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April 26, 2005 Minutes 34S8 COUNTY COUNCIL Tuesday, April 26, 2005 The Elgin County Council met this day at the Administration Building, at 9:00 A.M. in accordance with adjournment, with all members present. Warden Mcintyre in the Chair. Moved by Councillor Rock Seconded by Councillor Baldwin THAT the minutes from the meeting held on March 22, 2005 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF- None. DELEGATIONS i~ Mr. Douglas Robertson, Sr. Environmental Planner, and Joe Rothfischer, P. Eng., Conestoga Rovers, attended at 9:02 A.M. to present an update on Green Lane Landfill Optimization Environmental Assessment. The Draft Environmental Assessment Report is completed, reports are posted on Green Lane's website for review, and once finalized would be submitted to the Ministry of the Environment for approval. Responding to questions from Council, the delegation indicated they would provide written comments on the proportion of industrial and domestic waste being sent to the landfill from Elgin County and from other communities, and odour containment and visual impact measures being undertaken. Warden Mcintyre thanked the delegation for the presentation and the gentlemen left at 9:55 A.M. Council took a break at 9:55 A.M. and reconvened at 10:10 A.M. Councillor Sylvia Hofhuis, Vice-Chair, Joint Elgin/Central Elgin Accessibility Advisory Committee, presented the 2004-2005 Annual Municipal Accessibility Plan for Council's consideration and noted the Committee still requires a member from eastern Elgin County. (0 Moved by Councillor Rock Seconded by Councillor Faulds THAT the attached Joint Elgin/Central Elgin 2004-2005 Annual Municipal Accessibility Plan be adopted and the following barriers to persons with disabilities be addressed during 2005: 1. Ability Awareness Training is to be provided to all front counter personnel and Department Heads to assist staff to recognize various types of disabilities and to respond to the situation appropriately, as recommended in the first year plan. 2. Human Resources Policies are to include text in hiring policies to indicate that the County of Elgin and the Municipality of Central Elgin carry out hiring by equal opportunity based on non-discrimination of the Human Rights Code. 3. Human Resources Policies are to include written practices to determine how persons with disabilities would be accommodated in the Hiring and Interviewing processes. 4. Designation of disabled parking spaces in core business areas to be investigated. ~ , ' ! I 5. All items identified by departmental staff for barrier elimination in 2005, which are detailed on Pages 6-11, are to be scheduled for completion during 2005, within budgetary limitations. - Carried. 34:59 County Council 2 April 26, 2005 Moved by Councillor Vowel Seconded by Councillor Hofhuis (\ THAT we do now move into Committee Of The Whole Council. - Carried. REPORTS Application for Minor Exception. Lot 19 Concession 11. Municipalitv of Bavham - Tree Commissioner Moved by Councillor Hofhuis Seconded by Councillor Vowel THAT the Application for Minor Exception to the Trees Act from Mr. Brian R. Graydon, Part Lot 19, Concession 11, Municipality of Bayham, to clear .22 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. (\ Erie Shores Wind Farm. Aqreement in Principle - Manaaer of Road Infrastructure The Manager of Road Infrastructure reported it was anticipated the project would utilize one pole jointly with Hydro One, but this is not financially practical and would require installation of poles on the opposite side of the roadway. Representatives from Hydro One and from AIM PowerGen were in attendance to respond to questions from Council and the gentlemen left at 10:41 A.M. Moved by Councillor Wilson Seconded by Councillor Acre THAT the County of Elgin enter into an agreement in principle with AIM PowerGen Corporation to permit a new hydro electricity pole line on the opposite side of the road from the existing Hydro One pole lines in the southern parts of the Township of Malahide and the Municipality of Bayham; and, THAT a Road User Agreement, similar to the one utilized with private gas utility companies be entered into