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October 27, 2015 County Council Agenda Package//1010 Elgin @ Q at_t 11 ,,, ,i ORDERS OF THE DAY FOR TUESDAY, October 27, 2015 - 9:00 A.M. ORDER 1 st Meeting Called to Order 2nd Adoption of Minutes — September 22, 2015 3rd Disclosure of Pecuniary Interest and the General Nature Thereof 4th Presenting Petitions, Presentations and Delegations 5th Motion to Move Into "Committee Of The Whole Council" 6th Reports of Council, Outside Boards and Staff 7th Council Correspondence 12th IiRR1 14th NOTICE: Motion to Adopt Recommendations from the Committee Of The Whole Consideration of By -Laws ADJOURNMENT LUNCH WILL BE PROVIDED Deputy Warden for October Deputy Warden for November November 24, 2015 November 27, 2015 December 8, 2015 December 10, 2015 December 11, 2015 1 Councillor Wolfe Councillor McWilliam County Council Meeting 2015 Warden's Dinner — Vienna Community Centre Warden's Election — 7:00 p.m. County Council Meeting County of Elgin Christmas Party 5:00 p.m. — 10:00 p.m. (CASO Station) 1) Items for Consideration (none) 2) Items for Information (Consent Agenda) 8th OTHER BUSINESS 1) Statements/Inquiries by Members 2) Notice of Motion 3) Matters of Urgency 9th Closed Meeting Items 10th Recess 11 th Motion to Rise and Report 12th IiRR1 14th NOTICE: Motion to Adopt Recommendations from the Committee Of The Whole Consideration of By -Laws ADJOURNMENT LUNCH WILL BE PROVIDED Deputy Warden for October Deputy Warden for November November 24, 2015 November 27, 2015 December 8, 2015 December 10, 2015 December 11, 2015 1 Councillor Wolfe Councillor McWilliam County Council Meeting 2015 Warden's Dinner — Vienna Community Centre Warden's Election — 7:00 p.m. County Council Meeting County of Elgin Christmas Party 5:00 p.m. — 10:00 p.m. (CASO Station) Draft COUNTY COUNCIL MINUTES Tuesday, September 22, 2015 The Elgin County Council met this day at the Administration Building at 9:00 a.m. with all members present. Warden Ens in the Chair. ADOPTION OF MINUTES Moved by Councillor Currie Seconded by Councillor Jones THAT the minutes of the meeting held on September 8, 2015 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — None. DELEGATION Leasing of County Library Space Mr. Jack Couckuyt made a verbal presentation in regards to leasing versus owning additional space for the Aylmer branch of the Elgin County Library. He urged Council to think long-term, to envision a building to be proud of and the benefits of ownership. Moved by Councillor Marr Seconded by Councillor Mennill THAT the verbal presentation titled "Leasing of County Library Space" from Mr. Jack Couckuyt be received and filed. - Carried. Moved by Councillor Wiehle Seconded by Councillor Wolfe THAT we do now move into Committee Of The Whole Council. - Carried. REPORTS St. Thomas Elgin General Hospital — Councillor Marten Councillor Martyn presented an update about the activities of the St. Thomas Elgin General Hospital including the Great Expansion Project, the integrated stroke care model, and the `Lean' Journey. Moved by Councillor Currie Seconded by Councillor Wolfe THAT the report titled "St. Thomas Elgin General Hospital" from Councillor Martyn, dated September 4, 2015 be received and filed. - Carried. 2015/2016 Events Calendar — Senior Financial Analyst and Elgin County United Way Special Events Cte. Chair The committee chair presented the report seeking approval of United Way fundraising events scheduled for 2015/2016. 2 County Council 2 Moved by Councillor Wiehle Seconded by Councillor McWilliam September 22, 2015 THAT Council support the Elgin County United Way and Special Events Committee's 2015/2016 planned activities as outlined in this report. - Carried. Approval for Official Plan Amendment No. 12, File No. MA-OPA12-15, Calvin and Marie Jantzi (Old Order Mennonite Cemetery) — Manager of Planning The manager presented Council with the information required to consider granting approval to Official Plan Amendment No. 12, File No. MA-OPA12-15. Moved by Councillor Mennill Seconded by Councillor Wolfe THAT the Council of the Corporation of the County of Elgin gives approval, with modifications, to Official Plan Amendment No.12 to the Township of Malahide Official Plan, File No. MA-OPA12-15; and, THAT staff be directed to provide notice of this decision in accordance with the Planning Act. - Carried. Town of Aylmer Library Leasing Request - Items for Consideration — Director of Community and Cultural Services The director presented the report seeking Council's direction regarding a request for input from the Town of Aylmer in regards to the town leasing space to facilitate a library expansion. Moved by Councillor Mennill Seconded by Councillor Marr THAT County Council's position is for a one -site solution to meet the future space needs of the Aylmer Library; and, THAT the Library Construction Policy be amended to allow for interest-free loans to leased facilities in addition to those owned by the municipality, providing that the loan is between the County and the municipality. - Carried. Council recessed at 10:08 a.m. reconvened at 10:22 a.m. Following the previous vote on the Aylmer Library, a member of Council sought confirmation on the meaning and intent of the duly passed motion. In keeping with the spirit of article 7.16 of the County's Procedural By-law, the Warden may, at any time when a vote taken by a show of hands is unclear as to outcome, request another vote. By show of hands, the majority confirmed the outcome of the original motion. Changes to Library Youth Worker Program — Manager of Programs and Community Development The manager presented the report informing Council that the Community Access Sites — Youth Initiative Program has been suspended and replaced with the Youth Internship Program (YIP). The report also outlined to Council the objectives of this new program. Moved by Councillor Wolfe Seconded by Councillor Jones THAT the Warden and Chief Administrative Officer be authorized to enter into a funding agreement with Industry Canada through the Ontario Library Association in the amount of $58,842 in 2015/16 under the Youth Internship Program with necessary revisions made to the associated project in the Elgin County Library's 2015 operating budget; and, 3 County Council 3 September 22, 2015 THAT staff be authorized to apply and accept funding in 2016 and beyond from the Youth Internship Program subject to annual reports to County Council; and, THAT the Warden on behalf of Council issue of letter of appreciation to the Federal Minister of Industry and related agencies for this investment. - Carried. Belmont Library Renovations Update — Director of Community and Cultural Services The director presented the report updating Council on the progress of renovations at the Belmont Library. Moved by Councillor Marr Seconded by Councillor Martyn THAT the report titled "Belmont Library Renovations Update" from the Director of Community and Cultural Services, dated September 10, 2015 be received and filed. - Carried. Elgin Manor Convection Steamer Replacement — Director of Homes and Seniors Services The director presented the report recommending that Council approve the replacement of the convection steamer at Elgin Manor. Moved by Councillor Martyn Seconded by Councillor Currie THAT $25,000 be reallocated from Terrace Lodge Smoke Doors project #45021550 to newly created project #41011551 Elgin Manor Convection Steamer; and, THAT staff be authorized to purchase a replacement convection steamer for Elgin Manor as per the County's procurement policy. - Carried. Terrace Lodge Redevelopment - Building Committee — Director of Homes and Seniors Services The director presented the report recommending that Council identify representatives to serve on the Terrace Lodge Redevelopment Building Committee. Moved by Councillor Mennill Seconded by Councillor Wiehle THAT the Warden and Councillors Currie, Mennill and Wolfe serve as Council representatives on the Terrace Lodge Redevelopment Building Committee; and, THAT Council activate the Terrace Lodge Redevelopment Building Committee pending formal approval of funding from the Ministry of Health and Long -Term Care. - Carried. 2014 Audited Consolidated Financial Statements — Director of Financial Services The director presented Council with the 2014 Audited Consolidated Financial Statements. Moved by Councillor Marr Seconded by Councillor Jones THAT the 2014 Audited Consolidated Financial Statements be approved for publication. - Carried. 12 County Council 4 September 22, 2015 Service Recognition Certificate — Director of Human Resources The director presented the report recommending that Council approve changes to the service recognition certificate. Moved by Councillor Jones Seconded by Councillor Wolfe THAT County Council approve the report titled "Service Recognition Certificate" from the Director of Human Resources dated September 9, 2015 and that the proposed certificate be adopted for the 2015 service awards. - Carried. CORRESPONDENCE Items for Consideration Randy Hope, Chair Western Ontario Wardens' Caucus (WOWC) and Mayor of Chatham - Kent seeking endorsement of the briefing note prepared by WOWC titled "Moving Ontario Forward Consultation Infrastructure Needs — The Southwestern Ontario Perspective". 2. Gary McNamara, President, Association of Municipalities of Ontario (AMO) seeking County donation to aid in the international effort to resettle the Syrian refugees in safe countries. The following recommendation was adopted in regard to Correspondence Item #1: Moved by Councillor Marr Seconded by Councillor Wiehle THAT Correspondence Item #1 be received and filed. - Carried. The following recommendation was adopted in regard to Correspondence Item #2: Moved by Councillor Wolfe Seconded by Councillor Currie THAT Correspondence Item #2 be received and filed. - Carried. Items for Information (Consent Agenda) Chris Ripley, Manager, Regulatory Applications, Union Gas Limited with Expansion of Natural Gas Distribution information as well as corresponding Ontario Energy Board notices. 2. Andrew Powell, Manager, Health Protection Programs, Environmental Health and Tobacco Enforcement with information re: Municipal Confinement of Dogs and Cats in Elgin County Under the Communicable Disease Regulation. 3. Antoni Wisniowski, President and Chief Administrative Officer, Municipal Property Assessment Corporation (MPAC) announcing Carla Nell as the new Vice -President of Municipal and Stakeholder Relations at MPAC. Moved by Councillor Mennill Seconded by Councillor Marr THAT Correspondence Items #1 — 3 be received and filed. - Carried. 5 County Council 5 September 22, 2015 OTHER BUSINESS Statements/Inquiries by Members Councillor Wiehle announced that he is going to let his name stand for Warden this December and would be honoured to have Council's support. The Marketing and Communications Coordinator informed Council that staff at the Ministry of Transportation has contacted the County staff requesting a meeting regarding the Glanworth Drive overpass. Councillor Jones noted that neither Southwold nor Central Elgin has been contacted by the Ministry to date. The Warden mentioned the Chief Administrative Officer was recently a keynote speaker at a conference in Eastern Ontario and congratulated him for this honour. Councillor Mennill added that he had found the Chief Administrative Officer's presentation to be very informative and passed along speaking notes to senior staff at the Township of Malahide. Councillor Martyn commended the Warden for attending all the locations of Doors Open Sparta Port Stanley on September 19. The Warden mentioned that he was particularly interested to learn about the Trout Farm and the Chestnut Research Station. Councillor Jones wanted to thank the Warden for attending the Southwold Council meeting. The Warden is making an effort to attend Council at each partner municipality before his term is finished. Notice of Motion — None. Matters of Urgency — None. Closed Meeting Item Moved by Councillor Mennill Seconded by Councillor Currie THAT we do now proceed into closed meeting session in accordance with the Municipal Act to discuss matters under Section 240.2 (b); two items: personal matters about an identifiable individual, including municipal or local board employees — Terrace Lodge Redevelopment & Succession Planning. - Carried. Moved by Councillor Martyn Seconded by Councillor Currie THAT we do now rise and report. - Carried. Moved by Councillor Marr Seconded by Councillor Mennill THAT the staff be directed to second a current staff member to the temporary position of Project Manager for the construction of Terrace Lodge; and, THAT the confidential report be approved. - Carried. A general discussion took place regarding succession planning particularly for the Chief Administrative Officer position. 9 County Council 6 September 22, 2015 Motion to Adopt Recommendations of the Committee of the Whole Moved by Councillor Wiehle Seconded by Councillor Jones THAT we do now adopt recommendations of the Committee Of The Whole. - Carried. BY-LAW Moved by Councillor Wolfe Seconded by Councillor Jones THAT By -Law No. 15-24 "Being a By -Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the September 22, 2015 Meeting" be read a first, second and third time and finally passed. - Carried. ADJOURNMENT Moved by Councillor Currie Seconded by Councillor Mennill THAT we do now adjourn at 11:55 a.m. and meet again on October 27, 2015 at the County Administration Building Council Chambers at 9:00 a.m. Mark McDonald, Chief Administrative Officer. 7 - Carried. Paul Ens, Warden. REPORTS OF COUNCIL AND STAFF October 27, 2015 Council Reports —(ATTACHED) Councilor Cameron McWilliam — Update on Health Recruitment Partnership Staff Reports —(ATTACHED) Senior Financial Analyst — Procurement of Natural Gas Update Provincial Offences Supervisor — Provincial Offences Act (POA) Facilities Director of Financial Services — September Budget Performance Library Coordinator — Elimination of Provincial Subsidy for Library Database Director of Community and Cultural Services — Elgin County Student Day Director of Community and Cultural Services — Canada 150 Fund Application Accessibility Coordinator — Accessibility Compliance Reporting for 2015 Accessibility Coordinator — Multi -Year Accessibility Plan 2015 — 2020 Director of Engineering Services — Bridge Weight By -Law Director of Engineering Services — Flag Half-Masting Protocol Policy Director of Engineering Services — Award of Tender — Winter Maintenance Services Director of Engineering Services — Emergency Response Vehicle Replacement Deputy Director of Engineering Services — Reduced Speed Zones Deputy Director of Engineering Services — East Road Resurfacing — Project Deferral Deputy Director of Engineering Services — Canadian Army — Communication Exercise Deputy Director of Engineering Services — Road User Agreement — Tribute Resources Inc. Deputy Director of Engineering Services — Road User Agreement — Rowe Energy Corp. Deputy Director of Engineering Services — Edison Drive Access Road — EA Update Manager of Planning — Withdrawal of Approval for a Plan of Subdivision 1370934 Ontario Inc. (Mark Wales) Manager of Planning — Draft Approval for a Plan of Subdivision Owner: 1873828 Ontario Ltd. (Dave Sparenberg) Manager of Planning —Approval for Official Plan Amendment (Township of Malahide) Marketing and Communications Coordinator — Renewal of Franchise Agreement with Natural Gas Limited (NRG) Marketing and Communications Coordinator— 2015 International Economic Development Council Award Director of Homes and Seniors Services — YWCA Agreement Renewal Director of Homes and Seniors Services — Homes - Social Work Services Director of Homes and Seniors Services — homes - Documentation Consultant mu eff I " I,,j,'i REPORT TO COUNTY COUNCIL FROM: Councillor Cameron McWilliam DATE: October 15, 2015 SUBJECT: Update on Health Recruitment Partnership INTRODUCTION: Attached for Council's information are two reports from the City of St. Thomas (the City acts as the administrator for the partnership) regarding recent developments. As council is aware, the County budgets annually $57,000 towards recruitment efforts which is matched by the City. DISCUSSION: The reports outline the recruitment of one new physician as per the approved agreement and the establishment of an amount for Nurse Practitioners. CONCLUSION: The Partnership is pleased to announce the recruitment of a new family physician as well as the establishment of a new category of funding for Nurse Practitioners. RECOMMENDATION: THAT this report and the attachments be received and filed as information. All of which is Respectfully Submitted Approved for Submission Councillor Cameron McWilliam Mark G. McDonald Chief Administrative Officer 9 Report No. Corporation of the E-�7 ADM-30-15 File No. Cit of St. Thomas NIAS Date Authored: Sept. 30, 2015 Directed to: Mayor, H. Jackson and Members of City Council Meeting Date: Oct. 13, 2015 Department: Corporate Administration Attachment Prepared By: Wendell Graves, CAO/Clerk Subject: Health Recruitment Partnership Recommendation: THAT: Report ADM-30-15 relating to the recruitment of Nurse Practitioners be received for information, and further, THAT: Council authorize the use of Health Recruitment Funds for the purpose of attracting nurse practitioners to assist in the delivery of primary care for residents within the St. Thomas — Elgin County area. Background: At its meeting on August 31, 2015 the Health Recruitment Partnership discussed and considered the benefits of providing funding to support the attraction of nurse practitioners to provide primary care. In consideration of nurse practitioners the Committee discussed the fact that they could be beneficial not only in the attraction of new family physicians but also in the retention of existing physicians who were nearing retirement as the physicians manage their patient loads. Conditional upon the availability of funding, the Committee has recommended that an amount of up to $15,000 per nurse practitioner position be approved. Typically the funds are used to renovate office space and update medical equipment and records. Financial The nurse practitioner positions would be funded from within the Health Partnership's annual budget. Respectfully, Vraves,C Reviewed By: Human Treasury Env Services Planning City Clerk Resources Other Report No. Corporation of the ADM -31-15 City of St. Thomas File No. Date Authored: Sept. 30, 2015 Directed to: Mayor K. Jackson and Members of City Council Meeting Date: October 13, 2015 Department: Corporate Administration Attachment Prepared By: Wendell Graves, CAO/Clerk Subject: Health Recruitment Partnership — Dr. Jonathon Carter and Darla Carter Recommendation: THAT: Report ADM -31-15 relating to the recruitment of Dr. Jonathon Carter and Daria Carter, Nurse Practitioner, be received for information, and further, THAT: Council direct that by-laws be prepared for its consideration to enter into Health Recruitment Agreements with Dr. Jonathon Carter and Darla Carter, Nurse Practitioner Background: The Heath Recruitment Partnership is pleased to advise that a successful recruitment process has been concluded to attract Dr. Jonathon Carter as a new family physician to the City. Dr. Carter will be acquiring the practice of an existing family physician who will be retiring in 2016. Further announcements will be made in the future regarding with specifics of the actual practice Dr. Carter will be acquiring. Dr. Carter, in working with the Health Recruitment Partnership has requested recruitment funds of $33,000 in order to modernize office equipment and electronic records. This funding amount is in keeping with funding that has been provided to other physicians recruitment to the area. Additionally, in order to manage the large patient roster at the practice, Daria Cater, Nurse Practitioner, will be joining the practice providing primary care for the patients. In order to assist in the establishment of the work of Daria Carter, a request of funding in the amount of $15,000 has been made. A separate funding agreement would be entered into with Daria Carter. In consideration of these recruitment activities, the Health Recruitment Partnership Committee is pleased that these recruitment efforts will provide a very positive, continuum of patient care for a long established existing practice. It is recommended that by-laws be prepared to enter into the funding agreements with Dr. Jonathon Carter and with Daria Carter. The funds would be allocated within the 2016 budget. Respectfully, Wn G aves, C e Reviewed By: Human Treasury Env Services Planning City Clerk Resources Other erarfo0'(0JJyJ6 ;r� REPORT TO COUNTY COUNCIL FROM: Jennifer Ford, Senior Financial Analyst Jim Bundschuh, Director of Financial Services DATE: October 19, 2015 SUBJECT: Procurement of Natural Gas Update INTRODUCTION: The County of Elgin has contracted its natural gas needs in tandem with the Elgin Middlesex Oxford Purchasing (EMOP) Co-operative for many years. The Administration Building, Bobier Villa and Elgin Manor falls under one joint contract as facilities under Union Gas. The Terrace Lodge contract is a separate contract as a facility under NRG and Blackstone Energy. The Director of Financial Services and the Chief Administrative Officer have delegated authority to enter into Natural Gas agreements as they expire. The County has opted to ride the ebbs and flows of the spot market rate for the last several years in order to take advantage of the lower spot market rates. This report serves to update Council on the performance of this pricing strategy. DISCUSSION: Currently, the EMOP group is reviewing procurement options on Natural Gas. The options are to lock in at a fixed price or to ride the spot market for all or part of corporate requirements. The County takes the opportunity to review its past performance as it relates to previous procurement decisions and whether changes to these choices are required to ensure budget performance expectations for pricing are met. Historically, the overall pricing on the spot market has been cheaper than a fixed term rate. However, in the short term changes in the spot market price can fluctuate dramatically above or below the fixed price rate depending on weather factors and the law of supply and demand. In order to provide stability to the operating departments, facilities are charged an internal rate of 20 cents per cubic meter for natural gas which would have been the locked in contract amount had the County chosen that option. During the period from January 2010 to December 2014, rates were as high as 22 cents per cubic meter for approximately 6 months. All other months were below or close to the 20 cent mark and helped to offset the highs that were experienced. The departmental chargeback is based on individual facility consumption during each calendar month. Any positive or negative performance related to market rates is then booked to the Corporate Services Department. The following information is a summary of the average per cubic meter savings experienced during the five year period: 12 Year Average Base Savings per price per price cubic meter cubic meter 2014 $ 0.19 0.20 $ 0.01 2013 $ 0.12 0.20 $ 0.08 2012 $ 0.10 0.20 $ 0.10 2011 $ 0.14 0.20 $ 0.06 2010 1 $ 0.16 0.20 $ 0.04 Average Annual Savings $ 0.06 Average Annual Consumption 464,521 Average Annual Savings $ 27,445.50 Under the current scenario, the County has enjoyed on average a yearly price savings of approximately $27,000 per year. The Local Authority Services (LAS) is presently offering a fixed contract price for Natural Gas at 17 cents per cubic meter. By resetting the internal price to 17 cents per cubic meter from 20 cents per cubic meter, the County would be able to lower the expected cost to the overall budget by $14,000 or 0.05% of the levy. Staff expect the daily average spot market rate to continue to provide the best price option for the County. Performance related to fluctuations to the spot market rate will be carried in the Corporate Services Department. Departmental budgets will be reset to the new fixed rate of 17 cents per cubic meter base price. Performance related to facility consumption will be carried within the departmental budgets. CONCLUSION: The County has enjoyed an annual cost savings of $27,000 by opting into the spot market rates for Natural Gas procurement. By setting a new internal rate to match the current fixed rate, the County is able to lower the overall budget by $14,000 or 0.05% of the levy. RECOMMENDATION: THAT the County of Elgin continue to purchase natural gas at the daily average spot market rate for the next three years. All of which is Respectfully Submitted Jennifer Ford Senior Financial Analyst Jim Bundschuh Director of Financial Services 13 Approved for Submission Mark G. McDonald Chief Administrative Officer ry m urrn lef, I"I REPORT TO COUNTY COUNCIL FROM: Leesa Shanley — Provincial Offences Supervisor DATE: October 13, 2015 SUBJECT: Provincial Offences Act (POA) Facilities INTRODUCTION: On September 22, 2015 staff met with the Manager of Court Operations at the Elgin Consolidated Courthouse to outline POA needs. DISCUSSION: As a result of a recommendation made from the Confidential Report to County Council titled "Provincial Offences Act (POA)" dated January 13, 2015 a letter was sent to Jeff Yurek on February 3, 2015 to seek assistance with obtaining a meeting with the Minister to discuss space at 4 Wellington Street, for Provincial Offences. On May 14, 2015 the County received a response from the Minister advising they would be considering our request to meet and would follow up at a later date. On September 22, 2015 staff met with the Manager of Court Operations for the Elgin Consolidated Courthouse located at 4 Wellington to outline what our needs would be at the Elgin Consolidated Courthouse. The sole purpose for this meeting was to gather information for reporting back to the Assistant Deputy Attorney General. It was stressed at the commencement of the meeting that the meeting itself should not be taken as an indication of confirmation of the request, it was simply to gather information on POA requirements for their reporting requirements. CONCLUSION: Although the County still does not have an answer to the request to meet with the Minister, it is encouraging to know that progress in consideration is being made. RECOMMENDATIONS: THAT a copy of the report titled "Provincial Offences Act (POA)" dated October 13, 2015 be forwarded to MPP Jeff Yurek's office; and, THAT a letter of appreciation for ongoing consideration be sent to the Minister's office; and, THAT the report titled "Provincial Offences Act (POA)" dated October 13, 2015 be received and filed. All of which is Respectfully Submitted Jim Bundschuh Director of Financial Services Leesa Shanley Supervisor Provincial Offences Administratrr* Approved for Submission Mark G. McDonald Chief Administrative Officer m urrn lef, ,Ir ,, r?` i P1 ,1, *M.,0 �Y, xy;,tiR REPORT TO COUNTY COUNCIL FROM: Jim Bundschuh — Director of Financial Services DATE: October 15, 2015 SUBJECT: September Budget Performance INTRODUCTION: Attached is the budget comparison showing over $700,000 favourable performance for September 2015 year-to-date (YTD). DISCUSSION: Highlights of the September YTD budget performance as shown on the attachment are as follows: Line 16 — Corporate Services: $88,000 favourable performance in legal costs. Line 17 — Engineering Services: $85,000 favourable performance predominately due to moving permits. Line 18 — Homes for Seniors Services: $250,000 favourable performance predominately due to wages and benefits. Line 25 — Economic Development: $64,000 favourable performance spread across fees, wages and spending. RECOMMENDATION: THAT the report titled "September Budget Performance" dated October 15, 2015 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 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 County of Elgin YTD Current Month Actual Perform. Actual Perform. Income Statement As of September 30, 2015 Revenue Expenses Net Net Revenue Expenses Net Net Total Total TAXES (22,117,160) 209,626 (21,907,534) (0) (7,373,509) - (7,373,509) - INTEREST CHARGES & INCOME (47,354) - (47,354) (19,048) (6,116) - (6,116) (2,217) SOCIAL SERVICES - ST. THOMAS - - - - - - - - HEALTH UNIT - 727,444 727,444 1 - 80,827 80,827 - GRANTS - 310,489 310,489 - - - - - RENTAL INCOME (179,829) 136,212 (43,617) - (19,981) - (19,981) - PROPERTYASSESSMENT - 726,009 726,009 (0) - 181,502 181,502 (0) ONTARIO MUNICIPAL PARTNERSHIP FU (903,225) - (903,225) 450 - - - - PROJECTS - 137,791 137,791 22,521 - 7,481 7,481 22,519 - - - 0 - - - 0 Total Corporate (23,247,569) 2,247,571 (20,999,997) 3,924 (7,399,606) 269,810 (7,129,796) 20,302 WARDEN AND COUNCIL - 253,162 253,162 30,599 - 24,989 24,989 2,841 ADMINISTRATIVE SERVICES (1,363) 309,008 307,646 11,896 (200) 42,292 42,092 841 FINANCIAL SERVICES - 421,090 421,090 12,795 - 62,232 62,232 2,043 HUMAN RESOURCES (32,772) 404,610 371,838 4,519 (9,500) 58,802 49,302 53 ADMINISTRATION BUILDING 287,295 589,584 302,289 15,817 17,093 65,136 48,043 391 CORPORATE SERVICES (345) 535,818 535,473 88,226 (184) 17,164 16,980 13,484 ENGINEERING SERVICES (2,554,076) 10,845,539 8,291,463 142,826 (82,072) 301,317 219,245 46,698 HOMES FOR SENIORS SERVICES (13,161,811) 16,808,103 3,646,291 250,643 (1,409,891) 2,286,869 876,978 21,792 MUSEUM/ARCHIVES (47,165) 338,181 291,017 19,253 (28,887) 39,559 10,672 7,691 LIBRARY SERVICES 82,398 2,069,744 1,987,345 11,986 (3,608) 277,900 274,293 4,147 INFORMATION TECHNOLOGIES (37,952) 666,705 628,753 25,557 (4,848) 60,803 55,955 5,167 PROVINCIAL OFFENSES (1,078,463) 1,027,469 (50,994) 560 (152,535) 248,105 95,569 4,727 COLLECTIONS - POA (421,052) 407,367 (13,685) 1,283 (41,066) 10,523 (30,543) (2,220) AMBULANCE & EMERGENCY SERVICES (4,860,113) 7,206,737 2,346,623 21,769 (553,403) 762,381 208,978 4,748 ECONOMIC DEVELOPMENT & TOURISM (155,077) 892,194 737,117 63,918 - 80,161 80,161 12,732 Total Departmental (22,719,882) 42,775,310 20,055,428 701,647 (2,303,287) 4,338,233 2,034,946 125,134 Total (45,967,451) 45,022,881 (944,569) 705,571 (9,702,893) 4,608,043 (5,094,850) 145,436 J:\Common\Finance\Monthly Performance\Financial Services\Summary Report 1r: 15/10/2015 7:45 AM E�, REPORT TO COUNTY COUNCIL FROM: Laura Molnar, Library Coordinator Brian Masschaele, Director of Community and Cultural Services DATE: October 20, 2015 SUBJECT: Elimination of Provincial Subsidy for Library Databases INTRODUCTION: The Southern Ontario Library Services (SOLS) issued a notice in June 2015 to all public libraries in Ontario stating that the province will be eliminating its annual subsidy for on- line library databases effective January 1 st, 2016. Since that time, staff have been analysing the full impact of this decision while also formulating a plan to continue certain on-line resources within the library's proposed operating budget for 2016 and beyond. This report informs Council of the impact of the subsidy loss and the choices staff are making as a result. DISCUSSION: The Province of Ontario has provided an annual subsidy to public libraries in Ontario for popular on-line databases since 2012. A total of 16 databases, called "Tier 1" resources by SOLS, have been fully subsidized by the province and include some of the most popular offerings that Elgin County Library has available, including Ancestry.ca and Novelist. Staff confirm that the total value of this provincial subsidy to Elgin County Library's budget is at least $22,180 annually based on costs that would have been experienced in 2016, slightly higher than the initial estimate of $20,000 previously reported to Council. The availability of this subsidy has made it possible for the library to purchase other popular products such as a -books and e -magazines without impacting the existing budget. Council was provided a background report on this matter at the May 12, 2015 meeting at which the following recommendation was passed: "THAT the Warden on behalf of Council issue a letter of support to the Minister of Tourism, Culture and Sport with copies to the Minister of Finance and the Southern Ontario Library Service to ensure on-going funding for provincially supported on-line resources of the Elgin County Library in light of their usage and value to the public." Unfortunately, Council's pro -active efforts to preserve this funding have proven unsuccessful as the attached message confirms. Effective January 1, 2016, the province has communicated to SOLS that it will no longer provide a subsidy for Tier 1 resources. As a result, libraries will now have to make difficult choices regarding which Tier 1 resources to continue within existing budgets. For Council's information, Elgin County Library's total annual budget for e -resources amount to $36,600 in 2015 and supports popular products such as OverDrive e -book service and Zinio magazines. 