The Corporation of the Municipality of Central Elgin
Regular Meeting Of Council On Monday, February 11th, 2019
Roll Call - Councillor Roberts was absent.
Disclosure of Pecuniary Interest and the General Nature Thereof - Councillor
Fehr had Pecuniary Interest in a Closed Session item as he was the accountant for
Adoption of Minutes
Minutes of the Regular/Planning Meeting of Council dated Monday, December 17, 2018
and the Minutes of the Regular Meeting of Council dated January 14, 2019 were adopted.
Ross Whalls, Carlow Road, was in attendance to discuss Seaglass Developments, George
Mr. Whalls message to Council was that now there was an opportunity to address the
traffic issue that would come from the new Seaglass Developments on George Street.
His solution was to put in a new road to Carlow Road from the proposed new development.
Temporary Liquor Licence Correspondence was received from the Royal Canadian
Legion, Branch 410 seeking a temporary liquor licence for fifteen dates from noon
to midnight on Legion property, 310 George Street.
A Motion moved by Councillor Fehr and seconded by Councillor Row that the Council
of The Corporation of the Municipality of Central Elgin has no objections for the
Royal Canadian Legion, Branch 410, 310 George Street Port Stanley seeking a temporary
liquor licence for the attached dates and times in 2019 on their property. The Motion
Bill 62, Protecting Vulnerable Road Users Act Correspondence received seeking
support for Bill 62, Protecting Vulnerable Road Users Act
Background - A request that the Province (MTO) amend the Highway Traffic
act to include the provision for all roadway workers to be included in the provisions
of the act whereby motorists are required to move over and give space similar to
A Motion moved by Councillor Crevits and seconded by Councillor Fehr that the Municipality
of Central Elgin express support to the Province of Ontario respecting Bill 62 Protecting
Vulnerable Road Users Act 2018. The Motion was Carried.
Kettle Creek Conservation Authority Kettle Creek Conservation Authority -
2019 Levy - Notice of Meeting for Conservation Authority Levy Approval
A Motion moved by Deputy Mayor Marks and seconded by Councillor Cook that the Council
of The Corporation of the Municipality of Central Elgin approve Central Elgin's
apportionment of the Kettle Creek Conservation Authority 2019 Levy in the amount
of $77,591.80. The Motion was Carried.
Catfish Creek Conservation Authority Catfish Creek Conservation Authority
- 2019 Preliminary Budget
The proposed overall General Levy adjustment of $27,095.43 represents an increase
of $7,345.60 for the Municipality of Central Elgin. The Municipality of Central
Elgin's apportionment is 27.1101% of the total Municipal General Levy. The Municipality
of Central Elgin's total Levy for 2019 is $87,640.25 including the Special Planning
Levy. A Motion moved by Councillor Cook and seconded by Councillor Fehr that
the Council of The Corporation of the Municipality of Central Elgin approve Central
Elgin's apportionment of the Catfish Creek Conservation Authority 2019 Levy in the
amount of $87,640.25. The Motion was Carried.
Selbourne Park - Defibrillator Correspondence was received from the Port
Stanley Senior Men's Recreational Slo-Pitch League seeking financial assistance
with the purchase of a defibrillator to be on site at Selbourne Park.
Background - I represent a seniors men's recreational slo-pitch league in
Port Stanley. Our players' ages range from 50 to 80. Our league has been operating
for over ten years and includes some 90 participants.
This past summer, one of our players, while playing in Belmont in another league,
suffered a stroke. Thankfully, there was a defibrillator on site as well as individuals
familiar with its use. The player in question survived and is hoping to return to
our league as an active player this summer. This situation highlights a risk that
presents itself with greater probability as we age. Our baseball diamond, owned
and operated by Central Elgin, does not have a defibrillator on site. The closest
unit is located at the arena on Carlow.
Ideally, I would hope that ALL public facilities such as arenas and baseball fields
that are rented by groups come equipped with a defibrillator. For the time being,
that is not the case. Therefore, our league intends to purchase its own unit this
summer, a unit whose cost can range from $1600-2000.
