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08 - Revised June 10, 2014 County Council Agenda Pkg. 1st Meeting Called to Order 2nd Adoption of Minutes May 27, 2014 3rd Disclosure of Pecuniary Interest and the General Nature Thereof 4th Presenting Petitions, Presentations and Delegations DELEGATION: 9:00 a.m. Greg Poste, Managing Architect, MMMC Architects with PowerPoint (attached) 5th MC 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 (none) 10th Recess 11th Motion to Rise and Report 12th Motion to Adopt Recommendations from the Committee Of The Whole 13th Consideration of By-Laws 14th ADJOURNMENT LUNCH WILL NOT BE PROVIDED Deputy Warden for June Councillor Couckuyt NOTICE: Deputy Warden for July Councillor McWilliam June 18, 2014 W Country Club 9:00 a.m. June 24, 2014 County Council Meeting 9:00 a.m. November 7, 2014 1 DRAFT COUNTY COUNCIL MINUTES Tuesday, May 27, 2014 The Elgin County Council met this day at the Administration Building at 9:00 a.m. with all members present except Councillor Walters (regrets). Warden Marr in the Chair. ADOPTION OF MINUTES Moved by Councillor Mennill Seconded by Councillor McWilliam THAT the minutes of the meetings held on April 22 and May 13, 2014 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. PRESENTATION Retirement Recognition: Linda Irvine The Warden presented Linda Irvine with a retirement certificate for 30 years of exemplary service as a dietary aide at Elgin Manor. hard work and professionalism will be missed by staff and residents alike. DELEGATIONS Luc Begin, Dillon Consulting Ltd. with a PowerPoint presentation egic Plan for Asset Management He outlined the Elgin County Asset Management Plan. The plan evaluates the current state of Elgin County assets, identifies their value, and determines the cost to keep these assets at current levels of service. Moved by Councillor Jones Seconded by Councillor Jenkins THAT the presentation Elgin from Dillon Consulting Ltd. be received and filed. - Carried. Elizabeth Sebestyen, Acting Director, St. Thomas - Elgin Ontario Works presented a report 2014 Ontario W Moved by Councillor Wiehle Seconded by Councillor Ens THAT the report 2014 Ontario W Thomas - Elgin Ontario Works be received and filed. - Carried. Fons Vandenbroek, President & Donna Lunn, Vice President, Elgin Federation of Agriculture to discuss changes to the Land Division process. The vice president explained the Federation of Agriculture involvement with the Elgin County Land Division Committee and indicated their support for Committee to oversee land division requests from all townships and municipalities. 2 County Council 2 May 27, 2014 Moved by Councillor Mennill Seconded by Councillor Jenkins THAT the discussion with the Elgin Federation of Agriculture on changes to the Land Division process be received and filed. - Carried. Moved by Councillor Ens Seconded by Councillor Couckuyt THAT we do now move into Committee Of The Whole Council. - Carried. REPORTS Land Division Committee Responses from Elgin Municipalities Chief Administrative Officer The Chief Administrative Officer presented the report on the responses from Elgin County Municipalities regarding their opinions on the make-up and operation of the Elgin County Land Division Committee. Moved by Councillor Mennill Seconded by Councillor Jenkins THAT the discussion be deferred until the June 10, 2014 Council meeting so options may be reviewed and all Councillors are present for the discussion. - Carried. Council recessed at 10:04 a.m. and reconvened at 10:25 a.m. Asset Management Plan Deputy Director of Engineering Services The deputy director further explained the County of Elgin County Asset Management Plan. This plan is available for review on the Elgin County website and printed copies are available in Engineering Services. Moved by Councillor Couckuyt Seconded by Councillor Jones THAT the County of Elgin Asset Management Plan be adopted. - Carried. Award of Quotation Chatham Street (CR#39) Slope Drainage Deputy Director of Engineering Services The deputy director presented the report outlining the tender award recommendation for Chatham Street Slope Drainage project. Moved by Councillor Jenkins Seconded by Councillor Ens THAT Birnam Excavating Ltd. be selected for the Chatham Street (CR#39) Slope Drainage, Contract No. 6090-14-01 at a total price of $85,643.37, inclusive of a $2,500 contingency allowance and exclusive of H.S.T; and, THAT additional funding required in the amount of $32,151.37 be re-allocated from the anticipated surplus from the Eden Line Rehabilitation Project, Contract No. 6200-14-01 to Contract No. 6090-14-01; and, THAT the Warden and Chief Administrative Officer be authorized to sign the contracts. - Carried. 3 County Council 3 May 27, 2014 Award of Tender Administration Building Parking Lot Storm and Sanitary Sewer Replacement Deputy Director of Engineering Services The deputy director presented the report outlining the tender award recommendation for the Administration Building Parking Lot Storm and Sanitary Sewer Replacement. Moved by Councillor Jones Seconded by Councillor Ens THAT Greenfield Contracting be selected for the Administration Building Parking Lot Storm and Sanitary Sewer Replacement Tender, Contract No. 2660-13-06 at a total price of $192,520.00, inclusive of a $15,000 contingency allowance and exclusive of H.S.T.; and, THAT the Warden and Chief Administrative Officer be authorized to sign the contract. - Carried. Restricted Acts after Nomination Day (September 12, 2014) - Lame Duck Chief Administrative Officer The Chief Administrative Officer outlined Section 275 of the Municipal Act, as amended, that provides Council with directions for the period after Nomination Day (September 12, 2014) as it relates to the municipal election. Depending on the nominations filed, the sitting council may face restrictions during this period, as outlined in the by-law. Moved by Councillor Wiehle Seconded by Councillor Jenkins THAT the necessary by-law be prepared delegating authority to municipal officials in the Act, as amended. - Carried. 