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January 23, 2007 Minutes COUNTY COUNCIL Tuesday, January 23. 2007 The Elgin County Council met this day at the Administration Building, at 9:01 AM. in accordance with adjournment, with all members present except Councillor Hofhuis (arrived at 9:06 AM.).. r. Moved by Councillor Mcintyre Seconded by Councillor Menn Warden Acre In the Cha 14. 2006 be adopted the minutes for the meeting held on December 12 and THAT Carried DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - None DELEGATIONS Ms. Diana Player, President, Elgin Historical Society, attended at 9:02 AM. and presented Warden Acre and County Council with a cheque for $1 ,000 in support of the Archives project to digitize the Tweedsmuir History Books of the Elgin County Women's Institute Branches. the Elgin Historical Society for their donation Player and Warden Acre thanked Ms took a break at 9:33 AM. and reconvened at 9:42 AM Moved by Councillor Vowel Seconded by Councillor Marks Counci THAT we do now move Into Committee Of The Whole Co unci Carried Hofhuis arrived Councillor -Term Care Homes Act REPORTS Moved by Councillor Habkirk Seconded by Councillor Wilson THAT the report entitled "Elgin County's Submission Regarding Bill 140, The Long-Term Care Homes Act" dated January 24,2007, presented by Warden Acre, be approved for presentation to the Standing Committee on Social Policy. Carried Fund -Director of Financial Services 2007 Ontario MUnicipal Partnersh Moved by Councillor Marks Seconded by Councillor Hofhuis THAT the "Additional Assistance" included in the 2007 Ontario Municipal Partnership Fund (OMPF) in the amount of $500,000 be set aside in the Reserve for OMPF Replacement; and, January 23, 2007 the the liability from to remove 2 THAT the Ontario Government be strongly encouraged records and, County Counci THAT a copy of this resolution be forwarded to Mr. Steve Peters, M.P.P., Elgin-Middlesex- London, Western Wardens Association, Premier of Ontario, and Finance Minister of Ontario. Carried 2007 - Director of Financial Services Moved by Councillor Habkirk Seconded by Councillor Marks Mileaae Reimbursement - THAT the report "Mileage Reimbursement - 2007" dated January 9.2007, presented by the Director of Financial Services. be received and filed. Carried arison to November 30. 2006 - Director of Financial Services Moved by Councillor HofhUls Seconded by Councillor Vowe Bud THAT the report "Budget Comparison to November 30,2006" dated December 22.2006 presented by the Director of Financial Services. be received and filed. Carried nitiative - Director of nfrastructure Investment Rura t The Director of Engineering Services reported that because the County of Elgin was unsuccessful with its COMRIF Intake #3 Application, the Black Bridge Replacement now becomes the County's highest infrastructure priority and will form the County's Rill application to the Province. Council discussed the difficulty in understanding what criteria are applied to determine a successful application. Moved by Councillor Vowel Seconded by Councillor Menn and THAT a By-Law be prepared to authorize the submission of an application to the Ontario Infrastructure Projects Corporation for funding from the Rural Infrastructure Investment Initiative for the replacement of the Black Bridge on Plank Road valued at $1,500,000. THAT By-Law No. 06-27 be rescinded Carried - Director of En Admmistration Buildin Services for the Count San ita Services The Director of Engineering Services reviewed the issue of the County Administration Building hydro, water and sewage infrastructure on the lands of St. Joseph's Health Care. Recently the County was advised that the present arrangement for the sewage outlet and disposal could be continued for an unspecified period, however a long-term solution is required. Moved by Councillor Hofhuis Seconded by Councillor Marks THAT a letter be forwarded to Mr. Gary Sirove, Ontario Realty Corporation, thanking the Corporation for extending the present arrangement for sewage treatment at the property of St. Joseph's Health Care; and also January 23. 2007 the thanking M.P.P Steve Peters 3 THAT a copy of the letter be forwarded to the Mr. Province of Ontario for the arrangement; and. County Counci THAT the Municipality of Central Elgin be notified that the County of Elgin IS Interested in the completion of Phase I of the Class Environmental Assessment for the area under consideration Carried Services The Director of Engineering Services advised that the present 200 kw generator is in good condition but, due to the additional electrical load resulting from the installation of the fire pump, it will be necessary to make modifications for efficient operation of the generator. rector of En Generator - D Administration Buildin Moved by Councillor Menni Seconded by Councillor Warwick THAT $30,000 be allocated from the