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September 27, 2011 MinutesCOUNTY COUNCIL Tuesday, September 27, 2011 The Elgin County Council met this day at the Administration Building at 9:02 a.m. with all members present. Warden Mennill in the Chair. ADOPTION OF MINUTES Councillor Enns noted an editorial error in the minutes where Graham Road was mentioned instead of Calton Line. Council agreed to this friendly amendment. Moved by Councillor McIntyre Seconded by Councillor Walters THAT the minutes of the meeting held on September 13, 2011 be adopted. Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. DELEGATIONS Paul Schaffer, Executive Director, Elgin-St. Thomas United Way, and Dr. Greg Johnston, Fundraising Chair, kicked off the annual United Way campaign. Councillor Walters issued a challenge to his colleagues to make a payroll deduction personally of $20/pay and have their municipalities support United Way. The Warden will issue a fundraising challenge to the City of St. Thomas. Moved by Councillor McIntyre Seconded by Councillor Jenkins THAT the "Annual United Way Campaign" presentation be received and filed. Dennis Travale, Chair, South Central Ontario Region Economic Development Corporation (SCOR) and SCOR General Manager Art Lawson gave a PowerPoint presentation on SCOR goals and funding requirements. Moved by Councillor Couckuyt Seconded by Councillor Marr Moved by Councillor Walters Seconded by Councillor Marr Carried. THAT Elgin County Council agree in principle with the funding request in the amount of $25,000 by SCOR and refer the item to the County budget deliberations for 2012. Carried. Jenny Phillips, Chair, Joint Elgin/Central Elgin Accessibility Committee, presented the 2009- 2011 Annual Municipal Accessibility Plan. THAT the Elgin/Central Elgin Joint Accessibility Advisory Committee recommends to the Council for the County of Elgin and to the Council for the Municipality of Central Elgin that the following barriers to persons with disabilities be addressed during 2012: 1. All barriers identified by departmental staff for elimination in 2013, which are detailed on Pages 8-13 of the plan, are to be scheduled for completion during 2012, or as legislated by Provincial Standards, within budgetary limitations; and, County Council 2 September 27, 2011 THAT Elgin and Central Elgin staff work toward development and implementation of processes and policies to comply with the new Mandatory Accessibility Standards. Carried. Moved by Councillor Wiehle Seconded by Councillor McIntyre THAT we do now move into the Committee Of The Whole Council. REPORTS Annual Warden's Banquet Councillors McIntyre and McWilliam The Chair of the Social/Entertainment Committee presented a report outlining details of the November 4, 2011 banquet for the Warden. Moved by Councillor McWilliam Seconded by Councillor McIntyre THAT the report titled "Annual Warden's Banquet" dated September 12, 2011 be received and filed. Carried. Carried. Sand Plains Funding for Museum Barn Quilt Project Curator, Elgin County Museum The curator presented the report regarding a barn quilt trail program in Elgin County. Moved by Councillor McIntyre Seconded by Councillor Jenkins THAT the report titled "Sand Plains Funding for Museum Barn Quilt Project" dated September 12, 2011 be received and filed. Carried. General Insurance and Risk Management Services Program Purchasing Coordinator The Director of Financial Services presented the report on the results of a proposal issued for general insurance. Moved by Councillor Couckuyt Seconded by Councillor McWilliam THAT in support of Armour Riley Inc.'s recommendation, Frank Cowan Insurance Company Ltd., be selected for the provision of General Insurance and Risk Management Services Program for the 2011-2012 in the proposed annual premium of $249,812 plus taxes, commencing November 15, 2011 until November 14, 2012, with an option to renew for up to and including an additional four year term; and, THAT the Warden and Chief Administrative Officer be authorized to sign the contract. Carried. 