The Corporation of the Municipality of Central Elgin
Regular Meeting Of Council On Monday, January 8th, 2018
Roll Call - All present.
Disclosure of Pecuniary Interest and the General Nature Thereof - None disclosed
Adoption of Minutes
Minutes from the Planning/Regular Meeting of Council dated Monday, November 27,
2017 were adopted.
1. Ministry of Community Safety and Correctional Services
Office of the Fire Marshal & Emergency Management - Service Awards for members of
Central Elgin Fire Rescue. Michael Bond (absent) and Gordon Smith received the 25-year awards,
Charles Hindley (absent) received the 30-year award, Allan Hurst received the 35-year award,
and Gordon Farquhar received the 40-year award.
1. ATV By-law
Steve Beech, Talbot Trail ATV Club was in attendance to discuss a request for ATV
The Talbot Trail ATV Club wish to work with staff and council to establish an ATV
by-law in Central Elgin.
Talbot Trail ATV Club Background
Talbot Trail was established in 2005 as a recreational riding club in Elgin County
and currently maintains approximately 100 km of trails throughout Malahide, Central
Elgin and Southwold. All trails are located on private property with landowner agreements
Talbot is a well organized agency with about 80 members, an executive board and
trail wardens. The club holds monthly meetings with the members to discuss club
issues, trips and trail expansion. Each meeting is documented and the minutes are
distributed to every member through email. The club holds a five million dollar
liability policy which includes protection for the landowners. In addition, the
insurance status of each member is confirmed on an annual basis during membership
Our club also monitors the trails on a regular basis and will close sections or
an entire trail if the weather dictates. An example of this would be during spring
thaw, when the trails may be closed for a few weeks to allow the land to dry before
Our club trails are in excellent shape and are not focused around mud riding.
For easy identification, each ATV has a trail pass displayed on the rear (included
in the package) with a small tag indicating month of membership expiry. This is
a similar system to the validation sticker found on motor vehicles. Additionally,
each member is provided with an identification card, which must be carried when
riding the trails system. ATV safety is important to the Talbot Trail ATV Club.
Stunt driving, speeding, excessive noise and alcohol consumption are not accepted.
Our club is proud of its image within the community and has a zero tolerance policy
on the above issues. All members must wearing D.O.T. approved helmets while on the
The Talbot Trail ATV Club will often participate in community events such as the
Christmas Parades in Port Stanley, Aylmer and Fingal and the International Air Show.
The Talbot Trail ATV Club is proud of its relationship with the landowners and prides
itself on being a safe, recreational trail riding organization which provides many
kilometres of riding for its members to enjoy.
In the first half of 2017, Malahide and Talbot Trail, working with OPP and Elgin
County representatives, developed a trial ATV/ORV by-law for the Municipality of
Malahide. Similarly, in October 2017, a by-law was established in the Municipality
of Southwold. Talbot Trail would like to propose a similar by-law which would allow
our club members to travel between trails on secondary roads in the Municipality
of Central Elgin.
Total road access allowance would be about:
- 1.2km on Edgeware Line
- 2.0km on Goudy Road
- 1.3km on Helkaa Line
- 0.8km on Penhale Road
- 15m on Buis Line
In order to promote safe and responsible ATV operation, our proposal would limit
road access to members of a recognized club, such as the Talbot Trail ATV Club.
This approach allows the club to help with compliance of its members with the requirements
of the by-law as well as the HTA & ORV Regulations. It also limits road access to
a small set of operators. In Malahide & Southwold, this approach has the support
of the OPP and municipal staff.
The by-law would include adherence to the existing requirements of:
- 1. The Highway Traffic Act, which regulates rules of the road for all vehicles,
- 2. Ontario Off-Road Vehicle Regulations, which regulates items such as municipal
by-laws, speed limits, helmets, age, insurance & licence.
Additionally, the by-law should include limits on night-time road access.
In conclusion, Talbot Trail would like to propose an ATV/ORV by-law in Central Elgin,
similar to Malahide and Southwold.
Dan McNeil commented that Council had discussed a similar proposal before and at
that time Elgin County would not allow access to County property and that Central
Elgin had agreed with the County position not allowing access to Municipal property.
Councillor McNeil also believed that Staff's efforts were better spent on walking
or biking trails.
Mayor Marr commented that there was a similar proposal before and it was turned
down mainly because of no OPP support. It was also turned down at the County level
because of higher levels of traffic on County roads. Steve Beech commented that
total Central Elgin road access would be about 5.3 kilometres and that the majority
of the trails were on private property that had access agreements in place.