with AIM PowerGen prior to physical construction and with the County Solicitor's approval; and, 11'1 THAT AI M PowerGen consult with the Elgin County Tree Commissioner before any vegetation is removed to discuss tree replacement options and to achieve a no net loss of trees at AIM PowerGen's cost; and, THAT the new AIM PowerGen pole line be located at minimum offsets from the traveled roadway and to accommodate future projects as determined by County staff. - Carried. Belmont Road Slope Stabilization - Director of Enaineerinq Services Moved by Councillor Hofhuis Seconded by Councillor Baldwin THAT the report "Belmont Road Slope Stabilization" dated April 11 , 2005, from the Director of Engineering Services be received and filed. ,--.\ - Carried. 3460 County Council 3 April 26, 2005 Tender Awards (Hot Mix Asphalt Pavina. Roadwav Crack Sealina. Polvmer Modified Slurry Seal Tvpe 2) - Manaqer of Road Infrastructure (', Moved by Councillor Faulds Seconded by Councillor Acre THAT Walmsley Brothers Limited be selected to provide Hot Mix Asphalt Paving, Contract No. 6220-05 at their submitted price of $1 ,076,109.70 inclusive of all taxes; and, THAT 788893 Ontario Limited (Niagara Crack Sealing) be selected to apply Asphalt Crack Sealing at their submitted price of $117,742.80 inclusive of all taxes; and, THAT Duncor Enterprises Inc. be selected for the application of Polymer Modified Slurry Seal Type 2 for the identified roads and quantities at their submitted price of $597,060.00 inclusive of all taxes; and also, THAT the Warden and the Chief Administrative Officer be authorized to enter into an agreement for Hot Mix Asphalt Paving No. 6220-05, Asphalt Cracking Sealing, Contract No. 6090-05-01, and Polymer Modified Slurry Seal Type 2, Contract No. 6250-05. - Carried. (\ Preventative Maintenance. Mechanical Lifts and Tubs - Purchasina Co-Ordinator The report was deferred to later in the meeting for staff to review calculations. Attendance Statistics - Director of Human Resources Moved by Councillor Warwick Seconded by Councillor Rock THAT the report "Attendance Statistics" dated March 29,2005, from the Human Resources Co-Ordinator, be received and filed. - Carried. Volunteer Criminal Check - Director of Human Resources Moved by Councillor Hofhuis Seconded by Councillor Vowel (~\ THAT the report titled "Volunteer Criminal Check" dated April 5, 2005, be approved and that the Warden and the Chief Administrative Officer be authorized to sign the required letter for criminal record checks for vulnerable sector screening. - Carried. Rapid Community Emeraencv Alerts - Ambulance and Emeraencv Manaaement Co-Ordinator Councillors directed staff to send a letter to the CRTC emphasizing the importance of notification to persons in rural communities in the event of emergencies and requesting the CRTC investigate a method that would notify all people of emergency situations. Moved by Councillor Baldwin Seconded by Councillor Warwick THAT the report "Rapid Community Emergency Alerts" dated April 15, 2005, from the Ambulance and Emergency Management Co-Ordinator, be deferred pending comments from the CRTC for rural emergency alert proposals. _,r-\, - Carried. 346i County Council 4 April 26, 2005 Emerqencv Manaaement Media Trainina for Mavors via County Council - Ambulance and Emerqencv Manaqement Co-Ordinator (' Moved by Councillor Rock Seconded by Councillor Vowel THAT the report "Emergency Management Training for Mayors via County Council" be referred back to staff for investigation of training provided from Emergency Measures Canada or some other provider. - Carried. Council Support of EMS Amendments to Emplovment Standards Act - Ambulance and Emerqencv Manaqement Co-Ordinator Moved by Councillor Rock Seconded by Councillor Wilson THAT the request from AMEMSO for amendments to the Employment Standards Act to exempt Emergency Medical Services from the Hours of Work and Meal Periods sections of the Act, to reflect the emergency (and therefore unpredictable) nature of the work, be supported and a letter forwarded to the Minister of Labour. (\ - Carried. The following item was deferred earlier in the meeting: Preventative Maintenance. Mechanical Lifts and Tubs - Purchasinq Co-Ordinator Moved by Councillor Wilson Seconded by Councillor Faulds THAT the Warden and the Chief Administrative Officer be authorized and directed to sign an agreement with Arjo Canada to provide preventative maintenance in 2005 on all Arjo equipment in each of the Long-Term Care Homes. - Carried. 