I am reaching out to you to inquire about any municipal funding/grant/donation that
may be available to assist our league with the purchase of a defibrillator. Our
hope is that one will never be needed but if so, it will help save someone's life.
Letter from Paul Dilworth on behalf of the 'Paul Caldwell Wooden Bats League'.
A Motion moved by Councillor Crevits and seconded by Councillor Cook where as Council
has received correspondence from the Port Stanley Senior Men's Recreational Slo-Pitch
League seeking financial assistance for the purchase of a defibrillator to be on
site at Selbourne Park; Now therefore be it resolved that Council is not prepared
to provide financial assistance for an on site defibrillator at Selbourne Park as
there is no available on site location that is both accessible and secure from vandals
at said location. The Motion was Carried.
Correspondence (for Council's Information)
A Motion moved by Deputy Mayor Marks and seconded by Councillor Fehr that Correspondence
for Council's Information Items #1 - #9 inclusive be received as information and
filed. The Motion was Carried.
Enbridge Gas Inc. Notice of Hearing - Enbridge Gas Inc. - Application for
Declaration of Office Correspondence received from the Municipality of Mattice
respecting changes to Paragraph 4 of the Declaration of Office.
Port Stanley BIA Board of Management Copy of minutes from the BIA Board of
Management meetings dated November 13, 2018, January 9th and 23rd, 2019.
2019 Farmland Forum Correspondence received advising of 2019 Farmland Forum
- March 28, 2019 in Lincoln
2018 Municipal Election Voters' List Copy of correspondence received from
the Town of Mono supporting the Town of Kearney's resolution regarding the inadequacy
of the 2018 Municipal Election Voters' List.
Ontario Municipal Partnership Fund (OMPF) Copy of correspondence sent from
the County of Elgin to the Honourable Vic Fideli, Minister of Finance respecting
Ontario Municipal Partnership Fund (OMPF).
Community Futures Program Copy of News Release received advising that the
County of Elgin will cease providing additional funding in the amount of $570,000.
for the federal Community Futures program.
Jacklin Farm Subdivision - Phase 3 Correspondence received from Steve Evans,
Manager of Planning, County of Elgin advising of Draft Plan Approval Extension Request
- Jacklin Farm Subdivision (Phase 3)
Development Charges & Housing Affordability Copy of correspondence sent from
Watson & Associates Economists Ltd. to the Ministry of Municipal Affairs & Housing
respecting "Development Charges and Housing Affordability".
Central Elgin Planning Office
CEP 06-19 Application to Amend Township of Yarmouth By-law 1998 - Larry and Lisa
Norton, 44570 Edgeware Line
Discussion began with Deputy Mayor Marks stating that he could not rest easy with
the fact that we are trying to limit the farms ability to expand in the future.
While staff's opinion to permit the construction of a new dwelling had not changed
from the first time that this application was reviewed, and staff was still of the
opinion that this type of severance application would not be allowed today. But
because the lots were already severed years ago, and that now the lots were considered
as existing parcels of land, that this application was consistent with the Provincial
Policy Statement 2014, the County of Elgin Official Plan, The Municipality of Central
Elgin Official Plan, and represents good planning.
A consensus of almost all of Council members viewed this as not being in line with
a general intent of the Municipality of Central Elgin's Official Plan, and as such
could not in good conscious support this application that was to be considered later
with a vote on By-law 2328.
A Motion moved by Councillor Fehr and seconded by Deputy Mayor Marks that Report
CEP 06-19 Application to Amend Township of Yarmouth By-law 1998 - Larry and Lisa
Norton, 44570 Edgeware Line be received as information. The Motion was Carried.
Chief Administrative Officer
CAO 08-19 End of Year Building Report - 2018
Background - The Municipality issued 345 building permits for 2018 which
was a decrease in permits by 35 compared to 380 permits in 2017. The Municipality
issued permits for 89 new housing starts which resulted in a 26% decrease from 120
houses in 2017 (the decrease can be contributed to a shortage of serviced lots).
The total value of construction increased by $3,340,011.00 over 2017 which also
resulted in an all time record amount of $41,223,336.00.
A Motion moved by Councillor Row and seconded by Councillor Cook that Report CAO
08-19 End of Year Building Report 2018 be received as information. The Motion was
CAO 10-19 Application for a Billboard Sign on Ron McNeil Line
Councillor Row asked if this application conformed to the existing sign by-law that
required that each sign to have more than one company advertising on a sign and
that any sign advertising in Central Elgin must be from a company that's from Central
Mr. Leitch suggested that because of strict wording of the Sign By-law a change
from "shall" to "may" in the Sign By-law would allow for existing signs such as
the two applications on tonight's agenda to be approved. This could only be done
if the amendments to the By-law were presented at a later meeting of Council.
CAO 10-19 Application for a Billboard Sign on Ron McNeil Line was deferred.
CAO 11-19 Application for a Billboard Sign on Wellington Road
CAO 11-19 Application for a Billboard Sign on Wellington Road was also deferred.
CAO 14-19 Heritage Designation - Former St. Thomas Psychiatric Hospital (report available
A Motion moved by Councillor Crevits and seconded by Deputy Mayor Marks that Report
CAO 14-19 Heritage Designation - Former St. Thomas Psychiatric Hospital be received
as information. The Motion was Carried.
Director of Physical Services
PW 04-19 Roads Asset Management/Capital Program Orientation (power point presentation)
Mr. Perrin showed a power point presentation to Council on Roads Asset Management
and Capital Program Orientation for building a better understanding of the value
and costs of Roads in budget planning for the Municipality.
Director of Financial Services/Treasurer
DFS 04-19 Procurement Policy Update
It was staff's opinion that the policy was not flexible with regard to capturing
single source opportunities while maintaining compliance with national and international
trade agreements. A single source opportunity is defined as a procurement process
where multiple providers of a good or service exist but a "single source" may be
able to provide the Municipality's best or most desirable good/service without having
to enter into a competitive process. Our Procurement/Risk Management Co-ordinator
reached out to various municipalities under the Ontario Public Buyers Association
umbrella and has provided updated language to this section based on responses to
her inquiry indicating best practices and compliance with relevant legislation.
Mr. Leitch suggested that Council should deal with the By-law first and defer the
consideration of the Aerial Platform truck until after the By-law has been amended.
A Motion moved by Councillor Row and seconded by Councillor Cook that Report report
DFS 04-19 Procurement Policy Update be received as information. The Motion was Carried.
Director of Fire Rescue Services/Fire Chief
FS 02-19 Purchase of 2014 Aerial Platform
This purchase previously identified in the 2009 budget under "Capital Projects"
in addition identified in the 2015 Fire Master Plan. Through extensive research
over the past months, it has been apparent that the US dollar and tariffs are having
a severe impact on the pricing of fire apparatus and to purchase this vehicle in
today's market would be between 1.6 to 1.8 million.
Consequently, staff was able to source a 2014 E - ONE Aerial Platform located in
the United States. After visiting the dealer and having "on hands demonstration",
it was apparent that this vehicle was in exceptional condition for a 5 year old
truck given the mileage was low @28,000 km and the hours on the apparatus was just
To address funding shortages for future Central Elgin Fire vehicle purchases,
Director of Finance, Karen Harris suggested raising the current base budgeted contribution
from $350,000 to $450,000 with a yearly 2% increase to maintain a surplus of funds
to pay for new equipment.
Fire Chief, Chris McDonough also stated that this new truck would respond to the
entire Municipality. In the event of a confirmed structure fire or possible crane
rescue in rural areas this truck will respond right away. The truck will be stationed
in Port Stanley in the new Fire Station because of the space concerns, and that
staff from all four stations will be trained on the operation of this new vehicle.
