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10 - June 26, 2012 County Council Agenda Package includes Addendum in delegation section - by-law 12-16 didnt' go ORDERS OF THE DAY FOR TUESDAY, June 26, 2012 – 3:00 P.M. ORDER 1st Meeting Called to Order 2nd Adoption of Minutes – June 12, 2012 3rd Disclosure of Pecuniary Interest and the General Nature Thereof 4thPresenting Petitions, Presentations and Delegations 5th Motion to Move Into “Committee Of The Whole Council” 6th Reports of Council, Outside Boards and Staff 7th Council Correspondence 1) Items for Consideration 2) Items for Information (Consent Agenda) OTHER BUSINESS 8th 1) Statements/Inquiries by Members 2) Notice of Motion 3) Matters of Urgency 9th Closed Meeting Item(see separate addendum) 10th Recess 11th Motion to Rise and Report 12th Motion to Adopt Recommendations from the Committee Of The Whole 13th Consideration of By-Laws 14th ADJOURNMENT NOTICE: Deputy Warden for June – Dave Marr Deputy Warden for July – Dave Mennill 4:30 p.m. June 26, 2012 Joint Meeting with City of St. Thomas Carnegie Room, St. Thomas Public Library re: ODSP Matter July 10, 2012 County Council Meeting (Tentative) July 24, 2012 County Council Meeting 1 DRAFT COUNTY COUNCIL MINUTES Tuesday, June 12, 2012 The Elgin County Council met this day at the Administration Building at 9:00 a.m. with all members present. Warden Walters in the Chair. ADOPTION OF MINUTES Moved by Councillor McIntyre Seconded by Councillor Ens THAT the minutes of the meeting held on May 8, 2012 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF – None. DELEGATIONS Danial Dale, First Yarmouth (Plains) Baptist Church, Board of Trustees’ member asked council to reconsider the decision to install no parking signs on Sparta Line in front of the church. Moved by Councillor Marr Seconded by Councillor Jenkins THAT the presentation be received and filed. - Carried. Moved by Councillor Marr Seconded by Councillor Mennill THAT we do now move into Committee Of The Whole Council. - Carried. REPORTS No Parking By-Law Amendment: Sparta Line (First Baptist Church/Plains Church) – Deputy Director of Engineering Services The deputy director outlined concerns and potential options regarding the parking situation. Moved by Councillor Mennill Seconded by Councillor McIntyre THAT the matter be deferred in order for the county’s insurer to review the situation; and, THAT staff review the issue to see if it pertains to other churches in Elgin County; and, THAT staff report back to council. - Carried. No Spraying Policy – Deputy Director of Engineering Services The deputy director presented a report on the no spray policy regarding the treatment of weeds. 2 Moved by Councillor McIntyre Seconded by Councillor Marr THAT the Maintenance Best Practice, No Spray Policy, as attached, be adopted and included in the revised Maintenance Agreement with partner municipalities. - Carried Unanimously. Request For Additional Funds: Elgin County Official Plan Project – Manager of Planning The manager presented the report, requesting additional funding for consultants Meridian Planning Consultants Inc. to complete the Official Plan as two additional drafts of the plan were unexpectedly required. Moved by Councillor Mennill Seconded by Councillor McIntyre THAT the request by Meridian Planning Consultants Inc., for an additional expenditure of up to $15,000 be approved and funded through efficiencies in the approved budget for planning with the understanding that these funds will not be released to Meridian until after Elgin County Council adopts the Official Plan By-Law and it is submitted to the province for approval. - Carried. Elimination of Federal Funding for National Archival Development Program – Manager of Archives The manager presented the report noting elimination of this funding by the federal government would have an unfavourable impact on the county archives. The Director of Community and Cultural Services reported he had been asked to consider appearing before the standing committee on heritage at the Canadian legislature regarding the elimination of this program. Moved by Councillor Mennill Seconded by Councillor Jenkins THAT the Warden on behalf of Elgin County Council issue a letter to the Federal Minister of Canadian Heritage to restore funding to the National Archival Development Program effective immediately and with a commitment to long-term sustainable funding, citing the program’s critical importance to small and medium-size archival institutions across Canada; and, THAT the Warden on behalf of Council issue a letter to Joe Preston, M.P., Elgin-Middlesex- London to also lobby the Minister to reinstate funding for the program. - Carried. Renaming of Bayham Library to Straffordville Library – Director of Community & Cultural Services The director presented the report, recommending the change of name of the library, reflecting the name commonly used by the community. Moved by Councillor Ens Seconded by Councillor Wiehle THAT Bayham Library be renamed Straffordville Library, effective immediately, with full implementation on exterior signage, directory listings and promotional materials by the end of 2012. - Carried. Historical Publications: Price Reductions – Director of Community & Cultural Services The director presented the report requesting deductions in established book prices so the inventory can be cleared. 