2014 Provincial Policy Statement Manager of Planning The manager explained the new Provincial Policy Statement. Highlights include: a distinction between rural areas and rural land, removal of the five lot rule in areas where there are not sufficient sewage services and a new definition for secondary uses, now called on-farm diversified uses. Moved by Councillor Ens Seconded by Councillor Couckuyt Statement dated May 13, 2014 from the Manager of Planning be received and filed. - Carried. Approval for Official Plan Amendment No. 3, Part of Lot 14, Concession 9, 9823 Yarmouth Centre Road, Municipality of Central Elgin, File No.: CE-OPA3-14Owner: Stephen Michael Pineo Manager of Planning The manager presented the report providing Council with the information required to consider granting approval for Official Plan Amendment No. 3, Part of Lot 14, Concession 9, 9823 Yarmouth Centre Road, Municipality of Central Elgin, File No.: CE-OPA3-14 Owner: Stephen Michael Pineo. Moved by Councillor Jenkins Seconded by Councillor Jones THAT the Council of the Corporation of the County of Elgin gives approval to Official Plan Amendment No. 3 to the Municipality of Central Elgin Official Plan, File No. CE-OPA3-14 (Stephen Michael Pineo, 9823 Yarmouth Centre Rd.); and, 4 County Council 4 May 27, 2014 THAT staff be directed to provide notice of this decision in accordance with the Planning Act. - Carried. Approval for Official Plan Amendment No. 12, West Part Lot 5, Registered Plan 164, 37 Water Street, Town of Aylmer, Ministry File No.: 34-OP-12000-012, Owner: Rob and Rose Ann Kuiper Manager of Planning The manager presented the report providing Council with the information required to consider granting approval for Official Plan Amendment No. 12 West Part Lot 5, Registered Plan 164, 37 Water Street, Town of Aylmer, Ministry File No.: 34-OP-12000-012, Owner: Rob and Rose Ann Kuiper. Moved by Councillor Couckuyt Seconded by Councillor Wiehle THAT the Council of the Corporation of the County of Elgin gives approval to Official Plan Amendment No. 12 to the Town of Aylmer Official Plan, File No. 34-OP-12000-12 (Rob and Rose Ann Kuiper, 37 Water St.); and, THAT staff be directed to provide notice of this decision in accordance with the Planning Act. - Carried. Approval for Official Plan Amendment No. 13, Lots 9, 10, 21 and 22, Registered Plan 164, 344 Talbot St East, 249 and 253 Sydenham Street, Town of Aylmer, File No.: AY- OPA13-14, Owner: Aylmer Full Gospel Church Manager of Planning The manager presented the report providing Council with the information required to consider granting approval for Official Plan Amendment No. 13, Lots 9, 10, 21 and 22, Registered Plan 164, 344 Talbot St East, 249 and 253 Sydenham Street, Town of Aylmer, File No.: AY-OPA13-14, Owner: Aylmer Full Gospel Church. Moved by Councillor McWilliam Seconded by Councillor Jones THAT the Council of the Corporation of the County of Elgin gives approval to Official Plan Amendment No. 13 to the Town of Aylmer Official Plan, File No. AY-OPA13-14 (Aylmer Full Gospel Church, 344 Talbot St. East); and, THAT staff be directed to provide notice of this decision in accordance with the Planning Act. - Carried. Accessibility Coordinator Training Services Accessibility Coordinator The coordinator presented the report informing Council of training activities provided by Elgin County to Bruce County, the City of Cambridge and the City of London. The County is reimbursed for time and expenses incurred. Moved by Councillor Ens Seconded by Councillor Jenkins from the Accessibility Coordinator be received and filed. - Carried. Accessibility Plan Annual Status Report Accessibility Coordinator The coordinator presented the annual status report on the progress of measures taken to implement the strategies outlined in the multi-year accessibility plan. 5 County Council 5 May 27, 2014 Moved by Councillor Jenkins Seconded by Councillor Couckuyt from the Accessibility Coordinator be received and filed. - Carried. Southwest Local Health Integration Network/Adult Day Program Re-Design New Fee Structure Director of Homes and Seniors Services. The Chief Administrative Officer, in the absence of the director, presented a report outlining the new fee structure for the Adult Day Program that has been established by the Southwest Local Health Integration Network. Moved by Councillor Jones Seconded by Councillor McWilliam ation Network/Adult Day Program re- from the Director of Homes and Senior Services dated May 27, 2014 be received and filed. - Carried. Laserfiche Run Smarter Award Director of Community and Cultural Services The director presented the report informing Council that the County of Elgin was the recipient software. Moved by Councillor Ens Seconded by Councillor Wiehle from the Director of Community and Cultural Services dated May 5, 2014 be received and filed. - Carried. Renovations to the John Kenneth Galbraith