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May 29, 2001 Minutes COUNTY COUNCIL Tuesday, May 29, 2001 The Elgin County Council met this day at the Administration Building, at 9: 04 AM., in accordance with adjournment, with all members present except for Marilyn Fleck, Director of Homes and Seniors Services, and Harley Underhill, Director of Human Resources. Also present were: Peter Dutchak, Engineering Services and Paul Vandenberg, Human Resources. Warden McPhail in the Chair. Moved by Councillor VanBrenk Seconded by Councillor Mcintyre THAT the minutes of the meeting held on May 8, 2001 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - None. Moved by Councillor Rock Seconded by Councillor Faulds THAT we do now go into Committee Of The Whole Council. - Carried. Clachan Road. County Road 7. EnQineerinQ Services - ManaQer of EnQineerinQ Services Moved by Councillor Habkirk Seconded by Councillor Wilson THAT the monies allocated for engineering services on Clachan Road in 2001 be re- allocated for improving railway level crossings on County Road 32, 46 and 52 and for the installation of concrete ripple islands at County Roads 27 at 22 and 36 at 45. - Carried. Councillor Wilson suggested, and Council agreed, that the Municipality of Chatham-Kent should be strongly encouraged to fund their portion of the much-needed project. The Warden will write directly to the Mayor of Chatham-Kent. Trans Canada Trail - Municipality of Bayham - Technical Services Officer Moved by Councillor Mcintyre Seconded by Councillor Faulds THAT staff be directed to register the following sections of County Roads to the Ontario Trail Council for the purpose of designating those sections of roads as forming portions of the Trans Canada Trail: County Road #42 (Nova Scotia Line) - from Brown Road to Robinson Street County Road #42 (Lake Shore Line) - from Robinson Street to Clarke Road County Road #19 (Plank Road) - from Tunnel Road to Chute Line County Road #19 (Plank Road) - crossing at Baynor Road - Carried. County Council 2 May 29,2001 KinQ GeorQe Lift BridQe in Port Stanley - ManaQer of EnQineerinQ Services Council discussed the concern that the estimated projected dollars needed to maintain the bridge over the next several years seemed very high. Council instructed staff to formulate a draft agreement between the County and the Municipality of Central Elgin to be presented for consideration at a future meeting. Moved by Councillor VanBrenk Seconded by Councillor Wilson THAT the Corporation of the County of Elgin agree, in principle, to assume ownership of and responsibility for the King George Lift Bridge in Central Elgin, subject to the successful negotiation of a transfer agreement; and, THAT staff be directed to report back to Council on the terms and conditions of said agreement, including a financial plan to address the capital requirements; and further, THAT said agreement will assume that operations and staff remain with the Municipality of Central Elgin at its cost and the County assume Colborne St. to Bridge St. for continuity of the road system. - Carried. Tender Approvals for Capital Projects - Technical Services Officer The Technical Services Officer reported that the bidding was very close and competitive and that the lowest bids were being recommended. Moved by Councillor Habkirk Seconded by Councillor Stewart THAT the following companies be selected to provide the specified product or service as requested for their submitted price inclusive of all taxes: 1. Supply and Deliver Roadway Signage - Scugog Signs, $46,179.00 2. Supply and Deliver Corrugated Steel Pipe - Atlantic Industries Ltd., $38,498.24 3. C.S.P. Road Culvert Replacements - Streib Trucking Ltd., $68,270.28 4. Surface Treatment - Cornell Construction Ltd., $477,998.42 5. Hot Mix Asphalt Paving - Walmsley Bros. Ltd., $851,827.00 6. Engineering Services, Road 25 Intersections - Spriet Associates, $31,672.00; and, THAT the Warden and the Chief Administrative Officer be authorized to enter into agreements with the following companies: 1. C.S.P. Road Culvert Replacements - Streib Trucking Ltd., $68,270.28 2. Surface Treatment - Cornell Construction Ltd., $477,998.42 3. Hot Mix Asphalt Paving - Walmsley Bros. Ltd., $851,827.00 - Carried. A discussion ensued concerning on-site procedures undertaken by staff for monitoring gravel, hot mix and other materials used in the construction of County roads, to ensure that all requirements are being met by the construction firm. The Manager of Engineering Services confirmed that