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15 - June 13, 2023 County Council Meeting Minutes4EI100� , gtn;7-'o ti Tilt r� Progmssive ,we ELGIN COUNTY COUNCIL MINUTES June 13, 2023, 9:00 a.m. Council Chambers 450 Sunset Drive St. Thomas ON Members Present: Warden Ed Ketchabaw Deputy Warden Grant Jones (virtual) Councillor Dominique Giguere Councillor Mark Widner Councillor Jack Couckuyt Councillor Andrew Sloan Councillor Todd Noble Councillor Mike Hentz Councillor Richard Leatham Staff Present: Don Shropshire, Chief Administrative Officer/Clerk Nicholas Loeb, Director of Legal Services Amy Thomson, Director of Human Resources Jennifer Ford, Director of Financial Services/Treasurer Stephen Gibson, General Counsel Jenna Fentie, Manager of Administrative Services/Deputy Clerk Mike Hoogstra, Manager of Purchasing and Risk Peter Dutchak, Manager of Transportation Ryan Terpstra, Manager of Corporate Facilities Paul Hicks, Acting Manager of Planning (virtual) Andrew Case, Solicitor (virtual) Paul Clarke, Planning Technician and Secretary Treasurer of the Land Division Committee Stefanie Heide, Legislative Services Coordinator Sarah Savoie, Accessibility Coordinator (virtual) 1. CALL TO ORDER The meeting was called to order at 9:00 am with Warden Ketchabaw in the chair. Warden Ketchabaw welcomed interim Chief Administrative Officer/Clerk Don Shropshire. Warden Ketchabaw thanked Stephen Gibson for his support as Acting Chief Administrative Officer. 2. ADOPTION OF MINUTES Moved by: Councillor Hentz Seconded by: Councillor Sloan RESOLVED THAT the minutes of the meetings held on May 23, 2023 and June 8, 2023 be adopted. Motion Carried. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 2 •0 4. PRESENTING PETITIONS, PRESENTATIONS AND DELEGATIONS 0� 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 May 2023 Warden Ketchabaw presented the report detailing the meetings and events he attended during the month of May 2023. Moved by: Councillor Leatham Seconded by: Councillor Noble RESOLVED THAT the report titled "Warden's Activity Report May 2023" dated June 5, 2023 from Warden Ketchabaw be received and filed. Motion Carried. 6.2 Accessibility Coordinator - Joint Annual Accessibility Status Report 2022 The Accessibility Coordinator presented the Joint Annual Accessibility Status Report for Council's approval. Moved by: Councillor Couckuyt Seconded by: Deputy Warden Jones RESOLVED THAT the report titled "Joint Annual Accessibility Status Report 2022" dated June 13, 2023 from the Accessibility Coordinator be received and filed; and THAT Elgin County Council approve the Joint Annual Accessibility Status Report 2022. Motion Carried. 6.3 Accessibility Coordinator - Additions to Joint MYAP for Elgin County Heritage Centre The Accessibility Coordinator presented the report seeking County Council's approval to amend the Joint Multi -Year Accessibility Plan to include recommended amendments specific to the Heritage Centre. Moved by: Councillor Hentz Seconded by: Councillor Noble RESOLVED THAT Elgin County Council approve the amendments to the Elgin County and Local Municipal Partners' Joint Multi -Year Accessibility Plan 2021-2026 to include accessibility progress, goals, and timelines specific to the Elgin County Heritage Centre; and THAT the amendments be forwarded to Local Municipal Partner Councils to be approved and filed. Motion Carried. K 6.4 Manager of Procurement & Risk - Operation of the Elgin Manor Wastewater Treatment Plant - Elgin (County) / Ontario Clean Water Agency The Manager of Procurement & Risk presented the report recommending Council approve the extension of the current service arrangement with Ontario Clean Water Agency (OCWA) for the operation of the Elgin Manor Wastewater Treatment Plant. Moved by: Councillor Leatham Seconded by: Councillor Hentz RESOLVED THAT the report titled "Operation of the Elgin Manor Wastewater Treatment Plant - Elgin (County) / Ontario Clean Water Agency" dated May 30, 2023 from the Manager of Procurement & Risk be received and filed; and THAT staff be authorized to extend the current service arrangement with Ontario Clean Water Agency for the operation of the Elgin Manor Wastewater Treatment Plant for the six-month term commencing July 1, 2023, and ending December 31, 2023; and THAT the Chief Administrative Officer be authorized to sign a change order with Ontario Clean Water Agency to implement the said extension of service agreement. Motion Carried. 