Reference Library Director of Community and Cultural Services The director explained that the County is about to embark upon renovations to the John Kenneth Galbraith Reference Library in partnership with the Municipality of Dutton/Dunwich. The director praised the Municipality of Dutton/Dunwich for their maintenance of the facility. Moved by Councillor McWilliam Seconded by Councillor Ens the John Kenneth Galbraith Reference Library, from the Director of Community and Cultural Services dated May 5, 2014 be received and filed. - Carried. Completion of Renovations to Port Stanley Library Director of Community and Cultural Services The director presented the report informing Council that renovations to the Port Stanley Library have been completed. A grand re-opening celebration will be held on June 24, 2014 at 2:00 p.m. 6 County Council 6 May 27, 2014 Moved by Councillor Jenkins Seconded by Councillor Jones Custom Cabinets and the Board of Directors of the Port Stanley Festival Theatre to acknowledge their respective contributions to renovations of the Port Stanley Library; and, from the Director of Community and Cultural Services dated May 5, 2014 be received and filed. - Carried. Capping and Clawback Director of Financial Services The director presented the report recommending that the Current Value Assessment threshold for clawed-back (decreasing) properties be set at $250. Moved by Councillor Jones Seconded by Councillor Wiehle THAT County tax policy set the annualized tax limit increase at 10%; the prior years current value assessment (CVA) tax limit increase at 5%; the CVA threshold for protected (increasing) properties at $250; the CVA threshold for clawed-back(decreasing) properties at $250; exclude properties that were at CVA tax in the previous year from the capping and claw-back calculation in the current year; and exclude properties that would move from being capped in the previous year to be clawed back in the current year or from being clawed back in the previous year to be capped in the current year as a result of the changes to the CVA tax; and, THAT the necessary by-laws be adopted once all municipalities have set their tax rates. - Carried. April YTD Budget Performance Director of Financial Services The director presented the budget comparison through April 2014 for the County with a favourable performance of $123 thousand. Moved by Councillor Jenkins Seconded by Councillor McWilliam from the Director of Financial Services dated May 20, 2014 be received and filed. - Carried. CORRESPONDENCE Items for Consideration 1. J.W. Tiernay, Executive Director, Ontario Good Roads Association (OGRA) informing litigation fund and requesting Council 2. Pat Vanini, Executive Director, Association of Municipalities Ontario (AMO) requesting consent from Ontario municipalities in order for AMO to send commercial electronic messages (CEMs) which will comply with the recently passed Canadian Anti-Spam Legislation (CASL). 3. Mayor Ron Eddy, County of Brant, with a resolution regarding review of the Emergency Detour Routes for the 400-Series Highways. 7 County Council 7 May 27, 2014 The following recommendation was adopted in regard to Correspondence Item #1: Moved by Councillor Wiehle Seconded by Councillor Ens THAT the Corporation of the County of Elgin requests a refund of 50.1% of the $4,497.50 This will amount to $2,253.25. - Carried. The following recommendation was adopted in regard to Correspondence Item #2: Moved by Councillor Jones Seconded by Councillor Couckuyt THAT the Corporation of the County of Elgin gives consent to AMO to continue sending email correspondence. - Carried. The following recommendation was adopted in regard to Correspondence Item #3: Moved by Councillor McWilliam Seconded by Councillor Wiehle THAT the Corporation of the County of Elgin supports the resolution from the County of Brant with the addition that all roads in the municipalities affected by these detours be subject to additional compensation. - Carried. Items for Information (Consent Agenda) 1. Mayor Dan Mathieson, City of Stratford with invitation to Civic Night at the Festival Theatre on June 25, 2014. 2. Hon. Bob Chiarelli, Minister of Energy with an update on the Provincial initiatives re: local energy planning. 3. Mayor Heather Jackson, City of St. Thomas thanking Council for support of 4th Annual 4. Anne Ashfield, Interim Manager, The Caring Cupboard Food Bank of St. Thomas thanking Council for the monetary and Charity Hockey Game. 5. Expansion project. 6. Julie Simpson, Fund Development Coordinator, VON Middlesex-Elgin inviting Council and Park in Mt. Brydges on June 22, 2014. 7. AMO Communications requesting nominations for the 2014 - 2016 AMO Board of Directors. 8. newsletter. 9. a) Energy rates b) Funding for small town Ontario schools. 