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May 25, 2010 MinutesPRESENTATION DELEGATION Moved by Councillor Acre Seconded by Councillor Habkirk Moved by Councillor Acre Seconded by Councillor Marks REPORTS COUNTY COUNCIL Tuesday, May 25, 2010 The Elgin County Council met this day at the Administration Building, 450 Sunset Drive, St. Thomas, at 9:00 a.m., with all members present except Councillor Warwick (vacation). Warden Vowel in the Chair. ADOPTION OF MINUTES Moved by Councillor Habkirk Seconded by Councillor McIntyre THAT the minutes of the meeting held on April 27, 2010 be adopted. Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Warden Vowel and Councillors Marks and Wilson declared, at the appropriate time, a conflict of interest with regard to the Closed meeting report concerning a lease at 99 Edward Street, St. Thomas, as it might prejudice their position as Council appointees on the Elgin St. Thomas Public Health Board. At the appropriate time, the Warden and Councillors vacated the Council Chambers and refrained from discussing and voting on the item. Warden Vowel formally recognized the retirement of Bayham-Port Burwell librarian Jane Grass. Ms. Grass thanked Council for its continued support of the libraries. Shirley Biro of the Elgin Elder Abuse Resource Committee invited County Council to a tree planting dedication ceremony at Bobier Villa, Dutton, on June 15, 2010 at 1:00 p.m. in honour of the 5 annual World Elder Abuse Awareness Day. THAT the information provided by Shirley Biro of the Elgin Elder Abuse Resource Committee be received and filed. Carried. THAT we do now move into Committee Of The Whole Council. Carried Lakeshore Erosion and the Frank Lenard Solution Warden Vowel and Chief Administrative Officer The Warden and Chief Administrative Officer met recently with Port Stanley resident Frank Lenard regarding his request for a pilot project, as it pertains to the Dexter Line lake erosion issue, of his proposed solution to Iakeshore erosion. The report states a pilot project requires the permission of the provincial and federal governments. County Council 2 May 25, 2010 Moved by Councillor Wilson Seconded by Councillor Acre THAT, in response to Mr. Lenard's request for assistance in implementing a pilot project to control lakeshore erosion, Elgin County Council respectfully request M.P.P. Steve Peters and M.P. Joe Preston consider sponsoring a Private Member's Bill which would permit said project to proceed. Health Recruitment Partnership Update Councillor Acre and Chief Administrative Officer At a recent meeting of the Partnership, there was discussion of approving funding for the East Elgin Family Health Team. It was noted that the Partnership continues to attract interest and prospects of recruiting new physicians to the Elgin area. It was also noted that the Eastern Elgin Liaison Committee is meeting May 25, 2010 and would prefer to discuss this item in advance of County Council's final disposition. Moved by Councillor Marks Seconded by Councillor Habkirk Carried Unanimously. THAT the report titled "Health Recruitment Partnership Update" dated May 11, 2010 be deferred until the next council meeting. Carried. 2009 Year in Review/2010 Update General Manager of Economic Development The General Manager of Economic Development presented Council with copies of the Year in Review 2009, and outlined future plans, as established in the County of Elgin Economic Development Plan 2007-2011. Moved by Councillor McIntyre Seconded by Councillor Marr THAT the report titled "2009 Year in Review/2010 Update" be received and filed; and, THAT it be circulated to all municipal partners as information. Carried. Participation in 'Today in America with Terry Bradshaw' Marketing Communications Coordinator The County has been presented with an opportunity to participate in the television show on FOX TV called 'Today in America with Terry Bradshaw.' The Marketing and Communications Coordinator reported filming will begin at the end of August and will focus on the County's work to attract businesses to Elgin. The TV show's focus is best places to live, work and play. Moved by Councillor Marks Seconded by Councillor Wilson THAT County Council affirm the participation of the Economic Development department in 'Today in America with Terry Bradshaw'; and, THAT County Council authorizes the use of the Mill Rate Stabilization Fund to cover the costs of the Scheduling Fee totaling $24,800 US. Carried Unanimously. County Council 3 May 25, 2010 Quarterly Information Report January 1, 2010 to March 31, 2010 Purchasinq Coordinator The report was presented regarding the awarding of contracts. It was noted that commencing in 2010, Financial Services will be presenting a quarterly report containing details of the awards of contracts including amendments and renewals. Moved by Councillor Mennill Seconded by Councillor McIntyre THAT the semi-annual report will now be issued quarterly; and, THAT the report titled "Quarterly Information Report January 1, 2010 to March 31, 2010," be received and filed. Carried. Cellular Services and Hardware Proposal No. 6120-150 Manager of Information Technology, Director of