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February 17, 2009 Agendar OPEC ORDERS OF THE DAY x u°a _r: N FOR TUESDAY, FEBRUARY 17, 2009 - 9:00 A.M O AR10 PAGE # ORDER 1st Meeting Called to Order 2nd Adoption of Minutes - January 27, 2009 3rd Disclosure of Pecuniary Interest and the General Nature Thereof 4th Presenting Petitions, Presentations and Delegations PRESENTATION: 2-11 9:00 a.m. Sandra Datars-Sere, Director, Ontario Works and Social Housing re: Funeral Service Policy and Revised Rates (attachment) 12-14 9:15 a.m. Steve Gibson, Hennessy Gibson Hogan (letter attached) and Dave Anderson of AECOM re: Road Maintenance Study (circulated separately - please bring your copy to the meeting) 9:45 a.m. Mark Emery, Elgin Stewardship Co-ordinator, Elgin Stewardship Council, re: present Elgin Landscape Strategy Presentation (attached separately) 5th Motion to Move Into "Committee Of The Whole Council" 15-137 6th Reports of Council, Outside Boards and Staff 7th Council Correspondence - see attached 138-140 1) Items for Consideration 141-148 2) Items for Information (Consent Agenda) 8th OTHER BUSINESS 1) Statements/Inquiries by Members 2) Notice of Motion 3) Matters of Urgency 9th Closed Meeting Items (see separate agenda) 10th Recess 11th Motion to Rise and Report 12th Motion to Adopt Recommendations from the Committee Of The Whole 149-151 13th Consideration of By-Laws 14th ADJOURNMENT LUNCH WILL E PROVIDED NOTICE: March 10, 2009 9:00 A.M. - County Council Meeting March 24, 2009 9:00 A.M. - County Council Meeting I THE CORY MMINOMEMYOF ST. THOMAS ST. THOMAS - ELGIN ONTARIO WORKS 423 Talbot Street St. Thomas, Ontario N5P 1C1 ?s`t~ 1 w, Re ort No. OWEC01-09 REPORT TO COUNTY COUNCIL FROM: Sandra Datars Bere, Director of Ontario Works and Social Housing St. Thomas - Elgin MEETING DATE: February 17, 2009 SUBJECT: Funeral Service Policy and Revised Rates Recommendation: THAT: Report OWEC01-09 of the Director of St. Thomas-Elgin Ontario Works (STEOW) regarding Funeral Service Policy and Revised Rates be received for information. Report: On January 12, 2009, the Council of the City of St. Thomas, as the Consolidated Municipal Services Manager for St. Thomas and Elgin County, received the attached report ((OW01-01 -Attachment A). After consideration, Council approved the new Funeral Service Policy and Revised Funeral Reimbursement Rates, which went into effect on February 1, 2009. Since that time, staff from the STEOW has met with representatives from Funeral Service Providers across the community (4 February 2009) to confirm the new policy and provide information on reimbursement procedures. During that meeting, Funeral Service Providers indicated both support for the policy (consistent with meetings with them in late 2008) and willingness to observe its implementation consistent with STEOW policies and procedures. STEOW has also received feedback from the Ministry of Community and Social Services regarding the approved policy. The Ministry has recommended two small additions/clarifications to the policy (applicability to all; coverage outside community). The newly revised policy (Attachment B) is also provided for County Council's review and will be going forward to City Council on February 17, 2009 for their review and endorsement. All information is attached for County Council's review, comments and questions. St. Ontario Works OWECOI-09 17 February 2009 IT19C11/1i~~1 f} Report No r ' Corporation of the . OW01-09 File No City of St. Thomas . ST THOilfAS Date Authored: Directed to: Chairman Lori Baldwin-Sands and Members of the Social January 2, 2009 Services Committee Meeting Date: January 12, 2009 Department: St. Thomas-Elgin Ontario Works & Social Housing Attachments 1. Proposed Funeral Prepared B Sandra Deters Bere, Director y' Policy 2. Resolution from United Counties of 5DG Subject: Funeral Service Rates Recommendation: THAT: Report OW01-09 be received for information, and further; THAT: Council approve the new Funeral Policy attached to this report, and further; THAT: Council approve the new funeral rates established for February 1, 2009, and further; THAT: These new rates be incorporated in the 2009 budget submitted by Ontario Works, and further; THAT: Council support the resolution of December 15, 2008 of the Council of the United Counties of Stormont, Dundas and Glengarry, recommending that the Ministry of Community and Social Services increase maximum rates for funeral services and extend provincial funding to all needy individuals. Background: Municipalities are required by the statutes of the Public Hospitals Act and the Anatomy Act to cover the funeral and burial expenses for indigent persons who die in hospitals and for unclaimed bodies where the deceased would normally have resided within their jurisdictions. If a body has not been claimed by a relative for disposition or by any other person who gives a bona fide undertaking to dispose of the body, it is the responsibility of the municipality within whose limits the body was found to cover the cost of burial. Under Regulation 134/98 of the Ontario Works Act (1997), the Ontario Works Administrator (Director, St. Thomas-Elgin Ontario Works) has the ability to provide a discretionary benefit to residents of the Elgin and St. Thomas community who are in receipt of social assistance (Ontario Works or Ontario Disability Support Program) to cover the costs of a funeral and burial or cremation. An amount of $23250 is the recommended maximum set by the Ministry of Community and Social Services (MCSS) for funeral services. Administrators do, however, have the discretion to exceed the guideline amount. Permanent residents of the community with limited income (non-social assistance clients) may also be eligible for similar assistance. Eligibility in these cases is determined through an application process prior to the finalization of funeral arrangements. Applications for all seeking benefit are made to and processed by staff at the Ontario Works Department, in conjunction with families and funeral service providers/funeral homes within our community. At present within this community, funeral costs for those on assistance are cost shared (up to $2,250 maximum) with the province (80/20) while the funeral costs for non-social assistance individuals (indigents are borne 100% by the municipality (in keeping with the statutes of Acts as identified above). Where they exist, OW does pursue recoveries from Canada Pension Plan Death benefits, proceeds of bank accounts or life insurance policies to offset some of the funeral service expenditures. Report: Consideration for Increased Costs: The costs for providing funeral services have increased over the last several years. However, the recommended maximum, as set out by MCSS, has not increased nor has the OW Administrator used discretion to exceed the guideline amount. In recent correspondence from the six funeral homes that serve the Elgin County and St. Thomas community as well as subsequent meetings (November 12, December 16) with representatives from this group, the Funeral Directors have indicated that the current cost of providing funeral services far exceeds the recommended maximum set by MCSS and used currently by STEOW. The Directors have recommended a new fee schedule, which they indicate is based on an average of costs for funeral services and merchandise across the six funeral service providers. The proposed fee is as follows: Professional Services, facilities & equipment for two-hour visitation and service, all the same day including Funeral Coach and Director/Clergy vehicle with local interment (within 50 km) with flattop grey cloth-covered casket Cost: $4,650 GS..* $ 233 Total Costs: $4,883 All cash disbursements (cemetery/cremation fees, etc.) will be extra. Unusual circumstances (oversize or sealed caskets) will require additional negotiation as need arises. Comparators: Over the last year, in response to a coordinated campaign from funeral home directors/funeral directors associations across the province, many municipalities have been reviewing funeral service costs and in some cases, increasing rates. Rates paid by municipalities tend to vary, especially when costs for burial and other services are added to the basic funeral rates. In general, additional costs (for items including cemetery plots, opening and closing grave, liner, etc.) average between $1,000 and $1,500. The following chart provides an overview of average/maximum rates in other municipalities: Municipality Current Maximum Increase Pending Other Comments Rate for Funerals City of London 2008 - $2,455 Request has been Still under review by Additional/ burial costs made by Funeral Home Council = approx. $1000 for Directors Association total $3,455 for $5,100 County of Oxford Increase approved Request had been Council approved new November 1, 2008 to forwarded by area rate on October 22 and $4994.85 (previously Funeral Home Directors implemented $2,250 Association November 1, 2008 County of Norfolk 2008- $2,258 Request has been Council review/approval made by Funeral pending review by staff Directors Association for $4,884 plus GST County of Bruce 2008 - $2,970 (plus Request has been Under review; Council additional actual costs made by Funeral Home approval pending for other services) Directors Association review of actual costs Total approx.costs - for $5,100 $4,000 County of Grey 2008 - $3,053 plus No request has been N/A additional costs for made and no increase other services is being considered City of Stratford/ 2008 - $3,035 plus No request has been NIA Perth County additional actual costs made and no increase for other services is being considered (cemetery, cremation County of Middlesex 2008 - $2,225 plus Automatic Increase Increase in January other expenses annually based on CPI 2009 (capped) increases County of Lanark 2008 - $5,169 plus Increase implemented NIA additional actual costs following request in December 2007 Municipality of 2008-$ 1,959 plus No formal increase from Proposed 3% increase Chatham Kent additional actual costs Funeral Directors at this in 2009 budget time City of Windsor 2008- $1,558 plus Not currently No increase since 2004 additional costs (approx) $1000 for total of $2,558. City of St. Thomas 2008- $ 2,250 plus Request received from No increases some additional costs local funeral directors -2- It is noted that the Ministry of Community and Social Services has not increased the maximum rate for funerals for several years. As a result, as noted above, other municipalities are considering rate increases as well as recommending that MCSS increase the maximum rate. On December 15, 2008, the Council of the United Counties of Stormont, Dundas and Glengarry passed a resolution (copy attached) requesting that MCSS review its current funeral policy to amend it to both increase the maximum as well as extend provincial funding assistance to all needy individuals, regardless of age or receipt of any social assistance (OW or ODSP). It is noted that any increase to the maximum rate or extension of provincial funding to support all funerals could result in a reduction to municipal costs. Funeral Costs incurred in 2008: St. Thomas Elgin In 2008, St. Thomas-Elgin Ontario Works facilitated the payment of twelve (12) funeral services. Funeral services were provided for these deceased individuals by funeral home providers both from within this community as well as in the London and Middlesex community. Two funerals were indigent funerals thus requiring a 100% municipal payment. The average cost/payment for these funerals was $1,875 and reflects both varying costs among providers as well as the maximum allowable for this community. Local Funeral Home Directors have advised STEOW that costs over and above the maximum allowable are being absorbed by the individual funeral home. It is also noted that reimbursements were received for four (4) of these funerals (CPP Death benefits, ODSP reimbursements). Costs for funerals in 2008 (year to date) total $20,625 less reimbursements of $3,930 for an overall total of $16,695. With reimbursements, for 2008 the average cost per funeral is $1,518. Protected Impact of New Rates: Local Funeral Directors have requested increases to the municipal funeral rate to reflect actual costs and address the issue of additional costs over and above the maximum rate being absorbed by the funeral directors. This recommended increase totals $4,883 plus additional costs, estimated to average $1000 for a total of $5,883. It is noted that this amount is in excess of the MCSS maximum ($2250) as well as the average incurred by STEOW during the current year ($1,518). Based on 2008 funeral costs to date (12 funerals), the following comparison is provided: Projected Costs (net of Total Costs Provincial Portion Municipal Portion estimated (80%) (20%) reimbursements*) 2008 Funerals -Actual $16,698 80% of $13,976 = 20% of $13,976= Costs (average - $1,518) ($13,976 - cost shared, $11,180 $2,795 plus $2,722 $2,722-100% Total: $5,517 municipal.) 2008Funerals -AIIat $20,823 $16,658 $4,165** provincial maximum ($2250 less reimbursements = $1,893 2008 Funerals -All at $ 49786 80% of max allowable 20% of $20,823 = proposed maximum ($4,883 ($20823) _ $16,658 $4165 plus $28,963 less reimbursements= (100% mun.) $4,526) Total: $33,128 2008 Funerals - At $ 60,786 80% of max allowable 20% of $20,823 = proposed maximum plus ($20,823) _ $16,658 $4,165 plus $39,963 additional costs 53883 (100% mun.) less reimbursements= Total: $44,128 $5,526 Estimated Reimbursement amount is equivalent to 2008 amount, for illustrative purposes. It is noted that the estimated municipal portion does not reflect any 100% municipally funded funerals (non-assistance individuals). Where these are approved and occur, the municipal portion of the costs increases, as it did in 2008. Analysis and Recommendations: Adopting the rates as proposed, either the maximum recommended and/or the maximum plus estimated actual extra costs will have a significant impact on the STEOW budget. There will be a resulting increase of $43,000 (maximum) in 100% municipal costs over current rates (based on the number of funerals paid for in 2008.) It is noted that costs will increase aslif additional funerals occur. Adoption of these rates for the 2009 period, in light of Council's direction for a 0% increase, will mean a reduction may be required in other areas of the OW budget. This may be difficult, given concurrent increased caseloads and costs associated with this. -3- It is recognized, however, that current rates do not reflect the actual costs being incurred by funeral home service providers and that costs are being absorbed by funeral directors. As a result, following negotiations with the funeral service providers, a Funeral Service Policy has been developed. The policy includes the following schedule of costs / allowances, recommended to be implemented on February 1, 2009. If approved, increased costs being built into the 2009 budget. It is noted that any increase will be incurred for all funerals, and will impact county costs, per the cost sharing relationship with the County of Elgin. Additionally, if MCSS were to increase the maximum rate and/or extend financial assistance to all needy individuals, a greater portion of these increased costs could be cost shared, thus reducing the overall municipal costs. The following is an overview of the recommended rates: St. Thomas-Elgin Ontario Works Funeral Rates - 2009 (Effective February 1, 2009) k*k***k******#*k#**}*##44444**#*X********#*}*h*343X4k*****k*k*****k###kkkkk*kXkk***k*******#####**kk**kk*******#**#*#* Basic Funeral Rate: Adult / Child 10 years and older $ 4,883 (plus GST) Child - under 10 years $ 1,000 (plus GST) Included in Basic Funeral Rate: Professional Services, facilities & equipment for two-hour visitation and service, (all the same day) including Funeral Coach and Director/Clergy vehicle with local interment (within 50 km) with flat-top grey cloth-covered casket. Additional Costs/ Disbursements: St. Thomas-Elgin Ontario Works will pay for the following additional charges, at rates indicated below., Plot At Cost Opening/Closing of Grave At Cost Artificial grass & lowering device rental At Cost Cremation At Cost Coroner's Certificate At Cost Clergy Stipend Up to $100 Liner for grave (only as required) Retail Cost less 10% Heavy duty containment pouch (only as required) At Cost Cremation Urn (basic) Up to $300 Oversize Casket At additional cost No provision will be made for medfa/newspapernotices, acknowledgement cards, organist or other costs. Reduced Rate: There is an expectation that where the applicant/family chooses less or minimal services (no visitation, graveside service only, cremation only), funeral service providers will reduce charges to reflect less service provided. All discussions in this regard will take place, on a case-by-case basis, with STEOW staff. Adoption of Resolution from The Council of the United Counties of Stormont. Dundas and Glengarry: It is recommended that Council adopt the resolution passed by the Council of the United Counties of Stormont, Dundee and Glengarry thereby requesting that the Ministry of Community and Social Services increase the maximum funeral rates and extend provincial cost shared funding to all needy individuals. The Council of the County of Elgin has also received a copy of this resolution and may consider adoption of this resolution and the resulting action at an upcoming meeting. -4- Conclusion: The provision of funeral and burial services for those requiring in it in the Elgin County community, consistent with both provincial legislation and Ontario Works policy, is an essential service, administered by St. Thomas Elgin Ontario Works (as the service manager) in partnership with local funeral service providers. The costs of funerals and burials have risen over the last several years, yet the maximum paid has remained constant, resulting in much of the additional costs being borne by funeral service providers. As a result, a new funeral service policy and rate structure is being recommended for Council's review and approval. Staff is available to respond to questions or provide clarification as required. Respectfully submitted, r.: ~~tl :9,?Le d P/ij- Sandra Datars Bere, Director St. Thomas-Elgin Ontario Works Reviewed By: Human OW & Treasury Env Services Planning City Clerk Resources SH -5-- ~I ~~7~ C t{ti1 L ~v^ i ~ ~s Funeral Policy St. Thomas Elgin Ontario Works (Effective February 1, 2009) Overview: Municipalities are required by the statutes of the Public Hospita/s Act and the Anatomy Actto cover the funeral and burial expenses for persons who die in hospitals and for unclaimed bodies where the deceased would normally have resided within their jurisdictions. If a body has not been claimed by a relative for disposition or by any other person who gives a bona fide undertaking to dispose of the body, it is the responsibility of the municipality within whose limits the body was found, to cover the cost of burial. Under Regulation 134/98 of the Ontario Works Act (1997), the Ontario Works Administrator (Director, St.Thomas Elgin Ontario Works) has the ability to provide a discretionary benefit to residents of the Elgin and St. Thomas community who are in receipt of social assistance (Ontario Works or Ontario Disability Support Program) to cover the costs of a funeral and burial or cremation. Under the Ontario Works Provincial Directive 7.1, Health Benefits, an amount of $2,250 is the maximum set by the Ministry of Community and Social Services (MCSS) for funeral services. Administrators do, however, have the discretion to exceed the guideline amount on a case by case basis as situations warrant. Permanent residents of the community with limited income (non-social assistance clients) may also be eligible for similar assistance. Eligibility in these and all other cases is determined through an application process prior to the finalization of funeral arrangements. Applications for all seeking benefit are made to and processed by staff at the St. Thomas Elgin Ontario Works, in conjunction with families and funeral service providers/ funeral homes within our community, prior to the service being provided. Policy: The City of St. Thomas/ St. Thomas Elgin Ontario Works, as the Service Manager on behalf of both the City and the County of Elgin, administers the funeral and burials program for both social assistance recipients and limited income individuals across the Elgin Community. The primary contacts for this program are the STEOW Case Aides, who can be reached through direct contact with the STEOW office. Approval for funding to support funerals and burials must be received prior to finalization of arrangements with funeral service providers. Recipients of assistance are able to choose any funeral home to provide the necessary service. Regardless of funeral home chosen, the rates as established through this policy, will apply. STEOW staff will work with applicants and funeral service providers to finalize approvals and arrangements, as required. STEOW Funeral Policy February 2009 It is recognized that all requests for discretionary benefit funding to cover the cost of funeral services (regardless if individuals are Social Assistance recipients (SAR) or non- Social Assistance Recipients) will be reviewed fairly and consistently to determine eligibility. It is understood, however, that provincial cost sharing funding is available for SAR funerals only. The cost for all non-SAR funerals are the full responsibility of the municipality. Costs to be Paid by St. Thomas Elgin Ontario Works: Basic Rate/Funeral Coveraoe: The cost of funeral services will be paid once approved, subject to arrangements made through funeral directors/ funeral service providers, for the following services: 1. Professional services and attention to all funeral arrangements and details 2. Acquisition of all necessary documents and permits 3. Removal from local place of death to the funeral home (within 50 km) 4. Embalming and casketing of remains 5. Use of funeral service facilities and equipment, including two hour visitation and service (all same day) 6. Use of Funeral Coach and Director/clergy vehicle (within 50 km) for local interment 7. Provision of flat-top grey cloth covered casket. The above noted services are established as the Basic Funeral Coverage to which a consistent rate will apply. St.Thomas Elgin Ontario Works shall pay the following rates (plus GST) for funeral services (2009): Adults and children 10 years and older: $ 4,883 (plus GST) Children under 10 years: $ 1,000 (plus GST) There is an expectation that where the applicant/family chooses less or minimal services (no visitation, graveside service only, cremation only), funeral service providers will reduce charges to reflect less service provided. All discussions in this regard will take place, on a case by case basis, with STEOW staff. STEOW Funeral Policy February 2009 Disbursements/Additional Charoes St. Thomas Elgin Ontario Works will pay for the following additional charges, at rates indicated below: Plot Opening/ Closing of Grave Artificial grass & lowering device rental Cremation Coroner's Certificate Clergy Stipend Liner for grave(only as required) Heavy Duty Containment Pouch (only) as required) Cremation Urn (basic) Oversize Casket At Cost At Cost At Cost At Cost At Cost Up to $100 Retail cost less 10% At Cost Up to $300 At additional cost No provision will be made for media/newspaper notices, acknowledgement cards, organist or other costs. • Funerals held outside of Community /Jurisdiction Where it is determined that services for a deceased person from this community are needed to be provided/ desired to be provided outside of this community, there will be discussion between the Funeral Service Provider/ family and STEOW staff. Any additional costs will need to be considered on a case by case basis. Cost Reimbursement It is recognized that income from insurance benefits, Old Age Security, GAINS, Canada Pension Plan or like benefits, contributions from family or friends shall also be taken into account and treated as primary income with assistance for the balance. In all funeral and burial situations, as noted previously, prior authorization of STEOW (Director or designate) is required. Annual Review St. Thomas Elgin Ontario Works will review the funeral rates on an annual basis and subject to negotiations with local funeral service providers and Council approval, will consider annual increases/ adjustments not to exceed a rate equivalent to the Canadian Consumer Price Index (as announced in the previous October). STEOW Funeral Policy February 2009 St. Thomas Elgin Ontario Works Funeral Rates - 2009 (Effective February 1, 2009) Basic Funeral Rate: Adult / Child 10 years and older $ 4,883 (plus GST) Child - under 10 years $ 1,000 (plus GST) Included in Basic Funeral Rate: Professional Services, facilities & equipment for two hour visitation and service, (all the same day) including Funeral Coach and Director/ clergy vehicle with local interment (within 50 km) with flat-top grey cloth-covered casket. Additional Costs/ Disbursements: St. Thomas Elgin Ontario Works will pay for the following additional charges, at rates indicated below: Plot At Cost Opening/ Closing of Grave At Cost Artificial grass and lowering device rental At Cost Cremation At Cost Coroner's Certificate At Cost Clergy Stipend up to $100 Liner for grave (only as required) Retail Cost less 10% Heavy duty containment pouch (only as required) At Cost Cremation Urn (basic) Up to $300 Oversize Casket At additional cost No provision will be made for media/newspaper notices, acknowledgement cards, organist or other costs. Reduced Rate: There is an expectation that where the applicant/family chooses less or minimal services (no visitation, graveside service only, cremation only), funeral service providers MY reduce charges to reflect less service provided. All discussions in this regard will take place, on a case by case basis, with STEOW staff. STEOW Funeral Policy February 2009 ENNESSEY GIBSON HOGAN LLP Barristers, Solicitors, Notaries Public 99 Edward Street, 2nd Floor, St. Thomas, Ontario N5P 1Y8 Telephone: Facsimile: E-mail: File No. 150-400 Corporation of the County of Elgin 450 Sunset Drive St. Thomas, Ontario N5R 5V1 Canada ATTENTION: Mr. Mark McDonald Dear Sir: February 9, 2009 RE: Road Needs Study (519) 633-3310 (519) 633-9374 steveg@hbeclaw.com I confirm my understanding that you have received final bound copies of the Road Maintenance Study from the consultants for purposes of distribution to County Council and, eventually, the lower tier municipalities. It is noted that a number of Study recommendations relate to revisions of the current Road Maintenance Agreement. I support the concept of Agreement review and revision, particularly as it relates to reporting and penalty provisions. It is also noted that a number of Study recommendations appear to relate to and be directed at specific Recommendations of the Hipson Inquest Jury. It is to be emphasized that Inquest Jury Recommendations must be implemented or, in the alternative, an explanation for non-implementation provided - it is to be appreciated that a Study recommendation mirroring or supporting an Inquest Jury Recommendation should emphasize the need for implementation of such recommendations. The related Inquest Jury and Study Recommendations are as follows: Inquest Jury Recommendation # 2 Mandatory and annual attendance at "Road School" by the Municipality and County Road Superintendents. Other road employees should be given the opportunity of attending. Study Recommendation # 13 That all of the municipalities establish a training policy (and dedicated budget) that includes core training on basic maintenance and construction for all operations staff, equivalent to the OGRA Mahoney Road School; for operations staff that are first level supervision or above the training should continue through OGRA C.S. Anderson Road School or equivalent; for engineering staff training should inchcde an appropriate selection of courses from the OGRA Municipal bikastructure training program or equivalent. Murray J. Hennessey, B.A., B.C.L. (retired) Stephen H. Gibson, B.A., LL.B. Deborah-Anne (Hennessey) Gibson, B.A., LL.B. John E. Hogan, B.B.A., LL.B. -2- 2. Inquest Jury Recommendation # 6 That the Province consider amending the minimum road standards to give consideration to periodic inspection for the structural integrity of roads and to include a requirement to maintain construction details and maintenance records. This should also include records ofvisutal inspections. Study Recommendation # 17 Standardized forms should be developed for reporting on road conditions, mandatory patrols, material usage and accomplishment, year end and all other reporting requirements for the agreement. Study Recommendation # 19 The County should revise its inspection form to list the speck conditionshneasurenuents that are being reviewed. 3. Inquest Jury Recommendation # 8 The Comity of Elgin create and utilize the standardized maintenance report to be completed on a regular basis. Study Recommendation # 17 As above. Study Recommendation # 19 As above. 4. Inquest Jury Recommendation # 9 Quarterly County ofElgin inspections to be conducted with the Municipal Road Official. Study Recommendation # 20 The County and the Lower Tiers should conduct the quarterly inspections jointly. 5. Inquest Jury Recommendation # 10 All Elgin Municipalities provide quarterly "activity reports" back to the County of Elgin. Study Recommendation # 4 That the agreement be revised to require documentation be provided to the County identifying labour, equipment and material usage by activity. Of the Jury Recommendations directed to or otherwise subsequently referred to the County of Elgin, the Road Maintenance Study does not appear to address Jury Recommendation # 7, requiring periodic engineering assessment of the structural integrity of roads bearing overweight loads and for which a County permit has been issued. I again support implementation of that specific recommendation. In addition to those made by the consultants, I would make the following recommendations to address issues otherwise identified through the Inquest process: -3- That the County of Elgin undertake and maintain an inventory of subsurface conditions/structural integrity for highways and roads under its jurisdiction and in particular for those highways and roads currently under its jurisdiction and for which no construction or maintenance specifications or details are currently held. 2. That the County of Elgin develop and implement a protocol for pre-transfer engineering review and assessment, including but not limited to subsurface conditions and structural integrity, of highways and roads to be acquired by the County of Elgin. I confirm that Mr. Anderson and I will be in attendance before County Council on February 17, 2009, at which time I am certainly prepared to field inquiries relative to the above comments. SON HOGAN LLP Yren H EY GIB SGibson SHG:sb REPORTS OF COUNCIL AND STAFF FEBRUARY 17, 2009 Staff Reports - (ATTACHED) 16 Deputy Director of Community and Cultural Services -Economic Development Marketing Awards 18 Deputy Director of Community and Cultural Services - SCOR: Funding Request 24 Tourism Development and Marketing Coordinator -Proposed Port Stanley Jazz Festival 26 Curator, Elgin County Museum -Museum Advisory Committee Appointees 28 Purchasing Coordinator- Procurement Policy Update and Implementation of Informal Bid Template 39 Elgin County United Way Special Events Committee Chair and Co-Chair -Upcoming Special Events in 2009 41 Director of Financial Services -Heritage Property Tax Relief 58 Director of Financial Services -Leasing Arrangements 60 Director of Financial Services -Council and Outside Boards Remuneration and Expenses 66 Building Sciences Technologist, Human Resources Assistant -Accessibility Standards for Customer Services, Ontario Regulation 88 Engineering Technologist- Talbot Line Rehabilitation -Approval to Expropriate Lands 91 Director of Engineering Services -Union Gas Franchise Agreement 104 Director of Engineering Services -Jamestown Bridge 107 Deputy Director of Engineering Services -Elgin County Teranet Data and Aerial Photography Update 110 Deputy Director of Engineering Services -Sparta Line Culvert Lining 112 Human Resources Coordinator- Policy Review and Updates 131 Payroll & Benefits Coordinator-Annual Benefit Renewal 2009 136 Directors of Senior Services - BA/, E/M & T/L - Contract Hair Salon Service -Change in By-Law 15 I Iin_ouunry REPORT TO COUNTY COUNCIL A sdu brty FROM: Alan Smith, Deputy Director of Community and Cultural Services DATE: February 9th, 2009 SUBJECT: Economic Development Marketing Awards CORPORATE GOAL(S) REFERENCED: 1. To promote Elgin as "The Place to Live" 3. To forge community partnerships 4. To provide innovative and collaborative quality service 5. To recognize and seize opportunities for improvement INTRODUCTION: One of the primary roles of the Cultural Services department, Economic Development and Tourism Services, as identified in the County of Elgin Economic Development Plan 2007-2011, is the development and implementation of marketing initiatives and creating an identity for the County. Consequently, as a result of the "County of Elgin Marketing and Branding Strategy 2008-2011, a progressive marketing campaign was developed that included a modern new logo, community profile brochure, municipal profile brochure, and other initiatives. Council's investment and forward thinking in this strategy is now being recognized. In the field of investment attraction, Elgin County's energetic new marketing campaign has been judged outstanding by the Economic Development Council of Ontario (EDCO). DISCUSSION: The County of Elgin took home two awards at the ECDO Annual Conference. Elgin County's new brand, "Progressive By Nature" and investment attraction package were winners under the categories of Branding and Publications at the Ontario Economic Development Awards held February 5th at the Eaton Centre Marriot Hotel in Toronto. The competition enables communities to see how they stack up against other municipalities when it comes to promoting location, investment and tourism opportunities. Having a marketing campaign that is creative, attractive and vibrant heightens the County's profile in a very competitive market for the retention and attraction of business investment, particularly in Elgin's target sectors of Energy and Environment, Agri-business, Tourism, and manufacturing. EDCO's awards panel selected Elgin County for distinction among more than 150 submissions from municipal economic developers, thus, a source of pride for County officials and staff. It should also be noted that Elgin County was a finalist for the Lieutenant Governor's marketing award of distinction. CONCLUSION: EDCO consists of close to 600 private and public sector members from all sectors of the Ontario business community. The awards ceremony honours the location, investment and tourism promotion efforts of Ontario cities and municipalities. The professional economic development awards for Elgin County's attraction products are a tangible recognition of the County's history of innovation and continued propensity to break new ground. By investing in a progressive marketing strategy, County Council has heightened Elgin's profile in a competitve market place. Elgin County now has award winning tools and a bold marketing strategy that will showcase Elgin's incredible attributes, friendly communities and quality of life to entrepreneurs and prospective businesses. RECOMMENDATION: THAT this report be received and filed as information. All of which is Alan Sm' i'ih Deputy Director, Community and ,-Cultural Services Brian Masschaele Director, Community and Cultural Services Approved for Submission f Elgll1 _otE» REPORT TO COUNTY COUNCIL FROM: Alan Smith, Deputy Director of Community and Cultural Services DATE: January 23`d, 2009 SUBJECT: SCOR: Funding Request CORPORATE GOAL(S) REFERENCED: 1. To ensure fiscal responsibility and accountability. 