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Port Stanley News RSS Feed  News Regular Meeting Of Council On Monday, November 13th, 2017

News

by Doug Harvey
Regular Meeting Of Council On Monday, November 13th, 2017
Mr. Rob Foster, of Graham, Scott, and Enns

The Corporation of the Municipality of Central Elgin

Regular Meeting Of Council On Monday, November 13th, 2017

Roll Call - All Present.

Disclosure of Pecuniary Interest and the General Nature Thereof- None disclosed.

Adoption of Minutes

Minutes of the Regular/Planning Meeting of Council dated Monday, October 23, 2017 were adopted.

Employee Recognition

Firefighters

10 Years

Mark Brown
Anthony Bynsdorp
Jason Clark
Brodie Golem
Steve McDonnell
Todd Ward

Full Time Employees

10 Years

Mike Bond
Andrew Sleegers

15 Years

Todd Douglas
Mike Goodwin
Quinn Moyes

15 Years

Trent Lucas
Mary-Lou Vanrooy

20 Years

Todd Waldick

20 Years

Lloyd Perrin

25 Years

Don Neville

25 Years

Stephanie Meeuse
Dianne Wilson

35 Years

Hugh Cooper

35 Years

Mark Johnson

Delegations - None.

Correspondence (Action)

1. Painted Fish Mural
Correspondence received from Kettle Creek Conservation Authority seeking permission and a location to display the fish mural which was created by students from the Thames Valley District School Board who recently attended the Lake Erie Student Conference which was hosted at Port Stanley Arena on October 19, 2017 by the Kettle Creek Conservation Authority.

A Motion moved by Fiona Roberts and seconded by Dennis Crevits that the Council of The Corporation of the Municipality of Central Elgin approve the installation of a painted fish mural which was created by the students who participated in the Stream of Dreams program hosted by the Kettle Creek Conservation Authority; And further that staff be directed to find a suitable location in Port Stanley to display the mural. The Motion was Carried.

Correspondence (for Council's Information)

A Motion moved by Dennis Crevits and seconded by Dan McNeil that Correspondence for Council's Information Items #1 - #11 inclusive be received as information and filed. The Motion was Carried.

1. Ministry of Education
Copy of correspondence received from the Ministry of Education respecting proposed revisions to Pupil Accommodation Review Guideline (PARG) and Community Planning and Partnerships Guideline (CPPG).

2. AMO's 2016 Federal Gas Tax Fund Annual Report
Correspondence received from AMO advising of AMO's 2016 Federal Gas Tax Fund Annual Report

3. Fair Housing Plan
Correspondence received from Honourable Peter Milczyn, Minister of Housing, Minister Responsible for the Poverty Reduction Strategy respecting Fair Housing Plan.

4. Bill 148
Correspondence received from The Township of Drummond/North Elmsley seeking support for their resolution respecting Bill 148.

5. Cannabis Legalization
Correspondence received from Ontario Minister of Finance regarding Cannabis Legalization.

6. Federal Legalization of Cannabis
Copy of correspondence sent to the Honourable Yasir Naqvi, Attorney General of Ontario, from the Elgin St. Thomas Public Health, respecting "Ontario's safe and sensible framework to manage federal legalization of cannabis".

7. Elgin County OPP Family Day
Correspondence received from Elgin County OPP thanking Central Elgin for their assistance at recent OPP Family Day.

8. Bill 148
Correspondence received from the Town of Mono respecting concerns with the on-call provisions of Bill 148, Fair Workplaces, Better Jobs Act, 2017 and its affect on Municipal budgets.

9. Bill 148
Correspondence received from Township of Sioux Narrows - Nestor Falls advising of support for Township of Montague Resolution regarding the on-call provisions of Bill 148, Fair Workplaces, Better Jobs Act, 2017.

10. Parking Committee
Copy of minutes of the Parking Committee meeting dated March 22, 2017.

11. Port Stanley BIA - Board of Management
Copy of BIA Board of Management meeting minutes dated October 11th and October 26th, 2017.

Reports

Chief Administrative Officer

CAO 67-17 - Accessibility Training Plan for 2018

A Motion moved by Stephen Carr and seconded by Harold Winkworth that the Council of The Corporation of the Municipality of Central Elgin approve the Accessibility Training Plan for 2018 as per Report CAO 67-17. The Motion was Carried.

