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April 27, 1999 Minutes COUNTY COUNCIL Tuesday, April 27, 1999 The Elgin County Council met this day at the Administration Building, at 9:00 AM., in accordance with adjournment, with all members present except Councillor Rock. Peter North, M.P.P., was also in attendance. Warden VanBrenk in the Chair. Moved by Councillor Walters Seconded by Councillor Habkirk THAT the minutes of the meeting held on April 13th, 1999 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - None. PRESENTATIONS 1999 Ontario Volunteer Service Awards - Warden VanBrenk and M.P.P. North thanked the volunteers for their efforts and many years of service on behalf of the County of Elgin, and jointly presented letters of congratulations and certificates to the recipients as follows: Elqin Manor - Mrs. Nancy Fleming Mr. Wilford Jacobs Mrs. Lillian Larson Mrs. Margaret Carroll Mrs. Margaret Moore Mr. Stuart Lunn Terrace Lodqe - Mrs. Muriel Carrel Mrs. Lorine Gavey Mrs. Grace Hoshal Mrs. Nelda Tenhor Mr. Ernest Wall Bobier Villa - Mrs. Verna McCready Mr. Terry Heeney Mrs. Ruth Wight Mrs. Rena Campbell The Volunteer Award recipients left at 9: 14 AM. - 30 plus year award - 30 plus year award - 20 year award - 15 year award - 15 year award - 1 0 year award - 20 year award - 20 year award - 20 year award - 15 year award - 1 0 year award - 30 plus year award - 15 year award - 15 year award - 1 0 year award Mr. Michael Power was listed as a delegation on today's agenda, but was unable to attend. He has requested to appear at a future date. Moved by Councillor Habkirk Seconded by Councillor Stewart THAT we do now move into Committee Of The Whole Council. - Carried. County Council 2 April 27, 1999 STAFF REPORTS Road ClosinQ - Township of Malahide - ManaQer of EnQineerinQ Services Moved by Councillor Clutterbuck Seconded by Councillor Walters THAT the County of Elgin has no objection to the Township of Malahide closing the road allowance between Concessions 1 and 2 in Lots 5, 6, 7 and 8. - Carried. Middlesex County Road and BridQe DesiQnation Study - ManaQer of EnQineerinQ Services Mr. Watters noted that the joint agreement with the County of Middlesex is legally binding on Lower-Tier Municipalities for the transferred roads. Correspondence will be copied to all parties to keep them informed of actions and responsibilities. Meetings are ongoing with the County of Kent, regarding the work required on the Elgin/Kent boundary. Moved by Councillor Wilson Seconded by Councillor Walters THAT the Manager of Engineering Services write North Dorchester and Middlesex Centre to inform them that they now have assumed the agreement dated September 18th, 1991, that exists between Elgin County and Middlesex County. - Carried. Formal Maintenance AQreement with Lower-Tiers - ManaQer of EnQineerinQ Services The County's insurance company and solicitor have recommended a formal agreement be signed setting out responsibilities for road maintenance by the Lower-Tier. Councillor Wilson wanted to make sure roads are being maintained to the same standards across the County and inspected routinely by the Manager of Engineering Services. This agreement may help to standardize responsibilities. Moved by Councillor Wilson Seconded by Councillor Walters THAT the County's solicitor proceed with drafting a formal agreement between the County of Elgin and each of the Lower-Tier Municipalities, making reference to the Ministry Order with respect to the road maintenance responsibilities, to clarify each party's responsibility and transfer liability to the responsible party. - Carried. Tenders - ManaQer of EnQineerinQ Services The Manager of Engineering Services noted that the tender price quoted for the Kingsmill Bridge will increase slightly in order to provide an access for local farmers to get onto their fields. Moved by Councillor van Kasteren Seconded by Councillor Habkirk THAT the tender from Walmsley Bros. Ltd. in the amount of $319,188.49 including G.S.T. be accepted for Gravel Resurfacing/Contract No. 1999-01, per the proposed 1999 Capital Program. County Council 3 April 27, 1999 THAT the tender from Ashwarren International Inc., in the amount of $538,216.74 including G.S.T. be accepted for Surface Treatment/Contract No. 1999-02, per the proposed 1999 Capital Program. THAT the tender from Walmsley Bros. Ltd. in the amount of $1 ,366,914.30 including G.S.T. be accepted for Hot Mix Paving/Contract No. 1999-06, per the proposed 1999 Capital Program. THAT the tender from Royal Fence Limited in the amount of $213,209.81 