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14 - June 13, 2023 County Council Agenda Packagew '„w�mAw7lffJJ1,, r W�'%^,F 1 Il$ 1WiiuAnlf Elgin County Council Regular Council Meeting ORDERS OF THE DAY Tuesday, June 13, 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 5. COMMITTEE OF THE WHOLE 6. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF 6.1 Warden Ketchabaw - Warden's Activity Report May 2023 15 6.2 Accessibility Coordinator - Joint Annual Accessibility Status Report 2022 17 6.3 Accessibility Coordinator - Additions to Joint MYAP for Elgin County 27 Heritage Centre 6.4 Manager of Procurement & Risk - Operation of the Elgin Manor 32 Wastewater Treatment Plant - Elgin (County) / Ontario Clean Water Agency 6.5 Manager of Corporate Facilities - Humidifier Replacement at Bobier Villa 35 - Contract Award 6.6 Manager of Transportation Services - Village of Vienna Speed Limit 38 6.7 Manager of Transportation Services - Imperial Road and Ron McNeil 42 Line - Status Update 6.8 Director of Financial Services/Treasurer - 2022 Annual Report for 46 Investments 6.9 Director of Financial Services/Treasurer - 2023 Borrowing By -Law 48 6.10 Planning Technician and Secretary Treasurer of the Land Division 51 7. Committee - Agricultural Impacts from Proposed Agricultural Lot Creation Changes to the Provincial Policy Statement 6.11 Acting Manager of Planning - Draft Plan Approval for Draft Plan of Subdivision, File No. 34T-CE2102 6.12 Acting Manager of Planning - Revised Exemption from Draft Plan Approval for Plan of Condominium, File No. 34CD-CE2202 6.13 Acting Manager of Planning - Municipality of Bayham Official Plan Amendment No. 31, File No. BA-OPA 1-23 6.14 Acting Manager of Planning - Municipality of Bayham Official Plan Amendment No. 32, File No. BA OPA 2-23 6.15 Director of Legal Services - Delegation of Approval Authority 6.16 General Counsel - Elgin / Hawthorne - Approval of Commercial Lease - Elgin County Administration Building (Suite 345-1) COUNCIL CORRESPONDENCE 7.1 Items for Consideration 7.1.1 Letter from Darlene Smith, OAPSB Zone 6 Chair requesting Council's approval of the appointment of Carolyn Krahn to the position of OAPSB Zone 6 Secretary Treasurer 7.2 Items for Information (Consent Agenda) 7.2.1 Article from The Globe and Mail titled "Meet the collector with hundreds of vintage bicycles", highlighting the Elgin County Heritage Centre's current exhibit. 7.2.2 Resolution from the Corporation of the Town of Fort Erie - Urging the Province to Pause Proposed New Provincial Planning Statement (PPS) 7.2.3 Town of Evanturel resolution supporting Bill 5 - Stopping Harassment and Abuse by Local Leaders Act 7.2.4 Letter from Elgin Federation of Agriculture regarding Helping Homebuyers, Protecting Tenants Act & the Proposed 2023 Provincial Policy Statement 7.2.5 Resolution from the Corporation of the Town of Fort Erie supporting the City of Cambridge's resolution regarding Highway Traffic Act Amendments 7.2.6 Resolution from the Township of Puslinch urging relevant taxation bodies to reinstate previous legislation that permitted a municipality to apply for and retain the surplus proceeds from a tax sale in their jurisdiction OTHER BUSINESS 8.1 Statements/Inquiries by Members 8.2 Notice of Motion 8.3 Matters of Urgency Page 2 of 135 57 71 79 90 100 103 106 107 m 111 113 116 119 9. CLOSED MEETING ITEMS 9.1 Director of Human Resources - Human Resources Update Municipal Act Section 239 (2) (b) personal matters about an identifiable individual, including municipal or local board employees, and (f) advice that is subject to solicitor -client privilege, including communications necessary for that purpose. 9.2 Director of Legal Services - Advice re Personnel Matter Municipal Act Section 239 (2) (b) personal matters about an identifiable individual, including municipal or local board employees, and (f) advice that is subject to solicitor -client privilege, including communications necessary for that purpose. 10. MOTION TO RISE AND REPORT 11. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE WHOLE 12. CONSIDERATION OF BY-LAWS 12.1 By -Law No. 23-27 Speed Zone Amendment 130 12.2 By -Law No. 23-28 Borrowing By -Law 131 12.3 By -Law No. 23-29 Delegation of Approval Authority 133 12.4 By -Law No. 23-30 Confirmation 13. ADJOURNMENT 135 Page 3 of 135 ru��yyii„ I:I11rJILl[K01I1Ll11WK61001LINII MINUTES May 23, 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 Andrew Sloan Councillor Todd Noble Councillor Mike Hentz Councillor Richard Leatham Members Absent: Councillor Jack Couckuyt (absent with notice) Staff Present: Stephen Gibson, Chief Administrative Officer (Acting) Brian Masschaele, Director of Community & Cultural Services Amy Thomson, Director of Human Resources Michele Harris, Director of Homes and Seniors Services Jennifer Ford, Director of Financial Services/Treasurer Nicholas Loeb, Director of Legal Services Jenna Fentie, Manager of Administrative Services/Deputy Clerk Mike Hoogstra, Manager of Purchasing and Risk (virtual) Peter Dutchak, Manager of Transportation Stefanie Heide, Legislative Services Coordinator Jesse McPhail, Planner, Re:Public Urbanism (virtual) CALL TO ORDER The meeting was called to order at 9:01 a.m. with Warden Ketchabaw in the chair. 2. ADOPTION OF MINUTES Moved by: Councillor Leatham Seconded by: Councillor Noble RESOLVED THAT the minutes of the meeting held on May 9, 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: Councillor Hentz Seconded by: Councillor Sloan Page 4 of 135 IV0we] A0/019111a_I0NWe • I . TT,i • - r� .�ZTiT1[ir3me aIITANT1iTelra Motion Carried. 6. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF 6.1 Warden Ketchabaw - 2023 Community Grant Program Allocations Warden Ketchabaw presented the report recommending that Council approve the 2023 Community Grant Program allocations. Moved by: Deputy Warden Jones Seconded by: Councillor Widner RESOLVED THAT the report titled "2023 Community Grant Program Allocations" dated May 17, 2023 from the Rural Initiatives and Planning Advisory Committee Chair be received and filed; and THAT Council approve the 2023 Community Grant Program allocations as referenced in Appendix A: 2023 Community Grant Program Allocations. Motion Carried. 6.2 Acting Manager of Planning -Township of Malahide Official Plan Amendment No. 21 File No. MA OPA 1-23 Jesse McPhail, Planner from Re:Public Urbanism presented a report on behalf of the Acting Manager of Planning that provides Council with the information necessary to consider approving the Township of Malahide Official Plan Amendment No. 21, File No. MA OPA 1-23. Moved by: Councillor Giguere Seconded by: Councillor Sloan RESOLVED THAT the Council of the Corporation of the County of Elgin approves Official Plan Amendment No. 21 to the Official Plan of the Township of Malahide, File No. MA OPA 1-23; and THAT staff be directed to provide notice of this decision in accordance with the requirements of the Planning Act. Motion Carried. 6.3 Director of Homes and Seniors Services - Homes - Multi -Sector Service Accountability Agreement (MSAA) - Schedule F The Director of Homes and Seniors Services presented the report seeking authorization for the Acting Chief Administrative Officer to sign the Multi - Sector Service Accountability Agreement - Schedule F for the period of April 1, 2022 - March 31, 2023 for adult day programs at Bobier Villa and Terrace Lodge. Moved by: Councillor Noble Seconded by: Councillor Sloan RESOLVED THAT the report titled "Homes - Multi -Sector Service Accountability Agreement (MSAA) - Schedule F" dated May 15, 2023 from the Director of Homes and Seniors Services be received and filed; and THAT Council authorize the Acting Chief Administrative Officer (CAO) to sign the "Multi -Sector Service Accountability Agreement (MSAA) - Schedule F' for the period of April 1, 2022 to March 31, 2023. Motion Carried. Page 5 of 135 6.4 Director of Homes and Seniors Services - Sole Sourcing Report - Contract, Long -Term Care Transition Coordinator The Director of Homes and Seniors Services presented the report recommending Council approve a six-month agreement with Gail Kaufman Carlin Consulting for the position of Long -Term Care Transition Coordinator to support the Terrace Lodge redevelopment project. Moved by: Councillor Hentz Seconded by: Deputy Warden Jones RESOLVED THAT Council approve the six-month proposed agreement with Gail Kaufman Carlin Consulting for the Long -Term Care Transition Coordinator in support of the Terrace Lodge Redevelopment Project; and THAT the Warden and Acting Chief Administrative Officer be authorized to sign the agreement. Motion Carried. 6.5 Director of Homes and Seniors Services - Terrace Lodge Redevelopment Project - Advocacy for Construction Funding Subsidy (CFS) Top -up The Director of Homes and Seniors Services provided a report to Council detailing the County's funding advocacy efforts for the Terrace Lodge Redevelopment Project. Moved by: Councillor Leatham Seconded by: Deputy Warden Jones RESOLVED THAT Council authorize staff to collaborate with relevant association(s) to support advocacy efforts for Construction Funding Subsidy top -up funding; and THAT staff prepare additional correspondence for the Warden's signature that will be utilized to support continued advocacy for increased Construction Funding Subsidy (CFS) funding for the Terrace Lodge capital redevelopment project. Motion Carried. 6.6 Manager of Procurement & Risk - Procurement Activity Report Q1 (January 1, 2023 to March 31, 2023) The Manager of Procurement & Risk presented the report summarizing the County's procurement activity for the first quarter of 2023. Moved by: Councillor Widner Seconded by: Councillor Noble RESOLVED THAT the report titled "Procurement Activity Report Q1 (January 1, 2023 to March 31, 2023) dated May 15, 2023 from the Manager of Procurement & Risk be received and filed. Motion Carried. 6.7 Manager of Transportation Services - Imperial Road (Port Bruce) - Request for Guard Rail The Manager of Transportation Services presented the report recommending the installation of Chevron alignment signs on Imperial Road within the Village of Port Bruce. Moved by: Councillor Sloan Seconded by: Councillor Widner Page 6 of 135 RESOLVED THAT the report titled "Imperial Road (Port Bruce) - Request for Guard Rail" dated May 15, 2023 from the Manager of Transportation Services be received and filed; and THAT staff be directed to install Chevron alignment signs on Imperial Road as per the Ontario Traffic Manual along the horizontal roadway curve immediately north of Rush Creek Line. Motion Carried. 6.8 Director of Community and Cultural Services - Installation of Oneida Settlement Story Mural at Elgin County Heritage Centre The Director of Community and Cultural Services presented the report seeking Council's approval for the installation of a mural on the west - facing exterior wall of the Elgin County Heritage Centre which will depict the 1840 settlement journey of the Oneida Nation of the Thames. Moved by: Deputy Warden Jones Seconded by: Councillor Hentz RESOLVED THAT County Council hereby approve the installation of an interpretive mural depicting the settlement story of Oneida Nation of the Thames on the exterior of the Elgin County Heritage Centre subject to the terms and conditions contained in the May 16, 2023 report titled Installation of Oneida Settlement Story Mural at Elgin County Heritage Centre. Motion Carried. 6.9 Director of Financial Services/Treasurer - Council and Outside Boards Remuneration and Expenses The Director of Financial Services/Treasurer presented the report detailing the 2022 Council and Outside Board remuneration and expenses. Moved by: Deputy Warden Jones Seconded by: Councillor Hentz RESOLVED THAT the report titled "Council and Outside Boards Remuneration and Expenses" dated May 17, 2023 from the Director of Financial Services/Treasurer be received for information. Motion Carried. 6.10 General Counsel - Elgin/Diamond Senior Living Corp. -Waste Water Treatment Services Agreement - Elgin Manor Waste Water Treatment Plant The General Counsel/Acting Chief Administrative Officer presented the report informing Council of the compliance status of the Elgin Waste Water Treatment Services Agreement between Elgin (County) and Diamond Senior Living Corp. (DSL), and seeks Council's approval for an instalment payment proposal for outstanding fees to treat waste water discharged from Royal Oak Senior Living to the Elgin Manor Waste Water Treatment Plant for the period of April 1, 2021 to September 30, 2022. Moved by: Councillor Widner Seconded by: Councillor Sloan RESOLVED THAT the report titled "Elgin/Diamond Senior Living Corp. - Waste Water Treatment Services Agreement - Elgin Manor Waste Water Treatment Plant" dated May 15, 2023 from the General Counsel be received and filed; and Page 7 of 135 THAT Council approve the instalment payment proposal made by Diamond Senior Living Corp. and detailed in the report for treatment fees for waste water discharge to the Elgin Manor Waste Water Treatment Plant from the Royal Oak Senior Living Facility; and THAT Council direct staff to continue efforts to ensure compliance of Diamond Senior Living Corp. with its obligations pursuant to the Elgin Manor Waste Water Treatment Services Agreement as made effective December 23, 2020. Motion Carried. 7. COUNCIL CORRESPONDENCE 7.1 Items for Consideration 7.1.1 Resolution from the Municipality of Bayham recommending that the County of Elgin complete a traffic and speed study to address speed limit concerns in the village of Vienna. Moved by: Councillor Leatham Seconded by: Councillor Giguere RESOLVED THAT staff be directed to conduct a speed and traffic study on Plank Road at Chute Line in Vienna; and THAT staff be directed to review the 50km/hr speed limit zone on Plank Road at Light Line in Vienna; and THAT staff be directed to report its findings to County Council at a future meeting. Motion Carried. 7.1.2 Resolution from the Town of Aylmer requesting that Elgin County Council review and comment on the proposed Thames Valley District School Board boundary changes for East Elgin Secondary School in Aylmer. Councillor Giguere read a statement on behalf of Councillor Couckuyt Moved by: Deputy Warden Jones Seconded by: Councillor Leatham RESOLVED THAT the Warden be directed to send a letter to the Thames Valley District School Board of Trustees expressing County Council's concerns regarding the proposed school boundary changes affecting the East Elgin Secondary School catchment area. Motion Carried. 7.2 Items for Information (Consent Agenda) Moved by: Deputy Warden Jones Seconded by: Councillor Giguere RESOLVED THAT Correspondence Items 7.2.1 to 7.2.14 be received and filed. Motion Carried. 7.2.1 Resolution from the United Counties of Stormont, Dundas & Glengarry regarding the proposed changes to the Provincial Policy Statement. Page 8 of 135 7.2.2 Resolution from the City of Cambridge regarding Highway Traffic Act Amendments. 7.2.3 Letter from Robert Weare, resident of St. Thomas ON, regarding suggestions for the use of the excess topsoil and fill from the Volkswagen Battery Plant. 7.2.4 Correspondence from Environment and Climate Change Canada regarding the proposed Recovery Strategy for the Louisiana Waterthrush. 7.2.5 Letter from Tay Valley Township to Hon. Doug Ford, Premier of Ontario, regarding school bus stop arm cameras. 7.2.6 Resolution from Prince Edward County regarding Declaring Intimate Partner Violence an Epidemic. 7.2.7 Resolution from the Municipality of Tweed regarding reducing municipal insurance costs. 7.2.8 Resolution from the Town of Lincoln regarding the Municipal Heritage Register. 7.2.9 Letter from Region of Peel to the Hon. David Lametti, PC, MP, Minister of Justice and Attorney General of Canada expressing support for Bill C-321 'An Act to amend the Criminal Code'. 7.2.10 Resolution from the Municipality of Tweed regarding Bell -Hydro Infrastructure. 7.2.11 Resolution from the City of Cambridge regarding legislative amendments to improve municipal codes of conduct. 7.2.12 Resolution from the County of Oxford expressing support for Bill 5 - Stopping Harassment and Abuse by Local Leaders Act. 7.2.13 Letter from the Ministry of Transportation regarding an invitation to discuss transportation planning study for southwestern Ontario. 7.2.14 Letter from the Minister of Environment, Conservation and Parks regarding the Provincial Day of Action on Litter. 8. OTHER BUSINESS 8.1 Statements/Inquiries by Members 8.1.1 Safety Concerns Regarding Ron McNeil Line & Imperial Road Councillor Widner shared concerns regarding the frequency of accidents at the intersection of Ron McNeil Line and Imperial Road in the Township of Malahide. Councillor Widner noted that the Township of Malahide will be submitting a resolution to County Council requesting that the County address these concerns. The Acting Chief Administrative Officer noted that the matter will be referred to Engineering Services and a report will be brought forward at a future meeting. 8.1.2 Warden Ketchabaw Congratulates Councillor Leatham on Appointment to Mayor of West Elgin Warden Ketchabaw congratulated Councillor Leatham on his recent appointment as Mayor of West Elgin. 8.2 Notice of Motion None. 8.3 Matters of Urgency None. Page 9 of 135 9. CLOSED MEETING ITEMS Moved by: Councillor Widner Seconded by: Councillor Sloan RESOLVED THAT we do now proceed into closed meeting session in accordance with the Municipal Act to discuss the following matters under Municipal Act Section 239 (2): Closed Meeting Item #1 - Shared Tower Inc. Access to Highways (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. Closed Meetinq Item #2 - Organizational Update (b) personal matters about an identifiable individual, including municipal or local board employees. Closed Meetinq Item #3 - Interim CAO Recruitment (b) personal matters about an identifiable individual, including municipal or local board employees; 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. Motion Carried. 9.1 Director of Legal Services - Shared Tower Inc. Access to Highways 9.2 Director of Human Resources - Organizational Update 9.3 Director of Human Resources - Interim CAO Recruitment 10. MOTION TO RISE AND REPORT Moved by: Councillor Sloan Seconded by: Councillor Noble RESOLVED THAT we do now rise and report. Motion Carried. Closed Meeting Item #1 - Shared Tower Inc. Access to Highways Moved by: Councillor Sloan Seconded by: Councillor Noble RESOLVED THAT the Warden and Chief Administrative Officer be authorized to execute a Telecommunication Equipment Consent and Road User Agreement substantially in the standard form approved by County Council. Motion Carried. Closed Meeting Item #2 - Organizational Update Moved by: Councillor Sloan Seconded by: Councillor Hentz RESOLVED THAT the report from the Director of Human Resources be received for information. Motion Carried. Page 10 of 135 Closed Meeting Item #3 - Interim CAO Recruitment Moved by: Deputy Warden Jones Seconded by: Councillor Sloan RESOLVED THAT staff proceed as directed. Motion Carried. 11. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE WHOLE Moved by: Councillor Noble Seconded by: Councillor Leatham RESOLVED THAT we do now adopt recommendations of the Committee of the Whole. Motion Carried. 12. CONSIDERATION OF BY-LAWS 12.1 By -Law No. 23-24 Confirmation BEING a By -Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the May 23, 2023 Meeting. Moved by: Councillor Noble Seconded by: Deputy Warden Jones RESOLVED THAT By -Law No. 23-24 be now read a first, second, and third time and finally passed. Motion Carried. 13. ADJOURNMENT Moved by: Councillor Widner Seconded by: Councillor Giguere RESOLVED THAT we do now adjourn at 10:42 a.m. to meet again on June 13, 2023. Motion Carried. Jenna Fentie, Ed Ketchabaw, Manager of Administrative Warden Services/Deputy Clerk 8 Page 11 of 135 ru��yyii„ ELGIN COUNTY COUNCIL SPECIAL MEETING MINUTES June 8, 2023, 9:00 a.m. VIRTUAL MEETING: IN -PERSON PARTICIPATION RESTRICTED Members Present: Warden Ed Ketchabaw Deputy Warden Grant Jones (virtual) Councillor Dominique Giguere (virtual) Councillor Mark Widner (virtual) Councillor Jack Couckuyt (virtual) Councillor Andrew Sloan (virtual) Councillor Mike Hentz (virtual) Members Absent: Councillor Todd Noble Councillor Richard Leatham Staff Present: Amy Thomson, Director of Human Resources Nicholas Loeb, Director of Legal Services Stephen Gibson, Chief Administrative Officer (Acting) Jenna Fentie, Manager of Administrative Services/Deputy Clerk Stefanie Heide, Legislative Services Coordinator Don Shropshire (guest - virtual) 1. CALL TO ORDER The meeting was called to order at 9:00 a.m. with Warden Ketchabaw in the chair. 2. ADOPTION OF MINUTES None. 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: Councillor Couckuyt Seconded by: Deputy Warden Jones RESOLVED THAT we do now move into Committee of the Whole. Motion Carried. 6. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF 6.1 Director of Human Resources -Appointment of an Interim Chief Administrative Officer The Director of Human Resources presented the report seeking Council's direction regarding the appointment of an Interim Chief Administrative Officer. 1 Page 12 of 135 Moved by: Councillor Widner Seconded by: Councillor Hentz RESOLVED THAT the report titled "Appointment of an Interim Chief Administrative Officer" dated June 8, 2023 from the Director of Human Resources be received and filed; and THAT County Council appoint Don Shropshire as the Interim Chief Administrative Officer, effective immediately, and until such time as a permanent Chief Administrative Officer can be recruited and on -boarded; and THAT the Warden and Acting Chief Administrative Officer be authorized to execute a contract of temporary employment of Don Shropshire as Interim Chief Administrative Officer for the Corporation of the County of Elgin as prepared by and to the satisfaction of the Director of Legal Services for the said Corporation of the County of Elgin. Motion Carried. 7. COUNCIL CORRESPONDENCE None. 8. OTHER BUSINESS 8.1 Statements/Inquiries by Members None. 8.2 Notice of Motion None. 8.3 Matters of Urgency None. 9. CLOSED MEETING ITEMS Council did not enter closed session. In accordance with the Municipal Act Section 239 (2): Closed Meeting Item #1 - Human Resources Committee May 26, 2023 Closed Session Minutes b) personal matters about an identifiable individual, including municipal or local board employees. 9.1 Director of Human Resources - Closed Meeting Minutes - Human Resources Committee - May 26, 2023 10. MOTION TO RISE AND REPORT Closed Meetina Item #1 - Human Resources Committee Mav 26. 2023 Closed Session Minutes Moved by: Councillor Couckuyt Seconded by: Councillor Widner RESOLVED THAT the confidential report from the Director of Human Resources be received for information. Motion Carried. 11. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE WHOLE Page 13 of 135 Moved by: Deputy Warden Jones Seconded by: Councillor Sloan RESOLVED THAT we do now adopt recommendations of the Committee of the Whole. Motion Carried. 12. CONSIDERATION OF BY-LAWS 12.1 By -Law No. 23-25 -Chief Administrative Officer/Clerk Appointment BEING a By -Law to Appoint Don Shropshire as Interim Chief Administrative Officer/Clerk and to Repeal By -Law No. 17-24. Moved by: Councillor Hentz Seconded by: Councillor Giguere RESOLVED THAT By -Law No. 23-25 be now read a first, second and third time and finally passed. Motion Carried. 