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96-17 COUNTY OF ELGIN By-Law No. 96-17 "TO REGULATE THE PROCEEDINGS IN THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE COUNTY OF ELGIN AND COMMITTEES THEREOF. AND TO REPEAL BY-LAWS NO. 91-59. 93-15. 93-24. 93-32. 93-39. 93-59. 93-62. 93-68. and 94-3' BEING A BY-LAW to make and establish rules and regulations for governing the proceedings of Council, the conduct of its members, the call of meetings, the regulations and directions of County Council, now pursuant to Section 102, Chapter MA5, of the Municipal Act, R.S.O., 1990, as amended. WHEREAS the Council of the Corporation of the County of Elgin did pass By-Law No. 91-59, and amendments thereto, in order to make and establish rules and regulations for governing the proceedings of Council: and WHEREAS it is deemed necessary and expedient to repeal said By-Laws and consolidate all former and current amendments into one comprehensive document. the Municipal Council of the Corporation of the County of Elgin NOW THEREFORE enacts as follows: PROCEEDINGS IN COUNCIL I MEETINGS AND ADJOURNMENT OF COUNCIL 1. In all the proceedings had or taken in the Municipal Council of the Corporation of the County of Elgin, the following rules and regulations shall be observed, and shall be the rules and regulations for the order and dispatch of business in the said Council, and of the committees thereof. 2. The first meeting of Council, after a regular election and the first meeting of each subsequent year of its term, shall be held at the hour of seven o'clock in the evening on the second Tuesday in December, and for every other day or sitting in the session, such hour shall be regulated at the previous adjournment or recess. 3. Unless there shall be a quorum present in half an hour after the time appointed for the meeting of Council, the Council shall then stand absolutely adjourned until the next regular hour of meeting, and the Administrator/Clerk or Deputy Clerk shall, if required by two members, take down the names of the members present at the expiration of such half hour. 4. The Council shall always recess/adjourn at the hours of twelve o'clock, noon, and six o'clock, afternoon, if in session at these hours, unless otherwise determined by a resolution, but shall always adjourn at the hour of ten o'clock, evening. the unti places on adjournment, their 5. The members of the Council shall not leave Warden or other Presiding Officer leaves the Chair. members Quorum - a quorum shall be defined as a majority of the whole number of required to constitute Council. a) 6. All meetings shall be open to the public. Persons may only be excluded when Council is in Committee Of The Whole and proceeding In-Camera. b) time, summon a special meeting. may at any Special Meeting The Warden (i) c) 2 The Warden shall, on requisition in writing signed by a majority of the members of Council, call a special meeting of the Council and, in the case of the absence or the neglect or refusal of the Warden to convene such a meeting, the Administrator/Clerk or Deputy Clerk shall call a special meeting for the purpose and at a time mentioned in the written petition. (ii) II a quorum shall be shall be present ORDER OF PROCEEDINGS IN COUNCIL 1. As soon after the hour of meeting as there present, the Warden shall take the Chair and members called to order 2. In case the Warden shall not be in attendance, the Administrator/Clerk or Deputy Clerk shall call the meeting to order, until a Chairman shall be chosen, and the member so chosen to preside shall take the Chair during the absence of the Warden, but at the meeting only at which the member has been so chosen by resolution. 3. Immediately after the Warden or other Presiding Officer shall have taken his seat at the first day of each Session following the Roll Call, the minutes of the preceding Session as mailed to each member shall be adopted as read or amended and shall be signed by the Warden and Administrator/Clerk or Deputy Clerk. previous to his speaking to any question or motion, Seat and address himself to the Warden or other 4. Every member, shall rise from his Presiding Officer. the the Warden shall name 5. When two or more members rise at once, member who is to speak first. 6. When the Warden or other Presiding Officer is putting the question, no member shall walk across or out of the room, nor interrupt the speaker, except to a question of order, nor pass between the speaker and the Chair. 7. Any member called to order shall at once sit down, unless permitted to explain, and the ruling of the Warden or other Presiding Officer shall be final, unless otherwise decided by the Council on an appeal from such ruling. 8. No member shall speak disrespectfully of The Reigning Monarch, nor of any of the Royal Family, nor of the Governor-General, Lieutenant- Governor, nor other person administering the Government of Canada, nor of this Province; nor shall he use offensive words against this Council, nor against any member thereof. the in beverages 9. No member shall smoke or partake of food or Council Chamber while Council is in Session. No member shall speak beside the question in debate. 10 11 Any member may require the question or motion under discussion to be read at any time during the debate, but not so as to interrupt a member while speaking. until No member shall speak more than once on the same question, other members have had the opportunity to speak to the question. 12. all a motion is passed, or a report adopted, no motion to alter same shall be considered during the same Session of Council, motion to alter or amend is moved and seconded by two members those who voted with the majority that carried said motion or 13 After or amend the unless the from among report. 14. Upon a division of any question before the Councilor any committee thereof, except Committee Of The Whole (In-Camera), and if required by any member of Councilor the committee, the names of those voting on the matter before the Councilor the committee shall be recorded 3 YEA or NAY as the members vote on the question. All members present during a division must vote. 15. Questions under the proper Orders Of The Day may be put to the Warden or other P~esiding Officer, or through him to any member of the Council, relating to any motion, or other matter connected with the business of the Councilor the affairs of the County, but no argument or opinion is to be offered, nor any facts stated, except so far as may be necessary to explain the same; and in answering any such questions a member is not to debate the matter to which the same refers. 16. Members of County Council, except the Warden, shall be referred to as County Councillors. 17. At any time when a vote, taken by a show of hands, is unclear as to the outcome, the Warden or other Presiding Officer may request members to stand to indicate their YEA or NAY. 18. Upon a tie vote on any question, by a show of hands, a recorded vote shall then be taken. 19. Upon a tie recorded vote the question shall be considered a defeated motion. 20. Weighted voting shall take place only when a "Recorded Vote" has been requested. III ORDERS OF THE DAY 1. The Administrator/Clerk or the Deputy Clerk shall have prepared for the use of the members the general Orders Of The Day, containing: Reqular Session 1st Roll Call 2nd Adoption of Minutes 3rd Disclosure of Pecuniary Interest and the General Nature Thereof 4th Presenting Petitions and Delegations 5th Reports of Committees and Officials 6th Other Business: i) statement/Inquiries By Members ii) Notice Of Motion iii) Matters of Urgency 7th Council Correspondence 8th Committee Of The Whole (In-Camera) 9th Consideration of By-Laws 10th Adjournment. Inauqural Session 1st Roll Call 2nd Election of Warden (1) prospective Candidates to Speak (alphabetical order) (2) Proceed with Election (Ballot - Resolution) 3rd Signing of Declaration of Office and Oath of Allegiance 4th Gowning 5th Presentation by Past Warden - Chain of Office - Lord Elgin Watch - Gavel of Office 6th Warden's Address 7th Adoption of Minutes 8th Consideration of By-Laws 9th Warden to Appoint Special Committee to strike the Committees (Four Members) 10th Other Business i) StatementS/Inquiries By Members ii) Notice of Motion iii) Matters of Urgency 11th Recess 4 OTHER BUSINESS 2 Mt;!mbers When a Councillor(s) wishes to inform Council of a matter that does not require action and consideration by Councilor wishes clarification of a matter, such information may be announced under the sub-section known as "statements/Inquiries by Members". It is understood that these announcements are made solely for Council's information and that under no circumstances shall an action be undertaken by Council within this category. Stat_t;!ments/Inguiries b a NQtice~Qf Motion Notice of Motion shall be received by the Administrator/Clerk or Deputy Clerk at any time Council is in session and in his office in advance of the production and distribution of the agenda material and they shall be printed in the agenda. b) A Notice of Motion shall be dealt with by Council, at the Council meeting at which it appears printed in the agenda. A Notice of Motion which is not printed in the agenda shall be dealt with in the order of business of motions at any subsequent meeting of Council. When a Councillor(s) wishes to inform Council of a matter that must be considered immediately, due to extreme time constraints or utmost importance, Council, by majority vote, shall determine if the matter is admissible and requires immediate action. Only matters of urgency, which have been previously presented to the Warden and recommended admissible, shall be considered by Council without prior notice Matters of--1lr c) 3. The business shall, in all cases, be taken up in the way in which it stands upon the Orders Of The Day, unless otherwise determined by a vote of the majority of the members present taken without debate thereon. 