January 20, 2004 Minutes
COUNTY COUNCIL
Tuesday, January 20,2004
The Elgin County Council met this day at the Administration Building, at 9:04 AM. in
accordance with adjournment, with all members present.
Warden Rock in the Chair.
Moved by Councillor Mcintyre
Seconded by Councillor Hofhuis
THAT the minutes from the meeting held on December 9 and 11,2003 be adopted.
- Carried.
DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF-
None.
PRESENTATIONS
Mr. John Martyn, President, Elgin St. Thomas Archives Association, and Ms. Brenda
Edmonds, Ontario Genealogical Society, attended at 9:00 AM. at Council's request.
Warden Rock presented a framed certificate to Mr. Martyn and to Ms. Edmonds
recognizing their groups' contributions to the County Archives by assisting in the purchase
of the St. Thomas Times-Journal Negative Microfilms from 1906-1950.
DELEGATIONS
Mr. Bryce Sibbick, Regional Manager, Frank Cowan Company Limited, attended at 9:07
AM. to present the County's 2004 insurance renewal. Mr. Sibbick noted that the County's
insurance premium has increased by approximately 9.8% over 2003 rates. Mr. Sibbick
noted that municipal insurance policies do not cover Social Housing but if municipalities
wished could be negotiated with the Cowan Company rather than through the Province.
Mr. Sibbick handed out VCR tapes regarding liabilities to municipalities relating to liquor
matters in community centres. Mr. Sibbick left at 9: 15 AM.
Moved by Councillor Faulds
Seconded by Councillor Acre
THAT the County of Elgin's Comprehensive Insurance Program for 2004 be renewed with
the Frank Cowan Company Ltd. in the amount of $177,977 plus applicable taxes.
- Carried.
Draft 2 - Proposed EIQin County Tree By-Law - Tree Commissioner
The Tree Commissioner highlighted the draft Tree By-Law and noted that once Council
approves the draft, the document would be presented to the general public and interested
stakeholders for comment. Other surrounding Counties are preparing the same standard
by-law and fee structure to ease understanding of what is required by landowners and
loggers. The by-law would require that two permits be issued for someone to harvest
trees, one for an exception to the tree by-law and one to harvest the trees. Councillors
made changes to the proposed by-law by inserting the $200 fee into Schedule G; a
change to the terminology from "destroying or injuring trees" to "harvesting trees" be
pursued; and insertion of a clause providing details of why a permit might not be issued.
As well, a range of fines for ticketable offences would be clarified and included with the
draft before public input. Council suggested that the Tree Commissioner contact local
municipalities to request a location for the public meetings. The final draft would be
forwarded to the County Solicitor for review and then brought to Council for consideration,
including the comments received from public meetings. Funding for promoting and
advertising the draft by-law was requested at an upset limit of $1,000.
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January 20, 2004
Moved by Councillor Vowel
Seconded by Councillor Faulds
THAT the second draft of the proposed Elgin County Tree By-Law, as amended, be
circulated for review and comment by the general public, interested groups, foresters and
loggers for a period of 90 days; and,
THAT any comments received be reviewed and considered; and,
THAT the solicitor for the County of Elgin review the final draft By-Law before it is
presented to Council; and,
THAT funding be provided from the Woodlot Reserve for promotion, advertising, copying
and meeting expenses for public review of the proposed by-law, at an upset limit of $1000.
- Carried.
Staff Direction: Staff was directed to pursue a name change in the by-law away from
negative connotations associated with a permit to "destroy" to "Notice of Intent"; to ensure
that a summary of the comments from public meetings is presented to Council; and to
determine the range of fines for short form wording forms part of the consultation process.
The Director of Financial Services introduced Carol-Noele Butler, the County's Provincial
Offences Collection Officer, hired to recoup outstanding traffic fines that were handed
down from the Province.
Council took a break at 9:55 AM. and reconvened at 10:11 AM.
Ms. Donna Lunn, attended at 10: 15 A M. and presented an update on Elginconnects
activities. COBRA and BRAND funding were approved and money has started to flow
through. The Federal Government will be hosting a Smart Community E-Day on
Thursday, March 4, at the Saxonia Hall in Aylmer, and invitations will be sent out shortly.