12.2 By -Law No. 23-26 - Confirmation BEING a By -Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the June 8, 2023 Meeting. Moved by: Deputy Warden Jones Seconded by: Councillor Sloan RESOLVED THAT By -Law No. 23-26 be now read a first, second and third time and finally passed. Motion Carried. i&�il >11001NLlhViIALl111 Moved by: Councillor Widner Seconded by: Deputy Warden Jones RESOLVED THAT we do now adjourn at 9:07 a.m. to meet again on June 13, 2023 at 9:00 a.m. Motion Carried. Jenna Fentie, Ed Ketchabaw, Manager of Administrative Warden. Services/Deputy Clerk. 3 Page 14 of 135 . .. .Progfressive by Nature RECOMMENDATION: REPORT TO COUNTY COUNCIL FROM: Ed Ketchabaw, Warden DATE: June 5, 2023 SUBJECT: Warden's Activity Report May 2023 THAT the report titled "Warden's Activity Report May 2023" dated June 5, 2023 from Warden Ketchabaw be received and filed. INTRODUCTION: The purpose of this report is to provide a high-level summary of the meetings and official functions I have attended during the month of May 2023. DISCUSSION: Events/Meetings Attended by Warden: May 2023: • County Council Meetings (May 4, 9, & 23, 2023) • Meeting with Enbridge Gas (May 2, 2023) • Terrace Lodge Redevelopment Steering Committee Meeting (May 8, 2023) • Rural Initiatives and Planning Advisory Committee Meeting (May 16, 2023) • Change of Command Ceremony for St. Thomas Police (May 16, 2023) • Community Safety and Well -Being Integration Table Meeting (May 17, 2023) • Aldborough Child Care Centre Opening (May 24, 2023) • SCOR Board Meeting (May 25, 2023) • Human Resources Committee Meeting (May 26, 2023) • Health Recruitment Partnership Dinner (May 30, 2023) • Elgin Middlesex Regional Fire School Recruit Graduation (May 31, 2023) FINANCIAL IMPLICATIONS: None. ALIGNMENT WITH STRATEGIC PRIORITIES: Page 15 of 135 gyring 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. Elgin County continues to work with and find ways to collaborate with Elgin's municipal partners. COMMUNICATION REQUIREMENTS: None. CONCLUSION: I look forward to continuing to represent Elgin County Council and connecting with our residents and stakeholders through various events and meetings throughout the next year. All of which is Respectfully Submitted Warden Ed Ketchabaw K Page 16 of 135 m0uumu u'ul�l^1�Vl���Ahl�hom .0 Pro�,ressive, by Nature Recommendation(s): REPORT TO COUNTY COUNCIL FROM: Sarah Savoie, Accessibility Coordinator DATE: June 13, 2023 SUBJECT: Joint Annual Accessibility Status Report 2022 THAT the report titled "Joint Annual Accessibility Status Report 2022" dated June 13, 2023 be received, filed, and approved. Introduction: Elgin County and its Local Municipal Partners (LMPs) are required to collaboratively prepare an annual accessibility status report on the progress of measures taken to implement the goals outlined in the Joint Multi -Year Accessibility Plan. Additionally, the status report must be posted on the County and LMPs websites for the public, per the Integrated Accessibility Standards Regulation (IASR) requirements. Discussion: Elgin County and its LMPs created a Joint Multi -Year Accessibility Plan spanning 2021- 2026. As a result of the plan becoming a joint effort between the County and its Local Municipal Partners, the status reports will also be done jointly. Over the 5-year period, on an annual basis, the County and its LMPs are required to provide an update to County Council as well as LMPs Councils on the progress made towards obtaining the goals outlined in the Joint Multi -Year Accessibility Plan, per the AODA. The attached report outlines the measures taken to ensure compliance with the Accessibility for Ontarians with Disabilities Act (AODA) and IASR. It details the initiatives undertaken by the County and LMPs in 2022 to identify, remove and prevent barriers. Financial Implications: No financial implications. 1 Page 17 of 135 K 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. 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. As the status reports will continue to be done collaboratively between Elgin County and its LMPs, it should reduce the amount of time that the Local Municipal Partners spend fulfilling this requirement. Since the previous model required each LMP to complete this requirement independently, making it a joint effort allows LMPs to send information to the County Accessibility Coordinator, who is wholly responsible for drafting the report. Communication Requirements: The Joint Annual Accessibility Status Report for 2022 is required to be communicated and collaborated on with Elgin County and its Local Municipal Partners. The report was taken to the Joint Accessibility Advisory Committee for approval and feedback before taking it to County Council. Upon approval by County Council, the report will go to all the Local Municipal Councils to be received for information and posted online. The report must be made available to the public via the County and LMPs websites. Conclusion: As outlined in the attached Joint Annual Accessibility Status Report, the County of Elgin and its Local Municipal Partners will continue to identify, remove and prevent barriers to people with disabilities. These efforts are communicated to County Council and LMP Councils through the Joint Multi -Year Accessibility Plan and affiliated status reports. Page 18 of 135 All of which is Respectfully Submitted Sarah Savoie Accessibility Coordinator Amy Thomson Director of Human Resources Approved for Submission Stephen Gibson Chief Administrative Officer (Acting) 3 Page 19 of 135 wrIPoWNWmwsNA' � wMb'm+w .JWdq. d�W, ,i, i. ,,, �r �.. viEPProgressive 4y Nature Joint Annual Accessibility Status Report 2022 A summary of Elgin County and its Local Municipal Partners accomplishments towards inclusion and accessibility in 2022 Page 20 of 135 Elgin County and Local Municipal Partners Joint Annual Accessibility Status Report 2022 Objectives and Purpose This is the County of Elgin and its Local Municipal Partners (LMPs) Annual Accessibility Status Report update. In 2015, Elgin County released its second Multi -Year Accessibility Plan, in accordance with the Accessibility for Ontarians with Disabilities Act (AODA) and the Integrated Accessibility Standards Regulation (Ontario Regulation 191/11). The plan outlined the County's strategy to prevent and remove barriers to accessibility, which includes how to meet requirements under the AODA. In 2021, the County released its first Joint Multi -Year Accessibility Plan (MYAP), which includes the County of Elgin and its seven Local Municipal Partners' accessibility progress, goals and timelines for the next five years. As a result of the MYAP becoming a joint effort, it allowed the Annual Accessibility Status Reports to become streamlined and collaborative rather than requiring each LMP to create their own. This Status Report includes the accessibility initiatives that were completed in 2022 to implement the strategy outlined in the Joint Multi -Year Accessibility Plan. The purpose of this Status Report is to make the public aware of Elgin County and its LMPs' progress with accessibility implementation and to prevent and remove barriers and meet requirements under the AODA and IASR. Compliance Reporting Elgin County filed their sixth Accessibility Compliance Report in February 2023, due to claiming non-compliance regarding web accessibility and the WCAG 2.0 Level AA criteria in 2021. For the 2023 report, Elgin County was able to claim compliance and continues to work on maintaining web compliance and document accessibility. Any LMPs who claimed non-compliance are working with the Ministry for Seniors and Accessibility to ensure compliance is achieved. The deadline for municipalities that reported compliance in 2021, will be on December 31, 2023. Commitment Statement The County of Elgin and its LMP's statement of commitment establishes the vision and goals for the Municipalities to meet the legislated accessibility requirements. The statement of commitment is publicly available on the County website, accessibility policy and Joint MYAP. The County of Elgin and its LMPs are committed to identifying, eliminating and preventing barriers and improving accessibility for people with disabilities in a manner that respects dignity, independence, integration and equal opportunity. Page 21 of 135 The County of Elgin and its LMPs recognize the diverse needs of all of our residents and customers and will respond by striving to provide goods, services and facilities that are accessible to all. The County of Elgin and its LMPs are committed to being responsive to the needs of all of our residents and employees. In order to meet the needs of people with disabilities the Municipalities will: • Ensure policies address dignity, independence, integration and provide for equal opportunity for people with disabilities • Allow people with disabilities to use their own personal devices to obtain, use or benefit from the services offered by the County and LMPs • Accommodate the accessibility needs of people with disabilities to ensure they can obtain, use, or benefit from the County and LMPs goods, services, programs and facilities • Communicate with people with disabilities in a manner that is considerate of the person's disability The County of Elgin and its LMPs will promote accessibility by ensuring that compliance is met for all regulations made under the Accessibility for Ontarians with Disabilities Act, 2005. In order to ensure that timelines are met, The County and its LMPs will establish, implement and maintain a Joint Multi -Year Accessibility Plan. The plan will outline the County and its LMPs strategy to prevent and remove barriers to people with disabilities. The plan will be updated on an ongoing basis, as needed, to ensure it remains current and aligns with the IASR. Continuous Achievements in Accessibility • The County of Elgin and its LMPs focus on removing barriers which may exist in our buildings and facilities, while ensuring that new buildings, leases, and renovations do not create any new barriers • Elgin County/Central Elgin Joint Accessibility Advisory Committee continues to meet and review accessibility initiatives • The County of Elgin and its LMPs continue to comply with the requirements of the Integrated Accessibility Standards Regulation including continuing to train staff, volunteers and third parties who interact on behalf of the Municipalities on an ongoing basis • All library branches continue to provide accessible materials and communication supports upon request. In addition, the libraries have several accessible materials and resources available including but not limited to: large print books, audio books, CELA Library loan access, electronic materials with zoom features, hand-held magnifiers as well as ZoomText with large print keyboards • Continue to review customer feedback and take appropriate action Page 22 of 135 • The County of Elgin and its LMPs are continuously looking into new accommodation options for people with disabilities • Use of technology such as eScribe to ensure that Council agendas and minutes are completely accessible as well as maintaining website compliance achieved • Continue to explore and monitor potential funding opportunities for the built environment relating to accessibility under the Enabling Accessibility Fund, Ontario Trillium Foundation, Canadian Tire Jumpstart and Investing in Canada Infrastructure Program Highlights of 2022 • The County of Elgin accomplished the following in 2022: o Working to complete renovations on accessible elevators in the County Administration Building o Finish making upgrades to Council chambers and front lobby on first floor o Created an Accessibility Content Style and Design Guide, and a Creating Accessible Documents Guide o Continued making changes to the County website to ensure compliance with the WCAG 2.0 Level AA requirements o Completed the Joint Annual Accessibility Status Report for 2022 regarding the progress made for the Joint Multi -Year Accessibility Plan o Began the creation of a Joint Diversity, Equity and Inclusion Plan between Elgin County and Local Municipal Partners that includes accessibility o Creation of training for document accessibility which will be rolled out to Elgin County staff and Local Municipal Partners upon request in 2023 • Elgin County / Central Elgin Joint Accessibility Advisory Committee (JAAC) reviewed and provided consultation on: o The County of Elgin Accessibility Policy to ensure it meets industry best practice o The creation of the Accessibility Content Style and Design Guide and a Creating Accessible Documents Guide o The establishment of on -street accessible parking spaces in downtown Rodney near Furnival Road o The revision of the JAAC Terms of Reference o The JAAC Co -Hosted the Accessibility Open House with the City of St. Thomas • The Municipality of Bayham accomplished the following in 2022: o Conducted an accessible Election including establishment of a Municipal Election Accessibility Plan and Election Official training Page 23 of 135 o Approved schematic plans for Straffordville Community Centre expansion o Tendering and construction planned for 2023 o Applied to the Enabling Accessibility Fund for accessibility upgrades at the Marine Museum o Approval of capital item for new website in 2023 o Ongoing sidewalk improvements through Bayham's capital program including 1.3 kms of new sidewalk in Vienna o Implementation of technology for hybrid Council meetings • The Municipality of Central Elgin accomplished the following in 2022: o Hard surfaced accessible concrete sidewalks added to Union Street Park in Belmont o Construction of a barrier free and accessible washroom in Union Street Park in Belmont o Accessible playground equipment Union Street Park o Accessible fitness equipment Union Street Park o Construction of an accessible elevator at the Belmont Arena o Addition of sidewalks in Old Lynhurst including two crosswalks from Talbot Hill to Wellington Road o Restoration of the gravel pathway around the Little Creek Stormwater Management Facility in Port Stanley • The Municipality of Dutton Dunwich accomplished the following in 2022: o Accessible ramp and entrance at town hall railing to be installed this fall o Development of a new website with a citizen portal for residents to complete municipal business 24/7 o Two fully accessible outdoor exercise equipment (accessible hand bike and upper body stretcher) to add to our existing pieces — a total of 5 o Hand sensor door opener replaced a paddle at our medical centre and Service Ontario offices o Applied for the Enabling Accessibility Grant -small projects component to make our entire front reception area accessible o If successful it will be completed this December as we have the drawing and specs already o Continue to digitize our TOMRMS filing system so employees (present a future) can access any files should they need to work from home as an accommodation due to any issues • The Municipality of West Elgin accomplished the following in 2022: o Completed Accessible public/staff washroom as part of Municipal Office Renovations — monies provided through Enabling Accessibility Grant 0 Page 24 of 135 o Open renovated Municipal Office with better accessibility for staff and public — accessible front counter, entrance way and meeting room as well as staff areas o Completed Pre -Election Accessibility Plan and placed on website o Provided training on accessibility to staff to ensure compliance (ongoing) o Continued updating documents for website to ensure compliance (ongoing) o Completion of Accessible Parking space on Moriah Street in Rodney as part of Downtown Rodney Reconstruction o Worked with a local service group to create accessible pathways in Miller Park (1 section completed and this is an ongoing project to provide accessible pathways throughout park) • The Town of Aylmer accomplished the following in 2022: o Administered an accessible election in accordance with the Municipal Elections Act ■ No requests for accommodation were received throughout the election period; however, staff received positive feedback from visitors respecting the voting method (Internet, Telephone) with in - person assistance available onsite o Accessible upgrades were made to the newly renovated Council Chambers located at 25 Centre Street, Aylmer o Continued accessibility related improvements to www.aylmer.ca o Continued staff training regarding WCAG 2.0 Level AA requirements • The Township of Malahide accomplished the following in 2022: o Provided training on document accessibility to staff to ensure compliance (ongoing) o Created a Municipal Elections Accessibility Plan o Continued making changes to the Township website to ensure compliance with the WCAG 2.0 Level AA requirements o Continued making changes to the Township Facebook page to ensure compliance with the WCAG 2.0 Level AA requirements • The Township of Southwold has accomplished the following in 2022: o Staff participation document accessibility training to ensure compliance (ongoing) o Update to Official Plan Text— now an accessible document o Update to many other documents to make accessible — creation of templates so they are accessible going forward o Continue to update and maintain Township website to ensure compliance with the WCAG 2.0 Level AA requirement o Completion of accessible pavilion and playground in new Talbotville park 5 Page 25 of 135 Availability of the Plan and Status Report The Multi -Year Accessibility Plan and Annual Accessibility Status Reports can be accessed through Elgin County's website on the Accessibility Page: https://www.elgincounty.ca/accessibility/ Contact Information For more information contact — Elgin County's Accessibility Coordinator: Phone 519-614-0620 Fax 519-633-7785 Email ssavoie2elgin.ca Mail Accessibility Coordinator County of Elgin, Human Resources Dept. 450 Sunset Drive, St. Thomas, ON N5R 5X7 Accessible formats and/or communication support(s) are available upon request. Page 26 of 135 i/G�"YI1��JJl E l f rO'M555M? 1�y Nature Recommendation(s): 1 REPORT TO COUNTY COUNCIL FROM: Sarah Savoie, Accessibility Coordinator DATE: June 1, 2023 SUBJECT: Additions to Joint MYAP for Elgin County Heritage Centre THAT Elgin County Council approve the amendments to the Elgin County and Local Municipal Partners' Joint Multi -Year Accessibility Plan 2021-2026 to include accessibility progress, goals, and timelines specific to the Elgin County Heritage Centre. THAT the amendments be forwarded to Local Municipal Partners' Councils to be approved and filed. Introduction: Elgin County and its Local Municipal Partners ("LMPs") prepared a Joint Multi -Year Accessibility Plan ("Joint MYAP") spanning 2021-2026 that outlines accessibility progress, goals and timelines for all of Elgin County. It is recommended that the Joint MYAP be amended to include accessibility progress, goals and timelines that are specific to the Heritage Centre. Discussion: The Joint MYAP outlines accessibility progress and goals spanning 2021-2026. When Elgin County and its LMPs were in the process of creating the Joint Multi -Year Accessibility Plan there were progress, goals and timelines established that covered all Elgin County departments, services, and facilities. The Heritage Centre is required to have an Accessibility Plan in place when applying for provincial museum grants including the Community Museums Operating Grant and Heritage Organization Development Grant. While the Joint MYAP intends to cover all County departments and facilities, in order to ensure a strong grant application, the Heritage Centre is recommending amendments to the Joint MYAP to include progress, goals and timelines that are directly relevant to the museum and its facilities and services. Page 27 of 135 oil Below is a list of all the amendments that are being recommended by the Heritage Centre to include in the Joint MYAP: General Requirements Goals Continue training of Heritage Centre staff, Elgin County Museum Advisory Committee members, and volunteers on the AODA and Ontario Human Rights Code as it pertains to people with disabilities Timeline —Ongoing • Continue training Heritage Centre staff, Committee members and volunteers on AODA and OHRC Information and Communication Progress Heritage Centre collaborates with Legislative Services Department and Cultural Services Department staff to upload content to the website to ensure it is compliant with the WCAG 2.0 Level A and AA requirements Goals • Following website redevelopment - develop robust accessible document training strategy for website content uploaders onto the County Site, including Library and Heritage Centre staff • Provide social media training for Heritage Centre and Cultural Services staff for web content accessibility to ensure that social media posts are compliant with the IASR requirements Timeline —Ongoing • Provide social media training for Heritage Centre and Cultural Services staff Employment Goals Continue to ensure that volunteer recruitment and onboarding for Heritage Centre volunteers is compliant with the AODA requirements Update Heritage Centre volunteer application form to ensure public knows accommodations and accessible formats and/or communication supports are available upon request during the recruitment process for Elgin County Museum Advisory Committee members and volunteers Page 28 of 135 Timeline —Ongoing • Ensure volunteer recruitment and onboarding for Heritage Centre volunteers is AODA compliant Timeline—2021-2023 • Update Heritage Centre volunteer application form to ensure public knows accommodations, accessible formats and/or communication supports are available upon request during the recruitment process Design of Public Spaces Progress Elgin County Heritage Centre constructed in 2017 o Building is equipped with designated accessible parking spaces, a universal washroom, accessible door operators at entrances, paved walkways and accessible ramp for barrier free path of travel • Elgin County Heritage Centre continues to consider people with disabilities who use mobility aids and wheelchairs when designing exhibits and displays to Goals ensure full access to facilities for all visitors Create Universal Washroom Emergency Call Button Alarm Procedure for all County facilities equipped with universal washrooms o Collaborate with Heritage Centre and Admin Building staff to ensure procedure is implemented for universal washroom and training is provided as needed • Create Service Counter Design Guidelines including mobility device friendly access to be shared with Local Municipal Partners o Consider placement and location of information, signage, brochures etc. o Redesign service counter area and desk in the Heritage Centre to make more accessible for all visitors Timeline—2021-2023 • Collaborate with Heritage Centre and Admin Building staff to implement and provide training on procedure 3 Page 29 of 135 Timeline—2024-2026 • Redesign of Heritage Centre service counter area Customer Service Progress • Considers people with disabilities when providing services to the public including school group programs and public events o Ensures exhibits, displays and facilities are accessible to all visitors, and accommodations are made available upon request Goal • Ensure all Heritage Centre staff, Museum Advisory Committee members and volunteers receive the accessible Customer Service Standard training Timeline —Ongoing • Training for Heritage Centre staff, Committee members and volunteers on Customer Service Standard Financial Implications: No financial implications. 