M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS JANUARY 26, 2012

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1 M I N U T E S OF THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN WEST ELGIN COUNCIL CHAMBERS JANUARY 26, 2012 MEMBERS PRESENT: Mayor Bernie Wiehle, Deputy Mayor Mary Bodnar Councillors: Norm Miller, Dug Aldred, Richard Leatham STAFF PRESENT: Norma Bryant Clerk Paul VanVaerenbergh Road Superintendent ALSO PRESENT: Ted Halwa Planning Consultant DECLARATION OF PECUNIARY INTEREST: The Deputy Mayor declared a conflict of interest with D5. SUBJECT: ADOPTION OF AGENDA RES. NO. 1 Moved by Bodnar RESOLVED that the Council of the Municipality of West Elgin approves the agenda for January 26, 2012 as printed and circulated with the following addition: Delegation from Chamber of Commerce Council recessed to hold a public meeting for zoning amendment for Lot 10 & 11, Concession BF (Newport) and resumed their meeting thereafter. SUBJECT: ZONING BY-LAW AMENDMENT LOTS 10, & 11, CONCESSION BF (NEWPORT) RES. NO. 2 Moved by Leatham RESOLVED that the report from Community Planners re: Amendment to Zoning By-law Part Lot 10 & Part Lot 11, Concession BF (Newport) be received. SUBJECT: PROPOSED SEVERANCE 238 MAIN STREET (OKOLISAN) Also in attendance: Helen Okolisan RES. NO. 3 Moved by Miller RESOLVED that the report from Community Planners re: Proposed Severance 238 Main Street, West Lorne (Okolisan) be received.

2 January 26/12 Pg 2 of 9 SUBJECT: PROPOSED SEVERANCE LOT 4, CONCESSION 7 (VANDENBRINK/WILSON) Also in attendance: Alan Vandenbrink RES. NO. 4 Moved by Bodnar RESOLVED that the report from Community Planners re: Proposed Severance Part Lot 4, Concession 7 (Vandenbrink/Wilson) be received. Council recessed to hold a public meeting for zoning amendment for 233 Munroe Street (Simon Iu) and resumed their meeting thereafter. SUBJECT: ZONING BY-LAW AMENDMENT 233 MUNROE STREET (IU) Res. No. 5 Moved by Leatham RESOLVED that the report from Community Planners re: Amendment to Zoning By-law 233 Munroe Street (Iu) be received. SUBJECT: PROPOSED SEVERANCE LOT A, CONCESSION 3 (ROELOFS/GASPARATTO) Also in attendance: Mark Gasparatto RES. NO. 6 Moved by Bodnar RESOLVED that the report from Community Planners re: Proposed Severance Part Lot A, Concession 3 (Roelofs/Gasparatto) be received. DELEGATION: CHUCK QUINTYN CONDITIONS FOR SEVERANCE LOTS 9 & 10, CONCESSION 14 Council reviewed the Tree Preservation and Enhancement Report submitted by Mr. Quintyn to satisfy one of the conditions of approval. He suggested that replanting be a condition of issuance of building permit. The Deputy Mayor asked who supervises the contractors. Mr. Quintyn replied for the driveway installation, it will be himself and Mr. Koudys. The Planner reported that the report would be identified in the development agreement and reflects the obligations of the owner. The Clerk noted it is not the responsibility of the Chief Building Official to police the replanting / tree preservation plan. RES. NO. 7 Moved by Leatham RESOLVED that Council accepts the Tree Preservation and Enhancement Report prepared by Ron Koudys Landscape Architect for Charles & Michelle Quintyn. DISPOSTION: Carried

3 January 26/12 Pg 3 of 9 SUBJECT: WELL WATER POLICY Also in attendance: Chuck Quintyn, Walter Bianco The Planner presented his report on proposed Well Water Policy. One of the issues is how does staff know if there is an adequate and potable water supply on the severed lots? To require a well to be drilled prior to finalizing the severance is a large cost for the owner. When then? What if lots are not sold and municipality has required watermain to be built? The Planner noted that a development agreement could contain a clause to address water and obligation of the development. This would prevent development and sale of lots until the waterline is extended. The Planner further noted there could be an issue with Provincial Policy Statement. A Class EA would be required for the waterline extension which requires the Ministry of Environment approval. Mr. Quintyn stated he prefers extending the waterline and will take the risk that MOE may object. RES. NO. 8 Moved by Leatham RESOLVED that the report from Community Planners re: Well Water Policy be received. SUBJECT: ZONING BY-LAW AMENDMENT LOT 11, CONCESSION 14 (BIANCO) Also in attendance: Walter Bianco RES. NO. 9 Moved by Bodnar RESOLVED that the report from Community Planners re: Amendment to Zoning By-law Walter Bianco be received and that the necessary by-law be prepared. DELEGATION: PAUL LEBARGE & MICHAEL PORZUCZEK, rpglobal The gentlemen presented a PowerPoint presentation providing information on the company and the Rodney wind project. The company is looking in the area from McPherson to McMillan around Pioneer Line. They have six sites identified, looking for a maximum of 11. Benefits to the community include tax revenue and contribution of 1.5% for community projects. It is up to the community to decide how dollars are spent. The Mayor asked about conflict with RES proposed turbines. It was noted that the RES project is much larger and RES proposal has been taken into account. DELEGATION: DAVID PEARCE COMMUNITY MAILBOXES Also in attendance: Road Superintendent Mr. Pearce resides at 114 Graham Road and his mailbox is located on Marsh Line. There is no sidewalk from Lutheran Church on Graham Road to Marsh and along Marsh to the mailbox. Have to go through mud to get there.

