Loading...
04 - March 12, 2013 County Council Agenda ORDERS OF THE DAY FOR TUESDAY, MARCH 12, 2013 – 10:00 A.M. ORDER 1st Meeting Called to Order 2nd Adoption of Minutes – February 12, 2013 3rd Disclosure of Pecuniary Interest and the General Nature Thereof 4th Presenting Petitions, Presentations and Delegations DELEGATION: 10:00 a.m. Liz Brown, Executive Director and Diane Storey, Treasurer of Board of Directors, Violence Against Women, Services Elgin County 5th Motion to Move Into “Committee Of The Whole Council” 6th Reports of Council, Outside Boards and Staff 7th Council Correspondence 1) Items for Consideration 2) Items for Information (Consent Agenda) OTHER BUSINESS 8th 1) Statements/Inquiries by Members 2) Notice of Motion 3) Matters of Urgency 9th Closed Meeting Items - None 10th Recess 11th Motion to Rise and Report 12th Motion to Adopt Recommendations from the Committee Of The Whole 13th Consideration of By-Laws 14th ADJOURNMENT LUNCH WILL BE PROVIDED NOTICE: Deputy Warden for March - Councillor Jenkins Deputy Warden for April - Councillor Mennill March 26, 2013 9:00 a.m. - County Council Meeting April 9, 2013 9:00 a.m. - County Council Meeting April 14, 2013 4:00 p.m. - 2013 Mayor’s Charity Hockey Challenge Timken Centre th June 27, 2013 5 Annual Warden’s Charity Golf Tournament - St. Thomas Golf & Country Club November 15, 2013 2013 Warden’s Banquet - Dutton-Dunwich Community Centre 1 Draft COUNTY COUNCIL MINUTES Tuesday, February 12, 2013 The Elgin County Council met this day at the Administration Building at 9:00 a.m. with all members present except Councillor Ens (vacation). Warden McWilliam in the Chair. ADOPTION OF MINUTES Moved by Councillor Mennill Seconded by Councillor Jenkins THAT the minutes of the meeting held January 22, 2013 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF – None. PRESENTATION Councillor Mennill introduced and provided background of the Joint County and St. Thomas Public Arts Centre exhibition “Parade of Elephants” on display in the Council Chambers. DELEGATION Barbara Arbuckle, Director, St. Thomas-Elgin Ontario Works department and Irma Pedersen, Supervisor, Children’s Services Division, presented a report regarding funding guidelines for Ontario child care service.The director reported that meetings are underway with community partners to help implement the funding. Moved by Councillor Walters Seconded by Councillor Marr THAT the report titled “2013 Ontario Child Care Service Management and Funding Guideline” dated January 28, 2013 be received and filed. - Carried. Moved by Councillor McIntyre Seconded by Councillor Wiehle THAT we do now move into Committee Of The Whole Council. - Carried. Closed Meeting Items Moved by Councillor Walters Seconded by Councillor Couckuyt THAT we do now proceed into closed meeting session in accordance with the Municipal Act to discuss matters under Section 240.2 (d) labour relations or employee negotiations – Labour Relations Matters: Collective Agreement Approval, Service Employees International Union; and, Section 240.2 (b) personal matters about an identifiable individual, including municipal or local board employees – Confidential Nomination Request. The Director of Human Resources presented the report on Collective Agreement Approval, Service Employees International Union. The confidential correspondence was discussed. 2 Motion to Rise and Report Moved by Councillor Wiehle Seconded by Councillor Couckuyt THAT we do now rise and report. - Carried. Moved by Councillor Mennill Seconded by Councillor Walters THAT County Council approve the confidential report titled “Labour Relations Matters – Seeking Approval for New Collective Agreement with Service Employees International Union (SEIU – Homes Employees)” dated February 4, 2013, subject to being ratified, and the recommendations contained therein; and, THAT the necessary by-law be prepared. - Carried. Moved by Councillor McIntyre Seconded by Councillor Marr THAT the Warden on behalf of Elgin County Council be authorized and directed to initiate a committee comprised of the Warden and Councillors Jenkins and Walters to support the nomination of a prominent county representative to the Canadian Agricultural Hall of Fame. REPORTS Library 2012 Food For Fines Campaign – Library Supervisor The supervisor presented the annual report regarding donations made to local Christmas care drives in lieu of fines to the library for overdue items. Moved by Councillor Mennill Seconded by Councillor McIntyre THAT the report titled “Library 2012 Food For Fines Campaign” dated January 18, 2013 be received and filed. - Carried. 2012 Library Usage and Statistics – Library Coordinator The coordinator presented the report regarding usage trends at the 10 library branches in th Elgin County. Councillor Couckuyt noted the Aylmer Library will celebrate its 100 anniversary this year. Councillor McIntyre requested the report be forwarded to the Southwold Library Committee. Moved by Councillor McIntyre Seconded by Councillor Couckuyt THAT the report titled “2012 Library Usage and Statistics” dated January 28, 2013 be received and filed. - Carried. Planning Fees: Proposed Amendments to the County of Elgin Fees and Charges By- Law – Manager of Planning The planner presented the report regarding the establishment of planning fees for the county, in light of the pending approval by the Province of Ontario of the county’s first Official Plan. 3 Moved by Councillor Mennill Seconded by Councillor Marr THAT County Council amend its fees and charges by-law to include planning fees under Planning Act Section 69 of the and that the following fees be approved: Plans of Subdivision $4,000.00 - deposit for appeal $2,000.00 (returnable if no appeal) Extension to draft plan approval $ 500.00 Plans of Condominium $4,000.00 - deposit for appeal $2,000.00 (returnable if no appeal) (no deposit for exemption) County Official Plan Amendment $4,000.00 Local Official Plan Amendment $1,000.00 (municipally - initiated OPA exempt) Part Lot Control Exemption $ 500.00; and, THAT the report titled “Planning Fees: Proposed Amendments to the County of Elgin Fees and Charges By-Law” dated January 17, 2013 be received and filed. - Carried. Council and Outside Boards Remuneration and Expenses: Senior Financial Analyst The analyst presented the annual report regarding the payment of remuneration, mileage and expenses for council and outside boards. Moved by Councillor Jenkins Seconded by Councillor Walters THAT the Treasurer’s Statement of Remuneration and Expenses for County Council for 2012 be received and filed; and, THAT the Treasurer’s Statement for Remuneration and Expenses for Outside Boards for 2012 be received and filed; and, THAT the report titled “Council and Outside Boards Remuneration and Expenses” dated January 24, 2013 be received and filed. - Carried. Awarding Tenders: Fire Sprinklers, Terrace Lodge and Engineering Services for the Largie Bridge Replacement, Dutton/Dunwich – Director of Engineering Services The director presented the report regarding the two projects. Moved by Councillor Mennill Seconded by Councillor Walters THAT the report titled “Awarding Tenders: Fire Sprinklers, Terrace Lodge & Engineering Services for the Largie Bridge Replacement, Dutton/Dunwich” dated January 28, 2013 be received and filed; and, THAT staff award the following tenders as long as the County’s Purchasing Policy is followed, lowest tenders are selected and within budget allocations: Supply and Install Fire Sprinklers for Terrace Lodge, and Largie Bridge Replacement, Dutton/Dunwich; and, THAT staff report back to council with the results at the March 12, 2013 Council meeting. - Carried. Road Maintenance Agreement – Deputy Director of Engineering Services The deputy director presented the agreement that outlines maintenance responsibilities between the County and partner municipalities. 4 Moved by Councillor Walters Seconded by Councillor Wiehle THAT the report titled “Road Maintenance Agreement” dated January 28, 2013 be received and filed; and, THAT the agreement be circulated to municipal councils requesting their adoption of the agreement before April 26, 2013. - Carried. Revisions: Attending Physicians Agreement – Director of Homes and Seniors Services The director presented the report regarding changes in the agreement for attending physicians for the county’s homes for seniors. It was noted the revisions were approved by the county solicitor. Moved by Councillor Jenkins Seconded by Councillor McIntyre THAT Council approve the revisions and direct staff to forward the Attending Physician Agreement to all Homes’ current and future attending physicians; and, THAT the report titled “Revisions: Attending Physicians Agreement” dated January 30, 2013 be received and filed. - Carried. Case Mix Index Results for 2013/2014 – Director of Homes and Seniors Services The director presented the report showing the Case Mix Index results for funding for the Homes by the Ontario Ministry of Health and Long-Term Care. Moved by Councillor Marr Seconded by Councillor Mennill THAT the report titled “Case Mix Index Results for 2013/2014” dated January 29, 2013 be received and filed. - Carried. Accessible Procurement – Accessibility Coordinator The coordinator presented the report outlining processes to be considered in regard to accessibility when procurements are made by the county. Moved by Councillor Mennill Seconded by Councillor Wiehle THAT the attached guide be utilized by staff to ensure accessibility criteria are considered when making purchases under the County’s Procurement Policy; and, THAT the report titled “Accessible Procurement” dated January 23, 2013 and the attached guide be received and filed. - Carried. 2013 Non-Union Compensation: Director of Human Resources The director presented the report regarding a wage increase for non-union staff. 5 Moved by Councillor Marr Seconded by Councillor Jenkins THAT Council approve a non-union economic adjustment of 1.9 per cent effective on the first pay period of 2013; and, THAT the necessary by-law be prepared. - Carried. CORRESPONDENCE Items for Consideration 1. David Marit, Chair, Rural Forum, Federation of Canadian Municipalities, Communique with an update on the Rural Infrastructure Campaign. 2. Mayor John Lessif, Chair, South Central Ontario Region Economic Development Corporation (SCOR EDC) requesting the County of Elgin continue to participate in the discussion on SCOR’s business model. The following recommendation was adopted in regard to Correspondence Item #1: Moved by Councillor Walters Seconded by Councillor Mennill THAT Elgin County Council support the Federation of Canadian Municipalities (FCM) Rural Infrastructure Campaign and forward a letter to the FCM. - Carried. The following recommendation was adopted in regard to Correspondence Item #2: Moved by Councillor Jenkins Seconded by Councillor Walters THAT Councillors Couckuyt and Ens be appointed in an advisory capacity to SCOR in order to participate in the refocus and redefinition of that organization, with the understanding that the County’s position remains unchanged from that which was communicated on January 9, 2013; and, THAT the Warden be authorized and directed to communicate this matter to SCOR’s membership. - Carried. Items for Information (Consent Agenda) 1. Deb Coring, Project Lead, Mental Health Transformation, St. Joseph’s Regional Mental Health Care providing an update on the short term contingency plan for Elgin County mental health services. 2. Invitation to the 2013 Farmland Forum: The Farm Economy and Rural Resilience: Coping with Climate Change and Rising Energy Prices to be held on February 15, 2013. 3. Jeff Yurek, MPP, Elgin-Middlesex-London with a letter of support for the development of a second affordable housing building in the Town of Aylmer. 4. Marianne Campbell, Executive Assistant, St. Thomas Elgin General Hospital (STEGH) with a press release titled “Ambulatory Centre Opens at STEGH February 5, 2013 Improved Services for Patients with Booked Appointments.” 5. Michael Barrett, CEO, South West Local Health Integration Network announcing release of new Three-Year Plan for local health care system. 6 6. Renewable Energy: Wind, Solar and Biogas Public Information Meeting and Workshop to be held on February 28, 2013. 7. Thames Valley District School Board (TVDSB) with an invitation to the official unveiling of TVDSB’s new Mission and Vision to be held on March 4, 2013. 8. Ontario’s South Coast Wineries and Growers Association with notice of Annual General Meeting to be held on March 7, 2013. 9. Dave Warden, Chair, Board of Health, Elgin St. Thomas Public Health with copy of the Elgin St. Thomas Public Health approved 2013 Mandatory Program Budget and Related Services Budget. Moved by Councillor Mennill Seconded by Councillor McIntyre THAT Correspondence Items #1 - 9 be received and filed. - Carried. OTHER BUSINESS Statements/Inquiries by Members The Warden announced that the county was the recipient of an award from the Economic Developers Council of Ontario in recognition of the combined 2012 Savour Elgin/Elgin Arts Trail Guide. The county also received two plaques for “honourable mention” in other categories. He congratulated staff on their work and council for its investment in economic development. Notice of Motion - None Matters of Urgency - None The meeting recessed for 15 minutes. REPORTS Preliminary 2012 Year-End Financials and Closed Project Report – Director of Financial Services The director presented the report. Moved by Councillor McIntyre Seconded by Councillor Couckuyt THAT the completed Capital projects, as presented in the report titled “Preliminary 2012 Year-End Financials and Closed Project Report” dated January 31, 2013 be closed and placed into service; and, THAT the report titled “Preliminary 2012 Year-End Financials and Closed Project Report” dated January 31, 2012 be received and filed. - Carried. Request for Grants – Director of Financial Services The director presented the report recommending grants to community groups. The warden noted that investment by the county in the agricultural sector was acknowledged when Giles Hume, an Elgin agricultural leader, was presented with a Queen’s Golden Jubilee medal by Elgin 4-H, one of the groups sponsored by the county. 7 Moved by Councillor McIntyre Seconded by Councillor Mennill THAT grant items 18, 19 and 20 be deleted from the list ($20,000); and, THAT $5,000 in non-specific grants be added; and, THAT the list of grants as amended be approved; and, THAT the report titled “2013 Request for grants” dated February 5, 2013 be received and filed. - Carried. Councillor Walters was excused from the meeting at 10:45 a.m. 2013 Proposed Budget – Director of Financial Services The director presented the 2013 proposed budget. Moved by Councillor Mennill Seconded by Councillor McIntyre THAT the 2013 Proposed Budget, which includes the Operating Budget, the Capital Budget and Grants, be approved. - Carried Unanimously. Motion to Adopt Recommendations of the Committee of the Whole Moved by Councillor Wiehle Seconded by Councillor Marr THAT we do now adopt recommendations of the Committee Of The Whole. - Carried. BY-LAWS Moved by Councillor Mennill Seconded by Councillor McIntyre THAT By-Law No. 13-04 “Being a By-Law to Provide for the Adoption of the 2013 Budget of the Corporation of the County of Elgin and To Establish the 2013 Tax Ratios, and To Establish the 2013 Tax Rates for the County Constituent Municipalities” be read a first, second and third time and finally passed. - Carried. Moved by Councillor Jenkins Seconded by Councillor Marr THAT By-Law No. 13-05 “Being a By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the February 12, 2013 Meeting” be read a first, second and third time and finally passed. - Carried. 8 ADJOURNMENT Moved by Councillor McIntyre Seconded by Councillor Couckuyt THAT we do now adjourn at 10:55 a.m. and meet again on March 12, 2013 at the County Administration Building Council Chambers at 9:00 a.m. - Carried. Mark McDonald, Cameron McWilliam, Chief Administrative Officer. Warden. 9 REPORTS OF COUNCIL AND STAFF March 12th, 2013 Council Reports – (ATTACHED) Councillor Jim Jenkins – Elgin County Museum 2012 Annual Report Staff Reports – (ATTACHED) Library Coordinator – PowerPoint titled “Intellectual Freedom and the Public Library” Business Development Coordinator – Business Retention and Expansion: Agri-food Sector General Manager of Economic Development – Funding Agreement: Elgin Business Resource Centre Satellite Offices Purchasing Coordinator – Quarterly Information Report – Contract Awards (October 1, 2012 to December 31, 2012) and Direct Negotiation and Expenditures (January 1, 2012 to December 31, 2012) Director of Homes & Seniors Services – Behavioural Supports Ontario (BSO) Long-Term Care Home Staffing Resources – Additional Funding Announcement for Personal Support Worker Director of Homes & Seniors Services – Housekeeping/Laundry Policy – 2.23.1 & 2.23.2 Revisions and Addition Director of Human Resources – Employee Benefits Renewal 2013 Deputy Director of Engineering Services – Silvercreek Solar Farm Agreement Deputy Director of Engineering Services – Asset Management Funding Agreement Director of Engineering Services - Largie Bridge Replacement, Dutton/Dutton and Fire Sprinkler – Terrace Lodge Director of Engineering Services – Thames Valley District School Board – Connection to Elgin Manor Waste Water Treatment Plant Director of Engineering Services – Energy Management Tool Services Agreement – Local Authority Services Director of Engineering Services – Dexter Line – Environmental Study Report and Municipal Class Environmental Assessment Notice of Completion 10 REPORT TO COUNTY COUNCIL FROM: Councillor Jim Jenkins Mike Baker, Elgin County Museum Curator DATE: February 19, 2013 SUBJECT: Elgin County Museum 2012 Annual Report INTRODUCTION: Below is the 2012 annual report of the Elgin County Museum submitted on behalf of County Council’s 2010 representative on the Elgin County Museum Advisory Committee, Councillor Jim Jenkins. DISCUSSION: The committee met four times between January and December, 2012 in fulfilment of the terms of Elgin County By-law No. 05-44. The following are issues and reports brought forward to the committee during this period: Staffing A student joined the staff during the summer under a Young Canada Works grant who undertook a number of collection and exhibition related tasks including integrating the museum’s first numbering system into the database. Museum Partners The Museum Partners contributed to the creation of a list of 1812 sites for use on the Western Corridor Alliance’s Route 1812 website. They also contributed most of the volunteer labour that produced the first series of barn quilts for Elgin County’s portion of the Southwest Ontario Barn Quilt Trails. The shared collections database was upgraded over the summer, creating the capacity to add images of each of the member’s artifact entries. Exhibitions The Noble Experiment: Temperance and Prohibition in Ontario January 14 – May 4 Circulated by the Peterborough Centennial Museum and Archives Today’s LCBO is one result of the passionate fight for and against temperance and prohibition in19th century Ontario. The battle’s colourful characters along with a cast of bootleggers, brewers and bailiffs were all part of this topical show. 11 1812: War on the Lakes January 14 - May 4 Marine art by Peter Rindlisbacher Reproduced and circulated by Canadian Art Cards Cycling in Elgin May 13 – September 1 Included high wheels and equipment from 19th century cycling clubs as well as photos of the region’s early cyclists on club outings. J. T. Findlay: Architect September 17 – December 21 (extended to March 28) A survey featuring the homes and public buildings of early twentieth century architect J. T. Findlay. Included photos of his many now-classic homes and well- known landmarks. In November, the museum also exhibited a full-scale mock-up of the waist gunner emplacement of a Mitchell B-25 bomber. This project was carried out by 31 CER (The Elgins) in conjunction with the Elgin Military Museum. Elgin Manor and other off-site venues A series of hats and shoes were presented in the Manor show cases this year. Circus material was installed in a newly-built portable display case at the Wallacetown Fair in conjunction with the Dutton Branch of the library. The same case, built with funds from the IPM Legacy Fund, displayed coronation souvenirs at the Springfield Library. Programs: The Second Annual Vimy Lecture, held April 7, 2012, was delivered by Sgt. Graham Mould, 31 CER (The Elgins) and Mr. Brett Potter from CANADIGM. The illustrated talk cover the organizations work in recording the intricate carvings left by Canadian soldiers in the caves and tunnels near the front lines of Vimy Ridge. 62 attended. A lecture on J. T. Findlay, jointly-sponsored with the historical society and the local ACO branch was attended by 60 people. Educational Outreach The Museum Assistant visited the County’s long-term care facilities several times with artifacts related to various themes and occasions. The curator spoke to a number of groups. 12 Elgin, Oxford, Norfolk Association of Curators Barn Quilt Trails Project The museum took on the job of coordinating the Elgin County portion of the Southwest Ontario Barn Quilt Trails (SWOBQT). Most of the museums in the county along with a number of other volunteers created and installed the first 20 quilts which were launched in May along with those of the other four counties in the project. Since then the same group of volunteers has painted and helped to install another 10 quilts. A large series of quilts in Dutton-Dunwich based on the system used by the SWOBQT have been installed on farms north of Wallacetown. Visitor Statistics and Donations The museum attendance was down in 2012, totalling 1468 compared to 1827 in 2011. 2011 had been exceptional in terms of the amount of outreach including a bus tour, several talks and attendance at events with exhibit material. Exhibition themes that included marine art and domestic architecture had a smaller draw than anticipated. Consequently, admission donations were also down, totalling $279.69 and gift shop sales were $350.90. Permanent Collection 60 donors presented the museum with a total of 83 individual artifacts and 8 collections this year. Among the highlights were a Thistle Brand butter box from Dutton, a hat band stamping machine, a Middlemarch Grange quilt and a book binding press from the Municipal World plant. In the fall, the bell which once hung in the tower at Alma College was donated by the building’s owners. They and the Alma Alumnae Association are working with the museum to create a suitable mount for display purposes. CONCLUSION: This report outlines the activities of the Elgin County Museum Advisory Committee for the period January 1 to December 31, 2012. RECOMMENDATION: That the report titled “Elgin County Museum 2012 Annual Report” dated February 19, 2013 be received and filed. All of which is Respectfully Submitted Approved for Submission Councillor Jim Jenkins Mark G. McDonald Chief Administrative Officer Mike Baker, Curator 13 * March 12, 2013 Sandi Loponen, Library Coordinator 14 15 * 16 * 17 * Canadian Charter of Rights and Freedoms * Canadian Library Association Statement of Intellectual Freedom * Elgin County Library Collection Development Policy * Library Procedure: Request for Reconsideration * 18 freedom of thought, belief, opinion and expression * 19 All Canadians have a fundamental right to: Accessall expressions of knowledge, creativity and intellectual activity • Express their thoughts publicly • This right to intellectual freedom is essential to the health and development of Canadian society. It is the responsibility of libraries to guarantee and facilitate access to all expressions of knowledge and intellectual activity, including those which some elements of society may consider to be unconventional, unpopular or unacceptable. To this end, libraries shall acquire and make available the widest variety of materials. Libraries should resist all efforts to limit the exercise of these responsibilities while recognizing the right of criticism by individuals and groups. * 20 * References to sex and violence notconsidered illegal under the Criminal Code (including most pornography) * Controversial opinions on divisive topics–(e.g. pro-life; pro- choice) * Opinions not widely-held * 21 22 Library staff shall: Strive to provide a balance of viewpoints on all subjects in its collection. * 23 Selection Criteria Literary merit • Enduring value • Accuracy and timeliness of the information contained in • the material Reputation and authority of the author and publisher • Social significance • Importance of the subject matter to the collection • Cost • Scarcity of material on the subject • Availability elsewhere • Comments of reviewers, critics, and publishers • Community demand *** • * 24 * Serve the interests and needs of allusers * Recognize varied opinions, but not allow individuals who wish to censor an item to restrict the freedom of others * Acknowledge that it is the right and duty of each family or guardian to make its own choice about access to library materials * 25 26 The arguments… Against Filtering For Filtering * Filter doesn’t catch * Protect children from everything pornography * Filter catches too * Maintain a ‘safe’ much public space for all * Censorship * Computers are used in * Pornography is not high-traffic areas illegal * Cannot control what is viewed on personal equipment via wireless Elgin County filters web traffic on all public computers * 27 Process for Resolving a Concern * SubmitStatement of Concern to Library Coordinator * Response drafted * Review with Director, approval * Response in writing to the complainant * If the complainant is still not satisfied, he/she can request a reconsideration from the County’s Warden who is our equivalent to Library Board Chair * 28 London Public Library’s Freedom to Read display. Photo courtesy of London Free Press, Feb. 27, 2013 29 * 30 REPORT TO COUNTY COUNCIL FROM: Kate Burns, Business Development Coordinator DATE: February 13, 2013 SUBJECT: Business Retention and Expansion: Agri-food Sector INTRODUCTION: TheEconomic Development Strategy and Action Plan 2011-2014 identified a number of initiatives and actions surrounding Economic Gardening including the development of a Business Retention & Expansion program. The Agri-food Sector BR&E continues on the work and outreach of previous BR&E’s. DISCUSSION: nd Between June 22 and November 30th of 2012, Economic Development staff conducted interviews in person as well as encouraged industry stakeholders to complete a survey online. Appendix A, Elgin County Agri-food Business Expansion and Retention Study November 2012 summarizes results of interviews with 57 agri-food businesses across the County. The interview results showed clear themes in the agri-food sector including; - Within the Agri-food sector, food production and distribution comprise the bulk of the business surveyed; 92 % of these businesses are headquartered in Elgin County, and are family owned. - Of those surveyed, one third of all respondents indicated that they have no succession plan, business plan or marketing plan in place for their operation. - Many of the respondents have been operating in the area for more than 35 years. Only one quarter of those surveyed had been farming in Elgin for less than 10 years. - Nearly 80% of respondents surveyed consider Elgin County a good or excellent place in which to do business - Over half of those businesses surveyed are positive about their future, with 29 businesses planning expansion or renovation in the next three years, noting increased demand as the reason for expansion. Participating business are positive about Elgin as a place to do business and are satisfied with their current location. Businesses are positive of the future anticipating growth and expansion within the next three years. The survey report will be shared with the participants at the Ambassadors Meeting in March. Economic Development staff plan to begin a BR&E program for the manufacturing sector for the spring of 2013. 