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July 26, 2005 Minutes COUNTY COUNCIL Tuesday, July 26, 2005 The Elgin County Council met this day at the Bobier Villa, Dutton, at 9:08 A.M. in accordance with adjournment, with all members present except Councillor Rock. Warden Mcintyre in the Chair. The Director of Senior Services welcomed Council to the Bobier Villa and noted Residents and staff were very pleased that Council was meeting here today. Warden Mcintyre thanked the Director for her efforts in preparing Whitelock Place for the meeting. Moved by Councillor Faulds Seconded by Councillor Baldwin THAT the minutes for the meeting held on June 28,2005 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF- None. PRESENTATIONS Warden Mcintyre presented a framed certificate of recognition to Mrs. Audrey Major, a Resident of Bobier Villa, for her poem written about the Bobier Villa which was published in an international poetry publication. Mrs. Major thanked the Warden for the presentation. A presentation to Mrs. Dorothy Bechard recognizing her efforts in raising $6,700 for an FM System for Residents of Bobier Villa with hearing loss was deferred to a future meeting, as Mrs. Bechard was ill and unable to attend. Warden Mcintyre asked Councillor Acre to present a poem she had written regarding the groundbreaking by AIM PowerGen to begin installation of wind turbines in the Municipality of Bayham and the Township of Malahide. Councillor Acre recited the poem from memory. Moved by Councillor Acre Seconded by Councillor Baldwin THAT we do now move into Committee Of The Whole Council. - Carried. NOTICE OF MOTION Moved by Councillor Baldwin Seconded by Councillor Vowel THAT the current wage of the Land Division Committee be reconsidered at the July 26, 2005 Council meeting. - Carried. Councillors discussed various methods of payment to the Land Division Committee members and compared per diems with other boards and committees. Moved by Councillor Baldwin Seconded by Councillor Vowel THAT the per diem paid to the Land Division Committee members be increased to $150.00 per meeting plus mileage, and inspection fees be increased to $60.00 for each application County Council 2 July 26, 2005 that a member investigates plus $30.00 for all subsequent applications relating to the same parcel of land; and, THAT the Chairman of the Committee receive an additional $250.00 per year to recognize additional responsibilities of the position; and, THAT the per diem amounts be reviewed in two years' time. - Carried. Warden Mcintyre requested consideration of a contingency plan in the event of quorum difficulties on the Land Division Committee. Moved by Councillor Baldwin Seconded by Councillor Wilson THAT the Warden and/or his designate may attend Land Division Committee meetings as a voting member in order to maintain quorum, if required. - Carried. REPORTS Aoolication for Minor Exceotion. Otter Valley Utility Corridor. Lot 13 to 25. Concession 2 to 9. Municioality of Bayham - Tree Commissioner Moved by Councillor Faulds Seconded by Councillor Hofhuis THAT the Application for Minor Exception to the Trees Act from Aim Power Generation, to clear 6.07 hectares of woodlands along Otter Valley Utility Corridor, Lots 13 to 25, Concessions 2 to 9, Municipality of Bayham, in order to create a 115 KV hydro transmission line, be approved subject to 10,500 trees being replanted or a $15,750 donation being made to the Corporation of the County of Elgin for future replanting of trees within the County of Elgin; and further, THAT, should a donation be received, the funds be placed in reserves until suitable replanting sites are determined and recommended by the Tree Commissioner and approved by County Council. - Carried. Aoolication for Minor Exceotion. Lot 23. Concession A. Municioality of West Elain - Tree Commissioner Moved by Councillor Vowel Seconded by Councillor Faulds THAT, the Application for Minor Exception to the Trees Act from Tyler and Christina Henricks, to clear 0.34 hectares of woodlands to create an agricultural access lane, on Lot 23, Concession A, Municipality of West Elgin, be approved subject to 600 trees being replanted or an equivalent donation being made to a local conservation/heritage association. - Carried. Private Sians on Municioal Riahts of Way - Director of Enaineerina Services Moved by