 6-9 be received and filed. DISPOSITION: Carried BY-LAWS 1. By-Law No. 2014-56—Delegate Authority RES. NO. 27 Moved by Leatham Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-Law to delegate authority for hiring and dismissing and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: CARRIED RES. NO. 28 Moved by Aldred Seconded by Leatham RESOLVED that a By-law to delegate authority for hiring and dismissing be now read a third time and finally passed, signed, sealed and numbered By-law Number 2014-56—Delegate authority DISPOSITION: Carried 2. By-law No. 2014-57—Advance Votes RES, NO. 29 Moved by Aldred Seconded by Miller RESOLVED that the mover be granted leave to introduce a By-Law to provide for advance votes and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 30 Moved by Leatham Seconded by Bodnar RESOLVED that a By-law to provide for advance votes be now read a third time and finally passed, signed,sealed and numbered By-law Number 2014-57—Election—Advance Votes DISPOSITION: Carried September 11, 2014 .....Page 8 of 11 3_13y-law No. 2014-58—Reduced Voting Hours RES. NO. 31 Moved by Aldred Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-Law to provide for reduced voting hours and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO, 32 Moved by Miller Seconded by Leatham RESOLVED that a By-law to provide for reduced voting hours be now read a third time and finally passed, signed, sealed and numbered By-law Number 2014-58—Election—reduced voting hours DISPOSITION: Carried 4. By-law No. 2014-59—Tile Drain Debenture Voros RES. NO. 33 Moved by Aldred Seconded by Leatham RESOLVED that the mover be granted leave to introduce a by-law to impose a special annual drainage rate under the Tile Drainage Act and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 34 Moved by Miller Seconded by Bodnar RESOLVED that a By-law to impose a special annual drainage rate under the Tile Drainage Act be now read a third time and finally passed, signed, sealed and numbered By-law Number 2014-59— Tile Drain (Voros) DISPOSITION: Carried 5. By-Law No. 2014-60--Fees&Charges—Administration RES. NO. 35 Moved by Miller Seconded by Aldred RESOLVED that the mover be granted leave to introduce a By-Law to establish fees and tariffs and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO. 36 Moved by Leatham Seconded by Bodnar RESOLVED that a By-law to establish fees and tariffs be now read a third time and finally passed, signed, sealed and numbered By- law Number 2014-60—Fees&Charges—Administration DISPOSITION: Carried September 11, 2014 .....Page 9 of 11 6. By-Law No. 2014-61 —Amend purcha sin olic RES. NO. 37 Moved by Aldred Seconded by Leathern RESOLVED that the mover be granted leave to introduce a By-Law to amend purchasing policy and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES, NO. 38 Moved by Bodnar Seconded by Miller RESOLVED that a By-law to amend purchasing policy be now read a third time and finally passed,signed, sealed and numbered By- law Number 2014-61 —Amend purchasing policy DISPOSITION: Carried 7. By Law No. 2014-62—Amend use of cellular phones polic RES. NO. 39 Moved by Aldred Seconded by Leatham RESOLVED that the mover be granted leave to introduce a By-Law to amend use of cellular phones policy and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO.40 Moved by Miller Seconded by Bodnar RESOLVED that a By-law to amend use of cellular phones policy be now read a third time and finally passed, signed, sealed and numbered By-law Number 2014-62—Amend use of cellular phones policy DISPOSITION: Carried 8. By Law No. 2014-63—Amend Human Resources Policy HR-4.7 RES. NO.41 Moved by Miller Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-Law to amend Human Resources Policy 4.7 and this shall be the first and second reading and provisional adoption thereof. DISPOSITION: Carried RES. NO.42 Moved by Leatham Seconded by Aldred RESOLVED that a By-law to amend Human Resources Policy 4.7 be now read a third time and finally passed, signed, sealed and numbered By-law Number 2014-63--Amend HR-4.7 DISPOSITION: Carried MINUTES RES. NO.43 Moved by Leatham Seconded by Miller RESOLVED that the minutes of the following committee meetings be received: West Elgin Arena Board—June 10, 2014 West Elgin Recreation Committee-July 15, 2014 DISPOSITION: Carried September 11, 2014 .....Page 10 of 11 NOTICE OF MOTION OTHER BUSINESS 1. Council Announcements • OPP demonstration at Fall Fair on Sunday, noon to 2:00 p.m.; radar speed sign will be set up at Fourth and Queen Streets • Chamber of Commerce has asked if a councillor could act as auditor— Council agreed that Councillor Miller could do this role • Chamber of Commerce Annual General Meeting on October 71h at Rodney Legion • Chamber of Commerce is planning to host an All Candidates Meeting— tentative date October 15'h, 16th if needed • Reported at AMO conference that OPP will be providing monthly breakdowns of expenses, onus on municipalities to keep costs down • Road Race—Sunday,starting at International Club to arena. CLOSED SESSION RES. NO.44 Moved by Leatham Seconded by Miller RESOLVED that the Council of the Municipality of West Elgin adjourn to a closed session to discuss: • A proposed or pending acquisition or disposition of land (M.A. s.239(2)(c) • Receiving of advice that is subject to solicitor-client privilege (M.A. s.239(2)(f) DISPOSITION: Carried RES. NO.45 Moved by Aldred Seconded by Bodnar RESOLVED that the Council of the Municipality of West Elgin do now rise and report. RISE AND REPORT The Mayor reported that direction had been given to solicitor regarding potential sale of land. CONFIRMING BY-LAW RES. NO.46 Moved by Aldred Seconded by Bodnar RESOLVED that the mover be granted leave to introduce a By-Law to confirm the proceedings of the meeting held on September 11th, 2014 and this shall be the first and second reading and provisional adoption thereof DISPOSITION: Carried RES. NO.47 Moved by Bodnar Seconded by Aldred RESOLVED that a By-law to confirm the proceedings of the meeting held on September 11th, 2014 be now read a third time and finally passed, signed,sealed and numbered By-law Number 2014- 64- Confirming By-law September 11 2014 DISPOSITION: Carried September 11 201 .....Pa p 4 ge11of11 1 ADJOURNMENT RES. NO.32 Moved by Leatham Seconded by Miller RESOLVED that this Regular Meeting of Council shall adjourn at 12:30 p.m.to meet again on September 25,.2014. DISPOSITION: Carried These minutes were adopted on the 251"day of September, 2014 Mayor Clerk MUNICIPALITY OF WEST ELGIN PUBLIC MEETING ZONING BY-LAW Steve and Agnes Simon 24810 Talbot Line- Township of Aldborough DATE&TIME: 9:30 a.m.Thursday, September 25{h,2014. LOCATION: West Elgin Municipal Building -22413 Hoskins Line north of the Village of Rodney. PURPOSE: To consider a proposed amendment to the Zoning By-law of the Township of Aldborough. The proposed amendment would amend the Agricultural 1 Special (A1-49) and Agricultural 2 (A2) Zones as it applies to lands situated on the north side of Talbot Line in the Township of Aldborough. The re-zoning would: 1) permit the severance of a parcel of land from a non-farm residential parcel to be rezoned from Special Agricultural (A2) to Agricultural Special (A1-49)to be added to an abutting agricultural parcel; and, 2) permit the severance of a parcel of land from an tar'arparcerto-be-rezd-rf om Ag—ricultumal-Special (Al-48)to Special Agricultural (A2) to be added to an abutting non-farm residential parcel. The lands are legally described as Part of Lot 17, Concession 12 (being Parts 1 and 2 on RP 11 R-9754). The lands to be severed from a non-farm residential