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10 - September 24, 2013 County Council Agenda ORDERS OF THE DAY FOR TUESDAY, September 24, 2013 – 9:00 A.M. Official County Photograph at 8:30 A.M. ORDER 1st Meeting Called to Order 2nd Adoption of Minutes – July 23, 2013 3rd Disclosure of Pecuniary Interest and the General Nature Thereof 4th Presenting Petitions, Presentations and Delegations DELEGATION: 9:00 a.m. Elizabeth VanHooren, General Manager Kettle Creek Conservation Authority on behalf of Long Point, Catfish Creek and Lower Thames Valley Conservation Authorities with presentation on “Proposed Joint Shoreline Management Plan” 9:15 a.m. Dan McNeil, C.E. Ward One Councillor and Member-Healthy Communities Partnership Committee and Erica Arnett, health Promoter – Elgin St. Thomas Public Health and Coordinator – Healthy Communities Partnership with PowerPoint Presentation titled “Elgin St. Thomas Active Transportation Initiative” 10:00 a.m. Ceremonial planting of a sycamore tree in honour of National Tree Day, north lawn, Administration Building 11:30 a.m. United Way cheque presentation to Dr. Greg Johnston of the United Way Campaign Committee 5th Motionto 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 Item (see separate agenda) 10th Recess 11th Motion to Rise and Report 12th Motion to Adopt Recommendations from the Committee Of The Whole 13th Consideration of By-Laws 14th ADJOURNMENT LUNCH WILL BE PROVIDED NOTICE: Deputy Warden for September - Councillor Marr Deputy Warden for October - Councillor Walters October 22, 2013 County Council Meeting November 12, 2013County Council Meeting November 15, 2013 2013 Warden’s Banquet - Dutton-Dunwich Community Centre November 23, 2013 Elgin County Annual Christmas Party November 26, 2013 County Council Meeting 1 Draft COUNTY COUNCIL MINUTES Tuesday, July 23, 2013 The Elgin County Council met this day at the Administration Building at 9:02 a.m. with all members present except Councillors Jenkins and McIntyre, who sent their regrets. Warden McWilliam in the Chair. ADOPTION OF MINUTES Moved by Councillor Walters Seconded by Councillor Couckuyt THAT the minutes of the meeting held June 25, 2013 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF – None. DELEGATIONS Elgin County Crier, Dave Phillips, presented a cry regarding the 2013 World Invitational Town Crier Competition, August 1 – 5, 2013, in Kingston, at which he will be a competitor, representing the County. The Warden wished him well and presented him with gifts to be given to the mayor of Kingston. Retirement Recognition: The intended recipient was unable to attend. Elizabeth Sebestyen, Housing Services Administrator, St. Thomas-Elgin Ontario Works and Tim Welch of Tim Welch Consulting Inc., presented a report titled “Draft 10-year Housing and Homelessness Plan” and a PowerPoint titled “Housing and Homelessness Plan for the City of St. Thomas – Elgin County.” Moved by Councillor Mennill Seconded by Councillor Marr THAT the report titled “Draft 10-year Housing and Homelessness Plan” dated July 23, 2013; and, THAT the presentation titled “Housing and Homelessness Plan for the City of St. Thomas – Elgin County” dated July 23, 2013 be received and filed. - Carried. Moved by Councillor Ens Seconded by Councillor Walters THAT we do now move into Committee Of The Whole Council. - Carried. REPORTS International Plowing Match Legacy Agricultural Scholarship: 2013 Winners – Warden The Warden presented the report on the two recipients of the 2013 scholarships. Moved by Councillor Walters Seconded by Councillor Couckuyt THAT the Warden and County Council acknowledge and congratulate Jessica Dryfhout of the Township of Southwold and Kyle Krebs of the Municipality of West Elgin as the 2013 winners of the International Plowing Match Legacy Agricultural Scholarship. - Carried. 2 Rodney and West Lorne Libraries: Revised Hours of Operation – Library Supervisor The Director of Community and Cultural Services presented the report outlining new hours of operation at the two libraries. Moved by Councillor Wiehle Seconded by Councillor Marr THAT the hours of operation for the Rodney and West Lorne Libraries as outlined in the report titled “Rodney and West Lorne Libraries: Revised Hours of Operation” dated June 26, 2013 be approved, effective September 30, 2013. - Carried. Acceptance of Court House Time Capsule Proposal – Director of Community and Cultural Services The director presented the report outlining the proposal for the County’s contribution to the time capsule at the redeveloped Elgin County Courthouse. Moved by Councillor Mennill Seconded by Councillor Ens THAT the report titled “Acceptance of Courthouse Time Capsule Proposal” dated June 27, 2013 be received and filed. - Carried. Library Branch Construction Policy Interest-Free Loan Revisions – Director of Community and Cultural Services The director presented the report on the levels of interest-free loans available for library construction. Moved by Councillor Mennill Seconded by Councillor Couckuyt THAT the “Library Branch Construction Policy” be further amended to provide for interest- free loan limits of $100,000 for small libraries, $200,000 for medium libraries and $400,000 for large libraries and to eliminate restrictions on the number of projects that may be approved in a calendar year. - Carried. Quarterly Information Report: Contract Awards January 1, 2013 to March 31, 2013 – Purchasing Coordinator The purchasing coordinator presented the report on the contracts awarded for the first quarter of 2013. Moved by Councillor Marr Seconded by Councillor Ens THAT the report titled “Quarterly Information Report: Contract Awards, January 1, 2013 to March 31, 2013” dated July 4, 2013 be received and filed. - Carried. 2012 Annual Report – Director of Financial Services The director presented the report, noting highlights of 2012. Moved by Councillor Walters Seconded by Councillor Couckuyt THAT the report titled “2012 Annual Report” dated July 16, 2013 be received and filed; and, 3 THAT the 2012 Annual Report be approved; and, THAT the 2012 Annual Report, Consolidated Financial Statements, Financial Information Return and Municipal Performance Measures Program be issued once the financial statements have been audited. - Carried. Gas Tax Indexing – Director of Financial Services The director presented the report outlining the change in the Gas Tax Fund. Moved by Councillor Marr Seconded by Councillor Mennill THAT the report titled “Gas Tax Indexing” dated July 16, 2013 be received and filed. - Carried. Capping and Clawback By-Laws – Director of Financial Services The director presented the report regarding the review of the County’s current tax policy and the resulting capping and clawbacks. Moved by Councillor Walters Seconded by Councillor Ens THAT the County tax policy set the annualized tax limit increase at 10 percent, the prior year’s current value assessment tax limit increase at five percent, and the CVA threshold for protected (increasing) properties at $250, and the “Stay at CVA Tax” to yes; and, THAT the necessary by-law be prepared. - Carried. The meeting recessed for 10 minutes. GIS Parcel Realignment and Correction Proposal – Manager of Planning The manager presented the report on the proposal to provide accrual mapping for partner municipalities. Moved by Councillor Ens Seconded by Councillor Couckuyt THAT County Council endorse the recommendation of local municipal CAO’s and direct the Manager of Planning and the Purchasing Coordinator to prepare a Request for Proposal to proceed with a parcel realignment and correction project on behalf of Elgin’s seven local municipalities, effective in 2014, and that the costs be allocated to each local municipality based on parcel counts and that private sector contributions be pursued in order to reduce overall costs; and, THAT County Council direct staff to advise and seek approval from all local municipal Councils of all costs associated with such project prior to the County of Elgin entering into any agreement(s) with vendors; and, THAT County Council direct staff to renew a multi-end user agreement with Teranet for the delivery of Digital Assessment Parcel Fabric on behalf of local municipalities. - Carried. Official Plan of the County of Elgin: Draft Decision – Manager of Planning The manager presented the report, outlining the decision on the County of Elgin’s Official Plan issued by the Ontario Ministry of Municipal Affairs and Housing and the modifications proposed by the province. He noted the attachments sent out in the original report on July 18, 2013 had been replaced in an addendum, sent out separately, on July 22, 2013. 4 Moved by Councillor Walters Seconded by Councillor Ens THAT Council of the Corporation of the County of Elgin accepts the decision of the Ministry of Municipal Affairs and Housing dated July 19, 2013 which includes 57 modifications to the County of Elgin Official Plan which was adopted by By-Law 12-17 on July 24, 2012; and, THAT County Council requests the Ministry of Municipal Affairs and Housing to approve the County of Elgin Official Plan. - Carried. 2013/2014 Annual Long-Term Care Homes Funding Announcement – Director of Homes and Seniors Services The director presented the report outlining the annual increase in funding from the Ministry of Health and Long-Term Care for the County’s Homes. Moved by Councillor Marr Seconded by Councillor Wiehle THAT the report titled “2013/2014 Annual Long-Term Care Homes Funding Announcement” dated July 4, 2013 be received and filed. - Carried. Asset Management Plan: Request for Proposal – Director of Engineering Services The director presented the report outlining the County’s success in securing funding through the Municipal Infrastructure Investment Initiative Asset Management Program, and the recommendation to hire one company to complete the program. Moved by Councillor Mennill Seconded by Councillor Marr THAT Dillon Consulting Limited Request for Proposal, dated May 15, 2013 be selected for the Asset Management Plan, Contract No. 6290-13-05 at a total price of $39,685, exclusive of taxes. - Carried. Clearing Exemption Application for North Part Lot 11, Concession 3 Municipality of Dutton/Dunwich – Tree Commissioner/Weed Inspector (Addendum Report) The Tree Commissioner presented the report recommending that the exemption be approved. Moved by Councillor Walters Seconded by Councillor Wiehle THAT Council approve an Exemption for Woodlands Clearing conditional on the applicant contributing an amount of $3 per seedling to a local planting agency. The number of seedlings in the replanting agreement as per the “No Net Loss” policy is 3,500. - Carried. CORRESPONDENCE Items for Consideration 1. Amanda Gubbels, Deputy Clerk/Deputy Administrator, Township of Warwick with a resolution titled “Not A Willing Host Community” for Industrial Wind Turbine Projects. The following recommendation was adopted in regard to Correspondence Item #1: 5 Moved by Councillor Walters Seconded by Councillor Marr THAT Correspondence Item #1 be received and filed. - Carried. Items for Information (Consent Agenda) 1. Patricia Li, Assistant Deputy Minister, Ministry of Health and Long-Term Care with correspondence regarding the land ambulance service grant for the 50:50 partnership for the 2013 calendar year. 2. Bonnie Vowel, President, Ex-Warden’s Association with appreciation correspondence regarding the County of Elgin sponsoring the cost of the annual luncheon. 3. Cathy Fox, Communications and Public Relations Specialist, St. Thomas Elgin General Hospital with media release titled “STEGH Captures Two SW LHIN Quality Awards Improving Patient Care with the Home First Initiative, and Reducing ER Wait Times.” 4. Courtney Bell, Executive Assistant, St. Thomas Elgin General Hospital with media release titled “STEGH Foundation Announces New Foundation Executive Director.” 5. Minutes of the Rural Initiatives Committee Meeting held on July 2, 2013. 6. Backus Page House Museum’s brochure and poster. 7. Maureen Beatty, Municipal Advisor, Ministry of Municipal Affairs and Housing with notice of date change for the ministry’s 2013 Ontario West Municipal Conference from November 22, 2013 to November 15, 2013. 8. Kim Eitel, Executive Assistant, Elgin St. Thomas Public Health with correspondence regarding the 2012 Annual Report. 9. Claude Dauphin, President, Federation of Canadian Municipalities (FCM) with his first message as FCM’s new President. 10. Elgin Federation of Agriculture Farm Adventure Tour with invitation to join the tour of farms and agri-businesses in Central Elgin, Southwold, Dutton/Dunwich and West Elgin on September 7, 2013. 11. Dan Mathieson, Chair, Municipal Property Assessment Corporation (MPAC) with an update on MPAC. 12. Federation of Canadian Municipalities with sympathies to Lac-Megantic. In regard to Correspondence Item #5: The Warden spoke to the Minister of the Rural Initiatives Committee and highlighted the various discussions points, noting the specification items under consideration. Moved by Councillor Marr Seconded by Councillor Ens THAT Correspondence Items #1 – 12 be received and filed. - Carried. OTHER BUSINESS Statements/Inquiries by Members The Warden announced that the nomination of the late John Wise to the Canadian Agricultural Hall of Fame by the County of Elgin and the Elgin Holstein Club had been accepted. The induction ceremony will take place on November 3, 2013 at the kickoff of the Royal Agricultural Winter Fair, Toronto. He thanked the members of the nomination committee for their input. 6 Notice of MotionNone – Matters of Urgency The Warden asked council to consider making a donation to the community of Lac-Megantic which experienced a terrible loss of life and fire in a train explosion. Council agreed to consider this request. Moved by Councillor Mennill Seconded by Councillor Wiehle THAT Elgin County Council provide grant assistance in the amount of $5,000 to Lac- Megantic, Quebec; and, THAT Council express its deep sympathy to the Mayor and her citizens in view of the tragic events in her community. - Carried Unanimously. Closed Meeting Items Moved by Councillor Marr Seconded by Councillor Couckuyt THAT we do now proceed into closed meeting session in accordance with the Municipal Act, Section 240.2 (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board On-going Litigation with a Consulting Firm; Section 240.2 (b); two items: personal matters about an identifiable individual, including municipal or local board employees – SEIU Arbitration Outcome & Elgin County Homes – Operational Requirements and Restructuring Needs; and, Section 240.2 (c);two items: a proposed or pending acquisition or disposition of land by the municipality or local board – POA Property Options: Continued & Facility Plan for Museum and Provincial Offences Court: Next Steps. - Carried. The Director of Engineering Services presented the report titled “On-going Litigation with a Consulting Firm”. The Director of Human Resources presented the report titled “SEIU Arbitration Outcome”. The Director of Homes and Seniors Services presented the report titled “Elgin County Homes – Operational Requirements and Restructuring Needs”. The Director of Financial Services presented the report titled “Provincial Offences Act (POA) Property Options: Continued”. The Director of Community and Cultural Services received permission from County Council to bring the report titled “Facility Plan for Museum and Provincial Offences Court: Next Steps” into the open session for discussion. Moved by Councillor Marr Seconded by Councillor Couckuyt THAT we do now rise and report. - Carried. Moved by Councillor Mennill Seconded by Councillor Ens THAT the confidential report titled “Ongoing Litigation With a Consulting Firm” dated July 8, 2013 be received and filed. - Carried. 7 Moved by Councillor Walters Seconded by Councillor Marr THAT staff be authorized and directed to ratify the agreement with SEIU, Local 1 Canada regarding an arbitration settlement as described in the confidential report dated July 2, 2013. - Carried. Moved by Councillor Mennill Seconded by Councillor Wiehle THAT County Council approve the new position of Resident Care Coordinator effective immediately; and, THAT the confidential report titled “Elgin County Homes: Operational Requirements and Restructuring Needs” dated July 8, 2013 be received and filed; and, THAT Elgin County Council continue to lobby the Ministry of Health and Long-Term Care for increased funding in the Nursing Envelope to meet the new requirements and regulations. - Carried. Moved by Councillor Ens Seconded by Councillor Walters THAT the confidential report titled “Provincial Offences Act Property Options: Continued” dated July 8, 2013 be received for information purposes and retained for future reference. - Carried. REPORT Facility Plan for Museum and Provincial Offences Court: Next Steps – Director of Community and Cultural Services The director presented the report on the construction of a new facility on County property to house a museum and Provincial Offences Act Court. Councillor Walters requested consideration be given to new Council Chambers. Moved by Councillor Walters Seconded by Councillor Marr THAT the recommendations be amended to include: THAT these plans include an investigation of the feasibility of creating a new council chambers to permit adequate attendance and representation from the public. - Carried. The main motion, as amended, was then put to a vote as follows: Moved by Councillor Mennill Seconded by Councillor Walters THAT County Council support in principle the development of a new facility by the year 2017 on County property south of the Elgin County Administration Building in order to meet the identified space needs of the Provincial Offences Act Court (POA) and Elgin County Museum; and, THAT the Provincial Offences Act Court space needs proceed regardless of the outcome of Museum funding with a targeted completion date of January 1, 2017; and, THAT an architect be directed to develop plans that would encompass a new POA court facility to be built on County property by 2017 and be scalable to permit the construction of a new Elgin County Museum provided targeted fundraising/grant levels can be achieved to offset construction costs of the Museum ($2 million); and, 8 THAT these plans include an investigation of the feasibility of creating a new council chambers to permit adequate attendance and representation from the public; and, THAT staff be authorized to further develop cost estimates and detailed architectural drawings for Council’s consideration with funds drawn from “Building Improvements/Space Needs” (Project #2660-1307); and, THAT staff be authorized to develop a more detailed financial plan, including a fundraising strategy and future operational costs, in support of this project for Council’s approval as part of 2014 budget deliberations; and, THAT staff be authorized to apply for funding from federal, provincial and private sources in support of the Museum project as opportunities arise; and, th THAT Council dedicate the proposed Museum project in honour of the 150 Anniversary of the Confederation of Canada and Ontario in the year 2017. - Carried. PRESENTATION The Warden introduced the recipients of the International Plowing Match (IPM) Legacy Agricultural Scholarships for 2013: Jessica Dryfhout of the Township of Shedden, and Kyle Krebs of the Municipality of West Elgin. They both thanked council and the IPM Committee for the scholarships. Motion to Adopt Recommendations of the Committee of the Whole Moved by Councillor Marr Seconded by Councillor Ens THAT we do now adopt recommendations of the Committee Of The Whole. - Carried. BY-LAWS Moved by Councillor Walters Seconded by Councillor Couckuyt THAT By-Law No. 13-15 “Being a By-Law to Adopt Optional Tools for the Purpose of Administering Limits for the Commercial, Industrial and Multi-Residential Property Classes” be read a first, second and third time and finally passed. - Carried. Moved by Councillor Mennill Seconded by Councillor Marr THAT By-Law No. 13-16 “Being a By-Law to Establish Revenue Neutral Clawback Percentages for Certain Property Classes” be read a first, second and third time and finally passed. - Carried. Moved by Councillor Couckuyt Seconded by Councillor Wiehle THAT By-Law No. 13-17 “Being a By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the July 23, 2013 Meeting” be read a first, second and third time and finally passed. - Carried. 9 County Council 9 July 23, 2013 ADJOURNMENT Moved by Councillor Walters Seconded by Councillor Wiehle THAT we do now adjourn at 12:15 p.m. and meet again on September 24, 2013 at the County Administration Building Council Chambers at 9:00 a.m. - Carried. Mark McDonald, Cameron McWilliam, Chief Administrative Officer. Warden. 