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November 25, 2008 Minutes After much discussion, Councillors requested that MPAC and OMAFRA have a serious discussion regarding farm property that has been re-classed as residential, and whether a change such as this can be flagged earlier in the process so that the issue can be brought to the attention of the property owner to avoid the situation where the property is improperly assessed and report back on the outcome of the meeting. Mr. Terry Day, Municipal Relations Representative, MPAC, attended at 9:15 a.m provide an overview of MPAC's 2008 Market Value Assessment Notice changes. to Warden Hofhuis thanked Mr. & Mrs. Phillips for their the delegation left at 9:14 a.m efforts on behalf of the County and Carried THAT the report entitled "Town Crier be received and filed Moved by Councillor Wilson Seconded by Councillor Mcintyre Annual Report for 2008" from the County Town Crier Mr. Dave Phillips, Town Crier, attended at 9:00 a.m. to present the 2008 Town Crier Annual Report. Mr. Phillips highlighted activities carried out during 2008 and thanked Council for the opportunity to represent the County at events. Mr. Phillips also recognized his wife for her support of his endeavours on behalf of the County. DELEGATIONS The Director of Community & Cultural Services and the Manager of Administrative Services were excused from the meeting to carry out a short information program with the students. Warden Hofhuis welcomed all in attendance to Council's "Student Education Day". County Council and Senior Staff, in turn, introduced the student they brought to observe the proceedings of today's Council meeting Councillors Mcintyre, Vowel, and Wilson declared a conflict with regard to Closed Meeting Item #1 concerning a lease at 99 Edward Street, as it might prejudice their position as a Council appointee on the Board of Health. At the appropriate time the Councillors vacated the Council Chambers and refrained from discussing and voting on the item. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF- Carried THAT Moved by Councillor Mennill Seconded by Councillor Acre the minutes of the meeting held on October 21 2008 be adopted Warden Hofhuis welcomed Jim Bundschuh. new Director of Financial Services County of Elgin. to the Warden Hofhuis In the Chair. The Elgin County Council met this day at the Administration Building, at 9:00 a.m accordance with adjournment, with all members present. ., in Tuesday, November 25. 2008 COUNTY COUNCIL Carried THAT the report "Summer Student Subsidy Reimbursement" dated November 25,2008 presented by the Director of Human Resources, be received and filed Moved by Councillor Mcintyre Seconded by Councillor Marks Summer Student Subsid Reimbursement - Human Resources Assistant Carried THAT the report 2008 Network Security Audit dated November 25.2008 from of Information Technologies, be received and filed. Moved by Councillor Habkirk Seconded by Councillor Menn the Director 2008 Network Securi Audit - Director of Information Technolo!1ies Carried THAT the funding for the creation of the wireless network be taken from Information Technologies Operating Budget. the 2008 THAT a wireless network be Installed at Terrace Lodge and Bobier Moved by Councillor Habkirk Seconded by Councillor Acre Villa: and Terrace Lod!1e and Bobier Villa Wireless Networks - Director of Technolo!1ies THAT the Year End Report for 2008 from received and filed. nformation the Tree CommissionerlWeed Inspector be Carried Moved by Councillor Marks Seconded by Councillor Habkirk Year End Report for 2008 Tree CommissionerlWeed Inspector REPORTS Carried THAT we do now proceed in Committee Of The Whole Counci Moved by Councillor Mcintyre Seconded by Councillor Acre Council took a short recess at 10:00 a.m students in attendance. and reconvened at 10 Day for the presentation and the delegation left at 10:00 a.m 12 a.m. with staff and Warden Hofhuis thanked Mr. THAT the presentation from Mr. received and filed. Carried Moved by Councillor Habkirk Seconded by Councillor Acre Terry Day, Municipal Relations Representative, MPAC be County Council 2 November 25, 2008 THAT this tax ratio shall apply to or omitted assessment notice on taxation as of the effective date of the first supplementary the property; and THAT Council approve a tax ratio of one Housing Inc. Project; and, Moved by Councillor Warwick Seconded by Councillor Vowel (1) for the Dutton & District Lions Non-Profit Caledonia Two - Tax Reduction - Director of Financial Services Carried THAT the report "Budget Comparison - September 30,2008" dated October 21 the Director of Financial Services, be received and filed. Moved by Councillor Marks Seconded by Councillor Menn 2008 from arison September 30, 2008 - Director of Financial Services THAT the policy titled "Tangible Capita Services be approved. Carried Moved by Councillor Habkirk Seconded by Councillor Mcintyre Assets Policy" from the Director of Financial Tan ital Asset Policv - Director of Financial Services Carried THAT the increases to fees and charges contained in the report entitled Amendments to the Fees and Charges By-Law Summary Report" be adopted and the appropriate by-law be prepared Moved by Councillor Habkirk Seconded by Councillor Vowel Amendments to the Fees and Char Administrative Services -Law Summa Carried THAT THAT the Warden and the Chief Administrative Officer be authorized and directed to sign the necessary documents and agreements; and, the necessary amending by-law be prepared THAT the County's composite budget for 2009 make provision for said fees estimated at $3,100 for retainer and an estimate for possible investigation(s); and THAT Elgin County agrees to pay Mr. Maddox's retainer fee for each of the participating lower-tier municipalities in Elgin County; and, THAT Mr. John Maddox (JGM Consulting) be re-appointed as Closed Meeting Investigator for the County of Elgin for a further one-year term (2009); and Moved by Councillor Wilson Seconded by Councillor Marks A County Council ointment of Closed Meetin ator for 2009 - Chief AdmInistrative Officer 3 November 25, 2008 THAT the contract price for year one is $43.011 also an adjustment for insurance; and also and be adjusted each year by the CPI and THAT the Warden and the Chief Administrative Officer be directed and authorized to sign a contract with Ontario Clean Water Agency to start on January 1, 2009 and terminate on December 31, 2013; and, Moved by Councillor Warwick Seconded by Councillor Mennil EI!1in Manor Wastewater Treatment Plant - Services Plant Operator - Director of En Carried THAT commencing in 2009 an Annual Warden's Charity Golf Tournament to benefit the United Way is authorized THAT the newly formed committee be called Committee; and the Elgin County United Way Special Events THAT the amalgamation of the Special Events Committee and be approved; and, Moved by Councillor Marks Seconded by Councillor Habkirk the United Way Committee Amal!1amation - Special Events Committee and United Way Committee - Financial Analyst, Purchasin Co-ordinator Carried THAT Moved by Councillor Acre Seconded by Councillor Vowel the 2009 mileage reimbursement rate be frozen at the 2008 rate of $.495/kilometre Milea!1e Reimbursement 2009 - Director of Financial Services Carried THAT THAT the general ledger balance of ($14,389.48) Reinvestment be written off; and, the above entries be made to the Mill Rate Stabilization Reserve. THAT the genera off; and, for the National Child Benefit ledger balance of $36.229.55 for the Sesquicentennial Atlas be written THAT the general ledger and,' balance of $45,536.62 for Moved by Councillor Habkirk Seconded by Councillor Mcintyre nter-municipal Transfers be written off; Outstandin Balances General Led!1er - Director of Financial Services Carried THAT the Municipality of Dutton/Dunwich be requested to keep the County of Elgin apprised as to the status of the assessment on this property. THAT a by-law be prepared: and County Council 4 November 25, 2008 THAT the inter-municipal agreement with the Regional Municipality of Durham for the collection of Defaulted POA Fines be reviewed and renewed for an additional term offive years; and, Moved by Councillor Wilson Seconded by Councillor Marks Jennifer Ford, Financial Analyst, introduced Mr. Joel Nicholson, Supervisor, POA Collection, and Mr. Jim Clapp, Commissioner of Finance and Treasurer, Region of Durham, who attended at 11 :25 a.m., to speak to the Collection Services Purchase Agreement for defaulted Provincial Offences fines. Mr. Clapp highlighted the partnership with the County of Elgin during the past two years, commented on the good working relationship, and spoke to the substantial fines collected on the County's behalf. The report entitled "Collection Services Purchase Agreement Update" from the County Financial Analyst was considered. Carried THAT the report "Jamestown Bridge" dated November 17. 