4. All motions shall be in writing, except to dispose of reports or communications, or to refer to committees, and shall be seconded before being debated or put to vote; and all motions shall be read and shall then be conveyed to the Warden, who may again read the same. After a motion has been received by the Warden or other Presiding it shall be deemed to be in possession of the Council, but may be at any time by consent of a majority of the members present. 5. Officer, withdrawn preclude A motion to refer the main motion to a committee shall amendment of the main question until decided. 6. all is vote adjourn shall always be in order unless a to 7. A motion being taken. motion to table is always in order and will supercede the A 8. motion. main 9. All amendments shall be put in the reverse order in which they are moved; and every amendment submitted shall be reduced to writing, and be decided upon or withdrawn before the main question is put to vote. main the to amendments ) 2 ( more than two be not shall 10 There question. be allowed to either amendment. 12. After any question is finally put to vote by the Warden or other Presiding Officer, no member shall speak to the question, nor shall any other motion be made until after the result is declared. Not more than one amendment shall 11 is of the opinion or the rules and members thereof or other Presiding Officer Council is contrary to law, he shall apprize the 13. Whenever the Warden that a motion offered to the privileges of the Council, immediately. 5 14. Members shall always take their places when any division is called. 15. When the Warden or other Presiding Officer is called on to decide a point of order or practice, he shall state the rule or authority applicable to the case. IV ORDER OF PROCEEDINGS IN COMMITTEE OF THE WHOLE Purpose: When Council wishes to conßider a subject(s) which it does not wish to refer to a committee and would like to consider that subject(s) with all the freedom of an ordinary committee, it may refer the matter to Committee Of The Whole, meaning members may speak more than once to the same question and the limitations on length of speaking, if any, are relaxed. 1. Whenever it shall be moved and carried that the Council go into Committee Of The Whole, the Warden or other Presiding Officer may leave the Chair, and may appoint a Chairman of Committee Of The Whole, who shall maintain order in the Committee, and who shall report the proceedings of the Committee. 2. The rules of the Council shall be observed in Committee Of The Whole, so far as may be applicable. 3. Questions of order arising in Committee Of The Whole, shall be decided by the Chairman, subject to an appeal to the Council, and if any sudden disorder should arise in the Committee, the Warden or other Presiding Officer will resume the Chair, without any question being put. 4. On motion in Committee Of The Whole to rise and report, the question shall be decided without debate. 5. The only motions allowed in Committee Of The Whole are: a) motion to rise without reporting b) motion to rise and report c) motion that the Chairman leave the Chair and no debate shall be allowed. 6. Exclusion of Persons from Committee and Council - In-Camera Sessions: a) Pursuant to section 55, of the Municipal Act, when a motion to go In- Camera is Carried, the Warden or Committee Chairman may, with the approval of Councilor committee, exclude such persons as is deemed appropriate from the meeting room. b) When In-Camera, no one shall leave and re-enter the meeting room without the approval of the Warden or committee chairman. c) A meeting or part of a meeting may be closed to the public if the subject matter being considered is, (i) the security of the property of the municipality or local board; (ii) personal matters about an identifiable individual, including municipal or local board employees; (iii) a proposed or pending acquisition of land for municipal or local board purposes; (iv) labour relations or employee negotiations; (v) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; (vi) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; (vii) a matter in respect of which a council, board, committee or other body has authorized a meeting to be closed under another Act. 6 A meeting shall be closed to the public if the subject matter relates to the consideration of a request und~r the Municipal Freedom of In- formation and Protection of Privacy Act if the council, board, commission or other body is designated as head of the institution for the purposes of that Act. d Before holding a meeting or part of a meeting that is to be closed to the public, a councilor local board shall state by resolution: (i) the fact of the holding of the closed meeting; and (ii) the general nature of the matter to be considered at meeting. the closed e) If a meeting is closed to the public, no resolution or record of the meeting shall disclose any information that the head of an insti- tution is not permitted to disclose under the Municipal Freedom of Information and Protection of Privacy Act. f taking Despite this section a meeting shall not be closed during the of a vote. g v or READING OF BY-LAWS AND PROCEEDINGS 1. Every by-law shall be introduced by the Administrator/Clerk Deputy Clerk and shall be authorized by a committee or Council After by-laws have passed, the Administrator/Clerk or Deputy Clerk be responsible for their corrections should they be amended. 2. shall the be given three readings before taking effect of in the proceedings be printed adopted shall by-laws shall by-laws All All 3 4. Council VI DELEGATIONS AND COMMUNICATIONS 1. Every petition, protest, or other written application intended to be presented to the Council, must be legibly written or printed on paper, and signed by at least one person, complete with their mailing address and telephone number PETITIONS 2 Every member presenting any petition, protest, or other written application to the Council, shall examine the same, and shall be answerable that they contain only relevant or proper matter, and that the same is respectful and temperate in its language; he shall also endorse thereon the name of the applicant and the substance of such application, and sign his name thereto, which endorsement only shall be read by the Administrator/Clerk, unless a member shall require the reading of the paper, in which case the whole shall be read. 3. All petitions or other written communications received prior to Council on any subject within the cognizance of any Standing Committee shall, on presentation, be referred to the proper committee by resolution. Any matters arising subsequently shall be referred by the Warden without any motion; and no member shall speak upon, nor shall any debate be allowed on the presentation of any petitions or other communications to the Council. 4. Any person or group of persons, wishing to address County Council, shall be required to make the necessary arrangements through the Administrator/Clerk, at least eight (8) days prior to the date of the Council Session. written briefs shall be provided so that sufficient time will permit distribution to the members of Council, prior to the said Session. 5. Once a delegation has addressed County Council, no further request on the same issue will be entertained until written information is produced to Council and they agree that another visit is warranted. 7 minutes 7. The Administrator/Clerk or Deputy Clerk shall provide all individuals or groups, indicating that they wish to address County Council, with a copy of the appropriate section of the Procedural By-Law dealing with delegations. (20 A delegation shall be limited to a maximum of twenty 6 VII ORGANIZATION OF COMMITTEES 1. The Warden shall appoint a committee of four (4) members of Council to Strike the Committees for the year and appoint representatives to various boards. The Warden shall be, ex-officio, a member of the Committee to strike the Committees. The Warden shall be, ex-officio, a member of all the Standing Committees, and is considered to be one of the number shown to be on each of the committees or Standing 2. A majority of the number of members composing any Select Committee, shall be a quorum to do business. at the first meeting of each shall compose the Standing 3. There shall be annually appointed, Council, the fOllowing committees which Committees of the Council for the year: Chairmen, Vice-Chairmen, Rural, 1 Urban NUMBE~OF ~EMBERS (3 3 1 plus Warden plus Warden 8 8 STANDING CQMMITTEES Community Services Corporate services 8 plus Warden 8 plus Warden Services Homes and Social Physical Services 4. The members of each Standing Committee shall, at their first meet- ing, elect a Chairman and Vice-Chairman from among themselves, and as soon as such positions have been elected, the date of the future regular meetings of the committee shall be determined by the members thereof, and also the hour at which each of such meetings shall be held. 5. The time and place of meetings of committees during Sessions of Council shall be arranged with the Administrator/Clerk or Deputy Clerk by the Chairman, and in his absence by the Administrator/Clerk or Deputy Clerk. 