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July 24, 2012 Minutes (2)COUNTY COUNCIL MINUTES Tuesday, July 24, 2012 The Elgin County Council met this day at the Administration Building at 6:00 p.m. following dinner with all members present. (Regrets: Councillor Mennill, ill). Warden Walters in the Chair. ADOPTION OF MINUTES Moved by Councillor McIntyre Seconded by Councillor Jenkins THAT the minutes of the meeting held on June 26, 2012 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — None. Moved by Councillor Marr Seconded by Councillor Wiehle THAT we do now move into Committee Of The Whole Council. - Carried. REPORTS International Plowing Match (IPM) Legacy Agricultural Scholarship: 2012 Winners — Director of Community & Cultural Services The director gave a brief report on the selection of recipients for the scholarship and thanked the Warden and the IPM executive for their involvement in the project. PRESENTATIONS International Plowing Match (IPM) Legacy Agricultural Scholarship Recipients: The Warden introduced and thanked scholarship committee member Duncan McPhail, chairperson of the 2010 IPM, who emphasized the continuing involvement of the community in the legacy of the IPM. The Warden introduced and congratulated Kari Huras of Southwold Township and Patrick Butters of the Municipality of Central Elgin for being the first recipients of the IPM scholarships. Both gave a brief presentation regarding the future of agriculture, citing their essay submission to the Scholarship Adjudication Committee. Each then thanked the committee. Moved by Councillor McIntyre Seconded by Councillor McWilliam THAT the Warden and County Council acknowledge and congratulate Kari Huras of Southwold and Patrick Butters of Central Elgin as the 2012 winners of the International Plowing Match Legacy Agricultural Scholarship. - Carried. Dutton Ambulance Base Building Committee - Floor Plan — Councillor McWilliam Councillor McWilliam presented the plan for a new ambulance base to be built in the Dutton area. Moved by Councillor McWilliam Seconded by Councillor Ens THAT the floor plan for the new Dutton Ambulance Base be approved; and, County Council 2 July 24, 2012 THAT the report titled "Dutton Ambulance Base Building Committee - Floor Plan" dated July 18, 2012 be received and filed. - Carried. Influence of Full-Day Kindergarten on Library Programs — Library Supervisor The supervisor presented a report detailing the impact full-day kindergarten has on county libraries and the development of strategies and programs by the libraries to complement full-day kindergarten. Moved by Councillor Jenkins Seconded by Councillor Marr THAT the report titled "Influence of Full-Day Kindergarten on Library Programs" dated June 8, 2012 be received and filed. - Carried. Culture Days 2012: Author Visit — Library Supervisor The supervisor reported authors Maureen Jennings and Janet Bolin will participate in a special event in honour of Culture Days, September 29, 2012 at Aylmer Library, 6:30 p.m. Moved by Councillor Ens Seconded by Councillor Couckuyt THAT the report titled "Culture Days 2012: Author Visit" dated June 8, 2012 be received and filed. - Carried. Speed Zone and No Parking Amendment - Plains Baptist Church, Sparta Line at Fairview Road — Director of Engineering Services The director reported back to council on this issue, following a site meeting with church members, county staff and councillors. There was discussion regarding angle parking on county property. Moved by Councillor Marr Seconded by Councillor McIntyre THAT the existing speed zone by-law be amended to include a 60 km/hr reduced speed zone on Sparta Line (County Road #27) from 70 meters east of the south-west limit westerly 259 meters; and, THAT the existing parking by-law be amended to include a no parking zone (on the south-west corner of Sparta Line and Fairview Road) 70 meters long that begins 58 meters west of the north-west property limit and proceeds easterly 70 meters; and, THAT staff report back to council on ways and means to transfer through a one-year lease agreement the section of road allowance on the north-west portion for the church's use as additional parking. THAT the OPP be notified of the establishment of this reduced speed zone and no parking restriction. - Carried. New Road Maintenance Agreement — Deputy Director of Engineering Services The deputy director presented a report on the agreement, providing a summary of funding, new rates, scope of service, and major maintenance activities, among other items. Individual draft agreements for each municipality were circulated to council. County Council Moved by Councillor Mc William Seconded by Councillor Ens THAT the County Road Maintenance Agreements be approved in principle; and, THAT the agreement be circulated to municipal councils requesting that comments be received no later than September 28, 2012. 