3 Moved by Councillor Couckuyt Seconded by Councillor Marr THAT ‘A Harvest of Memories: Elgin’s History Through a Photographer’s Lens, Volume II’ (2010) be sold for a price of $15 each inclusive of all taxes; and, THAT ‘The Scott-Sefton Collection: Elgin’s History Through a Photographer’s Lens, Volume I’ (2001) be reduced to $10 each inclusive of taxes for hard and soft covers; and, THAT ‘Tremaine’s Atlas of the County of Elgin, 1864’ (2002) be reduced to $20 each inclusive of all taxes; and, THAT staff be authorized to establish wholesale pricing for any of the aforementioned publications on a case-by-case basis. - Carried. Council recessed at 9:45 a.m. and reconvened at 10:00 a.m. Linen Laundry Services: Elgin County Homes – Director of Homes and Seniors Services The director presented the report recommending a company to provide laundry service. Moved by Councillor Ens Seconded by Councillor Jenkins THAT Brite Healthcare Laundries be selected for the provision of linen laundry services for the Long Term Care Homes effective June 1, 2012 to May 30, 2014; and, THAT staff be authorized to extend the contract with Brite Healthcare Laundries for a further three-year term effective June 1, 2014 to May 30, 2017 upon successful delivery of service; and, THAT the Warden and Chief Administrative Officer be authorized to sign the contract. - Carried. Complementary and Alternative Medicine Therapies Policy – Director of Homes and Seniors Services The director presented the draft report, recommending that it be circulated for public input. Moved by Councillor Marr Seconded by Councillor Mennill THAT the attached document titled “Complementary and Alternative Therapies Policy for Elgin County Long Term Care Homes” dated June 12, 2012 be approved in principle and circulated for public input; and, THAT following the public review period, staff bring back the policy for final consideration by County Council. - Carried. Budget Comparison: April 2012 – Director of Financial Services The director presented the report showing a total performance to budget of $44,000. Moved by Councillor McIntyre Seconded by Councillor Ens THAT the report titled “Budget Comparison: April 2012” dated May 29, 2012 be received and filed. - Carried. 4 CORRESPONDENCE Items for Consideration – None. Items for Information (Consent Agenda) 1. Emil Kolb, Regional Chair and Chief Executive Officer, the Regional Municipality of Peel, with a resolution regarding the role paramedics currently perform in Ontario’s Health System. 2. Cynthia St. John, Executive Director, Elgin St Thomas Public Health with a copy of 2011 Financial Year – Public Health audited statement. 3. Jennifer Loos-Blanchard expressing her concerns to the Hon. Christian Paradis, Minister of Industry, regarding the elimination of the Community Access Program (CAP). 4. Joe Preston, MP, Elgin-Middlesex-London responding to Jennifer Loos-Blanchard’s concerns regarding the Community Access Program (CAP). 5. Hon. David O’Toole, Deputy Minister of Natural Resources informing Council of changes to Bear Wise Program. 6. Melanie Knapp, Administrative Clerk, City of St. Thomas, supporting the County of Elgin’s resolution to the provincial government regarding the placement of psychiatric patients in long term care facilities. 7. Premier Dalton McGuinty, responding to the County of Elgin’s resolution regarding the redevelopment of the St. Thomas Elgin General Hospital. 8. Peter Steckenreiter, Regional Director South West Region, Ministry of Community and Social Services advising that the Ministry of Community and Social Services Ontario Disability Support program office located in St. Thomas will be closing. 9. Steve Knipe, President, St. Thomas Elgin General Hospital Foundation providing update on the status of “rescoping” of the Capital Redevelopment Project for the Elgin General Hospital. 10. Dillon Consulting Limited with Notice of Study Commencement and June 12, 2012 Public Information Centre at the Timken Community Centre, St. Thomas in regard to Bridge Rehabilitations and Culvert Replacement. 11. The City of St. Thomas informing the County of Elgin of the Fairview Avenue Class Environmental Assessment Study Public Information Centre at Faith Church, St. Thomas on June 13, 2012. th 12. Second Stage Housing with invitation to their 10 Annual Golf Tournament on Thursday, July 12, 2012. 13. Art Lawson, General Manger, South Central Ontario Region Economic Development Corporation (SCOR) thanking Council for support of the SCOR EDC Regional Water Project. In regard to Correspondence Item #3: The Director of Community and Cultural Services noted that support for the Community Access Program was appreciated. In regard to Correspondence Item #11: Councillor Marr received confirmation from the Deputy Director of Engineering Services that the county would be informed of plans by the City of St. Thomas. In regard to Correspondence Item #13: Councillor Couckuyt clarified that the reference to funding from Elgin County was incorrect; no funding had been approved or set aside for the project. In regard to Correspondence Item #9: Councillor Mennill reported that plans seemed to be coming together for the St. Thomas Elgin General Hospital rebuild. 5 Moved by Councillor Couckuyt Seconded by Councillor Jenkins THAT Correspondence Items #1 - 13 be received and filed. - Carried. OTHER BUSINESS Statements/Inquiries by Members Councillor McWilliam reported on the recent successful medical recruitment Discovery Week event held in St. Thomas with first-year medical students being hosted by the City of St. Thomas and the County of Elgin. th Councillor Couckuyt invited councillors to attend the 125 anniversary of the Town of Aylmer on June 28, 2012, 4:30 p.m., Palmer Park. Councillor McIntyre reported on the recent unveiling of the past Speaker of the House’s portrait at Queen’s Park for former M.P.P. Steve Peters, an event which many county councillors attended. Notice of Motion Matters of Urgency Councillor Marr brought forward a letter to Elgin County Council from Central Elgin Council regarding correspondence Central Elgin received from the Port Stanley Village Association dated June 4, 2012. The correspondence