including G.S.T. be accepted for Guide Rail Systems/Contract No. 1999-07, per the proposed 1999 Capital Program. THAT the tender from Theo Vandenberk Construction Inc. in the amount of $171 ,585.74 including G.S.T. be accepted for Port Bruce Bridge Deck Rehabilitation/Contract No. 1999-08, per the proposed 1999 Capital Program. THAT the tender from Reymer Construction Ltd. in the amount of $323,071.66 including G.S.T. be accepted for Kingsmill Bridge/Contract No. 1999-09, per the proposed 1999 Capital Program. - Carried. Municipality of West EIQin - Temporary Closure of County Road #103 (Furnival Road) in the VillaQe of Rodney - ManaQer of EnQineerinQ Services Moved by Councillor McPhail Seconded by Councillor Walters THAT a By-Law be passed to temporarily close Furnival Road (County Road #103) from Moriah Street to Victoria Street in the geographical location of Rodney in the Municipality of West Elgin, from 8:00 AM. to 1 :30 P.M., on Saturday, May 29th, 1999, for the Tiny Tots Co-Operative Nursery School Annual Trikethon; and, THAT, said approval be granted, providing the County of Elgin policy on road closure requirements are met to the satisfaction of the Manager of Engineering Services. - Carried. Terrace LodQe Auxiliary - Director of Homes for Senior Services Moved by Councillor Habkirk Seconded by Councillor Stewart THAT Council receive and acknowledge the Terrace Lodge Auxiliary Annual Report and that a congratulatory letter be forwarded to the Auxiliary. - Carried. Settlement for Associated Costs - EIQin VillaQe Proiect - Director of Homes for Senior Services The Director of Homes and Senior Services indicated that a cheque has been received from Ministry of Health to help offset costs incurred by the County for the cancelled Elgin Village project. Moved by Councillor Habkirk Seconded by Councillor Wilson THAT the Director of Financial Services be authorized to establish a reserve account for the $200,925.00 refund for previous expenses, to be utilized for the Elgin Manor project. - Carried. County Council 4 April 27, 1999 Surplus EQuipment - Hot Food Cart- Director of Homes for Senior Services Moved by Councillor van Kasteren Seconded by Councillor Stewart THAT the bid of $100.00 from Kathy Somerville for the surplus hot food cart be accepted and that the Director of Homes and Senior Services be authorized to release the equipment to the bidder. - Carried. StaffinQ Enhancements - Adult Day ProQram- Director of Homes and Senior Services Mrs. Fleck indicated that the program and personnel are funded wholly by the Ministry of Health and the County's expenditure is for space and raw food only. Councillor Habkirk questioned why we would increase permanent staff now when it is unknown what positions may be required after the new Elgin Manor is built, and what happens to this position if funding is terminated? Councillor Wilson requested the recommendation be amended to include the County's lay-off notice policy. Moved by Councillor McPhail Seconded by Councillor Clutterbuck THAT the Director of Homes and Senior Services and the Director of Human Resources proceed with the recruitment steps necessary for the provision of the Adult Day Program positions at Terrace Lodge; and, THAT should the Provincial funding for this position be terminated, then the incumbent would be laid off in accordance with the terms of the collective agreement. - Carried. The Emergency Measures Co-Ordinator attended at 9:35 AM. EIQin County/Sf. Thomas EmerQency PlanninQ Preparedness (Y2K) Public Information Sessions - EmerQency Measures Co-Ordinator The Co-Ordinator noted that it would be beneficial to hold an information session to promote the City/County's due diligence efforts to ensure our operations are Y2K compliant. The cost would be shared on a 60/40 split and the County cost for a one-day session would be approximately $700.00. Moved by Councillor Clutterbuck Seconded by Councillor Walters THAT the Councils of the City of St. Thomas and County of Elgin approve an information program similar to the London/Middlesex Emergency Preparedness Public Awareness Program; and, THAT staff be directed to hold one session to implement this program. - Carried. The Emergency Measures Co-Ordinator left at 9:43 AM. Review of Council and ManaQement Process - Chief Administrative Officer - Councillor Habkirk had spoken previously for a return to the committee system, but noted that deferral of items requiring further study to future meetings seems to be working. Councillors remarked the new Council system runs smoothly and they are well informed on all issues. County Council 5 April 27, 1999 Moved by Councillor Walters Seconded by Councillor Clutterbuck THAT the report entitled "Review of Council and Management Process" from the Chief Administrative Officer on behalf of the Management Team, be received and filed for Council's information. - Carried. CORRESPONDENCE Items for Consideration 1. Kathryn J. Vout, Town Clerk, Town of Grimsby, with a resolution requesting the Provincial government to encourage newly educated doctors to set up practice in the province and to look into the availability of immigrant doctors. 