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Port Stanley News RSS Feed  News Regular Meeting Of Council On Tuesday, November 12th, 2019

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by Doug Harvey

The Corporation of the Municipality of Central Elgin

Regular Meeting Of Council On Tuesday, November 12th, 2019

Roll Call - Deputy Mayor Marks was absent.

Disclosure of Pecuniary Interest and the General Nature Thereof

Councillor Fehr had an interest in CEP 66-19 Application to Amend Township of Yarmouth By-law 1998 - 43588 Sparta Line - Ships Ahoy Marine .

Adoption of Minutes

Minutes from the Regular meeting of Council dated October 15 and Regular/Planning meeting dated October 28, 2019 were adopted.

Employee Recognition

1. 20 Years of Service
Randy Meeuse
Trevor Zimmer

30 Years of Service
Paul Barletta
Donald Leitch

Retirements
Earl McLeod - 18 years of service
Glenda Vanzanten - 43 years of service

Delegation(s)

1. Climate Change
Dave Plumb was in attendance to address Council regarding "Climate Change".

Climate Essentials
We live in a society absolutely independent on science and technology and yet have cleverly arranged things so that almost no one understands science and technology. That's a clear prescription for disaster. - Carl Sagan, Bringing Science Down to Earth (1994).

Milutin Milankovic
(1879-1958)
Serbian scientist:

  • Mathematician
  • climatologist
  • geophysicist
  • civil engineer
  • doctor of technology
  • university professor
  • popularizer of science

Milankovitch Cycles: Eccentricity
Eccentricity varies by approximately 9,005,000 Km from minimum to maximum on a 100,000 year cycle.

Milankovitch Cycles: Obliquity

  • Varies between 22.1° and 24.5° on a 41,000 year cycle
  • Current obliquity is 23.44°, decreasing toward minimum

Milankovitch Cycles: Precession (26,000 Year Cycle)
The Milankovitch Cycles are the primary climate “drivers” on Earth.

Dr. Milankovitch's Conclusions and Present Status

Glaciation occurs when: Present Status
A) Land is polar distributed Land is polar distributed
B) Eccentricity is minimal Will be minimal in 25,000 years
C) Obliquity is minimal Will be minimal in 11,400 years

His presentation seemed to indicate that our present day climate is controlled by earths eccentric orbit around the sun which varies over time and that our climate is experiencing a warming period. He ended his presentation asking Council "If your contemplating spending any taxpayer money on trying to make that tiny little blip disappear, please don't spend my money on it!"

To view this presentation in it's entirety, the file is available here in PDF format.

2. Erie Rest Parking Lot
Doug Chamberlain was in attendance to discuss size and shape of Erie Rest Parking Lot.

In his presentation Mr. Chamberlain indicated that the proposed parking lot would be part of his view of Lake Erie and that he thought it was too large and should be reduced in size and shape from the current size of 58 parking spaces to 35 parking spaces. He also said that parking in the area is only an issue on good weather weekends in the summer, not in the winter, spring, or fall, just a couple weekends a year.

The discussion continued for some time with Councillor Row and Councillor Fehr in favour of limiting parking spaces as per the plan that Mr. Chamberlain proposed. Mr. Perrin indicated that the current plan for a parking lot was proposed by a previous Council, and that it was up to Council to decide how many parking spaces the parking lot would have. A motion for the reduction of parking spaces was almost proposed until Councillor Crevits indicated that his position was that he would not be in favour of reducing the number of parking spaces as he felt that the full 58 spaces were needed. More discussion followed and then a motion was presented limiting parking spaces as per Mr. Chamberlain's plan which was then defeated. More discussion followed and then it was decided that the current Council proposal of 58 parking spaces for the parking lot that Council had previously decided at a October 15th, 2019 Council meeting would be presented for discussion at a future public meeting.

Correspondence (Action)

1. Provincial Consultation on the Transformation of Building Services in Ontario
Correspondence received from the Town of Prescott respecting Provincial Consultation on the Transformation of Building Services in Ontario.

A Motion moved by Councillor Row and seconded by Councillor Fehr that correspondence received from the Municipality of Prescott respecting Provincial Consultation on the Transformation of Building Services in Ontario be endorsed. The Motion was Carried.

2. Heritage Sign
Request from Heritage Central Elgin respecting a location for a new heritage sign.

A Motion moved by Councillor Fehr and seconded by Councillor Crevits that Council has no objections to a request by Heritage Central Elgin to locate a Heritage sign regarding ghost town of Selbourne, Central Elgin at the site where the Fishermen's Memorial sign sits by Moore Water Gardens subject to an approval by the County of Elgin. The Motion was Carried.

