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.
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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.
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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.
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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.
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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
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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.
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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.
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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.