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November 13, 2007 Minutes Councillor mailboxes Wilson Chair, Rura nitiative Committee, presented a resolution on community REPORTS Carried THAT we do now move Into Committee Of The Whole Council Moved by Councillor Mcintyre Seconded by Councillor Hofhuis Counci took a break at 10:01 a.m and reconvened at 10 10 a.m Warden Acre thanked the delegation for the presentation and the delegation left at 10:01 a.m Carried Unanimously. THAT the recommendations of the Premier Ranked Tourist Destination Framework final report be accepted in principle and forwarded to the Manager of Economic Development and Tourism for a further report to Council including financial implications. Moved by Councillor Mennill Seconded by Councillor Habkirk Mr. Richard Innes, Brain Trust Marketing & Communication, and Ms. Fiona Nesbitt and Ms. Marg Emery, St. Thomas-Elgin Tourist Association, attended at 9:12 a.m. to present the Premier Ranked Tourist Destination Framework Project Findings. Councillors discussed, surveys to determine visitor numbers and locations visited, jobs generated by tourism and training for those jobs, adding an accommodation fee for tourism at hotels/ motels, and to look at agri-tourism as an important industry in Elgin, among other items. Mr. Gus Walters attended at 9:00 a.m. to present an update on the demolition and construction date on the former Elgin Manor property. Demolition and debris removal is nearly complete and construction should begin in March 2008 with occupancy expected by Christmas. Interest in one and two bedroom units has been expressed and a waiting list has begun. Warden Acre thanked the delegation for the presentation and Mr. Walters left at 9:11 a.m. DELEGATIONS None. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF- Carried THAT Moved by Councillor Marks Seconded by Councillor Wilson the minutes of the meeting held on October 16. 2007 be adopted Warden Acre In the Chair. The Elgin County Council met this day at the Administration Building, at 9:00 a.m accordance with adjournment, with all members present. in Tuesday, November 13.2007 COUNTY COUNCIL Carried Unanimously. THAT the Warden issue a letter of appreciation to Port Stanley Terminal Railway inC. for their partnership with the County of Elgin THAT the plan of Port Stanley Terminal Railway Inc. to make regular stops at the Elgin County Administration Building for the purpose of visiting the Elgin County Museum, Archives and tourism office for the months of July and August in 2008 and beyond be endorsed; and Moved by Councillor Wilson Seconded by Councillor Warwick The Museum Curator highlighted the activities of the summer regarding visitation by persons who rode on the Port Stanley Terminal Railway with a stopover at the Museum. The 90-minute stopover was found to be too long and will be tried again next year with a 20-minute stopover. The Curator was directed to investigate the possibility of arranging June school tours in conjunction with the train ride. Port Stanlev Termmal Rai Cultural Services nc.A reement - Museum Curator and Director of Carried. THAT the memo entitled "Building Progress Update" dated November 2,2007, presented by Councillor Wilson, Chair, Ambulance Base Building Committee, be received and filed Moved by Councillor Warwick Seconded by Councillor Menn Councillor Wilson, Chair, Ambulance Base Building Committee, presented an update on the request for an egress for ambulances at the base station to be built on the Terrace Lodge grounds, noting that M.P.P. Steve Peters was very helpful in achieving a positive outcome. Councillor Wilson requested a letter be forwarded to Mr. Peters thanking him for his efforts on our behalf. Carried Unanimously. THAT copies of this resolution be sent to local municipalities, AM.O.. R.O.M.A., Canada Post Corporation, F.C.M. and Mr. Joe Preston, M.P. NOW THEREFORE BE IT THEREFORE RESOLVED that the Council of the County of Elgin hereby opposes the creation and installation of community mailboxes in rural areas and strongly urges the Canada Post Corporation to cease and desist the degradation of rural mail service delivery by forcing residents to retrieve mail from distant mailbox outlets; and, WHEREAS school buses, newspaper carriers and others continue to supply services to individual rural residences without forcing residents to obtain said service from other more distant locations; and, WHEREAS