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14 - November 28, 2017 County Council Agenda Pkg.//1010 Elgin @ Q at_t 11 ,,, ,i ORDERS OF THE DAY FOR TUESDAY, NOVEMBER 28, 2017 - 9:00 A.M. ORDER 1 st Meeting Called to Order 2nd Adoption of Minutes — November 14, 2017 3rd Disclosure of Pecuniary Interest and the General Nature Thereof 4th Presenting Petitions, Presentations and Delegations DELEGATIONS: 9:00 a.m. Jeff Lawrence, Tree Commissioner/Weed Inspector, Year End Report for 2017 (Attached) 11:15 a.m. Lorne McLeod, Chair, Land Division Committee — 2017 Land Division Committee Report (Attached) 5th Motion to Move Into "Committee Of The Whole Council" 6th Reports of Council, Outside Boards and Staff 7th Council Correspondence 1) Items for Consideration (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 11th Motion to Rise and Report 12th 13th 14th NOTICE: Motion to Adopt Recommendations from the Committee Of The Whole Consideration of By -Laws ADJOURNMENT LUNCH WILL BE PROVIDED Deputy Warden for November Councillor Currie Deputy Warden for December Councillor McWilliam December 8, 2017 County of Elgin Christmas Party — St. Thomas Elgin Public Arts Centre 5:00 P.M.- 10:00 P.M. December 12, 2017 Warden's Election 7:00 P.M. (Official Attire) RECEPTION TO FOLLOW December 14, 2017 County Council Meeting (THURSDAY) Accessible formats available upon request. 1 DRAFT COUNTY COUNCIL MINUTES Tuesday, November 14, 2017 Accessible formats available upon request. The Elgin County Council met this day at the Administration Building at 9:00 a.m. with all members present. Warden Jones in the Chair. The Warden called the meeting to order and a moment of silence was observed in honour of Jim McIntyre former Warden of Elgin County. ADOPTION OF MINUTES Moved by Councillor Mennill Seconded by Councillor Marr THAT the minutes of the meeting held on October 17, 2017 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — None. DELEGATIONS Elgin St. Thomas Age Friendly Community Plan Deb Ballak, Shercon Associates Inc. and Dr. Joyce Lock, Medical Officer of Health, Elgin St. Thomas Public Heath with a PowerPoint presentation summarizing the needs assessment findings and goals emerging from the Elgin St. Thomas Age Friendly Community Plan. Moved by Councillor Mennill Seconded by Councillor Marr THAT the Elgin County Council endorse the Elgin St. Thomas Age Friendly Community Plan and prepare a letter of support for the organization; and, THAT the PowerPoint titled "Elgin St. Thomas Age Friendly Community Plan", from Elgin St. Thomas Public Health be received and filed. - Carried. EBRC & County of Elgin, A Perfect Partnership Kevin Jackson, General Manager of the Elgin Business Resource Centre with a PowerPoint presentation providing Council with an update on the on-going partnership between the EBRC and the County of Elgin. The presentation included a summary of businesses helped at the two satellite offices in Aylmer and Dutton as well as examples of businesses that have used the EBRC's services to successfully open or expand their operations. Moved by Councillor Marr Seconded by Councillor McWilliam THAT the PowerPoint titled "EBRC & County of Elgin, A Perfect Partnership", from the General Manager of the Elgin Business Resource Centre be received and filed. - Carried. Request to Designate/Name the Elgin/St. Thomas Ambulance Headquarters on Edward Street, St. Thomas in memory of Charles (Chuck) Leverne Brubaker (1937 — 2017) Dave Rock with a request to name the Edward Street Elgin/St. Thomas Ambulance Headquarters in memory of Chuck Brubaker to honour his outstanding commitment to paramedicine in the Province of Ontario. 2 County Council 2 November 14, 2017 Moved by Councillor Mennill Seconded by Councillor Marr THAT the Chief Administrative Officer be directed to undertake a review of existing policies regarding the naming of facilities and complete a report for Council's consideration. - Carried. Council recessed at 9:55 a.m. and reconvened at 10:10 a.m. Moved by Councillor Wiehle Seconded by Councillor Jenkins THAT we do now move into Committee Of The Whole Council. - Carried. REPORTS Term of Office of Warden — Warden Grant Jones The Warden presented the report asking Council to consider increasing the term of Elgin County Warden from one year to two years. Moved by Councillor Marr Seconded by Councillor Ens THAT the Chief Administrative Officer be directed to complete a report considering options related to the Warden's term of office. - Carried. ARUPLO Library Guidelines — Director of Community and Cultural Services The director presented the report informing Council that ARUPLO's Guidelines for Rural/Urban Public Libraries had recently been revised and provided a summary of some of the changes under these revised guidelines. Moved by Councillor Jenkins Seconded by Councillor Martyn THAT Guidelines for Rural/Urban Public Library Systems (3rd Edition, 2017) be received and filed as a reference document for Elgin County Library planning purposes. - Carried. Graham Road Paved Shoulders - Reallocation of Capital Funds — Acting Director of Engineering Services The acting director presented the report recommending that Council approve the reallocation of available capital funds towards paving shoulders along Graham Road in order to take advantage of the project timing and create cycle lanes in accordance with recommendations in the adopted Elgin -St. Thomas Cycling Master Plan. Moved by Councillor Wiehle Seconded by Councillor Ens THAT Graham Road, between Talbot Line and Marsh Line (4.14km) receive paved shoulders as designated cycling lanes during resurfacing operations proposed in 2018; and, THAT $170,000 of additional funding be allocated to the Graham Road Resurfacing Project (2018) from the Philmore Bridge Deck Replacement (62901601) and Road 9 Slope Repair (60901703) projects. - Carried. 3 County Council 3 November 14, 2017 September 2017 Budget Performance — Director of Financial Services The director presented the budget comparison for September with performance for the month of $33,000 favourable. Moved by Councillor Jenkins Seconded by Councillor Martyn THAT the report titled "September 2017 Budget Performance" from the Director of Financial Services, dated October 31, 2017, be received and filed. - Carried. Updated Grant Policy — Director of Financial Services The director presented the report recommending that Council approve updates to the grant policy. Moved by Councillor Mennill Seconded by Councillor Marr THAT the 2018 Grant Notification letters inform the potential grant recipients of the revised Grant Policy; and, THAT grant applications be reviewed by the Rural Initiatives Committee; and, THAT Council approve the revised Grant Policy as outlined in the report titled "Updated Grant Policy" dated October 30, 2017 to take effect with the 2019 Grant submissions. - Carried. Draft Approval for a Plan of Subdivision, Little Creek Subdivision Phase 3, Central Elgin, File No.: 34T-CE1701, Platinum Developments — Manager of Planning The manager presented the report providing Council with information required in order to consider granting draft plan approval to the above noted plan of subdivision. Moved by Councillor Marr Seconded by Councillor Jenkins THAT the Council of the Corporation of the County of Elgin grants draft plan approval to Platinum Developments (Elgin) Inc. Draft Plan of Subdivision (Little Creek Subdivision Phase 3) in the Municipality of Central Elgin (Port Stanley) File No. 34T-CE1701; and, THAT staff be directed to provide notice of this decision subject to the conditions for final approval in accordance with the Planning Act. - Carried. Final Approval for a Plan of Subdivision, Florence Court, Southwold Township, File No.: 34T-11001 — Manager of Planning The manager presented the report advising County Council that final approval was given for a plan of subdivision in the Township of Southwold on October 30, 2017. Moved by Councillor Marr Seconded by Councillor Wiehle THAT the report titled "Final Approval for a Plan of Subdivision, Florence Court" from the Manager of Planning, dated November 2, 2017, be received and filed. - Carried. 12 County Council 4 November 14, 2017 Revised Code of Conduct — Chief Administrative Officer The Chief Administrative Officer presented the report recommending that Council approve revisions to the Code of Conduct. Moved by Councillor Marr Seconded by Councillor Jenkins THAT Elgin County Council approve the Code of Conduct for Members of County Council and Council's Local Boards and Committee Members; and, THAT the appropriate By -Law be prepared. - Carried Unanimously. Non -Union Vacation Scheduling — Director of Human Resources The director presented the report recommending Council approve changes to Human Resources Policy 7.0 regarding Non -Union vacation scheduling procedures. Moved by Councillor Marr Seconded by Councillor Martyn THAT the report titled "Non -Union Vacation Scheduling" from the Director of Human Resources, dated November 7, 2017 be approved; and, THAT County Council approve and adopt the attached corresponding policy changes (Human Resources Policy Number 7.10), as soon as practicable. - Carried. CORRESPONDENCE Items for Information (Consent Agenda) Jeff Matthews, Project Manager, Dillon Consulting with Project Update on Highway 401 and Highway 4 (Colonel Talbot Road) Interchange Improvements including the Glanworth Drive Underpass. 2. Briefing Note re: AMO's Response to the Expert Panel on Public Health. Moved by Councillor Mennill Seconded by Councillor Marr THAT the Corporation of the County of Elgin support AMO's position in rejecting the recommendations of the Expert Panel on Public Health as outlined in the report "Public Health within an Integrated Health System", released on July 20, 2017 by the provincial government. - Carried. 3. Patricia Li, Assistant Deputy Minister, Ministry of Health and Long -Term Care providing the County of Elgin with its 2017 LASG calculation. 4. AMO's Federal Gas Tax Fund Annual Report for the year ending December 31, 2016. Moved by Councillor Ens Seconded by Councillor Marr THAT Correspondence Items #1, 3 & 4 be received and filed. - Carried. 5 County Council 5 OTHER BUSINESS Statements/Inquiries by Members - None. Notice of Motion - None. Matters of Urgency - None. Council recessed at 11:14 a.m. reconvened at 11:23 a.m. Closed Meeting Items Moved by Councillor Marr Seconded by Councillor Martyn November 14, 2017 THAT we do now proceed into closed meeting session in accordance with the Municipal Act to discuss matters under Municipal Act Section 239.2; (b) personal matters about an identifiable individual, including municipal or local board employees - Two Items: Organizational Review. (d) labour relations - Two Items: Labour Relations Matter and Intergovernmental Partnership Agreement. - Carried. Moved by Councillor Mennill Seconded by Councillor Marr THAT we do now rise and report. - Carried. Moved by Councillor Mennill Seconded by Councillor Marr THAT staff proceed as directed and the confidential report from the Director of Finance be received and filed. - Carried. Moved by Councillor Jenkins Seconded by Councillor Ens THAT staff proceed as directed and the confidential report regarding labour relations from the Director of Human Resources be received and filed. - Carried. Moved by Councillor Martyn Seconded by Councillor Marr THAT the Chief Administrative Officer proceed as directed and the confidential report regarding Organizational Review, dated November 14, 2017, be received and filed. - Carried. Moved by Councillor Marr Seconded by Councillor Wiehle THAT the confidential discussion regarding the proposed merger of Elgin St. Thomas Public Health and Oxford County Public Health be received and filed. - Carried. 9 County Council 6 November 14, 2017 Motion to Adopt Recommendations of the Committee of the Whole Moved by Councillor Marr Seconded by Councillor Mennill THAT we do now adopt recommendations of the Committee Of The Whole. - Carried. BY-LAW Moved by Councillor Mennill Seconded by Councillor Ens THAT By -Law No. 17-38 "Being a By -Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the November 14, 2017 Meeting" be read a first, second and third time and finally passed. - Carried. ADJOURNMENT Moved by Councillor Marr Seconded by Councillor McWilliam THAT we do now adjourn at 1:10 p.m. and meet again on November 28, 2017 at the County Administration Building Council Chambers at 9:00 a.m. - Carried. Julie Gonyou, Grant Jones, Chief Administrative Officer. Warden. 7 "jREPORT TO COUNTY COUNCIL FROM: Jeff Lawrence, Tree Commissioner/Weed Inspector DATE: November 10, 2017 SUBJECT: Tree Commissioner/Weed Inspector Year End Report for 2017 INTRODUCTION: The following is a summary of activity related to the Elgin Woodlands Conservation By - Law for the period of November 1, 2016 to October 31, 2017 and weed inspection activity for the 2017 season. DISCUSSION: Logging Activity/Applications to Harvest: A total of 136 applications to harvest were submitted from November 1, 2016 to October 31, 2017. This number is down from 195 in 2016. Applications were filed by municipality as follows: West Elgin 16 (26), Dutton/Dunwich 5 (28), Southwold 23 (19), Central Elgin 14 (27), Malahide 40 (35), and Bayham 38 (60). The total volume harvested was down as well from roughly four and a half million board feet to approximately 3 million board feet. The total forested area involved in these harvests was approximately 3500 acres. (2016 totals are in brackets). Applications for Woodland Clearings: There were four applications received to clear portions of woodlands within the county in 2017, for a total area to be cleared of 1.855 hectares (-4.59 acres). These applications were approved conditional upon conformity with Elgin County's "No Net Loss" policy. Three applications for clearing 1.48 hectares (-3.66 acres) were for clearing works located in the Municipality of West Elgin. The remaining application was located in the Municipality of Central Elgin for clearing 0.375 hectares (-0.93 acres). Violations: There were a number of circumstances where trees were cleared by landowners without first receiving the required permit or authorization. All of these situations were considered minor and were resolved. Two violations from 2015 that proceeded into the court system were resolved in 2017 and resulted in guilty charges, fines and reforestation orders. Weed Complaints and Orders: A total of 12 complaints were received over the 2017 season. This number is consistent with those received in 2016. No Weed Destruction Orders were issued in 2017. 