May 26, 2009 Agendaa~2Y 01, ORDERS OF THE DAY
x FOR TUESDAY MAY 26 2009 - 9:00 A.M.
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1-37
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NOTICE:
ORDER
1st Meeting Called to Order
2nd Adoption of Minutes - May 12, 2009
3rd Disclosure of Pecuniary Interest and the General Nature Thereof
4th Presenting Petitions, Presentations and Delegations
PRESENTATION:
9:00 a.m. Retirement Recognition: Donna Butcher of the Administrative
Services Department and Gail Driscoll of the County Library
5th Motion to Move Into "Committee Of The Whole Council"
6th Reports of Council, Outside Boards and Staff
7th Council Correspondence - see attached
1)
Items for Consideration
2)
Items for Information (Consent Agenda)
8th OTHER BUSINESS
1)
Statements/Inquiries by Members
2)
Notice of Motion
3)
Matters of Urgency
9th Clo
sed Meeting Items (see separate agenda)
10th Recess
11th Motion to Rise and Report
12th Motion to Adopt Recommendations from the Committee Of The Whole
13th Consideration of By-Laws
14th ADJOURNMENT
LUNCH WILL BE PROVIDED
June 9, 2009 9:00 a.m. Elgin County Council
June 12, 2009 18t Annual Warden's Charity Golf Tournament
June 23, 2009 9:00 a.m. Elgin County Council
REPORTS OF COUNCIL AND STAFF
MAY 26, 2009
Staff Reports -(ATTACHED)
2 Chief Administrative Officer - Road Maintenance Needs Study and Hipson
Inquest Recommendations
29 Director of Community and Cultural Services - Digital Message Board Policy
31 Director of Community and Culture Services - Relocation and Expansion of
Springfield Library
35 Director of Finance - Council and Outside Boards Remuneration Update
Deputy Director of Engineering Services - Hot & Warm Mix Asphalt Resurfacing,
Contract No. 6220-09 (TO BE FAXED)
Deputy Director or Engineering Services - Calton Line Rehabilitation
(TO BE FAXED)
AND HIPSON INQUEST
RECOMMENDATIONS
ACTION PLAN- MAY 26TH, 2009
- RESOLUTION ADOPTED ON FEBRUARY 17T", 2009
- "THAT THE ROAD MAINTENANCE STUDY DATED
JANUARY 15T", 2009 BE RECEIVED FOR INFORMATION
PURPOSES; AND,
- "THAT STAFF PREPARE AN ACTION PLAN, A WAY TO
MOVE FORWARD, TO ADDRESS THE
RECOMMENDATIONS CONTAINED IN THE REPORT FOR
CONSIDERATION BY COUNTY COUNCIL AT A FUTURE
MEETING."
Elg~~a~~
- 22 RECOMMENDATIONS PRESENTED (EXECUTIVE
SUMMARY IS ATTACHED)
- HIGH LEVEL RECOMMENDATIONS:
- 1) THE AGREEMENT NEEDS SIGNIFICANT REVISIONS
DUE TO LACK OF SPECIFIC DIRECTION AND DEFINITION
- 2) THE BUDGET IS SIGNIFICANTLY BELOW PROVINCIAL
AVERAGES (ABOUT $1.4 UNDERFUNDED COMPARED TO
- 4) COMMUNICATION, A FUNCTION OF TIME
COMMITMENT, NEEDS TO BE ADDRESSED
- THERE ARE FOUR THAT DIRECTLY AFFECT ELGIN:
- 1) that permits be obtained for the use of the road
during the course of a project and will include periodic
engineering assessment of the structural integrity of the
road (HIPSON REC #7)
2) that the county create and utilize a standard
maintenance report to
(HIPSON REC #8)
be completed on a regular basis
- 3) quarterly County of Elgin inspections be conducted
with the municipal road official (HIPSON REC #9)
- 4) all Elgin Municipalities provide quarterly "activity
reports" back to the County of Elgin (HIPSON REC #10)
/EIga
- The County must respond to the Chief Coroner by no
later than November 2009
. NOTE: RECOMMENDATION #6 FROM THE HIPSON
INQUEST RELATES TO MINIMUM ROAD STANDARDS
WHICH ARE GOVERNED BY REGULATION ENACTED
PURSUANT TO THE HIGHWAY TRAFFIC ACT(ONTARIO)
and IS THEREFORE BEYOND THE COUNTY'S
JURISDICTION (ALTHOUGH IT REMAINS OPEN TO ELGIN
COUNTY TO ADOPT STANDARDS FOR COUNTY ROADS
WHICH EXCEEDS THE MINIMUM STANDARDS
ESTABLISHED BY PROVINCIAL REGULATIONS)
- OPTION #1- TO FULLY IMPLEMENT THE
RECOMMENDATIONS (22 OF THEM) CONTAINED IN THE
AECOM MAINTENANCE NEEDS STUDY
- A PRELIMINARY ESTIMATE FROM AECOM TO
ACCOMPLISH THIS IS AS FOLLOWS:
- NEW MAINTENANCE AGREEMENT = UP TO $50,000
- DETERMINE BASIS OF PAYMENT FOR LEVEL OF
EFFORT= UP TO $12,000
- STANDARD OPERATING TEMPLATES = UP TO $20,000
- WINTER CONTROL OPTIMIZATION STUDIES = UP TO
$300,000
~l~a~
- STANDARDIZED FORMS = UP TO $20,000
- GPS IMPLEMENTATION STUDY REPORT = UP TO
$10,000
- GPS IMPLEMENTATION = UP TO $400,000
- RANGE IS BETWEEN $450,000 TO $8127000
- WITHOUT GPS AND WINTER CONTROL OPTIMIZATION
THE RANGE IS $50,000 TO $112,000
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- IS A WHOLESALE CHANGE IN THE SYSTEM NECESSARY?
- IS IT AFFORDABLE?
- DOES THE ENTIRE SYSTEM NEED IMPROVEMENT OR
CAN IT BE ENHANCED/TWEAKED IN STRATEGIC AREAS?
- IS THERE A WAY TO MOVE INCREMENTALLY, IN AN
AFFORDABLE FASHION THAT IMPROVES
COMMUNICATIONS, CLARIFIES ROLES AND
RESPONSIBILITIES, ENHANCES ACCOUNTABILITY AND
ADDRESSES THE RECOMMENDATIONS OF THE HIPSON
INQUEST?
- OPTION #2, LABELLED "A PRACTICAL APPROACH" MAY
BE WORTH CONSIDERING
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- CREATE QUARTERLY INVOICING MECHANISM AND
ACTIVITY SUMMARY AND A CORRESPONDING COUNTY
PAYMENT REQUIREMENT CONDITIONAL UPON
MUNICIPAL FULFILLMENT OF PERFORMANCE AND
REPORTING REQUIREMENTS DURING THAT PREVIOUS
QUARTER
- DEVELOP A FINANCIAL INCENTIVE SYSTEM TO REWARD
FULL COMPLIANCE INCLUDING ALL INSPECTION AND
REPORTING REQUIREMENTS
- DEVELOP COMPENSATION RATES THAT REFLECT THE NEW
EXPECTATIONS KEEPING IN MIND THE COUNTY'S LIMITED
FINANCIAL RESOURCES- THERE MUST BE A PRACTICAL BALANCE
BETWEEN DELIVERABLES AND PAYMENT
- THE COUNTY TO HIRE A QUALITY ASSURANCE TECHNICIAN TO
WORK WITH MUNICIPALITIES TO HELP FOSTER COMPLIANCE AND
TO IMPROVE COMMUNICATION
- RETAIN OUTSIDE PROFESSIONAL ENGINEERING
ASSESSMENT/INVENTORY OF CONSTRUCTION DETAILS FOR
COUNTY ROADS AND DEVELOP A PROTOCOL FOR ENGINEERING
wadi ASSESSMENT OF ROADS BEING TRANSFERRED TO ELGIN COUNTY
Elgia~'
- OVERLOAD PERMIT BY-LAW RE-DRAFT= NOT TO
EXCEED $5,000
- ROAD TRANSFER PROTOCOL= NOT TO EXCEED $5,000
- TIGHTENING THE EXISTING ROAD MAINTENANCE
AGREEMENT IN THE AREAS PREVIOUSLY DESCRIBED=
NOT TOO EXCEED $12,500
- TOTAL FOR SOLICITOR = $22,500
- GEOTECHNICAL INVENTORY OF SURFACE TREATED
ROADS/OVERSIZE/OVERWEIGHT PERMITTING=
$40,000 PLUS TAXES (QUOTE FROM GOLDER AND
ASSOCIATES)
- TOTAL COST OF OPTION #2 = $62,500
//Elgin'-
- MAXIMUM COST $80,000 INCLUDING SALARY,
BENEFITS, MILEAGE, ADMINISTRATIVE OVERHEAD ETC.
FOR QUALITY ASSURANCE OFFICER/CONSTRUCTION
TECHNICIAN
- NOTE: TO BE RETAINED ONCE ROAD MAINTENANCE
AGREEMENT HAS BEEN REVISED AND APPROVED BY
ALL PARTIES
r - THIS WOULD BE FINANCED AS AN ADDITION TO T
ENGINEERING SERVICES BUDGET COMMENCING IN
-lam 2010
A 17
- THERE ARE ESSENTIALLY TWO OPTIONS AVAILABLE
- OPTION #1, FULL IMPLEMENTATION, HAS VERY LARGE
FINANCIAL IMPLICATIONS AND MAY NOT BE
NECESSARY TO MEET EXPECTATIONS
- OPTION #2, THE PRACTICAL APPROACH9 IS MORE
MANAGEABLE, SERVES TO I MROVE SYSTEMS AND IS
DEEMED MORE AFFORDABLE
- BOTH OPTIONS DO ADDRESS THE HIPSON
RECOMMENDATIONS
Elg~r~ _
- THAT OPTION #2, THE PRACTICAL APPROACH, BE
HEREBY AUTHORIZED AND ENDORSED FOR
IMPLEMENTATION; AND,
- THAT THE COUNTY SOLICITOR BE ENGAGED TO
COMPLETE THE TASKS IDENTIFIED FOR THE SOLCITOR
IN THE CHOSEN OPTION AND IN KEEPING WITH THE
COST ESTIMATES PROVIDED HEREIN; AND,
- THAT GOLDER AND ASSOCIATES BE RETAINED TO
CONDUCT THE GEOTECHNICAL INVENTORY OF SPECIFIC
SURFACE TREATED ROADS AND
OVERSIZE/OVERWEIGHT PERMITTING ACCORDING TO
THEIR QUOTED PRICE DATED APRIL 7T", 2009
Elgin
- THAT THE REPORT ENTITLED MOVING FORWARD-ROAD
MAINTENANCE NEEDS STUDY AND HIPSON
RECOMMENDATIONS DATED MAY 26T", 2009 BE
APPROVED.
- ALL OF WHICH IS RESPECTFULLY SUBMITTED BY MARK
G. MCDONALD, C.A.O
77 -
'
1
HIPSON Verdict Explanation 3
Explanation of Recommendations:
1. Ontario Good Roads Association should recommend all road
supervisors/superintendents become Certified Road Supervisors, as a mandatory
minimum qualification of their employment.
Coroner's Comments:
The inquest heard that road supervisors had varied levels of training and expertise.
2. Mandatory annual attendance at "Road School" by the Municipality and County roads
superintendents. Other road employees should be given the opportunity of attending.
Coroner's Comments:
The inquest heard that continuing education and upgrading of knowledge and skills is
sporadic and inconsistent.
3. That the Ministry of Municipal Affairs recommend that on large, multi jurisdiction
construction projects, 1 or more qualified local government official be designated to deal
with issues/questions that may arise (permits/road issues/regulations etc.) relating to the
project.
Coroner's Comments:
The inquest heard from company officials that local rules and regulations are different
from site to site and that communication breakdown with local officials is a frustration
and a problem.
4: The Ministry of Transportation should give consideration to amending S. 110 of the
Highway Traffic Act to require that all Municipalities make over dimensional vehicle
permits mandatory. All Municipalities should be educated on the regulations for over
dimensional loads/equipment. The Ministry of Transportation should consider providing
assistance when requested.
Coroner's Comments:
Permits at the County and Municipal level are sometimes viewed as discretionary and
the inquest heard that local officials are often confused about the implementation of
such a system.
5. That the Building Code Act and/or it's Regulations be amended to include a requirement
that each building Permit include a check box indicating all relevant permits have been
applied for and granted. Copies of those permits should be attached.
Coroner's Comments:
The inquest heard that there is essentially no `reminder system' in place to ensure that
permits have been requested.
6. That the Province consider amending the Minimum Road Standards to give
consideration to periodic inspections for the structural integrity of roads and to include a
requirement to maintain construction details and maintenance records. This should also
include records of visual inspections.
HIPSON Verdict Explanation
4
Coroner's Comments:
The inquest heard that road construction and maintenance records were not available
as these are currently not required.
7. That permits obtained for the use of the road during the course of a project will include a
requirement for a periodic engineering assessment of the structural integrity of the road,
if deemed necessary and appropriate by the official granting the permit.
Coroner's Comments:
The inquest heard that the Erie Line Road involved in this death was inn poor condition
as a result of the overweight vehicle traffic, but that the integrity of the road was not
being assessed.
8. The County of Elgin create and utilize a standardized maintenance report to be
completed on a regular basis.
