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June 28, 2005 Minutes COUNTY COUNCIL Tuesday, June 28, 2005 The Elgin County Council met this day at the Administration Building, at 9:03 A.M. in accordance with adjournment, with all members present. Warden Mcintyre in the Chair. Moved by Councillor Vowel Seconded by Councillor Hofhuis THAT the minutes from the meeting held on June 14, 2005 be adopted. - Carried. PRESENTATIONS Warden Mcintyre presented Certificates and Recognition Awards for Long Service to the following employees and thanked them for their dedication: HOMES FOR SENIORS Margaret Dyck 25 years (full-time) Bobier Villa Lise Jones 25 years (full-time) Terrace Lodge Jewell McKenzie 25 years (full-time) Elgin Manor Chris Symms 25 years (full-time) Elgin Manor Claire Labonte 20 years (full-time) Elgin Manor Lin McCann 20 years (full-time) Bobier Villa John Smith 20 years (full-time) Elgin Manor Venna West 20 years (part-time) Elgin Manor Garry Hepburn 15 years (full-time) Elgin Manor Patty Wilson 15 years (part-time) Elgin Manor Christine Fielding 10 years (full-time) Elgin Manor Sandra Powers 10 years (full-time) Elgin Manor Corrie Shivak 10 years (full-time) Terrace Lodge Debbie Adams 10 years (part-time) Terrace Lodge Robyne Ford 10 years (part-time) Bobier Villa Janice Krebs 10 years (part-time) Bobier Villa LIBRARY SERVICES Carol Smetheram 25 years (part-time) Port Stanley Library HUMAN RESOURCES Kelly Carr 15 years (part-time) DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF- None. Moved by Councillor Rock Seconded by Councillor Baldwin THAT we do now move into Committee Of The Whole Council. - Carried. County Council 2 June 28, 2005 REPORTS Tree Commissioner and Weed Insoector Leased Vehicle - Manaaer of Administrative Services and Purchasina Co-Ordinator Moved by Councillor Hofhuis Seconded by Councillor Rock THAT one 2005 F150-F12 pickup be leased for the County Tree Commissioner for a 36- month term from Eastway Ford for the submitted up-front one lease payment price of $14,847.65 inclusive of all taxes and fees, with funds allocated from the Capital - Vehicle Replacement fund; and, THAT the lease for the 2002 F150 Ford pickup be continued for the same monthly fee of $398.00 per month (taxes included) up to the delivery of the new 2005 Ford F150. - Carried. Land Division Mandate and Puroose - Manaaer of Administrative Services The Chief Administrative Officer explained that the Land Division Committee is governed by provisions set out in the Planning Act and that by way of this report the Committee's mandate has now been put into writing. Moved by Councillor Rock Seconded by Councillor Warwick THAT the Policy entitled "Procedures Governing the Calling, Place, and Procedures of Meetings of the Land Division Committee for the County of Elgin" be adopted and the necessary by-law prepared. - Carried. Caooina Ootions - Director of Financial Services The Director of Financial Services advised Council that reassessment would affect 2006 taxes and commercial properties would be most noticeably affected. Moved by Councillor Faulds Seconded by Councillor Acre THAT, for 2005, capped properties remain at the 50k capping level as legislated in previous years; and, THAT the capping options be reviewed in 2006. - Carried. New Construction Tax Treatment - Director of Financial Services Moved by Councillor Rock Seconded by Councillor Baldwin THAT the minimum percentages for new construction, 700k in 2005, 800k in 2006, 900k in 2007, and 1000k in 2008 be selected; and, THAT the appropriate by-law be prepared. - Carried. County Council 3 June 28, 2005 Federal Gas Tax Allocation - Director of Financial Services Moved by Councillor Rock Seconded by Councillor Faulds THAT the report "Federal Gas Tax Allocation" dated June 21, 2005, from the Director of Financial Services, be received and filed. - Carried. Surolus Book Sale - Manaoer of Archives and Purchasino Co-Ordinator The Manager of Archives noted that over the past 20 years the County has received many books that do not pertain to Elgin County or fit into the Archive collection mandate and that auctioning the surplus books would