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10 - April 25, 2023 County Council Agenda Packagew '„w�mAw7lffJJ1,, r Elgin County Council Regular Council Meeting ORDERS OF THE DAY Tuesday, April 25, 2023, 9:00 a.m. Council Chambers 450 Sunset Drive St. Thomas ON NOTE FOR MEMBERS OF THE PUBLIC: Please click the link below to watch the Council Meeting: https://www.facebook.com/ElginCountyAdmin/ Accessible formats available upon request. Pages 1. CALL TO ORDER 2. ADOPTION OF MINUTES 4 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 4. PRESENTING PETITIONS, PRESENTATIONS AND DELEGATIONS 4.1 Ben Puzanov, TVDSB Manager of Planning - TVDSB Education 10 Development Charges 4.2 Southwestern Public Health - A Public Health Unit for the Future 19 5. COMMITTEE OF THE WHOLE 6. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF 6.1 Manager of Museum and Archives - Ride the Whistlestop Trail 28 Community Event on May 27, 2023 6.2 Director of Community & Cultural Services - Access to Information and 33 Privacy Policy Adoption 6.3 General Manager of Engineering, Planning & Enterprise/Deputy CAO - 48 Culvert Rehabilitations (Tender No. 2023-T11) and Bridge and Culvert Repairs (Tender No. 2023-T12) - Tender Awards 6.4 General Manager of Engineering, Planning & Enterprise/Deputy CAO - 53 Granular Road Shouldering (Tender No. 2023-T15) - Tender Award 6.5 General Manager of Engineering, Planning & Enterprise/Deputy CAO - 56 Traffic Signal Modernization - Single Source Contract Award for Installation 6.6 General Manager of Engineering, Planning & Enterprise/Deputy CAO - 61 No Stopping Zone - Belmont Road 6.7 General Manager of Engineering, Planning & Enterprise/Deputy CAO - 65 Central Elgin Official Plan Amendment, File No. CE OPA 1-23 6.8 General Manager of Engineering, Planning & Enterprise/Deputy CAO - 108 Draft Plan of Condominium Approval - 279 Hill Street, File No. 34CD- CE2201 6.9 General Manager of Engineering, Planning & Enterprise/Deputy CAO - 116 Lease Extension Agreement - Alzheimer Society Southwest Partners/Elgin (County) 6.10 General Manager of Engineering, Planning & Enterprise/Deputy CAO - 119 Elgin/Riddell - Approval of Commercial Lease - Elgin County Administration Building (Suites 223, 225, and 227) 7. COUNCIL CORRESPONDENCE 7.1 Items for Consideration 7.1.1 Resolution from the Municipality of West Elgin requesting the 123 adjustment of the location of the speed limit sign on Furnival Road, the installation of a school zone sign on Talbot Line in Rodney, and that the area be designated a Community Safety Zone. 7.2 Items for Information (Consent Agenda) 7.2.1 Western Ontario Wardens Caucus Media Release: WOWC 124 Unveils 2023=24 Priorities to MPs and MPPs 8. OTHER BUSINESS 8.1 Statements/Inquiries by Members 8.2 Notice of Motion 8.3 Matters of Urgency 9. CLOSED MEETING ITEMS 9.1 Director of Human Resources - Labour Relations Matter - Collective Bargaining Municipal Act Section 239 (d) labour relations or employee negotiations. 9.2 Director of Legal Services - Elgin/Xplore Inc. Telecommunications Agreement Negotiations Municipal Act Section 239 (2) (f) advice that is subject to solicitor -client privilege, including communications necessary for that purpose; and (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. 9.3 Director of Legal Services - OLT-22-004706 (verbal) Municipal Act Section 239 (2) (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and (f) advice that is subject to solicitor -client privilege, including communications necessary for that purpose. 10. MOTION TO RISE AND REPORT Page 2 of 133 11. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE WHOLE 12. CONSIDERATION OF BY-LAWS 12.1 By -Law No. 23-18 - No -Parking By -Law Amendment 12.2 By -Law No. 23-19 - Confirmation 13. ADJOURNMENT 132 133 Page 3 of 133 ru��yyii„ I:I11rJILl[K01I1Ll11WK61001LINII MINUTES April 11, 2023, 9:00 a.m. Council Chambers 450 Sunset Drive St. Thomas ON Members Present: Warden Ed Ketchabaw Deputy Warden Grant Jones Councillor Dominique Giguere Councillor Mark Widner Councillor Jack Couckuyt Councillor Andrew Sloan Councillor Todd Noble Councillor Mike Hentz Councillor Richard Leatham Staff Present: Julie Gonyou, Chief Administrative Officer/Clerk Brian Lima, General Manager of Engineering, Planning, & Enterprise(EPE)/Deputy CAO Amy Thomson, Director of Human Resources Michele Harris, Director of Homes and Seniors Services Jenna Fentie, Manager of Administrative Services/Deputy Clerk Carolyn Krahn, Manager of Economic Development, Tourism & Strategic Initiatives CALL TO ORDER The meeting was called to order at 9:03 a.m. with Warden Ketchabaw in the chair. The Chief Administrative Officer/Clerk administered the Oath of Office to Richard Leatham, Acting Mayor of the Municipality of West Elgin. 2. ADOPTION OF MINUTES Moved by: Councillor Sloan Seconded by: Councillor Noble RESOLVED THAT the minutes of the meeting held on March 28, 2023 be adopted. Motion Carried. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. 4. PRESENTING PETITIONS, PRESENTATIONS AND DELEGATIONS None. 5. COMMITTEE OF THE WHOLE Moved by: Deputy Warden Jones Seconded by: Councillor Sloan Page 4 of 133 IV0we] A0/019111a_I0NWe • I . TT,i • - r� .�ZTiT1[ir3me aIITANT1iTe7ra Motion Carried. 6. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF 6.1 Warden Ketchabaw - Warden's Activity Report March 2023 Warden Ketchabaw presented a high level summary of meetings and official functions he attended as Warden in March 2023. Moved by: Councillor Hentz Seconded by: Councillor Leatham RESOLVED THAT the report titled "Warden's Activity Report March 2023" dated April 4, 2023 from Warden Ketchabaw be received and filed. Motion Carried. 6.2 Director of Homes and Seniors Services - Homes - Long -Term Care Home Service Accountability Agreement - LSAA - Multi -Homes The Director of Homes and Seniors Services presented the report recommending that County Council authorize staff to sign the Long -Term Care Service Accountability Agreement (LSAA) for the period of April 1, 2023 to March 31, 2024. The LSAA is an agreement between the County of Elgin and Ontario Health that includes terms and conditions for care and services, reporting requirements, performance requirements, and an annual compliance declaration. Moved by: Councillor Hentz Seconded by: Councillor Widner RESOLVED THAT the report titled "Homes - Long -Term Care Home Service Accountability Agreement - LSAA - Multi -Homes" dated April 3, 2023 from the Director of Homes and Seniors Services be received and filed; and THAT Council authorize staff to sign the "Long -Term Care Home Service Accountability Agreement" - LSAA - Multi -Homes for the period of April 1, 2023 - March 31, 2024. Motion Carried. 6.3 Director of Homes and Seniors Services - Homes - Multi -Sector Service Accountability Agreement - MSAA The Director of Homes and Seniors Services presented the report recommending that County Council authorize staff to sign the Multi -Sector Service Accountability Agreement (MSAA) with Ontario Health for the period of April 1, 2023 to March 31, 2024. Moved by: Deputy Warden Jones Seconded by: Councillor Giguere RESOLVED THAT the report titled "Homes - Multi -Sector Service Accountability Agreement - MSAA" dated April 3, 2023 be received and filed; and THAT Council authorize staff to sign the "Homes - Multi -Sector Service Accountability Agreement - MSAA" for the period of April 1, 2023 - March 31, 2024. Motion Carried. Page 5 of 133 6.4 Director of Homes and Seniors Services - Homes - Administration and Infection Prevention and Control Policy Updates The Director of Homes and Seniors Services presented the report recommending County Council approve updates to the Homes Administration and Infection Prevention & Control policies. Moved by: Councillor Hentz Seconded by: Councillor Couckuyt RESOLVED THAT the report titled "Homes - Administration and Infection Prevention and Control Policy Updates" dated March 31, 2023 from the Director of Homes and Seniors Services be received and filed; and THAT Council approve the County of Elgin Homes and Seniors Services Administration and Infection Prevention and Control Policy Manual updates to ensure alignment with current Ministry of Long -Term Care legislation. Motion Carried. 6.5 Director of Human Resources - Amended HR Policy: 8.20 Safety Equipment & Programs The Director of Human Resources presented the report recommending Council approve amendments to HR Policy 8.20 Safety Equipment & Programs to include a new provision of up to $200 annually toward the purchase of certified safety footwear for employees who are required to wear these during the course of their employment. Moved by: Deputy Warden Jones Seconded by: Councillor Widner RESOLVED THAT the report titled "Amended HR Policy: 8.20 Safety Equipment & Programs" dated April 11, 2023 from the Director of Human Resources be received and filed; and THAT County Council approve amended HR Policy: 8.20 Safety Equipment & Programs. Motion Carried. 6.6 Manager of Economic Development, Tourism & Strategic Initiatives - Savour Elgin/Taste - Experience the Flavours of Elgin and St. Thomas The Manager of Economic Development, Tourism & Strategic Initiatives presented the updated Savour Elgin culinary guide to County Council. Moved by: Councillor Leatham Seconded by: Councillor Sloan RESOLVED THAT the report titled "Savour Elgin/Taste - Experience the Flavours of Elgin and St. Thomas" dated April 4, 2023 from the Manager of Economic Development, Tourism & Strategic Initiatives be received and filed. Motion Carried 6.7 General Manager of Engineering, Planning & Enterprise/Deputy CAO - 2022 County Road Maintenance Agreement - Financial Reporting The General Manager of Engineering, Planning & Enterprise/Deputy CAO presented the report summarizing the County Road maintenance expenditures as reported by Elgin's member municipalities for the 2022 calendar year as required by the Road Maintenance Agreement. Page 6 of 133 Moved by: Deputy Warden Jones Seconded by: Councillor Noble RESOLVED THAT the report titled "2022 County Road Maintenance Agreement - Financial Reporting" dated April 4, 2023 from the General Manager of Engineering, Planning & Enterprise/Deputy CAO be received and filed. Motion Carried. 6.8 General Manager of Engineering, Planning & Enterprise/Deputy CAO - Request to Extend Reduced Speed Zone - Lyons Line The General Manager of Engineering, Planning & Enterprise/Deputy CAO presented the report recommending that County Council approve the establishment of a reduced speed zone on Lyons Line in the Township of Malahide. Moved by: Councillor Giguere Seconded by: Councillor Noble RESOLVED THAT the report titled "Request to Extend Reduced Speed Zone - Lyons Line" dated April 4, 2023 from the General Manager of Engineering, Planning & Enterprise/Deputy CAO be received and filed; and THAT the Reduced Speed Zone By -Law, Schedule C, be amended as follows: - County Road 73, section A, from 408 metres east of the east property line of County Road 73 to 335 metres west of the east property line of County Road 73 be established as a 60km/hr zone. Motion Carried. 6.9 Chief Administrative Officer - City -County Shared Services Enhanced Engagement Efforts The Chief Administrative Officer presented the report detailing recommended strategies to support enhanced information sharing between the City of St. Thomas and the County of Elgin regarding shared services. Moved by: Councillor Sloan Seconded by: Councillor Couckuyt RESOLVED THAT the report titled "City -County Shared Services Enhanced Engagement Efforts" dated April 6, 2023 from the Chief Administrative Officer be received and filed. Motion Carried. 7. COUNCIL CORRESPONDENCE 7.1 Items for Consideration 7.1.1 Resolution from the Town of Aylmer requesting Elgin County Council to establish a special reserve for any funds recovered through addressing historical issues with Payment -In -Lieu payments Moved by: Councillor Sloan Seconded by: Councillor Couckuyt RESOLVED THAT staff be directed to provide a follow-up report regarding Payments -in -Lieu and accounting practices. Page 7 of 133 Motion Carried. 7.2 Items for Information (Consent Agenda) Moved by: Councillor Couckuyt Seconded by: Councillor Hentz RESOLVED THAT correspondence items #7.2.1- 7.2.4 be received and filed. Motion Carried. 7.2.1 Thames Valley District School Board Report - Education Development Charges Moved by: Deputy Warden Jones Seconded by: Councillor Hentz RESOLVED THAT staff be directed to provide a follow-up report regarding Thames Valley District School Board's proposed implementation of development charges for consideration at its April 25, 2023 meeting. Motion Carried. 7.2.2 Resolution from the Municipality of Bayham in support of Bill 5 - Stopping Harassment and Abuse by Local Leaders Act Moved by: Deputy Warden Jones Seconded by: Councillor Giguere RESOLVED THAT staff be directed to provide a draft resolution regarding Bill 5 - Stopping Harassment and Abuse by Local Leaders Act for Council's consideration at its April 25, 2023 meeting. Motion Carried. 7.2.3 Western Ontario Wardens Caucus Media Release - WOWC recognizes rural support in 2023 provincial budget, will continue advocating for the region 7.2.4 Western Ontario Wardens Caucus Media Release - WOWC supports Good Roads' plan to build safer rural roads and address municipal liability 8. OTHER BUSINESS 8.1 Statements/Inquiries by Members None. 8.2 Notice of Motion None. 8.3 Matters of Urgency 8.3.1 Councillor Appointment to Southwestern Public Health Board of Directors Moved by: Councillor Couckuyt Seconded by: Councillor Leatham RESOLVED THAT Deputy Warden Jones be appointed to serve as County Councillor representative on the Southwestern Public Health Board of Health. 5 Page 8 of 133 Motion Carried. 9. CLOSED MEETING ITEMS None. 10. MOTION TO RISE AND REPORT None. 11. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE WHOLE Moved by: Councillor Widner Seconded by: Councillor Hentz RESOLVED THAT we do now adopt recommendations of the Committee of the Whole. Motion Carried. i p�610106911] :1:7ell 9 10101111501 M:ym 1FATIT6I 12.1 By -Law No. 23-16 Speed Zone Amendment - Lyons Line To Amend the Schedule to By -Law No. 20-58 Being a By -Law to Authorize Speed Limits. Moved by: Councillor Giguere Seconded by: Councillor Noble RESOLVED THAT By -Law No. 23-16 be now read a first, second, and third time and finally passed. Motion Carried. 12.2 By -Law No. 23-17 Confirmation BEING a By -Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the April 11, 2023. Moved by: Councillor Leatham Seconded by: Deputy Warden Jones RESOLVED THAT By -Law No. 23-17 be now read a first, second, and third time and finally passed. Motion Carried. 13. ADJOURNMENT Moved by: Councillor Widner Seconded by: Councillor Sloan RESOLVED THAT we do now adjourn at 9:52 a.m. to meet again on April 25, 2023 at 9:00 a.m. Motion Carried. Julie Gonyou, Ed Ketchabaw, Chief Administrative Officer/Clerk Warden 6 Page 9 of 133 co M s u N 0 4,., o E C (a -a 0 am C� a bn ._ 4 M LU ai uiLU .. 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TO- a "0 "� "5; a > 0 0 m U) U) o L U a) U) E a) a) L- a) a) = c a) 00) c CU a) a) cu Lf (D c a) SU a) m 0 "0 c cu U � iiiiii uu cn uuuuuuuuuuuu 111111111111C uuuuuuuuuuuuuuuuuuuui uuuuuuuuuuuu M M O N N a� co a u ca _Ile M M O N N co d im cn cu u _ " " " u G " cn EIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIII (IIIIIII Illlllul IIIIIIIIIIIIIIIIIIII 0 aiiiiiiiiiiiiiiiii M O Ln N N co d _0 a) ca ca ca M O N N co d I I a) (D (D cu cu (J 0 cu a) cu U) cu a) a) cu -&-o cn L- CU cn _0 a) 0 E a) a) U) in cm E a) a) a) cm cu a) > a) cn cn U) a) 0 .— CU w U) E 0 E cu cn co Pro�fressival by Nature RECOMMENDATION: REPORT TO COUNTY COUNCIL FROM: Mike Baker, Manager of Museum and Archives DATE: April 25, 2023 SUBJECT: Ride the Whistlestop Trail Community Event on May 27, 2023 THAT the April 25, 2023 report titled Ride the Whistlestop Trail Community Event on May 27, 2023, submitted by the Manager of Museum and Archives, be received and filed for information. INTRODUCTION: This report provides County Council and the public with an overview of a forthcoming event organized by the Elgin County Museum and its partners. DISCUSSION: The Elgin County Museum will present a bicycle event entitled "Ride the Whistlestop Trail!" at the Elgin County Heritage Centre on May 27, 2023 in support of its current exhibition: Cycling: An Unspoken History; Selections from the Rick Wolfe Collection. The event is intended to draw an audience to the exhibition as well as to create an awareness among residents and the cycling community of the Whistlestop Trail, which runs from St. Thomas to Port Stanley along Sunset Drive. The trail was launched in 2018 as a joint venture of the Elgin and St. Thomas tourism departments. The event has been undertaken in partnership with the St. Thomas Public Library, Railway City Tourism and the Railway City Cycling Club. These partners carried out a cycling/walking tour event in September, 2022 entitled Tales of Talbot. They compiled a printed guide, designed by a group of Fanshawe students, to selected historic sites along Talbot Street in downtown St. Thomas. This year, the partners have been joined by Elgin County Tourism. Participants are invited to visit either the Railway City Tourism office in the replica train station at 605 Talbot Street or the Port Stanley Visitors Centre, 199 Carlow Road, to Page 28 of 133 K -inted guide, produced by the Elgin County Museum, highlighting various :es and natural features along the trail. Additional photographs of these locations, drawn from the Elgin County Archives collection, will be available on the Railway City Tourism website. The event will be held in the parking lot in front of the Heritage Centre and on the adjacent, grassed -in, area between the Centre and the County Building. Parking will be restricted to the area behind the County Building to allow for vendors to set up and demonstrations to take place. The exhibition's guest curator (and owner), Rick Wolfe, will be riding a high wheel (a penny farthing) as well as providing guided tours of the exhibit. The event's sponsor is Doug Tarry Homes, whose generous donation has allowed for the production of promotional items and additional advertising. Highlights of the event include: • A number of cycling related local businesses are booked to participate, including two bike shops, and a fitness centre. • Refreshments will be available courtesy of Edward Jones Investments. • Ajazz group, the Still Alive Trio, will be performing on the lawn. • St. Thomas Public Library and the Elgin County Heritage Centre will provide crafts and activities for kids. • The Elgin County Archives will bring their popular green screen technology to the Heritage Centre, which allows visitors to insert themselves into historic photographs from the collection. • Elgin County Community Paramedicine will be attending to introduce themselves to the community and will provide first -aid support. • Elgin Detachment OPP will also be attending to provide bike and road safety tips. Event participants are asked to register through Eventbright to provide organizers with an estimate of the attendance. As an incentive, a gift bag of promotional items has been offered to the first 50 registrants. �11pwEFw e';h,eI I )I Lf„� � t111.V � I I� ��;" Ve�„1f Page 29 of 133 K FINANCIAL IMPLICATIONS: Not applicable. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin ® Ensuring alignment of ❑ Planning for and current programs and services with community need. ® Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. facilitating commercial, industrial, residential, and agricultural growth. ❑ Fostering a healthy environment. ® Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: Investing in Elgin ® Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. The St. Thomas Public Library and Railway City Tourism are making valuable contributions to the event including staff time, materials and promotional items. Staff at Elgin County Tourism through the Visitors' Centre in Port Stanley will also be participating. COMMUNICATION REQUIREMENTS: The event will be extensively promoted through social media and the guide will be permanently available to download from both the Elgin County Tourism web site and the Railway City Tourism web site. Page 30 of 133 CI CONCLUSION: The Elgin County Museum and its partners will hold a bicycle-themed event on May 27, 2023, to draw attention to its current exhibition and to the Whistlestop Cycling Trail on Sunset Drive. All of which is Respectfully Submitted Mike Baker Manager of Museum and Archives Brian Masschaele Director of Community and Cultural Services Approved for Submission Julie Gonyou Chief Administrative Officer Page 31 of 133 ,fl id MW i ,irm IIDetfle )GameCrafts foriddit, Ekfiibit Tour wig .RioqkI WUfo' Fjrmt,50 regitter receive a freo, grog! buq! Bikes �only at the Heritage Centre,cfars please, paek: behind the Elgin County Administraticn buildirig at 450 Sunsot DrimG.Cycle Trall Mbps, avuilaUe, at Part Stan[gy Visitor's Cen,tre OR Railway City Toufism'Station. Regist�er by scanning the OR. Code or go to, eventbwitecom —Ride the Whistlestop FOR MOPE INMOMATION CALL 519-6311-1460, EXT. 19 3 SWF,It,flEk[1ic U]Xclry 7TOUNI SMK" ,, Page 32 of 133 REPORT TO COUNTY COUNCIL FROM: Brian Masschaele, Director of Community and Cultural Services DATE: April 17, 2023 Progfressive by ature SUBJECT: Access to Information and Privacy Policy Adoption RECOMMENDATIONS: THAT the report titled "Access to Information and Privacy Policy Adoption" from the Director of Community and Cultural Services dated April 17, 2023 be received and filed; and, THAT the Access to Information and Privacy Policy attached to this report as "Appendix A" be hereby adopted. INTRODUCTION: This report recommends updates to the County's Access to Information and Privacy Policy which was last approved in 2012. DISCUSSION: The County's access to information and privacy practices are largely governed by two pieces of provincial legislation; the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) and the Personal Health Information Protection Act (PHIPA). MFIPPA sets out the rules that the County must follow regarding the collection, use, retention and disclosure of personal information and applies generally to all departments and offices across the corporation. PHIPA governs the manner in which personal health information is collected, used and disclosed and applies specifically to the County's long-term care homes and land ambulance services. While these acts have remained largely unchanged since Council last adopted the County's Access to Information and Privacy Policy in 2012, recent orders impacting the municipal sector issued by the Office of the Information and Privacy Commission of Ontario (IPC) and IPC requirements in response to the County's network disruption Page 33 of 133 1 in 2022 now merit further amendments to this policy. Major amendments ito this latest revision are as follows: • Routine disclosure provisions; • Explicit reference to other County polices pertaining to access to information and privacy, specifically the Health Information Privacy Policy and the Audio / Video Surveillance Policy, • A policy statement regarding access to County Councillor records. MFIPPA's application to councillor records has been the subject of recent scrutiny and orders by IPC; • A more definitive statement on who serves as the Head and delegation of duties relative to MFIPPA; • A privacy breach protocol which is an outstanding requirement from IPC after the County's network security incident. A thorough review of best practices from other municipalities was conducted in drafting this policy. Legal Services has also engaged in a thorough review and has endorsed its contents. FINANCIAL IMPLICATIONS: Not applicable. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin ® Ensuring alignment of ❑ Planning for and current programs and facilitating commercial, services with community industrial, residential, need. and agricultural growth. ® Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. ❑ Fostering a healthy environment. ❑ Enhancing quality of place. Investing in Elgin ® Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. K Page 34 of 133 K INICIPAL PARTNER IMPACT: The Director of Community and Cultural Services regularly consults with local municipal partners on matters relating to access and privacy. This policy will be made available to all partners. COMMUNICATION REQUIREMENTS: The policy will be posted under the n� �'' aL..!.��.��n...L....L.L.L�;........."......�...4.��'�'��.io„ of the County's website. CONCLUSION: The Access to Information and Privacy Policy is a key tool in promoting public accountability and transparency. The revisions being proposed at this time will better align the policy with recent IPC decisions, other County policies impacting privacy and will integrate new considerations such as access to councillor records and a privacy breach protocol. All of which is Respectfully Submitted Brian Masschaele Director of Community and Cultural Services Approved for Submission Julie Gonyou Chief Administrative Officer Page 35 of 133 d Appendix A County of Elgin Policy Manual Subject: Access to Information and Privacy Policy Policy Number: Date Approved: October 23, 2012 Date Last Revision: � IIII'°°IIII'°IIII'°°�OIIIIIIIIIIIII! The County of Elgin is committed to public transparency and accountability in compliance with the terms of the Municipal Freedom of Information and Protection of Privacy Act ("MFIPPA"). The purpose of this policy is to provide guidelines and procedures regarding public access to information governed by MFIPPA. 2 0C01114°°IIIIIIIIIIIII! This policy pertains to all records retained in the custody or under the control) of the County of Elgin. IIII' IIIIIIIIIIIII! IIII'"""°IIII IIII" IIII"'°'IIIIOIIIP' For the purpose of this Policy: • "Act" shall mean the Municipal Freedom of Information and Protection of Privacy Act R.S.O. 1990, c. M. 56, as may be amended or replaced. • "County" shall mean the Corporation of the County of Elgin. • "Record" shall have the same meaning as it is defined in section 2 of the Act, as amended from time to time. • "Personal Health Information" shall have the same meaning as it is defined in section 4 of the Personal Health Information Protection Act, 2004, S.O. 2004, c. 3, Sched. A, as amended from time to time. • "Personal Information" shall have the same meaning as it is defined in section 2 of the Act, as amended from time to time. • "Routine Disclosure" shall mean the routine or automatic release of certain types of administrative and operational records in response to requests made informally. 4 0IIII'°°IIII'°HOC IIIIIIIIIIIII! IIII' IIII'° IIIIIIIIIIIII! d 4.1 MFIPPA establishes a general right of access to records created and maintained by the County under the following guiding principles: • The public has the right to information held by the County; • Information should be made available to the public; • Any person can make a request for information held by the County under the Act; • Exemptions from the right of access to information should be limited and specific; • The protection of personal information held by the County under the Act is a right of the Individual; and • Decisions relating to disclosure of information can be reviewed by an independent body: the Information and Privacy Commissioner of Ontario. 4.2 Authority to Collect Personal Information - Personal information shall only be collected by the County where the collection is: Expressly authorized by statute; Used for the purposes of law enforcement, or Necessary to the proper administration of a lawfully authorized activity. County forms that collect personal information must include a Notice of Collection under MFIPPA. 4.3 Routine Disclosure — Wherever possible, records will be made available and/or released on a routine basis and without the need to file a formal request. All information discussed in an open forum, such as County Council meetings, is open to the public and can be routinely disclosed. 4.4 Exemptions under the Act — Records shall not be disclosed, or shall be severed and only disclosed in part, where exemptions under the Act apply. The County therefore may not make disclosures including, but not limited to, records or portions of records that: 1. are draft by-laws and reports; 2. are advice or recommendations; 3. might interfere with a law enforcement matter; 4. were received in confidence from another government entity; 5. were received in confidence from an Aboriginal community, or that may prejudice the conduct of relations between an Aboriginal community and the County; 6. contain third -party information, including technical, commercial, scientific, or labour relations that were supplied in confidence and the release of which could reasonably be expected to be prejudicial; d 7. contain information, the release of which could prejudice economic or competitive interests; 8. are protected by solicitor -client privilege; 9. contain information, the release of which might pose a danger to safety or health; 10. contain the personal information of an individual(s), except where such disclosure is in accordance with the various exceptions contained within the Act that do permit such disclosure. 11. have been previously destroyed according to the County's Classification and Retention Schedule. 4.5 Personal Health Information - Requests for information or correction received related to Personal Health Information are subject to the Personal Health and Information Protection Act ("PHIPA") and shall be dealt with in accordance with PHIPA and the County's Health Information Privacy Policy. 4.6 Audio and Video Surveillance - Audio / video surveillance systems are in use at facilities owned or leased by the County of Elgin to promote the safety and security of residents and the general public and to protect the County's assets and property. Information obtained from these systems shall be governed by the County's Audio / Video Surveillance Policy under the terms of MFIPPA. 4.7 Shared Responsibility - The management and safekeeping of information is the responsibility of each employee, councillor, agent or representative of the County. Confidentiality must be protected by any individual who is authorized to have access to information in order to perform his or her duties. 4.8 Delegation of Duties Under the Act - The Warden is designated as Head of the County for the purposes of the Act. The Warden's duties as Head are delegated to the County Clerk. The Director of Community and Cultural Services acts as the Privacy Coordinator on behalf of the Clerk. Staff, members of County Council and agents or representatives of the County should consult the Privacy Coordinator for clarification on how to proceed where an access request is received and it is not immediately apparent that the information is within the public domain. Individuals may also consult the Privacy Coordinator where information is not easily available. 4.9 Eligibility to File a Request - Every person has a right of access to a record or a part of a record in the custody or under the control of the County, except where the record or the part of the record falls within one of the exemptions under MFIPPA. The identity of persons making requests shall not be disclosed except to those who need to know in order to administer the request and/or the Act. The following procedure shall be followed to access County records: 1. Using the attached request form, a person requesting access to a record shall submit a request in writing that states the specific request for access to d information in sufficient detail to enable the Coordinator to identify the requested record(s). 2. Except where routine disclosure applies, a person requesting access to a record shall attach to the request form payment or proof of payment of a fee of $5.00. This fee must be collected before the individual request will be processed. The request and proof of payment shall be forwarded to: Privacy Coordinator Elgin County Administration Building 450 Sunset Drive St. Thomas, Ontario N5R 5V1. 3. The request shall be date stamped and, in compliance with MFIPPA, the request shall be completed within a 30-day period. Eligible extensions to this response period shall be communicated in writing to the requester and shall state the reason(s) for the extension under MFIPPA and the consequential timelines. 4.10 Fees — Fees and charges levied to the requester are prescribed under the Act and its associated regulations as follows: a. Photocopy Cost b. Search Time c. Computer Costs for developing a program or other method of producing a record from machine readable data d. Record Preparation e. Data Storage Disks f. Costs incurred to locate, retrieve, process, and copying the record, where those costs are specified in an invoice received by the County $0.20 per page $7.50 per Y4 hour to search and to retrieve $15.00 per Y4 hour $7.50 per Y4 hour to prepare records for release $10.00 per disk Variable For access to personal information about the individual making the request for access, "Search Time" and "Record Preparation" fees will not be charged. Fee estimates will be given if anticipated fees are $25.00 or more. If the estimate is over $100.00, a 50% deposit is required prior to processing the request any further. A person who is required to pay a fee listed above may ask the Commissioner to review the amount of the fee. This policy shall be considered amended should any fee changes resulting from legislative or regulatory amendments occur. If there is any conflict between this policy and the County's Fees and Charges By -Law, the Fees and Charges By -Law shall prevail, d except that where the Fees and Charges By -Law is silent on a fee set out in this policy, it shall not be considered a conflict. 4.11 Right of Appeal — The requestor has the right of appeal regarding any decision on release of information, the process taken and/or associated timelines with the Information and Privacy Commissioner of Ontario (IPC). Notice on the right of appeal shall be provided on all responses to the requestor. 4.12 County Councillor Records - The Privacy Coordinator will determine whether the Act applies to a Councillor's records. Councillors' records are generally subject to release only where they are in the custody or control of the County and where they were produced outside of Council's decision -making process and within the course of the Councillor's duties as an officer or employee of the County. Generally, records related to a Councillor's role as an individual constituent representative are not subject to MFIPPA. IIII'°°IIII'°IIII C"' IIIIIIIIIIIII'°IIIIIIIIIIIII! CIIII'°°"'IIII IIII°IIII'°""''CIIII The County is committed to ensuring that appropriate and secure safeguards exist for the management and protection of personal information. In the event that a breach of personal information does occur, the following actions shall be taken: • Upon learning of a privacy breach or potential privacy breach, staff shall immediately notify the Chief Administrative Officer, the Privacy Coordinator, and the Director of Legal Services, who will act as a control group responsible for investigating the breach pursuant to guidelines set out by the IPC. • The Privacy Officer will immediately provide notification to IPC if the breach is deemed significant. • The control group will immediately provide notice to the County's insurer if the breach is deemed significant. • The control group will lead efforts to identify the scope of the breach and to implement the necessary steps to contain it. • The control group will provide notice to those impacted by the breach. The notice will outline the extent of the breach, its identifiable impacts, and support(s) available to the affected party. Such notice may be provided by formal (such as registered mail) or informal (such as e-mail or regular mail) means, depending on the severity of the breach. • The control group will lead an investigation into the causes of the breach and will implement remedial efforts to prevent reoccurrence. FURTHER INFORMATION: Privacy Coordinator County of Elgin 519-631-1460 x138 privacyelineca ATTACHMENTS: • Personal Information Bank Index • MFIPPA Request Form d Personal Information Bank Index (in accordance with the MFIPPA, s.34) Bank Title Individuals Primary Retention and Types of Retention and Legal and Location in Banks Users Disposition Information Authority - Notes and Uses Tourism Owner / General Only active Business Expressed consent to Services — operator public, member contact collect and release Membership contacts staff, information is information information is Database members retained — used for provided marketing and promotional purposes Economic Owner / Staff Information Used for Expressed consent to Development operator retained on marketing collect and release — Business contacts active and information is directory businesses promotional provided database retained purposes indefinitely Provincial Named Staff, Retention Address See "J" series in Offences Act parties for Justice of varies from and offence retention system (POA) ticket offences the Peace, three years for information and court files law Certificates of used for — POA Office enforce- Offence to registering ment permanent for convictions, court dockets payment, establishing court dates and collections. Administrative Property Protective Minimum Civic Information may be Services — owners services retention is 10 address destroyed if 911 Civic personnel years cross- superseded Addressing referenced to property owner address d Bank Title Individuals Primary Retention and Types of Retention and Legal and Location in Banks Users Disposition Information Authority - Notes and Uses Administrative Individuals Service Retained for 5 Names and Information Services — transported provider years after call addresses maintained by service Ambulance and source of those provider under Call of 911 calls involved in contract to the Response services; County — File Files analysis of contents managed appropriate under Personal response Health Information times; Protection Act billing of services Engineering Applicants Staff, Land Applications Applicant Services — for Division retained for address Land Division severances Committee five years; information Applications Decisions and retained property permanently description Engineering Property Staff Retained for Address Services — owners six years from information Road and impacted by completion of for affected Drainage construction project property Construction owners for Files purposes of notification and follow- up Engineering Individuals Service Retained for 5 Names and Information Services — transported provider years after call addresses maintained by service Ambulance and source of those provider under Call of 911 calls involved in contract to the Response services; County — File Files analysis of contents managed appropriate under Personal response Health Information times; Protection Act billing of services d Bank Title Individuals Primary Retention and Types of Retention and Legal and Location in Banks Users Disposition Information Authority - Notes and Uses Engineering Elgin County Staff Retain for 3 Tenant Services — Administra- years after address Tenant Files tion Building expiry of lease and contact Tenants information Engineering County Staff and Retained until Name, Services — property local superseded address Geographic owners municipal and parcel Information partners description System Data Financial Staff, Staff, Retained for Names and Services — vendors and Auditor six years after addresses Accounts residents current year of of vendors Payable and using County transaction and those Receivable services using County services for purposes of bill payment Financial Staff and Staff Retained for Name, Services — Members of six years after address, Staff payroll Council expiration of SIN number current year and deduction information for purposes of issuing wage payments Financial Business Staff Retained for Business Should a formal Services — officials six years from contact contract or Tender and and/or date of information agreement be issued, Request for owners submission and pricing information will be Proposal and destroyed information managed as part of Files following year for bid Code L04 — Contracts evaluations and Agreements Under Seal d Bank Title Individuals in Primary Retention and Types of Retention and Legal and Location Banks Users Disposition Information Authority - Notes and Uses Financial County Staff Retained until Name, Copy only for Services — property superseded address, roll reference purposes. Tax owners number and Original document Assessment amount of maintained by local Roll tax municipality assessed Human County Staff Retained for Employee's Resources — employees, six years from work Employee students and date of last history, Files volunteers employment evaluations, attendance, benefits, pension Long -Term Residents of Staff, 10 years from Care File contents Care / Homes the County's chief date of death provided for managed under — Resident three long- medical or discharge. residents, Personal Health Files term care officer medical Information homes notes, Protection Act family information Long -Term Program Staff Retained for Name, Information is Care / Homes participants five years after address managed in — Adult Day last and partnership with the Program participation payment City of St. Thomas information for participants Library Cardholders of Staff Retained Name, Services — the Elgin permanently if address, Patron County Library active; inactive borrowed Database system users materials, discarded after fines two years d Bank Title and Location Individuals in Banks Primary Users Retention and Disposition Types of Information and Uses Retention and Legal Authority - Notes Archives — Names of Staff Information Names, Accession collection retained addresses Register donors permanently and description of material donated Museum — Names of Staff Information Names, Accession collection retained addresses Register donors permanently and description of material donated Request Form LEI I cler dw f Jve'dlon I d 'P/'Iqfoo 'malid"on a I ul I In') I eclino