Councillor Mcintyre requested that the Farm Safety Hazards data that has been collected
by Elginconnects be forwarded to Emergency Co-ordinators for their use. Ms. Lunn
expressed concern that Bell Canada is rolling out DSL lines in under-serviced areas in the
west and noted that she would be expressing concerns to Industry Canada regarding this
endeavour and the impact it would have on Elginconnects sustainability. Councillors
suggested that the County could write a letter to the appropriate bodies to assist
Elginconnects with this issue and Ms. Lunn indicated she would provide copies of
correspondence forwarded to Industry Canada for Council to review. The Warden
thanked the delegation for attending and Ms. Lunn left at 10:35 AM.
Moved by Councillor Wilson
Seconded by Councillor Baldwin
The report "Elginconnects - Update" dated January 16, 2004 be received and filed.
- Carried.
Moved by Councillor Hofhuis
Seconded by Councillor Mcintyre
THAT we do now move into Committee Of The Whole Council.
- Carried.
REPORTS
Draft Code of Conduct Policy - Director of Human Resources
Moved by Councillor Baldwin
Seconded by Councillor Faulds
THAT the "Code of Conduct Policy 2.100 for Members of Council" dated January 12,
2004, from the Director of Human Resources be approved as presented.
- Carried.
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January 20, 2004
HirinQ Procedure Policy 3.10 - Director of Human Resources
Council discussion ensued regarding removal or amendment to Clause (b) ii) in the policy.
Moved by Councillor Mcintyre
Seconded by Councillor Warwick
THAT the amendments to Human Resources Policy 3.10 "Hiring Procedure" be approved.
Moved by Councillor Hofhuis
Seconded by Councillor Wilson
THAT Policy 3.10 Hiring Procedure be amended by removing Clause (b) ii).
- Motion Lost.
The original motion was voted upon and Carried.
Ministry of Health One-Time FundinQ for AVL-GPS Systems - Ambulance and
EmerQency ManaQement Co-Ordinator
The Ambulance and Emergency Management Co-Ordinator reported that these systems
allow for automatic vehicle location (AVL) using global positioning satellites (GPS) to
identify the geographic location of ambulances. Capital costs would be $10,800, with up
to 50% funded by the Province, plus a $6,480 yearly operational cost. The Ministry may
cost-share operational costs but a decision has not been made in this regard.
Moved by Councillor Wilson
Seconded by Councillor Mcintyre
THAT staff be authorized to proceed with the purchase and implementation of an
Automatic Vehicle Location/Global Positioning Satellite (AVLlGPS) system in the County's
ambulance fleet to take advantage of the Ministry of Health and Long-Term Care's
approval of one-time funding for this fiscal year only, to assist Municipalities with the
implementation of AVL in Emergency Medical Services.
- Carried.
2004 CRF Allocation - Director of Financial Services
Moved by Councillor Faulds
Seconded by Councillor Vowel
THAT the entire 2004 Community Reinvestment Fund allocation to the County of Elgin be
applied to the benefit of taxpayers; and,
THAT the 2003 Financial Information Return be submitted to Municipal Affairs and
Housing in accordance with the deadline set by the Ministry; and,
THAT the 2004 tax rate by-law be submitted to Municipal Affairs and Housing by
September 30, 2004.
- Carried.
Sparta Line Chevron WarninQ SiQns - ManaQer of EnQineerinQ Services
The Warden introduced Mr. and Mrs. Cummings who wished to speak to the chevron
signage issue. Mr. Cummings noted there have been no significant accidents in this area
in the past and the installation of chevron signs would take away from the aesthetics of
their property as well as the rural ambience experienced by the travelling public. Council
discussed lack of public meetings concerning this issue, street lighting in the problem
areas, adjusting speed limits, reconstruction of curves and the liability to the County if
nothing is done.
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January 20, 2004
Councillor Mcintyre noted that Mr. Vink from Southwold Township has indicated that since
Sparta Line had been paved and marked, no accidents have occurred and would like the
necessity of the chevron signage already installed on his property reviewed. Councillors
agreed to include a review of the necessity of chevron signage on the north and south
sections of Sparta Line during the upcoming road tour.
Moved by Councillor Baldwin
Seconded by Councillor Hofhuis
THAT the installation of chevron warning signs on Sparta Line be deferred and staff be
directed to report on the costs and implications of installing street lighting in the area along
with a 40 km speed limit and report back to Council.
- Carried.
