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October 25, 2011 Agenda PackageE/ 1 inCount g Y ORDER 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th 13th 14th NOTICE: ORDERS OF THE DA Y FOR TUESDAY, OCTOBER 25, 2011- 9 :00 A.M. Meeting Called to Order Adoption of Minutes — September 27, 2011 Disclosure of Pecuniary Interest and the General Nature Thereof Presenting Petitions, Presentations and Delegations Motion to Move Into "Committee Of The Whole Council" Reports of Council, Outside Boards and Staff Council Correspondence 1) Items for Consideration 2 Items for Information (Consent Agenda) OTHER BUSINESS 1) Statements /Inquiries by Members 2) Notice of Motion 3) Matters of Urgency Closed Meeting Items — see separate Addendum Recess Motion to Rise and Report Motion to Adopt Recommendations from the Committee Of The Whole Consideration of By -Laws ADJOURNMENT LUNCH WILL BE PROVIDED November 4, 2011 November 8, 2011 November 22, 2011 November 26, 2011 Warden's Banquet, Malahide Community Place (COUNTY ATTIRE REQUIRED AT BANQUET) County Council & Student's Day County Council Elgin County Christmas Party, St. Anne's Centre 1 DRAFT COUNTY COUNCIL Tuesday, September 27, 2011 The Elgin County Council met this day at the Administration Building at 9:02 a.m. with all members present. Warden Mennill in the Chair. ADOPTION OF MINUTES Councillor Enns noted an editorial error in the minutes where Graham Road was mentioned instead of Calton Line. Council agreed to this friendly amendment. Moved by Councillor McIntyre Seconded by Councillor Walters THAT the minutes of the meeting held on September 13, 2011 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — None. DELEGATIONS Paul Schaffer, Executive Director, Elgin -St. Thomas United Way, and Dr. Greg Johnston, Fundraising Chair, kicked off the annual United Way campaign. Councillor Walters issued a challenge to his colleagues to make a payroll deduction personally of $20 /pay and have their municipalities support United Way. The Warden will issue a fundraising challenge to the City of St. Thomas. Moved by Councillor McIntyre Seconded by Councillor Jenkins THAT the "Annual United Way Campaign" presentation be received and filed. - Carried. Dennis Travale, Chair, South Central Ontario Region Economic Development Corporation (SCOR) and SCOR General Manager Art Lawson gave a PowerPoint presentation on SCOR goals and funding requirements. Moved by Councillor Couckuyt Seconded by Councillor Marr THAT Elgin County Council agree in principle with the funding request in the amount of $25,000 by SCOR and refer the item to the County budget deliberations for 2012. - Carried. Jenny Phillips, Chair, Joint Elgin /Central Elgin Accessibility Committee, presented the 2009- 2011 Annual Municipal Accessibility Plan. Moved by Councillor Walters Seconded by Councillor Marr THAT the Elgin /Central Elgin Joint Accessibility Advisory Committee recommends to the Council for the County of Elgin and to the Council for the Municipality of Central Elgin that the following barriers to persons with disabilities be addressed during 2012: 1. All barriers identified by departmental staff for elimination in 2013, which are detailed on Pages 8 -13 of the plan, are to be scheduled for completion during 2012, or as legislated by Provincial Standards, within budgetary limitations: and, 2 THAT Elgin and Central Elgin staff work toward development and implementation of processes and policies to comply with the new Mandatory Accessibility Standards. - Carried. Moved by Councillor Wiehle Seconded by Councillor McIntyre THAT we do now move into the Committee Of The Whole Council. - Carried. REPORTS Annual Warden's Banquet — Councillors McIntyre and McWilliam The Chair of the Social /Entertainment Committee presented a report outlining details of the November 4, 2011 banquet for the Warden. Moved by Councillor McWilliam Seconded by Councillor McIntyre THAT the report titled "Annual Warden's Banquet" dated September 12, 2011 be received and filed. - Carried. Sand Plains Funding for Museum Barn Quilt Project — Curator, Elgin County Museum The curator presented the report regarding a barn quilt trail program in Elgin County. Moved by Councillor McIntyre Seconded by Councillor Jenkins THAT the report titled "Sand Plains Funding for Museum Barn Quilt Project" dated September 12, 2011 be received and filed. - Carried. General Insurance and Risk Management Services Program — Purchasing Coordinator The Director of Financial Services presented the report on the results of a proposal issued for general insurance. Moved by Councillor Couckuyt Seconded by Councillor McWilliam THAT in support of Armour Riley Inc.'s recommendation, Frank Cowan Insurance Company Ltd., be selected for the provision of General Insurance and Risk Management Services Program for the 2011 -2012 in the proposed annual premium of $249,812 plus taxes, commencing November 15, 2011 until November 14, 2012, with an option to renew for up to and including an additional four year term: and, THAT the Warden and Chief Administrative Officer be authorized to sign the contract. - Carried. 2011 Audited Consolidated Financial Statements and Financial Information Return — Director of Financial Services The director presented the report and consolidated financial statements for the year ended 2010. 3 Moved by Councillor Jenkins Seconded by Councillor Wiehle THAT the report titled "2011 Audited Consolidated Financial Statements and Financial Information Return" dated September 12, 2011 be received and filed. - Carried. Budget Comparison, August 2011 — Director of Financial Services The Director presented the report, showing the County performance was favourable. Moved by Councillor McIntyre Seconded by Councillor Walters THAT the report titled "Budget Comparison, August 2011" dated September 13, 2011 be received and filed. - Carried. 2010 Performance Measures — Director of Financial Services The director presented the report and noted it will be published on the County's website. Moved by Councillor McWilliam Seconded by Councillor Marr THAT the report titled "2010 Municipal Performance Measures" dated September 1, 2011 be received and filed. - Carried. Staff was asked to provide an explanation on the "per used kilometer" figure used in the report at a future meeting. Council recessed for ten minutes. Requests and Concerns Policy Revision — Director of Homes and Seniors Services The director presented the report, outlining the revisions required under the Long Term Care Act 2007. Moved by Councillor Ens Seconded by Councillor Walters THAT the policy titled "Requests and Concerns" and corresponding form revisions be approved: and, THAT the report titled "Requests and Concerns Policy Revision" dated September 12, 2011 be received and filed. - Carried. New & Revised Policies & Procedures: Residents' Bill of Rights; Resident Abuse; Staff Reporting and Whistle Blower Protection — Director of Homes and Seniors Services The director presented the revisions of the three policies and procedures. Moved by Councillor Marr Seconded by Councillor McWilliam THAT the policy revisions Admin 2.1 — Residents' Bill of Rights and Admin 2.11 — Resident Abuse be approved as amended: and, THAT the new policy Admin 2.3 — Whistle Blower Protection be approved as written: and, 4 THAT the report titled "New & Revised Polices and Procedures, Residents' Bill of Rights, Resident Abuse, and Staff Reporting and Whistle Blower Protection" dated September 13, 2011 be received and filed. - Carried. Pet Visitation Policy and Pet Visitation Pamphlet — Director of Homes and Seniors Services The director presented the report, noting the policy was required under the Long Term Care Act 2007. Moved by Councillor McIntyre Seconded by Councillor Jenkins THAT the new administration policy numbered Admin 1.25 titled "Pet Visitation" and the Pet Visitation pamphlet, be approved: and, THAT the report titled "Administration 1.25 -Pet Visitation Policy -New and Pet Visitation Pamphlet" dated September 13, 2011 be received and filed. - Carried. Kalita- Pfeifer & Talbot Line Municipal Drains — Director of Engineerinq Services The director presented the report outlining the background on the two drains. Moved by Councillor McIntyre Seconded by Councillor Jenkins THAT staff be directed to appeal to the Drainage Tribunal to maintain the engineer's original assessment for the Kalita- Pfeifer Drain and the Talbot Line Drain. - Carried. Farming Equipment and County Roads — Director of Engineerinq Services The director presented the report, a follow up to a staff direction from September 13, 2011 council that an ad hoc committee be struck to review safety concerns around farm equipment. Moved by Councillor Walters Seconded by Councillor McIntyre THAT an ad hoc committee chaired by Councillor Walters be struck to investigate ways of improving road grading swales along county roads: and, THAT the report titled "Farming Equipment and County Roads" dated September 15, 2011 be received and filed. - Carried. Bridge Weight Restrictions — Director of Engineering Services The director presented the report, noting all municipalities are required to re- evaluate the condition of weight restricted structures every two years. Moved by Councillor Wiehle Seconded by Councillor McWilliam THAT no vehicle or any class thereof, whether empty or loaded, shall be operated over any bridge designated on Schedules No. 1 and No. 2 forming part of this by -law with a weight in excess of the weight limited prescribed in the schedule for such bridge and that this by -law become effective until October 20, 2013: and, THAT this by -law become effective once the weight postings have been posted: and, 5 THAT By -Law No. 09 -28 and By -Law No. 09 -35 be repealed. - Carried. CORRESPONDENCE (Items for Consideration) 1. Cathy Balcomb, Deputy Clerk, Norfolk County, requesting a provincial moratorium on industrial wind turbines. 2. Paul Collins, President and CEO, St. Thomas Elgin General Hospital, thanking Council for opportunity to attend County Council and also has provided responses to key hospital questions. 3. Don Mathieson, Chair, Southwest Economic Alliance, seeking support for the establishment of a Provincial Southwestern Ontario Development Fund. 4. Joe Docherty, Executive Director, North America Railway Hall of Fame, inviting County Council to "Station Celebration' on October 28, 2011 to kick off their capital campaign. The following recommendations were adopted in regard to Correspondence Items #1 - 4. Moved by Councillor Walters Seconded by Councillor Marr THAT Correspondence Item #1 be received and filed. - Carried. Moved by Councillor Jenkins Seconded by Councillor McWilliam THAT Correspondence Item #2 be received and filed. - Carried. Moved by Councillor Couckyut Seconded by Councillor Ens THAT Correspondence Item #3 be received and filed. - Carried. Moved by Councillor Walters Seconded by Councillor McIntyre THAT Correspondence Item #4 be received and filed. - Carried. CORRESPONDENCE Items for Information (Consent Agenda) 1. Donna Ethier, CAO /Clerk, Township of Southwold, with resolution regarding fire dispatch services agreement. 2. Chris Ripley, Manager, Regulatory Applications, Union Gas, with a copy of a Notice of Application, Union Gas Limited Rates for 2012. The following recommendations were adopted in regard to Correspondence Items #1 - 2. 6 Moved by Councillor McIntyre Seconded by Councillor Walters THAT Correspondence Item #1 be received and filed. - Carried. Moved by Councillor Marr Seconded by Councillor McWilliam THAT Correspondence Item #2 be received and filed. - Carried. OTHER BUSINESS Statements /Inquiries by Members Councillor Walters declared his intention to let his name stand to run as Warden for the 2012 year term of council. Warden Mennill announced Elgin County was the recipient of two international marketing awards, presented at the International Economic conference last week for Savour Elgin. He congratulated the County's Economic Development and Tourism Services department for their work. A letter of congratulations to the County from the Southwest Ontario Tourism Corporation was circulated. Councillor McWilliam reported on the tree planting ceremony at the County Administration Building during National Tree Day on September 21, 2011 where he represented County Council as Deputy Warden. Notice of Motion — None. Matters of Urgency — None. Closed Meeting Items Moved by Councillor McIntyre Seconded by Councillor Jenkins THAT we do now proceed into closed meeting session in accordance with the Municipal Act Section 240.2 (b) personal matters about an identifiable individual, including municipal or local board employees — Hospital Redevelopment and the President/CEO Contract; 240. 2 (d) labour relations or employee negotiations — Library Service During Holiday Season; 240.2 (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board — Insurance Opinion re: Insurance Proposals; and, E. (Elgin) v. Brown (Steve /Joanne). - Carried. DELEGATION Bruce Babcock, Chair, St. Thomas Elgin General Hospital Board of Governors, and Tom Marks, County Council's representative on the hospital board. The Chair of the hospital board made a presentation and responded to questions from council on hospital redevelopment and the President /C.E.O. contract. Motion to Rise and Report Moved by Councillor Marr Seconded by Councillor Walters THAT we now rise without reporting. 7 - Carried. PRESENTATIONS Warden Mennill thanked retiring Elgin- Middlesex- London Member of Provincial Parliament Steve Peters for this work on behalf of the County, and presented him with gifts of recognition. He was given a standing ovation. Duncan McPhail, Chair, the International Plowing Match 2010 Executive Committee, gave a report and presented the final repayment to the County of Elgin for its financial support of the Match. John Wise was introduced and presented to the County Archives, the Wise family plow. The Warden thanked the Committee and presented them with a plaque, to be included near the plow in a future exhibit. International Plowing Match Legacy Agricultural Scholarship Program — Administrative Services Coordinator The report on the proposal for an agricultural scholarship as part of the legacy of the International Plowing Match 2010, hosted in Elgin County, was considered. Moved by Councillor McIntyre Seconded by Councillor Walters THAT Elgin County Council approve the request by the Elgin -St. Thomas Executive Committee of the International Plowing Match, 2010, (IPM) to fund a scholarship over a 10 -year period, effective 2012, as a legacy to the community from the IPM: and, THAT the County apply $50,000 of the IPM loan repayment amount totaling $92,000 to the scholarship program: and, THAT staff be directed to develop criteria for Council's consideration to award scholarships to one female and one male each year in the amount of $2,500 per scholarship, who are to attend college or university studying in agriculturally - related programs with the criteria to include involving the IPM Executive Committee Chair on the selection committee: and, THAT the County administrate the program, on behalf of the IPM Executive Committee: and, THAT the 10 -year financial plan be adjusted to reflect this grant: and, THAT the report titled "International Plowing Match Legacy Agricultural Scholarship Program" dated September 20, 2011 be received and filed. - Carried. The meeting recessed at 12:30 p.m. and reconvened at 1:05 p.m. Moved by Councillor Ens Seconded by Councillor Marr THAT we do now proceed to continue the closed session from earlier in the meeting. - Carried. There was discussion on the presentation regarding the St. Thomas Elgin General Hospital. The Director of Community and Cultural Services presented a report on Library Service during the Holiday Season. The Chief Administrative Officer presented a report on Insurance Opinion regarding Insurance Proposals. The Chief Administrative Officer presented a report on E. (Elgin) v. Brown (Steve /Joanne) regarding a tree by -law infraction. 