for large contracts staff have used Walmsley Bros. Ltd. for many years and analysis of materials being used is done at laboratories to ensure a quality level. It was noted that municipalities are given the opportunity to piggy-back onto contracts for cost savings and these matters are discussed at the bi-monthly road superintendents' meetings to ensure that all municipalities are aware of what is coming up for tender. County Council 3 May 29,2001 Tax Policy Decisions - Director of Financial Services Moved by Councillor Crevits Seconded by Councillor Mcintyre THAT staff be directed to enter into an agreement with Municipal Tax Equity Consultants for the provision of services in regard to property assessment, taxation and municipal finance issues at a cost not to exceed $35,000; and, THAT the expense be paid from the Mill Rate Stabilization Reserve. - Carried. CORRESPONDENCE Items for Information - (Consent AQenda) 1. Brenda Sigouin, Clerk-Administrator, Township of Essa, with resolution requesting the Premier of Ontario to re-institute the photo radar program. 2. Warden Carl Tinney, County of Hastings, with resolution concerning the possible extension of the OMERS package for municipal employees. 3. Nigel Bellchamber, Secretary-Treasurer, AMO, requesting nominations to the 2001- 2002 AMO Board of Directors. 4. Town of Arnprior, with resolution concerning the Ministry of Environment's intent to introduce legislation to support an agreement between Ontario municipalities and industry to share 50/50 the net cost of residential recycling programs. 5. James D. Kutschke, Treasurer/Deputy Clerk, County of Renfrew, with copies of correspondence: 1) petitioning the Ontario Ministry of Transportation to allow municipalities managing Provincial Offences Courts to have enquiry access to driver information; 2) petitioning the Province to exempt municipal partners managing Provincial Offences Courts from the requirement to pay filing and enforcement fees. 6. P.M. Madill, Regional Clerk, Region of Durham, with resolution requesting the Province to allow municipalities to levy development charges for growth related capital needs of local hospitals. 7. AMO with "Calls for Reconsideration of Applicability of Public Sector Accountability Act to Municipal Government" and requesting members to review the legislation and raise concerns with their MPPs regarding duplication of accountability efforts already in place at the municipal government level. 8. Louise Gartshore, City Clerk, City of Woodstock, with resolution requesting funding from the Province for budget requirements to offset municipal tax increases. 9. Don Leitch, Chief Administrative Officer, Municipality of Central Elgin - Modification of Council Chambers - Televising of Council Meetings. Moved by Councillor VanBrenk Seconded by Councillor Faulds THAT Correspondence #1 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #2. County Council 4 May 29,2001 Moved by Councillor Rock Seconded by Councillor VanBrenk THAT the Council of the County of Elgin endorses the resolution of the County of Hastings supporting the OMERS program for a contribution holiday and a window of opportunity for early retirement. - Carried. Moved by Councillor VanBrenk Seconded by Councillor Crevits THAT Correspondence Item #3 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #4. Moved by Councillor Habkirk Seconded by Councillor Faulds THAT the Council of the County of Elgin supports the resolution of the Town of Arnprior requesting the Ministry of the Environment to consider legislation to make producers of life cycle products and packaging accountable for the cost of recovering and recycling; and, THAT long-term financial support from waste producing industries for hazardous waste and blue box programs for municipalities be initiated; and, THAT a deposit-return system for all beverage containers for recovery and recycling be considered; and, THAT the Ministry of the Environment reconsider the requirements outlined in Reg. 101/94 to provide some flexibility in the collection of materials for recycling. - Carried. The following recommendation was adopted respecting Correspondence Item #5. Moved by Councillor Crevits Seconded by Councillor VanBrenk THAT the Council of the County of Elgin supports the resolution of the County of Renfrew petitioning the Ontario Ministry of Transportation to allow municipalities managing Provincial Offences Courts to have enquiry access to driver information. - Carried. Moved by Councillor Crevits Seconded by Councillor VanBrenk