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Port Stanley News RSS Feed  News Regular Meeting Of Council On Monday, January 14th, 2019

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by Doug Harvey
Regular Meeting Of Council On Monday, January 14th, 2019
Land Exchange Agreement with Prespa Construction Ltd.

The Corporation of the Municipality of Central Elgin

Regular Meeting Of Council On Monday, January 14th, 2019

Roll Call

All present.

Disclosure of Pecuniary Interest and the General Nature Thereof

Colleen Row had pecuniary interest with correspondence for council's information item 6. No other pecuniary interest was disclosed.

Adoption of Minutes

Minutes of the Regular Meeting of Council dated December 10th, 2018 were adopted.

Delegations

No Delegations

Correspondence Action

1. Sail Style Sun Protection Awnings

Correspondence received from Port Stanley Village Association (PSVA) seeking support to raise funds for the installation of sail-style sun protection awnings in Hofhuis Park.

Background: - During a discussion with Mayor Martyn and others on 12 December at the PSVA meeting, I mentioned that the Port Stanley Village Association wishes to raise funds for the purpose of erecting sail-style sun protection awnings to be placed over picnic tables in Hofhuis Park. The awnings would be designed and installed by St Thomas Awnings.
I write to ask for the support of Council for this project.
Please let me know what steps we must take in order to take this matter forward.
Nancy Moore

A Motion moved by Councillor Fehr and seconded by Councillor Crevits that correspondence received from Port Stanley Village Association (PSVA) respecting the installation of sail-style sun protection awnings in Hofhuis be received as information; And that staff be directed to advise the PSVA that their request is premature at this time as the Harbour Secondary Plan has not been finalized, and that existing site conditions will not currently support any such installation; And further that Council has no objections to the establishment of a trust fund to be held by the Municipality for a fundraising campaign to support the PSVA initiated projects on Municipal property. The Motion was Carried.

2. Ontario Good Roads Association (OGRA)

Notice of 2019 OGRA Conference - February 24 to 27, 2019.

A Motion moved by Councillor Crevits and seconded by Councillor Fehr that the Council of The Corporation of the Municipality of Central Elgin approve any member of Council and any Municipal staff attending the 2019 Ontario Good Roads Association Conference being held February 24 to 27, 2019 at the Sheraton Centre in Toronto as per established Municipal policy. The Motion was Carried.

Correspondence (for Council's Information)

A Motion by Councillor Roberts and Seconded by Deputy Mayor Marks that Correspondence for Council's Information Items #1 - #8 inclusive be received as information and filed. The motion was amended excluding number - 4 Voters' List for Municipal Elections which was taken and supported separately. Both motions were carried.

1. LAS Program

Correspondence received respecting LAS Natural Gas Program - 2016-17 Period Reserve Fund Rebate.

2. County of Elgin Land Division Committee

Notice of Decision received from Elgin County Land Division Committee respecting E91/18 Barnhardt, E93/18 Martin and E99/18 Weekes/Schacter.

3. Merger - ERTH Power Corporation and Goderich Hydro

Press Release received respecting "Ontario Energy Board puts their stamp of approval on merger between ERTH Power Corporation and Goderich Hydro.

4. Voters' List for Municipal Elections

Copy of correspondence received from City of Hamilton respecting " Maintenance of Voters' List for Municipal Elections".

5. TVDSB/former Elgin Board of Education

Copy of correspondence received from Peter Weygang, respecting Thames Valley District School Board and recreation of former Elgin Board of Education.

6. Seaglass, Port Stanley - Notice of Draft Plan Approval

Notice of Draft Plan Approval received from the County of Elgin respecting Seaglass, Port Stanley - 34T-CE1801

7. Stewardship Ontario

Correspondence received from Stewardship Ontario respecting "Industry funding for Municipal Blue Box Recycling for the third quarter of the 2018 Program Year.

8. Official Plan/Community Improvement Plan Amendments - City of St. Thomas

Notice of Public Meeting for Proposed Official Plan and Community Improvement Plan Amendments affecting the City of St. Thomas.