Community and Cultural Services, Purchasing Coordinator The Manager of Information Technology presented a report of a recommendation for cellular services and hardware, as part of the approved 2010 Capital Budget, following an advertised proposal as per the County's procurement policy. Submissions were received until April 14, 2010. Moved by Councillor McIntyre Seconded by Councillor Acre THAT Wireless Personal Communications Inc. (Bell) be selected to provide cellular services and hardware, effective May 1, 2010 to April 30, 2013; and, THAT the Warden and Chief Administrative Officer be authorized to enter into a service level agreement with Wireless Personal Communications Inc. Carried. Wide Area Network Service, Proposal No. 6120-150 Manager of Information Technology, Purchasinq Coordinator As part of the approved 2010 Capital Budget, a proposal was advertised as per the County's procurement policy, and proposals were received until March 23, 2010, for Wide Area Network Service. Moved by Councillor Marks Seconded by Councillor Marr THAT the Warden and Chief Administrative Officer be authorized to enter into an agreement with Amtelecom, an Eastlink Company, at a total price of $48,000 per year, exclusive of all taxes. Carried. Hot Mix Asphalt, Microsurfacing CIREAM Contracts Deputy Director of Engineering Services As part of the approved 2010 Capital Budget, tenders were advertised as per the County's procurement policy and were received until May 12, 2010 for Hot Mix Asphalt, Contract No. 6220-10A; Microsurfacing, Contract No. 6250-10A; and Cold In-Place Recycled Expanded Asphalt Mixes (CIREAM), Contract No. 6200-10-02B. Moved by Councillor Wilson Seconded by Councillor McIntyre THAT, Walmsley Bros. Limited be selected for the Hot Mix Asphalt Resurfacing, Contract No. 6220-10A at a total price of $878,241.50 (exclusive of all taxes), inclusive of $50,000 contingency allowance; and, County Council 4 May 25, 2010 THAT, MSO Construction Limited be selected for the Microsurfacing Tender Contract No. 6250-10A at a total price of $993,750.00 (exclusive of all taxes), inclusive of $50,000 contingency allowance; and, THAT, Roto-Mill Inc. be selected for the Cold In-Place Recycled Asphalt Mixes (CIREAM) Contract No. 6200-10-02B at a total price of $438,250.00 (exclusive of all taxes), no contingency allowance; and, THAT, if the cost increases above the tender amount approved by Council by more than 10%, the Director will prepare a further report to Council outlining the expenditures; and, THAT, the Warden and Chief Administrative Officer be authorized to enter into an agreement with Walmsley Bros. Limited for the Hot Mix Asphalt Tender, Contract No. 6220-10A at a total price of $878,241.50 (exclusive of all taxes), inclusive of $50,000 contingency allowance; and, THAT, the Warden and Chief Administrative Officer be authorized to enter into an agreement with MSO Construction Limited for the Microsurfacing Tender Contract No. 6250-10A at a total price of $993,750.00 (exclusive of all taxes), inclusive of $50,000 contingency allowance; and, THAT, the Warden and Chief Administrative Officer be authorized to enter into an agreement with Roto-Mill Inc. for the Cold In-Place Recycled Asphalt Mixes, (CIREAM), Contract No. 6200-10-02B at a total price of $438,250.00 (exclusive of all taxes), no contingency allowance. Carried. 2009 County Road Maintenance Summary Deputy Director of Engineering Services This annual report summarizes the local maintenance activities and costs expended in 2009 as provided to the County by the municipalities. Moved by Councillor Marks Seconded by Councillor Acre THAT the report titled "2009 County Road Maintenance Summary" dated April 29, 2010 be received and filed. Carried. Speed Zone Amendments Avon Drive Deputy Director of Engineering Services A letter and petition calling for a reduced speed zone from Avon Drive residents was received by the County and staff reviewed the area, bringing forth a recommendation. Moved by Councillor Wilson Seconded by Councillor Mennill THAT the existing speed zone by-law be amended to include a 60km/hr reduced speed zone on Avon Drive (County Road #37) beginning 578 metres east of the property line of Imperial Road (County Road #73) and extending 450 metres east; and, THAT the OPP be notified of the establishment of this reduced speed zone, Carried. Council recessed at 10:05 a.m. and reconvened at 10:15 a.m. Bill 168 Violence in the Workplace Human Resources Coordinator Changes to Ontario's Health and Safety Act (OHSA) that will strengthen protection to workers from workplace violence and harassment take effect June 15, 2010. The Human Resources Coordinator outlined how the County is complying with the legislation. County Council 5 May 25, 2010 Moved by Councillor Habkirk Seconded by Councillor Mennill THAT Council approve the changes to the Violence in the Workplace and Harassment Policy; and, THAT Council convey to all managers, supervisors, Joint Health and Safety Committee members and employees the importance of complying with and supporting the changes in the legislation of Bill 168. Carried. County Council Dress Code Director of Human Resources Council