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November 24, 1998 Minutes COUNTY COUNCIL Tuesday, November 24, 1998 The Elgin County Council met this day at the Administration Building, at 9:00 AM., in accordance with adjournment, with all members present. The Warden in the Chair. Moved by Councillor Habkirk Seconded by Councillor Walters THAT the minutes of the meeting held on November 10, 1998 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - None. PRESENTATIONS - LONG SERVICE AWARDS Warden Clutterbuck and Councillor VanBrenk presented Service Recognition Awards to the following County Employees in attendance and in absentia: LIBRARY Mary Lou A McMillan Christine M. Mayhew PERSONNEL Louise M. Eastbury 20 years (part-time) 15 years (part-time) 25 years (full-time) ENGINEERING SERVICES Clayton D. Watters 10 years (full-time) SOCIAL SERVICES Robert E. Bell TREASURY Anne R. Murray HOMES Frederick J. Boyes Marilyn D. Fleck Sharon A Sanders Grace M. Ford Yvonne C. Gavey Sylvia Underhill Marianne Merks Heather L. Provoost Margaret M. Flick Linda J. Pinchak Nancy J. Cole Debra E. Prikken Kim M. Welch 25 years (full-time) 10 years (full-time) 251/2 years (full-time) 25 years (full-time) 20 years (full-time) 15 years (full-time) 15 years (full-time) 15 years (full-time) 10 years (full-time) 10 years (full-time) 20 years (part-time) 20 years (part-time) 10 years (part-time) 10 years (part-time) 10 years (part-time) Director of Homes-Retirement Certificate Acting Director of Homes Terrace Lodge Bobier Villa Terrace Lodge Terrace Lodge Bobier Villa Terrace Lodge Terrace Lodge Terrace Lodge Elgin Manor Elgin Manor Bobier Villa Council took a short break at 9: 1 0 AM. while photographs were taken of the award recipients and reconvened at 9:20 AM. DELEGATIONS Mr. Ken Verrell, Elgin Photographic Heritage Society, presented a progress report on their activities for the year. The Society, which is run by volunteers, has cleaned and restored County Council 2 November 24, 1998 approximately 80,000 negatives from the Scott-Sefton Collection and prepared a database that details the photographs. The Society is seeking donations to help purchase a computer, scanner, software, and supplies that would allow the public to view the image on screen, before the photograph is printed. Mr. Verrell thanked County Council for allowing their Society the use of a room in the Administration Building, free of charge. Council commended the Society for their hard work and efforts and asked staff to see if there may be a computer available from the County or one of the local municipalities, to loan to the Society for their use. Mr. Verrell left at 9:27 AM. Moved by Councillor Wilson Seconded by Councillor van Kasteren THAT we go into Committee Of The Whole. - Carried. REPORTS OF COUNCIL REPRESENTATIVES EIQin County Land Division Committee - Mr. Dave Mennill. Chairman Mr. Mennill presented the annual Land Division Committee Report in which he highlighted the new Provincial requirement which recently came into effect that requires signs be placed at both corners of the property to be severed, as well as, notifying persons within 300 metres of the property, or publishing a notice in the newspapers. The County Land Division Committee agreed to the placing of signs on the corners of the property and notification of people within 300 metres, and will review this after a six-month trial period. Councillor McPhail suggested Land Division staff request a copy of Kent County's sign policy. Mr. Mennillleft at 9:40 AM. Moved by Councillor Walters Seconded by Councillor Rock THAT the Report from the Elgin County Land Division Committee be accepted as presented. - Carried. EIQin County Tree By-Law InvestiQation and Enforcement Protocols - Tree CommissionerlWeed Inspector Mr. Geurts explained that this policy was developed to assist in dealing with infractions of the Tree By-Law. Councillor McPhail asked that when the notice to destroy weeds is placed in the newspapers, promotion of the tree by-law be done at the same time. Moved by Councillor Rock Seconded by Councillor Walters THAT the attached policy entitled Elgin County Tree By-Law Investigation and Enforcement Protocols be approved and if required the necessary By-Law be amended. - Carried. Application for Minor Exception - Jean and Albert GrediQ - Tree CommissionerlWeed Inspector Mr. Geurts reported that no objections have been received from neighbours or the Catfish Creek Conservation Authority. County Council 3 November 24, 1998 Moved by Councillor Wilson Seconded by Councillor VanBrenk THAT the Application for Minor Exception to the Trees Act from Jean and Albert Gredig, Lots No. 18 and 19, Concession 10, Municipality of Central Elgin, to clear approximately .6 acres of trees to improve the efficiency in working the surrounding farm field, be approved. - Carried. Select Harvest of the EIQin County Woodlot - Tree CommissionerlWeed Inspector Mr. Geurts indicated that there is some valuable timber on the property and should be harvested to improve new growth in the woodlot. The use of specialized equipment will produce a much better harvest than row thinning. The cost for this service would be paid for up front, however, the County will realize approximately $10,000 to $20,000 once the timber is sold. Moved by Councillor Wilson Seconded by Councillor VanBrenk THAT the County of Elgin retain Deerleap Forestry Services to complete a more detailed marking of the County woodlot at an upset price of $800.00. - Carried. Comment ReQardinQ ReQion of NiaQara's ReQuest for Support for ChanQes to Trees Act/Municipal Act - Tree CommissionerlWeed Inspector Mr. Geurts indicated that the Red Tape Reduction Bill abolishes the Trees Act and replaces it with a new Forestry Act. There is no change in enforcement, but fines would increase to a maximum of $20,000 for infractions. "Stop Work Orders" would help Officers to enforce Tree By-Laws and would put more importance on the infractions. Councillor McPhail indicated that the Red Tape Reduction Bill affects many things, particularly in rural areas, and Councillors should review it carefully. Moved by Councillor McPhail Seconded by Councillor Wilson THAT the Tree Commissioner's report on the Region of Niagara's request for support for changes to the Trees Act/Municipal Act be tabled until further information is received on the Red Tape Reduction Bill. - Carried. Mr. Geurts left at 9:55 AM. Official Road Map of Ontario - ManaQer. EnQineerinQ Services Mr. Watters advised that the Province had requested the County to identify major and minor roads for inclusion in the next printing of this map. Moved by Councillor Habkirk Seconded by Councillor Rock THAT County Roads #3,4,19,73,74 and 76 be classified as King's Highway Two Lane Paved Transferred (Major) and Roads #25 and 30 be classified as Secondary Highway Two Lane paved (Major). All other Elgin County Roads will remain as either Secondary Highway Two Lane Paved (Minor) or Secondary Highway Two Lane Loose Surface. - Carried. County Council 4 November 24, 1998 1999 BudQet - Treasurer Mrs. Veger requested Council's input on an acceptable increase for 1999, to assist staff in preparing their budgets and also presented a sample standardized format for staff to use. Councillors agreed that there should be 0% increase and possibly a decrease. The Administrator/Clerk noted that Departmental Budgets will likely show an increase, due to salary and benefits rising, however, staff will endeavour to ensure there is no increase in the overall "County-controlled portion" of the 1999 Composite Budget. Moved by Councillor Walters Seconded by Councillor Stewart THAT staff be directed to prepare budgets for 1999 to reflect no increase in the overall County- controlled portion of the Composite Budget, that the standardized format for reporting be accepted, and the budget timetable be approved. - Carried. Year 2000 (Y2K) - Treasurer Council previously requested an RFP be taken out for a Consultant to oversee Y2K requirements. The Lower-Tier will not be participating in this proposal and have indicated that they will proceed on their own, requesting the County's expertise as required. Moved by Councillor Habkirk Seconded by Councillor Rock THAT the County utilize staff resources to prepare for the Year 2000 and that any previous recommendation contrary to this one be rescinded. - Carried. Council took a short break at 10:08 AM. and reconvened at 10:20 AM. Bill 79 Fairness for Property Tax Payers Act - Treasurer The Elgin Administrator's group dealt with this matter recently and concluded that there are many items in the Act that will take time