8 Motion to Rise and Report Moved by Councillor McIntyre Seconded by Councillor Marr THAT we do now rise and report. - Carried. Moved by Councillor Walters Seconded by Councillor Ens WHEREAS Elgin County Council has always and continues to strongly support its local community hospital: and, WHEREAS Elgin County Council is fully prepared to make a significant contribution to the redevelopment campaign: and, WHEREAS Elgin County ratepayers have expressed concern with the contract of the recently retired hospital President and C.E.O., particularly the potentially negative effect the renewal of said contract may have on campaign fundraising efforts from a disgruntled public: NOW THEREFORE BE IT RESOLVED THAT Elgin County Council respectfully recommends to the Board of Governors of the St. Thomas Elgin General Hospital, that, for the betterment of the community, the recruitment of the President and C.E.O. position commence as soon as possible with the goal of replacement within one year's time. - Carried Unanimously. Moved by Councillor McIntyre Seconded by Councillor Marr THAT staff be given direction to maintain the closure of Elgin County Library during the period between Christmas Day and New Year's Day in future collective bargaining with the Canadian Union of Public Employees. - Carried. Moved by Councillor Wiehle Seconded by Councillor Jenkins THAT the confidential report regarding insurance proposals be received and filed. - Carried. Moved by Councillor Wiehle Seconded by Councillor Marr THAT County Council accept the advice of the County Solicitor regarding a tree by -law infraction in correspondence dated September 2, 2011. - Carried. Motion to Adopt Recommendations of the Committee of the Whole Moved by Councillor Walters Seconded by Councillor McWilliam THAT we do now adopt recommendations of the Committee Of The Whole. - Carried. 9 County Council 9 September 27, 2011 BY-LAWS Moved by Councillor Ens Seconded by Councillor McIntyre THAT By -Law No. 11 -22 "Being a By -Law to Restrict the Weight of Vehicles Passing Over Bridges and to Repeal By -Laws No. 09 -28 and 09 -35" be read a first, second and third time and finally passed. - Carried. Moved by Councillor Jenkins Seconded by Councillor Couckuyt THAT By -Law No. 11 -23 "Being a By -Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the September 27, 2011 Meeting" be read a first, second and third time and finally passed. - Carried. ADJOURNMENT Moved by Councillor Walters Seconded by Councillor McIntyre THAT we do now adjourn at 2:40 p.m. and meet again on October 25, 2011 at the County Administration Building Council Chambers at 9:00 a.m. Mark G. McDonald, Chief Administrative Officer. 10 - Carried. Dave Mennill, Warden. REPORTS OF COUNCIL AND STAFF October 25, 2011 Council Reports — (ATTACHED) Councillor McWilliam and Councillor McIntyre — Hospitality Suite at ROMA -OGRA Staff Reports — (ATTACHED) Business Development Coordinator — Local Food Awareness Program, Trillium Application Chief Administrative Officer — Appointment of Closed Meeting Investigator for the County of Elgin and Constituent Municipalities Manager of Planning — Establishing an Elgin County Planning Office Manager of Archives — Elgin County Council Student Day Director of Financial Services — Budget Comparison — September 2011 Director of Financial Services — 2010 Performance Measures Detail for Roads Maintenance Costs Director of Engineering Services — Roof Replacement, Terrace Lodge Director of Engineering Services — King George Lift Bridge — Repairs to Hatch Cover Director of Engineering Services — Exterior Improvements King George Lift Bridge — Re -Award Director of Engineering Services — Custodial Maintenance Service Director of Human Resources Director of Human Resources — 2012 Changes to Ontario Municipal Employees Retirement System — 2011 Excess Indemnity Coverage and Occupational Accident Insurance Renewals 11 Elgin "_:. • Pli,Iesiin' DI f4.. ( REPORT TO COUNTY COUNCIL FROM: Councillors McWilliam and McIntyre DATE: October 11, 2011 SUBJECT: Hospitality Suite at ROMA -OGRA INTRODUCTION: Elgin County Council Procedural Policy for convention /workshops /seminar attendance and hospitality rooms states that Council "through the budget process, may authorize the use of a hospitality suite. This shall be decided by Council no later than October of the preceding year." BACKGROUND: Elgin County wardens have had an informal tradition of hosting fellow conference attendees during the annual Rural Ontario Municipal Association - Ontario Good Roads Association (ROMA -OGRA) convention in February in Toronto. The hospitality activity grew over time into the rental of a suite for the entire duration of the conference, operating Sunday through Tuesday nights, with a full bar, food, and on occasion, gifts for guests. The concept of the hospitality suite was to promote Elgin County as a place to visit. Thus, over the past few years, county staff, mostly from the engineering department, put preparation time into tourism displays and promotional items for the suite. And staff time also went into supplies for the room, including daily refreshing of food, etc. The total budget for the event can run into several thousands of dollars. In- direct costs associated with the event include staff picking up supplies, transferring supplies to the event, set -up at the event, and the purchase of promotional items. In 2010, the Warden declined the option of a hospitality suite at the 2011 ROMA -OGRA conference due to budgetary reasons during a time of fiscal restraint. However, if Council does undertake the option of hosting a hospitality suite, a decision is required before the end of October 2011 in order to book a suite for the conference. CONCLUSION: The Procedural Policy requires that Council make a decision by the end of October 2011 on the option of a hospitality suite during the ROMA -OGRA conference. In light of the cost and effort and the cancellation of the venue in 2011, it appears that the trend is to move away from this tradition. 12 RECOMMENDATION: THAT Elgin County Council discontinue hosting a hospitality suite during the annual 2012 ROMA -OGRA conference in Toronto; and, THAT the report titled "Hospitality Suite at ROMA -OGRA" dated October 11, 2011 be received and filed. All of which is Respectfully Submitted Approved for Submission Councillor Cameron McWilliam Mark G. McDonald Councillor Jim McIntyre Chief Administrative Officer 13 ElgnCout my Prograishetto Wu re REPORT TO COUNCIL FROM: Kate Burns, Business Development Coordinator DATE: October 25th, 2011 SUBJECT: Local Food Awareness Program, Trillium Application INTRODUCTION: Economic Development has partnered with Elgin St. Thomas Public Health to submit an application to Trillium for funding a Local Food Awareness Program. The Local Food Awareness Program will serve to encourage residents, restaurants, and institutions to use local food, nurture pride of place, resulting in a wide range of other benefits including stronger local businesses and stronger supply chains. DISCUSSION: The Elgin County Local Food Awareness Program: Local Food for Local People consists of the following tactics: • Local Food Plan $10 000 • Resident Education (Info dissemination) $13 000 • Communication (Web, Social Media, email) $20 500 • Classroom Education $10 000 • Restaurant /Institutional program $15 000 • Local Food event $5000 • Local Food Map $2000 Total Request for funds: $65 500 Further information about each of these follows: Local Food Plan ($10 000) Due to the importance of this program, it is recommended that a program plan be developed. Research is to be conducted into local food programs operating in other municipalities, including a look at best practices and activities. Based on the results of the research and a look at Elgin's existing local food organizations, local food information channels and local food programs, the plan will be created. All three audiences: residents, restaurants, and institutions, are to be considered in the development of the plan. 14 This plan is already under development through the Elgin County Economic Development Budget. Resident Education The goal of this activity is to inform residents of the health and economic benefits of buying local and the promotion of the Local Food Charter. Information channels will include print, online, maps, local food events, and farmers' markets. The creation of local recipes will further encourage local food purchases and these recipes will be promoted on websites such as Savour Elgin. Projects within this section will include; i) Hosting an annual recipe contest that features local produce. Creating a cookbook that tells the reader where they can purchase locally grown produce. Recipes would also be posted online, savourelgin.ca ii) Initiate a 100 mile diet competition in Elgin. Launching the event in conjunction with local markets and restaurants and tracking people's progress and telling their stories as they adapt to living on a local diet. Communication Regular, effective and valuable communications will work to share information about local food, what's in season and where to get it. Through website resources, social media and email, this initiative will entail the creation, publication and dissemination of the Local Food Charter. Target audiences will include residents, food producers, restaurants, institutional food buyers and others that are involved in the local food cluster. Classroom Education Working with school boards, a classroom education kit will be developed for teachers. The kit will be geared to providing quick and easy information about the health benefits, about seasonality and about where to purchase local foods. The kit will be designed to be easy to take home and encourage kids to show their parents and then get online for further information. 15 Restaurant /Institutional program $15 000 The purpose of this program is increase volume purchases of local food by volume buyers. To do this it is necessary to formalize food grower's processes, create inventories and cost databases. A research or order portal for chefs will make it easier for them to learn about and purchase local foods. Familiarization tours and tastings for chefs and institutional buyers will introduce them to local foods. This initiative will build connections between large local institutions including the County Long Term Care Facilities, the Thames Valley District School Board /London District Catholic School Board and the Elgin St. Thomas General Hospital with local food producers to promote and expand the use of local food throughout these institutions. Local Food event Partnering with the current local food event, Fresh Fest, will provide a venue for sampling and tasting that can draw a wide range of residents, increasing community wide knowledge about local food and an opportunity to distribute information to further support local food producers and processors. This initiative further develops networks between local producers, restaurateurs and chefs to increase buying of local food by area restaurants. Local Food Map This funding will continue the very successful Buy Fresh Buy Local map that is now being organized by the Elgin Federation of Agriculture and participating farmers. The funding will go towards the printing of the map and ensuring that the map is available in a web based format ensuring that it can easily be updated. Economic Development Support the development of value -added businesses such as micro - breweries by establishing a relationship between the Elgin Federation of Agriculture, local farmers and the Niagara College Brew Master program. Initiate meetings with Elgin County Junior Farmers to create a youth farm /heritage school tour. Junior Farmers will conduct outreach with TVDSB, local agri- tourism operators and other strategic partners for program development and tour locations. 16 CONCLUSION: Economic Development and Elgin St. Thomas Public Health believe that a local food program generates healthy communities, both physically and economically. The Local Food Awareness Program, will ensure that Elgin County's communities are healthy in both of these important areas. RECOMMENDATION: THAT Elgin County Council enter into a collaborative partnership for the Trillium application for funding for the Local Food Awareness Program in partnership with Elgin St. Thomas Public Health. All of which is Respectfully Submitted Approved for Submission Kate Burns Mark G. McDonald Business Development Chief Administrative Coordinator Officer Alan Smith General Manager, Economic Development 17 Elgin: It P- 4oui1rr kr O: to REPORT TO COUNTY COUNCIL FROM: Mark G. McDonald. Chief Administrative Officer DATE: September 20, 2011 SUBJECT: Appointment of Closed Meeting Investigator for the County of Elgin and Constituent Municipalities INTRODUCTION: According to Section 239.1 (2) of the Municipal Act 2001, as amended, municipalities are required to appoint an investigator who has the task of investigating, in an independent manner, on a complaint regarding closed meetings. Municipalities have essentially three options for appointment as follows: (1) appoint someone of their choosing (2) hire a lawyer with or without a retainer (3) utilize the services of the Ontario Ombudsman. For several years now, the County and its municipal partners have been utilizing the services of Mr. John Maddox as closed meeting investigator. Mr. Maddox' term expires on December 31st and he is willing to continue with a contract renewal. Under the terms of the agreement, Mr. Maddox receives a retainer of $1,000 from the County and $300 from each of the participating municipalities all of which is paid for by the county ($3,100). In addition, a fee for service is charged out to the municipality at $100 per hour for investigations (this is paid by the municipality requiring the investigation). In a recent meeting held with local administrators, the recommendation was to continue to utilize the services of Mr. Maddox for the next four years, thereby taking his term into the first year of the next council. In the attached letter Mr. Maddox explains the level of activity being generated by his function. It is important to note that numerous inquiries are being answered by Mr. Maddox without the need for an investigation. CONCLUSION: Local administrators recommend re- appointing Mr. Maddox as Closed Meeting Investigator for a four -year term. RECOMMENDATION: THAT Mr. John Maddox (JGIV1 Consulting) be re- appointed as Closed Meeting Investigator for the County of Elgin for a four-year term ending on December 313t, 2015; and, THAT Elgin County agrees lo pay Mr. Maddox's retainer fee for Elgin County and its seven constituent municipalities ($3,100); and, THAT the Warden and Chief Administrative Officer be authorized and directed to sign the necessary documents and agreements; and further, 18 THAT the necessary by-law and agreement be prepared. All of which is Respectfully Submitted Mark G. McDonald Chief Administrative Officer 19 JO Consulting 99 Edgevalley Road, Unit #42 London, Ontario N5Y 5N1 Phone (5 N) 451 -J33C - 001 1: X519} 851 -3204 E -mail: September lst, 2011 Mark McDonald, CAO County of Elgin 450 Sunset Drive St. Thomas, Ontario N5R 5V1 Ladies es & Gentlemen Re: Closed Aieetin Invesii ator— Renewal 2012 GST€: e5135778ORTOOO1 RECEIVED AUG 3 +L mp FE im It has been a pleasure to serve Elgin County and its constituent Mt nieipalilies and the City cif St. Thomas as your Closed Meeting Tmvestigator for the past 4 years. The activity level