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02b - January 28, 2025 County Council Post-Agenda PackageM"� Elgin County Council Regular Council Meeting Post -Meeting Agenda Tuesday, January 28, 2025, 10:00 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/ElginCounty Accessible formats available upon request. Pages 1. Call to Order 2. Adoption of Minutes 3 3. Disclosure of Pecuniary Interest and the General Nature Thereof 4. Presenting Petitions, Presentations and Delegations 4.1 Betsy McClure, Manager of Communications, Stewardship and Outreach 9 Kettle Creek Conservation Authority - Elgin Clean Water Program 2024 Annual Report 4.2 Karen Davies, President & Chief Executive Officer St. Thomas Elgin 28 General Hospital - Case for a New Facility 5. Committee of the Whole 6. Reports of Council, Outside Boards and Staff 6.1 Director of Engineering Services - King Bridge Replacement (Tender No. 46 2024-T29) — Contract Award 6.2 Director of Community and Cultural Services - Relocation of Aylmer 49 Library Branch to the East Elgin Community Complex 6.3 Manager of Administrative Services/Deputy Clerk - Pre -Budget 77 Consultation Feedback for 2025 Ontario Budget 6.4 Manager of Administrative Services/Deputy Clerk - Municipal 80 Accountability Act Consultation Feedback 6.5 Manager of Administrative Services/Deputy Clerk - Draft Procedural By- 84 Law 7. Council Correspondence 7.1 Items for Consideration 7.1.1 Resolution from the Municipality of Central Elgin Council RE: 125 Request for Financial Support - Hospice of Elgin 7.2 Items for Information (Consent Agenda) 7.2.1 Western Ontario Warden's Caucus Media Release - Mayor Amy 126 Martin elected as WOWC Chair for 2025, with photos 7.2.2 Email from James Crane RE: Tree Conservation 129 8. Other Business 8.1 Statements/Inquiries by Members 8.2 Notice of Motion 8.3 Matters of Urgency 9. Closed Meeting Items 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. 25-04 Joseph Street Speed Zone Amendment 130 12.2 By -Law No. 25-05 Confirmation 131 13. Adjournment Page 2 of 131 Elgin County Council Minutes January 14, 2025, 9:00 a.m. Council Chambers 450 Sunset Drive St. Thomas ON Members Present: Warden Grant Jones Deputy Warden Ed Ketchabaw Councillor Dominique Giguere Councillor Mark Widner Councillor Jack Couckuyt (virtual) Councillor Todd Noble Councillor Mike Hentz Councillor Richard Leatham Members Absent: Councillor Andrew Sloan Staff Present: Blaine Parkin, Chief Administrative Officer/Clerk (virtual) Nicholas Loeb, Director of Legal Services Michele Harris, Director of Homes and Seniors Services (virtual) Brian Masschaele, Director of Community & Cultural Services (virtual) Peter Dutchak, Director of Engineering Services Mat Vaughan, Director of Planning and Development Andrea Loughlean, Manager of Emergency Management & Elgin -Middlesex Regional Fire School (virtual) Katherine Thompson, Manager of Administrative Services/Deputy Clerk Jenna Fentie, Legislative Services Coordinator Stefanie Heide, Legislative Services Coordinator Call to Order The meeting was called to order at 9:00 a.m. with Warden Jones in the chair. 2. Adoption of Minutes Moved by: Councillor Leatham Seconded by: Councillor Hentz RESOLVED THAT the December 10, 2024 and December 12, 2024 open session minutes and the December 12, 2024 closed session minutes 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 Page 3 of 131 Moved by: Councillor Noble Seconded by: Deputy Warden Ketchabaw RESOLVED THAT we do now move into Committee of the Whole. Motion Carried. 6. Reports of Council, Outside Boards and Staff 6.1 Warden Jones - Warden's Activity Report (December 2024) Warden Jones presented the report detailing his activities for the month of December 2024. Moved by: Councillor Hentz Seconded by: Councillor Noble RESOLVED THAT the report titled "Warden's Activity Report (December 2024)" dated January 14, 2025 from Warden Jones be received and filed. Motion Carried. 6.2 Warden Jones - 2025 Council Committee Appointments Warden Jones presented the report seeking Council's approval for the Councillor appointments to Committees and Local Boards for 2025. Moved by: Councillor Hentz Seconded by: Councillor Noble RESOLVED THAT County Council approve the Council Committee and Local Board Appointments for 2025 as recommended by Warden Jones; and THAT Schedule F of By -Law No. 23-01 be repealed and replaced with Appendix 1 as attached to the January 14, 2025 report titled "2025 Council Committee Appointments". Motion Carried. 6.3 Director of Engineering Services - East Road Pedestrian Crossing Update The Director of Engineering Services presented the report seeking Council's approval to remove the stop sign on Joseph Street at East Road in the Village of Port Stanley in order to reinstate the three-way stop controlled intersection, and also seeks Council's approval to reduce the posted speed limit from 40km/hr to 30km/hr on Joseph Street. Moved by: Councillor Noble Seconded by: Councillor Giguere RESOLVED THAT the report titled "East Road Pedestrian Crossing Update" from the Director of Engineering Services dated January 14, 2025 be received and filed, and THAT the stop sign on Joseph Street at East Road be retained as a four- way stop; and THAT the posted speed limit be reduced from 40km/h to 30km/h on Joseph Street and that the necessary by-law be amended. Motion Carried. 7. Council Correspondence 7.1 Items for Consideration Page 4 of 131 7.1.1 Letter from the Municipality of Central Elgin requesting that the County of Elgin investigate speeding concerns on Centennial Road between Elm Street and Southdale Line. Moved by: Councillor Noble Seconded by: Councillor Hentz RESOLVED THAT the Director of Engineering Services work with Central Elgin staff to investigate speeding concerns along Centennial Road between Elm Street and Southdale Line and formulate a solution. Motion Carried. 7.1.2 Letter from Dutton & District Lions Non -Profit Housing Inc. requesting that a sidewalk be installed on Pioneer Line between Miller Road and Currie Road in Dutton. Moved by: Deputy Warden Ketchabaw Seconded by: Councillor Leatham RESOLVED THAT the Director of Engineering Services work with Dutton Dunwich staff to formulate a local solution to the request for sidewalks. Motion Carried. 7.1.3 Letter from Southwestern Public Health requesting a delegation to County Council at its January 28, 2025 meeting. Moved by: Councillor Noble Seconded by: Councillor Couckuyt RESOLVED THAT the request for delegation from Southwestern Public Health be received and filed. Motion Carried. 7.1.4 Letter from the Elgin Federation of Agriculture requesting that County Council maintain the Farm Class Tax rate at 0.23 percent. Moved by: Councillor Widner Seconded by: Councillor Leatham RESOLVED THAT Elgin County Council maintain the farm class tax ratio at 0.23 percent in 2025; and THAT the Warden send a letter to the Elgin Federation of Agriculture confirming this decision. Motion Carried. 7.1.5 Letter from the Middlesex and Elgin Federations of Agriculture requesting improved signage for agricultural equipment on County roads. Moved by: Councillor Widner Seconded by: Councillor Hentz RESOLVED THAT a meeting of the Rural Initiatives and Planning Advisory Committee be called to initiate discussions with the Elgin Federation of Agriculture regarding the issue of unsafe passing of agricultural equipment. Motion Carried. Page 5 of 131 7.2 Items for Information (Consent Agenda) Moved by: Councillor Noble Seconded by: Councillor Hentz RESOLVED THAT Correspondence Items #7.2.2 - 7.2.7 be received and filed. Motion Carried. 7.2.1 Letter from Hon. Paul Calandra, Minister of Municipal Affairs and Housing, introducing the proposed Municipal Accountability Act, 2024. Moved by: Councillor Giguere Seconded by: Councillor Couckuyt RESOLVED THAT staff be directed to collect Council's comments regarding the proposed Municipal Accountability Act, 2024, and to compile those and present to Council for consideration at the January 28, 2025 meeting. Motion Carried. 7.2.2 Letter from the Municipality of Central Elgin supporting the appointment of Carleen Green to the Elgin/Central Elgin Joint Accessibility Advisory Committee. 7.2.3 Letter from Hon. Paul Calandra, Minister of Municipal Affairs and Housing, regarding the Encampment Response Initiative and Last Mile Funding. 7.2.4 Resolution from the Town of Cobalt requesting that the Province of Ontario resume the assessment cycle. 7.2.5 Invitation from the County of Middlesex to attend the Official Plan Public Meeting on Tuesday, January 14, 2025. 7.2.6 Western Ontario Wardens' Caucus December 2024 Newsletter. 8. Other Business 8.1 Statements/Inquiries by Members 8.1.1 Deputy Warden Ketchabaw - Pre - Budget Consultation with Minister of Finance Deputy Warden Ketchabaw advised that the Minister of Finance will be holding a pre -budget consultation roundtable in St. Thomas on January 28, 2025, and suggested that Council may wish to submit comments similar to Council's submission in 2023, regarding infrastructure funding, returning the assessment roll, and HST reform at the provincial level. Council consented to adding this item to the January 24, 2025 agenda of the Growth Planning Steering Committee for further discussion. 8.2 Notice of Motion None. 8.3 Matters of Urgency None. 9. Closed Meeting Items 9.1 Closed Meeting Minutes - December 12, 2024 10. Motion to Rise and Report Page 6 of 131 11. Motion to Adopt Recommendations from the Committee of the Whole Moved by: Councillor Giguere Seconded by: Councillor Noble 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. 25-01 Committee By -Law Amendment BEING a By -Law to Amend By -Law No. 23-01 Being a By -Law to Define the Mandate and Meeting Procedures for Committees Established by the Corporation of the County of Elgin and to Repeal By -Law No. 24-01. Moved by: Councillor Leatham Seconded by: Councillor Hentz RESOLVED THAT By -Law No. 25-01 be now read a first, second, and third time and finally passed. Motion Carried. 12.2 By -Law No. 25-02 Operation of the Elgin County Museum BEING a By -Law to Provide for the Operation of the Elgin County Museum and to Repeal By -Law No. 21-38. Moved by: Councillor Hentz Seconded by: Councillor Giguere RESOLVED THAT By -Law No. 25-02 be now read a first, second, and third time and finally passed. Motion Carried. 12.3 By -Law No. 25-03 Confirmation BEING a By -Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the January 14, 2025 Meeting. Moved by: Councillor Noble Seconded by: Councillor Couckuyt RESOLVED THAT By -Law No. 25-03 be now read a first, second, and third time and finally passed. Motion Carried. 13. Adjournment Moved by: Councillor Widner Seconded by: Councillor Couckuyt RESOLVED THAT we do now adjourn at 9:56 a.m. to meet again on January 28, 2025 at 10:00 a.m. Motion Carried. 5 Page 7 of 131 Blaine Parkin, Grant Jones, Chief Administrative Officer/Clerk. Warden. Page 8 of 131 ""I E,' A 1-0 A, E LR L EA rrrrrri ANNUAL REPORT ELGN C'LEAI'/"",, WAFE R, We, Page 9 of 131 PROGRAM BACKGROUND The Elgin Clean Water Program (ECWP) was initiated in 2012 as a collaboration between the four conservation authorities (CAs) within Elgin County: Catfish Creek CA, Kettle Creek CA, Long Point Region CA and Lower Thames Valley CA. The ECWP provides the necessary technical expertise and financial incentives for landowners that are interested in implementing environmental projects. A Review Committee oversees the program and reviews and approves projects. The Review Committee is comprised of representatives from Elgin County, the Elgin Soil and Crop Improvement Association, the Elgin Federation of Agriculture and an Elgin County landowner. The following project categories are funded by the Elgin Clean Water Program: • Well Management 0 Wetland/Riparian Protection/Restoration • Erosion Control Structures 0 Livestock Management • Clean Water Diversion 0 Other Projects In addition, a Cover Crop Incentive Program was established in 2017 which provides an incentive for farmers to plant cover crops on their farm in an effort to provide erosion control on agricultural fields over the winter months. PROGRAM SUCCESS To date, 340 projects have been completed across Elgin County since the program began in 2012. Total project costs have exceeded $3,925,000. The ECWP has contributed $933,645 in grants to landowners to undertake projects. CA staff have assisted landowners in leveraging the ECWP funding to obtain $1,881,444 in matching funds and landowners have contributed $1,110,332 of their own funds, labour and equipment. MUNICIPALITY OF CHATHAM / KENT CITY OF LONDON aoz «� OfU 60 a 0 C1 0 �lDi F'p «�« COUNTY OF HOMAS OIID NI✓ (�j �T T�f IGPr�/> MIDDLESEX U1, «Ifr «1f1- 41i (off // Jf 01J SOU HWOLD 1711/r>OU� «�fG D1111 «IIP «OdfiX E N Tf,�AL E L G N «IJO Ii � rr (Il9 /c �111' �(I(!1 /OI 1OG �l(p '0r /� 1�T W«IlF F«0 �Oi «lUT/ll 'BOG 0 0 0 Ti it F aoz %Ol fllfp >i of, DUTTON / DUNWpgH tlpir �JO% �0� IOIr OUii (9 frl 00 WEST ELGIN 011�� tlD1A \\, �1]</�@�prL�� Of !11/!1/l/! !/ Nf' �H a @5 Ti - �pe11JIV raf aJf «laz fn COUNTY OF OXFORD C Legend 0 Completed Projects (2012-2024) Page 10 of 131 2024. PROGRAM U m R In 2024, 22 projects were completed, totalling $72,086.09 in Elgin Clean Water Program grants. The breakdown of completed projects was as follows: • 5 Erosion Control • 11 Wetland Creation • 2 Other (Tallgrass Prairie) • 4 Cover Crop PROJECT 1 IGHLEIGHT W et Il r ii ti d C ii U r � rVi o r"t Wetland creation projects continue to be the most funded project category in 2024 with 11 projects completed. Wetland creation is important to Elgin County as less than 30 percent of the original wetlands remain in southern Ontario. Wetlands slow and store agricultural runoff, reduce flooding and soil erosion, improve water quality and enhance wildlife habitat. Page 11 of 131 li I L U G S iie V o r"t This Central Elgin landowner had two fields totalling 11 acres that were difficult to farm. The agricultural lands were retired and a restoration plan was developed. ECWP supported the construction of two wetland cells and the planting of 3.5 acres into tallgrass prairie. The remaining acres were planted with 5,350 trees and shrubs. �C) I 11"� Irc' II Significant gully erosion was occurring in two locations, impacting the agricultural land on this Bayham Township property. CA staff designed a solution which included the construction of berms with a drop pipe structure and overflow spillways. Ia lltlo!°„°r Ilo!IIrIIU' 1 °,a"i 11 YfOU'll°,rt Five acres of tallgrass prairie was established along the Lake Erie shoreline in Dutton Dunwich to restore habitat for shoreline species and enhance biodiversity. A mix of over 15 species of native grasses and wildflowers was planted including Virginia Mountain Mint, Black-eyed Susan, Butterfly Milkweed, Wild Bergamot, Big and Little Bluestem, and Hairy Beardtongue. Page 12 of 131 2024. PROGRAM SPONSORS Thank you to Elgin County and the Green Lane Community Trust Fund for funding the Elgin Clean Water Program. GREEN LANE COM MUNITY TRUST Su�p(jport provided by _J� TORONTO PROGRAM PROMOTION CA staff continue to actively promote the Elgin Clean Water Program to raise awareness of the funding available, recruit new participants and demonstrate impact. Promotion is accomplished by attending local farming organization events, advertisements placed in local papers, through social media content and showcasing projects on tours. 2024. LAN DOWN EIRTIST"I MON I m IL "ECWP funding is extremely important, without funding this project would not have happened." • "CA staff looked after everything. I really appreciated how we were included in the decision making of the project from the tree planting to wetland placement!" "1 was completely satisfied with the program and any/all interactions with the associated staff." • "I would like to take this opportunity to express my gratitude to the Elgin Clean Water Program. Through the Cover Crop Incentive Program I have been able to protect my fields that are most at risk am certain that without this funding many growers would not be planting the cover crops that they do." I * liriffiatE)d iiri 1 Ibyfl"IE) fouir IE�19iiri C011"ISE)irvatbiri Aut['ioirffiE)S * O�PENII to �Fairim airid Noiri fairim L-airidOW11"IE)irs �iri E�19�iri Couirity God is to iimpirOVE) watE)ir quahty airid irE)StOirE) wddIffE) 1,-iabtat aciross E�19�iri Couirity * Airviriudl Pirogiraim Fuiri&rig �pirov�dE)d �by E�19�iri Couirity airid fl"IE) GirE)E)II"I II...,all"IE)Coimit uii,'iity'll"irust IFuirid Page 15 of 131 �� Ilumom mum mmo� �� Iluumm u r sIII n m Ore l II r III R s tit hiri III..JvestcIII. Managennerit WeIdHhead Managennerit O-Hher Projects Cover, CroI .) III ric iri i ve Program 340 Pirolec,ts Corn 1p11e lied $3r925rA1,211 rotc,�� Pirolect Costs Page 17 of 131 $933r64.5 in IF..0 WP Funding PROJECTS ACROSS THE 2024 HIGHLIGHTS Rim"ecits CairnI IIIII III II Erosion 'in..hreIII II ,II t] 4 ins 4 � ire t iu o ins * 20..t,Ih (.. 4 III III r ss IRriii iris . ' it ; iro P Page 20 of 131 WETLAND CREA TION EROSION CONTROL Page 23 of 131 TALLGRASS PRAIRIE ESTABLISHMENT Page 24 of 131 uu IIIIIII�VIII mmoi IIIIIII�VVI �II� IIIIIIIIIIIII IIIIIIIIIIIII uu umuu uu umuu uuuuuui �� LANDOWNER TESTIMONIALS "ECVVP fundhig i1s extrernely i1rnportant, without fundhiq thi1s project would not IIIave happened." "CA staff loolked after everythhng. I really appredated III ow we were hicluded hn the dedsbn irinaIII ing of the project flimo rn the tree Iplanfing tt l ain Iplacernent!" 'I WoUld h1ke to taIII e thi1s opportunlity to express iriny grafitude to the ECVVP. I hrough the Cover Crop I in c nrfi° IProglime rn II IIIave been able t Iprotect inrly fields that are irinost at idsIli .. II arn certahl that wfithout thi1s f u in i1 i irinany growers would not Ibe planfing the cover crops that they do."' Page 26 of 131 C WAFER be,t-sy@ ec III ree III e IIIrva,ti III . III . ca 5 19.......65 1270 x229 Page 27 of 131 St."I"TIOrras IE II li ri iw Gen ire � H sA(,-'d St. Thomas Elgin General Hospital Case for a New Facility Supporting the growth, health and future of Elgin County. Page 28 of 131 illillit Silillitall"Ite m.. Page 30 of 131 ORN By the Numbers • Over 1,300 staff, physicians, and volunteers • 179 beds "medium -size" hospital • 831 births; 9,850 surgeries;1,939,216 lab tests;19,467 outpatient/clinic visits; 59,718 emergency visits (FY23-24) • Serve over 94,000 residents in St. Thomas -Elgin • 40.9% of residents visited the emergency department in the past two years (Ontario average 31.1%) • 10% of emergency visits come from London Page 31 of 131 • Medium-sized communities face unique challenges from an aging population and rising chronic disease rates, often surpassing those in rural areas. While some regions grow, ours is rapidly aging, increasing the demand for healthcare services. • Our communities also have disproportionately high levels of primary care unattachment & access to home and community care, mental health and addictions. Hospitals play a substitution role in the absence of these services • Capital Equipment Needs -community fundraisir deficit Page 32 of 131 Growing and Aging Population • 6.8% population growth from 2016 to 2021 (above Ontario average) • Projected population: 79,500 by 2051, with 20.4% aged 65+ • Chronic illness and multi -morbidity are steadily rising, with 3.1 M Ontarians living with major illnesses by 2040 • Increased violence, addiction and homelessness Emergency and Mental Health Demand • Over 57,000 ED visits expected this year (equal to UH and exceeding Urgent Care at St. Joe's) • 550 substance -related ED visits in 2023-2024, up 20.4% from the previous year • Mental health outpatient visits have increased 50% since 2019 Page 34 of 131 i� t Page 36 of 131 Challenges • $42.5M in deferred maintenance for the Main Building and $15.7M for the South Building over 25 years • Parking shortage! 75 staff currently park off -site. • Inadequate patient accommodation (infection control, accessibility, safety, privacy, comfort) • Temperature regulation issues in Main Building increase discomfort and energy costs • Maxed-out site with no room for expansion, despite growing volumes and increased needs Page 37 of 131 If built to today's hospital standards... • Neonatal Intensive Care Unit (NICU) would be 93% larger • Emergency Department would be 42% larger and have 15 more patient rooms • Acute inpatient would be 72% larger • Pharmacy would be 61% larger • Continuing Care Centre would be 138% larger IIII2033, we iiiri 3 9°6 iirn lire sqU&re foo t III)2053, 1 91 Page 38 of 131 IIIIVVI IIIIIIIIII uuui uuuui IIIIIIIIIIII i uuuuuu uuui uuuui uuuu� pu IIIIIIIIII uuuuuu Page 39 of 131 Our Role as a Regional Leader Page 41 of 131 A Hub for Healthcare in Elgin County • Principal healthcare provider for all of Elgin County • Support other regional hospitals with obstetrics an emergency care • Ranked #1 in Ontario for length -of -stay efficiency, operating with fewer beds Page 42 of 131 while Our culture is exceptional. Staff expertise, dedication, and adaptability enable us to uphold the highest standards of care. Page 43 of 131 ElginCounty Report to County Council From: Peter Dutchak, Director of Engineering Services Mike Hoogstra, Manager of Procurement & Risk Date: January 28, 2025 Subject: King Bridge Replacement (Tender No. 2024-T29) — Contract Award Recommendation(s): THAT Gary D. Robinson Contracting be selected to complete the King Bridge Replacement Project, Tender No. 2024-T29 at a total price of $1,578,446, inclusive of a $75,000 contingency allowance and exclusive of H.S.T.; and, THAT the Warden and Chief Administrative Officer be directed and authorized to sign the contract. Introduction: As part of the 2024 and 2025 Capital Budget, a tender was advertised and issued as per the County's Procurement Policy for the Replacement of the King Bridge, located on Ron McNeil Line (CR52) in the Township of Malahide. Background and Discussion: King Bridge (Structure B38) is a single span, 14m long concrete rigid frame structure located on Ron McNeil Line (County Road 52), approximately 2.9km west of Imperial Road (County Road 73). The bridge deck has an overall structure width of ±8.8m and a roadway width of 7.9m. The deck is a reinforced concrete deck with an asphalt wearing surface. King Bridge was originally constructed circa 1947. The current structure is nearing the end of its useful life and requires replacement. G. Douglas Vallee Limited was contracted by the County through RFP 2024-P05 to provide complete design, engineering and inspection services for this project. A total of twenty-three (23) contractors downloaded tender documents for this project from the County's bidding system II; iiN^ d ii pN p ,. Eight (8) contractors submitted electronic bids for this tender which closed on December 18, 2024. Bids were received as follows: Page 46 of 131 Company Bid Price' (exclusive of HST) Gary D. Robinson Contracting Limited $1,578,446.00 McLean Taylor Construction Limited $1,614,049.63 Looby Builders (Dublin) Limited $2,196,122.25 J-AAR Civil Infrastructures Limited $2,215,421.00 KB Civil Constructors Inc. $2,254,998.01 Facca Incorporated $2,368,730.00 Lancoa Contracting Inc. $2,390,603.00 HugoMB Contracting Inc. $2,699,002.02 ' Inclusive of a $75,000 contingency allowance. Gary D. Robinson Contracting Limited submitted the lowest compliant bid for the project at a total price of $1,578,446.00 exclusive of HST. Financial Implications: The following summary of projected estimated costs is provided for review and will be confirmed throughout the project: Bridge Replacement Tender Value Consulting (Design, Engineering & Inspection) Net HST (1.76%) Total Project Costs' 2024 Capital Budget Allocation 2025 Capital Budget Allocation (Proposed) Forecast Budget Surplus/(Deficit) ' Inclusive of a $75,000 contingency allowance. Alignment with Strategic Priorities: $1,578,446.00 $ 94,616.00 $ 29,446.00 $1,702,508.00 $1,530,000.00 $ 200,000.00 $ 27,492.00 Page 47 of 131 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: Project schedule details will be shared with the Township of Malahide and the Municipality of Central Elgin. Communication Requirements: Standard project notifications will be issued in advance of the project as well as posting on the Municipal 511 platform. The project will require that Ron McNeil Line be closed for approximately ten (10) weeks (tentatively scheduled between July 15 — September 26). A signed detour route will be established using Imperial Road, Lyons Line and Belmont Road. Conclusion: A tender was issued and bids received for the King Bridge Replacement project on Ron McNeil Line (CR52) just east of Dorchester Road in the Township of Malahide. Work on this project is expected to commence in May with completion anticipated to be achieved by September 26, 2025. As per the County of Elgin's Purchasing Policy, if change orders are required and the cost increases above the tender amount approved by Council by less than 10%, and the amount is within the overall budgeted project amount, work will proceed upon authorization by the Director. However, if the cost increases above the tender amount approved by Council by more than 10%, the Director will prepare a further report to Council outlining