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August 31, 2010 Agenda PAGE ~ ®R®ER ~. 1st Meeting Called to Order 2nd Adoption of Minutes -July 27, 2010 3rd Disclosure of Pecuniary Interest and the General Nature Thereof 4th Presenting Petitions, Presentations and Delegations 5th Motion to Move into "Committee Of The Whole Council" 1 - 2 6th Reports of Council, Outside Boards and Staff 7th Council Correspondence - (Attached) 1) Items for Consideration -None 3 - 13 2) Items for Information (Consent Agenda) 8th ®THER BUSINESS 1) Statements/Inquiries by Members 2) Notice of Motion 3) Matters of Urgency 9th Closed Meeting Items -see separate Agenda 10th Recess 11th Motion to Rise and Report 12th Motion to Adopt Recommendations from the Committee Of The Whole 14 13th Consideration of By-Laws 14th ADJOURNMENT I N®T~cE: pq ~e Sept. 14, 2010 County Council and Directors annual photograph, 8:45 A.M. Administration Building, rain or shine; official county attire. Sept. 14, 2010 9:00 a.m. -County Council Meeting REP®RTS ®F C®IJNCIL AN® STAFF Augu~t 31, 2010 Staff Rep®r#s ~ (ATTACHE®) Chief Administrative Officer - Restricted Acts after Nomination Day (September 20, 2010) (Lame Duck) r'~ ~~r',111's 'x111°tt~,~~ ® ® ®~^ °~° ~+ °~~/ ~+ Pm„rcssir: 6yr feac,ro iR P"®R 1 1 b®UN 1 1 !r®UNCIL FROM: Mark G. McDonald Chief Administrative Officer DATE: August 23, 2010 SUBJECT: Restricted Acts after Nomination Day (September 20, 2010) (Lame Duck) IN°fR®®UCl"I®N: Section 275 of the Municipal Act, as amended, provides that actions of councils shall be restricted after the first day of the election period that the new council will include less than three quarters of the members of the outgoing council. September 20, 2010 at 2:00 p.m. is Nomination Day. These restricted acts involve being unable to: employ, dismiss or suspend any employee of the corporation; dispose of any real or personal property of the municipality which has a value exceeding $50,000; and, make any expenditure exceeding $50,000 that was not already included in the 2010 budget. ®ISCUSSION: It should be noted that this Section of the Municipal Act is designed to "moderate" the behaviour of outgoing councils by ensuring that certain acts are not permitted just prior to leaving office. It also prevents an outgoing council from committing a new council to major or significant projects, presumably with a large price tag, and then vacating office and responsibility for such actions. Section 275 (6) of the Municipal Act, as amended, does however permit councils to delegate the authority for these acts to persons prior to nomination day. At present, there are races for county seats in many municipalities and at least two retirements. Therefore, it is very likely that County Council will be "Lame Duck" on the first day of the election period. It would be prudent to delegate these otherwise restricted acts for business continuity to persons within the corporation at this time. A by-law outlining this delegated authority is attached to the agenda package. REC®IVIIVIEN®ATI®N: THAT the necessary by-law be prepared delegating authority to municipal officials in the event that council's actions become restricted under Section 275 of the Municipal Act, as amended. All of which is Respectfully Submitted, ~~~ ~ ~;,, ,, ,~ ,> _. ~~-- -=-_ Mark G.1`~ Chief Administrative Officer C®RESP®NENC ®August 31, 2010 Items for Information (Consent Agenda) ®(AT°fACFIE®) Hon. James M. Flaherty, Minister of Finance, acknowledging Council's concerns regarding investments in local infrastructure. 2. Grace McGartland, Chair, The Arts & Cookery Bank, thanking Council for the grant which provided six directional road signs. 3. Malcolm Smith, P. Eng., Senior Environmental Engineer, SENES Consultants Limited with a Notice of Public Meeting to be held by Toronto Hydro Energy Services Inc. regarding a Proposal to Engage in a Renewable Energy Project on October 27, 2010. 