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October 21, 2008 Minutes COUNTY COUNCIL 2008 Tuesday, October 21 The Elgin County Council met this day at the Administration Building, at 9:04 a.m., in accordance with adjournment, with all members present except Warden Hofhuis (arrived at 9:32 a.m.) Warden Hofhuis, Deputy Warden Habkirk took the Chair. Moved by Councillor Marks Seconded by Councillor Acre n the absence of the minutes of the meeting held on September 23, 2008 be adopted THAT Carried DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - None. DELEGATIONS Ms. Sandra Datars Sere, Director, Ontario Works and Social Housing, St. Thomas-Elgin Ontario Works, attended at 9:00 a.m. to present the St. Thomas-Elgin Ontario Works Services Plan 2008-2009. Ms. Datars Bere indicated Elgin-St. Thomas has the highest rate in the Province of 28.9% for persons on Social Assistance, which was calculated before the vast cuts in employment in the local manufacturing sector, and noted the increases are expected to continue. Moved by Councillor Wilson Seconded by Councillor Warwick THAT the presentation on the St. Thomas-Elgin Ontario Works Services Plan 2008-2009 from the Director of Ontario Works and Social Housing, St. Thomas-Elgin Ontario Works, be received and filed. Carried Deputy Warden Habkirk thanked the delegation for the presentation and Ms. Datars-Bere left the meeting at 9:10a.m Ms. Sine Herold attended at 9:11 a.m. to make a presentation regarding the need for a renal dialysis unit for St. Thomas and Elgin. There are no dialysis units in Elgin County and persons are required to travel to London for treatment. Ms. Herold indicated funding required for the unit is expected to be found by "repositioning" existing funds and further noted it is hoped that space for a clinic could be rented from the St. Thomas-Elgin Genera Hospital or other suitable central location. Ms. Herold requested Council to adopt a resolution supporting the creation of a renal dialysis unit in Elgin. Councillors suggested that Ms. Herold make a presentation to the St. Thomas-Elgin General Hospital Board of Directors to solicit their support as well. Moved by Councillor Wilson Seconded by Councillor Marks THAT the Council of the County of Elgin support in principle the establishment of a renal dialysis unit to serve residents of Elgin County and St. Thomas; utilizing the most efficient and cost effective method of service delivery available. Carried Unanimously. Deputy Warden Habkirk thanked Ms. Herold for the presentation and the delegation left at 9:32 a.m. 2008 October 21 2 County Counci 9:32 a.m. and took the Chair. Warden Hofhuis arrived in the Council Chambers at Moved by Councillor Mcintyre Seconded by Councillor Acre THAT we do now proceed in Committee Of The Whole Counci Carried Reports and n Public Art Centre - Warden Hofhuis Warden Hofhuis noted the Art Centre would be holding an auction on November 1st encouraged Councillors to attend. St. Thomas-EI Moved by Councillor Habkirk Seconded by Councillor Menn report on activities of the St. Thomas-Elgin Public Art Centre be received THAT the annual and filed Carried Museum - Councillor Habkirk Councillor Habkirk highlighted and expanded on items from the report. Staff noted negotiations are underway with the Port Stanley Terminal Railway to continue the stop at the County Building in the summer to enable train passengers to visit the Museum EI Moved by Councillor Habkirk Seconded by Councillor Acre the annual report on activities of the Elgin County Museum be received and filed THAT Carried Terrace LodQe Ambulance Base Update - Councillor Wilson Councillor Wilson noted the basement that was included in plans for the building cannot be built due to flood level concerns from the Conservation Authority. Moved by Councillor Habkirk Seconded by Councillor Mcintyre THAT the report "Terrace Lodge Ambulance Base Update" dated October 1, 2008, from Councillor Wilson, Chair, Ambulance Base Building Committee, be received and filed. a plaque Carried Councillor Mcintyre was excused at 9:49 a.m. to attend at Elgin Manor to present recognizing the efforts of Region 1 Auxiliaries, on behalf of Warden Hofhuis. Council Per Diems - Chief Administrative Officer Councillors spoke to their contributions to various committees and compensation received indicating they did not believe a per diem for meetings was necessary. Council discussed increasing per diems for conferences to $150.00, as previously recommended in the compensation review document, as well as increasing the conference budgetary amou as the present $2,000.00 yearly limit does not cover costs incurred. nt, 2008 October 21, 3 County Counci Moved by Councillor Wilson Seconded