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April 22, 2002 Minutes COUNTY OF ELGIN Monday, April 22, 2002 The Elgin County Council met this day at the Administration Building, at 9:06 AM. in accordance with adjournment, with all members in attendance except Councillor Rock. Warden Wilson in the Chair. Moved by Councillor Habkirk Seconded by Councillor Faulds THAT the minutes of the meeting held on March 26, April 4, and April 9, 2002 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF- None. DELEGATIONS Mrs. Marilyn Fleck, Consultant for the Elgin Manor Building Project, attended at 9:07 AM. to present an update on the new Elgin Manor Building Project. Photographs were on display of projected room appearance, sod-turning ceremony, sewage treatment plant, as well as, samples of flooring, brick and stone materials for the outside and inside of the building. Mrs. Fleck reported that the project is a little behind schedule but should still meet the May 2003 opening. EIQin Manor BuildinQ ProQress Report - Consultant for the EIQin Manor BuildinQ Proiect Moved by Councillor Mcintyre Seconded by Councillor Stewart THAT the report entitled "Elgin Manor Building Progress Report" dated March 15, 2002, presented by the Consultant for the Elgin Manor Building Project, be received and filed. - Carried. Contract for Architectural Services - Consultant for the EIQin Manor BuildinQ Proiect Moved by Councillor VanBrenk Seconded by Councillor Faulds THAT the Warden and the Chief Administrative Officer be authorized to sign the Agreement Form with Mekinda Snyder Partnership for professional services at 6% of the construction costs of the new Elgin Manor plus reimbursable expenses; and, THAT the necessary documents be prepared. - Carried. The delegation left at 9:21 AM. Moved by Councillor VanBrenk Seconded by Councillor McPhail THAT we do now move into Committee Of The Whole Council. - Carried. County Council 2 April 22,2002 REPORTS EIQin Woodlot Owners Association - EIQin County Tree Commissioner The Tree Commissioner reported on recent changes to the Elgin Woodlot Owners Association, which now includes Middlesex County in the membership, and that the Association's focus would involve lobbying of governments for changes to local by-laws. The Tree Commissioner also advised that he is reviewing the County's current Tree By- Law, which may require changes due to new legislation and will report back to Council on a later date with his findings. Moved by Councillor Faulds Seconded by Councillor Stewart THAT the report entitled "Elgin Woodlot Owners Association" dated April 11, 2002, presented by the Elgin County Tree Commissioner, be received and filed. - Carried. Application for Minor Exception. Lot Part 1 & A. Plan 54. ReQistered Plan 11 R2549. Part 1. Municipality of Bayham. for Construction of the Edison Museum - EIQin County Tree Commissioner The Tree Commissioner reported that an area of 30m x 45m was to be cleared for construction of a building, as well as a buffer for adjoining landowners, and that he had received no objections from the neighbours to the clearing. The Municipality of Bayham will replant trees on the property after construction has been completed. Moved by Councillor Habkirk Seconded by Councillor Crevits THAT the application for a Minor Exception to the Trees Act from the Municipality of Bayham, Lot 1 & A, Plan 54, Registered Plan No. 11 R2549 Part 1, to clear approximately 0.13 ha. of woodlands for the construction of the Edison Museum be approved, subject to 200 trees being replanted around the property after construction is complete. - Carried. The Tree Commissioner left at 9:30 AM. SiQn Policy -ManaQer of EnQineerinQ Services The Manager of Engineering Services advised that signs installed on County road allowances are too numerous and may create a safety hazard putting the County at potential liability risk. The public is told to place signs on private property, however, the instructions are often ignored, and signs are placed on County road allowances anyway. More than 400 signs throughout the County may be in non-compliance. Council had concerns with how the guidelines would impact economic development and that a compromise should be considered. Staff was directed to contact TOOS to find out if their policies may conflict with County requirements. Council tabled this report until more information is acquired through local contacts. Moved by Councillor VanBrenk Seconded by Councillor McPhail THAT the report entitled "Sign Policy" dated March 20, 2002, presented by the Manager of Engineering Services, be tabled until more information is obtained from local businesses and other municipal sign policies have been reviewed. - Carried. County Council 3 April 22,2002 DELEGATIONS The Director of Human Resources introduced Mr. Don Timmins, Heath Lambert Benefits Consulting Inc., who presented the findings of the appeal