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February 16, 2010 MinutesThe Elgin County Council met this day at the Administration Building, 450 Sunset Drive, St. Thomas, at 9:00 a.m., with all members present except Councillor Hofhuis (leave of absence). Warden Vowel in the Chair. Central Elgin councillor David Marr, appointed to Council as an alternate representative in place of Councillor Hofhuis, took the oath of office as administered by the Chief Administrative Officer/Clerk. Warden Vowel welcomed Councillor Marr. ADOPTION OF MINUTES Moved by Councillor McIntyre Seconded by Councillor Habkirk DELEGATION Moved by Councillor Marks Seconded by Councillor Acre COUNTY COUNCIL Tuesday, February 16, 2010 THAT the minutes of the meeting held on January 26, 2010, be adopted. Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. Sandra Datars-Bere, Director, St. Thomas-Elgin Ontario Works, presented the Social Assistance Service Provision report to council. She reported the caseload numbers for January, not included in the report, are 1,630. THAT the report titled "Social Assistance Service Provision" dated February 16, 2010 be received and filed. Moved by Councillor Mennill Seconded by Councillor Habkirk THAT we do now move into Committee Of The Whole Council. REPORTS Moved by Councillor McIntyre Seconded by Councillor Marks Carried. Carried. Evolution of the Harvest Conference IPM and Events Coordinator, Economic Development The IPM and Events Coordinator presented a report on the Evolution of the Harvest conference, to be hosted by the County at the New Sarum Diner on March 3, 2010, focusing on agricultural innovation. THAT the report titled "Evolution of the Harvest Conference" dated January 29, 2010 be received and filed. Carried. County Council 2 February 16, 2010 EDCO Award Marketing' and Communications Coordinator, Economic Development The Marketing and Communications Coordinator presented a report on the Economic Developers Council of Ontario (EDCO) award. It was awarded to the County of Elgin for product development and strategic plans. In addition, the County was a finalist in the internal e-update category. Councillor Wilson asked staff for periodic updates on job creation. It was noted an annual report by this County department would be available in a few weeks. Moved by Councillor McIntyre Seconded by Councillor Marks THAT the report titled "EDCO Awards" dated February 8, 2010 be received and filed. Carried. Labour Force Development Strategy General Manager of Economic Development The General Manager, Economic Development presented a report on the Elgin Labour Force Development Strategy. The Strategy will be presented February 26, 2010 at Elgin Mall community room. Council was invited to attend. Moved by Councillor Mennill Seconded by Councillor Habkirk THAT the report titled "Labour Force Development Strategy" dated February 10, 2010 be received and filed. Carried. Elgin County Official Plan Preliminary Work Plan Manager of Planning The Manager of Planning presented the next steps and schedule in developing the Official Plan. Moved by Councillor Habkirk Seconded by Councillor Marr THAT the report titled "Elgin County Official Plan Preliminary Work Plan" dated February 2, 2010 be received and filed; and, THAT three members of County Council be appointed to a steering committee for the County Official Plan Program, preferably representing eastern, central and western Elgin County; and, THAT County Council direct the Manager of Planning to carry out the following: meet with local municipal councils to review the preliminary work plan; request local councils to put forward names of community-minded individuals to take part in the public focus group(s); seek volunteers from various ministries and agencies, including local municipal staff, to sit on a technical committee for the County Official Plan Program; and, THAT a draft detailed Terms of Reference for the hiring of a consultant to prepare the County of Elgin Official Plan, in consultation with the county's purchasing officer and staff from the Ministry of Municipal Affairs and Housing office in London, be prepared; and, THAT the Manager of Planning report back to Council on the above prior to seeking direction of engaging a planning consultant to carry out the Elgin County Official Plan project. Carried. County Council 3 February 16, 2010 Moved by Councillor Acre Seconded by Councillor Marks THAT the Mayor of Malahide, the Deputy Mayor or Alternate of Central Elgin, and the Mayor of West Elgin be appointed to the Official Plan steering committee. Carried. Defining Roles in the Procurement Process Purchasing Coordinator The purchasing coordinator presented the report outlining revisions. Moved by Councillor Habkirk Seconded by Councillor Warwick THAT the County's Procurement policy be revised where appropriate to effect the changes recommended in the report titled Defining Roles in the Procurement Process by adding: 2.0 PURCHASING RESPONSIBILITIES/AUTHORITY 2.1 To protect Council and the integrity of the Procurement process, the procurement process will be free from political influence or interference. Council will appoint staff to ensure the procurement process remains open, fair and transparent. Carried. Council recessed at 9:50 a.m. for a break and reconvened at 10:05 a.m. DELEGATION Nitin Verma, Forest Pest Emergency Specialist, with