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May 25, 2004 Minutes COUNTY COUNCIL Tuesday, May 25, 2004 The Elgin County Council met this day at the Administration Building, at 9:00 AM. in accordance with adjournment, with all members present except Sylvia Hofhuis (attended later). Warden Rock in the Chair. Moved by Councillor Acre Seconded by Councillor Vowel THAT the minutes from the meeting held on May 11,2004 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF- None. DELEGATIONS Mr. Earl Moore, Secretary, and Mr. Ian Raven, Manager, Elgin Military Museum attended at 9:00 AM., to present the Museum's concerns regarding the Consultants report on the Elgin County Pioneer Museum's future location. Mr. Raven noted that the Military Museum has over 20 years' of successful operation without municipal support. The Elgin Military Museum is offering its expertise and assistance to the Elgin County Pioneer Museum, to benefit both Museums and reduce the cost of operations to the taxpayers. Mrs. Mary Clutterbuck, Chairperson, Elgin County Pioneer Museum Executive Committee, spoke to Council on the positive aspects of the Pioneer Museum, regarding the value of the programs presented by the Pioneer Museum to the Community and the importance of preserving the County's heritage through the Museum's artifacts. The Museum Executive offered their assistance to County Council in the process of making a decision that will preserve the Pioneer Museum and the heritage of the County. Councillors discussed the possibility of amending the Superbuild funding application to allow for the relocation of the Pioneer Museum and the ability to retain the original funding. It was noted that the funding must be expended by March 31, 2006. Moved by Councillor Baldwin Seconded by Councillor Acre THAT the presentations by the Elgin Military Museum and by the Elgin County Pioneer Museum be received and filed. - Carried. The Warden thanked the Military Museum and the Pioneer Museum delegations for attending. The delegations left Chambers at 9:30 AM. Council discussed the possibility of using the fourth floor of the Administration Building as a location for the Pioneer Museum. Councillors were also concerned with the need to meet the cost of the core services provided by the County and the impact that building a new Museum would have at this time. Councillor Warwick requested Council to consider the establishment of a Committee of Council to look at the various options proposed by the Consultant's report entitled "Location Study Elgin County Pioneer Museum" and input received from the various interest groups. Moved by Councillor Baldwin Seconded by Councillor Warwick THAT a Committee of Council be struck to focus on options and analyze recommendations regarding the future of the Elgin County Pioneer Museum and report back to Council in a timely fashion; and, County Council 2 May 25, 2004 THAT the report entitled "Location Study Elgin County Pioneer Museum" be referred to the Committee for consideration, as well as, the presentations from the Elgin Military Museum and the Elgin County Pioneer Museum Committees. - Carried Unanimously. Warden Rock clarified that the mandate of the Committee of Council would be to consider the future of the County Pioneer Museum: property; staff; Museum collection; site of the new Museum - (what are the pros and cons of using the 4th floor of the Administration Building). As well, should the City of St. Thomas be approached to see if they would be interested in partnering, and if there may be other museums in the County that would be interested in coming on board. Petition AQainst Privatization: Mrs. Hazel Luscombe from the Elgin Manor Family Council attended at 9:45 AM., to present Council with a signed petition opposing privatization of the Elgin Manor Home for Seniors. Warden Rock clarified that Council has not discussed or made any such decision to privatize the County Homes for Seniors. He noted that comments attributed to him represented his personal opinion only. The Warden thanked Mrs. Luscombe for attending and the delegation left the Chambers at 9:40 AM. Moved by Councillor Faulds Seconded by Councillor Baldwin THAT the petition dated May 25, 2004, opposing privatization of the Elgin Manor Home for Seniors, presented by the Elgin Manor Family Council, be received and filed. - Carried. Council took a break at 10:15 AM. and reconvened at 10:30 AM. Moved by Councillor Acre Seconded by Councillor Mcintyre THAT we do now move into Committee Of The Whole Council. - Carried. REPORTS 2004/2005 Community Support Services Proposed BudQet - AccountinQ Clerk Moved by Councillor Faulds Seconded by Councillor Acre THAT the 2004/2005 Community Support Services Budget be approved; and, THAT the Warden, the Chief Administrative Officer, and the Director of Financial Services be authorized to sign the Budget and forward to the Ministry of Health and Long-Term Care. - Carried. Royal Canadian LeQions - Director of Financial Services The Director of Financial Services advised that the Municipality of West Elgin had requested the County to amend By-Law 98-34 that provides a property tax rebate program to eligible charities, to include Royal Canadian Legions. Council requested staff provide a list of organizations that receive the benefit and what the financial impact would be to provide the refund to the Royal Canadian Legions and report back to Council. County Council 3 May 25, 2004 Moved by Councillor Faulds Seconded by Councillor Warwick THAT the Director of Financial Services prepare a report listing the organizations that currently receive a tax reduction benefit and the potential financial impact the Royal Canadian Legion rebates would have on the County if granted; and, THAT the report "Royal Canadian Legions" dated May 12, 2004 from the Director of Financial Services be deferred to the Council meeting on June 8, 2004. - Carried. BudQet Comparison - April 30. 