2. To promote Elgin as "The Place to Live" 3. To forge community partnerships 4. To provide innovative and collaborative quality service 5. To recognize and seize opportunities for improvement INTRODUCTION: As Council is aware, the County of Elgin along with the counties of Brant, Norfolk, Middlesex, and Oxford form a municipal partnership comprising the South Central Ontario Region or SCOR. In 2008, the five counties signed a Memorandum of Understanding and contributed $5,000 each to help fund the SCOR partnership. A request from the SCOR Executive has been received by the County of Elgin, requesting each partner county contribute $5000.00 to SCOR for the fiscal year 2009 (please see appendix one). DISCUSSION: As a partner in SCOR, the County of Elgin has supported this municipal partnership with funds, $5000 from the 2008 Economic Development budget, and continues contributing considerable staff time. Appendix two provides an update on SCOR activities and successes. One of the main undertakings of SCOR is the development of a Strategic Management Plan. A work plan for the remaining components of this initiative is also provided in appendix two. As part of the strategic planning process a vision for the economic revitalization and diversification of the five county region was recently adopted by the SCOR executive: In 2020, SCOR has a sustainable, prosperous and diverse economy driven by innovation. Our bountiful land, enterprising people and dynamic communities are the foundation of our success" The vision is supported by seven strategic directions and the partnership is currently preparing actions plans for each: agribusiness & food industry; tourism; manufacturing; energy, environment, culture & quality of life; and, public infrastructure. Volunteers from Elgin County and County staff are currently involved in the development of these action plans. The Strategic Management Plan will be ready for implementation at the end of August 2009. SCOR also has participated in the initiative led by MP Joe Preston with respect to the Federal Government's response to the decline in the Tobacco Sector, which culminated in the announcement of $286 million for a Tobacco Transition Program and $15 million for community development initiatives. The Government of Canada has pledged that SCOR would be the official "conduit" for the 15 million community development fund. In order for SCOR to continue to progress and reach its strategic objectives, continued support from the five (5) counties that consist of SCOR is crucial. Therefore, staff is recommending that County Council support SCOR's funding request of $5000.00 for the fiscal year 2009, with the funds being drawn from the 2009 Economic Development operating budget. CONCLUSION: At its meeting on December 91h, 2008, the SCOR Executive passed a resolution requesting each of the five (5) partner counties provide $5000.00 to SCOR for the fiscal year 2009. In order for SCOR to continue to succeed and to develop a long-term economic development diversification strategy for the region, and to address other economic development priorities, staff are recommending that County Council supports SCOR's funding request. RECOMMENDATION: That County Council supports SCOR's funding request for $5000.00, for the fiscal year 2009, with the funds being drawn from Economic Development's operating budget. All of which is Respectfully Submitted Alan Smith Deputy Director, Community and Itural Services Brian Masschaele Approved xSU mission Mar Chief Administrative Officer Director, Community and Cultural Services Appendix One December 18, 2008 Alan Smith Deputy Director Community and Cultural Services Economic Development and Tourism County of Elgin 450 Sunset Drive St. Thomas ON N511 5V1 Dear Alan: RE: FUNDING REQUEST FOR SOUTH CENTRAL ONTARIO REGION The South Central Ontario Region (SCOR) municipal partnership, in which your County is a partner, is working with representatives of the Province of Ontario and the Government of Canada to develop a long-term economic development diversification strategy for the region and to address other priority needs. I would like to take this opportunity to thank you, on behalf of SCOR, for your past and ongoing support for this Initiative, which is critical to our success. At its meeting on December 9, 2008, the SCOR Executive passed a resolution requesting each County to provide $5,000 to SCOR for fiscal year 2009. A progress report outlining work achieved to date by SCOR is being prepared and will be forwarded to you by SCOR Executive Chair Dennis Travale. ' On behalf of SCOR, I request that the County of Elgin consider contributing $5,000 to South Central Ontario Region. If you have any questions about payment, please contact Norfolk County, which is SCOR's banker, by contacting Clark Hoskin at (519) 426-5870 ext 1238. Should you have any questions regarding these, please do not hesitate to contact me immediately. We look forward to the federal government's continued support of the SCOR area. YoPHa / Bo k , Treasurer South Central Ontario Region (SCOR) SCOR - MAILING ADDRESS 200 Broadway, 2n° Floor, Tillsonburg, Ontario N4G 5A7 Canada Telephone: (519) 842-6428, Ext. 3250 / Fax: (519) 842-9431 - Web: www.soorrenion.com / Email: scorCo. rreoion com Appendix Two En Iv F.: n JAN 12 2009 COUNTY OF ELGIN ADMINISTRATIVE SERVICES Warden Sylvia Hothuis County of Elgin 450 Sunset Drive St. Thomas, ON N5R 5V I RE: UPDATE ON SCOR ACTIVITIES Dear Warden Holhuis: Further to our recent correspondence, SCOR is pleased to provide an update on our activities and successes to date: Development of a regional economic data base and economic profile - all of the SCOR documentation is posted on the website w~escorreaion.com ; Establishment of a volunteer-based Strategic Planning Team ((SPT) upwards of 17 members representing each County, which met every two weeks) to develop the "framework' ; Preparation of a full draft of the strategic framework by the SPT under the guidance of staff from OMAFRA and with the support of the SCOR Administrative Committee. The framework includes a vision statement, strategic priorities and related goal statements and performance measures; SCOR hired a Project Manager to guide and facilitate the successful completion of the strategic framework/planning project; A detailed work plan is in place to ensure timely completion of the project with all deliverables achieved; $CDR -MAILING ADDRESS 200 Broadway, a Floor, Tillsonburg, Ontario N4G 5A7 Canada Telephone: (519) 842-6428, Ext. 3250 / Fax: (519) 842-9431 Web: wovecorreolon.com l Email: scorascomegion com January 8, 2009 • A Communications Plan has been prepared and is guiding ongoing communications with the public and regional stakeholders. The plan supports community engagement activities. Tools in use include: ➢ SCOR logo; ➢ www.scorregion.com; ➢ An online survey associated with the consultations described below; and ➢ Establishment of a SCOR office; • With the endorsement of the SCOR Executive Committee, the draft strategic framework was the focus of discussions with stakeholders at workshops (S) held across the region; • Stakeholder input was used to refine the strategic framework and to determine the priorities for action that will he the focus of business planning efforts in Phase 2; • Volunteers are currently being sought for the working groups that will be completing business plans in the first few months of 2009; and • Other organizational activities were undertaken to support and enhance the ability of the SCOR organizational structure to fulfill its mandate including operational procedures. Enclosed you will find a summary of the one year work plan for the information of your Council(s) and staff. I would like to take this opportunity to thank you on behalf of SCOR for your past and ongoing support for this initiative, which has been and will continue to be, critical to our success in diversifying and growing our regional economy. We look forward to continuing to build our regional economy together in partnership. Should you have any questions, please do not hesitate to contact me. Yours truly, eon, va e, Chair Sent entral Ontario Region (SCOR) SCOR -MAILING ADDRESS 200 Broadway, Zo Floor, Tillsonburg, Ontario N4G 5A7 Canada Telephone: (519) 842-6428, Ext. 32501 Fax: (519) 842-9431 Web: vnvw.scc rrealon.com I Email: seorio)scorreolon.com C O O N O N N J r R v € m ~ a ~ v a d o R ~ ~ 0 m ~ v i ~ E ~ N n a 01 N U d E N . R N} C N_ R d R R N Q R o uTi E co a m E O G o 2 N F E R m ti Q y CE2€ R N E U R OR p C ' m m MM R °mN .2 +_.2 0 -g 0 ~-y ro .s++E E o L°pR H od R 'v mo m vc n c a°o~ , y a~ o ma 6 .N y N C YJ m€ N 12 d N C N L C 'C R 9 d 0 N C 1~ _ U Q N ~ c N E 'C O >C✓D yO~Cm R«mNOO. o~ E 250. m (w(ppm FC~- Q. 10 N 2 m0 ~ T~O L Ci w R ~ O a : a mo Emu RC ~ EvNx =cc - E! L°cMC~^1d An. p~ Em~ocgy R~ Er~c EEmR _ E~~'. R E mY oo omy o€~te° i ; Ec ~y°r~ g g oo 0M e' oohs iM- ()2 OOOO:5 c c m OOUaL.QO 0 2I-a R ~p ~ o N o O N ~ r _ M ~ Q = ~ N U ~ ~ I Q c 3 W _ F m I ~ Q E O Z N 6 N C C ~ 3 01 p nM R Q Q LL A O N ~ v y r~+ a a c ~ R c c mt 4. W ~ m a p a a~ • M aE m m R E ~ R N R A R LL ro as M N O. 6~ C j E1inCuul'f} REPORT TO COUNCIL FROM: Karen Cummings, Tourism Development and Marketing Coordinator DATE: February 10, 2009 SUBJECT: Proposed Port Stanley Jazz Festival CORPORATE GOAL(S) REFERENCED: 1. To forge community partnerships 2. To provide innovative and collaborative quality service 3. To recognize and seize opportunities for improvement INTRODUCTION: Both the recent Premier Ranked Destination Framework and Economic Development and Marketing Strategy identified the need for more attractors to encourage overnight stays and day trips, specifically in the Port Stanley area. To accomplish these goals, a "marquis" festival that is authentically based on local history and culture to be held in Port Stanley has been suggested, to replace CALIPSO. DISCUSSION: A meeting with the producers of the Toronto Beaches Jazz Festival (over 1,000,000 in attendance), and the Barrie Waterfront Festival among many others, was held in December, 2008 and a proposal to produce a festival in Port Stanley over the last weekend in August was received in January. A grant application to Celebrate Ontario, including letters of support for the festival in principle from M.P. Joe Preston, M.P.P. Steve Peters, and the Municipality of Central Elgin and from the Warden of Elgin County was sent January 14th, requesting $50,000.00. Announcements will be made at the end of March, 2009 on the successful recipients of the grant. The proposed festival would be held on Port Stanley's Bridge Street, with entertainers from the jazz and blues genres on one main stage. A beer/wine garden (possibly with proceeds going to the Stork Club), vendor areas focusing on locally produced crafters, restaurateurs, producers and artisans will also be featured. The forecast economic impact of the festival is approximately $2.5 million with an estimated attendance of just over 20,000. The budget for the event is coming in at $120,000.00 broken down with contributions as follows: $10,000.00 from County of Elgin/City of St. Thomas drawn from Tourism Services 2009 operating budget pending adoption of the County budget, $10,000.00 from Central Elgin, $10,000.00 from the Port Stanley BIA, $40,000.00 from sponsors (retained by the production team) and $50,000.00 from Celebrate Ontario. The producers are confident the event can be executed within the March to August time frame, and will also look at contingency funding plans even if the BIA's grant bid is unsuccessful. CONCLUSION: It would be difficult for an event of this calibre to be produced in Port Stanley without the assistance of a professional production team. Finding a sufficient number of volunteers with suitable experience will be a challenge and soliciting $40,000.00 worth of sponsors from the local business community would likely prove extremely difficult as well. The jazz/blues genre has an extremely loyal following, and this event production team has established a track-record of success and developed relations with sponsors that may be looking for an emerging market that Port Stanley and Elgin County represents. Although initial feedback from Ontario Tourism is that the application is strong, there is by no means any guarantee that this application will be successful. If the Port Stanley BIA is not successful in receiving grant funds, it would be difficult, but not necessarily impossible to execute the event. Once staff have received news of funding, further recommendations and information will be needed to establish financial and organizational commitments from the proposed partners. RECOMMENDATION: THAT this report be received and filed as information. Respectfully submitted, Ka en Cumm n s~ q IV To rism Development and arketing Coordinato AR~,,Q rian Masschaele /l Approved for submission, Deputy Director, Community and Cultural Services 3 PN$\33113 I••/143fa~v` REPORT TO COUNTY COUNCIL FROM: Mike Baker, Curator, Elgin County Museum DATE: 27 January, 2009 SUBJECT: Museum Advisory Committee Appointees CORPORATE GOAL(S) REFERENCED: 1. To promote cultural services; 2. To forge community partnerships. INTRODUCTION: Two individuals have been proposed for appointment to the Elgin County Museum Advisory Committee to replace members representing organizations or groups whose terms have expired. The report recommends appointment of these two individuals under the terms of By-law No. 05-44. DISCUSSION: According to the provisions of By-law No. 05-44 the terms for the two Women's Institute representatives (Ms. Luella Monteith and Ms. Joan Mansell) have come to an end. Ms. Mansell has agreed to be re-nominated and Ms. Helen Van Brenk has agreed to serve as the other Women's Institute representative. Both will serve a three-year term. Current committee members: Mr. Perry Clutterbuck, Chair, (originally appointed on behalf of the St. Thomas- Elgin Tourist Association), term will expire 2010 Ms. Marie Nancarrow (at large member), term will expire 2010 Leta West, (representing County museums), term will expire 2011 Lynda Hunter (representing IODE), term will expire 2011 Ms. Joan Mansell (representing Women's Institutes), term to expire in 2012 Ms. Helen Van Brenk (representing Women's Institutes), term to expire 2012 Staff recommends these two appointments to the Elgin County Museum Advisory Committee and that Ms. Montieth be thanked for her service. CONCLUSION: This report recommends the appointment to the Elgin County Museum Advisory Committee of Ms. Joan Mansell and Ms. Helen Van Brenk each to serve a three- year term beginning in February, 2009, and that Ms. Montieth be thanked for her service. RECOMMENDATION: THAT Ms. Helen Van Brenk (representing the Women's Institutes) and Ms. Joan Mansell (representing the Women's Institutes) be appointed to the Elgin County Museum Advisory Committee for a three-year term beginning in 2009; AND THAT the Warden issue a letter of appreciation to Ms. Montieth for her years of service. Respectfully Submitted r an Lss Director of Community and Cultural Services Approved for Submission Mark G. c Chief Administrative Officer / l7 Mike Baker Curator, Elgin County Museum } EnTCouuSty Pon me D REPORT TO COUNTY COUNCIL FROM: Sonia Beavers Purchasing Coordinator DATE: January 29, 2009 SUBJECT: Procurement Policy Update and Implementation of Informal Bid Template CORPORATE GOAL(S) REFERENCED: 1. To ensure fiscal responsibility and accountability 2. To provide innovative and collaborative quality service 3. To recognize and seize opportunities for improvement INTRODUCTION: The County of Elgin Procurement Policy has been in place since 2005. Staff have had the opportunity to work with the policy to evaluate the effectiveness and integrity of the process. DISCUSSION: The County's existing procurement policy and methods have proven to be effective. Its construction has been specifically tailored to create a transparent, accountable and competitive process that is open, honest, fair and impartial. Having had the opportunity to work with the policy staff would like to suggest an increase to the value threshold for Informal Quotations. For cost saving measures, County staff is acting as the general contractor for various contracts therefore we are seeing an increase in the volume of work. By increasing the value threshold the work can be expedited in a timely manner. In the current policy, no formal quotes are required for purchases valued at $5,000 or less. For Informal Quotations, Council delegates authority to the Director or designate in consultation with the Director of Financial Services or designate to make purchases of goods and services for estimated expenditures exceeding $5,000 and less than $50,000. Bids documents do not have to be sealed. At least 3 bids must be obtained whenever possible. No report to Council is necessary unless the preferred Quotation exceeds the approved budget appropriation by more than 10%. A semi annual information report is provided to Council which contains details relevant to the award of the contract. Staff would like to suggest the following revisions: ➢ No formal quotes are required for purchases valued at $10,000 or less; ➢ For Informal Quotations, Council delegates authority to the Director or designate in consultation with the Director of Financial Services or designate to make purchases of goods and services for estimated expenditures exceeding $10,000 and less than $50,000. Bids documents do not have to be sealed. At least 3 bids must be obtained whenever possible. No report to Council is necessary unless the preferred Quotation exceeds the approved budget appropriation by more than 10%. A semi annual information report will be provided to Council itemizing details relevant to the award of the contract. The revisions are outlined in the attached Procurement Policy, (Appendix A) In addition to increasing the threshold for Informal Quotations, Financial Services would like to implement a template that will be used by all staff when soliciting bids for items greater than $10,000 but less than $50,000. The implementation of the template will; a) promote consistency and standardization, b) serves as a reminder to request documents such as Certificate of Insurance and Workplace Safety Insurance Board Clearance Certificate, c) provides documentation back up for each quote issued, d) vendor is aware of County's Terms and Conditions. The Informal Bid Template is attached for your review as Appendix B. The Terms and Conditions listed are currently used in the County's Formal Request for Quotation and Tender Document which has been previously approved by the County's Solicitor. CONCLUSION: The County of Elgin Procurement Policy was developed in 2005. The revisions to the policy are structured to create efficiencies while promoting and maintaining the integrity of the procurement process. The Policy protects Council, vendors and staff involved in the process by providing clear direction and accountabilities. RECOMMENDATION: THAT, the Procurement Policy be amended; and THAT, the Informal Bid Template be implemented by all staff when soliciting bids for items greater than $10,000 but less than $50,000. All of which is Respectfully Submitted V-S onia Beavers Purchasing Coordinator -L Jim Bundschuh Director of Financial Services 3.5 SMALL ORDER PURCHASES (Up to $5.00000) 10,000 3.5(1) The Director and/or designate shall be authorized to make Small Order Purchases of goods and services up to an amount of $5,000.00 10,000.00 from such vendor and upon such terms and conditions as the Director deems appropriate. 3.6 REQUEST FOR QUOTATION 3.6(1) Informal or Formal Request for Quotation procedures shall be used where: i. the item is greater than $5-000.00 $10,000 but not greater than $100,000.00; ii. the requirement can be fully defined; and, H. best value for the County can be achieved by an award selection made on the basis of the lowest bid that meets specifications. 3.7 INFORMAL QUOTATION (Greater than $5,0008010.000.00 but not greater than $50,000.00) 3.7(1) The Director or designate in consultation with the Director of Financial Services or designate shall be authorized to make purchases of goods and services for estimated expenditures exceeding $5,000.0010,000.00 and less than $50,000.00 from such vendor. Bid documents do not have to be sealed. Specifications (as applicable) can be issued and quotes can be received by e-mail and/or fax transmission at the using department location. At least 3 bids must be obtained whenever possible. 3.7(2) When the preferred Quotation exceeds the approved budget appropriation by more than 10%, the Director shall submit a report to Council for direction. 3.7(3) The County reserves the right to accept or reject any submission. 3.8 FORMAL QUOTATION (Greater than $50,000.00 but not greater than $100,000.00) 3.8(1) The Director or designate and the Director of Finance or designate shall be authorized to make Formal Quotation Purchases for goods and services for estimated expenditures exceeding $50,000.00 and less than $100,000.00. Bid forms to be provided to Bidders in written format and must close in a formal sealed process. Bids must be submitted to Financial Services at a specified location. At least three (3) bids must be obtained whenever possible. All bids will close on a specified weekday at a specified time. Bids must have a submission label detailing project name and number. 3.8(2) The Director shall be responsible to review the quote submission and verify that all specifications of the quote are met and that the total submitted price does not exceed the approved budget allocation for the project. 3.8(3) When the preferred Quotation exceeds the approved budget for a specific project, the Director shall submit a report to Council for direction. 3.8(4) The County reserves the right to accept or reject any submission. 3.9 REQUEST FOR TENDER (GREATER THAN $100,000.00) 3.9(1) The Director or designate and the Director of Finance or designate shall be authorized to solicit tenders for goods and services for estimated expenditures exceeding $100,000.00 if the item is specifically included within the approved budget. County Council shall award all Tenders. 3.9(2) Request for Tender procedures shall be used where: the item is greater than $100,000.00; the requirement can be fully defined; and, iii. best value for the County can be achieved by an award selection made on the basis of the lowest bid that meets specifications. 3.9(3) Tender forms are to be provided to Bidders in written format and must close in a formal sealed process. Tenders must be submitted to Financial Services at a specified location. At least three (3) tenders must be obtained whenever possible. All tenders will close on a specified weekday at a specified time. Bids must have a submission label detailing project name and number. 19(4) The Director shall be responsible to review the tender submission and verify that all specifications of the tender are met and that the total submitted price does not exceed the approved budget allocation for the project. 3.9(5) The Financial Services Department shall be responsible for arranging for the public opening of the Tender Bids at the time and date specified by the tender call. There shall be in attendance at that time a minimum of: i. The Director of Financial Services or designate ii. The Director of the issuing department or designate 3.9(6) The Financial Services Department shall forward to the issuing Department a summary of the bids subject to review by the Director. 3.9(7) The County reserves the right to accept or reject any submission. 3.10 REQUESTS FOR PROPOSALS 3.10(1) The Request for Proposal procedure shall be used in place of a Tender or Quotation when: i. The requirement is best described in a general performance specification; ii. Innovative solutions are sought; iii. Estimated expenditures not exceeding $50,000.00, the evaluation criteria and process shall be approved by the Director prior to issuance of the Request for Proposal; iv. Expenditure exceeding $50,000.00, the evaluation criteria and process shall be approved by Council resolution prior to the issuance of the Request for Proposal; V. To achieve best value, the award selection will be made on an evaluated point per item or other method involving a combination of mandatory and desirable requirements; vi. The Request for Proposal method of purchase is a competitive method of purchase that may or may not include Vendor pre-qualification; vii. A Request for Information or Request for Expression of Interest may be issued in advance of a proposal to assist in the development of a more definitive set of terms and conditions, scope of work/service and the selection of qualified Vendors; viii. Where the requirement is not straightforward or an excessive workload would be required to evaluate proposals, either due to their complexity, length, number of any combination thereof, a procedure may be used that would include a pre- qualification phase; ix. The Financial Services Department shall maintain a list of suggested evaluation criteria for assistance in formulating an evaluation scheme using a Request for Proposal. This may include factors such as qualifications and experience strategy, approach, methodology, scheduling and past performance, facilities equipment, and pricing; iii. An attempt to purchase the required goods and services has been made in good faith using a method other than Direct Negotiation within this policy which has failed to identify a successful supplier and it is not reasonable or desirable that a further attempt to purchase the goods and services be made using a method other than Direct Negotiation; iv. The goods and services are required as a result of an emergency, which would not reasonably permit the use of a method other than Direct Negotiation; V. The required goods and services are to be supplied by a particular vendor or supplier having special knowledge, skills, expertise or experience. 3.14(2) Any expenditure exceeding $50,000.00 for a one-time purchase or over an annual basis must be reported to Council. 3.15 LEASING 3.15 (1) The Council of the County of Elgin may enter into a leasing agreement in accordance with the Municipal Act, 2001, O.Reg.46/94,0.Reg. 266102. 3.15 (2) In certain circumstances, it may be economically advisable for the County to enter into a Financing Lease to acquire the right to use capital property and equipment rather than an outright purchase. 3.15(3) Leasing is approved as an acceptable means to acquire municipal capital facilities when one or more of the following conditions (goals) are met: L The municipal capital facility cannot be purchased; ii. The lease arrangement provide financially attractive interest rates over the entire life of the lease; iii. The risk of obsolescence on the leased asset rests with the lessor; iv. The leased asset has a high purchase value and is not required on an ongoing basis; V. Short term revenues versus capital needs; 3.15(4) A by-law is required for all lease agreements with the exception of leases made in emergency situations. These leases will be reported to Council at the first available opportunity. A bylaw is not required for leases that are short term in nature of 120 days or less. 3.15 (5) Once each fiscal year the Director of Financial Services shall provide a report to Council outlining all current leasing arrangements. 4.0 DISPUTE RESOLUTION 4.1 Disputes shall be resolved as follows: Meeting between the bidder, the Director of the Department and the Purchasing Co-Ordinator, If (i) does not lead to a resolution, the decision can be appealed to the Director of Financial Services and the Chief Administrative Officer, $1 million - professional errors and omissions liability Builder's Risk - the amount of the project cost 7.1 (2) Bid documents must clearly indicate insurance requirements to be provided by the successful bidder's insurance company. 7.2 Prior to commencement of work and where deemed appropriate, evidence of Insurance Coverage satisfactory to the Director, must be obtained ensuring indemnification of the County of Elgin from any and all claims, demands, losses, costs or damages resulting from the performance of a supplier's obligations under the contract. 7.3(l) The successful bidder must furnish the County at his/her cost a "certified copy" of a liability insurance policy covering public liability and property damage for no less than the minimum amounts stated in 7.1 (1) to the satisfaction of the County and in force for the entire contract period. The policy must contain: I. a "Cross Liability" clause or endorsement; ii. an endorsement certifying that The Corporation of the County of Elgin and the successful bidder are included as an additional named insured; iii. an endorsement to the effect that the policy or policies will not be altered, cancelled or allowed to lapse without thirty days prior written notice to Elgin County. 7.3(2) Contractor's Liability Insurance Policy shall not contain any exclusions of liability for damage, etc. to property, building or land arising from; I. the removal or weakening of support of any property, building or land whether such support be natural or otherwise; ii. the use of explosives for blasting; iii. the vibration from pile driving or caisson work, provided that the minimum coverage for any such loss or damage shall be $5,000,000.00. 8.0 EXCLUSION OF BIDDERS 8.1 EXCLUSION OF BIDDERS IN LITIGATION 8.1(1) The County may, in its absolute discretion, reject a Tender or Proposal submitted by the bidder if the bidder, or any officer or director of the bidder is or has been engaged, either directly or indirectly through another corporation, in a legal action against the County, its elected or appointed officers and employees in relation to: I. any other contract or services; or ii. any matter arising from the County's exercise of its powers, duties, or functions. 8.1(2) The Director of Financial Services may, in consultation with the County Solicitor, a) place the supplier on a two year probation to closely monitor future work or b) put the supplier on notice that all future bids may result in non award of a contract for a maximum of three years. 