THAT the Council of the County of Elgin supports the resolution of the County of Renfrew petitioning the Province of Ontario to exempt municipal partners managing Provincial Offences Courts from the requirement to pay filing and enforcement fees to both the Small Claims Court and Superior Court of Justice. - Carried. Moved by Councillor Habkirk Seconded by Councillor Faulds THAT Correspondence Item #6 be received and filed. - Carried. County Council 5 May 29,2001 The following recommendation was adopted respecting Correspondence Item #7. Moved by Councillor Habkirk Seconded by Councillor Rock THAT the Council of the County of Elgin supports the concerns of the Association of Municipalities of Ontario with regard to the Bill 46, An Act Respecting the Accountability of Public Sector Organizations. - Carried. The following recommendation was adopted respecting Correspondence Item #8. Moved by Councillor Habkirk Seconded by Councillor Mcintyre THAT the Council of the County of Elgin endorses the resolution of the City of Woodstock requesting the Province to provide funding for budget requirements and offset any municipal tax increases. - Carried. Councillor Rock provided information to County Council regarding the requests that Central Elgin Council has received to televise Central Elgin's Council meetings. County Council felt that the high cost to renovate the Council Chambers was not warranted, especially since a limited number of County residents would receive the cable broadcast. The following recommendation was adopted respecting Correspondence Item #9. Moved by Councillor Habkirk Seconded by Councillor Mcintyre THAT the County of Elgin indicate that the costs of the renovation required to televise Council meetings exceeds the benefit to the limited number of viewers who would receive the broadcast and the Municipality of Central Elgin be so advised. - Carried. Items for Information - (Consent AQenda) 1. Honourable Dianne Cunningham, Minister of Training, Colleges and Universities, concerning Councils resolution regarding medical school tuition fee levels. 2. Ontario News Release: 1) Province Welcomes Interim Report on Affordable Housing: Takes Immediate Action Ontario Backgrounder: 1) The Housing Supply Working Group Removing Barriers to the Development of Affordable Housing; 2) The Comparative Real Estate Finance Analysis Study. 3. AMO Member Communication: 1) Municipal Governments Could Lose "Say for Pay" on OPAC Board; 2) Municipalities and the Province's 21-Step Action Plan; 3) AMO's Reaction to the Ontario Budget; 4) Ontario Budget 2001 Summary; 5) Bell Canada Applies to CRTC to Withdraw Bell Neutral Answering Service (BNAS); 6) A Very Busy and Successful AMO Board Meeting; 7) Getting Ready for Spring. 8) AMO Welcomes Social Services and Children Services Announcements. 4. Steve Peters, M.P.P., Elgin-Middlesex-London, with copy of correspondence sent to various Ministers concerning Council resolutions regarding: 1) cost of road infrastructure maintenance in municipalities; 2) impact the tobacco industry has on farmers and general public of Southwestern Ontario; 3) high cost of medical school tuition fees and the impact shortage of physicians has on communities; 4) removal of railway ties stored on County property posing a hazard to the community; 5) cost involved in transportation of prisoners and court security; 6) Highway #401 County Council 6 May 29,2001 emergency detour routing; 7) Ontario Fire Chief's petition calling for the Province to fund a Provincial Fire Service Program; 8) Provincial funding to continue STEPS program. 5. Keith L. Heller, Senior Vice President, CN, advising of railroad tie removal program. 6. Paul Marrinan, Instructor - Children's Safety Village, London Police Service, thanking Council for financial support. 7. Dorothy Pfeifer, Secretary, Elgin 4-H Association, thanking Council for financial support. 8. Most Rev. J.M. Sherlock, D.D., Bishop of London, announcing World Youth Days 2002 and the events that will involve community members in this area. 9. Honourable David Turnbull, Minister of the Solicitor General, concerning Council's resolution regarding "Emergency Detour Routing Highway #401. 10. Andrea Bauman, Invading Species Technician, Ontario Federation of Anglers & Hunters, concerning the need to raise awareness of the danger and need for prevention of spreading of invading species in our waterways. 11. David J. Johnson, Chair, Assessment Review Board, with information concerning the Scheduling Strategy for Assessment Review Board hearings for 2001. 