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September 26, 2000 Minutes COUNTY COUNCIL Tuesday, September 26, 2000 The Elgin County Council met this day at the Administration Building, at 9:06 AM., in accordance with adjournment with Councillors Habkirk and van Kasteren absent. Warden McPhail in the Chair. Warden McPhail congratulated Councillor Dave Rock, new Mayor for Central Elgin, and welcomed Councillor Ken Bond, new Deputy Mayor for Central Elgin, to Council. Moved by Councillor VanBrenk Seconded by Councillor Wilson THAT the minutes of the meeting held on September 12, 2000 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - None. DELEGATION Mr. David and Mrs. Jenny Phillips attended at 9:08 AM. Mr. Phillips addressed Council and announced that the County of Elgin, the City of St. Thomas, and DuttonlDunwich will host the Ontario Guild of Town Criers Championship in 2002. A committee will be struck in the new year and would be requesting representation from Council. Mr. Phillips indicated the committee would also be looking for funding and services from the community to assist with the activity. Warden McPhail congratulated Mr. Phillips on his accomplishments and the delegation left at 9: 17 AM. Moved by Councillor VanBrenk Seconded by Councillor Rock THAT Mr. David Phillips be recognized as the Town Crier for the County of Elgin. - Carried. PRESENTATIONS Warden McPhail presented a certificate and gifts to Mrs. Frances J. Beharrell in recognition of her retirement after 21 years of service at the Bobier Villa. DELEGATION Ms. Jean Law and Mrs. Marie Turvey attended at 9:19 AM. to discuss the London Trans Canada Trail Link. Ms. Law handed out pamphlets detailing the proposed London Trans Canada Trail Link that branches off the Trans Canada Trail between the City of London and Elgin County, and requested Council's approval for the portion that travelled through the County. Fundraising for the trail will begin later. The report from the Manager of Engineering Services "London Trans Canada Trail Link" was considered at this time. Moved by Councillor VanBrenk Seconded by Councillor Rock THAT the Corporation of the County of Elgin grant permission to the London Trans Canada Trail Link Committee to utilize Ron McNeil Line (Elgin County Road #52) from Wonderland Road east to Dalewood Road (Elgin County Road #31) and Dalewood Road (Elgin County Road #31) from Ron McNeil Line south to the City of St. Thomas limits as part of the London Trans Canada Trail Link for the activities of hiking and cycling; and County Council 2 September 26, 2000 THAT the London Trans Canada Trail Link Committee in all of their advertisements, brochures and maps in regard to this Trail include a warning for users of the inherent dangers of these roadways; and further THAT these sections of Elgin County Roads be included in the local Road Maintenance Agreement for those municipalities that are responsible for these road sections so that they be maintained to the same level of service as other Elgin County Roads but with the awareness that they are also used for trail purposes. - Carried. The delegation left at 9:25 AM. Moved by Councillor Wilson Seconded by Councillor Bond THAT we do now move into Committee of the Whole Council. - Carried. COUNCIL AND STAFF REPORTS Greer Drain - Ontario DrainaQe Tribunal Decision and Updates - ManaQer of EnQineerinQ Services Moved by Councillor Wilson Seconded by Councillor VanBrenk THAT the report from the Manager of Engineering Services on the Greer Drain - Ontario Drainage Tribunal Decision and Updates, be received and filed. - Carried. Ontario Small Town and Rural Development (OSTAR) Infrastructure ProQram- ManaQer of EnQineerinQ Services Councillor Wilson felt the OSTAR grant could be better used by applying for funding for drinking water protection for the County Building rather than the two Vienna Bridges. Discussion ensued concerning the water problems at the building, the apparent lack of communication with staff and tenants, and the need for separate water and sewage services to supply the Administration Building. The Chief Administrative Officer noted that the County relies on updates from the Medical Officer of Health, which information is dispersed as soon as it comes in, but has not received any reports for some time. The Manager