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October 25, 2011 MinutesCOUNTY COUNCIL Tuesday, October 25, 2011 The Elgin County Council met this day at the Administration Building at 9:00 a.m. with all members present. Warden Mennill in the Chair. ADOPTION OF MINUTES Moved by Councillor McIntyre Seconded by Councillor Walters THAT the minutes of the meeting held on September 27, 2011 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — Councillors Couckuyt, Walters and Wiehle declared, at the appropriate time, a conflict of interest with regard to the Closed Meeting report concerning 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, Councillors vacated the Council Chambers and refrained from discussing and voting on the item. Moved by Councillor Marr Seconded by Councillor Mc William THAT we do now move into the Committee Of The Whole Council. - Carried. REPORTS Hospitality Suite: ROMA/OGRA — Councillors Mc William and McIntyre Councillor Mc William outlined the background on the option of hosting a hospitality suite at the annual Rural Ontario Municipal Association/Ontario Good Roads Association Conference. Moved by Councillor Mc William Seconded by Councillor McIntyre THAT Elgin County Council discontinue hosting a hospitality suite during the annual 2012 Rural Ontario Municipal Association/Ontario Good Roads Association Conference in Toronto; and, THAT the report titled "Hospitality Suite at ROMA/OGRA" dated October 11, 2011 be received and filed. - Carried. Local Food Awareness Program, Trillium Application — Business Development Coordinator The General Manager of Economic Development presented the report outlining a partnership with Elgin St. Thomas Public Health to apply for funding for a local food awareness program. It was suggested a potential partner in the program may be the Ontario Vegetable Growers' Association. Moved by Councillor Marr Seconded by Councillor Walters THAT Elgin County Council enter into a collaborative partnership for the Trillium application for funding for the Local Food Awareness Program in partnership with Elgin St. Thomas Public Health. - Carried. County Council 2 October 25, 2011 Appointment of Closed Meeting Investigator for the County of Elgin and Constituent Municipalities — Chief Administrative Officer The Chief Administrative Officer presented the report outlining the recommendation that local administrators approve the re-appointment of the closed meeting investigator. Moved by Councillor McIntyre Seconded by Councillor Jenkins THAT Mr. John Maddox (JGM Consulting) be re-appointed as Closed Meeting Investigator for the County of Elgin for a four-year term ending on December 31, 2015; and, THAT Elgin County agrees to pay Mr. Maddox's retainer fee for Elgin County and its seven constituent municipalities ($3,100); and, THAT the Warden and Chief Administrative Officer be authorized and directed to sign the necessary documents and agreements; and further, THAT the necessary by-law and agreement be prepared. - Carried. Establishing an Elgin County Planning Office — Manager of Planning The manager presented the report on proposed options regarding the establishment of a planning office. Moved by Councillor Walters Seconded by Councillor McIntyre THAT the report on "Establishing an Elgin County Planning Office" dated October 7, 2011, be deferred until Council has had the opportunity to review the draft county Official Plan. - Carried. Elgin County Council Student Day — Manager of Archives The Director of Community and Cultural Services presented the schedule of events for the Student Day to be hosted by Council on November 8, 2011. Moved by Councillor McIntyre Seconded by Councillor Mc William THAT Council approve the proposed agenda of activities for student participants in Council's Student Day session on November 8, 2011. - Carried. Budget Comparison - September 2011 — Director of Financial Services The director presented the report, showing the County performance was favourable. Moved by Councillor Jenkins Seconded by Councillor Couckuyt THAT the report titled "Budget Comparison, September 2011" dated October 13, 2011 be received and filed. - Carried. 2010 Performance Measures Details for Roads Maintenance Costs — Director of Financial Services The director presented the report, providing explanations for performance measures versus the actual maintenance payment to municipalities. County Council 3 October 25, 2011 Moved by Councillor Mc William Seconded by Councillor Ens THAT the report titled "2010 Performance Measures Details for Roads Maintenance Costs" dated October 13, 2011 be received and filed. - Carried. Roof Replacement: Terrace Lodge — Director of Engineering Services The director presented the report, outlining the roof replacement tender that is to be issued. Moved by Councillor Jenkins Seconded by Councillor Ens THAT staff award the Roof Replacement - Terrace Lodge, Contract No. 4502-11-02(A) tender, as long as the County's purchasing policy is followed; and, THAT the lowest bid is selected and the bid received is within the budget allocations; and, THAT staff report the results of the award at the November 8, 2011 Council meeting. - Carried. King George Lift Bridge: Repairs to Hatch Cover — Director of Engineering Services The director presented the report outlining that emergency repairs are required for the hatch cover. Moved by Councillor Marr