0 Meetings and Workshops: Presentation was provided to Township of Malahide outdoor staff as part of their health and safety training, to assist with identifying and dealing with noxious weeds that present potential risk to employee health. The Woodlands Conservation By-law was promoted at the Western Fair Farm Show in March. The "Measuring Up" presentation was given at the Carolinian Forest Festival. Promotional Campaign: Efforts undertaken over the past few years to improve public awareness of Elgin County Woodlands Conservation By-law 05-03, including the distribution of mini -posters and the tri -fold brochure at various locations though out the county, will continue in 2018. CONCLUSION/RECOMMENDATION: THAT the report titled "Tree Commissioner/Weed Inspector Year End Report for 2017" from the Tree Commissioner/Weed Inspector, dated November 10, 2017 be received and filed. All of which is Respectfully Submitted Approved for Submission Jeff Lawrence Julie Gonyou Tree Commissioner/Weed Inspector Chief Administrative Officer 9 000 a November 9, 2017 The Warden and Members Elgin County Council 450 Sunset Drive St. Thomas, Ontario N5R 5V1 Attached is a report of the number of severance's dealt with by the Land Division Committee for the period November 1, 2016 to October 31, 2017. Trusting this is satisfactory. Yours truly, ae,j Lorne McLeod Land Division Committee /sg Att. Oa inty of Elgin Engineering Services 450 Sunset Drive St. Thomas, On N5R 5VI Phone: 519-631-1460 www.eIginC0Unty.ca Chairman's Report to County Council — November 28, 2017 In 1971 Elgin County CoUD[j[ by bV-8VV in accordance with the P|oDOiOg ACt, appointed 8fiv8 D7erObe[ Land OiViniOD CoDlDlKhem to decide p|8DDiDg Ol8ttena for the CDUOtv Of Elgin, with the 8XC8OtioO of Yarmouth, 80UthvVn|d, Port Stanley and Be|[DnDt which Municipalities were delegated tothe County iO1074. -the mandate and purpose of the Land Division Committee is to determine the viability of Applications for Consent and make Decisions that reflect sound planning principles based on judgement Ofthe information provided. Consent may bogiven ifsatisfied that 8plan Df subdivision of land is not necessary for the proper and orderly development of the municipality. In making a decision on an application, the approval authority shall have regard to the requirements of the Planning /\Ct, the policies of the OffiCi@| p|8D (both County and K8UDiCip@|). the OOV8OlDleDt'S PnDViDCi8/ Policy 8t8t8Dl8Ot, Gg8OCy CODlDleDtS. and input from the public. In 8Dattempt tOmake sound planning decisions the Committee carefully reviews all Ofthe factors involved when deliberating. |tisthe duty 0fthe Committee tomake decisions. ADecision iStV approve O[tOdeny. The Secretary -Treasurer is responsible for the daily operations Of Land [}iViSiDO activities. This involves the entire process from initial public enquiries to preparing for, attending and recording meetings and Decisions of the Land Division Committee in accordance with statutory requirements. The Secretary -Treasurer acts in an advisory capacity regarding policy and pFOCedUF8. The Land Division Committee has been 8County function for over 4Oyears. {|oDODlitte8 members are appointed by County COUDCi|' but the relationship is unique, as the Committee members are @tarms length from making political UDbi8S8d d8CiSiODS. Presently there are seven members on the Land Division Committee which are appointed by County Council for the term January 1.2O15tODecember 31.2018. Lorne McLeod - Chairman, Lorne iSresponsible for the Municipality ofDUttOO/DuOVViCh Graham Warwick - Vice Ch@i[Dl@D' Graham is responsible for the Municipality of West Elgin Rosemary Kennedy — Rosemary is responsible for the Township of Malahicle Stan Lfdster, - Gt8D is responsible for the Township Of80UthVV0|d Kathleen Schaper - Kathleen iGresponsible for the Town OfAylmer Brent SteVnart— Brent is responsible for the Municipality of B@yh8[D Bill Walters — Bill is F8GpUDSib|e for the Municipality of Central Elgin The Ontario Association of Committee of Adjustment and Consent Authorities (OACA) offers seminars, conferences and workshops annually. The Association offers a four day Spring Conference and a one day Fall Seminar. AfU|| schedule of workshops which are intended to keep you up to date on changing legislation and current 0Ohow todOthe job are offered @tboth the conference and seminar. The C}AC/\also offers iOhouse "Back tOBasic" workshops which include a"how to" resource for committee Dle0bB[G and staff. 11 LAND DIVISION COMMITTEE REPORT November 28, 2017 To the Warden and Members of the Elgin County Council The Land Division Committee reports as follows: LAND SEVERANCES November 1, 2016 - October 31, 2017 Number of Hearings - Full Days 8 Half De ys 3 ALL of which is respectfully submitted Lorne McLeod Chairman 12 Granted Not Existing New Surplus Easement/ Deferred Municipality Conditionally Granted Lot Lot Dwelling Right of Way/ or Lease Tabled 2016 2017 2016 2017 2016 2017 2016 2017 2016 2017 2016 2017 2016 2017 AYLMER 2 5 1 5 1 BAYHAM 12 15 1 3 8 8 2 4 1 2 1 CENTRAL ELGIN 27 8 1 8 5 11 6 2 2 1 3 4 DUTTON/DUNWICH 8 8 1 2 1 6 6 2 MALAHIDE 63 25 2 7 1 14 14 11 10 31 2 3 SOUTHWOLD 19 11 3 1 6 5 10 5 WEST ELGIN 8 11 3 2 5 8 1 1 TOTAL (2016 - 141) 139 2 23 41 40 35 9 TOTAL (2017 - 84) 83 1 13 33 35 2 9 Number of Hearings - Full Days 8 Half De ys 3 ALL of which is respectfully submitted Lorne McLeod Chairman 12 REPORTS OF COUNCIL AND STAFF November 28, 2017 Staff Reports —(ATTACHED) Manager of Library Programming & Community Development — Elgin County Library Projects, Programs, Partnership and Activities — May to October 2017 Purchasing Coordinator — General Insurance and Risk Management Services Program for 2018 Purchasing Coordinator — Quarterly Information Report — Contract Awards July 1, 2017 to September 30, 2017 Acting Director of Engineering Services — Ambulance Station Lease Agreement Renewals Chief Administrative Officer — Western Ontario Wardens' Caucus (WOWC) Update Chief Administrative Officer— Terms of Office of Warden Chief Administrative Officer— Proposed Elgin County Sidewalk Grant Program PowerPoint 13 w, rmllllyij J flgin 1 wrae'h 4dWer 1M',r REPORT TO COUNTY COUNCIL bFCr FROM: Sandra Poczobut, Manager of Library Programming and Community Development DATE: November 1, 2017 SUBJECT: Elgin County Library Projects, Programs, Partnerships and Activities — May to October 2017 INTRODUCTION: The Elgin County Library is pleased to present Council with an overview and update of projects, programs, partnerships, and activities that have occurred from May to October 2017. DISCUSSION: The last six months have involved the launch and growth of several programs such the new E -waste drop-off initiative in partnership with the STEAM Centre and the expansion of the `Books 2 Go' program to the eastern portion of Elgin County in partnership with the Victorian Order of Nurses (VON). The library celebrated Ontario Public Library Week in October with a branch tour of children's book character `Pete the Cat', an event to celebrate libraries with award-winning author Terry Fallis, and a profile of the Elgin County Library and rural libraries in general as part of piece on public libraries for TV Ontario's The Agenda. In addition to successful programming and new initiatives, engagement with patrons has increased across all social media channels. Projects Books 2 Go The Books 2 Go program provides homebound library patrons with access to library materials as delivered by volunteers of the West Elgin Community Health Centre (WECHC). In 2016, the program extended the parameters of eligibility to include patrons that are interested in utilizing the service temporarily due to reduced mobility as a result of weather or health. From May to October 2017, 877 items circulated to homebound patrons based out of the Dutton, Rodney and West Lorne branches. This program has seen a steady increase of use by patrons. 527 items were circulated to participants from May to October 2016, 869 from November 2016 to April 2017 and 877 items from May to October 2017. Currently staff is looking to extend the program to the east -end of the County. To make this initiative possible, a partnership with VON is being explored as the organization has an existing volunteer base that is already visiting seniors with reduced mobility. The extended program aims to launch in December based out of the Aylmer branch. 14 Growing with Books Growing with Books is a partnership with the Elgin St. Thomas Public Health Unit and involves providing parents of newborn children with literacy and parenting resources as part of the initial visit by a public health nurse. The program was launched in 2003 with the support of an Ontario Trillium Foundation grant and received additional funding from the foundation in 2010. New parents receive a book bag, board book, informational resources on development and an invitation to receive baby's first library card at any of the library's ten branches. The St. Thomas Public Library is also a partner. In the last six months, 79 Growing with Books kits were distributed by public health nurses to newborn children in the County. The library has sufficient supplies and the capacity to update marketing materials to sustain this innovative program for several more years. E- Waste Recycling Program This fall saw the successful installation of E -waste bins at the Dutton, West Lorne, Southwold, Springfield and Belmont branches. Patrons can now drop off E -waste such as computer towers, monitors, small appliances and used cell phones at the listed branches while supporting the STEAM Centre's youth focused programming. Items are either recycled, reused or repurposed as learning tools for Science, Technology, Art, Math and Engineering (STEAM) based skills. Already there is much interest from patrons in supporting the program while having an additional resource for E -waste disposal in their communities. Data on total amount of waste kept from landfills as a result of the program will be tracked and made available. Councillors interested in more information about the program are welcome to contact the Manager of Library Programming and Community Development. Programs TD Summer Reading Club TD Summer Reading Club saw increases in participation and reading across the library system in 2017. This program annually engages with the community to encourage reading in the summer months and promotes learning, community building and engagement with patrons young and old. This year, a total of 974 children registered for the program, up from 867 in 2016. In 2017, resources were allocated to programming that would attract more families and create opportunities for community connection as opposed to running smaller in -branch events. 75 programs ran across the branches in 2017 as opposed to 92 in 2016 but overall attendance increased to 2,024 compared to 1,842 visits in 2016. The 2017 theme was Canada 150 and communities took the opportunity to celebrate Canada's history and diversity at the local level. Culture Days The libraries once again participated in Culture Days on September 30th and October 1St This Canada -wide initiative enables communities to highlight their cultural assets. This year, Elgin County Archives staff used green screen technology at the Aylmer Library to immerse patrons into historical photos from the archives' collection, while the Elgin 15 County Museum partnered with the Port Stanley branch for a talk on the story behind the salvaged stained glass that now adorns the entrance to the library. Another highlight was a special Indigenous program with artist Todd Jamieson that shared cultural knowledge with children and families at the new Southwold Township Library, Shedden branch. Free Comic Books Days April and October Free Comic Book Day is a growing initiative with youth and this year Elgin County Library engaged in the program for the first year by offering patrons an opportunity to dress as their favourite superhero and engage in comic book themed activities. The initiative also provided an opportunity to highlight Elgin County Library's collection of graphic novels while connecting youth with the library. Ontario Public Library Week 1,193 patrons helped Elgin County Library celebrate Ontario Public Library (OPLW) from October 15th to 21St by attending dynamic programs across the County. Popular story book character `Pete the Cat' made a County -wide tour of children's programs, providing an opportunity for staff to connect to local schools, daycares and home school networks. The week's major event took place at the Port Stanley Library and Port Stanley Festival Theatre and featured a reception and talk by award-winning author Terry Fallis. Later that week, the Director of Community and Cultural Services brought a rural perspective to a panel conversation about the changing nature of public libraries on TVO's The Agenda with Steve Paikin. Partnerships Elgin Children's Network (ECN) The Elgin Children's Network, a planning table that brings together stakeholders that provide children's services, continues to support planning for families and children in Elgin County. In the summer of 2017, the Library's Manager of Programs and Community Development became co-chair of the network alongside a representative of the City of St. Thomas. As the City is currently undergoing a staffing transition, the Manager is currently the sole chair until such transition occurs. ECN has been supporting the planning portion of the new Ontario Early Years Child and Family Centres that are unfolding in Elgin County and across the province. Council can expect further updates surrounding potential childcare and early years centres as plans unfold with the City of St. Thomas and in tandem with the Ministry of Education and local school boards. STELIP The St. Thomas and Elgin Local Immigration Partnership (STELIP) continues to actively collaborate with Elgin County Library. This summer, STELIP staff joined the Springfield branch to offer multicultural activities for families. In addition, Elgin County Library participated in an annual event this past fall called "Walk with Me", connecting with various service providers and promoting the theme of unconscious bias. 16 STEAM Centre The STEAM Centre remains a strong ally in helping with maker space technology and by acting as a resource for the community. This summer, the STEAM Centre applied for federal funding through a program called CANCODE in partnership with UnLondon. If the application is successful, funding will enable the STEAM Centre to support more coding workshops and technology programs at library branches. A decision is anticipated before the end of 2017. In addition to day-to-day activities, the STEAM Centre is currently hosting STEAM School in partnership with the Thames Valley District School Board for Grade 10 students in the region. The program aims to offer a project -based learning experience and connect students with future -based technology and skills. Social Media Social media continues to be an effective way of reaching and interacting with the community while posting updates and highlight programming across the County. Increasingly patrons are engaging with the library through these channels by sharing their experiences and asking questions. From May to November of 2017, Twitter followers increased from 825 to 982, a 19% increase. Post engagement on Twitter, the number of times posts are seen by the public, was at an all-time high. 62,502 interactions occurred in this time period, with Ontario Public Library Week garnering a total of 20,400 engagements. Facebook has also seen an increase in engagement and followers as targeted content aims to connect with various patron demographics. Facebook followers steadily increased by 19% since April from 825 to 947. CONCLUSION: The Elgin County Library is please to present Council with an update on projects, programs, partnerships and activities. RECOMMENDATION: THAT the report titled "Elgin County Library Projects, Programs, Partnerships and Activities — May to October 2017" dated November 1, 2017 be received and filed. All of which is Respectfully Submitted Sandra Poczobut Manager of Library Programming and Community Development Approved for Submission Julie Gonyou Chief Administrative Officer Brian Masschaele Director of Community and Cultural Services 17 �jrpi�" (�66us�e�w�lrc4�tt ��awmwa,� a« icoroe,riir� U � • Looking to reach homebound patrons Books 2 Go launched in partnership with West Elgin Community Health Centre in 2015 • The service will be extending to the Eastern parts of Elgin County in December in partnership with the Victorian Order of Nurses W C� MOK mm I it Ak� rcYWa.. iM IWO ! 111st, Oulonallas I.It lt,#bhc Ubrwy "001 rvwx"Wwn it I VA"Ifll 11,11 0 I= fuerarenury ''i TIP • Resource is distributed via newborn public health nurse visits and at Elgin County and St. Thomas libraries. 