parcel and to be added to an abutting agricultural parcel comprise a rectangular-shaped parcel having an area of 0.28 hectare (0.69 acre) and a frontage of 38.0 metres (124.7 feet) on Talbot Line. The parcel is vacant. The location of the property is shown on the attached Key Map. The lands to be severed from an agricultural parcel and to be added to an abutting non-farm residential parcel comprise a rectangular-shaped parcel having an area of 0.12 hectare (0.3 acre) and a frontage of 16.3 metres (53.6 feet). The parcel contains an accessory building. The location of the property is shown on the attached Key Map. The A948 zone permits a maximum number of dwellings per lot to be one (1). The Al-49 zone permits a mix of non-residential uses appropriate for an agricultural parcel. The A2 zone permits a non-farm residential use and compatible accessory uses. The subject lands are designated `Agricultural' in the Municipality of West Elgin Official Plan. Agricultural uses, non-farm residential uses and lot additions are permitted. ANY PERSON may attend the public meeting and/or make a written or verbal representation either in support of, or in opposition to, the proposed amendment. IF A PERSON OR PUBLIC BODY that files an appeal of a decision of the Council of the Corporation of the Municipality of West Elgin in respect of the proposed zoning by-law does not make oral submissions at a public meeting or make written submissions to the Council of the Corporation of the Municipality of West Elgin before the proposed zoning by-law is adopted, the Ontario Municipal Board may dismiss all or part of the appeal. ADDITIONAL INFORMATION relating to the proposed amendment is available between 8:30 a.m. and 4:30 p.m. at the Municipal Office from the Municipal Planner, Ms. Heather James. THE information and material required under Sections 34(10.1) and 34(10.2) of the PlanninAAcf have been provided and this shall serve as sufficient notice of same under Section 34(10.4)of the Act. DATED AT RODNEY this 5th day of September, 2014. Norma Bryant Municipality of West Elgin Clerk 22413 Hoskins Line P.O. Box 490 Rodney, Ontario NOL 2CO Telephone: (519) 785-0560 Pax: (519)785-06444 KEY MAP IeltrJl 91WPfik iM i490 eh�lr QHI 1 4 11 F T 04 4 MI i a +1YI;J9P'RI I - { i tl3II3 �r �qqo I M • AI 1 al m � Y 6 4 2 i Hk7'Idl6"E i�4 s W. • stl.31a B IeIInP rIN. B E �� - 'PO _I Lands to be Y•+ rr3P3—... NOW Aar) � severed and 4 added to agricultural Lands to be AtJU Mr.4 vim arcel severed and added to non- farm residential parcel a WNE rvrt all Lam v i it F•'� MIA' 6E.Z94 LLII i "we tae .- Rt97 MOM Pa a fa ——-!�[a GA TOP. =— N=FTIy'S7'€ IP4 a MI- WB—N4S ------- ... — — '.•aor. ae� aw N _ e2 a ..^ 67,00a Pi4 A 9r,7}._..---- PdN. -law - 0225 � ,q,, TAB 80 Y L filU£ w PARES) (POAD ALLOWANCE eE'7'wa-& COIVCf$SION.5 12 ANO 13) oL- Z J W cr) W WU -- Z w O d Z 0 O o _ O c C 0 Z o. J a IL U Z Z D 0 J Z m O � V m U N w c L N E O E a O D cy Z J � W F- LU ° W c°v ° O C1 a :) z C1 � H Z a J LV CL Z Z U a z 2 z o � � m w 0 cn co Q U m W O U- ca Z (D cl O E a p O D a Z W C� U J Z W Q �- Z U) W W H Z w ° o O 02 � n m y z Q. � � F- a -- U_ Z Z a O U © m Z W m w � 0 U 0 O E i>-, j E Q � ° H O m CY Z W J Z w a U) Lw ? Wa ° o 0 LL Q PxN o 4 p D 0 0 N cj �t _ O r 4� 69 69 ._! Z a Z CL U_ Z G Z W Z �- LU O w O c� > ca m ❑ W x U to W O c � a LL v O E z' L- E H E ca m N O a� op 9 0 4 s U y.�H fi 47 f.Q ch The Municipality of West Elgin TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: Norma I, Bryant, Clerk DATE: September 25, 2014 SUBJECT: Appraisal of parking lot RECOMMENDATION: Receive and File. INTRODUCTION: At the Council meeting on September 11, 2014 a resolution was passed to obtain an appraisal of the parking lot adjacent to old Rodney Town Hall. DISCUSSION: An appraisal of this property was completed in 2003. Staff attempted to contact the company to update this appraisal but contact could not be made. Perhaps, the appraiser has now retired. Staff contacted the appraiser (Metrixrealty) we have used recently for a quotation to complete this task. His quote is $1,750 plus taxes and disbursements. Staff are of the opinion that securing an appraisal is premature until an evaluation and business plan is completed for the Rodney Town Hall building. Respectfully Submitted, Reviewed by: Norma I. Bryant, Hon ,AMCT co t Gawley, P GA Clerk Administrator/Tr surer �� xPUk6 A ^ a U 4 w rn �}Yf988'a` The Municipality of West Elgin TO: COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: Norma I. Bryant, Clerk DATE: September 25, 2014 SUBJECT: Set Fines for Open Air Burning By-law RECOMMENDATION: THAT Council approves the set fines for the Open Air Burning B-law; AND that the necessary approvals be obtained. INTRODUCTION: Council passed By-law No. 2013-59, a by-law to regulate open burning, on September 12, 2013. DISCUSSION: For the most part, this by-law is achieving the sought after results. That is, ratepayers are following the notification process. However, there are a number of ratepayers that are burning in contravention of the by-law, Staff have met with these ratepayers, sent letters and a notice was included in the "Tax Insert" information sheet regarding the open air burning by-law. Still, contravention is happening. Staff are proposing that set fines be authorized by Ontario Court of Justice to act as a deterrent to contravening the by-law. The Court of Justice reviews the by-law, authorizes the "short form wording" and the amount of set fines. An amount of$5.00 is added for costs. The following is being suggested: COLUMN 1 COLUMN 2 Set Fine Short Form Wording Offence Creating or Defining Offences Cooking fire exemptions not met 3(a) $300.00 Construction or maintenance 3(b) $300.00 exceptions not met Flaming devices exemptions not 3(c) $300.00 met Campfires exemptions not met 3(d) $300.00 Chiminea exemptions not met 3(e) $300.00 Burn barrels in areas other than 4 $300.00 Rural Area Burning without notification form 6(a) $300.00 submitted Conditions of open air burning not 6 $300.00 met Burning of rubbish 7 $300.00 Burning during fire ban S 1 $300.00 As part of the approval process by the Ontario Court of Justice, revisions may be required. Respectfully Submitted, Reviewe by: Norma I. Bryant, HonBA,AMCT 46oitGawleyKreasurer CGA Clerk Administrator Attachments; By-law No. 2013-59 THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN BY-LAW NO.2013-59 A BY-LAW TO REGULATE OPEN BURNING WHEREAS the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4,Section 71 as amended, states that a council of a municipality may pass by-laws regulating fire prevention, including the prevention of the spreading of fires,and regulating the setting of open fires, including establishing the times during which open air fires may be set. AND WHEREAS Part 2 of the Ontario Fire Code,O.Reg 388197, provides that open air burning shall not be permitted unless approved, or unless such burning consist of a small, confined fire,supervised at all limes, and used to cook food on a grill or barbeque, AND WHEREAS the Council of the Municipality of West Elgin is desirous of enacting a byJaw to regulate the setting Gf-�, NOW THEREFORE the Council of the Corporation of the Municipality of West Elgin enacts as follows: 1. Definitions: For the purposes of this by-law: a) Approved means approved by the Fire Chief or his/her designate b) Authorized Agent means any Responsible Person who can provide reasonable evidence that they are authorized to act for the owner of a particular property c) Ban on Open Air fires means a restriction or prohibition on Open Air fires issued by the Fire Chief or his/her designate