I of Pri I aell ° A cr Municippi,d F) cedenn Ito I J Prove Iron v Please Ncilc:.,A $5.001 applicalion fee is requiied for all access requo"'As. Request for. Accc�s to ( ieneral Records Access to Own, PcE-,,on,,.d Itil'onnalion Conr cclion to Ch% 11 Pasomd 111fim-niation Nanic oftustilution request made to: 11 I"Juest i'; tor access to, or Correction Of own pen"Onal allonnakioll recvE:d'w" Last nanic appearing (,)it rccords': sank as behm. our f " 1 Mr. ( I Mrs. 1, 1 Ms. f J mk� hrsi Name: Address: (Street Ajx. No., N), Box RA. No) -1-C1q)h0Ix Number (Dav)� ( I ast Name: Middle Name� City I'Inui: Postal Code: Telephone Number(Lvcning), ( Detailed desaiption per"onal Lit, jyjjj)fjIjajtjOjj to ire C(pjt,cCjCd. (Ifyou anrques, rWce'Yto III' con-cction ofyou,i persumd ink'Innafion. please identify 1he persoll"d infilrulation bank or conl,.'liviq lcr ol I i I I I 'k ) I' I I It I I k ) 11 rlki I ('n I I N- e ) , IV a4 jr, , I i, L i,th, � , me: I I Yvm :)re reqnQxImp a ccn comn 1) V'ir n fl o c 1w desirM conLedionmod it lippropiviic, awich mw m &'Climemarwil Noll win be ijokfied 0 [lie cmiccw)V9 i,, nM node ajid You niny red une I IvIL a MaVicaleni M be "iftached to %'OM m[l6nnalic'n Preferred 111villod I "I Exanlinc I57rie'inall �ifll[IMLWC- of access I o records: Recel For hil""wistion IJSC Only ]),I te Recci n c& Request Nkunbcr: flavinflil M(C"rux1fimi cowaWod fin Vhk f6m, I& colleved pur"maw w, rile 1"reedom of t"thrmiliml wM PI'm""Cgiom M'PI'Lunc % r AcVNhwicipM Freed')m Cifj h1f,mil Inticill orld N%mecliml (it PfKacy Acr slid %%'[it he med Am the Inupose of vaqpondiiig do b)w requm i)iiesfimv, abcww flIk crrdte d1r^mr "halfld be dkee, aid 10 [lie Free&nl d WIbnj),b,L,j)rpard PjV%',"jC%' ( O_,vdh)mc'r al 1he ktuvullon %vhere Ow reflues'r Ii; Elvick, 1 REPORT TO COUNTY COUNCIL FROM: Brian Lima, General Manager of .......... f Engineering, Planning & Enterprise / Deputy CAO '. ... Pr ogfres ive by Nature Mike Hoogstra, Manager of Procurement & Risk DATE: April 12, 2023 SUBJECT: Culvert Rehabilitations (Tender No. 2023- T11) and Bridge and Culvert Repairs (Tender No. 2023-T12) -Tender Awards RECOMMENDATIONS: THAT Hornblower Earthboring Inc. be selected to complete Culvert Rehabilitations on various roads, Tender No. 2023-T11 at a total price of $1,115,300.00 inclusive of a $50,000 contingency allowance and exclusive of H.S.T.; and, THAT Weathertech Restoration Services Inc. be selected to complete Bridge and Culvert Repairs on 17 structures, Tender No. 2023-T12 at a total price of $1,604,951.50 inclusive of a $250,000 contingency allowance and exclusive of H.S.T.; and, THAT the Warden and Chief Administrative Officer be directed and authorized to sign the contracts. INTRODUCTION: As part of the 2023 Capital Budget, two (2) tenders were advertised and issued as per the County's Procurement Policy for Culvert Rehabilitations on seven (7) sections of county roads and Bridge and Culvert Repairs on seventeen (17) structures located throughout the County. DISCUSSION: Culvert Rehabilitations (Tender No. 2023-T0111 A tender for Culvert Rehabilitation was issued on March 3. Seven (7) sections of county roads will have culverts rehabilitated in advance of proposed future road rehabilitation work. The following roads are included in the 2023 project: 1. County Road 16 (Fingal Line) between Currie Road and Iona Road Page 48 of 133 K 2. County Road 20 (Union Road) between Fingal Line and Smith Road 3. County Road 24 (Dexter Line) between Quaker Road and Yarmouth Centre Road 4. County Road 36 (Quaker Road) between Highway 3 and Sparta Line 5. County Road 45 (John Wise Line) between Imperial Road and Springwater Road 6. County Road 47 (Putnam Road) between Avon Drive and Lyons Line 7. County Road 48 (Lyons Line) between Imperial Road and Pigram Road A total of ten (10) contractors downloaded tender documents for this project from the County's bidding system V s.�� I,...i.nu�. Four (4) contractors submitted electronic bids for this tender which closed on March 24, 2023. Bids were received as follows: Company Bid Price' (exclusive of HST) Hornblower Earthboring Inc. $1,115,300.00 Gillier Drainage Inc. $1,145,375.23 Gary D. Robinson Contracting Ltd. $1,353,400.00 2274084 Ontario Ltd. o/a GMP Contracting $1,441,854.34 ' Inclusive of a $50,000 contingency allowance. Hornblower Earthboring Inc. submitted the lowest compliant bid for the project at a total price of $1,115,300.00 exclusive of HST. Bridge and Culvert Repairs (Tender No. 2023-T12) A tender for Bridge and Culvert Repairs was issued on March 13. Seventeen (17) bridges and culverts will be rehabilitated this year. A location map is shown below. Page 49 of 133 K A total of fourteen (14) contractors downloaded tender documents for this project from the County's bidding system, Only one (1) contractor submitted an electronic bid for this tender which closed on April 4, 2023. The sole bid was received as follows: Company Bid Price' (exclusive of HST) Weathertech Restoration Services Inc. $1,604,951.50 ' Inclusive of a $250,000 contingency allowance. Weathertech Restoration Services Inc. submitted the sole compliant bid for the project at a total price of $1,604,951.50 exclusive of HST. FINANCIAL IMPLICATIONS: Culvert Rehabilitations (Tender No. 2023-T011) The approved 2023 Capital Budget allocated $1,550,000 for culvert rehabilitations. Sufficient project funds exist to accommodate the low bid received for this project. The following summary of projected estimated costs is provided for review and will be confirmed throughout the project: Culvert Rehabilitations Tender Value Net HST (1.76%) Total Projected Costs' 2023 Capital Budget Allocation Forecast Budget Surplus/(Deficit) ' Inclusive of a $50,000 contingency allowance. Bridge and Culvert Repairs (Tender No. 2023-T12) $ 1,115, 300.00 $ 19,629.28 $ 1,134,929.28 $ 1,550,000.00 $ 415,070.72 The approved 2023 Capital Budget allocated $1,820,000 for bridge and culvert repairs. Sufficient project funds exist to accommodate the sole bid received for this project. The following summary of projected estimated costs is provided for review and will be confirmed throughout the project: Bridge and Culvert Repairs Tender Value Net HST (1.76%) Total Projected Costs' 2023 Capital Budget Allocation $ 1, 604, 951.50 $ 28,247.15 $ 1,633,198.65 $ 1,820,000.00 Page 50 of 133 E Forecast Budget Surplus/(Deficit) $ 186,801.35 Inclusive of a $250,000 contingency allowance. Anticipated projected surplus' will be used to offset the anticipated deficit in the Phillmore Bridge Rehabilitation project. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin ® Ensuring alignment of ❑ Planning for and current programs and services with community need. ❑ Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. facilitating commercial, industrial, residential, and agricultural growth. ❑ Fostering a healthy environment. ❑ Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: Investing in Elgin ® Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. Elgin's local municipal partner staff have been provided the details regarding the County's 2023 road projects. COMMUNICATION REQUIREMENTS: A weekly capital project update will be circulated to Elgin's local municipal partners and elected officials to advise them of the following weeks anticipated works. CONCLUSION: Tenders for capital projects on County roads were issued and received for Culvert Rehabilitations and Bridge and Culvert Repairs. Work on these projects is expected to commence in May with completion anticipated to be achieved by the end of December. As per the County of Elgin's Procurement Policy, if change orders are required and the cost increases above the tender amount approved by Council by less than 10%, and the amount is within the overall budgeted project amount, work will proceed upon authorization by the Director. However, if the cost increases above the tender amount Page 51 of 133 61 approved by Council by more than 10%, the Director will prepare a further report to Council outlining the expenditures. All of which is Respectfully Submitted Brian Lima General Manager of Engineering, Planning & Enterprise / Deputy CAO Mike Hoogstra Manager of Procurement & Risk Approved for Submission Julie Gonyou Chief Administrative Officer Page 52 of 133 1 REPORT TO COUNTY COUNCIL FROM: Brian Lima, General Manager of .......... f Engineering, Planning & Enterprise / Deputy CAO '. ... Pr ogfres ive by Nature Mike Hoogstra, Manager of Procurement & Risk DATE: April 19, 2023 SUBJECT: Granular Road Shouldering (Tender No. 2023-T15) - Tender Award RECOMMENDATIONS: THAT D&D Trucking and Construction Service Inc. be selected to complete Granular Road Shouldering on various roads, Tender No. 2023-T15 at a total price of $502,500.00 exclusive of H.S.T.; and, THAT the Warden and Chief Administrative Officer be directed and authorized to sign the contract. INTRODUCTION: As part of the 2023 Capital Budget, a tender was advertised and issued as per the County's Procurement Policy for Granular Road Shouldering on three (3) sections of county roads. DISCUSSION: A tender for Granular Road Shouldering was issued on March 29. Three (3) sections of county roads will have granular road shouldering completed with a self-propelled shouldering machine. The following roads are included in the 2023 project: 1. County Road 16 (Fingal Line) between Iona Road and Fingal (5.75 km) 2. County Road 20 (Union Road) from Thomas Road to Fingal and from Shedden to Highway 401 (11 km) 3. County Road 74 (Belmont Road) from Highway 3 to Belmont (11.5 km) A total of three (3) contractors downloaded tender documents for this project from the County's bidding systemV„ s.��inq„. Two (2) contractors submitted electronic bids for this tender which closed on April 18, 2023. Page 53 of 133 K Bids were received as follows: Company Bid Price (exclusive of HST) D&D Trucking and Construction Service Inc. $502,500.00 J-AAR Excavating Limited $562,150.00 D&D Trucking and Construction Service Inc. submitted the lowest compliant bid for the project at a total price of $502,500.00 exclusive of HST. FINANCIAL IMPLICATIONS: The approved 2023 Capital Budget allocated $617,000 for granular road shouldering. Sufficient project funds exist to accommodate the low bid received for this project. The following summary of projected estimated costs is provided for review and will be confirmed throughout the project: Granular Road Shouldering Tender Value $ 502,500.00 Net HST (1.76%) $ 8,844.00 Total Projected Costs $ 511,344.00 2023 Capital Budget Allocation $ 617,000.00 Forecast Budget Surplus/(Deficit) $ 105,656.00 The anticipated budget surplus will remain within the County's capital budget and may be used to offset other potential capital budget pressures with Council's approval. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin ® Ensuring alignment of ❑ Planning for and ® Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, resources, and need. and agricultural growth. infrastructure to deliver ❑ Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. ❑ Fostering a healthy environment. ❑ Enhancing quality of place. programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. Page 54 of 133 INICIPAL PARTNER IMPACT: Elgin's local municipal partner staff have been provided the details regarding the County's 2023 road projects. COMMUNICATION REQUIREMENTS: Project sign boards will be installed at each project location in advance of all roadworks. A weekly capital project update will be circulated to Elgin's local municipal partners and elected officials to advise them of the following weeks anticipated works. CONCLUSION: A tender for a capital project was issued and received for Granular Road Shouldering. D&D Trucking and Construction Service is the recommended contractor. Work is expected to commence in late May with completion anticipated to be achieved by the end of July. As per the County of Elgin's Procurement Policy, if change orders are required and the cost increases above the tender amount approved by Council by less than 10%, and the amount is within the overall budgeted project amount, work will proceed upon authorization by the Director. However, if the cost increases above the tender amount approved by Council by more than 10%, the Director will prepare a further report to Council outlining the expenditures. All of which is Respectfully Submitted Brian Lima General Manager of Engineering, Planning & Enterprise / Deputy CAO Mike Hoogstra Manager of Procurement & Risk Approved for Submission Julie Gonyou Chief Administrative Officer K Page 55 of 133 1 REPORT TO COUNTY COUNCIL FROM: Brian Lima, General Manager of .......... f Engineering, Planning & Enterprise / Deputy CAO '. ... Pr ogfres ive by Nature Mike Hoogstra, Manager of Procurement & Risk DATE: April 17, 2023 SUBJECT: Traffic Signal Modernization —Single Source Contract Award for Installation RECOMMENDATIONS: THAT Guild Electric Limited be selected to complete the installation of Wavetronix Radar Intersection Detection Systems and Universal Power Supply Systems at seven (7) traffic signal controlled intersections in accordance with Section 4.7c(iii) of the County's Procurement Policy, and; THAT the Warden and Chief Administrative Officer be directed and authorized to sign the contract. INTRODUCTION: As part of the 2023 Capital Budget, funding was approved to complete the traffic signal modernization project. A portion of the project (2 intersections) was completed in 2022 and the intersections have been upgraded with Wavetronix radar traffic sensors and universal power supply systems (battery backup). The 2023 project will complete the modernization of the remaining seven (7) traffic signal locations throughout the County. It should be noted that the intersection of Highbury Avenue and Ron McNeil Line has been removed from this project as responsibility for this intersection was recently transferred to the City of St. Thomas. The list of seven (7) intersections is attached as Schedule A. DISCUSSION: In 2022, the County issued a Request for Proposal (RFP) for the supply of Traffic Signal Modernization equipment. County Council approved the award of the contract to Fortran Traffic Systems Inc on June 28, 2022. The contract included the option to renew the contract for up to five (5) years if necessary. The equipment was recently ordered and is expected to arrive in approximately six weeks. Page 56 of 133 K tion of the systems at two intersections in 2022 was completed by Guild "..., ., ,. County's current contractor that provides emergency and routine maintenance on all traffic signals, flashing beacons and street lights. The County partners with the County of Middlesex on this cooperative maintenance contract and the term expires at the end of 2024. The work completed last year was based on a time and materials basis as the extent of the exact work was unknown. The equipment was installed successfully and the costs were well within the County's estimates. Staff is requesting that County Council approve a single source contract award to Guild Electric, to complete the remaining seven (7) intersections. The cost per intersection is estimated to be $9,700 for a total contract amount of $65,800. The County's Procurement Policy allows for non-competitive, single source purchases of goods and services provided there are valid and sufficient reasons. Section 4.7c(iii) states "The procurement may be conducted using a Single Source process if there is a need for compatibility with goods and/or services previously acquired or the required goods and/or services will be additional to similar goods and/or services supplied under an existing contract". The County's current traffic signal maintenance contract is recommended to be extended to include this work. Guild Electric has been the County's traffic signal maintenance contractor since 2016 and has extensive knowledge with working on our infrastructure. FINANCIAL IMPLICATIONS: The approved 2023 Capital Budget allocated $400,000 to complete the traffic signal modernization project. Sufficient project funds exist to accommodate the single source contract award to Guild Electric. The following summary of projected estimated costs is provided for review and will be confirmed throughout the project: Traffic Control Modernization Equipment $ 197,900.00 Installation (Guild Electric) $ 65,800.00 Contingency $ 25,000.00 Net HST (1.76%) $ 4,641.12 Total Projected Costs $ 293,341.12 2023 Capital Budget Allocation $ 400,000.00 Forecast Budget Surplus/(Deficit) $ 106,658.88 The anticipated budget surplus will remain within the County's capital budget and may be used to offset other potential capital budget pressures with Council's approval. Page 57 of 133 K ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin ® Ensuring alignment of ❑ Planning for and current programs and services with community need. ❑ Exploring different ways of addressing community need. ❑ Engaging with our community and other stakeholders. facilitating commercial, industrial, residential, and agricultural growth. ❑ Fostering a healthy environment. ® Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: Investing in Elgin ® Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ❑ Delivering mandated programs and services efficiently and effectively. Elgin's local municipal partner staff will be provided the details regarding the County's 2023 traffic signal modernization projects. COMMUNICATION REQUIREMENTS: A weekly capital project update will be circulated to Elgin's local municipal partners and elected officials to advise them of the anticipated works. CONCLUSION: As detailed above, staff is recommending a single source contract award to Guild Electric to complete the installation of equipment necessary to modernize the County's traffic signals. This single source procurement is being brought before Council for approval, as required by section 5.2(a)(iii) of the County's Procurement Policy. Work on these intersections is expected to commence in June with completion anticipated to be achieved by the end of August. Page 58 of 133 All of which is Respectfully Submitted Brian Lima General Manager of Engineering, Planning & Enterprise / Deputy CAO Mike Hoogstra Manager of Procurement & Risk Approved for Submission Julie Gonyou Chief Administrative Officer CI Page 59 of 133 Schedule A Traffic Signal Modernization — Intersection Locations Intersection Location Install Year Wellington Road (CR25) at Ron McNeil Line (CR52) 2023 Highbury Avenue (CR30) at Ferguson Line (CR48) 2023 Plank Road (CR19) at Calton Line (CR45) 2023 John Street (CR73) at Beech Street (CR53) 2023 John Street (CR73) at Progress Drive 2023 Colborne Street (CR4) at Joseph Street (CR23) 2023 Talbot Line (CR3) at Iona Road (CR14) 2023 Sunset Road (CR4) at John Wise Line (CR45) 2022 (complete) Sunset Road (CR4) at Southdale Line (CR57) 2022 (complete) Highbury Avenue (CR30) at Ron McNeil Line (CR52) Transferred to City of St. Thomas Page 60 of 133 1 REPORT TO COUNTY COUNCIL FROM: Brian Lima, General Manager of .......... f Engineering, Planning, & Enterprise (EPE) / Deputy CAO Progfresse byiv�� Peter Dutchak, Manager of Transportation Services DATE: April 11, 2023 SUBJECT: No Stopping Zone — Belmont Road RECOMMENDATIONS: THAT the report titled "No Stopping Zone — Belmont Road" from the General Manager of Engineering, Planning, & Enterprise (EPE) / Deputy CAO, dated April 11, 2023 be received and filed; and, THAT Schedule `B' of By -Law No. 20-05 be amended to include the following: 21.25 County Road #74, section A, from 50 metres south of the south property line of Borden Avenue to 130m metres south of Borden Avenue on both the west and east sides of County Road 74. INTRODUCTION: Staff has received concerns from members of the public regarding large vehicles parked on the Belmont Road (CR 74) shoulders at the south limits of the Village of Belmont to patron a business on the south west corner of Belmont Road and Borden Avenue. These stopped vehicles are obstructing sightlines from the nearby intersection of Borden Avenue and a local business across from this intersection. Staff therefore recommends the establishment of a "No Stopping" zone in this area to ensure sight lines are available to perform safe vehicular turning movements. DISCUSSION: The County has received concerns from the public regarding large vehicles stopped on the shoulders of Belmont Road, south of Borden Avenue. The stopped vehicles are obstructing sight lines for traffic wishing to enter Belmont Road from Borden Avenue and a business across from Borden Avenue. In order to ensure drivers are afforded sufficient sight distance to complete safe turning movements, staff recommends establishing a "No Stopping" zone south of the existing rail road crossing and as detailed on the attached map. Page 61 of 133 K The County's By -Law 20-05, "Being a Consolidating By -Law for the Regulation of Traffic Including Parking on County Roads", requires amending to include a definition of this section of County Road #74. The current By -Law defines "Stopping", when prohibited, as "halting of a vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or of a traffic control sign or signal". FINANCIAL IMPLICATIONS: Additional signage will be funded by the County's annual sign budget. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin ® Ensuring alignment of ❑ Planning for and ❑ Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, resources, and need. and agricultural growth. infrastructure to deliver ® Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. ❑ Fostering a healthy environment. ❑ Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. The Municipality of Central Elgin will be requested to install the new signage, funded by the County of Elgin. COMMUNICATION REQUIREMENTS: The OPP Elgin Detachment will be notified of the establishment of this "No Stopping" zone. CONCLUSION: Staff has received concerns from the public regarding large vehicles stopping on the shoulders along Belmont Road south of Borden Avenue which restricts sight lines for drivers to safely make turning maneuvers. Staff therefore recommends establishing a Page 62 of 133 K ig" zone to prohibit this activity and ensure adequate sight lines are All of which is Respectfully Submitted Brian Lima, General Manager of Engineering, Planning, & Enterprise (EPE) / Deputy CAO Peter Dutchak Manager of Transportation Services Approved for Submission Julie Gonyou Chief Administrative Officer Page 63 of 133 REPORT TO COUNTY COUNCIL r FROM: '.Progfressive by Nature ... RECOMMENDATIONS: Paul Hicks, Acting Manager of Planning Brian Lima, General Manager of Engineering, Planning, & Enterprise (EPE) / Deputy CAO DATE: April 19, 2023 SUBJECT: Central Elgin Official Plan Amendment No. 1, Part of Lot 2, Concession 2, Registered Plan 11 R-10813, Municipality of Central Elgin Applicant: Monteith Brown Planning Consultants Municipality: Municipality of Central Elgin Owner: APS with Wastell Developments Inc. File No. CE OPA 1-23 THAT the Council of the Corporation of the County of Elgin approves Official Plan Amendment No. 1 to the Official Plan of the Municipality of Central Elgin, File No. CE OPA 1-23; and, THAT staff be directed to provide notice of this decision in accordance with the requirements of the Planning Act. INTRODUCTION: The Council of the Municipality of Central Elgin has adopted an amendment to their official plan, known as Official Plan Amendment (OPA) #1 and they have subsequently forwarded the amendment to the County of Elgin for approval (see attachment). In accordance with Section 17 of the Planning Act, the Council of the County of Elgin, as "Approval Authority," is required to make a decision on the adopted amendment in which Council may approve, modify or refuse to approve the amendment. If Elgin County fails to make a decision within 120 days after the amendment is received, any person or public body may appeal to the Ontario Land Tribunal. This report is intended to provide County Council with the information required in order to make a decision on the adopted amendment. Page 65 of 133 DISCUSSION: The County of Elgin and the Municipality of Central Elgin are in receipt of an OPA (known as OPA No. 1) for the above -noted lands in the community of Port Stanley. The subject lands are currently owned by the Municipality of Central Elgin, however they were identified as surplus to the needs of the Municipality. A conditional offer of sale was agreed upon between the Municipality and Wastell Developments Inc. in December 2021 in part based on the successful redesignation of the lands. This application is subsequent to that agreement and would facilitate the development of a commercial plaza with a total gross floor area of 1,358 square metres distributed among four free standing buildings. The OPA was required to re -designate the majority of the site from `Natural Heritage' as well as a smaller portion of the site from "Commercial - Industrial" to a site -specific `Commercial — industrial' designation. The application proceeded through the standard application process including the preparation, review, and acceptance of a number of technical studies and reports, and the technical circulation to statutory review agencies. Of specific note, an Environmental Impact Statement (EIS) and Geotechnical Investigation report were prepared as part of the application to address the re -designation of `Natural Heritage' land proposed in the OPA and a Traffic Impact Statement (TIS) was prepared to address the increased development activity on the lands. A Public meeting required under the Planning Act was subsequently held, leading to the Council of the Municipality of Central Elgin adopting OPA No. 1. A corresponding application for a Zoning By-law Amendment was submitted and approved in conjunction with approval of OPA No. 1. County staff have had the opportunity to review the application under the requirements of the Planning Act, the Provincial Policy Statement, the County Official Plan, and the Central Elgin Official Plan and are satisfied that the applications meet all relevant requirements. The application is also supported by both staff and council at the Municipality of Central Elgin. FINANCIAL IMPLICATIONS: None. Page 66 of 133 ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin ❑ Ensuring alignment of current programs and services with community need. ❑ Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. Growing Elgin ® Planning for and facilitating commercial, industrial, residential, and agricultural growth. ® Fostering a healthy environment. ® Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: Investing in Elgin ❑ Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ❑ Delivering mandated programs and services efficiently and effectively. This plan will directly impact the Municipality of Central Elgin. COMMUNICATION REQUIREMENTS: The Notice of Decision will be sent to the Municipality of Central Elgin and those prescribed under the Planning Act. CONCLUSION: Based on the above analysis it is recommended that County Council approve OPA No. 1 of the Official Plan of the Municipality of Central Elgin in its entirety as the adopted amendment: • Is consistent with the Provincial Policy Statement; • Conforms to the County of Elgin, and Municipality of Central Elgin Official Plans; and • Constitutes good planning and is in the public interest. All of which is Respectfully Submitted Approved for Submission Paul Hicks Acting Manager of Planning Julie Gonyou Chief Administrative Officer Brian Lima, General Manager of Engineering, Planning & Enterprise (EPE)/ Deputy CAO Page 67 of 133 OFFICIAL PLAN of the MUNICIPALITY OF CENTRAL ELGIN AMENDMENT NO. 1 PREPARED BY THE CENTRAL ELGIN PLANNING OFFICE Page 68 of 133 THE MUNICIPALITY OF CENTRAL ELGIN The Council of the Corporation of the Municipality of Central Elgin, pursuant to Section 17(22) of the Planning Act, R.S.O. 1990, as amended, hereby enacts as follows: 1. That Official Plan Amendment No. 1 to the Municipality of Central Elgin Official Plan, consisting of the attached Schedules and Explanatory Text, is hereby adopted. 2. This By-law shall come into force and take effect on the day of the final passing thereof. Enacted and passed this 13th day of March, 2023. Clerk Certified that the above is a True Copy of By-law No. 2773 as enacted and passed by the Council of the Municipality of Central Elgin on March 13, 2023. l erk of the Mu cipality — Page 69 of 133 TABLE OF CONTENTS STATEMENT OF COMPONENTS PART A - PREAMBLE TO AMENDMENT NO. 1 1) Location 2) Purpose 3) Basis PART B - THE AMENDMENT 1) Introductory Statement 2) Details of the Amendment 3) Implementation and Interpretation PART C - THE APPENDICES Appendix I: Location Plan —Official Plan and Concurrent Implementing Zoning By-law Amendment Appendix II: Notice of Public Meeting Appendix III: Minutes of Public Meeting Appendix IV: Staff Planning Reports Appendix V: Correspondence Appendix VI: Concurrent Implementing Zoning By-law Amendment — Municipality of Central Elgin By-law No. 2774 Municipality of Central Elgin Official Plan Amendment No. 1 to the Municipality of Central Elgin Official Plan Adopted by Council — March 13, 2023 By-law No. 2773 4980 Sunset Drive _11— Page 70 of 133 STATEMENT OF COMPONENTS PART A - THE PREAMBLE - does not constitute part of this Amendment. PART B - THE AMENDMENT - consisting of the following text and map, designated Schedule "I", constitute Amendment No. 1 to the Municipality of Central Elgin Official Plan. PART C - THE APPENDICES - do not constitute part of this Amendment. The appendices (I to VI) contain the background data, technical justification and public involvement associated with this Amendment. I, Paul Shipway, Chief Administrative Officer/Clerk of the Municipality of Central Elgin, do hereby certify that the following (Part B) is a true copy of Official Plan Amendment No. 1 as adopted by the Council of the Corporation of the Municipality of Central Elgin (By-law No. XXXX). Paul Shipway Chief Administrative Officer/Clerk Municipality of Central Elgin Official Plan Amendment No. 1 to the Municipality of Central Elgin Official Plan Adopted by Council — March 13, 2023 By-law No. 2773 4980 Sunset Drive —iii— Page 71 of 133 PART A - PREAMBLE 1. LOCATION The property affected by this amendment can be legally described as Part of Lot 2, Concession 2, Registered Plan 11R-10813, Municipality of Central Elgin, County of Elgin. The location of the subject lands is shown in heavy solid lines on the Location Plan found in Appendix I to this Amendment. 2. PURPOSE The purpose of the application is to change the existing "Natural Heritage" and "Commercial - Industrial" land use designations on the subject lands to a site -specific "Commercial -Industrial" designation to a allow for a commercial development with a total gross leasable floor area of 1358 square metres. The effect of the application is the creation of a site -specific exception to the "Commercial -Industrial" policies to permit general commercial uses within the designation subject to those uses having a minimum gross leasable floor area of 125 square metres. 3. BASIS The basis of this amendment is as follows: • The Municipality of Central Elgin identified the lands at 4980 Sunset Drive as being surplus to its needs and began the process of its disposition in the Fall of 2021. A conditional offer of sale was accepted by the Municipality from Wastell Developments Inc. in December 2021 to facilitate a commercial development on the property. • Uses surrounding the subject lands are predominantly agricultural in nature to the north and commercial -industrial to the west. A portion of the property, the former Green Roof Restaurant, is designated "Commercial -Industrial" while the remainder of the lands are designated "Natural Heritage". The Port Stanley Fire Station is located to the east of the property and a treed slope to the south that is designated "Natural Heritage" and "Natural Hazard". • The applicants are proposing to redevelop the site into a commercial plaza that would include demolition of the existing vacant building on site in favour of a comprehensive redevelopment plan that would include four stand-alone commercial buildings. While some of the site -specific details of the development are currently being refined, a draft site plan has been submitted that proposes four buildings with a total gross leasable floor area of 1358 square metres and forms the basis of the proposed amendment. • While portions of the subject lands are designated for "Commercial — Industrial' use, the majority of the area is designated "Natural Heritage". An Environmental Impact Municipality of Central Elgin Official Plan Amendment No. 1 to the Municipality of Central Elgin Official Plan Adopted by Council — March 13, 2023 By-law No. 2773 4980 Sunset Drive —4— Page 72 of 133 Study was prepared by MTE that identified the extent of the actual natural heritage feature and outlined potential impacts and mitigation recommendations to support the development. A 5-metre woodland setback from the dripline of the significant woodland was recommended, however, it is noted in the study that, "the removal of one tree at the east corner and slight encroachment on the 5 m woodland setback at westernmost corner of the development may be required" and that "the loss of approximately 300 m2 from the feature will be offset by a gain of 700 m2 of naturalized area where the buffer is greater than 5 m in width". While these alterations to the feature were identified, several mitigation and compensation measures were recommended in the study that, if followed, would avoid negative impacts to the natural heritage feature and were supported to change the land use designation. • A concurrent zoning by-law (By-law No. 2774, see Appendix VI) has been submitted to facilitate the development proposal. The amendment repeals several site -specific zones that have been applied to the property since the original Yarmouth By-law, and creates a new site -specific Business Zone 3 (B3-31) zone that expands the range of permitted uses on the property compared to the general uses in the Business Zone 3 zone, provides site -specific provisions on lot depth and setbacks, requires a minimum of 98 parking spaces for the proposed use, and includes a minimum gross leasable floor area for any single use on the property. • A public meeting on the proposed amendments was held on February 27, 2023 at 6:30 p.m. virtually through Zoom Webinar and in -person in the Council Chambers at the Elgin County Administration Building, at 450 Sunset Drive, St. Thomas. A copy of the Notice of Public Meeting is found in Appendix II attached. Municipality of Central Elgin Official Plan Amendment No. 1 to the Municipality of Central Elgin Official Plan Adopted by Council — March 13, 2023 By-law No. 2773 4980 Sunset Drive —5— Page 73 of 133 PART B —THE AMENDMENT 1. INTRODUCTORY STATEMENT All of this part of the document entitled "Part B- the Amendment" constitutes Amendment No. 1 to the Municipality of Central Elgin Official Plan. 2. DETAILS OF THE AMENDMENT The Official Plan is amended as follows: Item 1: The area shown on the attached Schedule "I", and enclosed in heavy solid lines, defines the Subject Lands, and amends Schedule "G" — Community of Port Stanley - Land Use Plan to the Municipality of Central Elgin Official Plan by permitting an exception to the policies of the Official Plan for "Commercial - Industrial". Item 2: Subsection 4.4.1 (Commercial - Industrial - Policies) of the Official Plan is amended by adding the following new subsection after paragraph 4.4.1 h) and before Section 4.4.2: "4.4.1.1 (Exception — 4980 Sunset Drive) The lands known as 4980 Sunset Drive, and described as being Part of Lot 2, Concession 2, Registered Plan 11R-10813, notwithstanding subsection 4.4.1d of the Central Elgin Official Plan, general commercial uses may also be permitted, with a minimum gross leasable floor area of 125 metres squared per single use. These uses may include retail stores, pharmacy, personal and business services, general office, clinics, restaurants and other eating establishments, and fitness centre." 3. IMPLEMENTATION AND INTERPRETATION The implementation and interpretation of this Amendment shall be in accordance with the respective policies of the Municipality of Central Elgin Official Plan. Municipality of Central Elgin Official Plan Amendment No. 1 to the Municipality of Central Elgin Official Plan Adopted by Council — March 13, 2023 By-law No. 2773 4980 Sunset Drive Page 74-of 133 » \ / ƒ ` \ \ \ ` �{ \ © ©c2uj•e !e/\ aE� _ ) \0 \ ©99�§�\ \ 5y § ) :/: o | | r ® \ / ) \ y 2 W \ zz\ : 2®\\ { !;; ` »:, . \ _ $ o \ 3 § & 2 k « ! » 0 a u / : _ _ 9 2 / : ( J \ \i : §C 7 \ 2 2 ! 4 4 \ 4 3 S | < : : ::: : : : | : % _. )(�! \, | J � / § / d � - r � e:J� PART C - THE APPENDICES Appendix I: Appendix II: Appendix III: Appendix IV: Appendix V: Appendix VI: Municipality of Central Elgin Official Plan Amendment No. 1 to the Municipality of Central Elgin Official Plan Location Plan —Official Plan and Concurrent Implementing Zoning By-law Amendment Notice of Public Meeting Minutes of Public Meeting Staff Planning Report Correspondence Concurrent Implementing Zoning By-law Amendment —By-law No. 2774 Adopted by Council — March 13, 2023 By-law No. 2773 4980 Sunset Drive Page 7&-of 133 Municipality of Central Elgin Official Plan Amendment No. 1 to the Municipality of Central Elgin Official Plan APPENDIX I LOCATION PLAN Adopted by Council — March 13, 2023 By-law No. 2773 4980 Sunset Drive Page 7-7-of 133 0 a N 9 C J N y 'z - d y � � O 7 Z H W z W o N a J N m (6 a Municipality of Central Elgin Official Plan Amendment No. 1 to the Municipality of Central Elgin Official Plan APPENDIX II NOTICE OF PUBLIC MEETING Adopted by Council — March 13, 2023 By-law No. 2773 4980 Sunset Drive Page 7-of 133 PROVINCE OF ONTARIO AFFIDAVIT OF SERVICE IN THE MATTER of Section 17 of the Planning Act 1990 R.S.O., as amended, AND IN THE MATTER of an Official Plan Amendment, 4980 Sunset Road I, Delany Leitch, Deputy Clerk of the Corporation of the Municipality of Central Elgin, DO SOLEMLY SWEAR THAT: 1. The statutory requirements for giving notice of a public hearing pursuant to Section 17(17) of the Planning Act, 1990 was given on January 28th, 2023. 2. The statutory requirement for a public hearing pursuant to Section 17(17) of the Planning Act, 1990, as amended, was scheduled and held on Monday, February 27th, 2023. 3. The statutory requirement for the giving of notice of adoption pursuant to Section 17(23) was given on March 18th, 2023. AND I MAKE THIS SOLEMN DECLARATION CONSCIENTIOUSLY BELIEVING IT TO BE TRUE AND KNOWING THAT IT IS OF THE SAME FORCE AND EFFECT AS IF MADE UNDER OATH AND BY VIRTUE OF THE CANADA EVIDENCE ACT. SWORN before me at the Municipality of Central Elgin in the County of Elgin this 28th day of March, 2023 I y Leitct , Deput jerk DELANY LYNN LEITC4, Deputy Clerk �� 1cipality (a coMoTL'en�raFPg nn. orr r;diissioner for taking Affidavits in the County of Elgin in the Province of Ontario. Page 80 of 133 MUNICIPALITY OF CENTRAL ELGIN NOTICE OF AN APPLICATION AND PUBLIC MEETING CONCERNING PROPOSED OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS 4980 Sunset Drive TAKE NOTICE that: a) pursuant to Subsections 22(6.4)(a) and 34(10.7)(a) of the Planning Act, R.S.O. 1990, as amended, concurrent applications have been made by the Municipality of Central Elgin (c/o Wastell Developments Inc.) for approval of a proposed Official Plan and Zoning By-law Amendment. Access to the information and material provided under subsections (10.1) and (10.2) in support of the application is available for public access, and b) a concurrent Public Meeting, pursuant to Subsections 22(1)(b) and 34(12) of the Planning Act, R.S.O. 1990, as amended, will be held by the Council of the Municipality of Central Elgin on the 27th day of February, 2023 at 6:30 P.M. to consider amendments to the Official Plan and Township of Yarmouth By-law No. 1998. The purpose of the Public Meeting is to afford any person that attends, an opportunity to make representation with respect to the Official Plan and Zoning By-law amendment proposal. The meeting will be conducted in person in the Council Chambers, Elgin County Administration Building, 450 Sunset Drive, St. Thomas and by Zoom Webinar. Should you choose to attend by ZOOM, detailed instructions to join the Zoom meeting can be found at: hops://www.centraleigin.org/en/building-and-development/current-planning- applications.aspx The subject lands are located on the south side of Sunset Drive, have approximately 222.8 metres of frontage on Sunset Drive and are approximately 0.75 hectares (1.86 acres) in lot area (see Key Map). Municipally known as 4980 Sunset Drive, they may be legally described as Part of Lot 2, Concession 2, Registered Plan 11 R-10813, Municipality of Central Elgin, County of Elgin. The purpose of the amendments is to allow for the redevelopment of the property into a commercial plaza. The effect of the amendments would be to change the land use designation on portions of the property from "Natural Heritage" to "Commercial — Industrial' and the site - specific Business Zone 3 (hB3-32) zone to a new site -specific B3 zone to allow for a commercial development comprised of four stand-alone buildings with a total gross leasable floor area of 1358 square metres. ANY PERSON OR PUBLIC BODY may attend the Public Meeting and/or make written or verbal representation either in support of, or in opposition to the proposed Zoning By-law Amendment. If a person or public body would otherwise have an ability to appeal the decision of the Council of the Municipality of Central Elgin to the Local Planning Appeal Tribunal but the person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Central Elgin before the by-law is passed, the person or public body is not entitled to appeal the decision. If a person or public body does not make oral submissions at a public meeting, or make written submissions to the Municipality of Central Elgin before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. If you wish to be notified of the decision of the Council of the Municipality of Central Elgin on the proposed zoning by-law amendment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed Zoning By-law Amendment is available for inspection daily, Monday to Friday, 9:00 A.M. to 4:00 P.M. at the Municipal Offices and at the Central Elgin Planning Office, 9 Mondamin Street, St. Thomas. Key Map: ry Subjeykt6nds � E a DATED at the Municipality of Central Elgin, this 28th day of January, 2023. Dianne Wilson, Deputy Clerk Municipality of Central Elgin 450 Sunset Drive, 1st Floor St. Thomas, Ontario N5R 5V1 (519) 631-4860, Ext. 286 1 of 133 Municipality of Central Elgin Official Plan Amendment No. 1 to the Municipality of Central Elgin Official Plan APPENDIX III MINUTES OF PUBLIC MEETING Adopted by Council — March 13, 2023 By-law No. 2773 4980 Sunset Drive Page 8b�of 133 THE CORPORATION OF THE MUNICIPALITY OF CENTRAL ELGIN PUBLIC MEETING MINUTES Council Chambers, 450 Sunset Dr, St. Thomas ON and via ZOOM Monday, February 27", 2023 @ 6:30 p.m. PRESENT - MAYOR Mo WN 0- AN'M STAFF PRESENT: CAO / CLERK DIRECTOR OF ASSET MANAGEMENT & DEVELOPMENT SERVICES DIRECTOR OF INFRASTRUCTURE & COMMUNITY SERVICES DIRECTOR OF FINANCE / TREASURER DIRECTOR OF FIRE RESCUE SERVICES & FIRE CHIEF DRK RD;P MANAGAME I COORDINATOR LEGISLATIVE SERVICES COORDINATOR PLANNER/CEPO I [OX01222010130 I =Avd A M 0 1 ME! :4 05 1 MCI to 10 A�1111�000 5. CALL TO ORDER Mayor Andrew Sloan called the meeting to order at 6:30 p.m. He indicated that this was a public meeting as required by the Planning Act to afford any person an opportunity to make representation with respect to a Proposed Zoning By-law Amendment respecting 4980 Sunset Road. 2. DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF e Mayor asked if any member of Council had a Disclosure of Pecuniary Interest concerning thiis proposal. None was declared. 