0 1111111Kits were distributed to new babies in Elgin County over the last 6 months Imll ��u�im, 'o �GREEN 2 i Em Vwwuum. wu w� ppppppIIIIU Vlwwwiwu wi w w uwwu a wwwwuwwwwulll� �IIIUiwwuuuw I uuuwww�uww.w. uw wwul�uuw. wuu�wu wuwuwwu IIIIIIIIIIIIUU � I� I �� II�III�I�I�III�II� 4 n II� Vli�lmlliuoi�ull Illlllllllllllllllli��l� � II. �I • E- Waste Bins are located at Springfield, Belmont, Southwold Township, John Kenneth Galbraith and West Lorne branches • In the first two weeks of the program 1,500 lbs of E -waste were collected from the Elgin County Library bins benefiting programs at the STEAM Centre 24 dit0/0001111; /oiia,,,, uuuuuuuu 4111,9 7 Children Registered for the Summer Reading Club 10 Programs were offered as part of Summer Reading Club HKm Odo"11,1111111114 ;miuu ll Patrons Participated in Summer Reading Club Programs I CREATE, SH Septe rnber 2%, 30 & October 1,2017 UN �NNUI�WVW No Cl"�fld arid Farnfly Centre • STEAM Centre ran Mission 150 this Fall — an interactive race involving STEAM tasks across Elgin County • The Thames Valley District School Board is offering a semester of STEAM School for grade 10 students focused on project based learning at the Centre 32 -muumuuuuium m r H i r Al TOP TWeet 1,361 OfficiM ribbon cufling cleremony at c�,ur new Southm"Ad Towriship ibrary 01 Shedder,01 Icaren vecdhioJeff(urek,IMPP Ib ir i ai in n i a 5 s c hoair.fie Ipw elf Saiirah Griffin Aft, 'I hainks to @IpsiniedJaiDtfice Officeir Sheby with our scavengleir hiurutfrxr PiwI Stianly Ubrairly L,JbrElginCoi�,,i�iiity p�c t,,,,,,vrtIer a , f, II 1401, 1 : Examples of Social Media Engagement from the Elgin County Library Twitter Feed 33 Top'Tweet evf,, j 11) K e vu, , Now that's a funky call tDete ofWdHy co,impfeted Ns tour of Elgin County, [Jbrary brar�ches� iie now needs a cat nap� 1,4arper'Cliddrens 11, , V Rr TOPITWee t "e Yah„ J Tfv6s mon'th's,#Pdde flagraising @1NECHC with speeld"ies; b, IElgin County'ViVarden, NIP & PAPP, @,JeffYtirel(POIPP I 111"1 1 10, 1 Hill JJ11JJJJJJJ!J !!!!!!JJJ�JJJJJJJII 19% Increaselin Twitter Followers 62,502 Twitter Engagements 34 ',jREPORT TO COUNTY COUNCIL FROM: Mike Hoogstra, Purchasing Coordinator DATE: November 10, 2017 SUBJECT: General Insurance and Risk Management Services Program for 2018 INTRODUCTION: This report provides details on the County's discussions regarding General Insurance and Risk Management Services for 2018. DISCUSSION: As per Council's resolution on December 12, 2013, Frank Cowan Company was selected to provide a General Insurance and Risk Management Services Program for 2014, with options to renew for up to four, one year terms, provided that the premium increase does not exceed 10% of the previous years' insurance program, exclusive of any program changes. Staff recently entered into discussions with Frank Cowan Company regarding the extension of the contract for our insurance program for 2018, the final year of the contract term. Frank Cowan Company provided the following premium information: 2018 Annual Premium (Proposed) $385,229 2017 Annual Premium $367,403 Difference $17,826 (4.9% increase) The 2018 premium increase is approximately 4.9%. There are no changes proposed to any of the coverages or deductible limits for 2018. Some minor improvements have been made to the coverages for Equipment Breakdown and Property to reflect inflationary trends. In addition, with the completion of the new Elgin County Heritage Centre anticipated in December, this new facility will be added to the County's insurance policy. A summary of the annual premiums and increases for this contract term are noted below: 2014 $340,458 2015 $355,869 2016 $360,252 2017 $367,140 2018 $385,229 (First year of new contract term) 4.3% 1.2% 1.9% 4.9% 36 CONCLUSION: Frank Cowan Company has been the County's General Insurance and Risk Management Services Program provider for many years. In late 2013 Council approved renewals for the subsequent four years provided increases do not exceed 10%. The 2018 premium cost is $385,229 which represents an approximate 4.9% increase from the 2017 premium. As per Council's 2013 resolution, the contract with Frank Cowan should be renewed for a further year. RECOMMENDATIONS: THAT Frank Cowan Company be selected to provide General Insurance and Risk Management Services at the proposed annual premium cost of $385,229 plus taxes commencing December 15, 2017 until December 15, 2018; and, THAT the Warden and Chief Administrative Officer be authorized to sign the contract. All of which is Respectfully Submitted Mike Hoogstra Purchasing Coordinator Jim Bundschuh Director of Financial Services 37 Approved for Submission Julie Gonyou Chief Administrative Officer w, rmllllyij J flgin 1 wrae'h 4dWer 1M',r REPORT TO COUNTY COUNCIL bFCr FROM: Mike Hoogstra, Purchasing Coordinator DATE: November 14, 2017 SUBJECT: Quarterly Information Report -Contract Awards July 1, 2017 to September 30, 2017 INTRODUCTION: As per the County of Elgin's Procurement Policy, an information report containing the details relevant to the exercise of delegated authority for all contracts awarded that exceed $15,000 including amendments and renewals is to be prepared and reported to Council. This report covers the period from July 1, 2017 to September 30, 2017. DISCUSSION: The Council of the Corporation of the County of Elgin delegated authority to the Directors to award contracts as follows: Value Report Status Greater than $15,000 No report to Council required if within 10% of the but less than $50,000 approved budget allocation Greater than $50,000 No report to Council required if within approved but less than $100,000 budget Council also approved that an information report would be brought forward containing details of the award of contracts including amendments and renewals. The detailed report of the award of contracts is attached as Appendix A. RECOMMENDATION: THAT the report titled "Quarterly Information Report - Contract Awards, July 1, 2017 to September 30, 2017" dated November 14, 2017 be received and filed. All of which is Respectfully Submitted Mike Hoogstra Purchasing Coordinator Jim Bundschuh Director of Financial Services W Approved for Submission Julie Gonyou Chief Administrative Officer APPENDIX A Purchases/Projects greater than $15,000 July 1, 2017 to September 30, 2017 Department Budget Project Supplier / Amount Allocation Contractor (HST excluded) Engineering Capital Chatham Street (CR# 39) French Gary D. Robinson $78,800 Drain Installation Contracting Engineering Operating Administration Building - Cleaning GDI Services $93,576 Services Contract Renewal (Canada) LP (1 year) Information Operating Kronos Workforce Software and Kronos $22,792 Technology Equipment Support Services (September 2017 — September 2018) 39 w, rmllllyij J flgin 1 wrae'h 4dWer 1M',r REPORT TO COUNTY COUNCIL bFCr FROM: Peter Dutchak, Acting Director of Engineering Services DATE: November 14, 2017 SUBJECT: Ambulance Station Lease Agreement Renewals INTRODUCTION: The County of Elgin owns four ambulance stations across the county. The County of Elgin's land ambulance service provider (Medavie EMS Elgin Ontario Inc.) leases the ambulance stations from the County as part of the formal agreement. The lease agreements expire on December 31St, 2017 and must be renewed to reflect the new contract service terms. DISCUSSION: The County of Elgin has recently extended the contract with Medavie EMS for the provision of Land Ambulance Services for an additional 3 years and until December 31St 2020. As part of the agreement, the County of Elgin provides the ambulance stations (with the exception of Rodney and Port Burwell), and the service provider must enter into lease agreements with the ambulance station owners. The existing ambulance station lease agreements expire on December 31St, 2017 and must be renewed to extend the term to match the contract extension terms. The attached Schedule `G' forms part of the service agreement and lists the locations of the ambulance stations and the lease rates for the term of the contract. These terms have been reflected in the revised ambulance station lease agreements. The County Solicitor has prepared the lease renewals and draft copies have been approved by Medavie EMS. CONCLUSION: Ambulance station lease agreements between the County of Elgin and Medavie EMS must be renewed to match the terms of the service agreement contract extension. RECOMMENDATION: THAT the Warden and Chief Administrative Officer be directed and authorized to execute the Ambulance Station lease agreements between the County of Elgin and Medavie EMS Elgin Ontario Inc. All of which is Respectfully Submitted Approved for Submission Peter Dutchak Julie Gonyou Acting Director of Engineering Services Chief Administrative Officer 40 Schedule "G" Approved. Work Locations (Ambulance Stations) The following lands and premises are approved work locations as Ambulance Stations: 1. 125 Edward Street, St. Thomas, Ontario 2. 31 Shaw Valley, St. Thomas, Ontario 3. 49452 Talbot Line, Aylmer, Ontario 4. 29493 Pioneer Line, Dutton, Ontario 5. 210 Alley West Side, Rodney, Ontario 6. 55451 Nova Scotia Line, Port Burwell, Ontario It is the responsibility of the Proponent to enter into Lease Agreements for all Ambulance Stations: All Ambulance Stations except that at 210 Alley West Side, Rodney, Ontario, and 55451 Nova Scotia Line, Port Burwell are owned by the Corporation of the County of Elgin. The following chart summarizes the rental charges for the Ambulance Stations owned by the County during the initial Term of the Agreement: No. Location Square 2018 2019 2020 Footage Lease Rate per Lease Rate per Lease Rate per square footage square footage square footage 1. 125 Edward St., St. 8,770 $13.80 $14.10 $14.40 homas 2. 31 Shaw Valley, St. 2,960 $13.80 $14.10 $14.40 Thomas 3. 49452 Talbot Line, 3,331 $13.80 $14.10 $14.40 Aylmer 4. 29493 Pioneer Line, 3,383 $13.80 $14.10 $14.40 Dutton 5. 210 Alley West Side, 3,500 $7.25 $7.32 $7.39 Rodney 6. 55451 Nova Scotia 1,500 $0.00 $0.00 $0.00 Line, Port Burwell 41 w, rmllllyij J flgin 1 wrae'h 4dWer 1M',r REPORT TO COUNTY COUNCIL bFCr FROM: Julie Gonyou, Chief Administrative Officer DATE: November 19, 2017 SUBJECT: Western Ontario Wardens' Caucus (WOWC) Update BACKGROUND: At the request of Council, I prepared the following overview of the Western Ontario Wardens' Caucus. In addition to researching their recent achievements, I took this opportunity to look forward into 2018 to present their focus points for 2018. While the strategic direction for the organization is established at their Annual General Meeting in January, it is clear from the discussions in 2017 that there will be two major initiatives for the Caucus to focus on in 2018. The governance for the WOWC is established on an annual basis. Elected from within the members of the Caucus, the current WOWC Chair is Gerry Marshall from Simcoe County. Gerry will not be seeking re-election for the Chair position in January as he is a candidate for the upcoming provincial election. In addition to establishing a governance Chairperson on an annual basis in January, the Caucus also establishes a lead from an administrative perspective. Traditionally, the CAO from the Chairperson's County is established in that position. In addition to the administrative support from that CAO position, the WOWC also utilizes paid administrative support services for minutes and agenda preparation services. Western Ontario Wardens' Caucus (WOWC) group represents 15 upper and single -tier municipalities in Southwestern Ontario. The Chief Administrative Officers (CAOs) of these municipalities meet regularly between meetings of the Wardens. County participants include: Simcoe, Grey, Bruce, Dufferin, Wellington, Waterloo Region, Huron, Perth, Oxford, Brant, Norfolk, Elgin, Middlesex, Lambton, Chatham -Kent and Essex Counties. The main goal of the WOWC is to work together to influence federal, provincial and municipal legislative, regulatory and program initiatives. This is accomplished through advocacy, research, analysis and education. Recent Focus: In an effort to level the playing field between Southwestern Ontario and the rest of Ontario, WOWC is focussing on the following areas: 1) Economic Development Strategy to expand the prosperity base of the region; 2) SWIFT network and the provision of a fibre -based broadband network; 3) Sustaining municipal provision of Long Term Care; :, 4) Newcomer attraction and retention for rural communities; 5) Regional transportation study; 6) Advocacy efforts with Provincial and Federal Governments on such issues as the local impacts of labour contract arbitration; and 7) Advocacy efforts for stable municipal funding and more predictable funding from the other orders of government — particularly for critical infrastructure. While SWIFT was the primary focus of the WOWC over the last few years, with the implementation of SWIFT well underway, the Caucus has now shifted their focus to the development of an Economic Development strategic plan for Southwestern Ontario. Economic Development In 2017, the WOWC worked towards the implementation of an Economic Development Strategic Plan that was initiated by the CAOs. As the work progressed on this project, a number of County Economic Development Officers have now taken the lead in the project and are moving forward with the hiring or secondment of an Economic Development Officer for this project. To bring this project to completion in a timely fashion, the WOWC will be requesting additional funding in 2018 for this project. The goal of the strategic action plan is to show the region's commitment to working together and speaking with one unified voice on critical economic issues in Southwestern Ontario. In the view of the WOWC, this cohesiveness of thought and effort is vital to the continued expansion of the economy in Southwestern Ontario and the pursuit of funding from senior levels of government for economic development. Broadband Earlier this year, the Council of the County of Elgin signed an agreement with SWIFT for the provision of broadband services. With this agreement in place, SWIFT is now responsible for working with service providers in our community to ensure the provision of equitable and affordable access to an ultra high-speed broadband network regardless of population density in our County. Our "kickoff' meeting for this project is scheduled for December and at the conclusion of this meeting, I will be in a better position to advise of the implementation schedule and strategy for this important community economic development initiative. WOWC CAO Meetings Since joining the County of Elgin, I have had the opportunity to attend two CAO Meetings for the WOWC. These meetings are an important opportunity to gain perspective on the challenges facing Counties across Southwestern Ontario and to learn more about the strategies that my colleagues are using to address these challenges. In February of 2018, 1 am pleased to be hosting my colleagues at our new Elgin County Heritage Centre. This is an important opportunity for my colleagues to learn more about the exciting projects we are undertaking at the County of Elgin, while at the same time showing them our newest completed facility. 