Coroner's comments:
Self-explanatory.
9. Quarterly County of Elgin inspections to.be conducted with the Municipal Road Official.
Coroner's Comments:
The Municipality is doing Road maintenance, but the County owns the road.
Communication was a deficiency identified. by the jury.
10. All Elgin Municipalities provide quarterly "Activity Reports" back to the County of Elgin.
Coroner's Comments:
Similar to the comment made for recommendation #9, the communication issue is
focused on.
11. Bayham Township should implement a permit system immediately.
Coroner's Comments:
Self-explanatory.
12. Crane manufacturers should consider changing the designs of future cranes to include
at least 2 escape exits.
Coroner's Comments:
Although an extra escape route was not material in this death, the inquest heard that
some newer cranes have an additional exit as a safety mechanism and that workers in
the crane industry felt that this is a wise design feature.
E/gin Coun/y
Elgin County t&aintenance Study
AECOM
It further appears that staffing at both of the municipal levels is an issue and should be dealt with by the
respective municipalities.
Politics is also a factor and,
to as great an extent possible, should be excluded from the managemen
t of
the agreement.
I
Recommendations
i Recommendation 1
That the Maintenance Agreement between the County and the
1
Lower Tier Municipalities be revised to clarify the roles,
expectations and deliverables
..10
Recommendation 2
That the revised agreement include funding for activities that is
based on typical/average levels of effort and material usage and
that the agreement require tracking of these elements
10
Recommendation 3
That the basis of payment in the revised agreement be based
upon the typical effort and material that are expended for the
deliverable services
10
Recommendation 4
That the agreement be revised to require documentation be
provided to the County identifying labour, equipment and material
usage by activity
10
Recommendation 5
Documentation requirements for all aspects of the agreements
should be standardized
10
Recommendation 6
All municipalities should review their contractor insurance
requirements
10
Recommendation 7
That the revised agreement include provisions for penalties for
non-compliance
....10
Recommendation 8
That the revised Municipal Act be reviewed to confirm the roles of
Council and staff
10
i Recommendation 9
That an equipment rate schedule be developed, standardized and
used consistently across the County. The equipment rates should
be reflective of all elements of the equipments costs including, but
not limited to maintenance, operating and capital replacement
costs
14
Recommendation 10
That the revised agreement should include provision for subsidy of
housing and administrative costs for the relative percentage of the
County road system being maintained by the respective
4
municipalities
14
Recommendation 11
That the County create an Operations Manager position with
appropriate support staff to manage the Maintenance Operations
Contracts
.....15
Recommendation 12
That the Lower Tier Municipalities review their staffing levels to
ensure that there is sufficient management and administrative staff
to deal with the documentation requirements of the agreement,
both existing and proposed
15
Elgin eu,nlV,alnlenence Needs Studr 109550 (9300200 0 8); January 2009
Elgin County
Elgin County Maintenance Study
AECOM
Recommendation 13 That all of the municipalities establish a training policy (and
dedicated budget) that includes core training on basic
` maintenance and construction for all operations staff, equivalent to
A the OGRA Mahoney Road School; for operations staff that are first
level supervision or above the training should continue through
i OGRA C.S. Anderson Road School or equivalent; for engineering
staff training should include an appropriate selection of courses
from the OGRA Municipal Infrastructure training program or
equivalent. 16
Recommendation 14 All the municipalities should review opportunities to create
' Standard Operating Procedures for all of their County related
activities 19
Recommendation 15
All municipalities should continue or establish a traffic counting
program in order to establish the MMS classes for their road
networks over a 3 to 5 year cycle...
19
Recommendation 16
Once appropriate MMS Classes have been established, winter
control route optimization studies should be undertaken
19
Recommendation 17
Standardized forms should be developed for reporting on road
conditions, mandatory patrols,. material usage and
accomplishment, year end and all other reporting requirements for
the agreement
19
Recommendation 18
As part of the move to standardized forms, electronic data
collection/GPS should be given consideration for implementation
at all municipalities
19
Recommendation 19
The County should revise its inspection form to list the specific
condition/measurements that are being reviewed
....19
Recommendation 20
The County and the Lower Tiers should conduct the quarterly
inspections jointly
19
Recommendation 21
The County should review the Operating/Maintenance budgeting
levels and adjust accordingly in concert with the
clarification/expectation of the deliverables
20
Recommendation 22
Opportunities for combining common efforts and answering
services should be reviewed
22
Elgin County 6lainte nc Heads Study/ 10980(Q002001488 January 2009
Golder
_ Associates
April 7, 2009 (Revised)
Mr. C.D. Waiters P.Eng., Manager of Engineering Services
The Corporation of the County of Elgin
450 Sunset Drive, 2nd Floor
St. Thomas, Ontario
N5R 5V1
GEOTECHNICAL INVENTORY OF SURFACE TREATED ROADS
COUNTY OF ELGIN, ONTARIO
OVERSIZE/OVERWEIGHT PERMITTING
COUNTY OF ELGIN, ONTARIO
Dear Mr. Walters:
Proposal No. P91-3088-P01
In response to our recent discussions, we are pleased to submit our work plan and cost estimate for carrying out
a geotechnical inventory of approximately 110 kilometres of surface treated County roads in the County of Elgin,
Ontario. The purpose of the inventory is to establish typical pavement construction details for each section of
roadway together with any areas of roadway platform width which might impose special constraints and/or
conditions on permits for oversize/overweight loads.
Work Plan
The Inventory would be carried out by senior geotechnical staff completing a visual inspection of the roadways to
document pavement condition, the presence of steep sided embankments, platform width, roadway drainage
and the like. Subsequently, a drilling program consisting of approximately one borehole per kilometre would be
carried out to determine the existing pavement structure and subgrade conditions.
The results of the field work would be compiled and provided in a report including the details of the inspection
and boreholes and providing a summary for each section of roadway. The database would provide the
background information required to assess pavements for oversize/overweight vehicles. In the event that poor
or marginal pavement conditions are present, additional site investigation may be required at the time permits
are applied for if alternative routes could be considered.
Cost
The estimated cost of the program outlined above is approximately $40,000, exclusive of taxes. The actual
costs would be billed on a time and disbursement basis in accordance with our standard Schedule of Charges.
Our standard Terms and Conditions for work of this nature are attached.
5 BEST 1_ I
Metoa
IN CANADA %
2.008
GoiderAsseolates Ltd.
309 Scoter Road, Unit R7, Lordon, Ontario Canada NOL ICI
U:(610)6520099 F=(619)6526299 ww gowenoom
Golder Assodates; Operations in Af loa, Asia, A.UalasW, Europo, North Awrim and South Amerux
Mr. C.D. Walters P.Eng., Manager of Engineering Services P91-3088-P01
The Corporation of the County of Elgin April 7, 2009
We trust that the enclosed is satisfactory. Should you wish any modifications, please advise the undersigned.
When you wish us to proceed, please sign a copy of this letter and return it to our office. We look forward to
being of assistance to the County on this project.
Yours truly,
GOLDER ASSOCIATES LTD.
Philip . Bedell, P.
PRB/SJB/cr
Attachment: General Terms and Conditions
nAeOvelproposesr2009 proposelsP914088 aurfaw heated rds-elglnW13088-01 aptI09 (revised) surface treated rds-ovenIze."ght 4191n.d=
Work authorized by:
Signature
Phone
Client Project No.
212
-Golder
Associates
Golder Associates
&aaider
Associtates
GENERAL TERMS AND CONDITIONS
Revised January, 2006
Golder Assgcimes Ltd. (Golder) and the Client (is described in the attached Proposal) agree that any professional sehvrces, irmhading subsequent sehvices mid changes,.
(collectively ilia Services) to be provided by Golder relining to die Proposal will be on the following Temis and Conditions (collectively the Agreement):
1. Standard of Care - Services performed by Golder will be conducted in
a manner consistent with that level of care and skill ordinarily exercised
by members of the engineering and science professions comrently
practicing order similar conditions in the mire locality, subject to the
time Ibnits and physical constraints applicable to the Services. No
warranty, express or implied Is made. The Client understands that in die
nonhal course of work sane surface damage they occur, the restoration of
which isoutpost offus Agreement.
2. Right of Entry, Permits, Site Information and Utilities - Client shall
obtain all necessary permits and licenses and provide right of entry for
Golder and its subcontractors to carry out the Services, Client warrants
that it has fumislred to Golderall information known to, orsuspecledby,
Client relating to rho past and existing conditions of the site, including
but not limited to soil and geologic data, any of-site hazardous materials,
and su&eranean utilhies. Goldermayrelyonsuchinfornation,
3, Safety - Golder shall he responsible only fur its uctivities and that of its
employees and nothing shall imply that Golder lies any responsibility for
job site safety, which is die responsibility of Client or its contractors.
4, Payment - Golder will submit moodily invoices to Client and a final bill
upon completion of Services, Client shalt notify Golder witdn ten (10)
days of receipt of invoice of any dispute with the invoke, and the parties
will promptly resolve any disputed items. Pawnent on undisputed Invoice
nationals is due upon receipt of invoice by Client and is past due thirty (30)
days from she date of the invoice, Client agrees to pay a fiance chamgo of
one and one-half percent (1-I/2%) permonth of past due accounts and any.
legal car other collection costs inc-med by Golder in pursuit of past due
payments. Ifpaymentmaoinspast due sixty'(60) days fromtbc date ofthe
invoice, Olen Golder shall have the rigid to suspend all work under this
Agreement, withranprejudice,
5. Changes- Client and Golder nxognrze that it may benecessary, tomodily
the scope of Services, the schedule,. mid/or the cost estimate proposed it
this Agreement, Such changes shall change ilre scope of Services, schedule,
andrordie cost, as maybe equitabloorder the circumstances,
6. Delays - If site conditions prevent or inhibit perfonnanco of Services or
if unrevealed hazardous waste materials o' conditions ore encountered,
Services under, this Agreement may be delayed. Client shall not hold
Golder responsible for damages or delays in performance caused by any
such delays, or delays caused by Client, its subcontractors, acts of God,
acfs.and/or omissions of govemmenml authorities and regu awry agencies
.or other events which are beyond the regxandsle control of Golder. Delays
in excess of thirty, (30) days shall, at the option of Goldey make this
Agreementsubject olemhliation ormrenegototion.
7. Insurance • Golder carries and shall maintain: vvoriter's compensation
insurance to statutory required amounts; commercial general liability
coverage in the amount of $1,000,000 per occurrence and $2,000,000 in
the aggregate; professionat liability coverage in the anhount of
$1,000,000 per any one claim and $3,000,000 in the, aggregate; and
automobile insurance in the amount of $1,00,000 Certificates for all
such policies ofinsumhcesball beprrovided to Ole Client uponrequest.
S. Mutual Indemnity - Golder agrees to indemnify and save harmless
Client its Officers, directors, employees, subcontractors, and agents front
and against all claims, damages, losses, and expenses (including but not
limited to legal fees) arising from personal injury, death, or damage to
third-party property to the extent arising from the negligent acts, eirors
and omissions of Golder. Client agrees to indemnify, defend and save
harmless Golder and its officers, directors, employes, subcontractors,
and agents front and against all claims, damages, losses, and expenses
(including but not united to legal fees) orking out of or resulting from
the Services orwotk of Golder} including but not limited to, claims made
by third parties orhnyclairns against Golder arising from the acts, mars,
or onissiuns of Client or others. To the futcst oxtem permitted by law,
such indermi iffemlon shall apply regardless of breach of contract or shim
liability of Golder. Such indemnity shall not apply to the extent that
Golder is finally determined to be negligent.
Properly Transactions - In connection with any contemplated or actual
purchase or sale of property related to the Services, Golder will not be
responsible for the independent conclusions, interpretations,
interpolations and/or decisions of the Client or others arising omit of data
ubich is directly the product of Golder's Services.
10. Limitation of Liability- Client agrees to limit the liability of Golder, its
employees, officers, directors, agents, consultants and subcontractors to
matters which arise directly from Golder's acts, Orion; or omissions and
such that. the total aggregate liability of Golder, whether arising In
contract, tint, or othetwlse, shot] not exceed the greater of $50,000 (fifty
thousand) or Golder's total fee for the Services. Any liability of Golder
shall expire one year after substantial compiedon of die Services..
Neither party shall to responsible for lost revenues, lost profits, cost of
capital, claims of customers, or oilier special, indirect, cansequendal or
punitive damages.
11. Subsurface Risks - Special risks occur whenever engineering or related
disciplines are applied to identify subsurface conditions and even a
comprehensive•sampling and testing pmgrmn may fail to detect certain
conditions. The environmental, geological, geotechnical, geochenrical
and hydrogeological conditions that Golder interprets to exist between
sampling points may differ from those that actually exist Client agrees
to waive any-claim against Golder, and agees to defend, indemnify and
]told Golder harmless loan any claim or liability for injury or loss which
may arise as a result of any damage and resulting impacts to subterranean
structures, utilities, or, cross-contamination caused by any subsurface
investgation.
12.. Discovery of Hazardous Materials - Client recognizes that hazardous
or suspected hazardous substances may he discovered at the site in be
course of the Services and that the presence of such substances are not
the responsibility of Golder. All contaminated saniples, materials and
field equipment that cannot be readily cleansed, shall remain. the
property and responsibility of the Client far proper handling mid
disposal. Client agrees that the discovery of any such substances shall
constitute a changed condition for which Golder shall be fairly
'compensated. Client agrmfowitheany claim against Golder, and agrees
to defend, indemnify and hold Golde lumerless from any claim or liability
for f thiry or loss of any type arising ftnm any alleged or actual discovery
ofhantrious or suspected hazardous substances.
