16 - December 14, 2017 County Council Agenda Pkg. including AddendumQ
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ORDERS OF THE DAY
FOR DECEMBER 14, 2017 - 9:00 A.M.
ORDER
1 st Meeting Called to Order
2nd Adoption of Minutes — November 28, 2017
3rd Disclosure of Pecuniary Interest and the General Nature Thereof
4th Presenting Petitions, Presentations and Delegations
PRESENTATIONS:
12:00 noon Years of Service Employee Recognition — employees will join
Council for lunch at which time the presentations will be made.
DELEGATIONS:
9:00 a.m. Paul Jenkins, Executive Director, St. Thomas Elgin General Hospital
Foundation, Cathy Crane, Chair, St. Thomas Elgin General Hospital
Board of Governors with PowerPoint presentation. (attached)
9:15 a.m. Laura Woermke, Executive Director, St. Thomas -Elgin Public Art
Centre with Annual Report 2017. (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
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 Motion to Adopt Recommendations from the Committee Of The Whole
13th Consideration of By -Laws
14th ADJOURNMENT
LUNCH WILL BE PROVIDED
NOTICE: Deputy Warden for December Councillor McWilliam
Christmas Schedule — All County Departments in the Administration Building will
be closed from 12:00 noon on December 22, 2017 to January 2, 2018 at 8:30 a.m.
(Branch Libraries located throughout the County will close on December 23, 2017
at 1:00 p.m. and reopen on January 2, 2018 — contact your local Branch for hours)
January 9, 2018
Special County Council - 9:00 a.m.
Accessible formats available upon request.
1
DRAFT COUNTY COUNCIL MINUTES
Tuesday, November 28, 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.
ADOPTION OF MINUTES
Moved by Councillor Mennill
Seconded by Councillor Martyn
THAT the minutes of the meeting held on November 14, 2017 be adopted.
- Carried.
DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF —
None.
DELEGATIONS
Tree Commissioner/Weed Inspector Year End Report
Jeff Lawrence, Tree Commissioner/Weed Inspector presented a report summarizing activities
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.
Moved by Councillor Marr
Seconded by Councillor Ens
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.
- Carried.
Moved by Councillor Jenkins
Seconded by Councillor Mennill
THAT we do now move into Committee Of The Whole Council.
- Carried.
REPORTS
Elgin County Library Projects, Programs, Partnerships and Activities — May to October
2017 — Manager of Library Programming & Community Development
The manager presented the report summarizing the projects, partnerships and activities of the
Elgin County Library between May and October 2017. Highlights included the TD Summer
Reading Club, the Books 2 Go Program, the Growing with Books program, Ontario Library Week,
and Culture Days.
Moved by Councillor Marr
Seconded by Councillor Wiehle
THAT the report titled "Elgin County Library Projects, Programs, Partnerships and Activities —
May to October 2017" from the Manager of Library Programming & Community Development,
dated November 1, 2017, be received and filed.
- Carried.
2
County Council 2 November 28, 2017
General Insurance and Risk Management Services Program for 2018 — Purchasing
Coordinator
The coordinator presented the report providing details on the County's discussions regarding
General Insurance and Risk Management Services for 2018 and recommended that Frank
Cowan Company be selected to provide General Insurance and Risk Management Services for
the County of Elgin.
Moved by Councillor Martyn
Seconded by Councillor Mennill
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.
- Carried.
Quarterly Information Report — Contract Awards July 1, 2017 to September 30, 2017 —
Purchasing Coordinator
The coordinator presented the report summarizing the contracts awarded in excess of $15,000
between July 1, 2017 and September 30, 2017.
Moved by Councillor Marr
Seconded by Councillor Ens
THAT the report titled "Quarterly Information Report - Contract Awards, July 1, 2017 to
September 30, 2017" from the Purchasing Coordinator, dated November 14, 2017, be received
and filed.
- Carried.
Ambulance Station Lease Agreement Renewals — Acting Director of Engineering
Services
The acting director presented the report recommending that Council renew ambulance station
lease agreements between the County of Elgin and Medavie EMS Elgin Ontario.
Moved by Councillor Jenkins
Seconded by Councillor Mennill
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.
- Carried.
Western Ontario Wardens' Caucus (WOWC) Update — Chief Administrative Officer
The Chief Administrative Officer presented an overview of the Western Ontario Wardens'
Caucus, its recent achievements and its current focus.
Moved by Councillor Marr
Seconded by Councillor McWilliam
THAT the report titled "Western Ontario Wardens' Caucus Update" from the Chief Administrative
Officer, dated November 19, 2017, be received and filed.
- Carried.
3
County Council 3 November 28, 2017
Terms of Office of Warden — Chief Administrative Officer
The Chief Administrative Officer presented the report analyzing the various options and the best
practices from Counties across Ontario in regards to the Warden's term of office, as requested
by Council at the November 14, 2017 meeting.
Moved by Councillor Marr
Seconded by Councillor Mennill
THAT the report titled "Terms of Office of Warden" from the Chief Administrative Officer,
dated November 19, 2017 be received and filed; and,
THAT the Chief Administrative Officer be directed to prepare a report considering options related
to a Deputy Warden Position.
- Carried.
Proposed Elgin County Sidewalk Grant Program PowerPoint — Chief Administrative
Officer
The Chief Administrative Officer presented the report outlining the request for Elgin to provide
a sidewalk grant as received from Elgin's Municipal Partners. The report included the reasoning
behind such a request, a jurisdictional break down, and the financial and liability implications of
granting such a request.
