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December 14, 2000 Minutes COUNTY COUNCIL Tuesday, December 12, 2000 The Elgin County Council met this day at the Administration Building, 450 Sunset Drive, St. Thomas at 7:00 P.M., as required by by-law. The Chief Administrative Officer called the meeting to order and welcomed all in attendance to the Annual Warden's Election. The following members having previously filed Certificates as to Election, took their seats at the Council Table: Rien VanBrenk James R. Mcintyre Dave M. Rock Dennis A Crevits Bob C. Habkirk John R. Wilson Paul Faulds Max H. Stewart Mayor Mayor Mayor Deputy Mayor Mayor Mayor Deputy Mayor Mayor Municipality of DuttonlDunwich Township of Southwold Municipality of Central Elgin Municipality of Central Elgin Town of Aylmer Township of Malahide Township of Malahide Municipality of Bayham. ELECTION OF WARDEN The Chief Administrative Officer asked members of Council wishing to run for the Office of Warden to please stand. Councillors Habkirk and McPhail offered their candidacy for the position of Warden of Elgin County for the Year 2001. Each candidate was then given an opportunity to address Council in alphabetical order. BALLOTING PROCEDURES Ballots were cast and counted in the Warden's Chambers, in the presence of Mr. Don Lemon of Raven & Shaw, County Auditors. RESULTS The Chief Administrative Officer announced that the Warden for Elgin County for the Year 2001 is Duncan J. McPhail, Mayor of the Municipality of West Elgin. Warden McPhail took the Declaration of Office and Oath of Allegiance, administered by the Chief Administrative Officer. The Warden left the room, was gowned and re-entered the Council Chambers, where he was officially presented with the Chain of Office, the Lord Elgin Watch and the Gavel of Office, by Past Warden Rien VanBrenk. Warden McPhail delivered his Inaugural Address to Council, thanked them for their support and outlined the items of interest and importance for consideration in the Year 2001. Moved by Councillor Habkirk Seconded by Councillor VanBrenk THAT the ballots used for the election of the 2001 Warden be destroyed. - Carried. COMMITTEE APPOINTMENTS Moved by Councillor Rock Seconded by Councillor Mcintyre THAT the appointments to Outside Boards and Committees for 2001 be confirmed as follows: County Council 2 December 14, 2000 Dispute Resolution Warden McPhail Councillor Mcintyre Councillor Rock Councillor Faulds Warden McPhail Councillor Mcintyre Councillor Wilson Councillor Rock Councillor Stewart Councillor VanBrenk Councillor Crevits Councillor Habkirk Councillor Stewart; and Elgin County Pioneer Museum Elgin-St. Thomas Health Unit SociallEntertainment Committee St. Thomas-Elgin General Hospital St. Thomas-Elgin Tourist Association Thames Valley District Health Council Tillsonburg District Memorial Hospital THAT the Councillors appointed to the Thames Valley District Health Council and the Elgin-St. Thomas Health Unit be permitted to accept per diems for these appointments, in addition to their monthly stipend. - Carried. OTHER BUSINESS Warden McPhail invited all those in attendance to the Warden's Reception, following recess, to be held in the County Administration Building lower level. Moved by Councillor Habkirk Seconded by Councillor Stewart THAT we do now recess (7:35 P.M.) to meet again on December 14th, 2000 at 9:00 AM. - Carried. COUNTY COUNCIL Thursday, December 14, 2000 The Elgin County Council met this day at the Administration Building, at 9:10 AM., in accordance with the recess from the December 1 ih meeting with all members present. Warden McPhail in the Chair. Moved by Councillor Habkirk Seconded by Councillor Rock THAT the minutes of the meeting held on November 28, 2000 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - None. Moved by Councillor Wilson Seconded by Councillor Stewart THAT we do now move into Committee of the Whole Council. - Carried. County Council 3 December 14, 2000 COUNCIL AND STAFF REPORTS Temporary Road Closures - ManaQer of EnQineerinQ Services Councillors questioned the need for the high rate of insurance for this type of activity. The Manager of Engineering Services indicated that the Municipality provides the insurance and the County is named as a co-insured, to protect it from liability issues that may arise. Moved by Councillor Wilson Seconded by Councillor Mcintyre THAT the report from the Manager of Engineering Services on the "Temporary Road Closures" for the year 2000 be received and filed. - Carried. Road ClosinQ - Municipality of DuttonlDunwich - ManaQer of EnQineerinQ Services Moved by Councillor VanBrenk Seconded by Councillor Rock THAT the County of Elgin has no objection to the Municipality of DuttonlDunwich closing the road allowances as follows: . Lot B, Concession 2 and 3, Part #3 on Registered Plan #11 R-7323, geographic location Township of Dunwich, Municipality of