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January 25, 1999 Minutes COUNTY COUNCIL Monday, January 25, 1999 The Elgin County Council met this day at the Administration Building, at 9:07 AM., in accordance with adjournment, with all members present except Councillor McPhail (arrived at 9:09 AM.). The Warden in the Chair. Moved by Councillor Habkirk Seconded by Councillor Stewart THAT the minutes of the meeting held on January 12, 1999 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - None. PRESENTATIONS Councillor Clutterbuck and Warden VanBrenk congratulated and presented Perfect Attendance Awards for 1998 to the following employees, those present and those in absentia: Administrative Services - Social Services and Ontario Works Library Services Human Resources Engineering Services Financial Services Elgin Manor Terrace Lodge Moved by Councillor Wilson Seconded by Councillor Rock Sandy Heffren Mark McDonald Rob Bell Sue Clemas Joe DeBruyn Marilyn VanDaele Louise Eastbury Joan McBurnie Dorothy Schaap K. Ann Bennie Clayton Watters Teresa Babinski Suzanne Edwards Linda Veger Grace Beal Carol Beauchamp Joanne Bolt Ella Kyle Claire Lebonte Servat Sobhani Sonia Beavers Marjorie Ford Erika Lang Deborah Rogers THAT we go into Committee Of The Whole. - Carried. County Council 2 January 25, 1999 Notice of Motion Moved by Councillor Habkirk Seconded by Councillor Rock THAT County Council request the Engineering Department to prepare a report focusing on the establishment of an urban road rebate program; and further, THAT such a program take into consideration, but not be limited to, a rebate program of approximately 2.5% of the annual County Roads Budget or approximately $140,000 based on the 1998 road budget; and further, THAT this report be prepared for consideration with the 1999 County Budget. - Carried. Councillor Habkirk requested that the Motion be forwarded to staff to investigate options. Moved by Councillor McPhail Seconded by Councillor Clutterbuck THAT staff explore options for the establishment of an urban road rebate program and report back to County Council prior to the finalization of the 1999 County Budgets. - Carried. STAFF REPORTS Bereavement Leave - Personnel Policy 9.90 - Director of Human Resources Moved by Councillor Habkirk Seconded by Councillor Walters THAT Personnel Policy 9.90 - Bereavement Leave, be amended to include Step-Parents in the definition of "Immediate Family". - Carried. Employee RecoQnition - Personnel Policy 10.130 - Director of Human Resources Moved by Councillor Walters Seconded by Councillor Wilson THAT the report on Personnel Policy 10.130 - Employee Recognition, be received and filed. - Carried. Green Lane Landfill and Certification of Approval - Chief Administrative Officer The Chief Administrative Officer asked direction on whether Council wishes him to remain involved in waste management planning. Moved by Councillor Habkirk Seconded by Councillor Rock THAT the report on Waste Management Planning from the Chief Administrative Officer dated January 21, 1999, be referred to the In-Camera Session. - Carried. County Council 3 January 25, 1999 Report on CappinQ LeQislation - Director of Financial Services The Director of Financial Services advised that the new Legislation has some 21 steps to calculate taxes on each property and is very involved. Due to the restructuring exercise carried out by the County, we have until February 28,1999 to pass a by-law. OPTA software can be used to produce calculations to a certain point, but final calculations will have to be done manually. The Director indicated there may have to be trade-offs between municipalities to compensate for changes in taxation. Council set a tentative date of February 25,1999 at 3:00 P.M., to discuss the Capping Legislation and Lower- Tier Treasurers and Senior Staff will be asked to attend. Moved by Councillor Habkirk Seconded by Councillor Walters THAT the report from the Director of Financial Services advising of the extension to February 28, 1999, to pass a Capping By-Law, be accepted. - Carried. CTAP Proposal - Homes' Adult Day ProQram Co-Ordinator Moved by Councillor van Kasteren Seconded by Councillor Habkirk THAT the report from the Homes' Adult Day Program Co-Ordinator on the CT AP Proposal be received and filed. - Carried. CORRESPONDENCE Items for Consideration 1. Naomi Alboim, Secretary General to the Order of Ontario and Deputy Minister, Ministry of Citizenship, Culture and Recreation, inviting Council to submit a nomination for membership in The Order of Ontario. 2. Ms. Marilyn Mushinski, M.P.P., Office of the Parliamentary Assistant to the Premier, inviting Council to participate in the Ontario Volunteer Service Awards and the Outstanding Achievement Awards for Voluntarism. 