Correspondence (for Council's Information)

A Motion moved by Councillor Fehr and seconded by Councillor Roberts that Correspondence for Council's Information Items #1 - #8 excluding Items #1, #5, and #7 be received as information and filed. The Motion was Carried.

A Motion moved by Councillor Row and seconded by Councillor Crevits that correspondence received from the Town of Kingsville seeking support for their resolution to Premier Doug Ford respecting Local Health Care Services be endorsed. The Motion was Carried.

A Motion moved by Councillor Row and seconded by Councillor Crevits that correspondence sent to the Honourable Jeff Yurek, Minister of the Environment, Conservation and Parks from Grey Sauble Conservation Authority respecting programs and services of GSCA be endorsed. The Motion was Carried.

A Motion moved by Councillor Row and seconded by Councillor Crevits that correspondence received from the Township of Stirling-Rawdon respecting Municipal Liability and Insurance Costs be endorsed. The Motion was Carried.

1. Local Health Care Services
Correspondence received from the Town of Kingsville seeking support for their resolution to Premier Doug Ford respecting Local Health Care Services.

2. Ministry of Natural Resources and Forestry
Environmental Registry Notice (019-0732) by the Ministry of Natural Resources and Forestry regarding proposal to amend three statues and make a new regulation.

3. County of Elgin
Copy of County of Elgin Highlights for County Council meeting dated October 22, 2019.

4. Enbridge Gas Inc. - 2020 Rate Application - Notice of Hearing

5. Grey Sauble Conservation Authority
Copy of correspondence sent to the Honourable Jeff Yurek, Minister of the Environment, Conservation and Parks from Grey Sauble Conservation Authority respecting programs and services of GSCA.

6. BIA Board of Management
Copy of minutes of BIA Board of Management meeting dated October 9, 2019.

7. Municipal Liability and Insurance Costs
Copy of correspondence received from the Township of Stirling-Rawdon respecting Municipal Liability and Insurance Costs.

8. Enbridge - Ontario Energy Board File No. EB-2017-0108
Certificates of Public Convenience and Necessity - Norfolk County, the County of Elgin and the County of Middlesex

Reports

Central Elgin Planning Office

1. CEP 66-19 Application to Amend Township of Yarmouth By-law 1998 - 43588 Sparta Line - Ships Ahoy Marine

Background - Through the consultation process, the applicant advised that they are looking to add motor vehicle sales and service to the permitted uses on the subject lands, which are currently used for the sale and service of watercraft. The proposed uses would take place within the existing building, and no additions are proposed. The proposed use meets with the definition for "automotive trade" within By-law 1998.

The subject lands, which are located on the north side of Sparta Line, adjacent to Garrod Lane, have approximately 33.5 metres (110 feet) of frontage on Sparta Line and are approximately 0.38 hectares (0.95 acres) in lot area (see Location Plan). Municipally known as 43588 Sparta Line, they may be legally described as the South Part of Lot 8, Concession 4, geographic Township of Yarmouth, now Municipality of Central Elgin.

Uses surrounding the subject lands are predominantly a mix of residential and commercial. The subject lands are within 120 metres of lands designated as "Natural Heritage" in the Municipality's Official Plan. However, since the proposed amendment seeks only to add a use that is similar to the existing use and no new development is proposed, staff are not recommending that Council require anything further on the Natural Heritage policies.

The purpose of the application is to rezone the lands from the current site-specific Industrial(C1-7) Zone to allow for automotive trade. The proposed use is similar to the existing use, which involves the repair and sale of watercraft. However, automotive trade is specifically defined in the by-law. To permit the proposed use, an amendment to the by-law is required.

A Motion moved by Councillor Crevits and seconded by Councillor Roberts that Report CEP 66-19 be received as information; And that direction be given by Council to prepare a site-specific draft amendment to the Zoning By-law to permit automotive trade at 43588 Sparta Line on lands that may be_legally described as the South Part of Lot 8, Concession 4, geographic Township of Yarmouth, now Municipality of Central Elgin; And further that a date for a public meeting be scheduled for Monday December 9th, 2019 at 7:05 pm in accordance with Ontario Regulation 545/06 as amended. The Motion was Carried.

Chief Administrative Officer

1. CAO 58-19 Accessible Taxi Cabs

Background - Municipalities are required to consult the public, people with disabilities and their Accessibility Advisory Committee to determine the proportion of on—demand accessible taxicabs required in the community. As Central Elgin is currently not responsible for licensing taxicabs, it is difficult to require a certain number of accessible taxicabs in the Municipality. Some Municipalities in the Province have taken a ratio approach, similar to the approach presented to Central Elgin Council. Feedback from surrounding municipalities was somewhat limited and did not directly relate to the unique operating situation that Central Elgin and Elgin County find themselves in.

