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07 - May 27, 2014 MinutesCOUNTY COUNCIL MINUTES Tuesday, May 27, 2014 The Elgin County Council met this day at the Administration Building at 9:00 a.m. with all members present except Councillor Walters (regrets). Warden Marr in the Chair. ADOPTION OF MINUTES Moved by Councillor Mennill Seconded by Councillor Mc William THAT the minutes of the meetings held on April 22 and May 13, 2014 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — None. PRESENTATION Retirement Recognition: Linda Irvine The Warden presented Linda Irvine with a retirement certificate for 30 years of exemplary service as a dietary aide at Elgin Manor. Linda's dedication, hard work and professionalism will be missed by staff and residents alike. DELEGATIONS Luc Begin, Dillon Consulting Ltd. with a Power Point presentation titled "Corporate Strategic Plan for Asset Management County of Elgin". He outlined the Elgin County Asset Management Plan. The plan evaluates the current state of Elgin County assets, identifies their value, and determines the cost to keep these assets at current levels of service. Moved by Councillor Jones Seconded by Councillor Jenkins THAT the presentation titled "Corporate Strategic Plan for Asset Management County of Elgin" from Dillon Consulting Ltd. be received and filed. - Carried. Elizabeth Sebestyen, Acting Director, St. Thomas - Elgin Ontario Works presented a report titled "2014 Ontario Works Budget Review". Moved by Councillor Wiehle Seconded by Councillor Ens THAT the report titled "2014 Ontario Works Budget Review" from the Acting Director of St. Thomas - Elgin Ontario Works be received and filed. - Carried. Fons Vandenbroek, President & Donna Lunn, Vice President, Elgin Federation of Agriculture to discuss changes to the Land Division process. The vice president explained the Federation of Agriculture's involvement with the Elgin County Land Division Committee and indicated their support for Elgin County's Land Division Committee to oversee land division requests from all townships and municipalities. County Council Moved by Councillor Mennill Seconded by Councillor Jenkins 2 May 27, 2014 THAT the discussion with the Elgin Federation of Agriculture on changes to the Land Division process be received and filed. - Carried. Moved by Councillor Ens Seconded by Councillor Couckuyt THAT we do now move into Committee Of The Whole Council. - Carried. REPORTS. Land Division Committee — Responses from Elgin Municipalities — Chief Administrative Officer The Chief Administrative Officer presented the report on the responses from Elgin County Municipalities regarding their opinions on the make-up and operation of the Elgin County Land Division Committee. Moved by Councillor Mennill Seconded by Councillor Jenkins THAT the discussion be deferred until the June 10, 2014 Council meeting so options may be reviewed and all Councillors are present for the discussion. - Carried. Council recessed at 10:04 a.m. and reconvened at 10:25 a.m. Asset Management Plan — Deputy Director of Engineering Services The deputy director further explained the County of Elgin County Asset Management Plan. This plan is available for review on the Elgin County website and printed copies are available in Engineering Services. Moved by Councillor Couckuyt Seconded by Councillor Jones THAT the County of Elgin Asset Management Plan be adopted. - Carried. Award of Quotation — Chatham Street (CR#39) Slope Drainage — Deputy Director of Engineering Services The deputy director presented the report outlining the tender award recommendation for Chatham Street Slope Drainage project. Moved by Councillor Jenkins Seconded by Councillor Ens THAT Birnam Excavating Ltd. be selected for the Chatham Street (CR#39) Slope Drainage, Contract No. 6090-14-01 at a total price of $85,643.37, inclusive of a $2,500 contingency allowance and exclusive of H.S.T; and, THAT additional funding required in the amount of $32,151.37 be re-allocated from the anticipated surplus from the Eden Line Rehabilitation Project, Contract No. 6200-14-01 to Contract No. 6090-14-01; and, THAT the Warden and Chief Administrative Officer be authorized to sign the contracts. - Carried. County Council 3 May 27, 2014 Award of Tender — Administration Building Parking Lot — Storm and Sanitary Sewer Replacement —Deputy vices The deputy director presented the report outlining the tender award recommendation for the Administration Building Parking Lot — Storm and Sanitary Sewer Replacement. Moved by Councillor Jones Seconded by Councillor Ens THAT Greenfield Contracting be selected for the Administration Building Parking Lot — Storm and Sanitary