13. Ownership and Use of Instruments of Sen•Ice - All reports, plans,
.data, notes, drawings,and other docmnents prepared by Golder are
considered its professional work product and shall remain die copyright
property of Golder. 7Im Services and doe mumis provided by Golderam
Intended for ono time use only. At the request and expense of Client,
Golder shall provide the Client with copies of such documments, Client
acknowledges that electronic media are susceptible to unauthorized
modificatou, deterioration, and incompatibility and therefomCliemommim
rely upon the elecomide media version,
14. Litigation -The Client shall reimburse Golder for all direct expenses
end tune in connection wfth•any disputes, litigation or arbitration
involving represenmlives, or documents of Golder arising out of the
Services in aecardmrcowith Golder's then prevailing Schedule of Pees.
15. Miscellaneous - a) This Agreement supersedes all other agreements, amt
or written, and contains the entire agment nt of the parties concerning ila
subject matter. No cancellation, modification, amendment, deletion,
addition, waiver or other change it this Agreement shall have effect unless
' specifically set forth fit writing signed by the party to be bond thereby.
Titles in this Agreement am for convenience Only; b) This Agreement shall
be binding upon and inure in the benefit of the parties hereto and tbek
respective successors and assigns provided that Ratty not bonssigned by
either party without consort of ilia other, c) All representations and
obligations (including without limitation the obligations of Client to
indemnify Golder and die Limitation of Liability) stall survive indefinitely
the termination of the Agreement; d) Any provision, to the extent it is
found to be, unlawful er unenforceable shat] be stricken without affecting
any otter provisions of this Agreement: e) All queakic; concerning tie
validity and operation of this Agreement and the performance of too
obligations Imposed upon the parties heremider shhall be gummed by the
laws of the Province of.Onmriu. NOTE-'The Client acknowledges and
agrees that if it accepts the attached Proposal, or if Golder performs
the Services contemplated therein, then the above General Terms and
Conditions and the Proposal engagement letter shall constitute a
binding Agreement for the We benefit of the Client and Golder, and
thatno third-party beneficiaries are created by this Agreement.
Golder Associates Ltd.
°lgirlCounf:y REPORT TO COUNTY COUNCIL
FlagfitmblIt."-
FROM: Brian Masschaele
Director of Community and Cultural Services
DATE: May 14, 2009
SUBJECT: Digital message board policy
INTRODUCTION:
This report establishes a policy for posting information on the digital message
board in front of the Elgin County Administration Building.
DISCUSSION:
The digital message board that forms part of the new sign in front of the Elgin
County Administration Building will be an important tool in communicating
information about County programs, services and events. Attached to this report
is a policy to govern the scope, content and approval process for information
posted for Council's consideration.
CONCLUSION:
Staff are confident that this sign will enhance awareness of County events and
services, including exhibits and programs of the museum, archives, tourism
services and economic development.
RECOMMENDATION:
THAT the "Digital Message Board Policy" attached to this report be hereby
approved.
11 of which is Respectfully Submitted Approve mi 'e
Brian Masschaele ark McDonald
Director of Community and Chief Administrative Officer
Cultural Services
POLICY: Digital Message Board Postings
Purpose
This policy establishes an approval process for posting information and events on the digital message
board forming part of the sign in front the Elgin County Administration Building.
Scope
All messages, information and events must pertain to a department or service of the County of Elgin.
Content
Every attempt should be made to minimize message length for effectiveness and to promote safety for
passing motorists. The current time, date and/or temperature will serve as the default setting in the
absence of any messages. Messages pertaining to a declared emergency situation shall have first priority.
Approval Process
Equipment and software for posting messages will be maintained by the Department of Community and
Cultural Services. Requests to post information and events must be submitted in writing for the approval
of the Director of Community and Cultural Services. Every attempt will be made to accommodate two or
more messages should simultaneous requests be received. The Director reserves the right to prioritize or
edit messages in accordance with this policy.
The Chief Administrative Officer in consultation with the Director of Community and Cultural Services shall
have authority for posting emergency information and any special public notices.
Approved by Elgin County Council:
County of Elgin
450 Sunset Drive
St. Thomas, Ontario
N5R 5V1 Canada
Phone: 519-631-1460
%"vw.elgi n-cou nty.on.ca
v
E''inCOUMy REPORT TO COUNTY COUNCIL
PoP~ressirt4/f+_•cure
FROM: Brian Masschaele
Director of Community and Cultural Services
DATE: May 11, 2009
SUBJECT: Relocation and Expansion of Springfield Library
INTRODUCTION:
The Township of Malahide has notified staff that it will be relocating and
expanding the Springfield Library in 2010. This report seeks County Council's
endorsement of this project and provides initial information regarding its scope.
DISCUSSION:
The Township of Malahide is in the process of designing and constructing a new
community complex in Springfield called "Malahide Community Place". Attached
to this report is a letter from the Township notifying staff of the intention to
relocate the Springfield Library into this complex with a tentative opening of April
1, 2010. The new library will comprise 2,000 square feet of leased space in the
building, a significant expansion from the 1,200 square feet that the library
currently occupies. The library will also have additional use of meeting rooms for
programming purposes.
The current library has served the community very well and indeed has produced
award winning results but there is a clear need for more space to facilitate public
programming such as children's storytime, "Teen Zones", more public access
computers and to increase the size of the collection. Benchmarks provided by
the Administrators of Rural-Urban Public Libraries of Ontario (ARUPLO), an
organization which represents county library systems in the province, state that a
facility of 2,000 square feet or more is justified based on current statistics such as
population served and circulation levels.
Staff are particularly pleased to participate in this project from the perspective of
cultural planning. The library will be strategically placed as part of a larger
community centre in the heart of the community where there will be on-going
events and attractions to create cross-cultural synergies in the community. For
instance, the Township has already notified the Elgin County Archives and Elgin
County Museum of the intention to create a historical display area in the
building's lobby to celebrate the community's rich history. There are also plans
for service kiosks which will compliment information resources provided by the
library through initiatives such as Service Ontario. The library's resources and
equipment will furthermore be of great benefit in the event of a declared
emergency in the Township as the centre will serve as a shelter in such
situations.
Council should be advised that there will be an impact to the library's operating
budget as a result of this move. A new lease will be required beginning in 2010.
Based on the approved figure of $12 per square foot for library space, annual
leasing costs to the Township of Malahide will increase from $15,000 per annum
currently to approximately $24,600 per annum. Hours of operation may also be
increased slightly from the current 23 hours per week. In total, Council can
expect a $10,000 -12,000 annual increase as a result of this move which staff
will incorporate into budget deliberations for 2010. Any additional furnishings and
equipment that will be required will be drawn from existing reserves set aside for
library use.
CONCLUSION:
The Township of Malahide is to be commended for the approach taken to date in
planning this facility. County staff's feedback has been solicited throughout the
planning process. This includes participation in a stakeholder's meeting and a
public meeting where several improvements to the initial design were made and
incorporated. The Township is also to be commended for adding a significant
cultural component to the overall complex.
RECOMMENDATION:
THAT County Council hereby supports the relocation of the Springfield Library in
2010 into a larger facility of approximately 2,000 square feet as part of Malahide
Community Place; AND
THAT costs associated with this relocation be integrated into 2010 budget
deliberations.
All of which is Respectfully Submitted
Brian Masschaele
i L--~Z-
Director of Community and
Cultural Services
Approv d fa
Mark s nald
Chief Administrative Officer
87 John Street South,
Aylmer, Ontario N5H 20
Telephone: 519-773-5344
Fox: 519-773-5334
wymtownship.molohide.on. ca
April 21, 2009.
County of Elgin,
450 Sunset Drive,
St. Thomas, Ontario.
N5R 5V1
Attention: Brian Masschaele
Dear Sir:
RE: Notice of Springfield. Library Relocation.
The Township ofMalahide wishes to give you formal written notice of the Elgin County
Springfield Branch library relocation.
The Township of Malahide was successful in gaining funds through the Build Canada
Funding Program which will be used to construct a new multi-use Community facility in
the Village of Springfield. The new facility will contain approximately 2,000 square
feet of building area which will be allocated for anew library facility. The projected
facility opening will be April 1, 2010. The County will have use of the current location
until the new facility is ready for occupancy.
We trust that this is sufficient notification and I am available for any questions or
concerns you may have in regard to this.
Yours very truly,
TOWNSHIP OF MALAHIDE
EUGENIO.D0~V7 .
Director of Municipal Services
RANDALL R. MILLARD SUSAN E. WILSON
C.A.O./Clerk Treasurer
freasurer@IoNvnsfitp.molohide.on.co
~SPRIET ASSOCIATES
'cPtects - anglneem
we
PROPOSED TEED SIRATEGM
e~x~
reu.,,~a
ara
°
~
a
e
•~`.m~G.
TO'4VNSFIIP OF MALATIIBF
f Llt n~: REPORT TO COUNTY COUNCIL
1.,~see.. kN t;m
FROM: Jim Bundschuh-Director of Financial Services
DATE: May 19, 2009
SUBJECT: Council and Outside Boards Remuneration Update
INTRO_ D_ U_ TON:
Starting in May 2008, as an outcome from a comprehensive compensation
review by an independent firm specializing in comparative analysis, Council had
the option of receiving additional health benefits through Manulife from the
County as approved at March 25, 2008 Council meeting. The actual costs were
not subsequently recorded in the accounting system in the Warden & Council
departments, but were distributed across all the other departments. As a result
of this, the annual Council and Outside Board Remuneration report as presented
to Council on January 22, 2009 did not include benefits paid to Council.
DISCUSSION/ CONCLUSION:
The benefit cost for Councillors in 2009 need to be charged to the Warden &
Council departments. The 2009 budget as approved on April 14, 2009 did not
include benefits for the Council and Warden. Attached is the recommended
transfer from the various departments' benefit budgets to create a benefit budget
for the Warden and Councillors.
Attached is the revised Treasurer's Statement of Remuneration and Expenses
for County Council reflecting the actual benefit costs paid in 2008 of $14,710.
Warden and Council remuneration and expenses including benefits totalled
$216,147 for the 2008 calendar year.
RECOMMENDATION:
THAT the Treasurer's Statement of Remuneration and Expenses for County
Council be received and filed, and
THAT the budgets be revised to reallocate benefits budget to the Warden &
Council department.
All f h is Respec ully Submitted
Jim Bundschuh
Director of Financial Services
Approve re
onald
Chief Administrative officer
TREASURER'S STATEMENT OF REMUNERATION AND EXPENSES - FOR COUNTY COUNCIL
Revised to include Benefits
To the Warden and Members of the Elgin County Council,
The following is a statement of the remuneration, mileage, and expenses paid to each
member of the Elgin County Council for the period of January 1, 2008 to December 31, 2008.
REMUNERATION and MILEAGE
COUNCIL COMMITTEES and OUTSIDE BOARDS
ACRE,
LYNN
19,447.14
534.24
21
HABKIRK,
ROBERT
,
595.22
49
HOFHUIS,
SYLVIA
,
103.47
21
MARKS,
TOM
,
571.47
18
McINTYRE,
JAMES
,
191.67
21
MENNILL,
DAVID
,
268.66
21
VOWEL,
BONNIE
,
919.56
21
WARWICK,
GRAHAM
,
515.23
21
WILSON,
JOHN
,
216,146.66
TOTAL
By-Law 05-12, By-Law 05-13 and By-Law 06-45-
All of which is respectfully submitted.
C~4jimBund uh
r of Financial Services
Approved for
Chief Administrative officer
Councillor Benefit Budget and Actual Reconciliation
Jan 1985.796
Feb 1985.796
Budget Adjustment for Councillor Benefits 2009
Mar -Dec 20597.976 (1907.22 plus PST per month)
Total Benefits 24569.568
Budget and Actual Correction to be made in April accounting period
Actual Cost
Adju
stment
Curren
t Budget Total
Budget Revised Budget
(Ja
eb
nlF
eb,
Jan % Feb
% Mar
% Total
Reall
ocated for2009
45 5400-130
091
55 $70
5
626
Administrative Services
2.32%
1.68%
1.69%
43%
0
$70,519.00
978.00
$11
5427.
$113.43
.
,
511,864.57 5400-270
524.63
270
Ambulance
ula
0.62%
63%
0
0.62%
63%
0
.
0.61%
,
S27,592.00
$150.18
527,14
7
$25.06
56
531
185
Ab
.
0
80%
.
0
79%
0.95%
$35,450.00
$226.30
23
0 5400-460-30
S35,
.
61
SI4
421
BOB-Administration
.
37%
0
.
37%
0
0.36%
$10,543.00
$87.89
S10,455.11 5400-450-30
.
14
587
399
BOB-Building ra nitre
.
.
2
18%
2
12%
$95,883.00
$524.37
$95,358.63 5400-410-30
.
1
342
BOB-Dietary
2.21%
.
45%
0
.
44%
0
$35,450.00
S108.76
S35,341.24 5400-460-30
$18.0
358
BOB-DON
0.46%
.
79%
6
.
59%
6
$292,950.00
$1,763.72
$291,186.28 5430-420-30
96
$263.
2
355
6.50%
.
