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February 16, 1999 Minutes COUNTY COUNCIL Tuesday, February 16, 1999 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 January 25th, 1999 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - None. DELEGATIONS Mr. Chester Hinatsu, Director of Ontario Works, and Mr. Roy Main, Administrator, City of St. Thomas, were in attendance at 9:00 AM. to present the Provincial/Municipal Case Integration Plan for the City of St. Thomas and the County of Elgin. Mr. Hinatsu indicated he would provide a copy of the Child Care Plan to the Chief Administrative Officer. It was discussed that additional temporary staffing would be required for a two-year period and the cost would be shared 50/50 with the Province. At present, accommodations to integrate the service have not been acquired, and a space requirements review indicated that 8200 sq. ft. would be needed. The Warden suggested that available existing accommodations should be pursued, rather than go to the expense of building a new facility. Councillor Habkirk noted that operation budgets should decrease once the consolidation of services are "on stream", and savings realized from the integration of services should be reported to the public. Warden VanBrenk thanked the delegation and they left at 9:16 AM. Moved by Councillor Rock Seconded by Councillor Walters THAT the Corporation of the County of Elgin adopts "The Provincial/Municipal Case Integration Plan for the Corporation of the City of St. Thomas (the Consolidated Municipal Service Manager) and the Corporation of the County of Elgin, dated November 16, 1998", in its entirety. - Carried. Moved by Councillor Clutterbuck Seconded by Councillor Stewart THAT we move into Committee Of The Whole Council. - Carried. COUNCIL REPORTS UnderfundinQ - The Municipal Road System - Warden Van Brenk Council directed the Manager of Engineering Services to review all County roads, and in particular the roads that are heavily travelled (Highbury Road, Wellington Road, Highway #74, etc.), and provide recommendations on half-load season restrictions and permits to the next meeting. Councillor Habkirk requested all Counties be asked to endorse Council's resolution, as well as provide a copy to OGRA County Council 2 February 16, 1999 Moved by Councillor Wilson Seconded by Councillor Walters THAT the Corporation of the County of Elgin adopts the resolution from the OGRA requesting the Provincial Government to give municipalities access to revenue from road user taxes and fees; and, THAT copies of this resolution of support be forwarded to the Western Warden's Association, Peter North, M.P.P., all Counties in Ontario, and local municipalities in the County of Elgin for endorsement. - Carried Unanimously. Lower Thames Valley Conservation Authority - Councillor Clutterbuck Councillor Clutterbuck introduced a report on the Lower Thames Valley Conservation Authority. Moved by Councillor Clutterbuck Seconded by Councillor McPhail THAT the Lower Thames Valley Conservation Authority undertake a detailed assessment of the organizational alternatives of Renewal of the L TVCA; and amalgamation with UTRCA; and, THAT each said alternative studied include a full review of Elgin County needs and preferences as documented on Page VII of the Executive Summary for the Organizational Review for the Lower Thames Valley Conservation Authority, dated October, 1998; and, THAT a study team be organized by L TVCA to undertake the said assessment to include one representative from Elgin municipalities within the jurisdiction of the L TVCA watershed; and further, THAT the Councils of West Elgin, Dutton/Dunwich and Southwold be permitted to appoint the said representative. - Carried. STAFF REPORTS Donor RecoQnition Board - Director of Homes and Senior Services Moved by Councillor Rock Seconded by Councillor Habkirk THAT the Director of Homes and Senior Services be authorized to proceed with the plans for the Donor Recognition Board to indicate the levels of donation as follows: That there be three sizes of print to distinguish the level of the donations. For donations of more than $1,500 large print; for donation of $1 ,000 to $1,499 medium print; and for donations of $500 to $999 smaller print. All other donations would appear in the donor book. These levels are keeping within the parameters set for the Fundraising Campaign. - Carried. Road Appraisals - ManaQer of EnQineerinQ Services Mr. Watters noted that appraisals are done each year on County roads and that half need resurfacing and half are in good shape. County