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Port Stanley News RSS Feed  News Regular/Planning Meeting Of Council On Monday, December 17th, 2018

News

by Doug Harvey
RegularPlanning Meeting Of Council On Monday, December 17th, 2018

The Corporation of the Municipality of Central Elgin

Regular/Planning Meeting Of Council On Monday, December 17th, 2018

Roll Call - Everyone present.

Disclosure of Pecuniary Interest and the General Nature Thereof - Councillor Fehr had Pecuniary Interest in Closed Session item CS2 and Councillor Row recused herself from Correspondence for Council's Information item 6.

Adoption of Minutes - No Minutes to Adopt.

Employee Recognition

Retirement
Mary-Lou Vanrooy - Corporate Services Department (Building & By-law)

Delegations - No delegations.

Correspondence (Action) - No Correspondence (Action).

Correspondence (for Council's Information)

A Motion by Councillor Crevits and Seconded by Deputy Mayor Marks that Correspondence for Council's Information Items #1 - #6 inclusive be received as information and filed. The motion was carried.

1. Housing Supply
Correspondence received from the Ministry of Municipal Affairs & Housing respecting Housing Supply.

2. LPAT - Neville, 44400 Talbot Line
Notice of Decision received from Local Planning Appeal Tribunal respecting Donald Neville, 44400 Talbot Line.

3. Port Stanley BIA Board of Management
Copy of minutes from Port Stanley BIA Board of Management meeting dated October 3, 2018.

4. Elgin County Woodlands Conservation By-law
Correspondence received from the County of Elgin respecting Elgin County Woodlands Conservation By-law 05-03, Slope Permit Amending By-law 18-39.

5. Neighbourhood Open House - 146-156 William Street
Notice received respecting "Neighbourhood Open House" being hosted by Prespa Construction Limited for the proposed development at 146-156 William Street.

6. Notice of Draft Approval for a Plan of Subdivision - Seaglass
Correspondence received from the County of Elgin advising of Notice of Draft Approval for a Plan of Subdivision - Seaglass in Port Stanley, Wastell Developments Inc.

Reports

Central Elgin Planning Office

CEP 84-18 Request to Extend Draft Plan Approval - Jacklin Farm Phase 3, Draft Plan of Condominium No. 34CD-CE1401

A Motion by Deputy Mayor Marks and Seconded by Councillor Cook that Report CEP 84-18 be received as information; And that Council recommends to the County of Elgin the extension of the draft plan of subdivision approval respecting 34CD—CE1401 Jacklin Farm Phase 3 as requested by Prespa Construction Limited for a one year time period. Motion was Carried.

Chief Administrative Officer

CAO 56-18 November 2018 Monthly Building Report

A Motion by Councillor Row and Seconded by Deputy Mayor Marks that Report CAO 56-18 November 2018 Monthly Building Report be received as information. Motion was Carried.

CAO 57-18 Retail Sale of Cannabis Products in the Municipality of Central Elgin

Background: - The Government of Ontario, through the Cannabis Licensing Act and Regulation 468/18, has established the licensing framework for private retail cannabis stores throughout Ontario. Cannabis retail stores may be licensed by the Alcohol and Gaming Commission of Ontario (AGCO) in any municipality except those municipalities that "opt out" of hosting private retail cannabis stores. In order to opt out of hosting a retail cannabis stores, a council must pass a resolution and submit it to the AGCO by January 22, 2019.

In considering whether to permit cannabis retail stores, it should be recognized that residents of the municipality are able to purchase cannabis, regardless of whether Council opts out of hosting retail stores:

  • through the provincial internet based retail site; and
  • through licensed retail stores in neighbouring municipalities.

If Council decides to opt out of cannabis retail stores in the Municipality, it can reverse this decision at any time in the future. However, the reverse is not true. Should cannabis retail stores be permitted in a municipality after the January 22, 2019 deadline, Council cannot opt out at a future date.