17 After reviewing recent usage numbers and patron feedback for all on-line library databases, and based on recommendations of the library's Collection Development Team, staff will be proceeding with renewals of those on-line resources that have proven to be the most popular among patrons within the confines of the existing operating budget of $36,600. These resources include Novelist, Ancestry Library Edition, Zinio magazines and Overdrive e -book service. In addition, staff are recommending that the renewal of a select group of on-line resources be referred to 2016 budget deliberations to partially mitigate the $22,180 loss of annual provincial subsidy. An increase of approximately $6,000 will likely be required in the 2016 budget to continue certain popular resources such as National Geographic and TumbleBooks. With or without a budget increase in 2016, some on-line resources such as Career Cruising will unfortunately have to be discontinued effective January 1, 2016 due to cost considerations relative to overall usage. CONCLUSION: The complete listing of renewed on-line resources for 2016 and beyond will be listed on the library's website. Library staff will communicate changes to on-line resources to patrons through all available channels and will be available to answer any questions or concerns that may arise. Patrons can be assured that, despite the elimination of the provincial subsidy, Elgin County Library will continue to offer patrons a wide array of popular databases, electronic resources and materials to serve a wide variety of interests. RECOMMENDATIONS: THAT renewal of certain on-line library databases to mitigate the elimination of a provincial subsidy be referred to the 2016 budget process; and, THAT the report titled "Elimination of Provincial Subsidy for Library Databases" dated October 20, 2015 be received and filed. All of which is Respectfully Submitted Laura Molnar Library Coordinator Approved for Submission Mark G. McDonald Chief Administrative Officer Brian Masschaele Director of Community and Cultural Services im From: solsceos-l-bounces@Iists.libra ry.on.ca on behalf of Barbara Franchetto <bfranchetto@sols.org> Sent: June -05-15 3:54 PM To: solsceos-I@lists.library.on.ca Cc: Leanne Clendening; Baksh, Saudia (MTCS); Consultant; Karen Reid Subject: [SOLSCEOS-L] E -resources funding Attachments: ATT00001.txt We have been informed by the Ministry that provincial funding for e -resources will no longer be available to public libraries effective January 1, 2016. All current Tier 1 vendor agreements will end on December 31St, 2015. In a meeting with senior Ministry staff, including Kevin Finnerty, the ADM at MTCS, he made it very clear that the overall government focus over the next couple of years is eliminating the deficit. Tough decisions had to be made, and the Minister and staff did their best to protect public libraries and the OLSs. While the Ministry will no longer fund e -resources through a dedicated grant, they have expanded the eligibility criteria for expenses in the OLCF-ITS grant to include e -resources. In the Ministry's latest announcement regarding the 2015-16 Ontario Libraries Capacity Fund (OLCF)-ITS Grant, please note the following: Additional information: ® All purchases must be cost-effective, whether sourced locally, through association or consortia purchasing arrangements or Ontario Library Service agency purchasing consortia and discounts. Therefore, rest assured that SOLS will continue to negotiate for cost effective provincial agreements with digital content providers on behalf of public libraries across the province. We have already met with an e -resources focus group to gather ideas, and will be sending out a survey to all public libraries shortly. It will be critical for all libraries to respond promptly and to think about the kind of content you want to provide to your patrons over the next few years. Thank you all for your attention and understanding. Please make sure you forward this information to staff working with e -resources in your library. Have a great weekend, Barbara Barbara Franchetto, B.A., M.L.S. Chief Executive Officer Southern Ontario Library Service 11.1 Peter St., Suite 902 416.961.1669 ext, 51.04 800.357.5765 bfranchett CLsols.car +n!m .so .o.or 19 VUo Eigni REPORT TO COUNTY COUNCIL FROM: Brian Masschaele, Director of Community and Cultural Services DATE: October 20, 2015 SUBJECT: Elgin County Council Student Day INTRODUCTION: This report seeks direction concerning Council's interest in hosting a special "Student Day" session on November 24, 2015. DISCUSSION: Elgin County Council has on occasion hosted a special "Student Day" session for students of Elgin County high schools for the purpose of enhancing student understanding of, and appreciation for, the operations of County government. Staff now seek Council's direction whether to hold such a session on November 24, 2015. A "Student Day" session may involve some of the following activities: student attendance at and observation of Council proceedings; student participation in out -of - council -session educational activities organized by staff, possibly including analysis and debate of a sample council report; and student attendance at the Council luncheon. Councillors may, at their option, invite student participants to accompany them as they conduct constituency business in their municipalities following the Council session. Individual Councillors and Directors will be responsible for recruiting/sponsoring student participants and for arranging the necessary permissions to allow their attendance and participation. CONCLUSION: Council may wish to host a special "Student Day" session on November 24, 2015. If Council wishes to proceed, staff will make the necessary arrangement to accommodate those students recruited and sponsored by Councillors and staff. RECOMMENDATION: THAT staff direction be provided for hosting "Elgin County Council Student Day". All of which is Respectfully Submitted Brian Masschaele Director of Community and Cultural Services 20 Approved for Submission Mark G. McDonald Chief Administrative Officer r�y m urrn lef, I"I REPORT TO COUNTY COUNCIL FROM: Brian Masschaele, Director of Community and Cultural Services DATE: October 14, 2015 SUBJECT: Canada 150 Fund Application INTRODUCTION: The Government of Canada through the Department of Canadian Heritage is currently seeking applications under the Canada 150 Fund to provide opportunities for Canadians to participate in activities that celebrate the 150th anniversary of Confederation. This report outlines potential projects developed by staff and seeks Council's support for a County application under this fund. DISCUSSION: The Government of Canada is seeking applications under the Canada 150 fund which will provide grants and contributions to community organizations, including municipalities, for projects that will engage Canadians in the celebration of the 150th anniversary of Confederation. Former Member of Parliament Joe Preston has to date led three meetings at the Elgin County Administration Building with local municipalities and community groups to discuss potential projects under the fund. As a result of these consultations, opportunities have emerged that could enable the County of Elgin to play a leading role in celebrations that will take place throughout 2017 pending federal funding support. Staff are proposing that the County of Elgin submit an application to the Canada 150 Fund that involves the following components: 1) Sesquicentennial farm and building recognition project — Building on the highly successful Century Farm initiative launched by Ontario Junior Farmers in 1967, the current project will provide new signage for farms that were recognized in 1967, as well as signage for those farms that have achieved century -farm status but were not recognized in 1967. The project involves seeking applications from farm owners to update recognition signage at each location with the Canada 150 logo and on-line promotion of the project with linkage to historical resources. The Elgin Federation of Agriculture has indicated that it will be an active partner in this project. Buildings that are at least 150 years old can also apply for signage recognition as a "confederation building" through the project. It is estimated that approximately 100 farms and properties will be involved in this project. 2) Heritage plaque directional signage project — This involves the replacement of directional signage for National Historic Site and Ontario heritage plaques. There are 18 such historic site plaques in the County and each of these plaques requires two directional signs which would be installed on County roads. Several plaques do not have directional signage at all. In cases where they do exist, signs have either deteriorated badly or are no longer located at a strategic location. The project also involves plotting each historic plaque on the County's cultural map 21 through GIS with linkages to the County's website for better promotion. Each directional sign will bear the Canada 150 logo. 3) Museums of Elgin County joint exhibit project —Elgin County Museum will provide curatorial assistance towards the development of a joint exhibition in 2017 at partner museum sites along a theme related to transportation in the County at the time of Confederation. 4) Elgin County Archives Confederation -era documents digitization project — Elgin County Archives will digitize Confederation -era documents, including a letter from Sir John A. Macdonald and election related material. A key part of the project will involve the development of a virtual exhibit pertaining to Elgin County's significant role in Confederation. 5) Canada 150 marketing support project — This project involves hiring a contract coordinator to play a lead role in marketing of Canada 150 events taking place in the county for up to 15 months. Also included in this project is the production of marketing materials, the development of an Elgin County Canada 150 website, a social media strategy and brochure listing all events taking place in the County in 2017. While there is no formal deadline for applications, Heritage Canada is advising that proposals be submitted as soon as possible and at least 30 weeks prior to the indicated start date of any proposed project. Ideally, applications should be submitted before the end of 2015. Initial estimates indicate the total investment required to fully develop the five projects above is approximately $200,000 (subject to change). The County will be seeking full funding from Heritage Canada for these projects. The County will also be contributing substantially to this project through in-kind contributions such as staff expertise and office space but no direct cash contributions are proposed. CONCLUSION: To date, three community roundtables have taken place hosted by former Member of Parliament Joe Preston to discuss ideas relating to celebrations for the 150th anniversary of Confederation in 2017. These roundtables have included representatives of the County of Elgin, the County's municipal partners and community groups. Many creative ideas have been expressed to celebrate this major milestone in Canadian history. Further roundtables are expected after the federal election. With Council's support, the County of Elgin has an opportunity to play a leading role in Canada 150 celebrations in partnership with multiple community organizations. RECOMMENDATION: THAT Elgin County Council hereby endorses the County of Elgin's application to the Canada 150 fund for the projects outlined in the report "Canada 150 Fund Application" dated October 14, 2015. All of which is Respectfully Submitted Approved for Submission Brian Masschaele Mark G. McDonald Director of Community and Cultural Services Chief Administrative Officer 22 r�y m urrn lef, I"�� REPORT TO COUNTY COUNCIL FROM: Jennifer Cowan, Accessibility Coordinator Rob Bryce, Director of Human Resources DATE: October 13, 2015 SUBJECT: Accessibility Compliance Reporting for 2015 INTRODUCTION: The Accessibility for Ontarians with Disabilities Act (AODA) requires organizations to file reports on accessibility standards that apply to them. The following report outlines what the County of Elgin has done to be in compliance with requirements up to December 31, 2015. Reports are required every two years. DISCUSSION: The following is a list of the questions that the County is required to answer: 1. Is your organization providing ongoing training as required under the Customer Service Standard and are you continuing to meet the Customer Service Standard and Integrated Accessibility Standards Regulation that have come into effect prior to the report? 2. Does your organization provide the required training on the IASR and the Human Rights Code as it pertains to persons with a disability? 3. Does your organization ensure that its feedback processes are accessible to persons with disabilities by providing or arranging accessible formats or communication supports upon request? 4. Does your organization have a process to provide accessible formats and communication supports for persons with disabilities in a timely manner and at no more than the cost for other persons who ask for the same information? 5. Does your organization provide its emergency procedures, plans or public safety information that it makes available to the public, in an accessible format upon request? 6. Does your organization provide individualized emergency response information for employees that require it and does it review the information in accordance with the Employment Standards? 7. Does your organization incorporate accessibility features into its procurement or acquisition of goods, services or facilities or provide an explanation if doing so if not practicable? 8. Does your organization notify its employees and the public about the availability of accommodations in the recruitment processes? 9. Does your organization provide its employees with updated information about its policies to support its employees with disabilities? 10. When requested, does your organization provide employees with disabilities information in an accessible format or with communication supports? 23 11. Does your organization develop and have in place a written process for the development of documented individualized accommodation plans for employees with disabilities? 12. Does your organization have a documented return to work process for employees who were absent due to a disability or require disability related accommodations in order to return to work? The 2015 report has been filed and the County was able to answer "yes" to each question. The attached document provides further details on how the County is meeting the requirements. Reporting is required by two individuals in the organization — one to answer the questions and one to verify that the information is accurate. Even though the County is filing a report to verify compliance, the Accessibility Directorate of Ontario may audit the County at any time to verify the information that has been provided is true. CONCLUSION: The County of Elgin is in compliance with the accessibility requirements for 2015. RECOMMENDATION: THAT the report titled "Accessibility Compliance Reporting for 2015" dated October 13, 2015 be received and filed. All of which is Respectfully Submitted Jennifer Cowan Accessibility Coordinator Rob Bryce Director of Human Resources 24 Approved for Submission Mark G. McDonald Chief Administrative Officer Accessibility Compliance Reporting - 2015 County of Elgin The Accessibility for Ontarians with Disabilities Act, 2005 requires that organizations file reports on accessibility standards that apply to them. It is an offence under the Act to provide false or misleading information in an accessibility report filed under the AODA. 1. Is your organization providing ongoing training as required under the Customer Service Standard and are you continuing to meet the Customer Service Standard and Integrated Accessibility Standards Regulation that have come into effect prior to the report? • Developed Accessible Customer Service Policy in April 2009. This policy has since been updated as a Corporate Accessibility Policy to incorporate requirements under the Integrated Accessibility Standards Regulation. HR Policy # 2.130 • Training was provided to all County staff on Accessible Customer Service in 2009 2. Does your organization provide the required training on the Integrated Accessibility Standards Requirement and the Human Rights Code as it pertains to persons with a disability? • Developed training in 2012. • Delivered IASR and Human Rights Code training to all staff in 2012. • New employees receive training when they start. 3. Does your organization ensure that its feedback processes are accessible to persons with disabilities by providing or arranging accessible formats or communication supports upon request? • Currently the public can comment on service they receive, as it pertains to accessibility. Statement on website indicating how to provide feedback. 4. Does your organization have a process to provide accessible formats and communication supports for persons with disabilities in a timely manner and at no more than the cost for other persons who ask for the same information? • Current process is for individual or staff member to contact the Accessibility Coordinator to arrange for an accessible format or communication support. 5. Does your organization provide its emergency procedures, plans or public safety information that it makes available to the public, in an accessible format upon request? • Statement on website indicating that the County's Emergency Response Plan is available in an accessible format. • Emergency Response Plan is available on the County's website in an accessible PDF. 6. Does your organization provide individualized emergency response information for employees that require it and does it review the information in accordance with the Employment Standards? 25 • Developed Workplace Emergency Response Information Policy for Employees with Disabilities — HR Policy # 2.130.1 7. Does your organization incorporate accessibility features into its procurement or acquisition of goods, services or facilities or provide an explanation if doing so if not practicable? • Updated County's Procurement policy stating "in deciding to purchase goods or services through the procurement process, County Council shall have regard to the accessibility for persons with disabilities" (Ont. Reg 191/11) • Developed resource material for staff to assist when deciding how to make accessible purchases. 8. Does your organization notify its employees and the public about the availability of accommodations in the recruitment processes? • In accordance with the Accommodations in the Workplace Policy (HR Policy 2.80.2), HR staff notify candidates of the availability of accommodations during the recruitment process. 9. Does your organization provide its employees with updated information about its policies to support its employees with disabilities? • When policies are updated, the HR department notifies staff via email of the updated policies. Hard copies of the policies are provided to staff who do not have email access. • New employees are made aware of the policies through the new employee orientation that takes place monthly. 10. When requested, does your organization provide employees with disabilities information in an accessible format or with communication supports? • Staff requiring accessible formats or communication supports are directed to contact the HR Department. 11. Does your organization develop and have in place a written process for the development of documented individualized accommodation plans for employees with disabilities? • Accommodations in the Workplace Policy— HR Policy 2.80.2 12. Does your organization have a documented return to work process for employees who were absent due to a disability or require disability related accommodations in order to return to work? • Updated Return to Work policy in January 2014. New policy is titled "Transitional Work Assignments" — HR Policy # 8.320 26 r�y m urrn lef, I"I REPORT TO COUNTY COUNCIL FROM: Jennifer Cowan, Accessibility Coordinator Rob Bryce, Director of Human Resources DATE: October 13, 2015 SUBJECT: Multi -Year Accessibility Plan 2015-2020 INTRODUCTION: The Integrated Accessibility Regulation (O. Reg 191/11) requires that municipalities develop, implement and maintain a multi-year accessibility plan. The following report outlines the updated multi-year Accessibility Plan for 2015-2020. DISCUSSION: The attached plan outlines what the County has completed to date as well as goals to be completed within the timeline of the plan. Highlights of the plan include: • Compliance reporting for 2015 • Update Staff Performance Appraisal Policy (HR Policy 4.80) • Ongoing training for new staff • Purchased hand-held magnifiers and large print keyboards for people with low vision to use in the Library Branches • Continuing to ensure web documents are accessible • Addition of "built environment" projects completed to date CONCLUSION: The attached multi-year Accessibility Plan highlights the achievements that the County has made in removing barriers and looks at goals to ensure more barriers are removed in the future. RECOMMENDATION: THAT the Elgin County Multi -Year Accessibility Plan 2015-2020 be approved. All of which is Respectfully Submitted Jennifer Cowan Accessibility Coordinator Rob Bryce Director of Human Resources 27 Approved for Submission Mark G. McDonald Chief Administrative Officer Prop,"ressive bly i ELGIN COUNTY MULTI-YEAR ACCESSIBILITY PLAN 2015-2020 m TABLE OF CONTENTS Introduction.................................................................................................................................... 3 Commitment............................................................................................................................... 3 Background................................................................................................................................. 3 Accessibility Advisory Committee............................................................................................... 3 Obligations.................................................................................................................................. 3 Monitorand Review................................................................................................................... 4 Plancoordination........................................................................................................................4 Timeline and Deliverables............................................................................................................... 5 Accessible Customer Service........................................................................................................... 6 Integrated Accessibility Regulation................................................................................................ 7 Information and Communications.................................................................................................. 8 Employment.................................................................................................................................. 10 Accessible Built Environment....................................................................................................... 11 Communication............................................................................................................................. 12 AppendixA.................................................................................................................................... 13 APPENDIXB................................................................................................................................... 16 Municipal Accessibility Work Plan — County of Elgin.................................................................... 16 ra 29 INTRODUCTION COMMITMENT The County of Elgin is committed to removing barriers that prevent people with disabilities from accessing our goods, services and facilities. This Multi -Year Accessibility Plan outlines the County's approach to ensuring that services provided will be done so in an accessible manner. The County will continue to develop inclusive workplace policies and procedures. The County endeavours to demonstrate leadership for the local municipalities and to ensure accessibility for our employees and the public we serve in our services and facilities. BACKGROUND For several years, the Joint Accessibility Advisory Committee has been removing barriers through processes outlined in the Ontarians with Disabilities Act (ODA), 2001. This process will continue, however, it will become integrated into the multi-year planning cycles. This process will combine the planning requirements of the Ontarians with Disabilities Act, 2001 and the Accessibility for Ontarians with Disabilities Act, 2005. This combined planning process will be reviewed once every five years or until the ODA, 2001 is repealed. ACCESSIBILITY ADVISORY COMMITTEE The Joint Accessibility Advisory Committee is a public committee that is comprised of people with disabilities and staff members from the County and Municipality of Central Elgin. The purpose of the committee is to provide advice to Councils on the removal and prevention of barriers. OBLIGATIONS This Multi -Year Plan is based upon requirements under the Accessibility for Ontarians with Disabilities Act (AODA).The AODA sets out the roadmap for an accessible Ontario by 2025. It contains standards in the following five areas: • Customer Service • Information and Communications • Employment • Transportation and; • Built Environment The Accessible Customer Service Standard came into effect in 2008. In 2011, under the Integrated Accessibility Regulation, the Province combined Information and Communications, 30 Employment and Transportation. In 2014, the Province added the Design of Public Spaces into the Integrated Accessibility Standard and the Ministry of Municipal Affairs and Housing has updated the Ontario Building Code to include barrier free amendments. All County projects will consider both of these regulations and attempt to exceed these requirements where possible. This plan outlines the requirements of the AODA along with projected timelines. An annual status report will be developed that will report on the previous years accomplishments. The plan will be reviewed and updated once every five years. This includes a consultation with the public. MONITOR AND REVIEW This Multi -Year Accessibility Plan will be reviewed and updated at least once every five years. An annual status report will be completed to document the progress and measures taken to implement Elgin County's strategy and meet the requirements under the AODA. PLAN COORDINATION The County's Accessibility Coordinator is responsible for the development of this plan, in consultation with the Joint Accessibility Advisory Committee. All staff have a role to play in identifying, removing and preventing barriers. Employees who are engaged and knowledgeable are able to incorporate accessibility considerations into their daily business practices. IH 31 TIMELINE AND DELIVERABLES OUTCOME • People with disabilities will receive quality goods and services in a timely manner • People with disabilities will have access to County -produced information and communications • A barrier -free recruitment process • Greater accessibility in County -owned facilities • Staff will be able to identify barriers to accessibility and actively seek solutions to prevent or remove them APPROACH • Develop policies and procedures • Incorporate accessibility into planning processes • Train staff • Engage the public in feedback • Work to remove barriers to employment • Continue to make facilities accessible and; • Ensure there is access to information and communications TIMELINES 2012-2013: • The development of policies • Developing a multi-year accessibility plan • Purchasing requirements • Emergency and public safety information • Public Libraries • Report to the Accessibility Directorate of Ontario (2013) 2014-2016: • Employment • Training • Feedback process • Accessible formats and communication supports • Accessible Websites and web content • Report to the Accessibility Directorate of Ontario (2015) 5 32 ACCESSIBLE CUSTOMER SERVICE The County of Elgin is committed to ensuring that all customers receive accessible services in a timely manner. Members of the public will receive an equitable customer service experience that meets their needs. The County will achieve this by: • Reviewing and updating policies to ensure high quality, accessible service. • Embedding accessibility requirements into staff training and orientation materials. • Reviewing customer feedback and taking appropriate action. PROGRESS GOALS • Developed Accessible Customer Service Policy (2009) • Alternate formats are available through the Accessibility Coordinator • Customer Service Training to all staff. (2009) • Customer Service Training to volunteers. • Continuing to review and update policies to ensure consideration of people with disabilities. • Accessible Customer Service Training to new employees — offered monthly. (ongoing) This training has been updated and is now part of General Accessibility Training offered monthly. • Updated purchasing policy to ensure that third party contractors are familiar with the AODA and the County's Accessibility Policy. • Reviewed Accessible Customer Service Policy and incorporated requirements under the Integrated Accessibility Regulation. (County Accessibility Policy 2.130) • Review current processes to receive feedback from the public. • Review current processes on how public can request an alternate format. • Continue to fulfill the needs of residents and customers under the Accessible Customer Service Standard. • Review requirements under Accessible Customer Service pending update in 2015/2016 33 INTEGRATED ACCESSIBILITY REGULATION GENERAL The Integrated Accessibility Regulation requires the County to: • Develop policies on how the County will achieve accessibility and meet the requirements of the regulation • Develop a statement of organizational commitment • Develop a multi-year accessibility plan and post an annual status report on the County's website outlining the progress that has been made. • Train staff on the requirements of the regulation and the Ontario Human Rights Code as it pertains to people with disabilities. PROGRESS • Developed County Accessibility policy which describes how Elgin County will achieve accessibility through meeting the requirements under the Integrated Accessibility Regulation. o County Accessibility Policy — HR 2.130 • Included in the County Accessibility Policy is a statement of organizational commitment. • Prepared annual status report in 2014 which identified the progress made in implementing this multi-year accessibility plan. • Training has been provided to staff on the Integrated Accessibility Regulation and the Ontario Human Rights Code. This training will be provided to new staff on an ongoing basis. • Training module has been developed for new staff that incorporates requirements under the Accessible Customer Service standard, and the Integrated Accessibility Standard. • Trained Councillors on accessibility (early 2015) • Report compliance to the Accessibility Directorate GOALS • Review corporate HR policies to ensure they reflect the requirements of the AODA. • Update Accessibility Policy to reflect updated Accessible Customer Service Standard • Review purchasing procedures related to accessibility and incorporate into existing procedures, where possible. • Develop accessible purchasing training. • Launch online training modules to maximize efficiency. Offer in-house training courses where applicable. 7 34 INFORMATION AND COMMUNICATIONS Information and communications are a large part of County business. It is because of this that it so important to ensure that information and communications are created in a way that considers accessibility. The County will follow universal design principles and best practices when developing, implementing and maintaining information and communications strategies. This includes websites, print communications materials as well as face-to-face interactions. The County is committed to ensuring that information and communications are available and accessible to people with disabilities. We will do this by: • Achieving compliance with the Web Content Accessibility Guidelines (WCAG 2.0) to ensure websites are accessible to people with disabilities. • Developing resource materials for creating accessible documents for common software programs such as MS Word, Excel and PowerPoint. • Ensuring that emergency information, procedures, plans and public safety information is available in alternate formats, when requested. • Developing a training strategy to ensure that staff have the knowledge, tools and technical advice to create accessible materials. PROGRESS • Website Redesign in accordance with WCAG 2.0 (February 2013) • Training for staff on how to make documents accessible, in accordance with WCAG 2.0 requirements. (April 2013 and ongoing) • Emergency Plan and related procedures are available in an alternate format, upon request • Developed resources for staff on making documents accessible o Creating Accessible Documents Training (Word and PDF) • Developed strategy to ensure WCAG compliance for web documents. (ongoing) • Developed accessible templates for web documents (ongoing). • Reviewed Library resources that are available to people with disabilities. • Purchased hand-held magnifiers for people with low vision. These are available for use at the Library Branches. • Purchased large print keyboards for people with low vision. These are available for use at the Library Branches. GOALS Documents are available in an alternate format, upon request. Staff should ensure that "alternate formats available upon request" is on all print documents. 35 • Continue to educate staff on the need for accessible documents • Develop a strategy of how to ensure existing (pre 2012) documents are accessible or available upon request. • Research accessible communications and determine if a guideline is needed for staff. • Review current feedback process to determine if process is accessible to people with disabilities. • Review process for obtaining accessible formats and communication supports to determine if an update is needed. • Continue to monitor website compliance and keep up to date. E 36 EMPLOYMENT The County of Elgin is committed to providing ensuring that the process of finding, getting and keeping a job is as inclusive as possible in order to build an effective workforce. Human Resources staff will be provided resources in order to meet compliance under the Integrated Accessibility Regulation. It is expected that training will cover a variety of topics, including: • Understanding employer obligations to provide employment accommodations. • How to identify and remove barriers in the workplace. • Enhancing workplace emergency responses through individualized emergency response information and assistance as required. • Revising individual work plans and developing a manager's guide, tools and templates to remove barriers from the recruitment process. PROGRESS • Job advertisements let the public know that accommodations will be provided, upon request. Applicants need to make their accommodation needs known in advance. • Developed workplace emergency response information policy and notified staff. o Emergency Workplace Response for Employees with Disabilities — HR 2.130.1 • Updated Accommodations in the Workplace policy (HR Policy 2.80.2) • Continuing to remove barriers from the selection process. All applicants who are invited to interviews are being asked if they require accommodations in order to participate. • Job advertisements are currently posted in a variety of newspapers and websites. Job advertisements and descriptions will be provided in an alternate format upon request. • Update Staff Performance Appraisal Policy (HR Policy 4.80) GOALS • Continue to monitor HR policies to ensure compliance with AODA regulations. 10 37 ACCESSIBLE BUILT ENVIRONMENT The County of Elgin will strive to ensure that new facilities are designed and built with universal design principles in mind. All County owned building plans are currently reviewed by the Joint Accessibility Advisory Committee. As part of the procurement process staff are required to consult with a variety of standards and guidelines to determine the most accessible and feasible design choice. On January 1, 2013 the Province of Ontario amended the Integrated Accessibility Regulation (O.Reg 191//11) to include the Design of Public Spaces. In January, 2015, the Province released the amended Ontario Building Code which includes updates to the Barrier Free section. County accomplishments and planned projects related to the accessible built will be outlined in Appendix A. 11 W COMMUNICATION This plan will be available on Elgin County's website, located at www.elgincounty.-a. A print copy of this plan is also available by contacting the County's Accessibility Coordinator. FEEDBACK The County of Elgin is committed to ensuring accessibility is a reality throughout all facilities and business operations. There is still so much to accomplish, and as we progress, we would like to hear from you! Do you have any thoughts or feedback on what has been accomplished so far? Please contact us with your questions and ideas. CONTACT Phone 519-631-1460 x 167 Fax 519-633-7785 Mail Jennifer Cowan, Accessibility Coordinator Elgin County, Administration Building 450 Sunset Drive, St. Thomas ON N5R 5V1 Email icowan�in.ca This document is available in accessible formats. 12 39 APPENDIX A 13 CA Project Location AAC Completion Date Consultation Required? Trails Beach access Not applicable routes Outdoor Public Eating Areas Outdoor Play Not applicable Spaces Exterior Paths of Removed asphalt (32")around front garden area and created a TL travel sidewalk that is 72" (6 ft) Accessible New asphalt in parking lot. Re -painted lines and will have 4 Admin 2015 Parking accessible parking spaces — 2 "van" spaces at 3.4 m wide, and 2 accessible parking spaces at 2.4 m wide. Additionally an access aisle will be provided between the spaces that is 1.5 m wide. Ramp Removed ramp at south end (rear side) and replaced with a Admin 2009 vertical key operated lift. The lift is located inside the building, and requires staff assistance to operate. Obtaining Services Accessible Install accessible pedestrian signals when installing new traffic Throughout Ongoing Pedestrian lights. County Signals Maintenance 13 CA 14 Cyl Project Building AAC Completion Date Consultation Required? Elevator Elevator Flooring — changed flooring to non -slip with no bevel TL Eating Area Adult Day Program Kitchenette TL - Island counter top is 36" high with shallow sink - barrier free handwash sink with a 5' turning circle Washroom Washroom upgrades in resident rooms TL - replaced old vanity with roll under style sink. - shallow sink - installed sliding doors instead of hinged doors. Door width increased from 28" to 32". Resident's Replaced flooring in 8 residents rooms. Removed old vinyl tiles and BV Ongoing Rooms replaced with new flooring. The old vinyl tiles in residents rooms was lower than flooring in hallway, which was causing a bevel (approximately %") and creating problems for residents trying to enter or exit their rooms with a mobility device. Signage Signage throughout Administration building in Braille and Admin 2013 mounted no higher than 4' from the floor. Fire Safety Fire pull stations and extinguishers mounted at 4' from floor. Admin 2013 Doors Install panic bars on all exterior doors (confirm) Admin Library Book drop off zones at libraries (confirm) Libraries Library Lower shelving at: Port Stanley, Dutton, Rodney, West Lorne, Libraries Springfield and Straffordville Doors Automatic door openers at all entrances Admin 2010 Doors Interior doors in the Administration and HR Departments are 36" Admin 2008-2010 Thresholds All thresholds to be level with flooring or entrances Admin Washrooms - Accessible universal washroom in basement (north end) - 2 accessible washrooms (with stalls) on 1A near Council 14 Cyl 15 151K Project Building AAC Completion Date Consultation Required? Chambers - Accessible washroom (with stalls) on 2nd floor — considered the "public" washroom. Located halfway between north and south end. - Two accessible, universal washrooms on 3rd floor — one in the Human Resources Department and one in Administrative Services. - Accessible washrooms (with stalls) on 3rd floor— considered the "public" washroom. Located halfway between north and south end. - Accessible washroom on 4t" floor —considered the "public" washroom. Used by staff and the public. Fire Safety Installed visual fire alarm systems on all floors. Admin 2009/2010 Doors Exterior rear entrance (south end) replaced with 36" door and Admin 2009/2010 automatic door openers. Lever style hardware installed. Doors Installed 36" wide door on basement training room. Admin 2009/2010 15 151K APPENDIX B MUNICIPAL ACCESSIBILITY WORK PLAN - COUNTY OF ELGIN The County of Elgin Timelines for Compliance with the Accessibility for Ontarians with Disabilities Act Regulations: The Accessibility Standards for Customer Service (Regulation 429/07) and the Integrated Accessibility Standards (Regulation 191/11). As defined in the AODA, the County of Elgin is a large designated public sector organization with 50+ employees. Year Relevant Section of Standard Requirements Compliance January Customer Customer Service Developed Accessible 1St 2010 Service Establishment of policies, practices Customer Service Policy April Standard and procedures governing the 2009. (This policy has since (2010 only), provision of goods or services to been updated as HR Policy Sections 3 to persons with disabilities that 2.130.) 