regards a request from the Thames Valley District School Board for alternative uses for Port Stanley Public School. Moved by Councillor McIntyre Seconded by Councillor Mennill THAT correspondence from Linda Easton of the Port Stanley Business Association’s Sub- committee to support the Port Stanley Public School be referred to Elgin County Council in time for the meeting between County Council and the Thames Valley District School Board on June 20, 2012. - Carried. The Deputy Clerk/Director of Financial Services requested that partner municipalities support an emergency meeting of municipal treasurers to discuss preparation of tax bills with a deadline rd pending for the 3 property tax installment. Moved by Councillor Marr Seconded by Councillor Mennill THAT staff be directed to hold an emergency meeting with municipal treasurers to address the issue of the preparation of tax bills in view of the Township of Malahide Council’s delay in approving their local budget. - Carried. Closed Meeting Items Moved by Councillor Wiehle Seconded by Councillor Jenkins THAT we do now proceed into closed meeting session in accordance with the Municipal Act to discuss matters under Section 240.2 (a), two items: 99 Edward Street & Marianne Barrie Lease. - Carried. The Deputy Clerk/Director of Financial Services presented the report on 99 Edward Street. 6 The Deputy Director of Engineering presented the report on the Marianne Barrie lease. Moved by Councillor Jenkins Seconded by Councillor Couckuyt THAT we do now rise and report. - Carried. Moved by Councillor Mennill Seconded by Councillor McIntyre THAT the Warden and Director of Financial Services be authorized to sign the amending agreement dated May 9, 2012 for the sale of 99 Edward Street; and, THAT the Warden and Director of Financial Services be authorized to execute the sale of 99 Edward Street on the closing date providing for an adjustment for rent as directed by County Council; and, THAT the report titled “Amendment to Sale of 99 Edward Street” dated May 29, 2012 be received and filed. - Carried. Moved by Councillor Marr Seconded by Councillor Jenkins THAT the Warden and Chief Administrative Officer be authorized and directed to sign a lease agreement with Marianne Barrie for Room #246; and, THAT the lease start on May 1, 2012 for a lease rate of $14.80/sq. ft. for the term of lease, plus the HST ($3,774 annual payment). - Carried. PRESENTATION Jeff Lawrence, Tree Commissioner/Weed Inspector for the County of Elgin, presented an update on the Woodlands Conservation By-Law Promotional Campaign. In response to a question regarding conversion of farm land to forest land, the Tree Commissioner reported he would try to supply details in a future report. He also updated council on the emerald ash borer, saying it is spreading from the west to the east and there is no apparent inexpensive preventive treatment. Moved by Councillor McIntyre Seconded by Councillor Marr THAT the report titled “Woodlands Conservation By-Law Promotional Campaign” dated May 8, 2012 be received and filed. - Carried. Motion to Adopt Recommendations of the Committee of the Whole Moved by Councillor Mennill Seconded by Councillor Jenkins THAT we do now adopt recommendations of the Committee Of The Whole. - Carried. 7 County Council 7 June 12, 2012 BY-LAWS Moved by Councillor Jenkins Seconded by Councillor Ens THAT the By-Law to Amend the Schedule to By-Law No. EG1 (01-49) for The Regulation of Traffic” (First Baptist Church/Plains Church, Sparta Line) be deferred. - Carried. Moved by Councillor Wiehle Seconded by Councillor Couckuyt THAT By-Law No. 12-14 “Being a By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the June 12, 2012 Meeting” be read a first, second and third time and finally passed. - Carried. ADJOURNMENT Moved by Councillor McIntyre Seconded by Councillor Jenkins THAT we do now adjourn at 10:55 a.m. and meet again on June 26, 2012 at the County Administration Building Council Chambers at 1:30 p.m. - Carried. Mark McDonald, Bill Walters, Chief Administrative Officer. Warden. 8 9 10 11 12 13 14 REPORTS OF COUNCIL AND STAFF June 26, 2012 Staff Reports – (ATTACHED) Manager of Planning – Update on the Elgin County Official Plan project and Request to Schedule a Public Meeting for the Elgin County Official Plan Deputy Director of Engineering Services – Fiberglass Reinforced Chip Seal Director of Homes & Seniors Services – 2012/2013 Annual Long-Term Care Homes Funding Announcement Director of Homes & Seniors Services – Long-Term Care Task Force on Resident Care and Safety Director of Homes & Seniors Services – Kitchen Steamer Replacement – Bobier Villa Director of Financial Services – Potential Impacts of Delayed Budget Adoption for the Township of Malahide 15 REPORT TO COUNTY COUNCIL FROM: Steve Evans Manager of Planning DATE: June 19, 2012 SUBJECT: Update on the Elgin County Official Plan Project and Request to Schedule a Public Meeting for the Elgin County Official Plan INTRODUCTION: This report will provide County Council with an update on the Elgin County Official Plan project following an intensive, final consultation program on the draft document that was released on January 25, 2012 and a request to schedule a statutory public meeting as required under the Planning Act. DISCUSSION: Since the January 25, 2012 release of the Draft Official Plan, Meridian Planning Consultants and the Manager of Planning met with all local municipal Councils and attended public open houses on March 7 and 8, 2012. As well we met with the Steering Committee, Technical Committee and the Public Focus Group to present revisions to the draft document. As well the Manager of Planning met with Joe Preston MP and Jeff Yurek MPP, the Elgin Federation of Agriculture, the Health Unit, the City of