31 CONCLUSION: Improvements in the local business environment can lead to increased local employment, a more satisfied business community, better government-business relations and a more diversified economy. Continuing the Business Retention & Expansion program into the next key sector in the County serves to strengthen the relationship between the municipality and businesses. RECOMMENDATION: THAT the report titled “Business Retention and Expansion: Agri-food Sector” dated February 13, 2013 be received and filed; and, THAT the report titled “Elgin County Agri-food Business Expansion and Retention Study” dated November 2012 be received and filed. All of which is Respectfully Submitted Approved for Submission Kate Burns Mark G. McDonald Business Development Coordinator Chief Administrative Officer Alan Smith General Manager, Economic Development and Tourism 32 Elgin County Agri-food Business Expansion and Retention Study November 2012 33 Contents 1INTRODUCTION.............................................................................................................................. 3 1.1SUMMARY OF KEY FINDINGS3 2PROJECT ORGANIZATION, DATA ANALYSIS AND METHODOLOGY........................................ 5 3SURVEY FINDINGS......................................................................................................................... 7 3.1COMPANY INFORMATION7 3.2BUSINESS CLIMATE11 3.3FUTURE PLANS13 3.4FUTURE PLANS - CLOSE14 3.5FUTURE PLANS - RELOCATE14 3.6FUTURE PLANS – DOWNSIZE14 3.7FUTURE PLANS - EXPAND/ RENOVATE15 3.7.1BUSINESS PROFILE15 3.7.2EXAMINING PLANS TO EXPAND OR RENOVATE16 3.8BUSINESS DEVELOPMENT18 3.9BUSINESS DEVELOPMENT - FINANCIAL25 3.10WORKFORCE DEVELOPMENT28 3.11LOCAL COMMUNITY31 4NEXT STEPS................................................................................................................................. 33 34 1 Introduction The County of Elgin has recently completed an Economic Development Strategy for the period 2011 – 2014. The strategy considers the structural changes taking place in the broader provincial, national and global context and prepares Elgin County for a new approach to economic development. While the manufacturing sector has been on the decline, creative industries and enterprises – those operations where people and knowledge are the factors of production, are on the rise. Within this context, the strategy provides a fresh look at the County’s traditional sectors. Agriculture is one of the County’s most prominent sectors, both in terms of employment and total number of businessesandresponsible for employing over 10% of the County’s labour force and constitutes nearly 20% of all local businesses. It is also key consideration in the development of Elgin County’s creative rural economy. One of the key recommendations in the strategy was the development of a Business Retentionand Expansion (BR+E) program. This study is a direct outcome of that recommendation. It is the first step towards improved communications and fostering a better and deeper relationship with the local businesses.This study has been designed to allow for a more complete understanding ofthe challenges and opportunities inherent to the County’s Agriculture and Agri-food sector. This information is vital to the strategic allocation and mobilization of resources tosupport the retention and expansion of this sector and in the attraction of future businesses. The timing of this study is also significant as follows on the heels of a global recession. In the wake of deflated commodity prices, this study highlights the strength and resilience of the County’s agriculturalsector. To that end, over half of those businesses surveyed for this study indicated that they have plans to expand or renovate in the next three years. Over the long term, the BR+E program will provide an understanding of the level of support requiredby these businesses and answers questions related to the size of parcels needed, level and type of infrastructure services and proximity or access to other supportservices activity. 1.1Summary of Key Findings In providing an understanding of the challenges and opportunities facing the region’s agri-food businesses the County of Elgin oversaw the survey of 57 operations, with the majority ofthese operationslocated in Bayham, Central Elgin and Southwold. The following discussion highlights the key findings that emerged from the survey results. Within the Agri-food sector, food production and distribution comprise the bulk of the businesses surveyed; 91% of these businesses are headquartered in Elgin County, and are family owned. 35 Of those surveyed, one third of all respondents indicated that they have no succession plan, business plan, or marketing plan in placefor their operation. A similar proportion admittedto not having a financial plan for their business. Manyof the respondentshave been operating in the area for more than 35 years. Only one quarter of those surveyed had been farmingin Elgin for less than 10 years. While the sector is seen as being relatively stable, the high percentage of ‘older’ farming operations coupled with the lack of succession planning suggests a need for greater support for business planning in the County’s agri-foodsector. Nearly 80% of respondentssurveyed consider Elgin County a good or excellent place in which to do business. Over half of those businesses surveyed are positive abouttheir future, with 29 businesses planning expansion or renovation in the next three years. Three quarters of these businesses noted ‘increased demand’ as the reason for their expansion. Over half of these, 29 businesses, are located in Central Elgin and Southwold. To that end, over half of businesses reported increased sales in the past year. The same number expected sales to increase in the next year. Only 14% indicated a decline in sales over the last year. In terms of barriers to expansion, some participants requested information about government grants while others said that finding suitable and available land within the Countyis difficult. Respondents also suggest that‘tax burdens’, ‘volume requirements by customers’ and ‘marketing support’ were the primary barriers to market access. Half of all the companies surveyed expressed interest in the diversification of their business toinclude value added processing. The most commonly cited forms of assistance required to pursuevalue added processing include: securing funding, conducting market research and developing a marketing plan. The creation of a local food distribution network also received broad based support from survey participants. To support the growth of the County’s Agri-food sector, participants requested ‘improved permit and regulatory approval processes’, ‘marketing programs’ and ‘municipalagricultural support’. Approximatelyone thirdof respondents reported Elgin County as a primarysource for information or support. Similarly, 28% of respondents listed the Elgin Business Resource Centeras a primarysource for information or support. The majority of respondents indicated that the local workforce was good or excellent in terms of meeting their operational needs. Only four businesses surveyed indicated using the Temporary Foreign Workers Program. Overall interest in training opportunities for business owners and their employees was rather limited. Those few areas of interest include ‘health and safety and WHMIS/WSIB training’, ‘sales and marketing’ and ‘quality assurance’. Primary disadvantages of doing business in the Countyinclude “extremely high taxes on agricultural land” and high development costs. 36 2 Project Organization, Data Analysis and Methodology This report summarizes the results of interviews with 57 agri-food businesses across the County of Elgin.The businesses selected were representative of Elgin County’s agricultural value chain, as shown in Figure 1. The value chainranges from crop research and experimentation to the sale of food through farmers’ markets, specialty shops and local food restaurants.Figure 1also shows the number of businesses, operating in Elgin County, within each category. For example, as of 2011 there were 299 businesses engaged in various production activities. FIGURE 1: AGRICULTURE VALUE CHAIN Source: County of Elgin: Economic Development Strategy and Action Plan 2011-2014. The interviews were typically conducted by municipalstaff, witha limited number of surveys completed online without the assistance of municipal staff. The surveys were conducted between June 22, 2012 and November 30, 2012. The Business Visitation Survey is a tool used to gather information from businessesin the Countyof Elgin with the intention of discerning the critical issues relevant to business retention and expansion. The survey was structured to identify issues in key areas such as: Business Climate Future Plans (downsize, relocate, expand/renovate, close) Business Development 37 Markets Finances Workforce Development Training Local Community Advantages and Disadvantages Within these key areas there are 68detailed questions that are summarized in the next 1 section and cross-tabulatedto better understand survey responses. The survey tool used for analysis was Microsoft Excel. The survey tool was designed by the County’s consulting team to be an easy-to-use template that would facilitate data entry, as well as data analysis. The style of questions included werea combination of qualitative and quantitative. Cross-tabulation refers to the investigation of one question based on the response of another question. 1 38 3 Survey Findings 3.1Company information This section presents responses to questions asked in the Company Information portion of the survey. Efforts were made to gain results from across the Countytaking into consideration the distribution of farm operations. Figure 1, illustrates the total percentage of businesses surveyedby location. The majority of operations surveyed were located in the Bayham, Central Elgin and Southwold, yet the geographical distribution of these operations speaks to the widely dispersed nature of this sector across the County. FIGURE 2: PARTICIPANT OPERATIONS BY LOCATION 7% 9% Aylmer Bayham 20% 18% Central Elgin Dutton Dunwich Malahide 13% 24% Southwold 9% West Elgin Within the Agri-food sector, food production and distribution comprise the bulk of the businesses surveyed with 69% and 21% respectively. Despite this concentration of activities, the Countyis home to businesses that are involved with every aspect of the agri-food value chain. This chain begins with seed creation and research and development, followed byproduction, processing (manufacturing), and eventual distribution. The sectoris also supported by a range of activities including storage, and equipment suppliers. 39 FIGURE 3: TYPES OF AGRI-FOOD BUSINESSES Creation (Seed genetics, Crop 2% experimentation, Research & Development) 6% Production (Crops, Fruit and Vegetable Farming, Animal Farming, Apiculture) 21% Manufacturing (Food preparation and packaging, Wineries, Breweries) 2% Distribution (Wholesale food 69% distributors, Farmers markets, Shops, Restaurants/Caterers) Support Activities (Refrigerated storage, Farm product supplies, Farm implement dealers) FIGURE 4: MAIN PRODUCTS OR SERVICES PROVIDED BYCOMPANY 38% 40% 32% 35% 30% 26% 25%25% 25% 21% 20% 15% 15% 9% 10% 5% 0% LivestockCropHorticultureOn-farmWholesaleRetailRestaurantOther productionproductionProductionprocessing(includes farmgate or farmers market/stand) Figure 4further describes the specific types of goods and services offered by the County’s agri-food sector. Reflecting the County’s strength in production, 87% of respondents indicated that they were involved in some type of agriculturalproduction. More specifically, 25%of respondentsare involved with livestock production, 38% in crop production, and 25% in horticulture production. A considerable portion of these producers also engage in retail activities with 26% indicating that they participate in farm gate, afarmers marketor have a road side stand.A further 21% of businesses wererestaurants while processing and wholesale activitieshad less representation in the sample. Out of the 54 businesses that responded, 87% reported that the owners of these businesses reside in Elgin County, with 91% of these businesses headquartered in 40 Elgin County, and family owned. The majority of businesses (74%) only have one locationwith the remainder indicating multiple farm locations, with few located outside of the County. This suggests a high degree of local influence over these businesses. Business decisions are made in Elgin County, which increases the ability of the County to work with these operators toachieve their business goals. FIGURE 5: PERCENT OF BUSINESSES WITH A STRATEGICPLAN 60% 55% 50% 37% 40% 33% 30% 24% 20% 10% 0% Succession PlanBusiness PlanMarketing PlanNone of the Above While Elgin’s Agri-food sector is dominated by producers, many of these same operators do not appear to be thinking long term about their operations. One third of all respondents indicated that they have no succession plan, business plan, or marketing planin place. In fact, even some of the County’s largest employers fall into this category. Only 24% of respondents indicated that they have a succession plan in place; while a fewmore businesses have a marketing plan (37%). Just over half of all businesses surveyed do have a business plan. Many of the qualitative comments collected in response to this question, suggest that succession planning and marketing are in fact priorities for local agri-businesses. There may be an opportunity for the County to support this segment of the local economy through the development of targeted workshops and reference materials. 41 FIGURE 6: PERCENT OF EMPLOYEES (FULL TIME EQUIVALENT) THAT WORK AT THIS LOCATION CURRENTLY (IN ADDITION TO THE OWNERS) 0% 4% 0% Owners only 0% 1-4 7% 5-9 31% 10-19 15% 20-49 50-99 15% 100-249 28% 250-499 500 + Most of the businesses surveyed are small businesses. Results showed that 48of the 54 businesses have fewer than 20 employees. Two businesses indicated that they have between 250 and 499 employees. The reporting businesses also represent a mix of employment types. Smaller operations typically utilize full time employees. As operations increase in size, particularly those involving labour intensive farming, the share of employment shifts towards seasonal or contract based employment. Figure 7 shows the reported percentage breakdown of the types of employment by operation. Note that this figure reflects reported percentages by company, and are therefore, not reflective of real employment numbers. FIGURE 7: PERCENTAGE OF LABOUR TYPES BY BUSINESS 5% Full time Part time 44% 38% Seasonal Contract 13% The businessessurveyed show considerable variation in terms of their size and scale of operation. The geographic size of these businesses is directly related to the type of goods and services they provide. Accordingly, the size of these businesses is presented in two categories. The first category encompasses retail operations and 42 restaurantswhile the second category includes production farms, wholesale operations, processing and other support activities (Wholesale operations). Of the 38responses, 14 businesses operate in the retail space while 24 are wholesale operations. Eight of these 38 businesses were involved in both retail and wholesale operations so theirresponses we counted in each category. As an example, this occurswhen a respondent operates a production farm, but also operates a roadside produce stand. As shown inFigure 8,five of the 14 businesses indicated that their space was under 5,000 square feet. The remaining retail businesses were all larger, with their distribution even across the remaining size classifications. In terms of the wholesale operations, the majority of businesses were larger than 5 acres. Once again, these businesses were well distributedacross thesize classifications with at least two businesses in each category. FIGURE 8: CURRENT SIZE OF BUSINESSESBY CATEGORY Retail Wholesale Operations Operations Less than 5000 sq ft 5 2 5000-10 000 sq ft1 1 10000-20 000 sq ft1 0 Less than 5 acres 1 1 5 -10 acres 2 3 10-50 acres 1 3 50-100 acres 1 3 100-200 acres 1 2 200-500 acres 1 4 More than 500 acres 0 5 Total number of Businesses 14 24 3.2Business Climate This section presents responses to questions regarding the business climate in Elgin County. The survey results captured a broad cross section of operators, many of whom have been actively farming in the area for more than 35 years. Of interest however, is the fact that 26% percent of those surveyed had been doing so in Elgin for less than 10 years (Figure 9). While in general these results suggest the relative stability of the sector, the high percentage of farmers that have been operating in Elgin County for more than 35 years suggest a need to understand the succession plans for these farm operations. 43 FIGURE 9: PERCENTAGE OFYEARS THE BUSINESS HAS BEEN IN OPERATION INELGIN 2% 2% Less than 1 year 32%22% 1-2 years 3-10 years 11-25 years 20% 26-35 years 22% 35+ years An overwhelming 79% (Figure 10) of the respondents considerElgin County a ‘good’ or ‘excellent’ place in which to do business. Several participants voiced concerns about the cost surrounding building permits and the process of severing lots from their farms. This presents an obstacle to business expansion as some farms require onsite residences for seasonal workers. Others described their discontent with the limited width of roads; as this limits the mobility of some farm equipment, particularly where farmers are managing and operating on non-contiguous tracts of farmland. FIGURE 10: GENERAL IMPRESSIONOF ELGIN COUNTY AS APLACE IN WHICH TO DOBUSINESS 2% 2% 18% 17%Excellent Good Fair Poor No comment 61% 44 FIGURE 11: PERCENTAGE OF FACTORS WHICH ARE BARRIERS TO THE EXPANSION OF A BUSINESS 60% 48% 50% 44% 40% 30%30% 30% 24% 22% 20% 13% 7% 10% 4% 2%2% 0% 0% Most businesses indicated that the most significant barriers to expansion are tied to the unpredictability of the marketplace. Uncertaintyis a powerful disincentive to investment. Local or regional governments, however, have little to no capacity to affect this business reality. Other commonly cited barriers to business expansion include, land/building costs (44%; aside from building permits), access to land or buildings (30%), availability of labour (30%) and low commodity prices (24%). Once again, these considerations largely fall outside of the County’s sphere of influence. One in five (22%) respondents also listed ‘access to capital’ as a barrier to expansion. This is an area worth investigating as interest rates are at record lows. Further comments highlighted the lack of high speed internet and the housing issue for temporary workers. 3.3Future Plans This section presents responses to questions regarding the surveyed businesses and their development plans in the next 3 years. Businesses surveyed are generally positive of their future with 29 businesses (54%) planning expansion or renovation. One third of businesses (32%) indicated that they have no plans for expansion or plan areduction of their operations. Only three businesses (6%) reported that they intend to downsize from their current facility. Four businesses (8%) indicated they would be closing or relocating their businesswithin the next 3 years. 45 FIGURE 12: PERCENTAGE OF PLANNED BUSINESS UNDERTAKINGS WITHIN THE NEXT 3 YEARS 4% Remain the same Downsize 32% Relocate 54% 6% Expand/Renovate 4% Close 3.4Future Plans -Close Two respondents have indicated plans to close their businesses in the next three years. Both of these businesses are small crop producing farms with 1-4 employees. The reason for closure/sale is directly attributed to the age of the business owners. The businesses have no wish to remain active and are therefore not requesting assistance in remaining open; although, one farmer would be interested in a crop share program. 3.5Future Plans -Relocate Two survey participants indicatedplans to relocate their businesses in the next three years. These businesses have rather different motivations for moving. The first business is mature, operating in Elgin for over 25 years. It is a small horticultural production operation. The owner is 75 and ready to retire; consequently, the farmhas been sold to a share grower in Norfolk County. The second business has been in operation for less than a year. It is a small family run food manufacture with retailing and wholesaling operations. The business is moving within the County to gain greater access to labour. The owner requested assistance to identify a location that would suit their needs. 3.6Future Plans – Downsize Three businesses indicated their plans for downsizing in the next three years. Two of these businesses are production farms whilethe other is arestaurant. Each of these operations has less than 5 employees; the farms have been operating for over 25 years while the restaurant has been opened for less than 10 years. The family run restaurant is downsizing because the owner’s children have moved on and sales have suffered since the recession. The farms are downsizing because of lower commodity prices and the advanced age of the owners. This willresult in adecrease in production and employment. One of the farms is planning on increasing their retail activities in 46 place of production. These businesses have not requested assistance from the County. 