Reports

Committees

1. 2019 Polar Bear Dip

Background: - The Special Events Committee met on January 8th, 2019 to review the Special Events Application for the 2019 Polar Bear Dip. The applicant noted that this annual cold-water dip event has grown in size through both increased participation and spectators with much success in the five (5) years that it has existed.

A Motion by Councillor Fehr and Seconded by Councillor Row that Council approve the Special Event Permit for 2019 Polar Bear Dip to be held on Saturday, March 2nd, 2019 from approximately 9:00 a.m. to 1:00 p.m., subject to the following recommended conditions:

  • The organizers complying with the Special Events Policy as adopted by Council;
  • Liability Insurance be provided by the organizers of the event in the amount of $5,000,000.00 naming the Corporation of the Municipality of Central Elgin as co-insured and held harmless;
  • The final schedule and location of the event being approved by the Director of Physical Services or his Designate; and
  • The applicant being responsible for contacting St. John's Ambulance or a similar organization to be on site during the event.

The Motion was Carried.

2. 2019 South West Ontario Open Water Swim (SWOOWS) Race

Background: - The Special Events Committee met on January 8th, 2019 to review the Special Events Application for the 2019 South West Ontario Open Water Swim (SWOOWS)Race. This will be the first time an event of this nature has been held in Port Stanley. The SWOOWS organization has held several successful Open Water Swim Races, Turkey Point (North Shore Challenge for Camp Trillium) being the closest to our area, and they hope to include Port Stanley as an annual swim within their circuit.

A Motion by Councillor Row and Seconded by Deputy Mayor Marks that Council approve the Special Event Permit for the 2019 South West Ontario Open Water Swim Open Water Swim Race to be held on Saturday, August 3rd, 2019, from 8:00 a.m. to 12 noon subject to the following recommended conditions:

  • The organizers complying with the Special Events Policy as adopted by Council;
  • Liability insurance be provided by the organizers of the event in the amount of $5,000,000.00 naming the Corporation of the Municipality of Central Elgin as co-insured and held harmless; and;
  • The final schedule and location of the event being approved by the Director of Physical Services or his Designate.

The Motion was Carried.

Chief Administrative Officer

CAO 57-18 Retail Sale of Cannabis Products in the Municipality of Central Elgin

Background: - The Government of Ontario, through the Cannabis Licensing Act and Regulation 468/18, has established the licensing framework for private retail cannabis stores throughout Ontario. Cannabis retail stores may be licensed by the Alcohol and Gaming Commission of Ontario (AGCO) in any municipality except those municipalities that ”opt out” of hosting private retail cannabis stores. In order to opt out of hosting a retail cannabis stores, a council must pass a resolution and submit it to the AGCO by January 22, 2019.

Council, at its meeting of December 17, 2018, received a report respecting the retail sale of cannabis. Council deferred any decision until the January 14, 2019 meeting. In the meantime, the Municipality conducted an online survey as a tool to gauge citizen viewpoints respecting retail cannabis sales in the Municipality. The online survey was promoted through the Municipality's website and Facebook page and generated 384 responses.

After a lengthy discussion on all the available options respecting retail cannabis sales in the Municipality, Council decided to settle on Option 2 - Permit Cannabis Retail Stores with a Municipal Cannabis Policy Statement. A recorded vote was taken with only Councillor Crevits opposed resulting in the Motion being carried.

Details of Option 2 - Similar to Option 1, the AGCO will license retail stores in any location that is zoned to permit retail stores and is greater than 150 metres from a school. The Municipality cannot create zoning that will specifically regulate the location of cannabis retail stores. However, the Association of Municipalities of Ontario (AMO) has suggested that Council may adopt a Municipal Cannabis Policy Statement. The statement could provide direction respecting Municipal comments on the licensing of specific cannabis retail stores in proximity to any locally sensitive uses. A minimum of only fifteen days’ notice of a cannabis retail store application to the AGCO is required. With this limited time frame, a Policy Statement will provide staff with the opportunity to comment on the application should the proposed location be subject to Council's criteria for locally sensitive uses expressed through the Municipal Policy Statement. The Policy Statement should address the provincial licensing objectives of ensuring public health and safety, protecting youth and ending the illegal sale of cannabis. The policy should identify locally sensitive uses which address the provincial objectives and Council believes should be subject to a buffer. These locally sensitive uses could include locations, in addition to prescribed schools, where there are a significant number of youth attending the facility, including, arenas, parks, beaches, libraries, and day care centres. It is currently not known how much regard the AGCO will give to objections to a proposed licence location based on locally sensitive uses. However, a Municipal Cannabis Policy Statement may be Council's best tool in the absence of more restrictive zoning, should Council have a concern with the location of cannabis retail stores in proximity to locally sensitive uses. it should be recognized that there is a potential for notice applications to be missed. It is staff's understanding that notices will not be sent to the Municipality. Staff will be required to frequently check the AGCO website for applications within the fifteen day notice period. Similar to Option 1, the Municipality will share with the County of Elgin an initial contribution of $10,000 and be eligible for additional funding in the future.