8.2 EXCLUSION OF BIDDERS DUE TO POOR PERFORMANCE 8.2(1) The Director shall document evidence and advise Financial Services in writing where the performance of a supplier has been unsatisfactory in terms of failure to meet contract specifications, terms and conditions or for Health and Safety violations. The Financial Services Department shall centralize the information for future reference. APPENDIX A LEVELS OF CONTRACT APPROVAL AUTHORITY Note: Sales taxes, excise taxes, goods and service taxes and duties shall be excluded in determining the price of a contract for the supply of goods or services for the purpose of the relationship of the price to the pre-authorized expenditure limit. In the case of multi-year supply and/or service contracts, the pre-authorized expenditure limit shall refer to the estimated annual expenditure under the contract. ,Value, Procurement,Process °Approved,Authorit :Source of Bid - ~Re ort Status $5;000 No formal quotes required. Purchases made No report to $10,000 or Director. from the Council required. less competitive market lace. Greater Informal Quotations (3 quotes 3 written quotes No Report to than $5-,000 required - written) or Direct Director and Director to be obtained. Council required $10,000 but negotiation as a result of Single of Financial Services if within 10% of less than or Sole Source. the approved $50,000 budget allocation. Greater Formal Quotations (3 written Director and Director Advertise in Local No Report to than quotes required) of Financial Services paper, County Council required $50,000 but web site and if within approved less than Ontario Public budget. $100,000 Bu ers website. Greater Request for Tender Advertise on than County Council County website, Report to Council $100,000 local paper, and Ontario Public Buyers website. Less than Reauest for Proposal Director and Director Advertise on No Report to $50,000 In place of a Tender or Quotation when goods and of Financial Services. County web site; Council required services cannot be specifically stipulated or when alternative The evaluation criteria criteria advertise in local if within approved methods are being sought to and process shall perform certain functions or approved by the paper and Ontario budget allocation. services. Director prior to Public Buyers issuance of the Request for Proposal. website. Greater Request for Proposal County Council Advertise on Report to Council. than The evaluation criteria and County website, $50,000 process shall be approved by local paper and Council resolution prior to the Ontario Public issuance of the Request for Buyers website. Proposal. When the preferred proposal i) Exceeds the approved budget appropriation and/or it) exceeds $50,000.00, the Director shall submit a report to Council for direction. APPENDIX "E" Guidelines for the Execution of Purchases These guidelines are provided to assist the Director and/or designate should they choose to exercise their authority to purchase goods or services. Guidelines are organized by objective as follows: Objective 1: Corporate Efficiency Purchases under this authority must be for unique Departmental requirements, and therefore not duplicated in other Departments, such that Corporate purchasing power or standardization is not a factor in costing. Requirements cannot be split in order to qualify for this process. Objective 2: Competitive Process A competitive process is undertaken whereby a minimum of 3 bids is obtained, and the lowest compliant bid is awarded the contract. Care must be taken as to how bids are sought, bidder lists are maintained and how competition is encouraged. Although a minimum of 3 bids is required, an open process without a minimum number of bids will be more competitive, and is encouraged. Objective 3: Open Process Departmental needs are communicated to bidders, who are able to bid on goods or services they are qualified to provide. There should be no limitation of bids to an established listing. Objective 4: Transparent Process The process is undertaken based on clear definition of the product or service requirement, and a clear outline of the review and criteria to be undertaken. The decision to choose the low bidder will be based solely on the requirements as documented, the bidder document, and the application of the review criteria. The same decision should be arrived at each time given the same set of facts, which will facilitate the dispute resolution process. Objective 5: Fair Process The process will be fair, such that no action is undertaken by the County staff to allow any given bidder an unfair advantage. This does not however, require County action to ensure that existing conditions are changed to ensure that any conversion costs from an incumbent to another supplier are ignored in an evaluation - it is in the best interest of the County to ensure that such "levelling of the playing field" is not required. Objective 6: Insurance and Risk Management A Liability Insurance Form and WSIB Certificates of Clearance may be submitted as deemed appropriate at the commencement of the project and periodically as the work is completed. The Director may choose to request Performance and Labour and Material Bonds for informal quotations if it is believed to serve the County's best interest. Obiective 7: Authorization for Payment Quotation Summary Form must be completed, ensuring that the appropriate account has sufficient funds to pay for the contract. Objective 8: Reporting of Items Conducted under Delegated Authority The Director of Finance shall produce a report of all purchases in excess of $5880 $10,000 carried out under this authority, in a semi-annual reporting of contracts to Council. INSURANCE AND INDEMNIFICATION The successful Proponent shall at its own expense obtain and maintain until the termination of the contract and provide the Corporation of the County of Elgin with evidence of: General Liability Insurance on an occurrence basis for an amount not less than Two Million ($2,000,000) dollars and shall include the Corporation of the County of Elgin as an additional insured with respect to the Proponent's operations, acts and omissions relating to its obligations under this Agreement, such policy to include non-owned automobile liability, personal injury, broad from property damage, contractual liability, owners' and proponents' protective products and completed operations, contingent employers liability, cross liability and severability of interest clauses. Automobile/Equipment Insurance The Contractor will effect at his/her own expense (including the cost of deductibles) and maintain and keep in force during the term of this agreement, such policy to include against claims for personal injury, death, property damage or loss, arising from an accident or occurrence relating to this agreement, in an amount of not less than Two Million ($2,000,000) dollars in respect of each claim or occurrence. The insurance policy as required herein shall be in force during the term of the Contract. The coverage shall be effective prior to the Proponent performing any services under this Contract. The policies shown above will not be cancelled or permitted to lapse unless the insurer notifies the Corporation of the County of Elgin in writing at least thirty (30) days prior to the effective date of cancellation or expiry. The Corporation of the County of Elgin reserves the right to request such higher limits of insurance or any other types of policies appropriate to the work, as the Corporation of the County of Elgin may reasonably require. The successful Proponent shall not commence work until such time as the required evidence of insurance has been filed with and approved by the Corporation of the County of Elgin. The successful Proponent shall further provide that evidence of the continuance of said insurance is filed at each policy renewal date for the duration of the contract. CONTRACTOR'S LIABILITY AND WORKPLACE SAFETY AND INSURANCE COVERAGE The successful Proponent must obtain and forward to the Corporation of the County of Elgin a letter of clearance from the Workplace Safety and Insurance Board stating that the Proponent is in good standing with the Board as of the current date and every 60 days thereafter ensuring ongoing good standing with the Workplace Safety and Insurance Board. This is also required for all subcontractors. If you are unable to submit this clearance because you are claiming independent operator status, with no insurable workers, you must submit to Financial Services a written confirmation from the Workplace Safety and Insurance Board of its status as an independent operator for the contract. Work will not be authorized to begin until this document is received in Financial Services. The Proponent shall at all times pay, or cause to be paid, any assessment or compensation required to be paid pursuant to the Workplace Safety and Insurance Act and upon failure to do so, the Corporation of the County of Elgin may pay such assessment or compensation to the Workplace Safety and Insurance Board, and the Proponent shall forthwith reimburse the Corporation of the County of Elgin. The Corporation of County of Elgin may at its option deduct such expenses from any monies owed to the successful Proponent. Safe The successful Proponent, his/her workers, sub-contractors, and their workmen, must have a good knowledge of, and abide by, the provisions of all legislative enactment's, by-laws and regulations in regards to safety in the Province of Ontario. All work shall comply with all applicable safety regulations, codes and general safe working practices of the trade. The successful Proponent shall provide and maintain adequate barricades, warning signs, out of order signs, and all reasonable protection when required. All electrical equipment which must be used by the Proponent shall be safe to use, properly grounded, CSA approved, and be of no hindrance to the building electrical system or equipment. WORKPLACE HAZARDOUS MATERIAL INFORMATION SYSTEM (WHMIS) Reporting Prior to commencement of work the Contractor shall provide, to the Owner and the Consultant, a list of those products controlled under WHMIS, which he/she expects to use on this Contract. Related Material Safety Data Sheets shall accompany the submission. All containers used in the application of products controlled under WHMIS shall be labelled. The Contractor shall notify the Purchasing Coordinator of changes to the list in writing and provide the relevant Material Safety Data Sheets. CARE AND HANDLING The Contractorwill assume full responsibility for the safe handling and delivery of materials, in accordance with the Transportation of Dangerous Goods Act the Occupational Health and Safety Act including amendments (WHMIS), and any other municipal, provincial or federal legislation applicable during the term of this Contract. Prior to commencement of the work the Contractor shall provide a list of products controlled under WHMIS which he expects to supply on this Contract. The E1gmCaunty t}' REPORT TO COUNTY COUNCIL Mt¢MSSLYFROM: Sonia Beavers, ECUWSEC Chair Jennifer Ford, ECUWSEC Co-Chair DATE: February 17, 2009 SUBJECT: Upcoming Special Events in 2009 CORPORATE GOAL(S) REFERENCED: 1. To be recognized as a desired employer 2. To forge community partnerships 3. To recognize and seize opportunities for improvement In November 2008, Council approved the amalgamation of the Special Events Committee and the United Way Committee and that the newly formed committee be called the Elgin County United Way Special Events Committee (ECUWSEC). The committee consists of 8 members from various departments. DISCUSSION: ECUWSEC is planning 3 major events for 2009. Planning is in the preliminary stages however the committee would like Council to be aware of the following and SAVE THE DATE; The Vt Annual County of Elgin Wardens Charity Golf Tournament The golf tournament will be held at Kettle Creek Golf Course in Port Stanley on June 12, 2009. The invitation is open to the public with a special invite to the Wardens of other Municipalities, all County Staff as well as Staff from the Lower Tier Municipalities and the City of St. Thomas. There is limited spaces available. The registration fee will include 18 holes of golf, a cart and a steak supper. Tee off time will be 1:00 p.m. Dinner to follow. All proceeds to the United Way. Port Stanley Theatre - "A Bench in the Park" The event will take place on July 22, 2009 and is open to the public as well as County Staff and Staff from the Lower Tier Municipalities and the City of St. Thomas. The cost will include admission to the theatre, and we are investigating the possibility of partnering with Port Stanley Restaurants to enhance the evening's experience. Tickets will be limited to seats available at the theatre. All proceeds to the United Way. Elgin County Staff Christmas Party The Christmas Party will take place on November 28, 2009 at St. Anne's Centre. Cocktail hour 6:00 p.m., followed by dinner at 7:00 p.m. This year's entertainment will include Comedian Chuck Byrns from Yuk Yuk's. A dance will follow with music provided by Disc Jockey Chris Triska. This evening is a social event for County Staff. Staff from the Lower Tier Municipalities and City of St. Thomas will be invited to attend. CONCLUSION ECUWSEC is working together at finalizing the events scheduled in 2009. We are also considering other fundraising opportunities for 2009. We will continue to sell tickets to events offered at the John Labatt's Centre, (JLC). ECUWSEC's mandate is to bring county staff and our partners from other municipalities together. We are asking Council to consider promoting these events with staff in your organization. Ticket Sales for JLC events and Knights games have been well received by our partner municipalities. Please pass along our thanks to the staff for their support. Further information regarding the events will be made available on the County of Elgin's common directory, ECUWSEC file folder, as well as posters, flyers, etc. THAT, the report Upcoming Special Events 2009 be received and filed. Respectfully Submitted Sonia Beavers ECUWSEC - Chair Approvec fission Mark eDenat Chief Administrative Officer 4aL I- il,&Vz J nnifer ord ECUWSEC - Co-Chair EIbmC=ounty AY Poojt550atr REPORT TO COUNCIL FROM: Jim Bundschuh - Director of Financial Services DATE: January 22, 2009 SUBJECT: Heritage Property Tax Relief CORPORATE GOAL(S) REFERENCED: 1. To promote cultural services 2. To promote Elgin as "The Place to Live" INTRODUCTION: The Municipality of Central Elgin has requested that the County of Elgin pass a Heritage Property Tax Relief by-law consistent with the by-law passed by the Municipality on November 24th, 2008 to support and encourage property owners to be stewards of their properties. DISCUSSION: Heritage property tax relief is a financial tool developed by the Ministry of Culture and the Ministry of Finance to promote heritage conservation by helping owners maintain and restore their properties for the benefit of the entire Community. Section 365.2 of the Municipal Act, 2001 gives municipalities the option of passing a by-law to establish a program to provide property tax relief to owners of eligible heritage properties. Central Elgin's newly adopted by-law provides 30% tax relief to the municipal and education portion of the property tax to designated heritage properties. The Municipality is responsible to monitor the program to ensure the heritage conservation agreements (which outlining a work plan to restore and maintain a heritage property) are followed. A by-law from the County would be required to provide an equivalent percentage of tax relief to the County portion of the taxes. The cost to the County of matching the 30% relief on the 12 currently designated Central Elgin homes is less than $5,000. Other municipalities could also choose to pass by-laws offering tax relief of 10% - 40% to eligible properties. For example, if Aylmer and Bayham also passed similar by-laws with 30% tax relief, the cost to the County could be a further $3,000 - $4,000. The remaining municipalities are not known to have heritage properties. CONCLUSION: Although heritage properties provide benefit and enjoyment to the whole County, most of these properties are privately owned. Heritage Property Tax Relief provides an incentive to owners to make regular investments in the ongoing conservation of their heritage properties. With continuous care and maintenance, major restoration projects and their high costs can often be avoided. The County and Municipality's investment in tax relief benefits from a multiplier effect, as the property owners are self-funding much of the costs of preserving our heritage. Well-maintained heritage properties enrich the quality of life of the County's citizens and give the County's communities their unique character and sense of place. Conserving heritage properties will help revitalize the historic town centres and attract residents, businesses and visitors to the County of Elgin. As such, this supports the County's objective of becoming a Premier Tourist Destination. RECOMMENDATION: THAT a by-law be drafted to allow the County to match tax reduction percentages for any municipality that passes a Heritage Property Tax Relief by- law. All of which is Respectfully Submitted Approved for Submission "L Aa4/A_ li;:_~ - d/ im Bundschuh rk G. McDo Director of Financial Services Chief Adminis ra ive Officer 450 Sunset Drive, l st Floor, St.Thomas, Ontario N5R5V1 P:519.631.4860 F:519.631.4036 January 14, 2009 Mr.Jim Bundschuh Director of Financial Services County of Elgin 450 Sunset Drive St. Thomas, ON N5R 5V1 Re: Central Elgin By-Law 1100 - Heritage Property Tax Relief Dear Mr. Bundschuh: At a meeting of Council held November 24, 2008 the Municipality of Central Elgin adopted By-law 1100 being a by-law to establish a program to provide tax reductions in respect of eligible heritage properties. The heritage property tax relief is a financial tool for municipalities (both upper and lower tier) to help owners maintain and restore their properties for the benefit of the entire community both today and in the future. This new program was developed by the Ministry of Culture and the Ministry of Finance to promote heritage conservation. Adopting the program is a municipal choice and the program is administered at the local level. Section 365.2 of the Municipal Act, 2001 gives municipalities the option of establishing a program to provide property tax relief to owners of eligible heritage properties. Municipalities must pass a by-law to adopt the program. The province shares in the cost of the program by funding the education portion of the property tax relief. If the municipality provides tax relief under the program, the education portion of the tax must be reduced in the same proportion as the municipal portion of the tax relief. There are twelve (12) designated heritage properties in the Municipality of Central Elgin. Five (5) of the properties are in the Sparta area and seven (7) are in the village of Port Stanley. In a two-tier structure (such as exists with the County of Elgin and the Municipality of Central Elgin) if a lower-tier municipality adopts the program, the upper-tier municipality may pass a by-law to authorize a similar reduction or refund of taxes levied for upper-tier purposes. The Council of the Municipality of Central Elgin would respectfully request that the County of Elgin pass a Heritage Property Tax Relief by-law to support and encourage property owners to be stewards of their properties, so that Ontario's heritage is protected for future generations. I am attached a copy of Central Elgin's by-law for your review and consideration. Should you require any further information please feel free to contact me at your earliest convenience.,, Yo lawut~t r, AMCTO Director of Cc: Mr. Mark McDonald, CAO/Clerk The Corporation of the Municipality of Central Elgin BY-LAW 1100 Being a By-law to establish a program to provide tax reductions in respect of eligible heritage properties WHEREAS Section 365.2 of the Municipal Act 2001, S.O. 2001, c.25 as amended, authorizes The Council of the Corporation of the Municipality of Central Elgin to pass a by-lawto establish a program to provide heritage tax refunds In respect of eligible heritage properties; AND WHEREAS the Council of the Corporation of the Municipality of Central Elgin deems it advisable and In the public interest to provide financial assistance on the terms set out in this By- Law as an incentive to encourage property owners to renovate, restore and maintain heritage buildings In the Municipality of Central Elgin; NOW THEREFORE the Council of The Corporation of the Municipality of Central Elgin hereby enacts as follows: 1. In this By-law: 'contravention 'means an offence under a municipal by-law, Actor regulation for which enforcement proceedings have been commencedthat relates specificallyto the building or land for which a Heritage Tax Reduction is sought or given; 'Council' shall mean the Councll of The Corporation of the Municipality of Central Elgin; 'Eligible Heritage Property' means land or buildings or a portion thereof that Is, (1) located In the Municipality of Central Elgin; (11) designatedunder Part lVoftheonfarioHedtageActorispartofaheritage conservation district under PartV of the Ontario HedtageAct, and (III) subjectto a heritage easement agreementwith the Municipality under section 22 or 37 of the Ontario Heritage Act; and that complies with the additional eligibility criteria set out in this By-law. 'Heritage Property Tax Reduction Program' means aflnancial assistance program adopted by the municipality to help owners of heritage properties maintain and restore their properties for the benefit of the entire community by providing tax relief to owners of eligible heritage properties; 'Heritage Tax Reduction' means the amount of property tax reduction In respect of an Eligible Heritage Property; LowerTier Municipality' has the same meaning as In Section 1 of the Municipal Act, 2001; 'MPAC' means the Municipal Property Assessment Corporation; 'Owner(s)' Includes a corporation and partnership and the heirs, executors, administrators and other legal representatives of a person to whom the context can apply according to law; °Person(s)' Includes a corporation and partnership and the heirs, executors, administrators and other legal representatives of a person to whom the context can apply according to law, 'Municipality' means the Corporation of the Municipality of Central Elgin. 2. The amount of a Heritage Tax Reduction shall be 30% of the taxes for municipal and school purposes levied on the property that are attributable to: (1) the building orstructure or portion of the building or structure that Is the Eligible Heritage Property; and (ii) the land used in connection with the Eligible Heritage Property, as determined by the Municipality. 3. Subject to the conditions set out in this by-law, one Heritage Tax Reduction maybe paid annually for each eligible heritage property in the property tax class of Residential, Multi-Residential, Farm, Commercial and Industrial as defined by the Assessment Act, R.S.O 1990, c. A. 31 and Ontario Regulation 282/98 there under, as amended. 4. MPAC, at the request of the Municipality, shall determine the portion of a property's total assessment that Is an attributable to the Eligible Heritage Property. Eligibility Criteria 5. In order to be eligible to apply for a Heritage Tax Reduction, owners of the subject properties must provide proof, satisfactory to the Treasurer of the Municipality, of the following; (1) the property has been designated as a property of cultural heritage value or Interest under Part IV of the Ontario HedtageActor It must be part ofa heritage conservation district under Part V of the Ontario Heritage Act, and (ii) Is subject to a heritage easement agreement under section 22 or 37 of the Ontario HeritogeAct, and (Iii) the heritage easement agreement referred to subsection (II) above must be registered against the eligible heritage property by December 31 of the taxationyearforwhich relief is sought; (Iv) the Eligible Heritage Property Is notthe subject of any contraventions, work orders or outstanding municipal requirements; and (v) meets all of the following criteria, to the satisfaction of the Chief Administration Officer/Clerk: (a) Meets municipal requirements to designate the property as a property of cultural heritage value or interest under Part IV of the Ontario Heritage Act and has been designated as such by the municipality (b) Be In a good and habitable condition (vi) there are no outstanding municipal fines, arrears of taxes, fees or penalties assessed against the applicant. 6. All applications must include the following to be considered forthe refund program: (1) Heritage easement agreement approved by Council. (ii) Photographs of all elevations of the Eligible Heritage Property, (Ili) Proof of insurance on the Eligible Heritage Property. 7. The application will coverthe currentyear as long as the property remains an Eligible Heritage Property. Renewal of the HeritageTax Reduction must be made annually. The application must be made on or before February 2e in the year following the year for which the relief is sought. An application fee of 20% of the annual heritage tax reduction forthe Initial year of application shall be deducted from the Heritage Tax Reduction once calculated. An application fee of 10% of the annual heritage tax reduction shall be deducted from the Heritage Tax Reduction fore each renewal application. Limitations and Restrictions 8. The HeritageTax Reduction program set out In this By-law is subject atalltimestotheavailabilityof fundtngforthe program. Nothing in this By-law requires the Municipality to provide funding for this program and the Heritage Tax Reduction contemplated by this By-law may be eliminated by Council through repeal of the By-law at any time with no notice whatsoeverto affected persons. 9. The HeritageTax Reduction program is subjectto any regulations thatthe Minister of Finance may make governing by-laws on tax refunds and reductions for heritage properties. 10. Where multiple easementand/or preservation and malmenanceagreements are registered on one parcel of land, multiple refunds will not be provided in respect of the same heritage features. 11. Upon application, the owner must consent to the Municipality conducting an Inspection of the interior and exterior of the Eligible Heritage Property at any reasonable time, if required, to ensure that the relevant heritage easement agreement is being complied with and to ensure that the eligibility criteria can be met. 12. No Heritage Tax Reduction will be given under this By-law where the Municipality determines that the relevant heritage easement agreement Is not complied with to the satisfaction of the Municipality. 13. Heritage Tax Reductions shall be calculated using the assessed value of the property, as returned, for the taxation year forwhich the application Is made. 14. Ifthe assessmentof a propertyfor a yearchanges as a result of proceedings undertheAssessment ActorMunlcipalActorajudicial decision,the HeritageTax Reduction shall be recalculated using the new assessment and the tax roll for the year shall be amended to reflect the determination. The Municipality may setoff anyamount in favour of the Municipality against any refund to be paid to the owner as a result of the appeal, or It may apply It against the taxes owed for the succeeding taxationyear. 15. The Heritage Tax Reduction shall be repaid in full by the owner for every year where there Is an outstanding contravention or where there are outstanding municipal Rnes, arrears oftaxes,fees or penalties assessed against the owner. 16. The minimum amount of Heritage Tax Reduction that shall be paid for an Individual property is $200.00. 17. If the owner of an Eligible Heritage Property demolishes the Eligible Heritage Property or breachesthe terms of the relevant heritage easement, the Town may require the ownerto repay part oral) of any HeritageTax Reduction(s) providedto the ownerforone or moreyears underthis By-law. 18. The Municipality may require theownertopayinterestontheamountofanyrepaymentrequired under section 17, at a rate not exceeding the lowest prime rate reported to the Bank of Canada By any of the banks listed in Schedule I of the BankAct (Canada), calculated from the date or dates the Heritage Tax Reduction(s) were provided. Anyamount repaid under this section will be shared bythe Municipality, School Boards and the County of Elgin (if applicable) inthe same proportion as their respective shares of the Heritage Tax Reduction(s) on the property. 19. This By-law shall be known as the'HeritageTax Reduction By-law". READ a FIRST and a SECOND TIME this 24th day of November, 2008. READ a THIRD TIME and FINALLY PASSED this 20 day of November,2008. Donald N. Leitch, Clerk Iv ofhuis, Mayor Q------.e=~Y -1~ Administrator/Clerk Q11T tA.1cipaidy of CenVal Elgin / Heritage Property Tax Relief Measure Excerpt from the Municipal Act, 2009 365.2 1 Despite section 106, a local municipality may establish a program to provide tax reductions or refunds in respect of eligible heritage property. 2002, c. 17, Sched. A, s. 69. Definition 0 In this section, "eligible heritage property" means a property or portion of a property, (a) that is designated under Part IV of the Ontario Heritage Act or is part of a heritage conservation district under Part V of the Ontario Heritage Act, (b) that is subject to, (i) an easement agreement with the local municipality in which it is located, under section 37 of the Ontario Heritage Act, (ii) an easement agreement with the Ontario Heritage Foundation, under section 22 of the Ontario Heritage Act, or (iii) an agreement with the local municipality in which it is located respecting the preservation and maintenance of the property, and (c) that complies with any additional eligibility criteria set out in the by-law passed under this section by the local municipality in which it is located. 2002, c. 17, Sched. A, s. 69. Amount of tax reduction The amount of the tax reduction or refund provided by a local municipality in respect of an eligible heritage property must be between 10 and 40 per cent of the taxes for municipal and school purposes levied on the property that are attributable to, (a) the building or structure or portion of the building or structure that is the eligible heritage property; and (b) the land used in connection with the eligible heritage property, as determined by the local municipality. 2002, c. 17, Sched. A, s. 69. By-law requirements 4l In a by-law under this section, the local municipality, (a) must specify a percentage that satisfies the requirements of subsection (3) that will be used in calculating the amount of the tax reduction or refund to be provided in respect of eligible heritage properties; (b) may specify different percentages of tax that satisfy the requirements of subsection (3) for different property classes or different types of properties within a property class; (c) may specify a minimum or maximum amount of taxes for a year to be reduced or refunded under the by-law; (d) may specify additional criteria that must be satisfied in order for a property to qualify as an eligible heritage property and may specify different criteria for properties in different property classes; (e) may establish procedures for applying for a tax reduction or refund for one or more years. 2002, c. 17, Sched. A, s. 69. Notice to Minister of Finance (5) A local municipality shall deliver a copy of a by-law under this section to the Minister of Finance within 30 days after the by-law is passed. 2002, c. 17, Sched. A, s. 69. Notice to upper-tier municipality LQ A lower-tier municipality that passes a by-law under this section shall notify the upper-tier municipality of the amount of taxes to be reduced or refunded for lower-tier purposes under the by-law. 2002, c. 17, Sched. A, s. 69. Tax reduction or refund by upper-tier municipality (7) An upper-tier municipality that receives a notice under subsection (6) may pass a by-law to authorize a similar reduction or refund of taxes levied for upper- tier purposes. 2002, c. 17, Sched. A, s. 69. Sharing of tax reduction or refund The following rules apply if a local municipality passes a by-law under this section: 2 1. If the local municipality is a single-tier municipality, the amount of the tax reduction or refund must be shared by the municipality and the school boards in the same proportion that they share in the revenue from taxes from the properties to which the tax reduction or refund relates. 2. If the local municipality is a lower-tier municipality and the upper-tier municipality passes a by-law described in subsection (7), the tax reduction or refund must be shared by both municipalities and the school boards in the same proportion that they share in the revenue from taxes from the properties to which the tax reduction or refund relates. 3. If the local municipality is a lower-tier municipality and the upper-tier municipality does not pass a by-law described in subsection (7), the tax reduction or refund must be shared, i. without affecting the taxes levied for upper-tier purposes, by the lower- tier municipality and the school boards in the same proportion that they share in the revenue from taxes from the properties to which the tax reduction or refund relates, or ii. by the school boards in the same proportion that they share in the revenue from taxes from the properties to which the tax reduction or refund relates and by the lower-tier municipality in respect of the taxes levied for both lower-tier and upper-tier purposes. 2002, c. 17, Sched. A, s. 69. Application The following rules apply if a local municipality passes a by-law under this section: 1. An owner of an eligible heritage property in the municipality may obtain the tax reduction or refund for a year if the owner applies to the local municipality not later than the last day of February in the year following the first year for which the owner is seeking to obtain the tax reduction or refund. 2. The local municipality may, in the by-law, require owners of eligible heritage properties to submit applications for the tax reduction or refund in one or more years following the year of initial application. 