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April 27, 2004 Minutes COUNTY COUNCIL Tuesday, April 27, 2004 The Elgin County Council met this day at the Administration Building, at 9:02 AM. in accordance with adjournment, with all members present Warden Rock in the Chair. Moved by Councillor Baldwin Seconded by Councillor Warwick THAT the Minutes for the meeting held on April 13, 2004 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF- Councillor Wilson declared a conflict, left the room and refrained from discussing the report on "Decommission of Wells on Union Road and Centennial Road", as his firm has tendered on the project. PRESENTATIONS Warden Rock presented a certificate and gifts to Carol Beauchamp in recognition of her retirement and more than 22 years of service to Elgin Manor. DELEGATIONS Mr. John Maddox, Southwestern Services Director, and Mr. Roger Moyer, Manager of Local Government Section, Ministry of Municipal Affairs and Housing, attended at 9:05 AM. to introduce themselves, and update Council on Ministry activities and office contacts. Mr. Moyer outlined the Ministry business plan, education, training and networking initiatives offered to municipalities, as well as the responsibilities of Ministry staff and what they are not responsible to provide, i.e. legal advice. Councillors raised concerns regarding incomplete voters' lists for the last election and confusion with the forms and voting locations due to local and provincial elections being held close together; as well as problems with water usage at local community centres by volunteer groups who provide church suppers and fish fries etc. Mr. Maddox indicated they are aware of these issues and would investigate further. Warden Rock thanked the delegation for attending and the gentlemen left at 9:37 AM. Mr. Chester Hinatsu, Director, St. Thomas-Elgin Ontario Works, attended at 9: 15 A M. to present the quarterly report and noted that staff is working hard to help gain employment for harder to place individuals. A Social Housing report would be presented to Council soon outlining current needs and shortfalls in affordable housing. Mr. Hinatsu highlighted the Rent Bank initiative, which is funded by Municipal Affairs to municipalities to help offset up to two months' of unpaid rents, as well as emergency utility issues and are awaiting distribution of funds. Discussion ensued regarding checks and balances in place to ensure social assistance payments are used to pay landlords and utilities and Mr. Hinatsu indicated that staff reviews the paid rent and utility receipts before the next month's cheque is issued. Moved by Councillor Faulds Seconded by Councillor Acre THAT the Ontario Works Quarterly Report (January to March 2004) for St. Thomas-Elgin Ontario Works be received and filed. - Carried. Mr. Hinatsu left at 10:05 AM. County Council 2 April 27, 2004 Moved by Councillor Baldwin Seconded by Councillor Hofhuis THAT we do now proceed in Committee Of The Whole Council. - Carried. REPORTS Application for Minor Exception Lot 14. Concession 1. Township of Southwold- Tree Commissioner The Tree Commissioner reported that there were no concerns and the owner will be replanting trees on his property. Moved by Councillor Faulds Seconded by Councillor Mcintyre THAT the Application for Minor Exception to the Trees Act from Mr. John D. Lyle, Lot 14, Concession 1, Township of Southwold, to clear 0.75 hectares of woodlands to allow for a private field drainage outlet and to provide an access laneway to the rear of the farm, be approved, subject to a minimum of 1300 trees being replanted or an equivalent donation being made to a local conservation/heritage association. - Carried. Council took a break at 10:10 AM. and reconvened at 10:23 AM. Decommission of Wells on Union Road and Centennial Road - ManaQer of EnQineerinQ Services Councillor Wilson left the Chambers and refrained from discussion or voting on the matter. Councillors expressed concerns relating to the receipt of only one bid on the project. Moved by Councillor Hofhuis Seconded by Councillor Baldwin THAT J.B. Wilson & Son Well Drilling Limited be selected for the project to decommission two wells: 7986 Centennial Road (County Road 28); and Union Road (County Road 20) north of the Fifth Line at their quoted price of $6,200.00 plus G.S.T.; and, THAT the funds be allocated from the 2004 Engineering Miscellaneous Operations account. - Carried. Councillor Wilson returned to Council Chambers. lona Road Slope Instabilitv - ManaQer of EnQineerinQ Services The Manager of Engineering Services noted there are no contingency funds available to cover a worst case situation. Moved by Councillor Hofhuis Seconded by Councillor Baldwin THAT the report "Iona Road Slope Instability" dated April 6, 2004, from the Manager of Engineering Services, be received and filed. - Carried. EnQineerinQ Services for Replacement of the New Sarum BridQe - ManaQer of EnQineerinQ Services