The report indicated that in order to ensure that training is provided in accordance with the regulation, a training plan has been developed to be implemented in 2018. Completion of the training is required and the Municipality attempts to improve training efforts to ensure that training is appropriate to the duties assigned to each individual employee. This training plan has been prepared with the assistance and guidance of Jennifer Cowan, Accessibility Coordinator for the County of Elgin.

CAO 68-17 - Port Stanley Harbour and Kettle Creek - Harbour Fees and Navigable Waters

A Motion moved by Dan McNeil and seconded by Stephen Carr that the Council of The Corporation of the Municipality of Central Elgin receive report CAO 68-17 Port Stanley Harbour and Kettle Creek - Harbour Fees and Navigable Waters as information and further that a copy of this report be sent to Terry Campbell, 584 George Street, Port Stanley. The Motion was Carried.

The report indicates that this is in response to an inquiry submitted by Terry Campbell regarding the "on demand" opening of the King George VI Lift Bridge for commercial fishing vessels, and the fees associated with harbour use such as berthage, wharfage, dues, etc.

Mr. Campbell correctly indicates that the Navigation Protection Act does not apply to Kettle Creek beyond the King George VI Lift Bridge. However, It must be recognized that the Act only regulates work within certain waterways in Canada. The Act does not specifically define or list all navigable waterways in Canada. In the case of Kettle Creek, the Act requires a permit from Transport Canada for works south of the lift bridge. No permit is required in Kettle Creek north of the lift bridge. However, the right to use navigable waters as a "water highway" is protected by law regardless of whether the waterway is regulated under the Navigation Protection Act.

In assessing whether a waterway is navigable, Transport Canada suggests the following criteria:

  • Does the physical characteristics of a waterway support carrying a vessel of any size eg canoe/kayak, from one point to another; and
  • Is there information of current use or past use of by the public of the waterway as an aqueous route for navigation purposes.

Based on these criteria, it is staffs opinion that Kettle Creek throughout the community of Port Stanley and upstream is a navigable waterway. The right to use Kettle Creek as a "water highway" is protected under law. In support of this information is correspondence from Kelly Thompson, Inspection Officer, Navigation Protection Program, Transport Canada, and Transport Canada's Frequently Asked Questions respecting the Navigation Protection Act.

The operation protocols for the King George VI Lift Bridge have essentially been in place for at least thirty years. There is no reason to believe that the current operation of half hour lifts between 4:00 a.m. and 10:00 p.m. and "on demand", all day, for commercial fishing is noncompliant. However, any reduction in lifts, may be considered legally non-compliant. Should Council wish to consider reducing the lift bridge hours of operation or frequency of lifts as suggested by Mr. Campbell, it is recommended that the Municipality obtain legal advice assessing the proposed operational changes and the Municipality's legal obligation to not negatively impact a navigable waterway.

Council's User Fee Committee is currently meeting to review changes to Municipal user fees for 2018. Included in this review are the fees associated with the harbour. Staff has been surveying other municipalities for fee information. Recommendations from the Committee will be reported to Council at a future meeting.

CAO 72-17 - October 2017 Monthly Building Reports

A Motion moved by Stephen Carr and seconded by Fiona Roberts that the Council of The Corporation of the Municipality of Central Elgin receive report CAO 72-17 October 2017 Monthly Building Reports as information.

Mayor Marr commented that the monthly building summary for New Homes Municipality wide to date for 2017 is 111, up from 78 during the same period in 2016 which was a good year. I'm not sure what our record is, but I think we have broken our record by now for new homes. He also indicated that at the committee meeting it was reported the there were just under 1,500 parking tickets issued for this last year.

The Motion was Carried.

CAO 73-17 - Petition to Change Ward Boundaries - Ward 2

A Motion moved by Dennis Crevits and seconded by Stephen Carr that the Council of The Corporation of the Municipality of Central Elgin receive the petition requesting Council to adjust ward boundaries to move "Little Creek, Sunset Bluffs and adjacent properties" to Ward 1 from Ward 2 as information; And that Council direct staff to request proposals for qualified persons to undertake a ward boundary review encompassing all five wards in 2018; and further direct staff to send correspondence to John Blair, Kingsley Snelgrove and Robert McGovern advising that the submitted petition does not satisfy the requirements of section 223 of the Municipal Act and the actions that Council has requested be undertaken as per Report CAO 73-17.