the expenditures. All of which is Respectfully Submitted Peter Dutchak Director of Engineering Services Approved for Submission Blaine Parkin Chief Administrative Officer/Clerk Page 48 of 131 ElginCounty Report to County Council From: Brian Masschaele, Director of Community and Cultural Services Date: January 28, 2025 Subject: Relocation of Aylmer Library Branch to the East Elgin Community Complex Recommendation(s): THAT Elgin County Council endorses in principle the relocation of the Aylmer branch of the Elgin County Library to the East Elgin Community Complex; and, THAT Aylmer Town Council be requested to endorse in principle the relocation of the Aylmer branch of the Elgin County Library to the East Elgin Community Complex; and, THAT the Director of Community and Cultural Services report back to County Council regarding next steps in the process to accommodate the Aylmer branch of the Elgin County Library at the East Elgin Community Complex, including opportunities for public consultation; and, THAT Aylmer Town Council's request "to establish a committee to advance the matter of a Greater Aylmer area Library" be received and filed based on the information contained in the January 28, 2025 report titled "Relocation of Aylmer Library to the East Elgin Community Complex" from the Director of Community and Cultural Services; and, THAT copies of this report be circulated to the Councils of the Town of Aylmer and Township of Malahide. Introduction: Aylmer Town Council is requesting that Elgin County Council establish a committee to advance the matter of the Aylmer Library. Recently, the Board of Directors of the East Elgin Community Complex (EECC) also approved direction to approach Elgin County Council and County staff about a possible relocation of the Aylmer Library to the Complex. This report considers both requests and recommends that a consultation process begin with the EECC Board of Directors, the Town of Aylmer and library stakeholders for the potential relocation of the Aylmer branch of the Elgin County Library to the Complex. Page 49 of 131 Background and Discussion: County Council passed the following recommendation at the December 12, 2024 meeting in response to correspondence received from the Council of the Town of Aylmer as attached "to establish a committee to advance the matter of a Greater Aylmer area Library": Moved by. Councillor Couckuyt Seconded by. Deputy Warden Ketchabaw RESOLVED THAT Council direct the Director of Community and Cultural Services to bring forward a report regarding the Town of Aylmer's request to establish a committee to advance the matter of the Aylmer Library. Motion Carried. This report is in response to this staff direction. In the interim, the Board of Directors of the EECC has expressed interest in offering space at the Complex for the purposes of hosting the Aylmer branch of the Elgin County Library. Prior to considering both requests, it is important to re -affirm County Council's role as the sole governing authority for the Elgin County Library system and the options that County Council has available in terms of meeting space needs for the Aylmer branch. County Council's Role as Governing Authority for Elgin County Library The report from the Chief Administrative Officer of the Town of Aylmer dated November 1st, 2024 and his ensuing delegation to Elgin County Council on December 12t", 2024 repeatedly referenced the "Elgin County Public Library Board" as the governing authority for the Elgin County Library system. To clarify, such a board does not exist. The former board was dissolved through legislation proclaimed January 1, 1986 as attached. Also attached are the comments that formed the County's delegation on this matter at the time, the contents of which remain valid in terms of the utility and administrative challenges of a separate library board. For nearly forty years, the former board's authority has been vested with Elgin County Council under the terms of the Public Libraries Act (R.S.O. 1990, c. P.44) as then and now constituted. Any deliberate reference to the former board, and comments about ways that such a separately constituted board could be more effective in library governance as contained in the Town CAO's report, is beyond the Town's jurisdiction and only serves to confuse the model of governance that Elgin County Council has effectively established for nearly forty years. As the sole governing authority for the Elgin County Library system under the Public Libraries Act, County Council does have the ability to enter into agreements to directly own or lease facilities for library branch use subject to the following provisions in the Act as if it were a library board: Page 50 of 131 Operation of branch libraries by county library board 21 A county library board shall operate a branch library in each local municipality that operated a public library before that municipality became part of the county library system, unless the county council and the council of the municipality concerned agree otherwise. R.S.O. 1990, c. P.44, s. 21." Accommodation may be provided by local municipality 26 (2) The council of one or more participating municipalities may, at the request of the county library board, rent accommodation to the board and may issue municipal debentures for the cost of constructing a building for the board's purposes, but the ownership of the building shall remain with the municipality unless the board and the council of the municipality agree otherwise. R. S. O. 1990, c. P.44, s. 26 (2); 1996, c. 32, s.83(3). The full version of the Public Libraries Act is available 1� 7�ei,i �D. Aylmer Library was part of the County system when it was formally established through Elgin County By -Law No. 1898 (passed in 1965, see attached). As such, the County is obligated to operate a branch within the Town of Aylmer unless both councils agree otherwise. Furthermore, the Town of Aylmer would need to continue to own the building if the Aylmer branch remains at its current location unless both parties agree otherwise, even if the branch is expanded at that location. On the other hand, County Council does have authority to own or lease an alternate location for the branch as long as it is within the Town of Aylmer's boundaries. Potential accommodation of the Aylmer branch at EECC satisfies provisions of the Act because the Complex is formally located within the Town's boundaries. Nevertheless, it would be constructive for the County to seek the Town's endorsement on any relocation within its boundaries out of respect as a long-standing partner with the library system and given the revenue implications to the Town at the current Old Town Hall location. Staff are of the opinion that County Council should seek the Town of Aylmer's endorsement on any proposed relocation of the Aylmer branch to the Complex as soon as possible before proceeding any further. Should the Town endorse such a move, then the matter of forming a committee to advance the matter of the Aylmer Library where all options are being considered becomes secondary to exploring accommodation at the Complex as the primary solution. A committee and/or public consultation process could then be held but the focus would be on gaining feedback on the types of programs and services that could be delivered from a library located at the Complex. Clarifications to the Town of Aylmer CAO's Report Dated November 1, 2024 As the future of the Aylmer Library is being considered, it is necessary to clarify certain aspects of the Town of Aylmer CAO's report titled "County Collaboration — Library Services, Facilities & Funding" dated November 1, 2024 and ensuing delegation to County Council which took place at the December 12, 2024 meeting. This includes the following matters: Page 51 of 131 Identification of space needs for the Aylmer branch, and any branch in the County system, are driven by recommendations contained in...:'".....u.....:;,k..;';"...........:...:';".;""i......'�.;:.'..... a a �� '��;��......� �� ".�. produced by the ��n�n�� „°�.� ��... ��n��::" , war �� . Administrators of Rural and Urban Public Libraries of Ontario (ARUPLO), the organization representing most County library systems in Ontario. County Council received these Guidelines early in 2024 and subsequently received a comprehensive benchmarking analysis for all ten branches in the County system, including Aylmer, at the September 10, 2024 meeting. These Guidelines identify Aylmer as a large branch in the system for planning purposes. At no time have County staff referred to the Aylmer branch as the "Greater Aylmer area Library" or a "main library branch", and other branches as "small rural feeder library branches". Each branch plays a strategic role in the system and strives to have hours, services and staffing levels that are appropriate to the catchment area being served. This catchment area does not always conform to strict municipal boundaries. Aylmer is not the only branch with a catchment area that includes more than one local municipality. Port Stanley, for instance, serves both residents of Central Elgin and Southwold within its identified catchment area as a medium-sized branch according to the Guidelines. However, it is not considered a "greater area library" but, rather, a branch. Calling Aylmer Library a "main branch" is misinformed and is contrary to Elgin County Library's operating ethos of having ten locations that are administered on an equal footing as full branches. The report refers to a presentation made to Aylmer Town Council by the Aylmer Library Supervisor on September 18, 2024 which is available IThe Town CAO's synopsis of this presentation states that she referenced "a deficiency in hours of operation, and a deficiency in staffing levels." It goes on to state that she presented "the possible need to triple the number of staff supporting the branch". No such claims were made by the Supervisor during that presentation. Her comments were focused on the branch's solid statistical performance, impact of programs on the community and operating challenges being experienced strictly in the context of space needs. This is further supported by the presentation made by the Director of Community and Cultural Services on the ARUPLO Guidelines in which it was cited that Aylmer is operating within guidelines for both staffing levels and weekly hours of operation. The Director's report also stated that "the library's performance at the branch level against the most recent edition of the ARUPLO Guidelines can be considered solid with the exception of facilities which is the one guideline that the County does not control directly." Staffing levels may need to be adjusted should opportunities arise for expansion, but this is not an operating challenge at the present time and was not cited as such. The report contains multiple references to how County Council governs the library, calling for a committee to "examine whether Elgin County has a sufficient independent organizational structure established to support local libraries". These references continue with a belief that a formal library board could be more effective; and, further, that "an independent Chief Executive Offer could be much more effective in advancing a Greater Aylmer area Library". As previously stated, comments on County governance and administration are beyond the purview of the Town of Aylmer. It is unclear why such comments were included Page 52 of 131 in the scope of the Town CAO's report and ensuing delegation to County Council when the matter at hand for the Town strictly relates to the provision of sufficient space to accommodate the Aylmer branch (which is within the Town's jurisdiction). The report makes reference to a fundraising goal of $500,000 established sometime around 2021 towards library expansion, stating as follows: "There was an understanding that Elgin County would utilize their charitable registration and accept donations on behalf of the library branch. At the time of authoring this report, the Town has received no indication whether Elgin County holds any donated funds towards this project." County staff are not aware of this understanding, nor was there any formal direction to County staff to engage in these fundraising efforts utilizing the library's charitable status. It is highly unlikely that such an offer could be extended because funds donated to the County for library purposes generally need to go towards operating items (such as programs or library materials) and not for buildings given that the County does not own them. Previous Work to Design the Complex Preliminary design work has already been completed to accommodate the Aylmer branch at the Complex. Library staff were involved in the development of these plans in partnership with the complex in 2017. At that time, a range of options were being considered that ranged from approximately 6,000 square feet of space to just over 12,000 square feet. The amount of space the EECC Board wishes to consider for the purposes of housing the Aylmer branch under a revised proposal has yet to be formally considered. Staff are recommending that a branch in the vicinity of 10,000 square feet be considered to meet the minimum requirements for a large branch under the ARUPLO Guidelines while keeping the impact on future County budgets reasonable. Future expansion at the Complex could be considered in the medium to long-term as the community grows and to fully reflect space needs relative to the catchment area being served by the branch according to the Guidelines (which is approximately 16,000 residents). Opportunity for Community Consultation Elgin County Library staff can lead a user -engagement and public consultation process that will include stakeholders should County Council wish to move ahead with relocation of the branch to the Complex. How such a process will be constituted and how it will unfold can be the subject of a subsequent report on this matter. Those wishing to share their views on future accommodation for the Aylmer branch also have the opportunity (as always) to make a delegation to County Council. For Council's information, draft terms of reference were developed by the Town of Aylmer in 2017 to establish a committee to review concept drawings for the Complex. A similar committee could be convened and led by the County. Page 53 of 131 Financial Implications: The County has a lease with the Town of Aylmer for the current Old Town Hall location of the library, the current term of which expires at the end of 2027 and then renewable should both parties agree on a five-year basis. In 2025, this lease will pay to the Town of Aylmer $17.91 per square foot or an annual total of $55,181. The Town CAO's report states that "it is important to allow Elgin County the ability to terminate the lease without penalty if they are able to find an interim location that will better meet their needs". Aylmer Town Council would need to formally approve early termination of the lease (if required), but this statement leads to the assumption that accommodation at the Complex could proceed as soon as feasible, or at the very least at the end of 2027. Since 2014, provision has existed in the County's ten-year financial plan for an anticipated increase to lease payments for Aylmer Library expansion. This amount currently stands at $65,000 which is in addition to the $55,181 already being paid to the Town. Therefore, $60,000 of additional funds would be required in the County budget as soon as 2026 (plus annual inflationary adjustments) to support a library in the vicinity of 10,000 square feet at the Complex, based on 2025 rates. A facility of this size would then pay to the leaseholder approximately $180,000 (plus annual inflationary adjustments). In addition, the County's ten-year capital plan contains provision for equipment, collections and furnishings for future library expansions. This amount currently stands at $135,000. It is recommended that $40,000 of these funds be utilized in the 2025 budget for the expansion to West Lorne Library, leaving $95,000 that could be devoted towards equipment and collection needs for an expansion to Aylmer Library as soon as 2026. Any additional funds that may be required for this purpose can form part of future budget planning for 2026 or beyond, but Council can be assured that a significant placeholder already exists for this purpose. It would be the EECC's responsibility to make any space provided for the purposes of housing the Aylmer branch at the Complex "library ready." This means that the Complex would need to invest in the necessary capital renovations to the space to accommodate library functions such as collection space, programming areas, meeting rooms / study areas and staff workspaces strictly at their cost. Library staff will work with the EECC Board to update previous design work for the purposes of a costing analysis. Page 54 of 131 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 East Elgin Community Complex is jointly owned by the Township of Malahide and Town of Aylmer and governed through a Board of Directors comprised of both councils. While this report requests the explicit endorsement of the Town of Aylmer to proceed with relocation to the Complex given that the County has an existing leasing arrangement with the Town for the Aylmer branch, Malahide Council will have to authorize re -purposing space at the Complex for library use, along with any revenue sharing agreements with the Town of Aylmer that will result. Malahide will be considered a key stakeholder in any future public engagement and planning efforts. Communication Requirements: It is recommended that a copy of this report be circulated to councils of the Town of Aylmer and Township of Malahide for information purposes. Conclusion: The Town of Aylmer CAO's report provided a detailed timeline on the debate and multiple options explored to better meet space needs for the Aylmer Library, with an implication that the County and library staff have not provided leadership and advocacy for library expansion in Aylmer and that the existence of a library board could be more effective in advancing the cause. This debate has extended for over twenty years, with still no significant progress to date. For much of this time, the County's Library Director and staff have been directly involved in public consultations and the necessary "behind the scenes" work to advance this cause, including active participation in committees, many hours devoted to design work and several community presentations that was Page 55 of 131 close to achieving a stand-alone, purpose-built library of just over 10,000 square feet on grounds adjacent to the current location in 2014. Staff also devoted considerable time towards initial designs in 2017 during the first proposal to locate to the Complex. Since that time, there has not been any tangible opportunities to expand the branch so it may seem that the County has played a less visible role in this matter in recent years but that largely has been the product of past experiences, further exacerbated by the global pandemic where library services had to be limited. Aylmer Library continues to be a well -used and vital community asset, accounting for approximately 36 per cent of Elgin County Library's total circulation (2024 statistics) while serving 32 per cent of the total population encompassed by the entire system. Program attendance is also strong relative to peers despite the amount of space available to host these programs. Over the past two decades, the value and importance of the library to the community has not been the source of debate. It has been about how best to proceed with a much -needed expansion that makes the most sense from a financial perspective and how best to leverage further partnerships and investments in the community while doing so. An opportunity is emerging to better meet space needs for the Aylmer Library at the East Elgin Community Complex which may finally "stroke all the right boxes" to proceed. It is recommended that this option be pursued. All of which is Respectfully Submitted Approved for Submission Brian Masschaele, Director of Community Blaine Parkin and Cultural Services Chief Administrative Officer/Clerk Page 56 of 131 The Corporation of the Town of Aylmer � 46 Talbot Street West, Aylmer, Ontario N5H 1 J7 Office: 519-773-3164 Fax: 519-765-1446 Proud Hesaage, Bflight 1 ururv- www.aylmer.ca November 22, 2024 Elgin County Warden and Council Via email: , , ,,, ,call„g,!I,! ,,,,,q, ,; ktIrk, „ rn,,, ,1 „ Ball lii .ca Re: County Collaboration — Library Services, Facilities & Funding Elgin County Warden and Council, At their meeting of November 20, 2024 meeting, the Town of Aylmer Council passed the following motion regarding the subject noted above: That Report CAO 60-24 respecting County Collaboration - Library Services, Facilities & Funding be received for information; and, That Aylmer Council send a request to Elgin County Council as the Elgin Public Library Board to establish a committee to advance the matter of a Greater Aylmer area Library. Please find attached Report CAO 60-24, regarding County Collaboration on Library Services, Facilities & Funding, for further information on the Town's recommendation. Thank you for your consideration, D� Owen Jag a Director of Legislative Services/ Clerk Town of Aylmer 46 Talbot Street West, Aylmer, ON N5H 1 J7 519-773-3164 Ext. 4913 1 Fax 519-765-1446 ;,!,,,,,,,,II„rrn,,,!,,,,,„!,,,,,, r;,,,,„yll,r�rn!. CC: Blaine Parkin, Chief Administrative Officer (CAO) Katherine Thompson, Manager of Administrative Services/Deputy Clerk Attached: Report CAO 60-24 County Collaboration — Library Services, Facilities & Funding Page 57 of 131 Alternative formats and communication support available upon request. Please contact clerks@town.aylmer.on.ca or 519-773-3164 for assistance. Date November 1, 2024 To Council — November 20, 2024 From Andy Grozelle, Chief Administrative Officer Report No. CAO 60-24 Report Title County Collaboration — Library Services, Facilities & Funding Recommendation That Report CAO 60-24 respecting County Collaboration — Library Services, Facilities & Funding be received for information; and, That Aylmer Council send a request to Elgin County Council as the Elgin Public Library Board to establish a committee to advance the matter of a Greater Aylmer area Library. Executive Summary This report is in response to Council direction provided following the delegations of Dalene van Zyl, Elgin County Aylmer Library Supervisor, and Kirk Barons, representative for the Aylmer Library Expansion Supporters (ALES), at the September 18, 2024, meeting of Council. Staff are recommending that Aylmer Council request Elgin County Council, as the Library Board, establish a committee to advance the issue of a Greater Aylmer area Library. Given the level of concerns raised by Elgin County at the September 18t" meeting, staff are also recommending that Aylmer Council allow the County to seek temporary facilities for their provision of library services within the Town. This option would be Page 58 of 131 up to the County to pursue, however Aylmer providing flexibility in releasing the County from their current lease arrangement may assist the County. Such release could facilitate the County seeking a more suitable interim location until the Greater Aylmer area library issue is substantially advanced. Within this there is an understanding that Aylmer Council supports library services and has no desire to limit Elgin County as the Library Board from addressing the lengthy list of concerns raised at the September 18t" meeting. This approach also acknowledges that expansion of the library will initially seek to service a population of 15,000 — 20,000. This in turn is not a replacement of `like for like' but would be the establishment of a main library branch for Elgin County. Such a main branch would serve as the hub for regional programming and events. Considerable stakeholder engagement by the library board will be required to consider all aspects of the services provided including programming, access, design, staffing, and operating hours. Background Attached to this report is a brief summary of the historic background on the library. Those who have followed this know it has been contentious. Following the defeat of the project in 2017 the project of constructing a new facility was removed from the Town's ten-year Capital Plan. More recently, after receiving budget survey feedback in September of 2021, Council established that no further work be undertaken on this file until such time as $500,000 in fundraising occurred. There was an understanding that Elgin County would utilize their charitable registration and accept donations on behalf of the library branch. At the time of authoring this report, the Town has received no indication whether Elgin County holds any donated funds towards this project. The September 18, 2024, presentation from Dalene van Zyl, Elgin County, Aylmer Library Supervisor, noted numerous issues with the current Aylmer Library branch facility. These issues included, but were not limited to, a deficiency of approximately 12,500 square feet, a deficiency in hours of operation, and a deficiency in staffing levels. Other issues with the current facility include accessibility issues, the need for additional public washrooms, a lack of community meeting rooms, a lack of privacy, and a lack of programing space. This is a servicing challenge with implications for a greater area than the Town of Aylmer. Elgin County has indicated a desire for the Aylmer Branch to service a catchment area of 15,738 residents, everything south of College Line within the Township of Malahide. The County recognizes the Aylmer Branch as the sole large branch operated by Elgin County. Further, the challenge is interlaced with aligning facilities needs with the operational direction of the library services the County delivers. For example, their presentation noted the possible need to triple the Page 59 of 131 number of staff supporting the branch and expand the range of services provided at the facility. A wholistic regional approach is required to develop a new main Elgin County library that will be established in the County's largest settlement area but will provide equal levels of service and programming to those in the surrounding rural communities. This requires considering all aspects of library services such as staffing, stakeholders, access, and hours of operation. Analysis As noted in the presentation, and in the associated report to Elgin County Council, the County has indicated a desire to take a stronger leadership role on this matter. Staff are hopeful that this approach can better align capital, operational, and community planning for library services in the greater Aylmer area. The County has not yet indicated what action it will take. Staff are suggesting that Council consider making recommendation to Elgin County as the Elgin County Library Board. Points to Advance with the Library Board (Elain County Council) There are multiple important points that staff believe could be advanced through a committee established by the Library Board. To summarize: 1. County Leadership on Library Services and Facilities Discussions occurred with the former CAO of Elgin County on a commitment by the County to lead the process of developing a plan and design for the library and to oversee engineering and project management. Staff believe that this is important with the evolution of library systems to provide numerous `creative' community spaces. As Aylmer does not provide library services, we should not oversee the design or layout of the library. 