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Port Stanley News RSS Feed  News Regular/Planning Meeting Of Council On Monday, January 29th, 2018

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by Doug Harvey
RegularPlanning Meeting Of Council On Monday, January 29th, 2018

The Corporation of the Municipality of Central Elgin

Regular/Planning Meeting Of Council On Monday, January 29th, 2018

Addendum - There was three additions to the agenda for tonight's meeting, the first was Report CEP 10-18, the second was By-law 2226, and the last was in Closed Session - CS3 Security of Property (s.239(2)(a)) - Central Elgin Fire Rescue

Roll Call - Stephen Carr and Fiona Roberts were absent.

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

Adoption of Minutes - No Minutes

Delegations - No Delegations

Correspondence (Action)

1. Alcohol and Gaming Commission of Ontario - Liquor Licence Request - 145 William Street
AGCO Application received from Burger Punk, 145 William Street, Port Stanley, seeking approval for a new liquor licence for indoor and outdoor areas of the subject property.

A Motion moved by Sally Martyn and seconded by Dan McNeil that the Council of The Corporation of the Municipality of Central Elgin has no objections to a request from Jeff Sheeler of Burger Punk for a new liquor licence respecting 145 William Street in Port Stanley; And that said liquor licence be for the indoor premises only subject to the agency approvals assigned by the Chief Building Official Leon Bach and the Director of Fire Rescue Services/Fire Chief Chris McDonough; And further that the Municipal Clerk be authorized to sign the Alcohol and Gaming Commission of Ontario Municipal information form.

Mr. Leitch commented that the applicant was applying for a liquor licence for both the indoor premises and a outdoor patio on the north side of the building. Having an licenced outdoor patio in this location either eliminates the parking or makes it difficult to safely access the existing parking lot that is in the site plan. That is why the Motion before Council is for the approval of the liquor licence for the indoor premises only.

Councillor McNeil commented that if an outdoor liquor licence was not approved, and a patio area was built outside in the proposed parking area, they could then serve food, and the parking would remain the same. Mr. Leitch commented that a title search is underway to see if there is an existing site plan agreement concerning parking on title, if there is an agreement and a patio is built in that area then that will be in violation of the site plan agreement. If they take away parking they may no longer be in compliance with the zoning by-law which would result in an action to enforce the zoning by-law.

Councillor Crevits commented if an alternate location was proposed for the patio that would not change the current parking area, if that could be approved. Mayor Marr commented that because of the location of the entrance into the parking lot being so close to the building there would not be enough room for both parking and patio. Mr. Leitch and Mayor Marr both agreed that the best course of action for the applicant was to come talk to the Municipality to see what can and can't be done. The Motion was Carried.

2. Municipal Class Environmental Assessment Process
Copy of correspondence received from OGRA seeking support for Municipal Class Environmental Assessment (MCEA) process.

A Motion moved by Dan McNeil and seconded by Sally Martyn that the Council of The Corporation of the Municipality of Central Elgin supports the correspondence received from the OGRA regarding reforms to the Municipal Class Environmental Assessment (MCEA) process. The Motion was Carried.

3. Liquor License Application #105842 - Belmont Oldtimers Hockey
Request from Belmont Oldtimers Hockey respecting upcoming annual Hockey Tournament and need for municipality to confirm that the annual tournament being held from February 15 to February 18, 2018 is a municipally significant event.

A Motion moved by Dan McNeil and seconded by Harold Winkworth that a request for AGCO Liquor License Application #105842 received from the Belmont Oldtimers Hockey respecting their annual Hockey Tournament being held from February 15 to February 18, 2018 be declared a municipally significant event; Further that Council confirm a submission of a letter of support from Donald N. Leitch, Chief Administrative Officer/Clerk. The Motion was Carried.

Correspondence (for Council's Information)

A Motion that Correspondence for Council's Information Items #1 - #8 excluding #5 be received as information and filed was Carried.

