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14 - June 11, 2024 County Council Agenda PackageElgmCounty Elgin County Council Regular Council Meeting Orders Of The Day Tuesday, June 11, 2024, 9:00 a.m. Council Chambers 450 Sunset Drive St. Thomas ON Note for Members of the Public: Please click the link below to watch the Council Meeting: https://www.facebook.com/ElginCountyAdmin/ Accessible formats available upon request. 1. Call to Order 2. Adoption of Minutes 3. Disclosure of Pecuniary Interest and the General Nature Thereof 4. Presenting Petitions, Presentations and Delegations 5. Committee of the Whole Pages 3 6. Reports of Council, Outside Boards and Staff 6.1 Warden Ketchabaw - Warden's Activity Report (May 2024) 9 6.2 Curator - Elgin County Museum Collections Management Policy Approval 11 6.3 Acting Manager of Planning - PS 24 — 12 — Condominium Exemption 28 from Draft Plan Approval — Compass Trail Phase 3 6.4 Acting Manager of Planning - PS 24-13 — Condominium Exemption from 36 Draft Plan Approval — Kokomo Beach Club (100 The Promenade) 6.5 Director of Engineering - Plank Road (Vienna) — Speed Management 40 Options 6.6 Manager of Administrative Services/Deputy Clerk - Municipal Flag 48 Protocol and Proclamation Policy 7. Council Correspondence 7.1 Items for Consideration 7.2 Items for Information (Consent Agenda) 8. Other Business 8.1 Statements/Inquiries by Members 8.2 Notice of Motion 8.3 Matters of Urgency 9. Closed Meeting Items 9.1 Closed Meeting Minutes - May 28, 2024 10. Motion to Rise and Report 11. Motion to Adopt Recommendations from the Committee of the Whole 12. Consideration of By -Laws 12.1 By -Law No. 24-22 - Confirmation 13. Adjournment Page 2 of 64 Elgin County Council Minutes May 28, 2024, 9:00 a.m. Council Chambers 450 Sunset Drive St. Thomas ON Members Present: Warden Ed Ketchabaw Deputy Warden Grant Jones Councillor Dominique Giguere Councillor Mark Widner Councillor Jack Couckuyt Councillor Andrew Sloan Councillor Todd Noble Councillor Mike Hentz (virtual) Councillor Richard Leatham Staff Present: Blaine Parkin, Chief Administrative Officer/Clerk Nicholas Loeb, Director of Legal Services Peter Dutchak, Director of Engineering Services Katherine Thompson, Manager of Administrative Services/Deputy Clerk Carolyn Krahn, Manager of Economic Development, Tourism & Strategic Initiatives Jenna Fentie, Legislative Services Coordinator Stefanie Heide, Legislative Services Coordinator 1. Call to Order The meeting was called to order at 9:00 a.m. with Warden Ketchabaw in the chair. 2. Adoption of Minutes Moved by: Councillor Noble Seconded by: Councillor Sloan RESOLVED THAT the minutes of the meeting held on May 14, 2024 be adopted. Motion Carried. 3. Disclosure of Pecuniary Interest and the General Nature Thereof None. 4. Presenting Petitions, Presentations and Delegations None. 5. Committee of the Whole Moved by: Deputy Warden Jones Seconded by: Councillor Giguere RESOLVED THAT we do now move into Committee of the Whole. Motion Carried. Page 3 of 64 6. Reports of Council, Outside Boards and Staff 6.1 Manager of Economic Development, Tourism & Strategic Initiatives - Guenther Homes Tax Increment Equivalent Grant (TIEG) Application The Manager of Economic Development, Tourism & Strategic Initiatives presented the report seeking Council's approval for the Tax Increment Equivalent Grant for Peter Letkeman Guenther Inc. Moved by: Councillor Giguere Seconded by: Councillor Widner RESOLVED THAT the report titled "Guenther Homes Tax Increment Equivalent Grant (TIEG) Application" from the Manager of Economic Development, Tourism & Strategic Initiatives dated May 28, 2024 be received and filed; and THAT County Council approves the Tax Increment Equivalent Grant for Peter Letkeman Guenther Inc.; and THAT the Chief Administrative Officer be directed to sign the financial agreement between the County of Elgin, the Township of Malahide, and Peter Letkeman Guenther Inc. Motion Carried. 6.2 Manager of Economic Development, Tourism & Strategic Initiatives - Elgincentives 2023 Year End Review and 10-year Program Review The Manager of Economic Development, Tourism & Strategic Initiatives presented the report detailing the approved Elgincentives applications for 2023 and the 10-year program review process. Moved by: Deputy Warden Jones Seconded by: Councillor Leatham RESOLVED THAT the report titled "Elgincentives 2023 Year End Review and 10-year Program Review" from the Manager of Economic Development, Tourism & Strategic Initiatives dated May 28, 2024 be received and filed; and THAT $40,000 from the Elgincentives budget be allocated to the 10-year review. Motion Carried. 6.3 Director of Engineering Services - St. George Street (CR 26) Reconstruction (Tender No. 2024-T09) — Contract Award The Director of Engineering Services presented the report recommending that PV-EX Construction Ltd. be selected for the St. George Street reconstruction project. Moved by: Councillor Sloan Seconded by: Councillor Noble RESOLVED THAT PV-EX Construction Ltd. be selected to complete the St. George Street (County Road 26) Reconstruction project, Tender No. 2024-T09 at a total price of $3,279,205 including a $335,000 contingency allowance and exclusive of HST.; and THAT the Warden and Chief Administrative Officer be directed and authorized to sign the contract. Motion Carried. Page 4 of 64 6.4 Director of Engineering Services - Reduced Speed Zone Amendment — Kingsmill Corner The Director of Engineering Services presented the report seeking Council's approval to amend the 60km/hr reduced speed zone along Ron McNeil Line through the community of Kingsmill Corner in response to a local resident's concerns. The report also recommends approving a consolidated speed zone by-law to merge previous amendments. Moved by: Deputy Warden Jones Seconded by: Councillor Giguere RESOLVED THAT the report titled "Reduced Speed Zone Amendment — Kingsmill Corner" from the Director of Engineering Services dated May 28, 2024 be received and filed; and THAT the Reduced Speed Zone By -Law be revised as follows: Schedule "C" (Maximum 60 kilometres per hour) Road 52, Section A, "from 285 metres west of the west property limit of Springwater Road, easterly for a distance of 1,025 metres" Motion Carried. 6.5 Director of Legal Services - PS 24-11 — Amendments to LDC Remuneration The Director of Legal Services presented the report seeking Council's approval for changes to the Land Division Committee's remuneration and site visits. Moved by: Councillor Widner Seconded by: Councillor Noble RESOLVED THAT the report titled "PS 24-11- Amendments to LDC Remuneration" from the Director of Legal Services dated May 28, 2024 be received and filed; and THAT Council approve the by-law presented for its consideration on the May 28, 2024 agenda that amends By -Law Nos. 23-03 and 23-05. Motion Carried. 7. Council Correspondence 7.1 Items for Consideration 7.1.1 Elgin County Drowning Prevention Proclamation & Flag Raising Request Moved by: Councillor Noble Seconded by: Councillor Leatham RESOLVED THAT the Council of the Corporation of the County of Elgin support the request from the Elgin County Drowning Prevention Coalition to hold a flag raising and proclaim July 21-27, 2024 as Drowning Prevention Week in the County of Elgin. Motion Carried. 7.2 Items for Information (Consent Agenda) Moved by: Councillor Couckuyt Seconded by: Councillor Widner RESOLVED THAT Correspondence Items #7.2.1-7.2.3 be received and filed; and Page 5 of 64 THAT the Corporation of the County of Elgin support the resolution from the City of Belleville regarding support of family doctors in the Province of Ontario. Motion Carried. 7.2.1 Letter from Quad County Support Services thanking Elgin County Council for the community grant in support of their Summer Youth Transition Program, and their Spring 2024 Newsletter. 7.2.2 Resolution from the City of Belleville in Support of Family Doctors 7.2.3 2024 AccessAbility Open House Poster 8. Other Business 8.1 Statements/Inquiries by Members 8.1.1 Councillor Giguere - Save the Date: Terrace Lodge Comforts of Home Bowling Tournament Councillor Giguere invited County Council to save the date for the Terrace Lodge Comforts of Home Charity Bowling Tournament to be held on September 21, 2024 at Cy's Bowling Lanes and Lounge in Aylmer. Councillor Giguere indicated that the event is an opportunity for each municipality to engage in friendly competition for a good cause to wrap up the fundraising campaign. 8.1.2 Warden Ketchabaw - Local Event Updates Warden Ketchabaw invited Councillors to attend Edisonfest this upcoming Saturday. Warden Ketchabaw also noted that the AccessAbility Open House is being held on Saturday, as well as the 61st Annual Ceremonial Review of the 741 Elgin Royal Canadian Air Cadet Squadron. Deputy Warden Jones also reminded Councillors that Rosy Rhubarb in Shedden will be held on June 8-9, 2024. Warden Ketchabaw informed Council that he attended the Canadian Wartime Homefront event held at the Backus -Page House Museum on Saturday, May 25, 2024. He noted that the event was well attended despite the weather and had many exciting educational attractions. 8.2 Notice of Motion None. 8.3 Matters of Urgency None. 9. Closed Meeting Items Moved by: Councillor Noble Seconded by: Councillor Leatham RESOLVED THAT we do now proceed into closed meeting session in accordance with the Municipal Act to discuss the following matters under Municipal Act Section 239 (2): Closed Meeting Item #1 - Closed Meeting Minutes - May 14, 2024 Motion Carried. 9.1 Closed Meeting Minutes - May 14, 2024 10. Motion to Rise and Report Page 6 of 64 Moved by: Councillor Noble Seconded by: Deputy Warden Jones RESOLVED THAT we do now rise and report. Motion Carried. Closed Meeting Item #1 - Closed Meeting Minutes, May 14, 2024 Moved by: Councillor Widner Seconded by: Councillor Noble RESOLVED THAT the May 14, 2024 Closed Meeting Minutes be adopted. Motion Carried. 11. Motion to Adopt Recommendations from the Committee of the Whole Moved by: Councillor Noble Seconded by: Councillor Couckuyt RESOLVED THAT we do now adopt recommendations of the Committee of the Whole. Motion Carried. 12. Consideration of By -Laws 12.1 By -Law No. 24-19 - Authorize Speed Limits BEING a By -Law to Authorize Speed Limits. Moved by: Councillor Noble Seconded by: Councillor Giguere RESOLVED THAT By -Law No. 24-19 be now read a first, second, and third time and finally passed. Motion Carried. 12.2 By -Law No. 24-20 - Amend By -Laws 23-03 and 23-05, Adjusting LDC Remuneration BEING a By -Law to Amend By -Law No. 23-03 and By -Law No. 23-05 for the Purpose of Adjusting Remuneration of the Land Division Committee. Moved by: Councillor Noble Seconded by: Councillor Sloan RESOLVED THAT By -Law No. 24-20 be now read a first, second, and third time and finally passed. Motion Carried. 12.3 By -Law No. 24-21 - Confirmation BEING a By -Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the May 28, 2024 Meeting. Moved by: Deputy Warden Jones Seconded by: Councillor Leatham RESOLVED THAT By -Law No. 24-21 be now read a first, second, and third time and finally passed. Motion Carried. 