9 respects the dignity and independence, deals with the use of assistive devices and ensures communication with persons with disabilities in a manner that takes into account the person's disability. Establishment of policies, practices and procedures governing the use of service animals, the accompaniment of support persons and notice of temporary disruptions for persons with disabilities. Training be provided to every person who deals with the public and/or who participates in developing policies, practices and procedures governing the provision of goods and services. 16 43 Year Relevant Requirements Compliance Section of Standard January 1St 2012 January 1St 2013 Integrated Accessibility Standards, Section 13 Section 27 Section 3 Provisions of notice of availability of documents upon request and that the documents are provided in a format that takes into account a person's disability. Information and Communications Provision of emergency procedures, plans, or public safety information in an accessible format or with appropriate communication supports, upon request. Employment Provision of individualized workplace emergency response information to employees who have a disability. General Requirements Development, implementation and maintenance of written policies and statement of organizational commitment to meet accessibility needs of persons with disabilities. Training was provided to all staff throughout 2009. Statement on website indicating that accessible formats are available upon request. Requests will be handled by the Accessibility Coordinator. Statement on website indicating who to contact for accessible formats. Developed Workplace Emergency response information policy for employees with disabilities. (HR Policy # 2.130.1) Developed Corporate Accessibility Policy which includes statement of organizational commitment. HR Policy # 2.130. Approved by County Council September 2012. 17 Year Relevant Requirements Compliance Section of Standard Section 4 Section 5 Preparation of a multi-year accessibility plan at least once every 5 years completed on consultation with persons with disabilities. Developed multi-year accessibility plan for 2013- 2015. Update 2015-2020. Preparation of annual status report Annual status report of the progress of measures taken presented to County Council to implement strategies of the in March 2014. accessibility plan and posting of the report on the website. Development of a procurement policy describing how the County of Elgin will consider the needs of persons with disabilities when procuring or acquiring goods, services, or facilities (physical infrastructure). Incorporation of accessibility features when designing, procuring Section 6 or acquiring self -serve kiosks. 45 Updated County's Procurement policy stating "in deciding to purchase goods or services through the procurement process, County Council shall have regard to the accessibility for persons with disabilities" (Ont. Reg 191/11) Developed accessible procurement guideline outlining options for staff when making purchases titled "Guide to Accessibility Requirements for Purchasing Goods, Services and Facilities for Elgin County". Approved by County Council January 2013. IT Year Relevant Requirements Compliance Section of Standard January 1St 2014 Section 15 Section 19 Section 7 Public Libraries - Provide access to or arrange for the provision of accessible materials where they exist. General Requirements Training all employees, volunteers, policy developers and all others who may provide goods or services on behalf of the County of Elgin on the Regulation and on the Human Rights Code. A record of the training shall be provided and kept on file. Information and Communications Ensuring feedback processes are accessible to persons with disabilities. The Elgin County library system offers the following formats for people with disabilities: • Large print books • Audio books • DAISY books • Accessible formats available through CELA program • Handheld magnifiers • Sheet magnifiers The County also offers ZoomText to people with low vision. ZoomText is available in all branches as well as large print and high contrast keyboards.. Training has been provided to all staff on: A training manual has been created for volunteers. Approved by County Council February 2015. Currently the public can comment on services they receive (as it relates to accessibility), however, not all feedback processes are accessible. 19 Year Relevant Section of Standard Requirements Compliance Section 11 Ensuring new internet websites New County website launched and web content will conform to in February 2013 establish WWW Consortium Web Content Accessibility Guidelines 2.0., initially at Level A. Approximately 30 staff trained on how to make web documents accessible throughout 2013. Training provided to local municipal staff on making web documents accessible. Accessibility Coordinator working with individual staff and departments to ensure compliance with web content back to January 1, 2012. Accommodations in the Workplace Policy (HR Policy 2.80.2) approved by County Council January 2014. 20 47 Year Relevant Requirements Compliance Section of Standard Section 14 Employment Sections 22- 24 Sections 25, 26 & 28 Section 29 Sections 30- 32 January 1St 2015 Accommodation of persons with disabilities in the recruitment, assessment and selection process Documented individual accommodation plans. Return to work process for employees who have been absent from work due to disability. Performance management, career development and redeployment processes of employees with disabilities. Information and Communications Accommodations in the Workplace Policy addresses both recruitment accommodations and individualized accommodation plans. Updated Return to Work Policy. Approved by County Council January 2014. (New policy is titled "Transitional Work Assignments" HR Policy # 8.320) Update Staff Performance Appraisal Policy (HR Policy 4.80) Request form for accessible formats and communication 21 Year Relevant Requirements Compliance Section of Standard Section 12 Provision of accessible formats and supports available on communication supports for County's website. persons with disabilities, made available upon request. January Whole Design of public spaces Review procedures related to regulation the Design of Public Spaces. 1St 2016 Update procedures to ensure maintenance procedures are adhered to. Develop training for staff as necessary. January Information and Communications Review website in 2018 to 1St 2021 determine next steps for Section 14 Ensure all internet websites and website and web content. web content will conform to established WK Consortium Web Content Accessibility Guidelines 2.0., Level AA (some exceptions). 22 r�y m urrn lef, I"I REPORT TO COUNTY COUNCIL FROM: Clayton Watters, Director of Engineering Services DATE: September 23, 2015 SUBJECT: Bridge Weight By -Law INTRODUCTION: All municipalities are required to re-evaluate the condition of weight restricted structures every two years as per the Ontario Highway Bridge Design Code. DISCUSSION: The County of Elgin has seven structures that have weight restrictions. There are two on County roads: Meeks Bridge and King George VI Lift Bridge (See Schedule No. 1). The remaining five bridges are on local roads: Fleming Creek, Fulton, Gillets, Jamestown and Vienna (See Schedule No. 2). Spriet Associates London Limited was retained to analyze and review the weight restrictions on the seven structures. The present load rating, as described in Schedules No.1 and No.2, continues to meet the requirements of the Canadian Standards Association (CSA) S6.00 in the Bridge Design Code. There is one change to the by-law, Fleming Creek bridge, which has been reduced to a weight limit of 7, 12, 17 tonnes per vehicle to reflect the state of the structure. CONCLUSION: The County of Elgin bridge weight by-law is required to be updated bi-annually as per the Ontario Bridge Code. Seven County bridges: Fulton, Gillets, Jamestown, Meeks, King George VI and Vienna can retain the current limit posting with no remedial action. The Fleming Creek bridge limit posting was reduced due to changes in a few of the structural members. RECOMMENDATIONS: THAT no vehicle or any class thereof, whether empty or loaded, shall be operated over any bridge designated on Schedules No. 1 and No. 2 with a weight in excess of the weight limit prescribed in the schedule for such bridge and that this by-law become effective until October 22, 2017; and THAT this by-law become effective once the weight postings have been posted; and THAT By -Law No. 13-22 be repealed; and, THAT the report titled "Bridge Weight By -Law" dated September 23, 2015 be received and filed. All of which is Respectfully Submitted Clayton Watters Director of Engineering Services 50 Approved for Submission Mark G. McDonald Chief Administrative Officer SCHEDULE NO. 1 By -Law No. 15-26 BRIDGES ON COUNTY ROADS No. Bridge Road Name of Location Weight Year of Type of No. No. Bridge Limit in Construction Floor (MTO) Tonnes Finish 1. 5-133 27 Meeks Lot 16, Range 1 8 1900 Concrete North of Union Road, Township Of Southwold 2. 5-136 4 King Reg. Plan 117, Level 1 — 13 1938 Steel George former Village of Level 2 — 18 VI Lift Port Stanley, now Level 3 — 23 Bridge Municipality of Central Elgin, East Side of Kettle Creek, Lot 5, West Side of Kettle Creek, Lots 5 and 6. This weight limit is based on the detailed evaluations and recommendations of Spriet Associates as per their report dated September 22, 2015. 51 SCHEDULE NO.2 By -Law No. 15-26 BRIDGES ON LOCAL ROADS No. Bridge No. (MTO) Name of Bridge Location Weight Limit in Tonnes Year of Construction Type of Floor Finish 1. 5-110 Fleming Lot A, Con. Gore, Level 1 - 7 1940 Concrete Creek Municipality of West Level 2 - 12 Elgin Level 3 - 17 2. 5-60 Fulton Lots 3 and 4, Range Level 1 - 12 1912 Concrete I, West of River Level 2 - 18 Road, Township of Level 3 - 23 Southwold 3. 5-139 Gillets Lot 27, Con. IV Level 1 - 25 1930 Concrete Municipality of Level 2 - 32 Central Elgin Level 3 - 34 4. 5-138 Jamestown Lot 28, Con. II Municipality of Central Elgin Level 1 - 7 1909 Wood Level 2 - 12 Level 3 - 17 5. 5-158 Vienna Lot 14, Con. III 5 1925 Concrete Municipality of Bayham This weight limit is based on the detailed evaluations and recommendations of Spriet Associates as per their report dated September 22, 2015. 52 m urrn lef, ,Ir ,, r?` i P1 ,1, *M.,0 �Y, xy;,tiR REPORT TO COUNTY COUNCIL FROM: Clayton Watters, Director of Engineering Services DATE: October 2, 2015 SUBJECT: Flag Half-Masting Protocol Policy INTRODUCTION: The County of Elgin does not currently have a policy that identifies the protocol for half- masting of flags at the Elgin County Administration building and the three Elgin County Homes for Seniors. DISCUSSION: County flags are flown on all County premises on a permanent basis. Currently, the County flies its flags at half-mast in the event of a death or to commemorate a solemn occasion. This act of half-masting is a strong visual statement that speaks to the sense of loss that is shared by all citizens. This policy will set the guidelines that ensure fair and consistent practices for flying flags at half-mast at all County owned facilities. The attached Appendix A provides the appropriate information for the lowering of flags at half-mast at County owned or leased buildings. CONCLUSION: The County of Elgin does not currently have a policy that outlines the protocol for lowering the County's flags to half-mast. Flags are flown at half mast as a sign of respect and condolence or to commemorate significant dates. The attached policy (Appendix A) identifies the guidelines for flying flags at a half-mast state at the County owned or leased buildings. RECOMMENDATION: THAT the attached policy (Appendix A) be approved and adopted to identify half- masting protocol for flags flown at County owned buildings. All of which is Respectfully Submitted Approved for Submission Clayton Watters Mark G. McDonald Director of Engineering Services Chief Administrative Officer 53 APPENDIX A Policy Statement: To provide protocol regarding the half-masting of flags during a period of mourning or to commemorate a solemn occasion. Purpose: To define the criteria and process for half-masting of flags flown at all Elgin County owned buildings. Procedure: Flags are flown at half-mast position as a sign of respect and condolence or to commemorate significant dates. All flags shall be flown at half-mast in the event of the death of: - The reigning monarch - A member of the reigning monarch's family - The current Governor General of Canada - The current Prime Minister of Canada - The current Lieutenant Governor of Ontario - The current Premier of Ontario - The current MP or MPP from Elgin Riding - The current Warden of Elgin County - A current member of Elgin County Council - A police officer, paramedic, firefighter or other person killed in the line of duty from departments within Elgin County - A current resident of Elgin County killed in the line of duty for the Canadian Armed Forces At the discretion of the Warden, the above practices may be extended to include others whose death should be acknowledged. In keeping with provincial and federal protocol, all flags shall be flown at half-mast from sunrise to sunset on Remembrance Day, November 11. Responsibilities: The Warden is responsible for notifying building maintenance personnel of the need to fly flags at half-mast and approving a County -wide email or notice to staff identifying why the flag is being flown at half-mast. 54 E�, REPORT TO COUNTY COUNCIL FROM: Clayton Watters, Director of Engineering Services Mike Hoogstra, Purchasing Coordinator DATE: September 21, 2015 SUBJECT: Award of Tender —Winter Maintenance Services INTRODUCTION: As part of the approved Operating Budgets, tenders were advertised and issued as per the County's Procurement Policy for Winter Maintenance Services at the following County owned facilities: - Bobier Villa and Dutton EMS Station (Part A) - Elgin Manor and Final Line Waste Water Treatment Plant (Part B) - Terrace Lodge and Aylmer EMS Station (Part C) - Administration Building (Part D) Winter Maintenance Services include snow plowing, salting and sanding of all parking areas, laneways and in some cases sidewalks and entrances. DISCUSSION: The tender for the supply of all labour, material and equipment to provide winter maintenance services at the County owned facilities noted above was advertised in three County newspapers and was also posted on the County's website and the Biddingo website. A total of seven (7) companies downloaded documents from the County's Biddingo website. Three (3) companies submitted bids for this tender which closed on September 10. Bids were received as follows: Company Total Price for Three Year Term Part A Part B Part C Part D Clean Cut Lawncare $33,675 $26,100 $27,750 $18,900 Southwest Property Care $34,200 $43,425 $78,300 $29,250 Willson Towing $39,150 No Bid No Bid No Bid Clean Cut Lawncare submitted the lowest compliant bid for all facilities at an estimated price of $106,425 for a three year term. Each bidder provided a 'per operation' rate in their bid and the actual costs will be based on the per operation rate and the actual number of weather events. The lowest submitted bid is within budget estimates. 55 CONCLUSION: Staff are pleased with the results of this competitive tender process. The recommended Contractor has been providing winter maintenance services to the County for the last 10 years. Prior to the winter season, County staff will meet with the contractor to review the appropriate safety and operating procedures. RECOMMENDATIONS: THAT Clean Cut Lawn Care be selected for the Winter Maintenance Services Tender, Contract No. 2015-34 at an estimated total price of $106,425 exclusive of H.S.T. for a three year term; and, THAT Staff be authorized to extend the contract for two additional years, subject to satisfactory contractor performance and pricing negotiations. All of which is Respectfully Submitted Clayton Watters Director of Engineering Services Mike Hoogstra Purchasing Coordinator 56 Approved for Submission Mark G. McDonald Chief Administrative Officer E�, REPORT TO COUNTY COUNCIL FROM: Clayton Watters, Director of Engineering Services Mike Hoogstra, Purchasing Coordinator DATE: September 28, 2015 SUBJECT: Emergency Response Vehicle Replacement INTRODUCTION: The County of Elgin currently has two (2) emergency response vehicles (ERV) in the EMS fleet. This report will concentrate on the replacement of one (1) ERV this year. DISCUSSION: An emergency response vehicle (ERV) is a vehicle operated by an ambulance service, other than an ambulance, that is used to provide emergency response services, and that has been assigned an emergency response vehicle number by the Director of the Emergency Health Services Branch of the Ministry of Health and Long -Term Care. Elgin -St. Thomas EMS, operated by Medavie EMS, was consulted prior to a Request for Proposal (RFP) being issued and requires a vehicle that: 1) complies with the Ontario Ministry of Health Provincial Land Ambulance and Emergency Response Vehicle Standard; 2) provides ample space to store required equipment and supplies; 3) provides for climate controlled space for drugs and some equipment that are sensitive to extremes in temperature; 4) is a 4X4 vehicle able to handle inclement weather and diverse terrain safely; and, 5) has ample seating to transport or place people (staff, paramedics, patients, etc.). Staff has reviewed multiple vehicle options including a pickup truck crew cab, a full size SUV (GM Tahoe) and a Ford Expedition Max. According to Medavie EMS, currently in Ontario, the majority of services are using full service size SUVs (e.g. Tahoe, Suburban, and Expedition) as opposed to pickup trucks. Medavie EMS recommends that the County of Elgin approve the Ford Expedition Max as it best meets the aforementioned needs of the Elgin -St. Thomas EMS. A Request for Proposal (RFP) was utilized for this procurement process so that all factors could be evaluated. The RFP was issued on May 4, 2015 and closed on May 22, 2015. Two proposals were received from the following Proponents: - D&R Electronics Co. Ltd. - Rowland Emergency & Specialty Vehicles 57 After the proposals were opened, the Purchasing Coordinator distributed copies of the proposals to the evaluation committee. Each member of the committee evaluated the proposals individually based on the following criteria: - Cost - Conformity with proposal requirements (specifications) - Warranty - Experience and Quality of References - Customer Service - Delivery The evaluation committee, which included representatives from Medavie EMS, met on June 8, 2015 to discuss the proposals and to consolidate the evaluation scores. The committee called each Proponent and clarified items stated in their proposal submissions. Three references for each Proponent were also contacted and each reference was asked to score the Proponent on five separate categories based on their experience and the performance of their agency's ERV unit. It should be noted that Elgin -St. Thomas EMS has experience with both Proponents as the County has one ERV from each company. Based on the evaluations of the criteria, the highest scoring Proponent is Rowland Emergency & Specialty Vehicles. Rowland Emergency has been in business since 1957 and supplies a high quality vehicle with a robust electrical and lighting system and includes the required five-year unlimited warranty. Rowland Emergency supplies ERV units to many Ontario municipalities and has exclusive contracts to provide ERV's on a five-year contract to the City of Toronto, Hamilton, Greater Sudbury and Region of Peel. The Elgin County EMS 2015 capital budget includes $60,000 for the purchase of one (1) ERV. The price submitted by Rowland Emergency & Specialty Vehicles is $77,901; resulting in a $17,901 overage in the approved 2015 capital budget (taxes excluded). The additional funds required can be sourced from the surplus to be realized in the EMS laptop replacement capital project (#2800-15-01). The current 2004 Ford Excursion ERV, which has 428,000 kilometres, will be auctioned once the new ERV is delivered. Proceeds from the sale will be used to offset the additional funds required. CONCLUSION: The approved 2015 capital budget includes the replacement of one ERV. The ERV being recommended from Rowland Emergency best meets the need for the County of Elgin and includes the requested five-year unlimited warranty. W RECOMMENDATIONS: THAT the contract for the Supply and Delivery of one (1) Emergency Response Vehicle (RFP# 2015-21) be awarded to Rowland Emergency and Specialty Vehicles; and, THAT the additional funds required be sourced from Capital Project #2800-15-01; and, THAT the 2004 Ford Excursion ERV be auctioned and the proceeds from the sale be used to offset the additional funds required. All of which is Respectfully Submitted Clayton Watters Director of Engineering Services Mike Hoogstra Purchasing Coordinator 59 Approved for Submission Mark G. McDonald Chief Administrative Officer m/1 N REPORT TO COUNTY COUNCIL FROM: Peter Dutchak, Deputy Director of Engineering Services DATE: September 25, 2015 SUBJECT: Reduced Speed Zones INTRODUCTION: Two existing reduced speed zones require extensions and one new speed zone is recommended to be added to the County road system under this report. DISCUSSION/CONCLUSION: Plank Road and Jackson Line The Highway Traffic Act defines "built up areas" based upon the density of buildings that front onto a road in an area. Staff has received a request to review a built up area on Plank Road at Jackson Line in the Municipality of Bayham for its qualification to be a reduced speed zone. Staff has reviewed the area and found that an area 350m north of Jackson Line to 230m south of Jackson Line does satisfy the conditions as a built up area and therefore a 60km/h zone is recommended to be established. Ron McNeil Line and Springwater Road An existing 60km/h zone exists from just east of Springwater Road to Dorchester Road due to housing density. Additional homes have been constructed on Ron McNeil Line near Springwater Road and therefore this reduced speed zone must be extended west for an additional 225m to the west side of Springwater Road. Imperial Road at the north limits of Port Bruce Imperial Road has been recently resurfaced with paved shoulders designated as bicycle lanes. Cyclists are encouraged to transition from the paved shoulder into the traffic lane at the top of the hill at the north limits of Port Bruce where curb and gutter begins and the paved shoulder terminates. To reduce the differential of speed between cyclists and vehicles in this shared use lane, the existing 50km/h reduced speed zone at the bottom of the hill should be extended north on Imperial Road for an addition 525m to the top of the hill. M RECOMMENDATIONS: THAT the Reduced Speed Zone By -Law be amended to include the following: 1 — A new 60km/h zone be established on Plank Road from 350m north of Jackson Line to 230m south of Jackson Line; 2 — The existing 60km/h zone on Ron McNeil Line at Springwater Road be extended 225m west, and; 3 — The existing 50km/h zone on Imperial Road north of Dexter Line be extended north on Imperial Road for 525m; and, THAT the OPP be notified of these changes. All of which is Respectfully Submitted, Approved for Submission, Peter Dutchak Mark G. McDonald Deputy Director of Engineering Services Chief Administrative Officer 61 m/1 N REPORT TO COUNTY COUNCIL FROM: Peter Dutchak, Deputy Director of Engineering Services DATE: September 25, 2015 SUBJECT: East Road Resurfacing — Project Deferral INTRODUCTION: The resurfacing of East Road was included in the Capital Budget to be completed in 2015. Due to unknown requirements for an adjacent development, this project has been deferred until 2016. DISCUSSION / CONCLUSION: Asphalt resurfacing of East Road (County Road #23) from Sunset Road to Joseph Street, in the Municipality of Central Elgin is included in the approved Capital Budget and was originally planned to be completed in 2015. An adjacent development along East Road has begun and staff anticipates that permission will be sought from the County of Elgin to utilize East Road for servicing the subdivision for a storm water outlet. No formal request has been made to either the County of Elgin or the Municipality of Central Elgin, however, engineering judgement suggests a large diameter storm water outlet will likely be required to cross East Road and include significant construction on the road property. In order to eliminate the risk of damaging and replacing newly installed asphalt it was determined that the road resurfacing project could be deferred until 2016 without negatively impacting the road. The County's contractor has agreed to retain its pricing for this work in 2016. RECOMMENDATION: THAT the report titled "East Road Resurfacing — Project Deferral" from the Deputy Director of Engineering Services, dated September 25, 2015 be received and filed. All of which is Respectfully Submitted, Approved for Submission, Peter Dutchak Mark G. McDonald Deputy Director of Engineering Services Chief Administrative Officer W m/1 N REPORT TO COUNTY COUNCIL FROM: Peter Dutchak, Deputy Director of Engineering Services DATE: October 9, 2015 SUBJECT: Canadian Army — Communication Exercise INTRODUCTION: The Canadian Army will be conducting a communications exercise in Elgin County on November 21 st, 2015 and have requested the use of County property for one day. DISCUSSION/CONCLUSION: The Canadian Army has requested use of County property for a communications exercise and has provided a Land Use Agreement to serve as the County's approval. The aim of the exercise is to establish a communications link between two areas as training for a domestic operation such as in response to a natural disaster. The Canadian Army is seeking permission to use the small open space next to the sewage treatment plant behind the Elgin Manor at 39262 Fingal Line to deploy a Radio Re -Broadcast detachment during daylight hours on November 21St, 2015 (see attached diagram). The detachment would consist of one or two ambulance -sized vehicles with up to 10 soldiers setting up two 10 -meter antenna masts. The staff and residents at Elgin Manor will be notified of the exercise. RECOMMENDATIONS: THAT the Warden and CAO be authorized and directed to sign the attached land use agreement with the Canadian Army to permit use of County property for a communications training exercise on November 21st, 2015. All of which is Respectfully Submitted Approved for Submission Peter Dutchak Mark G. McDonald Deputy Director of Engineering Services Chief Administrative Officer 63 LICENCE (USE OF NON-DND PROPERTY FOR TEMPORARY TRAINING PURPOSES) This Licence Agreement is in effect for the period November 20`", 2015 to November 22nd, 2015. I hereby permit the Minister of National Defense to use my property for the period stated above for the valuable consideration of $1.00, the receipt of which is hereby acknowledged. It is my understanding tha t the Minister of National Defense is responsible for all damages attributed to DND use that occur to my property during the period of occupancy except for items related to normal wear and tear. On completio n of training, every effort will be made by CAF personnel to recover all spent blank ammunition and pyro technics. Notwithstanding this effort, I have been informed and accept all hazards presented by these it ems. If any are later found they should not be handled, I agree to contact the nearest DND or police aut hority to arrange for their removal/disposal. Please complete the following information: Name of Property: Elgin County Sewage Treatment Plant Telephone: (519) 631-631-1460 Address (Street/Concession/Lot#): In vicinity of 39262 Fingal Line Village/Town/City: ST THOMAS County: Elgin County Province: ONTARIO Postal Code: N5P 3S5 Proposed use: 31 TBG Sig Tp Radio Re -Broadcast site (army communications set-up) I authorize/d'^ .;;At aauthe the use of vehicles on said land Ise/do not authorize the use of blank small arms ammunition and pyrotechnics on this said land. Ise/do not authorize excavation on said land provided that they are filled in before the unit leave s the area. I, Peter Dutchak, Deputy Director of Engineering, Elgin County, accept the terms of this Agreement. Signature of owner/representative: Signature of witness: Capt Etienne Robelin Signed at this day of the year of Authorized on behalf of the Minister of National Defence Col M. Gagne — Commander 4 CDSG Date Signature of Witness M Date m/1 N REPORT TO COUNTY COUNCIL FROM: Peter Dutchak, Deputy Director of Engineering Services DATE: October 8, 2015 SUBJECT: Road User Agreement —Tribute Resources Inc. INTRODUCTION: An existing road user agreement with Tribute Resources Inc. requires amendment with a revised schedule to add one road crossing facility. This report recommends entering into a renewing agreement with Tribute Resources Inc. to revise the facility schedule. DISCUSSION / CONCLUSION: An original agreement dated May 14, 2004 granted permission to Pecho Pipelines Inc. to install natural gas pipelines along various sections of County road within the Township of Malahide and Municipality of Bayham. Tribute Resources Inc. (successor to Pecho Pipelines Inc.) agreed to renew the agreement on October 21, 2014 using the County's revised road user agreement format, which increased annual fees and insurance requirements among other items. Tribute Resources Inc. has requested to add one additional crossing facility (a 75mm gas line) on County Road #55 under the same terms and conditions of their recently revised agreement. This change requires the agreement schedules to be revised under a new agreement. A simple amending agreement along with the revised schedules are attached for Council's information. RECOMMENDATIONS: THAT the Warden and CAO be authorized and directed to sign the attached agreement with Tribute Resources Inc. agreement revising the October 21, 2014 agreement schedules to add one additional crossing facility. All of which is Respectfully Submitted Approved for Submission Peter Dutchak Mark G. McDonald Deputy Director of Engineering Services Chief Administrative Officer THIS AGREEMENT made in quadruplicate this day of 12015 Between: THE CORPORATION OF THE COUNTY OF ELGIN (hereinafter referred to as the "County") and TRIBUTE RESOURCES INC. (hereinafter referred to as "Tribute") of The First Part of The Second Part WHEREAS the County is the owner or otherwise exercises jurisdiction over certain public highways, streets, and rights of way, including associated ditches and grassed areas, within road allowances located and as designated within the territorial limits of the County of Elgin in the Province of Ontario; AND WHEREAS by Agreement dated May 14, 2004, the County granted permission to Pecho Pipelines Inc. to install, construct, maintain, and operate a natural gas pipeline and related equipment and facilities (hereinafter referred to as the "Facilities") over, along, across, and under specified county roads at identified locations; AND WHEREAS, the County and Tribute, the latter as successor to Pecho Pipelines Inc. and Magnum Gas Corp Inc., agreed to renewal of the said Road User Agreement and permission from the County for the said Facilities and at the said locations within the specified Road Allowances by renewal Agreement dated October 21, 2014; AND WHEREAS the County, at the request of Tribute, is agreeable to extend the permission for new Facilities at a new location or locations within a specified Road Allowance upon the same terms and conditions as set forth in the previous Agreement as renewed; AND WHEREAS the County and Tribute wish to confirm such extended permission in writing through a revised Schedule to the Renewal Agreement as referred to above; 67 NOW THEREFORE, IN CONSIDERATION of the payment of ONE DOLLAR ($1.00) by each to the other and such other good and valuable consideration as hereinafter set forth, the receipt and sufficiency of which consideration is hereby acknowledged, the County and Tribute hereby agree as follows: 1. Schedule "A" to the Renewal Agreement dated October 21, 2014 shall be deleted and replaced, as Schedule "A" to that Renewal Agreement, by Schedule "A" to this Agreement. 2. Schedule `B" to the Renewal Agreement dated October 21, 2014 shall be deleted and replaced, as Schedule `B" to that Renewal Agreement, by Schedule `B" to this Agreement. 3. All other terms and conditions of the Renewal Agreement dated October 21, 2014 shall remain in full force and effect and binding as between the parties hereto. IN WITNESS WHEREOF the parties hereto have affixed their respective corporate seals attested by the hands of their respective officers duly authorized in that regard at , Ontario, this day of , 2015. SIGNED, SEALED AND DELIVERED in the presence of The Corporation of the County of Elgin Per: Name: Paul Enns Position: Warden Per: Name: Mark McDonald Position: CAO We have authority to bi d the Tribute Per: Name: Position. 't re s'%6eni- I have authority to bind the Corporation. Schedule "A" Schedule "B" Schedule B to Gas Line Agreement between the Corporation of the County of Elgin and Tribute Resources Inc. Pipeline locations on Elgin County Roads 1. Nova Scotia Line (Elgin County Road #42), from Malahide Lot 26/27 boundary east to Richmond Road — 6" HDPE on north side of road. 2. Calton Line (Elgin County Road #45) siarting 115m east of Lot 16/17 boundary, east to Lot 22/23 boundary — 4" HDPE on south side of road. 3. Calton Line (Elgin County Road #45) starting Lot 22/23 boundary east to Norfolk Elgin boundary — 6" HDPE on south side of road. 4. Elgin County Road #55 from Calton Line (Elgin County Road #45) north to Jackson Line — 6" HDPE on west side of road. 5. Elgin County Road #55 from Jackson Line north to Donovan Road (Norfolk) -- 3" HDPE on east side of road. 6. Elgin County Road #55 from Calton Line (Elgin County Road #45) south to Light Line — 6" HDPE on west side of road. 7.' Elgin County Road #55 from'Light Line south to Tunnel Line — 6" HDPE on east side of road. 8. Elgin County Road #55 from Tunnel Line south to Glen Erie Line (Elgin County Road #42) — 4" HDPE on east side of road. 9. Elgin County Road 955 from Glen Erie Line (Elgin County Road #42) to Lower Side Road (Norfolk) — 4" HDPE on east side of road. 10. Elgin County Road #55 from % way between Calton Line (Elgin County Road #45) and Jackson Line north to Baseline Road (Norfolk) — 4" 0.188wt Steel pipe on west side of road. 11. Plank Road (Elgin County Road #19) from 400m south of Jackson Line north to Jackson Line — 3" HDPE on east side of road. 12. Richmond Road on east side — 6" HDPE from Nova Scotia Line to Vienna Line. 13. Richmond Road on east side from Vienna Line to 1250m north of Vienna line — 3" HDPE Pipeline locations crossing Elgin County Roads 1. Cross Nova Scotia Line (Elgin County Road 942) at Malahide Lot 26/27 boundary — 6" HDPE to west of entrance to Talisman Station. 2. Cross Richmond Road (Elgin County Road #43) on Nova Scotia Line (Elgin County Road #42) — 6" HDPE on north side of intersection. 3. Cross Nova Scotia Line (Elgin County Road #42) at Bayham Lot 3/4 boundary — 3" HDPE north to south. 