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No doubt prior visitors to council who were not allowed to speak would have been upset as three different people not on the June 9, 2014 Central Elgin meeting agenda were allowed to address Council at length, on a variety of issues. The rules which prohibit such unscheduled discourse at Council meetings were ignored by Mayor Walters chairing the meeting.

It all started during the discussions of Correspondence requiring action. Council got through the first item without any outbursts from the spectators in the gallery as they appointed Mayor Walters as designate and Deputy Mayor Marr as alternate to attend and vote on items at the June 19, 2014 ERTH Corporation Annual General Meeting of Shareholders.

Port Stanley Dog Park

But things quickly changed when it came to the discussion of the letter received from the Port Stanley Lions Club rejecting the proposal of putting a dog park at Lions Landing Marina Park. The did; however, offer to partner - in terms of a financial contribution only - with the municipality should Central Elgin decide to establish a dog park in Port Stanley. David Marr had declared a conflict on this item as he is a member of that Lions Club, thus he could not participate in the discussion or vote.

Mayor Walters, thinking someone from the Lions Club was present in the gallery, invited him to speak to the issue. The man (Harry) who jumped up was not a member of the Port Stanley Lions Club; but rather, an ordinary citizen who had proposed to the Lions Club that a dog park be established at Lions Landing Marina Park. He spoke at length about what he wanted and why, and what he had done and was in the process of doing to get a dog park in Port Stanley.

Councillor Matthews told the man that Central Elgin was currently partnering with the City of St. Thomas and the Kettle Creek Conservation Authority to establish a dog park in the Dan Patterson Conservation Area and they would want to see how that went first before looking at establishing any more of them in other parts of the municipality, including Port Stanley. This did not sit well with the man as he considered the Dan Patterson area not within reach of Port Stanley residents, particularly in the winter.

Council directed staff to thank the Lions for their offer and let them know the municipality would be contacting them when and if they decided to establish a dog park in Port Stanley.

Memorial Bench Program

Well, that set the tone for yet another unscheduled verbal submission from a spectator in the gallery when it came to the discussion on the application from Sandra Dunbar regarding a memorial tree and bench for Paul Dunbar to be located on the Harbour walkway west facing across to the location of the old Port Stanley Works Department. David Marr also declared a conflict on this because he is related to the deceased and the person making the memorial request.

Fred Heintz jumped up telling Council that he is the BIA person responsible for the Memorial Bench Program and he would like to know what locations are available for the benches as he is getting a lot of requests. Lloyd Perrin said that the information was available from the Central Elgin office and was now part of the application process. Fred asked if Perrin was going to send him a copy of it and Perrin said he could do that. Having spearheaded the entire program, Fred seemed understandably disturbed to have been cut out of the loop as to what locations are available.

Outdoor Vendor Application

The unscheduled speaker outbursts did not stop there. When it came time for the discussion on the Outdoor Vendor Application received from Marney Weatherby, respecting massage and reflexology vending on the beach area, Marney jumped up to assure Councillor Martyn they were registered massage therapists when the Councillor raised that as a concern.

Councillor McNeil said this application had come directly to council as "we need to look at and approve the merits of the application." Deputy Mayor Marr said he took it the applicant meant the cement boardwalk located where the old boardwalk used to be.

With a number of interjections from Ms. Weatherby occurring during the discussion, Council approved the application with a location south of the dunes to be determined by the Physical Services Department.

Correspondence (for Council's Information)

  • Received collectively as information
  • 1. Heritage Central Elgin: Copy of Heritage Central Elgin minutes dated May 28, 2014. Not discussed by Council.
  • 2. St. Thomas YWCA: Correspondence received from St. Thomas YWCA respecting Pathways to Prosperity. Not discussed by Council.
  • 3. Elgin County Land Division: Notice of Decisions: Notice of Decisions received from Elgin County Land Division Committee respecting E23/14 - Dan Debackere and E23/14 - Michael Deleebeeck. Not discussed by Council.
  • 4. Natural Resource Gas Limited: Correspondence received from Town of Aylmer sent to Ontario Energy Board respecting Natural Resource Gas Limited. Not discussed by Council.
  • 5. Vehicular Speed and Heavy Trucks on Centennial Avenue: Copy of correspondence received from the County of Elgin respecting vehicular speed and use of heavy trucks along Centennial Avenue. Mayor Walters said they'd talk to the OPP about what could be done to reduce speeding on that road once the construction was completed, but it is a County arterial road and built to higher standards than Yarmouth Centre Road, to accommodate truck traffic. It is not a residential street like Bodkin.

Reports

CAO 31-14: May 2014 Monthly Building Report: received as information by Council without discussion.

PW 31-14: Appointment of Risk Management Official and Risk Management Inspectors - Safe Drinking Water Act: Council appointed Leon Back as a Risk Management Inspector and Lloyd Perrin as a Risk Management Inspector and Risk Management Official as per Section 55 of the Clean Water Act; coinciding with the implementation date of the Kettle Creek Source Protection Plan. They also agreed to engage the services of Kettle Creek Conservation Authority for the development of an outreach and education program for the implementation of the Source Protection Plan for an upset limit of $35,991.

PW 32-14: Bridge Inspections: Council appointed RJ Burnside and Associates Limited to complete the 2014 Bridge Inspections at a total cost of $16,000 excluding HST, and for the project to be funded from the 2014 Roads Operating Budget.

PW 33-14: Port Stanley Harbour Capital Projects Update: Deputy Mayor Marr asked for a more detailed explanation of the west breakwater repairs so the public could know what was being done and why. The report says simply West Breakwater Repairs: This project is estimated at $600,000 which is over the $500,000 that Council has budgeted. The work includes subsurface repairs to provide structural support to the existing breakwater. It is important to note that this work is considered as repairs to existing infrastructure so the funding will be from the contribution agreement provided by the federal government as part of the divestiture process. This project will be ready for tender by the end of June 2014 with work to be completed in 2014.