6. Special meetings of committees may be called by the Chairman or Vice-Chairman whenever he shall consider it necessary to do so, and it shall be the duty of the Chairman or Vice-Chairman, or in his absence the Administrator/Clerk or Deputy Clerk of the Council, to summon a special meeting of committee whenever requested in writing to do so by a majority of the members of the committee the the of in 7. Members of the Council may attend the meetings of any committees, and shall not be allowed to vote nor take any part discussion or debate, unless requested to do so by the Chairman. least one position on one Standing Committee appointed to at in addition to All members shall be committee/board/agency appointment. a) 8 any on All members of Council are equally eligible to serve committee/board/agency, including Standing Committees b) members (9) nine of consist shall Each Standing Committee including the Warden. c) The Corporate Services Committee shall be composed of the Warden, the Chairman and Vice-Chairman of each Standing Committee and one urban and one rural appointee, as elected by Council. d) committee and be All Standing Committee agendas will be released to members at least one week in advance of the meeting supported by written staff reports on major items a 9 8 b Agendas for County Council will be released to the public and the press upon request and no sooner than 24 hours in advance of the meeting. 10 Special Committees Special Committees may be appointed by Council, if an issue must be addressed and it does not fall within the mandate of, or is not assigned to, a Standing Committee. 11. Sub-Committees a) Standing Committees may establish a sUb-committee(s) for such purposes as may be deemed expedient. The sub-committee shall name its chairman. b) Sub-committees shall be responsible to and report through the committee by which they were established. 12. Vacancies/Appointments Committee/board/agency vacancies which occur during the year shall be filled at County Council. VIII COMMITTEE MEETINGS 1. The business of the respective Standing and Select Committees shall be conducted under the following regulations: a) The Chairman or Vice-Chairman shall sign all such orders and documents as the committee may legally order. b) In the absence of both Chairman and Vice-Chairman, one of the members shall be elected to preside, who shall discharge the duties of the Chairman for the meeting until the arrival of the Chairman or Vice-Chairman. IX DUTIES OF COMMITTEES 1. The general duties of all the Standing and Select Committees of the Council shall be as follows: a) To report to the Council from time to time, whenever desired by the Council, and as often as the interests of the County may require, on all matters connected with the duties imposed on them respectively, and to recommend such action by the Council in relation thereto as may be deemed necessary. b) To cause to be prepared and introduced into the Council, all such by-laws as may be necessary to give effect to the reports or recommendations of the respective committees that are adopted by the Council. c) To consider and report respectively on any and all matters referred to them by the Councilor Warden, the Chairman or Vice-Chairman signing such report and recommending the Same. 2 Reporting a) Unless otherwise provided for, committee decisions shall be in the form of recommendations reported to Council. b) The adoption of any report by the Council shall give all necessary force and effect to its recommendations. No action shall be taken on a recommendation until such time as it has been adopted. c) Appointees to committees/boards/agencies shall report at least once a year to County Council, according to the following schedule 9 APRIL SESSION Tillsonburg District Memorial Hospital Thames Valley District Health Council MAY SESSION Elgin Tourist Association st. Thomas-Elgin General Hospital JUNE SESSION Family & Children's Services JULY AND AUGUST SESSIONS No Reporting SEPTEMBER SESSION Elgin-st. Thomas Health unit Four Counties General Hospital * NOTE: The Waste Management Committee, the Elgin County pioneer Museum Committee, and the County/city Re-Engineering Committee already report frequently to County Council, therefore, scheduled reporting for these committees may not be required. Of course, members can report to Council at any time and more frequently if they wish. X COMMUNITY SERVICES COMMITTEE (CSC) 1. The CSC shall be composed of eight (8) members plus the Warden. 2. It shall be the duty of the CSC to regulate and have supervision of all policy and financial matters connected with the County Library; Elgin County Pioneer Museum; County Weed Inspector/Tree Commissioner; Land Division; Planning, (Land Use, 9-1-1, Emergency Planning); Tourism and Recreation; Industry and Economic Development; and Agriculture. 3. The CSC shall make recommendations to the Corporate Services Committee concerning the following: a) The annual budget b) Matters related to the rêcruitment of a Director/Manager c) Matters related to departmental organizational structure and staff complement. The Deputy Clerk shall be the Secretary to the committee. XI CORPORATE SERVICES COMMITTEE (CORSC) 1. The CORSC shall be composed of eight (8) members plus the Warden: The Warden Chairmen and Vice-Chairmen of the three (3) Standing Committees 1 Urban Representative - to be elected by County Council 1 Rural Representative - to be elected by County Council. 2. Consider requests for grants and make recommendations to Council in this regard. 3. In conjunction with the Treasurer review the operating and variance reports submitted by the Treasurer. 4. Review of the annual budget submissions from the standing committees and other groups prior to consideration by council, with the authority to send proposals back to the Standing Committee for possible revisions. 10 5. Consider and make recommendations on issues arising from the application of human resource policies including hiring practices, salary/wage administration, labour relations, training and development and related matters. 6. Responsible for items affecting the functioning of County Council, including remuneration, procedural by-law and other matters, except social arrangements. 7. Conduct a review of County insurance coverage in conjunction with department heads. 8. Consider and make recommendations to County Council on all issues not specific to other standing Committees. 9. Review and make recommendations on long term spending, purchasing, etc. 10. Review and make recommendations on major expenditures with impli- cations for County financing. 11. As IIHead" under the Freedom of Information and Protection of Privacy Act, 1989, delegates the duties under the Act to the Administrator/Clerk for the day-to-day administration. 12. Supervision of Administrator/Clerk. 13. The Treasurer and Personnel Administrator shall attend all meet- ings and be responsible for preparing agenda items for their portion of the meeting. 14. The Administrator/Clerk or his designate shall be Secretary for the Committee. XII HOMES AND SOCIAL SERVICES COMMITTEE (HSC) 1. The Homes and Social Services Committee shall be composed of eight (8) members plus the Warden. 2. It shall be the duty of the Committee to regulate and have super- vision of all policy and financial matters connected with Homes for Senior citizens and be authorized to approve and pass all accounts and issue orders on the Treasurer for payment of same. 3. The disbursement of all monies pertaining to Elgin Manor and/or Terrace Lodge and/or Bobier Home shall be made by the Treasurer, only on the certification of the Director/Administrator of the Homes. This will be the authority for the Treasurer to pay the said accounts listed, prior to being ratified by the Committee at a subsequent meeting. 4. It shall be the duty of the Committee to regulate and have super- vision of all policy and financial matters connected with the Department of Social Services. 5. The Director of Social Services shall attend all meetings of the Committee when items related to Social Services are being discussed and he shall prepare agenda items for his portion of the meeting. 6. The HSC shall make recommendations to the Corporate Services Com- mittee concerning the following: a) The annual budget b) Matters related to the recruitment of a Director c) Matters related to departmental organizational structure and staff complement. 7. The Assistant Director of the Homes for Senior citizens shall be Secretary for the committee. 11 XIII PHYSICAL SERVICES COMMITTEE PSC 1 The PSC shall be composed of eight (8) members plus the Warden. 2. It shall be the duty of the PSC to co-operate with and direct the Road Superintendent in the construction and maintenance of County roads and bridges. The disbursement of all monies pertaining to the County Road System shall be made by the Treasurer, only on the certificate of the Road Superintendent, or his Assistant in his absence, as certified under the hand of the Chairman or Vice-Chairman thereof, or in his absence, the Acting Chairman or the Warden. This will be the authority for the Treasurer to pay the said accounts listed, prior to being ratified by the Committee at a subsequent meeting. 3. The PSC shall oversee the County Administration Building/Property Maintenance; Renovations and Leases in the Administration Building; Environmental and Waste Management matters; and By-Law Enforcement. 