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June 27, 2000 Minutes COUNTY COUNCIL Tuesday, June 27, 2000 The Elgin County Council met this day at the Administration Building at 9:07 AM., in accordance with adjournment, with all members in attendance except Councillor Rock (arrived at 9:10 AM.) Also attending: J.D. Huether, Deputy Treasurer and Paul Vandenberg, Human Resources Officer. Warden McPhail in the Chair. Moved by Councillor VanBrenk Seconded by Councillor Walters THAT the minutes of the meeting held on June 13, 2000 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF- None. PRESENTATIONS Warden McPhail and Councillors VanBrenk and Clutterbuck presented Employee Retirement Certificates, Long Service Awards and gifts to: RETIREMENTS Marilyn J. Van Daele Suzanne J. Nemett 25 years (full-time) 21 years (part-time) LIBRARY SERVICES Marilyn J. Van Daele Carol A Smetheram 25 years (full-time) 20 years (part-time) HOMES & SENIORS SERVICES Lise D. Jones Vera Vachon Barbara G. Vaughan Mary M. Young Christine P. Symms 20 years (full-time) 20 years (full-time) 20 years (full-time) 20 years (full-time) 20 years (part-time) Claire LaBonte Linda L. McCann Venna J. West 15 years (full-time) 15 years (full-time) 15 years (part-time) Stewart A Burberry Richard J. Hiddink Kelly Carr Patty Wilson 10 years (full-time) 10 years (full-time) 10 years (part-time) 10 years (part-time) FINANCIAL SERVICES Jo-Anne Thomas 15 years (full-time) Moved by Councillor Habkirk Seconded by Councillor van Kasteren THAT we do now move into Committee Of The Whole Council. Library (Main Branch) Library (Port Stanley Branch) Library (Main Branch) Library (Port Stanley) Terrace Lodge Elgin Manor Elgin Manor Elgin Manor Elgin Manor Elgin Manor Bobier Villa Elgin Manor Elgin Manor Elgin Manor Terrace Lodge Elgin Manor Financial Services - Carried. County Council 2 June 27, 2000 COUNCIL AND STAFF REPORTS RearranQement of Port Stanley and Shedden Libraries' Open Hours - ManaQer of Library Services Moved by Councillor VanBrenk Seconded by Councillor Walters THAT the Shedden Library staff be permitted to rearrange their current open hours on Friday to 10:00 AM.-5:00 P.M., with no increase in hours or budgetary impact: and, THAT the Port Stanley Library staff be permitted to rearrange their current open hours on Saturday to 9:00 AM.-1 :00 P.M., with no increase in hours or budgetary impact; and, THAT the changes be implemented as soon as possible. - Carried. Bayham Township Library - New Furnace - ManaQer of Library Services Moved by Councillor VanBrenk Seconded by Councillor Stewart THAT the Manager of Library Services be authorized to pay the sum of $5,440.95 to the Municipality of Bayham for the installation of a new heating and air-conditioning unit in the Bayham Township Library; and, THAT the amount be paid out of the Mill Rate Stabilization Fund. - Carried. Replacement of ExistinQ SiQn at Administration BuildinQ - ManaQer of EnQineerinQ Services The Manager of Engineering Services reported that the current Administration Building signage is nearing capacity and additional sign space will be needed for any incoming tenants. Council requested that Mr. Watters investigate the possibility of a long-term lease for signage and suggested that a separate sign designating 450 Sunset Drive as the "Elgin County Administration Building" is needed for better visibility from the highway. The Manager of Engineering Services will investigate these suggestions and report further. Moved by Councillor Wilson Seconded by Councillor VanBrenk THAT the report from the Manager of Engineering Services on the Replacement of the Existing Sign at the Administration Building be deferred pending further information. - Carried. St. GeorQe Street BridQe Deck Rehabilitation - ManaQer of EnQineerinQ Services The Manager of Engineering Services reported that he is waiting for the City of St. Thomas' response to Option #2. Council discussed the high volume of traffic involved, due to Cowan Park soccer activities, and the possibility of moving the start date in Option #2 up one week in order not to disrupt school bus routes once school resumes in September. Moved by Councillor Habkirk Seconded by Councillor Clutterbuck THAT Theo Vandenberk Construction Inc. be awarded Contract No. 2000-07, the St. George Street Bridge Deck Rehabilitation for the total tendered price of $168,198.65; and, THAT the contractor be allowed to close the bridge to traffic from August 14, 2000 unti I September 8,2000, as outlined in the Tender under Option #2; and, THAT the Warden and the Chief Administrative Officer be directed and authorized to sign the contract once a written acceptance has been received by the City of St. Thomas. - Carried. County Council 3 June 27, 2000 Trans Canada Trail AQreement - ManaQer of EnQineerinQ Services A formal agreement is required by August 31, 2000, designating and registering sections of the Elgin County Road system as portions of the Trans Canada Trail. Moved by Councillor Walters Seconded by Councillor Habkirk THAT a formal maintenance agreement for sections of Elgin County Roads designated as portions of the Trans Canada Trail be addressed in conjunction and within the proposed