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Council Cannot Change Dexter Line Speed Limit
  by Trent Clark  
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Though sympathetic to residents concerns and in agreement that the speed limit on Dexter Line between East Road and the bottom of the ravine to the east, Dexter Line is a county road and Central Elgin Council cannot change the speed limit on it. Mayor Walters said the county has its own criteria for determining speed limits, but at their July 21, 2014 council meeting Councillor Sally Martyn asked Central Elgin to support a speed limit reduction here.

Roll Call: Deputy Mayor David Marr and Councillor Steve Carr were absent from the July 21, 2014 Central Elgin Council meeting.

Disclosure of Pecuniary Interest and the General Nature Thereof: Councillor Russell Matthews declared a conflict of interest with By-law #1760, and Councillor Sally Martyn declared a conflict of interest regarding Roberts Line Drain (PW 53-14).

Delegations

1. Outdoor Vendor Application:
Garrett Williamson, Demichi, will be in attendance to discuss Outdoor Vendor Application. This applicant did not show up to speak to Council about his application to sell re-tagged apparel at the beach.

2. 2014 Hot Mix Paving Tender:
Liz Armstrong, Armstrong Paving and Materials Group Ltd. will be in attendance to discuss 2014 Hot Mix Paving Tender. In her request she wrote "The reason for my request is that my company provided the low bid for the asphalt paving tender that closed June 26th (Municipality of Central Elgin - 2014 Hot Mix Paving) and we have not been advised of the direction staff wishes to take."

Liz and Jay Armstrong of Armstrong Paving, formerly McCann Paving, were there to remind council and introduce their company, indicating there are low bid in a recent paving quote and also indicating they have met all conditions and want to do business with Central Elgin.

Correspondence (Action)

1. Memorial Bench:
Memorial Program Application received from Dallas Taylor. This was an application to put a memorial bench in Glover Park in memory of Phil Taylor - husband, father grandfather - who spent a lot of time in Port Stanley over 53 years, with his wife, children and grandchildren. Council approved the request.

2. Dexter Line Speed Limit:
Correspondence received from Justine and Mike Howes, 42417 Dexter Line, requesting Council to reduce the speed limit on a portion of Dexter Line.

Our concern, and that of our neighbours, is the present speed limit of 80 kilometres per hour on Dexter Line. Traffic travels on Dexter Line from East Road, where the speed limit is decreased to 60 kilometres per hour, and immediately accelerates to the posted 80 kilometres per hour. There are 15 houses and 14 driveways along this short stretch of road to the ravine.

Situations have occurred when traffic following our car from Fairview Road assume we are indicating our intent to turn left onto East Road, instead of our driveway, and tail gate us so badly that we are forced to move into the oncoming lane to make our turn slowly enough into our angled driveway; a scary situation. Neighbours can relate their own unsafe situations.

Just crossing Dexter Line to pick up our mail, put out our garbage or to visit neighbours, can be an unsafe event. From the end of our laneway we can not see the oncoming traffic approaching from East Road, so we must listen for traffic and then hurry across Dexter Line.

All of this makes for a serious and unsafe traffic situation. Therefore we are asking that the speed limit on Dexter Line be lowered to the former 60 kilometres per hour. We would further hope that the traffic approaching from the east would be given ample notification of the new speed limit to allow time to adequately lower their speed before the ravine.

Mayor Walters said Dexter Line is a county road and the county has its own criteria. Councillor Sally Martyn agreed the speed limit in this area is too high and wants Central Elgin to support a speed limit reduction here.

3. Soling North Americans Display:
Correspondence received from Manfred Kanter, Port Stanley Sailing Squadron seeking permission from Council to display "sailing panels" on public property such as Glover Park prior to the the 2014 Soling North American Championships which they are hosting, scheduled for September 18 - 21, 2014.

One of the fabric panels of the four sided display would be common to all the displays and would be printed with our event logo including dates and a list of sponsors and their logos. We have approached Port Stanley artists in hopes they would create the other three sail like panels in a sailing and water theme of the event. The displays, once completed would be positioned in various conspicuous public areas of Port Stanley, such as Glover Park, prior to the event. We are looking for approval for the finished displays to be placed on public property prior to and for the duration for the sailing event.