4. The PSC shall make recommendations to the Corporate Services Com- mittee concerning the following: a) The annual budget b) Matters related to the recruitment of a County Engineer c) Matters related to departmental organizational structure and staff complement. The Road Superintendent or his designate shall be Secretary to the PSC. XIV SOCIAL/ENTERTAINMENT COMMITTEE (SEC) 1. The Social/Entertainment Committee shall be an Ad Hoc (Non-Standing) Committee of Council consisting of all ten Deputy Reeves, with the understanding that the workload will be divided, thereby not necessarily requiring all ten members to attend every meeting. 2. The SEC shall oversee and implement all social arrangements concerning county functions including but not limited to the following: 1) Organizing and conducting the Warden's Recognition 2) Organizing and conducting the Youth Day 3) Hosting Council luncheons 4) Organizing courtesy rooms 5) Organizing and conducting the Golf Day. 3. The SEC shall report to the Corporate Services committee from time to time as required. 4. The budget for the SEC is the responsibility of the Corporate Services committee. 5. The Deputy Treasurer shall be Secretary/Co-ordinator for the SEC. OTHER COMMITTEES/BOARDS/AGENCIES COMMITTEE NAME NO. OF APPOINTEES County/City Re-Engineering 5 plus Warden plus 4 members of city Council Elgin County pioneer Museum 2 Elgin-St. Thomas Health unit 3 Elgin Tourist Association 3 Family & Children's Services 3 Four Counties General Hospital 1 st. Thomas-Elgin General Hospital 1 Thames Valley District Health Council 1 Tillsonburg District Memorial Hospital 1 Waste Management/Liaison 4 plus Warden 12 XVI CONTRACTS MQNEY AEPROPRIATIONS ACCOUNTS EXPENDITURES AND IMPROVEMENTS any such 1. That no tenders be accepted on behalf of the Corporation for purpose unless such tender be accompanied by a certified cheque for amount as the committee having to do with the matter may determine. interfere 2. No member of the Council shall have power to direct or with the performance of any work for the Corporation. XVII GENERAL CLAuSES No person shall be allowed to address Council during the sittings Council without the permission of the Warden or other Presiding 1. of the Officer. in Council of in the Proceedings shall be followed. 2. In all unprovided cases committee, "Robert's Rules of Order or his/her means that whenever the masculine pronoun is used, feminine pronoun where the context so requires or vice- 3. He/she, it includes the versa XVIII ELECTION OF~ARDEN 1. The Administrator/Clerk or Deputy Clerk of the County shall take the Chair at seven o'clock in the evening of the second Tuesday of the month of December in each year, or at such hour and on such day thereafter as he shall find the majority of the Members of the Council present in the Council Chamber. 2. The Administrator/Clerk or Deputy Clerk shall prepare ballots for each member with the names of the members written or printed thereon. 3. The Administrator/Clerk or Deputy Clerk shall announce that any person aspiring to the position of Warden shall be granted an opportunity, not exceeding five (5) minutes, to address County Council. Candidates will address Council in alþhabetical order 4. That the Administrator/Clerk or Deputy Clerk shall inform the members that he is ready to proceed with the election of one of their number to be Warden, unless only one member indicates his intention to run for the Office, in which case the election procedure is dispensed with in favour of a resolution appointing the Warden. Voting shall be by secret ballot and balloting will continue until a candidate obtains a majority of votes The Administrator/Clerk or Deputy Clerk shall count the votes a 5 candidates, the candidate shall retire after each In the event there are more than two (2) receiving the lowest number of votes ballot. b) the Administrator/Clerk shall be directed to destroy after the election has been completed. By motion, the ballots c) County of each member of electing the Warden, the purposes have one vote. 6. For Council shall 7. In the case of an equality of votes for Warden, the successful candidate shall be determined by the Administrator/Clerk or Deputy Clerk placing the names of the candidates on equal size pieces of paper in a box and one name being drawn by a person chosen by the Administrator/Clerk or Deputy Clerk. shall forthwith sign and declare and read aloud and Oath of Allegiance and on completion thereof 8. The Warden-Elect the Declaration of Office, he shall take the Chair 13 XIX CONVENTION ATTENDANCE AND COURTESY ROOMS 1. County Councillors shall be permitted to attend any convention or conference within the Province of ontario in accordance with the established convention pOlicy, provided that the said convention/conference is relevant to the business of the County. 2. Attendance shall be provided as follows: a) The Warden may attend any number of conventions each year. b) Members of County Council are limited to any two (2) conventions of their choice each year. c) The Warden may utilize a Courtesy Room at a maximum of four con- ventions per year, not to exceed $4,000.00. 3. The Warden and Members of County Council shall be paid the following rates for attending conventions: a) Within a radius of 322 km (200 miles) of st. Thomas, the per diem rate, registration fee and mileage from st. Thomas to the convention site and return, paid at the same rate established for the use of personal vehicles for County business (see Appendix 'A') . b) Travel by air or vehicle, at the lowest quoted cost. The sum of up to twenty dollars ($20.00) will be allowed for travel to and from London if travel is by air or rail. Standard mileage as set out on "Schedule A" will be used on claim forms. Generally speaking, the use of a vehicle is to be restricted to points within a radius of 322 km (200 miles) of st. Thomas or to points not readily accessible by rail or air transportation. Whenever possible, County staff are encouraged to travel together in order to reduce costs. c) The per diem rate of $225.00 per day shall be limited to the actual number of days that the convention has sessions listed which the delegate attends. d) Claims for reimbursement of expenses and per diem shall be made on approved claim forms, complete with receipts (see Appendix 'B'). Payment of reimbursement shall be made as soon as possible after receipt of claim, but will coincide with the scheduled cheque run. e) The above provisions shall be subject to the payment of a maximum of $1,100.00 plus registration fee, per member, per calendar year. XX DISPOSAL OF SURPLUS COUNTY PROPERTY 1. Periodically, equipment, furniture, supplies, materials and other County property (excluding land) will be deemed to be surplus and of no potential use for County purposes. In these circumstances, it will be the responsibility of the appropriate Department Head to recommend to the Administrator/Clerk which County property is surplus. The Administrator/Clerk shall make this surplus property known to all departments. Any County department expressing an interest in said property, will submit a written request, outlining the need for the property, to the Administrator/Clerk for consideration. When more than one County department expresses an interest in the item(s) the Administrator/Clerk will determine which department will receive the surplus item, based on the need expressed 14 can be found, including its use by other will be disposed of by public auction or When no other use for the item(s) County departments, the property tender. XXI ROOM USAGE -_COUNTY ADMINISTRATION BUILDING of the County Administration Building, after normal hours, will be limited to organizations which have County representatives sitting on them. The use business Council a) 1 The tenants in the County Administration Building will be allowed to use the building, after business hours, with prior approval and payment of the appropriate fee b) An outside group is defined as an organization that does not have an appointed County Council representative and does not provide a service or function under the direct authority of County Council. Outside groups, except tenants, are not permitted to use the building after normal business hours, unless said group is composed of at least one member of County Councilor staff. c) County Councillors or County employees, who are also members of an outside group wishing to use the building, will be required to pay the appropriate fee for room usage and will be responsible for the building's security after hours d the the Departments or employees from departments will be charged appropriate fee for room usage and will be responsible for security of the building, if used after normal business hours. e) Fees will be charged to all outside groups Upon request of a Department Head, on the appropriate room reser- vation form, the Council Chambers may be used for a meeting on County business. All other requests for use of the Council Cham- bers must be channelled through the Physical Services Committee. f) g) THE_USE ANP SALE OF THE COUN~Y FLAG 1. One County Flag, complete with stand, shall be available for use upon request by outside organizations, with the approval of the Corporate Services Committee. The request shall state the reason and location where the Flag shall be flown. The County Flag shall be flown on the Administration Building. The County Flag may be displayed in municipally-owned buildings or facilities at the discretion of the Physical Services Committee. 