Land Transfer to Township of Southwold. Lot 4 Concession ENBTR - ManaQer of
EnQineerinQ Services
Moved by Councillor Wilson
Seconded by Councillor Acre
THAT the lands described in Deed No. 120592, being Lot 45, Concession EBNTR, a
section of land 34 feet wide by 1,320 feet long, be declared by the County of Elgin as
surplus to its requirements; and
THAT an appraisal be obtained for said surplus lands; and,
THAT Notice be given regarding the sale of said surplus lands; and,
THAT said surplus lands be transferred to the Township of Southwold; and,
THAT the first right of refusal be allocated to the County of Elgin should the Township of
Southwold decide to remove said lands from its road system.
- Carried.
Robbins BridQe Removal - ManaQer of EnQineerinQ Services
Moved by Councillor Warwick
Seconded by Councillor Acre
THAT Reymer Construction Limited be awarded the contract for removal of Robbins
Bridge at the quoted price of $35,524.00.
- Carried.
Jamestown BridQe Deck Rehabilitation - ManaQer of EnQineerinQ Services
Moved by Councillor Mcintyre
Seconded by Councillor Wilson
THAT Reymer Construction Limited be selected to provide Deck Rehabilitation to
Jamestown Bridge for their submitted price of $18,297.00 inclusive of all taxes; and,
THAT this project be included in the proposed 2004 Capital Budget.
- Carried.
Lakeshore Line Relocation. Municipality of Bayham - ManaQer of EnQineerinQ
Services
Council discussed concerns to ensure the corners have enough manoeuvring room for
large vehicles to make the turn at Glen Erie Line and the feasibility of moving the "road
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January 20, 2004
closed' signage to the side of the road. The Manager of Engineering Services will
investigate these concerns.
Moved by Councillor Acre
Seconded by Councillor Faulds
THAT staff proceed with the Relocation Plan for Lakeshore Line as previously adopted by
resolution; and also,
THAT the Municipality of Bayham be offered the road granular material removed from the
closed portion of Lakeshore Line to upgrade Stafford Road at the Municipality's expense.
- Carried.
Records Retention By-Law - Archivist
Moved by Councillor Wilson
Seconded by Councillor Warwick
THAT the proposed Records Retention By-Law establishing retention periods for records
of the Corporation of the County of Elgin, be approved.
- Carried.
AMO's Land Ambulance Task Force - Chief Administrative Officer
Moved by Councillor Mcintyre
Seconded by Councillor Wilson
THAT Elgin County Council supports and endorses the participation of the County's Chief
Administrative Officer on the AMO's Land Ambulance Task Force.
- Carried.
Council recessed at 12: 15 P.M. and reconvened at 1 :04 P.M.
CORRESPONDENCE
Correspondence for Consideration
1. P.J. Leack, City Clerk, City of St. Thomas, requesting County Council's concurrence
with the appointment of Mayor Jeff Kohler to the Green Lane Community Trust Fund.
2. Donna Waugh, Clerk, County of Wellington, with a resolution concerning the
Provincial Liberal election platform promise regarding the dedication of two cents per
litre of gasoline revenue to municipalities providing transit services.
3. Ann Mulvale, President, Association of Municipalities of Ontario, with renewal invoice
for membership in the Association for 2004.
4. Rural Ontario Municipal Association, 2004 ROMAlOGRA Combined Annual
Conference, ROMA Zone Representative Nomination Form for the 2004-2007 ROMA
Executive Committee.
5. Brian W. Knott, City Solicitor/Clerk, City of Sarnia, with resolutions requesting review
of the current tax assessment system by the McGuinty government.
The following recommendation was adopted respecting Correspondence Item #1 :
Councillor Mcintyre advised that the Articles of Incorporation have been requested from
Green Lane Trust Fund, but because it is privately owned it requires approval from the
Board which meets in February.
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January 20, 2004
Moved by Councillor Mcintyre
Seconded by Councillor Baldwin
THAT Correspondence Item #1 be deferred until a response to the request for the Articles
of Incorporation from Green Lane Trust Fund has been received.
- Carried.
The following recommendation was adopted respecting Correspondence Item #2:
Moved by Councillor Faulds
Seconded by Councillor Warwick
THAT Elgin County Council supports the resolution of the County of Wellington requesting
the Provincial Government to extend the anticipated gas tax revenue sharing plan to all
municipalities in the Province of Ontario.
- Carried.