6.5 Manager of Corporate Facilities - Humidifier Replacement at Bobier Villa - Contract Award The Manager of Corporate Facilities presented the report recommending that 9079653 Canada Corporation o/a Combustion Techs be selected for the Humidifier Replacement Project at Bobier Villa. Moved by: Councillor Noble Seconded by: Councillor Couckuyt RESOLVED THAT 9079653 Canada Corporation o/a Combustion Techs be selected for the Humidifier Replacement Project at Bobier Villa, Contract No. 2023-Q23 at a total price of $72,888.00 exclusive of H.S.T.; and THAT the additional funding required be reallocated as detailed in the staff report; and THAT the Warden and Chief Administrative Officer be directed and authorized to sign the contract. Motion Carried. 6.6 Manager of Transportation Services - Village of Vienna Speed Limit The Manager of Transportation Services presented the report recommending an amendment to the County's reduced speed zone by-law to include a 60km/hr reduced speed zone on County Road 19. Moved by: Councillor Noble Seconded by: Councillor Sloan RESOLVED THAT the report titled "Village of Vienna Speed Limit" dated May 25, 2023 from the Manager of Transportation Services be received and filed; and THAT the Reduced Speed Zone By -Law, Schedule C, be amended as follows: 3 - County Road 19, section C, from 755 metres south of the north property line of Light Line to 200 metres north of the north property line of Light Line. Motion Carried. 6.7 Manager of Transportation Services - Imperial Road and Ron McNeil Line - Status Update The Manager of Transportation Services presented the report that provides an update on the intersection of Imperial Road (CR 73) at Ron McNeil Line (CR 52) and the progress of the County's Transportation Master Plan. Moved by: Councillor Widner Seconded by: Deputy Warden Jones RESOLVED THAT the report titled "Imperial Road and Ron McNeil Line - Status Update" dated June 5, 2023 from the Manager of Transportation Services be received and filed. Motion Carried. 6.8 Director of Financial Services/Treasurer - 2022 Annual Report for Investments The Director of Financial Services/Treasurer presented the report detailing the 2022 investment activities. Moved by: Councillor Sloan Seconded by: Councillor Noble RESOLVED THAT the report titled "2022 Annual Report for Investments" dated June 5, 2023 from the Director of Financial Services/Treasurer be received and filed. Motion Carried. 6.9 Director of Financial Services/Treasurer - 2023 Borrowing By -Law The Director of Financial Services/Treasurer presented the report recommending Council authorize a borrowing by-law to support the maintenance of the County's credit facility annually in order to provide business continuity. Moved by: Councillor Leatham Seconded by: Councillor Giguere RESOLVED THAT the report titled "2023 Borrowing By -Law" dated June 5, 2023 from the Director of Financial Services/Treasurer be received and filed; and THAT the Borrowing By -Law for 2023 be read for approval. Motion Carried. 6.10 Planning Technician and Secretary Treasurer of the Land Division Committee - Agricultural Impacts from Proposed Agricultural Lot Creation Changes to the Provincial Policy Statement The Planning Technician and Secretary Treasurer of the Land Division Committee presented the report detailing the potential impacts of new residential lot creation on existing farm operations in Elgin County. CI Moved by: Councillor Leatham Seconded by: Deputy Warden Jones RESOLVED THAT the report titled "Agricultural Impacts from Proposed Agricultural Lot Creation Changes to the Provincial Policy Statement" dated June 13, 2023 from the Planning Technician and the GIS Technician be received and filed. Motion Carried. 6.11 Acting Manager of Planning - Draft Plan Approval for Draft Plan of Subdivision, File No. 34T-CE2102 The Acting Manager of Planning presented the report that provides Council with the information required to consider granting approval to the draft plan of subdivision submitted by Strik Baldinelli Moniz on behalf of James Glover, File No. 34T-CE2102. Moved by: Councillor Sloan Seconded by: Councillor Noble RESOLVED THAT the Council of the Corporation of the County of Elgin grants draft plan approval to Draft Plan of Subdivision submitted by Strik Baldinelli Moniz on behalf of James Glover and dated August 4, 2022; 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. 6.12 Acting Manager of Planning - Revised Exemption from Draft Plan Approval for Plan of Condominium, File No. 34CD-CE2202 The Acting Manager of Planning presented the report that provides Council with the information required to consider issuing final approval to the plan of condominium submitted by CJDL Engineering, File No. 34CD- CE2002. Moved by: Councillor Sloan Seconded by: Councillor Hentz RESOLVED THAT the Council of the Corporation of the County of Elgin grants, in accordance with Section 9 of the Condominium Act, an exemption to draft plan approval for a draft plan of a phased condominium on Block 65, Plan 11M-241, Part of Lot 1, Concession 1, Geographic Village of Port Stanley, Municipality of Central Elgin for lands contained in Block 65 for the development of a further 16 units; and THAT staff be directed to prepare and issue a certificate of exemption, and sign and submit the final plans to the Land Registry Office in accordance with the requirements of the Planning Act and Condominium Act. Motion Carried. 