2. Jim Flaherty, Minister of Labour, regarding unfair competition of construction jobs between Ontario and Quebec. 3. James Taylor, Mayor, County of Prince Edward, with a resolution petitioning the Province of Ontario to introduce a funding formula for municipalities participating in recycling programs. 4. Walter Press, asking Council to oppose the proposed regulatory changes to the Tobacco Act. 5. Judith Muncaster, Town Clerk, Town of Oakville, with a resolution concerning the protection of municipal and community investments with the disposal of school sites. The following recommendation was adopted respecting Correspondence Item #1 : Moved by Councillor Habkirk Seconded by Councillor Stewart THAT the Corporation of the County of Elgin supports the resolution from the Town of Grimsby requesting the Province of Ontario to take steps to limit the exodus of doctors from Ontario and to recognize the human resources available among immigrant doctors. - Carried. The following recommendation was adopted respecting Correspondence Item #2: Moved by Councillor Walters Seconded by Councillor Habkirk THAT the Corporation of the County of Elgin supports the Province of Ontario's efforts to remove the unfair competition in the construction industry between the Provinces of Ontario and Quebec. - Carried. Moved by Councillor Habkirk Seconded by Councillor van Kasteren THAT Correspondence Item #3 be received and filed. - Carried. County Council 6 April 27, 1999 The following recommendation was adopted respecting Correspondence Item #4: Moved by Councillor Habkirk Seconded by Councillor McPhail THAT the Corporation of the County of Elgin supports the concerns raised in the attached letter from Mr. Walter Press regarding the impact the proposed regulatory changes to the Tobacco Act will have on those employed in the industry. - Carried. Moved by Councillor Habkirk Seconded by Councillor McPhail THAT Correspondence Item #5 be received and filed. - Carried. Items for Information - (Consent AQenda) 1. Rob Bell, with a thank you card following his recent retirement. 2. Marc Lerman, President, Archives Association of Ontario, announcing the 2nd Annual Archives Awareness Day on Tuesday, April 6th, 1999. 3. Ken Verrell and Shirley Roach, Co-Chairs, International Year of the Older Persons- Elgin Community Committee, thanking the County for their donation to assist in the funding of events this year. 4. Larry Keech, Chief Administrative Officer/Clerk, County of Lennox & Addington, endorsing the County of Elgin's resolution concerning revenue from road user tax fees. 5. Jim Janse, Director, Southwestern Region, with the membership status of the Appointed and Interim Public Members on the Green Lane Landfill Public Liaison Committee. 6. Association of Ontario Road Supervisors, announcing the 1999 Municipal Trade Show. Moved by Councillor Walters Seconded by Councillor Stewart THAT Correspondence Items #1-6 be received and filed. - Carried. Warden VanBrenk requested the meeting set for May 25th, 1999 be rescheduled. The Chief Administrative Officer advised that staff are working towards preparing all reports for the first meeting in May and, if Council wishes, the second meeting in May could be cancelled. Moved by Councillor Walters Seconded by Councillor van Kasteren THAT the Council meeting previously scheduled for May 25th, 1999 be cancelled. - Carried. County Council 7 April 27, 1999 OTHER BUSINESS Statements/InQuiries Bv Members Warden VanBrenk announced that former Councillor K.C. Emerson and his wife Pauline will be celebrating their 60th Wedding Anniversary on May 2nd, 1999. An Open House will be held at the Trinity Parish Hall in Port Burwell from 2:00 to 4:00 P.M. Councillor Habkirk advised that his municipality cannot meet the May 15th, 1999 deadline for payment of the County Levy, due to Provincial figures not being received, and requested a postponement. Moved by Councillor Habkirk Seconded by Councillor Wilson THAT the