St. Thomas Management Committee, and local municipal staff. In addition to the above noted consultation efforts Meridian Planning Consultants and the Manager of Planning have had extensive meetings and discussions with the Ministry of Municipal Affairs and Housing and partner Ministries and agencies including MNR, OMAFRA and local Conservation Authorities. These meetings were required as a result of the large number of comments received and the need to respond as quickly as possible so that as many of these comments could be resolved prior to County Council’s adoption of the Official Plan. These extensive meetings resulted in additional revisions to the Official Plan that have increased the costs of this project. At their last meeting, Council approved a request from Meridian Planning Consultants to increase the budget by an additional $15,000.00 to cover such additional work. Before County Council is able to adopt the Elgin County Official Plan by by-law, it must hold at least one public meeting for the purpose of giving the public an opportunity to make representations in respect of the proposed Official Plan. Ideally the public meeting should be held in the evening to provide an opportunity for as many people to attend as possible. The public meeting should be an opportunity for members of the public to speak and for Council members to ask questions in a relatively informal setting. In this respect it is 16 advised that Council sit as Committee of the Whole to convene the public meeting and to hear all submissions. At the close of the public meeting Council can resolve into formal Council session at which time consideration can be given to the adoption of the Official Plan by by-law. Notification of such meeting must be provided in accordance with Planning Act regulations that require publishing the notification in a newspaper that has sufficient circulation in the area to which the official plan applies. This will require that notices be placed in several newspapers that serve the various regions of Elgin County. In addition, written notification is required for prescribed recipients which shall also include a copy of the proposed Official Plan. In addition to the prescribed notification procedure the County of Elgin will also provide notification and a digital copy of the Official Plan on its web site. Posters will be placed in public buildings including County Libraries and Municipal Offices. A draft agenda for the public meeting is provided below for Council’s information: AGENDA Public meeting concerning a proposed Official Plan for the County of Elgin 1. Purpose of the public meeting – Chair 2. Confirm notice was provided in accordance with Section 17 of the Planning Act and Ontario Regulation 543/06 – Clerk 3. Presentation of Planning Report – Meridian Planning Consultants – Nick McDonald 4. Public Comments – 5. Questions – 6. Next steps – Manager of Planning 7. Meeting closed RECOMMENDATION: THAT County Council schedule a statutory public meeting for the Elgin County Official Plan on July 24, 2012 at 7:00 p.m. in the County Council Chambers. All of which is Respectfully Submitted Approved for Submission Steve Evans Mark G. McDonald Manager of Planning Chief Administrative Officer 17 REPORT TO COUNTY COUNCIL FROM: Peter Dutchak, Deputy Director of Engineering Services Sonia Beavers, Purchasing Coordinator DATE: June 14, 2012 SUBJECT: Fiberglass Reinforced Chip Seal INTRODUCTION: As part of the approved 2012 Capital Budget, tenders were advertised and issued as per the County's Procurement Policy. Submissions were received until Tuesday, June 19, 2012 for Fiberglass Reinforced Chip Seal, Contract No. 6250- 12A. DISCUSSION: One company submitted a bid for the Fiberglass Reinforced Chip Seal Tender. Bids were received as follows: COMPANY TENDER BID (exclusive of H.S.T.) Norjohn Contracting and Paving Ltd. $ 314,608.00 Norjohn Contracting and Paving Ltd. submitted the lowest bid for the Fiberglass Reinforced Chip Seal Tender at a total price of $ 314,608.00 exclusive of H.S.T., which includes the supply of labour, equipment and materials to place Fiberglass Reinforced Chip Seal on Glen Erie Line (County Road #42) and Third Line (County Road #18). This bid is within budget estimates. Fiberglass Reinforced Chip Seal has 3 main improvements over conventional “tar and chip” seals. A high quality aggregate is used (i.e. traprock) that provides for a more durable surface and darker finished appearance. A quality polymer emulsion (CRS-2P) is utilized to deter delamination. And finally, fibreglass strands are embedded within the emulsion to create a durable seal that provides resistance against edge breaking (“edge creep”). This work will be completed on County Roads #18 (Third Line), between Union Road and Mill Road, and on County Road #42 (Glen Erie Line). In 2011, this same product was applied by Norjohn Contracting on Richmond Road and Avon Drive. This unit price received by Norjohn Contracting is less than last year’s price. 