2. Library Construction Policy This policy, last updated in 2015, is unusual. Similar policies in other municipalities speak to project management, design standards, and AODA considerations. The main purpose of the County's policy appears to download obligations to construct and own buildings on local lower -tier municipalities. While this is likely a position in the County's interest, it is not a position that we would expect an independent library board would support. Such a policy may be effective for small rural feeder library branches but will never be able to support the development of a large regional main library branch that is being advanced. Page 60 of 131 3. Library Governance and Community Participation Examine whether Elgin County has a sufficient independent organizational structure established to support local libraries. Library Boards generally meet on a monthly basis, and although they have political representation, they are driven by Community appointees. Staff believe such a body under an independent Chief Executive Officer could be much more effective in advancing a Greater Aylmer area Library. 4. County -Wide Library Operations and Facilities Strategy Circulation and utilization of the existing library identifies high usership of the library by non -Aylmer residents. There needs to be a shift in thinking in how the County invests in urban communities as growth centres that provide services to surrounding rural areas. 5. Fund -Raising and Capital Planning Work with Elgin County staff to ensure supports are provided to local groups fundraising in the hopes of encouraging meeting the fundraising goal of $500,000. Further, the committee could guide a process to ready Elgin County for any grant opportunities. Town of Avlmer Financial Constraints The Town constructing more space to lease to Elgin County has become more challenging to address than it was in 2017. The additional difficulty arises from the significant investments made by the Town. Investments in major capital projects, like the Water Tower, AIM Park, and Elk Street. These projects along with addressing aging infrastructure, such as the EECC and Town Hall and Old Town Hall, have placed the Town in a position where our reserves are depleted. Debt issuance may be required to fund capital works that are already planned. The last term of Council reviewed the library and determined that the Town undertaking a capital investment for the County's library service would not be possible without significant local fundraising. Since that time, this Council has received facility condition assessments on two facilities that have introduced substantial costs. Council has also added an indoor pool to the ten-year capital plan which could cost between $8-$10 million and for which the Town has no plan on how to finance either capital or operational. Given the financial pressures facing the Town of Aylmer it is important to be realistic. With the removal of this project from the ten-year capital plan after the 2017 decision, funds held by the Town were placed in the building reserve fund. This reserve is underfunded to address anticipated costs that the Town became aware of Page 61 of 131 over the last two years through facility condition assessment reports. Despite the history of the library, the removal of this item from the Capital plan means that this is a brand-new capital request that is not envisioned in the Town's current financial or asset planning. Staff recognize the substantial value of the library services to the Greater Aylmer area. Aylmer however has a small tax base and is unable to sustain the current level of investment in capital. Projects like the Water Tower, Lagoon Upgrades and AIM Park development represent strategic draw -downs of the Town's position for the future long-term residential and economic development interests of the Town. These investments will pay dividends; however, they will not be immediate and multiple years of frugality on capital projects will be required to build up reserves and avoid negative impacts to taxpayers. Strategic Priorities This report supports the goals and objectives set out inu.lr�°lily:µ ritl:ir�tl:gii Iliillll;�irµ. The library is identified in the Town's Strategic Objectives as a level A priority. During the update in 2024 Council adopted continuing to hold this as an A priority item with no current action required until fundraising is completed. Conclusion Staff are recommending forwarding this matter to Elgin County Council and requesting that a committee be established to advance this matter. We believe this is appropriate and would like to work with the County to develop a plan of action on a Greater Aylmer area Library. As Council heard with the many concerns about the library's current accommodations, staff believe it is important to allow Elgin County the ability to terminate the lease without penalty if they are able to find an interim location that will better meet their needs. Aylmer is supportive of library services, and we do not desire to be seen to hinder the County from providing the level of service they desire for the community simply to keep a tenant in our building. Respectfully submitted, Andy Grozelle Chief Administrative Officer Page 62 of 131 Appendix Attachments 1. Appendix A: Brief Background Summary — Old Town Hall Building History 2. Appendix B: Brief Background Summary — Library Expansion History Follow Up In adopting this report, what follow up action is required? ❑By-law ❑Agreement(s)/document(s) to be signed by Mayor and/or Clerk ❑Social media/Website update or communication ❑Other communication — Specify: Page 63 of 131 Appendix B — Brief Background Summa Library Expansion History Ardent followers of library expansion history in Aylmer are most certainly already aware of the details relating to this subject. As such, this section will serve to provide only a broad overview for the benefit of adding context to this report and to provide background for those who are unaware. In the late 70s, the municipal offices that were previously housed at 38 John Street South were moved to 46 Talbot Street West, leaving the Old Town Hall building vacant. A referendum was held that asked residents whether they were in favor of restoring the Old Town Hall to house a new public library. Despite a majority vote that opposed restoration to house a new public library, Council voted in favor with proceeding. The official opening of the library was June 18, 1982. The early 2000s saw the establishment of a Library Steering Committee to undertake a needs assessment and planning process. The Town of Aylmer and the County of Elgin Library Services commissioned the Ventin Group Ltd., Architects to prepare a Master Plan Investigation of the Aylmer Old Town Hall Library in 2004. This report proposed purchasing 46 John Street South to meet space requirements (6,600 sq. ft. in addition to its existing space). Further, it included recommendations for a new elevator, washrooms, kitchen, and storage rooms in the new addition to complete the design of the proposed expansion. The cost of this expansion was quoted at $1.57-$1.78 million based on 2005 costing. Elgin County Council approved the 11,000 sq. ft. expansion on or before 2009. Under the lease agreement at the time — originally signed in 1982 — the County leased 3,081 square feet for $7 a square foot plus 100 percent of the operating cost of the library section of the building and 41.9% of certain capital costs including insurance, maintaining Old Town Hall's exterior and the library's heating system. The lease did not apply to new, expanded, or relocated branches which would require a new operational lease. Council voted to demolish the house at 46 John Street South in 2008 A Library Facility Review Committee was established in 2011 that included Town of Aylmer staff and Council members, Aylmer residents, and County of Elgin representatives. The mandate was to explore the requirements, logistics and identify options for the Aylmer branch of the Elgin County Public Library. The final recommendation of the committee was that the Town of Aylmer should proceed with the development of plans and all other related activities for the construction of an expanded library based around the current Old Town Hall with a minimum of 8,000 square feet of assignable library space and the expansion set to be to the west and/or the north. The "Town Square Block" (bounded by Talbot Street West, John Street South, Sydenham Street West, and Centre Street) were to be considered as the preferred location. Page 64 of 131 Archon Architects were retained in 2013 to prepare a design concept for the new library. A geotechnical investigation was prepared by exp Services Inc. in 2014 as part of Archon Architects' development proposal. Council endorsed proceeding with the building of a new library subject to RFP approval. Council requested a $400,000 interest free loan from the County of Elgin however their policy is set to approve a maximum of $100,000. Staff researched numerous grant opportunities. A motion to call a referendum to determine the will of the people of the Town of Aylmer in consideration of "the magnitude and debt -inducing cost of the proposed library building" and "who will carry the financial burden of this project" was defeated in 2014. Several options for library expansion were investigated over the course of 2015-2017 including inviting expressions of interest for potential lease or purchase of building space for library services. Relocation to the Aylmer Legion (211 John Street South), relocation to the East Elgin Community Complex (531 Talbot Street West), purchasing and annexing of 20 John Street South, and lease or purchase of the ground floor of Trillium Park were some of the proposed options that were ultimately rejected. Two locations were officially proposed for the Aylmer Library: 23 Myrtle Street and 38 John Street South. A petition was received in support of pursuing the Myrtle Street location for the new library and in opposition to building on the Old Town Hall. A separate petition in support of locating the new library in the downtown core area was also received. The Town of Aylmer hosted a survey in 2017 regarding the library location with 77% of respondents preferring an addition to the Old Town Hall at 38 John Street South. Numerous comments and delegations to Council presented arguments for and against both proposed locations. The Town of Aylmer retained CJDL Consulting Engineers in 2017 to provide capital and operating costs for the proposed library locations. An 8,000 sq. ft. stand-alone building was proposed for 23 Myrtle Street at a cost of approximately $1.59 million. The proposed 5,000 sq. ft. addition to 38 John Street South totalled $1.09 million. A motion that an enlarged Aylmer Library be situated on the John Street site and that it include a 5,000 sq. ft. building and atrium attached to the current library was defeated in a 4/3 vote in 2017. A motion to move forward with building the library on the Myrtle Street site was also defeated in a 4/3 vote in 2017. The current lease agreement with the County of Elgin for 38 John Street South is a 5- year term that commenced January 1, 2023 and ends December 31, 2027. There is no provision in the current agreement for contributions to capital costs on the part of the lessee. Page 65 of 131 • Townspeople directed Aylmer Council, by a 63 to 37 vote, to proceed with plans for the new hall in 1873 • Architect: George Watson and Son, London • Contractor: John H. Arkell • Construction Inspector: Harrison Maw • Uses: o Clerk -Treasurer's office, Council chamber o First floor: post office, police department o Mechanic's Institute o Second floor: opera house s. •Pill"` • • 16-foot brick addition to the front of the Hall to accommodate more office space as well as a 6-foot stage addition and a back stairway • Uses: o Town Assessor's Office o Township of Malahide office o Rations Issues Office o Welfare Officer's Room o Criminal and Small Claims Court o Driver Examinations o Ontario Municipal Board meeting o Fire Department o Public Works Department • March 1980, the Old Town Hall was designated a heritage structure under the Ontario Heritage Act • The building was vacant - Council entertained the idea of demolition • Elgin County Council and various historical societies for restoration offered grant money to improve the building's exterior • Referendum November 10, 1980: "Are you in favor of restoring the Old Town Hall to house a new public library?" o Outcome: 1032 to 841 not in favour of restoration to house a new public library Page 66 of 131 o Despite this result, the Council voted in favor of proceeding with the restoration of the Old Town Hall to house a new public library and to accept all grants and assistance o Roger Verbuyst hired a lawyer to investigate possible ways to force council to abide by the results of the referendum o The lawyer for the town argued that the result of a referendum was not legally binding upon Council o THe Ontario Supreme Court upheld the decision of Aylmer Town Council to proceed with restoration of the Old Town Hall for use as a library • Money for the restoration project was provided by the County of Elgin, the Town of Aylmer, the Ontario Heritage Foundation, Wintario, Heritage Aylmer, the sale of the old library and individual donations • Official opening of the library: June 18, 1982 • Reinforcement of balcony and roof; painting of the Union Jack; restoration of the balcony railing; stage, dressing rooms, washrooms • Fully restored Opera House official opening September 24, 1988 • Library not utilizing the upstairs after renovations for Local History collection • Closed August 21 -October 10 • Books were packed and moved to the bandshell • Painting, carpet ## "•OWNS 11! • • • Under the terms of the lease between the County of Elgin and the Town of Aylmer for the operation of the Aylmer Public Library, the County may be responsible for 41.9 percent of such capital costs - any expenditure would require advance notice and approval as part of the County's annual budget deliberations RXIIIIIN • Library Facility Review Committee - Final Report to the Town of Aylmer o Mandate: To explore the requirements, logistics and identify options for the Aylmer branch of the Elgin County Public Library Page 67 of 131 o Recommendations: the Town of Aylmer should proceed with the development of plans and all other related activities for the construction of an expanded library based around the current Old Town Hall with a minimum of 8,000 square feet of assignable library space and the expansion set to be to the west and/or the north o County Staff report `Aylmer Library Space Requirements' using the 2005 guidelines suggests that a `Large Rural Branch' like Aylmer with a `Catchment Area' of 13,000 residents should be between 7,000 sq ft to 21,000 sq ft in size. (ARUPLO Guidelines for Rural/Urban Public Library Systems) o The "Town Square Block" (bounded by Talbot Street West, John Street South, Sydenham Street West and Centre Street) be considered as the preferred location o Based on information from the county and town planner, a construction fee of $200/square foot is used as the benchmark in determining the possible cost of construction • Report from Brian Masschaele Director of Community & Cultural Services, County of Elgin April 11, 2011 ree: current lease with County, guidelines for County Library Branches, Elgin County Library Branch Construction Policy, overview of Aylmer Library programs • Amalgamation of AMMA and Library proposed 2011 • 2012 - Funding for Aylmer Library Expansion Study - February 21, 2012 Report to County Council o That Elgin County fund 41.9% of costs incurred by the Town of Aylmer for architectural and engineering services for a new or expanded facility for the Aylmer Library with an upset limit of $20,000 pending approval of the 2012 County Budget; and, o That payment to the Town of Aylmer proceed upon presentation of actual costs to the County prior to the end of 2013 • Petition in opposition to library expansion September 4, 2012 Meeting of Council o 803 signatures • Grant considerations o Community Infrastructure Investment Fund (2012) o Cultural Capitals of Canada (2002) o Trillium Funds (2003) o Heritage Challenge Fund (2000) o Canada Cultural Spaces Fund (2016) o Canadian Arts and Heritage Sustainability Program (2006) o Historic Places Initiative (2006) o Ontario Heritage Trust (2006) Referendum to consider the magnitude and debt -inducing cost of the proposed library building (2013 resolution) V # ► ,. "` • • 2016 Expressions of Interest: provide information for a potential lease or purchase of building space for library services Page 68 of 131 • Relocation to the Legion proposed • Purchase of 20 John St S proposed • Lease or purchase of ground floor of Trillium Park proposed • Offer to fund new space from the Palmer Estate through Andrew Gunn • Report 51-15 Library Options examines: o Option 1: Do nothing, retain the existing location o Option 2 - Lease available space in the core area of approx. 6,000 sq. ft. (or more) and preferably within the BIA boundary o Option 5 - Build a new standalone building • Special Council Meeting October 30, 2017 to receive input from the public about the two locations proposed for the Aylmer Library 0 23 Myrtle Street 0 38 John Street South • Petition received from Kory MacDonald and Anne MacDonald in support of pursuing the Myrtle Street location for the new library and in opposition to building on to the Old Town Hall (Received at Council meeting: October 2, 2017 and Presented at Special meeting: October 30, 2017) o 51 names • Petition received from Bill Murch in support of locating the new library in the downtown core area (Delegation May 8, 2017) o 1412 signatures • Report ADM IN 52-17 -Library Location Survey Results o 186 surveys received - 144 respondents (77%) preferred the addition to the Old Town Hall located at 38 John Street South • Comments received in opposition of library expansion at John Street o Mennonite Furniture Gallery re: decreased parking • Comments received in opposition of library relocation to Myrtle Street o David Ritchie re: flood plain - examined as potential site for Police Station which produced a CCCA report about flooding potential and soil issues o Penny Hilliker McGregor PS - keep library downtown for ease of access for students • Motions to investigate feasibility of relocation of library to EECC and establishment of a library committee rescinded May 2017 o Aylmer & Area Chamber of Commerce correspondence re: polling membership (businesses and organizations in the Town of Aylmer, Township of Malahide, Municipality of Bayham, City of St. Thomas and surrounding areas) 70% voted no "Do you feel it is in the best interest of the community for the Aylmer branch of the Elgin County Library to be relocated to the EEECC?" 70% voted yes "Do you feel it is in the best interest of the community for the Aylmer branch of the Elgin County Library to stay in the downtown core?" 61 % voted yes "Do you feel it is in the best interest of the community that the Aylmer branch of the Elgin County Library stay where it is if there are no other options available at this time in the downtown?" Page 69 of 131 • Report ADM IN 42-17 -Library Options provided capital costs for new library locations (CJDL) Capital Costs 0 23 Myrtle Street (8000 sq ft stand alone building) $1,590,000 including building cost, landscaping, sidewalks, parking lot, environmental assessment, design, contribution from reserve, county loan ($100,000) 0 38 John Street South (5,000 sq ft addition) $1,094,000 including building cost, landscaping, sidewalks, parking lot, environmental assessment, design and administration, contribution from reserve, county loan Annual Operating Costs 0 23 Myrtle $75,400 including county lease revenue 0 38 John $45,400 including county lease revenue • Administrator -Report ADM IN 52-17 -Library Location Survey Results o Resolution 416-17 That Report ADM IN 52-17 Library Location Survey Results, from the Administrator, be received for information. The motion is carried. o Resolution 417-17 That an enlarged Aylmer Library be situated on the John Street site. The motion is amended: o Resolution 418-17 That the resolution be amended by adding: And that is include a 5,000 sq. ft. building and atrium attached to the current library. The motion is carried. o The amended motion 417-17 reads: That an enlarged Aylmer Library be situated on the John Street site, and that it include a 5,000 sq. ft. building and atrium attached to the current library. The motion is defeated with a 4/3 vote. Resolution 419-17 That Council move forward with building the library on the Myrtle Street site. The motion is defeated with a 4/3 vote. Documentation regarding Aylmer Library found here: hg2as / mer.civicweb.net/filepro/documents/107065/ 0 Page 70 of 131 1ST SESSION, 33RD LEGISLATURE, ONTARIO 34 ELIZABETH II, 1955 (Chapter Pr16 Statutes of Ontario, 1985) Mr. McNeil 1st Reading October 17th, 1985 2nd Reading December 6th, 1985 3rd Reading December 6th, 1985 Royal Assent December 6th, 1985 Printed under authority of the Legislative Assembly by the ©Queen's Printer for Ontario Page 71 of 131 ' I m Whereas The Corporation of the County of Elgin, herein Preamble called the Corporation, hereby applies for special legislation in respect of the matter hereinafter set forth; and whereas it is expedient to grant the application; Therefore, Her Majesty, by and with the advice and con- sent of the Legislative Assembly of the Province of Ontario, enacts as follows: I. —(I) The Elgin County Library Board is dissolved on Library the lst dayof January, 1986, and all the assets and liabilities Board Y� dissolved thereof are hereby declared to vest on that date in the Cor- poration. (2) The council of the Corporation shall, for the purposes gun il of the Public Libraries Act, 1984, be deemed to be a board of deemed a county library as of the 1st day of January, 1986. board 1984, c. 57 (3) On and after the 1st day of January, 1986, the operating meat rtion- costs of The County of Elgin Library shall be apportioned of costs among the municipalities forming part of the county for municipal purposes. 