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June 14, 2005 Minutes 3479 COUNTY COUNCIL Tuesday, June 14, 2005 r----"'\ I < The Elgin County Council met this day at the Administration Building, at 9:03 A.M. in accordance with adjournment, with all members present except Councillors Warwick (arrived 9:08 A.M.) and Wilson. Warden Mcintyre in the Chair. Moved by Councillor Acre Seconded by Councillor Baldwin THAT the minutes from the meeting held on May 17, 2005 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF- None. DELEGATIONS Mr. Steve Beatty, Ministry of Community Safety and Correctional Services, attended at 9:04 A.M. to present a letter from Minister Kwinter, recognizing the County's achievement of the Essential Level Emergency Management Program. Mr. Beatty reminded Councillors that municipalities must achieve two more levels, Enhanced and Comprehensive, and that the timeline may change to 2007 for completion of a combined program. Warden Mcintyre thanked the delegation for the presentation and Mr. Beatty left at 9:11 A.M. Moved by Councillor Hofhuis Seconded by Councillor Rock THAT we do now move into Committee Of The Whole Council. - Carried. REPORTS Bud!le1C()mparison to April 30. 2005 - Director of Financial Services (', Moved by Councillor Rock Seconded by Councillor Baldwin THAT the report "Budget Comparison to April 30, 2005" dated May 19, 2005, from the Director of Financial Services be received and filed. - Carried. Health Privacy Policv - Manaaer of Archives The County Archivist introduced Stephen Francom, the contract Assistant Archivist, and distributed Visual Heritage Project DVD's. Moved by Councillor Hofhuis Seconded by Councillor Acre THAT the attached Health Information Privacy Policy be adopted for use by the County's long-term care facilities and provision of ambulance services in response to the Personal Health Information Protection Act (S.O. 2004); and, THAT the Manager of Archives be designated as Privacy Officer under the terms of this policy. - Carried. 3480 County Council 2 June 14, 2005 Bereavement Acknowledaement Policies - Deputv Clerk Moved by Councillor Rock Seconded by Councillor Vowel (\ THAT the revised Human Resources Policy 9.80.1 "Bereavement Acknowledgement" be adopted as presented; and, THAT the County Council Policy Manual section entitled "Bereavement" be amended to include flowers or a donation up to $75.00 would be sent to recognize the passing of Residents of the County Homes for Seniors. - Carried. Land Division Mandate and Purpose - Deputv Clerk Moved by Councillor Faulds Seconded by Councillor Baldwin THAT the report "Land Division Mandate and Purpose" dated May 3,2005, from the Deputy Clerk, be deferred to the next Council meeting when Councillor Wilson is in attendance. (\ , - Carried. Cool Aid Program - Ambulance and Emerqencv Manaaement Co-ordinator Moved by Councillor Faulds Seconded by Councillor Rock THAT a letter be sent acknowledging the contribution of the Elgin Community Care Access Centre to the invaluable Cool Aid Program. - Carried. Kinq Georqe Lift Bridqe Update - Director of Enqineerinq Services Representatives from Byrne Engineering were in attendance to answer questions from Council. The Director of Engineering Services noted the completion date was extended to accommodate unforeseen repairs that caused cost overruns. Councillors were very concerned with the tremendous cost overruns and the reasons for unforeseen repairs. The Chief Administrative Officer suggested the report be referred to the In-Camera portion of the meeting for further discussion. (' Moved by Councillor Faulds Seconded by Councillor Acre THAT the report "King George Lift Bridge Update" dated May 31, 2005, from the Director of Engineering Services, be referred to the In-Camera portion of the meeting. - Carried. Council took a break at 9:55 A.M. and reconvened at 10:07 A.M. DELEGATION Mr. Andre Martineau, General Manager, and Mr. Wayne McCracken, Manager of Electrical Engineering, from Byrne Engineering, spoke to Council on unforeseen repairs necessary for the King George Lift Bridge. The firm has offered a credit for some costs and is discussing overruns with the Director of Engineering Services. c-, I . The Warden thanked the gentlemen for the information and the delegation left at 10:26 A.M. 3481 County Councii 3 June 14, 2005 ParkinQ on Warren Street in the Villaae of Port Stanlev - Director of EnaineerinQ Services [', Councillor Hofhuis noted concerns have been raised regarding the necessity for "No Parking" restrictions on the entire length of Warren Street as only two sections were identified as problem areas. Staff from the Municipality of Central Elgin will meet with County staff on site to determine the exact areas for signage. Moved by Councillor Rock Seconded by Councillor Hofhuis THAT sign age be installed to indicate "no parking" on Warren Street in the vicinity of Sunset Drive in the Village of Port Stanley, Municipality of Central Elgin, to eliminate parking in the area hindering visibility at the intersection and at the railway crossing; and, THAT staff will determine the exact locations for the no parking areas in consultation with the Municipality of Central Elgin prior to installation of appropriate signage. - Carried. Salt Manaaement Plan - Construction Technoloaist The Construction Technologist