5 Page 7 of 64 13. Adjournment Moved by: Councillor Widner Seconded by: Councillor Sloan RESOLVED THAT we do now adjourn at 9:41 a.m. to meet again on June 11, 2024 at 9:00 a.m. Motion Carried. Blaine Parkin, Ed Ketchabaw, Chief Administrative Officer/Clerk. Warden. Page 8 of 64 ElginCounty Report to County Council From: Ed Ketchabaw, Warden Date: May 31, 2024 Subject: Warden's Activity Report (May 2024) Recommendation(s): THAT the report titled "Warden's Activity Report (May 2024) dated May 31, 2024 from Warden Ketchabaw be received and filed. Introduction: The purpose of this report is to provide a high-level summary of the meetings and official functions I have attended during the month of May 2024 as Elgin County Warden. Background and Discussion: Events/Meetings Attended by Warden: May 2024: • Meeting with Ontario Federation of Agriculture (OFA) (May 3) • Growth Planning Steering Committee (May 7) • Growth Planning Steering Committee/ Meeting and Tour with Minister Flack and Minister Sarkaria (Ministry of Transportation Ontario (MTO)) (May 10) • Meeting with MP Karen Vecchio (May 13) • County Council (May 14) • Human Resources Committee (May 14) • Community Safety and Well Being Integration Table (May 22) • Canadian Wartime Homefront Event — Backus -Page House Museum (May 25) • County Council (May 28) • Health Recruitment Partnership Discovery Week Dinner (May 28) • South Central Ontario Region (SCOR) Meeting (May 30) Financial Implications: None. Page 9of64 Alignment with Strategic Priorities: Serving Elgin Growing Elgin Investing in Elgin ❑ Ensuring alignment of ❑ Planning for and ❑ Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, and resources, and need. agricultural growth. infrastructure to deliver programs and services ❑ Exploring different ways ❑ Fostering a healthy now and in the future. of addressing community environment. need. ❑ Delivering mandated ❑ Enhancing quality of programs and services ® Engaging with our place. efficiently and effectively. community and other stakeholders. Local Municipal Partner Impact: Elgin County continues to work with and find ways to collaborate with Elgin's municipal partners. Communication Requirements: None. Conclusion: I look forward to representing Elgin County Council at various events throughout my term as 2024 Warden. All of which is Respectfully Submitted Ed Ketchabaw Warden Approved for Submission Blaine Parkin Chief Administrative Officer/Clerk Page 10 of 64 ElginCounty Report to County Council From: Madeleine Howard, Curator Date: June 11, 2024 Subject: Elgin County Museum Collections Management Policy Approval Recommendation(s): THAT Elgin County Museum's Collections Management Policy as attached as Appendix A to the June 11, 2024 report titled Elgin County Museum Collections Management Policy Approval submitted by the Curator be hereby adopted. Introduction: This report recommends updates to Elgin County Museum's Collections Management Policy which was last updated in 2006. Backaround and Discussion: The Museum's Collections Management Policy guides collecting activity, including criteria used in acquiring artifacts and how they are managed. It also provides the policy foundation for assessing existing artifacts that no longer fit the museum's mandate and the transparent process for removing these artifacts from the permanent collection, a process known as de -accessioning. Periodically, museums must engage in a comprehensive review of the existing collection in order to accommodate future growth, consider factors such as the preservation status of the artifact, the amount of room they take to store and changing collecting priorities which today must apply a diversity, equity and inclusionary lens to all activities. Museum staff are in the midst of such a review and need to affect policy changes as part of this work. Attached to this report is a revised Collections Management Policy for County Council's adoption (Appendix A), along with the policy approved in 2006 (Appendix B). Substantive changes to the revised policy include the following: Page 11 of 64 • In the Purpose, adding a statement affirming the Museum's commitment to diversity, equity, inclusion and Indigenous rights. • In Part A, further clarification on how ownership to artifacts may be obtained by adding the option of a tax receipt. This has been a long-standing practice of the museum which has had charitable status for many years but was not articulated in the previous policy alongside other options of outright donation, purchase and exchange. • In Part B, further clarification on the time frame for issuing a temporary receipt to a donor and when a signed deed of gift must be obtained or the item is returned or discarded (three months). • In Part C, adding explicit wording that loans of artifacts shall only be considered for the purposes of augmenting temporary exhibits, particularly between established museums, and are otherwise prohibited. • In Part D, adding consideration of the cost of storing, conserving or displaying the artifact in the decision to de -accession it. • Integration of updates to the instruments used in the acquisition of artifacts such as a deed of gift (included as appendices to the revised report) to reflect the revised policy and recent changes to the Museum's logo. • The policy review period has been amended to every five years or when changes are deemed necessary. Financial Implications: Not applicable. Alignment with Strategic Priorities: Serving Elgin Growing Elgin Investing in Elgin ® Ensuring alignment of ❑ Planning for and ❑ Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, and resources, and need. agricultural growth. infrastructure to deliver programs and services ® Exploring different ways ❑ Fostering a healthy now and in the future. of addressing community environment. need. ❑ Delivering mandated ® Enhancing quality of programs and services ® Engaging with our place. efficiently and effectively. community and other stakeholders. Page 12 of 64 Local Municipal Partner Impact: Not applicable. Communication Requirements: The revised policy will be posted on the Museum's website and will be made available in accessible formats and hard copy upon request. Conclusion: The policy as presented in this report was endorsed by the Elgin County Museum Advisory Committee on May 8t", 2024, which includes representation from two members of County Council (Councillors Giguere and Hentz). A thorough review of best practices from other museums was also conducted in drafting this policy. All of which is Respectfully Submitted Madeleine Howard Curator Brian Masschaele Director of Community and Cultural Services Approved for Submission Blaine Parkin Chief Administrative Officer/Clerk Page 13 of 64 Elgi'nCouaty 1000�/ %/// Museu�m Elgin County Museum Policy Manual Subject: Collections Management Policy Date of Last Revision: September 11, 2006 Purpose The mandate and activities of the Elgin County Museum are governed by By -Law No. 21- 38. The principle objective of the Museum is to acquire, preserve, display, and interpret artifacts which relate to the history and development of the County of Elgin. The Elgin County Museum exists to promote Elgin County's rich historical heritage to the community by acquiring, documenting, preserving, exhibiting, and interpreting artifacts pertaining to the history of the County of Elgin; and to provide leadership and support to County museums in the promotion of a heritage partnership. Elgin County Museum is committed to diversity, equity and inclusion in its collection management policies and procedures. In particular, the museum is committed to policies and actions that address the value of Indigenous collections and the importance of historical research for purposes that may include Truth and Reconciliation, healing, self-awareness, land acknowledgement and treaty rights. The museum is committed to making existing Indigenous and non -Indigenous collections fully available for research and understanding with appropriate descriptive language that considers Indigenous and diverse traditions and methods of communication. The museum is committed to repatriating existing Indigenous collections wherever feasible. Furthermore, the museum is committed to the provision of museum services for Indigenous people that include plans or policies to partner with Indigenous people and their communities. The Elgin County Museum collection is held and managed on behalf of the County of Elgin in the public trust. This policy outlines the following Collections procedures: A. Acquisitions B. Collections Management C. Loans D. De -accessions PART A: ACQUISITIONS Page 14 of 64 The Elgin County Museum collects objects and material culture relating to the heritage of the community, as defined in the Statement of Purpose. The collections are made for the purpose of documentation, research, preservation, exhibition, and interpretation for the community. Elgin County Museum adheres to its collecting practice according to the following criteria- 1 . Objects which are specific to the County of Elgin; 2. Objects produced in the County of Elgin; 3. Objects which are unique to the County of Elgin; 4. Objects exemplary of an aspect of Elgin County's history currently not represented in the collection; 5. Objects with a good record of provenance and authenticated where appropriate; 6. Objects directly relevant to current research, exhibition or interpretation programs; 7. Objects in excellent condition. 8. There must be adequate storage space to accommodate the object(s). Elgin County Museum must be satisfied that any object to be acquired whether by donation, exchange, or purchase, is not stolen or otherwise illegally acquired or collected. The museum will not acquire any objects of undetermined or unethical history of ownership. Material will not be acquired if there is reason to believe the object had been recovered through unscientific handling and/or intentional damage or destruction of an archaeological/historical site or excavation. The museum will not accept objects that have contravened international and national conventions on cultural property. Objects may be acquired by donation, purchase, tax receipt or exchange. Donations: Donations are either solicited or unsolicited. For an object to be donated to the Elgin County Museum, it must be accompanied by Deed of Gift or other statement by the owner transferring ownership and copyright to the Elgin County Museum. Appropriate donation documentation and procedures are outlined in Section B. Purchases: If an object meets the Collections Management Policy criteria, the object may be purchased for the collection. For an object to be purchased by the Elgin County Museum it must be appropriately appraised and authenticated and accompanied by a bill of sale. Tax Receipt: If an object meets the Collections Management Policy criteria, a tax receipt may be issued to the donor as a condition of donation through a Deed of Gift. Such tax receipts may proceed as a charitable donation or through a cultural property tax receipt under relevant E Page 15 of 64 Canadian and international law. An appraisal report from a certified appraiser is generally required as a condition on a deed of gift for any tax receipt to be issued. The Curator and Director of Community and Cultural Services reserve the right to determine if the process for a tax receipt is warranted on a case -by -case basis and under the terms of any other policy developed by the museum or the County of Elgin. Exchange: Elgin County Museum is committed to acquiring artifacts pertaining directly to the history of the County of Elgin and/or its citizens. All acquisitions must follow the guidelines for transfer of ownership and/or responsibility accompanied by a signed gift agreement or other proof of legal title to the object, such as a bill of sale. PART B: COLLECTIONS MANAGEMENT Elgin County Museum will allocate a budget for funding the continuing care and preservation of objects in its collections. Proper storage and exhibition facilities with adequate environmental -control systems must be in place. Processing acquisitions will proceed with the following steps- 1 . When an artifact is being considered for donation to Elgin County Museum, the potential donor signs a temporary gift receipt; 2. The artifact is housed in a curatorial workspace along with its accompanying documentation; 3. If the artifact is assessed as not pertinent to the collection, the owner is contacted to retrieve the object along with a form signed as `artifact returned' including the date; 4. If the artifact is assessed as pertinent to the collection, a deed -of -gift is sent to the donor. The donor must sign the gift form for transfer of ownership and responsibility. A deed of gift form may be issued without need of a temporary gift receipt in cases where the object(s)' value to the collection is clear or when there is reason to suspect that there will be issues with contacting the donor in the future. 5. If the owner does not return the form in the allocated time (three months) from the date the gift form was sent, the artifact must be returned to the owner. Without a signed gift form conferring ownership to the museum, the artifact will not be stored, accessioned nor put on display. Two attempts will be made to contact the donor after the expiration of three months, after which the item may be discarded. 