d) Built-Up Area means: a. The former Village of Rodney and adjacent lands as shown on Schedule"A"of this by-law b. The former Village of West Lorne and adjacent lands as shown on Schedule`B"to this by-law c. Lands zoned Hamlet Residential(HR), Lakeshore Residential (LR), Rural Residential One(RR1)and Rural Residential Two(RR2)in the former Township of Aldborough Zoning By-law No. 90-50,as amended from time to time or subsequently replaced by a new zoning by-law e) Building means any structure used or intended for supporting or sheltering any use or occupancy, but does not include non-enclosing open-sided structure f) Chimines means a device largely made from pottery and which is equipped with a chimney and a substantially enclosed hearth, approved by CSA and in which a recreation fire may be set g) Combustible means any material,combination of materials, or arrangement of materials in which any portion thereof is susceptible to catch fire when exposed to heat,flame, or other burning materials h) Effective Barrier means an enclosure on the ground with a complete perimeter of metal, masonry, stone or earth,with the enclosure walls being a minimum height of 1/3 the diameter or width of the enclosure i) Exempt means that, under specified conditions, a particular type or configuration of Open Air fire does not need a Notification of Open Burn form to be completed. j) Fire Chief means the Rodney Fire Chief or West Lorne Fire Chief k) Incinerator means a device that is operated and regulated (licensed) under a Certificate of Approval from the Ontario Ministry of the Environment and is not subject to the requirement of this By-law 1) Made Safe means that all reasonable and prudent steps are taken to guard against injury to persons due to the fire deteriorated condition of a structure or property and may include, but not be limited to erecting By-law 2013-59 Page 2 barriers and signs;grading of property; demolition of unstable structures, and the removal of residue left from the burning process m) Municipality means the Municipality of West Elgin n) Multi-Unit Residential Building means any building in which there are three or more residential dwelling units as defined by the Ontario Building Code Act o) Notification of Open Burn means the completion of the form Notification of Open Burn (Appendix A), submitted to the Municipality of West Elgin to set or maintain an Open Air fire, as per any restrictions or conditions contained in this by-law or as may be specified on the Notification of Open Burn form p) Occupancies means the use or intended use of a building or part thereof as defined in the Ontario Building Code q) Open Air Fire means: a. Any fire set outdoors, i.e. not in an enclosed building; or b. Any fire set in a device or.appliance located outside of a building c. But does not include: 1. Fires in incinerators,or ii. hires in devices installed outside of a building and the are used as manufacturing process, and provided that such device is certified for the purposed by a recognized and appropriate agency r) Responsible Person means any adult person (18 years of age or older) who is capable of exercising the required judgment and capable of performing the necessary actions to control a fire and prevent its unwanted spread s) Rural Area means any lands not designated as Built-Up Area or Trailer Park t) Structure means anything constructed or erected,the use of which requires location on or in the ground u) Trailer Park means those lands zoned Trailer Park(TP) in the former Township of Aldborough Zoning By-law No. 90-50,as amended from time to time or subsequently replaced by a new zoning by-law 2. Restriction on Burning No person shall set or maintain an Open Air fire except: a) An exempt fire as described in Section 3 of this by-law; or b) As permitted under the conditions specified in the Notification of Open Burn form, as defined in Section 6 of this by-law 3. Exempt Fires in Entire Municipality The following types of Open Air fires are exempt and such fires may be set and maintained anywhere in the municipality provided that the conditions in this by-law are fully met: a) Cooking Fires A charcoal, compressed gas, or wood fire,that is only large enough for the purpose, and is confined within a barbeque or grill that is constructed of metal, ceramic, stone,or masonry,and that is exclusively designed for and being used for the cooking of food for human consumption,and is continuously supervised by a Responsible Person, and provided that all of the following conditions are met: i. Such fire is not on a porch, balcony, or verandah that is roofed and is attached to a multi-unit residential building ii. Such fire is not in or near dry vegetation; and iii. Such fire is not in any other place conducive to the development or the spread of fare or explosion b) Construction or Maintenance Activities An appliance of a portable nature which requires an open flame for the heating of material during a construction or maintenance process, provided that such appliance is safe to operate, and provided that it is not By-law 2013-59 Page 3 operated in such a manner as to create a fire hazard, and provided that the fire is attended at all times by a responsible person to supervise it c) Other Flaming Devices Other flaming devices such as patio torches,fireworks, and candles provided that all of the following conditions are met: i. Such devices are not operated in or near dry vegetation H. Such devices are not operated in any other place conducive to the development or the spread of fire or explosion;and iii. Consumer(family)fireworks where permitted by by-law d) Campfires With the permission of the property owner, a campfire on privately owned lands provided that such campfire meets all of the following: i. That the fire is for provision of warmth or for cooking ii. That,except in the case of a Trailer Park,the areas designated for the fire is not more than 66 centimeters(26 inches in any horizontal dimension iii. That all materials to be burned are contained around the complete perirneteF of the designate by an Effective Bari irsi of IT letal, masonry, ceramic,or stone;or are within a like-dimensioned pit in the ground that has a non-combustible wall and is intended to burn wood safely iv. That the pile of materials to be burned is not more that 66 centimeters(26 inches)in height, and 66 centimeters(26 inches) in width and length v. That,except in the case of a Trailer Park,the fire is located at least 4 metres(13.1 feet)from any building, structure, property line, tree, canopy, hedge,fence, roadway, overhead wire or other Combustible material vi. That the fire is controlled such that flames and hot embers do not pose an undue risk of fire to nearby Combustible materials vii. A means to extinguish the fire are readily accessible viii. That the fire is attended at all times by a Responsible Person to supervise it; and ix. That at the completion of the burn the fire shall be completely extinguished and the burn site shall be made safe before it is left unattended. e) Chiminea Afire in a Chiminea on any privately-owed lands provided that such fire meets all of the following: 1. That in a Built-Up Area no portion of the hearth of the Chiminea is more than 61 centimeters(24 inches) in diameter ii. That only clean and dry wood or charcoal be burned Iii. That the Chiminea is not located on any Combustible surface iv. That the fire is controlled such that flames and hot embers do not pose an undue risk of fire to nearby Combustible materials, and v. That the fire is attended at all times by a Responsible Person to supervise it 4. Burn Barrels An enclosed fire in