has not likely met the predictions of many but 1 would suggest that "bodes" well for the integrity of Local Government and also reflects well in terms of advice and direction that you can offer. I can advise that I have completed 17 reviews across the sixty intm cipalities in which I have Closed Meeting Investigator responsibilities. In conjunction with these reviews I have bad numerous inquiries from across the area as to concerrnsIallegations with respect to Council behaviour. In many cases I have been able to explain the jurisdiction and process regarding "Closed IvleeIing ID. estigations" which has discouraged the pursuit of a "complaint ". This education eomporient I believe has had an impact on the number afformel complaints in the areal serve. The year 2011 has been the first year of a "new council" term which I believe has had an impact on the activity level respecting "Closed Meeting Investigations ". I have conducted two reviews in 2011 both in Southern Ontario and have taken many general inquiries as to the legislative provisions. I have indicated to I lar1C that 1 Burr prepared to continue in this capacity for 2012 under the same contractual provisions that were in place for 2011 for Elgin County, the lower tier constituent municipalities and the City of St. Thomas_ Thank you for your consideration with respect to this matter. Regards, hr. Maddox Encl. 20 REPORT TO COUNTY COUNCIL FROM: Steve Evans, Manager of Planning DATE: October 7, 2011 SUBJECT: Establishing an Elgin County Planning Office INTRODUCTION: This report will provide County Council with information about establishing a planning presence at the County level following approval of the Elgin County Official Plan and the subsequent delegation of approval powers from the Minister of Municipal Affairs and Housing. DISCUSSION: The County of Elgin will receive delegated powers from the Minister of Municipal Affairs and Housing following the Province's approval of the Elgin County Official Plan in 2012. As the approval authority the County of Elgin will have the responsibility to carry out the approvals function which will require professional staff with skills to administer the Municipal Plan Review function, maintain the County's Official Plan and advise County Council on all County planning matters. There are two important matters to consider when establishing a planning presence at the County of Elgin, which include human resources and the level of service and core business alignment. Needed human resources will vary based on the level of service the County desires. If the County provides only basic planning functions i.e. administers the approvals function as delegated by the Province, provides County comments on all consents, minor variances and other planning matters that are circulated to the County for comment; it is estimated that one full -time professional planner with experience in GIS would be required. If however, the County provided a full service planning department where services were made available to all local municipalities the staff complement is estimated at two professional planners, a GIS technician and support staff. Core business alignment will be important in order to take advantage of departmental synergies. It has been suggested that the planning function be aligned with Economic Development and Tourism Services where departmental efficiencies such as shared support services and office space can be realized. Planning staff could be effectively utilized in Economic development initiatives such as Cultural Planning, Employment Lands Strategy and other related tasks. In addition, the General Manager of Economic Development holds a Masters degree in Planning and could provide mentoring and oversight required to help a planner with his /her new responsibilities. 21 Once County Council has adopted the Official Plan, it will be forwarded to the Minister of Municipal Affairs and Housing for approval. The Planning Act sets out the responsibility of the approval authority (currently the Province) with respect to the decision to approve the Elgin County Official Plan. If a decision is not provided within 180 days of receipt of the adopted document an appeal can be lodged with the OMB. During the approval phase (which could take 180 days or longer if there are appeals) the Manager of Planning will assist the County in establishing processes and procedures that will satisfy the Province with respect to Elgin's new approval authority responsibilities. Guidance documents will be prepared in consultation with various ministries, agencies and stakeholders to clarify the County's new role and how development applications will be processed. The County's Planning Consultants, Meridian Planning, will continue as a resource to the County providing advice and guidance about appeals and any modifications proposed by the Province. Options for Staffing an Elgin County Planning Office This report provides four staffing options that are based on the level of service the County of Elgin would provide. Option 1 — Basic Planning The County of Elgin could provide for a basic planning function which would require minimal staffing and deal with County planning matters only. Such basic function would include the necessary planning oversight needed for the Provincially delegated "Approval Authority" responsibilities. As well planning staff would be responsible for providing comments on all planning - related applications that come before Elgin County as a commenting agency such as consents (through Land Division Committee), minor variances and zoning by -laws amendments (from local municipalities), etc. In this option one full time professional planner with GIS capabilities should be sufficient to carry out this level of workload along with part time support staff. Note: The planner may in future take on the responsibility of Secretary Treasurer of the Land Division Committee Estimated budget requirements — Planner at $70,000 + benefits = $ 85,000 Support staff $ 0 (use existing staff) Total = $ 85,000 Option 2 — Basic + GIS Should the County wish to provide only County planning functions but additionally take on a leadership role in County -wide GIS, then one full time professional planner and one full time GIS technician plus part time support staff is recommended. Estimated budget requirements — Planner at $70,000 + benefits = $ 85,000 GIS Tech at $60,000 + benefits = $ 72,500 Support staff $ 0 (use existing staff) Total = $157,500 22 Option 3 — Full Service If the County were to take on local municipal planning responsibilities, additional staff would be required. In the event that all seven local municipalities requested the County to provide a full service planning function, a minimum of two full time professional planners, a GIS technician and appropriate support staff would be necessary. Estimated budget requirements — Senior Planner at $85,000 + benefits = $ 100,000 Planner at $70,000 + = $ 85,000 GIS Tech $60,000 + = $ 72,500 Total = $ 257,500 Option 4 — Contracting Out Contracting out planning services is another option that Council could consider. A planner or planning consulting firm would need to declare any conflict of interest and the Ministry of Municipal Affairs would also need to give its approval to this type of arrangement. Estimated budget requirements — retainer $ 50,000 Additional hours @ $ 175 (750 -1000 hours) Total $181,250 to $225,000 Observations on contracting out from MMAH: • Municipal staff will provide greater continuity especially in policy development over time • Municipal staff usually have a better understanding of local issues and work regularly with Council • Municipal staff tend to be more responsive to issues of Council and ratepayers • Conflicts of interest may reduce the pool of consultants that are available • Delegating certain authorities from Council to a consultant rather than a municipal officer may not be considered appropriate While Ministry staff is not passing judgement on the approach Elgin County takes with contracting out planning services the above observations are shared for the County's consideration. CONCLUSION: This report provides information about the County's new responsibilities as a result of delegated approval authority powers from the Province. As well it provides County Council with a number of options so that consideration can be given to the type of planning service that is desirable for Elgin in the future. The new approval authority responsibilities will require Elgin County to put in place the resources and staff to fulfil its new mandate in planning. The options listed above provide a broad perspective on various service levels. Option 3 would require an in -depth cost /benefit analysis to determine whether the County could provide a full service planning function at less cost than the cumulative planning costs for each local municipality. Based on the substantial time requirement to collect such data Option 3 is not being recommended for Council's consideration. 23 RECOMMENDATION: It is recommended that Council review all options for staffing an Elgin County Planning Office and give direction to staff to discuss one or more options with the Ministry of Municipal Affairs, the Official Plan Steering Committee, the Technical Advisory Committee, the Public Focus Group and the general public and that staff report back to Council with its findings. All of which is Respectfully Submitted Approved for Submission Steve Evans Mark G. McDonald Manager of Planning Chief Administrative Officer 24 E1gin▪ C- ounty PsmduhCb/ &cora REPORT TO COUNTY COUNCIL FROM: Stephen Francom Manager of Archives DATE: October 6, 2011 SUBJECT: Elgin County Council Student Day INTRODUCTION: This report outlines a proposed schedule of activities for a special "Student Day" session of County Council to be held November 8, 2011. DISCUSSION: Elgin County Council will host a special "Student Day" session for students of Elgin County high schools on November 8th, 2011, for the purpose of enhancing student understanding of and appreciation for the operations of County government. Staff recommend that the following agenda of activities for student participants in this session be adopted: 9:00- 10:00: Students assemble in the Council chamber, are formally introduced by their sponsors and observe Council proceedings; 10:00- 10:30: Students attend a tour of the Elgin County Archives to learn about County records management and retention practices; 10:30- 11:00: Students attend a round table session in the Elgin County Museum in which they will discuss and analyze a sample Council report; 11:00- 12:00: Students return to the Council chamber to continue observing Council proceedings and witness Council discussion of the sample report; 12:00 -1:00: Students attend Council luncheon with their sponsors. Councillors and Directors may, at their option, invite student participants to accompany them as they conduct constituency/ administrative business following the council session. Individual Councillors and Directors will be responsible for recruiting /sponsoring student participants and for arranging the necessary permissions to allow their attendance and participation. 25 CONCLUSION: Staff have proposed an agenda of activities for student participants in the special "Student Day" session of County Council to be held on November 8t", 2011. RECOMMENDATION: THAT Council approve the proposed agenda of activities for student participants in Council's "Student Day" session on November 8t", 2011. All of which is Respectfully Submitted Approved for Submission Stephen Francom Mark G. McDonald Manager of Archives Chief Administrative Officer Brian Masschaele Director of Community and Cultural Services 26 REPORT TO COUNTY COUNCIL FROM: Jim Bundschuh - Director of Financial Services DATE: October 13th, 2011 SUBJECT: Budget Comparison — September 2011 INTRODUCTION: Attached is the budget comparison through September 2011 for the County showing total favourable performance to budget for the month of $83,000 bringing year -to -date performance $722,000 favourable. DISCUSSION /CONCLUSION: Highlights of the budget performance for the month as shown on Attachment are as follows: Line 18 — Homes: Ministry's new funding levels for 2011, as previously discussed, will be resulting in favourable revenue performance to budget each month for the rest of the year. In September this drove favourable performance for September of $38,000. RECOMMENDATION: THAT the report titled "Budget Comparison — September 2011" dated October 13th, 2011 be received and filed. Respectfully Submitted Approved for Submission Jim Bundschuh Mark G. McDonald Director of Financial Services Chief Administrative Officer 27 Attachment I c E 7 O U 0 m Z_ ,n m m J v) W _ p c RI a H 0 Z a U cp O ftz m' u. 2 H Z 0 2 Ea D H W Z 0 Z W a W RECEIPTS -J Q 1- F- 0 Q H W Z 0 Z W w RECEIPTS Description C0) O 0 0 0 0 IN O N N M 0 co) `� O O co O - Ti - r N C LO NT N O O I- N (O N NT CO N- M CO- Lf) CO CO N M O O O 00 O N CO- LO NT N 00 O N O M N (O 6) U) LO N- O O LO LO N N r r- 00 0o N M 00 i ti N co CO ti (D T CO (D M O N O O N N ^O 0 N Co O Co N Co N ti CO- O O O O 0) O L() Co NT LO NT- 00 NT01000 Co NT O 00 ' O ( 9- 0 0 CO 0 NT M O N 0 N O O O CO O N N ▪ O O O O M 0 T- ti et N O ti O r ti ti O (D N er- N T- CORPORATE ACTIVITIES INTEREST CHARGES & INCOME SOCIAL SERVICES - ST. THOMAS HEALTH UNIT U 1- z OC (9 RENTAL INCOME PROPERTY ASSESSMENT ONTARIO MUNICIPAL PARTNERSHIP FUND PROJECT COSTS Total Corporate NIMI-4-Icol(ol1,-lcol0)l OI NT LO (O O O NT O M LO 00 O M N - I- O O O CO CO (O O M N (D 00 I- N O N O N— M N- 0O M 0O N N W LO O CO- 0• ) CO- (O (O (O CO- (O O CO N M I- N 6) — — 00 CV CO M CO Lf) NT 6) M CO (O N O LO NT CO CO- CO- LO - N N O CO (O N M NT N N CO M CO O NT O M CO 00 I- N— O LO NT O CO- M N N O CO NT N M NT N LO O O O O a) O CD- LO CO O CO I-- N— CO (O O N M CO- N • 0) (.O CO N N- N- CO O O N NT LO (O N O LO LO (O O N O CO Nr- NT- O • • LO- CO N N O (O CO N LO CO- CO- N- O CO CO (O N- O) Co No N LO CO CO N • N N- N O N N O N IT O N— N (O CO N00 0.)`°-• • N o r- co N M (O L() N I- N N- ▪ N M M O CO- N N • a) O N N LO O M NT O N 6) CO N— LO O O O LO (O CO N LO O N • O N • N- O O O N - �i M (D N O r ti N (D O O N (D T- ti O 7 CO N LO M NT Lf) LO NT up (O LCO co t- o- N N (O O 0) O M N LO N- CO M N CO 0 0 O O O O ""-`. M ▪ M 00 M O N CO NT O N I� CO LO CO O M N 6) O CO- O N M NT N (O NT O CO N No CO L() CO ONO O CO- LO - N CO NT N CO Co O O Co N LO LO LO N O LO N CO 00 LO I� CO NT CO O NT O N • CO N • N O NT LO N CO LO NT N O M O N— (O CO O CO- LO CO- O 00 N M N Co C) CO C) Co (O O (O L() Co (O LO N- CO- 00 N • LO LO LO o N- N i LO N ^N 0 I- - — CO- LO- W) O) up LO N N N M N— M N— O CO N I- CO- O • CO- (.O Ln CO CO LO CO O O NT CO L() I- O CO N N- N— N— CD - CO LO CO i 0 tiT- T- 01 1) (D (D 1) 0 N 1) O O M ti 7 DEPARTMENTAL ACTIVITIES WARDEN AND COUNCIL Go W U w U U uu n : O I:tJ W Q Z Z < Q 2 Z u= Q ADMINISTRATION BUILDING CORPORATE EXPENDITURES ENGINEERING SERVICES Go W U o W U Go o Go OWw u U > o W O v) w w� 2U� Ohm 2 .