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Port Stanley News RSS Feed  News Central Elgin Regular Meeting Of Council On Tuesday October 15th, 2019

News

by Doug Harvey

The Corporation of the Municipality of Central Elgin

Central Elgin Regular Meeting Of Council On Tuesday October 15th, 2019

Roll Call - Councillor Cook and Councillor Fehr were absent.

The Court of Revision for the Eames Cut-Off Drain that was scheduled for 7:15 pm was postponed due to the two Councillor's that were members of the Court of Revision being absent. Once the regular meeting started Council had to appoint new members to the Court of Revision to have the Eames Drain meeting. Once Councillor Roberts and Councillor Crevits were appointed to the Court of Revision, the regular meeting of Council was adjourned and the Eames Drain meeting began.

The Court of Revision for the Eames Cut-Off Drain was being held due to an affected landowner appealing their assessment. It was determined at the meeting that the affected landowner met with staff and had his concerns satisfied. The meeting was then concluded.

Disclosure of Pecuniary Interest and the General Nature Thereof - None offered.

Adoption of Minutes

Minutes of the Regular/Planning Meeting of Council dated September 23, 2019 were adopted.

Delegations

1. Use of Port Stanley Arena
Bruce Smith, Trustee, Thames Valley District School Board, was in attendance to discuss use of the Port Stanley Arena by the students of Kettle Creek Public School.

Mr. Smith was asking for free use of the Port Stanley Arena during times that Municipal staff were on the job and the arena was not being used for anything else. By allowing the school access to the arena it was proposed that a reciprocal agreement could be established permitting the Municipality to also use school property as it was several years ago. After considerable conversation a proposal for a reciprocal agreement was agreed upon and that this proposal would be then sent to the Thames Valley District School Board for deliberation.

A Motion moved by Deputy Mayor Marks and seconded by Councillor Roberts that Central Elgin Council endorse the concept of a reciprocal agreement with the Thames Valley District School Board for the use of the Port Stanley Arena and Community Centre, and the Belmont Arena and Community Centre; And further that a copy of this resolution be sent to the Thames Valley District School Board for their consideration. The Motion was Carried.

Correspondence (Action)

1. Cannabiz in the County
Correspondence received from the County of Elgin advising of Elgin County Conference Series: Cannabiz in the County on Wednesday, November 6th, 2019 at Wildflowers Farm from 9:00 a.m. to 3:30 p.m.

Staff was seeking confirmation of any member of Council that would be attending the Elgin County Conference Series on Cannabiz in the County. Councillor Row and Deputy Mayor Marks indicated that they would be attending.

2. 2020 OGRA Conference
Correspondence received respecting the 2020 OGRA Conference from February 23 - 26, 2020 at the Hotel Fairmont Royal York, Toronto.

A Motion moved by Councillor Row and seconded by Deputy Mayor Marks that the Council of the Corporation of the Municipality of Central Elgin approve any member of Council and Municipal staff that wishes to attend the 2020 OGRA Conference from February 23 - 26, 2020 at the Hotel Fairmont Royal York, Toronto as per established Municipal Conference policies. The Motion was Carried.

3. Source Water Protection Committee
Correspondence was received from the City of London respecting London-Lake Erie Region Source Protection Committee Municipal Member.

Background - The term of appointment for Lloyd Perrin, Lake Erie Region Source Protection Committee municipal representative, is scheduled to expire in the fall 2019. It is our recommendation that Lloyd Perrin continue in his role as representative for Elgin County, Township of Malahide, Municipality of Central Elgin, Township of Southwold, City of St. Thomas, Middlesex County, Township of Thames Centre, Township of Middlesex Centre and the City of London.