3. ITIETAOD OF ROTICE The Mayor asked the Deputy Clerk what method of notice, and when, was the notice given to the public for this meeting? Dianne Wilson, Deputy Clerk, indicated that as per requirements of the Planning Act, notice was mailed by Regular Post to every owner of land within 120 metres of the subject land and appficable agencies on January 281�1, 2023. Notice was posted to the property, notice was posted to the municipal website and notice was displayed in the weekly CE BUZZ advertisements. 4. PRESENTATION The Mayor introduced Kevin Mc0ure, Planner, CEPO, to present the draft Official Plan Amendment and Zoning By -Law Amendment. K. McClure came forward and presented slides for the proposed amendments. He stated the official plan amendment is to change the existing 'Commercial -Industrial" and "Natural Heritage" designations to a site -specific "Commercial -Industrial" designation, Kevin continued to explain the purpose of the zoning by-law amendment and stated the rezone to a site -specific Business Zone 3 (133-31) would permit the development of a commercial plaza with four stand-alone buildings that are proposed. 5. CORRESPONDENCE The Mayor asked the Deputy Clerk if correspondence has been received for this planning matter. D. Wilson indicated correspondence was received from the following: Nic6le Christy, 420 Breakwater Blvd, recommends to Council that the development also include housing units and underground parking with electric vehicle charging stations. Port Stanley Village Association voicing concern with lack of market impact study and visual impact of the development. They urge a site -specific policy of a high standard of building and landscape design which takes into the account of the character of the Village and the location of the proposed development. They also urge a holding symbol to any zoning Council adopts to, then be removed once satisfied with the building and landscape design. Jody Mlajor, 5043 Sunset Rd, expressing concerns related to the ecological impact of the proposed official plan and zoning by-law amendments given the Iprolperties proximity to wetlands, the traffic impacts of the proposed development and the potential for noise and light disruptions. 11MIRIN 111MISR"M 1 1 � 1 11 � 111 =910� 1 roffireff 6. DISCISSIMI Mayor advised that the meeting would now be open to questions from the public, for those attending who have not already submitted their concerns or comments to the Municipality. (i) The Mayor invited those attending in person who wish to speak to come forward to the podium ask that they state their name and address for the record prior to asking their question. (ii) The Mayor stated that if you are listening on your computer, tablet or smart phone, please click the "raise hand" icon and if you have called into the meeting using a telephone, please dial *9. The questions will be taken in a sequential order. When given the opportunity to speak, please provide your name and address for the record". At this time, I ask that all participants be respectful to members of council and municipal staff as you ask your questions. Those choosing to be disrespectful will be removed from the meeting. Julian Novick, Wastell Developments Inc, came forward to address the public concerns of the building design of the proposed development. He stated that they are committed to create a gateway feature coming into Port Stanley. He stated that the design will not be a 'cookie cutter' design and that the intention is I _MM 2=05, -- I 14' ME I vevemwayare; V9 Pmw ed work have been applied to achieve the coastal appearance. He concluded that the proposed buildings range from 3,000 - 5,000 square feet each which are d I th smaller then a typical biig-box commercial building. Mayor Sloan asked Julian, if one of the buildings would have a drive-thru. Julian confirmed that one of the four proposed' buildings will have a drive-thru. (iv) The Mayor asked , Susie Cardoso, Legislative Services Coordinator, if there was any mernber of the public attending by ZOOM that wished to speak. S. Cardoso indicated there were no aftendees via ZOOM wishing to speak. (v,) The Mayor asked if there were any members of Council or staff wishing to speak. At this time, the Mayor inquired if there were any further comments or questions. No further comments or questions came forward, ADJOURNMENT The Mayor advised that everyone have been given a fair opportunity to be heard, if there are no further questions, please be advised that any person wishing further information on the actions of Council regarding the passing of a by-law on the proposed amendment, should email Dianne Wilson @Those in c - ltA-tm attendance wishing further information can sign the hearing afteindance sheet located on the podium. If you do not have access to a computer and wish to be notified, please call Dianne Wilson @ 519-631-4860 ext 286 and provide your information. He indicated that the public meeting was concluded and Council will weconsideration ,#,f the by4aw until a subsequent meeting of Council. The meeting was adjourned ... p.m. Susie Cardoso Municipality of Central Elgin Official Plan Amendment No. 1 to the Municipality of Central Elgin Official Plan APPENDIX IV STAFF PLANNING REPORT Adopted by Council — March 13, 2023 By-law No. 2773 4980 Sunset Drive Page Wof 133 THE, MUNICIPALITY OF CENTRAL ELGIN REPORT TO COUNCIL REPORT NO. CEP.02.22 CEPO FILE NO. Y2-05-23 TO Mayor & Members of Council FROM Kevin McClure, Planner SUBJECT Applications to Amend the Municipality of Central Elgin Official Plan and the Township of Yarmouth By-law 1998 — 4980 Sunset Drive — Municipality of Central Elgin (c/o Wastell Developments Inc.) DATE January 25, 2022 RECOMMENDATION THAT Report CEP.02.23 be received; AND THAT direction be given by Council to prepare site -specific draft amendments to the Municipality of Central Elgin Official Plan and the Township of Yarmouth Zoning By-law for the proposed industrial -commercial uses on lands located at 4980 Sunset Drive, which may be legally described as Part of Lot 2, Concession 2, Registered Plan 11 R-10813, Municipality of Central Elgin, County of Elgin; AND FURTHER THAT a date for a public meeting be established in accordance with Ontario Regulation 543/06 and 545/06 as amended. REPORT The Municipality of Central Elgin identified the lands at 4980 Sunset Drive as being surplus to its needs and began the process of its disposition in the Fall of 2021. A conditional offer of sale was accepted by the Municipality from Wastell Developments Inc. in December 2021. The applicants, as prospective purchasers of the lands, approached Planning Office staff with a proposal to provide for a range of commercial uses on the property. A consultation meeting was held with the applicants, staff from the Central Elgin Planning Office, the Municipality of Central Elgin and the County of Elgin, and the Kettle Creek Conservation Authority on January 24, 2022. Through the consultation process, it was determined that Official Plan and Zoning By-law amendment applications would be required, as well as Site Plan Control. Page 87 of 133 Staff have reviewed the application and documentation provided by the applicant and are satisfied that the application is complete relative to the requirements of Subsections 21(4), 21(5), 34(10.1) and 34(10.2) of the Planning Act, R.S.O., 1990 as amended. In accordance with Subsection 4.1(d) of By-law 1864, the applicant has been notified that the application is considered complete. ANALYSIS: 1) Location: The subject lands are located on the south side of Sunset Drive, has approximately 222.8 metres of frontage on Sunset Drive and are approximately 0.75 hectares (1.86 acres) in lot area (see Location Map). Municipally known as 4980 Sunset Drive, they may be legally described as Part of Lot 2, Concession 2, Registered Plan 11R-10813, Municipality of Central Elgin, County of Elgin. Uses surrounding the subject lands are predominantly agricultural in nature to the north and commercial -industrial to the west. A portion of the property, the former Green Roof Restaurant, is designated "Commercial - Industrial" while the remainder of the lands are designated "Natural Heritage". The Port Stanley Fire Station is located to the east of the property and a treed slope to the south that is designated "Natural Heritage" and "Natural Hazard". 2) Proposal: The applicants are proposing to redevelop the site into a commercial plaza that would include demolition of the existing vacant building on site in favour of a comprehensive redevelopment plan that would include four stand-alone commercial buildings. While some of the site -specific details of the development are currently being refined, a draft site plan has been submitted (attached) that proposes four buildings with a total gross leasable floor area of 1358 square metres and forms the basis of the proposed amendments. 3) Existing Policies/Regulations: a) 2020 Provincial Policy Statement: The subject lands are within a "settlement area" as defined by the 2020 Provincial Policy Statement (PPS). Subsection 1.1.3 of the PPS provides that, settlement areas shall be the focus of growth and development, and that the land use patterns within settlement areas are based on densities and a mix of land uses which efficiently use land and resources and are appropriate for, and efficiently use, the infrastructure that is available. Page 88 of 133 Further, subsection 1.1.1 speaks to promoting efficient development and land use patterns which sustain the financial well-being of the province and municipalities over the long-term; accommodate an appropriate range and mix of employment (including industrial and commercial); avoiding development and land use patterns which may cause environmental or public health and safety concerns; and promoting transit -supportive development, intensification and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. The proposed use reflects an appropriate use of land and mix of commercial uses on full municipal services within the settlement area of Port Stanley and would be further supported by subsection 1.6.6.2 of the PPS that provides that municipal sewage and water services are the preferred form of servicing for settlement areas. The subject lands abut Sunset Drive which is a County road. Subsection 1.6.7 of the PPS speaks to transportation systems and that they should be provided in a safe and energy efficient manner that facilitate the movement of people and goods, and are appropriate to address projected needs. A Transportation Impact Study by Paradigm Transportation Solutions Limited was prepared in support of the application. As part of the consultant's conclusions, it was determined that a westbound left -turn lane with 40 metres of storage is warranted based on the forecast traffic conditions. Staff have received confirmation from the County of Elgin that they do not have any concerns with respect to access on to Sunset Drive subject to the recommendations in the TIS being implemented. While portions of the subject lands are designated for "Commercial — Industrial" use, the majority of the area is designation "Natural Heritage" and the policies of Section 2.1 of the PPS on natural heritage would apply. Subsection 2.1.5 states that development and site alteration shall not be permitted in significant woodland or significant wildlife habitat unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. In addition, subsection 2.1.8 provides similar direction where development is to occur on adjacent lands to a natural heritage feature or area. The majority of the parcel of land is designated "Natural Heritage", however, an Environmental Impact Study was prepared by MTE that identified the extent of the actual natural heritage feature and outlined potential impacts and mitigation recommendations to support the development. A 5- metre woodland setback from the dripline of the significant woodland was recommended, however, it is noted in the study that, "the removal of one tree at the east corner and slight encroachment on the 5 m woodland setback at westernmost corner of the development may be required" and that "the loss of approximately 300 mz from the feature will be offset by a gain of 700 mz of naturalized area where the buffer is greater than 5 m in width". While these alterations to the feature were identified, several mitigation and compensation measures were recommended in the study that, if followed, would avoid negative impacts to the natural heritage feature. Subsection 3.1.1 of the PPS speaks to natural hazards and provides that development shall generally be directed to areas outside of hazardous sites. A Geotechnical Investigation report by LDS Consultants Inc. supported the proposal subject to implementing several recommendations. One of the recommendations included that a 6-metre planning setback be applied from the base of the slope. The parcel fabric that was created as part of the agreement of purchase and sale between the Municipality and Wastell Development Inc. ensures that this recommendation is implemented as, Part 3 of the registered plan (attached), will remain in municipal ownership and no development will be permitted within this setback. The Kettle Creek Conservation Authority has also advised that it was satisfied that the proposed development was consistent with the natural Page 89 of 133 hazard policies of the PPS and Conservation Authority regulations. Further, prior to any construction, site grading, or removal/placement of fill material on the property, KCCA permit will be required. Given the information noted above, it is my opinion that a decision to approve the applications would be consistent with the policies of the PPS. b) County of Elgin Official Plan: The subject lands are designated as "settlement area" within the County of Elgin Official Plan. The Community of Port Stanley is categorized as a Tier 1 Settlement Area and is intended to be one of the settlements where new growth is to occur. Section 131 of the County's Official Plan indicates that, in settlement areas in Elgin County, there is a concentration of development and mix of permitted land uses including a variety of housing types, commercial and employment uses, institutional uses, community and recreational facilities, and open space. Subsection C1.1.2 sets out specific policy direction and objectives for commercial development in settlement areas. These include, "encourage commercial development that will provide a full range of goods and services, at appropriate locations, to meet the needs of the County's residents, employees and businesses" and, "promote the efficient use of existing and planned infrastructure by creating the opportunity for various forms of commercial and residential intensification, where appropriate". While not designated "commercial" in the Municipality of Central Elgin Official Plan, the "Commercial -Industrial" designation is contained within the Commercial land use designation section of the OP. As such, the proposed use would be in keeping with the County direction on Commercial areas. The County of Elgin identifies "woodlands" on the subject lands on Appendix #1 — Natural Heritage Features and Areas in its Official Plan. The proposal requires portions of the lands to be redesignated from "Natural Heritage" to allow for the commercial use. Section D1.2 of the Official Plan speaks to natural heritage and states that the County shall recognize and protect natural heritage features and areas in the County with the local municipalities having the policies in local Official Plan to protect those features and areas. As per the identification within the County's Official Plan, the feature would be considered a "Significant Woodlands" as per the policies in subsection D1.2.2.1. Development and site alteration within or adjacent to a natural heritage feature may only occur in accordance with the policies provided within Subsection D1.2.6 and D1.2.7. Consistent with the PPS direction on natural heritage, these policies provide that development and/or site alteration shall only occur where it has been demonstrated through an EIS that there will be no negative impacts on the natural heritage feature or their ecological functions. As was provided in the PPS section of the report, an Environmental Impact Study prepared by MTE Consultants concluded that the proposed development would not have any negative impacts on the natural heritage feature if the recommendations in the report were followed. The subject lands are adjacent to an identified erosion hazard, as such, subsections D3.4 and D3.5 would apply. These sections provide that development shall be directed to areas outside of the erosion hazard limit with subsection D3.5 building upon this by stating that development shall also be sufficiently setback from the top of bank. While the policy does not specifically speak to setbacks from the toe of the slope, a toe erosion setback has been consistently applied to development proposals in Port Stanley given the recommendations that have be received historically through geotechnical reports in the area. To address these policy sections, a Geotechnical Investigation report by LDS Consultants Inc. was prepared to the satisfaction of the Page 90 of 133 Municipality and the Kettle Creek Conservation Authority subject to recommendations be included within the development agreement. This includes a proposed 6-metre erosion setback from the toe of the slope. All development will be directed outside of the identified erosion hazard. Through Section E4, the County of Elgin acknowledges that it does not fund or maintain sanitary sewer or water systems in the County, as such, it only provides that it encourages new development to proceed on full municipal services. The proposed development will be on full municipal services. Sunset Drive is a County road would be subject to the policies in Section E5.4. As per the Transportation Impact Study by Paradigm Transportation Solutions Limited, certain road improvements were identified as being warranted based on the development proposal. The applicant has been in discussion with the County on its requirements to facilitate proper traffic flows and Staff has received confirmation that the County does not have any concerns with respect to access subject to the recommendations in the TIS being implemented. Given the information noted above, it is my opinion that a decision to approve the applications would conform to the policies of the County of Elgin Official Plan. c) Official Plan Policies: The subject lands are located within the "Urban Settlement Area" designation in accordance with Schedule "A" — Land Use Plan, and further designated "Commercial - Industrial' and "Natural Heritage in accordance with Schedule "G" — Community of Port Stanley, Land Use Plan, to the Municipality of Central Elgin Official Plan. Urban settlement areas are to provide the major focus for sustainable urban development activity in the municipality. This includes commercial uses to serve the needs of the residents of Central Elgin, and to encourage a compact urban form and mix of uses that support cost effective and sustainable utilization of infrastructure and public services. Subsection 3.1 provides policy direction on Natural Heritage with the goal of protecting natural heritage and biological features of significance, and to protect and maintain existing natural heritage corridors and linkages. Subsection 3.1.1.2 Woodland Policies acknowledges that the boundaries of the