A Motion moved by Deputy Mayor Marks and seconded by Councillor Fehr that Report
FS 02-19 Purchase of 2014 Aerial Platform be received as information; And that Council
approves the purchase of a 2014 Aerial Platform from Brindlee Mountain Fire Apparatus,
Union Grove, Alabama for a cost of $800,000.00 CDN. plus HST, in addition Brokerage
Services of $3,000; And further that said purchase be funded as follows, $650,000
from the Equipment Reserve Fund, and $150,000 from Development Charges Fund. The
Motion was Carried.
FS 03-19 Monthly Alarm Activities Report (Dec./18)
FS 03-19 Monthly Alarm Activities Report - A motion moved by Councillor Cook and
seconded by Councillor Row that Report FS 03-19 Monthly Alarm Activities Report
December 2018 be received as information. The Motion was Carried.
FS 04-19 Monthly Alarm Activities Report (Jan./19)
FS 04-19 Monthly Alarm Activities Report - A motion moved by Councillor Row and seconded
by Councillor Fehr that Report FS 04-19 Monthly Alarm Activities Report January
2019 be received as information. The Motion was Carried.
A request from Deputy Mayor Marks that By-law 2328 ZBA - Edgeware Line, Norton be
taken separately with a recorded vote.
A Motion moved by Deputy Mayor Marks and seconded by Councillor Cook that By-laws
2327, 2329, 2330, and 2331 be taken collectively. The Motions were read 1st, 2nd,
and 3rd time and finally passed collectively.
A Motion moved by Deputy Mayor Marks and seconded by Councillor Fehr that By-law
2328 be read a 1st, and 2nd time. A recorded vote was taken with the results showing
that a definite majority of Council except for Councillor Fehr were against this
By-law that related to the Application to Amend Township of Yarmouth By-law 1998
by Larry and Lisa Norton, 44570 Edgeware Line.
The decision against By-law 2328 was a Notice of Refusal had to be justified under
the Planning Act with evidence that supported why Council chose not to support this
application. Because staff recommended this application and Council voted against
it, that if the applicants chose to take this before the Local Planning Appeal Tribunal
that justification for Council's decision would have to be provided. The fact that
this type of severance application would not be allowed now was the main evidence
that Council agreed upon, and that the intent of the Municipality of Central Elgin's
Official Plan was to protect and preserve the operation of farms and farmland.
A Motion moved by Deputy Mayor Marks and seconded by Councillor Cook that the Council
of The Corporation of the Municipality of Central Elgin does not support passing
By-law 2328, an amendment to zoning By-law respecting 44570 Edgeware Line, as Council
does not believe that it complies with Central Elgin's Official Plan and Minimum
Distance Separation requirements; And further that Council considered the verbal
and written information that it received in making it's decision. The Motion was
By-law 2327 Confirmatory By-law
By-law 2328 ZBA - Edgeware Line, Norton
By-law 2329 Appoint Committee of Adjustment Members
By-law 2330 Being a By-law to Provide for the Collection of Costs of Repairs and
Maintenance of Municipal Drainage Works - 2018
By-law 2331 Being a By-law to Amend By-law 2212, Respecting the Procurement of Goods
Closed Session - Council took a recess at 9:30 P.M. before going into Closed
1. CS1 Closed Session Minutes
2. CS2 Litigation or Potential Litigation (s.239(2)(e)) and/or Solicitor-Client Privilege
(s.239(2)(f)) - 146-156 William Street, Prespa Construction Ltd.
3. CS3 Litigation or Potential Litigation (s.239(2)(e)) - and/or Solicitor-Client
Privilege (s.239(2)(f)) - OMB Decision, Neville, 44400 Talbot Line
4. CS4 Solicitor-Client Privilege (s.239(2)(f)) - Maple Street
5. CS5 A Proposed or Pending Acquisition or Disposition of Land (s.239(2)(c)) - Gillette's
Bridge, Sparta Line
6. CS6 A Proposed or Pending Acquisition or Disposition of Land (s.239(2)(c)) - Grimmonds
Beach Right of Way - Surplus Property