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Port Stanley News RSS Feed  News Regular Meeting Of Council On Monday, December 11th, 2017

News

by Doug Harvey
Regular Meeting Of Council On Monday, December 11th, 2017
Richard Haddow, Economic Development Ambassador
for the County of Elgin

The Corporation of the Municipality of Central Elgin

Regular Meeting Of Council On Monday, December 11th, 2017

Roll Call - All Present.

Disclosure of Pecuniary Interest and the General Nature Thereof - None disclosed.

Adoption of Minutes

Employee Recognition

1. Certified Municipal Manager III Fire Service Executive
Copy of correspondence received on behalf of the Presidents of the Ontario Association of Fire Chiefs and Ontario Municipal Management Institute advising that Fire Chief Chris McDonough has recently achieved the Certified Municipal Manager III designation with the Fire Service Executive enhancement.

Delegations

1. Parking Issues - 351A First Street
Lisa Harrison, was in attendance to discuss parking issues at 351A First Street. She talked about the difficulties encountered with other area residents due to the limited street parking available on First Street. She made Council aware that if an emergency should occur at the property that even EMS would have a problem just getting a strecher to the bottom of her front stairs. This in her opinion presents a serious safety risk that should be reviewed, and rectified. She offered a solution that if the Municipality could sever part of the easement in front of her property for her to purchase, she would then have legal access to her property, or buying a yearly Municipal parking pass.

Mr. Leitch commented that this issue had been brought up at Council before and the decision at that time was to block off the rightaway. In order to discuss this issue now would take a majority of Council to allow disscussions to begin. Mayor Marr asked for Councils direction and the majority agreed to allow disscussions.

Mayor Marr commented that there has been ongoing parking issues on First, Second, Third, and Fourth for years with many attempts to resolve these issues. Councillor McNeil commented that he would like to explain to Lisa Harrison how Council arrived at the first decission, and then spoke about how all issues brought to Council are complaint based, and because of that, Councils decission won't satisfy everyone.

Deputy Mayor Martyn commented that parking would not be available year round because of snow plowing in Municipal parking lots not being done during the winter months. Mr. Leitch commented that the easement has been there for over a hundred years, not wide enough for parking without using part of the Municipal parking lot. During the discussion a width of six feet was given for the easement which would not be enough for fourteen foot width needed for parking stated by Mr. Perrin.

In conclusion Mayor Marr commented that the options available for Council are to leave it as is, to do a license agreement option which would need a better understanding of area lot lines. Staff will be directed to bring back a detailed report with all available options to look for a better solution that can be allowed in the area, and made no promises to Lisa Harrison other then to revisit this issue.

2. Economic Development Ambassador - County of Elgin
Richard Haddow, Economic Development Ambassador for the County of Elgin was in attendance to discuss tourism in Elgin County. He commented on how much Council has done for tourism in Port Stanley, and to all of Central Elgin creating a highly regarded and very desirable area in which to live. He also praised Council for their deadication, vision and active participation in the community using an example of the Central Elgin float in this years Dicken's Day Parade that managed to receive an Honourable Mention by parade judges. He thought that the level of enthusiasm for the community displayed by Council was exceptional and hoped that it would continue to do that. He thanked Council for their attention and wished them the best in the upcoming future, a Merry Christmas, and a Happy New Year.

Correspondence (Action)

1. 2018 AMO AGM & Conference
Notice of 2018 AMO AGM & Conference being held on August 19 to 22, 2018 - Shaw Convention Centre, Ottawa and Westin Hotel, Ottawa.

A Motion by Sally Martyn and Seconded by Harold Winkworth that the Council of the Corporation of the Municipality of Central Elgin approve any member of Council, or Municipal staff attending the 2018 AMO AGM & Conference being held on August 19 to 22, 2018 at the Shaw Convention Centre, Ottawa and Westin Hotel, Ottawa as established Municipal Conference Policies. The Motion was Carried.

Correspondence (for Council's Information)

A Motion by Harold Winkworth and Seconded by Dan McNeil that Correspondence for Council's Information Items #1 - #4 inclusive be received as information and filed. The Motion was Carried.

1. Transient Accommodation
Copy of correspondence received from the Ministry of Municipal Affairs respecting tax on transient accommodation.

2. Information and Privacy Commissioner of Ontario
Notice of Decision received from Information and Privacy Commissioner of Ontario respecting Notice of Order MO-3524 respecting Appeal Number MA16-490.

