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Port Stanley News RSS Feed  News Regular Meeting Of Council On Monday, July 24th, 2017

News

by Doug Harvey
Regular Meeting Of Council On Monday, July 24th, 2017

The Corporation of the Municipality of Central Elgin

Regular Meeting Of Council On Monday, July 24th, 2017

Roll Call - All Present.

Disclosure of Pecuniary Interest and the General Nature Thereof - Fiona Roberts had Pecuniary Interest in Correspondence (Action) item # 4 as she is a member of the Port Stanley Legion, and CS3 as she is also a member.

Adoption of Minutes

Minutes of the Regular Meeting of Council dated Monday, June 12 and the Regular/Planning Meeting of Council dated Monday, June 26, 2017 were adopted.

Delegations

1. Harbour Secondary Plan
Justine Giancola and Ashley North, Dillon Consulting were in attendance to provide an update on the Port Stanley Harbour Secondary Plan. It was a short version of the update that would be presented at the public meeting tonight at the Port Stanley Arena.

2. 351A First Street - Parking
Jeff Margetts was in attendance to discuss the request by Ms. L. Harrison to park at 351A First Street. He objected to this request to use Municipal property for parking which borders on his property located at 351 First Street in Port Stanley and is adjacent to the Municipal parking lot. This has been an ongoing issue that has resulted in several service requests to the Municipality, the OPP, and to the Ontario Ombudsman's Office for Municipalities. A fast track by Council to item CAO 52-17 - 351A First Street, Request to Utilize Municipal Right of Way for Private Parking was initiated to deal with this issue while Jeff Margetts was in attendance.

CAO 52-17 - 351A First Street, Request to Utilize Municipal Right of Way for Private Parking - Council denied permission to utilize the right of way for parking. Ms. Harrison is permitted to park in the adjacent municipal parking lot. In the summer paid parking season, Ms. Harrison will need to purchase a seasonal parking pass or pay for parking on a daily basis to utilize the municipal lot. The lot is partially maintained in the winter months and is available for parking.

Correspondence (Action)

1. ERTH Corporation
Notice of Special Shareholder Meeting from ERTH Corporation scheduled for Thursday, August 10, 2017 at 9:00 a.m. at Elmhurst Inn, Ingersoll

A Motion moved by Fiona Roberts and seconded by Dan McNeil that the Council of the Corporation of the Municipality of Central Elgin authorize Mayor David Marr to be a designated representative for the purpose of casting a vote as the Special Shareholder Meeting of the ERTH Corporation to be held at the Elmhurst Inn, Ingersoll on Thursday, August 10, 2017 at 9:00 a.m. Harold Winkworth would attend if Mayor David Marr could not. The Motion was Carried.

Mayor David Marr also commented that there was two votes being held that day and needed direction, the first was to allow Goderich into the service area of the company as a client which was a positive step. The second was the dividend Policy, and that further information would be provided by Karen Harris prior to the meeting.

2. Beach Freezie Day - Canadian Cancer Society
Correspondence received from Canadian Cancer Society, Elgin-Middlesex Office, seeking permission to have a Beach Freezie Day on Main Beach, Port Stanley on August 5th, (rain date August 6th) whereby freezies are sold for a $2.00 donation.

A Motion moved by Sally Martyn and seconded by Harold Winkworth that the Council of the Corporation of the Municipality of Central Elgin has no objection to the request by YouthCAN at the Canadian Cancer Society, Elgin-Middlesex Office to host a Beach Freezie Day. By the recent activity of the Cancer Prevention Campaign in the Port Stanley Beach area where volunteers would be selling freezies at $2.00 each on Saturday, August 5 from 12:00 p.m. to 4:00 p.m., and the rain date would be Sunday August 6, 2017. The Motion was Carried.