Staff would suggest that Council has three options to consider respecting the decision to permit cannabis retail stores in the Municipality of Central Elgin prior to the January 22, 2019 deadline.

Option 1 - Permit Cannabis Retail Stores (Not Opt Out)

The AGCO will license retail stores in the municipality at any location that is zoned to permit retail stores and is greater than 150 metres from a school. The location must be a ”stand alone” store ie the cannabis store cannot be located within a larger store. The full standards are detailed in the attached "Registrar's Standards for the Private Retail Sale of Cannabis”.

If the Municipality permits cannabis retail stores, the Municipality will be entitled to receive funding from the provincial government to assist with additional expenses related to the sale of cannabis. Initially, the Municipality will receive an allocation of $10,000 which must be shared equally with the County of Elgin. However additional funding is promised from the Ontario Cannabis Legalization Implementation Fund.

Option 2 - Permit Cannabis Retail Stores (Not Opt Out) with a Municipal Cannabis Policy Statement

Similar to Option 1, the AGCO will license retail stores in any location that is zoned to permit retail stores and is greater than 150 metres from a school. The Municipality cannot create zoning that will specifically regulate the location of cannabis retail stores. However, the Association of Municipalities of Ontario (AMO) has suggested that Council may adopt a Municipal Cannabis Policy Statement. The statement could provide direction respecting Municipal comments on the licensing of specific cannabis retail stores in proximity to any locally sensitive uses. A minimum of only fifteen days’ notice of a cannabis retail store application to the AGCO is required. With this limited time frame, a Policy Statement will provide staff with the opportunity to comment on the application should the proposed location be subject to Council's criteria for locally sensitive uses expressed through the Municipal Policy Statement. The Policy Statement should address the provincial licensing objectives of ensuring public health and safety, protecting youth and ending the illegal sale of cannabis. The policy should identify locally sensitive uses which address the provincial objectives and Council believes should be subject to a buffer. These locally sensitive uses could include locations, in addition to prescribed schools, where there are a significant number of youth attending the facility, including, arenas, parks, beaches, libraries, and day care centres. It is currently not known how much regard the AGCO will give to objections to a proposed licence location based on locally sensitive uses. However, a Municipal Cannabis Policy Statement may be Council's best tool in the absence of more restrictive zoning, should Council have a concern with the location of cannabis retail stores in proximity to locally sensitive uses. it should be recognized that there is a potential for notice applications to be missed. It is staff's understanding that notices will not be sent to the Municipality. Staff will be required to frequently check the AGCO website for applications within the fifteen day notice period.

Similar to Option 1, the Municipality will share with the County of Elgin an initial contribution of $10,000 and be eligible for additional funding in the future. Should Council support this option, staff would prepare a draft Municipal Cannabis Policy Statement for Council's review and consideration. AMO has provided a basic policy template.

Option 3 - Prohibit Retail Cannabis Outlets (Opt Out)

Council may pass a resolution to opt out of cannabis retail sales. If Council does so prior to the deadline, the AGCO will not license any cannabis retail stores in the Municipality of Central Elgin. This option may be considered a cautious approach as it allows the Municipality to observe and learn from the experience of other municipalities. Council can subsequently pass a resolution to permit cannabis retail stores in Central Elgin. However, if Council subsequently passes a resolution to permit cannabis retail stores after having opted out, the Municipality is not entitled to any additional funding from the Ontario Cannabis Legalization implementation Fund beyond the $5,000 the Municipality initially received.

There was a limited discussion concerning the options presented by Mr. Leitch on cannabis retail sales. There was a general consensus that more public input would be needed before making a decision and most were in favour of option 3 (Opt Out) except for Councillor Roberts who said "It's legal, and I think we should start dealing with it now" was in favour of option 2 - Permit Cannabis Retail Stores (Not Opt Out) with a Municipal Cannabis Policy Statement. Any decision was deferred until January 14th, 2019.

