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04 - March 8, 2016 County Council Minutes COUNTY COUNCIL MINUTES Tuesday, March 8, 2016 The Elgin County Council met this day at the Administration Building at 9:00 a.m. with all members present. Warden Wiehle in the Chair. ADOPTION OF MINUTES Moved by Councillor Wolfe Seconded by Councillor Jones THAT the minutes of the meeting held on February 9, 2016 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF At the appropriate time, Councillor McWilliam declared a conflict of interest on a specific in- camera item; regarding the Hennessey & Hogan LLP Lease Extention. The Councillor refrained from discussing and voting on this item as he does business with this firm. PRESENTATION Retirement Recognition: Dianne McFadden The Warden presented a certificate of retirement to Dianne McFadden for 41.7 years of service at Bobier Villa. He thanked her for years of quality patient care, high standards, and active contributions. DELEGATION Source Water Protection Ms. Jennifer Cole, Watershed Resource Technician, Kettle Creek Conservation Authority with a PowerPoint presentation about the Source Water Protection Plan. Moved by Councillor Marr Seconded by Councillor Currie THAT the PowerPoint presentation titled "Source Water Protection" dated March 8, 2016 from the Watershed Resource Technician, Kettle Creek Conservation Authority be received and filed. - Carried. Moved by Councillor Mennill Seconded by Councillor Currie THAT we do now move into Committee Of The Whole Council. - Carried. REPORTS Accessibility Directorate of Ontario - File Review Notice Accessibility Coordinator The coordinator presented a report informing Council of a file review notice Elgin County received from the Accessibility Directorate of Ontario. Documentation was provided and the file was closed. County Council 2 March 8, 2016 Moved by Councillor Martyn Seconded by Councillor Jones THAT the report titled Directorate of Ontario File Review from the Accessibility Coordinator, dated February 10, 2016 be received and filed. - Carried. Homes - Infection Control Policy and Procedure Manual Director of Homes and Seniors Services The director presented the report recommending that Council approve revisions made to the County of Elgin Homes and Seniors Services Infection Control Policy and Procedure Manual. Moved by Councillor Wolfe Seconded by Councillor Ens THAT Council approve the County of Elgin Homes and Seniors Services Infection Control Policy and Procedure Manual review and revisions effective March 8, 2016. - Carried. Homes - Long-Term Care (LTC) Case Mix Index (CMI) Results for 2016-17 Funding Director of Homes and Seniors Services The director presented the report outlining results for the 2016-17 Nursing and Personal Care (NPC) envelope funding, referred to as the CMI. Moved by Councillor Marr Seconded by Councillor Mennill THAT the report titled - Long-Term Care (LTC) Case Mix Index (CMI) Results for 2016-17 from the Director of Homes and Seniors Services, dated February 23, 2016 be received and filed. - Carried. Homes - Long-Term Care Home Service Accountability Agreement (L-SAA) 2016-19 - Bobier Villa, Elgin Manor and Terrace Lodge Director of Homes and Seniors Services The director presented the report recommending that Council approve the Long-Term Care Home Service Accountability Agreement 2016-19 with the Local Health Integration Network (LHIN) for Bobier Villa, Elgin Manor and Terrace Lodge. Moved by Councillor Jones Seconded by Councillor McWilliam THAT Council approve and direct staff to sign the 2016-2019 Long-Term Care Service Accountability Agreements for Bobier Villa, Elgin Manor and Terrace Lodge. - Carried. 2015 Library Usage and Statistics ReportLibrary Coordinator The coordinator presented the report outlining the 2015 library statistics and usage trends within the context of a five year analysis from 2011 to 2015, both for the system as a whole and for each of the ten branches. Topics of discussion included active library users, circulation statistics (both physical and online usage), internet usage, and program statistics. Moved by Councillor Martyn Seconded by Councillor Mennill THAT the report titled Library Usage and Statistics from the Library Coordinator, dated February 22, 2016 be received and filed; and, County Council 3 March 8, 2016 THAT a copy of this