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July 13, 2004 Minutes COUNTY COUNCIL Tuesday, July 13, 2004 The Elgin County Council met this day at the Administration Building, at 9:01 AM. in accordance with adjournment, with all members present. Warden Rock in the Chair. Moved by Councillor Mcintyre Seconded by Councillor Acre THAT the minutes for the meeting held on June 22,2004 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF- None. Moved by Councillor Baldwin Seconded by Councillor Faulds THAT we do now move into Committee Of The Whole Council. - Carried. REPORTS Application for Minor Exception. Lot 8. Concession NNBTR. Township of Southwold - Tree Commissioner The Tree Commissioner noted that no concerns have been received and the applicant would be replanting approximately 5 acres of trees on a nearby property. Moved by Councillor Mcintyre Seconded by Councillor Wilson THAT the Application for Minor Exception to the Trees Act from William G. and D. Lynne Houghton to clear 1.3 hectares of woodlands from Lot 8, Concession NNBTR, Township of Southwold, to increase workable land, and a minimum of 2250 trees being replanted or an equivalent donation being made to a local conservation/heritage association, be approved. - Carried. FundraisinQ by Staff at Bobier Villa - ManaQer of Resident Care. Bobier Villa The Chief Administrative Officer presented the report in the absence of the Manager of Resident Care, Bobier Villa. Councillors suggested the book be spiral bound for ease of use and to forward a sample to Council for ordering when the books are available for sale. Moved by Councillor Warwick Seconded by Councillor Acre THAT the report "Fundraising by Staff at Bobier Villa" dated June 29, 2004, from the Manager of Resident Care, Bobier Villa, be received and filed. - Carried. 2000/01 Surplus - Homes - PurchasinQ Co-Ordinator The Chief Administrative Officer presented the report in the absence of the Purchasing Co- Ordinator. County Council 2 July 13, 2004 Moved by Councillor Faulds Seconded by Councillor Acre THAT the report "2000/01 Surplus - Homes" dated July 5, 2004, from the Purchasing Co- Ordinator be received and filed. - Carried. EIQin County Pioneer Museum Database Conversion - Director of Information TechnoloQY and Director of Financial Services The Chief Administrative Officer presented the report in the absence of the Director of Information Technology. Council noted that the replacement of the current Museum database should have been discussed during the budget process, as the space limitation was known for some time, and it was not an appropriate use of reserves to cover the expenditure. The Chief Administrative Officer explained that this matter was not brought forward due to the uncertainty of the Museum location and staffing absences at the Museum. Staff had anticipated bringing the matter forward as part of a renovation project, however, the need is now more immediate. Moved by Councillor Wilson Seconded by Councillor Faulds THAT Phipps & Associates Inc. be contracted to convert the Elgin County Pioneer Museum database to Inmagic DBlText Works for $12,736.21, plus expenses; and, THAT the funds be allocated from Information Technology reserves. - Carried. LeQion Tax Rebate - Director of Financial Services The Chief Administrative Officer presented the report in the absence of the Director of Financial Services. Councillors noted that other municipalities have provided tax relief to Legions and the current by-law could be amended to provide relief from the County portion of the taxes. Moved by Councillor Warwick Seconded by Councillor Wilson THAT By-Law No. 98-34 be amended to include the Royal Canadian Legions in the property tax rebate program as an eligible charity. - Carried Unanimously. Update: Interim Distribution CheQue from Bankruptcy of Divine Solutions Inc.