3. 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. 4. Ms. Lynn S. Buchner, AdministratorlTreasurer, Municipality of Bayham, with a resolution concerning Bill 79, The Fairness for Property Taxpayers Act. Moved by Councillor Habkirk Seconded by Councillor Wilson THAT Correspondence Items #1 and 2 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #3. Councillor Clutterbuck suggested that Past Warden Harry Mezenberg be considered for the appointment to the Elgin and St. Thomas Housing Authority Board. Councillor McPhail agreed to approach Mr. Mezenberg and bring a recommendation to the February 16th, 1999 Council meeting. County Council 4 January 25, 1999 Moved by Councillor Habkirk Seconded by Councillor van Kasteren THAT Correspondence Item #3 requesting a Council appointment to the Elgin and St. Thomas Housing Authority be deferred to the Council meeting on February 16, 1999. - Carried. The following recommendation was adopted respecting Correspondence Item #4. Moved by Councillor Stewart Seconded by Councillor Walters THAT the Corporation of the County of Elgin supports the resolution from the Municipality of Bayham urging the Province to rescind Bill 79, or alternatively administer the Bill by utilizing Provincial staff. - Carried Unanimously. Items for Information - (Consent AQenda) 1. Ms. Rita DeWild, Clerk, Municipality of West Elgin, thanking County staff for providing them with Health and Safety Training Sessions. 2. The Honourable AI Leach, Minister of Municipal Affairs and Housing, with information concerning the amendment to the Municipal Act regarding recycling of alcoholic beverage containers and copy of letter to Mayor Lastman, City of Toronto, with reference to same. 3. Mr. J. David Farnes, Vice President, Regulatory Affairs, Canadian Wireless Telecommunications Association, concerning wireless cellular 9-1-1 services. 4. The Honourable Lyle Vanclief, Minister of Agriculture and Agri-Food, acknowledging Council's concerns regarding the Department of Fisheries and Oceans plans for agricultural lands and drainage issues. 5. Mr. Toby Barrett, M.P.P., Norfolk, thanking the County for informing him of the actions taken regarding the Medical Officer of Health meeting held November 27, 1998. 6. The Honourable AI Leach, Minister of Municipal Affairs and Housing, with appreciation to Mr. Albert Ford for serving as a member on the Elgin and St. Thomas Housing Authority Board. 7. Mrs. Kay Boyer, Mayor, Elgin Manor Residents' Council, thanking the Warden and Council for their decision to rebuild Elgin Manor. 8. Mr. Denis Merrall, County Engineer, County of Middlesex, concerning Land Ambulance Consulting Project. 9. Ms. Susan McConnell, Community Relations Co-ordinator, Kettle Creek Conservation Authority, with an invitation to the Annual Meeting. 10. Paul J. Smith, Assessment Commissioner, Ontario Property Assessment Corporation, advising of staff changes. The following recommendation was adopted respecting Correspondence #4. Moved by Councillor McPhail Seconded by Councillor Wilson THAT the Minister of Agriculture and Agri-Food be requested to clearly state the Ministry's position regarding agricultural lands and drainage issues as it relates to Fish Habitat Management. - Carried Unanimously. County Council 5 January 25, 1999 Council requested that a copy of Correspondence Item #5 be sent to the Elgin-St. Thomas Health Unit. Correspondence Item #7 from the Elgin Manor Residents' Council. Council requested that a letter of appreciation be sent to the Elgin Manor Residents' Council recognizing their interest in and dedication to the County. Correspondence Item #8, concerning the February 16th, 1999 Steering Committee meeting of the Land Ambulance Consulting Project, will conflict with County Council. Council consensus was that Warden VanBrenk and the Chief Administrative Officer will discuss who to send to the meeting. Moved by Councillor Habkirk Seconded Councillor Rock THAT the Consent Agenda Items #1-10 be accepted with appropriate actions taken as directed by the corresponding resolutions. - Carried. Council took a short break at 9:55 AM. and reconvened at 10: 12 AM. DELEGATIONS Mr. Carl Bienefeld, President, St. Thomas-Elgin Tourist Association was in attendance at 10: 12 AM. and presented for Council's consideration a pictorial tourism sign to be placed along the 401 in Elgin County. The artwork is finished and the Association would like to have signs in place by the end of April. The delegation requested Council's approval and will also approach the City of St. Thomas for their approval. Moved by Councillor Clutterbuck Seconded