The Joint Accessibility Advisory Committee (JAAC) recommend to Central Elgin Council that if taxicab licensing is added to their municipal portfolio, that the new by-law include a clause that 1 in every 10 taxicabs per company licensed by the municipality be accessible, and further that the first licensed cab in the fleet be accessible as defined in section 1 of Regulation 629 of the Revised Regulations of Ontario, 1990 (Vehicles for Transportation of Physically Disabled Persons) made under the Highway Traffic Act. 0. Reg. 191/11, s.79(4).

A Motion moved by Councillor Fehr and seconded by Councillor Row that Report CAO 58-19 Accessible Taxi Cabs be received as information. The Motion was Carried.

2. CAO 59-19 Accessibility Feedback Policy

Background - Municipalities, as a Public Sector Organization, are required to complete "Accessibility Compliance Reports" every two (2) years and submit said reports to the Accessibility Directorate of Ontario, who enforces the AODA (Accessibility for Ontarians with Disabilities Act) accessibility compliance requirements. The AODA compliance report is a self-assessment of an organization's status in terms of compliance with all provincial accessibility requirements. Organizations that fail to submit an accessibility report can face penalties and fines. The mandatory reporting helps to ensure that municipalities are continuing to strive to meet the requirements of the AODA with the goal of making a fully accessible province by 2025. As required, The Municipality of Central Elgin last reported in December 2017.

A Motion moved by Councillor Cook and seconded by Councillor Roberts that Report CAO 59-19 Accessibility Feedback Policy be received as information; And further that Council adopt the Accessibility Feedback Policy. The Motion was Carried.

Director of Infrastructure & Community Services

1. ICS 13-19 Gateway Speed Limit Zones - Update

Background - On September 10, 2018, Council received report PW-29-18 Gateway Speed Limit Signage and directed staff to implement Gateway Speed Limit Signage in all neighbourhood local streets. The idea was to install 40 km/hr signs at the entrance of neighbourhoods and 40 km/hr ends signs at the exit of neighbourhoods in an effort to slow traffic. Previously these neighbourhoods were signed at 50 km/hr. 40 km/hr signs were installed in the winter of 2018.

It is apparent the 40 km/hr signs on their own have little effect on vehicle speeds. Speeds on McBain have been shown to drop below 50 km/hr but that may be a lingering effect of the temporary traffic calming measures put in place during the summer of 2018. Report PW 29—18 suggested that traffic calming requests as per Central Elgin's Traffic Calming Policy be suspended until this pilot program was completed. It is recommended that Central Elgin again consider requests for traffic calming.

It should be noted that when local streets are signed at 50 km/hr there hasn't been a street measured yet that would likely warrant traffic calming measures. If the gateway speed zones are left in place at 40 km/hr, it would give traffic calming measures a better shot at qualifying as per the policy adopted by council in 2018. The policy considers among other things vehicle speed, pedestrian facilities and proximity to parks/schools as warrants for the consideration of traffic calming installations. The policy and its warrants are very similar to other Municipalities in the region.

A Motion moved by Councillor Crevits and seconded by Councillor Fehr that Council of the Municipality of Central Elgin receive Report ICS 13-19 Gateway Speed Limit Zones - Update as information; And that Council direct staff to continue implementing the 40 km/hr Gateway Speed Zone Limit Zones on a permanent basis; And that Council direct staff to recommence the traffic calming program. The Motion was Carried.

2. ICS 14-19 Food Waste Audit

Background - Central Elgin was approached by Southwest Public Health to partner with them and the City of St. Thomas to complete a Food Waste Audit. The purpose of the program would be to measure the amount of food waste produced at the household level. Nationally, around 50% of food waste is produced at the household level and it has been estimated that over 60% of house hold food waste is avoidable. High levels of food waste exacerbate environmental impacts like greenhouse gas emissions, nutrient loss, and inefficient use of resources.

If council wishes to explore an organics green bin program in the future, this study could help determine the amount of food waste available to be diverted away from the landfill. It would also inform Central Elgin as to the amount of avoidable food waste being generated.

Mr. Leitch commented that the merit for doing the study was that Council was looking at Green Bin Recycling and that this study would provide useful data from the St. Thomas and Central Elgin area in making that decision to do Green Bin Recycling or not.

A Motion moved by Councillor Fehr and seconded by Councillor Crevits that Council direct staff to advise Southwestern Public Health and the City of St. Thomas that Central Elgin is not interested in partnering on a Food Waste Audit as proposed by AET Group Inc. as per Report ICS 14-19. The Motion was Carried.