- Library Co-Ordinator The Library Co-Ordinator advised that a portion of funds previously expended for magazine subscriptions from the now bankrupt company has been received and staff are hoping to receive more funds in the future. Moved by Councillor Mcintyre Seconded by Councillor Wilson THAT the report "Update: Interim Distribution Cheque from Bankruptcy of Divine Solutions Inc.", dated June 24,2004, from the Library Co-Ordinator and Director of Library Services, be received and filed. - Carried. County Council 3 July 13, 2004 RenaminQ of the Port Burwell Library - Director of Library Services Moved by Councillor Acre Seconded by Councillor Warwick THAT the request from the Municipality of Bayham to change the name of the Port Burwell Library to The Fred Bodsworth Public Library of Port Burwell be approved; and, THAT the attached policy entitled "Renaming Branch Libraries in Elgin County be approved for implementation: - Carried. ReQuest to Reconstruct Plank Road in the Former VillaQe of Vienna - Director of EnQineerinQ Services Councillors discussed reviewing the previous report on rationalization of the County Road System and staff was directed to bring this report back to a future meeting. Moved by Councillor Vowel Seconded by Councillor Mcintyre THAT the Council of the Corporation of the Municipality of Bayham be informed that, with available funding resources, other County Road projects are taking precedence over the reconstruction of Plank Road; and, THAT a copy of the report entitled "Request to Reconstruct Plank Road in the former Village of Vienna" dated June 18, 2004, from the Manager of Engineering Services, be forwarded to the Municipality of Bayham for information. - Carried. 2003 Lower Tier Operations Cost Summary - Director of EnQineerinQ Services Discussion ensued regarding the possibility of different levels of service that one municipality may provide from another and if the County is paying enough to maintain service levels. Moved by Councillor Faulds Seconded by Councillor Hofhuis THAT the report "2003 Lower-Tier Operations Cost Summary" dated June 7,2004, from the Director of Engineering Services, be received and filed. - Carried. Wonderland Road Update - Director of EnQineerinQ Services Moved by Councillor Mcintyre Seconded by Councillor Hofhuis THAT the lands described in Deed No. 120592, Lots 41, 42, 43 and 45 be declared as surplus to the County's needs; and, THAT the lands described in Deed No. 120592, Lots 41, 42, 43 and 45, Concession EBNTR, be transferred to the Township of Southwold; and further, THAT the first right of refusal be allocated to the County of Elgin should the Township of Southwold decide to remove said lands from their road system; and, THAT any resolution contrary to this one be and is hereby rescinded. - Carried. County Council 4 July 13, 2004 Polymer Modified Slurry Seal Type 2 - Continuous Run EQuipment - Technical Services Officer and PurchasinQ Co-Ordinator The type of product being recommended and its effectiveness was discussed thoroughly. Moved by Councillor Baldwin Seconded by Councillor Mcintyre THAT MSO Construction Limited be selected for the application of Polymer Modified Slurry Seal Type 2 using continuous run equipment for the identified roads and quantities at their submitted price of $66,735.90 inclusive of all taxes; and, THAT the Warden and the Chief Administrative Officer be authorized to enter into an agreement for Polymer Modified Slurry Seal Type 2 (using continuous run equipment) Contract No. 6250-04-02. - Carried. Polymer Modified Slurry Seal Type 2 - Technical Services Officer and PurchasinQ Co-Ordinator Moved by Councillor Baldwin Seconded by Councillor Acre THAT Cornell Construction Limited be selected for the application of Polymer Modified Slurry Seal Type 2 for the identified roads and quantities at their submitted price of $95,979.00 inclusive of all taxes; and, THAT the Warden and the Chief Administrative Officer be authorized to enter into an agreement for Modified Slurry Seal Type 2 Contract No. 6250-04-01. - Carried. AIM PowerGen Corporation - Technical Services Officer Council directed staff to review the insurance implications if the power distribution lines were placed on County property. Council also discussed the location of poles off the roadway and of petitioning the Minister of Energy to allow the use of Ontario Hydro poles for alternate uses, to eliminate the need to install additional poles. Moved by Councillor Wilson Seconded by Councillor Faulds THAT the County of Elgin approve in principle the placement of power distribution lines on Elgin County Road property where the proposed infrastructure does not conflict with the County's corridor control philosophy and where the installation of distribution lines coincides with existing infrastructure (to avoid the development of duplicate utility poles); and, THAT the Minister of Energy be petitioned to allow these wind turbine transmission lines to be erected on existing Ontario Hydro transmission lines at a reasonable cost; and further, THAT