2® This Act comes into force on the day it receives Royal Commence - Assent. ment 3m The short title of this Act is the County of Elgin Act, snort title 1985. Page 72 of 131 PRESENTATION TO THE STANDING COMMITTEE ON REGULATIONS AND PRIVATE BILLS - THURSDAY NOVEMBER 21ST 1985 Gentlemen: We are here representing the County of Elgin to furnish infor- mation and answer any questions concerning our proposed Private Members Bill. I would like to introduce Warden Ray Lavereau and I am George Leverton, Clerk -Treasurer. As you gentlemen are no doubt aware, the County Library System is administered by a Library Board established under Part IV of the Public Libraries Act. It provides for a total of 7 members composed of the Warden and 6 members appointed by County Council, 3 of which shall be members of County Council,: and 3 who are residents of the County and are not members of the Council. Elgin County operates 11 branch libraries with the Administra- tion Headquarters located in St. Thomas in the basement of leased quar- ters in the City Library Building. If I may be permitted, I would like to briefly outline the reasons why the County has requested the private bill to alter the present provisions of the Public Libraries Act. 1. ACCOUNTABILITY Although the present system has members of Council on the Board, and in the majority (4 out of the 7) the balance of the persons appointed are not accountable to the public at large for their decisions, be it fin- ancial or policy. Recommendations brought from the Library Board re- quire the 4 members to convince the other 21 members of Council that the particular item is desirable. It is proposed that the Committee, if allowed, would be composed of 5 members of Council plus the Warden Ex- Officio. Any report or action to Council will have 6 representatives to speak in support of it. All other functions of the County, Roads, Homes for the Aged, Social Services, Personnel, Property etc. are under the Committee Structure System. Therefore, it is logical that this function also should be under County Council, and not a separate Board. 2. FINANCIAL The cost of operating the Library system has increased considerably in recent years. To illustrate the rate of increase, the operating budget for 1970 was $113,834, of which the County contributed $69,052. The current 1985 operating budget plus an additional amount for capital is $811,550, of which the County contribution is $751,320. You can readily see that the County contribution is in excess of 10 times what they were contributing in 1970, indicating the increased costs which are associ- ated with the library system. Part of the problem, of course, is that the contribution by the Province is less percentage -wise than it was in 1970. Within the last five years the County has contributed financially towards either the renovation or construction of four local libraries. It is anticipated more will follow in the coming years to upgrade or construct new quarters. The circulation in these new facilities has increased drastically, indicating the apparent need for the improved buildings. By changing to a Committee of Council capital programs for these expen- ditures can be monitored and considered along with all other upcoming projects in the various functions of the County. Page 73 of 131 STAFF AND QUARTERS As indicated previously,the Administration is presently housed in the City Library Building, and the employees equate their benefits and wages with those of the city staff. At the present time we are renovating a newly - acquired building (former Nurses' Residence at the St. Thomas Psychiatric Hospital) as a County Administration Building. It is our plan to move all County departments, including the library into this building in December of this year. Although the Board has been a separate entity, attempts have been made to keep wages and benefits comparable to the balance of the County staff. In July of this year, the six full time staff applied for and obtained certification to be represented by C.U.P.E. Negotiations are presently under way towards the first collective agreement. By moving into a new building with other County staff and under a Committee structure, it will allow continuity in wage negotiations. Presently,there are three other union agreements and an association one being negotiated by the County Personnel Committee. A separate board, such as presently in place, is not fully aware of the provisions and working conditions in_ the other departments. The Personnel Committee is in possession of this informa- tion. SUMMARY 1. Accountability - A Committee -structured system will result in what we feel will be a governing body which is more accountable to both Council and the electorate. 2. Financial - For the increasing cost, both operating and capital, it Is felt that projections for future years may be better monitored and planned through a Committee composed entirely of elected members of County Council, based on priority and need of the entire County opera- tion. 3. Staff and Quarters - With the Library staff in a building with strict- ly other County employees and subject to working conditions etc. negotia- ted by the same Committee, dealing with all other staff groups, the end result will serve the County's needs better. We would welcome any questions you may have, and we respectfully ask that our private bill to alter the current Library Administration be given favourable consideration. Respectfully submitted, Page 74 of 131 THE MUNICIPAL CORPORATION OF THE COUNTY OF BLGIN BY-LAW NUMBER 1898 A By -Law of the Municipal Corporation of the County of Elgin to establish a County Library Service within the County of Elgin. WHEREAS section 86 (1) of the Public Libraries Act, R.S.D. 1960, Chapter 325 provides that where at least seventy-five per cent of the municipalities forming part of a County for municipal purposes request the County to establish a County Library Service, the Council of the County may by By -Law establish a County Library Service for all such Municipalities. AND WHEREAS requests have been received for the establish" ment of such.service from the following municipalities, namely: - Belmont, Rodney, Aldborough, Port Stanley, Dunwich, Vienna, Yarmouth, Dutton, Port Burwell, Malahide, Aylmer, 'hest Lorne, Southwold, Bayham, South Dorchester, and Springfield. AND WHEREAS the said municipalities constitute more than seventy. -five per cent of the municipalities in the County of Elgin; NOW THEREFORE the.Council of the Corporation of the County of Elgin enacts as follows: (1) THAT a County Library Service be, and is hereby established for the above mentioned municipalities. (2) THAT an annual rate shall be levied each year upon the equalized assessment of each of the said municipalities sufficient to provide such service. (3) THAT in the event that any municipality or municipalities within the County, other than those above named, may request to be admitted to such County Library Service, upon a proper request directed to the County, this By -Law may be amended to include such municipality or municipalities. (4) THAT no property of any kind, including land, buildings, books or equipment, which may be owned by any of the municipalities for which the County Library .Service is established or by any Public Library Board within such municipality, shall become the property of the Elgin County Library Board, but shall be, or remain the property of such municipality. (5) THAT the Council of the County of Elgin hereafter appoint members to constitute the Elgin County Library Board as provided by Section 87 of the Public Libraries Act. (6) THAT this By -Law shall come into force on the first day of January in the year following its approval by the Minister of Education. READ a first time this 21st day of September, 1965. READ a second time this 21st day of September, 1965. READ:a third time, and finally passed this 2-1st day of September, 1965. Cle [harden Page 75 of 131 - _ - v I ONTARIO DEPARTMENT OF EDUCATION 44 EGLINTON AVE. W. TORONTO 12, ONTARIO TORONTO* September 29, 1965< Dear Mr.. Johnson( This will acknowledge your letter of September 23rd, with the copies of By�Law no. 1898, to establish a county library within the County of Elgin. On behalf of the Minister of Education, under Section 86 (3) of the Public Libraries Act, this by-law is approved. Mr. H.L. Johnson, Clerk -Treasurer, County of Elgin, Court House, ST. THOMAS, Ontario. Yours very truly, W. R. Stewart, Assistant Deputy Minister, Provincial Schools` and Eurth°cr Education,.;; Page 76 of 131 ElginCounty Report to Growth Planning Steering Committee From: Katherine Thompson, Manager of Administrative Services/Deputy Clerk Date: January 28, 2025 Subject: Pre -Budget Consultation Feedback for the 2025 Ontario Budget Recommendation(s): THAT County Council review the attached draft Pre -Budget Consultation Feedback document and provide any necessary revisions, and THAT staff submit the Pre -Budget Consultation Feedback document to the Minister of Finance by the February 3, 2025, deadline. Introduction: The Ministry of Finance is currently undertaking pre -budget consultations for the 2025 Ontario Budget. As part of this process, the Honourable Peter Bethlenfalvy will be hosting a breakfast and pre -budget consultation in St. Thomas on January 28, 2025. Councillors are invited to attend this event, and as a result, the County Council meeting scheduled for that day has been moved to 10.00 a.m. to accommodate those who wish to participate in the breakfast. However, due to the timing of the consultations coinciding with the Council and Finance Committee meetings, Councillors will be unable to attend the consultation portion of the session in person. In light of this, it was recommended that staff draft a feedback document to be reviewed by the Growth Planning Steering Committee before being presented to County Council on January 28, 2025. On January 24, 2025 the Growth Planning Steering Committee reviewed a draft Budget Consultation Feedback document and provided suggested amendments. Staff have incorporated these amendments into the attached document. Background and Discussion: County Council provided the following direction for the pre -budget consultation: Address the Increased Need for Infrastructure Funding: Acknowledging the growing demand for infrastructure development and maintenance across the region, Council has highlighted the need for additional funding to support these projects. Page 77 of 131 Request for Full Refund of Provincial HST Portion: Council has requested that the provincial portion of the Harmonized Sales Tax (HST) be refunded in full, which would ease financial burdens on the municipality. Assessment Roll Update: County Council has pointed out that the assessment roll has not been updated in nearly a decade. Council has expressed the need for an updated roll to reflect the current values and ensure fair and accurate assessments for municipal taxation. The Growth Planning Steering Committee provided the following additional feedback - Social -Economic Prosperity Review The Growth Planning Steering Committee recommended that the County of Elgin express support for AMO's call for a Social -Economic Prosperity Review and tie this to the request for additional infrastructure funding. Add Additional Details to Assessment Roll Update The Growth Planning Steering Committee recommended that staff add some information to the request to return the assessment roll that specifically speaks to what the financial implications of the assessments remaining at 2016 dates. The Committee suggested using specific data from one of Elgin's Local Municipal Partners to demonstrate how an outdated assessment negatively impacts municipalities. The Municipality of Bayham has this data already complied and once they have provided it to Elgin County staff, it will be added to Elgin's submission for support Elgin's argument. Staff has utilized information from Elgin County's most recent submission to the Ministry of Finance, incorporating updated data and specific concerns from the region. Next Steps: Submission: Once Council has provided additional feedback, staff will ensure that the submission is made to the Ministry of Finance by the February 3, 2025, deadline. Financial Implications: None. Alignment with Strategic Priorities: Page 78 of 131 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: Staff will incorporate Council feedback into a final document and ensure that this feedback is submitted by the deadline of February 3, 2025. Conclusion: The pre -budget consultation process presents an important opportunity for the County to raise key issues with the provincial government ahead of the 2025 Ontario Budget. By addressing infrastructure needs, requesting a full refund on the provincial portion of the HST, and seeking an updated assessment roll, the County is advocating for necessary supports to ensure the continued growth and sustainability of local services. The feedback document attached reflects the Council's priorities, and once finalized, it will be submitted to the Ministry by the required deadline. All of which is Respectfully Submitted Katherine Thompson Manager of Administrative Services/ Deputy Clerk Approved for Submission Blaine Parkin Chief Administrative Officer/Clerk Page 79 of 131 ElginCounty Report to County Council From: Katherine Thompson, Manager of Administrative Services/Deputy Clerk Date: January 28, 2025 Subject: Municipal Accountability Act Consultation Feedback Recommendation(s): THAT the report titled "Municipal Accountability Act" from the Manager of Administrative Services/Deputy Clerk dated January 28, 2025, be received and filed; and THAT any additional feedback from Council be incorporated into the letter to the Minister of Municipal Affairs and Housing regarding proposed changes to the Municipal Accountability Act, 2024, and THAT staff submit the letter by the submission deadline of February 10, 2025. Introduction: On December 12, 2024, the Province of Ontario introduced proposed changes to the Municipal Accountability Act, 2024 designed to strengthen the municipal code of conduct and integrity commissioner framework. The proposed changes, if passed, would: • enable the creation of a standard municipal code of conduct and standard municipal integrity commissioner investigation processes to help ensure consistency across all Ontario municipalities; • create a role for the Integrity Commissioner of Ontario in municipal code of conduct and integrity commissioner matters, including providing training to municipal integrity commissioners; and establish a mechanism to remove and disqualify members of council and certain local boards for a period of four years for the most serious code of conduct violations following a recommendation from the local integrity commissioner, a concurring report from the Integrity Commissioner of Ontario, and a unanimous vote of council. The Hon. Paul Calandra, Minister of Municipal Affairs and Housing sent a letter to Elgin County Council soliciting feedback on the proposed changes. This feedback is due on Page 80 of 131 February 10, 2025. At its meeting held on January 14, 2025, Council directed staff to incorporate Council feedback into a single submission for review by Council at its meeting on January 28, 2025. Background and Discussion: Staff have incorporated feedback from Council into a draft letter to be sent to the Hon. Paul Calandra, Minister of Municipal Affairs and Housing. This letter is below for Council's consideration. Subject: Feedback on Proposed Changes to the Municipal Accountability Act, 2024 Dear Minister Calandra, I am writing on behalf of Elgin County Council to provide feedback on the proposed Municipal Accountability Act, 2024, introduced on December 12, 2024. We appreciate the Ministry's commitment to strengthening the municipal code of conduct and integrity commissioner framework, and we acknowledge the value of these proposed changes in promoting consistency and accountability across Ontario municipalities. After careful consideration, Council is supportive of the first two proposed changes- 1 . The creation of a standard municipal code of conduct and standard integrity commissioner investigation processes to ensure consistency across Ontario municipalities. 2. The establishment of a role for the Integrity Commissioner of Ontario to provide training and guidance to municipal integrity commissioners, supporting effective and fair investigations. However, Council has concerns regarding the third proposed change related to the removal and disqualification of council members and certain local board members. Specifically, we believe the mechanism proposed —requiring a unanimous vote of council after a recommendation from the local integrity commissioner and a concurring report from the Integrity Commissioner of Ontario —is insufficient. Council believes that the decision to remove a duly elected individual from office is a significant and highly controversial matter. Such a decision should not rest solely with the local council, even in the case of a unanimous vote. We feel strongly that this process would benefit from an independent, third -party judicial review following the integrity commissioner's ruling and the council's vote. This additional safeguard would help ensure that any such decision is made with the utmost fairness and impartiality, reducing the risk of political bias or undue influence. Given the gravity of removing an elected official from office, an independent judicial review would provide an important final step in the process, helping to maintain public trust in the integrity of the system and ensuring that decisions are made transparently and with due process. We respectfully urge the Ministry to consider amending the third proposed change to include an independent judicial review as the final step in the process. This would Page 81 of 131 provide greater confidence in the fairness and legitimacy of any decision to remove or disqualify a member of council. Thank you for considering our feedback. We remain committed to supporting safe, respectful, and accountable municipal governance and look forward to continuing to work together to improve the framework for municipal conduct. Sincerely, Warden Grant Jones 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: None. Communication Requirements: Should Council approve this letter, Staff will ensure it is submitted by February 10, 2025. Conclusion: Staff have incorporated Council feedback regarding proposed changes to the Municipal Accountability Act, 2024 into a single letter for submission to the Ministry of Municipal Affairs and Housing. Page 82 of 131 All of which is Respectfully Submitted Approved for Submission Katherine Thompson Blaine Parkin Manager of Administrative Services/Deputy Clerk Chief Administrative Officer/Clerk Page 83 of 131 ElginCounty Report to County Council From: Katherine Thompson, Manager of Administrative Services/Deputy Clerk Date: January 28, 2025 Subject: Draft Procedural By -Law Recommendation(s): THAT the report titled "Draft Procedural By -Law" from the Manager of Administrative Services/Deputy Clerk dated January 28, 2025, be received and filed, and THAT Staff incorporate any additional Council feedback into a final version of the updated Procedural By -Law, and THAT this report acts as Notice of the intent to repeal By -Law 19-41 and related amendments 20-47, 21-42, and 24-40 and adopt a new by-law to regulate the proceedings in the Municipal Council of the Corporation of the County of Elgin. Introduction: Council provided feedback regarding proposed changes to the Elgin County Procedural By -Law at the Regular Council Meetings held on October 22, 2024, November 12, 2024, and December 12, 2024. Staff have incorporated these changes into a draft updated Procedural By -Law for Council's consideration. Background and Discussion: On October 22, 2024, Staff began the process of updating the County of Elgin's Procedural By -Law. This process began by consulting Council on a number of proposed changes. At this meeting Council approved the following updates for inclusion into the final version: • Removing discrepancies and redundancies across the entire By -Law. • Adding a section related to Video Equipment and Recording Devices. • Ensuring that Notice procedures were consistent with the newly updated Notice By -Law (24-15). • Clarifying the differences between Special Meetings and Emergency Meetings and the requirements for Notice related to these types of meetings. • Adding procedures for calling and providing Notice for Public Meetings. Page 84 of 131 Consolidating By -Law Amendment 20-47 related to Electronic Participation into the updated By -Law. Clarifying the procedures governing Delegations and approving a list of prohibited Delegation topics. Reorganizing Rules of Debate into one section and adding additional procedures for several different types of Motions. Inaugural Meeting and Annual Election of the Warden On November 12, 2024, at Council's request, Staff brought forward suggested changes to By -Law Amendment 21-42 which governed the procedures related to the Inaugural Meeting of Council and the Annual Election of the Warden. Council provided feedback which staff incorporated into By -Law Amendment 24-40 which was adopted on November 26, 2024. The changes that took effect on November 26, 2024, and have been incorporated into the attached draft by-law. Proposed Changes to Council Structure At the October 22, 2024, meeting, Elgin County Council directed staff to investigate alternatives to the existing structure of Council meetings that would allow for more public input and follow a more traditional Committee of the Whole structure. On December 12, 2024, Council approved a new structure that will split Council and Committee of the Whole into separate meetings. Recommendations of the Committee of the Whole will not be finalized until the next Council meeting, allowing for additional comment by members of the public or Councillors, should they choose to do so. The proposed changes to the structure of Council meetings are designed to incorporate elements of a more traditional Committee of the Whole structure, while maintaining a process that is streamlined and modern. This structure change also included the addition of a Members Motions section in Committee of the Whole, that will replace Notice of Motion. At this meeting, Council approved these proposed changes and recommended they be incorporated into the final draft of the updated by-law. Staff are asking that Council review the draft by-law and provide any additional feedback for incorporation before a final version of the by-law is brought forward for adoption on February 11, 2025. Staff are also recommending that the by-law does not come into effect until April 1, 2025, which will give staff several Council cycles to update templates and processes related to the proposed structure change. Financial Implications: None. Alignment with Strategic Priorities: Page 85 of 131 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: Should Council adopt a new Procedural By -Law on February 11, 2025, a copy of the by- law will be posted on the County of Elgin's website, in the Council Portal on the Elgin County Intranet, and shared with the Elgin County Executive Leadership Team, and Elgin's Local Municipal Partners. Conclusion: Staff have drafted an updated Procedural By -Law incorporating feedback received from Council on October 22, November 12, and December 12, 2024. Staff will incorporate any additional feedback from Council and bring the by-law forward for final adoption at the February 11, 2025, Regular Meeting of Council. All of which is Respectfully Submitted Approved for Submission Katherine Thompson Blaine Parkin Manager of Administrative Services/Deputy Clerk Chief Administrative Officer/Clerk Page 86 of 131 By -Law No. 25-XX "TO REGULATE THE PROCEEDINGS OF THE MUNICIPAL COUNCIL OF THE Isle] N li] 0lil9 [0] Ll[o] a 9:I : 9K0111 LlIII WYi] M : I Icrl I LlW WHEREAS pursuant to Section 238 of the Municipal Act, 2001, S.O 2001, Chapter M 45, as amended, every municipality shall pass a procedure by-law for governing the calling, place and proceedings of Meetings; and WHEREAS the Council of the Corporation of the County of Elgin did pass By -Laws No. 19-41, 18-38, 11-06, 07-36, 03-33, 02-37 and amendments thereto in order to make and establish rules and regulations for governing the proceedings of Council; and WHEREAS the Council of the Corporation of the County of Elgin deems it necessary to update the Procedural By -Law to govern the proceedings of Council that reflects the current practices, procedures and statutory requirements of Council; NOW THEREFORE BE IT RESOLVED THAT the Municipal Council of the Corporation of the County of Elgin enacts as follows: 1. THAT this By -Law comes into force and takes effect upon passing. 2. THAT By -Laws No. 19-41, 20-47, 21-42, 24-40 and any previous By -Law inconsistent with this By -Law be and are hereby repealed. READ A FIRST, SECOND, AND THIRD TIME AND FINALLY PASSED THIS 11th DAY OF FEBRUARY 2025. Blaine Parkin, Grant Jones, Chief Administrative Officer/Clerk. Warden. Page 87 of 131 APPENDIX "A" By -Law No. 25-XX Rules of Order and Procedures Governing the Municipal Council of the Corporation of the County of Elgin. Table of Contents 1. Short Title............................................................................................ 2. Definitions............................................................................................ 3. Purpose............................................................................................... 