10 Date: September 11, 2013 To: Warden Cameron McWilliam Elgin County Council From: Elizabeth VanHooren, General Manager Kettle Creek Conservation Authority on behalf of Long Point, Catfish Creek and Lower Thames Valley Conservation Authorities Re: Proposed Joint Shoreline Management Plan FOR CONSIDERATION THAT Elgin County agree to participate in the initiative and consider funding during the 2014 Budget deliberations. BACKGROUND In an ongoing effort to find efficiencies of scales the Catfish Creek Conservation Authority (CCCA), Kettle Creek Conservation Authority (KCCA), Long Point Region Conservation Authority (LPRCA) and Lower Thames Valley Conservation Authority (LTVCA) are considering a collaborative update to their respective Shoreline Management Plans. Currently, CCCA, KCCA, LPRCA and LTVCA have separate Shoreline Management Plans covering the coastal zone of the Lake Erie shoreline in their respective watersheds. These reports were prepared independently by the same consultant in the late 1980s. It is recommended that Shoreline Management Plans be updated every twenty-five years. As such, the current plans are out-of-date and need to take into consideration current mapping and technical standards pertaining to shoreline hazards. To date, all four conservation authorities within Elgin County (also known as the Lake Erie Basin Shoreline Management Collaborative) have passed motions to proceed in the development of a Joint Shoreline Management Plan. A collaborative of this nature would provide a more consistent technical study and guide for municipal land-use planning along the shoreline.In addition, a joint plan would provide for a more accurate investigation into the dynamics of the entire extent of the shoreline rather than a sectional or watershed view. The plan would examine the natural hazards and protection along the shoreline providing recommendations for sustainable development of the shoreline ecosystems and land uses. In Elgin County, the conservation authorities have been directed to approach County Council to cover fifty per cent of the project cost with lower tier municipalities being asked to fund the other half based on the amount of shoreline within their jurisdiction. This project is targeted for implementation in 2014 with completion most likely in 2015. 11 2 This investment should assist shoreline municipalities to manage the risk associated with damages to public infrastructure including roads and utilities from erosion. In addition, a joint plan is more cost effective than conducting five individual plans. A joint plan will eliminate the retention of multiple consultants and streamline meeting and administrative costs translating into what should be real cost savings for benefiting municipalities. Moreover, a joint plan could be incorporated into the Official Plans of the participating municipalities, thus ensuring the integrity of the investment by requiring the Shoreline Management Plan to be reviewed and updated every five years. The Joint Shoreline Management Plan would include a Steering Committee with a representative (staff or council) from each participating municipality. The Joint Shoreline Management Plan Steering Committee will review and comment on project documentation, assist in developing and finalizing a terms of reference, as well as attend public and progress meetings as deemed necessary. It is expected that the Steering Committee will meet several times throughout the project. 12 LAKE ERIE/COUNTY OF ELGIN Shoreline Management Why now? ECONOMIC LOSS DUE TO SHORELINE EROSION CAN EXCEED TENS OF MILLIONS OF DOLLARS. A $150,000 INVESTMENT CAN HELP MANAGE THE RISK. Of the 90 kilometers of Lake Erie shoreline in Elgin County’s jurisdic- tion, 60% is managed by decades old shoreline management plans and 40% doesn’t have a plan to ensure that development does not increase flooding, erosion and dynamic beach hazards. Erosion rates have been as high as 14 feet per year. I n 1989, conservation authorities Eliminate the retention of multiple throughout the Province completed consultants, streamline meeting and independent shoreline management administrative costs, translating into plans within their respective jurisdictions. real cost savings; These plans established acceptable set Recognizes coastal processes on the backs for development along Lake Erie. proper scale (i.e. littoral movement); The purpose of the plans was to balance the Provide for a consistent management options of shoreline prevention, protection, approach throughout the entire County environmental impact, monitoring, emer-of Elgin. gency response and public education in an overall management plan of the shoreline Shoreline erosion does not affect only lake- resources.front property owners. All taxpayers are affected because public parks, swimmers, However, since that time there have been boaters, anglers, utilities and County infra- changes to local and provincial planning structure are all subject to costs and damag- policies, development pressures may have es of erosion. Moreover, reduced property increased and more accurate and relevant tax revenues and increased insurance costs Reduced property tax revenues mapping is available. For these reasons it due to erosion of private homes or county and increased insurance costs are is recommended that shoreline manage-infrastructure, such as roads, and flooding borne by many, even those who ment plans be updated every 25 years. is borne by all tax payers. don’t live or own a cottage on the KCCA and LPRCA are working collabora-Conservation Authorities look to member lakefront. tively to build support for a joint Lake Erie/municipalities to bear the cost of the shore- County of Elgin Shoreline Management line management update. Sharing these Plan incorporating 90 kilometers of shore-costs among the entire County would be the line in Elgin County. most equitable. It is estimated a joint pro- ject would cost $150,000. 13 A Joint Shoreline Management Plan would: 90 km and four plans Efficiencies and Collaboration REPORTS OF COUNCIL AND STAFF September 24, 2013 Reports of Council – (ATTACHED) Warden – Resolution Regarding Agricultural Hall of Fame Portrait for the late John Wise Councillor Ens and Councillor Walters – Annual Warden’s Banquet and Conference Common Meeting Room Staff Reports – (ATTACHED) Director of Community and Cultural Services – Renovations to Port Stanley Library Director of Community and Cultural Services – Library Capacity Building Grant 2013 and Provincial Support of On-Line Resources Library Coordinator – Library On-Line Resource Update Library Coordinator – Purchase of collectionsHQ Software from Library Donations Director of Financial Services – Walter Ostojic and Sons Affordable Housing – Tax Reduction Director of Financial Services – Budget Comparison – August 2013 Director of Financial Services – 2012 Audited Financial Statements Director of Engineering Services – Award of Tender – Union Road Slope Rehabilitation Director of Engineering Services – Terrace Lodge – Hot Water Tank Replacement Director of Engineering Services – Emergency Medical Services – Approval of Medavie EMS Ontario Director of Engineering Services – Speed Zone Amendment: Graham Road, Talbot Line and Dexter Line Director of Engineering Services – King George VI Lift Bridge – Operating Agreement with Central Elgin Director of Engineering Services – Automated External Defibrillators Director of Homes and Seniors Services – Registered Nurses’ Association of Ontario’s Long- Term Care Best Practices Initiative General Manager of Economic Development – Elgin County Tourism Membership Program Proposed Fees & Charges Change Business Development Coordinator – Sustainable Food System: Elgin County Pilot Project Marketing Assistant – 2013-2014 Events Calendar for United Way Committee 32 RESOLUTION REGARDING AGRICULTURAL HALL OF FAME PORTRAIT FOR THE LATE JOHN WISE “WHEREAS the late John Clayton Wise has been accepted into the Canadian Agricultural Hall of Fame for 2013; and, WHEREAS Elgin County Council and the Elgin County Holstein Association were honoured to co-nominate Mr. Wise for this prestigious honour given his past service to Elgin including his tenure as Warden and leader in the Agricultural Community; and, WHEREAS it is customary and appropriate to commission a portrait of the successful nominee for inclusion into the Canadian Agricultural Hall of Fame in commemoration of Mr. Wise’s outstanding contributions to his county, community and the many organizations in which he served; NOW THEREFORE BE IT RESOLVED THAT Elgin County Council and the Elgin County Holstein Association jointly fund the portrait and attendant costs (estimated at $4000-$5000) to complete the nomination process and provide an indelible reminder of a great and selfless leader in Mr. John Clayton Wise.” 33 REPORT TO COUNTY COUNCIL FROM: Councillor Ens and Councillor Walters DATE: September 12, 2013 SUBJECT: Annual Warden’s Banquet and Conference Common Meeting Room INTRODUCTION: Traditionally, each year the current Warden and the County’s Social/Entertainment Committee with the Administrative Services Department plan a banquet for late in the year to honour the Warden. In addition, as per the County’s policy, each year, no later than October, council must decide if a common meeting room will be required at the February conference of Ontario Good Roads Association and the Rural Ontario Municipal Association in Toronto. BACKGROUND: A review of the annual Warden’s banquet was undertaken last year with a focus on its main purpose: celebration of the warden’s year in office. The banquet’s format was reviewed, including the rising costs of venue, food, bar and entertainment; room set-up; number of speeches and presentations. The review presented the opportunity to make improvements, which council approved for the 2012 banquet. An informal review of the 2012 banquet determined that guests enjoyed the additional time to socialize following the formal portion of the event. A review was also undertaken two years in regard to the common meeting room, which outlined the expenses associated with the rental of the room. CONCLUSION: The changes that were made in the banquet program to provide less formal activities before and immediately after dinner in order to focus on time for fellowship were successful. In regard to the common meeting room, council has not utilized a room at the conference for the last two years. RECOMMENDATION: THAT Elgin County Council approve the formal program, as attached, for the banquet for Warden McWilliam on November 15, 2013; and, 34 THAT in keeping with policy and past practice, the Social/Entertainment Committee recommends that the sponsorship of a common meeting room at the Ontario Good Roads Association and the Rural Ontario Municipal Association be discontinued in 2014 due to budgetary considerations. All of which is Respectfully Submitted Approved for Submission Councillor Ens Mark G. McDonald Councillor Walters Chief Administrative Officer 35 PROGRAM Chairpersons – Paul Ens & Bill Walters Grace – David Marr Toast to the Queen and Canada – Jim McIntyre DINNER Thanks to Caterer – Jack Couckuyt SHORT INTERMISSION Introductions:Head Table – Bill Walters County Council – Warden McWilliam Past Wardens – Dave Mennill Moment of Silence to Honour Past Wardens – Jim Jenkins Visiting Wardens and Clerks – Bernie Wiehle Greetings from – Joe Preston, MP – Jeff Yurek, MPP – Heather Jackson, Mayor City of St. Thomas Recognition of Warden: Warden’s Presentation:Remarks: Paul Ens Gift: Past Warden Bill & Barb Walters to Warden Cameron & Anne Marie McWilliam Warden’s Remarks 36 FROM: Brian Masschaele, Director of Community and Cultural Services DATE: August 19, 2013 SUBJECT: Renovations to Port Stanley Library This report informs Council that renovations and accessibility improvements to Port Stanley Library will be taking place during fall 2013 and early 2014 as part of larger improvements being made to the Port Stanley Festival Theatre property. The Port Stanley Library is comprised of 4,640 square feet and is leased by the County from the Port Stanley Festival Theatre (PSFT).PSFT has announced plans for major renovations and an expansion to the theatre portion of the adjacent building which will a portion of the south facing and existing pillars must be reinforced to provide enhanced load-bearing for an expansion taking place to the theatres portion of the floor above. PSFTortunity to consider other improvements to the library. Staff are pleased to report that PSFT has agreed to proceed with the following improvements at their cost: Installation of a receiving dock and interior corridor on the southeast corner of the building; Erection of walls for a staff work area with a kitchenette and staff bathroom in accordance with accessibility requirements; New windows along the entire south side of the building. The harbor view window in the lounge area of the library will be left intact; Painting and installation of new flooring throughout, including tile in high traffic areas in the centre corridor. In addition, the library will be contributing approximately $35,000 towards this project existing capital budget for accessibility upgrades to facilitate the following improvements: Relocation of the circulation desk to the north wall of the building adjacent to the main entrance; Technology upgrades, including two new early literacy stations with touchscreen capability; Shelving modifications to lower shelving for accessibility purposes and improve display of collections. 37 Renovations will take place in two phases. The first phase will involve the removal and replacement of the south wall, reinforcement of the pillars, installation of the receiving dock and creation of the staff work area. It is expected that this will work will be started by October 2013 and be completed by December. A large portion of the library will be off-limits to the public and a partition wall will be installed. The library will need to close for three days in mid-October in order to pack collections and move equipment in the affected areas. The library will then operate on a modified basis during this period to amming in a room provided by the theatre, public computer usage, access to a limited collection and circulation of materials from other branches. The second phase of the project involves the remaining interior improvements such as painting, tiling and carpeting which are expected to take place in January 2014. During this phase, the library may need to close to the public for a week or more. Council can be assured that public notices will be well advertised in advance of any service disruption for both phases of this project. Staff feel that a formal collaborative partnership with PSFT be endorsed should any opportunities for joint funding of renovations arise now or in the future. PSFT fundraising efforts will likely extend over the next few years and future grant applications may require a letter of support from the library. Staff are seeking authorization to issue such support as the need arises. PSFT Executive Members have been in regular communication with staff for well over a year about the proposed renovations. PSFTcilitate library Elgin County Library.- PSFT significantly enhanced when the full scope of renovations are realized and the library will have a much more accessible and appealing space to provide high-quality library services for many years to come. THAT Elgin County Library be considered a collaborative partner on renovations taking place to the Port Stanley Festival Theatre property, and, THAT Renovations to Port Stanley Library, 2013 be received and filed. All of which is Respectfully Submitted Approved for Submission Brian Masschaele Mark G. McDonald Director of Community and Cultural Services Chief Administrative Officer 38 REPORT TO COUNTY COUNCIL FROM: Brian Masschaele, Director of Community and Cultural Services DATE: August 9, 2013 SUBJECT: Library Capacity Building Grant 2013 and Provincial Support of On-Line Resources INTRODUCTION: Staff were recently informed that the Elgin County Library will receive $4,112 from the Province of Ontario as a one-time grant to support library projects. This report outlines a proposed use of these funds for Council’s approval. It also informs Council of the significant investment being made by the Province to popular on-line resources offered by the library. DISCUSSION: The Ontario Ministry of Tourism, Culture and Sport recently notified staff that the Elgin County Library will receive $4,112 in one-time funding through the Southern Ontario Library Service under a “capacity building grant”. Funds are to be expended by February 1, 2014 and there is no matching requirement. Staff propose to utilize these funds on the following items, pending final pricing and product availability: Door-mounted people counters at the library’s four largest branches (Straffordville, Aylmer, Port Stanley and Dutton) in order to provide an accurate count of the number of patrons visiting these branches. Tablets and data projectors for use in programs. Video conferencing software (eg. Skype) and equipment for public usage. In addition to this one-time funding, staff wish to acknowledge the Province of Ontario’s financial support through the Southern Ontario Library Service of several popular on-line resources. Resources such as Ancestry, Career Cruising, Canadian Points of View and Novelist are fully funded by the Province until at least 2015, the in-kind value of which to the library is at least $20,000 per year.Many of these resources would otherwise be beyond the capacity of the library’s budget to maintain. Staff recommend that this significant contribution also be acknowledged. CONCLUSION: Staff recommend that the Warden on behalf of Council issue a letter of appreciation to the Minister of Tourism, Culture and Sport in appreciation of these one-time funds, and in recognition of the on-going support for many popular on-line resources. 39 RECOMMENDATION: THAT the Elgin County Library be authorized to expend $4,112 in one-time capacity building funding from the Ontario Ministry of Tourism, Culture and Sport by February 1, 2014 for the general purposes as outlined in the report “Library Capacity Building Grant 2013” dated August 9, 2013; and, THAT the Warden on behalf of Council issue a letter of appreciation to the Minister of Tourism, Culture and Sport and the Southern Ontario Library Service in acknowledgement of this one-time funding and the significant financial contribution to on-line resources of the Elgin County Library. All of which is Respectfully Submitted Approved for Submission Brian Masschaele Mark G. McDonald Director of Community and Cultural Services Chief Administrative Officer 40 REPORT TO COUNTY COUNCIL FROM: Sandi Loponen, Library Coordinator DATE: September 4, 2013 SUBJECT: Library On-line Resource Update INTRODUCTION: In July, library staff joined a consortial discount license arrangement with a company that provides library cardholders with streaming independent films and downloadable magazines. This report updates Council on recent acquisitions to the library’s collection of remote-access resources. DISCUSSION: As connectivity speeds improve and more vendors are able to serve content to subscribers over the internet, traditional forms of materials continue to move on-line. In terms of library collections, this trend began with downloadable audiobooks and eBooks. Downloadable movies are likely to become mainstream in the next 1-3 years. Starting in July, library patrons can choose from 60 full-colour reproductions of popular magazines and download them to their desktop, tablet or smartphone through a service called Zinio. The collection has been curated by staff to offer something for everyone, including Maclean’s,Reader’s Digest,Men’s Health, O (the Oprah Magazine) and Zoomer. There are titles that will appeal to many hobbyists, adults, children and teens. The same company, Recorded Books, also provides library patrons with access to IndieFlix, streaming movie shorts, documentaries and full-length independent films. Since streaming is the only option provided at this time, the movies cannot be downloaded. However, with both IndieFlix and Zinio, patrons can access content when they want it and where they want it. There are no wait lists, no fines and no limits on borrowing – a trend library staff hope will one day be adopted by eBook vendors. CONCLUSION: Library staff could not have acquired either Zinio or IndieFlix without the services of the Southern Ontario Library Service, which negotiated this license on behalf of public libraries in Ontario. Staff wish to keep County Council informed of these developments since the nature and number of these resources continues to grow – resources that are vital to the provision of service to County residents living both within and outside communities immediately served by library branches. 