A Motion moved by Councillor Crevits and seconded by Councillor Roberts that the Council of the Corporation of the Municipality of Central Elgin supports the appointment for Lloyd Perrin Treasurer of Asset Management and Development Services to the Lake Erie Region Source Protection Committee to represent the following Municipalities; the Elgin County, Township of Malahide, Municipality of Central Elgin, Township of Southwold, City of St. Thomas, Middlesex County, Township of Thames Centre, Township of Middlesex Centre and the City of London. The Motion was Carried.

4. Belmont Oldtimers Annual Tournament - "Municipally Significant Event"
Correspondence was received from Dan Herbert asking for a letter from the municipality designating the Belmont Oldtimers Annual Tournament from February 13 - 16th, 2020 as "municipally significant" for an alcohol permit during the event.

A Motion moved by Deputy Mayor Marks and seconded by Councillor Row that the Council of The Municipality of Central Elgin declare the following event Belmont Oldtimers Annual Hockey Tournament from February 13 - 16th, 2020 to be Municipally Significant for the purpose of obtaining a Liquor Licence. The Motion was Carried.

Correspondence (for Council's Information)

A Motion by Councillor Crevits and Councillor Cook that Correspondence for Council's Information Items #1 - #10 excluding #2, #4, #6, and #7 be received as information and filed. Carried.
Items #2, #4, #6, and #7 were taken and endorsed separately.

1. Ministry of Municipal Affairs - Launch of the Second Units Guide
Correspondence received from the the Ministry of Municipal Affairs announcing "Second Units Guide".

2. Pupil Accommodation Review Guideline (PARG)
Correspondence received from the Township of North Glengarry seeking support for their resolution respecting the Pupil Accommodation Review Guideline (PARG).

3. Alcohol & Gaming Commission of Ontario
Application for Liquor Sales Licence for indoor and outdoor areas of Telegraph House (David Russell), 205 Main Street.

4. Joint and Several Liability
Correspondence received from the Township of Springwater respecting Joint and Several Liability.

5. Heritage Central Elgin
Copy of minutes from Heritage Central Elgin meeting dated September 25, 2019.

6. Municipal Amalgamation
Correspondence received from the Town of Penetanguishene regarding Municipal Amalgamation.

7. Consumer Packaging
Copy of correspondence sent from the City of Hamilton to The Right Honourable Justin Trudeau respecting the lobbying of the Federal Government to review the regulations related to consumer packaging on single-use wipes to remove the word flushable.

8. Integrity Commissioner Matters
Copy of correspondence sent from the Town of Blue Mountains to the Honourable Steve Clark, Minister of Municipal Affairs & Housing respecting Integrity Commissioner Matters.

9. Menstrual Products in City Facilities
Correspondence received from the City of St. Catherine's respecting implementation of a pilot project to provide free menstrual products at City Facilities.

10. Port Stanley BIA Board of Management
Copy of minutes from BIA Board of Management Meeting dated September 11, 2019.

Reports

Chief Administrative Officer

1. CAO 51-19 Bang The Table Public Engagement Module, Annual Licence Proposal

Background - Mr. Leitch presented a visual presentation of a proposal for a new type of web based software that would do a better job of engaging the public on Municipal Projects that are ongoing. Before Councils consideration was an annual license proposal from Bang the Tables’ Mike Mclnerney, regarding a public engagement module for the Municipality of Central Elgin’s website. This module would contain many features that would allow the community to get involved and/or keep up to date with current, past, or present projects the Municipality is undergoing. Some of these features are as follows:

  • Current projects going on, along with a calendar and phase timeline;
  • Document references;
  • Public engagement tools: similar to social media posts that allow for community feedback in real time;
  • Question and answer section;
  • ”You said, we listened, we did!" feature which shows what we gathered from the community as input and how we used that in the project (Co~creating);
  • Who's involved in the project (Putting a face to the project manager and team);
  • Mapping tools: showcasing exact area of project(s);

I believe our community members as well as the Municipality would benefit from this tool and could allow for more transparency in our website, as well as more interaction amongst the community. Many towns, cities and governmental agencies within Canada are using Bang the Tables modules, including, but not limited to: ones within our area and size like: Collingwood, Midland, and South Huron Ontario.