4. Canada Post with information on their Rural Mail Safety Review. ~. L' ~_~', ~_ ~ Minister of Finance Ministre des Finances ,~~~ ~ ~~1~ Ottawa, Canada K1A OG5 ~~~ ~ '~ Her Worship Bonnie Vowel Warden County of Elgin 450 Sunset Drive St. Thomas, ON NSR SV1 Dear Warden Vowel: 2010FIN313712 Thank you for your correspondence of February 19, 2010, written on behalf of Elgin County Council, regarding investments in local infrastructure. Please excuse the delay in replying. Investment in infrastructure is a key element of Canada's Economic Action Plan, building on the long-term commitment our Government has made through the $33-billion Building Canada initiative. We are working closely with the Government of Ontario and Ontario municipalities to advance projects throughout the province. In the second year of Canada's Economic Action Plan, we are committed to delivering a historically high level of investment in provincial, territorial and municipal infrastructure -more than $4 billion in 2010-11. Thank you for communicating the concerns of Elgin County Council. Sincerely, _ ® e James M. Flaherty ~~~ PH: 519-768-9986 I EM: infoC~theartsandcookerybank.com I www.theartsandcookerybank.com 242 GRAHAM ROAD, BOX 174, WEST LORNE, ONTARIO NOL 2P0 August 12, 2010 ~,, ~ i ~ r~~ ~ ~m.~t ~ _ ,. Y i -, ,;a tsl.,~ ~ ~y ~ I4 t Warden Bonnie Vowel County of Elgin Administration Building 450 Sunset Drive St. Thomas, ON NSR SV1 +~>~~~~~ Dear Warden and Members. of County Council, I~,:~ yf ~ ~. ! ~~ o~ I ~ (f) ~ --~ ___, I -I;. ~~ ~; ~ ~ 11q'I tl ijlitilii _ }a4n.~ On behalf of the Board of Directors, and all of the volunteers that have created the newly- opened Arts & Cookery Bank, thank you for selecting "The Bank" to receive a grant for six directional road signs. In today's world of GPS, good signs are more important than ever. While we have an excellent location with close access to the 401 highway, the new series of tourism signs featuring our County's attractive destinations will help visitors move from one experience to the next throughout Elgin. It is a pleasure working with the County of Elgin. Alan Smith and Katherine Thompson were most helpful on the signage project. Our volunteers are looking forward to the International Plowing Match. For those of you who have not had a chance to visit The Arts & Cookery Bank, we are open and we look forward to taking you on a tour of the building. Best regards, f` ~. , 3l"Grace I1~IcGartland CC: Alan Smith Thompson f ~ $~~~~'~` ' i \~RTIF 1 ~~/ a 80ARD OF DIRECTORS: Catrina Colme, Director Jerry Galbraith, Director Duncan Morrison, Treasurer Mary Simpson, Director Bill Denning, Director Grace McGartland, Chair Norma Schnekenburger,Secvetary ~¢ ~ August 24`x, ?010 Mark McDonald Elgin County 450 Sunset Drive St Thomas Ontario NSR SV1 RE: Toronto Hydro Energy Services hic. Green Lane Landfill Gas Cogeneration Plant Dear Mark McDonald This letter is to inform you that Toronto Hydro Energy Services Inc. (TH Energy) has initiated the preparation for a Renewable Energy Approval under O.Reg. 359/09 and the provisions of the Enviromnental Protection Act Part V.0.1. Enclosed is a Notice of Public meeting to beheld on October 27t~', 2010. TH Energy, in collaboration with Ontario Plants Propagation Ltd (OPPL), is proposing to consh•uct and operate a Landfill Gas Cogeneration Plant (the Facility) to be located at a site owned by OPPL in the Township of Southwold, just south of London, Ontario. The proposed TH Energy Facility is classified under O.Reg. 359/09 as a Biogas Facility, and will utilize landfill gas from the Green Lane Landfill to generate approximately 10 MW of electricity render the Ontario Power Authority's (OPA) Feed-in-Tariff (FIT) Program and thermal energy in the form of hot water. Thermal energy generated by the Facility will be sent to OPPL Greenhouses for process heating requirements (please see attached Notice of Public Meeting for more details and a study area map). If you have any questions or would like to meet regarding this project please feel free to contact me at 905-764-9380, or via email at msmith@senes.ca. Sin~~cjjerely, / f' L ~ ` _ Malcolm Smith, P.Eng. Senior Environmental Engineer Attachment Project Name: Green Lane Landfill Gas Cogeneration Plant Project Location: ®ntario Plants Propagation Ltd Lands, Southwold Township ®ated at London this the 24th of August, 2010 Toronto Hydro Energy Services Inc., in collaboration with Ontario Plants Propagation Ltd., is planning to engage in a renewable energy project in respect of which the issuance of a renewable energy approval is required. The proposal to engage in the project and the project itself are subject to the provisions of the Environmental Protection Act (ACT) Part V.0.1 and Ontario Regulation 359/09 (Regulation). This notice must be distributed in accordance with section 15 of the Regulation