2002, c. 17, Sched. A, s. 69. Apportionment by assessment corporation 1(0 A local municipality may request information from the assessment corporation concerning the portion of a property's total assessment that is 3 attributable to the building or structure or portion of the building or structure that is eligible heritage property and the land used in connection with it. 2002, c. 17, Sched. A, s. 69. Same 1I1 The assessment corporation shall provide the information requested by a local municipality under subsection (10) within 90 days after receiving the request. 2002, c. 17, Sched. A, s. 69. Application against outstanding tax liability L121 A local municipality may apply all or part of the amount of a tax reduction or refund in respect of an eligible heritage property against any outstanding tax liability in respect of the property. 2002, c. 17, Schad. A, s. 69. Owner may retain benefit 1(13 An owner of an eligible heritage property may retain the benefit of any tax reduction or refund obtained under this section, despite the provisions of any lease or other agreement relating to the property. 2002, c. 17, Sched. A, s. 69. Penalty 114 If the owner of an eligible heritage property demolishes the property or breaches the terms of an agreement described in clause (b) of the definition of "eligible heritage property" in subsection (2), the local municipality may require the owner to repay part or all of any tax reductions or refunds provided to the owner for one or more years under a by-law under this section. 2002, c. 17, Sched. A, s. 69. Interest 1(~5 A local municipality may require the owner to pay interest on the amount of any repayment required under subsection (14), at a rate not exceeding the lowest prime rate reported to the Bank of Canada by any of the banks listed in Schedule I to the Bank Act (Canada), calculated from the date or dates the tax reductions or refunds were provided. 2002, c. 17, Sched. A, s. 69. Sharing of repayment 1(6 Any amount paid under subsection (14) or (15) to a local municipality in respect of a property must be shared by the municipalities and school boards that share in the revenue from taxes on the property, in the same proportion that they shared in the cost of the tax reduction or refund on the property under this section. 2002, c. 17, Sched. A, s. 69. 4 Collection remedies (17) Sections 349 and 350 apply in respect of an amount owing under subsection (14) or (15). 2002, c. 17, Sched. A, s. 69. Regulations 18 The Minister of Finance may make regulations, (a) governing by-laws under this section, including procedures for a tax reduction or refund; (b) governing the provision of tax reductions or refunds under by-laws passed under this section, including the establishment of deadlines for payments of refunds by municipalities. 2002, c. 17, Sched. A, s. 69. 5 Municipality of Central Elgin Heritage Tax Relief Progtam Municipality of Central Elgin In 2007 one of the goals identified by Council was to investigate the Heritage Property Tax Relief Program. November 24, 2008 Council adopted By-law 1100 - to provide tax reductions in respect of eligible heritage properties. 6 Municipality of Central Elgin Heritage property tax relief is a financial tool for municipalities to help owners of designated heritage properties maintain and restore their properties. Adoption of the program is a municipal choice and is administered at the local level. In the Municipality of Central Elgin this program will be administered by the finance department. There are 12 designated properties in Central Elgin - 5 in Sparta and 7 in Port Stanley Municipality of Central Elgin Mandatory Eligibility Criteria 16 To be eligible for the tax relief, a property must contain a building, structure or portion of a building or structure that is: designated under Part IV of the Ontario Heritage Act or part of a heritage conservation district designated under Part V of the Act; and Subject to a heritage conservation agreement 2 Municipality of Central Elgin a Heritage Conservation Agreement A heritage conservation agreement is a voluntary legal agreement between the municipality and the owner under section 37 of the Ontario Heritage Act to protect the heritage features of a property, and to encourage good stewardship of the property. As the agreement is voluntary, it recognizes the intention of both parties to protect the heritage character of the property. The agreement is required because, under section 29 of the Ontario Heritage Act, municipal designation alone does not oblige owners to maintain their properties on an ongoing basis. As the purpose of the tax relief measure is to offer an incentive for heritage property conservation, relief will only be made available to those owners who have made a long- term commitment to conserve their heritage properties. Municipality of Central Elgin Heritage Conservation Agreement continued The property owner applying for the Tax Relief Program must arrange and pay for the agreement and ensure that it is registered on the title of their property prior to applying for the tax relief program. This program is new to Central Elgin and we do not have an agreement template available so I am providing a copy of an example of Heritage Conservation Easement Agreement that I obtained from the City of London websile. Property owners legal counsel should be able to work with this template to draft an agreement between the Municipality of Central Elgin and the property owners. 3 Municipality of Central Elgin t, .Amount of Heritage Tax Reduction The tax reduction shall be 30% of the taxes levied for municipal and school purposes. The tax reduction shall be applied against any outstanding taxes on the property. The minimum amount of Heritage Tax Reduction that shall be paid for an individual property is $200.00 The fee to process the Heritage Tax Reduction application shall be deducted from the annual reduction. 6 Municipality of Central Elgin Application titning and fee Heritage Tax Reduction applications will cover the current year as long as the property remains an eligible heritage property. Applications must be made on or before February 28th of the year following the year for which relief is sought (2008 taxation year application due before February 28, 2009). Application fee of 20% of the annual heritage tax reduction will be deducted for the initial year of application. Application fee of 10% of the annual heritage tax reduction will be deducted from each renewal application. A heritage tax reduction application must be made annually. 4 Municipality of Central Elgin 6 Monitoring of Program Municipalities are required to monitor the program to; help ensure that heritage property owners comply with their heritage conservation agreements to maintain their properties; Assess how well the program is working and bring to light any changes that may be needed. At this time Central Elgin has two (2) items on our monitoring program; on or before February 28th of the year following the year the relief was received supply the municipality with a list of restoration and maintenance activities completed as per the work plan provided with the program application. At a time convenient to the owner and municipal staff allow municipal staff on site to inspect and review the anticipated work plan provided with the program application. 5 ElgmCou°iy L1111ty P@vit REPORT TO COUNCIL FROM: Jim Bundschuh - Director of Financial Services DATE: January 22, 2009 SUBJECT: Leasing Arrangements CORPORATE GOAL(S) REFERENCED: 1. To ensure fiscal responsibility and accountability INTRODUCTION: The Municipal Act requires that a report be presented to Council on all leasing arrangements currently in effect. The attached schedule outlines current leasing arrangements in place for the County of Elgin. DISCUSSION: At the conclusion of the lease agreements for vehicles for the Kettle Creek Conservation Authority and the Library, vehicles were purchased rather than entering into new leases. The Neopost machine lease was not renewed as the equipment was deemed no longer required. CONCLUSION: The attached schedule sets out leasing as of January 2009 totalling $346,126 annually. RECOMMENDATION: THAT the report titled Current Leasing Arrangements be received and filed. All of which is Respectfully Submitted Approved f mission im Bundschuh aid Director of Financial Services Chief Administrative Officer N X ~ N fl . = d FL R (O ' O 'ct N 0 0 (C O N (C 'V O O O O n ( L N d N N M 0 m (o O M W t` O h o O O LO ~ , N O N W d" (O M V (O ( l) O Oi O Oi W N W M CO O V N O M m m m W M ( -I (D N U r V (O N O C r l0 O r (p N V T aJ W 'ct N O r r' t r N Cl) O p~ a- J r O) C ~ r ~ N M M N Q - . - ( C O O . C V M M Z Z Q N L + y c O N Q E N T F m co } U W ` m 0 m ~ N a ' d d m a t - m - ' ' o O C r . C r C C t : C C O LU W N T o Co c R R R R a c M R M R M R R R R R R c tt 05 0< 00 0000020000a< oorooo0(ornoco 0LO orn aorn(o Orno 0 M M d'r r WN mgg vi ' d F' z N" N N 17 ~ (a N V V CO 4 W~ (O Z MNM0N(O<trMr(O LLI ~ a) x 0) ~J r r E T 6 m (y N Q 0 Q 3> > d d ( co a) N W r-~ E u, d' r O- co J Q M a) (O N cV (O r CO O O I~ w LL ! rl_ c W J 0 N N 6s O > a T i > a) a) w a) a) W c R 'C 'C t r~~t N 'C N C O > o m C v==> Er Er o-Er E vn o-5 Q = m= ~ a a a a a a a a U a °-nnno nn a R _ O_ m m Y U U Hm 0 0 0 0 0 0 0 O O N m o S,0 0 00 0 0 0 0 0 Z E N N N N d d v- N w- m R O a1 a) C c d C ' 0 0 R O R O ' m u V c r a S a 3 6 O Q 0 c N d 00 N N N N N N S N a N U U U a) m a) a) a) a) N N N N lL U C L r Y R O QC_C_C_C_Q0 Q 0 D_... W C a)o RR CNNNNNN C_N D W 2 Q (n (A ( 03, V3 Q c U ' Y a i c_ 3 W O (i c 3 (0 C C O 5 ) co a) 0) EWpEcw Ewe N a) m c o c oLH N 3°~i a Q E - n O~L T TG TR N O N C C C O > > y m U m CO > p m m> m N 0 U) 2 H O O O O 0 0 0 J lL R N N N 3 ( N E LL O O O ' d ~ ' T ~ ' . ~ O J n o u o m a 3 ; N ; Q. C. L J Q (6 l6 (O N (0 rn ~ ~ c c . 0 C_ 0. C_ C_ c C_ n n . w . ' Q C y o o V N c .v g U - (0 V c c .U .0 c 3 c 'c 'E 'c CO 'c 3 3 c 'c Z m O R W m m 'Q O O O U O 0 U~ J 1- a Z JH~2i ~Ea- rE H Elgint WA Pmeicisia4~fLYmu REPORT TO COUNCIL FROM: Jim Bundschuh-Director of Financial Services DATE: January 22, 2009 SUBJECT: Council and Outside Boards Remuneration and Expenses CORPORATE GOAL(S) REFERENCED: 1. To ensure fiscal responsibility and accountability INTRODUCTION: Each year it is required that reports be filed before the end of March on Council's remuneration, mileage, and expenses. In addition, remuneration, mileage and expenses paid for persons appointed to Outside Boards must also be reported As well, a report on convention expenses must be published. DISCUSSION: Warden and Council remuneration and expenses totalled $201,437.06 for the 2008 calendar year and convention expenses were $27,808.66. Remuneration and expenses paid to persons on Outside Boards totalled $18,476.40 for that same time period. Details by member are provided in the attached documents. CONCLUSION: For 2008 the total remuneration and expenses, including conventions, for both Elgin County Council and Outside Boards was $247,722.12. RECOMMENDATION: THAT the Treasurer's Statement of Remuneration and Expenses for County Council be received and filed, and THAT the Treasurer's Statement for Remuneration and Expenses for Outside Boards be received and filed, and THAT the Treasurer's Statement on Convention Expenses be received and filed. All of which is Respectfully Submitted H-- &4& Jim Bundschuh Director of Financial Services Approved for Submission GD nald Chief Administrative Officer TREASURER'S STATEMENT OF REMUNERATION AND EXPENSES - FOR COUNTY COUNCIL February 17 Session, 2009 To the Warden and Members of the Elgin County Council, The following is a statement of the remuneration, mileage, and expenses paid to each member of the Elgin County Council for the period of January 1, 2008 to December 31, 2008. REMUNERATION and MILEAGE COUNCIL, COMMITTEES and OUTSIDE BOARDS ACRE, LYNN 19,447.14 HABKIRK, ROBERT 19,082.64 HOFHUIS, SYLVIA 47,143.62 MARKS, TOM 18,651.87 McINTYRE, JAMES 18,571.47 MENNILL, DAVID 18,740.07 VOWEL, BONNIE 18,817.06 WARWICK, GRAHAM 21,919.56 WILSON, JOHN 19,063.63 TOTAL 201,437.06 By-Law 05-12, By-Law 05-13 and By-Law 05-45. All of which is respectfully submitted. im Bundschuh Director of Financial Services Approved for submission. Mark G. McDonald Chief Administrative Officer TREASURER'S STATEMENT OF REMUNERATION AND EXPENSES - FOR OUTSIDE BOARDS February 17 Session, 2009 To the Warden and Members of the Elgin County Council, The following is a statement of the remuneration, mileage, and expenses paid to persons appointed to Outside Boards for the period January 1, 2008 to December 31, 2008 as authorized by the following By-Laws: LAND DIVISION COMMITTEE (BV-Law 06-26) ENS, PAUL FAULDS, PAUL McPHAIL, DUNCAN VAN BRENK, RIEN WALTERS, BILL TOTAL ELGIN ST. THOMAS HEALTH UNIT 3 HRS 3+HRS MEETINGS TRAVEL MCINTYRE, JAMES 10 0 880.00 233.28 VOWEL, BONNIE 8 0 704.00 318.16 WILSON, JOHN 8 0 704.00 191.40 TOTAL TOTAL OF OUTSIDE BOARDS ALL which is respectfully submitted. L J #n h irector of Financial Services 3,451.32 3,173.49 3,250.90 2,711.75 2,858.10 15,445.56 1,113.28 1,022.16 895.40 3,030.84 7 U,4[bAU Approved for submission. Mark G. McDonald Chief Administrative Officer TREASURER'S STATEMENT ON CONVENTION EXPENSES To the Warden and Members of the Elgin County Council, The following is an itemized statement of the conventions attended and expenses paid to each Member of Elgin County Council, during the calendar year ending 31-Dec-08 2008 CONVENTIONS COUNCILLOR Acre, Lynn Habkirk, Bob Hofhuis, Sylvia Marks, Tom Mennill, Dave McIntyre, James Vowel, Bonnie Warwick, Graham Wilson, John TOTALS $ 1 2 3 TOTAL FOR ROMA/OGRA AMO ACRD COUNCILLOR 1,003.87 2,416.36 0.00 $ 3,420.23 1,949.69 1,853.87 0.00 $ 3,803.56 6,593.39 2,772.95 0.00 $ 9,366.34 1,892.51 0.00 0.00 $ 1,892.51 1,907.06 0.00 0.00 $ 1,907.06 0.00 2,000.87 0.00 $ 2,000.87 1,594.58 0.00 0.00 $ 1,594.58 450.00 0.00 0.00 $ 450.00 1,429.76 1,943.75 0.00 $ 3,373.51 16,820.86 $ 10,987.80 $ - $ 27,808.66 All figures include G.S.T ROMA/OGRA RURAL ONTARIO MUNICIPAL ASSOCIATION ONTARIO GOOD ROADS ASSOCIATION AMO ASSOCIATION OF MUNICIPALITIES ACRO AMO COUNTIES AND REGIONS All of which is respectfully submitted. Jim Bundle uh Director of Financial Services Approved for submission. Mark G. McDonald Chief Administrative Officer 0 N co 0 2 (Q let LL K W w o Z ~ 7 ~ . N M O O ~ C N ~ n (~J N N N V O O O O N K 0 ~ , 7 ~ o ~ N M ~ ° o p p W M n n r M o V LL W V U W m K Z N o W O z C od U O NM M N N N V M to O O r N M N o O to N l0 N O a M N (O (V n m O O 'cf O V M M O O co oc q cc~ J F W N M M 01 N M n NW O M F 0 O U w W ~ y O O O O O O O O O O O O N N O O O O O O O O O ~ MI S O y ¢ a X w °o °O °O °o °o O° °o °o °O o Q . y O o O O O O o O O C q d M w N Q 2 a, eti E y N r r o O o O r O O O O lr0 H O N n O O N1 2 O y N n N b a s cN- cM- O O n O O O O b Q y O lp 'cf O O O O (O N N p Q Lo v M N m O N O tLq ' q M N y y N (O M (V N N m N O7 N O d V O N N C O C d N , 4 N p a W dM- V : V V O O O V N Oo d n N n N r N r N r N o 0 N o N r O W O L Of _ N (O (O (O (O d' V N M a 0 z m w z z ' K O a m > m y m 'c E m r ` CL J c Ny O ) l y O O s U U Z Y y 9 F- y _ c m v U c J Q O ii a ~ ~ c c 3 ~ 0 y F N a Elgin un y: REPORT TO COUNTY COUNCIL FROM: Cole Aicken Building Sciences Technologist Heather Rosevear Human Resources Assistant DATE: January 29, 2009 SUBJECT: Accessibility Standards for Customer Services, Ontario Regulation CORPORATE GOAL(S) REFERENCED: 1. To ensure fiscal responsibility and accountability 2. To be recognized as a desired employer 3. To forge community partnerships 4. To provide innovative and collaborative quality service 5. To recognize and seize opportunities for improvement INTRODUCTION: The Accessibility Standards for Customer Services (Ontario Regulation 429/07) came into effect on January 1, 2008. As a public sector organization designated in the standard the County must comply by January 1, 2010. The regulation outlines actions that shall be done in order to ensure that the County is providing accessible customer service to people with disabilities. The Corporation must document all of its policies, practices and procedures for providing accessible customer service and must notify customers that the documents required under the standard are available upon request. The format of the documentation must take into account the needs of that customer. Failure to comply and offences to the regulation will result in fines of up to $50,000 for persons or organizations for each day or part-day that an offence occurs or continues. There are greater fines for corporations of up to $100,000 per day. This report outlines implementation strategies to ensure that the County of Elgin is in compliance with the new legislation. DISCUSSION: Establishing of Policies. Practices and Procedures The County of Elgin is required to establish policies, practices and procedures on providing goods and services to people with disabilities. Policies must be set on allowing people to use assistive devices when accessing goods and services and should be consistent with the core principles of independence, dignity, integration and equality of opportunity. The policy will be made available to the public through printed pamphlets (Appendix 5) and through the County of Elgin website. Other formats, such as large print, will be made available on request. Trainin The regulations stipulate training for those people that interact with the public, or who are involved in developing policies, practices and procedures. This means that all staff and Council must receive the training and be certified. All municipal staff and councils including the local municipalities must be trained as well. The required training must include information on how to communicate and interact with people with disabilities, how to interact with people who have an assistive device, service animal or support person and what to do if a person has difficulty accessing our services. To ensure the County of Elgin complies with the requirements by the January 1, 2010 deadline the following options are being available: Option 1 -AMCTO Facilitator-led Workshop The AMCTO offers this training to municipal employees in the way of a facilitator- led workshop which would be provided corporately. With approximately 460 individuals to be trained, the AMCTO can offer the following: Two (2) days of two (2) sessions every few weeks, each session with 25 attendees (so, over each two (2) day period 100 individuals are trained). Each session will be three (3) hours in length. For each session, the fee will be $75.00 (plus GST) per person for up to 20 attendees. 3. In each session, up to five (5) attendees can attend at no cost. 4. Thus, over the course of the entire training, approximately 95 individuals would be free of charge. Due to the interactive exercises included in this training, the session should not have more than 25 attendees. The fee covers the cost of the training as well as trainers' travel expenses and training workbooks. Based on the numbers above the approximate cost would be $28,743.75. Note that this estimate does not include training for local municipalities. Option 2 - Train-the-Trainer The AMCTO is offering a May training program to help organizations develop in-house training expertise. Participants at this session will gain the skills to be able to train municipal staff and comply with the legislation. Through a partnership with the City of St. Thomas, the County can send people to be trained as "trainers" along with city personnel in St. Thomas. It is suggested that two staff and a county instructor attend the program. The cost is estimated at approximately $4,000.00. This program certifies and provides each participant licensed training materials to train their organizations staff. Option 3 - Retain an Instructor Specifically for the County and Local Municipalities It is estimated that all staff and all councils could be trained in less than 20 calendar days of structured training. It is further suggested that retired Director Cathy Bishop be retained by the County to conduct the training on a planned schedule to be completed before the end of the year. It is further estimated that the total budget for the instructor would not exceed $7,500.00. This of course would not include the materials for the course. However, compared to the AMCTO estimate, this represents a bargain. Accessibility Standards for Customer Service training will be incorporated into the Health & Safety Orientation for new hires. Presentation materials will also be made available so that they can be used during staff meetings and workshops as required. Other Costs Council should be made aware that there are other costs associated with training. For example, the long-term care homes must, in many cases, replace staff while others are being trained. It is estimated that by the time all staff have been trained, the Homes' will have incurred approximately $25,000 in added wage costs for replacing essential workers while they are being trained. It should be noted that while the program and policies are well-intended and necessary, the provincial government is not offering any financial assistance to help with the training costs. Council may wish to bring this matter to the attention of the appropriate Minister. Feedback Process A feedback mechanism is required for people with disabilities. The feedback mechanism must allow people with disabilities to make comments on accessible customer service practices, and must provide information on the action that is to be taken on the feedback. A feedback mechanism has been outlined in the pamphlet on accessible customer service (Appendix 5). In addition, the feedback process will be prompted to the public through the County of Elgin website. Feedback will be directed to the staff member who has been assigned the responsibilities associated with the Accessibility Coordinator and where appropriate, forwarded to the relevant department director. Notification Notification must be provided of disruption of service for any location, technology or method that a person with a disability must use in order for our goods and services to be accessible to them. Whether the disruption in service is expected or unforeseen, notice must be provided as soon as possible. Notice of such disruptions can be made using the website, signs (Appendix 1 and 2) and other relevant methods. The public must also be notified of the documents and policy required under the customer service standard. The required documents will be available in writing and on the County of Elgin website. CONCLUSION: To meet the requirements of the Accessibility Standards for Customer Service (Ontario Regulation 429/07) the County must implement a policy, provide training, have a feedback and notice to the public procedure in place before January 1, 2010. RECOMMENDATION: That the C.A.O. be authorized and directed to retain an instructor (option 3) for the County and its local municipal partners as described in the report entitled Accessibility Standards for Customer Services, Ontario Regulation, dated January 29 h, 2009: and, That to ensure continuity in future years two county staff also receive the required training as a certified trainer (option 2); That the costs for the various training requirements and staff replacements while being trained be allocated to the Corporate Training Account; and, That the corporate training account be sufficiently funded to ensure that all corporate training is accomplished; and, That the County of Elgin write to the Minister responsible for the legislation requesting that the provincial government provide at least a 50% share of the mandatory training costs for the program. That the draft policies be received and filed for information purposes. 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O H o lu OO rn O O c c 0 cu -0 N > a) U N t M N a) a L O p_ N N$ te L E ai 3:.2 N O N a cn a U) Q f6 ° a E p c- a m N ° (D ? E N m ' N (Do a 0 m 0 ~ o)a o >a mN ma a -0 cu .a u aim s c a c 0 0 a 0-0 (D " c (D m O ~ g ~ ~ m " c a N c :R c- -0 , Z" ( M c `o ~oCD C n En 4m m c: m a ma` umi :>1 N O U) U E U 'O m o N U D 0 U 0 0 CL CL U) L U) C 3: C: L m - ' N N T~ Q Q Z N N_ _ 0 co = m a m> U U O p N O a N N Lnn a) 0 2 7 a > c ~ rn~ `ago M a i N En ~ a o (D U m ~ a ) 0 cr ~ m F a~ o f Ha Qco O o 2 o ce 3 o - _ o . 0 v i County of Elgin Human Resources Policy Manual I DRAFT Code - A Page 1 of 9 Section: 2 Subject: Accessibility Standards For Customer Service Policy Number: 2.130 (NEW) Date Approved: Date Last Revision: PURPOSE The County of Elgin is committed to being responsive to the needs of all its residents. To do this, we must recognize the diverse needs of all of our residents and respond by striving to provide services and facilities that are accessible to all. As an employer, and a provider of services, the County of Elgin is committed to ensuring its services are provided in an accessible manner. The County of Elgin will promote accessibility through the development of policies, procedures and practices and by ensuring they consider people with disabilities. To do this we must ensure the policies, procedures and practices address integration, independence, dignity and equal opportunity. PRINCIPLES Reasonable efforts will be made to ensure the following: (i) That goods and services be provided in a manner that respects the dignity and independence of persons with disabilities. (ii) The provision of goods and services to persons with disabilities, and others, will be integrated unless an alternate measure is necessary, whether temporarily or permanently, to enable a person with a disability to obtain, use or benefit from the goods and services. (iii) Persons with disabilities will be given an opportunity - equal to that given to others - to obtain, use and benefit from the goods and services. PROCEDURES AND PRACTICES: Procedures and practices will strive to reflect or achieve the following: (i) Communication will be considered, in a manner that takes into consideration a person's disability. County of Elgin Human Resources Policy Manual I DRAFT Code - A Page 2 of 9 Section: 2 Subject: Accessibility Standards For Customer Service Policy Number: 2.130 (NEW) Date Approved: Date Last Revision: (ii) Staff will receive appropriate training. (iii) Person's with disabilities accompanied by a guide dog or service animal will be permitted in those areas of the premises owned or operated by the County of Elgin that are open to the public. (iv) Persons with disabilities accompanied by a support person will be permitted to be accompanied by that support person in premises open to the public. (v) Admission fees will be waived for a support person who accompanies a person with a disability. (vi) Notice will be provided when facilities or services that people with disabilities rely on to access County of Elgin services are temporarily disrupted. (vii) The County of Elgin will establish a feedback process to allow people to provide feedback on how we are providing services to person's with disabilities. (viii) The County of Elgin will allow persons with disabilities to use their own personal assistive devices to obtain, use or benefit from the services offered by the County of Elgin. PROCEDURES Support Persons Support person means, in relation to a person with a disability, another person who accompanies him or her in order to help with communication, mobility, personal care or medical needs or with access to goods or services. The County of Elgin will allow people with disabilities, who require, to be accompanied by a support person in all County owned and operated public facilities. The County of Elgin reserves the right to request the person with a disability be accompanied by a support person, in the event that it is considered necessary to protect the health and safety of the person with a disability or others on the premises. County of Elgin Human Resources Policy Manual I DRAFT Code - A Page 3 of 9 Section: 2 Subject: Accessibility Standards For Customer Service Policy Number: 2.130 (NEW) Date Approved: Date Last Revision: The County of Elgin will waive admission fees for support persons who accompany a person with a disability, into facilities where admission is charged. (a) Member of public should notify a staff member the presence of the support person. (b) Admission fees will be waived for the support person. (c) If there is confidential information to be disclosed, consent must be received from the person with the disability. Feedback Process To submit a complaint: Should a member of the public wish to make a complaint regarding the service they have received: (a) The member of the public with the complaint or concern should have a discussion with the staff person at the County of Elgin who is involved in the situation. (b) Should the discussion not resolve the complaint or the member of the public is uncomfortable discussing the issue with the staff person, the member of the public should fill out a complaint form. A staff person can assist the member of the public with the complaint form in a manner that takes into consideration their disability. (c) The information to be provided by the member of the public should include their personal contact information, the date, a description of the complaint, and what the member of the public requests to resolve the complaint. This information should be documented on the complaint form. (d) The complaint should be forwarded to the manager responsible for the department and the department head. County of Elgin Human Resources Policy Manual I DRAFT Code - A Page 4 of 9 Section: 2 Subject: Accessibility Standards For Customer Service Policy Number: 2.130 (NEW) Date Approved: Date Last Revision: (e) The department manager will attempt to resolve the complaint in a timely manner, with the assistance of the Accessibility Clerk. (f) The member of the public will be contacted once a resolution has been reached. To submit a suggestion: Should a member of the public wish to provide the County of Elgin with a suggestion on how to improve our service: (a) Member of the public will inform staff member of suggestion. (b) Staff member will assist member of the public in filling out the complaint form, should they require assistance. (c) Member of the public will be notified in a timely manner of how the County of Elgin will proceed with their suggestion. (d) Staff response should include: an explanation of how we will implement the suggestion, a response indicating further investigation or an explanation why we are unable to implement the suggestion. All complaints and suggestions should be recorded on a suggestion form, and forwarded to the responsible manager, department head and the Engineering Services Department. Service Disruption If, in order to obtain, use or benefit from a provider's goods or services, persons with disabilities usually use particular facilities or services of the provider (for example, elevators) and if there is a temporary disruption in those facilities or services in whole or in part, the County of Elgin shall give notice of the disruption to the public. County of Elgin Human Resources Policy Manual I DRAFT Code - A Page 5 of 9 Section: 2 Subject: Accessibility Standards For Customer Service Policy Number: 2.130 (NEW) Date Approved: Date Last Revision: Notice of the disruption must include information about the reason for the disruption, its anticipated duration and a description of alternative facilities or services, if any, that are available. Notice will be given by posting the information at a conspicuous place on premises owned or operated by the provider of goods or services, as well as by posting it on the County of Elgin website. If the County of Elgin website should expect a temporary service disruption, advance notice where possible, keeping with the conditions of the service disruption section of this policy, shall be provided on the website. Service Animals For the purpose of this policy, a `service animal' is defined as either: (i) A "guide dog," as defined in section 1 of the Blind Persons Rights' Act; or (ii) A "service animal" for a person with a disability. For the purpose of this policy, an animal is a service animal for a person with a disability, (a) if it is readily apparent that the animal is used by the person for the reasons relating to his or her disability; or (b) if the person provides a letter from a physician or nurse confirming that the person requires the animal for reasons relating to the disability. The County of Elgin will allow the person and the animal onto all County of Elgin owned and operated public facilities, and will ensure that the person County of Elgin Human Resources Policy Manual I DRAFT Code - A Page 6 of 9 Section: 2 Subject: Accessibility Standards For Customer Service Policy Number: 2.130 (NEW) Date Approved: Date Last Revision: is permitted to keep the animal with him or her unless the animal is otherwise excluded by law. areas that are open to the public If a service animal is excluded by law from the premises, the provider of goods or services shall ensure that other measures are available to enable the person with a disability to obtain, use or benefit from the provider's goods or services. Format of Documents Should the County of Elgin be required to give a copy of a document to a person with a disability, the County of Elgin shall give the person the document, or the information contained in the document, in a format that takes into account the person's disability. Material printed in-house and publications produced on behalf of the Corporation of the County of Elgin should contain a note indicating, "alternate formats are available upon request" and include relevant contact information. The County of Elgin and the person with a disability will try to agree upon the format to be used for the document or