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May 14, 2002 Minutes COUNTY OF ELGIN Tuesday, May 14, 2002 The Elgin County Council met this day at the Administration Building, at 9:08 AM. in accordance with adjournment, with all members in attendance. Warden Wilson in the Chair. Moved by Councillor VanBrenk Seconded by Councillor Mcintyre THAT the minutes of the meeting held on April 22,2002 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF- None. DELEGATIONS Ms. Mary-Ellen Hicknell of St. Thomas REACT was to appear before Council at 9:15 AM., but due to a death in her family, has rescheduled to May 28,2002. Mr. Fred Slater, Municipal Relations Representative and Mr. Dennis McMeekin, Municipal Property Assessment Corporation (MPAC), and Mr. Barry Sinclair, Senior Policy Advisor, Ontario Ministry of Agriculture and Food (OMAF), attended at 9: 1 0 AM. to discuss Council's concerns regarding investigation of sudden changes from the "farmland tax class" to "residential/farmland tax class". Mr. Sinclair presented, by PowerPoint, the process and documentation involved for a property to receive a farm tax rate designation. The presentation provoked many questions from Council, some of which were: missing deadlines; inability to understand forms or process; not knowing previous owners did not send in forms; and mailings going astray. Council requested Mr. Sinclair to discuss with the Ministry, and respond in writing, the possibility of using Elgin County as a pilot project by flagging sudden changes in farmland designation and forwarding notices to the municipality involved for investigation, at the same time notices are sent to property owners. Moved by Councillor Stewart Seconded by Councillor Faulds THAT we do now move into Committee Of The Whole Council. - Carried. REPORTS Lower-Tier Municipalities Winter Maintenance Operations EmerQency Detour Road Closure - ManaQer of EnQineerinQ Services Council discussed the ongoing problem with emergency closures of Highway 401 by the Province, and because traffic is routed onto local roads, the Province should be responsible to pay for damages caused to the roads by these detours. Questions arose regarding insurance, liability issues, and possibility of compensation from the Province for MTO emergency detours. The Manager of Engineering Services was directed to discuss these issues with the Frank Cowan Company. OGRA is discussing emergency detours with the Province and the Manager of Engineering Services will request that the County make a presentation at a future meeting. The 400 Series Highway Detours was discussed among other issues at a meeting with the Minister of Municipal Affairs and Housing and the Western Ontario Wardens, Eastern Ontario Wardens, and Regional Chairs at the OGRA Conference. The draft minutes will be forwarded to the MTO along with invoices for damages on local roads. County Council 2 May 14, 2002 Moved by Councillor McPhail Seconded by Councillor Mcintyre THAT the report entitled "Lower-Tier Municipalities Winter Maintenance Operations Emergency Detour Road Closure" dated April 26, 2002 from the Manager of Engineering Services be received and filed. - Carried Unanimously. CrossinQ WarninQ System - FerQuson Line (County Road #48) Canadian National Railway Mile 11.35 Talbot Subdivision - ManaQer of EnQineerinQ Services The Manager noted that installation of bells, flashing signals and widening the road should be done for the public safety and would cost the County 12.5% of the $125,000 estimate. Moved by Councillor VanBrenk Seconded by Councillor Faulds THAT the Warden and the Chief Administrative Officer be authorized to enter into an agreement with Canadian National Railway Company for the installation of a standard funded new crossing warning system on Ferguson Line (County Road #48) Mile 11.35 Talbot Subdivision. - Carried. EIQin County Pioneer Museum ReQuest for Proposal for Architectural Services- ManaQer of EnQineerinQ Services Moved by Councillor Faulds Seconded by Councillor Rock THAT The Ventin Group complete the architectural design, tender, inspection and administer the rehabilitation for the Elgin County Pioneer Museum (32 Talbot Street, St. Thomas) at their total cost of $30,450 (plus GST). - Carried. Water Service for the Administration BuildinQ - Update - ManaQer of EnQineerinQ Services The Manager noted he received word from the County's insurer that the building would not be covered by insurance if the fire system is not updated according