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March 14, 2000 Minutes COUNTY COUNCIL Tuesday, March 14, 2000 The Elgin County Council met this day at the Administration Building, at 9:02 A.M., in accordance with adjournment, with all members present (Councillor Mcintyre sitting for Councillor Clutterbuck, who is recuperating from surgery). Warden McPhail in the Chair. Moved by Councillor VanBrenk Seconded by Councillor Walters THAT the minutes of the meeting held on February 15, 2000 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - None. Councillor Mcintyre reported that Councillor Clutterbuck is recovering well and is beginning to attend business meetings. The first delegation was not scheduled until 9:30 A.M., however since they were already in attendance, Council consensus was to hear them now. DELEGATIONS Ms. Sylvia Roach, CEO, and staff from the St. Thomas-Elgin YMCA, attended at 9:05 A.M. and presented, by video, the facilities and programs that are available at the YMCA. Ms. Roach reviewed the history of the YMCA in St. Thomas for the past 138 years. A Capital Renewal Campaign was launched on January 26, 2000, "2000-01 People Building People", in an effort to raise $1.2 million for facility updates. The delegation is requesting $100,000.00 pledge from Elgin County as a Leadership Gift and will be requesting an identical pledge from the City of St. Thomas, at a later date. Approximately 10% of dollars raised will be expended for the fund-raising campaign. Warden McPhail thanked the delegation for attending and advised their request would be considered during budget deliberations. The delegation left at 9:49 A.M. Council took a break at 9:50 and reconvened at 10:04 A.M. Mr. John Martyn, and members of the Elgin-St. Thomas Archives Association, attended at 10:04 A.M., to inform Council of their efforts to date, and to solicit capital and operational financial/resource support to establish an Archives. The Association reviewed the need for a professional archivist, governance bodies, materials policy, and projected capital and operating expenditures, as well as outlined the procedure and benefits of establishing an Archives. Councillor Habkirk suggested an Option IV be added, to hire an Archivist on contract to sort out the documents and return them to their rightful owners who already have a proper storage environment. Staff was directed to locate the Spriet report that was completed in 1990 and inform Council of the pros and cons of utilizing the fourth floor as an Archives. Warden McPhail thanked the delegation and indicated their request may be considered in the 2000 budget. The delegation left at 10:30 A.M. Moved by Councillor Rock Seconded by Councillor Mcintyre THAT we do now move into Committee Of The Whole Council. - Carried. County Council 2 March 14, 2000 STAFF REPORTS West Lorne SiQn - ManaQer of Library Services Moved by Councillor VanBrenk Seconded by Councillor Habkirk THAT the Manager of Library Services be given permission to contact Ms. Cathy Grondin of Employment Services Elgin; and, THAT the Elgin County Library be permitted to pay for one half (1/2) of the cost of the sign for the West Lorne Library and West Elgin Support Services in the amount of approximately $2000.00; and, THAT if any maintenance is required for the sign, the cost be shared equally between West Elgin Support Services and the Elgin County Library; and, THAT the County's cost be absorbed through the Library budget. - Carried. Gates Library FundinQ for Ontario Public Libraries - ManaQer of Library Services Ms. Bishop indicated that the Gates Foundation stipulated what libraries would receive funding. Moved by Councillor Habkirk Seconded by Councillor Stewart THAT the Manager of Library Services be permitted to apply for the Gates Library Initiative grants for Aylmer and Port Burwell Libraries with the understanding that there be no cost to the County. - Carried. Vienna Library - RearranQement of Vienna Open Hours - ManaQer of Library Services Councillor Habkirk asked if the change in hours is acceptable to the Bayham Council. Ms. Bishop indicated the statistical information will be forwarded shortly to the Municipality of Bayham for their review. Moved by Councillor Wilson Seconded by Councillor Mcintyre THAT Council approve the change in the Vienna Library "open hours" implemented October 1999. - Carried. Additional Community Access FundinQ - ManaQer of Library Services The Library is requesting approval from Council to apply for this grant. Ms. Bishop indicated the in-kind contribution currently exists, such as equipment, volunteer time, etc. Moved by Councillor Walters Seconded by Councillor van Kasteren THAT the Elgin County Library be permitted to apply for additional Community Access Funding in the amount of $60,000.00 from Industry Canada to help sustain their respective CAP sites; and, THAT there be no additional cost borne by the County. - Carried. County Council 