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Port Stanley News RSS Feed  News Central Elgin Regular/Planning Meeting Of Council On Monday, August 26th, 2019

News

by Doug Harvey

The Corporation of the Municipality of Central Elgin

Central Elgin Regular/Planning Meeting Of Council On Monday, August 26th, 2019

Roll Call - Councillor Roberts was absent.

Disclosure of Pecuniary Interest and the General Nature Thereof

Nothing disclosed.

Adoption of Minutes

Minutes of the Regular/Planning Meetings dated June 24 and July 22, 2019 were adopted.

Delegations

1. Elgincentives CIP Program
Alan Smith, General Manager, Economic Development, County of Elgin, was in attendance to provide Council with an overview of the Elgincentives CIP Program.

Elgincentives is a Community Improvement Plan that contains a set of tools and strategies for building and improving the economic and social environment in defined areas in Elgin County which to date has invested $3,883,455 into the local business community.

The Elgincentives project began with initiations and consultations in the fall of 2014, six months later Elgincentives was adopted by all 7 Municipal Partners, and finally a year later the first approved applicants were accessing funds to stimulate growth, diversify and improve the quality of their business.

Financial Incentives include:

  • Tax Increment Equivalent Grant;
  • Facade, Signage, and Property Improvement Grant;
  • Building Improvement-Restoration Grant;
  • Building Conversion-Expansion Grant;
  • Energy Efficiency Retrofit Grant;
  • Outdoor Art Grant;
  • Feasibility-Design Study Grant;
  • Application and Permit Fees Rebate;
  • Multiple Property Owners Supplemental Grant;
  • Savour Elgin-Elgin Arts Trail Supplemental Grant.

The Elgincentives Process is a simple 6 step program that begins with a pre-consultation meeting that leads to an application being submitted to the committee whereby the committee will make a decision. An approved applicant can then undertake the work and upon completion have a final inspection to verify that grant conditions have been met, then the grant is paid.

The key areas of economic activity includes Downtown/main street areas; Agricultural areas; Ports/lakeshore areas; Key tourist and outdoor recreational areas; and Employment areas. To date there has been 167 approved applicants that have received $897,753 in approved grants that stimulated a total of $3,883,455 in value added projects around Elgin County.

An amendment to the Elgincentives is being proposed in 2019 to include Industrial and Brownfield Properties within the current Elgincentives budget.

Environmental Study Grant

  • Intended to assist owners of brownfield sites in undertaking environmental studies to generate more and better information with respect to the type of contamination, environmental risks, and potential remediation requirements and costs.
  • 50% of the eligible cost of the improvements to a maximum of $8,000, or the total value of eligible costs related to the project, whichever is less.
  • E.g. Phase II ESA, Remedial Action Plan and Risk Assessments.
  • Contained within the existing budget of Elgincentives.

Brownfield Tax Assistance Program

  • Supports the remediation and redevelopment of brownfield (contaminated) sites by providing tax assistance during the clean-up (remediation) and redevelopment stage.
  • Cancellation of all or part of the Municipal and/or County portion of the taxes on a site during the rehabilitation and development period, up to a period of 3 years, as defined in the Municipal Act, 2001.
  • Can apply to the Minister of Finance, to match property tax assistance through the cancellation of the education portion of taxes.

Higher Density Residential Uses

  • Desired intensification projects where approved through the local Municipal Official Plan
  • Tax Incremental Equivalent Grant (TIEG), and Brownfield Programs

In order for these changes to the Elgincentives program to be adopted, a Statutory Public Meeting is required under the Planning Act and then adoption by the 7 Councils of Elgin County.

Council seemed to favour this program and indicated that a 20 day notice for a Public Meeting would be held as soon as Mr. Leitch comes back from vacation on September 6th.

2. Access to Little Beach and the Village
Margo Jory, was in attendance to discuss access to Little Beach and the Village.

I am here on behalf of the delegation representing the people of the Orchard Beach community in Port Stanley. I have been a resident of the Orchard Beach community for 52 years. My mother Margaret Sanderson is now 85 years old and is still a resident and has been living in this community since she was sixteen. She would take the L&PS train from London to Port Stanley all the time it ran.