Sewer Replacement Tender, Contract No. 2660-13-06 at a total price of $192,520.00, inclusive of a $15,000 contingency allowance and exclusive of H.S.T.; and, THAT the Warden and Chief Administrative Officer be authorized to sign the contract. - Carried. Restricted Acts after Nomination Day (September 12, 2014) - Lame Duck — Chief Administrative Officer The Chief Administrative Officer outlined Section 275 of the Municipal Act, as amended, that provides Council with directions for the period after Nomination Day (September 12, 2014) as it relates to the municipal election. Depending on the nominations filed, the sitting council may face restrictions during this period, as outlined in the by-law. Moved by Councillor Wiehle Seconded by Councillor Jenkins THAT the necessary by-law be prepared delegating authority to municipal officials in the event that council's actions become restricted under Section 275 of the Municipal Act, as amended. 2014 Provincial Polic Statement — Mana - Carried. er of Plannin The manager explained the new Provincial Policy Statement. Highlights include: a distinction between rural areas and rural land, removal of the five lot rule in areas where there are not sufficient sewage services and a new definition for secondary uses, now called on-farm diversified uses. Moved by Councillor Ens Seconded by Councillor Couckuyt THAT the report titled "2014 Provincial Policy Statement" dated May 13, 2014 from the Manager of Planning be received and filed. - Carried. Approval for Official Plan Amendment No. 3, Part of Lot 14, Concession 9, 9823 Yarmouth Centre Road, Municipality of Central Elgin, File No.: CE-OPA3-14 Owner: Stephen Michael Pineo — Manager of Planning The manager presented the report providing Council with the information required to consider granting approval for Official Plan Amendment No. 3, Part of Lot 14, Concession 9, 9823 Yarmouth Centre Road, Municipality of Central Elgin, File No.: CE-OPA3-14 Owner: Stephen Michael Pineo. Moved by Councillor Jenkins Seconded by Councillor Jones THAT the Council of the Corporation of the County of Elgin gives approval to Official Plan Amendment No. 3 to the Municipality of Central Elgin Official Plan, File No. CE-OPA3-14 (Stephen Michael Pineo, 9823 Yarmouth Centre Rd.); and, County Council 4 May 27, 2014 THAT staff be directed to provide notice of this decision in accordance with the Planning Act. - Carried. A • • royal for Official Plan Amendment No. 12 West Part Lot 5 Re• istered Plan 164 37 Water Street, Town of Aylmer, Ministry File No.: 34-OP-12000-012, Owner: Rob and Rose Ann Kuiper — Manager of Planning The manager presented the report providing Council with the information required to consider granting approval for Official Plan Amendment No. 12 West Part Lot 5, Registered Plan 164, 37 Water Street, Town of Aylmer, Ministry File No.: 34-OP-12000-012, Owner: Rob and Rose Ann Kuiper. Moved by Councillor Couckuyt Seconded by Councillor Wiehle THAT the Council of the Corporation of the County of Elgin gives approval to Official Plan Amendment No. 12 to the Town of Aylmer Official Plan, File No. 34-OP-12000-12 (Rob and Rose Ann Kuiper, 37 Water St.); and, THAT staff be directed to provide notice of this decision in accordance with the Planning Act. - Carried. Approval for Official Plan Amendment No. 13, Lots 9, 10, 21 and 22, Registered Plan 164, 344 Talbot St East, 249 and 253 Sydenham Street, Town of Aylmer, File No.: AY- OPA13-14, Owner: Aylmer Full Gospel Church — Manager of Planning The manager presented the report providing Council with the information required to consider granting approval for Official Plan Amendment No. 13, Lots 9, 10, 21 and 22, Registered Plan 164, 344 Talbot St East, 249 and 253 Sydenham Street, Town of Aylmer, File No.: AY-OPA13-14, Owner: Aylmer Full Gospel Church. Moved by Councillor McWilliam Seconded by Councillor Jones THAT the Council of the Corporation of the County of Elgin gives approval to Official Plan Amendment No. 13 to the Town of Aylmer Official Plan, File No. AY-OPA13-14 (Aylmer Full Gospel Church, 344 Talbot St. East); and, THAT staff be directed to provide notice of this decision in accordance with the Planning Act. - Carried. Accessibility Coordinator Training Services — Accessibility Coordinator The coordinator presented the report informing Council of training activities provided by Elgin County to Bruce County, the City of Cambridge and the City of London. The County is reimbursed for time and expenses incurred. Moved by Councillor Ens Seconded by Councillor Jenkins THAT the report titled "Accessibility Coordinator Training Services" from the Accessibility Coordinator be received