Council approved this request. "It's nice to see good things happen when people play nice," said Councillor Dan McNeil.

Correspondence (for Council's Information)

  • Collectively received as information and filed
  • 1. City of London - Passing of Zoning By-law: Notice of Passing of a Zoning By-law received from the City of London regulating driveway width and access.
  • 2. Notice of Decisions - County of Elgin Land Division Committee: Copy of Land Division Committee Decisions respecting E27/14 - Kielstra, E28/14 - Kielstra, E29/14 - Coad, E34/14 - Bachner and E35/14- Hiepleh.
  • 3. Accountability Act: Correspondence received from AMO respecting Accountability Act.
  • 4. Ministry of Municipal Affairs and Housing: Correspondence received from newly appointed Minister of Municipal Affairs and Housing, Ted McMeekin.
  • 5. Land Division Committee: Correspondence received from the County of Elgin respecting 2015 Land Division Appointments. "THAT, effective on January 1, 2015, Elgin County's Land Division Committee consist of seven members; and that the new Land Division Committee consist of one appointee, either elected or non-elected, from each of Elgin's constituent municipalities;
  • 6. City of London - Community Plan: Notice of Adoption of a Community Improvement Plan for City of London
  • 7. City of London - Official Plan Amendment: Notice of Adoption of an Official Plan Amendment for the City of London - Amendment No. 585
  • 8. Official Plan Amendment No. 3 - 9823 Yarmouth Centre Road: Correspondence received from the County of Elgin advising of Official Plan Amendment No. 3 - Pineo, 9823 Yarmouth Centre Road
  • 9. Review of Term Limits of Municipal Councils: Copy of correspondence sent from the County of Elgin to Minister, Municipal Affairs and Housing and AMO respecting "Review of Term Limits of Municipal Councils". Elgin County Council has asked for the term to be reduce to 3 years from the current 4 years, stating that the 4 year term makes it less attractive to run for municipal office as these are not full time positions in rural municipalities, and that a longer time between elections gives electors less opportunity to express their opinion on the performance of their elected officials - (resulting in the recent debate over recall provisions).

Reports

Municipal Heritage Committee: Davey House: Recommendation for Addition to Clerk's List of Property of Heritage Value or Interest - Davey House, 45922 Sparta Line
Proposed designation is of the entire exterior of building, excluding the extension at the rear. The Municipal Heritage Committee Davey house whole property declared. owners want this and Councillor Sally Martyn supported it. Council agreed to add the property to the Clerk's List.

CEP 38-14: Application to Amend the Township of Yarmouth By-law 1998 - Michael Bachner, 6596 Fairview Road and 43585 Fruit Ridge Line
This is an application to permit agricultural use of a former gravel pit site. The date for the public meeting on this re-zoning application was set for August 25th, 2014 at 12:50 p.m..

CEP 39-14: Application for a Consent No. E39/14 - Long Point Bay Supplies Ltd.
This is an application to sever a piece of agricultural land and merge it in title with a piece of agricultural land on Roberts Line, and to keep the retained piece as agricultural uses. Council had no objection.

CEP 40-14: Application for a Consent No. E41-14 - Donwest Construction Ltd. Part Lot 72, Plan 251, Municipality of Central Elgin
Donwest Construction Ltd. through consent application E41/14, is proposing to sever a vacant parcel of land with frontage on Bodkin Street and to merge it with 53 Coulter Avenue, to continue to be used for residential purposes. The retained vacant parcel on Bodkin Street is to be used for three residential building lots. Council had no objection.

CEP 41-14: Application for a Consent No. E42/14 - Donwest Construction Ltd., Part Lot 72, Plan 251, Municipality of Central Elgin
This is a similar application to the other one, creating three building lots. Council had no objection.

CEP 43-14: Application for a Consent No. E36/13 - Estate of Helen North, 117 St. George Street
This is a severance application to create three residential building lots. It will be approved as the 2nd amendment to official plan.

CAO 22-14: Consolidated Property Standards By-law:
Council approved the consolidation of three existing Municipal Property Standards By-Laws, and approved in principle the new draft property by-law presented to them.

