The Corporation of the Municipality of Central Elgin
Regular/Planning Meeting Of Council On Monday, October 29th, 2018
Addendum - There was a single addition to the agenda - Site Plan Control -
Goodhue, 44912 Edgeware Line and Thames Valley District School Board, 350 Carlow
Roll Call - Fiona Roberts was absent.
Disclosure of Pecuniary Interest and the General Nature Thereof - Stephen
Carr had interest in 2018 Municipal Election - Recount Request under Correspondence
Adoption of Minutes - No Minutes to adopt.
Delegations - No delegations.
1. 2018 Municipal Election - Recount Request
An email was received from Stephen Carr seeking Council's consideration for a recount
for the Deputy Mayor Candidate in the 2018 Municipal Election.
Mr. Leitch commented that the act allows Council to require a recount for the office,
and in doing so can specify whether the recount applies to all the candidates seeking
that office or just the two top candidates in this case Tom Marks and Stephen Carr.
Councillor Winkworth stated that he would support the recount for just the two top
candidates Tom Marks and Stephen Carr.
Discussion continued for some time concerning election recounts and of recent election
results in Dutton/Dunwich where only one vote separated two candidates and that
a recount was not supported there by that Council. The decision for a recount should
not just be in the hands of Council but be a requirement in the elections act if
vote count separations are close. Mr. Leitch also commented that currently the act
only requires a recount if candidates are tied. Other options for a recount can
be authorized by Council, or by a judge. There was a consensus to authorize a recount
on the basis that it was the right thing to do.
A Motion moved by Councillor McNeil and seconded by Deputy Mayor Martyn whereas subsection
7.1.1 of the Municipal Election Act provides that Council pass a resolution requiring
a recount or all or specified candidates for an office on the Council; And whereas
Stephen Carr has requested a recount of the 2018 Municipal Election results; Now
therefore be it resolved that Council require a count of the votes for the two candidates
that received the most, and the second most votes for the office of Deputy Mayor,
Tom Marks Stephen Carr in the Municipal Election held in 2018. The vote was unanimous,
Correspondence (for Council's Information)
A Motion by Councillor Crevits and Seconded by Councillor McNeil that Correspondence
for Council's Information Items #1 - #7 inclusive be received as information and
filed. The motion was carried.
1. Local Planning Appeal Tribunal (LPAT)
Pre-Hearing Conference from Local Planning Appeal Tribunal (LPAT) - Prespa Construction
Ltd., 146-156 William Street
2. NAFTA - Dairy Supply Management Program
Copy of correspondence sent from the City of Hamilton to the Right Honourable Justin
Trudeau, Prime Minister of Canada, supporting the Township of Amaranth respecting
NAFTA - Dairy Supply Management Program. 3. Heritage Central Elgin
Copy of minutes from the Heritage Central Elgin meeting dated September 26, 2018.
4. County of Elgin Land Division Committee
Notice of Decision received from County of Elgin Land Division Committee respecting
E69/18 and E70/18, Wright.
5. City of St. Thomas - LPAT Hearing
Notice of LPAT hearing for the City of St. Thomas respecting Prespa Construction
Ltd., 63 Elm Street
Copy of AMO's 2017 Report on Federal Gas Tax Fund
7. Elgin Hospice Project
Copy of correspondence sent to St. Joseph's Health Care Society from the City of
St. Thomas supporting Elgin Hospice Project.
Central Elgin Planning Office
CEP 17-18 - Application for a Consent No. E12/18 - Gerry Hensels and Lorraine McElroy,
349 George Street
Background: - The applicants have filed three consent applications (E12/18,
E13/18 and E14/18) concurrently for the purpose of creating three vacant residential
building lots with frontage on George Street.
Location: - The subject lands are on the north side of George Street, between
Front Street and Sydenham Street. The lands are described as being Lots 57, Plan
117, Municipality of Central Elgin.
Proposal: - The applicants are proposing to sever a vacant residential building
lot with frontage of 18.3 metres on George Street and an area of 1,214.46 square
metres. The applicants are proposing to retain a lot with frontage of 102.60 metres
on George Street and an area of 14.959.08 square metres, containing one house and
one garage. It is proposed that the retained lands will be further subdivided through
Consent Application E13/16 and E14/16.