3.7Future Plans -Expand/ Renovate 3.7.1 Business Profile Ofthe businesses surveyed, 29 (54%) are positive about their future and are planning to expand or renovate in the next 3 years. With over half of the firms surveyed falling into this category, it will be important to develop a profile of these businesses before examining their expansion plans. Not surprisingly, a significantproportion of these businesses (86%) consider Elgin County a great or good place to do businesses. In general, there are no discernable differences between the characteristics of these29 businesses and those in the broader sample. However, there are a number of observations that can be drawn from examining this subset of businesses. Business Location Figure 13shows the location of the businesses thatplan to expand or renovate within the County. These businesses are well distributed across the Countywith notable concentrations in Central Elgin (31%) and Southwold (24%). FIGURE 13: LOCATION OF THOSE BUSINESSES THAT PLANTO EXPAND/ RENOVATE 4% 0% Aylmer 14% 24% Bayham Central Elgin Dutton Dunwich 10% 31%Malahide Southwold 17% West Elgin Business Type Figure 14shows the types of businesses that are planning to expand or renovate. The proportional composition of these businesses is reflective of the broader sample of the entire study, with production and distribution business comprising the majority of the firms. This suggests that each subsector is growing at a similar rate. The one exception is food manufacturing. However, give the sample (1 respondent), it is difficult to draw conclusions. 47 FIGURE 14: TYPES OF BUSINESSES THAT PLAN TO EXPAND/ RENOVATE Creation (Seed genetics, Crop experimentation, Research & Development) 4% 7% Production (Crops, Fruit and Vegetable Farming, Animal 18% Farming, Apiculture) 0% Manufacturing (Food preparation and packaging, Wineries, Breweries) 69% Distribution (Wholesale food distributors, Farmers markets, Shops, Restaurants/Caterers) Support Activities (Refrigerated storage, Farm product supplies, Farm implement dealers) Size by Land Area Those businesses planning on expanding or renovating show considerable variation in terms of their size and scale.The businesses range from those smaller than 5,000 square feet to those larger than 500 acres. Of the 26 businesses that answered this question, 53% or 14 were over 100 acres in size. The remaining businesses were evenly distributed across the remaining categories, from 50-100 acres to less than 5000 square feet. 3.7.2 Examining Plans to Expand or Renovate Reasons forExpansion or Renovation Participant businesses cited a number of causal factors for choosing to expand or renovate. The majority of businesses (76%) noted ‘increasing demand’. ‘New products’ and‘new markets’ were also identified by 14% and 11% of businesses, respectively. Other reasons for expansion or renovation includedthe ‘need to stay competitive’, and ‘diversificationof current products and services’. Timing of Expansion or Renovation In terms of the expected timing of expansion or renovation, most businesses offered a window of time rather than a specific date. For example one respondent said, “we would like to expand in the next two years.” With that said, of the 22 businesses that did respond,8 said they were continually expanding or would like to expand as soon as possible. The remaining businesses noted expansion or renovation plans, but were less certain about the timing. 48 Barriers to Expansion or Renovation As a follow-up question, businesses were asked: “are you experiencing any problems or difficulties with your expansion/renovation plans?” Half of those who responded said “no” or “none at this time”. The other half of respondents spoke to arange ofissues that included “accessto capital” and the “cost of land”. Another farmer explicitly asked if there were government grants to support young farmers with expansion of operations. Others said that finding suitable and available land within the Countyis difficult. Outcomes of Expansion or Renovation When asked: what will your expansion/renovation lead to? Respondents offereda variety ofexpectedoutcomes. Figure 15shows the response rate of those expected outcomes. More than 70% of the 27 businesses that responded indicated that expansion/renovation would lead to an increased workforce; whereas63% or 17 businesses predicted additional investment in equipment and technology. Further 48% or 13 businesses predicted it would lead to additional product. FIGURE 15: WILL YOUR EXPANSION/RENOVATION LEAD TO... 19 20 17 18 16 13 14 12 1010 10 8 6 5 6 4 4 1 2 0 An increase inAn increase inAdditionalAdditionalAdditionalImportingAn increase inProcessAn increase in workforcefloor spaceproductservices forinvestment ingoods orexport of goodsimprovementsdemand for customersequipment andservices toor servicesskills training technologyCanada Expected Land or Building Requirements for Expansion or Renovation plans The acquisition of new land or buildings space is not necessarily a requisite of business expansion or renovation. When asked about land or building requirements for expansion or renovation, only 52% or 16 of the 27 respondents indicated that their expansion plans were contingent on additional land or a larger building. One third of the respondents said that they would not require these types of additions; whereas the remaining 15% of respondents were unsure of the requirements. 49 When asked about specific land or building requirements, 8businesses indicated the need for more land while 8also indicated the need for more building space. Only 4 of these business owners were able to provide precise details regarding the scale of their plannedexpansion or renovation. These requirements ranged from an additional10 acres of farm land to the addition of 700 square feet of floor space. 3.8 Business Development This section presents information concerning the factors that impede or enhance business operations. Satisfaction with current location When asked about their satisfaction with their current location of business in Elgin County, 66% of the 41respondents replied that they were completely satisfied. Figure 16shows that about one in five respondents were only somewhat satisfied; whereas 14% were either somewhat dissatisfied or completely dissatisfied. Some of the discontent with the Countyas a location involves its relatively limited population base. This presents a barrier for retail operations. One restaurant operator said, “It is hard to market to the community...when 90% of the people who come to the restaurant are not local.” While this seems obvious, theCounty may want to consider how it communicates its marketing efforts to the local community. FIGURE 16: HOW SATISFIED ARE YOU WITH THE CURRENTLOCATION OF YOUR BUSINESS IN ELGIN COUNTY? 2% Completely satisfied 12% Somewhat satisfied Somewhat 20% dissastisfied Very dissastisfied 66% Accessing the Marketplace Businesses were asked about the ways in which they access the marketplace. Figure 17shows the complete results. Of the 41 respondents, 68% were engaged in direct marketing to the consumer through farmers markets, or farm gate. Just under 40% of respondents said they either send their product directly to the processor or to the local retailer for distribution. About 15% of businesses send their product directly to the 50 Ontario Food Terminal or to other producers of the same product for them to then sell. Other means of distribution includedthe Milk Marketing Board, anda direct sale to major food retailers. FIGURE 17: METHODS OF MARKET ACCESS 80% 68% 70% 60% 50% 39% 39% 40% 30% 15% 20% 12% 10% 0% Direct to processingDirect to consumerDirect to distributionMarketed to furtherTo local retailers (abattoir or(farmers markets,(Ontario Foodproduction (other(including manufacturing)farm gate, direct toTerminal)producers of same)restaurants) public) Barriers to Market Access Businesses were next asked about the barriers they face when accessing the market. Figure 18showsthe complete results. Of the 28 respondents, over 40% listed both ‘regulatory burdens’ and ‘food and safety traceability programs’ as barriers to market access. One farmer said that thefood and safety audits are relatively costly, especially for smaller operations. Tax burdens ranked third on the list. A further one quarter of respondents noted ‘Volume requirements by customers’ and ‘marketing support’ as barriers.Providing support to help navigate the regulatory environment should be a consideration for the County. 51 FIGURE 18: BARRIERS TO MARKETACCESS 50% 46% 43% 45% 40% 32% 35% 30% 25%25% 25% 18% 20% 14% 15% 11% 7% 10% 5% 0% VolumeFood safetyQualityAccess toMarketingLand useTax burdensRegulatoryDistribution requirementsandassurancestorage andsupportclassificationburdenssystems by customerstraceabilityprotocolsdistribution too highprogramschannels Assessing Interest in Value Added Processing Elgin County’s agri-food sector could be strengthened by the addition of value added processing operations. The development of these operations is a logical extension of the County’s concentration ofagricultural production. Half of all the companies surveyed expressed interest in the diversification of their business to include value added processing. Of these 21 businesses, there is broad based interest from each subsector (exceptfor those operations dedicated to support activities). Production farmers exhibited the highest level of interest with 14 positive responses. It is also notable that within this sub-sector, livestock, crop, and horticulture production were each well represented. Once again, this speaks to the mass appeal of this form of business development. Supporting the adoption of Value Added Processing Figure 19shows the range of information and types of assistance that businesses require to consider adding value added processing to theirexisting business. The County is considered well positioned to support businesses in a number of these areas. The three most commonly cited forms of assistance include: securing funding, conducting market research and developing a marketing plan.However,as one respondent noted, to seriously consider processing activities, “I would need support in all of these areas”. This sentiment is reflected by the notable response rates in each category. 52 FIGURE 19:INFORMATION/ASSISTANCEREQUIRED TO INTEGRATEPROCESSING AS PART OF YOURBUSINESS? 50% 44%44%44% 45% 40% 36% 32%32% 35% 28% 30% 24% 25% 20% 15% 10% 5% 0% MarketSecuringFeasibilityBusinessMarketingSecuringLocalHealth Unit researchfinancingstudyPlanPlanland useprocessingapprovals & planningfacilities approvals Tools to Support Business Growth Figure20shows how respondents ranked the range of tools consideredimportantto the future growth of local business operations. Of the 36 businesses that respondedto this question, exactly half listed ‘improved permit and regulatory approval process’ as a key to future growth. ‘Marketing programs’ and ‘municipalagricultural support’ were also commonly noted by businesses. While the County does not have the ability or authority to address all of these needs, it is in a position to influence thinking on these issues, particularly at the local level. In the case of improved regulatory approval processes, drawing attention to the impact of delays or other related issues is arole for the County. As the County assumes more planning responsibilities, this provides further opportunity to educate local municipalities on the need to streamline approval processes. 53 FIGURE 20: TOOLS THATSUPPORT BUSINESS GROWTH 60% 50% 50% 39% 36% 40% 31% 28% 30% 22% 19%19%19% 20% 10% 0% Improved localAccess toRetailDistributionImprovedMarketingGreaterAdditionalImproved processingvalue-addedpartnershipprogramspermit andprogramsmunicipalagriculturalaccess to capacityprocessingopportunitiesregulatoryagriculturalprogramminginformation approvalsupportinand resources processesthe educational sector Key Considerations for Business Operations The Agri-food sector is subject to several unique business considerations. Figure 21 reflects a range of factors considered important to business operations. 41 businesses shared their opinions as to the degree of importance andranked each of these factors as very important,somewhat important, or not important at all. The most important consideration for agri-food operations is ‘commodity prices’, noted by 80% of respondents as very important. ‘Environmental responsibility’ was described as at least somewhat important by 95%of businesses. ‘Labour availability’ and’ sourcing of capital’ ranked third and fourth on the list, respectively. It is noteworthy that each of the 11business factors wasconsidered at least somewhat important by 65% of the sample. In other words, none of these considerations should be ignored in the context of planning for the long term sustainability of this sector. 54 FIGURE 21:THEIMPORTANTANCE OF SELECTED BUSINESS FACTORS 45 40 35 30 25 20 15 10 5 0 Not important at allSomewhat ImportantVery Important Gauging Interest for Opportunities to Expand the Agri-food Sector In an effort to probe potential areas of expansion in the Agri-food sector, participants were asked about their interest in seven different types of opportunities. These opportunities pertain to individual businesses or to the County’s Agri-food sector at large. Of the 22 businesses that responded, 63% indicated interest in the creation of a local food distribution network. While interested, some participants also voiced concerns. Onefarmer said that “that these networks are very difficultto setup”, while another distributor said that a local network would be an afterthought for farmers. This is a concern because some farmers contribute sub-standard (or rotten) product to these networks. Value added processing received an endorsement with about half of respondents showing interest. The remaining areas of opportunity, while not ignored, were not met with the same level of enthusiasm. Figure 22presents the complete breakdown of results. 55 FIGURE 22:INTERESTIN AGRI-FOOD SECTOR EXPANSION OPPORTUNTIES 70% 63% 60% 49% 50% 37% 40% 31% 29%29% 30% 23% 20% 10% 0% Bio-based fuelsEthnic marketOrganic marketExport marketBranded foodValue addedLocal food or energyopportunitiesopportuntiesopportunitiesproduction/furtherdistribution processingnetwork Sources for Information and Support for Businesses The concentration of responses oriented towards farming specificinformation or supports is not surprising given that nearly 70% of the surveyed businesses are directly involved with farm related production activates. Accordingly, the Ontario Ministry of Agriculture, Food and Rural Affairs was the most commonly listed organization for support or information with 83% or 30 out of 36 responses. The General Farm Association was also well represented. On the other hand, 28% of respondents reported Elgin County or the Elgin Business Resource Center as top sources for information or support. Other useful organizations include: the Dairy Board, Christian Farmers, Elgin Business Women's Network, and the Canadian Organic Council. 56 FIGURE 23: ORGANIZATIONS MOST USED FOR INFORMATION OR SUPPORT BY BUSINESSES 90%83% 80% 70% 61% 60% 53% 50% 42% 40%33% 28% 30% 19% 14% 20% 11% 10% 0% FederalProvinicalMuncipalElgin BusinessLocal,ManufacurtingRetail orGeneral FarmCanadian Farm GovernmentGovernmentGovernmentResourceProvinical oror ProcessingBusinessOrganizationsBusiness (Agriculture(OMAFRA)(Elgin County)CentreNational AssociationChamberManagement andCommodityAssociationCouncil Agri-FoodOrganizations Canada) 3.9Business Development -Financial This sectionpresents participants’ responses to questions regarding business financials, expected sales estimates, and financial planning. Business Revenues over the last year Businesses were asked about the level of sales during the past year.Figure 24shows the complete results. Of the 41 respondents, 58% reported having increased sales in the past year, while 14% experienced a decrease in sales. About 26% of the respondents said their sales remained stable, while 2% were unsure whether their sales had increased, decreased or remained stable over the past year. FIGURE 24: TRENDS IN BUSINESS SALES OVER THE PAST YEAR 2% 26% Increased Decreased 58% Remain Stable 14% Uncertain 57 Projected Business Revenues in the next three years Figure 25shows the product sales predictions of the businesses over the next three years. Of the 43 respondents, more than half or 56% anticipated increases in sales; however, 7% of businesses predicted that their sales would decrease over the next three years. Additionally, 26% of businesses predicted that sales would remain relatively stable and 11% were uncertain about whether sales would increase, decrease or remain the same over the next three years. FIGURE 25: SALES PREDICTIONS FOR THE NEXT THREE YEARS 11% Increase Decrease 26% 56% Remain Stable Uncertain 7% Expected Timeframe for sale or transfer of some or all farm assets Figure 26shows the predicted number of years that businesses expect to have sold or transferred some or all of their farm assets. A total of 45 businesses responded to this question. Of the sample, 12businesses (27%) expected to retain their assets, while 9 anticipated selling or transferring their assets within the next year to five years. The majority of the participants who answered this question were uncertain as to whether they would sell or transfer their assets, while twobusinesses anticipated selling or transferring their assets within 6-15+ years. In addition, the respondents who did anticipate selling or transferring their assets (either in the long or short term), were asked whether they anticipated selling or transferring the farm assets to family members or to an unrelated third party. The results showed that the majority of respondents(11)anticipated transferring the farm assets to family members, while 7 anticipated selling to an unrelated third party. 58 FIGURE 26: EXPECTED TIMEFRAME FOR SALE OR TRANSFER OF SOME OR ALL FARM ASSETS 1 to 5 years 6 to 10 years 20% 27% 11 to 15 years 4% 7% 15 + years 4% Don't know 38% Don't expect to sell/transfer Frequency of FinancialPlanning In an effort to determine how well respondent businesses planned for the future, respondents were asked whether or not they had a financial plan for their businesses. In total, 37 businesses answered this question. The results indicated that the majority (23or 62%) of businesses reported having a financialplan, while 14 (38%) admitted that they did not have a financial plan for their business. FIGURE 27: HOW OFTEN DO YOU UPDATE YOUR FINANCIALPLAN? 14%13% Quarterly 9% Semi-annually 14% Annually Every 2 - 3 years Every 4 - 5 years 50% Of the 62% of businesses that responded to having a financial plan,Figure 27shows how frequently financial plan updates are carried out. Of the 23 respondents, more than half reported that they carried out updates annually,while approximately one quarter of the businesses reported conducting updates to their financial plan quarterly or semi-annually. Additionally, 14% claimed that they carried out updates every two to three years and 9% did their updates every four to five years. 59 3.10Workforce Development This section presents responses to questions regarding workforce development and training in terms of thosebusinessessurveyed. Changes to Employment Levels To understand employment trends in the surveyed businesses, participants were asked about changes to their company’s employment levels over the last three years. Figure 28shows the aggregate responses to this question, which are generally positive. Of the 40 respondents, 16 or 40%of respondentsreported adding to their workforce while 50% reported no change in employment over the last three years. The remaining 10% was split between three businesses that decreased their workforce and one respondent that wasn’t sure. Of the businesses that added to their workforce, the majority addedone to two employees.While this order of magnitude may not be viewed as significant, it may in fact represent the doubling of the company workforcebased on Elgin County’s current business profile. Operations involving seasonal employment, reported hiring 10 more workers. Of the three businesses that reduced staff, two reported cutting their number of pickers by 10 and 20. FIGURE 28: CHANGES TO BUSINESS EMPLOYMENT INTHE PAST 3 YEARS 2% Increased (specify numbers below) Decreased (specify 40% numbers below) Remained the same 50% (Skip to Question 56) Don't know (Skip to Question 56) 8% As a follow-up, respondents were asked about the factors that necessitated this change in employment. Figure 29highlights the most readily cited of these factors. Over half of the 19 respondents indicated that an ‘increase or decrease in sales’ was responsible for the change in employment levels. Next with 42% of respondents, an ‘increase or decrease in market share’ was noted. Ranking third, with 32%, was ‘new products or services’. The remaining factors were each cited by 4 or 5 businesses. 60 FIGURE 29:FACTORS RESPONSIBLE FOR CHANGE IN EMPLOYMENT 60% 53% 50% 40% 32% 26% 30% 21%21% 20% 10% 0%0% 0% Operation is newTechnologicalIncrease/decreaseManagementRenovation orIncrease/decreaseNew products or changesin marketeffectivenessexpansion in salesservices competitionintroduced Participants were also asked about their expectations for workforce growth or decline. Figure 30shows the aggregate responses to this question, which are generally positive. Of the 33 respondents, 12 or 37% expectedto add to their workforce. These companies expect to add between two and nine employees. A further58% of businesses reported no expected change in employment over the next three years. Only one company expected to reduce their workforce in the next three years. This business is a horticultureproducer that has operated in West Elginfor over 25 years. They cited uncertain markets and low commodity prices for the decline of their businesses production levels. This company requests assistance in the development of a business plan. FIGURE 30:EXPECTED CHANGES TO BUSINESS EMPLOYMENT OVER THE NEXT 3 YEARS 3% Increase (specify numbers below) 36% Decrease (specify numbers below) Remain the same (Skip to Question 58) 58% Don't know (Skip to Question 58) 3% 61 As a follow-up, respondents were asked about the factors that contributed to their anticipated addition or reduction of employees. Figure 31highlights the most commonlylisted factors. Overhalf of the 15respondents indicated that an ‘increase or decrease in sales’ would beresponsible for the change in employment levels. The next three most commonly cited factors, with 6respondents, were an ‘increase/decrease in market competition’,’ renovation or expansion’, and ‘new products or services introduced’. FIGURE 31:FACTORS RESPONSIBLE FOR ANTICIPATED CHANGEIN EMPLOYMENT 70% 60% 60% 50% 40%40%40% 40% 27% 30% 20% 10% 0%0% 0% Where do Agri-food sector employees live? Are they from Elgin County? In an effort to profile Agri-food sector employees, businesses were asked: “How many of your workers are from Elgin County?” Of the 29 respondents, 13 or 45% indicated that all of their workers live in the County. A further 7 businesses or 24% of respondents said that over 80% oftheir employees live in the County. The remaining 30% of businesses offered the exact numbers of their employees that live in the County. Unfortunately, the precise number of total staff at these companies is unknown. Consequently, it is impossible to derive the residual number of employees that live outside of the County.Nevertheless, outside of seasonal workers, it appears as if the majority of workers in this sector are from within the County. Availability/Quality of workers within the of Elgin County Businesses were asked to rate both the availability and quality of workers within Elgin County. Figure 32shows the responses to this question. In terms of the availability and quality of workers, the majority of respondents (62-64%) indicated that the local workforce was good or excellent in terms of meeting their operational needs. A quarter of businesses reported that the workforce was ‘fair’, while three businesses considered the workforce ‘poor’. The three businesses, that considered the labour force poor, are located in three different areas of the County(Bayham, Malahide, and West Elgin). 62 Two of these businesses are engaged with production farming while one is a food manufacturer. FIGURE 32:AVAILABILITY AND QUALITY OF WORKERS AS RATED BY EMPLOYERS 35 30 7 6 25 20 Excellent 1212 Good 15 Fair 10 Poor 8 8 5 3 3 0 AvailabilityQuality Businesses and the Temporary Foreign Workers Program Across Ontario many farmers utilize the Temporary Foreign Workers Programto provide a cost effective source of seasonal labour. Of the 26 respondentsto this question, 22 or 85% said they do not employ workers using the Temporary Foreign Workers Program. The four businesses that reported using this program employ between 12 and 18 workers for labour intensive activities. Business Owner and Employee Training Survey participants were asked about their interest in a variety of training areas. Generally speaking, the overall level of interest in training opportunities was rather limited. Only 15 participants respondedto this question, which is only a 27% response rate. Many participants noted that they were not interested in external training options or have no time for training. Nevertheless, of those respondentswho demonstrated interest, the majority (67%) wereinterested in ‘health and safety and WHMIS/WSIB training’. ‘Sales and marketing’ and ‘quality assurance’ were also notable areas are interest. 