Fiona Roberts inquired about traffic levels on the trails. The response was that at
this time of year, maybe three people a day would be accessing the trails, during
warmer weather on a weekend possibly six.
Dennis Crevits inquired about a club staging area for those using the trail system.
The response was that there was a three acre staging area on private property that
is maintained by the club on Helkaa Line.
Sally Martyn inquired about how access to the trails is restricted to members only.
The response was that club members are issued a membership sticker that is placed
on the licence plate and that the OPP and the club are responsible for controlling
Members of Council agreed that this was a sound and responsible proposal and that
Staff would be given direction to prepare a report and by-law.
1. Belmont Arena - Rental Fee
Correspondence received from Marlene Buchanan Taylor respecting the rental fee of
the upstairs hall in the Belmont Arena.
A Motion by Stephen Carr and Seconded by Harold Winkworth that correspondence has
been received from Marlene Buchanan Taylor on December 8th, 2017 respecting fees
for the rental of the upstairs hall in the Belmont Arena; And whereas Council has
recently passed By-law 2211, being a By-law to provide a fee schedule for services,
departments and divisions of the Municipality of Central Elgin which included a
revision reduction to hall rentals; Now therefore be it resolved that staff be directed
to send correspondence to Mrs. Buchanan Taylor to advise her of the changes to the
user fee By-law including a copy of said By-law for her reference. The Motion was
Correspondence (for Council's Information)
A Motion by Sally Martyn and Seconded by Stephen Carr that Correspondence for Council's
Information Items #1 - #7 inclusive be received as information and filed. Harold
Winkworth commented on number three regarding controls now being placed on "Pay
Day Loan Operations" saying that many people get into trouble with these types of
loans because of the high interest rates. The Motion was Carried.
1. Bill 160
Correspondence received from the City of Clarence-Rockland regarding Bill 160, Strengthening
Quality and Accountability for Patients Act, 2017.
AMO Correspondence received from AMO thanking Council for support in 2017 and seeking
continued support in 2018.
3. Bill 59
Correspondence received from the Ministry of Municipal Affairs respecting Bill 59,
Putting Consumers First Act (Consumer Protection Statute Law Amendment).
4. Elgin St. Thomas Public Health - Active Elgin
Correspondence received from Elgin St. Thomas Public Health respecting a new direction
for Active Elgin.
5. Transport Canada
Correspondence received from Transport Canada regarding "Letter of Intent - Recipient
Audit of Contribution Agreement under the Port Divesture Program".
6. Ontario PC Platform - People's Guarantee
Copy of correspondence received from Ernie Hardeman, MPP, PC Critic for Municipal
Affairs and Housing, respecting release of Ontario PC Platform, called the People's
7. Federal Legalization of Cannabis
Correspondence received from the Ministry of Finance respecting federal legalization
Chief Administrative Officer
CAO 01-18 End of Year Building Report - 2017
A Motion by Stephen Carr and Seconded by Fiona Roberts that the Council of the Corporation
of the Municipality of Central Elgin receive Report CAO 01-18 End of Year Building
Report - 2017 as information. Stephen Carr commented that it was amazing that in
2017 the Municipality issued permits for 120 new housing starts compared to 44 houses
in 2007, and that this trend was great to see. The Motion was Carried.
CAO 02-18 Appointment of Integrity Commissioner/Closed Meeting Investigator/Municipal
A Motion by Dan McNeil and Seconded by Sally Martyn that the Council of the Corporation
of the Municipality of Central Elgin receive Report CAO 02-18 Appointment of Integrity
Commissioner/Closed Meeting Investigator/Municipal Ombudsman as information. The
Motion was Carried.
Director of Physical Services
PW 01-18 Ron McNeil Line Water Petition
A Motion by Stephen Carr and Seconded by Harold Winkworth that the Council of the
Corporation of the Municipality of Central Elgin receive Report PW 01-18 as information;
And that Council accept the petition from Central Elgin residents requesting the
extension of municipal water services on Ron McNeil Line at Wellington Road. And
that staff be directed to work with the Township of Southwold respecting the design
and construction of the waterline. And further that the costs for the installation
of the waterline will be recovered from the benefiting properties. The Motion was
Director of Financial Services/Treasurer
DFS 01-18 Appoint the Auditor Firm for 2017
A Motion by Fiona Roberts and Seconded by Stephen Carr that the Council of the Corporation
of the Municipality of Central Elgin receive Report DFS 01-18 Appoint the Auditor
Firm for 2017 audit as information. The Motion was Carried.