bring the best return. Moved by Councillor Rock Seconded by Councillor Acre THAT the Director of Library Services be authorized to enter into an agreement with Cosens Auctions to auction surplus historical publications of the Elgin County Library as approved by the Manager of Archives, with the County retaining 55-650k (percent) of all proceeds from this sale, which includes 100k (percent) premium fee, plus $50.00 per hour for cartage (taxes extra). - Carried. Warden Mcintyre displayed the Alexander Fraser Award, presented to Mr. Brian Masschaele, Manager of Archives, and congratulated him on receiving the honour at the recent Archives Association of Ontario Conference, where Mr. Masschaele presented a profile on the evolution of the Elgin County Archives. The award was presented to Mr. Masschaele for his outstanding contributions to the Archival Community in Ontario. Mr. Masschaele expressed his appreciation to Council for their wishes. Security Services - Purchasino Co-Ordinator and Director of Enoineerino Services Council questioned the need for security systems in occupied buildings and how the alarm is responded to when considering the nature of a fire or emergency. The Director of Seniors Services for Elgin Manor explained that it is industry standard to have automated monitoring systems in Homes for Seniors. Moved by Councillor Rock Seconded by Councillor Faulds THAT the Warden and the Chief Administrative Officer be authorized and directed to sign the agreement for security service with ADT Security Services until July 1 , 2008; and, THAT prior to the end of the term (June 30, 2008), staff report to Council with a recommendation on whether or not it is in the best interest of the County to issue a Request for Quotation for Security Service. - Carried. Avon Drive Reconstruction - Construction Technolooist and Purchasino Co-Ordinator Moved by Councillor Hofhuis Seconded by Councillor Faulds THAT Birnam Excavating Limited be selected to provide labour, equipment and material required for the reconstruction of Avon Drive (County Road #37) at the quoted price of $445,919.78 inclusive of all taxes; and, THAT the Warden and the Chief Administrative Officer be directed and authorized to sign the agreement for the Reconstruction of Avon Drive. - Carried. County Council 4 June 28, 2005 2004 Lower Tier Ooerations Cost Summary - Manaoer of Road Infrastructure Moved by Councillor Acre Seconded by Councillor Faulds THAT the report "2004 Lower Tier Operations Cost Summary" dated June 8,2005, from the Manager of Road Infrastructure, be received and filed. - Carried. In-Kind Suooort for the VON Great Community Walk - Director of Senior Services. Elain Manor Moved by Councillor Baldwin Seconded by Councillor Acre THAT the report "In-Kind Support for the VON Great Community Walk" dated June 22, 2005, from the Director of Senior Services, Elgin Manor, be received and filed. - Carried. Ontario Municioal Partnershio Fund (OMPF) - Chief Administrative Officer The Chief Administrative Officer highlighted the report for Council, noting that a meeting was requested by the County through Steve Peters, M.P.P., Elgin-Middlesex-London, with Ministry of Finance staff, to discuss details of the program. The Chief Administrative Officer advised that the gas tax may be a conditional grant. Moved by Councillor Wilson Seconded by Councillor Vowel THAT the report "Ontario Municipal Partnership Fund (OMPF)" dated June 22,2005, from the Chief Administrative Officer, be received and filed. - Carried. Council took a break at 10:15 and reconvened at 10:27 A.M. Sunset Road Enoineerino (this item was "walked in") Moved by Councillor Rock Seconded by Councillor Faulds THAT Spriet Associates be selected to provide engineering services, contract inspection and contract administration for Sunset Road, Contract No. 6090-05-02 for their submitted price of $394,081 inclusive of all taxes. - Carried. CORRESPONDENCE ITEMS FOR CONSIDERATION 1. Warden Patricia Davidson, County of Lambton, with a resolution concerning the costs in the dissolution of District Health Councils and the establishment of the LHINs. The following recommendation was adopted respecting Correspondence Item #1 : Moved by Councillor Rock Seconded by Councillor Baldwin THAT Correspondence Item #1 be received and filed. - Carried. County Council 5 June 28, 2005 ITEMS FOR INFORMATION 1. Association of Municipalities of Ontario, Member Communication ALERT, 1) "Legislative Updates: - Bill 128 re: Marijuana Home Grow Operations - Legislation to End Mandatory Retirement" 2) AMO on the Ontario Municipal Partnership Fund 3) COMRIF Intake Two Launch Planned for Mid-June 4) COMRIF Intake Two Launched 5) AMO Secures $2.2 Billion Gas Tax Deal for Ontario Municipalities. 