by Councillor Acre the Chief THAT the report "Council Per Diems" dated September 16, 2008, from Administrative Officer be received and filed. Carried Moved by Councillor Warwick Seconded by Councillor Vowel THAT the per diems for conference/workshop attendance be increased to $150.00, effective January 1, 2009, and the conference line in the budget be increased to reflect actual costs anticipated for consideration during the 2009 budget deliberations. Carried ations - Chief Admmistrative Officer Procedure for Police Investi Moved by Councillor Wilson Seconded by Councillor Marks Police Investigations dated September THAT the following Policy for the Procedure for 1yth, 2008 be approved for implementation When an Officer of the Law approaches a County department requesting the temporary removal of County property, the following policy is to be followed: Card) then the Officer's Police Force (Warrant A badge must be shown along with photo identification of the Officer If there is any doubt as to the Officer's authenticity, must be called for verification: 1) 2) A duly executed Warrant signed by a Judge/Justice of the Peace must be issued before the item leaves the premises; 3) must be contacted before the Chief Administrative Officer The relevant Director or material is released; 4) item is released from County A receipt for the item must be provided before the custody. 5) Carried Road at Sparta - Chief Admmistrative Officer Moved by Councillor Acre Seconded by Councillor Menn Quaker riation Expro from THAT the report "Expropriation - Quaker Road at Sparta" dated October 17, 2008 the Chief Administrative Officer be received and filed. Carried took a break at 10:07 a.m. and reconvened at 10:20 a.m Annual Reauest to Carl Forward 2008 Vacation - Director of Senior Services Bobier Villa and Elain Manor Counci Moved by Councillor Marks Seconded by Councillor Habkirk THAT the report "Annual Request to Carry Forward 2008 Vacation" dated October 6,2008 from the Director of Senior Services, Bobier Villa and Elgin Manor be received and filed. Carried 2008 October 21 Ministl of Health & Lon Term Care LHIN - PSW Fundma Announcement- Directors of Senior Services. Bobier Villa & Elain Manor and Terrace LodQe 4 County Counci Moved by Councillor Habkirk Seconded by Councillor Menn THAT the report "Ministry of Health & Long Term Care LHIN - PSW Funding Announcement" dated October 8, 2008, presented by the Director of Senior Services Terrace Lodge be received and filed. & ro Carried nsurance - Pa Excess Indemni Renewal 2009 - Occupational Accident Benefits Coordinator. Director of Finance Moved by Councillor Mennill Seconded by Councillor Habkirk Coverage for 2009 in THAT the Excess Indemnity Coverage and Occupational Accident the amount of approximately $75,377 be approved; and, the WSIB Reserve Account. the premium be funded from THAT and Cultural Carried - Director of Communi Moved by Councillor Marks Seconded by Councillor Warwick THAT the leased 2006 GM Savana be purchased for the buy-out residual price of $14,144.11 inclusive of taxes plus other applicable charges related to the purchase of the vehicle with funds allocated from the Capital-Vehicle Replacement Fund and from Surplus Capital Funds (approximately $5,200.00). and Cultural Carried - Director of Commun ue at Rodne Socie Horticultura Services Moved by Councillor Warwick Seconded by Councillor Acre to install a THAT permission be granted to the Rodney & District Horticultural Society commemorative plaque inside the Rodney Library. and Cultural Carried Office - Director of Commun Surplus Furniture at Land Re Services The Director of Community and Cultural Services was directed to request an on-site visit at the Court House to photograph and to update the inventory of County-owned furniture that is housed in the building. Moved by Councillor Wilson Seconded by Councillor Marks THAT any furniture and assets belonging to the County of Elgin located at the Elgin County Land Registry Office in St. Thomas of on-going or historic value to the County be claimed by the end of 2008; and, 2008 to the Province of Ontario or be declared surplus by the October 21 5 County Counci THAT all other assets be offered end of 2008; and, to THAT the Province of Ontario be released from any further claims by the County furniture and equipment at the Registry Office effective January 1, 2009. and Carried - Director of Commun New Slanaae m Front of Admmistration Buildin Cultural Services Moved by Councillor Menni Seconded by Councillor Vowel THAT promotional signage with a digital display board be installed in front of the Elgin County Building adjacent to Sunset Drive that incorporate the County's new brand; and to an upset THAT