4. Cross Calton Line (Elgin County Road #45) in Bayham Lot 17 — 3" HDPE north to south. 5. Cross Calton Line (Elgin County Road #45) at toll Gate Road intersection in Bayham — 3" HDPE on west side of road. 6. Cross Calton Line (Elgin County Road #45) at Bayham Lot 22/23 Boundary — 3" HDPE. 7. Cross Calton Line (Elgin County Road #45) at Bayham Lot 26 — 3" HDPE. 70 8. Cross Calton Line (Elgin County Road #45) at Elgin County Road #55 — 6" HDPE on west side of intersection. 9. Cross Plank Road (Elgin County Road #19) 400m south of Jackson Line in Bayharn — 3" HDPE. 10. Cross Plank Road (Elgin County Road #19) at Jackson Line in Bayham — 4" HDPE on south side of intersection. 11. Cross Elgin County Road #55 at Baseline Road (Norfolk) — 4" 0.188wt Steel on south side of Baseline Road. 12. Cross Jackson Line at Elgin County Road #55 — 4" 0.188wt Steel on west side of intersection. 13. Cross Elgin County Road #55 at Light Line — 6" HDPE on north side of intersection. 14. Cross Elgin County Road #55 at Tunnel Line — 4" HDPE on north side of intersection. 15. Cross Glen Erie Line (Elgin County Road #42) at Clarke Road — 4" HDPE on the east side of Clarke Road. 16. Cross Glen Erie Line (Elgin County Road #42) at Stafford Road — 4" HDPE on the west side of Stafford Road. 17. Cross Glen Erie Line (Elgin County Road #42) at Godby Road — 3" HDPE on the east side of Godby Road. 18. Cross Nova Scotia Line (Elgin County Road 942) at Richmond Road (Elgin County Road #42) — 3" HDPE on East side of intersection. 19. Cross Elgin County Road #55 at Tunnel Line — 6" HDPE on north side of intersection. 20. Cross Heritage Line (Elgin County Road #38) at Toll Gate Road — 3" HDPE on the east side of Toll Gate Road. 21. Cross Elgin County Road #55 at Lamers Line - 3" PE on north side of intersection. 71 DATED this day of 2015 BETWEEN: THE CORPORATION OF THE COUNTY OF ELGIN -and- TRIBUTE RESOURCES INC. AGREEMENT McKenzie Lake Lawyers LLP 140 Fullarton St., Suite 1800 London, Ontario N6A 5P2 SHG/bd 72 m/1 N REPORT TO COUNTY COUNCIL FROM: Peter Dutchak, Deputy Director of Engineering Services DATE: October 15, 2015 SUBJECT: Road User Agreement —Rowe Energy Corporation INTRODUCTION: An existing road user agreement dated July 13, 2005 with Rowe Energy Corporation has expired on July 12, 2015 and the company seeks to renew the agreement. This report recommends renewing an agreement with Rowe Energy Corporation utilizing the County's most recent standardized road user agreement. DISCUSSION: An agreement dated July 13, 2005 granted Rowe Energy Corporation permission to install a 7.9km length of gas pipeline along the west side of Graham Road (County Road #76) in the Municipality of West Elgin, from Downie Line north to the Thames River. Some of the original terms of the agreement included: a one-time $5,000 fee, an annual $1,000 fee and $5 million liability insurance. Over the past decade, the County and its solicitor have moved to standardize its road user agreements for consistency and to accommodate the increased demand for use of its road right-of-ways by private utilities. For example, private companies use County road property to transmit hydro electricity from wind and solar farm facilities and also natural gas pipelines. Two new standardized road user agreements have been created for private facilities seeking to use public property for their own purposes, one for linear facilities along County roads for significant length and one for a simple crossing of a County road. Private utilities placed along significant lengths (kilometers) of County road property essentially sterilize those sections from additional uses and staff must be mindful of their presence for all maintenance and capital work. Therefore, an agreement with additional considerations, fees and requirements is being utilized in these instances as opposed to agreements that permit a simple crossing of a county road. A revised agreement has been prepared for the Rowe Energy Corporation — Graham Road installation for an additional 10 year term utilizing the County's standard agreement framework to remain consistent with other private utilities using County right-of-ways for this length (7.9km). The agreement is attached for Council's information and review. Significant changes in the renewal agreement include: no initial fee, a $5,000 annual fee and $10 million liability insurance. Rowe Energy Corporation through their solicitor has agreed to all the terms of the renewal agreement with exception of the increased annual fee and insurance requirements citing a drop in commodity prices and production volume. A written request for reduced fees and insurance requirements is provided in the attached email for Council's information. 73 CONCLUSION: Rowe Energy Corporation seeks to renew a road user agreement to permit their use of 7.9km of gas pipeline installed on Graham Road. A renewal agreement has been prepared incorporating consistent framework similar to other road user agreements that have been prepared and executed over the past decade with private utilities using County roads for their purposes. Rowe Energy Corporation has agreed to all terms, save and except for increases in the annual fee and insurance requirements. Staff and the County solicitor recommend retaining consistent terms for its road user agreements with private utilities. RECOMMENDATIONS: THAT the road user agreement with Rowe Energy Corporation pertaining to Graham Road in the Municipality of West Elgin be presented for execution subject to the terms and conditions outlined in this report; and, THAT the Warden and CAO be authorized and directed to sign the agreement. All of which is Respectfully Submitted Peter Dutchak Deputy Director of Engineering Services 74 Approved for Submission Mark G. McDonald Chief Administrative Officer RE: County of Elgin / Rowe Energy - Road Allowance Access Agreement Marko Pasic [mpasic@elexco.com] Sent: July 13, 2015 1:57 PM To: Stephen Gibson (McKenzie Lake Lawyers) [gibson@mckenzielake.com] Cc: pdutchak@elgin-county.on.ca; Brittney Daigle (McKenzie Lake Lawyers) [daigle@mckenzielake.com] Dear Mr. Gibson, Further to our telephone conversation last Thursday, we confirm that you will be providing us with revised language for Section 9 (Indemnity) and Section 10 (Facility failure) along with a suggested notice provision. For example, it is our understanding that the following issues will be clarified in Sections 9 and 10: 1. the indemnity language in the last sentence of Section 9, relating to third party claims against the County, will be clarified so that it only applies to damages or injuries to such third parties caused by REC's Facilities and not resulting from negligence on the part of such third parties or their own facilities or use of the Road Allowance. This would be in accordance with the intent of the indemnity language in the first sentence of Section 9; and 2. the Section 10 reference to pipelines leading to the Road Allowance or within 500 metres of the Road Allowance will be amended to only reference REC's pipelines that are directly connected to the Facilities described in the Agreement. For your reference we have verified that the existing natural gas pipeline is approximately 7.9 kilometres in length. It is a 4.5 inch steel construction field and gathering line for REC's production from local wells. The benefits of transporting the production by a buried pipeline, as opposed to tanking and trucking, is less traffic, less wear and tear on the County road and increased safety for the community resulting from less truck traffic of gas and buried infrastructure. On behalf of our client, we would like to request relief from the requested increase in the annual fee from $1,000 to $5,000, which we submit is an excessive increase of 500% that does not appear to be based on any specified commercial criteria. For example, we would ask that the following be considered: 1. REC will not be constructing and installing the described Facilities since this is a renewal Road User Agreement for existing Facilities; 2. Although the initial Road User Agreement provided for an initial payment of $5,000, this was a onetime payment that would've included compensation for installation, construction, temporary work space, etc., which is not the case in relation to the proposed renewal Road User Agreement; 3. REC's gas production decline is approximately Ninety -Seven percent (97%) from 2006 to 2014. For example, the production volume has declined from 24,344 cubic metres in 2006 to 644 cubic metres in 2014. In addition, the commodity price for gas has dropped from a high of $13/mcf in 2007 to a low of $1.80/mcf in 2009 and is currently $2.85/mcf. Based on the extreme drop in production and the low commodity price, REC is experiencing a chronic revenue crisis, which is projected to continue for the foreseeable future; and 4. REC is a small privately owned local gas producer, benefitting the Municipal economy and local farmers with royalty/rental payments, and REC should not be charged the same annual fee for a Road User Agreement as a large rate based utility with facilities that are greater in size and/or commercial scope such that any increased fees to a rate based utility may be passed on to the end user, which REC is unable to do. Also, on behalf of our client, we would ask that the request for an insurance increase from $5 million to 75 $10 million be reconsidered and reduced for the following reasons: 1. The requested doubling of insurance coverage from $5 million to $10 million, and adding the County as an additional insured, will significantly increase REC's annual insurance premium from $5,000 to $13,650 per year. This would represent twenty-five percent (25%) of REC's current gross revenue, being approximately $4,500 per month. 2. We submit that the current insurance coverage is sufficient for the existing pipeline facility in terms of its commercial use, risk and comparable insurance coverage for similar facilities elsewhere. In the alternative, we submit that a doubling of the insurance coverage is commercially excessive and places an undue commercial burden on a small local private company that is unable to pass on such costs to end users, unlike rate based utilities that may be subject to similar Road User Agreements with the County. We trust this is satisfactory and look forward to your response. Rega rds, Marko Pasic In -House Counsel The Elexco Group Phone (519) 686-0470 Fax (519) 686-9088 mpasic -elexco.com If you received this communication in error and you are not the intended recipient of its contents, please notify us immediately by reply email or by calling 519-686-0470. This message is intended solely for the use of the person to whom it is addressed and may contain information that is privileged and confidential. If you are not the intended recipient, or an agent responsible for delivering the message to the intended recipient, any disclosure, dissemination, distribution or copying of this communication is strictly prohibited. To stop receiving electronic messages, please click Elexco Subscriptions and put unsubscribe in the subject line, or send a written request to our office at 101-557 Southdale Rd. E., London, ON WE 1A2. Please be advised that this may restrict our ability to send messages to you in the future. From: Marko Pasic Sent: July 8, 2015 11:59 AM To: Stephen Gibson (McKenzie Lake Lawyers) Cc: pdutchak@elgin-county.on.ca; 'Brittney Daigle (McKenzie Lake Lawyers)' Subject: RE: County of Elgin / Rowe Energy - Road Allowance Access Agreement Mr. Gibson, We would appreciate the opportunity to speak with you and obtain some clarification on the substantive issues of concern of our client. Please advise if you are available for a call later this afternoon at a specific time. Regards, Marko Pasic In -House Counsel The Elexco Group Phone (519) 686-0470 Fax (519) 686-9088 mpasic elexco.com If you received this communication in error and you are not the intended recipient of its contents, please notify us immediately by reply email or by calling 519-686-0470. This message is intended solely for the use of the person to whom it is addressed and may contain information that is privileged and confidential. If you are not the intended recipient, or an agent responsible for delivering the message to the intended recipient, any disclosure, dissemination, distribution or copying of this communication is strictly prohibited. To stop receiving electronic messages, please click Elexco Subscriptions and put unsubscribe in the subject line, or send a written request to our office at 101-557 Southdale Rd. E., London, ON N6E 1A2. Please be advised that this may restrict our ability to send messages to you in the future. 76 THIS AGREEMENT made in quadruplicate this day of , 2015 Between: THE CORPORATION OF THE COUNTY OF ELGIN (hereinafter referred to as the "County") of The First Part and ROWE ENERGY CORPORATION, a company incorporated pursuant to the laws of the Province of Ontario with Head Office in the County of Middlesex in the said Province of Ontario (hereinafter referred to as "Rowe") of The Second Part WHEREAS the County is the owner or otherwise exercises jurisdiction over certain public highways, streets, and rights of way, including associated ditches and grassed areas, within road allowances located and as designated within the territorial limits of the County of Elgin in the Province of Ontario (hereinafter referred to as the "Road Allowance" or "Road Allowances"). AND WHEREAS by a Road User Agreement dated July 13, 2005, the County granted permission to Rowe to install, construct, maintain, and operate a natural gas pipeline and related equipment and facilities (hereinafter referred to as the "Facilities") over, along, across, and under the Road Allowances at identified locations; AND WHEREAS the said Road User Agreement and permission expired on July 12, 2015; AND WHEREAS Rowe seeks to renew the permission granted by the said Road User Agreement from the County for the same Facilities and at the same locations within the specified Road Allowances; AND WHEREAS the County is prepared to grant the afore -noted permission, as a renewal, to Rowe on certain terms and conditions, which terms and conditions are acceptable to Rowe; AND WHEREAS the County and Rowe wish to reduce the terms and conditions of such agreement and permission to writing. NOW THEREFORE IN CONSIDERATION of the payment of ONE DOLLAR ($1.00) by each to the other and such good and other valuable consideration as hereinafter set forth, the receipt and sufficiency is hereby acknowledged, the County and Rowe hereby agree as follows: 77 1. Unless otherwise terminated and for a period of ten (10) years commencing on July 13, 2015 and ending on July 12, 2025, the County grants Rowe the permission to enter upon the Road Allowance with such persons, vehicles, equipment, and machinery as is necessary to replace, reconstruct, maintain, inspect, remove, operate, and repair the Facilities in the locations set forth on Schedule "A" hereto. 2. Prior to commencing any work within the Road Allowance, Rowe shall apply for and obtain a Road Occupancy Permit from the County, in respect of which Rowe shall provide acceptable plans to depict the specifications and proposed location of the Facilities. Rowe shall comply with the terms and conditions of the Road Occupancy Permit issued by the County and, furthermore, Rowe shall comply with the provisions of the by-law under which such Permit is issued. 3. Rowe agrees that it shall at all times, replace, reconstruct, reinstall and otherwise maintain and operate the Facilities in strict accordance with either the Plans previously filed in respect of the original installation pursuant to a Road User Agreement dated July 13, 2005 and, furthermore, the plans filed with the County in support of any future Application for a Road Occupancy Permit as referred to above and, at all times, Rowe agrees and undertakes to perform such works to the satisfaction of the County by its Director of Engineering, in a careful prudent manner, and in keeping with good engineering practices. 4. Rowe shall comply with any direction given by the County, through its Director of Engineering or authorized representative, in respect of the establishment, installation, repair, maintenance, and, if necessary, relocation and/or removal of the Facilities as anticipated by this Agreement or the permission granted hereunder. 5. Rowe acknowledges that the permission granted hereunder is not and shall not be exclusive and further acknowledges that the County may have granted or may otherwise grant other rights, privileges, benefits, licenses, permissions, or other interests to another person, party, agency, persons, parties, or agencies, at any time prior to or during the term of this Agreement or any renewal thereof, provided that the County shall use reasonable commercial efforts to cooperate with and assist Rowe in respect of such further grants and the manner that same may impact upon Rowe's permission as contemplated herein and any current of future Facilities as installed pursuant thereto. Rowe further acknowledges that nothing in this Agreement shall prohibit or restrict the County from entering upon the Road Allowance and conducting work thereon for its own municipal purposes, in respect of which the County shall not be required to provide notice to or seek approval from Rowe provided that such work does not adversely affect Rowe's Facilities. 6. Rowe undertakes and agrees to relocate the Facilities at the request of and without cost to the County if, in the future, the presence of such Facilities conflicts with other utilities or infrastructure or other interests within the Road Allowance, provided that, in making such request or demand for relocation, the County will act reasonably and only for valid engineering purposes. W 7. On or before the thirteenth day of July of each year during the term of this Agreement, commencing July 13, 2015, Rowe shall pay to the County an annual fee of five thousand dollars ($5,000.00) for the permission contemplated and granted hereunder. 8. Within fifteen (15) days of execution of this Agreement, Rowe shall arrange for and thereafter maintain liability insurance satisfactory to the County. The County shall be added as an Additional Insured. Acting reasonably, such insurance shall provide coverage against all claims, liabilities, losses, costs, damages, or other expenses of every kind and nature that such insured may incur or suffer as a consequence of personal injury, including death, and property damages arising out of or in any way incurred or suffered in connection with the installation, placing, maintenance, operation or repair of the Facilities in the Road Allowance pursuant to this Agreement, which insurance, at a minimum, shall provide coverage with limits of liability not less than TEN MILLION DOLLARS ($10,000,000.00) per incident at the commencement of the term hereof, and Rowe shall satisfy the County, from time to time, that such policy remains in full force and effect and that the premiums of such policies have been paid. 9. Rowe hereby agrees to indemnify and save harmless the County from all claims, demands, losses, costs, charges, and expenses which the County may sustain, incur or be liable for in consequence of the permission granted herein to use and occupy the Road Allowance for the Facilities described above and for the installation, placement, maintenance, repair, and operation of these Facilities in the Road Allowance. Rowe shall not be liable for any such claims, demands, losses, costs, charges, expenses caused solely by the negligence of the County, its employees or agents. Without prejudice to the generality of the foregoing and to specifically account for the granting of permission to other individuals, corporations, and other bodies to install facilities within the Road Allowance, Rowe hereby agrees to indemnify and save harmless the County from any claims, demands, losses, costs, charges and expenses as made by such other individuals, corporations, or bodies as against the County and as attributable to or otherwise caused by Rowe through the exercise of the permission granted by the County herein. 10. Notwithstanding and without limiting the obligation set forth in paragraph 9 above: (a) Within twenty-four (24) hours of discovery, Rowe shall notify the County of any failure of the Facilities within the Road Allowance and/or the failure of any pipeline directly connected to those Facilities within such Road Allowance and located within five hundred meters (500m) of the limits of the said Road Allowance. (b) Rowe shall duly and promptly repair any failure of the Facilities or related pipelines as identified in item (a) above and, if necessary, remediate the lands incorporated within the Road Allowance which have been adversely affected and/or contaminated by such failure, the determination of which adverse effect 79 and/or contamination lies with the County as represented by its Director of Engineering. (c) In respect of any failure as identified in item (a) above, Rowe shall promptly inform the County, by its Director of Engineering, of the details of repair or intended repair of the Facilities or related pipelines as identified in item (a) above or remediation or intended remediation of the Road Allowance. (d) Without limiting the generality of the obligation set forth in item (b) above and in the event that any such order is issued, Rowe, on its own behalf or on behalf of the County, shall satisfy and comply with any order for maintenance, repair, or remediation of the Facilities, related pipelines directly connected to the Facilities within the Road Allowance and located within five hundred meters (500m) of the limits of the said Road Allowance, and/or the lands within the Road Allowance as issued by any government department, ministry, or related agency, or official thereof, exercising jurisdiction over the Facilities and pipelines, including but not limited to any department, ministry, and/or agency administering the provisions of the Environmental Protection Act and/or Oil, Gas, and Salt Resources Act and further including the Director of Engineering for the County. 11. Except in the case of an emergency, Rowe shall provide the County, through its Director of Engineering, with at least forty-eight (48) hours' notice of intended entry into the Road Allowance for purposes of exercising the permission granted hereunder. 12. Rowe shall not acquire any interest in the title to the Road Allowance through the execution of this Agreement or the exercise of the permission contemplated hereunder. 13. The County reserves the right to terminate this Agreement and the permission granted hereunder upon one (1) years' written notice to Rowe, provided that such termination shall only be undertaken for either failure of Rowe to abide by or satisfy any term of this Agreement or otherwise for valid engineering purposes. 14. Upon expiry or termination of this Agreement and at the demand of the County as made within two (2) years following such expiry or termination, Rowe, at its sole expense, will remove the Facilities from the Road Allowance and thereafter remediate the Road Allowance to the satisfaction of the County as represented by its Director of Engineering. In the event that Rowe shall fail to do so within one hundred and twenty (120) days of such demand, the County may remove the Facilities and remediate the Road Allowance and, thereafter, the County shall issue and invoice to Rowe for recovery of all costs of such removal and remediation, such invoice to be paid by Rowe within thirty (30) days of issuance. 15. Any notice under this Agreement is sufficiently given if delivered in person or if sent by ordinary pre -paid mail or pre -paid courier to: M To the Corporation of the County of Elgin at: 450 Sunset Drive St. Thomas, Ontario N5P 5R1 To Rowe Energy Corporation at: 7621 Falconbridge Dr., RR3 Mount Brydges, ON NOL 1W0 16. This Agreement, including the Schedule hereto, constitutes the entire Agreement between the parties as of the date hereof. There are not and shall not be any verbal statements, representations, warranties, undertakings or agreements between the parties. 17. This Agreement may not be amended or modified in any respect except by written instrument signed by the parties hereto. 18. This Agreement shall be interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and shall be treated in all respects as an Ontario contract. 19. This Agreement shall be binding upon and enure to the benefit of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the parties hereto have affixed their respective corporate seals attested by the hands of their respective officers duly authorized in that regard at , Ontario, this day of , 2015. SIGNED, SEALED AND DELIVERED in the presence of m The Corporation of the County of Elgin Per: Name: Paul Ens Position: Warden Per: Name: Mark McDonald Position: CAO/Clerk We have authority to bind the Authority. Rowe Energy Corporation Per: Name: Position: I have authority to bind the Corporation. SCHEDULE "A" Road Location Side of Road Offset from Centreline of Roadway Graham Road From Downie Line north to West 11.25m to 11.75m (County Road #76) the Thames River (Conc. 4 to Conc. B, Lot 21), Municipality of West Elgin W DATED this day of , 2015 BETWEEN: THE CORPORATION OF THE COUNTY OF ELGIN -and- ROWE ENERGY CORPORATION AGREEMENT McKenzie Lake Lawyers LLP 140 Fullarton St., Suite 1800 London, Ontario N6A 5P2 SHG/bd m m/1 N REPORT TO COUNTY COUNCIL FROM: Peter Dutchak, Deputy Director of Engineering Services DATE: October 15, 2015 SUBJECT: Edison Drive Access Road — EA Update INTRODUCTION: The County of Elgin is in the midst of an Environmental Assessment (EA) to determine alternatives to provide access to properties currently serviced by the 107 year old Vienna Bridge (locally known as the Edison Drive Bridge). Studies and investigations have discounted previously preferred alternatives. The construction of a modular panel bridge at the existing bridge's current location is now the preferred solution to maintain access to properties on the north side of the Big Otter Creek. This report seeks Council's recommendation to select a panel bridge to replace the existing Vienna Bridge as the preferred option. DISCUSSION: The County of Elgin has been actively completing studies and investigations to determine the best solution to provide access to properties currently serviced by a 107 year old bridge with weight and dimensional restrictions through a Class EA process. The attached report provides a list of alternatives considered to date. The report also details investigations completed and provides discussion about each alternative option including implementation costs, both known and assumed. To summarize activities to date, an access road was initially determined as a preferred solution as compared to a standard highway bridge mainly due to the cost. Three existing road allowances exist (with open or closed status) to connect properties on the north side of the Big Otter Creek to existing travelled roads. Therefore constructing a new access road along one of these corridors was assumed to be the most cost effective, long term solution as opposed to constructing a new highway bridge. However, further study of the corridors had to be completed before a preferred route was selected. Old Creek Road, Old Mill Line and an existing road allowance connecting to Light Line were all reviewed in detail. Old Creek Road was quickly discounted due to its length and terrain. Old Mill Line was discounted once a survey determined the road was too close to the Big Otter Creek. Extensive studies were completed on the road allowance that extends north to Light Line. The work to date on this right of way includes: a topographical survey, road design, geotechnical study, natural heritage review and an archaeological assessment. The geotechnical study recommended significant earth removal from the embankment leading down to the creek to create stable slopes. The archaeological assessments progressed to a Stage 3 study and recommended an expensive Stage 4 assessment due to the presence of a Euro -Canadian homestead going back to the mid -1800s within the road corridor. These findings have pushed the road construction estimate to over $1,000,000 or approximately double the existing allocated budget. Therefore, other alternatives warranted consideration. A panel bridge is a pre -fabricated modular bridge put together on site in ten -foot sections. An "Acrow" panel bridge has been recently installed on Clarke Road by the Municipality of Bayham as a cost effective, long term solution as compared to a conventional concrete highway structure. Replacing the existing 107 year old steel truss bridge with a modular panel bridge would eliminate the dimensional and loading restrictions imposed by the existing structure and provide a solution that satisfies the EA's problem statement. The estimated cost to replace the existing bridge with a panel bridge is $650,000. A balance of approximately $450,000 remains in the project budget, therefore an additional $200,000 will be allocated in the 2016 capital budget to implement the project. CONCLUSION: The aging Edison Drive Bridge in Vienna restricts access to properties on the north side of the Big Otter Creek. As the least expensive and long term solution, a modular panel bridge can be constructed to replace the existing bridge at an estimated cost of $650,000. It is proposed that the County of Elgin would retain ownership of this structure. Temporary access will have to be accommodated during an eight week construction schedule and include the use of private property. Staff is recommending that a copy of this report be presented to the Municipality of Bayham for consideration and their Council endorse replacing the existing bridge with a panel bridge as the preferred solution to the EA. Once a preferred solution is chosen, a formal notice of completion and comment period will follow to complete the EA planning process. RECOMMENDATIONS: THAT the existing Vienna Bridge be replaced with a modular bridge as the preferred solution to the Class EA; and, THAT the Municipality of Bayham be requested to approve the modular bridge option as the preferred solution to the Class EA Problem Statement; and, THAT in concurrence with Bayham Council, the Vienna Bridge replacement be included in the 2016 Capital Budget. All of which is Respectfully Submitted, Approved for Submission, Peter Dutchak Mark G. McDonald Deputy Director of Engineering Services Chief Administrative Officer 99 STATUS REPORT 4 (DRAFT) EDISON DRIVE ACCESS ROAD, VIENNA Municipality of Bayham MUNICIPAL CLASS EA County of Elgin OCTOBER 16, 2015 SPRIET ASSOCIATES ENGINEERS J ARCHITECTS Spriet Associates © 155 York Street London, Ontario, Canada N6A 1A8 To Clayton Watters, Director of Engineering Services Peter Dutchak, Deputy Director of Engineering Services County of Elgin Engineering Services Department Copy John R. Spriet, Project Manager and Engineer From David Mihlik, Project Planner Phone: 519-672-4100 Fax: 519-433-9351 E-mail: mail @spriet.on.ca Subject STATUS REPORT 4 DRAFT Proposed Edison Drive Access Road, Vienna, Municipality of Bayham Municipal Class Environmental Assessment County of Elgin and Municipality of Bayham Date October 16, 2015 File 214202 Page Contents 1. Review of Alternatives A, B, C and E 2 2. Alternative D - Construct New Panel Bridge on Existing Abutments 5 3. Suggested Project Approach 8 Figures This Status Report summarizes the current status of the Edison Drive Access Road project and outlines a new preferred alternative. The project objective is to provide cost-effective and reliable access to the Edison Drive area north of Big Otter Creek in Vienna, Municipality of Bayham. The existing Edison Drive bridge, which now provides road access to the area, has significant structural deterioration resulting in a restricted load capacity rating. As well, the height and width constraints of this 1907 steel through -truss bridge restrict access by large trucks and farm vehicles, and some larger emergency vehicles. As part of the Class EA planning process, alternative project solutions are evaluated. The list of project alternatives has been recently expanded to include Alternative D: 'Construct New Panel Bridge on Existing Abutments'. The 'Do Nothing' alternative (previously Alt. D) is now listed as Alternative E. The locations of Alternatives A, B, C and D are shown in Figure 1. Alternative A Old Mill Line Extension Road Alternative B Access Road to Light Line Alternative C Upgrade Creek Road Alternative D Construct New Panel Bridge on Existing Abutments Alternative E Do Nothing This Status Report briefly reviews the Alternatives that have been already considered in the Class EA (Alternatives A, B, C and E), and then outlines Alternative D, a new lower-cost alternative that utilizes the existing bridge abutments. The Status Report concludes with a suggested project approach. SPRIET ASSOCIATES - 16.10.2015 - 214202FD01_Draft.wpd 87 1. REVIEW OF ALTERNATIVES A, B, C AND E Alternative A - Old Mill Line Extension Road Initial work on the Class EA commenced in August 2014, following County of Elgin authorization. The Terms of Reference for the project anticipated that the preferred road alignment would be an extension of Old Mill Line (Alternative A), using an existing road allowance to connect to Edison Drive on the north side of the existing bridge (approx. 0.5 km long). However, initial project studies identified several concerns, including an undersized road allowance that would require widening, a potentially significant natural area that would be disturbed, and existing residences on both sides of the narrow historic Mill Street road allowance that could be adversely impacted by a road. Existing wells and underground aquifers were reported in the area, requiring a detailed hydrogeological assessment. A site review indicated that building a new road up the steep slope to join Old Mill Line would require costly slope stabilization. Alternative B - Access Road to Light Line In late 2014, another access road alignment was proposed; connecting Edison Drive to Light Line (Alternative B). Status Report 2, dated November 12, 2014, outlined the proposed road alignment, which would also utilize existing road allowances with some small acquisition areas. While the total length of the new road was longer (approx. 1.0 km), over half of the proposed road length would be within existing road allowances across open fields, which are designated for future development. There were no adjacent residences and potential natural heritage concerns appeared reduced. The first Class EA Notice was issued on January 23, 2015. Several technical studies have been undertaken to evaluate Alternative B and prepare a preliminary cost estimate (see Table 1). Property owners adjacent to the proposed road alignment have been contacted to discuss the project and obtain authorization for property access. Field work for the Alternative B studies is now completed. Technical reports have either been submitted or will be finalized in the near future. Topographic Survey and Road Design (Spriet Associates) - A topographic survey of the proposed access road alignment was completed in April and May 2015. The preliminary road design was prepared in late April, with subsequent minor revisions. In late August, following completion of the Geotechnical Study, further road design work was completed to incorporate geotechnical data on road bed design and minimum side slope requirements. Cut and fill quantities for road construction have then been calculated as part of the cost estimate. The proposed Alternative B road alignment is shown in Figure 2. Natural Heritage Review (Biologic) - Life science inventories, including a breeding bird study and three -season Floral Inventory have been completed. One Special Concern bird was identified (Eastern Wood Pewee). Significant plant species included two Butternut trees and Giant St. John's Wort (S3). A subsequent Butternut Health Assessment report (submitted to the Ministry of Natural Resources and Forestry) concluded that the Butternuts were both hybrids and therefore not protected. If Alternative B is implemented, the Natural Heritage Review may have to be updated as the project proceeds, to consider recently protected species. It is expected that natural heritage concerns can be addressed through implementation measures in the project final design stage. Geotechnical Study (Golder Associates) -A draft report for the geotechnical investigation has been submitted, dated August 14, 2015. The soil investigation consisted of 10 shallow augerholes (1.5 metres deep) located along the proposed road alignment. Augerholes in the north part of the site (field area) indicated a layer of sand under the topsoil. Samples taken on the slope area indicated silty sand, and samples from the lower valley area had silty clay under the silty sand. Recommendations on pavement and slope design were also provided. SPRIET ASSOCIATES - 16.10.2015 - 214202FD01_Draft.wpd 2 88 TABLE 1 PRELIMINARY COST ESTIMATE - ALTERNATIVE B (Access Road to Light Line) Item Est. Cost Total A. Site Preparation Al. Site clearing / grubbing to remove tree cover 25,000 A2. Strip and stockpile topsoil 8,700 A3. Traffic control and signage (Light Line access, Edison Drive bridge area) 2,000 A4. Silt fence around project perimeter (where required) 5,300 C. Additional Project Costs Cl. Class EA, Engineering, Technical Studies (approved budget, plus expenses) 72,900 C2. Geotechnical Study (completed) 3,900 C3. Archaeological Assessment, expanded Stage 2 review area (completed) 2,000 C4. Archaeological Assessment, Stage 3 sites - Locations 1 and 4 (completed) 24,500 C5. Archaeological Assessment - Stage 4 site (max. budget - to be completed) 50,000 C6. Heritage Study on existing bridge, archival photo record (to be completedf) 11,400 C7. Demolish / remove existing bridge after road completed (leave abutments f ) 100,000 C8. Bridge site restoration - remove road approaches, topsoil / seed�2) 10,000 C9. Allowance for property acquisition, legal and survey costs 50,000 C10. Contingency Allowance 30,000 Sub -Total $354,700 ESTIMATED TOTAL -ALTERNATIVE B $1,051,500 NOTES 1. Cost estimates are preliminary, and are rounded to nearest $100. HST not included. 