Dan McNeil commented that he is currently the Councillor from Ward 1 and have been consulted by constituents from Ward 2. He also said that he would like to report to Council and to the constituents that want to be constituents of his that he had a conflict of interest by wading into this big time. I think that the issue is extremely important, but the timeliness of it is of substance here, and the procedures that remain fair to all the other wards. A lot of people put a lot of faith in petitions and I think there is a general misunderstanding of the nature of petitions, what they can and can't do.

Dennis Crevits commented that he agreed that Council should be look at Ward Boundary adjustments, but that because of insufficient time to get this done now before the election, that the Ward Boundary adjustments be added to the 2018 budget for consideration after the next election.

Harold Winkworth commented that this should be looked at after the election, timing is everything.

Mayor Marr commented that this has been brought up before right after the last election. I felt at the time we should be reviewing that and we did go out and got a quote. The quote was about $22,000 to do an adjustment to the entire Municipality Ward system, how it's setup, where the boundaries are, and all the things that need to considered in an adjustment to the boundaries.

Mr. Leitch commented that regardless of the validity of the petition that essentially Council from a legislative point of view has run out of time to make a change for the 2018 election. That essentially your required to give 45 days notice, if you count the days, will take us into the last week of December, however were not open for business that particular week. So if you make reference to the Legislation Act, subsection 289 of the Legislation Act says that time limits for registering or for filing documents, or for doing anything else that expire on a day when the place for doing so is not open during it's regular hours of business are extended to the next day the place is open during it's regular hours of business. So effectively even if you passed the by-law tonight, it would not take effect until January 2nd, that's after the December 31st deadline, and therefore the by-law wouldn't be effective until 2022.

The vote on the Motion for the Petition to Change Ward Boundaries - Ward 2 was taken with only Harold Winkworth opposed. The Motion was Carried.

The report indicated that the Municipality had received a petition signed by 167 individuals requesting Council to adjust ward boundaries to move "Little Creek, Sunset Bluffs and adjacent properties" to Ward 1 from Ward 2.

The requirements for changing ward boundaries are set out in sections 222 and 223 of the Municipal Act. The report addresses the principles for ward boundary reviews as established by the Ontario Municipal Board in various hearings into appeals of municipal ward boundary by-laws.

The following list shows the current number of electors in each ward, based on the most recent Voters' List in 2014.

  • Ward 1 - Number of Electors - 2122
  • Ward 2 - Number of Electors - 2133
  • Ward 3 - Number of Electors - 1801
  • Ward 4 - Number of Electors - 2499
  • Ward 5 - Number of Electors - 2102
  • *Total* - Number of Electors - 10,658

The Municipal Act provides two mechanisms to initiate a ward boundary review:

  • Council receives a petition received by one percent of the electors in the Municipality in the case of Central Elgin. For this section, an "elector means a person whose name appears on the voters' list, as amended up until the close of voting on voting day for the last regular election preceding a petition being presented to Council...." If Council fails to pass a by-law in accordance with the petition within ninety days after the submission of the petition, any elector may apply to the Ontario Municipal Board for a hearing....
  • Council can initiate a ward boundary review and enact a by-law to change ward boundaries. The by-law may be appealed by the Minister of Municipal Affairs or anyone else to the Ontario Municipal Board.

Subsection 222(8) of the Act determines when a by-law comes into force for a municipal election. Essentially, a by-law must be passed with no appeals or all appeals withdrawn or an OMB order issued prior to January 1st of the year of the municipal election. The appeal period for by-laws passed is 45 days from the date of passing.

Staff has reviewed the petition to determine whether it meets the number of elector signatures required by the Municipal Act. It appears that 85 signatures on the petition satisfy the statutory definition of electors. The balance of the signatures could not be located on the 2014 voters' list. Many of the signatories are in newer subdivisions that did not exist in 2014. Currently, 107 electors would be equivalent to one percent of the electors as defined by section 223 of the Act. Therefore, it is staff's opinion that petition does not require Council to undertake a review pursuant to this section of the Act.

Staff considered whether there was sufficient time for Council to enact a by-law and for that by-law to come into force prior to January 1, 2018 so that the ward boundary changes would be effective for the 2018 municipal elections. Simply, there is insufficient time. Even if Council was to act immediately to pass a by-law, the earliest date that a by-law could come into force is January 2, 2018. In reviewing the statutory timelines, staff consulted with the Municipal solicitor, Stephen Gibson.

