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May 16, 2000 Minutes COUNTY COUNCIL Tuesday, May 16, 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 Councillors Walters (arrived at 10:03 AM.) and Habkirk (arrived at 1 :50 P.M.). Warden McPhail in the Chair. Moved by Councillor VanBrenk Seconded by Councillor Wilson THAT the minutes of the meeting held on April 25,2000 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - None. DELEGATIONS 9:08 A.M. - Ms. Teresa Kelly, Elgin County Marketing Alliance, addressed Council on efforts to promote tourism in rural Elgin and St. Thomas. The Alliance would like to produce a television commercial informing visitors of what is available in Elgin and develop a passport for stamping at selected "tourist stops". The Alliance requested support from County Council for their initiatives. Council, which currently provides funding to the Elgin Tourist Association, encouraged the Alliance to continue discussions with the Association to promote cohesiveness and avoid duplication of services. Warden McPhail thanked the delegation for attending, and noted that the County has passed their Budget for 2000 and the delegation may wish to request funding from other Lower-Tier Councils. Council requested that Councillor Clutterbuck discuss partnering with the Alliance with the Elgin Tourist Association. Moved by Councillor VanBrenk Seconded by Councillor Rock THAT the Corporation of the County of Elgin support in principle the initiatives of the Elgin County Marketing Alliance and encourage the Alliance to develop a partnership with the St. Thomas-Elgin Tourist Association to promote this project. - Carried. The delegation left at 9:38 AM. 9:38 A.M. - Mr. Chester Hinatsu, Director, Ontario Works, addressed Council with an update on the Consolidated Ontario Works Department. Warden McPhail thanked the delegation for attending. Moved by Councillor Wilson Seconded by Councillor van Kasteren THAT the Ontario Works Information Report, presented by Mr. Chester Hinatsu, Director, Ontario Works, be received and filed. - Carried. Mr. Hinatsu left at 10:10 AM. Council took a break at 10:10 AM. and reconvened at 10:27 AM. County Council - 2 - May 16, 2000 Moved by Councillor Walters Seconded by Councillor van Kasteren THAT we do now move into Committee of the Whole Council. - Carried. REPORTS OF STAFF OverweiQht/Oversize MovinQ Permit - ManaQer of EnQineerinQ Services The Manager of Engineering Services noted that the Highway Traffic Act exempts farm vehicles from the definition of Motor Vehicle. Moved by Councillor VanBrenk Seconded by Councillor Rock THAT the by-law and permit form for Overweight/Oversize moves be accepted for use by the Engineering Services Department; and, THAT By-Laws No. 1839 and 96-47 be repealed. - Carried. Surplus EQuipment - Director of Homes and Senior Services The Director of Homes and Senior Services requested deviation from the Council policy regarding disposition of surplus equipment. Moved by Councillor Stewart Seconded by Councillor Rock THAT the Director of Homes and Senior Services be authorized to dispose of the surplus equipment/stock identified as "redundant" through the means of a yard/garage sale; and, THAT the proceeds be directed to the donation accounts for the Homes. - Carried. EQuipment/Renovations to Tub Rooms. Terrace LodQe - Director of Homes and Senior Services Moved by Councillor Wilson Seconded by Councillor Clutterbuck THAT the Director of Homes and Senior Services be authorized to proceed with the tub/shower room renovations at Terrace Lodge. - Carried. PaintinQ Proiects for the Homes - Director of Homes and Senior Services The Director noted that one bid received for Terrace Lodge seems high and should be re- advertised. Moved by Councillor VanBrenk Seconded by Councillor Walters THAT the bid from H.D. Decorating, Wallacetown, in the amount of $23,545.35 be accepted for the painting at Bobier Villa. - Carried. County Council - 3 - May 16, 2000 LonQ Term Disability Benefit Class G-ManaQement Group Employees - Director of Human Resources Moved by Councillor Rock Seconded by Councillor van Kasteren THAT based on the recommendation of Buffett Taylor, the Long Term Disability benefit amount under Manulife Policy #21141, Class G, for the Management Group, be increased to $10,000.00 effective immediately. - Carried. County Archives - ManaQer of Library Services The Manager of Library Services noted that renovation of the fourth floor would be very expensive and renovating the present Library area in the lower level would be advisable. Warden McPhail indicated that the Archives Association is well informed and the