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 30 of 135 Local Municipal Partner Impact: Elgin County and all its Local Municipal Partners must post the Joint MYAP on their websites. If the Joint MYAP is updated or amended, the new version should replace the existing version that is posted on LMPs websites. LMPs may opt to present the changes to their Councils for approval before adding the revised Joint MYAP to the website. Communication Requirements: Any updates or amendments to the Joint MYAP must be brought to the Joint Accessibility Advisory Committee to consult on and approve. Once approved by the Committee, the amendments will be taken to County Council. Upon approval by County Council, the updated Joint MYAP will go to all the Local Municipal Councils to be received for information and posted online. Conclusion: As outlined above, the recommended amendments to the Joint MYAP would ensure specific progress, goals and timelines are included and will help to demonstrate the Heritage Centres commitment to accessibility and compliance with the AODA. This will help strengthen the grant application when applying to provincial museum grants. All of which is Respectfully Submitted Sarah Savoie Accessibility Coordinator Approved for Submission Stephen Gibson Chief Administrative Officer (Acting) 5 Page 31 of 135 REPORT TO COUNTY COUNCIL 00 FROM: Mike Hoogstra Manager of Procurement & Risk DATE: May 30, 2023 SUBJECT: Operation of the Elgin Manor Wastewater Treatment Plant — Elgin (County) / Ontario Clean Water Agency RECOMMENDATIONS: THAT the within Report to Council, dated May 30, 2023, and entitled "Operation of the Elgin Manor Wastewater Treatment Plant — Elgin (County) / Ontario Clean Water Agency" be received and filed; THAT Staff be authorized to extend the current service arrangement with Ontario Clean Water Agency for the Operation of the Elgin Manor Wastewater Treatment Plant for the six-month term commencing July 1, 2023, and ending December 31, 2023; and, THAT the Acting Chief Administrative Officer be authorized to sign a change order with Ontario Clean Water Agency to implement the said extension of service arrangement. INTRODUCTION: The Wastewater Treatment Plant located behind Elgin Manor is a fully automated plant and has been in operation since 2006. The plant has been operated by Ontario Clean Water Agency (OCWA) since the plant opened. The agreement with OCWA expires on June 30, 2023. BACKGROUND AND DISCUSSION: In October 2015 the County issued a Request for Proposal to prequalified firms interested in operating the Elgin Manor Wastewater Treatment Plant. Following the evaluation of proposal submissions, Ontario Clean Water Agency (OCWA) achieved the highest overall score and was subsequently awarded a five-year operation and maintenance service contract by Council at the December 10, 2015 meeting. The original agreement commenced on January 1, 2016 and expired on December 31, 2020. In accordance with the terms of the agreement, the County extended the agreement for the first two-year term however decided not to extend the agreement for the second two-year term. The agreement contained a termination clause that stated the Page 32 of 135 services would extend six months past the agreement expiration of December 31, 2022. OCWA is continuing to operate the plant until June 30, 2023. Administration recommends that the current services arrangement with OCWA be extended via change order for a six-month term to expire on December 31, 2023. This six-month extension will allow staff to initiate and complete the RFP process and have a recommendation to Council for a new agreement term in the third or fourth quarter of 2023. OCWA has been consulted and agrees to the additional six-month term. FINANCIAL IMPLICATIONS: The current monthly cost to operate the plant is $6,695.22. There will be no increase in cost for the six-month term. 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. Additional Comments: ® Fostering a healthy environment. ❑ Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: None COMMUNICATION REQUIREMENTS: ►= 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. 2 Page 33 of 135 3 The County's existing services agreement for the operation of the Elgin Manor Wastewater Treatment plant has expired and OCWA is continuing to operate the plant based on section 4.3 of the original agreement. Staff recommends that the current services arrangement with Ontario Clean Water Agency be extended via change order for a six-month term. All of which is Respectfully Submitted Mike Hoogstra Manager of Procurement & Risk Jennifer Ford Director of Financial Services / Treasurer Approved for Submission Stephen Gibson Chief Administrative Officer (Acting) Page 34 of 135 REPORT TO COUNTY COUNCIL FROM: Ryan Terpstra, Manager of Corporate Facilities Mike Hoogstra, Manager of Procurement & Progfressive by Nature Risk DATE: June 2, 2023 SUBJECT: Humidifier Replacement at Bobier Villa - Contract Award RECOMMENDATIONS: THAT 9079653 Canada Corporation o/a Combustion Techs be selected for the Humidifier Replacement Project at Bobier Villa, Contract No. 2023-Q23 at a total price of $72,888.00 exclusive of H.S.T.; and THAT the additional funding required be reallocated as detailed in this staff report; and, THAT the Warden and Acting Chief Administrative Officer be directed and authorized to sign the contract. INTRODUCTION: A Request for Quote was advertised and issued as per the County's Procurement Policy for the replacement of seven (7) humidifiers at Bobier Villa. The work involves the removal of the existing humidifiers, installation and commissioning of new humidifiers and upgrading the water supply lines. DISCUSSION: A total of eight (8) contractors downloaded bid documents for this project from the County's bidding system qs.��� in„u!�w�. Five (5) contractors submitted electronic bids for this Request for Quote which closed on May 24, 2023. Bids were received as follows: Company Bid Price (exclusive of HST) 9079653 Canada Corporation o/a Combustion Techs $72,888.00 Postma Heating and Cooling Inc. $91,320.00 YYZ Contractors Inc. $108,000.00 Temperature Control Solutions $130,500.00 Page 35 of 135 K Ainsworth Technical LP $156,842.00 9079653 Canada Corporation o/a Combustion Techs submitted the lowest compliant bid for the project at a total price of $72,888.00 exclusive of HST. FINANCIAL IMPLICATIONS: The lowest compliant bid exceeds the County's approved capital budget for this project. Therefore, per section 5.4c) of the Procurement Policy, this project requires Council approval. The following summary of projected estimated costs is provided for review and will be confirmed throughout the project: Project Cost $ 72,888.00 Net HST (1.76%) $ 1,282.83 Total Projected Costs $ 74,170.83 Approved Capital Budget $ 55,000.00 Forecast Budget Surplus/(Deficit) $ (19,170.83) The recommended contract award for the replacement of the humidifiers will result in a budget shortfall of $19,170.83. Staff is recommending that unspent available funds in the amount of $20,000 from the Condenser (North, East and West wing) (No 45032355) be reallocated to fund the projected budget deficit. 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 36 of 135 INICIPAL PARTNER IMPACT: None. COMMUNICATION REQUIREMENTS: Bobier Villa staff and visitors will be advised of the project through construction project notices and progress updates. CONCLUSION: Work on this project is expected to commence in August 2023 and will be completed prior to October 31, 2023. All of which is Respectfully Submitted Ryan Terpstra Manager of Corporate Facilities Mike Hoogstra Manager of Procurement & Risk Approved for Submission Stephen Gibson Chief Administrative Officer (Acting) K Page 37 of 135 Pro�fressival by Nature RECOMMENDATIONS: 1 REPORT TO COUNTY COUNCIL FROM: Peter Dutchak, Manager of Transportation Services DATE: May 25, 2023 SUBJECT: Village of Vienna Speed Limit THAT the report titled, "Village of Vienna Speed Limit" from the Manager of Transportation, dated May 25t", 2023 be received and filed; and, THAT the Reduced Speed Zone By-law, Schedule `C' be amended as follows: County Road 19, section C, from 755 metres south of the north property line of Light Line to 200 metres north of the north property line of Light Line be established as a 60km/h reduced speed zone. INTRODUCTION: At their May 23rd, 2023 meeting, County Council passed the following resolution: RESOLVED THAT staff be directed to conduct a speed and traffic study on Plank Road at Chute Line in Vienna; and THAT staff be directed to review the 50km/hr speed limit zone on Plank Road at Light Line in Vienna; and THAT staff be directed to report its findings to County Council at a future meeting. This report will provide existing traffic study data as requested and recommend a reduced speed zone to encompass the settlement area of the Village of Vienna. DISCUSSION: Plank Road (CR19) near the Village of Vienna has an annual daily traffic volume of approximately 3,000 during summer months. This volume drops to approximately 2,500 daily during other times of the year. Plank Road north of Vienna has a functional classification as a Rural Minor Arterial roadway, meaning its primary purpose is traffic movement and to provide connections to other arterial roadways and urban centres. Page 38 of 135 K In response to the request from the Municipality of Bayham and as directed by County Council, staff deployed traffic counters at two locations on Plank Road north of Chute Line and those findings are detailed in the table below: Location within the Village of Average Average Speed 85t" Percentile Vienna Daily (km/h) Speed (km/h) Traffic Volume Plank Road south of Chute Line 2259 54 63 Plank Road 500m north of Chute 2624 73 83 Line The collected data suggests that traffic tends to slow as it enters the main part of the village as drivers negotiate the horizontal and vertical curves north of the Big Otter Creek, however, most vehicles are exceeding the 50km/h posted speed limit. Reduced speed zones along Elgin's road network are recommended in "Built Up Areas" as defined by the Highway Traffic Act. That definition considers the percentage of physical building density adjacent to and fronting a highway. The existing building density north of the current 50km/h reduced speed zone does not satisfy this definition since these older building lots can be up to 40m wide, some of the properties front onto Soper Road and the St. Luke's Cemetery located on the east side of Plank Road is considered as open land within this definition. For these reasons, the existing 50km/h zone has been established where it currently exists. Although a reduced speed zone is not normally recommended where there is insufficient adjacent development to satisfy the "Built Up Area" definition, consideration can be given to the fact that this section of Plank Road resides within the Village of Vienna settlement limits. In order to address the expressed resident concerns and in an attempt to alter driver behaviour within the Village of Vienna limits, staff recommends establishing a 60km/h zone, starting where the current 50km/h zone begins and extending northerly to the settlement limits, being 200m north of Light Line. A new 955m long 60km/h zone transition to the existing 50km/h zone will provide a reasonable speed limit for drivers who tend to travel at speeds they feel comfortable and safe travelling at. This new recommended 60km/h speed zone is detailed on the attached map. Page 39 of 135 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. The Municipality of Bayham 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 amended speed zone area. CONCLUSION: The County of Elgin received a request from the Municipality of Bayham to consider the implementation of a 50km/h reduced speed zone within the Village of Vienna northern limits. Although this area does not satisfy normally applied criteria, staff recommends establishing a reduced 60km/h zone since this area of Plank Road resides within the village settlement limits and in an attempt to alter driver behaviour to satisfy resident concerns. All of which is Respectfully Submitted Peter Dutchak Manager of Transportation Services Approved for Submission Stephen Gibson Chief Administrative Officer (Acting) Page 40 of 135 1 REPORT TO COUNTY COUNCIL FROM: Peter Dutchak, Manager of Transportation Services DATE: June 5, 2023 Progfressive by ature SUBJECT: Imperial Road and Ron McNeil Line — Status Update RECOMMENDATIONS: THAT the report titled, "Imperial Road and Ron McNeil Line — Status Update" from the Manager of Transportation, dated June 5t", 2023 be received and filed. INTRODUCTION: The County of Elgin has received a request from the Township of Malahide regarding safety concerns at the intersection of Imperial Road (CR 73) at Ron McNeil Line (CR 52). This report will provide an update regarding this intersection and the progress of the County's Transportation Master Plan. DISCUSSION: The intersection of Imperial Road and Ron McNeil Line resides north of the Town of Aylmer within the Township of Malahide. This intersection is two-way stop controlled (on Ron McNeil Line), has oversized stop and stop ahead signs, an overhead flashing intersection control beacon and concrete ripple islands at the stop blocks in order to position vehicles perpendicularly to Imperial Road. This intersection along with others is being evaluated within the development of the County's Transportation Master Plan. The County of Elgin begun developing its first Transportation Master Plan (TMP) in 2021 and has created a video introducing the project that can be viewed in the following link. The plan will be completed in four phases as follows: Phase 1 (Identify Needs and Opportunities) — This phase has been completed and presented to County Council in 2022. The entire report can be viewed in the link below ki 1. ant° " 'rl sii „n a as rif s k1z `; a a° „ f s ai 1z'= 7 44 11 z Page 42 of 135 K Phase 2 (Develop and Assess Network Alternatives) Phase 3 (Develop Supporting Strategies and Policies) Phase 4 (Prepare Final Transportation Master Plan) Currently in Phase 2, the TMP considers strategies, initiatives and plans that will positively contribute to Elgin's future transportation network in the medium -term (2036), long-term (2051) and horizon (2066) planning time frames. Phase 2 develops potential transportation improvements for the identified needs in Phase 1. Phase 2 also produces a preferred road and cycling network anticipating future growth and needs. Specifically, the intersection of Imperial Road and Ron McNeil Line was included in a traffic operations analysis list that included eleven of the County road intersections with the highest frequency of collisions. The complete list is provided below: 4 (17%) CR 30 (Hiigilhbur Ave) & 23 7 16 0 CR 45- (Fergusoin Line) CR 52 (Ron McNeil Line) & 118 2 16 0 7 (39%) CR 25 ( ell1ington Rd) CR 30 (Hiigilhbury Ave) & 117 5 91 0 3 (18%) Mapleton (Line CR 45 (Johan Wise Line) & 115 7 5 0 1 (7%) CR 36 (Quaker Rd) OR 52 (Ron McNeil Line) & 112 4 81 0 3 (25%) CR 73 (Imperial Rd), CR 52 (Ron McNeil Line) & 112 5 7 0 5 (42%) CR 74 (Belllirmont Rd), CR 4 (Sunset Dr) & 1111 6 51 0 3 (27%) C R 23 (East Rd) CR 4 (Sunset Er) & 110 5 5 0 2 (20%) Frulit Ridge Line OR 45 (Johan Wise Line) & 9 4 5 0 1 (11%) CR 73 (Imperial Rd), OR 45 (Johan Wise Line) & 9 5 4 0 2 (22%) CR 40 ( piringlfiiellld Rd') CR 3 (Talbot Line) & 9 7 2 0 1 (11%) CR 79 (irahami Rd) Source: IOI Group snalllys s of colksion dlsts on Elgih County roads (2017-2021) The table above shows that the Imperial Road and Ron McNeil Line intersection was 5th highest in terms of total number of collisions (4 wildlife and 8 other collisions) based on available police reported collision reports in the preceding 5 years of the TMP's Page 43 of 135 K nent. A traffic operational review of this intersection was also completed u, ,� - ,alysis confirmed that no operational deficiencies such as excessive delays currently exist. The review forecasted the 2051 operational level of service for Ron McNeil Line to be poor when considering anticipated future traffic volume growth. Currently, the County's 10-year capital plan (2023-2032) does not include any improvements to the intersection of Imperial Road and Ron McNeil Line. Staff anticipates that once the TMP is completed and endorsed by Council, a number of improvements and initiatives will be identified to be required in future years and those recommendations may include improvements to this intersection. At that time, Council will have to prioritize and balance any new investments with existing needs and available funding. New Development Impacts With the new announcement of a major international battery manufacturing plant within the City of St. Thomas being developed, the TMP's growth and demand forecasts will need to be revised to determine how the County road network may be impacted. Phase 2 of the TMP is currently delayed until the County is able to obtain some updated travel demand and growth forecasting data in order to better inform plan recommendations. 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. 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 ongoing development of the TMP will include consultation of the County's LMPs. Page 44 of 135 CI COMMUNICATION REQUIREMENTS: A copy of this report will be provided to the Township of Malahide. CONCLUSION: The County of Elgin received a request from the Township of Malahide regarding safety concerns at the intersection of Imperial Road (CR 73) at Ron McNeil Line (CR 52). This intersection has been reviewed in the larger context of the County's Transportation Master Plan development. Recommendations supporting required future improvements to the transportation network are anticipated in Phase 2. An implementation plan of recommended network improvements is anticipated in Phase 4 of the TMP. TMP progress is currently delayed until revised travel demand and growth data can be obtained supporting newly announced developments. All of which is Respectfully Submitted Peter Dutchak Manager of Transportation Services Approved for Submission Stephen Gibson Chief Administrative Officer (Acting) Page 45 of 135 REPORT TO COUNTY COUNCIL FROM: Jennifer Ford, Director of Financial Services/Treasurer DATE: June 5, 2023 SUBJECT: 2022 Annual Report for Investments RECOMMENDATION: THAT the 2022 Annual Report for Investments, submitted by the Director of Financial Services/Treasurer, be received and filed for information. INTRODUCTION: Section 8(1) of Ontario Regulation 438/97, issued under section 418(6) of the Municipal Act 2001, requires the Treasurer to produce and submit to Council an Annual Investment Report. DISCUSSION: Below is a chart summarizing the year end balances by account and the applicable income received through the variable investment activities within the financial instruments for the year 2022. Investment Category Balance at 2022 Average Dec 31-22 Interest Rate of Income Return General Account 6,325,702 161,695.99 2.34% Cash Account - High Interest Savings 27,410,909 409,524.18 2.11 % Account (HISA)* In -Year Guaranteed Investment 0 38,922.75 1.30% Certificate Since balances within the financial instruments fluctuate over the year, the Average Rate of Return is based on the average daily balances held within the accounts throughout the year rather than directly related to the balance shown within the account at year end. GIC interest was earned in 2022 from a multi -year GIC whose term ended in 2022 and was subsequently deposited back into the HISA. *Q4 Levy received Dec 15, 2022 Page 46 of 135 K FINANCIAL IMPLICATIONS: All of the above investments are consistent with the restrictions outlined in Ontario Regulation 438/97, as amended, required for municipalities to follow. 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: Growing Elgin ❑ Planning for and facilitating commercial, industrial, residential, and agricultural growth. ❑ Fostering a healthy environment. ® Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: No impact COMMUNICATION REQUIREMENTS: 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 report is provided to support mandatory requirements of the Municipal Act. CONCLUSION: For Council's information, to be received and filed. All of which is Respectfully Submitted Jennifer Ford Director of Financial Services/Treasurer Approved for Submission Stephen Gibson Chief Administrative Officer (Acting) Page 47 of 135 46.... m`Progressive iky Nature RECOMMENDATION: REPORT TO COUNTY COUNCIL FROM: Jennifer Ford, Director of Financial Services/Treasurer DATE: June 5, 2023 SUBJECT: 2023 Borrowing By -Law THAT the June 5, 2023, report titled, 2023 Borrowing By -Law, submitted by the Director of Financial Services/Treasurer to outline the need to maintain a credit facility be received and filed; and, THAT the amended accompanying Borrowing By -Law for 2023 be read for approval. INTRODUCTION: Section 407 of the Municipal Act 2001, S.O. 2001, c.25, provides authority for a Council, by By - Law, to authorize the head of Council and the Treasurer to borrow from time to time, by way of promissory note or bankers' acceptance, such sums as the Council considers necessary to meet the current expenses and other qualifying expenditures (as set forth in the said section 407 of the Act) of the Corporation until levies from local municipalities and other revenues are received. This report outlines the need for this By -Law to support the maintenance of our credit facility annually in order to provide business continuity. DISCUSSION: The County of Elgin has enacted a Borrowing By -Law in the past to enable potential borrowings of either a specified percentage or amount based on the current year revenue budget. The purpose of a blanket short-term Borrowing By -Law is to enable the County to meet current year obligations for short term purposes only. It is expected that any borrowing that takes place under this authority would be fully repaid within the same year when expected revenues are received. In the past several years, the County has experienced occasions where the need for the provisions offered by this By -Law were relevant from an emergency preparedness standpoint. The most notable occasion occurred during the Covid-19 pandemic. During the onset of the pandemic, the County extended the levy payment timeline in an effort to relieve financial pressures on our Local Municipal Partners related to paying the levy revenue to us quarterly. In turn, our Local Municipal Partners were able to offer ratepayers further time to pay property Page 48 of 135 K taxes and provided relief from the initial unknown financial stresses on households in the County during the state of emergency. The extension of the timelines had the potential to put the County in a position where we may have had need to borrow to meet our obligations between payment periods. However, ratepayers were able to meet their commitment to paying taxes on time which enabled our Local Municipal Partners to pay the levy to the County in the usual manner. As a result, the need to borrow during that time did not materialize. FINANCIAL IMPLICATIONS: It is prudent for us to maintain trusted working relationships with our employees, vendors, and partners. Our employees and vendors expect timely payment of payroll and invoices respectively so that the County is able to continue to deliver important services to our community such as Long -Term Care and Ambulance Services. From time to time, the County may experience extreme external events, pressures, or other emergency situations that may affect our receipt of revenue or expense timelines for a short period of time. In order to meet our payment obligations, and to ensure continuity of service, it is best practice to ensure that documentation with our banking partner is in place in advance of our need to borrow. Council approval of the Borrowing By -Law and Budget By -Law are the two pieces of documentation that our banking partner requires to ensure that our credit facility obligations are in place annually and in advance of our need. The Budget By -Law was approved earlier this year. The Borrowing By -Law, presented in this report, is an outstanding item that is required to be approved before our banking partner can formally authorize our credit facility. 