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December 8 & 10, 2009 MinutesCOUNTY COUNCIL Tuesday, December 8, 2009 The Elgin County Council met this day at the Administration Building, 450 Sunset Drive, St. Thomas at 7:00 p.m., with all members present except Councillor Hofhuis (leave of absence). The Chief Administrative Officer called the meeting to order and welcomed all in attendance to the Annual Warden's Election. ELECTION OF WARDEN The Chief Administrative Officer asked that members of Council wishing to run for the Office of Warden to please stand. Councillor Vowel offered her candidacy for the position of Elgin County Warden for 2010. BALLOTING PROCEDURES The Chief Administrative Officer explained that since the position for Warden remains uncontested, the normal election procedures would be dispensed with, as prescribed by by -law, and that a resolution appointing Councillor Vowel to the position of Warden would be in order. Moved by Councillor McIntyre Seconded by Councillor Marks THAT Bonnie Vowel be appointed as Warden for Elgin County Council for the Year 2010. Carried Unanimously. RESULTS The Chief Administrative Officer announced that the Warden of Elgin County for 2010 is Bonnie Vowel, Mayor of the Municipality of Dutton /Dunwich. Warden Vowel took the Declaration of Office, administered by the Chief Administrative Officer. The Warden left the room, was gowned and re- entered the Council Chambers, where she was officially presented with the Chain of Office, the Lord Elgin Watch and the Gavel of Office, by Immediate Past Warden Graham Warwick. Warden Vowel delivered her Inaugural Address to Council, thanked them for their support, and outlined the items of interest and importance for consideration in 2010. COMMITTEE APPOINTMENTS Warden Vowel presented her recommendations for appointment to Boards, Committees and Associations for 2010. Moved by Councillor Wilson Seconded by Councillor Habkirk THAT the appointments to Outside Boards and Committees for 2010 be confirmed as follows: County of Elgin Economic Development Tourism Advisory Committee (CEEDTAC) Warden and 1 appointee Warden Vowel Councillor Acre Dispute Resolution Warden and 2 appointees Warden Vowel Councillor Mennill Councillor Warwick Councillor Habkirk Elgin County Museum 1 appointee County Council 2 December 8 10, 2009 Elgin St. Thomas Public Health 3 appointees Rural Initiatives 3 appointees Social/Entertainment 2 appointees St. Thomas-Elgin General Hospital 1 appointee St. Thomas-Elgin Public Art Centre 1 appointee Tillsonburg District Memorial Hospital 1 appointee Waste Management/Liaison and, THAT Councillor Hofhuis be re-appointed as the Council appointee to the Joint Elgin/Central Elgin Accessibility Advisory Committee. OTHER BUSINESS Moved by Councillor Acre Seconded by Councillor Mennill Warden Vowel in the Chair. Moved by Councillor Habkirk Seconded by Councillor Mennill COUNTY COUNCIL Thursday, December 10, 2009 Warden Vowel Councillor Marks Councillor Wilson Councillor McIntyre Councillor Warwick Councillor Wilson Councillor Marks Councillor Mennill Councillor McIntyre Councillor Hofhuis Councillor Acre Committee of the Whole Council Carried Unanimously. Warden Vowel invited all those in attendance to the Warden's Reception, following recess, to be held in the County Administration Building lower level. THAT we do now recess 7:15 p.m. to meet again on December 10, 2009 at 9:00 a.m. Carried. The Elgin County Council met this day at the Administration Building, at 9:00 a.m., in accordance with the recess from the December 8 meeting, with all members present except Councillor Hofhuis (leave of absence). THAT the minutes from the meeting held on November 24, 2009 be adopted. Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. PRESENTATIONS The retirements of Eunice Turner of Elgin Manor (eight years) and Harley Underhill (20 years) of Human Resources were recognized by Warden Vowel. Warden Vowel reminded Council of the Long Service Award presentations to be conducted at lunch. County Council 3 December 8 10, 2009 DELEGATIONS Paul Collins, CEO, Paul Bode, President and Allan Weatherall, Director of Development, all of the St. Thomas-Elgin General Hospital, updated council on the hospital's capital redevelopment plan. The hospital received a planning grant from the Ontario Ministry of Health and Long Term Care. The plans were completed and ministry officials undertook a site visit in September. Long term plans call for a constructed new ambulatory, emergency and mental health service departments at the current site. Mr. Collins