4 January 26/12 Pg 4 of 9 The Mayor asked if it would be more convenient to access the mailbox at the arena. Mr. Pearce asked how far he would have to walk. The Road Superintendent reported that asphalt is at the boxes only; cars are pulling up on the grass and onto the asphalt which is creating mud. The Canada Post study noted that cars are used most and there was not a need for sidewalks. This is not the only mailbox that has issues. RES. NO. 10 Moved by Aldred RESOLVED that the Road Superintendent is hereby directed to set up a meeting with Canada Post to inspect the location of the mailboxes. SUBJECT: TENDER FOR NEWTENS DRAIN Council received the following tenders for Newtens Drain: TENDER (plus taxes) Timmermans Drainage $185, A.G. Hayter Contracting $189, Van Bree Drainage $198, RES. NO. 11 Moved by Aldred RESOLVED that the Council of the Municipality of West Elgin accepts the tender of Timmermans Drainage & Excavating in the amount of $185, plus taxes for Newtens Drain. SUBJECT: SWIMMING POOL FENCING RES. NO. 12 Moved by Miller RESOLVED that the report from the Clerk and Chief Building Official re: Swimming Pool Fencing be received. AND THAT a new section providing for exception for above-ground swimming pools be added to the Swimming Pool Fencing By-law. SUBJECT: CORRESPONDENCE: 1. Fisheries and Oceans proposed listing of Silver Lamprey as Endangered Species Instruction: File 2. Hickory Grove Campground request for exemption to opening date Instruction: Council did not agree with request 3. Elgin County Land Division Committee Application for Consent (Roodzant Farms) Instruction:

5 January 26/12 Pg 5 of 9 RES. NO. 13 Moved by Leatham RESOLVED that the Council of the Municipality of West Elgin advise the Elgin County Land Division Committee that the same conditions as noted in correspondence dated November 25, 2011 would apply for E110/11 (Roodzant Farms). 4. Elgin County Land Division Committee Application for Consent (Orford Sand & Gravel) Instruction: RES. NO. 14 Moved by Miller RESOLVED that the Council of the Municipality of West Elgin have the following comments regarding Severance Application E118/11 applied for by Orford Sand & Gravel. In accordance with Section of the Municipality of West Elgin Official Plan, Council supports application E118/11. AND FURTHER that the Elgin County Land Division Committee be requested to include the following condition to which the LDC would certify is satisfied: 1. That the lands being conveyed are merged in the same name and title as the lands to which they are being added. 2. That Section 50(3) of the Planning Act, R.S , as amended, shall apply to any future transactions or conveyances on the subject lands. The Deputy Mayor declared a conflict of interest with the following item and left the meeting. 5. Elgin County Land Division Committee Application for Consent (Bodnar) Instruction: RES. NO. 15 Moved by Miller RESOLVED that the Council of the Municipality of West Elgin have the following comments regarding Severance Application E120/11 applied for by Steve Bodnar. In accordance with Section of the Municipality of West Elgin Official Plan, Council supports application E120/11. AND FURTHER that the Elgin County Land Division Committee be requested to include the following condition to which the LDC would certify is satisfied: 1. That the lands being conveyed are merged in the same name and title as the lands to which they are being added. 2. That Section 50(3) of the Planning Act, R.S , as amended, shall apply to any future transactions or conveyances on the subject lands. The Deputy Mayor returned to the meeting. 6. Kirkness Consulting Seaside Waterfront Inc. Instruction: Will be discussed through delegation