Council had considered a November 2012 proposal from Watson & Associates in association with Dr. Robert J. Williams, University of Waterloo Political Science Professor Emeritus, to undertake a review of all of Central Elgin's ward boundaries at a cost of $25,700. The proposal was not accepted by Council.

Staff would recommend that proposals be sought to undertake a ward boundary review in 2018 recognizing that any by-law passed following the review would not be effective until the 2022 municipal election. The proposed cost of the ward boundary review would be included in the 2018 municipal budget.

Staff would strongly recommend that:

  • A ward boundary review should consider all five wards in the municipality. Removing electors from one ward and transferring them to another may impact on the remaining wards. Further, there may be considerations with ward boundaries elsewhere in the municipality that should be examined at the same time, not in isolation from the rest of the municipality. A comprehensive approach should be undertaken.
  • A ward boundary review should be carried out by a party independent of the Municipality. The party should have the expertise to guide the review process, undertake the necessary public consultation, and be recognized by the OMB as an expert witness should an appeal of the by-law be filed.

Director of Physical Services

PW 47-17 - Kettle Creek Watermain Crossing - St. George Street

A Motion moved by Dan McNeil and seconded by Harold Winkworth that the Council of The Corporation of the Municipality of Central Elgin include the replacement of the existing 150mm watermain crossing Kettle Creek on St. George Street with a 300mm watermain and include the work with the Old Lynhurst construction project in 2018; And that $115,500 be included in the 2018 water capital budget for this project as per report PW 47-17. The Motion was Carried.

PW 48-17 - St. George St. Sanitary Sewer Capacity Optimization

A Motion moved by Sally Martyn and seconded by Stephen Carr that Council of the Municipality of Central Elgin receive report PW-48-17 - St. George St. Sanitary Sewer Capacity Optimization as information; And further that Council of the Municipality of Central Elgin does not approve the use of the St. George St. Sanitary Sewer to be utilized as the outlet for the lands on the north side of McBain Line west of Wellington Road unless there is sufficient flow diverted away from the St. George St. Sanitary Sewer to accommodate proposed growth; And that Council approve installation of the new Carriage Road Sanitary Sewer and Crescent Ave forcemain subject to the cost for the installation of said services to be recovered from the Township of Southwold. The Motion was Carried.

PW 49-17 - Front Street Slope Stabilization

A Motion moved by Dennis Crevits and seconded by Fiona Roberts that Council of the Corporation of the Municipality of Central Elgin accepts the proposal submitted by Golder Associates to complete a slope stability report and design drawings for the stabilization of Front Street for a cost of $27,000.00 excluding HST as per Report PW 49-17. The Motion was Carried.

Director of Financial Services/Treasurer

DFS 29-17 - 2016 Financial Statements & Audit Findings Letters

A Motion moved by Harold Winkworth and seconded by Dan McNeil that Council of the Corporation of the Municipality of Central Elgin receives the 2016 Consolidated Financial Statements and Audit Findings Letter for the financial operations of the Municipality of Central Elgin as information; And that the Mayor be authorized to sign off the Audit Findings Letter on behalf of the Municipality of Central Elgin for 2016 as per Report DFS 29-17.

The report indicated that the Audit findings letter is a pertinent statement of fact by a process of comparing what should be to what has occurred resulting from a process that evaluates audit evidence and compares it against audit criteria. Mr Rob Foster, of Graham, Scott, Enns in attendance presented the Audit Findings Letter for 2016 and noted that there were no items of concern or non-conformity discovered during the audit, and that there was an operating fund accumulated surplus of $500,000. All operational surplus dollars will be contributed to the Rate Stabilization Reserve established by By-Law 1395 in October 2011 to offset future tax-supported operations of the municipality.

The Motion was Carried.

DFS 30-17 - Revise Tax Installment Dates for 2018 and future years

A Motion moved by Dan McNeil and seconded by Fiona Roberts that Council of the Corporation of the Municipality of Central Elgin accept report DFS 30-17 - Revise Tax Installment Dates for 2018 and future years as information.

Karen Harris commented that in order to maintain a positive cash flow during the summer months, staff are proposing that the November instalment date be moved to July 15th leaving the gap in cash flow for future years between October and February. These months, historically, represent the lowest volume of outflows measured to date. Staff feel that this realignment will alleviate pressure on temporary short-term borrowing within the year.