2. Estimated costs for the heritage assessment, existing bridge demolition and site restoration are included for comparison purposes with Alternative D. If Alternative B is implemented, the existing bridge could be closed to traffic and retained until a Heritage Study is completed and a decision is made on the disposition of the bridge. SPRIET ASSOCIATES - 16.10.2015 - 214202FD01_Draft.wpd 3 89 Sub -Total $41,000 B. Road Construction B1. Excavate / fill for road base (est. 26,000 m3), excess material disposal (off-site) 182,000 B2. Granular A, supply and place (est. 5120 tonnes) 92,200 B3. Surface treatment - double layer tar and chip (approx. 1.0 km road, 6.3 m. wide) 53,600 B4. Road drainage - storm drains 128,000 B5. Road drainage - manholes, catchbasins, outlets to Big Otter Creek 101,500 B6. Erosion protection (rip rap) for road ditches, catchbasins, etc. 25,000 B7. Place topsoil on sloped areas 7,800 B8. Supply / install erosion control mat, seed slopes (est. 12,600 sq. m.) 50,400 B9. Install barriers, signage at existing bridge (to be closed after road construction) 2,500 B10. Roadside cable guide rail / braces on curves (est. 300 m of cable guide rail) 12,800 Sub -Total $655,800 C. Additional Project Costs Cl. Class EA, Engineering, Technical Studies (approved budget, plus expenses) 72,900 C2. Geotechnical Study (completed) 3,900 C3. Archaeological Assessment, expanded Stage 2 review area (completed) 2,000 C4. Archaeological Assessment, Stage 3 sites - Locations 1 and 4 (completed) 24,500 C5. Archaeological Assessment - Stage 4 site (max. budget - to be completed) 50,000 C6. Heritage Study on existing bridge, archival photo record (to be completedf) 11,400 C7. Demolish / remove existing bridge after road completed (leave abutments f ) 100,000 C8. Bridge site restoration - remove road approaches, topsoil / seed�2) 10,000 C9. Allowance for property acquisition, legal and survey costs 50,000 C10. Contingency Allowance 30,000 Sub -Total $354,700 ESTIMATED TOTAL -ALTERNATIVE B $1,051,500 NOTES 1. Cost estimates are preliminary, and are rounded to nearest $100. HST not included. 2. Estimated costs for the heritage assessment, existing bridge demolition and site restoration are included for comparison purposes with Alternative D. If Alternative B is implemented, the existing bridge could be closed to traffic and retained until a Heritage Study is completed and a decision is made on the disposition of the bridge. SPRIET ASSOCIATES - 16.10.2015 - 214202FD01_Draft.wpd 3 89 Archaeological Assessment (Mayer Archaeological Consultants) - Stage 1 and 2 archaeological assessments have now been completed for all project areas anticipated to be disturbed bythe proposed Alternative B road construction. Two sites required a more intensive Stage 3 assessment. One site (Location 4) appears to be a Euro -Canadian homestead site dating to the mid -1800's and will require full excavation. This site is extends across the existing road allowance and cannot be avoided. Following discussions with the project archaeologists, a maximum budget of $50,000 will be needed to complete the Stage 4 assessment. Stage 4 work has to be completed in late fall or early spring to avoid crop damage. Once the results of the geotechnical study were available, further engineering design work was completed to determine road slopes and cut/ fill requirements for the proposed road. The road layout shown in Figure 2 is the basis for the preliminary cost estimate outlined in Table 1. A budget of $1,051,500. is proposed. It should be stressed that this budget is preliminary; detailed design has not yet been completed for the proposed road and associated storm drainage system. Note that over 11,800 cu. metres of excess excavated material is planned to be removed from the site. At this planning stage of the project, there are no known adjacent site areas where this substantial quantity of material could be deposited to reduce trucking costs, without causing adverse natural heritage, agricultural or archaeological impacts. For comparison purposes with Alternative D (see below), costs for the heritage assessment, demolition of the existing bridge and bridge site restoration are included. However, Alternative B implementation is not contingent on demolition of the existing bridge (unlike Alternative D) and could be delayed. The budget in Table 1 includes an allowance of $50,000 for property acquisition, legal and survey costs. Property negotiations have not commenced, so it is not known if this allowance is sufficient. Similarly, regulatory agency approvals may require additional mitigation measures, which could increase the project budget. Based on an Engineering Report to Elgin County Council, dated June 10, 2014, a budget of $540,000 has been allocated to construct a new access road that could replace the Edison Drive bridge. The preliminary budget of $1,051,500. for Alternative B is therefore nearly double the allocated project budget. Alternative C - Upgrade Creek Road Although Creek Road is currently not available for public access (there is a gate at the west end of Edison Drive, just west of the last house - see Figure 1), it has periodically been considered as a potential alternative to the bridge, if upgraded. A recent site review indicates that considerable upgrading is needed. • The travelled portion of Creek Road is approx. 1.1 km from the gate north to the closed portion. The road is essentially a narrow farm lane with minimal gravel and a section of approx. 200 metres with a very steep slope that requires extensive reconstruction to reduce the grade. Additional land would be required. • Some road sections are close to the Big Otter Creek bank and would require relocation, likely outside the existing road allowance. Approx. 350 metres of Creek Road has been closed to traffic as a result of erosion within a ravine area. This section has'Road Closed' signage. Vegetation has started to regenerate. A new culvert would be required, plus extensive road upgrading. The costs to upgrade Creek Road for use as a municipal road are expected to exceed Alternative B, since the road is substantially longer and has a similar section with a steep grade. The section now closed to traffic would require either rebuilding (with a new culvert, etc.) or a new section of road developed across farmland. The close proximity of the road to Big Otter Creek would also have to be addressed. In summary, Alternative C would likely have all the costs associated with Alternative B, plus other costly requirements, and therefore is not a viable solution that warrants further study. SPRIET ASSOCIATES - 16.10.2015 - 214202FD01_Draft.wpd 4 90 Alternative E - Do Nothing For this Class EA, the 'Do Nothing' alternative would be a continued use of the bridge, subject to load and height constraints, until bridge closure is required as a result of ongoing structural deterioration. Incremental maintenance on the bridge is not expected to remedy the significant structural deterioration that has already occurred. The existing steel truss bridge was constructed in 1907 and relocated to the current location on Edison Drive over Big Otter Creek in 1944. A new substructure and deck were constructed. Prior to the start of this Class EA, the bridge was estimated to require approximately $350,000. to replace the concrete deck with a new steel deck grating, and repair or replace the rusted steel beams and components. Repairing the existing bridge structure would not change to height and width access constraints on the bridge, and therefore does not address project requirements. Alternative E'Do Nothing' is not considered a viable project solution. 2. ALTERNATIVE D - CONSTRUCT NEW PANEL BRIDGE ON EXISTING ABUTMENTS The alternative of constructing a new replacement Edison Drive bridge was considered before this Class EA was initiated. The capital cost for a new replacement bridge was estimated at approximately $2,000,000. Given the County's estimated daily average traffic count of only 25 cars (AADT) over the bridge, the substantial expenditure for a new bridge could not be justified. Recently, following preparation of the Alternative B cost estimate and consideration of the complex approval requirements for the new road, the County Engineering Services Department proposed that a lower-cost bridge alternative should be investigated. In particular, a pre -fabricated panel bridge was suggested as a potential solution, given the low daily traffic volumes. Alternative D follows this approach. Figure 3 is an example of the panel bridge installed on Clarke Road, Municipality of Bayham. This bridge was constructed in 2011 as a permanent bridge on a low -traffic road. The viability of Alternative D is contingent on using Creek Road as a temporary access road during construction of the new bridge (estimated at two months). During this time, there would be no access across Big Otter Creek to Edison Drive north. Temporary road access to this area from Creek Road is proposed (see Figure 4), and would utilize a private farm lane around the closed part of Creek Road. Based on a recent site visit, Creek Road will require upgrading for use as a temporary access road. As described above (see Alternative C), the travelled portion of Creek Road is approximately 1.1 km from the gate north to the closed portion (see Figure 5A photos). Regrading and the addition of granular material will be needed in road sections with existing ruts and ponding. It is expected that the steep slope section of Creek Road will need more granular and grading work, although as a temporary road it is not feasible to alter the steep slope of the laneway. There is a farm lane (approx. 0.6 km long) on private property (6475 Creek Road) around the closed portion of Creek Road which could be used as a temporary access road to the open portion of Creek Road (see Figure 5B). The following approach is proposed for use of the private lane as a temporary access road: • The section of Creek Road that is now used as a farm lane (shown in yellow on Figure 4) would be upgraded, with grading and additional granular material. The private farm lane, located on 6475 Creek Road, would be utilized as a temporary road connection to the travelled portion of Creek Road (shown as the red line on Figure 4). SPRIET ASSOCIATES - 16.10.2015 - 214202FD01_Draft.wpd 91 • The farm lane would be graded, with granular added where needed. Construction fencing would be placed along the road to prevent vehicle access into private field and farm building areas. Applicable warning signs would also be posted. • The temporary private access road would be maintained as part of the bridge replacement project. Once completed, the temporary fencing and signs would be removed. Any deposited granular material would also be removed. In general, the objective will be to return the private land to pre -construction conditions, for use as a farm lane and agricultural field. • A site meeting between the property owners (6475 Creek Road), Elgin County staff and project consultants will be arranged to discuss project details regarding use of the private Ianeway. • A formal agreement with the property owners (6475 Creek Road) will be needed to permit use of the farm lane as a temporary access road. • An allowance may be also be required for compensation to Edison Drive residents who may require the use of four-wheel drive vehicles to use Creek Road during bridge construction. • If this project is approved and authorized, it is expected that construction would occur in mid -2016 and last about two months. • Details for the temporary access road will be confirmed during final engineering design. The feasibility of Alternative D also depends on the existing abutments being suitable for the installation of a new panel bridge. Constructing wood pile foundations (used for the Clarke Road bridge) would increase the project cost by an estimated $108,000. for the pile foundations (and require a longer bridge). If steel piles are required, the cost increases to an estimated $246,000. for the pile foundation. (Cost estimates are preliminary, based on previously constructed pile foundations for bridges). The estimated cost for Alternative D is outlined on Table 2. Project components for Alternative D include: • Complete a heritage study and archival photo record for the existing Edison Drive Bridge • Upgrades (grading, additional granular where needed) to the temporary Creek Road / private lane detour route around closed portion of Creek Road • Demolition and removal of the existing Edison Drive Bridge • Modify existing concrete abutments for new panel bridge installation • Construct new single lane panel bridge, approx. 110 ft. long, 18 ft. wide (curb to curb), with a wood deck and steel guide rails (Acrow Bridge, or equivalent); Bridge Design load CL 625 truck as per CHBDC 2006, 75 year Design life on steel bridge components. A recent site meeting with an Acrow Bridge engineering representative confirms that a new panel bridge could be assembled and installed from the south side of the existing bridge. • Upgrade and pave Edison Drive road approaches, add guide rails • Restore private lane detour route to pre -construction condition With allowances for the Creek Road and private lane temporary access route included, the proposed budget is $642,000., which is more than $400,000 less than the Alternative B access road to Light Line. SPRIET ASSOCIATES - 16.10.2015 - 214202FD01_Draft.wpd 92 TABLE 2 PRELIMINARY COST ESTIMATE - ALTERNATIVE D (Construct New Panel Bridge on Existing Abutments) Est. Item Cost Total A. Site Preparation Al. Traffic control barriers and signage (bridge site) 1,000 A2. Demolish / remove existing bridge structure (leave abutments) 100,000 Sub -Total $101,000 B. Creek Road Detour Route B1. Creek Road upgrades, maintenance, Edison Drive residents access arrangements 50,000 B2. Private lane upgrades, maintenance, crop compensation, legal costs 50,000 B3. Traffic control signs, temporary fencing for detour route 5,000 Sub -Total $105,000 C. Panel Bridge Cl. Supply / deliver new 110 ft. (33.53 m) Acrow Panel Bridge 182,500 C2. Nose structure required to install from south side (rental / transport costs) 10,000 C3. Modify existing abutments for panel bridge - allowance 30,000 C4. Install bridge on existing abutments 49,700 C5. Supply and install treated wood deck 25,600 C6. Supply and install steel guide rails 5,800 Sub -Total $303,600 1 D. Road and Site Work D1. Upgrade existing road approaches to new bridge elevation 20,000 D2. Asphalt pavement on approaches 10,000 D3. Site restoration - allowance 10,000 D4. Guide rails on road approaches to bridge 6,000 Sub -Total $46,000 1 E. Additional Project Costs E1. Heritage Study (CHER) on existing bridge, archival photo record 11,400 E2. Engineering (survey, design details, plans, inspection), finalize Class EA�2) 45,000 E3. Contingency Allowance 30,000 Sub -Total $86,400 1 ESTIMATED TOTAL - ALTERNATIVE D $642,000 1 NOTES 1. Cost estimates are preliminary, and are rounded to nearest $100. HST not included. 2. Engineering / Class EA budget includes current EA work on Alternative D, but does not include the applicable consulting costs for Alternative B outlined in Table 1. SPRIET ASSOCIATES - 16.10.2015 - 214202FD01_Draft.wpd 7 93 3. SUGGESTED PROJECT APPROACH The project focus since early 2015 has been on Alternative B - Access Road to Light Line. However, the estimated construction cost of $1,051,500. for Alternative B is more than $400,000 higher than Alternative D - Construct New Panel Bridge on Existing Abutments, and nearly double the budget of $540,000 allocated by the County of Elgin for the project. The higher costs for Alternative B have been a result of some extended technical studies (especially the extensive archaeological assessment work required to satisfy regulatory requirements) and the need to design a functional, year-round road with a grade and side slopes that are consistent with municipal design standards and geotechnical recommendations. Suggested Project Approach 1. Alternatives B and D are the only feasible alternatives, in terms of environmental impacts and engineering requirements. Alternative D has the lowest estimated project cost (by more than $400,000) and is closest to the allocated County budget for the project. As well, Alternative D will likely have substantially fewer impacts requiring mitigation during construction, once all environmental factors are considered. a) County of Elgin authorization is needed to consider Alternative D as the preferred alternative for the Class EA planning process. 2. While Alternative D does appear feasible, some additional items should be completed: a) Arrange a site meeting with the owners of 6475 Creek Road to discuss details on using the private farm lane as a temporary Creek Road Access. A formal agreement will be needed. b) Locate County plans of the existing bridge and abutments. The 1907 bridge drawings will be useful information for the Heritage Assessment, and the 1944 abutment plans will be used in designing abutment modifications for the panel bridge. 3. Alternative D has been confirmed as requiring a Schedule B Class EA planning process (the same as Alternative B), although the applicable parameters are different. a) A Cultural Heritage Evaluation on the existing bridge will need to be authorized. The proposed budget, including follow-up archival photography of the bridge, is included in the Alternative D cost estimate. b) A preliminary review of potential natural heritage issues by Dave Hayman at Biologic supports Alternative D (agency follow-up will be needed): "Our preliminary review of Option D - upgrade the bridge crossing only - results in the least impact to the natural heritage system of any of the alternatives. Some minor review of the grading plans and construction details will be required to ensure we have everything well protected and the appropriate Endangered Species Act approval has been obtained (in this case we anticipate a confirmation letter of advice to proceed without contravention of the Act). " c) A Class EA Notice should be advertised and circulated to local residents and review agencies. This Notice should outline Alternative D as the new preferred solution, and also include notification for the public consultation meeting required for a Schedule B project. The public meeting date needs to be set. Project information should be circulated to review agencies with the Notice to determine if there are any additional issues to be addressed. SPRIET ASSOCIATES - 16.10.2015 - 214202FD01_Draft.wpd 94 FIGURE 1 LOCATION OF CLASS EA PROJECT ALTERNATIVES 1,9u:7Mr_&XY0Iy/_\IRWZ11145111MMAE,WIN 9milli 111:1Q101010411Q MLYAW_[Ky*X9:Z0L101yW-I&MA_QK0111Mwas] 0:1KeilOI_1041111Ato] Mol 0:1_\'d:/_1AI W FIGURE 2 ALTERNATIVE B - PROPOSED ROAD ALIGNMENT (CONCEPT) 1,9u:71%r_&W0141/_\IRWZ11145111MMAE,WIN 9milli Q101010411Q VLYAW_[Ky*X9:Z0L101yW-I&MA_QK0111Hwas] 0:1KeilOI_1041111Ato] k4we70:1_\'d:/_1AI 41. FIGURE 3 ACROW PANEL BRIDGE ON CLARKE ROAD, BAYHAM A. VIEW SOUTH ACROSS CLARKE ROAD BRIDGE (PHOTOS: AUGUST 5, 2015) B. VIEW OF BRIDGE FOOTING C. (BELOW)ANGLE VIEW OF BRIDGE SPRIET ASSOCIATES - 2015-10-15 - 214202FD01 F03 EDISON DRIVE ACCESS ROAD CLASS EA - COUNTY OF ELGIN AND MUN. OF BAYHAM 97 FIGURE 4 ALTERNATIVE D - LOCATION OF TEMPORARY ACCESS ROAD (CREEK ROAD / PRIVATE FARM LANE) 1,9u:71%r_&W0141/_\IRWZ11145111MMAE,WIN 9milli 7oL:1Q101010411Q VLTAW_[Ky*X9:Z0L101yW-I&MA_QK0111Hwas] 0:1xeilOI_1041111Ato] k4we70:1_\'d:/_1AI 94*1 FIGURE 5A PHOTOS - CREEK ROAD (LANE AND CLOSED SECTION) A. VIEW OF CREEK ROAD AT SOUTH END, NEAR GATE (PHOTOS: SEPTEMBER 4, 2015) B. CREEK ROAD - STEEP SLOPE REQUIRING IMPROVEMENTS FORACCESS C. (BELOW) CLOSED PORTION OF CREEK ROAD SPRIET ASSOCIATES - 2015-10-15 - 214202FD01 F05A EDISON DRIVE ACCESS ROAD CLASS EA- COUNTY OF ELGIN AND MUN. OF BAYHAM 99 FIGURE 5B PHOTOS -PRIVATE FARM LANE (PROPOSED TEMPORARY ACCESS ROAD) A. VIEW NORTH - INTERSECTION OF PRIVATE FARM LANE AND CREEK ROAD (CLOSED SECTION SHOWN) (PHOTOS: SEPTEMBER 4, 2015) B. PRIVATE FARM LANE ALONG EDGE OF FIELD C. (BELOW) EXISTING FARM BUILDINGS ARE NEAR THE LANE -FENCING REQUIRED SPRIET ASSOCIATES - 2015-10-15 - 214202FD01 F05B EDISON DRIVE ACCESS ROAD CLASS EA - COUNTY OF ELGIN AND MUN. OF BAYHAM 100 m/1 N REPORT TO COUNTY COUNCIL FROM: Steve Evans, Manager of Planning DATE: October 14, 2015 SUBJECT: Withdrawal of Approval for a Plan of Subdivision Part Lot 10, Concession 2 Dixie Estates Subdivision Phase 3 Township of Malahide File No.: 34T-89003 Owner: 1370934 Ontario Inc. (Mark Wales) INTRODUCTION: This report is to advise County Council that the owner of the above noted plan of subdivision wishes to have final approval withdrawn as the proposed residential development will not be proceeding at this time. DISCUSSION: Final approval was given for this plan of subdivision in the Township of Malahide on July 30, 2015 (see attached report and maps).This plan constitutes the third phase of a 46 lot draft plan of subdivision that was approved by the Ministry of Municipal Affairs and Housing on March 19, 1991. Following final approval the County was advised that the owner would not be proceeding with the development at this time and agreed to have the County withdraw its approval. This matter is being brought before Elgin County Council for consideration as "withdrawal of approval" is permitted where a final plan of subdivision is not registered within 30 days of the date of approval under Section 51 (59) of the Planning Act. CONCLUSION: Withdrawing approval for this plan of subdivision is based on the fact that the plan has not been registered within 30 days as required by the Planning Act and the owner has advised that this residential development will not be proceeding at this time. In order for this plan of subdivision to proceed in the future, the owner may be required to submit a new application and enter into new agreements. RECOMMENDATION: THAT Elgin County Council withdraws final plan approval for subdivision File No. 34T- 89003 Dixie Estates, Phase 3 and that the Owner and the Township of Malahide be given notice of this decision. All of which is Respectfully Submitted Approved for Submission Steve Evans Mark G. McDonald Manager of Planning Chief Administrative Officer 101 m/1 N REPORT TO COUNTY COUNCIL FROM: Steve Evans, Manager of Planning DATE: August 11, 2015 SUBJECT: Final Approval for a Plan of Subdivision Part Lot 10, Concession 2 Dixie Estates Subdivision Phase 3 Township of Malahide File No.: 34T-89003 Owner: 1370934 Ontario Inc. (Mark Wales) INTRODUCTION: This report is to advise County Council that final approval was given for a plan of subdivision in the Township of Malahide on July 30, 2015 (see attached maps). DISCUSSION: This plan of subdivision constitutes the third phase of a 46 lot draft plan of subdivision that was approved by the Ministry of Municipal Affairs and Housing on March 19, 1991. The Ministry previously granted final approval to phases one and two after which the approval authority was transferred to the County of Elgin. The owner recently sought final approval for phase three comprising 10 building lots. The subject lands are located in the Township of Malahide in the hamlet of Copenhagen which is a Tier 2 settlement where only piped municipal water is provided. The building lots in this plan of subdivision will require on-site private sewage systems. The County has received a clearance letter from the Township of Malahide which indicates that all conditions of draft approval have been satisfied. In accordance with By -Law No. 13-28 "A By -Law to Delegate Certain Authorities... " the Manager of Planning has been given the authority to approve final plans of subdivision once all of the conditions of draft plan approval have been met and after clearance letters have been received. CONCLUSION: This report is to advise that final approval of this plan of subdivision was granted and the plans were signed by the Manager of Planning on July 30, 2015 and forwarded to the Elgin County Land Registry Office for registration. The Township of Malahide and the developer's agent have been notified. RECOMMENDATION: THAT the report titled "Final Approval for a Plan of Subdivision (1370934 Ontario Inc.)" from the Manager of Planning, dated August 11, 2015, be received and filed. All of which is Respectfully Submitted Approved for Submission Steve Evans Mark G. McDonald Manager of Planning Chief Administrative Officer 102 l � � / /, ✓///r, f,� r� ,JJ rrJl r,/ y n //l..//� � % I 'v':." l I rr- ��/��i'� %//� r/ % rrr,,,/i ;; , Y`✓'?,,. ..,. /, � ,,.e r��J�l� ' // �v// � , l� ::r ' r r../ r. //' �//�� /h✓r/,%.'/I j iA•b, ,, .. /// j r,r j" /////////l,� � -� >/ ii .I �r ' /, 5/';/ ✓ ��/,iii/ /�/, r;A ✓r ,i/i r / i/iii / a ( l� J ' jKey Map I I' � �/� !r,.�%%l �� ,. %/�//"' 1 f/ /uu!��/„ ��'" /'i/r✓f 'rrr „r ,,,� 1„y/ r, /Jr .I ISI, I � RI /�'/ '> ._:JAMESTOWN LINE Irl iY� I'IIIf a I PI / ,., �' I' r. ✓. /,..�� I ld I I I �%/ .�r�J/�, �iJ /.,/ /e rA/�/ F � /. r s �..I / � //! �vP. /,✓'/�/✓/ rr r,r ir.:.i ,. lr: r)� �� 1 //�) t i / � �� /I r.. /. � /,i rr/// / W. 11 �� / // e✓ /%/ . � �//� ,,, r� /e; r ✓ /�� I, �/r / "� . � l /e// ,,,/, r , .y , l� I rl � h I ; /,J ��/?///✓ r , // , r� , rrr f � ,, / � �/ �I ,: I I .. 1� / / ,rrr 'Q /. 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J'''•A � l.�j ,� ✓ �.. i ✓ r/ ,.. l I r, >: // lyi fi , Ir� i is{I Map Produced by: r / -/� � i trP�rr ,mdmNr Township of Malahide GIS Department Projection: NAD 83 UTM Zone 17 Date: July 30, 2015 J i / This drawing is neither a � I 1 ./ �� I �L legallyrecor e map r/w�'- NOVA SC I LINE w,A-, 11 no a survey and is not intended to be used as one. cWANI/ „urrr m/1 N REPORT TO COUNTY COUNCIL FROM: Steve Evans, Manager of Planning DATE: October 14, 2015 SUBJECT: Draft Approval for a Plan of Subdivision Part of Lots 40, Concession SENBTR 10065 Talbotville Gore Road Township of Southwold File No.: 34T-SO1501 Owner: 1873828 Ontario Ltd. c/o Dave Sparenberg INTRODUCTION: This report will provide County Council with information required in order to consider granting draft plan approval to the above noted plan of subdivision. In accordance with Section 51 of the Planning Act, the Council of the County of Elgin, the "Approval Authority” is required to make a decision which gives or refuses to give approval to a draft plan of subdivision. DISCUSSION: The lands that are the subject of this application for draft plan approval are located in Talbotville (see attached plan and location map). The owner is requesting approval of a "Plan of Subdivision" on which is proposed sixty-seven (67) single detached residential dwellings. Adjacent land uses include existing residential dwellings to the north and east and agricultural lands to the south and west which include low areas along Dodds Creek and woodlands to the west. This application was accepted as "complete" on July 27, 2015 by the County of Elgin. The developer submitted documents to support the proposed subdivision including a Planning Justification Report, Geotechnical Engineering Report, Environmental Impact Study, Servicing Report, Stormwater Management Report and an Archaeological Assessment. A Traffic Impact Assessment will be provided as a condition of final approval. The proposed plan of subdivision is located in Talbotville, and designated in the Elgin County Official Plan as a Tier 2 settlement area where partial services (piped municipal water) is available. The subject lands are designated as Residential in the Southwold Official Plan and appropriate zoning will be applied following draft plan approval. A statutory public meeting was held by the Township on August 17, 2015 and a number of concerns were raised by neighbours, about increases in traffic and the need for sidewalks along Talbotville Gore Road. There was also a concern from an abutting landowner about erosion on gully lands to the south of the proposed development. No written comments or objections were received by the Clerk of the Township. 104 Following the public meeting the Township of Southwold forwarded information to Elgin County as required under the Planning Act. As part of the County's consultation process various ministries and agencies including the Ministry of Environment and Climate Change, Ministry of Natural Resources and Forests, Kettle Creek Conservation Authority, Canada Post, Hydro One, Union Gas and the Elgin County Director of Engineering Services provided comments. The most significant comments are as follows: • MOECC considers approval of the draft plan of subdivision to be premature given that the Class C Class EA for the proposed Waste Water Treatment Plant (WWTP) in Talbotville has not been concluded. The MNRF indicated that adequate Species at Risk (SAR) field work has not been completed for this project. In addition MNRF states that any woodland clearing on the property be consistent with the policies of the Provincial Policy Statement 2014. • The Director of Engineering Services for the County of Elgin requires a Traffic Impact Study and a second access to the property for emergency services. This plan of subdivision will require full municipal servicing including piped water and sewers. Currently, Talbotville has a piped municipal water service that can accommodate this residential development; however, a municipal sewerage system and a waste water treatment plant (WWTP) will be needed. The Township of Southwold commissioned a Master Servicing Plan to improve development opportunities within Talbotville and Ferndale. Stantec was hired to carry out the necessary work in accordance with the Municipal Class EA process and is now proceeding to finalize the Class C Class EA for the proposed WWTP. Stantec is also in the final stages of completing an Assimilative Capacity Study (ACS) for the outfall of the WWTP. There are a number of factors that prevent the MOECC from giving its approval to this proposed development as stated in the minutes of a September 28, 2015 meeting with the developer and the Township: In reviewing this application in the absence of a completed Class EA process and firmly established project viability, the MOECC considers the risk that the proposed WWTP may not survive the scrutiny of the future Class EA process or may never reach the point of being funded, constructed or have subsequent required approvals issued. These are things that are not within the developer's control. The MOECC would not consider conditions of approvals that are not within the developer's control to satisfy. MOECC identified funding as a condition that was outside the developer's control to satisfy. In this respect, the Township has provided the County with assurances that funding of the WWTP will be guaranteed by the municipality (see attached letter). Future Class EA approvals are clearly outside of the developer's control and impose a risk to the development of the subdivision. However, the developer has agreed to take on this liability. In this respect the developer will be required to fulfill conditions attached to a draft plan approval that will prevent final approval until the Class EA process is complete and MOECC has given its approval and tenders have been let by the Township. 105 CONCLUSION: The Manager of Planning has reviewed File No. 34T-SO1501 and has prepared conditions for draft approval which are attached for Council's review. These conditions have been reviewed by the Township of Southwold and by the applicant and no changes have been requested. Based on the above the Manager of Planning is satisfied that this plan of subdivision is consistent with the Provincial Policy Statement, complies with the County of Elgin and Southwold Township Official Plans and the lands will be zoned appropriately in the Southwold Township Zoning By-law. As well, the Manager of Planning is satisfied that this application has had regard to subdivision criteria as set out in Section 51 (24) of the Planning Act and that the conditions, as attached, are considered to be reasonable. If County Council approves this draft plan of subdivision the owner will be responsible for fulfilling the conditions before final approval can be given. RECOMMENDATIONS: THAT the Council of the Corporation of the County of Elgin grants draft plan approval to 1873828 Ontario Ltd. c/o Dave Sparenberg Draft Plan of Subdivision (10065 Talbotville Gore Road) in the Township of Southwold (Talbotville) File No. 34T-SO1501; and, THAT staff be directed to provide notice of this decision subject to the conditions for final approval in accordance with the Planning Act. All of which is Respectfully Submitted Approved for Submission Steve Evans Mark G. 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F• : ��y � ✓k 53'%!/'✓/� Z✓%��//jr% ACD1T1uVN. iNFORMk" `' ' SEQTION 1 (1 4 f � ' • MURK _ f .'. n: Map Produced by: Townshipof Malahide , � - -18,1381 - GIS Department fAL136iViLl Projection: NAD 83 rojection� UTM Zone 17 't.17/t ()h -I1, TA:a1 Y _ s z Date. Oct 1 015 k . PP1,,4 1 4 RIC This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. Applicant: 1873828 Ontario Ltd. Date of Decision: , 2015 10065 Talbotville Gore Road Date of Notice: , 2015 File No.: 34T-SO1501 Last Date of Appeal , 2015 Municipality: Township of Southwold Lapsing Date: Subject Lands: Part Lots 40 Concession SENBTR Township of Southwold NOTICE OF DECISION On Application for Approval of Draft Plan of Subdivision Subsection 51(37) of the Planning Act Approval of a Draft Plan of Subdivision in respect of the subject lands noted above was given on by the County of Elgin. A copy of the conditions for final approval is attached. When and How to File an Appeal Notice to appeal the decision to the Ontario Municipal Board must be filed with the County of Elgin no later than 20 days from the date of this notice as shown above as the last date of appeal. The notice of appeal should be sent to the attention of the Manager of Planning, at the address shown below and it must, (1) Set out the reasons for the appeal, and (2) Be accompanied by the fee prescribed under the Ontario Municipal Board Act in the amount of $125.00, payable by certified cheque to the Minister of Finance, Province of Ontario. Who Can File an Appeal Only individuals, corporations or public bodies may appeal the decision in respect of a proposed plan of subdivision to the Ontario Municipal Board. An appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or group. Right of Applicant or Public Body to Appeal Conditions The applicant or any public body may, at any time before the final plan of subdivision is approved, appeal any of the conditions imposed by the County of Elgin by filing with the Manager of Planning a notice of appeal. How to receive Notice of Changed Conditions The conditions of an approval of draft plan of subdivision may be changed at any time before the final approval is given. You will be entitled to receive notice of any changes to the conditions of approval of draft plan of subdivision if you have either, (1) Made a written request to be notified of the decision, or (2) Made a written request to be notified of changes to the conditions of approval of the draft plan of subdivision. Other Related Applications: Zoning By -Law Amendment 2015-09 Getting Additional Information Additional Information about the application is available for public inspection during regular office hours at the County of Elgin at the address noted below. Mailing address for Filing a Notice of Appeal County of Elgin 450 Sunset Drive, 3d Floor St. Thomas, ON N5R 5V1 Attention: Manager of Planning Telephone: (519) 631-1460 Fax: (519) 633-7661 Email: sevans _elineca Applicant: 1873828 Ontario Ltd. Date of Decision: , 2015 10065 Talbotville Gore Road Date of Notice: , 2015 File No.: 34T-SO1501 Last Date of Appeal , 2015 Municipality: Township of Southwold Lapsing Date: Subject Lands: Part Lots 40 Concession SENBTR Township of Southwold The conditions and amendments to final plan of approval for registration of this Subdivision as provided by the County of Elgin are as follows: No. CONDITIONS That this approval applies to the draft plan of subdivision, prepared by Bruce Baker, Ontario Land Surveyor, dated February 13, 2015, which shows: • 67 single detached residential building lots (Lots 1-67 inclusive) • One (1) block for future residential use (Block 68) • One block for storm water management (Block 69) • One block for future road right-of-way (Block 70) 2. That the road allowances included on the draft plan shall meet the standards of the Township of Southwold and be shown and dedicated as public highways on the final plan submitted for approval and registration. 