2 3. other of legal right to prevent continued use 4. The County reserves the the County Flag at its discretion purposes Services commercial Corporate County Flag emblem cannot be used for expressed written permission of the 5. The without the committee 6. Private purchase and use of the County Flag may be permitted, upon written application to the Corporate Services Committee, who reserves the right to deny permission to purchase the Flag if there is just cause to believe that it will be degraded in any way and its dignity not upheld. specify made. 7. The corporate Services committee shall have authority to whether the County Flag will be donated or the appropriate charge 8. Should the request, due to time constraints, need consideration prior to a regular meeting of the Corporate Services Committee, the Warden and/or Chairman of said Committee shall have authority to make the appro- priate decision. 15 XXIII REMUNERATION A meeting is defined as a duly called Standing Committee, Special Committee (including outside committees) or Sub-Committee meeting established to carry out the business of the Committee or Sub-Committee. Occasionally, the Committee Chairman or a Member designated by the Warden or Committee Chairman may be required to meet with staff or to attend meetings on behalf of the Committee or Sub-Committee. These meetings are to be kept to a minimum and must be approved by the Warden as spon as practicable. COUNCILLORS' 1. The following remuneration shall be paid to each Member of County Council, with the exception of the Warden, for attending meetings of the Council and committees thereof: (3) is over three For attending a meeting, when the said meeting hours in duration - $95.00 a) hours ) 3 ( is three when the said meeting 00. For attending a meeting, or less in duration - $62 b shall be paid travelled in of personal In addition to the above remuneration, each Member the same rate for each mile/kilometre necessarily attending such meetings as established for the use vehicles for County business c Where a Member of Council is requested by the Warden to represent him at a meeting (other than a social function), that he be paid per diem and mileage. In the event he represents the Warden at a social function, he be paid mileage only. d) For the purpose of paying per diem for committee meetings, all committee meetings shall be considered independently for payment when they meet on the same day, except when such meetings occur immediately preceeding or following a meeting of County Council, at which time only Council pay shall be claimed. e Where a member of Council is engaged in wage negotiations and time spent goes beyond ten (10) continuous hours, time in excess of this be counted as a new day, in so far as the under and over three (3) hours per diem is concerned. f) Members of Council will record their own remuneration and expenses on a form provided by the Administrator/Clerk and submit said record to the Administrator/Clerk or Deputy Clerk once a month at the County Council meeting, thereby being paid once a month on the next scheduled pay date. g) XXIV GENERAL POLICIES WARP EN 1 DISTRIBUTION OF LITERATURE FROM_OUTSIDE AGENCIES No person shall cause any printed matter to be circulated or posted on corporate property without first obtaining the approval of the Depart- ment Head or the County Administrator/Clerk. CHAIN_~F OFFIÇE AND/OR GOWN The Warden is authorized to use his own discretion as to whether he wears the traditional gown and/or Chain of Office for meetings of Council, other than at the time of election to Office, or other events or occasions as warranted. OFFICIAL STATEMENTS All statements concerning pfficial policies pf County Cpuncil shall be released only by the Warden or by a person named by the Warden to provide statements or information to the media 16 RECOGNITION ELGIN MUNICIPAL ASSOCIATION The Warden shall be recognized by County Council at the noon luncheon each November. In lieu of the Warden's Banquet, the Warden shall be publicly recognized the following year by the Elgin Municipal Association. In addition, Past Wardens shall be recognized by the Elgin Municipal Association, with the tickets for the meal provided complimentary by County Council for the Warden, Past Wardens, and their guest. ELECTION RECEPTION The County will provide and pay for the cost of a reception after the Warden's election each year. The Administrator/Clerk will make the necessary arrangements in consultation with the Social/Entertainment Committee. The County will provide a Guest Book. REMUNERATION REVIEW FOR COUNCIL A review is to be made in the remuneration of the Warden and Members of Council each year, in time to have any revisions presented to the November Session of County Council. 2. COUNCIL MEALS Councillors and appointed officials shall be provided with a meal, when the committee meeting is in both the forenoon and afternoon. RETIREMENT GIFT Every r~tiring County Councillor shall receive a desk pen set with the County Crest affixed and a suitable plaque indicating the term held on CounciL RESOLUTIONS a) Where a resolution is endorsed, a reply be sent to the originating body only, regardless of the request for copies to be sent to others. b) Where a resolution is filed or not endorsed, no reply be sent, it being felt that no response will indicate non-support. c) In the event Council wishes copies of resolutions, etc. , sent to other than the originating body, directions to this effect be incorporated into the recommendation. ROAD CLOSING NOTICE Where a municipality gives notice to the County of a proposed road closing and the Physical Servic~s Committee does not object, a letter to this effect be forwarded to the municipality in lieu of passing a by-law, upon adoption by County Council. REPORTS AND/OR MINUTES All reports mailed prior to council need not be read and the Chairman, or designate, move its adoption as circulated. COMMITTEE MEETINGS All committee meetings shall be open to the public, subject to those meetings held In-Camera, see section IV, subsection 6 of this by-law. CORRESPONDENCE The deadline for correspond~nce is eight (8) days prior to the Council Session. That all notices of proposed zoning by-law changes and pUblic hearings, receiv~d from the local municipalities, be IIFiled". It is understood that any that affect County Roads or property Will be forwarded to the appropriate committee. 17 SEMINARS That where members of Council attend seminars and are paid per diem, only the persons driving be paid mileage allowance. BEREAVEMENT FLOWERS Flowers are to be sent, in the event of bereavement, for current councillors, Department Heads and their Spouses, Past Councillors who served during the previous term, all Past Wardens and Past Department Heads. COUNTY CRESTS AND TIES county Crests and ties, supplied to Councillors and Officials, should be expected to last at least three (3) years. Anyone requiring a replacement prior to the end of the three (3) years will be required to purchase it at actual cost. Officials shall not be provided with a tie or crest until their probationary period has been fulfilled. POCKET GREETERS A pocket type and pin type greeter printed with the County Crest and the person's name will be supplied to the following: a) County Councillors (Warden each year) b) Department Heads and Deputies c) Women Councillors will be provided with two pin type greeters. These greeters are supplied at no charge; any replacements will be at the expense of the person requiring it. COFFEE The County will purchase coffee or tea for committee meetings and to be used by the staff in the Administration Building. NEW COUNCILLOR ORIENTATION Following the election of a new Council, a general Orientation session for new Councillors will be held. This should cover both the functioning of Council and committees and Departmental operations. It should include such topics as departmental organization and functions, introduction of key personnel, tours of facilities, etc. A more indepth Session should also be held by each department for the members of its Standing committee. These department-committee meetings should continue to be held at least annually for the term of Council. 3. FINANCES BUDGETS All budgets (committees of Council and outside Boards) are to be submitted to the Treasurer no later than March 1st of each year and they are to be provided in sufficient numbers (40) to be distributed to Council, prior to the actual Budget Session. GRANTS County Grants to Organizations, Corporations, Institutions, etc. , will be paid December 15th each year, or quarterly if requested in writing, except for: a Memberships Scholarships - granted to universities and provided for persons attaining the highest academic standing Payment to the Local Agricultural Office on behalf of 4-H Clubs etc. , and these would be paid upon request Grants indicating a specific date in the original motion 18 Hospital Capital Grants Assistance should not exceed 15% of approved capital project costs. This amount should be further reduced by the percentage of patients from outside Elgin County using the hospital as it relates to the total hospital patient load. Total capital assistance to all hospitals should not exceed $5.00 per capita of Elgin's population in any year or $200,000.00, whichever is the lesser. Funds should only be paid over to the hospital as the project progresses. If requests exceed the maximum amount in any year, council will reduce the amounts payable on a pro-rata or percentage basis. Council will determine the term of years over which a grant may be payable. Grants may be paid earlier in the year if requested in writing and approved by the Corporate Services Committee. The guidelines should be reviewed periodically. b) February 1st of each year will be the cutoff for receiving grant requests. c) The Corporate Services will set aside a separate day, in February, to hear all the delegations. d) Financial Statements will be required from each organization and sufficient copies (15) of the brief and financial statements are to be provided for distribution to Members of the Corporate Services Committee or the request may not be considered. e) The Warden will decide which delegations to invite to the special February meeting. 