6. Once the deed -of -gift and any other required documentation is returned, artifact is assigned an accession number through the register and tagged. Accession number is also noted on the Museum's copy of the deed -of -gift; 7. When the gift form is returned and an accession number is assigned, the artifact is marked with the accession number and a record is made in the Museum's database, including objects provenance, condition, and a photograph; 8. Upon the artifact being catalogued, it is stored in a permanent storage area and its location is noted in the donor file and in the Museum's online database; 3 Page 16 of 64 9. Artifacts acquired by purchase, tax receipt or exchange are processed following steps 6 through 8. Management of artifacts will proceed with the following steps: 1. artifacts are to be stored and handled according to professional standards; 2. records are to be maintained and updated according to professional standards; 3. artifacts are researched, interpreted and exhibited according to professional standards; 4. comprehensive inventory is maintained. Appraisals of artifacts: All artifacts must have a signed gift form and be part of the collection before an appraisal is completed. When completing appraisals, Elgin County Museum will select the appraiser most suitable for the type of artifacts being appraised. PART C: LOANS Loans of artifacts shall only be considered for the purposes of augmenting temporary exhibits, particularly between established museums, and are otherwise prohibited. 1. All incoming loans and out -going loans for exhibition purposes are listed on loan agreement forms, signed for by the Curator, date of arrival/departure and date of return are noted on the form. 2. All in -coming material is governed by the County's insurance coverage for the Museum. 3. Elgin County Museum is responsible for all in -coming material, which is handled and managed according to the Museum's professional procedures and standards. 4. All out -going material is insured by the borrowing institution. 5. The borrowing institution is responsible for the on -loan material, guaranteeing its handling, safety, exhibit and return according to professional standards. PART D: DE -ACCESSIONS In order to maintain a relevant and growing collection in accordance with the Mission Statement and professional standards, it is necessary to de -accession artifacts. An item can be deaccessioned for reasons which may include, but are not limited to, the following: 1. It does not have appropriate or authenticated documentation, including donor information, deed of gift, bill of sale, or any record of provenance to the County of Elgin; 2. It is not unique to the museum's collection, and there is a more appropriate and well documented example; 0 Page 17 of 64 3. It has failed to retain its integrity and authenticity; 4. It cannot be properly preserved, stored, or used; 5. It no longer supports the Elgin County Museum's mandate; 6. It is more appropriately housed at another museum or cultural institution. 7. The cost of storing, conserving or displaying the artifact is beyond the museum's capacity. In order to process an artifact for de -accessioning, these procedures must be followed: 1. its record and provenance are studied; 2. the collection is reviewed to determine whether or not the artifact is unique, original, a duplicate, or representative of Elgin County's history; 3. the artifact is assessed on its physical condition; 4. the recommendation is made to the Director of Community and Cultural Services. The following standards must be adhered to: 1. The artifact was not obtained with the intention of eventual de -accession. 2. Criteria for de -accessioning includes: poor condition, lack of provenance, duplication, lack of significance to Elgin County's history, the possibility/act of upgrading the collection by means of exchange or other transaction, cannot be properly preserved, stored, or used. 3. Elgin County Museum will de -accession an artifact/s for the purpose of repatriation, when it is legally proven that another body, organization, people, and/or government has the legal and ethical right to said artifact/s. Method of Disposal 1. The catalogue number and any other related markings are removed from the de - accessioned object. 2. The catalogue record notes the change of status to `de -accessioned', and the date of de -accession. Method of deaccession (transfer, auction, disposal) is recorded in the record but is added as a note, which is only accessible to Museum staff from the employee end of the database. 3. It is offered to another tax-exempt, non-profit educational/cultural institution, as a gift or for exchange purposes. 4. It may be sent to disposal through a legitimate public auction service in accordance with the County's Purchasing Policy. If taken to auction, it will be taken to a public auction outside of the Elgin County Museum's immediate location without the listing of the Elgin County Museum's name, and any associated museum identifiers, including tags and accession numbers will be removed from the object(s). Any monies earned by the sale of the de -accessioned artifact/s at the auction will be used on behalf of the Museum. 5. The item may be transferred to the Elgin County Museum's Education collection. 6. Physical destruction. If the artifact is in such poor condition, does not have any documentation related to its authenticity, origin or history, Elgin County Museum 5 Page 18 of 64 may decide to physically destroy the artifact, as it is of not monetary value or historical significance, not important to another institution. The following steps must be taken: 1. catalogue number and any other related markings must be removed. 2. the artifact is smashed into small pieces. 3. the museum record notes date of destruction. 4. it is wrapped in the appropriate coloured garbage bag and deposited into a garbage bin. Insofar as possible, deaccessioned objects should be disposed of in a manner that keeps them in the public domain. A deaccessioned object may be destroyed if it is not salvageable or no longer of interest to any party. No member of the Museum Advisory Committee, Elgin County employee or volunteer, or their representative or immediate families may be given, sold, or otherwise knowingly obtain deaccessioned objects. Deaccessioned objects may not be directly sold to private individuals and corporations. Policy Review and Approval The Collections Management Policy is reviewed on a five-year basis, or any time that changes are deemed necessary. The Curator and Director of Community and Cultural Services will conduct the review, in conjunction with other professional staff. The reviewed version will be submitted to Elgin County Council for approval. APPENDICES N Page 19 of 64 Appendix A: Deed of Gift Form ACCIESSION #: ELGIN C 01JINTY IMUI,EUIP DEED OF GIFT DATE Dgin Counity C ultural Sel 450 SlLnset Drive St. Tl O Il 5V1 NAME, ADDRESS AND CONTACT OF IDOINOR. (hereafter referred to as the Donoir)t: Ill Ill T he folllbwi ng literal iis/a re, offered aire : PERIVIIISSION TO PUBLICLY ACKNOWLEDGE DONATION? Yes No Be !!it ikirtowri that the Doinor !!Is, the so,le wd rl owner of the items descrilbed above and l fulll rl to tra,nisfer owneirship of sanie The Donor hereby gives and, transfers Unto the Elgilil COU11ty l fulll and uneinciumbered title to the liitermis aind assigis to the Ell COUntV l the copyright for alli uitermrs in the donafion previousty held Ray the Doinor. Ownership of the uterms is assilgried UlItD the Ellglin Couinty IMUSeUm, uits and assigns absolirtell'y. ki en;tehn,g into this agireeirwi(enit, the l understands an,d agrees that the Elgin &ounut IMuseum !is free to, displ,ay, l IreLamnu,, allter, or dimspo,se of as it sees fit Iin acco,rdance wth the By-1 that govern Me Ell COUinty IMurseuuini. The l, has Iread, lundel and agreed to the foregoing, acknowledgiing sal by undersigning and dating this, Deed. Signature of l Date The Ellgin COUnty MUSelM gratetdlly ackno;Medges, tl clonafion, having satisfied the criteria lestablished iin the Muse'U1111 C011lectilons Managel l and Elgin County Museum"s, governing By -Law. Signature of Curator Date I riffwmation collected n-i the agreement is gicuerned bythe Ma7icopafFreedom of fryformaiffon and Fm4echon of PrevacyAct aind sha,111 not be re4ased vkhout the consent of the donar. 631- 1460 ext 193 Page 20 of 64 Appendix B: Temporary Receipt ELGIN COUNTY MUSEUM XmIr, , "m DATE: TEMPORARY RECEIPT NAIME AND ADDRESS OF IDONOR (hereafteir referred 63 as the Doinor):; PHIONE INIUMBIER AINID EMAIL:� The folllbwiing item(s) islare, offered -aire:: (DESCRIPTION AND HISTORY) DgHi Counity Cultural SerVices 450 SiLinset Ditive St Thomas, ON IN,5IR SV1 Be n: known, thal: the Dcnor is the sore and rightful owner of the iitems desonbed above and Ihas full re fi1: b, deposit : sw7ie wh:h the Elgin County Museum for the purposes cO a complete inspection and apprats,*, acr^r_�ding to the IhmMuseurn Colleclians Ih4rageinent Policy as 3ppircimed by Fign, County Council under thfc teiTns of the Elgan County Museum's glaveming By-LaA. The museum is hereby permitted tc handle the mate nal to pennh: this iinspecton, The museumf may wxW some wall a# the obpezts Ilksted, above or decline As acceptawmcp wnght 5:lhouldgeMuseLmTnrshlo,7wire the ni,,ItLF4,3 Deed of Gdi form wart be issued requeshing transfer of omersihp to the Museum. The IhmMuseum rannal guarantee thm the or final slate of the material Twill The nifauntained upon is retum, although emery attempt wA be inade to rni7f�mize arty impart resulting from, the museum, inspection. The Donor has read, Understood, and agireed Wthe foregoling, ackinowledging sailme lby undersigning, and dialling this, Receipt. Signature of Donor The ElIgin County IMUSeUM giratiefuilltyacknowledges this, deposit. Staff Signatuire Date Daite lntwmkon collected !in the agireement as gcvemed by the hhmko Freedom of Mformefion and Profee6cmof Fmacy Act a7d, shall inat The released wrtxxut the consent of the donw. (519) 031-14dO earl. 11450 W Page 21 of 64 Additional Kslcry: Circumstances surrounding disoovery or ecquisiborr: OnginEd Owner or Maker: criginEd Use: Who else Ihas owned or used Ihiis rnsle6el and when? Any biographroal detaiis, background infumnation or store.- associated with this nistedaW? Othef (pertinent detaiisc Others personsviho may have ADOITIONAL iinfomialion to shiere? Page 22 of 64 Appendix C: Transfer Form E I gi �n C 0 U, ri ty Museum 450 Sunspt Dnvp. �St. Thomas, ON, MR, 5V1 51,9431-1450 ext. 193, TRANSFER AGREEMENT The, folibming ar-hicle(s) are, beiiing transferred from the 18 'l�iiin COU111ty IMUseum, to for the foflowinig re�-ason(s): The object(s) is inio longer consistent with the missio,in or colledhig goals of Me MUseurn, another institution CDLIld more, appropiriately care for the objecil(s). The, Elgin Counfly Miuseildm hereby gives and bequeaths to, the aboye inSfitUti3Orl the objects listed herein:, and iiln so, d6illg�, Understand that they, from this day forward, become, the sofe, property of the above institution and may be diis,pllayed, loaned, retaiiined or dealt with in SUch mianner as they jUdge appropriate. The, above institution has understood and agreed to the, foregoing:, aclknow[edging by Undersigning andl dating thiis, Transfer Agreement. (Signature from Instuton Representative) ,D31ep Descripfion of Object(s):� Transfer to: Signed: (IFIgin County Museum Staff) Date:: Please, encllose original with transfer and retain copy for file. 10 Page 23 of 64 ELGIN COUNTY MUSEUM Elgin County Cultural Services 450 Sunset Drive St. Thomas, ON N5R 5V1 COLLECTIONS MANAGEMENT POLICY The mandate and activities of the Elgin County Museum are governed by By -Law No. 05-44. The principle objective of the Museum is to acquire, preserve, display and interpret artifacts which relate to the history and development of the County of Elgin. The Elgin County Museum exists to promote Elgin County's rich historical and agricultural heritage to the community by acquiring, documenting, preserving, exhibiting and interpreting artifacts pertaining to the history of the County of Elgin; and to provide leadership and support to County museums in the promotion of a heritage partnership. The Elgin County Museum collection is held and managed on behalf of the County of Elgin in the public trust. This policy outlines the following Collections procedures: A. Acquisitions B. Collections Management C. Loans D. De -accessioning A. Acquisitions Elgin County Museum collects objects and material culture relating to the heritage of the community, as defined in the Statement of Purpose. The collections are made for the purpose of documentation, research, preservation, exhibition and interpretation for the community. Elgin County Museum adheres to its collecting practice according to the following criteria: 1. objects which are specific to Elgin County; 2. objects produced in Elgin County; 3. objects used in Elgin County and/or owned by Elgin County residents. Elgin County Museum strives to emphasize a collection of artifacts that are: 1. objects exemplary of an aspect of Elgin County's history currently not represented in the collection; Page 24 of 64 2. objects that are in danger of loss or destruction; 3. objects directly relevant to current research, exhibition or interpretation programs; 4. well documented objects; 5. objects