The Corporation of the Municipality of Central Elgin
Regular Meeting Of Council On Monday, April 8th, 2019
Roll Call - All present.
Disclosure of Pecuniary Interest and the General Nature Thereof
Deputy Mayor Marks had an interest in CS3 Personal Matters about an Identifiable
Individual (s.239(2)(b)) - ERTH Director as he is on the board.
Adoption of Minutes - No minutes to adopt.
Emergency Communications Repeater & Antenna Worth Chisholm, Amateur Radio
Emergency Service, Emergency Communications Coordinator, County of Elgin & City
of St. Thomas was in attendance to discuss a proposal for a standby Emergency Communications
Repeater and Antenna to be placed in and on the Port Stanley Water Tower.
Worth Chisholm VE3BTC the Amateur Radio Emergency Service Emergency Communications
Coordinator for the County of Elgin and the City of St. Thomas was proposing to
install a standby Emergency Communications Repeater and Antenna to be placed in
and on the Port Stanley Water Tower. Mike Koch and Brad Seaward members of the Elgin
Amateur Radio Society were also on hand to assist in the proposal and would be part
of this free service.
During the Star X Emergency exercise conducted a year and a half ago in and around
Port Stanley it was determined that issues with shoreline coverage were present
and another site could assist with emergency shoreline coverage. All equipment
would be provided free of charge and the repeater and antenna could be installed
at little or no cost to the Municipality.
The repeater would be activated in a declared emergency as directed by the CEMC
Fire Chief Chris McDonough to supplement the Municipal/County Emergency Communications
system as needed. The repeater would provide complete emergency backup communication
coverage to Central Elgin as well as the County of Elgin and City of St. Thomas
and act as a standby unit to an existing full coverage repeater VE3MMX located in
Lloyd Perrin indicated that he could support this project as long as the equipment
would not interfere with any existing equipment or operations and that any access
to the Port Stanley Water Tower would be supervised at all times by municipal staff.
A Motion moved by Councillor Roberts and seconded by Councillor Fehr that Council
support in principal the placement of a standby repeater and antenna in the Port
Stanley Water Tower as presented by members of the Elgin Amateur Radio Emergency
Service subject to the Director of Physical Services obtaining clearances from Spectrum
Communications. The Motion was Carried.
Thames Valley District School Board Notice of Facility Collaboration and
A Motion moved by Councillor Cook and seconded by Deputy Mayor Marks that email correspondence
received from the Thames Valley District School Board respecting facility collaboration
and co—build opportunities be received as information. The Motion was Carried.
Development in Port Stanley Email correspondence received from Al Slater,
212 Oak Street, Port Stanley requesting a time limited moratorium on new development.
Email correspondence received from Al Slater
Dear Mayor Martyn, Deputy Mayor Marks, Councillor Row and Councillor Crevits, (and
copied to Dan Ross, President of the PSVA and Nigel Howcroft, Vice President of
I attended the Domus public meeting concerning its development proposal for East
Rd. on March 26 at the PS arena. The session was well attended. I do thank you for
your attention to the attendees and their questions and concerns.
During the session, it became apparent to me that the same issues continue to emerge
concerning development in and around Port Stanley. These major concerns include:
- the need for a comprehensive long term planning,
- traffic and transportation,
- extent of green space /parkland allocated,
- affordable housing,
- benefits and limitations to the community of the new developments,
- the speed and extent of development.
I am aware of at least three other development proposals being considered by developers
in and around Port Stanley.
Consequently, I would ask the Mayor and Council to consider placing a time limited
moratorium on new development proposals in and around Port Stanley (and possibly
in other wards) until the Official Plan is reviewed and renewed, the Harbour Secondary
Plan is finalized, and the by-laws updated accordingly.
Mayor Martyn indicated that there was two options for this item. The first was to
receive this as information and file it, or ask for legal advice on what we could
Mr. Leitch commented that under the Planning Act there is mechanism called "Term
Control" where Council can enact a by-law which can prevent the development of lands.
In order for such a by-law to be passed, Council must be doing a study. It would
be a very significant action to be passing an interim by-law. The Supreme Court
of Canada talks about such a measure as being a extraordinary powerful zoning tool
which would take property rights away, not something to be done lightly. The court
said that it was for unforeseen issues arising from existing zoning permissions that
would grant the Municipal a breathing space to carry out a study, or put in place
policies or controls to deal with an unforeseen situation. Looking at that criteria,
Council would have to determine if that situation actually exists. Mr. Slater's letter
talks about the Official Plan, and after listening through many Public Meetings
stating that we don't have a plan. We do have a plan, an Official Plan that was
adopted by Council. It went through significant consultation, so there is a long
term plan that covers Central Elgin. A number of the lands that have been subject
to recent Sub-Division Applications have been planned for residential development
for over 30 years. So there has been long-term planning for those lands included
in the settlements areas. There is always the risk from unforeseen property owners
being affected, so any by-law would have to be applied with precision to make sure
that only the selected properties were under control. Because there are extraordinary
requirements to be fair and applicability of the by-law that if Council was even
thinking that there was any merit at all in Mr. Slater's suggestion that it would
be suggested that Council seek planning and legal advice to determine what legally
could be subject to in a by-law and what studies might apply in this situation and
the cost to do that. Legal costs could cost several thousand dollars to see if that
extraordinary situation actually exists in Central Elgin. The by-law could be passed
for one year with a possible extension for an extra year. The courts could be involved
if any unfair action has taken place.
