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September 14, 2004 Minutes COUNTY COUNCIL Tuesday, September 14, 2004 The Elgin County Council met this day at the Administration Building, at 9:04 AM. in accordance with adjournment, with all members present except Councillors Vowel (arrived 9:48 AM.) and Wilson (vacation). Warden Rock in the Chair. Moved by Councillor Baldwin Seconded by Councillor Faulds THAT the minutes for the meeting held on July 13, 2004 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - None. INTRODUCTIONS Warden Rock welcomed new staff members to County Council and the Chief Administrative Officer introduced Ms. Rhonda Roberts, Ms. Melissa Lewis and Ms. Pat Vandevenne, Homes' for Seniors Directors, and Joanna Vernon, Human Resources Co-Ordinator. DELEGATIONS Mr. Tom Pearce, Executive Director, and Ms. Nancy Evans, Placement Co-Ordinator, Community Care Access Centre (CCAC), attended at 9:10 AM. to update Council on the admission process to Homes for Seniors. Mr. Pearce provided background information and the mandate of the CCAC. Concerns were raised by Council, some of which were: delays in placement in long-term care of persons currently in hospitals; County residents bumped from placement in County Homes; placement of the mentally ill in Seniors' Homes; and subsidized rates if residents cannot afford to pay. The CCAC explained that they are working with the Hospital in an attempt to streamline the placement process. Priority placement is looked at first and people on waiting lists from other areas may be placed in a County Home before a County Resident depending on need. Mr. Pearce advised that there is a "denial process" in the event a Home cannot accommodate the care level that would be required by a Resident. Warden Rock thanked the members of the delegation for attending and the delegation left the Chambers at 10:00 AM. Council took a break at 10:02 AM. and reconvened at 10:14 AM. Moved by Councillor Vowel Seconded by Councillor Warwick THAT we do now move into Committee Of The Whole Council. - Carried. REPORTS EIQin-St. Thomas Health Unit - Councillor Baldwin Councillor Baldwin presented and highlighted items in the annual report on activities of the Elgin-St. Thomas Health Unit. Announcements from the Minister of Health on a new structure and regionalization of Health Units will be forthcoming at a later date. Discussion took place on the benefits of maintaining a local Health Unit. Moved by Councillor Baldwin Seconded by Councillor Mcintyre THAT the annual report on activities of the Elgin-St. Thomas Health Unit be received and filed. - Carried. County Council 2 September 14, 2004 Plank Road Culvert Extension at Jackson Line - Director of EnQineerinQ Services Moved by Councillor Faulds Seconded by Councillor Acre THAT Streib Trucking Limited be selected for the installation of the culvert extension on Plank Road (County Road #19) at their submitted price of $15,185.35 inclusive of all taxes. - Carried. SiQn Posts - Director of EnQineerinQ Services Moved by Councillor Mcintyre Seconded by Councillor Baldwin THAT Dutton Building Products be selected to supply and deliver pressure treated posts at the quoted price of $9,711.00 (including taxes). - Carried. New Sarum BridQe Replacement - Director of EnQineerinQ Services The Director of Engineering Services advised that tendering this fall for construction of the project in 2005 would result in better pricing. Moved by Councillor Vowel Seconded by Councillor Hofhuis THAT an amount of $750,000 to form part of the 2005 Capital Budget be pre-approved for the replacement of the New Sarum Bridge. - Carried. Dexter Line Slope Stability and Shoreline Protection - Director of EnQineerinQ Services Council discussed whether the erosion could be halted and the possibility of stabilizing and saving the roadway. Staff indicated that stabilizing the slope is unlikely and the road would probably have to be moved in the future. Moved by Councillor Faulds Seconded by Councillor Acre THAT Terraprobe Consulting Geotechnical & Environmental Engineering proceed with the geotechnical engineering assessment and recommendations for slope stability west of Port Bruce at a cost of $3,900 plus G.S.T.; and, THAT Shoreplan Engineering Limited proceed with the shoreline review and development protection concepts west of Port Bruce at a cost of $6,400 plus G.S.T. - Carried. KinQ GeorQe Lift BridQe. Port Stanley - Director of EnQineerinQ Services Moved by Councillor Mcintyre Seconded by Councillor