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08 - April 6, 2022 County Council Minutes010 Elg 1n4 Uf�rw:$T Progressive by Nature ELGIN COUNTY COUNCIL MINUTES April 6, 2022 Page 1 April 6, 2022 Elgin County Council met this 6th day of April 2022 at the Masonic Centre of Elgin, 42703 Fruit Ridge Line, St. Thomas ON. The meeting was held in a hybrid in-person/electronic format with Councillors and staff participating as indicated below. Council Present: Warden Mary French (in -person) Deputy Warden Tom Marks (in -person) Councillor Duncan McPhail (in -person) Councillor Bob Purcell (electronic) Councillor Grant Jones (in -person) Councillor Sally Martyn (in -person) Councillor Dave Mennill (in -person) Councillor Dominique Giguere (in -person) Councillor Ed Ketchabaw (in -person) Staff Present: Julie Gonyou, Chief Administrative Officer (in -person) Brian Lima, General Manager of Engineering, Planning & Enterprise/Deputy Chief Administrative Officer (in -person) Stephen Gibson, County Solicitor (in -person) Nick Loeb, Senior Counsel (in -person) Carolyn Krahn, Interim Manager, Economic Development and Tourism (in - person) Jenna Fentie, Legislative Services Coordinator (in -person) 1. CALL TO ORDER The meeting convened at 1:00 p.m. with Warden French in the chair. 2. ADOPTION OF MINUTES Moved by: Councillor Mennill Seconded by: Councillor Ketchabaw RESOLVED THAT the minutes of the meeting held on March 8, 2022 be adopted. Recorded Vote Yes No Abstain West Elgin Councillor Duncan McPhail X Dutton Dunwich Councillor Bob Purcell X Southwold Councillor Grant Jones X Central Elgin Councillor Sally Martn X Central Elgin Deputy Warden Tom Marks X Malahide Councillor Dave Mennill X Malahide Councillor Dominique Gi uere X Ba ham Councillor Ed Ketchabaw X Aylmer Warden Mary French X TOTAL 9 0 0 Motion Carried. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF ►7"M 4. PRESENTING PETITIONS, PRESENTATIONS AND DELEGATIONS None. Page 2 April 6, 2022 The Chief Administrative Officer requested that an additional item of urgency be considered as a closed session matter before Council's consideration of Reports of Council, Outside Boards and Staff. Moved by: Councillor Jones Seconded by: Deputy Warden Marks RESOLVED THAT the order of proceedings be amended to allow for a brief closed session update prior to Council's consideration of reports under Reports of Council, Outside Boards and Staff as permitted under the Municipal Act Section 239 (2) (a) the security of the property of the municipality or local board. Recorded Vote Yes No Abstain West Elgin Councillor Duncan McPhail X Dutton Dunwich Councillor Bob Purcell X Southwold Councillor Grant Jones X Central Elgin Councillor Sally Martyn X Central Elgin Deputy Warden Tom Marks X Malahide Councillor Dave Mennill X Malahide Councillor Dominique Gi uere X Ba ham Councillor Ed Ketchabaw X Aylmer Warden Mary French X TOTAL 9 0 0 Motion Carried. 5. COMMITTEE OF THE WHOLE Moved by: Councillor McPhail Seconded by: Councillor Giguere RESOLVED THAT we do now move into Committee of the Whole Council. Recorded Vote Yes No Abstain West Elgin Councillor Duncan McPhail X Dutton Dunwich Councillor Bob Purcell X Southwold Councillor Grant Jones X Central Elgin Councillor Sally Marlyn X Central Elgin Deputy Warden Tom Marks X Malahide Councillor Dave Mennill X Malahide Councillor Dominique Gi uere X Ba ham Councillor Ed Ketchabaw X Aylmer Warden Mary French X TOTAL 9 0 0 Motion Carried. Closed Session Matter of Urgency Moved by: Councillor Martyn Seconded by: Councillor Mennill RESOLVED THAT we do now proceed into closed meeting