2005/2006 Community Support Services Proposed Budaet - Financial Services Moved by Councillor Hofhuis Seconded by Councillor Baldwin THAT the 2005/2006 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 same to the Ministry of Health and Long- Term Care. - Carried. Budqet Comparison to Februarv 28. 2005 - Director of Financial Services Moved by Councillor Rock Seconded by Councillor Vowel THAT the report titled Budget Comparison to February 28,2005, dated April 5, 2005, from the Director of Financial Services, be received and filed. r - Carried. 3 4 '., '. , ,'Ii.< Q' '- County Council 5 April 26, 2005 Ontario Municip_al Partnership Fund - Director of Financial Services (' The Director of Financial Services advised that there would be a phase-out of funding from the Province beginning in 2006 and, for the Corporation of the County of Elgin, would result in a decrease to grants of $3.7M by 2008. Moved by Councillor Baldwin Seconded by Councillor Wilson THAT the report Ontario Municipal Partnership Fund, dated April 11, 2005, from the Director of Financial Services, be received and filed. - Carried. The Impact of the Ontario Municipal Partnership Fund - Chief Administrative Officer Many Counties in Ontario have lost funding through this initiative, however many lower-tier municipalities have gained. Information received from the Province is skewed and not reflective of the total funding losses. Moved by Councillor Faulds Seconded by Councillor Rock (\ THAT the Warden, on behalf of Elgin County Council, arrange a meeting with Mr. Steve Peters, M.P.P., to explain the impact on County taxpayers by removing $3.7M from the very limited tax base in Elgin County; and, THAT the draft press release be approved for immediate distribution; and, THAT staff be directed to review structures, processes and staffing complements in an effort to develop a strategy to mitigate the expected loss in revenue and report back to Council with options; and further, THAT the one-time funding from the Province be set aside in reserve. - Carried Unanimously. P .O.A. Default Revenue Split - Director of Financial Services ('i Moved by Councillor Baldwin Seconded by Councillor Warwick THAT Council approve the method of disbursement of defaulted fines collected as indicated in the report entitled "P.O.A. Default Revenues through Collections" dated March 2, 2005; and, THAT the County Solicitor prepare the appropriate agreement to be forwarded to the Municipalities and the City of St. Thomas; and, THAT the report entitled P.OA Default Revenue Split be received and filed. - Carried. POA Default Revenues throuqh Collections - Director of Financial Services Moved by Councillor Rock Seconded by Councillor Hofhuis THAT the participating municipalities, including the City of St. Thomas, be requested to concur with the method of disbursement of fines collected in default as indicated in the r\ report entitled P.OA Default Revenues through Collections dated March 2, 2005; and, THAT the County of Elgin prepare the necessary agreement. - Carried. 3463 County Council 6 April 26, 2005 Collections Protocol Certificates of Default - Financial Analvst. Collections Officer and Director of Financial Services (~. , . Moved by Councillor Baldwin Seconded by Councillor Acre THAT all defaulted Provincial Offences Collection matters over $10,000 be referred to the County Solicitor for further investigation as to their eligibility for further collection and further process; and, THAT the County Solicitor be allowed to request warrants as required; and, THAT staff enlist the services of a process server on an as needed basis; and, THAT any costs that may arise from such process become part of the Collections expenses; and, THAT any revenues that may arise from the activities of the County Solicitor with regards to the collections of old fines become part of Collections revenues; and, THAT the Director of Financial Services be