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October 19, 2004 Minutes COUNTY COUNCIL Tuesday, October 19, 2004 The Elgin County Council met this day at the Administration Building, at 9:06 AM. in accordance with adjournment, with all members present. Warden Rock in the Chair. Moved by Councillor Acre Seconded by Councillor Mcintyre THAT the minutes for the meeting held on September 28, 2004 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF- None. DELEGATIONS Ms. Linda Stevenson, Trustee, Thames Valley District School Board, attended at 9:00 AM. to discuss rural school issues. Ms. Stevenson discussed the additional funds allocated to rural schools and the $1.1 M available that must be spent on 54 identified schools within the District. She indicated the accommodation study in the East Elgin area may be dismissed, following a final vote by the Board, however the matter of West Elgin has not been resolved. Council discussed many issues, some of which were: retention of youth in communities; plans for future growth; accessibility in school facilities; enrollment projections; and the cost of maintaining unused space in facilities. It was noted that West Elgin has an increase in enrollment not a decrease as indicated and Ms. Stevenson acknowledged that the Board is aware of this matter and may hire a consultant to review enrollment projections. Ms. Stevenson, in her capacity as a citizen, recommended the establishment of a Mayors' Task Force on Rural Schools. She will contact the County Chief Administrative Officer with her ideas on mandate, responsibilities, etc., and a report will come forward to Council. The Warden thanked the Delegation for the presentation and Ms. Stevenson left at 9:25 AM. Mr. Peter Hentz, Chair, and Mr. Duncan McPhail, Vice-Chair, Elgin County Land Division Committee, attended at 9:25 AM. to request that representation be sent to Ontario Municipal Board (OM B) Appeals against Land Division Decisions. Mr. Hentz and Mr. McPhail noted Decisions are based on good planning, in accordance with Sections 51 and 53 of the Planning Act, the Provincial Policy Statement, and information received from commenting agencies. Historically only one appeal has been defended and the OMB ruled in the County's favour. Council discussed the need to defend Appeals to the OMB either by a Solicitor or Planner depending on circumstance; retaining a professional Planner on call to assist with the Committee Decisions; review of the mandate and need for written policies and procedures of the Land Division Committee. Warden Rock thanked the Delegation for attending and the gentlemen left at 10:25 a.m. Moved by Councillor Hofhuis Seconded by Councillor Acre THAT the request from the Elgin County Land Division Committee that all Consent Appeals to the Ontario Municipal Board (OM B) be referred to a Solicitor and/or Professional Planner, as deemed appropriate, in order that the Decision of the Land Division Committee be defended at OMB hearings be approved; and THAT the 2005 budget be so adjusted to cover costs without altering the current fee schedule. - Carried. It was understood that sufficient funds presently exist in the Land Division Budget to defend other Appeals that may occur in 2004. County Council 2 October 19, 2004 Moved by Councillor Wilson Seconded by Councillor Mcintyre THAT the mandate and purpose of the Land Division Committee be presented in written form for review by Council at a future meeting. - Carried. Council took a break at 10:25 AM. and reconvened at 10:33 AM. Moved by Councillor Faulds Seconded by Councillor Acre THAT we do now move into Committee Of The Whole Council. - Carried. Application for Minor Exception. lot 19 & 20. Concession 11. Municipality of Bayham - Tree CommissionerlWeed Inspector The Tree Commissioner provided clarification that an equivalent donation could be made to a local conservation/ heritage association in lieu of replanting trees on the property, however those funds were used to plant trees in Elgin County. Moved by Councillor Baldwin Seconded by Councillor Acre THAT the Application for Minor Exception to the Trees Act from Mr. Graydon, Part Lot 19 and 20, Concession 11, Municipality of Bayham, to clear 1.0 hectares of woodlands to create an industrial building lot be approved, subject to 1700 trees being replanted or an equivalent donation being made to a local conservation/heritage association. - Carried. The Tree CommissionerlWeed Inspector left Chambers at 10:40 AM. Annual Museum Report - Director of Financial Services Moved by Councillor Warwick Seconded by Councillor Baldwin THAT the "Annual Museum Report" dated October 5, 2004, presented by the Director of Financial Services be received and filed. - Carried. Computer Network Infrastructure Plan Update - Director of Information TechnoloQY Moved by Councillor Hofhuis Seconded by Councillor Faulds THAT the report "Computer Network Infrastructure Plan Update" dated October 