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Port Stanley News RSS Feed  News Regular Meeting Of Council On Monday, August 28th, 2017

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by Doug Harvey
Regular Meeting Of Council On Monday, August 28th, 2017

The Corporation of the Municipality of Central Elgin

Regular Meeting Of Council On Monday, August 28th, 2017

Roll Call - Harold Winkworth was absent.

Disclosure of Pecuniary Interest and the General Nature Thereof - Fiona Roberts had an interest in Action items concerning the Legion as she is a member.

Adoption of Minutes

Minutes of the Regular/Planning Meeting of Council dated Monday, July 24, 2017 were adopted.

Delegations

1. HUB - HUB Representatives were in attendance to discuss concerns about the future of the HUB building in Belmont and provided some background on the integral role the HUB has in the community. The HUB is really the Heart of Belmont as it provides a variety of events and services to all ages in the community, including a Lawyer once a week. The building is available to rent at an affordable rate of $15.00 an hour, and is used for meetings, birthday parties, classes, and even a church on Sunday mornings.

Someone came in and did an estimate on repairs to the building. We need a new roof, a new air conditioner, a new furnace, and they said that there is some mould issues. We got estimates ourselves to replace the roof with a metal roof, replace the air conditioner, and furnace for $15,000. Central Elgin also made estimates which also included mould removal at a total cost between $40,000 and $55,000. These huge differences in costs are not affordable, and using the arena is not an affordable alternative, plus does not provide any storage space for all the activities that the HUB currently offers. Even if we could afford the arena, there is no storage space. If we lose the HUB, we will have nothing.

Fiona Roberts commented that by pushing rates for our community centre higher, that now, the community centre is unaffordable to the community it serves. So what's the purpose of being there? We have a very large space in the community centre, not only in Belmont but also in Port Stanley that we should re-purpose.

Sally Martyn was in favour of fixing the HUB building, while Dan McNeil said that the HUB building outcome was to be decided in closed session, and that he was in favour of making community use of community facilities more affordable. If we drive people out, groups like the Over 55 Club in Port Stanley, it's a huge loss for the community.

Mayor Marr concluded that additional dialogue would be needed to fully understand the right course of action to be taken and that further meetings would take place.

2. Edward Street Parking - Nigel Howcroft was in attendance to discuss parking issues/concerns on Edward Street, and to request that (a) Edward Street be designated as a "no parking" street and (b) appropriate signage be erected by Central Elgin for that purpose and enforced.

Fire Chief, Chris McDonough, who attended on site and after consideration supports the proposal for a no parking zone on Edward Street to allow proper access for Fire Trucks and Emergency Vehicles for safety reasons.

3. West Edith Cavell Blvd. - Parking - Sandra Carson, 571 West Edith Cavell Blvd., was in attendance to discuss challenges with parking on West Edith Cavell Blvd. She commented that these issues have become a larger concern over the last few years as paid parking has been instituted and has erupted into safety concerns. People think that they can park anywhere on our road, and recently our one lane road was completely blocked resulting in a call to the OPP. She also suggested that the West Edith Cavell Blvd. portion that is one lane be designated as a fire route no parking zone to allow proper access for Fire Trucks and Emergency Vehicles for safety reasons.

Mr Leitch commented that a fire route by-law is being developed and would be presented at the next meeting of Council. As a possible solution for one lane roads in Port Stanley, a fire route no parking by-law could be enforced by Municipal staff, and could be in place by next year if passed. There is also in the 2018 Capital Works Budget a development of additional parking at Erie Rest Beach area for Council to consider for next year.

Correspondence (Action)

1. Remembrance Day Parade - Last Post Branch 410, Port Stanley
Correspondence received from Royal Canadian Legion, Last Post Branch 410, Port Stanley seeking permission for annual Remembrance Day Parade scheduled for Sunday, November 5th, 2017.

