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Port Stanley News RSS Feed  News Regular Meeting Of Council On Monday, June 12th, 2017

News

by Doug Harvey
Regular Meeting Of Council On Monday, June 12th, 2017

The Corporation of the Municipality of Central Elgin

Regular Meeting Of Council On Monday, June 12th, 2017

Roll Call - All Councillors present.

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

Adoption of Minutes

Minutes of the Regular/Planning Meeting of Council dated May 23, 2017 were adopted.

Presentation

1. Dowler Karn Limited
Dave Karn of Dowler Karn Limited was in attendance to be recognized for their support of the Liquid Gas Petroleum training exercise and education session for Central Elgin Fire Rescue volunteer firefighters that took place at the St. Thomas Airport on April 8th & 9th, 2017.

Though not on the agenda Mayor David Marr mentioned that Donald Leitch, Central Elgin's Chief Administrative Officer had received a 25 year award for service as a Municipal Administrator from the Ontario Municipal Administrators Association.

Delegations

1. Affordable and Supportive Senior Housing in Port Stanley
Wendy MacMillan, Chair of the sub-committee of Port Stanley Village Association was in attendance to discuss affordable and supportive senior housing in Port Stanley.

Pre-reading Material for Review as provided to Council

"In March of 2017, the PSVA struck a sub-committee of members to investigate options for Future Senior Living in Port Stanley, to ensure that affordable housing and other supports that allow seniors to continue to reside in Port Stanley as they age, if they so wish, are considered as the future development of our village is planned. Over 31% of our village population is 65 and over as of the 2016 Census and this will only increase over the next 20 years."

"The PSVA would like to investigate the feasibility of Central Elgin (CE) developing a seniors' apartment building, preferably located on Port Stanley harbour, with a mix of affordable rental accommodation at the low/medium end of the market and with a predefined number of rent subsidies available for those who qualify, based on income. The design of the building to include communal space and other features, as financing permits, that encourage a sense of community, companionship and “looking out for each other” but not for providing medical care. That could be contracted for by residents through organizations such as CCAC."

"Ideally the site would be located adjacent to the Dominion of Canada (DOC) building to be close to the amenities in the village, and with a possible beneficial joint-use arrangement, if the future use and development of the DOC building was conducive to this. However, we also recognize, as tax payers, that this is prime land that could be sold to support the long term financial sustainability that the harbour requires."

"The second option is to locate the building on the east side of the harbour, on the Berm, preferably close to the foot of the hill near Little Beach to provide shelter and with close access to the facilities of the village. The non-profit use of the space might allow CE to avoid the issue of "windfall profits" under the Transport Canada agreement."

"Although a harbour site would be preferred, and would further demonstrate a commitment to enjoyment of the harbour for residents at an affordable level, other serviced sites that provide walk able access to village amenities could also be considered."

"Ideally ownership would be vested in the existing CE Non-Profit Housing Corporation, thereby using the legal and administrative structure, and expertise developed from the ownership and management of the Kettle Creek Villa, the existing seniors’ building. This would facilitate funding and financing options, take advantage of potential cost savings and provide a logical home for managing an expanding portfolio of affordable housing as described in the CE Strategic Plan."

"Funding for the project could include the contribution of the land by CE and other considerations such as waiving or reducing development fees or property taxes. It could also include tapping into funding currently available from CMHC and other government sources , innovative funding grants, potentially community charitable donations and anticipated future funding from the federal government related to the surging need for more senior’s housing as the population ages."

"The PSVA intends to continue the work of the committee related to affordable housing and perhaps to advocate with the broader community for other issues that are required to support older residents in Port Stanley, such as health care, transportation, civic engagement and recreation. This committee would be willing to partner with CE to help steer the development of a senior’s building if Council decides to move forward."

"We are aware that a venture of this kind needs detailed market analysis to make decisions about the size and design of the building and to ensure the project will be financially sustainable. The PSVA is applying for a grant of up to $25,000 from the federal government New Horizons for Seniors Program to assist with this analysis, with the hope that this initiative will receive the support of Council."