M. Mclnerney has quoted the Municipality $10,250.00 ($2,750 for on boarding and training and $7,500 for an annual license) for this module. Should Council choose to pursue this proposal, the amount of $2,750 would only apply in the first year.

A Motion moved by Deputy Mayor Marks and seconded by Councillor Roberts that Council receive report CAO 51-19 Bang The Table Public Engagement Module, Annual Licence Proposal as information; And further that Council direct staff to proceed with the annual license proposal from Bang The Table in the amount $10,250.00 exclusive of HST. The Motion was Carried.

2. CAO 52-19 Overnight Parking Permits

Background - Council requested staff to investigate overnight parking regulations in other municipalities, including any permitting provisions. Council's request originated with parking by—law enforcement activities last winter.

The Municipality's parking by-law does not permit vehicles to be parked overnight, specifically between 3:00 am and 5:00 am on any municipal street year round. Because of its proximity to Central Elgin, staff have focused on the overnight parking permit system enacted by the City of St. Thomas. In the City of St. Thomas:

  • if a property has two or more parking spaces (including garage), a permit will not be issued;
  • If a property has the potential for two parking spaces, a permit may be issued for one year on the condition that that the property owner will develop the additional parking spaces in conformity with by-laws and regulations;
  • The annual permit fee is $56.50 per season/year. In addition, guest parking passes may be issued for $2.00 per day.

Staff would suggest that the City of St. Thomas model has practical merit for adoption by Central Elgin. It provides a mechanism for property owners without a driveway to legally park on the street. For those property owners without a driveway but adequate property to construct a driveway, it provides an incentive to construct a driveway as future overnight parking permits will be unavailable.

Round table discussion followed trying to decide what conditions, options and how to collect funds for parking passes.

A Motion moved by Councillor Row and seconded by Councillor Roberts that Report CAO 52-19 Overnight Parking Permits be received as information; And further that Council direct staff to Option 2 - as per said report. Councillor Crevits asked for a recorded vote on the Motion. The Motion was Carried with a majority with only Councillor Crevits opposed.

3. CAO 53-19 Kettle Creek Conservation Authority Agreement for Use of Lands

Background - The Municipality of Central Elgin and the Kettle Creek Conservation Authority have had an agreement enabling the Municipality to use the Belmont Conservation Area and the Union Pond Conservation Area as public parks in return for the Municipality's maintenance of the parks. The previous agreement has expired and it is necessary to enter into a new agreement should the Municipality wish to do so.

Council has allocated funding for the Municipality to construct a trail through the Belmont Conservation Area, however the Municipality is unable to do so without the permission provided by the agreement. The term of the new agreement is five years with an option to extend for an additional five years.

A Motion moved by Deputy Mayor Marks and seconded by Councillor Crevits that Report CAO 53-19 Kettle Creek Conservation Authority Agreement for Use of Lands be received as information. The Motion was Carried.

Director of Infrastructure & Community Services

1. ICS 08-19 Turvey Skate Park Tender

Background - The Municipality called for tenders for the Turvey Skate Park project which closed at 2pm on September 19, 2019. Prospective contractors were generously given until August 3”, 2020 to complete the project. The Municipality received only one tender for the project. The Municipality was informed that Contractors with the required skill and ability to complete cast-in-place skate parks are in demand and may have their 2020 season already booked. The proposed price of $149,000.00 fits within the Capital Project budget for the Turvey Park improvements. Respectfully

A Motion moved by Councillor Roberts and seconded by Councillor Row that the Council of The Corporation of the Municipality of Central Elgin award CE-019—19, Turvey Skate Park tender, to Radius Contracting Inc., for the proposed price of $149,000.00 excluding HST as per Report ICS 08-19. The Motion was Carried.