by Councillor Wilson THAT the Elgin Tourism Sign as presented to County Council by the Elgin Tourist Association on January 25, 1999, be approved for use in Elgin County. - Carried Unanimously. Warden VanBrenk received a letter from Southwestern Ontario Travel Association advising that the Elgin Tourist Association did not have a membership on their Board. Warden VanBrenk will forward the letter to the Elgin Tourist Association in order that they may investigate and report back to Council. Mr. Terry Patterson, Account Executive, Jardine OME Limited, was in attendance at 10:30 AM. and presented a proposal for the County's 1999 General Insurance and Risk Management requirements. Mr. Patterson reviewed O.M.E.'s Municipal Insurance background and reviewed the staff report on quotation comparisons, which was faxed to him previously. He commented on some of the items in the report and highlighted the differences and improvements. Warden VanBrenk indicated that it is extremely important that property valuations be accurate and be received in writing, as Dutton/Dunwich had problems in the past. The delegation left at 11 :05 AM. following questions from Council and staff. Council took short break at 11 :05 AM. and reconvened at 11: 15 AM. Mr. Bryce Sibbick, Manager, Western Region, Frank Cowan Company Limited, was in attendance at 11: 15 A M. and presented a proposal for the County's 1999 General Insurance and Risk Management requirements. Mr. Sibbick reviewed the staff report, noted changes, and highlighted differences and improvements in the revised proposal. Council was concerned that if we do not take out the enhancements suggested, we may not have sufficient insurance coverage. Mr. Sibbick indicated that the RFP limits were adequate coverage and the County is not at extreme risk, but property valuations should County Council 6 January 25, 1999 be adjusted. Mr. Sibbick noted that the County and Lower-Tier municipalities having the same insurer had certain advantages, such as roads owned by the County but maintained by the Lower-Tier would not require two legal firms if a claim ended in court proceedings. He further indicated that increased insurable property values would not increase premiums. The delegation left at 11:42 AM. Moved by Councillor Habkirk Seconded by Councillor Wilson THAT the quotation for General Insurance and Risk Management requirements for the County of Elgin from Frank Cowan Company Ltd. be accepted, at the revised tendered amount of $118,887 including taxes for each year of the two-year period from January 29, 1999 to January 28, 2001. - Carried Unanimously. Discussion ensued regarding pooling insurance requirements for both the County and Lower-Tier to realize savings. Staff will look into it over the next two years and report back. OTHER BUSINESS Statements/InQuiries By Members Councillor Walters advised that the installation of TODS signage for a resident in Central Elgin has taken nearly one year and has not been concluded yet. Councillors have concerns dealing with TODS and requested a letter be sent to the Minister of Transportation regarding the unreasonable amount of time it has taken to erect this sign. Staff and the Warden will compose the letter and will consult with our local M.P.P. to make him aware of the problems being experienced with TODS. Warden VanBrenk informed Council that the Kettle Creek Conservation Authority Annual Meeting will be held on February 24, 1999, and that the Elgin Municipal Association meeting and dinner will be held on March 3, 1999 at the Southwold Keystone Complex. Warden VanBrenk noted that in his Inaugural Address he indicated roads issues were a priority. He asked for suggestions from Council on how best to approach the proper authorities in Toronto on this issue and noted that he has already began working with staff on this matter. Councillor Walters indicated that due to no decisions being made yet on Warden's Recognition for 1999, the Ex-Wardens would still be invited as complimentary guests to the Elgin Municipal Association Dinner. Councillors Walters and Stewart requested that Council provide input on suggestions for the format for Warden's recognition to be discussed later in the meeting. Councillor Habkirk asked if the problem with snow removal equipment in Central Elgin had been rectified. Councillor Walters indicated that additional equipment had been purchased which alleviated the problem. Notice of Motion - none. Matters of UrQency - none. Council recessed at 11 :59 AM. and reconvened at 12:45 P.M. Moved by Councillor Stewart Seconded by Councillor van Kasteren THAT we proceed "In-Camera" to discuss legal and personnel matters. - Carried. County Council 