2008 from Engineering Services be received and filed. Moved by Councillor Mcintyre Seconded by Councillor Menn the Director of Jamestown BridQe - Director of En Student Participation The students, through designated speakers, provided insight into their discussions and recommendations on the Vienna Bridge report. Services Carried THAT THAT the Vienna Bridge be kept in a state of repair that enables vehicles with appropriate weight configurations to cross safely; and, the Vienna Bridge continue to be evaluated and monitored on a regular basis THAT the Vienna Bridge continue to be Included in the County of Elgin's Capital Needs List; and Moved by Councillor Habkirk Seconded by Councillor Warwick Council stressed the need to communicate the decision of Council and the rationale that led to the decision to the complainant. The letter to the ratepayer will be copied to Council The Vienna Brid ,tions for Consideration - Director of En Services Carried THAT the first three regular County Council meeting dates in 2009 be forwarded to Industry Canada as potential dates for a communications event recognizing Federal funding contributions to County infrastructure projects. Moved by Councillor Wilson Seconded by Councillor Mcintyre COMRIF and COIP Communications Event - Depu Services Director of En Carried THAT County Council the contract be extended for a further two years if agreed to by both parties. 5 November 25, 2008 Carried THAT staff proceed with the purchase of promotional items to an upset funds drawn from the Millrate Stabilization Reserve. Moved by Councillor Habkirk Seconded by Councillor Marks imit of $4000 with Re-su of Promotiona Materials - Director of Commun and Cultural Services Carried THAT a letter from the Warden acknowledging such permission and outlining criteria for use be forwarded to the Santa for Seniors Committee Chairperson. THAT permission be granted to the Elgin-St. Thomas Santa for Seniors Committee to include the County of Elgin Corporate Logo on communications, pending approval from Director of Terrace Lodge prior to publication; and, the Moved by Councillor Habkirk Seconded by Councillor Vowel Santa for Seniors LodQe EI LO!1o Use - Director of Senior Services. Terrace Carried THAT a congratulatory letter be sent from THAT the report "Ministry of Health & Long Term Care Annual Review" dated November 12,2008 from the Director of Senior Services, Terrace Lodge, be received and filed; and the Warden to Terrace Lodge staff. Moved by Councillor Habkirk Seconded by Councillor Marks Term Care Annual Review - Director of Senior Services Warden Hofhuis invited Mr. Faulds to lunch with Council Carried THAT the 2008 Land Division Committee Report, dated November 25.2008 from Chair of the Land Division Committee, be received and filed. Moved by Councillor Mcintyre Seconded by Councillor Acre the Vice- Vice-Chair Paul Faulds requested Councillors to ask local municipal staff to ensure mapping is done as accurately as possible to assist the committee in their deliberations of consent applications. 2008 Land Division Committee Report - Vice-Chair Land Division Committee Warden Hofhuis invited the gentlemen to lunch with Council Carried THAT the Warden and the Chief Administrative Officer be authorized agreement once it has been reviewed by the Solicitor. to sign the THAT staff report annually to Council on the continued feasibility of the inter-municipa arrangement; and, County Council 6 November 25, 2008 5 1) Melanie Reska, Administrative Clerk, City of St. Thomas, with a resolution accepting the County's challenge for the 2008 United Way Campaign 4. Jim Malik, AMEMSO Organizing Committee 2008, thanking Council for sponsoring a hole at the recent golf tournament at FireRock with proceeds of $7500 going to the Children's Wish Foundation 3. Hon. Leona Dombrowsky, Minister of Agriculture, Food and Rural Affairs, acknowledging Hon. Steve Peters' letter of support for the County's application to the Building Canada Fund Communities Component. 