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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. County Council Minutes 2 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. County Council Minutes 3 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. County Council Minutes 4 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 County Council Minutes 5 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. County Council Minutes 6 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). County Council Minutes 7 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 8 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. County Council Minutes 9 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. County Council Minutes 10 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.