County should meet with them for input on the recommendations. Councillor Rock suggested that other interested stakeholders should be consulted and a public meeting should be held to explain what the County is doing, once the Archivist has been hired. The report was amended to include that it be presented to the Archives Association for their information. Moved by Councillor van Kasteren Seconded by Councillor Clutterbuck THAT the County Archives be established as an adjunct to the County Library System; and, THAT staff be directed to hire one full-time archivist (1 year contract position) according to the job description; and, THAT, among other duties, the archivist develop a "Collection Development Policy"; and, THAT funding partnerships be established with outside agencies for the collection and display of archival materials for consideration by County Council; and further, THAT the archivist, reporting to the Manager of Library Services, develop a floor plan for the establishment of a County Archives in the lower level of the County Administration Building; and further, THAT a meeting be convened with the Archives Association to discuss the report and gather feedback; and, THAT the 2000 Budget be approved as presented. - Carried. Appointments to the Police Services Board (PSB) - Chief Administrative Officer The Chief Administrative Officer noted that in order to speed up the process, the Lower- Tier should appoint representatives, by motion, as soon as possible. He also pointed out that as this is a Lower-Tier matter, the County involvement would be to act as a collection body to forward resolutions to the Ministry of the Solicitor General and to produce billings. Councillor Rock requested to see the criteria for appointing members, hopefully in a staggered manner, as well as a governance model. Council consensus was that the Warden and the Chief Administrative Officer prepare a detailed report outlining appointment and governance options and Mr. Charlie Williamson from the O.P.P. be invited to Council to discuss the issue. County Council - 4 - May 16, 2000 Moved by Councillor Wilson Seconded by Councillor Walters THAT the report entitled "Appointments to the Police Services Board (PSB)" by the Chief Administrative Officer be deferred to the meeting on June 13, 2000. - Carried. Provincial Offences Act - Schedules to the AQreement - Chief Administrative Officer The Chief Administrative Officer indicated that in order for the County to assume responsibility this year for POA, unanimous agreement from the Lower-Tier and the City of St. Thomas would have to be received prior to the application deadline of June 17, 2000. After discussion, the CAO suggested amendments to the schedules as follows: Schedule "A" Item #1 be deleted. Schedule "A" Item #3 be amended from 90 days to 30 days (now Item #2). Schedule "B" Item #3 be amended to January 1,2001. Moved by Councillor VanBrenk Seconded by Councillor Clutterbuck THAT the following Schedules A, Band C, as amended, of the Provincial Offences Act be adopted for consideration by the various municipal partners and the Ministry of the Attorney General: Schedule "A" - Costs of the Proposed Municipal Partner: 1. The County agrees to provide a year-end reconciliation of the actual costs and revenues provided by the County under Bill 1 08. 2. The County agrees to report to the Partner Administrators within 30 days following the fiscal year end, on December 31, as to estimated revenues and expenses for the coming year, to consider any recommendations made by the Partner Administrators, and that in the event the Partners cannot agree on the estimated costs of operations, recommend proceeding to the Dispute Resolution Mechanism. Schedule "B" - Revenue SharinQ: 1. Each municipality shall receive gross revenues generated from POA activity within its municipal boundaries, less expenses and a 10% administration fee payable to the County of Elgin. 2. Such revenue shall be distributed in the first quarter of the year following the fiscal year end and be subject to reconciliation. 3. POA revenues from January 1998 to the date of transfer, January 1, 2001, will be retained by the County of Elgin and the City of St. Thomas, in accordance with the CRF formulas provided by the Province. Schedule "C" - Dispute Resolution Mechanism: 1. The Partners (defined as all lower-tier municipalities in the County of Elgin and the separated City of St. Thomas) agree to foster and participate in a co-operative approach to disputes and agree that all reasonable efforts will be made to resolve disputes informally and amicably at an early stage. 