Lead photo: Garry Lale
Poor Tom Marks continues to run into difficulty in his attempts to sever a middle
piece of land from his farm to give it to the Kettle Creek Conservation Authority.
Provincial Policy prohibits severance of agricultural land into smaller pieces except
as part of a farm consolidation process, and for some reason the MOE won't allow
a "gift-in-kind" of land, so the issue was back before Central Elgin Council at
their meeting of September 16, 2013.
Report DFS 18-13: Land Conveyance - Marks Dairy Farms Limited: Poor Tom Marks
is still running into difficulty trying to give away a piece of his farm to the
KCCA, which would necessitate a severance of his farm property into three pieces.
For some reason Mayor Walters was unable to explain to Councillor Martyn, the MOE
will not approve the severance of a "gift-in-kind" of land to the KCCA; they only
approve purchases. Some complicated scheme whereby the Municipality of Central Elgin
accepts the land from Marks, and then turns around and gifts it to the KCCA has
been proposed. This report deals only with the tax implications of that scheme and
not with whether or not the scheme would actually comply with the Provincial Policy
Statement that prohibits the severance of agricultural land into smaller parcels
except for the purposes of farm consolidation.
While there would be no HST to be collected or remitted for a "gift-in-kind", the
municipality would have to issue a would be responsible for issuing a donation receipt
in the appropriate taxation year for the value of the appraisal conducted under
the Land Transfer Tax.
For the Land Transfer Tax an independent valuation of the land would be required
to assign an appropriate figure to the property and the resulting land transfer
taxes would need to be remitted by the recipient of the land in both transactions.
Consequently, there would be land transfer taxes to convey from Marks Dairy Farms
Limited to the Municipality of Central Elgin, and again land transfer taxes to be
paid by Kettle Creek Conservation Authority upon receipt of the land from the Municipality
of Central Elgin.
Current Land Transfer Tax Rates are 0.5% of the value of consideration for the transfer
up to and including $55,000; 1% of the value of the consideration which exceeds
$55,000 up to an including $250,000; 1.5% of the value of the consideration which
exceeds $250,000; and 2% of the amount by which the value of consideration exceeds
$400,000 for land that contains at least one and not more than two single family
As with all realty transactions, a variety of costs associated with the process would
need to be compensated for during the conveyance. Costs include but may not be limited
to the appraisal (required for items 2 and 3), land transfer taxes (item 2), registration
of and search on title as well as any legal representation costs incurred by the
parties to the conveyance.
Mayor Walters told Councillor Martyn he would look into exactly why the land could
not be directly gifted from Marks Dairy Farms Limited to the Kettle Creek Conservation
Authority and bring that information back to Council. Council received this report
as information but took no action upon it.
When I asked Tom Marks out in the hall after the Council meeting if he'd got his
severance yet from Land Division, he said it was waiting on a decision from the
1. Proposed Severance:
Garry Lale, 44231 Southdale Line, was in attendance to discuss a proposed severance
of the subject property. He was looking to clean up an issue with one of his properties
before he dies, saying he didn't want to leave it to his kids to have to do it.
He wants to sever a surplus dwelling on his property that he originally built for
his mother, who has since died. There was some discussion by Council as to who was
actually living in the building, and Jim McCoomb said a dwelling must be declared
surplus as part of a farm consolidation before it can be severed. Council voted
to support Mr. Lale's application to Land Division.
2. Proposed Severance:
Dan Debackere was in attendance to discuss a proposed severance of a surplus dwelling
at 44810 Dexter Line. Debackere said his father just missed the farm retirement
lot cut off, but this building does meet the surplus dwelling policy. Council will
also support this application at Land Division.
1. Tax Bill Questions:
Email correspondence received from John Terrio seeking answers to questions provided
in his email respecting recent tax bill insertion:
- The overages with such expensive projects related to the fire department come
- Should these or are these all taken into the Fire budget?
- How much does extra policing cost for Port Stanley to keep the Blue Flag status?
- How much is extra Fire Prevention and emergency services costing to sustain Blue
- How much is spent in each riding for Parks and Recreation?
With no discussion of the correspondence or the questions, Council decided to authorize
Mayor Walters to prepare and send a response.
2. Community Heritage Recognition Awards Nominations for 2013:
List of Nominations for 2013 Community Heritage Recognition Awards as recommended
by Heritage Central Elgin. The nominees are:
- Built Heritage: Allan and Sandra Fish for the preservation of the Cole homestead
originally built by W.B. Cole, the great grandfather of the current owners. Allan
and Sandra Fish have lovingly restored this beautiful yellow brick Italianate style
home with the help of Allan's brothers and son Greg. The home features many details
of the 1870s that have been preserved and refurbished. Many of the furnishings are
also original as is all the interior trim. The home gives us a glimpse of life in
the 19'h century. Allan and his family have done all of the work themselves restoring
and replacing woodwork that had deteriorated.