thanked Council for its ongoing support and answered questions regarding the economic impact of the hospital to the local community. Moved by Councillor Habkirk Seconded by Councillor Marks THAT the presentation on the hospital's redevelopment status by Mr. Collins be received and filed. Carried. Ruth Anne Lawrence and Rose Gibson of Zellers (NBC is the official outfitter of the Canadian Olympic athletes) and the Olympic Torch Committee, presented the Warden and Council with official Olympics red mittens as a lead-up to the December 22nd torch relay ceremony at CASO in St. Thomas. The county will have an exhibit of Elgin's athletic past at CASO during the event. Mike Baker, Museum Curator, who is organizing the exhibit, was thanked by the Director of Community and Culture Services for his participation. Moved by Councillor Acre Seconded by Councillor McIntyre THAT the presentation by Ms. Lawrence and Ms. Gibson regarding the Olympics red mittens commemoration of the coming Olympic torch relay be received and filed. Moved by Councillor Habkirk Seconded by Councillor Marks Carried. THAT we do now move into Committee Of The Whole Council. REPORTS Moved by Councillor Marks Seconded by Councillor Habkirk Carried. Joint Elgin/Central Elgin 2009-2010 Annual Municipal Accessibility Plan Committee Director of Engineering The Director of Engineering presented the 2009-2010 Annual Municipal Accessibility Plan. It was noted the federal government helped fund the new west access at the county building. Staff was asked to check on the status of the new website and the local municipalities ability to utilize the site. It was noted that volunteers are needed to serve on the committee. The Director thanked Jenny Phillips for her work on the committee. THAT the Joint Elgin/Central Elgin 2009-2010 Annual Municipal Accessibility Plan be adopted and the following barriers to persons with disabilities be addressed during 2010; and, THAT all barriers identified by departmental staff for elimination in 2010, which are detailed on pages 8-13 of the Plan, are to be scheduled for completion during 2010, or as legislated by Provincial Standards within budgetary limitations; and further, THAT Elgin and Central Elgin staff work toward development and implementation of processes and policies to comply with the new Mandatory Accessibility Standards. Carried. County Council 4 December 8 10, 2009 Culloden Road Reduced Speed Zone Director of Engineering Services The Municipality of Bayham has requested a reduced speed limit zone on North Hall Hamlet along Culloden Road. Moved by Councillor Habkirk Seconded by Councillor Acre THAT a reduced speed zone of 60 km/h be installed on Culloden Road (County Road #46) from Eden Line, north 400m; and, THAT the necessary by-law be prepared. Community Safety Zone/Reduced Speed Zone in New Sarum Director of Engineering Services The Municipality of Central Elgin has requested a community safety zone and reduced speed zone on Belmont Road. Moved by Councillor Marks Seconded by Councillor Mennill THAT the report on the extension of the existing reduced speed zone and community safety zone on Belmont Road from the Municipality of Central Elgin be received and filed; and, THAT the Municipality of Central Elgin be authorized and permitted to extend the zone area and to reduce the speed at the municipality's cost. Carried. Bobier Villa Roof Replacement Director of Engineering Services As part of the approved 2009 capital budget, tenders were advertised as per the County's procurement policy and were received until Friday, November 13, 2009, for the roof replacement of Bobier Villa. The Director noted that the County is receiving a credit in light of the shortened lifespan of the original shingles. Moved by Councillor Mennill Seconded by Councillor McIntyre THAT J.R. (Rick) Falkins Construction be selected to install fiberglass shingles at Bobier Villa, Contract No. 5930-09-01 at their submitted price of $62,895 inclusive of all taxes and no contingency; and, THAT Roofmart Limited be selected to supply and deliver fiberglass shingles at Bobier Villa at their submitted price of $33,325.03; 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 J.R. (Rick) Falkins Construction for the Bobier Villa Roof Replacement Tender, Contract No. 5930-09-01. Paytickets Provincial Offences Coordinator Moved by Councillor Acre Seconded by Councillor Habkirk Carried. Carried. THAT the County of Elgin enter into a service agreement in 2010 with the Royal Bank of Canada and Teranet to provide an on-line ticket payment program through Paytickets.ca for Provincial Offences matters; and, County Council 5 December 8 10, 2009 THAT the Warden and Chief Administrative Officer be authorized to sign the agreement once approved by the County Solicitor; and, THAT the costs of $4,300 for initial setup and a contingency for $2 per transaction be allocated to the Provincial Offences budget as the upper most costs for the service to implement the service. Carried. 