report be submitted to all municipalities in the County of Elgin. - Carried. Elgin County Museum Advisory Committee 2016 MembershipDirector of Community and Cultural Services The director presented the report recommending that Council appoint Mr. Charles Jenkins of the Township of Malahide to serve on the Elgin County Museum Advisory Committee in the capacity of agricultural representative for a four-year term. Moved by Councillor Mennill Seconded by Councillor Marr THAT Mr. Charles Jenkins of the Township of Malahide be appointed to the Elgin County Museum Advisory Committee on behalf of the agricultural community in Elgin County according to the terms of By-Law No. 16-03; and, THAT the report titled County Museum Advisory Committee 2016 dated February 19, 2016 be received and filed. - Carried. Regional Rideshare Initiative UpdateDirector of Engineering Services The director presented the report updating Council on the status of the Regional Rideshare Initiative as originally proposed by the City of London in April, 2015. Moved by Councillor Marr Seconded by Councillor Currie THAT the invitation for Elgin County to participate in the Regional Rideshare Program from the City of London be received and filed. - Carried. Transfer of Creek Road to the Municipality of BayhamDirector of Engineering Services The director presented the report recommending that Council, at the request of the Municipality of Bayham, approve the transfer of Creek Road to the aforementioned municipality. Moved by Councillor Ens Seconded by Councillor Jones THAT the County of Elgin remove a parcel of Creek Road (parcel F-5 Section 54, being part of Block F, Plan 54 in the Township of Bayham, P.I.N. 35332-0255, known as Creek Road, set out as Part 1 on reference plan 11R-9986) from the highway system; and, THAT the ownership of Creek Road be transferred to the Municipality of Bayham; and, THAT the Oil & Gas lease registered with The Medina Natural Gas Company Limited be terminated prior to the transfer of Creek Road to the Municipality of Bayham. - Carried. No Parking By-Law Amendment - Sunset Road at Warren Street Director of Engineering Services The director presented the report seeking approval of an amendment to the No Parking By-Law that would see no parking signs installed near the intersection of Sunset Road (County Road 4) and Warren Street (County Road 21) in Port Stanley in order to eliminate hazards posed by sightline restrictions. County Council 4 March 8, 2016 Moved by Councillor Marr Seconded by Councillor Currie THAT the No Parking By-Law (By-Law No. 15-12) be amended to include a section of Sunset Road from the north property limits of Warren Street, northerly for 105 metres; and, THAT the Municipality of Central Elgin be requested to install the signs supplied by the County; and, THAT the OPP be notified of the establishment of this no parking zone. - Carried. OCIF Intake #2 Miller Road ReconstructionDeputy Director of Engineering Services The deputy director presented the report informing Council that the County of Elgin and the Municipality of Dutton Dunwich will receive funding to reconstruct Miller Road under the OCIF Intake #2 Program. Moved by Councillor McWilliam Seconded by Councillor Currie THAT the Warden and Chief Administrative Officer be authorized and directed to enter into a Contribution Agreement with the Province of Ontario to receive funding through the Ontario Community Infrastructure Fund (OCIF) Application Based Component, Intake Two for the Reconstruction of Miller Road; and, THAT the Warden and Chief Administrative Officer be authorized and directed to enter into the Ontario Community Infrastructure Fund (OCIF) Application Based Component Intake Two, Partnership Agreement with the Municipality of Dutton Dunwich; and, THAT the Warden on behalf of Council issue a letter of appreciation to the Minister of the Ministry of Agriculture Food and Rural Affairs. - Carried. Award of Tender for Bradley Creek Culvert Replacement on John Street South in Aylmer (Contract No. 6290-14-02B)Deputy Director of Engineering Services The deputy director presented the report recommending that Council approve the selection of Gary D. Robinson Contracting Ltd. for the Bradley Creek Culvert Replacement on John Street South in Aylmer. Moved by Councillor Martyn Seconded by Councillor Currie THAT Gary D. Robinson Contracting