12 - May 9, 2023 County Council Meeting Minutest
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ELGIN COUNTY COUNCIL
MINUTES
May 9, 2023, 9:00 a.m.
Council Chambers
450 Sunset Drive
St. Thomas ON
Members Present: Warden Ed Ketchabaw
Deputy Warden Grant Jones
Councillor Dominique Giguere
Councillor Mark Widner
Councillor Jack Couckuyt
Councillor Andrew Sloan
Councillor Todd Noble
Councillor Mike Hentz
Councillor Richard Leatham
Staff Present: Amy Thomson, Director of Human Resources
Michele Harris, Director of Homes and Seniors Services
Jennifer Ford, Director of Financial Services/Treasurer
Nicholas Loeb, Director of Legal Services
Jenna Fentie, Manager of Administrative Services/Deputy Clerk
Peter Dutchak, Manager of Transportation
Stefanie Heide, Legislative Services Coordinator
Paul Hicks, Acting Manager of Planning
1. CALL TO ORDER
The meeting was called to order at 9:00 a.m. with Warden Ketchabaw in the
chair.
2. ADOPTION OF MINUTES
Moved by: Councillor Noble
Seconded by: Councillor Sloan
RESOLVED THAT the minutes of the meetings held on April 25, 2023 and May
4, 2023 be adopted.
Motion Carried.
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF
None.
4. PRESENTING PETITIONS, PRESENTATIONS AND DELEGATIONS
4.1 Kate Burns Gallagher, WOWC Executive Director - Western Ontario
Wardens Caucus Presentation
The Western Ontario Wardens Caucus Executive Director provided a
presentation to Council detailing WOWC's priorities for 2023-2024.
Moved by: Deputy Warden Jones
Seconded by: Councillor Giguere
RESOLVED THAT the presentation from the Executive Director of the
Western Ontario Wardens Caucus be received and filed.
Motion Carried.
4.2 Karen Davies, President & CEO, Tonya Sheldon, Vice President &
Chief Financial Officer, Peter van der Westen, Board of Directors
Chair, and Dan Ross, Board of Directors First Vice Chair - St.
Thomas Elgin General Hospital Presentation
Representatives from the St. Thomas Elgin General Hospital Board of
Directors provided a presentation to Council detailing the hospital's key
challenges and risks, critical pressures, and future projects.
Moved by: Councillor Widner
Seconded by: Councillor Hentz
RESOLVED THAT the presentation from the St. Thomas Elgin General
Hospital Board be received and filed.
Motion Carried.
5. COMMITTEE OF THE WHOLE
Moved by: Councillor Noble
Seconded by: Councillor Sloan
RESOLVED THAT we do now move into Committee of the Whole.
Motion Carried.
6. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF
6.1 Warden Ketchabaw - Warden's Activity Report April 2023 and
Upcoming Community Flag Raisings and Proclamations
Warden Ketchabaw presented the report that provides a high-level
summary of the meetings and official functions he attended during the
month of April 2023, and to seek Council's approval for proclamation and
flag raising requests submitted by Elgin County Pride and Elder Abuse
Elgin.
Moved by: Councillor Sloan
Seconded by: Councillor Couckuyt
RESOLVED THAT the report titled "Warden's Activity Report April 2023
and Upcoming Community Flag Raisings and Proclamations" dated May
1, 2023 from Warden Ketchabaw be received and filed; and
THAT County Council support the proclamation and flag raising requests
from Elder Abuse Elgin and Elgin County Pride for 2023.
Motion Carried.
6.2 Acting Manager of Planning - Willow Run Draft Plan of Subdivision
and Draft Plan of Condominium, File No. 34T-AY22001 and 34CD-
AY22002
The Acting Manager of Planning presented the report that provides
Council with the information required in order to consider granting draft
plan approval to the Draft Plan of Subdivision and Draft Plan of
Condominium submitted by CJDL Consulting Engineers on behalf of
Performance Communities Realty Inc., File No. 34T-AY22001 and 34CD-
AY22002.