3 July 24, 2012 - Carried. Recess: PUBLIC MEETING OF PROPOSED OFFICIAL PLAN (separate agenda). Moved by Councillor McIntyre Seconded by Councillor Jenkins THAT we do now recess at 6:58 p.m. in order to hold the public meeting of the proposed Official Plan. - Carried. The Warden called the public meeting to order and outlined the purpose of the public meeting. The Clerk confirmed that notice of the public meeting of the proposed Official Plan was provided in accordance with Section 17 of the Planning Act of Ontario regulation 543/06 and that additional letters from the Municipality of Bayham and the Municipality of Dutton/Dunwich were received and available to the public. Staff's response to the letters and a revised recommendation were also circulated. Delegation Nick McDonald and Mark Stone of Meridian Planning Consultants Inc. were in attendance. Mr. Stone presented a PowerPoint on the County of Elgin Official Plan, reviewing the proposed modifications to the plan and recognizing the St. Thomas Airport property. Comments from the Public — None. Comments from County Council Councillor Ens requested the opportunity to take the County's response to Bayham's correspondence back to their municipality's consultants for review. The Manager of Planning responded and outlined the County's response to correspondence received from the municipalities of Bayham and Dutton/Dunwich. Councillor McWilliam addressed the concerns expressed in the Municipality of Dutton/Dunwich correspondence. He requested the opportunity to take the County's response correspondence back to their municipality for review. The Manager of Planning responded to the concerns expressed in the correspondence. Councillor Couckuyt reported the Highway 3 By-Pass had not been defined as detrimental to the development along the corridor in the Official Plan. The Manager of Planning responded that the Province of Ontario has been asked to undertake an assessment study to determine that this corridor is not required, based on volume and other criteria. Correspondence 1. The correspondence from Nick McDonald and Mark Stone of Meridian Planning Consultants Inc., regarding the presentation of the proposed Official Plan at the public meeting in accordance with the Planning Act was received as information. County Council Moved by Councillor Marr Seconded by Councillor Jenkins 4 July 24, 2012 THAT we do now adjourn the public meeting on the proposed Official Plan at 8:00 p.m. and resume the Elgin County Council meeting. - Carried. The meeting recessed for 10 minutes. Moved by Councillor Wiehle Seconded by Councillor Ens THAT we do now move into Committee of the Whole Council. - Carried. REPORTS Statutory Public Meeting for the Elgin County Official Plan: Next Steps in the Approval Process — Manager of Planning The manager presented the report outlining the next steps for final approval of the Official Plan. Moved by Councillor Wiehle Seconded by Councillor Couckuyt THAT the report titled "Statutory Public Meeting for the Elgin County Official Plan: Next Steps in the Approval Process" dated July 17, 2012 be received and filed. - Carried. Elgin County Official Plan: Adoption by County Council — Manager of Planning The manager presented the report requesting Council adopt the Official Plan. There was considerable discussion regarding a deferral. Moved by Councillor Marr Seconded by Councillor Wiehle THAT the report titled "Elgin County Official Plan: Adoption by County Council" dated July 17, 2012 be received and filed; and, THAT Elgin County Council adopt the Official Plan of the County of Elgin as modified by the attached policies to Section E5.5 for the St. Thomas Airport and area employment lands; and, THAT the Official Plan be further modified by the recommendations (attached) in response to the concerns expressed in the letters received from the Municipalities of Bayham and Dutton/ Dunwich (both dated July 23, 2012) attached; and, THAT Elgin County Council submit the Official Plan to the Minister of Municipal Affairs and Housing as amended for approval. - Carried. Joseph Street, Port Stanley: Tender Pre-Approval — Deputy Director of Engineering Services The deputy director presented the report for a capital project for reconstruction of storm sewers. Moved by Councillor Marr Seconded by Councillor McIntyre THAT staff is authorized to award the Joseph Street, Port Stanley reconstruction tender to the lowest bidder provided that the awarded price is within the budget allocation; and, County Council 5 July 24, 2012 THAT the Warden and Chief Administrative Officer be authorized to enter into an agreement with the lowest bidder for the Joseph Street, Port Stanley reconstruction tender, Contract No. 6220- 12 -03. - Carried. Surge Learning: Online Training — Director