After the all Delegations at tonight's meeting had finished presenting, Council proceeded to Report DFS 19-17 - Federal New Horizons Grant Program.

A Motion moved by Sally Martyn and seconded by Dennis Crevits that the Council of the Corporation of the Municipality of Central Elgin receives report DFS 19-17 as information;
And Further That the Council of the Corporation of the Municipality of Central Elgin authorize staff to assist the subcommittee of the Port Stanley Village Association (PSVA) in applying for grant funding under the Federal New Horizons Grant Program;
And Finally That upon obtaining grant funding, Central Elgin would create a trust fund naming the PSVA as the benefactor and administer said funds on their behalf.

A discussion followed with Dan McNeil commenting that by passing this motion that this would be the first step in this initiative by getting the funding for the program. The second step would be folding the PSVA identification of the need into the Harbour Secondary Plan. He said that he also advised the PSVA that the financial stability of the Harbour is an important and that any decision in favour of subsidized Housing would have to be carefully examined by Council. Mayor Marr also commented that he has been aware of the need for senior affordable housing in Port Stanley for a long time and that Council has been waiting for a program like this to address senior affordable housing in Port Stanley and other areas of the Municipality.

The Motion was Carried.

2. Davis Street
Grant Bentley of 16 Davis Street, was in attendance to discuss the Close and Sale of Westerly Part of Davis Street road allowance.

Mr. Bentley stated that he had some concerns with the survey he received in the most recent letter from Donald Leitch because of missing existing property information that was not being updated to reflect the current layout. He also had concerns with how the road allowance was to be divided.

Harold Winkworth commented that he visited the property, was aware of the issues and that he also had concerns with the survey missing information making the proposed divisions of the Davis Street road allowance inaccurate. He also hoped that this matter would get a second look to insure that it would be done right.

A Motion moved by Steven Carr and seconded by Dennis Crevits that the Council of the Corporation of the Municipality of Central Elgin declare the western part of the Davis Street road allowance legally described as parts 1, 2, 3, and 4 reference plan 11R-127 to be surplus to the Municipalities needs;
Declaring Council's intentions to pass a by-law to close the said road allowance and convey the lands to the abutting property owners for a nominal sum, plus legal and survey costs;
Authorizing staff to initialize the procedures to close and sell the road allowance, and give notice of the intention to close and sell as set out in Council's Sale, Other Dispositions and Land Policy, and Public Notices By-law;
And determine that section 2B Appraisal of the Sale and Other Disposition Land Policy does not apply as the property to be sold is a Road Allowance to be conveyed to abutting property owners as per Report CAO 46-17.

The Motion was Carried.

Correspondence (Action)

1. 2017 Vendor Application
2017 Vendor Application received from Reel Peal - Cayleah Matthews

A Motion moved by Dan McNeil and seconded by Sally Martyn that the Council of the Corporation of the Municipality of Central Elgin approve the Port Stanley Outdoor Seasonal Vendor Application received from Cayleah Matthews of Real Peel subject to the following recommended conditions:

  • The applicant provide Liability Insurance in the amount of $5,000,000.00 naming the Corporation of the Municipality of Central Elgin as co-insured and held harmless;
  • and That the applicant provide payment of applicable fees;
  • And Further That Council Authorize staff to approve the location for said permit for 2017.

The Motion was Carried.

Correspondence (for Council's Information)

The Motion that Correspondence for Council's Information Items #1 - #15 inclusive be received as information and filed was put forward by Fiona Roberts and seconded by Harold Winkworth.

Sally Martyn was happy with item #9 - Ontario Municipal Board decision concerning the Neville Appeal in that it was basically the same recommendation as decided at Council.

The Motion was Carried.

1. Cost of Electricity
Copy of correspondence sent from the Township of Cavan Monaghan to the Honourable Kathleen Wynne, Premier and Lynn Dollin, President, AMO, respecting "Cost of Electricity".