4. Principles of the Procedural By -Law .................................................... 5. General Provisions.............................................................................. 6. Suspension of the Rules...................................................................... 7. Video Equipment and Recording Devices ........................................... 8. Council Composition............................................................................ 9. Inaugural Meeting and Annual Election of Warden .............................. 10. Appointment of Deputy Warden........................................................... 11. Meetings of Council/Committee of the Whole ...................................... 11.1 Location and Schedule of Meetings of Council ............................. 11.2 Notice of Meetings of Council....................................................... 11.3 Special Meetings of Council......................................................... 11.4 Emergency Meetings of Council ................................................... 11.5 Notice of Emergency Meetings of Council .................................... 11.6 Public Meetings............................................................................ 11.7 Committee of the Whole............................................................... 11.8 Notice of Committee of the Whole Meetings ................................ 11.9 Cancellation or Postponement of Meetings .................................. 11.10 Invalidation of Notice of Meeting .................................................. 11.11 Quorum......................................................................................... 11.12 Late Arrival................................................................................... 11.13 Electronic Participation................................................................. 12. Preparation of the Agendas of Council ............................................. 13. Agenda............................................................................................ 14. Changes in Order of Agenda of Council or Committee of the Whole 15. Matters of Urgency/Addendum to Agenda (Approval of Agenda)..... 16. Pecuniary Interest............................................................................ 17. Minutes............................................................................................ 18. Introductions, Recognitions, Memorials ........................................... 19. Petitions, Delegations, Correspondence .......................................... 20. Reports............................................................................................ 21. Correspondence.............................................................................. 22. Motions from Other Municipalities and Organizations Requesting Endorsement.............................................................................................. 23. Statements/Inquiries by Members .................................................... .. 4 .. 4 .. 6 .. 7 7 .. 7 8 8 .. 9 10 10 10 11 11 11 12 12 12 13 13 13 13 14 14 16 16 17 17 17 18 18 18 20 21 22 22 Page 88 of 131 ON 24. Members Motions........................................................................................... 22 25. Rules of Debate.............................................................................................. 22 26. Readings of By -Laws and Proceedings.......................................................... 27 27. Open Meetings and Closed Session Meetings...............................................27 28. Duties of the Warden and Chair...................................................................... 30 29. Council Member Roles and Responsibilities...................................................32 30. Restriction on Power of Members...................................................................33 31. Absence of Warden and/or Deputy Warden .................................................... 33 32. Alternate Council Member.............................................................................. 33 33. Member Vacancy............................................................................................ 36 34. Administrative Authority of Clerk..................................................................... 37 35. Organization of Committees............................................................................37 36. Repeal of Amendment of this By-Law............................................................. 38 37. Public Record..................................................................................................38 38. Severability..................................................................................................... 38 3 Page 89 of 131 1. Short Title 1.1 This By -Law shall be cited as the "Procedural By -Law". 2. Definitions 2.1 In this By -Law: "Act" means the Municipal Act, 2001 S.O. 2001, Chapter 25, as amended. "Adjourn" means to conclude the meeting. This motion requires a second, is not debatable, requires a majority vote for adoption and cannot be reconsidered. "Advisory Committee" means a committee established by Council to advise on matters which Council has deemed appropriate for the Committee to consider. "Ad Hoc Committee" means a committee, sub -committee or similar entity of which at least 50 percent of the Members are also Members of Council, appointed by Council to review and report on a specific issue. Once the final report is delivered and a resolution of Council is adopted concerning the specific issue, the Ad Hoc Committee is automatically dissolved. "Alternate Member" means an authorized individual who, during the absence of the Member for whom that individual is an alternate, shall act in the place and stead of such member and perform such other duties as assigned. "Business Day" means the days of the week in which Council or Committee shall conduct its business transactions and hold meetings, excluding Saturday and Sunday or statutory holidays. "Clerk" means the Clerk of the County of Elgin or their designate. Clerk means the person duly appointed, by By -Law pursuant to Section 228 of the Act, as the Clerk of the County. "Chair" means the position of the person appointed to preside, or presiding at, a meeting, whether that person is the regular Chair or not. "Closed Session" means a meeting of Council or Committee that is not open to the public, pursuant to Section 239 of the Act or any successor provision thereto. "Committee" means any advisory or other committee created by Council, of which at least one Member is also a Member of Council, which is established under any Act with respect to the affairs or purposes of one or more municipalities. "Committee of the Whole" means the Committee of which all Members present sit on Council and reports directly to Council. The purpose of this committee is to enable Council to give detailed consideration to a matter under conditions of freedom approximating that of a committee. When sitting as Committee of the Whole, the results of votes taken are not final decisions of Council but have the status of recommendations which Council is given the opportunity to consider further and which it votes on during a Regular Meeting of Council. "Confidential Matter" means those items of business discussed in Closed Session "Council" means the elected Mayors and/or Deputy Mayors or alternate(s) of the County's constituent municipalities when they sit in deliberative assembly. "County" means the Corporation of the County of Elgin. Page 90 of 131 "Delegation" means to address Council or a Committee at the request of the person wishing to speak. "Deputy Warden" means the Member of Council who has most recently held the position of Warden or has been elected Deputy Warden in accordance with the procedures of this By -Law. "Ex-Officio" means a Member who has the right, but not the obligation, to participate in the proceedings of the meeting, and is not counted in determining the number required for a quorum or whether a quorum is present at a meeting. Ex-Officio cannot attend a committee meeting if by attending a quorum of Council is created. "Inaugural Meeting" means the first meeting of Council after a regular election, as set out in the Act, or the first meeting following the election of a Warden, as set out in this By -Law, as context requires. "Majority" means more than half of the votes cast by Members entitled to vote. "Meeting" means an event wherein business is transacted for any regular or special purpose by Council or local board, or a Committee or sub -Committee of either of them, as the case may be, where, (a) a quorum of Members is present, and (b) Members discuss or otherwise deal with any matter in a way that materially advances the business or decision -making of Council, local Board or Committee. "Member" means a person duly elected to hold office with the County of Elgin's constituent municipalities, pursuant to the Municipal Elections Act, 1996 S.O. Chapter 32, as amended; or a person appointed by Council to a Committee. "Minutes" means a written record of meetings of Council prepared by the Clerk without note or comment, and the Minutes are to include the events of the meeting, a list of attendees, a statement of the issues considered by the Members, related responses and decisions on issues. "Motion" means a proposal moved by a Member, and if moved in Council or Committee, seconded by another Member, to adopt, amend or otherwise deal with a matter before Council or Committee. "Municipal Office" means 450 Sunset Drive, St. Thomas, Ontario, N5R 5V1 or any location in the County subsequently designated as its municipal office. "Notice" means written Notice, except where legislation, By -Law or Corporate Policy provides for another form and manner of Notice. "Open Meeting" means a Meeting at which a quorum of Members is present, and they discuss or otherwise deal with a matter in a way that materially advances the business or decision -making of the relevant council, local board or Committee. "Pecuniary Interest" means an interest, whether direct or indirect, that meets the criteria set out in the Municipal Conflict of Interest Act, RSO 1990, c. M.50, ss. 2, ss. 3. "Point of Order" means a statement made by a Member during a meeting, drawing to the attention of the Chair a breach of the rules of procedure. "Point of Privilege" means a Motion concerning the health, safety, rights or integrity of the Members, the Council, a Committee, staff, or anyone present at a Meeting. "Pregnancy and Parental Leave" for the purposes of this By -Law means the period of time the Member of Council will not attend meetings of Council or any Committee to which the Member has been appointed as a result of the Member's pregnancy, the birth of the Member's child or the adoption of a child by the Member. Page 91 of 131 "Quasi -Judicial Board" means a local board or committee that has been delegated Council's decision -making powers and makes quasi-judicial decisions. "Question" means a Motion that has been appropriately placed before Council or Committee. Only once duly recognized by the Chair and "on the floor" can a Motion be debated and put to a question of the Members for proper resolution. "Quorum" means, in the case of Council, a majority of Members, pursuant to Section 237 of the Act. In the case of a Committee of Council, quorum is a majority of the whole number of Members of the Committee, including the Chair. "Recorded Vote" means a vote taken on a matter of business, whereupon the Clerk duly notes the name of each Member present and their vote in the Minutes, as provided for in Section 246 of the Act. Section 246(2) of the Act specifically notes that a failure to vote by a Member who is present at the Meeting at the time of the vote and who is qualified to vote shall be deemed to be a negative vote. "Reports" means written documents by Councillors, municipal employees, committees, consultants or other individuals appointed at the pleasure of the Council for the purpose of providing advice, alternatives, information, and/or recommendations on various matters. "Resolution" means a Motion that has been carried by Council or Committee. "Rules of Procedure" means the rules and regulations provided in this By -Law and, where necessary, Robert's Rules of Order (Newly Revised). "Secretary" means the person responsible for recording the Minutes of Council or Committee meetings, the preparation of the agenda and the preparation of any resulting correspondence, as designated by the Clerk. "Special Meeting" means a meeting not scheduled in accordance with the approved schedule of meetings. "Standing Committee" means a Committee established by Council, comprised entirely of Members of Council, to carry out duties on an ongoing basis, as specified by Council. "Steering Committee" means any advisory body, roundtable or other body Council established to advise on specific areas of interest, with Members of the public and staff making up more than 50 per cent of the membership and Council Members or other elected officials making up the rest. "Warden" means the Warden of the Corporation of the County of Elgin, in accordance with the Act, and the term is interchangeable with "Chair", "Chief Executive Officer (CEO)", and "Head of Council" for the purposes of conducting Committee meetings. "Website" means the County of Elgin website address identified as mn .� Il41:!�.�:�.�:�.u1.l:! `f.�:�.r .......... 3. Purpose 3.1 This By -Law establishes the rules of order for the Council of the Corporation of the County of Elgin Council Meetings. 3.2 The rules governing the procedure of Council and the conduct of Members of Council shall be observed in Committee of the Whole so far as they are applicable. Page 92 of 131 4. Principles of the Procedural By -Law 4.1 The principles of openness, transparency and accountability to the public guide the County's decision -making process. In the context of Council proceedings, this is accomplished by: 4.1.1 Ensuring the decision -making process is understood by the public and other stakeholders; 4.1.2 Providing access to information and opportunities for input by the public and other stakeholders consistent with the requirements of this By -Law and other statutory requirements; 4.1.3 Exercising and respecting individual and collective roles and responsibilities provided for in this Procedural By -Law and other statutory requirements; and 4.1.4 The protection of basic rights by recognizing the right of the majority to decide, the minority to be heard and individuals to participate. 4.2 The principles of parliamentary law governing Council include: 4.2.1 The majority of Members have the right to decide; 4.2.2 The minority of Members have the right to be heard; 4.2.3 All Members have the right to information to help make decisions, unless otherwise prevented by law; 4.2.4 All Members have a right to an efficient Meeting; 4.2.5 All Members have the right to be treated with respect and courtesy; and 4.2.6 All Members have equal rights, privileges and obligations. 5. General Provisions 5.1 In the event of conflict between this By -Law and a valid and binding statute, the provisions of the statute prevail. 5.2 A specific statement or rule in this By -Law supersedes a general statement on the same subject matter. 5.3 If there is a conflict between two or more rules in this By -Law, or if there is no specific rule on a matter, the Chair will rule. In making a ruling, the Chair may consult the Clerk, rely on previous rulings or practices, or refer to Robert's Rules of Order (Newly Revised). 6. Suspension of the Rules 6.1 The rules and regulations contained herein that are discretionary and not mandatory under statute may be temporarily suspended by a two-thirds vote of the whole Council, with the exception of the following circumstances: 6.1.1 Where required by law; 6.1.2 Contractual agreements binding the County; 6.1.3 Amending this Procedural By -Law; and, 6.1.4 Quorum requirements. 7 Page 93 of 131 7. Video Equipment and Recording Devices 7.1 The County will make a reasonable effort to ensure that live streaming and video recordings of Council and Committee meetings are available to the public. However, there may be situations where the live streaming and video recordings may be unavailable or delayed due to technical difficulties. Meetings will not be cancelled or postponed due to technical issues with live streaming or recording of meetings if Council Chambers is physically open and accessible to the public. 7.2 If live streaming and/or video recordings are unavailable or delayed due to technical difficulties, the Warden or Committee Chair may, at their discretion, delay the meeting until the public and media may be notified. 7.3 Where a meeting of Elgin County Council is held at a location other than the Elgin County Council Chambers, it will not be live streamed. 7.4 The official record of all Council/Committee Meetings shall be written in minutes in accordance with the Municipal Act, 2001 Section 239(1) which states that minutes of meetings are to be recorded without note or comment by the Clerk. 8. Council Composition 8.1 Section 458 of the Act provides that, as of January 2, 2003, the composition of the Council of a municipality, the method of electing or appointing its Members, the number of votes given to each Member and the titles of its Members shall be the same as they were on December 31, 2002. On December 31, 2002, pursuant to By -Law 97-8 passed on March 18, 1997, the composition of the Corporation of the County of Elgin Council ("Elgin County Council") was: County Council will have nine (9) Members, being the Mayors from each of the seven (7) municipalities within the County of Elgin and the Deputy Mayors of the Municipality of Central Elgin and the Township of Malahide, thereby constituting the composition of such Council as follows: 8.1.1 Municipality of West Elgin — One (1) Member (the Mayor); 8.1.2 Municipality of Dutton Dunwich — One (1) Member (the Mayor); 8.1.3 Township of Southwold — One (1) Member (the Mayor); 8.1.4 Municipality of Central Elgin — Two (2) Members (the Mayor and the Deputy Mayor); 8.1.5 Township of Malahide — Two (2) Members (the Mayor and the Deputy Mayor); 8.1.6 Town of Aylmer — One (1) Member (the Mayor); and 8.1.7 Municipality of Bayham — One (1) Member (the Mayor). 8.2 The Head of Council, the Warden, will be elected by County Council from amongst the Members of Council on an annual basis. 8.3 Each Member of Council will have one (1) vote. 8.4 As provided for in the Act, the Councils of the seven (7) municipalities have the authority to appoint alternates from the Members of Council to represent the municipality on County Council in the absence of Mayor and/or Deputy Mayor in accordance with Section 32 of this Procedural By -Law. Page 94 of 131 8.5 The term of office of Warden shall be one (1) year. 9. Inaugural Meeting and Annual Election of Warden 9.1 A person elected or appointed as a Member of Council shall not take a seat on Elgin County Council until the Clerk has received the certificate from the constituent municipality certifying the name of each person elected or appointed. 9.2 No business shall be conducted at the first meeting of Council after a regular election until after the declarations of office have been made by all members who present themselves for that purpose. 9.3 The first Meeting of County Council after a regular election shall be held in the evening of the second Tuesday of the month of December, or at such hour and on such day thereafter as the majority of the members of the Council are present in the Council Chambers but in any case, not later than 31 days after its term commences, as provided for in the Act. 9.4 The annual election of the Warden shall be held in the evening of the second Tuesday of the month of December, or at such hour and on such day thereafter as the majority of the Members of Council are present in the Council Chambers. 9.5 Section 233 of the Act requires Council to appoint the Head of Council ("Warden") at its first Meeting. No other business shall be conducted until the Head of Council is confirmed. 9.6 For the appointment of the Warden, the following regulations and procedures shall be followed: 9.6.1 The Clerk shall take the Chair; 9.6.2 The Clerk shall prepare ballots for voting; 9.6.3 The Clerk shall inform the members that they are ready to proceed with the election of Warden, unless only one member indicates their intention to run for the Office, in which case the election procedure is dispensed with in favour of a resolution appointing the Warden; 9.6.4 The Clerk shall ask those members of Council seeking the Office of Warden to stand; 9.6.5 The Clerk shall announce that any person aspiring to the position of Warden shall be granted an opportunity, not exceeding five (5) minutes, to address Council. Candidates will address Council in alphabetical order; 9.6.6 Voting shall be by secret ballot. Balloting will continue until a candidate obtains a majority of votes. 9.6.7 If after one round of balloting, no candidate has achieved a majority, another round of balloting will follow. If no candidate has achieved a majority after this second round of balloting, each candidate standing for the position of Warden shall have an additional opportunity, not exceeding five (5) minutes, to address Council. Candidates will address Council in alphabetical order by surname. 9.6.8 The process described in 9.6.7 will repeat until one of the Candidates has achieved a majority. References to rounds of balloting shall be construed to mean each round subsequent to the opportunity for candidates to address Council. Page 95 of 131 9.6.9 By Motion, the Clerk shall be directed to destroy the ballots after the election has been completed; 9.6.10 For the purposes of electing the Warden, each Member of County Council shall have one vote; 9.6.11 The Warden -Elect shall forthwith sign and declare and read aloud the Declaration of Office and, on completion thereof, they shall take the Chair. 10. Appointment of Deputy Warden 10.1 A position of "Deputy Warden" shall be held by the most immediate past Warden who is a member of Council. In the event that there are no Past Wardens on Council following a Municipal Election, Council shall vote and appoint a Deputy Warden at the Inaugural Meeting. Voting shall be by secret ballot and follow the same procedure set out for the Election of the Warden in Section 9 of this By - Law. The election of the Deputy Warden, when necessary, will follow the election of the Warden. 10.2 Any Member who was not elected Warden shall be eligible to stand for the election to the office of Deputy Warden. 10.3 The Warden may request said Deputy Warden or any other member of Council to represent him or her at any Meeting or function where the Warden is unable to attend. 10.4 If the Warden, at any point during their term, is unable to continue in their role, the Deputy Warden will fulfill the duties of the Warden on a temporary basis until an election of Warden occurs using the same procedure described in section 9. Such election shall be held as soon as practicable. 10.5 The Deputy Warden attending functions on behalf of the Warden, shall be paid mileage at the same rate established for the use of personal vehicles for County business and any other eligible "out of pocket" expense that may occur. 11. Meetings of Council/Committee of the Whole 11.1 Location and Schedule of Meetings of Council 11.1.1 After its Inaugural Meeting, Council shall meet in the Council Chambers of the Elgin County Administration Building, 450 Sunset Drive, St. Thomas, ON or other designated location, at a time designated by the Warden, with regular meeting generally being on the second and fourth Tuesday of each month, subject to such changes, additions or deletions to the meeting schedule as may be made pursuant to the Act and when Notice is given; 11.1.2 Council shall approve a schedule of regular Meetings of Council and Committee of the Whole for each calendar year, which may be amended. The schedule of Meetings is made available to the public on the County's website and from the Municipal Office; 11.1.3 As soon after the time appointed for a Meeting of Council as a Quorum is present, the Warden shall assume the Chair and call the Meeting to order; 11.1.4 Council shall always recess/adjourn no later than 12:00 noon and 6:00 P.M., if in a Meeting at these hours, unless otherwise determined by a resolution, but in all cases shall adjourn no later than 10:00 P.M.; and 10 Page 96 of 131 11.1.5 The Members of Council shall not leave their places on adjournment, until the Warden or other Presiding Officer leaves the Chair. 11.2 Notice of Meetings of Council 11.2.1 The agenda shall be considered as Notice of Regular Meetings of Council and By -Law 24-15, being a By -Law to establish a policy respecting the manner in which Notice will be provided, as amended, shall be utilized in respect thereof; 11.2.2 Notice will be given by providing Council with a regular agenda on each Thursday preceding a Meeting Day of Council, being five (5) days Notice. Public Notice will be provided on the Friday preceding a Meeting Day of Council, being four (4) days Notice. 