a burn barrel on privately owned lands that are located in the Rural Area provided all of the following are met: 1. That the burn barrel is situated securely on level ground ii. That the burn barrel is in good condition iii. That all openings in the burn barrel are covered at all times by a suitable metal wire mesh with a grid opening of not more than 6 mm(114 inch) in diameter;and iv. That the fire is attended at all times by a Responsible Person to supervise it By-law 2013-59 Page 4 5. Conditions on Exempt Fires Any person who sets or maintains an Exempt fire as in Sections 3 or 4 of this by-law shall be responsible to take all necessary steps to ensure that all of the following conditions are met; a) Smoke a. The smoke or other emissions from the fire shall not travel to a neighbouring property to such an extent or degree that, in the opinion of the Fire Chief or his/her designate, it may cause discomfort to persons, loss of enjoyment or normal use of property, interference with normal conduction of business, or damage to property b. The smoke or other emissions from the fire shall not travel across any public roadway to the extent or degree that, in the Opinion of the Fire Chief or his/her designate, it may cause a public safety hazard to any person travelling on the roadway. b) Clearances An Open RFe shall e lecat ea feet)horizontally and 10 meters(32.8 feet) below any portion of a Combustible structure or accumulation of Combustible materials; except that the lesser clearance shall apply as follows: i. That a barbeque or grill fire shall be located at least 1.5 meters (59 inches) horizontally and 3 meters(118 inches)below; and ii. That a Chiminea shall be located at least 3 meters(118 inches) and 6 meters(236 inches below; and j b. Despite meeting the minimum distances specified in this section, burning is prohibited at any location where the conditions exist such that there is a reasonable probability of such fire spreading to a Building, structure, grass, or other Combustible vegetation or material. c) Material Restricted Except as may be more specifically restrictions elsewhere in this by-law, only the materials listed on Schedule"C"may be burned d) Extinguishment At the completion of the burn,the fire shall be completely extinguished and the burn site shall be made safe before it is left unattended. 6. Notification of Open Burn a) The Property Owner or Authorized Agent shall submit a completed Notification of Open Burn form(Appendix A) to the Municipality of West Elgin a. That only the items listed in Schedule°C° shall be burnt b. All of the conditions of Section 5 of this by-law shall apply equally to all fires c. Constant supervision of the fire shall be maintained by a Responsible Person,with the necessary means immediately available to extinguish d. The property owner shall be held responsible and shall be liable individually and severally for the actions of their Authorized Agent with respect to the provisions, conditions, and penalties contained in this by-law e. No person shall conduct an open air burn on any public road allowance or municipal property unless such burning is being conducted by authorized employees or Authorized Agents of the Municipality f. Fires must be located at least 30 meters(98.43 feet)away from any Building, Combustible structure, Combustible vegetation, accumulation of Combustible materials, or as measured on the ground horizontally from any overhead wires carrying electricity, but in any case, longer distances may be required, if in the opinion of the Fire Chief,the material being burned will emit sparks and embers such as to create a fire hazard By-law 2013-59 Page 5 g. Fires must be located at least 150 meters(492.15 feet)away from an occupied Building when the wind direction is such that at any time during the course of the fire, smoke from the fire is likely to pass in the vicinity of the occupied Building h. The size of any pile of materials to be burned: L Shall not exceed-9 square meters(96.84 square feet)in area and 2 meters(78.75 inches)in height ii. In the case of an area zoned Agricultural,shall not exceed 36 square meters(387.36 square feet)in area and 2 meters (78.75 inches) in height;and Iii. In any case,the fire size or materials burned shall be controlled such that flames and hot embers do not pose an undue risk of fire to nearby Combustible materials L Burning will not be permitted between 1/2 hour after sunset and 1/2 hour before sunrise(i.e. at night) j. No burns shall occur during such periods and in such areas where gusting or sustained wind speed exceed 20 kilometers per hour(12.43 miles per hour)or where wind directions are changing frequently k. All burning will be suspended during such periods and in such areas esign-ate-has-det� exists a high or extreme fire weather index(FWI)or other hazardous conditions 1. The Notification to Open Burn form shall specify as precisely as possible the civic or street address of the location of the intended fires. Separate forms are required for properties at different addresses m. person erson who submitted the Notification for Open Burn form is required to advise Fire Dispatch before any burning commenced and again when the burning is completed and the fire is extinguished n. A copy of the Notification to Open Burn shall be kept at the location of the fire as specified. 7. Burning of Rubbish Prohibited No person shall install, use, and/or maintain any unlicensed incineration device for the burning of garbage or other refuse in any class or classes of Building 8. Fire Ban The Fire Chief, or designate, may issue a ban on any or all Open Air fires or cause to be extinguished any of all Open Air fires (including Exempt)until such conditions as the Fire Chief may indicate are met 9. Right to Enter and Enforce Any fires under the direct and constant supervision and control of the Municipality are exempt from the provisions of this by-law 10. Fire Department Exempt Any fires under the direct and constant supervision and control of the Municipality are exempt from the provisions of this by-law 11. Penalty a) Every person who knowingly provides false or misleading information or who contravenes any provisions of this by-law is guilty of an offence and conviction is liable to a fine provided for in the Provincial Offences Act b) If the contravention of this by-law result in fire suppression or fire safety personnel and vehicles being dispatched to respond,the person in control of the fire and/or the property owner may be charged,at the discretion of the Fire Chief,for the cost of such response according the Fees and Charges By-law as amended from time to time. However, noting in any schedule of rates shall be construed as limiting the rights of By-law 2093-59 Page 6 Fees and Charges By-law as amended from time to time. However, noting in any schedule of rates shall be construed as limiting the rights of the Municipality to seek restitution for other direct or consequential damages or costs incurred beyond those listed. c) The quantity and type of fire vehicles and personnel dispatched to respond for the purposes of extinguishing, controlling or investigating any Open Air fire are at the discretion of the Fire Chief or his/her designate 12. Validity In the event that any of the provisions of this by-law are deemed ultra vires by ay Court of competent jurisdiction,the remaining terms and provisions shall remain in full force and effect. 