3 March 14, 2000 EmerQency Detour RoutinQ 400 Series HiQhways - ManaQer of EnQineerinQ Services Mr. Watters indicated that this policy will be used to establish a standardized routing procedure. Councillors suggested the County should petition the Province to provide financial compensation to municipalities for municipal roads that are used during detour routing on 400 Series Highways. Warden McPhail suggested the lower-tier road superindentents should formulate their own routing procedure in conjunction with the County. Staff was directed to investigate these suggestions and report further. Moved by Councillor Wilson Seconded by Councillor VanBrenk THAT all costs to purchase, install and maintain the signage on the County Roads for the emergency detour routing of the 400 series highways be borne by the Province of Ontario, as traffic using the detour route will be from the Provincial Highway System. - Carried. Detour RoutinQ AlonQ HiQhway #3 and HiQhway #4 - ManaQer of EnQineerinQ Services Moved by Councillor Walters Seconded by Councillor Stewart THAT the Manager of Engineering Services be authorized and directed to approve, modify or reject Ministry of Transportation drawings and plans for emergency detouring on Highways #3 and #4. - Carried. Road WideninQ for Road #35 - ManaQer of EnQineerinQ Services Mr. Watters reported that some residents in the area are not willing to sell their property for the amount established to purchase land for road widening purposes in the County policy, and do not feel the road requires improvements. Councillors noted that different values are paid for farmland than for residential property and directed that staff survey other Counties for their land purchase policies. Moved by Councillor Wilson Seconded by Councillor Walters THAT the Manager of Engineering Services be authorized to complete Road #35, from Road #52 to Orwell, as follows: Option #5 Complete Road Within Parameters of Land Purchased: Completing the road within the parameters would require very steep side slopes on several sections. The main concern of the County would be for the 7.5 meters (24.5 feet) of asphalt surface and 3.0 meters (10 feet) of gravel shoulders. This would leave 3.25 meters (10.5 feet) for the slopes to accommodate the ditches. - Carried. Assistance to the Township of Malahide for DesiQn of Hacienda Road Improvements - ManaQer of EnQineerinQ Services Councillor Habkirk noted that County personnel is again performing a function for municipalities at no cost and appropriate charges should be made to the municipality requesting the service. The Manager of Engineering Services indicated that every Road Superintendent has requested assistance from County Engineering staff at some point in time. County Council 4 March 14, 2000 Moved by Councillor VanBrenk Seconded by Councillor Walters THAT the Engineering Services Department investigate, survey, design and prepare drawings for the Township of Malahide for the proposed Hacienda Road improvements as requested by the Council; and, THAT this work be completed in the Spring of 2000 to work within the Engineering Services Department's schedule. - Carried. Road Tour - ManaQer of EnQineerinQ Services Council consensus was that a two-day tour is advisable and will discuss the dates over lunch before making a decision. Moved by Councillor Walters Seconded by Councillor Mcintyre THAT the Manager of Engineering Services set up a two-day road tour for the County road system. - Carried. Appeal to the Ontario DrainaQe Tribunal - ManaQer of EnQineerinQ Services Staff felt that the County has been assessed unfairly and has appealed the Court of Revision's decision to the Tribunal. Councillor Walters indicated that no one from the County had attended meetings to provide input, and only after the ten-day appeal period expired, were comments provided. Councillor Walters noted that in the future, staff should provide input much sooner in the process to avoid additional costs and misunderstanding. The Manager of Engineering Services indicated staff had kept in contact with personnel although they did not attend the meetings. Moved by Councillor VanBrenk Seconded by Councillor Rock THAT the report entitled "Appeal to the Ontario Drainage Tribunal" from the Manager of Engineering Services be received and filed. - Carried. Early AdvertisinQ of Contracts - ManaQer of EnQineerinQ Services Mr. Watters advised that the early advertising of contracts allows for better prices Moved by Councillor VanBrenk Seconded by Councillor Wilson THAT the following contracts be advertised on March 25,2000 and close on April 12, 2000 for consideration by County Council on April 25,2000: Contract # 2000-02 2000-03 2000-04 2000-05 2000-06 2000-12 Tender Title Gravel Resurfacing Surface Treatment Roadway Tiles Hot Mix Asphalt Paving Guide Rail Supply and Install Springwater Road Reconstruction Enqineer's Estimate $ 332,000.00 $ 307,000.00 $ 90,000.00 $1,600,000.00 $ 50,000.00 $ 700,000.00 - Carried. County Council 5 March 14, 2000 Final Ambulance Report-1998 - Director of Financial Services The Province has audited the 1998 Ambulance Expenditures and the County is in a surplus position of $125,000.00. Moved by Councillor Stewart Seconded by Councillor Walters THAT an amount of $125,000.00 from the 1998 Provincial Ambulance Reconciliation be set aside as a contingency in preparation of the County assuming ambulance services; and, THAT the balance of the surplus be recognized as 1999 income to assist in offsetting the PIL shortfall. - Carried. Terrace LodQe Auxiliary Annual Report - Director of Homes and Senior Services Moved by Councillor VanBrenk Seconded by Councillor Wilson THAT the Terrace Lodge Auxiliary report be received and recognized by letter from Elgin County Council. - Carried. Offer to Purchase the NursinQ Home Bed Licenses - Director of Homes and Senior Services Councillor Walters suggested we should amend the motion to again offer the licences for public bid. Councillors noted that the Ministry of Health approval is holding up the sale of the bed licences. Moved by Councillor Habkirk Seconded by Councillor Walters THAT Elgin County Council agrees to the time limit extension and that the Haldimand War Memorial Hospital be so advised; and indicate, THAT the County will be actively soliciting interest in the sale of the bed licences simultaneously. - Carried. WSIB - Schedule 2 and Accidental Death and Disablement (AD&D) Insurance Underwritten by Hartford Fire Insurance - Director of Human Resources Mr. Underhill noted that municipalities are informed when the County becomes aware of changes that occur in benefits. Moved by Councillor Habkirk Seconded by Councillor Mcintyre THAT based on the recommendation of Heath Benefits Consulting, the Chubb Insurance Company of Canada be retained to provide Permanent Partial Disability (PPD) and Accidental Death and Disablement (AD&D) for the County of Elgin. - Carried. County Council 6 March 14, 2000 CORRESPONDENCE Items for Consideration 1. Brian Huis, Parks Planning Specialist, Southwestern Zone, Ontario Parks, with notice of Port Burwell Provincial Park Management Plan - Proposed Amendment to accommodate the sewage treatment plant expansion in the Municipality of Bayham. 2. Wm. Bouma, Clerk-Administrator, County of Hastings, with a resolution petitioning the Provincial Government to reinstate "Special Circumstances Funding" to cover transitional and implementation costs created by downloaded services. 3. Bruce Taylor, Town Clerk, City of Pickering, with a resolution requesting the Provincial and Federal Governments to uphold the Criminal Code law against possession of child pornography. 4. Linda Alton and Barbara Johnson, Women of Distinction Award Committee, YWCA of St. Thomas and Elgin, inviting Council to submit nominations for the "Women of Distinction Award" and "Young Women of Distinction Award". 5. Marcel Lapierre, Administrator & Co-ordinator, Township of South Glengarry, with a resolution petitioning the Treasurer of Ontario and the Minister of Environment to ensure funding is maintained in the "Provincial Water Protection Fund". 6. AI Bod, St. Thomas and District Chamber of Commerce, with membership application. 7. Paul Courey, Paroian Raphael, with correspondence re: Maintenance Guidelines for Municipal Drains. 8. Ken Sloan, Administrator, Municipality of Central Elgin, concerning the recognition of the 1998 Fingal Juniors Fastball Team - National Champions. Councillor Stewart noted that the Municipality of Bayham would be requesting support from Council for their position on the sewage treatment plant expansion. Moved by Councillor Rock Seconded by Councillor Walters THAT Correspondence Item #1 be received and filed. - Carried. Staff was directed to send a letter to the Municipality of Bayham indicating that, upon receipt of a written request, Council would discuss support of their position. The following recommendation was adopted respecting Correspondence Item #2: Moved by Councillor Habkirk Seconded by Councillor Rock THAT the Corporation of the County of Elgin supports the resolution from the County of Hastings petitioning the Provincial Government to reinstate "Special Circumstance Funding" to cover transitional and implementation costs for downloaded services incurred through the Consolidated Municipal Services Management Agreements. - Carried. The following recommendation was adopted respecting Correspondence Item #3: County Council 7 March 14, 2000 Moved by Councillor Rock Seconded by Councillor Habkirk THAT the Corporation of the County of Elgin supports the resolution from the City of Pickering requesting the Provincial and Federal Governments to re-enforce to the Supreme Court of Canada, their commitment to the protection of children from sexual exploitations. - Carried. Moved by Councillor Rock Seconded by Councillor Mcintyre THAT Correspondence