43 RECOMMENDATION: THAT the report titled "Western Ontario Wardens' Caucus Update" from the Chief Administrative Officer, dated November 19, 2017 be received and filed. All of which is Respectfully Submitted Julie Gonyou, Chief Administrative Officer �rrarrrrrrlfi��j�fli m r REPORT TO COUNTY COUNCIL � +��e6 reY„4uur ka�+�auJar FROM: Julie Gonyou, Chief Administrative Officer DATE: November 19, 2017 SUBJECT: Terms of Office of Warden INTRODUCTION: At the November 14, 2017 Elgin County Council meeting, Warden Jones presented a report contemplating the desired length of Warden's term of office. I was asked to prepare a report analyzing the various options and the best practices from Counties across Ontario. The intent of this report is to provide council with options available and to provide a forum for discussion. Decisions regarding an appropriate governance structure to serve the County today and into the future are not to be taken lightly. BACKGROUND: The term of office of Warden is steeped in history and dates back to the beginning of municipal government where the term of office of municipal councils was one year in length. Since that time there was an evolution from two to three and eventually four-year terms of office for municipal councils. The logic for increasing the term of municipal council was to provide for such things as more long-term visioning, strategic planning and increased continuity based on the growing complexity of governance matters being dealt with by municipalities. The question for this report is which is the best method for achieving these goals for the Warden's position in Elgin County. Updates to the Municipal Act have not required heads of county councils to have four year terms. Rather, the legislation was made to be permissive to allow for one, two or four-year terms. Over the years, some county councils have moved to two-year terms and a few have even moved to four-year terms. I have completed a survey of other counties and included the results in this report. It should be noted that at this point in time no two-tier county has moved to direct election of its head of council. This does exist, but in single -tiers such as Haldimand, Norfolk and Brant. ANALYSIS: In reviewing all of the options for governance change, there are as many opinions on which is the best methodology as there are options. Depending on which county, governance body or administrator you talk to, they each have their favourite and strong arguments for why their methodology is the best. In regard to the one-year term of Warden that currently exists in Elgin County, there are several arguments for retaining the status quo. 45 Support for the Status Quo: • The current system appears to be working well, there is no need for change; • It affords more members of county council the opportunity to run for office knowing that the time commitment is limited; • It refreshes county leadership on a regular (annual) basis; • It encourages or provides greater opportunities for those from smaller municipalities to participate as Warden; • The Warden is held accountable on an annual basis to County Council; and • In a federation of many local municipalities it provides more frequent opportunities to share the leadership among and give voice across more of the constituent municipalities. As highlighted in the Warden's report, there are also some arguments for changing the term of Warden. Arguments for Change include: • Insufficient time to develop relationships with other government and/or business interests; • Insufficient time to champion any corporate vision and sustain longer term initiatives; • The frequency of change in the position does not promote stability as a result of annual changes; • As a result of the above factors, the position may be considered more ceremonial in nature, at the expense of the actual leadership component; • A longer term of office may enable the incumbent to address the shortfalls noted above; however, a longer term may also have its downsides, including: o The position of Warden (unless directly elected) comes with two jobs: to represent the interests of the local municipality and the constituents that elected him/her, and; to lead county council and represent the interests of the county corporation. It can be a challenge even within a one-year mandate for the incumbent to serve both interests well. Increasing the term and leadership responsibilities and corporate expectations of the Warden's role may be overwhelming and diminish the effectiveness of the incumbent in performing both mandates. o A longer time commitment may dissuade some county councillors from seeking the position due to competing work, family or local municipal commitments. Legislative Requirements: A change to the term of office of warden falls under Section 218(4) of the Municipal Act and would require notice to the public and at least one public meeting. It does not require a triple majority vote. A by-law changing the term of office of warden would not come into effect until after the next municipal election in 2018. As well, two year terms cannot overlap municipal election cycles. While further investigation is needed in regard to implementation strategy and specific timing for any proposed change to the term of office, it is clear that all changes must be fully implemented prior to the Nomination Period which is May 1, 2018. County Comparisons: For the purposes of this review staff compared Elgin County with selected other counties. It is recognized that each county is different, provides different services, has different arrangements with neighbouring counties or constituent municipalities and faces different issues and challenges. A comparison however provides some context for considering matters of governance. Figure 1 provides a summary. Only four two-tier counties in the comparison group have opted for longer terms for the position of Warden — those being Oxford and Essex (four years), Lambton, Simcoe and Wellington (two years). The rest have remained at one year terms, with the possibility of incumbents being re-elected to an additional consecutive one-year term. Incumbents being re-elected is not a rare event in most two-tier systems, including in Elgin County where this has occurred on several occasions. During the course of the last County Council discussion on the term of office for Warden, an additional option for addressing the stated goals was brought forward. Specifically, members of Council suggested that there is an opportunity for the creation of a Deputy Warden position that would provide the stability, continuity and general governance improvements that the Warden's report pursues. The Deputy Warden position and the merits of this methodology is utilized in several neighbouring Counties. In discussing this system with my colleagues, it is clear that they believe that the establishment of a Deputy Warden position is very beneficial. The question that would need to be answered is how the Deputy Warden position would be established and compensated for the role. While there are several options, the option that would be most desirable for the stated goals in Elgin is the utilization of the Past Warden as the Deputy Warden in the following year. This would provide the continuity and leadership that we are striving for while at the same time ensuring that the time commitment required to be Warden remains at its current level. The Deputy Warden would have several roles to play in this structure. The first role would be to fill in for the Warden during any absences. The second role would be to provide leadership and organizational history for all strategic discussions. No system is perfect and the Deputy Warden solution has some potential challenges as the first year of a term, it is possible that the immediate Past Warden would not be on County Council and therefore unable to fulfil this role. However, this can be addressed by assigning the role of Deputy Warden to the most recently elected Warden of those on County Council. Next Steps: The term of office of Warden is a decision that rests solely with County Council. In addition to the attached chart, Council can use their own experiences and observations to consider which option is best for Elgin County. It must be remembered that notice and a public meeting are required. If it is Council's wish to move away from the status quo a resolution would need to be passed by County Council recommending this with the view that it would be finalized after giving the public notice and holding a public meeting. 47 RECOMMENDATION: THAT the report titled "Terms of Office of Warden" from the Chief Administrative Officer, dated November 19, 2017 be received and filed. All of which is Respectfully Submitted Julie Gonyou, Chief Administrative Officer Figure 1: County Comparison #'of Caunciil. C linty; Jame P(7PULATIONHead Longer CountyCoun 'll.Size of Term � Election Standing Meeting/,' Council (Years), m Committee Tier Month Grey 94,000 9 18 Warden 1 Indirect 4 Standing 1 Simcoe 280,000 16 32 Warden 2 Indirect 5 Standing 1 Oxford 111,000 8 10, (8 mayors + 2 Woodstock) Warden 4 Indirect None 2 Wellington 86,700 7 16, (7 mayors + 9 ward) Warden 2 Indirect 8 Standing 1 Huron 59,000 9 16, (9 mayors + 7 deputies) Warden 1 Indirect Committee of Whole 1 Lambton 126,000 11 17, (11 mayors + 6 deputies) Warden 2 Indirect 2 1 Middlesex 72,000 8 12, (7 mayors + 5 deputies) Warden 1 Indirect None 2 Bruce 66,000 8 8 Warden 1 Indirect 4 Standing 1 Essex 124,000 7 14 Warden 4 Indirect None 2 Elgin 51,000 7 9 Warden 1 Indirect Committee 2 of Whole Norfolk 64,000 0 9 Mayor 4 Direct Committee 2 of Whole Perth 38,000 4 11, (4 mayors + 4 deputies + Warden 1 Indirect None 2 3 others based on pop.) 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VIII VIII °° w VIII VIII "' VIII "' ""' VIII w w IhIncIrease VIII VIII VIII "' "' VIII "' VIII "' w �IIIII "' VIII VIII VIII VIII VIII VIII "' �IIIII "' ""' "' VIII w VIII w Act &I,OeVIII VIII VIII I IIIII'iiiii"' VIII "' VIIICosts un"Ifunded VIII VIII VIII "' VIII VIII VIII VIII VIII °°° VIII VIII VIII VIII VIII w VIII w u c"ItVIIIo III IllndIII VIII dIII VIII VIII VIII VIII VIII VIII VIII Illlli y owe IrlllllllltVIII'e lir Ini a VIII'° VIII VIII it! VIII VIII VIII "' VIII VIII VIII'° VIII dedIsVIIIaniii UIQ;;" CORRESPONDENCE — November 28, 2017 Items for Information (Consent Agenda) — (Attached) 1. Yasir Naqvi, Attorney General announcing that the Stronger, Fairer Ontario Act (Budget Measures), 2017, was introduced in the Legislature on November 14, 2017. 2. Hon. Charles Sousa, Minister of Finance and Hon. Bill Mauro, Minister of Municipal Affairs announcing the release of the Ontario Municipal Partnership Fund (OMPF) municipal allocations for 2018 and 2018 Allocation Notice. 65 Attorney General McMurtry -Scott Building 720 Say Street 11th Floor Toronto ON M7A 2S9 Tel: 416-326-4000 Fax: 416-3264016 November 16, 2017 Dear Head of Council: Procureur g6n6ral tdifice McMurtry -Scott 720, rue Bay 11 6 Stage Toronto ON M7A 2S9 T61.: 416-326-4000 T616c.: 416-3264016 Our Reference #: MC -2017-9129 As a follow-up to the ministry's letter to municipal partner CAOs dated August 2, 2017, 1 am pleased to let you know that the Stronger, Fairer Ontario Act (Budget Measures), 2017, was introduced in the Legislature on November 14, 2017. As part of this bill, proposed legislative amendments to the Provincial Offences Act would: 1. Streamline and simplify processes; 2. Enable expanded online service delivery; 3. Enable the transfer of responsibility for a broader range of provincial offences prosecutions to municipal partners; and 4. Further strengthen municipal fine enforcement tools. For more information on the proposed amendments please go to: http://www.ontla.on.ca/web/bills/bills detail. do?locale=en&lntranet=&Bil IID=531 6 I believe that, if passed, these changes would make the process for resolving provincial offences simpler, more accessible and more convenient for Ontarians. Thank you for your interest in this important initiative over the past few years and for your continued support and co-operation as we move forward. Sincerely, Yasir Naqvi Attorney General c: Chief Administrative Officer M Ministry of Finance Office of the Minister 7th Floor Frost Building South 7 Queen's Park Cr Toronto ON M7A 1Y7 Tel (416) 325-0400 Fax (416) 325-0374 www.fin.gov.on.ca November 20, 2017 Dear Head of Council: Ministry of Municipal Affairs Office of the Minister 17th Floor 777 Bay Street Toronto, ON M5G 2E5 Tel (416) 585-7000 Fax (416) 585-6470 www.mah.gov.on.ca We are writing to announce the release of the Ontario Municipal Partnership Fund (OMPF) municipal allocations for 2018. In 2018, the Province will provide a total of $510 million in unconditional funding through the OMPF to 389 municipalities across the province. As announced in the 2017 Ontario Economic Outlook and Fiscal Review, the Province is increasing the total OMPF envelope by $5 million beginning in 2018 to further support northern municipalities. The OMPF, combined with the municipal benefit resulting from the provincial uploads, will total more than $2.6 billion in 2018, which is equivalent to 14 per cent of municipal property tax revenue in the province. As you know, the OMPF was redesigned in 2014 following discussions with municipalities from across the province. Consultations with municipalities and the Association of Municipalities of Ontario (AMO) have continued over the past year and have focused on refining the program to ensure it meets the long-term priorities of municipalities.The 2018 OMPF balances the range of views expressed by municipalities through our consultations, while reflecting the core objectives of the redesigned program. The 2018 program will further target support to municipalities with more challenging fiscal circumstances by increasing the Northern and Rural Fiscal Circumstances Grant to $89 million from $82 million in 2017. Additionally, the Northern Communities Grant component of the OMPF program will be enhanced to $89 million in 2018, an increase of $5 million over 2017, to further recognize the challenges of northern municipalities. This builds on the enhancement provided to northern municipalities in 2016. Lastly, the Rural Communities Grant, which continues to support rural communities across the province, will total $150 million in 2018. The farm enhancement of the Rural Communities Grant will grow from $10 million in 2017 to $15 million in 2018 to further support municipalities with the highest levels of farm land. As in prior years, the 2018 funding guarantee for municipalities in southern Ontario will be at least 85 per cent of their 2017 OMPF allocation and for municipalities in northern Ontario will be at least 90 per cent of their 2017 OMPF allocation. Municipalities in all regions of the province with the most challenging fiscal circumstances will continue to have their funding enhanced up to 100 per cent of the prior year's allocation. ../cont'd 67 The Ministry of Finance's (MOF) Provincial -Local Finance Division will be providing your municipal Treasurers and Clerk -Treasurers with further details on the 2018 OMPF. This information and other supporting materials will be posted in both English and French on the MOF website: http://www.fin.gov.on.ca/en/budget/ompf/2018. Our government has a very strong record of supporting and working in partnership with municipalities. As confirmed in the 2017 Ontario Budget, we are pleased to fulfil our commitment to the upload of social assistance benefit costs, as well as court security and prisoner transportation costs, off the local property tax base. These uploads will be fully implemented by 2018. As a result of the provincial uploads, Ontario municipalities will benefit from approximately $2 billion in reduced costs in 2018 alone, for a total benefit of over $13.5 billion since the uploads began in 2008. Going forward, the Province will focus on investing in infrastructure, which will benefit communities across Ontario. The government is making one of the largest infrastructure investments in Ontario's history, more than $190 billion over 13 years, beginning in 2014-15. This includes increasing provincial investments in municipal infrastructure through the Ontario Community Infrastructure Fund (OCIF), Connecting Links and the Provincial Gas Tax Program. These investments will strengthen Ontario's road, bridge, transit, water and wastewater infrastructure. The Province is also working with the federal government to invest in infrastructure programs such as the Clean Water and Wastewater Fund (CWWF), and is investing up to $100 million of proceeds from the provincial carbon market in a new Municipal Greenhouse Gas (GHG) Challenge Fund in 2017-18. This investment will support projects that reduce GHG emissions, such as renewable energy and energy efficiency retrofits to municipal facilities like arenas, and energy -efficiency upgrades to drinking water or wastewater treatment plants. In closing, we would like to thank our municipal partners for their feedback and input into the the design of the 2018 OMPF program. We look forward to continuing the strong partnership we have with communities across Ontario. Sincerely, Information Copy Original Signed By Charles Sousa Minister of Finance Information Copy Original Signed By Bill Mauro Minister of Municipal Affairs M Ontario Municipal Partnership Fund (OMPF) Ontario 2018 Allocation Notice County of Elgin 3400 2018 Highlights for the County of Elgin • The County of Elgin's estimated benefit of the 2018 provincial uploads totals $4,064,400 , which is the equivalent of 6% of all municipal property tax revenue In the County. • In addition, the County of Elgin will receive $739,700 through the 2018 OMPF. • The 2018 uploads combined with the OMPF exceed the 2017 combined benefit by $535,400. A Total 2018 OMPF $739,700 1. Assessment Equalization Grant .._,._..:_..._..._.,._,......