to the Workers' Compensation Board for Transfer from Schedule 1 to Schedule 2 for the Homes employees. The appeal was won and resulted in a net amount after expenditures of approximately $431,000 to be paid back to the County of Elgin. The Director of Human Resources' report "Homes Transfer from Schedule 1 to Schedule 2" was considered at this time. Moved by Councillor Habkirk Seconded by Councillor McPhail THAT the Corporation of the County of Elgin transfer the Homes for the Aged from Schedule 1 to Schedule 2, for the period of January 1, 1998 to February 28, 2001; and, THAT any credits be set aside in a Reserve until staff have conducted a complete review; and, THAT the Director of Human Resources report back to Council with options for utilization of the funds. - Carried. The delegation left at 10:09 AM. Council took a break at 10:10 AM. and reconvened at 10:28 AM. The Archivist announced that the sale of the "Tremaine Publication Atlas" has been launched and brought in copies of the book for Councillors to sign. Each Councillor was presented with a copy of the Atlas, as well as, a print of the 1864 Tremaine Map. The CAO suggested funds to frame the prints could be found in the Sesquicentennial Budget. The Manager of Library Services noted that the Atlas is priced at $75.00 each, and order forms are available in all libraries and would also be promoted at the lower-tier municipalities. Moved by Councillor McPhail Seconded by Councillor Habkirk THAT the Councillors' prints of the Tremaine Map be sent out for custom framing and the cost be expended from the Sesquicentennial Budget. - Carried. Water Service to the County Administration BuildinQ - ManaQer of EnQineerinQ Services The Manager of Engineering Services reported that due to new Ontario Building Code Regulations, the County is required to enhance the water service to the Administration Building and a new connection for fire purposes must be installed at the front of the Building. Councillors asked questions concerning pressure on pipes and pumps in the building and if tests on the lines prior to reconstruction had been done. The Manager of Engineering Services will verify specifics of pressure and flow and report back to Council. The report was deferred to give staff time to bring back further information on what equipment is required to service this building and whether what we have now is adequate. Moved by Councillor VanBrenk Seconded by Councillor Mcintyre THAT the report entitled "Water Service to the County Administration Building" dated March 15, 2002, presented by the Manager of Engineering Services, be deferred pending additional information from staff. - Carried. County Council 4 April 22,2002 Emen::Jency Detour Road Closure for February 27.2002 and Road Network Study- ManaQer of EnQineerinQ Services Councillors decided to wait until the west end roads have been toured before discussing these reports. Moved by Councillor Mcintyre Seconded by Councillor VanBrenk THAT the reports entitled "Emergency Detour Road Closure for February 27,2002" dated March 20,2002 and "Road Network Study" dated January 31,2002, presented by the Manager of Engineering Services be deferred for discussion to the May 28, 2002 meeting. - Carried. World Youth Day - Road Closures - Technical Services Officer The Technical Services Officer reported that the World Youth Day on July 22,2002 would have a heavy impact on traffic and would require closure of approximately 10 km of County Roads for public safety. A letter will be circulated to affected residents, well ahead of time, to make alternate arrangements for travel on that day. Moved by Councillor Habkirk Seconded by Councillor Crevits THAT the Manager of Engineering Services, by by-law, be authorized to close John Wise Line from Sunset Road to Yarmouth Centre Road, Fairview Road from Sparta Line to Southdale Road and Southdale Road from Sunset Road east to the St. Thomas City Limits from 7:00 AM. to 7:00 P.M. on Monday, July 22,2002, to accommodate the World Youth Day event. - Carried. Year 2002 Road SiQnaQe Quotation - Tender Results - Technical Services Officer The Technical Services Officer reported that speed zones and parking signs require replacement this year and the lowest tender is recommended. The lower-tier municipalities would be requested to consider installing the County signs. Moved by Councillor Faulds Seconded by Councillor Habkirk THAT the quotation from Scugog Signs Ltd. for $43,138.12 (plus taxes) be accepted for the manufacture and delivery of roadway signage as included in the 2002 Capital Budget. - Carried. ReQistered Dietitian Services at the Homes - Director of Homes and Seniors Services The Director of Homes and Seniors Services reported that she is not optimistic that a candidate for the Dietitian position would be found for three days per week and the position may have to be contracted out. Moved by Councillor