November 8, 2005 Minutes
COUNTY COUNCIL
Tuesday, November 8, 2005
The Elgin County Council met this day at the Administration Building, at 9:00 A.M. in
accordance with adjournment, with all members present.
Warden Mcintyre in the Chair.
Warden Mcintyre requested that everyone stand for a Moment's Silence in recognition of
the "Year of the Veteran" and of the upcoming Remembrance Day.
Warden Mcintyre noted he had attended a ceremony at Terrace Lodge for the "Year of the
Veteran" and commended staff on the flag raising ceremony and program that was
prepared. Ceremonies would be held November 9th at Bobier Villa and November 10th at
Elgin Manor and Warden Mcintyre requested Councillors to attend if possible.
Moved by Councillor Vowel
Seconded by Councillor Baldwin
THAT the minutes for the meeting held on October 25,2005 be adopted.
- Carried.
DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF-
None.
DELEGA TION
Mr. Dave McAdams, President, and Ms. Marg Emery, Tourism Co-Ordinator, St. Thomas-Elgin
Tourist Association, attended at 9:00 A.M. to present a discussion on the role of the Tourist
Association Tourism Co-Ordinator. The increased involvement of the tourism association and
promotion of activities since the Co-ordinator position was developed was highlighted. The
Tourism Association would like a permanent operating line placed in annual budgets for the
position and indicated that the City of St. Thomas has agreed to the request for an ongoing full-
time tourism co-ordinator. Councillors spoke to the benefits of maintaining the position and
concerns with no direct supervision by the County or the City. The Chief Administrative Officer
noted there is a permanent line in the budget for the Tourist Association and cautioned funding
would need to be addressed during budget deliberations each year depending on requirements
of future Councils.
Moved by Councillor Rock
Seconded by Councillor Hofhuis
THAT Elgin County Council support in principle a permanent contract position known as
Tourism Co-Ordinator.
- Carried Unanimously.
The Warden thanked the delegation for attending and the representatives left at 9:21 A.M.
Town Crier Activities
Mr. Dave Phillips, Elgin's Town Crier, attended at 9:21 A.M. to present the report on Town
Crier Annual Activities. Mr. Phillips noted the importance of this year being the "Year of the
Veteran" and that he had attended several functions in this regard.
Moved by Councillor Baldwin
Seconded by Councillor Acre
THAT the report of the Town Crier Annual Activities be received and filed.
- Carried.
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November 8, 2005
The Warden extended Council's appreciation for the promotion and activities attended by
the Town Crier on behalf of the County and the delegation left at 9:36 A.M.
Moved by Councillor Rock
Seconded by Councillor Faulds
THAT we do now move into Committee Of The Whole Council.
- Carried.
REPORTS
Dowler Karn Collection - Director of Senior Services. Eloin Manor
Moved by Councillor Rock
Seconded by Councillor Wilson
THAT the report "Dowler Karn Collection" dated October 28, 2005, from the Director of
Senior Services, Elgin Manor, be received and filed.
- Carried.
Bridoe Weioht Restrictions - Director of Enoineerino Services
Moved by Councillor Faulds
Seconded by Councillor Vowel
THAT no vehicle or any class thereof, whether empty or loaded shall be operated over any
bridge designated on Schedules No.1 and No.2 forming part of a by-law with a weight in
excess of the weight limit prescribed in the schedule for such bridge and that the necessary
by-law be prepared with an effective date from November 8, 2005 to November 8, 2007;
and,
THAT the by-law become effective once the weight postings have been posted; and,
THAT the former By-Law No. 03-36 be repealed.
- Carried.
CorresDondence from Aboutown Medical Transfer - Ambulance and Emeraency
Manaoement Co-ordinator
The Chief Administrative Officer presented the report in absence of the Ambulance and
Emergency Management Co-ordinator. The report was deferred pending Dr. Mazza's
recommendations concerning the issue of non-emergency transport.
Moved by Councillor Rock
Seconded by Councillor Baldwin
THAT the report "Correspondence from Aboutown Medical Transfer" dated October 5,
2005, from the Ambulance and Emergency Management Co-ordinator, be deferred pending
recommendations by Dr. Chris Mazza for the Ministry of Health and Long-Term Care.