in excellent condition. Elgin County Museum is satisfied that any object to be acquired whether by donation, exchange, or purchase, is not stolen or otherwise illegally acquired or collected. The museum will not acquire any objects of undetermined or unethical history of ownership. Material will not be acquired if there is reason to believe the object had been recovered through unscientific handling and/or intentional damage or destruction of an archaeological/historical site or excavation. The museum will not accept objects that have contravened the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property as ratified in Canada on June 28, 1978. Objects may be acquired by donation, purchase, or exchange. Donations: Donations are either solicited or unsolicited. Donations are subject to appropriate documentation and procedures which will be outlined in Section B. Purchases: If an object meets the Collections Management Policy criteria, the object may be purchased for the collection. Exchange: Elgin County Museum is committed to acquiring artifacts pertaining directly to the history of the County of Elgin and/or its citizens. All acquisitions must follow the guidelines for transfer of ownership and/or responsibility accompanied by a signed gift agreement or other proof of legal title to the object, such as a bill of sale. B. Collections Management Elgin County Museum will allocate a budget for funding the continuing care and preservation of objects in its collections. Proper storage and exhibition facilities with adequate environmental -control systems must be in place. Processing acquisitions will proceed with the following steps: 1. When an artifact is donated to Elgin County Museum, the potential donor signs a temporary gift receipt; 2. the artifact is housed in the Curatorial Workspace along with its accompanying documentation; 3. if the artifact is assessed as not pertinent to the collection, the object is returned to the owner along with a form signed as `artifact returned' including the date; 2 Page 25 of 64 4. if the artifact is assessed as pertinent to the collection, the artifact is assigned an accession number through the register and tagged. The accession number is noted on the gift form sent to the donor. The donor must sign the gift form for transfer of ownership and responsibility. 5. If the owner does not return the form in the allocated time (six months) from the accession date, the artifact must be returned to the owner. Without a signed gift form, a tax receipt cannot be issued, and the artifact will not be stored nor put on display. 6. When the gift form is returned signed, the artifact is marked with the accession number and catalogued; 7. Upon the artifact being catalogued, it is stored in a permanent storage area and its location is noted on the accession card; the information is also transferred to the collections management database which is backed up daily. 8. Artifacts acquired by purchase or exchange are processed following steps 4 through 7. Management of artifacts will proceed with the following steps: 1. artifacts are to be stored and handled according to professional standards; 2. records are to be maintained and updated according to professional standards; 3. artifacts are researched, interpreted and exhibited according to professional standards; 4. comprehensive inventory is maintained. Appraisals of artifacts: All artifacts must have a signed gift form and be part of the collection before an appraisal is completed. When completing appraisals, Elgin County Museum will select the appraiser most suitable for the type of artifacts being appraised. C. Loans- 1 . All incoming loans and out -going loans for exhibition purposes are listed on loan agreement forms, signed for by the Curator, date of arrival/departure and date of return are noted on the form. 2. All in -coming material is governed by the County's insurance coverage for the Museum. 3. Elgin County Museum is responsible for all in -coming material, which is handled and managed according to the Museum's professional procedures and standards. 4. All out -going material is insured by the borrowing institution. 5. The borrowing institution is responsible for the on -loan material, guaranteeing its handling, safety, exhibit and return according to professional standards. D. De -Accessioning In order to maintain a relevant and growing collection in accordance with the Mission Statement and professional standards, it may be necessary to de -accession artifacts. In order to process an artifact for de -accessioning, these procedures must be followed: 3 Page 26 of 64 1. the artifact is assessed on its physical condition; 2. its record and provenance are studied; 3. the collection is reviewed to determine whether or not the artifact is unique, original, a duplicate, or representative of Elgin County's history; 4. the recommendation is made to the Director of Cultural Services. The following standards must be adhered to- 1 . The artifact was not obtained with the intention of eventual de -accession. 2. Criteria for de -accessioning includes: poor condition, lack of provenance, duplication, lack of significance to Elgin County's history, the possibility/act of upgrading the collection by means of exchange or other transaction. 3. Elgin County Museum will de -accession an artifact/s for the purpose of repatriation, when it is legally proven that another body, organization, people, and/or government has the legal and ethical right to said artifact/s. Method of Disposal 1. The catalogue number and any other related markings are removed from the de -accessioned object. 2. The catalogue record notes the change of status to `de -accessioned', the date of de - accession, and where it went. 3. It is offered to another tax-exempt, non-profit educational/cultural institution, as a gift or for exchange purposes. 4. It may be sent to disposal through a legitimate public auction service in accordance with the County's Purchasing Policy. Any monies earned by the sale of the de -accessioned artifact/s at the auction will be used on behalf of the Museum. 5. Physical destruction. If the artifact is in such poor condition, does not have any documentation related to its authenticity, origin or history. Elgin County Museum may decide to physically destroy the artifact, as it is of not monetary value or historical significance, not important to another institution. The following steps must be taken: 1. catalogue number and any other related markings must be removed. 2. the artifact is smashed into small pieces. 3. the museum record notes date of destruction. 4. it is wrapped in the appropriate coloured garbage bag and deposited into a garbage bin. Policy Review and Approval The Collections Management Policy is reviewed on a yearly basis, or any time that changes are deemed necessary. The Curator and Director of Cultural Services will conduct the review, in conjunction with other professional staff. The reviewed version will be submitted to Elgin County Council for approval. 4 Page 27 of 64 ElginCounty Report to County Council From: Paul Hicks, Acting Manager of Planning Date: June 11, 2024 Subject: PS 24 — 12 — Condominium Exemption from Draft Plan Approval — Compass Trail Phase 3 Recommendation(s): THAT the report titled "PS 24-12 — Condominium Exemption from Draft Plan Approval — Compass Trail Phase 3" from the Acting Manager of Planning dated June 11, 2024 be received and filed. THAT the Council of the Corporation of the County of Elgin grants, in accordance with Section 9 of the Condominium Act, an exemption to draft plan approval for a draft plan of a phased condominium on Block 65, Plan 11 M-241, Part of Lot 1, Concession 1, Geographic Village of Port Stanley, Municipality of Central Elgin for lands contained in Block 65 for the development of a further 13 units; and, THAT staff be directed to prepare and issue a certificate of exemption, and sign and submit the final plans to the Land Registry Office in accordance with the requirements of the Planning Act and Condominium Act. Introduction: This report will provide County Council with information required to consider issuing a final approval to the abovementioned plan of condominium. Under Section 9 of the Condominium Act, plans of condominium are subject to the same legislated criteria as plans of subdivision outlined under Sections 51 and 51.1 of the Planning Act. However, there are some condominium cases where all relevant planning considerations have already been reviewed and/or found acceptable under a previously completed planning process such as official plan/zoning by-law amendments, or site plan control. In these cases, subsection 9(6) of the Condominium Act allows for the owner to make an application to have the description or any part of the description for a condominium exempted from the provisions of Sections 51 and 51.1 of the Planning Act. In accordance with subsection 9(7) of the Condominium Act, the County, as approval Page 28 of 64 authority, may grant an exemption if it believes the exemption is appropriate in the circumstances. Background and Discussion: In November 2022 and June 2023, County Council granted a final approval to the first two phases of the above -noted phased condominium in Port Stanley through the `exempted approval' provisions of Section 9 of the Condominium Act. The applicants are now applying to have the third phase exempted for final approval to develop an additional 13 units. To grant an exemption to the draft approval process requires that: • a development agreement or site plan agreement be in place with the local municipality; • appropriate zoning is in place for the subject lands; • a resolution has been passed in support of the proposed development; • there are no other outstanding matters related to the development that have not been addressed through either zoning or the development agreement. To that end, the owners obtained site plan approval from the Municipality of Central Elgin (By-law No. 2569) in 2021 for the entire development of 52 townhouse dwelling units on the subject lands. As part of this approval, a site plan agreement was executed between the Municipality and owner and registered against the subject lands outlining the obligations associated with the development. As part of the site plan approval process, relevant planning considerations have already been reviewed and/or found acceptable to the Municipality. Further it has been confirmed in writing by Central Elgin staff that a resolution has been passed by Council in support of the proposed development and that appropriate zoning is in place and finally, municipal staff have confirmed that there are no other outstanding issues at the local level that would preclude the County granting the request exemption. Financial Implications: No direct financial implications to the County of Elgin have been identified. Page 29 of 64 Alignment with Strategic Priorities: Serving Elgin Growing Elgin Investing in Elgin ® Ensuring alignment of ® Planning for and ❑ Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, and resources, and need. agricultural growth. infrastructure to deliver programs and services ® Exploring different ways ❑ Fostering a healthy now and in the future. of addressing community environment. need. ® Delivering mandated ® Enhancing quality of programs and services ® Engaging with our place. efficiently and effectively. community and other stakeholders. Local Municipal Partner Impact: The Municipality of Central Elgin will be impacted by this application. Communication Requirements: No notice is required pursuant to the Condominium Act for exemptions from draft plan approval. Notwithstanding this, if approved, County staff will prepare and issue a Certificate of Exemption to be provided to the owner. Further, County staff will sign and submit the final plans to the Land Registry Office in accordance with the requirements of the Planning Act and Condominium Act. Conclusion: Based on the above analysis it is recommended that County Council grant an exemption to the draft plan approval of the subject application for plan of condominium as the application: • Meets the requirements of the Planning Act and Condominium Act; • Is consistent with the Provincial Policy Statement; • Conforms to the Official Plans of the County of Elgin and Municipality of Central Elgin, and the Zoning By-law of the Municipality of Central Elgin; and • Constitutes good planning and is in the public interest. Page 30 of 64 All of which is Respectfully Submitted Paul Hicks Acting Manager of Planning Approved for Submission Blaine Parkin Chief Administrative