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Port Stanley News RSS Feed  News Regular Meeting Of Council On Monday, March 12th, 2018

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by Doug Harvey
Regular Meeting Of Council On Monday, March 12th, 2018

The Corporation of the Municipality of Central Elgin

Regular Meeting Of Council On Monday, March 12th, 2018

Roll Call - Stephen Carr was Absent.

Disclosure of Pecuniary Interest and the General Nature Thereof

Dennis Crevits had interest in Correspondence (for Council's Information) #6. County of Elgin Land Division Committee - E96/17 Crevits, 5760 Stone Church Road.

Adoption of Minutes

Minutes of the Regular/Planning Meeting of Council dated January 29 and the Regular Meeting of Council dated February 12, 2018 were adopted.

Delegation(s)

1. 351A First Street - Parking
Lisa Finch-Harrison, 351A First Street, Port Stanley was in attendance to discuss a 6 foot Right of Way.

Lisa Harrison began by offering her apology for the strongly worded letter at the last meeting and that she came across rather harsh because she was nervous for wanting to be clear about her concerns. She said that after discussing her concerns with her family in detail, she had retained the services of a lawyer for advice. In order to resolve the parking problem on First Street she is now proposing to Council that she purchase a portion of the land adjacent to the 6 foot Right of Way so that she may have legal access to her property without disturbing her neighbours as well as to insure the safety of herself, her family, and visitors to her home. She said that she was not looking for special treatment, but was looking to resolve this issue in the most timely manner possible for the reasons stated in the last Council meeting.

The 6 foot Right of Way runs North and South though her property down to Edith Cavelle. In a couple of instances this Right of Way has been used by homeowners for driveway access. Whether they have purchased this land or just squatting on it is not any different than what she was asking for. She was looking forward to putting this issue behind her as this has caused a great deal of stress on her life, missed days at work, and found herself losing focus. This has also been a financial burden with legal fees and other costs.

2. First Street
Jeff Margetts, First Street, Port Stanley was in attendance to discuss the 6 foot Right of Way.

Jeff Margetts began by thanking Council for the opportunity to attend tonight. In regards to the 6 foot Right of Way his main concern has always been erosion to his property. He believed that Ms. L. Harrison should have complete and unfettered access to her property. His concern was still the possibility of parking in that vicinity would cause erosion issues and offered Council information that might apply to other ratepayers in similar situations.

In order to get this matter settled in the most expeditious way, Ms. L. Harrison should be allowed to purchase the 6 foot Right of Way if declared surplus provided that it is used to access her property only, and to follow some advice he believed was offered by Councillor McNeil at a December 11th, 2018 Council Meeting to purchase a Municipal parking pass. A suggestion to the Municipality to prevent any further erosion to his property in that vicinity was to install a chain-link fence on the western boundary line of the 6 foot Right of Way on the North side of First Street running from the bottom of First Street North 80 feet. This run would be identical to the Municipal fence which runs North South from First Street to Fourth Street along the western boundary of the 6 foot Right of Way of the fence on the far western side of the parking lot which runs from Edith Cavelle Boulevard North to the hill protecting the Condo block to the west. He also offered Council three pictures of the affected areas as additional information to support his suggestions.

Mayor Marr suggested that CAO 07-18 351A First Street, Request to Utilize Municipal Right of Way (Grimmonds Beach Right of Way) be dealt with at this time because it related to the matter brought forward by the two Delegations. Deputy Mayor Martyn spoke about a visit to the area with two other Council members where it was also observed that the property owners to the South of First Street to Fourth Street have taken over the Right of Way anyway, even though it's our Right of Way. There is fences, barbeques, parked cars, and our thoughts at the time were that we don't really need this Right of Way anymore and to declare this Right of Way as surplus. We also thought that a 6 foot Right of Way would not be adequate for parking and wondered if we could also sell a piece from the parking lot because we don't plow the parking lots on a regular basis. We thought that selling off a 6 foot piece from the parking lot to add to the 6 foot Right of Way to give Ms. Harrison enough room for parking and be responsible for her own snow removal.