3. Harbour Fees & Navigable Waters
Correspondence received from Terry Campbell, 584 George Street respecting harbour fees and navigable waters and Wastell development.

4. Public Confidence Report
Copy of Public Confidence Report for Minister of Education Mitzie Hunter

Reports

Central Elgin Planning Office

CEP 68-17 - Application to Amend the Municipality of Central Elgin Official Plan and Village of Belmont By-law 91-21 - Belmont Farm Supply, 14020 Belmont Road

A Motion by Fiona Roberts and Seconded by Stephen Carr that Report CEP 68-17 - Application to Amend the Municipality of Central Elgin Official Plan and Village of Belmont By-law 91-21 - Belmont Farm Supply, 14020 Belmont Road be received as information. The Motion was Carried.

Chief Administrative Officer

CAO 80-17 - Procedural and Public Notice By-law Review

A Motion by Dan McNeil and Seconded by Stephen Carr that the Council of the Corporation of the Municipality of Central Elgin establish an ad-hoc committee comprised of Mayor David Marr, Deputy Marr Sally Martyn, and one other member of Council to review and update the current Procedural By-law and Public Notice By-law as per Report CAO 80-17. Fiona Roberts vollunteered for the position. The Motion was Carried.

CAO 81-17 - November 2017 Monthly Building Reports

A Motion by Sally Martyn and Seconded by Harold Winkworth that the Council of the Corporation of the Municipality of Central Elgin receive Report CAO 81-17 - November 2017 Monthly Building Reports as information. The Motion was Carried.

CAO 82-17 - Noise By-law Update
Noise by-law 212 was passed in June 2000 to control noise in the Municipality of Central Elgin.

This by-law created noise restrictions based upon zones (quiet, residential, open space, and business) associated with municipal zoning by-laws.

The focus is not where noise is made, but rather, how it is created and where it is received, with prohibitions for time and place. Businesses are in violation of the by-law if residential areas can detect sound created by loudspeakers between 7 P.M. and 7 A.M.

The Municipality and police received complaints from residents in Port Stanley regarding noise created by nearby restaurant establishments.

Both the establishments and residences are long-established, but as tourism in Port Stanley grows, the uses became inconsistent.

Proposed Changes - The Committee proposes an adjustment in prohibitions by time and place, within a specified area in Port Stanley, on lands where restaurant facilities create sound from amplifying equipment.

The committee does not suggest changes to the bask by-law, but do recommend an optional permit system by which the operators of the restaurants may apply for an extended sound permit. The permit would be issued for up to 6 months, and would not allow noise after 11:59 P.M. The permit is renewable, and could be extended for up to 12 months of the year.

A Sound Management Plan from a qualified acoustic engineer would be required as part of the application, and would include a floor plan, location and direction of all source sources, and a noise complaint and sound mitigation plan. Research conducted by staff suggests that this plan could cost 1500-$ 3000.

The proposed application fee for a permit is $150, plus a $300 extended permit fee (refundable if the applicable is not approved).

By-law staff will review the application, and Council will make final approval of the permit. Permits are not mandatory, but would allow businesses to make noise on certain days and times, subject to conditions. Complaints about businesses who choose not to acquire a permit would not be afforded the protection provided by a permit. They could be charged.

A permit system for amplified sound is a compromise between businesses and residents. It puts the onus on businesses to take steps to minimize the impact of noise.

A Motion by Fiona Roberts and Seconded by Stephen Carr that the Noise By-law Committee be authorized to schedule public open houses with stakeholders, including Port Stanley businesses and residents, regarding proposed changes to the Noise By-law as per Report CAO 82-17. The Motion was Carried.

Director of Physical Services

PW 51-17 - Dalewood Campground Water Servicing
Councillor Crevits asked about the reasons why the previous agreed deal made at a previous meeting was not acceptable. At the April 11th meeting Council reviewed report PW-17-17, Dalewood Campground Water Servicing and passed the following resolution:

That Council approve the installation of a new water main on Water Tower Line from the existing St. Thomas Secondary Watermain easterly to Dalewood Road to service Dalewood Campground subject to estimated costs for replacement being approved by the Kettle Creek Conservation Authority. And that the cost for the installation will be recovered from the Kettle Creek Conservation Authority. And further that the main will be municipally owned upon completion.

Mr. Perrin commented that as a result of that resolution staff communicated Council's direction to the KCCA with a final replacement design of a 100 mm diameter watermain at an estimated cost of $135,600. This information was provided to Kettle Creek Staff and as a result concerns were raised about the cost and a request was made requesting that Central Elgin reconsider its original position and pay for the replacement of the existing service.