_................................. ......_........... ._..._..._...__......_..._.. _._.....__..._..._..._..._..._._._..__..._..._.,....._..------ ....... ._..._. 2. Northern Communities Grant 3. Rural Communities Grant 4. Northern and Rural Fiscal Circumstances Grant __..._.__..._..._..._..._..................._........_..._..._.._..._...__._..._..._.-..._...—.............. _,...._............................. ....... .................. __._..._, 5. Transitional Assistance $739,700 B 2018 Combined Benefit of OMPF and Provincial Uploads (Line 131 + Line 132) $4,804,100 1. Total OMPF (Eq( to Line - — ._.._._.._..,_ - — — N �.._.. - — - - - -..,_..._...-..-_...__.............._.._.._..._..... $739,700 -- — _ ,•._.._. 2. Provincial Uploads (see 2018 Upload Notice Insert) $4,064,400 C Other Ongoing Provincial Support $3,163,500 1. Public Health _.._........... $1,354,700 2. Land Ambulance........_..._...__.._..._.._..._..._..._..,_,.._.._..._..._..._..._.._..._..._..._..._..._..._..._..._..._,.._..._..._,.._..,.__.._..._.._..._..._..._..._.._..._..._..._. $1,808,800 D Key OMPF Data Inputs 1. Households _,.._..._...,_............._..,._..._.__..._..._,.._..._..._..._..._.._.,._.__..._..._.._..._..._..._..._..._..._..._...__._..._..._..._....__._...__._..._ 20,566 ._..,_..,_..._.,...,,._.,._. 2. Total Weighted Assessment per Household_..._..._................................._.__._...__._..._.. $276.978. 3. Rural and Small Community Measure _._...__._..._...__.._..._.__..._.. - ..._...__._._.............. ................... ....... --........ ......... _....... ......... ....... 87.5% ............................ 4. Farm Area Measure - _-.-_.._.._,---•-d--•----,---._--------_•_-_-----••--------•--------------•---.----•-•-------•-----._-----•----_-.._..._.._..__.._..._ . n/a _/a 5. Northern and Rural Municipal Fiscal Circumstances Index — _ n/a 6. 2018 Guaranteed Level of Support __._._.__.._..._..._-.•_..__._..._..._..._..-_..._..._ ......_..._.__. -- 85.0% 7. 2017 OMPF (Line A from 2017 Allocation Notice) $870,200 Note: See line item descriptions on the following page. M Issued: November 2017 Ontario Municipal Partnership Fund (OMPF) Ontario 2018 Allocation Notice County of Elgin 3400 2018 OMPF Allocation Notice - Line Item Descriptions A The OMPF grants are described in detail in the 2018 OMPF Technical Guide - this document can be found on the Ministry of Finance's website at: http://www.fin.gov.on.ca/en/budget/ompf/2018 If applicable, reflects the amount of transitional support provided to assist the municipality in adjusting to the redesigned OMPF A5 program, and/or changes in municipal circumstances. See the enclosed Transitional Assistance Calculation Insert for further details. 131 Sum of 2018 OMPF grants (Equal to Line A). B2 Estimated 2018 benefit of the Province's upload of social assistance benefit program costs. For further details see the 2018 Upload Benefit Report. The estimated 2018 municipal benefit resulting from the upload of public health costs from a provincial share of 50 per cent in 2004 to 75 per cent in 2007. In two-tier systems, this benefit is identified at the upper -tier level. Actual municipal savings may not C1 correspond with the Allocation Notice due to budget approvals made by the local Board of Health. Municipalities may provide additional funding beyond their obligated cost share or receive additional savings through other provincial grants for public health programs and initiatives. Any additional municipal funding or savings are not included in the calculation of the public health figure. The estimated 2018 municipal benefit of the Province's 50 per cent share of land ambulance funding relative to its share in 2005. C2 This incremental increase in land ambulance funding delivers on the Province's commitment to strengthen land ambulance services and maintain the 50:50 sharing of land ambulance costs. In two-tier systems, this benefit is identified at the upper -tier level. D2 Refers to the total assessment for a municipality weighted by the tax ratio for each class of property (including payments in lieu of property taxes retained by the municipality) divided by the total number of households. D3 Represents the proportion of a municipality's population residing in rural areas or small communities. For additional information, see the 2018 OMPF Technical Guide. D4 Represents the percentage of a municipality's land area comprised of farm land. Additional details regarding the calculation of the Farm Area Measure are provided in the 2018 OMPF Technical Guide. The Northern and Rural Municipal Fiscal Circumstances Index (MFCI) measures a municipality's fiscal circumstances relative to D5 other northern and rural municipalities in the province, and ranges from 0 to 10. A lower MFCI corresponds to relatively positive fiscal circumstances, whereas a higher MFCI corresponds to more challenging fiscal circumstances. For additional information, see the 2018 OMPF Technical Guide. D6 Represents the guaranteed level of support the municipality will receive from the Province through the 2018 OMPF. For additional information, see the 2018 OMPF Technical Guide. D7 2017 OMPF allocation Note: Provincial funding and other ongoing provincial support initiatives rounded to multiples of $100. Ontario Ministry of Finance Provincial -Local Finance Division 70 Issued: November 2017 rte} Ontario Municipal Partnership Fund (OMPF)r• Ontario 2018 Transitional Assistance Calculation Insert County of Elgin 3400 A 2018 OMPF Transitional Assistance (Line B2 - Line B1 if positive) $739,700 B Supporting Details 1. Sum of 2018 OMPF Grants, excluding Transitional Assistance $0 2. 2018 Guaranteed Support (Line 132a x Line 132b) $739,700 a. 2017 OMPF (Line A from 2017 Allocation Notice) $870,200 .... _....... _.._...__.._..._.__..._.__..................... _........................ -_.................. ...........-•----__._..._a._..._...._..._.._..._..._..._.. - - ._.._-.._..._. b. 2018 Guaranteed Level of Support 85.0% Note: See line item descriptions on the following page. 71 Issued: November 2017 Ontario Municipal Partnership Fund (OMPF) Ontario 2018 Transitional Assistance Calculation Insert County of Elgin 3400 2018 Transitional Assistance Calculation Insert - Line Item Descriptions A Represents the total Transitional Assistance the municipality will receive in 2018. B1 Sum of 2018 Assessment Equalization, Northern Communities, Rural Communities, and Northern and Rural Fiscal Circumstances Grants. B2 Guaranteed amount of funding through the 2018 OMPF 132a 2017 OMPF allocation 132b Represents the guaranteed level of support the municipality will receive from the Province through the 2018 OMPF. For additional information, see the 2018 OMPF Technical Guide. Note: Provincial funding and other ongoing provincial support initiatives rounded to multiples of $100. Ontario Ministry of Finance Provincial -Local Finance Division 72 Issued: November 2017 Ontario Municipal Partnership Fund (OMPF) Ontario 2018 Upload Notice County of Elgin 3400 A Estimated 2018 Provincial Uploads $4,064,400 1. Ontario Drug Benefits $558,000 - 2. Ontario Disability Support Pro ram_.Administration.Component____-..._...-...a..._..._._._..._.. _..._..._...._._...-$188.400 3 Ontario Disability Support Program Benefits Component $1,871,900 ..._..._ _..._..._ _ __----•-•--•--------._...._..._..._..._..._..._... _................ 4. Ontario Works - Benefits Component $893,600 5. Ontario Works - Administration Component SAdditional Supports ® _.. _.$552,500 B 2017 Provincial Uploads C Increase in Provincial Uploads Compared to 2017 (Line A - Line B) The removal of these costs off the property tax base benefits all taxpayers residing in the County of Elgin. Note: See line item descriptions on the following page. 73 $3,398,500 $665,900 Issued: November 2017 Ontario Municipal Partnership Fund (OMPF) Ontario 2018 Upload Notice County of Elgin 3400 2018 Upload Notice - Line Item Descriptions A Estimated 2018 municipal benefit resulting from the provincial upload of social assistance benefit programs and court security and prisoner transportation (CSPT) costs. B 2017 Social Programs Cost. Equal to Line A of the 2017 Upload Notice. Note: Provincial funding and other ongoing provincial support initiatives rounded to multiples of $900. Ontario Ministry of Finance Provincial -Local Finance Division 74 Issued: November 2017 COUNTY OF ELGIN By -Law No. 17-39 "BEING A BY-LAW TO ADOPT A CODE OF CONDUCT POLICY FOR COUNCIL AND LOCAL BOARDS TO PROMOTE ACCOUNTABILITY AND TRANSPARENCY IN MUNICIPAL GOVERNANCE AND TO RESCIND BY-LAW 12-19" WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, provides a Municipality with the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; and WHEREAS Part V.1, Accountability and Transparency, Section 223.2(1) of the Municipal Act, 2001, c. 25, as amended authorizes a Municipality to establish codes of conduct for members of council of the Municipality and of local boards of the Municipality; and WHEREAS the Council of the Corporation of the County of Elgin previously deemed it expedient to adopt By -Law 12-19 to establish a Code of Conduct Policy; and WHEREAS the Council of the Corporation of the County of Elgin deems it expedient to rescind By -Law 12-19; and WHEREAS the Council of the Corporation of the County of Elgin deems it further necessary to adopt a new Code of Conduct Policy reflecting the required ethical and legal requirements for all members of the Council of the Municipality and of local boards of the Municipality for all deliveries of services; NOW THEREFORE BE IT RESOLVED THAT the Municipal Council of the Corporation of the County of Elgin enacts as follows: THAT a Code of Conduct for Council and Local Boards attached as Schedule "A" be adopted. 2. THAT By -Law 12-19 hereby be rescinded. 3. THAT in the event that section or sections of this by-law thereof are found by a Court of competent jurisdiction to be invalid or ultra vires, such section, sections or parts thereof shall be deemed to be severable, with all other sections or parts of this by-law remaining in the full force and effect. 4. THAT this by-law shall take effect upon its adoption. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 28TH DAY OF NOVEMBER 2017. Julie Gonyou, Grant Jones, Chief Administrative Officer. Warden. 75 1 E.5, A "'' I , "It , By -Law 17-39 Schedule "A" CODE OF CONDUCT FOR MEMBERS OF COUNCIL LOCAL BOARDS FOR THE CORPORATION OF THE COUNTY OF ELGIN 76 CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS FOR THE CORPORATION OF THE COUNTY OF ELGIN PART1: PREAMBLE: ....................................................................................................................................... 3 PART 2: DEFINITIONS..................................................................................................................................... 3 PART 3: APPLICATION.................................................................................................................................... 4 PART4: PURPOSE...........................................................................................................................................5 PART 5: GENERAL DUTIES.............................................................................................................................. 5 PART 6: CONFLICT OF INTEREST..................................................................................................................... 6 PART 7: GIFTS AND PARTICIPATION AT EVENTS............................................................................................6 PART 8: INTERACTION WITH THE PUBLIC, OTHER MEMBERS and COUNTY STAFF ....................................... 8 PART 9: IMPROPER USE OF INFLUENCE......................................................................................................... 9 PART 10: CONFIDENTIAL INFORMATION....................................................................................................... 9 PART 11: COMMUNICATIONS AND MEDIA RELATIONS............................................................................... 10 PART 12: MUNICIPAL ELECTION CAMPAIGNS.............................................................................................. 10 PART 13: CONDUCT OF FORMER MEMBERS................................................................................................ 11 PART 14: USE OF COUNTY PROPERTY.......................................................................................................... 11 PART 15: NEPOTISM..................................................................................................................................... 11 PART 16: OBSTRUCTION OF INTEGRITY COMMISSIONER............................................................................ 12 PART 17: REPRISALS..................................................................................................................................... 12 PART 18: INTERPERSONAL CONDUCT AND COMMUNICATIONS: ................................................................ 12 18.1 REQUIREMENTS....................................................................................................................12 18.2 MUNICIPAL POLICIES..................................................................................................................... 12 PART 19: COMPLIANCE / ACCOUNTABILITY/ ENFORCEMENT.................................................................... 13 PART 20: OTHER COMPLAINCE/ENFORCEMENT RIGHTS BEYOND THE REFERRAL TO THE INTEGRITY COMMISSIONER............................................................................................................................ 16 PART 21: JUDICIAL INVESTIGATION............................................................................................................. 17 PART 22: SUMMARY..................................................................................................................................... 17 COUNCILLOR ACKNOWLEDGEMENT......................................................................................................... 22 AppendixA................................................................................................................................................ 23 Appendix8................................................................................................................................................ 