Hofhuis THAT the electrical and mechanical refurbishing of the King George Lift Bridge be pre- approved and financed ($360,000) through the 2005 Capital Budget. - Carried. County Council 3 September 14, 2004 Road Network Study Update - Director of EnQineerinQ Services This report was received and filed in July 2002 and Council requested that it be revisited. Staff reviewed the rationale for the recommendation in the report and highlighted costs involved in transferring roads upwards to the County and downwards to the Lower-Tier. Discussion ensued on the additional costs to keep local roads maintained at the County standard; costs to the County if sub-standard roads are returned to it; deciding if roads are County Roads or local roads; lead time before roads are transferred; more time needed for local Councils to review the report; and budgetary implications. The Chief Administrative Officer and the Director of Engineering Services offered to put a standard information package together on the road network, to include a list of bridges and structures and present it to each Council at their request. Moved by Councillor Mcintyre Seconded by Councillor Hofhuis THAT the "Road Network Study" dated July 13, 2002 from the Director of Engineering Services, be referred back to the Lower-Tier Councils for review, with a request for comments by November 30, 2004 and a summary report be presented to Council. - Carried. Policy Manual - ActinQ Human Resources Co-Ordinator Councillors noted that titles and numbering should be altered throughout the policy and brought back to Council for consideration. Moved by Councillor Mcintyre Seconded by Councillor Baldwin THAT the report "Policy Manual" dated August 24,2004, from the Acting Human Resources Co-Ordinator be deferred to a future meeting. - Carried. Workplace Safety and Insurance Board Reserve - Director of Financial Services Staff noted that due to an increase in claims, funds in the Reserve would not be sufficient to cover expenditures for 2004 and beyond. Moved by Councillor Acre Seconded by Councillor Vowel THAT the total over-expenditure amount at December 31,2004 in the Workplace Safety and Insurance Board Reserve be charged to the Special Circumstances Reserve; and, THAT staff advise Council as soon as possible of the amount of the over-expenditure. - Carried. Human Resources Policy 10.60 (Conventions) and Warden and Council Meal Per Diem - Human Resources Officer Moved by Councillor Baldwin Seconded by Councillor Hofhuis THAT the meal allowance in Human Resources Policy 10.60 and the convention meal allowance for Warden and Council be adjusted to $75.00 per day and that the change be effective January 1 , 2005. - Carried. County Council 4 September 14, 2004 EIQin Group OPP Contract Renewal - Chief Administrative Officer Councillors concurred with the continuance by the County to provide administrative support and collecting and distributing funds to OPP on behalf of the Elgin Group. The Chief Administrative Officer explained the processes of municipal involvement in decision making for the Group and that the County has no jurisdiction in administering the contract. Moved by Councillor Faulds Seconded by Councillor Acre THAT the attached report entitled "Elgin Group OPP Contract Renewal" dated August 17, 2004 from the Chief Administrative Officer be adopted and items 1 to 4 on page two of the report be referred to Lower-Tier Councils for comment by no later than October 30, 2004. - Carried. Update Report. Dutton Ambulance Base - Ambulance and EmerQency ManaQement Coordinator Councillors discussed costing; 24 hour Countywide coverage; difficulty of filling paramedic positions, and lowering of response time in Dutton area. The report was deferred to later in the meeting for discussion in conjunction with an In-Camera report. Council recessed for lunch at 12:16 P.M. and reconvened at 1 :00 P.M. Performance Measures. Year Ended December 31.2003 - Director of Financial Services Moved by Councillor Acre Seconded by Councillor Faulds THAT the 2003 Municipal Performance Measures as outlined in the August 27,2004 report titled Performance Measures - Year Ended December 31, 2003, from the Director of Financial Services, be included with the newspaper reporting of the 2003 Audited Financial Statements. - Carried. BudQet Comparison. July 31. 