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19 - November 27, 2018 County Council Minutes COUNTY COUNCIL MINUTES Tuesday, November 27, 2018 Accessible formats available upon request. The Elgin County Council met this day at the Administration Building at 9:00 a.m. with all members present. Warden Marr in the Chair. ADOPTION OF MINUTES Moved by Councillor Mennill Seconded by Councillor Jenkins THAT the minutes of the meeting held on October 16, 2018 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — None. PRESENTATIONS Paramedic Services Exemplary Service Awards Pauline Meunier (General Manager/Chief of Medavie EMS Elgin Ontario) spoke to council about the gala which is held each year to recognize many awards such as Paramedic acts of bravery, leadership, as well as the Governor General's award for Exemplary Service. Paramedics Snell, Fehr and Roberts (now retired) were awarded this most prestigious honour at the Ontario Association of Paramedic Chiefs Gala that was held in London on September 20th 2018. Chief Meunier was presented with three certificates from the County to recognize the accomplishments of the recipients. Moved by Councillor Ens Seconded by Councillor Marlyn THAT the report titled "Paramedic Services — Exemplary Service Awards" from the General Manager of Medavie EMS Elgin Ontario, dated November 27, 2018, be received and filed. - Carried. DELEGATIONS Elgin County & ERBC 2018 Year-in-Review Kevin Jackson (General Manager, ERBC) presented a year-in-review for Council regarding the partnership between the ERBC and the County. He highlighted many of the years activities, such as numbers of businesses assisted, new loans advanced, total active loans, and presented some pictures and context for different business that the ERBC and County have impacted across the short, medium, and long term. Moved by Councillor Mennill Seconded by Councillor McWilliam THAT the PowerPoint titled "EBRC & County of Elgin —A Perfect Partnership" from the General Manager of the Elgin Business Resource Centre be received and filed. - Carried. Taking Back the Schools — Envisioning School Board Reform in Elgin County Heather Derks (Sparta PAR Committee Chair) presented on the topic of school board reform in Elgin County. The purpose of the delegation was to seek County Council's support to investigate the possibility of an Elgin County or Regional Board of Education to protect local interest. In going over the history of the school board, she discussed how the system ran prior to County Council 2 November 27, 2018 amalgamation and afterwards. The presenter believes that amalgamation has not allowed for the proper autonomy that is needed to separate the urban and rural differences. The presenter suggested an Education Advisory Committee be formed to help offset potential cost associated with any potential changes. Moved by Councillor Mennill Seconded by Councillor Ens THAT the PowerPoint titled "Taking Back the Schools — Envisioning School Board Reform in Elgin County" from the Chair of the Sparta PAR Committee, be received and filed; and; THAT County Council investigate the possibility of an Elgin County or Regional Board of Education to protect local interest. - Carried. Insurance Review Report Joy Jackson (Cunnart Associates) presented the Insurance Review Report of Elgin for Council. This report was commissioned to examine the proposals received in response to the County of Elgin's RFP 2018-26 General Insurance and Risk Management Services Program. Specifically, the work is to evaluate the risk management services offered by each proponent and the accompanying risk financing options provided through insurance coverage. Moved by Councillor Mennill Seconded by Councillor Martyn THAT the report titled "Insurance Review Report to Elgin" from Cunnart Associates be received and filed. - Carried. Council recessed at 10:01 a.m. and reconvened at 10:11 a.m. THAT we do now move into Committee of the Whole Council. Moved by Councillor Jenkins Seconded by Councillor Jones - Carried. REPORTS General Insurance and Risk Management Services Program — Purchasing Coordinator This report provided details on the Request for Proposal (RFP) for General Insurance and Risk Management Services. The existing five year contract is expiring and a new five year contract is required. Four (4) firms provided a proposal. Before close of the RFP, Cunnart Associates was hired as an independent consultant