maintenance agreement for County Roads and be completed and executed before the Trail is officially opened in September 2000; and, THAT the County Chief Administrative Officer be authorized to register the proposed sections of Elgin County Roads listed in Schedule 'A' as sections of the Trans Canada Trail. - Carried. Topsoil and Sod Restoration on Centennial Road - ManaQer of EnQineerinQ Services The Manager of Engineering Services advised that no response was received to requests for quotations sent out and, therefore, an advertisement will be placed in the Free Press to attract bidders. Councillor Walters advised that calls from several residents regarding flooded culverts and catch basins had been received and that every effort should be made to speed up the completion of the work as soon as possible. Moved by Councillor Habkirk Seconded by Councillor Walters THAT the Engineering Services Department be authorized to advertise for quotations to complete a topsoil and sod restoration of the shoulder roundings of Centennial Road; and, THAT to expedite the process once bids are received, that the lowest bid be accepted and awarded upon approval of the Warden and the County Chief Administrative Officer. - Carried. Crack SealinQ County Roads - ManaQer of EnQineerinQ Services Council consensus was that the Ministry of Transportation should be notified in regard to the cracking road surfaces on several highways downloaded by the Province onto municipalities. A discussion ensued on why the roads resurfaced by MTO prior to downloading are now deteriorating. Staff was directed to invoice the MTO to receive funding to help with the cost of repairing the obviously temporary short-gap process applied by the Ministry. Moved by Councillor Walters Seconded by Councillor Wilson THAT the quoted price of $23,600.00 plus GST, submitted by Niagara Crack Sealing be accepted to complete pavement crack sealing operations on County Road #119 (Mill Road), #30 (Highbury Avenue) and #73 (Imperial Road) north of Aylmer. - Carried. DELEGATION Tender Evaluations - EIQin Manor SewaQe System - Chief Administrative Officer Mr. Hisham Slim, P. Eng., of Dillon Consulting Limited, was present to answer questions from Council. Mr. Slim recommended to Council that it would be a good idea to contact the Ministry and invite them to be involved when the final decision is made, to ensure that the Ministry knows their input was taken into consideration. He advised that the Ministry will accept Schedule A or B for a private facility and if Schedule C is chosen and an environmental impact study is necessary, it would take three to six months to do. County Council 4 June 27, 2000 Moved by Councillor VanBrenk Seconded by Councillor Rock THAT SaniTech Communal Systems Incorporated be awarded the contract for the design/build of a small packaged sewage treatment plant and the decommissioning of the lagoon system at Elgin Manor, in the total amount not to exceed $547,463.00 plus applicable taxes, in compliance with the instructions to bidders as modified by Dillon Consulting Ltd.; and, THAT an allowance of $20,000.00 be set aside to retain an engineering firm to provide "on-site" inspections, review drawings and supervise start up procedures. - Carried. Council took a break and reconvened at 10: 17 AM. EstablishinQ A Police Services Board - Chief Administrative Officer The Chief Administrative Officer advised that Appendices are attached to the report for completion by the Lower-Tier. Bayham Township faxed a resolution with their nomination. Councillor Habkirk refrained from participating and voting on the discussion, since the Town of Aylmer has its own police force. Warden McPhail questioned whether a newspaper ad should be placed regarding Appendix A - #3 - a community member representing Southwold, Dutton/Dunwich and West Elgin, and a recommendation be brought back after interviewing all responses. Moved by Councillor van Kasteren Seconded by Councillor Walters THAT the Township of Malahide nominates John Wilson to be appointed to the Police Services Board, known as the Elgin Group. - Carried. Moved by Councillor Rock Seconded by Councillor VanBrenk THAT the Municipality of Central Elgin nominates Bill Walters to be appointed to the Police Services Board, known as the Elgin Group. - Carried. Moved by Councillor VanBrenk Seconded by Councillor Rock THAT the Council for the County of Elgin supports the nomination of Bill Walters as the Municipality of Central Elgin's appointment and John Wilson as the Township of Malahide's appointment to the Police Services Board - Elgin Group. - Carried. Moved by Councillor Clutterbuck Seconded by Councillor VanBrenk THAT a newspaper advertisement be placed to fill the appointment for the community member of the Police Services Board with preference given to the residents of Southwold, Dutton/Dunwich and West Elgin. - Carried. The Chief Administrative Officer will prepare an advertisement to be placed in the newspaper, requesting interest in the appointment of a representative for Southwold, Dutton/Dunwich and West Elgin, and possible future appointments to the Board from across the County. County Council 5 June 27, 2000 Moved by Councillor Rock Seconded