41 RECOMMENDATION: THAT the report titled “Library On-line Resource Update” dated September 4, 2013 be received and filed. Sandi Loponen Mark G. McDonald Library Coordinator Chief Administrative Officer Brian Masschaele Director of Community and Cultural Services 42 REPORT TO COUNTY COUNCIL FROM: Sandi Loponen, Library Coordinator DATE: August 29, 2013 SUBJECT: Purchase of collectionHQ Software from Library Donations INTRODUCTION: CollectionHQ is software that analyzes a library’s collection to inform staff of ways to maximize the use and placement of library materials, identify items that should be replaced, and suggest materials to add to the collection. As a member of the Ontario Library Consortium (OLC), Elgin County Library has negotiated a discounted price of $2,000 for this software, plus a one-time set up fee of $500. This report recommends Council’s authorization for the library to purchase a one-year license of this software from the library’s donations account. DISCUSSION: Elgin County Library collections are selected, maintained and withdrawn by the Library Technicians on staff. These responsibilities come in addition to responding to in-depth research questions and one-on-one technology training with library patrons, a task that has required more staff time with the proliferation of tablets and other reading devices. Currently, staff rely on reports generated from circulation records to make decisions to remove materials that are no longer in demand by patrons. Some consideration is given as to whether items might perform better in another community’s branch, but this is a very time-intensive process. CollectionHQ would provide staff with performance measures of library materials at-a- glance and identify the communities where certain authors and subjects are in highest demand. Using this evidence-based system, items that are no longer new would periodically be shifted to the branch location where they would receive the most use, maximizing value for money and saving staff time. In addition, collectionHQ can identify materials by specific subject that the library has overstocked and under stocked in each branch to help fill collection gaps. And by comparing our collection against data from other library systems, staff can be made aware of titles that are performing well at other library systems but are not currently part of our collection. Since collectionHQ is made available under the software-as-service model, no hardware would need to be purchased and no maintenance would be required by IT staff. A snapshot of the library’s bibliographic data would be sent to the vendor monthly via FTP, a process the library currently employs with other vendors. Configuration and maintenance would be completed by library staff in partnership with the vendor. 43 CollectionHQ has been purchased by 10 library systems in the OLC including Huron, Middlesex, Oxford, Waterloo Region and Wellington. First-year feedback from these early adopters has been positive and the product comes recommended. CONCLUSION: Library staff would benefit greatly from using collectionHQ to save time and maximize collection spending. Funds are available in the library’s donations account to assist with a one-year purchase. Since the library will explore the marketplace for an integrated library system to best meet needs beyond 2015, it is good timing to undertake an analytic assessment of collections to ensure the existing bibliographic database is streamlined and clean in the event the library moves to a new system. Should staff determine that it would be worthwhile to continue this subscription after the first year, staff will bring forth further information as part of a future budgetary request. RECOMMENDATION: THAT Elgin County Library staff be authorized to purchase collectionHQ at a cost of $2,500 from funds in the library’s donations account (2680-13-01); and, THAT the report titled “Purchase of collectionHQ Software from Library Donations” dated August 29, 2013 be received and filed. Sandi Loponen Mark G. McDonald Library Coordinator Chief Administrative Officer Brian Masschaele Director of Community and Cultural Services 44 REPORT TO COUNTY COUNCIL FROM: Jim Bundschuh – Director of Financial Services DATE: August 26, 2013 SUBJECT: Walter Ostojic and Sons Affordable Housing – Tax Reduction INTRODUCTION: The Town of Aylmer has requested that the County of Elgin apply the residential ratio of one (1) to a property that would otherwise carry the multi-residential ratio of 2.3458. The multi-residential properties pay almost two and one-half times the tax rate of residential. DISCUSSION: Section 110(6) of the Municipal Act allows for this reduction once a corporation under this program has entered into an agreement with the designated Consolidated Municipal Service Manager, the City of St. Thomas. Aylmer has passed by-law 09-10 allowing for the reduction in tax ratio for the Walter Ostojic and Sons General Construction Ltd. affordable housing project and has requested that the County also reduce the ratio on this property. Using 2013 County tax rates, every $1 million of assessment would represent a savings to the Walter Ostojic and Sons General Construction Ltd. Project of $7,908 in County taxes. This reduction in their taxes would then be borne by other taxpayers across the County. CONCLUSION: Council has shown its support for affordable housing projects. The reduction of the tax ratio on this property will assist in keeping rents reasonable by reducing the annual operations expenditures. 45 RECOMMENDATION: THAT Council approve a tax ratio of one (1) for the Walter Ostojic and Sons General Construction Ltd. affordable housing project (Roll # 3411-010-06405, PLAN 164 PT BLKS L AND M RP, 11R2782 PART 3 AND PT PART 2, Town of Aylmer); and, THAT this tax ratio shall apply to taxation as of the effective date of the first supplementary or omitted assessment notice on the property; and, THAT a by-law be prepared; and, THAT the Town of Aylmer be requested to keep the County of Elgin apprised as to the status of the assessment on this property. All of which is Respectfully Submitted Approved for Submission Jim Bundschuh Mark G. McDonald Director of Financial Services Chief Administrative Officer 46 FROM: Jim Bundschuh Director of Financial Services DATE: September 4, 2013 SUBJECT: Budget Comparison August 2013 Attached is the budget comparison for August 2013 year-to-date (YTD) for the County with favourable performance of $479 thousand; an improvement of $229 thousand since the last reported May YTD financials. Highlights of the budget performance for June through August are as shown on Attachment I as follows: Line 17 Engineering: $36 thousand favourable performance resulting from move permits. Line 18 Homes: $139 thousand favourable performance resulting predominately from hours worked being better than budgeted. August 2Sept 4, 2013 be received and filed. All of which is Respectfully Submitted Approved for Submission Jim Bundschuh Mark G. McDonald Director of Financial Services Chief Administrative Officer 47 YTDPrior Report County of Elgin Income StatementActualMay Perform. Change As of August 31, 2013Expenses RevenueNetNetPerformance Since Total 1 (13,289,659) 4,387 (13,285,272) (239) (20) (219) TAXES 2INTEREST CHARGES & INCOME(44,072) (44,056)164903 493 3SOCIAL SERVICES - ST. THOMAS 1,577,400-1,577,400(43,250)(8,650) (51,900) 4 HEALTH UNIT 625,573-625,573- - - 5 GRANTS 801,915-801,915- - - 6 RENTAL INCOME (125,508)109,922(15,586)-(0) (0) 7 PROPERTY ASSESSMENT 539,730-539,730- - - 8 ONTARIO MUNICIPAL PARTNERSHIP FU(1,328,175) (1,328,175)-- - - 9 PROJECTS(11,150)166,780155,63020 2 - - - (0) - (0) 10 Total Corporate(14,798,564)3,825,723(10,972,841)(42,778)(8,866) (51,644) 11 WARDEN AND COUNCIL 200,033(23)200,0107,85511,930 19,785 12 ADMINISTRATIVE SERVICES(13,210)298,143284,93318,6839,547 28,230 13 FINANCIAL SERVICES 343,591-343,59110,1521,230 11,382 14 HUMAN RESOURCES(20,287)322,926302,63818,2413,5914,650 1 15 ADMINISTRATION BUILDING(270,325)481,554211,22921,78011,709 33,489 16 CORPORATE SERVICES 406,745-406,7455,5696,008 11,577 17 ENGINEERING SERVICES(1,017,587)9,971,9708,954,3835,80135,500 41,301 18 HOMES FOR SENIORS SERVICES(11,714,485)14,098,6332,384,148218,44779,690138,757 19 MUSEUM/ARCHIVES(35,270)285,948250,6793,546(2,308) 1,238 20 LIBRARY SERVICES(51,605)1,786,9241,735,3196,202237 6,439 21 INFORMATION TECHNOLOGIES(9,096)571,989562,89323,5156,258 29,773 22 PROVINCIAL OFFENSES(1,175,855)906,143(269,712)(2,849)(2,537)(312) 23 COLLECTIONS - POA(219,086)208,153(10,932)(547)848 301 24 AMBULANCE & EMERGENCY SERVICES(4,052,085)5,956,9601,904,87649,273(9,229) 40,044 25 ECONOMIC DEVELOPMENT & TOURISM(108,656)876,706768,05050,03022,846 72,876 ---- - - 26 Total Departmental(18,687,569)36,716,41818,028,850292,603237,669 530,272 27 Total(33,486,133)40,542,1417,056,008249,825228,803 478,628 48 H:\13ManagmentReports\Summary Report Aug16/09/2013 9:14 AM 49 CORPORATION OF THE COUNTY OF ELGIN Consolidated Financial Statements December 31, 2012 50 THE CORPORATION OF THE COUNTY OF ELGIN Consolidated Financial Statements For the Year Ended December 31, 2012 Table of ContentsPAGE Independent Auditors' Report1 Consolidated Statement of Financial Position2 Consolidated Statement of Operations and Accumulated Surplus3 Consolidated Statement of Changes in Net Financial Assets4 Consolidated Statement of Cash Flows5 Notes to the Consolidated Financial Statements6 - 17 Consolidated Schedule of Segment Disclosure 18 - 19 Consolidated Schedule of Tangible Capital Assets20 - 21 51 INDEPENDENT AUDITORS' REPORT To the Members of Council, Inhabitants and Ratepayers of The Corporation of the County of Elgin : Report on the Consolidated Financial Statements The Corporation of the County of Elgin We have audited the accompanying consolidated financial statements of , which comprise the consolidated statement of financial position as at December 31, 2012, and the consolidated statements of operations and accumulated surplus, changes in net financial assets, and cash flows for the year then ended, and a summary of significant accounting policies and other explanatory information. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these consolidated financial statements in accordance with Canadian accounting standards for public sector entities and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors' Responsibility Our responsibility is to express an opinion on these consolidated financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance whether the financial statements are free of material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the consolidated financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the consolidated financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the consolidated financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the consolidated financial statements present fairly, in all material respects, the consolidated statement of financial The Corporation of the County of Elgin position of as at December 31, 2012, and the consolidated statements of operations and accumulated surplus, changes in net financial assets, and cash flows for the year then ended in accordance with Canadian accounting standards for public sector entities. St. Thomas, Ontario CHARTERED ACCOUNTANTS September 24, 2013 Licensed Public Accountants -1- 52 THE CORPORATION OF THE COUNTY OF ELGIN Consolidated Statement of Financial Position As at December 31, 2012 2012 2011 $ $ FINANCIAL ASSETS 7,382,900 Cash and cash equivalents 11,668,395 7,581,379 Investments (Note 2)- 2,174,441 Accounts receivable2,185,374 38,781 Other assets21,093 Total financial assets17,177,501 13,874,862 FINANCIAL LIABILITIES 7,279,908 Accounts payable and accrued liabilities6,179,316 2,134,381 Employee post-retirement benefit liabilities (Note 3)2,030,974 590,000 Term loan (Note 5)- Total financial liabilities10,004,289 8,210,290 NET FINANCIAL ASSETS7,173,212 5,664,572 NON-FINANCIAL ASSETS 180,545,493 Tangible capital assets (Note 4)182,825,445 357,211 Prepaid expenses 434,136 Totalnon-financial assets180,902,704 183,259,581 ACCUMULATED SURPLUS (NOTE 6)188,075,916 188,924,153 The accompanying notes are an integral part of these consolidated financial statements. -2- 53 THE CORPORATION OF THE COUNTY OF ELGIN Consolidated Statement of Operations and Accumulated Surplus For the Year Ended December 31, 2012 Actual BudgetActual (Unaudited) 2012 20122011 $ $ $ REVENUES 26,642,540 Requisition of local municipalities26,343,18425,172,314 25,309,353 Transfer payments25,831,53125,957,060 5,718,677 User charges6,305,3406,773,436 213,176 Investment income83,81969,743 2,920,219 Other contributions2,126,2862,317,807 696,971 Gain on disposal of capital assets-- 61,500,936 Total revenues60,690,16060,290,360 EXPENSES 5,653,030 General government6,016,7895,486,152 719,409 Property assessment and support719,409705,622 26,350 Emergency measures30,26022,831 1,683,538 Provincial offences1,894,5351,846,768 11,918,255 Transportation services11,490,25912,821,803 5,292,601 Public health services5,309,2204,990,771 8,521,797 Ambulance services8,534,5198,248,347 1,386,968 Social and family services1,445,4001,463,774 20,941,101 Assistance to aged persons21,541,68320,815,173 1,696,723 Social housing1,722,6001,618,828 2,643,316 Libraries (Note 10)2,655,2712,598,066 455,762 Cultural services452,912422,783 208,088 Planning and development277,908307,154 1,134,555 Economic development1,149,1841,042,179 67,680 Agriculture and reforestation65,96462,674 62,349,173 Total expenses (Note 12) 63,305,91362,452,925 ANNUAL SURPLUS (DEFICIT)(848,237) (2,615,753)(2,162,565) ACCUMULATED SURPLUS, BEGINNING OF YEAR188,924,153 188,924,153191,086,718 ACCUMULATED SURPLUS, END OF YEAR (NOTE 6)188,075,916 186,308,400188,924,153 The accompanying notes are an integral part of these consolidated financial statements. -3- 54 THE CORPORATION OF THE COUNTY OF ELGIN Consolidated Statement of Change in Net Financial Assets For the Year Ended December 31, 2012 2012 2011 $ $ ANNUAL SURPLUS(DEFICIT)(848,237) (2,162,565) (8,813,616) Acquisition of tangible capital assets(7,890,145) 9,467,202 Amortization of tangible capital assets9,449,882 2,106,699 Proceeds on disposal of tangible capital assets- 76,925 Change in prepaid expenses (51,564) (696,971) (Gain )loss on disposal of tangible capital assets6,792 216,638 Write-down of tangible capital assets- INCREASE (DECREASE) IN NET FINANCIAL ASSETS1,508,640 (647,600) NET FINANCIAL ASSETS , BEGINNING OF YEAR5,664,572 6,312,172 NET FINANCIAL ASSETS, END OF YEAR7,173,212 5,664,572 The accompanying notes are an integral part of these consolidated financial statements. -4- 55 THE CORPORATION OF THE COUNTY OF ELGIN Consolidated Statement of Cash Flows For the Year Ended December 31, 2012 2012 2011 $ $ OPERATING ACTIVITIES (848,237) Annual surplus(2,162,565) (deficit) Add (deduct) items not involving cash: 9,467,202 Amortization of tangible capital assets9,449,882 103,407 Post employment benefits154,138 216,638 Write-down of tangible capital assets- (696,971) oss on disposal of tangible capital assets6,792 (Gain) l 8,242,039 7,448,247 Change in non-cash assets and liabilities related 1,170,762 to operations (Note 12 [b])(34,810) 9,412,801 Net change in cash from operating activities7,413,437 INVESTING ACTIVITIES (7,581,379) Purchase of investments- (7,581,379) Net change in cash from investing activities - CAPITAL ACTIVITIES (8,813,616) Acquisition of tangible capital assets(7,890,145) 2,106,699 Proceeds on disposal of tangible capital assets- (6,706,917) Net change in cash from capital activities(7,890,145) FINANCING ACTIVITIES 590,000 Term loan advances (repayment)- 590,000 Net change in cash from financing activities- CHANGE IN CASH AND EQUIVALENTS DURING THE YEAR (4,285,495) (476,708) CASHAND CASH EQUIVALENTSBEGINNING OF YEAR11,668,395 ,12,145,103 CASH AND CASH EQUIVALENTS, END OF YEAR 7,382,900 11,668,395 SUPPLEMENTARY INFORMATION: - Cash paid for interest on debt- 213,176 Cash received for interest on investments69,743 The accompanying notes are an integral part of these consolidated financial statements. -5- 56 THE CORPORATION OF THE COUNTY OF ELGIN Notes to the Consolidated Financial Statements For the Year Ended December 31, 2012 The The Corporation of the County of Elgin (the "County") is an upper-tier municipality, comprised of seven local municipalities, in the Province of Ontario. It conducts its operations guided by the provisions of provincial statutes such as the Municipal Act, Municipal Affairs Act and related legislation. 1.SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The financial statements of the County are prepared by management in accordance with Canadian generally accepted accounting principles for local governments as recommended by the Public Sector Accounting Board of the Canadian Institute of Chartered Accountants. Significant aspects of the accounting policies adopted by the County are as follows: Reporting Entity The consolidated financial statements reflect the assets, liabilities, revenues, expenses of the reporting entity. The reporting entity is comprised of all organizations, committees and local boards accountable for the administration of their financial affairs and resources to the County and which are owned or controlled by the County. Consolidated Entities There are no organizations or local boards that are consolidated in these financial statements. Proportionate Consolidation The Elgin St. Thomas Public Health has been consolidated on a proportionate basis, based upon the percentage of grant money provided by the County in comparison to the City of St. Thomas. Trust Funds Trust funds administered by the County have not been included in the consolidated statement of Financial Position nor have their operations been included in the Consolidated Statement of Operations. Basis of Accounting The consolidated financial statements are prepared using the accrual basis of accounting. The accrual basis of accounting records revenue as it is earned and measurable. Expenses are recognized as they are incurred and measurable based upon receipt of goods or services and/or the creation of a legal obligation to pay. Investments Investments consisting of money market funds and guaranteed investment certificates are carried at the lower of cost or market value. Interest income is recognized when received or receivable. -6- 57 THE CORPORATION OF THE COUNTY OF ELGIN Notes to the Consolidated Financial Statements For the Year Ended December 31, 2012 1.SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Non-Financial Assets Non-financial assets are not available to discharge existing liabilities and are held for use in the provision of services. They have useful lives extending beyond the current year and are not intended for sale in the ordinary course of operations. The change in non-financial assets during the year, together with the excess of revenues over expenses, provides the Change in Net Financial Assets for the year. i) Tangible capital assets Tangible capital assets are recorded at cost which includes all amounts that are directly attributable to acquisition, construction, development or betterment of the asset. The cost, less residual value, of the tangible capital assets are amortized on a straight-line basis over their estimated useful lives as follows: Land improvements20 years Buildings20 -40 years Furniture, fixtures and equipment8 - 16 years Computer hardware and software2 -4 years Vehicles4 years Transportation infrastructure7 - 80 years Bridges 20 - 60 years Library books8 years Amortization begins the first month of the year following the year the asset is placed in service and to the year of disposal. Assets under construction are not amortized until the asset is available for productive use. ii) Contributions of tangible capital assets Tangible capital assets received as contributions are recorded at their fair value at the date of receipt and also are recorded as revenue. iv) Works of art and cultural and historic assets Works of art and cultural and historic assets are not recorded as assets in these consolidated financial statements. -7- 58 THE CORPORATION OF THE COUNTY OF ELGIN Notes to the Consolidated Financial Statements For the Year Ended December 31, 2012 1.SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Deferred Revenue Government transfers, contributions and other amounts are received from third parties pursuant to legislation, regulation or agreement and may only be used in the conduct of certain programs, in the completion of specific work. In addition, certain user charges and fees which have been collected but for which the related services have yet to be performed. Revenue is recognized in the period when the related expense are incurred, services preformed. Government Transfers Government transfers are recognized in the consolidated financial statements as revenues in the financial period in which events giving rise to the transfer occur, providing