24 AppendixC................................................................................................................................................. 27 AppendixD................................................................................................................................................ 28 Page 1 2 77 CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS FOR THE CORPORATION OF THE COUNTY OF ELGIN PART 1: PREAMBLE Members have important obligations and responsibilities to those they represent service and interact with in connection with carrying out the roles and duties attending a Member's office. The purpose and intent of this Code of Conduct is as follows: (i) To establish guidelines for ethical conduct required of Members; (ii) To establish guidelines to encourage and ensure interpersonal conduct, communications and interactions consistent with legal requirements (i.e. Occupational Health and Safety Act, Ontario Human Rights Code); and (iii) To provide mechanisms to ensure accountability and compliance with the required ethical and interpersonal conduct standards of this Code of Conduct. PART 2: DEFINITIONS 2.1 "Censure" means an official expression of disapproval or condemnation. 2.2 "Clerk" shall mean an Employee authorized to act as the Clerk of the County. 2.3 "Closed Meeting" shall mean a meeting or part of a meeting of Council not open to the public in accordance with the Municipal Act, 2001, S.O. 2001, Chapter 25, as amended. 2.4 "Committee" shall mean a Committee established by Council. 2.5 "Complaint" shall mean an alleged violation of this Code. 2.6 "Confidential Information" includes information in the possession of the County that the County is prohibited from disclosing under the Municipal Freedom of Information and Protection of Privacy Act, the Personal Health Information Protection Act, 2004 and other applicable legislation. Confidential Information also means any information that is of a personal nature to County employees or clients or information that is not available to the public and that, if disclosed, could result in loss or damage to the County or could give the person to whom it is disclosed an advantage. Confidential Information includes items disclosed or discussed at closed sessions of Council and Committee meetings. 2.7 "Council" shall mean the elected officials who constitute municipal council for the Corporation of the County of Elgin. Page 13 W CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS FOR THE CORPORATION OF THE COUNTY OF ELGIN 2.8 "Employee" shall mean a person employed by the County, including those employed on personal service contracts and volunteers, but does not include members of Council. 2.9 "Gift" includes any cash or monetary equivalent fee, object of value, service, forbearance, preferential treatment or personal benefit received from a third party. 2.10 "Good Faith" shall mean accordance with standards of honesty, trust and sincerity as practiced and understood within the Elgin County community. 2.11 "Integrity Commissioner" shall mean a person appointed by Council to provide independent and consistent complaint investigation and resolution respecting the application of the Code of Conduct, and as defined by County of Elgin By -Law No. 21 of 2015 ("Integrity Commissioner By -Law"). 2.12 "Immediate Relative" shall mean a parent, child, sister, brother, sister-in-law, brother-in-law, father-in-law, mother-in-law, as well as step -relationships. 2.13 "Lobby" or "lobby" shall mean to communicate with a member outside of a public process about matters of interest or benefit to the lobbyist and their client business organization. Communication may be about a bylaw or resolution on any matter that requires a decision by Council, a local board, or delegated decision -maker and includes matters regarding policies or programs, the purchase of goods and services and the awarding of contracts, applications for a service grant, planning approval, or other licence. 2.14 "Media" includes any entity such as radio, television, newspaper, magazine, websites, blogs, social media, twitter feeds or other vehicles for the public dissemination of information. 2.15 "Member" means any member of Council, and includes the Warden and any member of the public appointed to a committee or advisory board. 2.16 "Meeting" shall mean any regular, special or other meeting of Council. 2.17 "Pecuniary Interest" shall mean an interest that has a direct or indirect financial impact or as defined under the Municipal Conflict of Interest Act, as amended. 2.18 "Spouse" shall mean the person to whom a Member is married or with whom the Member is living in a conjugal relationship. PART 3: APPLICATION 3.1 This Code of Conduct applies to the Warden, the Deputy Warden and all Members of Council and members of the public appointed to committees and advisory boards. Page 14 79 CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS FOR THE CORPORATION OF THE COUNTY OF ELGIN PART 4: PURPOSE 4.1 A Member's conduct and behavior in terms of ethics and interpersonal conduct and communications are regulated by legislative acts including but not limited to: a) Criminal Code of Canada; b) Human Rights Code; c) Municipal Act, 2001; d) Municipal Conflict of Interest Act; e) Municipal Freedom of Information and Protection of Privacy Act; f) Municipal Elections Act, 1996; g) Personal Health Information Protection Act, 2004; h) The Public Inquiry Act, and, i) The Occupational Health and Safety Act. PART 5: GENERAL DUTIES 5.1 It shall be the duty of all Members to abide by all applicable legislation, policies and procedures pertaining to their position as a Member. 5.2 Members shall at all times serve and be seen to serve their constituents in a conscientious and diligent manner. 5.3 Members will conduct their dealings with each other in ways that maintain public confidence in the position to which they have been elected or appointed. Members will be open and honest, focus on issues rather than personalities, and avoid aggressive, offensive or abusive conduct. 5.4 Members shall accurately and adequately communicate the attitudes and decisions of the Council even if they disagree with Council's decision, such that respect for the decision making processes of Council is fostered. 5.5 Members shall conduct themselves at all Council and Committee Meetings with decorum, in accordance with the County of Elgin's Procedural By -Law. 5.6 In accordance with the Municipal Act, 2001 and the Municipal Conflict of Interest Act, every Member shall exercise his or her power and discharge his or her official duties in accordance with the following guiding principles: a) Seek to advance the common good of Elgin County; b) Exercise care, diligence and skill that a reasonably prudent person would exercise in similar circumstances; Page 15 CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS FOR THE CORPORATION OF THE COUNTY OF ELGIN c) Exercise his or her powers only for the purposes for which they were intended; and, d) Truly, faithfully and impartially exercise his or her office to the best of his or her knowledge and ability. PART 6: CONFLICT OF INTEREST 6.1 Members have strict obligations to avoid conflicts of interest by taking the following steps whenever a member has a direct or indirect pecuniary interest in any matter that is before Council in a meeting where the member is present: (i) disclose the general nature of the member's interest prior to any consideration of the matter in the meeting; (ii) refrain from participating in the discussion of the matter or in any vote on the matter; and, (iii) refrain from attempting to influence the voting on the matter or question, before, during or after the meeting. 6.2 All members have important ethical and statutory obligations to adhere to the steps outlined above to ensure avoidance of any conflict of interest in connection with carrying out the obligations of the Member's office. Each Member must declare the conflict of interest and general nature thereof verbally at the beginning of each meeting and provide the Clerk with the signed declaration in accordance with Appendix D attached. 6.3 While the Integrity Commissioner may provide general interpretation of the Municipal Conflict of Interest Act (MCIA), it is expected that members seek independent legal advice on a specific question of individual compliance with the Act. 6.4 Members shall be responsible for ensuring that they are familiar with the Municipal Conflict of Interest Act. If, upon review by the Integrity Commissioner, a complaint is deemed to be a matter covered by the Municipal Conflict of Interest Act, the Integrity Commissioner shall advise the complainant, with an explanation, in writing, and an investigation may be conducted in accordance with powers and duties of integrity commissioner. PART 7: GIFTS AND PARTICIPATION AT EVENTS 7.1 No Member shall solicit or accept any gift or accept or receive a fee, advance, cash or personal benefit that is directly or indirectly connected with the performance of his or her duties of office. For the purposes of this provision any gift provided to a Member's child, parent or spouse with the Member's knowledge shall be deemed to be a gift accepted by that Member; Page 16 a CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS FOR THE CORPORATION OF THE COUNTY OF ELGIN 7.2 The County recognizes that moderate hospitality and participation in charitable non-profit fundraising and business events is an accepted facet of community participation and business relationships. Accordingly, the following types of gifts are recognized as exceptions to the prohibition in Section 7.1: a) gifts that are received as an incident of protocol or social obligation that normally and reasonably accompany the responsibilities of office; b) token gifts such as souvenirs, mementoes and commemorative gifts that are given in recognition of service on a committee for speaking at an event or representing the County at an event; c) food and beverages consumed at lunches dinners charity fundraisers banquets receptions ceremonies or similar events if the Member's attendance serves a legitimate municipal purpose; d) communications to the offices of a Member including subscriptions to newspapers and periodicals; e) compensation authorized by law; f) political contributions that are offered accepted and reported in accordance with applicable law; g) services provided without compensation by persons volunteering their time; h) gifts of admission to dinner, charity fundraisers, banquets, receptions, ceremonies, cultural events, sporting events, business galas, political events and similar events if the Member's attendance serves a legitimate municipal purpose; i) reasonable payment for participation in or organizing any reception, dinner, gala, golf tournament, or similar event to support charitable causes or a political fundraising event and food, lodging, transportation or entertainment from a not for profit non-government organization; 7.3 Within 30 days of receipt of any gift described in Section 7.2, Members shall file a disclosure statement in accordance with the format set forth in Appendix A attached with the Integrity Commissioner for any gift that exceeds $200 in value. If the value of any gift described in Section 7.2 exceeds $500 or if the total value of such gifts received from any one source during one calendar year exceeds $1,000 the Member shall file a disclosure statement with the Integrity Commissioner within 30 days of the receipt of the gift. Every disclosure statement shall indicate: Appendix A. (i) the nature of the gift; (ii) its source and date of receipt; (iii) the circumstances under which it was received; and (iv) its estimated value. 7.4 Every disclosure statement to the Integrity Commissioner and as anticipated in 7.3 above shall be a matter of public record. Page 17 W CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS FOR THE CORPORATION OF THE COUNTY OF ELGIN 7.5 The Integrity Commissioner shall report to Council annually on all gifts received by Members that are disclosed in accordance with Section 7.20). 7.6 The Integrity Commissioner shall examine every disclosure statement filed with him or her to ascertain whether the receipt of the gift might in her or his opinion create a conflict between a private interest and the public duties of the Member. 7.7 If the Integrity Commissioner makes a preliminary determination of a conflict the Member shall be asked to justify receipt of the gift. 7.8 If the Integrity Commissioner determines that receipt of the gift was prohibited he or she shall report the findings to Council. PART 8: INTERACTION WITH THE PUBLIC, OTHER MEMBERS and COUNTY STAFF 8.1 Members have a duty to treat members of the public, each other and staff with respect and dignity and without abuse, bullying or intimidation; 8.2 Members have a duty to ensure that the County's work environment is safe and free from discrimination and harassment; 8.3 Members are to recognize that Employees serve Council and work for the municipal corporation under the direction of the Chief Administrative Officer. Council directs Employees through its decisions as recorded in the minutes and resolutions of Council. The role of Employees is to provide advice and services that are based on political neutrality, objectivity and professional judgment which may not necessarily reflect the opinion or position of any single Member. Members have no individual capacity to direct Employees to perform specific functions. 8.4 Inquiries of Employees from Members should be directed to the Chief Administrative Officer or the appropriate Department Head. 8.5 No Member shall compel Employees to engage in partisan political activities or be subjected to threats, discipline or discrimination for refusing to engage in any such activity. 8.6 Members shall show respect for the professional capacities of County Employees. Some Employees have professional credentials (examples: professional engineer, registered nurse) which create separate legal and ethical obligations for those Employees. Members shall refrain from any conduct which may deter, interfere or unduly influence Employees in such a manner as to result in them violating their professional legal or ethical obligations. Page 18 W CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS FOR THE CORPORATION OF THE COUNTY OF ELGIN 8.7 Certain Employees hold positions within the administration of justice. Members shall refrain from making requests or statements or otherwise taking action which may be construed as an attempt to influence the independence of staff working within the administration of justice. PART 9: IMPROPER USE OF INFLUENCE 9.1 No Member shall use his or her office to seek to influence any decision made or to be made by Council to the Member's private advantage or to the advantage of another person. 9.2 No Member shall use his or her office to seek to influence or interfere with the administration or enforcement of the County's regulatory By -Laws or other laws enforced by the County. Notwithstanding the foregoing, it is recognized that Members of Council may in good faith raise the concerns of residents with County Employees for the purpose of determining if those concerns can be resolved having due regard for the public interest in fair and impartial By -Law enforcement. 9.3 All applicants for County positions shall have an equal opportunity to obtain such employment. No Member shall use his or her office to seek to inappropriately influence the hiring of specific individuals for any position within the County. 9.4 Nothing in this Section prohibits a Member from providing a reference for an applicant for any position within the County, or offering his or her opinions and voting on any decision to hire a Chief Administrative Officer. 