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Port Stanley News RSS Feed  News MTO Noise Exemption Rejected Again


by Francie Dennison

At their January 11, 2016 meeting Central Elgin Council again reject the MTO's application for an exemption to the Noise By-law No. 212 for the upcoming construction season, even though the application had been amended from the previous 24 hour exemption request.

CAO 77-15: Application for Exemption to the Noise By-law No. 212, as amended

The Ministry of Transportation of Ontario (MTO) requested this exemption to permit construction operations (pavement removal and paving operations) during extended daylight hours during the summer months on Highway 3, should the need arise, from May 1, 2016 to October 30, 2016.

By-law 212 currently prohibits the operation of any equipment in connection with construction between 8: 00 pm of one day to 6: 00 am of the next day in open space areas.

This application was originally submitted by the MTO on September 3, 2015 requesting exemption from May 1, 2016 to November 30, 2016 to permit overnight and early morning construction operations on Highway 3 and was rejected by Council on September 28, 2015 as it was not felt there was any need to disturb residential areas for 24 hour periods.

... there is no planned overnight work for the duration of this project. While this project can be accommodated within the current noise restrictions, this by-law exemption is being pursued primarily to allow the contractor the ability to make use of the extended daylight hours available in the summer months, and to extend the working hours should the need arise in order to complete daily activities ...

With a large subdivision located along this highway, Mayor Marr expressed the same concerns he'd expressed last time and wanted to turn down the application. Councillor Winkworth thought the MTO's proposal showed very poor planning to even make this request and that with better planning no noise exemption was necessary. In the end Council rejected the MTO noise by-law exemption request for a second time.


1. Building Permit Fee Review: Tunnock Consulting Ltd. will be in attendance to present "Municipality of Central Elgin Building Permit Fee Review". This man advised he would not be attending due to weather constraints. Council will reschedule this for another time.

Correspondence (Action)

1. Property Tax Assessment Appeal Process: Correspondence received from the County of Elgin respecting Property Tax Assessment Appeal Process.

Local treasurers have expressed interest in transferring the management of property assessment appeal consulting services to the County. In doing so, the local treasurers will continue to identifying possible property appeals that they wish to have challenged. Once they have identified these property assessment appeals, they would forward the property information to the County treasurer, who would then take the lead in managing the consultants through the appeal challenge process. The costs would continue to be shared 50/50 between the local municipality and the County.

Council passed a resolution approving "the County Treasurer take the lead role in managing the consulting firms during the property tax assessment appeal process, and bill the local municipality 50% of the incurred appeal costs."

2. L & PS Corridor:: Email correspondence received from St. Thomas, Economic Development, Corporation seeking support from Central Elgin respecting branding of L&PS Corridor.

Railway City Tourism is currently beginning the process of creating a branded experience of the L&PS Corridor. This will hopefully extend from downtown St. Thomas to Port Stanley and the waterfront. We are currently in the grant application process and are looking for a letter of support for this project.

Mayor David Marr saw this as a great opportunity to partner and council agreed to provide the requested letter of support. The corridor is aimed primarily at cyclists and runners.

3. Belmont Lions Club - February Events: Correspondence received from the Belmont Lions Club advising of three (3) upcoming events they are hosting in the Belmont Arena during the month of February.

Two of the events are fund raisers but the third event, their annual seniors night, is not. They requested "from council a display of generosity and a sign of respect to our elders by donating the rental of the hall for that night." In return the promised to publicly recognize council's contribution at the event.

Council had no objection to the requests subject to the payment of the non-profit rental fee.

Correspondence (for Council's Information)

  • Received collectively as information and filed
  • 1. Incineration Facilities: Correspondence received from the Municipality of Port Hope seeking support for their resolution regarding Incineration Facilities.
  • 2. Health Care - Rural Ontario: Correspondence received from Township of Killaloe-Hagerty-Rchards seeking support for their resolution for the Minister of Health and Long Term Care to reinstate incentives for physicians to practice in rural areas of Ontario.
  • 3. 2015 Rural Roadmap: The Path Forward for Ontario: Correspondence received from Ministry of Agriculture, Food and Rural Affairs respecting 2015 Rural Roadmap: The Path Forward for Ontario.
  • 4. Ontario Trillium Foundation: Correspondence received from Ontario Trillium Foundation advising of grant application approval respecting Active Communities.
  • 5. Small Communities Fund (SCF): Correspondence received from Ministry of Agriculture, Food and Rural Affairs respecting second intake of the Building Canada Fund - Small Communities Fund (SCF). The project CE had applied for was storm water management in the Lynhurst area. Councillor Crevits was annoyed by the lottery approach in getting one of these grants and was told the province has taken steps to address that complaint and are currently in the transitional stage.


CAO 1-16: "Bill 8" – the Public Sector and MPP Accountability and Transparency Act, 2014 (Don Leitch will provide a powerpoint presentation): As of January 1st, 2016 municipalities are now under the authority of the provincial Ombudsman, and this extends to all local boards such as the Port Stanley BIA. The Ombudsman’s office does not have the resources to investigate every single complaint but will most likely review classes of complaints (multiple complaints received about the same issue) and the municipality will be required to keep complete and accurate records. Failure to do so can lead to up to a $5,000 fine for the person responsible to keep those records (the staffer, not the municipality).

PW 02-16: Dexter Line Drains - Appointment of Engineer: Council appointed Jeff Dickson P. Eng. of RJ. Burnside Ltd. to prepare a report for a series of four (4) Municipal Drain outlets for the proposed Dexter Line Realignment under section 4 of the Ontario Drainage Act.

PW 03-16: Eames Municipal Drain Section 4 Petition - Drainage Engineer Appointment: Council rescinded the appointment of John Wiebe to complete and engineers report for the Eames Drain, and instead appointed Mr. Mark Hernandez P. Eng of Dillon Consulting Limited to undertake a report under Section 4 of the Ontario Drainage Act for the Eames Drain.


  • Taken and passed collectively
  • By-law 1963: Confirmatory By-law
  • By-law 1964: Development Agreement - Stracuzzi and McNeil, 127-7th Avenue
  • By-law 1965: Being a By-law to Establish a Pay Schedule for Student Employees
  • By-law 1966: Execute an Agreement with Ontario Trillium Foundation respecting Active Communities

1. Regular Meeting - February 22nd, 2016 - change of date due to Good Roads/ROMA Conference: meeting moved to February 29th, 2016.

New Business: None

Unfinished Business
1. Public Garbage Can Policy

Closed Session
CS1: A Proposed or Pending Acquisition or Disposition of Land (s.239(2)(c)) - Harding Smith Line Update

Last Updated: Tuesday, 12 January 2016 14:11:56 PM EST

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