Andrew Hibbert's Signage Conception
In correspondence requiring action on the Central Elgin Council agenda for the May
26, 2014 meeting, it seems that the unelected community group known as the Port
Stanley Village Association (PSVA) is eager to take over some of Council's legal
responsibilities, from signage on the DOC building to deciding if, when and where
dogs are to be allowed on Port Stanley's beaches. The Port Stanley Village Association
is not, in and of itself, an elected representative body of the residents and taxpayers
of Port Stanley. They boast a membership that comprises roughly 10 percent of the
village's population and it often seems as if the 'new kid in town' wants to run
1. Dominion of Canada Building - Signage
Correspondence received from Port Stanley Village Association advising they wish
to contribute $400.00 towards signage for the Dominion of Canada Building.
The PSVA was suggesting in this letter donating the $400 they had previously raised
to paint the DOC building (but which was no longer needed for that purpose) towards
the cost of signage on the DOC building. One of our directors, Andrew Hibbert, has
completed some possible designs for the signage, which I include with this letter
... The signage is much needed to help visitors recognize the Dominion of Canada
building as a heritage public building.
Mayor Walters was absent from this meeting due to planting operations on his farm.
Deputy Mayor Marr chaired the meeting and deferred comment on this piece of correspondence
to Port Stanley Ward 1 Councillor Dan McNeil who was a member of the PSVA until
he was elected to Council. It gave McNeil, who is running for re-election, a beautifully
staged opportunity to commend the PSVA for wanting to donate the money for this
purpose, but at the same time to advocate for the best interests of the community
as a whole by turning down the donation, saying "it would be wrong to make a decision
tonight" because such a decision would be committing the municipality to that specific
course of action. Marr followed suit on McNeil's reasoning, saying a possible future
tenant may want to have a say in any signage for the building.
Council directed staff to advise the PSVA to hold their funds as the donation was
premature because the future use of the building has not yet been determined.
3. Dogs on Public Beaches
Correspondence received from Port Stanley Village Association respecting a by-law
concerning dogs on public beaches.
In response to an earlier request by the Port Stanley Village Association re by-laws
for a dog beach, Central Elgin Council researched the by-laws being used in various
local municipalities and listed them in a letter to the PSVA ... In our discussion,
the directors of the PSVA have agreed that the by-law most agreeable to us is the
one that allows no dogs on public beaches from May 15 to September 15 between 9
AM and 6 PM.
Once again, initial comments on this item were deferred to Councillor McNeil. Thanking
the PSVA for their comments, McNeil said dogs on the beach was a very controversial
and complex issue. "We need to look ahead a number of steps because the status quo
is wrong." McNeil said the "no dogs on the beach" is a bad law and Step 1 is getting
a definitive answer from the Blue Flag Committee about how dogs on the beach would
affect Port Stanley's Blue Flag status. He said Step 2 was setting up an enforcement
regime because "right now we have none"; noting that enforcement needed to be year
round and not just seasonal. Step 3 he identified as the municipality developing
lands from Erie Rest Beach west, creating a large paid parking lot for use at the
dog beach there and thus generate a revenue stream for enforcement. "We would have
to have at least one public meeting," McNeil concluded. Marr followed suit on McNeil's
reasoning, saying "we need to do more homework."
Council received the PSVA letter as information and directed staff to thank them
for their comments.
2. Ontario Good Roads Association
Correspondence received from Ontario Good Roads Association (OGRA) seeking direction
respecting Central Elgin's contribution to Minimum Maintenance Standards (MMS) Litigation
Central Elgin previously contributed $1,300.00 towards the OGRA intervening in a
lawsuit which sought to have the Minimum Maintenance Standards (MMS) declared null
and void. In the original appeal we stated that "any funds not used will be refunded
back to contributing municipalities on a pro-rated basis". That said, the
OGRA then suggested keeping the excess contributions as a legal slush fund (reserve)
for any future legal actions. Central Elgin is due a refund of $651.30. Council
voted to accept their refund and not leave it in the OGRA legal reserve fund.