3. Beachview Condominiums - Irrigation System
Correspondence received from Prespa Construction Ltd. seeking approval for separate water service for irrigation purposes at no connection charge at 355 Edith Cavell Blvd., Port Stanley - Beachview Condominiums

Beachview Condominiums were advised that drilling wells for irrigation purposes on the condo lands without testable backflow preventers for each individual condo unit is not permitted by the Municipality.

Beachview Condominiums have requested that the Municipality approve a separate water service for irrigation purposes only at no connection charge, and that the Municipality permanently wave the sewer charge for the water used by the irrigation system.

A Motion moved by Sally Martyn and seconded by Harold Winkworth that the Council of the Corporation of the Municipality of Central Elgin deny the request received from Prespa Construction Ltd. seeking approval for separate water service for irrigation purposes at no connection charge at 355 Edith Cavell Blvd., Port Stanley - Beachview Condominiums. The Motion was Carried.

4. Royal Canadian Legion - Branch 410 Port Stanley
Correspondence received from Royal Canadian Legion - Branch 410, Port Stanley seeking permission to hold a parade on Sunday, October 15th, 2017 in Port Stanley as part of the District "A" Convention.

A Motion moved by Dennis Crevits and seconded by Stephen Carr that the Council of the Corporation of the Municipality of Central Elgin has no objections to a request received from Royal Canadian Legion - Branch 410, Port Stanley seeking permission to hold a parade on Sunday, October 15th, 2017 in Port Stanley as part of the District "A" Convention subject to the following recommended conditions:

  • Liability Insurance be provided by the organizers of the event in the amount $5,000,000.00 naming the Corporation of the Municipality of Central Elgin and the County of Elgin as co-insured and held harmless;
  • The final schedule and location of events being approved by the Director of Physical Services;
  • Approval being obtained from the County of Elgin regarding the temporary closure of Bridge Street for the parade.
The Motion was Carried.

5. Sanitary Servicing - McClary Avenue, Port Stanley
Correspondence received from Fatime Sherifi, owner of 205 McClary Avenue, Port Stanley requesting Council to reconsider "front-ending" this project.

Due to this fact that this has been voted upon before, a 2/3 majority of Council must be in favour of reconsidering this request again. A Motion moved by Sally Martyn and seconded by Harold Winkworth that Correspondence received from Fatime Sherifi, owner of 205 McClary Avenue, Port Stanley requesting Council to reconsider "front-ending" the Sanitary Servicing project on McClary be received as information and filed. The Motion was Carried.

Correspondence (for Council's Information)

- The Motion that Correspondence for Council's Information Items #1 - #19 excluding #17 be received as information and filed was put forward by Stephen Carr and seconded by Fiona Roberts. Carried.

1. Ministry of Education
Copy of correspondence received from Ministry of Education respecting launch of Ontario's Plan to Strengthen Rural and Northern Education.

2. Property Standards Downloading - Bill 7
Correspondence received from the Township of Edwardsburgh Cardinal respecting "Bill 7 - Property Standards Downloading".

3. Amendment to Conservation Authorities Act
Correspondence received from the Township of North Stormont respecting proposed amendment to the Conservation Authorities Act.

4. Notice of Adoption of Official Plan Amendment - City of London
Notice of Official Plan Amendment received from the City of London respecting lands located within the Wonderland Road Community Enterprise Corridor designation in the Southwest Area Secondary Plan

5. City of London - OPA No. 656
Copy of Amendment No. 656 to the Official Plan for the City of London.

6. Zoning By-law - Notice of Passing - City of London
Notice of the Passing of a Zoning By-law for the City of London - removal of Section 4.18 5 (ENTERTAINMENT)

7. Monsignor Morrison School
Correspondence received from Monsignor Morrison School thanking Central Elgin for their help with "Monsignor Morrison Day Parade - Saluting the Miracle of Water".

8. Sign By-law Committee
Copy of minutes from the Sign By-law Committee meeting dated June 9, 2017.

9. Fire Inspection Services
Correspondence received from the Town of Aylmer respecting Fire Inspection Services from Central Elgin.