The cost to install the existing 50mm diameter water service was borne by the KCCA in 1979. Since that time the conservation authority have paid water rates to the municipality. These rates included money for capital replacement of infrastructure. We would note that this water line is somewhat unique in that it services a single property owner (KCCA) but the water serves multiple customers and campsites once it enters the Dalewood Campground.

We would also note that in the past the municipality has assumed and replaced private water systems that were originally constructed by a third party with no capital contribution for the replacement other than through the water rate. These include the Centennial Road waterline which is located south of Elm Line as well as the Fruit Ridge Water Line located near Centennial Road. Both of these were constructed by private parties and as a result of the Safe Drinking Water Act assumed and replaced by the municipality with the costs being recovered through rates. Staff would note that these two systems were somewhat different than the Dalewood Campground water line in that the both Centennial Road and Fruitridge Line serve multiple properties.

If Council reconsiders its original position and fund the replacement of the Dalewood Campground water service, staff would respectfully suggest that the 50mm diameter service be replaced with a 150mm diameter water main. Through discussion with Fire Chief Chris McDonough there is a benefit to the municipality and the area for increased fire protection by increasing the proposed main size to 150mm diameter and installing a fire hydrant at the intersection of Dalewood and Water Tower Line. Currently the closest hydrant is at Tower Road south of Water Tower Line. The cost to install the new 150mm diameter main on Water Tower line to service the Dalewood Campground is estimated at $190,000. Staff have attached a proposed Capital Project Record for Council's consideration. If Council is in agreement with the municipality replacing the existing 50 mm diameter water service with a new 150mm diameter main then we would propose that the project could be tendered in December and completed during the winter of 2018. This could possibly result in lower construction costs.

A Motion by Dan McNeil and Seconded by Stephen Carr that the Council of the Corporation of the Municipality of Central Elgin receive Report PW 51-17 - Dalewood Campground Water Servicing as information; And that Council approve the replacement of the existing 50mm diameter water service for the Dalewood Campground with a new 150mm diameter main. And that Council approve the Capital Project Record for the replacement of the existing 50mm diameter water service for the Dalewood Campground. And further that the cost of the works be included in the 2018 Water Capital Budget. A vote was taken with only Dennis Crevits and Sally Martyn opposed, the Motion was Carried.

PW 52-17 - Lynhurst Street and Storm Sewer Reconstruction Capital Project
Councillor Winkworth commented on the increased cost of this project and of the frustation of area residents waiting for thirty years for this to be carried out. He also cited the following Report.

Council has identified that the installation of storm sewers and the reconstruction of Crescent Ave, Woodland Road, Hillcrest Ave, Battram Street, Lynhurst Ave., Nathan St. , Ryan St., Vineden St. is a priority as identified in the municipality's asset management plan. These streets were serviced with sanitary sewer in 1987 and watermains were replaced in 2006. It was determined during both of these projects that the storm sewer and street reconstruction would be carried out at a future date. The existing storm drainage is provided by municipal drains with front yard catchbasins. These pipes typically have less capacity than a properly design urban storm sewer which is typically installed in areas such as Lynhurst. The environmental assessment for the installation of the storm sewers was completed in 2016 with the preferred alternative outlets being identified. In 2016, final design was completed for phase 1 with preliminary design for phases 2 and 3 currently underway.

The project proposes for the installation of properly design storm sewers with private drain connections to each individual property. Urbanization of the existing street with the installation of concrete curb and gutter and sidewalks. Modest improvements to street lighting provided it can be accommodated on existing hydro poles.

The total cost of the entire project is estimated at approximately $9.645 million dollars.

Karen Harris commented on the financial details of this project and said that the span of this project will take up our Tax Supported Capital Budget in the Fiscal Services area for the next four years, and will be funded entirely from Tax Supported Capital. Discussions continued on the details of this project for some time.

A Motion by Sally Martyn and Seconded by Fiona Roberts that the Council of the Corporation of the Municipality of Central Elgin receive Report PW 52-17 - Lynhurst Street and Storm Sewer Reconstruction Capital Project as information. And that Council approve the Capital Project Record for the reconstruction of Crescent Ave, Woodland Road, Hillcrest Ave, Battram Street, Lynhurst Ave., Nathan St., Ryan St., Vineden Drive. And that the works be included in the 2018, 2019, 2020, 2021 and 2022 capital budgets. The Motion was Carried unanimously.