Staff Comments: - In March of 2018 the applicants filed three consent applications
concurrently for the purpose of creating three residential building lots; however
the consent applications were deferred at the applicants request in order to consult
with municipal staff.
In April of 2018 a consultation meeting was held at the Municipality of Central
Elgin to discuss the consent applications. Staff from the Kettle Creek Conservation
Authority, Physical Services Department and Planning Department attended the consultation
meeting. At the meeting staff confirmed verbally and through a follow-up email that
that the consent applications did not conform with the Municipality of Central Elgin
Official Plan, and further that it they wish to file an Official Plan Amendment
application the following supporting documents would be required:
- Environmental impact Study;
- Environmental Site Assessment;
- Geotechnical Analysis;
- Road/Access/Traffic Analysis; and
- Confirmation from the Ministry of Natural Resources and Forestry that there is a
low likelihood for Species At Risk (SAR) species and/or habitat to occur and/or
A Motion moved by Councillor Carr and seconded by Deputy Mayor Martyn that the Council
of The Corporation of the Municipality of Central Elgin receive Report CEP 17-18
- Application for a Consent No. E12/18 - Gerry Hensels and Lorraine McElroy, 349
George Street as information; And further that the Land Division Committee be advised
that consent application E12/18 is not supportable and should not be granted as
the proposed consent application does not conform to the Municipality of Central
Elgin Official Plan. The motion was carried.
CEP 68-18 - Application for a Consent No. E84/18 - Christopher Andre Fernandes, 8518
Background: - The applicant through consent application E84/18 is proposing
to sever one new residential building lot off of the subject lands.
Location: - The subject lands are located on east side of Centennial Road
south of Elm Street. The lands are described as, Concession 7, Part Lot 11, Municipality
of Central Elgin.
Proposal: - The applicant, through consent application E84/18, is proposing
to sever a rectangular shaped parcel of land with frontage of 41.76 metres on Centennial
Road and an area of 1,833.26 square metres containing two accessory buildings. It
is proposed that the lands to be severed will be used for one new residential building
lot. The applicant is proposing to retain a parcel of land with frontage of 34.72
metres on Centennial Road and an area of 1,524.2 square metres, containing one single
detached dwelling. It is proposed that the lands to be retained will continue to
be used for residential purposes.
A Motion moved by Councillor McNeil and seconded by Councillor Winkworth that the
Council of The Corporation of the Municipality of Central Elgin receive Report CEP
68-18 - Application for a Consent No. E84/18 - Christopher Andre Fernandes, 8518
Centennial Road as information; And that Council support consent application E84/18
with the following conditions:
- approval of a Zoning By-law amendment to permit residential use, and bring any
existing non-conforming development into conformity with the Zoning By-law;
- confirmation from the Municipality of Central Elgin that the non-conforming accessory
buildings located on the severed lot have been resolved;
- the payment of cash-in-lieu of the dedication of 5% of the land for parkland
- the proponent enter into a development agreement with the Municipality of Central
Elgin to be registered on title, to include provisions requiring connections to
municipal services when such services become available, and to address administrative,
technical and financial matters related to the development of the 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 72-18 - Central Elgin 5-Year Official Plan Update
Background: - This report reflects a preliminary review of the Municipality of
Central Elgin's Official Plan as required by provincial legislation and provides
recommendations based on this initial screening. A number of legislative changes
have occurred since the Municipality of Central Elgin Official Plan came into effect.
Further, there have been changes to the land use planning approval role, and the
on-going efforts by the County of Elgin in its own Official Plan review that will
impact the municipality.
The current Municipality of Central Elgin Official Plan was adopted by Council on
February 21, 2012 and approved with modifications by the Ministry of Municipal Affairs
and Housing on February 8, 2013. The Planning Act requires that the council of a
municipality that adopted an official plan revise the official plan as required
to ensure that it, (a) conforms with provincial plans or does not conflict with
them, as the case may be; (b) has regard to the matters of provincial interest listed
in section 2; and (c) is consistent with policy statements issued under subsection
3 (1) of the Act. In the case of the Municipality of Central Elgin, the period of
required review of the Official Plan is every 5-years, unless it is replaced by
a brand new Official Plan and would require the municipality to begin this review.