to review the proposals. The evaluation process has identified Jardine Lloyd Thompson Canada (JLT) as the highest scoring firm. The total premium proposed for 2019 is $305,611 which represents a 26% savings from the 2018 premium cost of $385,229. JLT Canada has also offered a three year rate guarantee for the General Liability policy which represents about 50% of the premium cost. During this Lame Duck Period, the CAO will be delegated authority to consent pursuant to By-law 18-23. Moved by Councillor Wiehle Seconded by Councillor Jones THAT the report titled "General Insurance and Risk Management Services Program", from the Purchasing Coordinator, dated November 14, 2018 be received and filed. - Carried. County Council 3 November 27, 2018 External Audit Services - Director of Financial Services This report provides details on the Request for Proposal (RFP) for External Audit Services. The existing five year contract has expired and a new five year contract is required for the 2018 annual audit beginning at the end of this year. Four (4) firms submitted a proposal. Based on an evaluation from the Director of Finance and three (3) financial analysts, Graham Scott Ens was determined to receive the highest score. The pricing for the five year term is $143,500. During this Lame Duck Period, the CAO will be delegated authority to consent pursuant to By-law 18-23. Moved by Councillor Jenkins Seconded by Councillor Mennill THAT the report titled "External Audit Services", from the Director of Financial Services, dated October 31, 2018 be received and filed. - Carried. Quarterly Information Report - Contract Awards (July 1, 2018 to September 30, 2018) — Purchasinq Coordinator The Purchasing Coordinator presented the report that details relevant to the exercise of delegated authority for all contracts awarded in the excess of$15,000 from the period of July 1, 2018 to September 30, 2018. Moved by Councillor Jones Seconded by Councillor Ens THAT the report titled "Quarterly Information Report- Contract Awards, July 1, 2018 to September 30, 2018", from the Purchasing Coordinator, dated November 5, 2018 be received and file. - Carried. Award of Tender—Winter Maintenance Services — Purchasing Coordinator A tender was advertised and issued as per the County's Procurement Policy for Winter Maintenance Services for Bobier Villa, Dutton EMS (Part A); Elgin Manor and Final Line Waste Water Treatment Plant (Part B); Terrace Lodge and Aylmer EMS Station (Part C); Administration Building (Part D); and, Heritage Centre (Part E). Three companies submitted their proposals. Elgin Clean Cut Lawn Care provided the lowest compliant bid with an estimated price of$142, 310 for a two-year term. During this Lame Duck Period, the CAO will be delegated authority to consent pursuant to By-law 18-23. Moved by Councillor Martyn Seconded by Councillor McWilliam THAT the report titled "Award of Tender—Winter Maintenance Services", from the Purchasing Coordinator, dated November 9, 2018 be received and filed. - Carried. Proposed Draft Plan of Subdivision Seaglass in Port Stanley, Wastell Developments Inc. — Manager of Planning The report provided County Council with information required in order to consider granting draft plan approval to the above noted plan of subdivision. The manager's report highlighted that application meets planning standards in accordance with the Planning Act, and that a statutory public meeting was held on June 18, 2018 to address concern. Affordable housing was also discussed. The manager was satisfied with conditions of the plan of subdivision. Moved by Councillor Wiehle Seconded by Councillor Jones County Council 4 November 27, 2018 THAT the Council of the Corporation of the County of Elgin grants draft plan approval to Seaglass in Port Stanley Draft Plan of Subdivision (Wastell Homes) in the Municipality of Central Elgin (Port Stanley) File No. 34T-CE1801; and; THAT staff be directed to provide notice of this decision subject to the conditions for final approval in with the Planning Act. Councillor Martyn requested a recorded vote. These were recorded as follows: YEAS NAYS ABSTAINED Wiehle McWilliam Martyn Jones Currie Mennill Jenkins Ens Marr TOTAL: 7 1 1 As a result of the Recorded Vote the motion was Carried. - Carried. Land Division Committee Appointments —Manager of Planning The CAO presented a report that highlighted many different directions that the Land Division