Item #4 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #5: Moved by Councillor Habkirk Seconded by Councillor Walters THAT the Corporation of the County of Elgin supports the resolution from the Township of Glengarry petitioning the Minister of the Environment and the Treasurer of Ontario to ensure that adequate funding is forthcoming in the Provincial budget for the Provincial Water Protection Fund. - Carried. The following recommendation was adopted respecting Correspondence Item #6: Councillor VanBrenk indicated there are separate Chambers of Commerce located throughout the County who should also be considered for membership. Council consensus was that if they requested membership, it would be considered. Moved by Councillor Rock Seconded by Councillor Walters THAT the Corporation of the County of Elgin take out membership with the St. Thomas and District Chamber of Commerce in the amount of $140.00. - Carried. The following recommendation was adopted respecting Correspondence Item #7: Warden McPhail requested that Council consider sending the legal opinion out to municipalities requesting support. Moved by Councillor Rock Seconded by Councillor Mcintyre THAT the legal opinion on Maintenance Guidelines from Paroian Raphael be forwarded, via AMO fax, to all municipalities in Ontario requesting their support, and that copies be sent to the local M.P.P's for their information. - Carried. Council Correspondence Item #8 from the Municipality of Central Elgin regarding recognition for the 1998 Fingal Juniors Fastball Team National Champions, was considered by Council and consensus was to recognize the members of the team at a future meeting. County Council 8 March 14, 2000 Items for Information - (Consent AQenda) 1. Perry Clutterbuck, thanking Council for the flowers sent during his recent illness. 2. AMO Member Communication ALERT - Municipalities Successful in Holding Line on Taxes AMO - For Your Information - AMO Makes Pre-budget Submission 3. Michael Power, President, Association of Municipalities of Ontario, thanking the County for renewing its membership in AMO. 4. Susan McConnell, Community Relations Co-ordinator, and Dave Martin, Kettle Creek Conservation Authority, introducing Mr. Clifford Baron as the Authority's new education co-ordinator and indicating the Elginature publication is scheduled for distribution in the Fall. 5. Randy Millard, C.A.O.lClerk, Township of Malahide, with copy of correspondence to the Premier of Ontario supporting Council's position on the closure of the OMAFRA offices. 6. Honourable Ernie Hardemen, Minister of Agriculture, Food and Rural Affairs, regarding Council's concerns with the closure of the OMAFRA offices. 7. Steve Peters, M.P.P., Elgin-Middlesex-London, with 1) copy of correspondence to the Minister of Transportation, concerning safety conditions on Highway 401 and the Honourable David Turnbull, Minister of Transportation's reply. 2) copy of correspondence to the Minister of Agriculture, Food and Rural Affairs and the Minister's reply, concerning competitive trading programs for Ontario farmers. 8. Susanne Sadleir, Executive Consultant, Bell Canada, with Bell Canada's position on telephone lines used in Municipal Emergency Operating Centres. 9. Honourable John C. Snobelen, Minister of Natural Resources, concerning Council's support of the County of Hasting's objection to the sale of private recreation campsites. 10. Honourable Tony Clement, Acting Minister of Municipal Affairs and Housing, concerning Council's letter to the Premier regarding the "Fewer Municipal Politicians Act, 1999". 11. Suzanne Meunier, Media Relations Officer, Federation of Canadian Municipalities, with an update on possible funding of a new national infrastructure program for the fiscal year April 1 , 2000 - March 31, 2001. 12. Honourable David Turnbull, Minister of Transportation, with copy of correspondence to Steve Peters, M.P.P., in reply to Council's concern for the need of a railway overpass on Highway 3 and Council's request for the establishment of a Driver's Examination Centre in the County of Elgin. 13. Randy Jackiw, Director, Ministry of Agriculture, Food and Rural Affairs, with a discussion paper and questionnaire regarding the Drainage Program. 14. Cathy Bishop, Manager of Library Services, with copy of correspondence in regard to volunteering for the 20001 Canada Games. 15. Sam Synard, Federation of Canadian Municipalities, with call for nominations for the 2000 FCM Race Relations Award and Proclamation "The International Day of the Elimination of Racial Discrimination March 21". 16. Jennifer Wilson, Manager, Client Services, Canadian Radio-televison and Telecommunications Commission, concerning Collective Pricing Arrangement with Bell Canada for phone lines installed in Municipal Emergency Operations Centres. County Council 9 March 14, 2000 17. Association of Municipal Managers, Clerks and Treasurers of Ontario, workshop registration form and information for the upcoming "2000 Municipal Elections". 