information, subject to feasibility requirements of this policy. Alternative formats that should be considered by the County of Elgin and the person with the disability will include, but are not limited to: (i) Print Requests: Requests for alternative formats should be honoured in the most practical manner depending on the media chosen, the size and complexity of the document, the quality and source of the documents, the feasibility of the request (including the cost) and the number of documents to be converted. It should be noted that when request for one of these formats County of Elgin Human Resources Policy Manual I DRAFT Code - A Section: 2 Subject: Accessibility Standards For Customer Service Policy Number: 2.130 (NEW) Date Approved: Page 7 of 9 Date Last Revision is received and deemed feasible, staff should make every attempt to respond to the request in the most practical manner and to the satisfaction of the requestor. If it is determined that the format requested is not feasible, then other alternative methods of providing the information should be explored that will still meet the needs of the requestor (e.g. Audio CD or explaining the information verbally etc.). (a) Staff members receives request from member of the public for alternative format. (b) Employee fills out alternative format request form. (c) Forwards request onto the responsible manager. (d) The responsible manager, and Access' Clerk will determine feasibility, if feasible; (e) Proceeds with alternative format request. (f) If not feasible; contact individual with feasible solution. (ii) ASL Interpreter Request: (a) Employee receives request from public for ASL Interpreter. (b) Employee fills out alternative format request form. (c) Forwards request onto the responsible manager. (d) The responsible department contacts Canadian Hearing Society to make request. (e) Once Canadian Hearing Society confirms attendance of ASL Interpreter, the responsible department contacts individual. (f) If ASL Interpreter is not available, individual will be contacted with an alternative solution. Feasibility will be determined based upon cost in relation to size of document and time associated with processing document requests. The time frame attached to the conversion process varies depending on the media chosen, the size, complexity, quality of source documents and number of documents to be converted. Documents shall be returned in a timely manner depending on the factors previously noted. County of Elgin Human Resources Policy Manual I DRAFT Code - A Page 8 of 9 Section: 2 Subject: Accessibility Standards For Customer Service Policy Number: 2.130 (NEW) Date Approved: Date Last Revision: Conversion shall be processed in-house wherever possible. When a member of the public requests a piece of County documentation in a multiple format, the department of origin shall be responsible for the cost of the conversion, materials and distribution, not the public requestor. In-house printing, where possible, should adhere to the CNIB's Clear Print Standards. Training The County of Elgin shall ensure that the following persons receive training about the provision of its goods or services to persons with disabilities: (a) Every person who deals with members of the public or other third parties on behalf of the County, whether the person does so as an employee, agent, volunteer or otherwise. (b) Every person who participates in developing the County's policies, practices and procedures governing the provision of goods or services to members of the public or other third parties. The training will include a review of the purposes of the Act and the requirements of this policy and instruction about the following matters: (a) How to interact and communicate with persons with various types of disability, as outline in this policy and procedures. (b) How to interact with persons with disabilities who use an assistive device or require the assistance of a guide dog or other service animal or the assistance of a support person, as outlined in this policy and procedures. (c) How to use equipment or devices available on the provider's premises or otherwise provided by the provider that may help with the provision of goods or services to a person with a disability. (d) What to do if a person with a particular type of disability is having difficulty accessing the provider's goods or services. County of Elgin Human Resources Policy Manual I DRAFT Code - A Page 9 of 9 Section: 2 Subject: Accessibility Standards For Customer Service Policy Number: 2.130 (NEW) Date Approved: Date Last Revision: The County of Elgin will log and retain records which will record the details of the training provided, as well as the name of the person, location, and date the training was completed. The County of Elgin will customize the training going forward, based on the actual experiences and usage of the persons with disability in County of Elgin owned or operated facilities. Assistive Devices The County of Elgin will allow persons with disabilities to use their own personal assistive devices to obtain, use or benefit from the services offered by the County of Elgin. Should a person with a disability be unable to access the County's services through the use of their own personal assistive device, the County of Elgin will ensure the following measures: (a) Determine if service is inaccessible, based upon individual requirements. (b) Assess service delivery and potential service options to meet the needs of the individual. (c) Notify person with disability of alternative service and how they can access the service, temporarily or on a permanent basis. SAMPLE FORMS Appendix 1 - Notice - Expected Service Disruption 2. Appendix 2 - Notice - Unexpected Disruption In Service 3. Appendix 3 - Notice - Training Records 4. Appendix 4 - Pamphlet - Understanding Accessibility Customer Service 5. Appendix 5 - Pamphlet - Accessibility Customer Service Standard t` NOTICE SERVICE DISRUPTION There will be a scheduled service disruption at The disruptions will be from until These disruptions include: • (repairs to doors) (repairs to technology) On behalf of the County of Elgin we would like to thank you for your patience in this matter. Name Position Phone # Etc. =n Elgin.- NOTICE DISRUPTION IN SERVICE There is currently an unexpected service disruption. The estimated time of the service disruption will be from to These disruptions include: • (repairs to doors) • (repairs to technology) On behalf of the County of Elgin we would like to thank you for your patience in this matter. Name Position Phone # Etc. ElginCouray TOPIC: LOCATION: DATE: TIME: Please sign beside our name Name (print) Signature Department EE# PLEASE RETURN TO THE HUMAN RESOURCES DEPARTMENT ElginComay Pry^essAe y NaN~a REPORT TO COUNTY COUNCIL FROM: Meredith Goodwin, Engineering Technologist DATE: January 29, 2009 SUBJECT: Talbot Line Rehabilitation - Approval to Expropriate Lands CORPORATE GOALS To build and maintain an efficient, affordable, effective and safe transportation network that accommodates the diverse needs of our communities and is able to support economic development and sustainable growth. INTRODUCTION As Council is aware, the County of Elgin has completed approximately one half of the multi-year Talbot Line Rehabilitation project. As part of the project the intersection of Back Street and Talbot Line must be re-aligned to meet current standards. To complete the work the County must obtain a small parcel of land and proposes to obtain this property by expropriation since numerous attempts to contact the owner have been unsuccessful. DISCUSSION/ CONCLUSION Back Street (in the Municipality of Dutton/Dunwich) has skew angle approaching Talbot Line that does not meet the current design standards and does not allow for adequate storage length for motorists. In order to align the intersection and meet the current standards the County requires approximately 375m2 from a private landowner (please refer to the attached sketch). The Engineering department has made numerous attempts to contact the resident since the commencement of the first phase of the project in 2007 and have still not heard from the owner. The third and final phase of the project is scheduled to start in April it would be favourable if the Back Street realignment could be included in the work and in order to do so the property would need to be expropriated. In order to initiate the expropriation process the Expropriations Act names the Council of the municipality as the "approving authority". Therefore a by-law must be passed in order to initiate the process. The County will be able to take possession of the lands in three months time after serving "notice of possession" as defined in the Act. RECOMMENDATION THAT lands adjacent to Back Street, as shown (approximately) on Schedule 'A' attached, be expropriated by the County of Elgin, for the purpose of the Talbot Line Rehabilitation project, and; THAT the County Solicitor be directed to initiate expropriation proceedings and authorize the Warden and Chief Administrative Officer to execute any related documentation, and; THAT the applicable by-law be passed. Res ctfully ubmitted, Meredith Goodwin Engineering Technologist KA5 Clayton Watters Director, Engineering Services 377=:::::~_ Mark Chief Administrative Officer ElginCY'owif , REPORT TO COUNTY COUNCIL FROM: Clayton D. Watters, Director of Engineering Services DATE: January 8, 2009 SUBJECT: Union Gas Franchise Agreement CORPORATE GOAL(S) REFERENCED: To recognize and seize opportunities for improvement INTRODUCTION: The Franchise Agreement, is a "distribution rights" agreement, referred to as the Agreement, with Union Gas will expire on June 28, 2009 with the County of Elgin. As such a new Agreement needs to be approved between the County of Elgin and Union Gas Limited and also approved by the Ontario Energy Board. Union Gas Limited and the County of Elgin approved the present 15 year Agreement on June 28, 1993, Therefore, a new Agreement will need to be approved between Union Gas and the County of Elgin. Once both parties have agreed final approval is with the Ontario Energy Board. The agreement is the standard industry document prepared through AMO and serves as the model agreement for municipalities. Staff has reviewed the agreement and it generally meets the County of Elgin needs. The County has had a very positive working relationship with Union Gas in the past and we expect that to continue with the new agreement. County staff has met with Union Gas staff and have agreed to further enhance the agreement with a letter from Union Gas committing to an annual meeting. The meeting's purpose will be to discuss upcoming projects, past challenges and successes. CONCLUSION: The present 15 year Agreement expires on June 28, 2009, and as such a proposed 20 year Agreement was presented by Union Gas Limited for our approval. Staff has reviewed the document and it is satisfied that it generally meets our concerns. Staff has arranged that a meeting be convened yearly to discuss any concerns that either party may have and resolve by consensus, rather than pursue through the Ontario Energy Board. RECOMMENDATION: That County Council approves the form of draft by-law and franchise agreement attached hereto and authorizes the submission thereof to the Ontario Energy Board for approval pursuant to the provisions of Section 9 of The Municipal Franchise Act; and also, That County Council requests that the Ontario Energy Board make an Order declaring and directing that the assent of the municipal electors to the attached draft by-law and franchise agreement pertaining to the Corporation o f the County of Elgin is not necessary pursuant to the provisions of Section 9(4) of the Municipal Franchises Act; and also, That the necessary by-law be prepared. All of which is Respectfully Submitted N46 Clayton Watters Director of Engineering Services 1 Appr7!7)----- Mark G. McDonald Chief Administrative Officer Page 1 2000 Model Franchise Agreement THIS AGREEMENT effective this day of , 20 BETWEEN: THE CORPORATION OF THE COUNTY OF ELGIN hereinafter called the "Corporation" -and- Lnoongas LIMITED hereinafter called the "Gas Company" WHEREAS the Gas Company desires to distribute, store and transmit gas in the Municipality upon the terms and conditions of this Agreement; AND WHEREAS by by-law passed by the Council of the Corporation (the "By-law"), the duty authorized officers have been authorized and directed to execute this Agreement on behalf of the Corporation; THEREFORE the Corporation and the Gas Company agree as follows: Part I - Definitions 1, In this Agreement (a) "decommissioned" and "decommissions" when used In connection with parts of the gas system, mean any parts of the gas system taken out of active use and purged in accordance with the applicable CSA standards and in no way affects the use of the term 'abandoned' pipeline for the purposes of the Assessment Act; Page 2 (b) "Witeer/Road Superintendent" means the most senior individual employed by the Corporation with responsibilities for highways within the Municipality or the person designated by such senior employee or such other person as may from time to time be designated by the Council of the Corporation; (c) "gas" means natural gas, manufactured gas, synthetic natural gas, liquefied petroleum gas or propane-air gas, or a mixture of any of them, but does not include a liquefied petroleum gas that is distributed by means other than a pipeline; (d) "gas system" means such mains, plants, pipes, conduits, services, valves, regulators, curb boxes, stations, drips or such other equipment as the Gas Company may require or deem desirable for the distribution, storage and transmission of gas in or through the Municipality; (e) "highway" means all common and public highways and shall include any bridge, viaduct or structure forming part of a highway, and any public square, road allowance or walkway and shall include not only the travelled portion of such highway, but also ditches, driveways, sidewalks, and sodded areas forming part of the road allowance now or at any time during the term hereof under the jurisdiction of the Corporation; (t) "Model Franchise Agreement" means the form of agreement which the Ontario Energy Board uses as a standard when considering applications under the M nlclpal Franchises Act. The Model Franchise Agreement may be changed from time to time by the Ontario Energy Board; (g) "Municipality" means the territorial limits of the Corporation on the date when this Agreement takes effect, and any territory which may thereafter be brought within thejurisdiction ofthe Corporation; (h) "Plan" means the plan described in Paragraph 5 of this Agreement required to be filed by the Gas Company with the Engineer/Road Superintendent prior to commencement of work on the gas system; and (1) whenever the shigular, masculine or feminine is used in this Agreement, it shall be considered as if the plural, feminine or masculine has been used where the context of the Agreement so requires. Page 3 Part II -Rights Granted 2. To provide gas service The consent of the Corporation is hereby given and granted to the Gas Company to distribute, store and transmit gas in and tluough the Corporation and to the inhabitants of those local or lower tier municipalities within the Municipality from which the Gas Company has a valid franchise agreement for• that purpose. 3. To Use Highways Subject to the terms and conditions of this Agreement the consent of the Corporation is hereby given and granted to the Gas Company to enter upon all highways now or at any time hereafter under the jurisdiction of the Corporation and to lay, construct, maintain, replace, remove, operate and repair a gas system for• the distribution, storage and transmission of gas in and tluough the Municipality. 4. Duration of Agreement and Renewal Procedures (a) If the Corporation has not previously received gas distribution services, the rights hereby given and granted shall be for a term of 20 years from the date of final passing of the By-law. or (b) If the Corporation has previously received gas distribution services, the rights hereby given and granted shall be for a term of 20 years from the date of final passing of the By-law provided that, if during the 20 year term of this Agreement, the Model Franchise Agreement is changed, then on the 7`h anniversary and on the 14th anniversary of the date of the passing of the By- law, this Agreement shall be deemed to be amended to incorporate any changes in the Model Franchise Agreement in effect on such anniversary dates. Such deemed amendments shall not apply to alter the 20 year term. (c) At any time within two years prior to the expiration of this Agreement, either party may give notice to the other that it desires to enter into negotiations for a renewed franchise upon such terms and conditions as maybe agreed upon. Until such renewal has been settled, the terms and conditions of this Agreement shall continue, notwithstanding the expiration of this Agreement. This shall not preclude either party from applying to the Ontario Energy Board for a renewal of the Agreement pursuant to section 10 of the Municipal Franchises Act. Page 4 Part III-Conditions 5. Approval of Construction (a) The Gas Company shall not undertake any excavation, opening or work which will disturb or interfere with the surface of the travelled portion of any highway unless a permit therefore has first been obtained from the Engineer/Road Superintendent and all work done by the Gas Company shall be to his satisfaction. (b) Prior to the commencement of work on the gas system, or any extensions or changes to it (except service laterals which do not interfere with municipal works in the highway), the Gas Company shall file with the Engineer/Road Superintendent a Plan, satisfactory to the Engineer/Road Superintendent, drawn to scale and of sufficient detail considering the complexity of the specific locations involved, showing the highways in which it proposes to lay its gas system and the particular parts thereof it proposes to occupy. (c) The Plan filed by the Gas Company shall include geodetic information for a particular location: (i) where circumstances are complex, in order to facilitate known projects, including projects which are reasonably anticipated by the Engineer/Road Superintendent, or (ii) when requested, where the Corporation has geodetic information for its own services and all others at the same location. (d) The Engineer/Road Superintendent may require sections of the gas system to be laid at greater depth than required by the latest CSA standard for gas pipeline systems to facilitate known projects or to correct known highway deficiencies. (e) Prior to the commoncement of work on the gas system, the Engineer/Road Superintendent must approve the location of the work as shown on the Plan filed by the Gas Company, the timing of the work and any terms and conditions relating to the installation of the work. (f) In addition to the requirements of this Agreement, ifthe Gas Company proposes to affix any part of the gas system to a bridge, viaduct or other structure, if the Engineer/Road Superintendent approves this proposal, he may require the Gas Company to comply with special conditions or to enter Into a separate agreement as a condition of the approval of this part of the construction of the gas system. Page S (g) Where the gas system may affect a municipal drain, the Gas Company shall also file a copy ofthe Plan with the Corporation's Drainage Superintendent for purposes of the Awinage Act, or such other person designated by the Corporation as responsible for the drain. (h) The Gas Company shall not deviate from the approved location for any part of the gas system unless the prior approval of the Engineer/Road Superintendent to do so is received. (i) The Engineer/Read Superintendent's approval, where required throughout this Paragraph, shall not be unreasonably withheld. (j) The approval of the Engineer/Road Superintendent Is not a representation or warranty as to the state of repair of the highway or the suitability of the highway for the gas system. 6. As Built Drawings The Gas Company shall, within six months of completing the Installation of any part of the gas system, provide two copies of "as built" drawings to the Engineer/Road Superintendent. These drawings must be sufficient to accurately establish the location, depth (measurement between the top of the gas system and the ground surface at the time of installation) and distance of the gas system. The "as built" drawings shall be of the same quality as the Plan and, If the approved pre- construction plan included elevations that were geodetically referenced, the "as built" drawings shall similarly include elevations that are geodetically referenced. Upon the request of the Engineer/Road Superintendent, the Gas Company shall provide one copy of the drawings in an electmale format and one copy as a hard copy drawing. 7. Emergencies In the event of an emergency involving the gas system, the Gas Company shall proceed with the work required to deal with the emergency, and in any instance where prior approval of the Engincer/Road Superintendent is normally required for the work, the Gas Company shall use its best efforts to immediately notify the Engineer/Road Superintendent of the location and nature of the emergency and the work being done and, if it deems appropriate, notify the police force, fire or other emergency services having Jurisdiction. The On Company shall provide the Engineer/Road Superintendent with at least one 24 hour emergency contact for the Gas Company and shall ensure the contacts are current. Page 6 8. Restoration The Gas Company shall well and sufficiently restore, to the reasonable satisfaction of the Engineer/Road Superintendent, all highways, municipal works or improvements which it may excavate or interfere with in the course of laying, constructing, repairing or removing its gas system, and shall make good any settling or subsidence thereafter caused by such excavation or Interference. If the Gas Company fails at any time to do any work required by this Paragraph within a reasonable period of time, the Corporation may do or cause such work to be done and the Gas Company shall, on demand, pay the Corporation's reasonably incurred costs, as certifled by the EngineerlRoad Superintendent. 9. Indemnification The Gas Company shall, at all times, indemnify and save harmless the Corporation from and against all claims, including costs related thereto, for all damages or injuries including death to any person or persons and for damage to any property, arising out of the Gas Company operating, constructing, and maintaining its gas system In the Municipality, or utilizing its gas system for the carriage of gas owned by others. Provided that the Gas Company shall not be required to indemnify or save harmless the Corporation from and against claims, including costs related thereto, which it may Incur by reason of damages or injuries Including death to any person or persons and for damage to any property, resulting from the negligence or wrongful not of the Corporation, its servants, agents or employees. 10. Insurance (a) The Gas Company shall maintain Comprehensive General Liability Insurance in sufficient amount and description as shall protect the Gas Company and the Corporation from claims for which the Gas Company Is obliged to indemnify the Corporation under Paragraph 9. The insurance policy shall identify the Corporation as an additional named insured, but only with respect to the operation of the named insured (the Gas Company). The insurance policy shall not lapse or be cancelled without sixty (60) days' prior written notice to the Corporation by the Gas Company. (b) The issuance of an insurance policy as provided In this Paragraph shall not be construed as relieving the Gas Company of liability not covered by such Insurance or in excess of the policy limits of such Insurance. (c) Upon request by the Corporation, the Gas Company shall confirm that premiums for such insurance have been paid and that such insurance is in full force and effect. Page 7 11. Alternative Easement The Corporation agrees, In the event of the proposed sale or closing of any highway or any part of a highway where there Is a gas line in existence, to give the Gas Company reasonable notice of such proposed sale or closing mid, if It is feasible, to provide the Gas Company with easements over that part of the highway proposed to he sold or closed sufficient to allow the Gas Company to preserve any part ofthe gas system in Its then existing location. in the event that such easements cannot be provided, the Corporation and the On Company shall share the cost of relocating or altering the gas system to facilitate continuity of gas service, as provided for in Paragraph 12 of this Agreement. 12. Pipeline Relocation (a) If In the course of constructing, reconstructing, changing, altering or improving any highway or any municipal works, the Corporation deems that it is necessary to take up, remove or change the location of any part of the gas system, the Gas Company shall, upon notice to do so, remove and/or relocate within a reasonable period of time such part of the gas system to a location approved by the Engineer/Road Superintendent. (b) Where any part of the gas system relocated in accordance with this Paragraph is located on a bridge, viaduct or structure, the Gas Company shall alter or relocate that part of the gas system at its sole expense. (c) Where any part of the gas system relocated in accordance with this Paragraph is located other than on a bridge, viaduct or structure, the costs of relocation shall be shared between the Corporation and the Gas Company on the basis of the total relocation costs, excluding the value of any upgrading of the gas system, and deducting any contribution paid to the Gas Company by others in respect to such relocation; mid for these purposes, the total relocation costs shall be the aggregate of the following: (I) the amount paid to Gas Company employees up to and including field supervisors for the hours worked on the project plus the current cost of fringe benefits for these employees, (ii) the amount paid for rental equipment white in use on the project and an amount, charged at the unit rate, for Gas Company equipment while in use on the project, (iii) the amount paid by the Gas Company to contractors for work related to the project, Page 8 (iv) the cost to the Gas Company for materials used in connection with the project, and (v) a reasonable amount for project engineering and project administrative costs which shall be 22.5% of the aggregate of the amounts determined in items (1), (H), (iii) and (iv) above. (d) The total relocation costs as calculated above shall be paid 35% by the Corporation and 65% by the Gas Company, except where the part of the gas system required to be moved is located in an unassumed road or in an unopened road allowance and the Corporation has not approved its location, in which case the Gas Company shall pay 100% of the relocation costs. Part IV - Procedural And Other Matters 13. Municipal By-laws of General Application The Agreement is subject to the provisions of all regulating statutes and all municipal by-laws of general application, except by-laws which have the effect of amending this Agreement. 14. GivingNotlee Notices may be delivered to, sent by facsimile or mailed by prepaid registered post to the Gas Company at its head office or to the authorized officers of the Corporation at its municipal offices, as the case may be. 15. Disposition of Gas System (a) If tlw Gas Company decommissions part of its gas system affixed to a bridge, viaduct or structure, the Gas Company shall, at its sole expense, remove the pmt of its gas system affixed to the bridge, viaduct or structure. (b) If the Gas Company decommissions any other part of its gas system, It shall have the right, but is not required, to remove that part of its gas system. It may exercise Its right to remove the decommissioned parts of its gas system by giving notice of its Intention to do so by filing a Plan as required by Paragraph 5 of this Agreement for approval by the Engineer/Road Superintendent. If the Gas Company does not remove the part of the gas system it has decommissioned and the Corporation requires the removal of all or any part of the decommissioned gas system for the purpose of altering or improving a highway or in order to facilitate the construction of utility or other works in any highway, the Corporation may remove and dispose of so much of tire decommissioned gas system as the Corporation may require for such purposes and neither party shall have recourse against the other for any Page 9 loss, cost, expense or damage occasioned thereby. If the Gas Company bas not removed the part of the gas system it has decommissioned and the Corporation requires the removal of all or any part of the decommissioned gas system for the purpose of altering or Improving a highway or In order to facilitate the construction of utility or other works In a highway, the On Company may elect to relocate the decommissioned gas system and In that event Paragraph 12 applies to the cost of relocation. 16. Use of Decommissioned Gas System (a) The Gas Company shall provide promptly to the Corporation, to the extent such information is known: (1) the names and addresses of all third parties who use decommissioned parts of the gas system for purposes other than the transmission or distribution of gas; and (it) the location of all proposed and existing decommissioned parts of the gas system used forpurposes other than the transmission or distribution of gas. (b) The Gas Company may allow a third party to use a decommissioned pail of the gas system for purposes other than the transmission or distribution of gas and may charge a fee for that third party use, provided (I) the third party has entered into a municipal access agreement with the Corporation; and (li) the Gas Company does not charge a fee for the third party s right of access to the highways. (c) Decommissioned parts of the gas system used for purposes other than the transmission or distribution of gas we not subject to the provisions of this Agreement. For decommissioned parts of the gas system used for purposes other than the transmission and distribution of gas, issues such as relocation costs will be governed by the relevant municipal access agreement. 17. Franchise Handbook The Parties acknowledge that operating decisions sometimes require a greater level of detail than that which is appropriately included in this Agreement. The Parties agree to look for guidance on such matters to the Franchise Handbook prepared by the Association of Municipalities of Ontario and the gas utility companies, as may be amended from time to time. Page 10 18. Other Conditions Notwithstanding the cost sharing arrangements described in Paragraph 12, if any part of the gas system altered or relocated in accordance with Paragraph 12 was constructed or installed prior to January 1, 1981, the Gas Company shall alter or relocate, at its sole expense, such part of the gas system at the point specified, to a location satisfactory to the Engineer/Road Superintendent. 19. Agreement Binding Parties This Agreement shall extend to, benefit and bird the parties thereto, their successors and assigns, respectively. IN WITNESS WHEREOF the parties have executed this Agreement effective from the date written above. THE CORPORATION OF THE COUNTY OF ELGIN Per: Graham Warwick, Warden Per: Mark G. McDonald, Chief Administrative Officer UNION GAS LIMITED Per: Rick Birmingham, Vice President Per: Curt Bernardi, Assistant Secretary THE CORPORATION OF THE COUNTY OF ELGIN BYLAW NUMBER A BY-LAW TO AUTHORIZE A FRANCHISE AGREEMENT BETWEEN THE CORPORATION OF THE COUNTY OF ELGIN and UNION GAS LIMITED WHEREAS the Council of the Corporation of the County of Elgin deems it expedient to enter Into the attached franchise agreement (the "Franchise AgreemenQ with Union Gas Limited; AND WHEREAS the Ontario Energy Board by its Order Issued pursuant to The Municipal Franchises Act on the day of , 20 has approved the terms and conditions upon which and the period for which the franchise provided In the Franchise Agreement is proposed to be granted, and has declared and directed that the assent of the municipal electors in respect of this By-Law Is not necessary: NOW THEREFORE the Council of the Corporation of the County of Elgin enacts as follows: 1. THAT the Franchise Agreement between the Corporation of the County of Elgin and Union Gas Limited attached hereto and forming pad of this by-law, is hereby authorized and the franchise provided for therein is hereby granted. 2. THAT the Warden and Chief Administrative Officer be and they are hereby authorized and Instructed on behalf of the Corporation of the County of Elgin to enter Into and execute under Its corporate seal and deliver the Franchise Agreement, which Is hereby Incorporated into and forming pad of this By-Law. 3. THAT the following by-law be and the same is hereby repeated By-law #93-33 for the Corporation of the County of Elgin, passed in Council on the 2e day of June, 1994. 