of Homes and Seniors Services The director presented the report outlining mandatory training programs for staff at the Homes. Moved by Councillor Jenkins Seconded by Councillor Couckuyt THAT the report titled "Surge Learning: Online Training" dated July 12, 2012 be received and filed. - Carried. Policy on Fragrances and Scented Products (New) — Director of Homes and Seniors Services The director presented the report, recommending a new policy to ensure a healthy work environment for staff and residents in the Homes. Moved by Councillor Marr Seconded by Councillor Jenkins THAT Council approve the policy for implementation in the Homes; and, THAT the report titled "Policy on Fragrances and Scented Products (New)" dated July 9, 2012 be received and filed. - Carried. Complementar and Alternative Medicine Therapies Policy: Final Document — Director of Homes and Seniors Services The director presented the document, noting that it had been circulated and advertised for public consultation. Moved by Councillor Marr Seconded by Councillor McIntyre THAT the policy titled "Complementary and Alternative (Medicine)Therapies" dated July 16, 2012 be approved for immediate implementation. - Carried. Medical Student Scholarship Program through the Health Recruitment Partnership — Chief Administrative Officer The Chief Administrative Officer presented a report outlining a new scholarship as a way of attracting medical talent to the community. Moved by Councillor McIntyre Seconded by Councillor McWilliam THAT the Medical Student Scholarship Program be approved; and, THAT the report titled "Medical Student Scholarship Program through the Health Recruitment Partnership" dated July 16, 2012 be received and filed. - Carried. County Council 6 July 24, 2012 Appointment of Integrity Commissioner — Chief Administrative Officer The Chief Administrative Officer reported that the appointment of an integrity officer was the next step in the implementation of the revised Code of Conduct for Council. Moved by Councillor Jenkins Seconded by Councillor Marr THAT John Maddox (JGM Consulting) be appointed as Integrity Commissioner according to the terms and conditions with the understanding that the County will absorb the retainer fees for each participating municipality; and, THAT each constituent municipality be requested to inform the County if they wish to appoint Mr. Maddox as their Integrity Commissioner; and, THAT the necessary by-law be prepared. - Carried. Memorandum of Understanding for Temporary Officer: Tree Commissioner — Chief Administrative Officer The Chief Administrative Officer presented the report on the shared services of a Tree Commissioner, when necessary, with the County of Middlesex. Moved by Councillor Ens Seconded by Councillor Marr THAT the Memorandum of Understanding between the County of Elgin and the County of Middlesex regarding Woodland Conservation services be approved for adoption; and, THAT the necessary by-law be prepared. - Carried. Future Changes to Ontario Municipal Employees Retirement System — Director of Human Resources The director presented the reporting outlining a three-year contribution rate increase for members and employers. Moved by Councillor Wiehle Seconded by Councillor Couckuyt THAT the report titled "Future Changes to the Ontario Municipal Employees Retirement System" dated July 9, 2012 be received and filed. - Carried. CORRESPONDENCE Items for Consideration 1. Dennis Travale, Mayor, Norfolk County with petition to support Bill 11 — a Bill to establish the South Western Ontario Development Fund: a) Email from Dennis Travale responding to Toby Barrett's comments - July 6, 2012. b) Beverley Wood, Clerk/Manager of Council Services, County of Norfolk requesting Support for Bill 11. 2. The Port of Entry Project presentation by Jack Baribeau of Elgin Innovation Centre to councils in Aylmer and Bayham: motions from the Town of Aylmer and the Municipality of Bayham (addendum sent out July 23, 2012 to council). County Council 7 The following recommendation was adopted on regard to Correspondence Item #1: Moved by Councillor Couckuyt Seconded by Councillor McIntyre THAT Correspondence Item #1 be received and filed. July 24, 2012 - Carried. The following recommendation was adopted in regard to Correspondence Item #2: Moved by Councillor Couckuyt Seconded by Councillor Ens THAT the County of Elgin supports the resolutions from the Municipality of Bayham and the Town of Aylmer regarding the proposed Port of Entry project; and, THAT the correspondence be received and filed. - Carried. Items for Information (Consent Agenda) 1. Bill Walters, Warden, County of Elgin and Heather Jackson, Mayor, City of St. Thomas with copy of correspondence expressing concern to: a) Premier McGuinty regarding the municipal ability to access and communicate with the Ministers. b) Hon. John Milloy, Minister of Community and Social Services regarding the proposed closing of the ODSP Office in St. Thomas. 