Mary Orr, Senior Forest Pest Specialist, Ontario area, Canadian Inspection and Food Agency (CIFA) also in attendance, presented an update on the emerald ash borer (EAB) in Elgin County. The County Tree Commissioner asked for: an update on movement of the EAB in Elgin, if a survey was underway, and had strategy been developed. It was confirmed the presence of the EAB in two areas. The CFIA recommended that surveys be conducted locally. The CFIA indicated they were focused on county-wide strategy, not at the municipal level. It was noted the EAB is having an economic impact in the County on the sale of firewood. Council expressed its displeasure at the length of time it took for the CFIA to report and the lack of assistance provided. Moved by Councillor Habkirk Seconded by Councillor Acre THAT the report "Emerald Ash Borer Update" dated February 16, 2010, from the Forest Pest Emergency Specialist, and Senior Forest Pest Specialist, Ontario area, Canadian Inspection and Food Agency, (CIFA), be received and filed. Carried. Annual Benefit Renewal 2010 Director of Human Resources The Director of Human Resources presented the renewal rates. Moved by Councillor McIntyre Seconded by Councillor Marr THAT County Council approve the negotiated renewal rate adjustments with Manulife Financial for the County of Elgin and the Elgin Member Municipalities, effective March 1, 2010. Carried. County Council 4 February 16, 2010 Municipal Engineers Association Book Donation Director of Community and Cultural Services The Director of Community and Cultural Services presented the copy of the book, The Story of Municipal Engineers in Ontario (2009), to council, noting references to engineering work done in Elgin County. Moved by Councillor Marks Seconded by Councillor Wilson THAT the Warden, on behalf of County Council, issue a letter of appreciation to the Municipal Engineers Association for donating the book Sharing With Pride: The Story of Municipal Engineers in Ontario (2009) citing specifically the County of Elgin's proud contributions to the book and the field. Provincial Funding Support for Elgin County Library Director of Community and Cultural Services The Director of Community and Cultural Services gave a presentation of the extensive funding received by the County libraries from the Province of Ontario. Moved by Councillor Warwick Seconded by Councillor McIntyre Carried. THAT the Warden issue a letter of appreciation to MPP Steve Peters and the Minister of Culture and related agencies to acknowledge the Government of Ontario's recent financial support to the Elgin County Library; and, THAT the Elgin County Library be authorized to enter into funding agreements where required to proceed with these projects. Carried. Support for Knowledge Ontario Director of Community and Cultural Services The Director of Community and Cultural Services presented a report on the work done by Knowledge Ontario, an arm's-length funding agency of the Provincial Government. Moved by Councillor Habkirk Seconded by Councillor Warwick THAT Elgin County Council, in its capacity as the Board of Directors for the Elgin County Library, values the programs delivered by Knowledge Ontario and supports Knowledge Ontario's request for sustainable funding from the Government of Ontario; and, THAT a letter communicating this support be sent to the Ontario Minister of Finance with copies to the Minister of Culture, MPP Steve Peters, Knowledge Ontario, and the Federation of Ontario Public Libraries. Dexter Line Environmental Assessment Amendments Director of Engineering Services The Director of Engineering presented a report on the Phase 2 of a Municipal Class Environmental Assessment planning process to address lakeshore erosion occurring west of Port Bruce along County Road 24 (Dexter Line). It was noted a public meeting might be considered in future, once updated funding information is received from the federal and provincial governments. Carried. County Council 5 February 16, 2010 Moved by Councillor Acre Seconded by Councillor Marks THAT the Dexter Line Environmental Assessment project alternatives be amended to include an alternate solution of relocating a section of Dexter Line without shoreline erosion protection, and; THAT the Dexter Line Environmental Assessment problem statement be revised to state the following: "The section of County Road 24 (Dexter Line) west of Port Bruce that is located near the Lake Erie shoreline (primarily Lots 1, 2 and 3, Concession 1, Township of Malahide; and Lots 24, 25, 26, 27, and 28, Concession 1, Municipality of Central Elgin) is subject to the hazards of shoreline erosion. A long term, cost effective solution is required that meet County of Elgin requirements and is consistent with the provisions of the Provincial Statement, 2005. The preferred solution should also be one that provides an access road to the Port Bruce community from the west, which does not cross Catfish Creek (which is subject to potential flooding). Preliminary studies indicate that the preferred solution will require the relocation of a portion of County Road 24 and or shoreline protection. Road relocation will need to include provisions for local property access to the new road, relocation of the Port Burwell Secondary Watermain (by others) and address the closure and disposition of the existing road section. Where shoreline