2. Hon. Steve Peters, M.P.P., Elgin-Middlesex-London, with copy of correspondence to Hon. Leona Dombrowsky, Minister of Agriculture, Food & Rural Affairs, in support of the County's application for funding to the Building Canada Fund - Communities Component to rehabilitate Calton Line from Richmond Road to Plank Road. 1. Joe Preston, M.P., Elgin-Middlesex-London, advising he has forwarded a letter of support for the County's application through the Building Canada Fund -Communities Component for the rehabilitation of Calton Line. Items for nformation (Consent AQenda Carried THAT the Corporation of the County of Elgin supports the resolution from the Town of East Gwillimbury requesting the Provincial and Federal Governments to provide more predictable and sustainable funding to municipalities to support aging roads and bridges Moved by Councillor Habkirk Seconded by Councillor Wilson The following recommendation was adopted respecting Correspondence 1. Town of East Gwillimbury, with a resolution requesting the Provincial and Federa Governments to provide more predictable and sustainable funding to municipalities to support aging roads and bridges. Item #1 Items for Consideration CORRESPONDENCE Carried THAT $103,317 of 2008 operating funds within the budget of the Community and Cultural Services Department be placed in reserve for usage by the end of 2009 to support on- going projects within the Department. Moved by Councillor Wilson Seconded by Councillor Acre 2009 Prolects Transfers to Reserves - Director of Commun and Cultural Services Carried THAT the Warden and the Chief Administrative Officer be authorized to enter into an agreement with Erie Thames Powerlines Inc. for the loan of "Kill A Watt" metres at the Port Stanley, Belmont and Aylmer Branches of the Library. Moved by Councillor Mennill Seconded by Councillor Habkirk Kill A Watt" Metre Partnersh County Council - Director of Commun 7 and Cultural Services November 25, 2008 Councillor Mcintyre commented on the appearance and news newsletter and thanked staff for their efforts. items In Warden Hofhuis announced that the Public Art Centre has an excellent presentation on soldiers and war on display until January 11, 2009 and thanked County staff for their participation with the display. the County Statements/In Members OTHER BUSINESS The Director of Financial Services congratulated Jennifer Ford on completion of her designation. Councillor Habkirk encouraged Councillors to pass on the information to County concerning rides being provided by the Red Cross. CGA residents Carried THAT Correspondence Moved by Councillor Habkirk Seconded by Councillor Menn Items #1-15 be received and filed 15. Steve Peters, M.P.P., Elgin-Middlesex-London, with copy of correspondence to Dr. Dieter Zetsche, Chairperson, Board of Management Daimler AG, regarding the Sterling Truck plant closure announcement. 14 The Canadian Red Cross - St. Thomas Branch, advising that they provide community transportation services for medical appointments to residents (Monday-Friday only) with a contact phone number and fee involved. 13. Dr. Peter A. Clark, Regional Supervising Coroner and Chair, Geriatric and Long Term Care Review Committee, Office of the Chief Coroner, advising that the Eighteenth Annual Report of the Geriatric and Long Term Care Review Committee to the Chief Coroner for the Province of Ontario is available online. 12. Hon. Dwight Duncan, Minister of Finance and Revenue, Hon. Jim Watson, Minister of Municipal Affairs and Housing, Hon. George Smitherman, Minister of Energy and Infrastructure and Deputy Premier, announcing the County's capital grant for 2008 of $1,604,467 based on the Province's final results for 2007-08 in the Public Accounts. 11 Association of Municipalities of Ontario - Member "Ontario Proposes Ban on Cell Phones While Driving". Communication ALERT, re 10. Port Glasgow Yacht Club, with copy of correspondence sent to Port Glasgow Marina Boaters concerning the commercial development of the marina. 9. Larry Morrison, Relationship Manager, Barbara Hodgkinson, Customer Service Representative, Farm Credit Canada, thanking the County for its participation in the Farm Credit Canada's 2008 Drive Away Hunger campaign. 8 7 Mark McDonald, Chief Administrative Officer, County of Elgin, with a copy of correspondence sent to the Office of the Chief Coroner concerning the County's Implementation Response to the Jury Recommendations for the Michael Hipson Inquest. Thank you card from the Pau Mistele Family. 6. Doug Brooks, Chief Executive Officer, Certified General Accountants of Ontario, thanking the County for its support for Jennifer Ford as she completed her CGA designation. 