19, 2004, from the Director of Information Technology, be received and filed. - Carried. Conversion to Microsoft ExchanQe Email System - Director of Information TechnoloQY Councillors discussed security issues with the Microsoft programs; new technology and life span; and future IT requirements, among other items. County Council 3 October 19, 2004 Moved by Councillor Faulds Seconded by Councillor Baldwin THAT the County of Elgin email system be migrated to Microsoft Exchange/Outlook; and, THAT this project be funded from the IT Special Projects Capital Budget. - Carried. Five-Year Broadband Service AQreement with Amtelecom - Director of Information TechnoloQY Moved by Councillor Wilson Seconded by Councillor Faulds THAT the Warden and the Chief Administrative Officer be authorized to enter into a five- year agreement with Amtelecom for broadband services to the County's Homes, Libraries and Administration Building. - Carried. Policy 13.10 Acceptable Use for Computer EQuipment. Software Internet Access and Internet E-mail - Director of Information TechnoloQY The Director of Information Technology advised that an appeal process is available to employees if they should disagree with an unacceptable use finding. Moved by Councillor Warwick Seconded by Councillor Hofhuis THAT the Policy 13.10 entitled "Acceptable Use for Computer Equipment, Software Internet Access and Internet E-mail" be approved for implementation. - Carried. Policy 13.20 TechnoloQY Entitlement - Director of Information TechnoloQY Moved by Councillor Vowel Seconded by Councillor Hofhuis THAT Policy 13.20 entitled "Technology Entitlement" be approved for implementation. - Carried. Remembrance Day Display - Director of Financial Services Moved by Councillor Faulds Seconded by Councillor Acre THAT the report "Remembrance Day Display" dated October 7,2004, from the Director of Financial Services be received and filed. - Carried. Collections - Revenue Split - Director of Financial Services Councillor Baldwin noted an item in the report may have legal implications and requested it be referred to the In-Camera portion of the meeting. Council concurred by agreeing to refer the matter to the In-Camera portion of the meeting. FundinQ for Homes - Financial Analyst Councillors questioned Provincial funding formulas per Resident and why Elgin Manor is operating at a cost of $881 ,000 when private facilities seem to end the year with a surplus? County Council 4 October 19, 2004 Council requested that a year-end report be prepared for each Home detailing 2004 funding in time for 2005 budget deliberations and that staff research the public/private financial Issue. Moved by Councillor Faulds Seconded by Councillor Vowel THAT the report entitled "Funding for Homes", dated October 1,2004, from the Financial Analyst be received and filed. - Carried. BudQet Comparison. AUQust 31. 2004 - Director of Financial Services Moved by Councillor Faulds Seconded by Councillor Acre THAT the report entitled "Budget Comparison - August 31,2004", dated October 1,2004, from the Director of Financial Services be received and filed. - Carried. Council Remuneration - One-Third Tax Free Allowance - Deputy Clerk Moved by Councillor Mcintyre Seconded by Councillor Vowel THAT the Council of the Corporation of the County of Elgin, in accordance with Section 283(7) of the Municipal Act, shall continue to apply a one-third tax free allowance on remuneration paid to its Warden and Councillors deemed to be for expenses incidental to the discharge of duties as a member of the Councilor its local boards. - Carried. EmerQency Purchases and the County PurchasinQ By-law - Chief Administrative Officer Councillors determined that the recommendation should be clarified to indicate that the Warden or Deputy Warden be asked for prior approval to emergency purchases and that the Chief Administrative Office be involved in the discussions. Moved by Councillor Faulds Seconded by Councillor Baldwin THAT section 5(a) "Emergency Purchases" of the County's purchasing by-law be amended as follows: THAT the Department Head obtain the approval of the Warden or Deputy Warden prior to making an emergency purchase. - Carried. Disposal of County of EIQin Surplus Items - Director of Financial Services Moved by Councillor Hofhuis Seconded by Councillor Vowel THAT, due to the cost of continuing to maintain the old Elgin Manor, the total proceeds generated from the Disposal of Assets in the amount of $7,181.41 be applied to the 2004 Elgin Manor Operating Budget. - Carried. County Council 5 October 19, 2004 Non-Union Position Titles - Director of Human Resources Moved by Councillor Acre Seconded by Councillor Mcintyre THAT Schedule "A" of the report entitled "Non-Union Position Titles", dated October 1, 2004, presented by the Director of Human Resources be adopted. - Carried. Proposed New Performance Appraisal System - Director of Human Resources The Director of Human Resources noted