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June 22, 1999 Minutes COUNTY COUNCIL Tuesday, June 22, 1999 The Elgin County Council met this day at the Administration Building, at 9:02 AM., in accordance with adjournment, with all members present. Warden VanBrenk in the Chair. Moved by Councillor Habkirk Seconded by Councillor Walters THAT the minutes of the meeting held on June 8th, 1999 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF- None. PRESENTATIONS Warden VanBrenk, Councillor McPhail and Councillor van Kasteren presented long service awards and retirement recognition to the following County employees, in attendance and in absentia: HOMES Nellie J. Mezenberg 29 years (retirement) Bobier Villa Sadie Dryfhout 20 years (retirement) Bobier Villa Margaret M. Flick 20 years (retirement) Terrace Lodge D. Wayne Fishleigh 25 years (full-time) Elgin Manor Cathy R. Currie 20 years (full-time) Elgin Manor Thea R. Dygos 20 years (full-time) Terrace Lodge Margaret E. Lyle 20 years (full-time) Bobier Villa Rose M. Lyons 20 years (full-time) Bobier Villa Barbara E. Shackleton 15 years (full-time) Elgin Manor Connie L. Froats 15 years (part-time) Elgin Manor Linda L. Irvine 15 years (part-time) Elgin Manor Lynn M. Baer 10 years (full-time) Terrace Lodge John Q. Smith 10 years (full-time) Elgin Manor Pauline M. Frohlick 10 years (part-time) Elgin Manor Jo Anne Purvis 10 years (part-time) Elgin Manor Bonnie Richardson 10 years (part-time) Elgin Manor LIBRARY SERVICES Mary A Haggerty 14 years (retirement) Suzanne J. Nemett 20 years (part-time) Susan A Lamont 15 years (part-time) Doris VanDenEeckHout 15 years (part-time) Maria A Smit 10 years (part-time) Renee S. Saarloos 10 years (part-time) Anne Bray 10 years (part-time) Jacqueline Jeffery 10 years (part-time) FINANCIAL SERVICES Linda B. Veger 10 years (full-time) County Council 2 June 22, 1999 HUMAN RESOURCES Harley J. Underhill 10 years (full-time) ENGINEERING SERVICES K. Ann Bennie 20 years (full-time) The Award Recipients left at 9:19 AM. Moved by Councillor Rock Seconded by Councillor Stewart THAT we do now move into Committee Of The Whole Council. - Carried. Notice of Motion Moved by Councillor Habkirk Seconded by Councillor Clutterbuck THAT, when County services are provided or requested by another municipality or organization, that are not the direct and sole responsibility of the upper tier, the cost of providing said services be charged at the appropriate rate to the requesting body. Councillor Habkirk remarked that a charge for service would be much lower than the cost to contract the service, but that the requesting body should pay for it. Councillor Habkirk further noted that when utilization of staff by other bodies results in the hiring of contract persons to help at the County level, costs become a matter for consideration. Councillors noted that County services are paid through the levy, and as such, we are able to work together for the benefit of all. It would be time-consuming to track time spent on a project for charge-back and difficult to draw the line at what functions should be tracked. A charge for time could involve other agencies, such as the City of St. Thomas, that share services. - Motion Defeated. STAFF REPORTS Traffic SiQnals in West Lorne - ManaQer of EnQineerinQ Services The Manager noted that MTO testing warrants did not indicate that traffic signals are required at this intersection, but that the County could fund the installation if Council wished. Councillor Walters noted that the County installed flashing lights at County Road #45 and #36 which has reduced accidents considerably at that intersection. Council consensus was that the County should establish its own criteria for traffic signals, rather than relying on MTO guidelines. Mr. Watters indicated that a report would be forthcoming by the fall on safety requirements at County intersections. The Chief Administrative Officer remarked that requests should be considered on their own merits and that Council could consider funding up to 50% of the costs the next time a request came forward. Moved by Councillor McPhail Seconded by Councillor Stewart THAT installation of traffic signals at the intersection of Graham Road and Pioneer Line in West Lorne, in the Municipality of West Elgin, be approved, and the County fund up to 50% of the capital costs of installation to a maximum of $35,000.00. - Carried. County Council 3 June 22, 1999 Municipality of Dutton/Dunwich - Temporary Closure of County Road #8 (Currie Road) in the VillaQe of Dutton - ManaQer of EnQineerinQ Services Moved by Councillor Habkirk Seconded by Councillor Stewart THAT a by-law be passed to temporarily close Currie Road (County Road #8) from Mary Street to John Street in the geographical location of the Village of Dutton in the Municipality of Dutton/Dunwich; and, THAT the road closure shall be from 7:00 P.M., Saturday, June 26, 1999 to 1 :00 AM. Sunday, June 27, 1999 for the purposes of a Fundraising Dance for renovations to the community swimming pool; and, THAT