4. COUNTY VEHICLES ROADS DEPARTMENT a) All new vehicles licensed under the Highway Traffic Act are to be North American manufactured and have a County Crest decal affixed on the front doors. b) Personal use of vehicles by persons not presently having this privilege be determined by County Council upon recommendation from the Physical Services Committee and the Corporate Services Committee. c) Personal use of vehicles be restricted to the Province of ontario unless approved by County Council upon the recommendation of the Physical Services Committee. HOMES FOR THE AGED a) All new licensed vehicles purchased are to be North American manufactured and have a County Crest decal affixed on the front doors. LIBRARY a) All new licensed vehicles purchased are to be North American manufactured and have a County Crest decal affixed on the front doors 19 OUTSIDLBOARDS 5 APPOINTM~NTS_TO OUTSIDE_BOARDS Persons presently serving on local boards or committees shall be eligible for re-appointment, but shall not be eligible for the same position for a period of more than nine (9) continuous years. After an absence of not less than one (1) year such person shall be likewise eligible for re-appointment. All appointments to the Land Division Committee shall be made through the Community Services Committee. Commencing in December 1994, appointments to the Land Division Commit- tee be staggered beginning with two new appointments, each for a three-year term, followed by two new automatic appointments for three-year terms in 1997, followed by one new appointment for a three-year term in the year 2000 and continuing on a staggered basis, so that no one member will serve longer than nine consecutive years on the Committee; and, vacancies occurring on the County's Land Division Committee be filled by the Community Services Committee which shall seek the names of candidates dìrectly from the affected municipalities where the vacancy occurs, with the understanding that the Community Services Committee has the ultimate responsibility to recommend appointees for considera- tion by County Council Any local board or committee to which County Council makes appointments must receive Council's approval prior to anyone being appointed to a further board, in order to receive payment for his/her attendance on the second board. COUNTY _ITEMS 6 LAPEL_l'INS Five (5) metal County Lapel pins will be supplied to the current Councillors, Department Heads and Deputies annually. Additional ones may be purchased in minimum lots of five (5) pins a) supplied to each new pins will be first paycheque Lapel hìs/her b) with along employee The Warden may give out Lapel pins at his/her discretion. c PENS The Warden may give out County Pens at his/her discretion. discretion etc. , as ETC The Warden may, without direction from County Council, use in the distribution of County bookends, plates, glasses, gìfts to visitìng dignitarìes. GLASSES PLATES COUNT::LBOOKENDS COUNTY CREST The original crest was designed for use as the corporate seal to officially indicate the authenticity of documents. Subsequently, ìt was incorporated for use on letterhead, cheques and other items used by the County. The initial intent was for County purposes only and the use by other than the County proper, should not be permitted. any have been authorized to use the Crest for All County departments County purposes. PURCHASES Members of Council and current staff may purchase any County artìcles such as bookends, glasses, plates, etc., at cost and other persons will bê charged cost plus 10% (see Appendix 'B'). 20 7 LIBRARY BRANCH CONSTRUCTION The Library Branch Construction Policy and Agreement will be used for all library branch construction (see Appendix 'C'). 8 PHOTOCOPIES FOR THE PUBLIC A charge of $1.00 per sheet, plus G.S.T., will be made for persons requesting copies of documents. XXV RESERVES 1. The Roads Department Equipment and Housing Reserve cannot be drawn- down for anv other purpose, except by the passing of a by-law approved by Council. 2. The Library Fund-Raising Reserve Account cannot be drawn-down for any other purpose except by the passing of a by-law approved by Council. READ a first and second time this 23rd day of April, 1996. READ a third time and finally passed this 23rd day of April, 1996 ~? ; ~~ fè H.J. Mezenberg, _is r :or / Clerk. Warden. ~(r ~~. Qþ-3S KM 225 280 230 545 235 260 310 270 920 250 65 650 430 1, 025 630 1. 275 480 645 400 385 245 1.730 200 140 135 440 385 1, 1 3 APPENDIX 'A' CONVENTION MILEAGE ST. THOMAS AND RETURN BRANTFORD BURLINGTON CHATHAM COLLINGWOOD CORNWALL GODERICH GUELPH HAMILTON KINGSTON KITCHENER-WATERLOO LONDON MIDLAND NIAGARA FALLS NORTH BAY ORILLIA OTTAWA OWEN SOUND PETERBOROUGH PORT COLBORNE ST. CATHERINES SARNIA SAULT STE. MARIE STRATFORD SUDBURY THUNDER BAY TORONTO WINDSOR APPENDIX 'B' COUNTY ITEMS WHICH MAY BE PURCHASED COST PRICE PLUS 10% BOOKENDS (Includes 2 Coloured Medallions) $37.31 set $41. 04 DESK SETS 44.27 ea. 48.70 FLAGS (3' x 6') 44.36 ea. 48.80 GLASSES 32.20 set 35.42 LAPEL PINS (SILVER & GOLD) 1.00 ea. 1.10 METAL COLOURED COUNTY CREST MEDALLIONS 4.28 ea. 4.71 PLATES 7.44 ea. 8.18 SPOONS 4.40 ea. 4.84 STEINS 19.55 ea. 21.50 Please note prices on items may change according to current invoice APPENDIX 'c' STANDARD ELGIN COUNTY LIBRARY MUNICIPAL LEASE THIS LEASE: Made in Triplicate this day of , 19 . In Pursuance of the Short Forms of Leases Act BETWEEN: hereinafter called the "Municipality" of the FIRST PART AND THE CORPORATION OF THE COUNTY OF ELGIN (for their Library Purposes) hereinafter called the "County" of the SECOND PART WHEREAS the Municipality owns or leases certain lands and premises in the of ; in the County of Elgin. AND WHEREAS the Municipality deems it expedient to lease area in said building to the County of Elgin (for Library purposes); subject to the terms and conditions hereinafter set forth. NOW THEREFORE THIS LEASE WITNESSETH that in consideration of the covenants and agreements hereinafter reserved and contained herein on the part of the County, the Municipality doth demise and lease to the County (for Library purposes); its successors and assigns, all those certain premises hereinafter called the IILeased Premises" which consist of a mutually agreed square feet for calculation purposes of this Lease; and which are more particularly shown on Schedule "A" attached hereto and forming part of this Lease and which leased premises form the Library portion of a building on the lands which are more particularly described in Schedule liB" attached hereto and forming part of this Lease. Together with: (a) The right to use in common with the municipality and its staff a portion of the building shown outlined in red on Schedule "A"; (b) The right to pass and repass through that part of the Municipality's portion of the building shown outlined in green on Schedule "A"; (C) A right-of-way for persons and vehicles at all times over the lands more particularly described in Schedule IIC 2 To have and to hold the leased premises together with the right described herein above for the term of five years to be computed from the date of effectiveness of this Lease; mutually agreed as the - day of , 19 -' The County reserves the right and the Municipality agrees to allow; the County the option of renewal for a further five year term with all conditions contained herein in force. Termination of this Lease is mutually agreed to require two years notice in writing delivered by IIRegistered Letter" to the other Party by either signing authority. Yielding and paying therefore; $7.00 per square foot for square feet (as previously agreed); annually; in quarterly installments, during the term of this Lease. The first payment for the annual Lease shall become due and payable on the 1st of March annually with quarterly installments following on the 1st of June; September and December immediately following the commencement date of the Lease term. Said sum of $7.00 per square foot shall not decrease during the term of this Lease and may be upwardly adjusted if recommended by the County Library Committee and adopted by a vote of County Council following an annual review in May of each year. The Municipality mutually agrees to be bound by any such review by the County and acknowledges their representation on County Council as their required consent to any such changes. It is mutually agreed and understood that the agreed sum of $7.00 per square foot to be paid to the Municipality annual by the County shall include allowances for all custodial, janitorial, heating and utilities and maintenance costs for the leased premises, and that the Municipality is solely responsible for same. The Municipality reserves the right to implement any cost savings measure it deems advisable providing said are compatible to Library functioning and without limiting the generality of the foregoing the Municipality shall cover 3 (a) The cost of all fuel oil gas electricity and water supplied to the leased premises for heating, lighting and all other purposes; (b) The total salaries, wages, and other payments made by the Municipality to its janitors and custodians or to any other persons or corporations with whom the Municipality contracts for the operation, maintenance and repair of the building and leased premises; (c) The cost of premiums paid by the Municipality for insurance on the building; leased premises and its municipal operation; (d) The cost of all cleaning and maintenance supplies and of all materials and things required to operate, maintain and repair the building, but excluding the following: (which are County Library responsibilities) 1. The cost of any furniture and interior fittings required for Library purposes. 