CAO 36-14: Municipal Election Advance Polls:
Council received this report and passed By-law 1759 to establish advance polls. 42% of voter turnout in the 2010 election used the 4 advance polls to vote. This time there will be 5 advance polls:
KCCA office on Saturday, October 18th from 10 a.m. to 4 p.m.
Sparta Community Hall on Wednesday October 22nd from 10 a.m. to 8 p.m.
Belmont Arena on Saturday October 25th from 10 a.m. to 4 p.m.
Port Stanley Arena on Saturday October 25th from 10 a.m. to 4 p.m.
Elgin County Administration building lobby on Sunday October 26th from 12 noon to 4 p.m.
All of these advance polls are accessible to voters with disabilities.

CAO 37-14: Proposal - Population, Housing and Employment Projections 2011-2036:
Councillor Russell Matthews said Central Elgin is a small municipality, with such a study done 5 years ago, and questioned whether it was necessary to do it again so soon. Councillor Sally Martyn agreed with Matthews, and Don Leitch said without a recent study, development charges could be challenged due to old information. He said the study cost could be recouped through development charges. Councillor Dan McNeil offered a resolution in support of doing the study and Council accepted the proposal from Lapointe Consulting, dated July 4,2014, for a study of Central Elgin Population, Housing and Employment Projections: 2011-2036, at a cost of $16,719 excluding HST.

CAO 40-14: Enabling Accessibility Fund (EAF) - Belmont Branch Library:
Council passed a resolution authorizing staff to make application to the Enabling Accessibility Fund for funding assistance for the installation of an elevator at the Belmont Branch Library.

CAO 41-14: June 2014 Monthly Building Report:
Council received this report as information. 177 parking tickets were issued in June. There were 5 written lot maintenance complaints involving 11 site visits and 3 verbal warnings. 7 were resolved. The total building permit value for the year to date is $15,576,620.00, up $9,163,210.00 over last year.

PW 42-14: Barnums Gully Line Culvert Replacement - Tender Results:
Although more than $200,000 over budget, Council awarded tender CE-024-14 to Murray Mills Excavating & Trucking (Sarnia) Ltd for a tender price of $642,599.25 exclusive of HST and to borrow $325,000 from reserves to help fund the project.

PW 44-14: Tender Award, CE-025-14:
Council awarded the contract for the new truck Physical Services wanted to Disbrowe in St Thomas for the total tendered price of $31,818.54 inclusive of taxes, and to fund the purchase from the Physical Services Equipment Replacement Reserve.

PW 45-14: Turvey Park Expansion - Landscape Design Consultant Appointment:
The deed for the land to expand the park is in progress and Council agreed to engage Stantec Consulting Ltd. to provide Landscape Architectural Services for the design of the Turvey Park Expansion for a total cost of $9,612.00 excluding HST.

PW 46-14: Sanitary Servicing - East Road/Sunset Road:
Municipal staff have been approached by Donwest Construction Limited regarding their interest in developing vacant lands in the area of East Road and Sunset Road.

Staff would respectfully suggest that in light of Council's desire to see development occur in the East Road / Sunset Road and Union area as identified in the Municipality's Official Plan there would be a benefit to the municipality to work collaboratively with Donwest Construction on this project. Subject to the approval of Council, the principals of this collaboration would be as follows:

  • Execution of a cost sharing agreement between the municipality and Donwest.
  • Completion of an Environmental Assessment.
  • Municipality front ending the growth related component for the extension of services for lands excluding the lands that Donwest has an interest in.
  • The inclusion of the costs for the municipality to oversize the proposed main on Sunset Road in the update of the Development Charges Study.

Council unanimously supported this approach and directed staff to move forward in the execution of a partnering agreement between Donwest construction and Central Elgin, as well as engaging the services of a Consulting Engineer to undertake an Environmental Assessment for the extension of services.

PW 47-14: Special Event Permit - Harbourfest 2014:
Council approved the Special Event Permit for Harbourfest 2014, being held in Port Stanley on August 30 to September 1, 2014.

PW 48-14: 208 Main Street, Port Stanley - Proposed Development:
The property owner is proposing to develop, in the empty parking lot just south of The Wharf, a 9 unit, three floor condominium unit with proposed commercial space on the basement walkout level fronting on the harbour. Parking for the units would be at the front of the proposed building immediately west of Main Street. To deal with environmental contamination issues that exist to the north of The Wharf, the owner proposed to the municipality a severance of the empty lot from the lot containing The Wharf.