anticipated 2006 surplus, to make modifications to the software and electrical systems of the generator at the County Administration Building to accommodate electrical loading . Carried uson Line - Director of En Avenue and Fer Intersection Stud Services The Director of Engineering Services advised that, following a request from the Municipality of Central Elgin, a review was done of the Highbury Avenue and Ferguson Line intersection. The review indicated that: speed and volume of traffic is an issue at certain times of the day due to "shift change peaks"; that there were three accidents within the intersection in the last five years, caused by driver error; there is adequate sight distance; and that the intersection is operating satisfactorily. However, due to Ministry guidelines, turning lanes are required. Moved by Councillor Mcintyre Seconded by Councillor Marks Highbury Avenue and Ferguson Line be Included Plan and also THAT the installation of turning lanes at in the County of Elgin Five-Year Capital ity of Central Elgin advising of this decision to the Municipa THAT a letter be forwarded n Carried The Director of Engineering Services reviewed the results of the OMB Hearing regarding a severance appeal in March 2006 and the impact on the County. Due to recent events, now is the time to start on a County-wide transportation master plan, to hold public meetings to inform residents of County plans, and to recognize specific growth areas in the County that will benefit from the development of a transportation master plan. Moved by Councillor Wilson Seconded by Councillor Mcintyre and the Land Purchase Capita Plan be completed THAT the funding in the amount of $25,000 be allocated from Account and be included in the 2007 Capital Budget. THAT a County-wide Transportation Master Carried Unanimously. January 23, 2007 4 County Counci Services the Highway #3 Planning Study and the - Director of En The Director of Engineering Services reviewed need to start it moving again #3 Plannln H Moved by Councillor Wilson Seconded by Councillor Habkirk THAT the Honourable Steve Peters, M.P.P., Elgin-Middlesex-London, be requested to arrange a meeting with the Minister of Transportation to discuss completion of the Planning Study and Functional Design for the Highway #3 by-pass from St. Thomas to Aylmer. Carried 12 AM took a break 10:02 AM. and reconvened at 10 Counci DELEGATIONS Mr. Kent Kristensen, Chairman, Seaport Management Corporation, attended at 10:12 AM and presented a PowerPoint report on a proposed international ferry border crossing from Port Burwell, Ontario to Fairport Harbour, Ohio. Mr. Kristensen noted the impact on employment, tourism, industrial expansion, infrastructure, international industrial growth and spin-offs generated by such a plan. A video was shown on the SSL Ferries business partner, Mols Linien Ferry operations. Council asked questions of Mr. Kristensen regarding the presentation and invited him to stay for lunch. Moved by Councillor Vowel Seconded by Councillor Habkirk THAT the presentation from Mr. Kent Kristenson, Seaport Management Corporation, regarding a proposed ferry service between Port Burwell. Ontario. and Fairport Harbour, Ohio, be received and filed Carried 00 AM 11 took a break 10:54 AM. and reconvened Counci date - Manaaer of Road Infrastructure The Manager of Road Infrastructure highlighted the report. Council discussed concerns with some of the wording at the beginning of the agreement and staff noted these are guidelines and the County's legal advisor will include permissive language to cover this matter. Staff will forward the draft agreement to the municipalities with concerns to comment before it is finalized. Maintenance Best Practices Moved by Councillor Habkirk Seconded by Councillor Wilson THAT the Elgin County Maintenance Best Practices be incorporated into the formal maintenance agreements with the County's local municipal partners and then circulated to them for execution Carried Counc ~emuneration One-Third Tax Free Allowance - Manaaer of Administrative Services Moved by Councillor Habkirk Seconded by Councillor Marks THAT the Council of the Corporation of the County of Elgin, in accordance with Section 283(5) and (7) of the Municipal Act shall continue to apply a one-third tax free allowance on remuneration paid to its Warden and Councillors deemed to be for expenses incidenta to the discharge of duties as a member of the Council or its local boards. Carried Unammously. January 23, 2007 5 County Counci es Filed in Chatham-Kent - Chief Administrative Officer The Chief Administrative Officer advised Council that recently agreement was reached to return POA tags along the 401 to Elgin's POA office. It was discussed whether the revenue collected from charges issued along the 401 should be allocated to a reserve account for the proposed redevelopment of Terrace Lodge, or