A Motion moved by Councillor Roberts and seconded by Deputy Mayor Marks that correspondence
received from Al Slater, 212 Oak Street, Port Stanley requesting a time limited
moratorium on new development be received as information and filed. The Motion was
Alcohol and Gaming Commission of Ontario Special Occasion Permit request
from Sharon Cousins for Elvis Tribute Artist Gino Monopoli - May 10, 2019 @ Belmont
Arena & Community Centre
A Motion moved by Councillor Crevits and seconded by Councillor Cook that Council
has no objections to a request from Sharon Cousins for a Special Occasion Permit
regarding a public Elvis Tribute event scheduled for Friday May 10, 2019 at the
Belmont Arena & Community Centre from 6 pm to 1 am; And further that Council direct
and authorize municipal staff to sign the municipal information form required
by the Alcohol and Gaming Commission of Ontario. The Motion was Carried.
Alcohol and Gaming Commission of Ontario Notice of Application for a Liquor
Sales Licence - Kettle Creek Inn, 216 Joseph Street (outdoor areas)
A Motion moved by Deputy Mayor Marks and seconded by Councillor Row that Council
has no objections to a request by the Kettle Creek Inn, 216 Joseph Street, Port
Stanley for an extension to their existing Liquor Sales Licence to include outdoor
areas; And further that Council direct and authorize municipal staff to sign the
municipal information form required by the Alcohol and Gaming Commission of Ontario.
The Motion was Carried.
Correspondence (for Council's Information)
A Motion moved by Councillor Crevits and seconded by Councillor Cook that Correspondence
for Council's Information Items #1 - #5 inclusive be received as information and
filed. The Motion was Carried.
Heritage Central Elgin Copy of Heritage Central Elgin Minutes from meeting
dated March 27, 2019.
County of Elgin Copy of Council Highlights from the County of Elgin meeting
dated March 26, 2019.
LPAT - Norton Zoning By-law Appeal, 44570 Edgeware Line Correspondence received
from Environment and Land Tribunals Ontario, Local Planning Appeal Tribunal, acknowledging
receipt of the zoning by-law appeal for Larry and Lisa Norton, 44570 Edgeware Line
County of Elgin Land Division Committee Notice of Decision - County of Elgin
Land Division Committee respecting E15/19, Derrig & Contardo
Township of Malahide Committee of Adjustment Decision - Darcy Taylor, 49364
Chief Administrative Officer
Director of Physical Services
PW 16-19 Financial Plans for Central Elgin Water Systems
Report The Municipal Drinking Water Licensing Program requires owners of
water systems to renew their Drinking Water License every 5 years. Part of the Drinking
Water License Renewal process includes submission of up to date Financial Plans
that must apply to a period of at least six years including the renewal year. The
current Drinking Water License for the Municipality of Central Elgin expires in
August of 2019.
Ontario Regulation 453/07 outlines items that are to be included in the Financial
Plans such as total financial assets, total liabilities, net debt and capital assets
to name a few. Watson & Associates has prepared the Financial Plans that covers
all Central Elgin owned water systems. Watson & Associates utilized the data from
the previously approved Central Elgin Water/Wastewater Rate study as the basis for
the Financial Plans.
Conversation included the replacement of residential water meters. Lloyd Perrin
commented that replacing residential water meters will more accurately measure actual
residential water volumes used. Over time as these residential water meters age
each unit becomes less effective at measuring water volumes used and offers lower
readings that do not reflect all the water used. At last weeks Public Engagement
Session there was a resident who recently had his water meter replaced and was commenting
on how his water bill had gone up 30%. That is not an uncommon thing. The Municipal
Drinking Water Licensing Program is in place to ensure that all Central Elgin owned
water systems are self-sustainable, offering full cost pricing, for full cost recovery
from the water rates and that is what the financial plans show.
A Motion moved by Deputy Mayor Marks and seconded by Councillor Fehr that Council
of the Corporation of the Municipality of Central Elgin receives and approves the
Financial Plans for the Central Elgin Water Systems by resolution as required by
Ontario Regulation 453/07 as per Report PW 16-19. The Motion was Carried.
PW 17-19 Hofhuis Park Concept Steering Committee
At the January 14th, 2019 Council received correspondence from the Port Stanley
Village Association (PSVA)seeking support from Council to allow for the PSVA to
raise funds for the installation of sail style sun protection awnings in Hofhuis
Subsequent to the January 14th, 2019 Council meeting staff have been approached
by representatives of the PSVA asking for the plans of Hofhuis Park so that they
could work with a local resident who is also a Landscape Architect in an effort
to develop concept plans for Hofhuis Park. The Landscape Architect is Mr. Ron Koudys
and he owns his own firm in London. We would note that Mr. Koudys’ firm has worked
for the municipality on a previous project and the municipality was provided with
an excellent service as well as an excellent product. We have dialogued with Mr.