Council 3 February 16, 1999 Moved by Councillor Clutterbuck Seconded by Councillor Walters THAT the Road Appraisal Report from the Manager of Engineering Services be received and filed. - Carried. Lease of R. Paul Murray (Transamerica Life)- ManaQer of EnQineerinQ Services Moved by Councillor Habkirk Seconded by Councillor Wilson THAT the Warden and the Chief Administrative Officer be authorized and directed to sign a Lease Agreement with Paul Murray for Room #225 in the County Administration Building for a two-year period at the rate of $14.00 per square foot. - Carried. OMERS Pension Fund Surplus ManaQement - Director of Human Resources Councillor Habkirk noted that the contribution holiday term is not guaranteed, and he questioned OMERS' "prudent management" as lawsuits are ongoing regarding the surplus funds. Moved by Councillor Habkirk Seconded by Councillor Rock THAT the Council of the Corporation of the County of Elgin supports the OMERS Board initiatives which are being recommended, and that the County further advise the Minister of Municipal Affairs and Housing, of this endorsement. - Carried. SavinQs Realized by the Reduced E.!. Initiative - Director of Human Resources Mr. Underhill suggested that Councillors may wish to ask their municipalities to apply for this assistance if they have not done so. Moved by Councillor Walters Seconded by Councillor van Kasteren THAT the report on Savings Realized by the Reduced E.1. Initiative Report presented by the Director of Human Resources be received and filed. - Carried. On-GoinQ Proiect Results - Director of Human Resources The Director of Human Resources indicated that this report is a summary of what the Personnel assistant has done over the past year. Moved by Councillor Walters Seconded by Councillor Stewart THAT the report on On-Going Project Results from the Personnel assistant be received and filed. - Carried. Code of Ethics - Amendments - Director of Human Resources Mr. Underhill explained the former policy was extremely tight and has been amended to allow for token exchanges. He further indicated that if an employee refused to sign the document, this refusal would be noted in their file. County Council 4 February 16, 1999 Moved by Councillor Clutterbuck Seconded by Councillor Walters THAT the amendments to Policy 2.100, Code of Ethics, be adopted. - Carried. Records ManaQement ProQram - Director of Human Resources Mr. Underhill suggested that Councillors may want to take the document back to their municipalities for consideration. Moved by Councillor Rock Seconded by Councillor Wilson THAT the attached Policy Statement on Records Management be adopted. - Carried. County Settlements - Director of Human Resources Moved by Councillor Rock Seconded by Councillor van Kasteren THAT the report on County Settlements be received and filed. - Carried. Treasurer's Statements of Remuneration and Expenses for Council; Remuneration for Outside Boards; and Convention Expenses - Director of Financial Services Moved by Councillor Rock Seconded by Councillor McPhail THAT the Treasurer's Statements of Remuneration and Expenses for County Council; Convention Expenses for County Council; and Remuneration and Expenses for Outside Boards be adopted. - Carried. Expansion of Rodney Library - ManaQer of Library Services Ms. Bishop advised that the Municipality of West Elgin had requested an expansion of 6,500 sq. ft. to the Rodney Library. Such an expansion would require one additional staff member for 12 hours per week, and reshelving of the entire building would be required. Councillor McPhail indicated that the Rodney Library has not been changed significantly in many years. Program and Library usage is fully utilized and space is very tight at the facility. Moved by Councillor McPhail Seconded by Councillor Wilson THAT the report on the Expansion of the Rodney Library be adopted. - Carried. Branch Construction Policy and Standard EIQin County Library Municipal Lease - ManaQer of Library Services Ms. Bishop indicated this report was to clarify the current policy which does not address expansions and relocations. Questions arose regarding the dollar amount for Library leases paid by the County, and differences in lease terms and rates per square foot. County Council 5 February 16, 1999 Warden VanBrenk reviewed the report, item by item, and asked for Council's decision on each. Item #3 was clarified by indicating that any request for Library expansion, etc., must be received by December 31 st and will be considered in the next year's budget. The Draft Policy was amended by