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May 17, 2005 Minutes (\ 3470 COUNTY COUNCIL Tuesday, May 17, 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 except Councillors Rock and Vowel. Warden Mcintyre in the Chair. Warden Mcintyre introduced Mike Vanraay, a co-op student working in Engineering Services, to Council. Moved by Councillor Faulds Seconded by Councillor Acre THAT the minutes from the meeting held on April 26, 2005 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF- ,r, None. '. (\, DELEGATIONS Chester Hinatsu, Director, Ontario Works, presented the St. Thomas-Elgin Ontario Works 2004 Fourth Quarter and 2005 First Quarter Reports. Mr. Hinatsu reported that intakes are now done locally and a person has been hired to accommodate the additional workload. He further reported that an addiction services program would be implemented by the end of October 2005. Councillors raised concerns with lack of checks and balances contained within the system and Mr. Hinatsu indicated he would speak with the Councillors directly about the issues. Moved by Councillor Baldwin Seconded by Councillor Hofhuis THAT the Ontario Works 2004 Fourth Quarter and 2005 First Quarter Reports, presented by the Director of St. Thomas-Elgin Ontario Works, be received and filed. - Carried. Moved by Councillor Wilson Seconded by Councillor Acre THAT we do now move into Committee Of The Whole Council. - Carried. Application for Minor Exception. Lot 19. Concession Ranae 2. North of Edaeware Road. Municipalitv Qf Central EIQin - Tree Commissioner Moved by Councillor Faulds Seconded by Councillor Baldwin ,-~ THAT the Application for Minor Exception to the Trees Act from Mr. William Erickson, Lot 19, Concession Range 2 North of Edgeware Road, Municipality of Central Elgin, to clear 0.20 hectares of woodlands to create a residential home be approved, subject to 350 trees being replanted or an equivalent donation being made to a local conservation/heritage association. - Carried. 347i County Council 2 May 17, 2005 Correspondence for Consent Item #11 The Municipality of Bayham questioned the requirement of signage being posted at a tree- cutting site and the possibility it may create an opportunity for vandalism or theft to occur. The correspondence was referred to the Tree By-Law Review Committee for discussion. r-\ DELEGATIONS Mr. Duncan Miller, Conestoga Rovers, attended at 9:33 A.M. to present the proposed design for Tank Replacement for the Elgin Manor Wastewater Treatment Plant, noting the system would be constructed so that water drainage would not affect the plant and the UV system would be reliable for the life of the system with proper maintenance. The report entitled "Wastewater Treatment Plant" from the Director of Engineering Services was considered and an editorial change was made to indicate the tender would be awarded to the lowest "qualified" bidder. Moved by Councillor Acre Seconded by Councillor Baldwin THAT the anoxic, oxic, biological Waste Water Treatment Plant designed by Conestoga Rovers & Associates for Elgin Manor be approved; and, 1\ THAT the contract be awarded to the lowest qualified bidder for the replacement of the Elgin Manor Waste Water Treatment Plant; and, THAT the Warden and the Chief Administrative Officer be directed and authorized to sign the contract with the lowest qualified bidder; and, THAT staff report on the results at the June 14, 2005 Council Meeting. - Carried. The Warden thanked the delegation for the presentation and Mr. Miller left at 10:03 A.M. Council took a break at 10:03 A.M. and reconvened at 10:16 A.M. Benefit Consultant Review - Director of Human Resources Moved by Councillor Baldwin Seconded by Councillor Faulds .--., r , THAT a review of the benefit consultant services be conducted by the Chief Administrative Officer and the Director of Human Resources and report back to County Council. - Carried. Ambulance Stations Lease - Director of Financial Services Moved by Councillor Hofhuis Seconded by Councillor Wilson THAT staff be directed to prepare a lease agreement between the County of Elgin and Thames EMS at an estimated rate of $11.50 per sq. ft.; and, THAT the initial term of the lease coincide with the ambulance contract renewal of January 1,2009; and, THAT the Warden and the Chief Administrative Officer be directed and authorized to sign the lease agreement. ,~. - Carried. !' ) , (-', , (' (~ 3472 County Councii 3 May 17, 2005 Edward Street Ambulance Headauarters Lease - Ambulance and Emeraencv ManaQement Co-Ordinator Moved by Councillor Faulds Seconded by Councillor Warwick THAT the report "Edward Street Ambulance Headquarters Lease" dated May 11, 2005, from the Ambulance and Emergency Management Co-Ordinator, be received and filed. - Carried. Past Due Accounts Receivable Collections at the Homes - Director of Financial Services; Director of Senior Services TIL; Director of Senior Services BN; Director of Senior Services ElM Council was advised that a gentle approach would be used by a collection agency due to the nature of the issue. Staff was directed to report to Council if the collection agency is unsuccessful in collection efforts before writing off accounts. Moved by Councillor Faulds Seconded by Councillor Acre THAT the use of an outside collection agency for the Homes' past due accounts be approved; and, THAT staff develop a Request for Proposals in accordance with the purchasing policy. - Carried. BudQet Comparisons to March 31. 