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March 9, 1999 Minutes COUNTY COUNCIL Tuesday, March 9, 1999 The Elgin County Council met this day at the Administration Building, at 9:02 AM., in accordance with adjournment, with all members present except Warden VanBrenk (on vacation). Deputy Warden Walters in the Chair. Moved by Councillor Habkirk Seconded by Councillor Stewart THAT the minutes of the meetings held on February 16th and 25th, 1999 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - None. Moved by Councillor Rock Seconded by Councillor Clutterbuck THAT we do now move into Committee Of The Whole Council. - Carried. The County Tree Commissioner was in attendance. STAFF REPORTS Land ManaQement AQreement with Kettle Creek Conservation Authority - Deputy Clerk Moved by Councillor Habkirk Seconded by Councillor Wilson THAT the Warden and the Chief Administrative Officer be authorized to sign a Land Management Renewal Agreement with Kettle Creek Conservation Authority to co-manage County-owned forest lands in the Municipality of Central Elgin, and the necessary by-law be prepared. - Carried. Moved by Councillor Rock Seconded by Councillor Stewart THAT we do now move In-Camera to discuss legal matters. - Carried. Moved by Councillor Wilson Seconded by Councillor McPhail THAT we do now rise without reporting. - Carried. The County Tree Commissioner will forward a letter to local drainage contractors reminding them that there is a County Tree By-Law in force and stipulations must be adhered to. County Council 2 March 9, 1999 The Tree Commissioner left at 9:25 AM. Lake Shore Erosion East of Port Burwell - ManaQer of EnQineerinQ Services Councillors discussed methods of erosion control and the Manager of Engineering Services was directed to investigate, test, and report to a future meeting. Moved by Councillor Rock Seconded by Councillor Stewart THAT the Manager of Engineering Services be authorized to spend $30,000.00 per year on repairs associated with gully effect to maintain the existing road; and, THAT the Manager of Engineering Services be authorized to close the road when the top of the bank is within 15 meters of the edge of the road; and THAT load limit restriction signage be posted at the entrances to the section of the roadway approaching the erosion site. - Carried. Oxford Communications Limited - Rental of Radio Tower Space - ManaQer of EnQineerinQ Services Moved by Councillor Wilson Seconded by Councillor Habkirk THAT the Warden and Chief Administrative Officer be authorized to sign an agreement with Oxford Communications for rental of Radio Tower space at the White Station Garage for a five-year period at an annual fee of $1 ,000.00 (plus Goods and Services Tax). - Carried. Road ClosinQs - Municipality of Dutton/Dunwich and Township of Malahide - ManaQer of EnQineerinQ Services Moved by Councillor van Kasteren Seconded by Councillor Habkirk THAT the County of Elgin has no objection to the Municipality of Dutton/Dunwich closing the road allowance between Concessions 11 and 12 in Lots 19 and 20; and, THAT the County of Elgin has no objection to the Township of Malahide closing the road allowance on Concession 1 in Lots 16,17 and 18. - Carried. Pipeline Extension AlonQ County Road #5 - ManaQer of EnQineerinQ Services Clearbeach Resources Inc. currently has an agreement with the County of Elgin and would like to add County Road #5 to the current wording. Moved by Councillor Rock Seconded by Councillor Habkirk THAT the Warden and the Chief Administrative Officer be authorized to sign an agreement with Clearbeach Resources Inc. to include the extension of the gas line north on County Road #5; and, THAT the usual fees of $240.00 per agreement with an annual fee of $105.00 per kilometer be paid by Clearbeach Resources Inc. to the County of Elgin for granting permission to install the pipeline. - Carried. County Council 3 March 9, 1999 HiQhway Transfer Reserve - ManaQer of EnQineerinQ Services Moved by Councillor Wilson Seconded by Councillor Rock THAT the Manager of Engineering Services be authorized to proceed with issuing of tenders for the necessary work required to rehabilitate the Port Bruce bridge deck, with the funds coming from the Highway Transfer Reserve, of an amount not to exceed $250,000.00; and, THAT the report on Highway Transfer Reserve from the Manager of Engineering Services dated February 1, 1999 be deferred; and further, THAT the Manager of Engineering Services, in consultation with the lower-tier road superintendents, report to a future meeting on a Road Rationalization Study of all County Roads. - Carried. Council took a short break at 10:13 AM. and reconvened at 10:23 AM. Structures in Lower-Tiers: ConnectinQ Links in Lower-Tiers: EnQineerinQ Services Capital ProQrams - ManaQer of EnQineerinQ Services Moved by Councillor Habkirk Seconded by Councillor McPhail THAT the report from the Manager