session in accordance with the Municipal Act to discuss the following matters under Municipal Act Section 239 (2) (a) the security of the property of the municipality or local board. Page 3 April 6, 2022 Recorded Vote Yes No Abstain West Elgin Councillor Duncan McPhail X Dutton Dunwich Councillor Bob Purcell X Southwold Councillor Grant Jones X Central Elgin Councillor Sally Martyn X Central Elgin Deputy Warden Tom Marks X Malahide Councillor Dave Mennill X Malahide Councillor Dominique Gi uere X Ba ham Councillor Ed Ketchabaw X Aylmer Warden Mary French X TOTAL 9 0 0 Motion Carried. Motion to Rise and Report Moved by: Councillor Ketchabaw Seconded by: Councillor Jones RESOLVED THAT we do now rise and report; and THAT the report from the Chief Administrative Officer be received. Recorded Vote Yes No Abstain West Elgin Councillor Duncan McPhail X Dutton Dunwich Councillor Bob Purcell X Southwold Councillor Grant Jones X Central Elgin Councillor Sally Marlyn X Central Elgin Deputy Warden Tom Marks X Malahide Councillor Dave Mennill X Malahide Councillor Dominique Gi uere X Ba ham Councillor Ed Ketchabaw X Aylmer Warden Mary French X TOTAL 9 0 0 Motion Carried. 6. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF Moved by: Councillor McPhail Seconded by: Councillor Martyn RESOLVED THAT reports 6.2 — Terrace Lodge Redevelopment Fundraising Committee Appointment, 6.3 — Library, Museum and Archives Service Updates — December 2021 to March 2022, 6.4 — Elgincentives Program Review, 6.5 — Elgincentives 2021 Year End Review, 6.8 — 2021 County Road Maintenance Agreement — Financial Reporting, 6.11 — Donation Policy No. 1.1, and 6.12 — Response to Ukraine Crisis be deferred for consideration at the April 26, 2022 meeting. Recorded Vote Yes No Abstain West Elgin Councillor Duncan McPhail X Dutton Dunwich Councillor Bob Purcell X Southwold Councillor Grant Jones X Central Elgin Councillor Sally Martn X Central Elgin Deputy Warden Tom Marks X Malahide Councillor Dave Mennill X Malahide Councillor Dominique Gi uere X Ba ham Councillor Ed Ketchabaw X Page 4 April 6, 2022 A Imer Warden Mary French I X TOTAL 1 9 1 0 10 Motion Carried. 6.1 Warden's Activity Report (March) and COVID-19 Update — Warden French Warden French presented the report summarizing her activities on behalf of County Council in March 2022 and the County's response to the pandemic. Moved by: Councillor Martyn Seconded by: Councillor Mennill RESOLVED THAT the March 31, 2022 report titled "Warden's Activity Report (March) and COVID19 Update" submitted by Warden French be received and filed for information. Recorded Vote Yes No Abstain West Elgin Councillor Duncan McPhail X Dutton Dunwich Councillor Bob Purcell X Southwold Councillor Grant Jones X Central Elgin Councillor Sally Martyn X Central Elgin Deputy Warden Tom Marks X Malahide Councillor Dave Mennill X Malahide Councillor Dominique Gi u6re X Ba ham Councillor Ed Ketchabaw X Aylmer Warden Mary French X TOTAL 9 0 0 Motion Carried. 6.2 Terrace Lodge Redevelopment Fundraising Committee Appointment — Councillor Giguere The report has been deferred until the April 26, 2022 County Council meeting. 6.3 Library, Museum and Archives Service Updates — December 2021 to March 2022 — Director of Community and Cultural Services The report has been deferred until the April 26, 2022 County Council meeting. 6.4 Elgincentives Program Review — Interim Manager of Economic Development and Tourism The report has been deferred until the April 26, 2022 County Council meeting. 6.5 Elgincentives 2021 Year End Review — Interim Manager of Economic Development and Tourism The report has been deferred until the April 26, 2022 County Council meeting. 