the County of Elgin is prepared, under these conditions, to enter into discussions with AIM PowerGen Corporation and other companies to determine the location of power distribution lines on County Roads. - Carried. Council took a break at 10:20 AM. and reconvened at 10:32 AM. County Council 5 July 13, 2004 Roadway SiQnaQe - Construction Technician and PurchasinQ Co-Ordinator Moved by Councillor Vowel Seconded by Councillor Mcintyre THAT Cedar Signs be selected for the manufacture and delivery of roadway signage for their submitted price of $16,426.36, inclusive of all taxes. - Carried. Vienna North BridQe Deck Replacement - Technical Services Officer Moved by Councillor Mcintyre Seconded by Councillor Faulds THAT the Vienna North Deck Replacement project to be re-tendered early in 2005. - Carried. ConsultinQ Services. Mechanical Review - Director of EnQineerinQ Services Council discussed prior experience with the companies that quoted on the project and rationale/implications if the County does not accept the lowest bid. Staff was directed to closely monitor the project to ensure the quality of the work is as expected. Moved by Councillor Baldwin Seconded by Councillor Mcintyre THAT Smylie and Crow Associates Inc. be selected as the Consultant to undertake the preparation of a Building Condition Report (Mechanical Review) for the County Administration Building for their submitted price of $16,585.00 inclusive of all taxes. - Carried. EnQineerinQ Services for DesiQn Traffic SiQnals - Director of EnQineerinQ Services Moved by Councillor Acre Seconded by Councillor Hofhuis THAT Stantec Consulting Limited be selected as the Consultant to undertake the Engineering Services for design and assist with contract preparation and construction inspection for installation of traffic signals at the intersection of Wellington Road and Ron McNeil Line for their submitted price of $15,589.90 inclusive of all taxes. - Carried. A.O.R.S. Municipal Trade Show Summary - June 2-3.2004 - Director of EnQineerinQ Services The Director of Engineering Services commented on the great support received from Council and the municipalities. Staff was directed to ensure the grass area at the Saxonia Hall where vehicles were parking is rehabilitated. Moved by Councillor Vowel Seconded by Councillor Warwick THAT the report "AO.R.S. Municipal Trade Show Summary - June 2-3,2004", dated July 9, 2004, from the Technical Services Officer be received and filed. - Carried. County Council 6 July 13, 2004 CORRESPONDENCE Correspondence for Consideration 1. Thomas K. Findlay, Chairman, Kirkin' 0' the Tartan Committee, with a request to borrow the Elgin County flag and pole for the Kirkin' 0' the Tartan parade and service at Knox Presbyterian Church in St. Thomas on September 19 at 10:30 a.m. 2. Attorney General Michael Bryant, re: Provincial Issues - Highway 401 Traffic Offences lost revenue to County. 3. Rob Lindsay, Tree Commissioner, advising of the first meeting of the Tree By-Law Review Committee on September 28th, 2004 at 7:00 P.M., Committee Room #2, Administration Building, 450 Sunset Drive. The following recommendation was adopted respecting Correspondence Item #1 : Moved by Councillor Wilson Seconded by Councillor Mcintyre THAT the request by the Kirkin' 0' the Tartan Committee of Knox Presbyterian Church to borrow the County flag to fly during the Kirkin 0' the Tartan parade and service on September 19, 2004 be granted. - Carried. The following recommendation was adopted respecting Correspondence Item #2: The Chief Administrative Officer noted that a challenge could be made in Court, that a ticket handed out on the 401 should be adjudicated in the municipality where the offence occurred. Council suggested approaching the OPP to point out that we now have a Court in Elgin County and tickets in Elgin's jurisdiction should be returned here. A letter would be forwarded to the Solicitor General and copied to Commissioner Gwen Boniface and the Elgin Detachment OPP Office, requesting consideration of this matter. Moved by Councillor Hofhuis Seconded by Councillor Mcintyre THAT a letter be forwarded to the Solicitor General outlining the County's position on the lost revenue resulting from Highway 401 Traffic Offences occurring in the County of Elgin being adjudicated in the Municipality of Chatham-Kent; and further, THAT OPP Commissioner Gwen Boniface and the Elgin Detachment OPP Office be so advised. - Carried Unanimously. The following recommendation was adopted respecting Correspondence Item #3. Councillor Warwick volunteered to sit on the Tree By-Law Review Committee. Moved by Councillor Acre Seconded by Councillor Baldwin THAT Councillor Warwick be appointed as a Council representative to the Tree By-Law Review Committee. - Carried. Correspondence for Information 1. Richard F. Stephenson, Chair, Assessment Review Board, with information on the ARB's streaming strategy for 2004 property assessment complaints. County Council 7 July 13, 2004 2. Honourable John Gerretsen, Minister Responsible for Seniors, with nomination forms for the 2004 Senior Achievement Awards Program. 