3.11Local Community This section sheds light on business owners’ perceptions of Elgin County as a place to do business. This discussion presents an assortment of qualitative information. The information provided is not intended to be statistically representative, yetthe depth and quality of theseresponses areinstructive for the continued improvement of the Agri- food sector within Elgin County. Advantages of doing Business in Elgin County 63 Participants were asked to list three of the main advantagesof Elgin County as a place to do business.The most commonly noted advantages are listed below. The affordabilityof land in the County Geographic position relative to marketincludingElgin County’s proximity to urban centers such as London The Countyis a thoroughfare, presenting opportunitiesto attract customers Proximity to the 401highway facilitates transport to market Availability of labour Prime agricultural conditionsin terms of both soil and climate The Countyhas a good water supplywith well servicedlands Strong agriculture grower base, which has led to regional economies of scale and agrouping of complementaryservices. Disadvantages of doing Business in Elgin County Participants were asked to list three of the main disadvantagesof Elgin County as a place to do businesses. This question was met with a range of responses, but by far the most regularly cited complaint related to the “extremely high taxeson agricultural land”. Respondents also suggested that these high taxes have not resulted in an elevated level of municipal services. The other perceived disadvantages of Elgin County are listed below. High development costs Distance to market and high shipping/ transportation costs A small population base with relatively low household incomes Lack of high speed internet in rural areas Few attractions to draw in tourists Few active supports for small businesses and young farmers Programs to address ElginCounty’s perceived disadvantages As a follow-up question, participants were asked to suggest programs that might address Elgin County’s disadvantages. The majority of participants did not respond to this question. Nevertheless, several themes emerged from those participants that did respond. The overriding theme centered on streamlining regulationsas to allow business owners a more ‘user friendly experience’. In this vein, one respondent noted that the Elgin Resource Business Center is not always helpful. In one instance a farmer approached the Center regarding theSand PlainsCommunity Development Fund. Staff at the Center suggested that there was no funding available for his operations. The farmer voiced concern at the funding process as “we are young farmers who are running an organic farm and cannot see the support from the County/province that we so often hear on the news is available.” This case speaks to several comments that requested a stronger support system for present businesses. 64 Further comments suggested a reassessment of the tax baseon a “more fair schedule” and the promotion of an active local food program/group. 4 Next Steps A number of key themes have emerged from the survey results. These themes are presented below along with suggested next stepsfor the Countyof Elgin.In most cases, the recommended next steps echo action items alreadyarticulated in the following reports: County of Elgin’s Economic Development Strategy and Action Plan 2011-2014 AgritourismDevelopment Strategy and Marketing Plan for Southwestern Ontario Tourism Corporation Elgin County’s Agricultural Profile (2009) Improved permit and regulatory approval process An‘improved permit and regulatory approval process’ was commonly cited by businesses asa key to future growth. ‘Marketing programs’ and ‘municipal agricultural support’ were also commonly noted. While the County does not have the ability or authority to address all of these needs, it is in a position to influence thinking on these issues, particularly at the local level. In the case of improved regulatory approval processes, drawing attention to the impact of delays or other related issues is arole for the County. As the County assumes more planning responsibilitieswith the approval of its Official Plan, there isfurther opportunity to educate local municipalities on the need to streamline official plan policies and local zoning regulations. Next Steps: Supportand provide guidance forlocalmunicipality’sto streamline the development approvals process including: zoning/rezoning, building permit application, severance building application etc. Provide businesssupport to help navigatethe regulatory environment.This could take the form of an onlineBusiness Development Guide to help navigate the local and provincial permitting process. Promote the opportunities associated with the recent Elgin County 2013 Official Plan (draft) amendments. Support for Succession Planning, Business Planning Elgin’s Agri-food sector is dominated by producers,butmany of these operators do not appear to be thinking long term about their businesses. One third of all respondents indicated that they have no succession plan, business plan, or marketing plan in place. 65 Moreover, many operators have been actively farming in the area for more than 35 years. This suggests that succession planning may becomean issue for the long term growth and sustainability of the sector. Only one quarter of those surveyed had been doing so in Elgin for less than 10 years. Next Steps: Build on the actions associated with “Develop understanding and pride in from the County of Elgin Economic Development Strategy 2011-2014. agriculture” Work with the Elgin Business Resource Centre to develop targeted workshops and reference materials tosupport succession and business planningfor the County’s agricultural sector. Value added processing The increasing range of speciality crops that are being grown in Elgin suggests the potential to diversify the County’s agriculturebase and further development value added opportunities.Half of all the companies surveyed expressed interest in the diversification of their business toinclude value added processing. Next Steps: Continuethe suggestions and actions outlined in the County of Elgin’s Economic Development Strategy and Action Plan 2011-2014 and Elgin County’s Agricultural Profile (2009). Investigate options for a value-added food study that gives consideration to the growth prospects for organic food, niche crops, vineyards, slow food industry, small and medium scale food processing etc. Support the development of value-added businesses by establishing a relationship between the Elgin Federation of Agriculture, local farmers and the Niagara College Brew Master program. Local food distribution network Elgin County’s agri-food sector could be strengthened by supporting a local food distribution network.By leveraging the ‘Buy Local, Buy Fresh Elgin Campaign, this network could increase the supply of fresh, seasonal produce across the County and further educate area businesses, institutions and community organizations of the opportunities associated with local food. Next Steps: Contact ErieInnovation and Commercialization to access research conducted on local food distribution studies. Publish advice and guidance on the best ways to tackle distribution issues. This should include best practice research into existing projects throughout theCounty. 66 Enhanced Marketing In several areas of the survey, respondents indicated a need for marketing supportfor their operations. One third of respondents noted that they are without amarketing plan while others noted that alack of marketing support was a barrier to improving their business. Next Steps: Encourage local providers to leverage the County’s marketing efforts. Continue to engage local providers and leverage the marketing efforts of the ‘Buy Local, Buy Fresh’ Elgin Campaign, Savour Elgin,Southwest Ontario Tourism Corporation, and the Ontario Culinary Tourism Alliance. Online Toolkit for Agri-businesses Another reoccurring theme in the survey responses highlighted the need for a more centralized location forkeyinformation relating specifically to agri-food businesses. This toolkit could address several of themes described in this section.This toolkit should also leverage Ontario’s Southwest Agritourism Toolkit. Next Steps: Building on the efforts outlined earlier, develop an online toolkit with information pertaining to the following areas: Government grants, programs and other sources of funding for agri-businesses Business Development Guide Opportunities associated with the recent Official Plan amendments Opportunities for new investment in the County’s agricultural sector such as vineyards, breweries, organic farming etc. Succession Planning, Business Planning workshop information Advice and guidance on the best ways to tackle distribution issues. This should include best practice research into existing projects throughout the Country. 67 REPORT TO COUNTY COUNCIL FROM: Alan Smith, General Manager Economic Development DATE: March 5, 2013 SUBJECT: Funding Agreement: Elgin Business Resource Centre Satellite Offices INTRODUCTION: On January 8, 2013, County Council passed the following resolution: “THAT the Aylmer Elgin Business Resource Centre (EBRC) pilot satellite office be made permanent according to specific terms and the west-end satellite office be opened at a net cost increase of $170,000 annually funded by an incremental 0.7% tax increase.” This report reviews the proposed funding agreement between Elgin County and the Elgin Business Resource Centre that requires Council’s approval. The agreement outlines specific terms over a three- year period for operating satellite offices in Aylmer and in Dutton/Dunwich. The rationale of locating the west-end satellite office in Dutton is also provided. DISCUSSION: Appendix 1 contains the proposed funding agreement between the County of Elgin and the EBRC. The agreement commences on January 1, 2013, and ends on December 31, 2015, with the County paying the EBRC $210,000 each calendar year during that time frame. Of that latter figure, $75,000 is attributed to the satellite office in the western portion of the County. If for some reason that it is determined that the one- year pilot project in the west should be discontinued, then funding would continue for the Aylmer site of $135,000 per year. It should be stressed that the County has the right to terminate the Agreement on 60 days’ advance written notice to the EBRC. The proposed Agreement also provides specific details on termination, services provided, expenses, branding, and reporting. With respect to the latter, a staff advisory committee will be formed consisting of senior staff of the Elgin Country Economic Development department and the EBRC, to monitor the progress of each office and provide strategic guidance for both sites. The committee will meet monthly. The EBRC will also be responsible for submitting quarterly reports of the operations and activities of the satellite offices to the County’s General Manager of Economic Development. As mentioned earlier in this report, the Municipality of Dutton/ Dunwich, specifically, the municipal office situated at 199 Currie Rd, Dutton, has been selected to be the location for the satellite office for the western portion of the County. EBRC staff visited five sites in total: two locations in Dutton, the Municipality of Dutton/ Dunwich Office, and the Dutton Medical Complex; two in West Lorne, the West Elgin Community Complex and 68 the West Elgin Arena; and one in Rodney, in the Municipality of West Elgin Office. It was determined that the municipal office in Dutton met all of the following basic site criteria: Location provided to EBRC from the municipality at no cost Situated in a higher visibility traffic area or town location Office should be able to be locked and accessible after business hours Main floor for ease of access would be ideal with special needs accessibility Potential to install signage in a high visibility area on the exterior of the building and on the interior at entrance, doors or windows Phone and/or internet service already onsite General building reception and access control Use of meeting facilities (scheduled access works) The selected site also has the advantage of being centrally located in the west. This location will also appeal to those individuals in the Southwold area. A complete review of all potential sites is provided in appendix 2. It should be noted that municipal representatives of West Elgin and Dutton/ Dunwich are in agreement with the selected location. However, both parties stressed that in order for the satellite office in Dutton to be successful, promotion of the office must be conducted throughout the Municipality of West Elgin. It should be noted that the County Economic Development department will also be responsible for the promotion and marketing of both satellite offices. This will be similar to the role the department had promoting the original pilot project in Aylmer. Consequently, staff will ensure that marketing of the Dutton office will also be conducted in West Elgin and portions of the Township of Southwold. CONCLUSIONS: A proposed funding agreement between the County of Elgin and the Elgin Business Resource Centre for the operating of an EBRC satellite office in Aylmer and one in Dutton Dunwich has been drafted for Council’s approval. With the Agreement in place, the successful work of the Aylmer location can continue, while the western portion of the County will now have a business office to support local entrepreneurs and those current businesses seeking resources to maintain operations and/or expand. RECOMMENDATION: THAT County Council directs the Chief Administrative Officer to sign the funding agreement with the Elgin Business Resource Centre pertaining to an EBRC satellite office in Aylmer and a satellite office in Dutton/ Dunwich. 69 All of which is Respectfully Submitted Approved for Submission Alan Smith, General Manager Mark G. McDonald Economic Development Chief Administrative Officer 70 THIS AGREEMENT made in quadruplicate this ___________ day of ___ BETWEEN THE CORPORATION OF THE COUNTY OF ELGIN (hereinafter “Elgin”) of the First Part and ELGIN COMMUNITY FUTURES DEVELOPMENT CORPORATION, carrying on business as Elgin Business Resources Centre (hereina of the Second Part Whereas EBRC provides guidance and assistance to businesses oper limits of the County of Elgin, including but not limited to coun maintenance and/or expansion of business operation; And whereas EBRC seeks monetary funding from Elgin to defray the services to those businesses operating within Elgin County; And whereas, based upon the success achieved in a joint pilot pr year 2012, Elgin is prepared to provide such funding to EBRC for conditions acceptable to Elgin; And whereas EBRC is prepared to accept such funding for that ter acceptable to Elgin. Now, therefore, in consideration of the mutual covenants and com Agreement, the sufficiency of which is hereby acknowledged, Elgi 1.0 Term 1.1 Subject to early termination of this Agreement in accordance 7.0 below, the term of this funding Agreement shall be for three commencing April 1, 2013 and ending March 31, 2016. 2.0 Funding 2.1 Subject to early termination of this Agreement and/or closur both of the satellite offices contemplated hereunder, Elgin shal maximum total sum of two hundred ten thousand dollars ($210,000. calendar year to defray the costs of providing services describe East Elgin area and the West Elgin area. 2.2 Elgin agrees that, subject to early termination of this Agre reduction in funding as a consequence of closure of either or bo offices contemplated hereunder, the funding referred to in secti 71 be paid to EBRC by April 30th of each calendar year during the t Agreement, commencing April 30, 2013. 2.3 For purposes of this agreement and in respect of the said to funding of $210,000.00, the sum of $135,000.00 shall be attribut services for the satellite office operating in the East Elgin ar $75,000.00 shall be attributed to the operation of the satellite West Elgin area. 2.4 The parties hereto agree that, during the effective term of EBRC shall use the funding referred to above by March 31 of the year, save and except for the third year of the term hereof, in funding shall be utilized and/or committed by EBRC on or before 2015. 2.5 In the event that either: 2.5.1 the satellite office in the West Elgin area is closed prio end of the term of the pilot project operating during the calend 2013, then the funding to be paid by Elgin to EBRC for each of t following two (2) years of the term of this Agreement shall be r the full sum of $75,000.00; and/or, 2.5.2 either or both of the satellite offices are closed by EBRC any calendar year in the term of this Agreement, then the propor share of the funding for such calendar year during which the clo such office or offices occurred shall be repaid by EBRC to Elgin days of the effective date of such satellite office closure and, no further funding shall be paid by Elgin to EBRC for the balanc term of this Agreement as attributable to the operations of such satellite office. 3.0 Services 3.1 Through operation of satellite offices in the East Elgin and areas, in the latter case solely as a pilot project during calen shall provide the following services with a view to promoting en start-up, and business expansion and retention within the County i) counselling for businesses planning and start-up phase (self- employment); ii) counselling for businesses in retention and expansion phase; iii) information on existing government programs for business (g training, etc.); iv) assistance with the development of applications for access t government programs and funds; v) financial assistance in the form of loans; vi) partnership and leveraging opportunities in business; vii) advice through an accountant/lawyer referral service; viii) access to mentorship and an entrepreneur – specific resour ix) workshops and seminars; x) networking and professional development opportunities; 72 xi) guidance on licenses, permits, registration, regulations and requirements; and, xii) business incubation as available space within satellite off premises permits. 3.2 In the East and West Elgin areas, EBRC shall seek and secure office space, in an appropriate location, at no base cost. 3.3 EBRC acknowledges and agrees that services as set forth abov provided in a timely, professional, and courteous manner by qual acting under the direction of management of the EBRC facility in Ontario. 4.0 Expenses 4.1 Without limiting the nature or amount of same, the parties h acknowledge and agree that anticipated expenses include, but are limited to, wages (counsellor/administrative support), benefits contributions (counsellor/administrative support), telephone, te and development, and office expenses. 5.0 Branding 5.1 EBRC agrees that, during the effective term hereof and at al times, opportunities, and manner, including but not limited to b and program advertising, it will utilize the Elgin County brandi not limited to insignia and slogans, in recognition of the finan payments by Elgin as contemplated by this agreement. 6.0 Consultation/Reporting 6.1 The parties hereto agree that, during the effective term her establish a Staff Advisory Committee formed by appropriate repre both EBRC and Elgin to provide strategic guidance for the satell contemplated by this Agreement, including but not limited to rev performance of such operations in relation to indicators of cons expansion and retention in the East Elgin and West Elgin areas. 6.2 The Staff Advisory Committee shall meet on a monthly basis. 6.3 EBRC, on a quarterly basis and through its general manager, to Elgin, through its general manager of economic development, a of the operations and activities of the satellite offices contem Agreement, including indicators of business expansion and retent appropriate explanations thereof). 6.4 EBRC, on an annual basis and through its general manager, sh to Elgin, through its general manager of economic development, a end reports of the operations and activities of the satellite of this Agreement, including as to expenditures and indicators of b and retention (with appropriate explanations thereof); provided reports shall be delivered to Elgin on or before May 31 of each previous operating years, commencing May 31, 2014 and ending May 6.5 At all times and on an ongoing basis, EBRC shall assess, aga objective standard, the performance of each satellite office as hereunder in relation to business expansion and retention indica 73 event that EBRC shall at any time determine that either or both failing to achieve reasonable results, EBRC shall immediately so through the general manager of economic development, and, in con the said general manager of economic development, consider the m continuation and/or cessation of operations of such office or of necessary, closure of such office or offices. 7.0 Closure of Satellite Offices/Early Termination of Funding 7.1 In the event that EBRC determines and reports to Elgin that of the satellite offices contemplated hereunder are failing to a results in relation to business expansion and retention and shou in the event that Elgin, on its own accord, determines that eith offices are not achieving reasonable results in relation to busi retention, Elgin shall have the right to terminate this Agreemen contemplated hereunder on 60 days’ advance written notice to EBR 7.2 In addition to its right to terminate this Agreement and the contemplated hereunder in accordance with section 7.1 above, Elg times and for all and any other reason or reasons have the right Agreement and the funding contemplated hereunder on 60 days’ adv notice to EBRC. 7.3 In the event that it determines that either or both satellit contemplated hereunder are failing to achieve reasonable results business expansion and retention and should be closed, EBRC shal and shall close either or both such satellite offices and shall advance written notice of such closure to Elgin. 7.4 In the event that notice is given pursuant to either section above, this Agreement shall be terminated and be at an end upon date of such notice (being at the end of the 60 day written noti unused funding as at such effective date of termination shall be accordance with subsection 2.5 above. 8.0 Miscellaneous Terms 8.1 Notices If any notice is required to be given by either party with respe Agreement, such notice shall be in writing and delivered to: a)To Corporation of the County of Elgin – Chief Administrative Off rd 450 Sunset Drive, 3 Floor St. Thomas, ON N5R 5V1 b)To EBRC – Elgin Business Resources Centre 300 South Edgeware Road St. Thomas, ON N5P 4L1 Attention: General Manager 8.2 Severability If any provision of this Agreement shall be found or declared by competent jurisdiction to be invalid, unenforceable or , then ultra vires such provision shall be deemed to be severed and the remainder o Agreement, with necessary changes, shall remain in full force an 74 75 DATED this day of , 2013. B E T W E E N : THE CORPORATION OF THE COUNTY OF ELGIN - and - ELGIN COMMUNITY FUTURES DEVELOPMENT CORPORATION, carrying on business as Elgin Business Resources Centre _________________________________________ A G R E E M E N T ______________________________________ McKenzie Lake Lawyers LLP 1800-140 Fullarton Street London, Ontario N6A 5P2 SHG:bd 76 Appendix2 ReportonSiteVisitsforPotentialEBRCSatelliteOfficeinWesternElginCounty DateofSiteVisits:January30,2013 Objective:ToviewandevaluatepotentiallocationsforanElginBusinessResourceCentre(EBRC) satelliteofficetobetterserveandcontributetothebusinessandeconomicdevelopmentneedsof WesternElginCounty. BaseNeedsCriteria:Whileofficespacerequirementsaremodest,therearesomebasecri teriaand/or siteneedsthatshouldbemet,regardlessofspecificlocation,asfollows: LocationprovidedtoEBRCfromthemunicipalityatnocost Situatedinahighervisibilitytrafficareaortownlocation Officeshouldbeabletobelockedandaccessibleafterbusinesshours Mainfloorforeaseofaccesswouldbeidealwithspecialneedsaccessibility Potentialtoinstallsignageinahighvisibilityareaontheexteriorofthebuilding,andonthe interioratentrance,doorsorwindows Phoneand/orinternetservicealreadyonsite Generalbuildingreceptionanda ccesscontrol Useofmeetingfacilities(scheduledaccessworks) PotentialSiteLocations: Inall,5siteswerescouted:TwolocationsinDutton,theMunicipalityofDuttonDunwichOffice,andthe DuttonMedicalComplex;twoinWestLorne,theWestElginCommunityComplexandtheWestElgin Arena;andoneinRodney,intheMunicipalityofWestElginOffice.Notallsiteswereabletomeetallof thebaseneeds.Thethreesiteslistedbelowarepresentedinorderofbestoptionswithfurther explanationasfollows: 77 A.MunicipalityofDuttonDunwich,199CurrieRd,Dutton,ON Thissitemetallofthebaseneeds.Thisofficedoorwouldrequirealocktobeinstalled.This officewasavailablewithfurnitureandphone/internetonsite.Receptionserviceswerejust insidethefrontdoorInaddition,thebuildingisakn ownservicehubwithServiceOntarioonsite, alongwithanaccessiblelargemediaspaceonthesecondfloorwherelocalevents,plays,and concertsareheld.Locatedatawxintersectiononthemainstreet,intheheartoftown,signage waspossibleontheexteriorofthebuilding(toth erightabovethefrontdoorwhichis consistentwiththebrandingatoureasternElginoffice).Therewasalsoanareaforinterior signageandabrochurerackinthefrontlobbyjustoutsidetheglassdoorentrancetothe Municipaloffice.Overallthissitewasanexcellentpossibility. B.MunicipalityofWestElgin,22413HoskinsLine,Rodney,ON Thissitemetmostofthebaseneedscriteria.Thisofficeislocatedinamoreremotepartofthe regionattheMunicipalofficeadjacenttotheWestElginFireDepartment(sharedbuilding)in thenorthendofRodney.ThisofficeiscurrentlyavailableeverydayexceptTuesdayafternoon. However,possiblesharedusewouldnotinterferewithourneeds.Forbestvisibility,exterior signagewouldbepermittedandmostlikelyinstalledonthefrontlawn.Interiorsignagecouldbe placedatentrance,doorsandwindows.ReceptionServiceswerelocatedinsidethefrontdoor. 