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January 12, 1999 Minutes COUNTY COUNCIL Tuesday, January 12th, 1999 The Elgin County Council met this day at the Administration Building, at 9:05 AM., in accordance with adjournment, with all members present. The Warden in the Chair. Moved by Councillor Habkirk Seconded by Councillor van Kasteren THAT the minutes of the meeting held on December 8th and 10th, 1998 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - None. DELEGATIONS Mr. Ken Verrell, Co-Chair, International Year of Older Persons (IYOP) Elgin Community Committee, was in attendance and addressed Council on the celebrations planned for 1999. In March, there will be a kick-off ceremony held to promote IYOP in Elgin, and County and City Councils will be invited to attend. A special day of events is also being planned in July at Pinafore Park, St. Thomas. Mr. Verrell asked Councillors to consider organizing events in their municipalities that Seniors could participate in. A grant of $20,000 is available for all of Elgin County to help defray costs, however, 15% of the costs have to be raised before applying for the grant. A grant request will be forwarded to Financial Services for consideration in the 1999 budget. Councillors suggested the official logo could be put on County letterhead and the United Nations declaration could be posted in the Administration Building foyer. Warden VanBrenk thanked Mr. Verrell for his presentation and the Delegation left at 9:24 AM. Moved by Councillor Habkirk Seconded by Councillor Wilson THAT we go into Committee Of The Whole. - Carried. STAFF REPORTS Applications for Minor Exception to the Trees Act - Tree CommissionerlWeed Inspector Mr. Geurts presented applications on behalf of Robert Campbell to clear 2.0 acres of walnut trees to square up workable land; and on behalf of Gerald and Carol Goodhue to clear 2.5 acres of scrub to convert to workable farmland. Mr. Geurts indicated that there are no environmental concerns, neighbours have no objections, and both applicants have agreed to replant an equal area. Councillors questioned if replanting is monitored and Mr. Geurts replied that he follows up to ensure the County's no net loss policy is followed. Moved by Councillor Wilson Seconded by Councillor McPhail THAT the Application for Minor Exception to the Trees Act from Robert M. Campbell, Lot 8, Concession 5, Municipality of West Elgin, to clear approximately 2.0 acres of trees to square off workable land be approved. County Council 2 January 12, 1999 THAT the Application for Minor Exception to the Trees Act from Gerald and Carol Goodhue, Lot 21, Concession STRE, Township of Southwold, to clear approximately 2.5 acres of scrub to convert into workable farmland be approved. - Carried. Mr. Geurts left at 9:30 AM. Road Occupancy Permit for County Roads - ManaQer. EnQineerinQ Services Mr. Watters indicated this permit is necessary to ensure the County has control over work performed on County Roads. Council amended the form to change government agencies to Lower-Tier municipalities, and to indicate that utility companies not covered by a Federal Charter will be charged a fee. It was noted that applicants are required to provide for $3,000,000 insurance which must be provided to the County before work can commence. Moved by Councillor Habkirk Seconded by Councillor Rock THAT staff be authorized and directed to prepare a By-Law for the issuance and enforcement of a Road Occupancy Permit for work on County Road rights-of way, as amended, including the alteration or construction of an entranceway onto a County Road; and, THAT applicants be required to provide proof of insurance in the amount of $3,000,000 to the County before work can commence. - Carried. EIQin County Involvement with the Green Lane Public Liaison Committee - ManaQer. EnQineerinQ Services Mr. Watters indicated that an alternate may attend these meetings, however, Council prefers that Mr. Watters remain on the Committee. Moved by Councillor Stewart Seconded by Councillor Rock THAT Engineering Services designate a representative to the current Public Liaison Committee and it is recommended that we continue with our representation on this Committee when it is reformed in February 1999. - Carried. Annual AveraQe Daily Traffic Counts - ManaQer. EnQineerinQ Services Mr. Watters indicated that traffic counts are used extensively by many agencies and that the Municipality of Central Elgin and the Township of Southwold will be done this year. After roads are improved, traffic volumes increase dramatically. Councillors