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October 16, 2007 Minutes Councillor Habkirk highlighted the report, commenting on promotion efforts of staff and that museum volunteers seemed happy with the new premises. E Museum - Councillor Habkirk THAT the annual report on activities of the St. received and filed Carried Moved by Councillor Mcintyre Seconded by Councillor Warwick Thomas-Elgin Tourist Association be Councillor Mennill commented on the efforts of the Tourism Coordinator and highlighted projects that the Association had undertaken St. Thomas-E n Tourist Association - Councillor Menn REPORTS Carried THAT we do now move Into Committee Of The Whole Counci Moved by Councillor Marks Seconded by Councillor Mcintyre Mr. Bryce Sibbick, Regional Manager, Frank Cowan Company Ltd., attended at 9:00 a.m. to present the 2007-2008 Municipal Insurance Program. Mr. Sibbick noted the premiums have reduced slightly, and if Council wished to increase the deductible on programs from $10,000 to $25,000, a further premium reduction could be realized. Upon questioning from Council, Mr. Sibbick advised that enhanced boiler coverage was included in the premium The Warden thanked the delegation for attending and Mr. Sibbick left at 9:10 a.m. DELEGATIONS Councillors Hofhuis and Marks declared a conflict with regard to Closed Meeting Item #3 regarding a property matter at 450 Sunset Drive, as it may prejudice their position as a Municipality of Central Elgin tenant in the building. Councillors Vowel, Mcintyre and Wilson declared a conflict with regard to Closed Meeting Item #4 regarding a property matter at 99 Edward Street, as it may prejudice their position as a Council appointee on the Health Unit Board. Councillor Vowel declared a conflict with regard to Closed Meeting Item #1 regarding a temporary position in Financial Services as a family member might apply for the position DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - Carried THAT Moved by Councillor Wilson Seconded by Councillor Habkirk the minutes of the meeting held on September 25. 2007 be adopted Warden Acre In The Elgin County Council met this day at the Administration Building, at 9:02 a.m accordance with adjournment, with all members present the Chair. n Tuesday, October 16. 2007 COUNTY COUNCIL 2008 Carried THAT THAT the practice be changed effective January the costs of providing this changed practice be budgeted for 1 n 2008: and THAT reasonable costs of medical support forms required by the County's third party disability management provider be borne by the employee and reimbursed by the department once supported by the adjudication process; and Moved by Councillor Habkirk Seconded by Councillor Mcintyre Payment of Eli Human Resources for Absences and Sick Leave Pa THAT the report titled "Budget Comparison - August 31, 2007" dated September 26. 2007 from the Director of Financial Services be received and filed. Carried ment Forms - Director of Moved by Councillor Mennill Seconded by Councillor Habkirk Bud THAT a certified copy of this resolution be forwarded to the Ministry of the Attorney General requesting their consent to add the Council approved costs associated with the use of collection agencies to the total amount owed by a defendant. Carried arison Au 2007 - Director of Financial Services THAT the Council for the Corporation of the County of Elgin endorses the current use of collection agencies for the purpose of collection of defaulted POA fines, with commission fees in the range of 10% to 45%; and Moved by Councillor Hofhuis Seconded by Councillor Vowel Recove of Collection A Financial Services Commission Fees - Financial Analvst D rector of Carried THAT Frank Cowan Insurance Company Ltd. be selected to provide the General Insurance and Risk Management Services Program commencing November 15, 2007 to November 14,2008, for the proposed annual premium of $236,479 plus taxes, with an option to renew up to and including an additional three-year term provided that the premium increase, if any, does not exceed 10% of the previous year's insurance premium exclusive of any program changes. Moved by Councillor Habkirk Seconded by Councillor Wilson General Insurance and Risk Manaaement Services Pro ordinator and Manaaer of Administrative Services ram - Purchasin Warden Acre reminded Councillors to set cell phones to vibrate so as not to disturb the Council meeting Co- Carried THAT Moved by Councillor Mennill Seconded by Councillor Marks the annua report on activities of the Elgin County Museum be received and filed County Council 2 October 6,2007 THAT subject to approval of the County SOlicitor, the necessary agreement( s) for execution; and further, be prepared THAT County Council supports, in principle, the various requests from the Dutton & District Lions Non-Profit Housing Inc. regarding the construction of Caledonia II; and Moved by Councillor Wilson Seconded by Councillor Mcintyre The Director of Engineering Services reported to Council that the Lions