A Motion moved by Councillor Crevits and seconded by Councillor Carr that Report
CEP 72-18 - Central Elgin 5-Year Official Plan Update be received; And that Council
direct staff to continue consulting with the County of Elgin as the approval authority
for the Municipality of Central Elgin Official Plan, and initiate a policy audit
of the Central Elgin Official Plan to determine where revisions or updates may be
required; And further that Council direct staff to compile cost estimates for background
studies that may be required for the 5-year update of the Municipality of Central
Elgin Official Plan; And finally that Council authorize staff to draft policies
to address the legislative and policy changes that have occurred and the requirement
for the Municipality of Central Elgin Official Plan to conform to the County of
Elgin Official Plan. The motion was carried.
Chief Administrative Officer
CAO 48-18 - Updating of Council Procedural By-law and Public Notice By-law
Background: Best practices suggest that Procedural By-laws and Public Notice
By-laws should be reviewed once per term. In December 2017, Council directed staff
to form an ad-hoc committee to review and update the current Procedural By-law and
Public Notice By-law.
The Committee met three times. Staff reviewed the City of London's Public Notice
By-law, Elgin County's Procedural By-law, and Newmarket's Electronic Participation
By-law. Amendments to the Public Notice By-law include:
- Changing notice required to pass the budget from eleven to ten days, to allow staff
time to post in the newspaper(s) prior to the following Council meeting;
- Adding definitions for "social media" and "website";
- and greater emphasis on using electronic notices.
Notable amendments to the Procedural By-law include:
- Adding definitions for "quorum", "meeting", "social media", "special meeting" and
- Adding the address of the Council Chambers;
- Including Family Day in the list of days when a regular meeting could be rescheduled;
- Specifying the date of the Inaugural Meeting of Council after an election (the first
Monday of December);
- Updating the circumstances under which a meeting may be closed to the public, as
per the Municipal Act, 2001, as amended;
- Adding provisions that a tie vote should be followed by a recorded vote;
- Adding provisions related to rules of debate and order of proceedings;
- and noting that in all provided cases in the proceedings of the Council or in
Committee, "Robert's Rules of Order" shall be followed.
A Motion moved by Councillor Carr and seconded by Councillor McNeil that the Council
of the Corporation of the Municipality of Central Elgin receive Report CAO 48-18
- Updating of Council Procedural By-law and Public Notice By-law; And that Council
receive the proposed By-law 2307, an updated By-law to Govern the Proceedings of
Council and its Committees and the Calling of Meetings; And that Council receive
the amended Schedule A to the Public Notice By-law 972; And further that receipt
of these drafts be considered as notice of the proposed procedural by-law and proposed
public liabilities by-law amendments. The motion was carried.
Site Plan Control - Goodhue, 44912 Edgeware Line and Thames Valley District School
Board, 350 Carlow Road
A Motion moved by Councillor Crevits and seconded by Councillor Carr that Site Plan
Control Committee Report dated October 17th, 2018 with respect to an application
by Kenneth Charles Goodhue and Margaret Alice Goodhue for approval of a plan of
development to be located on the lands known municipally as 44912 Edgeware Line,
in the Municipality of Central Elgin be approved. The motion was carried.
Background: - The application for a plan of development by Thames Valley
District School Board is for a new gymnasium in the south-east corner of the existing
structure, some accessibility improvements to the front entrance, and some interior
space will be renovated for additional classrooms. New storm drainage will be installed
in the front of the building. All the existing parking will be paved, and an area
in the back of the property will be paved for basketball courts. Currently there
is one portable in the back of the property, and there will be two more portables
installed during construction, upon completion the additional portables will be
removed. Additional windows and sprinkler system will be installed.
A Motion moved by Councillor McNeil and seconded by Deputy Mayor Martyn that Site
Plan Control Committee Report dated October 17th, 2018 with respect to an application
by Thames Valley District School Board for approval of a plan of development to
be located on the lands known municipally as 350 Carlow Road, in the Municipality
of Central Elgin be approved. The motion was carried.
Director of Physical Services
PW 35-18 - 2018 Ministry of the Environment, Conservation and Parks Inspection Reports
for the Belmont Water System & Central Elgin Distribution System
Background: - Annually, a Provincial Officer of the Ministry of the Environment
conducts an in-depth inspection of all water systems in the Province. The inspections
include on site visits, interviews, sampling and document/records review. This report
represents the findings of the annual inspections done on the Belmont Water System
and the Central Elgin Distribution System.