to the Building Code during reconstruction for water services. An agreement has been signed with the Province that the County will separate from the current provision of water for consumption and fire protection from the Psychiatric Hospital. Councillors were very concerned with the cost of installing a fire pump that may never be used because it will not be manned until the fire department arrives and may not be needed even by them. The Manager was directed to request in writing the advice from the insurance company and the order from the Fire Chief regarding provision of fire services. Moved by Councillor McPhail Seconded by Councillor VanBrenk THAT staff be directed to install a fire pump and fire department connection, at an estimated cost of $75,000 for the Administration Building; and, THAT the funds for the fire pump and fire department connection be allocated from the waterline reserve; and further, THAT staff request and receive written documentation from the Frank Cowan Company and the Central Elgin Fire Chief requiring the County to install said equipment prior to proceeding with the work. - Carried. County Council 3 May 14, 2002 Road Network Study - Another Approach - ManaQer of EnQineerinQ Services The Manager was directed to include the chart from the previous report of January 31, 2002 prior to forwarding to the Lower-Tier Municipalities. Moved by Councillor Habkirk Seconded by Councillor Faulds THAT the report entitled "Road Network Study" dated January 31,2002 from the Manager of Engineering Services be approved as amended by the report of April 25, 2002 for distribution to local municipalities in Elgin County for their consideration. - Carried Unanimously. Frank Drain Outlet Petition - Technical Services Officer The Technical Services Officer noted that this private drain has breached and will eventually cause flooding to Sparta Line. Engineering Services has petitioned the Municipality of Central Elgin, under the Drainage Act, to incorporate this as a municipal drain. Moved by Councillor Mcintyre Seconded by Councillor VanBrenk THAT the report entitled "Frank Drain Outlet Petition" dated April 11 ,2002 from the Technical Services Officer be received and filed. - Carried. Guide Rail Supply and Installation Proiect - Technical Services Officer Moved by Councillor Rock Seconded by Councillor McPhail THAT Royal Fence Limited be selected to supply and install guide rail systems for their submitted price of $230,585 including GST. - Carried. Lakeshore Line Relocation - Environmental Assessment EnQineerinQ Services- Technical Services Officer Moved by Councillor Stewart Seconded by Councillor Faulds THAT Spriet Associates be retained to complete the Municipal Class EA for the proposed relocation of Lakeshore Line in the Municipality of Bayham for their submitted fee of $26,500 plus GST; and, THAT Spriet Associates may on behalf of the County of Elgin retain sub-consultants to complete sub-studies to support the project; and, THAT the total project cost of $50,000 not be exceeded without approval from County Council; and further, THAT these funds be taken from the amounts remaining from the Lake Erosion Maintenance allocation in the approved 2002 Capital Budget and the remaining funds to be taken from any efficiencies realized in the approved 2002 Capital Budget. - Carried Unanimously. Actuarial Study for WSIB Rebate Funds - Director of Human Resources Council previously requested staff to report on options for usage of savings realized by transferring Homes to WSIB Schedule 2. County Council 4 May 14, 2002 Moved by Councillor Habkirk Seconded by Councillor Crevits THAT Heath Lambert be engaged to conduct an actuarial study for the County of Elgin according to the terms and conditions of the proposal for a fee not to exceed $10,000 plus GST; and, THAT the fee be allocated from funds in the current WSIB reserve. - Carried. Supplemental Report to Attendance ManaQement Policy Amendments - Director of Human Resources The amendments to the Attendance Management Policy were previously supported in principle by Council and have been thoroughly discussed with the Unions. One bargaining Unit did not agree with all items, however the changes are legislated and must be implemented. Moved by Councillor Faulds Seconded by Councillor Habkirk THAT the amendments to Human Resources Policy 9.30 Attendance Management System be approved and the Human Resources Department provide information sessions with the employees to better