2010 Mileage Rate Director of Financial Services Moved by Councillor Marks Seconded by Councillor Wilson THAT the 2010 mileage reimbursement rate be frozen at the 2008 level of $.495/km. Carried. 2008 Financial Indicator Review Director of Financial Services Moved by Councillor Warwick Seconded by Councillor Marks THAT the report titled "2008 Financial Indicator Review" dated November 20, 2009 be received and filed. Carried. Council recessed at 10:00 a.m. and reconvened at 10:15 a.m. Semi-Annual Information Report (Contract Awards) Purchasing Coordinator Moved by Councillor Habkirk Seconded by Councillor McIntyre THAT the Semi-Annual Information Report Contract Awards dated January 1, 2009 June 30, 2009 be received and filed. Elgin County Museum Advisory Committee Revisions Director of Community and Cultural Services Changes to the composition and term to the Elgin County Museum Advisory Committee were recommended that on behalf of the appointee of the St. Thomas-Elgin Tourist Association be repealed and that a second "at large" member be added in its place; and, that the term of office be extended from three years to four in keeping with the term of municipal council. Moved by Councillor Warwick Seconded by Councillor Acre Carried. THAT By-Law No. 05-44, "Being a By-Law to Provide for the Operation of the Elgin County Museum" be hereby amended according to the terms of this report. Carried. Cultural Mapping Report/Terms of Reference Director of Community and Cultural Services A PowerPoint presentation was given by staff on the next steps for the project. The next phase will include community consultation. County Council 6 December 8 10, 2009 Moved by Councillor Habkirk Seconded by Councillor McIntyre THAT the Terms of Reference County of Elgin Cultural Mapping Project be hereby adopted; and, THAT staff proceed with the next phases of the project, including extensive community consultations, data collection and presentation of a draft map for Council's approval. Carried. SCOR Incorporation Deputy Director of Community and Cultural Services Moved by Councillor Habkirk Seconded by Councillor Wilson THAT Elgin County Council pass the attached By-Law to incorporate "South Central Ontario Region (SCOR)"; and, THAT the Warden of Elgin County Council be appointed as Elgin's proxy for the SCOR Corporation's annual general meeting. Carried Unanimously. Council Scheduled 2010 Meetings Administrative Services Coordinator Moved by Councillor Marks Seconded by Councillor McIntyre THAT the report Schedule of Council Meetings for 2010 dated December 1, 2009 from the Administrative Services Coordinator be adopted. Carried. Interview Panel for Human Resources Director Chief Administrative Officer Moved by Councillor Mennill Seconded by Councillor Habkirk THAT Warden Vowel and Councillors Warwick and Wilson be appointed to the selection committee for the recruitment of the Director of Human Resources. Sutherland Line/Ron McNeil Line Boundary Adjustment Chief Administrative Officer Moved by Councillor Marks Seconded by Councillor Habkirk THAT the Chief Administrative Officer/Clerk be authorized and directed to issue a statutory declaration in the matter of the boundary adjustment between the City of St. Thomas and the Municipality of Central Elgin within the County of Elgin; and, THAT the necessary by-law be prepared. Carried. Carried. Ontario Nurses Association Arbitration Award Director of Human Resources Moved by Councillor Habkirk Seconded by Councillor Marks THAT the report titled "Ontario Nurses Association Arbitration Award" dated December 10, 2009 be received and filed; and, County Council 7 December 8 10, 2009 THAT Elgin County Council write to the Minister of Labour for Ontario strongly urging the Minister to examine the relationship between arbitrators and their clients in order to remove any bias (real or perceived) in the system. CORRESPONDENCE Items for Consideration Carried. 1. Dennis Travale, Chair, SCOR requesting County Council pass SCOR Incorporation By-Law and appoint a member of County Council to be the County's representative as its proxy. 2. News Release from Western Ontario Warden's Caucus announcing Looming Provincial Grant Cuts to the Ontario Municipal Partnership Fund (OMPF). 