6.6 Elgin (County) / Eh!Tel Networks Inc. - Telecommunications Equipment Consent and Road User Agreement — Senior Counsel Senior Counsel presented the report recommending approval and authorization for execution of a proposed Telecommunication Equipment Consent and Road User Agreement ("Telecommunication Agreement') between Elgin (County) and Eh!Tel Networks Inc. Moved by: Deputy Warden Marks Seconded by: Councillor Giguere Page 5 April 6, 2022 RESOLVED THAT the within Report to Council, dated March 30, 2022, and entitled "Elgin (County) / Eh!Tel Networks Inc. — Telecommunications Equipment Consent and Road User Agreement" be received and filed; and THAT County Council approve and authorize the Warden and Chief Administrative Officer to execute a proposed Telecommunication Equipment Consent and Road User Agreement as between Elgin (County) and Eh!Tel Networks Inc. substantially in the form and of the content attached as Appendix "A". Recorded Vote Yes No Abstain West Elgin Councillor Duncan McPhail X Dutton Dunwich Councillor Bob Purcell X Southwold Councillor Grant Jones X Central Elgin Councillor Sally Marlyn X Central Elgin Deputy Warden Tom Marks X Malahide Councillor Dave Mennill X Malahide Councillor Dominique Gi uere X Ba ham Councillor Ed Ketchabaw X Aylmer Warden Mary French X TOTAL 9 0 0 Motion Carried. 6.7 Elgin / Elgin / Municipal Property Assessment Corporation ("MPAC") - Parking Space Licence Agreement — General Manager of Engineering, Planning, & Enterprise/Deputy CAO The General Manager of Engineering, Planning, & Enterprise/Deputy CAO presented the report recommending the execution of a Parking Space Licence Agreement between Elgin County and MPAC for the period June 1, 2022 to May 31, 2023, and as applicable to two (2) parking spaces in the County Administration Building Parking Lot. Moved by: Councillor Mennill Seconded by: Deputy Warden Marks RESOLVED THAT the within Report to Council, dated March 15, 2022, and entitled "Elgin/Municipal Property Assessment Corporation ("MPAC') — Parking Space Licence Agreement", be received and filed; and THAT Council approve preparation and execution of a Parking Space Licence Agreement between Elgin County and MPAC for the period June 1, 2022 to May 31, 2023, and as applicable to two (2) parking spaces in the County Administration Building Parking Lot; and THAT the Warden and Chief Administrative Officer be authorized to execute the said Parking Space Licence Agreement for the period June 1, 2022 to May 31, 2023, and as applicable to two (2) parking spaces in the County Administration Building Parking Lot, as prepared by the County Solicitor. Recorded Vote Yes No Abstain West Elgin Councillor Duncan McPhail X Dutton Dunwich Councillor Bob Purcell X Southwold Councillor Grant Jones X Central Elgin Councillor Sally Marlyn X Central Elgin Deputy Warden Tom Marks X Malahide Councillor Dave Mennill X Malahide Councillor Dominique Gi uere X Ba ham Councillor Ed Ketchabaw X Aylmer Warden Mary French X Page 6 April 6, 2022 TOTAL 9 0 1 0 Motion Carried. 6.8 2021 County Road Maintenance Agreement— Financial Reporting — General Manager of Engineering, Planning & Enterprise/Deputy CAO The report has been deferred until the April 26, 2022 County Council meeting. 