2. ICS 09-19 2019 Ministry of the Environment, Conservation and Parks Inspection Reports for the Belmont Water System & Central Elgin Distribution System

Background - Annually, a Provincial Officer of the Ministry of the Environment conducts an in-depth inspection of all water systems in the Province. The inspections include on site visits, interviews, sampling and document/records review. This report represents the findings of the annual inspections of the Belmont Water System and the Central Elgin Distribution System.

The Provincial Officer looks for compliance and conformity to the Drinking Water Works Permits, Drinking Water Licenses, Certificates of Approval, Permits to Take Water, the Safe Drinking Water Act and all of its associated Drinking Water Regulations.

Some of the items the Provincial Officer thoroughly inspects to ensure compliance with the above documents include; a survey of potential contamination sources, a capacity assessment, integrity of the treatment system train, equipment maintenance programs, flow meter calibrations, operations and equipment manuals, log book entries, contingency plans, operational procedures, facility security, operator certification and training, distribution system operation and maintenance programs and water sampling programs and results. Often the Inspection officer will take samples and send them to their own laboratory to confirm water quality.

In the inspection report, the Provincial Officer will highlight any non-compliant issues, provide recommendations on Best Practices and provide an inspection rating percentage.

A Motion moved by Deputy Mayor Marks and seconded by Councillor Row that the Council of the Municipality of Central Elgin receives and approves the 2019 Ministry of the Environment, Conservation and Parks Inspection Reports for the Belmont Water System and the Central Elgin Distribution System as per Report ICS 09-19. The Motion was Carried.

3. ICS 10-19 DWQMS Operational Plan

Background - The Drinking Water Quality Management System (DWQMS) Operational Plan is a comprehensive document that includes among other things policies, procedures, system descriptions, essential suppliers, contingency plans and sampling requirements. These documents assist operations staff with the implementation of the Drinking Water Quality Standards and in decision making during routine and emergency conditions. Operational Plans are just one part of the Drinking Water Licensing Program which also includes Drinking Water Works Permits, Financial Plans, Permits to take Water and Accreditation of the Operating Authority.

A Motion moved by Councillor Row and seconded by Councillor Crevits that the Council of The Municipality of Central Elgin endorse the Drinking Water Quality Management System (DWQMS) Operational Plan for the Belmont Water System and the Central Elgin Distribution System as per Report ICS 10-19. The Motion was Carried.

Director of Financial Services/Treasurer

Director of Fire Rescue Services/Fire Chief

Director of Asset Management & Development Services

1. AMDS 02-19 Erie Rest Parking Lot

Council approved the construction of a new parking lot at Erie Rest Beach as part of the 2018 Capital Budget. Staff have been working with staff from Kettle Creek Conservation Authority as well as a shoreline engineer for the design of the project. We would note that the proposed parking lot is located on Erie Rest Beach west of Bartholomew and south of West Edith Cavell Blvd. The proposed parking lot is located in what is designated the dynamic beach zone policy area. In order to support the construction of the parking lot, the site required investigation and evaluation by a qualified Shoreline engineer. The purpose of the review was to determine if the proposed location should still be considered as ”dynamic” and therefore prohibit development. The site was reviewed by Milo Sturm whom is recognized as a qualified shoreline engineer and was the engineer that provided the technical report that supports the Dynamic Beach Zone policy area when it was adopted in 1996.

As a result of the study the size of the parking lot has been reduced from approximately 100 spaces to 56 spaces to acknowledge and respect the area that is still considered as dynamic.

Councillor Row commented that she was happy that the parking lot was reduced from 100 spaces to 56 spaces as it was far too large. She also questioned if the 56 spaces were really needed as there is currently only 15 spaces. An increase to 56 spaces would be almost 4 times the current amount of parking spaces. The biggest concern is access in and out of the parking lot which would cause a lot of wear and tear to the roads. Congestion in the area due to the increase in parking spaces may also become an issue.

Mayor Martyn commented that the new parking was to stop people from parking along Edith Cavell West and to make it safer in the area for emergency vehicle access.