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. 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 49 of 135 Additional Comments: K LOCAL MUNICIPAL PARTNER IMPACT: No immediate impact at this time. COMMUNICATION REQUIREMENTS: If approved, the Borrowing By -Law will be forwarded to our banking partner to enable us to fulfill the final obligation related to credit facility documentation that will place us in good standing with them should the need arise and be at the ready in case of emergency. Annually, the Borrowing By -Law is presented after the final budget is approved, in order to update the By -Law amounts to reflect the current year budget.. CONCLUSION: The County has not had the need to borrow for short-term purposes for many years but has maintained a credit facility with our banking partner over this time. From an emergency preparedness and best practice perspective, advanced planning enables the County to quickly pivot and lean on our ability to borrow immediately should the need arise. Staff recommend the continuation of the credit facility and that the Borrowing By -Law be approved in order to complete the documentation with our banking partner. All of which is Respectfully Submitted Jennifer Ford Director of Financial Services/Treasurer Approved for Submission Stephen Gibson Chief Administrative Officer (Acting) Page 50 of 135 REPORT TO COUNTY COUNCIL � FROM: Paul Clarke, Planning Technician and .......... f Secretary Treasurer of the Land Division Committee, and Tyson Edwards, GIS Technician °. .. Progfressive by Nature DATE: June 13, 2023 SUBJECT: Agricultural Impacts from Proposed Agricultural Lot Creation Changes to the Provincial Policy Statement RECOMMENDATIONS: THAT the report titled "Agricultural Impacts from Proposed Agricultural Lot Creation Changes to the Provincial Policy Statement" from the Elgin County Planning Technician and GIS Technician dated June 13, 2023 be received for information purposes. INTRODUCTION: On April 6, 2023 the Province released a proposed Provincial Policy Statement (PPS), 2023 alongside Bill 97 (which contains numerous legislative amendments to several Acts, including the Planning Act). The purpose of these changes is to assist the Province in achieving the Government's goal of building 1.5 million new homes in Ontario by 2031. The changes proposed to the PPS include significant amendments to the sections of the Policy that govern lot creation in agricultural areas, as well as the expansion of settlement areas. This report has been prepared as a supplementary report to the one presented by Acting Manager of Planning Paul Hicks, at the May 2nd Council meeting. In that report, Mr. Hicks summarized the proposed changes to the PPS, particularly how the amendments to the section governing lot creation in prime agricultural areas will affect planning within the County. At the request of the Western Ontario Warden's Caucus, and to further illustrate the concerns outlined by Mr. Hicks, this report has been prepared to show the potential impacts of new residential lot creation on existing farm operations in Elgin County. DISCUSSION: Elgin County is home to some of the highest quality agricultural land in the province. The County's Official Plan (OP) and the current version of the PPS protect the viability of farmland by generally restricting new lot creation on prime agricultural lands to: Page 51 of 135 a) new lots for agricultural uses; b) agriculture -related uses; and c) existing dwellings surplus to a farming operation. Currently, under both the PPS and OP, the creation of new residential lots is prohibited on agricultural lands. The proposed changes to the PPS will permit the creation of up to three residential lots on existing agricultural lots of record and prevent municipalities from enacting Official Plan policies which are more stringent than what the PPS permits, meaning Elgin County would be required to permit this lot creation regardless of whether County Council was of the opinion it would be appropriate. To assess the impacts of this proposed lot creation on Elgin County's farmland a spatial analysis was performed to estimate the number of potential lots that could be created, the total land mass of agricultural land that could potentially be lost, and the impacts of these changes on the potential expansion of existing livestock operations. Effects on Prime Agricultural Land The statistics presented below were obtained through the following methodology utilizing Geographic Information Systems (GIS) software: 1. Identification of all agricultural zoned lands in Elgin County. 2. Identification of properties with a minimum size of ten acres. 3. Multiplication of the remaining properties by three to estimate the total number of potential new lots as would be permitted under the proposed PPS. This analysis resulted in the table below, which shows a breakdown of the total new lots that could be created per local Municipality. Local Municipality Total Number of Eligible Ag Parcels (10+ acres) Potential New Lots if 3 per parcel is possible Bayham 798 2,394 Malahide 1,208 3,624 Central Elgin 751 2,253 Southwold 839 2,517 Dutton/Dunwich 813 2,439 West Elgin 1,007 3,021 Elgin County 5416 16,248 Page 52 of 135 Assuming an average lot size of 1.5 acres, this equates to the potential loss of 24,372 acres to residential lot creation, which is the equivalent to over one-third of Central Elgin's existing area. The liberalization of residential lot development in prime agricultural regions will have several implications: 1. Conflict with modern farming practices: The introduction of additional non -farming residents increases the likelihood of conflicts with farming operators, including complaints against normal farm practices. 2. Difficulty expanding existing livestock operations: Under provincial regulation, new residential lot creation restricts where new livestock can be established or expanded. 3. Shift focus of development away from settlement areas: Lot creation policies would direct growth away from serviced settlement areas that are best able to accommodate non -farming residents. 4. Greater demand for rural services: Municipalities may face increased pressure to provide enhanced rural services, including more frequent snow plowing, road maintenance, and emergency services, due to the expansion of residential development in rural areas. 5. Fragments Land at Urban Boundaries: It is likely that lot creation will cluster around the fringes of urban boundaries fragmenting future development areas and making future urban expansions more inefficient. 6. Potential Groundwater Impacts: Increased residential lot creation on private well and septic systems will require municipalities to more closely monitor impacts on groundwater from overuse and / or contamination, particularly in areas of Elgin County characterized by sandy soils. Effects on existing livestock operations To asses the impacts of residential lot creation staff randomly selected an agricultural area of the County with existing livestock operations in close proximity to each other. The area selected was in north Malahide Township bounded by Putnam Road, Pigram Line, Lyons Line, and Century Line. The results are attached to this report as Appendix 1. A series of 1.5-acre lots were created on existing agricultural lots. All potential lots comply with Minimum Distance Separation (MDS) I requirements from the surrounding livestock barns and manure facilities (where applicable). The MDS calculation was developed by the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) and is required for new lot creation within 750m of an existing livestock operation. The purpose of the MDS is to minimize conflicts between livestock operations, manure storage facilities, anerobic digesters, and sensitive land uses such as residential homes. Expansion of livestock facilities was assumed to occur with the following parameters: Page 53 of 135 1. The expansion would be roughly a similar floor area to existing structure(s) on the farm. 2. The new farm building would contain the same type of livestock as the existing barns. 3. Manure storage already provided on the farm would be adequate for the new barn. Based on these parameters, and using calculations from OMAFRA to establish the potential capacity of livestock barns, a buffer was created around each barn showing the calculated MDS II separation distance required. MDS II is required for any expansion of existing livestock operations or the construction of a new barn and provides the required minimum separation distance the new barn must be from existing sensitive land uses. As shown on Appendix 1, the presence of surrounding residential lots conflicts with the MDS II required separation distance and would restrict the expansion of the existing livestock facilities. FINANCIAL IMPLICATIONS: No direct financial implications to the County of Elgin. 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 54 of 135 LOCAL MUNICIPAL PARTNER IMPACT: This applies to all local municipalities. COMMUNICATION REQUIREMENTS: This information report should be circulated to all of the local municipalities. CONCLUSION: All of which is Respectfully Submitted Paul Clarke Planning Technician / Secretary Treasurer of the Land Division Committee Paul Hicks Acting Manager of Planning Reviewed and Approved for Submission Stephen Gibson Acting Chief Administrative Officer Page 55 of 135 an '.Progfressive by Nature ... RECOMMENDATION: REPORT TO COUNTY COUNCIL FROM: Paul Hicks, Acting Manager of Planning DATE: June 13, 2023 SUBJECT: Part of Clergy Reserve Lot `D', North of Lake Road, and Part of James Begg Lots 14 & 15, Registered Plan No. 20 (Middlesex), and Part of Road Allowance Between Lots 14 & 15 North of the Lake Rd, and all of Lot `T', Registered Plan No. 39, Geographic Twp of Southwold Applicant: Strik Baldinelli Moniz Owner: James Glover File No.: 34T-CE2102 1. THAT the Council of the Corporation of the County of Elgin grants draft plan approval to Draft Plan of Subdivision submitted by Strik Baldinelli Moniz on behalf of James Glover and dated August 4, 2022; and, 2. THAT staff be directed to provide notice of this decision subject to the conditions of final approval in accordance with the requirements of the Planning Act. INTRODUCTION: This report provides County Council with information required to consider granting approval to the above -noted plan of subdivision. In accordance with Section 51 of the Planning Act, the Council of the County of Elgin, as "Approval Authority," is required to make a decision which gives approves, or refuses to give approval to, a draft plan of subdivision. DISCUSSION: The County of Elgin is in receipt of a draft plan of subdivision application for the above noted lands in the community of Port Stanley. This application would facilitate the creation of a residential plan of subdivision composed of 70 single detached building lots and nine semi-detached building lots serviced by an internal road network and open space. Page 57 of 135 K The subject 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. Central Elgin staff have recommended approval Central Elgin Council who have subsequently endorsed the proposed plan of subdivision, along with associated conditions of approval. County staff have had the opportunity to review the subject 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 application meets all relevant requirements. Further, a series of conditions to the draft approval have been prepared to accompany the approval, should County Council deem it appropriate to approve, including conditions from: the Municipality of Central Elgin, Bell Canada, the County of Elgin, Canada Post, and Enbridge. FINANCIAL IMPLICATIONS: There are no identified direct financial implications to the County with respect to the approval of the application. 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. This plan will directly impact the Municipality of Central Elgin Page 58 of 135 K COMMUNICATION REQUIREMENTS: Notice of the decision will be sent out to all parties that requested notification, to the local municipality, and to any other person / body prescribed under the Planning Act. CONCLUSION: Based on the above analysis it is recommended that County Council provide draft plan approval to the subject application along with the associated conditions, as the application: • Is consistent with the Provincial Policy Statement; • Conforms to the County of Elgin, and Municipality of Central Elgin Official Plans; and • Constitute good planning and is in the public interest. All of which is Respectfully Submitted Reviewed and Approved for Submission Paul Hicks Acting Manager of Planning Stephen Gibson Acting Chief Administrative Officer Page 59 of 135 --------------..... o,.NM,L0060SI E �g IJ o W N W W iL" ] yo liR� `,.8Zg�mc>WkaWZ�Lu m�oow0 =��o Z't po Y mw LLJ Of JZ ¢� o z r �o gg h v " .oN OVOii /,1N(100 IIIW oa — � - 0 133b15 S i B iF �u u i a j � / r a lb�� i q c ran k . 44 oeOH GVOV - - r3nm «� nt;ot� rr311iN 3nw- II r 5107 N33M138 3,) PI NNM077H OY02J I 6£ 'oN Nb'7d o'•'r� iez, g� , p w 03X31S/032/ „b, N007e SN_aHSO AB 031VMO ,SONb7 — V78V 030001" AbIV7H „ a E Owner: James Glover Applicant: Strik Baldinelli Moniz File No.: 34T- CE2102 Municipality: Central Elgin Subject Lands: Pt of Clergy Reserve Lot `D' N of Lake Rd, and Part of James Begg Lots 14 & 15, Reg'd Plan No. 20 (Midd), and Pt of Rd Allowance Between Lots 14 & 15 North of the Lake Rd, and all of Lot `T', Reg'd Plan No. 39, Geographic Twp of Southwold Date of Decision: June 13, 2023 Date of Notice: ##### Last Date of Appeal: ##### Lapsing Date: June 13, 2026 NOTICE OF DECISION On Application for Approval of Draft Plan of Subdivision Subsection 51(37) of the Planning Act Approval of a Draft Plan of Subdivision in respect of the subject lands noted above was given by the County of Elgin on June , 2023. A copy of the conditions for final approval and the draft approved plan is attached. Council considered all written and oral submissions received on this application, the effect of which helped Council to make an informed decision. When and How to File an Appeal Notice to appeal the decision to the Ontario Land Tribunal (OLT) must be filed with the County of Elgin no later than 20 days from the date of this notice as shown above as the last date of appeal. The notice of appeal should be sent to the attention of the Manager of Planning, at the address shown below and it must, (1) set out the reasons for the appeal, and (2) be accompanied by the fee prescribed under the Ontario Land Tribunal Act in the amount of $400.00 (for individuals) and $1,100 (for corporations), payable by certified cheque to the Minister of Finance, Province of Ontario. Who Can File an Appeal Only individuals, corporations or public bodies may appeal the decision in respect of a proposed plan of subdivision to the Local Planning Appeal Tribunal. An appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or group. Right of Applicant or Public Body to Appeal Conditions The applicant or any public body may, at any time before the final plan of subdivision is approved, appeal any of the conditions imposed by the County of Elgin by filing with the Manager of Planning a notice of appeal. How to receive Notice of Changed Conditions The conditions of an approval of draft plan of subdivision may be changed at any time before the final approval is given. You will be entitled to receive notice of any changes to the conditions of approval of draft plan of subdivision if you have either, (1) made a written request to be notified of the decision, or (2) made a written request to be notified of changes to the conditions of approval of the draft plan of subdivision. Other Related Applications: Central Elgin Zoning By-law Amendment Getting Additional Information Additional Information about the application is available for public inspection during regular office hours at the County of Elgin at the address noted below. Mailing address for Filing a Notice of Appeal County of Elgin 450 Sunset Drive, 3rd Floor St. Thomas, ON N5R 5V1 Attention: County Solicitor Telephone: 519-631-1460 Fax: 519-633-7661 Email: nloeb@elgin.ca Page 61 of 135 Owner: James Glover Applicant: Strik Baldinelli Moniz File No.: 34T- CE2102 Municipality: Central Elgin Subject Lands: Pt of Clergy Reserve Lot `D' N of Lake Rd, and Part of James Begg Lots 14 & 15, Reg'd Plan No. 20 (Midd), and Pt of Rd Allowance Between Lots 14 & 15 North of the Lake Rd, and all of Lot `T', Reg'd Plan No. 39, Geographic Twp of Southwold Date of Decision: May 23, 2023 Date of Notice: ##### Last Date of Appeal: ##### Lapsing Date: May 23, 2026 The conditions and amendments to final plan of approval for registration of this Subdivision as provided by the County of Elgin are as follows: No. CONDITIONS This approval applies to the draft plan of subdivision, prepared by Callon Dietz, Ontario Land Surveyors and certified by Terry P. Dietz, Ontario Land Surveyor, dated August 4, 2022, which shows: • 70 single detached building lots (Lots 1-70) • 9 semi-detached building lots (Lots 71-79) • Open Space Blocks (Blocks 82, 83, 87, and 88) • Walkway Blocks (Blocks 84, 85, 86, and 90) • Future Roadway Block (Block 89) • Public Roadways 2. This approval applies for three years, and if final approval is not given by that date, the draft approval shall lapse, except in the case where an extension has been granted by the County of Elgin. 3. The owner enters into a subdivision 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 roads, sanitary sewage collection system, water distribution system, utilities and storm water management facilities for the development of the lands within the plan. 4. The subdivision agreement be registered against the lands to which it applies once the plan of subdivision has been registered. 5. The subdivision agreement, where required, shall contain a provision, prepared to the satisfaction of the municipality, regarding the phasing or timing of the development. 6. The owner provides 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. K Page 62 of 135 Owner: James Glover Applicant: Strik Baldinelli Moniz File No.: 34T- CE2102 Municipality: Central Elgin Subject Lands: Pt of Clergy Reserve Lot `D' N of Lake Rd, and Part of James Begg Lots 14 & 15, Reg'd Plan No. 20 (Midd), and Pt of Rd Allowance Between Lots 14 & 15 North of the Lake Rd, and all of Lot `T', Reg'd Plan No. 39, Geographic Twp of Southwold Date of Decision: May 23, 2023 Date of Notice: ##### Last Date of Appeal: ##### Lapsing Date: May 23, 2026 7. The road allowances included in this draft plan shall meet the standards of the Municipality and be shown and dedicated as public highways on the final plan submitted for approval and registration. 8. The streets within the draft plan of subdivision shall be named to the satisfaction of the Municipality of Central Elgin. 9. The owner shall provide a storm water management report satisfactory to the Municipality based on the report, Functional Servicing Report for Kettle Creek Subdivision (Strathroy Turf Farms Inc.), 37719 Lake Line, Port Stanley ON, Strik Baldinelli Moniz, December 2022 the development agreement between the owner and the Municipality including provisions regarding the development, implementation, installation, dedication and maintenance of the storm water management facilities. 10.The appropriate zoning is in place for the development. 11.The subdivision agreement between the owner and the Municipality shall contain a provision requiring the owner to install geodetic monuments within the subdivision. The number, specifications and location of the monuments are to be approved by the Director of Asset Management and Development Services prior to final approval and registration. 12.The subdivision agreement between the owner and the Municipality shall contain provisions requiring the implementation of the recommendations of the environmental impact study (EIS) reports, Environmental Impact Study (EIS) Report, James Glover (Below -Me Developments), 37719 Lake Line Road, Port Stanley, MTE Consultants, July 29, 2022 MTE File No. 48957-100. 13.The subdivision agreement between the owner and the Municipality shall contain provisions requiring the implementation of the recommendations of the reports, Strathroy Turf Farm Ltd., Kettle Creek Golf and Country Club Development, Preliminary Geotechnical Investigation, September 18, 2014, EXP, LON-0013222- GE and Strathroy Turf Farm Ltd., Kettle Creek Golf and Country Club Development, Supplementary Geotechnical Investigation, April 9, 2015, EXP, LON-0013222-GE, and Strathroy Turf Farm Ltd., Kettle Creek Golf and Country Club Development, Slope Assessment, April 7, 2022, EXP, LON-22006266-AO 14.The subdivision agreement between the owner and the Municipality shall contain 3 Page 63 of 135 Owner: James Glover Applicant: Strik Baldinelli Moniz File No.: 34T- CE2102 Municipality: Central Elgin Subject Lands: Pt of Clergy Reserve Lot `D' N of Lake Rd, and Part of James Begg Lots 14 & 15, Reg'd Plan No. 20 (Midd), and Pt of Rd Allowance Between Lots 14 & 15 North of the Lake Rd, and all of Lot `T, Reg'd Plan No. 39, Geographic Twp of Southwold Date of Decision: May 23, 2023 Date of Notice: ##### Last Date of Appeal: ##### Lapsing Date: May 23, 2026 provisions requiring the implementation of the recommendations of the report, Strathroy Turf Farms, Kettle Creek Subdivision, 37719 Lake Line, Port Stanley, Transportation Impact Study, Strik Baldinelli Moniz, October 2021, SBM-18-0530. 15.The subdivision agreement between the owner and the Municipality contain provisions requiring: a) The owner to include a statement informing the persons who first purchase a unit following final approval of all the approved development charges, including development charges for school purposes, relating to any such unit within the draft plan of subdivision pursuant to Section 59(4) of the Development Charges Act. 1997; b) 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 c) 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 of a front -ending agreement under section 44 of such Act, which by-law and agreement relate to the necessary services. 16.That prior to final approval, the Municipality shall confirm that there is uncommitted reserve sewage and water treatment capacity to service the development and that the proposed arrangements for stormwater management are acceptable and can be assumed by the Municipality. 17.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 and the County 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. 