My parents met in the early twenties in Port Stanley. The Orchard Beach community in Port Stanley is made up of many generations of long-term residents, as well as newcomers, many of whom have children. Today we are asking that you consider a request from the residents of the Orchard Beach area to restore access at the west end of Edward Street to allow residents to reach the public stairs at the south end of Prospect Street. We would like you to consider constructing a path or stairway that would create the shortest, safest, most economical, and most convenient access point for Orchard Beach residents to get to Little Beach, or to travel north on Prospect Street to walk into the village.

Currently residents, children and visitors are forced to walk up the hill at Currie Blvd. an unsafe alternative to the substantial vehicle traffic that uses the narrow winding pedestrian unfriendly road. We ask that you consider whatever that needs to be done to expropriate the space required from what we understand to be a 100 plus year old deed belonging to people who are no longer with us. Some background on the stairs that previously existed, a set of stairs were built from the west end of Edward Street up to Prospect Street back in the early seventies and remained there until sometime in the nineties. I have a survey with me that demonstrates exactly where the stairs were located. I used to use them almost daily in my childhood into my mid-twenties, in fact my brother Rob and I used to play Rock-Paper-Scissors first thing in the morning during the summer to see who would go first through the cobwebs.

I don't have in my possession an exact picture of the stairs however I do have a picture of the immaculately maintained hedges that surrounded the stairways. It's our understanding that not too long ago money was set aside by Central Elgin to construct a foot path up Maple Street, however this project was abandoned. We are suggesting that a path or staircase on the site where the stairs were located previously is a much more economical way way to access Little Beach then the previous Maple Street proposal. The proposal today is backed by 165 signatures of the Orchard Beach community and we suggest that because we live in a era that each and everyone of us must consider the effects we place on our environment in our daily habits, that you consider our carbon footprint if we have to get in the car to go around to access Little Beach every day in the summertime.

Councillor Crevits indicated that he supported this project but believed that Central Elgin was not at that point where expropriation for this type of project could be justified.
Deputy Mayor Marks and Mayor Martyn also supported this project and thought that further legal options must be explored to make this happen.
Discussion continued on the history of the previous stairway and of the possible legal options available, and direction was given to staff to explore any options to make this project happen.

Correspondence (Action)

1. Elgin Police Services Board
Correspondence received from the Elgin Police Services Board seeking interest in working collaboratively developing and implementing a joint CSWB Plan with the County Chief Administrative Officer leading the process on behalf of the constituent municipalities represented by the PSB.

As part of legislative changes to the Police Services Act (Bill 68) passed in March 2019, each municipality in Elgin County will be required to develop a Community Safety and Well—Being (CSWB) Plan. Plans must be prepared and adopted by January 1, 2021. The goals of developing and implementing a CSWB Plan, as presented by the Ontario government is to:
  • achieve a state of being a sustainable community where everyone is safe, has a sense of belonging, access to services and where individuals and families are able to meet their needs for education,health care, food, housing, income and social and cultural expression;
  • ensure the right services are delivered to the right people at the right time;
  • recognize that complex risks to safety and well-being cannot and should not be addressed in isolation by any one organization, agency or sector; and
  • achieve greater coordination and collaboration on issues and situations before they escalate into a crisis.

There are many legislative requirements associated with CSWB planning including the following requirements to:

  • establish a multi-sectorial advisory committee including representatives from, but not limited to health and mental services,education services,community/social services (adult/children/youth), custodial services to children or youth, municipal council members or municipal employees, the police services board or a detachment commander(or delegate);
  • conduct consultations with the advisory committee,members of the public including youth, as
  • well as members of First Nations and community organizations that represent these groups;
  • identify priority risks (e.g. systemic discrimination and other social factors that contribute to crime, victimization, addiction, drug overdose and suicide) and must identify strategies to reduce the prioritized risk factors (e.g. new services,changing/coordinating existing services);
  • and set measurable outcomes.

A Motion by Councillor Row and Seconded by Deputy Mayor Marks that the Council of the Corporation of the Municipality of Central Elgin confirm it's interest in working collaboratively on a joint Community Safety and Well Being Plan for Elgin County and support the County Chief Administrative Officer to lead the process on behalf of the constituent municipalities represented by the Elgin Police Services Board. Motion Carried.