2004 - Director of Financial Services Moved by Councillor Mcintyre Seconded by Councillor Baldwin THAT the report "Budget Comparison, July 31,2004" dated August 24,2003, from the Director of Financial Services be received and filed. - Carried. Aylmer Library Replacement SiQn (Talbot and John Streets) - Director of Library Services Moved by Councillor Baldwin Seconded by Councillor Warwick THAT the Elgin County Library be permitted to contribute $200 from the Library Budget for the creation and erection of a directional replacement sign for the Aylmer Library. - Carried Unanimously. County Council 5 September 14, 2004 Library Grant. Community Fund of EIQin-St. Thomas - Director of Library Services Moved by Councillor Mcintyre Seconded by Councillor Faulds THAT the report "Library Grant - Community Fund of Elgin-St. Thomas" dated August 27, 2004, from the Director of Library Services be received and filed. - Carried. Ontario's Promise Update - Director of Library Services The Director of Library Services advised that the current Ontario Government has discontinued the "Red Wagon" logo and the program should be put on hold. Moved by Councillor Vowel Seconded by Councillor Mcintyre THAT the Elgin County Library on behalf of the County of Elgin discontinue all plans for the "Red Wagon" project. - Carried. Community Access ProQram Grant - Director of Library Services Moved by Councillor Faulds Seconded by Councillor Acre THAT the Library's acceptance of the Community Access Program grant and distribution of the funds according to the terms of the grant be approved; and, THAT the Human Resources Department begin the recruitment of ten Community Access Program workers for the Library. - Carried. EIQinconnects Portal Project Partnership AQreement - Director of Library Services Moved by Councillor Baldwin Seconded by Councillor Vowel THAT the Warden and the Chief Administrative Officer be authorized to sign the ElginlSt. Thomas Community Portal Agreement with the Elgin Community Futures Development Corporation confirming County Council's two-year financial commitment of $100,000 for the years 2004 and 2005. - Carried. CORRESPONDENCE Correspondence for Consideration 1. Michel Morrissette, AMCT, Clerk Administrator, Town of Iroquois Falls, requesting support for Municipal access to gas tax revenues. 2. W. Henry Sander, Director of Corporate Services, Township of Severn, requesting Provincial funding for municipalities in order to meet the additional expenses to implement the Emergency Management Act. 3. Pat Kemp, CAOIClerk, Township of Galway-Cavendish & Harvey, with a resolution requesting the Province enact legislation to protect full-time firefighters who also act as emergency volunteer workers from union pressure to resign volunteer duties. County Council 6 September 14, 2004 4. 1) Diane Gagner, Mayor, Municipality of Chatham-Kent; 2) Linda Burling, Clerk, Town of Kingsville; 3) Mary Ellen Greb, Deputy Clerk-Treasurer, Township of South - West Oxford; 4) Rosaline Graham, Clerk, Municipality of Kincardine; 5) Kriss Snell, Clerk, Town of North Perth; 6) Mavis Monteith, Drainage Clerk, Township of St. Clair; 7) Dianne Wilson, Deputy Clerk, Municipality of Central Elgin; with a resolution petitioning the Province to re-instate the Municipal Drainage grant program. 5. Denise Labelle-Gelinas, City Clerk, City of Cornwall, with a resolution requesting the Province and AMO provide special funding for staffing and to provide reasonable standards and guidelines to municipalities, to aid in the advancement of the Ontarians with Disabilities Act. 6. Bob Hammersley, St. Thomas Chamber of Commerce, with a request from Stuart Harrison of the Peterborough Chamber of Commerce, to consider a donation to the Peterborough Flood Relief Fund. 7. Ruby Silcox, Secretary-Treasurer, Elgin Federation of Agriculture, with nomination forms for the Elgin County Agricultural Hall of Fame in 2005. 8. Kriss Snell, Clerk, Town of Perth, with a resolution petitioning AMO to appeal to the provincial and federal levels of government for financial support to the red meat producers and to continue to negotiate for the export of Canadian red meat. 9. Township of North Frontenac, requesting support of their resolution concurring with the views expressed in the article appearing in the July 8, 2004 Frontenac News entitled "Is There A Future For Rural Ontario?" 