noted that maintenance is much higher on roads travelled by trucks and that the Province should be approached for more funding on heavily travelled roads, to cover increased costs. Mr. Watters indicated that "smart counters" are available, at a cost of $2,200 each, and can be used to determine traffic type. Two units have been requested in the 1999 Engineering Services budget and Council instructed staff to budget for sufficient units to properly cover the County. A report will be presented prior to consideration of the Engineering Services budget, indicating whether the overall cost for maintenance per kilometre is fair, whether more dollars per kilometre are required for high volume roads, and if methods need to be altered. Mr. Watters indicated a standardized form for reporting maintenance and financial statistics is being worked on. County Council 3 January 12, 1999 Moved by Councillor Habkirk Seconded by Councillor Clutterbuck THAT the Manager of Engineering Services' report on "Annual Average Daily Traffic Counts" be received and filed. - Carried. Council took a short break at 10:05 AM. and reconvened at 10: 15 AM. SiQninQ Authority for Donation Accounts - ActinQ Director of Homes and Senior Services Mrs. Fleck indicated the bank requires notification of current signing authorities. Moved by Councillor Walters Seconded by Councillor Stewart THAT Linda Veger and Marilyn Fleck be named as signing authorities for the donation accounts for Elgin Manor, Terrace Lodge and Bobier Villa; and, THAT Financial Services be directed to make the necessary changes with the Bank of Montreal. - Carried. Toys in Library Policy - ManaQer of Library Services Moved by Councillor Wilson Seconded by Councillor Habkirk THAT the attached policy and guidelines entitled "Toys in Library Policy" be approved. - Carried. CD-ROM Circulation Policy - ManaQer of Library Services Ms. Bishop noted that a disclaimer saving the County harmless from damage to personal computers is conveyed to patrons. Councillor Habkirk felt that was not sufficient, however, Ms. Bishop indicated that in formulating other Library policies this disclaimer has been all that was required. Moved by Councillor Habkirk Seconded by Councillor Rock THAT the attached policy entitled "CD-ROM Circulation Policy" be approved. - Carried. Music CD Circulation Policy - ManaQer of Library Services Moved by Councillor Rock Seconded by Councillor Walters THAT the attached policy entitled "Music CD-ROM Circulation Policy" be approved. - Carried. County Council 4 January 12, 1999 Compact Disc Collection and CD-ROM Collection - ManaQer of Library Services Moved by Councillor Habkirk Seconded by Councillor Clutterbuck THAT the attached policy entitled "Compact Disc Collection" and "CD-ROM Collection" criteria be added to the "Collection Development Policy" be approved. - Carried. Council Dress Code - Chief Administrative Officer Councillor Walters noted that newspapers had incorrectly reported Councillors are provided with blazers and asked that a correction be made. He indicated that a great deal of time had been wasted on the tie issue and commented that everyone on Council is acting in the best interest of the ratepayers. Councillor Walters requested that the matter of Council attire be addressed sometime later in the year and Councillor Habkirk suggested the discussion should take place after budget time. Warden VanBrenk indicated that purchase of blazers could be addressed at budget time. Councillor Rock apologized if he offended anyone at Councilor the general public and the tie issue had been blown out of proportion. Councillor Habkirk noted this issue had overshadowed the good work done by Council through the year. Moved by Councillor Rock Seconded by Councillor van Kasteren THAT the Chief Administrative Officer's report on "Council Dress Code" be received and filed. - Carried. Schedule of Council MeetinQs for 1999 - Chief Administrative Officer Moved by Councillor Rock Seconded by Councillor Walters THAT the schedule of County Council Meetings for 1999 be approved as presented. - Carried. CORRESPONDENCE Items for Consideration 1. Mayor Ruby Croft, Town of Gore Bay, Manitoulin Island, with a resolution regarding the goods and services tax being applied against municipal taxes to business tenants. 2. Ms. Jayne Carman, Acting Clerk, County of Brant, with a resolution concerning the school funding formula and the impact school closings will have on rural communities. 3. City of Nepean, with a resolution urging the Provincial Government to review its current policy for funding of schools in Ontario. 