of Engineering Services was directed to pursue the situation with the Health Unit. The Manager of Engineering Services was instructed to contact Cumming Cockburn Ltd. for costing information on provision of sanitary and water services to the Administration Building, and Council deferred the report to later in the meeting. Mr. Hugh Geurts attended at 9:43 AM. Application for Minor Exception. Lot 4. Concession 5. South of A. DuttonlDunwich - Tree Commissioner - deferred from September 1 ih meeting Mr. Geurts reported that all interested parties have been contacted and expressed no objection with the clearing. Moved by Councillor VanBrenk Seconded by Councillor Stewart THAT the Application for Minor Exception to the Trees Act from Mr. Egbert Verbrugge, Lot 4, Concession 5, South of A, DuttonlDunwich, to clear 8-12 acres of bush to be utilized for farming, be approved. - Carried. County Council 3 September 26, 2000 Mr. Geurts thanked the local media for publishing the news release regarding the exercise of caution by landowners when selecting loggers. The Tree Commissioner left at 9:45 AM. County Road #48 (Dorchester Road to Imperial Road) - ManaQer of EnQineerinQ Services The Manager of Engineering Services indicated that construction of larger culverts should alleviate the problem of flooding on this section of roadway. The best time for repairing this roadway would be next summer after culverts are constructed and have settled, and the work would be done between May and August. Council consensus was to make it clear to Ashwarren that the roadway would be redone at no cost to the County. Moved by Councillor Wilson Seconded by Councillor Rock THAT the Manager of Engineering Services instruct Ashwarren International Incorporated to remove the double highfloat surface and slurry seal and apply a double highfloat surface as per the original contract, at no cost to the County. - Carried. Council took a break at 9:53 and reconvened at 10:07 AM. County Road 42 Lake Bank Erosion (Update) - ManaQer of EnQineerinQ Services Mr. Phil Bedell from Golder Associates attended at 10:17 AM. to answer questions from Council. Mr. Bedell reviewed the erosion and gully advancement and what measures could be taken to stop the rapidly moving gullies. If the gullies are controlled, the County could expect 15-20 more years before the roadway has to be moved. Councillor Wilson recommended amending the report to clarify a number of editorial inaccuracies. These amendments will be made to the final copy. Warden McPhail indicated a delegation had discussed the erosion problem with the Assistant to the Minister of Transportation recently and had requested a meeting be convened with the various Ministries and affected agencies. Moved by Councillor Stewart Seconded by Councillor Rock THAT the Engineering Services Budget continue to allocate approximately $50,000.00 per year for the repair of gullies as per the recommendation from Golder Associates in a report dated May 2000; and, THAT the Manager of Engineering Services close the roadway when the unstable gullies are within 25 meters from the edge of the roadway; and, THAT a letter be sent to Gar Knutson, M.P. and Steve Peters, M.P.P., requesting them to arrange a meeting with the appropriate Federal and Provincial Ministries, and the municipalities that have shoreline within their boundaries, to discuss common erosion issues and appropriate funding sources. - Carried. At 10:58 AM., the Director of Homes and Senior Services introduced Mr. Ralph Thompson, SaniTech, who provided information on the site and construction of the new Elgin Manor wastewater treatment plant. The plant would be constructed in accordance with Schedule A of the Environmental Protection Act. The final site plan should be completed in the next three to four weeks and the firm is working with various agencies to get all concerns answered. Public meetings have been held and no negative comments on the proposal have been received to date. Mr. Thompson further advised that the size of plant can take in flow from the school across the road and the plant could be expanded County Council 4 September 26, 2000 if required. Councillor Wilson suggested that, as a safety precaution, boring monitoring holes would be advisable. Moved by Councillor Clutterbuck Seconded by Councillor