handed out copies of the above-noted plan to Council members. Moved by Councillor Rock Seconded by Councillor Faulds THAT the Salt Management Plan, in accordance with the Code of Practice for the Environmental Management of Road Salts published April 3, 2005, be endorsed. - Carried. Wastewater Treatment Plant. Elain Manor - Director of EnaineerinQ Services Moved by Councillor Rock Seconded by Councillor Vowel THAT the tender for the new Wastewater Treatment Plant for Elgin Manor be awarded to the second lowest bidder, Aveiro Construction Limited, at the quoted price of $1,113,524.39, inclusive of all taxes; and, (' THAT the Warden and the Chief Administrative Officer be directed and authorized to sign the contract with Aveiro Construction Limited. - Carried. Custodial Contract for Administration BuildinQ - Director of EnQineerinQ Services Moved by Councillor Baldwin Seconded by Councillor Faulds THAT J & A Building Services Limited be awarded the contract to provide labour, equipment and products necessary for the custodial maintenance service at the County Administration Building at their quoted price of $213,823.44 for a three year term ending September 30, 2008. - Carried. (' Palliative Care Team Accomplishments - Director of Senior Services. Terrace LodQe The Director of Senior Services for Terrace Lodge noted that cookbooks have been compiled by Terrace Lodge staff and are available for purchase at $10 per book with the proceeds returned to the Palliative Care Committee. 3482 County Council 4 June 14, 2005 Moved by Councillor Baldwin Seconded by Councillor Vowel (', \ THAT the report "Palliative Care Team Accomplishments" dated May 31,2005, from the Director of Senior Services at Terrace Lodge, be received and filed. - Carried. CORRESPONDENCE FOR CONSIDERATION 1. Bettyanne Cobean, Clerk-Treasurer, County of Bruce, with a resolution calling on the Provincial Government to allocate the full funding pledge of $367 Million in 2005-2006, to address the shortfall and support appropriate levels of care to residents of long-term care facilities. 2. Carolyn Downs, City Clerk, City of Kingston with resolutions: 1) supporting the Federation of Canadian Municipalities motion calling on the Federal, Provincial and Local Governments to develop a comprehensive National Oral Health Strategy; 2) supporting the request by the Council of Lennox & Addington that the Province of Ontario develop a fair and consistent dental care program to be targeted at lower- wage working Ontarians. (j 3. P.M. Madill, Regional Clerk, Regional Municipality of Durham, with a resolution requesting the Province of Ontario incorporate the Slow Moving Farm Vehicle Signage as a Provincial standard. 4. Lorna Ruder, Executive Assistant, Association of Municipalities of Ontario, requesting nominations for the 2005-2006 AMO Board of Directors. 5. Duncan McPhail, Chairman, Land Division Committee, requesting reconsideration of the Land Division Committee stipend. The following recommendation was adopted respecting Correspondence Item #1 : Moved by Councillor Acre Seconded by Councillor Hofhuis THAT the Corporation of the County of Elgin supports the resolution from the County of Bruce calling on the Provincial Government to allocate the full funding pledge of $367 Million in 2005-2006, to address the shortfall and support appropriate levels of care to residents of long-term care facilities. r. - Carried. The following recommendation was adopted respecting Correspondence Item 2: Moved by Councillor Warwick Seconded by Councillor Baldwin THAT the Corporation of the County of Elgin supports the City of Kingston's resolution of support for the Federation of Canadian Municipalities' motion calling on the Federal, Provincial and Local Governments to develop a comprehensive National Oral Health Strategy; and, THAT the Corporation of the County of Elgin supports the City of Kingston's resolution of support for the Council of Lennox & Addington requesting that the Province of Ontario develop a fair and consistent dental care program to be targeted at lower-wage working Ontarians. (! - Carried. The following recommendation was adopted respecting Correspondence Item #3: County Council 3483 5 June 14, 2005 Moved by Councillor Warwick Seconded by Councillor Faulds (\ THAT Correspondence Item #3 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #4: Moved by Councillor Hofhuis Seconded by Councillor Rock THAT Correspondence Item #4 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #5: Moved by Councillor Rock Seconded by Councillor Warwick THAT the request from the County of Elgin Land Division Committee for reconsideration of the Committee's stipend be granted. - Carried. Moved by Councillor Rock Seconded by Councillor Warwick THAT the request from the Elgin County Land Division Committee to increase the Committee's stipend to an honorarium of $3,000 per annum, plus the current investigation fees and travel allowance, be granted; and, THAT the necessary By-Law be prepared with an effective date of July 1,2005. - Carried. CORRESPONDENCE FOR INFORMATION (\ \ 1. Dianne Wilson, Deputy Clerk, Municipality of Central Elgin, with a resolution requesting the County to commence the Sunset Drive/Road reconstruction project as soon as possible. 