3. ICS 15-19 Appleford Drain Improvements

Background - A Drain Improvement Request has been submitted to the Municipality for the Appleford Drain. The drain is located between the Municipality of Central Elgin and the Township of Malahide. The drain was constructed in 1964 with no improvements since. The submitted petition is attached to this report. The proposed works has been screened by Catfish Creek Conservation Authority and there are no initial concerns.

A Motion moved by Councillor Row and seconded by Councillor Fehr that Council of the Municipality of Central Elgin receive Report ICS 15-19 Appleford Drain Improvements as information; And that Council appoint Brandon Widner, P.Eng, of Spriet Associates Ltd. to prepare a report under Section 78 of the Ontario Drainage Act to improve the Appleford Drain. The Motion was Carried.

4. ICS 16-19 Mapleton Line Speed Reduction

Background - The Township of Malahide has notified the Municipality of Central Elgin of its intentions to reduce the speed limit on Mapleton Line between Springwater Road and 150 m East of Belmont Road (Municipal Boundary). There only remains 150 m of Mapleton Line between the boundary and Belmont Road in Central Elgin. The Township of Malahide has determined 60 km/hr speed limit through their section is more appropriate based on the existing road geometry and safety considerations. It is recommended due to location and geometry of the remaining portion that the same be done in Central Elgin.

A Motion moved by Councillor Roberts and seconded by Councillor Fehr that Council of the Municipality of Central Elgin receive Report ICS 16-19 Mapleton Line Speed Reduction as information. The Motion was Carried.

5. ICS 17-19 Rural Economic Development (RED) Grant Program Update

Background - On August 26, 2019, Council considered Report PW 36-19 Rural Economic Development (RED)Grant Program. Council chose Option 1 detailed in the report as applying for grant money to fund;

  • A. Decorative Street Lights ~ $185,000
  • B. New Sidewalks and Crosswalks — $115,000
  • C. Tree Planting - $28,000
  • D Street Furniture — $15,000
  • E. Overhead Power Burying ~ $260,000
  • Total Costs ~ $603,000

The grant application was completed and submitted to OMAFRA for consideration. On October 17, 2019 OMAFRA responded by email to notify Central Elgin that burying of overhead power and installation of sidewalks and crosswalks is not an eligible expense under the grant program. Therefore, $375,000 of the $603,000 applied for was not eligible.

A Motion moved by Councillor Row and seconded by Councillor Cook that Council of the Municipality of Central Elgin receives report ICS 17-19 Rural Economic Development (RED) Grant Program Update as information. The Motion was Carried.

Director of Financial Services/Treasurer

1. DFS 19-19 Council Remuneration Review

Background - Central Elgin Council remuneration has not been reviewed since the first Council after amalgamation (1998-2001). Council used to be remunerated on a salary basis. A "per meeting" attendance model was adopted to address non—performance issues. Certain members of Council wish to review the current pay model in order to simplify the current system.

After a considerable roundtable discussion, an equitable pay rate was decided upon using remuneration average rates from previous years and remuneration averages from other jurisdictions.

A Motion moved by Councillor Roberts and seconded by Councillor Fehr that Council receive Report DFS 19-19 Council Remuneration Review as information; And further that Council approve the following annual salary rate of remuneration; for the position of Mayor, $1,000 for mileage, salary $25,500, for a total of $26,500; for the position of Deputy Mayor, $500 for mileage, salary $20,000 for a total of $20,500; for the position of Councillor, $500 for mileage, salary $17,500 for a total of $18,000; And that the new remuneration packages be implemented as a one year pilot project effective January 1st, 2020; And further that Council direct staff to prepare a necessary By-law for Councils consideration for the next meeting dated November 25th, 2019. The Motion was Carried.

2. DFS 20-19 Request for Proposal CERFP-003-19 Central Elgin Development Charges

Background - A Request for Proposal, CERFP-003-19 Central Elgin Development Charges was issued on Bids and Tenders on Tuesday, October 10, 2019 with a proposal closing date of Thursday, October 31, 2019 at 2:00:00 p.m. One (1) bid submissions was received and verified for compliance by Financial Services staff. The proposals were then reviewed by the CAO, Director of Finance, and Director of Asset Management. The sole bid was deemed compliant. As a result it is recommended that Proposal CERFP 003—19 be awarded to the sole submission from Watson & Associates Economists Ltd. for a total proposal price of $45,200.00 exclusive of taxes.