2. Royal Canadian Legion - Last Post Branch 410
Correspondence received from the Royal Canadian Legion - Last Post Branch 410 seeking permission for annual Remembrance Day Parade and Act of Remembrance Service on Sunday November 10th, 2019.

The Last Post Branch 410 of the Royal Canadian Legion located in Port Stanley, Ontario is seeking permission from the Municipality of Central Elgin to have their Annual Remembrance Day Parade and Act of Remembrance Service on Sunday, November 10, 2019.

The parade will form up at the southern end of Main Street at 10:00 A.M. with a march off to commence at 10:45 A.M.

The parade will proceed North on Main Street and then proceed west on Bridge Street to The Veterans Cenotaph in front of the Legion.

A Motion by Councillor Fehr and Seconded by Councillor Row that the Council of the Corporation of the Municipality of Central Elgin has no objections to a request from the Royal Canadian Legion - Last Post Branch 410 seeking permission for their annual Remembrance Day Parade and Act of Remembrance Service on Sunday November 10th, 2019 subject to the following:

  • Liability Insurance be provided by the organizers of the event in the amount of $5,000,000.00 naming the County of Elgin and the Corporation of the Municipality of Central Elgin as co-insured and held harmless;
  • The final schedule and location of the event being approved by the Director of Physical Services or his Designate;
  • and approval be obtained from the County of Elgin regarding the temporary closure of Bridge Street for the parade.

Motion Carried.

3. Royal Canadian Legion - Last Post Branch 410
Correspondence received from the Royal Canadian Legion - Last Post Branch 410 respecting 2019 Poppy Campaign.

The Royal Canadian Legion Branch 410, Port Stanley will be working on their Poppy Campaign and are requesting permission to allow the Legion to have a Poppy Distribution volunteer canvas outside the Port Stanley Arena on Carlow Road.

The volunteer would be there on Friday, October 25th between the hours of 4:00 P.M. and 7:00 P.M. and Saturday, October 26th between the hours of 9:00 A.M. and 4:00 P.M.

A Motion by Councillor Fehr and Seconded by Councillor Crevits that the Council of the Corporation of the Municipality of Central Elgin has no objections to a request from the Royal Canadian Legion - Last Post Branch 410 to allow Poppy Distribution volunteers to canvas outside the Port Stanley Arena and Community Centre on Friday, October 25th between from 4:00 P.M. to 7:00 P.M. and Saturday, October 26th from 9:00 A.M. to 4:00 P.M. Motion Carried.

4. Port Stanley Arena - Rental Fee
Email correspondence received from Doris & Dennis Gingell respecting rental fee of Port Stanley Arena

Port Stanley Arena - Rental of space - AA/Al-Anon

Hello Diane,

We have been in touch with Tom Marks through email and telephone. He has suggested that we email you as well so that our concern could be put on the agenda for the next council meeting.

We have rented the Port Stanley Arena for the last 2 years for an AA/Al-Anoevnent, ( a program which brings families together); Saturday June 9th, 2018 & June 8th, 2019.

We were hoping to make this an annual event but this year when we went to reserve the date for next year we were told the rent had gone up and that it was more than doubled what we have been paying. ($355 to $883).

We feel we do a great service to the community and also having it in Port Stanley brings in people from far beyond; people who use B&Bs, hotels, restaurants and also benefit the other businesses in town too.

We keep people out of jails and hospitals. We are a much needed community service to those in need.

Our program is, although, a not-for-profit organization and are self-supporting. Any extra money made is put right back into program. Any extra costs puts an undue hardship for us as volunteers.

We are just asking for yours and councils consideration to apply a more reasonable rate to renting the space at the Port Stanley Arena for this event.

thank you,
Doris & Dennis Gingell

A discussion followed on how the rental rates have changed through the years and how rates have been adjusted several times to satisfy clients. A majority of Council believe that it's better to rent out the facilities at a loss than to have those facilities stay empty.
Councillor Fehr indicated that because the rates were way to low, the rates were raised to recover costs, not to make a profit.