prior to an application being submitted and assessed for completeness by the Ministry of the Environment. Meeting Location: DATE: October 27Th, 2010 TIME: 6:30pm - 8:30pm PLACE: Southwold Keystone Complex, 35921 Talbot Line, Shedden, Ontario Project ®escription: Pursuant to the Act and Regulation, the facility, in respect of which the project is to be engaged > ` ~ ° in, is a Biogas Facility utilizing landfill gas from the Green , ` 0.,, ~' ~or_i N Lane Landfill. If approved, this facility would have a total ,'' ~ ~~_ n maximum name plate capacity of less than 10 MW. The ,ni' ~ f ~ 1~ c~F~u L:~,~~ pV project location is described in the map below. ~~ ~ z.:~uarn s;r. ~.~ The Draft Project Description Report titled Project Description Report -Toronto Hydro Energy Services Inc. lro,J r~„~~~~sPa ~.:~~,ar;u c:~5 Green Lane Landfill Gas Cogeneration Plant describes the co~aener3tion P~,,,r Otte project as a cogeneration plant utilizing landfill gas as the Loririm~ fuel to fire reciprocating engines to generate electricity for the grid and thermal energy for operations at Ontario Plants v~ Propagation Ltd. green houses. ~ ~ ,~~.~_5 Further, Toronto Hydro Energy Services Inc. has prepared j opPL J~ 4 Greeuhouses the following draft supporting documents in order to comply with the requirements of the Act and Regulation: ~`~~~ n Construction Report, Design and Operations Report, ~ Decommissioning Report, Emission Summary and ~ `~~ Dispersion Modelling Report, Odour Report, Acoustic Assessment Report, Natural Heritage and Water Assessment Report, Archaeological Assessment Report and Cultural Assessment Report. Written copies of the draft project description report and draft supporting documents are currently available for public inspection at the following locations: ® Township of Southwold, 35663 Fingal Line, Fingal, Ontario, 519-769-2010 ® Shedden Public Library, 9557 Union Road, Shedden, Ontario, 519-764-2081, ® St. Thomas Public Library, 153 Curtis St., St. Thomas, Ontario, 519-631-6050, ® Or electronically at: www.torontohydroenergy.com/greenlane.html Project Contacts and Information: To learn more about the project proposal, public meeting, or to communicate concerns please contact: Stephen Chan, Manager, Generation Development; phone 416-542-3349; email schan@torontohydro.com Suzanne Yelle, Manager, Generation Project Construction; phone 416-542-3364; email syelle@torontohydro.com 14 Carlton St., Toronto, ON, M5B 1 K5 Important Information from Canada Post r i CIRCELLI, Nlario [mario.circelli@canadapost.postescanada.ca] August 17, 2010 Warden Bonnie Vowel County of Elgin 450 Sunset Drive St Thomas Ontario NSR SV1 Tel: 519-762-2204 VIA: Email: warden(a~elgin-county.on.ca & mpayler@elgin-county.on.ca Dear Warden Vowel, This letter is to advise you that Canada Post will be conducting safety assessments on roadside rural mailboxes in your area in the next few weeks. The process involves data gathering, followed by physical assessments at the rural mailboxes. We will be assessing rural mailboxes on RR 1, 2, 4, 5, 6 & 7 Aylmer. While the first priority for our investigating teams is safety, we also place a high priority on maintaining delivery to the customer's mailbox. When a mailbox fails a safety assessment, the investigating team looks for another location nearby where the box can be placed and the rural mail carrier can continue delivery to that mailbox. Only when it is not possible to find a site that fits the safety criteria will we offer customers other options which include; receiving mail in a Community Mail Box located near their homes, or choosing a Post Office Box in a local Post Office, at no cost to the customer. Please be assured that Canada Post is committed to rural mail delivery. I have attached an information pamphlet on Rural Mail Delivery Safety, and one explaining our safety criteria. Please contact me directly if you would like to arrange a meeting or to inform us of any road construction or other work which may affect our assessments. Kindest regards, Mario circelli Communications Canada Post 300 Wellington St., 2nd Floor London, Ontario N6B 3P2 Ph: 519-646-5247 Cel I: 519-777-7661 https://maiLelgin.ca/owa/?ae=Item&t=IPM.Note&id=RgAAAAAnQnvb%2... x/24/2010 v N =' ~,•, ~ ~, v ~ L Q1 ~ o ~ a °- 4J O O ,~ _c ,~ ~ ~ O ~ O ® .a ~ o v' O ~ i ~ O ~ ~ ~° U ~ ~ a R ~ Q o ~- c ~ ~ ro , O ~ ~ U ~ *' ~' ~ v ~ ~' ~ c - > ~. 