Another Motion just for item #5 was moved by Sally Martyn and Dennis Crevits that the Council of The Corporation of the Municipality of Central Elgin supports the correspondence received from the Town of Lakeshore respecting "Allocate Infrastructure Funding Dedicated to Municipalities for Storm Water Management and Drainage Improvements". The Motion was Carried.

1. Stewardship Ontario
Correspondence received from Stewardship Ontario respecting Industry Funding for Municipal Blue Box Recycling for the Third Quarter of the 2017 Program Year.

2. Bill 139 - the Building Better Communities and Conserving Watersheds Act, 2017
Correspondence received from MMA (OMB Review) respecting passing of Bill 139, the Building Better Communities and Conserving Watersheds Act, 2017.

3. Opening of Legalized Cannabis Stores
Correspondence received from Too Far. Too Fast Canada respecting opening of legalized cannabis stores in the community.

4. Fair Workplaces, Better Jobs Act (Bill 148)
Correspondence received from the Township of Muskoka respecting Bill 148.

5. Government Funding for Storm Water Management and Drainage Improvements
Copy of correspondence received from Town of Lakeshore respecting "Allocate Infrastructure Funding Dedicated to Municipalities for Storm Water Management and Drainage Improvements".

6. Dalewood Campground - Water Service
Copy of correspondence received from Kettle Creek Conservation Authority extending gratitude to Council for their decision to fund the Dalewood Campground water service.

7. Joint Accessibility Advisory Committee (JAAC)
Copy of correspondence received from the County of Elgin advising that Councillor Sally Martyn has been re-appointed to the JAAC for 2018.

8. YMCA
Correspondence received advising that the YMCA's across Southwestern Ontario have agreed in principle to work toward a united, single, regional YMCA and a comprehensive review has been conducted.

Reports

Central Elgin Planning Office

CEP 01-18 Application for a Consent No. E104/17 - James Campbell, 45594 Ferguson Line

A Motion by Sally Martyn and Seconded by Dennis Crevits that the Council of the Corporation of the Municipality of Central Elgin has no objections to Consent Application No. E104/17 - James Campbell, 45594 Ferguson Line subject to the following conditions:

  • approval of a zoning by-law amendment to prohibit any new residential dwellings on the retained lot;
  • 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 02-18 Application for a Consent No. E105/17 - James Campbell, 45575 Ferguson Line

A Motion 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 No. E105/17 - James Campbell, 45575 Ferguson Line subject to the following conditions:

  • approval of a zoning by-law amendment to prohibit any new residential dwellings on the retained lot;
  • 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 03-18 Application for a Consent No. E103/17 - Andrew and Robert Sloan, 11143 & 11157 Highbury Avenue A Motion by Dennis Crevits and Seconded by Sally Martyn that the Council of the Corporation of the Municipality of Central Elgin has no objections to Consent Application No. E103/17 - Andrew and Robert Sloan, 11143 & 11157 Highbury Avenue subject to the following conditions:

  • approval of a zoning by-law amendment to restrict the use of the severed lot to a retail farm market and uses accessory to the foregoing;
  • the payment of cash-in-lieu of the dedication of 2% of the land for parkland purposes;
  • 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 09-18 Application for a Consent No. E01/18 - Donald Forbes McNeil & Velma Doreen McNeil, 44157 Fruit Ridge Line

A Motion by Harold Winkworth and Seconded by Sally Martyn that the Council of the Corporation of the Municipality of Central Elgin does not support Consent Application No. E01/18 - Donald Forbes McNeil & Velma Doreen McNeil, 44157 Fruit Ridge Line for the following reasons:

  • The proposed lot addition is not supportable, as the size of the severed lot is not warranted, and without the benefit of any justification the expansion of an existing rural-residential use on viable agricultural lands should not be approved.
The Motion was Carried.