3. Susan McGovern, Vice President, Community Relations and Communications, Ontario Strategic Infrastructure Financing Authority, announcing they are ready to accept applications for the 2004-05 Municipal Infrastructure Renewal Loan Program. 4. AMO Member Communication ALERT: 1) Government Moves to Restructure Electricity Sector; 2) AMO Presents to Standing Committee on Finance and Economic Affairs on Bill 83, the Budget Measures Act, 2004; 3) 2004 Review of Municipal Act: Municipal Associations Prepare to Respond. 5. Dianne Wilson, Deputy Clerk, Municipality of Central Elgin, with a resolution of support concerning the need for a unified comprehensive standards for the Province wide application of the Ontarians with Disabilities Act. 6. Jennifer Wilkinson and Mike Thompson, Nutritional Management Services Limited, with the May Monthly Report. 7. Dianne Wilson, Deputy Clerk, Municipality of Central Elgin, supporting the Elgin-St. Thomas Health Unit Board's resolution opposing the amalgamation of health units to any specific number. 8. Honourable Gerretsen, Minister of Municipal Affairs and Housing, acknowledging Council's support of the City of Vaughan's resolution that the Province review the Current Value Assessment system. 9. Tena Michiels, Deputy Clerk, Township of Southwold, supporting the County's resolution opposing the amalgamation of health units to any specified number. 10. Honourable Greg Sorbara, Minister of Finance, regarding County Council's concern with the Community Reinvestment Fund (CRF). 11. Honourable Jim Bradley, Minister of Tourism and Recreation, acknowledging Council's concerns with the potential impact of the new drinking water regulations on tourism operators and others. 12. Malcolm Bates, Director, Emergency Health Services Branch, Minister of Health and Long-Term Care, announcing the province has approved an increase to the County's Land Ambulance Services Grant for salaries and wages for 2004-05. 13. Township of Malahide with revised copy of resolution received after the June 22, 2004 Council meeting, regarding "Biosolids in Rural Areas". 14. Federation of Canadian Municipalities, MEMBERS' ADVISORY: 1) FCM Annual Report Now Available on Our Website; 2) congratulating Premier Paul Martin on his success of the June 28th election, as well as the other national party leaders, and the successful and unsuccessful candidates who campaigned in the election. 15. Mary Clutterbuck, Chair, Elgin County Pioneer Museum Executive Board, with a resolution supporting the concept of the 4th floor renovation of the Administration Building for the site of the Pioneer Museum; and a resolution from the Elgin County Pioneer Museum Advisory Committee, opposing the Elgin Military Museum's proposal to assist the County in the operation of the Pioneer Museum. 16. Raven & Shaw Chartered Accountants, with the Corporation of the County of Elgin's Consolidated Financial Report Year Ended December 31,2003. 17. Ministry of Health and Long-Term Care, Report of Unmet Standards or Criteria at Terrace Lodge. 18. Georgina Rae, Melody Lane Productions, thanking Council for permitting the use of Bobier Villa as a filming location for the Sing Along video. County Council 8 July 13, 2004 19. Ministry of the Attorney General, News Release Communique, "Former Attorney General and Women's Issues Minister to Review Arbitration Processes". 20. Cynthia St. John, Chief Administrative Officer, Elgin-St. Thomas Health Unit, with the Financial Statements for the Year Ended December 31, 2003 and Auditor's Report. 21. C.M. Wyatt, Superintendent Commander, Contract Policing Bureau, Ontario Provincial Police, re: entering into consultation with the County as the agreement for provision of services between the County and the OPP expires July 1, 2005. 