Council Winkworth commented that after a visit to the area he observed fencing that was blocking access to the Municipal Right A Way on portions from First Street to Edith Cavelle, and thought that if Council was going to move to sell the North side of this property, that the South side should also be sold because were not going to charge this one person for property and give a squatters type of thing to the rest.

Council discussed the solutions in the Report and decided:

A Motion by Sally Martyn and Seconded by Dan McNeil that the Council of the Corporation of the Municipality of Central Elgin declare the 6 foot Right of Way on First Street; save for the portions abutting the ends from First Street to Fourth Street to be surplus; Authorize staff to have a reference plan prepared; and authorizes the preparation of an appraisal report respecting the lands being declared surplus as per Report CAO.7.18.

Discussion on the Motion followed bringing forward concerns that the Motion so far did not include enough land for parking, and that additional land would be required to solve the parking issue. An amendment to the Motion was agreed upon to include:

And further that Council direct staff to include additional lands to the West on the North side of First Street in the appraisal and reference plan to accommodate the driveway. The Motion was Carried.

Correspondence (Action)

1. ERTH
Invitation to ERTH CEO Breakfast meeting at the Elmhurst Inn, Ingersoll on Thursday, March 22, 2018 @ 8:00 a.m.

A Motion by Fiona Roberts and Seconded by Dan McNeil that the Council of the Corporation of the Municipality of Central Elgin authorize Mayor David Marr and CAO Donald Leitch be designated representatives for the purpose of discussion at the CEO ERTH meeting to be held at the Elmhurst Inn Carriage House on Thursday, March 22, 2018 from 8:00 a.m. to 10:00 a.m. The Motion was Carried.

2. Walking Access in Orchard Beach
Copy of correspondence received from Allan Slater and Nancy Moore, 212 Oak Street, Port Stanley respecting proposed walking access in Orchard Beach.

A Motion by Dennis Crevits and Seconded by Sally Martyn that correspondence received from Allan Slater and Nancy Moore, 212 Oak Street, Port Stanley respecting proposed walking access for Orchard Beach residents be received as information; And further the Council direct staff to respond to the concerns raised in their e-mails dated February 16th, 2018. The Motion was Carried.

3. Catfish Creek Conservation Authority
Copy of 2018 Budget received from Catfish Creek Conservation Authority.

A Motion by Dennis Crevits and Seconded by Fiona Roberts that the Council of the Corporation of the Municipality of Central Elgin approve Central Elgin's apportionment of the 2018 Catfish Creek Conservation Authority Levy in the amount of $80,664.83, including the Special Planning Levy. The Motion was Carried.

4. Sidewalk - George St & Front St.
Correspondence received from John Brekelmans and Helen Spangenberg, Front Street, respecting area of sidewalk at corner of George Street and Front Street.

A Motion by Dan McNeil and Seconded by Dennis Crevits that correspondence received from John Brekelmans and Helen Spangenberg, Front Street, Port Stanley respecting area of sidewalk at corner of George Street and Front Street be received as information; And further the Council direct staff to respond to the concerns raised in correspondence dated February 28th, 2018. Harold Winkworth asked, "What is the timeline of the program put in place to resolve this and respond to their concerns?". Lloyd Perrin replied, " They will get a response this week." The Motion was Carried.

5. Dog Signage
Correspondence received from John Morrow, Port Stanley respecting signage and enforcement of dog by-law.

A Motion by Harold Winkworth and Seconded by Sally Martyn that the Council of the Corporation of the Municipality of Central Elgin direct staff to send correspondence to Mr. John Morrow thanking him for his comments respecting dog signage; And further that Council will take said comments into consideration.

Fiona Roberts asked if the Municipality currently has any signs up that advise dog owners that dogs need to be leashed and for the need to clean up after their dogs. Lloyd Perrin indicated that there was signs on Port Stanley's beach, in parks, but not everywhere. Sally Martyn said that it was important to have the signs up so people do know, and that she did agree that signs were needed. Mayor Marr also commented that this issue had come up before and was sure that staff will come up with a plan to deal with this issue. The Motion was Carried.

6. Lagoon Project
Elgin Stewardship Council is seeking a letter of support from Central Elgin respecting lagoon project and Elgin Stewardship Council participation in the design and funding.