2. Ontario Municipal Board, with its decision on a motion for costs on an appeal against a Land Division Committee Decision. 3. Marie Hubbard, Chair, Ontario Municipal Board, advising the 2003-2004 Ontario Municipal Board and Board of Negotiation Annual Report has been released. 4. Greg Sorbara, Minister of Finance, acknowledging Council's correspondence concerning the Community Reinvestment Fund and provincial gas tax fund allocation. 5. Michael S. Raymond, Chair, Western Ontario Warden's Caucus, with copy of correspondence to Prime Minister Paul Martin, congratulating the government on the passage of the Budget. 6. Ontario News Release Communique: 1) Government Supports Growth of Local Business 2) McGuinty Government Enhances Greenbelt Legacy 3) Ontario Government Strengthens Prosperity in West Nipissing 4) Ontario Strengthens Prosperity in Timmins 5) Ontario Invests in Building Stronger Communities in Ingersoll 6) Government Strengthens Prosperity in Hearst. 7. City of London, with an invitation to tour the new Dearness Home on Wednesday, July 6, 2005 from 1 :00 to 3:00 p.m. 8. Centre for Advancement of Trenchless Technologies (CA TT) and Benjamin Media Inc., hosting the Niagara Falls Rehab Road Show "Infrastructure Management and Renewal", June 21-23,2005, at the Brock Plaza Hotel. 9. Ontario, Ministry of Municipal Affairs and Housing Press Release, June 16, 2005, "Greenbelt Foundation Board Members". 10. Michael Coleman, President, Federation of Canadian Municipalities, MEMBERS' ADVISORY, "Congratulations to Ontario's Municipalities", concerning the "New Deal" for cities and communities. 11. Hicks Morley, Barristers & Solicitors, Client Update, June 10, 2005, The Overhaul of OMERS. 12. AMO Member Communication ALERT, "MOE Releases Proposed Amendments to Regulation 170". Moved by Councillor Hofhuis Seconded by Councillor Rock THAT Correspondence Items # 1-12 received and filed. - Carried. OTHER BUSINESS Statements/lnauiries bv Members Councillor Hofhuis approached Council regarding the number of signs displayed on the County Road allowance leading into Port Stanley, and the possibility of having some of County Council 6 June 28, 2005 them removed in time for the Communities In Bloom event this year. Event organizers for the community felt the large number of signs detracted from the aesthetics of the Village. Council and staff discussed the issue of safety and the policy currently followed by Engineering Services. Staff were requested to review the current policy and report, with possible changes, for review and consideration by Council. Councillor Baldwin reported that he recently participated in an East Elgin Familiarization Tour along with other officials, looking at crop diversification in Elgin County and was amazed at the variety of crops being grown to replace tobacco. Crops such as asparagus, herbs, Belgium Endive, Mexican Oregano (a chemically important anti-bacterial agent) have had a significant impact on recovery after the loss of tobacco crops. Councillor Wilson noted the diversity of the crops and the ingenuity of the producers. Notice of Motion - none Matters of Uraencv - none Moved by Councillor Hofhuis Seconded by Councillor Rock THAT we do now proceed In-Camera to discuss legal matters. - Carried. Moved by Councillor Wilson Seconded by Councillor Acre THAT we do now rise and report. - Carried. Mr. Randy Denning, Mr. Mac Gilpin, and Mr. Ron Leirsch, Thames EMS entered Council Chambers at 10:45 and left at 11 :08 A.M. Moved by Councillor Rock Seconded by Councillor Faulds THAT the update from Thames EMS on recent contract negotiations be received and filed. - Carried. Moved by Councillor Acre Seconded by Councillor Faulds THAT the County of Elgin enter into the standard Road User Agreement with AIM PowerGen Corporation for the purpose of erecting a hydro electricity transmission line on County road allowances with the following amendments: 1 . The agreement will be an easement. 