10. Noise By-law Committee
Copy of minutes from the Noise By-law Committee meeting dated June 21, 2017.

11. Ombudsman of Ontario
Correspondence received from the Ombudsman of Ontario advising of report for 2016-2017 fiscal year.

12. Stewardship Ontario
Correspondence received from Stewardship Ontario respecting "Industry funding for Municipal Blue Box Recycling for the first quarter of the 2017 Program Year".

13. Natural Resource Gas
Correspondence received respecting correction to Natural Resource Gas Limited (EB-2017-0215) - Correction to PGTVA Reference Price.

14. MNO Solar FIT 4 LP
Correspondence received from HATCH, respecting MNO Solar FIT 4 LP - 500 kW Solar Project proposed in the Municipality of Central Elgin.

15. Crossfit Elgin
Correspondence received from Steve Atkinson, Crossfit Elgin, thanking Council for use of Main Beach on July 8 for Crossfit Event.

16. BIA Board of Management
Copy of minutes from BIA Board of Management meeting dated June 6, 2017.

17. TVDSB - closure of Sparta, Springfield and New Sarum schools
Copy of correspondence sent from the County of Elgin to the Minister of Education and Thames Valley District School Board supporting MPP Jeff Yurek's letter urging the Thames Valley District School Board to revisit its decision to close Sparta, Springfield and New Sarum schools.

Fiona Roberts brought up some concerns about including support for a new Belmont school in the resolution, and after some discussion, the Motion was revised to include "And further that Council continues to support a new school in Belmont".

A Motion moved by Dennis Crevits and seconded by Sally Martyn that Council supports the correspondence received from Grant Jones, Warden, County of Elgin, respecting MPP Jeff Yurek's letter urging the Thames Valley District School Board to revisit its decision to close Sparta, Springfield and New Sarum schools; And further that Council continues to support a new school in Belmont. The Motion was Carried.

18. Ontario College of Teachers
Correspondence received from Ontario College of Teachers respecting Anishinaabe artistic representations of the Ethical Standards of Practice for the Teaching Profession and the Standards of Practice for the Teaching Profession.

19. OMB Hearing Scheduled - 156 Wintermute Court
Correspondence received from Environment and Land Tribunals Ontario respecting Appointment of Hearing from Ontario Municipal Board scheduled for Wednesday, September 20, 2017 regarding 156 Wintermute Court.

Reports

Committee(s)

1. Site Plan Committee - Lee Memorials - 43546 John Wise Line

A Motion moved by Stephen Carr and seconded by Harold Winkworth that Site Plan Control Committee report dated July 5th, 2017 with respect to application by Richard Lee - Lee's Memorial for approval of a plan of development to be located on the lands known municipally as 43546 John Wise Line, in the Municipality of Central Elgin be approved. The Motion was Carried.

Central Elgin Planning Office

CEP 35-17 - Application for a Consent No. E48/17 - Randy Brown, 42519 Shorlea Line

A Motion moved by Stephen Carr and seconded by Fiona Roberts that the Council of the Corporation of the Municipality of Central Elgin has no objections to consent application E48/17 - Randy Brown, 42519 Shorlea Line subject to the following conditions:

  • the severed land be merged with 42735 Shorlea 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 a 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;
  • and 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 36-17 - Application for a Consent No. E51/17 - Ken Jones, Dexter Line, Concession 2, South Part of Lot 15

A Motion moved by Harold Winkworth and seconded by Dan McNeil that the Council of the Corporation of the Municipality of Central Elgin has no objections to consent application E51/17 - Ken Jones, Dexter Line, Concession 2, South Part of Lot 15 subject to the following conditions:

  • the severed land be merged with 45044 Dexter 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 a 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;
  • and 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 38-17 - Application for Draft Plan of Subdivision Approval - Platinum Developments (Elgin) Inc., Erie Heights Phase 3

The applicant recently acquired the subject lands, which are the last remaining undeveloped lands within the Erie Heights development area, and is proposing to develop the lands into a 42 lot residential development. Access to the site will be provided via an extension of Old Field Lane northerly to an eventual connection to East Road.