18 As per the County of Elgin’s Purchasing Policy, if change orders are required for any of the above listed projects and the cost increases above the tender amount approved by Council by less than 10%, and the amount is within the overall budgeted project amount, work will proceed upon authorization by the Director. However, 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. RECOMMENDATION: THAT Norjohn Contracting and Paving Ltd. be selected for the Fiberglass Reinforced Chip Seal Tender, Contract No. 6250-12A at a total price of $314,608.00 exclusive of H.S.T.; 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 sign the contracts. All of which is Respectfully Submitted Approved for Submission Peter Dutchak Mark G. McDonald Deputy Director of Engineering Services Chief Administrative Officer Sonia Beavers Purchasing Coordinator Clayton Watters Director of Engineering Services 19 REPORT TO COUNTY COUNCIL FROM: Rhonda L. Duffy, Director of Homes & Seniors Services Jim Bundschuh, Director of Financial Services DATE: June 12, 2012 SUBJECT: 2012/2013 Annual Long-Term Care Homes Funding Announcement INTRODUCTION: In June 2012, the Minister of Health and Long Term Care (MOHLTC) announced the annual increases for long term care homes for the 2012/2013 funding year. The increase is significantly lower than previous years and has resulted in a negative impact to the Homes budget. This is effectively yet another example of downloading by the province resulting in the County trying to absorb this negative impact within the municipal envelope. DISCUSSION: Traditionally, long term care has received annual increases to all funding envelopes which include: nursing and personal care (NPC), program and support services (PSS), raw food and other accommodation (OA).Unlike past years where the MHLTC has provided substantial increases the 2012/2013 increase does not reflect that pattern and staff did not anticipate this lower increase during the budgeting process. In addition, the Ministry has provided increases effective April 1; however this funding year is effective July 1 which causes a further reduction of anticipated revenues/funding. The table below outlines the effective of funding versus budget on the relative envelopes: Apr-JunJul-Dec Funding Increases Effective July 1, 2012: ActualBudgetedBudgeted DiffDiff Nursing & Personal Care $0.00 -$2.57 -$2.57 Program & Support Services$0.00-$0.25 -$0.25 Raw Food $0.22 -$0.15 $0.07 Other Accommodation$1.09-$1.01 $0.08 Total Per Diem Increase$1.31-$3.98 -$2.67 As a result of below budgeted increase from the Ministry, the homes are placed in a negative position: Bobier Villa ($48,584) Elgin Manor ($99,977) Terrace Lodge ($85,527) ($234,089) Total 20 Co-payment fees passed on to residents have increased with a caveat dependent upon the classification of a home, A, B, or C, D or upgraded D. The basic co-pay per diem will increase by $1.81 to $55.04, semi-private per diems, in “New” or “A” homes only, will increase by $2.81 to $64.04, and private per diems will increase by $3.56 to $74.79 in “New” or “A” homes only. Semi-private and private bed per diems in “B”, “C”, “D”, or upgraded “D” homes will increase by $1.81 (reflecting only the basic co-pay increase). This means that Bobier Villa and Elgin Manor will ultimately begin to see slight increases in revenues as new residents are admitted; Terrace Lodge will not until such time as it is renovated/rebuilt. It should also be noted that although there is an increase in resident revenues, that in turn is applied against Ministry funding received. CONCLUSION: The funding provided by the MOHLTC does not adequately address the budgetary increases for the homes. While acuity of care continues to increase, funding does not appear to follow suit. With health care dollars seemingly being diverted to support the new initiatives for home care services, residents in long term care may be adversely affected should staffing levels be impacted. RECOMMENDATION: THAT the Minister of Health and Long Term Care be strongly encouraged to address the lack of funding being provided for the 2012/2013 funding year; and, THAT the Ontario Association of Non-Profit Homes and Senior Services be strongly encouraged to continue to advocate on behalf of long term care homes in support of increased funding; and, THAT staff endeavours to identify efficiencies within the 2012 budget to minimize negative year end performance. All of which is Respectfully Submitted Approved for Submission Rhonda L. Duffy Mark G. McDonald Director of Homes & Seniors Services Chief Administrative Officer Jim Bundschuh Director of Financial Services 21 REPORT TO COUNTY COUNCIL FROM: Rhonda L. Duffy, Director of Homes & Senior Services DATE: June 19, 2012 SUBJECT: Long-Term Care Task Force on Resident Care and Safety INTRODUCTION: Ontario has strong legislation to support the care and safety of long-term care residents and to prevent abuse and neglect. Independent of government, a Task Force was established in 2011 consisting of various associations and professionals who share the same commitment of protecting and advocating for the rights of individuals residing in long-term care, ensuring freedom from abuse and neglect. DISCUSSION: The Long-Term Care Task Force on Resident Care and Safety was established in 2011 by the Ontario Long Term Care Association (OLTCA), the Ontario Association of Non- Profit Homes and Services for Seniors (OANHSS), the Ontario Association of Residents' Councils (OARC) and Concerned Friends of Ontario Citizens in Care Facilities. The primary purpose of the task force was to respond to media reports of incidents of abuse and neglect in long-term care homes and underreporting of these incidents. The task force identified 11 actions which focused on areas where the long-term care sector can play a leadership role, six actions which require leadership by the Ministry of Health and Long-Term Care and a final action being a commitment to implement. Some of the highlights of the report’s recommendations include: 1. Make resident care and safety the number one priority in long-term care homes over the next year and a top priority in years to follow by, 2. Commit to reduce incidents of abuse and neglect in long-term care homes and be accountable for achieving results, 3. Advance the development of strong skilled administrators and managers, 4. Strengthen the ability of staff to be leaders in providing excellent and safe care, 5. Empower residents and families with a stronger voice and education, 6. Develop coaching teams to help homes improve, 7. Address direct-care staffing in homes by implementing the recommendations from the Sharkey report on strengthening staff capacity for better care (People Caring for People: Impacting the Quality of Life and Care of Residents of Long-Term Care Homes. A Report of the Independent Review of Staffing and Care Standards for Long-Term Care Homes in Ontario. May 2008). 