Committee could go. With expected turnover to be high, it is of the opinion of the CAO and Manager of Planning to revoke the sunset clause on a one-time basis and allow for an additional term to be served by those who have previously served two consecutive terms. It was also suggested by the Warden and a Councillor that the Committee be temporarily suspended until a full review and recommendations can be completed by County Council. Moved by Councillor Mennill Seconded by Councillor Ens THAT the report titled "Land Division Committee Appointments"from the Chief Administrative Officer and Manager of Planning, dated November 7, 2018, be received and filed; and; THAT the Chief Administrative Officer and Manager of Planning provide supplementary reports to the next term of Council in regard to the ongoing review of Land Division in Elgin County; and; THAT County Council proceed with local appointments to the Land Division Committee as requested by County CAO on October 2, 2018 and continue with the ongoing review of the Land Division Committee, land division process and fees and report the results to the next term of County Council; and; THAT County Council permit the three (3) members who have served two consecutive terms to reapply to the committee, forgoing the sunset clause in Council's Procedural By-law 18-38 (Section 37). - Carried. Ride Elgin Bike Share Program: Dropbike— Director of Economic Development The director presented the report to update Council on the latest advancements in the Ride Elgin Bike Share Program. After receiving three (3) proposal ranging between $34,000 and $80,800 per year, staff identified Dropbike, Canada's largest smart bike-share-system, as the preferred vendor based on price ($36,500 per year), and the prominent features that they offer (smartphone unlocking system, hub locations, etc.). The two year contract would cost the County and partner municipality, Central Egin, $5,750 each for year one. The cost estimate is based on Southwestern Public Health and Southwest Ontario Tourism Corporation donating $10,000 and County Council 5 November 27, 2018 $15,000 respectively for year one. With no outside funding secured for year two, the County and Central Elgin would share cost at $18,250 each. The next step is to present the preferred vendor to Central Elgin's Council on December 10, 2018. Moved by Councillor Martyn Seconded by Councillor Mennill THAT the County Warden and Chief Administrative Officer be directed to sign a contract with Dropbike for bike sharing services as described in the November 16, 2018, report conditional on the Municipality of Central Elgin agreeing to the services provided by Dropbike. - Carried. 2018 Library Branch Facility Improvements— Director of Community and Cultural Services The director's report focused on renovations and improvements that have been completed in 2018 at Fred Bodsworth Public Library of Port Burwell, Aylmer Library, Southwold Township Library, Shedden and John Kenneth Galbraith Reference Library, and Dutton during the past year. This report provides an overview of these projects for Council's information. Moved by Councillor Jones Seconded by Councillor Ens THAT the report titled "2018 Library Branch Facility Improvements" from the Director of Community and Cultural Services, dated October 15, 2018, be received and filed. - Carried. Library Guidelines Performance—Director of Community and Cultural Services The director presented the report as an update to council on the ARUPLO Guidelines. With the exception of facilities, all other areas follow the guidelines. Staff will continue to follow guidelines and advocate for benchmarking data to ensure that performance can be assessed against other systems. Moved by Councillor Wiehle Seconded by Councillor Mennill THAT the report titled "Library Guidelines Performance" from the Director of Community and Cultural Services, dated September 27, 2018, be received and filed. - Carried. 