woodlands shown on Schedule "A2" to the plan have been established through interpretation of aerial photography. Further, these features are designated as "Natural Heritage" on the land use schedules and they may contain or be contained within other natural heritage features. Recognizing that these features and designations have generally been established through a desktop exercise, there are policies that allow for refinement and confirmation of boundaries through an area specific Issues Scoping Report and/or Environmental Impact Study Report. Of note, development within or adjacent to woodlands is to be carried out in a manner that encourages the conservation, protection, and management of woodlands. In addition, subsection 3.1.2 Adjacent Lands speaks to development or site alteration within 120 metres of an area designated as "Natural Heritage" and that the proponent shall demonstrate to the satisfaction of the Municipality that there will be no negative impacts to the natural features and/or functions. As has been provided in the report, the applicant prepared an Environmental Impact Study that defined the limits of the natural heritage feature and provided recommendations to allow for the redesignation of the lands to allow for the commercial proposal. While the study does acknowledge "the removal of one tree at the east corner and slight encroachment on the 5 m woodland setback at westernmost corner of the development may be required" and "the loss of approximately 300 mz from the feature will be offset by a gain of 700 mz of naturalized area where the buffer is greater Page 91 of 133 than 5 m in width", the study concluded that there would be no negative impacts on the feature itself or its ecological functions if the recommendations were followed. Subsection 3.2.1 speaks to natural hazards and provides policy direction for those lands identified as "Natural Hazard" in the Official Plan. Subsection 3.2.1 b) acknowledges that there are areas where a natural hazard use overlaps with the limits of another use. In these instances, the policy provides that the uses permitted in the Natural Hazard designation shall be the same as those permitted in the underlying land use designation, subject to the policies of this Plan. Subsection 3.2.1 d) further provides direction related to development or site alteration proposed on lands adjacent to the natural hazard designation. In these instances, the site -specific limits of the natural hazard are to be determined through relevant studies prepared by a qualified professional to the satisfaction of the Municipality and the conservation authority having jurisdiction in the area. A Geotechnical Investigation report by LDS Consultants Inc. was prepared to the satisfaction of the Municipality and the Kettle Creek Conservation Authority to support the development. Further, the buffer lands that were recommended to be provided from the toe of the slope will be maintained under municipal ownership and naturalized. The westerly portion of the property is designated "Commercial — Industrial" in the Official Plan and subsection 4.3.1 would apply. This policy section provides that these uses are not to be geared towards casual pedestrian -oriented shopping activity but rather vehicle oriented single -purpose shopping trips, and land uses and building requirements that generally result in the need for single purpose-built structures for each use. Examples provided within this section of the Official Plan are automotive service, gas bars, business offices, eating establishments, etc. This would be consistent with the existing automotive service business and gas station to the west of the subject lands. Subsection 4.3.1 d) provides specific direction that "commercial uses which are more appropriate to lands designated General Commercial shall be prohibited" within the "Commercial -Industrial designation. To permit the proposed commercial development, the applicant has requested an Official Plan amendment to designate the lands "Commercial -Industrial" with a site -specific exception that would allow for uses within the "General Commercial" designations, such as retail stores, but provide a minimum gross leasable floor area of 125 square metres to not undermine the planned function of the Port Stanley commercial core. This would expand the range of commercial uses on the property but still maintain that they are geared toward the travelling public through vehicular travel and not intended to be those pedestrian -oriented commercial uses. Section 2.8 speaks to "infrastructure" which includes the transportation system, water and wastewater, waste management, and utilities. As per the Municipality's preferred hierarchy of services, the proposed development will be on full municipal water and wastewater servicing. Further, as per subsection 2.8.4 that provides direction on stormwater management, the supporting studies that were prepared to support the application did not raise any concerns based on what has been proposed. However, it is noted that the detailed design for stormwater management will be completed as part of the site plan control process. As has been provided previously in this report, Sunset Drive is a County road and Subsection 2.8.5.1.1 speaks to the road network in the Municipality. Policies direct that there will be efficient use of the transportation system, that transportation services will be planned and constructed in a manner that supports the policies of the Official Plan, and states that, "detailed policies and guidelines for the County road network are found in the County Roads Master Plan". A Transportation Impact Study by Paradigm Transportation Solutions Limited identified that certain road improvements were warranted based on the development proposal. County Staff do not have Page 92 of 133 concerns with respect to access and Staff are aware that the applicant has been in discussions with the County with respect to the recommendations provided in the TIS. Based on the information above, it is my opinion that a decision to approve the applications would conform to the policies of the Municipality of Elgin Official Plan. d) Zoning By-law No. 1998: The subject lands are within a site -specific Business Zone 3 (hB3-32) zone of the Township of Yarmouth By -Law No. 1998, as amended. The 133-32 zone only permits a motel, tourist cabins, convenience store, restaurant, gift shop, and accessory uses. A holding provision is currently in place on the property to ensure that there is demonstration of adequate uncommitted reserve sewage capacity and that a development agreement is in place. The Municipality has confirmed that there are no concerns from a servicing perspective and the applicant will be entering into a development agreement with the Municipality through the Site Plan Control approval process. To facilitate the proposed development, a zoning by-law amendment is required. The applicant has suggested the following exception to the general provisions in the Business Zone 3 regulations. • Permitted uses: hotel -motel business; convenience stores; restaurant or other eating establishments; gift shop; refreshment stand; fruit or vegetable stand; garden supply centre; automotive service station; tourist centre; business office; general office; general retail; home and auto supply store; warehouse commercial use; dry-cleaning establishment; animal clinic; medical clinic, fitness centre; pharmacy; post station; daycare. • Minimum Lot Depth of 27 metres (existing condition) whereas 61 metres is required; • Minimum Front Yard Setback of 7 metres, whereas 15 metres is required; • Minimum Side Yard Setback of 1.0 metres, whereas 3.04 metres is permitted; • Minimum Rear Yard Setback of 1.0 metres, whereas 3.04 metres is permitted; • Site -Specific Parking Requirement of 98 Parking Spaces; and, • Site -Specific Minimum Gross Leasable Floor Area of 125 metres squared per single use. Staff Comment: Official plan and zoning by-law amendments are required to support the proposed commercial uses by the applicant at 4980 Sunset Drive. The application will amend the official plan designation from "Natural Heritage" and "Commercial — Industrial' to a site -specific "Commercial — Industrial' designation and change the existing site -specific Business Zone 3 (hB3-32) zone to a new site - specific B3 zone to allow for a new comprehensive commercial development on the property. While most of the lands have historically been designated as "Natural Heritage", the supporting studies identified the extent of the feature itself and demonstrated that there would be no negative impacts on the feature or its functions as long as the recommendations of the study were implemented. Further, a geotechnical setback from the adjacent erosion hazard has been provided and will be maintained in Municipal ownership to ensure that there is no development within the hazard. Confirmation has also been received from the County of Elgin that it does not have any concerns with respect to access for the proposed development on to Sunset Drive subject to the required infrastructure improvements along Sunset Drive being constructed as per the recommendations in the Traffic Impact Study. Page 93 of 133 Based on the information noted above, it is my opinion that the proposed amendments are consistent with the 2020 Provincial Policy Statement and would conform to the County of Elgin Official Plan and the Municipality of Central Elgin Official Plan. Kevin McClure, MCIP, RPP Planner Paul Shipway CAO/Clerk Lloyd Perrin Director of Asset Management and Development Page 94 of 133 E oE� a sE E mm E E E E E c� LL _ E w= ms o m 0 �'�w RoE> u m N w �o x p o, owa az�o _ - _ o_- E C�� I1 •.. ...-..ry 1 1 I p i ON am i © a 1 (n m i onE i Z Q M j 0 Naco �• 1 H J w F ///111 U II CLW N J 1 M LU rD Q !. _ (nQ LL 1 I O I i _ 1 n„ 1 i �- 1 zs� 1 x � 1 w w i I � ; i i aoN �i i e 66 a PIR / 1 1 1 1 \ \ o rs / 1 \ -6, 1 W i z_ __; " ♦ ' 1 ` a W % Municipality of Central Elgin Official Plan Amendment No. 1 to the Municipality of Central Elgin Official Plan APPENDIX V CORRESPONDENCE Adopted by Council — March 13, 2023 By-law No. 2773 4980 Sunset Drive Page 962�of 133 CreekKettle ff'' January 11 ,2023 Attn: Kevin McClure Planner Central Elgin Planning Office 9 Mondamin Street St.Thomas, ON N5R 2T9 Email: k.lrn IIuue sti;;ti;;lrnolrmas. a .. RE: Official Plan and Zoning By -Law Amendments 4890 Sunset Road, Port Stanley Municipality of Central Elgin Dear Kevin McClure, 41015 Fr r o«j un f.ivw ';I I lmtmn�, ON N',P M h 631A70 I F 519 , 1 5026 www 4 e1lt�t'a t l �ar�,Esru i1iL�rz °m.r,ti P+ ern[ra or Cuw vvarrm ()nlai to DELIVERED BY EMAIL Staff of Kettle Creek Conservation Authority (KCCA) has reviewed the subject applications and associated lands with regard to its mandatory programs and services related to the risk of natural hazards and Source Water Protection. Specifically, KCCA has relied upon its delegated responsibility to represent 'provincial interest' on matters relating to natural hazard policies of the Provincial Policy Statement (PPS), its regulatory authority under section 28 of the Conservation Authorities Act, and its duties, functions and responsibilities as a source protection authority under the Clean Water Act, 2006. We understand that the subject official plan and zoning bylaw amendments propose to accommodate four one -storey commercial buildings with associated surface parking at 4890 Sunset Road in Port Stanley. KCCA staff have reviewed and considered the following applicable technical studies in support of the application: • Preliminary Site Plan (Monteith Brown, November 1, 2022) • Geotechnical Investigation (LDS, March 31, 2022) • Stormwater Concept Plan (Dillon Consulting, July 15, 2022) Recommendation(s): Please be advised that KCCA staff are satisfied that the proposed development is consistent with natural hazard policies of the PPS and Conservation Authority regulations. In addition, KCCA staff are satisfied that the proposed development does not pose a risk to municipal drinking water sources. Therefore, we have no objections to the approval of the proposed official plan and zoning bylaw amendments. We can also confirm that a permit will be required from KCCA prior to any construction, site grading, or removal/placement of fill material upon the subject property. We offer the following comments in support of the above recommendation(s): _....................... ................................................................ .........................page.................................... ............................. ............................. ................. ......._ nq LiL t'�� PCtar h'y.i alilrn^ CaM 'al f 9111, L,Ly c� LL�Ildor t_ LV iJ'S4 Th t inns, N!r d1,s,,,, Cad I' arr7e.� _ rnr^n, PdYtzl,�lnd^:±.fi:rvvii �( C> 'n,u9.h xv a i ,Urn'i e,hip.7 KCCA Comment(s): Natural Hazards: The following are known natural hazard features or functions associated with the subject property: 1. The subject property is located at the base of a natural slope to the southern (rear) portion of the property that may be subject to erosion hazards, including slope instability. A portion of the subject property is within adjacent lands (ie. 120m) to a provincially significant wetland — Moore Water Garden (KC5) as designated by MNRF, whereby development may potentially interfere with its hydrological function. Provincial Policv Statement (PPS): 3. KCCA staff are satisfied that the proposed development is located outside of areas subject to potential erosion hazards which is consistent with the following applicable policies of the PPS: 3.1.1 b) — Development shall generally be directed, in accordance with guidance developed by the Province (as amended from time to time), to areas outside of: hazardous lands adjacent to river, stream and small inland lake systems which are impacted by flooding hazards and/or erosion hazards. Conservation Authorities Act: 4. Please be advised that the subject property is affected by regulations of KCCA enacted under section 28 of the Conservation Authorities Act whereby development is prohibited unless written permission is granted from the Conservation Authority. The current regulation for the Kettle Creek watershed is "Ontario Regulation 181/06 — Development, Interference with Wetlands and Alterations to Shorelines and Watercourses." KCCA may grant permission for development within its area of jurisdiction if in its opinion, the control of flooding, erosion, dynamic beach, pollution or the conservation land will not be affected by the development. KCCA also regulates the straightening, changing or interfering in any way with the existing channel of a river, creek, stream or wetland. KCCA staff have reviewed the technical studies in support of the application and are satisfied that a subsequent permit can be obtained from KCCA for the associated development subject to KCCA's regulatory application requirements. Clean Water Act 2006: 6. The Kettle Creek Source Protection Area — Approved Assessment Report (May 15, 2014) provides a summary of the results of technical studies undertaken to identify the threats to municipal drinking water sources in the Kettle Creek watershed. Assessment Report findings were used to develop policies for a Source Protection Plan to protect the municipal sources of drinking water for the village of Belmont and the Elgin Area Primary Water Supply Intake. Page 98 of 133 2 of 3 1 ii: a g 7. KCCA staff are satisfied that the proposed development does not pose a risk to municipal drinking water sources as the subject property is located outside of the Elgin Area Primary Water Intake Protection Zones (IPZ) and does not contain High Vulnerable Aquifers. KCCA staff are satisfied with the recommendations within the Geotechnical Investigation to incorporate suitable measures to maintain water quality, and measures which would allow for post -development infiltration to occur as a result of the low groundwater vulnerability for an existing Significant Groundwater Recharge Area. Thank you for the opportunity to comment. If you have any questions regarding the above, please contact the undersigned at extension 226. Yours truly, KETTLE CREEK CONSERVATION AUTHORITY LI (Digitolly signed) Joseph (Joe) Gordon Manager of Planning and Development Page 99 of 133 3 of 3 1 ii.. a g February 8, 2023 Central Elgin Council and Planning Department 450 Sunset Drive Elgin County Administration Building, St. Thomas, Ontario, Canada N5R 5V1 CC: Wastell Homes, Port Stanley BIA RE: 4980 Sunset Drive Dear Central Elgin Council and Planning Department, I am pleased to see the land at 4980 Sunset Drive being redeveloped with the intent of providing more products, services and business opportunities to residents in Port Stanley and those who come to visit. However, I'd like to implore Central Elgin Council and Planning Department to make recommendations to the builder, Wastell Homes, to help facilitate a more robust plan for the land. Currently the application includes four one-story commercial buildings with ground -level, exterior parking. Housing in our region - especially affordable housing - is a key concern. Can we not look to add rental apartments and/or condominiums above the commercial enterprises? This will provide workforce housing for the new and existing businesses in Port Stanley and open residency in a 'compact urban form' to a broader range of household types, including 'singles, seniors, empty nesters, first-time buyers and younger adults who are not currently able to access homeownership' (in alignment with 2.1 and 2.3 of Central Elgin's Official Plan). Further, adding long-term rentals or a mix of long-term rental/owner-occupied residential units will provide greater year-round business for the commercial units here and in downtown Port Stanley, supporting their long-term viability. This land is within the urban settlement area outlined in the Official Plan, albeit zoned currently for commercial/industrial from what I can tell, and could help Central Elgin meet its goal of 2,300+ residential units by 2029. Intensification (as outlined in section 2.3.2) will help ensure an adequate supply of housing that is affordable to a broad range of income groups. The site meets all the requirements for'high density residential development' as outlined in section 4.2.2. Since the land is not abutting any other residential communities, there should be less concern about density, interrupted views, shading and the common community concerns that often accompany redevelopment projects. I'd also like to ask the Planning Department, Council and Wastell Homes to reconsider adding underground parking to reduce the amount of hardscaping and electric vehicle charging Page 100 of 133 stations, to meet the growing needs of residents and visitors to Port Stanley. I understand cost was the primary driver in the decision for ground -level parking in the current application, and that Central Elgin staff have already raised their own concerns with the amount of hardscaping proposed for this project. By taking the aforementioned recommendation to add high -density residential development, the cost concerns could be largely relieved. Wastell Homes has experience building underground parking (as it is the part of the Kokomo condo development), and by moving the majority of parking underground, we can preserve more green space and avoid other environmental impacts hardscaping can have. I recognize Wastell Homes has already invested significantly to develop the current plan, and as such, where Central Elgin can reduce development fees and/or the cost and time for processing, if the builder agrees to modify their plans, I encourage the municipality to do so. We have a unique opportunity to create something great, that will serve the community now and well into the future, so partnership should be a cornerstone of this project. In closing, my final recommendation is for the Planning Department, Council and Wastell Homes to think big and make the most of this unique opportunity to create something great, that will serve the community now and well into the future. Inspired and thoughtful development is what we need, and I look forward to seeing what we can deliver together. Thank you, Nicole Christy Resident 420 Breakwater Blvd, Port Stanley Page 101 of 133 APPENDIX VI CONCURRENT IMPLEMENTING ZONING BY-LAW AMENDMENT MUNICIPALITY OF CENTRAL ELGIN - BY-LAW NO. 2774 Municipality of Central Elgin Official Plan Amendment No. 1 to the Municipality of Central Elgin Official Plan Adopted by Council — March 13, 2023 By-law No. 2773 4980 Sunset Drive Page 1f02-of 133 MUNICIPALITY OF CENTRAL ELGIN BY-LAW NO. 2774 A By-law to amend Township of Yarmouth By-law No. 1998 THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CENTRAL ELGIN ENACTS AS FOLLOWS: 1. By-law No. 1290 to the Municipality of Central Elgin is hereby repealed. 2. By-law No. 112 to the Municipality of Central Elgin is hereby repealed. 3. By-law No. 3201 to the Township of Yarmouth is hereby repealed. 