13%
1
.
1
10%
550,563.00
$271.16
$50,291.84 5400-430-30
$45.1
372
BOB-Housekeeping
1.14%
0
56%
.
56%
0
.
0.54%
532,489.00
$133.83
$32,355.17 5400-400-30
$73
67
330
BOB-Resident Services
.
.
84%
1
78%
1
$111,600.00
$440.84
$111,159.16 5410-420-30
.
356
BOB-RN
1.87%
.
56%
1
.
1
87%
551,150.00
$446.58
$50,703.42 5420-420-30
4
357
BOB-RPN
1.57%
42%
0
.
41%
0
,
0.40%
537,882.00
$98.47
$37,783.53 5400-280
$16.4
00
$15
280
Economic Development
.
.
0
38%
36%
0
$18,000.01
$89.69
$17,910.32 6820-420-10
.
3
F.AI Aledical Director
0.38%
.
05%
1
.
01%
1
$43,637.00
$250.11
$43,386.89 5400-460-10
141.865
EAI-Administration
1.06%
.
3
41%
.
31%
3
$138,410.00
5820.09
$137,589.91 5400-010-10
5137.68
17
1657
EAI-Dietary
3.49%
41%
.
40%
0
.
39%
0
$37,088.01
$96.97
$36,991.04 5440-420-10
.
70
150
513
EM-Director oCNarsing
0.
.
02%
0
.
02%
0
553,885.00
$4.07
$53,880.93 5400-400-10
.
38
16D0
EAI-Hairdressing
0.02%
.
02%
12
.
54%
11
5514,013.00
$2898.06
5511,014.94 5430-420-10
$478.
4
1718
EAI-HCA
12.07%
.
35%
2
.
26%
2
$110,857.00
$558.52
$ISQ,298.68 5400-430.10
$93.8
18
1779
EAI-Housekeeping
2.38%
51%
0
.
51%
0
.
0.49%
$11,610.00
$12013
517,489.77 5400-450-10
10
$20.
90
$31
1914
EM-Aiahlenmue
.
.
80%
0
77%
0
$53,885.00
5189.74
$53,695.26 5400-400-
.
1599
EAI-Resident Services
0.81%
.
37%
2
.
55%
2
$195,815.00
$619.21
5795,195.79 5410-420-10
$94.61
1751
F.AI-RN
2.40%
.
24%
3
.
25%
3
589,748.00
$799.19
$88,948.81 5420-420-10
5$87.543
1753
EAI-RPN
3.28%
.
19%
2
.
2
12%
$62,000.00
$524.16
561,475.84 5400-170
4
26
5778
Engineering Services
2.21%
89%
2
.
2
86%
.
2.99%
$83,047.00
5730.51
,316.49 5400-140
20
.
511
2 96
5238
Financial
.
53%
0
.
52%
0
0.50%
558,814.00
$124.75
$58
99.25 5400-400-
$58,
5107
86
935
HORSES-Adult Day Program
.
.
2
70%
62%
2
$79,245.00
$647.17
5
$7$597.83 5400-160
.
62
ITR
2.73%
.
1
78%
.
172%
558,084.00
$424.90
557,659.10 5400-150
35
5
16
4
Dept
1.80%
01%
0
.
01%
0
0.01%
$10,300.00
$2.03
$10,297.97 5400-220
$0.
$43
68
5194
Land Div see/Treasurer
.
11 %
1
.
1
09%
1.05%
S260.74
5400-180
.
540
$1
3107
LIB-Aylmer
.
0.04%
.
0.04%
0.03%
$8.14
5400-180
5400-180
.
3283
LIB-Bayham
0.04%
0.04%
0.03%
$8.14
5400-180
1114 91
4.91
3444
LIB-Belmont
0.38%
0.37%
0.
%
$89.01
5400-180
5158.72
3608
LIB-Dnumr
.02%
3.97%
84
3.84%
$949.15
5400-180
523.93
3020
LIB-Main
0.61%
0.60%
0.58%
$142.72
5400-180
$0.70
3925
LIB-Pt. Stanley
0.02%
0.02%
0.02%
$4.07
5400-180
$0.35
4085
4240
LIB-Rodney
LIB-Springfield
0.01%
0.01%
0.01%
03%
00
865
$316
$2.03
$8.14
,392.87 5400-180
$
$1.40
4553
LIB-N'est Lorne
0.04%
0.04%
40%
1
0.
L36%
.
,
$47,327.00
5336.93
$46
$46,990.07 5400-200
$56.10
70
S33
740
Alaintenance
1.42%
.
84%
0
82%
0
$26,782.00
$201.71
,580.29 5400-240
$26
.
14
1238
Aiusemn
0.85%
.
43%
1
.
1
38%
$42,265.00
S341.88
,923.12 5400-135
541
$57.
87
47
135
Provincial Offences
1.45%
.
2
33%
.
20%
2
$16,000.00
$541.17
$15,458.83 5470-120
$
.
00
954
Retirees
2.07%
.
38%
0
.
36%
0
526,500.00
$89.69
820-420-20
521,410.31 6
60.
2
TL A[edicai Director
0.38%
.
52%
1
.
1
48°
%
$46,833.00
$
1
5400-460-20
$
40
2637
TL-Administration
1.54%
.
25/
4
.
0
08/o
4
$149,940.00
008.3
11,
$148,931.69 5400-410-20
$167.
37
6
2264
TI,-Dietary
4.18%
0
.
66%
0
.
63%
0
522,604.00
$156.61
-020-20
$22,447.39 5440
S2
.
0
70
482
TL-Director oCNursing
0.67%
.
02%
0
.
0
02%
$58,814.00
$4.07
$58,809.93 5400-400-20
.
$
68
2163
TL-Hairdressing
0.02%
.
58%
13
.
15%
13
$513,695.00
$3,393.30
S510,301.70 5430-420-20
.
1593
80
2321
TI,-RCA
13.75%
.
35%
2
.
26%
2
$78,359.00
$559.31
$77,799.69 5400-430-20
.
26
2411
TL-Housekeeping
2.37%
.
51%
0
.
49%
0
S10,543.00
$12119
$10,421,81 5400-450-20
$20.
1
41
2522
TL-ASainlenance
0.51%
.
48%
1
.
43%
1
558,814.00
$345.96
$58,468.04 5400-400-20
$5
.
99
92
2162
TL-Resident Services
1.11%
.
2
33%
.
44%
2
$104,020.00
$595.58
,424.62 5410-420-20
$103
.
$
2353
TL-RN
2.35%
.
12%
4
.
95%
3
$156,495.00
5975.35
,519.65 5420-420-20
$1
$157
81
2355
TL-RPN
4.02%
.
38%
0
.
40%
0
$9,260.00
$90.20
$
9
59,169.80 5450-020-20
.
4
483
\v
T'I,
L-AVarrd Clerk
0.01%
.
0
59%
.
58%
0
$17,067.00
$143.20
$16,923.80 5400-285
$23.7
0.60%
.
.
To Councillor
285
T
02
0
14
535
$ 24
$4,155,134.88
$3,971.59
100.00%
.
$4,179,67
.
,
5400110
CORRESPONDENCE - May 26, 2009
items for Information (Consent Agenda)
1. Hon. Steve Peters, M.P.P. Elgin-Middlesex-London, with copy of correspondence to
Hon. George Smitherman, Minister of Energy and Infrastructure, in support of the
County's application for funding to the Building Canada Fund - Communities
Component to rehabilitate Wardsville Bridge, Southminister Bourne, Calton Line
and Furnival Road. (ATTACHED)
2. Joe Preston, M.P. Elgin-Middlesex-London, with copy of correspondence to
Building Canada Fund - 2nd Intake, in support of the County's application for
funding to rehabilitate Wardsville Bridge. (ATTACHED)
3. Joe Preston, M.P. Elgin-Middlesex-London, with copy of correspondence to
Infrastructure Stimulus Fund, in support of the County's application for funding to
rehabilitate Southminister Bourne, Calton Line and Furnival Road. (ATTACHED)
4. Hon. John Baird, P.C., M.P. Canada's Minister of Transport, Infrastructure and
Communities and Hon. George Smitherman, Minister of Energy and Infrastructure,
reporting on total number of Infrastructure Stimulus Fund project applications
received by the May 1st, 2009 deadline. (ATTACHED)
5. Bill Bunker, Business Case Analyst, Industry Canada, acknowledging the approval
of federal funding under the Building Canada Fund - Community Component (BCF-
CC) for the rehabilitation of Calton Line. (ATTACHED)
6. Association of Municipalities of Ontario, Member Communication ALERT, "Labour
Mobility Changes Affect Ontario Municipalities" (ATTACHED)
7. Dennis Travale, Chair, SCOR Executive Committee, South Central Ontario Region
(SCOR), with an update on SCOR Activities. (ATTACHED)
Steve Peters, M.P.P.
t Elgin - 1VEddlesex - London
oe~no
May 8, 2009
Honourable George Smitherman
Minister of Energy and Infrastructure
Hearst Block, 4th Floor
900 Bay Street
Toronto, ON M7A 2E1
Dear Minister:
' per}
c
iAAY 12 2009
COUNTY OF ELGiiN
ADMINISTRATIVE SERVICES
Please find enclosed copies of applications and background materials provided to my
office from the County of Elgin regarding Intake Two of the Building Canada Fund -
Communities Component (BCF - CC) and the Infrastructure Stimulus (BCF - IS)
programs.
The County of Elgin has selected the Wardsville Bridge Rehabilitation project for
consideration under the BCF - CC Intake Two program, a joint project with the County
of Middlesex. This project will repair and extend the lifespan of a 48-year-old bridge
along a boundary road serving both Elgin and Middlesex counties.
For its BCF - IS applications, the County of Elgin has selected three worthy projects for
consideration: the rehabilitation of Southminister Bourne, improvements to a road that
leads to the City of Toronto's Green Lane Landfill; the rehabilitation of Calton Line, road
improvements to a main artery in the eastern end of the county; and the rehabilitation of
Furnival Road, road improvements to a main artery in the western end of the county.
Minister, I am fully supportive of all of the County of Elgin's applications to this round
of the BCF and I hope they are given every due consideration in the approvals process.
As a courtesy to the County, I would appreciate your reviewing the enclosed materials
and responding directly to Mr. Mark McDonald, CAO. As always, thank you in advance
for your time and consideration.
Sincerely,
Steve Peters, M.P.P.
Elgin-Middlesex-London
Cc: Mr. Mark McDonald, CAO, County of Elgin
542 Talbot Strect, St. Thomas, ON N51? IC4
T - (519) 631-0666 Toll Free - 1-800-265-7638 F - (619) 631-9478 TTY - (519) 631-9904 E - speters.mpp.cco libe al.ola. om
Ottawa
Confederation Bldg, Room 142
Ottawa, ON K1AOA6
Tel: (613) 990-7769
Fax: (613) 996-0194
www.joeprestonmp.ca
Monday, May 4, 2009
1k
Joe Preston, JMP
E@in-W idd(esex-Gondon
To: Building Canada Fund- 2nd Intake
RE County of Middlesex/ County of Elgin
Constituency
24 First Avenue, Unit 2
St. Thomas, ON N5R 4M5
Tel: (519) 637-2255
Fax-(519) 637-3358
Toll Free: 1-866-404-0406
I n
COUNTY OF ELCN
ADMINISTRATIVE SERVICES
. MAY 13 2009
I am writing in support of the application submitted by the counties of Middlesex and
Elgin for the Building Canada Fund- 2nd Intake
The counties have submitted an application for funding for the rehabilitation of Simpson
Bridge (County of Middlesex) and Wardsville Bridge (County of Elgin). These structures
located on the boundary of the counties would improve the transportation system,
improve road safety and minimize the environmental impacts. Both counties are shovel
ready and able to well work together to simultaneously get this project completed.
Thank you for your assistance and feel free to contact me if you have any additional
questions.
Sincerely,
Original signed by
Joe Preston
Member of Parliament
Elgin-Middlesex-London
cc: The County of Middlesex
cc: The County of Elgin
1+1
Ottawa
Confederation Bldg, Room 142
Ottawa, ON KIA OA6
Tel: (613) 990-7769
Fax: (613) 996-0194
www.joeprestonmpsa
Monday, May 4, 2009
A
Joe Preston, JMP
rErgin-Widdresex London
To: Infrastructure stimulus Fund
AF,• County of Elgin
Constituency
24 First Avenue, Unit 2
St. Thomas, ON N5R W5
Tel: (519) 637-2255
Fax: (519) 637-3358
Toll Free: 1-866-404-0406
RECERVE..
MAY 13 2009
COUNTY Of ELGIN
ADMINISTRATIVE SERVICES
I am writing in support of the application submitted by the County of Elgin under the
infrastructure Stimulus Fund.
The county has submitted an application for funding for three (3) separate projects for
their community. The projects that they have selected are (1) Southminister Bourne
Rehabilitation (2) Calton Line Rehabilitation and (3) Furnival Road Rehabilitation. These
projects would create positive results for the county including increased accessibility for
tourism and road safety.
Thank you for your assistance and feel free to contact me if you have any additional
questions.