6.9 Surface Treatment and Microsurfacing (Tender No. 2022-T11) and Culvert Rehabilitations (Tender No. 2022-T12) - Tender Awards — General Manager of Engineering, Planning & Enterprise/Deputy CAO The General Manager of Engineering, Planning & Enterprise/Deputy CAO presented the report recommending that tender awards for surface treatment, microsurfacing, and culvert replacement projects be signed by the Warden and Chief Administrative Officer. Moved by: Councillor Ketchabaw Seconded by: Councillor Jones RESOLVED THAT Duncor Enterprises Inc. be selected to complete Surface Treatment and Microsurfacing on various roads, Tender No. 2022-T11 at a total price of $222,195.00 exclusive of H.S.T.; and THAT Gary D. Robinson Contracting Ltd. be selected to complete Culvert Rehabilitations on various roads, Tender No. 2022-T12 at a total price of $916,850.00 inclusive of a $25,000 contingency allowance and exclusive of H.S.T.; and THAT the Warden and Chief Administrative Officer be directed and authorized to sign the contracts. Recorded Vote Yes No Abstain West Elgin Councillor Duncan McPhail X Dutton Dunwich Councillor Bob Purcell X Southwold Councillor Grant Jones X Central Elgin Councillor Sally Marlyn X Central Elgin Deputy Warden Tom Marks X Malahide Councillor Dave Mennill X Malahide Councillor Dominique Gi uere X Ba ham Councillor Ed Ketchabaw X Aylmer Warden Mary French X TOTAL 9 0 0 Motion Carried. 6.10 COVID-19 Emergency Team Planning —March Update —Chief Administrative Officer The Chief Administrative Officer presented the report outlining updates to the County's COVID-19 response. Moved by: Councillor Martyn Seconded by: Councillor Mennill RESOLVED THAT the report titled "COVID-19 Emergency Team Planning — March Update" dated March 28, 2022 from the Chief Administrative Officer be received and filed. Page 7 April 6, 2022 Recorded Vote Yes No Abstain West Elgin Councillor Duncan McPhail X Dutton Dunwich Councillor Bob Purcell X Southwold Councillor Grant Jones X Central Elgin Councillor Sally Martn X Central Elgin Deputy Warden Tom Marks X Malahide Councillor Dave Mennill X Malahide Councillor Dominique Gi uere X Ba ham Councillor Ed Ketchabaw X Aylmer Warden Mary French X TOTAL 9 0 0 Motion Carried. 6.11 Donation Policy No. 1.1 — Chief Administrative Officer The report has been deferred until the April 26, 2022 County Council meeting. 6.12 Response to Ukraine Crisis — Chief Administrative Officer The report has been deferred until the April 26, 2022 County Council meeting. 7. COUNCIL CORRESPONDENCE 7.1 Items for Consideration 7.1.1 Letter from Dianne Wilson, Deputy Clerk/Records Management Coordinator, Municipality of Central Elgin with notice of a Central Elgin Council resolution regarding the 2022 East Road reconstruction project. Moved by: Councillor Ketchabaw Seconded by: Deputy Warden Marks RESOLVED THAT staff be directed to bring a report to County Council with respect to the 2022 East Road reconstruction project. Recorded Vote Yes No Abstain West Elgin Councillor Duncan McPhail X Dutton Dunwich Councillor Bob Purcell X Southwold Councillor Grant Jones X Central Elgin Councillor Sally Mart n X Central Elgin Deputy Warden Tom Marks X Malahide Councillor Dave Mennill X Malahide Councillor Dominique Gi uere X Ba ham Councillor Ed Ketchabaw X Aylmer Warden Mary French X TOTAL 9 0 0 Motion Carried. 7.2 Items for Information (Consent Agenda) 7.2.1 Shannon Smith, Acting Supervisor— Board Services, Thames Valley District School Board (TVDSB) with a letter to the Ministry of Education regarding TVDSB's Trustee distribution for the geographic areas of Elgin County, Oxford County, Middlesex County, and City of London. 7.2.2 Letter from Warden Mary French to Elgin County Local Municipal Partners requesting support for the initiative put forth by Karen Vecchio MP regarding Page 8 April 6, 2022 the Government of Canada's Platinum Jubilee of Her Majesty Queen Elizabeth II Awards. 