2. The cost for Library purposes; as requested in writing by County Council, or any salaries, wages and other payments required by the Municipality; other than those persons or corporations in (b) above; and 3 . The cost of repairing any damage to the building and leased premises caused by the negligence of the County of its agents, servants or invitees. Nothing in (1) above shall relieve the County from the payment of any amount hereinafter agreed to be paid by the County of the Municipality. The County covenants and agrees with the Municipality as follows: (a) To pay the rent referred to above; (b) To use the leased premises in a tenant-like manner and to leave the leased premises in a clean and tidy condition; (c) To use the building; excluding the leased premises; and the grounds surrounding the building and to cause its agents, servants and invitees to use same in accordance with the rules and regulations from time to time established by the Municipality for the use of such areas by all persons; (d) Not to permit anything to be done on the leased premises which may be deemed to be a nuisance or by which the insurance on the building will be increased; (e) Not to use the leased premises except as part of the County Library system; 4 (f To pay for any loss or damage to the Municipality's contents within the building or for any loss or damage to the building including the leased premises when any such loss or damage is caused by its negligence or that of its agents, servants or invitees; (g) Not to allow any refuse, garbage or other loose or objectionable material to accumulate in or about the building including the leased premises and on the grounds surrounding same; (h) Not to injure or remove any shade trees, shrubbery, hedges or any other trees or plants which may be in or on the lands surrounding the building and leased premises; (i) To give the Municipality immediate verbal then written notice of any accident or defect in the water pipes, gas pipes or heating apparatus, electrical lights or other wires within the leased premises; (j) That if the County shall be in default in respect to any of its covenants and such default shall continue for ninety (90) days after written notice by IIRegistered Letter" of such default to the County; the Municipality may, at its option, repossess the leased premises and the said Lease shall thereupon terminate; and (k) Not to assign or sublet except with consent of the Municipality which shall not be unreasonably withheld if the sub-tenant or assignee is a Public Library Authority established under a General or special Act. The Municipality covenants and agrees with the County as follows: (a) As soon as the leased premises are reasonably fit for occupancy to cause the Clerk of the Municipality to send notice in writing to such effect to the County; (b) To provide sufficient heating and air-conditioning of the leased premises to maintain a reasonable temperature therein at all times during normal business hours, except during the making of repairs to the heating and air-conditioning equipment; (c) To give free use to the County and all persons designated by the County and all persons in common with the Municipality and all persons designated by it, of all stairways, hallways, entrances and common areas used by the public within the building for all Library purposes and for providing ingress to and egress from the leased premises; (d) To supply hot and cold water to the washrooms and sinks in the leased premises; 5 (e) To provide adequate toilet facilities for male and female employees to comply with the requirements of The Industrial Safety Act, 1980 and any other provincial requirements or regulations or municipal by-laws and to permit the County, its servants and agents, to use the said toilet facilities and to keep them in good working order; (f) To supply the leased premises with electric power; (g) To remove snow and ice from the sidewalks and driveways adjacent to and leading to the building and to reasonably maintain the grounds around the building; (h) To promptly repair and keep the building, including the leased premises and every part thereof, in good repair, order and condition. Whenever any structural repair is required to any part of the building, to consult with the County as to the nature and need for such repair before making the same. If upon ninety (90) days after written notice by the County such repairs are not commenced the County may authorize same and deduct such costs from future rent; (i) To supply janitor service to the leased premises; where applicable, per Schedule "D" Guideline attached; (j) To obtain and maintain, at all times, insurance as follows: (i) Insurance against loss or damage to the building by fire, lightning or tempest with the usual additional perils as covered by extended coverage and to the full insurable value of the building on a replacement cost basis with loss payable to the Municipality and the County as their interests may appear and the Clerk of the Municipality shall cause a statement of endorsement to be sent to the County Clerk and Librarian yearly; (ii) General public liability insurance in an amount satisfactory to the Municipality and the County against claims for personal injury, death or damage to property occurring upon or in or about the building including the leased premises with the Municipality and the County named as the insureds; and (iii) Pressure vessels and other apparatus which may be in, about or upon the building in such amount or amounts as the Municipality and the County may agree upon a replacement cost basis with loss payable to them as their interests may appear; 6 (k To pay for any loss or damage to the County's contents within the building or for any loss or damage to the leased premises when any such loss or d<image is caused by its negligence or that of its agents, servants or invitees. If the leased premises are totally destroyed by fire or other cause for which the Municipality is insured, the Municipality may at its option replace the building according to plans approved by the Municipality and the County. If the Municipality elects to replace such building, the proceeds payable under the insurance policy or policies shall be used for such purposes. If the building is not replaced thereupon this Lease shall terminate. If the leased premises are partially destroyed by fire or other cause for which the Municipality is insured, the Municipality may at its option repair the damaged portion of the building according to plans approved by the Municipality and the County. The Municipality covenants with the County for quiet enjoyment. PROVIDED that the County may remove its fixtures brought by it to the leased premises provided that it makes good any damage in so doing. PROVIDED that the County shall have the privilege of affixing such signs as do not permanently disfigure the building and as may be approved by the Municipality in writing and such approval shall not be unreasonably withheld. If the County should hold over after the original term, or after any renewal thereof, such holding over shall be construed to be a tenancy from year to year only, and shall have no greater affect, any custom, statute, law or ordinance to the contrary, notwithstanding. Such year to year tenancy shall be governed by the terms and conditions of this Lease, notwithstanding any statutory provisions or rules of law with respect to the incidents of the year to year tenancy, and shall be subject to termination upon six (6) months' notice in writing. Any notice required by this Lease shall be sent or any notice requesting a renewal of covenant or any notice as to changing the address to which notices, statements or estimates are to be sent, shall be sent by prepaid registered mail and when the notice is to the Municipality, it shall be addressed as follows 7 The Corporation of the And where such notice or statement is to the County it shall be addressed as follows: The Corporation of the County of Elgin 450 Sunset Drive ST. THOMAS, ontario N5R 5V1 The Parties agree that the Lease shall be registered against the lands described in Schedule liB" attached hereto. This Lease shall inure to the benefit of and be binding upon the successors and assigns of the Parties hereto. "INITIAL IMPLEMENTATION CLAUSE" (a) Where existing "B" Leases are in place they may be replaced by this Lease upon the mutual consent of Elgin County Council and the Municipal Council by means of the passing of by-laws authorizing the necessary