4. Township of Yarmouth Zoning By-law No. 1998 as amended, is further amended by adding to Section 3, which Section includes the Zoning Maps and Schedules, Schedule "A" to this By-law, which Schedule is attached to and forms part of this By-law, and such Schedule shall form part of By-law No. 1998 as amended, and shall be known as "Map Part 9(ap)", to By-law No. 1998 as amended. 5. Township of Yarmouth By-law No. 1998 as amended, it further amended by designated the area shown outlined in heavy solid lines on Schedule "A" to this By-law, as B3-31 and the provisions of subsection 10.4.1 of By-law No. 1998 as amended, shall apply to such lands, subject to the provisions of Section 3 of this By-law. 6. Township of Yarmouth By-law No. 1998 as amended is further amended by adding thereto, after subsection 10.4.2.30 and before Section 10.5 the following new subsection: " 10.4.2.31 10.4.2.31.1 Defined Area: 133-31, as shown on Zoning Map Part 9(ap). 10.4.2,31.2 Only Permitted Uses: hotel -motel business; convenience stores; restaurant or other eating establishments; gift shop; refreshment stand; fiuit or vegetable stand; garden supply centre; automotive service station; tourist centre; business office; general office; general retail; home and auto supply store; warehouse commercial use; dry-cleaning establishment; animal clinic; medical clinic, fitness centre; pharmacy; post station; daycare. 10.4.2.31.3 Lot Depth: 27 metres. 10.4.2.31.4 Front Yard: a) Buildings: 7 metres. 10.4.2.31.5 Side Yard: 1.0 metres. 10.4.2.31.6 Rear Yard: 1.0 metres. 10.4.2.31.7 Off -Street Parking: 98 Parking Spaces. 10.4.2.31.8 Minimum Gross Leasable Floor Area: 125 square metres per single use. 10.4.2.31.9 Exceptions: The provisions of subsection 10.4.1.1, 10.2.1.4, 10.4.1.7.1 a), 10.4.1.7.2, 10.4.1.7.3, and 10.4.1.8 shall not apply to the area defined in subsection 10.4.2.31. L" In anticipation of the eventual consolidation of By-law No. 1998 and all amendments to such By- law, including this amendment, Schedule `B" to this By-law is adopted, such Schedule being Map Part 9 to By-law No. 1998 as amended to include the changes made in such Schedules by all Page 103 of 133 amendments to By-law No. 1998 to date, including this amendment. READ THREE TIMES AND FINALLY PASSED, this 13"' day of Ma Delany Leitch Deputy Clerk/Records Management Coordinator Page 104 of 133 TOWNSHIP OF YARMOUTH BY-LAW NO. 1998 ZONING MAP AND SCHEDULES SECTION 3 MAP PART 9(ap) co co 0 Lo 0 a) 0) m n THIS IS SCHEDULE "A" TO BY- O 74 n PASSED THIS 1�th DAY OF/ ar 2 Delany Leit , Dep Clerk ` rew Sloan ayor TOWNSHIP OF YARMOUTH BY-LAW NO. 1998 ZONING MAP AND SCHEDULES SECTION 3 MAP PART 9 co co 0 0 a) 0) m n THIS IS SCHEDULE "B" TO BY -LA PASSED Tj 13th DAY OF M rc 202 . n Le' ch ut Clerk ndrew Sloan—Mawar- Delay , p y DECISION With respect to Official Plan Amendment No. 1 to the Official Plan of the Municipality of Central Elgin under 17(34) of the Planning Act I hereby approve all of Official Plan Amendment No. 1 to the Municipality of Central Elgin Official Plan as adopted by By-law 2773. Dated at the County of Elgin this 25t" day of April 2023. Manager of Planning, County of Elgin Page 107 of 133 '.Progfressive by Nature ... RECOMMENDATION: REPORT TO COUNTY COUNCIL FROM: Paul Hicks, Acting Manager of Planning Brian Lima, General Manager of Engineering, Planning, & Enterprise (EPE) / Deputy CAO DATE: April 19, 2023 SUBJECT: Draft Plan of Condominium Approval - 279 Hill Street, Draft Plan of Vacant Land Condominium, Part of Lot 1, Concession 2, Geographic Township of Yarmouth Applicant: Deren Lyle / Cyril J. Demeyere Limited Owner: Morgan, John, and Ada Pavia File No.: 34CD-CE2201 THAT the Council of the Corporation of the County of Elgin grants draft plan approval to the Draft Plan of Vacant Land Condominium proposed by Cyril J. Demeyere Limited. in the Municipality of Central Elgin, described under File No. 34CD-CE2201; and, THAT staff be directed to provide notice of this decision subject to the conditions for final approval in accordance with the Planning Act. INTRODUCTION: This report will provide County Council with the information required to consider granting draft plan approval to the draft Plan of Vacant Land Condominium described under File 34CD-CE2201. In accordance with Section 51 of the Planning Act, the "Approval Authority" may give or refuse to give approval to a draft plan of subdivision/condominium. County Council is the Approval Authority. DISCUSSION: The lands that are the subject of this application for draft plan approval are legally described as Part of Lot 1, Concession 2, Geographic Township of Yarmouth, in the Municipality of Central Elgin (see attached plan). The Applicant is requesting approval of a "Plan of Vacant Land Condominium" within which 27 townhouse dwelling units are Page 108 of 133 K proposed. The proposed condominium development will be fully serviced with municipal water and sewer. The subject lands are 0.81 ha (2.0 ac). The lands are located in the North Ward area of the Port Stanley Settlement Area, between East Road and Colborne Street and will be accessed directly off of Hill Street. Surrounding land uses include developed residential lands to the north, east, and south and a treed Natural Heritage area to the west. The lands are designated "Settlement Area" in the County of Elgin Official Plan and "Residential" in the Municipality of Central Elgin Official Plan, and zoned "Residential Zone 1 (R1-87)" in the Township of Yarmouth Zoning By-law No. 1998. The proposed plan of condominium and associated residential development is permitted under these designations. In terms of zoning compliance, the Municipality of Central Elgin has recently approved a Zoning By-law Amendment establishing the site -specific R1-87 zone in support of this application. Further, Staff have confirmed that adequate sanitary capacity and water supply allocations are currently available to support this development. The application was deemed "complete" on June 21, 2022 by the County of Elgin, and a statutory public meeting was held by the Municipality of Central Elgin on November 14, 2022. At the meeting, members of the public raised concerns related to the following themes: • Natural heritage, natural hazard, and the environment; • Compatibility/character of the proposal, and housing form; • Affordability and accessibility; • Financial impacts of development on the municipality; • Infrastructure concerns; • Safety and traffic concerns; and • Lack of regard for parks, trails, and open space. County Staff can confirm that the applicant prepared and submitted a Servicing and Stormwater Management Report, a Traffic Impact Statement, a Slope Assessment and Planning Justification all of which were reviewed by municipal and county Staff and/or the appropriate technical review agency. No concerns were raised through that review. Furthermore, municipal Staff addressed these concerns in a supplementary report to Council, Report NO. CEP.59.22, which was provided in December 2022. County Staff are satisfied that the matters have been appropriately addressed and there are no concerns at this time. Several submissions were received from commenting agencies requesting various conditions of approval to be considered and/or incorporated into any condominium agreement; however, no objections were outlined. Page 109 of 133 K )ality of Central Elgin passed a resolution recommending approval of the f condominium on December 12, 2022 and provided a list of recommended conditions for final approval. These conditions include a number of those requested by commenting agencies. The full list of recommended conditions for draft plan approval are attached for County Council's review. FINANCIAL IMPLICATIONS: None. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin ❑ Ensuring alignment of current programs and services with community need. ❑ Exploring different ways of addressing community need. ❑ Engaging with our community and other stakeholders. Growing Elgin ® Planning for and facilitating commercial, industrial, residential, and agricultural growth. ❑ Fostering a healthy environment. ® Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: Investing in Elgin ❑ Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ❑ Delivering mandated programs and services efficiently and effectively. This application will directly impact the Municipality of Central Elgin. COMMUNICATION REQUIREMENTS: Notice of decision is required to be provided by the County to: • the applicant; • each person or public body that made a written request to the County to be notified of the decision; • the local Municipality; • the regional director of the Ministry of Municipal Affairs and Housing Municipal Services Office responsible for the region the Ministry of Municipal Affairs and Housing, if requested; and Page 110 of 133 E ndividual or agency as prescribed on the circulation list. CONCLUSION: Based on the analysis contained in the Discussion section of this report, it is in the opinion of staff that Council may grant draft approval to the subject plan of condominium as the plan: • Is consistent with the Provincial Policy Statement; • Conforms to the policies of both County and Municipal Official Plans; and • Constitutes good planning and is in the public interest. All of which is Respectfully Submitted Paul Hicks Acting Manager of Planning Brian Lima, General Manager of Engineering, Planning, & Enterprise (EPE) / Deputy CAO Approved for Submission Julie Gonyou Chief Administrative Officer Page 111 of 133 F Z U� Q� Z LL � 00 z Z J Qp w Z a- O gz U ° H =�Z ILLpoa 0. �z Q w �U°d�UZ Q 0 0 3 Z. J$ IL W� w In O RAVINE EX. RESIDENTIAL ILL STREET File No.: 34CD-CE2201 Date of Decision: April 26, 2023 Municipality: Central Elgin Date of Notice: #### Subject Land: 279 Hill St, Port Stanley Last Date of Appeal: #### Applicant: Morgan, John, and Ada Pavia DECISION The conditions to final plan of approval for registration of this Condominium (File No. 34CD- CE2201) as provided by the County of Elgin are as follows: No. Conditions This approval applies to the draft plan of subdivision and draft plan of condominium, prepared by CJDL Consulting Engineers and certified by Kim Husted, Ontario Land Surveyor, both dated March 29, 2022. 2. This approval applies for three years, and if final approval is not given by that date, both draft approvals shall lapse, except in the case where an extension has been granted by the County of Elgin. 3. The owner enter into a site plan agreement with the Municipality of Central Elgin wherein the owner agrees to satisfy all of the requirements, financial and otherwise of the Municipality of Central Elgin concerning the installation of services including driveways, sanitary sewage collection system, water distribution system, fencing, landscaping, utilities and storm water management facilities for the development of the lands within the plan. 4. The site plan agreement be registered against the lands to which it applies. 5. The site plan agreement, where required, contain a provision prepared to the satisfaction of the municipality, regarding the phasing or timing of the development. 6. The owner provide easements as may be required for services, utility or drainage purposes in a form satisfactory to the Municipality or Utility and where required by the Municipality, daylight corners and street reserves shall be shown on the final plan and conveyed in a form satisfactory to the Municipality. 7. The entrance included in this site plan shall meet the standards of the Municipality. 8. The development commits to obtaining any necessary permits from the Kettle Creek Conservation Authority for work(s) required to be undertaken on the property that are within the KCAA's regulated area. 9. The municipality requires the implementation of the recommendations as outlined in the servicing report, Preliminary Servicing and Stormwater Management Report, 279 Page 113 of 133 File No.: 34CD-CE2201 Date of Decision: April 26, 2023 Municipality: Central Elgin Date of Notice: #### Subject Land: 279 Hill St, Port Stanley Last Date of Appeal: #### Applicant: Morgan, John, and Ada Pavia Hill Street, Port Stanley, 19084, 13 April 2021, Rev. 29 March 2022, CJDL Consulting Engineers. 10. The site plan agreement between the owner and the Municipality shall contain a provisions requiring the implementation of the recommendations of the report, Test Pit Investigation and Preliminary Slope Assessment, 279 Hill Street, Port Stanley, MTE File No.: C48121-100, prepared by MTE Consultants Dated December 15, 2020. 11. The site plan agreement between the owner and the Municipality shall contain a provision requiring the implementation of the recommendations of the report, Issues Scoping Report, 279 Hill Street, Port Stanley, prepared by Vroom and Leonard, Dated April 2022. 12. That the subdivision agreement between the owner and the Municipality contain a provision requiring: • All services, which in the opinion of the Municipality are necessary for the development of the lands within the Plan, such services being hereinafter called the "necessary services" shall be in place before the development begins; and • Notwithstanding, development may begin before all of the necessary services are in place if the Municipality is satisfied that adequate arrangements have been made to ensure that the necessary services shall be provided in a timely manner as development proceeds. Adequate arrangements shall include the passing of an area -specific development charge by-law pursuant to section 2 of the Development Charges Act, 1997 and the entering into a front -ending agreement under section 44 of such Act, which by-law and agreement relate to the necessary services. 13.That prior to final approval, the Municipality shall confirm that there is uncommitted reserve sewage and water treatment capacity to service the development. 14. That prior to final approval, no grading or other soil disturbances shall take place on the subject property prior to the Owner's Licensed Archaeologist providing a letter to the Municipality indicating that there are no further concerns for impacts to archaeological sites on the subject lands. This is to be accompanied by a Ministry of Tourism, Culture and Sport letter indicating that the licensee has met the terms and conditions for Archaeological Licensing and that the report has been entered into the Ontario Public Register of archaeological reports. 15.That the Condominium Agreement shall address the following matters, to the satisfaction of Bell Canada: Page 114 of 133 File No.: 34CD-CE2201 Date of Decision: April 26, 2023 Municipality: Central Elgin Date of Notice: #### Subject Land: 279 Hill St, Port Stanley Last Date of Appeal: #### Applicant: Morgan, John, and Ada Pavia a. The Owner acknowledges and agrees to convey any easement(s) as deemed necessary by Bell Canada to service this new development. The Owner further agrees and acknowledges to convey such easements at no cost to Bell Canada. b. The Owner agrees that should any conflict arise with existing Bell Canada facilities where a current and valid easement exists within the subject area, the Owner shall be responsible for the relocation of any such facilities or easements at their own cost. 16.That the Condominium Agreement shall address the following matters, to the satisfaction of Enbridge Gas/Union Gas: a. That the owner/developer provide to Enbridge Gas/Union Gas the necessary easements and/or agreements required by Enbridge Gas/Union Gas for the provision of gas services for this project, in a form satisfactory to Enbridge. 17.That prior to final approval of the plan of the plan of condominium, the Municipality of Central Elgin shall advise in writing how conditions 1 to 14 have been satisfied. 18. That prior to final approval of the plan of subdivision, Bell Canada shall advise in writing how condition 15 has been satisfied. 19. That prior to final approval of the plan of subdivision or plan of condominium, Enbridge shall advise in writing how condition 16 has been satisfied. Page 115 of 133 REPORT TO COUNTY COUNCIL FROM: Elgin DATE: Stephen Gibson, General Counsel Brian Lima, General Manager Engineering, Planning, and Enterprise (EPE) / Deputy CAO April 19, 2023 SUBJECT: Lease Extension Agreement —Alzheimer Society Southwest Partners / Elgin (County) RECOMMENDATIONS: It is recommended that: the within Report to Council, dated April 19, 2023, and entitled "Lease Extension Agreement — Alzheimer Society Southwest Partners / Elgin (County)", be received and filed. 2. Elgin County Council approve and authorize the Warden and Chief Administrative Officer to execute a Lease Extension Agreement between Elgin (County) and Alzheimer Society Southwest, effective May 1, 2023, and for the one (1) year Term commencing May 1, 2023, and ending April 30, 2024. INTRODUCTION: The purpose of this Report is to inform Council of the request by Alzheimer Society Southwest Partners to extend its current Lease Agreement, dated and effective May 1, 2022, for the further one (1) year Term commencing May 1, 2023 and ending April 30, 2024, as contemplated by the said Lease Agreement as well as the staff recommendation to do so. BACKGROUND AND DISCUSSION: Alzheimer Society Southwest Partners (previously Alzheimer Society Elgin — St. Thomas) has been an on -going tenant of Elgin County, within the Elgin County Administration Building, for in excess of 15 years. Page 116 of 133 2 The most recent Lease Agreement, relating to Suites 229, 232, and 237-1, for office purposes, and Suite 344, for storage purposes, became effective May 1, 2022, and, in keeping with past practice, provided for a one (1) year Term commencing May 1, 2022 and ending April 30, 2023, with a right of extension for a second lease year, commencing May 1, 2023, and ending April 30, 2024, with specified rates for Basic Rent for both lease years. Alzheimer Society Southwest Partners has delivered communication to Elgin County that it wishes to exercise its right of extension for the lease year commencing May 1, 2023 and ending April 30, 2024, at the specified Basic Rent rate of $18.62 psf for office space and $8.12 psf for storage space. At the specified rent rates, the revenue figures for Elgin County during the lease year are as follows: Category Basic Rent Rate (psf) Annual Revenue Monthly Revenue Office $18.62 $21,655.06 $1,804.59 Storage $ 8.12 $ 812.00 $ 67.67 $22,467.06 $1,872.26 FINANCIAL IMPLICATIONS: Elgin will generate rental income over the term of the lease year as set forth above. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin ® Ensuring alignment of current programs and services with community need. ® Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. Growing Elgin ❑ Planning for and facilitating commercial, industrial, residential, and agricultural growth. ® Fostering a healthy environment. ® Enhancing quality of place. Investing in Elgin ❑ Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ❑ Delivering mandated programs and services efficiently and effectively. Page 117 of 133 3 Additional Comments: None. LOCAL MUNICIPAL PARTNER IMPACT: None. COMMUNICATION REQUIREMENTS: CONCLUSION: Alzheimer Society Southwest Partners, as an existing tenant within the Elgin County Administration Building, has delivered notice of a desire to exercise its extension rights for the lease year commencing May 1, 2023 and ending April 30, 2024, at the Basic Rent rates set forth in the previous Lease Agreement. Elgin staff is content to recommend approval of the extension request and therefore seeks Council approval and authorization to execute a Lease Extension Agreement for the requested further lease year. All of which is Respectfully Submitted Stephen Gibson, General Counsel Brian Lima — General Manager, Engineering, Planning, and Enterprise (EPE) / Deputy CAO Approved for Submission Julie Gonyou Chief Administrative Officer Page 118 of 133 1 REPORT TO COUNTY COUNCIL FROM: Stephen Gibson, General Counsel Brian Lima, General Manager — Engineering, Planning, and Enterprise/ Deputy CAO DATE: April 19, 2023 SUBJECT: Elgin / Riddell —Approval of Commercial Lease — Elgin County Administration Building (Suites 223, 225, and 227) RECOMMENDATIONS: It is recommended that: 1. The within Report to Council entitled "Elgin / Riddell - Approval of Commercial Lease — Elgin County Administration Building (Suites 223, 225, and 227)" be received and filed. 2. Elgin County Council approve a new commercial Lease Agreement between Mervin L. Riddell and Elgin County in relation to Suites 223, 225, and 227 in the County Administration Building at 450 Sunset Drive, St. Thomas, Ontario, such Lease Agreement to provide for, amongst other terms, a two-year Term commencing May 1, 2023, and annual rents of $14,769.84 and $15,509.89, respectively, for the included lease years. 3. Elgin County Council authorize the Warden and Chief Administrative Officer to execute the said Lease Agreement. INTRODUCTION: The purpose of this Report is to inform Council that consensus has been reached with Mervin L. Riddell as to the terms of a new two-year commercial lease for those Premises currently occupied by Mr. Riddell, as Tenant, and, furthermore, to seek authorization for execution of the required Lease Agreement. BACKGROUND AND DISCUSSION: Background Mervin L. Riddell is a long-time commercial tenant of Elgin County within the County Administration Building at 450 Sunset Drive, St. Thomas, Ontario. 