Dutton/Dunwich. . Lot B, Concession 3, Part #1 on Registered Plan #11 R-7370, geographic location Township of Dunwich, Municipality of Dutton/Dunwich. - Carried. KinQ GeorQe Lift BridQe in Port Stanley - ManaQer of EnQineerinQ Services The Manager of Engineering Services reported that reports have just been received from Central Elgin's consultant. The report was deferred to allow staff to review the documents and to prepare a new report which will include how the cost will be split. Moved by Councillor VanBrenk Seconded by Councillor Rock THAT the King George Lift Bridge in Port Stanley report be deferred until Engineering staff has time to review inspection documents received from Central Elgin's consultant. - Carried. Intersection Safety Improvements - Centennial Road (EIQin Road #28) at Elm Line (EIQin Road #56) - Technical Services Officer The Technical Services Officer reported that the contractors who bid are able to complete the entire scope of necessary work which most likely will not be completed until March due to time needed to order materials. Construction will allow for additional wiring for another flashing beacon to be installed ahead of the stop, if needed in the future. Moved by Councillor Rock Seconded by Councillor Wilson THAT DevGroup Limited's quotation of $24,885.00 plus G.S.T. be accepted to supply and complete the installation of roadway illumination and flashing beacons at the intersection of Elm Line (County Road #56) and Centennial Road #28) to increase the observance of the stop condition. - Carried. County Council 4 December 14, 2000 Ontario Small Town and Rural Development (OSTAR) Infrastructure ProQram- Technical Services Officer The Technical Services Officer reported that the Secretariat for OSTAR indicated that the County's business case could be weakened if both north and south Vienna bridges are included in the Letter of Intent for funding. Staff indicated that both bridges are a health and safety issue, which is slated to receive first consideration by the Secretariat. The Manager of Engineering Services and the Technical Services Officer outlined the history and status of the Vienna Bridges for the benefit of the new Councillors. Moved by Councillor VanBrenk Seconded by Councillor Stewart WHEREAS the Council of the Corporation of the County of Elgin has received and considered the Ontario Small Town and Rural Development (OSTAR) Infrastructure Program Application Guidebook; and, WHEREAS Council has assessed the capital priorities of the County of Elgin against the requirements, as set out in the OSTAR Infrastructure Program Application Guidebook; and, WHEREAS Council considers the Vienna South and Vienna North Bridges Rehabilitation Project described in the application for Round 1 OSTAR to be its highest public health and safety priority; and, WHEREAS Council has reviewed and considers the application to be complete and accurate; NOW THEREFORE, Council endorses and directs staff to submit the application to the Ontario Superbuild Corporation by January 31, 2001. - Carried. ExpansionlEnhancement of Adult Day ProQram - Director of Homes and Senior Services The Director of Homes and Senior Services reported that the additional staff person would be paid 100% by the Province. Moved by Councillor Habkirk Seconded by Councillor Wilson THAT the Director of Homes and Senior Services and the Director of Human Resources commence the recruitment procedure for the following position: One part-time Activation Staff for Terrace Lodge Adult Day Program. - Carried. Surplus Furniture - Terrace LodQe - Director of Homes and Senior Services The new dining room furniture has been installed and County departments have indicated they have no interest in the old furniture. Moved by Councillor Habkirk Seconded by Councillor Mcintyre THAT the Director of Homes and Senior Services be authorized to advertise for public bid the surplus tables and chairs at Terrace Lodge. - Carried. County Council 5 December 14, 2000 Fax Machines - Director of Financial Services The report presented by the Director of Financial Services concerning the fax machines that have been supplied to County Councillors offered two options for Council's consideration. Moved by Councillor Habkirk Seconded by Councillor VanBrenk THAT the County fax machines used by retiring Councillors be returned to the County for distribution to new Councillors. - Carried. Administrative Services Only Short-Term Disability Notice of Termination - Director of Human Resources The Director of Human Resources reported that the County's benefit consultants have reviewed and recommended a new carrier due to the cancellation of coverage by the current carrier. Moved by Councillor Rock Seconded by Councillor Habkirk THAT Elgin County Council approve Manulife Financial as the carrier for our Weekly Indemnity (Short-Term Disability) a rate of $0.81 for each $10.00 of benefit