- Cultural Heritage: Andrew Hibbert for his work preserving the heritage of
the area writing articles on local history for his bi-weekly publication, and as
an active member of Heritage Port and the Stork Club Museum and Cultural Centre,
and his work with Doors Open Port Stanley/Sparta publishing the map and guide free
of charge for distribution with his Lake Erie Beacon publication.
- Natural Heritage: The North Family. Helen and Dennis North have been reforesting
the steep hillside on their property with Carolinian species for the past 10 to
12years. This property is on the north edge of St. Thomas just as you enter Central
Elgin and this slope of hazard land is now a welcoming feature. After the passing
of his parents, Peter North and his wife Deneen have continued with the planting
of Carolinian tree species and have now planted 2,250 trees, including 750 this
Council approved these nominations without discussion. 750 trees is the minimum
number each year at which the KCCA will actually plant the trees for you. All you
have to do is provide the land and agree to having it reforested.
3. 2014 Poppy Campaign:
Correspondence received from Ann Munroe, Poppy Co-Chairman, Royal Canadian Legion
Branch 410, Port Stanley, requesting permission to allow a Poppy Distribution Volunteer
to canvas outside the Port Stanley Arena on November 9th, 2013. Council has no objection
and granted the requested permission.
4. Belmont Lioness Club - Annual Bazaar:
Correspondence received from Belmont Lioness Club asking Council to consider charging
them the Non Profit Organization Rate for their Annual Bazaar at the Belmont Arena
& Community Centre. Council approved this request for the non-profit rate and
Councillor McFarlan brought up the need to create a consolidated policy for non-profit
rates that covers all of the municipality's facilities.
Correspondence (for Council's Information)
- 1. Union Gas: Ontario Energy Board Notice to Customers of Union Gas Limited
respecting gas rates for 2014 - 2018 period.
- 2. COA 2-10, 42078 McBain Line: Correspondence received from Environment
and Land Tribunals Ontario (Ontario Municipal Board) advising that appeal by Tridon
Properties Limited was withdrawn respecting COA 2-10, 42078 McBain Line.
- 3. CUPE/SCFP: Correspondence received from CUPE/SCFP respecting Child Care
Worker & Early Childhood Educator Appreciation Day.
- 4. Association of Ontario Roads Superintendents (AORS): Correspondence received
from AORS extending invitation to attend Annual Joint Meeting of the Elgin, Middlesex,
Oxford Road Supervisors Associations in Woodstock on October 18, 2013.
- 5. County of Elgin Land Division Committee: Correspondence received from
County of Elgin Land Division Committee requesting that planning reports be forwarded
to them prior to their scheduled public meetings.
- Received as information, without discussion by council, and filed
CEP 42-13: Application for Draft Plan of Condominium Approval - Prespa Construction
Limited: part of Lot 1, Concession 9, Geographic Township of Yarmouth MMAH
File No. 34-CD-13002. Although Councillor Martyn expressed some misgivings about
the number of units to be constructed, Council approved this draft plan of Condominium
for the Lynhurst area located at the easterly end of Vineden Drive in principle,
and scheduled a public meeting on it for October 21st, 2013 at 7:15 p.m.
CEP 43-13: Application for a Consent No. E58/13 - Paul and Terri-Lynne Dean, 143
Centennial Avenue: Council had no objection to this creation of a new residential
building lot, subject to the provision of cash in lieu of the 5% dedication of parkland.
CEP 44-13: Application for a Consent No. E59/13 - Mark and Janis Harris, 42488 Ron
McNeil Line: Council had no objection to severing 10.11 acres containing
a house and barn to be kept for agricultural and residential uses which is declared
as surplus, from the other parcel of 65.39 acres to be retained for agricultural
purposes, provided the retained lot be rezoned to prohibit any new residential dwelling.
CEP 45-13: Application for a Consent No. E63/13 - 8655720 Ontario Inc., 143 Borden
Avenue: Council had no objection to this creation of lots for industrial
and commercial purposes, subject to the provision of cash in lieu of the 2% dedication
CAO 39-13: GIS Parcel Re-alignment and Correction: Council passed a resolution
advising the County of Elgin that the Municipality does not wish to participate
in the Request for Proposals (RFP) for the Geographic Information System (GIS) parcel
realignment and correction project, as the Municipality has already undertaken this
work for its GIS system.
PW 60-13: 2013 Ministry of the Environment Report for the Central Elgin Water Distribution
Annually the Ministry of the Environment conducts an in-depth inspection of all water
systems in the Province. The inspections include on site visits, sampling and document/records
review. The inspections are conducted by a Provincial Officer from the London District
Office. This report represents the findings of the annual inspection that was conducted
on July 18, 2013.
