All members of Council were present for the October 21, 2013 meeting. Councillor
Stephen Carr declared a conflict of interest in relation to report CEP 52-13, and
Councillor Dan McNeil declared "a conflict of some sort" in relation to the second
delegation scheduled to appear before Council.
1. 201 William Street
Steve Martin, 201 William Street, was be in attendance to discuss his driveway.
Evidently during recent road work/water works construction in Port Stanley, the
retaining wall at the end of his driveway was damaged and he wants it repaired.
As well, he says the only thing hold up the wooden fence at the downtown municipal
parking lot is his hedge (another property) and he'd like the municipality to get
that fence properly supported. Mr. Martin presented pictures of the damage. Council
directed staff to investigate both issues to see what can be done about them.
Under New Business, Councillor McNeil said he wanted a report back from staff regarding
how the municipality is to determine responsibility for damage in such instances.
2. Loveacat Port Stanley Cat Rescue and Adoption
Kathy McNeil (Councillor McNeil's wife), President, Port Stanley Cat Rescue, was
be in attendance to seek permission to install a wooden cat shelter on municipal
property beyond the metal barrier at the west end of Tower Heights Road.
There is a large colony of feral cats (some dozen or so) which have not yet been
spayed or neutered and are not currently adoptable. They have become dependent for
food and shelter on a woman now institutionalized and no longer able to provide
for them. This group has taken over their twice a day feeding and is fundraising
to complete the spaying and neutering program. However, winter is coming and a shelter
for the cats is needed. The group was donated a former dog shelter, 3 feet by 4
feet, and they will modify it to be fully insulated and have two doors. They simply
needed a place in the area that the cats are used to for locating this shelter.
Council granted their request to locate this temporary shelter on municipal property
at the end of Tower Heights Road.
The group will be coming back to Council at budget time, looking for funding for
their program as it is a program which assists the community. There was discussion
that it could be put in with the Animal Control program that currently deals only
with dogs, or could be funded through the community grant program. Councillor Sally
Martyn advised the group that budget deliberations begin in December, not January.
1. Port Stanley Legion - Poppy Distribution
Correspondence received from Port Stanley Legion seeking approval for an additional
Poppy Distribution Volunteer to canvas at the Port Stanley Arena on Saturday, November
2, 2013. Council approved the additional day, so volunteers will have poppies for
sale at the arena on both November 2nd and November 9th. It's that
time of year to see how many poppies you can lose between now and November 11th,
so please buy poppies and support the cause.
Correspondence (for Council's Information)
- 1. Plan of Subdivision 34T-09002, George Street: Petition requesting creation
of a wetland. This petition contained 18 pages of signatures asking for the return
to a wet land state of the land east of 384 George Street in Port Stanley. Mayor
Walters asked Lloyd Perrin to update council on this matter. Perrin said the area
is not considered a wetland and is not registered as such with any government department.
It became a "wetland" because of improper drainage from a catch basin on the property
after the previous outlet was cut off and not capped when George Street was realigned.
Municipal staff is currently getting a proper outlet installed to cross George Street
and drain into the George Street drain.
- 2. City of London - Official Plan Amendment: Notice of Adoption of an Official
Plan Amendment for the City of London
- 3. County of Elgin Land Division Committee: Notice of Decision from Elgin
County Land Division Committee respecting applications E58/13 Dean, E59/13 Harris
and E63/13 865572 Ontario Inc.
- 4. City of London - Zoning By-law Amendment: Copy of Zoning By-law Amendments
from the City of London
- 5. County of Elgin New Official Plan: Correspondence received from Ministry
of Municipal Affairs & Housing advising of approval of new Official Plan. Deputy
Mayor Marr commented that now the county has received approval of its Official Plan,
new applications can be dealt with locally instead of going to the province.
- Accepted in a batch as information
Paid Parking Steering Committee: Port Stanley Main Beach Parking Pilot Program
"The Committee (Walters, Marr & McNeil) considers the pilot introduction of
paid parking at Port Stanley Main Beach in 2013 to be a success. Over $47,000 in
net revenue (up to the end of August) was generated to reduce the amount of operating
costs supported by property taxes. The pilot project was not without a learning
curve but the Committee and staff have gained in their knowledge and experience
for future years."
To the end of August they had $115,910.30 in expenses, which includes $14,548.90
for parking enforcement, $27,215.81 in capital work, $58,055.84 as the contractor's
share, $8,935.33 in equipment expenses, $2,446.38 in bank charges, $36.74 in courier
charges, and $4,671.30 in miscellaneous expenses. It does not separately identify
how much was paid out to Prespa, nor how much was spent to get Prespa's lot ready
On the income side they collected $139,885.44 in paid parking (well short of the
predicted $450,000.00), $4,115.10 in season passes, and $19,125.00 in parking tickets
(not all of which has yet been collected), for a total revenue of $163,125.54 and
a net profit of $47,215.24. The parking enforcement brought in $4,451.10 more than
it cost (if they succeed in collecting on all the outstanding tickets).