2. In the event that a dispute arises between a Partner and the County with respect to the terms and conditions of the LSA, or with respect to the service levels, the Partners and the County agree to use the mechanism set out in this Section to resolve the dispute. 3. The provisions of this section do not apply to issues governed by the Ministry of the Attorney General, the provisions and obligations under the MOU or LSA or any issues County Council - 5 - May 16, 2000 relating to the judiciary, principles of justice, or corporate management issues of the County, or issues related to budget unless the dispute is supported by the majority of Partners in a Catchment Area. 4. In the event that a dispute or concern arises between a Partner(s) and the County, and such dispute or concern cannot be resolved through initial discussions between the County Administrator and the Partner Administrators, such dispute or concern will be referred to a meeting involving the Administrators representing all Partners. 5. The meeting of the Administrators is designed to foster and assist in the resolution of the dispute and to encourage recommendations to the concerned Partner and the County in order to facilitate a resolution. 6. If such resolution or recommendation results in a necessary amendment to this Agreement, upon the agreement of all impacted Partners and the County, such amendment shall be reduced to writing and become part of this Agreement after being duly executed by the County and all of the Partners. Should all of the municipalities not agree, any Partner may proceed to arbitration. 7. Where the Partners and the County are unable to reach a resolution to the dispute or where the recommendation of the Administrators does not resolve the dispute, the Partners may choose to: a) discontinue the dispute or, b) choose the services of a third party mediator to facilitate resolution of the dispute or, c) proceed to arbitration. 8. The mediator shall inquire into the issue in dispute and shall attempt to assist the Partners in resolving the dispute and shall be selected upon majority vote of the partners. 9. In the event that the Partners do not agree with the recommendations of the mediator, any of the Partners may apply to an arbitrator to resolve the dispute and the dispute shall be settled in accordance with the Arbitration statutes then in force in the Province of Ontario, and this section constitutes a submission under such Arbitration statutes. The arbitrator shall be selected in accordance with Paragraph 10. Any arbitration will be conducted according to the rules for the conducting of arbitrations of the Arbitration Institute of Canada Inc., in effect at the day of commencement of the arbitration and by one arbitrator appointed in accordance with the Institute's rules. The arbitration will take place in the County of Elgin unless otherwise agreed. The arbitration will be final and binding upon the Parties. The law governing the procedures and the substance of the arbitration will be the law of Ontario. 10. The Partners in dispute may agree in writing upon the appointment of a single Arbitrator who will determine the dispute as sole Arbitrator. If the Partners in dispute cannot agree on a sole Arbitrator then each of the Partners in dispute will appoint an Arbitrator and provide the other party with written notice of the appointment. If one party does not provide such notice, then the Arbitrator who has been appointed by the other party will be the sole Arbitrator and will constitute the Arbitral Tribunal. 11. Where the services of a mediator or an arbitrator are undertaken, the cost of such mediator or arbitrator's services shall be shared by the Partners as part of the costs associated with this agreement within the respective catchment area, the costs will be distributed based on population. 12. Any dispute arising from the failure of the County to fulfil its obligations as set out under the MOU shall be filed with the Ministry of Attorney General and the dispute resolution process as established within the MOU for disputes between the MOU and the County shall apply. 