22 8. Support residents and specialized needs to ensure their safety and the safety of others, 9. Address legislative requirements and processes that detract from resident care and may be driving abuse and neglect, and 10. Commitment to implement action plan. The intent of the report is to define the needs within long term care for operators to ensure an environment that is safe and secure from which an action plan for implementation has been recommended. A copy of the task force document has been distributed for review by Resident and Family Councils, the general public and staff within the homes. CONCLUSION: The Long-Term Care Task Force on Resident Care and Safety action plan suggests there are additional quality improvement needs in long term care. Specific recommendations for action include review of necessary staffing levels, to the qualifications and educational requirements of staff, to the public view of long-term care and to the enforcement of the long-term care act, to name a few, are yet to come. It is unclear at this time what additional requirements will be placed on long-term care homes as a result of the action plan. As the implementation spans several years, staff will continue to bring forward reports of new long-term care requirements as mandated through the action plan implementation. RECOMMENDATION: THAT the report titled “Long-Term Care Task Force on resident Care and Safety” dated June 19, 2012 be received and filed. All of which is Respectfully Submitted Approved for Submission Rhonda L. Duffy Mark G. McDonald Director of Homes & Seniors Services Chief Administrative Officer 23 REPORT TO COUNTY COUNCIL FROM: Annemarie Atkinson, Manager of Support Services, Bobier Villa DATE: June 19, 2012 SUBJECT: Kitchen Steamer Replacement - Bobier Villa INTRODUCTION: Bobier Villa has always strived to maintain equipment in good operating condition in order to serve quality meals to the residents, while ensuring its safe and efficient operation for staff. DISCUSSION: A crucial piece of kitchen equipment is the steamer. Steamers improve kitchen productivity (saves time) and are safer (preventing burns and strains). The present steamer at Bobier Villa is no longer functioning and it has exceeded its life expectancy in terms of economical repairs and preventative maintenance. Replacement cost for the steamer is approximately $10,000 plus installation. The steamer was not an anticipated expense and is not within the 2012 capital budget. In order to replace the steamer and remain within budget, staff can postpone furniture replacement which was budgeted for $10,000 under General and Administrative as an operating project. The $10,000 from the furniture operating project line would then need to be reallocated to the Dietary budget as a capital project. CONCLUSION: The current steamer at Bobier Villa needs to be replaced in order to ensure optimum meal quality and production. A transfer of operating funds from General and Administrative to Dietary capital budget in the amount of $10,000 will need occur in order to cover replacement costs and stay within the approved 2012 budget. RECOMMENDATION: THAT Council approve the relocation of $10,000 from the General and Administrative operating budget to the Dietary capital budget, and; THAT the report titled “Kitchen Steamer Replacement - Bobier Villa” dated June 19, 2012 be received and filed. All of which is Respectfully Submitted Approved for Submission Annemarie Atkinson Mark G. McDonald Manager of Support Services - Bobier Chief Administrative Officer Rhonda L. Duffy Director of Homes & Seniors Services 24 REPORT TO COUNTY COUNCIL FROM: Jim Bundschuh, Director of Financial Services Mark G. McDonald, Chief Administrative Officer DATE: June 19, 2012 SUBJECT: Potential Impacts of Delayed Budget Adoption for the Township of Malahide INTRODUCTION: At the County Council meeting held on June 12, 2012 a matter of urgency was approved which directed the Director of Financial Services to convene a meeting of local Chief Administrative Officers and Treasurers to discuss the impacts of a possible delay in the Township of Malahide setting its tax rate.The meeting took place on Monday, June 18, 2012 with a representative from almost all of the constituent municipalities in attendance. (NOTE: A synopsis of the meeting is attached) The purpose of this report is to apprise council of the outcome of the meeting and to recommend a course of action. DISCUSSION: The attached “draft” letter, addressed to the Township of Malahide Council, explains the various implications of setting a local budget beyond the by-law approved calendar thresholds. In short, each municipality, including the County, would incur substantial carrying charges if Malahide is unable to set a tax rate by no later than July 20, 2012. In addition to incurring borrowing charges and a hold back of Ontario Municipal Partnership Fund (OMPF), there will be a large increase in workload for staff who will have to issue additional tax notices (one set at normal tax time) and another (or more) after Malahide eventually passes its budget. Furthermore, this will cause public confusion, especially with properties with mixed assessments and multiple tax bills. Legally, the Township of Malahide is not obligated to pass its budget before the end of the year but practically this would cause perhaps unintended and costly consequences for local municipal partners. At the meeting of local CAO’s and Treasurers various options and alternatives were explored but only two are worthy of adoption: 1) - borrow for the loss in uncollected taxes until Malahide sets its tax rate and then to bill Malahide for the loss. 2) - strongly encourage Malahide to pass its budget in time to avoid additional costs, public confusion over tax notices and greater staff time to issue more tax bills. CONCLUSION: The meeting with the local CAO’s and Treasurers was helpful in exploring a variety of options and implications regarding the potential delay in setting Malahide’s budget. Consequently there were no objections to issuing a letter encouraging the Township of Malahide to complete its budget process in a timely fashion. 