whether the funds should be made available to the municipalities providing the emergency services to the 401 and who incur the costs for this service. POA Char, Moved by Councillor Wilson Seconded by Councillor Habkirk THAT the net revenue collected from Part 1 POA charges issued along Highway 401 In Elgin's catchment area be allocated to a reserve account for the redevelopment of Terrace Lodge. These were recorded as follows ABSENT Wilson requested a recorded vote NAYS YEAS Mennil Wilson Habkirk Councillor Marks Hofhuis Mcl ntyre Vowel Warwick Acre o 5 4 TOTAL of the Recorded Vote the Motion was Defeated Council discussed whether the municipalities affected could go back to their Councils to estimate an accounting of their costs incurred; if compensation could go to the three western municipalities and remainder to Terrace Lodge Reserve and if staff could provide a breakdown of the revenues generated. As a result 48 AM reconvened at 11 40 AM. and Moved by Councillor Mcintyre Seconded by Councillor HofhUls 11 took a break Counci THAT the municipalities located adjacent to Highway 401 consider their maintenance and other costs associated with Highway 401 and report back to County Council on a revenue- sharing proposal for these found monies. These were recorded as follows Wilson requested a recorded vote Councillor ABSENT NAYS Mennil Wilson Habkirk YEAS Marks Hofhuis Mcintyre Vowel Warwick Acre o 3 the Motion was Carried 6 of the Recorded Vote TOTAL As a result January 23, 2007 6 County Counci Inspection Boundaries for Land Division Committee - Chief Administrative Officer Council discussed fairness of how representation is determined on the Committee and that in some cases the taxpayer does not have representation on the Land Division Committee Moved by Councillor Habkirk Seconded by Councillor Menn its workload to determine THAT the Elgin County Land Division Committee be authorized through boundaries that may cross municipal juri~dictions and THAT commencing with the next vacancy for appointment, the municipality with the largest number of severances occurring in the previous three-year period be granted the right to nominate an appointee for the entire area served by the appointee and, THAT, notwithstanding paragraph two above, staff be authorized and directed to review the number of severances in each municipality in September of the year in which nominations are being requested to ensure that the municipality with the majority of severances in the preceding three-year period is granted the right to nominate on behalf of all municipalities within the boundary established by the Land Division Committee and further, the sitting Council for its consideration to this review be presented THAT HofhUls was Carried 12:50 P.M. Councillor unch at 12:03 P.M. and reconvened broke for Counci absent. Southwest Ontario Ambulance Grou and Association of Medical Services of Ontario Updates - Ambulance & Emerl Coordinator Moved by Councillor Mcintyre Seconded by Councillor Wilson THAT the election of the Ambulance & Emergency Management Coordinator as Vice- Chair of the Southwest Ontario Ambulance Group for 2007 be acknowledged and also THAT the organization of the 2008 Association of Municipal Emergency Medical Services of Ontario Annual Conference as a joint venture with Middlesex County be acknowledged Carried 2006 Semi-Annua Ambulance & Emerl Moved by Councillor Warwick Seconded by Councillor Vowe THAT the report "2006 Semi-Annual Ambulance Performance Review and Quarterly Report" dated January 5, 2007 from the Ambulance and Emergency Management Co- Ordinator be received and filed Carried New Ambulance Vehicle Purchase - AmbUlance & Emer Coordinator The Ambulance & Emergency Management Coordinator reported that the County purchased two gas vehicles in July 2006 and a pilot project comparing gas vs. diesel- powered vehicles has been undertaken. Council requested staff to examine bulk purchasing of vehicles in the future and report back. January 23, 2007 7 County Counci Moved by Councillor Wilson Seconded by Councillor Menn THAT the purchase of a 2007 Chevrolet gasoline engine ambulance from Demers Ambulances be approved. Carried Period Update - Director of Human Resources Moved by Councillor Vowel Seconded by Councillor Habkirk Probationa THAT the amendments to Human Resources Policy 3.60 "Probationary Period" be approved. Carried nsurance - Pavroll and Excess Indemnitv Renewal 2007. Occupational Accident Benefits Coordinator Moved by Councillor Mennill Seconded by Councillor Habkirk Coverage for 2007 in the THAT the Excess Indemnity Coverage and Occupational Accident amount of $58,625.64 be approved; and, the WSIB Reserve Account. the premium be funded from THAT Director of Carried - Human Resources Coordinator n Health & Safet Moved by Councillor Habkirk Seconded by Councillor Mcintyre the County's Health & Safety POliCY; and