11.2.3 Reports or actions before Council that require enactment of a By -Law, with Notice, shall be subject to terms of the By -Law 24-15, as amended; and 11.2.4 The Clerk gives Notice of a Meeting of Council by: 11.2.4.1 Providing Council with a regular agenda on each Thursday preceding a Meeting day of Council. 11.2.4.2 Where required, providing Council with a Closed Session agenda in accordance with the publishing timeframes set out of regular, addenda and additional addenda set out in Sections 12, 14 and 15. 11.3 Special Meetings of Council 11.3.1 If a matter arises which, in the opinion of the Clerk, in consultation with the Warden, is considered to be of an urgent or time sensitive nature, or warrants a meeting separate from the next regularly scheduled Council Meeting, the Notice requirements of By -Law 24-15, as amended, may be waived and the Clerk will provide Notice in accordance with Section 11.2 of this By -Law. 11.3.2 A Special Meeting of Council may be called by the Warden at any time. A Special Meeting of Council is limited to business matters included in the Notice of Meeting; and 11.3.3 When the Clerk receives a petition for a Special Meeting of Council signed by a majority of the Members of Council, a Special Meeting of Council is called for the purpose and at the time identified in the Petition. The Petition shall include: 11.3.3.1 Original signatures of Members; 11.3.3.2 A clear statement of the purpose of the Special Meeting; 11.3.3.3 A proposed date and time for such Special Meeting. 11.4 Emergency Meetings of Council 11.4.1 Notwithstanding any other provision in this By -Law, the Warden may, at any time, call or provide Notice of an Emergency Meeting of Council if a matter arises which could affect the health, well-being, or security of residents of the County, and/or if a state of emergency is declared by any Provincial Ministry; and 11 Page 97 of 131 11.4.2 An Emergency Meeting of Council is limited to business matters included in the Notice of Meeting; and 11.4.3 In the case of an emergency, Council may hold its Meetings at any convenient location within or outside the territorial limits of Elgin County. 11.5 Notice of Emergency Meetings of Council 11.5.1 The Clerk gives Notice of Emergency Meetings of Council to Members by: 11.5.1.1 Providing Council with an agenda in person or by telephone, mail, or electronic mail at least 24 hours prior to the Meeting. 11.5.1.2 Posting a Notice on the County's website, if possible, under the circumstances. 11.5.1.3 Where items 11.5.1.1 and 11.5.1.2 cannot be achieved, posting a Notice at the Main Entrance to the Municipal Office that indicates the date and time of the Emergency Meeting of Council and the purpose of the Emergency Meeting. 11.6 Public Meetings 11.6.1 Where any statute confers a right to be heard by Council before the passing of a by-law, or where Council is by statute required to hold a public meeting before the passing of a by-law, the Clerk shall call a Public Meeting. 11.6.2 The Clerk may call a Public Meeting at any time where so directed by the Head of Council for the purpose of soliciting feedback from the public on issues of importance to Council. 11.6.3 Notice of a Public Meeting shall meet the notice requirements of the statute under which the Public Meeting is required. If the Public Meeting is not required by statute, notice shall be provided in accordance with Section 11.2 of this By -Law. 11.6.4 Delegations at a Public Meeting are not required to provide written submissions to the Clerk in advance of the meeting, unless otherwise prescribed by legislation. However, Delegations are encouraged to provide written submissions to the Clerk in order to facilitate the efficient conduct of the meeting. 11.6.5 The procedures set out in this By -Law shall continue to apply to a Public Meeting held pursuant to this section, except that this section and the statute or by-law under which the Public Meeting is required, shall prevail to the extent of any conflict. 11.7 Committee of the Whole 11.7.1 Committee of the Whole Meetings shall be held immediately following regular council meetings in the Council Chambers at 450 Sunset Drive St. Thomas, or any other location and/or time designated by the Clerk. 11.7.2 Unless otherwise provided for in this by-law or on an agenda, Council shall receive Members Motions and Reports in Committee of the Whole. 11.7.3 When sitting as Committee of the Whole, the results of votes taken constitute resolutions of the Committee of the Whole and not resolutions 12 Page 98 of 131 of Council. All resolutions made by the Committee of the Whole while convening in accordance with this section shall be forwarded to the next regular meeting of Council for consideration, unless otherwise decided by Council. 11.7.4 The procedures set out in this By-law for Council meetings shall apply to meetings of the Committee of the Whole insofar as practicable. 11.8 Notice of Committee of the Whole Meetings 11.8.1 The agenda shall be considered as Notice of Committee of the Whole Meetings and By -Law 24-15, being a By -Law to establish a policy respecting the manner in which Notice will be provided, shall be utilized in respect thereof; 11.8.2 Notice will be given by providing Council with an agenda on each Thursday preceding a Meeting Day of Committee of the Whole, being five (5) days Notice. Public Notice will be provided on the Friday preceding a Meeting Day of Committee of the Whole, being four (4) days Notice. 11.8.3 The Clerk gives Notice of a Meeting of Committee of the Whole by: 11.8.3.1 Providing Council with a regular agenda on each Thursday preceding a Meeting Day of Committee of the Whole. 11.9 Cancellation or Postponement of Meetings 11.9.1 A regular, special, or emergency Meeting of Council or a Committee of the Whole Meeting may be cancelled or postponed where Quorum cannot be achieved, by Council resolution, in the event of an emergency, or where the Meeting is no longer required, as deemed by the Warden and/or Clerk; and 11.9.2 The Clerk gives Notice on the County's website and time permitting, through the local media, of a cancellation or postponement of a regular, special, or emergency Meeting of Council or a Committee of the Whole Meeting. Where time is limited, a Notice is posted at the main entrance to the Municipal Office. 11.10 Invalidation of Notice of Meeting 11.10.1 If Meeting Notice is substantially given but varies from the form and manner provided in this Procedural By -Law, the ability to hold the Meeting and actions taken at the Meeting are not invalidated. 11.11 Quorum 11.11.1 Members of Council will attempt to advise the office of the Clerk at least two days in advance if unable to attend a Meeting of Council. If Quorum cannot be met, the Meeting may be cancelled by the Clerk; 11.11.2 Unless there shall be a Quorum present within thirty (30) minutes of the time appointed for the Meeting of Council, Council shall then stand absolutely adjourned until the date of the next regular Meeting and the Clerk shall record the names of the Members present at the expiration of such thirty (30) minutes; and 13 Page 99 of 131 11.11.3 A majority of the Members of the whole Council will constitute a quorum and be necessary for the transactions of business. A majority of all Members of Council shall be determined as five (5) Members of Council. 11.11.4 Where there is an insufficient number of Members of Council present to achieve Quorum at a Meeting of Council due to a provision of the Municipal Conflict of Interest Act, RSO 1990, c. M.50, ss. 2, ss. 3., the remaining Members of Council constitute Quorum, provided that such number in no case be less than two (2). 11.12 Late Arrival 11.12.1 If a Member arrives late at a Meeting, any prior discussion is not reviewed without the consent of the Members present. 11.13 Electronic Participation 11.13.1 Pursuant to Section 238 (3.1) of the Municipal Act, 2001, as amended, the following rules and regulations for electronic participation in a Council Meeting shall apply: 11.13.1.1 A Member who is unable to attend a Council Meeting in person may participate in any and all sessions of that Meeting, including but not necessarily limited to open and closed sessions thereof, by electronic or other communication facilities if, 11.13.1.1.1 The facilities enable all participating Members, whether attending in person or through electronic participation, to hear and be heard by all other Members. 11.13.1.1.2 Except for all or any part of the Council Meeting that is closed to the public, the electronic or other facilities are capable of and enable the public to hear, or watch and hear, all Members participating in the Meeting. 11.13.1.1.3 A Member who intends to participate in any such Meeting of Council by electronic or other communication facilities shall give to the Clerk Notice of that intention at least 24 hours prior to the commencement of such Meeting, provided that, if Notice of such Meeting is provided less than 24 hours prior to its scheduled commencement, then the Member shall give to the Clerk as much notice as possible prior to commencement of such Meeting. In all such circumstances, the Clerk will, as soon as reasonably possible, provide the Member intending to attend by electronic participation with instructions on how to connect to and participate in that Meeting by electronic or other communication facilities. 11.13.1.2 There shall be no limit upon the number of Members who may attend a Meeting of Council by electronic or other communication facilities. 11.13.1.3 The following rules apply to Meetings where any Member is 14 Page 100 of 131 participating electronically: 11.13.1.3.1 The Warden (or designate), as Chair, shall lead the Meeting and, when possible and/or appropriate, be present from a designated meeting location supported by the Clerk (or designate). 11.13.1.3.2 Each Member attending the Meeting by electronic or other communication facilities shall notify the Chair and other Members when they join the Meeting and, if and when applicable, upon leaving the Meeting. 11.13.1.3.3 Any Member attending and present during a Meeting by electronic or other communication facilities shall be counted for purposes of quorum at the commencement of and at any point in time during the Meeting. 11.13.1.3.4 Any Member attending and present during a Meeting by electronic or other communication facilities may participate in all aspects of the Meeting as if present in person, including but not limited to debate, questioning, presentation of motion, and/or voting. 11.13.1.3.5 During the course of a Meeting within which any Member is participating by electronic or other communication facilities, the Chair (or designate) shall announce each agenda item on the floor of the Meeting and shall thereafter maintain an orderly meeting process, including keeping Members fully informed. 11.13.1.3.6 Any Member attending and present during a Meeting by electronic or other communication facilities may vote on any matter being considered in such Meeting and that vote shall be counted and, as set forth below. 11.13.1.3.7 During the course of each vote conducted within such Meeting, 11.13.1.3.7.1 The Clerk shall call the name of each Member to vote and they shall signal "yea", "nay', or "abstain". 11.13.1.3.7.2If the Member, aftertwo attempts, fails to respond to the call of their name, then the vote is considered as "nay", unless directed otherwise by the Chair. 11.13.1.3.8 During the course of the Meeting, 11.13.1.3.8.1 Each Member shall remain silent and attentive to the proceeding when not assigned to the floor by the Chair. 15 Page 101 of 131 11.13.1.3.8.2 Each Member shall listen for their name to be assigned to the floor to speak or to vote. 11.13.1.3.8.3 All Members shall take and abide by the directions of the Chair in order to facilitate an effective, efficient, and orderly Meeting. 11.13.2 The above rules and practices shall apply to all sessions of the Meeting, whether open or closed to the public. 12. Preparation of the Agendas of Council 12.1 The Clerk and their staff are charged with providing guidance and recommendations to Council related to municipal business and to implement the decisions of Council. 12.2 The Clerk shall chair a regularly scheduled meeting of senior staff and invited attendees to review draft agenda items in order to support the business of Council. 12.3 The Clerk shall either personally or by their approved staff establish an administrative process to support the approval, preparation, Notice, publication and distribution/public access to agendas and agenda items. 13. Agenda In respect of a Regular, Special or Emergency Meetings of Council, or a Meeting of Committee of the Whole, the Clerk shall have prepared an agenda of the Orders of the Day, containing: 13.1 Regular/Special/Emergency Meeting of Council 1St Meeting Called to Order 2nd Approval of Agenda 3rd Introductions, Recognitions, Memorials 4th Adoption of Minutes 5th Disclosure of Pecuniary Interest and the General Nature Thereof 6th Presenting Petitions, Presentations and Delegations 7th Motion to Adopt Recommendations from the Committee of the Whole 8th Committee Recommendations 9th Reports for Information and Immediate Consideration 10th Council Correspondence 11th Statements/Inquiries by Members 12th Closed Meeting Items 13th Motion to Rise and Report 14th Consideration of By -Laws 15th Adjournment 13.2 Inaugural Meeting/Annual Warden's Election 1St Meeting Called to Order 2nd Receipt of Declaration of Acclamation to Office or Declaration of Election from Councillors (the first year only after a Municipal Election) 3rd Declaration of Office by Councillors (the first year only after a Municipal Election) 4th Election of Warden Candidates for Warden to Stand Page 102 of 131 Prospective Candidates to Speak (alphabetical order) Proceed with Election (Ballot or Resolution) 5th Administering and Signing of the Declaration of Office 6th Gowning 7th Presentation by Past Warden Chain of Office Lord Elgin Watch Gavel of Office 8th Warden's Address 9th Resolution to Destroy the Ballots (if required) 10th Recess 13.3 Public Meetinq 1St Meeting Called to Order 2nd Disclosure of Pecuniary Interest and the General Nature Thereof 3rd Reports of Staff or Consultants 4th Public Comments 5th Closed Meeting Items 6th Motion to Rise and Report 7th Adjournment 13.4 Committee of the Whole Meetinq 1St Meeting Called to Order 2nd Approval of the Agenda 3rd Adoption of Minutes 4th Disclosure of Pecuniary Interest and the General Nature Thereof 5th Reports of Council, Staff or Outside Boards 6th Adjournment 14. Changes in Order of Agenda of Council or Committee of the Whole 14.1 The business of Council and Committee of the Whole is dealt with in the order stated on the published agenda, unless the Warden consents to changing the order. 15. Matters of Urgency/Addendum to Agenda (Approval of Agenda) 15.1 When, after the Agenda has been prepared and distributed as Notice of a Meeting of Council, a Member wishes to inform Council of an additional matter that, in their opinion, should be considered immediately and during the course of such Meeting, then, after notification of the Clerk, they shall present such matter to Council at such Meeting through the Chair and, with the consent of the majority of Members present, the matter shall only then be added to the Agenda and considered as an additional item under Reports for Information or Immediate Consideration without any prior or further Notice being given or required. 15.2 If Council deems appropriate, they may refer this matter to a future Committee of the Whole meeting. 16. Pecuniary Interest 16.1 As required by the Municipal Conflict of Interest Act, RSO 1990, c. M.50, ss. 2, ss. 3, a member who has any pecuniary interest, direct or indirect, in any matter and is present at a meeting of the council or local board at which the matter is subject to consideration, the member, 17 Page 103 of 131 16.1.1 Shall, prior to any consideration of the matter at the meeting, disclose the interest and the general nature thereof; 16.1.2 Shall not take part in the discussion of, or vote on any question in respect to the matter; and 16.1.3 Shall not attempt in any way whether before, during or after the meeting to influence the voting on any such question. 16.2 Where the interest of a member has not been disclosed as required in Section 16.1 by reason of the member's absence from the meeting referred to therein, the member shall disclose the interest and otherwise comply with Section 16.1. at the first meeting of the council or local board, attended by the member after the meeting where the matter was considered. 16.3 A member shall file with the Clerk a written statement of any interest declared by the Member in accordance with the Municipal Conflict oflnterestAct, RSO 1990 Act and its general nature, and the Clerk will make the disclosure publicly available and will maintain a registry of written statements of disclosure. 16.4 In the case of items to be discussed in a Closed Session Meeting, the Member declaring a pecuniary or other conflict of interest shall leave the Meeting and shall take no action to participate in, or influence, the vote of the other Members when said item is to be resolved by Council. 17. Minutes 17.1 The Minutes of Council shall consist of: 17.1.1 A record of the place, date and time of Meeting; 17.1.2 The name of the Chair, a record of all Members present, and the names of those Members who are absent; 17.1.3 The reading, if requested, correction and adoption of the Minutes of prior Meetings; 17.1.4 All other proceedings of the Meeting without note or comment. 17.2 The Clerk shall ensure that a copy of the Minutes of each Meeting is delivered to each Member of Council at least forty-eight (48) hours priorto the commencement of the Meeting of Council; and 17.3 The Clerk shall keep a permanent copy of all Council Minutes for public inspection. 18. Introductions, Recognitions, Memorials 18.1 Introductions, awards/certificate presentations, moments of silence, and other recognitions presented to/by the County, its staff or related parties. Such presentations are received or presented by the Chair. 18.2 Presentations may be up to ten (10) minutes. The consent of Council is required to extend the presentation beyond ten (10) minutes. 19. Petitions, Delegations, Correspondence 19.1 Petitions 19.1.1 Every petition, protest, or other written application intended to be presented to Council must be legibly written or printed on paper, and 18 Page 104 of 131 signed by at least one person, complete with their mailing address and telephone number. The Warden, in consultation with the Clerk, shall determine whether the delegation(s) request is suitable and appropriate for consideration by County Council. In determining the suitability of each delegation for authority to address Council, the Warden shall ensure that the request is within the purview and jurisdiction of Council; 19.1.2 Every Member presenting any petition, protest, or other written application to Council, shall examine the same and shall be answerable that they contain only relevant or proper matter and that the same is respectful and temperate in its language; They shall also endorse thereon the name of the applicant and the substance of such application, sign their name thereto, which endorsement only shall be read by the Clerk, unless a Member shall require the reading of the paper, in which case the whole shall be read; and 19.1.3 All petitions or other written communications received prior to any Meeting of Council and on any subject that falls within the jurisdiction of any outside board shall, upon presentation, be referred to the outside board by the Clerk for consideration. Any matters arising subsequently shall be referred by the Warden without Motion and no Member shall speak upon nor debate on the presentation of any such petitions or other communications to Council. 19.2 Delegations 19.2.1 Any individual or group of individuals wishing to appear before the Council on Municipal business shall notify the Clerk, in writing, at least eight (8) days prior to the date of the Council Meeting. Written briefs outlining the subject matter of the presentation shall be provided for inclusion on the agenda. 19.2.2 Delegations will be scheduled on a first come first serve basis and, the Clerk's determination as to when a deputation will be scheduled is final. 19.2.3 No more than (4) delegations shall be scheduled to address Council at any Regular, Special, or Emergency Meeting. 19.2.4 A delegation shall be limited to a maximum of fifteen (15) minutes. Council may by Motion, and with the support of the majority of its members, lengthen the time for hearing of delegations. 19.2.5 No more than three (3) persons shall be permitted to speak to a delegation, unless otherwise permitted by the Chair. 19.2.6 No individual or group shall be allowed to address Council during any Meeting of Council without the permission of the Warden or other Chair. 19.2.7 Members of Council may ask questions of a delegation but shall not enter into debate with any representative of any such delegation. With the permission of the Warden or other Chair, the Clerk may ask questions of delegations. All questions to delegations shall be addressed through the Chair. 19.2.8 Once a delegation has addressed Council, no further request on the same issue will be entertained within a 12-month period, unless written information is produced to Council and it agrees that another delegation is warranted. 19.2.9 The Warden has the discretion to limit delegations on repetitive topics, or topics that are deemed to be frivolous. 19 Page 105 of 131 19.2.10 No delegation shall be permitted regarding: 19.2.10.1 Labour relations and negotiations 19.2.10.2 Any employee relations 19.2.10.3 Litigation or Potential Litigation Matters 19.2.10.4 Advertisements for products or services 19.2.10.5 Bidders or Potential Bidders 19.2.10.6 Election campaigning 19.2.10.7 Requests for Financial Assistance and Fee Waivers Outside of Established Process 19.2.10.8 Matters which have been decided upon by Council during the current term of Council and requests for reconsideration 19.2.10.9 Matters which have been referred to staff for a report, until the matter is before Council or Committee 19.2.10.10 Matters which are the subject of an Education and Training Session 19.2.11 Delegations on excluded topics will not be scheduled or heard by the Council and the Clerk will inform the requesting party, explaining the reasons and providing references to the relevant by-law sections. 19.2.12 Council may, at their discretion, refuse to hear any delegation. 19.2.13 The Clerk shall provide all individuals or groups seeking to address Council with a copy of the appropriate section of this Procedural By -Law dealing with delegations. 19.2.14 Should an individual or group wish to be provided with further notice related to a matter addressed by a delegation before Council, they are required to indicate this wish to the Clerk as part of their original delegation request. 20. Reports 20.1 Reports for Information or Immediate Consideration 20.1.1 If deemed appropriate by the Clerk, any County staff may report to the Warden and Members of Council at any session of Council. 20.1.2 A report for information may be placed on the Council Agenda where no action or direction is required from Council. 20.1.3 If in consideration of the information report it is determined by Council that further action is required, Council shall direct at which meeting the follow up report will be considered or may refer the report to the Committee of the Whole. 20.1.4 A Report for Immediate Consideration is a report that has not been considered by Committee of the Whole or any other committee that reports to Council. Reports that appear on the agenda for immediate consideration shall be determined by the Chief Administrative Officer. 20 Page 106 of 131 20.2 Reports of Council, Staff and Outside Boards 20.2.1 This section provides for members to consider recommendations on items such as Reports of Council, Staff and Outside Boards in the Committee of the Whole. Committee of the Whole permits members to discuss and debate matters in a more informal and flexible setting. 20.2.2 The results of votes taken during Committee of the Whole, regarding matters discussed under Section 20.2, constitute resolutions of the Committee of the Whole and not resolutions of Council. 20.2.3 Before Reports of Council, Staff, and Outside Boards are discussed, the Warden will inquire as to whether any members of the public would like to speak to any of the items on the agenda. The Warden will take note of any requests. 20.2.4 If there is a request from a member of the public to speak to an item on the agenda, the Warden will give that member the opportunity to do so, immediately after the agenda item has been presented, and before Council has discussed or debated said item. 20.2.5 Members of the public speaking to an item on the agenda will have ten (10) minutes to speak, which may be extended by a resolution of Committee of the Whole. 