Ltd. be selected for the Bradley Creek Culvert Replacement on John Street South in Aylmer (Contract No. 6290-14-02B) at a total price of $464,950.00 exclusive of H.S.T; and, THAT the Warden and Chief Administrative Officer be authorized to sign the contract. - Carried. Council recessed at 10:01 a.m. and reconvened at 10:15 a.m. Alternate Deputy Clerk and Deputy TreasurerChief Administrative Officer The Chief Administrative Officer presented the report recommending that Council appoint an Alternate Deputy Clerk and an Alternate Deputy Treasurer. County Council 5 March 8, 2016 Moved by Councillor Martyn Seconded by Councillor Currie THAT Mr. Stephen Gibson, County Solicitor, be also appointed as Deputy Clerk (alternate) and Mrs. Jennifer Ford, Senior Financial Analyst be appointed as Deputy Treasurer (alternate); and, THAT the necessary by-law be prepared. - Carried. Draft Approval for a Vacant Land Condominium, Prespa Construction Ltd. Jacklin Farm Phase 3 Condominium File No. 34D - CE1401Manager of Planning The manager presented Council with information required in order to consider granting draft plan approval to the above noted plan of condominium. Moved by Councillor Marr Seconded by Councillor Currie THAT the Council of the Corporation of the County of Elgin grants draft plan approval to Prespa Construction Ltd. Draft Plan of Vacant Land Condominium (Jacklin Farm Phase 3) in the Municipality of Central Elgin (Lynhurst) File No. 34CD-CE1401; and, THAT staff be directed to provide notice of this decision subject to the conditions for final approval in accordance with the Planning Act. - Carried. Review of Environmental Impact Studies (EIS)Manager of Planning The manager presented the report requesting that Council approve a roster listing of firms that are qualified to undertake Environmental Impact Studies (EIS). Moved by Councillor Martyn Seconded by Councillor Jones THAT Elgin County Council authorize and direct staff to advise the three firms of their selection to the roster through the RFP process; and, THAT staff use its best efforts to present EIS peer review assignments on a rotational basis. - Carried. On a related topic, Council discussed the frustration on waiting for certain approvals from the Ministry of the Environment and Climate Change. Moved by Councillor Marr Seconded by Councillor Mennill THAT the Warden be authorized and directed to write AMO, the Minister of the Environment and Climate Change, the M.P.P, and local municipalities respectfully requesting that these Environmental Compliance Application Approvals be processed more expeditiously. - Carried. Council and Outside Boards Remuneration and ExpensesDirector of Financial Services The director presented the report summarizing remuneration, mileage, and expenses for Council and Outside Boards. Moved by Councillor Marr Seconded by Councillor Currie THAT the Statement of Remuneration and Expenses for County Council for 2015 be received and filed by Council. County Council 6 March 8, 2016 THAT the Treasurers Statement for Remuneration and Expenses for Outside Boards for 2015 be received and filed by Council. - Carried. 2015 Full Year Financial PerformanceDirector of Financial Services The director presented the report outlining the financials for 2015. Revenue for the year was $64.1 million and expenses were $60.6 million for a net income of $3.5 million and a favourable performance of $1.2 million. Moved by Councillor McWilliam Seconded by Councillor Currie THAT the $1.2 million of preliminary 2015 operating year-end budget performance be applied to the 2016 budget to offset tax increases by 0.4%. - Carried. CORRESPONDENCE Items for Consideration 1. The Town of Northeastern Manitoulin and the Islands with a resolution seeking support for the Province of Ontario to increase funding to Long-Term Care Facilities. 2. Stephen M. A. Huycke, Town Clerk, Town of Aurora with a resolution seeking support for the Government of Ontario to limit the jurisdiction of the Ontario Municipal Board. 3. Louis Antonakos, Mayor, The Corporation of the Town of Carleton Place with a resolution seeking support for the Province of Ontario to discontinue the use of the current infrastructure funding evaluation criteria and instead distribute all future infrastructure grants to all municipalities utilizing a fair and equitable formula. 