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N ~ ~ ~ E N - ~ a~ Z N U~ ~ ra O *' ~~ m v ~ v v ~o °-' ~ ° ~ -° ~ a a, ,, v ~ a v ~ ,,, c a'~i ~ `~- ~ L X O ra '} V O ~ vii `c° 6 ~ ,~ -° E E rNa o Q 61 ~ v a, ~ ~ o +-~ ~ v °- ° -o O a ~ O vOi ~ 'O v Q1 +~ .9 N ~ Q c vi N v~ ~- T N (p .tp ~ Y (D V ~ O ~ O vi ~ C > = Q.1 ~ > „" vOi O ~ N ~ N iB ~~ ~ O v> > cO '~. co ~ ~ tp 'O +' -O O vii .~ ~ ai u .4; ~O>, N "-' ~ 41 '~' Q- ~ ~ c > O_ N .~ ~ O O O v N a ~. ~~_~ ~:. ~~ ~~; `~ ~ N~, i~~, ~~o- ((c } l- i ~ r `.~ , ~ ti '~,~ 1 s ~ ~ ( ~ iy ~ _~ 1 ._ ~~ i I v ~ ~ ' ~ ~~ {,_. _': _ fcc.:. ~ ,~ (~:~~: ~„ I Why is Canada Post conducting a review of rural mailbox delivery? The nature of many of Canada's rural and suburban areas has changed. Increased traffic is making delivery of mail to many rural mailboxes (RMB) potentially hazardous for Canada Post mail carriers and the motoring public. Canada Post is committed to providing the safest possible workplace for all its employees. Like any other corporation, we have legal obligations under the Criminal Code and Labour Code. We are also concerned about the safety of the motoring public. Following the Westray Coal Mine disaster in Nova Scotia in 1992, the Criminal Code was amended by Bill C-45 to make employers criminally liable for failing to address safety issues. Canada Post has received more than 40 rulings from federal health and safety officials to stop delivering mail on specific rural delivery routes. Since 2005, our rural mail carriers have submitted more than 2,700 complaints over health and safety concerns. To date, there have been more than 120 traffic accidents related to rural mailbox mail delivery. The Rural Mail Safety Review (RMSR) will assess the safety of all 843,000 rural mailboxes in Canada. How are municipalities affected by the Rural Mail Safety Review? An integral part of the RMSR is Canada Post's Community Outreach Process which addresses three stakeholders: our customers, local municipalities and Members of Parliament. Canada Post is committed to keeping municipalities informed throughout the Safety Review process. Before we start assessment work in your area, we will contact you. We offer to meet with council and staff to explain the Safety Review and to answer your questions. We will let you know the results of the assessments in your area and the subsequent steps. For roads where there is no municipal organization, Canada Post works with Provincial Departments of Transportation which have jurisdiction over the roads system. ®o municipalities have a formal working relationship with Canada Post? 1.1 ~- ~ ~i ~.V ;i1=i "'~° Canada Post has worked closely with Canadian municipalities on various issues for over six decades. We have prepared a standard form of agreement in cooperation with the Federation of Canadian Municipalities which details cooperation with municipalities on postal delivery issues. This agreement has been executed with over 90% of municipalities across Canada. Canada Post works closely with each municipality to implement the best possible solution for our customers. For example, location selection for community mailboxes (CMB) is based on consultation with municipal officials. How does the safety assessment work? Canada Post retained an independent panel of traffic safety experts to design the Traffic Safety Assessment Tool (TSAT). The tool is based on scientific criteria and driver behaviour. Canada Post applies the TSAT to identify hazards at each rural mailbox considering factors such as volume and speed of traffic, sightlines and stopping distance, and the position of the mail carrier's vehicle when stopped on the side of the road. What steps does Canada Post take when conditions are determined to pose a risk? Canada Post is committed to maintaining delivery to rural mailboxes. We work with each municipality to implement delivery solutions. Changing the mode of delivery is something that is considered only as a last resort. Where it is possible, rural mailboxes will be moved to new locations that meet the safety criteria. As a last resort, a centralized form of delivery such as a CMB, Group Mailbox or lock box at a Local Post Office will be implemented. HOw are CItIZenS Of my municipality kept informed of the safety review? Canada Post sends information to customers which outlines why the Safety Review is being done and what is involved in the process. When conditions require a change to the location of the rural mailbox or a change in service, we meet with the customer to explain their options. Information is also available through a dedicated Customer Service line (1-866-501-1669) and on Canada Post's web site (www.canadapost.ca/ruralmail). lit estl O rl S? Should you require further information or have any questions, do not hesitate to contact us at 1-866-501-1669. ~ i(~JC ~ JC ~ it _. , A ._ _ ILA ~~IL ~~ 1 ii \t~ ~ iii' ~~' i ~~l ~~l r ~ 11 .. i .. __ - _ _~ _ ~.