21. Correspondence 21.1 When correspondence has been requested to be included on a Council agenda or on the request of a Member of Council to the Clerk, such correspondence is placed on the agenda for a regular Meeting. Correspondence must be received no less than eight (8) days prior to a regular Council Meeting. Where required due to urgency or timing, correspondence may be considered directly by Council as an Addendum to the Agenda, or as a matter for Closed Session; 21.2 Staff may prepare recommendations related to any matter raised in Correspondence for consideration by Council; 21.3 Council will direct, to the Clerk, correspondence clearly intended to be considered as part of an agenda of Council; 21.4 The Clerk is required to verify whether it is the intent of an individual to include their correspondence on a public agenda. For reasons of privacy, irrelevant personal information will be severed from correspondence. General correspondence between Councillors or staff and constituents or stakeholders will not be included unless the Clerk is satisfied that it was clearly the individual's intent to include their correspondence on a public agenda; 21.5 Correspondence must be legible and not contain any defamatory statements. Anonymous correspondence will not be acknowledged, circulated or placed on an agenda; 21.6 Receipt of correspondence by Council does not constitute endorsement of either the correspondence by the County or of any recommendations it may contain or actions it may advocate; and 21.7 When not requested to be included in a Council agenda, correspondence may be circulated by the Clerk to Members of Council and applicable staff for their information. 21 Page 107 of 131 22. Motions from Other Municipalities and Organizations Requesting Endorsement 22.1 Motions from other municipalities communicated to Elgin County are placed on the agenda for County Council under correspondence. Where required due to urgency or timing, the Motions from other municipalities and organizations that request endorsement or action by Council may be considered directly as an addition to the Council agenda. 22.2 Staff may prepare recommendations related to the matter for Council's consideration. 22.3 Council's receipt of Motions from other municipalities in Elgin County does not constitute endorsement by the County of any recommendations or actions they may contain. 23. Statements/Inquiries by Members 23.1 When a Councillor wishes to inform Council of a matter that does not require action and consideration by Council or otherwise wishes clarification of a matter, such information may be announced under "Statements/Inquiries by Members". It is understood that these announcements are made solely for Council's information and that under no circumstances shall Council take action within this category. 24. Members Motions 24.1 Members Motions shall be placed on the Committee of the Whole agenda for consideration. 24.2 Members Motions must be received by the Clerk, in writing, by noon on the Tuesday preceding the distribution of the agenda material and shall be printed in the agenda. 24.3 A Members Motion shall be dealt with by Committee of the Whole at the meeting which it appears on the agenda. 24.4 The results of votes taken on Members Motions are not final decisions of Council, rather they are recommendations which will be given further consideration and finally voted on under regular rules of Council. 25. Rules of Debate 25.1 Conduct of Members 25.1.1 No Member shall speak disrespectfully of any person or use un- parliamentary or offensive language in or against Council or against any Member, staff, or other person in the Council. 25.1.2 The County of Elgin's "Council Code of Conduct" shall govern the actions and behaviour of the Members of Council. 25.1.3 During any Council meeting, except during any period sitting as Committee of the Whole, no Member, unless Council consents to it, shall speak more than once on the same motion. 25.1.4 During any period sitting as Committee of the Whole, a member will not speak more than once until all other Members have had the opportunity to speak to the question. 22 Page 108 of 131 25.1.5 The Chair shall maintain a list of Members who have requested to speak or ask questions. The Chair designates Members to speak or ask questions in the order in which they appear on the list. 25.1.6 When the Chair is putting forth the question, no Member shall walk across or out of the room, shall not interrupt the speaker, except to a question of order, nor pass between the speaker and the Chair. 25.1.7 Any Member called to order shall at once cease speaking, unless permitted to explain, and the ruling of the Warden or other Chair shall be final, unless otherwise decided by Council on an appeal from such ruling. 25.1.8 No Member shall partake of food in the Council Chambers while the Council is Meeting. 25.1.9 All communication devices shall be switched to 'silent' upon entering the location where any Council/Committee Meeting is being held. 25.1.10 Members of Council or Committee, except the Warden and Deputy Warden, shall be referred to as County Councillors. 25.1.11 No person other than Members or staff of the County shall be allowed to speak from the gallery during the Meetings of Council without permission from the Chair. 25.2 Warden Entering Debate 25.2.1 If the Warden desires to take part in the debate of Council, they may remain in the Chair to do so. Alternatively, and when they deem appropriate, they may leave the Chair and, at that time, call on the Deputy Warden to fill their place until they resume the Chair. 25.3 Voting 25.3.1 Unless the Procedural By -Law states otherwise, a matter passes when a Majority of Members present vote in the affirmative. 25.3.2 Where a vote is taken, and a Member abstains from voting, the Member will be deemed to have voted in the negative. 25.3.3 At any time when a vote, taken by a show of hands, is unclear as to the outcome, the Warden or other Chair may request the Members to indicate their YEA or NAY. 25.3.4 Upon a tie vote on any question, by a show of hands, a recorded vote shall be taken. Upon a tie recorded vote, the question shall be considered a defeated motion. 25.4 Specific Rules Related to Motions 25.4.1 Motions 25.4.1.1 A Main Motion introduces a substantive matter to the assembly for decision. 25.4.1.2 All Motions shall be moved and seconded before being debated or put to vote; and all Motions shall be read and then conveyed to the Warden, who may again read the same. 23 Page 109 of 131 25.4.1.3 After a Motion has been received by the Warden or other Chair, it shall be deemed to be in the possession of Council but may be withdrawn at any time before the decision, by consent of a majority of the Members present. 25.4.1.4 After a Motion has been read, a Member may propose a friendly amendment. Afriendly amendment that is perceived by all parties as an enhancement to the original motion and is to provide clarification of the intent of the motion. Friendly amendments may be permitted by the Warden or other Chair, after consent by the original Mover and Seconder of the Motion, and then by all the Members. 25.4.1.5 After any question is finally put to vote by the Warden or other Chair, no Member shall speak to the question nor shall any other Motion be made until after the result is declared; and 25.4.1.6 Members shall always take their places prior to any decision being called. 25.4.2 Amend 25.4.2.1 A Motion to Amend is used to change the wording of a Main Motion. The amendment can insert new wording, strike out wording, strike out and insert other wording, or substitute one Main Motion with another Main Motion provided that the substitute is on the same subject matter and does not contradict the Main Motion. 25.4.2.2 A Motion to Amend must be germane (relevant) to the subject matter under discussion. 25.4.2.3 All Motions to Amend shall be placed in the reverse order in which they are moved; and every amendment to the Motion shall be decided upon or withdrawn before the main question is put to vote. 25.4.2.4 There shall not be more than two (2) amendments to the main question or any Motion. 25.4.2.5 There shall not be more than one (1) amendment to any amendment. 25.4.3 Refer 25.4.3.1 A Motion to Refer is used to send an item of business to a committee or staff where the item will receive additional, in- depth consideration. Council may provide instructions to the Committee or staff, including when it is expected to report back to Council. 25.4.3.2 A Motion to Refer the Main Motion to staff or a Committee shall preclude all amendments of the main question until the Motion to Refer is decided. 25.4.4 Postpone to a Certain Time 25.4.4.1 A Motion to Postpone to a Certain Time is used to delay the consideration of a main motion and to fix a definite date or time (within the current meeting or to the next regular 24 Page 110 of 131 meeting) for consideration. Debate is restricted as to the merits of postponing and to the time to which to postpone. 25.4.5 Postpone Temporarily (Table) 25.4.5.1 A Motion to Postpone Temporarily (Table) is used to set an item of business (a Main Motion) aside temporarily, when something more urgent has arisen or Members may need some other information on the Main Motion which is not currently or readily available. 25.4.5.2 A Motion to Postpone Temporarily (Table) is always in order and will supersede the Main Motion. 25.4.6 Close Debate and Vote Immediately (Call the Question) 25.4.6.1 A Motion to Close Debate and Vote Immediately is used to close debate on an immediately pending Motion or on a series of consecutive pending motions. When it is adopted, the Chair should immediately take the vote on the affected motion or motions. When adopted, the making of amendments on the affected motions stop. 25.4.7 Recess 25.4.7.1 A recess shall be convened by either a Motion to Recess or a recess at the discretion of the Chair and is used to take a break in the meeting and set a time for continuing the meeting. 25.4.7.2 A Motion to Recess or a recess at the discretion of the Chair when other business is before the Meeting shall specify the length of time of the recess. 25.4.7.3 A Motion to Recess, when other business is before the Meeting, shall not be debatable and shall only be amendable with respect to the length of the recess. 25.4.8 Adjourn 25.4.8.1 A Motion to Adjourn is used to conclude the meeting. It is the duty of the Chair to ensure that no important business has been overlooked that should be taken up by Council before adjournment. 25.4.8.2 A motion to adjourn shall always be in order unless a vote is being taken. 25.4.8.3 A motion to adjourn, when resolved in the negative, shall not be presented again until after some intermediate proceedings have been completed by the Council. 25.4.9 Division of Question 25.4.9.1 A Main Motion that is composed of two or more independent parts may be split into two or more individual motions and discussed and voted on separately. 25.4.9.2 A Member wishing to Divide the Question, should indicate how the Main Motion is to be divided and if the Warden or other Chair agrees, they will be dealt with separately. 25 Page 111 of 131 25.4.9.3 If the Warden or other Chair disagrees that the Main Motion can be divided, the Member may move a Motion to Divide, and the assembly will decide by majority vote. 25.4.10 Reconsideration 25.4.10.1 A Motion to Reconsider may only be introduced by a Member if there is new, substantive information that is relevant to the deliberation of Council on the issue that could not, with reasonable diligence, have been received by Council at the time the initial decision was made. 25.4.10.2 Within the first twelve (12) months following the initial vote on a Main Motion, a question may only be reconsidered once, unless such twelve (12) month period is truncated by the end of the Council term. 25.4.10.3 In the event that the twelve (12) month period following the initial vote on the Main Motion is truncated by the end of the Council term, the Main Motion may be reconsidered at any time during the new term of Council. 25.4.10.4 After the period of twelve (12) months following the initial vote on the Main Motion has elapsed, and within the same Council term as the initial vote on the Main Motion, a member who voted in the majority may present a Member's Motion to reconsider the matter. 25.4.10.5 A Motion to Reconsider shall be introduced by the same method as Member's Motions and follow the same process. 25.4.10.6 Approval of a Motion to Reconsider requires the approval of two-thirds of the Members present. 25.4.10.7 If a Motion to Reconsider is decided in the affirmative at a Meeting of Council, then the consideration of the original Main Motion shall become the next order of business and debate on the question to be reconsidered shall proceed as though it had never previously been considered. 25.4.11 Point of Order 25.4.11.1 A Point of Order occurs when a Member believes that the rules of procedure are being violated. The Member shall call upon the Warden or other Chair for a ruling and an enforcement of the regular rules. 25.4.11.2 The Warden or other Chair's ruling on the matter is final. 25.4.11.3 When the Warden or other Chair is called upon to decide a Point of Order, they shall state the rule or authority applicable to the case. 25.4.12 Point of Privilege 25.4.12.1 Where a Member considers that the integrity of any member or the integrity of the Council as a whole has been impugned, the member may interrupt the proceedings or interrupt a member speaking to raise a point of privilege. With the Chair's consent the member will explain the privilege being tainted or damaged to Council. When a point of privilege is Page 112 of 131 raised, it shall be considered and decided by the Chair immediately. 25.4.12.2 The decision of the Chair on a point of privilege is final. 26. Readings of By -Laws and Proceedings 26.1 Every By -Law shall be printed in written or in electronic form and introduced by the Clerk and shall be considered for enactment by Council. 26.2 All By -Laws collectively shall be given first, second and third readings in a single Motion, unless a Member wishes to discuss the contents of a By -Law or a matter requires that the By -Law receive first and second reading only and third reading at a future Meeting, at which time the subject By -Law shall be removed from the Motion list and dealt with separately. The headnote only of the By -Law shall be read and a By -Law shall not be enacted until it has received three readings. 26.3 The Proceedings of every Regular, Special or Emergency Meeting shall be confirmed by a Confirmation By -Law so that every decision of Council and every resolution passed at that Meeting shall have the same force and effect as if each one of them had been the subject matter of a separate By -Law duly enacted. 26.4 The Clerk shall maintain a permanent copy of all By -Laws for public inspection. 27. Open Meetings and Closed Session Meetings 27.1 Open Meetings and Improper Conduct 27.1.1 Except as provided in this section, all Meetings of Council shall be open to the public pursuant to the Act, S. 239 (1); and 27.1.2 The Chair may expel any person for improper conduct at a Meeting, pursuant to the Act, 2001, S. 241 (2). 27.2 Closed Session Meetings 27.2.1 Persons may be excluded when Council is in Closed Meeting in accordance with Section 239 of the Act and amendments thereto. As provided for in the Act, Council shall resolve to move into a session closed to the public in order to discuss matters related to one or more of the following: (a) the security of the property of the County or local board; (b) personal matters about an identifiable individual, including County or local board employees; (c) a proposed or pending acquisition or disposition of land by the County or local board; (d) labour relations or employee negotiations; (e) litigation or potential litigation, including matters before administrative tribunals, affecting the County or local board; (f) advice that is subject to solicitor -client privilege, including communications necessary for that purpose; 27 Page 113 of 131 (g) a matter in respect of which a council, board, committee or other body may hold a closed meeting under another Act; (h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency or any of them; (i) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or the organization; (j) a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; or (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board; 27.2.2 A meeting or part of a meeting shall be closed to the public if the subject matter being considered is: 27.2.2.1 a request under the Municipal Freedom of Information of Information and Protection of Privacy Act, if the council, board, commission or other body is the head of an institution for the purposes of that Act; or 27.2.2.2 an ongoing investigation respecting the municipality, a local board or a municipally -controlled corporation by the Ombudsman appointed under the Ombudsman Act, an Ombudsman appointed by Council or the investigator appointed by Council; 27.2.3 A meeting of Council may be closed to the public if the following conditions are both satisfied: 27.2.3.1 the meeting is held for the purpose of educating or training the members; and 27.2.3.2 at the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision -making of Council; 27.2.4 Before holding a Meeting or part of a Meeting closed to the public, Council shall approve a Motion, stating the following: 27.2.4.1 The fact that the Meeting will be closed to the public as provided for in the Act; and 27.2.4.2 The general nature of the matter to be considered at the Meeting closed to the public; 27.2.5 Pursuant to Section 239 of the Act, when a Motion to proceed in a Closed Meeting is carried, the Warden or the Chair may, with the approval of Council, exclude such persons as deemed appropriate from the meeting room. 28 Page 114 of 131 27.2.6 When in a Closed Meeting, no one shall leave and re-enter the Meeting room without the approval of the Warden or Chair. 27.2.7 All Closed Meeting Minutes for Council Meetings shall be circulated electronically prior to the commencement of the next Meeting; and 27.2.8 Closed Meeting Minutes for Council Meetings are maintained by the Clerk and are only accessible by the Clerk. 27.3 Voting During Meetings Closed to the Public 27.3.1 No vote will be taken at a Meeting described in Section 27.2 of this Procedural By -Law, and which is closed to the public, unless: 27.3.1.1 The subject matter relates to an issue as described in Section 27.2 of this By -Law; and 27.3.1.2 The vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the Municipality or persons related by or under contract with the Municipality. 27.3.2 On Motion in Council in a Closed Meeting, to rise and report the question shall be decided without debate involving any of the following: 27.3.2.1 Motion to rise without reporting 27.3.2.2 Motion to rise and report 27.3.2.3 Motion to provide staff direction 27.3.3 With respect to debate and/or vote in a Meeting closed to the public: 27.3.3.1 The number of times a Member may speak to any question shall not be limited during a Closed Session, provided that no Member shall speak more than once until every Member who desires to do so shall have spoken. 27.3.3.2 A Member present at a Closed Session shall, prior to consideration of any matter, declare any pecuniary interest, direct or indirect and the general nature thereof and said Member shall leave the Closed Session, or part thereof, during which the matter is under consideration. The declaration of Pecuniary Interest shall be recorded in the Minutes. 27.4 Notice of Meetings Closed to the Public 27.4.1 Where a matter may be considered by Council for discussion in Closed Session, whenever possible, written Notice provided for in this By -Law shall disclose: 27.4.1.1 The fact that the Meeting will be closed to the public as provided for in the Act; 27.4.1.2 The general nature of the matter to be considered at the closed Meeting. 29 Page 115 of 131 27.5 Confidentiality of Closed Session Discussions and Public Disclosure 27.5.1 Asummary of any discussion held in Closed Session and any required vote if permitted, will occur following the Closed Session discussion of Council; 27.5.2 The summary of Closed Session discussion and vote will provide sufficient detail, without detrimentally affecting the confidentiality of the matter(s) discussed in Closed Session and the position of the Municipality; 27.5.3 No Member shall disclose or discuss, through written, electronic or verbal communication, to any individual or corporate third party, any information that has been or will be discussed at a Closed Session Meeting of Council until such time that such Council has determined or has been advised by staff that the matter, or any part of the matter, can be made public subject to review by the Chair or designate under the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56 or if directed to do so by a court; 27.5.4 A Motion to adjourn a Closed Meeting shall always be in order and be decided without debate, except when a Member is in possession of the floor; and 27.5.5 Upon rising from a Closed Meeting, the Chair shall announce the result of the vote as it is to be recorded in the Minutes. 27.6 Closed Meeting Investigation 27.6.1 Council shall appoint a Closed Meeting Investigator to carry out Closed Meeting Investigations; 27.6.2 If, after completing an investigation, the investigator is of the opinion that the Meeting or part of the Meeting that was the subject -matter of the investigation appears to have been closed to the public contrary to the Act or to this By -Law, the investigator shall report their opinion and the reasons for it to Council and may make such recommendations as they think fit; 27.6.3 The County of Elgin shall ensure that reports contemplated in this section are made available to the public as required by the Act; 27.6.4 If the investigator is of the opinion that the Meeting was closed to the public contrary to Act, Council shall pass a resolution stating how it intends to address such opinion and the report in which it was delivered, - and 27.6.5 A person may request that an investigation be undertaken to determine whether Council complied with the requirements of the Act and this By - Law in respect of a Meeting or part of a Meeting closed to the public. A person may initiate such a request by completing and submitting a copy of the Municipal Investigation of Closed Meetings form. 28. Duties of the Warden and Chair 28.1 The Chair of a Meeting of Council, whether a Regular, Special, Emergency or a Committee of the Whole Meeting is the Warden. In the absence of the Warden, the Deputy Warden is Chair as provided for in this By -Law. 28.2 It shall be the duty of the Warden or other duly appointed Chair: CIN Page 116 of 131 28.2.1 To act as Chief Executive Officer of the municipality; 28.2.2 To preside over Council Meetings so that its business can be carried out efficiently and effectively; 28.2.3 To provide leadership to Council; 28.2.4 To represent the County at official functions; 28.2.5 To carry out the duties of the Chair under any other Act or any other Statute of the Province; 28.2.6 To provide information and recommendations to the Members of Council with respect to Council's role to ensure the accountability and transparency of the operations of the municipality including the activities of the senior management of the municipality; 28.2.7 To provide information and recommendations to Council to ensure that administrative policies, practices and procedures are in place to implement the decisions of Council; 28.2.8 To open the Meeting of Council by taking the Chair and calling the Members to order; 28.2.9 To announce the business before Council in the order which it is to be acted upon; 28.2.10 To receive, in the proper manner, all Motions presented by the Members of Council and to submit these Motions as questions for proper debate; 28.2.11 To put to a vote all questions which are duly moved and seconded or which necessarily arise in the course of proceedings and to announce the results; 28.2.12 To decline to put to a vote Motions which infringe upon the Rules of Procedure as provided for in this By -Law; 28.2.13 To restrain the Members, within the Rules of Procedures, when engaged in debate; 28.2.14 To enforce on all occasions the observance of order and decorum among the Members and those before Council; 28.2.15 To call by name any Member persisting in breach of the Rules of Procedure, thereby ordering the Member to vacate the meeting place; 28.2.16 To receive all messages and other communications and announce them; 28.2.17 To authenticate by their signature, when necessary, all By -Laws and Minutes of Council; 28.2.18 To inform the Members of Council, when necessary or when referred to for the purpose, on any point of order; 28.2.19 To represent and support Council, implicitly obeying its decision in all matters; 28.2.20 To ensure that the decisions of Council are in conformity with the laws and By -Laws governing the activities of Council; 31 Page 117 of 131 28.2.21 When appointed to be, may be an Ex-Officio Member of all Committees of Council; 28.2.22 To perform all duties as required of a Member of Council; 28.2.23 To adjourn the Meeting without question in the case of grave disorder arising during the Meeting or suspend the sitting of Council until a time to be names by the Warden; and 28.2.24 To adjourn the Meeting when the business of Council is concluded. 