13. The Partners acknowledge and agree that when a matter is under dispute all service provided by the County will continue in accordance with the terms of this Agreement and the requirement of the Transfer Agreement. - Carried. County Council - 6 - May 16, 2000 Summer Student - EIQin County Pioneer Museum - Director of Financial Services The Director of Financial Services reported that in the past the Museum received student assistance through HRDC which was paid by the Province. HRDC is now asking that the County partially fund the project this year. Moved by Councillor van Kasteren Seconded by Councillor Stewart THAT staff be directed to hire one summer student for the Elgin County Pioneer Museum, as approved by the HRDC, at a cost to the County not to exceed $1,400.00. - Carried. Moved by Councillor Walters Seconded by Councillor Stewart THAT we do now proceed In-Camera to discuss personnel and legal matters. - Carried. The Emergency Measures Co-Ordinator attended at 11: 19 AM. Mr. Bob Padfield, Rodney Ambulance Service, attended at 11: 19 A M. and left Chambers at 11:40 AM. Council recessed at 12:02 P.M. and reconvened at 1 :02 P.M. Mr. Harry Hoover, St. Thomas-Elgin General Ambulance Service, attended at 1 :03 P.M. and left Chambers at 1 :09 P.M. The Emergency Measures Co-Ordinator left Chambers at 1: 13 P. M. Councillor Habkirk attended at 1 :50 P.M. Moved by Councillor Habkirk Seconded by Councillor Walters THAT we do now rise without reporting. - Carried. Council took a break at 2:46 P.M. and reconvened at 3:03 P.M. CORRESPONDENCE Items for Consideration 1. John LeMaistre, Executive Director/City Clerk, Administrative Services, City of Nepean, with a resolution concerning pesticide use on public and private property. 2. Denise Labelle-Gelinas, City of Cornwall, with a resolution requesting AMO to lobby to have the municipal financial period changed to March 31 sl of any given year. 3. Federation of Canadian Municipalities, with a "Model Resolution - Municipal Leaders' Resolution on Climate Change" urging the federal and provincial governments to make climate protection a priority. 4. Andrea Rivest, Acting Clerk, Town of Lakeshore, with a resolution concerning subsidies for agricultural commodities. 5. Andrea Rivest, Acting Clerk, Town of Lakeshore, with a resolution concerning the low water level problem. County Council - 7 - May 16, 2000 6. Elgin St. Thomas Health Unit, requesting the County waive the escalation clause in the lease between the Board of Health and County of Elgin. 7. St. Thomas Chamber of Commerce advised by phone that Councillor Walters has been appointed as a representative by both the Municipality of Central Elgin and the County and it may be advisable to appoint another member from Council. Moved by Councillor Walters Seconded by Councillor Rock THAT Correspondence Item #1 be received and filed. - Carried. Moved by Councillor VanBrenk Seconded by Councillor Wilson THAT Correspondence Item #2 be received and filed. - Carried. Moved by Councillor Walters Seconded by Councillor Clutterbuck THAT Correspondence Item #3 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #4. Moved by Councillor Walters Seconded by Councillor VanBrenk THAT the Corporation of the County of Elgin supports the resolution from the Town of Lakeshore petitioning the Federal Government to increase the current safety net program for Canadian farmers to a level in keeping with the subsidy provided to farmers in the United States; and, THAT the Federal Government work with the World Trade Organization to equalize subsidies for farm commodities to ensure a long term financial viability of farming as an industry in Canada. - Carried. Moved by Councillor Clutterbuck Seconded by Councillor VanBrenk THAT Correspondence Item #5 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #6. Councillor Wilson commented that the County made a commitment to the City and that it should stand behind the agreement, as it is important to the residents of Elgin. Moved by Councillor Wilson Seconded by Councillor Walters THAT the Council of the County of Elgin re-affirm its commitment to place a moratorium on the escalation in the Health Unit's lease for a one year term, said moratorium to be reviewed for a further two years; and, County Council - 8 - May 16, 2000 THAT the Warden and the Chief Administrative Officer be authorized to sign the lease agreement. Councillor Wilson requested a recorded vote on the motion. These were recorded as follows: YEAS NAYS ABSENT VanBrenk Clutterbuck Walters Rock Habkirk van Kasteren Wilson Stewart McPhail YEAS: 9 NAYS: 0 ABSENT: 0 TOTAL: 9 As a result of the recorded vote the motion was declared CARRIED UNANIMOUSLY. Moved by Councillor Habkirk Seconded by Councillor van Kasteren THAT the Council of the County of Elgin re-affirms its commitment to the Consolidation Agreement previously signed with the City of St. Thomas and the Minister of Health be so advised. Councillor Habkirk requested a recorded vote on the motion. These were recorded as follows: YEAS NAYS ABSENT VanBrenk Clutterbuck Walters Rock Habkirk van Kasteren Wilson Stewart McPhail As a result of the recorded vote the motion was declared CARRIED