T-B: Robert Weare - Lifetime; Dot Sale - Cultural; John Martyn - Natural

Presentation of the Ontario Heritage Trust Certificate of Achievement Awards topped the Central Elgin Council agenda list on February 11, 2013, with three honourees from different areas of the municipality.

As part of the 2012 Heritage Community Recognition Program, shown to the left, top to bottom, are:

Robert Weare of Port Stanley received a Lifetime Achievement Award for his years of dedication and tireless work to preserve the L&PS rail connection between London and Port Stanley, and in the restoration, preservation and running of the Port Stanley Terminal Railroad.

Dot Sale of Belmont received the Cultural Heritage Award for her years of dedicated work in researching, recording for posterity - which includes writing and publishing 13 books on it - Belmont's heritage.

John Martyn of Sparta received the Natural Heritage Award for his years of dedicated work in preserving Carolinian forest species and reforestation.

Congratulations to this year's recipients whose work enriches our community, both now and for many years to come.

Correspondence (Action)

1. Dog Licence Fees:
Correspondence received from Marta Baitz, 6193 Oakview Crescent respecting dog licence fees. This lady was complaining that the fees had been doubled. Council maintained there had been a $5 increase, not double, and that the fees had been increased to bring them in line with surrounding municipalities. Council directed staff to send a letter explaining the fee increase and the reasons for it to Ms. Baitz.

Later, under New Business, Councillor Martyn raised the issue of a resident who was not allowed to purchase 4 dog licences as she has been doing every year, because the maximum number of dog licences is set at 3. For more than 3 dogs, a kennel licence is required. Martyn wants a phase-in so that people with more than 3 dogs will reduce that number through attrition as the dogs die off and are not replaced. Mayor Walters wants Council to review the By-law before any changes are made.

2. Catfish Creek Conservation Authority:
Copy of 2013 Preliminary Budget for Catfish Creek Conservation Authority. Council approved payment of Central Elgin's levy apportionment of $60,337.01, which is an increase of 2.9% over last year. Councillor Martyn reported that the CCCA held the line by freezing all staff wages and transferring $200,000 out of their reserves into the 2013 budget.

Correspondence (for Council's Information)

• Received as information and filed
• 1. Ontario Good Roads Association (OGRA): Copy of OGRA Heads Up Alert - Minimum Maintenance Standards. Perrin noted winter control standards have changed somewhat.
• 2. Elgin County OPP - Auditor General's Report: Copy of correspondence sent from Inspector Brad Fishleigh, Detachment Commander, Elgin County OPP, to Elgin Group Police Services Board respecting recent Auditor General's Report. Deputy Mayor Marr was impressed by the 42% local reduction in overtime hours.
• 3. 140 St. George Street: Correspondence received from Stan Beleutz, 32 Vineden Drive, and Bob Fleming and Carol Fleming, 4 Vineden Drive respecting 140 St. George Street
• 4. AMO - Members Pension Plan: Correspondence received respecting AMO - Members Pension Plan.
• 5. Association of Ontario Roads Supervisors: Correspondence received from Association of Ontario Roads Supervisors extending congratulations to Glenn Golem, Andrew Sleegers for recent Associate Road Supervisor certifications and Jason Vowel for recent Associate Road Supervisor certification. Councillor McFarlan wanted to know what course Jason Vowel had to take. Perrin said there were a number of courses at different levels, as well as experience. Deputy Mayor Marr offered his congratulations to these certificate recipients.

Committee Reports

Municipal Heritage Advisory Committee: Sparta Baptist Church: Recommendation for Addition to Clerk's List of Property of Heritage Value or Interest - Sparta Baptist Church, 46170 Sparta Line
The church members were advised of this recommendation and its implications and the majority of them were in agreement with placing it on the Clerk's List.

The Baptist Church was built as a mission of the First Yarmouth Baptist Church (The Plains) in 1869. The original church structure was a white frame church, but in 1898 it was raised on jacks, had a basement hand dug beneath it and a stone foundation put in place. The surface of the building was covered in red bricks and the buttresses were added. The church features corbelled brick work, and coloured and patterned glass windows in Gothic style spaced between symmetrical buttresses. These features are typical of the Rural Gothic style in which the church was built. It also features double entrance doors with a three teardrop window above on the front gable.

Their first minister was the Rev. Alexander MacDonald who later became the first missionary to Western Canada. The congregation struggled for its first few years and then grew by the 1880s. It continues to serve the community of Sparta to this day.

Staff Reports

PW 02-13 Millman Drain: Report referral back to Engineer
Evidently the Millman Municipal Drain was not found in its original 1961 location. It had been moved and rebuilt on private property in 1970 by the County when they were rebuilding John Wise Line. It was subsequently found "in early November (2012) by Allen Fish when he dug holes on his property with an excavator to look for the pipe that he thought was the official municipal drain. While digging he found two pipes, one which was plugged and one that was carrying water. It was determined by staff that the pipe he exposed, which was running water was in fact, the Millman Municipal Drain."

"Staff investigated the exposed drain further once it had access to the pipe and determined the location of the drain by the use of video equipment. Repairs were made to this drain where it plugged on the property line between Allen Fish's property and Scott VanHaren's property. The drain was in need of some repair, however, not to the extent of what the Drainage Report [which was appealed by Allen Fish to the Ontario Drainage Tribunal under section 48 of the Drainage Act on the grounds that the report was impractical.] was calling for. The drain is now up and running, and the problems that initiated this report are now resolved."

"After staff had further investigated the drain, it was determined that the County of Elgin relocated the portion of the drain along John Wise Line from the road allowance south to private property. The outlet of the drain was also moved from a property north of John Wise Line to a property south of John Wise. This was done outside of the drainage act and the Municipality had no drainage records indicating this change. Therefore, staff was unable to locate the drain during its initial investigation."

"Allen Fish has withdrawn his appeal to the Ontario Drainage Tribunal now that the drainage report is referred back to the engineer, the majority of the work to date is invalid and therefore will be ignored. However, the portion of drain that the county relocated in 1970 is currently sitting on private property and holds no status as a municipal drain. What this means is that the Municipality has no authority over this portion of the drain and therefore cannot access the drain for maintenance without the cooperation of the landowner. This part of the drain should be adopted as the Millman Municipal Drain so that it can be properly maintained as a municipal drain. In order to do this a report will need to be completed, which can be done if referred back to the engineer."

"The current engineering fees incurred to date are approximately $8,000 for the initial report. Staff have contacted the county and relayed the information to them and they have offered to pick up half of the cost of the report due their error in 1970. That would leave $4,000 in remaining engineering fees. It is suggested that this cost could be picked up by the professional services budget and not be charged to the land owners."

Council agreed to refer the Millman Drain Report back to the engineer and to this cost sharing of fees.

By-laws

• Taken and passed collectively
• By-law 1559: Being a By-law to Assume Certain Lands as Part of the Public Highway known as Edgeware Line
• By-law 1560: Confirmatory By-law
• By-law 1561: Being a By-law to Authorize the Execution of a Development Agreement with Robin Ridge Estates Limited respecting Phases 2 and 3 of Draft Plan of Subdivision 34T-04002

Unfinished Business
1.Year Round Depot: staff report to come forward

Closed Session
CS1: Labour Relations or Employee Negotiations - Verbal Report
CS2: Security of Property - municipal parking lot