Director of Financial Services/Treasurer

DFS 32-17 - Annual Treasurer's Report on 2016 Development Charges
Harold Winkworth asked Karen Harris, Director of Finance if the report met her expectations. She commented that the report was concerning in that the Water Developement Charge Reserve Fund collected only $33,039, and with a debt of $123.763 there will be a shortfall in reserves if Developement Charges don't pick up soon.

A Motion by Harold Winkworth and Seconded by Stephen Carr that the Council of the Corporation of the Municipality of Central Elgin receives Report DFS 32-17 Annual Treasurer's Report on 2016 Development Charges as information. The Motion was Carried.

DFS 33-17 - Proposed 2018 User Fees & Charges
Harold Winkworth commented that the changes to the User Fees charged for Municipal property and services was good step to encourage more community usage.

Fiona Roberts commented that she has been very pleased by the positive reaction received from the community, and predicted that these changes would reverse decissions to find facilities somewhere else.

Sally Martyn commented that even though the charges won't cover all the costs, that it was better to have our facilities being used, than sitting empty.

A Motion by Dan McNeil and Seconded by Sally Martyn that the Council of the Corporation of the Municipality of Central Elgin receives Report DFS 33-17 - Proposed 2018 User Fees & Charges as information. The Motion was Carried.

DFS 34-17 - Procurement Policy Update
Karen Harris commented that this key financial policy has not been updated since 2005. Given the increasing magnitude of projects and spending over the past few years staff were all in agreement after visiting many Policies and Procurement Sessions that the Procurement Policy used by the County of Elgin was the best fit for the Municipality.

A Motion by Dennis Crevits and Seconded by Harold Winkworth that the Council of the Corporation of the Municipality of Central Elgin receives Report DFS 34-17 - Procurement Policy Update as information. The Motion was Carried.

DFS 35-17 - Sale of 2009 Dodge Pick-Up to St. Thomas Cemetery Company
A Motion by Fiona Roberts and Seconded by Dan McNeil that the Council of the Corporation of the Municipality of Central Elgin receive report DFS 35-17 Sale of 2009 Dodge Pick-Up to St. Thomas Cemetery Company as information; And further that Council authorize staff to sell an out of service 2009 Dodge Dakota to the St. Thomas Cemetery Company for $5,000 with the proceeds of sale being contributed to the Roads Vehicle and Equipment Reserve. The Motion was Carried.

Director of Fire Rescue Services/Fire Chief

FS 20-17 - Sale and Disposal of Surplus Fire Apparatus
Stephen Carr commented why the change from selling Municipal property through an auction to a sealed-bid process. Fire Chief Chris McDonough replied that he thought that better offers could be received from outside of the Municipality by using the sealed-bid process.

A Motion by Fiona Roberts and Seconded by Dan McNeil that the Council of the Corporation of the Municipality of Central Elgin approve the advertisement and sale of one 2003 Ford F250 Rescue and one 1998 HME Pumper at the highest price received through a sealed-bid process as per Report FS 20-17. The Motion was Carried.

By-laws

Mayor Marr commented that he would like to see By-law 2212 - 2018 Procurement Policy deferred to next Monday's meeting because of more time needed for clairification on the document. During this round table discusion about defering this By-law, none of the issues or reasons were made public why this By-law be defered other than the need for more clairification. It was later agreed upon to defer By-law 2012.

A Motion moved by Fiona Roberts and seconded by Stephen Carr that by-law 2207, 2208, 2209, 2210, and 2211 be taken collectively. The Motions were read a 1st, 2nd, and 3rd time and passed collectively.

By-law 2207 - Confirmatory By-law

By-law 2208 - Port Stanley BIA - Amendment to Minimum and Maximum Levy Amounts

By-law 2209 - OPA - Belmont Farm Supply

By-law 2210 - ZBA - Belmont Farm Supply

By-law 2211 - 2018 User Fee Schedule

By-law 2212 - 2018 Procurement Policy - deferred

Public Notice

Resolutions

New Business

Unfinished Business

Closed Session - Council went into Closed Session at 8:52 P.M.

CS1 Closed Session Minutes

CS2 Litigation or Potential Litigation (s.239(2)(e)) and/or Solicitor-Client Privilege (s.239(2)(f)) - McAsphalt Industries

Adjournment


Last Updated: Tuesday, 12 December 2017 16:21:46 PM EST

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