A Motion moved by Dennis Crevits and seconded by Dan McNeil 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, Port Stanley, to hold the annual Remembrance Day Parade on Sunday, November 5, 2017 subject to the following conditions; that organizers provide liability insurance in the amount of $5,000,000 naming the County of Elgin and the Municipality of Central Elgin as co-insured and held harmless, and the final schedule and location of the events be approved by the Director of Physical Services and approval be obtained from the County of Elgin regarding the temporary closure of Bridge Street for the parade. Mayor Marr indicated that the insurance for these types of events is now directly covered by the Municipality. The Motion was Carried.

2. Poppy Distribution Volunteer - Port Stanley Arena
Correspondence received from the Royal Canadian Legion Branch 410, Port Stanley seeking permission to allow the Legion to have a Poppy Distribution Volunteer canvas at the Port Stanley Arena Friday, October 27th and Saturday, October 28th, 2017.

A Motion moved by Sally Martyn and seconded by Dan McNeil 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, Port Stanley, to allow the Legion to have a Poppy Distribution Volunteer canvas outside the Port Stanley Arena on Carlow Road on Friday, October 27th between the hours of 4:00 P.M. and 7:00 P.M. and Saturday, October 28th, 2017 between the hours of 9:00 A.M. and 4:00 P.M. The Motion was Carried.

Correspondence (for Council's Information)

- The Motion that Correspondence for Council's Information Items #1 - #12 excluding Item #4 and Item #7 be received as information and filed was put forward by Stephen Carr and seconded by Fiona Roberts. The Motion was Carried.

1. PSVA - New Horizons for Seniors program
Correspondence received from PSVA respecting status of their application to the Federal Government New Horizons for Seniors (NHSP) program.

2. Township of Malahide - New Comprehensive Zoning By-law
Notice of Statutory Open House & Public Meeting - Township of Malahide - New Comprehensive Zoning By-law

3. Bill 68 - Modernizing Ontario's Municipal Legislation Act, 2017 - recent changes
Correspondence received from the Ministry of Municipal Affairs regarding recent changes to the Municipal Elections Act, 1996 under Bill 68 (Modernizing Ontario's Municipal Legislation Act, 2017).

4. Changes to Employment Standards Act - Economic Impact Analysis
Copy of correspondence sent to The Honourable Kathleen Wynne, Premier of Ontario, from the City of Owen Sound respecting Economic Impact Analysis.

A Motion moved by Sally Martyn and seconded by Fiona Roberts that correspondence received from the City of Owen Sound, respecting a request from the Ontario Chamber of Commerce for an Economic Impact Analysis be supported. The Motion was Carried.

5. OMB Hearing - COA 04-17, 156 Wintermute Court
Correspondence received from Environment and Land Tribunals Ontario advising that OMB hearing for Case Number PL170560 - COA 04-17, 156 Wintermute Court has been adjourned.

6. County of Elgin - Land Division Committee
Notice of Decisions received from the County of Elgin Land Division Committee respecting E37/17, Lynn William Phoenix and E48/17 respecting Randy Brown. E37_17 - Notice of Decision - Phoenix - 43190 Sparta Line E48_17 - Notice of Decision - Brown - 42519 Shorlea Line

7. Bill 141 - Sewage Bypass Reporting Act, 2017
Correspondence received from Sylvia Jones, MPP, regarding Bill 141 - Sewage Bypass Reporting Act, 2017.

A Motion moved by Sally Martyn and seconded by Fiona Roberts that correspondence received from Sylvia Jones, MPP, Dufferin-Caledon regarding Bill 141 - Sewage Bypass Reporting Act, 2017 be supported. The Motion was Carried.

8. Potential New Edition of the Building Code
Copy of correspondence received from Ministry of Municipal Affairs & Housing respecting Consultation for Potential New Edition of the Building Code.

9. Lakeview Pizza - 115 William Street
Copy of written notification from Cindy Tighe & Ken Rae, Lakeview Pizza, that they will be vacating the premises of 115 William Street by September 30, 2017.

10. Thames Valley District School Board
Correspondence received from Matt Reid, Chair of the Board, TVDSB, respecting enacting the Elementary Accommodation Review recommendations.