and filed. - Carried. Accessibility Plan — Annual Status Report — Accessibility Coordinator The coordinator presented the annual status report on the progress of measures taken to implement the strategies outlined in the multi-year accessibility plan. County Council Moved by Councillor Jenkins Seconded by Councillor Couckuyt 5 May 27, 2014 THAT the report titled "Accessibility Plan — Annual Status Report" from the Accessibility Coordinator be received and filed. - Carried. Southwest Local Health Integration Network/Adult Day Program Re-Design New Fee Structure Director of Homes and Seniors Services. The Chief Administrative Officer, in the absence of the director, presented a report outlining the new fee structure for the Adult Day Program that has been established by the Southwest Local Health Integration Network. Moved by Councillor Jones Seconded by Councillor Mc William THAT the report titled "Southwest Local Health Integration Network/Adult Day Program re- design new fee structure" from the Director of Homes and Seniors Services dated May 27, 2014 be received and filed. - Carried. Laserfiche Run Smarter Award — Director of Community and Cultural Services The director presented the report informing Council that the County of Elgin was the recipient of a 2013 "Run Smarter" award from Laserfiche, the County's document management software. Moved by Councillor Ens Seconded by Councillor Wiehle THAT the report titled "2013 Laserfiche Run Smarter Award" from the Director of Community and Cultural Services dated May 5, 2014 be received and filed. - Carried. Renovations to the John Kenneth Galbr ith Reference Library — Director of Community and Cultural Services The director explained that the County is about to embark upon renovations to the John Kenneth Galbraith Reference Library in partnership with the Municipality of Dutton/Dunwich. The director praised the Municipality of Dutton/Dunwich for their maintenance of the facility. Moved by Councillor McWilliam Seconded by Councillor Ens THAT the report titled "Renovations to the John Kenneth Galbraith Reference Library, Dutton" from the Director of Community and Cultural Services dated May 5, 2014 be received and filed. Com - Carried. letion of Renovations to Port Stanle Librar Director of Communit and Cultural Services The director presented the report informing Council that renovations to the Port Stanley Library have been completed. A grand re-opening celebration will be held on June 24, 2014 at 2:00 p.m. County Council Moved by Councillor Jenkins Seconded by Councillor Jones 6 May 27, 2014 THAT the Warden on behalf of County Council issue letters of appreciation to Braam's Custom Cabinets and the Board of Directors of the Port Stanley Festival Theatre to acknowledge their respective contributions to renovations of the Port Stanley Library; and, THAT the report titled "Completion of Renovations to Port Stanley Library" from the Director of Community and Cultural Services dated May 5, 2014 be received and filed. - Carried. Ca in and Clawback — Director of Financial Services II • • The director presented the report recommending that the Current Value Assessment threshold for clawed-back (decreasing) properties be set at $250. Moved by Councillor Jones Seconded by Councillor Wiehle THAT County tax policy set the annualized tax limit increase at 10%; the prior years current value assessment (CVA) tax limit increase at 5%; the CVA threshold for protected (increasing) properties at $250; the CVA threshold for clawed-back(decreasing) properties at $250; exclude properties that were at CVA tax in the previous year from the capping and claw-back calculation in the current year; and exclude properties that would move from being capped in the previous year to be clawed back in the current year or from being clawed back in the previous year to be capped in the current year as a result of the changes to the CVA tax; and, THAT the necessary by-laws be adopted once all municipalities have set their tax rates. - Carried. A • ril YTD Bud • et Performance — Director of Financial Services The director presented the budget comparison through April 2014 for the County with a favourable performance of $123 thousand. Moved by Councillor Jenkins Seconded by Councillor Mc William THAT the report titled "April YTD Budget Performance" from the Director of Financial Services dated May 20, 2014 be received and filed. - Carried. CORRESPONDENCE Items for Consideration 1. J.W. Tiernay, Executive Director, Ontario Good Roads Association (OGRA) informing the County of $2,253.25 refund from OGRA's litigation fund and requesting Council consider leaving the refund in OGRA's MMS Litigation Reserve. 