10 Year Capital Plan — Museum and Archives — Director of Community and Cultural Services The director provided background information to support inclusion of a 10 year capital plan for Elgin County Archives and Elgin County Museum in the County's overall 10 year capital plan. It was recommended that $40,000 be integrated into the County's 10 year capital plan on an annual basis. This remuneration will allow for needed storage space, upgrades, and repairs to HVAC system. If approved, the proposed capital plan would be funded by a 0.1% increase in property taxes. Moved by Councillor Martyn Seconded by Councillor Jenkins THAT the recommendations in the report "10 Year Capital Plan — Museum and Archives" dated November 19, 2018, be referred to the 2019 capital budget review and 10-year capital plan. - Carried. County Council 6 November 27, 2018 Homes — Infection Prevention and Control Policy and Procedure Manual Review and Revisions — Director of Homes and Seniors Services As per the Long-Term Care Homes Act, 2007, policies and procedures are to be reviewed annually. All revisions were minor in nature which dealt with an updated name change for Southwestern Public Health Unit, an updated name change from CCAC to LHIN, and minor word changes. The policy manual in its entirety and the noted policy revisions may be reviewed through the County Website http://www.elgincounty.ca/homes-seniors-services/employee-portal/. Moved by Councillor Jenkins Seconded by Councillor Jones THAT Council approve the County of Elgin Homes and Seniors Services Infection Prevention and Control Policy Manual review and revisions for 2018; and; THAT the report titled "Homes—Infection Prevention and Control Policy and Procedure Manual Review and Revisions" from the Director of Homes and Seniors Services, dated November 16, 2018, be received and filed. - Carried. Homes —YWCA Pool Agreement Renewal — Director of Homes and Seniors Services The current pool rental agreement between the Corporation of the County of Elgin (Terrace Lodge) and YWCA St. Thomas-Elgin expires December 31, 2018. The County Solicitor and Purchasing Coordinator reviewed the current agreement, release and waiver, and insurance documents and provided recommendations for change. Negotiations with YWCA St. Thomas- Elgin were successful in securing a one (1) year renewal agreement based on simultaneous work being done to outline options for Terrace Lodge redevelopment/rebuild, and an increase of three (3) % to the annual fees paid by YWCA for the period of this agreement was successfully negotiated. Moved by Councillor Jones Seconded by Councillor Mennill THAT Council authorize staff to sign the one (1) year agreement with YWCA St. Thomas-Elgin for the use of the Terrace Lodge pool; and, the 3 % increase to the annual fees; and; THAT the report entitled "Homes —YWCA Pool Agreement Renewal" from the Director of Homes and Seniors Services, dated November 12, 2018, be received and filed. - Carried. Homes — Laboratory Service Agreements— Director of Homes and Seniors Services Long-term care homes (LTCH) contract with licensed labs to ensure the collection and transportation of specimens for the purposes of diagnostic testing and timely access to resident specific laboratory results. As a result of staff negotiations with Life Labs, they have proposed a three-year term contract and no increase in fees. Moved by Councillor Martyn Seconded by Councillor McWilliams THAT Council authorize staff to sign the three (3) year agreement with Life Labs for the provision of laboratory services to residents of Elgin County Homes (subject to approval by the County solicitor); and, the EHR practice agreement for Launchpad; and; THAT the report entitled "Homes — Laboratory Service Agreements" from the Director of Homes and Seniors Services, dated November 20, 2018, be received and filed. - Carried. County Council 7 November 27, 2018 Emergency Management Program Committee Terms of Reference— Chief Administrative Officer The CAO presented the report to highlight the updates provided to the County's Emergency Management Plan. The new Plan has an updated program committee and control group that are requires by The Emergency Management and Civil Protection Act. By-law 18-37 that was presented will replace by-law 04-26 to reflect these updates. This committee must be appointed by Council in an official by-law. Moved by Councillor Jenkins Seconded by Councillor Mennill THAT Elgin County Council approve the Terms of Reference for the Elgin County Emergency Management Program Committee, as attached; and; THAT By-Law 04-26 be repealed and any other By-Laws that are inconsistent with the "Emergency Management Program By-law"; and; THAT the "Emergency Management Program By-law" as presented be approved and By-law 18- 37 be enacted. - Carried. Transportation Funding from Southwestern Public Health —Chief Administrative Officer The CAO presented