UNANIMOUSLY. Councillor Walters requested that a letter be sent to the Minister of Health pointing out that, as proven by a public meeting, only a small percentage opposed the consolidation agreement. Appointment to Sf. Thomas-EIQin Chamber of Commerce The following recommendation was adopted respecting Correspondence Item # 7. Moved by Councillor van Kasteren Seconded by Councillor Stewart THAT Councillor Wilson be appointed as a voting member on the St. Thomas-Elgin Chamber of Commerce. - Carried. County Council - 9 - May 16, 2000 Items for Information - (Consent AQenda) 1. C.F. Murray, District Manager and Director - Ontario Regulation 362, Ministry of the Environment, with copy of correspondence regarding PCP Waste Transfer to Alberta Special Waste Treatment Centre. 2. Gar Knutson, M.P., Elgin-Middlesex-London, regarding the Federal Government's role in the national health care system. 3. Donna Stewart, Manager, Conservation Strategies Division, Environment Canada, with information on the Stormwater Detention Ponds of Southern Ontario and wildlife at risk. 4. Honourable David Anderson, Minister of the Environment, announcing legislation to be tabled to protect species and their habitat, "Species at Risk Act (SARA)". 5. Honourable Dan Newman, Minister of the Environment, acknowledging Council's support for the Township of South Glengarry's resolution concerning grants and subsidies to municipalities for water and sewage infrastructure work. 6. James M. Flaherty, Attorney General and Minister Responsible for Native Affairs, with a progress report on the first year of implementation of the Provincial Offences Act. 7. a) Bryan Tuckey, Assistant Deputy Minister (Acting), Ministry of Municipal Affairs and Housing; and b) John Maddox, Municipal Services Office, Southwestern re: Regional Delivery of One Window Provincial Planning Services. 8. Premier Michael D. Harris, 1) acknowledging Council's resolution supporting the redirection of a portion of provincial road taxes to municipal governments for road repair; and 2) acknowledging Council's request for re-establishment of a driver examination centre in the Elgin/St. Thomas area. 9. Robert A Richards, President & CAO, Ontario Property Assessment Corporation 1) OPAC-Legislation, Regulatory and Policy Issues; 2) quarterly newsletter from OPAC; 3) settlement reached between OPAC and the Ontario Public Services Employees Union. 10. Steve Peters, M.P.P., Elgin-Middlesex-London, supporting Council's resolutions: 1) Minister of Finance, re: funding revenue deficiency created by LSR Farmland/ Managed Forest rebate calculation; 2) Minister of Community and Social Services, re: discriminatory policy regarding ChildCare Fee Subsidy Guidelines; 3) Premier of Ontario, re: using a percentage of taxes collected on fuels, gasoline and license registration for repair of downloaded roads. 11. Harvey Shear, Canadian Co-chair and Paul J. Horvatin, U.S. Co-chair, SOLEC 2000, re: information concerning the health of the Great Lakes Basin Ecosystem and the role played the SOLEC. 12. AMO Member Communication re: 1) Municipal Response to Drainage Program Review; and 2) AMO Succeeds in Securing New Dollars for Municipalities. 13. AMCTO EXPRESS - Newsletter 14. The Honourable James Flaherty, Attorney General and Minister Responsible for Native Affairs, acknowledging Council's resolution concerning the protection of children from sexual exploitation. Items for Information - (Consent AQenda) Council directed that Item #1 be forwarded to the Lower-Tier for their information. County Council - 10- May 16, 2000 Moved by Councillor Habkirk Seconded by Councillor Rock THAT Correspondence Items #1-14 be received and filed with appropriate action taken. - Carried. Council consensus was, as time did not allow for discussion of the Roads issues slated for this afternoon, that the topic be deferred to a future meeting. OTHER BUSINESS Statements/InQuiries By Members - None. Councillor Habkirk requested a date for discussion of "Roads Issues" deferred from today's meeting. Moved by Councillor van Kasteren Seconded by Councillor Walters THAT the Roads related Issues be deferred to June 13, 2000 in the afternoon, prior to the mortgage burning ceremony at Bobier Villa. - Carried. The Deputy Clerk reminded Council of the FCM conference on June 2-5,2000. The Deputy Clerk updated Council on responses received to date on the Maintenance Guidelines for Municipal Drains. Warden McPhail advised that the newly elected Student Trustee on the Board of Education would be attending the St. Thomas Chamber of Commerce Free Enterprise Dinner with him. Notice of Motion - None. Matters of UrQency - None. Moved by Councillor Wilson Seconded by Councillor Stewart THAT we do now proceed In-Camera to discuss property and personnel matters. - Carried. Council took a break at 3:31 P.M. and reconvened at 4:02 P.M. Mr. Ray Beattie of JRI, Mr. Fred Darlington from McAsphalt Industries, and Mr. Ray Shewan, Lakes Terminals & Warehousing, and Mr. Don Leitch, Co-Ordinator of Planning, Municipality of Central Elgin, attended at 4:00 P.M. and left at 4:42 P.M. Moved by Councillor Habkirk Seconded by Councillor Rock THAT we do now rise and report. - Carried. County Council - 11 - May 16, 2000 Ambulance Services for 2001. 