9.5 No Member shall support any cause or third party using the County's corporate logo or the County letterhead in any communication intended to solicit funds without a vote or resolution of County Council. PART 10: CONFIDENTIAL INFORMATION 10.1 Members shall hold in strict confidence all Confidential Information concerning matters dealt with in -camera. No Member shall release, make public or in any way divulge any such Confidential Information or any aspect of the in -camera deliberations unless expressly authorized by Council or required By-law. 10.2 No Member shall release, make public or in any way divulge any such Confidential Information acquired by virtue of his or her office unless expressly authorized by Council or required By -Law. The capacity to release Confidential Information can only be made by a majority of Council, and no individual member of Council has authority to waive this privilege. Page 19 0 CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS FOR THE CORPORATION OF THE COUNTY OF ELGIN 10.3 No Member shall use information gained in the execution of his or her office that is not available to the general public for any purpose other than his or her official duties. 10.4 No Member shall access or attempt to gain access to Confidential Information in the custody of the County except to the extent necessary for the performance of his or her duties as a Member and not prohibited by this Code or any other statute, By -Law or policy. 10.5 Members are only entitled to Confidential Information in the possession of the County that is relevant to matters before the Council or Committee. Beyond this entitlement, Members have the same level of access to information as does any other citizen. PART 11: COMMUNICATIONS AND MEDIA RELATIONS 11.1 In order to foster respect for the decision making process of Council, Members shall fairly and accurately communicate the decisions of Council, even if they disagree with a majority decision of Council, and/or voted in the minority. Members may publicly express disagreement with a decision, but are to do so in a respectful manner. 11.2 In communications with the media, Members shall not indicate, implicitly or explicitly, that they speak on behalf of Council, unless they have been authorized to do so by Council. 11.3 Members shall refrain from making disparaging remarks about other Members, members of the public, Employees or Council's process and decisions. PART 12: MUNICIPAL ELECTION CAMPAIGNS 12.1 Members of Council are required to comply with the Municipal Elections Act, 1996. 12.2 No Member shall use County property, including the County's logo, for any election campaign or campaign related activities. 12.3 No Member shall undertake campaign related activities on County owned lands, with the exception of the permissible use of campaign signs along road allowances, and in compliance with any local sign By -Laws, as applicable. 12.4 No Member shall use the services of Employees in work for his or her (re)election during hours in which those Employees are being paid by the County. The participation of County staff with respect to municipal elections is generally discouraged. Page 1 10 W CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS FOR THE CORPORATION OF THE COUNTY OF ELGIN PART 13: CONDUCT OF FORMER MEMBERS 13.1 The County shall not hire or award any contract to any former Member for a period of 12 months from the date the former Member ceased to hold office except where the former Member is the successful bidder through a quote or tender consistent with appropriate County policies. 13.2 A former Member may not Lobby the County or any Member for a period of 12 months from the date the former Member ceased to hold office. PART 14: USE OF COUNTY PROPERTY 14.1 Members may only use County property, including land, facilities, equipment, supplies, services, staff or other resources (for example, County owned materials, computers, networks, websites) for activities directly connected with the discharge of their official County duties or, as appropriate, local municipal duties. 14.2 Occasional or incidental personal use of County computers, phones or similar devices and communication systems is acceptable, subject to the provisions of the Municipal Elections Act. Such use may also be subject to the Municipal Freedom of Information and Protection of Privacy Act. 14.3 No Member shall obtain financial gain from the use or sale of County -developed intellectual property including inventions, cultural materials, computer programs, technical innovations, or other items capable of being patented, or copyrighted, as all such property remains exclusively that of the County. PART 15: NEPOTISM 15.1 No Member shall attempt to influence the hiring or promotion of a Spouse or Immediate Relative. 15.2 No Member shall make any decision or participate in the process to hire, transfer, promote, demote, discipline or terminate a Spouse or Immediate Relative. 15.3 If a Spouse or Immediate Relative of a Member is an applicant for employment with the County or candidate for promotion or transfer, the Spouse or Immediate Relative will proceed through the usual selection process with no special consideration. 15.4 No Member shall place himself or herself in a position where he or she could have influence over their Spouse or Immediate Relative's employment. 15.5 No Member shall attempt to use a Spouse or Immediate Relative relationship for financial or other gain. Page 1 11 CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS FOR THE CORPORATION OF THE COUNTY OF ELGIN PART 16: OBSTRUCTION OF INTEGRITY COMMISSIONER 16.1 No Member shall obstruct the Integrity Commissioner in the carrying out of their responsibilities. 16.2 It is a violation of this Code to obstruct any staff member acting under the instruction of the Integrity Commissioner in applying or furthering the objectives or requirements of this Code, in attempting to gather information or data, or in the general conduct of duties with respect to a Code of Conduct investigation. 16.3 Examples of obstruction under sections 16.1 or 16.2 include the destruction of documents, the erasure of electronic documents, withholding or concealing the existence of documents and refusal to respond to inquiries from the Integrity Commissioner within 15 days of receipt of same. PART 17: REPRISALS 17.1 No Member shall seek any reprisal or threaten any reprisal against a complainant or any other person for providing relevant information to the Integrity Commissioner in the course of inquiry pursuant to a complaint. PART 18: INTERPERSONAL CONDUCT AND COMMUNICATIONS: 18.1 REQUIREMENTS Members have important legal responsibilities and accountabilities in connection with the tone and substance of interpersonal interactions, conduct or communications pursued in the context of carrying out the activity of a municipal Councillor. 18.2 MUNICIPAL POLICIES The purpose of this section of the Code of Conduct and the appendiced policies is to ensure that Members governed by this Code of Conduct understand and comply with standards of conduct required at law in terms of their interpersonal interactions, communications and conduct. (Policies appendiced. Appendix A — HR 3.01 — Respectful Workplace; HR. 3.02 — Adherence to the Ontario Human Rights Code, HR 3.03 — Workplace Harassment, and HR 3.04 — Workplace Violence The Municipal Corporation and Members, as agents of the Municipal Corporation share important obligations for ensuring compliance with required standards of interpersonal conduct and interactions. A failure to adhere to the required Standards of Conduct can expose both the Municipality, the County, and individual Members to potential liabilities. Page 1 12 M CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS FOR THE CORPORATION OF THE COUNTY OF ELGIN Human Rights Guarantees: The Obligation to Treat Every Person with Dignity, Understanding and Respect and Avoid Harassment and Discrimination The Ontario Human Rights Code extends equality rights guarantees in the context of employment and the delivery of services. A Municipal Government is both an employer and service provider. As a result the interactions and conduct of Members governed by this Code of Conduct generally occur in the context of providing services or interacting with employees. In connection with such interactions, Members have a legal obligation to ensure adherence to equality rights guarantees. Members have an obligation to ensure that all individuals dealt with are treated with dignity and respect, and not exposed to harassment or discrimination as prohibited by the Human Rights Code. As a Member your obligations in this regard extend to anyone you deal with in the context of employment or delivery of services; including but not necessarily limited to the following: other Members of Council, Committee Members, Local Board Members, Corporate Employees, individuals providing services, contractors, students, the public. PART 19: COMPLIANCE / ACCOUNTABILITY / ENFORCEMENT The County has important obligations and interests in ensuring compliance with the ethical and interpersonal conduct standards required of Members by this Code of Conduct. The County has an interest and obligation to respond to all allegations, complaints or incidents of alleged conduct inconsistent with the standards outlined in this Code of Conduct (and appendiced policies) in a manner consistent with the interests and legal obligations of the County. The County recognizes that the County and the Members have a mutual interest in providing and encouraging access to compliance/enforcement mechanisms in connection with the conduct required by this Code that deliver objective, independent, skilled and efficient determinations in connection with alleged misconduct by any Member. The County shall appoint an Integrity Commissioner pursuant to Section 223.3(1) of the Municipal Act and, when proclaimed, Bill 68 "Modernizing Ontario's Municipal Legislation Act, 2017" to inquire into and determine any alleged non-compliance with the standards of conduct defined in the Code of Conduct and to investigate and advise on the (MICA) in March 2019 and thereafter by a Member. In all circumstances where the County becomes aware of an allegation that a Member has engaged in any prohibited activity or breached any standard of conduct outlined in Page 1 13 CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS FOR THE CORPORATION OF THE COUNTY OF ELGIN this Code of Conduct, whether by informal communications or formal complaints, the matter will be addressed as follows: (i) The "informal" complaint procedure attached as Appendix 1 may be followed but is not mandatory; (ii) Any issue of non-compliance with the Code of Conduct shall be referred to the Integrity Commissioner through the Complaint Protocol attached as Appendix 3,- (iii) , (iii) The Integrity Commissioner shall conduct an Inquiry to determine whether the Member has engaged in conduct in contravention of the Code of Conduct, (except as in Complaints Prior to an Election) (iv) In planning and pursuing the relevant inquiry the Integrity Commissioner may proceed consistent with the procedural aspects of any policies addressing the subject of the alleged infringement and exercise his/her powers under Section 33 and Section 34 of the Public Inquiries Act, (v) The inquiry pursued by the Integrity Commissioner shall be an independent inquiry; independent of the County or any of its agents, employees or members; (vi) Where the Integrity Commissioner determines that he/she has reasonable grounds to believe that there has been a contravention of any other act or the Criminal Code, the Integrity Commissioner shall refer the matter to the appropriate authority; suspend his/her inquiry and report the suspension to Council. In these circumstances Council will pursue the necessary steps to ensure that the matter is addressed consistent with the County's obligations at law and any relevant County policies; (vii) Where the Integrity Commissioner completes an inquiry and determination of the matter, he/she shall prepare a written report of his/her findings as to whether a Member has contravened the Code of Conduct. In preparing the report, the Integrity Commissioner may disclose such matters as are necessary for the reporting to Council. The Report shall be delivered to Council. Where a contravention of the Code is substantiated, Council will impose the Penalty.; (viii) The municipality shall consider written reports/findings of the Integrity Commissioner in open session unless otherwise prohibited by another Act eg. (MFIPPA) or regulation (ix) Where the Integrity Commissioner determines that a Member has contravened the Code of Conduct, the Integrity Commissioner shall recommend the penalty; such penalty shall be within the remedial parameters defined in the Municipal Act; Page 1 14 0 CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS FOR THE CORPORATION OF THE COUNTY OF ELGIN (x) Penalties: Where a Member is found to have breached any standard of conduct required by the Code of Conduct, the penalty will be determined by the Council on the advice of the Integrity Commissioner. In determining the penalty the Council shall take into consideration the nature and degree of the current breach of the Code and any prior non-compliance with the Code of Conduct by the Member. (xi) Exception: (Upon proclamation of Bill 68) Where a Code of Conduct breach is alleged, i) the member may take part in the discussion of the matter, including making submissions to council or the local board, as the case may be, and may attempt to influence the voting on any question in respect of the matter, whether before, during or after the meeting. However, the member is not permitted to vote on any question in respect of the matter. ii) In the case of a meeting that is not open to the public, the member may attend the meeting or part of the meeting during which the matter is under consideration. Penalties imposed in connection with breaches of the Code of Conduct pursuant to the Code may include: A written reprimand; and or; 2. Suspension of remuneration paid to a Member with respect to services up to 90 -days; and or; Refusal to Conduct Investigation If the Integrity Commissioner is of the opinion that the referral of a matter to him or her is frivolous, vexatious or not made in good faith, or that there are no grounds or insufficient grounds for an investigation, the Integrity Commissioner shall not conduct an investigation, or, where that becomes apparent in the course of an investigation, terminate the investigation. 2. Complaints referred that are repetitious in nature, not germane to the Code of Conduct in the opinion of the Integrity Commissioner, deemed frivolous and without substance in the opinion of the Integrity Officer, OR, where the complaint is deemed vexatious in the opinion of the Integrity Commissioner, complaints shall not be advanced to an investigation stage. 3. Other than in exceptional circumstances, the Integrity Commissioner will not report to Council or a local board (restricted definition) on any complaint described in subsections (1) and (2) except as part of an annual or other periodic report. Page 1 15 a CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS FOR THE CORPORATION OF THE COUNTY OF ELGIN 4. An application may only be made within six weeks after the applicant became aware of the alleged contravention. Comalaints or Reaorts Prior to Election No complaint regarding a Member who is a candidate in an election may be accepted by the Integrity Commissioner for review and/or investigation between Nomination Day for a regular election and ending of voting day in any year in which a regular municipal election will be held. The Integrity Commissioner shall hold such complaint in abeyance until after voting day in a regular election year and advise the complainant of the process. PART 20: OTHER COMPLAINCE/ENFORCEMENT RIGHTS BEYOND THE REFERRAL TO THE INTEGRITY COMMISSIONER While the County encourages complainants, Members and all parties to access and support the use of the Integrity Commissioner as the means of addressing any issues of non-compliance with the Code of Conduct by Members, the County has an obligation and commitment to support complainants or potential complainants access to the following processes in connection with allegations of prohibited activity, conduct or communications. 