18.The owner conveying up to 5% of the land included in the plan to the Municipality for park or other public recreation purposes or alternatively the Municipality may require C! Page 64 of 135 Owner: James Glover Applicant: Strik Baldinelli Moniz File No.: 34T- CE2102 Municipality: Central Elgin Subject Lands: Pt of Clergy Reserve Lot `D' N of Lake Rd, and Part of James Begg Lots 14 & 15, Reg'd Plan No. 20 (Midd), and Pt of Rd Allowance Between Lots 14 & 15 North of the Lake Rd, and all of Lot `T, Reg'd Plan No. 39, Geographic Twp of Southwold Date of Decision: May 23, 2023 Date of Notice: ##### Last Date of Appeal: ##### Lapsing Date: May 23, 2026 cash in lieu of all or a portion of the conveyance. 19.The subdivision agreement shall acknowledge and require the owner to convey any easements as deemed necessary by any telecommunications operator to service this new development at no cost to said operator. 20. The subdivision agreement shall require that should any conflict arise with existing telecommunications 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. 21.The subdivision agreement shall require that the owner provide Enbridge with any necessary easements and/or agreements required by Enbridge for the provision of gas services for this project. 22.The subdivision agreement shall require the Owner to fund a portion of the ultimate required infrastructure, to implement the recommended improvements to the County's intersection of Colbourne / Warren Roads and include a 30 m northbound left turn lane, a 40 m eastbound left turn lane and traffic signals as detailed in Strathroy Turf Farms, Kettle Creek Subdivision, 37719 Lake Line, Port Stanley, Transportation Impact Study, Strik Baldinelli Moniz, October 2021, SBM-18-0530. 23. The subdivision agreement shall require that the owner consult with Canada Post to determine suitable permanent locations for the Community Mail Boxes and these will then be indicated on the appropriate servicing plans. 24. The subdivision agreement shall require the owner, prior to offering any units for sale/rent, to display a map on the wall of the sales office in a place readily accessible to potential owners/renters that indicates the location of all Community Mail Boxes within the development, as approved by Canada Post. 25. The subdivision agreement shall require the owner to include, in all offers of purchase / rental, a statement which advises the purchaser/renter that mail will be delivered via Community Mailbox and also notes the locations of all Community Mail Boxes within the development, and to notify affected owners/renters of any established easements granted to Canada Post to permit access to the Community Mailbox. 26. The subdivision agreement shall require the owner to provide a suitable and safe temporary site for a Community Mailbox until curbs, sidewalks and final grading are 5 Page 65 of 135 Owner: James Glover Applicant: Strik Baldinelli Moniz File No.: 34T- CE2102 Municipality: Central Elgin Subject Lands: Pt of Clergy Reserve Lot `D' N of Lake Rd, and Part of James Begg Lots 14 & 15, Reg'd Plan No. 20 (Midd), and Pt of Rd Allowance Between Lots 14 & 15 North of the Lake Rd, and all of Lot `T, Reg'd Plan No. 39, Geographic Twp of Southwold Date of Decision: May 23, 2023 Date of Notice: ##### Last Date of Appeal: ##### Lapsing Date: May 23, 2026 completed at the permanent Community Mailbox locations. Canada Post will provide mail delivery to new residents/tenants as soon as the homes/businesses are occupied. 27. The subdivision agreement shall require the owner to provide the following for each Community Mailbox site and to include these requirements on the appropriate servicing plans: • Any required walkway across the boulevard, per municipal standards; • Any required curb depressions for wheelchair access, with an opening of at least two to three metres (consult Canada Post for detailed specifications); and • A Community Mailbox concrete base pad per Canada Post specifications. 28.That prior to final approval of the plan of subdivision, the Municipality of Central Elgin shall advise in writing how conditions 1 to 18 have been satisfied. 29.That prior to final approval of the plan of subdivision, Bell Canada shall advise in writing how conditions 19 to 20 have been satisfied. 30.That prior to final approval of the plan of subdivision, Enbridge shall advise in writing how condition 21 has been satisfied. 31.That prior to final approval of the plan of subdivision, County of Elgin shall advise in writing how condition 22 has been satisfied. 32.That prior to final approval of the plan of subdivision, Canada Post shall advise in writing how condition 23 to 27 have been satisfied. NOTES TO DRAFT APPROVAL: 1. It is the owner's responsibility to fulfill the conditions of draft approval. 2. It is suggested that the applicant be aware of section 144 of the Land Titles Act and subsection 78(10) of the Registry Act. Subsection 144 (1) of the Land Titles Act requires that a plan of subdivision of land that is located in a land titles division be registered under the Land Titles Act. Exceptions to this provision are set out in subsection 144(2). Subsection 78(10) of the Registry Act requires that a plan of subdivision of land that C: Page 66 of 135 Owner: James Glover Applicant: Strik Baldinelli Moniz File No.: 34T- CE2102 Municipality: Central Elgin Subject Lands: Pt of Clergy Reserve Lot `D' N of Lake Rd, and Part of James Begg Lots 14 & 15, Reg'd Plan No. 20 (Midd), and Pt of Rd Allowance Between Lots 14 & 15 North of the Lake Rd, and all of Lot `T', Reg'd Plan No. 39, Geographic Twp of Southwold Date of Decision: May 23, 2023 Date of Notice: ##### Last Date of Appeal: ##### Lapsing Date: May 23, 2026 is located only in a registry division cannot be registered under the Registry Act unless that title of the owner of the land has been certified under the Certification of Titles Act. Exceptions to this provision are set out in clauses (b) and (c) of subsection 78(10). 3. The owner is advised that in the event that deeply buried archaeological remains should be discovered during construction, it is recommended that archaeological staff of the Ontario Ministry of Tourism, Culture and Sport be notified immediately. Similarly, in the event that human remains should be encountered during construction, it is recommended that the proponent immediately notify the Ontario Ministry of Tourism, Culture and Sport and the Registrar of the Cemeteries Regulation Unit of the Cemeteries Branch. 4. The Ontario Land Surveyor responsible for preparing the final plan for registration should contact the Municipality of Central Elgin regarding the preparation of the final plan to ensure the requirements of draft approval are properly addressed in the preparation of the final plan and that the final plan prepared contains sufficient geodetic information to locate the plan within the UTM Coordinate System, North American Datum 1983, prior to submitting the plan for final approval. A digital copy of the final plan, in a form satisfactory to the Municipality of Central, is required as part of the final plan submission. 5. Inauguration, or extension of a piped water supply, a sewage system or a storm drainage system, is subject to the approval of the Ministry of the Environment under Sections 52 and Section 53 of the Ontario Water Resources Act. 6. The owner is hereby advised that the review of this plan of subdivision did not include groundwater, soil or atmosphere testing to fully discount the possibility that waste materials and/or other contaminants are present within or in close proximity to this subdivision. If either the owner or the Municipality requires such assurance before proceeding with this plan of subdivision, a team of consultants should be retained to conduct any necessary investigations. 7. The Ministry of the Environment, Conservation and Parks must be advised immediately should waste materials or other contaminants be discovered during the development of this plan of subdivision. If waste materials or contaminants are discovered, a further approval under Section 46 of the Environmental Protection Act may be required from that Minister. 7 Page 67 of 135 Owner: James Glover Applicant: Strik Baldinelli Moniz File No.: 34T- CE2102 Municipality: Central Elgin Subject Lands: Pt of Clergy Reserve Lot `D' N of Lake Rd, and Part of James Begg Lots 14 & 15, Reg'd Plan No. 20 (Midd), and Pt of Rd Allowance Between Lots 14 & 15 North of the Lake Rd, and all of Lot `T, Reg'd Plan No. 39, Geographic Twp of Southwold Date of Decision: May 23, 2023 Date of Notice: ##### Last Date of Appeal: ##### Lapsing Date: May 23, 2026 8. The owner is advised that if any unplugged petroleum wells or associated works are identified during the development of the site, the owner shall notify the Petroleum Resources Centre of the Ministry of Natural Resources and Forestry. The owner shall plug the wells and rehabilitate the surface according to the Provincial Standards of the Oil, Gas and Salt Resources Act. The Ministry of Natural Resources and Forestry recommends that no structures be built immediately over a plugged petroleum well. 9. The owner is advised to contact Bell Canada at: planninganddevelopment@bell.ca during the detailed utility design stage to confirm the provision of communications / telecommunications infrastructure needed to service the development. 10. It shall be noted that it is the responsibility of the owner to provide entrance/service duct(s) from Bell Canada's existing network infrastructure to service the approved draft plan of subdivision. If no such network infrastructure exists, in accordance with the Bell Canada Act, the owner may be required to pay for the extension of such network infrastructure. If the owner elects not to pay for the above noted connection, Bell Canada may decide not to provide service to this development. 11. Canada Post will provide mail delivery service to this development through centralized Community Mailboxes (CMBs) unless. 12. If the development includes plans for (a) multi -unit building(s) with a common indoor entrance, the developer must supply, install and maintain the mail delivery equipment within these buildings to Canada Post's specifications. If there are over 100 units, a mail room will be required. 13. Please provide Canada Post with the excavation date for the first foundation/first phase as well as the date development work is scheduled to begin so that we can plan for equipment. Finally, please provide the expected installation date(s) for the CMB(s). 14. It is noted that the subject lands are affected by regulations enacted under Section 28 of the Conservation Authorities Act, whereby written permission is required of Kettle Creek Conservation Authority prior to any development and/or alteration upon the property. Page 68 of 135 Owner: James Glover Applicant: Strik Baldinelli Moniz File No.: 34T- CE2102 Municipality: Central Elgin Subject Lands: Pt of Clergy Reserve Lot `D' N of Lake Rd, and Part of James Begg Lots 14 & 15, Reg'd Plan No. 20 (Midd), and Pt of Rd Allowance Between Lots 14 & 15 North of the Lake Rd, and all of Lot `T, Reg'd Plan No. 39, Geographic Twp of Southwold Date of Decision: May 23, 2023 Date of Notice: ##### Last Date of Appeal: ##### Lapsing Date: May 23, 2026 15. It is suggested that the Municipality register the subdivision agreement as provided by subsection 51(26) of the Planning Act, against the land to which it applies, as notice to prospective purchasers. 12. Clearances are required from the following agencies: Clerk Municipality of Central Elgin 450 Sunset Drive, St. Thomas, ON N5R 5V1, Analyst Land Support Enbridge Gas Inc. 50 Keil Drive North Chatham, ON N7M 5M1 Manager — Planning & Development Network Provisioning Bell Canada 1 Carrefour Alexander Graham Bell Montreal, QC H3E 3133 Director of Engineering County of Elgin 450 Sunset Drive St. Thomas, ON N5R 5V1 Delivery Services Officer Delivery Planning Canada Post Corporation 955 Highbury Ave London, ON N5Y 1A3 If the agency's condition concerns a clause in the subdivision agreement, a copy of the agreement should be sent to them. This will expedite clearance of the final plan. A copy of the agreement is also required by the County of Elgin. 13. All measurements on subdivision and condominium final plans must be presented in metric units. X Page 69 of 135 Owner: James Glover Applicant: Strik Baldinelli Moniz File No.: 34T- CE2102 Municipality: Central Elgin Subject Lands: Pt of Clergy Reserve Lot `D' N of Lake Rd, and Part of James Begg Lots 14 & 15, Reg'd Plan No. 20 (Midd), and Pt of Rd Allowance Between Lots 14 & 15 North of the Lake Rd, and all of Lot `T', Reg'd Plan No. 39, Geographic Twp of Southwold Date of Decision: May 23, 2023 Date of Notice: ##### Last Date of Appeal: ##### Lapsing Date: May 23, 2026 The final plan must be submitted digitally in AutoCAD (DWG) and Portable Document Format (PDF) with the appropriate citation from the Planning Act used. The AutoCAD (DWG) file must be consistent with the following standards: • Georeferenced to the NAD83 UTM Zone 17M coordinate system. • All classes of features must be separated into different layers. Each layer should be given a descriptive name so that the class of feature it contains is recognizable. The final plan approved by the County of Elgin must include the following paragraph on all copies (3 mylars and 4 paper) for signature purposes: Approval Authority Certificate This final plan of subdivision is approved by the County of Elgin under Section 51 (58) of the Planning Act, R. S. O. 1990, on this day of 20 Manager of Planning 14. The approval of this draft plan of subdivision File No. 34T-CE2102 will lapse on June 13, 2026, pursuant to subsection 51(32) of the Planning Act, as amended. It is the responsibility of the owner to request an extension of the draft approval if one is needed. A request for extension should be made at least 60 days before the approval lapses since no extension can be given after the lapsing date. The request should include the reasons why an extension is needed and a resolution in support of the extension from Council of the Municipality of Central Elgin. 15. The final plan approved by the County of Elgin must be registered within 30 days or the County may withdraw its approval under subsection 51(59) of the Planning Act. 10 Page 70 of 135 '.Progfressive by Nature ... RECOMMENDATION: 1 REPORT TO COUNTY COUNCIL FROM: Paul Hicks, Acting Manager of Planning DATE: June 13, 2023 SUBJECT: Revised Exemption from Draft Plan Approval for Plan of Condominium, Block 65, Plan 11 M-241, Part of Lot 1, Concession 1, Geographic Village of Port Stanley, Municipality of Central Elgin Applicant: CJDL Engineering Owner: Domus Developments (London) Inc. File No.: 34CD-CE2202 THAT the Council of the Corporation of the County of Elgin grants, in accordance with Section 9 of the Condominium Act, an exemption to draft plan approval for a draft plan of a phased condominium on Block 65, Plan 11 M-241, Part of Lot 1, Concession 1, Geographic Village of Port Stanley, Municipality of Central Elgin for lands contained in Block 65 for the development of a further 16 units; and, THAT staff be directed to prepare and issue a certificate of exemption, and sign and submit the final plans to the Land Registry Office in accordance with the requirements of the Planning Act and Condominium Act. INTRODUCTION: This report will provide County Council with information required to consider issuing a final approval to the abovementioned plan of condominium. Under Section 9 of the Condominium Act, plans of condominium are subject to the same legislated criteria as plans of subdivision outlined under Sections 51 and 51.1 of the Planning Act. However, there are some condominium cases where all relevant planning considerations have already been reviewed and/or found acceptable under a previously completed planning process such as official plan/zoning by-law amendments, or site plan control. In these cases, subsection 9(6) of the Condominium Act allows for the owner to make an application to have the description or any part of the description for a condominium exempted from the provisions of Sections 51 and 51.1 of the Planning Act. In accordance with subsection 9(7) of the Condominium Act, the County, as approval authority, may grant an exemption if it believes the exemption is appropriate in the circumstances. Page 71 of 135 K DISCUSSION: In November 2022, County Council granted a final approval to the first phase of the above -noted phased condominium in Port Stanley through the `exempted approval' provisions of Section 9 of the Condominium Act and are now applying to have the second phase exempted for final approval to develop an additional 16 units. To grant an exemption to the draft approval process requires that: • a development agreement or site plan agreement be in place with the local municipality; • appropriate zoning is in place for the subject lands; • a resolution has been passed in support of the proposed condominium; and • there are no other outstanding matters related to the development that have not been addressed through either zoning or the development agreement. To that end, the owners obtained site plan approval from the Municipality of Central Elgin (By-law No. 2569) in 2021 for the entire development of 52 townhouse dwelling units on the subject lands. As part of this approval, a site plan agreement was executed between the Municipality and owner and registered against the subject lands outlining the obligations associated with the development. As part of the site plan approval process, relevant planning considerations have already been reviewed and/or found acceptable to the Municipality. Further it has been confirmed in writing by Central Elgin staff that a resolution has been passed by Council in support of the proposed development and that appropriate zoning is in place and finally, municipal staff have confirmed that there are no other outstanding issues at the local level that would preclude the County granting the request exemption. FINANCIAL IMPLICATIONS: No direct financial implications to the County of Elgin have been identified. Page 72 of 135 K 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. The Municipality of Central Elgin will be impacted by this application. COMMUNICATION REQUIREMENTS: No notice is required pursuant to the Condominium Act for exemptions from draft plan approval. Notwithstanding this, if approved, County staff will prepare and issue a Certificate of Exemption to be provided to the owner. Further, County staff will sign and submit the final plans to the Land Registry Office in accordance with the requirements of the Planning Act and Condominium Act. CONCLUSION: Based on the above analysis it is recommended that County Council grant an exemption to the draft plan approval of the subject application for plan of condominium as the application: • Meets the requirements of the Planning Act and Condominium Act; • Is consistent with the Provincial Policy Statement; • Conforms to the Official Plans of the County of Elgin and Municipality of Central Elgin, and the Zoning By-law of the Municipality of Central Elgin; and • Constitutes good planning and is in the public interest. Page 73 of 135 All of which is Respectfully Submitted Paul Hicks Acting Manager of Planning Approved for Submission Stephen Gibson Acting Chief Administrative Officer CI Page 74 of 135 EIg� Flrof ressfve by Nature File No.: 34CD-CE2202 Date: June 13, 2023 Municipality: Municipality of Central Elgin Subject Land: 63 Compass Trail, Units 24-39 Legal Desc.: Block 65, Plan 11 M-241, Part of Lot 1, Concession 1, former Village of Port Stanley Applicant: CJDL Engineering Ltd. on behalf of Domus Developments (London) Inc. CERTIFICATE OF EXEMPTION WHEREAS this certificate is issued pursuant to the requirements of subsection 9(3) of the Condominium Act, 1998, S.O. 1998, c. 19. WHEREAS this certificate applies to Draft Plan of Phased Condominium, on Part of Block 65, Plan 33M-603, in the former Village of Port Stanley (now the Municipality of Central Elgin), County of Elgin, prepared by Archibald, Gray, & McKay Ltd. and dated June 1, 2023. AND WHEREAS the Council of the Corporation of the County of Elgin granted approval for an exemption to draft plan approval for the draft plan of condominium described above on June 13, 2023. NOW THEREFORE this certificate hereby certifies that above -noted plan is exempted under subsection 9(3) of the Condominium Act, 1998, from those provisions of sections 51 and 51.1 of the Planning Act this 13t" day of June, 2023. Stephen Gibson, Acting Chief Administrative Officer, County of Elgin Page 75 of 135 I ITT ZO < 2i TT 4o AP lo o z z H 0 1 H I z '.Progfressive by Nature ... RECOMMENDATIONS: 1 REPORT TO COUNTY COUNCIL FROM: Paul Hicks, Acting Manager of Planning DATE: June 13, 2023 SUBJECT: Municipality of Bayham Official Plan Amendment No. 31, Concession 8, Part of Lot 20, Registered Plan 11 R-7041; Part 2, (10729 Plank Road), Municipality of Bayham. Applicant: Cyril J. Demeyere Ltd. Municipality: Township of Bayham Owner: Blayne & Kelsey Thompson File No.: BA OPA 1-23 1. THAT the Council of the Corporation of the County of Elgin approves, as modified, Official Plan Amendment No. 31 to the Official Plan of the Municipality of Bayham; and 2. 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 Bayham has adopted an amendment to their official plan, known as Official Plan Amendment Number 31 (OPA No. 31) and they have subsequently forwarded the amendment to the County of Elgin for approval (see attached). 