protection is proposed, consideration is required to minimize any possible adverse environmental impacts. A permanent access route will be needed to construct and maintain all erosion protection structures, possibly requiring property or easement acquisition. The Municipal Class EA is limited to decisions for the County Road. While the ongoing erosion problems along the Lake Erie shoreline are very significant, the shoreline area is privately owned. The County of Elgin has no jurisdiction or authorization to address shoreline erosion, other than as needed to protect the County Road. In addition, the County of Elgin is not responsible for the relocation of existing utility services, such as the municipal watermain and electrical services that are within the County road allowance but not owned by the County of Elgin. However, the existing Port Burwell Secondary Watermain is critical infrastructure that serves many communities across eastern Elgin County and therefore should be considered while evaluating any solution." Carried. Property Evaluation and Security Assessment Building Sciences Technologist, and Director of Engineering Services The Building Sciences Technologist presented the results of a crime prevention property evaluation and security assessment carried out by the Elgin Detachment of the Ontario Provincial Police on the county's Administration Building, Terrace Lodge, Elgin Manor and Bobier Villa. The Director of Community and Cultural Services was asked to approach the Municipality of West Elgin to undertake installing a security system at Rodney Library. Moved by Councillor Mennill Seconded by Councillor Habkirk THAT the security improvements recommended for the County Administration Building at an estimated cost of $50,000 be allocated from the 2010 Capital Budget; and, THAT the security improvements recommended for Terrace Lodge at an estimated cost of $33,000 be allocated from the 2010 Capital Budget; and, THAT the security improvements recommended for Elgin Manor at an estimated cost of $8,000 be allocated from the 2010 Capital Program; and, THAT the security improvements recommended for Bobier Villa at an estimated cost of $18,000 be allocated from the 2010 Capital Program. Carried. County Council 6 February 16, 2010 Property Transfer: John Street, Aylmer Director of Engineering Services Moved by Councillor Habkirk Seconded by Councillor Marks THAT the report "Property Transfer: John Street, Aylmer" be deferred until the next County Council meeting on March 9, 2010 after the Town of Aylmer Council has reviewed the report. CORRESPONDENCE Items for Consideration Carried. 1. Dianne Wilson, Deputy Clerk, Municipality of Central Elgin, advising of the appointment of Mr. David Marr as an alternate County Councillor to serve in the absence of Mayor Sylvia Hofhuis. 2. Norman Genest, Program Manager, Plant Products, Canadian Food Inspection Agency, responding to the letter from Warden Warwick regarding the July 9, 2009 Ministerial Order "Emerald Ash Borer Infested Place Order for the Municipality of Chatham-Kent and the Counties of Elgin, Essex, Lambton and Middlesex, in the Province of Ontario". 3. Barbara L. Wilson, County Clerk, County of Huron, requesting support for the Huron Business Development Corporation's message to federal representatives regarding renewal of federal stimulus funding. 4. Association of Municipalities of Ontario with 2010 membership invoice of $6,487.30. 5. Lakeshore Group re: 0. Reg 359/09 Municipal Consultation for Proposal to Engage in a Renewable Energy Project. Moved by Councillor Habkirk Seconded by Councillor Marks THAT the appointment of Councillor David Marr to County Council while Mayor Sylvia Hofhuis is recuperating and on a leave of absence be supported. Moved by Councillor Habkirk Seconded by Councillor Marks THAT a letter outlining Council's concerns regarding Correspondence Item #2 be sent. Moved by Councillor Habkirk Seconded by Councillor Mennill Moved by Councillor Wilson Seconded by Councillor McIntyre Carried. Carried. THAT a letter be sent to the Finance Minister supporting the Canada-Ontario Infrastructure program regarding Correspondence Item #3. Carried. THAT Correspondence Item #4, the invoice from the Association of Municipalities of Ontario, be approved for funding. Carried. County Council 7 February 16, 2010 Moved by Councillor Habkirk Seconded by Councillor Acre THAT Correspondence Item #5 be received and filed. CORRESPONDENCE Items for Information (Consent Agenda) Carried. 1. CAMA with information on the 2010 Annual National Conference "Seizing Opportunities Action Through Leadership", May 31 to June 2, 2010, at the Fairmont Royal York, Toronto. 2. Elgin Group Police Services Board with copy of letter to: 1) Detachment Commander Ryan Cox, extending appreciation to the Elgin OPP Detachment for the efforts of the officers and staff. 2) OPP Commissioner Julian Fantino, extending congratulations to Elgin OPP Detective Paul Beesley and investigative team for the excellent work regarding the case of the Bandido homicides. 3. FCM Members' Advisory "New FCM Survey Shows Canadians want Federal Infrastructure Funding Protected as Government Reduces Deficit". 