2. Norm Gale, President, Ontario Association of Paramedic Chiefs (OAPC) informing Council of the Association of Municipal Emergency Medical Services of Ontario (AMEMSO) name change. 3. Paul Bode, STEGH Board of Governors Financial Consultant, responding to issues regarding City of St. Thomas' appointment to the STEGH Board of Governors. 4. Beverley Wood, Clerk /Manager of Council Services, County of Norfolk advising Council of their resolution regarding policing costs and service levels and delivery methods. 5. Eric McSweeney, President, McSweeney and Associates with a report to South Central Ontario Region Economic Development Corporation (SCOR) with SCOR EDC strategic review Initial Agricultural Data. 6. Hon. Gary Goodyear, Minister of State (Federal Economic Development Agency for Southern Ontario) announcing launch of new Community Infrastructure Improvement Fund (CIIF). 7. Ottawa Citizen article titled The memory keeper's dilemma'. 8. Invitation to re- scheduled MP & MPP Luncheon on Tuesday, August 14, 2012. 9. Karen Leibovici, President, Federation of Canadian Municipalities with an update on FCM's activities. 10. Pat Madill, Regional Clerk, The Regional Municipality of Durham advising Council of their endorsement of POA — Unpaid Fines: A Billion Dollar Problem Recommendations. 11. Patricia Li, Assistant Deputy Minister, Ministry of Health and Long -Term Care with information regarding the land ambulance grant for the 50:50 partnership for the 2012 calendar year. 12. Deborra Crawford, Executive Assistant, Corporate Services Department, Municipality of Grey Highlands advising Council of their resolution regarding the reimbursement of legal funds relating to the Green Energy Act and the loss of control of road allowances. County Council 8 July 24, 2012 13. Thank you from the Family of Paul Ens. 14. Correspondence regarding additional information on the Provincial Compensation Framework which was announced in the 2012 Ontario Budget from Ministers Saad Rafi, Deputy Minister, Ministry of Health and Long Term Care; Kathleen Wynne, Minister, Ministry of Municipal Affairs and Housing; and Dwight Duncan, Minister of Finance. In regard to Correspondence Item #1: The Warden indicated he was disappointed responses to meeting requests were not forthcoming from Ontario Ministers. The Warden informed Council that a Town Hall meeting will be held by the City of St. Thomas on August 2, 2012 at 2:00 p.m. St. Thomas Seniors' Centre, regarding the announced closure of the ODSP office in St. Thomas to allow the public and those impacted to have input on the closure. The following recommendation was adopted in regard to Correspondence Item #12: Moved by Councillor Jenkins Seconded by Councillor Wiehle THAT Elgin County Council support the resolution from Grey Highlands regarding the reimbursement of legal funds relating to the Green Energy Act and the loss of control of road allowances. - Carried. Moved by Councillor McIntyre Seconded by Councillor Ens THAT Correspondence Items #1 - 11 and #13 - 14 be received and filed. - Carried. OTHER BUSINESS Statements /Inquiries by Members Councillor McIntyre reported Southwold Township Council has struck an advisory committee on the future of the Shedden Library and thanked county staff for their participation and advice. He also made council aware of a performance by the RCMP musical ride at the Keystone Complex, September 6, 2012. Notice of Motion - None Matters of Urgency - None Closed Meeting Items Moved by Councillor Jenkins Seconded by Councillor McIntyre THAT we do now proceed into closed meeting session in accordance with the Municipal Act to discuss matters under Section 240.2 (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board — Tree By -Law Prosecution; Section 240 2 (d) labour relations or employee negotiations — Labour Relations Matter: Seeking Mandate for Collective Bargaining with Ontario Nurses' Association; Section 240.2 (a) the security of the property of the municipality or local board — Lease of Temporary Library Space in Straffordville; Section 240.2 (a) the security of the property of the municipality or local board Mervin Riddell: Lease; Section 240.2 (b) personal matters about an identifiable individual, including municipal or local board employees — Staffing Issues. - Carried. The Tree Commissioner presented the report on Tree By -Law Prosecution. The Director of Human Resources presented the report on the Ontario Nurses' Association. County Council 9 July 24, 2012 The Director of Community and Cultural Services presented the report on library space. The Director of Engineering Services presented the report on the lease. The Director of Homes and Seniors Services presented a