4. Elana Arthurs, Clerk, Township of Cavan Monaghan requesting Municipal Councils send the AMO Senior Advisor any input or concerns re: The Ministry of Consultation on Primary, Home, and Community Health Care document. 5. Tammy Fowkes, Deputy Clerk, The Corporation of the Town of Amherstburg requesting support of the Township of resolution requesting the Ontario Government to cancel RFP for added wind power generation. 6. Brian Weaver, President of The Royal Canadian Legion Ontario Command inviting Elgin County to support the Royal Canadian Legion with a Veterans Support/Remembrance Advertisement in the Service Recognition The following recommendation was adopted in regard to Correspondence Item #1: Moved by Councillor Ens Seconded by Councillor Marr THAT the Corporation of the County of Elgin support The Town of Northeastern Manitoulin and the Islands resolution seeking support for the Province of Ontario to increase funding to Long-Term Care Facilities. - Carried. The following recommendation was adopted in regard to Correspondence Item #2: Moved by Councillor Martyn Seconded by Councillor Jones THAT Correspondence Item #2 be received and filed. - Carried. County Council 7 March 8, 2016 The following recommendation was adopted in regard to Correspondence Item #3: Moved by Councillor Ens Seconded by Councillor Marr THAT The Corporation of the County of Elgin support the resolution from The Town of Carleton Place requesting that the Province of Ontario discontinue the use of the current infrastructure funding evaluation criteria and instead distribute all future infrastructure grants to all municipalities utilizing a fair and equitable formula. - Carried. The following recommendation was adopted in regard to Correspondence Item #4: Moved by Councillor Marr Seconded by Councillor Ens THAT Correspondence Item #4 be received and filed. - Carried. The following recommendation was adopted in regard to Correspondence Item #5: Moved by Councillor Mennill Seconded by Councillor Currie THAT Correspondence Item #5 be received and filed. - Carried. The following recommendation was adopted in regard to Correspondence Item #6: Moved by Councillor Jones Seconded by Councillor Currie THAT a quarter page, full colour ad be taken out in the Royal Canadian Legion Military Service Recognition Book at the cost of $545.00. - Carried. Items for Information (Consent Agenda) 1. Hon. Jeff Leal, Minister of Agriculture, Food and Rural Affairs with information on the Award for Agri-Food Innovation Excellence Application Process. Deadline is April 15, 2016. 2. Cynthia St. John, Executive Director, Elgin St. Thomas Public Health with resolution approving the return of the 3% 2015 budget payment. 3. St. Thomas Times Journal article titled Workers Overcome In Line of dated February 18, 2016. 4. Ryan DeSutter, Senior Engineering Technologist & Drainage Superintendent, Municipality of Central Elgin re: Appointment of Engineer Dexter Line Municipal Drain Outlets. 5. Ken Loveland, CAO/Clerk, Township of Southwold, with Notice of Study Completion Talbotville WWTP Class EA. 6. Maureen Vandenberghe, MSC Communications & Development Coordinator announcing Multi-Service Centre Community Champions Week 2016. 7. Email from OPP News Portal announcing (Elgin County) Ontario Provincial Police Varsity Athlete Symposium. County Council 8 March 8, 2016 Moved by Councillor Martyn Seconded by Councillor Ens THAT Correspondence Items #1 7 be received and filed. - Carried. OTHER BUSINESS Statements/Inquiries by Members None. Notice of Motion None. Matters of Urgency None Councillor McWilliam declared a conflict regarding Item #2 of the closed meeting agenda, 1342961 Ontario Inc. (Hennessy & Hogan LLP) Lease Extension as he does business with this firm. The Councillor left the meeting when this issue was discussed and abstained from voting and participating in the discussion of this item. Closed Meeting Items Moved by Councillor Currie Seconded by Councillor Marr THAT we do now proceed into closed meeting session in accordance with the Municipal Act to discuss matters under Municipal Act Section 239.2; (a) three items: the security of the property of the municipality or local board ARC Financial Planning Group Ltd. - Lease Extension; 1342961 Ontario Inc. (Hennessy & Hogan LLP) - Lease Extension; Mervin Riddell - Lease Extension; (c) a proposed or pending acquisition