4. AMO with information and early bird registration form for the AMO annual conference, August 15-18, 2010, Caesars Windsor. Moved by Councillor Habkirk Seconded by Councillor Mennill THAT Correspondence Items #1 4 be received and filed. Carried. OTHER BUSINESS Statements/Inquiries by Members Councillor Habkirk expressed appreciation for the minutes from the recent county-wide meeting with municipal roads superintendents. Warden Vowel reported the Western Wardens' met recently. Notice of Motion None. Matters of Urgency None. Council took a break at 11:10 a.m. and reconvened at 11:30 a.m. Closed Meeting Items Moved by Councillor Marks Seconded by Councillor Wilson THAT Council move into closed session to consider identified items under the Municipal Act, Section 240.2(b) personal matters about an identifiable individual; Municipal Act, Section 240.2(c) a proposed or pending acquisition or disposition of land by the municipality or local board; Municipal Act, Section 240.2(d) labour relations or employee negotiations; Municipal Act, Section 240.2(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; Municipal Act, Section 240.2(f) advice that is subject to solicitor-client privilege County Council 8 February 16, 2010 The Director of Senior Services, Bobier Villa and Terrace Lodge, reported on the Terrace Lodge Hair Salon Contract Services under the Municipal Act, Section 240.2(d) labour relations or employee negotiations. Declaration of Conflict of Interest Regarding an item concerning 99 Edward Street, Councillors Marks and Wilson and Warden Vowel departed Council Chambers at 11:55 a.m., and refrained from discussing and voting on this item, as their participation may prejudice their position as Council appointees on the Board of Health. Councillor McIntyre in the Chair. Staff Direction The Director of Finance provided a verbal update on 99 Edward Street, St. Thomas, under the Municipal Act, Section 240.2(c) a proposed or pending acquisition or disposition of land by the municipality or local board, and was given staff direction on how to proceed. Motion to Rise and Report Moved by Councillor Mennill Seconded by Councillor Acre THAT Council now rise from committee of the whole Closed Meeting Agenda items without reporting. Recess Council recessed at 12:05 p.m. and reconvened at 12:45 p.m. Warden Vowel and Councillors Wilson and Marks returned to Chambers. Warden Vowel in the Chair. Closed Meeting Items Moved by Councillor Habkirk Seconded by Councillor Wilson THAT we now go into Closed Meeting Items session. Carried. The County Solicitor and Tree Commissioner were in attendance. Normal Farming Practices The County Solicitor made a verbal presentation on Normal Farming Practices under the Municipal Act, Section 240.2(f), advice that is subject to solicitor-client privilege. The County Solicitor was given staff direction regarding an issue affecting the application of the Normal Farm Practices as it applies to tree by-law infractions. Dutton-Dunwich Tree Bv-law Violations The County Solicitor made a verbal presentation on Tree By-law Violations under the Municipal Act, Section 240.2(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. The County Solicitor was given staff instruction to proceed regarding pending prosecution. The Tree Commissioner was excused from the meeting. Carried. County Council 9 February 16, 2010 Update on Sanitech The County Solicitor presented an updated report on Sanitech Discovery, under the Municipal Act, Section 240.2(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. Settlement terms were presented and agreed to by Council as staff direction to the County Solicitor. The County Solicitor presented a verbal presentation, under the Municipal Act, Section 240.2(b) personal matters about an identifiable individual, including municipal or local board employees, on a personal matter about an identified individual formerly associated with Bobier Villa. Council agreed with the advice provided by the County Solicitor on how to proceed. Staff direction was given. The County Solicitor was excused from the meeting. Motion to Rise and Report Moved by Councillor Habkirk Seconded by Councillor Marks THAT we do now rise and report. Carried. Motion to Adopt Recommendations from the Committee of the Whole Moved by Councillor Acre Seconded by Councillor Mennill THAT we accept recommendations coming out of the Committee of the Whole Carried. Moved by Councillor Habkirk Seconded by Councillor McIntyre THAT the confidential report titled "Terrace Lodge Hair Salon Contract Services" dated January 14, 2010 be received and filed. BY-LAWS Moved by Councillor Marks Seconded by Councillor Marr Moved by Councillor Marks Seconded by Councillor McIntyre Carried. THAT By-Law No 10-03 "A By-Law to Amend By-Law No. 05-35 Being a By-Law to Authorize Speed Limits" be read a first, second and third time and finally passed, Carried. THAT By-Law No. 10-04 "Being a By-Law to Amend By-Law 08-31 Designating a Community Safety Zone on County Roads" be read a first, second and third time and finally passed. Carried. County Council 10 February 16, 2010 Moved by Councillor Acre Seconded by Councillor Warwick THAT By-Law No. 10-05 "Being a By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the February 16, 2010 Meeting" be read a first, second and third time and finally passed. ADJOURNMENT Moved by Councillor Marks Seconded by Councillor McIntyre Carried. THAT we do now adjourn at 1:18 p.m. to meet again on March 9, 2010 at 9:00 a.m. Carried. i f/ /2../ Vowel, Chief Administrative Officer. Warden.