2011 Audited Consolidated Financial Statements and Financial Information Return Director of Financial Services The director presented the report and consolidated financial statements for the year ended 2010. County Council 3 September 27, 2011 Moved by Councillor Jenkins Seconded by Councillor Wiehle THAT the report titled "2011 Audited Consolidated Financial Statements and Financial Information Return" dated September 12, 2011 be received and filed. Carried. Budget Comparison, August 2011 Director of Financial Services The Director presented the report, showing the County performance was favourable. Moved by Councillor McIntyre Seconded by Councillor Walters THAT the report titled "Budget Comparison, August 2011" dated September 13, 2011 be received and filed. Carried. 2010 Performance Measures Director of Financial Services The director presented the report and noted it will be published on the County's website. Moved by Councillor Mc William Seconded by Councillor Marr THAT the report titled "2010 Municipal Performance Measures" dated September 1, 2011 be received and filed. Carried. Staff was asked to provide an explanation on the "per used kilometer" figure used in the report at a future meeting. Council recessed for ten minutes. Requests and Concerns Policy Revision Director of Homes and Seniors Services The director presented the report, outlining the revisions required under the Long Term Care Act 2007. Moved by Councillor Ens Seconded by Councillor Walters THAT the policy titled "Requests and Concerns" and corresponding form revisions be approved; and, THAT the report titled "Requests and Concerns Policy Revision" dated September 12, 2011 be received and filed. Carried. New Revised Policies Procedures: Residents' Bill of Rights; Resident Abuse; Staff Reporting and Whistle Blower Protection Director of Homes and Seniors Services The director presented the revisions of the three policies and procedures. Moved by Councillor Marr Seconded by Councillor McWilliam THAT the policy revisions Admin 2.1 Residents' Bill of Rights and Admin 2.11 Resident Abuse be approved as amended; and, THAT the new policy Admin 2.3 Whistle Blower Protection be approved as written; and, County Council 4 September 27, 2011 THAT the report titled "New Revised Polices and Procedures, Residents' Bill of Rights, Resident Abuse, and Staff Reporting and Whistle Blower Protection" dated September 13, 2011 be received and filed. Carried. Pet Visitation Policy and Pet Visitation Pamphlet Director of Homes and Seniors Services The director presented the report, noting the policy was required under the Long Term Care Act 2007. Moved by Councillor McIntyre Seconded by Councillor Jenkins THAT the new administration policy numbered Admin 1.25 titled "Pet Visitation" and the Pet Visitation pamphlet, be approved; and, THAT the report titled "Administration 1.25-Pet Visitation Policy-New and Pet Visitation Pamphlet" dated September 13, 2011 be received and filed. Carried. Kalita-Pfeifer Talbot Line Municipal Drains Director of Engineering Services The director presented the report outlining the background on the two drains. Moved by Councillor McIntyre Seconded by Councillor Jenkins THAT staff be directed to appeal to the Drainage Tribunal to maintain the engineer's original assessment for the Kalita-Pfeifer Drain and the Talbot Line Drain. Carried. Farming Equipment and County Roads Director of Engineering Services The director presented the report, a follow up to a staff direction from September 13, 2011 council that an ad hoc committee be struck to review safety concerns around farm equipment. Moved by Councillor Walters Seconded by Councillor McIntyre THAT an ad hoc committee chaired by Councillor Walters be struck to investigate ways of improving road grading swales along county roads; and, THAT the report titled "Farming Equipment and County Roads" dated September 15, 2011 be received and filed. Carried. Bridge Weight Restrictions Director of Engineering Services The director presented the report, noting all municipalities are required to re-evaluate the condition of weight restricted structures every two years. Moved by Councillor Wiehle Seconded by Councillor McWilliam THAT no vehicle or any class thereof, whether empty or loaded, shall be operated over any bridge designated on Schedules No. 1 and No. 2 forming part of this by-law with a weight in excess of the weight limited prescribed in the schedule for such bridge and that this by-law become effective until October 20, 2013; and, THAT this by-law become effective once the weight postings have been posted; and, County Council 5 September 27, 2011 THAT By-Law No. 09-28 and By-Law No. 09-35 be repealed. Carried. CORRESPONDENCE (Items for Consideration) 1. Cathy Balcomb, Deputy Clerk, Norfolk County, requesting a provincial moratorium on industrial wind turbines. 