Councillors discussed the three-phase quotation and reviewing each phase on its own merit to come within allowances in the County's Purchasing Policy before the necessity to tender. Council consensus was to accept the bid for the project as an exceptional circumstance to the Purchasing Policy. County Council 3 April 27, 2004 Moved by Councillor Baldwin Seconded by Councillor Wilson THAT under these exceptional circumstances, and given that the bids were solicited and received in good faith, the County's $50,000 threshold for public tendering be waived; and, THAT the quotation from Spriet Associates in the amount of $54,900 plus GST be accepted to provide detail design, assist with contract preparation, and construction supervision for the replacement of the New Sarum Bridge. - Carried. Union Road ResurfacinQ - ManaQer of EnQineerinQ Services This project could proceed once the Township of Southwold has indicated when the waterline issue has been decided, most likely in 2005. Discussion ensued regarding expenditure of funds for upgrading the King George Lift Bridge. Staff noted it is working properly now but there is potential for liability, if the Bridge is not upgraded. Moved by Councillor Wilson Seconded by Councillor Mcintyre THAT the 2004 proposed capital project on Union Road be reduced to $15,000; and, THAT the remaining funds, $115,000, be allocated for the following projects: Engineering for electrical power and control system by Byrne Engineering Incorporated, project costs $40,000; and also road refurbishing on Third Line between Mill Road and Southdel Drive and Southminster Borne between Highway #4 and Southdel Drive, project costs $75,000. - Carried. EIQin Manor Waste Water Treatment Plant EnQineerinQ Services - ManaQer of EnQineerinQ Services Staff noted that costs could be included in the Financing Budget. Councillors noted that some municipalities are also investigating alternative sewage treatment facilities. A great deal of discussion centred around size and location of the treatment plant at the Elgin Manor; the County becoming involved in sewage treatment operations; requirements for and results from an Environmental Assessment; and the possibility of a partnership with St. Thomas for sewage treatment. Moved by Councillor Warwick Seconded by Councillor Hofhuis THAT the Warden be authorized to initiate discussions with the City of St. Thomas and the Township of Southwold to determine their interests in pursuing a regional solution for the treatment of waste water; and, THAT staff be directed to obtain further information from Conestoga-Rovers & Associates regarding the size of the plant required to treat septage, and the likelihood of approving a plant located near a seniors' home. - Carried. Chatham-Kent Maintenance AQreement - ManaQer of EnQineerinQ Services Moved by Councillor Faulds Seconded by Councillor Warwick THAT the County of Elgin enter into a maintenance agreement with the Municipality of Chatham-Kent for the provision of maintenance on our shared boundary roads; Clachan Road and McPhereson Road; and the shared boundary bridges: Bothwell Bridge and Fleming Creek Bridge. - Carried. County Council 4 April 27, 2004 Ambulance Emen::Jency Response Vehicle (ERV) - Ambulance and EmerQency ManaQement Co-Ordinator Moved by Councillor Faulds Seconded by Councillor Mcintyre THAT the award to the lowest bidder, Talbot Ford of St. Thomas, for a Ford Excursion SSV, 6.8 litre V-8 engine in the amount of $42,319.80 to be converted to an Emergency Response Vehicle be accepted. - Carried. Council recessed at 12: 13 P.M. and reconvened at 1 :01 P.M. ReQuest to Reconstruct Sunset Road - ManaQer of EnQineerinQ Services Council discussed building up or moving money into a reserve towards the construction of this road. Moved by Councillor Vowel Seconded by Councillor Wilson THAT the Council of the Corporation of the Municipality of Central Elgin be informed that, with available funding resources, other County road projects are taking precedence over the reconstruction of Sunset Road; and, THAT a copy of the report entitled" Request to Reconstruct Sunset Road", dated Apri I 13, 2004, from the Engineering Technical Services Officer, be forwarded to the Municipality of Central Elgin for information purposes. - Carried. HirinQ of Contract Full-Time BilinQual Administrative Clerk/Clerk Monitor - Court Services Co-Ordinator The Federal Government has designated the Elgin-St. Thomas Court as bilingual and will fully fund the clerk position and the court bilingual operations. Moved by Councillor Baldwin Seconded by Councillor Faulds THAT one full-time contract position for a bilingual administrative/court clerk be posted as soon as possible to take advantage of the Federal funds provided; and, THAT the terms of employment clearly state that the position is dependent on receipt of financing and the said position will terminate upon cessation of Federal funding. - Carried. Ministry of Health-Enhanced Risk Reviews - Director of Human Resources Moved by Councillor Wilson Seconded by Councillor Faulds THAT the report "Ministry of Health-Enhanced Risk Review" dated April 16, 2004, presented by the Director of Human Resources be received and filed. - Carried. 