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February 25, 1999 Minutes COUNTY COUNCIL Thursday, February 25, 1999 The Elgin County Council met this day for a Special meeting at the Administration Building, at 3:05 P.M. in accordance with adjournment, with all members present. Warden VanBrenk welcomed the Lower-Tier Administrators, Clerks and Treasurers, who were also in attendance. The Warden in the Chair. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - None. Moved by Councillor McPhail Seconded by Councillor Rock THAT we move into Committee Of The Whole Council. - Carried. STAFF REPORTS Bill 79 - The Fairness for Property Tax Payers Act - Director of Financial Services Warden VanBrenk requested that staff review another option, that being, using the 1998 County Surplus to offset the commercial/industrial tax increases. The Director of Financial Services indicated that approximately $462,000.00 would be required from the 1998 surplus to fund the shortfall. Much discussion revolved around whether it was fair to use the surplus which has been paid by all classes of taxpayers to offset taxes paid only by two classes. Moved by Councillor Wilson Seconded by Councillor Stewart THAT we move In-Camera to discuss property matters. - Carried. The media and Lower-Tier staff were requested to leave at 3:30 P.M. Moved by Councillor Stewart Seconded by Councillor Rock THAT we rise without reporting. - Carried. Council took a short break at 3:36 P.M. and reconvened at 4:08 P.M. in Open Session. Moved by Councillor Habkirk Seconded by Councillor McPhail THAT, for the 1998, 1999, and 2000 property taxation years, the County select Division B - Optional scheme for setting taxes, under the provisions of Bill 79; and THAT the report from the Director of Financial Services dated February 24, 1999 be approved; and further County Council 2 February 25, 1999 THAT the necessary By-Law be prepared. Councillor Rock requested a recorded vote on the motion. These were recorded as follows: YEAS NAYS ABSENT McPhail Clutterbuck Walters Rock van Kasteren Wilson Stewart Habkirk VanBrenk YEAS: 4 NAYS: 5 ABSENT: TOTAL: 9 As a result of the recorded vote the motion was declared DEFEATED. Moved by Councillor Walters Seconded by Councillor van Kasteren THAT for the 1998 taxation year, the County select Division C under the provisions of Bill 79, with the clawbacks funded through the 1998 County Surplus, and that Division B be selected for the 1999 and 2000 taxation years, and the necessary By-Law be prepared. Councillor Rock requested a recorded vote. YEAS NAYS ABSENT McPhail Clutterbuck Walters Rock van Kasteren Wilson Stewart Habkirk VanBrenk YEAS: 5 NAYS: 4 ABSENT: TOTAL: 9 As a result of the recorded vote the motion was declared CARRIED. Council directed that the County's Financial Services staff calculate the refunds, and forward dollars to the relevant municipalities. Ontario Property Assessment Corp. and Bill 79 - Director of Financial Services A number of problems have been identified in the legislation as it pertains to assessment rolls. The frozen assessment rolls are to be maintained at the lower-tier and should be maintained at the Assessment Corporation where the information originates. Assessment reviews can take a very long period of time to reach conclusion and it is extremely difficult to calculate taxes when the minutes of Settlement and Assessment Review Board decisions fall months apart. County Council 3 February 25, 1999 Moved by Councillor Habkirk Seconded by Councillor Wilson THAT the Corporation of the County of Elgin petition the Province of Ontario and the Ontario Property Assessment Corporation to have the frozen roll maintained by the Property Assessment Corporation to ensure that the roll is current and administered by one source; and further, THAT the Corporation of the County of Elgin forward a letter to the Regional Assessment Office and the Ontario Property Assessment Corporation demanding a speedy resolution to Assessment Review Board rulings. - Carried Unanimously. Councillor Habkirk requested that the following item be placed on the agenda for consideration and Council concurred with his request: That the County forward a letter to the Minister of Finance indicating that Elgin Municipalities would be expecting payment from the Ministry for interest charges, incurred by municipalities for cash flow problems due to the late issuing of 1998 tax bills. Moved by Councillor Habkirk Seconded by Councillor Clutterbuck THAT the Corporation of the County of Elgin petition the Minister of Finance to compensate