1. Complaints of Harassment (Code or Personan, Discrimination, Violence by Employees, Members of Council • Access to the procedures committed to in the County's relevant Policies (i.e. informal resolution, mediation, complaint procedures); • Complainants also have a right to file complaints with the Ontario Human Rights Tribunal (in connection with human rights allegations) and complaints with the Ministry of Labour (in connection with allegations of violence, threats of violence or personal harassment). 2. Complaints Regarding Allegations of Conduct Regulated by the Criminal Code • Complaints can be directed to the Elgin County Detachment of the Ontario Provincial Police to pursue an investigation under Section 122 of the Criminal Code of Canada where allegations of fraud or breach of trust are made in connection with a Member carrying out the duties of the office; • Complaints can be directed to the Elgin County Detachment of the Ontario Provincial Police to pursue an investigation under Section 122 of the Criminal Code of Canada regarding allegations of a Member's involvement in demands for, acceptance of, offering or agreement to accept a loan, reward, benefit or their advantage from any person, in connection with the performance of the duties of the Member in the office; Page 1 16 91 CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS FOR THE CORPORATION OF THE COUNTY OF ELGIN 3. Complainant's Direct Dealings with Members in Connection with Concerns of Non -Compliance with the Code of Conduct • Any person who believes that a Member has infringed any standard under this Code of Conduct can advise the Member of the concern directly (verbally or in writing) that their activity infringes the Code of Conduct; • Such person (complainant) may directly encourage the Member to stop the offending activity; • Such person (complainant) should keep a record of the incident, including date, time, location, persons present and any other relevant information. PART 21: JUDICIAL INVESTIGATION In circumstances where liability is denied and the alleged misconduct is serious in nature, Council may pass a resolution, pursuant to s. 274(1) of the Municipal Act, requesting a judicial investigation into the Member of Council, or Council's Local Board or Committee Member's conduct. PART 22: SUMMARY The County and all Members of Council share an important interest and responsibility in ensuring that the standards of conduct required under this Code of Conduct are understood, maintained and where necessary enforced by holding Members accountable. The standards reflect the ethical and legal context in which the County and Members must deliver services to the community served by the Council and Members. Deviations from the standards of conduct outlined in this Code of Conduct leave the County, Council and individual Members exposed to the following: Reputational risk; Loss of credibility in the community; Risks of significant liabilities. All Members of Council are expected to be knowledgeable of the contents of this Code of Conduct and of the appendiced County Policies, and to adhere to the standards of conduct defined in the Code of Conduct and Policies. Page 1 17 M CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS FOR THE CORPORATION OF THE COUNTY OF ELGIN Appendix 1 INFORMAL COMPLAINT PROCEDURE Individuals (for example, Municipal employees, members of the public, members of Council or local boards (restricted definition), or organizations (including local boards (restricted definition) who have identified or witnessed behaviour or an activity by a member of Council or a local board (restricted definition) that they believe is in contravention of the Code of Conduct for Members of Council and Local Boards (Restricted Definition) the "Code of Conduct" would address the prohibited behaviour or activity themselves as follows: (1) advise the member that the behaviour or activity contravenes the Code of Conduct; (2) encourage the member to stop the prohibited behaviour or activity; (3) keep a written record of the incidents including dates, times, locations, other persons present, and any other relevant information; (4) tell someone else (for example, a senior staff member or an officer of the organization) about your concerns, your comments to the member and the response of the member; (5) if applicable, confirm to the member's satisfaction with the response of the member; or, if applicable, advise the member of your dissatisfaction with the response; and, (6) consider the need to pursue the matter in accordance with the formal complaint procedure outlined in Appendix B, or in accordance with another applicable judicial or quasi-judicial process or complaint procedure. Individuals and organizations are encouraged to initially pursue this informal complaint procedure as a means of stopping and remedying a behaviour or activity that is prohibited by the Code of Conduct. With the consent of the complaining individual or organization and the member, the Integrity Commissioner may be part of any informal process. However, it is not a precondition or a prerequisite that those complaining pursue the informal complaint procedure prior to pursing the formal complaint procedure. Page 1 18 93 CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS FOR THE CORPORATION OF THE COUNTY OF ELGIN Appendix 2 DUTIES OF A MUNICIPAL INTEGRITY COMMISSIONER The Integrity Commissioner shall perform the duties and have the powers provided for in the Act, including but not limited to the following: (1) Advisory. upon proper request, provide written and/or verbal advice to individual members of Council respecting the application of the Code of Conduct and/or any other procedures, rules, and policies relating to and reflecting upon their ethical behavior, including but not limited to general interpretation of the Municipal Conflict of Interest Act (Ontario); and furthermore and when appropriate, providing the full Council with specific and general opinions and advice respecting compliance by elected officials in respect of the provisions of governing statues the Code of Conduct and any other applicable procedures, rules, and policies. (2) Compliance Investigation/Determinations: upon proper request from a member of Council or local board, municipal administration or one or more members of the public, to conduct an inquiry and make a determination as to any alleged contravention of the Code of Conduct or applicable procedures, rules, and policies by a member of Council or local board and, thereafter, to report the details and results of such inquiry to municipal Council. (3) Educational: provide the Chief Administrative Officer or as directed with an annual report of activities during the previous calendar year as Integrity Commissioner, including but not necessarily limited to advice given to Council or individual members of Council and a summary of inquiry results and determinations; furthermore, provide outreach programs to members of Council and local boards and relevant staff on legislation, protocols, and office procedures emphasizing the importance of compliance with a Code of Conduct for public confidence in Municipal Government; and, furthermore, dissemination of information available to the public on the website operated by Elgin. Notwithstanding that set forth above, the parties acknowledge and agree that the function of the Integrity Commissioner is to provide advice and opinion to Council and members thereof, to provide independent complaint prevention, investigation, adjudication, and resolution to members of Council and the public, and education respecting adherence with the Code of Conduct for members of Council and other procedures, rules, and policies governing ethical behavior. Page 1 19 CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS FOR THE CORPORATION OF THE COUNTY OF ELGIN Appendix 2 (continued) The parties hereto also acknowledge and agree the Integrity Commissioner, will perform services, and in particular those services relating to advisory and educational duties, in a manner so as to avoid duplicated advice, opinion, and cost in respect of identical requests and inquiries — for example, the Integrity Commissioner shall decline to provide individualized advice and opinion to more than one member of Council or a local board on identical issues but should choose to provide general advice to Council or such local board as a whole to answer all such inquiries. In addition, it is recognized that the Integrity Commissioner, will likely receive requests for advice on matters involving compliance with the Municipal Conflict of Interest Act (the "MCIA") — while the Integrity Commissioner may provide general interpretation of the MCIA, it is expected that individual members of Council or local boards will seek independent legal advice on a specific question of individual compliance with such legislation. (until such time as Bill 68 is proclaimed) Appendix C (4) The application of sections 5, 5.1, and 5.2 of the Municipal Conflict of Interest Act to members of Council and of local boards will become the responsibility of the Integrity Commissioner on March 1, 2019. Page 1 20 95 CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS FOR THE CORPORATION OF THE COUNTY OF ELGIN Appendix 3 COMPLAINT PROTOCOL (1) Any member of Council, staff or the public that believes they have experienced or witnessed conduct in contravention with the Code of Conduct may file a complaint and request an investigation. (2) All complaints shall be in writing and signed by an identifiable individual. (3) A complaint shall set out reasonable and probable grounds for the allegation that the member as contravened the Code of Conduct and include a support affidavit that sets out the evidence in support of the complaint. (4) The complaint protocol information package shall be available at the County Clerk's office. Appendix B Page 1 21 M CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS FOR THE CORPORATION OF THE COUNTY OF ELGIN iuuoi�� J° °' Subject: Code of Conduct for Members of Municipal Council and Council's Local Board and Committee Members (hereinafter referred to as "Members") COUNCILLOR ACKNOWLEDGEMENT The preceding Code of Conduct has been explained to me and I have received, read, and understood the Code of Conduct for the Corporation of the County of Elgin. Councillor Name (Please Print) Councillor Signature Page 1 22 97 Date CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS FOR THE CORPORATION OF THE COUNTY OF ELGIN iuuoi�� J° °' Appendix A Council Code of Conduct Disclosure Statement COUNTY OF ELGIN Council Code of Conduct Part 7 of the Council Code of Conduct regarding the acceptance of gifts and benefits, requires members to disclose the receipt of certain gifts and benefits if the dollar value of a single gift or benefit exceeds $200.00 or if the total value of gifts and benefits received from one source in a calendar year exceeds $1,000.00. This Disclosure Statement is to be used to report on such gifts and benefits and shall be filed with the clerk within 30 days of receipt of such gift or benefit, or upon reaching the annual limit. Disclosure Statements are a matter of public record. Nature of Gift or Benefit Received: Source of Gift or Benefit: Circumstances under Which Gift or Benefit Received: Estimated Value of Gift or Benefit: $ Date Gift or Benefit Received: Signature of Member: Date Statement Received by Clerk: Page 1 23 M Date: CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS FOR THE CORPORATION OF THE COUNTY OF ELGIN iuuoi�� J° °' Appendix B Council Code of Conduct — Formal Complaint Form/Affidavit COUNTY OF ELGIN Council Code of Conduct AFFIDAVIT OF I, Town etc.) of Province of Ontario. MAKE OATH AND SAY (or AFFIRM): (full name), of the (full name) (City, (municipality of residence) in the 1. 1 have personal knowledge of the facts as set out in this affidavit, because (insert reasons e.g. I work for... I attended a meeting at which... etc.) 2. 1 have reasonable and probable grounds to believe that a member of the County of Elgin Council has contravened section(s) (specify name of member) specify section(s) of the Council Code of Conduct of the County of Elgin. The particulars of which are as follows: (Set out the statements of fact in consecutively numbered paragraphs in the space below, with each paragraph being confined as far as possible to a particular statement of fact. If you require more space please use the attached Schedule A form and check the appropriate box below. If you wish to include exhibits to support this complaint, please refer to the exhibits as Exhibit A, B etc. and attach them to this affidavit.) Page 1 24 CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS FOR THE CORPORATION OF THE COUNTY OF ELGIN Please see the attached Schedule A 1. This affidavit is made for the purpose of requesting that this matter be reviewed by the County of Elgin appointed Integrity Commissioner and for no other purpose. SWORN (or AFFIRMED) before me at the (City, Town etc. of ) in the Province of Ontario on ) (date) ) ) Signature (Signature of Commissioner) (Signature) A Commissioner for taking affidavits etc. Please note that signing a false affidavit may expose you to prosecution under Sections 131 and 132 or 134 of the Criminal Code, R.S.C. 1985, c. C-46 and also to civil liability for defamation. Page 1 25 100 CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS FOR THE CORPORATION OF THE COUNTY OF ELGIN SM& 0if � El gi t t Schedule A (Additional Information) COUNTY OF ELGIN Council Code of Conduct To the affidavit required under Part 18 Procedure — Formal Complaint of the Council Code of Conduct. (If more than one page is required, please copy this blank page and mark each additional page as 2 of 2, 2 of 3, etc. at the top right corner.) This Schedule A referred to in the affidavit of (full name) Sworn (or Affirmed) before me on this day of , A Commissioner for taking affidavits, etc. Page 1 26 101 CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS FOR THE CORPORATION OF THE COUNTY OF ELGIN i /rill r%�yJJIj//// Appendix C Council Code of Conduct—Request for Advice Form COUNTY OF ELGIN Council Code of Conduct Name of Member: Telephone No.: Email Address: Advice Requested: (Please provide as much detail as possible. Attach additional pages if required.) Signature of Requestor Date Received by Integrity Commissioner Date Date Reply Issued Page 1 27 102 CODE OF CONDUCT FOR MEMBERS OF COUNCIL AND LOCAL BOARDS FOR THE CORPORATION OF THE COUNTY OF ELGIN i /rill r%�yJJIj//// Appendix D Conflict of Interest Form COUNTY OF ELGIN Council Code of Conduct F11,=2 6ILTA idem Telephone No.: Email Address: Date of Council meeting: Agenda item number and name: General Nature of the Conflict of Interest: Signature of Council Member Date Received by County Clerk Page 1 28 103 CLOSED MEETING AGENDA November 28, 2017 Staff Reports: 1) Acting Director of Engineering Services —Municipal Act Section 239.2 (a) the security of the property of the municipality or local board — Lease Extension 2) Chief Administrative Officer —Municipal Act Section 239.2 (b) personal matters about an identifiable individual, including municipal or local board employees — Integrity Commissioner (VERBAL) 104