Moved by Councillor Marr
Seconded by Councillor Ens
THAT the report titled "Proposed Elgin County Sidewalk Grant Program PowerPoint" from the
Chief Administrative Officer, dated November 28, 2017, be received and filed; and,
THAT the Chief Administrative Officer be directed to prepare a detailed report on the request,
including an inventory of existing sidewalks along County roads and their current conditions.
- Carried.
Council recessed at 10:31 a.m. and reconvened at 10:47 a.m.
2017 Land Division Committee Report
Lorne McLeod, Chair, Land Division Committee with a report outlining the activities of the Elgin
County Land Division Committee in 2017.
Moved by Councillor Ens
Seconded by Councillor Jenkins
THAT the report titled "2017 Land Division Committee Report", from the Chair of the Elgin
County Land Division Committee, dated November 9, 2017, be received and filed.
- Carried.
CORRESPONDENCE
Items for Information (Consent Agenda)
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.
12
County Council 4 November 28, 2017
Moved by Councillor Martyn
Seconded by Councillor Jenkins
THAT Correspondence Items #1 & 2 be received and filed.
- Carried.
OTHER BUSINESS
Statements/Inquiries by Members - None
Notice of Motion - None.
Matters of Urgency - None.
Closed Meeting Items
Moved by Councillor Marr
Seconded by Councillor Mennill
THAT we do now proceed into closed meeting session in accordance with the Municipal Act to
discuss matters under Municipal Act Section 239.2;
(a) the security of the property of the municipality or local board - Lease Extension
(b) personal matters about an identifiable individual, including municipal or local board
employees - Integrity Commissioner
- Carried.
Moved by Councillor Martyn
Seconded by Councillor Mennill
THAT we do now rise and report.
- Carried.
Moved by Councillor Mennill
Seconded by Councillor Jenkins
THAT the Warden and Chief Administrative Officer be authorized and directed to sign a lease
agreement with Clinical Associates for Room #345-1; and,
THAT the lease commence on December 1, 2017 for a lease rate of $16.15 per square foot
($1,547.71 for five months), plus the HST for the period of December 1, 2017 to April 30, 2018,
and $16.50 per square foot ($3,795.00 annually), plus the HST for the period of May 1, 2018 to
April 30, 2019.
- Carried.
Moved by Councillor Martyn
Seconded by Councillor Ens
THAT the Chief Administrative Officer be directed to prepare a report providing options for an
alternate Integrity Commissioner/Closed Meeting Investigator/Ombudsman.
- Carried.
Motion to Adopt Recommendations of the Committee of the Whole
Moved by Councillor Marr
Seconded by Councillor Jenkins
THAT we do now adopt recommendations of the Committee Of The Whole.
- Carried.
5
County Council 5 November 28, 2017
BY-LAWS
Moved by Councillor Ens
Seconded by Councillor Martyn
THAT 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" be read a first, second and third time and finally passed.
- Carried.
Moved by Councillor Jenkins
Seconded by Councillor McWilliam
THAT By -Law No. 17-40 "Being a By -Law to Confirm Proceedings of the Municipal Council of
the Corporation of the County of Elgin at the November 28, 2017 Meeting" be read a first,
second and third time and finally passed.
- Carried.
ADJOURNMENT
Moved by Councillor McWilliam
Seconded by Councillor Ens
THAT we do now adjourn at 11:37 a.m. and meet again on December 12, 2017 at the County
Administration Building Council Chambers at 7:00 p.m.
- Carried.
Immediately after the meeting adjourned, Council applauded Warden Jones for all of his hard
work and leadership during 2017. In turn Warden Jones thanked Council for all of their help
over the past year.
Julie Gonyou,
Chief Administrative Officer.
9
Warden.
Presentation to
Elgin County Council
Thursday, December 14th, 2017
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0 OUR community's generosity continues!
0 McCaig family makes second $500,000 donation
0 Barn Quilts unveiled!
• Substantial Completion — November 8th
0 $16 million fundraising goal reached!
• Yarmouth Mutual Insurance Company pushes Great Expansion
fundraising campaign over the top with $100,000 gift!
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• Grand Opening January 9th — Save the date!
• Surgery and Medical Device Reprocessing Department
(Sterilization) open January 15th
• Emergency Department to open January 25th
• Mental Health to open February 8th
• STEGH Foundation will continue to partner with the community to
raise funds for patient care equipment!
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2017 Highlights
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March 2017
• Hospital Hosted On-site Meeting with City and County
Councils
• Quality Improvement Plan Submission (March 31)
• Ongoing monitoring of indicators for Patient Experience,
Safety, Quality, People, and Financial Stewardship
June and November 2017
• Electronic communication of Hospital Activity
June 2017
• Annual General Meeting
• Elected Chair — Cathy Crane
• Elected Vice Chair — Deborah -Anne Hennessy
Emergency Department (ED)
• Remains the #1 Hospital in the province for shortest average
wait times
• Shortest Wait Time for Admitted Patients in Province
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Emergency Volumes Continue to Grow
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ER Volumes
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% Annual 7.9% 2.5% 0.1% 0.8%
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• Closed ICU Unit (24 Hour/7 Day Care)
• 700 patients per year
• May 2017 — one additional bed funded, bringing
total to 7
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Continued Board Activities
• Strategic Plan update; ongoing work over next
several months
• Executive Compensation Framework submitted to
Ministry of Health September 29, 2017
• Commencing LEAN journey at Board level to improve
Board functions
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This year we celebrate another successful year for the St. Thomas -Elgin Public Art Centre and our 48th year of
encouraging and promoting the appreciation of and support the practice of the visual arts in our community.