DFS 02-18 Establish 2018 Interim Tax Instalment Information
A Motion by Sally Martyn and Seconded by Stephen Carr that the Council of the Corporation
of the Municipality of Central Elgin receive Report DFS 02-18 Establish 2018 Interim
Tax Instalment details as information. The Motion was Carried.
DFS 03-18 2018 Annual Temporary Borrowing By-law
A Motion by Harold Winkworth and Seconded by Stephen Carr that the Council of the
Corporation of the Municipality of Central Elgin receive Report DFS 03-18 2018 Annual
Temporary Borrowing By-law as information. Harold Winkworth commented that he had
issues with money and borrowing for day to day operational expenses, and spending
beyond our means. Karen Harris, Director of Finance/Treasurer replied that this
was a standard Municipal practice that was introduced because taxes are collected
throughout the year by instalments, and that expenses that are paid by the levy
generally occur outside the tax collection framework creating a temporary shortfall
of funds. This is simply a cash management tool that is only used when necessary
during the current calendar year. The Motion was Carried.
Director of Fire Rescue Services/Fire Chief
A Motion moved by Stephen Carr and seconded by Sally Martyn that by-law 2217, 2218,
2219, 2220, 2221 and 2222 be taken collectively. The Motions were read a 1st, 2nd,
and 3rd time and passed.
A Motion moved by Sally Martyn and seconded by Stephen Carr that by-law 2223 be read
a 1st, and a 2nd time. The Motion was Carried.
By-law 2217 Confirmatory By-law
By-law 2218 Appoint an Audit Firm for the 2017 Audit
By-law 2219 Authorize Temporary Borrowing for Current or Capital Expenditures - 2018
By-law 2220 By-law to Provide for the Year 2018 Interim Tax Levy, to Provide for
the Payment of Taxes, and to Provide for Penalty and Interest Charges for Non-Payment
of Taxes or Any Instalment by the Due Date
By-law 2221 Being a By-law to Appoint Independent Resolutions Inc. as Integrity Commissioner,
Closed Meeting Investigator and Ombudsman for the Municipality of Central Elgin
By-law 2222 Heritage Designation - 46083 Sparta Line
By-law 2223 Webber Bourne Drain - First and Second Reading
1. Approval of Date Change for Regular/Planning Meeting scheduled on January 22,
A Motion moved by Harold Winkworth and seconded by Fiona Roberts; Whereas members
of Municipal Council have registered and are attending the 2018 Roma Conference
in Toronto scheduled for January 21st to the 23rd; And whereas this will result in
a lack of quorum for the planned regular meeting of Council scheduled for Monday
January 22nd; Now therefore be it resolved that the Regular/Planning Meeting dated
Monday January 22nd, 2018 be scheduled to Monday January 29th, 2018. The Motion was
Mr. Perrin informed Council on the Garbage and Recycle Collection Schedule stating
that the Recycle Collection Schedule is up to date, and that the Garbage Collection
is a day behind. Port Stanley did not get collected today. The main issue for the
contractor has been the extreme cold causing havoc with equipment. The contractor
will also be adding another truck which should allow the garbage collection backlog
to be back on schedule by end of Wednesday.
Harold Winkworth commented about an email received from a Hillcrest resident concerning
snow plowing issues in a cul-de-sac. A majority of Council agreed to reopen this discussion
in order to make public the reasons for the complaints. Mr. Perrin began describing
the problems encountered when clearing snow in a cul-de-sac which begins at the outside
and plows to the center. Each time it snows the snow plow operator must choose a
spot to deposit the pile of snow that gets cleared. Because of the orientation,
size, fire hydrants, and lighting in the cul-de-sac, available locations for snow
placement can vary, but efforts are made to select a different deposit area every time
it snows. Snow is not left in the center of the cul-de-sac because of safety concerns
unless an island of sufficient size is available which includes a landscaped open
ground for drainage. A roundtable discussion continued with the majority of Council
in agreement that the best operational practices are being executed, and that more
public engagement might be necessary to discuss snow plowing issues.
Closed Session - Council went into Closed Session at 8:30 P.M.
CS1 - Litigation or Potential Litigation (239(2)(e)) and/or Personal Matters about
an Identifiable Individual (239(2)(b))