CEP 10-18 Application to Amend the Municipality of Central Elgin Official Plan and Village of Belmont By-law 91-21 - Belmont Farm Supply, 14020 Belmont Road

A Motion by Sally Martyn and Seconded by Dennis Crevits that the Council of the Corporation of the Municipality of Central Elgin receive Report CEP 10-18 Application to Amend the Municipality of Central Elgin Official Plan and Village of Belmont By-law 91-21 - Belmont Farm Supply, 14020 Belmont Road as information. The Motion was Carried.

Chief Administrative Officer

CAO 04-18 Renaming Edith Street - Survey Results

A Motion by Sally Martyn and Seconded by Harold Winkworth that the Council of the Corporation of the Municipality of Central Elgin approve the renaming of Edith Street to "Guy Lombardo Lane"; And further that Council direct staff to proceed with giving proper notice for the said street renaming to affected residents and agencies as per Report CAO 04-18.

The original request came forward back in October 2017 from Jane Ann Tasker, 182 Edith Street, regarding the renaming of Edith Street to Lombardo Lane in an effort to eliminate any confusion between Edith Street, Edith Cavell Boulevard and West Edith Cavell Boulevard.

After receiving the request and hearing delegations from both Jane Ann Tasker and Pam Hill, whom are both residents of Edith Street, Council passed a resolution on December 18, 2017 agreeing to rename the street and directing staff to circulate options to the residents so that a preferred option be reported back to Council in January 2018. The street name options decided by Council were as follows:

  • Armstrong Street,
  • Kingham Street,
  • Mackenzie Street( all surnames of fallen military personnel)
  • or Guy Lombardo Lane, as suggested by some Edith Street residents.

As directed by Council, correspondence was sent to the five affected residents on December 21st, 2017 with a requested return date of January 15th, 2018. Four out of five responses were received indicating the preferred choice to be "Guy Lombardo Lane". The Motion was Carried.

Director of Physical Services

PW 02-18 DWQMS Infrastructure Review

A Motion by Dennis Crevits and Seconded by Dan McNeil that the Council of the Corporation of the Municipality of Central Elgin receives and approves the Drinking Water Quality Management System (DWQMS) Infrastructure Review Report as per Report PW 02-18. The Motion was Carried.

PW 03-18 Charles St. Road Allowance, Request for Road Closure

A Motion by Sally Martyn and Seconded by Dennis Crevits that the Council of the Corporation of the Municipality of Central Elgin receive Report PW-03-18 as information; And that Council confirms it is willing to entertain a licensing agreement with the landowner of 178 Charles St., Port Stanley for the replacement of stairs accessing the property; And further that staff be directed to prepare the necessary licensing agreement and authorizing bylaw and report back to Council at a future meeting of Council.

Councillor Winkworth commented with the question "How does the Municipality stay absolutely liability free if we choose to allow them to build on municipal property, I just wondered how we get around that?" Lloyd Perrin replied stating that the actual licensing agreement would require them to have an insurance policy naming the Municipality of Central Elgin as additional insured with respect to the stairs, will have to maintain that policy in effect, and provide an annual certificate of insurance for confirmation. The Motion was Carried.

PW 04-18 Road Allowance, Lot 5, West Part Lot 6 between R2 NER and Concession 10, Geographical Township of Yarmouth - Closure and Disposal (Sutherland Line)

A Motion by Dan McNeil and Seconded by Sally Martyn that the Council of the Corporation of the Municipality of Central Elgin receive Report PW 04-18 as information; And that Council declares the road allowance in Lot 5 and the west part Lot 6 between R2 NER Concession and 10, Geographical Township of Yarmouth as surplus; And that public notice be given for the disposal of the lands; And further that Council confirms that the lands be conveyed to the Kettle Creek Conservation Authority.

Sally Martyn commented that usually when we close or transfer road allowances that surveying or title transfer costs are paid for by the buyer. Lloyd Perrin replied that a survey would probably not be needed because the property is well defined on the plan, but that there would be legal costs for title transfer would be paid for by the Kettle Creek Conservation Authority. The Motion was Carried.

