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Port Stanley News RSS Feed  News Regular/Planning Meeting Of Council On Monday, June 26th, 2017

News

by Doug Harvey
RegularPlanning Meeting Of Council On Monday, June 26th, 2017

The Corporation of the Municipality of Central Elgin

Regular/Planning Meeting Of Council On Monday, June 26th, 2017

Roll Call - All Councillors present.

Disclosure of Pecuniary Interest and the General Nature Thereof - Fiona Roberts had Pecuniary Interest in Correspondence (Action) item #1 as she is a Belmont Lions Club member and Closed Session item CS1 as she is also an applicant member.

Adoption of Minutes

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

Presentation

1. MBA Diploma
A presentation by Mayor Marr and Deputy Mayor Martyn of a MBA diploma to Central Elgin staff member Emily Schinbein.

Delegations

1. Little Creek Park
Janis Cookson, 109 Old Field Lane, was in attendance to discuss a recent installation of a portable toilet in Little Creek Park.

I am here today to address an apparent lack of accountability, and community consultation regarding the newly placed portable toilet in the neighbourhood Little Creek park. Last month I looked out my west facing back window to discover a portable toilet having been placed in the parking lot of Little Creek park. This was quite a surprise as when I purchased my home six years ago, the then "Green Space" adjacent to my backyard, was intended for neighbourhood use, that would include a "Playground, and an Adult Fitness Area". This neighbourhood park was never intended to offer any services. In fact the Master Recreation Plan, approved by Council states, "A neighbourhood level park to be built on the east side of East Road as this area gets developed".

I attempted to originally address this matter with staff, but was, quite frankly, surprised by the lack of consideration regarding my complaint. I say this because, when I asked to be provided with the rational for the decision, to place a portable toilet in the park in the first place, I received none. I was simply told that the toilet would not be moved.

I never intended to make this a personal attack on anyone, and have attempted to handle this in a professional, reasonable manner by contacting staff before bringing this matter to Council's attention. But when operation's staff were instructed by someone on June 17th, 2017 to move the toilet to the north end of the parking lot, which is now directly in the middle of my property, and in even more plain sight view, I began to wonder. Add to the fact my inquiries somehow missed Council's Meeting Agenda on June 12th, 2017 despite assurances that it was to be discussed. I not sure how I don't take this personally, but will choose to lean towards giving the benefit of the doubt to those involved.

I think that it is safe to say that I have solid understanding of this park use, and it's users, after having lived in the area for the past six years as I have very much enjoyed my outdoor space, and amazing unobstructed sunset views. Given the lack of quantity of measurable information from the County, I suspect that I have made more information to myself, thus making this an accurate statement. My observations as well as my fellow neighbours tell us that park users typically live close by, and their average stay is 20 minutes in length. I don't believe that this type of use requires any type of washroom facility. Also the number of park users on any given weekend ranges from zero to twenty-five at most.

Placing a portable toilet in this park is not only unwarranted, I question if it is good use of my tax-dollars and our resources. Answers to the many why's are still not forthcoming from the County, why do we need a toilet. I was originally told it was to service the park users, and then staff recently have told Council, "It's to service Cyclists because it's on the Waterfront Trail". So which is it? For whatever reason it is, I would argue that there is no need. We have public washrooms available for cyclists in our downtown core, which I would hope Council wants to continue to encourage tourism of all kinds to visit, for the economic impact reasons, first at the top of a hill, with less than a kilometer away from their last stop.

Lastly, Council did not meet its citizens in a consultative manner when it decided to add services to a neighbourhood park. As our community continues to grow, it adds to its diversity, I would suggest Council be more mindful of its accountability to its citizens, that have voted into their respectful positions, ignoring this basic right, and the opportunity for all it's citizens to have a voice is a slippery slope, I am certain that no one wants to go down, particularly in an front of an election year.