Club has requested co-operation from the County on joint projects envisioned between Bobier Villa and Caledonia II, when the building is being constructed. Discussion ensued as to why these projects were not included in the funding application Staff advised that fine details were not known when funding was being pursued. Bobier Villa - Caledonia Services Bobier Villa -D rector of En Services. Director of Senior Carried THAT all affected by-laws be amended as they are reviewed THAT Wellington Street Moved by Councillor Hofhuis Seconded by Councillor Mcintyre n Port Burwel County Road 42. be renumbered to 142: and Wellm ton Street Port Burwe - Director of En Services THAT Spriet replacement taxes Carried Associates London Limited be selected to complete engineering services for of the Black Bridge, at their total tendered price of $73,564.00 inclusive of Moved by Councillor Wilson Seconded by Councillor Warwick Tender - Director of En Services Carried THAT staff be directed to write the various landlords of premises leased by the County requesting proof of compliance with Ontario Regulation 278/05 regarding asbestos. Moved by Councillor Vowel Seconded by Councillor MCintyre Upon questions from Council, the Director of Engineering Services advised that the wording in the Act states that if one knows asbestos is contained in buildings it must be tested. New information is now available and Elgin Manor, being a fairly new building. wi not require testing. Asbestos ReaUlation 278/05 Update - Director of En Services Carried THAT County Council approved the changes to the Human Resources Policies 5.60- Short-Term Disability; 8.320 - Modified Work; 9.10 - Reporting & Records; and 9.120- Return to Work Moved by Councillor Marks Seconded by Councillor Menn Human Resources Policies 5.60. 8.320. 9.10. 9.120 - Human Resources Co-ordinator County Counci 3 October 16, 2007 The Manager of Economic Development highlighted the report for Council. The Chief Administrative Officer noted that the donation is not in support of a ferry service but for a feasibility study to determine the feasibility of a ferry service. Councillors discussed the need for a policy to be developed before allocating any funding for economic development projects in the municipalities, the perceived competition between municipalities who also have harbours, an infrastructure study of needs on Bayham roads, and the need for a policy to provide guidelines when considering such a project. Contribution Reauest - Manaaer of Economic Carried THAT the report entitled "BizPal Business Permits and Licences" dated September 27, 2007 from the Manager of Economic Development and Tourism Services, be received for information. Moved by Councillor HofhUls Seconded by Councillor Vowe BizPal Busmess Permits and Licences - Manaaer of Economic Development Carried THAT the policy in the draft by-law respecting duties be adopted, as amended Moved by Councillor Habkirk Seconded by Councillor Menn the delegation of the Council's powers and Council questioned the delegated signing authority for OMERS and was assured the signing authority was for administrative matters only. The draft policy was amended to include weed inspection services as a delegated power. A Policv for the Deleaation of Councils Powers and Duties - Manaaer of Administrative Services Carried THAT the policy detailed in the draft by-law land by the Council be adopted Moved by Councillor Hofhuis Seconded by Councillor Mcintyre respecting the sale and other disposition of A Polic Services for Sale and Other Disposition of Land - Manaaer of Admmlstrative Carried THAT the policy detailed in the draft by-law respecting the circumstances and manner which the Council will provide notice to the public be adopted. Moved by Councillor Mennill Seconded by Councillor Marks n A POIICV for Provision of Notice to the Public - Manaaer of Admmistrative Services Carried THAT staff determine County Counci the most logical location for access to 4 the Bobier Villa October 16, 2007 Council questioned whether the County would be required to continue the project once the funding ends. The Director advised the information regarding this point was vague and unclear. However, Council will have an opportunity to review the details of the project when they become available Health Human Resource Plannm Provincial Pilot Proiect - Demonstration Site Partnershi - Director of Senior Services - Elain Manor Carried THAT the report "Elgin Manor and the Ontario Early Years Program" dated October 4 2007. from the Director of Senior Services for Elgin Manor, be received and filed Moved by Councillor Hofhuis Seconded by Councillor Marks :5 E n Manor and the Ontario Earl n Manor Years Pro ram - Director of Senior Services - Carried THAT the report "Student VOlunteer Criminal Checks" dated September 26. 