2005 - Director of Financial Services Councillors noted the Health Unit Board surplus of $137,000 (County share) would be forthcoming. Moved by Councillor Warwick Seconded by Councillor Baldwin THAT the report "Budget Comparisons to March 31, 2005" dated April 25, 2005, from the Director of Financial Services, be received and filed. - Carried. Council Automation - Director of Information TechnoloQV Staff was requested to supply e-mail addresses to Councillors with the next mail out. Moved by Councillor Hofhuis Seconded by Councillor Warwick THAT Council automation not be implemented at this time; and, THAT a policy regarding Council automation not be developed. - Carried. Elgin Manor Wellness Dav - Director of Senior Services (Elain Manor) Moved by Councillor Baldwin Seconded by Councillor Acre THAT the report "Elgin Manor Wellness Day" dated May 3, 2005, from the Director of Senior Services, Elgin Manor, be received and filed. - Carried. [" 34t3 County Council 4 May 17, 2005 Summers' Corners School Busina Tours to the Avlmer Old Town Hall Library - Director of Library Services Moved by Councillor Warwick Seconded by Councillor Baldwin THAT the report "Summers' Corners School Busing Tours to the Aylmer Old Town Hall Library", dated May 2,2005, from the Director of Library Services, be received and filed. - Carried. Avlmer Librarv Photocopier - Director of Library Services Moved by Councillor Faulds Seconded by Councillor Baldwin THAT the report "Aylmer Library Photocopier" dated May 3, 2005, from the Director of Library Services, be received and filed. - Carried. Elexco Ltd. (Rowe Enerav) Reauest for Road User Aareement - ManaQer of Road (', Infrastructure , . n 1'\ Moved by Councillor Hofhuis Seconded by Councillor Faulds THAT the Warden and the Chief Administrative Officer be authorized and directed to enter into a Road User Agreement with Rowe Energy Corporation to utilize Graham Road (County Road #76) in the Municipality of West Elgin to install a natural gas gathering pipeline. - Carried. Financial Support for Dredaina Port Burwell Harbour - Director of EnQineerinQ Services It was noted that the dredging is scheduled for July or August 2005. Moved by Councillor Hofhuis Seconded by Councillor Warwick THAT the County of Elgin, upon receiving a formal request for financial assistance from the Municipality of Bayham, would consider purchasing dredged material from the Port Burwell harbour under the following conditions: 1. THAT the Municipality of Bayham provides appropriate approvals to the County's satisfaction; 2. THAT subject to approvals, fill material (dried and suitable for use) be purchased at $1.50 per cubic yard; 3. THAT the fill must be available for use in 2006 to coincide with construction timelines; 4. THAT this request be considered as a one-time special circumstance for a specific purpose; and, THAT the federal, provincial and local governments for road construction approve the material dredged. - Carried. 3474 County Council 5 May 17, 2005 Correspondence for Consideration 1. Warden Michael Raymond, County of Essex, with a resolution requesting that the Ontario Government provide funding to Ontario colleges on an equal level to the funding provided to universities and secondary schools. (' 2. Mayor Jeff Kohler, City of St. Thomas, requesting a meeting with the Warden and members of County Council regarding the Pioneer Museum. 3. Anna M. Knowles, Deputy Clerk, Town of East Gwillimbury, with a resolution requesting the Ministry of Natural Resources to review the Aggregates Act concerning royalties paid to the lower-tier municipalities for the extraction of aggregate and royalties paid to upper and lower-tier municipalities for the rehabilitation of abandoned pits. 4. Victoria Leskie, Clerk, County of Prince Edward, with a resolution objecting to the Proposed Strategy for Wolves by the Ministry of Natural Resources, dated November 2004. 5. Victoria Leskie, Clerk, County of Prince Edward, with a resolution requesting the Ministry of Environment to reconsider its position that municipal responsibility agreements be required for private, single-owner sewage works. 