Councillor Wilson Seconded by Councillor Acre THAT the County of Elgin continue the present policy of not permitting the use of private signs on municipal rights-of-way; and also, County Council 3 July 26, 2005 THAT constituent municipalities may submit, by resolution, a request to remove signage along County roadways for consideration by County Council, with the understanding that said signage would be removed by the requesting municipality. - Carried. SDeed Limit UDdate - Director of Enaineerina Services Moved by Councillor Baldwin Seconded by Councillor Warwick THAT the following Schedules setting out Maximum Rates of Speed of 50 kilometres per hour and Maximum Rates of Speed of 60 kilometres per hour be adopted and Speed Limit By-Laws No. 01-37, 02-28 and 02-38 be repealed: Schedule A - Maximum Rate of Speed 50 kilometres per hour By-Law Item # Location Comments 3 County Road 4 Transfer of old connecting link to County Road system (Colborne Street) 4 County Road 4 Transfer of old connecting link to County Road system (Bridge Street) with lift bridge. 13 County Road 19 Currently posted as 50 km/hr but included in the 60 (Plank Road) km/hr listing in the bylaw 16 County Road 20 A Council approved change of speed from 60 km/hr to (Union Road) 50 km/hr 19 County Road 20 Not included in by-law (Carlow Road) 33 County Road 37 Council approved decrease in speed limit (Avon Drive) 34 County Road 38 A Council approved increase in the length of speed (Heritage Line) zone 35 County Road 38 Currently posted as 50 km/hr but included in the 60 (Heritage Line) km/hr listing in the bylaw 42 County Road 43 Currently posted as 50 km/hr but included in the 60 (Richmond Road) km/hr listing in the bylaw 54 County Road 73 Transfer of old connecting link to County Road system (John Street) 55 County Road 73 Transfer of old connecting link to County Road system (John Street) 57 County Road 74 Transfer of old connecting link to County Road system (Belmont Road) 58 County Road 76 Transfer of old connecting link to County Road system (Graham Road) 59 County Road 76 Transfer of old connecting link to County Road system (Graham Road) Schedule B - Maximum Rate of Speed 60 kilometres per hour By-Law Item # Location Comments 6 County Road 4 Currently posted as 60 km/hr but included in the 50 (Sunset Drive) km/hr listing in the bylaw 7 County Road 7 Not included in previous by-laws (Clachan Road) 8 County Road 7 Not included in previous by-laws (Clachan Road) 11 County Road 27 Currently posted as 60 km/hr from Sunset Road (Sparta Line) westerly 1 ,860 meters. Extend zone to the east limit of Union Road. New County Road 48 Built up area (Ferguson Line) New County Road 52 Built up area (Ron McNeil Line) - Carried. County Council 4 July 26, 2005 Title Chanae with OMERS - Manaaer of Administrative Services Moved by Councillor Hofhuis Seconded by Councillor Faulds THAT By-Law No. 1838 as amended by By-Law No. 89-51 be further amended to reflect the Current title "Director of Human Resources" to act as Agent on behalf of the Corporation of the County of Elgin to execute all documents and to do all such things as are necessary to participate in OMERS. - Carried. 2004 Surolus - Director of Financial Services Moved by Councillor Faulds Seconded by Councillor Acre THAT the balance of available surplus of $289,339 as indicated in the report entitled "2004 Surplus", dated June 20, 2005, be utilized as follows: a) reduce the shortfall in the 2005 capital budget by $189,339; and, b) increase the training reserve by $25,000; and, c) increase the WSIB reserve by $75,000. - Carried. Council took a break at 9:58 to tour the Bobier Villa facilities with the Director of Senior Services and reconvened at 10:20 A.M. Health Unit Refund of Surolus - Director of Financial Services Moved by Councillor Faulds Seconded by Councillor Baldwin THAT the Elgin-St. Thomas Health Unit surplus funds of $137,194.69, net of the West Nile Virus funding request of $17,549.17, be recorded as miscellaneous revenue. - Carried. Budaet Comoarison to Mav 31. 