This option would create the 2 parcels by the creation of 6.5m wide strip of land between the Severed and Retained parcels. This 6.5 m wide strip of land would be conveyed to the municipality by the proponent at no cost to the municipality. This strip of land could then be used for access to both the Severed and Retained Parcels as well as providing access to the east pier of the harbour. Staff would also note that this strip of land would be ideal for housing services such as storm sewer outlets from Main Street which currently run across private property through easements. As a result of the municipality being able to acquire clear ownership of the property, staff would recommend this option for Council's consideration.

Council accepted staff's recommendation.

PW 49-14: Belmont Sewage Treatment Facility Blower Replacement:
Council agreed to engage the service of the Ontario Clean Water Agency to install a new 100 hp APG -Neuros Turbo Blower for a total cost of $170,900. Two of the blowers used in the aeration of sewage at the plant are out of commission due to lightning strikes.

PW 50-14: Fernie Street Road Closure and Disposition:
As a result of the property owner of 141 Brayside Street approaching municipal staff with respect to the possibility of acquiring some or all of the Fernie Street Road Allowance, Council declared Fernie Street as surplus.

PW 51-14: A Portion of Walter Street Road Closure and Disposition:
Council authorized staff to undertake the process for the severance of a 2 foot wide strip along the east side of the Walter Street road allowance adjacent to 525 Upper Spring Street, subject to the municipality recovering all legal and survey costs and the land being merged in title with 525 Upper Spring Street. The existing structure at 525 Upper Spring Street encroaches onto Walter Street by approximately 1.1 feet. Selling the owner a strip of land along the east side of Walter Street will provide clear title to the land which his dwelling currently occupies.

PW 52-14: Lotus Lane Works Compound:
Municipal staff created a fenced physical works compound at the east end of Lotus Lane, to use in their beach cleaning operations, by constructing a 2.4 meter high privacy fence along the east right of way (ROW) line, to not only screen the municipal operations from the public, but also reduce the potential from the area being used as a local dump site by residents. The dumpster located in this compound is kept closed to prevent seagulls and rodents from accessing it. The abutting property owner at 123 Maud Street has taken exception to the fence as it has eliminated her view of the lake from her main floor windows. As well, she has a concern with the location of the garbage bin next to her property.

Staff was seeking direction as to how Council wishes to proceed with the new fence and the location of the garbage dumpster. Council deferred the matter.

PW 53-14: Roberts Line Municipal Drain - Tender Results:
Council rejected the lone bid for the construction (46% higher than the estimate) of the Roberts Line Municipal Drain due to construction bid prices exceeding 133% of the Engineers Estimate (per Section 59(1) of the Drainage Act) and directed staff to re-tender the Roberts Line Municipal Drain project at a later date.

DFS 12-14: 2014 Budget Variance Report to June 30, 2014:
After a small discussion regarding money to build a picnic shelter at Lawton park (may try to get money out of reserves in the future) Council received this report as information.

By-laws

  • Taken and passed collectively
  • By-law 1756: Being a By-law to Establish 2014 Heads and Beds Grant
  • By-law 1757: Being a By-law to Execute a Lease Agreement with Ken and Connie Macpherson respecting Belmont Arena Concession
  • By-law 1758: Confirmatory By-law
  • By-law 1759: Advance Polls - 2014
  • By-law 1760: 2014 Infrastructure Ontario Borrowing By-law for Eastside
  • By-law 1761: Being a By-law to Amend Agreement with City of St. Thomas respecting Use of Animal Control Shelter
  • By-law 1762: Development Agreement - Michael Collins, 45454 Talbot Line

Resolutions
1. Approval of dates for payment of the 2014 Final Tax Installments: Passed.

Closed Session

  • CS1: Closed Session Minutes
  • CS2: Labour Relations or Employee Negotiations (s.239(2)(d)) - Amend Pay Equity Plan Appendix 2
  • CS3: Security of Property (s.239(2)(a)) - Lois Avenue
  • CS4: Security of Property (s.239(2)(a)) - Richardson International Limited
  • CS5: Litigation or Potential Litigation (s.239(2)(e)) and/or Solicitor-Client Privilege (s.239(2)(f)) - 2014 Hot Mix Paving - Contract Award

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