6. St. Thomas Chamber of Commerce, with an invoice for 2006 Membership renewal (-, and request for verification of County contact names. 7. Junee Monteith, Vice-Chairperson & Chair of Fund Development, Board of Directors, Elgin-St. Thomas Community Foundation, announcing the launch of the Community Foundation in the Fall of 2005 and requesting the County consider becoming a Founding Donor of the Foundation. 8. Catherine Conrad, City Clerk, City of North Bay, with a resolution requesting the Ministry of Municipal Affairs and Housing to move to amend the Occupiers Liability Act to clearly establish that those using trail systems are deemed to do so at their own risk. The following recommendation was adopted respecting Correspondence Item #1 : Moved by Councillor Faulds Seconded by Councillor Baldwin THAT Correspondence Item #1 be received and filed. [' - Carried. The following recommendation was adopted respecting Correspondence Item #2: Moved by Councillor Baldwin Seconded by Councillor Faulds THAT the Warden and Members of Elgin County Council offer to meet with the Mayor and members of City Council to discuss their ideas concerning the Elgin County Pioneer Museum; and, THAT City Council be advised that the County has received approval from the Ministry for the 4th floor renovations. - 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. 3475 County Council 6 May 17, 2005 The following recommendation was adopted respecting Correspondence Item #4: Moved by Councillor Hofhuis Seconded by Councillor Acre (\ THAT Correspondence Item #4 be received and filed. - Carried. The following recommendation was adopted respecting Correspondence Item #5: Moved by Councillor Warwick 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 Hofhuis Seconded by Councillor Faulds I' , THAT the Corporation of the County of Elgin take out membership with the St. Thomas and District Chamber of Commerce for 2005/2006 in the amount of $145.00; and THAT the names of the County contacts remain as they are currently. - Carried. The following recommendation was adopted respecting Correspondence Item #7: Moved by Councillor Hofhuis Seconded by Councillor Baldwin THAT a letter be sent to the Elgin-St. Thomas Community Foundation advising that the 2005 County budget has been set and requests for grant consideration for the 2006 budget deliberations be forwarded by no later than December 31, 2005. - Carried. [': The following recommendation was adopted respecting Correspondence Item #8: Moved by Councillor Baldwin Seconded by Councillor Wilson THAT the Corporation of the County of Elgin supports the resolution from the City of North Bay requesting that the Minister of Municipal Affairs and Housing move to amend the Occupiers Liability Act to clearly establish those using trail systems are deemed to do so at their own risk. - Carried. Items for Information (Consent Agenda) 1. Hon. Steve Peters, M.P.P., Elgin-Middlesex-London, with copy of correspondence to the Hon. Michael Bryant, Attorney General of Ontario, concerning existing court facilities in the community. r": 2. Cathy Fox, Communications and Public Relations Specialist, with St. Thomas-Elgin General Hospital, Media Release, regarding "Leading-Edge Food Service Program Coming to STEGH With New Partnership". 3476 County Council 7 May 17, 2005 3. Furhad Yaqubian, Comptroller & Audit Lead, Court Services Division, Ministry of the Attorney General, concerning funding provided for federal French Language Services. (\ \ :' 4. Hon. Andy Mitchell, Minister of Agriculture and Agri-Food, acknowledging County Council's resolution concerning the economic adversities facing Ontario farmers. 5. Nancy B. Schepers, Project Director, National Guide to Sustainable Municipal Infrastructure, with the 2004 CD of publications releases and an InfraGuide network certificate of acknowledgement. 6. Hon. Greg Sorbara, Minister of Finance, responding to Council's resolution concerning the Ontario Health Premium (OHP) and provisions in collective bargaining agreements. 7. Hon. Ralph Goodale, Minister of Finance and the Hon. John Godfrey, Minister of State (Infrastructure and Communities), with an update on the 2005 Federal Budget. 8. AMO Member Communication ALERT, "Ontario Is Back In The Business of Affordable Housing". AMO Member Communication for Your Information "Update on Federal New Deal for Municipalities". (~\ 9. Debbie Zimmerman, Chair, MPAC Board of Directors, Municipal Property Assessment Corporation (MPAC), with a copy of the 2004 Annual Report and Financial Statements. 10. Paul Temple, Senior Vice-President, Corporate Development Pelmorex Communications Inc., update on the CRTC process regarding the "All Channel Alert (ACA)" proposal. 