Seconded by Councillor Walters THAT Comstock Canada be directed and authorized to complete repairs to the King George Lift Bridge hatch at their estimated price of $16,500; and, THAT the funds be allocated from the Lift Bridge roof project, 6290-10-10. - Carried. Exterior Improvements to the King George Lift Bridge: Re-award — Director of Engineering Services The director presented the report, noting the project required re-tendering since the company initially awarded the contract had withdrawn its bid. Moved by Councillor Walters Seconded by Councillor Marr THAT Elgin County Council affirm that The Cobrell Company Limited be awarded the contract for the exterior improvements of the King George Lift Bridge — Re-Award, Contract No. 6290- 10-10 at a total price of $83,938.37, exclusive of HST; and, THAT if the cost increases above the tender amount approved by Council by more than 10 per cent, the director shall prepare a further report to Council outlining the expenditures; and, THAT the Warden and Chief Administrative Officer be authorized to sign the contract. - Carried. Custodial Maintenance Service — Director of Engineering Services The director presented the report outlining bids received for the tender of custodial services at the County Administration Building. County Council 4 October 25, 2011 Moved by Councillor McIntyre Seconded by Councillor Jenkins THAT J&A Cleaning Solutions be selected for the Custodial Maintenance Tender, Contract No. 5850-200-11 for a three-year term, commencing November 1, 2011 to October 31, 2014 with an option to renew for an additional two-year term at a total price of $231,216, exclusive of HST. - Carried. Council recessed at 10:00 a.m. and reconvened at 10:15 a.m. 2012 Changes to Ontario Municipal Employees Retirement System — Director of Human Resources The director presented the report outlining a contribution rate increase for employers and employees. Moved by Councillor Marr Seconded by Councillor Jenkins THAT the report titled "2012 Changes to Ontario Municipal Employees Retirement System" dated October 11, 2011 be received and filed. - Carried. 2011 Excess Indemnity Coverage and Occupational Accident Insurance Renewals - Director of Human Resources The director presented the report, noting insurances are to be renewed on November 1, 2011. Moved by Councillor Walters Seconded by Councillor Ens THAT Elgin County Council approve the Excess Indemnity and Occupational Accident coverages with Chubb Insurance Company of Canada for the period of November 1, 2011 to October 31, 2012. - Carried. CORRESPONDENCE Items for Consideration 1. Andrew Murie, Chief Executive Officer, MADD Canada, seeking support for opposition to any government plan to put liquor, beer or wine into community convenience stores. 2. Berry Vrbanovic, Federation of Canadian Municipalities (FCM) President, requesting renewal of annual FCM membership fee totaling $6,790.18. 3. Ron Eddy, Mayor, County of Brant, seeking support for the Provincial Government to amend the Municipal Tax Act to remove grain elevators from the industrial property class and include in the commercial property class. 4. Elizabeth VanHooren, General Manager/Secretary Treasurer, Kettle Creek Conservation Authority, seeking letter of support for the four Elgin Conservation Authorities to apply to the Ontario Trillium Foundation for establishment of Clean Water Program. 5. Mayor Heather Jackson-Chapman, City of St. Thomas and Mayor Bill Walters, Municipality of Central Elgin requesting County Council appoint a member to liaise with St. Thomas and Central Elgin in the Centennial Avenue Area Traffic Impact Investigation Project. County Council 5 October 25, 2011 6. Kevin Bushell, Executive Officer, Facility Services and Capital Planning, Thames Valley District School Board, with information on Disposition of the following properties: • Central Education Centre South, Central Elgin • Elmdale Public School, St. Thomas • Myrtle Street Public School, St. Thomas • Scott Street Public School, St. Thomas 7. Dan Mathieson, Chair, Southwest Economic Alliance, seeking support for the Provincial Government to create a multi-year economic development fund specifically for South-western Ontario in its next budget. 8. Bill Walters, Chair, Board of Health, Elgin St. Thomas Public Health requesting an extension to current County of Elgin lease with the Elgin St. Thomas Public Health Unit. The following recommendation was adopted in regard to Correspondence Item #1: Moved by Councillor Marr Seconded by Councillor Ens THAT Correspondence Item #1 be received and filed. - Carried. The following recommendation was adopted in regard to Correspondence Item #2: Moved by Councillor McIntyre Seconded by Councillor Couckuyt THAT Council renew the annual membership fee of $6,790.18 to the Federation of Canadian Municipalities. - Carried. The following recommendation was adopted in regard to Correspondence Item #3: Moved by Councillor Jenkins Seconded by Councillor Mc William THAT Council support the resolution from the County of Brant for the provincial government to amend the Municipal Tax Act to remove grain elevators from the industrial property class and include them in the commercial property class. - Carried. The following recommendation was adopted in regard to Correspondence Item #4: Moved by Councillor McIntyre Seconded by Councillor Walters THAT the County of