In conclusion I am asking Council to remove the portable toilet in Little Creek Park immediately until such times that staff can provide an appropriate report. Unfortunately, I am unable to offer an alternative solution given Council is in direct contravention to its approved intended use and approved plan for this neighbourhood park. And lastly, I am asking Council to provide evidence of the rational and process used to place a portable toilet in Little Creek Park.

Dan McNeil commented that the provision of portable washrooms throughout Central Elgin is a common policy. He also commented that "I view this complaint as entirely unreasonable to the point of being vexatious."

Mayor Marr apologized for not getting this issue on Council's last meeting agenda, and suggested that a privacy fence be put around the portable washroom to provide privacy as an appropriate solution.

Lloyd Perrin commented that the reasons for a washroom in the park was because of residents using the Green Gym equipment and not living close to the park asking for a portable washroom, and the fact that this park is on the route in the County-wide Cycling Master plan.

Council agreed to give staff direction to install a privacy fence around the portable washroom.

Correspondence (Action)

1. Flag - 100th Anniversary of Lions International
Correspondence received from Belmont Lions Club seeking permission from Council to fly a flag at the Belmont Arena in celebration of the "100th Anniversary of Lions International".

A Motion moved by Stephen Carr and seconded by Dennis Crevits that the Council of the Corporation of the Municipality of Central Elgin deny the request received from Belmont Lions Club seeking permission from Council to fly a flag at the Belmont Arena in celebration of the "100th Anniversary of Lions International" as such requests are not in keeping with Council's policies.

The Motion was Carried.

2. 2017 Port Stanley Outdoor Seasonal Vendor Application
2017 Port Stanley Outdoor Seasonal Vendor Application received from Beach Side Treats.

A Motion moved by Dennis Crevits and seconded by Fiona Roberts that the Council of the Corporation of the Municipality of Central Elgin approve the Port Stanley Outdoor Seasonal Vendor Application received from Melissa Holditch of Beach Side Treats subject to the following recommended conditions:

  • The applicant comply with the Port Stanley Outdoor Seasonal Vendor Policy as adopted by Council;
  • 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.

3. Port Stanley Festival Theatre - Special Occasion Permits
Correspondence received from Port Stanley Festival Theatre seeking support from Council for "Special Occasion Permits" on July 6th, July 27 and August 17, 2017.

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 the Port Stanley Festival Theatre's application for a Special Occasion Permit for serving alcohol within the Palmer Room as well as the outdoor Shakir Patio for the three remaining summer performances gala nights of the 2017 season which are July 6th, July 27th, and August 17th, 2017 subject to the satisfaction of Chris McDonough, Director of Fire Rescue Services / Fire Chief, and Leon Bach, Chief Building Official. And further that Council deems these events as events of" municipal significance".

The Motion was Carried.

4. Fence - 244 Edward Street
Correspondence received from Catherine Valentine, 199 Willow Street and Andrew Sloan, Kitchener Avenue respecting fencing and other issues involving 244 Edward Street.

This message concerns the issue of the fence and rocks and cement posts which were erected on Orchard Beach last summer by the residents of 244 Edward St., Port Stanley with the permission of Central Elgin. At the time of this construction, passage along the waters edge was hindered, but still possible. As you must be aware-passage is now impossible because of the high water level.

I am writing to you with a plea to please ask CE to remove the fence back to a reasonable distance from the water. Many of us on Orchard Beach are 5th and 6th generation residents. We who have properties on the water, east of Little Beach, lost 10 to 15 feet of beach in the 1960's when the berm was built. Through no fault of ours, the berm altered the path of the shoreline, and we were never warned or compensated for the loss we suffered at that time. Should we have demanded compensation. I am beginning to think YES!!!!

For well over 100 years my extended family and friends have been able to enjoy safe access to the Village of Port Stanley by way of the beach or by public access paths. My great grandfather in the early days used such a path to carry his family laundry each week into the village and back. I might point out that a journey to the Village on foot along Currie Blvd. is currently very dangerous. The road is narrow, sight lines are poor, and no protection is offered to pedestrians. The trip up steep hills both ways is also prohibitive for seniors and very young children pushed in strollers.