Faulds Seconded by Councillor Crevits THAT the report entitled "Registered Dietitian Services at the Homes" presented by the Director of Homes and Seniors Services dated April 4, 2002, be approved as presented. - Carried. County Council 5 April 22,2002 Lawn Maintenance at Terrace LodQe and EIQin Manor - Director of Homes and Seniors Services The Director of Homes and Seniors Services reported that the lawn cutting equipment currently owned by the County to service the Homes is aging, no truck/float is available to transport equipment between Homes, and as this is not a core service, tenders should be issued for lawn maintenance for each of the Homes. Suggestions have been sought from residents and staff on what could be done with the significant amount of grass area at Terrace Lodge. Council directed that the lawn maintenance equipment be kept for at least one year in the event the contractor does not work out. Moved by Councillor VanBrenk Seconded by Councillor Habkirk THAT quotations for lawn maintenance, to begin as soon as possible at Elgin Manor and Terrance Lodge, be advertised; and, THAT the Director of Homes and Seniors Services, in conjunction with the Corporate Facilities Officer, be authorized to enter into a service agreement with the lowest bidder for lawn maintenance at Terrace Lodge and Elgin Manor; and, THAT the Director of Homes and Seniors Services, in conjunction with the Corporate Facilities Officer, be authorized to explore the feasibility of outsourcing snow removal for all County Homes and report to Council for their decision by September 5, 2002; and, THAT the Director of Homes and Seniors Services be authorized to establish a committee that would seek input from the Residents' Council, staff, and the community-at-Iarge, regarding the feasibility of enhancing the 18 acres of grass-cutting area, or portion(s) thereof, for the benefit of our Residents at Terrace Lodge and report to Council for their decision by October 1, 2002. - Carried. Terrace LodQe 25th Anniversary Celebration - Director of Homes and Seniors Services The Director of Homes and Seniors Services reported that the Terrace Lodge 25th Anniversary Celebration is scheduled for Thursday, June 2ih at 4:00 P.M. A request for $2500 for funding of the planned activities is being submitted for consideration. Moved by Councillor Faulds Seconded by Councillor VanBrenk THAT the request for $2500 for the Terrace Lodge 25th Anniversary Celebration be approved and allocated from the 2002 operating budget; and, THAT the Director of Homes and Seniors Services be authorized to arrange the events for the Anniversary Celebration and to purchase appropriate materials to ensure a successful quarter-century tribute to the Home, its Residents, the Community of East Elgin, and the County of Elgin. - Carried. Correspondence for Consideration 1. Janisse Zimmerman, Clerk-Administrator, Municipality of Bluewater, requesting support of a resolution petitioning the Ministry of the Environment to provide a program for the repair/replacement of septic systems based on the tile drain loan program. 2. Ann Mulvale, President, Association of Municipalities of Ontario, with information for Council regarding the "Ontario Promise" initiative and asking municipalities to consider becoming involved as an Organization of Promise. 3. Brenda Andreatta, Director of Council Services and Deputy Clerk City of Windsor, with a resolution urging the Ontario government and the Premier to immediately delay the deregulation of Ontario's electricity industry. County Council 6 April 22,2002 4. James D. Smyth, CAO/Clerk, Town of Haileybury, with a resolution requesting that the Ministry of Transportation compensate the Town and affected municipalities for costs associated with the maintenance and operations of the sections of municipal roadway used as detours while Highway 11 is closed for emergency purposes. 5. Tony C.L. Wong, Falun Dafa Association of Canada, requesting a resolution of support from County Council condemning China's persecution against Falun Gong Practitioners. 6. Sharon Dawson, Manager of Support Services, Thames Valley District School Board, announcing the approval for the disposition of 'Surplus Real Property" by the Board and asking if the County has an interest in purchasing any or all of the five properties offered. 