CAO 58-18 Lease for Port Stanley Visitor's Centre - Corporation of the County of Elgin

The Municipality of Central Elgin completed construction of the Port Stanley Visitors’ Centre earlier in 2018. The Visitors’ Centre includes space for a tourism office along with public washroom facilities. The County of Elgin agreed to relocate its tourism office to the high profile Visitors’ Centre adjacent to the waterfront.

A lease for the tourism office has been prepared reflecting the County of E|gin’s standard conditions for a lease, including the County's proposed term of five years. The rental amount has been discounted to $12.00 per square foot or $3,852 in the initial year to reflect that the tourism office cannot be used year round as it lacks heat.

A Motion by Councillor Roberts and Seconded by Councillor Row that report CAO 58-18 Lease for Port Stanley Visitor's Centre Tourism Office for the County of Elgin be received as information. Motion Carried.

Director of Physical Services

PW 44-18 Waste Management Services PW 45-18

Lloyd Perrin presented a powerpoint presentation on Waste Management Service options relating to possible Waste Service changes to meet the Waste-Free Ontario Act waste diversion targets of 60% by 2022. Central Elgin's current waste diversion rate is approximately 26.7%. Staff would note that it will not be possible to achieve a 60% diversion rate unless the municipality implements organic collections through a green bin program.

Recyclables - Currently, Central Elgin has an extensive blue box program whereby recyclables are collected weekly and transported to the London Material Recycling Facility (MRF) where recyclables are currently processed and marketed with the revenue from the sale of the commodities being returned back to the municipality after London receiving a "processing fee" for the operation of the MRF.

Organics - Central Elgin currently collects leaf and yard waste twice per year for a 4 week period in the spring and again in the fall. No other collection services are provided for organics for the remainder of the year. We would also note that yard waste such as grass clippings etc. are banned from the garbage stream in Central Elgin. While this is a policy decision of Council, Staff would suggest that the enforcement of this policy by the collection company is sporadic at best. In addition to yard waste, the municipality is missing the opportunity to divert other organics from landfill with its current waste collection program. These organics include but are not limited to Food Scraps {vegetables, fruit, fat, meat bones, coffee grounds etc.) pet waste, kitty litter, house plants, leaf and yard waste {currently not collected for the remaining 44 weeks) etc.

Garbage - The municipality currently utilizes bag tags for the collection of garbage at curbside. For 2019 the municipality will provide 64 tags to residences and 147 tags to commercial properties. Properties requiring more tags than those provided must purchase tags from the municipality at a cost of $1.50 per tag.

Level of Service improvements - At the September 24th, 2018 meeting of Council, staff were directed to investigate and report back to Council on the ability and cost for the municipality to provide a curbside collection program for organics {Green Bin). Staff would note that it will not be possible for the municipality to achieve a 60% diversion rate from Landfill without implementing a Green Bin or Organics collection program.

Staff would also note that it is not possible to keep waste collection costs in line with current costs while implementing an organics collection program without changing the existing level of service on one of the other waste streams {garbage or recycling). Currently, it takes 5 collection days for collection of garbage {using a one person packer) and 5 days for collection of recyclables utilizing a two stream collection truck {single person side loader truck). Staff would note that in order to implement collection of organics it would be necessary to do so utilizing a collection vehicle that could be utilized for another stream of waste.

Staff would suggest that the most viable option for shared equipment would be by utilizing an Automated Side Loader {ASL) truck for the collection of organics as well as garbage. An ASL vehicle allows for waste to be picked up utilizing carts, commonly referred to as "Green Bins". Staff would propose that council may wish to consider bi-weekly collection of garbage and organics with collection of these waste streams alternating weeks. By doing this, the same collection vehicle could be used for both streams whereby reducing costs. Staff would note that if this collection strategy was used, bag tags would be eliminated and each residence would be provided with a green coloured cart for organics and a black coloured cart for garbage. The ASL collection vehicle would be able to collect the carts.