- J INFORMATION TECHNOLOGIES W U > D Ji! u LL W > OU) o J Z W < 0 0 0 U _ Z w 0 > J D Z O -Jm0 ao<w Total Departmental C• NANIN—II (,2I',I°,2I°'ININ (VII NMI NINI NI 1) (D N N ti (D T- N- CO Tr (D CO (D T- O M CO N M O 0 O M CO M 1) N O O O 0 1— S: \insight data \ELGIN FINANCIAL \Summary2011 12/10/2011 n try- REPORT TO COUNCIL FROM: Jim Bundschuh - Director of Financial Services Clayton Watters — Director of Engineering Services DATE: October 13th, 2011 SUBJECT: 2010 Performance Measures Detail for Roads Maintenance Costs INTRODUCTION: In the September 27th Council Meeting the 2010 Performance Measures were presented and a question was raised regarding the apparent discrepancy between the performance measure versus the actual maintenance payment to municipalities. The purpose of this report is to provide details behind the Roads Maintenance Costs per Lane Kilometre. DISCUSSION: The cost per lane kilometre is comprised of Municipal Partner payments, project costs, salaries, materials and an allocation of program support as following: Maintained 2010 Centre Line KM Allocation Aylmer 4.1 $ 17,094 Bayham 97.6 $ 376,087 Central Elgin 137.4 $ 541,792 Dutton /Dunwich 96.8 $ 371,464 Malahide 146.1 $ 574,196 Southwold 106.6 $ 416,164 West Elgin 99.5 $ 384,297 Total Municipal Partner Payments 688 $2,681,095 Project Costs /Purchased Services * $ 784,038 Salary $ 323,913 Materials $ 56,991 Alloc. Program Support $ 37,348 Total Cost $3,883,385 Lane KM 1,397 Cost per Lane KM $ 2,780 * includes Lakeshore Erosion, Drains, Slopes, Crack Sealing & Patches and Railway Protection 29 It should be noted that the agreement between the municipalities and the County is based on centre line kilometres, but the FIR format requires reporting by lane kilometres, which for a two lane road would be double the value. CONCLUSION: The chart demonstrates that the payment to the municipalities is one component comprising the total cost included as part of the reporting requirements for the Performance Measures submission to the Province. RECOMMENDATION: THAT the report titled "Performance Measures Detail for Roads Maintenance Costs" dated October 13th, 2011 be received and filed. Respectfully Submitted Jim Bundschuh Director of Financial Services Clayton Watters Director of Engineering Services 30 Approved for Submission Mark G. McDonald Chief Administrative Officer REPORT TO COUNTY COUNCIL FROM: Clayton Watters, Director of Engineering Services Sonia Beavers, Purchasing Coordinator DATE: October 6, 2011 SUBJECT: Roof Replacement, Terrace Lodge INTRODUCTION: As part of the approved 2011 Capital Budget, a tender was advertised as per the County's Procurement Policy and submissions were received until September 15, 2011 for the Roof Replacement — Terrace Lodge Tender, Contract No. 4502 -11- 25. DISCUSSION: Six companies submitted bids. The two low bidders were declared informal. The remaining four bids were well over budget. Staff met with the Consultant and the specifications for the project have been revised deleting the sloped insulation and adding additional roof drains. The project was retendered on October 11, 2011. The tender closes on October 27, 2011. The following Council meeting is scheduled November 8, 2011. The work should be started in early November for the set completion date of December 15, 2011. This report is requesting permission for staff to award the tender before the next County Council meeting as long as the lowest bid accepted is within the budget allocation. DISCUSSION / CONCLUSION Therefore, staff is requesting permission to award the Roof Replacement Terrace Lodge tender if the lowest tender is selected and the bid received is within the budget allocation. Results will be reported to County Council at the November 8, 2011 meeting. RECOMMENDATION: THAT staff may award the Roof Replacement — Terrace Lodge, Contract No. 4502- 11 -02(A) tender, as long as the County's Purchasing Policy is followed, the lowest bid is selected and the bid received is within the budget allocations and; 31 THAT staff will report the results of the award at the November 8, 2011 Council meeting. All of which is Respectfully Submitted Approved for Submission Clayton Watters Mark G. McDonald Director of Engineering Services Chief Administrative Officer Sonia Beavers Purchasing Coordinator 32 E1ginCounty Progressive by Nature REPORT TO COUNTY COUNCIL FROM: Clayton Watters, Director of Engineering Services DATE: October 12, 2011 SUBJECT: King George Lift Bridge — Repairs to Hatch Cover INTRODUCTION: The King George Lift Bridge has pits in each abutment that house the counter weight mechanism that assist in the raising and lowering of the bridge. Access to the counter weight areas or pits, is through a hatch. The hatch is located in the centre of the abutment on either side of the bridge. The west hatch requires emergency repairs. DISCUSSION The hatch structural frame has deteriorated and had destabilized the hatch. The frame is comprised of several structural steel members such as angle iron and I beams. If any member of the frame where to break or shear, this would have a serious impact to the safety of the vehicular traffic. Repairs to the frame require replacing some structural members (due to their condition) and the remaining structural members require abrasive blasting and recoating. Comstock Canada has completed all minor and major repairs to the bridge for more than 3 decades. Some of the projects have been tendered and Comstock was the lowest bidder. Comstock has the personnel, experience and equipment to complete the project efficiently. The bridge will be closed to vehicular traffic from Monday morning to Friday evening during one week in November, in order to make the repairs in a safe and efficient manner. The bridge will remain operational for pedestrians and watercraft. The estimated cost for the repairs $16,500. Since this project was not contemplated in the 2011 budget, efficiencies from the Lift Bridge Roof project (6290- 10 -10) will be used to fund this emergency repair. CONCLUSION: The hatch provides access to the counterweight mechanism for the lift bridge. The west hatch requires emergency repairs. Structural repairs are required to the west hatch so that traffic can safely across the abutment. 33 RECOMMENDATION THAT Comstock Canada be directed and authorized to complete repairs to the King George Lift Bridge at their estimated price of $16,500, and; THAT the funds be allocated from the Lift Bridge Roof project, 6290- 10 -10. All of which is Respectfully Submitted, Approved for Submission, Clayton Watters Mark G. McDonald Director of Engineering Services Chief Administrative Officer 34 REPORT TO COUNTY COUNCIL FROM: Clayton Watters, Director of Engineering Services Sonia Beavers, Purchasing Coordinator DATE: October 13, 2011 SUBJECT: Exterior Improvements King George Lift Bridge — Re -Award INTRODUCTION: Council at its meeting held on September 13, 2011 accepted the following recommendation; THAT Klassen Construction be selected for the Exterior Improvements — King George Lift Bridge, Contract No. 6290 -10 -10 at a total price of $83,938.37 exclusive of H.S.T. 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 sign the contracts. However, on October 6, 2011, prior to commencement of the project, staff received a letter from Klassen Construction stating for personal reasons Klassen Construction was not able to fulfil the obligations of the Exterior Improvements King George Lift Bridge Tender and therefore would like to withdraw their bid. The second low bidder is The Cobrell Company Limited. The bid received from The Cobrell Company Limited is $93,118.00 (exclusive of taxes). The completion of the project at this time of the year is weather driven. Therefore staff with the Warden's approval on October 7, 2011 awarded the contract to The Cobrell Company Limited. The works commenced the week of October 12th. The cost of the project remains within the budget allocation. DISCUSSION /CONCLUSION Klassen Construction requested for personal reasons to withdraw their bid. Time is of the essence for commencing the works, with the Warden's permission staff proceeded by awarding the project to the next low bidder, The Cobrell Company Limited. The bid received from The Cobrell Company Limited is within the budget allocation. 35 RECOMMENDATION THAT, County Council affirm that The Cobrell Company Limited be awarded the contract for the Exterior Improvements King George Lift Bridge — Re- Award, Contract No. 6290 -10 -10 at a total price of $83,938.37 exclusive of H.S.T.; 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 sign the contract. All of which is Respectfully Submitted; Clayton Watters Director of Engineering Services Sonia Beavers Purchasing Coordinator 36 Approved for Submission; Mark G. McDonald Chief Administrative Officer REPORT TO COUNTY COUNCIL FROM: Clayton Watters, Director, Engineering Sonia Beavers, Purchasing Coordinator DATE: September 22, 2011 SUBJECT: Custodial Maintenance Service INTRODUCTION: The Custodial Maintenance Service contract at the County Administration Building expires October 31, 2011. A tender was advertised as per the County's Procurement Policy and submissions were received until Tuesday, September 20, 2011 for the Custodial Maintenance Service — Administration Building, Contract No. 5850 - 200 -11. DISCUSSION: Seven companies submitted a bid for the Custodial Maintenance Service Tender. The submitted bids were received as follows: COMPANY TENDER BID (exclusive of H.S.T.) J &A Cleaning Solutions $231,216.00 Bee -Clean $250,477.10 DomClean Limited $254,400.00 ServiceMaster Clean $274,608.00 Green -Tech Building Maintenance Inc. $274,680.00 Omni Facility Services $303,934.08 Eurest Services (Compass Canada) $324,032.52 J &A Cleaning Solutions submitted the lowest bid for the Custodial Maintenance Service Tender for a three year term commencing November 1, 2011 to October 31, 2014 at a total price of $231,216.00, exclusive of H.S.T with the option to renew for an additional 2 year term. The bid includes all labour, material and equipment to provide custodial maintenance service at the County Administration Building. The quote is within the operational budget allocation. J &A Cleaning Solutions is the current custodial maintenance service contractor at the County Administration Building. Staff are pleased with the service provided by J &A Cleaning Solutions. 37 RECOMMENDATION THAT J &A Cleaning Solutions be selected for the Custodial Maintenance Tender, Contract No. 5850 - 200 -11 for a three year term commencing November 1, 2011 to October 31, 2014 with an option to renew for an additional 2 year term at a total price of $231,216 exclusive of H.S.T. All of which is Respectfully Submitted; Clayton Watters Director, Engineering Services Sonia Beavers Purchasing Coordinator 38 Approved for Submission; Mark G. McDonald Chief Administrative Officer REPORT TO COUNTY COUNCIL FROM: Rob Bryce Director of Human Resources DATE: October 11, 2011 SUBJECT: 2012 Changes to Ontario Municipal Employees Retirement System INTRODUCTION: Announced in 2010, the Ontario Municipal Employees Retirement System (OMERS) implemented a three -year contribution rate increase for both members and employers. As Council may recall, these changes were introduced as a temporary strategy to support nearly $5.0 billion of net losses which were added to the Plan's balance sheets as a result of the 2008 economic market collapse. Like many other pension plans, OMERS continues to face a funding shortfall caused by the 2008 global economic downturn. DISCUSSION: Starting on the first full pay period in 2012, OMERS has announced contribution rate increase for members and employers of an average of 1.0% per side. This means an employee earning $50,000 annually will pay an additional amount of approximately $18 gross per pay. This increase is expected to add an additional pension cost to the County of Elgin of approximately $100,000 for 2012, which will be included in 2012 budget deliberations. CONCLUSION: The temporary contribution rate increases are a necessary and responsible action to address the growing deficit in the plan. OMERS will continue to carefully monitor the funded status and make changes as required to support the Plan. These rate increases are intended to be temporary; when the Plan reaches full funding and the deficit is eliminated, rates will be adjusted, according to OMERS. RECOMMENDATION: THAT the report titled "Future Changes to Ontario Municipal Employees Retirement System" dated October 11, 2011 be received and filed. All of which is Respectfully Submitted Approved for Submission Rob Bryce Mark G. McDonald Director of Human Resources Chief Administrative Officer 39 REPORT TO COUNTY COUNCIL FROM: Rob Bryce Director, Human Resources DATE: October 10, 2011 SUBJECT: 2011 Excess Indemnity Coverage and Occupational Accident Insurance renewals INTRODUCTION: The County's Occupational Accident and Excess Indemnity Insurances are to be renewed on November 1, 2011. The renewal period is for 12 months. Despite the best efforts of the County's specialty insurance broker, JLT Canada, the current provider, Chubb Insurance Company of Canada (Chubb) is the only provider of this type of insurance in Canada as other providers have exited the Canadian market. DISCUSSION: The Occupational Accident policy covers costs for permanent partial or permanent total disability as determined one year after an occupational accident. The Excess Indemnity policy assists with liability for workers' compensation claims in excess of $500,000. The premium cost for Excess Indemnity for the 12 month period is $96,266. The premium cost for Occupational Accident is $14,835. The total premium cost, exclusive of Provincial Sales Tax, is $111,101 which represents a 5.95% increase over the 2010/2011 policy year. It should be pointed out however that this increase compares favourably to the prior policy year's 16.7% increase. Moreover, during the 2010/2011 policy year, the County was reimbursed for $159,835.55 of costs relating to a compensable injury. RECOMMENDATION: THAT County Council approve the excess Indemnity and Occupational Accident coverages with Chubb for the period November 1, 2011 to October 31, 2012. All of which is Respectfully Submitted Approved for Submission Rob Bryce Mark McDonald Director of Human Resources Chief Administrative Officer 40 CORRESPONDENCE — October 25, 2011 Items for Consideration - (Attached) 1. Andrew Mune, Chief Executive Officer, MADD Canada, seeking support for opposition to any government plan to put liquor, beer or wine into community convenience stores. 2 Berry Vrbanovic, Federation of Canadian Municipalities (FCM) President, requesting renewal of annual FCM membership fee totaling $6,790.18. 3. Ron Eddy, Mayor, County of Brant, seeking support for the Provincial Government to amend the Municipal Tax Act to remove grain elevators from the industrial property class and include in the commercial property class. 4. Elizabeth VanHooren, General Manager /Secretary Treasurer, Kettle Creek Conservation Authority, seeking letter of support for the four Elgin Conservation Authorities to apply to the Ontario Trillium Foundation for establishment of Clean Water Program. 5, Mayor Heather Jackson- Chapman, City of St. Thomas and Mayor Bill Walters, Municipality of Central Elgin requesting County Council appoint a member to liaise with St, Thomas and Central Elgin in the Centennial Avenue Area Traffic Impact investigation Project. 6. Kevin Bushell, Executive Officer, Facility Services and Capital Planning, Thames Valley District School Board, with information en Disposition of the following properties: • Central Education Centre South, Central Elgin • Elmdale Public School, St. Thomas • Myrtle Street Public School, St. Thomas • Scott Street Public School, St. Thomas 7. Dan Mathieson, Chair, Southwest Economic Alliance, seeking support for the Provincial Government to create a multi -year economic development fund specifically for South- western Ontario in its next budget. B, Bill Walters, Chair, Board of Health, Elgin St. Thomas Public Health requesting an extension to current County of Elgin [ease with the Elgin St. Thomas Public Health Unit. 41 madd* °PIA 011 NAB rublk H[.+ISh Association camh rla frYf b tltrQaGL'i1 Cdnive rar Adelirtic.1 and Men Lot iicn1117. rAmiattnn pci pa 110. .ad-0rl'H. September 27, 2011 Council, County of Elgin c/o Mark McDonald, CAC 450 sunset drive 5t. Thomas, Ontario N5R 5V1 Dear Members of Council for the County of Elgin: c rltre qe 1 nxIadwinH el di! sa nl.