10. R. Millard, C.AO.lClerk, Township of Malahide, with a proposed Annexation agreement between the Township of Malahide and Town of Aylmer. The following recommendation was adopted respecting Correspondence Item #1 : Moved by Councillor Warwick Seconded by Councillor Faulds THAT the Corporation of the County of Elgin supports the resolution from the Town of Iroquois Falls petitioning the Provincial Government to make the gas tax available to all Ontario municipalities; and, THAT the funds be dispersed on a system such as equalized assessment to ensure fair distribution. - Carried. The following recommendation was adopted respecting Correspondence Item #2: Moved by Councillor Mcintyre Seconded by Councillor Warwick THAT the Corporation of the County of Elgin supports the resolution from the Township of Severn requesting support for funding by the Provincial Government for the mandatory implementation of Emergency Management Programs by municipalities. - Carried. The following recommendation was adopted respecting Correspondence Item #3: County Council 7 September 14, 2004 Moved by Councillor Warwick Seconded by Councillor Mcintyre THAT the Corporation of the County of Elgin supports the resolution from the Township of Galway-Cavendish & Harvey requesting that the Premier review the impact on small communities of the enforcement by the Ontario Professional Fire Fighters Association requiring full-time firefighters to resign their volunteer fire fighter, emergency response and police auxiliary services to the community. - Carried Unanimously. The following recommendation was adopted respecting Correspondence Item #4: Moved by Councillor Faulds Seconded by Councillor Baldwin THAT the Corporation of the County of Elgin supports the resolutions from the Municipality of Chatham-Kent; Town of Kingsville; Township of South-West Oxford; Municipality of Kincardine; Town of North Perth; Township of St. Clair; and Municipality of Central Elgin, petitioning the Government of Ontario to reinstate the Municipal Outlet Drainage Grant Program. - Carried. The following recommendation was adopted respecting Correspondence Item #5: Moved by Councillor Baldwin Seconded by Councillor Mcintyre THAT Correspondence Item #5 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #6 with the understanding that funds would be allocated from unspecified grants: Moved by Councillor Faulds Seconded by Councillor Baldwin THAT the Corporation of the County of Elgin donate $1000.00 to the Peterborough Flood Relief Fund to provide financial assistance to the businesseslhomeowners who experienced devastating property loss during the recent flooding in Peterborough, Ontario. - Carried. The following recommendation was adopted respecting Correspondence Item #7: Moved by Councillor Warwick Seconded by Councillor Acre THAT Correspondence Item #7 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #8: Moved by Councillor Warwick Seconded by Councillor Mcintyre THAT the Corporation of the County of Elgin supports the resolution of the Town of North Perth petitioning the Association of Municipalities of Ontario to appeal to the provincial and federal levels of government for financial support of the red meat producers and to continue to negotiate for the export of Canadian red meat. - Carried. County Council 8 September 14, 2004 The following recommendation was adopted respecting Correspondence Item #9: Moved by Councillor Warwick Seconded by Councillor Baldwin THAT Correspondence Item #9 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #10: Moved by Councillor Faulds Seconded by Councillor Mcintyre WHEREAS Section 173 of the Municipal Act, 2001, S.O. 2001, c.25, authorizes a municipality or local board in a locality to make a restructuring proposal to restructure municipalities; and, WHEREAS if there are any matters included in the attached proposal that the Minister does not have the authority to implement, the Minister is authorized to implement the remainder of this proposal; and, WHEREAS it is the expectation of the municipalities involved in the restructuring proposal that after the restructuring exercise the municipalities and local boards will implement on their own any matters that the Minister cannot include in a restructuring order; NOW THEREFORE BE IT RESOLVED THAT the Corporation of the County of Elgin supports the attached restructuring proposal dated September 2, 2004 between the Township of Malahide and the Town of Aylmer. - Carried. Correspondence for Information (Consent AQenda) 1. Honourable George Smitherman, Minister of Health and Long-Term Care thanking Council for their support to the Ontario health care system. 2. Dr. Sheela V. Basur, Chief Medical Officer of Health and Assistant Deputy Minister of Health and Long-Term Care responding to resolution re: Public Health Governance Restructuring. 