Our successes include an increase in membership, visitors to exhibitions and participation in our free public pro-
gramming for both adults and children.
The exhibition schedule for 2017 involved wide selection of artists with local, regional and national recognition.
Peter Robson- A Retrospective of the artist's life, Clark McDougall- the relentless pursuit, highlighted a generous
donation of artwork, In view of the Artists, a juried exhibitions featuring over 45 local and regional artists and sur-
veys of artwork from the permanent collection welcomed in new and returning visitors. Our exhibitions explored
many modes of creation and productivity with group projects like, #getloud, discussing mental health issues, dur-
ing Mental Health Week, interactive installations examining the idea of love and hope and partnerships with art-
ists and studios celebrating Youth participation in the arts. This curatorial exploration extended our educational
programs and increased our investment in our community.
With our amplified investment into arts education, our Educational Coordinator introduced new programs to the
2017 calendar which offered participates the opportunity to engage, learn and discuss art and creativity in the
gallery space and beyond our doors.
We enjoyed an enthusiastic year with supporters of the Art Centre's growing fundraising program and my grati-
tude is extended to them. Numerous private donors and sponsors are to be thanked for their endorsement of
our exhibits, education initiatives and events.
Thank you again for your continued support of the St. Thomas -Elgin Public Art Centre. The Art Centre could not
operate without the support of our exceptional
staff, the City of St. Thomas , the County of Elgin,
our community, our members, our donors, our vol-
unteers, and the many stakeholders who have
contributed to the growth and success of this Art
Centre. We look forward to another successful
year in 2018.
Laura Woermke
Executive Director / Curator
St. Thomas -Elgin
Board of Directors
PRESIDENT: Tom Hughes
VICE PRESIDENT: Suzanne Baehr
TREASURER: Meghan Vreman
RECORDING SECRETARY: Laura Woermke
Directors:
Ardythe Anderson
Bethany Green
Dang Ho
Katherine Medlyn
Debra Bagshaw
Kathy Collier
Kevin Morrell
Joan Dennis
Mayor Heather Jackson (City Rep.)
Mayor Greg Currie (County Rep.)
Executive Committee (standing)
President Tom Hughes
Vice President Suzanne Baehr
Treasurer Megan Vreman
Acquisitions Committee (standing)
Chair Bethany Green
Elaine McGregor Morris
Kevin Morrell
Gerald Pedros
Laura Woermke
Fundraising Committee (standing)
Chair Dang Ho
Katherine Medlyn
Laura Woermke
Finance Committee
Chair Tom Hughes
Treasurer Meaghan Vreman
Membership Committee
Chair Ardythe Anderson
Laura Woermke
Joan Dennis
Sharron Little
Deb Bagshaw
Human Resource Committee
Chair Tom Hughes
Suzanne Baehr
Megan Vreman
Sponsorship Committee
Chair Kathy Collier
Laura Woermke
Suzanne Baehr
Admisitration
Laura Woermke, Executive Director / Curator
Sherri Howard, Education Coordinator
Katelyn Tippin, Reception
Peri Hayes, Part-time Reception
Kayla Heaton, Part-time Reception
Marlee Merson, Part- time Reception
Matthew Coburn, Part-time maintenance
Ruth Wallace, (Volunteer) Reception
Elizabeth Bourque, (Volunteer) Reception
Dang Ho, (volunteer) Special Events
We gratefully acknowledge the continued support from the City of St. Thomas, the County of
Elgin, donors, members and supporters. With your support you provide us with the
opportunity to be creative, responsive and entertaining.
Vision
The St. Thomas -Elgin Public Art Centre is a highly valued and respected art centre that is a focal point for the St.
Thomas and Elgin community. The Art Centre is dedicated to fostering a welcoming, enriching and engaging
environment of art and creativity, inspire, challenge and educate its audiences.
Mission
To encourage and support an appreciation for and support the practice of the visual arts in St. Thomas and
Elgin County through a variety of exhibitions, educational programs and through the preservation of a
permanent collection.
Community Engagement and Social Media
Stadsdcs coveirJanu.uaryto Ilyoveirnbeir 1.41, 2.01.7
Attendance
Visitors to Exhibitions 4378
Openings and Special Events 2462
Facility Rentals 1715
Schools and Youth
Children Classes 664
Student Tours / offsite programming 2075
Adult Classes 265
Overall Attendance 11539
Last Year Attendance 11062
Social Media Highlights
Twitter Followers 4504
Facebook Fans 1965
Instagram 641
Visits to www.stepac.ca 15174
25
2017 Exhibition Programs
Leslie Sorochan
andromous
January 7 to March 4, 2017
Leslie Sorochan is an artist living and
working in Southwestern Ontario.
Leslie obtained a Bachelor of Arts
from the University of Guelph and a
Bachelor of Education from Queen's
University's Artist in the Community
Program. She has also completed a
residency at the Banff Centre for the
Arts. Leslie continues to pursue a
career in art education and as an
exhibited artist.
"My journey as artist, as is likely for most, has led me steadily
from the universal to the intensely personal. The growing reality
of time passing has developed into a psychological
interpretation of my role as parent in the "water series." These
images depict the concurrent experiences of buoyancy and
drowning, freedom and subservience, privilege and duty. This
internal dialogue continues into my most recent series of
drawings. All of my works are representational and primarily
figurative. I prefer to work on large scale with charcoal and
loose metallic pigment on paper."
