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February 18, 2002 Minutes COUNTY OF ELGIN Tuesday, February 18,2002 The Elgin County Council met this day at the Administration Building, at 1 :00 P.M. for a special meeting to discuss the discontinuance of the CASO rail line, with all members in attendance except Councillors McPhail (vacationing), and Mcintyre (vacationing). Warden Wilson in the Chair. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF- None. Moved by Councillor Rock Seconded by Councillor Stewart THAT we do now move into Committee Of The Whole Council. - Carried. A stakeholder meeting had been held in Tillsonburg on February 15th, attended by representatives from transportation, railway, Aylmer, Bayham, Elgin, Haldimand, Ingersoll, Niagara, Norfolk, Norwich, Oxford, St. Thomas and Woodstock, concerning CN's discontinuance of the CASO line. Council discussed issues with the discontinuance, some of which were: the right-of-way, utility corridor, liability and due diligence implications, environmental matters, the need for additional time to investigate the cost and viability of purchasing the line, as well as partnerships with other municipalities to keep the line intact. The Chief Administrative Officer read a resolution passed by the City of St. Thomas Council supporting the Rail Ways to the Future Committee's request for an extension to the deadline for notification of interest in the CASO line. Elgin County Council passed the following resolution: Moved by Councillor Faulds Seconded by Councillor VanBrenk WHEREAS Canadian National Railway has given notice of discontinuance of Railway Line, CN CASO Subdivision as detailed in Notice of November 23rd, 2001 (File 5505-354- 3) and has Offered to sell all of its interest in the railway line pursuant to the Canada Transportation Act; and, WHEREAS the Corporation of the County of Elgin has an interest in said line; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the County of Elgin hereby directs that CN Rail be advised that this Municipality, along with such others as may indicate an interest, is interested in negotiating the purchase of this Rail Line in its entirety including all track, signals, land and rail related material, subject to a normal due diligence; and, THAT any resolution contrary to this be hereby rescinded. Councillor Crevits requested a recorded vote on the motion: YEAS NAYS ABSENT McPhail VanBrenk Mcintyre Rock Crevits Habkirk Faulds Stewart Wilson TOTAL 7 0 2 As a result of the recorded vote, the motion was declared CARRIED UNANIMOUSLY. County Council 2 February 18, 2002 Moved by Councillor Habkirk Seconded by Councillor Rock THAT we adopt the recommendations of the Committee Of The Whole Council. - Carried. BY-LAWS Moved by Councillor Stewart Seconded by Councillor Rock THAT By-Law No. 02-04 "A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the February 18, 2002 Meeting" be read a first and second time. - Carried. Moved by Councillor Crevits Seconded by Councillor Habkirk THAT By-Law No. 02-04 be read a third time and finally passed. - Carried. Moved by Councillor VanBrenk Seconded by Councillor Faulds THAT we do now adjourn at 1:45 P.M. to meet again on March 1ih, 2002 at 9:00 AM. - Carried. Mark G. McDonald, Chief Administrative Officer. John R. Wilson, Warden.