11. BIA Board of Management
Copy of BIA Board of Management meeting minutes dated July 13, 2017.

12. Lieutenant Governor's Ontario Heritage Awards
Correspondence received from Ontario Heritage Trust advising of the Lieutenant Governor's Ontario Heritage Awards.

Reports

Central Elgin Planning Office

CEP 39-17 - Application for a Consent No. E56/17 - Beverley Douglas Jenken and Steven Douglas Jenken, 45590 Thomson Line, Concession 14, East Part of Lot 15

A Motion moved by Stephen Carr and seconded by Sally Martyn that the Council of The Corporation of the Municipality of Central Elgin has no objections to Consent Application No. E56/17 - Beverley Douglas Jenken and Steven Douglas Jenken, 45590 Thomson Line, Concession 14, East Part of Lot 15 subject to the following conditions:

  • the severed land be merged with 45570 Thomson Line;
  • that Subsection 3 or 5 of Section 50 of the Planning Act, R.S. O., 1990, as amended shall apply to any subsequent conveyance or transaction involving the subject lands;
  • the Solicitor for the applicant is to provide an undertaking, whereby he/she informs the Committee in writing, that the lands are being conveyed to an abutting property owner and thus a merger of title will take place, which merger shall include all interests held inclusive or mortgagees interest;
  • the Municipality of Central Elgin be provided with a copy of the Reference Plan;
  • and a drainage reassessment be done if necessary at the owners expense.
The Motion was Carried.

CEP 41-17 - Application to Amend Village of Belmont By-law 91-21 - Linda Easton and Carol Landon, Canterbury Place, Community of Belmont

A Motion moved by Fiona Roberts and seconded by Dan McNeil that Report CEP 41-17 be received; And that direction be given by Council to prepare a site-specific draft amendment to the Zoning By-law to permit residential use on lands located on Canterbury Place, which may be legally described as Part of Lot 32, Plan 231, geographic Village of Belmont, now Municipality of Central Elgin; And further that a date for a public meeting be scheduled for Monday, September 25th, 2017 at 7:20 p.m. in accordance with Ontario Regulation 545/06 as amended.

The Motion was Carried.

CEP 42-17 - Application for a Consent No. E60/17 - Ilija and Mara Prskalo, 42405 Southdale Line, Plan 262, Part Lot 1

A Motion moved by Sally Martyn and seconded by Stephen Carr that the Council of The Corporation of the Municipality of Central Elgin has no objections to Consent Application No. E60/17 - Ilija and Mara Prskalo, 42405 Southdale Line, Plan 262, Part Lot 1 subject to the following conditions:

  • approval of a minor variance application to bring the retained lot into conformity with the Zoning By-law;
  • the severed land be merged with the abutting lands to the south;
  • that Subsection 3 or 5 of Section 50 of the Planning Act, R.S. O., 1990, as amended shall apply to any subsequent conveyance or transaction involving the subject lands:
  • the Solicitor for the applicant is to provide an undertaking, whereby he/she informs the Committee In writing, that the lands are being conveyed to an abutting property owner and thus a merger of title will take place, which merger shall include all interests held inclusive or mortgagees interest;
  • the Municipality of Central Elgin be provided with a copy of the Reference Plan;
  • and a drainage reassessment be done if necessary at the owners expense.

The Motion was Carried.

CEP 43-17 - Draft Plan of Condominium Application - Dan Salhani, 204 Main Street

A Motion moved by Stephen Carr and seconded by Fiona Roberts that Report CEP.43.17 be received; And that Council has no objections to an exemption of the description of draft plan of condominium application, File No. 34CD-CE1702, Dan Salhani, 204 Main Street pursuant to Subsection 9(7) of the Condominium Act, to those parts of Sections 51 and 51.1 of the Planning Act that would normally apply to such application.

The Motion was Carried.