Representation
Female artists from the Permanent Collection
January 7 to March 4, 2017
To celebrate the achievements of female artists, the Art Centre
prepared an exhibition of artwork from the permanent
collection highlighting women artist in Canada. These artists
have worked in a range of media, from painting, drawing,
printmaking and mixed media. Some are less known, others
have national and international reputations.
Woman in Canada have faced many obstacles in pursuing
careers as artists and in gaining recognition for their artistic
achievements. Marital and child-rearing responsibilities left little
time or energy for artistic pursuits. Women artists frequently
chose subjects rooted in their personal lives and experiences,
which ran counter to trends in mainstream Canadian art.
Coverage of their work was minimal in the early standard
histories.
Unlocking Youth Potential
An exhibition of Stained Glass with Medlyn Studio
1NI'rf
February 3 to 17, 2017
This exhibition was the conclusion and support of a six week art
program offered by Katherine Medlyn from Medlyn Stained Glass
Studio. The students work closely with the artist, learning
valuable hands on skills in the traditional field of stained glass
while learning to respect the environment and create an work of
art from the conception to the final work. Funding for the
program was provided by the Ontario Arts Council.
26
Its only a Paper Moon
Installation
February 16 to march 4, 2017
Gallery Three
Do all generations look back nostalgically at past generations as
sweeter, simpler, and lovelier in a certain way? What is that filter, the
one that allows or causes us to do this? Does Instagram have that
one? Is it real or make-believe? Maybe that sweetness comes less
from the sepia tones and more from the connections these memories
have: with histories told and retold by family members, songs that are
sung and re -sung through decades of campfires and kitchen parities
and snapshots of the best of times, taken and remembered. In these
ways, moments are captured and suspended in time. To experience
life as we experience these memories might be the sweetest filter of
all. Its Only a Paper Moon was launched during the Annual Arts Crawl
and allowed participation for the viewer to create their new memory
Building / Thinking
Mixed media artists from the permanent collection
March 10 to May 6, 2017
The St. Thomas -Elgin Public Art Centre proudly presented this selection
of mixed media works of art from its permanent collection. This
exhibition highlighted the diversity and
quality of the Art Centre's collection
and the immense talent present within
the St. Thomas, Elgin County and the
region. Supporting those within this
gifted community of emerging, mid -
career and established artists has
been the mission of the Art Centre
since its inauguration and it continues
to emphasize this level of support and
involvement with our community.
This exhibition represents the many
possibilities of mixed media artwork
and the building of an image. The
term "mixed media" is used to
describe artworks composed from a
combination of different media or
materials. The use of mixed media
began around 1912 with the cubist collages and
constructions of Pablo Picasso and Georges Braque, and has
become widespread as artists developed increasingly open
attitudes to the media of art. Essentially art can be made of
anything or any combination of things.
Selections from artists such as Ron Milton, Aidan Urquhart,
Walter Redinger and Paul Slogget, reveal some of the
processes behind the artist's thinking, collecting and object -
making.
#Getloud for Mental Health
Community art Project
Thursday May 4, 2017
Gallery Three
The First week of May is Mental Health Awareness Week
throughout Canada. This year the Art Centre worked with
individuals from our local Canadian mental Health
Association—Elgin Branch, to deliver a collaborative art
project, workshops and on May 4, an evening of cultural
events and information to our community. The evening
featured Slam Poetry, live music, book authors and
presentations by guest speakers in issues surrounding mental
health. 27
Peter Robson
An Retrospective Exhibition
May 13 to July 1, 2017
This is the first major public exhibition devoted
to the full scope of the career of Peter Robson,
widely considered to be an important and
prolific artists of the in Elgin County. The
exhibition, which will only be seen at the Art
Centre, presents an unparalleled opportunity
to study the artist's development over nearly
four decades, beginning with his earliest works,
produced when he arrived in Sparta, Ontario
in 1980, and concluding with his final
unfinished, replica painting in 2014. Bringing
together nearly 40 works from public and
private collections, the exhibition occupied
the Art Centre's entire gallery space, totaling
approximately 2500 square feet.
Clark McDougall
The Relentless pursuit...
July 8 to August 26, 2017
Gallery One & Two
The St. Thomas -Elgin Public Art Centre's
Permanent Collection is one of the largest and
most significant in the St. Thomas and Elgin
County region and assists the mission of the Art
Centre "to encourage and promote the
appreciation for and support the practice of
the visual arts in St. Thomas and Elgin County".
The collection of over 1700 works is
predominately Canadian artworks of local
and regional importance in a variety of media
and documents our valuable local history.
Our core beliefs are that a permanent
collection, with a concise collecting mandate,
assists in meeting the Art Center's goals
through internal exhibitions, external loan
program to other arts organizations, and its
educational value. Long term ethical care
and preservation of the permanent collection
is also at the heart of our collecting efforts.
History of the Permanent Collection
The Permanent Collection began in 1969, through fundraising efforts of the Creative Arts Committee and the
University Women's Club, enable the purchase of Clark McDougall's painting entitled "Talbot Street ", 1964.
Since 1969 the collection has been built through purchases from annual juried exhibitions such as "Creative
Elgin", gifts from artists and estates, as well as gifts from local and regional patrons of the arts.
Prior to acquiring the current location, the Art Centre held ongoing exhibitions at various location. The first
exhibition opened Sunday, September 1, 1969, at the YWCA, with works on loan from the Art Gallery of
Ontario. With the success of this exhibition, a second was quickly planned and held on November 30th, at
Parkside Collegiate with an exhibition of William Notman Photographs.