~i.' ~,~i I ~~ ,i~.. iY'~dl. at %I td(1v~~1aY1 ~,, ia? a,t~r,~rr The nature of many of Canada's rural and suburban areas is changing. Population growth and increased traffic are making delivery of mail to many rural mailboxes potentially hazardous for Canada Post mail carriers and other drivers. Today, there are about 843,000 rural mailboxes which represent about six percent of Canada Post's 14 million delivery points. Given the company's responsibility to provide a safe working environment, Canada Post has taken steps to increase the visibility of the vehicles driven by its Rural and Suburban Mail Carriers (RSMC), equipping each with rooftop signs and flashing amber lights. But enhanced visibility does not address all situations where Canada Post employees, customers and other drivers are at risk. Canada st rnsibilities and ® li ai®ns Canada Post is committed to delivering the highest standards of service possible to all Canadians. Following the Westray Coal Mine disaster in Nova Scotia in 1992, the Criminal Code was amended by Bill C-45 to make employers criminally liable for failing to address safety issues. As an employer and corporate citizen, Canada Post, like all Canadian companies, is bound by both the Criminal Code and the Labour Code to ensure that its operations do not put its employees or members of the public at undue risk. As a result, Canada Post is obligated to address increasing concerns about the safety of delivering to rural and suburban mailboxes. Canada Post engaged the services of an expert panel to develop a tool that would assess the traffic of Rural and Suburban Mail Carriers' (RSMC) delivery routes. The result of the combined work of the multi-disciplinary team is a Traffic Safety Assessment Tool (TSAT) that can be applied to individual rural mailboxes (RMB) in both rural and suburban areas. The panel safety experts iTRANS Consulting, a North American professional engineering consulting firm serving clients across Canada, the United States and internationally in the areas of transportation planning, transportation systems, and transportation safety. Human Factors North (HFN), ), a Canadian consulting firm providing ergonomics expertise to design work and workplaces based on human characteristics. HFN brings expertise in traffic safety, interface design and occupational ergonomics. Cotton Law, a legal specialist and advisory firm in the area of occupational health, safety and the environment. The appr®ach The approach is based on driver behaviour. It considers the driving tasks of an RSMC, and their requirements, as well as the driving tasks of other drivers who encounter a stopped or merging mail carrier vehicle in typical traffic and road conditions. ilVhat the ®I assesses The tool assesses if there is sufficient sight distance for other drivers, traveling at typical speeds on the particular road, to respond appropriately to a stopped mail carrier's vehicle. Drivers need time to perceive the situation ahead, make a decision on how best to react to it, and then initiate and complete the necessary action. The tool also assesses the ability of the mail carrier to merge safely back into traffic. The RSMC needs to see far enough behind to be able to select a safe gap between passing vehicles before re-entering the roadway. The tool also considers speed and the number of vehicles using the two- and four-lane roads when the RSMC vehicle is stopped on the shoulder or partly on the road. Research has found that when drivers need to wait long periods of time due to high traffic volumes, they tend to accept shorter and less safe gaps in traffic. In addition, the tool assesses whether the location of the mailbox meets the present legal restrictions or other considerations such as its distance from an intersection. al:~ II i~ll(C ~'I' ~li`, ~ :;;X2' , ~(i'li~:~r~ll~ ~~ ;f'' ~ ~iu;;l eciin fact®rs 7. Number of