2004 Operational Needs - Director of Financial Services The Director of Financial Services discussed budgetary items from the last meeting that were not dealt with fully and need to be decided for the 2004 budget. County Council 5 April 27, 2004 Moved by Councillor Warwick Seconded by Councillor Wilson THAT in order to offset 2004 operational costs, funds from Reserves Surplus Construction in the amount of $147,659 and funds from Ambulance Severance in the amount of $246,797 be utilized. - Carried. Terrace LodQe - Compliance ReQuirements/2004 Construction - ManaQer of EnQineerinQ Services Moved by Councillor Warwick Seconded by Councillor Acre THAT the report Terrace Lodge Compliance Requirements 2004 Construction dated March 31,2004 from the Manager of Engineering Services be adopted as follows: THAT CCL Contracting Limited be selected as the contractor for the Compliance Requirements/2004 Construction Project for Terrace Lodge in the amount of $478,489.02; which includes the electrical portion of the project awarded to Tourney Electric at their quoted price of $37,350.00 plus GST; and, THAT the monies from the following projects be allocated to Terrace Lodge Compliance Requirements/2004 Construction: engineering evaluations at Terrace Lodge, $71,000; paint exterior trim at Terrace Lodge, $20,000; mechanical system review at Terrace Lodge, $9,700; dresser replacement at Terrace Lodge, $4,900; door wall protection at Terrace Lodge, $10,000; barn repairs at Elgin Manor, $28,000; sewer charge at the Administration Building, $19,000; communication conduits at the Administration Building, $15,000; miscellaneous building improvements, $7,300; and unallocated capital projects at the Homes, $29,500. - Carried. CORRESPONDENCE Correspondence for Consideration 1. J.D. Leach, City Clerk, City of Vaughan, with a resolution requesting the Federal and Provincial Governments share 5% of the Gasoline Tax with Municipalities. 2. City of Peterborough, with a resolution requesting the Province to cover 75% of the funding costs for the County-City Health Unit. 3. Anne O'Reilly, with a letter of concern regarding the County overspending and specifically relating to care of seniors. 4. Spencer C. McKee, Member Services Co-Ordinator, St. Thomas & District Chamber of Commerce, with the annual membership renewal invoice and requesting confirmation of three County contacts. 5. Pat Berfelz, Deputy Clerk, Town of North Perth, requesting the Ministry of the Environment to exempt washroom facilities at municipally owned rural sports fields, from all portions of Ontario Regulation 170/03. 6. Kathy Robitaille, Vice Chair, T.Y.P.S. Incorporated, Community Development Consultant, Councillor, Township of North Shore, requesting support for Town Youth Participation Strategy, TYPS Inc. to be invited to the final round table discussion with the Ministry of Children and Youth on the needs of children and youth in Ontario. 7. Responses to County 2004 Budget increase: 1) Mayor Paul Baldwin, Town of Aylmer 2) Danial R. Dale, Northridge 3) Dianne Wilson, Deputy Clerk, Municipality of Central Elgin 4) Kyle Kruger, Administrator, Municipality of Bayham. 5) Mike Reiter, President, J. Frisch Construction 6) Glen White, President, Steelway Building Systems County Council 6 April 27, 2004 7) Loretta and J. Ayerst, Aylmer 8) Debbie and Paul Desrosiers, Aylmer 9) Bob Nesbitt, Springfield (2) The following recommendation was adopted respecting Correspondence Item #1 : Moved by Councillor Baldwin Seconded by Councilllor Hofhuis THAT Correspondence Item #1 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #2: Moved by Councillor Baldwin Seconded by Councillor Faulds THAT Correspondence Item #2 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #3: Moved by Councillor Acre Seconded by Councillor Hofhuis THAT Correspondence Item #3 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #4: Moved by Councillor Mcintyre Seconded by Councillor Baldwin THAT the Corporation of the County of Elgin take out membership with the St. Thomas and District Chamber of Commerce for 2004/2005 in the amount of $145.00. - Carried. The following recommendation was adopted respecting Correspondence Item #5: Moved by Councillor Acre Seconded by Councillor Baldwin THAT Correspondence Item #5 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #6: Moved by Councillor Mcintyre Seconded by Councillor Acre THAT Correspondence Item #6 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #7: Moved by Councillor Wilson Seconded by Councillor Baldwin THAT Correspondence Item #7 be received and filed. - Carried. Items for Information - (Consent AQenda) County Council 7 April 27, 2004 1. Robert A. Richards, President and CAO, Municipal Property Assessment Corporation (MPAC), with copy of correspondence to the Ontario Public Service Employees Union concerning a proposal to improve the quality of MPAC's service. 