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Port Stanley News RSS Feed  News Ownership of "Old Dexter Line"

by Doug Harvey
Ownership of Old Dexter Line

The Corporation of the Municipality of Central Elgin

The Planning Meeting Of Council On Monday, September 19th, 2016

Roll Call - Dan McNeil was absent until 7:40 P.M.

Disclosure of Pecuniary Interest and the General Nature Thereof - None Reported

(s) Correspondence (Action)

Correspondence (for Council's Information)

Reports

Central Elgin Planning Office

CEP 61-16 Application for a Consent No. E67/16 - Ed & Donna Ellis, 4781 Sunset Road - The applicants, through consent application E67116, are proposing to sever a lot with frontage of 30m along Sunset Road, a depth of 48m and an area of 1,440 square meters, containing one shed. it is proposed that the lands to be severed will be used for one new residential building lot The applicants are proposing to retain a lot with frontage of 39m along Sunset Road, a depth of 70m and an area of 2,730 square meters, containing one residential dwelling, one gazebo and one shed. It is proposed that the lands to be retained will continue to be used for residential purposes. Council had no objections, Carried.

CEP 63-16 Application for a Consent No. E70/16 - David Archibald Ferguson and Krista Colleen Ferguson - The applicants through consent application E70116, are proposing to sever a lot with frontage of 52.99m on Ron McNeil Line, and an area of 3,974.4 square meters, containing one house. It is proposed that the lands to be severed will be used for rural residential purposes. The applicants are proposing to retain a lot with frontage of 553.95m on Ron McNeil Line and an area of 40.38ha, containing one barn. It is proposed that the lands to be retained will continue to be used for agricultural purposes. Council had no objections, Carried.

Chief Administrative Officer

CAO 53-16 Dexter Line (County Road 24) Relocation

County Rood 24 Naming
The County of Elgin is currently constructing County Road 24 to the north of the existing road alignment due to the threat of Lake Erie erosion on the existing road. The relocation has resulted in the need for naming the roads affected by the relocation. Staff is recommending that the new portion of County Road 24 be named Dexter Line as the new road will be a continuation of Dexter Line and County Road 24 to the west and east. As a result, the existing Dexter Line will require a new name. Staff is recommending "Old Dexter Line" as the name for this section of road. - Council followed the Staff Recommendation and the Resolution was Carried.

Ownership of "Old Dexter Line"
It has been the past practise of the County of Elgin that when it has relocated a County road away from the Lake Erie shore because of erosion, the ownership of the old County road is transferred to the lower-tier municipality. For example, Central Elgin's Harding Smith Line was originally a County road but the ownership of Harding Smith Line was transferred to the then Township of Yarmouth when a new County Road 24 was constructed to the north. With the transfer of ownership comes maintenance and capital costs for the lower-tier municipality, but perhaps more significantly, the environmental assessment cost of closing the transferred road and constructing a new road to provide access to affected properties, if necessary. For example, the Municipality has incurred over $400,000 in net costs to acquire properties to enable the Municipality to close Harding Smith Line when it is no longer safe for travel.

During the County Road 24 ( Dexter Line) Class Environmental Assessment both Central Elgin and the Township of Malahide had submitted comments indicating that the remnant portion of the County Road "Old Dexter Line" should not be transferred to the lower-tier municipalities because of the significant costs being transferred to these municipalities.

After a lengthy discussion about the responsibilities and costs incurred if ownership of the "Old Dexter Line" was transferred to Central Elgin, Council passed a resolution stating that it is opposed to the transfer of "Old Dexter Line" from the County to the Municipality.

Part of Yarmouth - Malahide Townline Road Allowance
The relocated portion of County Road 24 crosses the unopened Yarmouth-Malahide Townline road allowance. The western half of the unopened road allowance is owned by the Municipality of Central Elgin. As a housekeeping matter, the County is requesting that Central Elgin transfer its portion of the Townline road allowance to the County so that the entire County Road 24 road allowance is in the County's ownership. It will be necessary for Council to pass a by-law to authorize the execution of the transfer documents.

Director of Physical Services

By-laws- Moved by Fiona Roberts and Seconded by Harold Winkworth that by-laws 2062, 2063 be taken collectively. No discussion followed, the Motions were read 1st, 2nd, 3rd time. David Marr commented on the fact that the new part of Dexter Line can not open until By-law 2063 gets passed by Council and we have to do that. He also said that the acceptance for this was voted on at County Council and was passed, but that he voted against it for the reasons of responsibilities and costs that would be incurred if ownership of the "Old Dexter Line" was transferred to Central Elgin. That was me making a point, he said and that we as Council, if needed, we could refuse to transfer ownership, but then, we would be into a fight, a fight not worth fighting. And finally passed collectively.

By-law 2062 Confirmatory By-law.

By-law 2063 Being a By-law to Transfer Land from the Municipality of Central Elgin to the County of Elgin - Dexter Line.

Public Notice

Resolutions

New Business

Unfinished Business

Closed Session - Council went into Closed Session at 7:53 PM

CS1 Personal Matters about an Identifiable Individual (s.239(2)(b)) - Citizen Achievement Awards

Adjournment


Last Updated: Tuesday, 20 September 2016 13:39:33 PM EST

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