7.2.3 St. Thomas Elgin Public Art Centre 2021 Annual Report. 7.2.4 City of Barrie with a resolution requesting that the Province of Ontario develop a plan of action to address joint and several liability. 7.2.5 SWIFT Monthly Project Update - February 2022. 7.2.6 Letter from Vince Romeo, Director of Education and Secretary, London District Catholic School Board, with notice of LDCSB approval of recommendations concerning Trustee distribution. 7.2.7 Letter from Lori -Ann Pizzolato, Chair, Thames Valley District School Board, in response to the Warden's recent letter to Jessica Johnson regarding the draft Rural Education Task Force report. Moved by: Councillor McPhail Seconded by: Councillor Giguere RESOLVED THAT Correspondence Items #7.2.1-7.2.7 be received and filed. Recorded Vote Yes No Abstain West Elgin Councillor Duncan McPhail X Dutton Dunwich Councillor Bob Purcell X Southwold Councillor Grant Jones X Central Elgin Councillor Sally Martn X Central Elgin Deputy Warden Tom Marks X Malahide Councillor Dave Mennill X Malahide Councillor Dominique Gi uere X Ba ham Councillor Ed Ketchabaw X Aylmer Warden Mary French X TOTAL 9 0 0 - Motion Carried. 8. OTHER BUSINESS 8.1 Statements/Inquiries by Members 8.1.1 Councillor Martyn announced that the Vimy Lecture is taking place April 9, 2022 at 2:00 p.m. at the Elgin County Heritage Centre. 8.1.2 Councillor Jones notified Council that Kettle Creek Conservation Authority recently obtained a donation of 46 acres of forest habitat from Ted and Duggie Gill and family for the creation of a new Conservation area near Talbotville. 8.1.3 Councillor Purcell asked for an update on the status of the County's declared state of emergency. The Chief Administrative Officer noted that the County, in coordination with local municipal partners, will rescind the state of emergency on April 8, 2022 at 10:00 a.m. 8.2 Notice of Motion None. 8.3 Matters of Urgency None. Page 9 April 6, 2022 9. CLOSED MEETING ITEMS Moved by: Deputy Warden Marks Seconded by: Councillor Jones RESOLVED THAT we do now proceed into closed meeting session in accordance with the Municipal Act to discuss the following matters under Municipal Act Section 239 (2): In -Camera Item #1 (b) personal matters about an identifiable individual, including municipal or local board employees, (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board — Litigation Update In -Camera Item #2 (b) personal matters about an identifiable individual, including municipal or local board employees — Organizational Update In -Camera Item #3 (b) personal matters about an identifiable individual, including municipal or local board employees — Organizational Update Recorded Vote Yes No Abstain West Elgin Councillor Duncan McPhail X Dutton Dunwich Councillor Bob Purcell X Southwold Councillor Grant Jones X Central Elgin Councillor Sally Marlyn X Central Elgin Deputy Warden Tom Marks X Malahide Councillor Dave Mennill X Malahide Councillor Dominique Gi uere X Ba ham Councillor Ed Ketchabaw X Aylmer Warden Mary French X TOTAL 9 0 0 Motion Carried. 