8 County Council 8 May 27, 2014 Moved by Councillor Jenkins Seconded by Councillor Couckuyt THAT correspondence items 1 9 be received and filed. - Carried. OTHER BUSINESS Statements/Inquiries by Members The second installment of the three-part series on council terms was published in the latest edition of Municipal World. Staff is collecting articles and additional information to send to Council. Notice of Motion None. Matters of Urgency None. Closed Meeting Item Moved by Councillor Wiehle Seconded by Councillor Jones THAT we do now proceed into closed meeting session in accordance with the Municipal Act to discuss matters under Section 240.2 (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board Summary of Convictions Woodland Conservation By-Law. - Carried. The Elgin County prosecutor presented a summary of convictions Woodland Conservation By-Law. Moved by Councillor Jones Seconded by Councillor Wiehle THAT we do now rise and report. - Carried. Moved by Councillor Jenkins Seconded by Councillor Ens Conservation By-Law from the County Solicitor be received and filed. - Carried. Motion to Adopt Recommendations of the Committee of the Whole Moved by Councillor Couckuyt Seconded by Councillor Ens THAT we do now adopt recommendations of the Committee Of The Whole. - Carried. BY-LAWS Moved by Councillor Ens Seconded by Councillor Wiehle THAT By-Law No. 14- 12 " Being a By-Law to Delegate Authority to Municipal Officials to Act in the Event that the CActions Become Restricted Under Section 275 of the Municipal be read a first, second and third time and finally passed. - Carried. 9 County Council 9 May 27, 2014 Moved by Councillor Jones Seconded by Councillor Jenkins THAT By-Law No. 14-13 -Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the May 27, 2014 and third time and finally passed. - Carried. ADJOURNMENT Moved by Councillor McWilliam Seconded by Councillor Ens THAT we do now adjourn at 12:10 p.m. and meet again on June 10, 2014 at the County Administration Building Council Chambers at 9:00 a.m. - Carried. Mark McDonald, David Marr, Chief Administrative Officer. Warden. 10 REPORTS OF COUNCIL AND STAFF June 10, 2014 Staff Reports (ATTACHED) Director of Engineering Services Terrace Lodge - Renovation Chief Administrative Officer Term Limits of Council (deferred from April 22, 2014) Chief Administrative Officer Land Division Committee Responses from Elgin Municipalities (deferred from May 27, 2014) Director of Engineering Services Highway #3 Transportation Needs Assessment Study Purchasing Coordinator Quarterly Information Report Contract Awards January 1, 2014 to March 31, 2014 Director of Financial Services Central Elgin Municipal Non-Profit Housing Corporation Tax Reduction Director of Financial Services Federal Gas Tax 21 REPORT TO COUNTY COUNCIL FROM: Clayton Watters, Director of Engineering Services Rhonda Duffy, Director of Homes and Seniors Services DATE: May 20, 2014 SUBJECT: Terrace Lodge Renovation INTRODUCTION: In the winter of 2014 County Council approved MMMC Architects (MMMC) to provide architectural services for a renovation to Terrace Lodge. The schematic design and construction documents phase of the project is scheduled to be completed in 2014 and the renovation to Terrace Lodge be completed in 2015. The approved project budget is $4.5 million and is contained within the 10-year capital plan. This report updates County Council on the progress to date and requests approval of the schematic design plan. DISCUSSION: In 2013 County Council approved a renovation of Terrace Lodge. The renovation will ensure the building remains sound while upgrading the common areas to improve the quality of life for residents. A Request for Proposal was initiated in late 2013 and in early 2014 County Council approved the services of MMMC to complete the architectural services for the renovations. During the schematic design process MMMC and County staff have been meeting regularly. This phase of the project involves developing schematic drawings which can be refined and built upon and establishes important relationships between the other components of the project scope. The objective of this stage of the development is to provide a clearly Also included is an updated budget and schedule. The Terrace Lodge project involves the following: relocate nurses stations; build a lower north dining room; add a second elevator; renovate a main floor washroom area; renovate/relocate tuck shop; renovate/relocate hair salon; addition to kitchen to change/increase storage, walk in cooler/freezer/dry storage;staff washroom and office modifications; replace all windows in the bedroom wings; add receiving area; enclose all decks/balconies in resident rooms with four new bedrooms to facilitate dining expansion and anticipated construction sequencing; replace nurse call system telephone system; add heating/cooling to resident rooms; replace and relocate existing electrical substation and power supply. 22 The approved budget for this project is $4.5 million. Below is the current project estimate: Architectural Services $359,200 Construction $3,846,100 Furniture Fixture and Equipment $100,000 Miscellaneous $40,700 Construction Contingency $154,000 Sub Total $4,500,000 Budget $4,500,000 (Over) / Under Budget $0 Council should be made aware that this floor plan involves better and more efficient use of existing space, thus providing a greater usable area of approximately 3,800 sq ft, without adding to the building's foot print. In turn, the addition will add approximately 5,500 sq ft of new physical space to the building's foot print. This new useable space and addition to the building's overall square footage will increase operating costs by approximately $90,000 per year (eg. maintenance/energy consumption/housekeeping/repairs. This amount will be accommodated in the ten year business plan commencing in 2015. The County has established a building committee for this project, which includes the Warden, Mayor of Aylmer and Mayor of Malahide. Staff is suggesting that the initial meeting occur in June so that the project schedule can be maintained. MMMC will make a presentation of the schematic design at the June 10, 