78 C.WestElginCommunityComplex,160MainSt.(PioneerLine),WestLorne,ON Thissitemetanumber,butnotall,ofthebaseneeds.Theofficeiswelllocatedatthemain intersectioninWestLorne,atGrahamRdandPioneerLine.Thelocationiswithinthecentral regionoftheprospectiveterritory,inaknownservicehubwiththeWestLorneLibraryadjacent totheCommunityComplex.EmploymentServicesElginisalsointhesamelocationonthemain floor.Thepotentialofficespacewaslocated,however,inthebasementorlowerlevel,with lessvisibility,albeittherewasanelevatorforspecialneedsa ccess.Thefacilitydidhavesome currentwater/floodingissuescreatingamustyenvironment.Theofficedoorwouldrequirea locktobeinstalled.Signagepossibilitiesontheexteriorofthebuildingwerelimited.Itwas suggestedthatanareaofstonelandscapingonthewestsidecouldbeusedtosituateasign duringarelandscapingprojectplannedforJuly2013.However,immediatesignagewouldbe necessarytolaunchthispilotprojectsuccessfully.Interiorsignagemaybepossible,insidethe frontdoor.Thisfacilitydidhaveanexcellentmeetingroom,andmetallotherneedsforbasi c services/necessitiesonsite. Reportpreparedby: MarkMasseo,BusinessCounsellor,EBRC‘WesternElginCounty JohnReganEc.D(F)GeneralManager MarilynCreweCEDofficer RondaStewartSBECManager MarkMasseo,BusinessCounsellor,EBRC‘WesternElginCounty 79 REPORT TO COUNTY COUNCIL FROM: Sonia Beavers Purchasing Coordinator DATE: February 20, 2013 SUBJECT: Quarterly Information Report - Contract Awards (October 1, 2012 to December 31, 2012) and Direct Negotiation and Expenditures (January 1, 2012 to December 31, 2012) INTRODUCTION: As per the County of Elgin's Procurement Policy 10.1; “ an information report containing the details relevant to the exercise of delegated authority for all contracts awarded that exceed $10,000 including amendments and renewals is to be prepared and reported to Council on a quarterly basis”. In addition, the County of Elgin’s Procurement Policy 3.14 states; “Any expenditure exceeding $50,000 for a one time purchase or over an annual basis must be reported to Council”. DISCUSSION/CONCLUSION: The Council of the Corporation of the County of Elgin delegated authority to the Directors to award contracts as follows; Value Report Status Greater than $10,000 No report to Council required if within 10% of the but less than $50,000 approved budget allocation Greater than $50,000 No report to Council required if within approved budget but less than $100,000 However, Council also approved that a quarterly information report would be brought forward containing details of the award of contracts including amendments and renewals. The detailed report of the award of contracts is attached as Appendix A. The Council of the Corporation of the County of Elgin delegated authority to the Directors to purchase goods and services using the Direct Negotiation method. The Policy states as long as an attempt to purchase the required goods and services has been made in good faith, the goods or services can be purchased using the Direct Negotiation method. Purchases made using the Direct Negotiation method will be reported to Council on an annual basis. In addition, 80 any expenditure exceeding $50,000 for a one-time purchase or over an annual basis must be reported to Council. The details of the Direct Negotiation, one time purchases and purchases exceeding $50,000 over an annual basis is detailed in Appendix B. RECOMMENDATION: THAT the Quarterly Information Report - Contract Awards, (October 1, 2012 to December 31, 2012) and Direct Negotiation and Expenditures Report dated January 1, 2012 to December 31, 2012 be received and filed. All of which is Respectfully Submitted; Approved for Submission by; Sonia Beavers Mark G. McDonald Purchasing Coordinator Chief Administrative Officer Jim Bundschuh Director of Financial Services 81 APPENDIX A Purchases/Projects greater than $10,000 October 1, 2012 to December 31, 2012 Department Budget Project Award Bid Price Allocation(taxes extra) I.T. Capital Hardware CDW Canada $33,066.84 I.T.Capital Upgrades to Software Kronos $46,997.27 and yearly Equipment and Software Support Services Engineering Capital Carpet ReplacementBernardo Group $20,850.00 County Building Engineering Capital Floor Replacement – Stonhard $17,500.00 Tub Rooms Terrace Lodge I.T.Operational Laserfiche Rio – MC Imaging $14,184.00 Software Assurance Program Engineering Capital Heat Pumps Carrier Enterprise $10,800.00 Bobier Villa Capital Steamer Hendrix Restaurant $ 9,597.52 Equipment 82 APPENDIX B Direct Negotiation, one time purchases and purchases exceeding $50,000 over an annual basis. January 1, 2012 to December 31, 2012 Department Budget Purchase Award Bid Price LastContract Allocation(includesTenderedRenewal taxes)DateDate rdrd HumanOperational Benefit Carrier Manulife $1,095,807 3 Party 3 Party ResourcesFinancialTenderTender (Mosey & (Mosey & Mosey) Mosey) Homes Operational Raw Food Sysco $ 812,845 Complete Ongoing Purchasing Engineering Capital Consulting Spriet$ 332,927 Governed Governed FeesAssociates underunder ConsultingConsulting ServicesServices Homes Operational Linen Service Brite Linen $ 318,847 2012 2014 CommunityCapital Books Library Bound $ 181,789 Southern Southern and Cultural OntarioOntario ServicesLibrariesLibraries ConsortiumConsortium AllOperational Legal Services Hennessey, $ 162,374 2011 2014 Departments Gibson and Hogan Homes Operational Maintenance Arjohuntleigh $ 147,984 Sole Source Sole and Service CanadaSource Agreements Engineering Operational HVAC Climate$ 125,452 2010 2012 MaintenanceControl and Repair Homes Operational Incontinent MedPro$ 117,310 2011 2014 ProductsDirect AllOperational Phone/Cable Eastlink $ 102,037 Sole Source Sole Departments ServiceSource I.T. Operational Software &CDW Canada $ 101,430 Prov. Of Prov. Of Hardware OntarioOntario Homes Operational Nursing Medical Mart $ 94,717 Complete Complete SuppliesPurchasing Purchasing EconomicOperationalVariousYfactor $ 90,245 Single Single Development and Capital ProjectsSourceSource and Tourism Engineering Operational Cleaning J&A Cleaning $ 86,228 2011 2016 Contract for Services Administration Building 83 APPENDIX B Direct Negotiation, one time purchases and purchases exceeding $50,000 over an annual basis. January 1, 2012 to December 31, 2011 Department Budget Purchase Award Bid Price LastContract Allocation(includesTenderedRenewal taxes)DateDate Engineering Operational Various RMB$ 82,788 On-going On-going ProjectsCommunications Homes Operational Dietitian Barker Blagrave $ 80,084 2012 2013 Services AllOperational Various Swish$ 76,825 EMOP EMOP Departments Dietary,MaintenanceTenderTender Housekeeping and Building supplies Engineering Operational Sewage Ontario Clean $ 66,080 2011 2013 TreatmentWater Agency Plant Engineering Operational Consulting Golder$ 59,377 Governed Governed FeesAssociates underunder ConsultingConsulting ServicesServices Engineering Operational Electrician Whalls Electric $ 55,042 2010 2013 Services I.T. Operational Software and Kronos $ 53,107 Sole Source Sole and Capital HardwareSource upgrades 84 REPORT TO COUNTY COUNCIL FROM: Rhonda L. Duffy, Director of Homes & Seniors Services DATE: March 4, 2013 SUBJECT: Behavioural Supports Ontario (BSO) Long-Term Care Home Staffing Resources - Additional Funding Announcement for Personal Support Worker INTRODUCTION: The South West Local Health Integration Network (SWLHIN) has announced additional base funding in 2013/2014 to provide additional Personal Support Worker (PSW) positions in addition to the previous announcement of 2012/2013 funding. This additional funding is specific to the Behaviours Supports Ontario (BSO) project. DISCUSSION: The BSO project is a collaborative partnership among LHINs, Alzheimer Society of Ontario, Health Quality Ontario (HQO) and the Ministry of Health and Long-Term Care (MOHLTC). The purpose of the project is to ensure a collaborative care approach will be utilized to improve access to care and transitions of care for older adults with responsive behaviours across the care continuum. The SWLHIN has allocated additional funding for 2013/2014 to add additional PSW positions to further support residents with responsive behaviours. Funding is being provided to the annual base funding for each home and one-time funding to be spent by March 31, 2013. Funds must be used to create specialized behavioural support positions and may only be used for the salary and benefits of personal support workers and cannot be used to support other operating or education costs. The funding allocation per home is as follows: PSW2013 One-time Base Funding Funding Bobier Villa $2,516$2,516 Elgin Manor $3,402$3,402 Terrace Lodge $3,873$3,873 CONCLUSION: The SWLHIN, as part of the BSO Initiative, has announced additional funding for PSW staff is being added to the base funding for 2013/2014. Unspent one-time funding will be recovered by the LHIN. 85 RECOMMENDATIONS: THAT the CAO be directed to sign the Behavioural Supports Ontario (BSO) additional funding agreement for 2013/2014; and, THAT the report titled “Behavioural Supports Ontario (BSO) Long-Term Care Home Staffing Resources - Additional Funding Announcement for Personal Support Worker” dated March 4, 2013 be received and filed. All of which is Respectfully Submitted Approved for Submission Rhonda L. Duffy Mark G. McDonald Director of Homes & Seniors Services Chief Administrative Officer 86 REPORT TO COUNTY COUNCIL FROM: Rhonda L. Duffy, Director of Homes and Seniors Services DATE: February 19, 2013 SUBJECT: Housekeeping/Laundry Policy – 2.23.1 & 2.23.2 Revisions and Addition INTRODUCTION: The Ministry of Health and Long Term Care regulations state that: “all residents’ personal items and clothing be labelled within 48 hours of admission and of acquiring.” These regulations also state that “there is a process to report and locate resident’s lost clothing and personal items.” Based on these regulations the current policy 2.23 has been revised and policy 2.23.2 has been added. DISCUSSION/CONCLUSION: In order to meet the Ministry of Health and Long Term Care regulations for Laundry service, the current policy has been revised. As part of the Continuous Quality Improvement practices, these forms and policies will simplify the admission process and ensure resident’s personal items are labeled and accounted for. This process addresses the process for new admissions, additions to existing resident belonging inventory and for missing personal laundry items. This process will assist the home staff in more efficient tracking of missing clothing and provide an improved service to residents and family while ensuring compliance with the Long Term Care Act, 2007. RECOMMENDATIONS: THAT Council approve the revisions to the Housekeeping/Laundry Policy 2.23.1; and, THAT Council approve the new policy Housekeeping/Laundry Policy 2.23.2 - Personal Clothing Item: Missing; and, THAT the reports titled Housekeeping/Laundry Policy – 2.23.1 & 2.23.2 Revisions and Addition” dated February 19, 2013 be received and filed. All of which is Respectfully Submitted Approved for Submission Rhonda L. Duffy Mark G. McDonald Director of Homes and Seniors Services Chief Administrative Officer 87 DRAFT HOMES AND SENIORS SERVICES POLICY & PROCEDURE NUMBER: 2.23 DEPARTMENT Housekeeping/Laundry SUBJECT: Personal Belonging Inventory : APPROVAL DATE: March 2013 REVISION DATE:___________ Page 1 of 1 PURPOSE: To ensure residents’ personal items, personal aides (i.e. hearing aides; glasses) and clothing are labelled in a dignified manner upon admission and on an on-going basis. PROCEDURE: 1.A Personal Belonging Inventory form is to be included in all Admission Packages and reviewed with resident/personal representative at the time of admission. 2.Personal belongings; aides and clothing are to be recorded by the resident/personal representative where possible. 3.The resident or personal representative shall sign the Personal Belonging Inventory form once completed. 4.The Personal Belonging Inventory form is to be included with the residents’ clothing to be labelled and delivered to laundry. The Personal Belonging Inventory form shall be retained on file in the laundry department. Upon discharge, the form shall be forwarded to administration staff and kept on file in the residents’ record. 5.Nursing staff are to ensure appropriate labelling of personal aides/belongings other than clothing. 6.A photograph of any jewellery shall be provided to the administrative staff for identification purposes. 7.New items ( i.e. clothing/purse/chair/picture) are documented in progress note section of Point Click Care by registered staff under “Laundry Request Progress Note”. 8. Laundry staff will update the Personal Belonging Inventory form as new items are being received for labelled. 88 DRAFT HOMES AND SENIORS SERVICES POLICY & PROCEDURE NUMBER: 2.23.2 DEPARTMENTHousekeeping/Laundry SUBJECT: Personal Clothing Item: Missing : APPROVAL DATE: __March 2013_________ REVISION DATE:___________ Page 1 of 1 PURPOSE: To ensure residents’ personal clothing is in the proper location a follow-up procedure will be implemented on all reports of missing clothing. PROCEDURE: 1.Staff/family member/resident will complete a “Personal Clothing Item: Missing” form promptly when an item of clothing is reported as missing. A detailed description will be documented when possible. 2.The form will be forwarded to the MSS who will contact the contract linen company with the details of the missing item. 3.The form will then be given to laundry staff and placed on a clip board. 4.Staff will look for lost item when processing laundry as well as when delivering laundry to residents’ rooms. 5.When item is found, it is immediately returned to residents and the form is “crossed off” as found. Forms are to be files by MSS. 89 ELGINCOUNTYHOMES&SENIORSERVICES INVENTORYOFRESIDENT'SPERSONALEFFECTS Resident'sName:________________________________ ____________________________________________________ Today's Date Signature of Resident/Personal Respresentative The Homes' staff will ensure clothing items are properly labelled. Please provide a list of all items upon admission and each time new items are brought in to the Home. Please note that Residents are encouraged not to bring valuables. The Home is not responsible for lost or damaged items. ClothingFurnishings/otherbelongings QuantityQuantity AFGHANBIBLE BLOUSECANE BOOTSCHAIR BRACHANGEPURSE COATCHESTOFDRAWERS COMFORTERSCLOCK DRESSDENTURES:U()L() GIRDLEDUSTERS GLOVESEYEGLASSES HANDKERCHEIFHEARINGAIDE HATJEWELRYBOX HOSERY/PANTYHOSELAMP:FLOOR()TABLE() HOUSECOATLAUNDRYCONTAINER JACKETMAGNIFYINGGLASS NIGHTGLOWNSPURSE PANTIESRADIO PAJAMASRAZOR SCARVESREMOTECONTROL SHAWLTV SHOESTVSTAND SKIRTSWALKER SLACKSWALLHANGINGS/PICTURES SLIPPERSWALLET SLIPSWHEELCHAIR Jewelery SWEATPANTS SWEATSHIRT/TOPS/š­’;·z- SWEATSUITRings SWEATERSBracelet/Necklace UNDERSHIRTSEarRings Watch ValuableJewelery**Picturesattached** Rings Bracelet/Necklace EarRings Watch 90 91 REPORT TO COUNTY COUNCIL FROM: Rob Bryce, Director of Human Resources DATE: February 6, 2013 SUBJECT: Employee Benefits Renewal 2013 INTRODUCTION: The annual renewal report for the County of Elgin and member municipalities from Mosey and Mosey, Benefits Consultants was received on February 4, 2013. The report summarizes their analysis of the group benefits renewal action required by Manulife Financial, effective March 1, 2013. As part of the 2013 benefits renewal, Human Resources staff worked with Mosey and Mosey to ensure that benefit coverage and associated underwriting costs continue to remain competitive. County staff is satisfied with the renewal as negotiated on our behalf by Mosey and Mosey with Manulife Financial and recommends renewal of this year’s employee benefits program with them. DISCUSSION: Mosey & Mosey has a large block of business with Manulife Financial and a good business relationship with the insurer. As a result of this partnership, they are able to negotiate better overall renewal costs for the County of Elgin and participating municipalities. For rating purposes, the County of Elgin and member municipalities consortium plan have been regarded as one large group in order to attain the best rates, allowing participating lower-tier members the benefit of increased purchasing power that is available through pooled insurance. Membership currently includes Central Elgin, Bayham, Malahide, Dutton/Dunwich, Aylmer and Southwold. In 2012, as part of the County’s Request for Proposal and subsequent renewal with Manulife Financial, Mosey and Mosey was able to negotiate a two-year rate guarantee on Group Life and Long Term Disability benefit premiums until March 2014. Therefore, there will be no change to these rates for this renewal. The Extended Health Care and Dental Care benefits are underwritten on a fully experience-rated basis. Rates are established based on the financial results generated by the paid premium and paid claims experience for the County of Elgin and member municipalities consortium plan. 92 For Council’s information, the table below summarizes the 5-year history of Manulife Financial renewal rate action, by benefit line: 20092010201120122013 BenefitRenewalRenewalRenewalRenewal Renewal Life 12.6% (5.0)% 18.8% (25.0)% No Change AD&D No Change No Change No Change No Change No Change LTD No Change (5.0)% (20.0)% No Change No Change EHC 3.8% 0.0 12.9 % (2.2)% 9.0% Dental 3.0% 2.0%(2.4)%7.1%(4.1)% +ODA Fee +ODA Fee +ODA Fee +ODA Fee +ODA Fee GuideGuideGuideGuideGuide IncreaseIncreaseIncreaseIncreaseIncrease Overall 3.5% (0.9)% 4.0% (1.9)% 4.0% The negotiated renewal costs with Manulife Financial will result in an upward adjustment in overall premiums – an increase of 4.0% for the County of Elgin’s plan representing an additional annual cost over current rates of $43,776. Considering Manulife Financial’s proposed renewal increase of 6.6% or $72,108 annually, the County of Elgin has realized an overall annual cost avoidance of $28,332 with the help of the County’s benefits consultants, Mosey and Mosey. CONCLUSION: Human Resources staff is satisfied with the prosed renewal and recommends acceptance of the renewal rate adjustments with Manulife Financial effective March 1, 2013. A copy of the benefit consultant’s report, in its entirety, is available in the County Human Resources Office on the third floor, for review. RECOMMENDATION: THAT County Council approve the negotiated renewal rate adjustments with Manulife Financial for the County of Elgin, effective March 1, 2013. All of which is Respectfully Submitted Approved for Submission Rob Bryce Mark McDonald Director of Human Resources Chief Administrative Officer 93 REPORT TO COUNTY COUNCIL FROM: Peter Dutchak, Deputy Director of Engineering Services DATE: February 14, 2013 SUBJECT: Silvercreek Solar Farm Agreement INTRODUCTION Silvercreek Nominee Inc. is proposing to construct a solar power collection facility on Vienna Line in the Township of Malahide. In order to transmit their collected power to the hydro grid they have requested use of County roads to install a buried hydro transmission line. This report recommends entering into an agreement with Silvercreek Nominee Inc. to use portions of Imperial Road and Glencolin Line to install hydro transmission infrastructure. DISCUSSION / CONCLUSION Silvercreek Nominee Inc. is constructing a solar farm on Vienna Line in Malahide Township. Their collected hydro energy must be transmitted to the hydro electricity sub-station on Imperial Road north of the Town of Aylmer. Silvercreek Nominee Inc. has requested use of portions of Imperial Road and Glencolin Line to install a buried hydro transmission line. The proposed transmission line’s route also utilizes local roads to avoid the Town of Aylmer and permission to use local roads must be sought from the local road authority. The County Solicitor has prepared a licence agreement satisfactory to staff and the proponent to utilize road property similarly to a private utility. Highlights of the agreement include: a 20-year term, a $10,000 initial fee, a $5,000 annual fee and a requirement to maintain a minimum of $10 million liability insurance. The County also approves the location of the infrastructure prior to installation. The complete agreement is attached for Council’s information. The agreement has also been shared with Township of Malahide staff should they wish to utilize it or portions thereof. 94 RECOMMENDATION THAT the Warden and CAO be authorized and directed to enter into an agreement with Silvercreek Nominee Inc. to install transmission infrastructure on portions of Imperial Road and Glencolin Line. All of which is Respectfully Submitted, Approved for Submission, Peter Dutchak Mark G. McDonald Deputy Director of Engineering Services Chief Administrative Officer Clayton Watters Director of Engineering Services 95 This License Agreement made this_____ day of________________, 20 Commencement Ò). Date BETWEEN: THE CORPORATION OF THE COUNTY OF ELGIN (Hereinafter referred to as the ÑÒ) County OF THE FIRST PART AND: , a corporationhaving its principal SILVERCREEK NOMINEE INC. place of business at 49588 Vienna Line, Aylmer, Ontario. (Hereinafter referred to as the ÑÒ) Licensee OF THE SECOND PART the County is the owner of or otherwise exercises jurisdiction over certain WHEREAS public rights-of-way, highways, streets, ditches, and associated grassy areas and the allowances therefor more particularly identified in Schedule A hereto (collectively referred to as the Ñ Ò); RoadAllowances the Licensee has applied to the County for certain rights, privilege AND WHEREAS benefits and licenses (hereinafter referred to collectively as the ÑÒ) in the Road License Allowances in order to install, construct, maintain, and operate certain infrastructure for the transmission and distribution of electricity, including but not limited to, overhead and/or underground distribution lines and poles and related connections, attachments, apparatus, equipment and facilities which the Licensee may deem necessary in connection therewith (the Ñ Ò) within such Road Allowances in relation to its TransmissionInfrastructure development of a solar farm located at 49588 Vienna Line, Aylmer SilvercreekSolar Ò) pursuant to a Feed-in Tariff Contract with the Ontario Power Authority (the Ñ FarmFIT Ò); Contract the County has agreed to grant such License to the Licensee to install, AND WHEREAS construct, maintain, and operate such Transmission Infrastructure over, along, across or under the Road Allowances, subject to the terms and conditions s , in consideration of payment of the sum of ONE DOLLAR ($1.00) b NOW THEREFORE the Licensee to the County and the other good and valuable consi below, the sufficiency of which consideration is hereby acknowledged, the parties hereto agree as follows: 1.The County grants to the Licensee for a period commencing on the expiring on the date that is twenty (20) years from the date tha operation is achieved under the FIT Contract (the ÑÒ), the License to enter upon Term the Road Allowances with such persons, vehicles, equipment and machinery 96 necessary to place, replace, construct, re-construct, maintain, inspect, remove, enlarge, operate and repair the Transmission Infrastructure over, along, across, or under such Road Allowances. The Licensee shall provide the Count the date that commercial operation is achieved under the FIT Contract within thirty (30) days of receipt of confirmation of commercial operation from the Ontario Power Authority. If the Licensee is not in default under this Agreement, the Licensee shall have the option to renew this Agreement and the License contemplated here further period of ten (10) years. The extension shall be upon the same terms and conditions of this Agreement except that there shall be no further right of extension. The Licensee shall give prior written notice to the County of its intent to renew this Agreement at least six (6) months prior to the end of the Term. 2.The Licensee hereby acknowledges that the License shall not be e further acknowledges that the County may have granted or may oth other rights, privileges, benefits, licenses, or other interests to another person, party, agency, persons, parties, or agencies, at any time prior to or during the Term of this Agreement or any renewal thereof, provided that the County shall use reasonable commercial efforts to co-operate with and assist the Licensee in further grants and how they may impact the LicenseeÔs License, W Transmission Infrastructure.. The Licensee further acknowledges Agreement shall prohibit or restrict the County from entering upon any of the Road Allowances and conducting work thereon for its own municipal purposes, in respect of which the County shall not be required to provide notice to or seek approval from the Licensee provided that such work does not adversely affect t License, Work or the Transmission Infrastructure. 