the report to inform council that Southwestern Public Health has offered $25,000 to go towards an Elgin County transportation study which will be entered into if the Memorandum of Understanding is signed. The County currently is waiting on OMAFRA Rural Economic Development Program (RED) to make a decision regarding funding for a transportation study. The County is seeking $50,000 from RED to offset the costs of a County- wide feasibility study. The application status will not be known until late January/early February. Should funding not be granted by RED, the $25,000 contributed by Southwestern Public Health will be used for a similar scale, transportation study as per the Memorandum of Understanding. Moved by Councillor Jones Seconded by Councillor Martyn THAT Elgin County Council authorize the CAO to enter into a Memorandum of Understanding with Southwestern Public Health to accept $25,000 in funding to be used towards an Elgin County transportation study, following a review of the Memorandum of Understanding by the County Solicitor. - Carried. Final Draft of Elgin County Council Procedural By-Law— Chief Administrative Officer The CAO presented the report which highlighted changes to the County's Procedural By-law. The two main areas of focus were electronic participation and closed meetings. A new provision in Bill 68 allows Members to participate electronically in a meeting that is open to the public. This new provision does not allow Members who participate electronically to be counted towards quorum and electronic participation is not allowed during closed meetings. Moved by Councillor Mennill Seconded by Councillor Ens THAT the report titled "Final Draft of Elgin County Council's Procedural By-Law" from the Chief Administrative Officer, dated November 21, 2018, be received and filed; and; THAT the CAO/Clerk be directed to contact the Ministry of Municipal Affairs to bring to their attention the lack of clarity associated with the provision in regard to Electronic Participation introduced by Bill 68; and; County Council 8 November 27, 2018 THAT By-law 11-06 be repealed and any other By-laws that are inconsistent with the "Elgin County Council Procedural by-Law"; and; THAT the "Elgin County Council Procedural By-Law" as presented be approved and By-law 18- 38 be enacted. - Carried. Additional Long Term Care Beds Follow Up Report—Chief Administrative Officer The CAO presented the report which requested that Council advocate for a change in LTC beds assignments and the need for better funding from the Ministry. The regional model for LTC bed assignments means that Elgin County's investment, which is disproportionately larger than our neighbouring municipalities, will be supporting residents outside of our County. Changes to the provincial funding model are needed before additional beds are added to Elgin's current complement. Moved by Councillor Ens Seconded by Councillor Jones THAT the report titled "Additional Long Term Care Home Beds Follow Up Report" from the Chief Administrative Officer, Director of Homes and Seniors Services and Director of Financial Services, dated November 7, 2018, be received and filed; and; THAT County Council direct the Chief Administrative Officer, Director of Homes and Seniors Services and Director of Financial Services to share this report with the next term of County Council and request their commitment to advocating for a change to the manner in which LTC beds are assigned by way of governance and producing cost neutral funding in Elgin County. - Carried. Proposed Amendment to the Woodlands Conservation By-Law 05-03—Chief Administrative Officer The CAO presented the report pursuant to Section 135 of the Municipal Act, 2001, County Council enacted By-law No. 05-03 (Woodlands Conservation By-Law) to prohibit or regulate the harvest, destruction, or injury of trees in the County of Elgin. The Municipality of Central Elgin has requested an amendment to its Woodland Conservation By-law to regulate the harvest, destruction or injury of trees upon specified slopes within its territorial limits. Extensive work has been undertaken on the part of the Municipality of Central Elgin regarding revisions to the Woodlands Conservation By-law. Moved by Councillor Martyn Seconded by Councillor Jones THAT By-Law No. 18-39 "Being a By-law to amend By-Law 05-03 (Woodlands Conservation By- Law)" be approved and enacted. - Carried. DELEGATIONS CONTINUED... Elgin