2. Tax-Exempt Portion of Remuneration Paid to Local Officials
Correspondence received from Municipality of East Ferris advising of their support for Cheryl Gallant, Member of Parliament, letter regarding the Trudeau Liberals removing the tax-exempt portion of remuneration paid to local officials.

3. Heritage Central Elgin
Copy of minutes of the Heritage Central Elgin meeting dated May 24, 2017.

4. OPP - Municipal Policing Bureau
Correspondence received from Ontario Provincial Police advising of progress that Municipal Policing Bureau has made on certain projects.

5. County of Elgin - Land Division Committee
Notice of deferral received from the County of Elgin Land Division Committee respecting E19/17 - Ryan Featherstone and Ying Li, 509 Edith Cavell Blvd.

6. Elgin/St. Thomas Racing Against Drugs Program
Correspondence received from Elgin St. Thomas Racing Against Drugs Coalition thanking Council and staff for their support and assistance in making the program a success.

7. Canada 150
News Release received from Karen Vecchio, MPP, Elgin-Middlesex-London and Jeff Yurek, MP, Elgin-Middlesex-London regarding "Recognizing Service and Community Involvement during Canada's 150th Birthday".

8. End to Payments Out of Court for Municipalities
Correspondence received from the Municipality of Killarney regarding "Charges Under consideration to the Municipal Act, 2001 - Re: End to Payments Out of Court for Municipalities".

9. Ontario Municipal Board - Neville Appeal
Copy of Decision received from Ontario Municipal Board respecting Donald Neville, 44400 Talbot Line, Zoning By-law Appeal

10. Ministry of Natural Resources and Forestry
Correspondence received from Ministry of Natural Resources and Forestry, Natural Resources Conservation Policy Branch respecting, Notification of Environmental Registry Posting regarding the Proposed Outcome of the Conservation Authorities Act Review.

11. Heritage Port Stanley
Correspondence received from Heritage Port Stanley thanking Council for support of the Heritage Sign Project.

12. Ontario Energy Board
Notice from Ontario Energy Board respecting rate increases

13. MP/MPP Luncheon
Email correspondence received advising of MP/MPP Luncheon scheduled for June 28

14. The Proposed Building Better Communities and Conserving Watershed Act
Correspondence received from Ministry of Municipal Affairs respecting "The Proposed Building Better Communities and Conserving Watershed Act".

15. MNO Solar FIT 4
Correspondence received from HATCH respecting proposed solar project - Centennial Road Solar Project

Reports

Committee(s)

Special Events Committee - 2018 Polar Bear Dip

A Motion moved by Sally Martyn and seconded by Steven Carr that the Council of the Corporation of the Municipality of Central Elgin approve the Special Events Permit for the 2018 Polar Bear Dip at Little Beach in Port Stanley to be held on Saturday, March 24, 2018 subject to the following conditions:

  • The organizers of the event complying with the Special Events Policy as adopted by Council;
  • The execution of the Special Events Property Rental Agreement as approved by Council;
  • Liability Insurance he 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;
  • The applicant being responsible for contacting St. John's Ambulance or a similar organization to be on site during the event;
  • The applicant being responsible to acquire permissions/approvals from Transport Canada respecting use of a drone for the event.

The Motion was Carried.

Special Events Committee - 2017 Harbourfest - Children's Play Area

A Motion moved by Fiona Roberts and seconded by Dennis Crevits that the Council of the Corporation of the Municipality of Central Elgin approve the addition of a Children's Play Area to the Special Event Application for 2017 Harbourfest Event scheduled for August 4 to August 7, 2017 subject to the following conditions:

  • Confirmation from the Municipality's insurance provider, BEL, that the proposed play items for the "Children's Play Area" are to their satisfaction;
  • That $5,000,000.00 Liability Insurance be provided from the company supplying the play items for the Children's Play Area naming the Corporation of the Municipality of Central Elgin as co-insured and held harmless;
  • And That the final location for the "Children's Play Area" be approved by the Director of Physical Services

The Motion was Carried.

