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June 23, 1998 Minutes COUNTY COUNCIL Tuesday, June 23rd, 1998 The Elgin County Council met this day at the Administration Building, at 9:08 AM., in accordance with adjournment, with all members present except Councillor McPhail (arrived at 9:20 AM.). The Warden in the Chair. Warden Clutterbuck expressed his condolences to Central Elgin for the recent drownings in Port Stanley and complimented the Mayor and Council and their handling of the matters. Moved by Councillor VanBrenk Seconded by Councillor Rock THAT the minutes of the meeting held on May 26th, 1998 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - None. PRESENTATION - LONG SERVICE AWARDS Warden Clutterbuck and Councillor VanBrenk presented long service awards to the following County employees, in attendance and in absentia: Homes for Seniors - Councillor Van Brenk Frederick J. Boyes Erika M. Lang Willard Shackleton Geoff Nash Julie Ann Acre Renee Budai Marjorie Gibson Tammy Jackson Jacoba Pennings Barbara J. Pressey Pat Smith Wanda L. Smith Wanda G. Teeple 25 years full-time 20 years full-time 20 years full-time 15 years full-time 10 years full-time 10 years full-time 10 years full-time 10 years full-time 10 years full-time 10 years full-time 10 years full-time 10 years full-time 10 years full-time Director of Homes Terrace Lodge Terrace Lodge Elgin Manor Terrace Lodge Elgin Manor Bobier Villa Terrace Lodge Bobier Villa Elgin Manor Bobier Villa Elgin Manor Terrace Lodge Shannel M. Taggart Shirley Tayes Robin L. Fleming Jill P. Hindley Sandy A Orchard Julie B. Taylor 15 years part-time 15 years part-time 10 years part-time 10 years part-time 10 years part-time 10 years part-time Elgin Manor Bobier Villa Elgin Manor Elgin Manor Elgin Manor Terrace Lodge County Library - Warden Clutterbuck Catherine M. Bishop Carol A Robson Carol L. Van Velzer 25 years full-time 10 years full-time 10 years full-time Katherine Corneil Janice E. Nicholson Cheryl E. Campbell Carole J. Smith 15 years part-time 15 years part-time 10 years part-time 10 years part-time County Council - 2 - June 23, 1998 Treasury Department - Warden Clutterbuck Suzanne E. Edwards 10 years full-time Council took a short break while photographs were taken of the award recipients. PRESENTATION - FAIR MUNICIPAL FINANCE ACT The Treasurer presented an overview on The Fair Municipal Finance Act (Bill 1 06) and (2) (Bill 149) for information purposes. This Act legislates new classes and new qualifiers for taxation. Ratios have been provided by the Province and, according to Queen's Park, taxation should remain approximately the same as 1997, although alternative/additional ratios and classes are available and will be reviewed. This new system is based on Current Value Assessment which will equate to the purchase value of a property. Higher assessed properties will pay a higher tax rate and lower assessed properties will pay a lower tax rate. Questions from Council were answered and the Treasurer pointed out that Council will have to make several decisions on new tax classes within 30 days, however, a 30 day extension can be requested. Moved by Councillor VanBrenk Seconded by Councillor Walters THAT the Council of the Corporation of the County of Elgin hereby requests a Minister's order pursuant to Clause 2(3.2) (a) of the Assessment Act for an extension of the deadline for adopting tax classes; and THAT consistent with Subsection 2(3.3) (a)2 of the Act the total duration requested for the extension order is 30 days. - Carried. Discussion ensued regarding the passing of the Levy By-Law within the Province's time constraints. Proceeding with caution versus finalizing the budgets in time for municipalities to divide any increases over at least two installments was discussed. As this is a matter of urgency, Councillors will ask their Treasurers to clear their calendars and finish the taxation issue as quickly as possible, to accommodate the timing of installments. Council set the date of July 21, 1998 for their next meeting, at which they will decide tax issues and pass the 1998 County Budget By-Law. Council took a short break at 10:12 AM. and reconvened at 10:29 AM. Moved by Councillor Wilson Seconded by Councillor Habkirk THAT we do now go into Committee Of The Whole. - Carried. REPORTS OF STAFF Homes Occupancy Report - Director. Homes for Seniors Moved by Councillor Rock Seconded by Councillor Walters That the May Occupancy Report for the Homes for Seniors be received and filed. - Carried. County Council - 3 - June 23, 1998 Sale of Surplus EQuipment - Homes Buses - Director. Homes for Seniors The bids received for the three Homes' buses were low and an additional bid was requested from Corey