* irraLai, RECEIVED SEP 2 2 1111 COUNTY OF ELG I ADMINISTRATIVE SERMES We are writing today, on behalf of MADD Canada, the Ontario Public Health Arssaciatian and the Centre for Addiction and Mental Health to express our concerns about the current campaign to allow beer and wine to be sold at convenience stores. In recent months, the Ontario Convenience Store Association has tried repeatedly to re- ignite the debate on the privatization of beer and wine sales. Oururganizetions strongly oppose allowing beer and wine to be sold in convenience stores. Proponents of private alcohol sales would have us believe that selling beer and wine in convenience stores k no great gamble or risk. But does anyone truly believe purchasing alcohol is the same as purchasing a pack of gum or a carton of milk? Alcohol is not an ordinary commodity and it should net be sold as one. It is linked with more than 65 medical conditions and is a contributing factor in injuries, impairments and deaths caused by illness, impaired driving, homicides, suicides, falls, drowning, assaults, fire and other adverse events that threaten public safety and community well- being. According to the National Alcohol Strategy, alcohol resulted in the deaths of an estimated 4,258 Canadians in 2002 and cost society S14.6 billion iri 105t productivity and health care and law enforce ments casts. The strong links between privatized alcohol sales, increased consumption and increased alcohol - related harms to society are well- documented. A recent statistical analysis by Stockwell et al. (2009) documented a positive relationship between the number of private liquor outlets and alcohol sales using a unique data set from British Columbia. Since increases in overall sales have been correlated with increasing harms in the scientific literature, this development is troubling in terms of a potential worsening of alcohol - related health and 5oeiai harms. Researchers at the Centre for Addiction and Mental Health showed that the privatization of the provincial alcohol monopoly in Alberta was associated with significant increases in that province's suicide mortality rates. in Calgary, the number of liquor stares increased from 23 to nearly 300 between 1995 and 2003, following the privatization of a!mho! sales in Alberta. During that same period, Calgary polite reported a rise in impaired driving charges and family violence in areasaf the city with the highest concentration of liquor stores. 1.../3 42 Abandoning the current system in favour of a privatized or semi- privatized system puts the public at higher risk for a wide range of alcohol - related problems, As Sault Ste. Marie Pclice Chief Bob Davies indicated in a July 30, 2011 article in The Sault Star, putting booze in corner stares will encourage underage drinking. Chief Davies also doubts convenience store workers will scrutinize identification as closely as LCBO and Beer Store employees. Data from British Columbia clearly supports this concern. A 2008 report from the Provincial Health Officer (Mendell, P. [2008] Victoria, BC: Office of the Provincial Health Officer) outlined a compliance check of 831 Liquor Authority, rural agency, and private Iiquor stores using young - looking patrons of legal drinking age. The results revealed "significant differences in rates of compliance with age verification protocols across the various types of outlets, with government Iiquor stores performing substantially better than licensed private retail or agency stores in the province. Given the large increase in private and agency stores in recent years, this likely has important implications for youth access to alcohol in BC_' Privatization jenpardizes the social responsibility programming that is an integral part of the LCBO's operations. Its employees are trained in socially responsible service, know how to identify potential problems and know how to make appropriate judgement calk on issues related to age of customers and intoxication levels. Can we be sure that all convenience store staff will receive comprehensive training and ongoing guidance on such issues? A young clerk in a convenience store is arguably less likely to refuse service to a belligerent, intoxicated customer than a trained and experienced employee den LCBO store. Further, small businesses are faced with competitive pressures to ensure maximum sales. Refusal of sale would weigh more heavily and put a larger financial burden on a smaller retailer than a province -wide, publicly -awned network of stores. Regulations have been shown to be better enforced when the seller is not as financially dependent on maximizing profits. Province -wide, there are approximately 1,000 LCBO and Beer Store retail sites. The estimated ratio of convenience stores to LCBO and Beer Store locations is 7 to 1. That means beer and wine would be sold at an additional 7,000 locations in communities throughout the province. This corresponds to a massive increase in alcohol availability, and substantial scientific research tells us that this will mean a large increase in alcohol - related problems, ranging from underage drinking and family violence to deaths from drunk driving, suicide and alcohol- related chronic disease. From your own community's perspective, consider the number of convenience stores in your municipality and what the outcome may be if they begin selling alcohol and beer. Consider the proximity of many of those stores to local high schools. Finally, consider the increased societal costs to police, health organizations and community groups which will have to monitor and address the negative impact associated with increased alcohol consumption and increased alcohol - related harms that result when access to alcohol is increased so significantly. Provincial liquor boards such as the LCBO strike a fair and effective balance between consumers' access, selection and service, and the need to manage alcohol consumption and minimize alcohol- related harms and costs. Indeed, the World Health Organization and Canada's National Alcohol Strategy agree that Iiquor control board systems such as the LCBO provide an effective means of controlling alcohol consumption and alcohol - related harm in society. 2.../3 43 Moreover, surveys by MADD Canada and the Centre tor Addiction and Mental Health have shown that Ontarians are very satisfied with the LCBO and the social responsibility programs they operate, and that the majority is not in favour of selling beer and wine in convenience stores. Governments, public health partners and community organizations worked very hard to restrict or remove tobacco products from convenience stores for the improved health of our communities and all Ontario residents. Replacing tobacco products on convenience store shelves with alcohol products would take us several steps backward in the health of Ontarians. With all of these facts in mind, we ask you to consider passing a formal resolution, in support of our communities, to oppose any plan to put liquor, beer or wine into convenience stores. Please feel free to contact me at 1- 800- 665 -6233, ext. 224 or amurie@madd,ca if you wish to discuss this further, Si ncerely, Andrew 1Vlurie Chief Executive Officer MADD Canada Siu Mee Cheng Executive Director Ontario Public Health Association CC: Michel Perron, Chief Executive Officer Canadian Centre an Substd nee Abuse 44 Dr. Catherine Zahn President and Chief Executive Officer Centre for Addiction and Mental Health 3._.f3 FCC Mr. Mark G. McDonald County of Elgin 450 Sunset Drive St. Thomas, OIL N5R 5V1 Canada R E C i D OCT 6 1011 COUNTY OF ELGIN ADMINISTRATIVE SERVICES Membership Invoice 2012-2013 Facture &adhesion 1 NVOCCEIFACTURE: 20321 DATE: 9/23/2011 AC COUNT!COMPTE: 17588 ITEM /DESCRIPTION AMOUNT/100 NTAI]T Membership Fee for April 1112 to mutt) 31/13 Frais de cotisatlon du 19' avri12012 au 31 mars 2013 Municipal Dues Calculated with a base fey of $315.Ob plus per capita fees of $5,475.18(fee populaticin of 49,241 x 13,15 cents). $6.790,18 TOTAL: PAID AMOUNT /MONTANT PAYE: BALANCE DU 'LIONTANT DO: $6,790.18 34,00 $6,794.18 Please include a copy of this invoice with your payment. Veuillez retounler une copie de la facture avec votre paiement. Thank You / iierci 45 c :11111 DIPPI1114.0 L3ihrp•? Out (I- I i , - t101` l ' S • .. • 1 111.1 .1. •Areprefr. FCM September 28, 2011 invoice no: 20321 Dear Members of Council: Its time to renew your annual membership with the Fedrl ration of Ganadiar, Municipalities (FCM), The past year has been very productive far FCM and cur members, as wa have worked together to influence federal policies that have led to billions of dollars in available funding for all Canadian communities. Recent successes include an extension to the Economic Action Plan for one construction season, a commitment from the government to work with FCM on a long -term plan for public infrastructure, and a three -year, $1.4- billion affordable housing program. Now, as you prepare to renew your membership, we are dedicating tirne and resources to focus cn key areas of interest for your community over the coming year. Priority areas include: • Infrastructure—ensuring the long -term infrastructure plan reflects the needs of municipalities • Policing and public safety — reform!ng the not onal policing system to establish a fairer distribution of responsibilities and resources. • Rural, remote and northern -- improving life in these communities through dedicated federal programs that address economic and social issues • Transit and transportation — addressing transportation, commuting and public transit issues in the long -term infrastructure plan. The County of Elgin benefits from FCM- driven programs by receiving about *$4,394,759 in revenue from GST rebates and the Gas Tax Fund this year. Your 2012 -2013 FCM membership renewal is only $6,790. Your membership in FC1v1 makes a difference. As our member base has doubled over the past decade, we have become more influential in Ottawa. The result; annual federal investments in municipalities grew from $125 million to $4.75 billion, and this doesn't include the $12 billion from the Economic Action Plan since 2009. Now, as we work with the government an long -term, sustained infrastructure funding and other priorities, we need your support to ensure we are successful, just as we were in securing the GST rebate, the Gas Tax Fund and billions of dollars in other-funding programs for municipalities. FC1t4 gives your municipality the strength of close to 2,000 communities across the country to overcome the challenges you face. Keep our voice strong — renew your membership today. Berry Vrbanovic FCM President Councillor, Kitchener, ON * This arnaurrt 1s an estimate based an an average national allocation of federal funds 4 46 • A $1 4- billion federal-provincial-territorial As municipalities from every corner of the country, we face many challenges — some we • Federal legislation that permanently protects can conquer on our own and some we cannot. the federal Gas Tax Fund from budget cuts, ensuring $2 billion will continue to flow to Your membership with the Federation of municipalities each year Canadian Municipalities (FCM) gives your • Continuation of the 100 per certt CST rebate, municipality the strength of more than 1,900 worth $800 million annually for cities and communities across the country. Together, we communities can overcome common challenges and deliver the quality of life our citizens deserve. This is why it's W Cie 2 w'� Wp" 0 U 0 F-w a G j U m X d E e, CLI 0 gg CC d aUT LL L.OY � W UW L MORE FOR YOU Su iinporl.ant for you to renew your membership Advocacy in Ottawa is just part of what FCM with FCM. events, funding and education programs. and international development opportunities — all When we unite through FCM, we create a strong designed to share knowledge. improve municipal bond that allows all municipalities to speak with government and provide a better quality of life. one national voice. Your support makes this voice possible. VENTS FCM's Annual Conference. along with its annual Sustainable Communities Conference and With this voice, we tell our story in Ottawa and Trade Show, offer networking opportunities and partner constructively with the federal govern- best practices for overcoming municipal issues. Your membership entitles you to registration affect communities large and small. And we get discounts_ results, Recent examples include; PROGRAMS, Municipalities need help in key areas • An extension to the federal Economic Action — and FCM's funding and education programs Plan for one construction season are the answer. These programs address green • A commitment from the federal government to initiatives. affordable housing, women work with FCM, provinces, territories and others ment, climate protection, reduction of diesel to develop a long -term sustainable plan for truck emissions and partnering with First Nations public infrastructure communities_ FCM's largest program, the Green i.1unicipal FundT, is a $550-million endowment by the Government of Canada to support municipal efforts to improve air, water and soil quality. Chair of FCM s Big City Mayors Caucus FCM ABROAD: As municipal leaders, we believe 0' 2 a strong local government is the key to "The sources of income that FCM has secured the quality of life in Canada and abroad. Through via the Gas Tax Fund and the GST rebate, and FCM's international development programs, we Its constant efforts to enable more funds Iike share our expertise in municipal administration and services with local governments in Africa, Asia, membership a very good bang for our buck" Eastern Europe, the Caribbean and Latin America. — Mayor Jeff McConnell, Virden, MB development, education, health and social services, CM provides the clout we need to advance the environment. emergency services, disaster relief and more, in their Communities, — Councillor Sharron Byers Truro, NS 48 4 0 WI re 0 z All Canadian municipalities, including r„, 0 • 0 • S F U E C • ° rtA' 1 - u E ral L tn a 13 4 C 0 6 ww. o inson.caf c ;To yam' REF. Eddy, Mayor P. Enetaan, GAO. Talsphone 515 -449.2451 =ax 5119 -449 -2454 -m ®f1 brantatmrrr.Ce. Web Site httpliwww.brant,ea September 26, 2011 Hen. Dwight Duncan Minister of Finance 7th Floor, Frost Building South 7 Queen's Park Crescent Toronto, ON M7A 1Y7 Dear Ministers Duncan and Mitchell: OUNTY OF Simply Grand County Adrninistratian B&Ming 25 Park Avanue Burford, ON IU3$IIIng Address: P.O. Box 150 Burford, ON NOE MAO Hon. Caron Mitchell Minister of Agriculture, Food and Rural Affairs llth Floor 77 Grenville Street Toronto, ON 1115S 1B3 Brant County Council approved the fallowing resolution at their meeting held on September 20, 2011: "Whereas Ontario Regulation 282/98 of the Municipal Tax Act classifies commercial grain elevators es an industrial Luse; And whereas this classification has resulted 117 significant increases in property taxes for comniemial grain elevator operators, resulting in higher costs to grain fanners and the foss of local businesses and jobs; And whereas the 2002 Beaubien Report on Property Assessment and Classification Review recommended that grain elevators be removed from the industr-ial property class and included in the commercial class because they do not manufacture, produce or process anything; Be it hereby resolved that the Council of the County of Brant supports the requests from the Ontario Agri 'Business Association and the Grain Femurs of Ontario to the Minister of Finance and the Minister ofAgr7cultr.dra, Food and Rural Affairs that Ontari From: Elizabeth VanHooren [elizabeth a@7kettlecreekconservation.on . caj Sent: Thursday, October 13, 2011 2:54 PM To: Mark McDonald Subject: Request for County Support Mark, I hope this e-mail finds you well. The four Elgin Conservation