12. Brian Coburn, Minister of Agriculture, Food and Rural Affairs, with response to the County's support of a resolution regarding the Ontario Environmental Farm Plan program. 13. AMCTO Express: 1) 2001 Ontario Budget - Responsible Choices; 2) Bill 140 Information Update. 14. Deborah Adamczyk, Corporate Correspondence Unit, Ministry of Transportation, acknowledging the County's correspondence re: abandoned railway ties and indicating the Minister of Transportation will respond later. 15. Town of Aylmer expressing appreciation for assistance from County staff in providing WHMIS training and employee negotiations expertise. 16. Downtown Development Board, with information on "Main Street Program" to be used in revitalizing the City of St. Thomas Downtown. 17. Ministry of Municipal Affairs and Housing, with News Release "Province Moves Forward on Smart Growth to Protect Oak Ridges Moraine, Renew Brownfields". 18. Federation of Canadian Municipalities, Member Advisory, Municipal Governments Win Right to Appeal in Rights-of-Way Case. 19. Office of the Prime Minister acknowledging receipt of Elgin's resolution of support re: financial assistance for Canadian farmers. 20. Pat Vanini, Director Policy and Government Relations AMO, acknowledging receipt of Elgin's resolution re: Water Regulation 459/00, and with copy of AMO's letter to the Minister of Environment. 21. Minister of Agriculture, Food and Rural Affairs with copy of letter to Municipality of West Elgin re: plight of local farmers. 22. Ministry of Consumer and Business Services with newsrelease "Ontario Boosts Consumer Protection with New 10-Day Cooling Off Period". 23. Friends of the Games, 2001 Canada Summer Games Alliance: i) St. Thomas 2001 Games Meeting Minutes (May 9,2001) ii) Canada Games Brick Program - Correspondence and Pledge Donations Form County Council 7 May 29,2001 24. R. Millard, CAO/Clerk, Township of Malahide - resolutions re: County reports 1) Road Maintenance Allocations Based on Traffic Volumes; 2) Speed Zones on Elgin County Roads; 3) Three-Year Maintenance Reconciliation for County Roads. 25. Ken Loveland, Clerk Treasurer Administrator, Municipality of Dutton/Dunwich - resolution concerning the proposed traffic based method of payment for County road maintenance. The Manager of Engineering Services reported that railway ties being removed from County property along the rail lines are no longer being transported by truck. All of the ties are now being loaded on railway cars for removal. Moved by Councillor Habkirk Seconded by Councillor Wilson THAT Correspondence Items #1-25 be received and filed. - Carried. OTHER BUSINESS Statements/InQuiries by Members - None. Notice of Motion - None. Matters of UrQency - None. Council took a break at 9:59 and reconvened at 10: 12 AM. The Director of Financial Services provided Council with a verbal update on the Museum construction following the fire. The Director reported that new drywall will be installed and a new roof will replace the areas badly damaged by the fire. Areas of the Museum that received smoke damage will be sprayed, sealed, painted, and wallpapered. A facility on Mondamin Street in St. Thomas has been leased to perform the restoration of the Museum artifacts and volunteers from the Museum have been hired by Wynmar to help with the cleaning and restoration process. APPOINTMENT TO ARCHIVES ASSOCIATION Moved by Councillor Wilson Seconded by Councillor Mcintyre THAT Mr. Perry Clutterbuck be appointed as the County of Elgin's representative on the Archives Association Board for 2001. - Carried. DELEGATION Mr. Bob Heil of Municipal Tax Equity Consultants Inc. attended at 10:30 AM. Warden McPhail welcomed administrators from across the County to the presentation by Mr. Heil, Director of Client Services for Municipal Tax Equity Consultants Inc., who spoke to Council on a Tax Policy Impact Study. Mr. Heil reported that Bill 140 was the most complicated piece of legislation he has seen in his career. He indicated that MTE would provide a synopsis of the legislation, would assist in its implementation, give advice and work through calculations with the County and its constituent municipalities. Councillors and visiting Treasurers were given the opportunity to ask questions of Mr. Heil. Warden McPhail thanked Mr. Heil for his presentation. County Council 8 May 29,2001 Moved by Councillor Habkirk Seconded by Councillor Faulds WHEREAS the Province of Ontario requires that County Council consider certain policy and mitigation options relating to 2001 