of Engineering Services "Structures in Lower-Tiers" be received and filed. - Lost. Moved by Councillor Habkirk Seconded by Councillor Rock THAT the report from the Manager of Engineering Services on "Structures in Lower-Tiers" be referred to the Lower-Tier Municipalities for consideration. - Carried. The Manager of Engineering Services, by use of overheads, detailed the Connecting Links in the Lower-Tier Municipalities. Moved by Councillor Habkirk Seconded by Councillor van Kasteren THAT the report from the Manager of Engineering Services on "Connecting Links in the Lower-Tier" be discussed with the Road Superintendents and referred to the Lower-Tier Municipalities for consideration. - Carried. Capital ProQram - ManaQer of EnQineerinQ Services Mr. Watters outlined maintenance costs on County Roads. Moved by Councillor Habkirk Seconded by Councillor Rock THAT the report from the Manager of Engineering Services on Capital Programs be received and filed. - Carried. County Council 4 March 9, 1999 Consolidated Road Needs - ManaQer of EnQineerinQ Services Moved by Councillor Habkirk Seconded by Councillor Stewart THAT the report from the Manager of Engineering Services "Consolidated Road Needs" be received and filed. - Carried. Bill 99 - ChanQes to Vocational Rehabilitation Under the Workplace Safety and Insurance Board - Director of Human Resources Moved by Councillor Rock Seconded by Councillor Habkirk THAT the offer from the Workplace Safety and Insurance Board to host a seminar on Bill 99 be accepted and County Council strongly recommends that at least one representative, preferably two, from each Municipality be encouraged to attend this session. - Carried. Schedule 2 Administration Fee Increase - Director of Human Resources Moved by Councillor Habkirk Seconded by Councillor van Kasteren THAT the report on Schedule 2 Administration Fee Increase presented by the Director of Human Resources be received and filed. - Carried. International Year of Older Persons - Director of Homes and Senior Services The Director of Homes and Senior Services outlined activities the Homes will be participating in during 1999. Moved by Councillor Habkirk Seconded by Councillor McPhail THAT the report on International Year of Older Persons presented by the Director of Homes and Senior Services be received and filed. - Carried. Volunteer Service Awards - Director of Homes and Senior Services The County Homes has nominated 16 persons to be considered for these Awards. The nominees will be invited to a future Council meeting to receive a letter of appreciation and a County pin. Moved by Councillor Clutterbuck Seconded by Councillor Wilson THAT the report on Volunteer Service Awards as presented by the Director of Homes and Senior Services be received and filed. - Carried. County Council 5 March 9, 1999 Surplus EQuipment - Director of Homes and Senior Services Moved by Councillor Habkirk Seconded by Councillor Wilson THAT the Director of Homes and Senior Services be authorized to advertise the surplus hot food cart for bids from interested parties. - Carried. Land Ambulance Update #1 - EmerQency Measures Co-Ordinator The Emergency Measures Co-Ordinator presented an overview of the status of Land Ambulance Issues and noted that on page 5 of the report, the life expectancy of vehicles should be amended to 150,000-165,000 km for the van and 250,000-270,000 for the box. Discussions are ongoing to develop a mechanism to recuperate costs for responding to calls outside of County boundaries. Moved by Councillor Rock Seconded by Councillor Stewart THAT the report Land Ambulance Update #1 as presented by the Emergency Measures Co-Ordinator be received and filed. - Carried. Purchase of Ambulances - EmerQency Measures Co-Ordinator A review of the ambulance fleet concluded that two new ambulances are needed for the Elgin-St. Thomas area. Moved by Councillor Habkirk Seconded by Councillor McPhail THAT, considering the condition of the fleet, and the Ministry's recommendation to replace two vehicles, staff be directed to negotiate the purchase of two vehicles from the Province of Ontario, taking into consideration the remount program for the Rodney ambulance; and, THAT the City of St. Thomas be encouraged to set aside their share of the cost of these replacements in their 1999 Capital Budget. - Carried. The Emergency Measures Co-Ordinator left at 11: 15 AM. CORRESPONDENCE Items for Consideration 1. W.D. Spencer, C.AO., Town of Keewatin, with a resolution petitioning the government of Ontario to enact legislation which will equalize gas prices across the Province. 2. Cliff Reeds, Mayor, Town of Kearney, with a resolution protesting the minimal sentence given to the perpetrator of an armed robbery, with a copy to the Solicitor General. 