Officer/Clerk Page 31 of 64 LEC t 9 X 8€ 9 9a - - a ® l ' q a CENTRAL ELGIN ZONING REQUIREMENTS —ER- MUNICIPALITY OF CENTRAL ELGIN BLOCK 65 11M 241 O�NGS PORT S OMf 5 'µ�R' �X OMITS VELOPM NTS (LO ON) INC of SITE PLAN�o ROAD ALLOWANCE BETWEEN CONCESSIONS 1 AND 2 BLOCK 'N_ as IT I L L S T R E E T BLOCK 721 PLAN CO OR T 7 I LOT LO 49 a w" 6 � I r �LOT �� TIT n rt l0T t� w L L 4TI K I LOT 45 _ Y I PL AN M 62 LOT 45 o� q9 f�m I I o 1 LOT _ 44 LOT 43 +iw LOT 42 w n, mpg oOMHa„r.,.. I .n ra ff LOT 41 I ",.,J T" I aLOT 40 1 I rgal I 01 0 T� \ s\ 24\ 5 2 ml l \ L2dT \ ; YnM ry3 \ P�nN AoMP�Psa°"`" Ca 0 ZB Al d eLPH LOot bs , L I„y\ 0 32 \ I C 5 30 LEVEL IINIIIIA PLAN No.42 SLNVEYORSCF.RWII2ATE. ---� PLAN OF SU BLOCK 65. PLAN 11 M 141 ¢U xrvGIR4 'OF CENTRAL ELGIN OT NECL c _nv or a e 11 DE-1— 1 (LK—N) we — �14� C —N No. 61 UNIT8 PTO �l INCLUSIVE GURVEVING DERTIFI—E: LILJ --------------------- ------------------------------ �B ED El I NOTES & LEGEND UN T DEFINITION — — — — — — — — — — NIZ RTl FjlcnI,E ZF,OEC D� -- - ---- ------------- ------------- j L-j L-j ............. . ............. I ElginCounty Report to County Council From: Paul Hicks, Acting Manager of Planning Date: June 11, 2024 Subject: PS 24-13 — Condominium Exemption from Draft Plan Approval — Kokomo Beach Club (100 The Promenade) Recommendation(s): THAT the report titled "PS 24-13 — Condominium Exemption from Draft Plan Approval — Kokomo Beach Club (100 The Promenade)" from the Acting Manager of Planning dated June 11t", 2024 be received and filed. THAT the Council of the Corporation of the County of Elgin grants, in accordance with Section 9 of the Condominium Act, an exemption to draft plan approval for a draft plan of a phased condominium on Part of Block 66, Plan 11 M-247 and Part of Block 61, Plan 11 M-259, Geographic Village of Port Stanley, Municipality of Central Elgin for the development of a 68-unit condominium; and, THAT staff be directed to prepare and issue a certificate of exemption, and sign and submit the final plans to the Land Registry Office in accordance with the requirements of the Planning Act and Condominium Act. Introduction: This report will provide County Council with information required to consider issuing a final approval to the abovementioned plan of condominium. The plan of condominium is owned by Wastell Builders Inc. with the applicant being Monteith Brown Planning Consultants on their behalf. It is County file 34CD-CE2401. Under Section 9 of the Condominium Act, plans of condominium are subject to the same legislated criteria as plans of subdivision outlined under Sections 51 and 51.1 of the Planning Act. However, there are some condominium cases where all relevant planning considerations have already been reviewed and/or found acceptable under a previously completed planning process such as official plan/zoning by-law amendments, or site plan control. In these cases, subsection 9(6) of the Condominium Act allows for the owner to make an application to have the description or any part of the description Page 36 of 64 for a condominium exempted from the provisions of Sections 51 and 51.1 of the Planning Act. In accordance with subsection 9(7) of the Condominium Act, the County, as approval authority, may grant an exemption if it believes the exemption is appropriate in the circumstances. Background and Discussion: The subject lands form part of the larger Kokomo Beach Club Subdivision. Application for Draft Plan of Subdivision (Our File No. 34T-CE1801) was submitted in March 2018 to permit the development of the Kokomo Beach Club Subdivision, consisting of a mix of single detached dwellings and four mid -rise apartment buildings. The plan of subdivision was subsequently approved in November 2018. Block 150 in the approved plan of subdivision — consisting of a four -storey, 68-unit apartment building, the subject to this application, was granted site plan approval in April 2021 by the Municipality of Central Elgin and has subsequently been constructed. The applicant has now applied to the County to create a condominium for the apartment building and to be exempted from draft plan approval. To grant an exemption to the draft approval process requires that: • a development agreement or site plan agreement be in place with the local municipality; • appropriate zoning is in place for the subject lands; • a resolution has been passed in support of the proposed condominium; and • there are no other outstanding matters related to the development that have not been addressed through either zoning or the development agreement. As noted previously, the applicant previously obtained site plan approval from the Municipality of Central Elgin in 2021. As part of the site plan approval process, relevant planning considerations have already been reviewed and/or found acceptable to the Municipality. Further it has been confirmed in writing by Central Elgin staff that a resolution has been passed by Council in support of the proposed development and that appropriate zoning is in place and finally, municipal staff have confirmed that there are no other outstanding issues at the local level that would preclude the County granting the request exemption. Financial Implications: No direct financial implications to the County of Elgin have been identified. Page 37 of 64 Alignment with Strategic Priorities: Serving Elgin Growing Elgin Investing in Elgin ® Ensuring alignment of ® Planning for and ❑ Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, and resources, and need. agricultural growth. infrastructure to deliver programs and services ® Exploring different ways ❑ Fostering a healthy now and in the future. of addressing community environment. need. ® Delivering mandated ® Enhancing quality of programs and services ® Engaging with our place. efficiently and effectively. community and other stakeholders. Local Municipal Partner Impact: The Municipality of Central Elgin will be impacted by this application. Communication Requirements: No notice is required pursuant to the Condominium Act for exemptions from draft plan approval. Notwithstanding this, if approved, County staff will prepare and issue a Certificate of Exemption to be provided to the owner. Further, County staff will sign and submit the final plans to the Land Registry Office in accordance with the requirements of the Planning Act and Condominium Act. Conclusion: Based on the above analysis it is recommended that County Council grant an exemption to the draft plan approval of the subject application for plan of condominium as the application: • Meets the requirements of the Planning Act and Condominium Act; • Is consistent with the Provincial Policy Statement; • Conforms to the Official Plans of the County of Elgin and Municipality of Central Elgin, and the Zoning By-law of the Municipality of Central Elgin; and • Constitutes good planning and is in the public interest. All of which is Respectfully Submitted Paul Hicks Acting Manager of Planning Approved for Submission Blaine Parkin Chief Administrative Officer/Clerk Page 38 of 64 PARKING UNITS DETAIL PLAN VIEW STORAGE UNITS DETAIL 711 PUN VIEW I I SECTION PARKING UNITS DETAIL ESECTION VIEW STORAGE UNITS DETAIL SECTION VIEW 11 11 1 UN, LEVEL B DE7A L I DRAFT PLAN , STANDARD CONDOMINIUM BLCCK, 66, PLAN 11 M-247 BLOCK 61, PLAN 11M-259 I I MUNICIPALITY OF CENTRAL ELGIN -OUNTY OF ELG:N 04T OLS L'D* ONTARiU LAND SURVEYORS li.,M ADDIMONAL INFORMA170N OWNERS CERTiFIGATE SURVEYOR'S CERTIFKATE ElginCounty Report to County Council From: Peter Dutchak, Director, Engineering Services Date: June 11, 2024 Subject: Plank Road (Vienna) — Speed Management Options Recommendation(s): THAT the report titled "Plank Road (Vienna) — Speed Management Options" from the Director of Engineering Services dated June 11, 2024 be received and filed; and THAT staff work with local municipal staff to install additional roadway speed signage, roadway speed marking and edge line painting on Plank Road within Vienna as discussed in the report. The roadway speed markings are considered a pilot trial and staff will report on their effectiveness at a future meeting. Introduction: At the May 14t", 2024 meeting of County Council, staff was directed to provide a comprehensive report investigating a variety of potential traffic safety measures along Plank Road within the Village of Vienna from Edison Street to Oak Street. This report will also generally discuss speed management options for County road locations through built up areas. Background and Discussion: The County of Elgin currently has thirty-nine (39) "built-up areas" as defined by the Highway Traffic Act along County roads. Each of these built-up areas has a reduced speed zone of either 50km/h or 60km/h. In some instances, a 40km/h reduced school speed zone and community safety zone has been established within the built-up area. The County roads within these built-up areas have a functional classification definition of being either an arterial or collector road. These roads have daily traffic volumes that range between 1,000 and 10,000 vehicles, connect urban centres and provide major transportation linkages for commuters, commercial vehicles and agricultural equipment. Page 40 of 64 Speed management on sections of arterial and collector roads through built-up settlement areas can be challenging. Most often the main road through a settlement area is a County road that serves a dual purpose. Outside of the village or hamlet, the County road provides high-speed travel over long distances in open roadside environments. When the road enters built-up areas, its function adds additional purposes such as to accommodate local access, pedestrians, on -street parking, and the posted speed limit reduces accordingly. It can be difficult to alter driver behaviour, in these shorter "multi -function" sections of County roads. Traffic calming is broadly defined as introducing measures to restore the road to its intended use. On local roads whose primary purpose is to provide access to adjacent properties, traffic calming measures are intended to increase the motorist's awareness of the street's function, discourage "shortcutting", and minimize conflict with other road users. On collector and arterial County roads through built-up areas, the primary role of the road is to move higher volumes of traffic often travelling to further destinations. Therefore, a balance must be struck so that the road's function is not compromised while maintaining road safety through towns, villages, and hamlets. In this regard, many traditional traffic calming tools are not appropriate for County roads, however some speed management tools are available. Most municipalities in Ontario including the County of Elgin reference the Transportation Association of Canada's JAC) — Canadian Guide to Traffic Calming to formulate their policies and govern their actions with respect to implementing traffic calming on roads under their jurisdiction. This manual provides examples of measures used in Canadian municipalities to either calm traffic or manage speeds, and identifies where they are appropriate, their benefits, implications, and potential effectiveness based on identified studies. As previously mentioned, many identified traffic calming measures are not appropriate on County roads due to interference with the road's primary purpose. Examples of inappropriate measures include: vertical deflections (i.e. speed hump), horizontal deflections (i.e. chicane), roadway narrowing (i.e. curb extensions), or access restrictions (i.e. lane diverters or closures). These treatment types would potentially congest traffic, provide obstacles to commercial and agricultural vehicles and promote local roads to be used as by-pass routes. Treatments that may be appropriate on County roads include: pavement markings (i.e. on -road "signs"), temporary delineators, education (i.e. speed display devices) and enforcement. PAVEMENT MARKINGS The manual provides five (5) pavement marking treatment measures as follows: converging chevrons, dragon teeth, full -lane transverse bars, on -road sign pavement markings and peripheral transverse bars. Of this list, only on -road "sign" pavement markings are identified as being suitable for urban arterial road sections. Page 41 of 64 On -road "sign" pavement markings provide information that would typically be shown to drivers through signage but are painted on the roadway to provide a larger image, and one that is directly in the driver's line of sight. For example, "Max 50 km/h" can be painted in the centre of the driving lane at the beginning of a reduced speed zone. The advantages of this treatment are that