The Provincial Officer looks for compliance and conformity to the Drinking Water
Works Permits, Drinking Water Licenses, Certificates of Approval, Permits to Take
Water, the Safe Drinking Water Act and all of its associated Drinking Water Regulations.
Some of the items the Provincial Officer thoroughly inspects to ensure compliance
with the above documents include; a survey of potential contamination sources, a
capacity assessment, integrity of the treatment system train, equipment maintenance
programs, flow meter calibrations, operations and equipment manuals, log book entries,
contingency plans, operational procedures, facility security, operator certification
and training, distribution system operation and maintenance programs and water sampling
programs and results. Often the Inspection officer will take samples and send them
to their own laboratory to confirm water quality.
The Central Elgin Distribution System inspection was an unannounced inspection that
commenced on September 12, 2018 and covered the period from August 1, 2017 to August
The Central Elgin Distribution System was found to be compliant in all areas, resulting
in a perfect inspection rating of 100%. These inspection findings confirmed that
the Municipality of Central Elgin is operating the Central Elgin Distribution in
compliance with all regulatory requirements.
The Belmont Inspection was an announced inspection that commenced on September 26,
2018 and covered the period from September 1, 2017 to August 31, 2018.
One minor non-compliant issue was identified in the Belmont Water System resulting
in an inspection rating of 98.4%.
The non-compliant issue is regarding a missed arsenic sample. In the Belmont Water
System, a long list of organic and inorganic parameters are sampled for every three
years. The Drinking Water Regulations require when a sample result is above ½ the
Maximum Allowable Concentration (MAC), the sampling frequency for that parameter
must be increased to quarterly until two consecutive test results are below ½ MAC.
On January 1, 2018, the MAC concentration for Arsenic was lowered from 0.012 mg/L
to 0.010 mg/L, which means the ½ MAC for arsenic dropped from 0.006 mg/L to 0.005
mg/L. An arsenic sample taken on March 6, 2018 as part of the routine sampling program
returned with a result of 0.0057 mg/L. This result was over the new ½ MAC limit
but would have been under the previous ½ MAC. A subsequent quarterly arsenic sample
should have been taken, but was missed.
A Motion moved by Councillor Winkworth and seconded by Deputy Mayor Martyn that the
Council of the Municipality of Central Elgin receives and approves the 2018 Ministry
of the Environment, Conservation and Parks Inspection Reports for the Belmont Water
System and the Central Elgin Distribution System. The motion was carried.
PW 36-18 - Winter Control Operations
Background: - Within the Province of Ontario standards for minimum maintenance
of public highways is set in Ontario Regulation 239/02 "Minimum Maintenance Standards
for Municipal Highways". O.Reg 239/02 is considered the minimum maintenance standards
however a road authority may set out a higher level of service. The service level
adopted by a municipality will dictate the threshold for due diligence when mitigating
risk to a third party claim. Central Elgin has previously adopted the Minimum Maintenance
Standards as set out in O. Reg 239/02.
The most significant change to the standards is the requirement for a municipality
to declare and publicize a "Significant Weather Event." By definition in the regulation
a "significant weather event" means an approaching or occurring weather hazard with
the potential to pose a significant danger to users of the highways within a municipality.
The regulation also requires that if a municipality declares a "significant weather
event" then it needs to be publicized to the users of the roadways.
If a municipality declares a "Significant Weather Event" then it is reprieved of
its obligations to maintain the roadways while the event is underway. The municipality
would be required to monitor the weather and if practical deploy the resources necessary
to address snow or ice accumulation. Following the end of the event the municipality
is required to advise the public and then undertake maintenance activities and meet
the standards as dictated by the regulation.
A Motion moved by Councillor Crevits and seconded by Councillor Carr that Council
of the Municipality of Central Elgin receive Report PW 36-18 - Winter Control Operations
as information. And further that Council approve utilizing Environment Canada's
Weather Warning for designation of a significant weather event for winter control
operations. And further that the authority to declare a "significant weather event"
will rest with the Director of Physical Services or their designated. And that Council
confirm that notification to the public for a "significant weather event" will be
done utilizing Facebook, Twitter and the municipal website. The motion was carried.