3. St. Thomas Times-Journal requesting the County take out an ad in a publication, produced in co-operation with the Elgin Tourist Association, to promote tourism in the County. County Council 6 March 9, 1999 The following recommendation was adopted respecting Correspondence Item #1. Moved by Councillor Wilson Seconded by Councillor Rock THAT the Corporation of the County of Elgin supports the resolution, as amended, from the Town of Keewatin which petitions the Provincial Government to explain why gas prices are so high in their Tri-Municipal area, and to conduct an investigation into the fairness of fuel pricing in northwestern Ontario. - Carried. The following recommendation was adopted respecting Correspondence Item #2. Moved by Councillor van Kasteren Seconded by Councillor Habkirk THAT the Corporation of the County of Elgin supports the resolution from the Town of Kearney objecting to the minimal sentence give to a man who committed armed robbery in the Town of Kearney. - Carried. The following recommendation was adopted respecting Correspondence Item #3. Moved by Councillor McPhail Seconded by Councillor van Kasteren THAT the Corporation of the County of Elgin take out a 1/4 page ad in the publication "Visit and Tour St. Thomas & Elgin County" at a cost of $236.00. - Carried. Items for Information - (Consent AQenda) 1. Wayne Shepherd, President, Enershare Electric, with information concerning municipal ownership of utilities. 2. David Sit, Planner, Provincial Planning Services Branch, Ministry of Municipal Affairs and Housing, advising that he is the new Area Planner for the County of Elgin. 3. The Honourable Ernie Eves, Minister of Finance, advising that the first installment of the 1999 Community Reinvestment Fund (CRF) allocation will be processed during the week of February 8th, 1999. 4. Information and Privacy Commission/Ontario, regarding the "Changes to the Inquiry Process" . 5. Nadir Patel, Departmental Assistant, Office of the Minister of National Revenue, acknowledging Council's resolution concerning Goods and Services Tax on municipal taxes applicable to business tenants. 6. Pierre Tremblay, Executive Assistant, Office of the Minister Responsible for Canada Mortgage and Housing Corporation, regarding Council's resolution concerning the transfer of federal co-operative housing in Ontario. 7. Michael Power, AMO President, with proposed amendments prepared by AMO regarding the Model "Gas" Franchise Agreement. 8. AMO "ALERT" re: Minister of Municipal Affairs and Housing Leach Retires From Public Office. County Council 7 March 9, 1999 9. Michael Power, AMO President, announcing the 1999 AMO Annual Conference. 10. Lower Thames Valley Conservation Authority requesting names of municipal representatives for their Organizational Alternatives Review Committee and notice of meeting on March 11, 1999. Moved by Councillor Habkirk Seconded by Councillor Rock THAT Correspondence Items #1-10 be received and filed. - Carried. OTHER BUSINESS Statements/InQuiries By Members - None. Notice of Motions - None. Matters of UrQency - None. Moved by Councillor Habkirk Seconded by Councillor Wilson THAT we do now proceed "In-Camera" to discuss personnel and legal matters. - Carried. Deputy Warden Walters named Councillor Wilson as Chairman of the Committee Of The Whole Council for the In-Camera portion. The Media was excused from Council Chambers. Council recessed at 12:20 P.M. and reconvened at 1 :12 P.M. The Deputy Clerk was excused at 1:41 P.M. and re-entered Chambers at 2:14 P.M. Moved by Councillor Walters Seconded by Councillor Clutterbuck THAT we do now rise without reporting. - Carried. Moved by Councillor Habkirk Seconded by Councillor van Kasteren THAT we adopt the recommendations of the Committee Of The Whole Council. - Carried. BY-LAWS Moved by Councillor Rock Seconded by Councillor Habkirk THAT By-Law No. 99-7 "A By-Law to Authorize the Warden and the Chief Administrative Officer to Sign a Land Management Agreement with Kettle Creek Conservation Authority be read a first and second time. - Carried. County Council 8 March 9, 1999 Moved by Councillor Clutterbuck Seconded by Councillor Stewart THAT By-Law No. 99-7 be read a third time and finally passed. - Carried. Moved by Councillor Stewart Seconded by Councillor Habkirk THAT By-Law No. 99-8 "A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the March 9th, 1999 Meeting" be read a first and second time. - Carried. Moved by Councillor Wilson Seconded by Councillor McPhail THAT By-Law No. 99-8 be read a third time and finally passed. - Carried. The Chief Administrative Officer reminded Councillors to bring the Budget binders, which had been placed on the desks, to the next meeting. We have not received final Provincial figures and may not receive them until April, which could delay the budget deliberations. Moved by Councillor Habkirk Seconded by Councillor Stewart THAT we do now adjourn at 2:17 P.M. to meet again at 9:00 AM. on March 23,1999. - Carried. Mark G. McDonald, Chief Administrative Officer. Rien VanBrenk Warden.