4. Mr. Morley Kells, M.P.P., Ontario Olympics Commissioner, with a copy of Bill 77 describing the reasons for Provincial support for the City of Toronto to host the XXIX Summer Games. County Council 5 January 12, 1999 5. Mr. Roy Stewart, Chairman, Canada Indivisible, thanking Council for past support and requesting Council's help to inform communities of the Canada Indivisible unity resolution. 6. Mr. Chester Hinatsu, Director of Ontario Works, City of St. Thomas, with copy of letter and resolution regarding the "Consolidation Implementation Date". 7. Mr. Carl-Wilhelm Bienefeld, President, St. Thomas-Elgin Tourist Association, requesting the re-appointment of the 1998 representatives. 8. Ms. Erika MacKenzie, Appointments Advisor, Ministry of Municipal Affairs and Housing, requesting Council to make an appointment to the Elgin and St. Thomas Housing Authority. 9. Ms. Susan McConnell, Community Relations Co-Ordinator, KCCA, requesting a letter of support for Roberto Quai as a candidate on a provincial level committee of "Partners in Tourism". 10. Warden Delton Becker, County of Grey, with a resolution concerning Bill 79 - "Fairness for Property Taxpayers Act, 1998". 11. Mr. Emil Kolb, Regional Chair and Chief Executive Officer, Region of Peel, with a resolution concerning Bill 79 - "Fairness for Property Taxpayers Act". 12. City of St. Thomas, requesting Council to consider passing a resolution requesting inclusion of Elgin County and the City of St. Thomas in the London/Middlesex Waste Management Service Area. The following recommendation was adopted respecting Correspondence Item #1. Moved by Councillor Habkirk Seconded by Councillor Rock THAT the Council of the Corporation of the County of Elgin supports the Town of Gore Bay's resolution requesting the Federal Government to eliminate the GST from being applied against municipal taxes applicable to business tenants. - Carried. The following recommendation was adopted respecting Correspondence Item #2. Moved by Councillor Wilson Seconded by Councillor Walters THAT the Council of the Corporation of the County of Elgin supports the County of Brant's resolution concerning the need for the Province to implement a school funding formula which adequately addresses the unique nature of rural schools and ensures their continuation for the benefit of rural students. - Carried. The following recommendation was adopted respecting Correspondence Item #3. Moved by Councillor Wilson Seconded by Councillor Clutterbuck THAT the Council of the Corporation of the County of Elgin supports the City of Nepean's resolution urging the Province to review its current policy and criteria for funding for schools in Ontario. - Carried. County Council 6 January 12, 1999 The following recommendation was adopted respecting Correspondence Item #4. Moved by Councillor Walters Seconded by Councillor van Kasteren THAT the Council of the Corporation of the County of Elgin endorses the tenets of support called for by the Bill entitled: An Act to endorse the proposed bid of the City of Toronto to host the XXIX Summer Olympic Games, and further that this Council agrees with the principles of "building a peaceful and better world by educating youth through sport practiced without discrimination of any kind and in the Olympic spirit, which requires mutua/ understanding with a spirit of friendship, solidarity and fair p/ay" as described in the IOC Charter; and THAT the Council further agrees to have this endorsement joined to that of other jurisdictions as a display of provincial solidarity behind this universally acclaimed undertaking. - Carried. Moved by Councillor Habkirk Seconded by Councillor Clutterbuck THAT Correspondence Item #5 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #6. Moved by Councillor Habkirk Seconded by Councillor Stewart THAT the Council of the Corporation of the County of Elgin confirms that the City of St. Thomas will be the consolidated delivery manager for Ontario Works and Social Services on behalf of the County of Elgin and the City of St. Thomas effective April 1, 1 999. - Carried. The following recommendation was adopted respecting Correspondence Item #7. Moved by Councillor van Kasteren Seconded by Councillor McPhail THAT the Council of the Corporation of the County of Elgin reappoints Mrs. Irene Puddester and Mr. Ed Lewinsky as representatives of the County of Elgin on the St. Thomas-Elgin Tourist Association Board for 1999. - Carried. Moved by Councillor Walters Seconded by Councillor van Kasteren THAT Correspondence Item #8 be "Deferred" to the