understand the policy and recent changes. - Carried. Policy Amendments - Director of Human Resources Moved by Councillor Rock Seconded by Councillor Mcintyre THAT the amendments to Human Resources Policies 2.10 Hours of Work/Alternative Work Arrangement, 2.90 Harassment, and 6.10 Stat Holiday Pay be approved. - Carried. Council Remuneration - One Third Tax Free Allowance - Deputy Clerk Changes to the Municipal Act have necessitated that all municipal councils pass resolutions prior to January 1, 2003 to continue the one-third tax-free allowance on remuneration paid to Councillors. Moved by Councillor Habkirk Seconded by Councillor Faulds THAT the Council of the Corporation of the County of Elgin, in accordance with Section 255(1) and (2) of the Municipal Act, as amended by Section 478(10) of Bill 111 , shall continue to apply a one-third tax free allowance on remuneration paid to its Warden and Councillors deemed to be for expenses incidental to the discharge of duties as a member of the Councilor its local boards. - Carried. Purchase of Microfilm Reader Printer-Archives - Archivist The Archivist indicated that a report would be presented shortly with suggested fees for services for copies of microfilmed items. The Manager of Library Services noted that County items stored at St. Thomas Library are being catalogued and staff is working on an agreement for the transfer of these County-owned materials to the County. County Council 5 May 14, 2002 Moved by Councillor VanBrenk Seconded by Councillor McPhail THAT a Canon Ms-400 Digital Microprinter be purchased from Polar Imaging of London; and, THAT additional supplies to support the use of this machine (such as toner) be purchased from this vendor; and, THAT the total amount of these expenditures is not to exceed $15,000 as approved in the 2002 Capital Budget. - Carried. The Archivist announced that the framed Tremaine Maps are available for each Councillor to pick up and one copy would be placed in the Warden's Office. Signed copies of the Atlas are also available for each Councillor and six additional copies are on the table for signing. Sustainability FundinQ for Public Internet Access - ManaQer of Library Services The Library has been successful in receiving a grant to improve connectivity between the County Building and Branch Libraries. Much discussion ensued regarding connectivity issues and the impact it may have on ElginConnects. Staff noted that ElginConnects initiatives may not be known until 2003 and this grant may be lost if not accepted now. Moved by Councillor McPhail Seconded by Councillor Stewart THAT County Council accept the grant of $50,000 from Industry Canada for sustainability for public internet access and approve the content of the report entitled "Sustainability Funding for Public Internet Access" dated April 23, 2002 from the Manager of Library Services. - Carried. The Manager of Library Services introduced Mr. Peter Biondi, Regional Information Co- Ordinator for Middlesex and Elgin, Ministry of Agriculture and Food, who is observing Council meetings to take concerns back to the Ministry. Warden Wilson invited him to lunch. Council recessed for lunch at 12:05 P.M. and reconvened at 12:51 P.M. with all members in attendance except Councillors Crevits and Faulds (arrived at 1:40 P.M.). Mr. John Wise and Ms. Diane Reitberger attended at 12:51 P.M. and left at 1 :34 P.M. Moved by Councillor VanBrenk Seconded by Councillor Stewart THAT we do now proceed In-Camera to discuss a financial matter. - Carried. Moved by Councillor Habkirk Seconded by Councillor Stewart THAT we do now rise without reporting. - Carried. REPORTS POA Collections - EmerQency Measures Co-Ordinator The Emergency Measures Co-Ordinator indicated that $3M in fines are outstanding from back as far as 20 years which the Province has not pursued. Staff are investigating County Council 6 May 14, 2002 collection processes and strategies for the development of a policy to retrieve these fines. As part of such policy, staff is seeking direction from Council regarding the amount it wishes to write-off on a Provincial Offences ticket. Moved by Councillor Habkirk Seconded by Councillor VanBrenk THAT a policy be adopted providing for Provincial Offences' staff to pursue all partially paid tickets or late charges having a value of $20 or more and to allow an offender an additional fifteen days to pay the outstanding amount. - Carried. ManaQement Team Retreat - Chief Administrative Officer A day