PW 37-18 - Sparta Playground Location
Background: - Council approved the construction of new playground equipment
in Sparta. The original intent was to construct the playground equipment on the
Sparta Ballpark property. Upon further investigation and review it has been determined
that there is not sufficient "clear area" to separate the ball diamond from the
proposed playground area. The lack of separation will increase the potential of
stray balls from the diamond to enter into the playground area posing a risk to
child safety. Also noted is the lack of sidewalks on Sparta Line east of Quaker
road would require children to walk along the road to access the playground.
As an alternative staff are suggesting that Council consider constructing the playground
in the northwest corner of the community parking lot. If Council is in agreement
staff would recommend that the area be fenced and trees planted to define the area
and guard children from entering into the parking area. By locating the play ground
in this area would eliminate approximately 12 spots. Some of these spots will be
occupied by the playground and others will be lost to reconfiguration of the drive
A Motion moved by Councillor Carr and seconded by Councillor McNeil that Council
of the Municipality of Central Elgin receive Report PW 37-18 - Sparta Playground
Location as information; And that Council approve the construction of new playground
equipment at the Sparta Parking Lot rather than the Sparta Ball Diamond. The motion
Director of Financial Services/Treasurer
DFS 31-18 - Port Stanley Fire Station RFPQ (Request for Pre-Qualification)
Background: - Revised architectural drawings have been prepared by Thomas
Brown Architects for the site of the Port Stanley Fire Station on Sunset Drive.
Thomas Brown has assisted in preparing a pre-qualification package for review, revision,
and posting by the Procurement/Risk Management Specialist in Finance. The intention
is to release the pre-qualification document on Bids and Tenders by the first week
in November with a closing date in early December. Successful qualifiers will then
be offered the opportunity to bid on the forthcoming tender packages in early 2019.
The ultimate goal is to find an appropriate general contractor to work with Thomas
Brown on the construction of the new Port Stanley Fire Station Steering Committee
and then on to Council for their approval.
Deputy Mayor Martyn asked "How are we going to pay for this? Karen Harris replied
that it would be paid by in-house reserves. Payments would paid back into the reserves
including any interest calculated at prevailing interest rates at the time of borrowing.
A Motion moved by Councillor Winkworth and seconded by Councillor Crevits that Council
of the Municipality of Central Elgin receive Report DFS 31-18 - Port Stanley Fire
Station RFPQ (Request for Pre-Qualification) as information. The motion was carried.
DFS 32-18 - Cyber Liability Insurance Coverage
A quote from BFL (the Municipality's insurer) for three optional levels of Cyber
Liability Insurance Coverage as provided with the 2018 insurance renewal. Staff will
be requesting a similar quote for its 2019 policy renewal period. At that time,
staff will be requesting Council's consideration and recommendation of the options
as provided by BFL and will be looking for direction as to whether Council is interested
in this additional coverage.
In addition, Central Elgin is due to issue a Request for Proposals (RFP) for insurance
coverage beginning for January 1, 2021. The requisite RFP will be issued in the
fall of 2020 and will include a provisional quote on cyber insurance at that time
A Motion moved by Deputy Mayor Martyn and seconded by Councillor Carr that Council
of the Municipality of Central Elgin receive Report DFS 32-18 - Cyber Liability
Insurance Coverage as information.
Director of Fire Rescue Services/Fire Chief
FS 15-18 - Monthly Alarm Activities Report (Sept/18)
A Motion Moved by Councillor McNeil and Seconded by Councillor Crevits that the Council
of the Corporation of the Municipality of Central Elgin receive Report FS 15-18
Monthly Alarm Activities Report as information. The Motion was Carried.
By-law 2245 - Branch "C" Prior Municipal Drain - THIRD READING
A Motion Moved by Deputy Mayor Martyn and Seconded by Councillor Winkworth that By-law
2245 be read a third time and finally passed. The Motion was Carried.
By-law 2310 - Confirmatory By-law (October 9)
A Motion Moved by Councillor Carr and Seconded by Councillor McNeil that By-law 2310
be read a 1st, and 2nd time. Carried. Last Motion Moved by Councillor Crevits and
Seconded by Councillor Carr that By-law 2310 be read a 3rd time and finally passed.
Adjournment - Council adjourned at 8:21 P.M.