ELGIN COUNTY COUNCIL

MINUTES

Tuesday, September 26, 2023 at 9:00 A.m. - 12:00 P.m.

Council Chambers

450 Sunset Drive

St. Thomas ON

Members Present:

• Warden Ed Ketchabaw
• Deputy Warden Grant Jones
• Councillor Dominique Giguère
• Councillor Mark Widner
• Councillor Jack Couckuyt
• Councillor Andrew Sloan
• Councillor Todd Noble
• Councillor Mike Hentz
• Councillor Richard Leatham (virtual)

Staff Present:

• Don Shropshire, Chief Administrative Officer/Clerk
• Brian Masschaele, Director of Community & Cultural Services
• Amy Thomson, Director of Human Resources (virtual)
• Jennifer Ford, Director of Financial Services/Treasurer
• Nicholas Loeb, Director of Legal Services
• Jenna Fentie, Manager of Administrative Services/Deputy Clerk
• Mike Hoogstra, Manager of Purchasing and Risk
• Ryan Terpstra, Manager of Corporate Facilities
• Carolyn Krahn, Manager of Economic Development, Tourism & Strategic Initiatives
• Stefanie Heide, Legislative Services Coordinator

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1.

CALL TO ORDER

The meeting was called to order at 9:00 a.m. with Warden Ketchabaw in the chair. 

2.

ADOPTION OF MINUTES

• Moved by: Councillor Sloan
  Seconded by: Councillor Noble

  RESOLVED THAT the minutes of the meeting held on September 12, 2023 be adopted.

  Motion Carried.

3.

DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

Warden Ketchabaw declared a pecuniary interest in regards to Item 6.1 - John Mascarin, Aird & Berlis LLP, Integrity Commissioner for the County of the Elgin - Integrity Commissioner Report on Code of Conduct Complaint 2023-01. Warden Ketchabaw will not participate in the discussion or vote on this item. 

4.

PRESENTING PETITIONS, PRESENTATIONS AND DELEGATIONS

4.1

10:00 a.m. - St. Thomas-Elgin Social Services - 2023 Update

Representatives from St. Thomas - Elgin Social Services provided updates on the activities of Ontario Works, Housing & Homelessness Services, and Children's Services. 

• Moved by: Councillor Couckuyt
  Seconded by: Councillor Giguère

  RESOLVED THAT the presentation from St. Thomas - Elgin Social Services be received and filed. 

  Motion Carried.

5.

COMMITTEE OF THE WHOLE

• Moved by: Councillor Widner
  Seconded by: Councillor Noble

  RESOLVED THAT we do now move into Committee of the Whole Council.

  Motion Carried.

6.

REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF

6.1

John Mascarin, Aird & Berlis LLP, Integrity Commissioner for the County of Elgin - Integrity Commissioner Report on Code of Conduct Complaint 2023-01

John Mascarin, Aird & Berlis, LLP, Integrity Commissioner for the County of Elgin presented the findings of his investigation related to complaint that Warden Ketchabaw contravened Sections 8.1 and 8.2 of the Code of Conduct. 

• Moved by: Councillor Hentz
  Seconded by: Councillor Giguère

  RESOLVED THAT the Integrity Commissioner report titled "Integrity Commissioner Report on Code of Conduct Complaint 2023-01" dated September 19, 2023 be received; and
  
  THAT a formal reprimand be issued to Warden Ketchabaw for contravening Sections 8.1. and 8.2 of the Code of Conduct; and
  
  THAT Council impose a suspension of the remuneration paid to Warden Ketchabaw for a period of 10 days as a result of violating the Code of Conduct, in particular Sections 8.1 and 8.2 of the Code.

  Defeated.
• Moved by: Councillor Hentz
  Seconded by: Councillor Giguère

  RESOLVED THAT the Integrity Commissioner report titled "Integrity Commissioner Report on Code of Conduct Complaint 2023-01" dated September 19, 2023 be received.

  Motion Carried.
• Moved by: Councillor Hentz
  Seconded by: Councillor Giguère

  RESOLVED THAT a formal reprimand be issued to Warden Ketchabaw for contravening Sections 8.1. and 8.2 of the Code of Conduct; and
  
  THAT Council impose a suspension of the remuneration paid to Warden Ketchabaw for a period of 10 days as a result of violating the Code of Conduct, in particular Sections 8.1 and 8.2 of the Code.