Sincerely,
Original signed by
Joe Preston
Member of Parliament
Elgin-Middlesex-London
cc: The County of Elgin
1+1
Canada
May 11, 2009
Dear Head of Council,
raj
t) " Ontario
On April 14, the governments of Canada and Ontario called on Ontario
municipalities to apply for money under the new, national $4-billion Infrastructure
Stimulus Fund. The aim is to get shovels in the ground for infrastructure projects
that can start quickly and be completed over the next two years. Both the
Government of Canada and the Government of Ontario are committed to making
significant investments to help communities weather this economic storm, create
jobs and inject much needed stimulus money into the economy.
We are pleased to report that Ontario municipalities have risen to the
challenge. Over 2700 project applications worth a total of $6 billion from 425
separate municipalities and communities across the province were received by
the deadline of Friday, May 1.
We would like you to know that our two governments are committed to
assessing applications quickly. Priority will be given to those projects that are
truly shovel ready.
Successful proponents will be notified as soon as possible so that they
can move projects forward. Financial agreements will be signed between the
Province of Ontario and municipalities. Prior to final approval of project funding
and the conclusion of an agreement with the Province, the Municipality must
provide proof of Council support for the approved project and the municipal
contribution.
In addition to the new Stimulus Fund, we are also assessing the 420
applications - worth more than $1 billion in total project costs - received through
the second intake of the Communities Component of Building Canada. In its
Budget 2009, the federal government announced a Communities Component
Top-Up of $500 million available to municipalities for projects that could be
started and completed by March 31, 2011. The Government of Ontario has set
aside matching funds for Ontario's portion of the top-up funding in its recent
provincial budget. Results of this second intake will be announced soon so work
can get underway.
/...2
-2-
The early results of this process are testament to a great deal of
collaboration and shared enthusiasm in responding to the economic crisis by all
three levels of government. We are encouraged particularly by the willingness of
Ontario municipalities to put forward immediate investments in infrastructure.
Sincerely,
John Baird, P.C., M.P.
Canada's Minister of Transport,
Infrastructure and Communities
George Smitherman, M.P.P.
Ontario's Deputy Premier and
Minister of Energy and
Infrastructure
P.S. In addition to the Stimulus Fund and the Building Canada Fund
Communities Component, there will be additional project funding announced for
major infrastructure projects in Ontario.
For more information, visit:
www.buildingcanada.gc.ca and
www.bcfontario.ca
Industry Canada
151 Yonge Street
3rd Floor
Toronto, Ontario
M5C 2W7
May 11, 2009
Industrie Canada
151, rue Yonge
3e bage
Toronto (Ontario)
M5C 2W7
Mark McDonald
CAO
County of Elgin
450 Sunset Drive
St. Thomas, Ontario N5R5V1
~~a...
MAY 19 2009
~q SCOUNTY OF ELGIN
AOt'ii i lF 13 CERVICES
RE: Federal Environmental Assessment of BCF-CC Project 23064 -
Rehabilitation of Calton Line
Dear Mark McDonald:
I would like to take this opportunity to congratulate you on the approval of federal
funding under the Building Canada Fund - Community Component (BCF-CC).
As you are aware, federal funding under BCF-CC is contingent on the successful
completion of a federal environmental assessment (EA) for each funded project
under the Canadian Environmental Assessment Act (CEAA).
Based on the information provided in your application, it has been determined that a
federal environmental assessment is not required for this project. This letter may
serve as notification that your municipality has met all the requirements of the CEAA
as long as your municipality complies with the conditions in the attached "Notice of
Determination under the Canadian Environmental Assessment Act".
Should the nature or scope of the project change in the future, it is responsibility of
the municipality to immediately notify Industry Canada. The Department will then
determine whether a federal EA must be completed and a consideration of the
project's potential adverse environmental effects is warranted.
I wish you every success in your project and in your continued efforts to improve the
quality of life in your community. If you have any questions, please give me a call at
416-952-4614 or by E-mail at bill. bunker(a)ic.gc.ca.
Yours truly,
Bill Bunker
Business Case Analyst
Encl.
Canada
Notice of Determination under the Canadian Environmental Assessment Act
Project Title: SIMSI # 30 c~
I-L,-.
Proponent: (-a 1J
Requirements of the Canadian EnvironmentalAssessment Act (CEAA)
This project is subject to the Exclusion List Regulations of the CEAA. An environmental
assessment of the project is not required provided that the following conditions are met.
If the project is to be carried out within 250 m of an environmentally sensitive area*:
• The project must comply with any law and any management plan in relation to that
area.
e If the environmentally sensitive area is protected by a federal government body
o The project must be constructed and operated in accordance with standards,
and codes of practice applicable in the province.
o The project must be carried out in accordance with a mitigation plan that is
developed in consultation with the federal government body responsible for
protecting the environmentally sensitive area. A copy of the plan must be
retained on the project file.
The proponent is responsible for carrying out the project in compliance with the
above noted conditions. If this is not possible, the Joint Secretariat must be notified
immediately in order to determine an environmental assessment of the project is
necessary.
* An "environmentally sensitive area" is an area protected fro environmental reasons in
regional and local land use plans, or by a local, regional, provincial or federal
government body. Examples include: sites designated under international conventions
such as Ramsar, national or provincial parks, park reserves, wildlife and conservation
areas, bird sanctuaries, marine wildlife and conservation areas, heritage rivers, designated
wetlands, areas of natural and scientific interest, and environmentally sensitive areas
protected by local and regional land use plans and by local and regional government
agencies.
ELR Reference: S'. 10
Approved: [~~l
Envir-w l Review Ad Approvals
Program Operations, Infrastructure Canada
Date: *'y
AM4
o
ki of Ontario
MEMBER COMMUNICATION
200 University Ave, Suite 801
Toronto, ON M5H 3C6
Tel.: (416) 971-9856 1 Fax: (416) 971-6191
E-mail: amo@amo.on.oa
ALERT N°: 091032
To the attention of the Clerk and Council FOR MORE INFORMATION CONTACT:
May 11, 2009 Craig Reid , AMO Senior Policy Advisor
(416) 971-9856 ext ee4
Labour Mobility Changes Affect Ontario Municipalities
Issue:
Recent changes to the Agreement on Internal Trade (AIT) to remove barriers to labour mobility
between provinces and territories may affect municipal licensing practices.
Background:
In July 2008, the Premiers agreed to amend the AIT to remove or minimize labour mobility barriers
between provinces and territories within Canada. To do this, the Ontario Minister of Training
Colleges and Universities, John Milloy, introduced Bill 175 the Ontario Labour Mobility Act, 2009 in
the Ontario Legislature on May 5, 2009. If passed, the Act will create a Labour Mobility Code which
regulatory authorities that grant certificates/licences to individuals to carry on an occupation must
comply with. The Code is intended to remove or minimize inter-provincial barriers to occupational
practice for individuals. Municipalities are captured by the legislation and AMO has been working
with the government to ensure municipal interests are taken into account.
The proposed legislation would ensure that a worker certified to practice in one province or territory
will be entitled to be certified in that occupation in Ontario without having to complete additional
material training, experience, examinations or assessments. Provinces and Territories can maintain
additional requirements for those occupations where it is necessary to protect the public interest in
areas such as health and safety or consumer protection.
The main focus of the labour mobility changes to the AIT and the legislation is on
provincial/territorial regulatory authorities (including municipalities) and the current impression of the
Ministry of Training, Colleges and Universities (MTCU) is that the AIT will not have a significant
impact on municipal operations. Nevertheless, MTCU requires more comprehensive information and
an inventory of relevant municipal regulatory activities for Ontario to comply with the interprovincial
agreement and secure exceptions for municipalities where such exceptions may be warranted.
Provinces are allowed to maintain additional certification requirements for workers already certified
in another province/territory where it can be justified as necessary to achieve a legitimate objective
such as public health, or consumer protection. As a signatory to the AIT, the province must approve
any exceptions. To ensure transparency, all exceptions will be posted on a public website.
w
J
Q
Association of AN 0
1-2 Municipalities of Ontario
Action:
To gather the relevant information, MTCU would like you to review the licensing practices in your
municipality. The Ministry needs to know where a municipality requires individuals (not firms) to
demonstrate through completion of courses, passing an examination, practical experience or other
such means that they have the skills, knowledge or experience to work in an occupation and/or use
a particular title. MTCU does not need information regarding:
1. pure business licensing, or
2. municipal staff recruitment.
Therefore, Ontario municipalities are asked to respond to the following question: Does your
municipality require individuals to demonstrate through completion of courses, passing an
examination, practical experience or other such means that they have the skills, knowledge
or experience to work in an occupation and/or use a particular title in order to be granted a
municipal license?
If the answer is no, please confirm this by reply to MTCU at AITImplementationProiectn.ontario.ca.
If the answer is yes or you are not sure, please visit our website at
http://www.amo.on.ca/AM/TemplateRedirect. cfm?Template=/CM/ContentDisplay.cfm&Contentl D=153
992 for more information and to complete a municipal certification survey. The Ministry asks that you
please submit your completed survey by email to MTCU at AITlmplementationProiectAontario.ca
and copy AMO on your response at earmopan(d)amo.on.ca by 5pm on June 5, 2009.
If you should have any questions or concerns, please do not hesitate to contact either the AIT Project
Team at AITImplementationProiect(a)ontario.ca.
For further information on labour mobility in Ontario, municipal officials may also review MTCU's
information at: http://www.edu.pov.on.ca/eng/tcu/labourmobility/.
AMO will review positive responses and continue to work with the government to ensure that
municipal interests are reflected in the process.
This information is available in the Policy Issues section of the AMO website at www.amo.on.ca.
h
w
J
Q
Association of
2.2 Municipalities of Ontario AN, 0
Wendell Graves
City Clerk
May 22, 2009
Mayor Barwick and Members of City Council
City of St. Thomas
545 Talbot Street
St. Thomas, Ont.
N5P 3V7
Warden Warwick and Members of County Council
County of Elgin
450 Sunset Drive
St. Thomas, Ont.
N5R 5V1
Mr. Paul Collins
St. Thomas - Elgin General Hospital
189 Elm Street, P.O. Box 2007
St. Thomas, Ont.
N5P 3W2
St. Thomas and Area
c/o John Gundry
P.O. Box 20126
St. Thomas, Ont.
N5P 4H4
Homebuilders Association
Dear Sir/ Madame,
SUBJECT: HEALTH RECRUITMENT PARTNERSHIP
Office of the Clerk
P.O.Box 520, City Hall
St. Thomas, ON N5P 3V7
Telephone: (519) 631-1680
Ext. 4120
Fax: (519) 633-9019
wgraves@city. st-tomas. on. ca
As you are aware a health recruitment partnership was formed in 2007 with an initial two year
mandate.
The Partnership has been pleased with the progress that has been made as it can point directly
to the recruitment of 4 physicians into the area and its coordination of the annual Medical
Discovery Week.
At this juncture, the Partnership is considering the possible hiring of a "health recruiter' to
support the efforts of the Partnership. Having said that, in order to consider this further, the
Partnership needs to know if the partners are prepared to support a continuation of the Health
Recruitment Partnership, including its funding, for an additional two year period.
-2-
At its last meeting of May 20th the following motion was passed
"THAT: The Health Recruitment Partnership recommend to the Partnership partners that
the Health Recruitment Partnership continue for an additional two year period."
Following receipt and consideration of this correspondence it would be appreciated if you could
provide some direction back to the Health Recruitment Partnership regarding your position on
this matter, by June 12, 2009 if possible.
Thank-you for your attention to this matter
Yours truly,
Wendell Graves,
City Clerk.
cc. Health Recruitment Partnership Committee
CLOSED MEETING AGENDA
May 26, 2009
Staff Reports: (ATTACHED)
1) David Pullen', Tree Commissioner and Weed Inspector, Kettle Creek Conservation
Authority - Municipal Act, Section 240.2 (e) litigation or potential litigation, including
matters before administrative tribunals, affecting the municipality or local board and
(t) advice that is subject to solicitor-client privilege, including communications
necessary for that purpose - Elgin Tree Violations.
2) Chief Administrative Officer - Municipal Act, Section 240.2 (b) personal matters about
an identifiable individual, including municipal or local board employees - County
Planner.
3) Chief Administrative Officer - Municipal Act, Section 240.2 (b) personal matters about
an identifiable individual, including municipal or local board employees - Succession
Planning at Elgin's Long-Term Care Facilities.
Correspondence: (ATTACHED)
1) Elgin St. Thomas Public Health - Municipal Act, Section 240.2 (d) labour relations or
employee negotiations - Compensation.
To all Council Members except those appointed to the Board of Health
2) Elgin St. Thomas Public Health - Municipal Act, Section 240.2 (a) the security of the
property of the municipality or local board - Lease at 99 Edward Street.
fax cover
DATE: MAY 22, 2009
Send to: Warden Warwick and
Elgin County Councillors
Attention:
Office Location:
Fax Number: Call Group #'s
From: Mark G. McDonald, Chief Administrative Officer
mmcdonald@elg in-county.on.ca
office Location: Administrative Services
Phone Number: Ext. 161
Number of Pages, Including Cover: 3q
❑ URGENT ❑ REPLY ASAP O PLEASE COMMENT ❑ PLEASE REVIEW ❑ FOR YOUR INFORMATION
COMMENTS:
Additional Items for Council Agenda of May 26, 2009
Reports of Staff: (attached)
1. Deputy Director of Engineering Services - Hot & Warm Mix Asphalt Resurfacing
Contract No. 6220-09
2. Deputy Director of Engineering Services - Calton Line Rehabilitation
Contract No. 6220-09-01
3. Human Resources Coordinator - Employment Letter Changes
4. Deputy Director of Community and Cultural Services - Business Retention: Ford
5. Chief Administrative Officer - Waste Management Disposal Agreement
THE INFORMATION IN THIS FACSIMILE IS FOR THE NAMED RECIPIENT ONLY. IT MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL.