2. Peter Dutchak, Manager of Road Infrastructure, with a letter responding to "Items for Information Correspondence Item #1 ", concerning the Sunset Drive/Road reconstruction project. 3 Hon. Dr. Marie Bountrogianni, Minister of Citizenship and Immigration, advising that Bill 118, the Accessibility for Ontarians with Disabilities Act, 2005, passed third reading. 4. Federation of Canadian Municipalities, Members' Advisory, "Time to Stay Focused on Passing the Budge!". 5. Cynthia St. John, Chief Administrative Officer, Elgin-St. Thomas Health Unit, with the Elgin-St. Thomas Health Unit Financial Statements for the year ending December 31, 2004 and the Auditors' Report to the Board of Health. 6 News Release from the Ministry of Public Infrastructure Renewal announcing a new (\ Five-Year Public Infrastructure Investment Plan. 7. Hon. Dalton McGuinty, Premier of Ontario, acknowledging Council's resolution regarding support for the grain and oilseed farmers. County Council 6 June 14, 2005 3484 8. Hon. George Smitherman, Minister of Health and Long-Term Care, acknowledging Council's resolution regarding the funding shortfall to the Municipalities of Ontario for the provision of Land Ambulance services. (' 9. Chris Tasker, P. Eng., Source Protection Project Manager, Upper Thames River Conservation Authority, regarding the development of watershed based source water protection plans. 10. Registration Forms for the 2005 AMO Annual Conference August 14-17, Westin Harbour Castle, Toronto. 11. AMO News Release, "OMERS Devolution Bill Will Mean Higher Costs for Municipalities and Municipal Employees". 12. Norfolk County, News Release June 2,2005, "Ontario Mayors Join Forces for Agriculture's Future". Moved by Councillor Hofhuis Seconded by Councillor Rock THAT Correspondence Items #1-12 be received and filed. r-' - Carried. Concerning Correspondence Item #11, Human Resources staff was directed to investigate and report to Council on the impact of the proposed legislation regarding OMERS devolution and to invite a representative to speak to the implications at a future Council meeting. OTHER BUSINESS Statementsllnauiries bv Members The Deputy Clerk noted that Elgin Community Futures Development Corporation is hosting a Familiarization Tour in East Elgin, in conjunction with the area Mayors, on June 23, 2005. A dinner is being held on the evening of June 22, 2005 at the Stoneridge Inn beginning at 6:00 P.M. Councillors will confirm attendance with staff by the end of the day. Notice of Motion - None. (\ Matters of Urgency - None. Council took a break at 11 :30 A.M. and reconvened at 11 :40 A.M. The County Tree Commissioner attended at 11 :40 A.M. and left at 11:48 A.M. Moved by Councillor Baldwin Seconded by Councillor Faulds THAT we do now proceed In-Camera to discuss legal matters. - Carried. Staff was excused at 12:35 P.M. exceptfor the Director of Human Resources and the Chief Administrative Officer. Moved by Councillor Vowel Seconded by Councillor Faulds (--', THAT we do now rise and report. - Carried. 3485 County Council 7 June 14, 2005 Moved by Councillor Baldwin Seconded by Councillor Acre (\ THAT the property owner of Lot Z, Conc. 2, Municipality of West Elgin, who cleared 0.425 hectares of woodlands to create additional farmland without prior submission and approval of a Minor Exception Application, pay a fine of $500.00 as outlined in the Elgin County Tree By-Law Investigation and Enforcement Protocols; and, THAT the property owner replant 750 trees on the said property or donate the equivalent number of trees in accordance with the Elgin County's "No Net Loss Policy" to be replanted within Elgin County to replace those that were destroyed for the squaring of the agricultural field; and further, THAT, a letter be sent to the contractor who cleared the woodlands outlining the Elgin County By-Law relating to land clearing stating that authorization from the County is required prior to any land clearing. - Carried. Moved by Councillor Vowel Seconded by Councillor Acre (0 THAT the solicitor for the County of Elgin settle the legal matter discussed in the report by Engineering Services dated May 18, 2005; and also, THAT the funds over and above the budgeted amount for said settlement be allocated from contract efficiencies. - Carried. Moved by Councillor Faulds Seconded by Councillor Warwick THAT staff be directed to pay the invoices for the work related to repairing and commissioning the King George Lift Bridge, less the holdback, utilizing the Bridge Reserve as required, and request that the Consulting Engineer present a full accounting and explanation of project costs for Council's consideration. - Carried. (' Moved by Councillor Acre Seconded by Councillor Warwick THAT we do adopt the recommendations of the Committee Of The Whole Council. - Carried. BY-LAWS Moved by Councillor Faulds Seconded by Councillor Hofhuis THAT By-Law No. 05-18 "A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the June 14, 2005 Meeting" be read a first and second time. - Carried. Moved by Councillor Vowel n Seconded by Councillor Rock THAT By-Law No. 05-18 be read a third time and finally passed. - Carried. 3486 County Council 8 June 14, 2005 Moved by Councillor Faulds Seconded by Councillor Rock r~, THAT we do now adjourn at 1 :18 P.M. to meet again at 9:00 A.M. on June 28, 2005. - Carried. ;~ , James Mcintyre, Warden. 9. McDQ..-,~, Chief Administrative Officer. (~" (\