25 RECOMMENDATION: THAT County Council send a letter to Malahide Council encouraging the Township to approve its 2012 budget by no later than July 20, 2012 in order to avoid potential costly carrying charges for Malahide (estimated at $15,000 per month), potentially additional carrying charges for the other six municipalities who may have to borrow funds while waiting for Malahide budget approval; and finally, the additional administrative costs of issuing two sets of tax bills until the capping calculations can be finalized; and, THAT a copy of this recommendation be sent to each municipal partner. All of which is Respectfully Submitted Approved for Submission Jim Bundschuh Mark G. McDonald Director of Financial Services Chief Administrative Officer 26 27 June 18, 2012 Malahide Council Township of Malahide 87 John St. South Aylmer ON N5H 2C3 Dear Councillors, This letter is in follow-up to the presentation at your Council on June 12 regarding the impact Malahide tax rate th setting has on it partner municipalities. During that presentation, the process that is normally followed leading up to the payment of the September tax installments was presented. Potential implications for deviating from that normal process were also discussed. As promised, further research into the legal requirements under the Municipal Act has been conducted and the meeting with CAOs and treasurers from the seven municipalities was held. The Municipal Act defines the required timing of budget approval rather broadly. It can be approved as early as November of the prior year, or any time during the year for which the budget applies. However, as was discussed at your June 12 Council meeting, the Municipal Act 2001, c. 25, s. 343 (1) requires that the treasurer send a tax th bill to every taxpayer at least 21 days before any taxes shown on the tax bill are due. If Malahide Council was willing to wait until the last day of the year to receive its taxes from its rate payers, Council would need to set Malahide’s tax rates in or around November 26. Despite this, there are practical issues Council should consider th when determining what course of action should be taken. By delaying the collection of taxes beyond the September 15 date that Malahide normally adheres to, the th Township will have to take action to address the cash flow impact this will have. In addition, Ontario Municipal Partnership Fund (OMPF) payments are contingent on receiving the 2012 tax rate by-law by September 30, th further exacerbating the cash flow issue. Malahide’s financial obligations will continue whether or not taxes are collected on September 15. This includes paying suppliers, employees, and the school and county levy. Drawing th up to $3 million on a line of credit from the bank to cover for delayed taxes and OMPF payments would be one alternative to meeting this financial obligations at a cost of approximately $15,000 per month. The second consideration is the impact delaying has on the other municipalities within the County. The six other municipalities normally collect taxes on or before September 15, with the earliest date being for Central Elgin on th August 24. In order to meet the timing of August 24, all tax rates across the county would need to be approved thth by July 20 in order to allow Central Elgin enough time to process the tax bills and mail them 21 days in advance of th the payment due date. As discussed in your June 12 Council meeting, all the rates across the County need to be th approved in order to correctly process the capped properties. County of Elgin Financial Services 450 Sunset Drive St. Thomas, ON N5R 5V1 Phone: 519.631.1460 ext.141 28 If Malahide tax rates are set at a later date, requiring the other six municipalities to delay collection of taxes, those municipalities would incur cash flow issues and its associated costs just as Malahide would. Since the other municipalities could proceed with billing residential/farm properties following their normal tax cycle, the impact for each individual municipality would not be as significant as it would be for Malahide. However, it would still impose a hardship, in particular on Aylmer and Southwold that between them have close to $1 million in quarterly taxes on commercial/industrial properties, with the remaining four municipalities collecting a further $1 million. Although there is no provincial statute that could be used to force a timely resolution in Malahide, it would not be unexpected if the other municipalities billed Malahide for the incremental costs they incurred as a result of the delays. If you have any further questions, please do not hesitate to contact me. I will gladly work with your Council and staff in any way I can to help achieve an acceptable outcome for all of Elgin’s seven municipalities. Yours truly, Jim Bundschuh Director of Financial Services County of Elgin Financial Services 450 Sunset Drive St. Thomas, ON N5R 5V1 Phone: 519.631.1460 ext.141 29 CORRESPONDENCE – June 26, 2012 Items for Consideration 1. Tanya Yoganathan, Realty Disposal Publisher, Infrastructure Ontario, with Realty Disposal Notice for property in Southwold Township. 