2. Pat Vanini, Executive Director, Association of Municipalities Ontario (AMO) requesting consent from Ontario municipalities in order for AMO to send commercial electronic messages (CEMs) which will comply with the recently passed Canadian Anti-Spam Legislation (CASL). 3. Mayor Ron Eddy, County of Brant, with a resolution regarding review of the Emergency Detour Routes for the 400-Series Highways. County Council 7 The following recommendation was adopted in regard to Correspondence Item #1: Moved by Councillor Wiehle Seconded by Councillor Ens May 27, 2014 THAT the Corporation of the County of Elgin requests a refund of 50.1% of the $4,497.50 originally contributed to OGRA's litigation fund. This will amount to $2,253.25. - Carried. The following recommendation was adopted in regard to Correspondence Item #2: Moved by Councillor Jones Seconded by Councillor Couckuyt THAT the Corporation of the County of Elgin gives consent to AMO to continue sending email correspondence. - Carried. The following recommendation was adopted in regard to Correspondence Item #3: Moved by Councillor Mc William Seconded by Councillor Wiehle THAT the Corporation of the County of Elgin supports the resolution from the County of Brant with the addition that all roads in the municipalities affected by these detours be subject to additional compensation. - Carried. Items for Information (Consent Agenda) 1. Mayor Dan Mathieson, City of Stratford with invitation to Civic Night at the Festival Theatre on June 25, 2014. 2. Hon. Bob Chiarelli, Minister of Energy with an update on the Provincial Government's initiatives re: local energy planning. 3. Mayor Heather Jackson, City of St. Thomas thanking Council for support of 4th Annual Mayors' Charity Hockey Game. 4. Anne Ashfield, Interim Manager, The Caring Cupboard Food Bank of St. Thomas thanking Council for the monetary and food donations made during the Mayor's Charity Hockey Game. 5. St. Thomas Elgin General Hospital with information package on the hospital's Great Expansion project. 6. Julie Simpson, Fund Development Coordinator, VON Middlesex-Elgin inviting Council and staff to join them in the VON Great Community Run, Walk 'n' Roll event at Lions Park in Mt. Brydges on June 22, 2014. 7. AMO Communications requesting nominations for the 2014 - 2016 AMO Board of Directors. 8. Western Ontario Wardens' Caucus (WOWC) newsletter. 9. Premier Kathleen Wynne, responding to the County of Elgin's resolutions regarding: a) Energy rates b) Funding for small town Ontario schools. County Council Moved by Councillor Jenkins Seconded by Councillor Couckuyt THAT Correspondence Items #1 — 9 be received and filed. - Carried. 8 OTHER BUSINESS May 27, 2014 Statements/Inquiries by Members — The second installment of the three-part series on council terms was published in the latest edition of Municipal World. Staff is collecting articles and additional information to send to Council. Notice of Motion — None. Matters of Urgency — None. Closed Meeting Item Moved by Councillor Wiehle Seconded by Councillor Jones 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 — Summary of Convictions — Woodland Conservation By-Law. - Carried. The Elgin County prosecutor presented a summary of convictions —Woodland Conservation By-Law. Moved by Councillor Jones Seconded by Councillor Wiehle THAT we do now rise and report. - Carried. Moved by Councillor Jenkins Seconded by Councillor Ens THAT the confidential report providing a summary of convictions affecting the Woodland's Conservation By-Law from the County Solicitor be received and filed. - Carried. Motion to Ado t Recommendations of the Committee of the Whole GI Moved by Councillor Couckuyt Seconded by Councillor Ens THAT we do now adopt recommendations of the Committee Of The Whole. - Carried. BY-LAWS Moved by Councillor Ens Seconded by Councillor Wiehle THAT By-Law No. 14-12 "Being a By-Law to Delegate Authority to Municipal Officials to Act in the Event that the Council's Actions Become Restricted Under Section 275 of the Municipal Act, 2001" be read a first, second and third time and finally passed. - Carried. County Council Moved by Councillor Jones Seconded by Councillor Jenkins 9 May 27, 2014 THAT By-Law No. 14-13 "Being a By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the May 27, 2014 Meeting" be read a first, second and third time and finally passed. - Carried. ADJOURNMENT Moved by Councillor McWilliam Seconded by Councillor Ens THAT we do now adjourn at 12:10 p.m. and meet again on June 10, 2014 at the County Administration Building Council Chambers at 9:00 a.m. McDonald Chief Adriiiirsi v.- • fficer. - Carried. David Marr, Warden.