2. Peter Hume, Chairman, MPAC Board of Directors, with the 2003 Annual Report and Financial Statements. 3. Gar Knutson, M.P., Elgin-Middlesex-London, with copy of correspondence: 1) to the Minister of Transport regarding the status of funding from CN Rail for rail crossings on County Road 48; 2) with copy of correspondence to the Minister of State - Infrastructure Concerning the Municipal Rural Infrastructure Fund. 4. Responses to the Middlesex-Elgin Community Residency Program: a) Margaret Underhill, Bayham Community Health Action Committee, Municipal Staff Resource 5. Steve Peters, M.P.P., Elgin-Middlesex-London, with copy of correspondence: 1) to the Ministers of Finance, Transportation and Public Infrastructure Renewal, regarding the County of Elgin report "Provincial Issues In Elgin County"; 2) to the Minister of Health, Environment and Natural Resources, regarding the County of Elgin report "Provincial Issues In Elgin County"; 3) to the Minister of Transportation regarding Emergency Detour Route for Highway 401. 6. AMO Member Communication "For Your Information" 1) Environment Canada Issues Final Road Salts Code of Practice; 2) Province Reverses Decision To Close Judson; 3) Province Amends ESA to Allow Family Medical Leave. 7. Jean-Francois Trepanier, Chief Elections Officer, Federation of Canadian Municipalities, Consent Form for National Board of Directors for 2004 Annual Conference. 8. Mark Cousins, Committee Chair, Ontario Family Fishing Weekend Steering Committee, advising that July 9-11, 2004 is a licence-free-fishing weekend. 9. Shmuel Farhi, President, Farhi Holdings Corporation, thanking Council for the opportunity to speak to Council recently regarding the Pioneer Museum. 10. Honourable John Gerretsen, Minister of Municipal Affairs and Housing, with copy of correspondence to Honourable Steve Peters, M.P.P., regarding the Line Fences Act. 11. Jeff Okrucky, Manager, Operations, London/Sarnia, Union Gas, with information regarding rate changes effective April 1 st. 12. St. Thomas-Elgin General Hospital Auxiliary, with an invitation to the 50th Birthday Celebration for the St. Thomas-Elgin General Hospital - R.S.V.P. required by May 1 to Sharon Little at 633-6781. Moved by Councillor Wilson Seconded by Councillor Mcintyre THAT Correspondence Items #1-12 be received and filed. - Carried. OTHER BUSINESS Statements/InQuiries by Members Warden Rock indicated that he and Councillor Mcintyre and the Chief Administrative Officer met yesterday with Mr. Michael Bryant, Attorney General, regarding receipt of POA revenue from 401 tickets in Elgin County and the Attorney General indicated he would respond to the matter sometime later following a review of the facts. Notice of Motion - None. Matters of UrQency - None. County Council 8 April 27, 2004 Moved by Councillor Acre Seconded by Councillor Wilson THAT we do now proceed In-Camera to discuss personnel issues. - Carried. Moved by Councillor Hofhuis Seconded by Councillor Acre THAT we do now rise and report. - Carried. Moved by Councillor Mcintyre Seconded by Councillor Vowel THAT the reports on additional staffing from the Archivist, Manager of Library Services and Manager of the Elgin County Pioneer Museum be received and filed and no action taken. - Carried. Moved by Councillor Wilson Seconded by Councillor Faulds THAT the recommendations of the Committee Of The Whole be adopted. - Carried. BY-LAWS Moved by Councillor Warwick Seconded by Councillor Faulds THAT By-Law No. 04-11 "Being a By-Law for the Adoption of the 2004 Budget of the Corporation of the County of Elgin" be read a first and second time. Councillors requested clarification on various items throughout the budget. Councillor Hofhuis requested a recorded vote. YEAS NAYS ABSENT Warwick Vowel Mcintyre Hofhuis Baldwin Wilson Faulds Acre Rock TOTAL 5 4 0 - Carried. Council took a break at 4:12 P.M. and reconvened at 4:25 P.M. Councillor Hofhuis requested a recorded vote. Moved by Councillor Vowel County Council 9 April 27, 2004 Seconded by Councillor Acre THAT By-Law No. 04-11 be read a third time and finally passed. YEAS NAYS ABSENT Warwick Vowel Mcintyre Hofhuis Baldwin Wilson Faulds Acre Rock TOTAL 5 4 0 - Carried. Moved by Councillor Wilson Seconded by Councillor Faulds THAT By-Law No. 04-12 "A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the April 2ih, 2004 Meeting" be read a first and second time. - Carried. Moved by Councillor Acre Seconded by Councillor Hofhuis THAT By-Law No. 04-12 be read a third time and finally passed. - Carried. Moved by Councillor Faulds Seconded by Councillor Wilson THAT we do now adjourn at 4:39 P.M. to meet again on May 11,2004 at 9:00 AM. - Carried. Mark G. McDonald, Chief Administrative Officer. David Rock, Warden.