Staff would note that the collection of recyclables would remain weekly and would continue to be done with a two stream manual side loader truck. It is not possible to use an ASL truck for recyclables as we currently utilize a two stream recycling system whereby containers are separated from paper and cardboard at the source. This two stream system is necessary to be able to continue to process recyclables at the London MRF. It is not possible to share a collection vehicle between the recycling and organics stream.

Disposal Costs - The existing contract with Emterra Environmental expires on June 1, 2019. Emterra has provided curbside waste for the municipality since 2001. The last contract was a 7 year contract for the collection of garbage and recyclables as well as 8 weeks of leaf and yard waste pick up for "built up" residential areas. The municipality currently has agreements with the City of Toronto to allow waste to be dumped at the Green Lane Landfill. The cost to dispose of waste is currently $70.42 per tonne. The municipality also has an agreement with the City of London for the processing and marketing of our recyclables. The municipality pays a processing fee to the City of London in exchange for the revenue realized from the marketing and sale of the commodities processed. The cost for processing the waste is currently $92 per tonne. Staff would note that the revenue realized varies based on the fluctuating commodity pricing of the materials. Generally speaking the municipality is in a positive financial position of approximately $25,000 annually after paying the processing fee.

Service Delivery Model - As with all services being provided by the municipality it is prudent to review the current service delivery model and determine if the service delivery model is adequate for the public as well as the economics of providing the service.

Currently the cost to provide collection services is $647,198 annually. The contractor gets paid a unit price per stop for Leaf and Yard waste, garbage and recycling collection. The contract is increased annually based on the number of stops (accommodates growth), indexing based on the Consumer Price Index, and a Fuel Adjustment.

Option 1 - Private Contractor - Continue with weekly collection services of Garbage and Recycling.

Essentially the level of service proposed in Option 1 would remain unchanged from what is currently provided. The municipality would utilize a private contractor to pickup garbage and recycling on a weekly basis throughout the year. In addition to this collection the municipality would also pick up leaf and yard waste in the built up areas (See Appendix 7) of the municipality for 4 weeks in the spring and fall. The remainder of the year there would not be any collection of organics and leaf and yard waste would be prohibited from the waste stream. Staff would note that it would anticipate a small increase to the per unit contract price bid to account for a contractor acquiring new equipment. The projected total contract cost of service over a 13 year period is anticipated to be approximately $12.55 million

Option 2 - Private Contractor - Weekly collection of Recyclables, Biweekly collection of garbage and organics rotating schedule.

Staff would note that if Council elected to implement a service delivery model that included the provision of curbside collection of organics with collection being biweekly rotating with garbage collection the unit costs would be similar to what is currently being experienced by the municipality with a small increase for increased equipment costs. The majority of the increased cost is the purchase of Carts for Organics as well as for Garbage. The projected total contract cost of service over a 13 year period is anticipated to be approximately $11.87 million

Option 3 - In house - Continue with weekly collection services of Garbage and Recycling.

Essentially the level of service proposed in Option 3 would remain unchanged from what is currently provided and what is outlined in option 1. The main difference is the service would be conducted with municipal staff. The municipality would utilize municipal staff to pickup garbage and recycling on a weekly basis throughout the year. In addition to this collection the municipality would also pick up leaf and yard waste in the built up areas of the municipality for 4 weeks in the spring and fall. The remainder of the year there would not be any collection of organics and leaf and yard waste would be prohibited from the waste stream. Staff would note that it would anticipate a small increase to the per unit contract price bid to account for a contractor acquiring new equipment. The projected total contract cost of service over a 13 year period is anticipated to be approximately $10.32 million

Option 4 - In house - Weekly collection of Recyclables, Biweekly collection of garbage and organics rotating schedule.