County Land Division Activities for 2018 Lorne McLeod (Chairman, Elgin County Land Division Committee), presented the County's Land Division Activities for 2018. County Council 9 November 27, 2018 Moved by Jenkins Seconded by Jones THAT the report titled "Elgin County Land Division Activities for 2018" from the Chairman of the Land Division Committee, dated November 15, 2018 be received and filed. - Carried. CORRESPONDENCE Items for Information (Consent Agenda) 1. Dillon Consulting MTO Notice of Completion Transportation Environmental Study Report Addendum Highway 401 & Highway 4 Interchange Improvements and Highway 4 & Glanworth Drive Underpass Replacements. 2. Paul Jenkins, Executive Director, STEGH Foundation with a request to come as a delegation to Council in 2019 to provide foundation updates. The following recommendation was adopted in regard to Correspondence Item #1: Moved by Councillor Jones Seconded by Councillor Ens THAT the County Solicitor and County Engineer provide further review and provide comments to MTO if warranted. - Carried. The following recommendation was adopted in regard to Correspondence Item #2: Moved by Councillor Jones Seconded by Councillor Ens THAT the request from the Executive Director, STEGH Foundation, be received and filed. - Carried. Items for Information (Consent Agenda) 1. Dave Phillips, Town Crier 2018 Report to Elgin County Council 2. AMO, Federal Gas tax Fund 2017 Annual Report 3. Township of Southwold, 2018 Recognition of Shedden Library Committee 4. TVDSB, School and Child Care Projects Delayed in Government Review Process Moved by Councillor Jones Seconded by Councillor Marlyn THAT Correspondence Items #1 —4 be received and filed. - Carried. OTHER BUSINESS Statements/Inquiries by Members Councillor Mennill lets it be known that he will be running for Warden at this election and will be seeking the support of the returning Councillors. The Warden thanked everyone for the Warden's Dinner and for serving on Council over the past 4 years. County Council 10 November 27, 2018 Councillors McWilliam, Currie, Jenkins, Wiehle and Ens provided comments on the previous term. Notice of Motion — None. Matters of Urgency— None. Closed Meeting Items Moved by Councillor Mennill Seconded by Councillor Jenkins THAT we do now proceed into closed meeting session in accordance with the Municipal Act to discuss matters under Municipal Act Section 239.2; In-Camera Item #1 (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board — Port Bruce Bridge. In-Camera Item #2 (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board — Notification of Breach of Contract/Road Allowance Agreement. - Carried. Moved by Councillor Jones Seconded by Councillor Mennill THAT we do now rise and report. - Carried. In-Camera Item #1 Moved by Councillor Marlyn Seconded by Councillor Jenkins THAT staff proceed as directed. - Carried. In-Camera Item #2 Moved by Jones Seconded by Wiehle THAT staff proceed as directed. - Carried Motion to Adopt Recommendations of the Committee of the Whole Moved by Councillor Jones Seconded by Councillor Ens THAT we do now adopt recommendations of the Committee Of The Whole. - Carried. County Council 11 November 27, 2018 BY-LAWS Moved by Councillor Mennill Seconded by Councillor Martyn THAT By-Law No. 18-37 "A By-Law to Repeal By- Law No. 04-26 and to Adopt an Emergency Management Program tor The County Of Elgin" be read a first, second and third time and finally passed. - Carried. Moved by Councillor Jones Seconded by Councillor Jenkins THAT By-Law No.18-38 "To Regulate the Proceedings in the Municipal Council of The Corporation of The County Of Elgin and Committees Thereof, and to Repeal By-Law No. 11-06" be read a first, second and third time and finally passed. - Carried. Moved by Councillor Jones Seconded by Councillor Martyn THAT By-Law No.18-39 "Being a By-Law to Amend By-Law 05-03 (Woodlands Conservation By- Law)" be read a first, second and third time and finally passed. - Carried. Moved by Councillor McWilliam Seconded by Councillor Wiehle THAT By-Law No. 18-40 "Being a By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the November 27, 2018 Meeting" be read a first, second and third time and finally passed. - Carried. ADJOURNMENT Moved by Councillor McWilliam Seconded by Councillor Weihle THAT we do now adjourn at 12:08 p.m. sine die. - Carried. Julie Gorfirou, Duncan McPhail, Chief Administrative Officer Warden