A Motion by Deputy Mayor Marks and Seconded by Councillor Row that email correspondence received from Doris & Dennis Gingell respecting rental fees of Port Stanley Arena for the 2020 AA/Al-Anoevnent event be referred to the User Fee Committee; And further that any other discussion take place regarding other rentals scenarios of this nature by the Committee. Motion Carried.

5. Catfish Creek Conservation Authority
Correspondence received from CCCA respecting correspondence received from Minister Jeff Yurek, Ministry of Environment, Conservation and Parks, regarding "wind down" of non-mandatory programs.

On Friday August 16th, 2019 at 6 p.m. Ontario Conservation Authorities including the Catfish Creek Conservation Authority (CCCA) received a letter from Minster Jeff Yurek, Ministry of Environment, Conservation and Parks, that may have a significant impact on our local communities. Should the direction to "wind down" non-mandatory programs and services as outlined in the letter be carried out, it could represent one of the single largest attacks on environmental programs in Ontario's history.

On August 20th, 2019 at 8:30 a.m., Minister Yurek clarified the Ministry position indicating the province is "giving municipalities greater control over the ability to enter into agreements with conservation authorities to fund programs and services outside of their mandate if they choose." CCCA felt this approach was reasonable as it allows important local programs to continue if municipal partners wish to fund them, or in the case of non-mandatory programs such as CCCA's maple syrup festival, continue since the revenue generated goes to offset shortfalls in provincial funding, and minimizes the levy increases associated with rising costs for delivery of mandated programs. Currently the province funds 9% of provincially mandated programs, Member Municipalities fund 66% and self generated revenue makes up remaining 25%.

CCCA does not use municipal levy or Provincial Section 39 funds for anything other than management of natural hazards. We've always been transparent about this through our budget process, annual report, and audited financial statements which are available on our website. The budget has always been broken into Mandated and Non Mandated programs with a clear picture where Municipal Tax money is spent.

A Motion by Councillor Crevits and Seconded by Councillor Fehr that correspondence received from Catfish Creek Conservation Authority respecting direction to "wind down" non-mandatory programs and services as outlined by Minister Jeff Yurek, Ministry of Environment, Conservation and Parks be endorsed; And further that staff be directed to send correspondence to Minister Jeff Yurek expressing concerns from Central Elgin Council on this matter. Motion Carried.

Correspondence (for Council's Information)

A Motion by Deputy Mayor Marks and Seconded by Councillor Cook that Correspondence for Council's Information Items #1 - #13 excluding item #1, #3, and #11 be received as information and filed. The Motion was Carried.

1. Reducing Litter and Waste
Copy of resolution received from the Town of Halton Hills seeking support for their resolution respecting "Reducing Litter and Waste in our Communities".

A Motion by Councillor Row and Seconded by Councillor Crevits that correspondence received from the Town of Halton Hills regarding "Reducing Litter and Waste in our Communities" be supported. Motion Carried.

2. Fernie Street
Copy of correspondence received from Bruce & Mary Paterson, 165 Brayside Street respecting disposal of Fernie Street road allowance.

3. Municipal Amalgamation
Copy of correspondence sent to the Honourable Doug Ford, Premier, from the Township of McKellar respecting "municipal amalgamation".

A Motion by Councillor Row and Seconded by Councillor Crevits that correspondence received from the Township of McKellar and from the Township of Papineau-Cameron respecting municipal amalgamations be supported be supported. Motion Carried.

4. Port Stanley Main Beach
Copy of report for Blue Flag Control Visit

5. Flood Victims - Ottawa Valley & Great Lakes Watersheds
Copy of correspondence sent from Cheryl Gallant, Member of Parliament, Renfrew-Nipissing-Pembroke respecting flood victims in the Ottawa River and Great Lakes watersheds.

6. Port Stanley Community Policing Committee
Copy of minutes from Port Stanley Community Policing Committee meeting dated June 11, 2019.

7. Gas Well Issues
Copy of correspondence received from the County of Norfolk respecting "Request for Provincial Response to address Gas Well Issues".