2014 County Council meeting so that Council can review the information and approve the floor plans. CONCLUSION: MMMC has been retained by the County of Elgin to complete the design for the Terrace Lodge Renovation. The renovation includes more than fourteen separate projects within the Home. The major items include a new dining room addition to lower north, a second elevator and the enclosure of all decks / balconies to name a few. These upgrades will maintain the classification of the facility and will ensure that the existing structure remains sound. These renovations will improve the common areas and the quality of life for the residents. RECOMMENDATION: May 20, 2014 from the Director of Engineering Services and the Director of Homes and Seniors Services be received and filed; and, 23 THAT the Terrace Lodge Renovation Building Committee be activated for the Terrace Lodge Renovation; and also, THAT County Council approve the schematic drawings. All of which is Respectfully Submitted Approved for Submission Clayton Watters Mark G. McDonald Director of Engineering Services Chief Administrative Officer Rhonda Duffy Director of Homes and Seniors Services 24 REPORT TO COUNTY COUNCIL INTRODUCTION: DISCUSSION: CONCLUSION: RECOMMENDATION: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 REPORT TO COUNTY COUNCIL INTRODUCTION: DISCUSSION: CONCLUSION: RECOMMENDATION: 59 60 61 62 63 64 65 66 67 68 69 70 71 REPORT TO COUNTY COUNCIL INTRODUCTION: DISCUSSION: CONCLUSION: 72 RECOMMENDATION: 73 74 75 REPORT TO COUNTY COUNCIL FROM: Mike Hoogstra, Purchasing Coordinator DATE: May 23, 2014 SUBJECT: Quarterly Information Report - Contract Awards January 1, 2014 to March 31, 2014 INTRODUCTION: As per the County of Elgin's Procurement Policy section 10.1, an information report containing the details relevant to the exercise of delegated authority for all contracts awarded that exceed $15,000 including amendments and renewals is to be prepared and reported to Council. This report covers the period from January to March 2014. DISCUSSION/CONCLUSION: The Council of the Corporation of the County of Elgin delegated authority to the Directors to award contracts as follows: Value Report Status Greater than $15,000 No report to Council required if within 10% of the but less than $50,000 approved budget allocation Greater than $50,000 No report to Council required if within approved but less than $100,000 budget Council also approved that an information report would be brought forward containing details of the award of contracts including amendments and renewals. The detailed report of the award of contracts is attached as Appendix A. RECOMMENDATION: THAT the Quarterly Information Report - Contract Awards, January 1, 2014 to March 31, 2014May 23, 2014 be received and filed. All of which is Respectfully Submitted Approved for Submission Mike Hoogstra Mark G. McDonald Purchasing Coordinator Chief Administrative Officer Jim Bundschuh Director of Financial Services 76 APPENDIX A Purchases/Projects greater than $15,000 January 1, 2014 to March 31, 2014 DepartmentBudget ProjectSupplier/VendorBid Price Allocation(HST extra) Homes & Senior Operating Yearly Service Agreement Arjohuntleigh $17,350.70 Services (Terrace Lodge) Homes & Senior Operating Yearly Service Agreement Arjohuntleigh $15,334.10 Services (Elgin Manor) Homes & Senior Capital Rhapsody Whirlpool Tub Arjohuntleigh $31,278.79 Services (Elgin Manor) Engineering Operating 911 Primary Public Safety Northern $43,925.39 Answering - Communications Contract Renewal / Extension Engineering Capital Engineering Design for Delcan $26,700.00 Traffic Signals (Colborne and Bridge Port Stanley) Engineering Capital Supply of Pressure Treated Springfield Tim-$36,158.70 Posts BR Mart Engineering Capital Supply of Regulatory and Owl Lite $44,141.54 Warning Roadway Signs Economic Operating 2014 Elgin County Visitor Sportswood $18,469.85 Development Guides Printing and Tourism Information Capital Hardware Replacement Insight Canada $27,347.84 Technology 77 REPORT TO COUNTY COUNCIL FROM: Jim Bundschuh Director of Financial Services DATE: April 16, 2014 SUBJECT: Central Elgin Municipal Non-Profit Housing Corporation Tax Reduction INTRODUCTION: The Municipality of Central Elgin 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. Central Elgin has passed by-law 1739 allowing for the reduction in tax ratio for the Bel Park affordable housing project and has requested that the County also reduce the ratio on this property. Using 2014 County tax rates, the revised tax ratio represents a savings to the Central Elgin Municipal Non-Profit Housing Corporation project of $7,587 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 in the past in Aylmer, Dutton and Central Elgin. The reduction of the tax ratio on this property will assist in keeping rents reasonable by reducing the annual operations expenditures. 