22. Lorna Hudder, CAO/Clerk-Treasurer, Killaloe-Hagarty-Richards, supporting Council's resolution concerning the impact of the Safe Drinking Water Act on rural communities and municipalities. 23. Edith Auckland, expressing concern with the possible relocation of the Elgin County Pioneer Museum to the Administration Building at 450 Sunset Drive. Correspondence Item #17 - A letter would be forwarded from the Warden expressing Council's appreciation to the staff at Terrace Lodge for resolution of Ministry of Health compliance matters and that no unmet criteria are outstanding. Moved by Councillor Faulds Seconded by Councillor Vowel THAT Correspondence Items #1-23 be received and filed. - Carried. OTHER BUSINESS Statements/InQuiries by Members - None. Notice of Motion - None. Matters of UrQency - None. Moved by Councillor Acre Seconded by Councillor Hofhuis THAT we do now move In-Camera to discuss personnel and property matters. - Carried. Council recessed at 12:14 P.M. and reconvened at 1 :00 P.M. Mr. John Hogan attended at 1 :00 P.M. and left Chambers at 1:48 P.M. Moved by Councillor Warwick Seconded by Councillor Mcintyre THAT we do now rise and report. - Carried. Moved by Councillor Vowel Seconded by Councillor Hofhuis THAT the Belmont Branch Library be relocated to a temporary location at "The Hub" for the duration of the renovation period (approximately one month); and, THAT assessment of each Branch Library temporary relocation project be considered by Council on an individual basis. - Carried. County Council 9 July 13, 2004 Moved by Councillor Warwick Seconded by Councillor Acre THAT the Warden and the Chief Administrative Officer be authorized and directed to sign a Lease Agreement with TOPIGS Canada Inc. for Room #345 in the County Administration Building for a two (2) year term, from October 1, 2004 at the rate of $13.00 per square foot; and, THAT the Warden and the Chief Administrative Officer be authorized and directed to sign a Lease Agreement with Bereavement Resource Council of Elgin for Suite #302 in the County Administration Building for a one (1) year term, from September 1, 2004 at the rate of $13.00 per square foot. - Carried. Staff direction on concerns with WSIB claims was approved. Moved by Councillor Faulds Seconded by Councillor Vowel THAT the position of POA Collections Officer become permanent full-time. - Carried. Moved by Councillor Baldwin Seconded by Councillor Wilson THAT the Chief Administrative Officer be authorized and directed to retain a qualified Archaeologist to confirm the location of the burial site at the former Elgin Manor property and to register the site as a Cemetery. - Carried. Moved by Councillor Acre Seconded by Councillor Warwick THAT the Confidential Human Resources matter regarding a labour settlement be approved. - Carried. Moved by Councillor Faulds Seconded by Councillor Vowel THAT the former Elgin Manor property, comprising approximately seven acres in the Township of Southwold, be declared as surplus to the needs of the County of Elgin and said lands be clearly defined by survey. - Carried. Moved by Councillor Mcintyre Seconded by Councillor Baldwin THAT the Warden and the Chief Administrative Officer be authorized and directed to sign the Transfer Agreement for the former Elgin Manor property with Inpartnr Inc. for the sum of $2.00. - Carried. County Council 10 July 13, 2004 Moved by Councillor Mcintyre Seconded by Councillor Baldwin THAT Ms. Melissa Lewis be appointed as Director of Seniors Services for Elgin Manor; and, THAT Ms. Rhonda Roberts be appointed as Director of Seniors Services for Terrace Lodge; and, THAT Mrs. Patricia Vandevenne be appointed as Director/Manager of Resident Care for Bobier Villa. - Carried. Moved by Councillor Wilson Seconded by Councillor Acre THAT we do adopt the recommendations of the Committee Of The Whole Council. - Carried. BY-LAWS Moved by Councillor Warwick Seconded by Councillor Vowel THAT By-Law No. 04-21 "A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the July 13th, 2004 Meeting" be read a first and second time. - Carried. Moved by Councillor Faulds Seconded by Councillor Hofhuis THAT By-Law No. 04-21 be read a third time and finally passed. - Carried. Moved by Councillor Wilson Seconded by Councillor Baldwin THAT we do now adjourn at 2:58 P.M. to meet again on September 14,2004 at 9:00 AM. or earlier if required at the Call of the Chair. - Carried. Mark G. McDonald, Chief Administrative Officer. David Rock, Warden.