2005 - Director of Financial Services Moved by Councillor Vowel Seconded by Councillor Acre THAT the report entitled "Budget Comparison to May 31,2005" dated June 23,2005 from the Director of Financial Services be received and filed. - Carried. Aooroval of Museum Contribution Aareement - Director of Library Services and Manaaer of Archives Moved by Councillor Wilson Seconded by Councillor Faulds THAT the Warden and the Chief Administrative Officer be authorized to execute a funding agreement under Ontario's Sports, Culture and Tourism Partnerships Initiative to renovate the fourth floor of the Elgin County Administration Building as the future home of the Elgin County Pioneer Museum, based on contribution levels of $40,000 from the Federal Government, $80,000 from the Provincial Government and $240,000 from the County of Elgin; and, County Council 5 July 26, 2005 THAT Spriet Associates be authorized to design and project manage renovations according to the terms of the funding agreement for a fee of $40,125 (including GST) and based on a total project budget of $400,000; and, THAT the Warden issue letters of appreciation to MP Joe Preston and MPP Steve Peters for their support of this application. - Carried. Thames EMS Second Annual Performance Review - Director of Financial Services Councillors discussed various items of concern and the Director of Financial Services will forward them to the Ambulance and Emergency Management Co-Ordinator for review. Moved by Councillor Baldwin Seconded by Councillor Faulds THAT the report entitled "Thames EMS Second Annual Performance Review" dated July 19, 2005 from the Ambulance and Emergency Management Co-Ordinator be received and filed. - Carried. Aareement with the Town of Avlmer for Reaulation of Traffic - Manaaer of Administrative Services Moved by Councillor Wilson Seconded by Councillor Baldwin THAT the Corporation of the County of Elgin hereby consents to the transfer of specified powers for the regulation of traffic upon John Street, Elm Street, and Beech Street within the geographic boundaries of the Town of Aylmer to the Corporation of the Town of Aylmer; and, THAT the Warden and the Chief Administrative Officer be authorized to sign the agreement and the appropriate by-law be prepared. - Carried. CORRESPONDENCE Items for Consideration 1. Marian Millman, Chair, Board of Governors, St. Thomas-Elgin General Hospital regarding County representation on the Hospital Board of Governors. 2. Jenny Phillips, Chair, Joint Elgin/Central Elgin Accessibility Advisory Committee, regarding the appointment of Ms. Donna Baldwin, Eden, Ontario, as representation from eastern Elgin County and requesting a change in the voting membership from three members to the five members on the Committee. 3. City of Clarence-Rockland, with a resolution petitioning the Provincial Government to consider amending the formula used to calculate a municipality's debt capacity. 4. Township of Springwater, Township of Clearview and Town of Wasaga Beach, with a resolution requesting assistance of other non-contract municipalities and A.M.O. in lobbying the Province for equity with the contract municipalities. 5. Anita Dubeau, Mayor, Town of Penetanguishene, requesting Council's support that the Ministry of Finance review the methodology to allocate grants under the OMPF as it is unfair to taxpayers in urban areas. 6. Cynthia St. John, Chief Administrative Officer, Elgin-St. Thomas Health Unit, with West Nile Budget request for 2005. County Council 6 July 26, 2005 The following recommendation was adopted respecting Correspondence Item #1 : The Warden was directed to respond on behalf of Council to express its sentiments regarding the long-standing appointment to the Hospital Board. Moved by Councillor Faulds Seconded by Councillor Acre THAT Correspondence Item #1 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #2: Moved by Councillor Hofhuis Seconded by Councillor Wilson THAT Elgin County Council endorse the appointment of Ms. Donna Baldwin, from Eden, Ontario, as a voting member on the Joint Elgin/Central Elgin Accessibility Advisory Committee; and further, THAT all five positions on the Committee be permitted voting status. - Carried. The following recommendation was adopted respecting Correspondence Item #3: Moved by Councillor Baldwin Seconded by Councillor Acre THAT Correspondence Item #3 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #4: Moved by Councillor Warwick Seconded by Councillor Hofhuis THAT Correspondence Item #4 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #5: Moved by Councillor Wilson Seconded by Councillor Baldwin THAT Correspondence Item #5 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #6: Moved by Councillor Baldwin Seconded by Councillor Vowel THAT the additional amount owing to the Elgin-St. Thomas Health Unit of $17,549.17 for expenditures incurred for the 2005 West Nile Virus Program be approved. - Carried. County Council 7 July 26, 2005 Items for Information (Consent Aaenda) 1. John K. Oosterhof, Warden, County of Dufferin, with correspondence to President Roger Anderson, Association of Municipalities of Ontario, concerning the formula for Federal Gas Tax calculations and the impact on small rural municipalities. 