safety requirements are to be met to the satisfaction of the Manager of Engineering Services. - Carried. Photocopiers- Deputy Clerk The Deputy Clerk highlighted the report on photocopier requirements by County departments. Moved by Councillor van Kasteren Seconded by Councillor Walters THAT the County of Elgin purchase photocopiers from Pitney Bowes as follows: Administrative Services - 1 Model 360 at $8,785.00 Human Resources - 1 Model 360 at $8,785.00 Bobier Villa - 1 Model C235 at $6,170.00 All plus taxes. - Carried. Mr. Hugh Geurts and Mr. Bryan Hall were in attendance at 9:58 AM. Mr. Geurts reviewed his report on Tree CommissionerlWeed Inspector activities. Mr. Geurts responded to a question from Council that unless weed cover is extreme, a Weed Order is not issued. He further indicated that promotion of the tree by-law has gone well. There are three open houses per year at KCCA, brochures have been placed in all municipal offices to inform people of the by-law, and brochures are handed out to each landowner/contractor he deals with in regard to tree by-law requirements. Council requested Mr. Geurts to provide a mail-out to the municipal offices to go out with tax notices. Moved by Councillor Rock Seconded by Councillor Walters THAT the Summary of Activities - Elgin County Tree CommissionerlWeed Inspector - Contract Year 1998-1999 report be received and filed. - Carried. Weed Inspector/Tree Commissioner AQreement with Kettle Creek Conservation Authority - Deputy Clerk Mr. Hall answered questions regarding the contract renewal. He indicated that the County- owned truck, used to provide the service, is nine years old and has approximately 220,000 km. on it and may need to be replaced next year. Mr. Geurts indicated that a truck, even though not fuel efficient, is what is necessary for travelling into woodlots to check on loggers. Councillor Walters noted that Lower-Tier municipalities will have used trucks for sale and should be contacted to see what is available. Councillor Rock suggested that County Council 4 June 22, 1999 responsibility for the licensing and maintenance of the vehicle should be taken over by KCCA and the yearly contract price adjusted accordingly. Staff will review and present an amended contract in time for next year. Moved by Councillor McPhail Seconded by Councillor Rock THAT the agreement with Kettle Creek Conservation Authority for the provision of Tree Commissioner and Weed Inspector services be renewed, in the amount of $25,380.00, for the term May 1, 1999 to April 30, 2000; and further, THAT said agreement shall be subject to negotiation and considered as annually renewed unless 90 days notice of cancellation or amendment is provided in writing by one party to the other, and the necessary by-law be prepared. - Carried. Council took a short break at 10:15 AM. and reconvened at 10:25 AM. CORRESPONDENCE Items for Consideration 1. Carman J. Milligan, Clerk-Treasurer, Township of Tyendinaga, petitioning the Province of Ontario to change existing legislation to require a Full Deposit/Refund system for beverage containers. 2. Don Gordon, Program Co-Ordinator, Carolinian Canada, concerning moral and financial support through a membership contribution. 3.a) B. Casselman, City Administrator, City of Thorold, regarding the Ministry of Labour's Order # 883319 concerning trained emergency response personnel. b) AMO Alert recommending support for the appeal by the City of Thorold on Ministry of Labour Order #883319. 4. Port Bruce Preliminary Interim Management Statement. 5. Jim Pine, Secretary-Treasurer, AM.O., requesting nominations to the 1999-2000 AMO Board of Directors. 6. Lynda Millard, Clerk, Municipality of Bayham, with a resolution reconsidering their request to close the Vienna Library. The following recommendation was adopted respecting Correspondence Item #1. Moved by Councillor Habkirk Seconded by Councillor Walters THAT the Corporation of the County of Elgin supports the resolution from the Township of Tyendinaga petitioning the Provincial Government to change existing legislation to require a Full Deposit/Refund system for beverage containers. - Carried. Moved by Councillor Habkirk Seconded by Councillor Rock THAT Correspondence Item #2 be received and filed. - Carried. County Council 5 June 22, 1999 Moved by Councillor Walters Seconded by Councillor McPhail THAT the Corporation of the County of Elgin supports the resolution from the Corporation of the City of Thorold appealing the Ministry of Labour Order No. 883319 and the AM.O. Alert, concerning trained emergency response personnel. - Carried. Concerning Correspondence Item #4, Councillor Wilson noted that stakes in the ground do not properly represent property lines in Port Bruce. The Manager of Engineering Services indicated that the County owns a 100 foot right-of-way through most areas of the Park, but that the Province still has not provided detailed plans. Council consensus was that the Manager of Engineering Services acquire copies of the plans from the Registry Office and furnish