funds be drawn from the operating budget of the Elgin County Library limit of $30,000 and in accordance with the County's purchasing policy. Carried Coordinator ment and Marketin Moved by Councillor Warwick Seconded by Councillor Marks Tourism Pro Coun the THAT the report "County Tourism Progress Report" dated October 9,2008, from Tourism Development and Marketing Coordinator be received and filed. Carried Mcintyre returned to Council Chambers at 10:49 a.m New Sarum School - Director of Zone Councillor es Moved by Councillor Habkirk Seconded by Councillor Mcintyre THAT the request for the establishment of a Community Safety Zone in New Sarum School area from the Municipality of Central Elgin be denied for the reasons of not meeting the County's warrant policy criteria. These were recorded as follows: Marks requested a recorded vote Councillor ABSENT NAYS YEAS Warwick Vowel Mcintyre Marks Wilson Mennill Habkirk Acre Hofhuis 5 the motion was defeated 4 of the Recorded Vote, TOTAL As a result 2008 October 21 6 County Counci Moved by Councillor Marks Seconded by Councillor Menn THAT the request for the establishment of a Community Safety Zone in New Sarum School area frorn the Municipality of Central Elgin be granted with all costs being borne by the Municipality. Carried 2008 - Director of Financial Services arison to AUQust 31 Moved by Councillor Mcintyre Seconded by Councillor Acre THAT the report "Budget Comparison to August 31, 2008" dated September 25, 2008 from the Director of Financial Services be received and filed Carried - Director of Financial Services Moved by Councillor Habkirk Seconded by Councillor Wilson Reserve Polic WHEREAS, Council acknowledges that an adequate undesignated reserve balance is essential in maintaining the County's strong financial standing, and; WHEREAS, should the County rnove into a borrowing or debenture situation, a healthy undesignated reserve balance provides evidence to bond rating agencies of financial stability and credit worthiness, and; reserve balance can provide for capital expenditures, revenue shortfalls, and one-time expenditures; WHEREAS, an undesignated unanticipated emergency expenses NOW, THAT an amount equal to at least 10% of operating revenues be established as a minimum undesignated reserve balance that the following be adopted it resolved THEREFORE be 1 THAT annually, until such time as the undesignated reserve balance is equal to 10% of operating revenues, no less than $200,000 be budgeted for the Mill Rate Stabilization Reserve. 2 THAT, in the event of an operating surplus and until such time as the 10% target is met, as a minimum the first $250,000 of the surplus be set aside in the Mill Rate Stabilization Reserve 3. 4. THAT Council may determine to expend or reserve amounts greater than that listed above based on the immediate or long-term needs of the County. Carried Unanimously. CORRESPONDENCE nformation (Consent Aaenda Peter Hume, President, Association of Municipalities of Ontario, thanking the membership for their support, outlining some issues the Association will be working on in the coming year and with a copy of the 2007 Annual Report. Items for 1 R. Millard, CAO.lClerk, Township of Malahide, with copy of correspondence to the Ministry of the Environrnent concerning the Imperial Tobacco Waste Disposa Application for soil washing within the Town of Aylmer. 2 Hon. Dalton McGuinty, Premier of Ontario; and M. Bredeson, Executive Correspondence Officer, Office of the Prime Minister; acknowledging Council's resolution concerning the protection of Canada's water resources. 3 Thank card from Councillor Jim Mcintyre's family. 4. 2008 to be held at the October 21, 7 Central Community Health Centre, announcing a Community Forum St. Thomas Seniors' Centre on November 5, 2008. County Counci 5 Danny Brouillette, NManager, Enabling Accessibility Fund, Office for Disability Issues, Human Resources and Social Development Canada, advising the County's grant application for a barrier free accessibility ramp upgrade submitted under the Small Projects Enabling Accessibility Fund Program was approved for $50,000.00 6 Moved by Councillor Habkirk Seconded by Councillor Acre THAT Correspondence Items #1-6 be received and filed Carried Concerning Correspondence Item #2, Councillor Habkirk indicated that the Imperial Tobacco Waste Disposal application for soil washing within the Town of Aylmer has been granted. (* see correction on page 8 of Minutes) OTHER BUSINESS Members Councillor Acre announced that the Edison Museum will be holding their Annual Murder Mystery and Silent Auction on November 1 st and that she has tickets available for sale Statements/In Councillor Mcintyre requested the status of rehabilitation