THAT following the deadline for the County Joint Health and Safety Committees to provide concerns or suggestions, and pending no changes, the Chief Administrative Officer and Warden sign a copy of the policy for each workplace for 2007 to post in a visible location (copies will be forwarded following the January 26,2007 deadline); and, review the members of County Counci THAT THAT in future years, should the Joint Health and Safety Committees' reviews result in no changes to the policy, that the authority for signing all copies of the policy be delegated directly to the Chief Administrative Officer without requiring reports through the Management Team and/or County Council. Carried Reimbursement - Human Resources Assistant Moved by Councillor Warwick Seconded by Councillor Mcintyre Summer Student Subsid from dated January 23. 2007 Carried THAT the report "Summer Student Subsidy Reimbursement' the Human Resources Assistant, be received and filed. January 23. 2007 8 Museum and Archives 2006 Annual Reports - Director of Cultural Services of Cultural Services County Counci The Manager of Cultural Services highlighted the many changes at the County Museum during 2006, welcomed Councillor Habkirk to County Museum Board, and thanked Councillor Warwick for his hard work on the Board during his term. Councillor Mcintyre congratulated the Board on the professional manner in which they brought area Museums on board with the County Museum. Council discussed the status of ElginConnects, a portal containing municipal information Council directed staff to follow up on the future of the project as well as its current status 20 P.M Moved by Councillor Habkirk Seconded by Councillor Hofhuis Hofhuis entered at 1 Councillor 12 THAT the report entitled "Museum and Archives 2006 Annual Reports". dated January 2007, from the Manager of Cultural Services. be received and filed. Carried Moved by Councillor Wilson Seconded by Councillor Habkirk THAT the Elgin Community Futures Development Corporation be requested to report on the status of ElginConnects and its future disposition after December 31.2007 when Federal funding is purported to cease Carried 2006 - Director of Cultura ri of Culture Literac Ontario Minist Services Moved by Councillor Hofhuis Seconded by Councillor Habkirk THAT the balance of the one-time literacy funding received from the Ministry of Culture in the amount of $80,360.40 included in the 2006 Library Operating Budget be rolled over to the 2007 Library Operating Budget; and, the remaining purchases for literacy funding be made In 2007 THAT Carried New Position - Ward Clerk - Director of Senior Services - TIL Moved by Councillor Habkirk Seconded by Councillor Mcintyre Ward Clerk be approved for Terrace Lodge for THAT a temporary part-time position of 2007. Carried CORRESPONDENCE the amount Correspondence for Consideration Municipalities of Ontario. with 2007 Membership Invoice In Association of of $3,667.46. 1 the with 2007-2008 Membership Invoice In Federation of Canadian MUnicipalities amount of $5,704.77. 2 January 23, 2007 9 County Counci and 2 Items #1 The following recommendation was adopted respecting Correspondence Moved by Councillor Wilson Seconded by Councillor Habkirk THAT the membership renewals to the Association of Municipalities of Ontario for 2007 and to the Federation of Canadian Municipalities for 2007-2008 be approved for payment Carried CORRESPONDENCE Hon. George Smitherman, Minister of Health and Long-Term Care, announcing grant funding adjustments for 2006 and 2007 for the provision of land ambulance services. A nformation (Consent Items for 1 Provincial-Municipal Fiscal and Serv.ice Delivery Review Communique with information concerning the Political Table's first meeting 2 (Disciples of Donald McKillop, Earla F. Walker, Margaret Murray, Christian Church Christ) in Canada, concerning a donation to Bobier Villa for a Chapel. 3 Emily Finch, Shedden Brownies and Guides, thanking Elgin County Council for the use of the County flag in the Fingal Santa Claus Parade 4 Mayor Lynn Acre, Municipality of Bayham, with a resolution outlining the potentia concerns an international ferry service would have on the local community. 5 Ministry of Municipal Affairs and Housing; 1) News Release Communique concerning "Municipalities Better Equipped to Serve Ontario Residents"; 2) News Release Communique concerning "Amendments to Municipal Act, 2001 Proclaimed; 3) Backgrounder re: "Amendments to Municipal Act, 2001 Proclaimed"; 4) News Release Communique "Province supports Federal Housing Initiatives". 6 Alzheimer Society Elgin-St. Thomas, announcing that January is Alzheimer's Awareness Month, providing the dates for "The Dementia Journey Series" and a reminder of the "Walk for Memories" fundraiser on January 27,2007 7 Joy McLeod, Deputy Chief, Program Delivery, Emergency Management Ontario, Ministry of Community Safety and Correctional Services, with information concerning the changes to the structure of Emergency Management Ontario. 