to consider. Councillors indicated that the government has acted irresponsibly in placing tax restrictions this late in the year, to enact for 1998. Issues arising may well affect the 1999 budget as well. The public should be informed of who is responsible for the tax policies and the confusion caused by legislation introduced by the Province at year end. Mrs. Veger requested that Council set aside December 30, 1998, in the event a meeting is required to deal with this matter. Moved by Councillor Walters Seconded by Councillor Habkirk THAT a full page Public Notice be placed in the Elgin County Market to inform the public of the issues the County and Lower-Tier Municipalities have dealt with this year, as a result of the Provincial downloading, and also indicate that County Council may have to meet between Christmas and New Year's to deal with the impossible time-frames the Province has stipulated. - Carried. Moved by Councillor Habkirk Seconded by Councillor Walters WHEREAS the County has grave concerns regarding the time-frame allowed to make informed decisions in the best interest of the taxpayers within our boundaries; and, County Council 5 November 24, 1998 WHEREAS there are few analytical tools to assist staff in presenting options to Councils for their consideration; and, WHEREAS considering the late introduction of this legislation, the costs associated with analytical, communication and implementation are outside the 1998 budgetary process; NOW BE IT RESOLVED THAT the County of Elgin request the Minister of Finance to amend the capping legislation to take effect in 1999 to allow sufficient time for proper planning and implementation; and, THAT the Province provide funding to cover analytical, communication and implementation costs associated with Bill 79; and, further THAT the Province continue to support the OPT A program beyond 1998. - Carried Unanimously. Cannons on Court House Grounds - Deputy Clerk Moved by Councillor Habkirk Seconded by Councillor Walters THAT the Corporation of the County of Elgin hereby releases to the City of St. Thomas any right, title, or interest of claim which it may have in regard to the 32 pro guns located at the Court House on Wellington Street, St. Thomas; and THAT the City of St. Thomas agrees to save harmless the County of Elgin from all claims, demands, costs, including legal costs, arising from or in any way connected with such cannons; and further THAT the City of St. Thomas acknowledge in writing their acceptance of these terms and notify Disposals, Sales, Artifacts and Loans, National Defence Headquarters of the details of this transfer of responsibility. - Carried. Municipal Insurance - Deputy Clerk Mrs. Heffren indicated that there are new competitors in the municipal insurance market and asked if Council wished to tender for insurance purposes for 1999. Moved by Councillor Rock Seconded by Councillor VanBrenk THAT a Request for Proposals be issued for the County's corporate insurance purposes for 1999. - Carried. EmerQency Measures Committee Update - EmerQency Measures Co-ordinator Ms. Dunn indicated that the workshop held in June was well attended and informative. The County's Emergency Plan was exercised on November 18th and debriefing will occur on November 30th. The finalized Emergency Plan will be forwarded in December for Council's approval. Councillors and the Warden commented on the exercise and congratulated staff on their efforts, noting that during the exercise it became apparent that a large map, fastened on the wall to indicate problem areas as they arose, was desirable. Councillor Rock requested consideration be given to pursue, with the emergency service agencies, education of their employees to detail the activities that will be carried out, should the County Plan be invoked. Councillor Wilson suggested that promotion of the plan in the community should be done in schools, through public speaking, etc., to get the message out that we have an Emergency Plan County Council 6 November 24, 1998 should the need arise. Ms. Dunn indicated that she would be promoting more public awareness of the Plan in 1999. Moved by Councillor VanBrenk Seconded by Councillor McPhail THAT the Emergency Measures Committee Update Report from the Emergency Measures Co- ordinator be received and filed. - Carried. 