A Motion moved by Dennis Crevits and seconded by Stephen Carr that Report CEP. 36. 17 be received; And that Council, support in principle the proposed Draft Plan of Subdivision, File No. 34T-CE1701, on lands owned by Platinum Developments (Elgin) Inc., which lands may be legally described as Part of Blocks 2, 3, 4, 5, 6, 7, 9 and 11 and all of Block 10, Plan 11 M-123, and all of Block 39, Plan 11 M-176, Geographic Township of Yarmouth, now Municipality of Central Elgin; And that the Clerk - 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-CE1701; And further that a date for a public meeting be scheduled for August 28th, 2017 at 12:20 p.m. in accordance with Ontario Regulation 544/06 as amended. The Motion was Carried.

Chief Administrative Officer

CAO 50-17 - June 2017 Monthly Building Reports

A Motion moved by Dan McNeil and seconded by Fiona Roberts that the Council of the Corporation of the Municipality of Central Elgin receive Report CAO 50-17 June 2017 Monthly Building Reports as information. The Motion was Carried.

CAO 51-17 - Green Lane Landfill, Extension of Agreement to Use

A Motion moved by Harold Winkworth and seconded by Stephen Carr that the Council of the Corporation of the Municipality of Central Elgin receive Report CAO 51-17 - Green Lane Landfill, Extension of Agreement to Use as information. The Motion was Carried.

CAO 52-17 - 351A First Street, Request to Utilize Municipal Right of Way for Private Parking - Denied. This item relates to the second delegation item where the explanation is located.

Director of Physical Services

PW 38-17 - McClary Ave./Harrison Place Watermain Upgrades

A Motion moved by Sally Martyn and seconded by Fiona Roberts that the Council of the Corporation of the Municipality of Central Elgin appoint CJDL to complete engineering design for upgrades to the watermain on McClary Avenue and Harrison Place; And that the construction work be procured and done in concert with the sanitary sewer work required by Prespa for the development on McClary Avenue for an estimated cost of $60,000 to be debt financed as per Report PW-38-17. The Motion was Carried.

PW 39-17 - 2017 Sidewalk Replacement Program

A Motion moved by Stephen Carr and seconded by Dan McNeil that the Council of the Corporation of the Municipality of Central Elgin receive report PW-37-17 as information. And that the funds allocated for the 2017 Sidewalk Replacement Program be reserved to be used in 2018. The Motion was Carried.

Director of Financial Services/Treasurer

DFS 22-17 - CERFP-002-17 Architectural Design Services - Fire Station

A Motion moved by Fiona Roberts and seconded by Harold Winkworth that the Council of the Corporation of the Municipality of Central Elgin award Request for Proposal CERFP-002-17, Architectural Design Services - Fire Station to Thomas Brown Architects for a total proposed price of $195,500 exclusive of taxes; And further that the Mayor and Chief Administrative Officer be authorized to sign and execute the contract documents with Thomas Brown Architects as awarded as per Report DFS 22-17. The Motion was Carried.

DFS 23-17 - CE-003-17 2017 Hot Mix Paving

A Motion moved by Fiona Roberts and seconded by Stephen Carr that the Council of the Corporation of the Municipality of Central Elgin award Tender CE-003-17, 2017 Hot Mix Paving Program Parts A, C and D to Dufferin Construction for a total tendered price of $857,947.19 inclusive of taxes, transport, float charges, signage and traffic control including provisionals; And further that the Mayor and Chief Administrative Officer be authorized to sign and execute the contract documents with Dufferin Construction as awarded. The Motion was Carried.

Director of Fire Rescue Services/Fire Chief

FS 09-17 - Monthly Alarm Activities Report

A Motion moved by Harold Winkworth and seconded by Dennis Crevits that the Council of the Corporation of the Municipality of Central Elgin receive Report FS 09-17 June 2017 Monthly Alarm Activities Report as information. The Motion was Carried.