6.13 Acting Manager of Planning - Municipality of Bayham Official Plan Amendment No. 31, File No. BA-OPA 1-23 The Acting Manager of Planning presented the report recommending that County Council approve Official Plan Amendment No. 31 to the Official Plan of the Municipality of Bayham. Moved by: Councillor Widner Seconded by: Councillor Noble 61 RESOLVED THAT the Council of the Corporation of the County of Elgin approves, as modified, Official Plan Amendment No. 31 to the Official Plan of the Municipality of Bayham; and THAT staff be directed to provide notice of this decision in accordance with the requirements of the Planning Act. Motion Carried. 6.14 Acting Manager of Planning - Municipality of Bayham Official Plan Amendment No. 32, File No. BA OPA 2-23 The Acting Manager of Planning presented the report recommending that County Council approve Official Plan Amendment No. 32 to the Official Plan of the Municipality of Bayham. Moved by: Deputy Warden Jones Seconded by: Councillor Leatham RESOLVED THAT the Council of the Corporation of the County of Elgin deny the Official Plan Amendment No. 32 to the Official Plan of the Municipality of Bayham; and THAT staff be directed to provide notice of this decision in accordance with the requirements of the Planning Act. Defeated. Moved by: Councillor Giguere Seconded by: Councillor Noble RESOLVED THAT staff be directed to provide more information on Official Plan Amendment No. 32 to the Official Plan of the Municipality of Bayham for Council's consideration at a future meeting. Motion Carried. 6.15 Director of Legal Services - Delegation of Approval Authority The Director of Legal Services presented the report requesting that Council delegate authority for various planning approvals to the Director of Legal Services and the Chief Administrative Officer/Clerk in the absence of the officers of the corporation that already have such authority delegated to them. Moved by: Councillor Leatham Seconded by: Councillor Sloan RESOLVED THAT the report titled "Delegation of Approval Authority" dated June 8, 2023 from the Director of Legal Services be received and filed; and THAT County Council pass By -Law No. 23-29 to delegate various planning authority, as set out therein, to the Director of Legal Services and the Chief Administrative Officer/Clerk, in the absence of the Manager of Planning and General Manager of Engineering, Planning and Enterprise/Deputy CAO. Motion Carried. 6.16 General Counsel - Elgin / Hawthorne - Approval of Commercial Lease - Elgin County Administration Building (Suite 345-1) The General Counsel presented the report informing Council that consensus has been reached with Carol Hawthorne, carrying on business Al as "Clinical Associates" as to the terms of a new one-year commercial lease for Suite 345-1 in the Elgin County Administration Building. Moved by: Councillor Hentz Seconded by: Councillor Noble RESOLVED THAT the report titled "Elgin / Hawthorne - Approval of Commercial Lease - Elgin County Administration Building (Suites 345-1)" dated June 6, 2023 from the General Counsel be received and filed; and THAT Elgin County Council approve a new commercial Lease Agreement between Carol Hawthorne, carrying on business as "Clinical Associates", and Elgin County in relation to Suite 345-1 in the County Administration Building at 450 Sunset Drive, St. Thomas, Ontario, such Lease Agreement to provide for, amongst other terms, a one-year Term commencing May 1, 2023, and annual rent of $4,360.80; and THAT Elgin County Council authorize the Warden and Chief Administrative Officer to execute the said Lease Agreement. Motion Carried. 7. COUNCIL CORRESPONDENCE 7.1 Items for Consideration 7.1.1 Letter from Darlene Smith, OAPSB Zone 6 Chair requesting Council's approval of the appointment of Carolyn Krahn to the position of OAPSB Zone 6 Secretary Treasurer Moved by: Councillor Sloan Seconded by: Councillor Couckuyt RESOLVED THAT Elgin County Council support the appointment of Carolyn Krahn to the position of Secretary Treasurer for the Ontario Association of Police Services Boards (OAPSB) Zone 6. Motion Carried. 7.2 Items for Information (Consent Agenda) Moved by: Deputy Warden Jones Seconded by: Councillor Leatham RESOLVED THAT Correspondence Items 7.2.1 - 7.2.6 be received and filed; and - THAT County Council support the resolution from the Township of Puslinch urging relevant taxation bodies to reinstate previous legislation that permitted a municipality to apply for and retain the surplus proceeds from a tax sale in their jurisdiction. Motion Carried. 