9-1-1 EmerQency Telephone System Policy Manual - EIQin/St. Thomas 9-1-1 Cutover- EmerQency Measures Co-ordinator The cutover took place on August 27, 1998, and promotion of the service to the public has been very successful. Moved by Councillor Walters Seconded by Councillor Rock THAT the 9-1-1 Emergency Telephone System Pol icy Manual Report from the Emergency Measures Co-ordinator be adopted for implementation throughout Elgin County. - Carried. Councillor Walters invited Ms. Dunn to the Warden's Recognition Luncheon today and she left at 11 :00 AM. Occupational Health and Safety TraininQ in Lower-Tier Municipalities - Personnel Administrator Mr. Underhill indicated that the Health and Safety Co-Ordinator has visited some of the Lower- Tier municipalities to provide health and safety training, and encouraged others to use the County's expertise. Moved by Councillor Rock Seconded by Councillor VanBrenk THAT the Occupational Health and Safety Training in Lower-Tier Municipalities Report be received and filed. - Carried. Nurse Call System for Terrace LodQe - ActinQ Director of Homes Mrs. Fleck indicated that a call system would put residents at ease and provide quick access to nurses when required. The Home will be split into two separate nursing stations to handle the varying needs of the residents. Moved by Councillor VanBrenk Seconded by Councillor van Kasteren THAT the quotation from Media Multicom in the amount of $58,000 plus GST, for the supply and installation of the Maxivox Mini Com Nurse Call System be accepted for Terrace Lodge. - Carried. Telephone System for Terrace LodQe - ActinQ Director of Homes The current telephone system is outdated and the capacity has been outgrown. The move to a voice-mail system will ease after-hour staff time constraints. County Council 7 November 24, 1998 Moved by Councillor Habkirk Seconded by Councillor Stewart THAT the quotation from R.M.B. Communications in the amount of $12,640 plus taxes, for supply and installation of the Meridian Norstar Digital Telephone System including voice mail be accepted. - Carried. Homes Surplus Buses - ActinQ Director of Homes Mrs. Fleck reported that letters were sent out to service clubs in September, advising of the availability of the Homes surplus buses, and to indicate their interest by November 13th. There was no response received to these letters. Moved by Councillor McPhail Seconded by Councillor Walters THAT the Acting Director of Homes be authorized to sell the two surplus buses to Corey Auto Wreckers for $850.00 each, upon receipt of cheque. - Carried. BudQet Comparisons to September 30th. 1998 - Treasurer Councillor Rock requested an update on Elgin Manor repairs and painting. Mrs. Fleck indicated that one wing has been freshly painted and staff are moving in residents from special care. The repainting will continue after the Holiday Season. Mrs. Veger noted that Departments are all under budget and can see no potential problems. Moved by Councillor Habkirk Seconded by Councillor VanBrenk THAT the Treasurer's Report on Budget Comparisons to September 30th, 1998, be received and filed. - Carried. CORRESPONDENCE Items for Consideration 1. Town of Walkerton, with a resolution to petition the Province to share the gasoline tax in a fair and equitable manner. 2. Claude Cantin, President, Federation of Canadian Municipalities, with a Membership Application Form and a complimentary copy of "Forum". 3. Chester Hinatsu, Director of Ontario Works, City of St. Thomas, requesting County Council to approve a revised consolidation date deadline for Ontario Works, Child Care and Social Housing from January 1, 1999 to April 1 , 1999. 4. Ronald T. Sapsford, Assistant Deputy Minister, Ministry of Health, with the planning framework that outlines the regulations for an agency, board or organization to become a Board of Health. 