2004 - Director of Financial Services The Director of Financial Services answered questions on the Budget Comparisons that Councillors had on P.O.A Collections, Information Technology, and Homes for Seniors. The Director of Financial Services was asked to show budget comparisons for each Home separately in the future. Moved by Councillor Acre Seconded by Councillor Baldwin THAT the report "Budget Comparison - April 30, 2004" dated May 14, 2004, from the Director of Financial Services be received and filed. - Carried. Capital Proiects Summary 2003 - Director of Financial Services Councillors requested clarification on items in the budget. In future, Council requested to be made aware of capital projects that go over in excess of $10,000 of the budget amount at the first opportunity. Moved by Councillor Faulds Seconded by Councillor Acre THAT the outline of Carry Forward projects to 2004 be accepted as presented in Appendix A of the Capital Projects Summary 2003; and, THAT the outline of Projects slated to be closed be accepted as presented in Appendix C; and, THAT the 2003 Capital Projects Surplus of $322 be transferred to the 2004 Capital Projects Surplus; and, THAT in December of each year a report be presented to Council outlining the position of all Capital Projects. - Carried. Ambulance Base BuildinQ Contractor Bids - Ambulance and EmerQency ManaQement Co-Ordinator The Ambulance and Emergency Management Coordinator reviewed the two locations that had been chosen previously for the new ambulance bases. Council requested information on the selection process for the construction of the two bases. Mr. Mac Gilpin of Thames EMS explained the rationale on why organizations were not chosen and why some of the organizations chose not to bid. Mr. Mario Aveiro of Aveiro Constructors Ltd., Dorchester, Ontario, was introduced as the firm recommended by the Ambulance Base Building Committee to be awarded the contract for the construction of the Edward Street and Shawside Ambulance Stations. Mr. Aveiro handed out drawings and support information for the two facilities for Councillors' review. County Council 4 May 25, 2004 Moved by Councillor Acre Seconded by Councillor Mcintyre THAT Council approve the award of the bid to design and build two ambulance base facilities located in the City of St. Thomas to Aveiro Constructors Limited within the budget of $1 ,294,789 plus GST as per the proposal submitted; and, THAT the stations be funded from the capital financing reserve; and, THAT the Warden and the Chief Administrative Officer be authorized to sign the necessary contract documents. - Carried. Ratios 2004 - Director of Financial Services The Director of Financial Services advised that lower-tier treasurers had provided input with regard to the information in the report and had requested no change in the ratios. Moved by Councillor Faulds Seconded by Councillor Warwick THAT for 2004 the taxation ratios remain unchanged from those approved in 2003; and, THAT prior to any movement of the ratios in 2005, Council review the tax policy to ensure it meets the needs of the Elgin County taxpayers. - Carried. 2004 Roadway Crack SealinQ Tender Results - Technical Services Officer Moved by Councillor Wilson Seconded by Councillor Vowel THAT Niagara Crack Sealing be selected to perform Roadway Crack Sealing for their submitted price of $125,725 inclusive of all taxes; and, THAT the Warden and the Chief Administrative Officer be authorized to enter into an agreement for Roadway Crack Sealing, Contract No. 6090-04-01. - Carried. 2004 Hot Mix Asphalt PavinQ Tender Results - Technical Services Officer Moved by Councillor Wilson Seconded by Councillor Vowel THAT Walmsley Bros. Limited be selected to provide Hot Mix Asphalt Paving, Contract No. 6220-04 for their submitted price of $832,721.35 inclusive of all taxes; and, THAT the Warden and the Chief Administrative Officer be authorized to enter into an agreement for Hot Mix Asphalt Paving, Contract No. 6220-04. - Carried. CORRESPONDENCE Items for Consideration 1. Marg Emery, Tourism Coordinator, St. Thomas-Elgin Tourist Association, asking Council to reconsider the RAILS Committee resolution presented at the April 13, 2004 meeting, to support the vision of the railway groups in preserving the railway heritage of St. Thomas and Elgin County, designating St. Thomas-Elgin as the Railway Capital of Canada, and to appoint a Council representative to the RAILS Committee. County Council 5 May 25, 2004 2. Ed J. Vandermaarel, On Track Board of Directors, offering to appear at Council to discuss the concerns and clarify any issues that Council may have regarding the CASO Station as a possible location for the Elgin County Pioneer Museum. 