13. Repeal Any by-law or by-laws, or parts of any by-law or by-laws that are inconsistent with this by-law are hereby repealed. That the effective date of this by-law shall be the date of final passage thereof. Read a first and second time this t day of , 2013. Read a third time and finally passed this/z day of ��' 2013. MAYOR CLERK I i V ANA UHP �{( a a 2 y � 4 The Municipality of West Elgin TO: MAYOR AND COUNCIL OF THE MUNICIPALITY OF WEST ELGIN FROM: HEATHER JAMES, MCIP, RPP, PLANNER DATE: SEPTEMBER 24, 2014 SUBJECT: ZONING BYLAW AMENDMENT APPLICATION FOR STEVE AND AGNES SIMON, 24810 TALBOT LINE RECOMMENDATION: THAT Planning Advisory Committee for the Municipality of West Elgin recommend to the Council of the Municipality of West Elgin APPROVAL for Zoning By-law Amendment File No. P8114, subject to the provisions on the attached By-law. REASONS FOR AND NATURE OF THE APPLICATION: The purpose of the Zoning By-law Amendment application is to amend the Agricultural 1 Special (A1-49) and Agricultural 2 (A2) zones of the Township of Aldborough Comprehensive Zoning By-law 90-50 to permit a land swap for an agricultural parcel and a non-farm residential parcel. The re-zoning would: 1) permit the severance of a parcel of land from a non-farm residential parcel to be rezoned from Special Agricultural (A2) to Agricultural Special (A1-48) to be added to an abutting agricultural parcel; and, 2) permit the severance of a parcel of land from an agricultural parcel to be rezoned from Agricultural Special (A1-48) to Special Agricultural (A2) to be added to an abutting non-farm residential parcel. The subject lands are situated on the north side of Talbot line within the geographic Township of Aldborough. The lands are legally described as Part of Lot 17, Concession 12 (being Parts 1 and 2 on RP 11 R-9754) and known municipally as 24810 Talbot Line. The lands to be severed from a non-farm residential parcel and to be added to an abutting agricultural parcel comprise a rectangular-shaped parcel having an area of 0.28 hectare (0.69 acre) and a frontage of 38.0 metres (124.7 feet) on Talbot Line and the parcel is vacant. The lands to be severed from an agricultural parcel and to be added to an abutting non-farm residential parcel comprise a rectangular-shaped parcel having an area of 0.12 hectare (0.3 acre) and a frontage of 16.3 metres (53.6 feet). The parcel contains an accessory building.The location of the subject lands are on the attached Key Map. SUMMARY/CONCLUSION: The application was circulated to the applicable public agencies for comment and to all neighbouring property owners within 120 metres of the properties; no concerns were raised. The application has been assessed for appropriateness with regard to existing policy and the impact of the proposal on the surrounding land uses. The application is consistent with the Provincial Policy Statement and conforms to the Municipality of West Elgin Official Plan. DISCUSSION: Provincial Policy Statement Under Section 3(5) of the Planning Act, the Municipality "shall be consistent with" matters of provincial interest as set out in the Provincial Policy Statements (PPS). Agricultural Area, Sewage and Water and Cultural Heritage and Archaeology policies were reviewed and no concerns were evident. Conclusion: Upon review of the applicable PPS policies, the proposed Zoning By-law Amendment is consistent with the PPS. Municipality of West Elgin Official Plan The subject lands are designated as Agricultural in the Municipality of West Elgin Official Plan. Consent policies permit a severance for the purposes of adjusting or correcting lot boundaries and permit the transfer of small amount of land to be added to an abutting lot 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 provision of the Zoning By-law unless the By-law is otherwise amended or a variance is 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. Comment: The proposed Zoning By-law Amendment would permit the severance of a parcel of land from a non-farm residential parcel to be added to an abutting agricultural parcel; and, permit the severance of a parcel of land from an agricultural parcel to be rezoned to be added to an abutting non-farm residential parcel. The owner's reasons for the land swap is to correct the boundaries and provide legal ownership of an accessory building and driveway access located on an agricultural parcel to be conveyed to a non- farm residential parcel, with the exchange of vacant land to be conveyed from the non- farm residential parcel to an agricultural parcel. The land swap will create more efficient parcels. Conclusion: The proposed Zoning By-law Amendment conforms to the Municipality of West Elgin Official Plan. Township of Aldborou h Comprehensive Zoning By-law 90-50 The lands to be severed from a non-farm residential parcel and added to an abutting agricultural parcel will be rezoned from Special Agriculture 2 (A2) to Agricultural Special (A1-49). The Al-49 zone permits the following uses: accessory use, agricultural use; dog kennel; forestry use; hunting preserve; landing strip as an accessory use; riding school; wayside pit; and wildlife sanctuary. The lands to be severed from an agricultural parcel and added to an abutting non farm residential parcel will be rezoned from Agriculture Special (A1-49) to Special Agriculture (A2). The A2 zone permits non-farm residential uses, specifically a single detached dwelling and accessory uses (i.e. accessory buildings). Respectfully Submitted, Reviewed by. Heather Jam s, MCIP, RPP R. Scott Gawley,?CA., G.A. Planner Administrator/Treasurer KEY MAP M[HRI IS SIBIRIE CO DI #'—— --eaeWeaa�E lr-A NI 1tary734 I&WO In NI Ht:aW'g1 1+ m m+y ! 3;iiNN aaos n f2 e 5I g i 11Fi - 86 42 1PPF4 g►S �� — gr.9oa pro a MI I "63e e e B ' B �liil AIN. ae.97n �� F F4 AA ,air. -� Lands to be severed and added to non- €R+M 3°'r Lands to be severed farm residential _?�� - and added to parcel ° agricultural parcel WF6 =`epCS OH LW IpllsS ea.as{ a9�re ��iae uHi •�-�-- eie S1B IB Ck PG}. I I T '�7-R IP4 a MI Wi E187 P4 8 rN - UN �r,l16u IPA4 4 95111.--- a.1ra V As 0125 TALBOY LINE rrr vARER P?OAV ALL OWAJVCE 6pFrWEEN COIVCESS'10NS 12 ANO 731 CORPORATION OF THE MUNICIPALITY OF WEST ELGIN BY-LAW NO.2014-65 BEING A BY-LAW TO AMEND THE TOWNSHIP OF ALDBOROUGH COMPREHENISVE ZONING BY-LAW NO.90-60 24810 Talbot Line Steve and Agnes Simon WHEREAS the Council of the Corporation of the Municipality of West Elgin deems it advisable to amend By-law No. 90-50, as amended, being the Comprehensive Zoning By-law of the Township of Aldborough: NOW THEREFORE the Council of the Corporation of the Municipality of West Elgin enacts as follows: 1. THAT Schedule "A', Map No. 76 to By-law No. 90-50, as amended, is hereby amended by changing from the Special Agricultural 2 (A2) Zone to 'site-specific' Agricultural (A1-49) Zone those lands described as A1-49 on Schedule"A"attached hereto and forming part of this By-law, being part of Lot 17, Concession 12(being Parts 1 and 2 on RP'I 1 R-9754),formerly in the Township of Aldborough now in the Municipality of West Elgin, in the County of Elgin. 2. THAT Schedule "A", Map No. 76 to By-law No. 90-50, as amended, is hereby amended by changing from 'site-specific' Agricultural (A1-49) Zone to Special Agricultural 2 (A2)Zone those lands described as A2 on Schedule"A' attached hereto and forming part of this By-law, being part of Lot 17, Concession 12 (being Parts 1 and 2 on RP 11R-9754), formerly in the Township of Aldborough now in the Municipality of West Elgin,in the County of Elgin. 