3. Randy Millard, CAOIClerk, Township of Malahide Norma Bryant, Clerk, Municipality of West Elgin Lynda Millard, Clerk, Municipality of Bayham Phyllis Ketchabaw, Clerk, Town of Aylmer Ken Loveland, Clerk, Treasurer Administrator with a resolution of support re: Public Health Governance Restructuring. 4. The Senate Report - Summer 2004 5. Catherine Axford, Executive Assistant to the Honourable Lincoln M. Alexander, Chairman Ontario Heritage Foundation, inviting Council to participate in the Heritage Community Recognition Program 2004. 6. Richard F. Stephenson, Chair Assessment Review Board, with 2000-2002 and the 2002-2003 Annual Reports. 7. Honourable John Gerretsen, Minister of Municipal Affairs and Housing, with Air Quality and Climate Change Handbooks. 8. Federation of Canadian Municipalities Members' Advisory re: Cabinet Update. County Council 9 September 14, 2004 9. Carl Isenburg, President and Chief Administrative Officer, Municipal Property Assessment Corporation, responding to municipal concerns regarding Ontario's current value assessment system and service. 10. Carrie Shea, Secretary, Elgin 4H Association, thanking Council for their support of the 4H program. 11. Larry Clay, Director, Municipal Performance and Accountability Branch, Ministry of Municipal Affairs and Housing, with copy of correspondence concerning Council's support of the City of Kawartha Lakes' resolution regarding the Municipal Performance Measurement Program. 12. Peter Hume, Chair, Municipal Property Assessment Corporation, announcing the appointment of Mr. Carl Isenburg as President and Chief Administrative Officer for the Municipal Property Assessment Corporation effective August 1, 2004. 13. Honourable Dr. Marie Bountrogianni, Minister of Citizenship and Immigration, with a copy of the "Strengthening the Ontario Disability Act, 2001", Consultation Summary. 14. Honourable George Smitherman, Minister of Health and Long-Term Care, announcing $8,920 in new base funding for the County for community support services and supportive housing programs for 2004/05. 15. Honourable David Caplan, Minister of Public Infrastructure Renewal, announcing the release of the "Building a Better Tomorrow: An Infrastructure Planning, Financing, and Procurement Framework for Ontario Public Sector". 16. Judith Andrew, Vice President, Ontario, Canadian Federation of Independent Business, providing a copy of "The Real Deal on Municipalities", redefining local government revenues and responsibilities. 17. Municipal Property Assessment Corporation (MPAC), advising of its commitment to municipalities and taxpayers to provide high quality, professional service. 18. Ken Verrell, Chairperson, Seniors' Picnic in the Park, thanking Council for support of the annual Seniors' Picnic. 19. Ontario News Release Communique, McGuinty Government Promotes Fairness and Choice for Employees 65 and Over. 20. Paul J.C. O'Neal, Chief Archaeologist, Mayer Heritage Consultants Inc., with an update on the archaeological assessment to confirm the location of the cemetery on the site of the former Elgin County House of Industry. 21. Association of Municipalities of Ontario, with the 2004 Counties, Regions and Single Tier Municipalities, and District Social Service Administration Boards Conference, accommodation information and Conference Registration Form, Special Events, Companions Program and Registration Form. 22. Honourable Dwight Duncan, Minister of Energy, acknowledging Councils resolution regarding the construction of electrical lines to support the potential development of wind turbine generated power. 23. Honourable Steve Peters, M.P.P., Elgin-Middlesex-London, with copy of correspondence to the Minister of Environment concerning the negative impact requirements under the Drinking Water System Regulation 170 will have on small rural municipalities. 24. Honourable David Caplan, Minister of Public Infrastructure Renewal, responding to infrastructure issues contained in the County's report entitled "Provincial Issues in Elgin County". 25. Cynthia St. John, Chief Administrative Officer, Elgin-St. Thomas Health Unit, advising a $36,132.84 County portion of the Health Unit's reserve fund surplus. County Council 10 September 14, 2004 26. St. Thomas-Elgin Second Stage Housing, invitation to 10th Anniversary Celebration. 