PW 05-18 Tender Award - Lynhurst Storm Sewer Improvements and Street Reconstruction, Phase 1

A Motion by Harold Winkworth and Seconded by Dennis Crevits that the Council of the Corporation of the Municipality of Central Elgin receive Report PW 05-18 as information; And that Council award the tender for the Lynhurst Storm Sewer Improvements and Street Reconstruction, Stage 1 to PV EX Construction Limited, London in the amount of $3,324,710.86 inclusive of HST; And further that the Mayor and Clerk be authorized to execute the contract documents.

Included in the 2018 Capital Budget is the Lynhurst Storm Sewer Improvements and Street Reconstruction, Stage 1. Council approved the Capital Project Record for the overall project at its meeting on December 11th, 2017 and authorized staff to proceed with tendering the project in the hopes of securing competitive bids by going to market early in the construction season.

Tenders were advertised on the municipal website as well as the Bids and Tenders website. Tenders closed on January 16th, 2017 at 11:00 a.m. and were opened publicly at 11:05 a.m. A total of 10 bids were received and were found to be compliant with the tender document. The low bid was received from PV EX Construction Limited, London Ontario in the amount of $3,324,710.86 inclusive of HST and a $280,000 Contingency Allowance. The engineers estimate for the work was $3.5 million. Staff and the municipality's consultant AECOM believe that this was a competitive price and this was confirmed by the other bids received.

The Motion was Carried.

Director of Financial Services/Treasurer

DFS 04-18 2018 Budget Development Cycle

A Motion by Dennis Crevits and Seconded by Sally Martyn that the Council of the Corporation of the Municipality of Central Elgin receive Report DFS 04-18 2018 Budget Development Cycle as information.

Discussion followed concerning the times and dates of the Budget meetings with January 31st at 1:00 p.m. for the first meeting, the second on February 5th at 6:00 p.m., and the last on February 12th at 10:00 a.m.

The Motion was Carried.

Director of Fire Rescue Services/Fire Chief

FS 01-18 Monthly Alarm Activities Report

A Motion by Sally Martyn and Seconded by Dan McNeil that the Council of the Corporation of the Municipality of Central Elgin receive Report FS 01-18 December, 2017 Monthly Alarm Activities Report as information. The Motion was Carried.

By-laws

A Motion moved by Sally Martyn and seconded by Dan McNeil that by-law 2224, 2225, and 2226 be taken collectively. By-law 2224, 2225, and 2226 were read a 1st, and 2nd time and passed collectively. Last Motion on the by-laws was moved by Dennis Crevits and Seconded by Dan McNeil that by-law 2197, 2198, 2199, 2200, 2224, 2225, and 2226 be read a 3rd time and finally passed. Carried.

By-law 2197 Hayhoe Municipal Drain 2017 - THIRD READING

By-law 2198 Crosby Municipal Drain 2017 - THIRD READING

By-law 2199 MacVicar Municipal Drain 2017 - THIRD READING

By-law 2200 Crane Municipal Drain 2017 - THIRD READING

By-law 2224 Confirmatory By-law

By-law 2225 Assume Part of Symphony Court into the Central Elgin Road System

By-law 2226 OPA - Belmont Farm Supply, 14020 Belmont Road

Public Notice - None.

Resolutions - None.

New Business - None.

Unfinished Business - None.

Closed Session - Council went into Closed Session at 7:59 P.M.

CS1 Personal Matters about an Identifiable Individual (s.239(2)(b)) and/or Solicitor-Client Privilege (s.239)(2)(f)) - (verbal report)

CS2 Litigation or Potential Litigation (s.239(2)(e)) and/or Security of Property (s.239)(2)(a)) - McAsphalt Industries (verbal report)

CS3 Security of Property (s.239(2)(a)) - Central Elgin Fire Rescue

Adjournment


Last Updated: Tuesday, 30 January 2018 13:53:45 PM EST

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