has been tentatively planned for senior staff to discuss stress in the workplace and other projects and initiatives. In light of proposed changes to the Municipal Act, Council directed that a further retreat or meeting be held with Council to discuss the core services the County is required to deliver. The Management Team will evaluate and report to Council with a list of priorities to be discussed at a special Council meeting. Moved by Councillor VanBrenk Seconded by Councillor Habkirk THAT the Management Retreat scheduled for June 7,2002 be approved and the funds for the exercise be allocated from the Strategic Planning Reserve Account. - Carried. HiQh Speed Network in Western EIQin County - ManaQer of Information TechnoloQY Slow connectivity speed in the west end of the County has been an ongoing problem and affects the transfer of data between two Homes and the County Administration Building. Savings, if the technology is put into place, cannot be answered in dollars, but in freeing up staff time to do other tasks by not having to wait for data to appear on the screen. Again, questions regarding proceeding with connectivity issues and the impact on ElginConnects were posed. Staff indicated the report was discussed with ElginConnects and they were not uncomfortable with what was being proposed. Warden Wilson asked Mr. Biondi to speak to Council regarding his former involvement with the ConnectOntario Program. Mr. Biondi indicated funding from ConnectOntario is for municipal enterprise and what Elgin County requires should drive ElginConnects initiatives. The service contract is for a one- year term and Council directed this be added to the recommendation as well as that we stay in contact with ElginConnects throughout the process. Moved by Councillor Habkirk Seconded by Councillor VanBrenk THAT high speed equipment be placed in Elgin Manor and Bobier Villa; and, THAT the Novell Server in the County Administration Building be upgraded to support the networking requirements at the Homes; and, THAT the cost of the hardware upgrades and installation ($16,000 plus taxes) come from the IT reserve account and that the operating costs ($7,000 plus taxes) come from the Homes 2002 Operations Budget; and, THAT the service contract be for a one-year term to be reviewed with Council prior to renewing for a further period; and further, THAT Elgin Connects be apprised of these efforts and any other potential projects that may have greater application to the overall plan for Elgin and St. Thomas. - Carried. County Council 7 May 14, 2002 Correspondence for Consideration 1. Cathie L. Best, Town Clerk, Town of Oakville, requesting support for its resolution urging the Government of Ontario to conduct a review of the mandate of the Ontario Municipal Board. 2. S1. Thomas & District Chamber of Commerce, with an invoice for the 2002 Membership Fee. 3. Tom Cunniffe, Chair, Board of Governors, S1. Thomas-Elgin General Hospital, announcing the establishment of a task force to generate ideas to address the issue of continued accessibility to rehabilitation services. 4. Sandra Jack, Acting Mayor, City of Kawartha Lakes, requesting support for their resolution concerning the financial state of our farming communities and the implementation of a long-term safety net program. 5. Karen Landry, Town Clerk, Town of Halton Hills, with a resolution requesting that the Province of Ontario develop uniform smoking regulations, across the province, for all public places including bars and restaurants. The following recommendation was adopted respecting Correspondence Item #1 : Moved by Councillor Habkirk Seconded by Councillor Mcintyre THAT the Council of the County of Elgin supports the resolution from the Town of Oakville urging the Government of Ontario to conduct a review of the mandate of the Ontario Municipal Board. - Carried. The following recommendation was adopted respecting Correspondence Item #2: Moved by Councillor Mcintyre Seconded by Councillor Rock THAT the Corporation of the County of Elgin take out membership with the S1. Thomas and District Chamber of Commerce for 2002 in the amount of $140.00. - Carried. The following recommendation was adopted respecting Correspondence Item #3: Moved by Councillor Habkirk Seconded by Councillor Faulds THAT Correspondence Item #3 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #4: Moved by Councillor Faulds Seconded by Councillor Habkirk THAT the Council of the County of Elgin supports the resolution