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September 09, 2003 Minutes COUNTY OF ELGIN Tuesday, September 9,2003 The Elgin County Council met this day at the Administration Building, at 9:03 AM. in accordance with adjournment, with all members present. Warden Wilson in the Chair Moved by Councillor VanBrenk Seconded by Councillor Faulds THAT the minutes from the meeting held on August 14, 2003 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF- None. The Manager of Library Services introduced Supervisors Ms. Mary Lou McMillan, Dutton/ Dunwich Library; Ms. Shelley Fleming, RodneylWest Lorne Library; and Ms. Maria Smit, Belmont/Springfield Library. The General Manager of Long-Term Care introduced Ms. Carol Bradley and Ms. Sherrie Restel, new Managers of Resident Care at Terrace Lodge. REPORTS Mr. Cliff Evanitski attended at 9:05 AM. to present the annual report of the Tillsonburg District Memorial Hospital. Mr. Evanitski highlighted various aspects of the report including Patient Care Profiles and Revenues and Expenses. He noted that with more doctors on staff, the patient load was expected to increase. Warden Wilson thanked Mr. Evanitski for his presentation and for representing County Council at the Hospital Board. Moved by Councillor Mcintyre Seconded by Councillor Habkirk THAT the annual report on activities of the Tillsonburg District Memorial Hospital be received and filed. - Carried. Councillor VanBrenk presented the St. Thomas-Elgin General Hospital Annual Report and noted that the Hospital received approximately $1 M more in funding recently but would still experience a shortfall of $21 M. Moved by Councillor Crevits Seconded by Councillor Rock THAT the annual report on activities of the St. Thomas-Elgin General Hospital be received and filed. - Carried. DELEGATIONS Mrs. Jenny Phillips, Chair, Joint Elgin/Central Elgin Accessibility Advisory Committee, attended at 9: 15 AM. to present the Joint Elgin/Central Elgin Municipal Accessibility Plan. Mrs. Phillips highlighted the Committee organization, request for and input from special interest groups, solicitation for membership from East Elgin, Plan content, and Committee recommendations to eliminate barriers to disabled persons. Councillors discussed concern with the need to provide barrier-free access to facilities for the general public as well as employees due to the costs involved. Councillor Rock requested that the report be deferred to September 23rd to allow Central Elgin's Chief Administrative Officer to receive County Council 2 September 9, 2003 clarification on some items in the plan. The County Chief Administrative Officer noted that the Management Team had reviewed the document and made some editorial changes. Moved by Councillor Rock Seconded by Councillor Mcintyre THAT the Joint Elgin/Central Elgin Municipal Accessibility Plan presented by Mrs. Jenny Phillips be deferred to September 23rd, 2003 Council meeting. - Carried. Warden Wilson thanked Mrs. Phillips for her presentation and commented on the hard work completed by the Committee. Moved by Councillor VanBrenk Seconded by Councillor Stewart THAT we do now move into Committee Of The Whole Council. - Carried. REPORTS - continued Application for Minor Exception. RP 11 R-123. lot 2. Concession 1. Municipality of Central EIQin - Tree Commissioner The Tree Commissioner reported that the applicant was requesting to clear .862 hectares of trees for construction of a storm water pond. The request meets County policies and trees would be replanted or a donation made to a conservation/heritage association. Moved by Councillor McPhail Seconded by Councillor VanBrenk THAT the Application for Minor Exception to the Trees Act from Erie Heights Properties Inc., RP 11 R-123, Lot 2, Concession 1, Municipality of Central Elgin, to clear 0.862 hectares of woodlands to construct a storm water pond be approved, subject to 1500 trees being replanted or an equivalent donation being made to a local conservation/heritage association. - Carried. The Tree Commissioner left at 9:40 AM. lake Shore Line Relocation (County Road #42) Environmental Assessment Update- ManaQer of EnQineerinQ Services Mr. John Spriet attended at 9:43 AM. and presented maps detailing the proposed relocation of County Road #42 to Glen Erie Line and outlined the process followed to notify residents and interested parties. Councillors questioned costs, timing of the project, and if funds are included in the capital project's budget; as well, with the