Auto Wreckers which was higher. Councillor McPhail asked if the buses could be used by service clubs for community transportation (CTAP). Councillor Rock commented that the buses could be stored at White's Station Garage until a decision is made on their disposition. Moved by Councillor Walters Seconded by Councillor Wilson THAT the two smaller Homes' buses not be sold at this time as the feasibility of community service groups within the County obtaining these buses for community transportation will be investigated; and further That proposals from service groups be received no later than December 23, 1998. - Carried. The buses will be stored at the White's Station Garage temporarily. Staff will forward letters to the Lower-Tier outlining Council's decision. It was decided that the large bus, which is in poor shape, will be left to the Homes' Building Supervisor to decide on disposition. The County Tree Commissioner/Weed Inspector attended at 10:30 AM. Surplus EQuipment - Generator at EIQin Manor - Director. Homes for Seniors It was noted that due to its location in the building, a professional would have to remove the old generator. Council consensus was that the County would have the generator moved outside the building before it is put up for sale and suggested the Homes' staff contact Yarmouth Metal to discuss the removal. Council also recommended that an advertisement be placed in the Western Ontario Farmer, as this sale would create a lot of interest with farmers. Moved by Councillor McPhail Seconded by Councillor van Kasteren THAT the Director/Administrator of the County Homes be authorized to advertise the old generator as surplus equipment and a request for bids be issued. - Carried. The Emergency Measures Co-Ordinator attended at 10:45 AM. Minor Exception Application - Tree CommissionerlWeed Inspector Mr. Geurts presented a Minor Exception to the Trees Act on behalf of Mr. Mel Styles and Mr. Bob Draper, to clear an area of approximately 3 acres that has been taken over by hawthorn. Moved by Councillor Wilson Seconded by Councillor Walters THAT the Application for Minor Exception to the Trees Act from Mr. Mel Styles and Mr. Bob Draper, Lot 32, Concession NBTR, Township of Southwold, to clear approximately 3 acres of hawthorn and trees, be approved. - Carried. Mr. Geurts left at 10:58 AM. County Council - 4 - June 23, 1998 BNAS and PERS and Amtelecom AQreements - EmerQency Services Co-Ordinator Moved by Councillor VanBrenk Seconded by Councillor Stewart THAT the Warden and the Administrator/Clerk be authorized to sign the following agreements to finalize activation of the County's 9-1-1 system and the necessary by-laws be prepared for: Bell Neutral Answer Service, Bell Public Emergency Reporting Service, and Amtelecom Public Emergency Reporting Service. - Carried. Ms. Dunn left at 11 :03 AM. Museum Operations to May 1998 - Treasurer Mrs. Veger reminded Council of the Strawberry Social to be held at the Pioneer Museum on Wednesday, June 25th, 1998 from 1 :30 to 4:00 p.m. Moved by Councillor van Kasteren Seconded by Councillor Rock THAT the Museum Operations' Report be received and filed. - Carried. Sale of Bobier Convalescent Home - Treasurer Moved by Councillor VanBrenk Seconded by Councillor McPhail THAT the sale of the Bobier Convalescent Home to Victorian Manor Rest Home in the amount of $145,000.00 be confirmed, as per the staff direction from Council on May 26, 1998. - Carried. June 30. 1998 - Levy Installment - Treasurer Due to the budget not being passed as yet, staff asked Council to authorize collection of the June 30th installment. Moved by Councillor Walters Seconded by Councillor VanBrenk THAT the June 30th, 1998 Levy Installment By-Law be approved as presented. - Carried. FundinQ Announcement - LonQ Term Care Facilities - Treasurer The Ministry of Health has announced that Capital Grants are available for renovating existing or building new long term care facilities, however, this funding will be paid out over a 20 year period. Moved by Councillor Wilson Seconded by Councillor Rock THAT, considering the draft form of the funding policy, and the fact that staff have not been able to verify the implications with the Ministry of Health, staff be directed to investigate the funding policy for long term care facilities with the Ministry of Health and report back to Council. - Carried. County Council - 5 - June 23, 1998 Aerial PhotoQraphy and MappinQ Software - ManaQer. EnQineerinQ Services Mr. Watters reported that the County mapping software should be upgraded and digitized mapping is preferred. He suggested that the Department could provide maps to the Lower-Tier as well other agencies. Council was concerned that this would expand the