The following recommendation was adopted respecting Correspondence Item #3:
Moved by Councillor Mcintyre
Seconded by Councillor Wilson
THAT the County of Elgin renew membership with the Association of Municipalities of
Ontario in the amount of $3,106.50 for 2004.
- Carried.
The following recommendation was adopted respecting Correspondence Item #4:
Moved by Councillor Hofhuis
Seconded by Councillor Acre
THAT Correspondence Item #4 be received and filed.
- Carried.
The following recommendation was adopted respecting Correspondence Item #5:
Moved by Councillor Warwick
Seconded by Councillor Baldwin
THAT Elgin County Council supports the resolutions from the City of Sarnia requesting
review of the current tax assessment system by the McGuinty government; and,
THAT the Minister of Finance undertake a review of MPAC's role and responsibility to
improve the quality of assessment service delivered and to improve customer service.
- Carried.
Correspondence for Information (Consent AQenda):
1. Dr. Sharon Hertwig, Acting Medical Officer of Health and Cynthia St. John, Chief
Administrative Officer, Elgin-St. Thomas Health Unit, with a copy of correspondence:
1) regarding implementation of Bill 199 concerning funding and resources to perform
risk assessments for West Nile Virus and response from the Minister of Health; and
2) regarding the verdict and recommendations of the corner's jury into the death of
Kimberly Ann Rogers.
2. P.J. Leack, City Clerk, City of St. Thomas, with the City appointments to the Dispute
Resolution Committee for the term of Council (2004-2006).
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January 20, 2004
3. Honourable Dalton McGuinty, Premier of Ontario, acknowledging Council's resolution
regarding: 1) current value assessment; and 2) the electricity industry.
4. Thank you from Wanda Temple in memory of her Uncle.
Thank you from Tara Lamb and Family.
5. Donald N. Leitch, Chief Administrative Officer, Municipality of Central Elgin, regarding
the appointment of Deputy Mayor Sylvia Hofhuis to the Joint Accessibility Advisory
Committee, December 1 s\ 2003 to November 30th, 2004.
6. Federation of Canadian Municipalities, Members' Advisory: 1) Paul Martin Sworn In as
Canada's 21st Prime Minister; 2) Update Liberal Caucus Retreat and the New Deal.
7. Letters of appreciation for grants:
- Brad Ketelaars, District Manager, Oxford Elgin Huron and Perth, Easter Seal Society
- Marlene Pink, Executive Director and Maureen Vandenberghe, Communications &
Development Coordinator, Tillsonburg & District Multi-Service Centre
- William Shurish, Executive Director, Quad County Support Services
- Ruth Hyatt, St. Thomas-Elgin Second Stage Housing
8. Cynthia St. John, Chief Administrative Officer, Elgin-St. Thomas Health Unit, with
information on its 2004 budget.
9. Dianne Wilson, Deputy Clerk, Municipality of Central Elgin, supporting County Council's
recommendation concerning the enforcement of the Nutrient Management Act.
10. Honourable Greg Sorbara, Minister of Finance and the Honourable John Gerretsen,
Minister of Municipal Affairs, with the announcement of the release of the 2004
Community Reinvestment Fund (CRF) allocations.
11. Association of Municipalities of Ontario, Member Communication - FOR YOUR
INFORMATION, AMO Expresses Concern About Recent Federal Rumblings Around
the Anticipated "New Deal".
The following recommendation was adopted respecting Correspondence Item #6:
Moved by Councillor Faulds
Seconded by Councillor Baldwin
THAT Elgin County Council supports the Federation of Canadian Municipalities position
for implementation of 100 percent GST rebate to municipalities to provide much needed
funding to the cities and counties of the Province; and of the acceleration of infrastructure
investments to 1.5 billion a year for the next two years using funds already committed in
the last Budget.
- Carried.
The following recommendation was adopted respecting Correspondence Item #9:
Moved by Councillor Mcintyre
Seconded by Councillor Acre
THAT Elgin County Council supports the Municipality of Central Elgin's resolution
expressing displeasure with the enforcement of the Nutrient Management Act by the
Ministry of the Environment instead of the Ministry of Agriculture and Food.
- Carried.
Moved by Councillor Baldwin
Seconded by Councillor Hofhuis
THAT Correspondence Items #1-5, 7-8 and 10-11 be received and filed.
- Carried.