3. Dianne Wilson, Co-Secretary, Joint Elgin/Central Elgin Accessibility Advisory Committee, with a resolution seeking support for a request that the Province develop a unified set of comprehensive standards for the application of the Disabilities Act. 4. J.D. Leach, City Clerk, City of Vaughan, with a resolution asking the Province to begin a process to review issues relating to the Current Value Assessment property valuation system and address MPAC service issues. 5. Ministry of Health and Long-Term Care, re: McGuinty government launches comprehensive strategy to protect seniors in long-term care facilities. 6. Brenda Edmonds, Editor of the Talbot Times, Elgin County Branch of the Ontario Genealogical Society, requesting the County to erect a memorial plaque naming the people buried in the cemetery on the grounds of the House of Industry/old Elgin Manor site. 7. R. Millard, C.AO.lClerk, Township of Malahide, with a resolution concerning the health and welfare of the residents of the municipality with regard to installation of "Sound Sorb" material and the potential adverse impact. The following recommendation was adopted respecting Correspondence Item #1 : Moved by Councillor Baldwin Seconded by Councillor Acre THAT Elgin County Council supports the designation of the City of St. Thomas as the Railway Capital of Canada; and, THAT the City of St. Thomas and the RAILS Committee be so advised. - Carried. Moved by Councillor Baldwin Seconded by Councillor Vowel THAT Elgin County Council has agreed not to appoint a County representative to RAILS Committee at this time. - Carried. The following recommendation was adopted respecting Correspondence Item #2: Moved by Councillor Faulds Seconded by Councillor Acre THAT Correspondence Item #2 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #3: Moved by Councillor Baldwin Seconded by Councillor Wilson THAT Elgin County Council supports the position of the Joint Elgin/Central Elgin Accessibility Advisory Committee requesting the Provincial Government to immediately and in consultation with all stakeholders, develop a unified set of comprehensive standards for the Province- wide application of the Ontarians with Disabilities Act. - Carried. County Council 6 May 25, 2004 The following recommendation was adopted respecting Correspondence Item #4: Moved by Councillor Warwick Seconded by Council Faulds THAT Elgin County Council supports the resolution of the City of Vaughan requesting that the Province begin a process to review issues relating to the Current Value Assessment property valuation system. - Carried. The following recommendation was adopted respecting Correspondence Item #5: Moved by Councillor Acre Seconded by Councillor Mcintyre THAT Correspondence Item #5 be received and filed. - Carried. Council discussed the impact that new regulations could have on Elgin County Homes for Seniors with regard to costs, staffing, funding, and training. The following recommendation was adopted respecting Correspondence Item #6: The Chief Administrative Officer advised Council that a plaque could be erected designating the site of the cemetery for the House of Industry only or a plaque could be erected containing the names and dates of death of all those who were buried in the cemetery. Moved by Councillor Wilson Seconded by Councillor Faulds THAT Elgin County Council erect a plaque with the names and dates of death of the people buried in the House of Industry Cemetery on the site of the old Elgin Manor; and, THAT the funds, not exceeding $5,000.00, be allocated from the Millrate Stabilization Fund account. - Carried. The following recommendation was adopted respecting Correspondence Item #7: Moved by Councillor Warwick Seconded by Councillor Mcintyre THAT Correspondence Item #7 be received and filed. - Carried. Councillor Hofhuis entered Council Chambers at 11:45 AM. Items for Information - (Consent AQenda) 1. Helen Mitsopoulos, Acting, Assistant Chief Support Programs, Ministry of Community Safety and Correctional Services, advising that the County's submission for Joint Emergency Preparedness Program (JEPP) funding for the 2004/2005 project year was not approved. 2. Honourable John Gerretsen, Minister of Municipal Affairs and Housing, concerning Council's resolution requesting that the Provincial and Federal Governments commit their share of OST AR funding for water system upgrades and that the OST AR percentage of funding be established. County Council 7 May 25, 2004 3. Thank you from: The Family of Dave Collis; Pete, Linda & Matt Pinchak; and Jill Toth. 4. AMO Member Communication - For Your Information: 1) Province Introduces Legislation on Hours of Work; 2) Province Commits to Strategy to Reform and Increase Funding for Long-Term Care. AMO Member Communication - ALERT: 1) Canada, Ontario and Municipal Governments - A partnership in Support of Municipal, Rural Infrastructure; 2) Minister Introduces New Heritage Amendment Bill. 5. Pam Gilroy, Acting Regional Clerk, Regional Municipality of Niagara, with a report requesting provincial action in the areas of diversion and environmental assessment. 