Rock THAT Elgin County Council approve in principle the sketch, site plan, and location for the wastewater treatment plant of the new Elgin Manor, as presented by SaniTech; and further, THAT boreholes be drilled around the perimeter of the effluent holding area for monitoring purposes. - Carried. AutomatinQ Council- Director of Financial Services The Director of Financial Services noted the report was priced for regular pc's, but could substitute basic laptops for an additional $500 each. Councillors could receive training at home from staff in Information Technology if they wished, and personnel would be available by pager. Paper copies would still be required for press and other interested persons. The consensus of Council was to develop a policy and report to the next meeting. Moved by Councillor Clutterbuck Seconded by Councillor Rock THAT staff develop an automation policy for provision and usage of laptop computers by County Councillors, to provide meeting information and for use at Council meetings, and report back at a future meeting. - Carried. Workplace Safety and Insurance Board Fees Gore Mutual - Schedule 2 Insurance Carrier - Director of Human Resources Moved by Councillor Rock Seconded by Councillor Wilson THAT the report from the Director of Human Resources on Workplace Safety and Insurance Board Fees Gore Mutual - Schedule 2 Insurance Carrier be received and filed. - Carried. Schedule 2 Administration Fee Increase - Director of Human Resources Moved by Councillor Clutterbuck Seconded by Councillor Stewart THAT the report from the Director of Human Resources on Schedule 2 Administration Fee Increase be received and filed. - Carried. County Council 5 September 26, 2000 New Council Orientation - Chief Administrative Officer Moved by Councillor VanBrenk Seconded by Councillor Rock THAT County Council concurs with the draft agenda, time, date and location of the new Council Orientation Session and staff be directed to utilize funds from the Strategic Planning Reserve to cover the costs of the meeting. - Carried. Provincial Offences Act - The EmerQency Measures Co-Ordinator The Emergency Measures Co-Ordinator outlined the layout for the courtroom, justice chambers, waiting rooms, holding areas, offices and administration, as well as staff requirements. Council expressed that the Council Chambers should not be considered for POA use and staff indicated that if it was requested they would bring the request to Council. Council amended the report to clarify the hiring of two full-time positions and one contract position. Moved by Councillor VanBrenk Seconded by Councillor Rock THAT Council approve for implementation the use and renovations of the following areas of the County Administration Building for the Provincial Offences Court System: Training Room as the main court, equipped with portable furniture Committee Room #1 used as waiting room for appellants Committee Room #1 kitchen used as holding cell Warden's Office as Judicial Chambers - Access from Judicial Chambers directly to the Training Room (presently roughed-in and minimal construction will be necessary Committee Room #3 used by the police and MTO staff - A portion of the office space currently being used by the Elgin Tourist Association used for the prosecutor's office and, THAT staff be permitted to issue a Request for Proposals for a Prosecutor; and, THAT staff be permitted to hire two full-time and one contract clerical positions to conduct the administrative duties required for the administration of the Court; and, THAT staff be authorized to implement all requirements of the transfer to meet the February 26, 2001 transfer date; and further, THAT the report from the Emergency Measures Co-ordinator dated September 15, 2000 be approved as amended. - Carried. Terrace LodQe DininQ Room Furniture - The Director of Homes and Senior Services The Director of Homes for Senior Services advised that the residents had chosen the chair style that was specified in the tender and noted that two firms were discounted because their tender was not in accordance with specifications. County Council 6 September 26, 2000 Moved by Councillor VanBrenk Seconded by Councillor Rock THAT the tender of Healthcare Furnishings Inc., in the amount of $72,380.10 be accepted for Terrace Lodge Dining Room tables and chairs; and, THAT the Warden and the Chief Administrative Officer be authorized to sign the contract. - Carried. CORRESPONDENCE Items for Consideration 1. John V. Hachey, Honorary Chair PCP Program, Federation of Canadian Municipalities, requesting Council's endorsement of the resolution "Municipal Leaders' Statement on Climate Change". 