FS 10-17 - Bunker Gear Replacement

A Motion moved by Dan McNeil and seconded by Stephen Carr that the Council of the Corporation of the Municipality of Central Elgin accepts the recommendation from the Director/Fire Chief to purchase 14 sets of bunker gear from Safe Design Apparel Ltd. at a cost of $2,063.00 per set for a total of $28,882.00 plus HST as per Report FS 10-17. The Motion was Carried.

FS 11-17 - Renewal of Automatic Aid Agreement with the City of London

A Motion moved by Dan McNeil and seconded by Harold Winkworth that the Council of the Corporation of the Municipality of Central Elgin accepts the recommendation from the Director/Fire Chief to renew the Automatic Aid Agreement with the City of London as per Report FS 11-17. The Motion was Carried.

By-laws

- A Motion Moved by Stephen Carr and Seconded by Fiona Roberts that By-law 2162, 2163, 2164, 2165, 2166, 2167, 2169, 2170 be taken collectively. The Motions were read 1st, 2nd, and 3rd time and passed collectively. By-law 2168 was moved to Closed Session because of a solicitor recommendation.

By-law 2162 - ZBA - 313 Colborne Street

By-law 2163 - ZBA - 384 George Street

By-law 2164 - OPA - 5144 East Road

By-law 2165 - ZBA - 5144 East Road

By-law 2166 - Confirmatory By-law

By-law 2167 - Being a By-law to Reduce Speed Limit - Springwater Road

By-law 2168 - Being a By-law to Execute a Memorandum of Understanding with Her Majesty the Queen in Right of Canada represented by the Minister of Transport to undertake and implement Risk Management Measures on East and West Pier.

By-law 2169 - Being a By-law to Execute an Automatic Aid Agreement with the City of London

By-law 2170 - Waste Disposal Extension Agreement - Greenlane Landfill

Public Notice

Resolutions

New Business

Sally Martyn commented on an Accessibility Ramp for the Sparta Church Museum Cultural Center. It was thought that the Municipality could build the Ramp because of previous experience dealing with accessibility issues. The Sparta District Historical Society own the property and Sally Martyn is a member and intend to pay for all labour and materials.

A discussion continued on the issues of doing work on non Municipal property, such as insurance coverage, liabilities, having other groups wanting the Municipality to make these Accessibility Ramps. A Motion moved by Dan McNeil and seconded by Dennis Crevits that Council direct Staff to investigate options to construct an Accessibility Ramp at the Cultural Museum in Sparta at no cost to the Municipality, and that all Municipal labour be charged back to the Sparta Historical Society. The Motion was Carried with a recorded vote.

Another issue regarding Off-Road vehicles trespassing on a Municipal property by woodland Road and wellington. Staff was directed to investigate to see what can be done.

An announcement that the Municipalities new website is now active.

An update on the Pumping Station 52 component of the Waste Water Treatment project being that we now have a contractor with a wastewater treatment plant on standby, ready to come in. We are working with the MOE on our dewatering plan with the intent to have the plant onsite and functioning prior to the long weekend in August. Running for about a week should drop the water table to a point where we can finish off the underground work. We are hopeful that by mid August that we have that done.

Unfinished Business

Closed Session - Council went into Closed Session at 2:59 P.M.

CS1 Closed Session Minutes

CS2 Labour Relations or Employee Negotiations (s.239(2)(d)) - Water/Wastewater Operator

CS3 - Proposed or Pending Acquisition or Disposition of Land (s. 239(2)(c) - 14090 Belmont Road

CS4 Litigation or Potential Litigation (239(2)(e) - Statement of Claim

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

CS6 Personal Matters about an Identifiable Individual (s.239(2)(b)) and/or Labour Relations or Employee Negotiations (s.239(2)(d))

Adjournment


Last Updated: Tuesday, 25 July 2017 14:41:07 PM EST

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