of railroad crossings in western Elgin County. The Director of Engineering Services indicated the railroad indicated a year or so ago that the crossing remediation is on their workplan, but nothing has been done to date. Councillor Habkirk congratulated Councillor Warwick for putting his name forward for the position of 2009 Warden and indicated he would also be running for the position. Councillor Vowel noted that the service centre in the west end of the County is closed completely for recor,lstruction and is not even available for parking purposes. The OPP has asked DuttonlDunwich for consideration to access the municipal fuel supply in the interim until the service centre reopens The Deputy Clerk reminded Councillors that the November 25th Council Meeting is also Student Day and asked Councillors to inform staff by November 18th if they are bringing a student, for preparation purposes The Deputy Clerk requested that Councillors who are not attending the OGRNROMA Conference February 22-25, 2009 to inform staff before November 1 yth as once the rooms are booked the charges are non-refundable. Notice of Motion - None. - None. Moved by Councillor Marks Seconded by Councillor Mcintyre Matters of Url THAT we do proceed in a Closed Meeting at 11 :47 a.m., in accordance with the Municipal Act, to discuss matters under Section 239 and 240.2(b) personal matters about identifiable individuals regarding contract negotiations for waste management; Tree By-Law Violations; and the performance review of the Chief Administrative Officer. Carried The County Tree Commissioner attended at 11 :47 a.m. and left Council Chambers at 12:07 p.m. Council recessed for lunch at 12:07 p.m. and reconvened at 12:45 p.m. without staff in attendance, to discuss the performance review of the Chief Administrative Officer. 2008 October 21 8 County Counci Chief Admmistrative Officer's Performance Evaluation The Chief Administrative Officer returned to the Council Chambers at 1 :25 p.m. and was informed of a successful annual review the details of which would be discussed directly with Warden Hofhuis. Moved by Councillor Habkirk Seconded by Councillor Mcintyre and report. 30p.m rise at 1 THAT we do now Carried Moved by Councillor Habkirk Seconded by Councillor Menn THAT the services of GWG Resources be retained to perform an investigation of violations of the Woodlands Conservation By-Law at Lot 20, Concession 4, Township of Malahide and, THAT based on the results of the investigation, subject to concurrence of the County Solicitor, charges be laid under the Woodlands Conservation By-Law; and, THAT subject to concurrence of the County Solicitor, a media release be issued regarding the upcoming court appearance on October 23rd of individuals involved in tree by-law violations in the Municipality of Bayham in order to help curtail further violations of the Woodlands Conservation By-Law. Carried Moved by Councillor Mcintyre Seconded by Councillor Marks THAT the report concerning Woodlands Conservation By-Law violations in the Municipality of West Elgin be received and filed. Carried Moved by Councillor Acre Seconded by Councillor Menn THAT the County Chief Administrative Officer be authorized and directed to conclude the negotiations with the City of Toronto on behalf of the participating municipalities for the development of a disposal agreement and common tipping fee at the Green Lane Landfi site; and, execution the necessary agreements be prepared for THAT Carried * Correspondence for Consent Item #2 - Councillor Habkirk had previously indicated that the application for soil washing within the Town of Aylmer had been granted; however, clarification was sought regarding the process and it was found that the Ministry of the Environment and the University of Guelph have called a meeting on October 28, 2008 at 9:00 a.m. to explain the application for a certificate for cleanup of DDT on the Imperial Tobacco property, to alleviate any concerns that affected municipalities may have. No certificate of approval has been granted as of this date and Councillor Habkirk apologized for relaying incorrect information. Moved by Councillor Vowel Seconded by Councillor Marks THAT we do adopt the recommendations of the Committee Of The Whole Counci Carried 2008 October 21 9 County Counci BY-LAWS Moved by Councillor Mcintyre Seconded by Councillor Menn THAT By-Law No. 08-28 "A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the October 21, 2008 Meeting" be read a first, second and third time and finally passed. Carried Moved by Councillor Marks Seconded by Councillor Warwick 9:00 a.m to meet again on November 25, 2008 at Carried 30p.m THAT we do now adjourn at 1 Marl , Chief Administrative Officer.