4. THAT this by-law shall come Into force and take effect as of the final passing thereof. Read a first time this day of , 200_. Read a second time this day of , 200_ Read a third time and finally passed this day of , 200_. THE CORPORATION OF THE COUNTY OF ELGIN Graham Warwick, Warden Mark G. McDonald, Chief Administrative Officer THE CORPORATION OF COUNTY OF ELGIN RESOLUTION RESOLVED THAT: 1. This Council approves the form of draft by-law and franchise agreement attached hereto and authorizes the submission thereof to the Ontario Energy Board for approval pursuant to the provisions of Section 9 of The Municipal Franchises Act. 2. This Council requests that the Ontario Energy Board make an Order declaring and directing that the assent of the municipal electors to the attached draft by-law and franchise agreement pertaining to the Corporation of the County of Elgin Is not necessary pursuant to the provisions of Section 9(4) of the Municipal Franchises Act. I HEREBY CERTIFY the foregoing to be a true copy of a Resolution passed by the Council of the Corporation of the County of Elgin on the day of , 200 . Mark O. McDonald, Chief Administrative Officer Eigln(~r mil y Ro;/szSM1e PyM1§fua REPORT TO COUNTY COUNCIL FROM: Clayton Watters, Director of Engineering Services DATE: January 29, 2009 SUBJECT: Jamestown Bridge CORPORATE GOALS To build and maintain an efficient, affordable, effective and safe transportation network that accommodates the diverse needs of our communities and is able to support economic development and sustainable growth. INTRODUCTION Jamestown Bridge has been closed to traffic since November 17, 2008. In Ontario a structure must be inspected every two years. The 2008 inspection revealed that some floor beams were deformed and as such the bridge was recommended to be closed by the consultant employed by the County to inspect all structures. Shortly thereafter County Council was informed of that staff decision through a report to Council. Staff was then to prepare a report outlining the options for the bridge. This report will discuss the options for the Jamestown Bridge. DISCUSSION In the fall of 2008, AECOM a consulting engineering firm, evaluated the structure and recommended that the bridge be closed immediately and on the same day, November 17, the bridge was closed to traffic. Jamestown Bridge is located in Central Elgin on Martyn Line and is referred to as a townline structure. A townline structure was defined as a bridge that separated two municipalities. Those municipalities were the former Township of Yarmouth and the former Township of Malahide. Jamestown Bridge is a single span through truss steel bridge built in 1909, designed to the old HS-20 or a maximum weight of 20 imperial tons. The overall structure is 34 meters long and 4.0 meters wide. The restrictions for height, which is posted, are 4.4 meters at the centre and 4.1 meters at the edge due to the truss design or knee brace. The weight restrictions are 2 tonnes, which is posted and verified every two years by a professional engineer experienced in such decisions. It was changed in 2003 from 5 tonnes to the present 2 tonnes. The Average Annual Daily Traffic, AADT, in 2007 on the bridge was 50, the County of Elgin's average is approximately 2000 AADT, which is significantly higher than the Jamestown Bridge. The road entering and exiting the bridge from the south has been closed to winter traffic for many years due to the road alignment at the bridge. Before Jamestown Bridge was reduced to a 2 tonne load limit, in 2003, a report was presented to County Council on its options. From that discussion County Council directed staff to research the costs and benefits of rehabilitating the structure. Due to the urgency, repairs had been made to a few stringers and one floor beam as a cost effective measure to keep the bridge open to the 2 tonne limit. There are several options for the bridge: do nothing; remove structure with no replacement; replace all beams, floor stringers and the wood deck; remove structure and replace with a modular bridge and finally replace with a new structure in new location. The first option: the do nothing approach will eventually lead to the removal of the structure due to liability issues. The second option: removing the structure and with no replacement, firstly requires the completion of an Environmental Assessment and then the removal estimated cost $125,000 (completing the environmental assessment is $25,000 and removal of the structure is $100,000). The third option of replacing all the floor beams, floor stringers and installing a new wood deck is estimated at $125,000. This would enable an increase in the load limit to between 5 and 10 tonnes. The fourth option: removing the structure and replacing with a modular bridge is estimated at $300,000 and would permit highway traffic loadings on the single lane structure. And finally the fifth option is to replace the bridge with a new structure in a new location, which is estimated between $3,000,000 and $5,000,000. As stated above Jamestown Bridge is a townline bridge that does not benefit the County road system. The County structure is on a local road and serves a local purpose. As such the priority of this infrastructure is not in the County of Elgin 5 year capital program. Because the bridge serves a local purpose, and the cost to permanently remove the bridge is the same as completing some repairs, an opportunity exists for Council to repair the structure and then remove it from the County's jurisdiction and allow the local municipality to control this asset. This way, the County funds the same amount ($125,000) as if it were to permanently remove the structure and the municipality enjoys the local service the bridge provides them. This option only makes sense if the local municipality values the bridge as a local service and it would be prudent to consult them before the ownership was changed. Staff is recommending that in the 2009 Capital program monies be allocated to the completion of an environmental assessment for the removal of the bridge with no replacement. Staff is also recommending that Spriet Associates be retained to complete the Environmental Assessment, due to their similar work on the Robbins Bridge. Spriet Associates has estimated the work at $25,000. CONCLUSION Jamestown Bridge was closed to traffic in November 2008. The volume of traffic that used the bridge was approximately 1% of the County's average AADT, the structure has weight, height and width restrictions and the structure is on a local road. Lastly, money for capital projects are less than one third of what is required to operate the County road system. Therefore, due to the scarcity of capital monies for projects on the County road system staff is recommending that the structure be removed and not replaced as the most cost effective, long term solution. In order for this project to be completed, an Environmental Assessment should be initiated for the bridge removal in 2009. An option does exist to make repairs to the structure and remove the asset from the County's jurisdiction and provide it to the local municipality. This solution would have the same cost and end result for the County while the local municipality could continue to provide a local service. This option should only be entertained if the local municipality values the service this bridge provides to the local area and the municipality should be consulted prior to the County making any jurisdictional changes. RECOMMENDATION That an Environmental Assessment be completed in 2009; and also, That Jamestown Bridge be closed permanently to traffic, with its removal in 2010; and also, That Spriet Assocaites be retained to complete the Environmental Assessment at their estimated price of $25,000 and be allocated from the 2009 Capital Budget. Respectfully Submitted Clayton D. Wafters Director of Engineering Services Approved for Submission 44 - Mark G. McDona Chief Administrative Officer ! Ellilt a t"iy Fox ii a~ bJ , REPORT TO COUNTY COUNCIL FROM: Peter Dutchak Deputy Director of Engineering Services DATE: January 20, 2009 SUBJECT: Elgin County Teranet Data and Aerial Photography Update CORPORATE GOAL(S) REFERENCED: 1. To forge community partnerships 2. To provide innovative and collaborative quality service 3. To recognize and seize opportunities for improvement INTRODUCTION: The County of Elgin has entered into an agreement with the City of St. Thomas to host Ontario Parcel data and aerial photography on their C-Map website. This project is now complete and accessible by all municipalities of Elgin County. Ontario Parcel data has also been distributed to all municipalities. DISCUSSION: As directed by Council, staff has entered into an agreement with the City of St. Thomas to host Ontario Parcel data for all municipalities to use. The County of Elgin has been able to obtain a licence for the data from Teranet and sub-licence all municipalities at a much lower cost than each municipality licensing their own data directly from Teranet. An aerial photograph mosaic has also been created for recently obtained imagery and is also available on the website for municipalities to use. The County of Elgin has assumed all costs to obtain this data ($5,000 initial costs and $3,000 annually). The information is now available on the City's internal C-Map web-site for our municipalities to use. The link, username and password has been issued to our municipal partners to access the site. It should be noted that the Ontario Parcel data from Teranet is not 100% accurate. This becomes apparent when the property lines are placed on the aerial photography. Some areas are more accurate than others. For high level planning purposes the data is sufficient, however, municipalities commonly manipulate and update the data for their own use. Municipalities who choose to modify the data should forward those corrections to Teranet so that future updates that the municipality receives reflect those changes. No other value-added services are provided with the data hosting and the information is simply posted for all to use. Any request for the City of St. Thomas to manipulate the data is to be negotiated with the City of St. Thomas directly. The Ontario Parcel data as provided to the County has been copied and distributed to all of our municipal partners for them to use for their own business purposes. The County will be distributing updates annually to the municipalities. Although this current arrangement fulfils the County's needs at this time, the County could host this data in the future and municipalities could access the same data from the County's server rather than the St. Thomas web-site. As planning, economic development and other County services evolve in the future, the preference will be to control this data internally for increased functionality. It would be prudent to make these decisions after a County planner was hired. Aerial Photography The County of Elgin has previously not participated in obtaining aerial photography through the SWOOP program. However, now that the County will be using this information in various County departments it is logical to participate in future programs to obtain aerial photography imagery. SWOOP II is currently initiated to obtain imagery in 2010 and the County should participate. CONCLUSION: Staff have obtained an aerial photographic mosaic, Ontario Parcel data from Teranet and entered into an agreement with the City of St. Thomas to host this information on their web-site. This information is now available on the internal St. Thomas C-Map web-site and the address link, user name and password have been forwarded to municipalities to access the data. Also, the Ontario Parcel Data the County has received has been copied and distributed to all municipalities for their use. As County services evolve in the future, it will be the preference for the County to host this data on County servers for municipalities to access for increased functionality. RECOMMENDATION: That the County of Elgin participate in future programs to obtain aerial photographic imagery. All of which is Respectfully Submitted, Approv u n Peter Dutchak MarI~G. McDonald Deputy Director of Engineering Services Chief Administrative Officer *~6 Clayton Wafters Director of Engineering Services TinC<xuty REPORT TO COUNTY COUNCIL Pro~resSL. Da y FROM: Peter Dutchak Deputy Director of Engineering Services DATE: January 30, 2009 SUBJECT: Sparta Line Culvert Lining CORPORATE GOADS) REFERENCED: To build and maintain an efficient, affordable, effective and safe transportation network that accommodates the diverse needs of our communities and is able to support economic development and sustainable growth A culvert across Sparta Line (County Road #27) in the Municipality of Central Elgin is failing and requires work to be completed as soon as practical for the protection of the roadway. DISCUSSION: Staff had noticed a road deformation above an existing 750mm culvert on Sparta Line that serves as a private pond outlet. Upon further investigation, the culvert appears to have failed at a coupler location and the bedding around the pipe is being lost causing a depression in the roadway. The most cost effective solution with the least amount of disruption to the roadway and adjacent properties is to slip-line the existing culvert. Culvert lining has become the County's preferred method of repairing and rehabilitating culverts where possible. The County has enjoyed a positive project history using Weholite pipe as the culvert liner and uses it exclusively. This pipe is specifically designed for this application and is a proprietary product. A quotation has been received from Provincial Underground Services who specialize in culvert linings and have worked for the County in the past. Provincial has submitted a price of $25,600 plus GST to supply all materials (including the Weholite pipe) and complete the project on Sparta Line. They have proposed to complete the work in 2 days and while the pond outlet is "live" with a small water flow. This would eliminate the need for the pond to be lowered and would expedite the repair and have done this successfully in other projects. The County's purchasing policy allows for Single Sourcing of goods and services with the approval of Senior Management and Council. Therefore staff recommends utilizing the specialized services of Provincial Underground Services Ltd. and accept their quotation to be fair and reasonable based upon previous experience. A great percentage of County roads were constructed in the 1970s and prior. Approximately 300km or more than 40% of Elgin County roads are at least 40 years old and nearing the end of the lifecycle for all steel pipe infrastructure. Because of this fact and recent experience, staff anticipates more unplanned repairs being completed on steel culverts in the future. A capital project account will be created for 2009 to cover the costs for the Sparta Line culvert repair project. CONCLUSION: An existing steel pipe culvert on Sparta Line is failing and threatening the roadway. The roadway acts as a dam for an adjacent private pond and the culvert is acts as the outlet structure. Work should be done as soon as practical. A quotation has been received from Provincial Underground Services Ltd. to complete the culvert lining for $25,600 plus GST and staff recommends hiring this firm to complete the project due to their vast experience and proposed methods. RECOMMENDATION: THAT the quotation from Provincial Underground Services in the amount of $25,600 be accepted to complete the Sparta Line culvert repair; and also, THAT the project be funded by the 2009 Capital Budget. All of which is Respectfully Submitted, Peter Dutchak Deputy Director of Engineering Services 1W Approved b n, Mark Chief Administrative Officer Clayton Watters Director of Engineering Services Elgmtrnu7t' REPORT TO COUNTY COUNCIL P)b~h5z~r^Gt Ni2af0 FROM: Tanya Tilton-Reid Human Resources Coordinator DATE: January 30, 2009 SUBJECT: Policy Review and Updates CORPORATE GOAL(S) REFERENCED: To be recognized as a desired employer To recognize and seize opportunities for improvement In a recent review of the Human Resources policy 9.30 -Attendance Management System - it was recognized some updates are required. DISCUSSION: Following the review of the Attendance Management System policy 9.30 in the Human Resources Policy Manual, it was determined that changes are required in order to update the policy to reflect current business practices. The changes have been bolded for your review in the attached document. CONCLUSION: The proposed changes will ensure the AMS policy is reflective of current practices that assist in the maintenance of employee medical confidentiality while facilitating the timely management of employee absences and return to work. RECOMMENDATION: THAT Management Team approve the submitted changes to policy 9.30 for Council's review. All of which is Respectfully Submitted Appjoved for Submission ?22' ZiZ. Tanya Tilton-Reid Mar Human Resources Coordinator Chief 4~01111, Harley nderhill Directo of Human Resources County of Elgin Human Resources Policy Manual Code - A Page 1 of 18 Section: 9 Subject: Attendance Management System Policy Number: 9.30 Date Approved: Oct. 1/87 Date Last Revision: X14/92 To manage attendance within the Corporation in a fair and consistent manner with the following objectives: a) To help employees achieve optimum attendance at work by making every reasonable effort to provide accommodation, assistance and rehabilitation. b) To respond to the facts of individual cases in passing through all the steps of the program. This program is not intended to be applied in a mechanical fashion which endeavours to have "one size fits all", but to rely on objective evidence relating to the attendance. c) To provide guidance to management staff who are responsible for dealing with attendance issues. d) To enable the employer to conduct its operations in a safe, efficient and orderly manner. e) To maximize service delivery to the public. f) To be in compliance with the Employment Standards Act (speGifically genGy leave seGtion) ■ Emergency leave days are not included in the attendance management system ■ The quantum that falls within the emergency leave Employment Standards Act, can be considered both in the manageable and approved categories. ■ Family Medical leave days are not included in the attendance management system. As per the Employment Standards Act this leave may be taken to provide care or support to family members (defined by ESA) who have a serious medical condition with a significant risk of dying within a period of 26 weeks. The leave is unpaid, job-protected time off work for up to 8 weeks within a 26-week period. AMS deals primarily with attendance issues, which are generally defined as non-blameworthy and innocent. Blameworthy attendance issues are generally defined as willful acts resulting in violation of rules, regulations, policies, procedures or standards and could result in disciplinary procedures. County of Elgin Human Resources Policy Manual Code - A Page 2 of 18 Section: 9 Subject: Attendance Management System Policy Number: 9.30 Date Approved: Oct. 1/87 Date Last Revision: May 14182 In order to ensure consistent management of attendance issues and application of an Attendance Management System, the following definitions have been developed: DEFINITIONS: Emergency Leave Qualifiers: • Qualifying needs • Employee's needs: ■ Illness • Injury ■ Medical emergency ■ Broader family member's needs: • Death ■ Illness ■ Injury • Medical emergency ■ An urgent matter (undefined) Medical Time Loss Review The Medical Time Loss Review is an assessment performed by the Human Res FGes Depart, en when an employee states that a medical condition is the reason for inadequate attendance. Return to Work Medical Clearance The Return to Work Medical Clearance is an assessment to determine the employee's ability to perform the duties of his/her regular job in a safe and predictable manner. MANAGEABLE ABSENCES: It is generally accepted that absences are to some extent controllable. These absences are defined as manageable and include any absence from scheduled work for such things as: 1. Absent Without Permission An absence where the employee fails to report an absence to his/her supervisor according to established procedures. These absences may be subject to disciplinary action. 2. Leave of Absence An approved unpaid leave of absence other than what is listed under approved absences, will be subject to the Attendance Management procedures. County of Elgin Human Resources Policy Manual Code - A Page 3 of 18 3. Short Term Disability Section: 9 Subject: Attendance Management System Policy Number: 9.30 Date Approved: Oct. 1/87 Date Last Revision: May 14102 An absence where the employee notifies the employer that he/she is unable to work due to illness, non-occupational injury or doctor's appointments. These absences are subject to the Attendance Management procedures. 4. Long Term Disability An absence resulting from illness/non-occupational injury as determined by a third party claims management company a qualified mediGal practitionef, which prevents an employee from attending his/her regular work and which extends for a period of more than fifteen (15) to seventeen (17) weeks. These absences are subject to the Attendance Management procedures. APPROVED ABSENCES: There are some absences to which the employee is entitled to by law or under terms of the collective agreement and can be regarded as non-preventable. These absences are defined as approved and include any absence for such things as: 1. Absent with Permission An approved paid absence in accordance with the provisions of the collective agreement or County policy. 2. Compassionate Leave An approved absence due to the death of a family member, in accordance with provisions of the collective agreement or County Policy. 3. Doctor's Appointment An absence where the employee requests leave to attend up to two physician or dental appointments, each no greater than one-half day in length or in accordance with provisions of the collective agreement or County policy. At the discretion of the Supervisor, a sick day or a part thereof may be used to attend an appointment with a specialist, as these are difficult to schedule. 4. Leave of Absence An approved unpaid leave of absence of one day to a maximum of five incidents per year. County of Elgin Human Resources Policy Manual Code - A Page 4 of 18 Section: 9 Subject: Attendance Management System Policy Number: 9.30 Date Approved: Oct. 1/87 Date Last Revision: May 14/02 5. Legal Strikes An absence resulting from unresolved formal contract negotiations. 6. Maternity Leave An approved absence for maternity leave in accordance with the Employment Standards Act and based on the appropriate medical authorization. 7. Modified Work/Rehabilitation An approved absence for participation in a temporary modified work or rehabilitation program in accordance with established gradual return to work procedures. 8. Parental Leave An approved absence available to adoptive and/or natural fathers and/or mothers in accordance with the Employment Standards Act. 9. Suspension An absence where an employee is instructed to be absent from scheduled working hours as a result of disciplinary action. 10. Temporary Lay-Off An absence resulting from the temporary unavailability of work. 11. Union Business An absence approved by the Corporation to engage in union related activities. 12. Vacations/Holidays An approved absence where an employee does not report to work due to vacation or holidays in keeping with collective agreements and corporate policies. This includes, lieu statutory days, lieu overtime days, holidays (non-paid). 13. Witness/Jury Duty An approved absence to perform witness or jury duty activities, in accordance with the provisions of the collective agreement or County policy. 14. Workplace Safety and Insurance Board Benefits An absence resulting from a work related injury or illness. These absences are not subject to the Attendance Management procedures. County of Elgin Human Resources Policy Manual Code - A Page 5 of 18 Section: 9 Subject: Attendance Management System Policy Number: 9.30 Date Approved: Oct. 1/87 Date Last Revision: May 14102 Special Circumstances • The employee is responsible for contacting the Director of Human Resources/Department Head to discuss the special circumstances. Examples: Employee sent home due to illness Employee was ill with a life threatening illness EMPLOYEE RESPONSIBILITIES: 1) Maintain an acceptable level of attendance REPORTING AN ABSENCE: Employees who are absent from work shall: 1) Report all absences to the immediate supervisor, or equivalent designate, in the manner and time prescribed in the Attendance Management System and/or Collective Agreements and/or Short and Long Term Disability Plans and/or County Policies, and/or departmental procedures. 2) Make every effort to contact the immediate supervisor, or equivalent designate, prior to the start of the shift. 3) It is the employee's responsibility to provide his/her immediate supervisor with the following information: - reason for absence [ according to defined absence types ] - expected date of return 4) Employees who fail to report an absence shall be recorded as absent without leave. Additional procedures are included to focus on assisting employees to achieve the best health and attendance and to maintain operational efficiency: 1) Employees absent or expecting to be absent in excess of 15 working days are requested to contact the Manager/Supervisor who will contact the Human Resources Department / Health and Safety Human Resources Coordinator in order to determine the possibility of work accommodation. Consultation and coordination with the third party claims management company regarding this assessment will take place. The immediate supervisor will be informed of all developments with his/her employee. 2) Employees will be required to maintain contact and provide functional ability related documentation with the third party claims management company and/or the Manager/Supervisor as well as the Human Resources Coordinator regarding return to work possibilities. may be-requested to n-entan-t the Supeptiser every two weeks to County of Elgin Human Resources Policy Manual Code - A Page 6 of 18 Section: 9 Subject: Attendance Management System Policy Number: 9.30 Date Approved: Oct. 1/87 Date Last Revision: "",..a; 14102 MANAGEMENT RESPONSIBILITIES: 1) Be accountable for the attendance level within the groups they supervise. 2) Know and follow the procedures outlined in the attendance management system. 3) Ensure the consistent application of the attendance management system procedures within the groups they supervise. SUPERVISORS RESPONSIBILITIES: Supervisors shall: 1) Receive calls from absent employees to: - determine the anticipated length of absence and/or return date - determine status of outstanding work, assignments, etc. to assess disposition - express concern regarding employee's health 2) status, rmnqurp am ahstprices for all employees, regardless of report and forwarded to Human ReseurGes Department immediately afteF the payroll cutoff date 3) Ensure that all employees are aware of the designate to be reported to when absent. In identifying a designate, supervisors should select an equivalent or higher level of management 4) Monitor and document all contacts from employees and note any revisions of expected date of return to work 5) Notify the Health and Safety Human Resources Coordinator of absences expected to be, or in excess of, 3 445-working days and changes in return to work dates resulting from regular contact with absent employees County of Elgin Human Resources Policy Manual Code - A Page 7 of 18 DIRECTOR OF HUMAN RESOURCES RESPONSIBILITIES: Section: 9 Subject: Attendance Management System Policy Number: 9.30 Date Approved: Oct. 1/87 Date Last Revision: May 14/92 1) Regularly review the corporate and departmental levels of attendance 2) Ensure that department heads are consistently managing the level of attendance within their departments in accordance with the attendance management system procedures HUMAN RESOURCES DEPARTMENT RESPONSIBILITIES: 1) Provide overall administration of the attendance management system, including providing timely attendance reports to Director of Human Resources and department management, and regularly inform management of the effectiveness of the attendance management system 2) Support departmental management in the AMS process. 3) The Health and Safety Human Resources Coordinator will liaise with the employee, the third party claims management group, the Supervisor, the en•.dmeal Practitione the Workplace Safety and Insurance Board the Benefit Carriers and any other persons necessary to assist with the administration of the Absentee Management System. 4) Monitor the overall health and welfare of all employees. While the emphasis is on preventive medicine, the Human Resources Department (Health and Safety Human Resources Coordinator) may be asked request the third party claims management company to arrange a consultation with a medical practitioner to assess an employee regarding his/her ability to perform job duties in a safe and predictable manner and provide assistance to employees through the AMS. WORKPLACE SAFETY AND INSURANCE BOARD BENEFITS: All incidents/accidents which occur during the course of duty, no matter how minor, must be reported immediately to the supervisor or designate and appropriate incident/accident forms completed and forwarded immediately to the Health and Safety Human Resources Coordinator. The °T•=~upeMse County of Elgin Human Resources Policy Manual Code - A Page 8 of 18 RETURN TO WORK CLEARANCES: Employee Responsibility Section: 9 Subject: Attendance Management System Policy Number: 9.30 Date Approved: Oct. 1/87 Date Last Revision: May 14102 • Report to Health and Safety third party claims management company and/or the Human Resources Coordinator before returning from any absence exceeding time limits outlined in the Collective Agreements or County Policy • Report to Health and Safety Human Resources Coordinator before returning from any absence with limitations or restrictions • Provide medical documentation regarding limitations or restrictions regarding the ability to perform regular duties in a safe and predictable manner • Report to Health and Safety Human Resources Coordinator before returning from any WSIB absence Supervisor Responsibility • For all absences of 5 working days or less due to Short Term Disability, refer employee to Health and Safety Human Resources Coordinator when employee indicates that there are restrictions or limitations or when there are just concerns regarding the employee's ability to perform duties in a safe and predictable manner • Ensure all employees returning from WSIB benefits have been cleared to return by the Health and Safety Human Resources Coordinator Health and Safety Human Resources Coordinator • For all absences due to Workplace Safety and Insurance Board benefits, notify WSIB of employee's return • Review all absences exceeding 5 3 working days due to STD or LTD • Review all absences of 5 3 working days or less where employee was referred by supervisor. ATTENDANCE INTERVIEW PROCEDURES: Interviews will not be required at Level 1 or 2, unless requested by the employee. A notice will be sent from the Human Resources Department to the emplo ee and tsupervisor, to inform them of the attendance. The Supervisor will provide a letter to the employee to inform him/her of the attendance concern. Interviews are not to be viewed as disciplinary proceedings. The intent and purpose, is to provide information and assistance to the employee regarding his/her attendance and responsibility to maintain an acceptable level and to clearly indicate that not meeting attendance expectations may result in non-disciplinary discharge. County of Elgin Human Resources Policy Manual Code - A Page 9 of 18 Section: 9 Subject: Attendance Management System Policy Number: 9.30 Date Approved: Oct. 1/87 Date Last Revision: May 14182 ..ye At Level 1 and 2, a notice will be sent from the Human Resources Department to the ...,,pi~,ti.. a..n.- the supervisor, to inform them of the attendance. The Supervisor will provide a letter to the employee to inform him/her of the attendance concern. No meeting is required unless the employee requests it. No notice will be sent when an employee's rate of manageable attendance is at or below 4 incidents or 10 days or less in any 12 month period. When an employee's rate of manageable attendance exceeds 4 incidents or 10 days in any 12 month period after Levels 1 and 2, the supervisor will notify the employee in writing that he/she should arrange an interview with the supervisor. This interview will be documented. If the employee has not contacted the supervisor within two weeks of the date of the first notice, the supervisor will send a follow-up letter. Should the employee's rate of manageable attendance exceed 4 incidents or 10 days at any time within a 12 month period following the interview, the employee shall proceed to the next level. Should the employee's rate of manageable attendance exceed 4 incidents or 10 days between 12 and 24 months following an interview at any level of the AMS, the same level interview will be repeated. Should the employee's rate of manageable attendance exceed 4 incidents or 10 days after 24 months following an interview at any level of the AMS, the employee will re-enter the procedure at Level 1. At all stages of the AMS follow-up interviews, when an employee demonstrates improvement in meeting attendance expectations, the supervisor will: a) Commend the employee on his/her improvement. b) Emphasize the importance of meeting and maintaining attendance expectations. Except for level 1 and 2, all supervisors are required to document all actions taken through the various stages of AMS and forward them to the Human Resources Department for input onto the data system. Following the return to work date after the absence that triggered the notice/interview the employee will begin a new 12 month period for the purpose of Attendance Management monitoring procedures. County of Elgin Human Resources Policy Manual Code - A Pagel 0 of 18 Section: 9 Subject: Attendance Management System Policy Number: 9.30 Date Approved: Oct. 1/87 Date Last Revision: May 14102 ATTENDANCE INTERVIEW GUIDELINES: 1. Stress that, after Levels 1 and 2, the interview results from him/her being identified as having a rate of manageable attendance that exceeds 4 incidents or 10 days. Subsequent interviews result whenever the employee's rate of manageable attendance exceeds 4 incidents or 10 days in any 12 month period. 