2. Paul Collins, President and CEO, St. Thomas Elgin General Hospital, thanking Council for opportunity to attend County Council and also has provided responses to key hospital questions. 3. Don Mathieson, Chair, Southwest Economic Alliance, seeking support for the establishment of a Provincial Southwestern Ontario Development Fund. 4. Joe Docherty, Executive Director, North America Railway Hall of Fame, inviting County Council to "Station Celebration' on October 28, 2011 to kick off their capital campaign. The following recommendations were adopted in regard to Correspondence Items #1 4. Moved by Councillor Walters Seconded by Councillor Marr THAT Correspondence Item #1 be received and filed. Moved by Councillor Jenkins Seconded by Councillor Mc William THAT Correspondence Item #2 be received and filed. Moved by Councillor Couckyut Seconded by Councillor Ens THAT Correspondence Item #3 be received and filed. Moved by Councillor Walters Seconded by Councillor McIntyre THAT Correspondence Item #4 be received and filed. CORRESPONDENCE Items for Information (Consent Agenda) Carried. Carried. Carried. Carried. 1. Donna Ethier, CAO/Clerk, Township of Southwold, with resolution regarding fire dispatch services agreement. 2. Chris Ripley, Manager, Regulatory Applications, Union Gas, with a copy of a Notice of Application, Union Gas Limited Rates for 2012. The following recommendations were adopted in regard to Correspondence Items #1 2. County Council 6 September 27, 2011 Moved by Councillor McIntyre Seconded by Councillor Walters THAT Correspondence Item #1 be received and filed. Moved by Councillor Marr Seconded by Councillor Mc William THAT Correspondence Item #2 be received and filed. OTHER BUSINESS Statements/Inquiries by Members Councillor Walters declared his intention to let his name stand to run as Warden for the 2012 year term of council. Warden Mennill announced Elgin County was the recipient of two international marketing awards, presented at the International Economic conference last week for Savour Elgin. He congratulated the County's Economic Development and Tourism Services department for their work. A letter of congratulations to the County from the Southwest Ontario Tourism Corporation was circulated. Councillor Mc William reported on the tree planting ceremony at the County Administration Building during National Tree Day on September 21, 2011 where he represented County Council as Deputy Warden. Notice of Motion None. Matters of Urgency None. Closed Meeting Items Moved by Councillor McIntyre Seconded by Councillor Jenkins DELEGATION Carried. Carried. THAT we do now proceed into closed meeting session in accordance with the Municipal Act Section 240.2 (b) personal matters about an identifiable individual, including municipal or local board employees Hospital Redevelopment and the President/CEO Contract; 240. 2 (d) labour relations or employee negotiations Library Service During Holiday Season; 240.2 (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board Insurance Opinion re: Insurance Proposals; and, E. (Elgin) v. Brown (Steve/Joanne). Carried. Bruce Babcock, Chair, St. Thomas Elgin General Hospital Board of Governors, and Tom Marks, County Council's representative on the hospital board. The Chair of the hospital board made a presentation and responded to questions from council on hospital redevelopment and the President/C.E.O. contract. Motion to Rise and Report Moved by Councillor Marr Seconded by Councillor Walters THAT we now rise without reporting. Carried. County Council 7 September 27, 2011 PRESENTATIONS Warden Mennill thanked retiring Elgin-Middlesex-London Member of Provincial Parliament Steve Peters for this work on behalf of the County, and presented him with gifts of recognition. He was given a standing ovation. Duncan McPhail, Chair, the International Plowing Match 2010 Executive Committee, gave a report and presented the final repayment to the County of Elgin for its financial support of the Match. John Wise was introduced and presented to the County Archives, the Wise family plow. The Warden thanked the Committee and presented them with a plaque, to be included near the plow in a future exhibit. International Plowing Match Legacy Agricultural Scholarship Program Administrative Services Coordinator The report on the proposal for an agricultural scholarship as part of the legacy of the International Plowing Match 2010, hosted in Elgin