Chief Administrative Officer

CAO 41-17 - May 2017 Monthly Building Report

A Motion moved by Sally Martyn and seconded by Fiona Roberts that the Council of the Corporation of the Municipality of Central Elgin receive CAO 41-17 - May 2017 Monthly Building Report as information. The Motion was Carried.

CAO 42-17 - Sesquicentennial Time Capsule Project Update

A Motion moved by Harold Winkworth and seconded by Steven Carr that the Council of the Corporation of the Municipality of Central Elgin confirms that they no longer wish to pursue a Sesquicentennial Time Capsule Project as per Report CAO 42-17. The Motion was Carried.

CAO 43-17 - Port Stanley Beach Vendor Application - Brensco

A Motion moved by Steven Carr and seconded by Sally Martyn that the Council of the Corporation of the Municipality of Central Elgin approve the Port Stanley Outdoor Seasonal Vendor Application received from Scott Tuff of Brensco, subject to the following recommended conditions:

  • The applicant comply with the Outdoor Vendor Permit Policy as adopted by Council;
  • The applicant provide liability insurance in the amount of $2,000,000 naming the Corporation of the Municipality of Central Elgin as co-insured and held harmless;
  • The applicant provide payment of the vendor space fee.
  • And Further That Council Authorize staff to approve the location for said permit for 2017.

Sally Martyn commented that she was worried that much of the free material that would be handed out would end up being Central Elgin's responsibility to clean up. Dan McNeil commented that he was opposed to this application because this operation does not follow the concept of buying goods and services to make the experience at the Beach more pleasurable and "I don't see how this fits". Fiona Roberts commented that she agreed with Dan McNeil and that if allowed would allow anything under the permit. Harold Winkworth also agreed with what had been said already and advised that seeking legal advice on this application would be a good course of action for this sensitive issue. Karen Harris commented that historically Vendor permits have been approved before, for the distribution of free literature and materials. Tourism, and the Navy are past examples for Council to consider. Donald Leitch commented that people would have to approach the Applicant for materials and because of this would not be in violation of Central Elgin's Vendors Policy. The decision concerning this Vendor Permit was deferred pending a legal opinion.

CAO 44-17 - Annual Review of the Health & Safety Policies & Policy Statement

A Motion moved by Dennis Crevits and seconded by Steven Carr that the Council of the Corporation of the Municipality of Central Elgin review the written occupational health and safety policy statement, and direct that a signed copy be posted in the workplace, as stated in the Occupational Health and Safety Act; AND THAT Council of the Municipality of Central Elgin be informed that the Administrative and Outside Workers health and safety committees performed their annual review of the health and safety policies as per Report CAO 44-17. The Motion was Carried.

CAO 45-17 - Elgin County Road Maintenance Agreement

A Motion moved by Sally Martyn and seconded by Fiona Roberts that the Council of the Corporation of the Municipality of Central Elgin endorse the Municipality of Bayham resolution dated June 1, 2017 respecting the Elgin County Road Maintenance Agreement; And Further that a copy of the resolution be forwarded to the lower-tier municipalities in Elgin County and the Deputy Director of Engineering Services for the County of Elgin as per Report CAO 45-17. The Motion was Carried.

CAO 46-17 - Davis Street Road Closing - Dealt with during Delegations.

CAO 47-17 - Addendum to Development Charges Background Study

A Motion moved by Harold Winkworth and seconded by Dennis Crevits that the Council of the Corporation of the Municipality of Central Elgin receive Addendum to: Municipality of Central Elgin 2017 Development Charge Update Study, May 30, 2017; and authorizing staff to reschedule the public meeting, should it be necessary because of timing, to consider the Development Charges Background Study and proposed By-law.

Donald Leitch commented that the public meeting will be rescheduled to July 24th, 2017 and the next Council meeting in August for the By-law consideration. The Motion was Carried.