5. The Town of Richmond Hill, requesting support for their resolution objecting to the passing of Bill 79 as it is unfair to local taxpayers and businesses. The following recommendation was adopted respecting Correspondence Item #1. County Council 8 November 24, 1998 Moved by Councillor Walters Seconded by Councillor Wilson THAT the Council of the Corporation of the County of Elgin supports the resolution of the Town of Walkerton petitioning the Province of Ontario to share the gasoline tax in a fair and equitable manner with the municipalities of the Province of Ontario. - Carried. Moved by Councillor Walters Seconded by Councillor Rock THAT Correspondence Item #2 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #3. Moved by Councillor Walters Seconded by Councillor Habkirk THAT the Council of the Corporation of the County of Elgin approves the amended date for implementation of Ontario Works, Child Care and Social Housing consolidation to July 1, 1 999. - Carried. The following recommendation was adopted respecting Correspondence Item #4. Councillor Habkirk noted that Page 94 of the Correspondence would seem to indicate that the Province will consider, on a case by case basis, approval for an organization to become a Board of Health and we should request Cabinet to consider the County taking over. Moved by Councillor Habkirk Seconded by Councillor McPhail THAT Correspondence Item #4 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #5 Moved by Councillor VanBrenk Seconded by Councillor Rock THAT the Council of the Corporation of the County of Elgin supports the resolution of the Town of Richmond Hill which objects to the passing of Bill 79 as unfair to local taxpayers and businesses. - Carried. Information - (Consent Aqenda) 1. The Honourable Elizabeth Witmer, Minister of Health, regarding the funding of unfunded liabilities beyond approvals given up to December 31, 1997. 2. The Honourable Charles Harnick, Attorney General and Minister Responsible for Native Affairs, with an announcement of the demonstration sites for the Provincial Offences Act (POA) transfers. 3. The Honourable Cam Jackson, Minister of Long-Term Care with responsibility for Seniors, regarding approval of funding for the County's adult day services for seniors. County Council 9 November 24, 1998 4. Dr. TE. Quinney, Provincial Coordinator, Fish and Wildlife Services, Ontario Federation of Anglers and Hunters, regarding the devastating effects the sea lamprey have on Great Lakes fisheries and the success of the control program. 5. David Harvey, Regional Director (A), Ministry of Health, announcing changes in staff for Ministry of Health due to the organization process known as - FutureShape. 6. Warden Harry Thede, County of Bruce, with a letter to Premier Harris regarding the County of Bruce's concerns with the transfer of land ambulance services. 7. AMO Member Communication - 1) Standards for Sulphur in Gasoline. 2) WSIB Benefits Rectified for Municipal Volunteer Firefighters and Ambulance Brigades 3) Final Recommendations of Provincially Appointed Social Housing Committee 4) Bill 79 Introduced: Fairness for Property Taxpayers Act. 8. The Honourable Isabel Bassett, Minister of Citizenship, Culture and Recreation, with information regarding the responsibilities of the Grant Review Teams to be set up by the Province to make recommendations on grants to local charities for community projects. 9. Ministry of Finance with: - Ontario News Release Communique - "Finance Minister Introduces Legislation to Help Small Businesses" - Ontario Backgrounder - "Fairness for Property Taxpayers Act, 1998". 10. Ontario Soil and Crop Improvement Association, with information regarding a "Nutrient Management Planning Conference" from March 24-26, 1999. 11. The Honourable Ernie Eves, Minister of Finance, advising that the next installment of the County's 1998 Community Reinvestment Fund and Special Transition Assistance allocation will be processed the week of November 16. Councillors Habkirk and Stewart, referring to Correspondence Item #8, indicated that their municipalities had already submitted names for consideration. The Administrator/Clerk advised Council that the deadline had been extended to November 26th. Councillors will take this item back to their municipalities and, if interested, will submit applications prior to the Thursday deadline. County staff will find out if another extension of the deadline is possible. Moved by Councillor VanBrenk Seconded by Councillor Rock THAT Correspondence Items #1 - 11 be received and filed. - Carried. Moved by Councillor Wilson Seconded by Councillor Stewart THAT we do now go "In-Camera" to discuss personnel and property matters. - Carried. Warden Clutterbuck named Councillor Wilson as Chairman of the Committee Of The Whole for