7 January 25, 1999 Warden VanBrenk named Councillor Rock as Chairman of the Committee Of The Whole for the In-Camera portion. Senior staff were excused at 1 :50 P.M. with the exception of the Director of Human Resources, Chief Administrative Officer and Deputy Clerk. Moved by Councillor Walters Seconded by Councillor Stewart THAT we do now rise and report. - Carried. Moved by Councillor Habkirk Seconded by Councillor van Kasteren THAT the Warden be authorized and directed to respond to the Ministry's request for comments on the Draft Certificate of Approval for the long term expansion of Green Lane, in accordance with the recommended comments of the Waste Management Technical Committee; and, THAT the Ministry be requested to issue the Certificate of Approval prior to February 7th, 1999; and, THAT the City of St. Thomas be notified that the County's involvement in waste management planning will cease once the Certificate is issued and the Waste Management Master Plan has been adopted. - Carried. Moved by Councillor McPhail Seconded by Councillor Clutterbuck THAT staff be directed to negotiate the services of a consultant to assist in completing the Y2K project at a cost not to exceed $25,000; and, THAT a Y2K budget, including the above, be developed for approval by Council; and, THAT considering the critical nature of the project, the Lower-Tier municipalities be kept informed of the County's progress for their information; and, THAT the Confidential Report from the Deputy Treasurer dated January 18, 1999 be approved. - Carried. Moved by Councillor Wilson Seconded by Councillor Stewart THAT the Warden and the Chief Administrative Officer be authorized to sign a Lease Agreement with Uffen Incorporated for Room #227, in the County Administration Building, for a two-year period, at the rate of $13.00 per square foot; and further, THAT suitable arrangements be made to relocate the Elgin Federation of Agriculture within the Administration Building. - Carried. County Council 8 January 25, 1999 Moved by Councillor Walters Seconded by Councillor Clutterbuck THAT Marilyn Fleck be confirmed as Director of Homes and Senior Services, effective January 25, 1999. - Carried. Councillor McPhail left at 2:20 P.M. to attend another meeting. Warden's RecoQnition Council discussed the past practice for the Warden's Banquet and decided on the following: - Near completion of term as Warden (end of October or early November) - The Warden may determine the location if so desired, otherwise the Social Committee will decide in consultation with the Warden Complimentary - Ex-Wardens and Visiting Dignitaries will be invited at no charge. Time Location Councillors Walters and Stewart will investigate what halls are available for the first week of November 1999, discuss the format and the invitation list with the Warden, and report back on February 16, 1999. Moved by Councillor Rock Seconded by Councillor Clutterbuck THAT we adopt the recommendations of the Committee Of The Whole Council. - Carried. Council took a short break at 2:55 P.M. and reconvened at 3:00 P.M. The Manager of Engineering Services attended at 3:02 P.M. BY-LAWS Moved by Councillor Walters Seconded by Councillor Stewart THAT By-Law No. 98-44 "Being a By-Law to Authorize the Warden and the County Administrator/Clerk to Sign an Agreement to Convey to Catfish Creek Conservation Authority, Under Certain Terms and Conditions, Lands in the Municipality of Central Elgin" be read a third time and finally passed. - Carried. Moved by Councillor Walters Seconded by Councillor van Kasteren THAT By-Law No. 99-2 be amended to remove the word "gate" from item number 2. - Carried. Moved by Councillor Rock Seconded by Councillor van Kasteren THAT By-Law No. 99-2, as amended, "Being a By-Law to Regulate the Construction or Alteration of Any Entranceways, Private Roads or Access to a County Road" be read a first and second time. - Carried. County Council 9 January 25, 1999 Moved by Councillor Walters Seconded by Councillor Clutterbuck THAT By-Law No. 99-2, as amended, be read a third time and finally passed. - Carried. Moved by Councillor Stewart Seconded by Councillor Wilson THAT By-Law No. 99-3 "Being a By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the January 25th, 1999 Meeting" be read a first and second time. - Carried. Moved by Councillor Rock Seconded by Councillor Clutterbuck THAT By-Law No. 99-3 be read a third time and finally passed. - Carried. Moved by Councillor van Kasteren Seconded by Councillor Stewart THAT we do now adjourn at 3:05 P.M. to meet again on Tuesday, February 16th, 1999 at 9:00 AM. - Carried. Mark G. McDonald, Chief Administrative Officer. Rien VanBrenk, Warden.