3. The streets within the draft plan of subdivision shall be named to the satisfaction of the Township of Southwold. 4. That any dead ends and/or open sides of road allowances created by this plan of subdivision shall be terminated in 0.3 metre reserves to be conveyed and held in trust by the Township of Southwold until required for future road allowances or the development of adjacent land. 5. That the owner shall provide additional property for park and recreational purposes or cash -in -lieu of parkland in the amount five percent (5%) of the land value to the Township of Southwold, pursuant to Section 51.1(3) of the Planning Act R.S.O. 1990. 6. That the owner enters into a subdivision agreement, pursuant to the authority of section 51(26) of the Planning Act, as amended, with the Township of Southwold wherein the owner agrees to satisfy all the requirements, financial and otherwise, of the Township of Southwold concerning the installation of services including roads, sanitary sewerage collection system, water distribution system, utilities and stormwater management facilities for the development of the lands within the plan. 109 Applicant: 1873828 Ontario Ltd. Date of Decision: , 2015 10065 Talbotville Gore Road Date of Notice: , 2015 File No.: 34T-SO1501 Last Date of Appeal , 2015 Municipality: Township of Southwold Lapsing Date: Subject Lands: Part Lots 40 Concession SENBTR Township of Southwold 7. That the owner is required to service the lands by connecting to a municipal sanitary sewerage collection system. Such system and the location of a waste water treatment plant are subject to a Class EA which requires the approval of the MOECC. 8. That the owner shall provide easements as may be required for services, utility or drainage purposes in a form satisfactory to the Township or utility. 9. That prior to final approval the Township shall advise that appropriate zoning is in effect for the plan of subdivision. 10. That the subdivision agreement, where required, contain a provision, prepared to the satisfaction of the Township, regarding phasing or timing of the development. 11. That the subdivision agreement between the owner and the Township of Southwold be registered against the lands to which it applies once the plan of subdivision has been registered. 12. That the subdivision agreement between the owner and the Township contain a provision requiring the owner to install geodetic monuments within the subdivision. The number, specifications and location of the monuments are to be approved by the Township of Southwold prior to final plan approval and registration. 13. That the Township requires implementation of the mitigative measures that are provided in Section 6 of the Environmental Impact Study (EIS) report, Environmental Impact Study, 10065 Gore Road, Township of Southwold, Leonard + Associates in Landscape Architecture, November, 2014. 14. That the Subdivision Agreement between the Owner and Township shall contain provisions requiring: a. All services, which in the opinion of the Township are necessary for the development of the lands within the Plan, such services being hereinafter called the "necessary services" shall be in place before development begins. b. Development may begin before all necessary services are in place if the Township is satisfied that adequate arrangements have been made to ensure that the necessary services shall be provided in a timely manner as development proceeds. 110 Applicant: 1873828 Ontario Ltd. Date of Decision: , 2015 10065 Talbotville Gore Road Date of Notice: , 2015 File No.: 34T-SO1501 Last Date of Appeal , 2015 Municipality: Township of Southwold Lapsing Date: Subject Lands: Part Lots 40 Concession SENBTR Township of Southwold 15. That prior to final approval, the Township shall confirm that there is uncommitted reserve sewage and water treatment capacity to service the development and that the proposed arrangements for stormwater management are acceptable and can be assumed by the Township of Southwold. 16. That the Owner provide a storm water management report satisfactory to the Township and that the subdivision agreement between the Owner and the Township contain provisions regarding the development, implementation, installation, dedication and maintenance of the storm water management facilities. 17. That the owner shall adhere to the recommendations within the Geotechnical Engineering Report entitled "1873828 Ontario Ltd. Planned Residential Subdivision 10065 Talbotville Gore Road Southwold Township Ontario" prepared by LVM, dated May 9, 2013 (Ref No.: P161 -B -0004858 -1 -GE -R-0001-00) 18. That the owner prepare a detailed sedimentation and erosion control mitigation plan to the satisfaction of the Township of Southwold and Kettle Creek Conservation Authority (KCCA). 19. That the owner shall be responsible for implementing and maintaining sediment and erosion controls within the plan until such time as the Township assumes the roads and associated services. 20. Prior to final approval, the owner shall contact the licensed communication/ telecommunication service providers within the Township prior to commencing any work within the plan, and confirm that sufficient wire line communication/ telecommunication infrastructure is currently available to provide communication/ telecommunication service to the proposed development. In the event that such infrastructure is not available, the owner is hereby advised that the owner may be required to pay for the connection to and/or extension of the existing communication/telecommunication infrastructure. If the owner elects not to pay for such connection to and/or extension of the existing communication/ telecommunication infrastructure, the owner shall be required to demonstrate to the Township that sufficient alternative communication/telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of communication/ telecommunication services for emergency management services (i.e. 911 Emergency Services). The owner shall provide the Township with written confirmation from the licensed service providers that communication/telecommunication infrastructure will be available to the plan. 111 Applicant: 1873828 Ontario Ltd. Date of Decision: , 2015 10065 Talbotville Gore Road Date of Notice: , 2015 File No.: 34T-SO1501 Last Date of Appeal , 2015 Municipality: Township of Southwold Lapsing Date: Subject Lands: Part Lots 40 Concession SENBTR Township of Southwold 21. That prior to final approval, arrangements shall be made to the satisfaction of the Township for the relocation of any utilities that may be required as a result of the development of the subject lands, such relocation shall be undertaken at the expense of the Owner. 22. That prior to final approval the Owner shall ensure that the requirements of Canada Post as set out below are satisfied. a. The owner shall: i. include in all offers of purchase and sale, a statement that advises the prospective purchaser that mail will be delivered via a community mail box; ii. note the locations of the community mail box within the development; and, iii. Notify affected homeowners of any established easements granted to Canada Post to permit access to the community mail box. b. The owner further agrees to i. Consult with Canada Post to determine suitable permanent locations for the community mail box, which locations shall be indicated by the developer on the appropriate servicing plans; ii. prior to offering any units for sale, display a map on a wall of the sales office in a place readily accessible to potential homeowners that indicates the location of the community mail box within the development, as approved by Canada Post; iii. provide a suitable and safe temporary site for a community mail box until curbs, sidewalks and final grading are completed at the permanent community mail box location; iv. provide Canada post with the excavation date for the first foundation/first phase as well as the date development work is scheduled to begin; v. Provide the expected installation date for the community mail box pad; and, vi. provide the following for the community mail box and to include these requirements on the appropriate servicing plans: • Any required walkway across the boulevard, per municipal standards; and, 112 Applicant: 1873828 Ontario Ltd. Date of Decision: , 2015 10065 Talbotville Gore Road Date of Notice: , 2015 File No.: 34T-SO1501 Last Date of Appeal , 2015 Municipality: Township of Southwold Lapsing Date: Subject Lands: Part Lots 40 Concession SENBTR Township of Southwold • Any required curb depressions for wheelchair access, with an opening of at least two metres (consult with Canada Post for detailed specifications). 23. That the Subdivision Agreement between the Owner and the Township include a clause that the Owner agrees to inform all Purchasers of residential lots by including a condition in all Purchase Agreements stating that the construction of additional public school accommodation is dependent upon funding approval from the Ontario Ministry of Education, therefore the subject community may be designated as a "Holding Zone" by the Thames Valley District School Board and pupils may be assigned to existing schools as deemed necessary by the Board. 24. That prior to final approval, no grading or other soil disturbances shall take place on the subject property prior to the Owner's Licensed Archaeologist providing a letter to the Municipality and the County indicating that there are no further concerns for impacts to archaeological sites on the subject lands. This is to be accompanied by a Ministry of Tourism, Culture and Sport letter indicating that the licensee has met the terms and conditions for Archaeological Licensing and that the report has been entered into the Ontario Public register of archaeological reports. 25. That prior to final approval of the plan of subdivision, the Clerk of the Township of Southwold shall advise in writing how conditions 1 to 16, 20 and 21 have been satisfied. 26. That prior to final approval of the plan of subdivision, Canada Post shall advise in writing how condition 22 has been satisfied. 27. That prior to final approval of the plan of subdivision, Kettle Creek Conservation Authority shall advise in writing how conditions 17 to 19 have been satisfied. 113 Applicant: 1873828 Ontario Ltd. Date of Decision: , 2015 10065 Talbotville Gore Road Date of Notice: , 2015 File No.: 34T-SO1501 Last Date of Appeal , 2015 Municipality: Township of Southwold Lapsing Date: Subject Lands: Part Lots 40 Concession SENBTR Township of Southwold NOTES TO DRAFT APPROVAL: 1. It is the applicant's responsibility to fulfill the conditions of draft approval 2. It is suggested that the applicant be aware of section 144 of the Land Titles Act and subsection 78(10) of the Registry Act. Subsection 144 (1) of the Land Titles Act requires that a plan of subdivision of land that is located in a land titles division be registered under the Land Titles Act. Exceptions to this provision are set out in subsection 144(2). Subsection 78(10) of the Registry Act requires that a plan of subdivision of land that is located only in a registry division cannot be registered under the Registry Act unless that title of the owner of the land has been certified under the Certification of Titles Act. Exceptions to this provision are set out in clauses (b) and (c) of subsection 78(10). 3. The owner is advised that a permit shall be obtained from Kettle Creek Conservation Authority prior to any development and/or site alterations upon Lots 39 through 59 and Block 69 of this draft plan of subdivision. 4. The owner is advised that in the event that deeply buried archaeological remains should be discovered during construction, it is recommended that archaeological staff of the Ontario Ministry of Tourism, Culture and Sport be notified immediately. Similarly, in the event that human remains should be encountered during construction, it is recommended that the proponent immediately notify the Ontario Ministry of Tourism, Culture and Sport and the Registrar of the Cemeteries Regulation Unit of the Cemeteries Branch. 5. The Ontario Land Surveyor responsible for preparing the final plan for registration should contact the Township of Southwold regarding the preparation of the final plan to ensure the requirements of draft approval are properly addressed in the preparation of the final plan and that the final plan prepared contains sufficient geodetic information to locate the plan within the UTM Coordinate System, North American Datum 1983, prior to submitting the plan for final approval. A digital copy of the final plan, in a form satisfactory to the Township, is required as part of the final plan submission. 6. Inauguration, or extension of a piped water supply, a sewage system or a storm drainage system, is subject to the approval of the Ministry of the Environment under Sections 52 and Section 53 of the Ontario Water Resources Act. 114 Applicant: 1873828 Ontario Ltd. Date of Decision: , 2015 10065 Talbotville Gore Road Date of Notice: , 2015 File No.: 34T-SO1501 Last Date of Appeal , 2015 Municipality: Township of Southwold Lapsing Date: Subject Lands: Part Lots 40 Concession SENBTR Township of Southwold 7. The owner is hereby advised that the review of this plan of subdivision did not include groundwater, soil or atmosphere testing to fully discount the possibility that waste materials and/or other contaminants are present within or in close proximity to this subdivision. If either the owner or the Township requires such assurance before proceeding with this plan of subdivision, a team of consultants should be retained to conduct any necessary investigations. 8. The Ministry of the Environment and Climate Change must be advised immediately should waste materials or other contaminants be discovered during the development of this plan of subdivision. If waste materials or contaminants are discovered, a further approval under Section 46 of the Environmental Protection Act may be required from that Minister. 9. The owner is advised that if any unplugged petroleum wells or associated works are identified during the development of the site, the owner shall notify the Petroleum Resources Centre of the Ministry of Natural Resources. The owner shall plug the wells and rehabilitate the surface according to the Provincial Standards of the Oil, Gas and Salt Resources Act. The Ministry of Natural Resources recommends that no structures be built immediately over a plugged petroleum well. 10. Should the owner or the Township require underground Bell Canada facilities to serve this subdivision, the owner must confirm with the Township that satisfactory arrangements have been made with Bell Canada for underground services. The owner is also advised that, should any conflicts with the existing Bell Canada facilities or easements arise, the owner shall be responsible for realignments or relocation. Further, the owner is to provide easements as required to service this subdivision. 11. It is suggested that the Township register the subdivision agreement as provided by subsection 51(26) of the Planning Act, against the land to which it applies, as notice to prospective purchasers. 115 Applicant: 1873828 Ontario Ltd. Date of Decision: , 2015 10065 Talbotville Gore Road Date of Notice: , 2015 File No.: 34T-SO1501 Last Date of Appeal , 2015 Municipality: Township of Southwold Lapsing Date: Subject Lands: Part Lots 40 Concession SENBTR Township of Southwold 12. Clearances are required from the following agencies Mr. Ken Loveland, CAO/Clerk Township of Southwold 35663 Fingal Line Fingal, ON NOL 1 KO Delivery Services Officer Delivery Planning Canada Post Corporation 955 Highbury Ave London, ON N5Y 1A3 Mr. Joe Gordon, Director of Operations Kettle Creek Conservation Authority 44015 Ferguson Line St. Thomas, ON N5P 3T3 If the agency's condition concerns a clause in the subdivision agreement, a copy of the agreement should be sent to them. This will expedite clearance of the final plan. A copy of the agreement is also required by the County of Elgin. 13. All measurements on subdivision and condominium final plans must be presented in metric units. The final plan must be submitted digitally in AutoCAD (DWG) and Portable Document Format (PDF) with the appropriate citation from the Planning Act used. The AutoCAD (DWG) file must be consistent with the following standards: Georeferenced to the NAD83 UTM Zone 17M coordinate system. All classes of features must be separated into different layers. Each layer should be given a descriptive name so that the class of feature it contains is recognizable. The final plan approved by the County of Elgin must include the following paragraph on all copies (3 mylars and 4 paper) for signature purposes: 116 Applicant: 1873828 Ontario Ltd. 10065 Talbotville Gore Road File No.: 34T-SO1501 Municipality: Township of Southwold Subject Lands: Part Lots 40 Concession SENBTR Township of Southwold Approval Authority Certificate Date of Decision: , 2015 Date of Notice: , 2015 Last Date of Appeal , 2015 Lapsing Date: This final plan of subdivision is approved by the County of Elgin under Section 51 (58) of the Planning Act, R. S. O. 1990, on this day of 20 Manager of Planning 14. The approval of this draft plan of subdivision File No. 34T-CE1501 will lapse on , 2018, pursuant to subsection 51(32) of the Planning Act, as amended. It is the responsibility of the owner to request an extension of the draft approval if one is needed. A request for extension should be made at least 60 days before the approval lapses since no extension can be given after the lapsing date. The request should include the reasons why an extension is needed and a resolution in support of the extension from Council of the Municipality of Central Elgin. 15. The final plan approved by the County of Elgin must be registered within 30 days or the County may withdraw its approval under subsection 51(59) of the Planning Act. 117 TOWNSHIP OF SOUTHWOLD 35663 Fingal Line Fingal, ON NOL IKO OFFICE OF THE CLERK �, qf� Phone: (519) 769-2010 2" �� Far: (519) 769-2837 Email: ea October 15, 2015 County of Elgin 450 Sunset Drive St. Thomas, ON N5R 5V1 Attention: Steve Evans, Manager of Planning Dear Mr. Evans: Email: sevans@elgin.ca RE: Draft Plan of Subdivision Approval File No. 34T -SO -1501 On behalf of the Council of the Township of Southwold, I would like to request that the County of Elgin proceed with draft approval of the above mentioned Plan of Subdivision. The Township of Southwold is committed to the financing of the sewage treatment plant for this area indicated in the Talbotville & Ferndale Master Serving Plan completed earlier this year. If you have any questions concerning this matter or you would like to discuss the required conditions please contact the undersigned. Yours truly, Ken Loveland CAO/Clerk Cc: Rick Dykstra, P. Eng, Ricor Cameron Gorrie, Stantec Dave Sparenberg 118 yiu�wnnU111�� IAgin! REPORT TO COUNTY COUNCIL FROM: Steve Evans, Manager of Planning DATE: October 15, 2015 SUBJECT: Approval for Official Plan Amendment Applicant: Township of Malahide File No.: MA-OPA14-15 INTRODUCTION: This report will provide County Council with information required in order to consider granting approval to the above noted Official Plan Amendment. The purpose of the above noted Official Plan Amendment is to update the Township of Malahide Official Plan policies to more broadly address community improvement goals and objectives and to expand community improvement project areas. This amendment is required as part of a County Economic Development initiative called "Elgincentives". This initiative will deliver Community Improvement funding through a County -wide framework that will be administered through local Community Improvement Plans. Most local official plans include community improvement policies for downtown main streets, industrial areas and residential areas in towns and villages. The "Elgincentives" initiative proposes to expand community improvement project areas to include all agricultural areas and the lakeshore areas in Elgin County. As such, each lower tier municipality in the County has adopted its own Official Plan Amendment that will be consistent with the County's "Elgincentives Community Improvement Planning Framework" with a focus on economic growth and the promotion of tourism. With revised policies in place and expanded community improvement project areas, municipalities are eligible for a wider array of programs and funding sources made possible through their respective Community Improvement Plans. Section 28 of the Planning Act provides for local municipalities and prescribed upper tier municipalities to adopt Community Improvement Plans and designate Community Improvement Project Areas. The Planning Act also allows for an upper tier municipality to make grants or loans to the Council of a lower tier municipality for the purposes of carrying out a community improvement plan that has come into effect. The upper tier can only make grants or loans if it has an official plan that contains provisions relating to the making of such grants or loans. Section F6.2 of the Elgin County Official Plan includes such provisions as follows: County Council may make grants or loans to the council of a lower tier municipality for the purpose of carrying out a community improvement plan that has come into effect, on such terms as to security and otherwise as the council considers appropriate. Elgin County is not a "prescribed upper tier" under section 28 of the Planning Act and as such the County has no authority to adopt its own Community Improvement Plan. As a result Elgin has taken an innovative approach in preparing "The Elgincentives Community Improvement Planning Framework" in an effort to advance local economic goals and priorities in a coordinated manner across the County. The framework was prepared in order to advance a coordinated approach to economic development that will see significant, County -wide benefits. The key areas of focus include a) downtowns and main street areas; b) agricultural areas; c) ports and lakeshore areas; and d) other key tourist and outdoor recreational areas. DISCUSSION: The County of Elgin engaged the services of a consultant, Meridian Planning, to develop the framework for a County -wide approach to Community Improvement that would enhance and not duplicate the Community Improvement Plans that exist in many of the local municipalities in Elgin County. Meridian Planning held consultation sessions with municipal and business representatives and held discussions with the province regarding Elgin County's innovative approach. As a result of background research, consultation and the efforts of staff, the consultant drafted a County -wide vision and implementation document that could be used as a framework to provide County -wide Community Improvement funding in a coordinated manner through its seven local municipalities. Given that Elgin County does not have any statutory authority to adopt a Community Improvement Plan; each local municipality will be adopting its own CIP which will ensure that community improvement efforts across Elgin County are undertaken in a coordinated manner. In this regard the County will administer the "Elgincentives Community Improvement Planning Framework" through these local CIP's. The Township of Malahide held a statutory public meeting to consider Official Plan Amendment No. 14 on May 21, 2015 and County staff was in attendance. No objections were received from the public. Elgin County circulated this draft amendment to the Ministry of Municipal Affairs and Housing for comment on March 3, 2015. The Ministry provided specific recommended changes to the wording of the Amendment and those changes were made prior to local municipal Council adoption by By-law 15-37. CONCLUSION: The Council of the Township of Malahide supports this Official Plan Amendment and no objections were received from the public. The Manager of Planning has reviewed file MA-OPA14-15 along with the background material that was submitted by the Township of Malahide. Based on the above the Manager of Planning is satisfied that this Official Plan Amendment is consistent with the Provincial Policy Statement and conforms to both the County of Elgin and Township of Malahide Official Plans. RECOMMENDATIONS: THAT the Council of the Corporation of the County of Elgin gives approval to Official Plan Amendment No. 14 to the Township of Malahide Official Plan, File No. MA-OPA14-15; and, THAT staff be directed to provide notice of this decision in accordance with the Planning Act. All of which is Respectfully Submitted Approved for Submission Steve Evans Mark G. McDonald Manager of Planning Chief Administrative Officer AMENDMENT 1, O THE OFFICIAL PLAN OF I-lutiffisyluki—IF 14714 SUBJECT: COMMUNITY IMPROVEMENT POLICIES UPDATE 121 M6 WHEREAS the Township of Malahide has an official pian that is in effect, adopted by Council on 96 August 2009 and approver) by the Ministry of Municipal Affairs on 9 March 2003, and as subsequently amended, and WHEREAS a meeting of Council, open to the public, was held on the 29v day of May 2096 for .the purposes of considering a proposed amendment which would amend the policies of the Plan with respect to community improvement, WHEREAS the proposed amendment would be consistent with the Provincial Policy Statement, WHEREAS the intent of the Official Plan of the County of Elgin and the Official Plan of the Township of Malahide would be maintained, Wf ERE4S the Council of the Corporation of the Township of Malahide now deems it expedient to adopt the proposed amendment to the Official Plan of the Township of Malahide, THEREFORE the Council of .the Corporation of the Township of Malahlde, in accordance with Section 97 of the'Janning Act, R. S. 0. 9990 as amended, hereby enacts as follows. THAT Amendment No. 14 to the Official Plan of the Township of Malahide, consisting of the attached explanatory text and Schedule A', is hereby adopted. 2. THAT the Clerk is hereby authorized and directed to make application to the County of Elgin for approval of the aforementioned Amendment No. 14 to the Official Plan of the Township of Malahide. 3, THAT Amendment No. 14 shall not came into force or take effect unless and until it has been approved in accordance viith the Planning Act, R.S.U. 1990, as amended. 4. THAT this By-law shall come into farce and take effect on the day of final passing thereof. READ a FIRST time this 3'dday of September, 2015. READ a SECONDd READ a THIRD time and FINALLY PASSED t1his3r`-day of September, 2016. r` a r, Dave Mennill . Clerk, �Mjche�1�1sa�vecchia-Somers Amendment No. 14 to the Official Plan — Community Improvement Policies Update Page 2 Township .of Malahide September 2015 122 The purpose of this Amendment is to update the Township's e)dsbng official plan policies with respect to Community Improvement. The existing Community Improvement Project Areas currently identified in the Official Plan comprise only portions of the Village of Springfield and the entire Village of Port Brace. These areas are repealed and replaced by a Community Improvement Project Area applying to the Township of Malabide in its entirety. The Community Improvement policies contained in the Township of Malahide Official Paan (Section 7) permit the Township to designate .specific Community Improvement Project Areas, prepare Community Improvement Plans for those areas, and undertake a variety of initiatives to support the goals and objectives of community improvement_ The rationale for amending the Township of Malahide Official Plan is based on the following considerations. Community improvement as defined by the Planning Act means the "planning or re -planning, design or redesign, re -subdivision, clearance, development or redevelopment, construction, reconstruction and rehabilitation, improvement of energy efficiency, or any of them, of a community improvement project area, and the provision of such residential, commercial, industrial, public, recreational, institutional, religious, charitable or other uses, buildings, works, improvements or facilities, or spaces therefore, as may be appropriate or necessary. A Community Improvement Plan (CIP) is a powerful too] which allows funds and implements policy initiatives toward a specrfic ffly defined project area or areas. The intent of the CIP is to encourage the rehabilitation of lands and buildings and/or the stimulation of development. Cance implemented, the CIP will allow Council to provide grants to assist in the rehabilitation of lands and/or buildings within a defined project area or areas in compliance with the goals and objectives of the Official Plan and Provincial Policy Statement. Amendment No. 14 to the Official Marr -- Commun4 improvement policies Update Page 3 Township of Malahide September 2015 123 The County of Elgin, being the upper -filer municipality with a coordinating rove over the seven municipalities which comprise the County, including the Township of Malahide, has recently undertaken the preparation of a strategic County -wide framework for community improvement that is to be administered and funded in partnership with the Township. As pari of the process, modifications to the Township of Malahide Official Plan are necessary to update the existing community improvement policies consistent with the County's Elgincentives Community Improvement Pian template. The changes primarily focus on the encouragement of local economic growth and the promotion of tourism. With the revised policies in place, the Township is eligible to avail itself of various programs and funding sources made possible through a Community Improvement Plan adopted pursuant to the Planning Act. All of this part of the Amendment entitled 'Pari B - The Amendment', consisting of the folloing text and Schedule °A7, constitutes Amendment No. 14 to the Official Plan of the Township of Malahide- DETAILS OF THE AMENDMENT I. Section 7.1 of the Official Plan of the Township of Malahide, being Community Improvement Goals, is hereby amended by deleting the first paragraph in its entirety ,and replacing it with the following: "Township Council has determined that the Township of Malahide In its entirety shal!] form the Community Improvement Project Area during the 2009-2029 planning periiod. Township Council, from time to time, may designate additional Communit m�y �v,,i r4aaa7iqqg—j provided the proposed area meets one or more of the crilteria set out in Section 7.3 of this Amendment No. 94 to the Oficial Plan — Community Improvement Policies Update Page 4 Township of Malahide September 201 h 124 2. Section 7.1 of the Official Plan of the Township of Malahide, being CommunU Improvement Goals is hereby amended by adding a semi -colon (;) at the end of subsection c) and adding the following new subsection: 3. Section 7.2 of the Official Plan of the Township of Malahide, being Community Improvement Objectives, is hereby amended by adding the following new subsection and by re -numbering following subsections accordingly: "7.2.1 General Objectives To encourage the establishment, expansion, and rehabilitation of tourism and tourist destination -oriented uses within existing buildings; 7.2.1,2 To encourage the establishment expansion, and rehabilitation of agriculture - related and secondary uses within existing buildings in the agricultural area; 7.2.1.3 To encourage appropriate development and redevelopment to facilitate economic activity; and 7.2.1.4 To provide funding in the form of grants and/or loans and/or waiving of fees for appropriate projects that meet the objectives of the Community Improvement Pla,T." 4. Section 7-3 of the Official Plan of the Township of Malahide, being Criteria for the Selection of Commun, ity Improvement Areas, is hereby amended by adding the following new subsection: "7.3.3 General Criteria 7.3.3.1 For any other environmental, social and/or community economic development reason in conformity with the policies of the County of Elgin Official Plan and this Plan." Amendment No. 14 to the Official Plan — Community Improvement Policies Update Page 5 Township of Malahide September 2015 125 b_ Section 7.4 of the Official Plan of the Township of Malahide, being Delineation of Community Improvement Areas, is hereby amended by deleting the first paragraph in its entirety and replacing it vrith the following: 'Township Council may designate by - Project the boundaries of which may be the entire Township or part of the Township of Malahide. These areas are eligible for "Community Improvement" as defined in the Planning [ 6. Section 7.0 of the Oficial Plan of the Township of Malahide, being COMMUNITY IMPROVEMENT, is hereby amended by deleting all subsection references to 'Community Improvement Area' and 'Community Improvement Areas' in their entirety and replacing them with 'Community Improvement Project Area' and 'Community Improvement Project Areas" as the case may be. 7. Schedule 'Al, Townshiv of Malahide: Land Use, of the Official Plan of the Township of Malahide, is hereby amended by the addition of the kCommunitY Improvement Project ' as shown on Schedule 'A" hereto. B. Schedule 'B9, Springfield: Land Use and Constraints, of the Official Plan of the Township of Malahide, is hereby amended by delef ng the 'Community Improvement A ' in its entirety. The following appendices do not constitute part of Amendment No. 14 but are included as information supporting the amendment. Append -ox I Notice of Public Meeting Appendix 11 Minutes of Public Meeting dated 21 May 2016 Appendix I11 Correspondence Amendment No. 14 to the Official Plan - Community Improyement Policies Update Page 6 Township of Malehide September 2015 126 OFFICIAL PLM OFTHE r TOWNSHIP of MA IDEUp- t T1i3�lli SHIP of MALAFI9DE.- T L 11 f`I LAAO USE 13 ' ! r 42 F ` f is `1 43r 29 is,l f�a n°fs } r 4 a9f c E iI �a i.i-- �V r3 gj 5�5 z - 422_3 , - 2D 127 28 .�3i �327i 3i 39 P 90 F;esvw ce Uses 77a �II3a �o � mem; ea ° i r f v 1 0 GORE � 151aiur�ll k3erimgE I LJI I��_ X85 u f - _ , /��.. � HB�l�e �esoi9rmePasa �' � II r I� f !` 7TT51 I h '" } e I 693 7041 INaralGas:R�eserms Ay!Irruer -'8 . go 57 .32 si - Non Ple-saiirceuse_5 i3meser+r>31iaa Lawds •' Soiratly F ". I • r SPerffcPaTmyAm= 7� �' �. 3v vw.] ie D 1-aH9ne�. �a-oiaa�a T Base Feaiures - _ PmAuaa7aiNgbwray3 d t ip illro a, ��Lmanby meads �� ry— I zh - 423 9��5,5 7 8..9:4 i- M 1 , I .�, -�i 1 t7D zfi s {z3 w 1 2s l !29 7 R�fir2ai3 san I - Water¢.roveye7St3rueLme 11.1! -1 C N 45 � 'r A101tRr . r Pmleob9a '�" IIS �'� 17 sntea .j ° /` sa�ro� I rtnr t r I p 1.75,000 of 4i Sduu dine li3" Smr,zas pa@of , �"vFsa�mm - coPt-IDniISVErI' A I'� "ti' / P Sine Offh ml Plan mfi 9f�3s7m'nslni s ymabhiidemd est be mad in 011L rmnjuncfIm %Rib Eye wmen 3eld a :e.� u € 1 i d mma>L, jspcwyau,�' - —. 