of the City of Kawartha Lakes concerning the financial state of our farming communities and the need to implement a long-term safety net program that addresses the needs of the farming industry. - Carried. Moved by Councillor Rock Seconded by Councillor Habkirk THAT Correspondence Item #5 be received and filed. - Carried. County Council 8 May 14, 2002 Correspondence for Information - (Consent AQenda) 1 . Letters of appreciation for grant approvals: a) St. Thomas Elgin Public Art Centre b) Tillsonburg & District Multi-Service Centre c) Talbot Settlement Bi-Centennial Committee d) St. Thomas-Elgin Tourist Association 2. Ann Tuplin, City Manager, City of Sarnia, informing Council of its request to the Provincial and Federal Governments for funding to assist with shoreline protective works for property owners in the Lake Huron shoreline area of the City. 3. AMO Member Communication - For Your Information 1) AMO Announces Details of the New Ontario Centre for Municipal Best Practices; 2) AMO Comments on "Canada's Urban Strategy" AMO Member Communication - ALERT 1) AMO Rejects MOE Administrative Monetary Penalties Proposal; 2) New Taxation Regulations Released; 3) AMO President Lends Support to OMA Report on Physician Shortages; 4) AMO Responds to OMERS Devolution Consultation. 4. Ms. Marie Turvey, Chair, Board of Health, Elgin St. Thomas Health Unit, requesting the Ministry of Health and Long-Term Care to confirm acceptance of Dr. Sharon Hertwig as the Acting Medical Officer of Health for Elgin County. 5. Township of Malahide, with an invitation to attend the Official Opening Ceremony for the Springfield & Area Community Service Building on May 25, 2002 at 11 :00 AM. 6. Letters supporting County Council's support for the County of Renfrew's resolution requesting the Government of Ontario to quash the proposed Administrative Monetary Implementation Policy: a) Municipality of Central Elgin b) Town of Aylmer c) Township of Malahide. 7. James W. Knight, Chief Executive Officer, Federation of Canadian Municipalities, with Consent Form and election procedures for FCM's National Board of Directors election to be held on June 3rd, 2002. 8. Peter Hume, Chairman MPAC Board of Directors, with a copy of the 2001 Annual Report and Financial Statement. 9. Bryan Clarke, Chief Administrative Officer, Association of Ontario Road Supervisors, with an invitation and registration form for the 2002 Municipal Trade Show, June 4-5, 2002, at the Cornwall Civic Complex & Convention Centre. 10. Steve Peters, M. P. P., Elgin-Middlesex-London, supporting Council's resolutions to: a) The Honourable Jerry Quellette, Minister of Natural Resources, regarding protection and conservation of water through development of provincial water policy. b) The Honourable Martin Cauchon, Minister of Justice and Attorney General of Canada and the Honourable David Young, Attorney General, calling for the Federal and Provincial Governments to provide the necessary powers and funding to schools to deal with the violent behaviour of troubled youths. c) The Honourable Chris Stockwell, Minister of the Environment: 1) regarding the protection of the environment and potable drinking water; 2) calling on the government to enact legislation requiring producers to reduce the packaging of goods at the source of distribution and retailers to take back packaging materials. d) The Honourable David Young, Attorney General, regarding the need for legislation to strengthen the systems of sentencing, corrections, and parole and release. e) The Honourable Tony Clement, Minister of Health and Long-Term Care: 1) concerning the re-establishment of outpatient rehabilitation services at the St. Thomas-Elgin General Hospital; 2) calling on the government to establish a fund for nurse practitioner positions across Ontario. County Council 9 May 14, 2002 11. Copy of the "DRAFT" minutes of the meeting with the Honourable Chris Hodgson, Minister of Municipal Affairs and Housing on February 25, 2002, at the Royal York. 12. Federation of Canadian Municipalities, Green Municipal Funds Update - "Green Municipal Funds Investments of $1.2 Million to Improve Municipal Infrastructure and the Environment". 13. Paul Baldwin, Chairman, East Elgin Medical Facility, acknowledging Council's letter of March 28 concerning their request for funding and advising that the Board of Management will be providing Council with further information. 14. Elgin-St. Thomas United Way Services Financial Statements - December 31, 2001. 