4. The Windjammer Inn - License Extensions
Correspondence received from the Windjammer Inn seeking municipal approval for Alcohol
& Gaming Commission - License Extensions for outdoor area at 324 Smith Street, Port
Stanley for the dates of July 1, July 19, August 3 and August 31. Council had no
5. Sparta Community Society: Addendum:
This item was added to the agenda at the start of the Council meeting. The society
is seeking to hire the municipality to install an access ramp at their community
hall. In 2012 the municipality agreed to donate the labour if the society could
raise the funds for the project, but Central Elgin would not donate funds as the
municipality does not contribute to capital improvements for properties it does
not own. Well, the society raise funds and got a grant and is now asking the municipality
to make good on its prior promise.
Staff was directed to update the cost of the project and determine when the Physical
Services Department could actually do the work, keeping in mind the municipality
intends to use that building as an advance polling station in the upcoming municipal
election, and as such, it will have to be accessible. Staff is to contact the Society
with the updated costs and timeline, and if everything is agreeable, then proceed
with the work. Deputy Mayor Marr thought it was important to first inform the Sparta
Community Society of today's costs "before we start the work."
Correspondence (for Council's Information)
- Received collectively as information
- 1. Ontario Medal for Good Citizenship: Correspondence received from Ministry of
Citizenship and Immigration respecting "Ontario Medal for Good Citizenship".
- 2. 2014 Senior Achievement Award Program: Correspondence received from Ministry
of Citizenship and Immigration respecting "2014 Senior Achievement Award Program".
- 3. Ontario Energy Board: Ontario Energy Board Notice respecting rates for the sale
and distribution of natural gas. NRG asked the Board to be able to recover from customers
the costs of natural gas purchases made by NRG in February 2014 in order to fulfill
its contract with Union Gas Limited. NRG stated that it was unable to buy enough
natural gas to fulfill its contractual obligations and was subject to a penalty
... The Board notes that its Decision and Interim Order resulted in a rate increase
for an average residential customer of approximately $280 a year. This amount does
not include the penalty charge. Depending on the outcome of this hearing, the rate
impact could change.
- 4. Natural Resource Gas Limited: Copy of correspondence sent to the Ontario Energy
Board from the Municipality of Bayham seeking support that Natural Resource Gas
Limited (NRG) not be granted permission to recover from its ratepayers costs associated
with servicing consumers with natural gas. the penalty costs associated with the
purchase of gas are a result of poor contract management and are not 'reasonable'
to be passed on to customers ... NRG acted imprudently during the past winter because
it did not take any pre-emptive action to mitigate the shortfall in its banked gas
account Looking at these two items together, Councillor McFarlan did not
think there was "anything we can do on this."
- 5. Springwater Developments Inc. - Public Meeting: Notice of a Public Meeting for
Springwater Developments Inc., Subdivision 34T-14501 - Orchard Park South Phase
PW 26-14: Supply and Apply Surface Treatment Tender Award: Council agree
to participate in the County of Elgin's Micro Surfacing and Surface Treatment Tender
and agreed to enter into a contract with Duncor Enterprises Inc. of Barrie, to supply
and apply surface treatment as per the terms and conditions of the County of Elgin's
Contract at the price of $2.341/m2 for single and $4.85/m2 for double surface treatment;
as passed later in By-law 1740.
PW 27-14: 2014 Port Stanley Watermain & Storm Sewer Replacements Phase 2:
Council added the following unbudgeted engineering work to the 2014 Port Stanley
Watermaln & Storm Sewer Replacements Phase 2 project through the 2015 budget:
Smith Street - road reconstruction & storm sewers Sydenham east to Carlow Road
Carlow Road - trunk storm sewer outlet to the lake
Edith Cavell Boulevard - road reconstruction & storm sewers 374 Edith Cavell to
Sydenham Street - road reconstruction and storm sewers - George Street to Erie Street
and appointed AECOM to complete the engineering for the 2014 Port Stanley Watermaln
& Storm Sewer Replacements Phase 2 for a total of $100,186 (which would include
the engineering for the reconstruction of Erie, Smith and Sydenham streets, Edith
Cavell Boulevard from William Street to 360m west and a new trunk storm sewer on
Carlow Road from Smith Street to the area of the new proposed boat launch on the
PW 28-14: East Pier Revitalization - Consultant Appointment: Council agreed
to engage Stantec Consulting Ltd. to provide Landscape Architectural Services for
the revitalization of the East Pier and Kiwanis Park for a total cost of $39,724
excluding HST and to appoint a steering committee to oversee the project comprised
of 3 members of Council (Marr, McNeil and Carr - who has now decided to run for
re-election after all), one member from the BIA and one member of the Fisherman's
Association. The funding obtained through the RED Program is 5O% of the total cost.