the transfers are authorized, any eligibility criteria have been met including performance and return requirements, and reasonable estimates of the amounts can be determined. Any amount received but restricted is recorded as deferred revenue in accordance with Section 3100 of the Public Sector Accounting Handbook and recognized as revenue in the period in which the resources are used for the purpose specified. In addition, the County periodically receives senior government capital funding in the form of infrastructure grants and receives ongoing funding from both senior levels of government as a result of an allocation of the gas tax funds. Employee Benefit Plans The County provides a pension plan for its employees through the Ontario Municipal Employees Retirement System (OMERS). OMERS is a multi-employer pension plan which operates as the Ontario Municipal Employees Retirement Fund. The fund is a contributory defined benefit pension plan. As this is a multi-employer plan, no liability is recorded on the County's books. The employer's contribution to a multi-employer, defined benefit plan are expensed as the obligations arise. -8- 59 THE CORPORATION OF THE COUNTY OF ELGIN Notes to the Consolidated Financial Statements For the Year Ended December 31, 2012 1.SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Tax Revenues In 2012 the County received $26,642,540 (2011 - $25,172,314) in property tax revenues. The authority to levy and collect property taxes is established under the Municipal Act 2001, the Assessment Act, the Education Act, and other legislation. The amount of the total annual property tax levy is determined each year through Council's approval of the annual budget. Tax rates are set annually by Council for each class or type of property, in accordance with legislation and Council-approved policies, in order to raise the revenue required to meet operating budget requirements. Taxation revenues are recorded at the time billings are issued. Additional property tax revenue can be added throughout the year, related to new properties that become occupied, or that become subject to property tax, after the return of the annual assessment roll used for billing purposes. The County may receive supplementary assessment rolls over the course of the year from MPAC that identify new or omitted assessments. Property taxes for these supplementary/omitted amounts are then billed according to the approved tax rate for the property class. Taxation revenues in any year may also be reduced as a result of reductions in assessment value rising from assessment and/or tax appeals. Each year, an amount is identified to cover the estimated amount of revenue loss attributable to assessment appeals, tax appeals or other deficiencies in tax revenue (e.g. uncollectible amounts, write-offs, etc.). Use of Estimates The preparation of consolidated financial statements in conformity with Canadian generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements, and the reported amounts of revenues and expenditures during the period. Significant estimates include assumptions used in estimating provisions for accrued liabilities, allowances for vacancies, rebates and uncollectible property taxes and in performing actuarial valuations of employee future benefits. In addition, the County's implementation of the Public Sector Accounting Handbook PS3150 has required management to make estimates of historical costs and useful lives of tangible capital assets. Actual results could differ from these estimates. -9- 60 THE CORPORATION OF THE COUNTY OF ELGIN Notes to the Consolidated Financial Statements For the Year Ended December 31, 2012 2. INVESTMENTS The investments consist of guaranteed investment certificates with maturity dates extending to October 2013 and interest rates ranging from 1.20% to 1.86%. Market value of the investments approximates cost. 3. POST EMPLOYMENT BENEFITS 2012 2011 $ $ 553,003 Vacation credits582,967 1,581,378 Workplace Safety and Insurance premiums - Schedule II Employer1,448,007 2,134,381 2,030,974 The provision of certain employee vacation plans allow for the accumulation of vacation credits for use in future periods. The approximate value of these credits at December 31, 2012 $553,003 (2011 - $582,967). The County is a Schedule II employer under the Workplace and Safety and Insurance Act. As a Schedule II employer the County assumes liability for any award made under the Act. The Workplace and Safety and Insurance Board has evaluated the liability estimates for future benefit costs at December 31, 2012 as $1,581,378 (2011 - $1,448,007). -10- 61 THE CORPORATION OF THE COUNTY OF ELGIN Notes to the Consolidated Financial Statements For the Year Ended December 31, 2012 4. TANGIBLE CAPITAL ASSETS Net Book Value 2012 2011 $ $ 17,871,023 Land17,967,029 1,117,449 Land improvements1,390,753 19,433,495 Buildings20,846,616 1,916,936 Furniture, fixtures and equipment 1,709,417 560,178 Vehicles526,440 443,048 Computer hardware and software 347,664 116,765,713 Transportation infrastructure116,445,734 19,939,311 Bridges19,974,559 1,361,262 Library books1,475,793 179,408,415 180,684,005 1,137,078 Assets under construction2,141,440 180,545,493 182,825,445 For additional information, see the Consolidated Schedule of Tangible Capital Assets. During the year there were write-downs of tangible capital assets of $216,638 (2011 - $nil). 5.TERM LOAN The term loan represents the County's December 31, 2012 proportionate share of the Elgin St. Thomas Public Health's interim bank financing for the construction of a new office building to be completed by December 2013. The Public Health can borrow up to $10 million under its bank financing arrangement at prime less 3/4 % (2012 - 2.25%). -11- 62 THE CORPORATION OF THE COUNTY OF ELGIN Notes to the Consolidated Financial Statements For the Year Ended December 31, 2012 6.ACCUMULATED SURPLUS The accumulated surplus consists of individual fund surplus/(deficit) and reserves as follows: 2012 2011 $ $ SURPLUS 179,995,710 Net investment in tangible capital assets182,825,445 179,020 Share of surplus in Elgin St. Thomas Public Health175,510 9,097,372 Reserves6,958,606 189,272,102 189,959,561 AMOUNTS TO BE RECOVERED 3,145,045 Committed for completion of assets under construction3,563,049 (4,341,231) Self-financed capital projects(4,598,457) ACCUMULATED SURPLUS188,075,916 188,924,153 RESERVES Reserves set aside for specific purposes by council: - Working capital500,000 7,120,235 Contingencies3,183,484 - Insurance66,432 - Roadway purposes782,436 1,550,806 Homes for senior citizens1,565,324 216,895 Libraries and cultural services248,162 166,667 Ambulance and health services560,000 42,769 Other municipal services52,768 9,097,372 Total reserves 6,958,606 -12- 63 THE CORPORATION OF THE COUNTY OF ELGIN Notes to the Consolidated Financial Statements For the Year Ended December 31, 2012 7.PENSION AGREEMENTS The County makes contributions to the Ontario Municipal Employees Retirement Fund (OMERS), which is a multi-employer plan, on behalf of its staff. The plan is a defined benefit plan which specifies the amount of the retirement benefit to be received by the employees based on the length of service and rates of pay. The amount contributed to OMERS for 2012 was $1,409,680 (2011 - $1,220,022). 8. PUBLIC SECTOR SALARY DISCLOSURE The Public Sector Salary Disclosure Act, 1996 ( the "Act") requires the disclosure of the salaries and benefits of employees in the public sector who are paid a salary of $100,000 or more in a year. The County complies with the Act by providing the information to the Ontario Ministry of Municipal Affairs and Housing for disclosure on the public website at www.fin.gov.on.ca. 9. CONTINGENT LIABILITIES From time to time, the County is subject to claims and other lawsuits that arise in the ordinary course of business. These claims may be covered by the County's insurance up to a maximum amount per occurrence. In the opinion of management, any litigation, if successful would not have a material impact on the financial position of the County. -13- 64 THE CORPORATION OF THE COUNTY OF ELGIN Notes to the Consolidated Financial Statements For the Year Ended December 31, 2012 10.LIBRARY OPERATIONS The County Council, operating as a Committee of Council, oversees operations of the Elgin County library system. A summary of revenue and expenses of the library system operations is as follows: Actual BudgetActual (Unaudited) 2012 20122011 $ $ $ Revenue 116,739 Province of Ontario116,739116,739 - Government of Canada-6,055 85,315 Book sales, donations, and other project revenue100,943108,891 29,204 Fines34,99634,933 231,258 252,678266,618 Expenses 1,744,254 Salaries and benefits1,711,2481,650,894 339,343 Lease space341,903332,794 30,862 Project costs58,00755,732 41,092 Electronic resources and periodicals41,82232,807 23,254 Photocopy, office supplies21,99621,317 19,499 Telephone, fax20,00418,582 12,743 Travel, mileage12,00015,268 12,005 Programs11,9969,996 8,636 Staff development14,4967,562 3,841 Furniture and fixtures6,9966,874 11,131 Other14,46311,983 2,246,660 Expenses before amortization2,254,9312,163,809 396,656 Amortization396,565434,257 2,643,316 Total expenses2,651,4962,598,066 2,412,058 Net operating costs2,398,8182,331,448 -14- 65 THE CORPORATION OF THE COUNTY OF ELGIN Notes to the Consolidated Financial Statements For the Year Ended December 31, 2012 11.BUDGET FIGURES The operating budget approved by the council of the County for 2012 is reflected on the statement of operations. The budgets established for capital investment in tangible capital assets are on a project- oriented basis, the costs of which may be carried out over one or more years and, therefore, may not be comparable with current year's actual expenditure amounts. Certain budget figures have been reclassified for the purposes of these consolidated financial statements to comply with PSAB reporting requirements. The budget figures are unaudited. 12. SUPPLEMENTARY INFORMATION: 2012 2011 $ $ [a] Current fund expenditures by object: 24,821,116 Salaries, wages and employee benefits24,157,451 6,516,227 Materials and services 6,597,354 15,793,327 Contracted services16,959,970 587,508 Rents and financial expenses359,238 898,404 Tax write-offs1,088,342 9,467,202 Amortization9,449,882 4,265,389 Transfer to others3,840,688 62,349,173 62,452,925 [b] Change in non-cash assets and liabilities related to operations: (17,688) (Increase) decrease in other assets104,900 10,933 (Increase) decrease in accounts receivable(618,509) 76,925 (Increase) decrease in inventories and prepaid expenses(51,564) 1,100,592 Increase (decrease) in accounts payable and accrued liabilities530,363 1,170,762 (34,810) 13.COMPARATIVE FIGURES Certain comparative figures have been reclassified to conform to the 2011 financial statement presentation. -15- 66 THE CORPORATION OF THE COUNTY OF ELGIN Notes to the Consolidated Financial Statements For the Year Ended December 31, 2012 14. SEGMENTED INFORMATION The County is a diversified municipal government institution that provides a wide range of services to its citizens, including contract police services, fire, roads, community services, water and sewer. For management reporting purposes the County’s operations and activities are organized and reported by Fund. Funds were created for the purpose of recording specific activities to attain certain objectives in accordance with special regulations, restrictions or limitations. The County services are provided by departments and their activities are reported in these funds. Certain departments that have been separately disclosed in the segmented information, along with the services they provided, are as follows: General Government General government is comprised of County council, administration, treasury, human resources and information technology, providing services to Council and the other departments. Provincial Offences Provincial offences consists of the operations of the County's Court offices, including trials and proceedings and receiving payment for fines resulting from charges laid by various police forces and officials operating within the County. Distribution to area municipalities are also reflected. Transportation Services The County Engineer's office oversees the maintenance and capital works operations of roads and bridges throughout the County in accordance with minimum maintenance standards. Ambulance Services The County provides land ambulance services to residents from five stations located throughout the County. Health Services Health services are comprised of the County's proportional share of the operation of the Elgin St. Thomas Public Health and other public health transfers. -16- 67 THE CORPORATION OF THE COUNTY OF ELGIN Notes to the Consolidated Financial Statements For the Year Ended December 31, 2012 14. SEGMENTED INFORMATION (CONTINUED) Homes for Seniors The County operates three long-term care facilities with a total of 247 beds, and two Adult Day programs for senior citizens. It operates under provincial legislation and oversight of the Ministry of Health and Long-Term Care. Social and Family Services Social and family services consist of the County share of services that provides employment and income assistance, social housing and child care assistance to eligible participants. The social and family services program for the County is administered by the City of St. Thomas. Library and Cultural Services Library and cultural services are comprised of the operations of the County library and archives system, Pioneer Museum and other cultural services and transfers. Planning and Development Planning and development services include the preparation and administration of the County's Official Plan, economic development, tourism and agricultural and reforestation services within the County. For each reported segment, revenues and expenses represent both amounts that are directly attributable to the segment and amounts that are allocated on a reasonable basis. Therefore, certain allocation methodologies are employed in the preparation of segmented financial information. The General Revenue Fund reports on County services that are funded primarily by taxation such as property and business tax revenues. Taxation and payments-in-lieu of taxes are apportioned to General Revenue Fund services based on the Fund’s net surplus. Certain government transfers, transfer from other funds, and other revenues have been apportioned based on a percentage of budgeted expenses. The accounting policies used in these segments are consistent with those followed in the preparation of the consolidated financial statements as disclosed in Note 1. For additional information see the Schedule of Segment Disclosure. -17- 68 REPORT TO COUNTY COUNCIL FROM: Clayton Watters, Director of Engineering Services Mike Hoogstra, Purchasing Coordinator DATE: September 6, 2013 SUBJECT: Award of Tender – Union Road Slope Rehabilitation INTRODUCTION: As part of the approved 2013 Capital Budget, a tender was advertised and issued as per the County's Procurement Policy. Submissions were received until August 23, 2013 for the Union Road Slope Rehabilitation Project in the Township of Southwold, Contract No. 6090-13-02. DISCUSSION: A total of twenty six (26) companies downloaded or picked up documents for this project. Four (4) companies submitted bids for the Union Road Slope Rehabilitation Tender. Bids were received as follows: Company Bid Price (exclusive of taxes) 2153592 Ontario Limited (Elgin Construction) $474,212.79* J-AAR Excavating Limited $572,629.00 Dufferin Construction Company $592,236.40 Facca Incorporated $696,587.50 *amount corrected 2153592 Ontario Limited operating as Elgin Construction submitted the lowest bid for the project at a total price of $474,212.79, inclusive of a contingency allowance and exclusive of H.S.T., for the supply of all labour, equipment and materials. The total amount allocated for this project was $450,000.00 resulting in a shortfall. A summary of the costs are outlined below: Tender Price $ 474,212.79 HST Payable $ 8,347.00 Engineering Costs $ 32,000.00 Inspection Costs $ 15,000.00 Total: $ 529,559.79 Budget: $ 450.000.00 Difference $ 79,559.79 73 Staff are recommending that the additional funding required for this project in the amount of $80,000 be re-allocated from the Largie Bridge Replacement project. There is sufficient funding available in the Largie Bridge project account (6290-13-04) to fund the shortfall. As per the County of Elgin’s Purchasing Policy, if change orders are required and the cost increases above the tender amount approved by Council by less than 10%, and the amount is within the overall budgeted project amount, work will proceed upon authorization by the Director. However, if the cost increases above the tender amount approved by Council by more than 10%, the Director will prepare a further report to Council outlining the expenditures. Due to the tight timelines imposed by Union Gas for this project and the need for this project to begin as soon as possible, the Warden authorized that staff proceed with the award of this project to the low bidder so work could begin as soon as possible for completion by October 25, 2013. RECOMMENDATION: THAT 2153592 Ontario Limited o/a Elgin Construction be selected for the Union Road Slope Rehabilitation Tender, Contract No. 6090-13-02 at a total price of $474,212.79, inclusive of a contingency allowance and exclusive of H.S.T.; and, THAT additional funding required in the amount of $80,000 be re-allocated from the surplus from the Largie Bridge Replacement Project, Contract No. 6290-13-04 to Contract No. 6090-13-02; and, THAT if the cost increases above the tender amount approved by Council by more than 10%, the Director will prepare a further report to Council outlining the expenditures; and, THAT the Warden and Chief Administrative Officer be authorized to sign the contracts. All of which is Respectfully Submitted Approved for Submission Clayton Watters Mark G. McDonald Director of Engineering Services Chief Administrative Officer Mike Hoogstra Purchasing Coordinator 74 REPORT TO COUNTY COUNCIL FROM: Clayton Watters, Director of Engineering Services DATE: August 26, 2013 SUBJECT: Terrace Lodge - Hot Water Tank Replacement INTRODUCTION: Terrace Lodge was constructed in 1977 and recently the two hot water tanks that were replaced in 1985, have had a significant increase in maintenance. Three years ago the two hot water storage tanks were replaced and the kitchen and laundry hot water tanks were replaced eight years ago. This report recommends that the two original hot water tanks be replaced. Since this project was not budgeted for in the 2013 Capital Program, the monies will be allocated from three projects. DISCUSSION: Terrace Lodge has two kitchen and laundry hot water tanks, two hot water tanks for the rest of the building, and two storage tanks for the rest of building. The hot water tanks are 28 years old and in need of replacement, while the two storage tanks and kitchen and laundry tanks were replaced recently. The storage tanks were replaced due to the significant increase in maintenance costs, similar to the state of the original hot water tanks now. The two hot water tanks are used for all areas of the facility except the kitchen and laundry. Due to the age of the tanks, the high probability of further leaks and that the delivery of new tanks is at least three weeks, replacing the tanks soon would be appropriate. It should be noted that removing and replacing the old tanks requires a maximum of two days of no hot water for the change-over with the exception in the kitchen and laundry since that system is independent. This will require written notice to the Ontario Ministry of Health and Long-Term Care. There will be disruptions to the residents since bathing cannot occur, and there will be no hot water in any of the bathrooms. Staff have estimated the cost to replace the infrastructure at $31,500. The new hot water tanks will be more energy efficient and also have significantly less maintenance costs. In order to fund the project to replace the two hot water tanks at Terrace Lodge, staff are recommending re-allocating from three projects: 4502-13-51 Terrace Lodge Window Replacement, $10,000 (project not started); 4503-12-03 Bobier Villa Kitchen Heating Ventilation and Air Conditioning (HVAC), $18,000 (project completed); and 4503-12-04 Bobier Villa Insulate Garage, $3,500 (project completed). 