January 25th, 1999 Council Meeting. - Carried. The following recommendation was adopted respecting Correspondence Item #9. County Council 7 January 12, 1999 Moved by Councillor Walters Seconded by Councillor Rock THAT the Council of the Corporation of the County of Elgin supports the application of Roberto Quai of Quai du Vin Winery, Sparta, Ontario, as a candidate to serve on a committee at the Provincial level in the "Partners in Tourism" initiative. - Carried. The following recommendation was adopted respecting Correspondence Item #10. Moved by Councillor Walters Seconded by Councillor Habkirk THAT the Council of the Corporation of the County of Elgin supports the County of Grey's resolution requesting the Province to withdraw Bill 79 "Fairness for Property Taxpayers Act, 1998" as the Bill will not achieve its intended results; and THAT the Province resume discussions with AMO's municipal expert tax panel to develop solutions that meet the Government's policy objectives. - Carried. The following recommendation was adopted respecting Correspondence Item #11. Moved by Councillor Walters Seconded by Councillor Habkirk THAT the Council of the Corporation of the County of Elgin supports the resolution from the Region of Peel concerning Bill 79 "The Fairness for Property Taxpayers Act" requesting the Minister of Finance to extend the December 31, 1998 deadline to February 15,1999. - Carried. The following recommendation was adopted respecting Correspondence Item #12. Moved by Councillor Walters Seconded by Councillor Wilson THAT the Council of the Corporation of the County of Elgin respectfully requests that the London/Middlesex Waste Management Master Plan Committee, to include the County of Elgin and the City of St. Thomas within it's service area. - Carried. Items for Information - (Consent AQenda) 1. Ms. Sherri Helmka, Executive Director, Employers' Advocacy Council, advising Council that Bill 92 "Emergency Volunteers Protection Act" is anticipated to be passed before Christmas. 2. The Honourable Ernie Eves, Minister of Finance, acknowledging Council's resolution requesting the Province to dedicate a portion of the fuel tax to help support municipal road systems. 3. Mayor Stephen J. Peters, City of St. Thomas, with copy of a letter to the St. Thomas- Elgin Tourist Association advising of the City's financial support of the "Area Profile Sign" on Highway 401. 4. Premier Michael D. Harris, acknowledging receipt of Council's resolution on the Online Property Tax Analysis System. County Council 8 January 12, 1999 5. The Honourable Jim Wilson, Minister of Energy, Science and Technology, and Mr. Michael Power, President, AM.O., advising Municipal Councils that "The Energy Competition Act, 1998" has passed in the Legislature and the impact it will have on municipalities. 6. The Honourable Robert Runciman, Solicitor General and Minister of Correctional Services, advising that the Ministry is not involved with 9-1-1 Services and that the County's letter was forwarded to the CRTC. 7. Ms. Phyllis Ketchabaw, Clerk, Town of Aylmer, with a resolution asking the Minister of Finance to amend the capping legislation to take effect in 1999. 8. Municipality of Bayham, and Township of Malahide, with letters of appreciation for the Occupational Health and Safety training provided by the County Human Resources Department. 9. Mr. Bob Bishop, Yarmouth Sand & Gravel Ltd., with a positive response regarding the results of the Sparta Pit surplus property tender. 10. The Honourable Paul Martin, Minister of Finance, concerning Council's resolution pertaining to the deduction of the cost of tools for income tax purposes. 11. The Honourable David J. Johnson, Minister of Education and Training, concerning Council's resolution regarding the closure of rural community schools. 12. Mr. Michael Power, AMO President, with copy of a letter to the Ministers of Health and Municipal Affairs and Housing, concerning the transfer of land ambulance service to municipal governments. 13. The Honourable Ernie Eves, Minister of Finance, concerning Council's resolution regarding commercial and industrial property classes. 14. The Honourable Norman Sterling, Ministry of the Environment, with regard to Council's resolution concerning regulations for dust suppressants. 15. AMO Member Communication ALERT re: "Province Decides to Transfer Land Ambulance As Planned" and "Ontario Works Expanded to the Private Sector". 16. The Honourable Ernie Eves, Minister of Finance, concerning Bill 79" Fairness for Property Taxpayers Act" which received Royal Assent December 18th, 1998. 