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L-R: Nicole Ooms and Erica Arnett
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With Councillor Matthews back on active duty, all members of Central Elgin Council
were present for the January 14, 2013 Council meeting in which Lloyd Perrin explained
the levels of due diligence and standard of care they are required to exercise under
the Safe Drinking Water Act as of January 1, 2013, and their personal levels of
responsibility and liability.
The meeting began with everyone in Council Chambers observing a moment of silence
for John Wise, whose funeral was on this day.
Delegations
1. Elgin St. Thomas Active Transportation Initiative:
Erica Arnett and Nicole Ooms, Elgin St. Thomas Public Health were in attendance
to discuss Elgin St. Thomas Active Transportation Initiative. They received a strong
response to their on-line survey with 80% or respondents engaging in cycling and
97% engaging in walking. The majority of respondents were between 26 and 75 years
of age.
Active transportation is both for recreation and as an alternative method of transportation
to work or school. Many of the respondents live within 10 km of work or school so
active transportation is seen as an important viable alternative.
Most respondents thought their municipality should invest in active transportation
connectivity routes and trails, saying they thought it was important to improve
quality of life and health of citizens and provide access to natural areas.
The number one improvement that respondents (86%) said would encourage them to be
more active was increasing the number of bike lanes and paved shoulders. The number
two improvement that respondents (83.3%) said would encourage them to be more active
was more multi-use hiking trails. Responses indicate that the greatest influence
on increasing active transportation rates would be the provision of more supportive
infrastructure (paved shoulders, multi-use trails, better connections).
In the personal comments section of the survey a recurring theme was the danger
posed to cyclists from cars. "I find, in a day and age when we are consistently
trying to push the message that staying fit is vital to our health, that few towns
and municipalities support this by providing designated cycling/walking/running
lanes."
"In the Port Stanley area there is almost nowhere to walk or hike or cycle in a
natural area. Moving from one area to another always involves playing in traffic.
In London I can cycle through the entire city on multi-use riverside pathways, only
occasionally having to cross a vehicular traffic route," wrote another respondent.
Councillor McNeil, who is Central Elgin Council's representative on this committee,
said this initiative is all about synergy and standards and that "it's good for
sucking funds from the next level of government." [Same taxpayers, just a different
set of tax dollars.]
Report PW 01-13: Adoption of Active Transportation Initiative:
Council received this report as information and adopted it as a guidance document
for use in future road and trail planning. McNeil asked for the provision to the
committee for a specific letter of support from the municipality, to assist in their
"fund sucking". Mayor Walters said he would direct staff to prepare the letter.
2. Bell Mobility Telecommunication Tower - 44157 Fruit Ridge Line:
Steve Gitao, FONTUR International (or a representative) was in attendance to discuss
application for Bell Mobility Telecommunication Tower proposed on lands located
at 44157 Fruit Ridge Line.
The need for a new tower in this area was sparked by complaints of poor coverage.
Bell initially investigated piggy-backing on the local Rogers tower but height restrictions
made that not feasible. Bell needs a tower 70m in height. Notices were sent to all
properties within 210 meters of the proposed location (3 times the tower height)
and the only concerns expressed were how the base was to be landscaped.
Report PW 06-13: Telecommunications Tower Installation - 44157 Fruit Ridge Line:
Central Elgin currently has no telecommunications installation protocol so Bell
followed the Industry Canada standard in its proposal. Noting there is an application
for another tower at Southdale and Fruit Ridge, just one road over, Councillor Matthews
wanted to know if there was not some way to merge the two applications and build
just one tower to meet both needs. He was informed only Industry Canada can look
at the two applications together and suggest such a merger; the municipality cannot.
Council agreed to provide its "Concurrence" to the proposal for the installation
of a telecommunications tower at 44157 Fruit Ridge Line.
Correspondence (Action)
1.Dominion of Canada Building:
Correspondence received from Port Stanley BIA/Port Stanley Village Association respecting
Dominion of Canada Warehouse (DOC).
"In the course of planning for painting the exterior we have consulted with architects,
contractors and suppliers and have identified a number of obstacles to completing
the painting solely as a volunteer effort by local volunteers. We write therefore
to ask Central Elgin to assist us in relation to the immediate goal of painting
the exterior."
"Permanent Bathrooms: We are not familiar with the economics of renting portable
toilets on a seasonal basis compared to the cost of installing and maintaining permanent
toilets in the DOC Warehouse. However, we anticipate that it may be desirable in
the near term to renovate the toilets in the DOC Warehouse. We ask Council to consider
whether it would make sense to do that this year instead of continuing to rent the
temporary facility."
This was deferred for staff to prepare a report on it and bring it back to the last
council meeting in January.
2. Port Stanley Sailor's:
Correspondence received from Port Stanley Sailors Junior C Hockey Team seeking Council's
consideration to establish a sub-committee of Council to investigate the benefits
and possibility of increasing sponsorship, advertising and revenue at Port Stanley
Arena.
"... our goal is to drive traffic and revenue to the Port Stanley Arena and Central
Elgin."
Council agreed to set up an ad hoc Port Stanley Sailors Junior C Hockey committee
and appointed Dan McNeil, Steve Carr and David Marr to that committee.
3. KBRE Ltd.- Solar Panels:
Applications received from KBRE Ltd. for rooftop solar panels respecting the following
addresses: 46150 Fruit Ridge Line, 46400 Talbot Line and 44267 Elm Line.