75 CONCLUSION: The two hot water tanks at Terrace Lodge are 28 years old and require replacement due to the increase in maintenance costs. The new tanks will save on energy and maintenance costs. RECOMMENDATION: THAT the report titled “'Terrace Lodge Hot Water Tanks Replacement” dated August 26, 2013, be received and filed; and, THAT the two hot water tanks be replaced at Terrace Lodge at an estimated price of $30,000 and the monies be re-allocated from the three projects: 4502-13-51 Terrace Lodge Window Replacement; 4503-12-03 Bobier Villa Kitchen Heating Ventilation and Air Conditioning (HVAC); and 4503-12-04 Bobier Villa Insulate Garage. All of which is Respectfully Submitted Approved for Submission Clayton Watters Mark G. McDonald Director of Engineering Services Chief Administrative Officer 76 REPORT TO COUNTY COUNCIL FROM: Clayton Watters, Director of Engineering Services Jim Bundschuh, Director of Financial Services DATE: August 26, 2013 SUBJECT: Emergency Medical Services – Approval of Medavie EMS Ontario INTRODUCTION: The County of Elgin issued a Request for Proposal (RFP) in the spring of 2013. The RFP was advertised as per the Purchasing Policy and one firm submitted a response, Medavie EMS Ontario. The County, after several meetings and the Solicitors involvement, is now able to recommend the acceptance of Medavie and request authorization to sign the agreement. DISCUSSION: After issuance of the RFP and receiving one reply, County staff thoroughly reviewed the proposal from Medavie. Shortly thereafter, a meeting occurred to discuss the interpretation of the proposal from Medavie and the company subsequently replied with clarification. Another meeting was arranged to further clarify the proposal and to discuss specific wording changes and interpretations. The points of clarification centered on the: financial; administrative; technical; and legal aspects of the agreement. All the issues are now complete and staff are recommending that the agreement be signed once the County solicitor has reviewed the agreement and made the final changes. As Council is aware, the current operations for response times is better than the provincial standards with the exception of Bayham. As of February 2013 an additional emergency response unit has been deployed in Straffordville as a short-term pilot project. The response times since February 2013 until the end of June have improved significantly but they still do not meet the requirements of 17 minutes and 30 seconds within that municipality. This will be addressed later this year. Medavie will examine ways and means of achieving the standard including the options presented in the RFP. Medavie has requested additional time to address this important issue and they have indicated that they will present a report to the October or November Council meeting. The 2014 proposed budget for EMS services is $8,245,000, which is 5.0 % higher than the 2013 budget and does not include an amount for incremental improvements to 77 Bayham response time as mentioned. This will be discussed by Medavie this fall. The remaining three years will have budget increases in the 2% range (see Appendix A). Since Medavie has met all of the county's requirements, staff are requesting that the agreement be approved for signatures once County Solicitor has made the final revisions. CONCLUSION: The County issued an RFP for land ambulance services for the county and city. Medavie submitted a proposal that was vetted not only by county staff but also legal counsel. After that review the proposed agreement will have a few minor amendments. Staff are now requesting that the agreement be approved for signature. RECOMMENDATION: THAT the report titled "Emergency Medical Services – Approval of Medavie EMS Ontario" dated August 26, 2013 be received and filed; and, THAT the Warden and CAO be directed and authorized to sign the agreement for Land Ambulance Emergency Services for the County of Elgin and the City of St. Thomas, and the necessary by-law be approved. All of which is Respectfully Submitted Approved for Submission Clayton Watters Mark G. McDonald Director of Engineering Services Chief Administrative Officer Jim Bundschuh Director of Financial Services 78 Appendix A Year Base Costs $ change from % Change IncrementalIncremental prior year from Prior Cost Bayham Cost for Start Yearup and Shut (x1,000) (x1,000) Down (x 1,000) (x1,000) 2013 $8,245 $189 (note 1) 2014 $8,656 $411 5.0 TBD (note 2) $226 2015 $8,841 $185 2.1 TBD 2016 $9,014 $173 2.0 TBD 2017 $9,189 $175 1.9 TBD Notes: 1) One time pilot project. 2) TBD – to be determined by Council following consideration of options presented by Medavie. 79 REPORT TO COUNTY COUNCIL FROM: Clayton Watters, Director of Engineering Services DATE: July 16, 2013 SUBJECT: Speed Zone Amendment: Graham Road, Talbot Line and Dexter Line INTRODUCTION: The County received a request from the Municipality of West Elgin Council to reduce the speed limit on Graham Road from 80 km per hour to 50 km per hour. Also, staff received an e-mail from a resident on Talbot Line to reduce the speed limit from 80 km per hour to 60 km per hour. Lastly, the county requires a reduction to the speed limit from 80 km per hour to 50 km per hour to accommodate the new road alignment on Dexter Line. DISCUSSION: The Council of the Municipality of West Elgin requested that the County reduce the speed limit on Graham Road from Marsh Line south approximately 1 kilometer. The County of Elgin uses the Highway Traffic Act’s definition of a ‘built-up’ area to define reduced speed zone areas which provides a consistent approach to establish reduced speed zone areas. Staff reviewed the area and it does meet the requirements of a built-up area. Staff recommend that the speed limit be reduced to 60 km per hour, rather than 50 km per hour, due to the increased sight distances. There are increased sight distances due to the set-back nature of the housing infrastructure and rural cross section. Staff recommend that the speed limit be reduced from the north property limit of Marsh Line southerly 1,049 meters. The second area for a speed reduction is on Talbot Line west of Shedden. The County received a request to extend the speed limit, since the built-up area has been extended. Staff confirmed the area meets the requirement of a built-up area and agree to a reduced speed zone from the west property limit of Union Road westerly 508 meters. The third area for a speed reduction is on Dexter Line in the Municipality of Central Elgin and the Township of Malahide. A minor re-alignment was completed on Dexter Line and due to engineering considerations the speed limit requires a reduction from the present limit westerly to the minor re-alignment. Staff was interested in a cost effective solution to the re- alignment so the horizontal curve radii and the cross fall were reduced which significantly minimized the minor re-alignment length and therefore cost. Staff recommend that the speed limit be reduced from the west property limit of Imperial Line westerly 2,485meters. CONCLUSION: Graham Road and Talbot Line require a reduced speed limit due to the extension of the built up area and Dexter Line requires a reduced speed limit due to engineering considerations. 80 RECOMMENDATION: THAT the existing speed zone by-law be amended to include: Graham Road from the north property limit of Marsh Line southerly 1,049 meters from 80 km per hour to 60 km per hour; Talbot Line from west property limit of Union Road westerly 508 meters to a 60 km per hour; and Dexter Line be reduced to 50 km per hour from the west property limit of Imperial Road westerly 2,485 meters; and, THAT the O.P.P. be notified of the changes to the speed limit by-law. All of which is Respectfully Submitted Approved for Submission Clayton Watters Mark G. McDonald Director of Engineering Services Chief Administrative Officer 81 REPORT TO COUNTY COUNCIL FROM: Clayton Watters, Director of Engineering Services DATE: August 26, 2013 SUBJECT: King George VI Lift Bridge - Operating Agreement with Central Elgin INTRODUCTION: Bridge Street in Port Stanley is under the ownership of the County of Elgin and included with the road infrastructure is the King George VI Lift Bridge. Since the County assumed the road and therefore the bridge more than 10 years ago, the County is responsible for capital, major maintenance and operating costs while Central Elgin has assumed all the labour costs to operate the bridge. The original agreement has expired and requires an extension. This report recommends that Council approve the agreement. DISCUSSION: More than 10 years ago the County of Elgin assumed the ownership of several streets in Port Stanley, including Bridge Street, from Central Elgin. At that time, Council agreed that the County would fund the capital, major maintenance and operating costs and Central Elgin would assume the labour cost to operate the bridge. An agreement was signed by both parties at the time of transfer. Recently, staff from both municipalities reviewed the original agreement, accepted a few minor changes and added two schedules for clarification. The County Solicitor made the changes and is satisfied with the agreement. Central Elgin Council has approved the document for execution. The agreement covers: term; responsibilities by each party; hold harmless and indemnification; dispute resolution; and miscellaneous. CONCLUSION: An agreement is required between Central Elgin and the County of Elgin to protect each parties’ interest for the operation and rehabilitation of the important infrastructure. RECOMMENDATION: THAT the report titled "King George VI Lift Bridge - Operating Agreement with Central Elgin" dated August 26, 2013, be received and filed; and, 82 THAT the Warden and Chief Administrative Officer be directed and authorized to sign the agreement. All of which is Respectfully Submitted Approved for Submission Clayton Watters Mark G. McDonald Director of Engineering Services Chief Administrative Officer 83 REPORT TO COUNTY COUNCIL FROM: Clayton Watters, Director of Engineering Services DATE: August 26, 2013 SUBJECT: Automated External Defibrillators INTRODUCTION: The Ontario government is committed to increasing the access to Automated External Defibrillators (AED). The province is in the process of developing a centralized registry for the number and location of AED’s. This report recommends that the Thames Emergency Medical Services (EMS) gather the information from the Elgin County and the City of St. Thomas area for the province. DISCUSSION: Ontario is aware of the importance of AED’s within our communities. The province is seeking our support in gathering information, such as the number and location. The Ontario government is requesting the help of the EMS providers in gathering the information and populating the data on the provincial registry, once completed. It should be noted that under most jurisdictions within Ontario, the EMS providers are the leaders of the AED; therefore, the province is seeking the assistance of all Ontario EMS groups. However, within Elgin County and the City of St. Thomas, the municipalities are the sponsors of the program; if County Council supports this program, then each municipality would need to co-operate with Thames EMS to supply the required information. Council should be aware that this is an administrative program, but it could be expanded to include, among other things, providing public and private establishments funding for additional PAD’s in the county and city. CONCLUSION: This program has many benefits: since it will improve the efficiency of the program, and our cooperation with the Province will save lives via 911 calls. RECOMMENDATION: THAT the report titled “Automated External Defibrillators” dated August 26, 2013 be received and filed; and, 84 THAT our municipal partners within the County and City of St. Thomas be encouraged to co-operate with Thames EMS to supply the required information. All of which is Respectfully Submitted Approved for Submission Clayton Watters Mark G. McDonald Director of Engineering Services Chief Administrative Officer 85 REPORT TO COUNTY COUNCIL FROM: Rhonda L. Duffy, Director of Homes and Seniors Services DATE: August 19, 2013 SUBJECT: Registered Nurses’ Association of Ontario’s Long-Term Care Best Practices Initiative INTRODUCTION: The Ministry of Health and Long-Term Care (MOHLTC) continues to provide opportunities to enhance the dissemination and implementation of evidence-based practices and best practice guidelines in long-term care homes. In order to maintain strong linkages with the regions and long-term care homes across the province, there continues to be a need to have host agencies at the local level to provide support to the Long-Term Care Best Practice Coordinators. Funding has been provided for Long- Term Care Best Practice Coordinators across the province, one of which will continue to be housed at Elgin Manor. DISCUSSION: In April 2011, the Home’s staff submitted an application to the Registered Nurses Association of Ontario (RNAO) for consideration as Host Agency for a Best Practice Coordinator for LHIN 2. The renewal occurred again for 2012/2013 and the RNAO has notified staff that funding for 2013/2014 is being awarded. The Best Practice Coordinator will continue to be provided with office space, office supplies, internet access, telephone and clerical support as needed. The RNAO will pay a lump sum of $5,000 to the County of Elgin to cover any overhead costs for the above noted support; will pay all expenses related to salary, benefits, expenses, computer equipment, cell phones, travel, etc., as the Best Practice Coordinator is an employee of the RNAO, not the County of Elgin. The RNAO has asked the County of Elgin to engage in this partnership by signing a one year agreement with the potential for renewal after March 31, 2014. The partnership would commence June 1, 2013. CONCLUSION: The RNAO continues to request renewal of an annual agreement for a satellite location for a Best Practice Coordinator with Elgin County Homes. This is an excellent opportunity and partnership for the Homes as staff continues to work toward implementing Best Practice Guidelines under the Long-Term Care Act, 2007 and additional quality improvement initiatives. 86 RECOMMENDATION: THAT Council authorizes staff to sign a one year agreement with the RNAO for Elgin Manor to continue to be the Host site for a Best Practice Coordinator; and, THAT the report titled “Registered Nurses’ Association of Ontario’s Long-Term Care Best Practices Initiative” dated August 19, 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 87 REPORT TO COUNTY COUNCIL FROM: Alan Smith, General Manager of Economic Development Kathryn Russell, Tourism Development Coordinator DATE: September 10, 2013 SUBJECT: Elgin County Tourism Membership Program – Proposed Fees & Charges Change INTRODUCTION: Elgin County Tourism is dedicated to providing its members with excellent service, tools and opportunities to support the development of the growing tourism industry. Partners of the Tourism Membership Program have traditionally included both Elgin County and St. Thomas members, who have enjoyed the same benefits for the low annual fee of $100 (plus HST). However, as a result of the City withdrawing from its tourism partnership with the County, it is recommended that the current tourism membership structure be revised in 2014 to take into consideration that the City is no longer subsidizing the tourism members who are located in St. Thomas. This report provides a suggested tiered membership structure with an increased membership fee for tourism members located outside of the County and no change to the current annual fee for Elgin County members. DISCUSSION: The annual fee of $100 (plus HST) to participate in the Elgin County Tourism Membership Program includes the following benefits; priority member directory listing on elgintourist.com with photo and description, tourism signage discount ($50/sign), member listing in Visitor’s Guide (print 40,000 copies & online over 4,000 views), networking opportunities, free workshops, brochure distribution, exposure at regional and local tourism information centres, cooperative advertising at reduced rates, informative E-newsletters, business promotion and photography. In 2013, Elgin County Tourism consisted of a total of 148 members, of which 117 were located in Elgin County, 27 were located in St. Thomas, and 4 were located outside of St. Thomas and Elgin County. The St. Thomas members account for $2,700 in revenue, out of the $13,300 in 2013 fees. Of note, 15 of the 148 are non-paying members, as a result of reciprocal relationships. Given the recent changes with St. Thomas administering its own tourism program, it is recommended that the current tourism membership structure, be revised in 2014 to include two categories of membership; Elgin County Tourism Members and Affiliate Members (those businesses located outside of Elgin County). 88 As Elgin County Tourism evolves, it is recommended that current tourism members located in Elgin County receive the same benefits as they have in the past for the same annual fee of $100 (plus HST). However, tourism businesses located outside of Elgin County are welcome to become a member of Elgin County Tourism, but will pay a higher fee as Affiliate members. Elgin County Economic Development and Tourism is empowered to market the County on behalf of its members and its residents. All owners of property and businesses located in Elgin County contribute taxes on an annual basis to support ongoing marketing initiatives and therefore contribute to the Elgin County Tourism budget. As a result, those businesses outside the County do not pay (taxes) into the program budget and it is recommended that they are required to pay a higher fee. The Affiliate Membership takes into account the changing business environment of the tourism industry, the needs and interests of Elgin County Members, the demands of our visitors and the opportunities for mutual beneficial partnerships with businesses outside the County’s membership area. Below is the proposed membership structure, including a rationale for the proposed Affiliate Member yearly fee. Proposed Membership Structure Type Yearly Fee Benefits Tourism Members$100Same as listed above (Elgin County only) (+HST) Affiliate Members $388Same as listed above (outside of Elgin County) (+HST) The Affiliate Member yearly fee of $388 (+HST) is based on dividing the 2013 Tourism Marketing Budget ($57,413) by the total membership (148). The suggested Affiliate Member yearly fee is recommended to be used as the standard moving forward in subsequent years. It should be noted that given the past relationship with the City, the St. Thomas Economic Development Corporation was given an opportunity to subsidize the cost of the membership program which would have maintained the $100 membership fee for tourism members located within the City, however they declined. CONCLUSION : The Elgin County Tourism Membership Program provides its members with valuable benefits, which not only help to promote their business, but help create a tourist destination where visitors are informed and excited about the numerous attractions and events. By offering two membership categories, Elgin County is providing options to members outside of the area to benefit from the same rewards as Elgin based businesses, although at a higher fee. 89 RECOMMENDATION: THAT the suggested tourism membership fee structure of $388 (+HST) for members outside of Elgin County, and the $100 (+HST) for Elgin County members, be approved and the necessary by-law be prepared. All of which is Respectfully Submitted Approved for Submission Alan Smith Mark G. McDonald General Manager of Economic Development Chief Administrative Officer Kathryn Russell Tourism Development Coordinator 90 REPORT TO COUNTY COUNCIL FROM: Kate Burns, Business Development Coordinator DATE: August, 28, 2013 SUBJECT: Sustainable Food System: Elgin County Pilot Project INTRODUCTION: The Sustainable Food Systems project was created in 2011 through a strategic partnership between the Southwest Economic Alliance and the London Training Centre. The project is now administered solely by Southwest Economic Alliance (SWEA), which has made it a key strategic priority with plans to establish it as an independent organization under the name Centre for Sustainable Food Systems. The initial research phase was funded, in part, by the Labour Market Partnerships program to conduct research into trends and challenges facing agriculture and food, and to position a sustainable food system model for Southwestern Ontario (SWO) for the purpose of beginning to identify new employment opportunities, associated skills, and training and education requirements. DISCUSSION: Elgin County has been selected as the pilot community for the Sustainable Food System Pilot Project by SWEA. The pilot sets out to develop an action plan for creating a Sustainable Food Cluster that, when executed, will create jobs and economic prosperity, and serve as a success template for other counties within Southwestern Ontario. Elgin County is an excellent choice because its 2011-2014 economic strategy has a strong focus on food and agriculture. The first phase of the pilot is to develop food clusters in each county to sustainably grow, process, aggregate and distribute as many different types of food as possible for consumption within their local food shed. The challenge is that growing conditions have created geographic concentrations of food types (e.g. pork in Perth County, vegetables along the north shore of Lake Erie) consequently, to provide a full complement of different types of foods in each County, it will be necessary to distribute unique and excess, primary and processed food throughout the network of clusters within SWO. Phase Two of the project is Action Planning & Execution. To identify specific, local labour market opportunities, the next step is to form diverse, collaborative, action planning teams in each county, for the purpose of creating and executing on viable, integrated action plans that identify new production, processing and storage, and leverage existing infrastructure, initiatives and programs. An additional collaborative team will be needed for the purpose of knitting the clusters together for food distribution between the clusters (and beyond the SWO region), and to work together to identify the 91 optimum location and size of regional scale-networked processing/storage facilities when it makes sense to do so. Roles & Responsibilities Elgin County Economic Development To provide staff resources, meeting location, and researching to the action committee. Sustainable Food System (Tom Schell) To act as a facilitator for the action committee SWEA Manage the project; advocate and obtain funding to move action plan forward. Action Committee Will develop a set of goals Develop a plan to achieve goals Proposed members of the Action Committee Ontario Federation of Agriculture, Elgin Federation of Agriculture, County of Elgin, Elgin- St. Thomas Health Unit, Alliance of Ontario Food Processors, Elgin Middlesex Oxford Workforce Planning and Development Board, other organizations that are part of the value chain. Timeline September 24, 2013 – Proposal to Elgin County Council Week September 30,2013 – Contact potential committee members Week October 7, 2013 – First committee meeting, project review, background etc. November 2013 – Committee meets to set goals, objectives for the team, set a date for a Food Summit 2014 – Team develops action plan based on feedback from Food Summit and information gathered from existing resources. CONCLUSION: By agreeing to be the pilot community for this project Elgin County will be a leader in moving forward with food and agricultural initiatives. This is an opportunity to enhance Elgin’s agri-business community as well further the County’s economic development strategies and goals. RECOMMENDATION: THAT Elgin County Council endorse the Local Sustainable Food System Pilot Project as described in the August 28, 2013 report. 