by Councillor van Kasteren THAT Warden McPhail and Councillors Walters and Wilson form a selection committee to review, select and recommend a community member to the Police Services Board. - Carried. Moved by Councillor Clutterbuck Seconded by Councillor Stewart THAT the Chief Administrative Officer's report "Establishing A Police Services Board" be approved. - Carried. Council suggested that the newly formed Police Services Board should recommend the length of appointment and a rotation of members before the end of 2000. Councillor Habkirk called a 'Point of Order' to advise that the Provincial appointee is the only one that can overlap. Council appointees end their term when Council changes. Moved by Councillor van Kasteren Seconded by Councillor Walters THAT the Municipality of Bayham's correspondence containing a nomination to the Police Services Board - Elgin Group be received and filed. - Carried. Township of Malahide - Province Wide SmokinQ Policy Councillor van Kasteren discussed the Township of Malahide's correspondence to AMO concerning the resolution regarding the "Province Wide Smoking Policy". Moved by Councillor Habkirk Seconded by Councillor Stewart THAT the Council of the County of Elgin does not support the resolution on the Province- wide Smoking Policy to be presented at the AMO Conference in August 2000, and supports the Township of Malahide's position on this matter. - Carried Unanimously. Reports Deferred from June 13. 2000 MeetinQ Councillor Habkirk read a statement outlining his concerns on how County Council deals with issues and reports presented by staff. Warden McPhail requested that each member of Council receive a copy of this statement, in order to review the information presented. Moved by Councillor van Kasteren Seconded by Councillor VanBrenk THAT the deferred reports from the June 13, 2000 Council and Councillor Habkirk's written comments be deferred for discussion at the next Council meeting. - Carried. DELEGATIONS Connect Ontario Notice of Intent Mrs. Donna Lunn, Elgin Community Development Corporation, and Ms. Suzanne Edwards, County IT Department, arrived at 11 :00 AM. to answer questions from Council regarding the Connect Ontario 'Notice of Intent'. Mrs. Lunn thanked Council for their assistance with this initiative, and local municipalities for their dialogue, which helped with the development of the application. County Council 6 June 27, 2000 Moved by Councillor Habkirk Seconded by Councillor Clutterbuck THAT the Council of the Corporation of the County of Elgin supports in principle the letter of intent by Elgin Community Development Corporation (ECDC) to access funds from Connect Ontario to develop a network of smart communities and partnership in Elgin and St. Thomas; and, THAT a full report and application detailing all costs and commitments be prepared for consideration by all potential funding partners. - Carried. The delegation left at 11 :09 AM. Dr. HertwiQ - EIQin-St. Thomas Health Unit Dr. Hertwig and a delegation from the Health Unit arrived at 11 :10 AM. Warden McPhail introduced Ms. Cynthia St. John, the new Elgin-St. Thomas Health Unit Administrator, to Council. Dr. Hertwig thanked Council for the opportunity to speak regarding the water system contamination at the St. Thomas Psychiatric Hospital. She updated Council on the situation and advised that the incubation period for the E.coli virus has passed. Dr. Hertwig will have a full report for the County as soon as possible. Council commended Dr. Hertwig and the Health Unit for the quick action and successful operation to contain the contamination. A letter of appreciation will be sent to the Board of Health, Dr. Hertwig, and staff, for a job well done. The delegation was invited to have lunch with Council. Mel Mekinda - EIQin Manor Rebuild Mr. Mel Mekinda, Mekinda Snyder Partnership Inc., arrived at 11 :25 AM. to address Council on the building plans for the new Elgin Manor and to answer any questions. He indicated the preliminary drawings are very flexible at this time. A key consideration is linking of the existing Manor, if and when it becomes a senior citizen facility for the more independent elderly. The construction could start next year on the new facility, depending on approvals from the Ministry and decisions on the budget. The report from the Director of Financial Services "Elgin Manor Re-Build" was also discussed. Mr. Mekinda was invited to have lunch with Council. Moved by Councillor Habkirk Seconded by Councillor Walters THAT Council agrees in principle with the preliminary estimates for the rebuild of Elgin Manor; and, THAT the Building Committee be authorized to proceed with planning the new building based on those estimates; and THAT the building budget, including furnishings, equipment, architect fees, legal, surveying, land acquisition, and lot servicing, be set at an upset limit of $12.3M. - Carried. Council recessed at 12:00 P.M. and reconvened at 1:40 P.M. Council pictures were taken at the site of the original County Court House on Wellington Street in St. Thomas. Absent - Councillor van Kasteren (returned at 2:25 P.M.) CORRESPONDENCE - Items for Consideration 1. Linda Andrew, Clerk, Township of Ashfield, Province-Wide Moratorium on Liquid Manure Facilities. County Council 7 June 27, 2000 2. Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs, acknowledging Council's support of Chatham-Kent's resolution regarding the drainage program review. 3. James Knight, Executive Director, Federation of Canadian Municipalities, regarding nominations for a Technology in Government Week Distinction Award 2000. 4. Lois Warden, Program Supervisor, Children's Programs and Tom McCallum, Executive Director, Elgin Association for Community Living, requesting the County's support for the development and delivery of resources for children with developmental disabilities and their families. 5. Paul Courey, Solicitor, Raphael Partners, with a response to the Department of Justice' legal opinion on the relationship of Fisheries to the Drainage Act. Moved by Councillor Rock Seconded by Councillor VanBrenk THAT Correspondence Item #1 be received and filed. - Carried. Moved by Councillor Walters Seconded by Councillor VanBrenk THAT Correspondence Item #2 be received and filed. - Carried. Moved by Councillor Habkirk Seconded by Councillor Walters THAT Correspondence Item #3 be received and filed. - Carried. Moved by Councillor Habkirk Seconded by Councillor Rock THAT Correspondence Item #4 be received and filed. - Carried. Moved by Councillor Rock Seconded by Councillor Habkirk THAT the legal opinion from Mr. Paul Courey, Solicitor, Raphael Partners, dated June 27, 2000, regarding Fisheries and the Drainage Act be approved and circulated. - Carried. CORRESPONDENCE - Items for Information - (Consent AQenda) 1. AMO Member Communications 1) Land Ambulance Funding Update; 2) AMO Acts to Protect Ontario's Water; 3) AMO Responds to Media Reports of Government Action on Electricity and Privatization of Municipal Services. 2. Bill Bowick, President, Ontario Trails Council, with a copy of the Consolidated Provincial Trails Policy. 3. Diana Summers, Manager of Policy and Research, Ontario Good Roads Association, regarding Council's resolution requesting reinstatement of suburban roads commissions. 4. J.L. Oliver, General Manager, Long Point Region Conservation Authority, re: Ministry of the Environment to establish a provincial groundwater monitoring network. County Council 8 June 27, 2000 5. AMO, Preliminary Program for AMO Annual Conference August 13-16,2000, Ottawa. Councillor Habkirk recommended that a brief be prepared for presentation to the Minister of Transportation at the AMO Conference, regarding funding the relocation of County Road #42 near the lakeshore erosion in Bayham, and other road-related matters. The Manager of Engineering Services will prepare a brief for Council's consideration. Moved by Councillor Rock Seconded by Councillor Walters THAT Correspondence Items #1-5 be received and filed. - Carried. OTHER BUSINESS Statement/InQuiries By Members - None. Notice of Motion - None. Matters of UrQency - None. Moved by Councillor Habkirk Seconded by Councillor Rock THAT we do now proceed In-Camera to discuss personnel and legal matters. - Carried. Moved by Councillor VanBrenk Seconded by Councillor Habkirk THAT we do now rise and report. - Carried. Moved by Councillor Walters Seconded by Councillor VanBrenk THAT the County of Elgin employ two contract workers, each for four months, during the 2000 construction season. - Carried. Moved by Councillor Walters Seconded by Councillor VanBrenk THAT the County of Elgin agrees to fund up to $450,000.00 towards the construction of the waterline from Fingal to Elgin Manor; and, THAT the Township of Southwold be requested to prepare the necessary agreement for consideration by Elgin County Council. - Carried. Moved by Councillor Walters Seconded by Councillor Wilson THAT the Council of the County of Elgin formally acknowledge and recognize the efforts of Dr. Sharon Hertwig in her role as Acting Medical Officer of Health and commend Dr. Hertwig on the manner in which she has managed the water system contamination issue; and, THAT the Warden, on behalf of Council and the citizens of Elgin, express the County's sincere appreciation of the long hours devoted to containing the contamination, the professional manner in which the entire process was managed and the selfless determination of Dr. Hertwig to protect the community while continuing to operate a very busy private medical practice; and, THAT Council show its appreciation in a tangible way to Dr. Hertwig and her family. County Council 9 June 27, 2000 - Carried Unanimously. Moved by Councillor Habkirk Seconded by Councillor VanBrenk THAT we adopt the recommendations of the Committee Of The Whole Council. - Carried. BY-LAWS Moved by Councillor van Kasteren Seconded by Councillor Rock THAT By-Law No. 00-16 "Being a By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the June 27, 2000 Meeting" be read a first and second time. - Carried. Moved by Councillor Habkirk Seconded by Councillor Rock THAT By-Law No. 00-16 be read a third time and finally passed. - Carried. Moved by Councillor VanBrenk Seconded by Councillor Rock THAT we do now adjourn at 2:58 P.M. to meet again on July 25,2000 at 9:00 AM. - Carried. Mark G. McDonald, Chief Administrative Officer. Duncan J. McPhail, Warden.