2. The Township of Stephen, with a resolution petitioning the Provincial Government not to sell the Ontario Clean Water Agency or any Ontario water resource to the private sector. Moved by Councillor VanBrenk Seconded by Councillor Stewart THAT Correspondence Item #1 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #2. Moved by Councillor Clutterbuck Seconded by Councillor Bond THAT the Council of the County of Elgin supports the resolution from the Township of Stephen petitioning the Province of Ontario not to sell the Ontario Clean Water Agency or any Ontario water resource to the private sector. - Carried. Items for Information - (Consent AQenda) 1. Marilyn Van Daele, with a thank you card for the Council presentation to her on the occasion of her retirement from the County Library. 2. Steve Peters, M.P.P., Elgin-Middlesex-London, with copy of correspondence sent to the Minister of Transportation supporting Council's resolution concerning recovery costs for municipalities supplying fire service responses on Provincial highways. 3. Honourable Elizabeth Witmer, Minister of Health and Long-Term Care, announcing a base funding increase of $4,929.00 over the 1999/2000 Long-Term Care annualized subsidy. 4. Ann Mulvale, President, Association of Municipalities of Ontario, with copy of correspondence sent to Minister of Health concerning AMO's "Province-Wide Smoking Policy" resolution and "Land Ambulance Funding" resolution. 5. Honourable David Turnbull, Minister of Transportation, concerning signage for the 2001 Canada Games. County Council 7 September 26, 2000 6. Honourable Janet Ecker, Minister of Education, responding to Council's resolution concerning a new rural education strategy. 7. Ministry of Municipal Affairs and Housing - News Release, "Harris Government Announces Next Steps in Operation of Clean Water Including Capital Funding and Long-Term Strategy". 8. AMO Member Communication "For Your Information": 1) AMO Has Say in Federal Budget 2001 Consultation 2) Resolution Adopted at the AMO Conference 2000 9. The Learning Partnership, announcing the "National Take Our Kids To Work Day", Wednesday, November 1, 2000. 10. Honourable David Collenette, Minister of Transportation, re: Dredging the Port Stanley Harbour. 11. Private Secretary to The Queen Mother thanking the Warden for birthday greetings. 12. Mayor Joanne Brooks, City of St. Thomas apologizing for the oversight in the naming of our Ontario Works Department. 13. Ministry of Municipal Affairs and Housing with information and registration form for the Annual Southwestern Municipal Conference - December 8, 2000. 14. Mr. Donald Carroll, Secretary, and Ms. Yvonne McCallum, Chairperson, West Elgin Historical and Genealogical Society, with appreciation for the new microfilm printer- reader at the Dutton Branch Library and assistance of staff. 15. Township of Southwold agreeing to contribute 50% of construction costs for connecting water line to the Hoffsuemmer property. Warden McPhail noted he had the original of Correspondence Item #11 for viewing. Moved by Councillor Rock Seconded by Councillor Stewart THAT Correspondence Items #1-15 be received and filed. - Carried. Ontario Small Town and Rural Development (OSTAR) Infrastructure ProQram- ManaQer of EnQineerinQ Services (Deferred from earlier discussion) The Manager of Engineering Services reported that he had contacted Cumming, Cockburn Ltd., who indicated that a sanitary service and water service to the Administration Building would cost approximately $450,000.00. Funds in the amount of $366,000.00 have been previously set aside in a reserve, to cover these anticipated expenditures. Council consensus was that the water situation at the Administration Building needs to be addressed now and the most beneficial request for an OSTAR grant would be the Vienna Bridge rehabilitations. Moved by Councillor VanBrenk Seconded by Councillor Clutterbuck THAT the Warden and the Chief Administrative Officer be directed and