2002 & 2003 Moved by Councillor VanBrenk Seconded by Councillor Rock THAT the bid from the Rodney Ambulance Service in the amount of $690,246.00, $696,630.00, and $706,922.00 for 2001,2002, and 2003 respectively be approved, subject to confirmation of 50% funding from the Ministry of Health; and, THAT the bid from the St. Thomas-Elgin General Hospital for the provision of ambulance services in the amount of $1 ,354,000.00, $1,395,535.00, and $1,437,280.00 for 2001, 2002, and 2003 respectively be approved, subject to confirmation of 50% funding from the Ministry of Health. - Carried. Port Stanley Harbour Divestiture Moved by Councillor Walters Seconded by Councillor van Kasteren THAT negotiations with Transport Canada on the divestiture of the Port Stanley Harbour be terminated immediately in view of the uncertainty of the title to the Harbour lands, the Federal Government's unwillingness to guarantee dredging this summer, and the limited financial compensation being offered to the County to assume responsibility for the Harbour; and, THAT the Warden issue a Press Release explaining the County's position. - Carried. Moved by Councillor Rock Seconded by Councillor Stewart THAT staff be instructed to proceed with the analysis of bids for the decommissioning of the sewage lagoon and design/building of a small package sewage treatment system at the Elgin Manor site according to Schedule A of the Environmental Assessment regulations. - Carried. Moved by Councillor VanBrenk Seconded by Councillor Walters THAT the Warden and the Chief Administrative Officer be authorized to sign the tentative agreement between the County of Elgin and Library CUPE, Local 841.6, subject to ratification by both parties. - Carried. Council directed staff to investigate the First Nations issue regarding ownership of the Port Stanley Harbour to determine the date of filing. Moved by Councillor Walters Seconded by Councillor Wilson THAT we adopt the recommendations of Committee Of The Whole Council. - Carried. County Council - 12 - May 16, 2000 Archives Warden McPhail noted that the County previously passed a motion that staff decline collecting any more archival material or books in the fourth floor storage area and requested that it be rescinded since a County Archives was now being established. Moved by Councillor Clutterbuck Seconded by Councillor VanBrenk THAT the Manager of Library Services be authorized and directed to accept Archival Material of historical significance and store said material in the County Administration Building at her discretion, in view of the pending creation of an official County Archives. - Carried. BY-LAWS Moved by Councillor Wilson Seconded by Councillor Walters THAT By-Law No. 00-12 "Being a By-Law to Authorize the Warden and the Chief Administrative Officer to Sign an Agreement with the Board of Health for the Elgin-St. Thomas Health Unit" be read a first and second time. - Carried. Moved by Councillor Rock Seconded by Councillor VanBrenk THAT By-Law No. 00-12 be read a third time and finally passed. - Carried. Moved by Councillor van Kasteren Seconded by Councillor Clutterbuck THAT By-Law No. 00-13 "Being a By-Law to Provide for the Granting of Permits to Moved by Councillor Oversize or Overweight Loads on County Roads" be read a first and second time. - Carried. Moved by Councillor Walters Seconded by Councillor VanBrenk THAT By-Law No. 00-13 be read a third time and finally passed. - Carried. Moved by Councillor Stewart Seconded by Councillor VanBrenk THAT By-Law No. 00-14 "A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the May 16, 2000 Meeting" be read a first and second time. - Carried. Moved by Councillor Rock Seconded by Councillor Habkirk THAT By-Law No. 00-14 be read a third time and finally passed. - Carried. County Council - 13 - May 16, 2000 Moved by Councillor Habkirk Seconded by Councillor Stewart THAT we do now adjourn at 5:08 P.M. to meet again on June 13, 2000 at 9:00 AM. - Carried. Mark G. McDonald, Chief Administrative Officer. Duncan J. McPhail, Warden.