it has no adverse effects to emergency vehicles, snow plowing, commercial vehicles, agricultural equipment, or vehicle operation. The pavement markings could be easily installed at the approach of any built-up area. However, these pavement markings would not be effective during winter weather conditions and require re -painting every 1 to 2 years at an estimated cost of $500 per location. Based on a 2009 Federal Highway Administration (FHWA) study from Virginia, speeds may be reduced from between 6 and 14km/h from this treatment. It should be noted that these anticipated reductions in operating speed will diminish as drivers become familiar with them. TEMPORARY DELINEATORS Speed management measures that narrow the roadway for vehicles are intended to increase the driver's feeling of "confinement", resulting in reduced speeds. Lane widths can be temporarily reduced utilizing flexible delineators in some urbanized locations where larger commercial vehicles nor agricultural equipment travel. These devices require removal to facilitate winter control and are easily damaged by passing vehicles and therefore require ongoing maintenance. Page 42 of 64 In September 2022, County Council supported a pilot project initiated by the Municipality of Central Elgin to install temporary flexible delineators on County road locations within the Village of Port Stanley in an effort to reduce operating speeds. A 2013 Iowa Highway Research Board study found that operating speeds may be reduced up to 5km/h with such treatments. These findings are consistent with data collected from the Central Elgin pilot study during 2023 as shown in the figure below where speeds were reduced between 1 and 7km/h. Page 43 of 64 SPEED DISPLAY DEVICES A speed display device is an interactive sign that displays vehicle speeds as oncoming vehicles approach. Vehicle speed is captured using radar and can trigger the display board to show when vehicles approach at predetermined unsafe speeds. A 2012 study from the Iowa Department of Transportation found that these devices may reduce operating speeds from between 3 and 14km/h, however drivers will become immune in the absence of enforcement. Cost per unit is approximately $4,000 and requires ongoing maintenance and management costs. As an example of their use, the Municipality of West Elgin and the Township of Malahide have purchased these devices and local staff places them at locations temporarily where speed related concerns are received. The OPP has also historically mobilized a similar device mounted to a portable trailer that is deployed across Elgin County to assist in targeted enforcement activities. ENFORCEMENT The OPP currently have an ongoing annual public education and awareness program strategically deployed during times of the year and targeted to specific driver behaviours. County staff has a current practice of addressing speeding concerns received by residents. This practice is triggered by resident concerns, confirmed by county staff with the use of traffic radar counters and communicated to the OPP for their enforcement action. When a speeding complaint on a County road is received, staff deploys its radar traffic counters to the location and obtains detailed traffic data. If the recorded data is found to be in excess of expected ranges, the traffic reports are sent to the OPP so that they may deploy targeted enforcement at these locations as they deem suitable and as their resources permit. Residents who raised the original concern are often visited by OPP staff during enforcement activities. This current practice could be referred to as a "speed watch and targeted enforcement program" that is currently practiced by the County informally and collaboratively with residents and the OPP. Short term behaviour modifications are achieved, however operating speeds will migrate back to historical trends if enforcement activities are not consistently repeated. Page 44 of 64 AUTOMATIC SPEED ENFORCEMENT (ASE) In May 2017, Ontario's Highway Traffic Act was amended to introduce the use of ASE in municipalities to address speeding in school zones and community safety zones (less than 80km/h). These permanently mounted or mobile systems are expensive, however private companies exist who provide "turn -key" solutions for municipalities at minimal upfront investment and can receive a portion of the violation revenue. Revenue sharing agreements with vendors vary greatly depending on the volume of infractions issued. Before ASEs are implemented, several steps need to be taken, as follows: • Develop and implement a policy for the establishment criteria to determine which School Zones and Community Safety Zones are to receive an ASE. • Update School Zone and Community Safety Zone by-laws as required. • Set up an Administrative Monetary Penalty System (AMPS) Program as outlined by the Ministry of Transportation (MTO). • Enter into an agreement with the MTO and the Ministry of the Attorney General to access the plate registrant information. • Recruit and hire a local Provincial Offences Officer in accordance with the Province of Ontario guidelines and working under the direction of the County. • Recruit / appoint a screening officer (Hearing Officer). • Develop and implement a 90-day public awareness campaign prior to initiating an ASE. PLANK ROAD TRAFFIC SAFETY MEASURES As directed by Council, staff has reviewed Plank Road (CR 19) in the Village of Vienna between Edison Street and Oak Street to determine existing operating conditions and recommend options for traffic safety. A review of police reported collisions since 2013 did not yield any roadway collisions with exception of one deer collision and one parking maneuver collision. Traffic data was collected between May 15t" — 22nd 2024 where nearly 20,000 vehicles were counted representing an average daily volume of 2,850 vehicles that traveled at an average speed of 54km/h and an 85t" percentile speed of 62km/h. Operating speeds on County roads are typically 10 to 15km over the posted speed limit, and an 85t" percentile speed of 62km/h within a posted 50km/h zone is not unusual, however, some improvements can be considered by Council to reduce operating speeds. Firstly, a white parking zone edge line should be installed to define and narrow the southbound lane width as shown in the image below. Secondly, the existing 50km/h speed zone signs are spaced at their maximum 600 metre spacing per the Highway Traffic Act. Staff suggests additional signs be installed in this vicinity in both directions to remind motorists of the posted speed. And finally, as a pilot trial, "MAX 50km/h" roadway lane markings can be installed near Edison Street and Oak Street as a speed management tool. Page 45 of 64 Traffic data will be collected after these proposed improvements are installed and staff will report back to County Council at a future meeting with the findings. Financial Implications: The County will incur minor operating and maintenance costs to complete the roadway line markings and implement signage as contained in the operating budget for roads. Alignment with Strategic Priorities: Serving Elgin Growing Elgin Investing in Elgin ® Ensuring alignment of ❑ Planning for and ❑ Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, and resources, and need. agricultural growth. infrastructure to deliver programs and services ® Exploring different ways ❑ Fostering a healthy now and in the future. of addressing community environment. need. ® Delivering mandated ❑ Enhancing quality of programs and services ® Engaging with our place. efficiently and effectively. community and other stakeholders. Page 46 of 64 Local Municipal Partner Impact: County staff will work with local municipal staff to have the roadway markings and signage installed. The Municipality of Bayham will be requested to install the signage and at the County's expense. Communication Requirements: That a copy of this report be sent to the Municipality of Bayham. Conclusion: The Transportation Association of Canada's, Canadian Guide to Traffic Calming provides various measures referenced by Canadian municipalities to either calm traffic or manage speeds and identifies where they are appropriate, their benefits, implications, and potential effectiveness. A limited number of measures are appropriate and recommended for use on County roads within built up areas without negatively altering the road's intended function and triggering negative implications. Pavement markings, education and enforcement are three categories of speed reduction measures appropriate for deployment on County roads within built-up areas. Any of the measures discussed may provide some reduction in operating speeds, based upon available studies and local experience. However, short term behavioural changes may not be sustained without ongoing enforcement. Staff will continue to implement an urban design methodology during reconstruction projects to ensure a balance is maintained of lowering operating speeds while maintaining the road's primary function. Staff will work with the Municipality of Bayham to implement some paint marking and signage improvements on Plank Road within the Village of Vienna as discussed in this report and report back to Council at a future meeting discussing their effectiveness. All of which is Respectfully Submitted Peter Dutchak Director of Engineering Services Approved for Submission Blaine Parkin Chief Administrative Officer/Clerk Page 47 of 64 ElginCounty Report to County Council From: Katherine Thompson, Manager of Administrative Services/Deputy Clerk Date: May 31, 2024 Subject: Municipal Flag Protocol and Proclamation Policy Recommendation(s): THAT the report titled "Municipal Flag Protocol and Proclamation Policy" from the Manager of Administrative Services/Deputy Clerk dated May 31, 2024 be received and filed; and, THAT Council replace the Community Flag Raising and Flag Protocol Policy (1.3) with the revised Municipal Flag Protocol and Proclamation Policy (1.3). Introduction: In 2019, County Council approved the Community Flag Raising and Flag Protocol Policy (1.3) to govern the half-masting of flags at County facilities and the raising of flags on the community flagpole in front of the Elgin County Heritage Centre. After nearly five (5) years, this policy has undergone a review and staff are recommending that it be replaced with a revised policy that also includes procedures and processes for proclamations and lighting the County of Elgin Administration Building. Background and Discussion: The Administrative Services Department is currently undertaking a review of existing policies for accuracy, clarity, and functionality. The current Community Flag Raising and Flag Protocol Policy (1.3) is referenced frequently by Administrative Services staff. There are several areas of the policy that require clarity and increased detail. Additionally, the increase in requests for proclamations and the ability to light the County Administration Building with colourful LED technology has presented the opportunity to make the policy more robust. Much of the content of the original policy has transferred to the revised policy and changes/new additions are indicated below: The Policy Applies to all County Facilities Page 48 of 64 Flag protocols, particularly those relating to half-masting, refer to flags at all County facilities. This is now made clear in the policy. Approval Authority The existing policy is somewhat unclear as to whether the Warden has sole discretion to approve flag raisings or if this needs to be done by Council as a whole. The revised policy recommends that the Warden remain the authority for approving half- masting as this is often a time sensitive activity. The revised policy places authority for approving flag raising requests on Council as a whole. Organizations and groups are required to provide their requests four (4) weeks in advance of the proposed raising/proclamation which gives ample opportunity to take requests to Council. Procedures and Processes for Proclamation Requests The County of Elgin has been receiving a larger volume of requests for proclamations in recent months. There currently is no policy that governs the issuing of proclamations. Because proclamations are often (but not always) accompanied by a request for a flag raising, staff thought it appropriate that these two types of requests be covered in the same policy. Lighting of the Elgin County Administration Building Renovations to the County of Elgin Administration building facade, as part of the elevator installation project, included the installation of new LED lighting technology. This