County Council Minutes
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January 20, 2004
OTHER BUSINESS
Statements/InQuiries by Members
Councillor Acre announced that she has tickets for the "Recognition Night for Mayor Max
Stewart" being hosted by the Township of Bayham on February 28th, 2004.
Notice of Motion - None.
Matters of UrQency - None.
Moved by Councillor Warwick
Seconded by Councillor Vowel
THAT we do now proceed In-Camera to discuss property and personnel issues.
- Carried.
Moved by Councillor Mcintyre
Seconded by Councillor Vowel
THAT we do now rise and report.
- Carried.
Moved by Councillor Mcintyre
Seconded by Councillor Vowel
THAT the non-union inflationary increase for the year 2004 be set at 3%; and,
THAT the increase be effective the first pay of the year and the necessary by-law be
prepared.
- Carried.
Moved by Councillor Mcintyre
Seconded by Councillor Vowel
THAT the benefit improvements as outlined in the following policies be approved effective
January 1, 2004:
7.10 Vacation Entitlement
9.80 Bereavement Leave
9.90 Maternity/Parental Leave
- Carried.
Moved by Councillor Faulds
Seconded by Councillor Hofhuis
THAT the Chief Administrative Officer and the Director of Human Resources be directed to
develop a needs assessment for the position of Special Projects Officer-Corporate for
consideration by Council; and,
THAT the Capital Campaign for the new Elgin Manor be officially closed and all future
donors be acknowledged by letter only; and,
THAT staff be directed to contract out the development of up-to-date promotional
information for its long-term care facilities in 2004.
- Carried.
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January 20, 2004
Moved by Councillor Acre
Seconded by Councillor Hofhuis
THAT the Chief Administrative Officer and the Solicitor be authorized and directed to
pursue the negotiations for the development of vacant land according to the terms listed in
the Confidential report dated January 12, 2004 with funding for the County's portion of the
Conditions Precedent and legal fees being allocated from the Millrate Stabilization
Reserve.
- Carried.
Moved by Councillor Baldwin
Seconded by Councillor Wilson
THAT the Acting Court Services Co-Ordinator position become a permanent full-time
position to be known as Court Services Co-Ordinator; and,
THAT the Director of Human Resources and the Deputy Clerk be authorized to recruit for
the position.
- Carried.
Moved by Councillor Acre
Seconded by Councillor Faulds
THAT the Warden and the Chief Administrative Officer be authorized and directed to sign
a Lease Agreement with Ferguson Brown & Associates Incorporated for Suite #303 (850
square feet) in the County Administration Building; and,
THAT the lease agreement be for a two-year term, starting on February 1,2004, at the
rate of $13.00 per square foot per year.
- Carried.
Clachan Road Encroachments
Moved by Councillor Mcintyre
Seconded by Councillor Warwick
THAT the County of Elgin declare lands surplus along a section of Clachan Road by by-
law; and,
THAT an appraisal be obtained for the said surplus lands; and,
THAT Notice be given regarding the sale of said surplus lands; and,
THAT the County of Elgin sell the surplus lands back to the adjacent landowners for $1.00;
and, further,
THAT the County of Elgin pay for all legal and survey costs to transfer the surplus lands.
- Carried.
Moved by Councillor Baldwin
Seconded by Councillor Hofhuis
THAT we do adopt the recommendations of the Committee Of The Whole Council.
- Carried.
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January 20, 2004
BY-LAWS
Moved by Councillor Faulds
Seconded by Councillor Warwick
THAT By-Law No. 04-01 "A By-Law to Establish the Retention Periods for Records of the
Corporation of the County of Elgin" be read a first and second time.
- Carried.
Moved by Councillor Vowel
Seconded by Councillor Mcintyre
THAT By-Law No. 04-01 be read a third time and finally passed.
- Carried.
Moved by Councillor Acre
Seconded by Councillor Baldwin
That By-Law 04-02 "A By-Law to Confirm Proceedings of the Municipal Council of the
Corporation of the County of Elgin at the January 20th, 2004 Meeting" be read a first and
second time.
- Carried.
Moved by Councillor Faulds
Seconded by Councillor Wilson
THAT By-Law No. 04-02 be read a third time and finally passed.
- Carried.
Moved by Councillor Hofhuis
Seconded by Councillor Warwick
THAT we do now adjourn at 2:43 P.M. to meet again on February 10,2004 at 9:00 AM.
- Carried.
Mark G. McDonald,
Chief Administrative Officer.
David Rock,
Warden.