Engineering Services Department and may require additional staff to provide this mapping service. Council asked the Manager, Engineering Services, to provide a business plan to show the estimated payback time for this software. Mr. Watters will contact the Ministry of Natural Resources, Bell Canada and others, to determine if some form of collaboration can be arranged to cut the cost of the project. Moved by Councillor Walters Seconded by Councillor Stewart THAT the Manager, Engineering Services, be authorized to issue a Request for Proposals to provide hardware and services necessary to create a scanned photographic image of the County roads; and report back to Council. - Carried. Land Purchase for Road WideninQ - ManaQer. EnQineerinQ Services The amount paid by the County to purchase abutting land has been $5,000.00. This amount has not been reviewed since 1994 and the market value for farmland has escalated, which has made it difficult to negotiate purchases in the past year. Councillor McPhail commented that the public needs to be informed that land may be required for daylight triangles and road allowances, before severances are applied for. Mr. Watters commented that if the County requires land for their purposes, the County pays for the survey and arranges for utility locates, etc. The policy for the purchase of such land should be recorded in a manual for future reference. The Administrator/Clerk advised Council that the Land Division Secretary-Treasurer is working on a handout for applicants that will list potential concerns, such as these, and it should be available this Fall. Moved by Councillor VanBrenk Seconded by Councillor van Kasteren THAT, in an effort to facilitate the negotiations for road widening from land owners, the County Land Purchase Policy be amended to allow payment of up to $10,000.00 per hectare and that fencing be installed for property owners with workable fences; and further, That the report from the Manager, Engineering Services, be approved. - Carried. ReportinQ Schedule for Outside Boards and Committees - Deputy Clerk Council felt that it is important for outside appointees to report on the activities of their Boards to Council and a reporting schedule is necessary. Moved by Councillor Wilson Seconded by Councillor VanBrenk THAT the schedule for reporting by appointees to outside Boards, as presented in the report from the Deputy Clerk, be adopted and the procedural by-law be amended; and further That for this year, the Boards scheduled to report in July will report in September. - Carried. County Council - 6 - June 23, 1998 Benefits - MarketinQ Survey Recommendations - Personnel Administrator The marketing exercise uncovered a premium overpayment of $26,158.53, which has now been received. It was also noted that the brokerage fee for Buffett Taylor is 1.75% compared to the previous broker's fee of 3%. Mr. Underhill requested a group meeting be held with the County municipalities which would outline the benefits of everyone being included under the County's umbrella plan. Moved by Councillor Walters Seconded by Councillor Stewart THAT the recommendations (rates and carriers) as presented by Buffett Taylor & Associates Ltd. be adopted, effective July 1, 1998. - Carried. BudQet Comparisons - Treasurer Moved by Councillor VanBrenk Seconded by Councillor Walters THAT the Treasurer's report on Budget Comparisons be received and filed. - Carried. CORRESPONDENCE Items for Consideration 1. Pat Vanini, Director of Policy and Government Relations, Association of Municipalities of Ontario, Re: Election of Representatives to AMO's Board of Directors. 2. Mabel E. Dougherty, Chair, 1998 Organizing Committee, County and Regional Sections, Association of Municipalities of Ontario, requesting the County's participation at this year's Conference in the form of a sponsorship. 3. Inky Mark, M.P. (Dauphin-Swan River) Critic, Municipalities, House of Commons, concerning the draft release of the New Canada Act and asking for feedback from County Council. 4. Jean-Marc Lanoue, Director, Ontario au travail Prescott Russell Ontario Works, requesting Council's support for the United Counties of Prescott and Russell's resolution concerning the funding of domiciliary hostels and related program costs. 5. Dianne C. Smith, Clerk-Treasurer, Township of West Garafraxa, requesting the Province to review the basis on which the assessed value of trailer parks and tourist camps is determined. 