With no delegations at their May 20, 2014 meeting, Council moved directly to Correspondence
1. Severance Conditions - 421-425 Edith Cavell Blvd
Correspondence received from Peter North, Agent, respecting conditions of severance
regarding 421-425 Edith Cavell Boulevard.
Central Elgin Council stood firm on the condition they had imposed on granting the
severance application for 421-425 Edith Cavell Boulevard; namely, conveying 16 ft
of depth across the front of these properties to the municipality for future road
widening of the street.
Peter North, agent for the property owners and interested in buying the lots and
developing them, had written to Council noting that "When the value of the lots
is taken into account this is a substantial cost to both the seller and purchaser
and cannot be overlooked. If the condition remains it will likely end the project,
and the severance. It must also be understood that properties up and down the street
are closer than this setback and would therefore have to be purchased/expropriated
or altered fairly substantially to accommodate this setback."
Lloyd Perrin explained to Mayor Walters that this 16 feet was laid out by the former
Village of Port Stanley and was also in Central Elgin's new Official Plan. He said
that since 1998, whenever properties on the north side of the street applied for
severances, variances or development, they have been required to convey 16 feet
to the municipality for this purpose, including the recent applications by Prespa
Development for the townhouse complex they are planning to build this fall.
When questioned by Councillor McNeil about the new home with a swimming pool on
the northwest corner of Stanley Park Drive and Edith Cavell Blvd, Perrin said that
home was an existing home and did not require building approvals, but in the event
of widening Edith Cavell Boulevard, they would lose part of their side yard.
Jim McCoomb told Mayor Walters that the 16 foot loss off the front of these properties
would not prevent a buildable area on the lots. The normal setback requirement is
25 feet, and even with a minor variance he would not recommend a setback of less
than 20 feet from the new lot line, in order to accommodate on-site parking on these
Peter North was present and Mayor Walters invited him to speak to the issue although
he was not on the agenda as a delegation. North said it seemed to him in listening
to what was said around the Council table that this was a standard practice, but
to most people he'd talked to the odds of every actually widening Edith Cavell Boulevard
were remote at best. "A loss of 16 feet is a substantial amount of money that just
walks out the door without any form of compensation," North said.
It has been recently enforced," said Deputy Mayor Marr, "so we can't allow it here."
Marr said he did believe the widening of Edith Cavell would come some time, if only
to deal with parking issues. Councillor McNeil said he agreed with Marr and procedure
and they should "hold the line." Perrin said the municipality has acquired the 16
feet from most of the properties on Edith Cavell and there are only a couple of
intervening lots left. [Indeed, on his overhead it was apparent the 16 feet would
cut away part of the cottages on at least two of those lots.]
Council chose to pass a resolution to simply receive the correspondence as information
and file it, thus taking no action on it at all. This meant the conditions regarding
the severance would stay.
2. Special Event Permit Application - 2014 Canfest
Special Event Permit Application - 2014 Canfest in Port Stanley. Councillor McNeil
said there was a mistake in the resolution on this item as no liability insurance
was required because no part of the event was being held on municipal land. The
fireworks will be held on Mackies privately owned section of Main Beach. The firefighters
cardboard boat race was cancelled because the launch for it was on municipal land
and the BIA organizers were not willing to premium for the $5 million liability
insurance required by the municipality. Council approved the special event permit
subject to confirmation that the fireworks were not going to be on municipally owned
land, and other certain standard conditions.
3. Outdoor Vendor Application
Outdoor Vendor Application received from Eric Salin, Sport in Port. Councillor McNeil
noted this was the first such application to come before Council since the pilot
project was approved. He said this was exactly the kind of beach vendor that would
provide more activity to beach goers. Council approved the application and allocated
spot #13 to Salin, a 10 ft by 10 ft spot right next to the west breakwater. This
was the spot Salin had wanted as it provided an option to launch kayaks on the harbour
side of the breakwater. Sport in Port will be renting kayaks, beach chairs and beach
shade products from this location on the beach.
Correspondence (for Council's Information)
- Received as information and filed
- 1. Central Elgin Planning Office - 2014 Budget: Correspondence received from
Central Elgin Planning Office respecting 2014 Budget. Central Elgin's share of the
$507,715.00 2014 budget is 32% = $160,015.00
- 2. Ontario Municipal Board - Oral Decision: Correspondence received from
the Ontario Municipal Board respecting Estate of Joseph William Corner. The OMB
over turned the Land Division Committee decision and allowed the severance of one
lot, containing an existing house and outbuildings, under 5 specific conditions.
- 3. Official Plan Amendment - Township of Malahide: Notice of the Adoption
of Amendment No. 10 to the Township of Malahide Official Plan. They are changing
the date of surplus farm dwellings to a floating date of not less than 10 years,
and the existing requirement that only one surplus farm dwelling be allowed to be
severed pursuant to each corporate farm consolidation is to be deleted
CEP 22-14: Application for a Consent No. E23/14 - Dan Debackere, 5013 Yarmouth
Centre Road. A severance proposal to sever a parcel containing an existing farm
dwelling for rural residential purposes and to retain the other parcel for agricultural
purposes; and to repeal zoning by-law amendment # 489, which permitted a second
farm residence on the subject lands. Council had no objection.
CEP 23-14: Application for a Consent No. E24/14 - Michael Deleebeeck, 96
Coulter Avenue. The purpose of the severance is to create a new vacant building
lot. Council had no objections.
CEP 28-14: Application to Amend Township of Yarmouth By-law 1998 - Frank
Hough, 43746 Dexter Line. This is an amendment to the Zoning By-law to reduce the
minimum frontage on the severed lands and restrict livestock from being kept in
the barns on the retained lands from a recent severance. Council deemed the application
complete and scheduled the public meeting on it for June 16, 2014 at 7:20 p.m.
CEP 29-14: Application for a Consent No. E36/13 - Estate of Helen North,
117 St. George Street. This is a consent application for the purpose of creating
three vacant residential building lots with frontage along Independent Street. It
was deferred by Land Division pending final approval of the County's official plan
amendment. Council received this report as information.
CEP 30-14: Application to Amend Township of Yarmouth By-law 1998 , Michelle
Myszko, 44892 Talbot Line. This is a site-specific draft amendment to the Zoning
By-law to permit a naturopathic clinic on lands located at 44892 Talbot Line. Council
deemed the application complete and scheduled the public meeting on it for June
16, 2014 at 7:10 p.m.
- Taken and passed collectively
- By-law 1733: Confirmatory By-law
- By-law 1734: Non-Union Wages. Central Elgin continues to offer attractive
- By-law 1735: Student/Seasonal Wages. Wages for students under 18 years of
age range from $10.30 to $12.97 per hour. Wages for students 18 years and older
range from $11.00 to $13.86 per hour.
- By-law 1736: Volunteer Firefighter Remuneration. Firefighters will be paid
$24.93 per hour for attendance at a fire/rescue emergency call (minimum call out
of 1 hour), as well as paid a base honorarium and paid for training sessions.
Councillor Matthews noted that though there are a lot of new lots being severed
and put together in the Eastwood subdivision, Council hasn't seen any paperwork
on them. Perrin said staff does not control when people submit applications.
Councillor Martyn noted that Peter Robson had dies on Saturday and that he had contributed
a lot to the rebuilding of Sparta's economy.
CS1: Labour Relations or Employee Negotiations (s.239(2)(d)) - Animal Control