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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.