recently directed staff to prepare a report recommending options regarding dress code for Council meetings and official functions. Moved by Councillor Marr Seconded by Councillor Marks THAT the following dress code for County Council Members and Officials be adopted: THAT Council Members and Officials shall wear appropriate business attire for Council meetings (defined as semi-formal and not business casual specifically dress shirt/blouse, jacket, dress pants or suit); and, THAT traditional attire shall be mandated at the Warden's Election, the Warden's Annual Banquet, the annual photo, and any other function as determined by the Warden. Members and Officials are also permitted to wear traditional attire at other functions, when not mandated by the Warden, at their discretion; and, THAT an allowance of up to $200 will be provided (with receipts) once per term to each Council Member and Official required to wear traditional attire at aforementioned times for the purchase of said attire; and, THAT the Warden, who by by-law is responsible for Council decorum, shall also enforce the dress code; and, THAT such a dress code be adopted by County Council effective December 1, 2010. Moved by Councillor McIntyre Seconded by Councillor Habkirk Carried. Magazine Vendor Bankruptcy Final Payment to Library Director of Community Cultural Services This report is the final follow up to a 2003 report that the County's library magazine vendor had gone bankrupt. The County proceeded with a statement of claim and the fifth and final payment in the amount of $543 has been received. THAT the final payment of $543 be received as a result of the bankruptcy of Divine Solutions Inc., and be deposited into the Elgin County Library's 2010 operating budget, thereby closing the claim against the aforementioned vendor. Carried. New Lease for Springfield Library Director of Community Cultural Services The Springfield Library will be relocating to a new facility within Malahide Community Place. The Director thanked the Township of Malahide for its cooperative approach to the project. County Council 6 May 25, 2010 Moved by Councillor Mennill Seconded by Councillor McIntyre THAT the Warden and Chief Administrative Officer be authorized to enter into a lease agreement with the Township of Malahide for the Springfield Library comprising 1,850 sq ft of space in premises known as Malahide Community Place, effective July 1, 2010, and expiring December 31, 2011; and, THAT the lease for Springfield Library located within premises of 51221 Ron McNeil Line be hereby terminated effective June 30, 2010; and, THAT the Township of Malahide be hereby requested to authorize the new lease and terminate the current lease based on these same terms. Carried Unanimously. Cultural Mapping Project Progress Report Director of Community and Cultural Services A PowerPoint presentation was given by the Community Development Officer to update the terms of reference and work plan for development of a cultural asset map for the County, from December 2009. Moved by Councillor Habkirk Seconded by Councillor McIntyre THAT the report titled "Cultural Mapping Project Progress" dated May 3, 2010 be received and filed. Carried. CA Agreement Pool Usage at Terrace Lodge Director of Seniors Services, Bobier Villa Terrace Lodge The pool usage agreement for the YWCA of St. Thomas-Elgin has been renewed for a term from April 19, 2010 to December 31, 2011 at Terrace Lodge. Moved by Councillor Wilson Seconded by Councillor Mennill THAT the report titled "YWCA Agreement Pool Usage at Terrace Lodge" be received and filed; and, THAT the Warden and Chief Administrative Officer be authorized to sign the agreement. Carried. Budget Comparison April 2010 YTD Director of Financial Services The Director reported the year-to-date budget comparison with a $93,000 favourable performance. Moved by Councillor Acre Seconded by Councillor Marks THAT the report titled "Budget Comparison April 2010 YTD" dated May 12, 2010, be received and filed. Carried. County Council 7 May 25, 2010 CORRESPONDENCE Item for Consideration 1. Laura Woermke, Executive Director, St. Thomas Elgin Public Art Centre, thanking Council for financial support and requesting a representative of Elgin County Council be appointed to the centre's Board of Directors. The following recommendation was adopted respecting Correspondence Item #1: Moved by Councillor McIntyre Seconded by Councillor Wilson THAT Councillor Dave Marr be appointed to the St. Thomas Elgin Public Art Centre for the remainder of the year 2010. Carried. Items for Information (Consent Agenda) 1. Gary McNamara, Mayor Town of Tecumseh announcing candidacy for President of the Association of Municipalities of Ontario (AMO) for the 2010-2012 term. 2. J. Paul Johnson, President Ontario Good Roads Association announcing OGRA's management of $750,000 of provincial funding for Bridge Infrastructure Data. 3. Cynthia St. John, Executive Director, Elgin St. Thomas Public Health with audited statement for 2009 Financial Year. 4. Donald N. Leitch, Chief Administrative Officer Clerk, Municipality of Central Elgin, advising appointment of Tom Marks to Office of Mayor and David Marr to Office of Deputy Mayor. 