signing officers. It is acknowledged that upon implementation of this leasing agreement that all prior existing leases, covenants and conditions are null and void. (b) Where existing IIA" Leases are in place they may be replaced by this Lease upon the mutual consent of Elgin County Council and the Municipal Council by means of the passing of by-laws authorizing the necessary signing officers. As a condition of implementation the signing Municipality agrees and acknowledges that a County of Elgin grant previously awarded in the amount of $ shall upon signing of this document become repayable in full to the County of Elgin. Said sum shall then constitute an interest free loan owed to the County of Elgin. The total amount of $ shall be repaid in ten (10) equal annual installments of $ and said installments shall be deducted at source as quarterly payments from the Lease funds payable to the Municipality under the conditions of this leasing agreement 8 It is acknowledged that upon implementation of this leasing agreement that all prior existing leases, covenants and conditions are null and void. (c) Where expansion of Library services are desired by the County of Elgin and are mutually agreed upon by a member municipality by means of new construction, re-location or major renovation of existing premises prior to implementation of this Lease, the County of Elgin and the Municipality may enter into an agreement by means of a "Letter of Intent" to accommodate such expansion. The "Letter of Intent" shall be accompanied by such plans, drawings and construction timetables as are deemed necessary by the County of Elgin Library Committee to accommodate a proper recommendation to County Council. When the "Letter of Intent" is mutually accepted by motion of Councils a by-law will be prepared authorizing signing officers for both the IILetter of Intent" and this leasing agreement (upon occupancy). Upon completion of all conditions of the II Letter of Intent" and implementation of this leasing agreement the Municipality shall receive an interest free loan of $10.00 per square foot of leased premises as specified for calculation purposes in this leasing agreement. This loan in the amount of $ shall be repayable under the same conditions as apply to subsection (b) above affecting "A" Type Lease grant repayments. It is acknowledged that upon implementation of this leasing agreement that all prior existing leases, covenants and conditions are null and void. 9 IN WITNESS WHEREOF. the said Parties hereto have hereunto affixed their corporate seals attested to by the hands of their proper signing officers. SIGNED. SEALED AND DELIVERED ) THE CORPORATION OF THE in the presence of ) ) ) ) ) ) Reeve ) ) ) ) Clerk ) ) ) CORPORATION OF THE COUNTY OF ELGIN ) ) ) ) ) Warden ) ) ) ) Clerk 10 SCHEDULES (It is the responsibility of the Municipality to supply these documents and sufficient copies of same to allow the County to properly register this Lease). "A" A floor plan and measurements; (reasonably to scale) of building and leased premises (showing mutually agreed interior useable square footage used to establish leasing calculations). "B" The legal description and registered survey copy of entire site and location. "C" A site plan showing all pedestrian and vehicular access to premises. "D" Branch Libraries Building Cleaning Guideline 11 SCHEDULE C" BRANCH LIBRARIES BUILDING CLEANING GUIDELINE MINIMUM FREOUENCY 1. Vacuum broadloom in halls, entrances and all pUblic areas. Twice weekly 2. Clean entrances and exits. Daily 3. Quarry tile floors are to be cleaned and maintained in accordance with manufacturer's specifications. Twice weekly 4. Floors in garbage room to be cleaned thoroughly. Twice weekly 5. Wash down garbage chutes. Weekly 6. Floors in electrical room, storage room must be kept clean As required 7. Vinyl asbestos flooring in stairwells, landings, stairs to be kept clean. Twice weekly 8. Clean public washrooms, maintenance areas, including sinks, toilet bowls and mirrors. Daily 9. Dust public washrooms, fire bells and lights, exit signs and window ledges. Weekly 10. Dust electrical panels, hot water tanks, pumps, pipes, etc. Monthly 11. Change or clean all corridor make-up air filters and outlets. Monthly 12. Wash all lights. Twice yearly 13. Replace all burned out light bulbs and tubes in public areas. As required 14. steam clean all public broadloom and matting. Annually 15. Vacuum public drapes. Monthly 16. spot clean door glass frames and doors (hand marks). Daily 17. Bag all garbage into standard size garbage bags, spray disinfectant. Daily except Sunday 18. Empty wastepaper baskets. Daily except Sunday 19. Move garbage bags from garbage room on pick-up days to street curbside prior to truck arrival. Pick-up day 20. Thoroughly clean all windows, screens, inside and out, and areas between windows. Spring and Fall 21. Clean walls in corridors, stairwells, and other public areas. Bi-monthly 22. Clean lounge furniture, card tables, chairs stove, refrigerator and sink. Weekly 23. Sweep sidewalks (minimum twice monthly As required 24. Keep all sidewalks clear of snow. As required 12 MINIMUM FREOUENCY 25 Spread ice removing pellets on sidewalks parking lot and driveways. As required NOTE: All equipm~nt shall be supplied by the Municipality including: ice removing pellets, make-up air filters, light bulbs and fluorescent tubes, garbage bags, toilet paper, paper towels, soap, disinfectant, deodorant and cleaning supplies. 13 LIBRARY BRANCH CONSTRUCTION POLICY The following shall constitute the policy of the Elgin County Library Committee and/or the Corporation of the County of Elgin to be followed in considering any participation it will have with any Municipality represented on County Council in the establishment of Library facilities anywhere in the County. A. ACTION INITIATED BY MUNICIPALITY 1.0 The Municipality shall first determine from the Committee, if in the opinion of the Committee, there is a need for Library facilities and/or new facilities in the Municipality. 2.0 If the answer to 1.0 is in the affirmative, the Committee should state the square feet area required to provide the Library service desired and so notify the Municipality, and shall at this time provide the Municipality with a Draft Lease as hereinafter contemplated. 3.0 Should the Municipality wish to pursue the matter it shall notify the Committee, and within a reasonable period of time it shall submit to the County Council and to the Committee a proposal which shall set out the following: 3.01 The address and description of the proposed site and building to be constructed and/or renovated. 3.02 The interior gross area of the building or proposed building. 3.03 The size of the area designated or to be designated for Library use which area shall not be less than that indicated by Clause 2.0. 3.04 The estimated total cost of construction or renovation required to complete the entire facility and in particular the estimate shall include the following: 3.04.1 Construction Timetables. 3.04.2 Cost of construction or renovation including mechanicals. 3.04.3 Cost of interior fittings for Library fittings. 3.04.4 Architect's fees. 3.04.5 Interim financing cost. 3.04.6 Source of funding for project. 3.1 The Committee upon receiving notification from the Municipality pursuant to Clause 3.0 shall prepare for submission to County Council, its estimation of the cost to it, if the Municipality proposal is proceeded with 14 4.0 The Council upon receiving the proposal from the Municipality and the estimation of cost and recommendation from the Committee shall consider the proposal. If acceptable, and council determines that it wishes to participate in the establishment of the Library facilities recommended, the County Clerk shall notify the Municipality and the Committee of the amount of the Capital Grant (as specified in the lease) which the Council is prepared to make towards the proposed building and the mode and time the grant will be made; which grant when made, if accepted by the Municipality, shall be an interest free loan to be repaid as per standard Elqin Countv Librarv Municipal Lease. To expedite matters a "Letter of Intent" detailing the arrangement may be signed by the County and the Municipality. 4.1 Upon the Clerk of the County being advised in writing by the Municipality that the amount of the grant proposed in Clause 4.0 is satisfactory to the Municipality, the Clerk shall be authorized to pay such grant upon receipt of an executed standard Elqin Countv Librarv Municipal Lease. 5.0 5.0.1 The Municipality shall cause plans and specifications of the Library premises to be prepared, which plans must be approved by the Committee. 5.0.2 The Municipality shall be the owner of the land and building. 5.0.3 The Municipality shall, at its cost, cause the building to be constructed in accordance with the plans and specifications referred to in Clause 5.0.1. 5.1 Both Parties to the Lease shall be responsible for their own legal cost in the negotiation and/or drafting of any Lease Agreement. B. ACTION INITIATED BY THE COMMITTEE 1.0 In any plans wherein no Municipality is involved the Committee will proceed in the normal manner. c. NEW LIBRARIES The square footage of Branch Libraries shall be 2,500 square feet except in the case of Resource Libraries which shall be 5,000 square feet. In all cases of new construction the Libraries shall be on one level. During the three-year term of each Council the construction of only QTIg Library will be allowed.