42 } 73 Lake Erie 127 r�y m urrn lef, I"I REPORT TO COUNTY COUNCIL FROM: Katherine Thompson, Marketing & Communications Coordinator DATE: October 9, 2015 SUBJECT: Renewal of Franchise Agreement with Natural Gas Limited (NRG) INTRODUCTION: Natural Resource Gas Limited (NRG) is requesting that the Corporation of the County of Elgin enter into a renewed franchise agreement to distribute, store and transmit natural gas in Elgin. DISCUSSION: Provincial legislation requires that there be a franchise agreement between a municipal or county corporation and the gas company serving that municipality or county. NRG and Elgin County last entered into a franchise agreement on November 28, 1995. This agreement will expire on November 28, 2015. NRG is proposing that the franchise agreement be renewed for 20 years. The Ontario Energy Board regulates the transmission and distribution of natural gas in Ontario. This Board has issued a "Model Franchise Agreement" in order to standardize the terms and the duration of gas franchise agreements between municipalities or counties and gas companies. NRG has recently renewed agreements with the municipalities of Aylmer, Bayham, Central Elgin, South-West Oxford, Thames Centre, London, and Norfolk County and wishes to use this "Model Franchise Agreement" to renew with Elgin as well. The process of renewing a franchise agreement is governed by the "Municipal Franchises Act". Once NRG and Elgin agree to renew the franchise agreement, County Council must prepare a draft By -Law (1) authorizing and approving the franchise agreement; (2) authorizing the necessary officers of the County Corporation (The Warden and Chief Administrative Officer) to enter into and execute the franchise agreement; and, (3) if applicable, repealing the By -Law relating to the former franchise agreement. Additionally Council must issue a resolution (1) approving the form of a draft By -Law and franchise agreement; (2) authorizing its submission for approval by the Ontario Energy Board; and, (3) requesting that the Ontario Energy Board make an Order declaring and directing that the assent of the municipal electors to the draft By -Law is not necessary. After receiving the draft By -Law and resolution from Elgin County, NRG will prepare an application to submit to the Ontario Energy Board for approval. NRG would like to have the required information to the Ontario Energy Board no later than November 15, 2015. It is important to note that although franchise agreements are normally entered into voluntarily by a gas utility and a county, the gas company may refer the agreement to the Ontario Energy Board for approval in the event that an agreement cannot be concluded. 128 CONCLUSION: A franchise agreement between the Corporation of the County of Elgin and Natural Resource Gas Limited will expire on November 28, 2015. A franchise agreement must be in place in order to govern the distribution, storage and transmission of natural gas in Elgin County. NRG has proposed a Franchise Agreement for the duration of 20 years. RECOMMENDATIONS: THAT a franchise agreement between Natural Resource Gas Limited and the Corporation of the County of Elgin to distribute, store and transmit natural gas in Elgin be approved; and, THAT draft By -Law 15-25 "Being a By -Law to Authorize a Franchise Agreement Between the Corporation of the County of Elgin and Natural Resources Gas Limited" be approved; and, THAT County Council request that the Ontario Energy Board make an Order declaring and directing that the assent of the municipal electors to the draft By -Law is not necessary. All of which is Respectfully Submitted Approved for Submission Katherine Thompson, Mark G. McDonald Marketing & Communications Coordinator Chief Administrative Officer 129 FRANCHISE AGREEMENT THIS AGREEMENT effective this day of , 20—. BETWEEN: CORPORATION OF THE COUNTY OF ELGIN hereinafter called the "Corporation" - and - NATURAL RESOURCE GAS LIMITED hereinafter called the "Gas Company" WHEREAS the Gas Company desires to distribute, store and transmit gas in the Municipality upon the terms and conditions of this Agreement; AND WHEREAS by by-law passed by the Council of the Corporation (the `By-law"), the duly authorized officers have been authorized and directed to execute this Agreement on behalf of the Corporation; THEREFORE the Corporation and the Gas Company agree as follows: ARTICLE 1 — DEFINITIONS 1.1 In this Agreement: (a) "decommissioned" and "decommissions" when used in connection with parts of the gas system, mean any parts of the gas system taken out of active use and purged in accordance with the applicable CSA standards and in no way affects the use of the term `abandoned' pipeline for the purposes of the Assessment Act; (b) "Engineer/Road Superintendent" means the most senior individual employed by the Corporation with responsibilities for highways within the Municipality or the person designated by such senior employee or such other person as may from time to time be designated by the Council of the Corporation; (c) "gas" means natural gas, manufactured gas, synthetic natural gas, liquefied petroleum gas or propane -air gas, or a mixture of any of them, but does not include a liquefied petroleum gas that is distributed by means other than a pipeline; 130 -2- (d) "gas system" means such mains, plants, pipes, conduits, services, valves, regulators, curb boxes, stations, drips or such other equipment as the Gas Company may require or deem desirable for the distribution, storage and transmission of gas in or through the Municipality; (e) "highway" means all common and public highways and shall include any bridge, viaduct or structure forming part of a highway, and any public square, road allowance or walkway and shall include not only the travelled portion of such highway, but also ditches, driveways, sidewalks, and sodded areas forming part of the road allowance now or at any time during the term hereof under the jurisdiction of the Corporation; (f) "Model Franchise Agreement" means the form of agreement which the Ontario Energy Board uses as a standard when considering applications under the Municipal Franchises Act. The Model Franchise Agreement may be changed from time to time by the Ontario Energy Board; (g) "Municipality" means the territorial limits of the Corporation on the date when this Agreement takes effect, and any territory which may thereafter be brought within the jurisdiction of the Corporation; (h) "Plan" means the plan described in Paragraph 3.1 of this Agreement required to be filed by the Gas Company with the Engineer/Road Superintendent prior to commencement of work on the gas system; and (i) whenever the singular, masculine or feminine is used in this Agreement, it shall be considered as if the plural, feminine or masculine has been used where the context of the Agreement so requires. ARTICLE 2 - RIGHTS GRANTED 2.1 To provide gas service: The consent of the Corporation is hereby given and granted to the Gas Company to distribute, store and transmit gas in and through the Municipality to the Corporation and to the inhabitants of the Municipality. 2.2 To Use Highways. Subject to the terms and conditions of this Agreement the consent of the Corporation is hereby given and granted to the Gas Company to enter upon all highways now or at any time hereafter under the jurisdiction of the Corporation and to lay, construct, maintain, replace, remove, operate and repair a gas system for the distribution, storage and transmission of gas in and through the Municipality. 2.3 Duration of Agreement and Renewal Procedures. (a) The rights hereby given and granted shall be for a term of 20 years from the date of final passing of the By-law provided that, if during the 20 -year term this Agreement, the Model Franchise Agreement is changed, then on the 7h 131 -3 - anniversary and on the 14th anniversary of the date of the passing of the By-law, this Agreement shall be deemed to be amended to incorporate any changes in the Model Franchise Agreement in effect on such anniversary dates. Such deemed amendments shall not apply to alter the 20 -year term. (b) At any time within two years prior to the expiration of this Agreement, either party may give notice to the other that it desires to enter into negotiations for a renewed franchise upon such terms and conditions as may be agreed upon. Until such renewal has been settled, the terms and conditions of this Agreement shall continue, notwithstanding the expiration of this Agreement. This shall not preclude either party from applying to the Ontario Energy Board for a renewal of the Agreement pursuant to section 10 of the Municipal Franchises Act. ARTICLE 3 — CONDITIONS 3.1 Approval of Construction (a) The Gas Company shall not undertake any excavation, opening or work which will disturb or interfere with the surface of the travelled portion of any highway unless a permit therefor has first been obtained from the Engineer/Road Superintendent and all work done by the Gas Company shall be to his satisfaction. (b) Prior to the commencement of work on the gas system, or any extensions or changes to it (except service laterals which do not interfere with municipal works in the highway), the Gas Company shall file with the Engineer/Road Superintendent a Plan, satisfactory to the Engineer/Road Superintendent, drawn to scale and of sufficient detail considering the complexity of the specific locations involved, showing the highways in which it proposes to lay its gas system and the particular parts thereof it proposes to occupy. (c) The Plan filed by the Gas Company shall include geodetic information for a particular location: (i) where circumstances are complex, in order to facilitate known projects, including projects which are reasonably anticipated by the Engineer/Road Superintendent, or (ii) when requested, where the Corporation has geodetic information for its own services and all others at the same location. (d) The Engineer/Road Superintendent may require sections of the gas system to be laid at greater depth than required by the latest CSA standard for gas pipeline systems to facilitate known projects or to correct known highway deficiencies. (e) Prior to the commencement of work on the gas system, the Engineer/Road Superintendent must approve the location of the work as shown on the Plan filed 132 M by the Gas Company, the timing of the work and any terms and conditions relating to the installation of the work. (f) In addition to the requirements of this Agreement, if the Gas Company proposes to affix any part of the gas system to a bridge, viaduct or other structure, if the Engineer/Road Superintendent approves this proposal, he may require the Gas Company to comply with special conditions or to enter into a separate agreement as a condition of the approval of this part of the construction of the gas system. (g) Where the gas system may affect a municipal drain, the Gas Company shall also file a copy of the Plan with the Corporation's Drainage Superintendent for purposes of the Drainage Act, or such other person designated by the Corporation as responsible for the drain. (h) The Gas Company shall not deviate from the approved location for any part of the gas system unless the prior approval of the Engineer/Road Superintendent to do so is received. (i) The Engineer/Road Superintendent's approval, where required throughout this Paragraph, shall not be unreasonably withheld. (j) The approval of the Engineer/Road Superintendent is not a representation or warranty as to the state of repair of the highway or the suitability of the highway for the gas system. 3.2 As Built Drawings. The Gas Company shall, within six months of completing the installation of any part of the gas system, provide two copies of "as built" drawings to the Engineer/Road Superintendent. These drawings must be sufficient to accurately establish the location, depth (measurement between the top of the gas system and the ground surface at the time of installation) and distance of the gas system. The "as built" drawings shall be of the same quality as the Plan and, if the approved pre -construction plan included elevations that were geodetically referenced, the "as built" drawings shall similarly include elevations that are geodetically referenced. Upon the request of the Engineer/Road Superintendent, the Gas Company shall provide one copy of the drawings in an electronic format and one copy as a hard copy drawing. 3.3 Emergencies_ In the event of an emergency involving the gas system, the Gas Company shall proceed with the work required to deal with the emergency, and in any instance where prior approval of the Engineer/Road Superintendent is normally required for the work, the Gas Company shall use its best efforts to immediately notify the Engineer/Road Superintendent of the location and nature of the emergency and the work being done and, if it deems appropriate, notify the police force, fire or other emergency services having jurisdiction. The Gas Company shall provide the Engineer/Road Superintendent with at least one 24 hour emergency contact for the Gas Company and shall ensure the contacts are current. 133 -5- 3.4 Restoration The Gas Company shall well and sufficiently restore, to the reasonable satisfaction of the Engineer/Road Superintendent, all highways, municipal works or improvements which it may excavate or interfere with in the course of laying, constructing, repairing or removing its gas system, and shall make good any settling or subsidence thereafter caused by such excavation or interference. If the Gas Company fails at any time to do any work required by this Paragraph within a reasonable period of time, the Corporation may do or cause such work to be done and the Gas Company shall, on demand, pay the Corporation's reasonably incurred costs, as certified by the Engineer/Road Superintendent. 3.5 Indemnification The Gas Company shall, at all times, indemnify and save harmless the Corporation from and against all claims, including costs related thereto, for all damages or injuries including death to any person or persons and for damage to any property, arising out of the Gas Company operating, constructing, and maintaining its gas system in the Municipality, or utilizing its gas system for the carriage of gas owned by others. Provided that the Gas Company shall not be required to indemnify or save harmless the Corporation from and against claims, including costs related thereto, which it may incur by reason of damages or injuries including death to any person or persons and for damage to any property, resulting from the negligence or wrongful act of the Corporation, its servants, agents or employees. 3.6 Insurance (a) The Gas Company shall maintain Comprehensive General Liability Insurance in sufficient amount and description as shall protect the Gas Company and the Corporation from claims for which the Gas Company is obliged to indemnify the Corporation under Paragraph 3.5. The insurance policy shall identify the Corporation as an additional named insured, but only with respect to the operation of the named insured (the Gas Company). The insurance policy shall not lapse or be cancelled without sixty (60) days' prior written notice to the Corporation by the Gas Company. (b) The issuance of an insurance policy as provided in this Paragraph shall not be construed as relieving the Gas Company of liability not covered by such insurance or in excess of the policy limits of such insurance. (c) Upon request by the Corporation, the Gas Company shall confirm that premiums for such insurance have been paid and that such insurance is in full force and effect. 3.7 Alternative Easement The Corporation agrees, in the event of the proposed sale or closing of any highway or any part of a highway where there is a gas line in existence, to give the Gas Company reasonable notice of such proposed sale or closing and, if is feasible, to provide the Gas 134 -6 - Company with easements over that part of the highway proposed to be sold or closed sufficient to allow the Gas Company to preserve any part of the gas system in its then existing location. In the event that such easements cannot be provided, the Corporation and the Gas Company shall share the cost of relocating or altering the gas system to facilitate continuity of gas service, as provided for in Paragraph 3.8 of this Agreement. 3.8 Pipeline Relocation (a) If in the course of constructing, reconstructing, changing, altering or improving any highway or any municipal works, the Corporation deems that it is necessary to take up, remove or change the location of any part of the gas system, the Gas Company shall, upon notice to do so, remove and/or relocate within a reasonable period of time such part of the gas system to a location approved by the Engineer/Road Superintendent. (b) Where any part of the gas system relocated in accordance with this Paragraph is located on a bridge, viaduct or structure, the Gas Company shall alter or relocate that part of the gas system at its sole expense. (c) Where any part of the gas system relocated in accordance with this Paragraph is located other than on a bridge, viaduct or structure, the costs of relocation shall be shared between the Corporation and the Gas Company on the basis of the total relocation costs, excluding the value of any upgrading of the gas system, and deducting any contribution paid to the Gas Company by others in respect to such relocation; and for these purposes, the total relocation costs shall be the aggregate of the following: (i) the amount paid to Gas Company employees up to and including field supervisors for the hours worked on the project plus the current cost of fringe benefits for these employees, (ii) the amount paid for rental equipment while in use on the project and an amount, charged at the unit rate, for Gas Company equipment while in use on the project, (iii) the amount paid by the Gas Company to contractors for work related to the project, (iv) the cost to the Gas Company for materials used in connection with the project, and (v) a reasonable amount for project engineering and project administrative costs which shall be 22.5% of the aggregate of the amounts determined in items (i), (ii), (iii) and (iv) above. (d) The total relocation costs as calculated above shall be paid 35% by the Corporation and 65% by the Gas Company, except where the part of the gas system required to be moved is located in an unassumed road or in an unopened 135 4.1 4.2 4.3 -7 - road allowance and the Corporation has not approved its location, in which case the Gas Company shall pay 100% of the relocation costs. ARTICLE 4 — PROCEDURAL AND OTHER MATTERS Municipal By-laws of General Application The Agreement is subject to the provisions of all regulating statutes and all municipal bylaws of general application, except by-laws which have the effect of amending this Agreement. Giving Notice Notices may be delivered to, sent by facsimile or mailed by prepaid registered post to the Gas Company at its head office or to the authorized officers of the Corporation at its municipal offices, as the case may be. Disposition of Gas System (a) If the Gas Company decommissions part of its gas system affixed to a bridge, viaduct or structure, the Gas Company shall, at its sole expense, remove the part of its gas system affixed to the bridge, viaduct or structure. (b) If the Gas Company decommissions any other part of its gas system, it shall have the right, but is not required, to remove that part of its gas system. It may exercise its right to remove the decommissioned parts of its gas system by giving notice of its intention to do so by filing a Plan as required by Paragraph 3.1 of this Agreement for approval by the Engineer/Road Superintendent. If the Gas Company does not remove the part of the gas system it has decommissioned and the Corporation requires the removal of all or any part of the decommissioned gas system for the purpose of altering or improving a highway or in order to facilitate the construction of utility or other works in any highway, the Corporation may remove and dispose of so much of the decommissioned gas system as the Corporation may require for such purposes and neither party shall have recourse against the other for any loss, cost, expense or damage occasioned thereby. If the Gas Company has not removed the part of the gas system it has decommissioned and the Corporation requires the removal of all or any part of the decommissioned gas system for the purpose of altering or improving a highway or in order to facilitate the construction of utility or other works in a highway, the Gas Company may elect to relocate the decommissioned gas system and in that event Paragraph 3.8 applies to the cost of relocation. Use of Deco mmissioned Gas System (a) The Gas Company shall provide promptly to the Corporation, to the extent such information is known: 136 -8- (i) the names and addresses of all third parties who use decommissioned parts of the gas system for purposes other than the transmission or distribution of gas; and (ii) the location of all proposed and existing decommissioned parts of the gas system used for purposes other than the transmission or distribution of gas. (b) The Gas Company may allow a third party to use a decommissioned part of the gas system for purposes other than the transmission or distribution of gas and may charge a fee for that third party use, provided (i) the third party has entered into a municipal access agreement with the Corporation; and (ii) the Gas Company does not charge a fee for the third party's right of access to the highways. (c) Decommissioned parts of the gas system used for purposes other than the transmission or distribution of gas are not subject to the provisions of this Agreement. For decommissioned parts of the gas system used for purposes other than the transmission and distribution of gas, issues such as relocation costs will be governed by the relevant municipal access agreement. 4.5 Franchise Handbook The Parties acknowledge that operating decisions sometimes require a greater level of detail than that which is appropriately included in this Agreement. The Parties agree to look for guidance on such matters to the Franchise Handbook prepared by the Association of Municipalities of Ontario and the gas utility companies, as may be amended from time to time. 4.6 Agreement Binding Parties This Agreement shall extend to, benefit and bind the parties thereto, their successors and assigns, respectively. 137 IN WITNESS WHEREOF the parties have executed this Agreement effective from the date written above. THE CORPORATION OF THE COUNTY OF ELGIN M. NATURAL RESOURCE GAS LIMITED ME 138 ry m urrn lef, I"I REPORT TO COUNTY COUNCIL FROM: Katherine Thompson, Marketing & Communications Coordinator Alan Smith, General Manager of Economic Development DATE: October 9, 2015 SUBJECT: 2015 International Economic Development Council Award INTRODUCTION: Elgin County was presented with an International Economic Development Council (IEDC) Excellence in Economic Development Award for its Savour Elgin/Elgin Arts Trail Discovery Guide. The award was presented at the IEDC annual conference in Anchorage, Alaska on October 6, 2015. DISCUSSION: The IEDC Excellence in Economic Development Awards recognize the world's best economic development programs and partnerships, marketing materials, and the year's most influential leaders. The awards honour organizations and individuals for their efforts in creating positive change in urban, suburban, and rural communities. Elgin County received recognition for the 2014 Savour Elgin/Elgin Arts Trail Discovery Guide. The Savour Elgin/Elgin Arts Trail Discovery Guide encourages travel throughout the region, by packaging the area's best food, drink and artistic establishments into three unique weekend tours. The guide includes a map, descriptions of each establishment and visually appealing photography. The award focused on the June 2014 campaign that saw the guide distributed to over 175,000 people via insert in the Summer Edition of the LCBO Food & Drink magazine. This distribution allowed Elgin to promote its businesses and attractions to a large but targeted audience. These promotional efforts were supported by the Local Food Fund administered by the Ontario Ministry of Agriculture and Food. This project also received an Economic Developer's Council of Ontario (EDCO) Award in February of 2015. The 2015/16 version of the Savour Elgin/Elgin Arts Trail Discovery Guide is currently available. CONCLUSION: Winning awards at a international level is not only an honour for Elgin County but a profile builder as well, a way in which Elgin can distinguish itself from its peers in a competitive industry. These awards are a reflection of County Council's commitment to the promotion, growth and development of business in Elgin County. 139 RECOMMENDATION: THAT the report titled "2015 International Economic Development Council Award" dated October 9, 2015 be received and filed. All of which is Respectfully Submitted Katherine Thompson, Marketing & Communications Coordinator Approved for Submission Mark G. McDonald Chief Administrative Officer Alan Smith General Manager of Economic Development 140 r�y m urrn lef, I"I REPORT TO COUNTY COUNCIL FROM: Rhonda L. Duffy, Director of Homes and Seniors Services DATE: October 13, 2015 SUBJECT: Homes — Social Work Services INTRODUCTION: The Long Term Care Homes Act, 2007 requires every home to provide Social Worker services. DISCUSSION: Elgin County Homes have utilised contracted social work services since the proclamation of the Long -Term Care Homes Act (LTCHA) in 2007. When the current contract expired, a call for proposals was advertised; however, there were no respondents. Given the situation, the previously contracted provider agreed to provide services when able. This provider is not readily accessible due to other employment commitments. A social worker who is more accessible and available has been identified and is interested in signing a service agreement with the County Homes. Staff is recommending a one-year term with the option for renewal for an additional one-year term at a rate of $35.00 per hour. This is a contract position and there is no benefit expense. The rate falls within the average for the industry and is containable within the budget. CONCLUSION: The provision of social work services to residents in the Homes is a requirement under the LTCHA, 2007 and a necessity for the provision of resident centered care to the Homes' residents. RECOMMENDATION: THAT Council authorize staff to sign the Social Worker agreement for a one-year (1) term at the hourly rate of $35.00 with option for renewal of an additional one-year (1) term. All of which is Respectfully Submitted Approved for Submission Rhonda L. Duffy Mark G. McDonald Director of Homes and Seniors Services Chief Administrative Officer 141 a,��spilUl?J��GGo�� VUo Eigni REPORT TO COUNTY COUNCIL FROM: Rhonda L. Duffy, Director of Homes and Seniors Services DATE: October 13, 2015 SUBJECT: YWCA Agreement Renewal INTRODUCTION: The agreement with the YWCA for the use of the therapy pool at Terrace Lodge is due for renewal. DISCUSSION: In order to ensure at a minimum cost recovery for the YWCA's use of the pool, Council approved an annual fee of $2,163 for 2014/2015. Staff is recommending a 1.5 % increase/ annual fee of $2,195 for the 2015/2016 contract. CONCLUSION: The YWCA continues to utilise the Terrace Lodge Pool as a community-based service for therapeutic programs. These programs are of great benefit to the local and surrounding communities and are accessed by individuals of all ages and with various therapeutic needs. RECOMMENDATIONS: THAT Council direct staff to negotiate at minimum a 1.5% increase for the 2015/2016 agreement with the YWCA; and, THAT Council direct staff to sign the 2015/2016 agreement with the YWCA. All of which is Respectfully Submitted Approved for Submission Rhonda L. Duffy Mark McDonald Director of Homes and Seniors Services Chief Administrative Officer 142 r�y m urrn lef, I"�� REPORT TO COUNTY COUNCIL FROM: Rhonda L. Duffy, Director of Homes and Seniors Services DATE: October 21, 2015 SUBJECT: Homes — Documentation Consultant INTRODUCTION: The accuracy of documenting and coding of resident care within the Resident Assessment Instrument -Minimum Data Set (RAI -MDS) 2.0 directly impacts resident care outcomes, compliance inspection results, publicly reported information and the reimbursement (Case Mix Index (CMI) funding) to Long -Term Care Homes (LTCH's). DISCUSSION: RAI -MDS was implemented in the three (3) County of Elgin LTCH's in 2009 utilizing the Point Click Care (PCC) electronic documentation system. Since the change to the RAI - MDS CMI based funding model in 2009, the Homes have not experienced a consultation review of the CMI, as was the practice with the former Alberta classification system, primarily because consultants with the new funding were not available. The Homes were fortunate to access a consultant and all three homes have received a review. SCK Health Consulting Inc. provides consultation to LTCH's for RAI -MDS 2.0 Essentials and Best Practices regarding documentation and coding accuracy. A documentation and coding consultation has been conducted to support the home(s) to: • Better understand the impact of coding accuracy on resident care outcomes and compliance inspection results • Identify the factors impacting coding accuracy and RAI implementation best practices • Identify strategies on how to lead in a case mix world utilizing methodology that supports fair reimbursement/funding • Provide a formalized and consistent approach to monitoring and auditing of MDS accuracy and link results to quality improvement • Ensure the accuracy of publicly reported information (e.g. falls, physical restraints, pressure ulcers, anti -psychotic medications, etc.) • Prepare for upcoming data accuracy audits by Ministry of Health and Long -Term Care (MOHLTC) The cost for the consultation for all three homes was $11,880 plus applicable taxes and expenses and was containable within the budget. 143 CONCLUSION: A documentation and coding consultation for all 3 County of Elgin LTCH's has been conducted by SCK Health Consulting Inc. A report has been received outlining recommendations and suggested strategies for improvement. Ultimately the goal is to ensure data accuracy, positive resident care outcomes, achieve improvements in quality indicators and fair reimbursement through the CMI funding beginning 2017. RECOMMENDATION: THAT the report titled "Homes — Documentation Consultant" dated October 21, 2015, be received and filed. All of which is Respectfully Submitted Approved for Submission Rhonda L. Duffy Mark G. McDonald Director of Homes and Seniors Services Chief Administrative Officer 144 Kella.010101,iliil�alroll'AML41M 2, Pat, Ill Manager, Source Protection Programs Branch, Ministry elf the Environment and Climate Change, with, amendment to the extension of the Source, Protectijon MUnicii,pal lir plementation Fund (SPMIF) grant funding agreement. 3, Heather McClintock, AWstant Manager,, Sustainable and Innovative Train sportaflon Office, Ministry of Transportation, informing rn it that the Ontario Municipal Cycling Infrastructure Program (OMUP) Expression of Interest Vias snot selected. 4, Patri6a U, Assistant Deputy Minister', Mjnlstry of 1--lealth and Long -Term Care, announcing a one firne funding for 2015-29,15 to, Support Ebola Virus Dsease (EVD) preparedness costs. 5, Nancie J, Irving, CMO, Town of Aylmer, inforr-ning Coun6l of resolutions, rw a), September 8"' County Council correspondence re, Alyinner Library Spaice Needs (Resolbtion 461-15), b), Aylmer Library Location Options — Direction from Aylmer Col (Resolution 462-15) 6, Madeleine Meilleur, Attorney General, responding to concerns regarding, thel increase of Provincia] Offences, Act (POA) cost recovery rates for adjudication and the monitoring and enforcing of POA transfer agreements. 7. Yannick Landry, Counsel, CN, advising of active railway linethat cannot be removed between Cayuga and St. Thomas. B. Glary McNamara, AMO President, with informiation on the Federal Gas'Tax Fund. 145 I i - 1!1:111 111111,111 111! 111 1 111 14 M 1. 6. m U 700� 1,R1MJ2#Mi�1) Sept embor 2015 Coutity, of Elgin, 450,Sunset Drive St. Thomas, OnI N5R5V1 Dear Warden Ens and, E.1gi,ii, Cotinty Council-. Child nutrition, at)d its link to learning, is one of the most important, issues facing, us today., 13cfbre they can 11ourish hatelloctually, etnotion ally and socially, children fin nced to be nourished physically. On belmif of the students we serve,']'11 ANKYOU for ya,ur suppoit and, gencrous grant of $5,000 for local School Nutrition Programs. With another selloo] year upan us, these FILIDds wil I help parchase nutritious bods taus enhance student lCaMifirg. U'LSt Y"r, We served more, than 50,0,00f) hoalthy bt eakfia&Ls and om, 800,00f1 nota-itious snacks W local students giving thern the fuel they need to succeed - CAF' 2 11"ARN'truly app-eciate'S 1110sups pordr of Elgin Cowily Council, a,Sr wework in partmrshipa, to ensure evety child attends scho�ol well-nourished and ready to learn, Sincerely, Charlotte McDonald Community Coor(Ifivritor 146 A, f, J5 /pk P"', 4- ir I i - 1!1:111 111111,111 111! 111 1 111 14 M 1. 6. m U 700� 1,R1MJ2#Mi�1) Sept embor 2015 Coutity, of Elgin, 450,Sunset Drive St. Thomas, OnI N5R5V1 Dear Warden Ens and, E.1gi,ii, Cotinty Council-. Child nutrition, at)d its link to learning, is one of the most important, issues facing, us today., 13cfbre they can 11ourish hatelloctually, etnotion ally and socially, children fin nced to be nourished physically. On belmif of the students we serve,']'11 ANKYOU for ya,ur suppoit and, gencrous grant of $5,000 for local School Nutrition Programs. With another selloo] year upan us, these FILIDds wil I help parchase nutritious bods taus enhance student lCaMifirg. U'LSt Y"r, We served more, than 50,0,00f) hoalthy bt eakfia&Ls and om, 800,00f1 nota-itious snacks W local students giving thern the fuel they need to succeed - CAF' 2 11"ARN'truly app-eciate'S 1110sups pordr of Elgin Cowily Council, a,Sr wework in partmrshipa, to ensure evety child attends scho�ol well-nourished and ready to learn, Sincerely, Charlotte McDonald Community Coor(Ifivritor 146 ,nol'Y Elgin School Nutrition Network Ocising TO--S-tPPUN" Eat 2 Learn 1�1 w0fol =_ 29MO= kitchen equipment E33= 1! 1 11 1 0=11111I Le 10191410 lei O-WIM I yes - no Participafing Schools Aldborough Public School Arthur Voaden Secondary School Assumption Catholic School Central Elgin Collegiate Institute Davenport Public School Dbutton Public School East Elgin Secondary School Elgin Court Public School Faith Christian Academy Forest Park Public School Immanuel Christian, School John Wise Pubilic Schooll June Rose Callwood Publ�ic School Locke!s Public School McGregor Public School Mitchell Hepburn Public School Monsignor Morrison Catholic School New Sarum Public School Northside Neighbourhood Hub Parkside Collegiate Institute VIM, Port Burwel�l Public School Port Stanley Publ�ic School ReConnect Elgin ReConnect Merrymounit - St. Thomas School Within a College (SWAC) South Dorchester Public School Southwold Public School Sparta, Public School Springfield Public School 5traf f ordville Public School Summers'Corners Pub;lic School St. Anne's Cath6lic School St. Joseph's Catholic High School St. Mary's Cathofic School St. Thomas Alternative Secondary 5choo' St. Thomas Re -Engagement Program West Elgin Secondary School West Elgin 5eniok4gementary School UJA/ IryI 30 rmlgjn School Nutrition Network I Nourishment for all students at all schools throgh community partnerships ................... . IV A nutritious breakfast is a pequisite for learning. i Eat 2 Learn is a non-pof it, community network of' parents, educators, health prof essionals and business members dedicated to enhancing student learning. Elgin/St. Thomas attends school well-nourished and ready to learn, Why a School Nutrition Program? i n-Mrim, IM Research has shown that 31% of 0 elemientary and 62% ':N MM of secondary j Childhood is a critical time for tstabg life-long healthy eating habits. Early bus times, fam-fly finances, parent war k schedules, poor food are some reasons children arrive at schoolhungry. Schoarl'! staff report improved 711, attendance and behaviour, increased attention span and learning ability and positive social skills through program participation. response to changing times in, our world and are seen: as a critical investment in our !7 oir I j Irmalon !!!! aC Charlotte McDonald Community Coordinator 111MIRM921 IBIRFMMIMIZI�= 204 First Avenue, Box 22009 St. Thomas, Ontario N5R 4PO 519-20�7-1040 eqt2learn@q!pad,com wwwosnp,co I E FQ "When a child's stomach is empty everything else is yr secondary." Porneo Leblanc, Former Governor General Get Involved: You, your business or organization can join in ,twi, missitn M:yiwtkirqx f and/or food donat ion, by provid'ing in�-ki nd support or by volunteering your time. EAT 2 LEA RN receives support from municipalities, businesses, churches, community members and groups, parents and school couiicils, EAT 2 LEARN offers invalui b�e volunteer opportunities and is, supported by dedicateii 5,choolstaff,parents,grandparents, community members and groups. LEARN provides an opportuni for your business or organization: to "At)OPT-A-SCHOOL" by volunteering, donating or participating in fund'raisin,g events. I To become a partner please complete and forward the attac�hed'donation form or, LAT' 2 R 1`4 ( PA e 01 �S I etteir � S e pton m l re r 2 0 15 Progii,aiin the systef-ri has been r.ipdated and - is ready to launch, Order -fresh produce, daiiry, graiiI suppIlies arld rrnore and, have harm-Aefivered d4ec,tlyto your fxbool, Ira k your Daher history a In d a c ces Isya kir r'r I f'I 1I � In cj b a I a rr, ce, Rister', Your S611001 at; C b I 'is 1, h"Ie. Lxrxcs h 0 n , Ca On(. -,e your school is register d. go to Odlovvvg! npx_q dick on "Farn'l to, Schoa," tab W click an "OSNIP Bulk Purchasing Pro g Ina m " tab * dick on ""El ora," to * COMPIetIS YOUr SChOCJ profile *1 ready to place your'first order Minirr]Un') $50 per order reqUil'09d. A+ IP` ILI I I'1IS,B or It's p1w.; rrairli n)ore. Earn a 50% [,)unfit for y(,,ajr nutrition pi,ograryi by selling rnuffins ($10), appl r($15) a n J f I e LA r p I bagis ($20), Fartri ershIi p wil) Gr atLailkes Farryis and BrNyood Market. * You set the so] I Ing ti I fra rne. * Orders to E21- on Octot)er 30th DeflM,,,ryweek Nov. 9 or 16 Regi�fter at:� iji,corif III 111"ie Great BiSS wKII Last October, more than 13,0010apples were delivered to 34 scrhools. Let's m4e an even bigger crunch this year fln celebration of 'Breakfast For Learn4-iq' Month! llk,ll IJ IRS t.)"AY 0) (1 '11"081� 22 it C"D t 'I an, (or tirne of your cho,resin q) Here's how tc.p art al q I. Register YOUT da,ss/sc hoc I by IP6dary, OctQber 16th. 2. Accss great resources at. I On October 22, distribute the apples and, on your count, have the viWeclas,5/school -take "The Crunch!" 