them to the local municipality, as they are critical to their decision making. Moved by Councillor Habkirk Seconded by Councillor Stewart THAT Correspondence Item #4 be received and filed. - Carried. Moved by Councillor Rock Seconded by Councillor Stewart THAT Correspondence Item #5 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #6. Councillor Rock stated for the record that it was the Municipality of Bayham that requested closure of the Vienna Library, the County did not initiate it. County Council expressed their concerns regarding the closure, but it was a local decision. Moved by Councillor van Kasteren Seconded by Councillor Stewart THAT, in response to the Municipality of Bayham's reconsideration of its decision to close the Vienna Library, the Council of the County of Elgin concurs with the resolution to keep the Vienna Library open and to provide usage statistics on a regular basis. - Carried Unanimously. Items for Information - (Consent AQenda) 1. Barry Radford, Ministry of Natural Resources, with a map showing the areas in the province scheduled for the distribution of the rabies vaccine to protect the public from the threat of the arctic fox strain of rabies. 2. B.A Moyle, Fire Marshal of Ontario, Ministry of the Solicitor General and Correctional Services, concerning fire protection services delivery by the Office of the Fire Marshal. 3. J.L. Ellard, Director, Project Upgrade, Ministry of the Solicitor General and Correctional Services, with a copy of the "Province of Ontario Nuclear Emergency Plan - Interim Part VIII - Other Emergencies". 4. George Brown, Director of Administrative Services/Clerk, County of Victoria, supporting Council's resolution concerning access to revenue from road user taxes and fees. County Council 6 June 22, 1999 5. The Honourable Paul Martin, Minister of Finance, regarding Council's resolution concerning the exclusion of municipal taxes from rent before applying GST taxes. Regarding Correspondence Item #1, Councillor McPhail noted that the Ministry of Natural Resources is dropping rabies bait over an extensive area of Ontario. He questioned whether rabies bait could be made available to the rural areas of the County or if the municipal dogcatcher could deliver rabies vaccine, in pill form, to homeowners to vaccinate the animals themselves, when selling dog tags. Moved by Councillor McPhail Seconded by Councillor Wilson THAT the Elgin-St. Thomas Health Unit be encouraged to investigate the possibility of acquiring, for distribution, rabies bait or pills to facilitate an easy method of delivery of the vaccine in the rural areas of Elgin County. - Carried Unanimously. The following recommendation was adopted respecting Correspondence Item #2. Councillors were very concerned that the Provincial downloading of fire inspections of institutions and hotels, to the municipal level, places far too great a burden, liability and responsibility on overworked volunteer fire departments. The volunteer fire departments do not have the time, training, or financial resources to take on such a task. Clarification is also needed on what is required and how it can be achieved. Correspondence Item #2 was referred to the Emergency Measures Co-Ordinator to discuss with the lower-tier fire departments and report to Council's July meeting with a unified recommendation on the matter. Council took a short break 11: 15 A M. to have the annual Council photo taken and reconvened at 11 :32 AM. Warden VanBrenk welcomed newly elected M.P.P. Steve Peters and congratulated him on his election to the position. Mr. Peters noted his Constituency Office would open at 542 Talbot Street about July 5, 1999. He will be having meetings throughout the Riding and will do his best to meet the needs of constituents and forward local concerns to Queen's Park. Councillors brought forth the following issues for Mr. Peters to investigate: 1. Bill 84 and clarification of downloading of fire inspections to the local level. 2. Proposed Municipal Act takes away local municipal boundary adjustments. 3. Roads that were downloaded from the Province. The Manager of Engineering Services was directed to provide Mr. Peters with a database of all roads in Elgin, showing capital improvements made and what is required to repair the transferred roads to a good standard. 