6. Robert White, Zone A-7, Commander, Royal Canadian Legion - Ontario Provincial Command, thanking the County for its support of the Legion's recent Spring Convention. 7. Road Watch - Watch Us Grow Conference information, September 19-20,2004, Oakwood Inn, Grand Bend. 8. Bryan D. Hall, General Manager/Secretary Treasurer, Kettle Creek Conservation Authority, with comments on the draft Tree By-Law. 9. John Parks Martyn, Secretary, Christian Farmers' Federation of Ontario (Elgin Local), advising that he would be the CFFO representative on the Tree By-Law Committee. 10. Cliff Evanitski, Chairman, Long Point Regional Conservation Authority, announcing the new brand identity for Conservation Ontario, the umbrella organization that represents all of the Province's 36 Conservation Authorities. 11. R. Millard, C.AO.lClerk, Township of Malahide, expressing appreciation to the County for allowing the County's Director of Human Resources to assist with the Township's recent contract negotiations. 12. Federation of Canadian Municipalities, Members' Advisory, FCM will advocate an expanded international role for municipalities in the Government of Canada's International Policy Review. Moved by Councillor Baldwin Seconded by Councillor Acre THAT Correspondence Items #1-12 be received and filed. - Carried. OTHER BUSINESS Statements/InQuiries by Members - None. Notice of Motion - None. Matters of UrQency - None. Council recessed at 11 :55 AM. and reconvened at 12:45 P.M. Councillor Acre was excused from the meeting at 12:45 P.M. Moved by Councillor Hofhuis Seconded by Councillor Baldwin THAT we proceed In-Camera to discuss personnel and property issues. - Carried. County Council 8 May 25, 2004 Moved by Councillor Mcintyre Seconded by Councillor Faulds THAT we do now rise and report. - Carried. Moved by Councillor Vowel Seconded by Councillor Baldwin THAT staff be directed to settle the labour relations matter at Bobier Villa as suggested. - Carried. Moved by Councillor Baldwin Seconded by Councillor Hofhuis THAT the confidential report of the Homes' Organizational Review Committee dated May 5th, 2004, be approved for implementation; and, THAT staff be directed to commence the recruitment process for the following positions with the understanding that the positions will be funded from the approved 2004 budget: Director of Senior Services for Elgin Manor Director of Senior Services for Terrace Lodge Director/Manager of Resident Care for Bobier Villa; and, THAT the Managers of Resident Care be authorized at their discretion to establish the position of Ward Clerk utilizing existing budgets without adding to the complement; and further, THAT the County revert back to one Manager of Resident Care at Terrace Lodge and that this position be advertised as soon as possible; and, THAT the Regional Office of the Ministry of Health's Long-term Care Division be so advised; and, THAT the Homes' Organizational Review Committee be involved in interviewing and selecting the new Directors for the Corporation; and further, THAT a report be presented in May 2005 regarding the new Homes' structure. - Carried. Moved by Councillor Faulds Seconded by Councillor Mcintyre THAT for consistency in application, the following Department Head designations be changed effective immediately: Manager of Information Technology to: Director of Information Technology Manager of Library Services to: Director of Library Services Manager of Engineering Services to: Director of Engineering Services - Carried. Moved by Councillor Baldwin Seconded by Councillor Hofhuis THAT the Warden and the Chief Administrative Officer be authorized and directed to sign a Lease Agreement with Mr. Dave Neyens for Room #223 in the County Administration Building for a two (2) year term, commencing on June 1, 2004, at the rate of $13.00 per square foot. - Carried. County Council 9 May 25, 2004 Moved by Councillor Wilson Seconded by Councillor Mcintyre THAT the request for additional parking spaces be negotiated and reported back to Council for a final decision. - Carried. Moved by Councillor Mcintyre Seconded by Councillor Baldwin THAT we do adopt the recommendations of the Committee Of The Whole Council. - Carried. BY-LAWS Moved by Councillor Faulds Seconded by Councillor Warwick THAT By-Law No. 04-16 "Being a By-Law to Establish the 2004 Tax Ratios, and to Establish the 2004 Tax Rates for the County Constituent Municipalities" be read a first and second time. - Carried. Moved by Councillor Mcintyre Seconded by Councillor Vowel THAT By-Law No. 04-16 be read a third time and finally passed. - Carried. Moved by Councillor Hofhuis Seconded by Councillor Faulds THAT By-Law No. 04-17 "A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the May 25th, 2004 Meeting" be read a first and second time. - Carried. Moved by Councillor Mcintyre Seconded by Councillor Warwick THAT By-Law No. 04-17 be read a third time and finally passed. - Carried. Moved by Councillor Wilson Seconded by Councillor Warwick THAT we do now adjourn at 3:12 P.M. to meet again on June 8,2004 at 9:00 AM. - Carried. Mark G. McDonald, Chief Administrative Officer. David Rock, Warden.