6 January 26/12 Pg 6 of 9 7. County of Elgin County / City of St. Thomas Hockey Game Instruction: File RES. NO. 16 Moved by Aldred RESOLVED that the correspondence be dealt with as per the instructions of Council as noted. DELEGATION: HOWARD CULLIGAN, LAVERNE KIRKNESS, RON KOUDYS RE: SEASIDE DEVELOPMENTS Mr. Kirkness presented a PowerPoint presentation and requested Council input on 6 points. They are working through details with the province. This project won t be successful until amenities, such as restaurant, are built. Need village centre along Havens Lake Road? Seaside needs to feel comfortable before spending more money. The surplus lands are important for the development of the commercial block. Asking Council to initiate the secondary plan for Lot 7. To complete the detailed design of the sewage and storm water will cost $300,000 to $500,000. An environmental compliance approval is required which integrates the EA process with the planning process. A municipal responsibility agreement will be required for the sewage system. Councillor Miller asked what happens when Sixteen Mile Creek is blocked at the mouth. Mr. Culligan reported that the design is for dry ditch discharge which MOE has agreed with. The Mayor asked about the septic system for the commercial block. Mr. Culligan noted that holding tank or new technology would be used. Councillor Miller noted that the village centre is on the slope is this an impediment to older people? Wouldn t along Furnival or Gray Line be better locations? Mr. Koudys reported that the slope is 8% which is the same as a handicapped ramp. Also, in the design there will be areas for people to stop and rest. This area is different from others as relates to water. Bill Denning representing the Chamber of Commerce made a statement in support of the development. SUBJECT: CORRESPONDENCE FROM KIRKNESS CONSULTING Following the delegation for Seaside Developments discussion on the requests outlined in the correspondence took place. The following points were raised: #1 confusion regarding the different units and population numbers being presented the Planner will clarify. Councillor Miller would like to see a lower density. #2 Councillor Aldred supports a third lane on east side of Havens Lake Road and a parking lot for the Yacht Club. Councillor Miller questions the safety of cars backing out of angle parking into traffic. Councillor Miller feels that Parcel A should stay in municipal ownership. #3 A report will be presented on February 23 rd. One of the items is to resolve sanitary servicing. #4 need to settle issue around village centre concept. The Planner to provide outline of what needs to be done for the secondary plan and costs.

7 January 26/12 Pg 7 of 9 #5 Council agreed in principle to adopting a responsibility agreement as long as our lawyer is involved. Request for resolution of support the Planner will reword the resolution of July 26, 2010 for Council consideration. The above will be included in a report from the Planner for February 23 rd meeting. The Planner left the meeting. SUBJECT: ACCOUNTS RES. NO. 17 Moved by Aldred RESOLVED that the Mayor and Administrator/Treasurer are hereby authorized to sign Payment Voucher #1A amounting to $58, in settlement of General, Road, Water and Arena Accounts (including cheques: # , ). SUBJECT: BY-LAW NO EMPLOYEE REMUNERATION RES. NO. 18 Moved by Bodnar RESOLVED that the mover be granted leave to introduce a By-Law to set rates of remuneration and expenses for municipal officials and employees for the calendar year 2012 and this shall be the first and second reading and provisional adoption thereof. RES. NO. 19 Moved by Aldred RESOLVED that a By-law to set rates of remuneration and expenses for municipal officials and employees for the calendar year 2012 be now read a third time and finally passed, signed, sealed and numbered By-law Number Employee Remuneration SUBJECT: BY-LAW NO DISCHARGE OF LIEN (NEWMAN) RES. NO. 20 Moved by Miller RESOLVED that the mover be granted leave to introduce a By-Law to authorize the signing of a discharge of a lien on Part of Lot 4, Concession 9 and this shall be the first and second reading and provisional adoption thereof. RES. NO. 21 Moved by Bodnar RESOLVED that a By-law to authorize the signing of discharge of a lien on Part of Lot 4, Concession 9 be now read a third time and finally passed, signed, sealed and numbered By-law Number Discharge of Lien (Newman)

8 January 26/12 Pg 8 of 9 SUBJECT: BY-LAW NO ZONE AMENDMENT (NEWPORT) RES. NO. 22 Moved by Aldred RESOLVED that the mover be granted leave to introduce a By-law to amend Township of Aldborough Zoning By-law No , to change the zoning of lands in Part of Lot 10, Concession BF, from the Agricultural (A1) Zone to the site-specific Agricultural (A1-81) Zone, and that this shall be the first and second reading and provisional adoption thereof. RES. NO. 23 Moved by Bodnar RESOLVED that a by-law to amend The Township of Aldborough Zoning By-law No to change the zoning of lands in Part of Lot 10, Concession BF, from the Agricultural (A1) Zone to the site-specific Agricultural (A1-81) Zone and shall now be read a third time and finally passed, signed, sealed and numbered By-law Number Zone Amendment Newport SUBJECT: CLOSED SESSION RES. NO. 24 Moved by Aldred 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; RES. NO. 25 Moved by Leatham RESOLVED that the Council of the Municipality of West Elgin do now rise and report. The Mayor reported that the Clerk had provided information about a proposed disposal of land. SUBJECT: CONFIRMATION BY-LAW RES. NO. 26 Moved by Aldred RESOLVED that the mover be granted leave to introduce a By-Law to confirm the proceedings of the meeting of Council held on January 26 th, 2012 and this shall be the first and second reading and provisional adoption thereof. RES. NO. 27 Moved by Bodnar RESOLVED that a By-law to confirm the proceedings of the meeting of Council held on January 26 th, 2012 be now read a third time and finally passed, signed, sealed and numbered By-law Number Confirming By-law January

9 January 26/12 Pg 9 of 9 SUBJECT: ADJOURNMENT RES. NO. 28 Moved by Miller RESOLVED that this Regular Meeting of Council shall adjourn at 4:30 p.m. to meet again for a Special Meeting on February 2, These minutes were adopted on the 9 th day of February, Bernie Wiehle MAYOR Norma I. Bryant CLERK