4. Commercial Tax as it relates to home occupations that have limited commercial value and what triggers the usage of the tax class. Mr. Peters enquired about the drastic erosion of the cliffs along the shoreline in the County. The Manager of Engineering Services indicated that it is a local issue if roads need to be closed. The cost to build new roads would be from $400,000-$500,000 per km. Councillors emphasized the cost of protecting the cliffs from erosion is beyond the funding of the County and Lower-Tier municipalities and responsibility should rest with the Provincial and Federal Governments. Mr. Peters will investigate. Warden VanBrenk thanked Mr. Peters for attending and for his efforts on our behalf and invited him to lunch. Moved by Councillor Habkirk Seconded by Councillor van Kasteren THAT Correspondence Items #3, 4, and 5 received and filed. - Carried. County Council 7 June 22, 1999 Council recessed at 12:05 P.M. and reconvened at 1 :00 P.M. OTHER BUSINESS Statements/InQuiries By Members Councillor Rock had received a verbal request regarding the status of installation of slow- moving vehicle signs on the roadway by Belmont Feed Supply. The Manager of Engineering Services indicated signs have been dispersed to the Lower-Tier Road Superintendents for them to install. Councillor Wilson indicated signs are needed west of the Borden plant at Belmont and Council directed the Manager of Engineering to acquire the signage. Warden VanBrenk thanked Councillors for taking over his duties during his recent bereavement, and for the flowers received from the County. Councillor McPhail commented that as part of activities for the "International Year of Older Persons", students and seniors of West Elgin had compiled a book. The seniors related stories and the students put it into book form. The publishers liked the project so much; they reduced their fee for printing the book by half. The Manager of Library Services indicated that for the "International Year of Older Persons" the Library is holding various programs and as part of the celebrations at Pinafore Park on July 14th, will put on a puppet show for the seniors. Councillor Rock noted the utility cuts on the front driveway of the Administration Building need repairing and the Manager of Engineering Services was directed to have it done as soon as possible. The Director of Homes and Senior Services reminded Council of the Terrace Lodge barbecue to be held on June 24 from 5:00 - 7:00 P.M. and the Elgin Manor Strawberry Social to be held on June 27 from 2:00 - 4:00 P.M. Councillor van Kasteren reminded Council of the Pioneer Museum's Strawberry Social, to be held on June 23rd from 1 :30 - 4:30 P.M., and commented that the Museum's cement pathway has been repaired. Warden VanBrenk requested Council's July meeting be held on the 2ih and Council concurred. Warden VanBrenk commented that the cost of Council's annual photograph is $10 each and Council consensus was that the expenditure be taken from the Council budget. Notice of Motion - None. Matters of UrQency - None. Moved by Councillor Stewart Seconded by Councillor Walters THAT we proceed In-Camera to discuss property and personnel matters. - Carried. Warden VanBrenk asked Councillor Wilson to Chair the In-Camera portion. Senior staff was excused at 2:37 P.M. except for the Director of Human Resources and the Chief Administrative Officer. The Deputy Clerk re-entered Chambers at 2:48 P.M. Moved by Councillor McPhail Seconded by Councillor Rock THAT we do now rise and report. - Carried. County Council 8 June 22, 1999 Moved by Councillor Walters Seconded by Councillor Rock THAT the Confidential Report entitled "Supervisory Staff" dated June 10, 1999 be accepted; and, THAT the Director of Homes and Senior Services and the Director of Human Resources implement the necessary steps to consolidate the Supervisory Functions of Dietary, Housekeeping and Laundry within the Homes. - Carried. Moved by Councillor Rock Seconded by Councillor van Kasteren THAT Warden VanBrenk and Councillor Clutterbuck be authorized to negotiate an option to purchase land according to the parameters outlined in the draft option. - Carried. Moved by Councillor Habkirk Seconded by Councillor Clutterbuck THAT we adopt the recommendations of the Committee Of The Whole Council. - Carried. BY-LAWS Moved by Councillor Habkirk Seconded by Councillor Walters THAT By-Law No. 99-22 "Being a By-Law to Authorize the Temporary Closure of a Portion of County Road #8 (Currie Road) in the Municipality of Dutton/Dunwich" be read a first and second time. - Carried. Moved by Councillor Stewart Seconded by Councillor McPhail THAT By-Law No. 99-22 be read a third time and finally passed. - Carried. Moved by Councillor van Kasteren Seconded by Councillor Stewart THAT By-Law No. 99-23 "Being a By-Law to Authorize the Warden and the Chief Administrative Officer to Sign an Agreement for Delivery of Tree Commissioner and Weed Inspector Responsibilities by the Kettle Creek Conservation Authority" be read a first and second time. - Carried. Moved by Councillor Wilson Seconded by Councillor Habkirk THAT By-Law No. 99-23 be read a third time and finally passed. - Carried. County Council 9 June 22, 1999 Moved by Councillor Wilson Seconded by Councillor Stewart THAT By-Law No. 99-24 "A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the June 22nd, 1999 Meeting" be read a first and second time. - Carried. Moved by Councillor Clutterbuck Seconded by Councillor Walters THAT By-Law No. 99-24 be read a third time and finally passed. - Carried. Moved by Councillor McPhail Seconded by Councillor Walters THAT we do now adjourn at 3:53 P.M. to meet again on July 27th at 9:00 AM. - Carried. Mark G. McDonald, Chief Administrative Officer. Rien VanBrenk, Warden.