17. Ms. Micheline Riopelle, Regional Manager Southwestern Region, Ministry of Municipal Affairs and Housing, with a copy of the new office telephone directory. 18. Mr. William Shurish, Executive Director, Quad County Support Services, thanking Council for the grant of $2,000.00. 19. The Honourable Janet Ecker, Minister of Community and Social Services, with information concerning the expansion of the Ontario Works program into the private sector. 20. Mr. Donald N. Leitch, Co-ordinator of Planning & Development, Municipality of Central Elgin, with a copy of correspondence concerning the "Sparta Pit" Property. 21. Mayor Jim Watson, City of Ottawa and Mr. Bob Chiarelli, Regional Chair of Ottawa- Carleton, regarding a conference "LawTECH+" to be held in Ottawa on February 11 and 12, 1999. 22. The Honourable Jim Flaherty, Minister of Labour, acknowledging Council's position on coverage for volunteer firefighters and advising that Bill 92 received Royal Assent on December 18th, 1998. County Council 9 January 12, 1999 23. RO.M.A Registration, February 7-1Oth, 1999 Conference at Royal York - Toronto. Moved by Councillor Habkirk Seconded by Councillor Rock THAT Correspondence Items #1-23 be received and filed. - Carried. Moved by Councillor Wilson Seconded by Councillor Walters THAT we proceed "In-Camera" to discuss legal and personnel matters. - Carried. Warden VanBrenk named Councillor McPhail as Chairman of the Committee Of The Whole for the In-Camera portion. Council recessed at 12:05 P.M. and reconvened at 12:53 P.M. Senior staff, except the CAO, Director of Human Resources and the Deputy Clerk, left at 1 :20 P.M. Moved by Councillor Walters Seconded by Councillor Habkirk THAT we do now rise and report. - Carried. Moved by Councillor Walters Seconded by Councillor Clutterbuck THAT County Council concur with the automatic adjustment formula and the 1999 stipend for the Warden and Countil be adjusted by 1 %. - Carried. Moved by Councillor Habkirk Seconded by Councillor McPhail THAT the Council of the Corporation of the County of Elgin inform the Ministry of Health of its plans to rebuild the Elgin Manor as a 90 bed, County-owned facility, and direct staff to prepare a detailed timetable, financial plan and workplan to complete the project; and, THAT the Council of the City of St. Thomas be invited to explore the benefits of participating in the process in an effort to avoid duplication and to save scarce financial resources; and further, THAT the Confidential Report dated January 7th, 1999 be approved. - Carried. Moved by Councillor Clutterbuck Seconded by Councillor Stewart THAT we adopt the recommendations of Committee Of The Whole Council. - Carried. County Council 10 January 12, 1999 OTHER BUSINESS Statements/InQuiries By Members - Councillor Walters commented that roads throughout the County, during the recent snowstorms, are being cleared very well. He suggested that as there is normally no press in attendance when Council rises from In- Camera, the agenda item "Other Business" be moved ahead of Council's In-Camera portion. Moved by Councillor Walters Seconded by Councillor Habkirk THAT the agenda item "Other Business" be placed ahead of "In-Camera" on Council's Orders of the Day and the appropriate By-Law be so amended. - Carried. Notice of Motion - Councillor Habkirk presented a Notice of Motion regarding the re- establishment of an urban road rebate program. This item will be printed on next meeting's agenda for consideration. Matters of UrQency - The Chief Administrative Officer indicated that a finalized agreement of purchase and sale for Sparta Pit by the Catfish Creek Conservation Authority had been received at lunchtime. Due to the lateness of receipt, it was deferred to the January 25, 1999 Council meeting. Councillor Walters indicated that Central Elgin's sidewalk snow remover has broken down and asked that should any municipalities have equipment they could use temporarily, to please contact his municipal office to work out the details. BY-LAWS Moved by Councillor Habkirk Seconded by Councillor van Kasteren THAT By-Law No. 99-1 "A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the January 12th, 1999 Meeting" be read a first and second time. - Carried. Moved by Councillor Stewart Seconded by Councillor Wilson THAT By-Law No. 99-1 be read a third time and finally passed. - Carried. Moved by Councillor McPhail Seconded by Councillor Rock THAT we adjourn at 2:45 P.M. to meet again on Monday. January 25th. 1999 at 9:00 A.M. - Carried. Mark G. McDonald, Chief Administrative Officer. Rien VanBrenk, Warden.