CAO 01-19 2018 Municipal Election - Accessibility

Background: - In accordance with Section 12.1(3) of the Municipal Elections Act, 1996 Within 90 days after voting day in a regular election, the clerk shall prepare a report about the identification, removal and prevention of barriers that affect electors and candidates with disabilities and shall make the report available to the public”.

A Motion moved by Councillor Cook and seconded by Councillor Row that Report CAO 01-19 2018 Municipal Election - Accessibility be received as information and filed; And further that staff be directed to make said report available to the public on the Municipal website or upon request. The Motion was Carried.

CAO 03-19 December 2018 Monthly Building Report

Permit value for December 2018 - $1,279,000.00
Permit value for November 2017 - $926,500.00
Increase $352,500.00

Permit value for year to date (2018) - $41,223,336.00
Permit value for previous year (2017) - $37,883,324.35
Increase $3,340,011.65

Total permits for present year (2018) to date 345
Total permits for previous year (2017) to date 380

Total New Homes for present year (2018) to date 89
Total New Homes for previous year (2017) to date 120

A Motion moved by Councillor Fehr and seconded by Deputy Mayor Marks that Council receive CAO 03-19 December 2018 Monthly Building Report as information. The Motion was Carried.

CAO 04-19 Wellness Benefit Program

Background: - Council approved at the Council meeting of November 23, 2017 that the Wellness Benefit Program would be able to run as a pilot project for another year. From January 1, 2016 to October 31, 2017 total amount of Benefits paid out = $4655.89, this was equal to an average of approximately $211 per person that participated. After the Pilot year of 2016-2017 Council requested to take out the registration for hockey, baseball teams, slow-pitch teams etc. and agreed to pilot the program for another year.

From January 1, 2017 to December, 2018 total amount of Benefits paid out for 2018 = $3,688.70 which was an average of approximately $230 per person that participated. Although the program did not get the 50% participation as they had hoped for, staff believe that the statistics still indicate that this is a successful program.

A Motion moved by Councillor Roberts and seconded by Councillor Row that Council adopt the Wellness Benefit Program on a permanent basis as per Report CAO 04-19. The motion was amended to include Sport Team Memberships and finally passed.

CAO 06-19 Highway 3 Transportation Needs Assessment Study - Status Update

Background: - In June of 2015 the Ministry of Transportation and the County of Elgin commenced a joint study to "assess the impact on the functionality and service levels of Highway 3 with future developments" in a study area extending from Talbotville to east of Aylmer. A purpose of the study was to determine if there is a need for MTO to maintain land restrictions on those lands that have been identified as a future route for the extension of the by-pass easterly from Centennial Avenue in the Municipality of Central Elgin.

A Motion moved by Councillor Crevits and seconded by Councillor Cook that Council supports the continuation and completion of the Highway 3 Transportation Needs Assessment Study from St. Thomas to Aylmer as per Report CAO 06-19; And further that staff be directed to forward a copy of said resolution to the County of Elgin, Township of Southwold, Township of Malahide, Town of Aylmer, City of St. Thomas and the Hon. Jeff Yurek, MPP, Minister of Transportation. The Motion was Carried.