County Levy payment due from the Lower-Tier Municipalities on May 15th, 1999 be deferred until May 31 st, 1999. - Carried. Notice of Motion - None. Matters of UrQencv - None. Council took a break at 10:00 AM. and reconvened at 10:30 AM. DELEGATION Representatives were in attendance from the following municipalities, agencies and organizations, for an open-floor forum to discuss the drainage issue as it relates to fish habitat management and the Federal Fisheries Act: Graham Warwick, Deputy Warden, West Elgin Drainage Superintendents from Lower-Tier Municipalities Ken Kelly, Ontario Federation of Agriculture Ron Buis, Christian Farmers' Federation of Ontario Bryan Hall, Kettle Creek Conservation Authority George Cleminshaw, Catfish Creek Conservation Authority Suzan Pawlac, Gar Knutson's Office Syd Vandervene, Ministry of Agriculture, Food and Rural Affairs Vic Gillman and Christine Stoneman, Ministry of Fisheries and Oceans Dennis Shand, Drainage Superintendent, Townships of West Nissouri and North Dorchester Don McGugan, Councillor, Brooke Township. Warden VanBrenk welcomed the attendees to the information meeting. Councillor McPhail introduced Mr. John Poole Drainage Superintendent, and Mr. Graham Warwick, Deputy Mayor, for West Elgin, who, at the request of Council, presented a summarized report and provided a handout on drainage issues in Southwestern Ontario. Councillor McPhail introduced a resolution from the Municipality of West Elgin petitioning the Federal and Provincial Government to re-evaluate their policy regarding drainage ditches, and showed a video presentation "Country Canada" which depicted potential drainage problems which may occur if farm fields could not be drained as they are now. Through discussions, it was suggested that a one-day forum be held with all interested parties to sort through the issues. The guidelines are in draft format and have been circulated for discussion purposes. Fisheries and Oceans and Conservation Authorities personnel are willing to work with municipalities and others to gather their input into classification of drains. Councillors noted that the Minister of Agriculture and Agri Food seems to have little interest in the fish habitat drainage issue as it relates to agricultural land. Councillor County Council 8 April 27, 1999 Wilson provided copies of a motion forwarded to the 1995 Minister of Agriculture which still has not received a response. Moved by Councillor McPhail Seconded by Councillor Wilson THAT the Council of the Corporation of the County of Elgin, adopt the following resolution from the Municipality of West Lorne: WHEREAS rural municipalities rely on farms as their tax base and all Ontarians need a good supply of high quality, affordable food and the employment benefits this local production brings; and, WHEREAS without subsurface drainage, agriculture in most of Ontario would not be economically feasible; and, WHEREAS farmers have created and paid for these municipal drainage systems or waterways for drainage purposes; and, WHEREAS these drainage systems or waterways are now under threat from a strict enforcement of the Federal Fisheries Act by the Department of Federal Fisheries and the Conservation Authorities of Ontario; and, WHEREAS fish habitat benefits all of society and therefore all of society should pay not just the individual landowners on the drain that requires maintenance or improvements. NOW THEREFORE BE IT RESOLVED THAT the County of Elgin petition the Government of Canada and the Government of the Province of Ontario to re- evaluate their policies and recognize both the economic and historic priority of the farmer's right to continue to maintain and use the drainage ditches in a manner and for the original purposes of draining as they were intended, in a timely and cost effective manner and to likewise have the right to construct new drains; and further, THAT legislation be enacted to exempt agricultural lands from all costs of meeting regulations re: fish habitat; and, THAT the County of Elgin circulate this resolution to all rural municipalities in the Province of Ontario with a request that the resolution be endorsed and that such endorsement be forwarded to: Honourable Prime Minister Jean Chretian Honourable David Anderson, Minister of Fisheries and Oceans Honourable Lyle Vanclief, Minister of Agriculture and Agri-Food Canada Local M.P. Honourable Mike Harris, Premier of Ontario Honourable Noble Villeneuve, Minister of Agriculture, Food and Rural Affairs Honourable Dalton McGinty, Official Leader of the Opposition