CEP 44-17 - Application for Draft Plan of Condominium Approval - Robin Ridge Estates, 14168 Belmont Road, Community of Belmont

A Motion moved by Dennis Crevits and seconded by Sally Martyn that Report CEP.44.17 be received; And further that Council approve the attached municipal draft plan conditions to be forwarded to the Manager of Planning for the County of Elgin with a request that they be included in the County's decision on the proposed Draft Plan of Condominium File No. 34CD-CE1701 Robin Ridge Estates, 14168 Belmont Road, Community of Belmont.

The Motion was Carried.

CEP 45-17 - Application to Amend Township of Yarmouth By-law 1998 - Doug Tarry Limited, Kemsley Subdivision Lands

A Motion moved by Dennis Crevits and seconded by Stephen Carr that Report CEP.45.17 be received; And that direction be given by Council to prepare a site-specific draft amendment to the Zoning By-law to implement a proposed draft plan of subdivision on lands which may be legally described as Part of Lots 2 & 3, Concession 6, and Part of Lots 1 & 2, Registered Plan 263, geographic Township of Yarmouth, now Municipality of Central Elgin; And further that a date for a public meeting be scheduled for Monday, September 25th, 2017 at 7:05 p.m. in accordance with Ontario Regulation 545/06 as amended.

The Motion was Carried.

CEP 47-17 - Application for Draft Plan of Subdivision Approval - Doug Tarry Limited, Kemsley Development Area

A Motion moved by Stephen Carr and seconded by Sally Martyn that Report CEP.47.17 be received; And that Council, support in principle the proposed Draft Plan of Subdivision, File No. 34T-CE1702, on lands owned by Doug Tarry Limited, which lands may be legally described as Part of Lots 2 & 3, Concession 6, and Part of Lots 1 & 2, Registered Plan 263, Geographic Township of Yarmouth, now Municipality of Central Elgin; And that the CAO-Administrator be directed to prepare draft comments on behalf of the Municipality respecting technical, financial and administrative matters relative to Draft Plan of Condominium 34T-CE1702; And further that a date for a public meeting be scheduled for Monday, September 25th, 2017 at 7:05 p.m. in accordance with Ontario Regulation 545/06 as amended.

The Motion was Carried.

Chief Administrative Officer

CAO 55-17 - July 2017 Monthly Building Reports

A Motion moved by Dennis Crevits and seconded by Fiona Roberts that the Council of The Corporation of the Municipality of Central Elgin receive Report CAO 55-17 July 2017 Monthly Building Reports as information.

The Motion was Carried.

CAO 57-17 - Sign By-law

A Motion moved by Stephen Carr and seconded by Dennis Crevits that the Sign By-law Steering Committee be authorized to schedule public open houses with stakeholders, including portable sign companies, real estate agents, the St. Thomas and District Chamber of Commerce, and the Port Stanley Business Improvement Association.

The Motion was Carried.

CAO 58.17 - Dalewood Conservation Area - Water Service and Billing

Background: The water service for the Dalewood Conservation Area on Dalewood Road is located on Water Tower Line. A chamber containing a water meter is located on Water Tower Line approximately 400 metres west of Dalewood Road. The current servicing arrangement is a unique situation, as in every other known case in the municipality, the water meter is located on private property, either inside a building or in a chamber on private property. The repair and maintenance of water services on the road allowance is the responsibility of the Municipality. The repair and maintenance of water services on private property rests with the private property owner. When a leak occurs before a water meter, the cost of the lost water is born by the system. Where a leak occurs after a water meter, the consumer is responsible for the water consumed.

In the fall of 2016, a leak developed in the water service on municipal property after the water meter for the Dalewood Conservation Authority. The Municipality has repaired the leak in the service on Municipal property. Normally, the consumer would be responsible for paying the water bill for the water lost to the leak, but the leak would be on private property in all other instances. Due to the unique situation, staff is seeking direction from Council respecting the outstanding bill of $9,645.91 (November 2016). Council has three options:

  • 1. Not Waive Bill - The KCCA would be responsible for the full bill with outstanding interest and/or penalty.
  • 2. Waive Part of the Bill - The Municipality could waive charges related to consumption of water exceeding the volume used for the same time period in the previous year, 2015.
  • 3. Waive Part of the Bill Subject to a Contribution towards a new Water Main - The Municipality could waive charges related to consumption of water exceeding the volume used for the same time period in the previous year, 2015. At its April 10, 2017 meeting, Council authorized staff to replace the repaired water service with a new water main to be funded by the Kettle Creek Conservation Authority (Report PW.17.17). The waiving of part of the charge would be subject to KCCA agreeing to fund the new water main.