In March, 1970, a building was purchased at the West end of Talbot Street. The former Imperial Bank of
Commerce. The purchase occurred just one year to the week form the launching of the art project by the
Creative Arts Committee of the University Women's Club.
The Permanent Collection is an integral component of the Art Centre's exhibition program and provides
material for rotating exhibits within the Center's three galleries. These exhibits are important in relaying the
depth of the collection, providing educational opportunities, and serve as an example of the importance of
creating, maintaining, and exhibiting a collection. The Permanent Collection is also made available to other
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organizations to assist in meeting their individual exhibition goals.
Artworks from the Permanent Collection are also available for study by student, staff, and by other visual arts
researchers. The collection is used as a teaching tool for students and volunteers who are interested in
learning about the life of an artist, artistic techniques, collections management, and provide opportunities for
research, preventive care, and organization.
The St. Thomas -Elgin Public Art Centre is currently building its collection exclusively through gifts of artwork.
The largest single artist represented in the collection, with approximately 430 original artworks, is Clark
McDougall. This is due to a considerable donation of 230 drawing and sketches donated in 2011 and the
most recent donation of 170 paintings by the McDougall Group. It is with great gratitude that we
acknowledge this important gift of artworks with this exhibition,
Clark McDougall, the relentless pursuit....
This donation contains a well documented scope of the career of Clark McDougall. The exhibition presents
an unparalleled opportunity to study the artist's development over nearly four decades, beginning with his
earliest watercolour works, his experimentation with oil painting , and concluding with his most notable works
of black enamel on board.
Representing nearly every type of work McDougall made, in both technique and subject matter, this
exhibition includes selected paintings and drawings. Among these are the artist's most familiar styles divided
into subject matter ranging from figurative paintings, rural and urban landscapes, abstraction, to his black
and white compositions. Many of these works have been unseen and have been in
storage since 1981.
The McDougall group includes David Bruce Lemon, Nephew, Eric Nicolaas Lemon, Great Nephew, Peter
Miller Lemon, Nephew, John Stephen Levack, Nephew, Robert Gordon Lemon, Nephew, Aedon Ross Lemon,
Great Nephew, Grant Peter Lemon, Great Nephew, Paul Douglas Lemon, Nephew, David Lemon in trust for
Jay Paul Lemon , Great Nephew, David Lemon in trust for Amy Margot Lemon - Great Niece, and Robert
James Harold Levack, Nephew.
29
In View of the Artist Juried Exhibition
September 24 to October 22, 2016
The St. Thomas -Elgin Public Art Centre presented "In View of the Artist", a
juried exhibition that celebrated the artist behind the work, "what the artists
sees and creates, "in their view", "real or imagined". This juried exhibition
welcomed submissions from artists in Southwestern Ontario and was reviewed
by judge Gerald Pedros. Gerald Pedros is a local artist and former professor
of visual arts from Concordia University.
A Portrait is....
Portrait Artist from the collection
September 24 to October 22, 2017
Gallery Three
A Portrait is... highlights portraiture of local and regional artists found in the St.
Thomas -Elgin Public Art Centre's permanent collection. While these works
share the lives of the artist and the individual portrayed in them they also
become in a sense a larger community portrait. Through this selection of
works the viewer explore how we relate to others in our community and how
this plays a role in our personal identity.
Elizabeth Kusinski
It Takes a Village
November 11 to December 30, 2017
In celebration of 150th birthday of Canada, the St. Thomas -Elgin Public Art
Centre is pleased to present "It Takes a Village", an exhibition of portraits
created by artist Elizabeth Kusinski. Elizabeth's portraits explore her subjects
individual narrative and identity which results in a reflection and definition of
the Canadian community she lives in.
"Elizabeth is a self taught professional painter of over twenty years. She works
exclusively in oil as she believes the colours and textures allows her to truly
capture the complexity of light and dark. She believes that to truly bring a
painting to life, it has to capture the viewer's interest quickly and then draw
them into the painting.
Elizabeth works out of her studio in the quaint fishing village of Port Stanley,
Ontario."
Marion Dickson
Anatomy
November 11 to December 30, 2017
Gallery Three
Based on a generous donation from the siblings of the artist, Marion Dickson,
this exhibition will highlight the technical skill involved in drawing the human
form starting from basic anatomy to more complex figurative
drawings. Marion Dickson was a local artist who started her art education at
H.B. Beal Secondary School in London, Ontario. Upon graduating, she then
travel abroad to complete a diploma in the fine arts. She returned to
Canada and worked for Eaton's Canada in Toronto as an illustrator. In her
later years she could be found in the garden, painting with her mentor,
Albert Templar.
As a Third -party recommender for the Ontario Arts Council—Exhibition Assistance
program, three local artists were granted funds in support of their exhibitions.
Jeffery Suchak, St. Thomas (exhibition McMichael Gallery)
Elizabeth Kusinski, Port Stanley (STEPAC)
Mary Donlan, St. Thomas (Woodstock Art Gallery)
The program supports Ontario -based artists and artist collectives working in visual arts,
craft and media art practices in the presentation of their art work in a confirmed
public exhibition.
This is a third -party recommender program. Artists apply to galleries
and organizations designated as recommenders for the program.
Recommenders assess applications and submit grant 171
recommendations to OAC.
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Educational Programs
The Educational Department at St. Thomas -Elgin Public Art
Centre offers guided Exhibit Tours and curriculum based
Studio Projects that allow students to explore and engage
with the works on display. The Art Centre is proud to work
with Educators and students in the Thames Valley District
School Board.