authorized to determine files ready for write-off; and, (j , THAT these recommendations be reviewed at the end of one year to ensure their cost effectiveness. - Carried. Council recessed at 12:02 P.M. for lunch at the base Ambulance Station on Edward Street and reconvened at 1 :32 P.M. Belmont Librarv Branch Capital Proiect Completion - Manager of Library Services Moved by Councillor Warwick Seconded by Councillor Wilson THAT the report "Belmont Library Branch Capital Project Completion", dated April 11 ,2005, presented the Manager of Library Services, be received and filed. - Carried. ('. \. ' Enqaqinq Community - Buildinq Community (Southwold) and Enqaqina Community - United Way - Director of Senior Services (Elqin Manor) Moved by Councillor Baldwin Seconded by Councillor Acre THAT the reports "Engaging Community - Building Community (Southwold)", dated April 11, 2005 and "Engaging Community - United Way", dated April 18, 2005, from the Director of Library Services and the Director of Senior Services, be received and filed. - Carried. MedicallDiaqnostic Eauipment Fundina - Director of Senior Services (Elqin Manor) Moved by Councillor Rock Seconded by Councillor Faulds THAT the report Medical/Diagnostic Equipment Funding, dated March 21, 2005, presented by the Director of Senior Services (Elgin Manor), be received and filed. (' - Carried. 3464 County Council 7 April 26, 2005 EIClin Manor Annual Compliance Review - Director of Senior Services (Elqin Manor) (' Moved by Councillor Rock Seconded by Councillor Hofhuis THAT the report "Annual Compliance Review - Elgin Manor", dated April 13, 2005, presented by the Director of Senior Services, Elgin Manor, be received and filed. - Carried. CORRESPONDENCE FOR CONSIDERATION 1. Helen LeFrank, General Manager, Elgin Community Futures Development Corporation, with information concerning the concept of an Elgin County newsletter produced through a partnership between the County of Elgin and the Elgin Community Futures Development Corporation. 2. Township of Huron-Kinloss; Debbie Robertson, Municipal Clerk Municipality of Grey Highlands; Regional Municipality of Niagara; County of Huron; with resolutions concerning the development of Grain Market Disaster Relief and stabilization program for Ontario grain and oilseed producers and the implementation of suitable programs to address the farm income crisis and protection for the farmers from legislation and regulations. ('i 3. Anna M. Knowles, Deputy Clerk, Town of East Gwillimbury, with a resolution requesting the Province of Ontario provide financial assistance of $705,000 for the 2005 fiscal year. 4. Larysa Andrusiak, Ambulance & Emergency Services Coordinator, with registration information for Provincial Teams Awareness Workshop, May 31,2005. 5. Brenda Edmonds, Elgin County Branch of the Ontario Genealogical Society, requesting Council's approval and input on an appropriate location and date of commemoration for the monument acknowledging the cemetery on the grounds of the old Elgin Manor. 6. County of Prince Edward, with a resolution advising that the County would not be setting the 2005 budget until the Province announces the level of funding to be received through the Community Reinvestment Fund. II ! 7. Barbara A. Leamen, County Clerk, County of Huron, with a resolution of support for the City of Toronto's effort to allow Upper Tier Municipalities to invoice for the $45.00 ambulance co-payment fee. The following recommendation was adopted respecting Correspondence Item #1 : Moved by Councillor Wilson Seconded by Councillor Hofhuis THAT staff be directed to explore the development of a County Newsletter, in partnership with Elgin Community Futures Development Corporation, and report back on the details including format, content and costs for consideration by Council. - Carried. The following recommendation was adopted respecting Correspondence Item #2: r\ Moved by Councillor Faulds Seconded by Councillor Rock THAT the Corporation of the County of Elgin supports the resolutions from the Township of Huron-Kinloss, Municipality of Grey Highland, Regional Municipality of Niagara and the 3465 County Council 8 April 26, 2005 County of Huron, concerning the development of the