A Motion moved by Councillor Crevits and seconded by Councillor Fehr that Council receive Report DFS 20-19 as information; And that Council approve awarding the Proposal CERFP 003-19 Central Elgin Development Charges to Watson & Associates Economists Ltd. for a total proposal price of $45,200.00 exclusive of taxes. The Motion was Carried.

Director of Asset Management & Development Services

1. AMDS 04-19 Application for Exemption to the Noise By-law No. 212, as amended

Background - On September 30th, 2019, a letter was received from the St. Thomas Gun Club requesting exemption from By-law No. 212, being the noise By-law for the Municipality. The exemption is sought to allow for the discharge of firearms prior to 1:00 p.m. on Sundays. This exemption would allow for trap shooting competitions, which have historically taken place on or around the requested dates. Additional Information: - The extension from 9:00 a.m. to 1:00 p.m. will allow an additional four hours on Sundays. The 9:00 a.m. start time would be consistent with what is allowed during other days of the week. - Additional noise will be audible by neighbouring residences to the west and south. - The applicant was granted the same exemption for several years and complaints have been received by a resident in the area ofthe Gun Club.

A Motion moved by Councillor Fehr and seconded by Councillor Row that Council receive Report AMDS 04-19 as information; And that Council grant an exemption to By-law No. 212, being a By-law to control noise in the Municipality of Central Elgin, as amended, to allow the St. Thomas Gun Club to hold their Winter Trapshooting events commencing at 9:00 a.m. on the following dates: January 19, 2020, and March 15th, 2020. The Motion was Carried.

Director of Fire Rescue Services/Fire Chief

By-laws

A Motion moved by Councillor Roberts and seconded by Councillor Crevits that By-laws 2408, 2422, 2424, 2425, and 2426 be taken collectively. Carried.

A Motion moved by Councillor Cook and seconded by Councillor Fehr that By-laws 2422, 2424, 2425, and 2426 be read a 1st, and 2nd time. Carried.

A Motion moved by Councillor Row and seconded by Councillor Crevits that By-laws 2408, 2422, 2424, 2425, and 2426 be read a 3rd time and finally passed. Carried.

1. By-law 2408 - Eames Cut-Off Drain - THIRD READING

2. By-law 2422 - Establish Honoraria & Allowances for Volunteer Firefighters

3. By-law 2424 - Adopt Certain Health and Safety and Human Resources Policies

4. By-law 2425 - Confirmatory By-law

5. By-law 2426 - Mapleton Line Speed Reduction

Public Notice

Resolutions

1. Heritage Conservation District Plan Steering Committee
- a resolution will be prepared for Council to invite the PSVA to appoint a representative to the Heritage Conservation District Plan Steering Committee

A Motion moved by Councillor Fehr and seconded by Councillor Crevits that Council direct staff to send correspondence to the PSVA requesting to name a representative to the Heritage Conservation District Plan Steering Committee. Carried.

New Business

Councillor Roberts commented on the "Smashing" appearance of the Central Elgin Fire & Rescue personnel that were in the Belmont Remembrance Day ceremonies.
Councillor Fehr asked what was the progress with the new Fire Station.
Mr. Perrin replied that they were still waiting for the final design from the Architect so we can tender the project. A full build of the project should be completed in 2020.

Councillor Crevits asked about how to procedurally bring a motion to reconsider the Fernie Street Closure agreement.
Mr. Leitch replied that because the Fernie Street Closure agreement was previously agreed upon that it would take another motion of reconsideration carried with a two thirds majority vote to then discuss changes to the agreement.
A Motion moved by Councillor Crevits and seconded by Councillor Row that Council approve the reconsideration of their original motion on the disposition of the Fernie Street dated September 23rd, 2019; And further said discussion take place at the next meeting of Council dated November 25th, 2019. Carried by a 4 to 2 majority vote.

It was also decided that December meetings would be combined and held on December 9th, 2019.
A Motion moved by Councillor Row and seconded by Councillor Crevits that Council direct staff to give notice that the only meeting of December will be held on Monday, December 9th, 2019; And that said meeting will be considered the Regular/Planning meeting. Carried.

Councillor Row commented that she looking for ways to help businesses during the King George VI Lift Bridge Rehabilitation Project proposed for next year. Ideas that were inexpensive and easily put into action were the most favourable. Selbourne Park having benches and kiosks for downtown businesses was discussed.

Closed Session - Council went into Closed Session at 9:43 P.M.

1. CS1 - Closed Session Minutes

2. CS2 - Security of Property (s.239(2)(a) - C.A. Bell Medical Centre, New Lease

Adjournment

Last Updated: Wednesday, 13 November 2019 14:03:04 PM EST

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