92 All of which is Respectfully Submitted Approved for Submission Kate Burns Mark G. McDonald Business Development Coordinator Chief Administrative Officer 93 REPORT TO COUNTY COUNCIL FROM: Elgin County United Way Special Events Committee Jennifer Ford, Senior Financial Analyst and ECUWSEC Chair DATE: September 9, 2013 SUBJECT: 2013-2014 Events Calendar INTRODUCTION: Through a combined effort of fundraising activities and payroll deductions, the County of Elgin will have donated $51,000 to the Elgin St. Thomas United Way by the end of 2013. The Committee presents this update for Council’s support of the fundraising activities and other social events planned by the Elgin County United Way Special Events Committee (ECUWSEC) beginning in September 2013 and running through to August of 2014. DISCUSSION: Our payroll signup campaign kicks off our 2014 fundraising activities and is highlighted at this time of year in order to enrol new payroll deduction donors. In keeping with past campaigns, new and currently enrolled staff are able to dress down on Fridays for the 2014 year. These staff are also eligible for chances to win additional prizes including days off with pay and are entered into a draw to be held on November 22, 2013. The prize structure is as follows: A donation of $2.00 or more per pay entitles you to participate in Dress Down Fridays. A donation of $3.00 or more per pay entitles you to participate in Dress Down Fridays, an opportunity to be entered into a draw for 1 day off with pay in 2014, and 5 draws of $50.00 gift cards. A donation of $5.00 or more per pay entitles you to participate in Dress Down Fridays, an opportunity to be entered into a draw for 1 day off in 2014 AND a draw for 2 days off with pay in 2014, and 5 draws of $50.00 gift cards. The committee will be selling Elgin County Logo wear during the month of October. Featured will be the white jackets from previous golf tournaments as well as last tournament’s blue jackets and blue golf shirts on a pre order and prepaid basis. Delivery of the items will occur in November. This year we will be offering a special “Buy In Friday” at each of the facilities. One Friday will be chosen as Team Logo T-shirt/Jersey Day. “Buy In Friday” will extend an invitation to staff who do not normally contribute to the dress down Fridays to buy In for one time only for $2 and also dress in their favourite team’s sports shirt. 94 Our 2013 Christmas party will be held at St. Anne’s Centre on Saturday, November 23, 2013. This social event is designed as an opportunity for staff to gather together and enjoy the holiday season. This year we are featuring singing impressionist Mat Gauthier and music to dance to by DJ Chris Triska. Tickets are $30 per person and must be purchased in advance. We have reserved some seats at four London Knights games this year. The following dates are set aside:: th November 8 Knights vs. Barrie th December 4 Knights vs Sault Ste. Marie is the Teddy Bear Toss Game th January 24 Knights vs Sarnia th March 14 Knights vs Owen Sound is the last scheduled game The 2014 Golf Tournament will be hosted at the Kettle Creek Golf & Country Club. The th date set for the tournament is June 18, 2014. Our last two tournaments have been sell outs and you don’t want your team to miss out on all the fun so please when you get your registration forms, register and forward payment early in order to secure a spot. CONCLUSION: It is the mandate of ECUWSEC to organize events throughout the year. Some events are designed to help raise money for the United Way while others are designed as a social activity only. As always, we extend an invitation to the councils and employees of our member municipalities to join us at many of our planned events throughout the year. RECOMMENDATION: THAT Council support the Elgin County United Way and Special Events Committee’s 2013/2014 activities as outlined in this report. All of which is Respectfully Submitted Approved for Submission Jennifer Ford Mark G. McDonald Senior Financial Analyst and Chief Administrative Officer ECUWSEC Chair 95 96 97 98 99 100 101 104 105 106 107 108 111 112 113 114 115 116 117 118 119 120 121 122 123 COUNTY OF ELGIN By-Law No. 13-18 WHEREAS the Corporation of the City of St. Thomas is designated as the Consolidated Municipal Service Manager for the CMHC-Ontario New Affordable Housing Program; and WHEREAS the City of St. Thomas has enacted Municipal Housing Facilities By-law No. 80-2005; and WHEREAS the City of St. Thomas has entered into an agreement with Walter Ostojic and Sons General Construction Ltd. for the provision of affordable housing; and WHEREAS the Walter Ostojic and Sons General Construction Ltd. is the registered owner of the property described in Schedule "A" attached hereto and forming part of this by-law; and WHEREAS Section 110(9) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that if a municipality designated as service manager under the Social Housing Reform Act, 2000, has entered into an agreement under Section 110 with respect to housing capital facilities, any other municipality that has not entered into an agreement under Section 110 with respect to capital facilities and contains all or part of the land on which the capital facilities are or will be located may exercise the power under Section 110(6) with respect to the land and the capital facilities; and WHEREAS Section 110(6) permits a municipality to exempt from taxation for municipal and school purposes for capital facilities where an agreement to provide municipal capital facilities has been entered into, subject to the notice provisions, limitations and requirements set out in the Municipal Act; and WHEREAS the Town of Aylmer has requested the County of Elgin to apply the tax ratio of 1 to the Walter Ostojic and Sons General Construction Ltd. project. NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: 1. THAT the tax ratio of 1 shall apply to the Walter Ostojic project, as described in Schedule "A" attached hereto and forming part of this by-law. 2. THAT this tax ratio shall apply to taxation raised for municipal purposes as of the effective date of the first supplementary or omitted assessment notice on the property as issued by the Municipal Property Assessment Corporation pursuant to the Assessment Act and shall apply as long as the Facility Agreement is in good standing and not in default. 3. THAT the Warden and the Chief Administrative Officer, or alternate, are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of the Corporation of the County of Elgin. TH READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 24 DAY OF SEPTEMBER 2013. Mark G. McDonald, Cameron McWilliam, Chief Administrative Officer. Warden. 124 SCHEDULE 'A' By-Law No. 13-18 LEGAL DESCRIPTION Roll # 3411-010-06405 PLAN 164 PT BLKS L AND M RP 11R2782 PART 3 AND PT PART 2 Town of Aylmer, County of Elgin Instrument Number: CT53463 125 COUNTY OF ELGIN By-Law No. 13-19 “BEING A BY-LAW TO ADOPT A POLICY FOR THE PROCUREMENT OF GOODS AND SERVICES FOR THE CORPORATION OF THE COUNTY OF ELGIN AND TO AMEND BY-LAW NO. 05-10” WHEREAS pursuant to Section 271(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, a municipality shall adopt policies with respect to its procurement of goods and services; and WHEREAS Council did previously pass By-Law No. 05-10 which standardized procedures to ensure fair and equitable practices for the procurement of all County goods and services; and WHEREAS, pursuant to Section 271(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, it is necessary to amend Elgin County’s procurement procedures in accordance with legislation. NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: 1. THAT the County of Elgin Procurement Policy, attached as Schedule “A”, be and is hereby authorized as the standard to be followed for the procurement of all goods and services for the County of Elgin. 2. THAT By-Law No. 05-10 be amended. 3. THAT this By-Law shall come into force and take effect upon its passing. TH READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 24 DAY OF SEPTEMBER 2013. Mark G. McDonald, Cameron McWilliam, Chief Administrative Officer Warden. 126 County of Elgin Policy # 13-19 Financial Services - Purchasing SCHEDULE "A" By-Law No. 13-19 CORPORATION OF THE COUNTY OF ELGIN PROCUREMENT POLICY 1.0 OBJECTIVE 1.1 This policy outlines the processes to be followed in order to obtain the best value when purchasing goods, or contracting services for the County of Elgin. The guiding principle is that procurement decisions will be made using a competitive process that is open, honest, fair and impartial. 1.2 The Procurement Policy will promote and maintain the integrity of the purchasing process and protect Council, vendors and staff involved in the process by providing clear direction and accountabilities. The procedures described in this Policy shall be followed to make a contract award or to make a recommendation of a contract to County Council. 1.3 The Council of the Corporation of the County of Elgin recognizes its responsibility for reviewing and updating the existing Purchasing Policy to ensure compliance with respect to The Municipal Act, 2001, Part VI, Section 271, as amended. 2.0 PURCHASING RESPONSIBILITIES/AUTHORITY 2.1 To protect Council and the integrity of the Procurement process, the procurement process will be free from political influence or interference. Council will appoint staff to ensure the procurement process remains open, fair and transparent. 2.2 County Council has ultimate authority for all expenditures. Council delegates this authority by the authorization of budgets or by specific resolution. Payment for any item that has not been authorized by Council through budget appropriation or specific resolution will not be permitted. This purchasing policy provides guidelines outlining how spending authority is to be used. Levels of contract approval authority are also summarized in Appendix “A”. 2.3 Budget approvals by Council, of capital works and operating expenditures, shall constitute authorization for any purchase of materials and services necessary to carry out work within the approved cost of an approved project, provided such purchases are made in accordance with this Procurement Policy. The requisitioning Department, in conjunction with the Purchasing Coordinator, will ensure that the Goods and Services are properly approved and that funds are available. 2.4 Where expenditures estimates approved in the budget have been subject to Quotations, Tenders or Request for Proposals which subsequently quote an amount greater than the estimated expenditure for that item, notice of a staff report regarding such amendment to the budget shall be included in the Report to Council. 2.5 New projects that have not been included in the annual budget shall be detailed in a staff report regarding amendment to the budget shall be included in a Report to Council. 2.6 Normal operating costs incurred prior to the adoption of the annual budget shall not require approval of such expenditures and shall be deemed ratified upon the adoption of the annual budget. 1 127 County of Elgin Policy # 13-19 Financial Services - Purchasing 2.7 It is the responsibility of the user Department to enforce any terms, conditions and specifications from the award of any Contract resulting from the purchasing process. Where terms, conditions or specifications are not being adhered to, the user Department may request the Purchasing Coordinator to contact the supplier and attempt to negotiate to have said deficiencies corrected. 2.8 Prior to Council's approval of the current Budget a Department may incur normal operating expenditures up to 40% of the previous year's Budget. Directors will have the authority to solicit bids prior to the approval of Council. 2.9 Resolutions approving budget amendments, capital expenditures or special appropriations shall contain purpose of expenditure, cost estimates or expenditure limitation, and the fund in which an appropriation has been provided. 2.10 The Director may appoint a Purchasing Designate to exercise any or all responsibilities assigned in this policy. 2.11 The signatures of the Warden and Chief Administrative Officer, when legally required, are necessary on all Agreements to purchase, lease or Contract for Goods or Services. 2.12 During the public procurement process, in-house bids will not be considered. 2.13 The Director of Financial Services may review departmental purchases on an ongoing basis to review the effectiveness and integrity of the process and policy adherence. This Policy will be reviewed and revised on a periodic basis. It is anticipated that reviews will be conducted every five years or more frequently as required. 2.14 Goods and Services that are not subject to this By-Law are listed in “Appendix B”. 2.15 For bids valued at $50,000 or less, the Director may award a contract provided that Financial Services is in receipt of a Quotation Request Form, the product or service is contained within the approved budget and the requirements of the Procurement Policy are met. Guidelines/Goals to assist Directors or their designate who choose to exercise this authority are included in “Appendix E”. 2.16 Despite any other provision of this Policy, the following contracts are subject to County Council approval; i. any contract requiring approval from the Ontario Municipal Board, ii. any contract prescribed by Statute to be made by Council, iii. where the cost amount proposed for acceptance is 10% greater than the County Council approved budget for that expenditure or where the expenditure would result in insufficient remaining funds in the project budget to complete the project as budgeted, iv. where the net revenue amount proposed for acceptance is lower than the County Council approved budget, v. where a substantive objection emanating from the bid solicitation has been filed with a Director, vi. where a major irregularity precludes the award of a tender to the supplier submitting the lowest bid. 2 128 County of Elgin Policy # 13-19 Financial Services - Purchasing 3.0 METHODS OF PROCUREMENT 3.1 THE ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT (AODA) 3.1 (1) In deciding to purchase goods or services through the procurement process for the use of itself, its employees or the public, County Council, to the extent possible, shall have regard to the accessibility for persons with disabilities to the goods or services. (Ontario Regulation 191/11). 3.2 ENVIRONMENTAL CONSIDERATIONS 3.2 (1)In order to contribute to waste reduction and to increase the development and awareness of environmentally sound purchasing, acquisitions of goods and services, specifications will provide for expanded use of durable products, reusable products and products (including those used in services) that contain the minimum level of post consumer waste and/or maximum level of recyclable content without significantly affecting the intended use of the product or service. 3.3 LOW DOLLAR VALUE PROCUREMENTS (Up to $15,000) 3.3 (1) Procurements up to $15,000 shall be considered low dollar value procurements. 3.3 (2) All low dollar value procurements shall utilize applicable County contracts and shall otherwise be in accordance with this policy. 3.3 (3) The Director may delegate approval authority to their staff for low dollar value procurements. It is the responsibility of the respective Director to ensure that the Procurement Policy is adhered to. 3.3 (4) All information on low dollar value procurements must be documented and maintained on file. 3.3 (5) Low dollar value procurements do not require a Request for Quotation (RFQ), Request for Proposal (RFP) or Request for Tender (RFT). Obtaining competitive quotes is considered a good business practice and should be exercised. 3.3 (6) Purchasing may conduct reviews to ensure the requirements of this section and all other applicable sections of this Policy have been met. 3.4 REQUEST FOR QUOTATION/TENDER greater than $15,000 3.4 (1) For goods and services for estimated expenditures the Director or in consultation designate with the Director of Financial Services or designate shall be authorized to make purchases of goods and services provided: i. the requirement can be fully defined; and, ii. best value for the County can be achieved by an award selection made on the basis of the lowest compliant bid that meets all terms, conditions and specifications, iii. The Director or any employee exercising delegated authority approval shall provide Purchasing in writing the relevant specifications, budget authorization, terms and conditions for the purchase of the good, services or construction, iv. At least three (3) written bids must be obtained from three (3) separate potential suppliers to ensure a more competitive process. If staff has exhausted all efforts to obtain three (3) bids and can support this with documented evidence, a minimum of two (2) written bids is acceptable, not v. A “No Bid” response shall be considered a valid bid, AND vi. The Director or any employee exercising delegated authority approval the Purchasing jointly Coordinator must approve the award, vii. The department shall be responsible to review the competitive bid and verify that all terms, conditions and specifications of the bid are met, 3 129 County of Elgin Policy # 13-19 Financial Services - Purchasing viii. The County reserves the right in its absolute sole discretion to accept or reject any submission, ix. Purchasing may conduct reviews to ensure the requirements of this section and all other applicable sections of this Policy have been met. 3.5 INFORMAL QUOTATION(Greater than $15,000 but not greater than $50,000) i. Bid submissions do not have to be sealed, ii. Specifications (as applicable) can be issued and quotes can be received by e-mail and/or fax transmission, iii. Bids must be submitted to Financial Services Department at a specified location on a specified weekday at a specified time, iv. When the compliant low bid exceeds the approved budget appropriation by more than 10%, the Director or designate shall submit a report to Council for direction. 