3. THIS By-law comes into force upon the day it is passed in the event an appeal has not been filed with the Cleric within the time prescribed by the Planning Act. R.S.O.,1990, as amended. In the event an appeal is filed with the Clerk within the time prescribed by the Planning Act, R.S.O. 1 M,as amended,the By-law shall be deemed not to have come into force until the appeal has been finally disposed of, whereupon the By-law (except for such parts as are repealed or amended as so directed by the Ontario Municipal Board) shall be deemed to have come into force on the day it was passed. READ a FIRST and SECOND time this 251'day of September,2014. READ a THIRD time and FINALLY PASSED this 25�'day of September, 2014. MAYOR CLERK i ok TALBOT LINE This is Schedule "A" to By-law No. 2014-65 passed on the 15th day of September 2014 MAYOR CLERK MUNICIPALITY OF WEST ELGIN ° 50 100 SCHEDULE W MAP 76 Meters September 1S, 2014 MEMORANDUM TO: Council of the Municipality of West Elgin FROM: Gary Blazak SUBJECT: Seaside Condominium Applications • The purpose of this memorandum is to summarize the results of a meeting held at the County of Elgin planning office on September 9, 2014. Seaside was represented by Laverne Kirkness and Bob Walters, and two new advisors, Avril Lavallee, McCarter, Grespan, Beynon, Weir, LLP, and Paul Britton, a partner with the Kitchener planning consulting firm MHBC. Steve I Evans, Manager of Planning for the County of Elgin hosted the meeting, and Gary Blazak represented the Municipality of West Elgin. • The meeting was scheduled at the request of Seaside, by correspondence dated August 28, 2014, from Laverne Kirkness. That correspondence detailed Seaside's intentions to make significant changes to the condominium applications associated with their proposed development in Port Glasgow. These changes relate only to process and administration. They do not attempt to alter the development concept or proposed design and layout of streets, blocks and lots. • It is Seaside's intention to "replace" the existing applications for Draft Plan of Subdivision and Draft Plan of Condominium (Common Elements), with a new application(s) for Draft Plan of Condominium (Standard). The new approach will either include three, separate applications pertaining to each of the three proposed phases of the Seaside development, or one application with the expressed intent to pursue three, separate development agreements pertaining to each phase. This approach will be more practical for apportioning incremental development costs as various phases of infrastructure are developed. • The existing Draft Plan applications will not be retired until the County receives the new applications and deems them complete. Seaside's new legal and planning team also advises it is their intention to file an application for a Zoning By-Law Amendment with the Municipality of West Elgin at more or less the same time as they file the new condominium applications with the County. The rezoning applications will be accompanied by conceptual site plans for buildings in the various multi- family blocks shown on Seaside's existing plans and drawings. • The Condominium Act does not require a statutory public meeting to be held in support of these applications. There is however, the requirement for a public meeting under the Planning Act for Zoning By-Law Amendments. • Seaside will also continue to request the scheduling of public meetings in association with their,progress in the Municipal Class EA process. They feel they should be in a position to present the Phase III results to the public sometime in October. These results would include documentation related to the preferred sites and design concepts for both storm water and waste water infrastructural works. Seaside would use the next Class EA public meeting to also advise the public of their administrative changes related to the new condominium applications. Gary Blazak, MA, MCIP, RPP Consulting Planner to the Municipality of West Elgin LAKEWOOD TRAILER ESTATES INC. On the shores of Lake Erie TRAILER ESTA`IES PORT GUM30W MARIO August 28,2014 Municipality of Vilest Elgin—Council 22413 Hoskins Line, PO Box 490 Rodney,ON NOL 2CO Dear Mayor,Deputy-Mayor and Councilors: RE: Municipal By-Law 90-50 Section 21.1.7—Trailer Park-(TTJ Zone Maximum Densit Port Glasgow Trailer Park is operating in contravention of the municipality's by-laws. Section 21.1.7 of the Trailer Park(TP) zoning by-law provides for a maximum density of 20 trailers per hectare. The municipally owned and operated Port Glasgow Trailer Park is zoned Trailer Park(TP)and has an area of 8.7 hectares. The maximum density for the park is 174 sites. This maximum density is set out in the Town Administrator's report to Council of June 26, 2014. Port Glasgow Trailer Park operates in excess of the maximum 174 site density limit in contravention of the municipal TP zoning by-law. At times during the season, additional overnight campers put the number of sites far in excess of the maximum,posing possible health and safety concerns to the staff and campers you are accommodating. This issue was brought to Council and staff's attention in the spring of 2013 and again in the spring of 2014. The Town Administrator provided a report to Council on June 26,2014. It is my understanding that this matter was discussed at a recent Council meeting and that Council decided to allow this breach of the TP zoning by-law to continue: It is not right that the municipally owned Port Glasgow Trailer Park be allowed to operate in contravention of the municipality's own TP zoning by-laws. Further, it is not right that Council, with full knowledge of the contravention of the TP zoning by-law, has considered this matter and decided to allow this violation to continue. We ask that you operate Port Glasgow Trailer Park within the density limits set out in the municipality's TP zoning by-laws. Your attention to my concerns is appreciated. Wendie Dupuis Lakewood Trailer Estates Inc. 22499 Gray Line RR3 Rodney, ON NOL 2CO * 019)785-2020 S CRIM'G C OMPANY Septemn er 11,201.4 Members of Co:wicil Mun cipality`of West Erin K.O.Box 490 K.K.91 Rodney,Ontario NOL 2CO bear S'us: As:you"are:awoe� my contraot for audit services expired as of the December 31,,2013 year- end, I wish to thank Council for thoir support over the last year, As a derrron tration of my oornmitment to the Muni elpal ty of West Elgin, I ain proposing,to extend my contract:for audit services for an additional year, I "am proposing an. audit fee of$"15,000, which is consistent with my fee"of 2009: In addition, the audit fee for the Tri-County, Water System will remain at $3,500. The Municipality. also pays: our firm to complete the "176ancial Information Return and llilPMP submiission to tlsc Ministry of Municipal.Affairs. "II fee for tliYs.accounting assistance is$2,500. A-11 of tliese proposed,foes have not been increased since: 2€109: if you have any questions .regarding this letter,please do riot hesitate to contact my office. Sincerely, UL[.i'11 +t111 Christene A.Scrimgeour,CPA, CA;BA Scrimgeour&Compaiiy;Chartered Accountant suiru 950,s195 Richmond Street London,Onutrif) N6A 5119 • Phone:519-672-6811 P1x:519-67?