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12 - May 9, 2023 County Council Meeting Minutest mt ®y N;atum 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. 2 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. 3 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. 5 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