6. The Honourable Chris Hodgson, Chair, Management Board of Cabinet, Special Circumstances Fund, informing County Council that the County will be receiving $307,073.00 under the Provincial Government's Special Circumstances Fund. Moved by Councillor Wilson Seconded by Councillor McPhail THAT Correspondence Item #1 be received and filed. - Carried. County Council Moved by Councillor Stewart Seconded by Councillor Rock - 7 - June 23, 1998 THAT Correspondence Item #2 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #3. Moved by Councillor McPhail Seconded by Councillor Rock THAT the Council for the Corporation of the County of Elgin supports Section 5 of the Official Opposition's draft for the proposed New Canada Act. - Carried Unanimously. Moved by Councillor VanBrenk Seconded by Councillor Rock THAT Correspondence Item #4 be received and filed. - Carried. Moved by Councillor Rock Seconded by Councillor van Kasteren THAT Correspondence Item #5 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #6. Moved by Councillor Rock Seconded by Councillor Walters That the Special Circumstances Fund grant, provided by the Province of Ontario, in the amount of $307,073.00 be set aside in a Reserve Account to be expended at a future date, as determined by County Council. - Carried. Items for Information - (Consent AQenda) 1. The Honourable AI Leach, Minister of Municipal Affairs and Housing, confirming the reappointment of Ms. Eva Tippel as a member of the board of the Elgin and St. Thomas Housing Authority. 2. Bonnie Ewart, Assistant Deputy Minister, Social Assistance Employment Opportunities and Kevin Costante, Assistant Deputy Minister, Program Management, Ministry of Community and Social Services, announcing the staffing agreement between the Ministry of Community and Social Services and the Region of Peel. 3. John Ecker, Manager, Marketing and Communications, Ontario Heritage Foundation, requesting Council to nominate an individual for the 1998 Heritage Community Recognition Program. 4. Mayann Francis, Assistant Deputy Minister, Ministry of Municipal Affairs and Housing, Provincial-Municipal Education and Training Secretariat, thanking Mark McDonald for his participation as a presenter at the provincial information session on Municipal Restructuring on May 22, 1998. County Council - 8 - June 23, 1998 5. GAPLO-St. Clair Newsletter to Affected Landowners, re: information presented by landowners affected by negotiations with St. Clair Pipeline. 6. Premier Michael D. Harris, Premier of Ontario, thanking Council for their letter regarding local services realignment initiative and its potential financial impact on the County. 7. Sheila N. Willis, President and CEO, Ontario Clean Water Agency, with a copy of the First Quarter '98 Interim Report. 8. Bob Adie, General Manager, Central Region, Union Gas Limited, with a copy of the 1997 Annual Report. 9. Steve Evans, Director of Planning & Economic Development, County of Middlesex, with a model Nutrient Management by-law for Council's review and comment. Moved by Councillor Rock Seconded by Councillor van Kasteren THAT Correspondence Items #1-9 be received and filed. - Carried. The Administrator/Clerk advised that no response was received to the advertisement for an appointee to the Local Housing Authority Board. Councillors will take the item back to their local councils for input. OTHER BUSINESS 1) STATEMENTS/INQUIRIES BY MEMBERS Councillor Habkirk informed Council that he had attended the Thames Valley District Health Council meeting to address the ambulance issue which was deferred to the next meeting with the recommendation that members go back to speak to their local Councils for their input. Councillors McPhail and Wilson informed Council that 400 persons from across the County participated in the Elgin County T-Shirt judging contest. A letter will be forwarded to Van Pelt's thanking them for their efforts in organizing the contest and promoting the County. The winners and promoters will receive a written invitation to Council for recognition in September. Councillor Wilson commented that the representatives who attended a recent meeting with Middlesex County to discuss boundary roads were not well received. Middlesex representatives did not seem interested in listening to the position of Elgin County on these matters. Councillor McPhail handed out a photo from Councillor Rock's 50th birthday, dressed in his new Council outfit. 