verbal report on staffing issues. Moved by Councillor Wiehle Seconded by Councillor Mcintyre THAT we do now rise and report. - Carried. Moved by Councillor Marr Seconded by Councillor Couckuyt THAT the report titled "Tree Clearing in Township of Southwold" dated July 9, 2012 regarding a Woodland Conservation By -law enforcement matter be received and filed. - Carried. Moved by Councillor Wiehle Seconded by Councillor Jenkins THAT staff direction was given in regard to the confidential Ontario Nurses' Association report regarding a bargaining mandate. - Carried. Moved by Councillor McIntyre Seconded by Councillor Jenkins THAT Elgin County Library be authorized to enter into a temporary agreement with Sandytown Development Ltd., for lease of the building located at 9254 Plank Road, Unit 3, Straffordville from August 29, 2012 to October 3, 2012 subject to the conditions outlined in this report in order to facilitate renovations to the library's permanent location; and, THAT the lease agreement only be issued upon confirmation of the Municipality of Bayham's approval of the tender for construction; and, THAT staff be pre- authorized to extend this agreement if necessary subject to construction timelines; and, THAT the public be notified that the Straffordville Library will be operating in a temporary location at 9254 Plank Road, Unit 3 for the entire month of September 2012 with further extensions subject to construction timelines and with limited services to be provided, including public computer access and pick -up of reserved items. - Carried. Moved by Councillor Jenkins Seconded by Councillor Couckuyt THAT the Warden and Chief Administrative Officer be authorized and directed to sign a lease agreement with Mervin Riddell for Rooms #225 and #227; and, THAT the lease begin on August 1, 2012 for a lease rate of $14.55 sq /ft for year one ($7,842.45 annual payment) and $14.85 per sq /ft for nine months, year two ($6,003.18 for nine months) plus the HST. - Carried. In regard to the confidential verbal staffing issue, it was noted an update to council had been provided by the Director of Homes and Seniors Services. County Council 10 Motion to Adopt Recommendations of the Committee of the Whole Moved by Councillor Marr Seconded by Councillor Mc William THAT we do now adopt recommendations of the Committee Of The Whole. - Carried. BY-LAWS Moved by Councillor Marr Seconded by Councillor Wiehle July 24, 2012 THAT By-Law No. 12-17 "Being a By-Law to Adopt an Official Plan" be read a first, second and third time and finally passed. - Carried. Moved by Councillor Jenkins Seconded by Councillor Couckuyt THAT By-Law No. 12-18 "Being a By-Law to Authorize an Agreement with the County of Middlesex for the Delivery of Tree Commissioner and Weed Inspector Responsibilities by a Temporary Officer" be read a first, second and third time and finally passed. - Carried. Moved by Councillor McIntyre Seconded by Councillor Jenkins THAT By-Law No. 12-19 "Being a By-Law to Adopt a Code of Conduct Policy for Council to Promote Accountability and Transparency in Municipal Governance" be read a first, second and third time and finally passed. - Carried. Moved by Councillor Couckuyt Seconded by Councillor Marr THAT By-Law No. 12-20 "Being a By-Law to Appoint JGM Consulting as the Integrity Commissioner for the County of Elgin Pursuant to Sections 9, 10, 11 and 223.3 of the Municipal Act, 2001, S.O. 2001, C.25, as Amended" be read a first, second and third time and finally passed. - Carried. Moved by Councillor McIntyre Seconded by Councillor Ens THAT By-Law No. 12-21 "Being a By-Law to Approve a Complaint Form for Municipal Investigation of Code of Conduct by an Integrity Commissioner Pursuant to Section 223.3 of the Municipal Act, 2001, S.O. 2001, C.25, as Amended" be read a first, second and third time and finally passed. - Carried. Moved by Councillor Marr Seconded by Councillor Wiehle THAT By-Law No. 12-22 "Being a By-Law to Amend the Schedule to By-law No. EG1 (01-40), as Amended, Being a By-Law for the Regulation of Traffic" be read a first, second and third time and finally passed, as amended. - Carried. County Council Moved by Councillor McIntyre Seconded by Councillor Marr 11 July 24, 2012 THAT By-Law No. 12-23 "Being 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. Moved by Councillor Jenkins Seconded by Councillor Mc William THAT By-Law No. 12-24 "Being a By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the July 24, 2012 Meeting" be read a first, second and third time and finally passed. - Carried. ADJOURNMENT Moved by Councillor Couckuyt Seconded by Councillor Jenkins THAT we do now adjourn at 9:23 p.m. and meet again on September 11, 2012 at the County Administration Building Council Chambers at 9:00 a.m. - Carried. Mark Chief Administrative Officer. Bill Walters, Warden.