30 June 21, 2012 VIA e-mail Elgin County 450 Cunset Drive St. Thomas, ON N5R 5V1 Township of Southwold 35663 Fingal Line, General Delivery Final, ON N0L 1K0 Attn: Mark McDonald – CAO, Elgin County Donna Ethier – CAO / Clerk, Township of Southwold Re: Realty Disposal Notice Please be advised that the following property and/or vacant space is available in your community. This notice is being sent to you to determine if your municipality/county has any interest prior to the Province releasing to the open market. ******************************************************************************************** Surplus Lands and/or Buildings: Ministry of Transportation Elgin County Township of Southwold Project 8810 The property is located south of Wonderland Road and west of Ron McNeil line in Southwold and contains 10.19 acres with no current access. The property is presently zoned agricultural and the surrounding lands are under public and private ownership. Responses are due by July 19, 2012. ************************************************************************************************************* If your municipality is interested in the above noted properties, kindly advise in Thursday, July 19, 2012 writing to us on or before . If no response is received we will assume you have no interest and will proceed accordingly. Please call me at 416.326.7928 if you require any further information. Sincerely, 31 INFRASTRUCTURE ONTARIO Tanya Yoganathan Realty Disposal Publisher Disclaimer – Provincial Ministries have a first right on all property should there be a program requirement identified through the circulation process. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 COUNTY OF ELGIN By-Law No. 12-15 “BEING A BY-LAW TO ADOPT OPTIONAL TOOLS FOR THE PURPOSES OF ADMINISTERING LIMITS FOR THE COMMERCIAL, INDUSTRIAL AND MULTI-RESIDENTIAL PROPERTY CLASSES” WHEREAS the County of Elgin (hereinafter called the “Municipality”), in accordance , with Section 329.1 of the Municipal Act, 2001S.0. 2001, c.25, as amended (hereinafter called the “Act”), may modify the provisions and limits as set out in Section 329 of the Act, with respect to the calculation of taxes for municipal and school purposes payable in respect of property in the commercial, industrial and multi-residential property class; and WHEREAS the Municipality must similarly modify the provisions and limits as set out in Section 332 of the Act with respect to the “tenant cap” calculations; and WHEREAS this by-law shall only apply to properties in any of the Commercial, Industrial and Multi-Residential property classes to which Part IX of the Act applies; and WHEREAS for the purposes of this by-law the commercial classes shall be considered a single property class and the industrial classes shall be deemed to be a single property class; and WHEREAS “uncapped taxes” means, the taxes for municipal and school purposes that would be levied for the taxation year, but for the application of Part IX of The Act; and WHEREAS the Council may pass a by-law to apply any one or any combination of the following options: a) Set the annualized tax limit increase at 10% b) Set the prior year’s current value assessment (CVA) tax limit increase at 5% c) Set the CVA threshold for protected (increasing) properties at $250 d) Set the option for “Stay at CVA Tax” to yes. WHEREAS a by-law passed to adopt the provisions of Subsection 329.1 paragraphs 1 and 2 of the Act, provides that such provisions shall also apply to Section 332 of the Act with respect to the “tenant cap” calculations; and WHEREAS the Council has reviewed the provisions of Section 329.1 of the Act and hereby deems it necessary and appropriate to adopt optional tools for the purpose of administering limits for the Commercial, Industrial and Multi-Residential property classes. NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin hereby enacts as follows: 1. THAT paragraphs 1, 2, and 3, of Subsection 329.1(1) of the Act shall apply to the Commercial, Industrial and Multi-Residential property classes for 2012. 2. THAT: a) In determining the amount of taxes for municipal and school purposes for the year under Subsection 329(1) and the amount of the tenant’s cap under Subsection 332(5), the greater of the amounts determined under paragraphs a) and b) as set out below shall apply in determining the amount to be added under paragraph 2 of Subsection 329(1), and the increasing amount under paragraph 2 of Subsection 332(5), i) The percentage set out in Subsection 329(1) paragraph 2 and in Subsection 332(5) paragraph 2 shall be ten per cent (10%), and 59 – 2 – ii) The amount of the uncapped taxes for the previous year multiplied by five per cent (5%). b) The amount of the taxes for municipal and school purposes for a property for a taxation year shall be the amount of the uncapped taxes for the property for the year if the amount of the uncapped taxes exceeds the amount of the taxes for municipal and school purposes for the property for the taxation year as determined under Section 329, as modified under Section 329.1 of the Act and this by-law, by two-hundred and fifty dollars ($250.00) or less. c) The option for “Stay at CVA Tax” shall be set to yes. 3. THAT this By-Law shall come into force and take effect upon its passing TH READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 26 DAY OF JUNE 2012. Mark G. McDonald, Bill Walters, Chief Administrative Officer. Warden. 60 CLOSED MEETING AGENDA June 26, 2012 Staff Reports: 1) Director of Engineering Services –Municipal Act, Section 240.2 (a) the security of the property of the municipality or local board – Scott D. Avery (Company) Ltd. Lease. 61