property taxation; and, WHEREAS County Council has reviewed these options and considered the effects on County rate payers; NOW BE IT RESOLVED THAT the ratios remain unchanged from the prescribed transition ratios as approved in previous years; and, THAT, from the four optional classes; office building, shopping centres, parking lots and large industrial, the County choose the large industrial class as its only optional class; and, THAT, considering the limited benefits to ratepayers, graduated taxation not be utilized; and, THAT there be no change to tax treatment of farmland awaiting development; and, THAT, considering the County and its member Municipalities would be required to fund the education portion of any relief provided, a municipal tax reduction program not be introduced; and, THAT a by-law be prepared setting out the County rates for 2001; and, THAT staff be directed to prepare a letter to the Province stating Council's displeasure at the lack of direction from the Province, the delay in the release of instructional regulations, and the lack of trust of the information contained within the OPT A program. - Carried. Councillor Mcintyre thanked the senior staff members of Elgin County for involving the lower-tier municipalities in this matter. Council took a short break at 11 :22 and reconvened at 11 :38 AM. Councillor Habkirk requested to have MTE come to the Town of Aylmer to explain the tax ratio presentation to the Aylmer Council. Council agreed that a meeting with all Municipal Councils should be held in order to deal with this matter. The Mayor of Central Elgin will organize the meeting location and contact the Director of Financial Services for a timeframe and availability of the consultants. It was suggested that perhaps groups such as the Federation of Agriculture should also be invited to attend. Moved by Councillor Stewart Seconded by Councillor Habkirk THAT we do now go In-Camera to discuss a property matter. - Carried. Moved by Councillor VanBrenk Seconded by Councillor Crevits THAT we do now rise and report. - Carried. County Council 9 May 29,2001 Moved by Councillor VanBrenk Seconded by Councillor Stewart THAT the Warden, Chief Administrative Officer and County Solicitor be authorized to negotiate the sale of the long-term care bed licenses with prospective buyers and report to Council at the first opportunity. - Carried. Moved by Councillor Mcintyre Seconded by Councillor Crevits THAT the Chief Administrative Officer and the Manager of Engineering Services negotiate a settlement with Ashwarren International Incorporated and report back to Council on the results. - Carried. Moved by Councillor Wilson Seconded by Councillor Habkirk THAT we do now adopt the recommendations of the Committee Of The Whole Council. - Carried. Councillor Habkirk reported on recent developments regarding the STEPS program. Councillor Wilson requested that Engineering Services notify the O.P.P. of the location and timing of "Smart Counters" when they are being used in the County. The Manager of Engineering Services reported on Emergency Detour Route Signs, a proposed road closure on the 401 and on a Community Safety Zone request. BY-LAWS Moved by Councillor Faulds Seconded by Councillor Rock THAT By-Law No. 01-17 "Being a By-Law to Provide for the Adoption of the 2001 Budget of the Corporation of the County of Elgin and to Establish the 2001 Tax Ratios, and to Establish the 2001 Tax Rates for the County Constituent Municipalities" be read a first and second time. - Carried. Moved by Councillor Crevits Seconded by Councillor Stewart THAT By-Law No. 01-17 be read a third time and finally passed. - Carried. Moved by Councillor Rock Seconded by Councillor Wilson THAT By-Law No. 01-18 "A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the May 29th, 2001 Meeting" be read a first and second time. - Carried. Moved by Councillor Mcintyre Seconded by Councillor Stewart THAT By-Law No. 01-18 be read a third time and finally passed. - Carried. County Council 10 May 29,2001 Moved by Councillor VanBrenk Seconded by Councillor Rock THAT we do now adjourn at 12:12 P.M. to meet again on June 12, 2001 at 9:00 AM. - Carried. Warden McPhail reminded Council of the 2001 Council pictures to be taken at the next meeting at the front of the Administration Building between 11 :30 AM. and noon. The Warden also noted that the County of Elgin lettering over the Administration Building main entrance door has been installed. Mark G. McDonald, Chief Administrative Officer. Duncan J. McPhail, Warden.