technology now gives the County of Elgin the ability to light the front of the building in various colours to mark various occasions. As part of the revised policy, organizations or groups who have been approved for a flag raising and or a proclamation may also request the building be lit up in conjunction with their cause as well. Standardized Application Form The Municipal Flag Protocol and Proclamation Policy now includes a standardized application form that organizations or groups wishing to request flag raisings, proclamations, and lighting must fill out to be considered. This will provide a standardized format for staff and Council to review when considering approvals. Flag raisings and proclamations for Elder Abuse Awareness Day, Pride Week in Elgin County, and Child Cancer Awareness Month have already been approved by Council for 2024 and will not be required to fill out a new request this year. Both the existing policy (Community Flag Raising and Flag Protocol Policy (1.3) and the proposed policy (Municipal Flag Protocol and Proclamation Policy (1.3) are attached to this report as Appendix A and B. Page 49 of 64 Financial Implications: None. Alignment with Strategic Priorities: Serving Elgin Growing Elgin Investing in Elgin ® Ensuring alignment of ❑ Planning for and ® Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, and resources, and need. agricultural growth. infrastructure to deliver programs and services ❑ Exploring different ways ❑ Fostering a healthy now and in the future. of addressing community environment. need. ❑ Delivering mandated ❑ Enhancing quality of programs and services ❑ Engaging with our place. efficiently and effectively. community and other stakeholders. Local Municipal Partner Impact: 1"M Communication Requirements: If approved by Council, the Municipal Flag Protocol and Proclamation Policy (1.3) will be circulated to those groups who have requested flag raisings and proclamations in the past. The policy will also be posted on the County of Elgin website. Conclusion: The revised Municipal Flag Protocol and Proclamation Policy (1.3) will provide enhanced clarity and direction regarding the procedures and processes associated with half-masting and raising of flags, issuing proclamations, and lighting the County of Elgin Administration Building. All of which is Respectfully Submitted Katherine Thompson Manager of Administrative Services/Deputy Clerk Approved for Submission Blaine Parkin Chief Administrative Officer/Clerk Page 50 of 64 ADMINISTRATION POLICY MANUAL Community Flag Raising and Flag Protocol Policy Elgin County Administration Building Policy Name: Community Flag Raising and Flag Protocol Policy Date Adopted: July 9, 2019 Last Review: Previous Policy "Flag Half-Masting Protocol Policy" - October 2, 2015 1. Purpose To provide a protocol by which flags are flown at the County Administration Building. 2. Scope This policy relates to half-masting, and; displaying flags/flag raisings. 3. Procedure Flying a flag at half-mast shall mean the action of flying all flags, forming a single display of flags, at a position that is equal distance from the top and bottom of a flagpole, to mark periods of mourning or to commemorate solemn occasions. Half-masting (3 days duration), upon notice of the death of an individual noted in this section, municipal facilities staff shall, at the direction of the Warden, be immediately notified to take action to lower the Canadian flag at the County Administration Building. Flags shall only be lowered on the business days that the County Administration Building is open. A flag may be removed, for a period of time, due to inclement weather. Flags are flown at the half-mast position as a sign of respect and condolence or to commemorate significant dates. The flags flown at the County Building are flown at half-mast through this specific application on the death of: • the current Warden or a Member of County Council • a current County of Elgin employee; and • a former Warden or a Member of County Council • a current resident of Elgin County killed in the line of duty for the Canadian Armed Forces Page 51 of 64 ADMINISTRATION POLICY MANUAL In accordance with protocol, flags will also be flown at half-mast: • On the death of the Sovereign or members of the immediate Royal Family, the Governor General, the Prime Minister, a former governor general or a former prime minister. • On the death of the Lieutenant Governor of Ontario or the Premier of Ontario., and • On the death of the local Member of Parliament or local Member of Provincial Parliament. • The commemoration of other periods of official mourning and solemn occasions, in keeping with the principles of this Policy, may be approved by the Warden. County Council will be advised of the circumstances surrounding the other solemn occasion. In the event that the Warden is not available, the Deputy Warden shall have the delegated authority to decide on circumstances not identified within this policy. Flags will also be flown at half-mast, in recognition of the following dates: • April 28: Day of Mourning (to commemorate workers killed or injured on the job) • Last Sunday in September: National Peace Keepers and Police Officers' Memorial Day • November 11: Remembrance Day • December 6: National Day of Remembrance and Action on Violence Against Women 4. Process for Half-Masting Once approved by the Warden, the Chief Administrative Officer/Clerk will be responsible for notifying the appropriate staff, including facilities staff, regarding the half-masting of flags with respect to the reason and the duration that the flag will be flown at half-mast. The Chief Administrative Officer/Clerk will maintain an inventory of all flags flown at the County Administration Building. 5. Displaying Flags/Flag Raising Elgin County Council reserves the right to determine which flags will be displayed at the County Administration Building and will strive to accommodate and provide opportunities for community groups to display their flags. Page 52 of 64 ADMINISTRATION POLICY MANUAL The following flags shall be permitted to be flown at the Elgin County Heritage Centre at 460 Sunset Drive, St. Thomas, including the- 1 . National Flag of Canada, or the flag approved by the Parliament of Canada as a national symbol of Canada. 2. Provincial Flag of Ontario, or the flag approved by the Legislative Assembly of Ontario as a provincial symbol of Ontario. 3. County of Elgin Flag, or the flag adopted by Council of the County of Elgin as a symbol of the municipality. The County of Elgin Flag will be flown at such times as there is no flag of an approved charitable or non-profit organization to be flown, or at such times as the half-masting is in order; and 4. Flag of a charitable or non-profit organization to help increase public awareness of their programs and activities; an organization that has achieved national or international distinction or made a significant contribution to the community, or an organization that has helped to enhance the County of Elgin in a positive manner. Requests for displaying flags and flag raisings may be approved for - Non -profit or charitable organizations; Recognition of an important visit to the Warden and Members of Council; Public Awareness Campaigns Requests will not be approved: • For political parties or political organizations; • For religious organizations or the celebration of religious events; • If the intent is contrary to Municipal policies or by-laws; • If the intent is to defame the integrity of Council; and • If the event or organization has no direct relationship to the County of Elgin. 6. Process of Displaying Flags/Flag Raisings Requests to use the County of Elgin flag pole must be submitted in writing to the Chief Administrative Officer/Clerk, Corporation of the County of Elgin, 450 Sunset Drive, St. Thomas, ON., at least 4 (four) weeks prior to the day requesting the flag to be displayed. Written request must include the following information: • Organization name, address, contact, title, email address, telephone and fax number; • Proposed date and time; Page 53 of 64 ADMINISTRATION POLICY MANUAL Identify whether request is for displaying a flag and/or a flag raising; and Type of flag to be raised. 7. General Rules • Approvals and use of the Elgin County flag pole will be granted by the Warden on a first come first served basis; • An organization's flag shall be flown no more than once per calendar year; organizations shall be required to submit flag raising requests on an annual basis; • A flag shall be flown for a period of up to one week, or for the duration of the associated event, whichever is less; and, • Flags shall only be raised and lowered on those business days that the County of Elgin is open. • The maximum number of community flags to be flown at any one time will be one (1). • The National Flag of Canada and the Provincial Flag of Ontario must be flown at all times. • Individuals, groups or associations approved for flag raisings are required to provide the flag to be raised and must pick up the flag once it is removed. • The County of Elgin reserves the right to choose which flags may or may not be flown at the County Administration Building. 8. Conflicts Conflicts with the dates requested for flags to be flown by two or more organizations on the Elgin County Flag Pole shall be settled in favour of the organization which first made its request; In the event there is a dispute between an organization and the Chief Administrative Officer/Clerk as to the eligibility of a request, the appeal process shall be that County Council as a whole considers the request, having full and final say as to whether or not the request to fly a flag will be granted. Page 54 of 64 County of Elgin Policy Manual Subject: Municipal Flag Protocol and Proclamation Policy Policy Number: 1.3 Date Approved: Date Last Revision: Community Flag Raising and Flag Protocol Policy - July 9, 2019 1. Purpose To provide a standard protocol by which flags are flown and half -masted at all Elgin County owned facilities, and to establish a standard for how proclamation requests received by the County of Elgin are processed and issued. 2. Scope This policy relates to half-masting of flags, displaying flags/flag raising ceremonies at the Elgin County Heritage Centre, the Elgin County Administration Building, the Elgin County Provincial Offences Court, and Elgin County's Long -Term Care Homes (Terrace Lodge, Elgin Manor, Bobier Villa). This policy also relates to proclamation requests and lighting of the Elgin County Administration Building (450 Sunset Drive). 3. General Rules The National Flag of Canada, the Provincial Flag of Ontario, and the County of Elgin Flag must be flown at all times at the Elgin County Administration Building, the Elgin County Provincial Offences Court, and Elgin County's Long -Term Care Homes. Flags shall only be raised and lowered on those business days that the County of Elgin is open. Flags raised or half -masted to commemorate awareness days or mark solemn occasions that fall on a Saturday or Sunday, will be raised on the Friday preceding and lowered on the first business day directly following that the County is open for business. 