8 the staff of: Thank you note for the Council Christmas gift of a book light from - Aylmer Public Library - Bayham Public Library - Administrative Services 9 Thank you note from Sandra Grylicki for the service recognition she received Moved by Councillor Habkirk Seconded by Councillor Marks 10 Items #1-10 be received and filed THAT Correspondence Carried OTHER BUSINESS Members Councillor Hofhuis noted that John Nemett, former Reeve and Deputy Reeve for the Village of Port Stanley for many years, passed away last week and acknowledged his long service to municipal government. Statements/lnau January 23. 2007 and extended 10 Councillor Mcintyre noted the passing of Thelma Bernice "Bunny" Underh sympathy to Harley Underhill on the loss of his mother. County Counci Warden Acre reported that Helen LeFrank would like the City and County to help sponsor, politically only, an expert from Sweden to come to Elgin County to provide information on waste management practices and alternatives Council directed the Warden to investigate further and report back. Warden Acre reported that she and Councillor Habkirk had attended a meeting and round table discussion on the decline of the tobacco industry and formation of an exit strategy. She noted that the area economic development offices would be getting involved. Notice of Motion - None - None Matters of Ur, 55 P.M. and reconvened at 2:03 P.M Moved by Councillor Marks Seconded by Councilor Menn took a break at 1 Counci THAT we do now proceed In-Camera to discuss matters of an identifiable Individua contract negotiations and property matters Carried Moved by Councillor Mcintyre Seconded by Councillor Warwick rise and report. THAT we do now Carried Warden Acre provided a confidential update to Council on a municipal negotiation The Chief Administrative Officer provided a confidential update to Council on a property matter. Moved by Councillor Hofhuis Seconded by Councillor Marks A staff direction was provided regarding a property matter. Carried Moved by Councillor Menni Seconded by Councillor Vowe THAT the matter of collecting revenue from the Municipality of Chatham-Kent for POA activity along Highway 401 be considered closed and complete Carried Moved by Councillor Marks Seconded by Councillor MCintyre THAT a meeting be held with the St. Thomas-Elgin Tourist Association and the City of St Thomas recommending that commencing on January 1, 2008 the Tourism Coordinator position be made permanent with benefits and report directly to the Manager of Economic Development with the understanding that the County will be cognizant of the Tourist Association's goals and objectives. Carried January 23. 2007 11 County Counci Moved by Councillor Hofhuis Seconded by Councillor Warwick THAT the position of Curator of the Elgin County Museum be declared permanent full-time with a six month probationary period upon date of hire and, recruitment for this position as soon as possible THAT Human Resources proceed with Carried Moved by Councillor Warwick Seconded by Councillor Menn Terrace Lodge for the period terms of the Collective Agreement with the SEIU at 2006 to December 31,2009 be approved. THAT the January 1, Carried Moved by Councillor Wilson Seconded by Councillor Habkirk THAT a confidential letter regarding an identifiable Individual be received and filed Carried Moved by Councillor Hofhuis Seconded by Councillor Mcintyre THAT we do now adopt the recommendations of the Committee Of The Whole Counci Carried BY-LAWS Moved by Councillor Mennill Seconded by Councillor Wilson THAT By-Law No. 07-01 "A By-Law to Authorize the Submission of an Application to the Ontario Infrastructure Projects Corporation (OIPC) for Funding from the Rural Infrastructure Investment Initiative for new Eligible Capital Projects of the Corporation of the County of Elgin (The Municipality) and to Approve the Expenditure of Funding on Said Eligible Capita Projects and to Repeal By-Law No. 06-27" be read a first and second time Carried Moved by Councillor Marks Seconded by Councillor MCintyre third time and finally passed be read a THAT By-Law No. 07-01 Carried Moved by Councillor Mcintyre Seconded by Councillor Warwick THAT By-Law No. 07-02 "A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the January 23rd, 2007 Meeting" be read a first and second time Carried Moved by Councillor Hofhuis Seconded by Councillor Marks third time and finally passed Carried THAT By-Law No. 07-02 be read a January 23. 2007 the hospital following by- Dave Rock is In 12 Councillor Hofhuis noted that former Councillor pass surgery and is coming along very well. County Counci Moved by Councillor Warwick Seconded by Councillor Wilson 13.2007 at 9:00 AM to meet again on February Carried THAT we do now adjourn at 3:25 P.M Chief