Option 4 is the same service level as what is noted in Option 2 noted above. This option would provide for weekly collection of recyclables and organics and garbage being collected biweekly on a rotating basis. The majority of the increased cost is the purchase of Carts for Organics as well as for Garbage. As well, it will be necessary to purchase three trucks for the provision of the service. The life cycle for a truck is proposed to not exceed 7 years unless it is a spare truck. When comparing Option 1 with this Option the municipality would recover the initial capital purchase cost of the trucks in Year 8 from the Operational savings of bringing the service "in house" as well the municipalities equipment replacement reserve would have sufficient funds in it to replace the trucks the second time by year 14. Every year after that the municipality would realize an operational savings when compared with contracting out the existing level of service (weekly collection of blue box and garbage and twice annual leaf and yard waste). The projected total contract cost of service over a 14 year period is anticipated to be approximately $11.08 million

Option 5 - Private Contractor - Weekly collection of Recyclables, weekly collection of garbage and weekly collection of organics.

Staff would note that if Council elected to implement a service delivery model that included the provision of curbside weekly collection of all three waste streams (organics, recycling and garbage) this would be a true increase in the level of service to residents. This scenario would see that each residence and commercial property would have weekly collection of organics and garbage utilizing 35 gallon carts and recyclables utilizing two stream blue boxes. The majority of the increased cost is the purchase of carts for organics and for garbage in addition to a third truck being put on the road weekly. The projected total contract cost of service over an 13 year period is anticipated to be approximately $14.71 million

Option 6 - In house - Weekly collection of Recyclables, weekly collection of garbage and weekly collection of organics.

Similar to option 5 above, this scenario would implement a service delivery model that includes the provision of curbside weekly collection of all three waste streams (organics, recycling and garbage). This difference between this option and Option 5 is that it would mean the service is delivered utilizing internal forces. As with Option 5, this would be a true increase in the level of service to residents. This scenario would see that each residence and commercial property would have weekly collection of organics and garbage utilizing 35 gallon carts and recyclables utilizing two stream blue boxes. The majority of the increased cost is the purchase of Carts for Organics as well as for Garbage in addition to the purchase of a fourth truck and 4 additional staff members from what currently exists in the Physical Services Department. The projected total contract cost of service over an 13 year period is anticipated to be approximately $14.21 million

Summary - In conclusion, there are items that Council may wish to consider when making its decision.

Diversion rate - It will not be possible to achieve the province's diversion target of 60% from landfill without implementing an organics collection program.

Economics - If Council wishes to implement an organics collection program staff would submit that the most economical way of doing so is to implement bi weekly collection of organics and garbage and utilize the same collection truck for both waste streams.

Odours - If Council elects to implement bi-weekly collection of garbage and organics this may cause concerns about odours for residences. Staff would submit that odours in garbage would only occur due to organic products that are not collected in the organics stream. These include diapers, sanitary products and meat scraps. All other items would be collected in the recycling stream or the organics stream.

Service delivery - If we are to learn from past history it is typically easier to control delivery of services to the public when the service is performed by municipal staff. The past 12 years has been less than ideal for residents dealing with missed collections, and sporadic collection times. If the work was performed in house municipal staff are confident that these challenges would be a thing of the past. Staff would note however, that it would be possible that the municipality could see a service interruption if the service was brought in house given the municipal work force is unionized. In 21 years the municipality has never experienced a work interruption but we would be remiss if we did not outline this potential risk.

Lloyd Perrin requested that council consider the information presented with the intent to make a decision on January 14th, 2019 on the service level for waste management and how the collection service will be delivered.

Revised Risk Assessment - Port Stanley Harbour (powerpoint presentation)

Lloyd Perrin also had another powerpoint presentation concerning a Revised Risk Assessment for the Port Stanley Harbour, harbour lands formerly owned by Transport Canada. Environmental Risk Assessments were conducted by the Municipality of Central Elgin to estimate the risks to human and ecological health that would result from exposure to contaminants on the harbour lands transferred in the Divestiture Agreement. The lands tested included the outer and inner harbour (south of Bridge Street), the east and west pier, the east headlands and the east and west breakwaters that protect the harbour. Where potential risks were identified, remediation and risk management measures have been completed to address any risk. It was a basic information session for the newly Elected Councillors on the current state of the harbour remediation efforts.