2. The County and its agents will be released from all liability from its actions, whether negligent or not. 3. The County retains the right to enter upon the easement lands for our purposes without obtaining approval or giving notice. 4. The agreement can only be terminated upon default of the agreement. 5. The agreement term shall be for an initial 15 years and automatically renewed for an additional 10 years upon the company's request (25-year agreement). 6. The County's total legal fees for this file will be paid for by the company. 7. The company will pay the County $10,000 initially and $5,000 annually thereafter through the agreement term. 8. All other conditions included within the original Road User Agreement will be maintained. - Carried. County Council 7 June 28, 2005 Council took a short break at 11 :20 and reconvened at 11 :25 A.M. Warden Mcintyre left the meeting at 11 :25 A.M. to attend an announcement related to court facilities. Councillor Hofhuis, as Deputy Warden for June, took the Chair. Moved by Councillor Acre Seconded by Councillor Wilson THAT the Warden and the Chief Administrative Officer be authorized and directed to sign a Lease with Larry Craig; and also, THAT staff be directed to refurbish office space for the new tenant on the third floor at the County of Elgin Administration Building; and also, THAT the lease start on September 1,2005 for a two-year term at a lease payment of $13.00 per square foot per year. - Carried. The Chief Administrative Officer reported on a pending legal matter affecting a contract. The Director of Engineering Services reported on a prospective tenant looking at office space in the area currently occupied by the Human Resources Department. Staff were directed to move ahead with the business opportunity in consultation with the Warden and to relocate Human Resources using reserve funds for said purpose. Moved by Councillor Baldwin Seconded by Councillor Rock THAT we do adopt the recommendations of the Committee Of The Whole Council. - Carried. BY-LAWS Moved by Councillor Rock Seconded by Councillor Warwick THAT By-Law No. 05-19 "A By-Law to Appoint a Land Division Committee and to Repeal By-Laws No. 03-44 and 05-08" be read a first and second time. Councillor Wilson requested a recorded vote. These were recorded as follows: YEAS NAYS ABSENT Warwick Vowel Rock Baldwin Wilson Faulds Acre Hofhuis Mcintyre TOTAL 4 4 1 - Defeated. 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. County Council 8 June 28, 2005 Moved by Councillor Rock Seconded by Councillor Warwick THAT By-Law No. 05-19 "To Amend By-Law No. EG-1 (01-40), Being a By-Law for the Regulation of Traffic" be read a first and second time. - Carried. Moved by Councillor Acre Seconded by Councillor Faulds THAT By-Law No. 05-19 be read a third time and finally passed. - Carried. Moved by Councillor Faulds Seconded by Councillor Vowel THAT By-Law No. 05-20 "Being a By-Law to Provide Tax Capping Options for the 2005 Property Taxation Year" be read a first and second time. - Carried. Moved by Councillor Rock Seconded by Councillor Baldwin THAT By-Law No. 05-20 be read a third time and finally passed. - Carried. Moved by Councillor Acre Seconded by Councillor Vowel THAT By-Law No. 05-21 "A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the June 28, 2005 Meeting" be read a first and second time. - Carried. Moved by Councillor Baldwin Seconded by Councillor Wilson THAT By-Law No. 05-21 be read a third time and finally passed. - Carried. Moved by Councillor Baldwin Seconded by Councillor Faulds THAT we do now adjourn at 12:09 P.M. to meet again on July 26,2005 at 9:00 A.M. at the Bobier Villa Home for Seniors in Dutton. - Carried. Mark G. McDonald, Chief Administrative Officer. James Mcintyre, Warden.