3.In consideration for the granting of the License set forth herein, the Licensee shall pay to the County, 3.1An initial payment of TEN THOUSAND DOLLARS ($10,000.00) on or be the date of execution of this Agreement; and 3.2An annual fee to be paid to the County on each anniversary of th Commencement Date for each year of the Term or any renewal there commencing on such first anniversary of the Commencement Date, i amount of FIVE THOUSAND DOLLARS ($5,000.00), such annual fee to be increased every five (5) years thereafter for the next five (5) year period, by the percentage increase in the CPI for the immediately preceding five (5) year period, provided that the cumulative increase in CPI for any such five (5) year period shall not exceed ten percent (10%). 4.The Licensee agrees that, in placing, replacing, constructing, reconstructing, maintaining, inspecting, removing, enlarging, operating, and/or repairing the Transmission Infrastructure or in otherwise undertaking any othe and/or in conjunction with the License (the ÑÒ), it shall use all due care and Work diligence to ensure no unnecessary or unavoidable interference with the traveled 97 5.The Licensee agrees that, prior to the commencement of any Work, it shall file technical and engineering plans detailing such Work and the specifications thereof with the County and thereafter agrees to undertake any and all such Work to which the County has consented, acting reasonably, in accordance with such plans and specifications. Notwithstanding the generality of the foregoing, the Licensee agrees that it shall comply with any and all directions and orders give respect of Work, regardless of whether such direction and orders during, or after the commencement or completion of such Work, provided that the County acts reasonably in respect of such directions and orders. 6.The Licensee further agrees that, within thirty (30) days of completion of any Work, it shall deposit with the County as constructed plans detailing the location and specifications of any Transmission Infrastructure overhead and/or underground distribution lines and poles and related equipment and facilitie or installed over, along, across or under the Road Allowances. 7.The Licensee agrees that, within fifteen (15) days of the date of execution of this Agreement, it shall arrange for and maintain liability insurance satisfactory to the County, acting reasonably, insuring, for the joint benefits of t lender(s) to the Licensee and the County as named insured, as ag liabilities, losses, costs, damages or other expenses of every kind (collectively, the ÑÒ) that the Licensee, such lender(s) and the County may incur or Claims consequence of personal injury, including death, and property damages arising out of or in any way incurred or suffered in connection with the placing, maintenance, operation or repair of the Transmission Infrastructure, as contemplated by this Agreement, which insurance, at a minimum, shall provide coverage with limits of liability not less than TEN MILLION DOLLARS ($10,000,000.00) per commencement of the term hereof, and the Licensee shall satisfy time to time, that the premiums of such insurance have been paid and that such insurance is in full force and effect; and the Licensee further agrees that, within seven (7) days of the effective date thereof, it shall deliver to the County evidence of any changes to such policy of insurance as initiated by the invo 8.Notwithstanding and without limiting any other term hereof, the and undertakes that it will place, replace, construct, reconstruct, maintain, inspect, remove, enlarge, operate, and repair the Transmission Infrastructure located on any of the Road Allowances in accordance with and in compliance with engineering practices and, more specifically, all federal, provincial, and municipal laws and by-laws and in substantial compliance with the directions and permissions as issued by the County. 98 9.Notwithstanding and without limiting the generality of any term Licensee further agrees, that, where practicable, any of the Tra Infrastructure placed, replaced, constructed, reconstructed, maintained, removed, enlarged or otherwise installed pursuant to the License will not be located under the existing or contemplated traveled portion of any of the Road Allowances but shall be located adjacent to such existing or contemplated traveled portion of such Road Allowances and as approved by the County. In this same regard, t further acknowledges and agrees that it shall seek the approval the permitted location of any Transmission Infrastructure through inclusion of such proposed location on those technical and engineering plans and s submitted pursuant to Section 5 hereof. The Licensee further acknowledges and agrees that the County shall specify and approve the actual location of the Transmission Infrastructure within the Road Allowance, which approval shall be final and binding on the Licensee without appeal, recourse or remedy by the Licensee in respect thereof. 10.The Licensee agrees that any access to the Road Allowances and a undertaken pursuant to the License and for which a permit is required shall be undertaken and completed at such reasonable time or times as the specify in such permit and, without limiting the generality of the foregoing or any other term hereof, all such Work shall be undertaken and completed in such manner as contemplated pursuant to this Agreement so as not to cause unnecessary nuisance or damage to the County or any ratepayer or other user of that portion of the Road Allowance where such Work is to be conducted. 11.The Licensee further agrees that, prior to commencement of any Work pursuant to the License, it shall obtain the approval of any federal, provincial, county or municipal government or agency having an interest in such Work and, furthermore, it shall notify any other person or body operating any equipment utilities or other facilities, within the Road Allowances or in the vicinity of the Road Allowances where such Work is to be conducted, of the details of the anticipated Work so as to minimize the potential interference with or damage to such existing equipment, installations, utilities, and other facilities by the maintain the integrity and security thereof. 12.The Licensee further agrees that, in the event that it becomes necessary to break, remove, or otherwise pierce the existing surface of any of the R other municipal lands to undertake any Work pursuant to the License, it will in all cases repair, reinstate, restore, or remediate such surface to a condition which existed prior to the commencement of such Work a thereto, the Licensee also agrees that it shall thereafter, during the term of this Agreement, maintain that portion of such Road Allowances, at the sole expense of the Licensee, by repairing any settling thereof to the satisfact acting reasonably. In the event that the Licensee shall fail to repair, maintain, and reinstate such Road Allowances, as aforesaid, then in such case, undertake the same and charge the costs thereof to the Licensee and the County shall not be liable for any damage of any nature or kind howsoever caused by reason of 99 such work undertaken by the County as aforesaid, and the License to indemnify and save harmless the County and all other concerne such claims or damages, howsoever caused, save and except any direct damage arising from the negligence or wilful misconduct of the County or those for whom it is at law responsible. 13.In the course of undertaking any Work pursuant to the License gr the company shall take all steps necessary to protect the integr existing equipment, installations, utilities, and other facilities within the Road Allowance or which might otherwise be located in, on, or under such municipal lands. 14.Notwithstanding the terms of this Agreement, the County, acting be entitled to request the Licensee to relocate any of the Transmission Infrastructure, from within any of the Road Allowances to another location withi Allowances, within one hundred twenty (120) days of delivery of written request for such relocation, which relocation shall be completed by the Licensee, at its sole cost and expense. 15.In the event of default by the Licensee in respect of any obliga hereunder, and provided that the Licensee: (i) has received prior written notice of such default from the County and, (ii) has been given a reasonable period of time thereafter to cure such default (such period of time not to be less than thirty (30) days) and has failed to cure such default, or, in the event such within a reasonable time, the Licensee has ceased proceeding diligently to remedy same, the County at all times maintains the discretion, acting reasonably, to terminate the within Agreement upon a further thirty (30) daysÔ written notice and require the Licensee, at its sole expense, without claim, recourse or remedy against the County for such removal costs or any and all damage or damages associated therewith, and at all times within 120 days after the effective termination, to remove all or any Transmission Infrastructure as constructed, installed or placed pursuant to the License granted hereunder and thereafter reinstate, restore, and/or remediate the Road Allowance and all effected to at least the same condition that existed prior to the original work to install, construct, or place the said Transmission Infrastructur purposes of this paragraph, ÑdefaultÒ shall be the following, 15.1Any breach of any covenant or obligation of the Licensee pursuan Agreement; 15.2Cessation of use of any of the Transmission Infrastructure insta constructed, or maintained within any of the Road Allowances for a period of not less than one hundred twenty (120) days save and except wher cessation arises as a result of Force Majeure (as hereinafter defined), or the performance by the Licensee of its obligations pursuant to this Agreement, including in respect of any repair and maintenance obligations p hereto; 100 15.3Abandonment of any of the Transmission Infrastructure as previously installed, constructed, or maintained within any of the Road Allowances, save and except where the Licensee, in its discretion, determine equipment and facilities are redundant and thereafter removes same; 15.4Any assignment of rights and obligations hereunder without the prior written consent of the County except as otherwise permitted pursuant to this Agreement; and/or 15.5The Licensee becoming insolvent, bankrupt, or making an authorized assignment or compromise with its creditors. 16.In the event the Licensee fails to remove and/or relocate all or any portion of the Transmission Infrastructure within one hundred twenty (120) days of receipt of written demand from the County pursuant to Section 15 of this Agreement, the County shall have the right to remove and/or relocate such Trans Infrastructure, following completion of which, the County shall to the Licensee detailing the costs and expenses associated with same and the Licensee shall pay the amount of such invoice in accordance with the terms thereof. If the County is required to remove and/or relocate any of the T Infrastructure as described above and without limiting the oblig to pay the costs and expenses thereof, the Licensee further agrees to: 16.1release the County from any claims for damage to such Transmissi Infrastructure and/or other damages flowing from such removal and/or relocation; 16.2save harmless and indemnify the County of and from any and all c damages by any party as against the County in respect of such wo 16.3restore and reinstate the Road Allowances to as nearly the same that existed prior to the original installation. 17.In the event that the Licensee wishes to relocate any of the Transmission Infrastructure as have been previously installed, placed, or constructed in accordance with the License, it shall notify the County of such request, in writing, and such request will thereafter be considered and administered by the County, acting reasonably and with diligence, giving due consideration t works already undertaken by the Licensee on the Road Allowances, in considering and administering such request, the County shall be entitled to take into consideration any specific municipal or engineering interests affected by such relocation, including any additional facilities located within the Road Allowances. 18.Without limiting the generality of any other term of this Agreement, the Licensee, 18.1Will not cut, trim, or otherwise interfere with any trees, brush, plants, or other vegetation in performing the Work unless prior written consent has been obtained from the County; 101 18.2Upon request, whether by the County by its officials or authorized agents, or otherwise, and at its sole expense, shall properly and accurately identify the location of any Transmission Infrastructure within the County, to the extent not already identified pursuant to Section 6 hereof, such reports to identify the depth of the relevant portion of the Transmission Infrastruc 18.3At the expiry of this Agreement, including any renewal thereof, or upon the early termination of this Agreement (as provided herein, including pursuant to Section 15), and to the satisfaction of the County, acting reasonably, the Licensee, at its own expense, and within one hundred twenty days (120) thereafter, shall remove any and all Transmission Infrastructure as have been constructed, installed, or placed pursuant to the License, and thereafter, reinstate, restore, and remediate the Road Allowances or municip effected to at least the same condition that existing prior to t event that the Licensee fails to remove any of the Transmission Infrastructure or otherwise reinstate, restore, or remediate the Road Allowance municipal lands effected thereby, then the County will be at liberty to remove such Transmission Infrastructure and thereafter restore, reinstate, or remediate the effected municipal allowance and lands, without cl recourse, or remedy by the Licensee, the cost of which removal a restoration will be invoiced to the Licensee and the Licensee agrees to pay such invoice in strict accordance with the terms thereof. 19.Notwithstanding the requirement of prior notice to the County for the right to commence any Work hereunder, including notice of repair to any Work or to the Transmission Infrastructure, and notice to cut, trim, or otherwise interfere with any trees, brush, plants, or other vegetation, the County and the Li the event of an emergency in which the Licensee requires immediate access to the Transmission Infrastructure, or to cut, trim, or otherwise interfere with any trees, brush, plants, or other vegetation, and after reasonable efforts to communicate with the County, the Licensee may enter upon the Road Allowances and/or municipal lands without prior notice to the County in order to gain access to the Transmission Infrastructure in order to effect such repairs or to cut, trim, or otherwise interfere with any trees, brush, plants, or other vegetation, as are required to address such emergency and, in so doing, shall undertake any Work to the stan otherwise required by the terms of this Agreement and to thereafter provide written notification and details and specifications of such repair to th on the next municipal business day and to thereafter file amende drawings detailing such repairs as is otherwise required by this Agreement. For the purposes of this provision, ÑemergencyÒ shall mean a sudden unexpected occasion or combination of events necessitating immediate action. 20.In the event the Licensee requires access to Silvercreek Solar Farm through opened or, unopened road allowances not comprising the Road Allowances, the County of such request, in writing, and such request will thereafter be considered and administered by the County, acting reasonably and giving due consideration to the scope of the Works already under 102 Licensee on the Road Allowances, provided that, in considering a such request, the County shall be entitled to take into consideration any specific municipal or engineering interests affected by such relocation, including any additional facilities located within the Road Allowances. The County confirms and acknowledges that to the extent it approves any such additional access route, it shall be incorporated into the definition of ÑRoad AllowancesÒ pursuant to this Agreement and Schedule ÑAÒ shall be amended accordingly and the provisions of the Agreement shall apply, mutatis mutandis, to the use of such 21.The Licensee will indemnify and save harmless the County from and against all claims, liabilities, losses, costs (including but not limited to legal costs as between a solicitor and his own client), damages, and other expenses of ev County may incur or suffer as a consequence of or in connection the License, including but not limited to the placing, replacing, construction, reconstruction, placement, maintenance, operation, or repair of any Transmission Infrastructure by the Licensee. 22.The Licensee hereby acknowledges that its performance of the Wor of the Transmission Infrastructure is entirely at its own risk and the County shall in no way and in no circumstances be responsible or liable to the Licensee, its contractors, agents, or customers for any damage or losses in consequence thereof, regardless of how such damage or loss was suffered or incurred. 23.The Licensee acknowledges and agrees that the License and the pl construction, installation, location, and operation of any Transmission Infrastructure are subject to the following: 23.1The right of free use of the Road Allowance by all persons or parties otherwise entitled to such use; 23.2The rights of the owners of the property adjoining any relevant Allowance to full access to and egress from their property and an adjacent right-of-way, highway, street, or walkway and the consequential right of such persons or parties to construct crossings and approaches from their property to any such right-of-way, highway, street, or walkway; 23.3The rights and privileges that the County may have previously granted to any other person or party to such Road Allowance or lands. 24.The parties hereto agree as follows: Any Written notice provided for and contemplated by this Agreement will be delivered to the parties by hand or registered mail at the follo To the County: The Corporation of the County of Elgin 450 Sunset Drive, St Thomas, Ontario N5R 5V1 103 To the Licensee: c/o Silvercreek Solar Park Inc. 49588 Vienna Line, Aylmer, Ontario N5H 2R2 Every such notice shall be deemed to have been received if personally delivered at the time of such delivery and if sent by prepaid registered mail, at the end of five (5) business days after the mailing thereof. 25.Subject to the next sentence, the Licensee is prohibited from assignment of its rights and obligations hereunder without the written consent of the County, which consent shall not be unreasonably withheld. Notwithstanding the foregoing: (a) the Licensee shall be able to charge and/or assign this Agreement, and all of interests and benefits in the License, without the prior consent of the County to its lender(s) or anyone to whom the Licensee has provided a guarantee in respect of Silvercreek (herein referred to collectively as the ÑÒ and individually as a Lenders ÑÒ) as security for the Licensee's obligations to such Lender(s), Lender Lender(s) shall be able to assign this Agreement, and all of its interests and benefits in the License, to any persons in connect enforcement of their security, with the prior written consent of the County, not to be unreasonably withheld or delayed. The County shall execute and d Owner's Acknowledgement and Consent Agreement in favor of such Lender(s) in substantially the form attached hereto as Schedule ÑBÒ. No assignment shall be effective unless and until the assignee executes a counterpart of this Agreement (without the need for any other party to execute that counterpar bound by the terms hereof to the same extent as if it had been a hereto, provided that such requirement shall not apply to any assignment to any Lender(s) of the Licensee as security for the Licensee's obligat 26.Each obligation of the parties hereto contained in this Agreemen expressed as a covenant, is considered for all purposes to be a 27.The invalidity or unenforceability of any provision or covenant contained in this agreement shall affect the validity or enforceability of such provision or covenant only and any such invalid provision or covenant shall be deemed to be severable from the balance of this Agreement, which shall be enforced to the greatest extent permitted by law. 28.Each covenant in this Agreement is a separate and independent co breach of covenant by either party will not relieve the other party from its obligation to perform each of its covenants, except as otherwise provided h 29.No supplement, modification, amendment, or waiver of this Agreement shall be binding unless executed in writing by the parties. 30.Each of the parties covenants and agrees with the other that it will at all times hereafter execute and deliver, at the request of the other, all such further documents, 104 31.This Agreement shall extend, be binding upon and enure to the benefit of the County and the parties comprising the Licensee, and their respective successors and assigns, as the case may be. 32.Whenever, and to the extent that the Licensee will be unable to fulfill or will be delayed or restricted in the fulfillment of any obligation under any provision of this Agreement (other than the obligation to pay the fees set out in 3 of this Agreement) by reason of: (a)strikes; (b)lock-outs; (c)war or acts of military authority; (d)rebellion or civil commotion; (e)material or labour shortage not within the control of the Licensee; (f)fire or explosion; (g)flood, wind, water, earthquake, or other casualty; (h)any event or matter not wholly or mainly within the control of the Licensee (other than lack of funds or any financial condition of parties hereto); or (i)acts of God (in each case a ÑÒ) Force Majeure not caused by the default or act of or omission by the Licensee and not avoidable by the exercise of reasonable effort or foresight by it, then, so long as any such impediment exists, the Licensee will be relieved from the fulfillment of such obligation and the County will not be entitl compensation for any damage, inconvenience, nuisance or discomfort thereby occasioned. The Licensee will be required and is entitle such obligation within a period of time immediately following the discontinuance of such impediment that is equal to the period of such impediment existed. The Licensee shall promptly notify the County of the occurrence of any Force Majeure, which might prevent or delay the doing or performance of acts or things required to be done or performe Licensee. The Licensee will use its reasonable efforts to remedy the occurrence and abridge, the period of Force Majeure. 105 - 11 - 33.The County consents to the registration by the Licensee of this Agreement on the title to the land comprising the Road Allowances in the applicable land registry office(s). 34.This Agreement shall be governed by and construed in accordance Ontario and Canada applicable thereto. [Remainder of page intentionally left blank.] 5965618 v8 106 the parties hereto affix their hands and seal or corporate seal IN WITNESS WHEREOF attested to by the hand of their authorized officers, as the case may be, at St. Thomas, Ontario this_____day of________________, 2013. SIGNED, SEALED AND DELIVERED in the presence of: THE CORPORATION OF THE COUNTY OF ELGIN By: Name: Title: By: Name: Title: I/We have the authority to bind the corporation SILVERCREEK NOMINEE INC. By: Name: Title: I have the authority to bind the corporation 107 SCHEDULE A DESCRIPTION OF ROAD ALLOWANCES Part 1: The Eastern limits of Imperial Road right of way between Vienna Line and Bradley Creek Line. Part 2: The Southern limits of Glencolin Road right of way between Hacienda Road and Imperial Road. Part 3: The Westerly limits of Imperial Road right of way between Glencolin Rd and 11545 Imperial Road Substation Property. 