78 RECOMMENDATION: THAT Council approve a tax ratio of one (1) for the Bel Park project (203 Union Street in Belmont, Municipality of Central Elgin); 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 Municipality of Central Elgin 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 79 REPORT TO COUNTY COUNCIL FROM: Jim Bundschuh Director of Financial Services DATE: May 30, 2014 SUBJECT: Federal Gas Tax INTRODUCTION: In 2013 the County received $1,510,468 in Federal Gas Tax funding. In 2014, the funding distribution between provinces and municipalities was modified to factor in relative population growth. This resulted in a $75,554 reduction down to $1,434,914 in announcement from AMO will provide a further $40,355 in funding, thereby reducing the year-over-year loss down to $35,199. DISCUSSION: AMO delivers the federal Gas Tax Fund to 443 Ontario municipalities. A small portion of the Fund is set aside to fulfil their role as Fund Administrator and cover their costs. Through efficient and innovate delivery model, their costs are less than expected. As a result, AMO is distributing the unused administrative funds back to municipalities to invest in infrastructure. Payments are being made on a per capita basis using populations from the 2006 Census and funds are subject to the terms and conditions of the federal Gas Tax Fund. As a result, the County of Elgin will receive $40,355 in surplus administrative funds in 2014. These funds are in addition to the regular Federal Gas Tax Fund payment and will provide favourable performance to budget. RECOMMENDATION: THAT 2014 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 80 CORRESPONDENCE June 10, 2014 Items for Consideration (Attached) 1. permission to recover penalty costs from customers obligations of its contract to Union Gas Ltd. from: a) Nancie J. Irving, Clerk, Town of Aylmer b) M. Casavecchia-Somers, Chief Administrative Officer/Clerk, Township of Malahide (circulated at meeting). 2. John Bolognone, City Clerk, City of Kingston with a resolution regarding the prohibition of all Corporate and Union donations in Toronto Municipal Elections. 81 82 83 84 85 86 87 88 1. Port Stanley Library with an invitation to their Grand Re-opening on Tuesday, June 24, 2014 at 2:00 p.m. 2. Linda Long, Executive Director, Quad County Support Services thanking Council for grant. 3. Michael Giroux, President, Canadian Wood Council with information resources about a new wood mid-rise building construction option. 89 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 COUNTY OF ELGIN By-Law No. 14-14 -LAW TO AMEND BY-LAW NO. 10-08 BEING A BY-LAW TO AUTHORIZE THE COUNTY OF ELGIN TO ENTER INTO AN AGREEMENT WITH THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO RESPECTING THE TRANSFER OF FEDERAL GAS TAX REVENUES WHEREAS Section 11(2) of the Municipal Act, 2001, as amended, provides broad authority to the upper-tier municipality to pass by-laws for the financial management of the municipality; and, WHEREAS the Corporation of the County of Elgin did, by By-Law No. 10-08, enter into an agreement with the Association of Municipalities of Ontario (AM0) in connection with a Municipal Funding Agreement for the Transfer of Federal Gas Tax Revenues; and, WHEREAS Canada, Ontario and Ontario municipalities, represented by AMO, have amended the Canada-Ontario-AMO- Gas Tax Fund allocations to 2024; and, WHEREAS the Corporation of the County of Elgin deems it expedient to enter into an amending agreement with the Association of Municipalities of Ontario to continue the transfer of federal gas tax revenues. NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: 1. THAT the Warden and the Chief Administrative Officer are hereby authorized to sign an amending agreement, under certain terms and conditions, between the County of Elgin and the Association of Municipalities of Ontario, respecting a Municipal Funding Agreement for the Transfer of Federal Gas Tax Revenues. 2. THAT the said amending agreement be part of this by-law upon execution by all parties. 3. THAT By-Law No. 10-08 be and is hereby amended. TH READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 10DAY OF JUNE 2014. Mark G. McDonald, David Marr, Chief Administrative Officer. Warden. 107 108 109 110 111 112 113 114 115 ServiceFee residents Fee residents Fee residents are charged for are charged for are charged for serviceserviceservice April 1, 2012April 1, 2013April 1, 2014 tototo March 31, 2013March 31, 2014March 31, 2015 Includes HSTIncludes HSTIncludes HST Shampoo and Set$18.50$19.00$19.50 Shampoo, Cut and Set$30.75$31.50$32.25 LadiesHaircut only$12.25$12.75$13.25 $10.25$10.50$10.75 Shampoo, Perm and Set$48.75$50.00$51.25 Shampoo, Perm, Cut and Set$60.50$62.00$63.50 Shampoo, Colour and Set$32.75$33.75$34.75 Shampoo, Colour, Cut and Set$41.00$42.00$43.00 $11.75$12.25$12.75 LadiesCut and Dry$13.25$13.75$14.25 Bang Trim$ 3.00$ 3.00$ 3.00 Shampoo only$ 3.00$ 3.00 $ 3.00 Comb Out & Curling Iron$12.25$12.50$12.75 116 Plans of Subdivision: $4,000.00 - (deposit for appeal) $2,000.00 (returnable if no appeal) Extension to draft plan approval $ 500.00 Plans of Condominium $4,000.00 - (deposit for appeal) $2,000.00 (returnable if no appeal) - (no deposit for exemption) County Official Plan Amendment $4,000.00 Local Official Plan Amendment $1,000.00 (municipally - initiated OPA exempt) Part lot control exemption $ 500.00 117 COUNTY OF ELGIN By-Law No. 14-16 -LAW TO ADOPT OPTIONAL TOOLS FOR THE PURPOSES OF ADMINISTERING LIMITS FOR THE COMMERCIAL, INDUSTRIAL AND MULTI-RESIDENTIAL PROPERTY CLASSES WHEREAS the County of Elgin ), in accordance , with Section 329.1 of the Municipal Act, 2001S.0. 