2007 Director of Cultural Services. be received and filed. Moved by Councillor Habkirk Seconded by Councillor Warwick from the Student VOlunteer Crimmal Checks - Director of Cultural Services Carried THAT funds for this project be drawn from Ministry of Culture funding Cultural Services Department with an upset limit of $15,000. received by the THAT the black and white photographs be reproduced in black and white and the coloured photographs be reproduced in colour; and THAT a new system for displaying County Council photographs be adopted under the direction of the Manager of Cultural Services, with each year framed to a consistent size and placed in the main hallway of the Administration Building; and, Moved by Councillor Vowel Seconded by Councillor Marks The Manager of Cultura for Council to view. Services displayed a sample of the proposed photograph system Council Services - Director of Cultural Services. Manaaer of Cultura Counci took a break at 10:36 a.m. and reconvened at 10:48 a.m Carried Unanimously. THAT the Manager of Economic Development and Tourism Services be directed to develop a process and funding criteria to deal with requests of financial support involving economic development initiatives impacting the region. THAT the Council of the County of Elgin supports the economic development efforts of both the Municipality of Bayham and the Municipality of Central Elgin to explore the establishment of a cross-lake ferry between Ohio and Elgin County; and, Moved by Councillor Wilson Seconded by Councillor Mcintyre County Council 5 October 16. 2007 Ken Loveland, Clerk-Treasurer, Administrator, Municipality of Dutton/Dunwich, with the nomination of Brent Clutterbuck as the West Elgin, Dutton/Dunwich, Southwold and County of Elgin municipal representative to the Thames-Sydenham Source Water Protection Committee 2 Denise McLeod, Deputy Clerk, Township of Southwold, with the nomination of Brent Clutterbuck as the West Elgin, Dutton/Dunwich, Southwold and County of Elgin municipal representative to the Thames-Sydenham Source Water Protection Committee. 1 Correspondence for Consideration CORRESPONDENCE Carried Unanimously. That the necessary by-law be prepared THAT the Warden and the Chief Administrative Officer be authorized and directed the necessary agreement and documentation; and further, THAT the County's composite budget for 2008 make provision for said fees $4,600 plus an allowance for possible investigation[s]); to sign (estimated at THAT Elgin County agrees to pay Mr. Maddox's retainer fee for each of the participating lower-tier municipalities for the first year of the program and further, THAT the Council of the County of Elgin appoint Mr. John Maddox as Closed Meeting Investigator for a one-year term commencing on January 1, 2008 for the County of Elgin and, Moved by Councillor Habkirk Seconded by Councillor Mcintyre The Chief Administrative Officer highlighted the report for Council, emphasizing that the downside to option one would be paying the $2500 retainer and not requiring the service of the investigator. After one year, Council could reassess the appointment to determine it wishes to continue in this manner. The County would also investigate the potential of charging a fee to the person requesting an investigation into Closed Meeting proceedings if Closed Meetin ator - Chief Admmistrative Officer Carried THAT upon the completion of successful negotiations, the Warden and the Chief Administrative Officer be authorized to enter into a contract with Amtelecom Cable LP THAT staff be directed to enter into negotiations with Amtelecom Cable LP for broadband access in under serviced areas of the County of Elgin: and, Moved by Councillor Habkirk Seconded by Councillor Menn mproved Rural Broadband Proposal Acce tance - D rector of nformation Technolo Carried THAT County Council support the participation of Elgin Manor, along with OANHSS and several partner not-for-profit long-term care homes. as a demonstration site for the Health Human Resource nursing strategy THAT County Council support the continued participation of the Elgin County Homes In nursing strategy provincial programs and Moved by Councillor Habkirk Seconded by Councillor Marks County Council 6 October 16. 2007 5 Hon. Donna Cansfield, Minister of Transportation, with copy of correspondence to Mayor Dennis Travale. County of Norfolk, concerning discussions with Mayors Dr. John A. LaPorta, C.E.O., Thames Valley Children's Centre. with an update on the successful conclusion of its expansion project. 4 Wendell Graves, City Clerk, City of St. Thomas, with a resolution from the City of St. Thomas endorsing the two-year medical recruitment partnership with the County of Elgin and the St. Thomas-Elgin General Hospital. 