8. Proposed Draft Plan of Subdivision
Notice of Complete Application received from County of Elgin respecting Craigholme Estates Ltd., 34T-CE1902, Part Lot 2, Concession 7

9. LPAT Case No. PL190101 - Norton Appeal
Notice of Case Management Conference date respecting Norton appeal to LPAT.

10. Celebrate Central Elgin
Copy of minutes from Celebrate Central Elgin meeting dated June 27, 2019.

11. Municipal Amalgamations
Copy of correspondence sent to the Honourable Doug Ford, Premier, from the Township of Papineau-Cameron respecting municipal amalgamations.

12. ROMA
Copy of "The Rural Ontario Institute's Focus on Rural Ontario 2018 Fact Sheet Series

13. 11th Annual Warden's Charity Golf Tournament
Correspondence received from Warden Duncan McPhail thanking participants and sponsors for assisting with success of 11th Annual Warden's Charity Golf Tournament.

Reports

Central Elgin Planning Office

1. CEP 50-19 Application for a Consent No. E50/19 - Wiliam and Linda Sanderson, 46145 Sparta Line

A Motion by Councillor Fehr and Seconded by Deputy Mayor Marks that Report CEP 50-19 be received as information; And that Council has no objections to Land Division Consent Application E50/19 - Wiliam and Linda Sanderson, 46145 Sparta Line subject to the following recommended conditions:

  • approval of a minor variance application to deal with the deficient lot frontage for the severed lot;
  • the payment of cash-in—lieu of the dedication of 5% of the land for parkland purposes;
  • the proponent enter into a development agreement with the Municipality of Central Elgin to address administrative, technical and financial matters related to the development of the lot;
  • a copy of the reference plan be provided to the Municipality of Central Elgin;
  • and a drainage reassessment be done if necessary at the owners expense.

Motion Carried.

2. CEP 51-19 Application to Amend Village of Port Stanley By-law 1507 - The Corporation of the Municipality of Central Elgin - 191 Carlow Road (Port Stanley Harbour)

A Motion by Councillor Row and Seconded by Councillor Fehr that Report CEP 51-19 be received as information; And that direction be given by Council to prepare a site-specific draft amendment to the Zoning By-law in support of the proposed range of commercial/business and associated production uses on lands located at 191 Carlow Road, which may be legally described as Concession 1, Part of Lot 1 Plan 49, Lots 4 and 5 North Side of Smith Street, Lots 4 and 5 South Side George Street, Part of Lots 1 to 5, West Side of Water Street, Part of Lots 23 to 25, East Side of Beach Street West Pier, geographic Village of Port Stanley, now Municipality of Central Elgin; And further that a date for a public meeting be scheduled for Monday, September 23, 2019 at 7:20 p.m. in accordance with Ontario Regulation 545/06 as amended. The Motion was Carried.

3. CEP 53-19 Application for a Consent No. E52/19 - Leslie Louise Johnsen and Thea J. Johnsen, 179 Harrison Place

A Motion by Deputy Mayor Marks and Seconded by Councillor Fehr that Report CEP 53-19 be received as information; And that Council request Land Division application E52/19 Leslie Louise Johnsen and Thea J. Johnsen, 179 Harrison Place be deferred pending the following:

  • documentation to address the Natural Hazard and Natural Heritage policies of the Official Plan be provided;
  • documentation to assess if the easement will impact the development of the severed lot be provided;
  • and comments from the Physical Services Department, regarding the travelled portion of Brayside Street that encroaches on the severed lot and the existing house on the retained lot that encroaches on the Brayside Street right-of-way be provided.

Motion Carried.

4. CEP 54-19 Application for a Consent No. E59/19 - Stephen Ryder and Wendy Kipp, 496 Lower Spring Street

A Motion by Councillor Cook and Seconded by Deputy Mayor Marks that Report CEP 54-19 be received as information; And that Council has no objections to consent application E59/19 Stephen Ryder and Wendy Kipp, 496 Lower Spring Street with the recommended following conditions:

  • approval of a Zoning By-law amendment to permit residential use of the severed lot and recognize the existing deficient lot frontage for the retained lot;
  • the payment of cash-in-lieu of the dedication of 5% of the land for parkland purposes;
  • the proponent enter into a development agreement with the Municipality of Central Elgin to address administrative,technical and financial matters related to the development of the lot;
  • a copy of the reference plan be provided to the Municipality of Central Elgin;
  • and a drainage reassessment be done if necessary at the owners expense.