2. Ontario News Release Communique: 1) Government and Business Work Together to Bring Stronger Protections to Consumers; 2) Ontario Supports Community Revitalization; 3) Ontario Supports Improved Access to Health-Care Services in Rural Ontario. 3. Honourable Greg Sorbara, Minister of Finance, responding to Council's resolution supporting the request for the provincial government to adjust the distribution formula used for sharing the provincial gas tax. 4. Ontario Ministry of Health and Long-Term Care announcing Leadership of Local Health Integration Networks. 5. Jeff Marshall, Government Relations Specialist, CAA South Central Ontario, outlining changes in the organization's programs and National Highways Strategy program to ensure money collected from gas taxes is returned to community infrastructure programs. 6. Ministry of Municipal Affairs and Housing and the Association of Municipalities of Ontario, announcing the 2005 Ontario Southwest Municipal Conference, November 18, 2005, at Best Western Lamplighter Inn, London, Ontario. 7. AMO Member Communication ALERT, MOE Seeking Input on Board Policy Proposal for the Regulation of Drinking Water Systems in Ontario. 8. Ontario Association of Non-Profit Homes and Services for Seniors with "Province to Pay Only a Dollar More a Day Per Resident for the Delivery of Long Term Care". 9. Hon. Steve Peters, M.P.P., Elgin-Middlesex-London, regarding a press release from Ms. Kimberley Johnson, a St. Thomas Lawyer and President of the Elgin Law Association, concerning the existing court facilities in this community and the government's recent announcement on pending improvements to the facilities. 10. Hon. George Smitherman, Minister of Health, with update on health care reform concerning community-based health care and LTC Homes programs and base funding. 11. Staff Sergeant Ryan Cox, Detachment Commander, Elgin County OPP, thanking Council for the presentation of two framed photographs of OPP cruisers. Councillor Hofhuis, referring to Correspondence Item #10, indicated that Central Elgin has sent a letter to MPP Peters asking for an explanation why the government is so tardy in responding to letters from Fire Departments. Council requested a copy of the letter be forwarded to County Council and Lower-Tier Councils for endorsement. Moved by Councillor Acre Seconded by Councillor Vowel THAT Correspondence Items #1-11 be received and fi led. - Carried. OTHER BUSINESS Statements/lnauiries bv Members Councillor Wilson requested an update on slope stabilization measures on Belmont Road south of Ron McNeil Line. Staff indicated they are monitoring the situation, barriers are in place, and boreholes have been made and are awaiting approvals from ministries. Notice of Motion - none County Council 8 July 26, 2005 Matters of Uraencv Moved by Councillor Wilson Seconded by Councillor Faulds THAT Council consider provision of a field entrance by the County to a former entranceway on a property on Avon Drive as a matter of urgency. - Carried. Councillor Wilson noted that a former driveway exists on a property on Avon Drive where highway construction is currently being undertaken. The property owner is requesting that the County provide a field entrance on the property as it was used as an access in the past. Staff reported that a site inspection did not reveal physical evidence of present use as an access to the field, and as such does not meet County policy to replace the entrance at County expense of approximately $3,000. Staff indicated the entrance permit fee has been waived and a catch-basin and slope stabilization in the area would be provided. The Chief Administrative Officer noted agreement to provide the access could be considered as an exceptional circumstance and no change to policy be