CAO 48-17 - Erie Heights Subdivision Property Transfer

A Motion moved by Fiona Roberts and seconded by Steven Carr that the Council of the Corporation of the Municipality of Central Elgin authorize the Mayor and the Clerk to execute any documents related the conveyances of lands as described in report CAO 48-17 - Erie Heights Subdivision Property Transfer. The Motion was Carried.

CAO 49-17 -Aquatic Safety Audit Status Report on Audit Recommendations, Port Stanley Harbour, West Breakwater

A Motion moved by Sally Martyn and seconded by Steven Carr that the Council of the Corporation of the Municipality of Central Elgin receive and adopt the report, Aquatic Safety Audit Status Report on Audit Recommendations, Port Stanley Harbour, West Breakwater, November 23, 2016, Lifesaving Society as per Report CAO 49-17.

Mayor Marr commented that the safety rings are now inside the easily seen red container and should stop damage from vandals. Mr. Perrin commented that vandals have already taken one after being installed just the week before. The Motion was Carried.

Director of Physical Services

PW 31-17 - McClary Ave Sanitary Servicing

A Motion moved by Dennis Crevits and seconded by Harold Winkworth that the Council of the Corporation of the Municipality of Central Elgin receive report PW-31-17 as information; And That Council confirm that it's preferred method of providing sanitary service to the lots on McClary Avenue is by the installation of a properly designed Sanitary Sewer Main; And Further That Council directs the developer to cover the cost of the installation of the sanitary sewer main. The Motion was Carried.

PW 33-17 - 2017 Hot Mix Paving Program

A Motion moved by Dan McNeil and seconded by Sally Martyn that the Council of the Corporation of the Municipality of Central Elgin That Council of the Municipality amend the streets included in the hot mix paving program from what was shown in the 2017 Physical Services Budget as per Report PW 33-17. The Motion was Carried.

Director of Financial Services/Treasurer

DFS 18-17 - Microsoft Office 2007 Upgrade

A Motion moved by Fiona Roberts and seconded by Steven Carr that the Council of the Corporation of the Municipality of Central Elgin receives report DFS 18-17 as information;
And Further That Council approves CPR DFS-18-17 Microsoft Office 2007 Upgrade including the expenditure and financing values. The Motion was Carried.

DFS 19-17 - Federal New Horizons Grant Program - Dealt with after Delegations.

DFS 20-17 - CE-011-17 2017 Pleasant Valley Line Bridge Rehabilitation

A Motion moved by Harold Winkworth and seconded by Dan McNeil that the Council of the Corporation of the Municipality of Central Elgin award Tender CE-011-17, Pleasant Valley Line Bridge Rehabilitation to Gary D. Robinson Contracting for a total tendered price of $159,327.97 inclusive of taxes, transport, float charges, signage and traffic control; And Further That the Mayor and Chief Administrative Officer be authorized to sign and execute the contract documents with Gary D. Robinson Contracting Ltd. as awarded as per Report DFS 20-17. The Motion was Carried.

Director of Fire Rescue Services/Fire Chief

By-laws

A Motion moved by Sally Martyn and seconded by Dan McNeil that By-law 2156, 2157, 2158 be taken collectively. The Motions were read 1st, 2nd, and 3rd time and passed collectively.

By-law 2156 - ZBA - Magri, 42338 Fruit Ridge Line

By-law 2157 - Confirmatory By-law

By-law 2158 - Removal of Holding Symbol - Prespa - Jacklin Farm - Phase 2 and Condo Block

Public Notice

Resolutions

New Business

Mayor Marr commented that after talking with the Hofhuis Family, our MP, and MPP the date, June 24th 2017 at 12:30 P.M. has been decided upon for the dedication ceremony for Hofhuis Park. Port Stanley downtown businesses are also concerned with the parking signs having only a one hour parking limit because many patrons visiting the restaurants and shops would be spending longer than an hour.

Closed Session

- Council went in to Closed Session at 8:36 P.M.

CS1 Closed Session Minutes

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

Adjournment

Last Updated: Tuesday, 13 June 2017 16:05:34 PM EST

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