7. Cynthia L. St. John, CAO, Elgin St. Thomas Health Unit, with request to use the County's charitable registration number for a grant application. The following recommendation was adopted respecting Correspondence Item #1 : Moved by Councillor Habkirk Seconded by Councillor McPhail THAT the Council of the County of Elgin supports the resolution of the Municipality of Bluewater petitioning the Ministry of the Environment to provide a program for the repair/replacement of septic systems based on the tile drain loan program provided by the Ministry of Agriculture, Food and Rural Affairs. - Carried. The following recommendation was adopted respecting Correspondence Item #2: Moved by Councillor Habkirk Seconded by Councillor Faulds THAT the Corporation of the County of Elgin agrees in principle to become a partner of the Organization of Promise to secure a healthy and successful future for all of Ontario's Children. - Carried. The following recommendation was adopted respecting Correspondence Item #3: Moved by Councillor Habkirk Seconded by Councillor Faulds THAT the Council of the County of Elgin supports the resolution of the City of Windsor urging the Ontario Government and the Premier to immediately delay the deregulation of Ontario's electricity system; and, THAT the Ontario Government consult with local municipalities to answer concerns regarding the production of energy as it relates to electricity rates. - Carried. The following recommendation was adopted respecting Correspondence Item #4: Moved by Councillor Habkirk Seconded by Councillor McPhail THAT the Council of the County of Elgin supports the resolution of the Town of Haileybury requesting that the Ministry of Transportation pay all costs associated with the maintenance and operation of municipal roadways used as detours while Highway 11 is closed for emergency purposes. - Carried Unanimously. County Council 7 April 22,2002 Moved by Councillor Habkirk Seconded by Councillor Mcintyre THAT Correspondence Item #5 be received and filed. - Carried. Moved by Councillor Habkirk Seconded by Councillor Crevits THAT Correspondence Item #6 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #7: Moved by Councillor Habkirk Seconded by Councillor Mcintyre THAT the Council of the County of Elgin approve the request from the Elgin-St. Thomas Health Unit to use the County of Elgin Library charitable registration number to apply for a grant from the Canadian Living Foundation to assist in hiring a co-ordinator to implement a breakfast and snack program in Elgin County. - Carried. Items for Information - (Consent AQenda) 1. AMO Member Communication ALERT 1) Tory Leadership Candidates and Their Policy Platforms AMO Member Communication "For Your Information" 1) Province Appoints Social Housing Services Corporation Board of Directors. 2. Fraser Spittal, Chairperson, The Municipal Advisory Committee For the Disabled Persons, City of Kawartha Lakes, announcing a one-day seminar for municipalities required by the Ontario Disability Act to set up an Advisory Committee for the Disabled Persons. 3. James Knight, Chief Executive Officer, Federation of Canadian Municipalities, thanking the County for renewing membership with the FCM. 4. David L. Lindsay, President and CEO, Ontario SuperBuild Corporation, Ministry of Finance, with a copy of the SuperBuild's Progress Report for 2001-2002. 5. John King, Assistant Deputy Minister, Health Care Programs, Ministry of Health and Long-Term Care, advising of the County's eligibility to receive a special grant of $135,000 through the Ministry and Ontario SuperBuild. 6. Dave Hill, President, CUPE 4222, CUPE.SCFP, announcing the discontinuation of the Buddy Bear Program. 7. Steve Peters, M.P.P. and the Czerewko Family, thanking County Council and stafffor the flowers in memory of their mother. 8. Government of Canada, News Release, announcing the launch of Canada's Innovation Strategy - Achieving Excellence: Investing in People, Knowledge and Opportunity Knowledge Performance. 9. Marilyn Fleck, announcing the Region One O.A.N.H.S.S. Annual Golf Tournament "The Paul Johnson Invitational" to be held on Friday, June 15, 2002 at Wardsville Golf Club. 10. Sylvia Hofhuis, President, Board of Directors and Laurie Carroll, Chair, Community Relations Committee, Elgin Association of Community Living, announcing the "Nifty County Council 8 April 22,2002 50's Evening with Dave Hoy" fundraising event to be held on May 10, 2002 at St. Anne's Centre. 11. Reminder for the FCM 65th Annual Conference and Municipal Expo, to be held in Hamilton, Ontario May 31-June 3, 2002. 12. Father Thomas Rosica, National Director and CEO, World Youth Day 2002, with an update on the World Youth Day 2002 event to be held July 18-28, 2002 and the impact on the municipalities involved. 