A Motion moved by Councillor Roberts and seconded by Deputy Mayor Marks that Report AMDS 02-19 Erie Rest Parking Lot be received as information; And that Council direct staff to proceed with the construction of a new parking lot at Erie Rest Beach as per Report AMDS 02-19; And further that Council direct staff to schedule a public information session for the area residents to review the parking lot plans. The Motion was Carried with Councillor Row opposed.

2. AMDS 03-19 September 2019 Monthly Building Report

Permit value for September 2019 $3,041,330.00
Permit value for September 2018 $2,530,500.00
Increase $510,830.00

Permit value for year to date (2019) $41,846,962.00
Permit value for previous year (2018) $46,134,286.00
Decrease $4,287,324.00

Total permits for present year (2019) to date 320
Total permits for previous year (2018) to date 359

Total New Homes for present year (2019) to date 234
Total New Homes for previous year (2018) to date 241

A Motion moved by Councillor Crevits and seconded by Councillor Row that Report AMDS 03-19 September 2019 Monthly Building Report be received as information. The Motion was Carried.

Site Plan Control Committee

1. 464895 Ontario Ltd. (Dowler Karn)

A Motion moved by Deputy Mayor Marks and seconded by Councillor Crevits that Site Plan Control Committee Report dated October 15th, 2019 concerning an application by 464895 Ontario Ltd. for approval of a plan of development to be located on lands municipally known as 43909 Talbot Line, in the Municipality of Central Elgin be received; And further that said application be approved subject to the following conditions:

  • Compliance shall be made with all applicable zoning, building, fire, plumbing, sewer, drainage and health regulations;
  • And the application be subject to final approval by the Director of Asset Management/Development and Facility Services.

The Motion was Carried.

By-laws

A Motion moved by Councillor Roberts and seconded by Deputy Mayor Marks that By-laws 2413, 2414, 2416 and 2418 be taken collectively. The Motions were read 1st, 2nd, and 3rd time and finally passed collectively.

1. By-law 2413 - Confirmatory By-law

2. By-law 2414 - ZBA, 191 Carlow Road (DOC Building)

3. By-law 2416 - Site Plan Agreement - 464895 Ont. Ltd. (Dowler Karn)

4. By-law 2418 - KCCA - Use of Land Agreement

Public Notice

Resolutions

New Business

Mayor Martyn suggested that Central Elgin Council declare that there is a Climate Emergency, and I will bring that to Council as a resolution at the next meeting to show our support for this world wide movement.

Deputy Mayor Marks commented that at the last Community Input Meeting there was a lot of complaints concerning the water rates and suggested looking for any possible room to lower the water rates. He also commented on the harmful effects of Radon Gas that seeps up through the ground into many homes, and that Central Elgin should make more efforts to educate the public. Deputy Mayor Marks also asked staff about the groins for the high water in the harbour.

Lloyd Perrin indicated that staff are still working towards installing the new breakwater. We won't be able to begin construction this fall due to the special approvals required from the Department of Fisheries and Oceans. We are close to a decision on controlling movement of the fishing tugs in the harbour by installing piles adjacent to the boats to help stop damage to the harbour seawall. The cost of the wooden utility poles is approximately $200 each and $500 for the installation, but for durability, a steel pipe option is our preference that we are currently investigating. The piles can all go in by the first part of November.

Closed Session - Council went into Closed Session at 8:59 P.M.

1. CS1 Litigation of Potential Litigation (s.239(2)(e)) - 3767 Old Dexter Line (verbal update)

2. CS2 Litigation or Potential Litigation (s.239(2)(e)) - Oille Drain (verbal update)

3. CS3 Solicitor-Client Privilege (s.239)(2)(f)) - LPAT, Norton

4. CS4 Closed Session Minutes

Adjournment

Last Updated: Wednesday, 16 October 2019 14:57:14 PM EST

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