4. hl' ave yrani, ca me ra s randy a nd so rid us yo u r, photo s Apples will be purchased & delivered to, schools by EAT 2 LEARN ** RII z -it; 5119-207-1040 dint 1.:149 SHIA 16/4, 111 1 EM Arthur Vbaden, enjoys i,ts new "Vitarnix.Blender `�X'Ak)irlutip b ol 1,pks, EA'12 I -EARN will be hosting 2 worU,iopsinOctober. Miarkyrasa cal ondar acrid ro%erve yomrTol: Wednesday, Octoher nth, lir-rinianuel Chri.stian Sctioc°)l 75 Cave�-dy Ruc .id, Ayi1r1jerr 4!30 prn r 6:30 pm Tjhursda(Y,October 2'nth Elgun St. Thooias Public Hoalth 12301 albotStreet, scrhornas, 11 :30 ary) - 1-310 pro AGENDA MerwPlarininq 101 Recipes: Temed&Tasly -, Fotail Saff,-tyiriS(.-.I,ii(r,),ols EAT 2 L IFARN & OSN P Updates Register by October 23rd at, 519-207-1040 RECEei OCT Ill 3 2815 1117151� is I MUNTYUP silraiK m Take the pledge ai-d spy 'yes'to Giond F'400 For every pledq�o ta keii, SNP Aonate a free- breakfar, st/snack to of Your ctloico (car ti. 00,(.,0i1A)Pr lati])., VY11m4J, V-JV1- R" SY -1 EKS111(O: Onceagain, FRESHCO is offering discount, cards to area scFo,oI!s-. * 5% &SCOL,int in ad&tiori to its mgLdar low pricing a errail / faxed or-deKniq optlon @ store cc ears widi monthly billing Contact Ch8rloitte to get your cai-d and ,tart slioppiriq, News La.qt year, our sch(,m)[s 9,375 student% daily Dist year, our schools served 1,371,825snacks aAxd ixleals. 1.,ast year, our schools received $t,5,645-05 of in-krid donadons..',. Last yelx, oulschools ralised 530,796.,5ij in stq.-)port of prograiris. Last year, our voluntcvrs contributed zj.,633 hours t,(.,) pr oglamsz. )U 0,SNP monthlY reporti & re<ipt.q are to be kepr filll" 7 years. pl,", of reccipts areto II)c scra to SNP lana December JUM, Up to .r o% of 0SNJ1 grant or $Soo, whichever is, less, canbe used to pitrehase consimnablesupplies, 4111M AN tic' f 'T, f Ira n,cii/dinrier-�villbc�pi,c)vided please rdei'itifyariydicta ry I'M) Staff Serving breakfast at Forest Ruk Public School 150 Ministry, of the Enmironinent and Citmate Change SULIFC.0 Prvitmijori Programs Branch 40 3 , Clair Ave, West Toronto ON h,14V IT02 September 2.2, 2015 Minlstke use VIEnvironnement ot do t' tion en mati4re do r,11,vtngerneint clirnatique Dirr,,o(ion des programmes de proteoffun dee 14" blage 40, avenue St. stair Quijs�, roronto (Ontaric) WVIM2 Mr, Mark McDonald Chief Administrative Officer -Clerk County of Elgin 4501 Suriset thrive St. Thomios ON N5H 5V1 Ontario Dear Mr, McDonald: RE. S our a P roteation Muni,ci P al I m p] eni entatio rt F u rid - A mend m ent I We thank you for your municipality's interest in extend'ing your Souirce Protection Municipal lmplerTIVIVation Fund (SPWF) grant: funddng agreernerri for an add4innal year. We are pleased to notify you that the Mlnistry of the Envlmnrnent and Climate Change has approved this request and the to [lie Grant FUnding Agreement has been signed, Enclosed PlIeaise find the foVowing document: 0 one (1) duly srgned grant funding agreement amendment for your files Please confirm your receipt of this package by ernaffing us at -,qur e -Totectionftinding, with the follow, ing subject fine. "'SPMIF IElgin County- splow-11314-143" Should you have any quesfions, please do not hpsRalte to contact us at the email address, pr wiled above, Please include your referenco number (SPNI1171314143) in all future Correspondence, &ncerely, Pat Kinch MZanager (A), Source Protection Implementation Source, Protection Picogram s Branch End 151 AMENDMENT NO,. I to a Grant Funding Agreement under t�he 2013-14 Source Protection Municipal Implementation Fund (SPMIF_1314_,143) THIS AMENDMENT NO. I made in dUP14CM8, as of the 20 day of AUgUs;t 2015, HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, as represented by the Minister of the Environment and Climate Change (,the,"Province") so= 11mmm, WMT 1=0 jn�� (the "Municipality") WHEREAS the parties entered into a grant fun ng agreement Linder the Source Protecfion! Municipal lmplementabon Fund da,te,d as of December 13, 2 13 for the MuNcipality to bufld municipal capacity to lirnplienient source protection plans and support susta6iable, local actions to protect drinking water (the, "Agreernient'),, AND WHEREAS on June 24, 2014, the name of the Mur stry of the EnAronment was changed to the Knistry of the Environment and Climate Change; AND, WHEREAS pursuant to Section 20.2 of the Agreement, the parties may arTlendthe agreerrent in whtinq; NOW THEREFORE In consideration of, the contractual rellationshp Uetween the Munic[paflty and the 1.1rovince referred to above and other good and valuable consideration, the receipt and sufficiency of'which is hereby acknowledged bV both parties, the MUmcipahty and the ProOnce hereby acknowledge, agree and Undertake is, f o l lovis, j! Unless otherwise specified n this Amendment NoA, capitalized words arld phrases have their prescribed meaning as Set OUt in the Agreernent, 2, The Agreement is amended as follovosr (a) Section 21 is deleted in its entirety and replaced with, the, foll1lowing, 2„1 The term of the Agreement shall commence on the Effective Date and shall expire on If arch 31, 2017 Unless terminated earlier PWSLiant to Article 9 The Muniicipality shall, upon expiry or termination of the Agreerrient, return to the Province any Funds remaining rn its possession or tinder its control.. 152 (b) The! veferprice, to "necember 7, 2015' in'Section B.1 (Elihgble Activities) Ulf Schedule "B" to the Agreement, is deleted and replaced by "December 5, 2016" (C)l The chem l in Sohedule "Y (Reports) us deleted iin its entirety and replaced wRh thefolloring: This Amendrinent No. I shall be in force fraim August, 24, 2015 and shall have the sarne expiry orterminlation clate as the Agreement. 4All other terms and condi fionsof the Agreernent shat] rernan in full force and effect unchanged 2nd unimodlified. 5. This Amendment No. I shall enure t,o, the benefit of and be blinding upon the Municipality arid the Province arid., each of their adi-ninistfators, permitted successors and permitted assigns, respectively,. SPW-1 14_143 Atryerp(Imout Nu, ITGDu) i�yof,E�oin 153 6, This Amendment No. I may be executed in: any number Of COUnterparts, each of which ha ll he deemed an original, but all of wNch together shill C01IStitUte one and the nye instrument. IN WITNESS WHEREOF the parties have exacuted, this Amendment INo, I as of the date first written above, HER MAJESTY THE QUEEN In Right of Ontario as represented by the Minister oaf the Environment and Climate Change NaTi—ie.--V An lvbrk Tithe: Director SOUrCe Protection Programs Branch Pursuant to delegated authority, The Corporatilon of the County of Elgin iwlarne: Mark McDonald Title: Chief AdminIstrative Officer Gierk Warms: Paul Ens, Title:, Warden We have authority to bind the VILinicipalit y, SPMIF— 1314143 Anvndrnoal No. V County of E:gip 154 go min�'stry of MinistEre des K Tnanspoilotion llcdk,.y Broach p )a nnct i al I de's pol it i qles (Ir"I In"al's I'm ft 777 Pay Sfn-wits 301h FIuor 777, rm Bziy, 3061,ap Toronto, Ontario I . ovolito (()J-Jario� M7A 2A WA M Tel., 416585-M7 7`71_ 4 '6 585,7 [77 L'an: 4 � 6 18 5-7204 Fel 10 4 � 6 5 95-7204 September 30, 20,15 Mr. Peter Dutchak Deputy, Director of Engineering Services Engineering Services 450 Sunset Drive St, Thomas, Ontario N5R 6L7 Dear Mr. DUtchak, Thank you for your Expression of Interest (ECI) for the Ontaric Municipal Cycling Wrastructure Prograrn (CMCIP), I regret to inforrn you that y1our project was not selected to proceed to the appHcation stage, The Province received a significant number of EOls from across Ontario and the selection process was quite challenging given so many worthy projects, An evidence based approach was used to evaluate the E01s, and identify projects that best met the program objectlives of Increasing connectivity, improving cyclist safety, innovation, partnerships, strategic importance, cost effectiveness, tourism and feasibility. Thank you for applying to the Program, and for youir interest and, cornaiitment to improve cycling infrastructure for YOUr community. Please caEl the, 0MCIP phone Fne at 1-844-671-7438 if you would like to discuss the evaklation Of YOUr E01 submission, Sincerely, Heather McClintock /Manager Sustainable and Innovative Transportation Office 155 Dear Mr, McDonald., Re; Ministry Agreementwith The County of Elgin, effective the 6th day of February 21014 (the "Agreement") Thletter is further to the recent letter from the Honourable Or, Eric Hoskins, Minister of Health and Long -Term Care, in which he informed your organization, that the Ministry of Health and L,ong-Term Care the "ministry") Will provideThe County of, Elgin up to $9,348 in one+rne funding for the 2014-15 funding year to :support the Ebola Virus Disease (EVD) preparedness costs incurred in 2014-15. This, one-time funding is for reimbursement of costs for training, equupmenl and ambulance resource expenditures specifically and exclusively for EVD preparedness costs identified on the EVI) Preparedness Expense Tracking Template, where ine5gible, costs have been 8XGlUded. This will bring the total maximum funding available under the Agreement for the 2014-15, funding year up to $4,486,047. I aril, therefore, pleased to provide you with your 2014-15 land ambulance services grant amount that, pursuant to section 4.,2, of the Agreement,, shall replace Budget in, Schedule "B",, All terms and conditions contained in the, Agreement rerrain in full force and effect, We appreciate your cooperation with the ministry in managing your funding as effectively as possible, You are expected to adhere to our reporting requirements, particularly for in -year service and financial reporting, which is expected, to be timely and accurate. Based on our monitoring and assessment of your in -year service and financial reporting, your cash flow may be adjusted appropriately to match actual services provided. The government. remains committed to eliminating the deficit by 2017-16 and therefore it is critical that, you continue, to manage costs within your approved budget. .J2 156 0 Ministry of Health Ml n I stbre dala S a05 0 t)p Ontario T and Long-Term Care ot des SoIns do loingue dur�6e Assistant V"WIY 0014W SOIIS-MiW'Vv "djointa Direct Samuez Division Division, dos. o 'ic as 01rects 56 woflosloy street West 56, ]rue "'Oil esby Cuost, 2" F I oor 20 kage Toranto OIN MSS 2S3 Tororytq ON MSS 2'S3 Tofu shove: 416 3274NS T614plhono416 327-4845 Facsl:wHo: 416 2,12-9710, Tflkopleuir: 416 2,12.9710 lApprme-2015-00,483 SEP 3 0 2,015 Mr. Mark McDonald Chief Administrafive Officer The County,of Elgin 450 Sunset Drive St,, Thomas ON N51V1 Dear Mr, McDonald., Re; Ministry Agreementwith The County of Elgin, effective the 6th day of February 21014 (the "Agreement") Thletter is further to the recent letter from the Honourable Or, Eric Hoskins, Minister of Health and Long -Term Care, in which he informed your organization, that the Ministry of Health and L,ong-Term Care the "ministry") Will provideThe County of, Elgin up to $9,348 in one+rne funding for the 2014-15 funding year to :support the Ebola Virus Disease (EVD) preparedness costs incurred in 2014-15. This, one-time funding is for reimbursement of costs for training, equupmenl and ambulance resource expenditures specifically and exclusively for EVD preparedness costs identified on the EVI) Preparedness Expense Tracking Template, where ine5gible, costs have been 8XGlUded. This will bring the total maximum funding available under the Agreement for the 2014-15, funding year up to $4,486,047. I aril, therefore, pleased to provide you with your 2014-15 land ambulance services grant amount that, pursuant to section 4.,2, of the Agreement,, shall replace Budget in, Schedule "B",, All terms and conditions contained in the, Agreement rerrain in full force and effect, We appreciate your cooperation with the ministry in managing your funding as effectively as possible, You are expected to adhere to our reporting requirements, particularly for in -year service and financial reporting, which is expected, to be timely and accurate. Based on our monitoring and assessment of your in -year service and financial reporting, your cash flow may be adjusted appropriately to match actual services provided. The government. remains committed to eliminating the deficit by 2017-16 and therefore it is critical that, you continue, to manage costs within your approved budget. .J2 156 Please review the new land arnbUlance services grant amount carefully. Should you require any tr,urther int'ormu~utlon or clarifiration, please contact Teresa leu rnaudo, S nior Financial ,analyst at (416) 212-0506 ur y e-mail at tere,ber7rlau„udor Ontario, a. &nn r ty .w....n... , Patricia U Assistant Qeputy Minister ter Enclosure c' Mr. Paul 'Ens, Warden, The County, of Elgin Mr. Pier F lotico, Director, Financial Management Branch, h, M OHLTC Ms,. Eva Roszuk, Wedrn Director, Fiscal Oversugiht, & Performance rforman Branch, MOHLT 157 m 2015 Grants G ra nt Parw I ri, 8 all a nce 2t 1 S T'atal IHS Grint Paments in 201 County of EI S One- Ebola Virus DIsease Vr �neas C�n!�-Llme Grant a I TIme Grants 9,34 B .......... Tot�al EIIS One -Time Gran!,Eg -7 '2411 S TO TAL E H S, G RA N T'S 14 A 158 From: Nancic Date: October 6, 2015 at 2:4628 I'M TO: Mark Cc, Dan Date < Nm' Jh'ddale " Lisa Pcfic.'�'n <!L), Subject: Aylmer Library Town C0111161 NSOILIfi011 f"rum Lhc niccling held, on October 5, 2015: Resolution No. 461-15 Moved by Cmuicillor I'aur an,d seconded by Councillor Oslacb: That the cunim tin ication data September 23, 2014 Jrotn the County (if Elgin respondinto the Town.'s resolution from the September 21, 2015 Town Council meefing, about the proposed Aylmer 1..Jlbrary,. be received for inforni,ation. I N anci e J. Irving, C.M.) Clerk/Lottery Licensing Officer ,. I . own of Aylmer 461'albot Street West Ayfiner ON NT511 1-17 Ph :519-773-31 X74 Flax 519-765-1446 Email itvin www I-IICII 159 , F11 Elgin COOMIC11 V CAO 5 ) WFIle,Cade. Clerk M Name! Mr. of FIrane 13 SubJect -------- Mr. PlaWunSurv. ja, Of Opel'atans 13 Daje-AmW, I, Pro Chlefft�mrg Se,rv, a Merl qFP I t �Pleia,ge be advised that in response to the correspondence frorn the To,wn of Aylmer dated September 8, 2015 Elgin County Council adopted the following resolution at its meetinM held on September 22, 2015: I II;jI il�' I 111 111!111111 nONIMJJ 11"WIMMM", I0 1 1 1 1 1 1 W i" 4, 1. , I- , - 0, - 11101TE911111MMAIRI DONNA—'rM - H 11111 M - Carried. I LjVjj6LOj-a 11 11 111j111 -rrU IS 37 1 TWIN-WdURM11 i R a `WJarFff Cultural Services. "ours truly, Katherine Thompson, Marketing and Communications Coordinator rft7—Rff V. M 1 -7 M M 160 C'Ooi ty vi I Ekpn Admidswitive Serwloes A 50Sun= On-jo Ron 519,631 I&Ali I From:� Nande Irving Sent Wednesday, September 09, 2015 11V AM To: Mark McDonald cc: Jenrifer Reynaertn Dani:al Da[e (dda1e@town.aylrne,r.on,ca)- Usa Pelton jIPe1t0q@10art ,QYIMer-0P,,C0) Subject: yher Library Attachments: .0160908- D M IN -Li rare Footpri,n t -Leasing Options. pd,f 110401irmg 17 WIN HrM.'.5PrRTI-aM1 PERIL. I i Im IRSUN: M-11 its I 111601[mamp [14 rt ft".771ROPHrUMM M-11 Re ut On N o, 4 10-15 Moved by Deputy Mayor French and sieconded by Councilljor Os�ach, That the folloWing actions be taken with respect to the Repoomi theAdministratior about Expanding the Library Folotprint and Leasing Opitionis: Council approves, in principal, leasing one space or an add'pace to Inlicrease the library footprinit, 1b) Thai, County Councill be requested to consider an additional spac�e OLS an option, an& cur -rent library site, prior to an RFP` being released; That County, Counci ,I be requested to consider a change In the County's current pollilz iha,t will allow an interest free Ioan to be granted for Improvements to prepare for fibirary ,i,ccupancy for a leased space; and fuirthor, (d) 'Th at Co uj nc It, su bj ect, to, 4I a I on rece 1 ved fro m C ou nty C oju nic I I ab out (b l a Ind (c) 2bove, provides Staff direction at a Wture Council meeting, about the prefe"ed location and �flze, prior to an RFP being re4eased. N I ancie J, Irving, CMO Tovvn of Aylmer 46, Talbot Street West Aylmer ON N'5H,1-J7 Ph 519-773-3104 161 0111.lflU, CalIALIJ, A I An' I I mm[ le ir, Rraud HCHA.Ige. Brig FUMMI. =111 �M—M— F�AM E3K$Ji k� I M 4"ji, FjU In Ramfi� Report 2.8-15, Expanding Library Foolprint, Leasing Opticns September 8, 20 15 Council, August 4tn Session Jennifer keynaeit, Administrator (a) That Council appiroves, in pOncipail, leasing one space or an addition space to increase the library footprint; i (4) That County Council be requested to consider an, additional space as air option, and provides Staff, an'd Council direction about the County's p referred location 1 n relatio n to th e current, lib ra ry site, prio r to an R FPf being released', (c) That County CouncUl be requested to consider a change �n the County's current policy that will allow an interest fre-eli loan to be granted for improvernents to re„, library occupancy for a leased spac% and f urt her, (d) Th at Coul nc i I ubject to t ' he decision received from Count,y Council about (b) and (c) above, provide'., Staff direction at a future Councill meeting, ,about the preferred, location and prior to an RFP being released. Council Action Itern kesoluOon 0 —27,T 162 MITI M- -97-TMMLIM�l M 'Town Council is guided by the Town's Procurement By -Law which ensures, that public funds are spent in an open and transparent way, Awordingly, a Request for Proposal should be advertised to seek lease,d space to accommodate either one fadlity or the, creation of an adocation. Council would need to provide Staff with direction regarding the desired location and size of space to be sought in this process. The cuirrent Ebrary location size just o ,000 square feet, Discussions during the previous term of Council would suggest Coone location in the downtown core, totalling, 8,00 10,000 square! feet, however, thlis di'scussion has yet to take place, during the current term of Council. The desired location and s1ze needs to be identified TIPET41"j, If County Council'and the, Town of Aylmer Council support two locations, the additional space sought mig ht be In the range of, 5,0GO — 7Oflo square feet. Council will need to seek input and directlon from County Council regarding a Willingness to entertain the operatilon of two sites, and input for an acceptable radius to the current location. The desired location and size needs, to be identified by Council, for inclusion in the RFP, 4approved by County Council. COMMY APpriovals: County Council will need to consider and support an additional! location to the current site as an option prior to the UP process taking place, This may cause some, challenges In staffing and administration which will require consideration and approval prior to proceeding, Elgin County has a policy that allows for interest free loans to assist withi Capital expenditures to prepare a new site for occupancy, The policy speaks to the munIcipality being the owner of, the land and building to quality, If the Town proceeds with leasing a building to provide a larger, footphent for library servicei, Council may wlsh to request,: consideration for sin amendment to the County polilicy that woor an interest free loan, for a "leased space" rather than owned" facility. Additionally, County Council may wish to ldenti1y an amount that coiuld, be support of either scenario, above (one facility vs, an additional facillty),to assist Council in making a final decision when thief RFFs are reviiewed. 163 There a,re seven ye r Iremaining, under the current lease with the, County for library service at the Old Town Hali Theatre. If considering an alternate location c�r an additional location, Aylmer Council and County Council will needi to approve and execute ain early expiry to the currant lease, Other Consldeitgtigas: Section "P of Councils adopted strategic plan identifies resolving the library issue, Iow the section from the strategic plan for, information: agaglve LikEgallEgg F-1 Determine current and projected needs, F-2 Determine, costs and benefits F-3 Obtain public input F-4 Develop partnerships with the County, as well as private entities and other public entities If appkabile F5 Determine program delivery needs such as English as a, second, �language, computer literacy and/or hornie school programs, F-6 Det erml n e whether It wl 11 be co ntler, in p ora ry', modem ot other 164 CA -I �Cd C'L IT, 3 1. Do nothing, retain the existing locatIM. 2, Lease] buy available space in, the core area of approx. 6,000 sq, ft". (oar more) and close existin glocation. 3. Relocate libraq to the EECC and, close present branch. 4,. EXtend existing location to the west. 5. Build new stand alone building 1 4 1 165 From: Nancie Irving $ent: Ties +y, cto be 06, 2015, 12,00 PM To., Jennifer Reynaert j u w rtKyjmjjrgnx.q>,, Lisa PeltoR, (Ugpftgn@j' ! N 2�y T Tr', 2 rjf Danial Dole StAbject. Ubrary Options - Nrection from Coundl - Oct 5, 201.5 Resoiution from the Council meeting held on October 5, 2015 about the Ayllnner Library [oration options. Res0lU.tion No. 462-15 Moved by Deputy Mayor French and seconded by Councillor Barboor; That the fol�low,ing actions be takenwith respect to the communication frorn (a) That Council refer the following options, to the Aidministratorto revi ew, a nd to s u bm it a report to a futu re C o ti n c i I m eeti n g: Option 1 - Do nothing, retain the existing location Option 2 i- Lease �no,t buy) avallahle space in the core areoof approximately 6,ODO sq.ft. (or more) and close eXisting location Option 5, — Build new stand alone building;' It being noted that the Report will include detaJis for option about, - financing options - financial implications - space needs � location - process required; and further, It is understood that: - the preferred location area be within the SIA bottinidary . the lease option (Option 2) be for a ten-year lease iwith the view to build a stand along building in, the future the lease w en 2) be approximately �6,000-8,000 sq.ft the new building (Option 5) be minirrium 101,000 sq.ft. The motion is Carried, Naricie J. Irving, CSO Clerkli-ottery Licensing Officer Town ofAylmer 46 Talbot Street West Aylmer ON N51-11 117 Ph 519-773-3,164 Fax 5,19-765-1446 Email nirvina0town.avimer.on.ca Imgr-g—a 166 Attorney General Meryluulrl-'coat B000ing 720 Bay Streof I I th Roor Tormlo ON M7A 2SO Tak 416-326-4000 Faxs 41 e 0-4016 Ocloher 8, 20I5 Mr, Paul Ens, warden County ol"Elgin 450 Sunset'Drive St., 'I I honi;as, ON N51Z 5V I M-ar NVartIcil Ens: Proturoure g6n6ralo �difim OCT 13 '2815 720, n.je Ray 11", Maw CQUWY OF C.I.G04, rurunlu ON M7A 2SO T61,:: 416-3216-40 Talk' dl OLUr Reference 4h MC - 2,015-5554 "I'liank you for your letter dalecl Septernbor 9, 2015ahout, the Ministry of 1, he Attorney Genzral""' plaris to increase (I"10A) utast recovet'y ratus for tt(ljjUdiC!1(',iUll alld. 01C nimdtoring andr e%)'fb'rCh),g of the POA transret, agreen:ienls. I acknowledge -that ific8e cost recovery updates mpresent additional casis lo III ulticipalillies. We have worked will'i our niunicipal parniens, to tylake municipal conn jircwcsse� Hiorro oft"i6ent and to enhatwe POA fine enforcernent. Municip,al. revenues frorn POA Pities have increased by Inure than w3 Iyer cane sii,,lee 2(Mand are alnusl double whittwas esdn'iated wlteo uwnicipuhtios took on 11tese rcsjxnisilbififiCSr GiVC11, HUI[ lIILIllJCljKrll I Lies C(fllect illese revcTlue's, wefeel it is fail-th"It they pay the full. cost of P'OA. court services delimy. You ask (hat I co,nsid�,r delayijig, the: pl,,,,mnvd inc-rcases to POA cost recovery rates to aihga WiIh tnea';Llres suggested to reduce tnullicipal costs and to itMaSO fir) 0 C(AIOC6011S. We 11"lVe rah-Q'4t(ly implemented many initialives of" this, rulture developed in collaboration with niurticipal s4akebol (lets,F(,),r exat-tiple, we have given 111tulicipalities the ability to aUr defaullcd fines to propeily u'lx rolls, Illade it cosier for niunicipalities to use collection agencies topursue def-iulted fines and have itnplein,ented, a new ealy 1.080hrlt'on Proee"S' deV0j()j10(-j ill C1011aborafion. with Ill , ( fr �') fall trj'j� UlliCip'll suakeholders, [o he4p avoid the co.0 j. Dolaying the planned updates, to, POA cost recovery rates isnol an uororiutaiteiy, until 110W.111L.Illicipalities have pajd only a 1wilion of 111C 1"I.14l'isary's (:,ost'lls rulated to the niumicipul delivery (I,r POA court wrvices. The province's fiscal siluatiou rat awns that the 11111fistry is no longer In a position to subsiclizelhe J)ItjrliCipaj (leli°Very of7 JOCaij Cf)rjrt'Wr'VjCCS° ... '2, 167 m In accordance with the mi 'I ggestions of tho Muuicipa I Court Managers' Aisociation, we will focus our inunedia(e of"I'arts on ideritif,"ied key priori.tici w mitigate the, impact afthe Planned, cost rocovery incretises, such as updating the -fcc added when a'P,OA fine gac,in'tt) def"ault, We will Confirlue to 111eet regularly with in.unicipal representatives to caticlude onp.,)ing, work, to modcmize POAprocesses and on, fine mforcement initiatives requiesteki by rivanicipal staketiolders. We look ft)tvard to confinuing this irnportant wott with municipal suikeholder� and on sirengthming the provincial-nikinicipal POA partnership, Piank, you again, fot your letter. I trust that this information will be of assistance, Sin.ccrely, Madeleine Nleilltaur Ailorn,ey General Im RMNUUmm Mr. Mark G. McDonald Chief Administrative Officer County Administration Buil6ing 450 S,unset Drive St. Thomas, ON NSR 5X7 rnmcdonq1d@e,1.qi.n.ca,. Mr. Peter M. Crockett. Chief AdministrativeOfficer County of Oxford 21 Reeve Street, P, 0, Box 1614 Woodstock, Ontario, N45 7Y3 ,p,croc1(eU@oxf'prdcouUV.ca, M, r. Andy Grozelle Clerk & Manager, CouncH Services N o rf'o 1. k 50 Colborne Street South Simcoe, 1411 3Y 4t15 Mr. David Calder Chief Administrative Officer TdIsonburg Customer Service Centre '10 Lis,gar Avenue THIsonburg, ON N4G 5A5 d,calder@tillsonburg.ca 169 Law A ft I res jur I d I clues Yamnick Landry com"O Ajml'ia't q37, a w0michalk'm %UUM MW 0,3d5, r=, do U Simi Oivkru Cues; Ntonnal,Qudbm Cafflaf.1a W111WA (Qufte'p comoa k Iii 249 2PAq Tdr4tcm: (51.4)39q 8752 g p 1) h c m- : (514) 395 $752 Faol,mflW �514),199-44eo T614Gtop1wr: bnW: yanIcklamb"Vura, courriel Octc)berl 3,201' ) Page 2 M,s. LyndIa Millard Clerk Bayharn Pi,Of. Box 160 9344 Plank Road Straffordville, ON NQJ 'IYO I mi Jard(cfbayh a, n.ca Ms. Michelle M. Casavecchia Chief Administrative Officer & Clerk Malahide ,87 John St., SouTh Aylmer, ON N5H 2'C3 mcasavecchia@rnalahide.ca M. Jennifer Reynaert Chlef Administrative Officer Aylmer 46 Talbot Street West Aylmer,, ON NSH IJ17 jreynaert@tgwn.ayImer.o,n.ca October 13, 2015 11"ITMI11TIM MITU We were recently apprised that there are plans to remove sorne of the track on the abovie-mesti oned line, 170 ()ctober- 13, 2()J5 Pan 3 We would like to advise you that the Cayuga Spur between Mile 87.217 near Courtland, Ontario and Mile, 114.55 near St, Thomas is Mill an active railway Hine under federal Jurisdiction. We cannot stress enough that any private or pub individual who unilaterally lifts assets of an; active railway line places the safety of CN's, employees at risk and is In contravention of the laws of Canada. Ner be advised that CN will take all necessary measures In, the event of tiny harmi such .tions may have against CN, its employees and agents. We would Hketo also advise you that over the next four weeks, there will be active rail activity on the line to proceed with the inecessary work in. order to SrUstain more traffic. CN is currently working with a local railway operator to resume rail s,ervice on the rail line that will expand the reach of the businesses ini your municipalities to, the North American markets, This, acbon by CN will help keep business in Your' municipalities providing jobs, and other, benefits to yoour stakeholders. YOUrS truly, Yannick Lardiry, Counsel 171 A 110116 Mi,i�i,iicipalifies Dnlarit,) October 14, 2015 David Marr Warden County of Elgin ,450 Sunset Drive St. Thomas, ON N5�R 5V1 Dlear Warden Marr; 0 Jr. (,:A t I ie Pa: idervit f ("o a . .. . . . 1 As you know, the Association of'Munlcipailitles of Ontario (,AMO) administers the federal Gas Tax Fund for all Ontario municipalities, except the, Oty of Toronto.The attached Report for the year ending,December31, 20114 tells the story of how the federalGas Tax Fund is at work across our Province, Not including the 0ty of Toronto, Ontario's municlp-a] governments invested $50 million un more than 1,200 infrastructure projects worth more than $,4 billion in 2014. AMO administers the has fax Fund on a per capita basis, meaning that municipalities, are aware of theiir futurefund1iing allocations ardl can budget accordingly. this Unique arrangement its the result of a federal -i -municipal partnership that is more than 10 years old and benefits, all municipalities in ontdriu In 20,14 AMO signed a new Agreement with the Government of Canada for an additional 10 years, The Agreement bluilds, on the, Fund's strengths with, new, features, inClUcling increased flex1lbility, new requirernents for asset management plannng and new project categories to invest in. YOU can learn more about the new Agreement on page 17, The new Agreement also puts a greater eimphasis on cornmunicaflons. Turn to page 19 for more information about how AMC and the municipalities are vo,orldng hard to promote the benefits of the federal Gas, Tax Fund across Ontariu, Weencouirage you to share this Report with your Vocal Council. You can also visit Lv�Ll, A at any time and find the Gas Tax projects in your community by searching Dur project map. The federal Gas Tax Fund is one of the only pernianent, predictable and stable sources of funding for municipal infrastructure, The Fund is improving the quahty of life in our mun icipal !ties and helping to rnake Ontario a fa ntastl c place to 11 ive, work,, visit and do business, ShOUld you (have any questions, please feel free to contact AW's Executive Director, Pat Vanini at 416-971-9B56, or Sincerely, Gary McNamara AMC, President Attachment 172 COUNTY OF ELGIN By -Law No. 15-25 "BEING A BY- LAW TO AUTHORIZE A FRANCHISE AGREEMENT BETWEEN THE CORPORATION OF THE COUNTY OF ELGIN AND NATURAL RESOURCE GAS LIMITED" WHEREAS Section 5(3) of the Municipal Act, S.O. 2001, Chapter 25 as amended grants municipal power to exercise its capacity, rights, powers and privileges by by-law; and, WHEREAS Section 8(1) of said Act confers broad authority to municipalities to govern its affairs as it considers appropriate; and, WHEREAS Section 9 of said Act confers upon a Municipality the rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act: and, WHEREAS the Council of the Corporation of the County of Elgin deems it expedient to enter into the attached franchise agreement with Natural Resource Gas Limited. NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: THAT The franchise agreement between the Corporation of the County of Elgin and Natural Resource Gas Limited, attached hereto and forming part of this By -Law, be authorized and the franchise provided for therein is hereby granted; and, 2. THAT the Warden and Chief Administrative Officer be authorized and directed to enter into and execute the franchise agreement, which is hereby incorporated into and forming part of this By -Law; and, 3. THAT this By -Law shall come into force and take effect upon receipt of the written order by the Ontario Energy Board; and, 4. That By -Law No. 95-42 be repealed. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 27TH DAY OF OCTOBER 2015. Mark G. McDonald, Chief Administrative Officer. 173 Paul Ens, Warden. COUNTY OF ELGIN By -Law No. 15-26 "BEING A BY-LAW TO RESTRICT THE WEIGHT OF VEHICLES PASSING OVER BRIDGES AND TO REPEAL BY-LAW NO. 13-22" WHEREAS Section 123 (2) of the Highway Traffic Act, being Chapter H.8, R.S.O. 1990, as amended, provides that the Municipal Corporation or other authority having jurisdiction over a bridge may by by-law limit the gross weight of any vehicle or any class thereof passing over such bridge, and the requirements of Subsection 1 with respect to the posting up of notice apply thereto; and WHEREAS it is deemed expedient to limit the weight of vehicles passing over certain bridges in the County of Elgin. NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: 1. That no vehicle or any class thereof, whether empty or loaded, shall be operated over any bridge designated in the Schedules No. 1 and No. 2, forming part of this By -Law, with a weight in excess of the weight limit prescribed in the Schedule for such bridge. 2. That any person violating any of the provisions of this By -Law shall be subject to the penalty provided in Section 125 of the Highway Traffic Act. 3. That this By -Law shall become effective once a notice of the weight permitted, legibly printed, has been posted up in a conspicuous place at either end of each bridge designated in the attached Schedules. 4. That this By -Law shall be effective upon passing and until October 22, 2017. 5. That By -Law No. 13-22 be and is hereby repealed. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 27TH DAY OF OCTOBER 2015. Mark G. McDonald, Chief Administrative Officer. 174 Paul Ens, Warden. SCHEDULE NO. 1 By -Law No. 15-26 BRIDGES ON COUNTY ROADS No. Bridge Road Name of Location Weight Year of Type of No. No. Bridge Limit in Construction Floor (MTO) Tonnes Finish 1. 5-133 27 Meeks Lot 16, Range 1, 8 1900 Concrete North of Union Road, Township of Southwold 2. 5-136 4 King Reg. Plan 117, Level 1 — 13 1938 Steel George former Village of Port Level 2 — 18 IV Lift Stanley, now Level 3 — 23 Bridge Municipality of Central Elgin, East Side of Kettle Creek, Lot 5, West Side of Kettle Creek, Lots 5 and 6. This weight limit is based on the detailed evaluations and recommendations of Spriet Associates as per their report dated September 22, 2015. 175 SCHEDULE NO.2 By -Law No. 15-26 BRIDGES ON LOCAL ROADS No. Bridge Name of Location Weight Year of Type of No. Bridge Limit in Construction Floor (MTO) Tonnes Finish 1. 5-110 Fleming Lot A, Con. Gore, Level 1-7 1940 Concrete Creek Municipality of West Level 2-12 Elgin Level 3-17 2. 5-60 Fulton Lot 3 and 4, Range Level 1-12 1912 Concrete I, West of River Level 2-18 Road, Township of Level 3-23 Southwold 3. 5-139 Gillets Lot 27, Con. IV, Level 1-25 1930 Concrete Municipality of Level 2-32 Central Elgin Level 3-34 4. 5-138 Jamestown Lot 28, Con. 11, Level 1-7 1909 Wood Municipality of Level 2-12 Central Elgin Level 3-17 5. 5-158 Vienna Lot 14, Con. III, 5 1925 Concrete Municipality of Bayham This weight limit is based on the detailed evaluations and recommendations of Spriet Associates as per their report dated September 22, 2015. 176 CLOSED MEETING AGENDA October 27, 2015 Staff Reports: 1) Manager of Human Resources -Municipal Act Section 240.2 (b) personal matters about an identifiable individual, including municipal or local board employees — Workers' Safety and Insurance Board (WSIB) Appeal Decision. 2) Chief Administrative Officer -Municipal Act Section 240.2 (b) personal matters about an identifiable individual, including municipal or local board employees — a) Contract Considerations for County Planning. b) In -House Legal Counsel and POA Prosecutor Contract Proposal. c) Verbal Update on Personal Matter about an Identifiable Individual — CAO and Director of Human Resources. 177