We the residents of Orchard Beach living east of Little Beach want our access to the Village restored along the water's edge below 244 Edward St. and along the public right of way located at the end of Edward St. where the public stairs were allowed to fail, and the resident at 247 Edward St. has constructed a building over the pathway.

A Motion moved by Fiona Roberts and seconded by Harold Winkworth that the Council of the Corporation of the Municipality of Central Elgin direct staff to forward the correspondence received from Catherine Valentine, 199 Willow Street and Andrew Sloan, Kitchener Avenue respecting fencing at 244 Edward Street to the Ministry of Natural Resources and Forestry as said concerns raised involved lands which are owned by the Crown and not by the Municipality.

The Motion was Carried.

5. Old Plains Cemetery
Correspondence received from First Yarmouth Plains Baptist Church respecting proposed licensing agreement to permit erecting new fencing on the grounds of the old Plains Cemetery.

A Motion moved by Stephen Carr and seconded by Dennis Crevits that the Council of the Corporation of the Municipality of Central Elgin agrees in principal to the request from the First Yarmouth Plain Baptist Church respecting new fencing on the grounds of the old Plains Cemetery; And further that Council direct the municipal solicitor to draft a licensing agreement for the said request.

The Motion was Carried.

Correspondence (for Council's Information)

The Motion that Correspondence for Council's Information Items #1 - #5 inclusive be received as information and filed was put forward by Dennis Crevits and seconded by Fiona Roberts.

1. Plan of Subdivision - Little Creek Subdivision, Phase 4
Notice of Final Approval - Plan of Subdivision 34T-CE 1601, Platinum Developments (Elgin) Inc., Little Creek Subdivision Phase 4 received from the County of Elgin

2. Craigholme Estates Ltd. Stage 2
Notice of Final Approval - Plan of Subdivision, Craigholme Estates Ltd. Stage 2 - 34T-01002

3. Joint Accessibility Advisory Committee
Copy of minutes from JAAC meeting dated March 15, 2017.

4. The College of Physicians and Surgeons of Ontario
Correspondence received from the College of Physicians and Surgeons of Ontario seeking submissions for 2018 Council Award.

5. Main Beach Accessibility Additions
Correspondence received from Thames Valley Children's Centre expressing appreciation for accessibility additions at Main Beach.

Reports

Central Elgin Planning Office

CEP 27-17 Mobile Food Vendors & The Village of Port Stanley By-law 1507

A public meeting on proposed amendments to the Village of Port Stanley Zoning By-law 1507 to support allowing mobile food vendors in certain municipally owned areas of Port Stanley was held on March 20th, 2017. At that meeting, Council heard from a number of people from the local community and the mobile food vendors industry.

Of those who spoke during the meeting, those who spoke against the proposed changes provided as their reasoning:

  • mobile food vendors ( MFV) provide no services;
  • MFV' s provide no contributions to the community;
  • they are unfair competition to" brick and mortar" vendors;
  • MFV' s are not paying taxes or BIA fees;
  • MFV' s have nothing invested during the off-season;
  • they will take away business;
  • MFV' s should focus on fairs and festivals;
  • this is not a way for Council to show support for local businesses;
  • Council should concentrate on bringing things for families to do, not food trucks.

Those who spoke in favour of the changes cited as their reasons:

  • MFV's bring variety and a different culture to an area;
  • they can contribute and pay their fair share through fees;
  • MFV' s brings new people, new" vibe" to the community;
  • variety is helpful In making the Village more attractive;
  • MFV's have significant investments in their trucks, typically$ 100k-$ 150k;
  • MFV's want to compliment options, provide choice;
  • suggest do themed festivals—" Taste of Port Stanley"

Current Draft Amendment:
With respect to the current amendment as presented at the public meeting, staff see three possible options for Council:

  • 1. Consider the proposed amendment as presented at the public meeting. Staff can have the amendment prepared for Council' s consideration for the July Council meeting.
  • 2. Consider a modified version of the proposed amendment, with the schedule amended to permit mobile food vendors only in areas where there is little other options for consumers, such as the berm, Little Beach or along the west harbour front. Staff can have a revised amendment prepared for Council' s consideration for the July Council meeting.
  • 3. Table the matter for possible consideration at another time. This will permit Council to see what comes from completion and implementation of other initiatives such as the harbour secondary plan, which may identify other considerations that could influence whether or not mobile food vendors are a desirable use in the harbour area.