7.2.1 Article from The Globe and Mail titled "Meet the collector with hundreds of vintage bicycles", highlighting the Elgin County Heritage Centre's current exhibit. 7.2.2 Resolution from the Corporation of the Town of Fort Erie - Urging the Province to Pause Proposed New Provincial Planning Statement (PPS) 7.2.3 Town of Evanturel resolution supporting Bill 5 - Stopping Harassment and Abuse by Local Leaders Act 7 7.2.4 Letter from Elgin Federation of Agriculture regarding Helping Homebuyers, Protecting Tenants Act & the Proposed 2023 Provincial Policy Statement 7.2.5 Resolution from the Corporation of the Town of Fort Erie supporting the City of Cambridge's resolution regarding Highway Traffic Act Amendments 7.2.6 Resolution from the Township of Puslinch urging relevant taxation bodies to reinstate previous legislation that permitted a municipality to apply for and retain the surplus proceeds from a tax sale in their jurisdiction 8. OTHER BUSINESS 8.1 Statements/Inquiries by Members None. 8.2 Notice of Motion ►L"M 8.3 Matters of Urgency 8.3.1 Request for Volkswagen Plant Contract Negotiations Update Councillor Sloan requested an update on the Elgin County Volkswagen Plant negotiations. Warden Ketchabaw noted that with the assistance of the County Solicitor, correspondence was prepared and sent to the Minister inquiring as to where Elgin's place was in the negotiations, stating that as an independent tax authority that we have interest in the negotiations. The Warden has been contacted by the Provincial Facilitator to set up a meeting to discuss. The Warden advised that we currently do not have a place at the negotiation table yet. Councillor Giguere requested regular updates to County Council in order to discuss Council's strategy going into the conversations. Warden Ketchabaw suggested adding a closed session meeting item on the next Council agenda for an update and discussion. 9. CLOSED MEETING ITEMS Moved by: Councillor Sloan 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 - Human Resources Update (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. Closed Meeting Item #2 - Advice re Personnel Matter (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 Human Resources - Human Resources Update 9.2 Director of Legal Services - Advice re Personnel Matter 10. MOTION TO RISE AND REPORT Moved by: Deputy Warden Jones Seconded by: Councillor Noble RESOLVED THAT we do now rise and report. Motion Carried. Closed Meeting Item #1 - Human Resources Update Moved by: Councillor Widner Seconded by: Councillor Leatham RESOLVED THAT the confidential report from the Director of Human Resources be received for information. Motion Carried. Closed Meeting Item #2 - Advice re Personnel Matter Moved by: Councillor Sloan Seconded by: Councillor Couckuyt RESOLVED THAT the confidential report from the Director of Legal Services be received for information. Motion Carried. 11. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE WHOLE Moved by: Councillor Sloan Seconded by: Councillor Giguere RESOLVED THAT we do now adopt recommendations of the Committee of the Whole. Motion Carried. 12. CONSIDERATION OF BY-LAWS 12.1 By -Law No. 23-27 Speed Zone Amendment 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 Noble RESOLVED THAT By -Law No. 23-27 be now read a first, second, and third time and finally passed. Motion Carried. 12.2 By -Law No. 23-28 Borrowing By -Law BEING a By -Law to Authorize the Warden and Treasurer to Borrow from Time to Time to Meet Current Expenditures during the Fiscal Year Ending December 31, 2023. Moved by: Councillor Leatham Seconded by: Councillor Sloan RESOLVED THAT By -Law No. 23-28 be now read a first, second, and third time and finally passed. Motion Carried. 9 12.3 By -Law No. 23-29 Delegation of Approval Authority BEING a By -Law to Delegate Certain Authorities Vested in the Council of the Corporation of the County of Elgin as the Approval Authority with Respect to Plans of Subdivision, Plans of Condominium and Part Lot Control By -Laws Pursuant to Section 22 and 51 of the Planning Act, to Officers of the Corporation of the County of Elgin and to Repeal By -Law No. 22-01. Moved by: Councillor Sloan Seconded by: Councillor Hentz RESOLVED THAT By -Law No. 23-29 be now read a first, second, and third time and finally passed. Motion Carried. 12.4 By -Law No. 23-30 Confirmation BEING a By -Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the June 13, 2023 Meeting. Moved by: Councillor Sloan Seconded by: Councillor Noble RESOLVED THAT By -Law No. 23-30 be now read a first, second, and third time and finally passed. Motion Carried. 13. ADJOURNMENT Moved by: Councillor Widner Seconded by: Councillor Couckuyt RESOLVED THAT we do now adjourn at 11:26 am to meet again on June 27, 2023 at 9:00 a.m. Motion Carried. DonTSr'ops ire, Chief Administrative Officer/Clerk. d Ketchabaw Warden. irs