3 2 Douglas A. Maguire, Provincial Constable #5088, Coroner's Constable, advising that the inquest into the death of Michael Hipson will commence on November 13, 2007 at 10:00 a.m. at the Best Western Stoneridge Inn. Premier Dalton McGuinty, acknowledging Council's resolution concerning meters on private residential wells 1 Items for nformation (Consent Carried THAT Correspondence Moved by Councillor Wilson Seconded by Councillor Mcintyre Item #4 be received and filed The following recommendation was adopted Councillor Hofhuis again advised Council that the Joint Elgin/Central Elgin Accessibility Advisory Committee has had a difficult time recruiting people and encouraged Councillors to forward names for membership on the Committee. respecting Correspondence Item #4 Carried THAT the Corporation of the County of Elgin supports the resolution of the Joint Elgin/ Central Elgin Accessibility Advisory Committee concerning approval for an amendment to the JAAC Terms of Reference regarding continuity of service, subject to concurrence by the Council of the Municipality of Central Elgin. Moved by Councillor Habkirk Seconded by Councillor Wilson The following recommendation was adopted respecting Correspondence Item #3 Carried THAT Correspondence Moved by Councillor Mcintyre Seconded by Councillor Wilson Items #1 2 and 5 be received and filed The following recommendation was adopted Donald N. Leitch, Chief Administrative Officer and Clerk, Municipality of Central Elgin with the nomination of Lloyd Perrin as municipal representative on the Lake Erie Region Source Protection Committee, Group 7. respecting Correspondence Items #1 2 and 5 5 Kyle Kruger, Administrator, Municipality of Bayham, seeking support and endorsement from County Council in proceeding with their proposed feasibility and impact study for the potential International Ferry Service at Port Burwell Harbour. 4 Jenny Phillips, Chair, Joint Elgin/Central Elgin Accessibility Advisory Committee, requesting the Committee Terms of Reference be amended to include a continuity of service clause. 3 County Counci 7 October 16, 2007 Council recessed for unch at 11 Notice of Motion - None Matters of Ur - None 51 a.m and reconvened at 12:30 p.m Councillor Marks requested that the curbing being installed by the new gas station at Ron McNeil Line be the rollover type and the Director of Engineering Services noted he would meet on site to discuss the issue The Director of Cultural Services updated Council on the progress of the Shedden Library alterations and would be re-opening to the public this afternoon. All terms and conditions for the re-opening have been met by Southwold Township and Councillor Mcintyre thanked staff for their assistance Councillor HofhUls announced that she would be running for Office of Warden for 2008 Councillors Wilson, Mcintyre and Warden Acre advised that a meeting has been scheduled in Simcoe with ginseng producers for an alternative crop fact-finding and information session Councillor Wilson advised that the Rura nitiatives Committee is continuing with discussions with Canada Post regarding rural postal delivery and the installation of super boxes. Councillors discussed concerns with snow removal maintenance of the community mail boxes and site safety issues Councillor Habkirk advised that they he had received commitment from senior government advisors to attend a meeting on October 26th regarding the need for funding economic development to offset the financial losses suffered by the tobacco industry. Councillor Mennill announced that a copy of the Warden's Banquet program was placed on their desk and reminded Councillors to review and prepare for their role in the program Statements/ln Members OTHER BUSINESS Carried THAT Correspondence Moved by Councillor Marks Seconded by Councillor MCintyre Items #1-8 be received and filed Regarding Correspondence Item #3, it was noted that the first meeting of the group had been held and another is scheduled for early November. The City of St. Thomas would again ask the St. Thomas-Elgin General Hospital to locate the recruitment professional at that location and if the Hospital does not agree, then the City of St. Thomas would provide space, payroll, administrative support and reporting supervision for the position. Norma Bryant, Clerk, Municipality of West Elgin appointment of a closed meeting investigator. 8 7 with a resolution of support for the Denise McLeod, Deputy Clerk, Township of Southwold for the appointment of a closed meeting investigator. with a resolution of support Deputy Attorney General, Murray Segal, acknowledging receipt of Council's letter regarding court security funding and forwarding the letter to the Ministry of Community Safety and Correctional Services for consideration 6 Trainer, Eddy, Molnar and Warden Acre at the AMO Conference concerning the declining tobacco industry, highway network in the municipalities and the proposed ambulance access onto Highway #3 in Aylmer. County Council 8 October 16, 2007 THAT the lease start on February 1, 2008 and expires on January 31, 2013 with a lease rate of $13.50 per square foot per year in year one (annual payment of $15,282.00, pll..lS GST); lease rate of $13.75 per square foot per year in year two (annual payment of $15,565.00, plus GST); lease rate of $14.00 per square foot per year in year three (annual payment of $15,848.00, pll.J!