Authorities (Lower Thames, Kettle, Catfish and Lang Paint) are submitting an application to the Trillium Foundation to establish a Clean Water Program for Elgin County. The program would focus on projects that provide benefits to water quality (i.e. well upgrading and decommissioning, septic system upgrades, erosion control etc.). The goal is to offer landowners in the County additional funding to undertake works on their properties that are not currently funded. Some farmers are able to access money through the Environmental Farm Plan but that is rather limited and there are still other rural non -farrn landowners that cannot tap into any funding. The collaborative already has the support of the Elgin Federation of Agriculture. We are hoping that the County would consider supporting our application by providing a letter of support as well. For your convenience I have attached a draft letter for consideration. We are not seeking any financial support from the County at this time, but do feel that a letter of support would be extremely beneficial for a successful application to the Trillium Foundation, Unfortunately, the next Trillium Application deadline is November 15t so we would respectfully ask for Council's consideration at their October 25th meeting as we would be compiling our submission package on October 27t1. Please let me knew if you require any further information or if you feel a presentation to council would be desired. Thank you, Elizabeth VanHooren General Manager /Secretary Treasurer Kettle Creek Conservation Authority Tel: (519) 631 -1270 ext.222 Fax: (519) 631 -5026 50 October 13, 2011 Ontario Trillium Foundation 800 Bay Street, 5th floor Toronto, ON kr15S 3A9 Re: Clean Water Program for Agin County Dear Ontario Trillium Foundation: This letter confirms the County of Elgin's support of the four Elgin Conservation Authorities (CAs) applying to the Ontario Trillium Foundation for the establishment of a Clean Water Program. A Clean Water Program coordinated by the CAs would provide a consistent program focused entirely on improving water quality by engaging landowners. Other programs of this caliber are being delivered in neighbouring counties, but to date Elgin County does not have a coordinated program that focuses on water quality and quantity. Elgin County and its residents would benefit from a county -wide program because it would allow the four CAs to deliver a consistent program across watershed boundaries and leverage partnership and collaboration opportunities. A program focused an clean water would benefit the County and its residents. The County's land base contributes to the surface run -off to Lake Erie, which is the source of drinking water for 100,00C residents, many of whom live or work in the County. In addition, Lake Erie is a vital part of the County's tourism industry. The County supports this proposal and looks forward to continuing to work with the Elgin Conservation Authorities to achieve their mandates_ Please feel free to contact me if you have any further questions. Sincerely, Dave Mennili Warden 51 RIF'r THE CORPORATION OF THE CITY OF ST. THOMAS Corr THE MUNICIPALITY OF CENTRAL ELGIN September 30, 2011 Warden D. MennilJ County of Elgin 450 Sunset Drive, St. Thomas, Clint Dear Warden Mennill SUBJECT : TRAFFIC IMPACT INVESTIGATION : CENTENNIAL AVENUE AREA ;►, { , ! ELGIN ADMINISTRATIVE SEM Recently the City along with Central Elgin have entertained discussions about the possibility of opening some roads of mutual interest in the Centennial Ave area. The roads under consideration include the extension of Wellington Street to Centennial Ave., the connection of Coulter Ave to 'Wellington Street, and a westerly extension of Bodkin Street into the City A5 we consider these works, it seems apparent that the County should be part of the discussions due to the fact that Centennial Ave is a County Road. Our initial thoughts focus on the fact that as these street configurations are considered, a traffic impact study should be implemented to ensure proper consideration is given to the area. Through this letter we are asking that County Council appoint a member to liaise with us in this project and also to direct administration to work with both City and Central Elgin administration as consideration is given to the planning and budgeting for a traffic impact investigation. Thank -you for your attention to this request. We look forward to hearing from you. Yours truly, Mayor Heathe acksora- Chapman City of St. Thomas cc. Mr. VI. Graves, CAO St. Thomas Mr. Donald Leitch, CAO, Central Elgin Mayor Bill Walters Municipality of Central Elgin 52 BT IT SCHOOL BOARD Bill Tucker, Director of Education and Secretary 2011 October 04 Mr, Mark McDonald County of Bight 450 Sunset Drive St. Thomas, ON N5RSV1 Dear Mark McDonald Re: RECEIVED OCT 1 1 2011 COUNTY of ELGIN ADMI TRATIVE SERVICES Disposition of Property by Thames Valley District School Board (the "Board') — Central Education Centre South, Central Elgin, ON A$ your records may indicate, approximately three years ago the Board wrote to advise you that it had declared the property (the "Property ") known as Central Education Centre South and located at 400 Sunset Drive, Central Elgin, ON N5R 3C8 (a legal description of which is attached hereto as Schedule "A"), as surplus to its needs and intended on disposing of same. Such disposition has not occurred. The disposition of real property by a school board is governed, in part, by Regulation 444!98 (the "Regulation"), promulgated under the Ea'uteriiomr 4c.r (Ontario), The Board continues to intend to dispose of the Property and, in accordance with section 13 of the R.egrrlation, is providing you with notice of same. In the event you have an Interest in acquiring the Property, we strongly recommend that you familiarize yourself with the Regulation. Please note that one of the rnvst significant aspects of the Regulation is that the Board is required to dispose of the Property at its fair market value ( "F11 "). To assist the Board in arriving at its determination of'the FMV of the Property, the Board has: (a) retained a planner to advise as to die Property's highest and best use, taking into account the reasonable likelihood of the Property being rezoned for such use; and, (b) retained the services of an appraiser (who is a member of the Appraisal Institute of Canada) to complete an appraisal cf the PMV of the Property based on welt planner's advice and other relevant information concerning the Property. [Note to draft: Confirm that both a planner and an appraiser have been retained, as this may not always be the case.] Should you wish to submit an offer for the Property, please forward same to our legal counsel, as follows: Harrison Pcnsa LLP, Attn: Mr. Scott Spindler, 450 Talbot Street, London, Ontario, N6A 5J6. Please know that, unless the Board disposes of the Property pursuant to an offer received during the ninety (90) day period following the date of this letter and otherwise in accordance with the terms of the Regulation, the Board shall be entitled to proceed with the disposition of the Property on the open market. Should you have any questions regarding the Property, we would ask that you forward same to our legal counsel at the address specified shove. Please refrain from contacting any Board personnel directly, unless and until the Board initiates communications with you, Thames Valley District School Board - Facility Services 951 Leathorne Slrael, Landon, Ontario N5Z 3M7 wshsite: www.l'dsb.on.co 4 ?airy_ .2e,5169. family arf Sincerely, THAMES VALLEY DISTRICT SCHOOL BOARD Per: et,$)E46,..tit 6_erL KEVIN BUSHELL Executive Officer, Facility Services and Capital Planning K.13/ams Attach, 54 SCHEDULE A LEGAL DESCRIPTION OF PROPERTY [400 Sunset Drive, Central Elgin, ON Part Lot 3, Concession 6 (geographic Township of Yarmouth), as in Instr. YM -335 10. Municipality of Central Agin. County of Elgin, Ontario PtN 351530445 55 61S.RIE7 3 HOCK o6AR Bill Tucker, Director of Education and Secretory 2011 October 04 Mr, Mark McDonaid County of Elgin 450 Sunset Drive St. Thomas, ON N5R 5V1 Dear Mark McDonald: Re: Disposition of Property by Thaines Valley District School I3oau11 (the "Board ") — tt.iidale Public Schaal, St. Thomnas. ON As your records may indicate, approximately three years ago the Board wrote to advise you that it had declared the property (the "Property ") known as Elmdale Public School and located at 25 Elm Street, St. Thomas, ON N5R 1115 (a legal description of which is attached hereto as Schedule "A "), as surplus to its needs and intended on disposing of same, Such disposition has not occurred. The disposition of real property by a school board is governed, in part, by Regulation 444/95 (the "Regulation "), promulgated under the Education Act (Ontario). The 13oard continues to intend to dispose of the Property and, in accordance with section 13 of the Regulation, is providing you with notice of same. In the event you have an interest in acquiring the Property, we strongly recommend that you familiarize yourself with the Regulation. Please note that one of the most significant aspects of the Regulation is that the Board is required to dispose of the Property at its fair market value ("FMV"). To assist the Board in arriving at its determination of the FMV of the Property, the Board has: (a) retained a planner to advise as to the Property's highest and best use, taking into account the reasonable likelihood of the Property being retorted for such use; and, (b) retained the services of an appraiser (who is a member of the Appraisal Institute of Canada) to complete an appraisal of the FMV of the Property based on such planner's advice and other relevant information concerning the Property. ]Note to draft: Confirm that both a planner and an appraiser have been retained, as this may not always be the ease.] Should you wish to submit an offer for the Property, please forward same to our legal counsel, as follows; Harrison Pensa LL P, Attn: Mr, Scott Spindler, 45D Talbot Street, London, Ontario, 16A 5J6. Please know that, unless the Board disposes of the Property pursuant to an offer received during the ninety (90) day period following the date of this letter and otherwise in accordance with the terms of the Regulation, the Board shall be entitled to proceed with the disposition of the Property on the open market. Should you have any questions regarding the Property, we would ask that you forward same to our legal counsel at the address specified above. Please refrain from contacting any Board personnel directly, unless and until the Board initiates communications with you. Thames Valley District School Board - Facility Services 951 Lecihi me Strati!, Larrdon, ()Norio N5Z 3147 wefisiie: www.tvdsb.on.to e. . eaVenfoi Sincerely, THAMES VALLEY DISTRICT SCHOOL BOARD Per: att,do, &fx. K_B /ains Attach. KEVIN BUSHELL Executive Officer, Facility Services and Capital Planning 57 SCHEDULE A LEGAL DESCRIPTION OF PROPERTY 15 Elm Street, St. Thomas, ON Part of Lots 22 -30, 32 -3S n registered Plan 207, save and except Parts 4 and 6 on Reference Plan 11 R -5612, and part of lot 31 on Registered Plan 207, as in STF67390, save and except Part 5 0n Reference Plan 11R-5612, City of St, Thomas, County of Elgin PIN 35235 -043 58 201 I October 44 Mr. Mark McDoii a l d County of Elgin 450 Sunset Drive St. Thomas, ON N5R 5V Dear Mark McDonald: Bill Tucker, Director of Education and Secretary Re: Disposition of Property by, Thames Valle District School Board (the "Board") — Wade Street Public School, St. Thomas. ON A5 your records may indicate, approximately three years ago the Board wrote to advise you that it had declared the property (the "Property") known as Myrtle Street Public School and located at 43 Myrtle Street, St. Thomas, ON N5R 2E6 (a legal description of which is attached hereto as Schedule "A "), as surplus to its needs and intended on disposing of same. Such disposition has not occurred. The disposition of real property by a school board is governed, in part, by Regulation 444/98 (the "Regulation "), promulgated under the Education Act (Ontario). The Board continues to intend to dispose of the Property and in accordance with section I of the Regulation, is providing you with notice of same. In the event you have an interest in acquiring the Property, we strongly recommend that you familiarize yourself with the Regulation. Please note that one of the most significant aspects of the Regulation is that the Board is required to dispose of the Property at its fair market value ( "FMV"). To assist the Board in arriving at its determination of the FMV of the Property, the Board has: (a) retained a planner to advise as to the Property's highest and best use, taking into account the reasonable likelihood of the Property being rezoned for such use; and, (b) retained the services cf an appraiser (who is a member of the Appraisal Institute of Canada) to complete an appraisal of the FMV ate Property based on such planner's advice and other relevant information concerning the Property. !Note to draft: Confirm that both a planner and an appraiser have been retained, as this may not always be the easel Should you wish to submit an offer for the Property, please forward same to our legal counsel, as follows: Harrison Pensa LLP, Attn: Mr. Scott Spindler, 450 Talbot Street, London, Ontario, NGA 5J6,. Please know that, unless the Board disposes of the Property pursuant to an offer received during the ninety (90) day period following the date of this letter and otherwise in accordance with the terms of the Regulation, the Board shall be entitled to proceed with the disposition of the Property on the open market. Should you have any questions regarding the Property, we would ask that you forward same to our legal counsel at the address specified above. Please refrain from contacting any Board personnel directly, unless and until the Board initiates communications with you- Thames Volley District School Board - Facility Services 951 l_eolhorne Street, .10041u, Ontario t15Z 3M7 wabsiie: www.i' dsb.an.sa Sincerely, THAMES VALLEY DISTRICT SCHOOL BOARD Per: Y-r-d-1(yerc-. KEVIN BUSHELL Executive Officer, Facility Services and Capital planning KB /anis Attach. 