the In-Camera portion. Council recessed at 12:00 noon for the Warden's Recognition Luncheon and reconvened at 1 :52 P.M. County Council 10 November 24, 1998 Moved by Councillor VanBrenk Seconded by Councillor McPhail THAT we do now rise and report. - Carried. Moved by Councillor VanBrenk Seconded by Councillor Walters THAT the Corporation of the County of Elgin agrees to sell the surplus property (Sparta Pit) to Catfish Creek Conservation Authority (CCCA) under the following conditions and that the necessary by-law be prepared: THAT the entire property would be sold to the CCCA for a nominal fee of $1.00; and THAT proceeds from any future land sales during the next twenty years would revert back to the County, less any administration expenses incurred by the CCCA, as agreed to by the County Administrator/Clerk and General Manager of CCCA; and THAT the titles to the 50 acre Yarmouth Tract and the County property would be combined into one in order to meet Central Elgin's planning policies for future severances; and THAT the transaction must be approved by Central Elgin Planning Committee and County Land Division Committee; and THAT Part 17 on Reference Plan 11 R-6841 would be subject to an access easement with an adjacent landowner; and THAT the County will not undertake any further environmental clean-up of the dump on the property; and THAT any future severances will be with adjacent landowners only; and further THAT the County reserves the first right of refusal, for a period of twenty years, to re-acquire the property for $1.00 if something should happen to the CCCA (i.e. amalgamation, dissolution, etc.). - Carried. Moved by Councillor Stewart Seconded by Councillor McPhail THAT American Re-Insurance Company provide the County with Stop Loss Insurance with a $250,000 deductible and a $20,000 limit; and further THAT Hartford Fire Insurance Company provide the County with Accidental Death and Disablement Insurance in the amount of $250,000. - Carried. Moved by Councillor Habkirk Seconded by Councillor van Kasteren THAT the attached letter be forwarded, under the Warden's signature, to the St. Thomas Public Library Board, outlining the County's position in regard to funding for 1999. - Carried. Council authorized the County Administrator/Clerk to sit as a member on the Association of Municipalities of Ontario Compliance Assessment Steering Committee which will discuss Health Unit Mandatory Programs enforcement. County Council 11 November 24, 1998 Moved by Councillor Rock Seconded by Councillor Walters THAT we adopt the recommendations from the Committee Of The Whole Council. - Carried. OTHER BUSINESS Statements/InQuiries by Members Councillor McPhail indicated that during the noon luncheon, Peter North, Elgin's M.P.P., advised that his office had sent in six applications on behalf of the County of Elgin for the Grant Review Teams. Council directed that as Mr. North, M.P.P., has forwarded the applications, the County need not do anything further in regard to Correspondence for Information Item #8. Notice of Motion - None. Matters of UrQency - None. BY-LAWS Moved by Councillor Habkirk Seconded by Councillor McPhail THAT By-Law No. 98-39 "Being a By-Law to Authorize the Execution of a Collective Agreement Between the Corporation of the County of Elgin and Canadian Union of Public Employees with Respect to the Corporation's County Library Employees" be read a first and second time. - Carried. Moved by Councillor Walters Seconded by Councillor van Kasteren THAT By-Law No. 98-39 be read a third time and finally passed. - Carried. Moved by Councillor VanBrenk Seconded by Councillor Habkirk THAT By-Law No. 98-40 "A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the November 24th, 1998 Meeting" be read a first and second time. - Carried. Moved by Councillor Walters Seconded by Councillor Stewart THAT By-Law No. 98-40 be read a third time and finally passed. - Carried. Warden Clutterbuck thanked Council for the enjoyable Recognition Luncheon and the support of the Councillors and Staff during his term of Office. County Council 12 November 24, 1998 Moved by Councillor Rock Seconded by Councillor VanBrenk THAT we do now adjourn at 3:10 P.M. to meet again on December 8th, 1998 at 7:00 P.M. - Carried. Mark G. McDonald, County Administrator/Clerk. Rien VanBrenk, Warden.