5. Grant appreciation correspondence from: 1) Ruth Hyatt, Executive Director, St. Thomas Elgin Second Stage Housing. 2) William Shurish, Executive Director, Quad County Support Services. 6. Mark Cousins, Chair, The Ontario Family Fishing Weekend Steering Committee announcing licence-free fishing dates for Ontario Family Fishing week (July 3, 2010 July 22, 2010). 7. Dennis Travale, Chair, SCOR, with information on the "South Central Ontario Region Economic Development Corporation" operations as well as their purpose, priorities and objectives. 8. Jim McIntyre, Mayor, Township of Southwold and Valerie Cron, Chair, Southwold Beautification Committee thanking Council for accepting beautification challenge. 9. Hon. Steve Peters, M.P.P., Elgin-Middlesex-London with copy of correspondence to Hon. Carol Mitchell, Minister of Agriculture, Food Rural Affairs, asking her to consider granting Warden Vowel's invitation to visit Elgin County. 10. Hon. Gerry Phillips, Minister Responsible for Seniors encouraging Council to honour local seniors in June (Seniors' Month) by attending and hosting local events. Moved by Councillor Habkirk Seconded by Councillor Marks THAT correspondence Items #1 10 be received and filed. OTHER BUSINESS Statements/Inquiries by Members Carried. Councillor Habkirk requested casual dress for summer meetings. The warden agreed to a relaxed dress code for the summer months, commencing in June 2010. County Council 8 May 25, 2010 Warden Vowel noted the new branding of the library van. Notice of Motion None. Matters of Urgency None. Closed Meeting Items Moved by Councillor Mennill Seconded by Councillor Habkirk THAT we now proceed into closed meeting session in accordance with the Municipal Act to discuss matters under Section 240.2 (a) the security of the property of the municipality or local board Tony Brooks Lease; Section 240.2 (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board Wellington-Guelph Shared Service Arbitration Section 240.2 (a) the security of the property of the municipality or local board 99 Edward Street. Council recessed for five minutes. Carried. The Director of Engineering presented a report with recommendations for a lease renewal in regard to Tony Brooks for the County of Elgin Administration Building. The Chief Administrative Officer of Elgin County presented a confidential report on the outcome of the Wellington-Guelph Shared Service Arbitration. Warden Vowel and Councillors Wilson and Marks left the Chambers at 11:20 a.m., having already declared a conflict of interest regarding the Elgin St. Thomas Public Health Board as they serve as Council appointees on this Board. Councillor Acre took the Chair as Deputy Warden. The Director of Finance presented an update to Council on an extension of the lease at 99 Edward Street, St. Thomas. Warden Vowel and Councillors Wilson and Marks returned to the Council Chambers at 11:52 a.m. Motion to Rise and Report Moved by Councillor Acre Seconded by Councillor Marr THAT we do now rise and report. Moved by Councillor Habkirk Seconded by Councillor Mennill Carried. THAT the Warden and Chief Administrative Officer be directed and authorized to sign a lease with Tony Brooks (Coffee News) for Rooms 234 and 236 at the County of Elgin Administration Building for a five-year term to start August 1, 2010 and terminate July 31, 2012; and, THAT the lease rate for year one is $5,541.25 (annual payment) and year two is $5,642.00 (annual payment for the 403 square feet); and, THAT any previous resolutions that are contrary to this lease hereby be rescinded. Carried. County Council 9 May 25, 2010 Moved by Councillor Acre Seconded by Councillor Wilson THAT the confidential report on the Wellington-Guelph Shared Service Arbitration be received for information. Moved by Councillor McIntyre Seconded by Councillor Marr THAT, in response to Elgin St. Thomas Public Health's lease proposals dated May 13, and May 20, 2010, Elgin County Council defer a decision pending collection of additional information by the staff. Carried. Motion to Adopt Recommendations from the Committee of the Whole Moved by Councillor Marr Seconded by Councillor Mennill THAT we do now adopt recommendations of the Committee Of The Whole Council. Carried. BY-LAWS Moved by Councillor Mennill Seconded by Councillor Habkirk THAT By-Law No. 10-16 "Being a By-Law to Provide a Schedule of Services and Activities Subject to Fees and Charges by the County of Elgin and to Repeal By-Laws No. 08-35 and 09-07" be read a first, second and third time and finally passed. Moved by Councillor Habkirk Seconded by Councillor McIntyre Carried. Carried. THAT By-Law No. 10-17 "Being a By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the May 25, 2010 Meeting" be read a first, second and third time and finally passed. ADJOURNMENT Moved by Councillor Marks Seconded by Councillor Acre THAT we do now adjourn at 11:55 a.m. to meet again on June 8, 2010 at 9:00 a.m. Carried. Councillors attended a luncheon and presentation at St. Thomas Elgin General Hospital following council. Mark G. McDonald, Chief Administrative Officer. Carried. 4 4.......e...." 4 7 Bonnie owel, Warden.