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 to make a decision on the adopted amendment. DISCUSSION: OPA No. 31 was adopted by Bayham Council on April 20, 2023 (By-law No. 2023-029). The purpose of the amendment is to permit the construction of a new 560 m2 Page 79 of 135 K building for a mechanical services business on lands designated `Estate I The proposal has proceeded through the standard application process, including the preparation, review, and acceptance required technical studies and reports, as well as a technical circulation to statutory review agencies. A Public meeting required under the Planning Act was subsequently held prior to Municipal Council's adoption of OPA No. 31. Two letters of support from neighbouring property owners were received, while no concerns were raised by members of the public or commenting agencies. Municipal staff did not support the proposed amendment on the grounds that it was not appropriate use of the lands. County staff have had the opportunity to review the proposal and associated materials against the requirements of the Planning Act, the Provincial Policy Statement, the County Official Plan, and Township of Malahide Official Plan, and are satisfied that the proposal meets all relevant requirements. While the proposed amendment does not conflict with the County Official Plan, County Staff are recommending a modification to the proposed OPA. As adopted, the OPA would re -designate the lands from the current `Estate Residential' designation to an `Industrial' designation which would potentially establish wider industrial use of the lands than that contemplated by Bayham Council, and could restrict residential uses in the surrounding `Estate Residential' designation. As such, County Staff are recommending that the adopted OPA be modified by deleting the adopted new Subsection 3.1.9.4 and replacing it with a new Subsection 3.3.5 "Specific Policy Area No. 5" to permit the proposed industrial use within the existing `Estate Residential' designation. The adopted land use schedule and remaining text of the adopted OPA would also be modified, as required, to reflect these changes. Municipal staff have had the opportunity to review the proposed modifications and have advised they do not take issue with changes. FINANCIAL IMPLICATIONS: There are no identified direct financial implications to the County with respect to the approval of the proposal. ALIGNMENT WITH STRATEGIC PRIORITIES: Page 80 of 135 gyring 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 amendment will directly impact the Municipality of Bayham COMMUNICATION REQUIREMENTS: The Notice of Decision will be sent to the applicant, Municipality of Bayham and those prescribed under the Planning Act. CONCLUSION: Based on the above analysis it is recommended that County Council approve, as modified, OPA No. 31 of the Official Plan of the Municipality of Bayham, as the modified amendment: • Is consistent with the Provincial Policy Statement; • Conforms to the County of Elgin, and Township of Malahide Official Plans; and • Constitutes good planning and is in the public interest. All of which is Respectfully Submitted Paul Hicks Acting Manager of Planning Approved for Submission Stephen Gibson Acting Chief Administrative Officer K Page 81 of 135 DECISION With respect to Official Plan Amendment No. 31 to the Official Plan of the Municipality of Bayham under 17(34) of the Planning Act I hereby modify approve Official Plan Amendment No. 31 to the Municipality of Bayham Official Plan adopted by By-law No. 23-029. Dated at the County of Elgin this 13t" day of June 2023. Acting Chief Administrative Officer, County of Elgin Page 82 of 135 AMENDMENT NUMBER 31 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM SUBJECT: Blayne and Kelsey Thompson 10729 Plank Road The following text constitutes Amendment Number 31 to the Official Plan of the Municipality of Bayham Page 83 of 135 OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM THIS Amendment was adopted by the Council of the Corporation of the Municipality of Bayham by By-law No. 2023-029, in accordance with Section 17 of the PLANNING ACT, on the 20th day of April 2023. MAYOR CLERK Page 84 of 135 BY-LAW NO. 2023-029 THE Council of the Corporation of the Municipality of Bayham, in accordance with the provisions of the PLANNING ACT, hereby enacts as follows: 1) THAT Amendment No. 31 to the Official Plan of the Municipality of Bayham is hereby adopted. 2) THAT the Clerk is hereby authorized and directed to make an application to the County of Elgin for approval of the aforementioned Amendment No. 31 to the Official Plan of the Municipality of Bayham. 3) THAT no part of this By-law shall come into force and take effect until approved by Elgin County. ENACTED AND PASSED this 20th day of April 2023. MAYOR CLERK Page 85 of 135 OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM AMENDMENT NO. 31 1. PURPOSE The purpose of the Official Plan Amendment is to change the designation of the subject lands from Estate Residential to ,,,,,S, e i ,q , �afigy, ,r , a 1r -by changing the symbol on Schedule Al: Municipality of Bayham: Land Use from Estate Residential to �jpeclflc Polley Area No„ 5 1n rig ato permit mechanical services warehouse and office use and accessory residential use, subject to Zoning By-law Amendment and Site . Plan Approval, by adding new Subsection 3,,,,,,,,,35 ,,,,,,,, .. The Official Plan Amendment would require Zoning By-law Amendment to change the zoning from "Estate Residential (ER)" to "site -specific a .l.....tJ..I. (,., xx)" zone to permit mechanical services warehouse and office use and accessory residential use; and to permit reduced rear yard setback of 6.0 metres (19.7 ft) whereas 10.0 metres (32.8 ft) is the permitted minimum for the proposed building, in Zoning By-law Z456-2003. 2. LOCATION The Official Plan Amendment will be applicable to lands known as CON 8 PT LOT 20 RP 11R7041; PART 2 and known municipally as 10729 Plank Road (County Road 19). 3. BASIS OF THE AMENDMENT The subject lands are characterized as a commercial/industrial and residential parcel of land comprising a dwelling, accessory building and mechanical services business office and warehouse (to be developed) with floor area of 560 square metres. The dwelling is serviced by private water and sewer services and the proposed warehouse and office building would share the existing well and have a separate septic system installed for employee washrooms. The subject lands are located on the west side of Plank Road, north of Maple Grove Line. The property has lot frontage of 365.19 m (1,198 ft) and varying lot depth, with two existing driveway accesses to Plank Road, one devoted to residential and one devoted to the business. Surrounding uses are agricultural to the west and in the surrounding area; residential to the north and south; and residential and industrial to the east. There is a former railway Page 86 of 135 corridor abutting to the west. The residential uses consist of several single -detached dwelling uses along Plank Road and Maple Grove/Howey Line. The industrial use comprises an automotive repair and sales business. The Provincial Policy Statement, 2020 permits other rural land uses which provide economic opportunity on rural lands where they use is compatible with surrounding uses. The Elgin County Official Plan recognizes that certain lands outside of settlement areas have been designated for nonagricultural development by the lower tier Official Plans and these lands are deemed to not be within the prime agricultural area and are instead subject to the relevant policies of this Plan and the policies of the lower tier Official Plan, due to the existing non -resource designation of the lands. The proposed amendment is consistent to the PPS and in conformity to the Elgin County Official Plan. The Bayham Official Plan permits limited non -resource use in the rural area subject to Official Plan Amendment and Zoning By-law Amendment and other applicable policies of the Official Plan. The proposed amendment is in conformity to the Official Plan. The proposed Zoning By-law Amendment would bring the subject lands into conformity to the Official Plan. 4. DETAILS OF THE AMENDMENT a) Section 3.1 9 of the Official Plan of the Municipality of Bayham is hereby amended to add the following subsection: 3.3.E . In accordance to Section 3.1.9.2 the establishment of industrial land uses in the rural area outside of the Bayham Industrial Park are permitted subject to Official Plan and Zoning By-law Amendment, the subject lands located at CON 8 PT LOT 20 RP 11 R7041; PART 2 and municipally known as 10729 Plank Road (County Road 19) are permitted to use the lands for mechanical services business office and warehouse industrial use, which use shall be permitted specific to the subject lands in the Zoning By-law prior to permit the use and Site Plan Approval being obtained to permit the proposed use. The lands subject to this Amendment as designated "S e f......H y„ r ........... 4 " may be used, developed, and zoned to permit the mechanical services office and warehouse use in aee 3...1.... che p ,c�,�, f �,�a,0,,,,,,f�a,,,,,,t,,,,,,,,rj, f�,,f b) Schedule "Al": Land Use of the Official Plan of the Municipality of Bayham is hereby amended by replacing the Estate Residential use symbol with the .q. � S f, ,, N„�, y, ,r..e a , „oa,,,,...... 5..use colour as shown and marked as added on the attached Schedule "Al", which shall constitute part of this amendment. Page 87 of 135 Page 88 of 135 'NIKO, H.0 P 7 Felrruar,, 2019 f See SVF11ed.i illage of �Y a So. serned.l. C �!:'. de ,%All age or I Marine Se. Sch.dul. 0 Village of F. rl Burwell W723M OFFICIAL PLAN OF THE MUNICIPALITY of BAYHAM SCHEDULE"Al" MUNICIPALITY OF BAYHAM: LAND USE A SPECIFIC AREA NO, "RI lV, 0.11IFICIAILIPILAN 31 1q, U � LANIDS C11 lANGII:.:I: S .. ............................................................................. ............ E.� : : 1) E!!.3L.9h��...'11:::,SAll:::..IRLII:::Sllll:)11:::N�IIAII..' TO ............................. ........................................................................ T F111:.C.✓111.R.1l::0 5..'. . ... ..F.I.C .. .. .... .... .... ....ISt�l,ll.. .... . . A... ... .. ..:A.. . .N... ... .... I Resource Uses Agriculture Nai Heritage 2 Mineral Aggregate 1sr t Resource Area Natural Gas Reservoir ag§RWri; Uses/ 1 Sipecifilc Land Use Policies 2 1/ Estate Residential Mobile Home Parks Seasonal! ""ra,,el Trailer and Campgrounds EM Instill Commercial, Highway Cc ninneircial Rec�reahoual Industrial EM Con5e,"iijon Lands . . ..... .. . Lbonced Pit$ lurid Qmar,ies Specific Policy Areas Hamlets A, Base Feai ures Provincial Highway 3 County Roads Local Roads Railay vvateroourse I Shoreline Kilometreg 1 73,592 Schedule 'All forms part of Official Plan of the Municipality of Bayinam and must be read m ocu)—flor, Will the inflitien text. Page 89 of 135 '.Progfressive by Nature ... RECOMMENDATIONS: REPORT TO COUNTY COUNCIL FROM: Paul Hicks, Acting Manager of Planning DATE: June 13, 2023 SUBJECT: Municipality of Bayham Official Plan Amendment No. 32, Concession 10, Part Lot 21, RP 11 R-0370; Part 2 (14077 Bayham Drive), Municipality of Bayham. Applicant: LandPro Planning Solutions Inc. Municipality: Municipality of Bayham Owner: Arie and Christina Schep File No.: BA OPA 2-23 1. THAT the Council of the Corporation of the County of Elgin may approve Official Plan Amendment No. 32 to the Official Plan of the Municipality of Bayham; and 2. 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 Bayham has adopted an amendment to their official plan, known as Official Plan Amendment Number 32 (OPA No. 32) and have subsequently forwarded the amendment to the County of Elgin for approval (see attached). 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 to make a decision on the adopted amendment. DISCUSSION: OPA No. 32 was adopted by Municipal Council on April 20, 2023 (By-law No. 2023- 030). The purpose of the amendment is to modify Section 2.1.5 of the Municipality's OP to add a new section containing a site -specific permission for an electrical services Page 90 of 135 be established as an on -farm diversified use within a building no larger than amendment also includes a proposed redesignation of the lands from "Agriculture" to "Site Specific Agriculture" to accommodate the modifications above. this case the applicant had proceeded with construction of the proposed use (and a single detached dwelling) in advance of obtaining required planning and building permissions, and the proposed OPA has been submitted part of a process by the applicant to `legalize' the use of the property. In The proposal proceeded through the standard application process, including the preparation, review, and acceptance required technical studies and reports, as well as a technical circulation to statutory review agencies. A public meeting required under the Planning Act was subsequently held prior to Municipal Council's adoption of OPA No. 32. It should be noted that Municipal Staff recommended refusal of the proposed amendment on the basis that it does not meet the requirements of the Provincial Policy Statement, or the Bayham or County Official Plans. County Staff have had the opportunity to review the proposal and associated application materials against the requirements of the Planning Act, the Provincial Policy Statement, the County Official Plan, and Municipality of Bayham Official Plan. In their submitted Planning Justification Report, the applicant has advised they consider the subject use to be an `agriculturally -related use', but County Staff disagree with this assessment, as agriculturally -related uses are defined by the County Official Plan as being `directly related to agriculture and primarily serve the agricultural operation. While the electrical business may serve agricultural clients, it is not directly related to agriculture, nor does it primarily serve the agricultural operation it is located on. Notwithstanding this, County Staff would agree with the applicant that that the use would fall more generally under the `secondary use' and `home industries' provisions of the County Official Plan as it is related to a single detached dwelling located on the property. To that end, County Staff are generally satisfied that the proposed amendment addresses the `secondary use' requirements of the Agricultural designation, particularly in light of provincial guidelines with respect to such uses, however staff are not entirely satisfied that the proposed amendment meets the policy requirements of the `home industries' policies namely the following policy requirements: • the home industry and the principle use generally rely upon the same water and sewer infrastructure and the driveway from the public road; and • the home industry has a floor area that is consistent with the scale of uses on the property. K Page 91 of 135 K In this case, the home industry is located approximately 45 metres (150 ft) away from the existing residence, is serviced by a separate well and septic system, and has a floor area significantly larger than the residence on the property, but it would be generally consistent with the scale of the agricultural use of the property (namely the existing cash crop operation). From the perspective of County Staff, these provisions of the County Official Plan could likely have been easily addressed should the applicant not have proceeded with the construction of the workshop in advance of the receiving the required permissions. Further, under a strict interpretation of county policy, Staff are of the opinion there are grounds to deny the application. Notwithstanding this, Staff are also of the opinion there is some flexibility in the wording of the `home industries' policies of the Official Plan that would permit County Council to approve the amendment if Council was satisfied that it is an appropriate use of the land. FINANCIAL IMPLICATIONS: There are no identified direct financial implications to the County with respect to the approval of the proposal. 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 amendment will directly impact the Municipality of Bayham. Page 92 of 135 E COMMUNICATION REQUIREMENTS: The Notice of Decision will be sent to the applicant, the Municipality of Bayham and those prescribed under the Planning Act. CONCLUSION: Based on the above analysis County Council may approve OPA No. 32 of the Official Plan of the Municipality of Bayham. All of which is Respectfully Submitted Paul Hicks Acting Manager of Planning Approved for Submission Stephen Gibson Acting Chief Administrative Officer Page 93 of 135 DECISION With respect to Official Plan Amendment No. 32 to the Official Plan of the Municipality of Bayham under 17(34) of the Planning Act I hereby approve all of Official Plan Amendment No. 32 to the Municipality of Bayham Official Plan as adopted by By-law No. 23-030. Dated at the County of Elgin this 13t" day of June 2023. Acting Chief Administrative Officer, County of Elgin Page 94 of 135 AMENDMENT IMUMBER 32 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM SUBJECT: Arie and Christina Schep 14077 Bayham Drive The following text constitutes Amendment Number 32 to the Official Plan of the Municipality of Bayham R, Page 95 of 135 OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM THIS Amendment was adopted by the Council of the Corporation of the Municipality of Bayham by By-law No. 2023-030, in accordance with Section 17 of the PLANNING ACT, on the 20th day of April 2023. MAYOR Page 96 of 135 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-030 THE Council of the Corporation of the Municipality of Bayham, in accordance with the provisions of the PLANNING ACT, hereby enacts as follows: 1) THAT Amendment No. 32 to the Official Plan of the Municipality of Bayham is hereby adopted. 2) THAT the Clerk is hereby authorized and directed to make an application to the County of Elgin for approval of the aforementioned' Amendment No. 32 to the Official Plan of the Municipality of Bayham. 3) THAT no part of this By-law shall come into force and take effect until approved by Elgin County. ENACTED AND PASSED this 20th day of April 2023. Z.�,t6i!Z2 . ............. MAYOR LERK Page 97 of 135 OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM AMENDMENT NO. 32 1. PURPOSE The purpose of the Official Plan Amendment is to permit an oversized home occupation workshop as a non -resource based secondary use and an On -farm Diversified use for an electrical services business contained on a portion of subject lands and operating out of an existing building and gravel yard, specific to the subject lands. The amendment includes adding a new policy in Section 2.1.5.2 specific to the subject lands to permit the electrical services business as an on -farm diversified use. The Official Plan Amendment would facilitate the concurrent Zoning By-law Amendment to change the zoning from site specific Agriculture (A1-29) to a modified Al-29 zone to permit a Service Shop use within the defined area of 2,700 square metres comprising the barn and parking area for the electrical business, in Zoning By-law Z456-2003. 2. LOCATION The Official Plan Amendment will be applicable to lands known as BAYHAM CON 10 PT LOT 21 RP; 11 R10370 PART 2 and known municipally as 14077 Bayham Drive. 3. BASIS OF THE AMENDMENT The subject lands are characterized as an agricultural lot used for crop cultivation (leased to a local farmer) and residential use and comprises a single -detached dwelling and secondary use building used for matE!rial and work vehicle storage for an electrical services business. The dwelling is serviced by private water and sewer services. The subject lands are located on the south side of Bayham Drive, south of Highway 3. The property has lot frontage of 432.44 m ('1,418.76 ft.) and varying lot depth, with one driveway access to Bayham Drive for the residential and business use. Surrounding uses are agricultural and natural heritage in all directions. The farmed area, dwelling and electrical services building are located on the north and central areas of the subject lands, approximately 150 m (500 ft.) south of Bayham Drive and are accessed Page 98 of 135 by one driveway from Bayham Drive. The Provincial Policy Statement, 2020 permits on -farm diversified use as secondary use in the rural agricultural area. The Elgin County Official Plan permits home occupation and home industries as secondary uses. The Bayham Official Plan permits limited non - resource use in the rural area. The proposed Zoning By-law Amendment would bring the subject lands into conformity to the Zoning By-law. The proposed amendment is consistent to the PPS and in conformity to the Elgin County and Bayham Official Plans and the Zoning By-law. 4. DETAILS OF THE AMENDMENT a) Section 2.1.5.2 of the Official Plan of the Municipality of Bayham is hereby amended to add the following subsection: 2.1.5.2 Notwithstanding Section 2.1.5.1 policy for on -farm diversified use the establishment of agri-tourism, farm related home occupations, farm related home industries and uses that produce value added agricultural products, the subject lands located at BAYHAM CON 10 PT LOT 21 RP; 11 R10370 PART 2, and municipally known as 14077 Bayham Drive may have a secondary use with commercial and industrial characteristics for the operation of an electrical services business use as an on -farm diversified use to be operated within a building with maximum floor area of 520 square metres and adjacent parking and circulation yard. The subject lands subject to this Amendment as designated "Agriculture" may be used, developed, and zoned to permit an oversized home occupation workshop as a non -resource based secondary use and an On -farm Diversified use in accordance to Section 2.1.5.2 of the Official Plan, as amended. Page 99 of 135 . im rot!,r ssiv by Nature RECOMMENDATIONS: REPORT TO COUNTY COUNCIL FROM: Nicholas Loeb, Director of Legal Services DATE: June 8th, 2023 SUBJECT: Delegation of Approval Authority THAT County Council receive the following report titled Delegation of Approval Authority dated June 8t", 2023 from the Director of Legal Services for information. THAT County Council pass By -Law No. 23-29 to delegate various planning authority, as set out therein, to the Director of Legal Services and the Chief Administrative Officer / Clerk, in the absence of the Manager of Planning and General Manager of Engineering, Planning and Enterprise / Deputy CAO. INTRODUCTION: The purpose of this report is to request Council to delegate authority for various planning approvals as set out in By -Law No. 23-29, attached to today's agenda, to the Director of Legal Services and the Chief Administrative Officer/Clerk, in the absence of the officers of the corporation that already have such authority delegated to them. BACKGROUND AND DISCUSSION: Council delegates the approval of a number of Planning Act authorities to the Manager of Planning and in his/her absence, the General Manager of Engineering, Planning and Enterprise / Deputy CAO. At the present time, external consultants provide planning services to the County and the office of the General Manager of Engineering, Planning and Enterprise / Deputy CAO is vacant. As a result, all planning approvals that are intended by Council to be delegated for the efficient delivery of planning services need to return to Council. Additionally, signing authority for some planning documents, even where approved by Council, would otherwise have to be authorized in each Council report individually. Requiring all such approvals to return to Council creates inefficiencies in the development process that require those seeking approval to wait for staff to prepare a report and present it to Council for Council's consideration. Staff are, therefore, recommending that Council add two officers to the existing delegation of authority of such planning approvals by passing By -Law No. 23-29, that Page 100 of 135 wiii permit the Director of Legal Services and the Chief Administrative Officer / Clerk to make such approvals. Given that the Director of Legal Services and the Chief Administrative Officer / Clerk have differing professional credentials than those officers currently delegated such authority, it is important to note to Council that it is the intention of these officers to only act on the advice and recommendations of the County's planning consultants in a similar way that Council would be presented with such recommendations. If there is any ambiguity or concern that the Director of Legal Services or Chief Administrative Officer / Clerk have with making such approvals, they will bring a report to County Council for Council's consideration, in any event. Delegating this authority to officers of the corporation does not preclude Council consideration, if necessary. No change has been made in the type of approvals delegated to staff. The difference between By -Law No. 23-29 and the existing By -Law No. 22-01, which will be repealed, is solely the officers that the authority is delegated to by Council. FINANCIAL IMPLICATIONS: 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: n/a COMMUNICATION REQUIREMENTS: n/a 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. 2 Page 101 of 135 Staff request that Council delegate planning authority to additional officers of the County to ensure the continued efficient service delivery related to planning matters. All of which is Respectfully Submitted Nicholas Loeb Director of Legal Services Approved for Submission Stephen Gibson Chief Administrative Officer (Acting) 3 Page 102 of 135 REPORT TO COUNTY COUNCIL FROM: Stephen Gibson, General Counsel DATE: June 6, 2023 SUBJECT: Elgin / Hawthorne —Approval of Commercial Lease — Elgin County Administration Building (Suite 345-1) RECOMMENDATIONS: It is recommended that: 1. The within Report to Council entitled "Elgin / Hawthorne - Approval of Commercial Lease — Elgin County Administration Building (Suites 345-1)" be received and filed. 