Why Promote Art Education?
Art education develops self-esteem, appreciation of the
work of others, self-expression, cooperation with others,
and critical thinking skills, skills vital to the success of our fu-
ture leaders --- our children.
A well-developed program of making and studying art
serves many functions. They help students better articulate
their perceptions and shape coherent responses to their
experiences. When children learn to appreciate form and
colour...when they learn the importance of fashioning their
own images of the world around them, they achieve
greater discipline and self confidence.
Too often, the value of participation in the arts is underesti-
mated. The arts enrich our lives and enrich our learning.
And the arts are a valuable learning tool that reinforces
the other disciplines, like reading, writing, social studies,
even science and math.
Additional Tours/Educational Programs
Throughout the year the Art Centre provides FREE educational tours to many groups in our
community. Groups such as the Girl Guides, Brownies and Sparks have visited the Art Cen-
tre to take part in the tour and Hands-on art activities. Many of these girls are able to work
toward or receive a badge through their visit and participation in our programs.
Ageing Creative, a group of seniors from London, Ontario took part in tour of the facility
and the exhibition Clark McDougall, the relentless pursuit. A few of the members of this
group have also participated in our adult programming.
Summer Art Instructor
Through a Canada Summer Jobs grant, we employed Shelby Hayward, as the Summer Art
Instructor. Shelby's responsibilities included developing and implementing an eight week
summer art program with guidance from Sherri Howard the Education Coordinator.
This fall the Art Centre welcomed a co-op placement with Marlee Merson, a student from
Parkside Collegiate and an internship with Meghan Milton, a student in the visual arts pro-
gram from McMaster University in Hamilton. This valuable experience developed their skills
in educational planning, curatorial development and collection management.
Lily Wraight, a grade ten student from Parkside Collegiate was our off-site art instructor and
allow the Art Centre to continue our participation in the Summer Fun Mobile program of-
fered through the OEYC. Every other week for six weeks, Lily brought art and craft ideas
31
and materials out into the community and wowed participants
with her face painting skills.
For the second summer in a row the Art Centre participated in
the Summer Youth Employment Program offered through Family
and Children Services. This program provided a young women
for our community the opportunity to gain valuable employment
experience and provided us with an afternoon assistant in the stu-
dio for our summer programs.
Partnerships and Public Programs
Alzheimer Society St. Thomas -Elgin
This year the Art Centre and the Alzheimer Society once again,
have partnered to provide the community with the program CRE-
ATING CONNECTIONS. This intergenerational art program will pro-
vided an opportunity for art workshops that brings individual living
with Alzheimer's together with staff, trained volunteers, and art
students from Parkside Collegiate and Central Elgin Collegiate. It
emphasized the positive impact of art therapies in people with
Alzheimer's and how these approaches can change the way the
disease is viewed by society.
Family and Children's Services St. Thomas -Elgin
The Art Centre held a workshop in partnership with Family and
Children's Services. Several young people involved with F&CS's
Youth in Transitions program met in the studio with young people
involved with the Art Centre to create abstract paintings.
Family Fun Mobile
Once again this year, the Art Centre participated in the Family Fun Mobile. A
mobile entertainment centre sent to areas in St. Thomas that are deemed at
risk. The van was equipped with activities from the art centre, the library and
resource information for families.
Ontario Early Years Centre
Elgin -Middlesex -London
St. Thomas Public Library
Community Living Elgin
Elgin Community Living Workshops
The art Centre has begun a program of art workshops being of-
fered to individuals taking part in adult day programs through El-
gin Community Living. These workshops take place every other
week in our studio and cover a wide range of art and craft top-
ics.
Canadian Mental Health Association art programs offer hands -
on learning. These programs range in techniques from painting
and drawing to collage and sculpture.
Elgin Medical Recruitment. This opportunity allows us to partici-
pate in retention of potential Doctors in our community by
demonstrating our involvement in a healthy and vital community.
32
Kettle Creek Conservation Authority & St. Thomas Public Health -
Grades 3 - 7 classes from across Elgin County and St. Thomas created and sub-
mitted short video presentations on the importance of choosing tap water over
bottled water and/or a sugary drink. The submissions were viewed at the Art
Centre during an Opening Gala evening on March 6, 2017.
St. Thomas Chamber of Commerce. On October 11, the Art Center took
part in the Chamber's Meet the Makers event at the Elgin Mall. In addition to our
own display featuring our new promotional banners, the Art Centre organized
displays by six local artists, who demonstrated their work and their skills, talked
with visitors and showed just how remarkable the artist -maker is in our community.
Around 375 people stopped by the display.
Kraft Hockeyville / Hometown Hockey and the Downtown Develop-
ment Board
Once again the Art Centre has partnered with the Downtown Development
Board to create beautiful decorations for the City Hall Christmas tree. The chil-
dren worked hard creating hockey and St. Thomas themed ornaments just in time
for the Kraft Hockeyville and Hometown Hockey weekend
Poverty Coalition This fall the Art Centre was included in the first meeting of
the Poverty Coalition. Planning has begun on an art related public event, with
the focus on poverty in our community and bringing awareness, hope and
change.
Community Events This year the Art Centre participated in the following
community events:
Arts Crawl - Railway City Tourism
Teddy Bear Picnic—Ontario Early Years FREE hands -on -activities
Nostalgia Nights - Downtown Development Board
Culture Days September 29 to October 1, 2017
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Free Art History Talks with Andres Villar
Presentations of surveys and topics on art and history was offered
the last Sunday of the month throughout 2017. Admission was free
and 100's of visitors joined us.