2001, c.25, as amended (hereinafter ), may modify the provisions and limits as set out in Section 329 of the Act, with respect to the calculation of taxes for municipal and school purposes payable in respect of property in the commercial, industrial and multi-residential property class; and WHEREAS the Municipality must similarly modify the provisions and limits as set out in Section 332 of the Act and WHEREAS this by-law shall only apply to properties in any of the Commercial, Industrial and Multi-Residential property classes to which Part IX of the Act applies; and WHEREAS for the purposes of this by-law the commercial classes shall be considered a single property class and the industrial classes shall be deemed to be a single property class; and WHEREAS CVA that would be levied for the taxation year, but for the application of Part IX of The Act; and purposes that shall be levied for the taxation year as a result of the application of Part IX of The Act ; and WHEREAS the Council may pass a by-law to apply any one or any combination of the following options: a) Set the annualized tax limit increase to a maximum of 10%; and/or b) Set an upper limit on annual increases at the greater of the amount ; and/or c) Establish a capping adjustment threshold of up to $250 for increasing properties, decreasing properties or both, whereby no capping/claw-back adjustments less than the threshold amount would be applied; and/or d) Exclude properties that were at CVA tax in the previous year from the capping and claw-back calculation in the current year; and/or e) Exclude properties that would move from being capped in the previous year to be clawed back in the current year or from being clawed back in the previous year to be capped in the current year as a result of the changes to the CVA tax. WHEREAS a by-law passed to adopt the provisions of Subsection 329.1 paragraphs 1 and 2 of the Act, provides that such provisions shall also apply to Section 332 of the Act and WHEREAS the Council has reviewed the provisions of Section 329.1 of the Act and hereby deems it necessary and appropriate to adopt optional tools for the purpose of administering limits for the Commercial, Industrial and Multi-Residential property classes. NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin hereby enacts as follows: 1. THAT paragraphs 1, 2, and 3, of Subsection 329.1(1) of the Act shall apply to the Commercial, Industrial and Multi-Residential property classes for 2014. 118 2 2. THAT: a) In determining the amount of taxes for municipal and school purposes for the year under Subsection 329(1) and the am Subsection 332(5), the greater of the amounts determined under paragraphs i) and ii) as set out below shall apply in determining the amount to be added under paragraph 2 of Subsection 329(1), and the increasing amount under paragraph 2 of Subsection 332(5), i) The percentage set out in Subsection 329(1) paragraph 2 and in Subsection 332(5) paragraph 2 shall be ten per cent (10%), and ii) The amount of the CVA taxes for the previous year multiplied by five per cent (5%). b)The amount of the taxes for municipal and school purposes for a property for a taxation year shall be the amount of the uncapped taxes for the property for the year if the amount of the uncapped taxes exceeds the amount of the taxes for municipal and school purposes for the property for the taxation year as determined under section 329, as modified under section 329.1 of The Act and this By-law, by two-hundred and fifty dollars ($250.00) or less. c) The amount of the taxes for municipal and school purposes for a property for a taxation year shall be the amount of the uncapped taxes for the property for the year if the amount of the taxes for municipal and school purposes for the property for the taxation year as determined under section 330, as modified under section 329.1 of The Act and this By-law exceed the uncapped taxes, by two-hundred and fifty dollars ($250.00) or less. d) Exclude properties that were at CVA tax in the previous year from the capping and claw-back calculation in the current year; e) Exclude properties that would move from being capped in the previous year to be clawed back in the current year or from being clawed back in the previous year to be capped in the current year as a result of the changes to the CVA tax. 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 10DAY OF JUNE 2014. Mark G. McDonald, David Marr, Chief Administrative Officer. Warden. 119 COUNTY OF ELGIN By-Law No. 14-17 -LAW TO ESTABLISH REVENUE NEUTRAL CLAWBACK PERCENTAGES FOR CERTAIN PROPERTY CLASSES WHEREAS Section 330(1) OF THE Municipal Act, S.O. 2001, c.25 states that the Council of a municipality other than a lower-tier municipality, may pass a by-law to establish a percentage by which tax decreases are limited for a taxation year in respect of properties in any property class subject to Part IX of the said Act in order to recover all or part of the revenues foregone as a result of the application of Section 329 of the said Act to other properties in the property class; and WHEREAS for the purposes of this by-law, the commercial classes shall be considered a single property class and the industrial classes shall be deemed to be a single property class; and WHEREAS limits to tax decreases for any class may only be established in order to recover all or part of the foregone revenue in respect of the same property class. NOW THEREFORE, the Municipal Council of the Corporation of the County of Elgin enacts as follows: 1. THAT for the taxation year 2014, the percentage determined under Section 330(1) of the Municipal Act, S.O. 2001 are as follows: Multi-residential Commercial Industrial Decrease Clawback 0.0000% 57.1865% 79.6758% Decrease Retained 100.0000% 42.8135% 20.3242% 2. THAT in accordance with the provisions of the Section 330(1) of the Municipal Act, S.O. 2001 the County is deemed to be the banker and no lower tier member municipality shall have a surplus or a shortfall as a result of the application of this By-Law, and further, if the County experiences a shortfall or excess as a result of the application of the banking function under this By-Law, any such shortfall/excess shall belong to the County. 