this practice wi mpose unnecessary barriers to elderly residents and those with physical challenges; among others; and, WHEREAS individual ratepayers will be forced to drive to community mailboxes exposing them to risk of injury as opposed to obtaining their mail in a more approximate location: and WHEREAS individual ratepayers will be inconvenienced by the relocation of rural mail delivery to points some distance from their current mailbox location and, WHEREAS the Canada Post Corporation desires to Install and erect community mailboxes in place of individual mailboxes in rural areas; and, Moved by Councillor Mcintyre Seconded by Councillor Mennill County Council 2 November 13, 2007 THAT projects 2660-07-04 - Boiler Replacement - Garage, and 2660-07-05- Miscellaneous - Garage, be closed and their fund balances be combined with project 2660-05-01 - Garage for future use; and, Moved by Councillor Mennill Seconded by Councillor Habkirk Capital Proiects Bud Financial Services. D 2007 - Financial Analyst Services Director of Carried THAT the 2006 Municipal Performance Measures as outlined in the October 24,2007 report titled "Performance Measures - Year Ended December 31,2006" be reported to public on the County website with the 2006 Audited Financial Statements. the Moved by Councillor Habkirk Seconded by Councillor Marks Performance Measures Services Year Ended December 31 2006 - Director of Financial THAT By-Law No. 05-34 be amended to delete increases. Carried Moved by Councillor Habkirk Seconded by Councillor Mcintyre the reference to assessment related Amendment to B -Law No. 05-34 - Director of Financial Services Carried THAT the report titled "Budget Comparison to September 30, 2007" dated October 24, 2007, from the Director of Financial Services be received and filed Moved by Councillor Marks Seconded by Councillor Habkirk Bud arison to Se tember 30. 2007 - Director of Financial Services Carried THAT the report entitled "Annual Request to Carry Forward 2007 Vacation" dated October 16,2007, be received and filed Moved by Councillor Vowel Seconded by Councillor Mcintyre Annual ReQuest to Car Forward 2007 Vacation - Director of Cultural Services Directors of Senior Services for EI n Manor and Terrace LodQe THA Tthe name of mascot name Carried Larry Moved by Councillor Hofhuis Seconded by Councillor Marks the Library Card" be accepted as the official Elgin County Library The Director of Cultural Services advised that a new brochure and DVD is being developed as a marketing tool for Cultural Services and would be coming to Council for approval. The mascot has been well received and is in high demand for Santa Claus parades, schools, libraries, museum and archives activities. Namm County Council Mascot - Director of Cultura 3 Services November 13,2007 Hon. Steven W. Mahoney, Chair, WSIB Ontario, requesting support for the WSIB Insurance Board's "Community Workplace Health and Safety Charter. 1 Items for Consideration CORRESPONDENCE Carried THAT By-Law No. 05-38 be repealed THAT this by-law become effective until November 8, 2009 and once restrictions have been posted; and also the weight THAT no vehicle or any class thereof, whether empty or loaded be operated over any bridge designated on Schedules NO.1 and No.2, which will form part of the bridge weight by-law, with a weight in excess of the weight limited prescribed in the schedule for such bridge; and also, Moved by Councillor Hofhuis Seconded by Councillor Mcintyre ht Restrictions - Director of En Carried Services THAT the amendments to Human Resources Policy 2 Members of Municipal Council be approved Moved by Councillor Marks Seconded by Councillor Menn 100 - Code of Conduct for Code of Conduct for Members of Municipal Council - Human Resources Assistant Councillor Mcintyre noted the Manager of Economic Development and Tourism Services would be speaking at the St. Thomas Chamber of Commerce luncheon on November 29th to present the key findings of the Plan and encouraged Councillors to attend. Carried Unanimously THAT the recommendations within the Plan that have financial and/or resource implications for the County be considered through County Council's budgetary process. THAT the County of Elgin Economic Development Plan 2007-2011 in the report dated October 20, 2007, from the Manager of Economic Development and Tourism Services, be endorsed; and Moved by Councillor Wilson Seconded by Councillor Warwick The