  Defeated.
• Moved by: Councillor Widner
  Seconded by: Councillor Couckuyt

  RESOLVED THAT a formal reprimand be issued to Warden Ketchabaw for contravening Sections 8.1. and 8.2 of the Code of Conduct with no monetary penalty. 

  Motion Carried.

6.2

Director of Community and Cultural Services and Director of Financial Services/Treasurer - County Websites Hosting and Redevelopment Project Award

The Director of Community and Cultural Services and Director of Financial Services/Treasurer presented the report recommending a path forward for the development of the County's websites for Council's consideration.

• Moved by: Councillor Couckuyt
  Seconded by: Councillor Giguère

  RESOLVED THAT the Warden and Chief Administrative Officer be authorized to execute an agreement for the redevelopment of County of Elgin websites pertaining to all County services, including tourism and economic development, to Sandbox Software Solutions at a total cost of $114,725 plus unrebated HST and annual maintenance costs with funds drawn from 2023 and 2024 budget years subject to the terms, costing analysis and conditions laid out in the report titled “County Websites Hosting and Redevelopment Award”; and
  
  THAT the Warden and Chief Administrative Officer be authorized to execute an agreement for the immediate transfer of all existing County websites to a hosted solution through Sandbox Software Solutions at a cost of $4,800; and
  
  THAT the Province of Ontario be notified of this award under the terms of the funding agreement with the County of Elgin through the Rural Economic Development Program for the project “Re-Imagining Elgin County’s Websites: Creating Tech-Forward Municipal and Tourism Hubs”.

  Motion Carried.

6.3

Manager of Procurement & Risk - Ambulance Vehicle Replacements - 2023 & 2024

The Manager of Procurement & Risk presented the report detailing ambulance fleet replacements for 2023 and 2024.

• Moved by: Deputy Warden Jones
  Seconded by: Councillor Widner

  RESOLVED THAT the report titled "Ambulance Vehicle Replacements - 2023 & 2024" dated September 15, 2023 from the Manager of Procurement & Risk be received and filed; and
  
  THAT the Manager of Procurement & Risk be authorized to issue a purchase order to Crestline Coach Ltd., for two ambulances to be purchased in 2023, at the quoted price of $524,705 plus applicable taxes as approved in the 2023 Capital Budget; and
  
  THAT staff be authorized to purchase two ambulances in 2024 from Crestline Coach Ltd., subject to capital budget approval and sufficient funding; and
  
  THAT two ambulances each be declared surplus in 2023 and 2024 and be disposed of according to the Asset Disposal Policy. 

  Motion Carried.

6.4

Manager of Corporate Facilities - Natural Gas Standby Power Generators (POA Courthouse and EMS Headquarters) (Tender No. 2023-T34) - Tender Award

The Manager of Corporate Facilities presented the report seeking Council's approval to award the tender for the installation of Natural Gas Standby Power Generators at the Provincial Offences Administration (POA) Courthouse and EMS Headquarters to Clark-Haasen Electric. 

• Moved by: Councillor Hentz
  Seconded by: Deputy Warden Jones

  RESOLVED THAT Clark-Haasen Electric be selected to complete the installation of Natural Gas Standby Power Generators at the POA Courthouse and EMS Headquarters, Tender No. 2023-T34 at a total price of $258,300.00 exclusive of H.S.T.; and
  
  THAT the Warden and Chief Administrative Officer be authorized to sign the contract.

  Motion Carried.

6.5

Manager of Economic Development, Tourism and Strategic Initiatives - Request for Support - Elgin Business Resource Centre for "The Pitch"

The Manager of Economic Development, Tourism and Strategic Initiatives presented the report seeking Council's support for the sponsorship request submitted by the Elgin Business Resource Centre for their annual business competition "The Pitch". 

• Moved by: Deputy Warden Jones
  Seconded by: Councillor Couckuyt

  RESOLVED THAT Elgin County Economic Development sponsor the Elgin Business Resource Centre's annual business competition "The Pitch" in the amount of $1,000.

  Motion Carried.

6.6

Manager of Economic Development, Tourism and Strategic Initiatives - Request for Support - Young Entrepreneurs Initiative

The Manager of Economic Development, Tourism and Strategic Initiatives presented the report seeking Council's approval to support the sponsorship request from the Elgin Business Resource Centre for their Young Entrepreneurs Initiative.