3. THAT the intra-municipal adjustment due to the application of this by-law, with the County acting as the banker, shall be paid by the member municipalities on December th 15, 2014. th READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 10DAY OF JUNE 2014. Mark G. McDonald, David Marr, Chief Administrative Officer. Warden. 120 COUNTY OF ELGIN By-Law No. 14-18 "BEING A BY-LAW TO AUTHORIZE TAX EXEMPTION IN RESPECT OF A MUNICIPAL CAPITAL FACILITY PURSUANT TO SECTION 110 OF THE MUNICIPAL ACT" 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 Bel Park for the provision of affordable housing; and WHEREAS the Bel Park is the registered property owner of 203 Union Street, Belmont, Ontario; 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 Municipality of Central Elgin has requested the County of Elgin to apply the tax ratio of 1 to the Bel Park 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 Bel Park project, 203 Union Street, Belmont, Ontario. 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 10 DAY OF JUNE 2014. Mark G. McDonald, David Marr, Chief Administrative Officer. Warden. 121 ADDENDUM FOR TUESDAY, JUNE 10, 2014 9:00 A.M. 1. Additional report from Director of Engineering Services titled Edison Drive Bridge Old Mill Line Extension (attached) 122 REPORT TO COUNTY COUNCIL FROM: Clayton Watters, Director of Engineering Services DATE: June 6, 2014 SUBJECT: Edison Drive Bridge Old Mill Line Extension INTRODUCTION: The 107 year old bridge on Edison Drive in Vienna is owned by the County of Elgin and restricts access for large vehicles to properties it serves on the other side of the Big Otter Creek. The Warden and senior county staff have met with representatives from the Municipality of Bayham to agree upon a solution to the satisfaction of all parties. This report shall request support for the resolution passed by the Municipality of Bayham has also requested that the County act as their constructor to build their new road which is owned by Bayham. DISCUSSION: A report presented to County Council at the April 22, 2014 meeting to consider options for the Edison Drive Bridge was deferred by Council until the Warden and County staff could meet with representatives from Bayham. A meeting was held on May 14, 2014 where options were contemplated and a solution was decided upon. Generally, the most cost effective long term solution to provide access to properties on the north side of the Big Otter Creek is to extend Old Mill Line approximately 500 metres westerly. This road would not restrict emergency vehicles or farm machinery and would permit the county to remove the aging Edison Drive Bridge; removing this liability from the road was constructed. Old Mill Line will remain the under the jurisdiction of the Municipality of Bayham. The estimated cost to extend Old Mill Line to the north side of the Edison Drive Bridge is approximately $500,000 and can be accommodated in the 2014 Capital Budget by re- allocating funds originally intended for the resurfacing of Plank Road ($540,000). The deferred Plank Road resurfacing will be included in the 2015 Capital Budget. The Municipality of Bayham has also requested that the County act as their constructor and build the road extension. In order to implement this project, a Municipal Class EA must be completed. It is anticipated that this planning process could be completed in 2014 if it were immediately initiated. Following completion of the EA, Legal Surveying and Engineering Services for the road design could be procured over the winter months. It would also be advantageous to clear and grub the old road corridor before March 2015. The road construction could begin as soon as June 2015 and be completed by September 2015. A separate EA process for the removal of the Edison Drive Bridge could be initiated by the County at any time after the new road was constructed. 123 CONCLUSION: The aging Edison Drive Bridge in Vienna does restrict access to properties on the north side of the Big Otter Creek. County Council directed the Warden and staff to meet with representatives from the Municipality to devise a solution that would satisfy all parties. It was agreed that the lowest cost, long term solution would be to extend Old Mill Line to serve these properties. The Municipality of Bayham has requested that the County of Elgin implement this solution on its behalf using funds originally allocated for resurfacing of Plank Road in 2014. This deferred resurfacing project would then be included in the 2015 Capital Budget. RECOMMENDATION: THAT the County of Elgin supports the attached resolution from the Municipality of Bayham to extend Old Mill Line as a solution to address access restrictions caused by the Edison Drive Bridge; and, THAT $540,000 allocated in the 2014 Capital Budget for Plank Road Resurfacing (6220- 14-04) be re-allocated for the Old Mill Line Extension Project; and, THAT staff be directed and authorized to construct the Old Mill Line extension on behalf of, and as requested by, the Municipality of Bayham. All of which is Respectfully Submitted, Approved for Submission, Clayton Watters Mark G. McDonald Director of Engineering Services Chief Administrative Officer 124 125 126