Manager of Economic Development and Tourism Services announced the roll-out of the plan at the New Sarum Diner on November 20 at 7:00 p.m. to which councils, stakeholders, and persons who participated in the planning process would be invited. Council discussed adopting the plan "in principle" but were assured it was a living document to be used as a starting point. The Manager of Economic Development and Tourism Services will attend at lower-tier councils to present an overview of the plan upon request. County of EI n Economic Development Plan 2007-2111 Development and Tourism Services - Manager of Economic Carried THAT the report titled "Capital Projects Budget as of October 25.2007", dated November 2,2007, be received and filed. County Council 4 November 13,2007 The following recommendation was adopted respecting Correspondence Item #8 Carried THAT Correspondence Item #1 from the Hon. Loyola Hearn, Minister of Fisheries and Oceans, acknowledging Council's support for resolution from the Township of South Stormont's requesting that Fisheries and Oceans Canada review the drainage construction and maintenance approval process, be forwarded to the Rural Initiatives Committee for further discussion. Moved by Councillor Mcintyre Seconded by Councillor Marks The following recommendation was adopted Councillors discussed the delay by Fisheries and Oceans to review drainage, construction and maintenance approval process, noting that the delay in approvals is very aggravating. respecting Correspondence Item #1 Pat Vanini, Executive Director, Association of Municipalities of Ontario, with information concerning the new closed meeting investigator position. 8 Deborah Newman, Deputy Minister of Community Safety and Correctional Services, acknowledging Council's resolution on provincial funding for the Ontario 911 Advisory Board. 7. Barbara Finlay, Deputy Ombudsman, Ombudsman Ontario, with general information concerning the responsibility of the Ombudsman's Office regarding its responsibility of investigating closed meeting complaints. 6 Ontario Ministry of Labour, Labour Management Services, Collective Bargaining Information Services, with Collective Bargaining Highlights update. 5 R. Millard, C.A.O./Clerk, Township of Malahide, with a resolution supporting the appointment of John Maddox as Closed Meeting Investigator for the County of Elgin and member municipalities. 4. Denise McLeod, Deputy Clerk, Township of Southwold, Margaret Lewis, Deputy Clerk, Municipality of Thames Centre, with a resolution of support for the appointment of Lloyd Perrin as a municipal representative for Group #7 on the Lake Erie Source Protection Committee. 3 Randall Denning, President, Thames Elgin ST. Thomas EMS, acknowledging Council's position regarding the renewal of the Land Ambulance Service Contract. 2 Hon. Loyola Hearn, Minister of Fisheries and Oceans, acknowledging Council's resolution of support for the Township of South Stormont requesting that Fisheries and Oceans Canada review the drainage construction and maintenance approval process. 1 Items for nformation (Consent Agenda CORRESPONDENCE Carried THAT the Corporation of the County of Elgin supports the Workplace Safety and Insurance Board's Community Workplace Heath and Safety Charter initiative Moved by Councillor Warwick Seconded by Councillor Wilson The Chief Administrative Officer noted that a County/City Liaison Committee meeting would be held on April 24, 2008 at 5:00 p.m., hosted by the City of St. Thomas. Mr. Mahoney has been invited to appear as the guest speaker and asked Council and Senior Management to mark it in their calendars. County Council 5 November 13,2007 Councillor Vowel left at 1 :20 p.m The Chief Administrative Officer returned to the Council Chambers at 1 Council conducted his performance review. to attend another meeting 15 p.m and AI staff was excused at 12:45 p.m Carried THAT we do proceed in a Closed Meeting at 12:41 p.m. to discuss the security of the property of the County regarding an encroachment agreement update and restoration of removed railway crossings, and the performance review of the Chief Administrative Officer. Moved by Councillor Mcintyre Seconded by Councillor Hofhuis Council recessed at 12:02 p.m and reconvened at 12:41 p.m Matters of Ur - None Notice of Motion - None The Manager of Administrative Services noted that staff would be reserving rooms for the 2008 OGRAlROMA Conference, and requested