FOR DELIVERING THE DISCLOSURE TO UNDER THE APPLICABLE RECIPIENT, READER OF S
SEMINA ION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS
STRICTLY PROHIBITED. IF YOU HAVE RECEIVED TIES COMMUNICATION IN ERROR, OR THERE ARE ANY PROBLEMS IN TRANSMISSION, PLEASE
NOTIFY US BY TELEPHONE County of Elgin
450 Sunset Drive
St. Thomas, Ontario
N5R 5V1 Canada
Phone: 519-631-1460
Fax: 519-633-7661
www.e Igin-county.on.ca
Elluic=ount}' REPORT TO COUNTY COUNCIL
FROM: Peter Dutchak, Deputy Director of Engineering Services
Sonia Beavers, Purchasing Coordinator
DATE: May 14, 2009
SUBJECT: Hot & Warm Mix Asphalt Resurfacing, Contract No. 6220-09
INTRODUCTION:
As part of the approved 2009 Capital Budget, tenders were advertised as per the
County's Procurement Policy and were received until Thursday, April 30, 2009 for
Hot & Warm Mix Asphalt Resurfacing.
DISCSION:
Lafarge Paving and Construction Limited submitted the lowest bid for the Hot &
Warm Mix Asphalt Resurfacing Tender at a total price of $ 3,730,799.14. The
total bid price includes taxes and a $150,000 contingency. The bid includes all
labour, material and equipment to place Hot & Warm Mix Asphalt Resurfacing on
various County Roads. Three separate capital projects, (Talbot Line
Rehabilitation - West Elgin, Calton Line and Millcreek Culvert) are wholly or
partially represented within this tender and collectively the remaining project
budget balance is $10.3 mil., therefore, the lowest submitted bid is within budget
estimates. The remaining budget estimate will be retained for drainage, road
improvement and road recycling activities.
In order to ensure project specifications and expectations are met, the County
will be retaining a geotechnical consultant to complete a comprehensive quality
control and assurance program. The value of this monitoring and inspection
program is estimated at $60,000 and will be funded by capital projects receiving
work under this tender.
Three companies submitted bids for the Hot & Warm Mix Asphalt Resurfacing
Tender as follows:
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.
RECOMMENDATION
THAT, Lafarge Paving and Construction Limited be selected to provide Hot &
Warm Mix Asphalt Resurfacing, Contract No. 6220-09 at their submitted price of
$3,730,799.14 inclusive of all taxes, $150,000 contingency allowance and
$60,000 for Asphalt Inspection and Testing; and
THAT, 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; and
THAT, the Warden and Chief Administrative Officer be authorized to enter into an
agreement with Lafarge Paving and Construction Limited for the Hot & Warm Mix
Asphalt Resurfacing, Contract No. 6220-09.
All of which is Respectfully Submitted
Peter Dutcha
Deputy Director of Engineering Services
Approved for Submission
Mark onald
Chief Administrative Officer
onia Beavers
Purchasing Coordinator
N ~6..
Clayton Watters
Director of Engineering Services
EII;uiC_ount} REPORT TO COUNTY COUNCIL
PigicvfrtOl fllfuW
FROM: Peter Dutchak, Deputy Director of Engineering Services
Sonia Beavers, Purchasing Coordinator
DATE: May 22, 2009
SUBJECT: Calton Line Rehabilitation, Contract No. 62Q0-09-01
INTRODUCTION:
As part of the approved 2009 Capital Budget, tenders were advertised as per the
County's Procurement Policy and were received until Thursday, May 14, 2009 for
Calton Line Rehabilitation.
DISCUSSION:
Five companies submitted bids for the Calton Line Rehabilitation Tender as
follows:
COMPANY TENDER BID (inclusive of taxes)
Birnam Excavating Limited $ 2,885,872.19
Van Bree Draina a and Bulldozing Ltd $ 2,938,793.55
Elgin Construction $ 3,227,285.79
J-AAR Excavating Limited $ 3,394,476.96
CH Excavating (London Limited $ 3,739,655.98
Birnam Excavating Limited submitted the lowest bid for the Calton Line
Rehabilitation Tender at a total price of $2,885,872.19. The total bid price
includes taxes and a $150,000 contingency. The bid includes all labour, material
and equipment for the rehabilitation of Calton Line, County Road # 45 from
Richmond Road to the Plank Road in the Municipality of Bayham. The budget
allocation for this project is $5.7 mil., therefore, the lowest submitted bid is within
budget estimates. The remaining project budget will be used for road recycling
activities, warm mix asphalt paving, inspection and engineering.
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.
RECOMMENDATION
THAT, Birnam Excavating Limited be selected for the Calton Line Rehabiliation
Tender, Contract No. 6200-09-01 at their submitted price of $2,885,872.19
inclusive of all taxes and a $150,000 contingency allowance and
THAT, 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; and
THAT, the Warden and Chief Administrative Officer be authorized to enter into an
agreement with Birnam Excavating Limited for the Calton Line Rehabilitation
Tender, Contract No. 6290-09-01.
All of which is Respectfully Submitted Approved for Submission
Pet r Dutcha Ma cDonal
Deputy Director of Engineering Services Chief A ative Officer
Sonia Beavers
Purchasing Coordinator
~UV 1~. .
Clayton Watters
Director of Engineering Services
Elgmt^cnttGuy L REPORT TO COUNTY COUNCIL
FROM: Tanya Tilton-Reid - Human Resources Coordinator
DATE: May 5, 2009
SUBJECT: Employment Letter Changes
INTRODUCTION:
A recent workshop at the Ontario Municipal Human Resources Association conference
discussed the recommendation of the inclusion of language regarding termination and
severance eligibility into job offer letters. Upon further consultation with Stringer, Brisbin,
Humphrey, the County of Elgin's management lawyers, this recommendation was fully
supported.
DISCUSSION:
Discussions with Stringer, Brisbin, Humphrey confirmed that changes in applicable case
law in 2008 has lead to the suggestion that the use of a clause that stipulates an
employee's rights upon termination for all Municipal employees not covered under a
collective agreement should be included in written employment contracts.
The suggested clause to be added to all employment contracts, including job offers
promoting or transferring current County staff, is as follows:
Upon termination, your only entitlement to notice of termination, termination pay
in lieu of such notice, benefit continuation, and/or severance pay shall be limited
to the minimum standards required by the Ontario Employment Standards Act, as
amended from time to time ("ESA"), in the circumstances of the termination.
Subject to the ESA, your employment may be terminated for just cause without
any notice, pay in lieu of notice, benefit continuation, or severance pay. The
entitlements set out in this paragraph shall be deemed to constitute your full
entitlement to notice of termination, pay in lieu of notice, benefit continuation and
severance pay under law, equity and statute, regardless of the position you
occupy at the time that your employment terminates. Please read it carefully.
Stringer, Brisbin, Humphrey has also recommended that County staff and Council
should review the County By-Laws regarding the authority of County staff to hire and
terminate. It is imperative that the By-Laws clearly provide those staff with the power to
hire and fire employees on behalf of the County, with authorization to hire staff with the
right to terminate their employment with reasonable notice or contractual notice, as each
case will dictate. This recommended change to the By-Laws is an effort to eliminate
arguments from an employee who was not hired pursuant to a By-Law that he/she is a
"municipal office holder" and is entitled to procedural fairness from Council before his/her
employment is terminated.
CONCLUSION:
The inclusion of the termination rights clause into all County employment offers and
employment contracts as suggested by the County's legal counsel is an effort to
minimize potential payments for severance and/or notice requirements to terminated
employees beyond the legislated requirements.
A review and amendment of any County By-Laws to ensure adequate authorization to
applicable County staff to terminate employment contracts will assure that employees
can not require procedural fairness from County Council prior to having their
employment terminated.
RECOMMENDATION:
THAT County Council approve the inclusion of the termination language clause as
provided by the County's legal counsel into all non-union employment offers and
contracts.
THAT County Council approve the review of and inclusion into any By-Laws of clear
authorization of specific County staff positions to terminate employment on behalf of
Council.
All of which is Respectfully Submitted Approved
Tanya Tilton-Reid Marc cDonald
Human Resources Coordinator Chief Adminis ra roe Officer
El=ulouiity REPORT TO COUNTY COUNCIL
Pl6jrcssL: 4l NaufO
FROM: Alan Smith, Deputy Director of Community and Cultural
Services
DATE: May 22"d, 2009
SUBJECT: Business Retention: Ford
INTRODUCTION:
Part of the role of the Economic Development and Tourism office is to retain,
expand, and attract investment to the County of Elgin. Accomplishing these
objectives involves the development and implementation of key sector strategies
and marketing techniques, including advocating Elgin County to all levels of
government to assist with enhancing existing enterprise and the attraction of new
ones. In April of this year economic development staff presented to senior
officials of Ontario's Ministry of International Trade and Investment to discuss
how Elgin can participate in and benefit from the ministry's programs for
economic stimulation. More recently, May 14th, a delegation from Elgin County
and the City of St. Thomas met with Ontario's Minister of Economic
Development, MPP Steve Peters, and the Attorney General to discuss economic
development issues that affect the County of Elgin and the City of St. Thomas.
DISCUSSION:
Manufacturing is a key economic sector for Elgin County and the City of St.
Thomas. Many businesses within and associated with this sector are
experiencing difficulties within the present global economic climate. In the City of
St. Thomas companies such as Prestran, Sterling, and Format for example, have
reduced sizable portions of their workforce or even closed their business
operations. In the Township of Southwold, the Ford St. Thomas Assembly Plant
is not immune to the current economic situation. Although Ford has reduced the
size of its local workforce, the St. Thomas assembly Plant is still the largest
single employer in the County of Elgin. A significant concern to both the City of
St. Thomas and the County of Elgin is the fact that there is no product
commitment by Ford beyond 2010. If Ford's investment in Southwold is not
retained beyond 2010 the economic consequences on taxation, housing, and
spending for example may prove quite damaging to the local economy.
Working with the office of the Honourable Steve Peters, Mayor Jim McIntyre of
the Township of Southwold arranged for a delegation from Elgin County (Mayor
McIntyre and Alan Smith, Deputy Director of Community and Cultural Services)
and the City of St. Thomas (Bob Wheeler, General Manager, St. Thomas
Economic Development Corporation) to meet with the Honourable Michael
Bryant, Minister of Economic Development; the Honourable Chris Bentley,
Attorney General; and the Honourable Steve Peters, Speaker of the House.
Economic Development issues affecting the County of Elgin and the City of St.
Thomas were discussed including the importance of continuing the viability of the
Ford plant in the Township of Southwold. Options discussed included building
flexibility into the assembly line to produce other Ford products or to "retool"
existing lines such as the Crown Victoria. The delegation also stressed that the
Crown Victoria is the vehicle preferred by police forces and that the Ford plant is
largely dependant on fleet sales of that vehicle. All parties agreed to develop next
steps regarding the issues discussed. It should also be noted that the delegation
took advantage of an opportunity to briefly discuss the County of Elgin and the
City of St. Thomas with Premier Dalton McGuinty.
CONCLUSION:
Retention and expansion of local business is of great importance to the local
economy. The Ford St. Thomas Assembly Plant located in the Township of
Southwold plays a significant role in that regard. The County of Elgin will
continue to work with our partners to build on the discussions of the May 14'h
meeting to maintain Ford's investment in the St. Thomas Assembly Plant.
RECOMMENDATION:
That the May 22nd, 2009, report titled "Business Retention: Ford" be received and
filed for information.
All of which is Respectfully Submitted
l
;G
~4-
Alan Smith Mark
Deputy Director, Community and Chief Admin
Cultural Services
Brian Masschaele
Director, Community and
Cultural Services
EIEinCouney REPORT TO COUNTY COUNCIL
rmrrcrsnrtr/t y
FROM: Mark G. McDonald,
Chief Administrative Officer
DATE: May 20, 2009
SUBJECT: Waste Management Disposal Agreement
INTRODUCTION:
As Council is aware from previous reports, the County C.A.O. was directed to commence
negotiations with the City of Toronto on behalf of participating municipalities for the
development of a waste disposal agreement with a common tipping fee. The agreement
has been finalized and requires Council's authorization.
DISCUSSION:
With the assistance of Mr. Hugh Thomas, consultant, the law firm of Wier Foulds and
Mr. Don Leitch and Mr. Lloyd Perrin, a satisfactory "opt-in" agreement has been
negotiated. A copy of the agreement is attached for Council's reference. Each of the
participating municipalities are signatories to the agreement and have been asked to
endorse the agreement concurrently. It is important to emphasize that signing this
agreement does NOT mean that the municipalities must utilize Green Lane - it merely
provides an option or template for municipalities at a pre-determined price should they
decide to "opt-in" at a later date.
CONCLUSION:
A back stop agreement for the disposal of waste has been negotiated between the
parties. The County has taken the lead in the negotiations. Each of the named
municipalities is required to sign the agreement in order to "opt-in" at a future date
they so desire.
RECOMMENDATION:
THAT the Warden and C.A.O. be authorized and directed to sign the Waste Disposal
Agreement with the City of Toronto noting a commencement date of June 15, 2009; and,
THAT the necessary by-law be prepared.