lanes and where the RSMC vehicle stops to deliver the mail As a first step, some basic data related to the RMB is recorded, including: ® Number of lanes on the road (two or four lanes); m Position of the RSMC vehicle when it is stopped to deliver the mail (is the vehicle stopped on the shoulder or partly on the road); ® Presence of yellow double centerline markings on the road; ® Posted speed limit that applies to the location. If none is posted, the established speed limit determined by the provincial Ministry of Transportation is recorded; ® Whether any legal restrictions exist at the RMB location. Legal restrictions could include, for example, an RMB located within a "No stopping" zone or located within 20 metres of a major intersection (controlled) or railway crossing; ® Whether any safety restrictions exist at the RMB location (e.g. proximity to an uncontrolled intersection (70 metres). 2. Traffic volume at the RMB Traffic volume is the number of vehicles that passes the RMB over a15-minute period. Traffic volume measurements are taken between 9:30 a.m. and 3:30 p.m., the time of day when a RSMC normally delivers mail. This avoids counting vehicle traffic associated with rush-hour. For two-lane roads: Vehicles travelling in both directions are counted. When the RSMC vehicle can pull completely off the road when delivering the mail and the total number of vehicles that passes the RMB in the 15-minute period is greater than 130, it is potentially unsafe for the mail carrier to deliver at the RMB. When the RSMC vehicle is partially on the road when delivering mail and the total number of vehicles that passes the RMB in the 15-minute period is greater than 40, it is potentially unsafe for the mail carrier to deliver at the RMB. For four-lane roads: ® Only vehicles travelling in the two lanes on the same side of the road as the RMB are counted. ® When the RSMC vehicle can pull completely off the road when delivering the mail and the total number of vehicles that passes the RMB in the 15-minute period is greater than 130, it is potentially unsafe for the mail carrier to deliver at the RMB. ® When the RSMC vehicle is partially on the road when delivering the mail and the total number of vehicles that passes the RMB in the 15-minute period is greater than 80, it is potentially unsafe for the mail carrier to deliver at the RMB. 3. Time gap measurement A time gap is the time it takes for a vehicle to pass the RMB once the vehicle comes into view from behind an obstruction (e.g. hill or curve). Vehicle speed affects the distance required to carry out maneuvers such as changing lanes or merging into and out of traffic. Drivers generally take about the same time gap for maneuvers regardless of their speed. Therefore, the assessment tool measures sight distance in terms of time gap. Time gaps may vary slightly depending on factors such as the position of the mail carrier's vehicle (on or off the road), and the posted speed limit. 4. Special Low Volume Conditions: In situations referred to as "low speed, low volume rural subdivisions" (LSLVRS), driver expectations are likely to be different than on a higher speed rural highway with few pedestrians and widely spaced properties. Local drivers in the LSLVRS area will expect to have to slow or stop for pedestrians or parked vehicles, whereas in high speed and/or high volume areas, drivers may not expect to come across a stopped vehicle in the through lane and may need more time to understand and respond to the situation. All of the following three conditions must be met to be able to deliver to a RMB located in a LSLVRS area: ® Posted speed limit is less than or equal to 40 km/h; ® Total number of vehicles that passes the RMB is less than or equal to 12 vehicles in a 15-minute count; ® RMB is located in a rural subdivision or cottage-like setting with features such as: two-lane roads, suburban type housing densities, cul-de-sac road designs, parked vehicles, and pedestrians routinely walking on the road. i Li l__~ t L~i L- ~~ ~. l: ~, ~~ Zl _~> >~~ ill } ~~ L ~F L_~ -, ~ ~l €~~ 1`' Cl} ~`~ :~`_' ~ L~ ~ L) _'~ } ~~_,~ 1./~ c Q1 .~ 7 7 O N Q7 a a~ c O 7 O ~1 C ~ ~ 7 ~ Q ~ v `0 U ~ ~ t ~ ~ , ~~ :. . '"y '~ ~ ~ ~ ~ ~ti - ` n v-. O , ~ ~ v - i ~..:.. 