Karen Harris, Director of Finance/Treasurer commented that the Municipality has never waived charges on a water bill yet because of a water leak, and if Council decides to waive charges here, she feared that this will cause a flood of new attempts to wave charges because of water leaks.

After some discussion, a Motion moved by Sally Martyn and seconded by Dan McNeil that the Council of The Corporation of the Municipality of Central Elgin authorize option #3 respecting the November 2016 Dalewood Conservation Area water bill for water used resulting from a service leak on Municipal property as per Report CA0.58.17. The Motion was Carried.

CAO 60-17 - Licence Agreement, Encroachment into the Bessie Street Road Allowance (Candace Parrack)

A Motion moved by Stephen Carr and seconded by Dennis Crevits that Council direct staff to prepare a licence agreement respecting the encroachment of a porch located at 136 Bessie Street into the Bessie Street road allowance for execution by Candace Parrack as per Report CAO 60-17. The Motion was Carried.

Director of Physical Services

PW 40-17 - Purchase 1996 Elgin Sweeper

A Motion moved by Fiona Roberts and seconded by Dan McNeil that the Council of The Corporation of the Municipality of Central Elgin approve the purchase of a 1996 Elgin Sweeper from Elgin Mobile Sweeping, Central Elgin ON. for a cost of $20,000.00 plus HST and the purchase be funded from the equipment reserve fund as per Report PW 40-17. The Motion was Carried.

PW 41-17 - McBain Line Traffic Concerns

A Motion moved by Dennis Crevits and seconded by Stephen Carr that the Council of The Corporation of the Municipality of Central Elgin receive report PW-41-17 as information. And that Council endorse the pilot project installation of temporary traffic calming measures on McBain Line as outlined in report PW-41-17; And further that the pilot project be evaluated in the spring of 2018. The Motion was Carried.

PW 42-17 - FOG (Fats, Oils, Grease) Cup Program

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 PW-42-17 as information; And that Council approve the implementation of a FOG Cup program for the disposal of Household Fats, Oils, and Greases for Central Elgin residents commencing in 2018 for all residents; And further that the project be included in the 2018 Waste Management Budget. The Motion was Carried.

Director of Financial Services/Treasurer

DFS 24-17 - Asset Management Plan (AMP) Update

A Motion moved by Stephen Carr and seconded by Dennis Crevits that the Council of The Corporation of the Municipality of Central Elgin receive Report DFS 24-17 as information; And further that Council authorize staff to apply for grant funding under the Federation of Canadian Municipalities (FCM) - Municipal Asset Management Program for the Corporate Asset Management Plan update; And finally that upon obtaining funding approval, Central Elgin staff be authorized to pursue a public procurement process for consulting services to conduct the Asset Management Plan update. The Motion was Carried.

DFS 25-17 - OCIF Top-Up Funding Application

A Motion moved by Dennis Crevits and seconded by Fiona Roberts that the Council of The Corporation of the Municipality of Central Elgin receive Report DFS 25-17 as information; And further that the Council of the Corporation of the Municipality of Central Elgin authorize staff to apply for additional grant funding under the Ontario Community Infrastructure Fund (OCIF) Top-Up Program for the Port Stanley Wastewater Treatment Plant. The Motion was Carried.

DFS 26-17 - CE-012-17 Fire Services (Police) Sedan for Fire Prevention Officer

A Motion moved by Dan McNeil and seconded by Stephen Carr that the Council of The Corporation of the Municipality of Central Elgin award Tender CE-012-17, the supply and delivery of one (1) new Fire Services (Police) sedan to Oxford Dodge Chrysler for the total tendered price of $40,547.79 inclusive of taxes; And that the cost for the purchase be funded from the Fire Services Equipment Replacement Reserve as approved in CPR FS-01-17 for Equipment within the 2017 Fire Services Capital Budget; And further that Council approve the amendment to CPR FS-01-17 to include an additional $6,154.44 from the Fire Services Equipment Replacement Reserve to cover the required cost of the lighting in addition to the purchase price of the vehicle as estimated by D & R Electronics. The Motion was Carried.