All of which is
Mark G. McDoRaltl
Chief Administrative Officer.
WASTE DISPOSAL AGREEMENT
THE CORPORATION OF THE COUNTY OF ELGIN
-and-
THE CITY OF TORONTO
-and-
THE TOWN OF AYLMER
TOWNSHIP OF MALAHIDE
MUNICIPALITY OF BAYHAM
MUNICIPALITY OF CENTRAL ELGIN
MUNICIPALITY OF DUTTON/DUNWICH
MUNICIPALITY OF WEST ELGIN
TABLE OF CONTENTS
2
DEFINED TERMS
..........2
,business day°
2
„Certificate of Approval"
. 3
„Commencement Date'
3
°compostible material"
3
„County of Elgin Waste'
3
„CPI Adjustment"
„force majeure................................................................................
4
4
„hours of operation"
4
"IC&I Waste'
4
„Municipality .
4
„recyclable material"
5
„Unacceptable Waste"
5
„Waste
DISPOSAL OF WASTE
6
INVOICING AND PAYMENT OBLIGATIONS
7
. 9
CERTIFICATE OF APPROVAL
INSPECTION OF WASTE; UNACCEPTABLE WASTE
9
...................11
NOTICE
..............14
ASSIGNMENT
.................14
INVALIDITY
.........14
FORCE MAJEURE
15
AREA MUNICIPALITY ELECTION
LIMITATION ON COUNTY ROLE
16
COMMENCEMENT DATE
17
18
ENTIRE AGREEMENT
ARBITRATION
18
DISPOSAL ON SATURDAYS AND STATUTORY HOLIDAYS
19
19
HEADINGS
19
NO THIRD PARTY BENEFICIARIES
19
PERSONAL LIABILITY
20
AMENDMENT OR WAIVER
.
COUNTERPARTS
. 20
23
SCHEDULE „A
.
.
. 24
SCHEDULE „ B.
THIS WASTE DISPOSAL AGREEMENT made as of the 15th day of June, 2009.
BETWEEN:
THE CORPORATION OF THE COUNTY OF ELGIN
hereinafter called "County of Elgin",
OF THE FIRST PART
-and-
THE CITY OF TORONTO
hereinafter called the "Owner",
OF THE SECOND PART
-and-
THE TOWN OF AYLMER
TOWNSHIP OF MALAHIDE
MUNICIPALITY OF BAYHAM
MUNICIPALITY OF CENTRAL ELGIN
MUNICIPALITY OF DUTTON/DUNWICH
MUNICIPALITY OF WEST ELGIN
all identified as and hereinafter separately called the "Municipality',
OF THE THIRD PART
WHEREAS the Owner owns a landfill waste disposal site (the "Green Lane
Landfill Site") on certain lands and premises located at Part Lots 21, 22 and 23,
Concession 3, Southwold Township, Elgin County, as further described in
Schedule "A" attached hereto;
AND WHEREAS the Green Lane Landfill Site is regulated by Amended
Provisional Certificate of Approval Number A051601 dated July 5, 2007 including
predecessors thereof and as may be further amended or replaced;
-2-
AND WHEREAS on October 23, 2008 the County of Elgin authorized the
preparation of a solid, nonhazardous waste disposal agreement for waste disposal
capacity for its eligible constituent municipalities at the Green Lane Landfill Site (the
"Agreement');
AND WHEREAS each Municipality may choose to execute this Agreement in
order to use the Green Lane Landfill Site or may choose not to enter into this
Agreement;
AND WHEREAS this Agreement shall not commence in respect of a
Municipality until such time as any existing agreement for waste disposal
contractual services respecting that Municipality within the County of Elgin has
concluded or is terminated and as provided herein;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in
consideration of the premises and the mutual covenants contained herein, the
parties hereto covenant and agree as follows:
DEFINED TERMS
1. In this Agreement, the recitals shall form part of this Agreement and,
"business day" means a day not including Saturday, Sunday and Statutory
Holidays;
"Certificate of Approval" has the meaning ascribed thereto in the recitals;
-3-
"Commencement Date" means the effective date referenced in Section 19;
"compostible material" includes all organic leaf and yard waste including
mechanically chipped brush; all herbaceous kitchen waste, such as vegetable
peelings and leaves; waste cooked food; kitchen paper waste, such as box
board and waxed papers; cereals; egg shells; Christmas trees; and coffee
grounds, subject to such future program adjustments that may be instituted
by the County of Elgin as agreed upon by the parties acting reasonably;
"County of Elgin Waste" means all municipal waste including residential
waste, IC&I Waste and mixed residential and IC&I Waste generated,
produced or created by or within the territorial limits of a Municipality of the
County of Elgin, or by any facility owned and operated by or on behalf of a
Municipality or the County of Elgin outside of such territorial limits, and
collected and/or transported for disposal by a Municipality or the County of
Elgin or by a thud party on behalf of a Municipality or the County of Elgin
but for greater certainty, shall not include waste originating from the
municipalities of the Corporation of the City of St. Thomas or the Corporation
of the Township of Southwold, or their successors;
"CPI Adjustment" means the percentage change for any fiscal year in the
All-items Consumer Price Index for Ontario published by Statistics Canada,
or any successor body or agency, over the same index for the immediately
preceding fiscal year;
-4-
"force majeure" means an occurrence beyond the reasonable control of the
party claiming suspension of an obligation hereunder, which has not been
caused by such party's negligence and which such party was unable to
prevent or provide against by the exercise of reasonable diligence at a
reasonable cost and includes, without limiting the generality of the foregoing,
an act of God, war, revolution, insurrection, blockage, riot, strike, a lockout or
other industrial disturbance, fire, lightning, unusually severe weather,
storms, floods, explosion, accident, shortage of labour or materials or
government restraint, action, delay or inaction;
"hours of operation" mean the hours of operation for the Green Lane
Landfill Site set out in Schedule B ;
"IC&I Waste" means non-hazardous solid industrial, commercial and
institutional waste generated, produced or created within the territorial limits
of the County of Elgin;
"Municipality" shall mean all or any of the named area municipalities within
the County of Elgin that are identified as parties to this Agreement and which
separately elect to execute and be bound by its terms;
"recyclable material" includes all washed, rinsed and de-labelled glass
bottles, food cans and beverage cans; uncontaminated newspapers, inserts,
circulars, magazines, telephone directories, household and office papers and
mail; clean and flattened cardboard; and all plastic bottles with either a 1 or
-5-
a "2" in a mobius loop on the bottle; subject to such future program
adjustments that may be instituted by the County of Elgin as agreed upon by
the parties acting reasonably;
"Unacceptable Waste" means:
explosive or highly combustible material of any nature;
car bodies;
sheet iron and scrap metal;
tree stumps and trees having a diameter greater than ten (10")
inches or a length greater than four (T) feet;
any corrosive or toxic material;
radioactive materials;
any carcasses of animals;
pathological and biological waste;
hazardous waste;
liquid waste;
waste of any nature and kind as is now or may hereafter at any
time be prohibited from disposal at the Green Lane Landfill Site
by reason of any statute or regulation of the Province of Ontario
now or hereafter enacted, promulgated or amended;
"Waste" means municipal waste, including, domestic, commercial and non-
hazardous solid industrial waste, institutional waste, sewage sludge from
municipal sewage treatment plants, and non-hazardous contaminated soils,
but excludes compostible material, recyclable material, and Unacceptable
Waste.
-6-
DISPOSAL OF WASTE
2. The owner shall accept and shall record for each load of the County of Elgin
Waste, delivered in suitable vehicles during the Green Lane Landfill Site's
hours of operation, the source Municipality and weight for the period from
the Commencement Date through the last day of February, 2019 at a rate of
Fifty-Seven ($57.00) dollars per tonne or part thereof and either increased or
decreased by the CPI Adjustment, rounded to the nearest cent, beginning on
April 1, 2007 and on each anniversary date thereafter.
The Owner agrees that it shall ensure sufficient capacity is available at the
Green Lane Landfill Site for anticipated County of Elgin Waste until the last
day of February, 2019. In the event of the closure of, or lack of capacity at, the
Green Lane Landfill Site prior to the last day of February, 2019, the Owner
agrees to transport, or cause to be transported, County of Elgin Waste from
the Green Lane Landfill Site or from an agreed upon transfer station
operating as part of an approved waste management system, to another
waste disposal site and dispose of County of Elgin Waste at that site at the
price stipulated by this Section 2 of this Agreement provided that such rate
has been paid to the Owner by the County of Elgin, regardless of the
additional costs of County of Elgin Waste disposal elsewhere.
3. The owner shall accept for disposal at the Green Lane Landfill Site during its
hours of operation, street sweepings and inert types of waste from any
-7-
4.
Municipality in its present and future operations, including "one-man"
concrete and brick rubble (i.e. a quantity and weight capable of being carried
by one man alone), building demolition materials, if lawfully permitted for
disposal at the Green Lane Landfill Site, at a rate of Fifty-Seven ($57.00)
Dollars per tonne or part thereof and either increased or decreased by the CPI
Adjustment, rounded to the nearest cent, beginning on April 1, 2007 and on
each anniversary date thereafter.
The Owner may, but is not obligated to, accept for disposal during its hours
of operation, IC&I Waste, if lawfully permitted for disposal at the Green Lane
Landfill Site and transported in suitable vehicles in loads of not less than
three (3) tonnes, at a rate not exceeding Seventy-Seven dollars and Sixteen
cents ($77.16) per tonne or part thereof and shall be increased or decreased by
the CPI Adjustment, rounded to the nearest cent, beginning on April 1, 2007
and on each anniversary date thereafter, payable by the Municipality.
INVOICING AND PAYMENT OBLIGATIONS
5. The owner shall provide to the County of Elgin on a monthly basis following
the Commencement Date an invoice for payment of the disposal fee as set
forth in Sections 2, 3 and 4. The Owner shall include with that invoice
documentation of the weight of County of Elgin Wastes disposed of during
the preceding month and identify its Municipality of origin, manifest
reference, date and delivery particulars. For greater certainty, such
-8-
documentation shall consist of a Report identifying the weight of each load,
source Municipality in the case of County of Elgin Waste, waste category and
weigh scale ticket number at the Green Lane Landfill Site. In the absence of
verifiable error, the Owner's weight records will be used for payment
purposes.
6. Within the two (2) months of the end of a calendar year, the Owner shall
provide to the County of Elgin, by Municipality, a cumulative record of
County of Elgin Waste disposed of at the Green Lane Landfill Site, with
particulars as to monthly weights.
7. The County of Elgin shall pay the respective portions of the disposal fee for
County of Elgin Waste identified by Municipality of origin, excepting private
IC&I Waste, and any other amounts payable to the Owner by electronic funds
transfer, cheque or banker's draft within thirty (30) days of the invoice date.
8. The County of Elgin shall pay a late fee equal to eighteen per cent (18%) per
annum on all invoices for which payment was due but was not received by
the Owner within thirty (30) days of the invoice date.
9. A failure of the County of Elgin to perform its payments obligation to the
Owner under this Agreement shall entitle the Owner to refuse to accept
County of Elgin Waste for disposal. Before refusing to accept County of Elgin
Waste for the non-payment of invoices, the Owner shall provide written
notice to the County of Elgin of the failure to pay and if the breach is not
-9-
remedied within one hundred and ten (110) days from the date of disposal for
which an invoice has been issued and remains unpaid, final notice shall be
given and disposal services shall be suspended at the one hundred and
twentieth (120th) day after the disposal date. In the event of such suspension
of disposal services, the Owner shall not incur any liability to the County of
Elgin or any Municipality.
CERTIFICATE OF APPROVAL
10. The County of Elgin and each Municipality executing this Agreement
acknowledges that the Owner must comply with the Certificate of Approval
and agrees that it and any subcontractors shall conduct themselves in a
manner that allows the Owner to meets its obligations under the Certificate of
Approval.
INSPECTION OF WASTE; UNACCEPTABLE WASTE
11. The Owner may, but is not obligated to, at any time inspect the contents of
any loaded trailers or vehicles transporting or delivering County of Elgin
Waste or IC&I Waste to the Green Lane Landfill Site. If the Owner discovers
Unacceptable Waste, excepting County of Elgin Waste containing
compostable material or recyclable material from a Municipality that does not
have separate collection but complies with O. Reg. 101/94, O. Reg. 102/94, O.
Reg. 103/94 and O. Reg. 104/94 under the Environmental Protection Act, the
Owner shall reject such Unacceptable Waste and coordinate the removal and
-10-
return of such Unacceptable Waste to its originating Municipality or carrier in
the case of private IC&I Waste. The Owner may cause the delivery of
Unacceptable Waste by a carrier licensed to transport the type of waste in
question to a licensed disposal facility acceptable to the County of Elgin or
private IC&I Waste owner as the case may be, and the County of Elgin or
private IC&I Waste Owner, as the case may be, shall be responsible for all
reasonable direct costs. In the event that a Municipality, the County of Elgin
or private IC&I Waste Owner is unavailable or incapable of properly
managing or arranging for the management of the said Unacceptable Waste,
the Owner may, at its option, manage the removal, remediation,
transportation and proper disposal of the Unacceptable Waste in accordance
with all applicable laws and the Owner shall be reimbursed by the County of
Elgin or applicable private IC&I Waste owner for all reasonable costs related
thereto. In the event of any charges accruing under this Section 11 to the
County of Elgin, the provisions of Section 7 hereof shall apply with the
necessary changes. The Owner acknowledges that in no event shall the
County of Elgin have any responsibility or obligation in respect of any aspect
of private IC&I Waste accepted for disposal at the Green Lane Landfill Site.