Grain Disaster Relief and Stabilization Program for Ontario grain and oilseed producers. (' - Carried. The following recommendation was adopted respecting Correspondence Item #3: Moved by Councillor Baldwin Seconded by Councillor Hofhuis THAT Correspondence Item #3 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #4: Moved by Councillor Rock Seconded by Councillor Acre That Correspondence Item #4 be received and filed. - Carried. (1 The following recommendation was adopted respecting Correspondence Item #5. Moved by Councillor Faulds Seconded by Councillor Rock THAT Correspondence Item #5 be referred back to staff for further discussion with the Elgin County Branch of the Ontario Genealogical Society. - Carried. The following recommendation was adopted respecting Correspondence Item #6: Moved by Councillor Hofhuis Seconded by Councillor Baldwin THAT Correspondence Item #6 be received and filed. (\ - Carried. The following recommendation was adopted respecting Correspondence Item #7: Moved by Councillor Rock Seconded by Councillor Hofhuis THAT the Corporation of the County of Elgin supports the resolution from the County of Huron supporting the City of Toronto's effort to allow Upper-Tier Municipalities to invoice for the $45.00 ambulance co-payment fee. - Carried. CORRESPONDENCE FOR INFORMATION 1. Ann MacLean, President, Federation of Canadian Municipalities, thanking the County for membership renewal and advising of the $600 million in gas-tax revenue, the $700 million GST refund totaling $1.3 billion in new revenue, to be shared by every municipal government in Canada. f\ I \ 2. Municipal Property Assessment Corporation MPACNews April 2005 Vol. 2 Issue 1. 3. St. Thomas-Elgin General Hospital Media Release March 29, 2005 - STEGH Takes Steps to Balance Budget. 3466 County Council 9 April 26, 2005 4. AMO Member Communication "For Your Information": 1) Ontario Trails Strategy Consultants; 2) MOE Releases Report on Regulation 170 Smaller Private Systems; 3) Federal Budget Bill Must Be Adopted Quickly (' 1) AMO "ALERT", Ontario Fire Services Grant; 2) Member Communication "ALERT" - AMO Report to Members on April Meeting. 5. Premier Dalton McGuinty, acknowledging Council's resolutions concerning: 1) funding for conservation authorities; 2) proposed changes to current value assessment. 6. Ken Loveland, Clerk Treasurer Administrator, Municipality of Dutton/Dunwich; Phyllis Ketchabaw, Town of Aylmer; supporting Council's resolution concerning economic adversity faced by farmers. 7. Marlene Pink, Executive Director and Maureen Vandenberghe, Communications & Development Coordinator, Tillsonburg & District Multi-Service Centre, thanking Council for the 2005 grant. 8. Hon. Steve Peters, M.P.P., Elgin-Middlesex-London, with: 1) copy of correspondence to Hon. David Chaplan, Minister of Public Infrastructure Renewal and Hon. Jim Bradley, Minister of Tourism & Recreation, concerning the level of funding for the Elgin County Pioneer Museum; 2) correspondence acknowledging Council's support for Ontario farmers. (\, , 9. Association of Municipalities of Ontario, AMO Key Messages: "Allocation of Federal Gas Tax Revenues". 10. Kate Wood, President and Pierre Duplessis, Secretary General, Canadian Red Cross Society, Ottawa; and; Eleanor Ryder, Branch President, St. Thomas and Elgin and Angie Woodcock, District Branch Manager, London/Middlesex and St. Thomas/Elgin, Canadian Red Cross, thanking County Council for the donation to the Tsunami Relief Appeal. 11. MPAC NEWS, April 2005, Vol. 2, Issue 1. 12. Hon. David Caplan, Minister of Public Infrastructure and Renewal, thanking the Warden for meeting with him at the OGRA/ROMA Conference. (\ 13. R. Millard, Chief Administrative Officer/Clerk, Township of Malahide, with a resolution concerning the report P.OA Default Revenues through Collections, dated March 2, 2005. 14. Hon. John Godfrey, Minister of State (Infrastructure and Communities), regarding the distribution of gas tax revenues to municipalities. 15. Roger Anderson, President, Association of Municipalities of Ontario, with an update on the federal gas tax revenue sharing for municipalities. 16. Federation of Canadian Municipalities, MEMBERS' ADVISORY, Urgent MP's To Pass The Federal Budget. 