2 currently occupies Suites 223, 225, and 227 within the County Administration )m which premises he operates a law firm. The current commercial Lease Agreement expires on April 30, 2023. Consensus has now been reached for a new two-year lease, commencing May 1, 2023 and ending April 30, 2025. The leased Premises continues to include Suites 223, 225, and 227, still to be used for office purposes. The core elements of the proposed new commercial Lease Agreement include the following: (i) Term — Two years, commencing May 1, 2023 and expiring April 30, 2025. (ii) Rent — Year 1 — $18.96 psf / $14,769.84 pa / $1,230.82 pm. Year 2 — $19.91 psf / $15,509.89 pa / $1,292.49 pm (Note: All Rents expressed exclusive of taxes.) (iii) Termination — Tenant granted 60-day termination rights. (iv) Tenants Legal Liability Insurance — In accordance with arrangement implemented as of May 1, 2022, minimum Tenant Legal Liability Insurance reduced to $2,000,000.00 per occurrence. (v) Quiet Enjoyment — Continuation of specific Acknowledgement of potential interference through noise, vibration, and other consequences of current elevator improvement project, along with conditional commitment to provide similar acknowledgement in relation to other construction and installation projects within County Administration Building during Term of Lease Agreement. Discussion A consensus has been reached as to the terms and conditions of a Lease Agreement which will allow a long-time commercial Tenant to continue to occupy his current premises within the County Administration Building. Subject to new wording which expands exceptions to the Tenant's contractual right to quiet enjoyment of the Premises, the terms of the proposed Lease Agreement are consistent with existing practices and format. FINANCIAL IMPLICATIONS: Elgin shall receive increased rents from the continued rental of Suites 223, 225, and 227 within the County Administration Building for the Term of the proposed Lease Agreement, subject to early termination. 3 ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin ® Ensuring alignment of current programs and services with community need. ® Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. Additional Comments: None Growing Elgin ❑ Planning for and facilitating commercial, industrial, residential, and agricultural growth. ❑ Fostering a healthy environment. ® Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: None COMMUNICATION REQUIREMENTS: None CONCLUSION: Investing in Elgin ® Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ❑ Delivering mandated programs and services efficiently and effectively. Staff is pleased to report that consensus has been reached with Mervin L. Riddell which will allow continuation of his tenancy in Suites 223, 225, and 227 within the County Administration building. With the exception of an expanded exception to the Tenant's contractual right to quiet enjoyment, the terms of the proposed Lease Agreement are consistent with existing formats and practices. Staff recommends approval of the proposed lease arrangements and authorization of the Warden and Chief Administrative Officer to execute the draft Lease Agreement as prepared by Elgin Legal Services. All of which is Respectfully Submitted Stephen Gibson General Counsel Brian Lima General Manager of Engineering, Planning and Enterprise / Deputy CAO Approved for Submission Julie Gonyou Chief Administrative Officer 0 ri The Municipality of West Elgin 22413 Hoskins Line, Rodney Ontario NOL 2C0 April 14, 2023 Elgin County Council At the Regular Meeting of Council on April 13, 2023 the Council of the Municipality of West Elgin passed the following Resolution Resolution No. 2023- 137 Moved: Councillor Tellier Seconded: Councillor Navackas West Elgin Council hereby requests the County of Elgin adjust the location of the speed limit sign on Furnival Road on the southern limits of the Village of Rodney, to be set back a safe distance from the newly created entrance to Aldborough Public School and that a sign indicating school zone ahead be erected to warn drivers coming into Rodney from Talbot Line, to provide added notice especially, during an EDR; And That West Elgin Council hereby requests to designate the area as a Community Safety Zone. Carried Jana Nethercott Clerk cc. B. Lima, Elgin County Engineer P: 519.785.0560 ext 222 E: clerk@westelgin.net F: 519.785.0644 Page 123 of 133 www.westelgin.net Media Release FOR IMMEDIATE RELEASE — April 19, 2023 WOWC Unveils 2023-24 Priorities to MPs and MPPs Southwestern Ontario — Members of the Western Ontario Wardens' Caucus (WOWC) met virtually with their regional Members of Parliament (MPs) and Members of Provincial Parliament (MPPs) on Friday, April 14, 2023, to unveil the WOWC's priorities for 2023-24 as well as to present and discuss strategic approaches and mutual opportunities for collaboration and advocacy over the coming year. The Caucus has identified the following key priorities for the coming year: • Housing • Workforce to Support Economic Growth • Mental Health, Addictions and Homelessness "The WOWC members have conducted extensive research and significant discussions over the past few months, and as a result have decided on a renewed and strengthened focus on these priorities for 2023 and early 2024," stated WOWC Chair Glen McNeil. "These three issues have consistently been identified as the primary concerns for small and rural municipalities in Western Ontario. The Caucus is therefore staying the course, given its significant familiarity and successful advocacy efforts with these matters over the past few years." Multiple federal MPs and provincial MPPs were present on Friday to receive an exclusive presentation of the WOWC's 2023-2024 priorities, which were adopted unanimously by the Caucus last month following a strategic session to examine the most important advocacy issues and the path to achieving results. WOWC members stressed the importance of having the support of regional MPs and MPPs to further advocate on Parliament Hill and at Queen's Park for these priorities. "The WOWC members, along with the MPs and MPPs, agreed wholeheartedly on the importance and urgency of collaborating together on these critical issues, and speaking with one united voice on behalf of the 1.5 million residents we collectively represent," added Chair McNeil. Specific areas of focus within the three priorities are as follows: Page 124 of 133 Housing The WOWC continues to focus on increasing the supply of housing, of all forms, so that all residents in rural Western Ontario, regardless of income level, have a safe place to call home. The WOWC commends both upper levels of government on the significant investments that have been made, but will continue to request action and clarity on: • The commitment from the Province of Ontario to keep municipalities "whole" regarding the loss of municipal development charge revenue, and the impact to their ability to fund housing - enabling infrastructure, as a result of the Building Homes Faster Act • The anticipated targets regarding the number of new homes expected to be built in rural areas, similar to the targets set for urban municipalities across Ontario — as well as specific provincial supports for necessary infrastructure upgrades • Additional details and support on the federal Housing Accelerator Fund, including specific funding and clarity on the definition of small and rural municipalities Workforce to Support Economic Growth The WOWC is committed to ensuring sufficient workforce today and tomorrow to achieve the region's economic potential and support key industry sectors. As confirmed by the Western Ontario Workforce Strategy, there will be an estimated 214,000 jobs to be filled across the region between now and 2030. WOWC members addressed: • Recognition for the additional funding provided for the Ontario Immigrant Nominee Program (OINP), while ensuring that the highest in -demand sectors requiring employment in rural Western Ontario are assisted by this program • The region's need for a faster and easier transition for Temporary Foreign Workers to become permanent residents • Additional training supports for skilled trades, for residents already living in the region Mental Health, Addictions, and Homelessness As these related issues continue to profoundly impact communities across Ontario and Canada, small and rural municipalities are seeing unprecedented strains on vulnerable populations and the health care network as a whole — yet have fewer resources as compared to urban areas to tackle the growing mental health, addictions, and homelessness crisis. The WOWC stressed the importance of: • Specific and increased funding envelopes for small and rural communities to tackle these issues, e.g. the Homelessness Prevention Program (HPP) • Permanent funding for the Mobile Crisis Response Teams (MCRT) operating in small and rural municipalities across the region • More focus, action and support for small and rural communities from the federal government Page 125 of 133 "The WOWC looks forward to continuing this important work through its significant research and ongoing collaboration with regional stakeholders, including directly with MPs and MPPs," concluded WOWC Vice -Chair Wade Mills. "With our collective regional power, and the commitment from our federal and provincial partners, we can advocate and collaborate on these key priorities at multiple levels and find much -needed solutions for our residents and our communities." About The Western Ontario Wardens' Caucus (WOWC) is a not -for -profit organization representing 15 upper and single -tier municipalities in Southwestern Ontario, representing more than 1.5 million residents. The WOWC aims to enhance the prosperity and overall wellbeing of rural and small urban communities across the region. Caucus members work collectively to influence federal and provincial legislation and programs through advocacy, research, analysis and education. For more information, visit ►�a��a�?�w�ac, ��ac w A full report is available here: https:/lwowc,calwp-content[uploads/20231041priorities 2023 final.pdf Media Contact Kate Burns Gallagher, Executive Director Western Ontario Wardens' Caucus T: 519-495-6059 E: kateewowc.ca -30- Page 126 of 133 IIIIIIII IIIIIIII """"IIIIIIII"""" IIIIIIII" IIIIIIII IIIIIIII" IIIIIIII IIIIIIIIIIIIIIIII IIIIIIIICAUCUSIIIIIIII " IIIIIIII'" IIIIIIII IIIIIIII" IIIIIIII """"IIIIIIII"""" IIIIIIII IIIIIIIIIIIIIIIII As it has been since its inception, the Western Ontario Wardens' Caucus (WOWC) is a strong partner and supporter of the upper levels of government. This relationship will be critical in the years ahead, as the ability for municipalities to balance budgets and continue to meet service levels remains under pressure -affecting everything from workforce development to infrastructure, and long-term care to social services. The WOWC is a not -for -profit organization representing 15 upper and single -tier municipalities in Southwestern Ontario, representing more than 1.5 million residents. The organization aims to enhance the prosperity and overall well-being of rural and small urban communities across the region, by working collectively with upper levels of government The WOWC recently adopted its strategic approach f, i stl,-&ngIIIIIIII""" """IIIIIIII" "IIIIIIII IIIIIIII" IIIIIIII for advocacy in 2023 and identified a series of key priorities for the coming year. This information is intended to continue building on the collaboration with the member municipalities of Southwestern Ontario. We wish to commend both the federal and provincial governments on the adoption of their 2023 budgets, which contain measures of support for Canadians and Ontarians. Page 127 of 133 E Housing affordability, particularly in rural areas, continues to remain a strong focus within Southwestern Ontario. Given the current housing and rental market, it is crucial to focus on increasing the supply of affordable housing, of all forms, so that all residents regardless of income level have a safe place to call home. The WOWC commends both upper levels of government and the significant investments in housing that have been made. The k We are asking for a definition from the Province on the promise to "keep municipalities whole" Background It has been more than four months since Ontario promised to make municipalities "whole" regarding a loss of development charge revenue. Specifically, in Minister Clark's letter to AMO, the province committed to "ensuring that municipalities are kept whole for any impact to their ability to fund housing enabling infrastructure because of Bill 23:' We would like the Province to elaborate on this commitment and when we can expect a definition? The Regarding the Building Homes Faster Act, WOWC would respectfully request numbers from the province, regarding how many new homes are expected in each County. Background Numbers and targets have been set for our urban counterparts and our rural Counties require the same direction: • City of London 47,000 • City of Kitchener 35,000 • City of Guelph 18,000 • City of Cambridge 19,000 • City of Brantford 10,000 What are the numbers that need to be achieved for our rural communities? Will there be any supports in mind for the necessary infrastructure upgrades that extend beyond our targeted growth? Page 128 of 133 The k The Federal Housing Accelerator Fund distinguishes between "urban" and "small and rural" communities. All populations over 10,000 will fall into the urban stream, are our rural communities being measured against large urban centres across Ontario? Background The fund is an important sign of progress in the national effort to improve housing supply across the country — thank you. The WOWC supports FCM's call for the importance of an application process that is streamlined and accessible — to all levels of government — with eligibility considerations that do not create barriers to the transformative action Canada needs. Page 129 of 133 .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... E There has been an ongoing focus for the WOWC over the past few years on workforce retention and expansion. This has been highlighted in the collaborative regional work through the Western Ontario Workforce Strategy The We ask that the OINP will continue to be tailored to meet the needs of Western Ontario by including in -demand jobs for our region. Background Thank you to the Provincial Government for the additional $25 million over three years to attract more skilled workers, including in -demand professionals in the skilled trades. The WOWC region is home to 58% of the provincial total of temporary foreign workers. Adjusted for population size, there are 11 times as many temporary foreign workers in the WOWC region than the rest of Ontario. Between January and March 2023, there were more than 35,000 job postings in Western Ontario — and 17,600 postings in March alone. Types of jobs required: • Construction trades moved into the top 10 spot in March • Other occupations required include retail trade, transport truck drivers, home support workers, registered nurses, manufacturing, and agriculture These sectors are all strategically important to the economy. If manufacturing jobs cannot be filled, this will reduce private sector economic activity in the region — as well as the taxes required by municipalities to sustainably fund public services. If health care jobs cannot be filled here, these could be moved to other jurisdictions, forcing longer commutes for residents. For our federal counterparts, we would like to reiterate our region's need for a faster and easier transition for Temporary Foreign Workers to become permanent residents. However, we will not be able to solve the problem only through immigration alone, so we also need investments in training and upskilling for people already living and housed here in the region. Page 130 of 133 E Funding for our rural communities is a necessity. We are less equipped with fewer resources than our urban counterparts to tackle the growing mental health and addictions crisis. The k The Western Ontario Wardens' Caucus (WOWC) has reiterated its support and request to the provincial government for permanent funding of the Mobile Crisis Response Team (MCRT) program across Ontario. Background The MCRT funding provides critical funding support for our police forces to be paired with experienced mental health professionals in response to the substantial increase in mental health calls. Communities and residents in rural Western Ontario have felt the direct benefits from the pairing of specially trained police officers and mental -health professionals to respond to 911 emergency calls involving mental health or addictions. This funding had been delivered from the Province of Ontario to various police forces and their partners through case -by -case, application -based grant funding. It has been recommended by multiple stakeholders, including the OPP, that these programs should be made permanent — through annualized funding. The We are requesting that funding be allocated specifically for our rural communities as part of the Homelessness Prevention Program (HPP). Background The WOWC would like to thank the provincial government for their investment in the HPP program and the increase in funding through the 2023 budget. Our rural communities require an increased fair share in HPP funding given the specific growing strain for rural communities. In some cases, the funding delivered by the CMSMs (located in urban centres) is simply not adequate to meet the growing needs in rural areas with respect to homelessness. Page 131 of 133 COUNTY OF ELGIN By -Law No. 23-18 "TO AMEND SCHEDULE "B" TO BY-LAW NO.20-05 BEING A CONSOLIDATED BY-LAW FOR THE REGULATION OF TRAFFIC INCLUDING PARKING ON COUNTY ROADS WHEREAS, pursuant to Section 11 of the Municipal Act, 2001, S.O. 2001 c. 25, as amended, (the "Act') the Council of the Corporation of the County of Elgin did pass By - Law No. 20-05 for the regulation of traffic including parking on County Roads; AND WHEREAS now pursuant to Section 11(2) of the Act, an upper -tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in the Table to this section; AND WHEREAS, more particularly, Section 11(2) of the Act authorizes an upper -tier municipality to pass by-laws regulating parking and traffic on highways; AND WHEREAS it is deemed necessary and appropriate to amend By -Law No. 20-05, Schedule "B", to identify additional location(s) where stopping is prohibited; AND WHEREAS it is deemed necessary and appropriate to amend Schedule "B" to prohibit stopping on a certain portion of County Road 74 (Belmont Road) in the Municipality of Central Elgin as described herein; NOW THEREFORE BE IT RESOLVED THAT the Municipal Council of the Corporation of the County of Elgin enacts as follows: 1. THAT Schedule "B" of By -Law No. 20-05 be and is hereby amended to add a new section 21.25 as follows: 21.25 County Road #74, section A, from 50 metres south of the south property line of Borden Avenue to 130 metres south of Borden Avenue on both the west and east sides of County Road 74. 2. THAT this by-law shall come into force and take effect upon the installation of appropriate signage indicating the said No -Stopping Zone. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 25th DAY OF APRIL 2023. Julie Gonyou, Ed Ketchabaw, Chief Administrative Officer. Warden. Page 132 of 133 COUNTY OF ELGIN By -Law No. 23-19 "A BY-LAW TO CONFIRM PROCEEDINGS OF THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE COUNTY OF ELGIN AT THE APRIL 25, 2023 MEETING" WHEREAS, pursuant to Section 5.1 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, the powers of a municipality shall be exercised by its Council; AND WHEREAS pursuant to Section 5.3 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, the powers of every Council shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Municipal Council of the Corporation of the County of Elgin at this meeting be confirmed and adopted by by-law NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: 1. THAT the actions of the Municipal Council of the Corporation of the County of Elgin, in respect of each recommendation contained in the reports and each motion and resolution passed and other action taken by the Municipal Council of the Corporation of the County of Elgin, at its meeting held on April 25, 2023 be hereby adopted and confirmed as if all such proceedings were expressly embodied in this by-law. 2. THAT the Warden and appropriate officials of the Corporation of the County of Elgin are hereby authorized and directed to do all things necessary to give effect to the actions of the Municipal Council of the Corporation of the County of Elgin referred to in the preceding section hereof. 3. THAT the Warden and the Chief Administrative Officer, or alternate, are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of the Corporation of the County of Elgin. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 25TH DAY OF APRIL, 2023. Julie Gonyou, Ed Ketchabaw, Chief Administrative Officer/Clerk. Warden. Page 133 of 133