The inspection looks for compliance in a long list of areas that includes conformity
to the Drinking Water Works Permit, the Drinking Water License, 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 licensing
and training, distribution system operation and maintenance programs and water sampling
programs and results.
During the inspection the Provincial Officer took water samples and sent them to
their own laboratory for analysis to confirm water quality. The Provincial Officer
will highlight any non compliant issues and provide recommendations on best practices.
There were NO regulatory non-compliant issues found in the Central Elgin Distribution
System during the comprehensive Ministry of the Environment Inspection resulting
in a perfect rating of 100%. The Central Elgin Distribution System has earned a
100% rating in each of the past 5 years.
PW 62-13: Garbage Bag Tag Program 2014: Councillor Martyn wanted to see a
quicker reduction in the number of bag tags issued each year, reducing them by a
set number rather than percentage, until they achieve the desired 52 tags per year
result (one bag per week per household). It was agreed by Council that residential
tags this year would be reduced to 81 and go down by 5 tags per year until they
reached 52. Commercial will get 180 tags this year and farms will get 40 bag tags.
Marr and Carr said they thought farm tags could be reduced by half that amount.
It was agreed to leave them at 40 for this year but put an information flyer with
agricultural tags letting farmers know what they could put in the Blue Box for recycling
(feed and seed bags, baling twine, bale wraps) and Perrin is to investigate markets
for agricultural waste to increase what they can take in the Blue Box program.
Staff was instructed to organize distribution dates for the bag tags at the Belmont
and Port Stanley arenas and at the Elgin Mall.
PW 63-13: Forest City Kennel Club Use of Belmont Arena: Council approved
rental of this facility for this annual event for each of the next three years,
with a three year contract based upon the current 2013 rates with a 2% increase
per year. This non-profit club does not charge admission to this event.
PW 64-13: Barnum's Gully Line Culvert Repair: Council voted to proceed with
To proceed with the engineering today and schedule the construction for as soon
as possible in 2014 because the work could not be completed in the time remaining
in 2013. This will give staff adequate time to try and secure easements as well
as any other approvals that may need to be in place. A line item for the construction
of this project could be added to the 2014 budget.
PW 65-13: Rural Economic Development (RED) Fund Grant: Council directed staff
to proceed with an application under this program for Project 1 - Design of a new
Public Boat Launch at the end of Carlow Road (Bessemer Dock) and Project 2 - Design
of East Harbour walkway.
- Taken and passed collectively
- By-law 1639: Confirmatory By-law
- By-law 1640: Zoning By-law Amendment - 42445 John Wise Line
- By-law 1641: Removal of "H" Holding Symbol - McBain Line
- By-law 1642: Being a By-law to Execute a Heritage Conservation Easement Agreement
with John Howard Neal and Eileen Anna Simpson respecting 6137 Hiram Smith Line
- By-law 1643: Being a By-law to Execute a Heritage Conservation Easement Agreement
with Peter and Eleanor Robson respecting 46324 Sparta Line
- By-law 1644: Being a By-law to Amend By-law EG1 as Amended
Notice of Motion: That section 75 of By-law 984 be amended to read:
Individuals or groups wishing to appear before Council at a Regular Meeting shall
advise the Clerk or Deputy Clerk in writing, stating the purpose for the delegation,
not later than 4:30 p.m. on the Wednesday prior to the meeting. Passed.
Centennial Ave Construction: Lloyd Perrin said they will not get all of Centennial
Ave done this year. All of the underground services are going in at once and they
expect to have a base coat of asphalt on Centennial by the end of November.
MPAC Error: Mayor Walters said the municipality had received a request for
reimbursement of taxes based on an error MPAC made regarding the ratepayer's property.
He said they would have to look into what they could do about it.
Petition Opposing Designation of Heritage Conservation District in Port Stanley:
As this petition, which organizers told me they submitted to the municipality on
Tuesday September 3, 2013, was not included on the agenda for this September 16,
2013 Council meeting, I asked Mayor Walters during the break why it had not been
included and what happened to it. He said it would have been sent to the Heritage
Committee, for that committee to make a recommendation to Council. I asked him if
all members of Council would ever actually see the petition and know how many signatures
were on it, and he said he would ask Don Leitch whether the petition should actually
come to Council.
- 1. Dogs on Beach: staff preparing a report for Council's consideration
- 2. Ice-time Fee Comparisons: staff preparing a report for Council's consideration
- CS1: Closed Session Minutes
- CS2: Proposed or Pending Acquisition or Disposition of Land (s.239(2)(c))
- Harding Smith Line
- CS3: Security of Property (s.239(2)(a)) and/or Solicitor-Client Privilege
(s.239(2)(f)) - Natural Resource Gas (NRG) Franchise Agreement
- CS4: Security of Property (s.239(2)(a)) - Port Stanley Harbour