coverage, effective January 1, 2001. - Carried. Appeal to the Workplace Safety and Insurance Board to Transfer Homes for Seniors to Schedule Two from Schedule One (Heath Benefits ConsultinQ) - Director of Human Resources The Director of Human Resources advised that the appeal is still ongoing and if upheld could be a savings of approximately two years of premiums. Moved by Councillor Habkirk Seconded by Councillor Mcintyre THAT the report from the Director of Human Resources on Appeal to Workplace and Insurance Board to Transfer Homes for Seniors to Schedule Two from Schedule One (Heath Benefits Consulting) be received and filed. - Carried. Code 1 & 2 (Non-EmerQency Transfer) Restrictions - EmerQency Measures Co- Ordinator The Emergency Measures Co-Ordinator reported that decisions can be made regarding non-emergency transfers once the Ambulance take-over of January 1, 2001 has occurred. Council consensus was to look after our own municipalities and make sure our residents are serviced to the best of our ability and that we should not be subsidizing neighbouring municipalities' inter-municipal transfers. The Co-ordinator indicated that the Paramedics will be monitoring and reporting on discrepancies. County Council 6 December 14, 2000 Moved by Councillor Wilson Seconded by Councillor Faulds THAT the Council of the County of Elgin encourage CACC to implement a local policy limiting the non-emergency transfer calls to: · Patients Originating in Elgin or St. Thomas, · Patients returning to Elgin or St. Thomas, · A returning vehicle reassignment heading in the general direction of Elgin County, providing balanced coverage in ElginlSt. Thomas is not jeopardized; and, THAT this local policy be monitored and reviewed, as amended, and staff report to Council in six months' time. - Carried. Council took a break at 10:20 AM. and reconvened at 10:38 AM. The Benefits Co-ordinator attended at 10:38 AM. and advised Council that United Way contributions from Council, Staff and others amounted to over $7,500.00. The Warden and Members of Council participated in a draw for prizes and days off for staff with pay. The draws were made, winners announced, and the Co-ordinator left at 10:47 AM. DELEGATION Mr. Charles Fitzsimmons attended at 10:38 AM. to present the report entitled "STEPS Funding 2001 and Beyond". Mr. Fitzsimmons reported that additional one-time funds have been pledged but ongoing funding has to be established to keep the program running. A comprehensive recommendation covering all contingencies was explained to Council and eventually supported. Moved by Councillor Rock Seconded by Councillor VanBrenk THAT the STEPS program be extended until June 30th, 2001 at a cost not to exceed $65,000.00; THAT one-time funding from the Ministry of Health and other agencies be used to fund the program during this six-month extension; THAT the County and the City each agree to contribute $10,000.00 to the program with the understanding that should the Ministry of Health refuse to provide interim assistance for the six-month period, these municipal funds will be used to "wind down" the STEPS program by February 28th, 2001; THAT if these municipal funds or a portion thereof are not required because sufficient funding is available for other sources, then the County and the City would be granted a credit in proportion to their contribution; THAT all transitional administrative support costs be deferred until the Ministry of Health's final position on funding is known; THAT each of the potential contributing agencies confirm in writing their level of financial commitment prior to February 1 S\ 2001 in order to assess the level of support for the program; and, THAT a position paper be developed for adoption by County and City Councils, for presentation to the Minister of Health which would highlight the rationale for ongoing financial assistance from the Ministry for the STEPS program according to the attached funding model; and further, County Council 7 December 14, 2000 THAT Councillor Habkirk and Alderman Crosby, the elected representatives involved in the STEPS program, be authorized and directed to request one-time funding assistance from the Ministry of Health in the amount of $50,000.00; and, THAT the City of St. Thomas continue to administer the STEPS program until such time as it is transferred to ECCAC or VON administration, or the service comes to an end. - Carried. The delegation left at 11:40 AM. CORRESPONDENCE Items for Consideration 1. John Hastings, Parliamentary Assistant, Ministry of Transportation, responding to Council's concerns for funding of municipal roads improvement, notably Wellington Road and Highbury Avenue and erosion along the Lake Erie shoreline. 2. Leonard Mason, Ontario Public Service Employees Union, regarding Privatization of Ontario's Correctional Services. 