DFS 27-17 - CE-014-17 East Pier Enhancements

A Motion moved by Stephen Carr and seconded by Dennis Crevits that the Council of The Corporation of the Municipality of Central Elgin award Tender CE-014-17, East Pier Enhancements to East Elgin Concrete Forming Ltd. for a total tendered price of $548,106.50 inclusive of taxes, transport, float charges, signage and traffic control; And further that CPR 2017-HB-004 be amended to reflect additional sources of financing for unanticipated contractor costs not previously included in the 2017 budget; And finally that the Mayor and Chief Administrative Officer be authorized to sign and execute the contract documents with East Elgin Concrete Forming Ltd. as awarded as per Report DFS 27-17.

Karen Harris, Director of Finance/Treasurer commented that $25,800 of this Tender amount would be for the Lynhurst sidewalk widening. The Motion was Carried.

Director of Fire Rescue Services/Fire Chief

FS 12-17 - Driver Certification Program (DCP)

A Motion moved by Fiona Roberts and seconded by Dennis Crevits that Mayor and Council accepts the recommendation from the Directors of Physical and Fire Services to enter into an agreement with the Ontario Ministry of Transportation (MTO) to maintain the Municipality's current Driver Certification Agreement that enables Municipal staff to train and renew employees' licences and special endorsements as per Report FS 12-17. The Motion was Carried.

FS 13-17 - Monthly Alarm Activities Report

A Motion moved by Dennis Crevits and seconded by Sally Martyn that the Council of the Corporation of the Municipality of Central Elgin receive Report FS 13-17 - July 2017 Monthly Alarm Activities Report as information. The Motion was Carried.

FS 14-17 - Parking Report

Motion moved by Dan McNeil and seconded by Stephen Carr that the Council of the Corporation of the Municipality of Central Elgin receive report FS-14-17 as information; And that Council approves the removal of no parking signs from Second St. in Port Stanley. And further that staff be directed to prepare an amendment to the parking By-law. The Motion was Carried.

By-laws - A Motion moved by Sally Martyn and seconded by Dan McNeil that by-laws 2171, 2172, 2173, 2174, 2175, 2176, and 2177 be taken collectively. No discussion followed, the Motions were read 1st, 2nd, and 3rd time and passed collectively.

By-law 2171 - ZBA - Infrastructure Ontario, 467 Sunset Drive

By-law 2172 - ZBA - Platinum Developments - Little Creek Phase 3

By-law 2173 - Confirmatory By-law

By-law 2174 - Being a By-law to Execute an Amending Agreement respecting OCIF - Application Component - Intake 2

By-law 2175 - Being a By-law to Assume Block 21, Plan M33-689 & Block 21, Plan M33-720 as part of public highway known as Snyders Avenue

By-law 2176 - Being a By-law to Regulate Traffic - Stop Signs

By-law 2177 - Development Agreement - Craigholme Estates Ltd., Phase V

Public Notice

Resolutions

New Business

Unfinished Business

Closed Session - Council went into Closed Session at 3:10 PM

CS1 - Closed Session Minutes

CS2 - Labour Relations or Employee Negotiations (s.239(2)(d)) - Fire Prevention Officer

CS3 - Personal Matters about an Identifiable Individual (s.239(2)(b)) - 2017 Central Elgin Citizen Achievement Awards

CS4 - Solicitor Client Privilege (s.239(2)(f)) - OMB Neville

CS5 - Personal Matters about an Identifiable Individual (s. 239(2)(b)) and/or Labour Relations (s. 239(2)(d)) - Compensation Review

Adjournment


Last Updated: Tuesday, 29 August 2017 16:33:45 PM EST

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