made, however Council may receive comments from the public on this matter. Moved by Councillor Wilson Seconded by Councillor Faulds THAT the County of Elgin, at its cost, provide a field entrance to a former driveway on Avon Drive (property known as 5891 Putnam Road) at the request of the landowner, during construction activity currently being carried out on the roadway. Councillor Wilson requested a recorded vote. These were recorded as follows: YEAS NAYS ABSENT Warwick Vowel Rock Hofhuis Baldwin Wilson Faulds Acre Mcintyre TOTAL 5 3 As a result of the Record Vote the Motion was Carried. Council took a break at 11 :41 A.M. to attend the dedication of the fence donated by the Bobier Family and moved from the former Bobier Convalescent Home to the Bobier Villa. Council reconvened at 12:17 P.M. Councillor Wilson noted an excellent article on the achievements of the East Elgin Community Complex appeared in a recent edition of the London Free Press Business Section and was available if Councillors wished to read it. Councillor Wilson showed a copy of the Norfolk Economic Development and Community Profile publication and noted the information contained in it would become increasingly important in the future and suggested the County may wish to produce this type of booklet. Moved by Councillor Faulds Seconded by Councillor Acre THAT we do adopt the recommendations of the Committee of the Whole Council. - Carried. County Council 9 July 26, 2005 BY-LAWS Moved by Councillor Vowel Seconded by Councillor Hofhuis THAT By-Law No. 05-22 "Being a By-Law to Authorize the County of Elgin to Enter a Funding Agreement with Her Majesty The Queen in Right of Ontario, as Represented by the Minister of Municipal Affairs and Housing, Respecting the Canada-Ontario Municipal Rural Infrastructure Fund Initiative" be read a first and second time. - Carried. Moved by Councillor Wilson Seconded by Councillor Acre THAT By-Law No. 05-22 be read a third time and finally passed. - Carried. Moved by Councillor Faulds Seconded by Councillor Baldwin THAT By-Law No. 05-23 "Being a By-Law to Amend By-Law No. 1838, as Amended by By-Law No. 89-51, to Authorize the Director of Human Resources to Execute Documents with Respect to Ontario Municipal Employees' Retirement System" be read a first and second time. - Carried. Moved by Councillor Hofhuis Seconded by Councillor Vowel THAT By-Law No. 05-23 be read a third time and finally passed. - Carried. Moved by Councillor Baldwin Seconded by Councillor Acre THAT By-Law No. 05-24 "Being a By-Law to Prescribe Procedures for Governing the Calling, Place and Proceedings of the Elgin County Land Division Committee" be read a first and second time. - Carried. Moved by Councillor Hofhuis Seconded by Councillor Vowel THAT By-Law No. 05-24 be read a third time and finally passed. - Carried. Moved by Councillor Wilson Seconded by Councillor Warwick THAT By-Law No. 05-25 "Being a By-Law to Authorize the Warden and the Chief Administrative Officer to Sign an Agreement with the Corporation of the Town of Aylmer to Transfer Specified Powers from the Corporation of the County of Elgin to the Corporation of the Town of Aylmer" be read a first and second time. - Carried. County Council 10 July 26, 2005 Moved by Councillor Baldwin Seconded by Councillor Acre THAT By-Law No. 05-25 be read a third time and finally passed. - Carried. Moved by Councillor Baldwin Seconded by Councillor Faulds THAT By-Law No. 05-26 "Being a By-Law to Authorize the Warden and the Chief Administrative Officer to Sign a Vehicle Lease Agreement with Eastway Ford" be read a first and second time. - Carried. Moved by Councillor Acre Seconded by Councillor Vowel THAT By-Law No. 05-26 be read a third time and finally passed. - Carried. Moved by Councillor Baldwin Seconded by Councillor Faulds THAT By-Law No. 05-27 "A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the July 26th, 2005 Meeting" be read a first and second time. - Carried. Moved by Councillor Acre Seconded by Councillor Vowel THAT By-Law No. 05-27 be read a third time and finally passed. - Carried. Moved by Councillor Faulds Seconded by Councillor Baldwin THAT we do now adjourn at 12:25 P.M. to meet again at the County Administration Building, St. Thomas, on September 13,2005 at 9:00 A.M. - Carried. Mark G. McDonald, Chief Administrative Officer. James Mcintyre, Warden.