18. Honourable Andy Mitchell, Secretary of State (Rural Development) (Federal Economic Development Initiative for Northern Ontario), with a letter thanking Warden McPhail and Councillors who met with him to discuss rural issues. Councillor Walters indicated that the response from the Honourable David Turnbull to Mr. Steve Peters, M.P.P., (Correspondence Item #12), regarding Drivers Examination Centres, was not acceptable. The County, including the City of St. Thomas, exceeds the Minister's criteria of 50,000 residents and should be considered for an Examination Centre. Moved by Councillor Rock Seconded by Councillor VanBrenk THAT the County send a letter to Premier Harris expressing displeasure with the Minister of Transportation's position regarding not re-establishing a Drivers Examination Centre in the Elgin/St. Thomas area. - Carried. Warden McPhail noted that input on the Drainage Program, referred to in Correspondence #13, is an important issue and encouraged Councillors to review it. Moved by Councillor Mcintyre Seconded by Councillor Walters THAT Correspondence Items #1-11 and #13-18 be received and filed. - Carried. Council recessed for lunch at 12: 1 0 P.M. and reconvened at 1 :00 P.M. The Chief Administrative Officer informed Council that the Municipal Finance Association has requested an extension for the upper-tier tax rate of four weeks from the time they receive their CRF numbers. Moved by Councillor Mcintyre Seconded by Councillor Habkirk THAT the Corporation of the County of Elgin respectfully requests that the Minister of Municipal Affairs extend the March 31 st deadline for setting upper tier tax rates by at least 4 weeks from the time that the final LSR/CRF figures are made available. - Carried. DELEGATIONS Mr. Danny Young, Spriet & Associates, attended at 1 :05 P.M., with a presentation on Small Package Treatment Plants. Mr. Young indicated that the design plant should be larger than required to counteract unforeseen circumstances. The average cost is $6-$7 per gallon and would cost approximately $175,000.00 for a small pre-packaged treatment plant. If the school located across the highway was to use the system, it would have little impact on the plant because of its hours of operation. Mr. Young suggested it would be advisable for the County to design for 100 cubic metres per day and allow the school to use the system. Warden McPhail thanked the delegation for attending and Mr. Young left at 1 :27 P.M. The Chief Administrative Officer indicated that this information would be inserted into the build/design ad that will be put out for bid. County Council 10 March 14, 2000 OTHER BUSINESS Statements/InQuiries By Members Warden McPhail thanked all those who worked so hard to make the OGRA convention and hospitality room a success. Councillor Walters commented that the Riding Associations knew about Premier Harris visiting in St. Thomas and did not make it known to the County. Warden McPhail indicated that he had sent a letter to Premier Harris apologizing for not attending and welcoming the Premier to the County, as the County had not been notified of the pending visit. Staff will send a letter to the Riding Associations requesting that the County be notified when visits from dignitaries are being planned, so that the County of Elgin can be included when these events are being organized. Notice of Motion - None. Matters of UrQency - None. Mr. Bryce Sibbick, Frank Cowan Company, attended at 1 :30 P.M. Moved by Councillor Walters Seconded by Councillor Stewart THAT we do now proceed In-Camera to discuss property matters. - Carried. Moved by Councillor VanBrenk Seconded by Councillor van Kasteren THAT we do now rise and report. - Carried. Council consensus was that the Road Tour for the East End be held on April 4th and for the West End May 2nd, leaving from the County Building at 8:30 A.M. Moved by Councillor Habkirk Seconded by Councillor Mcintyre THAT Sheridan and Associates Insurance Brokers Limited lease be extended to September 22, 2000, at an annual lease rate of $12.00 per square foot, with a three- month notice of cancellation of the lease extension. - Carried. Moved by Councillor VanBrenk Seconded by Councillor Stewart THAT we adopt the motions of the Committee of the Whole Council. - Carried. BY-LAWS Moved by Councillor Rock Seconded by Councillor van Kasteren THAT By-Law No. 00-06 "A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the March 14, 2000 Meeting" be read a first and second time. - Carried. County Council 11 March 14, 2000 Moved by Councillor VanBrenk Seconded by Councillor Habkirk THAT By-Law No. 00-06 be read a third time and finally passed. - Carried. Moved by Councillor Walters Seconded by Councillor Wilson THAT we do now adjourn at 2:47 P.M. to meet again on March 28,2000 at 9:00 A.M. - Carried. Mark G. McDonald, Chief Administrative Officer. Duncan J. McPhail, Warden.