4.Solart:
Application received from Solart respecting installation of solar panels at 9622
Yarmouth Centre Road.
Items three and four were essentially the same and each received the necessary supporting
motion for each specific address to allow them priority status for the FIT program.
Correspondence (for Council's Information)
- Received as information and filed:
- 1. Elgin Group Police Services Board: Copy of minutes from Elgin Group Police
Services Board meeting dated September 19, 2012.
- 2. Joint Accessibility Advisory Committee (JAAC): Correspondence received
from the County of Elgin advising that Deputy Mayor Marr has been re-appointed to
the Joint Accessibility Advisory Committee (JAAC).
- 3. Ontario Medal for Young Volunteers 2013: Correspondence received from
Ministry of Citizenship and Immigration respecting Ontario Medal for Young Volunteers
2013.
Reports
CAO 01-13: Application for Exemption to the Noise By-law No. 212, as amended:
Council granted an exemption to the Noise By-law to allow the Ontario Ministry of
Transportation to perform night-time and weekend construction between 8:00 p.m.
and 6:00 a.m. for bridge jacking and bearing replacement of the Kettle Creek Bridge
structure on Talbot Line from May 15th, 2013 to October 15th, 2013.
CAO 02-13: End of Year Building Report - 2012: Received as information and
filed. The new psych hospital is expected to open this spring.
PW 03-13: Kettle Creek Sediment Sampling:
" ... the municipality received a request from the marina operators on Kettle Creek
upstream of the King George VI Lift Bridge to assist the facilitation of dredging
of Kettle Creek due to low water levels ..." The steering committee met with KCCA
staff "to discuss the need to dredge this area of Kettle Creek for flood control
purposes as well as any restrictions or challenges with completion of the proposed
dredging. It was confirmed by KCCA staff that dredging the area of Kettle Creek
between the lift bridge upstream to the railway bridge will have little or no effect
on flood control within Port Stanley." Due to concerns with fish habitat, dredging
"would have to be completed prior to March 15 or after June 30th in an effort to
comply with the fisheries act legislation ... In order to support the dredging project,
soil samples and characterization of the sediments need to be completed to determine
where the dredged material can be disposed of. Due to the restricted time when dredging
can occur and not dramatically impact marina operations it is necessary to complete
this soil sampling as soon as possible."
" ... it is believed by the committee that it may be prudent to assist the Marina
operators by coordinating sampling of the sediments in Kettle Creek both through
the harbour as well as upstream of the King George VI Lift Bridge."
Council directed staff to engage the services of a geotechnical engineer to complete
soil sampling and characterization of the sediments in Kettle Creek upstream of
the King George VI Lift bridge to support dredging of Kettle Creek and the Port
Stanley harbour, and to fund the $30,000 cost from the interest earned on the Harbour
Investment Fund.
Council directed staff to engage the services of a geotechnical engineer to complete
soil sampling and characterization of the sediments in Kettle Creek upstream of
the King George VI Lift bridge to support dredging of Kettle Creek and the Port
Stanley harbour, and to fund the $30,000 cost from the interest earned on the Harbour
Investment Fund.
PW 04-13: Standard of Care, Safe Drinking Water Act (PowerPoint Presentation):
Lloyd Perrin gave a quick overview of the legislative changes that came into effect
January1, 2013 that now expressly extends responsibility for the quality of the
drinking water and personal liability to all people with decision-making authority
(council members and staff) over municipal water systems. The due diligence and
standard of care they are expected to exercise is that which any reasonably prudent
person would do. This means reviewing the Walkerton summary, keeping abreast of
legislative changes, being aware of how drinking water quality affects public health,
and ensuring staff are adequately and appropriately trained, meeting all sampling
and reporting requirements.
This personal liability is the big game changer. On a personal level, they can be
individually fined up to $4 million and face up to 5 years in jail.
At Mayor Walters request, acknowledgement and acceptance of this report was done
by recorded vote, noting the "yes" from each individually identified member of Council.
DFS 01-13: Appoint Audit Firm for 2012 Annual Audit:
The firm of Graham, Scott Enns was again appointed to perform the municipality's
audit.
DFS 02-13: Update on Policing Costs:
Council authorized staff to transfer any unexpended 2012 policing costs to the Policing
Reserve. Due in part to the province negotiating an 8% wage increase for OPP officers
just prior to the Elgin Police Services Board signing the current policing contract,
which increase is to come into effect this year, the EPSB is anticipating a 7.7%
increase in policing costs in 2014.
By-laws
- Taken and passed collectively
- By-law 1548: Confirmatory By-law
- By-law 1549: Being a By-law to Execute an Agreement respecting Tender PW
12-018, Carlow Road Watermain Replacement Phase 2 and William Street Watermain Replacement
- By-law 1550: Being a By-law to Appoint an Audit Firm for 2012 Audit
- By-law 1551: Being a By-law to Close and Sell Part of Edgeware Road "McBain
Line"
New Business
Lloyd Perrin reported that work on the Port Stanley watermain for Carlow Road will
start this Wednesday and be completed in March. The warranty work on the Port Stanley
Arena hall floor is now underway and expected to be completed in a couple of weeks.
Unfinished Business
1. Year Round Depot: staff report to come forward
Closed Session
- CS1: Approval of Closed Session Minutes
- CS2: A Proposed or Pending Acquisition or Disposition of Land (s.239(2)(c))
- East Side Development Area, Easement Acquisitions
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