upcoming election, there may be personnel changes with differing ideas. The Manager of Engineering Services noted projects with the greatest need get done first and the cost would be incorporated in the 2004 budget. The Chief Administrative Officer noted a preferred alternative needs to be set now and Council would dictate what would be done and when. Moved by Councillor VanBrenk Seconded by Councillor Stewart THAT as the proponent of the Class EA Planning Process for the County Road 42 Relocation, Elgin County Council adopts the following County Road 42 Relocation Plan as the preferred alternative: 1. Glen Erie Line, from County Road 55 to County Road 19, is proposed to be designated as the relocated County Road 42 and reconstructed to County standards. Proposed County Council 3 September 9, 2003 improvements include road resurfacing, the construction of wider lanes and shoulders and the reconstruction of the existing bridge over the South Otter Creek (located in Lot 17, Conc. 1). 2. The section of the existing County Road 42 from County Road 50 in Port Burwell east to County Road 55 would be transferred to the Municipality of Bayham for use as a local road. Portions of Lakeshore Line have been recently improved and resurfaced. No additional improvements should be needed for the use of Lakeshore Line as a municipal road. 3. The section of County Road 42 currently closed to traffic (Lots 26 and 27) would be permanently closed by by-law. The section of County Road 42 across lots 24 and 25 would also be permanently closed by by-law on the west edge of Lot 24. The existing pavement and road granular material would be removed and regraded for future agricultural use and this property would be offered for transfer to the adjacent owners. 4. At both ends of County Road 42 and at the end of Godby Road where "dead ends" exist, turn-arounds will be constructed with appropriate signage and fencing. 5. A laneway would be constructed over a portion of the closed road, from Lot 28 west to the existing residence farm in Lot 27 (Sandyshore Farms Ltd.) 6. As part of the Relocation Plan, signs on Lakeshore Line and Glen Erie Line will be updated, and, THAT the Warden negotiate a suitable agreement with the Mayor of Bayham for the transfer of the roads as identified in the Relocation Plan; and, THAT the implementation of the Relocation Plan including a timetable and cost estimates be presented during the 2004 Capital Budget deliberations. - Carried. Warden Wilson thanked the delegation for attending and Mr. Spriet left the Chambers at 10:01 AM. Council took a break at 10:02 AM. and reconvened at 10:16 AM. The Chief Administrative Officer introduced Mr. AI Reitsma, Manager of Information Technology, to Council and commented on his prior work experience. Warden Wilson welcomed Mr. Reitsma to his new position. RenaminQ of the Dutton/Dunwich Branch Library - ManaQer of Library Services The Manager of Library Services noted that Mr. Galbraith is quite pleased with renaming of the Dutton/Dunwich Library in his honour and indicated he would donate some of his works to the Library. There would be no cost to the County other than name change on signage for which the Friends of the Library would fundraise. Councillors were concerned that the papers donated would put undue pressure on staff to handle the inquiries. The Manager of Library Services was not sure what would be received or where it would be located and may require some budget dollars in 2004. Moved by Councillor Faulds Seconded by Councillor VanBrenk THAT County Council support the proposal to change the name of the Dutton/Dunwich Reference Library to the John Kenneth Galbraith Reference Library; and, THAT a letter be sent to the Municipality of Dutton/Dunwich, indicating Council's support. - Carried Unanimously. Mrs. Phillips left at 10:24 AM. County Council 4 September 9, 2003 Robbins BridQe Closure and Removal Class Environmental Assessment - ManaQer of EnQineerinQ Services Moved by Councillor McPhail Seconded by Councillor Mcintyre THAT Robbins Bridge in the Township of Southwold be closed and removed; and also, THAT Spriet Associates complete the engineering and construction administration for the Robbins Bridge removal at a price of $5000. - Carried. Administration BuildinQ Generator Update - ManaQer of EnQineerinQ Services The Manager of Engineering Services outlined the process undertaken for the purchase of the current generator, as well as how it functioned during the recent six-day