that the training being conducted by the Ontario Municipal Management Institute for supervisory employees would adapt its training session to utilize this Policy at upcoming workshops. Moved by Councillor Hofhuis Seconded by Councillor Vowel THAT Human Resources Policy 4.80 entitled "Performance Appraisal for all Staff' be adopted. - Carried. Beecroft Culvert Repairs - Technical Services Officer Moved by Councillor Faulds Seconded by Councillor Mcintyre THAT the Engineering Department continue to monitor the Beecroft Culvert located south of Springfield; and, THAT the Beecroft Culvert Repair Capital Project be cancelled for 2004 due to the escalated cost of the project. - Carried. ReQuest to Fund Traffic SiQnals - Technical Services Officer Council also discussed Beech Street traffic problems when turning onto John Street at busy times. The Technical Services Officer will investigate the situation and report back to Council. Moved by Councillor Mcintyre Seconded by Councillor Acre THAT the County of Elgin reimburse the Town of Aylmer for their share (estimated at $35,000) of intersection improvements completed at John Street and Progress Drive; and THAT the funds be allocated from the Town of Aylmer reserve. - Carried. PaintinQ Exterior of Administration BuildinQ - Director of EnQineerinQ Services Moved by Councillor Faulds Seconded by Councillor Mcintyre THAT Annen Painting be awarded the project to paint the exterior of the Administration Building at the quoted price of $8,774.00 (including taxes). - Carried Unanimously. County Council 6 October 19, 2004 Installation of Traffic SiQnals - WellinQton Road at Ron McNeil Line - Technical Services Officer The Technical Services Officer reported that one bid only was received and Engineering Services would like to re-tender in the Spring. Council discussed the competitiveness of the firm that tendered on the project, as the bid is public knowledge. The project would be re-tendered after an appropriate period of time has passed. Moved by Councillor Acre Seconded by Councillor Warwick THAT the capital project to install traffic control signals at the intersection of Wellington Road and Ron McNeil Line, Contract No. 6200-04 be re-tendered in the Spring of 2005. - Carried. Edward Street Ambulance Station AQreement Between the City of Sf. Thomas and the County of EIQin - Director of EnQineerinQ Services Moved by Councillor Mcintyre Seconded by Councillor Warwick THAT the Warden and the Chief Administrative Officer be authorized and directed to sign the agreement between the City of St. Thomas and the County of Elgin for the development of the Ambulance Station on Edward Street. - Carried. HiQhway #19 Plank Road (Verbal Report) - Director of EnQineerinQ Services The Director of Engineering Services reported on the slope instability on Highway #19 and that contractors have indicated this is not an appropriate time of the year to do remedial work safely and should be delayed. The Director of Engineering Services will prepare a report explaining the situation to be presented at the next Council meeting. As an interim safety measure, Engineering Services requested approval to install signage and Jersey Barriers, at an upset cost of $20,000. Council directed that the most cost-effective solution be employed (lease versus purchase). Moved by Councillor Hofhuis Seconded by Councillor Wilson THAT Engineering Services be authorized to lease or purchase sufficient Jersey Barriers and signage to warn the travelling public of a hazardous section of roadway on Plank Road at an upset limit of $20,000. - Carried. Council recessed at 12:03 P.M. for the annual Council photo, then for lunch, and reconvened at 1 :00 P.M. CORRESPONDENCE Correspondence for Consideration 1. Susan Galloway, Secretary-Treasurer, County Land Division Committee, with a resolution recommending that all Consent Appeals to the Ontario Municipal Board be referred to the County Solicitor. 2. Raymond Ormerod, City of St. Thomas Community Emergency Management Coordinator requesting the use of the Council Chambers on November 26, 2004 for the City's annual emergency exercise. 3. Dianne Wilson, Secretary, Joint Accessibility Advisory Committee (JAAC), requesting consideration of the appointment of Ms. Linda Vank to JAAC. County Council 7 October 19, 2004 The following recommendation was adopted respecting Correspondence Item #1 : Moved by Councillor Vowel Seconded by Councillor Hofhuis THAT Correspondence Item #1 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #2: Moved by Councillor Warwick Seconded by Councillor Baldwin THAT the request from the City of St. Thomas Community Emergency Management Coordinator to use the Council Chambers on November 26, 2004 as the Emergency Operations Centre for testing the City's Emergency Response Plan be approved. - Carried. The following recommendation was adopted respecting Correspondence Item #3, Moved by Councillor Hofhuis Seconded by Councillor Mcintyre THAT Elgin County Council approve the application of Ms. Linda Vank to serve on the Elgin/Central Elgin Joint Accessibility Advisory Committee. - Carried. Councillor Wilson indicated he may know someone who might be interested in serving on the Accessibility Advisory Committee and requested information from staff. Correspondence for Information - Consent AQenda 1. Ontario News Release Communique, "Ontario Government Improves Access to Civil Marriage - Municipal Clerks Have Authority to Solemnize Marriage". 