Motion Carried.

5. CEP 55-19 Application to Amend Village of Port Stanley By-law 1507 - Stephen Ryder and Wendy Kipp, 496 Lower Spring Street

A Motion by Councillor Fehr and Seconded by Councillor Crevits that Report CEP 55-19 be received as information; And that direction be given by Council to prepare a site-specific draft amendment to the Zoning By-law in support of the proposed residential use on lands associated with Elgin County Land Division Committee Severance Application E 59/19 located at 496 Lower Spring Street, which may be legally described as Part Lot 12 and Part Lake Beach, Registered Plan 160, geographic Village of Port Stanley, now Municipality of Central Elgin; And further that a date for a public meeting be scheduled for Monday, September 23, 2019 at 7:10 p.m. in accordance with Ontario Regulation 545/06 as amended. The Motion was Carried.

Chief Administrative Officer

1. CAO 43-19 July 2019 Monthly Building Report

A Motion by Councillor Row and Seconded by Deputy Mayor Marks that Report CAO 43-19 July 2019 Monthly Building Report be received as information. Motion Carried.

Director of Physical Services

1. PW 36-19 RED Program

The Province of Ontario recently announced the next intake to the Rural Economic Development (RED) program. The grant application intake commenced July 29th and closes on September 9th, 2019. The RED program is intended to provide funding to assist with economic development, by building community capacity, as well as assisting municipalities to diversify and growing local economies. This current program provides funding for two different streams:

  • 1. Economic Diversification and Competitiveness Stream: up to 50% of eligible project costs to a maximum of $150,000. Total Project Cost $300,000.
  • 2. Strategic Economic Infrastructure Stream: up to 30% of eligible project costs to a maximum of $250,000. Total Project Cost $583,000.

Council opted to put the full Sparta Reconstruction Project back on the table for funding which included the buried hydro lines that were cancelled at a previous meeting. Council agreed that it was worth it to try for funding which has a cut-off date of September 9th, 2019 which would then give the decision of whether Sparta gets buried hydro lines or not to the Province. Motion Carried.

Director of Financial Services/Treasurer

1. DFS 18-19 Concession Leases

A Motion was Carried awarding the Concession Leases to Nathan Smale owner of the Corner View Café.

Director of Fire Rescue Services/Fire Chief

1. FS 11-19 Monthly Alarm Activities Report (July/19)

A Motion was Carried receiving the Monthly Alarm Activities Report for July as information.

Site Plan Control Committee

1. Dr. Rajiv Bhatia, 7477 Sunset Road

A Motion by Councillor Cook and Seconded by Councillor Fehr that in the matter of an application by Dr. Rajiv Bhatia for approval of a plan of development to be located on lands known municipally as 7477 Sunset Road, in the Municipality of Central Elgin, That it be recommended that the said application be approved subject to the following conditions:

  • A. Compliance shall be made with all applicable zoning, building, fire, plumbing, sewer, drainage and health regulations;
  • B. Application subject to final approval by the Director of Physical Services.

Motion Carried.

By-laws

A Motion was Moved that By-law 2397, 2398, 2399, 2400, and 2401 be taken collectively. The Motions were read 1st, 2nd, and 3rd time and finally passed collectively.

1. By-law 2397
Confirmatory By-law

2. By-law 2398
Inter municipal Agreement for Joint Ownership of Fire Communication Equipment

3. By-law 2399
ZBA, 386 Edith Cavell Blvd.

4. By-law 2400
ZBA, 383 George Street

5. By-law 2401
Execute an Agreement with the City of London - Winter Control on Boundary Road

Public Notice

Resolutions

New Business

Closed Session - Council went into Closed Session at 2:56 P.M.

1. CS1 Closed Session Minutes

2. CS2 Labour Relations or Employee Negotiations (s.239(2)(d)) - Recruitment

3. CS3 Labour Relations or Employee Negotiations (s.239(2)(d)) - Hiring - Director of Asset Management & Development and Director of Infrastructure & Community Services

Adjournment


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