3.6 FORMAL QUOTATION (RFQ) (Greater than $50,000 but not greater than$100,000) i. Bid forms to be provided to Bidders in written format and must close using a formal sealed bid process, ii. When the preferred Quotation exceeds the approved budget for a specific project, the Director shall submit a report to Council for direction. 3.7 REQUEST FOR TENDER (RFT) (Greater than$100,000) greater than $100,000 For goods and services for estimated expenditures the Director or designate and the Director of Finance or designate shall be authorized to solicit tenders and County Council may award such Tenders provided: i. Tender documents are to be provided to Bidders in written format and must close using a formal sealed bid process, ii. Bids must be submitted to Financial Services at a specified location on a specified weekday at a specified time, iii. The Financial Services Department shall be responsible for arranging for the public opening of the Tender Bids at the time and date specified by the tender call. There shall be in attendance at that time a minimum of: The Director of Financial Services or designate The Director of the issuing department or designate iv. The Financial Services Department shall forward to the issuing Department a summary of the bids subject to review by the Director, v. The project is specifically included within the approved budget and the total submitted price does not exceed the approved budget allocation for the project, vi. With respect to all reports initiated for tenders, there shall be a recommendation report to County Council containing the sources of financing, allocation of revenues, and other financial commentary as considered appropriate. 3.8 REQUESTS FOR PROPOSALS (RFP) 3.8 (1) The Request for Proposal procedure shall be used where: i. The requirement is best described in a general performance specification, ii. Innovative solutions are sought, iii. To achieve best value, the award selection will be made on an evaluated point per item or other method involving a combination of mandatory and desirable requirements. 4 130 County of Elgin Policy # 13-19 Financial Services - Purchasing 3.8 (2) Awards under the RFP process require the following approval: and i. Directors or any employee exercising delegated authority approval the Purchasing jointly up to $50,000, Coordinator mustapprove and award the RFP for purchases greater than $50,000. ii. County Council must approve and award the RFP for purchases 3.8 (3) The RFP process is a competitive method of procurement that may or may not include supplier pre-qualification. 3.8 (4) A Request for Information or a Request for Qualifications may be issued in advance of an RFP to assist in the development of a more definitive set of terms and conditions, scope of work/service and the selection of qualified suppliers. 3.8 (5) A Request for Information and a Request for Qualifications shall follow the same award approvals as an RFP, if applicable. 3.8 (6) Purchasing shall maintain a list of suggested evaluation criteria for assistance in formulating an evaluation method for use in an RFP. This may include but is not limited to factors such as qualifications and experience, strategy, approach, methodology, scheduling and past performance, facilities, equipment, pricing, life cycle costing, standardization of product and aspects that would support environmental procurement. 3.8 (7) Directors or any employee exercising delegated authority approval shall identify appropriate evaluation criteria from the list maintained by Purchasing for use in an RFP but are not limited to criteria from the list. Cost will always be included as a significant factor, as best value includes but is not limited to quality and cost. 3.8 (8) The Director or any employee exercising delegated authority approval shall provide to Purchasing in writing the budget authorization, approval authority, terms of reference and evaluation criteria to be applied in evaluating the proposals submitted. 3.8 (9) Purchasing will be the lead in the RFP process. A selection committee will be formed with a minimum of three evaluators and be comprised of at least one representative from the client department and one representative from the Department and the Director of Financial Services or designate shall review all proposals against the established criteria, reach consensus on the final rating results, and ensure that the final rating results, with supporting documents, are kept in the procurement file. Purchasing may or may not participate in the scoring of the proposals. 3.8 (10) During the proposal process all communication with bidders shall be through Purchasing. 3.8 (11) Financial Services Department shall forward to the Director an evaluation summary of the procurement, as well as the Evaluation Committee’s recommendation for award of contract to the proponent meeting all mandatory requirements and providing best value as stipulated in the RFP. Purchasing is responsible for documenting the determination of best value. The criteria and analysis to determine best value will be included (if applicable) in the report to County Council. 3.8(12) With respect to all reports initiated for the RFP, a report on the sources of financing, allocation of revenues, and other financial commentary as considered appropriate shall be prepared. 3.8 (13) Reporting will not include summaries of bids, as this information will remain confidential. Any disclosure of information shall be made by the appropriate officer in accordance with the provisions of the Municipal Freedom of Information and Protection of Privacy Act, (R.S.0. 1990), as amended. 5 131 County of Elgin Policy # 13-19 Financial Services - Purchasing 3.8 (14) Unsuccessful proponents may, upon request, attend a debriefing session with Purchasing to review the competitive bid. Any discussion relating to any submissions other than of the proponent will be as required with the Director of Financial Services or designate as well as the Director to review their bid submission. Discussions relating to any bid submissions other than that of the proponent present will be strictly prohibited. This debriefing session is intended to provide general feedback regarding the proponent’s rating on various criteria in order to allow the proponent to understand where future improvements might be applicable. 3.8 (15) Purchasing shall be responsible for arranging for a public announcement of proponents who submitted a proposal at a time and date outlined in the RFP document. There shall be in attendance at that time: Purchasing or delegate; and At least one other representative of Financial Services. 3.8 (16) The County reserves the right at its sole discretion to accept or reject any submission. 3.9 NON-COMPETITIVE PURCHASES (Blanket Contract Purchases, Emergency, Sole Source, Single Source) 3.9 (1) The requirement for a competitive bid process for the selection of a supplier for goods, services and construction (except for Emergencies) may be waived under joint authority of the appropriate Director and Director of Finance and replaced with direct negotiations by the Director (or delegate) and Purchasing under the following circumstances; 3.9 (2) The procurement qualifies as a Blanket Order Purchase, Sole Source or Single Source purchase. Blanket Contract Purchases 3.9 (3) A Blanket Order may be used where: i. one or more department repetitively order the same goods or services and the actual demand is not known in advance, ii. a need is anticipated for a range of goods and services for a specific purpose, but the actual demand is not known at the outset, and delivery is to be made when a requirement arises, iii. The Purchasing Coordinator shall establish and maintain Blanket Order Contracts that define source and price where available with selected suppliers for all frequently used goods or services, iv. Blanket Orders may be issued as the result of a bid process such as Request for Quotation, Request for Tender, Request for Proposal and from Co-operative Purchasing consortium, v. To establish prices and select sources, the Director in consultation with the Purchasing Coordinator shall employ the provisions contained in this Policy for the acquisition of goods, services, labour, materials and construction, vi. More than one supplier may be selected where it is in the best interest of the County and the bid solicitation allows for more than one, vii. Where procurement action is initiated by a department for frequently used goods or services, it is to be made with the supplier or suppliers listed in the Blanket Order Contract, viii. In a Request for Blanket Order, the expected quantity of the specified goods or services to be purchased over the time period of the agreement will be as accurate an estimate as practical and be based, to the extent possible, on previous usage adjusted for any known factors that may change said usage, ix. Blanket Orders shall be issued for a specific time period with all ordering departments responsible for maintaining purchases within budget allocations. 6 132 County of Elgin Policy # 13-19 Financial Services - Purchasing 3.9 (4) Procurement in Emergencies An“Emergency” includes immediate threat to: i. Public health, ii. the maintenance of essential County services; and, iii. the welfare and protection of persons, property or the environment; and the event or occurrence necessitates the immediate need for goods or services to mitigate the emergency and time does not permit for a competitive procurement process. In the event of an Emergency, the Chief Administrative Officer, Directors and their respective delegates are authorized to enter into a purchase agreement without the requirement of a formal competitive process. A list of pre-qualified suppliers will be used to select the suppliers, whenever possible. Where the procurement cost to mitigate the Emergency is anticipated to exceed $15,000, there must be a notification sent (email contact is acceptable) to the Director of Finance or delegate. The steps taken to mitigate the Emergency must always be clearly documented regardless of amount and where the aggregate cost for a single supplier are in excess of $15,000, the emergency procurement shall be reported to County Council (including the source of financing) at the next scheduled meeting following the event. The Director responsible for the area leading the emergency procurement must forward copies of invoices associated with the Emergency to the Director of Financial Services or designate once the Emergency event has been terminated. 3.9 (5) Sole Source The Procurement may be conducted using a Sole Source process if the goods and/or services are available from only one supplier by reason of; Statutory or market-based monopoly. Competition is precluded due to the application of any Act or legislation or because of the existence of patent rights, copyrights, licence, technical secrets or controls of raw material; or the complete item, service or system is unique to one supplier and no alternative or substitute exists. 3.9 (6) Single Source Single Source means that there is more than one source of supply in the open market, but only one source is recommended due to predetermined and approved specifications. The procurement may be conducted using a Single Source process if the goods and/or services are available from more than one source, but there are valid and sufficient reasons for selecting one supplier in particular, as follows: An attempt to acquire the goods and/or services by soliciting competitive bids has been made in good faith, but has failed to identify more than one willing and compliant supplier. The confidential nature of the requirement is such that it would not be in the public interest to solicit competitive bids. There is a need for compatibility with goods and/or services previous acquired or the required goods and/or services will be additional to similar goods and/or services being supplied under an existing contract (i.e. contract extension or renewal). 7 133 County of Elgin Policy # 13-19 Financial Services - Purchasing It is advantageous to the County to acquire the goods or services directly from another public body or public service body. Another organization is funding or substantially funding the acquisition and has determined the supplier and the terms and conditions of the commitment into which the County will enter are acceptable to the County. Where due to abnormal market conditions, the goods, services or construction required are in short supply. 3.9 (7) Sole Source and Single Source – Approval and Reporting Awards which qualify to be considered as a Sole Source or Single Source process require the following approval; jointly The Director and Purchasing must approve the award not exceeding $50,000 and if it is within the approved budget allocation; County Council must approve the award greater than $50,000. The Report to County Council must contain detailed rationale supporting the decision. 4.0 LEASING 4.0 (1)The Council of the County of Elgin may enter into a leasing agreement in accordance with the Municipal Act, 2001, O.Reg.46/94,O.Reg. 266/02. 4.0 (2) In certain circumstances, it may be economically advisable for the County to enter into a Financing Lease to acquire the right to use capital property and equipment rather than an outright purchase. 4.0 (3) Leasing is approved as an acceptable means to acquire municipal capital facilities when one or more of the following conditions (goals) are met: i. The municipal capital facility cannot be purchased, ii. The lease arrangement provide financially attractive interest rates over the entire life of the lease, iii. The risk of obsolescence on the leased asset rests with the lessor, iv. The leased asset has a high purchase value and is not required on an ongoing basis, v. Short-term revenues versus capital needs. 4.0 (4) A by-law is required for all lease agreements with the exception of leases made in emergency situations. These leases will be reported to Council at the first available opportunity. A by-law is not required for leases that are short term in nature of 120 days or less. 4.0 (5) Once each fiscal year the Director of Financial Services shall provide a report to Council outlining all current leasing arrangements. 5.0 DISPUTE RESOLUTION 5.1 Disputes shall be resolved as follows: i. meeting between the bidder, the Director of the Department and the Purchasing Coordinator, ii. if (i) does not lead to a resolution, the decision can be appealed to the Director of Financial Services and the Chief Administrative Officer. 8 134 County of Elgin Policy # 13-19 Financial Services - Purchasing 6.0 EXCEPTIONS 6 (1) A Department may request exemption from any or all the purchasing methods outlined in this policy by submission of a report requesting the same to County Council. Such one-time exemption may be granted by resolution. 7.0 PERFORMANCE SECURITY, INSURANCE AND WORKPLACE SAFETY AND INSURANCE BOARD CERTIFICATES 7.1 For all tenders valued at over $100,000, the following guarantees, bonds, certificates and insurance must form part of the contract unless other securities are deemed appropriate as determined by the Director. 7.2 Performance security to guarantee the completion of the Contract is required for the supply and installation of equipment and materials and all services/construction involving County property. Where performance security is deemed necessary, it shall take the form of one or a combination of one or more of the following; i. performance bond valued at 100% of the amount of the Tender bid, ii. labour and materials bond valued at 50% of the amount of the Tender bid, iii. bid bond or bid deposit (certified cheque), iv. irrevocable letter of credit. 7.3 The above noted security will be required with respect to the following; i) renovation contracts, ii) construction contracts, iii) new buildings, iv) demolition of buildings, v) service contracts where the work involves contractors working on/with County owned property, vi) supply and installation of equipment and materials and all service/construction involving County owned property. 7.4 Contracts valued at less than $100,000 may include guarantees at the discretion of the Director. 7.5 The Bid Bond or Bid Deposit amount shall be as specified in the following table: Total Tender Amount Bid Deposit Required $100,000 to $250,000$10,000 $250,000 to $500,000$20,000 $500,000 to $1,000,000$40,000 $1,000,000 to $2,000,000$75,000 $2,000,000 and Over$150,000 7.6 The Financial Services Department is authorized to cash and deposit any bid deposit cheques in the County’s possession which are forfeited as a result of non-compliance with the terms, conditions and/or specifications of a sealed bid. 7.7 In order to further protect the Corporation of the County of Elgin, the following certificates will be required from all successful Bidders/Proponents; i) a current and valid insurance certificate for amounts specified in the Bid document, ii) a current and valid Workplace Safety and Insurance Board (WSIB) certificate. 9 135 County of Elgin Policy # 13-19 Financial Services - Purchasing 8.0 EXCLUSION OF BIDDERS 8.1 EXCLUSION OF BIDDERS IN LITIGATION 8.1 (1) No Tender, Proposal or Quotation will be accepted from any company inclusive of its subcontractors, which has a claim or instituted a legal proceeding against the County or against whom the County has a claim or instituted a legal proceeding with respect to any previous Contract, without prior approval by Council. 8.2 CONTRACTOR PERFORMANCE APPRAISAL SYSTEM 8.2 (1) The Contractor Performance Appraisal System is a standard process for assessing and recording contractor performance. It is designed to serve as a permanent record for the County and as a means of evaluating and comparing contractor performance on an ongoing basis throughout the project. 8.2 (2) The Contractor Performance Appraisal System will be used to evaluate all contracts regardless of value. The implementation of the Performance Evaluation Appraisal System will be at the discretion of the Project Manager and/or the Purchasing Coordinator. 8.2 (3) If issues arise, under the direction of the Purchasing Coordinator, the County’s Project Manager will be asked to record their concerns using the Vendor Incident Reporting Form. Results will be shared with the Vendor/Contractor/Consultant and a verbal warning may be issued by the Purchasing Coordinator. If performance does not improve, a second Vendor Incident Reporting Form will be issued and results will be shared with the Vendor/Contractor/Consultant. The Purchasing Coordinator will issue a written warning to the Vendor/Contractor/Consultant. If performance does not improve a third Vendor Incident Reporting Form will be initiated by the Project Manager and the results will be shared with the Vendor/Contractor/Consultant. Upon completion of the project, if a third Vendor Incident Reporting Form is issued, under the direction of the Purchasing Coordinator, the Project Manager will complete the applicable Performance Report. 8.2 (4) Once the ranking on the applicable Performance Report has been completed, the results will be shared with the Vendor/Contractor/Consultant to discuss the overall ranking for the project. 8.2 (5) The performance evaluation shall determine whether a vendor, contractor or consultant will be allowed: i) to bid on future projects, ii) the Vendor/Contractor/Consultant be placed on a probationary list for two years to closely monitor future work, (fees required to monitor future work may be added to the project); or, iii) may not be recommended for future work for a maximum period of three years. 8.2 (6) The final appeal shall be conducted by a Dispute Committee which will hear from both County staff and the Vendor/Contractor/Consultant at a time and place appointed in writing by the Committee. The Dispute Committee shall be comprised of the Director of Financial Services, the Purchasing Coordinator and two representatives of the relevant Standing Dispute Resolution Committee of Council. The decision of the Dispute Committee shall be in writing, a copy of which shall be provided to the Vendor/Contractor/Consultant, and the decision of a majority of the Dispute Committee shall be final. 10 136 County of Elgin Policy # 13-19 Financial Services - Purchasing 9.0 RECEIPT OF GOODS 9.(1) The Director or designate shall, i. arrange for prompt inspection of goods on receipt to confirm conformance with the terms of the contract, and, ii. inform the Purchasing Coordinator immediately of any discrepancies. 10.0 REPORTING TO SENIOR MANAGEMENT TEAM AND COUNTY COUNCIL 10.(1) The Director of Financial Services or designate shall submit to the Senior Management Team and County Council an information report (quarterly) containing the details relevant to the exercise of delegated authority for all contracts awarded that exceed $15,000 including amendments and renewals. The Director of Financial Services shall certify in the report that the awards are in compliance with the Purchasing Policy. 