deleting item #2, and leaving items #13 and 14 as they are presently. Moved by Councillor Rock Seconded by Councillor van Kasteren THAT item #3 of the Library Branch Construction Policy and Standard Elgin County Library Municipal Lease be amended to clarify that request for expansion must be received by December 31 st in order to be considered in the next year's budget; and THAT the Draft Policy be amended by deleting item #2 and leaving items #13 and 14 as they appear in the current Policy. - Carried. Council took a short break at 10: 18 AM. and reconvened at 10:38 AM. Councillor Rock left the meeting at 10: 18 AM. to attend a meeting on the ambulance transfer. CORRESPONDENCE Items for Consideration 1. Excerpt from the Town of Pickering Council Minutes of January 18, 1999, concerning "Ontario Campaign 2000" a Provincial/Federal initiative to eliminate child poverty. 2. Mr. Claude Cantin, President, Federation of Canadian Municipalities, with application for FCM Municipal Membership. 3. Mr. Michael Power, President, Association of Municipalities of Ontario, requesting Council support for AMO's 1999 Municipal Mandate initiative. 4. Ms. Donna L. Besman, Chief Administrative Officer, Seguin Township, with a resolution concerning Bill 79 which relates to taxation capping and the impact on restructured municipalities. 5. Town of Tillsonburg, with a resolution requesting the Province to restrict and regulate rottweiler and pitbull dogs through the Municipal Act. 6. Ms. Maria Konefal, Office of the Clerk, City of St. Thomas, with copy of letter regarding the brief submitted to the Ministry of Health concerning the Medical Officer of Health. 7. Ms. Maria Konefal, Office of the Clerk, City of St. Thomas, with copy of letter concerning the replacement of Valleyview Home for the Aged. Moved by Councillor Stewart Seconded by Councillor Wilson THAT Correspondence Item #1 be received and filed. - Carried. Moved by Councillor Walters Seconded by Councillor Habkirk THAT Correspondence Item #2 be received and filed. - Carried. County Council 6 February 16, 1999 The following recommendation was adopted respecting Correspondence Item #3. Moved by Councillor Stewart Seconded by Councillor Clutterbuck THAT the Council of the Corporation of the County of Elgin submit the following areas of critical concern for consideration in AMO's 1999 Municipal Mandate: 1) Improved Health Care 2) Road System Funding 3) Autonomy and Financial Stability of Municipalities 4) Implementation of the Energy Competition Act. - Carried. The following recommendation was adopted respecting Correspondence Item #4. The Director of Financial Services indicated that complete information has not been received from the Province to date. If we proceed ahead of receiving the Province's instructions on tax matters, we would be placed in Division C. We would not be able to claw back decreases from the industrial class to apply to residential classes and increases would have to be funded from operational budgets. Further, tax billings would not be legal and taxpayers could refuse to pay. Moved by Councillor Clutterbuck Seconded by Councillor Wilson THAT the Council of the Corporation of the County of Elgin supports the resolution from Seguin Township concerning Bill 79 and the implementation by restructured municipalities relating to taxation capping. - Carried. The following recommendation was adopted respecting Correspondence Item #5. Moved by Councillor Habkirk Seconded by Councillor Stewart THAT the Council of the Corporation of the County of Elgin supports the resolution from the Town of Tillsonburg requesting the Ministry of Municipal Affairs and Housing to enact the permissive legislation to restrict and regulate both the rottweiler and pitbull dog breed through the Municipal Act, RSO, 1990. - Defeated. Moved by Councillor Walters Seconded by Councillor McPhail THAT Correspondence Item #5 be received and filed. - Carried. Moved by Councillor Wilson Seconded by Councillor Stewart THAT Correspondence Item #6 and #7 be received and filed. - Carried. Items for Information - (Consent AQenda) 1. Mr. Ronald T. Sapsford, Assistant Deputy Minister, Ministry of Health, advising Council that no further funding is available for the purchase or lease of accommodations for the Elgin-St. Thomas Health Unit. County Council 7 February 16, 1999 2. Mr. Peter Vivian, Executive Director, Telecommunication, Canadian Radio-Television and Telecommunications Commission, with copy of correspondence regarding Council's resolution concerning 9-1-1 service by cellular carriers. 