27. Notice of Save Our Rural Schools meeting to be held on September 20,2004 at 6:30 P.M. at the Dutton Community Center. Moved by Councillor Mcintyre Seconded by Councillor Acre THAT Correspondence for Information Items #1-27 be received and filed. - Carried. OTHER BUSINESS StatementsllnQuiries by Members Councillor Mcintyre requested Council's consideration to allow the County Chief Administrative Officer to assist with the recruitment of senior staffing at the Township of Southwold. Moved by Councillor Mcintyre Seconded by Councillor Faulds THAT County Council concur with the request from the Township of Southwold to allow the County Chief Administrative Officer to assist with the recruitment of senior staffing for their municipality. - Carried. Councillor Mcintyre announced that he would be running for the Office of Warden for 2005. Councillor Faulds announced that the Warden's Banquet to honour Warden Dave Rock would be held at St. Anne's Centre on November 6, 2004. Councillor Warwick extended thanks from the Legions of West Lorne and Rodney for Council's decision to provide a property tax rebate program to Legions. Notice of Motion - None. Matters of UrQency - None. Moved by Councillor Acre Seconded by Councillor Baldwin THAT we move In-Camera to discuss personnel and property matters. - Carried. Moved by Councillor Faulds Seconded by Councillor Warwick THAT we do now rise and report. - Carried. Moved by Councillor Hofhuis Seconded by Councillor Vowel THAT the County Solicitor and the County Chief Administrative Officer draft a letter to the Municipality of Chatham-Kent, requesting a meeting to discuss the reimbursement of monies collected in Elgin County but returned to Chatham-Kent since the inception of the POA Court transfer to Chatham-Kent, retroactively. - Carried. County Council 11 September 14, 2004 Moved by Councillor Acre Seconded by Councillor Warwick THAT the proposal from the County of Middlesex regarding a resolution to cross border ambulance billings for 2001 , 2002 and 2003, be accepted with the understanding that both parties will abide by the introduction of relevant legislation affecting this settlement, should it be introduced in the future; and, THAT the County of Middlesex be encouraged to examine the statistics affecting 1998, 1999 and 2000, with a view to reconciling costs; and, THAT it is agreed that this settlement does not establish a precedent beyond 2003. - Carried. Moved by Councillor Baldwin Seconded by Councillor Faulds THAT the confidential correspondence regarding the Elgin Manor Wastewater Facility be approved. - Carried. Staff was directed to carry out the confidential advice from the County Employment Solicitor regarding a benefit matter. Update Report. Dutton Ambulance Base - Ambulance and EmerQency Services Coordinator This report was deferred earlier in the meeting. Moved by Councillor Baldwin Seconded by Councillor Hofhuis THAT Option 1 of the report entitled Update Report Dutton Ambulance Base dated September 3, 2004 from the Ambulance and Emergency Management Coordinator be adopted and the question of 24 hour coverage at the Dutton ambulance base be decided early in 2005. Councillors spoke in agreement with and against the motion. Concerns were raised with not receiving the 50% Provincial funding; dollar impact to the budget; and fairness to the western County Residents; - Motion Defeated Moved by Councillor Vowel Seconded by Councillor Warwick THAT Option 3 of the report entitled "Update Report - Dutton Ambulance Base", dated September 3, 2004 from the Ambulance and Emergency Management Coordinator be adopted, approving the upstaff of the Dutton Base to 24 hour coverage effective January 2005, the new fiscal year. - Carried. BY-LAWS Moved by Councillor Mcintyre Seconded by Councillor Warwick THAT By-Law No. 04-22 "A By-Law to Amend By-Law No. 98-34 Being a By-Law to Provide a Property Tax Rebate Program for Eligible Charities" be read a first and second time. - Carried. County Council 12 September 14, 2004 Moved by Councillor Acre Seconded by Councillor Faulds THAT By-Law No. 04-22 be read a third time and finally passed. - Carried. Moved by Councillor Baldwin Seconded by Councillor Vowel THAT By-Law 04-23 "A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the September 14th, 2004 Meeting" be read a first and second time. - Carried. Moved by Councillor Hofhuis Seconded by Councillor Mcintyre THAT By-Law No. 04-23 be read a third time and finally passed. - Carried. Moved by Councillor Warwick Seconded by Councillor Vowel THAT we do now adjourn at 2:45 P.M. to meet again at 9:00 AM. on September 28,2004. - Carried. Mark G. McDonald, Chief Administrative Officer. David Rock, Warden.