County, was considered. Moved by Councillor McIntyre Seconded by Councillor Walters THAT Elgin County Council approve the request by the Elgin-St. Thomas Executive Committee of the International Plowing Match, 2010, (IPM) to fund a scholarship over a 10-year period, effective 2012, as a legacy to the community from the IPM; and, THAT the County apply $50,000 of the IPM loan repayment amount totaling $92,000 to the scholarship program; and, THAT staff be directed to develop criteria for Council's consideration to award scholarships to one female and one male each year in the amount of $2,500 per scholarship, who are to attend college or university studying in agriculturally-related programs with the criteria to include involving the IPM Executive Committee Chair on the selection committee; and, THAT the County administrate the program, on behalf of the IPM Executive Committee; and, THAT the 10-year financial plan be adjusted to reflect this grant; and, THAT the report titled "International Plowing Match Legacy Agricultural Scholarship Program" dated September 20, 2011 be received and filed. Carried. The meeting recessed at 12:30 p.m. and reconvened at 1:05 p.m. Moved by Councillor Ens Seconded by Councillor Marr THAT we do now proceed to continue the closed session from earlier in the meeting. Carried. There was discussion on the presentation regarding the St. Thomas Elgin General Hospital. The Director of Community and Cultural Services presented a report on Library Service during the Holiday Season. The Chief Administrative Officer presented a report on Insurance Opinion regarding Insurance Proposals. The Chief Administrative Officer presented a report on E. (Elgin) v. Brown (Steve/Joanne) regarding a tree by-law infraction. County Council 8 September 27, 2011 Motion to Rise and Report Moved by Councillor McIntyre Seconded by Councillor Marr THAT we do now rise and report. Moved by Councillor Walters Seconded by Councillor Ens Carried. WHEREAS Elgin County Council has always and continues to strongly support its local community hospital; and, WHEREAS Elgin County Council is fully prepared to make a significant contribution to the redevelopment campaign; and, WHEREAS Elgin County ratepayers have expressed concern with the contract of the recently retired hospital President and C.E.O., particularly the potentially negative effect the renewal of said contract may have on campaign fundraising efforts from a disgruntled public; NOW THEREFORE BE IT RESOLVED THAT Elgin County Council respectfully recommends to the Board of Governors of the St. Thomas Elgin General Hospital, that, for the betterment of the community, the recruitment of the President and C.E.O. position commence as soon as possible with the goal of replacement within one year's time. Moved by Councillor McIntyre Seconded by Councillor Marr Carried Unanimously. THAT staff be given direction to maintain the closure of Elgin County Library during the period between Christmas Day and New Year's Day in future collective bargaining with the Canadian Union of Public Employees. Moved by Councillor Wiehle Seconded by Councillor Jenkins THAT the confidential report regarding insurance proposals be received and filed. Moved by Councillor Wiehle Seconded by Councillor Marr Moved by Councillor Walters Seconded by Councillor Mc William Carried. Carried. THAT County Council accept the advice of the County Solicitor regarding a tree by-law infraction in correspondence dated September 2, 2011. Carried. Motion to Adopt Recommendations of the Committee of the Whole THAT we do now adopt recommendations of the Committee Of The Whole. Carried. County Council 9 September 27, 2011 BY-LAWS Moved by Councillor Ens Seconded by Councillor McIntyre THAT By-Law No. 11-22 "Being a By-Law to Restrict the Weight of Vehicles Passing Over Bridges and to Repeal By-Laws No. 09-28 and 09-35" be read a first, second and third time and finally passed. Moved by Councillor Jenkins Seconded by Councillor Couckuyt THAT By-Law No. 11-23 "Being a By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the September 27, 2011 Meeting" be read a first, second and third time and finally passed. ADJOURNMENT Moved by Councillor Walters Seconded by Councillor McIntyre THAT we do now adjourn at 2:40 p.m. and meet again on October 25, 2011 at the County Administration Building Council Chambers at 9:00 a.m. Chief Administrative Officer. Carried. Carried. Carried. Dave Mennill, Warden.