Staff would provide notification of this change as part of the interim billing in February 2018 and would make the amended due date part of the annual by-law as noted above for Council's adoption at that time. This really only affects people who pay on a installment basis who come in to the office to pay on installment day or through the preauthorized installment payment program.

The vote on the Motion for the Revise Tax Installment Dates for 2018 and future years was taken with only Dennis Crevits opposed. The Motion was Carried.

Director of Fire Rescue Services/Fire Chief

FS 18-17 - CEFRS Establishing & Regulating By-law

A Motion moved by Stephen Carr and seconded by Dennis Crevits that Council of the Corporation of the Municipality of Central Elgin receives report ES-18-17 - CEFRS Establishing & Regulating By-law as information. The Motion was Carried.

By-laws

A Motion moved by Dennis Crevits and seconded by Fiona Roberts that by-law 2180, and 2181, be read a 3rd time and finally passed.

A Motion moved by Dan McNeil and seconded by Harold Winkworth that by-law 2191, 2192, 2193, 2194, 2195, 2196, 2201,and 2202 be taken collectively. The Motions were read a 1st, 2nd, and 3rd time and passed collectively.

A Motion moved by Dennis Crevits and seconded by Harold Winkworth that by-law 2197, 2198, 2199, and 2200 be taken collectively. The Motions were read a 1st, and 2nd time and passed collectively.

By-law 2180 - Small Drain 2017 - THIRD READING

By-law 2181 - Norman Drain 2017 - THIRD READING

By-law 2191 - ZBA - Muscat, 6720 Sunset Road

By-law 2192 - ZBA - Wright, 44160 Sunset Road

By-law 2193 - ZBA - Crosby, 46291 New Sarum Line

By-law 2194 - Confirmatory By-law

By-law 2195 - Removal of "H" Holding Symbol - Craigholme Phase 5

By-law 2196 - Being a By-law to Execute a Development Agreement with Don West Construction Ltd., respecting Sunset Bluffs - Phase II

By-law 2197 - Hayhoe Municipal Drain 2017 - FIRST & SECOND READING

By-law 2198 - Crosby Municipal Drain 2017 - FIRST & SECOND READING

By-law 2199 - MacVicar Municipal Drain 2017 - FIRST & SECOND READING

By-law 2200 - Crane Municipal Drain 2017 - FIRST & SECOND READING

By-law 2201 - Central Elgin Fire Rescue - Establishing & Regulating By-law

By-law 2202 - Being a By-law to Execute a Licencing Agreement - First Regular Baptist Church - Yarmouth

Public Notice

Resolutions

New Business

Lloyd Perrin commented that regarding the Lynnhurst Reconstruction Project, we have plans that are 99% complete that we are reviewing, and will be having a Public Open House on Tuesday evening, November 28th so that residents will be able to review plans for comments, and feedback with the intention that we can tender the job before or just after the new year.

Mayor Marr commented that he has been getting a lot of complaints about dogs. Dogs that are off leash, dogs attacking other dogs, or people, and the most common complaint of people not picking up after their dogs. This is something that we do have to deal with.

Dennis Crevits commented about a problem of speeding in the Larry Street area of Port Stanley, and asked Lloyd Perrin about the available speed reducing measures, and how effective they were. Lloyd Perrin commented that he believed that even if the posted speed was reduced to 30 km, people would still drive at the speed they are comfortable driving at. Unless you physically do something to the road to make it uncomfortable driving above the indicated speed limit of that road, people will just continue going at whatever speed they are comfortable driving at.

Mayor Marr commented that we should get the Larry and Beamish areas monitored to get some facts about the area speeding. He also commented about the entire Municipality having speeding complaints and said that we won't be able to put speed bumps on every road. We are going to have to find a method to somehow address this speeding issue.

Fiona Roberts commented that education is a partial solution, and contacting the OPP with information about the vehicle or drivers involved seems to work.

Unfinished Business

Closed Session - Council went into Closed Session at 8:35 P.M.

CS1 A Proposed or Pending Acquisition or Disposition of Land (s.239(2)(c)) - HUB

CS2 Litigation or Potential Litigation (s.239(2)(e)) and or Solicitor-Client Privilege (s.239(2)(f)) - Neville OMB Case, 44400 Talbot Line

CS3 Labour Relations or Employee Negotiations (s.239(2)(d)) - Customer Service Representative

Adjournment


Last Updated: Tuesday, 14 November 2017 15:01:24 PM EST

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