3. Ms. Sandra Tychsen, Director, POA Transfer Project, Ministry of the Attorney General, with an update on the demonstration sites for the Provincial Offences Act transfer. 4. Mr. Peter Steckenreiter, Area Manager, London Area Office, Ministry of Community and Social Services, with copy of correspondence concerning the Homelessness Initiative Funding. 5. Ontario Association of Non-Profit Homes and Services for Seniors, "Seniors' Issues Today" Newsletter and Executive Report. 6. Mr. Emil Kolb, Chair, Board of Directors, Ontario Property Assessment Corporation, with a memorandum update on OPAC. 7. Association of Municipalities of Ontario "ALERT" - "Regulation Forces Recognition of Seniority of Crown Employees". 8. Mr. David DeJonge, Chair, Board of Directors, Four Counties Health Services, advising that their Board supports Council's resolution concerning rural physicians. 9. Mr. Wendell Graves, Administrator, Town of Aylmer, requesting the services of County staff for input on the Town's OH&S Committee. 10. Ontario Good Roads Association, with 1999 Annual Conference Program. 11. Graeme Craig, Chair, 1999 International Plowing Match and Farm Machinery Show, with information on the upcoming match. 12. Premier Michael D. Harris, thanking Council for their endorsement of the City of Nepean's and the County of Brant's resolution regarding school funding. The following recommendation was adopted respecting Correspondence Item #1. Councillors expressed their disappointment that the response from the Minister of Health in regard to this item has taken nearly ten months, even though two letters were forwarded in this regard. Moved by Councillor McPhail Seconded by Councillor Walters THAT the Corporation of the County of Elgin express its disappointment that the Minister of Health has decided not to grant the County's request for further funding for the purchase of the Elgin-St. Thomas Health Unit, and for the unsatisfactory response time to convey this decision to the County. - Carried. The following recommendation was adopted respecting Correspondence Item #6. Council is very concerned that the Province has transferred responsibility for assessment issues to the Ontario Property Assessment Commission. Moved by Councillor McPhail Seconded by Councillor Wilson THAT the Corporation of the County of Elgin objects to the Province of Ontario transferring responsibility of assessment issues to the Ontario Property Assessment Commission. - Carried. County Council 8 February 16, 1999 Concerning Correspondence Item #9, Mr. Underhill noted that assistance from the County's Health & Safety Co-ordinator is available to all municipalities. Moved by Councillor Walters Seconded by Councillor Stewart THAT Correspondence Items #2-5 and 7-12 be received and filed. - Carried. OTHER BUSINESS Statements/InQuiries By Members - Councillor van Kasteren announced that he has Museum memberships for sale at $5.35 each, for any Council members and staff that may be interested in purchasing one. Councillor Habkirk noted that in the Road Superintendent Minutes of January 7, 1999, it was recorded that monthly reporting of maintenance carried out on County Roads was not stated specifically in County Council minutes and, as such, the Lower-Tier Road Departments were not required to provide the documentation. Council consensus was that a written, standardized form was to be provided monthly and submitted to the Manager of Engineering Services to summarize and report to Council quarterly. The paper trail must be there to avoid problems later. Moved by Councillor Habkirk Seconded by Councillor Walters THAT a standardized form be compiled for reporting the maintenance carried out on County Roads by the Lower-Tier Road Departments; and THAT this form be provided monthly to the Manager of Engineering Services; and further, THAT the Manager of Engineering Service summarize the forms and report to County Council on a quarterly basis. - Carried Unanimously. Councillor McPhail advised that there would be a meeting regarding the Federal Fisheries Act held in London shortly. It was noted that the Minister of Agriculture and Rural Affairs has not responded to Council's January letter regarding agricultural and drainage issues and Councillor Wilson requested two copies of the related documentation and he would discuss this matter with the Minister at the meeting. Councillor McPhail advised that former Warden Harry J. Mezenberg has accepted Council's invitation to sit as a member on the Local Housing Authority Board. Moved by Councillor McPhail Seconded by Councillor Walters THAT the