2. Elgin County Council approve anew commercial Lease Agreement between Carol Hawthorne, carrying on business as "Clinical Associates", and Elgin County in relation to Suite 345-1 in the County Administration Building at 450 Sunset Drive, St. Thomas, Ontario, such Lease Agreement to provide for, amongst other terms, a one-year Term commencing May 1, 2023, and annual rent of $4,360.80. 3. Elgin County Council authorize the Warden and Acting 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 Carol Hawthorne, carrying on business as "Clinical Associates", as to the terms of a new one-year commercial lease for those Premises currently occupied by Ms. Hawthorne, as Tenant, and, furthermore, to seek authorization for execution of the required Lease Agreement. BACKGROUND AND DISCUSSION: Background Carol Hawthorne is an existing commercial tenant of Elgin County within the County Administration Building at 450 Sunset Drive, St. Thomas, Ontario. Ms. Hawthorne currently occupies Suite 345-1 within the County Administration Building, from which premises she operates a counselling firm under the name "Clinical Associates". The previous commercial Lease Agreement expired on April 30, 2023. 2 Consensus has now been reached for a new one-year lease, commencing May 1, 2023 and ending April 30, 2024. The Leased Premises continues to include Suite 345-1, still to be used for office purposes. The core elements of the proposed new commercial Lease Agreement include the following: (i) Term — One year, commencing May 1, 2023 and expiring April 30, 2024. (ii) Rent — Year 1 — $18.96 psf / $4,360.80 pa / $363.40 pm. (Note: All Rents expressed exclusive of taxes.) (iii) 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. (iv) 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 an existing commercial Tenant to continue to occupy her 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 Suite 345-1 within the County Administration Building for the Term of the proposed Lease Agreement, subject to early termination. 3 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. Additional Comments: None ❑ 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 Carol Hawthorne which will allow continuation of her tenancy in Suite 345-1 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 Acting 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 Approved for Submission Stephen Gibson Chief Administrative Officer (Acting) June 5, 2023 Dear Warden Ketchabaw and Members of Elgin County Council, As the Chair of the Ontario Association of Police Services Boards (OAPSB) — Zone 6, 1 write to you today on behalf of the Zone 6 membership with respect to the appointment of a new Secretary Treasurer. With regret, we received the resignation of our former Zone 6 Secretary Treasurer, Julie Gonyou. Julie's departure leaves a void in our team, and we express our gratitude for her contributions during her tenure and wish her the very best in her future endeavors. In light of this transition, on May 26th the OAPSB Zone 6 voted to appoint Carolyn Krahn to the position of Secretary Treasurer, pending the approval of Elgin County Council. Carolyn previously supported Julie in her role, and has a good understanding of the responsibilities and requirements of this position. As the Chair of the OAPSB Zone 6, I have worked closely with Carolyn and appreciate her organizational skills, attention to detail, and her ability to effectively manage and coordinate the administrative aspects of our board's activities. Her familiarity with the operations of the OAPSB Zone 6 Board make her an ideal candidate to fill the position of Secretary Treasurer. The OAPSB Zone 6, which includes Police Services Boards from the areas of Aylmer, Amherstburg, Chatham -Kent, LaSalle, London, Sarnia, Strathroy-Caradoc, and Windsor, holds bi-annual meetings to discuss important matters pertaining to our respective communities. Carolyn has been actively involved in these meetings in the past and is well-acquainted with the demands and responsibilities associated with the role of Secretary Treasurer. I kindly request that Elgin County Council extend their support to the OAPSB Zone 6 by approving Carolyn Krahn's appointment as Secretary Treasurer. We greatly appreciate your support. If you require any additional information or would like to discuss this recommendation further, please do not hesitate to reach out. Yours sincerely, Darlene Smith Chair, OAPSB Zone 6 Page 106 of 135 V rtu w,Mlf, jimL & , 201 M : , , " ; , d , h. ,, , A, L I Nlec't the collceckv AAJ,th, ITLY11dreds of bicycless, Rini (If Rick W'offc's 20,0-bike collection is tw disr4a,y m dw Llg4i (.('runty Ho kage, Centre CLINTR MODRE r. anI ask, RI6 Woftu whtch raw i,I,u.'1Tivv'iiv too varwd, "Hul ftv"% "0 MIMI wine bm mg SJW" ndwnxW WW Gm"Wc, slagIv oul o d,Ivmgflw, Ahn Wdu W anthq r wra, All'Idl wr)mhouq mx, w, flh"tar h RIal rhm aw Wth a IMWAB We 01 ,4v'Oxv0wW iN m/)4, 046 "Aho CHW nkh.,rneed he cps ITW',"q of hpa, V"Inwv drN Konwka, 0i1w, has 0 rafsrJ coffing f(11,"V'kwAlvygyiauu:d.490 of Itern, vvhl�dM niNules III chnIme- r1)KIif,0HCd ANAAT-ftM'. 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Ws mlr;attr Y0 dam "Wwwr Or scr�Itchedmn on.b In The viadcm,cn igniuda jxwsiom -11"Inwak fing fare Ovoungrjvmm w tumc up Wnd nw and givib th'? llxrorl, N, iai It If 135 . . . ... . .. 1 Community Services Legislative Services May 30, 2023 File #120203 Sent via email: remier ontario.ca The Honourable Doug Ford Premier of Ontario Queen's Park Toronto, ON L7A 1A7 Honourable and Dear Sir: Re: The Corporation of the County of Prince Edward - Urging the Province to Pause Proposed New Provincial Planning Statement (PPS) Please be advised the Municipal Council of the Town of Fort Erie at its meeting of May 29, 2023 received and supported correspondence from The Corporation of the County of Prince Edward dated May 10, 2023 requesting the Province to pause proposed changes to the new Provincial Planning Statement (PPS) — Sections 2.6 and 4.3. Attached please find a copy of The Corporation of the County of Prince Edward's correspondence dated May 10, 2023. Thank you for your attention to this matter. Kind regards, Ashlea Carter, AMP Deputy Clerk acarter _forterie.ca AC:dlk Attach cc: The Honourable Steve Clerk, Minister of Municipal Affairs & Housing minister. ah a�ontario.ca The Honourable Lisa M. Thompson, Minister of Agriculture, Food, and Rural Affairs inister.oafra a�ontario.ca The Honourable David Piccini, Minister of the Environment, Conservation and Parks minister. ecpontario.ca The Association of Municipalities of Ontario resolutions —a o.on.ca Federation of Municipalities of Ontario resolutions _fc .ca Wayne Gates, MPP-Niagara Falls dmtjLpa g, jj) t ro,a i ._a ft Catalina Blumenberg, Clerk, The Corporation of the County of Prince Edward clerks an.pecounty.on.ca All Ontario Municipalities Region of Niagara Mailing Address: The Corporation of the Town of Fort Erie 1 Municipal Centre Drive, Fort Erie ON L2A 2S6 Office Hours 8:30 a.m. to 4:30 p.m. Phone: (905) 871-1600 FAX: (905) 871-4022 Web -site: www.forterie.ca Page 108 of 135 From the Office of the Clerk The Corporation of the County of Prince Edward "he T: 613.476.2148 x 1021 F: 613.476.5727 PRINCE FOWARIP COUNTY • ONTARIO c�lerksQpecouinty.oin, ca I wwwAhecounty.ca May 10, 2023 Please be advised that during the Regular Council meeting of May 9, 2023 the following resolution regarding the proposed new Provincial Planning Statement (PPS) was carried: RESOLUTION NO. 2023-293 DATE: May 9, 2023 MOVED BY: Councillor Hirsch SECONDED BY: Councillor MacNaughton WHEREAS the goal of increasing housing supply and reducing barriers in planning processes as set out in the recent legislative, regulatory and policy changes, including new provisions from Bill 23, More Homes Built Faster Act, 2022 is welcomed; WHEREAS the proposed PPS (sections 2.6 and 4.3) would dramatically remove municipal power and renders aspects of the County's Official Plan, and other official plans throughout Ontario inoperative, terminating some local planning autonomy, and directly interfering with municipalities' ability to meet local variation and unique community needs; WHEREAS the proposed PPS changes that would allow proliferation of lots with protection restricted to specialty crop areas only diminishes the purpose, uses, and integrity of rural and agricultural lands, thereby removing protection and restricting future uses of those lands, WHEREAS the proposed PPS changes encourage sprawl and rural roadway strip development, rather than more fiscally and environmentally sustainable practices like intensification in established settlement areas; and WHEREAS the province has announced changes will be proposed to natural heritage (section 4.1) that have yet to be published; THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the County of Prince Edward urges the province to: pause proposed changes to the PPS, particularly regarding natural heritage (section 4.1) and agricultural lands (sections 2.6 and 4.3) 2023 Page 109 of 135 BY COUNCIL (b From the Office of the Clerk The Corporation of the County of Prince Edward The T: 613.476.2148 x 1021 F: 613.476.5727 PRINCE ["AROCOUNTY. ONTARIO deiiIltis@pecouInty on,ca � ww.taheQ:.ounty,ca reinvest trust in the local planning authority of all 444 municipalities, recognizing that each Ontario municipality has unique landscapes, different housing needs and differing visions for local planning matters; THAT our fellow municipalities be urged to voice their concerns regarding the proposed undermining of local planning authority; AND FURTHER THAT a copy of this resolution be sent to all 444 municipalities, The Hon. Doug Ford, Premier of Ontario, The Hon. Steve Clark, Minister of Municipal Affairs and Housing; The Hon. Lisa Thompson, Ministry of Agriculture, Food and Rural Affairs, The Hon. David Piccini, Minister of Environment, Conservation and Parks, Bay of Quinte MPP, Todd Smith, the Association of Municipalities of Ontario, the Federation of Canadian Municipalities, and the Eastern Ontario Wardens Caucus. CARRIED Yours truly, Catalina Blumenberg, CLERK cc: Mayor Ferguson, Councillor Hirsch, Councillor MacNaughton & Marcia Wallace, CAO Page 110 of 135 WN Tel: 705 544 8200 � �Y 414269 Bryan's Road � Email: clerk@evanturel.com 9���� P.O. Box 209 ar W-W anaur 1. qr Englehartp ON P0J 11%0 Emai ed: prg i w(4e,�pjLlp.N...j.o.ca May 25, 2023 Honourable Doug Ford Premier of Ontario Legislative Assembly of Ontario 111 Wellesley St. W Toronto, ON M7A 1 A2 Dear Premier Ford, Re: Support —Bill 5 — Stopping Harassment and Abuse by Local Leaders Act The Council of the Corporation of the Township of Evanturel, at the regular council meeting of May 24, 2023, resolved to express its support for Bill 5 — Stopping Harassment and Abuse by Local Leaders Act. Find enclosed a true copy of Township of Evanturel Resolution No. 7 passed in open council May 24, 2023, authorizing this support. Yours truly, Virginia Montminy Clerk THE CORPORATION OF THE TOWNSHIP OF EVANTUREL Encl: c.c. Minister of Municipal Affairs and Housing — emailed Association of Municipalities of Ontario (.tMO) - emailed John Vanthof— MPP — Timiskaming-Coctirane - emailed Ontario Municipalities - emailed Page 111 of 135 Tel: 705-544-8200 Ernail: clerkCr)evaanturel.corn 3Mw j.evanturelacorn Resolution of Council Moved by: C., v u �\C, �wc (� y111111-11 Seconded by: `i it'tr.�.... 14269 ryan's Road P.O. Box 209 Engle art, ON P0j 1 0 Date: May 24, 2023 Resolution No: WHEREAS elected leaders of municipalities do not have an appropriate accountability structure when it comes to perpetrating violence and harassment in the workplace; AND WHEREAS a fundamental, underlying principle of broadening diversity, equity and inclusion in politics rests on the assumption that the workplace is safe; AND WHEREAS Bill 5 — Stopping Harassment and Abuse by Local Leaders Act would require Councillors to comply with the workplace violence and harassment policies (the Policies) of the municipality they represent, permit municipalities to direct the Integrity Commissioner to apply to the court to vacate a member's seat for failing to comply with the Policies, and as well restrict officials whose seat have been vacated from seeking immediate subsequent re-election; AND WHEREAS Bill 5 would both hold accountable and protect all municipal officials; NOW THEREFORE the Council of the Corporation of the Township of Evanturel hereby resolves to express its support for Bill 5 — Stopping Harassment and Abuse by Local Leaders Act, - AND FURTHER that this resolution be directed to the Premier of Ontario, and sent to the Minister of Municipal Affairs and Housing; the Association of Municipalities of Ontario (AMO); John Vanthof — MPP Timiskaming-Cochrane; and all Ontario Municipalities. Carried_..r ..r ._.. Derek Mundle - Reeve DIVISION VOTF. I )a;c l Nflion Of' Vecuuau<ary Interest— Report to Council TWP2019-05 — Form A — Reeve Mundle ; Councillor Certltled to be a true copy of des alaatl a i>, I ttl r said ar 0ItroeiA ctancdl one th(, 4 _ I� roti n Iblp rul �no auvt�uuell � day of ,)VV' 1Z t out 2021 t"drr°d r���ar&n^pvy� t�ml,r 11"ownshA p of Eva ntu Page 112 of 135 Tuesday, May 30, 2023 Elgin Federation of Agriculture 228-450 Sunset Drive St. Thomas, ON. N5R 5V1 To Ed Ketchabaw, Elgin County Warden, and fellow members of Elgin County Council, Re: Helping Homebuyers, Protecting Tenants Act & the Proposed 2023 Provincial We commend the government's initiative to address the housing crisis goal of building 1.5 million homes by 2031 while working to support Ontario's food production In Elgin County, Agribusiness is a vital contributor to the national economy, covering 130,000 hectares of land. Our thriving industry contributes a staggering $558 million to the national GDP and creates 19.7% of jobs within the county. As such, it is an important sector that deserves continued support and investment. We are asking Elgin County Council to provide our thoughts on the Helping Homebuyers, Protecting Tenants Act and the proposed 2023 Provincial Planning Statement (PPS) from the perspective of our rural and small urban communities to the Ontario Government to protect the future of the farming industry. While agriculture is a crucial component of Elgin County's economy and culture, the proposed policy would permit up to three new residential lots to be created from a parcel of land that existed on January 1, 2023, subject to certain criteria. However, this could negatively affect other provincial and local interests, such as livestock farming, the availability of aggregate mineral resources, and the provision of municipal services. 450 Sunset Dr #228, St Thomas, ON 1 (519) 633-0114 1 elginfarmers@gmail.com Page 113 of 135 The announcement of this legislation has sparked worries about the potential consequences of scattered residential development on farmland in Elgin County. The high prices of farmland are often driven by speculative investments that cause purchase prices to rise. The trend continues to make it increasingly difficult for future generations to acquire farmland as the cost of entry into farming becomes prohibitively expensive. Merging urban and rural areas in Elgin County often increases tensions between residential neighbourhoods and agricultural land. These result in challenges for farmers, including difficulties in maintaining crop nutrition and protection, controlling wildlife, and carrying out necessary farm operations. These challenges usually lead to increased complaints to local municipalities regarding bylaws and regulations. Bill 97 threatens both our food sovereignty and the agri-food sector. It undermines the importance of local food production and the need to buy locally to support our communities and ensure the sustainability of our food systems The proposed policy predicts farmland loss of approximately 510,000 acres in Ontario, with local estimates in Middlesex at 21,000 acres and Oxford estimating that 10% of farmland may qualify for the policy. The specific impact of this policy on farmland in Elgin County is still unknown and requires further investigation. To minimize the impact on agriculture, we can not further divide existing non -farm parcels within the agricultural area to provide additional rural housing opportunities. Minimum Distance Separation (MDS) regulations impose strict guidelines on livestock operations to ensure they are located at a safe distance from residential areas and other sensitive land uses. While these regulations aim to protect public health and safety, they may also limit the growth and development of the industry. In Elgin, this legislation will make it virtually impossible for livestock operations to expand or establish 450 Sunset Dr #228, St Thomas, ON 1 (519) 633-0114 1 elginfarmers@gmail.com Page 114 of 135 new operations when lots are severed to meet development requirements. This poses significant challenges for our food production industry in Elgin and hinders its future growth Elgin County has undergone an extensive Official Plan update process, including community engagement and significant amendments to the County's Official Plan. These legislative amendments will hinder the county's ability to address important rural land use matters crucial for our success and vitality. Our organization has a strong partnership with the farmers in Elgin County, and we understand the significance of working together to support rural communities. With the current housing crisis, we must collaborate to find solutions. As Bill 97 proposes a new Provincial Planning Statement, we are eager to engage in discussions with the County of Elgin to ensure that the needs of the farming community are considered and addressed. If you have any questions, we would be happy to answer them Sincerely yours, VW C"wu Melissa Schneider EFA President 450 Sunset Dr #228, St Thomas, ON 1 (519) 633-0114 1 elginfarmers@gmail.com Page 115 of 135 � � V � r A � Community Services Legislative Services May 30, 2023 File #120203 Sent via email - The Honourable Caroline Mulroney, Minister of Transportation 5th Floor, 777 Bay Street Toronto, ON IM7A 1 6 rel i • V W 7RF.WoI�IIIT:V9LTAFT•NMN Re: The City of Cambridge - Highway Traffic Act Amendments Please be advised the Municipal Council of the Town of Fort Erie at its meeting of May 29, 2023 received and supported correspondence from the City of Cambridge dated May 10, 2023 requesting amendments to Section 205.1 of the Highway Traffic Act to permit municipalities to locate an ASE system permanently or temporarily on any roadway under its jurisdiction and not be restricted to only community safety zones and school safety zones. Attached please find a copy of the City of Cambridge correspondence dated May 10, 2023. Thank you for your attention to this matter. Kind regards, Ashlea Carter, AMP Deputy Clerk acarter fortene.ca AC:dlk Attach C. c. The Honourable Steven Clark, Minister of Municipal Affairs and Housing minister. ah-ontario.ca Jennifer Stevens, MPP - St. Catharines JStevens-CO a@ndp.on.ca Jeff Burch, MPP - Niagara Centre J urch-QP a@ndp.on.ca Wayne Gates, MPP - Niagara Falls wgates-co a@ndp.on.ca Sam Oosterhoff, MPP - Niagara West-Glanbrook sa .00sterhoffan,pc.ola.or The Association of Municipalities of Ontario ao crnao.on.ca All Ontario Municipalities Niagara Region Mailing Address: The Corporation of the Town of Fort Erie 1 Municipal Centre Drive, Fort Erie ON L2A 2S6 Office Hours 8:30 a.m. to 4:30 p.m. Phone: (905) 871-1600 FAX: (905) 871-4022 Web -site: www.forterie.ca Page 116 of 135 The Corporation of the City of Cambridge Corporate Services Department Clerk's Division The City of Cambridge 50 Dickson Street, P.O. Box 669 Cambridge ON N1R 5W8 Tel: (519) 740-4680 ext. 4585 mantond@cambridge.ca May 10, 2023 Re: Highway Traffic Act Amendments Dear Ms. Mulroney, At the Council Meeting of May 9, 2023, the Council of the Corporation of the City of Cambridge passed the following Motion: WHEREAS speeding on our roads is a major concern in our community, AND WHEREAS speeding can occur in all areas of our community, AND WHEREAS barriers and delays to enforcement pose a danger to our community, AND WHEREAS our municipality has limited resources to implement speed mitigation road design and re -design, AND WHEREAS our local police service has limited resources to undertake speed enforcement, AND WHEREAS s.205.1 of the Highway Traffic Act (HTA) provides that Automated Speed Enforcement systems (ASE) may only be placed in designated community safety zones and school safety zones, THEREFORE BE IT RESOLVED THAT, the City of Cambridge request that the Ontario Government amend s.205.1 of the HTA to permit municipalities to locate an ASE system permanently or temporarily on any roadway under the jurisdiction of municipalities and as determined by municipalities and not be restricted to only community safety zones and school safety zones; AND THAT a copy of this resolution be forwarded to the Ontario Minister of Transportation, the Ontario Minister of Municipal Affairs and Housing, local area MPPs, the Association of Municipalities of Ontario (AMO) and all Ontario Municipalities, g tlj 2023 n ..