Alternative Concept—Mobile Vendor Courtyard:
Recently, staff became aware of an alternative concept for permitting mobile food vendors that may warrant consideration by Council for the Port Stanley community. In Ann Arbour, Michigan there is a place called " Mark' s Carts" located In the downtown. It was essentially a vacant lot on which the owner has set up a mobile food cart courtyard, offering space to a half dozen or so carts along with common seating, shaded areas and occasional entertainment.

At the " Mark' s Carts" location each vendor is provided a water hook-up and electrical power. It is unclear if there are sewer hook-ups. There is an adjacent commercial kitchen provided for food preparation ( the vendors use larger food carts as compared to food trucks). The facility is inspected by the local health unit.

This concept may work to address some of the concerns of those that opposed the current draft by-law amendment. Vendors would be connected to municipal services. Conceivably portable washroom facilities could be brought In, with hand washing stations. A fee could be charged to ensure vendors pay their" fair share" towards municipal costs. A location that Is underserved, such as the berm/ Little Beach area may warrant consideration of just such a concept.

The mobile food vendor courtyard is in keeping with the concept proposed by Millier Dickinson Blais ( MDB) in the 2013 Harbour Economic Development Plan for mobile food kiosks. As a part of Phase 1, MDB recommended that the Municipality" Create an area for the establishment of moveable food carts/ trucks and retail kiosks. This area is expected to be seasonal, to provide opportunities for food and retail sales to summer tourists. Festivals can also be held to promote the food vendors and encourage summer tourists to come out to the harbour." Among the key recommendations, summarized in Section 5. 4 of the report, is included" While it is recognised that there are a range of commercial services in proximity to the harbour, principally in Port Stanley' s 'downtown', there is a need to develop greater choice services including additional destination retail opportunities and food and beverage venues while at the same time sprucing up the existing streetscape."

The MDB report identified an area south of Lotus Street and east of the southerly end of William Street as a potential location for mobile vendors and food carts. However, this location is not in keeping with the Port Stanley Outdoor Seasonal Vendor Policy - Policies, Rules and Regulations which require a 50 metre separation distance from a permanent establishment. The berm/ Little Beach area may offer an opportunity to try such a concept should Council wish to proceed.

After some discussion Council decided to go with option three which defers this decision. A Motion moved by Sally Martyn and seconded by Harold Winkworth that Report CEP.27.17 be received; And further that Council table the matter of Mobile Food Vendors and The Village of Port Stanley By-law 1507 for possible consideration at another time. As this will permit Council to see what comes from completion and implementation of other initiatives such as the harbour secondary plan, which may identify other considerations that could influence whether or not mobile food vendors are a desirable use in the harbour area.

The Motion was Carried.

CEP 30-17 Application for a Consent No. E35_17 - George Anastasiadis and Soultana Matous-Anastasiadis, 580 George Street, Port Stanley

A Motion moved by Harold Winkworth and seconded by Stephen Carr that the Council of the Corporation of the Municipality of Central Elgin has no objections to Consent Application No. E35/17 - George Anastasiadis and Soultana Matous - Anastasiadis 580 George Street subject to the following conditions:

  • the applicant shall submit studies addressing the Natural Heritage and Natural Hazard policies of the Official Plan to the satisfaction of the Municipality of Central Elgin;
  • approval of a zoning by-law amendment to permit residential use of the subject lands;
  • the residential dwelling be removed from the subject lands to the satisfaction of the Municipality of Central Elgin;
  • the payment of cash-in-lieu of the dedication of 5% of the land for parkland purposes;
  • the proponent enter into a development agreement with the Municipality of Central Elgin to address administrative, technical and financial matters related to the development of the lot;
  • and a copy of the reference plan be provided to the Municipality of Central Elgin.
  • and a drainage reassessment be done if necessary at the owners expense.