2. Hon. John Gerretsen, Minister of Municipal Affairs and Housing, announcing the Ontario Regional Municipal Portal Northwest (OnRAMP-NW), an online information and advisory service for clients in the Northwestern region of Ontario. 3. Catherine Axford, Executive Assistant to Honourable Lincoln M. Alexander, Chairman, Ontario Heritage Foundation, inviting councils to participate in Ontario Heritage Foundation's Young Heritage Leaders Program 2004. 4. Premier Dalton McGuinty responding to Emergency Management Act resolutions. 5. Hon. Jim Bradley, Minister of Tourism and Hon. John Gerretsen, Minister of Affairs and Housing, announcing $20 million Community Use of Schools Program. 6. Hon. George Smitherman, Minister of Health and Long-Term Care, announcing Development of Local Health Integration Networks. 7. Hon. John Gerretsen, Minister of Municipal Affairs and Housing, with Open Letter to Stakeholders re: McGuinty government accomplishments. 8. Hon. Steve Peters, Minister of Agriculture and Food, acknowledging Council's resolution of support for the Canadian red meat producers and advising of programs for financial assistance available to the farmers suffering financial loss. 9. Prime Minister Paul Martin, with a copy of October 5, 2004 Speech from the Throne. County Council 8 October 19, 2004 10. Thames Valley District Health Council and St. Thomas Elgin General Hospital, with information for a meeting on October 19, 2004 re: Impact and Implications of the Transformational Health Care Agenda. 11. Norma I. Bryant, Clerk, Municipality of West Elgin, re: OPP Police Services Contract. Moved by Councillor Wilson Seconded by Councillor Warwick THAT Correspondence Items # 1-11 be received and filed. - Carried. OTHER BUSINESS Statements/InQuiries by Members Councillor Mcintyre, on behalf of Southwold Township Council, thanked Council for allowing the Chief Administrative Officer to assist in recruiting senior positions at the Township and thanked the Chief Administrative Officer for his advice and assistance in the recruitment process. Notice of Motion - None. Matters of UrQency - None. Moved by Councillor Warwick Seconded by Councillor Mcintyre THAT we do proceed In-Camera to discuss personnel and property issues. - Carried. Staff, except the Chief Administrative Officer and the Director of Finance, were excused from the Council Chambers at 2:40 P.M. Moved by Councillor Wilson Seconded by Councillor Acre THAT we do now rise and report. - Carried. Moved by Councillor Baldwin Seconded by Councillor Warwick THAT the staff direction on lease negotiations with Central Elgin be approved. - Carried. Moved by Councillor Faulds Seconded by Councillor Acre THAT the Chief Administrative Officer be authorized and directed to negotiate and hire a Medical Director for Elgin County. - Carried. Moved by Councillor Mcintyre Seconded by Councillor Wilson The confidential correspondence from an environmental lawyer dated August 23, 2004 regarding the Elgin Manor Wastewater Facility was received and filed. - Carried. County Council 9 October 19, 2004 Warden Rock updated Council on a Federal matter. The report entitled "Collections - Revenue Split" deferred from earlier in meeting was further discussed. Moved by Councillor Baldwin Seconded by Councillor Faulds THAT the report entitled "Collections - Revenue Split" dated May 28, 2004 from the Director of Financial Services was deferred to a future Council meeting pending review of the original agreement by the County Solicitor. - Carried. The Warden and the Chief Administrative Officer were directed to carry out Council's directions regarding a Human Resources matter at the Pioneer Museum. Councillor Hofhuis left Chambers at 3:35 P.M. Moved by Councillor Vowel Seconded by Councillor Warwick THAT we do adopt the recommendations of the Committee Of The Whole Council. - Carried. BY-lAWS Moved by Councillor Mcintyre Seconded by Councillor Warwick THAT By-Law No. 04-25 "A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the October 19th, 2004 Meeting" be read a first and second time. - Carried. Moved by Councillor Vowel Seconded by Councillor Warwick THAT By-Law No. 04-25 be read a third time and finally passed. - Carried. Moved by Councillor Warwick Seconded by Councillor Vowel THAT we do now adjourn at 3:40 P.M. to meet again at 9:00 AM. on November 9,2004. - Carried. Mark G. McDonald, Chief Administrative Officer. David Rock, Warden.