"We did make a lot of mistakes," Councillor McNeil said. "It would be crazy not
to pay attention to the mistakes we made. Overall it was a great success." Deputy
Mayor Marr agreed 100% saying "if the weather had been better we would have made
Council agreed "in principle to proceeding with implementing a paid parking program
In the vicinity of Port Stanley on a permanent basis; THAT the design of the permanent
paid parking program reflect the knowledge gained through the 2013 paid parking
pilot program and be presented to Council for its approval at a future meeting;
AND FURTHER THAT staff be requested to draft a Request for Proposals (RFP) for pay
and display machines for an equipment rental option and an equipment purchase option
and that the draft RFP be reviewed by the Committee and then Council prior to its
The Committee also recommended rejecting the petition for on-street permit parking. "Council, at the August 26th, 2013 meeting, received a petition requesting that Bessie and Maud streets be designated as no parking except for vehicles with a permit. The Committee does not recommend that parking on these streets be restricted. The Committee notes that the requirement for permits may create new parking problems. In addition, there is already insufficient parking on Bessie and Maud streets to enable every dwelling owner to park on the street should each dwelling be issued a permit. Parking is available in the public beach lot along Lotus Lane at the south end of
Bessie and Maud streets. Permits are available for this and other beach lots."
CEP 46-13: Application to Amend Township of Yarmouth By-law 1998 - Paul &
Yvonne Marot, 43901 Fruit Ridge Line
The applicant filed an application with the Elgin County Land Division Committee
(Application E107/12) proposing to sever the subject lands as a lot addition to
be added to the existing rural residential lot located at 43960 Sparta Line (see
Location Plan). The severance was approved with conditions, including one requested
by the Municipality of Central Elgin that the lands be rezoned to permit their continued
use as part of the rural residential 101. The application is now considered complete
and a public meeting on it has been scheduled for November 18th, 2013 at 7:20 p.m.
CEP 49-13: Proposed Consent - Larry Corner, 6736 Yarmouth Centre Road
Larry Corner, appearing on behalf of the Executor of the Estate of the late Joseph
William Corner, approached Council at its meeting of August 18th, 2008 with a proposal
to sever a 2.5 acre parcel of land from the subject lands (see attached aerial photo).
The intent of the application was to transfer ownership of the proposed lot, which
would contain one detached dwelling and one storage shed, to Larry and Debra Corner,
as provided in the last will and testament of Joseph Corner (see attached correspondence).
At that time, the lands were designated Agricultural in the Township of Yarmouth
Official Plan and the proposal did not comply with the Agricultural Severance Policies.
No new development is proposed as a part of the proposed consent. No new buildings
and structures are being proposed. The subject lands currently have two houses on
them, and this proposal will simply remove the one house and shed.
The Nature Conservancy of Canada negotiated a conservation easement across the subject
lands with the late Bill Corner. That easement is registered on title and the NCC
has indicated no objections to the severance as long as the easement continues to
apply to both parcels (see attached correspondence). This will ensure that the conservation
goals of Bill Corner and the NCC will continue to apply.
In the new Municipality of Central Elgin Official Plan the subject lands are predominantly
designated "Natural heritage" in accordance with Schedule "A" - Land Use Plan. There
are a couple of small pockets of the Agricultural designation, however these are
largely anomalies based on how the Natural heritage designation was mapped and do
not represent lands used for agricultural purposes.
The short version is that this proposed severance could now be allowed and Council
agreed to support it in principle.
CEP 50-13: Application to Amend Township of Yarmouth By-law 1998 - Wharncliffe
- Highview Properties Ltd., 6688 Sunset Drive
The subject lands, which contain the remnants of a former horticultural nursery
including the store and greenhouse, have been unused and for sale for a number of
years. The applicant is proposing to repurpose the foundation and frame of the former
greenhouse into a commercial storage building with approximately 10,000 square feet
of floor area, and renovate the former store to accommodate business office and
retail space. The applicant has requested to retain the existing horticultural nursery
use as an additional permitted use. The application is now considered complete and
a public meeting on it has been scheduled for November 18th, 2013 at 7:10 p.m.
CEP 52-13: Application for a Consent No. E64/13 - Raymond Dale Siple and
Helen Annette Siple, 45749 John Wise Line
Councillor Carr left the room for the brief discussion on this severance application,
the severed lands to be merged in title with abutting lands owned by Councillor
Carr, and the applicants to retain the part with the residential dwelling. Council
had no objection to this severance and merger.
By-law 1653: Confirmatory By-law of the October 15, 2013 council meeting.
Cutting trees on the steep slopes of hazard land: Councillor Martyn noted
that large, mature trees have been cut on the steep slopes of hazard land, to improve
the view of the lake, and destabilizing the slopes. She wants a municipal by-law
that requires prior approval before large trees can be cut.
Councillor McNeil supported Councillor Martyn and suggested what should be done
is the way it is currently done on the steep slope in front of the condos on Front
Street - that a qualified arbourist determines what trees can and cannot be cut
down and when.
Councillor McFarlan said that once they're cut, they're gone, so there should be
some kind of stiff penalty fine - $5,000 or $10,000 - if such trees are cut without
No one discussed who would be liable at this time - the property owner or the municipality,
with no such by-law in place - if a slope on which trees have been cut down gives
way and damages a property at the bottom of the slope. Staff was directed to look
into developing a by-law for this matter.
Marks' land donation: Don Leitch updated Council on Tom Marks' desire to
sever and donate a piece of woodland to the KCCA. He said municipal and KCCA staff
had met with Marks and discussed a couple of configurations that could be considered
to comply with the Official Plan. Marks will bring one of them back to Council for
Business After 5 Christmas Event: Mayor Walters said he was approached by
the St. Thomas & District Chamber of Commerce to contribute $500 for the 2013
event. Deputy Mayor Marr said it could be funded from the amount left over in the
grants program. Council approved the $500 donation.
1. Dogs on Beach: staff preparing a report for Council's consideration
There were no Closed Session items so the meeting adjourned after New Business,
at 8:30 p.m.