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Moved by: Councillor Leatham
Seconded by: Councillor Couckuyt
RESOLVED THAT the Council of the Corporation of the County of Elgin
grants draft plan approval to Draft Plan of Subdivision by CJDL Consulting
Engineers on behalf of Performance Communities Realty Inc. and dated
October 28, 2022; and
THAT the Council of the Corporation of the County of Elgin grants draft
plan approval to Draft Plan of Condominium by CJDL Consulting
Engineers on behalf of Performance Communities Realty Inc. and dated
October 28, 2022; and
THAT staff be directed to provide notice of these decisions subject to the
conditions of final approval in accordance with the requirements of the
Planning Act.
Motion Carried.
6.3 Acting Manager of Planning - Modification to Draft Plan Approved
Plan of Subdivision, File No. 34T-BY2201
The Acting Manager of Planning presented the report that provides
County Council with the information required to consider granting approval
to proposed modifications to the existing draft plan of subdivision as
prepared by CJDL Limited on behalf of 11:28 Properties Inc.
Moved by: Deputy Warden Jones
Seconded by: Councillor Hentz
RESOLVED THAT the Council of the Corporation of the County of Elgin
grants approval to the revised Draft Plan of Subdivision, as prepared by
CJDL Limited on behalf of 11:28 Properties Inc., and dated April 21, 2023;
and
THAT staff be directed to provide notice of this decision subject to the
conditions of final approval in accordance with the requirements of the
Planning Act.
Motion Carried.
6.4 Acting Manager of Planning - Draft 2023 Provincial Policy Statement
The Acting Manager of Planning presented the report that provides
Council with information on the Province's new Draft Provincial Policy
Statement (2023) and the differences between the existing and proposed
policy statements as well as staffs assessment of the changes.
Moved by: Councillor Giguere
Seconded by: Councillor Hentz
RESOLVED THAT the report titled "Draft 2023 Provincial Policy
Statement" dated May 2, 2023 from the Acting Manager of Planning be
received and filed; and
THAT the Acting Manager of Planning be directed to prepare comments
addressing the changes outlined in the Proposed Provincial Policy
Statement with regard to the changes to the Agricultural Policies and the
Urban Settlement Boundary Policies to be submitted by the Warden to the
Province through the Ontario Environmental Registry.
Motion Carried.
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6.5 Manager of Transportation Services - Reduced Speed Zone
Extension and Community Safety Zone Establishment - Aldborough
Public School
The Manager of Transportation Services presented the report
recommending extending the existing reduced speed zone along Furnival
Road (CR 103) as well as establishing a Community Safety Zone within
the school zone.
Moved by: Councillor Leatham
Seconded by: Councillor Noble
RESOLVED that the report titled "Reduced Speed Zone Extension and
Community Safety Zone Establishment - Aldborough Public School" dated
April 28, 2023 from the General Manager of Engineering, Planning &
Enterprise / Deputy CAO and the Manager of Transportation Services be
received and filed; and
THAT Schedule B of By -Law No. 20-58 be amended to include the
following:
Road
Section
Description
103
A
From 1493 metres north of the south property
line of County Road 104 to 2037 metres south of
the south property line of County Road 104.
AND THAT Schedule A of By -Law No. 17-12 be amended to include the
following:
County Road
From
To
Hours
Days
Months
Number and
Name
103Furnival
164M
384M
8:00
Monday
January to
Road
south of
south of
a.m.
to
June and
south
south
to
Friday
property
property
5:00
September
limit of
limit of
p.m.
to
Pioneer
Pioneer
December
Line
Line
Motion Carried.
6.6 Director of Legal Services - Magdala Road Widening Parcel(s)
Transfer
The Director of Legal Services presented the report requesting
authorization from Council for the transfer of a Corporation of the County
of Elgin owned parcel of land, PIN 35146-0201, to the Township of
Southwold, in order to clear up an oversight that occurred in 2007 and
2017.