The Motion was Carried.

CEP 31-17 Application for a Consent No. E37_17 - Lynn William Phoenix, 43190 Sparta 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 No. E37_17 - Lynn William Phoenix, 43190 Sparta line subject to the following Conditions:

  • the severed land be merged with 43192 Sparta 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 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 32-17 Application to Amend Township of Yarmouth By-law 1998 - Platinum Developments (Elgin) Inc., Little Creek Phase 3

A Motion moved by Dennis Crevits and seconded by Harold Winkworth that Report CEP.32.17 be received; And that direction be given by Council to prepare a site-specific draft amendment to the Zoning By-law to implement a proposed draft plan of subdivision on lands which may be legally described as Part of Lot 2, Concession 1, geographic Township of Yarmouth, now Municipality of Central Elgin; And further that a date for a public meeting be scheduled for July 24th, 2017 at 12:10 p.m. in accordance with Ontario Regulation 545/06 as amended.

The Motion was Carried.

CEP 34-17 Application to Amend Township of Yarmouth By-law 1998 - Ontario Infrastructure and Lands Corporation, Proposed Holding Zone

A Motion moved by Fiona Roberts and seconded by Stephen Carr that Report CEP.34.17 be received; And that direction be given by Council to prepare a site-specific draft amendment to the Zoning By-law to implement a proposed holding zone on a portion of the lands owned by Ontario Infrastructure and Land Corporation, which may be legally described as Part of Lots 3, 4, 5, 6 and 7, Concession 6, geographic Township of Yarmouth, now Municipality of Central Elgin; And further that a date for a public meeting be scheduled for Monday, July 24th, 2017 at 12:00 p.m. in accordance with Ontario Regulation 545/06 as amended.

The Motion was Carried.

Chief Administrative Officer

Director of Physical Services

PW 34-17 Springwater Road Speed Reduction

A Motion moved by Stephen Carr and seconded by Harold Winkworth that the Council of the Corporation of the Municipality of Central Elgin support the reduction in speed limit to 50 km/hr from 80 km/hr on Springwater Road from John Wise Line to 300 meters south And that Council direct staff to prepare a by-law to reduce the posted speed limit on Springwater Road from John Wise Line to 300 meters south to 50 km/hr as per report PW 34-17.

The Motion was Carried.

PW 37-17 Pumping Station 52 - Project Update

A Motion moved by Stephen Carr and seconded by Fiona Roberts that the Council of the Corporation of the Municipality of Central Elgin receive report PW-37-17 Pumping Station 52 - Project Update be received as information. The Motion was Carried.

Report: As Council is aware the Pumping Station 52 component of the Waste Water Treatment project was commenced on April 10th, 2017. As a result of contaminated ground water being encountered during the dewatering operations the underground sewer component of the project was halted. This was necessary to address the treatment of the water being pumped from the ground and amending the Permit To Take Water (PTTW) which the municipality previously received from Ministry of Environment and Energy. The municipality's consultant, Stantec, has been diligent with working with MOECC to address concerns and compiling the necessary technical work and information required to support a new PTTW.

The municipality's contractor HIRA has struggled to react to finding a subcontractor that is able to provide the necessary treatment equipment to address the situation. As a result, Stantec has assisted and sourced private third party subcontractors that are capable of treating the water from the dewatering operation prior to discharge to the natural environment. Stantec has been able to source the contractor and receive a work plan from one contractor to complete the work and has since shared that with HIRA.

Schedule implications. Given the time required to finalize the PTTW approvals for the operation and getting the plant mobilized it is anticipated that the dewatering operation can commence by July 21st.