-9757 Ministry of Energy Ministbre de Itnergie Office of the Deputy Minister Bureau du sous-minlstre } • Hearst Block,4'h Floor Edifice Hearst,40 stage V Ontario 900 Bay Street 900,rue Bay Toronto,ON M7A 2E1 Toronto,ON M7A 2121 Tel: 416-327-6758 T61: 416-327-6758 Fax: 416-327-6755 T616c.: 416-327-6755 AUG 2 9 2014 MC-2414-1635 His Worship Bernie Wiehle Mayor Municipality of West Elgin 22413 Hoskins Line PO Box 490 Rodney ON NOL 2CO Dear Mayor Wiehle: It was a pleasure meeting with you and your delegation at this year's Association of Municipalities of Ontario (AMO) Annual Conference in London. Every year, the AMO Conference provides a great opportunity to meet with municipal leaders and learn about the energy issues in your communities. This open dialogue is especially important as the government moves ahead with the implementation of the 2013 Long-Term Energy Plan. The conversations I had with your delegation were extremely informative and productive. I appreciate the thought you put into your briefing materials and the time you took to express your views. Minister Chiarelli was eager to hear about our discussions and you can be assured that I apprised him of our meeting. Thank you again for meeting with me at the 2014 AMO Annual Conference. Please accept my best wishes. Sincerely, J/Y _�44� Serge Imbrogno Deputy Minister c: Hon. Bob Chiarelli, Minister of Energy Julie Cousins, MPP Liaison, Minister's Office Jeff Yurek, MPP, Elgin—Middlesex—London ms PF1:5197681* .-1 'EM.in#o@theattsantlebdkerybank.com I wwwtheartsan cpoke.rybankzom 242 GRAHAM R:QA BOX 174,WEST.LORNE,ONTARIO-N01=2:RO September 15,2014 .X Municipality of West Elgin ' Box 490 CEP 1 7 2014 Rodney,ON 1. e NOL 2CO Dear Norma, Please be advised that The Arts&Cookery Bank is applying to have an SOP(Liquor Sales License) for our Ribs&Rubies-Dinner on the Ridge Fundraiser October 4,2014. Our Ribs&Rubies event will be from 6pm-12am. Enclosed is a copy of the proposed extended license area outlining exact dimensions.Given that our request is for the outdoors,we require a letter from the Municipal clerk stating that there is"no objection"to the proposed extended licensed area. If you have any further questions please call me on my cell 226-973-8878. Thank you in advance. Best reg s, Gerry ran n utive Chef I a d air", +�Q%6S d/N.� QGfNCS 04 � iQ%!,� "Ent L) SEP 1 i j 2014 Optimist Club of West Lorne Inc. WEST LORNE, ONTARIO N0L 2P0 41 Municipality of West Elgin, September 17t`,2014 22413 Hoskins Line, 142 Chestnut Street, PO Box 490, West Lorne,Ontario Rodney,Ontario NOL2P0 NOL2CO Dear Sirs: Re: Optimist Club of West Lorne Inc. Annual Adult Fun Night On behalf of the Optimist Club of West Lorne Inc.,I request approval from the Municipality of West Elgin to hold our annual Adult Fun Night event. A date of February 286,2015 has been booked with the location to be at the Royal Canadian Legion in Rodney Ontario. The Alcohol and Gaming Commission of Ontario require our club to receive such Letter of Approval prior to making application for a Social Gaming Event licence. Should you have any questions, do not hesitate to contact the undersigned at 519-768-2939. banking you in advance. Yo s W. .Trask Club Member Optimist Club of West Lome Inc. IEND UTN F R ®F Y® West Elgin Chamber of Commerce Municipality of West Elgin September 18, 2014 RR#1Rodney, Ontario NOL 2CO Your West Elgin Chamber of Commerce would like to invite you to join us at an All Candidates night. It will be held on Tuesday, October 15`h, 2014 at 7 pm at the Elgin International Club. It's a chance for you to interact directly with the community and give folks a chance to ask questions and hear what you have to say. The chamber of commerce has asked Jim Price to moderate the event and we are confident he will do a great job. The chamber will have a list of prepared questions ready and there will be a time limited Q and A session. Please let us know if you are able to attend by emailing billQdenning.ca or calling me at 519 857-5246. Thank you in advance for considering our invitation. Respectfully, Bill Denning President—West Elgin Chamber of Commerce Box 94 Rodney, Ontario NOL 2C0 TOWN OF 4* f� HALTON HILLS Working Together Working for You! September 8, 2014 Gary McNamara President Association of Municipalities Ontario (AMO) 200 University Ave Toronto, ON M511 3C6 Dear President McNamara: Re; Town of Halton Hills - Buy American 2.0 Resolution Please be advised that Council for the Town of Halton Hills at its meeting of Monday, August 25, 2014, adopted the following Resolution: Resolution No. 2014-0164 WHEREAS cities and communities across Canada support free and fair trade between Canada and the United States; AND WHEREAS bilateral trade between Canada and the United States amounts to over$600 billion per year in economic activity, significantly contributing to Canada's long-term economic competitiveness; AND WHEREAS many of the most important supply chains and industry linkages that fuel our respective economies are inexorably linked; AND WHEREAS provisions, such as `Buy American' requirements, which serve to inhibit this important economic partnership directly effects the economic prosperity of our country, our businesses and our communities; AND WHEREAS Halton Hills and Halton Region showed leadership in 2009 by Passing resolutions calling on the Federal, Provincial and Municipal Governments of Canada to push back against unfair US legislation; AND WHEREAS organizations like Canadian Manufacturers and Exporters estimate that thousands of manufacturing jobs are continuously at risk from continued Buy American provisions being proposed across the US; 1 Halton Hills Drive,Halton Hills,Ontario L7G 5G2 Tel:905-873-2601 Toll Free:1-877-712-2205 Fax:905-873-2347 Web:www.haltonhllls.ca AND WHEREAS Halton Companies were directly impacted as jobs were lost here due to the Buy American provisions being inserted into projects receiving Federal and Municipal funding; AND WHEREAS Canadian cities and communities are committed to open and fair trade with American governments and businesses; AND WHEREAS recent agreements between Canada and the United States have recognized the critical economic linkages between our two countries, fostering secure, predictable trade and investment environments; THEREFORE BE IT RESOLVED that municipalities express support for free, fair and reciprocal trade between the United States and Canada and that any restrictive 'Buy American' provisions in U.S. legislation are contrary to that spirit of free trade; BE IT FURTHER RESOLVED that the Town of Halton Hills calls on the Federation of Canadian Municipalities (FCM)to support and work with the Government of Canada and the Canadian Manufacturers and Exporters and other stakeholders in their efforts to urge the United States Congress and state governments to abstain from the use of'Buy American' provisions; BE IT FURTHER RESOLVED THAT FCM be requested to write to the US National League of Cities and the US Conference of Mayors to also support the spirit of this resolution and the spirit of free trade, so that businesses and industries on both sides of the border can compete for contracts in the fairest and most efficient manner; BE IT FURTHER RESOLVED THAT the Mayor be requested to write a letter and forward this resolution to the Prime Minister, the leaders of the Federal Parties, Halton Area MP's and MPP's for information; BE IT FURTHER RESOLVED THAT this resolution be forwarded to FCM and AMO for circulation to all municipalities for support and the Canadian Manufacturers and Exporters for information. CARRIED UNANIMOUSLY If you have any questions, please contact Suzanne Jones, Town Clerk for the Town of Halton Hills at 905-873-2801 ext. 2331 or Suzanne' haltonhills.ca. Sincerely, Renee Brown Council and Committee Services Coordinator DISCLAIMER:This material is provided under contract as a paid service by the originating organization and does not necessarily reflect the view or positions of the Association of Municipalities of Ontario(AMO),its subsidiary companies,officers,directors or agents. Norma Bryant From: AMO Communications <communicate @amo.on.ca> Sent: September-18-14 1:11 PM To: nbryant @westelgin.net Subject: AMO Policy Update- Double Hatter Firefighter September 18,2014 Double Hatter Firefighter Issue in the Media Issue: Professional firefighters as volunteer