- Carried.
Council took a break at 9:47 A.M. and reconvened at 10:02 A.M.
Accessibility for Ontarians With Disabilities Act - Manaoer of Administrative Services
The Manager of Administrative Services noted that standards would be developed under
which municipalities and private enterprise will become barrier free within 20 years. Ms.
Jenny Phillips, Chair, Joint Elgin/Central Elgin Accessibility Committee, has submitted her
name for membership on the Provincial committees being formed.
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November 8, 2005
Moved by Councillor Acre
Seconded by Councillor Hofhuis
THAT the report, Accessibility for Ontarians With Disabilities Act" dated October 31,2005,
from the Manager of Administrative Services, be received and filed.
- Carried.
OMERS Devolution - Chief Administrative Officer
The Chief Administrative Officer presented by PowerPoint implications to municipalities of
the OMERS Devolution. Concerns were expressed by Council with the poorly thought out
legislation and impact on municipalities.
Moved by Councillor Faulds
Seconded by Councillor Vowel
THAT Elgin County Council strongly object to Bill 206 "An Act to Revise the Ontario
Municipal Retirement System Act"; and,
THAT the draft letter to Mr. Steve Peters, MPP, be adopted; and,
THAT a meeting with Mr. Peters be scheduled as soon as possible to present Elgin's
concerns with the legislation; and,
THAT Elgin County seek standing at the hearings on Bill 206 to formally express its
objection to the Bill; and,
THAT all Municipalities in Elgin be asked to support this position.
- Carried Unanimously.
CorresDondence for Consideration
1. Joanne Erickson, Secretary, Yarmouth Glen Women's Institute, with suggestions for
changes to the proposal for the new site of the Elgin County Museum.
2. AMO Member Communication ALERT, 1) OMERS - Bill 206 Information Status
Update and Sample Municipal Resolutions; 2) Building Code Statute Law
Amendment Act, 2002.
3. Township of Coleman, with a resolution petitioning the Ministry of Natural Resources
and the Provincial Government to ensure that no natural resources (wood) be sold
and directed to other provinces.
4. Deborah Bourque, President, Canadian Union of Postal Workers, with a resolution
requesting support to stop closure of mail sorting locations, to consult with
stakeholders when making changes to Canada Post network and to expand and
improve the public postal network.
5. Inky Mark, M.P., Dauphin-Swan River-Marquette, Manitoba, with a resolution and
petition requesting support for the Private Member's Bill "Heritage Hunting and
Fishing Protection Act".
The following recommendation was adopted respecting Correspondence Item #1 :
Moved by Councillor Wilson
Seconded by Councillor Hofhuis
THAT Correspondence Item #1 be received and filed.
- Carried.
The following recommendation was adopted respecting Correspondence Item #2 Part 1 :
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November 8, 2005
Moved by Councillor Wilson
Seconded by Councillor Acre
WHEREAS the provincial Standing Committee on General Government is currently
debating Bill 206, An Act to revise the Ontario Municipal Employees Retirement System
Act; and,
WHEREAS the OMERS pension fund is currently equal to approximately 80A> of Ontario's
annual GDP; and,
WHEREAS the OMERS pension fund serves approximately 900 employers and 355,000
diverse employee groups including: current and former employees of municipal
governments; school boards; libraries; police and fire departments; children's aid societies;
and, electricity distribution companies; and,
WHEREAS Ontario's municipalities and their employees depend on the prudent
management of the $36 Billion plan and to ensure that employees and employers are
paying for benefits they can afford; and,
WHEREAS OMERS employer and employee members are facing an increase in OMERS
contributions in 2006 of approximately 90A> as a result of a significant deficit in the OMERS
fund; and,
WHEREAS the Bill includes significant, potentially costly and unnecessary changes to the
governance structure of OMERS including a Sponsors Corporation structured to be
governed by arbitration; and,
WHEREAS the Bill would permit the creation of expensive supplementary plans to provide
optional enhanced benefits that will impose new collective bargaining obligations on
municipalities, the operating costs of which cannot yet be fully assessed; and,
WHEREAS the Province has a responsibility to study the potential impact of the changes it
is proposing and to share the results with employers and employee groups; and,
WHEREAS AMO and others have urged the government to consider the potential
implications of Bill 206 and to ensure the proposed policy changes protect the interests of
employers, employees and taxpayers; and,
WHEREAS the Government is moving in haste with a Bill, which in its current form raises
significant technical, public policy and economic issues;
THEREFORE BE IT RESOLVED THAT the Corporation of the County of Elgin does not
support Bill 206, and requests that the Government of Ontario reconsider the advisability of
proceeding with Bill 206 in its current form; and,
FURTHER BE IT RESOLVED THAT Steve Peters, MPP, Elgin-Middlesex-London, the
Honourable John Gerretsen, Minister of Municipal Affairs and Housing, the Honourable
Dalton McGuinty, Premier of Ontario, and the Association of Municipalities of Ontario be
advised that this Council does not support proposed changes to the OMERS pension fund
contained in Bill 206.