Moved by: Councillor Sloan
Seconded by: Deputy Warden Jones
RESOLVED THAT the report titled "Magdala Road Widening Parcel(s)
Transfer" dated May 2, 2023 from the Director of Legal Services be
received and filed; and
CI
THAT the Council of the County of Elgin authorize the transfer of PIN
35146-0201 to the Township of Southwold at nominal cost and hereby
direct and authorize the Warden and Chief Administrative Officer/Clerk to
execute any documents necessary to give effect to the transfer; and
THAT the Council of the County of Elgin authorize the transfer of any
other road widening parcel(s) related to Magdala Road that include a road
widening Part or multiple Parts shown on Plan 11 R-8682, to the Township
of Southwold at nominal cost and authorize the Warden and Chief
Administrative Officer/Clerk to execute any documents necessary to give
effect to such transfer(s).
Motion Carried.
7. COUNCIL CORRESPONDENCE
7.1 Items for Consideration
7.1.1 Draft Motion in Support of Bill 5 - Stopping Harassment and
Abuse by Local Leaders Act
Moved by: Councillor Giguere
Seconded by: Councillor Hentz
WHEREAS Bill 5 - Stopping Harassment and Abuse by Local Leaders
Act, 2022 was introduced in the Ontario Legislature by MPP Stephen
Blais through a Private Member's Bill on August 10, 2022; and
WHEREAS over 40 municipalities have formally endorsed and
communicated public support for Bill 5; and
WHEREAS the County of Elgin and Council are committed to
demonstrating good governance and greater accountability to its Code
of Conduct and workplace policies; and
WHEREAS Bill 5 would both hold accountable and protect all
municipal officials; and
WHEREAS Bill 5, the Stopping Harassment and Abuse by Local
Leaders Act, 2022 would require the Code of Conduct for municipal
Councillors and members of local boards to include a requirement to
comply with workplace violence and harassment policies and permit
municipalities to direct the Integrity Commissioner to apply to the court
to vacate a member's seat if the Commissioner's Inquiry determines
that the member has contravened this requirement;
NOW THEREFORE BE IT RESOLVED that Elgin County Council
express its support for Bill 5, Stopping Harassment and Abuse by
Local Leaders Act, and
FURTHER that this resolution be sent to the Hon. Doug Ford, Premier
of Ontario, the Minister of Municipal Affairs and Housing, the
Association of Municipalities of Ontario, and the local Member of
Provincial Parliament, MPP Rob Flack, and Elgin County constituent
municipalities.
Motion Carried.
7.1.2 Resolution from the Township of Malahide requesting Elgin
County Council consider requirements for guardrail placement on
the Northwest side of Imperial Road at Rush Creek Line.
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Moved by: Councillor Widner
Seconded by: Councillor Giguere
RESOLVED THAT staff be directed to provide a follow-up report that
considers the requirements for guardrail placement on Imperial Road
at Rush Creek Line for Council's consideration at a future meeting.
Motion Carried.
7.2 Items for Information (Consent Agenda)
7.2.1 Letter from Enbridge Gas Inc. regarding the introduction of a
locate charge.
Moved by: Councillor Leatham
Seconded by: Deputy Warden Jones
RESOLVED THAT the letter from Enbridge Gas Inc. be received and
filed.
Motion Carried.
8. OTHER BUSINESS
8.1 Statements/Inquiries by Members
None.
8.2 Notice of Motion
None.
8.3 Matters of Urgency
Matters of Urgency will be considered following the rise and report from
closed session.
9. CLOSED MEETING ITEMS
Moved by: Deputy Warden Jones
Seconded by: Councillor Noble
RESOLVED THAT we do now proceed into closed meeting session in
accordance with the Municipal Act to discuss the following matters under
Municipal Act Section 239 (2):
Closed Meeting Item #1 - Terrace Lodge Redevelopment
(f) advice that is subject to solicitor -client privilege, including communications
necessary for that purpose.
Closed Meeting Item #2 - Elgin ats. Clearbeach Resources Inc.
(e) litigation or potential litigation including matters before administrative
tribunals, affecting the municipality or local board; and (f) advice that is subject to
solicitor -client privilege, including communications necessary for that purpose.