firefighters during their free time. Yesterday,this issue was profiled in a front page Globe and Mail story about a firefighter who is taking on the union's actions as relates to `double hatting'. `Double hatting' is forbidden by the International Association of Fire Fighters and its Ontario union,The Ontario Professional Fire Fighters Association. Over the years,union charges have been brought against individuals who are double hatters and as a result,generally stop their involvement as a volunteer.Double hatters want to protect family, friends and the community where they live and are an important backbone of fire services within smaller municipalities and its loss proves challenging.Many double hatters were volunteer fire fighters before becoming salaried professionals. Tom Hunse,a Toronto professional fire fighter for 22 years and a 26 year volunteer with Innisfil Fire Services and his union, is demanding that since he has not stopped his volunteer work that he be fired from his Toronto job.Mr.Hunse is taking a principled stand—that how he uses his free time is his to determine.Yesterday's Globe and Mail and other major news outlets are now covering his story.The public's reaction is that Hunse and other double hatters should be able to use their skills and knowledge in their free time in his own community without repercussion.An arbitration hearing is set for later this year that would deal with his permanent employment status with the City since he is no longer a member in good standing and only Association members in good standing are able to be members of the full-time bargaining unit. Mr.Hunse has filed a Duty for Fair Representation Application with the Ontario Labour Relations Board against the Toronto Professional Fire Fighters Association.The "duty of fair representation"provisions of the Labour Relations Act stipulate that a trade union shall not act in a manner that is arbitrary,discriminatory or in bad faith in representing employees. AMO has requested intervener status as this matter affects many municipal governments and the double hatters that work.This is a matter of fairness and personal liberty as fire fighters should be able to use their free time as they wish to without reprisal or interference.These volunteers should be supported,not pressured for wanting to protect their neighbours in their home communities. The union does not object to full time firefighters working other jobs which many do. What is the solution to this threat?A simple change to provincial law would prevent this type of union interference.To our knowledge,every Canadian province has such protection, except for Ontario and Newfoundland.It is time for Ontario to give our volunteer firefighters the same freedom and protection that other employees in Ontario enjoy, as well as those fire fighters everywhere else in the nation. Attached is a draft council resolution your council may wish to pass that asks the Ontario government to provide this protection to double hatter firefighters who want to serve their home communities in their spare time. As mentioned,double hatters are worried about being threatened with job loss and municipal governments have been watching this matter closely. If you feel your municipality is vulnerable,please let us know. Link to the Globe and Mail article(hW://rn theglobeandmail com/news/national/union-turns-un-the-heat-on-firefighters-who- volunteer-on-days-off/article2063 54561?service=mobile). Contact: Monika Turner,Director of Policy,mturnerae,amo.on.ca 1-877-426-6527 ext. 318 1 Draft Council Resolution to Support Double Hatters' rights 4 WHEREAS the training and certification of professional firefighters is established and mandated by the Province of Ontario under the Fire Protection and Prevention Act, 1997; AND WHEREAS it is the responsibility of municipalities to establish fire departments and appoint fire chiefs to provide fire protection services as they determine may be necessary in accordance with their needs and circumstances; AND WHEREAS many Ontario municipalities rely on both full time and volunteer firefighters in order to provide fire protection; AND WHEREAS the International Association of Fire Fighters("IAFF")Constitution prohibits full time firefighters from volunteering as firefighters in another municipal jurisdiction(i.e. "Double Matting"); AND WHEREAS the 1AFF's stance on Double Matting is specifically prohibited by legislation in almost all provinces in Canada and much of the United States; AND WHEREAS a volunteer firefighter in the Innisfil Fire and Rescue Service is challenging the IAFF ban on Double Matting and their expulsions from that union because of his desire to continue volunteering while being employed as a full-time firefighter in another jurisdiction; AND WHEREAS the right of individuals to use their free time in service of their community is a fundamental right in a free,open and democratic society. NOW THEREFORE BE IT RESOLVED that the Council of requests that the Province of Ontario amend the Fire Protection and Prevention Act, 1997 with respect to salaried firefighters who also work as volunteer firefighters,such that if a person is denied membership in an association of firefighters, is expelled or disciplined by the association or engages in reasonable dissent within the association in connection with this kind of dual role,the association is not permitted to require the employer to refuse to employ the person as a salaried firefighter,terminate his or her employment as a salaried firefighter or refuse to assign the person to fire protection services. This resolution should be sent to the following: • Hon.Kathleen Wynne,Premier of Ontario • Hon.Madeline Meilleur,Attorney General • Hon.Kevin Flynn,Minister of Labour • Hon.Yasir Naqvi,Minister of Community Safety and Correctional Services • Hon.Ted McMeekin,Minister of Municipal Affairs and Housing. PLEASE NOTE:AMO Breaking News will be broadcast to the member municipality's council,administrator,and clerk. Recipients of the AMO broadcasts are free to redistribute the AMO broadcasts to other municipal staff as required.We have decided to not add other staff to these broadcast lists in order to ensure accuracy and efficiency in the management of our various broadcast lists. DISCLAIMER:Any documents attached are final versions.AMO assumes no responsibility for any discrepancies that may have been transmitted with this electronic version.The printed versions of the documents stand as the official record. OPT-OUT: If you wish to opt-out of these email communications from AMO please click here. 2 /ElgainCounty �... ' SFt:EddfZ�; i P 212014 September 18, 2014 To: All Clerks and Councils of Municipalities in the County of Elgin Elgin County Council is hosting the 2014 Warden's Banquet honouring Warden David Marr. If you wish to join us in recognizing Warden Marr's contributions to the Elgin Community, the cost for dinner is $20.00 per person and tickets are sold in advance. You may order through the Administrative Services Department at 519-631-1460 ext. 161, or in person at the above address. The final day to order tickets will be October 30th, 2014, by 4:00 P.M. The Banquet will be held on Friday, November 7th, 2014 at: St. Anne's Centre 20 Morrison Drive St. Thomas, Ontario N5R 4S6 Reception 5:30 - 6:15 P.M. Dinner 6.30 P.M. To purchase a ticket(s) for the evening, please contact Marilyn or Breanna at the above phone number. Yours truly, G qAoftHer Katherine Thompson, Secretary Social & Entertainment Committee County of Elgin Administrative Services 450 Sunset Drive St.Thomas,ON N5R 5V1 Phone:513-631-1460 www.elgincounty.ca e