60 SCHEDULE A LEGAL DESCRIPTION OF PROPERTY 43 Myrtle Street, St. Thomas, ON Firstly: Lots 1, 2, and 6, Block 7, Plan 95, City of St. Thomas (PIN 35219- 0232); Secondly: Lots 1.4, Block 8, Plan 95; City of St. Thomas (PIN 35219 - 0233); Thirdly: Pail of Lit 77, Plan 86, Geographic Township of Yarmouth/Central Elgin as in Instrument E206166, City of St, Thomas (PIN 35219 - 0019); Fourthly: Part of Smith's Avenue, Plan 95 as closed by Instrument ST1-165715 as in E207000, City of St. Thomas (PIN 35219- 0036); Fifthly: Lot 5, Block 7, Plan 95 (PIN 35219- 0037); Sixthly: Lot 78, Plan 86, C,eographicTownship of Yarmouth /Central Elgin (PIN 35219-0035 (R) — remains in Registry because of title issues 61 2011 October 04 Mr. Mark McDonald County of Elgin 450 Sunset Drive St. Thomas, ON N5R5V1 Dear Mark McDonald: Bill Tucker, Director of Education out Secretory Re: Disposition of Property by Thames Valley District School Board (the "Board") — Scott Street Public School, St. Thomas, ON As your records may indicate, approximately three years ago the Board wrote to advise you that it had declared the property (the "Property ") known as Scott Street Public School and located at 50 Scott Street, St Thomas, ON N5P 11(6 (a legal description of which is attached hereto as Schedule "A °'), as surplus to its needs and intended on disposing of same_ Such disposition has not occurred. The disposition of real property by a school hoard is governed, in part, by Regulation 444198 (the "Regulation "), promulgated under the Education Act (Ontario), The Board continues to intend to dispose of the Property attd, in accordance with section 13 of the Regulation, is providing you with notice of same. In the event you have an interest in acquiring the Property, we strongly recommend that you familiarize yourself with the Regulation. Please note that one of the most significant aspects of the Regulation is that the Board is required to dispose of the Property at its fair market value ( "F11'11V "). To assist the Board in arriving at its determination of the FlvfV of the Property, the Board has: (a) retained a planner to advise as to the Property's highest and best use, taking into account the reasonable likelihood of the Property being rezoned for such use; and, (b) retained the services of an appraiser (who is a member of the Appraisal Institute of Canada) to complete an appraisal of the P1vlV of the Property based on such planner's advice and other relevant information concerning the Property. [Note to draft: Confirm that both a planner and an appraiser have been retained, as this may not always be the case.] Should you wish to submit an offer for the Property, please forward same to our legal counsel, as follows: Harrison Pensa LLP, Attn: Mr. Scott Spindler, 454 Talbot Street, London, Ontario, N6A 5,16. Please know that, unless the Board disposes of the Property pursuant to an offer received during the ninety (90) day period following the date of this Letter and otherwise in accordance with the terms of the Regulation, the Board shall be entitled to proceed with the disposition of the Property on the open market. Should you have any questions regarding the Property, we would ask that you forward same to our legal counsel at the address specified above. Please refrain from contacting any Board personnel directly, unless and until the Board initiates communications with you Thames Valley District School Board - Facility Services 951 I.ealharne Street, Landon, Criteria N513M7 website: www,tvdsh.orM.co Sincerely, THAMES VALLEY DISTRICT SCHOOL BOARD Per G KB /ants Attach. KEVIN BUSHELL Executive Officer, Facility Services and Capital Planning 63 SCHEDULE A LEGAL DESCRIPTION OF PROPERTY 50 Scott Street, St Thomas, ON Lot I, North Side of Lawrence Street; Lots 1, 2 and 3 and Part of Lot 4, South Side of Scott Street, Plan 37; and Part of Lots 11, 12, 13 and 14, North Side of Curtis Street, Plan 15, as iii Instrument STH8243, STH8244, STH338]2, STI433813, STH33814, STf165803, STI-174591, ST1-174898, ST1 -176310, El 52850, El 82914 and El 85140, City of St Thomas, County of Elgin PIN 35173 -0013 64 gat: southwest i,o economic alliance 00 o One Strong Voice for Southwestern Ontario Board o` Directors 2011 -2012 Dan Mathiosan, Chair Mayor of Stratford Kristina Verner, Vice Chair Centre for Smart Community Innovation University of Windsor Don McKay, Treasurer Warden, County of Oxford, Mayor, East air ra- Tavistock Ron Gaudet, Secretary President, Windsor -Essex Development Corporation Dan Gleruszak. Transformation Services Group John Grace Deputy Mayor Town of Godericr Randy Hope Mayor of Gha tha m Kent Jim Maudsley, Mayor, Thames Centre Don Nlumford VP. General Manager 'A' Channel Londonlindsor Peter Whlte President, London Economic Development Corporatior. Serge Lavoie President, SWEA October 19, 2011 Mayor and Council! As you may be aware, the Southwest Economic Alliance (SWEA) has called on the province to create an economic development fund specifically for Southwestern Ontario. During the recent provincial election campaign, the Liberal Party adapted this recommendation in its platform. Criven the very close outcome of the election, SWEA wants to ensure a timely implementation by requesting the support of your council through the ratification of a broadly worded resolution similar in approach to this suggested version: "That Elgin County Council supports the recommendation of the Southwest Economic Alliance calling on the provincial goverment to create a multi -year economic development fund specifically for Soutliwestern Ontario in its next budget." It is SWEA's intention to consult its partners broadly in the drafting of any future recommendations regarding the design and implementation of the final program. We trust that we can count on the support of your council_ Respectfully, SOUTHWEST ECONOMIC ALLIANCE Dan Math Eeson, chair c/o 95 Metcalfe Street, St. Thomas, Ontario N5R 31<6 Phone 51O-859-7763 65 ELGIN 5T.THOCIAA5 PUBLIC HEALTH October 13, 2011 Mark McDonald Chief Administrative Officer The Corporation of the County of Elgin 450 Sunset Drive St. Thomas, ON N5I=Z 5111 Dear Mark: RECEIVED OCT 1 J .O11 cowry OF ELGIN ADMINISTRATIVE SERVICES Re: THE CORPORATION OF COUNTY OF ELGIN LEASE WITH THE ELGIN ST, THOMAS HEALTH UNIT (ESTHU) The Board of Health continues the process of reviewing its future facility needs and options. In order to facilitate that process, we are writing to request an extension of our current lease on the following terms and conditions: 1. Extension of the term to December 31, 2013 with a clause providing for the termination of the lease upon ESTHU giving 120 days written notice to the County; 2. The County granting to ESTHU a right of first refusal to the purchase of the leased premises, with the purchase price to be based on the fair market value of the Property, with fair market value to be determined by an appraisal completed at the time of the exercise of the right; 3. The lease will remain as a double net lease; 4. The rental payments will remain at the same rate through until December 31, 2013; and 5. All other terms and conditions of the lease to remain the same. We look forward to hearing from you once you obtain direction from County Council in this regard. Sincerely, Bill Walters, Chair Board of Health Cynthia St_ John Executive Director Elgin St, Thomas Piibi°{ Health 99 Edward Street, 5t. Thomas, ON N!P 1Y8 Toll Free 1- 800 -922 -0095 Tel: 519-631-95t00 Fax:519- 631.6468 Voicer7a II: 519- 631 -3159 rww.elginh (tIton.ca CORRESPONDENCE — October 25, 2011 Items for Information fConsentAcienda) - (Attached) 1. Bill Tucker, Director of Education, Thames Valley District School Board, providing a copy of the Thames Valley District School Board's 2010 -2011 Report to the Community. (a copy of the report is available for viewing in Administrative Services or online at www.tvdsb.on.ca) Melanie Knapp, Administrative Clerk, City of St. Thomas, with letter of support re: St. Thomas Elgin General Hospital President and C.E.O. appointment. 3. Letters of support re: Highway 3 By -Pass Traffic Assessment Study from: • Donna Either, CAO /Clerk, Township of Soulhwold; • Melanie Knapp, Administrative Clerk. City of St. Thomas; • Dianne Wilson, Deputy Clerk, Municipality of Central Elgin. 67 RECEIVED 2011 September 30 Dear Community Partner: OCT 05 2I11 COUNTY OF ELM Bill Tucker, Director of Education and Secretary ADMIN1 TRA' We are pleased to provide you with the Thames Valley District School Board's 2010 -2011 Report to the Community. It is our pleasure to highlight the many outstanding initiatives our students and staff have been involved with during the past year. Student Achievement is the key focus at the Thames Valley District School Board. It is my hope that this report will provide you with a clear understanding of the Board's system goal, priorities, accomplishments, capital initiatives, and many other exciting programs that support student learning. We have also featured many initiatives that support parent and community engagement. One example of this is The Pledge which you will be hearing more about in the weeks leading up to Bullying Awareness and Prevention week which starts November 14, 2011. The report is also available online at www.tvdsb.on.ca Please contact our offices at 519- 452 -2000, ext. 20222 or ext. 20219 to provide us with feedback that you may have. • Sincerely, \ (j4 ee, Bill Tucker Director of Education 'tl encl. Tracy Grant Chairperson Thames Volley District School Board - Office of the Director of Education 1250 Dodos Street, P.1. Box 5899, Landon, Ontario N6A 5L1 Tel: 15191 452 -2000 Exr, 20222 Fax; (519) 452 -2396 websiie: www.tudsb.an.ta :v49 ea r aw meefac Wendell Graves CAOJCIerk Richard J. Beachey Deputy City Clerk RIF C l fRLk ]k.Y'r IlY4' II'7T 11: :l Y1 1L1 ST. THOMAS n_ EC E WED ay 5 WI CCM' Cl.ali+l� ADMINISTRATIVE SEAM xi z2 f thity Ha l St. Thomas, ON N5P 3V7 Phone: (519) 631 -1680 Ext. 4122 Fax: (519) 633 -9019 545 Talbot Street . P.D. Box 520. City Hall . St Thomas . Ontario N5P 3V7 BY FAX AND BY MAIL October 4th, 2011 St. Thomas Elgin General Hospital Board of Governors Attn: Mr. Bruce Babcock, Chairman 189 Elm Street St. Thomas, ON N5R 5C4 Re: County of Elgin - St. Thomas Elgin General Hospital President and C.E.O. Appointment Dear Mr. Babcock: Please be advised that the Council of thc Corporation of the City of St. Thomas passed the following resolution on October 3rd, 2011: "THAT: City Council, on behalf of the residents of St. Thomas, receive, acknowledge and support the September 27, 2011 motion of the County of Elgin relating to the St. Thomas Elgin General Hospital; and further, THAT: City Council request the Board of Governors of the St. Thomas Elgin General Hospital to put the interest of the community's donors first, ahead of an extended appointment of the Hospital's G.E.O., in efforts to garnish their maximum financial support and contribution towards this exciting project.' Should you have any questions, please contact Wendell Graves, CAO /Clerk at (519) 631- 1680 ext. 4120. Sincerely, 1 Melanie Knapp Administrative Clerk GC Dave Mennill, Warden, County of Elgin 69 TOWNSHIP OF SQLTHlWOLU OFFICE OF THE CLERK RECEIVED OCT 1 2011 Hon. Kathleen Wynne COUNTY OF ELGIN Minister of Transportation ADM NISTRATIVE SERVICES Queen's Park /Minister's Office 77 Wellesley Street West Ferguson Block, 3`6 Floor Toronto, ON MIA 1Z6 Dear Minister Wynne: 35663 Fingal Line Fingal, ON NOL LKO Phone: (5t 9) 769 -2010 Fax. (5i9) 769.2837 Email: rur>! rr 'thim.sasrfhi+�vlr1,n�►.�'rl October 12, 2011 COPY Re: Hwy. 3 Bypass Traffic Study ° Request for Traffic Assessment Study Please be advised that the Council of the Corporation of the Township of Southwold at its regular Council meeting on Tuesday, October 11, 2011 passed the following resolution: 2011-320 Hwy, 3 By -pass Traffic Study THAT Council of the Township of Southwold hereby support the resolution passed by Elgin County Council at its September 13, 2011 meeting regarding Highway 3 By -Pass Traffic Assessment Study; AND THAT a copy of this resolution showing support be forwarded to the Minister of Transportation and County of Elgin. CARRIED Please see the attached copy of the Resolution of Elgin County dated September 13, 2011. Thank you. Yours truly Donna Ethier GAO/Clerk /lc Enclosure Copy: County of Elgin, Susan McDonnell, Administrative Services Coordinator Scott Woolley, Roads Supervisor 70 Elgin County Office of the Warden September 27, 2011 Hon. Kathleen Wynne, Minister of Transportation Queen's Parkfll infster's Office 77 Wellesley Street, W. Ferguson Block, 3`d Floor Toronto, ON I'vl7A 128 Dear Minister Wyn n e: Re: Highway 3 BY-Pass — Request for Traffic Assessrnent Study COPY Please be advised that Elgin County Council passed the following resolution at its September 13, 2011 meeting: "THAT Elgin County Council endorse the proposal put forward by the affected municipalities and that a formal request be made of the Ontario Minister of Transportation to carry out a traffic assessment study on the portion of Highway 3 extending from Highway 4 in the west to Hacienda Road in the east as soon as possible; and, THAT such a request be made as a resolution of Council and that all affected municipalities be copied and requested to pass similar resolutions which can be submitted jointly to the Minister of Transportation for Ontario. - Carried. (signed) Warden Dave MenniII" Minister, as the plans for the Highway 3 by -pass have been in place for about 5C years, there is agreement that action should be taken by the Ministry of Transportation to 7,1 ....2 Cflunty o} Elgin Administrative Services 45fl Sunset Drlra SL Thomas, On II5R 5Vi Phone_ 51Y- Cv31.1480 mm_alg-n-nauntyAn.ca Progressive by Nature Hon. Kathleen Wynne - 2- September 27r 2011 proceed or abandon these plans. We believe that a'traffic assessment study" will help in arriving at a decision. Your truly, Dave Menn]IC Warden. cc CAO's City of St. Thomas Town of Aylmer Township of Malahide Tewnship of Southwolcl Municipality of Central Elgin Steve Evans, Manager of Planning Clayton VVatters, Director of Engineering Services 72 Wendell Graves CACtClerk Richard J. Beachey Deputy City Clerk 41# ip 4 FIJI! L c ;NMI!, PS 4 i =-I I I I ..I . 1 1 ST THOMAS Office of the Clerk P.O. Box 620, City Hall St. Thomas, ON N5P 3V7 Phone; (519) 631 -1680 Ext. 4122 Fax (519) 633 -9019 545 Talbot Street . P.O. Box 520. City Hall. St. Thomas . Ontario N5P 3V7 October 14th, 2011 Hon. Kathleen Wynne Minister o f Transportation Queen's Park/Minister's Office 77 Wellesley Street W. Ferguson Block, 3rd Fool- Toronto, ON v17 L 118 RECEIVED OCT 1 3 ?O11 COUNTY OF ELGIN ADMINISTRATIVE SERVICES 1[: 1twav 3 By -Pass Traffic Assessment Study - Resolution Dear Minister Wynne: Please be advised that the Council of the Corporation of the City cf St, Thomas passed the following resolution on October 11th, 2011: "THAT: Council support the resolution from the County of Elgin regarding a traffic assessment study of the proposed 1-lighway 3 by -pass; and further, THAT: A copy of the resolution be forwarded to the Minister of Transportation," Should you have any questions, please contact myself at the number above. Sincerely, Inarkillar)APP Melanie Knapp Administrative Clerk Clc S McConnell, County of Elgin 73 The Corporation of the Municipality of Central Elgin Dave Mennill Warden County of Elgin 450 Sunset Drive St. Thames, ON NSR 5V1 Dear VVarden Mennill: 450 5unset Drive,. 1st Fldor,5t,Thomas,Orttarlo i15R5V1 P :519.631.4960 F: 519..631.406 Re: Highway 3 — Traffic Assessment Study October 141h, 2011 RED OCT 1 9 21111 COUNTY OF ELGIN ADMIN1ST1 AT1VE SERVICES Please be advised that Council d scussed your correspondence respecting the above noted matter at their meeting dated N'.onday, 0cteber 11th, 2011 and the following resolution was passed: THAT: The Council of the Corporation of the Municipality cf Central Elgin endorse correspondence received from the County of Elgin dated September 27`h, 201' respecting Highway 3 By -Pas — Request far Traffic Assessment Study. CARRIED, Please feel free to contact rrte at the municipal office should you have any questions regarding this matter. Yours truly, y f� Dianne Wilson Depu ty C Ierk • COUNTY OF ELGIN By -Law No. 11 -24 "BEING A BY- LAW TO REAPPOINT JGM CONSULTING AS THE INVESTIGATOR PURSUANT TO SECTIONS 8, 9, 10 AND 239.1 OF THE MUNICIPAL ACT, 2001, S.O. 2001, C.25, AS AMENDED AND TO AMEND BY -LAW NO. 09 -31" WHEREAS effective January 1, 2008, pursuant to Section 239.1 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, a person may request an investigation of whether a municipality or local board has complied with Section 239 of the Municipal Act, 2001 as amended, or a procedural by -law under subsection 238 (2) in respect of a meeting or part of a meeting that was closed to the public: and WHEREAS by By -Law No. 07 -38 Council did appoint JGM Consulting as the Investigator to investigate all requests on behalf of the Municipality and its Local Boards for a one year term commencing January 1, 2008: and WHEREAS Council deemed it advisable to reappoint JGM Consulting as the Investigator for an additional one year term commencing January 1, 2009 under certain terms and conditions through amending By -Law No. 08 -30: and WHEREAS Council had deemed it advisable to reappoint JGM Consulting as the Investigator for a further two years according to the same terms and conditions as agreed to in amending By -Law No. 08 -30, through the passage of By -Law 09 -31: and NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin hereby enacts as follows: 1. THAT JGM Consulting is hereby reappointed as the independent Investigator to investigate in accordance with the legislation all requests for an investigation of the Council and committees of the Municipality and the local boards and their committees of the Municipality for an additional four -year term commencing January 1, 2012. 