A Motion by Fiona Roberts and Seconded by Dan McNeil that the Council of the Corporation of the Municipality of Central Elgin support the naturalization of cells one and two of the Port Stanley lagoons; And further that Council confirms it's agreement to work with all partners including but not limited to the Elgin Stewardship Council on the naturalization project.

Lloyd Perrin commented that this was the final project in the Port Stanley Waste Water Treatment project. Of the four cells that were used in the old system, only two will now be needed, one for sludge management, and one for storage during peak rainfall events. Now with two cells not needed there has been interest to return these cells back into wetlands. We have been working with Stantec and the MNR, who have taken the lead to work with a number of parties and so far have raised between $60,000 to $70,000 to go towards this naturalization project. Elgin Stewardship Council, Ducks Unlimited, and the MNR will be involved with the Municipality doing some earth work. The Motion was Carried.

Correspondence (for Council's Information)

A Motion moved by Sally Martyn and seconded by Harold Winkworth that Correspondence for Council's Information Items #1 - #8 inclusive be received as information and filed. The Motion was Carried.

1. OMB Review
Correspondence received the Ministry of Municipal Affairs and the Ministry of the Attorney General providing an update on the Building better communities and Conserving Watersheds Act, 2017.

2. Endangered Species Act
Correspondence received from the County of Renfrew regarding the proposed amendments to the Endangered Species Act, 2007.

3. Ontario Farmland Trust
Correspondence received from Ontario Farmland Trust advising of one day event being held at Wellington & District Community Centre, Prince Edward County respecting Building Farmland Viability in Ontario.

4. County of Elgin
Copy of County of Elgin 2018 Budget.

5. Procedural and Public Notice By-law Committee
Copy of minutes from the Procedural and Public Notice By-law Committee dated January 29, 2018.

6. County of Elgin Land Division Committee
Notices of Decision received from the County of Elgin Land Division Committee respecting E84/17 Chabot, 45052 Talbot Line; E85/17 Skipwell Farms, 45004 Talbot Line; E91/17 Skipwell Farms, 45004 Talbot Line; E95/17 Smith, 44372 Sparta Line, E96/17 Crevits, 5760 Stone Church Road, E104/17 Campbell, 45594 Ferguson Line and E105/17 Campbell, 45575 Ferguson Line.

7. Ministry of Environment and Climate Change sharing information with the Ministry of Infrastructure
Copy of correspondence sent from Sylvia Jones, MPP, Dufferin-Caledon to the Honourable Chris Ballard, Minster of Environment and Climate Change respecting duplication of asset management plans/information being sent to both the Ministry of Environment and the Ministry of Infrastructure.

8. Sign By-law Committee
Copy of minutes from the Sign By-law Committee meeting dated February 5, 2018

Reports

Committee(s)

Special Events Committee Crossfit Elgin Beach Brawl 2018

A Motion by Fiona Roberts and Seconded by Dennis Crevits that Council approve the Special Event Permit for Crossfit Elgin Beach Brawl 2018 event to be held in Port Stanley on Saturday, July 7th, 2018 from 8:00 a.m. to 5:00 p.m. subject to the following recommended conditions:

  • The organizers complying with the Special Events Policy as adopted by Council;
  • The execution of the Special Events Property Rental Agreement as approved by Council;
  • Liability Insurance be provided by the organizers of the event in the amount $5,000,000.00 naming the Corporation of the Municipality of Central Elgin as co-insured and held harmless, St. John's Ambulance to be on site during the event;
  • And the final schedule and location of the event being approved by the Director of Physical Services.
The Motion was Carried.

Chief Administrative Officer

CAO 06-18 February 2018 Monthly Building Reports

A Motion by Dan McNeil and Seconded by Sally Martyn that Report CAO 06-18 February 2018 Monthly Building Reports be received as information and filed. The Motion was Carried.

CAO 07-18 351A First Street, Request to Utilize Municipal Right of Way (Grimmonds Beach Right of Way) - Dealt with earlier during delegations.

CAO 08-18 Council Code of Conduct Update

A Motion by Sally Martyn and Seconded by Dan McNeil that the Council of the Corporation of the Municipality of Central Elgin direct staff to prepare a new Council Code of Conduct, based on the new Elgin County Council Council Code of Conduct, for Council's review and approval as per Report CAO 08-18. The Motion was Carried.