electricity blackout. Councillors discussed the option of shutting down building operations in order for the fire pump to utilize the current generator. Councillors questioned load draw details on operating systems of the fire pump when operating, as well as availability of load draw information from the company who installed the generator. Staff was directed to review criteria regarding emergency upgrades, for the JEPP grant funding that must be forwarded in September. Paragraph two will be removed from the recommendation in the report. Moved by Councillor McPhail Seconded by Councillor Faulds THAT Peter T. Mitches & Associates Limited be retained to complete engineering services for isolating power for the fire pump, emergency lighting and the County's Emergency Operations Centre at a cost not to exceed $15,000; and also, THAT the monies for this project be allocated from the Mill Rate Stabilization Reserve. - Carried Unanimously. Community Safety Zone. Municipality of Dutton/Dunwich - ManaQer of EnQineerinQ Services Moved by Councillor Habkirk Seconded by Councillor Stewart THAT By-Law No. 03-23 "Designating Community Safety Zones" be amended to include: Currie Road/Main Street (County Road #8) 499 meters each way from the crosswalk and Main Street between Currie Road and Lions Road in the Municipality of Dutton/Dunwich in the former Village of Dutton. - Carried. ECHO EnerQY Inc. Proposed GatherinQ Pipelines Installation AQreement - ManaQer of EnQineerinQ Services Councillors noted that insurance and liability issues should be borne by the Company and detailed in the agreement. Council directed the Manager of Engineering Services to share documentation with the Lower-Tier Road Superintendents once a template agreement has been developed. Moved by Councillor VanBrenk Seconded by Councillor Habkirk THAT staff be directed to have the County Solicitor draft a standard agreement for natural gas pipeline installations on County roads; and also, County Council 5 September 9, 2003 THAT the Warden and the Chief Administrative Officer be authorized and directed to enter into an agreement with Echo Energy Inc. to utilize County Roads #45 and #55 in the Municipality of Bayham to install natural gas gathering pipelines. - Carried. Minimum Maintenance Standards - ManaQer of EnQineerinQ Services Moved by Councillor Mcintyre Seconded by Councillor Faulds THAT the current Minimum Maintenance Standards By-Laws No. 96-15 and 01-30 be repealed; and also, THAT a new By-Law establishing Minimum Maintenance Standards for the Corporation of the County of Elgin Road System be prepared with changes as presented. - Carried. Councillors questioned the date for input by the Lower-Tier into the Parking By-Law and the Manager of Engineering Services will provide it later in the meeting. EnQineerinQ Survey Quote Results - Technical Services Officer Moved by Councillor VanBrenk Seconded by Councillor Stewart THAT Spriet Associates be selected to provide engineering surveys for lona Road (County Road #14) and Dexter Line (County Road #24) for their submitted price of $7,365.30 including GST; and, THAT these funds be allocated from the 2003 Capital Budget. - Carried. Miller Road Culvert - Technical Services Officer A verbal report on this culvert was given previously, however dollars requested would be exceeded due to higher than anticipated tender results and additional funding is required. Moved by Councillor McPhail Seconded by Councillor Crevits THAT the Capital Project Account for the Miller Road Culvert Replacement be increased $14,000 to $54,000 to cover actual projects costs; and, THAT these funds be allocated from efficiencies realized from the 2003 Capital Budget; and, THAT any prior resolution contrary to this be and is hereby rescinded. - Carried. Chevron SiQns and Post Quotations - Technical Services Officer Moved by Councillor Habkirk Seconded by Councillor VanBrenk THAT Chevron warning signs be purchased from Scugog Signs for their submitted price of $11,275.75 inclusive of all taxes and delivery; and also, THAT signposts be purchased from Dutton Building Products for their submitted price of $9,423 inclusive of all taxes and delivery. - Carried. County Council 6 September 9, 2003 2003 CappinQ Multi-Residential - Chief Administrative Officer presented on behalf of Director of Financial Services Moved by Councillor Habkirk Seconded by Councillor Faulds THAT, if required, the Multi-residential capping shortfall of $3,624 be funded through the Mill