15. Brian Klunder, Special Assistant - Ontario, Office of the Minister of Transport, concerning Council's resolution regarding public infrastructure in Ontario. 16. The Honourable Gar Knutson, PC, MP, Secretary of State, Central and Eastern Europe and Middle East, regarding Council's concern with the pending closure of outpatient rehabilitative services at St. Thomas-Elgin General Hospital. 17. Terry Carroll, CEO, United Way of Elgin-St. Thomas, introducing Keith Nap, Lear Plant Manager, as co-chair with Ken Monteith for this year's 2002 campaign and announcing up-coming events in the community. 18. Marjorie Wilcox, Senior Manager, Planning, Finance & Corporate Support, Ministry of Health and Long-Term Care, confirming a one-time medical equipment grant of $135,000 to the County of Elgin to purchase land ambulance vehicles and equipment for response time improvements. 19. Cynthia St. John, C.AO., Elgin St. Thomas Health Unit, with Auditors' Report and Financial Statements to December 31,2001. Moved by Councillor Habkirk Seconded by Councillor VanBrenk THAT Correspondence for Information Items #1-19 be received and filed. - Carried. OTHER BUSINESS Statements/InQuiries bv Members Councillor Habkirk invited Council and staff to sponsor him for the June Heart and Stroke bike-athon. Councillor Rock indicated that a ratepayer on Centennial Road had contacted him regarding rollover of his riding lawn mower when cutting his lawn near the roadway due to the steep slope. He has received complaints from other property owners as well. Councillor Rock requested that Engineering Services look at fixing the ditches on the roadway and develop criteria for acceptable slope grades. Warden Wilson suggested that Councillor Rock, the Manager of Engineering Services, and the Chief Administrative Officer conduct a site visit to review the problem. Councillor McPhail noted that he and Councillor Mcintyre had attended Mayor McNeil's funeral last week. Councillor McPhail indicated that a meeting would be held at the County Administration Building on Thursday evening at which the Minister of Agriculture would be attending. The purpose of the meeting is for general discussion with the farming community and invited the Mayors to attend if they wished. Notice of Motion - none County Council 10 May 14, 2002 Matters of UrQency - none Moved by Councillor VanBrenk Seconded by Councillor Mcintyre THAT we do now proceed In-Camera to discuss personnel and legal matters. - Carried. Staff was excused except the Chief Administrative Officer at 3: 18 P.M. Moved by Councillor VanBrenk Seconded by Councillor Mcintyre THAT we do now rise and report. - Carried. Moved by Councillor Stewart Seconded by Councillor Faulds THAT the Warden and the Chief Administrative Officer be authorized and directed to sign a Lease Agreement with Brad Bedford for Room #246 in the County Administration Building for a two (2) year term, from July 1, 2002, at the rate of $13.00 per square foot. - Carried. Moved by Councillor VanBrenk Seconded by Councillor Rock THAT the County Chief Administrative Officer be authorized and directed to consent to the sale of property known as 1 Wellington Street, St. Thomas and agree, on behalf of the County, to accept the net sale proceeds of the property (less specified costs), and to granting of an Order by the Ontario Court of Justice in the appropriate form. - Carried. The Chief Administrative officer updated Council on two Human Resources issues for their information. Moved by Councillor Faulds Seconded by Councillor Habkirk THAT expenses for the Warden and County Councillors' fax machines be circulated to Members of Council for approval. - Carried. Council was apprised of the status of discussions with CN Rail regarding the CASO Subdivision. Moved by VanBrenk Seconded by Councillor Mcintyre THAT we adopt the recommendations of the Committee Of The Whole Council. - Carried. Moved by Councillor Rock Seconded by Councillor Stewart THAT By-Law No. 02-12 "A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the May 14, 2002 Meeting" be read a first and second time. - Carried. County Council 11 May 14, 2002 Moved by Councillor Stewart Seconded by Councillor Rock THAT By-Law No. 02-12 be read a third time and finally passed. - Carried. Moved by Councillor McPhail Seconded by Councillor Mcintyre THAT we do now adjourn at 4:35 P.M. to meet again on May 28,2002 at 9:00 AM. - Carried. Mark G. McDonald, Chief Administrative Officer. John R. Wilson, Warden.