2) Maria Konefal, Assistant to the City Clerk, City of St. Thomas, advising that the County's grant request concerning the Tourism Designation Development and Marketing Initiative is being referred to the City's Treasury Department for budget consideration. County Council 8 November 25, 2008 Carried THAT we do adopt the recommendations of the Committee Of The Whole Council Moved by Councillor Acre Seconded by Councillor Menn Carried THAT the incoming 2009 Warden be requested to consider the reappointment of the current County Council appointees to the Elgin St. Thomas Public Health Board. Moved by Councillor Acre Seconded by Councillor Marks Carried THAT the Council of the County of Elgin concurs with the establishment of a negotiating committee to discuss the lease for Elgin St. Thomas Public Health comprised of the County Warden; County CAO; and Board of Health, Elgin St. Thomas Public Health, Chair; Vice-Chair; and Executive Director. Moved by Councillor Mennill Seconded by Councillor Marks Councillor Wilson and Councillor Mcintyre returned to Chambers at 1 :48 p.m Carried THAT we do now Moved by Councillor Marks Seconded by Councillor Acre rise at 1 :48 p.m and report. Mr. Tom Johnston, Chair, and Ms. Cynthia St. John, Executive Director, Elgin St. Thomas Public Health Board, attended at 1 :05 p.m. and left Council Chambers at 1 :26 p.m. Councillors Mcintyre, Vowel and Wilson, having previously declared a conflict, left Council Chambers at 1 :26 p.m. and did not participate in the discussion by Council of the property matter. Carried THAT we do now proceed in a Closed Meeting at 1 :05 p.m., in accordance with the Municipal Act, to discuss matters under Section 239 and 240.2 (a) the security of the property of the municipality or local board, regarding a property rnatter. Moved by Councillor Habkirk Seconded by Councillor Marks Council recessed at 12:05 p.m. and reconvened at 1 05 p.m Matters of Ur - None. Notice of Motion - None Councillor Marks advised that he had attended the Tri-County International Plowing Match in Orillia, commented on the number of Elgin County persons that had also attended, and updated Council on the progress of the 2010 Elgin County International Plowing Match. Warden Hofhuis congratulated Linda Veger on her upcoming retirernent and thanked Linda for her efforts on behalf of the County. Linda comrnented on the good working relationship she enjoyed with Council over the past years. County Council 9 November 25, 2008 Warden Hofhuis thanked Councillors for a great year during her term as Warden, extended her appreciation for the enjoyable Warden's Banquet and thanked staff for their assistance during the past year Carried THAT By-Law No. 08-34 "A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the November 25, 2008 Meeting" be read a first, second and third time and finally passed. Moved by Councillor Wilson Seconded by Councillor Habkirk Carried THAT By-Law No. 08-33 "Being a By-Law to Authorize Tax Exemption in Respect of a Municipal Capital Facility Pursuant to Section 110 of the Municipal Act" be read a first, second and third time and finally passed. Moved by Councillor Warwick Seconded by Councillor Acre Carried THAT By-Law No. 08-32 "Being a By-Law to Expropriate Lands Required for Purposes" be read a first, second and third time and finally passed. Moved by Councillor Mennill Seconded by Councillor Marks Municipa Carried THAT By-Law No. 08-31 "Being a By-Law to Designate Community Safety Zones on County Roads and to Repeal By-Laws No. 03-23, 03-31 and 05-07" be read a first, second and third time and finally passed Moved by Councillor Mennill Seconded by Councillor Habkirk Carried THAT By-Law No. 08-30 "Being a By-Law to Reappoint JGM Consulting as the Investigator Pursuant to Sections 8, 9, 10 and 239.1 of the Municipal Act, 2001, S.O. 2001 C.25, as Amended and to Amend By-law No. 07-38 Pertaining to the Fees Paid to the Municipal Investigator" be read a first, second and third time and finally passed. Moved by Councillor Marks Seconded by Councillor Warwick Carried THAT By-Law No. 08-29 "Being a By-law to Appoint a Treasurer for the County of Elgin" be read a first, second and third tirne and finally passed. Moved by Councillor Mcintyre Seconded by Councillor Wilson BY-LAWS County Council 10 November 25, 2008 Mark G. McDonald, Chief Administrative Officer. ~ ~~ c:::i i! ~./#- Graham Warwick, Warden. Carried THAT we do now adjourn at 1 Moved by Councillor Marks Seconded by Councillor Mcintyre :53p.m to meet again on December 9, 2008 at 7:00 p.m County Council 11 November 25, 2008