4. Procedure for Half-Masting The Canadian Flag will be lowered to half-mast to recognize a period of official Page 55 of 64 County of Elgin Policy Manual mourning or to commemorate solemn occasions and significant dates. Flying a flag at half-mast shall mean the action of flying all flags, forming a single display of flags, at a position that is equal distance from the top and bottom of a flagpole, to mark periods of mourning or to commemorate solemn occasions. Upon notice of the death of an individual noted in this section, municipal facilities staff shall, at the direction of the Warden, be immediately notified to take action to lower the Canadian flag at all County facilities. Flags shall only be lowered on the business days that the County Administration Building is open. A flag may be removed, for a period of time, due to inclement weather. Flags will be flown at half-mast from the time of notification of passing to sunset on the day of the funeral for the following individuals: • the current Warden or a Member of County Council; • a current County of Elgin employee; • a former Warden or a Member of County Council; • a current resident of Elgin County killed in the line of duty for the Canadian Armed Forces; • on the death of the Sovereign or members of the immediate Royal Family, the Governor General, the Prime Minister, a former Governor General or a former Prime Minister; • on the death of the Lieutenant Governor of Ontario or the Premier of Ontario; • on the death of the local Member of Parliament or local Member of Provincial Parliament; and • the commemoration of other periods of official mourning and solemn occasions, in keeping with the principles of this Policy, may be approved by the Warden. County Council will be advised of the circumstances surrounding the other solemn occasion. In the event that the Warden is not available, the Deputy Warden shall have the delegated authority to decide on circumstances not identified within this policy. Flags will also be flown at half-mast, in recognition of the following dates: • Last Sunday in September: National Peace Keepers and Police Officers' Memorial Day; • November 11: Remembrance Day; and • December 6: National Day of Remembrance and Action on Violence Against Women. Page 56 of 64 County of Elgin Policy Manual 5. Process for Half-Masting Once approved by the Warden, the Clerk or his or her designate will be responsible for notifying the appropriate staff, including facilities staff, regarding the half-masting of flags with respect to the reason and the duration that the flag will be flown at half- mast. 6. Procedure for Displaying Flags/Flag Raising Flags from organizations and groups will be displayed on the community flagpole at the Elgin County Heritage Centre. Elgin County Council reserves the right to determine which flags will be displayed at the Elgin County Heritage Centre and will strive to accommodate and provide opportunities for community groups to display their flags. Approvals and use of the Elgin County flagpole at the Heritage Centre will be granted by County Council on a first come first served basis. When possible, flag raisings will be scheduled to correspond with an Elgin County Council meeting. An organization's flag shall be flown no more than once per calendar year and organizations shall be required to submit flag raising requests on an annual basis. A flag shall be flown for a period of up to one week, or for the duration of the associated event, whichever is less. The maximum number of community flags to be flown at any one time will be one (1). The Clerk or his or her designate will maintain an inventory of all flags flown at the Elgin County Heritage Centre. The following flags shall be permitted to be flown at the Elgin County Heritage Centre at 460 Sunset Drive, St. Thomas, including the: 1. National Flag of Canada, or the flag approved by the Parliament of Canada as a national symbol of Canada. 2. Provincial Flag of Ontario, or the flag approved by the Legislative Assembly of Ontario as a provincial symbol of Ontario. Page 57 of 64 County of Elgin Policy Manual 3. County of Elgin Flag, or the flag adopted by Council of the County of Elgin as a symbol of the municipality. 4. Flag of a charitable or non-profit organization to help increase public awareness of their programs and activities; an organization that has achieved national or international distinction or made a significant contribution to the community, or an organization that has helped to enhance the County of Elgin in a positive manner. Flags will also be raised in recognition of: • April 28: National Day of Mourning (to commemorate workers killed or injured on the job); and • September 30: National Day for Truth and Reconciliation Requests for displaying flags and flag raisings may be approved for: • Non-profit or charitable organizations; • Recognition of an important visit to the Warden and Members of Council; and • Public Awareness Campaigns Requests will NOT be approved: • For organizations that are political or partisan in nature, including political parties or political organizations; • Matters of political controversy; • Individual convictions; • Organizations that promote hatred, violence, racism, or discrimination of any kind; • For flags of nations other than Canada. This may be reconsidered, at the Warden's discretion, in the event of a visiting dignitary. • For religious organizations or the celebration of religious events; • Celebrations, campaigns or events intended for fundraising or profit making purposes; • If the intent is contrary to Municipal policies or by-laws; • If the intent is to defame the integrity of Council; • If the event or organization has no direct relationship to the County of Elgin; and • Matters or organizations that have already received a flag raising within the same calendar year. Page 58 of 64 County of Elgin Policy Manual 7. Process of Displaying Flags/Flag Raisings Requests to use the County of Elgin flagpole must be submitted to the Clerk or his or her designate through the Flag Raising/Proclamation Request Form (Appendix A), at least 4 (four) weeks prior to the day requesting the flag to be displayed. The Clerk or his or her designate will ensure that the request for flag raising is eligible in accordance with the criteria in Section 6. Eligible requests will be added to the agenda of the next Regular Council Meeting for consideration by County Council. The Clerk or his or her designate will inform the group or organization of Council's decision and make appropriate arrangements for the flag raising. Individuals, groups, or associations approved for flag raisings are required to provide the flag to be raised and must pick up the flag once it is removed. 8. Proclamation Procedure Proclamations that demonstrate an interest in, or relationship with the County of Elgin, and that demonstrate respect and tolerance for the residents of the County may be issued, at the discretion of County Council, to bring awareness to the programs and activities of not -for -profit or charitable organizations. Proclamation requests from organizations that have achieved national or international distinction, made a significant contribution to the community, or have helped to enhance the County of Elgin in a positive manner will be considered. Organizations, or groups wishing to have Elgin County Council issue a proclamation may provide a written proclamation to be read by the Elgin County Warden. This written proclamation will be subject to approval by the Clerk and the Warden. Organizations or groups that do not provide written proclamation will have the proclamation issued in the form of a Council Resolution. Proclamations accompanying a flag raising request will be read immediately prior to the flag raising. Proclamations that do not accompany a flag raising request will be read during a Page 59 of 64 County of Elgin Policy Manual regular Council Meeting that falls during the period requested. Proclamations read during a Regular Council Meeting will be issued directly after the meeting is called to order. Requests for Proclamations may be approved for: • Non-profit or charitable organizations; • Recognition of an important visit to the Warden and Members of Council; and • Public Awareness Campaigns. Requests will NOT be approved: • For organizations that are political or partisan in nature, including political parties or political organizations; • Matters of political controversy; • Individual convictions; • Organizations that promote hatred, violence, racism, or discrimination of any kind; • For religious organizations or the celebration of religious events; • Celebrations, campaigns or events intended for fundraising or profit making purposes; • If the intent is contrary to Municipal policies or by-laws; • If the intent is to defame the integrity of Council; • If the event or organization has no direct relationship to the County of Elgin; and • Matters or organizations that have already received a proclamation within the same calendar year. 9. Process for Proclamation Requests for Proclamations must be submitted to the Clerk or his or her designate through the Flag Raising/Proclamation Request Form (Appendix A), at least 4 (four) weeks prior to the day requesting the proclamation be issued. The Clerk or his or her designate will ensure that the request for proclamation is eligible in accordance with the criteria in Section 8. Eligible requests will be added to the agenda of the next Regular Council Meeting for consideration by County Council. Page 60 of 64 County of Elgin Policy Manual The Clerk or his or her designate will inform the group or organization of Council's decision and make appropriate arrangements for the proclamation. 10. Lighting of the Elgin County Administration Building The County of Elgin is able to light the facade of the Elgin County Administration Building with colourful LED technology. Only Organizations or groups who meet the criteria for a flag raising and/or proclamation are also eligible to request that the Administration Building be lit with a significant colour to enhance their awareness campaign. The Elgin County Administration Building will be lit for the duration of the requested flag raising and/or proclamation, not exceeding one week. The Elgin County Administration Building will be lit from sunset until midnight during the requested period. Colour requests are subject to availability. Organizations or groups wishing to light the Elgin County Administration Building in conjunction with a flag raising and/or proclamation must indicate the colour and timeframe on the Elgin County Flag Raising/Proclamation Form (Appendix A). The County of Elgin may also light the County of Elgin Administration Building to mark certain events/occasions including but not limited to: • Victoria Day • Canada Day • Remembrance Day • The Holiday Season (December 1-31) 11.Conflicts Conflicts with the dates requested for flags to be flown by two or more organizations on the Elgin County Heritage Centre flagpole shall be settled in favour of the organization which first made its request. In the event there is a dispute between an organization and the Clerk or his or her designate as to the eligibility of a request, the appeal process shall be that County Council as a whole will consider the request, having full and final say as to whether or not the request to fly a flag will be granted. Page 61 of 64 Municipal Flag Protocol and Proclamation Policy (1.3) Request Form Please complete this form and submit it to pm ...!L!I ....li:ml "I2,2]l...l.11 .... . Organization: This Organization is: ❑Charitable Organization ❑Not -for -profit Organization Event/Occasion: Purpose of Event/Occasion: Proposed Date for Flag Raising and/or Proclamation: (all flag raisings/proclamation dates are subject to availability in accordance with the Policy). Contact Name: Phone Number: Email Address: My organization is requesting (please check all that apply): ❑Flag Raising ❑Proclamation ❑Lighting the Elgin Administration Building If your organization has a written proclamation you wish to be read, please include a copy with this form. Page 62 of 64 Has your organization achieved national or international distinction, made a significant contribution to the community, or helped to enhance the County of Elgin in a positive manner? Please describe: Page 63 of 64 COUNTY OF ELGIN By -Law No. 24-22 "A BY-LAW TO CONFIRM PROCEEDINGS OF THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE COUNTY OF ELGIN AT THE JUNE 11, 2024 MEETING" WHEREAS, pursuant to Section 5.1 of the Municipal Act, 2001, S.O.2001, c.25, as amended, the powers of a municipality shall be exercised by its Council; AND WHEREAS pursuant to Section 5.3 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, the powers of every Council shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Municipal Council of the Corporation of the County of Elgin at this meeting be confirmed and adopted by by-law NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: THAT the actions of the Municipal Council of the Corporation of the County of Elgin, in respect of each recommendation contained in the reports and each motion and resolution passed and other action taken by the Municipal Council of the Corporation of the County of Elgin, at its meeting held on June 11, 2024 be hereby adopted and confirmed as if all such proceedings were expressly embodied in this by-law. 2. THAT the Warden and appropriate officials of the Corporation of the County of Elgin are hereby authorized and directed to do all things necessary to give effect to the actions of the Municipal Council of the Corporation of the County of Elgin referred to in the preceding section hereof. 3. THAT the Warden and the Chief Administrative Officer, or alternate, are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of the Corporation of the County of Elgin. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 11T" DAY OF JUNE, 2024. Blaine Parkin, Ed Ketchabaw, Chief Administrative Officer/Clerk. Warden. Page 64 of 64