Closed Meeting Item #3 - HR Update (verbal)
(b) personal matters about an identifiable individual, including municipal or local
board employees; and (f) advice that is subject to solicitor -client privilege,
including communications necessary for that purpose.
Motion Carried.
9.1 Director of Legal Services - Terrace Lodge Redevelopment
9.2 Director of Legal Services - Elgin ats. Clearbeach Resources Inc.
A
9.3 Director of Legal Services and Director of Human Resources - HR
Update (verbal)
10. MOTION TO RISE AND REPORT
Moved by: Councillor Sloan
Seconded by: Councillor Noble
RESOLVED THAT we do now rise and report.
Motion Carried.
Closed Meeting Item #1 - Terrace Lodge Redevelopment
Moved by: Councillor Hentz
Seconded by: Councillor Sloan
RESOLVED THAT staff proceed as directed.
Motion Carried.
Closed Meeting Item #2 - Elgin ats. Clearbeach Resources Inc.
Moved by: Deputy Warden Jones
Seconded by: Councillor Noble
RESOLVED THAT the Director of Legal Services proceed as directed.
Motion Carried.
Closed Meeting Item #3 - HR Update
Moved by: Councillor Widner
Seconded by: Councillor Sloan
RESOLVED THAT the report from the Director of Legal Services and the Director
of Human Resources be received for information.
Motion Carried.
11. 8.3 MATTERS OF URGENCY - CONTINUED
Moved by: Councillor Hentz
Seconded by: Deputy Warden Jones
RESOLVED THAT the Council of the County of Elgin delegate authority to the
Manager of Corporate Facilities to be a signed authority for change orders and
other related documents for County construction projects.
Motion Carried.
Moved by: Councillor Widner
Seconded by: Councillor Sloan
RESOLVED THAT the Council of the County of Elgin hereby appoints Steve
Gibson as Acting CAO until an Interim CAO is appointed by Council.
Motion Carried.
Moved by: Councillor Giguere
Seconded by: Councillor Hentz
RESOLVED THAT the Council of the County of Elgin direct staff to return to
Council with a short-list of candidates for consideration by Council of an Interim
CAO; and
Ire
THAT Council direct staff to return to Council with options and recommendations
on a recruitment process for a permanent CAO.
Motion Carried.
12. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE
WHOLE
Moved by: Deputy Warden Jones
Seconded by: Councillor Sloan
RESOLVED THAT we do now adopt recommendations of the Committee of the
Whole.
Motion Carried.
13. CONSIDERATION OF BY-LAWS
13.1 By -Law No. 23-21 Designating a Community Safety Zone
BEING a By -Law to Amend By -Law No. 17-12 Designating Community
Safety Zones on County Roads.
Moved by: Councillor Leatham
Seconded by: Councillor Sloan
RESOLVED THAT By -Law No. 23-21 be now read a first, second, and
third time and finally passed.
Motion Carried.
13.2 By -Law No. 23-22 Speed Zone Amendment County Road 103
To Amend the Schedule to By -Law No. 20-58 Being a By -Law to
Authorize Speed Limits.
Moved by: Councillor Sloan
Seconded by: Councillor Leatham
RESOLVED THAT By -Law No. 23-22 be now read a first, second, and
third time and finally passed.
Motion Carried.
13.3 By -Law No. 23-23 Confirmation
BEING a By -Law to Confirm Proceedings of the Municipal Council of the
Corporation of the County of Elgin at the May 9, 2023 Meeting.
Moved by: Councillor Sloan
Seconded by: Councillor Couckuyt
RESOLVED THAT By -Law No. 23-23 be now read a first, second, and
third time and finally passed.
Motion Carried.
14. ADJOURNMENT
Moved by: Councillor Widner
Seconded by: Councillor Couckuyt
RESOLVED THAT we do now adjourn at 12:19 p.m. to meet again on May 23,
2023 at 9:00 a.m.
Motion Carried.
n.
Jenna Fentie,
anager of Administrative
Services/Deputy Clerk
Ed Ketchabaw,
Warden