For greater certainty, it is acknowledged and agreed that the County of Elgin
shall have no responsibility in respect of private IC&I Waste rejected under
this Section 11. In the event of a dispute arising under this Section 11
-11-
between a Municipality and the County of Elgin, such dispute shall be
disposed in accordance with the provisions of Section 21 hereof.
12. No delay on the part of any party in the exercise of any right, power or
remedy hereunder or otherwise shall operate as a waiver thereof, and no
single or partial exercise by any party of any right, power or remedy shall
preclude other or further exercise thereof or the exercise of any other right,
power or remedy.
NOTICE
13. Any notice or communication to be given by a party hereunder to an other
shall be deemed to be well and sufficiently given and served if faxed or
handed to the designated representative or officer or clerk of any party or, if
mailed, by prepaid registered mail addressed to it at:
In the case of the Owner:
Transfer and Disposal Operations
City of Toronto
Metro Hall, 19th Floor, 55 John Street
Toronto, ON M5V 3C6
Fax Number: 416-397-1348
Attention: George South, Director
-12-
In the case of the County of Elgin:
County of Elgin
450 Sunset Drive
St. Thomas, ON N5R 5V1
Fax Number: (519) 633-7661
Attention: Mark McDonald, CAO
In the case of the Town of Aylmer:
Town of Aylmer
46 Talbot Street West
Aylmer, ON N5H 1J7
Fax Number: (519) 765-1446
Attention: Ms. Heather Adams, Administrator/ Deputy Clerk
In the case of the Township of Malahide:
Township of Malahide
87 John Street South
Aylmer, ON N5H 2C3
Fax Number: (519) 773-5334
Attention: Randy Millard, CAO/Clerk
In the case of the Municipality Of Bayham:
Municipality of Bayham
9344 Plank Road, Box 160
Straffordville, ON NOJ 1Y0
Fax Number: (519) 866-3884
Attention: Mr. Kyle Kruger, Administrator
-13-
In the case of the Municipality Of Central Elgin:
Municipality of Central Elgin
450 Sunset Drive
Elgin County Administration Building
St. Thomas, ON N5R 5V1
Fax Number: (519) 631-4036
Attention: Mr. Donald Leitch, C.A.O./Clerk
in the case of the Municipality Of Dutton/Dunwich:
Municipality of Dutton/Dunwich
199 Currie Road
P.O. Box 329
Dutton, ON NOL 1J0
Fax Number: (519) 762-2278
Attention: Mr. Ken Loveland, Administrator/Clerk/Treasurer
In the case of the Municipality Of West Elgin:
Municipality of West Elgin
22413 Hoskins Line
P.O. Box 490
Rodney, ON NOL 2C0
Fax Number: (519) 785-0644
Attention: Mrs. Joanne Groch, Administrator/ Treasurer
or to such other address as may hereafter be specified. Where notice is given
by registered mail, it shall be deemed to have been received on the fourth (4th)
business day after it is mailed unless postal employees at the point of mailing
or at the point of delivery are on strike at any time during the four business
days following the time of mailing in which event it shall be effective when
-14-
delivered to the addressee. If delivered by fax or by hand, it shall be deemed
to have been received on the same day if delivered before 5 p.m. and on the
next business day if delivered after 5 p.m. In the event of a Notice to a
Municipality, a copy of the said Notice shall be provided to the County of
Elgin.
ASSIGNMENT
14. This Agreement shall not be assigned, sold or transferred by a share or asset
sale by the Owner without the prior written consent of the County of Elgin,
which consent shall not be unreasonably withheld provided that upon such
assignment the Owner causes such assignee to enter into an assumption
agreement with the County of Elgin.
INVALIDITY
15. The invalidity of any particular provision of this Agreement shall not affect
any other provision of it, but this Agreement shall be construed as if the
invalid provision had been omitted.
FORCE MAJEURE
16. The parties further agree as follows:
16.1 if any party is prevented by force majeure from fulfilling any obligations
hereunder, the obligations of the party, in so far only as its obligations are
-15-
affected by the force majeure, shall be suspended while the force majeure
continues to prevent the performance of such obligation and for that time
thereafter as that party may reasonably require to commence to fulfil such
obligation. A party prevented from fulfilling any obligation by force majeure
shall promptly give the other party notice of the force majeure and the
affected obligations, including reasonably full particulars in respect thereof;
16.2 the party claiming suspension of an obligation as aforesaid shall promptly
remedy the cause and effect of the applicable force majeure, in so far as it is
reasonably able to do so, and such party shall promptly give the other party
notice when the force majeure ceases to prevent the performance of the
applicable obligation. However, the terms of settlement of any strike, lockout
or other industrial disturbance shall be wholly in the discretion of such party,
notwithstanding the definition of "force majeure" in Section 1 of this
Agreement, and that party shall not be required to accede to the demands of
its opponents in any strike, lockout or industrial disturbance solely to remedy
promptly the force majeure thereby constituted; and
16.3 notwithstanding anything contained in this Section 16, lack of finances shall
not be considered a force majeure, nor shall any force majeure suspend any
obligation for the payment of money due hereunder.
AREA MUNICIPALITY ELECTION
17. A Municipality may but is not obligated to deposit or cause to be deposited
-16-
Waste generated in the Municipality at the Green Lane Landfill Site pursuant
to the terms of this Agreement, By the execution of this Agreement, however,
the Municipality acknowledges, agrees and is bound to the terms hereof
including, but not limited to consenting to the accounting, administration and
payment by the County of Elgin as provided for in this Agreement. The
Municipality hereby agrees to forthwith reimburse the County of Elgin for
payments made on its behalf made in accordance with the terms of this
Agreement, upon being invoiced for such payments. The Municipality shall
be directly and unconditionally liable to the County of Elgin for all such
payments, including interest, made by it on behalf of the Municipality.
LIMITATION ON COUNTY ROLE
18. The Owner and the Municipality acknowledge that the County of Elgin's
interest in this Agreement is to act as the facilitator and administrator of
clerical, accounting and payment functions only, and the Owner and any
Municipality shall have no recourse in law or equity against the County of
Elgin for the breach or default or non-performance or failure to adequately
perform any service, function, power or responsibility not specifically
allocated to the County of Elgin by the terms of this Agreement.
For greater certainty, the Owner and Municipality acknowledge and agree
that the County of Elgin holds no ownership interest in County of Elgin
Waste at any time prior to or upon receipt or deposit at the Green Lane
-17-
Landfill Site and the Owner and Municipality shall have no recourse under
this Agreement against the County of Elgin in respect of the transport,
ownership, deposit or disposal of County of Elgin Waste by a Municipality.
COMMENCEMENT DATE
19. County of Elgin Waste shall not be delivered by a Municipality under this
Agreement until that Municipality's contract for Waste disposal service has
concluded or been terminated.
The County of Elgin on the advice of a Municipality shall make its best efforts
to provide the Owner with at least ninety (90) days' notice of the conclusion
or termination of the first and any subsequent Municipality disposal
agreements and shall include in such notice the Commencement Date of the
delivery of waste by a Municipality to the Green Lane Landfill Site that will
allow the Owner to provide uninterrupted disposal service for County of
Elgin Waste. The County of Elgin shall also provide, within 30 days of its
notice under this Section 19, an estimate of County of Elgin Waste, sewage
sludge and screenings, street sweepings and inert types of waste, and IC&I
Waste expected to be disposed over the next year under this Agreement.
These estimates, including the impact of County of Elgin Waste diversion
programs, shall be updated and provided to the Owner each year on or
before the anniversary of the first Commencement Date.
-18-
For greater certainty, a Municipality may execute this Agreement
notwithstanding that it is not effective except upon compliance with this
Section 19 and the Notice required therein.
ENTIRE AGREEMENT
20. This Agreement constitutes the entire understanding, contract and agreement
between the parties hereto in accordance with its terms and supersedes all
prior oral or written undertakings, agreements or contracts, formal or
informal between the parties hereto or their respective representatives with
respect to the disposal of waste that is generated from within the territorial
limits of the County of Elgin.
Nothing in this Agreement shall be interpreted to require that every
Municipality execute this Agreement and the parties acknowledge that this
Agreement binds only those that are signatories hereto.
ARBITRATION
21. In the event of a dispute arising in respect of any term or application of this
Agreement as between the county of Elgin and a Municipality, the same
agree to an arbitration pursuant to the provisions of the Arbitrations Act,
Ontario. The arbitration shall proceed with three arbitrators one to be chosen
by the county of Elgin, one to be chosen by a Municipality (or in the case of
-19-
more than one, by all) and the third on the agreement of the arbitrators so
selected.
22. The County of Elgin or a Municipality may, on seventy-two (72) hours
written notice, require the Owner to provide disposal services at the Green
Land Landfill Site on a specified Saturday or Statutory Holiday upon
compliance with the terms and conditions identified in schedule "B" hereto.
HEADINGS
23. The headings to the Sections of this Agreement are for convenience only and
are not to be considered a part of this Agreement and do not in any way limit
or amplify the terms and conditions of this Agreement.
NO THIRD PARTY BENEFICIARIES
24. This Agreement is entered into by the owner in its governmental capacity
and is not intended nor does it create any third party beneficiary or rights in
any private person.
PERSONAL LIABILITY
25. This Agreement is not intended to create or result in any personal liability for
any public official or owner, employee or agent, or any employee,
-20-
representative or agent of the County of Elgin or a municipality, nor shall the
Agreement be construed to create such liability.
AMENDMENT OR WAIVER
26. Neither this Agreement nor any provision hereof may be changed, modified,
amended or waived except by written documentation signed by the parties.
COUNTERPARTS
27. This Agreement may be executed in any number of counterparts (including
counterparts by facsimile) and all such counterparts taken together will be
deemed to constitute one and the same instrument. The party sending the
facsimile transmission will also deliver the original signed counterpart to the
Owner and to the County of Elgin, as the case may be; however, failure to
deliver the original signed counterpart shall not invalidate this Agreement.
IN WITNESS WHEREOF the Corporate Seals of the parties hereto have been
hereunto affixed and attested to by the hands of their respective proper signing
officers.
SIGNED, SEALED AND DELIVERED
THE CORPORATION OF THE
COUNTY OF ELGIN
in the presence of:
Execution and Delivery by The
Corporation of the County of Elgin
is authorized by By-law
Per:
Warden
Per:
-21-
Execution and Delivery by The
Corporation of the Town Of Aylmer
is authorized by By-law
Execution and Delivery by The
Corporation of the Township Of
Malahide is authorized by
By-law
Execution and Delivery by The
Corporation of the Municipality Of
Bayham is authorized by
By-law
Execution and Delivery by The
Corporation of the Municipality Of
Central Elgin is authorized by
By-law
Clerk
THE CORPORATION OF THE
TOWN OF AYLMER
Per:
Mayor
Per:
Clerk
THE CORPORATION OF THE
TOWNSHIP OF MALAHIDE
Per:
Mayor
Per:
Clerk
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Per:
Mayor
Per:
Clerk
THE CORPORATION OF THE
MUNICIPALITY OF
CENTRAL ELGIN
Per:
Mayor
Per:
Clerk
-22-
Execution and Delivery by The
Corporation of the Municipality Of
Dutton/Dunwich is authorized by
By-law
Execution and Delivery by The
Corporation of the Municipality Of
West Elgin is authorized by
By-law
THE CORPORATION OF THE
MUNICIPALITY OF
DUTTON/DUNWICH
Per:
Mayor
Per:
Clerk
THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGIN
Per:
Mayor
Per:
Clerk
CITY OF TORONTO
Per:
Per:
-23-
SCHEDULE "A"
In the Township of Southwold in the County of Elgin being Part of Lots 21, 22 and
23, Concession 3, designated as Parts 1 & 2 on Reference Plan 11R-6074.
-24-
SCHEDULE "B"
HOURS OF OPERATION
Under this Agreement, the hours of operation for the Green Lane Landfill Site shall
be those set out below:
Monday to Friday from 6 a.m. to 5 p.m. excluding statutory holidays, or such longer
hours as the Owner may prescribe from time to time.
In the event of a request in writing by the County of Elgin or a Municipality for the
Green Land Landfill Site to remain open for the receipt and deposit of waste on a
Saturday or Statutory Holiday (as listed below), the following charge shall apply:
(a) Provisional Daily Fee per 8 hour Statutory Holiday $12,000.00 per day
with applicable annual CPI escalation from January 1, 2007. This rate
applies until December 31, 2010.
(b) Provisional Daily Fee per 13 hour Statutory Holiday $19,500.00 per day
with applicable annual CPI escalation from January 1, 2007. This will
involve the time period beginning January 1, 2011 until such time as
altered at the sole discretion of the City of Toronto.
Statutory Holidays include the following and may be amended at the
sole discretion of the City of Toronto:
New Years Day
Family Day
Good Friday
Easter Monday
Victoria Day
Canada Day
Simcoe Day
Labour Day
Thanksgiving Day
Remembrance Day
-25-
Christmas Day
Boxing Day
(c) No fee from 6:00 a.m. until noon on Saturdays.