CAO 07-19 Land Conveyances Adjacent to Why Not Park

Background: - The previous Council provided direction at its meeting of September 26, 2016 for staff to have the necessary legal documents prepared to finalize an exchange of lands in the vicinity of Why Not Park. Prespa Construction is to convey to the Municipality a 4.9 metre strip of land between Why Not Park and its condominium development at 355 Edith Cavell Boulevard and an additional 330 square metre parcel of land north of Why Not Park to be incorporated into the Park. In return, the Municipality is to convey a strip of land, with an area of 126 square metres, on the west side of Why Not Park to Prespa. All exchanges were for a nominal amount with no additional consideration.

CAO 07-19 Land Conveyances Adjacent to Why Not Park was postponed until after Closed Session because this item was also included in a Closed Session report.

Director of Physical Services

PW 01-19 Eastwood Subdivision/Talbot Street Sanitary Sewer Connection Charges

Background: - Council passed By-Law No. 1888 in 2015 which laid out the sanitary sewer costs for the area benefiting from the installation of sanitary sewers in Eastwood Subdivision including Talbot Street West of Centennial Avenue. The by—law required all building owners listed in schedules A & B to pay the amounts shown in the schedules by June 15, 2015 or choose to debenture the cost over a 10 year period. It also stated that buildings were to be connected by June 15, 2016.

Talbot Street servicing was to be included in Phase 3 of the Eastwood Project to be completed in 2014/2015 but because of delays in getting permits from the Ministry of Transportation the project was delayed until 2017. The Talbot Street project was completed in January of 2018. Residents on Talbot Street were notified on April 16, 2018 that they were now able to connect to the sanitary sewer.

The delay in the Talbot Street project left the one homeowner who did pay in full with their money tied up for 34 months with the Municipality without the ability to connect to the sewer. He is asking for interest at the applicable rate for the 34 months the Municipality held his money. The interest over the 3 months works out to $423.35 based on the same 2.20% interest rate being charged to the homeowners who debentured their costs.

A Motion moved by Councillor Roberts and seconded by Councillor Crevits that Council directs staff to reimburse the amount of $423.35 for Sanitary Sewer Connection Charges for lots on Talbot Street as per Report PW 01-19. The Motion was Carried.

PW 02-19 Waste Management Services, Program Delivery

Background: - Staff reported to Council at it's December 14th, 2018 meeting outlining options for consideration for the level of service to be provided to residents respecting solid waste collection and how the service could be delivered. Options presented included keeping the current private contractor or create a service utilizing municipal staff.

Subsequent to that meeting there has been questions and concerns raised by Council members regarding the service levels proposed and the way in which the service would be delivered. As a result, Council may wish to consider the creation of a steering committee of Council members with staff support to review the options to be considered. The steering committee would also be charged with the responsibility for public consultation and recommending to Council what the program would look like and how it will be delivered. Staff would estimate it will take a minimum of 6 months for the steering committee to review and recommend a set program and service delivery model.

A Motion moved by Councillor Cook and seconded by Councillor Fehr that Council receive report PW-O2-19 Waste Management Services, Program Delivery as information. And that Council establish a steering committee comprised of the following members of Council, Councillor Roberts, Councillor Crevits, Deputy Mayor Marks, with staff support from the CA0, Director of Finance, Director of Physical Services and Paul van der Werf of 2cg Waste Management Consulting Services. And further that Council approve a contract extension with Emterra Environmental for the provision of Curb-side Collection services of garbage and recycling for one year expiring on May 31st, 2020. The Motion was Carried.

Director of Financial Services/Treasurer

DFS 01-19 Request for Proposal CERFP-006-18 External Audit Services

Background: - A Request for Proposals, CERFP-006-81 External Audit Services (2018 to 2022) was issued on Bids and Tenders on Friday,November 23, 2018 with a closing date of Tuesday, December 18, 2018 at 2:00:00 p.m.

A Motion moved by Deputy Mayor Marks and seconded by Councillor Fehr that Council award Request for Proposal CERFP-006-18 to Graham Scott Enns LLP for a total proposal price of $107,500.00 exclusive of taxes over 5 years beginning with the 2018 year end audit. The Motion was Carried.

DFS 02-19 Establish 2019 Tax Instalment Dates and Information

Background: - Each year the Director of Financial Services Treasurer brings forward to Council a report and by-law establishing the instalment tax rate, process and dates for the interim tax billing for the year.