authorized to sign the Letter of Intent for the Ontario Small Town and Rural Development (OSTAR) Infrastructure Program with the Ontario SuperBuild Corporation, under Option #2 (Public Health and Safety), for the rehabilitation of the Vienna North and Vienna South Bridges in the Village of Vienna; and, County Council 8 September 26, 2000 THAT Council will determine its level of participation, if any, once it has been advised of its actual financial contribution. - Carried. Moved by Councillor Wilson Seconded by Councillor VanBrenk THAT staff be directed to investigate options for construction of a water and sewage line to service the Administration Building, and retain Cumming Cockburn Ltd. to provide the necessary cost estimates and other relevant information. - Carried Unanimously. Council adjourned at 12:14 and reconvened at 1 :09 P.M. OTHER BUSINESS Statements/lnQuiries by Members Warden McPhail advised that subsequent to the Outdoor Farm Show he attended, the final Agricultural Impact Study would be forwarded to Council in due course. Councillor Rock enquired if the report on displaying the Municipality of Central Elgin's Coat of Arms was ready. Staff will present it at the next meeting. Councillor Bond noted that former Councillor Walters has forwarded the County-owned fax machine to him. Notice of Motion - None. Matters of UrQency - None. Moved by Councillor VanBrenk Seconded by Councillor Bond THAT we proceed In-Camera to discuss personnel matters. - Carried. Staff, except the Director of Human Resources, Human Resources Officer, and Chief Administrator Officer, were excused at 1 :30 P.M. Moved by Councillor VanBrenk Seconded by Councillor Bond THAT we do now rise and report. - Carried. Moved by Councillor Rock Seconded by Councillor Wilson THAT D.C. Jackson Realty be allowed to sub-lease Room #234 (148 square feet) from Elgin Delivery and Courier, at $13.00 per square foot, on the second floor of the County Administration Building, effective October 1, 2000. - Carried. County Council 9 September 26, 2000 Moved by Councillor VanBrenk Seconded by Councillor Stewart THAT the confidential legal advice from the Labour Solicitor on a Human Resources issue be approved. - Carried. Moved by Councillor VanBrenk Seconded by Councillor Wilson THAT Councillor Dave Rock (representing Central Elgin) be recommended as the municipal appointee to the Police Services Board for the "Elgin Group" to replace Councillor Bill Walters who has resigned to pursue the nomination to the Canada Alliance Party. - Carried. Moved by Councillor VanBrenk Seconded by Councillor Wilson THAT Councillor Ken Bond be appointed as a County Council representative on the Elgin- St. Thomas Board of Health to replace Councillor Bill Walters, for the period September 26 to December 31,2000. - Carried. Moved by Councillor Rock Seconded by Councillor Bond THAT we adopt the recommendations of the Committee Of The Whole Council. - Carried. BY-LAWS Moved by Councillor VanBrenk Seconded by Councillor Clutterbuck THAT By-Law No. 00-21 "Being a By-Law to Authorize Speed Limits" be read a first and second time. - Carried. Moved by Councillor Bond Seconded by Councillor VanBrenk THAT By-Law No. 00-21 be read a third time and finally passed. - Carried. Moved by Councillor VanBrenk Seconded by Councillor Stewart THAT By-Law No. 00-22 "Being a By-Law to Authorize the Warden and the Chief Administrative Officer to Sign an Agreement with the Township of Southwold Relating to the Cost Contribution towards the Fingal-Elgin Manor Waterworks System" be read a first and second time. - Carried. Moved by Councillor Stewart Seconded by Councillor Rock THAT By-Law No. 00-22 be read a third time and finally passed. - Carried. County Council 10 September 26, 2000 Moved by Councillor VanBrenk Seconded by Councillor Wilson THAT By-Law No. 00-23 "A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the September 26, 2000 Meeting" be read a first and second time. - Carried. Moved by Councillor VanBrenk Seconded by Councillor Clutterbuck THAT By-Law No. 00-23 be read a third time and finally passed. - Carried. Moved by Councillor Wilson Seconded by Councillor Bond THAT we do now adjourn at 1 :57 P.M. to meet again on October 24,2000 at 9:00 AM. - Carried. Mark G. McDonald, Chief Administrative Officer. Duncan J. McPhail, Warden.