- Carried.
The following recommendation was adopted respecting Correspondence Item #2 Part 2:
Moved by Councillor Baldwin
Seconded by Councillor Wilson
THAT the Corporation of the County of Elgin strongly objects to the request of architects
and engineers for exemption from Bill 124; and,
THAT a Building Advisory Council (BAC) be set up in January 2006 to address the
following issues regarding liability recommended by BRRAG but omitted in Bill 124;
- Improve Code knowledge for builders/contracts,
- Provisions for builder liability insurance for non-residential builders, and,
- Longer liability insurance periods for designers; and
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November 8, 2005
THAT a BAC review the other recommendations of BRRAG that were omitted in Bill 124,
which will create a more equitable building regulatory system in Ontario.
- Carried.
The following recommendation was adopted respecting Correspondence Item #3:
Moved by Councillor Hofhuis
Seconded by Councillor Baldwin
THAT Correspondence Item # 3 be received and filed.
- Carried.
The following recommendation was adopted respecting Correspondence Item #4:
Moved by Councillor Rock
Seconded by Councillor Baldwin
THAT Correspondence Item #4 received and filed.
- Carried.
The following recommendation was adopted respecting Correspondence Item #5:
Moved by Councillor Warwick
Seconded by Councillor Acre
THAT Correspondence Item #5 be received and filed.
- Carried.
Items for Information (Consent Aoenda)
1. Hon. Steve Peters, M.P., Elgin-Middlesex-London, with copy of correspondence to the
Honourable Gerry Phillips, Minister of Government Services, concerning changes to
the regulations for charitable gaming pertaining to municipal museums and libraries to
conduct charitable lotteries.
2. Roger Anderson, President, Association of Municipalities of Ontario, with update re:
Ontario's $3 Billion Provincial Municipal Fiscal Gap.
3. St. Thomas-Elgin General, Hospital Media Release, October 27,2005, "STEGH Takes
Further Steps to Balance Budget".
4. Premier Dalton McGuinty, acknowledging Council's resolution concerning eligibility of
lottery licensing for municipal museums and public libraries.
5. Kyle Kruger, Administrator, Municipality of Bayham, with information concerning Port
Burwell Harbour and the potential development of a commercial ferry service.
6. Tena Michiels, Deputy Clerk, Township of Southwold, with a resolution and copy of
correspondence concerning rural public transportation.
7. Dr. Christopher Mazza, Strategic Lead, Provincial Transport Medicine Systems,
Ministry of Health and Long-Term Care, acknowledging the County's position on non-
emergency transport.
8. Eastern Ontario Wardens' Caucus/Western Ontario Wardens' Caucus: 1) Pay Your
Ambulance Bills Province, Wardens Demand 2) Provincial Plan to Enrich Municipal
Pensions Will Boost Property Taxes, Counties Warn.
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November 8, 2005
Moved by Councillor Rock
Seconded by Councillor Acre
THAT Correspondence Items #1-8 be received and filed.
- Carried.
OTHER BUSINESS
Statements/lnauiries by Members
Warden Mcintyre asked that Councillors and Senior Staff confirm with the Deputy Clerk
who would be attending the Media Training on November 30 as soon as possible.