Director of Financial Services/Treasurer

DFS 33-18 Source of Financing for Mini Rink Board Acquisition

Council deferred report PW-43-18 Mini RinkBoard Acquisition — Belmont and Port Stanley Arenas at its meeting of Monday, December 10th to allow staff to investigate alternative sources of financing. Staff have reviewed the Recreation Facilities Reserve and have determined that the contributions from the 2017 capital surcharge were committed in the 2018 budget to fund Port Stanley dehumidifier replacement this year. That being said, to date $11,863.57 has been collected from the capital surcharge on community centre rentals occurring up to and including September 2018. It is anticipated that an additional $8,500 will be collected for the months of October, November and December based on prior years’ experience.

As a result it is staff's recommendation that the estimated $15,000 expenditure could be funded from 2018 capital surcharge contributions to the Recreation Facilities Reserve. This would eliminate the need to outsource advertising as previously considered. In addition, staff would work with Belmont Minor Hockey to compensate them for their previous acquisition of the mini boards currently being used and maintained at the Belmont Arena within the same $15,000 Capital Project Record.

A Motion Moved by Deputy Mayor Marks and Seconded by Councillor Row that the Council of the Corporation of the Municipality of Central Elgin receive Report DFS 33-18 Source of Financing for Mini Rink Board Acquisition Report as information. And that the Council of the Corporation of The Municipality of Central Elgin receives Report DFS 33-18 as information; And further that the Council of the Corporation of The Municipality of Central Elgin approve Capital Project Record (CPR) PR-18-10 for the purchase of 2 sets of Mini Rink Boards for the Belmont and Port Stanley arenas. The Motion was Carried.

Director of Fire Rescue Services/Fire Chief

FS 17-18 Monthly Alarm Activities Report (Nov./18)

A Motion Moved by Deputy Mayor Marks and Seconded by Councillor Row that the Council of the Corporation of the Municipality of Central Elgin receive Report FS 17-18 Monthly Alarm Activities Report as information. The Motion was Carried.

By-laws

A Motion Moved by Councillor Crevits and Seconded by Councillor Fehr that By-law 2313, and 2314 be taken collectively. The Motions were read a 1st, 2nd, 3rd time and finally passed.

By-law 2315 concerning the Dropbike Pilot Project was taken separately as some Councillors found that some information presented at the last Council meeting proved to misleading. A Motion Moved by Deputy Mayor Marks and Seconded by Councillor Fehr that By-law 2315 be read a 1st, 2nd, 3rd time and finally passed was carried by a four to three majority.

By-law 2313 Confirmatory By-law

By-law 2314 Execute a Lease Agreement with the County of Elgin respecting 199 Carlow Road, Port Stanley (Visitor's Centre)

By-law 2315 Execute an Agreement between the County of Elgin and the Municipality of Central Elgin respecting Dropbike Pilot Project

New Business

The proposed budget deliberations are planned for March 18th and March 27th, 2019. Councillor Crevits was nominated for this years Central Elgin's Roma Representative. Deputy Mayor Marks commented on Live Streaming Council meetings.

Closed Session - Council went into Closed Session at 10:12 P.M.

CS1 Litigation or Potential Litigation (s.239(2)(e)) and/or Solicitor Client Privilege (s.239(2)(f)) - Prespa Construction Ltd.,146-156 William Street

CS2 Litigation or Potential Litigation (s.239(2)(e)) and/or Solicitor Client Privilege (s.239(2(f)) - Neville, 44400 Talbot Line

CS3 A Proposed or Pending Acquisition or Disposition of Land (s.239(2)(c)) - Carlow Road

Adjournment


Last Updated: Tuesday, 18 December 2018 13:16:58 PM EST

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