Rate Stabilization Reserve. - Carried. St. Thomas-Ontario Works 2003 Estimate - Chief Administrative Officer presented on behalf of Director of Financial Services Moved by Councillor Habkirk Seconded by Councillor Mcintyre THAT, due to the volatile nature of social programs, the additional 2002 surplus ($92,493) received from the City of St. Thomas remains in the social program accounts to be dealt with as part of the year-end surplus. - Carried. Review of Protek Support - ManaQer of Information TechnoloQY Moved by Councillor Faulds Seconded by Councillor Stewart THAT the report "Review of Protek Support" dated August 29,2003, from the Manager of Information Technolody be received and filed for information purposes. - Carried. Appointment to Port Burwell Marine Museum Committee - County Archivist Moved by Councillor Rock Seconded by Councillor Mcintyre THAT the County Archivist be authorized to serve on the Port Burwell Marine Museum Committee pending formal approval by the Municipality of Bayham; and THAT the Archivist will declare a conflict of interest and abstain in voting on all matters which may impact on the mandate and policies of the Elgin County Archives or the County of Elgin; and, THAT the County of Elgin shall not be liable for any decisions made by the Board and/or the Municipality of Bayham as a result of this appointment. - Carried. EIQin Manor Capital CampaiQn Update - General ManaQer. lonQ- Term Care Moved by Councillor Faulds Seconded by Councillor McPhail THAT the report "Elgin Manor Capital Campaign Update" dated September 4,2003 from the General Manager, Long-Term Care be approved and filed for information. - Carried. County Council 7 September 9, 2003 Governor General's Exemplary Service Medal. Posthumously - Chief Administrative Officer presented on behalf of EmerQency Measures Co-Ordinator Moved by Councillor Rock Seconded by Councillor Mcintyre THAT the report "Governor General's Exemplary Service Medal - Posthumously" dated September 4, 2003 from the Emergency Measures Co-Ordinator be received and filed for information. - Carried. CORRESPONDENCE Correspondence for Consideration 1. North Algona Wilberforce Township seeking support of their resolution requesting the Province to suspend the requirements of the Nutrient Management Act. 2. Donald Miller, President Elgin Federation of Agriculture, regarding candidate nominations for 2003 Elgin Agricultural Hall of Fame Awards. The following recommendation was adopted respecting Correspondence Item #1 : Moved by Councillor Habkirk Seconded by Councillor Faulds THAT Elgin County Council supports the resolution of North Algona Wilberforce Township requesting that the Province of Ontario immediately suspend the requirements of the Nutrient Management Act; and, THAT the Ontario Minister of Agriculture and Food takes a leadership role in the compensation to maintain a viable red meat industry and in re-establishing Canadian export markets. - Carried. The following recommendation was adopted respecting Correspondence Item #2: Moved by Councillor Habkirk Seconded by Councillor Crevits THAT Correspondence Item #2 be received and filed. - Carried. Correspondence for Information 1. Chantal Plante, Special Assistant, Office of the Minister of Agriculture and Agri-Food, acknowledging Council's resolution concerning financial support for livestock producers and related industries affected by the closure of export markets. 2. Premier Ernie Eves, acknowledging Council's resolution concerning development of an open, fair and competitive market in the delivery of property assessment services. 3. Canadian Fire Arms Centre, with a memo regarding "Canadians Invited to Provide Feedback on the Canadian Firearms Program". 4. Thank you card from Kim Clarke. 5. Maureen Vandenberghe, Communications & Development Coordinator, Tillsonburg & District Multi-Service Centre, with a six-month progress report and a recent newsletter pertaining to the Adult Basic Literacy program. County Council 8 September 9, 2003 6. Association of Municipalities of Ontario Member Communication "For Your Information" Nutrient ManagementlWater Update. 7. Premier Ernie Eves, acknowledging Council's resolution about the timing of elections. 8. CRTC News Release announcing new 9-1-1 rules for cell-phone carriers. 9. State of the Thames River Workshop Information. 