Councillor Wilson noted that when he was Warden communications were made with the
City of Elgin, Scotland, during the visit of the Pope and he had photos of points of interest
of the City of Elgin available for viewing that his daughter had taken on a recent trip.
Councillor Acre reported that the application for Trillium Funding for the Bayham Museums
was successful and a grant for $75,000 was approved for curatorial staff.
Councillor Acre indicated she has tickets for sale for an upcoming Murder Mystery evening
in Bayham.
Notice of Motion - None.
Matters of Uraency
Councillor Warwick requested that correspondence from the West Elgin Secondary School
Council with a proposal to the Thames Valley District School Board on how to direct their
projected surplus be considered by Council as a matter of urgency.
Moved by Councillor Wilson
Seconded by Councillor Baldwin
THAT the issue of input to the Thames Valley District School Board on suggestions for the
disposition of their projected surplus funds be considered under Matters of Urgency.
- Carried.
Councillor Warwick reported that Ms. Tracy Grant, West Elgin Secondary School Council,
had indicated that the Thames Valley District School Board was looking for input from the
community on how to direct the $5.1 M projected surplus funds from their budget. Ms.
Grant forwarded the submission being made by the West Elgin Secondary School Council
and requested Council's support.
Moved by Councillor Warwick
Seconded by Councillor Wilson
THAT Elgin County Council strongly encourage the Thames Valley District School Board to
apply funds from its expected surplus for school improvements and learning priorities
particularly in rural schools where the funds are badly needed to maintain and support our
rural schools at an equal and effective level.
- Carried Unanimously.
Moved by Councillor Rock
Seconded by Councillor Acre
THAT we do proceed In-Camera to discuss personal matters of an identifiable individual
and property matters.
- Carried.
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November 8, 2005
CHIEF ADMINISTRATIVE OFFICER PERFORMANCE EVALUATION
All staff were excused at 11 :33 A.M. while Council prepared for the Chief Administrative
Officer's Annual Performance Evaluation.
The Chief Administrative Officer returned to Council Chambers and Council conducted his
Performance Evaluation.
Council recessed for lunch at 12:35 P.M. and reconvened at 1 :20 P.M. with all members in
attendance except Councillor Hofhuis.
Moved by Councillor Wilson
Seconded by Councillor Acre
THAT we do now rise and report.
- Carried.
Moved by Councillor Rock
Seconded by Councillor Baldwin
THAT the confidential report on a Tourism Co-Ordinator position be deferred to a future
meeting.
- Carried.
Moved by Councillor Rock
Seconded by Councillor Warwick
THAT Warden Mcintyre be authorized and directed to write a letter to the St. Thomas
Community Centre fundraising committee, to enunciate that the County of Elgin does not,
as a matter of policy, fund recreational projects as this is not a core service provided by the
upper-tier.
- Carried.
Moved by Councillor Acre
Seconded by Councillor Faulds
THAT the confidential correspondence from the Town of Tillsonburg regarding a property
matter be received and filed.
- Carried.
Moved by Councillor Faulds
Seconded by Councillor Acre
THAT we do adopt the recommendations of the Committee of the Whole Council.
- Carried.
BY-LAWS
Moved by Councillor Baldwin
Seconded by Councillor Vowel
THAT By-Law No. 05-38 "Being a By-Law to Restrict the Weight of Vehicles Passing Over
Bridges" be read a first and second time.
- Carried.
Moved by Councillor Warwick
Seconded by Councillor Faulds
THAT By-Law No. 05-38 be read a third time and finally passed.
- Carried.
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November 8, 2005
Moved by Councillor Acre
Seconded by Councillor Rock
THAT By-Law No. 05-39 "A By-Law to Confirm Proceedings of the Municipal Council of
the Corporation of the County of Elgin at the November 8th, 2005 Meeting" be read a first
and second time.
- Carried.
Moved by Councillor Wilson
Seconded by Councillor Warwick
THAT By-Law No. 05-39 be read a third time and finally passed.
- Carried.
Moved by Councillor Vowel
Seconded by Councillor Baldwin
THAT we do now adjourn at 2:00 P.M. to meet again on November 22nd, 2005 at 9:00 A.M.
- Carried.
Mark G. McDonald,
Chief Administrative Officer.
James Mcintyre,
Warden.