3. Susan Cronin, Municipal Clerk, Municipality of West Perth, with a resolution requesting MPAC to disclose pending assessment changes and adjust incorrect Residential and Farmland class values. The following recommendation was adopted in regard to Correspondence Item #1: Moved by Councillor Habkirk Seconded by Councillor Wilson THAT the Corporation of the County of Elgin supports the letter from SCOR regarding incorporation and proxy voting be supported. Carried. The following recommendation was adopted in regard to Correspondence Item #2: Moved by Councillor McIntyre Seconded by Councillor Habkirk THAT the Corporation of the County of Elgin supports the news release from Western Ontario Wardens' Caucus advocating that the Ontario Municipal Partnership Fund be fully funded. Carried. The following recommendation was adopted in regard to Correspondence Item #3: Moved by Councillor Habkirk Seconded by Councillor Wilson THAT the Corporation of the County of Elgin supports the letter from the Municipality of West Perth requesting MPAC to disclose pending assessment changes and adjust incorrect residential and farmland class values. Items for Information (Consent Agenda) Carried. 1. Collective Bargaining Highlights for August and September 2009. 2. Corporation of the County of Elgin responses to recommendations of the Corner's Jury Inquest into the Death of Michael Hipson (Second report, October 2009). 3. Peter Wallace, Ministry of Finance Deputy Minister, announcing the new population projections for Ontario and its 49 Census Division, 2008-2036. County Council 8 December 8 10, 2009 4. Haldimand County Clerk Janis Lankester with a resolution concerning implication of the Tourism Competitiveness Study by the province on Haldimand County. 5. AECOM Canada Ltd., senior EA planner Karl Grueneis, with Notice of Municipal Class Environmental Assessment Study for: Elgin Water Treatment Plant Residuals Management Facility; and the Township of Malahide, Village of Springfield Water Supply. 6. AECOM Canada Inc with Notice of Project Commencement for the east Side Sanitary Servicing Master Plan. 7. Township of Southwold Mayor Jim McIntyre with a resolution accepting the International Plowing Match Beautification challenge. 8. City of St. Thomas Mayor Cliff Barwick thanking Elgin County Council for their understanding on the Tourism partnership. 9. Certificate of Recognition by Elgin-Middlesex-London MP Joe Preston for the Economic Development Association of Canada Gold Award to Elgin County. Moved by Councillor Habkirk Seconded by Councillor McIntyre THAT Correspondence Items #1 9 be received and filed. OTHER BUSINESS Statements/Inquiries by Members Carried. Councillor Wilson brought forward a letter to the editor (Aylmer Express) written by Leslie Whittington-Carter of the Dietitians of Canada about the important work dieticians contribute to long term homes as information to staff. Councillor Warwick requested an update on the delegation of the Warden and Director of Financial Services on the December 9, 2009, meeting with senior policy advisor to the Ontario Minister of Finance in Toronto, arranged by Elgin-Middlesex-London MPP Steve Peters on the OMPF. Also in attendance was a delegation from Central Elgin (Councillor Marks and staff) with a telephone conference with St. Thomas Mayor Barwick and staff. The Director of Financial Services said a decision on the funding program is expected in a couple of weeks. Councillor McIntyre thanked county staff for organizing an enjoyable County Christmas Party. He also stressed the importance of consultation with the public in county endeavours including the recently announced tourism ambassadors program. The Chief Administrative Officer announced that the new county planner was hired and will start January 4, 2010. Councillor Wilson said the hiring emphasizes the county's commit- ment to moving forward with economic development and tourism initiatives. Warden Vowel emphasized this hiring is another example of the County's Progressive by Nature motto. Notice of Motion None. Matters of Urgency None. Closed Meeting Items Moved by Councillor Habkirk Seconded by Councillor Mclntryre THAT we do now move into a Closed Meeting at 11:05 a.m. in accordance with the Municipal Act, to discuss matters under Section 239 and 240.2 (a) regarding security of the property of the municipality or local board; and, Section 240.2 (d) labour relations or employee negotiations, and legal matters regarding Sanitech. Carried. County Council 9 December 8 10, 