10. MOTION TO RISE AND REPORT Moved by: Councillor Mennill Seconded by: Councillor Ketchabaw RESOLVED THAT we do now rise and report. Recorded Vote Yes No Abstain West Elgin Councillor Duncan McPhail X Dutton Dunwich Councillor Bob Purcell X Southwold Councillor Grant Jones X Central Elgin Councillor Sally Marlyn X Central Elgin Deputy Warden Tom Marks X Malahide Councillor Dave Mennill X Malahide Councillor Dominique Gi uere X Ba ham Councillor Ed Ketchabaw X Aylmer Warden Mary French X TOTAL 9 0 0 Motion Carried. Page 10 April 6, 2022 In -Camera Item #1 — Litigation Update Moved by: Councillor Jones Seconded by: Councillor Martyn RESOLVED THAT staff proceed as directed. Recorded Vote Yes No Abstain West Elgin Councillor Duncan McPhail X Dutton Dunwich Councillor Bob Purcell X Southwold Councillor Grant Jones X Central Elgin Councillor Sally Martyn X Central Elgin Deputy Warden Tom Marks X Malahide Councillor Dave Mennill X Malahide Councillor Dominique Gi uere X Ba ham Councillor Ed Ketchabaw X Aylmer Warden Mary French X TOTAL 9 0 0 - Motion Carried. In -Camera Item #2 — Organizational Update Moved by: Deputy Warden Marks Seconded by: Councillor Jones RESOLVED THAT staff proceed as directed. Recorded Vote Yes No Abstain West Elgin Councillor Duncan McPhail X Dutton Dunwich Councillor Bob Purcell X Southwold Councillor Grant Jones X Central Elgin Councillor Sally Martyn X Central Elgin Deputy Warden Tom Marks X Malahide Councillor Dave Mennill X Malahide Councillor Dominique Gi uere X Ba ham Councillor Ed Ketchabaw X Aylmer Warden Mary French X TOTAL 9 0 0 - Motion Carried. In -Camera Item #3 — Organizational Update Moved by: Councillor Ketchabaw Seconded by: Councillor Martyn RESOLVED THAT staff proceed as directed. Recorded Vote Yes No Abstain West Elgin Councillor Duncan McPhail X Dutton Dunwich Councillor Bob Purcell X Southwold Councillor Grant Jones X Central Elgin Councillor Sally Martyn X Central Elgin Deputy Warden Tom Marks X Malahide Councillor Dave Mennill X Malahide Councillor Dominique Gi uere X Ba ham Councillor Ed Ketchabaw X Page 11 April 6, 2022 Aylmer Warden Mary French X TOTAL 9 0 10 - Motion Carried. 11. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE WHOLE Moved by: Councillor Purcell Seconded by: Councillor Jones RESOLVED THAT we do now adopt recommendations of the Committee of the Whole. Recorded Vote Yes No Abstain West Elgin Councillor Duncan McPhail X Dutton Dunwich Councillor Bob Purcell X Southwold Councillor Grant Jones X Central Elgin Councillor Sally Marlyn X Central Elgin Deputy Warden Tom Marks X Malahide Councillor Dave Mennill X Malahide Councillor Dominique Gi uere X Ba ham Councillor Ed Ketchabaw X Aylmer Warden Mary French X TOTAL 1 9 0 0 - Motion Carried. 12. CONSIDERATION OF BY-LAWS 12.1 By -Law No. 22-19 — Confirming all Actions and Proceedings BEING a By -Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the April 6, 2022 Meeting. Moved by: Councillor Jones Seconded by: Councillor Mennill RESOLVED THAT By -Law No. 22-19 be now read a first, second and third time and finally passed. Recorded Vote Yes No Abstain West Elgin Councillor Duncan McPhail X Dutton Dunwich Councillor Bob Purcell X Southwold Councillor Grant Jones X Central Elgin Councillor Sally Marlyn X Central Elgin Deputy Warden Tom Marks X Malahide Councillor Dave Mennill X Malahide Councillor Dominique Gi uere X Ba ham Councillor Ed Ketchabaw X Aylmer Warden Mary French X TOTAL 9 0 0 - Motion Carried. 13. ADJOURNMENT Moved by: Deputy Warden Marks Seconded by: Councillor Ketchabaw RESOLVED THAT we do now adjourn at 2:38 p.m. to meet again on April 26, 2022 at 9:00 a.m. Page 12 April 6, 2022 Recorded Vote Yes No Abstain West Elgin Councillor Duncan McPhail X Dutton Dunwich Councillor Bob Purcell X Southwold Councillor Grant Jones X Central Elgin Councillor Sally Martn X Central Elgin Deputy Warden Tom Marks X Malahide Councillor Dave Mennill X Malahide Councillor Dominique Gi uere X Ba ham I Councillor Ed Ketchabaw X Aylmer Warden Mary French X TOTAL 9 0 0 Motion Carried. LJulie Gony u, Mary French, ef Administrative Officer. Warden.