11. Lynda Millard, Clerk, Municipality of Bayham, with a resolution supporting the proposed County Woodlands Conservation By-Law No. 05-03 with the exception of the provision requiring signage at the cutting site. 12. Peter Beaudry, confirming that the County of Elgin's request to reposition the Option 1 Health and Safety project to an Option 2 has been approved at the 40% level. 13. Ontario News Release Communique, "Ontario Celebrates 100 Days of Bring Your Own Wine Service". [' 14. Hon. John Godfrey, Minister of State (Infrastructures and Communities), acknowledging Council's support for the Municipality of Tweed's resolution concerning costs incurred prior to the approval of a project under the Canadian Ontario Municipal Rural Infrastructure Fund (COMRIF). 15. Municipal MNews, An Update From Union Gas. 16. Federation of Canadian Municipalities, Members' Advisory, "Response to Today's Letter from the Leader of the Official Opposition". 17. John Dalzell, Vice President, Risk Management, CN, informing Council that the St. Thomas-Elgin Safe Community Committee has received a $3,400 grant from the CN Safe Community Fund to be applied to three rail safety initiatives. The following recommendation was adopted respecting Correspondence Item #11 : Moved by Councillor Faulds Seconded by Councillor Acre THAT the resolution from the Municipality of Bayham supporting the proposed County [', Woodlands Conservation By-Law No. 05-03 with the exception of the provision requiring signage at the cutting site, be forwarded to the Tree By-Law Review Committee. - Carried. County Council 8 3477 May 17, 2005 The following recommendation was adopted respecting Correspondence Items #1-10 and 12-17: '\ ( , Moved by Councillor Hofhuis Seconded by Councillor Acre THAT Correspondence Items #1-10 and 12-17 be received and filed. - Carried. OTHER BUSINESS Statementsllnauiries bv Members - Councillor Hofhuis reported that the Port Stanley Lift Bridge has only the east part of the bridge in operation and traffic would be greatly impacted as the warm weather approaches. The Director of Engineering Services advised that the bridge has hardware issues on the west portion and materials will not be available until after the May long weekend. The work on the bridge is way beyond the deadline and mediation discussions with the contractor would be held after the bridge is repaired. Notice of Motion - None. (-'i Matters of UrQencv - None. Moved by Councillor Faulds Seconded by Councillor Wilson THAT we do now proceed In-Camera to discuss personnel and legal matters. - Carried. Moved by Councillor Baldwin Seconded by Councillor Faulds That we do now rise without reporting. - Carried. Moved by Councillor Wilson Seconded by Councillor Acre (~\ THAT we do adopt the recommendations of the Committee Of The Whole Council. - Carried. BY-LAWS Moved by Councillors Baldwin Seconded by Councillor Hofhuis THAT By-Law 05-15 "Being a By-Law to Authorize the Warden and the Chief Administrative Officer to Sign an Agreement With the Municipality of Bayham; Municipality of Central Elgin; Municipality of Dutton/Dunwich; Municipality of West Elgin; Town of Aylmer; Township of Malahide; Township of Southwold; and City of St. Thomas Relating to the Collection of Fines Levied in the Provincial Offences Court" be read a first and second time. - Carried. Moved by Councillor Baldwin (\ Seconded by Councillor Hofhuis THAT By-Law No. 05-15 be read a third time and finally passed. - Carried. ( r---'\ 3478 County Council 9 May 17, 2005 Moved by Councillor Faulds Seconded by Councillor Baldwin THAT By-Law No. 05-16 "Being a By-Law to Authorize Rowe Energy Corporation (Hereinafter Called 'The Grantee' and Which Terms Shall Include Its Successors and Assigns), to Construct, Use and Operate Works on County Road Allowances in the County of Elgin (Hereinafter Called 'The County')" be read a first and second time. - Carried. Moved by Councillor Wilson Seconded by Councillor Acre THAT By-Law No. 05-16 be read a third time and finally passed. - Carried. MOved by Councillor Acre Seconded by Councillor Baldwin THAT By-Law No. 05-17 "A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the May 17, 2005 Meeting" be read a first and second time. - Carried. Moved by Councillor Warwick Seconded by Councillor Faulds THAT By-Law No. 05-17 be read a third time and finally passed. - Carried. The Director of Engineering Services advised he would be meeting with CN officials tomorrow regarding abandoned rail lines, to discuss remedial efforts to County roadways, and would raise the issue of the Township roads that are in the same condition and require attention as well. Moved by Councillor Acre Seconded by Councillor Hofhuis , (' THAT we do now adjourn at 12:22 P.M. to meet again at 9:00 A.M. on June 14, 2005. ,r-. - Carried. a, Chief Administrative Officer.