2. Indicate to the employee that there is concern for the employee's health status and the Corporation wants to assist him/her in fulfilling Corporate objectives by meeting attendance requirements. Outline the problem by: a) Showing the employee a copy of his/her attendance for the past 12 month period. b) Stating the Corporation's need and desire for every employee to be at work on each working day. 3. Identify how the employee's absences affect his/her Department: a) Morale of fellow employees b) Effectiveness and productivity of the work group c) Quality of service to the public 4. Stress the need for improvement. Make the employee aware that an improvement in his/her attendance is expected. 5. Outline to the employee his/her options: a) Correct the problem on his/her own b) Ask for help c) Do nothing and deal with the potential consequences 6. Offer assistance options to the employee: a) Employee Assistance Program. Any employee who seeks assistance will be provided information about the County's Employee Assistance. b) Medical assistance through the Human Resources Department and/or the third party claim management provider. County of Elgin Human Resources Policy Manual Code - A Pagel 1 of 18 Section: 9 Subject: Attendance Management System Policy Number: 9.30 Date Approved: Oct. 1/87 Date Last Revision: May 7. Inform the employee that his/her attendance will be monitored. 8. Advise the employee of the consequences if there is no improvement. 9. Have the employee restate what you have explained to ensure that he/she understands. 10. Ask the employee for his/her comments. 11. Document the Meeting - forward copy to the Director of Human Resources. EMPLOYEE REPRESENTATION: As previously stated, interviews at the early levels are not intended to be disciplinary but rather a communication between the employee and management regarding attendance information and expectations, assistance available and potential outcomes. Should a unionized employee wish to have representation present at the interview, he/she may request it at any and all levels. In the latter interviews, where attendance improvement has not been demonstrated by the employee, a union representative's attendance shall be invited by the supervisor/manager. LEVELS Level 1 (Initial Concern Notice) An initial concern occurs when an employee's rate of manageable attendance exceeds 4 incidents or 10 days within a 12 month period. A notice will be sent from the Human Resources Department to the employee and the supervisor, to inform them of the attendance. No meeting in is required unless the employee requests it. This notice is designed to inform the employee of the attendance. If the employee indicates that there is a medical condition for the attendance, the employee will be referred to the Human Resources Department for a "Medical Time Loss Review". A follow-up meeting will be held, no later than 3 months after the referral to the Human Resources Department, with the employee to review the outcome of the "Medical Time Loss Review" and agree on a plan of action to achieve the acceptable attendance level. County of Elgin Human Resources Policy Manual Code - A Page 12 of 18 Level 2 a (Further Concern Notice) Section: 9 Subject: Attendance Management System Policy Number: 9.30 Date Approved: Oct. 1187 Date Last Revision: May 14{02 A Level 2 a notice will be sent from the Human ResourGes Department Supervisor to the employee and the supeplise to inform them of the attendance. No meeting is required unless the employee requests it. This notice shall be sent if the employee's rate of manageable attendance exceeds 4 incidents or 10 days at any time within a 12 month period since the initial Level 1 notice or since medical intervention and establishment of an action plan. This notice is again designed to inform the employee of the continuing attendance concern. If the employee indicates that the attendance is due to a medical condition, the employee will be referred to the Human Resources Department for a "Medical Time Loss Review". A follow-up meeting will be held with the employee, no later than 3 months after the referral to Human Resources to review the outcome of the "Medical Time Loss Review" and agree on a plan of action to achieve the acceptable attendance level. Level 2 b (Follow Up Meeting) A Level 2 b meeting shall be conducted three months after the Level 2 a notice ONLY if the employee's rate of manageable attendance has not exceeded 4 incidents or 10 days since the Level 2 a notice. The employee will be commended for his/her progress and reminded that satisfactory attendance at work is required. The employee will also be advised that if his/her manageable absences exceed 4 incidents or 10 days within 12 months of the Level 2 a notice, then a Level 3 a meeting will be held. The Level 2 b meeting shall be conducted by the employee's supervisor, documented in a letter to the employee and recorded in the employee's file in the Human Resources Department. Level 3a (Advance Concern Meeting) A Level 3 a meeting shall be conducted if the employee's rate of manageable attendance exceeds 4 incidents or 10 days at any time within a 12 month period since the initial Level 2 a meeting or since medical intervention and an action plan have been established. The employee will be advised of the attendance, management's expectations regarding satisfactory attendance at work, offered assistance and advised of the possible outcome if there is no improvement. County of Elgin Human Resources Policy Manual Code - A Page 13 of 18 Section: 9 Subject: Attendance Management System Policy Number: 9.30 Date Approved: Oct. 1/87 Date Last Revision: May The employee should be asked if there is a medical condition causing the attendance. If the employee indicates that the attendance is due to a medical condition, the employee will be referred to the Human Resources Department for a "Medical Time Loss Review". A follow-up meeting will be held, no later than 3 months after the referral to Human Resources, with the employee to review the outcome of the "Medical Time Loss Review" and agree on a plan of action to achieve the acceptable attendance level. The Level 3 a meeting shall be conducted by the employee's Supervisor and Human Resources. All meetings occurring in this stage shall be documented in a letter to the employee and recorded in the employee's file in the Human Resources Department. Level 3 b (Follow Up Meeting) A Level 3 b meeting shall be conducted three months after the Level 3 a meeting ONLY if the employee's rate of manageable attendance has not exceeded 4 incidents or 10 days since the Level 3 a meeting. The employee will be commended for his/her progress and reminded that satisfactory attendance at work is required. The employee will also be advised that if his/her manageable absences exceed 4 incidents or 10 days within 12 months of the Level 3 a meeting, then a Level 4 meeting will be held. The Level 3 b meeting shall be conducted by the employee's supervisor, documented in a letter to the employee and recorded in the employee's file in the Human Resources Department. Level 4 (Final Warning) A Level 4 meeting shall be conducted if the employee's rate of manageable attendance exceeds 4 incidents or 10 days at any time within a 12 month period since the initial Level 3 a meeting or since medical intervention and establishment of an action plan. The employee will be advised of the attendance, management's expectations regarding satisfactory attendance at work, and the possible outcome if there is no improvement. The purpose of this meeting is to: a) Present the employee with his/her attendance record to date and to remind him/her of previous notices and/or discussions regarding the necessity of satisfactory attendance County of Elgin Human Resources Policy Manual Code - A Page 14 of 18 Section: 9 Subject: Attendance Management System Policy Number: 9.30 Date Approved: Oct. 1/87 Date Last Revision: May 14102 b) Explain to the employee the seriousness of the situation and stress that improvement must be shown quickly and dramatically in order to ensure continued employment c) Offer assistance if appropriate d) Advise the employee that termination of his/her employment will occur if improvement is not forthcoming If the employee indicates that the attendance is due to a medical condition, the employee will be referred to the Human Resources Department for a "Medical Time Loss Review". A follow-up meeting will be held, no later than 3 months after the referral to the Human Resources Department, with the employee to review the outcome of the "Medical Time Loss Review" and agree on a plan of action to achieve the acceptable attendance level. The Level 4 meeting shall be conducted by the Director of Human Resources, Department Head and Supervisor. A union representative shall also be invited to attend. This meeting will be documented in a letter to the employee and will be recorded in the employee's file in the Human Resources Department. Level 5 (Terminatien a °^'^I^ymen«) (Frustration of Contract) A Level 5 meeting shall be conducted if the employee's rate of manageable attendance exceeds 4 incidents or 10 days at any time within a 12 month period since the initial Level 4 meeting or since medical intervention and an action plan have been established. The purpose of this meeting is to: a) Present the employee with his/her attendance record to date b) Advise the employee that he/she has not demonstrated the required improvement outlined in Level 4, resulting in frustration of his/her employment contract termination. The Level 5 meeting shall be conducted by the Director of Human Resources, Department Head and the Supervisor. A union representative shall also be invited to attend. This action will be documented in a letter presented to the employee and will be recorded in the employee's file in the Human Resources Department. County of Elgin Human Resources Policy Manual Code - A Page 15 of 18 Section: 9 Subject: Attendance Management System Policy Number: 9.30 Date Approved: Oct. 1/87 Date Last Revision: n". 41022 Prior to the Level 5 meeting being held, the Director of Human Resources will review all cases to ensure that: a) Every reasonable effort has been made to accommodate the employee within the workplace; b) The employer has fulfilled its obligations under the Workplace Safety and Insurance Act and the Ontario Human Rights Code; c) The employee's attendance record illustrates an inability to meet attendance expectations. In exceptional circumstances, where the Director of Human Resources is satisfied, based on available medical information, that there is a likelihood the employee will be capable of satisfactory attendance in the foreseeable future, a decision to terminate may be deferred for a period not exceeding twelve months. Where a decision has been made to defer termination as outlined above, should the employee's rate of manageable attendance exceed 4 incidents or 10 days at any time within a 12 month period following the Level 5 meeting, the employment contract will be reviewed t employee will be terminated. Should the employee's rate of manageable attendance exceed 4 incidents or 10 days between 12 and 24 months following a Level 5 meeting, a Level 4 meeting will be held. ATTENDANCE MANAGEMENT SYSTEM REPORTS: In order to assist management to identify and manage the attendance performance of their employees in a fair and consistent manner according to the procedures outlined, system reports will be generated and distributed to supervisors on a regular basis monthly. Overall administration and statistical monitoring of attendance is the responsibility of the Human Resources Department. It shall be responsible for producing employee and summary attendance reports. County of Elgin Human Resources Policy Manual Code - A Page 16 of 18 Section: 9 Subject: Attendance Management System Policy Number: 9.30 Date Approved: Oct. 1/87 Date Last Revision: May 14102 Employee Attendance Reports At monthly intervals, the system will automatically generate reports identifying employees whose manageable absences exceed 4 incidents or 10 days in the previous 12 months, based on a 12 month moving calendar or since the date of return to work following the incident that triggered the interview. The reports shall be distributed to departments every month. The report will include detailed data indicating the manageable absence types by frequency and severity for each employee identified. Summary Reports At the end of each Galendar quarter and annually, the system will preduGe summary report b se .+i..nidiyisi nidepar... ent indicating: As requested by the Supervisor/Manager the Human Resources Department will produce summary report data indicating: • Number of employees • Number of available work days • Total manageable absences (severity and frequency) by absence type • Average days lost and average incidents per employee by manageable and approved absences • Total manageable absences as a percentage of the total available work days. HUMAN RESOURCES DEPARTMENT: Purpose of Human Resources Department The primary purpose of the Human Resources Department in the Attendance Management System is to assist in ensuring that employees are receiving optimum medical care and to provide professional opinions and guidelines on health related issues to Employees, Supervisors and Personnel. Complete confidentiality of medical information as per medical ethics, will be maintained in all cases. County of Elgin Human Resources Policy Manual Code - A Page 17 of 18 Section: 9 Subject: Attendance Management System Policy Number: 9.30 Date Approved: Oct. 1/87 Date Last Revision: May Role of the Human Resources Department for Absences in Excess of 3 40-Working Days For absences in excess of 3 4-8 working days, the Human Resources Department role is as follows: a) Determine e Confirm through the third party claims management company the anticipated length of the employee's absence; b) Assist in ensuring the employee is receiving optimum medical care as reviewed through the third party claims management company; c) Arrange through the third party claims management company a medical assessment of the employee's capability of performing any part of his/her regular job in a temporary modified work environment; d) Develop a follow-up action plan to communicate with the employee. Role of the Human Resources Department in the "Return to Work" Medical Clearance If the employee is required to obtain "Return to Work" medical clearance, the employee must report to the Human Resources Department. The role of the Human Resources Department is to assist the employee to return to work in a safe and efficient manner by obtain dinal assessment t a) Determine ine Determining the employee's hec!t! status functional abilities as they relate to his/her position; b) Erasure Ensuring that the employee is fit to return to regular duties; c) Assist Assisting in determining any follow-up care that maybe appropriate; d) Assess Assessing the employee's capability of performing any part of his/her regular job in a temporary modified work environment. Role of the Human Resources Department in a "Medical Time Loss Review" At Level 4 of the AMS or at any previous time a medical condition for the attendance problem is declared, the employee may be requested to attend a "Medical Time Loss Review" assessment at the as arranged the third party claims management provider Human RnctnurGes Depa:'tmen*-• The purpose of the Medical Time Loss Review is to assess the employee's ability to attend and perform his/her regular duties in a safe and predictable manner. County of Elgin Human Resources Policy Manual Code - A Page 18 of 18 Section: 9 Subject: Attendance Management System Policy Number: 9.30 Date Approved: Oct. 1/87 Date Last Revision: May 14102 Information Provided by the Human Resources Department When an employee has been suitably assessed as determined by the third party claims management provider a mediGal praetiiione whether triggered by the "Return to Work Medical Clearance" or the "Medical Time Loss Review", supervisors can expect answers to the following: a) Is there a medical condition causing the attendance problem? (diagnosis information will not be provided) b) Is the medical condition permanent or temporary? c) Are there any limitations or restrictions that are temporary or permanent? d) What is the anticipated date for return to full regular duties? e) Has everything been done to facilitate the employee's performance of his/her regular duties? f) Is the employee presently able to perform his/her full regular duties in a safe and predictable manner without undue risk to the health and safety of him/herself or others? g) What is the impact of this condition on the employee's ability/likelihood to attend work in a predictable manner in the future? Note: Complete confidentiality of medical information as per medical ethics, will be maintained in all cases. EIEmatuii REPORT TO COUNTY COUNCIL P%;restim tr~lNfse FROM: Dorothy Schaap Payroll & Benefits Coordinator DATE: February 17, 2009 SUBJECT: Annual Benefit Renewal 2009 CORPORATE GOAL(S) REFERENCED: 1. To ensure fiscal responsibility and accountability 2. To be recognized as a desired employer 3. To forge community partnerships 4. To provide innovative and collaborative quality service 5. To recognize and seize opportunities for improvement The annual renewal report for the County of Elgin and member municipalities from Mosey and Mosey, Benefits Consultants was received on January 29, 2009. The report summarizes their analysis of the group benefits renewal action required by Manulife, effective March 1, 2009. DISCUSSION: Please refer to the attached Executive Summary prepared and presented by consultant Abbi O'Neill from the firm of Mosey and Mosey. Points of Emphasis: 1. Mosey & Mosey has a preferred arrangement with Manulife Financial due to their large block of business. As a result of this partnership, insured rates remain competitive and the clients' overall costs are reduced. For rating purposes, the County of Elgin and member municipalities consortium plan have been regarded as one large group in order to attain the best rates, allowing participating lower-tier members the benefit of increased purchasing power that is available through pooled insurance. Membership currently includes Central Elgin, Bayham, Malahide, Dutton/Dunwich, Aylmer and Southwold. 3. The Extended Health Care benefit has a pooling arrangement currently in place designed as added insurance to cover against the possibility of catastrophic claims in excess of $15,000 per year per person for drug claims. Manulife normally charges 3.3% of premium for this pooling and once again, due to the large block of business Mosey has with Manulife, a fee of 1.7% of premium is reflected in the extended health care renewal rating analysis. This year there is a pooling credit of $56,274 due to claims exceeding the $15,000 limit. 4. The Dental Care benefits are underwritten on a fully experience-rated. Rates are established based on the financial results generated by the paid premium and paid claims experience. RENEWAL OVERVIEW The table below summarizes the 4-year history of renewal rate action, by benefit line: Benefit 2006 2007 2008 2009 Renewal Renewal Renewal Renewal Life +7% -4.2% -2.4% 12.6% AD&D No change No change No change No change LTD +13.0% -5.4% -5.9% No change WI No change Not Not Not applicable applicable applicable EHC -5.6% 6.2% 11.2% 3.8% Dental -12.3%+ 2.1% 24.1% 3.0% ODA fee ODA fee ODA fee guide guide guide increase increase increase Overall -2.0% 1.7% 8.4% 3.5% The annual increase of 3.5% for the County of Elgin's plan in dollars is $34,284 annually compared to Manulife's proposed renewal of 9.8% or $96,420. Mosey's excellent negotiating skills with Manulife resulted in annual savings of $62,136. CONCLUSION: Staff are pleased with the outcome of the renewal and recommend acceptance of the negotiated renewal rate adjustments with Manulife Financial effective March 1, 2009. A copy of the report, in its entirety, is available at the County Administration Services Office on the third floor. RECOMMENDATION: THAT County Council approve the negotiated renewal rate adjustments with Manulife Financial for the County of Elgin and the Elgin Member Municipalities, effective March 1, 2009. Submitted Approved for Chief Adminis ra ive Officer Dorothy Schaap Payroll & Benefits Coordinator Group Benefits Program 2009 Renewal EXECUTIVE SUMMARY We are pleased to present at this time the renewal report for the County of Elgin employee group benefits program underwritten by Manulife Financial and RBC Insurance. The County of Elgin has been combined with other member municipalities in order to provide benefits at the most competitive rates. Manulife Financial underwrites the Employee Group Life, Long Term Disability (LTD), Health and Dental benefits. RBC Insurance underwrites the Accidental Death and Dismemberment (AD&D) benefit only. RBC Insurance is a specialty carrier and as such offers a more comprehensive AD&D benefit package at competitive rates. All benefits are underwritten on a non-refund accounting basis. Liability for these benefits rests fully with the insurer. Your liability is limited to the premium paid on a monthly basis. The purpose of this report is to provide information with respect to our audit and the new rates which will take effect on March 1st 2009. Outlined in the table below are the current, proposed and negotiated monthly premium and corresponding renewal rate adjustments for the County of Elgin and member municipality consortium plan. Section 2 of this report discusses our evaluation of your carrier's proposed renewal rate adjustments. County of Elgin and Member Municipalities Proposed Renewal Negotiated Renewal Current Monthly Rate Monthly Rate Benefit Renewal Premium Adjustment Premium Adjustment Group Life $11,229 $14,894 32.5% $12,648 12.6% AD&D $676 $676 0.0% $676 0.0% Long term disability $27,521 $33,412 21.4% $27,521 0.0% Total Pooled: $39,427 $48,982 24.2% $40,846 3.6% Extended Health Care 75,173 78,029 3.8% 78,029 3.8% Travel 1,224 1,224 0.0% 1,224 0.0% Dental Care 30,585 32,848 7.4% 31,502 3.0% Total Experience Rated: 106,981 112,101 4.8% 110,756 3.5% Total Overall: $146,408 $161,083 $151,601 8% PST $11,713 $12,887 $12,128 Overall Premium $158,121 $173,969 10.0% $163,729 3.5% $ Adjustment Over Current $ 15,849 $ 5,609 Section 6 of this report shows the overall cost and rate summary comparison which illustrates your pre-renewal, proposed renewal and negotiated renewal costs by benefit for the County of Elgin. Proposed and negotiated monthly premium amounts for the County of Elgin only are illustrated below. Please note the overall adjustment for your group varies slightly in respect to the overall adjustment indicated above due to the different volumes applicable to each participating division. Please also note that each member of the County of Elgin and participating municipality consortium program all receive the same renewal rate adjustments by line of benefit. County of Elgin Benefit Group Life AD&D Long term disability Total Pooled: Extended Health Care Travel Dental Care Total Experience Rated: Total Overall: 8% PST Overall Premium $ Adjustment Over Current Proposed Renewal Negotiated Renewal Current Monthly Rate Monthly Rate Renewal Premium Adjustment Premium Adjustment $5,340 $7,083 32.5% $6,012 12.6% $231 $231 0.0% $231 0.0% $13,915 $16,893 21.4% $13,915 0.0% $19,487 $24,207 24.2% $20,158 3.4% 38,576 40,042 3.8% 40,042 3.8% 612 612 0.0% 612 0.0% 16,936 18,189 7.4% 17,444 3.0% 56,123 58,843 4.8% 58,098 3.5% $75,610 $83,050 $78,256 $6,049 $6,644 $6,260 $81,659 $89,694 9.8% $84,516 3.5% $ 8,035 $ 2,857 Glt;mt_oWily REPORT TO COUNTY COUNCIL Pm,%mssn: q N3fum FROM: Pat Vandevenne Director of Senior Services-BV & EM Rhonda Roberts Director of Senior Services-TL Sonia Beavers Purchasing Coordinator DATE: February 4, 2009 SUBJECT: Contract Hair Salon Service - Change in By-law CORPORATE GOAL(S) REFERENCED: 1. To ensure fiscal responsibility and accountability INTRODUCTION: On January 13, 2009 Council was informed that staff would be issuing a Proposal to contract Hair Salon Services for the County Homes. DISCUSSION: A Proposal was issued for Hair Care Services for all three Homes. There were interested parties however, no formal responses were received. The Purchasing Coordinator requested feedback from the interested parties, all of whom have identified the primary deterrent to be the below market rate charged by the County for the services provided. As a result, staff have compared pricing between 6 Homes who also contract hair salon services to verify current acceptable market fees. Staff found that the fees being charged were below market. A revised Proposal was issued which included a price increase for hair salon services. All proposed rate increases have been reviewed and approved by the Homes' Directors and Purchasing Coordinator to ensure residents are being charged fairly and appropriately according to current market rates. CONCLUSION: Hair Salon pricing is below market rate. In order to proceed with reissuing a Proposal for Hair Salon Services, rates were adjusted to reflect Hair Salon Services as market rate. In order for this to occur, the current Fees and Services By-law will need to be revised. RECOMMENDATION: THAT, Council approves an increase in Hair Salon Services to reflect current market rates, AND THAT the Fees and Services By-law be amended accordingly. Respectfully Submittegd Approved for Sub ion r '~ /' honda L. Roberts Mark Mc Director of Senior Services, TL Chief Administrative Officer PatVandevenne Director of Senior Services - EM & BV JV i~.l u ,t ~.~C.f ~ Sonia Beavers Purchasing Coordinator CORRESPONDENCE - February 17, 2009 Items for Consideration Pat Pilgrim, CAO/Clerk, Township of Madawaska Valley with a resolution: 1) seeking support from municipalities in requesting that the County of Renfrew lobby the provincial government on behalf of all rural municipalities to ensure an increase in Homecare Access Programs including increased funding, support and assistance; 2) to changed the legislation of assessment to add a freeze at the year 2008 rate for the next four years, return to a one-year annual assessment that is better to react to a current real estate market and that legislation be drafted to allow for a 2nd class of tax to recognize waterfront properties and the significant tax burden carried by those owners who may be forced to sell their homes due to the unrealistic assessed value. (ATTACHED) Comber 0 01. W 3 y ~ v v ~~95KPye Cmv(nn ViP; s'°rli°u11~1bu THE CORPORATION OF THE TOWNSHIP OF MADAWASKA VALLEY 85 Bay St., PO Box 1000 Barry's Bay, ON KOJ 1BO ah udder(o)madawaskavalley.on.ca P: 613-756-27471 F: 613-756-0553 #23-1215-08 Date: 15 Dec 2008 Moved by: Bonnie Mask Seconded by: Shelley Maika BE IT RESOLVED WHEREAS Homecare is an essential service in rural Ontario in assisting in the well- being of aging seniors and residents battling diseases in their primary or secondary residences; AND WHEREAS Homecare responds to the needs of the patients and assists parents, spouses, children and siblings and the broader community by supporting quality of life and ensuring quality care so that citizens can continue to participate in and contribute to the economic and social life of their community; AND WHEREAS Homecare is a viable alternative to Long-Term Care and Residential Housing; AND WHEREAS rural residents within the County of Renfrew are limited to few spaces within the Long-Term Care Homes in the area; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Township of Madawaska Valley is seeking support from all municipalities in requesting that the County of Renfrew lobby the Provincial Government on behalf of all rural municipalities to ensure an increase in Homecare Access Programs including increased funding, support and assistance; FURTHER THAT this resolution be forwarded to AMO for distribution to all municipalities in Ontario to forward their resolution of support to the Premier of Ontario, the local MPP, the Ministry of Community & Social Services and the Ministry of Health & Long-Term Care. CARRIED. Y at J g'uni Pat Pilgrim, CAO/Clerk DISCLAIMER This material is provided under contract as a paid service by the originating organization and does not necessarily reflect the view or positions of the Assoclation of Municipalities of Ontario (AMO), its subsidiary companies, officers, directors or agents. comb, go9o`,tlsrnro % 7 ~ v" 9~ASKAyP Cmfira MA sayf„ro µia THE CORPORATION OF THE TOWNSHIP OF MADAWASKA VALLEY 85 Bay St., PO Box 1000 Barry's Bay, ON KOJ 1 BO a h u d d e r(o) m ad awa s kava I I ey. o n. c a P: 613-756-2747 / F: 613-756-0553 #07-0105-09 Moved by: Sylvia Yantha Date: 05 Jan 2009 Seconded by: Shelley Maika BE IT RESOLVED WHEREAS every property owner in the Province of Ontario has received an updated Property Assessment Notice indicating their updated assessed value in the fall of 2008; AND WHEREAS the Government of Ontario has introduced Bill 187 on March 22, 2007 which has included changes including the change of the assessment cycle from an annual update to a four-year cycle for the years 2009, 2010, 2011 & 2012 based on valuation dated on January 1, 2008; AND WHEREAS the residential property owners in the Township of Madawaska Valley are seeing an average of 11.22% increase in their assessment (the second highest in Renfrew County including the separated Town of Pembroke) knowing that there has been a dramatic drop in the local real estate market; AND WHEREAS under the roles, responsibilities and relationships identified by MPAC, it is up to the Province of Ontario to make any changes with regard to the legislation of assessments and the municipalities are only allowed to tax based on the assessment provided by the province; NOW THEREFORE BE IT RESOLVED THAT the Township of Madawaska Valley hereby requests that the Province of Ontario change the legislation of assessment to add a freeze at the year 2008 rate for the next for years, a more realistic value for property owners based on the current market and a more realistic value for a tax rate to be based on and also, back to a one-year annual assessment better to react to a current real estate market; AND FURTHER TO THIS, legislation be drafted to allow for a 2nd class of tax to recognize waterfront properties and the significant tax burden carried by those owners who may be forced to sell their homes due to the unrealistic assessed value provided for their homes; AND FURTHER TO THIS, this resolution be directed to Premier McGuinty, Minister of Revenue and to AMO for circulation to all municipalities in the Province of Ontario. CARRIED Y at X 44m Pat Pilgrim, CAO/Clerk DISCLAIMER This material Is provided under contract as a paid service by the originating organization and does not necessarily reflect the view or positions of the Association of Municipalities of Ontario (AMO), its subsidiary companies, officers, directors or agents. CORRESPONDENCE - February 17, 2009 Items for Information (Consent Agenda) Thames, Sydenham & Region - Drinking Water Source Protection Update - January, 2009. (ATTACHED) 2. New Economic Development City Website, "Elgin County is Home to one of Ontario's Most Successful Alternative-Energy Projects". (ATTACHED) 3. AMO Conference Registration Form and Registration Information for the Annual Conference August 16-19, 2009. (ATTACHED) 4. M. Bourque, Executive Correspondence Officer, Office of the Prime Minister, acknowledging Council's support for the Town of East Gwillimbury's resolution concerning municipal infrastructure funding. 