10. Steve Peters, M. P. P., Elgin-Middlesex-London, supporting Council's resolutions to: 1) Honourable Janet Ecker, Minister of Finance, and Honourable David Young, Minister of Municipal Affairs and Housing, concerning delivery of property assessment services; 2) Honourable Helen Johns, Minister of Agriculture and Food and Honourable Lyle Vanclief, Minister of Agriculture and Agri-Food, requesting financial support to livestock industry impacted by Mad Cow Disease. 11. George Dawson, Manager Health Protection Programs, with update on West Nile virus. 12. Presentation to the Minister of Transportation, Honourable Frank Klees, entitled "Additional Funding for Transferred Highways". 13. Communities in Bloom 2003 National Symposium on Parks and Grounds Conference, September 24-26, 2003 information and Showcase Communities in Bloom magazine. 14. County of Elgin's Consolidated Financial Report, Year Ended December 31, 2002 and Auditors' Report prepared by Raven & Shaw, Chartered Accountants. 15. Honourable Janet Ecker, Minister of Finance, responding to the County's letter regarding administrative monetary penalties (AMPs) and the Ontario Securities Commission (OSC). 16. Information regarding 2003 Counties and Regions, Single Tier Municipalities and District Social Services Administration Boards Fall Conference, October 5-8, 2003. In regard to Correspondence Item #12, Councillor VanBrenk noted that many issues are going to require Provincial funding and the brief to Minister of Transportation Klees at the AMO conference was well-timed. Warden Wilson noted the delegation was well received and the brief would be followed up so it does not get lost. Minister Klees has indicated as part of their election platform that several bridges may be transferred back to the Province. Moved by Councillor Habkirk Seconded by Councillor Rock THAT Correspondence Items 1-16 be received and filed. - Carried. OTHER BUSINESS Statements/InQuiries by Members The Manager of Engineering Services, reporting on a question from earlier in the meeting, noted that September 5th was the deadline for input by the Lower-Tier into changes to the standardized Parking By-Law. Councillor Mcintyre commended the St. Thomas Fire Department on a very successful Fire Muster on the Labour Day Weekend. Councillor VanBrenk informed County Council of his decision that he would not be seeking re-election in the upcoming municipal election. County Council 9 September 9, 2003 Notice of Motion Councillor McPhail read the following Notice of Motion that he would be presenting to the September 23,2003 Council meeting. "WHEREAS the practice of electing Wardens for the County of Elgin and sitting for a two- year term has been established as acceptable, over the traditional long-standing one-year term; and, WHEREAS, in an environment where policy is the foundation that is necessary to accomplish the work that we do on behalf of the public, in a timely and organized fashion; THEREFORE BE IT RESOLVED, that a lifetime limit of two terms be established for the Office of Warden of Elgin County; and, THAT this policy be added to the policy manual with an additional clause that will show it may be amended if necessary by the unanimous consent of Council as situations may arise; and, THAT this policy be deemed retroactive." Councillor Habkirk noted concerns he had with the content of the Notice of Motion and that he could not attend the next Council meeting. The Chief Administrative Officer pointed out that Councillor Habkirk could forward a memo to Council expressing his concerns. Matters of UrQency - None. Moved by Councillor VanBrenk Seconded by Councillor Rock THAT we do proceed In-Camera to discuss personnel and labour relations issues. - Carried. Members of the audience left Chambers at 11 :35 AM. Moved by Councillor Stewart Seconded by Councillor Rock THAT we do now rise without reporting. - Carried. Moved by Councillor Rock Seconded by Councillor Crevits THAT we do adopt the recommendations of the Committee Of The Whole Council. - Carried. BY-lAWS Moved by Councillor VanBrenk Seconded by Councillor Faulds THAT By-Law No. 03-29 "A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the September 9th, 2003 Meeting" be read a first and second time. - Carried. County Council 10 September 9, 2003 Moved by Councillor Habkirk Seconded by Councillor Stewart THAT By-Law No. 03-29 be read a third time and finally passed. - Carried. Moved by Councillor VanBrenk Seconded by Councillor Rock THAT we do now adjourn at 12:26 P.M. to meet again on September 23,2003 at 9:00 AM. - Carried. Mark G. McDonald, Chief Administrative Officer. John R. Wilson, Warden.