Depending on timing to lower the groundwater to a level that will facilitate the underground works, the underground sewer should be installed by mid August with restoration to happen immediately after. This should be the last of the work at this site as construction on the building is still progressing. We would note that there have been considerable delays to the remainder of the Pump Station Project due to equipment break downs of the subcontractor installing the coffer damn to facilitate the wet well. In addition to this there have been orders imposed on the subcontractor installing the coffer dam from the Ministry of Labour which caused the work to be ceased on the wet well installation for a period of thirteen calendar days.

Financial Considerations To mobilize and operate a portable plant to undertake the treatment can not be priced as a definite lump sum cost for a number of reasons: The time it takes to install the underground piping that the dewatering operation is being undertaken for is somewhat unknown. The pump rates to maintain the appropriate working conditions for the installation of the trunk sewer is unknown. These pump rates will affect the level of treatment effort that is required to provide the necessary water quality before discharging. There are a number of consumables such as clay and carbon that are necessary to perform the treatment. The amount of consumables will be determined by pump rates and the levels of contamination of the ground water.

While we can not provide a firm cost for the mobilization and utilization of the treatment plant we can estimate that the impact on the project could be as high as $230,000. While this is significant it is necessary to complete the project. Staff would also confirm that there is sufficient monies contained within the contingency allowance for the project to cover the costs.

Director of Financial Services/Treasurer

Director of Fire Rescue Services/Fire Chief

FS 07-17 Purchase a 2017 Rescue Water Craft

A Motion moved by Fiona Roberts and seconded by Stephen Carr that the Mayor and Council approve the purchase of a Rescue Water Craft for the purpose of water rescue and patrolling beach areas from Andrew Sports in the amount of $9,500 plus HST and registration for a total $10,885; And further that Council accepts the financial donation of $6,000 from the Port Stanley Firefighters Association towards said purchase; And further that the balance of the purchase will be funded from a further donation from the Port Stanley Firefighters Association or a donation received from a local service club as per report FS 07-17. The Motion was Carried.

FS 08-17 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 08-17 May, 2017 Monthly Alarm Activities Report as information. The Motion was Carried. information.

By-laws

A Motion moved by Dennis Crevits and seconded by Fiona Roberts that By-law 2159, 2160, 2161 be taken collectively. The Motions were read 1st, 2nd, and 3rd time and passed collectively.

By-law 2159 Confirmatory By-law

By-law 2160 Being a By-law to Execute a Licensing Agreement with Juan Castro - Port Stanley Water Sports

By-law 2161 Development Agreement - Prespa Construction Ltd., 159 St. George Street

Public Notice

Resolutions

New Business

Harold Winkworth commented on finding a solution for speeding on Crescent, Saint George, McBain, and Centennial. After talking with a resident, a suggestion was put forward about photo-radar, and if that type of action would work for these roads that have a speeding problem.

Mr. Leitch responded saying that staff could bring back a report on the legal aspects and potential costs to incorporate photo-radar as a deterrent to speeding, plus any other speed deterrent's that maybe incorporated.

Lloyd Perrin commented that the Federal Government will be tendering the contract for risk management measures for the Harbour lands in the next week to ten days with the intent to start sometime in August, 2017 and with a final completion date in March, 2018.

Unfinished Business

Closed Session

- Council went in to Closed Session at 8:40 P.M.

CS1 A Proposed or Pending Acquisition or Disposition of Land (s.239(2)(c)) - HUB

CS2 A Proposed or Pending Acquisition or Disposition of Land (s.239(2)(c)) - River Road road allowance

CS3 Labour Relations or Employee Negotiations (s.239(2)(d)) and/or Personal Matters about an Identifiable Individual (s.239(2)(b))

CS4 Labour Relations or Employee Negotiations (s.239(2)(d)) - Fire Prevention Officer Recruitment

CS5 Litigation or Potential Litigation (s.239(2)(e)) - Former Municipal-owned Property

CS6 Solicitor-Client Privilege (s.239(2)(f)) - Port Stanley Beach Vendors Distribution of Materials

CS7 Litigation or Potential Litigation (s.239(2)(e)) - FOI Application

Adjournment

Last Updated: Tuesday, 27 June 2017 17:23:35 PM EST

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