3. Mayor James Taylor, County of Prince Edward, with a resolution concerning the need for a third party review of Nutrient Management Plans by OMAFRA due to the impact of the expansion of large, intensive livestock operations on the environment. 4. Valerie J. Przybilla, Clerk-Treasurer, Township of Howick, with a resolution petitioning the Ministry of the Environment to provide 100% funding for testing, inspections and reports that are required under Water Regulation 459/00. 5. Kettle Creek Conservation Authority, with a nomination form for the KCCA Conservation Stewardship Award. 6. Michael M. Lerner, Lerner & Associations, requesting support for and County participation in the FUNdraising Friday for Jesse's Journey on Friday, April 6, 2001. 7. Steve Peters, M.P.P., Elgin-Middlesex-London, with information on the Canadian Heritage Fund grants for community heritage projects. 8. Denis Merrall, Director, Transportation and Emergency Services, County of Middlesex, concerning the cost to the municipality to review Green Lane Landfill's current environmental assessment so soon after the previous assessment and the need to add intervenor funding to the draft Terms of Reference. The following recommendation was adopted respecting Correspondence Item #1 : Following discussion, Council consensus was that Steve Peters, M.P.P. and Gar Knutson, M.P. be asked to attend a future meeting to discuss this matter and how best to proceed. Moved by Councillor VanBrenk Seconded by Councillor Faulds THAT Correspondence Item #1 from John Hastings, Parliamentary Assistant to the Minister of Transportation regarding lakeshore erosion be referred to the local M.P. and M.P.P., for discussion at a future Council meeting. - Carried. The following recommendation was adopted respecting Correspondence Item #8: Concern was expressed that the intervenor funding may be abused by some. Staff was instructed to investigate the amount that may be required for intervenor funding and report to a future meeting. County Council 8 December 14, 2000 Moved by Councillor Habkirk Seconded by Councillor Rock THAT the Council of the County of Elgin supports, in principle, the Municipality of Middlesex's request to amend the draft Terms of Reference for the optimization of Green Lane Landfill to include intervenor funding for municipalities and other stakeholders to cover the cost of representation at environmental assessment projects. - Carried. The following recommendation was adopted respecting Correspondence Item #3: Moved by Councillor Mcintyre Seconded by Councillor Wilson THAT the Council of the County of Elgin supports the resolution from the County of Prince Edward requesting that the Province of Ontario continue to provide Third Party Review of Agricultural Nutrient Management Plans by the Ministry of Agriculture, Food and Rural Affairs, free of charge, as an ongoing responsibility in its mandate. - Carried. The following recommendation was adopted respecting Correspondence Item #4: Moved by Councillor Rock Seconded by Councillor Stewart THAT the Council of the County of Elgin supports the resolution from the Township of Howick petitioning the Ministry of the Environment to provide 100% funding for additional testing, inspections and reports required under Regulation 459/00. - Carried. The following recommendation was adopted respecting Correspondence Item #2: Moved by Councillor Habkirk Seconded by Councillor Rock THAT the Council of the County of Elgin supports the resolution of the Ontario Public Service Employees Union concerning the Privatization of Ontario's Correctional Services. - Carried. The following recommendation was adopted respecting Correspondence Item #6: Moved by Councillor Habkirk Seconded by Councillor Rock THAT the Corporation of the County of Elgin supports, in principle, the FUNdraising Friday for Jesse's Journey on April 6th, 2001. - Carried. Moved by Councillor Habkirk Seconded by Councillor Mcintyre THAT Correspondence Items #5 and 7 be received and filed. - Carried. County Council 9 December 14, 2000 Items for Information (Consent AQenda) 1. Joanne Brooks, thanking the Warden, County Council and staff for the gift of a set of County glasses at her farewell reception. 2. John Godin, President and Chief Executive Officer, Frank Cowan Company Limited, with a Cowan Public Entity Bulletin concerning the Municipality of Brockton's application regarding choice of defence counsel and reimbursement of expenditures. 3. Association of Municipalities of Ontario, Member Communication "ALERT" and "For Your Information": 1) Government Unveils its Exit Strategy to Bill 79 2) AMO Calls on Province for Long-Term Financial Protection Against Social Housing Risk. 3) AMO Sends Letter to Environment Minister on Communications Concerns 4. D.R. Ostrom, Superintendent Commander, Ontario Provincial Police, Municipal Policing Bureau, concerning the estimated 2001 Policing Costs - Ontario Provincial Police. 