� ......, mw 50 (Dickson Street a Cambridge ON N Y R .5 8 P.O. Box 669 Phone 5 4 9•-623-0 340 m www.caunbridge ca Page 117 of 135 CAMB ' ' MPP, F`C..A(II'IiMPI GPI IV Should you have any questions related to the approved resolution, please contact me. Yours Truly, OtA Danielle Manton City Clerk Cc: (via email) Steve Clark, Ontario Minister of Municipal Affairs and Housing Local Area MPPs Association of Municipalities of Ontario (AMO) All Ontario Municipalities Phone 5 � 9,,..62 - Q 340 - www.carwibHdge,ca Page 118 of 135 Minister of Municipal Affairs and Housing Hon. Steve Clark 777 Bay St 17th Floor, Toronto ON M5G 2E5 VIA EMAIL: steve.claLL@2.c.ola.org Minister of Finance Peter Bethlenfalvy Ministry of Finance Frost Building South 7th Floor, 7 Queen's Park Cres. Toronto, ON M7A 1Y7 VIA EMAIL: Peter. Bethlenfalvy(a)pc.o� Dear Minister Clark and Minister Bethlenflavy, Township of Puslinch 7404 Wellington Road 34 Puslinch, ON NOB 2.10 www.puslinch.ca June 1, 2023 Please be advised that the Township of Puslinch Council, at its meeting held on May 24, 2023 received a report from the Township Finance Department regarding the reinstatement of legislation permitting a municipality to retain surplus proceeds from tax sales. Prior to being repealed by the Modernizing Ontario's Municipal Legislation Act, 2017, Section 380(6) of the Municipal Act, 2001 allowed for a municipality to retain surplus proceeds from tax sales within their jurisdiction. The Township agrees with other municipalities that the Public Tax Sale process is burdensome to a municipality who invests a considerable amount of time and money recovering these proceeds for the potential sole benefit of the Crown in Right of Ontario. As a result of this discussion, Council passed the following resolution: Resolution No. 2023-175: Moved by Councillor Bailey and Seconded by Councillor Hurst THAT Report FIN-2023-022 entitled Reinstatement of Legislation Permitting a Municipality to Retain Surplus Proceeds from Tax Sales be received; and THAT Council direct Township staff to send a letter to all relevant taxation bodies, including the Ministry of Municipal Affairs, the Ministry of Finance, Wellington County Council, MPP Ted Arnott, Association of the Municipalities of Ontario and all other municipalities in 7404 Wellington Road 34, Puslinch, ON NOB 2JO Tel: (519) 763-1226 Fox: (519) 763-5846 odmin@puslinch.co Page 119 of 135 Ontario urging them to re -instate previous legislation that permitted a Municipality to apply for and retain the surplus proceeds from a tax sale in their jurisdiction. As per the above resolution, please accept a copy of this correspondence for your information and consideration. CourtenayHovtfox Municipal Clerk [Z: Wellington County Council Honourable Ted Arnott,MPP Association ofMunicipalities ofOntario (AM[>) All Ontario Municipalities 74o4Welling Von nno634,pvJ/nJ,umNOB zm re|:(519)763'1226 rox:(519)763s846 o6m/n@pus|/nch.co Page 120Of135 REPORT FIN-2023-022 TO: Mayor and Members of Council PREPARED BY: Mary Hasan, Director of Finance/Treasurer PRESENTED BY: Mary Hasan, Director of Finance/Treasurer MEETING DATE: May 24, 2023 SUBJECT: Reinstatement of Legislation Permitting a Municipality to Retain Surplus Proceeds from Tax Sales File: F22 TAX RECOMMENDATIONS THAT Report FIN-2023-022 entitled Reinstatement of Legislation Permitting a Municipality to Retain Surplus Proceeds from Tax Sales be received; and THAT Council direct Township staff to send a letter to all relevant taxation bodies, including the Ministry of Municipal Affairs, the Ministry of Finance, Wellington County Council, MPP Ted Arnott, Association of the Municipalities of Ontario and all other municipalities in Ontario urging them to re -instate previous legislation that permitted a Municipality to apply for and retain the surplus proceeds from a tax sale in their jurisdiction. Purpose The purpose of this report is to report back to Council based on direction from Council at their meeting held on April 12, 2023. Background Council at its meeting held on April 12, 2023 received Consent Item No. 6.26 and Consent Item No. 6.27. Council directed staff to forward Consent Item No. 6.26 to RealTax to obtain their input in order to report back to Council on this matter. Page 121 of 135 REPORT NO. FIN-2023-022 Page 2 of 4 Attached as Schedule A to this Report is Consent Item No. 6.26 from the Town of Essex which was listed on the April 12, 2023 Council agenda regarding the reinstatement of Legislation Permitting a Municipality to Retain Surplus Proceeds from Tax Sales. Attached as Schedule B to this Report is Consent Item No. 6.27 from the Town of Plympton-Wyoming which was listed on the April 12, 2023 Council agenda supporting the resolution from the Town of Essex. Township staff agree with these municipalities that the Public Tax Sale process is burdensome to a municipality who invests a considerable amount of time and money recovering these proceeds for the potential sole benefit of the Crown in Right of Ontario. Township staff forwarded this information to RealTax to obtain their input. RealTax assists the Township with the tax registration process and public tax sales. RealTax advised that they do hope that municipalities regain this process and have the legislation reversed. The surplus funds are what is over and above the minimum tender amount (ie. the cancellation price which is the amount of tax arrears that are outstanding inclusive of legal costs, RealTax costs, outstanding taxes, outstanding penalties/interest, etc.) and the actual tender amount in a successful tax sale. These funds must be paid into the Superior Court of Justice in accordance with the current provisions outlined in Section 380 of the current Municipal Act. Prior to 2018, Section 380 of the Municipal Act included the following provisions regarding the proceeds of sale with the relevant items for municipalities underlined below: 380. (1) The proceeds of a sale under section 379 shall, (a) firstly, be applied to pay the cancellation price; (b) secondly, be paid to all persons, other than the owner, having an interest in the land according to their priority at law, and (c) thirdly, be paid to the person who immediately before the registration of the tax deed was the owner of the land. (2) The treasurer shall pay the proceeds of sale, minus the cancellation price, into the Superior Court of Justice together with a statement outlining the facts under which the payment into court is made including, (a) whether the land, at the time of the registration of the tax arrears certificate, was vested in the Crown because of an escheat or forfeiture under the Business Corporations Act or the Corporations Act; (b) the date that payment is being made into court; and Page 122 of 135 REPORT NO. FIN-2023-022 Page 3 of 4 (c) a notice that a person claiming entitlement to the proceeds of sale must apply to the Superior Court of Justice within one year of the payment into court. (3) Within 60 days after making a payment into court under subsection (2), the treasurer shall send a copy of the statement to the Public Guardian and Trustee and to the persons to whom the treasurer sent notice under subsection 379 (1). (4) Any person claiming entitlement under clause (1) (b) or (c) may apply to the Superior Court of Justice within one year of the payment into court under subsection (2) for payment out of court of the amount to which the person is entitled. (5) The court shall, after one year has passed from the day the payment was made into court, determine all of the entitlements to receive payments out of the proceeds of sale. (6) If no person makes an application under subsection (4) within the one-year period referred to in that subsection, the amount paid into court under subsection (2) shall be deemed to be forfeited, (a) to the Public Guardian and Trustee if, at the time of the registration of the tax arrears certificate, the land was vested in the Crown because of an escheat or forfeiture under the Business Corporations Act or the Corporations Act; or b) in anv other case. to the municipal (7) The Public Guardian and Trustee or the municipality, as the case may be, may apply to the Superior Court of Justice for payment out of court of the amount that was paid in. (8) In the absence of evidence to the contrary, the Superior Court of Justice may rely on the statement of the treasurer under subsection (2) in determining whether the amount paid into court under that subsection is forfeited to the Public Guardian and Trustee or the municipality under subsection (6). (9) Money received by a municipality under subsection (6) shall be paid into the general funds of the municipality. Financial Implications As outlined throughout this Report. Applicable Legislation and Requirements Section 380 of the Municipal Act Page 123 of 135 REPORT NO. FIN-2023-022 Page 4 of 4 Engagement Opportunities Staff recommend that Council direct Township staff to send a letter to all relevant taxation bodies, including the Ministry of Municipal Affairs, the Ministry of Finance, Wellington County Council, MPP Ted Arnott, Association of the Municipalities of Ontario and all other municipalities in Ontario urging them to re -instate previous legislation that permitted a Municipality to apply for and retain the surplus proceeds from a tax sale in their jurisdiction. Attachments Schedule A — Consent Item No. 6.26 listed on the April 12, 2023 Council Meeting from the Town of Essex regarding the reinstatement of Legislation Permitting a Municipality to Retain Surplus Proceeds from Tax Sales Schedule B - Consent Item No. 6.27 listed on the April 12, 2023 Council Meeting from the Town of Plympton-Wyoming supporting the resolution from the Town of Essex Respectfully submitted: Mary Hasan Director of Finance/Treasurer Page 124 of 135 Schedule A to Report FIN-2023-022 i Honourabale Steve Clark Ministry of Municipal Affairs and Housing College Park 1711 Floor, 777 Bay Street Toronto, ON M7A 2J3 CORPORATION OF THE TOWN OF ESSEX 33'11'albot Streetouthi, IF ^ sex, Ontario, IN8M i A8 March 22, 2023 RE:The Reinstatement of Legislation Permitting a Municipality to Retain Surplus Proceeds from Tax Sales Dear Honourable Steve Clark, At its Regular Council Meeting held on March 6, 2023, Mayor Bondy brought forward a Notice of Motion for Council's consideration regarding the reinstatement of previous legislation permitting a municipality to retain surplus proceeds from tax sales. It was discussed that, prior to being repealed by the Modernizing Ontario's Municipal Legislation Act, 2017, Section 380(6) of the Municipal Act, 2001 allowed for a municipality to retain surplus proceeds from tax sales within their jurisdiction. It was further noted that the Public Tax Sale process is burdensome to a municipality who invest a considerable amount of time and money recovering these proceeds for the potential sole benefit of the Crown in Right of Ontario. As a result of this discussion, Council passed the following resolution: R23-03-081 Moved by: Mayor Bondy Seconded by: Councillor Allard That Council direct Administration to send a letter to all relevant taxation bodies, including the Ministry of Municipal Affairs, the Ministry of Finance, Essex County Council, MPP Anthony Leardi, Association of the Municipalities of Ontario and all other municipalities in Ontario urging them to re -instate previous legislation that permitted a Municipality to apply for and retain the surplus proceeds from a tax sale in their jurisdiction. Carried I trust you will find this satisfactory. If you have any questions or comments, please feel free to contact the undersigned. Yours truly, Shelley Brown Acting Clerk sbrown@essex.ca Schedule A to Report FIN-2023-022 CORPORATION OF THE TOWN OF ESSEX 33'11'albot Streetouthi, IF ^ sex, Ontario, IN8M i A8 c.c. Honourable Peter Bethlenfalvy, Minister of Finance minister.fin@ontario.ca Mary Birch, Interim Chief Administrative Officer m bi rch@cou ntyofessex.ca Anthony Leardi, MPP anthony.leardi@pc.ola.org Association of Municipalities of Ontario ("AMO") resolutions@amo.on.ca All other municipalities in Ontario 2 Page 126 of 135 Schedule B to Report Fl N-2023-022 PEYMPTON-W➢1..M ING The Honourable Steve Clark The Honourable Peter Bethlenfalvy Minister of Municipal Affairs & Housing Minister of Finance minister.ma(a}ontario.ca minister.fin(a}ontario.ca DELIVERED VIA EMAIL March 315t 2023 Re: Municipalities Retaining Surplus Proceeds from Tax Sales Dear Premier Ford, Please be advised that at the Regular Council Meeting on March 29th 2023, the Town of Plympton- Wyoming Council passed the following motion, supporting the resolution from the Council of the Town of Essex regarding Municipalities Retaining Surplus Proceeds from Tax Sales. Motion 14 Moved by Councillor Mike Vasey Seconded by Councillor Bob Woolvett That Council support item `N' of correspondence from the Town of Essex regarding Municipalities Retaining Surplus Proceeds from Tax Sales. Carried. If you have any questions regarding the above motion, please do not hesitate to contact me by phone or email at dailesCa dvmbton-wvomino.ca. Sincerely, Denny Giles Deputy Clerk Town of Plympton-Wyoming cc: Bob Bailey — MPP, Sarnia-Lambton Association of Municipalities of Ontario All Ontario Municipalities 546 Niagara Street, P.O Box 250 1 Wyoming ON, NON 1TO 1 519-845-3939 1 www.plympton-wyoming.com Page 127 of 135 Schedule B to Report FIN-2023-022 Honourabale Steve Clark I• I I M-Mro-womm- C�ollege Paoor, 777 Bay Street Toronto, ON M7A 2.13 CORPORATION OF THE TO�WN OF IFSSEX 3,3 Talb�.)t Stwet South, Essex, Ontark), N8M � A8 p: 519,7 7(5,73 36 f. 5193 76,8811 �� ess,ex,,ca March 22, 2023 RE: The Reinstatement of Legislation Permitting a Municipality to Retain Surplus Proceeds from Tax Sales At its Regular Council Meeting held on March 6, 2023, Mayor Bondy brought forward a Notice of Motion for Council's consideration regarding the reinstatemenit of previous legi�slat�ion to being repealed by the Modernizing Ontario's Munic�ipal Legislation Act, 2017, Section 380(6i) of the Municipal Act, 2001 allowed for a municipality to retain surpluis proceeds from tax sales, within their jurisdiction. It was further noted that the Public Tax Sale process burdensome to a municipality who invest a considerable amount of time and money recovering these proceeds for the potential sole benefit of the Crown in Right of Ontario. It *Irl)ZO �-- Moved by- Mayor Bondy gj i,.• ..a*� �*%: That Counciil direct Administration to send a —letter to all relevant taxation bodies, including the Ministry of Municipal Affairs, the Ministry of Finance, Essex County Council, MPP Anthony Leardl, Association of the Municipalities, of Ontario and aill other municipalities in Ontario u rg i n g them to re-i nstate previo u s I eg i 5 latio n that perm itte d a M u n ic�ipa I Ity to a p p ly fo r an d retain the surplus proceeds from a tax sale in their jurisdiction. I trust you will find this satisfactory., If you have any questions or comments, please feel free to contact the undersigned. Yours truly, Shelley Brown Acting Clerk dIA t j�Wgl Schedule B to Report FIN-2023-022 Ole, CORPORATION OF THE TO�WN OF IESSEX 33 Tabot Weet SouLh, Essex, Ontarb, N&I � A8 ,,, k px 51917&7336 N. 51 937U8 11 essex.ca cx. Honourable Peter Bethlenfaivy, Minister of Finance min ister.fin@ontario.ca Mary Birch, Interim Chief Administrative Officer mbirch@countyofessex,ca Anthony Lea,rdi, MPP All other municipalities in Ontario 2 Page 129 of 135 COUNTY OF ELGIN By -Law No. 23-27 "TO AMEND THE SCHEDULE TO BY-LAW NO. 20-58 BEING A BY-LAW TO AUTHORIZE SPEED LIMITS" WHEREAS, pursuant to Section 128(2) of the Highway Traffic Act, being Chapter H.8, R.S.O 1990, as amended, the Council of a municipality may by by-law prescribe a different rate of speed for motor vehicles driven on a highway or portion of a highway under its jurisdiction than is prescribed in Section 128(1a); AND WHEREAS the County of Elgin did pass By-law No. 20-58 prescribing different rates of speed for motor vehicles on certain highways under its jurisdictions; AND WHEREAS By -Law No. 20-58 was previously amended by By -Law No. 21-30, 22-04, 22 40, 23-16, and 23-20; AND WHEREAS it is deemed expedient to further amend said By -Law to prescribe a different rate of speed on certain highways under its jurisdiction. NOW THEREFORE BE IT RESOLVED THAT the Municipal Council of the Corporation of the County of Elgin enacts as follows: THAT Schedule "C" of By-law No. 20-58 setting out a maximum rate of speed of 60km/hr be and is hereby amended by adding the following: Road Section Description Road 19 C From 755 metres south of the north property line of Light Line to 200 metres north of the north property line of Light Line. THAT this by-law shall become effective once signage setting out the speed limit has been installed. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 13th DAY OF JUNE, 2023. Don Shropshire, Ed Ketchabaw, Chief Administrative Officer/Clerk. Warden. Page 130 of 135 COUNTY OF ELGIN BY-LAW NO. 23-28 BEING A BY-LAW TO AUTHORIZE THE WARDEN AND TREASURER TO BORROW FROM TIME TO TIME TO MEET CURRENT EXPENDITURES DURING THE FISCAL YEAR ENDING DECEMBER 31, 2023. WHEREAS section 407 of the Municipal Act 2001, S.O. 2001, c.25, as amended, provides authority for a Council, by by-law, to authorize the head of Council and the Treasurer to borrow from time to time by way of promissory note or bankers' acceptance, such sums as the Council considers necessary to meet, until levies from local municipalities and other revenues are received, the current expenditures of the Corporation for the fiscal year; AND WHEREAS the Council of the Corporation of the County of Elgin, hereinafter called the "Corporation", deems it necessary to borrow, from time to time, by way of promissory note or bankers' acceptance, certain sums to meet, until levies from local municipalities and other revenues are received, the current expenditures of the Corporation, for the fiscal year 2023; AND WHEREAS the total amount that may be borrowed from all sources at any one time to meet the current expenditures of the Corporation, except with the approval of the Ontario Municipal Board, is limited by section 407 of the Municipal Act to a portion of the total 2023 estimated revenues of $92,638,000. BE IT THEREFORE ENACTED by the Municipal Council of the Corporation of the County of Elgin: THAT the Warden and the Treasurer are hereby authorized to borrow, from time to time, by way of promissory note or bankers' acceptance, during the fiscal year 2023 (hereafter referred to as the current year), such sums as may be necessary to meet, until levies from local municipalities and other revenues are received, the current expenditures of the Corporation and the other amounts that are set out in subsection 407 (1) of the Municipal Act. THAT a promissory note or bankers' acceptance made under Section 1 shall be signed by the Warden, or such other person as is authorized by a by-law to sign it, and by the Treasurer or Deputy Treasurer. THAT the lenders from whom amounts may be borrowed under the authority of this by-law shall be, the Bank of Montreal, 739 Talbot Street, St. Thomas, Ontario, N5P 1E3, and such other lender(s) as may be determined from time to time by resolution of the Council. THAT the total amount which may be borrowed at any one time under this by-law, together with the total of any similar borrowings that have not been repaid, shall not exceed, from January 1st until September 30th of the current year, 50 percent of the estimated revenues of $84,204,000 or $42,319,000, or from October 1st until December 31st of the current year, 25 percent of the said estimated revenues or $23,159,500. THAT for the purposes of this by-law, the estimated revenues of the Corporation shall include sums to meet the current expenditures and obligations of the Corporation for the fiscal year and for any body and other purposes for which the Corporation is required by law to provide. Estimated revenues for the Corporation shall not include revenues derivable or derived from: (a) borrowing or issue of debentures or (b) a surplus, including arrears of levies, or (c) a transfer from the capital fund, reserve fund or reserves. THAT the Treasurer shall, at the time when any amount is borrowed under this by-law, ensure that the lender is or has been furnished with a certified copy of this by-law, a certified copy of the resolution mentioned in Section 3 determining the lender if applicable, and a Page 131 of 135 certified copy of the estimates of the Corporation adopted for the current year. The Treasurer will provide to Council the total of any other amounts borrowed from any and all sources under authority of Section 407 of the Municipal Act that have not been repaid. THAT if the estimates for the current year have not been adopted at the time an amount is borrowed under this by-law, the limitation on the total borrowing, as set out in Section 4, shall be calculated for the time being upon the estimated revenues of the Corporation as set forth in the estimates adopted for the preceding fiscal year. the certified copy furnished under Section 6 shall show the revenues of the Corporation as set forth in the estimates adopted for the preceding fiscal year. THAT all or any sums borrowed under this by-law shall, with interest thereon, be a charge upon the whole of the revenues of the Corporation for the current fiscal year and for any preceding fiscal years as and when such revenues are received, but such charge does not defeat or affect and is subject to any prior charge then subsisting in favour of any other lender. THAT this by-law takes effect and comes into force on June 13, 2023. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 13th DAY OF JUNE, 2023. Don Shropshire Ed Ketchabaw, Chief Administrative Officer/Clerk. Warden. Page 132 of 135 COUNTY OF ELGIN By -Law NO. 23-29 "A BY-LAW TO DELEGATE CERTAIN AUTHORITIES VESTED IN THE COUNCIL OF THE CORPORATION OF THE COUNTY OF ELGIN AS THE APPROVAL AUTHORITY WITH RESPECT TO PLANS OF SUBDIVISION, PLANS OF CONDOMINIUM AND PART LOT CONTROL BY-LAWS PURSUANT TO SECTION 22 AND 51 OF THE PLANNING ACT, TO OFFICERS OF THE CORPORATION OF THE COUNTY OF ELGIN AND TO REPEAL BY-LAW NO. 22-01." WHEREAS Section 4 (1) of the Planning Act, R.S.O. 1990, Chapter P. 13, as amended, provides that the Minister may by order delegate to the Council of the Corporation of the County of Elgin the authority to approve, among otherthings, plans of subdivision, plans of condominium and part lot control by-laws; and WHEREAS Section 5 (1) of the Planning Act, Chapter P 13, R.S.O. 1990, as amended, provides that the Council may by by-law delegate all or any of the authority to approve, among other things, plans of subdivision, plans of condominium and part lot control by-laws to a Committee of Council or to an Appointed Officer identified in the by- law by name or position occupied; and WHEREAS County Council considers it advisable to delegate certain powers to the Manager of Planning for the County of Elgin, and, in the Manager of Planning's absence, the General Manager of Engineering, Planning & Enterprise / Deputy CAO, and in the absence of both such officers, the Director of Legal Services and/or the Chief Administrative Officer/Clerk. NOW THEREFORE, the Council of the Corporation of the County of Elgin enacts as follows: THAT the Council of the County of Elgin delegates to the Manager of Planning and in his/her absence, the General Manager of Engineering, Planning & Enterprise / Deputy CAO, and in the absence of both, the Director of Legal Services and/or the Chief Administrative Officer/Clerk the authority to: a) Sign draft plans of subdivision forthe purpose of indicating draft approval. b) Sign draft plans of condominium forthe purpose of indicating draft approval. c) Sign local municipal Official Plan Amendments indicating approval d) Sign County Official Plan Amendments indicating approval e) Refuse to accept or further consider any application for plan of subdivision or plan of condominium until the prescribed information and material and the required fee and the draft plan are received, pursuant to section 51 (19) of the Planning Act as amended. f) Enter into negotiations/dispute resolution with those parties involved in an objection to a draft plan of subdivision or condominium or conditions thereof. g) Decide whether a change to conditions of draft approval is minor for the purpose of giving notice and to approve such minor changes. h) Extend draft plan approval time periods. i) Approve and sign final plans of subdivision and final plans of condominium for the purpose of indicating that final approval has been granted by the approval authority and is acceptable for registration purposes. j) Approve part lot control by-laws for local municipalities passed under Section 50 of the Planning Act, as amended. THAT this by-law shall come into force and effect on the date of its final passing by the Council of the Corporation of the County of Elgin. THAT By-law No. 22-01 be repealed. Page 133 of 135 READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 13th DAY OF JUNE, 2023. Don Shropshire, Ed Ketchabaw, Chief Administrative Officer/Clerk. Warden. Page 134 of 135 COUNTY OF ELGIN By -Law No. 23-30 "A BY-LAW TO CONFIRM PROCEEDINGS OF THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE COUNTY OF ELGIN AT THE JUNE 13, 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: 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 June 13, 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 13TH DAY OF JUNE, 2023. Don Shropshire, Ed Ketchabaw, Chief Administrative Officer/Clerk. Warden. Page 135 of 135