11.0 ACCESS TO INFORMATION 11.(1) The disclosure of information received relevant to the issue of bid solicitations or the award of contracts emanating from bid solicitations shall be made by the appropriate officers in accordance with the provisions of the Municipal Freedom of Information and Privacy Act., R.S.O. 1990, as amended. 11.(2) All records and information pertaining to tenders, proposals and other sealed bids, which reveal a trade secret or scientific, technical, commercial, financial or other labour relations information, supplied in confidence implicitly or explicitly, shall remain confidential if the disclosure could reasonably be expected to: i. prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organizations, ii. result in similar information no longer being supplied to the County where it is in the public interest that similar information continue to be so supplied, iii. result in undue loss or gain to any person, group, committee or financial institution or agency; or, iv. result in information whose disclosure could reasonably be expected to be injurious to the financial interests of the County. 12.0 ADVERTISING 12.1(1) To ensure access to all vendors, advertising for Quotations, Tenders, Proposals, Expression of Interest estimated to exceed $50,000 excluding taxes and freight shall be posted on; i) County website, ii) Ontario Public Buyers Association (OPBA), iii) Biddingo website. 12.1(2) Financial Services Department will post an annual notice in the local papers advising the public that all Proposals/Tenders/Quotations will be advertised electronically on the County’s website, Ontario Public Buyers and Biddingo websites. 11 137 County of Elgin Policy # 13-19 Financial Services - Purchasing 13.0 RETENTION OF DOCUMENTATION 13.1(1) All background information, information submitted by vendors, and any other relevant information involved in obtaining prices for goods and services shall be retained for the entire budget year and six (6) years in records retention. 13.1(2) All background information, information submitted by successful vendor, resulting in a contract or agreement shall be retained for a minimum of twenty (20) years in record retention. 12 138 County of Elgin Policy # 13-19 Financial Services - Purchasing APPENDIX “A” LEVELS OF CONTRACT APPROVAL AUTHORITY In the case of multi-year supply and/or service contracts, the pre-authorized expenditure limit shall refer to the estimated annual expenditure under the contract. Dollar Value Approved Procurement ProcessSource of Bid Report to Policy Section Authority Council (excluding taxes, duty Required or shipping) $15,000orDirector or Purchase Order/Charge Purchases No 3.3 lessanyto County made from the employeecompetitive exercising market place delegated authority approval Greater than DirectorandInformal Quotations Minimum of No if within 10% 3.4, 3.5, 3.8 $15,000butDirector of Or three (3) written of the approved less than Financial Request for Proposal quotes by budget allocation $50,000 Services or invitation or employeeopen exercising competition delegated Non-Competitive Procurement 3.9 No report to authority Council if within approval approved budget (jointly) Greater than Director and Formal Quotations By invitation or No Report to 3.6 $50,000 but Director of Or OpenCouncil required if less than Financial Request for Proposal Competitionwithin approved $100,000 Services or budget employee exercising delegated authority approval jointly County Non-Competitive Procurement Yes 3.9 Council Greater than County Request for Tender By Invitation or 3.7 $100,000 Council Or OpenYes Request for Proposal Competition Non-Competitive Procurement 3.9 13 139 County of Elgin Policy # 13-19 Financial Services - Purchasing APPENDIX B GOODS AND SERVICES NOT SUBJECT TO THIS POLICY Exclusions Competitive Bids shall not be required for the following Goods and Services; a) Petty Cash Items b) Advertising services (radio, television, newspaper, magazine) c) Government Agencies d) Travel Expenses including meals, conferences, seminars, conventions, trade shows, and accommodations e) Courses f) Staff development/Workshops g) Memberships h) Magazines, Books, Periodicals i) Licenses, Certificates (including hardware and software licenses) j) Ongoing maintenance for existing computer hardware and software k) Professional and skilled services provided to individuals as part of an approved program(s) within the Corporation including but not limited to medical services and counselling services l) Postage m) Utilities (Water, Sewage, Hydro, Gas, Telephone and Cable TV) 14 140 County of Elgin Policy # 13-19 Financial Services - Purchasing APPENDIX “C” IRREGULARITIES CONTAINED IN BIDS IRREGULARITY RESPONSE Late Bids Automatic rejection, not read publicly and returned unopened to the bidder. Unsealed Envelopes. Automatic Rejection. Incomplete, illegible or obscure bids or bids which May be rejected as informal. contain additions not called for, erasures, alterations, errors or irregularities of any kind. Bids not completed in ink. Automatic Rejection. Documents, in which all necessary Addenda have Automatic Rejection. not been acknowledged. mandatory Failure to attend site visit. Automatic Rejection. Bids received on documents other than those Automatic Rejection. provided by the County of Elgin. Failure to insert the Tenderer’s business name in Automatic Rejection. spaces provided in the Form of Tender. Failure to include signature of the person Automatic Rejection. authorized to bind the Tenderer in the space provided in the Form of Tender. Conditions placed by the Tenderer on the Total Automatic Rejection. Contract Price. Bids Containing Minor Mathematical Errors. a) If the amount tendered for a unit price item does not agree with the extension of the estimated quantity and the tendered unit price, or if the extension has not been made, the unit price shall govern and the total price shall be corrected accordingly. All corrections by the Purchasing Coordinator will be made in red ink and initialed. b) If both the unit price and the total price are left blank, then both shall be considered as zero. c) If the unit price is left blank but a total price is shown for the item, the unit price shall be established by dividing the total price by the estimated quantity. d) If the total price is left blank for a lump sum item, it shall be considered zero. e) If the Tender contains an error in addition and/or subtraction and/or transcription in the approved tender documentation format requested (i.e. not the additional supporting documentation supplied), the error shall be corrected and the corrected total contract price shall govern. f) Tenders containing prices which appear to be so unbalanced as to likely affect the interest of the County adversely may be rejected. 15 141 County of Elgin Policy # 13-19 Financial Services - Purchasing APPENDIX “C” IRREGULARITIES CONTAINED IN BIDS IRREGULARITY RESPONSE Bid Security a) Insufficient Financial Security (no bid Automatic Rejection. deposit or insufficient bid deposit). b) Failure to insert name of bonding company. Automatic Rejection. c) Signature of bidder and/or bonding Automatic Rejection. company missing when bid bond requested. Agreement to provide Performance Security is not Automatic Rejection. provided or is not in the form specified. Part bids (all items not bid). Automatic Rejection unless allowed for in the request. Withdrawal of Bids Withdrawal of bids received after the closing time will not be allowed. Tie Bids The designated official may use one of the following methods of dealing with tie bids, based upon the specific situation, * use a coin toss to select a recommended bid, * request the tie bidders to submit new bids, * negotiate with the tied bidders to break the tie. 16 142 County of Elgin Policy # 13-19 Financial Services - Purchasing APPENDIX “D” DEFINITIONS In this policy, unless a contrary intention appears: Agreement “” means a formal written legal agreement or contract for the supply of goods, services, equipment or construction, “Addendum” means additional information supplied by the Corporation after an original Tender, Quotation or Proposal call has been issued, “Authority” means the legal right to conduct the tasks outlined in this policy as directed by Council and delegated through the County’s Director of Financial Services to the Purchasing Coordinator, Blanket Order “” shall mean the agreement wherein a vendor will sell certain items to the County for an agreed period of time with established terms and conditions, Bid “” shall mean a submission from a prospective vendor in response to a request for the purchase of goods or services issued by the County, “Bidder” means supplier or contractor from whom the Corporation has received a Tender or Quotation, that is subject to acceptance or rejection, Bid Deposit “” shall mean a financial guarantee to ensure the successful bidder will enter into an agreement, “Bid Irregularity” means a deviation between the requirements of the Bid and the information provided or received in a Bid response, Consultant” “means the person or firm, who by virtue of a particular expertise is selected by the Corporation to undertake a specific task or assignment that may include designing specifications and preparing plans or programs, Contract “” means a commitment for the purchase and supply of Goods and Services evidenced in writing by an Agreement or other documentation appropriate to the transaction and duly authorized on behalf of the County in accordance with this Policy, “County or Corporation” means the Corporation of the County of Elgin, “Cooperative Purchasing” means the participation of two or more public agencies in a request for Quotation, Tender or Request for Proposal call, Council “” shall mean the elected Municipal Council of the Corporation of the County of Elgin, Declaration Respecting Workers’ Compensation Act, R.S.O.1990/Corporation Tax Act “” "Certificate of Clearance" means a declaration that a bidder has paid all assessments or compensation payable and has otherwise complied with all requirements of the Workplace Safety and Insurance Board and that the bidder has paid all taxes and/or penalties imposed on it pursuant to the Corporation Tax Act, (R.S.O. 1990), “Designate” means a person authorized by the Department Head to act on their behalf for the purposes of this policy, 17 143 County of Elgin Policy # 13-19 Financial Services - Purchasing Director" “refers to a head of a County department operating within the County of Elgin, Emergency” “means an occurrence resulting from an unforeseen action or consequence of an unforeseen event, (trigger event) which must be remedied on a time-sensitive basis to avoid a material financial risk, serious delays, injury, further damage or to restore or maintain services, Executed Agreement “” means a form of agreement, either incorporated in the bid documents or prepared by the County, to be executed by the successful bidder and the County, “Expression of Interest” means a focused market research tool used to determine vendor interest in a proposed project, not directly leading to the acquisition of goods and services, Goods and Services “” includes supplies, materials, equipment, property and contracts for construction, maintenance, service or consulting and professional services, In-House Bids “” also known as “Managed Bids” shall mean that during the Public Procurement Process, an agency within the Corporation of the County of Elgin is not permitted to submit a bid, Insurance Documents “” shall mean certified documents issued by an insurance company licensed to operate by the Government of Canada or the Province of Ontario certifying that the bidder is insured in accordance with the County’s insurance requirements as contained in the bid documents, IrregularitiesContained in Bids “” is defined in Appendix “C” and include the appropriate response to those irregularities, Labour and Material Bond "” means a bond issued by a surety company on the County of Elgin standard Form of Bond to ensure that the contractor will pay his or her suppliers and thereby protects the Corporation against items which might be granted to a supplier should the contractor not make proper payments, Letter of Agreement to Bond “” means a letter or other form issued by a bonding agency licensed to operate by the Government of Canada or the Province of Ontario advising that, if the bidder is successful, the bonding agency will issue the required bonds, Lowest Acceptable Bid “” means the lowest price submitted which meets the requirements and specifications as set out in the bid request, minor deviations excepted, Normal Operating Expenditure “” means expenditure of an operational recurring nature and does not include one-time special or Capital expenditure, Performance Bond “” means a bond issued by a surety company on the County of Elgin standard Form of Bond executed in connection with a contract and which secures the performance and fulfillment of the undertakings, covenants, terms, conditions and agreements contained in the contracts, ProcureProcurementPurchase “” "" "" means to acquire by purchase, rental, lease or trade, tation Summary Form Quo” means a written request in an approved format and duly “ authorize to obtain goods and services, 18 144 County of Elgin Policy # 13-19 Financial Services - Purchasing Quotation “” means a request for prices on specific goods and/or services from selected vendors which are submitted verbally, in writing or transmitted by facsimile or email as specified in the Request for Quotation, Request for Expression of Interest “” is a focused market research tool used to determine vendor interest in a proposed procurement. It may be issued simultaneously with a Request for Qualifications when the proposed procurement is well defined and the purchaser has clear expectations for the procurement, Request for Information “” is used prior to issuing a tender call as a general market research tool to determine what products and services are available, scope-out business requirements, and/or estimate project costs, Request for Proposal “” means a process where a need is identified, but the method by which it will be achieved is unknown at the outset. This process allows vendors to propose solutions or methods to arrive at the desired result, Sealed Bid “” means a formal sealed response received as a part of a quotation, tender or proposal, Single Source" "means there is more than one source in the open market but only for reasons of function or service one vendor is recommended for consideration of the particular goods and/or services, Sole Source “” means there is only one source of supply of particular goods and services, Supplier “” means any individual or organization providing goods or services to the County of Elgin including but not limited to contractors, consultants, vendors, service organizations, etc., Tender “” means a sealed bid which contains an offer in writing to execute some specified services, or to supply certain specified goods, at a certain price, in response to a publicly advertised request for bids, “Value Analysis” typically refers to a life cycle costing approach to valuing a given alternative, which calculates the long-term expected impacts of implementing the particular option. 19 145 County of Elgin Policy # 13-19 Financial Services - Purchasing APPENDIX “E” Guidelines for the Execution of Purchases These guidelines are provided to assist the Director and/or designate should they choose to exercise their authority to purchase goods or services.Guidelines are organized by objective as follows: Objective 1: Corporate Efficiency Purchases under this authority must be for unique Departmental requirements, and therefore not duplicated in other Departments, such that Corporate purchasing power or standardization is not a factor in costing. Requirements cannot be split in order to qualify for this process. Objective 2: Competitive Process A competitive process is undertaken whereby a minimum of three bids is obtained, and the lowest compliant bid is awarded the contract. Care must be taken as to how bids are sought, bidder lists are maintained and how competition is encouraged. Although a minimum of three bids is required, an open process without a minimum number of bids will be more competitive, and is encouraged. Objective 3: Open Process Departmental needs are communicated to bidders, who are able to bid on goods or services they are qualified to provide. There should be no limitation of bids to an established listing. Objective 4: Transparent Process The process is undertaken based on clear definition of the product or service requirement, and a clear outline of the review and criteria to be undertaken. The decision to choose the low bidder will be based solely on the requirements as documented, the bidder document, and the application of the review criteria. The same decision should be arrived at each time given the same set of facts, which will facilitate the dispute resolution process. Objective 5: Fair Process The process will be fair, such that no action is undertaken by the County staff to allow any given bidder an unfair advantage. This does not however, require County action to ensure that existing conditions are changed to ensure that any conversion costs from an incumbent to another supplier are ignored in an evaluation – it is in the best interest of the County to ensure that such “leveling of the playing field” is not required. Objective 6: Insurance and Risk Management A Liability Insurance Form and WSIB Certificates of Clearance may be submitted as deemed appropriate at the commencement of the project and periodically as the work is completed. The Director may choose to request Performance and Labour and Material Bonds for informal quotations if it is believed to serve the County’s best interest. Objective 7: Authorization for Payment Quotation Summary Form must be completed, ensuring that the appropriate account has sufficient funds to pay for the contract. 20 146 County of Elgin Policy # 13-19 Financial Services - Purchasing Objective 8: Reporting of Items Conducted under Delegated Authority The Director of Finance shall produce a report of all purchases in excess of $15,000 carried out under this authority, in a quarterly report of contracts to Council. Objective 9: Standardization In order to assist in cross training, enable multiple bidders to understand the process requirements and ensure that legal and insurance risks are controlled, standard formats will be used for Requests for Quotations. These forms will be updated by Financial Services as appropriate. 21 147 COUNTY OF ELGIN By-Law No. 13-20 "TO AMEND BY-LAW NO. 12-27 BEING A BY-LAW TO AUTHORIZE SPEED LIMITS” WHEREAS pursuant to Section 128(2) of the Highway Traffic Act, being Chapter H.8, R.S.O. 1990, as amended, the council of a municipality may by by-law prescribe a different rate of speed for motor vehicles driven on a highway or portion of a highway under its jurisdiction than is prescribed in Section 128(1a); and WHEREAS the County of Elgin did pass By-Law No. 12-27 prescribing different rates of speed for motor vehicles on certain highways under its jurisdictions; and WHEREAS it is deemed expedient to amend said By-Law to prescribe a different rate of speed on certain highways under its jurisdiction. NOW THEREFORE BE IT RESOLVED THAT the Municipal Council of the Corporation of the County of Elgin enacts as follows: 1. THAT a maximum rate of speed of 50 km/hr be established for a section of Dexter Line from the west property limit of Imperial Road westerly 2,485 meters in the Municipality of Central Elgin and the Township of Malahide, be posted at 50 km/hr. THAT a maximum rate of speed of 60 km/hr be established for a section of Graham Road from the north property limit of Marsh Line southerly 1,049 meters in the Municipality of West Elgin, be posted at 60 km/hr. THAT a maximum rate of speed of 60 km/hr be established for a section of Talbot Line from the west property limit of Union Road westerly 508 meters in the Township of Southwold, be posted at 60 km/hr. 2. THAT the penalties provided in Section 128(14) of the Highway Traffic Act shall apply to offences against this by-law. 3. THAT this by-law shall become effective once signage setting out the speed limit has been duly posted. TH READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 24 DAY OF SEPTEMBER 2013. Mark G. McDonald, Cameron McWilliam, Chief Administrative Officer Warden 148 CLOSED MEETING AGENDA September 24, 2013 Staff Report: 1) General Manager of Economic Development – Municipal Act, Section 240.2 (c) a proposed or pending acquisition or disposition of land by the municipality or local board – Purchase Opportunity Regarding Surplus CN Rail Lines