its constituent municipalities for interest charges incurred from cash flow problems experienced due to the late issuing of 1998 tax bills, because of changing Provincial legislation, and no firm decisions being made by the Province until very late in 1998. - Carried Unanimously. KinQsmill BridQe - County Road #35 (SprinQwater Road) - ManaQer Of EnQineerinQ Services Council questioned the cost of $270.00 per site visit. Mr. Watters indicated that the firm would inspect the site at critical times, such as when holes were drilled in the bridge structure, and visits would be done only as necessary. Site visits are not included in the general administration of the project. Moved by Councillor Wilson Seconded by Councillor Habkirk THAT Spriet and Associates be retained to provide all engineering and administration to provide inspection services to tender for the replacement of the Kingsmill Bridge, at their tendered price of $23,100.00 and $270.00 per site visit. - Carried. Councillor Rock advised he had received complaints from the Farm Safety Organization that slow moving vehicle signs on County Roads had been removed, and in some cases, even the posts were gone. Councillor Walters indicated that the signs that have been replaced have writing only on them and the traditional "slow moving vehicle logo" is not there. Council directed the Manager of Engineering Services to meet with the Farm Safety Organization to discuss their issues and report back on the outcome. CORRESPONDENCE Items for Information - (Consent AQenda) 1. Ministry of Transportation Re: Red Light Enforcement Pilot Project. County Council 4 February 25, 1999 2. Nutrient Management Planning Workshop. Warden VanBrenk indicated that it is important that the County be represented at a Nutrient Management Planning Workshop on March 1, 1999. Councillors Clutterbuck and van Kasteren indicated they would be attending. Moved by Councillor Walters Seconded by Councillor Clutterbuck THAT Correspondence for Information items #1 and 2 be received and filed. - Carried. Additional Correspondence placed on Councillor's desks: 3. Ministry of Transportation re: surplus assets being made available to municipalities. 4. Elgin Federation of Agriculture advising of the annual Elgin County Farm Forum on March 26, 1999. Moved by Councillor Habkirk Seconded by Councillor Rock THAT Correspondence Item #3 be received and filed. - Carried. Moved by Councillor Walters Seconded by Councillor Stewart THAT Correspondence Item #4 received and filed. - Carried. OTHER BUSINESS Statements/InQuiries By Members Councillor Walters reminded Council of the Elgin Municipal Association Meeting and Dinner to be held on March 3, 1999 and that tickets were still available. Notice of Motion - none. Matters of UrQency - none. Moved by Councillor Walters Seconded by Councillor Stewart THAT we proceed "In-Camera" to discuss a property matter. - Carried. Moved by Councillor Stewart Seconded by Councillor Van Kasteren THAT we do now rise without reporting. - Carried. A letter complaining of a slow response which was to be forwarded to the Minister of Health from the last Council meeting was discussed and Council direction was to refrain from sending the letter. County Council 5 February 25, 1999 Moved by Councillor Rock Seconded by Councillor Walters THAT we adopt the recommendations of the Committee Of The Whole Council. - Carried. BY-LAWS Moved by Councillor Clutterbuck Seconded by Councillor Walters THAT By-Law No 99-5 "Being A By-Law to Cap Increases and Decreases of Property Taxes in the Commercial Industrial and Multi-Residential Classes for the Taxation Years 1999 and 2000" be read a first and second time. - Carried. Moved by Councillor van Kasteren Seconded by Councillor Stewart THAT By-Law No. 99-5 be read a third time and finally passed. - Carried. Moved by Councillor Walters Seconded by Councillor Rock THAT By-Law No. 99-6 "A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the February 25th, 1999 Meeting" be read a first and second time. - Carried. Moved by Councillor Stewart Seconded by Councillor Wilson THAT By-Law No. 99-6 be read a third time and finally passed. - Carried. Warden VanBrenk advised that he would not be available for Council's March 9th, 1999 meeting and reminded Council that Councillor Walters, Deputy Warden, would Chair the next meeting. Moved by Councillor Rock Seconded by Councillor Stewart THAT we do now adjourn at 5:16 P.M. to meet again on March 9th, 1999 at 9:00 AM. - Carried. Mark G. McDonald, Chief Administrative Officer. R. W. Walters, Deputy Warden.