that Councillors confirm attendance with her prior to the November 20th on-line reservation date. Councillor Warwick requested the status of inclusion of Furnival Road in the County's five- year capital plan since a portion of it was recently resurfaced. Staff noted that the plan is subject to change based upon Council's priorities and availability of funds. Councillor Hofhuis thanked Councillors Marks and Menn Banquet and noted that it was a very enjoyable evening for their efforts at the Warden's Councillor Mcintyre requested an update on installation of rollover curbing on a portion of Ron McNeil Line at Highbury Road and staff advised that the developer was provided with a sketch outlining areas for the curbing and that the work should be finished shortly. Warden Acre announced that the Regional Transition Economic Development Working Group would be meeting in Tillsonburg on December 12 with economic development officers and provincial representatives regarding financial losses suffered by the tobacco industry. Statements/In Members OTHER BUSINESS Carried THAT Correspondence Moved by Councillor Hofhuis Seconded by Councillor Menn Items #2-7 be received and filed The following recommendation was adopted respecting Correspondence Items #2-7 Carried THAT a letter be forwarded to the Association of Municipalities of Ontario thanking them for supporting the integrity of municipal councils regarding comments made by the Ombudsman concerning the use of closed-door meetings by municipal governments. Moved by Councillor Wilson Seconded by Councillor Marks County Council 6 November 13, 2007 third time and finally passed Carried THAT By-Law No. 07-32 be read a Moved by Councillor Mennill Seconded by Councillor Habkirk THAT By-Law No. 07-32 "Being a By-Law to Authorize the Warden and the Chief Administrative Officer to Sign a Transfer to Convey Land Located in the City of St. to the Elgin Military Museum Inc." be read a first and second time. Carried Thomas Moved by Councillor Mcintyre Seconded by Councillor Warwick BY-LAWS Carried THAT we do now adopt the recommendations of the Committee Of The Whole Counci Moved by Councillor Mcintyre Seconded by Councillor Marks The annual performance evaluation of the Chief Administrative Officer was completed at this time Carried THAT the confidential staff report on a property matter regarding an encroachment agreement be received and filed Moved by Councillor Marks Seconded by Councillor Menni Belmont Road Springwater Road Imperial Road Hacienda Road Springfield Road Ron McNei'line Pigram Road Carried remaining funds $34,250 ($4,900 per) County of Elgin Pressey Line College Line $2,250 $2,250 Malahide Yarmouth Centre Road Tower Road Edgeware Line $2,250 $2,250 $2,250 Centra THAT funds be apportioned as follows Elgin THAT the County Solicitor be directed to accept CN's offer of $45,500 as a one-time payment to restore the former road railway crossings; and, Moved by Councillor Hofhuis Seconded by Councillor Marks Carried THAT we do now Moved by Councillor Mcintyre Seconded by Councillor Menn rise at 1 :30 p.m and report. County Council 7 November 13, 2007 Mar cuonald, Chief Administrative Officer. .1 Lynn Acre Warden. ". Carried THAT we do now adjourn at 1 Moved by Councillor Marks Seconded by Councillor Menn 33 p.m to meet again on November 27,2007 at 9:00 AM Carried THAT By-Law No. 07-35 be read a Moved by Councillor Wilson Seconded by Councillor Menn third time and finally passed Carried THAT By-Law No. 07-35 "A By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the November 13th, 2007 Meeting" be read a first and second time. Moved by Councillor Mcintyre Seconded by Councillor Hofhuis Carried THAT By-Law No. 07-34 be read a third time and finally passed Moved by Councillor Marks Seconded by Councillor Warwick Carried THAT By-Law No. 07-34 "Being a By-Law to Restrict the Weight of Vehicles Passing Over Bridges" be read a first and second time Moved by Councillor Mennill Seconded by Councillor Wilson Carried THAT By-Law No. 07-33 be read a Moved by Councillor Mcintyre Seconded by Councillor Hofhuis third time and finally passed Carried THAT By-Law No. 07-33 "A By-Law to Allow for Cancellation of Residential Tax Increases for Low Income Seniors and Low Income Persons with Disabilities and to Repeal By-Law No. 05-34" be read a first and second time Moved by Councillor Marks Seconded by Councillor Hofhuis County Council 8 November 13,2007