108 SCHEDULE B OWNERS ACKNOWLEDGEMENT AND CONSENT AGREEMENT This OwnerÔs Acknowledgment and Consent Agreement (ÑÒ) made as of Acknowledgment the _____ day of _____, 2012 by and between THE CORPORATION OF T ELGIN (the ÑÑ) and , as agent (the ÑÑ) pursuant to a credit agreement dated CountyAgent as of , (the ÑÒ) between, , Silvercreek Nominee Inc. Credit Agreement inter alia (ÑÒ), the Agent, the other financial institutions from time to tim Silvercreek lenders (collectively, the ÑÑ) and , in its capacity as collateral agent under the Lenders Collateral Agency Agreement made as of (as amended from time to time, the Ñ Collateral Ò) between and , (the ÑÒ), as agent for the Secured Agency AgreementCollateral Agent Creditors (as defined therein). WHEREAS: A. Silvercreek and the County have entered into a License Agreem registered against title to the lands described therein (the ÑÑ) on as Instrument No. Lands (the ÑÑ), pursuant to which the County has granted to Silvercreek, , a Agreement inter alia ÑLicenseÑ(as defined therein) (the "") on the terms and conditions set out in the License Agreement. B. Pursuant to, respectively, the Credit Agreement and the Collateral Agency Agreement (and documentation delivered in connection therewith), the Agent and the Collateral Agent, respectively, have been granted charges, mortgages, assignments and security interests (collectively, the ÑÒ) in all of the property, undertaking,- Security Interests assets, interests, rights and benefits of Silvercreek, including without limitation, the License, the Agreement, and all improvements, equipment, structures, chat and appurtenance thereto in, on, under or appurtenant to the Lands (collectively, the ÑÒ). Collateral C. The County has agreed to execute and deliver this Acknowledgment to the Agent and the Collateral Agent pursuant to the provisions of the Agreement. in consideration of the sum of Two Dollars ($2) paid by each of the NOW THEREFORE Agent and the Collateral Agent to the County and other good and the receipt and sufficiency of which pure hereby acknowledged, t acknowledges, covenants and confirms to each of the Agent and th follows: 109 1. The County: (a) confirms that the Agreement is in full force and effect, unamended and that the County is not aware of any existing default under t consents to the creation of the Security Interests and the registration of a notice of assignment thereof on the title to the Lands in the applicable land registry office(s). 2. The County acknowledges that, following an event of default b the Credit Agreement or an event of default as defined in the Collateral Agency Agreement (each, an ""), and after notice to the County, the Agent, the Lenders, the Event of Default Collateral Agent or the Secured Creditors or any nominee or designee thereof or any receiver or receiver-manager (collectively, an "") shall have the right to enforce Agent Party the Security Interests, including, without limitation, the right to enjoy rights of Silvercreek under the Agreement. The County further acknowledges that, in the course of the enforcement of such Security Interest, the Agent Party shall be entitled to sell, assign, transfer, negotiate or otherwise dispose of the Agreement, subject to the prior written consent of the County, acting reasonably, and provided that in exercising such rights, the Agent Party shall assume all of the liabilities and obligations of Silvercreek under or in connection with the Agreement. 3.The County agrees: (a) to use reasonable commercial efforts to give to each of the Agent and the Collateral Agent written notice (at the addresses below) of any default by Silvercreek under the Agreement, concurrent with the delivery of such notice to Silvercreek, (b) that if Silvercreek fails to cure the breach or default identified in such notice, the Agent, the Collateral Agent or any other Agent Party may, but in no way shall be obligated to, cure such default and the County shall not terminate the Agreement or exercise any other remedy under the Agreement if the Agent, the Collateral Agent or any other Agent Party is proceeding to cure such breach or default, to the satisfaction of the County, acting reasonably, (c) that if any default by Silvercreek under the Agreement is not of a curable nature, which default, for greater clarity, shall be a default related to the existence, bankruptcy or insolvency of Silvercreek, it shall not exercise any right to terminate if the Agent, the Collateral Agent or any other Agent Party or a nominee thereof agrees to assume the rights and obligations of Silvercreek under the Agreement to the extent capable of being assumed, (d) that if the Agreement is terminated or surrendered for any reason, other than in connection with (a), (b), or (c) hereof, or if terminated by operation of law prior to the expiry of the term thereof the County shall use reasonable commercial efforts to give notice of such termination to each of the Agent and the Collateral Agen offer to enter into a new or replacement agreement (the "") with the Replacement Agreement Agent, the Collateral Agent or another Agent Party or other person designated by, as applicable, the Agent, the Collateral Agent or other Agent Party Agreement shall be only for the balance of the then current term of the Agreement and, furthermore, shall be upon the same terms and conditions as the and (e) that if within 30 days of receipt of the notice referred or the Collateral Agent requests a Replacement Agreement, the County shall enter into such Replacement Agreement with, as applicable, the Agent, the Collateral Agent or another Agent Party or other person designated by the Agent or the Colla ÑÒ). Notwithstanding the foregoing sentence, for the Replacement Agreement Counterparty purposes of Section 3(d) and Section 3(e) hereof, the County shall only be required to enter into such Replacement Agreement if, during the thirty (30) day t 110 4.The Agent acknowledges having received a copy of the Agreement a and agrees with the County that during any period the Agent exercises its Security Interests and takes possession of SilvercreekÔs interest in the Lands (either directly or indirectly through an Agent Party) or takes control of or manages SilvercreekÔs interest in the Lands or the Collateral or any part thereof, or forecloses upon the Agreement, or succeeds to the interest of Silvercreek under the Agreement, it will assume, be bound by and abide by, all of the obligations of Silvercreek under or in connection with the Agreement during such period, and thereafter observe and perform all SilvercreekÔs obligations under the Agreement. 5. The Collateral Agent acknowledges having received a copy of the Agreement and covenants and agrees with the County that during any period the Security Interests and takes possession of SilvercreekÔs interest in the Lands (either directly or indirectly through an Agent Party) or takes control of or manages SilvercreekÔs interest in the Lands or the Collateral or any part thereof, or forecloses upon the Agreement, or succeeds to the interest of Silvercreek under the Agreement, it abide by, all of the obligations of Silvercreek under or in connection with the Agreement during such period, and thereafter observe and perform all SilvercreekÔs obligations under the Agreement. 6. The County confirms and acknowledges that in the event that e Collateral Agent assigns, transfers or otherwise disposes of its interest in the Agreement pursuant to its Security Interests in accordance with the provisions of this Acknowledgement (a ÑÒ), and upon such assignee or transferee covenanting and Transfer agreeing in writing with the County to assume and perform all of obligations of Silvercreek pursuant to the Agreement, each of the Agent and the Collateral Agent shall, thereupon and without further agreement, be freed and relieved of all liability with respect to the Agreement from and after the effective date of such Transfer. The Agent and Collateral Agent agree to abide by the provisions of Section 25 of the Agreement relating to a Transfer and not to complete a Transfer without the prior written consent of the County. The County agrees that such consent will not be unreasonably withheld or delayed. 7. All notices hereunder shall be in writing, sent by registered mail, retu requested or by telecopy, to the respective parties and the addresses set forth on the signature page or at such other address as the receiving party shall designate in writing. 111 8. This Acknowledgment may be executed in any number of counterp governed by the laws of the Province of Ontario and binds and inures to the benefit of the Agent, and its successors and assigns, the Collateral Agent, and and shall be binding upon the heirs, personal representatives, successors and assigns of the County. 9. Each of the parties hereto agrees to do, make and execute all documents, agreements, assurances, acts, matters and things and take such further action as may be reasonably required by any other party hereto in order to more effectively carry out the true intent of this Acknowledgment. 10. The provisions of this Acknowledgment shall continue in effect until the County shall have received the written certification of each of the Agent and the Collateral Agent that all amounts advanced, and obligations arising, under the Credit Agreement and all Obligations (as defined in the Collateral Agency Agreement) have been paid and performed in full. (Remainder of the page intentionally left blank.) 112 , this Acknowledgement is executed by the parties. IN WITNESS THEREOF NOTICE ADDRESS: THE CORPORATION OF THE COUNTY OF ELGIN Per: _________________________________ The Corporation of the County of Elgin 450 Sunset Drive Name: St Thomas, Ontario Title: N5R 5V1 Attention:Per: _________________________________ Name: Fax: Title: I/We have the authority to bind the corporation Date of Signature: ___________________ NOTICE ADDRESS: Agent: Agent:Per: _________________________________ Name: Attention: Title: Fax: Per: _________________________________ Name: Title: I/We have the authority to bind the corporation Date of Signature: ________________ NOTICE ADDRESS: Collateral Agent: Collateral Agent: Per: _________________________________ Name: Title: Per: _________________________________ Name: Title: I/We have the authority to bind the corporation Date of Signature: ________________ B - 5 5965618 v8 113 REPORT TO COUNTY COUNCIL FROM: Peter Dutchak, Deputy Director of Engineering Services DATE: February 27, 2013 SUBJECT: Asset Management Funding Agreement INTRODUCTION The County of Elgin has been successful in securing funding through the Municipal Infrastructure Investment Initiative (MIII) Asset Management Program and now must enter into a Contribution Agreement with the Province. DISCUSSION / CONCLUSION The County of Elgin has been allocated $34,205.52 through the Municipal Infrastructure Investment Initiative (MIII) Asset Management Program. To receive the funding, the County must enter into a Contribution Agreement and create an asset management plan in accordance with the “Building Together: Guide for Municipal Asset Management Plans”. The plan must be completed before December 31, 2013 and its completion is mandatory in order for municipalities to qualify for future provincial funding programs. RECOMMENDATION THAT the CAO be authorized and directed to enter into an agreement with the Province of Ontario to receive funding under the Municipal Infrastructure Investment Initiative (MIII) Asset Management Program. All of which is Respectfully Submitted, Approved for Submission, Peter Dutchak Mark G. McDonald Deputy Director of Engineering Services Chief Administrative Officer Clayton Watters Director of Engineering Services 114 REPORT TO COUNTY COUNCIL FROM: Clayton Watters, Director Engineering Services Sonia Beavers, Purchasing Coordinator DATE: February 21, 2013 SUBJECT: Award of Largie Bridge Replacement, Dutton/Dunwich and Fire Sprinkler – Terrace Lodge INTRODUCTION: Elgin County Council at its February 12, 2013 meeting approved the following recommendation: THAT the report titled “Awarding Tenders – Fire Sprinklers – Terrace Lodge & Engineering Services for the Largie Bridge Replacement, Dutton/Dunwich” dated January 28, 2013 be received and filed; and, THAT staff award the following tenders as long as the County’s Purchasing Policy is followed, lowest tenders are selected and within budget allocations: (a) Supply and Install Fire Sprinklers – Terrace Lodge; and, (b) Engineering Services Largie Bridge Replacement, Dutton/Dunwich; and, THAT staff report back to Council with the results at the March 12, 2013 Council meeting. This report is to advise Council of the results of the award of the Fire Sprinkler System and the Largie Bridge Replacement. DISCUSSION/CONCLUSION: Fire Sprinkler – Terrace Lodge A Request for Tender to Supply and Install a Fire Sprinkler System for Terrace Lodge was advertised and issued as per the County’s Procurement Policy. Submissions were received until February 14, 2013. Four companies submitted bids as follows: 115 COMPANY TENDER BID (exclusive of H.S.T.) Western Fire Protection Inc. $124,950.00 C&H Fire Suppression Systems Inc. $137,752.00 Vipond Fire Protection $152,700.00 Forest City Fire Protection $178,500.00 Western Fire Protection Inc. submitted the lowest bid to Supply and Install the Fire Sprinkler System at a total price of $124,900 exclusive of H.S.T. The lowest submitted bid is within budget estimates. As per the County of Elgin’s Purchasing Policy, if change orders are required for any of the above listed projects and the cost increases above the tender amount approved by Council by less than 10%, and the amount is within the overall budgeted project amount, work will proceed upon authorization by the Director. However, if the cost increases above the tender amount approved by Council by more than 10%, the Director will prepare a further report to Council outlining the expenditures. Largie Bridge Replacement – Dutton/Dunwich A Request for Proposal was issued for Engineering Services for the Largie Bridge Replacement. Three companies were invited to participate as per the County’s Procurement Policy. Submissions were received until February 14, 2013. Two companies, Aecom and Spriet Associates responded to the Proposal. The proposal structure was a two envelope system. Submissions in envelope one were evaluated against the following criteria, a) Firm and Key Individuals/Understanding of Project’s Objectives and Critical Schedule Requirements b) Firms Experience and Key Individual’s Experience c) Key Individuals’ Availability Firms achieving a minimum score of 70 were shortlisted. One company (Spriet Associates) was short listed. Envelope two itemizing the fees and expenses submitted by Spriet Associates was opened and evaluated for consideration. An evaluation committee comprised of staff evaluated the proposals and identified Spriet Associates as receiving the overall highest score.The submitted bid of $44,800 plus applicable taxes is within budget estimates. RECOMMENDATION: THAT Western Fire Protection Inc. be selected for the Supply and Installion of the Fire Sprinkler System at Terrace Lodge, Contract No. 4502-12-03 at a total price of $124,950 plus applicable taxes; and, 116 THAT Spriet Associates be selected for the Engineering Services for Largie Bridge Replacement, Proposal No. 6290-13-04 at the proposed fee of $44,800 plus applicable taxes. All of which is Respectfully Submitted Approved for Submission Clayton Watters Mark G. McDonald Director Engineering Services Chief Administrative Officer Sonia Beavers Purchasing Coordinator 117 REPORT TO COUNTY COUNCIL FROM: Clayton D. Watters, Director of Engineering Services DATE: February 13, 2013 SUBJECT: Thames Valley District School Board – Connection to Elgin Manor Waste Water Treatment Plant INTRODUCTION: The Thames Valley District School Board (TVDSB) is proposing an addition to the Southwold Public School to address the Ontario Government’s Extended – Day Program, Full Day Early Learning initiative. The TVDSB sewage disposal system cannot accommodate the anticipated increase in the school population. After a thorough review of the options, the preferred solution would connect to the Elgin Manor waste water treatment plant (WWTP). The TVDSB has requested approval to hook-up to the Elgin Manor WWTP and the estimated connection and operating costs. DISCUSSION: The County of Elgin treats the waste water from the Elgin Manor at a WWTP situated on the same property and the plant has a design capacity is 100 cubic meters per day. The plant is currently treating 22 cubic meters per day. During the approval phase for the construction of the plant, County staff discussed the possibility of TVDSB connecting to the plant at some point in the future. The school board indicated, that when their waster water disposal system required either upgrading or replacement, that they would discuss the possibly of connecting at that time. The Certificate of Approval (CoA) included the school in the application, therefore the CoA does not have to be amended. The Full Day Early learning initiative for Southwold Public School will increase the school population and the TVDSB consultant determined that the present disposal system is inadequate to treat the additional students and support staff. The engineer reviewed the options and connecting to the County of Elgin WWTP was the preferred solution. County staff has been in constant contact with the engineering consultant and school board staff during the design phase of the project. County staff are in agreement with the proposed alignment and support the connection to the County infrastructure. Staff requires County Council to approve the connection and annual operating charges. Appendix A summarizes the expenses, plus an overhead charge, of $153,811 for the treatment of waste water at Elgin Manor for 2012. Initially, the expenses will be pro- 118 rated between the County and TVDSB, but once the nearby Keystone Village are occupied, the costs will be divided between three parties. Initially, the operating fees to treat the sewage will be set at $11.00 per cubic meter; there is also a $10,000 connection fee to cover technical and administrative expenses. The County of Elgin will also be allocated $11.00 per cubic meter to treat the sewage at the Elgin Manor. One implication with the proposed agreement between the TVDSB and County of Elgin is an agreement, dated April 2006, with Elgin Limited Partnership 1 (known as, Keystone Village) to provide sewage treatment to their complex. The negotiated fee is not sufficient to meet the current costs to treat the sewage. Staff recommend that the agreement be terminated and that staff re-negotiate an increase in fees as described in Appendix A. CONCLUSION: The County of Elgin fully supports TVDSB in implementing the addition to the Southwold School for full time kindergarten classes in the fall of 2013 and TVDSB is committed to a long term sustainable solution to public health for the Southwold School. Therefore, TVDSB requests connecting to the County of Elgin WWTP at Elgin Manor to meet those goals. Staff for the County of Elgin has agreed to the technical aspects to connect to the WWTP, but agreement is required to the financial component. It should be noted that the County of Elgin desires to only recover the costs to operate the systems. RECOMMENDATIONS: THAT the report titled “Thames Valley District School Board – Connection to Elgin Manor Waste Water Treatment Plant” dated February 13, 2013, be received and filed; and, THAT staff be directed to give notice to Elgin Limited Partnership 1 indicating that the Waste Water Treatment Agreement will be revised; and, THAT staff be directed to forward correspondence to TVDSB to confirm that they are permitted to connect to the County of Elgin WWTP, subject to the acceptance of the terms and conditions as approved by the County Solicitor; and, THAT a one-time connection fee of $10,000, and consumption charge of $11.00 per meter to treat the sewage, and the consumption charge be reviewed periodically and adjusted if required. All of which is Respectfully Submitted Approved for Submission Clayton D. Watters Mark G. McDonald Director of Engineering Services Chief Administrative Officer 119 Appendix A 2012 Expenses DescriptionCosts Operational Expenses $70,737 Energy Expenses $10,160 Amortization Expenses $47,279 Total Operating Expenses $128,176 Overhead (20%) $25,635 Total Expenses $153,811 Cost Sharing Between the County of Elgin and TVDSB Consumption Treatment–AnnualCost Sharing cubic meters Elgin County – Elgin Manor8,196 $90,163 ($11.00 / m3) TVDSB – Southwold School 5,786 * $63,648 ($11.00 / m3 $153,811 Cost Sharing Between the County of Elgin, TVDSB and Keystone Apartments Consumption Treatment–AnnualCost Sharing cubic meters Elgin County – Elgin Manor8,196 $66,031 ($8.06 / m3) TVDSB – Southwold School 5,786 * $46,612 ($8.06 / m3) Keystone Apartments 5,110 * $41,168 ($8.06 / m3) $153,811 * Estimated Quantities for the TVDSB and Keystone Apartments 120 REPORT TO COUNTY COUNCIL FROM: Clayton Watters, Director of Engineering Services DATE: February 18, 2013 SUBJECT: Dexter Line - Environmental Study Report and Municipal Class Environmental Assessment Notice of Completion INTRODUCTION: The County of Elgin is now ready to finalize the Municipal Class Environmental Assessment (EA) planning process for the Dexter Line (County Road 24) relocation project located west of Port Bruce. The County has been invited to submit a funding application to the Municipal Infrastructure Investment Initiative Capital Program (MIIICP) and in order to be prepared for this potential opportunity and to meet the tight timelines, staff is recommending to finalize the EA. It should be noted that if significant MIIICP funding does not materialize, Council does not have to implement the plan. The County’s consultant has prepared a detailed Environmental Study Report (ESR) as part of the EA. A copy of the ESR summary is attached. The full version of the ESR, including Appendices, is available for review at the Administrative Services Office. The next step in the EA process is the Notice of Completion 30- day review period. Authorization from Council to issue the Notice of Completion is requested. DISCUSSION: The report to County Council on November 27, 2012 outlined the status of the County Road 24 relocation project and the Class EA process. One component was to finalize the studies to the satisfaction of the review agencies, this has been completed. The proposed project, as shown in the Road Relocation Plan (see ESR summary figures S8 and S9), is based on the preferred Alternative 3B and road alignment Alternative A. As outlined in Section S5 of the ESR Summary, the new road will have a 30-metre wide road allowance and will be approximately 3.36 km in length. Two new sections of local road, about 0.55 km in total length, will be required to connect the existing and proposed sections of County Road 24 (L1 and L2 on Figure S8). A 20-metre wide road allowance is proposed. The estimated construction cost is $4.2 million, based on approximately 3.36 km of new county road and 0.55 km of new local roads. The estimate includes costs to decommission existing roads, municipal drain outlets, a contingency allowance, plus budgets for engineering, geotechnical, design-level approvals, contract administration 121 and office supervision. The costs for land purchases, legal and appraisal fees for land acquisition, the Class EA, technical studies, post-construction shoreline monitoring, fees and taxes (HST) are not included. Funding for the proposed road relocation is in the County’s 10-year Capital Plan and an application has been made for the MIIICP. Within the 10-year Class EA planning period, it is proposed that the County of Elgin will retain ownership of the existing and proposed County Road 24 road allowances, plus L1 and L2. Any future change in road allowance ownership will require a Class EA Addendum, which is subject to EA notice and objection provisions. Also attached for Council review and authorization is the Notice of Completion, which will conclude the Class EA process with a 30-day public review period. Copies of this Notice will be circulated with the ESR summary to agencies, local property owners and other persons who have been involved in the project. The Notice will also be placed in local newspapers. The full ESR will be available for public review at the Administrative Services office and on the Elgin County web site. If there are concerns from agencies or the public that cannot be satisfactorily addressed, then a request can be made to the Minister of the Environment for a Part II Order (under Part II of the Environmental Assessment Act). If there are no Part II Order requests submitted to the Ministry within the specified notice period, then the Class EA planning process is completed and the road relocation project can (subject to final approvals and the availability of adequate funding) proceed to final design, property acquisition and construction. CONCLUSION The Class EA planning process has included an extensive review of alternatives, including shoreline protection options. There have been three public meetings, plus meetings with property owners and regulatory agencies. The EA report documents this planning process. The proposed County Road 24 Relocation Plan represents the most feasible and cost-effective approach to a complex problem. Shoreline erosion continues, and the critical sections of the road are monitored on a regular basis. Once shoreline erosion advances beyond the point where the road is considered safe, it will be closed. Road closure could occur at any time. It is therefore important that the EA process is brought to a conclusion through issuing the Notice of Completion and addressing any final project concerns during the Notice period. In addition, concluding this aspect of the plan, will now expedite the work required under the MIIICP. RECOMMENDATION: THAT the report titled “Dexter Line - Environmental Study Report and Municipal Class Environmental Assessment Notice of Completion” dated February 18, 2013 be received and authorized for circulation as part of the Municipal Class Environmental Assessment for the project; and, THAT the Municipal Class EA Notice of Completion for the Elgin County Road 24 122 project, dated March 12, 2013, is authorized to be issued and circulated. All of which is Respectfully Submitted Approved for Submission Clayton Watters Mark G. McDonald Director of Engineering Services Chief Administrative Officer 123 124 125 126 127 128 129 130 132 133 136 137 138 139 140 142 143 146 147 148 149 REPORT TO COUNTY COUNCIL FROM: Clayton D. Watters, Director of Engineering Services DATE: February 13, 2013 SUBJECT: Energy Management Tool Services Agreement - Local Authority Services INTRODUCTION: The Ontario Ministry of Energy has implemented Ontario Regulation 397/11 – Green Energy Act (Ontario Regulation 397), which requires public agencies to report annually on energy use and greenhouse gas emissions. The Act was effective on January, 2013; with the energy consumption data starting for 2011. Public agencies will have to develop a five-year energy plan before July 1, 2014. DISCUSSION: The Green Energy Act impacts public agencies, including municipalities. The energy consumption data shall be submitted to the Ministry of Energy, as well as published on the municipality’s website. The data includes the annual energy consumption and greenhouse gas emissions for all County-owned or leased facilities, where the County is responsible for paying for energy consumption. The Association of Municipalities of Ontario (AMO) through its subsidiary, Local Authority Services Limited (LAS), has developed an Energy Management Tool web- accessible system that is available to all Ontario municipalities. The base services provided to all users include: software maintenance and upgrades; user support-helpdesk; training start-up; account set-up, and historical data loading. LAS offers two options, self-serve and full-serve; staff is recommending the self-serve option that permits users to enter their own data, analyze and generate reports. The fees are as follows: Set Up – 12 Accounts @ $10.00 - $120.00 (*One time fee) Subscription – 12 Accounts @ $2.00 = $24.00 Per Month = $288.00 Annually Data Entry - $0 (*If municipality enters own data) The County has four buildings in which it makes payment for utilities and uses three utilities for each facility, therefore a total of 12 accounts are required. In order to access the Energy Management Tool system the County of Elgin will be required to enter into a Service Agreement with LAS (see attached). 