A Motion moved by Councillor Fehr and seconded by Councillor Roberts that Council receive Report DFS 02-19 Establish 2019 Tax Instalment Dates and Information as information. The Motion was Carried.

DFS 03-19 Draft Terms of Reference and Dates for the Established Finance Committee 2019

Background: - At her inaugural address to Council in December 2018, the Mayor indicated a desire to create a Finance Committee of the Whole for 2019. Staff have researched various similar sized municipalities and compiled a Draft Terms of Reference for the Central Elgin Finance Committee. The draft is attached for Council's consideration and the Committee's recommendation and approval at its first meeting. In broad terms, the Committee would consider the annual audit, the annual budget, quarterly financial reporting as well as procurement updates. The Committee would also receive financial policy implementation or update suggestions for its consideration and recommendation to Council.

A Motion moved by Councillor Crevits and seconded by Councillor Fehr that Council receive Report DFS 03-19 Draft Terms of Reference and Dates for the Established Finance Committee 2019 as information. The Motion was Carried.

Director of Fire Rescue Services/Fire Chief

By-laws

A Motion moved by Councillor Fehr and seconded by Deputy Mayor Marks that By-law 2315 be read a third time and finally passed. A recorded vote was requested and was passed by a 4-3 majority that included Mayor Martyn, Councillor Roberts, Councillor Row, and Councillor Cook.

A Motion moved by Councillor Roberts and seconded by Councillor Cook that By-laws 2316, 2317, 2318, 2319, 2321, 2322, 2323, 2324, and 2325 be taken collectively. The Motions were read 1st, 2nd, and 3rd time and finally passed collectively. Carried.

By-law 2320 was taken separately due to a request by Councillor Row and was passed by a majority with the exception of Councillor Row's vote.

A decision on By-law 2326 Being a By-law to Execute a Land Exchange Agreement with Prespa Construction Ltd. - 146-156 William Street was delayed until after Closed Session. After Closed Session, By-law 2326 was passed and that was confirmed by telephone conversation with Mayor Martyn.

By-law 2316 Zoning By-law Amendment - 116 Cowan Lane, Martin

By-law 2317 Zoning By-law Amendment - 45471 Sparta Line, DeVries

By-law 2318 Zoning By-law Amendment - 45865 Sparta Line, DeVries

By-law 2319 Zoning By-law Amendment - 406 Edith Cavell Blvd., - Van Der Werf

By-law 2320 Zoning By-law Amendment - 286 Bridge Street, 2450695 Ontario Ltd.

By-law 2321 Confirmatory By-law

By-law 2322 Appointment of the Auditor for 2018 Year End

By-law 2323 2019 Temporary Borrowing By-law

By-law 2324 2019 Interim Tax Levy By-law

By-law 2325 Being a By-law to Assume Certain Lands into the Central Elgin Road System - Symphony Court

By-law 2326 Being a By-law to Execute a Land Exchange Agreement with Prespa Construction Ltd. - 146-156 William Street

Public Notice

Resolutions

New Business

Closed Session - Council went into Closed Session at 9:10 P.M.

CS1 Labour Relations or Employee Negotiations (s.239(2)(d)) - Hiring of New Firefighters

CS2 Litigation or Potential Litigation (s.239(2)(e)) - 3767 Old Dexter Line

CS3 Litigation or Potential Litigation (s.239(2)(e)) and/or Solicitor-Client Privilege (s.239(2)(f)) - Prespa Construction Limited, Zoning By-law Amendment Application Appeal, 146-156 William Street

CS4 Labour Relations or Employee Negotiations (s.239(2)(d)) and/or Personal Matters about an Identifiable Individual (s.239(2)(b)) - Amend Pay Schedule for Employees covered by the Job Evaluation Scale

CS5 Security of Property (s.239(2)(a)) - Port Stanley Fire Station

CS6 Labour Relations or Employee Negotiations (s.239(2)(d)) - Hiring of Building and By-law Enforcement Coordinator and Communications and Legislative Coordinator

CS7 Personal Matters about an Identifiable Individual (s.239(2)(b)) - Land Division Committee - Applications

Last Updated: Tuesday, 15 January 2019 13:58:04 PM EST

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