2. THAT Schedule "B ", as amended by By -Law No. 08 -30 and further amended by By -Law No. 09 -31, be further amended by By -Law 11 -24 be approved. 3. THAT this By -Law shall come into force and take effect on January 1, 2012. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 25TH DAY OF OCTOBER 2011. Mark G. McDonald, Chief Administrative Officer. 75 Dave Mennill, Warden. SCHEDULE "A" By -Law No's. 07 -38, 08 -30, 09 -31, 11 -24 COMPLAINT FORM MUNICIPAL INVESTIGATION IN ACCORDANCE WITH Section 239 of the Municipal Act 2001 (As Amended) A FEE OF 525.00 MUST ACCOMPANY THIS FORM PRIOR TO BEING PROCESSED. PLEASE FORWARD COMPLETED FORMS TO: John Maddox JGM CONSULTING #42 — 99 Edgevalley Road London, Ontario N5Y 5N1 76 COMPLAINT FORM FOR MUNICIPAL INVESTIGATION Section 239 — Municipal Act 2001 (As Amended) COMPLAINANT `S NAME ADDRESS TELEPHONE HOME WORK E -MAIL CAN YOUR IDENTITY BE REVEALED DURING THE INVESTIGATION? YES [ ] NO [ ] • PERSONAL INFORMATION IS COLLECTED UNDER THE AUTHORITY OF SECTION 239 OF THE _MUNICIPAL ACT 2001 (AS AMENDED) AND WILL BE USED BY THE MUNICIPAL INVESTIGATOR TO CARRY OUT AN INVESTIGATION UNDER THE ACT. NAME OF MUNICIPALITY DATE OF CLOSED MEETING MUNICIPAL CONTACT NAME TELEPHONE BACKGROUND This should provide as much information as is required to explain the nature and background of the particular occurrence. (i.e.) Timing; Municipal Contact; Municipal Explanation. ACTION 1 Activities that the complainant has undertaken to resolve the matter. SUMMARY / COMMENTS 77 Date of signature 78 Signature of Complainant SCHEDULE "B" By -Law No. 11 -24 RENEWAL AGREEMENT FOR MUNICIPAL INVESTIGATOR THIS AGREEMENT made as of the 1st day of January., 2012. BETWEEN: CORPORATION OF THE (Hereinafter referred to as the "Municipality ") OF THE FIRST PART AND: JGM CONSULTING (Hereinafter referred to as the "Independent Contractor ") OF THE SECOND PART WHEREAS: (A) Section 239.2 of the Municipal Act, 2001, S.O. 2001, c.25 (the "Act'), when proclaimed in force, authorizes municipalities to appoint an investigator to investigate in an independent manner any complaint as to whether the Municipality has complied with the Act or a Municipal procedural by -law in respect of a meeting or part of a meeting that was closed to the public and to report on the investigation; (B) In appointing an investigator and in assigning powers and duties to him, a municipality is to have regard to, among other things: i) the investigators independence and impartiality; ii) confidentiality with respect to the investigator's activities; iii) the credibility of the investigator's investigative process; (C) The Municipality is satisfied that the Independent Contractor has the skills and ability to meet the foregoing criteria. NOW THEREFORE the parties agree as follows: 1. Services — The Municipality hereby retains and appoints the Independent Contractor as an Investigator for the purposes of Section 239.2(1) of the Act and the Independent Contractor agrees to provide such services for and at the request of the Municipality and accepts such appointment. The Independent Contractor confirms that services under this agreement will be carried out by John G. Maddox except as otherwise delegated by John G. Maddox. 2. Duties — The duties of the Independent Contractor shall be: i) to conduct investigations from time to time as requested by the Municipality upon receipt of a complaint ("Complaint') in respect of meetings or part of meetings that are closed to the public to determine compliance with the Act or the Municipal procedural by -law and to report on the results of such investigations;. ii) in conducting such investigations, to have regard to the importance of the matters listed above in recital (B); iii) to proceed without undue delay and with due diligence to investigate a Complaint; iv) to conduct each investigation in private; v) to hear or obtain information from such persons as the Independent Contractor thinks fit and to make such inquiries as he thinks fit; vi) to provide an opportunity to the Municipality or any person that may be adversely affected by a proposed report of the Independent Contractor, the opportunity to make representations respecting such report or recommendation; 79 vii) to preserve confidentiality and secrecy with respect to all matters that come to his knowledge in the course of performing duties hereunder, save and except disclosure of such matters as in the Independent Contractor's opinion ought to be disclosed in order to establish grounds for his conclusions and recommendations; viii) after making an investigation, to render his opinion as to whether or not the meeting or part of the meeting that was the subject matter of the investigation appears to have been closed to the public contrary to the Act or Municipal procedural by -law and, in either case, the Investigator shall report his opinion and the reasons for it to the Municipality and shall make such recommendations as he thinks fit. In performing such duties, the Independent Contractor shall have the powers set out in Subsection 223.13(6) and Sections 223.14 to 223.18 of the Act, copies of which are attached hereto as Appendix "A ". 3. Joint Retainer — The Independent Contractor acknowledges that the Independent Contractor is appointed as an Investigator for each of the participating member municipalities within the County of Elgin ( "Included Municipalities "), as shown on Appendix "B" to this Agreement, together with payment of the Additional Fee defined below. Each Included Municipality shall enter into separate agreements with the Independent Contractor. 4. Fees a) Annual Retainer — The Municipality shall pay to the Independent Contractor on or before the commencement date ONE THOUSAND DOLLARS ($1,000.00) plus applicable taxes. In order to add the Included Municipalities to the duties of the Independent Contractor, an additional fee of THREE HUNDRED ($300.00) for each Included Municipality shall be paid by the County of Elgin. b) Hourly Rate — In addition, the Independent Contractor shall be paid a fee of ONE HUNDRED DOLLARS ($100.00) per hour plus applicable taxes during such time the Independent Contractor is performing his duties hereunder. The Independent Contractor agrees such rate shall be charged only for such time that the Independent Contractor is actively investigating a Complaint and preparing and presenting his report with respect thereto. The Independent Contractor shall not charge for travel time. The Independent Contractor is entitled to be reimbursed for other reasonable receipted expenses related to his duties, including food and hotel costs, car rental, kilometre rate at the respective municipal rate or railway tickets. c) Responsibility for Payment — The Independent Contractor further covenants and agrees that his hourly fee and related expenses hereunder shall be paid by the Municipality against whom the Complaint is made and which initiated the investigation. The Municipality agrees to be responsible for such fees and expenses and, notwithstanding the joint retainer, the Independent Contractor shall not hold the other Included Municipalities responsible for such payment obligation. The Independent Contractor shall invoice the applicable Municipality upon completion of his report. 5. Term — The term of this Agreement ("Term ") is for a four (4) year term commencing the effective date of the execution of this Agreement and ending on the first anniversary date thereof unless renewed and /or extended by agreement of all parties. The Independent Contractor or the Municipality shall give at least thirty (30) days written notice prior to the end of each year during the Term of its intent not to continue this Agreement for the balance of the Term. 6. Taxes — All amounts payable to the Independent Contractor shall be paid without deduction. The Independent Contractor shall be responsible for any contributions imposed or required under employment insurance, health tax, social insurance, income tax law, Worker's Compensation (if elected to enrol), pension with respect to any amounts paid to the Independent Contractor. The Municipality assumes no obligation or liability as between the parties to this 80 Agreement to deduct or remit any statutory or government remittances. 7 Independent Contractor — The Independent Contractor is a contractor independent of the Municipality. Nothing herein shall be interpreted to create a relationship of employer /employee, partnership, franchise, agency or joint venture or other like arrangement. 8. Delegation — In the event more than one Complaint is made at any one time requiring more than one investigation, the Independent Contractor may determine that it is necessary to delegate some or all of his powers and duties, then he may do so in writing to any person other than a member of council, provided that the person to whom such delegation is made agrees in writing to be governed by the same duties of secrecy as the Independent Contractor and to abide by the terms and conditions of this Agreement. Such person shall always be under the supervision and direction of the Independent Contractor. Such delegation shall not be to a member of council or staff of any Municipality and shall not result in any additional costs or fees to the Municipality. Invoices shall be rendered by the Independent Contractor and payment made to the Independent Contractor and the Independent Contractor shall otherwise be responsible for the fees and disbursements of any of his delegates. 9. Binding — This Agreement shall inure to the benefit of and bind the parties and their respective heirs, successors and permitted assigns. 10. Indemnification — The Municipality agrees to indemnify and save harmless the Independent Contractor, its agents and assigns, from and against any and all liabilities, losses, suits, claims, demands, damages, expenses, costs (including all legal costs), fines and actions of any kind or nature whatsoever arising out of or in connection with the Independent Contractor's provision of services and carrying out of its duties including, but not limited to, any alleged breach of this agreement, any procedural defect or other breach of relevant statutory provisions. 11. Entire Agreement — This Agreement contains the entire agreement between the parties and supersedes all previous negotiations, understandings and agreements, verbal or written with respect to any matters referred to in this agreement. IN WITNESS HEREOF, each of the parties hereto have set its hand and seal as of this day of , 2011. SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE COUNTY OF ELGIN Warden Chief Administrative Officer The Independent Contractor hereby accepts and agrees to the terms and conditions herein contained. JGM CONSULTING Witness John G. Maddox for JGM Consulting 81 APPENDIX "A" By -Law No's. 07 -38, 08 -30, 09 -31, 11 -24 In performing Investigator duties, the Independent Contractor shall have the powers set out in Subsection 223.13(6) and Sections 223.14 to 223.18 of the Act, as follows: Ombudsman Powers paramount 223.13(6) The powers conferred on the Ombudsman under this Part may be exercised despite any provision in any Act to the effect that any such decision, recommendation, act or omission is final, or that no appeal lies in respect of them, or that no proceeding or decision of the person or organization whose decision, recommendation, act or omission it is shall be challenged, reviewed, quashed or called in question. Investigation 223.14 (1) Every investigation by the Ombudsman shall be conducted in private. Opportunity to make representations (2) The Ombudsman may hear or obtain information from such persons as he or she thinks fit, and may make such inquiries as he or she thinks fit and it is not necessary for the Ombudsman to hold any hearing and no person is entitled as of right to be heard by the Ombudsman, but if at any time during the course of an investigation it appears to the Ombudsman that there may be sufficient grounds for him or her to make any report or recommendation that may adversely affect the municipality, a local board, a municipally - controlled corporation or any other person, the Ombudsman shall give him, her or it an opportunity to make representations respecting the adverse report or recommendation, either personally or by counsel. Application of Ombudsman Act (3) Section 19 of the Ombudsman Act applies to the exercise of powers and the performance of duties by the Ombudsman under this Part. Same (4) For the purposes of subsection (3), references in section 19 of the Ombudsman Act to "any governmental organization ", "the Freedom of Information and Protection of Privacy Act" and "the Public Service of Ontario Act, 2006" are deemed to be references to "the municipality, a local board or a municipally - controlled corporation ", "the Municipal Freedom of Information and Protection of Privacy Act" and "this Act ", respectively. Duty of confidentiality 223.15 (1) Subject to subsection (2), the Ombudsman and every person acting under the instructions of the Ombudsman shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of his or her duties under this Part. Disclosure (2) The Ombudsman may disclose in any report made by him or her under this Part such matters as in the Ombudsman's opinion ought to be disclosed in order to establish grounds for his or her conclusions and recommendations. Section prevails (3) This section prevails over the Municipal Freedom of Information and Protection of Privacy Act. No review, etc. 223.16 No proceeding of the Ombudsman under this Part shall be held bad for want of form, and, except on the ground of lack of jurisdiction, no proceeding or decision of the Ombudsman is liable to be challenged, reviewed, quashed or called in question in any court. 82 Testimony 223.17 (1) The Ombudsman and any person acting under the instructions of the Ombudsman shall not be called to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his or her knowledge in the exercise of his or her functions under this Part. Same (2) Anything said or any information supplied or any document or thing produced by any person in the course of any investigation by or proceedings before the Ombudsman under this Part is privileged in the same manner as if the inquiry or proceedings were proceedings in a court. Effect on other rights, etc. 223.18 The rights, remedies, powers, duties and procedures established under sections 223.13 to 223.17 are in addition to the provisions of any other Act or rule of law under which any remedy or right of appeal or objection is provided for any person, or any procedure is provided for the inquiry into or investigation of any matter, and nothing in this Part limits or affects any such remedy or right of appeal or objection or procedure. 83 10 APPENDIX "B" By -Law No. 11 -24 INCLUDED MUNICIPALITIES The Included Municipalities under this Agreement shall be: The Corporation of the Municipality of Bayham The Corporation of the Municipality of Central Elgin The Corporation of the Municipality of Dutton /Dunwich The Corporation of the Municipality of West Elgin The Corporation of the Town of Aylmer The Corporation of the Township of Malahide The Corporation of the Township of Southwold