13. John Georgakopoulos, Ontario Ministry of the Environment and Lora Ward, Environment Canada - Ontario Region, with information regarding reporting software available for reporting annual and smog season emission data to the MOE. 14. Karen Haslam, Mayor, City of Stratford, with an invitation and registration form for officials and municipal staff to the "Civic Night at the Festival Theatre", Friday, June 14th, 2002 at 8:00 p.m. Moved by Councillor Habkirk Seconded by Councillor Stewart THAT Correspondence Items #1-14 be received and filed. - Carried. OTHER BUSINESS Statements/InQuiries by Members Councillor VanBrenk noted that information on the Toronto Rehabilitation Institute was provided in Councillors' packages. Councillor Habkirk asked if the Operating and Capital Budgets from the St. Thomas-Elgin General Hospital had been provided and Councillor VanBrenk advised that he has not requested the information but will do so. Councillor McPhail informed Council of the retirement of Marg Berry from the St. Thomas Times-Journal and asked Council to consider some form of recognition for her years of service to Elgin and her excellent reporting of the proceedings of Council. The Warden advised that he would send a letter of gratitude and congratulations to Marg, along with a gift from the County. Councillor McPhail reported that the FACE Committee is circulating information regarding Nutrient Management Planning and asked if other Lower-Tier municipalities have revised their by-laws and planning matters to protect themselves. He noted that legislation is not slated for up to 18 months and plans and by-laws are needed for good planning in municipalities. Notice of Motion - None. Matters of UrQency - None. Council recessed at 11 :51 AM. and reconvened at 12:50 P.M. Warden Wilson announced that the grand opening of the Springfield Community Recreational Centre would be on May 25th, 2002 and more details would be forthcoming. Moved by Councillor VanBrenk Seconded by Councillor Mcintyre THAT we do now proceed In-Camera to discuss property and legal matters. - Carried. The Elgin County Tree Commissioner and Mr. Paul and Mrs. Carol DeRyk attended at 1 :20 P.M. and left at 1 :58 P.M. County Council 9 April 22,2002 Senior Staff, except for the Director of Homes and Seniors Services, Director of Human Resources and Chief Administrative Officer, were excused at 2: 1 0 P.M. Moved by Councillor VanBrenk Seconded by Councillor McPhail THAT we do now rise and report. - Carried. Moved by Councillor Crevits Seconded by Councillor Stewart THAT the Warden and the Chief Administrative Officer be authorized and directed to sign a renewal lease with Family & Children's Services of St. Thomas and Elgin for Suite 301 on the 3rd floor of the County Administration Building, for an additional nine (9) months to expire on March 31, 2002. - Carried. Moved by Councillor Mcintyre Seconded by Councillor McPhail THAT the confidential letter to Sani Tech Communal Systems be approved for forwarding by the County Solicitor. - Carried. Moved by Councillor Faulds Seconded by Councillor Stewart THAT the 2002 staff complement at Terrace Lodge be increased by one (1) full-time registered nurse; one (1) summer student in housekeeping at Elgin Manor; two (2) summer students in nursing at Bobier Villa; and, four (4) casual registered staff positions for an all- Homes casual pool; THAT the Director of Homes and Seniors Services and the Director of Human Resources begin recruitment for these added positions immediately; and, THAT the Director of Homes and Seniors Services be directed to finance this increase in the 2002 staff complement through efficiency savings from the Homes' total 2002 approved operating budget, with the understanding that should this not be possible, Council will be apprized in a timely manner. - Carried. Moved by Councillor Crevits Seconded by Councillor VanBrenk THAT County staff be directed to formulate a policy governing the purchase and presentation of County rings and report back at a future meeting. - Carried. Moved by Councillor Crevits Seconded by Councillor Faulds THAT we do adopt the recommendations of Committee of the Whole Council. - Carried. Tree By-Law Infractions A letter will be composed advising that the County will be taking a zero tolerance policy towards Tree By-Law infractions and forwarded to landowners, contractors, and equipment operators, and will also be sent to the Lower-Tier with a request to distribute it with the tax notices. County Council 10 April 22, 2002 BY-LAWS Moved by Councillor McPhail Seconded by Councillor Stewart THAT By-Law No. 02-10 "Being a By-Law to Provide for the Adoption of the 2002 Budget of the Corporation of the County of Elgin and to Establish the 2002 Tax Ratios, and to Establish the 2002 Tax Rate for the County Constituent Municipalities" be read a first and second time. - Carried. Moved by Councillor Crevits Seconded by Councillor Faulds THAT By-Law No. 02-10 be read a third time and finally passed. - Carried. Moved by Councillor VanBrenk Seconded by Councillor Mcintyre THAT By-Law No. 02-11 "A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the April 22, 2002 Meeting" be read a first and second time. - Carried. Moved by Councillor VanBrenk Seconded by Councillor Stewart THAT By-Law No. 02-11 be read a third time and finally passed. - Carried. Moved by Councillor McPhail Seconded by Councillor Mcintyre THAT we do now adjourn 2:41 P.M. to meet again on May 14, 2002 at 9:00 AM. - Carried. Mark G. McDonald, Chief Administrative Officer. John R. Wilson, Warden.