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O E`~ -' -_- 1 1 ~_ J t[5 ad w Q~ rG N Q C O 0 c O O COUNTY OF ELGIN By-Law No. 10-27 "BEING A BY-LAW TO DELEGATE AUTHORITY TO MUNICIPAL OFFICIALS TO ACT IN THE EVENT THAT THE COUNCIL'S ACTIONS BECOME RESTRICTED UNDER SECTION 275 OF THE MUNICIPAL ACT. 2001." WHEREAS Section 5(3) of the Municipal Act, 2001, c. 25, as amended, authorizes a municipality to pass by-laws to exercise its municipal powers; AND WHEREAS Sections 224(4) and 224(e) of the Municipal Act, 2001, Chapter 25, as amended, provides that it is the role of council to ensure that administrative practices and procedures are in place to implement the decisions of council and to maintain the financial integrity of the municipality; AND WHEREAS Section 225(x) of the Municipal Act, 2001, Chapter 25, as amended, provides that it is the role of the head of council to act as chief executive officer of the municipality; AND WHEREAS Section 227(c) of the Municipal Act, 2001, Chapter 25, as amended, provides that it is the role of the officers and employees of the municipality to carry out other duties required under this or any Act and other duties assigned by the municipality; AND WHEREAS Section 229 of the Municipal Act, 2001, Chapter 25, as amended, provides that a municipality may appoint a chief administrative officer who shall be responsible for exercising general control and management of the affairs of the municipality for the purpose of ensuring the efficient and effective operation of the municipality and performing such other duties as are assigned by the municipality; AND WHEREAS Section 275(1) of the Municipal Act, 2001, as amended, provides that the actions of a council of a local municipality shall be restricted after the first day during the election period that the new council will include less than three-quarters of the members of the outgoing council; AND WHEREAS Section 275(6) of the Municipal Act, 2001, as amended, authorizes councils to delegate authority to persons prior to nomination day for the election of a new council; NOW THEREFORE the County of Elgin HEREBY ENACTS AS FOLLOWS: 1. THAT, in the event that the Council's actions become restricted under Section 275 of the Municipal Act, 2001, the authority of the Council to act shall be and the same is hereby delegated as follows: (a) to the Chief Administrative Officer of the Corporation, to appoint an Acting Chief Administrative Officer in the event of a vacancy in such position; (b) to the Chief Administrative Officer to employ, suspend, or dismiss any employee of the Corporation, including but not limited to, the Directors, and the non-union and unionized employees; and (c) to the Chief Administrative Officer and to either the Warden or the Director of Finance to authorize any expenditure over $50,000 that had been previously approved by the Council, or that was contained in the current budget, or in case of a declared emergency. 2. THAT this, By-law sha(I come into force and take effect on the final passing thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 31St DAY OF AUGUST 2010. Mark G. McDonald, Bonnie~Vowel, Chief Administrative Officer. Warden. t,. ,__.._- .. w 'F~ ~' 3 DATE: 8/27/2010 Send to: Warden Vowel and County Councillors Attention: Office Location: Fax Number: Call Group #s From: Mark G. McDonald, Chief Administrative Officer mmcdonald@elgin-county.on.ca Office Location: Administrative Services Phone Number: Ext. 161 Number of Pages, Including Cover: 14 ^ URGENT ^ REPLY ASAP ^ PLEASE COMMENT ^ PLEASE REVIEW ^ FOR YOUR INFORMATION COMMENTS: Additional Items for Council Agenda of August 31, 2010 Reminder: The August 31St, 2010 County Council meeting will be commencing at 1:30 P.IVi. N n~ Closed IVleeting Item: (attached) 1. General Manager of Economic Development -Municipal Act, Section 240.2 (a) the security of the property of the municipality or local board ®Innovation Centre for Entrepreneurs (ICE). Mr. John Regan (CFDC) to attend. By®L.aws: (attached) By-Law 10-28 - Being a By-Law to Authorize the Submission of a Restructuring Proposal (Sutherland Line) and Report to the Minister of Municipal Affairs and Housing. By-Law 10-29 - Being a By-Law to Authorize the Submission of a Restructuring Proposal (Sutherland Line) and Report to the Minister of Municipal Affairs and Housing. THE INFORMATION IN THIS FACSIIvIII.E IS FOR THE NAMED RECIPIENT ONLY. IT MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS 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 vdww. e l gi n-co u nty. o n. ca