• Moved by: Councillor Widner
  Seconded by: Councillor Sloan

  RESOLVED THAT Elgin County Economic Development sponsor the Young Entrepreneurs Initiative in the amount of $1,000.

  Motion Carried.

7.

COUNCIL CORRESPONDENCE

7.1

Items for Consideration

None.

7.2

Items for Information (Consent Agenda)

• Moved by: Councillor Sloan
  Seconded by: Councillor Noble

  RESOLVED THAT Correspondence Item #7.2.1 be received and filed. 

  Motion Carried.

7.2.1

Accessibility Open House Event Flyer

8.

OTHER BUSINESS

8.1

Statements/Inquiries by Members

Councillor Widner expressed concerns regarding the traffic increase on County Road #52 due to the development of the VW plant, and asked whether there is a plan from the Province to address this. He also raised concerns regarding the increase in accidents on County Roads #52 and #74. The Chief Administrative Officer indicated that he will pass on the concern to the County's Engineering department, and noted that the Province does complete a road condition index at the beginning of any major road construction with detour.  

The Chief Administrative Officer provided clarification regarding an earlier question posed by Councillor Widner during Item #6.3. The Chief Administrative Officer received confirmation from the Manager of Procurement & Risk that the ambulance vehicles are gas, not diesel. 

8.2

Notice of Motion

None.

8.3

Matters of Urgency

None.

9.

CLOSED MEETING ITEMS

• Moved by: Deputy Warden Jones
  Seconded by: Councillor Widner

  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):
  
  Closed Meeting Item #1 - September 12, 2023 Closed Meeting Minutes
  
  Closed Meeting Item #2 - Human Resources Update
  
  (b) personal matters about an identifiable individual, including municipal or local board employees. 
  
  Closed Meeting Item #3 - Advice re: OLT 23-000770
  
  (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose. 

  Motion Carried.

9.1

Closed Meeting Minutes - September 12, 2023

9.2

Director of Human Resources - Human Resources Update

9.3

Director of Legal Services - Advice re OLT 23-000770

10.

MOTION TO RISE AND REPORT

• Moved by: Councillor Hentz
  Seconded by: Councillor Widner

  RESOLVED THAT we do now rise and report.

  Motion Carried.

• Closed Meeting Item #1 - Closed Meeting Minutes - September 12, 2023

  Moved by: Councillor Sloan
  Seconded by: Deputy Warden Jones

  RESOLVED THAT the closed meeting minutes from the meeting held on September 12, 2023 be adopted. 

  Motion Carried.

• Closed Meeting Item #2 - Human Resources Update

  Moved by: Councillor Sloan
  Seconded by: Councillor Noble

  RESOLVED THAT the confidential report from the Director of Human Resources be received for information. 

  Motion Carried.

• Closed Meeting Item #3 - Advice re: OLT 23-000770

  Moved by: Councillor Hentz
  Seconded by: Deputy Warden Jones

  RESOLVED THAT the confidential report from the Director of Legal Services be received for information; and
  
  THAT the Director of Legal Services proceed as directed. 

  Motion Carried.

11.

MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE WHOLE

• Moved by: Councillor Sloan
  Seconded by: Councillor Noble

  RESOLVED THAT we do now adopt recommendations of the Committee of the Whole.

  Motion Carried.

12.

CONSIDERATION OF BY-LAWS

12.1

By-Law No. 23-37 - Appointment of Community Emergency Management Coordinator

BEING a By-Law to Appoint a Community Emergency Management Coordinator (CEMC) for the County of Elgin and to Repeal By-Law No. 22-44 and 21-08. 

• Moved by: Councillor Hentz
  Seconded by: Councillor Sloan

  RESOLVED THAT By-Law No. 23-37 be now read a first, second, and third time and finally passed. 

  Motion Carried.

12.2

By-Law No. 23-38 - Confirmation

BEING a By-law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the September 26, 2023 Meeting. 

• Moved by: Deputy Warden Jones
  Seconded by: Councillor Sloan

  RESOLVED THAT By-Law No. 23-38 be now read a first, second, and third time and finally passed. 

  Motion Carried.

13.

ADJOURNMENT

• Moved by: Councillor Widner
  Seconded by: Councillor Couckuyt

  RESOLVED THAT we do now adjourn at 10:58 a.m. to meet again on October 10, 2023 at 9:00 a.m.

  Motion Carried.