The East Pier area is currently used to access the commercial fishing fleet It is
Council's desire to promote this area as not only an area to access the fishing
fleet but also to encourage pedestrian traffic In this area as well. It
was noted fishermen have expressed concern that such a walkway might interfere with
their commercial operations, but McNeil said he was determined this walkway could
enhance the fishermen's operations while putting them on public display at the same
time, as an integral feature of Port Stanley's tourist attractions.
Kiwanis Park, which is located on the North Side of Bridge Street adjacent
to Kettle Creek ... is overgrown with hedges and plantings and is in need of a facelift.
Deputy Mayor Marr said he thought the Port Stanley Volunteer Gardeners should also
be involved as they have maintained the gardens in that park for many years.
PW 29-14: Belmont Arena Chiller Replacement: Council awarded the contract
for the replacement of the Flood Chiller and Brine Pump to Black and McDonald for
a total quoted price of $54,275.00 exclusive of HST, and no, it will not make the
ice any faster.
DFS 09-14: Bel Parc Inc. - Non-Profit Seniors' Apartment - 203 Union Street, Belmont
- Request for Reduction in Tax Ratio: Council agreed "to offer an annual
reduction of local municipal property taxes to Bel Pare Inc. for their capital facilities
located at 203 Union Street in Belmont, of the amount equivalent to the difference
between the local taxes calculated using the current year's tax rate for properties
in the Multi-Residential property class and the local taxes calculated using the
current year's tax rate for properties in the Residential property class; and directed
staff to submit a similar request to the County of Elgin requesting the County to
offer a similar annual reduction for their local property tax amount." This is a
facility similar to Kettle Creek Villa in Port Stanley which has the same property
tax arrangement. The total tax reduction for 2014 will amount to $17,910.66.
DFS 10-14: Update on the 2013 Audit: Staff will be submitting the 2013 Financial
Information Return to the Ministry of Municipal Affairs and Housing as per the requirements
on or before May 31, 2014. This will be followed by the presentation of the 2013
Audited Financial Statements to Council at its meeting of June 23, 2014 by Graham
FS 05-14: Monthly Alarm Activities Report: Received as information without
- Taken and passed collectively
- By-law 1737: Being a By-law to Execute Municipal Funding Agreement with AMO
respecting Transfer of Federal Gas Tax Funds
- By-law 1738: Confirmatory By-law
- By-law 1739: Bel Parc Non-Profit Tax Relief
- By-law 1740: Being a By-law to Execute an Agreement with Duncor Enterprises
Inc. respecting 2014 Apply and Supply Surface Treatment
- By-law 1741: Being a By-law to Appoint By-law Enforcement Officers for The
Corporation of the Municipality of Central Elgin
- By-law 1742: Being a By-law to Reduce the Speed Limit on Municipal Highways
- By-law 1743: Being a By-law to Establish a Municipal Addressing System
New Business: Deputy Mayor David Marr asked Councillor Sally Martyn about
new lands being purchased by the Catfish Creek Conservation Authority. Martyn confirmed
that the opportunity had arisen for the CCCA to buy farmlands adjacent to the Yarmouth
Natural Heritage area, which would add about 40 hectares to the YNHA. The 15 acres
of it that is currently workable land will be reforested. It all forms part of the
Carolinian Life Zone that reaches all the way to Lake Erie.
Unfinished Business 1. Front Street Bridge: staff directed to prepare
a report on the structure
- CS1: Litigation or Potential Litigation (s.239(2)(e)) - Property Standards
- CS2: Labour Relations or Employee Negotiations - (s.239(2)(d)) - Engineering