Perrin told Marr it was foundation structural repairs to try to prevent the crib from deteriorating any further. Marr then asked if they would have to do any extra work before the creation of the dredging cell (which is proposed for the area between McAsphalt and the just out into the harbour that is currently tree covered. Perrin said 'no'.

Boat Launch: This project is estimated $200,000 and includes the design and construction of a new public boat launch located at the south dead end of Carlow Road. This project will be ready for tender by the end of June 2014 with work to be completed in 2014. There is still no explanation as to how this will be incorporated with/affect the currently-existing walkway in that area. Perhaps this is part of the Closed Session McAsphalt discussions.

Dredging: This project is estimated at $1,000,000. Included in this project would be the construction of a dredge containment cell located on the east side of the west breakwater immediately south of the McAsphalt property. The containment cell will provide a disposal site of approximately 50% (65,000 cubic meters) of the dredged material from the harbour. The end result being the creation of further land holdings on the harbour. The containment cell will have an area of approximately 2 ha.

West Breakwater Extension Environmental Assessment (EA) Initiation: This project is budgeted at $100,000 and is for the necessary environmental monitoring work to support the extension of the westerly breakwater in an effort to protect the harbour from Lake surges and provide for a more protected harbour from vessels within the Harbour and Kettle Creek.

Council received this report as information with no further discussion.

PW 34-14: Tender Award, Contract CE-020-14, Supply and Placement of Road Granulars: Johnston Bros Ltd. were awarded the contract for the Supply and Placement of Road Granular on Centennial Road, Thompson Line, Brouwers Road, Roberts Line, Hobson Road, Goudy Road, and Buis Line.

PW 35-14: Dell Drain Extension: Council appointed Bryon Wiebe P.Eng. of Delcan Corporation to prepare a report for a new branch of the Dell Drain extending west from the existing Dell Drain along the north side of Barnums Gully Line approximately 500m. This new branch would bring in an external watershed of approximately 20 hectares to the Dell Drain, and will provide a drainage outlet for the roadway.

PW 36-14: Canfest Application Amendment: Council amended the 2014 Canfest Special Events permit to include:
• Cardboard Boat Race
• Boat Parade
• Road Races
• Children's Blow Up Play Village

As one of the organizers for Canfest this year, Fred Heintz also spoke unscheduled to this item, detailing the changes made possible by the receipt of an unexpected grant which covers the required insurance premium for events held on municipal lands. He also informed council the fireworks would also be held on municipal land, on the beach by GT's. Council passed the amendment.

PW 37-14: Tennis Court Use - Union Park: The municipality has been approached by the St. Thomas Golf and Country Club for the potential to utilize the existing tennis court at the Union Ball Park to run a tennis program for their members ... We would note that currently the municipality does not charge for the use of the tennis courts and that the use of the courts is on a "first come first serve" basis. The club is requesting that they be allowed to block out times as per the attached proposal in exchange for them providing improvements to the courts and maintaining them for July and August of 2014.

Council's Rate policy does not have a rental rate for tennis courts. Staff would suggest that Council might want to consider the tennis courts similar to that of a Basketball court. If the municipality would take that position, then the rental fee would be $20.00 per hour. Given the rentals that are being proposed by the STGCC, the total revenue that could be realized is approximately $1,200. The proposal is suggesting that in exchange for the use of the courts at no cost for 2014, the group would provide wind screens (valued at $1050) as well as maintain the courts.

Staff would respectfully suggest that the proposal submitted by STGCC is in keeping with one of the guiding policies being recommended in the currently draft Recreation Master Plan. This principal being to undertake the provision of recreational services and programs on a joint venture basis where sustainable. This proposal could be considered as a joint venture. The municipality has the physical asset of the tennis courts and has not obtained revenue from them in the past. If this pilot program is successful in 2014 there may be a possibility of obtaining revenue from the rental of the courts in 2015.

Councillor Martyn raised a concern that the public would be shut out of using the courts when it had been a fund raising effort by parents in the area that had seen the creation of these tennis courts in the first place. Perrin said the St Thomas Golf and County Club would only be using them for about 14 hours a week and those hours would be mostly during the day. Council approved the proposal.

By-laws

  • Taken and passed collectively
  • By-law 1744: Confirmatory By-law
  • By-law 1745: Development Agreement - Prespa Construction Limited
  • By-law 1746: 2013 Drain Repair Costs Collection By-law
  • By-law 1747: Being a By-law to Amendment By-law EG1

New Business

County Signs: Councillor McFarlan requested that the municipality send the County a formal request for the county to clean up the bases of its signs. He said the signs look great but the bases on which they sit are an eyesore. Council agreed to send a letter of request to the county on this matter.

Parks and Recreation Master Plan Open House: Lloyd Perrin made mention of an Open House on the Parks and Recreation Master Plan to be held at the Port Stanley Arena at 7:00 p.m. on Wednesday June 11, 2014.

Pay Parking: Perrin said the pay parking in the municipal beach parking lots in Port Stanley will be up and running again by this weekend, June 13th, 2014.

Unfinished Business
1. Front Street Bridge: staff directed to prepare a report on the structure

Closed Session

  • CS1: Property Standards: Litigation or Potential Litigation (s.239(2)(e) and/or Solicitor-Client Privilege (s.239(2)(f))
  • CS2: Port Stanley Harbour: Security of Property (s.239(2)(a)) - (verbal report)
  • CS3: McAsphalt Industries Limited: Security of Property (s.239(2)(a)) and/or Solicitor-Client Privilege (s.239(2)(f))
  • CS4: Closed Session Minutes

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