17. Mayor Dan Mathieson, City of Stratford, announcing the Civic Night in Stratford, on Thursday, June 16th, 2005. Moved by Councillor Hofhuis Seconded by Councillor Rock (\ THAT Correspondence Items # 1-17 be received and filed. - Carried. 3461 County Council 10 April 26, 2005 OTHER BUSINESS Statements/lnauiries bv Members - (\ Warden Mcintyre announced the application submitted under the Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF) Intake One, received full funding to complete the Sunset Road project. Elgin Community Nutrition Partnership presented a plaque to Warden Mcintyre at a recent ceremony thanking Council for their donation towards the breakfast for learning program. The Elgin-St. Thomas Ambulance Base Station Open House has been scheduled for June 10, 2005 and Councillors were encouraged to attend. Thames EMS will be recognizing cardiac arrest survivors and Paramedics at a presentation to be held at the Middlesex County Building on May 10,2005. Mr. Doug Graham is retiring from the West Elgin Community Health Centre and a presentation will be made on behalf of the County at tonight's activities. Councillor Acre requested that $40,000 of the funds recently received for Vienna South Bridge be released to the Municipality of Bayham, to dredge the harbour in Port Burwell this Spring. Staff was directed to investigate the implications and present a report to a future meeting. (r'\. Notice of Motion - None. Matters of Urqencv - None. Moved by Councillor Faulds Seconded by Councillor Rock THAT we do now proceed In-Camera to discuss property and legal matters. - Carried. Moved by Councillor Rock Seconded by Councillor Wilson THAT we do now rise and report. (~, I, 'I - Carried. Moved by Councillor Wilson Seconded by Councillor Vowel THAT the confidential report on Highway 401 Revenue (POA) Update be deferred to the next meeting. - Carried. Moved by Councillor Acre Seconded by Councillor Faulds THAT Elgin County Council approve the requestfrom Inpartnr Incorporated to extend the closing date for the development of the former Elgin Manor building and property to December 31, 2005. - Carried. r\! (\, 3468 County Councii 11 Aprii 26, 2005 Moved by Councillor Vowel Seconded by Councillor Baldwin THAT the confidential report "Ministry of Health Annual Compliance" dated April 13, 2005 from the Director of Senior Services, Terrace Lodge, be received and filed. - Carried. Moved by Councillor Baldwin Seconded by Councillor Hofhuis THAT the advice from the County Solicitor regarding a former tenant be approved and no action taken. - Carried. Moved by Councillor Acre Seconded by Councillor Rock THAT we do adopt the recommendations of the Committee Of The Whole Council. ...~ BY-LAWS , - Carried. ("\ (\ Moved by Councillor Hofhuis Seconded by Councillor Acre THAT By-Law No. 05-12 "Being a By-Law to Establish the Annual Remuneration to be paid to the Warden of the County of Elgin" be read a first and second time. - Carried. Moved by Councillor Faulds Seconded by Councillor Warwick THAT By-Law No. 05-12 be read a third time and finally passed. - Carried. Moved by Councillor Acre Seconded by Councillor Baldwin THAT By-Law No. 05-13 "Being a By-Law to Establish the Annual Remuneration to be Paid to Members of the Elgin County Council for Attendance at Meetings of the Elgin County Council and Committees Thereof' be read a first and second time. - Carried. Moved by Councillor Hofhuis Seconded by Councillor Rock THAT By-Law No. 05-13 be read a third time and finally passed. - Carried. Moved by Councillor Faulds Seconded by Councillor Baldwin THAT By-Law No. 05-14 "A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the April 26, 2005 Meeting" be read a first and second time. - Carried. (\ (\ ! . (\ ~, , ! County Council 12 Moved by Councillor Rock Seconded by Councillor Acre THAT By-Law no. 05-14 be read a third time and finally passed. - Carried. 3469 April 26, 2005 The Chief Administrative Officer noted that one meeting would be held in May due to Victoria Day Statutory Holiday. Moved by Councillor Acre Seconded by Councillor Vowel THAT we do now adjourn at 2:40 P.M. to meet again at 9:00 A.M. on May 17, 2005. - Carried. James Mcintyre, Warden.