Local M.P.P. Association of Municipalities of Ontario Local Conservation Authority Association of Conservation Authorities of Ontario Drainage Superintendents Association of Ontario Ontario Federation of Agriculture Christian Farmers' of Ontario - Carried Unanimously. Council recessed at 12:16 P.M. and reconvened at 1 :14 P.M. Councillor Stewart was not in attendance. County Council 9 April 27, 1999 Moved by Councillor Walters Seconded by Councillor Habkirk THAT the County of Elgin sponsor a meeting of stakeholders involved in drainage matters as they relate to the Fisheries Act; and, THAT Councillors McPhail and Wilson be authorized to plan such a meeting and make expenditures where appropriate. - Carried. Moved by Councillor Habkirk Seconded by Councillor Clutterbuck THAT we do now move In-Camera to discuss property and personnel matters. - Carried. Warden VanBrenk asked Councillor Clutterbuck to Chair the In-Camera portion of the meeting. Mr. Lloyd Perrin, Road Superintendent, Central Elgin, was in attendance. Councillor Stewart attended at 2:02 P.M.. Mr. Perrin left at 2:07 P.M. Senior Staff were excused at 3:15 P.M. Moved by Councillor Habkirk Seconded by Councillor Walters THAT we do now rise and report. - Carried. Moved by Councillor Walters Seconded by Councillor Habkirk THAT the surplus property in Lots 23 and 24, Concession 1, Municipality of Central Elgin, known as "Stocker Pit", be sold to Mr. John David Harding for the sum of $500.00; and, THAT all costs to transfer the property be borne by the purchaser. - Carried. Moved by Councillor Walters Seconded by Councillor Habkirk THAT a strip of land on the County Road #27 (Sparta Line) right-of-way be sold for $1.00 to the Sparta Friends Cemetery; and, THAT all surveying and legal costs be borne by the purchaser. - Carried. County Council 10 April 27, 1999 Moved by Councillor McPhail Seconded by Councillor Clutterbuck THAT the Confidential Report dated April 14, 1999 entitled "Staffing - Supervisor of Leisure Time and Activities Position" be approved, and that the Director of Homes and Seniors Services and the Director of Human Resources implement the necessary steps to recruit for this position. - Carried. Moved by Councillor Walters Seconded by Councillor Clutterbuck THAT the Director of Homes and Senior Services and the Director of Human Resources be authorized to proceed with the recruitment steps identified in the Confidential Report entitled "Staffing Enhancements - Nursing" dated April 12, 1999. - Carried. Moved by Councillor van Kasteren Seconded by Councillor Stewart THAT a lease for space be granted to Elgin Delivery and Courier for Room #234 in the County Administration Building for a period of 24 months at a rate of $13.00 per square foot. - Carried. Moved by Councillor Walters Seconded by Councillor McPhail THAT the report from the Chief Administrative Officer entitled "Planning Framework- Governance of Public Health", as amended, be approved and forwarded to the Minister of Health. - Carried Unanimously. A property matter involving several parties was discussed and staff were directed to contact representatives and advise that the County is willing to negotiate a settlement. Moved by Councillor Walters Seconded by Councillor van Kasteren THAT we adopt the motions from the Committee Of The Whole Council. - Carried. Warden VanBrenk had been notified that a meeting for a project "Canada Trail for the Millennium" which would cross Canada and pass through Elgin County, will be held on April 29, 1999 at 10:00 AM. Councillors are invited to attend. BY-LAWS Moved by Councillor Wilson Seconded by Councillor Habkirk THAT By-Law No. 99-12 "Being a By-Law to Authorize the Temporary Closure of a Portion of County Road #103 (Furnival Road) in the Municipality of West Elgin" be read a first and second time. - Carried. County Council 11 April 27, 1999 Moved by Councillor Stewart Seconded by Councillor Habkirk THAT By-Law No. 99-12 be read a third time and finally passed. - Carried. Moved by Councillor Stewart Seconded by Councillor Walters THAT By-Law No. 99-13 "A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the April 27th, 1999 Meeting" be read a first and second time. - Carried. Moved by Councillor Clutterbuck Seconded by Councillor Walters THAT By-Law No. 99-13 be read a third time and finally passed. - Carried. Moved by Councillor Stewart Seconded by Councillor Walters THAT we do now adjourn at 3:37 P.M. to meet again on May 11th, 1999 at 9:00 AM. - Carried. Mark G. McDonald, Chief Administrative Officer. Rien VanBrenk, Warden.