Andres Villar is a professor at the University of Western Ontario
where he earned his PHD in Art and Visual Culture in 2011.
January 29, 2017 Renaissance
February 26,2017 Baroque
March 26, 2017 18th and 19th Century
April 30 Impressionism and Post -Impressionism
May 28 Modernism and the Avant-garde
June 25 Toward Contemporary Art
October 1 Canadian Art and Change
October 29 Frieda Kahlo, Diego Rivera and Mexican Art
Petals and Paint
Harris Flower Farms and Artist Heather Keating teamed together
with the Art Centre to offer a unique experience in the main gallery
space. Participants enjoyed learning basic flower arranging tech-
niques with Brenda Harris. These beautiful arrangements provided
inspiration for the instructional watercolour lesson by local Artist
Heather Keating. We look forward to providing more of these inspi-
rational workshops. This year workshops were offered
Thursday April 20, 2017
Thursday June 29, 2017
September 21, 2017
EAT DRINK CREATE
This highly popular workshops offers the participants the opportunity
to try many different traditional artmaking techniques. The art cen-
tre provides the materials and the experience instructors and the
student does the rest.
Friday February 10, 2017
Friday April 28, 2017
Friday October 13, 2017
Friday December 1, 2017
Watercolour Painting with Heather Keating
Local artist Heather Keating
Winter February 16 to March 23, 2017
Spring May 18 to June 22, 2017
Fall Thursday October 19 to November 30, 2017
Clark McDougall Scholarship Program
for Students:
vi.
Clark McDougall (1921-1980) was a well known St. Thomas artist who painted throughout Elgin County. He
remains one of the most significant contemporary artist in this region. His work is part of many public and
private collections across Canada.
In order to commemorate the life and artistic achievements of Clark McDougall and to encourage and sup-
port future generations of artists, a scholarship fund has been established in Clark McDougall's name by his
family. Each year two $1000 awards are presented to two graduating secondary school students from St.
Thomas and Elgin County, who are pursuing visual or graphic arts at a post secondary level.
This year, two scholarships were awarded to a student one from Breanne McCurdy from Parkside Collegiate
and Francis Santiago from Central Elgin. Thanks you to Peter Lemon for his ongoing support and involve-
ment with the Clark McDougall Scholarship.
35
Special Events and Fundraising
REDTAIL COCKTAIL PARTY & SILENT AUCTION held on Saturday May 27, 2017 in the club
house of the Redtail Golf Course. This sold out event features a traditional cocktail party and silent
auction. Auction items were generously donated by many local businesses. We thank our sponsors
and our returning emcee Andrew Buttigieg from MYfm.
Annual Art Auction, held the first Friday in November for over 35 years. This year, the event took
place on Friday November 3 and featured over 80 works of art in the live and silent auction. Al
Hughson, our auctioneer, entertained the sold out crowd while our Emcee, Councilor Steve Wookey
kept everyone on task. A very big thank you to our event sponsors, generous local artists and every-
one who purchased a ticket!
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The Gift Shop has a long standing relationship with many local
artists that display and sell their handmade works in our Gift Shop.
Promoting and encouraging artists and artisans from Elgin County
in our unique space introduces them to the many visitors at the St.
Thomas - Elgin Public Art Centre. Staff and volunteers in the Gift
Shop share and promote information with our community about
local artist; from how the work is made to finding artists' studio so
they may take a class or see even more of their work. We recom-
mend those interested to local artists for commissions and special
projects.
The Art Centre Gift Shop has welcomed several new artists into the Gift Shop this year including Tamara David
of Deerfield Pottery, Grayden Laing and Robin Grindley. Pottery, jewellery and paintings have been popular
handmade works in the gift shop throughout the year. The St. Thomas - Elgin Public Art Centre has produced
items by pairing with a local artist to create a portrait of Clark McDougall that was featured on mugs, coasters,
art kits, sketch books, bags and prints that were very popular during the McDougall Relentless Pursuit exhibi-
tion. During the Peter Robson Retrospective many prints and cards were popular mementos. Visitors have
shared their enjoyment of giving local treasures from with their guests, family and to treat themselves to an
original work of art.
Every year the Art Centre thanks these generous artist by hosting an annual Gift Shop Show and Sale. The
main gallery is transformed into a one day creative market for all to enjoy. Some of the items the Art Centre
produced such as posters, cards and mugs have been shared with other non -for profits for their fundraisers
and to welcome newcomers to the area.
GIFT SHOP ARTISTS
Joel Berry
Julie Berry
Emmi Coburn
Genevieve Crabe
Ann -Marie Cheung
Mandy Carter
Pat Curtis
Terry Carroll
Tamara David
Kellen Devos
Herman Gooden
Robin Grindley
Paula Platter -Galloway
Christopher Golding
Betty Harmsen
Kim Hughson
Elizabeth Kusinski
Heather Keating
Christine Klaus Noble
Grayden Laing
Terry Lanning
Raegan Little
Katherine Medlyn
Ethel Mirovic
Crystal McMaster
Candy McManiman
Peter Robson Studio
Denyse Gervais Regan
Larry Russell
Judy Ross
Jan Row
37
Peter Sheridan
Aganetha Sawatzky
Joseph Sawicki
Scott Shakir
Jennifer Squires
Katelyn Tippin
Vivian Tserotas
Sarah Van Pelt
Deborah Worsfold
Lily Wraight
Jeff Wilmore
Mary Louise White
Laura vv
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Volunteers - An Important Resource
Volunteers are the most important resource St. Thomas -Elgin Public Art
Centre has. The ability of people to work willingly together for the bet-
terment of their community and themselves is a valuable resource.