2) NOTICE OF MOTION - None. 3) MATTERS OF URGENCY Councillor Walters expressed to Council, the concerns the Municipality of Central Elgin and Transport Canada have, in regard to the recent deaths off the pier at Port Stanley and how they can be prevented in the future. The OPP has been asked to patrol the pier and lay trespass charges against anyone they find on the pier. Central Elgin has passed a motion refusing to take over ownership of any federal properties in Port Stanley until they are in satisfactory repair. County Council Moved by Councillor Stewart Seconded by Councillor Habkirk - 9 - June 23, 1998 THAT the Corporation of the County of Elgin endorses the resolution from the Municipality of Central Elgin refusing to accept responsibility for, or ownership of, federal properties in Port Stanley, until they are repaired to a long-term satisfactory manner, which includes accessibility and safety issues. - Carried. Council recessed at 12:15 P.M. and reconvened at 2:12 P.M. The Deputy Clerk advised that six requests for quotes for the Council photograph were sent out with no response. One telephone call had been received requesting how many photos would be required. The Deputy Clerk asked for a count of how many to order and all Councillors and Staff, in attendance, indicated they would like one. Council consensus was that Brian Wilsdon be engaged to take the annual photograph. Councillor Walters, on behalf of Central Elgin, thanked Warden Clutterbuck and others for attending at Port Stanley, after the recent drownings, and for offering their support. Moved by Councillor VanBrenk Seconded by Councillor Stewart THAT we do now proceed "In-Camera" to discuss property and personnel matters. - Carried. Warden Clutterbuck named Councillor Wilson as Chairman of the Committee Of The Whole for the In-Camera portion. Moved by Councillor VanBrenk Seconded by Councillor Walters THAT we do now rise and report. - Carried. Moved by Councillor Habkirk Seconded by Councillor McPhail THAT the Director/Administrator and Personnel Administrator be authorized to commence the recruitment of a Food Service Supervisor for Elgin County Homes on a one-year contract basis. - Carried. Moved by Councillor VanBrenk Seconded by Councillor Stewart THAT when Personnel Policies 11 and 12 (Terminations) are being considered, the Warden, or designate, be informed immediately and that County Council be made aware of the circumstances at the next regular Council meeting. - Carried. Moved by Councillor van Kasteren Seconded by Councillor Walters THAT the confidential reports from the Personnel Administrator, dated June 23, 1998, regarding Personnel Policies and Procedures, be approved. - Carried County Council Moved by Councillor Walters Seconded by Councillor Rock - 10- June 23, 1998 THAT the recommendations of Committee Of The Whole be adopted. - Carried. BY-LAWS Moved by Councillor McPhail Seconded by Councillor van Kasteren THAT By-Law No. 98-22 "Being a By-Law to Provide for Amounts to be Raised by the County Constituent Municipalities Required for County Purposes for the June 30, 1998 Levy Installment" be read a first and second time. - Carried. Moved by Councillor VanBrenk Seconded by Councillor Walters THAT By-Law No. 98-22 be read a third time and finally passed. - Carried. Moved by Councillor Rock Seconded by Councillor Wilson THAT By-Law No. 98-23 "To Authorize the Warden and the County Administrator/Clerk to Sign an Agreement with Employment Services Elgin for the Provision of the Employment Placement Component of Ontario Works" be read a first and second time. - Carried. Moved by Councillor VanBrenk Seconded by Councillor van Kasteren THAT By-Law No. 98-23 be read a third time and finally passed. - Carried. Moved by Councillor Rock Seconded by Councillor McPhail THAT By-Law No. 98-24 "To Authorize the Warden and the County Administrator/Clerk to Sign Agreements with Bell Canada for Bell Neutral Answer Service, and for Public Emergency Reporting Service to Provide for 9-1-1 Services in the County of Elgin" be read a first and second time. - Carried. Moved by Councillor VanBrenk Seconded by Councillor van Kasteren THAT By-Law No. 98-24 be read a third time and finally passed. - Carried. County Council Moved by Councillor Walters Seconded by Councillor Rock - 11 - June 23, 1998 THAT By-Law No. 98-25 "To Authorize the Warden and the County Administrator/Clerk to Sign an Agreement with Amtelecom Inc. for Public Emergency Reporting Service to Provide for 9-1-1 Services in the County of Elgin" be read a first and second time. - Carried. Moved by Councillor Habkirk Seconded by Councillor VanBrenk THAT By-Law No. 98-25 be read a third time and finally passed. - Carried. Moved by Councillor VanBrenk Seconded by Councillor McPhail THAT By-Law No. 98-26 "A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the June 23rd, 1998 Meeting" be read a first and second time. - Carried. Moved by Councillor McPhail Seconded by Councillor Stewart THAT By-Law No. 98-26 be read a third time and finally passed. - Carried. Moved by Councillor McPhail Seconded by Councillor van Kasteren THAT we do now adjourn at 3:14 P.M. to meet again on July 21st, 1998 at 9:00 AM. - Carried. Mark G. McDonald, County Administrator/Clerk. W. Perry Clutterbuck, Warden.