5. Association of Municipalities of Ontario, with registration for "Councillor Training" Challenges for the 2001-2003 Term. 6. John Maddox, Municipal Services Office - Southwestern, Ministry of Municipal Affairs and Housing, with a memo introducing new staff members. 7. The Honourable Dan Newman, Minister of the Environment, acknowledging Council's support for the City of Windsor's resolution concerning transportation of Toronto's waste to a landfill site in Michigan. 8. The Honourable Ernie Eves, Minister of Finance, acknowledging Council's support for the Town of Cobalt's resolution concerning education payments made by the Province to school boards on behalf of municipalities in 1999. Moved by Councillor Habkirk Seconded by Councillor VanBrenk THAT Correspondence Items #1-8 be received and filed. - Carried. Moved by Councillor Habkirk Seconded by Councillor VanBrenk THAT the report from the Director of Financial Services on Budget Comparisons to October 31,2000 be received and filed. - Carried. OTHER BUSINESS StatementsllnQuiries by Members - None. Notice of Motion - None. Matters of UrQency - None. Mr. Albert Ford and Members of the Elgin County Land Division Committee were in attendance and Warden McPhail presented a recognition gift to Mr. Ford on his retirement from the Committee. Mr. Ford thanked Council for the gift and kind words. Warden County Council 10 December 14, 2000 McPhail introduced the Land Division members in the audience and invited the members to lunch with Council. Council recessed for lunch at 12:04 and reconvened at 1: 18 P.M. Moved by Councillor VanBrenk Seconded by Councillor Crevits THAT we proceed In-Camera to discuss legal and personnel matters. - Carried. Mr. Paul Vanderwyst and Mr. H. Geurts, Tree Commissioner, were in attendance to discuss a legal matter and were then excused. Moved by Councillor VanBrenk Seconded by Councillor Mcintyre THAT we do now rise and report. - Carried. Moved by Councillor Habkirk Seconded by Councillor VanBrenk THAT the reports from the Elgin County Tree Commissioner, regarding law enforcement matters in Malahide and Southwold, dated December 6,2000 be received and filed. - Carried. Moved by Councillor Rock Seconded by Councillor Habkirk THAT the County of Elgin approve a grant in the amount of $6,500.00 for the Infrastructure Plan of the Connect Ontario project; and, THAT the funds be expensed to the Information Technologies Reserve. - Carried. Moved by Councillor Habkirk Seconded by Councillor Stewart THAT County Council assume the responsibility of maintaining the downloaded Provincial severance fund for operators and employees of the ambulance services and the funding for this be through the accrual method, included annually in the Ambulance Budget. - Carried. Moved by Councillor Faulds Seconded by Councillor Crevits THAT County Council create a regular full-time Archivist position at the County. - Carried. Moved by Councillor Wilson Seconded by Councillor Stewart THAT the Warden and Councillors' remuneration be based on the provincial rate of inflation as determined in September each year and be adjusted automatically on an annual basis; and, County Council 11 December 14, 2000 THAT, in keeping with the provincial rate of inflation, the increase be 1.9% for 2000 and 2.8% for the year 2001. - Carried. Moved by Councillor VanBrenk Seconded by Councillor Stewart THAT the non-union inflationary increase for the Years 2001 and 2002 be set at 3% per year; and, THAT the increase be effective the first pay of the respective years; and, THAT the necessary by-law be prepared. - Carried. Moved by Councillor Faulds Seconded by Councillor Mcintyre THAT staff be authorized and directed to purchase portable shredders for members of Council to dispose of confidential and other materials emanating from Council meetings. - Carried. Moved by Councillor VanBrenk Seconded by Councillor Habkirk THAT we adopt the recommendations of Committee Of The Whole Council. - Carried. BY-LAWS Moved by Councillor Habkirk Seconded by Councillor Faulds THAT By-Law No. 00-28 "Being a By-Law to Authorize the Warden and the Treasurer to Borrow Up to the Sum of Fifteen Million Dollars" be read a first and second time. - Carried. Moved by Councillor Rock Seconded by Councillor Stewart THAT By-Law No. 00-28 be read a third time and finally passed. - Carried. Moved by Councillor Stewart Seconded by Councillor Crevits THAT By-Law No. 00-29 "A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the December 14th, 2000 Meeting" be read a first and second time. - Carried. County Council 12 December 14, 2000 Moved by Councillor VanBrenk Seconded by Councillor Wilson THAT By-Law No. 00-29 be read a third time and finally passed. - Carried. Moved by Councillor Mcintyre Seconded by Councillor VanBrenk That we do now adjourn at 4: 1 0 P.M. to meet again on January 23rd, 2001. - Carried. Mark G. McDonald, Chief Administrative Officer. Duncan J. McPhail, Warden.