~ii<sSjID; lease rate of $14.25 per square foot per year in year four (annual payment of$16,131.00, 00, pll.J~($$T); and a lease rate of $14.50 per THAT the Warden and the Chief Administrative Officer be authorized and directed to sign a lease agreement with TOPIGS Canada Incorporated for Room 345 in the County Administration Building and Moved by Councillor MCintyre Seconded by Councillor Marks Carried THAT Moved by Councillor Wilson Seconded by Councillor Habkirk the confidential report on 450 Sunset Drive and White's Station be received and filed A staff direction regarding a negotiation matter at 99 Edward Street was issued Carried THAT the Director of Human Resources proceed with hiring a temporary employee for Financial Services. Moved by Councillor Marks Seconded by Councillor Menn Carried THAT we now Moved by Councillor Hofhuis Seconded by Councillor Warwick rise at 1 50 p.m. and report Staff except for the Chief Administrative Officer, the Director of Human Resources and Director of Long-Term Care Homes at Bobier Villa were excused at 1 :09 p.m the Councillors Hofhuis and Marks Councillors Hofhuis and Marks, having previously declared a conflict regarding a property matter at 450 Sunset Drive. left the Council Chambers at 12:43 p.m returned to the Council Chambers at 12:58 p.m Councillors Mcintyre. Vowel and Wilson returned to the Council Chambers at 12:43 p.m Councillors Mcintyre, Vowel and Wilson, having previously declared a conflict regarding a property matter at 99 Edward Street, left the Council Chambers at 12:36 p.m Councillor Vowel, having previously declared a conflict regarding a temporary position In Financial Services, left the Council Chambers at 12:33 p.m Carried THAT we do now proceed in a Closed Meeting at 12:31 p.m. to discuss the security of the property of the municipality at 99 Edward Street and at 450 Sunset Drive and persona matters about an identifiable individual at Bobier Villa Moved by Councillor Warwick Seconded by Councillor HofhUls County Council 9 October 16. 2007 Carried THAT By-Law No. 07-28 be read a third time and finally passed Moved by Councillor Mcintyre Seconded by Councillors Marks Carried THAT By-Law No. 07-28 "Being a By-Law to Establish a Policy Respecting the Delegation of Minor Council Powers and Duties to Staff and Local Boards" be read a first and second time Moved by Councillor Marks Seconded by Councillor Hofhuis BY-LAWS Carried THAT we do now adopt the recommendations of the Committee Of The Whole Counci Moved by Councillor Wilson Seconded by Councillor Menn THAT County Counci confidential report on Carried endorses and supports the Human Resources plan Indicated the Bobier Villa dated October 1,2007. Moved by Councillor Marks Seconded by Councillor Menn n the Carried THAT the lease start on November 1,2007, for a one-year term, at $14.00 per square foot, plus GST, (annual payment of $8,190.00). a lease payment of THAT the Warden and the Chief Administrative Officer be authorized and directed to sign a lease agreement with Alzheimer Society of St. Thomas-Elgin for offices 229 and 234: and and THAT the lease start on November 1, 2007, for a three-year term, at a rate of: first year $13.25 per square foot ($7,950.00 yearly payment, plus GST); second year $13.50 per square foot ($8,100.00 yearly payment, plus GST); third year $13.75 per square foot ($8,250.00 yearly payment, plus GST). THAT the Warden and the Chief Administrative Officer be authorized and directed a lease agreement with Larry Craig for Suite #305; and to sign and THAT the renovation costs shall be allocated from Account. square foot also, the Office Improvements Capita per year County Council n the final year (annual payment 10 of $16.414.0000, plus GST) October 16, 2007 and Mar a, Chief Administrative Officer. Carried THAT we do now adjourn at 1 Moved by Councillor Marks Seconded by Councillor Vowe 20 p.m to meet again on November 13. 2007 at 9:00 AM Carried THAT By-Law No. 07-31 Moved by Councillor Hofhuis Seconded by Councillor Wilson be read a third time and finally passed Carried THAT By-Law No. 07-31 "A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the October 16, 2007 Meeting" be read a first and second time. Moved by Councillor Mennill Seconded by Councillor Vowe Carried THAT By-Law No. 07-30 be read a Moved by Councillor Mcintyre Seconded by Councillor Marks third time and finally passed Carried THAT By-Law No. 07-30 "Being a By-Law to Establish a Policy Respecting the Sale and Other Disposition of Land and to Repeal By-Law No. 95-11" be read a first and second time. Moved by Councillor Habkirk Seconded by Councillor Marks Carried THAT By-Law No. 07-29 be read a Moved by Councillor Vowel Seconded by Councillor Wilson third time and finally passed Carried THAT By-Law No. 07-29 "Being a By-Law to Establish a Policy Respecting the Circumstances and Manner in Which Notice will be Provided to the Public" be read a first and second time. Moved by Councillor Mennill Seconded by Councillor HofhUls County Council 11 October 16. 2007