or disposition of land by the municipality or local board Edison Drive Bridge Replacement EA - Creek Road Temporary Access Lane. - Carried. Moved by Councillor Martyn Seconded by Councillor Jones THAT we do now rise and report. - Carried. Moved by Councillor Marr Seconded by Councillor Mennill THAT the Warden and Chief Administrative Officer be authorized and directed to sign a lease agreement with ARC Financial Planning Group Ltd. for Rooms #237, 238, 239; and, THAT the lease commence on May 1, 2016 for a lease rate of $16.05 per square foot for one year, ($8,025.00 annual payment), plus the HST. - Carried. Councillor McWilliam left the Council Chambers. Moved by Councillor Jones Seconded by Councillor Ens THAT the Warden and Chief Administrative Officer be authorized and directed to sign a lease agreement with 1342961 Ontario Inc. (Hennessey & Hogan LLP) for Room #313, and Room #34; and, County Council 9 March 8, 2016 THAT the lease for Room #313 start on May 1, 2016, for a lease rate of $16.45 per square foot for year one ($38,822.00 annual payment), plus the HST, and $16.80 per square foot for year two ($39,648.00 annual payment), plus the HST; and that the lease for Room #34 remain constant at $7.50 per square foot ($750.00 annual payment) for year one and year two. - Carried. Councillor McWilliam returned to the Council Chambers. Moved by Councillor Martyn Seconded by Councillor McWilliam THAT the Warden and Chief Administrative Officer be authorized and directed to sign a lease agreement with Mervin Riddell for Rooms #225 and #227; and, THAT the lease start on May 1, 2016 for a lease rate of $15.80 per square foot ($8,516.20 annual payment), plus the HST; and that the lease rate for Room #19 remain constant at $4.00 per square foot ($1,080 annual payment) plus the HST. - Carried. Moved by Councillor Ens Seconded by Councillor Currie THAT the Warden and Chief Administrative Officer be authorized and directed to sign an agreement with the owners of property 6475 Creek Road for the construction of a temporary access lane during the Edison Drive Bridge Replacement project. - Carried. REPORTS (continued) 2016 Grant RequestsDirector of Financial Services The director presented the report recommending that Council approve the 2016 grant requests. Moved by Councillor McWilliam Seconded by Councillor Mennill THAT Council approve the 2016 grant requests as presented. - Carried. Moved by Councillor Marr Seconded by Councillor Martyn THAT staff be directed to research municipal grant policies and report back to Council with recommendations for consideration. - Carried. 2016 BudgetDirector of Financial Services The director presented the proposed 2016 composite budget. Moved by Councillor Mennill Seconded by Councillor McWilliam THAT the 2016 proposed budget, which includes the operating budget, the capital budget and grants, be approved with a tax increase on the average household of 2.9%; and, THAT the necessary by-law be prepared. - Carried Unanimously. County Council 10 March 8, 2016 Motion to Adopt Recommendations of the Committee of the Whole Moved by Councillor Ens Seconded by Councillor Currie THAT we do now adopt recommendations of the Committee Of The Whole. - Carried. BY-LAWS Moved by Councillor Currie Seconded by Councillor Ens THAT By-Law No. 16-06 a By-Law to Appoint a Deputy Clerk (Alternate) and Deputy Treasurer (Alternate) for the County of Elgin and to Amend By-Laws 09-09 and 09- be read a first, second and third time and finally passed. - Carried. Moved by Councillor Mennill Seconded by Councillor Jones THAT By-Law No. 16-07 a By-Law to Provide for the Adoption of the 2016 Budget of the Corporation of the County of Elgin and to Establish the 2016 Tax Ratios and to Establish the 2016 Tax Rates for the County Constituent Municipalities be read a first, second and third time and finally passed. - Carried. Moved by Councillor Currie Seconded by Councillor Marr THAT By-Law No. 16--Law to Confirm Proceedings of the Municipal Council of and third time and finally passed. - Carried. ADJOURNMENT Moved by Councillor McWilliam Seconded by Councillor Wolfe THAT we do now adjourn at 11:40 a.m. and meet again on March 22, 2016 at the County Administration Building Council Chambers at 9:00 a.m. - Carried. ___________________________ Mark McDonald, Bernie Wiehle, Chief Administrative Officer. Warden.