Corporation of the County of Elgin nominate Mr. Harry J. Mezenberg to serve on the Elgin and St. Thomas Housing Authority Board as a County representative, for the term January 1, 1999 to December 31, 2001. - Carried. Councillor McPhail advised that a person who is knowledgeable with Farm Nutrient Management Plans was willing to speak to Council and Council agreed to invite him to a future meeting. Councillor McPhail will make the initial contact with the person. Councillor Walters enquired about the status of the report on Lower-Tier Structures and Connecting Links. The Manager of Engineering Services advised the report was completed and it would be presented when budget items were discussed. Councillors requested that the report be forwarded to the Lower-Tier for their input prior to budget review and directed the Chief Administrative Officer to forward the report shortly. County Council 9 February 16, 1999 The Deputy Clerk asked Council's direction on which stickers they wished to use to promote the 1999 International Year of Older Persons. The consensus of Council was to use the stickers which staff had obtained at no charge. Notice of Motions - none. Matters of UrQency - none. Moved by Councillor Stewart Seconded by Councillor Wilson THAT we proceed "In-Camera" to discuss legal and personnel matters. - Carried. The media and the Director of Social Services and Ontario Works left at 11 :30 AM. Council recessed at 12:16 P.M. and reconvened at 1 :00 P.M. with all members in attendance except Councillor Wilson (arrived at 1 :06 P.M.). Senior staff were excused at 1 :50 P.M. with the exception of the Director of Human Resources and the Chief Administrative Officer. The Deputy Clerk returned to Council Chambers at 1 :57 P.M. Moved by Councillor Clutterbuck Seconded by Councillor McPhail THAT we do now rise and report. - Carried. Moved by Councillor Walters Seconded by Councillor Stewart THAT Part of Lot 20, Concession S.N.B.T.R., Township of Southwold, be sold to the Township of Southwold for a fee of $1.00, and all surveying and legal costs be borne by the Township for the transfer; and, THAT the County of Elgin transfer a one foot reserve on Part #2 and Part #3 of Lot 2, Concession 9, County Road #19, Municipality of Bayham, Registered Plan 11 R-3-4117, to the property owner of Part #1, for the sum of $10,000.00 per hectare; and, THAT the Manager of Engineering Services notify the owner at 53245 Calton Line that all salvage materials be removed from the County right-of-way by May 1 st, 1999, or the County will remove the materials at the owners expense and a ditch will be installed along the front of the property; and, THAT the owner of Lot 2, Concession XI, County Road 48, Township of Malahide (geographic Township of South Dorchester) move the fence to the property line by no later than May 1 st, 1999, or the County will remove the fence at the Property owners expense; and, THAT the owner of Lot 18, Concession 4, County Road #104, Municipality of Chatham- Kent (geographic Township of Orford) move the fence to the property line by no later May 1, 1999, or the County will remove the fence at the Property owners expense. - Carried. County Council 10 February 16, 1999 Moved by Councillor Habkirk Seconded by Councillor McPhail THAT the Job Evaluation Committee's recommendations for non-union positions be implemented for all positions as reported. - Carried. Moved by Councillor Stewart Seconded by Councillor Walters THAT the Corporation of the County of Elgin support Mr. McCaig's appeal of the Certificate of Approval on any matters which are of interest to the County, on the basis that Green Lane will pay the reasonable costs of the County's support and will appeal what is now Condition #14 as to matters raised by the Technical Committee in its response to the previous Certificate. - Carried. Moved by Councillor van Kasteren Seconded by Councillor Wilson THAT we adopt the recommendations of the Committee Of The Whole Council. - Carried. Moved by Councillor McPhail Seconded by Councillor Clutterbuck THAT By-Law No. 99-4 "A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the February 16th, 1999 Meeting" be read a first and second time. - Carried. Moved by Councillor Clutterbuck Seconded by Councillor Wilson THAT By-Law 99-4 be read a third time and finally passed. - Carried. Moved by Councillor Stewart Seconded by Councillor van Kasteren THAT we do now adjourn at 2:20 P.M. to meet again on Thursday, February 25th, 1999 at 3:00 P.M. - Carried. Mark G. McDonald, Chief Administrative Officer. R. W. Walters, Deputy Warden.