2009 Motion to Rise and Report Moved by Councillor Warwick Seconded by Councillor Marks THAT we do now rise and report. Tim Schnurr, sales representative for CB Richard Ellis, attended the session as a resource person for Council regarding 99 Edward Street. Moved by Councillor Habkirk Seconded by Councillor Mennill THAT the Warden and Chief Administrative Officer be authorized to make a counter-offer to the proponent offer dated December 2, 2009, as outlined in the report to Council on "99 Edward Street" dated December 8, 2009. Moved by Councillor Acre Seconded by Councillor Wilson THAT County Council ratify the changes as outlined in the report Ratification of Collective Agreement CUPE dated December 7, 2009, between the County of Elgin and the Canadian Union of Public Employees, Local 841. STAFF DIRECTION Moved by Councillor Marks Seconded by Councillor Warwick BY-LAWS Moved by Councillor Mennill Seconded by Councillor McIntyre Moved by Councillor Acre Seconded by Councillor Habkirk Carried. Carried. Carried A staff direction was given in regard to staffing considerations at Bobier Villa. The Chief Administrative Officer gave an update on the ongoing litigation regarding the County of Elgin v Sanitech Communal Systems Inc., for the information and education of Council. Motion to Adopt Recommendations from the Committee of the Whole THAT we do adopt the recommendations of the Committee of The Whole Council. Carried. THAT By-Law No. 09-37 "Being a By-Law to Authorize the Warden and the Treasurer to Borrow Up to the Sum of Fifteen Million Dollars" be read a first, second and third time and finally passed. Carried. THAT By-Law No. 09-38 "Being a By-Law to Adopt Optional Tools for the Purposes of Administering Limits for the Commercial, Industrial and Multi-Residential Property Classes" be read a first, second and third time and finally passed. Carried. County Council 10 December 8 10, 2009 Moved by Councillor Wilson Seconded by Councillor Habkirk THAT By-Law No. 09-39 "Being a By-Law to Authorize the Incorporation of "South Central Ontario Region (SKOR)", a Non-Profit Organization under the Corporations Act (Ontario), as amended, Whose Members are the Corporation of the County of Elgin, The Corporation of the County of Brant, The Corporation of the County of Middlesex, The Corporation of the County of Norfolk and The Corporation of the County of Oxford (The "Corporation")" be read a first, second and third time and finally passed. Moved by Councillor Warwick Seconded by Councillor Mennill THAT By-Law No. 09-40 "Being a By-Law to Amend Membership on the Elgin County Museum Advisory Committee and to amend By-Law No. 05-44" be read a first, second and third time and finally passed. Moved by Councillor Marks Seconded by Councillor Acre THAT By-Law No. 09-41 "Being a By-Law to Authorize the Submission of a Restructuring Proposal (Sutherland Line) and Report to the Minister of Municipal Affairs and Housing" be read a first, second and third time and finally passed. Moved by Councillor Habkirk Seconded by Councillor McIntyre THAT By-Law No. 09-42 "Being A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the December 8 and 10 2009 Meeting" be read a first, second and third time and finally passed. ADJOURNMENT Moved by Councillor Marks Seconded by Councillor McIntyre THAT we do now adjourn at 11:45 a.m. to meet again on January 12, 2010 at 10:00 a.m. LONG SERVICE AWARDS BOBIER VILLA Victoria Marsolais Tara Mosher Jackie Shickluna Anita Vanraes John Kersten Peggy Johnson Karen Conway Dianne McFadden Carried. Carried. Carried. Carried. Carried. Following adjournment, Council recognized the following recipients with Long Service Awards, as presented by Warden Vowel and Past Warden Graham Warwick: 10 years 10 years 10 years 10 years 15 years 15 years 25 years 35 years County Council 11 December 8 10, 2009 COMMUNITY Renee Saarlos 20 years Aylmer Library AND CULTURAL Maria Smit 20 years Belmont Springfield Library SERVICES Susan Lamont 20 years Dutton Library ELGIN MANOR Susan Boe- Vusich 10 years Catherine Gallagher 10 years Susan Krueger 10 years Carolyn Proctor 10 years Mary Ann Ryckman 10 years Lacey Smith 10 years Rita Stewart 10 years Lynn MacPherson 20 years Marilee Roth 20 years Connie Froats 25 years Linda Irvine 25 years Barbara Shackleton 25 years Cathy Currie 30 years ENGINEERING Peter Dutchak 15 years SERVICES Ann Bennie 30 years HUMAN Harvey Underhill 20 years RESOURCES TERRACE LODGE Laura Lang Janice Nichols Petra Richardson Betty Belanger Chief Administrative Officer. 10 years 10 years 15 years 20 years Bonn Vowel, Warden.