CAO 09-18 Public Sector Salary Disclosure Act Report

A Motion by Fiona Roberts and Seconded by Dennis Crevits that the Council of the Corporation of the Municipality of Central Elgin receive Report CAO 09-18 Public Sector Salary Disclosure Act Report as information. The Motion was Carried.

Director of Physical Services

PW 07-18 2017 Annual Water Reports for the Belmont Water System and the Central Elgin Distribution System

A Motion by Harold Winkworth and Seconded by Sally Martyn that the Council of the Corporation of the Municipality of Central Elgin receives and approves the Summary Reports and the Annual Reports for both the Belmont Water System and the Central Elgin Distribution System for the year of 2017 as per Report PW 07-18. The Motion was Carried.

Director of Financial Services/Treasurer

DFS 05-18 2018 Budget Planning for Water, Wastewater and Harbour

A Motion by Dan McNeil and Seconded by Harold Winkworth that the Council of the Corporation of the Municipality of Central Elgin receives Report DFS 05-18 2018 Budget Planning for Water, Wastewater and Harbour as information.

In the Report: Due to the presentation of the Development Charges Study Update as well as the ongoing work with Watson and Associates on the Water and Wastewater Rate Study, staff feel they will be in a position to present the three budgets ( 2018 Water, Wastewater and Harbour) to Council during the month of April.

In order to consider these budgets, staff would suggest that a Special Meeting of Council be held on Monday, April 16th, 2018, a date which has been reserved previously for Council meetings, beginning at 7:00 p.m. to review and discuss the Water, Wastewater and Harbour budgets for 2018. The intention of the meeting would be to provide Council with a comprehensive review of all three budgets in hopes of bringing forward a recommendation for adoption of said budgets to Council's first regular meeting in May subject to meeting the Notice By-law requirements.

The Motion was Carried.

Director of Fire Rescue Services/Fire Chief

By-laws

A Motion moved by Harold Winkworth and seconded by Fiona Roberts that by-law 2238, 2239, 2240, and 2241 be taken collectively. Harold Winkworth asked to take by-law 2240 separately with a recorded vote. The revised Motion moved by Harold Winkworth and seconded by Fiona Roberts that by-law 2238, 2239, and 2241 be taken collectively was carried. A Motion moved by Sally Martyn and seconded by Harold Winkworth that by-law 2238, 2239, and 2241 be read a 1st, and 2nd time was carried. A Motion by Dan McNeil and Seconded by Fiona Roberts that by-law 2223, 2238, 2239, and 2241 be read a 3rd time and finally passed was carried.

A Motion moved by Harold Winkworth and seconded by Fiona Roberts that by-law 2240 be read a 1st, and 2nd time was carried by a recorded vote with all voting in favour except for Councillor Winkworth. A Motion moved by Harold Winkworth and seconded by Fiona Roberts that by-law 2240 be read a 3rd time, and finally passed was carried by another recorded vote with all voting in favour except for Councillor Winkworth.

By-law 2223 - Webber Bourne Drain - THIRD READING

By-law 2238 - Confirmatory By-law

By-law 2239 Being a By-law to Provide for Collection of Costs of Repairs and Maintenance of Municipal Drainage Works in 2017

By-law 2240 Being a By-law to Provide for the Adoption of the Tax Rates and Tax Ratios and Penalty and Interest for the 2018 Taxation Year.

By-law 2241 Being a By-law to Amend By-law 1880 Respecting Development Charges

Public Notice

Resolutions

Lloyd Perrin commented on the East Road Water Main. As of 7:30 p.m. this evening repairs have been made to the broken pipe, with the expectation that water will be restored by 11:00 p.m. this evening, but under a boil water advisory for the affected residents.

Unfinished Business

Closed Session - Council went into Closed Session at 8:17 P.M.

CS1 Closed Session Minutes

CS2 Litigation or Potential Litigation (s.239(2(e)) and/or Security of Property (s.239(2)(a)) - McAsphalt Industries

CS3 Security of Property (s.239(2)(a)) - power point presentation

Adjournment


Last Updated: Tuesday, 13 March 2018 16:39:13 PM EST

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