150 CONCLUSION: Staff is seeking approval from County Council to sign the Service Agreement with LAS, in order to abide by the regulations of the mandated Green Energy Act. RECOMMENDATION: THAT the report titled “Energy Management Tool Services Agreement Local Authority Services” dated February 13, 2013, be received and filed; and, THAT the Director of Engineering Services be authorized and directed to sign the attached Service Agreement with the Local Authority Services (LAS). All of which is Respectfully Submitted Approved for Submission Clayton D. Watters Mark G. McDonald Director of Engineering Services Chief Administrative Officer 151 ENERGY MANAGEMENT TOOL SERVICES AGREEMENT _____ _______________ This Agreement made thisday of, 2013 BETWEEN The Corporation of the County of Elgin (the “Municipality”) -and- Local Authority Services Limited (“LAS”) (each a “Party” and together the “Parties”) RECITALS WHEREAS Local Authority Services Limited is in the business of providing an online energy management tool (EMT) to all interested Ontario municipalities; AND WHEREAS the municipality is intent on tracking and managing energy consumption and GHG emissions for municipal facilities and assets; AND WHEREAS the municipality would like to utilize the EMT service provided by LAS for the purposes of tracking and managing energy and GHGs; NOW THEREFORE in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows: Interpretation 1.The Schedule(s) and Appendices set out below are attached to and form part of this Agreement: -Schedule 1 – Fee Schedule for Self Serve and Full Serve Options Obligations 2. Following are the mutual obligations for both the Municipality and LAS related to the two available service options of the EMT. 152 Self Serve Option Ongoing entry of all utility data into EMT or provision of data direct from utility in a format accepted by LAS Municipality Report generation and analysis related to enrolled accounts Greenhouse Gas (GHG) tracking and reporting related to enrolled accounts Liaise with LAS to hook up any interval metered accounts with EMT Bill verification Hosting the EMT software Maintenance and upgrades related to the EMT software LAS Support including Help Desk for EMT users Communications to users related to software Required updates to Net System Load Shape and Greenhouse Gas emission factors Upload of data acquired direct from LDC if data is provided in format accepted by LAS Full Serve Option Provide on-going data to LAS staff (monthly for non-interval Municipality accounts) Liaise with LAS to hook up any interval metered accounts with EMT Ongoing entry of all utility data into EMT or upload of data acquired LAS direct from LDC if data is provided in format accepted by LAS Report generation and analysis related to enrolled accounts Greenhouse Gas (GHG) tracking and reporting related to enrolled accounts Input of all bill determinants required for bill verification Hosting the EMT software Maintenance and upgrades related to the EMT software Support including Help Desk for EMT users Communications to users related to software Required updates to Net System Load Shape and Greenhouse Gas emission factors Fees 3. The municipality agrees to pay LAS fees related to their chosen EMT service level option based on the fees outlined in Schedule 1 to this Agreement. 4. The fees include all costs related to data entry/upload, managing and administering the EMT on behalf of the Municipality, including the costs of software maintenance and updates, and the cost of any third parties engaged by LAS to assist in providing services under this Agreement. 153 5.In addition to the Fees, the municipality shall pay to LAS any applicable taxes, sales taxes or any other taxes (excluding income taxes or taxes based on net income) properly eligible on the supply of the Services provided herein. 6. LAS, in its sole discretion, can increase the fees for the various EMT service options. LAS will provide all users with (120) days notice of any fee changes. Term 7. The term of this Agreement shall commence on the date of execution and shall remain in effect for an initial period of one (1) year and thereafter shall automatically renew from year to year unless and until terminated by either Party upon ninety (90) days prior written notice. 8. The obligation to make payment under Schedule 1, and the liability and indemnification provisions shall survive the termination of this Agreement. 9. Upon written notice of termination, all data received prior to the termination date shall be processed pursuant to this Agreement, and all related Fees shall be paid as set out herein. Invoicing 10.Each calendar month, LAS shall provide to the municipality, an invoice setting forth the Fees and taxes due by the municipality to LAS. 11. Within thirty (30) days after receipt of the invoice from LAS, the municipality shall pay the Fees and taxes due to LAS. 12.If the municipality fails to pay any amounts payable hereunder when due, such unpaid amounts shall bear interest from the due date thereof to the date of payment at the prime rate plus two percent (2%) Termination 13. Upon written notice of termination, and after all fees are paid, LAS will provide the municipality with an electronic file containing all of the Municipality’s data that has been entered into the EMT. Standard of Service 14.LAS shall perform all Services using suitably qualified and experienced personnel in a professional, diligent and timely manner and in the best interests of the municipality. 15. The municipality acknowledges that certain actions must be taken, and certain documents and other relevant information must be provided by the municipality in order for LAS to perform the Services. Such documents may include utility bill copies, electronic data files, agency appointment letters, and letters of authorization. The municipality agrees to take such actions and provide such documents in a timely manner. The municipality is solely responsible for the accuracy of the data input into the EMT by either themselves, under the self-service program agreement, or by LAS staff under the full-service program agreement. 154 16. The EMT service, either under the self-service or full-serve program agreement, is meant to provide users with a means to track and report on energy use and its resultant economic and environmental costs. LAS does not guarantee the municipality any financial savings from using the EMT as this requires actions at the local level well beyond the scope of the services provided by LAS. Indemnification and Liability 17. Both Parties shall indemnify and hold each other, their directors, officers, employees, agents and contractors harmless from and against any and all claims, demands, suits, losses, damages, liabilities, penalties, obligations, payments, costs and expenses and accrued interest thereon (including the costs and expenses of, and accrued interest on, any and all actions, suits, proceedings for personal injury (including death) or property damage, assessments, judgments, settlements and compromises relating thereto and reasonable lawyers’ fees and reasonable disbursements in connection therewith) asserted against or suffered by the municipality relating to, in connection with, resulting from, or arising out of (a) breaches of either Party’s obligations herein; (b) any misrepresentation, inaccuracy, incorrectness or breach of any representation or warranty made by either Party contained in this Agreement; and/or (c) any of either Party’s negligent acts or omissions. 18. LAS liability in connection with this Agreement shall not exceed the aggregate of six month’s fees paid to LAS during the year for the Services in which the event giving rise to the indemnity claim occurred. In addition, each Party’s liability in connection with this Agreement will be limited to direct damages and in no event shall either Party be liable to the other for incidental, indirect, special, punitive, exemplary or consequential damages howsoever caused, whether for breach of warranty, in tort, for contract or otherwise even if either Party has been advised of the possibility of such damages. Confidentiality 19. "Confidential Information" comprises all information, in any form and medium that the municipality and LAS learn from the other concerning the business and affairs of the other, and any project related data and information. 20. Neither Party shall disclose Confidential Information to third parties, other than required for the purposes of this Agreement or on a confidential basis to legal counsel, financial advisors or other contractors and institutions, or as required by law or by any court with jurisdiction. The Parties shall inform their respective employees and agents of these obligations and take reasonable steps to ensure their compliance with this Agreement. Dispute Resolution 21. Any controversy, dispute, difference, question or claim arising between the Parties in connection with this Agreement that cannot be resolved by a manager from each Party (collectively, the “Dispute”) shall be settled in accordance with this Article. 22. The aggrieved Party shall send the other Party written notice identifying the Dispute, its position on the Dispute and the remedy sought. Upon receipt of such written notice, a senior officer of the other Party shall enter into good faith negotiations with a senior officer of the aggrieved Party to resolve the Dispute. 155 23. Except where clearly prevented by nature of the dispute, the parties will continue performing their respective obligations under this Agreement while a Dispute is subject to the provisions of this Agreement. If the Dispute has not been resolved within thirty (30) days after such written notice has been given, either Party may avail itself of any process or means legally available to resolve the Dispute. Notices 24. All provisions herein shall enure to the benefit of and be binding upon the Parties and their respective successors and permitted assigns. 25. All notices which may be necessary or proper for either Party to serve upon the other shall be served by delivery to the Party to whom the notice is to be given or sent postage pre-paid to the following addresses or by facsimile transmission to the facsimile number set out below. To Local Authority Service Limited: 200 University Avenue, Suite 801 Toronto, Ontario M5H 3C6 Facsimile Number: (416) 971-6191 To Municipality: The Corporation of the County of Elgin 450 Sunset Drive St. Thomas, Ontario N5R 5V1 Facsimile Number: (519) 631-4297 26. All such notices shall be conclusively deemed to have been given and received upon the day the same is personally delivered or, if mailed or sent by facsimile as aforesaid, three (3) business days after the same is mailed as aforesaid. Either Party may at any time by notice in writing to the other change the address for service of notice on it. Miscellaneous 27. This Agreement, including any Schedule attached hereto, constitutes the entire Agreement between the Parties with respect to the subject matter hereof and cancels and supersedes any prior agreements, undertakings, declarations, commitments, representations, written or oral, in respect thereof. This Agreement shall be read with all changes of gender or number required by the context. 28. No modification of or amendment to this Agreement shall be valid or binding unless set forth in writing and duly executed by each of the Parties and no waiver of any breach of any term or provision of this Agreement shall be effective or binding unless made in writing and signed by the Party purporting to give the same and, unless otherwise provided, shall be limited to the specific breach waived. 156 29. LAS and the Municipality shall from time to time execute any and all documents and perform such other acts as may be necessary or expedient to further the purposes of this Agreement and the transactions contemplated hereby. 30. LAS and the municipality are not and shall not be deemed to be partners or joint venturers with one another and nothing herein shall be construed so as to impose any liability as such on any of them. The municipality agrees that LAS shall perform its obligations under this Agreement as an independent contractor and shall not be deemed to be a trustee for any person, whether or not a party to this Agreement. 31. This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable herein. 32. This Agreement may be executed in several counterparts, each of which so executed being deemed to be an original, and such counterparts together shall constitute but one and the same instrument and notwithstanding their date of execution shall be deemed to be made and dated as of the date hereof. 33. Time is of the essence of this Agreement and of every part thereof, and no extension or variation of this Agreement will operate as a waiver of this provision. 34. Neither party may assign of transfer any or all of its rights or its duties or obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed. 157 The Corporation of the County of Elgin and LAS have respectively executed and delivered this Agreement as of the date first set out above. Local Authority Services Limited The Corporation of the County of Elgin Nancy Plumridge Clayton D. Watters Director of Engineering Services President Local Authority Services Limited The Corporation of the County of Elgin 200 University Avenue, Suite 801, 450 Sunset Drive Toronto, ON M5H 3C6 St. Thomas, ON N5R 5V1 (T) 416-971-9856 (T) 519-631-1460 Ext. 4 (F) 416-971-6191 (F) 519-631-4297 158 Schedule 1 Fees for Full and Self Serve Options In accordance with Section 3, the Municipality agrees to pay LAS the following fees: Enrollment and Set-up Services (a) a fee of $10 per account to setup each account in the EMT (b) an optional fee of $4 per account if the Municipality would like LAS to acquire 24 months of historic account data using LAS’ third party data provider (c) an optional fee of $2 per account if the Municipality would like LAS to upload data acquired by the municipality from their LDC or utility (d) an optional fee of $1 per account per month, if the Municipality provides LAS with paper bill copies and would like LAS to enter them into the EMT Ongoing Monthly Services (a) i) a monthly subscription as outlined below (for both full and self service customers) Total Number of Enrolled Accounts Monthly Fee 0-100$2 per account Subscription 101-200$300 Fee 201-500$600 Over 500 $1000 ii) full serve only – a fee of $5 per account per month for account maintenance and reporting (b) an optional monthly fee of $2 per account if the Municipality would like LAS to upload data acquired by the municipality from their LDC or utility (c) an optional monthly fee of $2 per account if the Municipality would like LAS to acquire utility account data using our third party data provider (d) an optional monthly fee of $3 per account if the Municipality provides LAS with paper bill copies and would like LAS to enter them into the EMT Accepted and agreed to this ___ day of _____, 20__ by: Local Authority Services Limited The Corporation of the County of Elgin Nancy Plumridge Clayton D. Watters Director of Engineering Services President 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 COUNTY OF ELGIN By-Law No. 13-06 "BEING A BY-LAW TO ESTABLISH A PAY SCHEDULE FOR EMPLOYEES COVERED BY THE JOB EVALUATION SCALE” WHEREAS pursuant to Section 5(3) of the Municipal Act, 2001, S.O. 2001, c.25, a municipal power, including a municipality’s capacity, rights, powers and privileges under Section 8, shall be exercised by by-law unless the municipality is specifically authorized to do otherwise; and WHEREAS pursuant to Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; and WHEREAS pursuant to Section 9(1) of the Municipal Act, 2001, S.O. 2001, c.25, broad authority is conferred on municipalities to enable them to govern their affairs as they consider appropriate; and WHEREAS By-Law No. 12-07 presently establishes pay schedules for positions not covered by agreements or otherwise; and WHEREAS it is necessary to establish or to make changes to the remuneration to be paid to the persons holding these positions. NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: 1. That the attached Schedule “A” and Schedule “B” be and the same are hereby adopted. 2. That By-Law No. 12-07 be and the same is hereby repealed. 3. That this By-Law become effective on the first pay period of 2013. TH READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 12 DAY OF MARCH 2013. Mark G. McDonald, Cameron McWilliam, Chief Administrative Officer. Warden. 199 SCHEDULE “A” By-Law No. 13-06 POSITIONS ADMINISTRATIVE SERVICES 1. Chief Administrative Officer Level 18 Manager of Administrative Services Level 10 Ambulance and Emergency Management Coordinator Level 10 Administrative Services Coordinator Level 6 Tree/Weed Inspector/By-Law Enforcement Officer Level 5 Administrative Assistant Level 3 Administrative Assistant Level 2 COMMUNITY & CULTURAL SERVICES 2. Director of Community & Cultural Services Level 14 Manager of CulturalServices Level 10 Library Coordinator Level 8 Manager of ArchivesLevel 6 Branch Supervisor Level 6 Curator of Elgin County Museum Level 6 Assistant Archivist Level 5 Manager of Elgin County Museum Level 5 Administrative Assistant Level 3 Archivist Assistant Level 3 Museum Assistant Level 2 ECONOMIC DEVELOPMENT & TOURISM 3. General Manager of Economic Development Level 12 Business Development Coordinator Level 7 Tourism Development Coordinator Level 6 Marketing & Communications Coordinator Level 5 Marketing Assistant Level 3 Economic Development Assistant Level 3 ENGINEERING SERVICES 4. Director of Engineering Services Level 14 Deputy Director of Engineering Services Level 12 Manager of Corporate Facilities Level 9 Quality Assurance Supervisor/Emergency Management Coordinator Level 7 Building Sciences Technologist Level 6 Land Division Secretary-Treasurer Level 5 Administrative Assistant Level 3 FINANCIAL SERVICES 5. Director of Financial Services Level 15 Manager of Information Technologies Level 12 Senior Financial Analyst Level 8 POA Supervisor Level 7 Financial Analyst Level 7 Purchasing Coordinator Level 7 Payroll and Benefits Coordinator Level 7 Senior Network Analyst Level 6 Financial Analyst Level 5 Provincial Offences Administrative Clerk Level 5 Provincial Offences Collections Officer Level 5 Network Analyst Level 4 Accounts Clerk Level 3 HUMAN RESOURCES 6. Director of Human Resources Level 14 Manager of Human Resources Level 10 Human Resources Coordinator Level 8 Human Resources Assistant Level 6 Accessibility Coordinator Level 6 Administrative Assistant Level 3 Administrative Assistant Level 2 LONG-TERM CARE HOMES 7. Director of Homes & Seniors Services Level 14 Administrator, Elgin Manor & Bobier Villa Level 14 Administrator/Manager of Resident Care Level 12 Manager of Resident Care Level 12 Manager of Resident Care/Nurse Educator Level 12 Manager of Support Services Level 8 Manager of Program and Therapy Services Level 8 Administrative Assistant Level 3 Ward Clerk Level 3 200 Year 2013 Non-Union Salary Grid Effective: January 10, 2013 EstimatedEstimatedSpecial Purpose Levels (Job Rate) SalaryAnnual Salary(Base)Annual Salary Step 5 Levelat base rateStep 1Step 2Step 3Step 4at Job rateStep 6Step 7 93.08 18144,799.2079.5682.7486.0589.50169,405.6096.80100.67 85.39 17132,841.8072.9975.9178.9582.11155,409.8088.8192.36 78.34 16121,867.2066.9669.6472.4375.33142,578.8081.4784.73 71.87 15111,820.8061.4463.8966.4569.11130,803.4074.7577.74 65.94 14102,575.2056.3658.6260.9663.40120,010.8068.5771.32 60.49 1394,112.2051.7153.7855.9358.17110,091.8062.9165.43 55.50 1286,340.8047.4449.3451.3153.36101,010.0057.7260.03 50.92 1179,206.4043.5245.2647.0748.9692,674.4052.9555.07 46.71 1072,672.6039.9341.5343.1944.9185,012.2048.5850.52 43.25 967,285.4036.9738.4539.9941.5978,715.0044.9846.78 40.05 862,298.6034.2335.6037.0338.5172,891.0041.6543.32 37.08 757,694.0031.7032.9634.2835.6567,485.6038.5640.11 34.33 653,417.0029.3530.5231.7433.0162,480.6035.7137.14 32.09 549,922.6027.4328.5329.6730.8558,403.8033.3734.71 29.99 446,646.6025.6326.6627.7328.8454,581.8031.1932.44 28.03 343,607.2023.9624.9225.9126.9551,014.6029.1530.31 26.19 240,749.8022.3923.2924.2225.1947,665.8027.2428.33 24.48 138,092.6020.9321.7622.6323.5444,553.6025.4626.48 Council Approved: February 12, 2013 Effective: January 10, 2013 (First full pay period in 2013) 201 COUNTY OF ELGIN By-Law No. 13-07 "BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A COLLECTIVE AGREEMENT BETWEEN THE CORPORATION OF THE COUNTY OF ELGIN AND SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1 CANADA WITH RESPECT TO THE CORPORATION'S FULL AND PART-TIME EMPLOYEES AT THE ELGIN MANOR, TERRACE LODGE AND BOBIER VILLA” WHEREAS the Service Employees International Union Local 1 Canada by certificates dated December 20th, 1972 for full-time employees and September 30th, 1974 for part-time employees of Elgin Manor;March 24th, 1982 for full time and part-time employees of Terrace Lodge; and February 29, 1972 for full-time employees and April 11, 1972 for part-time employees of Bobier Villa, is the certified bargaining agent, save and except supervisors, persons above the rank of supervisor, registered nurses, office staff, persons regularly employed for not more than twenty-four hours per week, and students employed during the school vacation period; and WHEREAS negotiations have taken place over a period of time, between the County and the Union, towards establishing orderly collective bargaining relations and providing an orderly procedure for the disposition of grievances and defining working conditions and terms of employment for all employees who are represented by the Union, in the form of a Collective Agreement; and WHEREAS agreement has now been reached by both parties on the said procedures, conditions and terms of employment to be included in agreements to cover the period January 1, 2013 to December 31, 2016 for full and part-time employees of Bobier Villa, full and part-time employees of Elgin Manor, and full and part-time employees of Terrace Lodge. NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: 1. THAT the Warden and the Chief Administrative Officer of the County of Elgin be and are hereby authorized to sign the Collective Agreement between the County of Elgin and the Service Employees International Union Local 1 Canada setting forth collective bargaining relations, disposition of grievances and to define working conditions and terms of employment for all full and part-time employees of Elgin Manor; all full and part-time employees of Terrace Lodge; and all full and part-time employees of Bobier Villa represented by the said Union. TH READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 12 DAY OF MARCH 2013. Mark G. McDonald, Cameron McWilliam, Chief Administrative Officer. Warden. 202