Elgin support the four Elgin Conservation Authorities (CAs) application to the Ontario Trillium Foundation for the establishment of a Clean Water Program for Elgin County. - Carried. The following recommendation was adopted in regard to Correspondence Item #5: Moved by Councillor McIntyre Seconded by Councillor Wiehle THAT Correspondence Item #5 be received and filed. - Carried. County Council 6 October 25, 2011 The following recommendation was adopted in regard to Correspondence Item #6: Moved by Councillor Wiehle Seconded by Councillor McIntyre THAT Correspondence Item #6 be received and filed. - Carried. The following recommendation was adopted in regard to Correspondence Item #7: Moved by Councillor Walters Seconded by Councillor Couckuyt THAT, in keeping with its campaign promise under the rural platform, the Provincial Government be strongly encouraged to establish a multi-year rural and small urban economic development fund for Southwestern Ontario in its next budget; and, THAT Western Ontario Wardens' Caucus (WOWC), Southwest Economic Alliance (SWEA) and South Central Ontario Region Economic Development Corp. (SCOR) be so advised. Moved by Councilor Wiehle Seconded by Councillor Jenkins THAT Correspondence Item #7 be received and filed. - Carried. - Carried. Councillor Walters, Chair of the Board of Health and co-author of the letter, introduced the correspondence providing background to the Board's request. The following recommendation was adopted in regard to Correspondence Item #8. Moved by Councillor Marr Seconded by Councillor McIntyre THAT Correspondence Item #8 be referred to the Closed Meeting portion of Elgin County Council for consideration. - Carried. CORRESPONDENCE — October 25, 2011 Items for Information (Consent Agenda) 1. Bill Tucker, Director of Education, Thames Valley District School Board, providing a copy of the Thames Valley District School Board's 2010-2011 Report to the Community. (a copy of the report is available for viewing in Administrative Services or online at www.tvdsb.on.ca). 2. Melanie Knapp, Administrative Clerk, City of St. Thomas, with letter of support re: St. Thomas Elgin General Hospital President and C.E.O. appointment. 3. Letters of support re: Highway 3 By-Pass Traffic Assessment Study from: • Donna Either, CAO/Clerk, Township of Southwold; O Melanie Knapp, Administrative Clerk, City of St. Thomas; O Dianne Wilson, Deputy Clerk, Municipality of Central Elgin. The following recommendation was adopted in regard to Correspondence Items #1 - 3. County Council Moved by Councillor Walters Seconded by Councillor McIntyre 7 THAT Correspondence Items #1 - 3 be received and filed. - Carried. OTHER BUSINESS October 25, 2011 Statements/Inquiries by Members Councillor McIntyre invited council and the media to attend the Southwold Township-hosted presentation on the Ford Impact Study at the County Administration Building on October 25, 2011 at 1:30 p.m. Notice of Motion — None. Matters of Urgency — None. Closed Meeting Items Moved by Councillor Marr Seconded by Councillor Walters THAT we do now proceed into closed meeting session in accordance with the Municipal Act Section 240.2 (a) the security of the property of the municipality or local board — 99 Edward Street, St. Thomas; and, Section 240.2 (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board — Elgin v. Brown Tree By-Law Matter. - Carried. The Chief Administrative Officer presented a verbal report on Elgin v. Brown tree by-law matter. Councillors Couckuyt, Walters and Wiehle departed from Council Chambers at 10:40 a.m. The Chief Administrative Officer presented the report on the Request for Lease Extension - Public Health at 99 Edward Street. Councillors Couckuyt, Walters and Wiehle returned to Council Chambers at 11:20 a.m. Motion to Rise and Report Moved by Councillor McWilliam Seconded by Councillor Marr THAT we do now rise and report. - Carried. Moved by Councillor Ens Seconded by Councillor McIntyre THAT the request from Elgin St. Thomas Public Health for a lease extension be deferred pending further information and providing Council more time to consider the request. - Carried. Councillors Couckuyt, Walters and Whiele took their seats. Moved by Councillor Jenkins Seconded by Councillor Walters THAT the confidential advice from the County Solicitor regarding the withdrawal of a tree by-law matter be accepted and supported. - Carried. County Council 8 Motion to Adopt Recommendations of the Committee of the Whole Moved by Councillor Marr Seconded by Councillor Ens THAT we do now adopt recommendations of the Committee Of The Whole. - Carried. BY-LAWS Moved by Councillor McIntyre Seconded by Councillor Couckuyt October 25, 2011 THAT By-Law No. 11-24 "Being a By-Law to Re-Appoint 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. 09-31" be read a first, second and third time and finally passed. - Carried. Moved by Councillor Ens Seconded by Councillor Couckuyt THAT By-Law No. 11-25 "Being a By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the October 25, 2011 Meeting" be read a first, second and third time and finally passed. - Carried. ADJOURNMENT Moved by Councillor Walters Seconded by Councillor McIntyre THAT we do now adjourn at 11:30 a.m. and meet again on November 8, 2011 at the County Administration Building Council Chambers at 9:00 a.m. - Carried. Chief Administrative Officer. Dave Mennill, Warden.