28.3 As Chief Executive Officer of the County, the Warden shall: 28.3.1 Uphold and promote the purposes of the municipality; 28.3.2 Promote public involvement in the municipality's activities; 28.3.3 Act as the representative of the municipality both within and outside the territorial limits of the municipality, and promote the municipality locally, nationally and internationally; and 28.3.4 Participate in and foster activities that enhance the economic, social and environmental well-being for the municipality and its residents. 29. Council Member Roles and Responsibilities 29.1 Council Members are responsible for, where applicable: 29.1.1 Attending scheduled Meetings; 29.1.2 Carefully considering and making decisions about Meeting business, including seeking information and advice from staff prior to and during a Meeting; 29.1.3 Voting on Motions put to a vote; 29.1.4 Respecting the rules of order in this Procedural By -Law; 29.1.5 Listening attentively, participating in a Meeting and not interrupting, unless to raise a Point of Order; 29.1.6 Remaining silent in their seats while Council votes and until the Chair announces the results of the vote; 29.1.7 Refraining from using any offensive, disrespectful or un-parliamentary language about any Member, municipal employee, Meeting attendees and Council as a whole; 29.1.8 Respecting and following the decisions of Council; 29.1.9 Respecting the confidentiality of matters discussed in Closed Session Meetings and not disclosing the subject or substance of these discussions unless authorized to do so; 29.1.10 Complying with the Chair's ruling and Council's decisions; and 29.1.11 Complying with the Council Code of Conduct. M Page 118 of 131 29.2 The role of Council Members also includes, where applicable: 29.2.1 To represent the public and to consider the well-being and interests of the County; 29.2.2 To develop and evaluate the policies and programs of the County; 29.2.3 To determine which services and the extent to which such services are provided to the residents of the County; 29.2.4 To ensure that administrative policies, practices and procedures and financial policies, practices and procedures are in place to implement the decisions of Council; 29.2.5 To ensure the accountability and transparency of the operations of the County, including the activities of the senior management of the County; 29.2.6 To maintain the financial integrity of the County; and 29.2.7 To carry out the duties of a Member as provided for under any Act or By -Law. 30. Restriction on Power of Members 30.1 No Member of Council shall have power to direct or interfere with the performance of any work of the County Corporation. 31. Absence of Warden and/or Deputy Warden 31.1 In case the Warden does not attend within fifteen (15) minutes after the time appointed for a Meeting of Council, the Deputy Warden shall call the Meeting to order and preside as Chair, subject to any restrictions regarding Conflict of Interest. 31.2 In case the Warden and Deputy Warden are unable to attend the Meeting, the Members will, by resolution duly moved and seconded, appoint a Chair. While so presiding, the Chair shall have all the powers of the Chair. 31.3 Should the Warden or Deputy Warden, as the case may be, arrive after the Meeting has been called to order, the Chair shall relinquish the position of the Chair to the Warden, or Deputy Warden as the case may be, immediately after the current item of business on the Council Orders of the Day is considered or otherwise disposed. 32. Alternate Council Member 32.1 General Procedures 32.1.1 The following procedure relates to alternates to County Council who are appointed by local municipalities under section 268 of the Act when they are required to attend a Council Meeting; 32.1.2 The Council of a constituent municipality may appoint one of its Members as an Alternate Member of County Council to act in place of a person who is a Member of the Council of the constituent municipality and the County when the Member is unable to attend a Meeting of County Council for any reason; 32.1.3 County Council has no role in the appointment of Alternate Members but it can establish procedures for accommodating Alternate Members at County Council; 33 Page 119 of 131 32.1.4 Constituent municipalities are able to appoint an Alternate Member of County Council in accordance with the following provisions: 32.1.4.1 There can only be one Alternate Member appointed per municipality; 32.1.4.2 The appointment is for the term of Council; and 32.1.4.3 Municipalities cannot appoint another Alternate Member to act in place of the appointed Alternate Member; 32.1.5 Alternate Members shall make their declaration of office prior to taking their seat as an Alternate Member of Council. This is not required for subsequent Meetings they might attend; 32.1.6 The Alternate Member shall have all the powers and duties of a Member, including the power to make motions and vote and the duty to abide by this By -Law and Code of Conduct, as applicable; and 32.1.7 Alternate Members must only be used when the Member is unable to attend an entire Meeting. 32.1.8 Alternate Members are eligible to become Members of Elgin County Boards and Committees, subject to Council appointment. 32.2 Notification Process 32.2.1 A local municipality shall notify the Clerk in the event that its council appoints an Alternate Member of County Council and shall provide the Clerk with a certified copy of the By -Law so appointing the Alternate Member; 32.2.2 The Clerk shall keep a record of all appointed Alternate Members which shall be available to the public; 32.2.3 The local Clerk or incumbent Council Member shall notify the Clerk, in writing, as soon as reasonably possible when an Alternate Member shall be attending a Meeting of Council; 32.2.4 Each local municipality will be responsible for notifying its Alternate Member that they are to attend any County Council Meeting; 32.2.5 In situations where no prior notice has been given, the Alternate Member shall at the time they attend a County Council Meeting, provide the Clerk with written confirmation that they are acting as an Alternate Member for that Council Meeting; 32.2.6 Alternate Members shall receive a regular agenda on each Thursday preceding a Meeting Day of Council. If no notice was provided, they shall receive a hard copy or electronic agenda at the time they attend the Council Meeting; and 32.2.7 Closed Meeting agendas, reports and minutes will be provided to the Alternate Member on paper and shall be returned at the end of the meeting. 32.3 Meeting Administration 32.3.1 The Alternate Member's powers and duties as a Member extend only to the time they are present at the Council Meeting; 34 Page 120 of 131 32.3.2 Council Minutes shall note the absence of the incumbent Member and the attendance of an Alternate Member; and 32.3.3 Where both an Alternate Member and Member attend a Council Meeting, the Member shall assume their seat. The Alternate Member may attend as a spectator. 32.4 Appointment of Alternate Member for a Period of Less Than One (1) Month 32.4.1 If a person who is a Member of the council of a constituent municipality and a Member of County Council is unable to act as a Member of those councils for a period of less than one (1) month, the Council of the constituent municipality may appoint one of its Members as an Alternate Member of County Council to act in place of the Member until the Member is able to resume acting as a Member of those councils; 32.4.2 An Alternate Member appointed at the discretion of a constituent municipality as contemplated by section 32.4.1 above shall not receive compensation from the County for any Meetings of Council they are required to attend in the absence of the Member but shall be paid mileage at the same rate established for the use of personal vehicles for County business and any other eligible "out of pocket" expense that may occur; 32.4.3 An Alternate Member shall not be eligible to be reimbursed for attendance at conventions, seminars or training; 32.4.4 An Alternate Member while acting in their capacity, shall be governed by all applicable policies of the County such as but not limited to this By - Law and Council Code of Conduct; and 32.4.5 An Alternate Member shall have access to applicable support resources such as but not limited to the County's Integrity Commissioner. 32.5 Appointment of Alternate Member for a Period Exceeding One (1) Month 32.5.1 If a person who is a Member of the council of a constituent municipality and a Member of County Council is unable to act as a Member of those councils for a successive period exceeding one (1) month, the council of the constituent municipality may appoint one of its Members as an Alternate Member of County Council to act in place of the Member until the Member is able to resume acting as a Member of those councils; 32.5.2 Upon notice of vacancy of a Member exceeding one (1) month, the Member's compensation and expense reimbursement eligibility will cease and will be provided to the Alternate Member so appointed in their place by the constituent municipality in the same manner; 32.5.3 An Alternate Member so appointed shall be eligible to be reimbursed for attendance at conventions, seminars or training; 32.5.4 An Alternate Member, while acting in this capacity, shall be governed by all applicable policies of the County such as but not limited to this By - Law and Council Code of Conduct; and 32.5.5 An Alternate Member so appointed shall have access to all equipment supplied to a regular Member including but not limited to information technology equipment, account access and applicable support resources such as but not limited to the County's Integrity Commissioner. 35 Page 121 of 131 33. Member Vacancy 33.1 Vacancy of Seat of Member of Council 33.1.1 The Council of the constituent municipality may appoint one of its Members as an Alternate Member of County Council to act in place of Member Vacancy. The office of a Member of Council becomes vacant if the Member: 33.1.1.1 becomes disqualified from holding the office of a Member of Council; 33.1.1.2 fails to make the declaration of office before the deadline; 33.1.1.3 is absent from the meetings of council for three (3) successive months without being authorized to do so by a resolution of Council; 33.1.1.4 resigns from their office; 33.1.1.5 is appointed or elected to fill any vacancy in any other office on the same council; 33.1.1.6 has their office declared vacant in any judicial proceeding; 33.1.1.7 forfeits their office under the Act or any other Act; or 33.1.1.8 dies, whether before or after accepting office and making the prescribed declarations. 33.1.2 Seats declared vacant by a constituent municipality will be dealt with as outlined in the Act; 33.1.3 Upon notice of vacancy, the Member's compensation and expense reimbursement eligibility will cease and will be provided to the Alternate Member so appointed by the constituent municipality in the same manner; 33.1.4 An Alternate Member, so appointed shall be eligible to be reimbursed for attendance at conventions, seminars or training; 33.1.5 An Alternate Member, while acting in this capacity, shall be governed by all applicable policies of the County such as but not limited to the Council Code of Conduct; and 33.1.6 An Alternate Member so appointed shall have access to all equipment supplied to a regular Member including but not limited to information technology equipment, account access and applicable support resources such as but not limited to the County's Integrity Commissioner. 33.2 Vacancy of Seat of Warden 33.2.1 If the position of Warden is vacant, Council shall fill the vacancy by appointment in the same manner as Warden was originally appointed, as provided for in this By -Law. 33.3 Pregnancy and Parental Leave 33.3.1 The provisions of this sub -section applies to a Member of Council who is absent from Meetings of Council for at least three (3) consecutive months as a result of the Member's pregnancy, the birth of the Member's child, or the adoption of a child by the Member; IN Page 122 of 131 33.3.2 The office of a Member of Council shall not become vacant if a Member is absent for twenty (20) consecutive weeks or less when such absence is a result of the Member's pregnancy, the birth of the Member's child or the adoption of a child by the Member; 33.3.3 Prior to the Member missing meetings of Council forthree (3) consecutive months, a Member of Council shall provide a request for pregnancy and/or parental leave in writing to the Clerk; 33.3.4 If a Member wishes to seek a leave in excess of twenty (20) consecutive weeks, the Member shall request an extended leave, in writing to the Clerk, as soon as the need for an extended leave is known. If an extended leave is requested, the Clerk shall prepare a report for Council's consideration of the extended leave; 33.3.5 Member on pregnancy or paternity leave is exempt from attending meetings of Council to which the Member has been appointed; 33.3.6 Members shall still receive all Council Agenda packages; 33.3.7 Any Member on pregnancy or paternity leave shall participate in events, conferences, committee meetings, constituent meetings or respond to communications at the level they determine, utilizing an out of office email feature to identify they are on leave, the level of service offered and an alternate contact if required; 33.3.8 Members of Council on pregnancy or paternity leave shall continue to receive all remuneration afforded to regular Members of Council; and 33.3.9 Members of Council on pregnancy or paternity leave shall continue to have access to all equipment supplied to a regular Member including but not limited to information technology equipment, account access and staff support. 34. Administrative Authority of Clerk 34.1 The Clerk is authorized to amend By -Laws, Minutes and other Council and Committee documentation for technical, typographical or other administrative errors or omissions for the purpose of ensuring an accurate and complete record of proceedings. 34.2 Significant changes to By -Laws, Minutes and other Council and Committee documentation including a change in meaning, shall be presented to Council or the involved Committee for approval and adoption. 35. Organization of Committees 35.1 The Warden shall recommend, and Council shall appoint representatives from within their membership to various Committees, Local Boards and Agencies at the first Meeting in January of each year. 35.2 Council may at any time, on Motion of a Member duly considered and agreed to by a majority vote strike a Committee, Ad Hoc Committee and/or Steering Committee, as the case may be, which shall consider and report on any matter or to perform any special service within the spheres of jurisdiction of Elgin County, pursuant to the Act. 37 Page 123 of 131 36. Repeal of Amendment of this By -Law 36.1 This By -Law is not to be amended or repealed except by a majority vote when all Members of Council are present. 36.2 No amendment or repeal of this By -Law is to be considered at any Meetings of Council unless Notice of the proposed amendment or repeal has been given at a previous regular meeting of Council. 37. Public Record 37.1 All communications that the Clerk receives about a matter on the agenda of a public or open Meeting will form part of the public record. Personal information and opinions in communications are part of the public record unless the author of the communication requests the removal of their personal information when submitting it or when otherwise confirmed by the Clerk. 38. Severability 38.1 Each provision of this By -Law is distinct and severable. If any provision of this By -Law, in whole or in part, is or becomes illegal, invalid, void, voidable or unenforceable in any jurisdiction by order of any court of competent jurisdiction, the illegality, invalidity or unenforceability of that section, in whole or in part, will not affect: 38.1.1 The legality, validity or enforceability of the remaining provisions of this By -Law, in whole or in part; or 38.1.2 The legality, validity or enforceability of that section, in whole or in part, in any other jurisdiction. Not withstanding the date this by-law is passed, it shall not come into force until April 1, 2025. Until this date, By -Law No. 19-41, as amended, shall remain in effect. C Page 124 of 131 wo Warden Grant Jones County of Elgin Via email: giones elgin.ca Re: Request for Financial Support - Hospice of Elgin January 17, 2025 Dear Warden Jones, Please be advised that Municipality of Central Elgin Council received a delegation regarding the above noted matter at its Regular Meeting dated January 13, 2025, and the following Resolution was passed: THAT correspondence be provided to the County of Elgin with support in principle for a financial contribution to Hospice of Elgin given the priority and intended benefit that hospice represents to all residents of Elgin County; THAT the request from Hospice of Elgin for $100,000 in financial support be referred to the Municipality of Central Elgin Finance Committee for consideration as part of the 2025 Budget. Please don't hesitate to contact Municipal Staff with any questions or concerns. Sincerely, Delany Leitch Deputy Clerk CC: David Jansseune, Director of Financial Services/Treasurer, Municipality of Central Elgin Blaine Parkin, CAO, County of Elgin Laura Sherwood, Hospice of Elgin Media Release FOR IMMEDIATE RELEASE — January 13, 2024 Western Ontario Wardens' Caucus Announces Mayor Amy Martin as New Chair (Southwestern Ontario, January 10, 2025) — The Western Ontario Wardens' Caucus (WOWC) is pleased to announce that Mayor Amy Martin, of Norfolk County has been elected as Chair of the WOWC for a one-year term, effective January 10, 2025. "It is an honour to serve as Chair of the Western Ontario Wardens' Caucus for the coming year," said Chair Martin. "As a region, we face critical challenges and opportunities that require a unified approach. By prioritizing housing, infrastructure, workforce development, and addressing mental health, addictions, and homelessness, the WOWC will continue to advocate for solutions that drive progress and improve quality of life for residents across Southwestern Ontario." The announcement was made following the organization's Annual General Meeting (AGM), where additional officers were also appointed. Warden Kevin Marriott of Lambton County was elected as Vice -Chair, Al Meneses, CAO of Norfolk County will serve as Secretary, and Sonya Pritchard, CAO of Dufferin County, will hold the office of Treasurer. In addition to the Board leadership, Darren White past Warden of Dufferin County was named Chair of the WOWC Economic Development Sub -Committee. The committee includes sitting and past Wardens, with support from WOWC member CAOs, regional partners, and economic development specialists. Warden Marcus Ryan from Oxford County will serve as Chair of the Western Ontario Municipal Conference for 2025. Looking ahead, the WOWC approved the 2025-27 Strategic Plan committing to advancing the key priorities of the region, including: • Housing • Infrastructure • Workforce • Mental Health, Addictions, and Homelessness Page 126 of 131 "Collaboration will be at the heart of our efforts this year," added Chair Martin. "By working together with all levels of government, industry, and community partners, the WOWC will ensure that our priorities align with the needs of the region and deliver meaningful results for our communities." WOWC's Board of Directors (2025-2026): • Chair Amy Martin, Norfolk County • Vice Chair Kevin Marriott, County of Lambton • Andrea Matrosovs, Grey County • Basil Clarke, Simcoe County • Brian Ropp, Middlesex County • Chris White, Wellington County • Darrin Canniff, Chatham Kent • David Bailey, County of Brant • Doug Kellum, Perth County • Grant Jones, Elgin County • Hilda MacDonald, County of Essex • Jamie Heffer, Huron County • Janet Horner, Dufferin County • Luke Charbonneau, Bruce County • Marcus Ryan, Oxford County The Western Ontario Wardens' Caucus (WOWC) is a not -for -profit organization representing 15 upper and single -tier municipalities in Southwestern Ontario, representing more than 1.6 million residents. The WOWC aims to enhance the prosperity and overall wellbeing of rural and small urban communities across the region. Caucus members work collectively to influence federal and provincial legislation and programs through advocacy, research, analysis and education. For more information, visit www.wowc.ca. Media Contact Kate Burns Gallagher, Executive Director Western Ontario Wardens' Caucus T: 519-495-6059 E: kate@wowc.ca Photos: z Page 127 of 131 2025 Caucus from L to R: Brian Ropp, Middlesex County; Vice Chair Kevin Marriott, County of Lambton; Luke Charbonneau, Bruce County; Andrea Matrosovs, Grey County; Chris White, Wellington County; Janet Horner, Dufferin County; Jamie Heffer, Huron County; Dean Trentowsky, Perth County; Chair Amy Martin, Norfolk County; Basil Clarke, Simcoe County; Grant Jones, Elgin County; Marcus Ryan, Oxford County IIF.ST'FItV1d 01IAVR10 Y F ' ,> V nfiarh�� tli� nmflbuhqof iw"")! w SIIII0 w11r11INJIMI MIIW", d n mns thu J021011... ad�11111��1��111;v;Ili 2025 Executive: Vice Chair Kevin Marriott, County of Lambton; Chair Amy Martin, Norfolk County �1110 3 Page 128 of 131 From: James Crane > Date: January 11, 202 at : . To: CAO <CAO elgin.ca>, mayorgionespsouthwold.ca Subject: Tree Conservation I am requesting that this email to be read at Elgin County Council and Southwold Township Council. In last week's Aylmer Express I complimented Mayor/Warden Grant Jones on how important it is that he supports conservation. It appears that Warden Jones and myself have the same view on conservation. My personal background on conservation is that my brother John and myself own a 18 acre conservation woodlot in Malahide Township. The property was purchased in 1930 by our great uncle, Dr. James W. Crane, with the intent to be planted into trees. Dr. Crane convinced our father, Arthur Crane, to plant the property into trees which happened between 1932-1934. Dr. Crane was years ahead of his time on conservation. On the property where my wife and I live we had several hundred trees planted on the property about eighteen years ago. We also have a conservation pond at our home surrounded by trees, turtles, frogs, snakes and other wildlife species. My point being I truly do believe in conservation. I am requesting once again that Warden Jones will support me on getting the issue rectified on the former Crane Conservation Woodlot in SouthWold Township. On January 10, 2025 1 was in conversation with CAO, Mark Peacock, LTVCA and he is still very willing to supply and plant 2500 trees on the former Crane Conservation property. Note, this will be of no cost to *theresent owner, . I am willing to see the restrictive covenant removed from- s new home an s op when he agrees to have these trees planted. The restricted covenant ti remain on the wooded area of the property. Looking forward to your support. Jim Crane Page 129 of 131 COUNTY OF ELGIN By -Law No. 25-04 "BEING A BY-LAW TO AMEND THE SCHEDULE TO BY-LAW NO. 24-19 BEING A BY-LAW TO AUTHORIZE SPEED LIMITS" WHEREAS, pursuant to Section 128(2) of the Highway Traffic Act, being Chapter H.8, R.S.O. 1990, as amended, the Council of a municipality may by by-law prescribe a different rate of speed for motor vehicles driven on a highway or portion of a highway under its jurisdiction than is prescribed in Section 128(1a); AND WHEREAS the County of Elgin did pass By-law No. 24-19 prescribing different rates of speed for motor vehicles on certain highways under its jurisdictions; AND WHEREAS it is deemed expedient to amend said By -Law to prescribe a different rate of speed on certain highways under its jurisdiction. NOW THEREFORE BE IT RESOLVED THAT the Municipal Council of the Corporation of the County of Elgin enacts as follows: THAT Schedule "E" be added to By -Law No. 24-19 setting out the following: SCHEDULE "E" MAXIMUM RATE OF SPEED 30 KILOMETRES PER HOUR Road Section Description 23 B From the east property line of County Road 4 (Colbourne Street) to the east property line of County Road 23 East Road). THAT this by-law shall become effective once signage setting out the speed limit has been installed. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 28th DAY OF JANUARY, 2025. Blaine Parkin, Grant Jones, Chief Administrative Officer/Clerk. Warden. Page 130 of 131 COUNTY OF ELGIN By -Law No. 25-05 "A BY-LAW TO CONFIRM PROCEEDINGS OF THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE COUNTY OF ELGIN AT THE JANUARY 28, 2025 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 January 28, 2025 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 28TH DAY OF JANUARY, 2025. Blaine Parkin, Grant Jones, Chief Administrative Officer/Clerk. Warden. Page 131 of 131