5. AMO Member Communication ALERT, "Ontario Municipalities to Benefit from Federal Budget Measures for Infrastructure, Housing and Employment Insurance". (ATTACHED) Thames, Sydenham & Region - Drinking Water Source Protection Update January,2009 Terms of Reference Submitted Following resolutions from the three Source Protection Authorities, the Terms of References for the St. Clair, Upper Thames and Lower Thames Source Protection Areas were submitted by the December 22 deadline. The Terms of Reference includes a work plan that will guide the source protection planning process for the next four years. It outlines who does what, when it will happen and how much it will cost. It will guide us through the completion of the Assessment Report and the Source Protection Plan itself. Extensive consultation took place in the development of the Terms of Reference. Notices were posted in local newspapers and on our region's website announcing the consultation for the draft proposed Terms of Reference documents. The draft proposed Terms of Reference documents were also made available on the website and at each of the Conservation Authority offices. Letters were sent out to all municipalities, First Nations, Great Lake agencies and neighbouring Source Protection regions as well. In the first two weeks of September, four public open houses were held in Ridgetown, St. Marys, Wyoming and London. In addition, three municipal forums were held in Ridgetown, St. Marys and Wyoming. These led to the formal Public Meeting held in London on September 9. Approximately 20 people attended the public meeting. In addition, two public and two band council forums were held specifically for the eight First Nation communities in the region.These were well attended and generated much discussion. Peer Review Committees to be Established for Vulnerability Assessment To provide for a peer review of the vulnerability assessment work in theThames-Sydenham and Region (TSR), the TSR Source Protection Committee is establishing a peer review committee. This committee will work together with the technical leads and their consultants to complete the peer review process laid out in a terms of reference. Technical studies in the TSR have been largely completed and draft reports are available. In some cases the work is yet to be completed and will be subjected to the peer review process once complete. Some changes are also required based on the recently released technical rules. The purpose of a peer review is to provide a scientific review of a draft technical document (or other work) by peers of the individual or group that undertook the work. Peer review has been encouraged as a way of ensuring that the work done through Drinking Water Source Protection is based on sound science. Although the province has yet to require that vulnerability assessment be subjected to a peer review process, source protection regions have been encouraged to proceed with such a process. Calendar Created Recognizing First Nations In cooperation with the eight First Nations in our region, the Thames-Sydenham Region produced a calendar which highlights the value of Aboriginal Traditional Knowledge. Featuring a beautiful artwork by Dave George, the calendar includes a list of special events taking place at various First Nations in the region. Everyone is welcome to partake in these traditional gatherings, competition pow wows, cultural celebrations and other events of historical significance. The calendars will be distributed throughout the region to the area First Nation Administration offices; municipal offices, offices of the Lower Thames Valley, UpperThames River and St. Clair Region conservation areas, Ska-Nah- Doht Village and Museum and from Derekica Snake, First Nations Liaison/Source Protection Technician at the Longwoods Road Conservation Area. The calendars explain the value of Aboriginal Traditional Knowledge (ATK); that it is a wealth of historic and'living' knowledge of the connections between all the elements of the environment including water and how peoples can interact within it. For more information on any of the articles or to receive future issues, please contact Debra Kirk, Administrative Assistant, (519) 245-3710 Ext. 46 E-mail: kirkd@thamesriver.on.ca. Lower Thames Valley Conservation Authority (519) 354-7310 St. Clair Region Conservation Authority (519) 245-3710 UpperThames River Conservation Authority (519) 451-2800 Min of r" Ontario Made Possible through the support of the Government of Ontario 09t'c~~9 pla n z UPPER THAMES RIVER 1j c~SERVP~O Oomemtton ONTARIO ONTAO New Economic Development City Website Elgin County is Home to one of Ontario's Most Successful Alternative-Energy Projects. Since it began commercial operation in May 2006, the Erie Shores Wind Farm has not only put Elgin County at the forefront for energy and environmental projects, it has brought significant economic benefits to the County and many residents. Page 1 of 1 Erie Shores Wind Farm consists of 66 turbines placed at intervals along 26 kilometres of Lake Erie shoreline in the townships of Bayham and Malahide. Power collected from the turbines is carried underground to a transformer station just north of Port Burwell, then transmitted to the Hydro One circuit just east of Tillsonburg to feed into the Ontario electricity market. 'We are generating 250,000 megawatt-hours of power every year," says plant manager Dennis Haggerty. 'And every megawatt of power we generate means less oil or coal or gas that has to be burned, producing greenhouse gases. This power plant is absolutely pollution-free.' The power it generates is sufficient to meet the needs of 30,000 to 40,000 homes. That's a significant contribution to Ontario's power grid from a county with a population of about 50,000. The Erie Shores Wnd Farm also contributes to Elgin County's economy. Owned and operated by Macquarie Power & Infrastructure Income Fund, a TSX-listed company, the wind farm creates direct employment for up to 15 people during the year. That includes technicians from General Electric, builders of the turbines, who maintain the complex, computer-controlled machines under contract. Each of the 66 turbines generates local tax revenue, as does the right-of-way for the transmission line. Important revenue also goes to the 44 landowners from whom land is leased for the turbines, as well as others whose land is optioned in rase of future expansion of the wind farm. Haggerty notes that the success of Erie Shores Wind Farm has demonstrated how Elgin County welcomes new business development. "It was a big, big plus that Elgin County supported the project," he says. 'Without the support of the local landowners and the municipalities and the County, nothing would have happened.' The wind farm was built by AIM PowerGen Corporation of Toronto, which later sold it to Macquarie. Jim Wilgar, who spearheaded the five-year development project for AIM PowerGen, agrees with Haggerty that local cooperation was critical to its success. "We had absolutely wonderful cooperation,' Wilgar says. "We were extremely fortunate to have begun our first wind-power project in this community. 'Once the majority of landowners had a sense of what we were attempting to do, then the interest and commitment on the part of the decision-makers from the townships and County was exceptional.' Wilgar, who is monitoring the site for possible future expansion, frequently conducts tours of the Erie Shores Wind Farm for service clubs, business groups and students from the University of Waterloo and Conestoga College. He regards it as a source of community pride. Go back to the Communique The Economic Developers Association of Canada (EDAC) Is Canada's national organization of Economic Developers pursuing excellence in the field since 1968. For more information about EDAC contact Penny A. Gardiner, Ec.D. Executive Director Telephone: 905.689.8771 Fax: 905.689.5925 e-mail: Admin@edac ca http://edae.onthree.ca/communique/february2/elgin.html 2/2/2009 AN 0 Aseodation of Municipalities of Ontario CONFERENCE REGISTRATION FORM (please type or print) Please detach and retain this instruction sheet for your records. SEEMS M19"IM 1100 Annual Conference I August 16 -19, 2009 @ the Westin Ottawa Hotel & Fairmont Chateau Laurier FOR REGISTRATION INFORMATION, QUESTIONS, AND INQUIRIES: Please visit our website at www.amo.on.ca or contact Anita Su ujdeo toll-free at 1-877-426-6527 or via e-mail asurujdeo@amo.on.ca. A GUIDE TO THE AMO CONFERENCE REGISTRATION PROCESS BANQUET TICKETS: The Conference Tuesday evening social event takes on an exciting new profile this year with `A Night at the Museum'. Join us at the Museum of Civilization for this fascinating night of exhibits and entertainment on August 18th, 2009. Delegates holding a Full Registration or who have purchased additional `A Night at the Musewn' tickets will enjoy a casual evening at this unique Canadian institution which presents over 10,000 years of Canada's pre-history, history and culture. The Museum building is an architectural masterpiece; a symbolic depiction of a land sculpted by winds, waters and glaciers at the end of the Ice Age, when humans first crossed into Canada from Asia. `A Night at the Aluseam' brings together good food, good friends and great entertainment to celebrate the I le AMO Annual Conference. Enjoy the views from the Grand Hall as the breathtaking harmonies and powerful sound of Asani headline the evening's entertainment. And don't forget to take a moment to enjoy the Pacific Coast Aboriginal Exhibits during this spectacular and memorable event. Additional tickets to the event will be processed as `A Night at the Museum' ticket. The evening will not be taking the traditional fbiwiat of a banquet dinner, but will be a stand-up cocktail reception ivith limited seating available. PAYMENT PROCESSING: CREDIT CARDS: We prefer that payment for registration be made via invoice or by cheque as both VISA and Mastercard charge an administration and processing fee of 2.5% of the total cost of a credit card transaction. INVOICESAND CHEQUES: If you choose to be invoiced for your registration fee an invoice will be faxed or e- mailed to the contact details listed on the registration form. Please make cheques payable to Association of Municipalities of Ontario, 200 University Avenue, Suite 801, Toronto, ON., M511 3C6 ON-LINE REGISTRATION.. You may also register on-line via the AMO website at www.amo.on.ca. During the on- line process you will be given the choice of making payment by credit card or you may request to be invoiced for your registration. REFUND POLICTY: Cancellation MUST be made in writing before July 31, 2009. An administration charge of $73.50 ($70.00 plus $3.50 GST) will apply. Any cancellations made after July 31", will not be refunded. CAUCUS VOTING INSTRUCTIONS: Each delegate who is an elected municipal official from an AMO member municipality is eligible to vote. Declaration of caucus must be made when this registration form is submitted. Registration will be processed without this information but must be provides no later than July 24, 2009. July 24, 2009 is also the last date for changing caucus for either the Monday Caucus Candidate Lunch or the AMO Board of Directors Election. A Hit 0 Association of Municipalities of Ontario CONFERENCE REGISTRATION FORM (please type or print) Name Municipality _ Mailing Address Telephone _ Payment MUST accompany registrations. FAX Credit Card Payments to 416-971-9372 Please indicate registration choice below: AMO MEMBERS Fee does not include GST X Early Bird Before April 24 Regular After April 24 On Site Aug 16-19 Full Re istration 590.00 640.00 700.00 Full Re - No Museum 530.00 580.00 640.00 1 Da -Monday 320.00 360.00 400.00 1 Da -Tuesday 320.00 360.00 400.00 % Da - Wednesday 165.00 175.00 175.00 Companion* 265.00 285.00 285.00 Extra 'A Night at the Museum' Tickets 60.00 Federal/Provincial Governments GST exempt X Early Bird Before April 24 Regular After April 24 On Site Aug 16-19 Full Registration 635.00 690.00 740.00 Full Reg - No Museum 575.00 630.00 680.00 1 Da - Monday 340.00 380.00 420.00 1 Da -Tuesday 340.00 380.00 420.00 Da - Wednesday 185.00 195.00 195.00 Companion * 275.00 295.00 295.00 Extra 'A Night at the Museum' Tickets 60.00 Summary of Charges: Registration Fee $ *Companion's Fee $ Extra Soiree Ticket $ GST (5%) $ TOTAL $ * For companion registration please complete Companion Selection Form. Companion's program does not include 'A Night at the Museum' ticket Payment Method: ❑ Invoice ❑ Cheque ❑ MasterCard ❑ Visa Card Number: Expiration Date: m y_ Cardholder's Name (exactly as on card): Signature: Please note any special needs or dietary requirements here: N on-Member s Fee does not include GST Early Bird Regular On Site Before After Aug 16-19 ck here if this is your first time attending the AMO Please ce X e April 24 April 24 Full Registration 760.00 810.00 850.00 GST Registration# 8106732944 d di th i t d t t th I t t AMO ll ct l f ti Full Re - No Museum 700.00 750.00 790.00 s, uses an sc oses e orma on reques e o promo e e n eres s co e n of the municipal sector. It may also be shared with selected third parties to generate 1 D M d 370 00 430 00 430 00 operating revenues for AMO. Under the Federal Personal Information Protection a - on ay . . . and Electronic Documents Ad (PIPEDA) some of the information may constitute 1 Da -Tuesda 00 370 430 00 430 00 Personal information. By filling out this form you agree that all personal information y . . . used and disclosed by AMO for all provided by you on the form may be collected Da -Wednesda 205.00 215.00 215.00 , purposes described above. Please note as an attendee at the conference your l i l d b a f b t i Companion * 285.00 295.00 295.00 likeness may be used in promot ona mater a s an on our we s e or su sequen conferences. CAUCUS VOTING INSTRUCTIONS: Each delegate who is an elected municipal official from an AMC member municipality is eligible to vote but MUST declare a Caucus when they submit this conference registration form. July 24, 2009 is the last date for changing Caucus for either the Monday Caucus Candidate Lunch or the Tuesday Board of Directors election. After July 24, changes to a declared Caucus are not permitted. Please indicate below which caucus you wish to participate in: Title rsr,2202 M*Mgmil 110'" Annual Conference I August 16 -19, 2009 @ the Westin Ottawa Hotel & Fairmont Chateau Laurier ❑ County ❑ Large Urban ❑ Northern ❑ Regional/Single Tier ❑ Rural ❑ Small Urban Assoc of Mun Ont TO: Bonnie Vowel :A:. id101~m Bf. MEMBER COMMUNICATION Tue Jan 27 2009 20:08:55 EST 200 University Ave, Suite 801 Toronto, ON M5H 306 Tel.: (416) 971-98561 Fax: (416) 971-6191 E-mail: amo@amo.on.ca ALERT N2091006 To the attention of the Clerk and Councif FOR MORE INFORMAT10N CONTACT: January 27, 2009 Brian Rosborough, Director of Poicy y r (416) 971-9856 ext 329 Ontario Municipalities to Benefit from Federal Budget Measures for Infrastructure, Housing and Employment Insurance r W J Q Issue: Federal Finance Minister Jim Flaherty presented the Government's 2009 Budget today including new and accelerated investment in municipal infrastructure, new funding for social housing construction and repairs, and an extension to Employment Insurance (EI) benefits that will reduce pressure on municipally cost-shared Ontario Works benefits. Background: The Budget includes additional funding for the Communities Component (municipalities less than 100,000 population) of the Building Canada Fund (BCF). The Federal Government will provide an additional $500 million over the next two years in new funding for the Communities Component - an estimated extra $195 million in federal funding in Ontario. The government will also create a $500 million fund for recreational facilities like hockey arenas, swimming pools and community centres and provide $225-million over three years to extend broadband coverage to unserved communities. The Federal Government will also make available up to $2 billion over two years in direct, low-cost loans to municipalities to finance improvements to "housing related infrastructure, such as sewers, water lines, and neighbourhood regeneration projects." The government also committed to streamlining the federal approval process for infrastructure construction projects including changes to the Environmental Assessment Act, the Fisheries Actand the Navigable Waters Protection Act. A $4 billion Infrastructure Stimulus Fund will be created for provincial, territorial and municipal government infrastructure, including roads, clean water systems and public transit. The Budget indicates that provinces and territories will receive this funding on a per capita basis so Ontario should receive approximately $1.56 Billion over two years (39% of the total allocation). The federal funding will be project-based and require matching contributions from the province and from municipalities receiving funding. Premier McGuinty is reported to have signalled yesterday that the Government of Ontario intends to match new federal funding contained in the Federal Budget. AMO will stress with the Federal Government the importance of a streamlined application process to make it easier for municipalities to apply and to ensure that the funding is not delayed unnecessarily. The infrastructure package also includes $2 billion for colleges and universities and a $1 billion Green Infrastructure Fund for sustainable energy infrastructure. Assoclation of AM 0 1-2 Munlclpailtlas of Ontario Received Time Jan-27, 2009 8:08PM No-2354 Assoc of Mun Ont 1n: Bonnie Vowel Rte Jan 27 2009 20:09:58 EST The Budget also contains $2 billion (nationally) in funding for social housing construction and repairs, including: • Providing a one-time federal investment of $1 billion over two years for renovations and energy retrofits for up to 200,000 social housing units on a 50-50 cost-shared basis with provinces. • Investing $400 million over two years for the construction of social housing units for low- income seniors. • Investing $75 million over two years for the construction of social housing units for persons with disabilities. • Dedicating $400 million over two years to new social housing projects and to remediation of existing social housing stock on First Nations reserves. • Supporting social housing in the North with an additional $200 million over two years. (An equitable share of the new housing funding for Ontario should result in approximately $800 million over two years). The federal government is also providing funding of $60 million to support infrastructure-related costs for local and community cultural and heritage institutions such as local theatres, libraries and small museums. All regions of the province will benefit from the following economic development announcements • Northern Ontario will receive $170 million over two years to secure a more sustainable and competitive forest sector; • Southern Ontario will receive $1 billion over five years for a Southern Ontario development agency to help workers, communities and businesses in this region; and • Eastern Ontario will be provided $20 million over two years for the Eastern Ontario Development program to support business and community development. Another important matter addressed in the Budget relates to the federal El program. The Budget announces that benefits will be extended by five weeks over the next two years. This will relieve some pressure on Ontario Works expenditures by allowing laid off workers to rely on El for a longer period of time. All of the Budget measures that will assist municipalities respond directly to AMO's recent advocacy with the federal government. Action: AMO will pursue additional details and keep members informed of new developments. This information is available in the Policy Issues section of the AMO website at x<r s4;vt;; ;;cR g. Association of 2-2 M inialpalities of Ontario Received Time Jan, 21, 2009 8:08PM No. 2354 CLOSED MEETING AGENDA February 17, 2009 Staff Reaorts: 1) Director of Senior Services, Elgin Manor/Bobier Villa -Municipal Act, Section 240.2 (b) personal matters about an identifiable individual -Staffing Complement fax cover DATE: 12/02/2009 Send to: Warden Hofhuis and Elgin County Councillors Attention: Office Location: Fax Number: Call Group #'s From: Mark G. McDonald, Chief Administrative Officer mmcdonald@elgin-cou nty. on.ca Office Location: Administrative Services Phone Number: Ext. 161 Number of Pages, Including Cover: / URGENT ^ REPLY ASAP ^ PLEASE COMMENT ^ PLEASE REVIEW ^ FOR YOUR INFORMATION COMMENTS: Additional Items for Council Agenda of February 17, 2009 Reports of Staff: (attached) Deputy Director of Engineering Services, Purchasing Coordinator -Installation of MacDairmid Drain, Contract # N0.6200-06-03 (C) 2. Deputy Director of Community and Cultural Services -Tourism Destination Development and Marketing Plan: An Update THE INFORMATION iN THIS FACSiM17ILE IS FOR THE NAMED RECIPIENT ONLY. TT MAY CONTAIN INFORMATION THAT 1S PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAN. IF THE READER OF THIS 6TESSAGE iS NOT THE INTENDED RECIPIENT, Oft RESPONSll3LE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIETT, ANY DISSEMINATION, D1STRll3UTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHBTTED. iF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, OR THERE ARE ANY PAOBLEMS IN TRANS64SSION, PLEASE NOTIFY US BY TELEPHONE County of Elgln 450 Sunset Drive St. Thomas, Ontario N5R 5V1 Canada Phone: 519-631-1460 Fax: 519-633-7661 vnU<v.elgincou nty.on.ca Elgmt=ou~7tp REPORT TO COUNTY COUNCIL FROM: Peter Dutchak Deputy Director of Engineering Services Sonia Beavers Purchasing Coordinator DATE: February 12, 2009 SUBJECT: Installation of MacDairmid Drain, Contract No. 6200-06-03(C) CORPORATE GOAL(S) REFERENCED: To build and maintain an efficient, affordable, effective and safe transportation network that accommodates the diverse needs of our communities and is able to support economic development and sustainable growth. INTRODUCTION; The Council of the Corporation of the County of Elgin, at its meeting held on March 25, 2008, adopted the following recommendation: THAT Henry Heyink Construction Limited be selected for the supply of all labour, material and equipment required for the rehabilitation of Talbot Line at the quoted price of $ 2,091,600.00 (including taxes). The project was for the supply of all labour, equipment and materials for the rehabilitation of Talbot Line, also known as Elgin County Road # 3 from Dunborough Road to the County limits (McPherson Road). Henry Heyink Construction Limited completed the work as per the requirements set out by the Consultant and the County of Elgin. However, additional work is necessary to complete the project and therefore a formal quotation was issued for supplying and installing MacDairmid Drain. DISCUSSION: A new Municipal Drain outlet must be constructed in the Hamlet of New Glasgow as part of the Talbot Line Rehabilitation Project. The County's contractor was originally asked to provide a quotation to complete the works as a "change order" to the project, however the price received exceeded the estimated value of the work; therefore, staff issued a formal quotation to install the drain. The lowest received price was $30,000 less than the contractor's "change order" quote. Formal quotations were retained and bids were received as follows: Company Bid (including taxes) Lake Excavatin $ 72,870.00 Birnam Excavating $ 73,663.39 Murray Mills Excavating $ 74,214.00 Tri-Conn Excavating $ 84,000.00 A. G. Hayter $ 91,875.00 Elgin Construction $109,603.24 Van Bree Excavating $117,563.00 Quality Excavating Limited $125,930.58 Lake Excavating submitted the lowest bid for installation of MacDairmid Drain at a total price of $ 72,870.00 (including taxes). The bid includes all labour, material and equipment required to complete the project as specified in the Quotation Document. The project forms part of the Talbot Line Rehabilitation Project valued at $16 million, scheduled over a four year period and to be completed in 2010. The project is funded utilizing the Move Ontario Provincial Grant, the 2008 Ontario Budget Programme and Federal Gas Tax Revenue along with Elgin County capital project funds. The lowest bid is within the budget estimates. RECOMMENDATION THAT Lake Excavating be selected for the supply of all labour, material and equipment necessary for the installation of MacDairmid Drain located in the Hamlet of New Glasgow in the Municipality of West Elgin at their quoted price of $ 72,870.00 (including taxes). All of which is Respectfully Submitted Pe er Dutchak Deputy Director of Engineering Services Chief Administrative Officer onia Beavers Purchasing Coordinator ~~ Clayton Watters Director of Engineering Services f E IRt~t~lll3fy~ P,~;,,,,,,_~>,~.~„~ REPORT TO COUNTY COUNCIL FROM: Alan Smith, Deputy Director of Community and Cultural Services DATE: February 12`", 2009 SUBJECT: Tourism Destination Development and Marketing Plan: An Update CORPORATE GOAL(S) REFERENCED: 1. To ensure fiscal responsibility and accountability. 2. To promote Elgin as "The Place to Live" 3. To forge community partnerships 4. To provide innovative and collaborative quality service 5. To recognize and seize opportunities for improvement INTRODUCTION: On December 2"d, 2008, County Council passed a motion to retain the consulting firm Millier, Dickinson, Blais inc. in conjunction with Yfactor, to complete a Tourism Destination Development and Marketing Plan - a partnership between the County of Elgin and the City of St. Thomas. This strategic document will guide tourism activities of the County and the City of St. Thomas for the next five years, and will contain a detailed implementation plan that will provide the County's Tourism function with specific action steps to develop, attract and retain tourism product as well as define and promote such product to existing or potential new markets. This report provides an update on how the Plan will be achieved. DISCUSSION: There are two components that comprise the initiative (1) Strategy Development and (2) Marketing. It should be stressed that the former must be fully completed before the later can be undertaken. Development of the strategic component began mid January 2009 with the beginnings of a background and literature review. In order to build on past/current initiatives and avoid "reinventing the wheel" relevant local tourism literature and background material is being analyzed. At the same time, there are a wide range of relevant external materials being reviewed. This external materia will help to paint a picture of the larger tourism environment in which the County of Elgin and the City of St. Thomas is placed, but may also serve to highlight "best practices" from other communities. Finally, this literature review also includes a look at broader industry trends. From a global perspective, how has the industry changed in the last decade, and where will it head in the future? What areas of the tourism industry are showing signs of growth, and which are in decline? This knowledge will help ensure the best possible recommendation for the County/City in moving forward. Like the Economic Development Strategic Plan and the recent Marketing and Branding Design Strategy, public consultation will play a prominent role in the development of the Tourism Plan. This will be achieved through an extensive series of community and stakeholder consultation activities, including one-on-one interviews, online surveys, and a focus group discussion facilitated by the Queen's Executive Decision Centre. To date, stakeholder interviews have been completed. Insight gained throughout the stakeholder consultation process will assist in the identification of key issues and opportunities upon which to base the Tourism Development and Marketing Plan. These one-on-one interviews will be supplemented with an electronic survey of the Elgin-St. Thomas tourism community. Using an online tool called SurveyMonkey, a wide range of local Elgin and St. Thomas businesses and tourism providers will be questioned on tourism development and marketing issues. The survey will also be available on the tourism and progressivebynature websites. To be effective, response rates need to be quite high (100 to 125 completed surveys are anticipated). Next, using the results of the earlier work completed by Millier, Dickinson, Blais as well as the work undertaken by the County, a series of high level goals (5-6) and objectives will be developed. These goals will be explored further in a 2- hourfocus group session (electronic) facilitated by the Queen's Executive Decision Centre held on February 25th, 2009 (see appendix one for details). At the conclusion of the session, the advancement of a common vision and setting of short and long-term goals for the tourism development strategy will begin. Once the public consultation process is complete, identification of investment opportunities will proceed. This process will include the identification of new products and amenities that may prove viable in the local/regional market; and key target markets. At this point the County of Elgin Economic Development and Tourism Advisory Committee (CEEDTAC) will review the findings and proposed strategic direction of the Plan (week of March 23`d). Based on CEEDTAC's input, a strategic plan outlining steps that the County of Elgin/City of St. Thomas can pursue in order to achieve desired investment and development outcomes as it relates to the local tourism industry, will be competed. This will include the creation and prioritization of goals and objectives that can be realistically met over the next 5 years. Having completed the Strategy Development part of the Plan, the marketing portion will be undertaken. Yfactor will establish clear, concise goals and objectives for the marketing activities that will be undertaken by the County of Elgin Tourism Services. This will be accomplished by: • Reviewing all activities and research conducted to date; • Considering all stakeholder interviews and feedback gathered; • Engaging in further discussion with Elgin County staff and the CEEDTAC committee; • Discussing strategic directions, Elgin tourism assets and ideas with representatives of Millier Dickinson Blais and the County of Elgin; • Identifying the most likely successes for Elgin County (target market/sector/activity/etc) The goals and objectives will form the basis for the initiatives that will be recommended and described in the balance of the Marketing portion of the Plan. These marketing initiatives will advance the development of the tourism product in the County of Elgin/City of St. Thomas. Each initiative will be described along with detailed information with respect to recommended marketing including information such as target audience, how to reach them, tactics for reaching them, marketing channels and timing. Key performance indicators and goals will be established for each initiative. A series of marketing tools will then be developed to support the initiatives such as ads, posters, micro Web sites, radio spots, giveaways, signage etc. The final part of the marketing component will be the development of an action plan. Amonth-by-month calendar will be developed identifying key execution times for Tourism activities and ensuring that events are well spaced and planned for maximum success. The action plan will also include an implementation schedule that will address the key steps that have to be taken in order to deliver on the previously identified strategic initiatives. A detailed budget will be included with the action plan. A first draft of the entire Tourism Destination Development and Marketing Plan should be completed for review by CEEDTAC by the end of April/beginning of May. CONCLUSION: The strategy component of the Tourism Destination Development and Marketing Plan is underway. Upon completion of that component, marketing initiatives and an action plan will be developed, and a draft Plan completed. Tourism has been identified as an economic generator for the County of Elgin and the City of St. Thomas. The development of this Plan should assist in the development and advancement of this industry sector in a way that assists with employment creation, increases in tax assessment, while generating wealth throughout the County and the City. RECOMMENDATION: That this report be received and filed for information. All of which i Respe ffully Submitted Alan Smi Deputy Director, Community and Cultural Services ~~~ Approved for Submission Mark onald Chief Administrative Officer Brian Masschaele Director, Community and Cultural Services Appendix one County of Elgin 450 Sunset Drive St. Thomas, Ontario N5R 5V1 Canada Phone: 519-631-1460 Fax: 519-633-7661 ~wnv.elgin-co unty.on.ra Elgin - St. Thomas' Tourism Development Focus Group Meeting Wednesday, February 25t" - 5:30 P.M. - 7:30 P.M. County of Elgin Administrative Building 450 Sunset Drive, St. Thomas Lunchroom, Lower Level In the true spirit of partnership, The County of Elgin and the City of St. Thomas are embarking on a process that would see the development of a new Tourism Development Strategy and marketing Plan for our region. The strategy is intended as a strategic document to guide tourism and marketing activities of the County of Elgin, City of St. Thomas and its communities over the next five years. The document must establish a clear set of goals to advance tourism and marketing activities. As a valued member of our areas' Tourism sector, your input is essential. As part of this exercise, a focus group discussion will take place to solicit your ideas and advice on the strategic direction for the tourism strategy and the associated tactics or initiatives that will contribute or enhance the growth of this sector of our economy. This will include a candid and honest discussion on the barriers to growth and investment in the future. The focus group session will be held on Wednesday, February 25th from 5:30 p.m. to 7:30 p.m. and will be facilitated by the consulting firm of Millier Dickinson Blois and the Queen's University Executive Decision Centre. Your insights are of tremendous value in this undertaking and will assist us in developing a foundation for economic growth over the coming years. All participants will receive a copy of the focus group results. Your contributions are greatly appreciated and we thank you in advance for your participation. Should you have any questions regarding this initiative please don't hesitate to contact Karen Cummings at the County of Elgin Economic Development and Tourism Services (519-631-1460) X137. Alan Smith Deputy Director, Community and Cultural Services County of Elgin County of Elgtn 450 Sunse[ Drive St. Thomas, Ontario N5R 5V1 Canada Phone: 519-631-1460 Fax: 519-633-7661 anwv.e Igi ncounty.on.ca