Koudys to gauge his thoughts on the potential of working with a steering committee
comprised with representatives of the PSVA as well as with Council members and Central
Elgin staff. Mr. Koudys believes that would be a very positive way of proceeding
from the perspective that the municipality's interests would be considered as well
as those from the PSVA. Staff are of the opinion that this collaborative approach
would be more productive and would make better use of everyone’s time.
From a financial perspective, Mr. Koudys was prepared to do a minimal amount of
work with the PSVA "pro—bono". After speaking with Mr. Koudys he is prepared to
still do that if Council elected to proceed with a steering committee to review
options. This phase of the work would be relatively scoped to include a hierarchy
of use for the park which will provide a "shopping list" of items that could be
used to enhance the uses that are contemplated in the park. Once this work is completed
it would be appropriate for the next phases of the work be undertaken and paid for.
This work would include more detailed design options and concepts and finalizing
of a design plan with construction drawings prepared.
Councillor Roberts commented that a Port Stanley resident was wondering if public
input would be open to other Port Stanley Groups, service clubs to have a say on
what happens in the park or was it open to only the PSVA. She said she did not know
what to tell them. Mr. Leitch confirmed that public input was open to anyone that
wished to participate. Mayor Martyn commented that this motion was about a previous
offer from the PSVA for the installation of sail style sun protection awnings in
for Hofhuis Park.
(Editor's Note) - How installation of sail style sun protection awnings for
Hofhuis Park can turn into 2 members of the Port Stanley Village Association on
a steering committee to provide options and concepts for the future development
of Hofhuis Park does not seem to some how translate into real open community public
A Motion moved by Councillor Roberts and seconded by Councillor Crevits that Council
of the Corporation of the Municipality of Central Elgin receives Report PW 17-19
as information; And that Council support establishing a steering committee to comprised
of 2 members of the Port Stanley Village Association, 2 members of Council being
Deputy Mayor Marks and Councillor Row, and the Director of Physical Services and
CAO as support to the committee to provide options and concepts for the future development
of Hofhuis Park as per Report PW 17-19. The Motion was Carried.
Director of Financial Services/Treasurer
Director of Fire Rescue Services/Fire Chief
A Motion moved by Councillor Crevits and seconded by Councillor Roberts that By-laws
2350, 2351, 2352, 2353, 2355, 2356 and 2357 be taken collectively. The Motions were
read 1st, 2nd, and 3rd time and finally passed collectively.
By-law 2350 ZBA - Richard, 45990 Sparta Line
By-law 2351 ZBA - Dukelow, 382A Edith Cavell Blvd.
By-law 2352 Removal of "H" Symbol - Land Rise Developments
By-law 2353 Confirmatory By-law
By-law 2355 Regulate Use of Lands - St. Thomas Municipal Airport
By-law 2356 Designate a Property Known Municipally as 467 Sunset Drive (former
St. Thomas Psychiatric Hospital) to be of Cultural Heritage Value or Interest
By-law 2357 Transfer of Park Ave. to City of St. Thomas
2019 Budget - Notice of Council's Intention to Adopt Municipal Budget for
Take notice that pursuant to the provisions of Section 251 of the Municipal Act,
2001, and By—law No. 972 as amended of The Corporation of the Municipality of Central
Elgin, the Council of The Corporation of the Municipality of Central Elgin intends
to pass by-laws to adopt the 2019 Budget for the Municipality, including sanitary
sewage and water services, at its regular meeting of Tuesday, April 23rd, 2019 at
7:30 pm in the Council Chambers of the Elgin County Administration Building, 450
Sunset Drive, Municipality of Central Elgin.
And further take notice that Council shall hear at the said meeting any person,
or by his/her counsel, solicitor or agent, who wishes to make representation respecting
the proposed budgets. The Council shall only hold such hearing for applications
received by the Chief Administrative Officer/Clerk or the Deputy Clerk on or before
Wednesday, April 17th, 2019.
Councillor Fehr commented on the lack of parking at the Kettle Creek Villa property
in Port Stanley and was looking for staff input for options for increasing parking
spaces for tenants.
Mayor Martyn commented on the Tree Planting Workshop that the Municipality is having
again this year on Saturday April 27th, 2019 from 10 am to noon at Lawton Park.
Closed Session - Council went into Closed Session at 8:43 P.M.
1. CS1 Litigation or Potential Litigation (s.239(2)(e)) and/or Solicitor-Client Privilege
(s.239(2)(f)) - 146-156 William Street, OMB Appeal - Prespa Construction Ltd.
2. CS2 Litigation or Potential Litigation (s.239(2)(e)) and/or Solicitor-Client Privilege
(s.239(2)(f)) - 44570 Edgeware Line, LPAT Appeal, Norton
3. CS3 Personal Matters about an Identifiable Individual (s.239(2)(b)) - ERTH Director
(deferred from March 25)
4. CS4 A Position, Plan, Procedure, Criteria or Instruction to be applied to any
negotiations carried on or to be carried on by or on behalf of the Municipality
or local board - 467 Sunset Drive