The image of the volunteer has changed over time. Now volunteers
come from all walks of life. Our volunteers range from students partici-
pating in free public programming, retired teachers (greeters for spe-
cial events and reception), educators (researching and archiving) and
artists (sharing their individual artistic techniques in workshops and clas-
ses).
Ideally, volunteers find the donation of their time and energy a mean-
ingful experience for themselves as well as for the organization. A true
win/win situation.
2017 Volunteers
Grace Robertson -Hill
Yen Ho
Emma Ewaskiw
Ruth Wallace
Joan Dennis
Elizabeth Bourque
Kala Herring-Geelen
Taylor Locke -Ribble
Matthew Coburn
Suzanne Baehr
Lilly Wraight
Total Hours Volunteered 654
Olivia Goodhugh
(Jan- Nov 8/2017)
Aaliyah Paul
Maddison Thompson
Olivia Robertson
Catherin Craig
Dang Ho
Ruth Wallace
Olisa Wong
Ethan Smith
Jack Pigram
38
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REPORTS OF COUNCIL AND STAFF
December 14, 2017
Council Reports — (ATTACHED)
Warden — Draft 2018 Committee Appointments
Councillor Sally Martyn — Elgin County Museum 2017 Annual Report
2017 Report to Elgin County Council (Town Crier Dave Phillips Record of 2017 Events Attended
Staff Reports —(ATTACHED)
Economic Development Coordinator — Elgincentives 2017 Year End Review
General Manager of Economic Development — Bike Share Program
Manager of Planning — Approval for Official Plan Amendment No. 21, 14 Snow St., Vienna,
BA-OPA21-17, Adrian Boeder
Manager of Planning — Approval for Official Plan Amendment No. 22, 27 Erieus St., Port Burwell,
BA-OPA22-17, David & Patricia Mudge
Marketing and Communications Coordinator — Schedule of Council Meetings for 2018
Chief Administrative Officer — Options for the Position of Deputy Warden
Chief Administrative Officer — Integrity Commissioner, Closed Meeting Investigator and
Ombudsman Position
Director of Community and Cultural Services — Elgin County Heritage Centre Hours of Operation
and Admission
Director of Community and Culture Services — Completion of County Website Upgrades
Acting Director of Engineering Services — Sunset Road — No Parking By -Law Amendment
Acting Director of Engineering Services — County Road Maintenance Agreement
Director of Homes and Seniors Services — Homes — Nursing (Section N -Z) Policy Manual Review
and Revisions
Director of Homes and Seniors Services — Homes — Mobile Optometry Services
Director of Financial Services — October 2017 Budget Performance
Director of Financial Services — Borrowing By -Law
Director of Financial Services — POA Court Fffilities
DRAFT 2018 COMMITTEE APPOINTMENTS
Disaute Resolution
Elain Countv Museum (1
I Elgin St. Thomas Public Health (3) 1 1
111111111M. OWN M12 MITOTE
Human Resources Committee (3) 1 1
Joint Elgin/Central Elgin Accessibility Advisory
Committee (1)
POA Court Facilitv (3
Rural Initiatives
Social/Entertainment
I St. Thomas -Elgin Public Art Centre (1) 1 1
Terrace Lodqe Buildinq Committee (4)
I Waste Manaaement/Liaison I Committee of the Whole Council I
I Water Advisory Committee (1) 1 1
:,
rad{lGi�N
E`�iu, REPORT TO COUNTY COUNCIL
FROM: Councillor Sally Martyn
Mike Baker, Curator of Elgin County Museum
DATE: December 14, 2017
SUBJECT: Elgin County Museum 2017 Annual Report
INTRODUCTION:
Below is the 2017 annual report of the Elgin County Museum submitted on behalf of
County Council's 2017 representative on the Elgin County Museum Advisory Committee,
Councillor Sally Martyn.
DISCUSSION:
The committee met five times between January and December, 2017 in fulfilment of the
terms of Elgin County By-law No. 16-03. The following are issues and reports brought
forward to the committee during this period:
Membership
The Museum Advisory Committee is currently composed of:
Helen Van Brenk, Chair (Women's Institute representative)
Perry Clutterbuck, Vice -chair (At -large member)
Charlie Jenkins, (Agricultural community representative)
Joan Mansell, (Women's Institute representative)
Kim Teuscher, (County Museums representative)
Marie Nancarrow, (At -large member)
Sally Martyn (Elgin County Council representative)
Staffinq
The museum was very fortunate to have Christopher Shackleton join the staff as this
year's summer student funded in part by the Young Canada Works program. The position
also served as his work term for the Museum Studies program in which he was enrolled at
the University of Toronto. Chris produced the Holstein Club Centenary exhibition in the
Federation of Agriculture Room, produced a large number of well-received social media
posts on various artifacts in the collection as well as providing visitors with very detailed
tours of the museum.
43
Museum Partners
In honour of the Canada 150 celebrations, the Partner Museums each mounted a
temporary show related in some way to the history of transportation in the County. The
County Museum used its rack card and its page in the Elgin County visitor's guide to
promote the shows.
Exhibitions
The Museum produced or hosted the following exhibitions during 2017:
January 9 to March 31
Lace Up! Travelling exhibition from the Canadian Museum of History
Interpretive panels illustrate the story of skating in Canada. The show includes artifacts from
other winter sports as well as photos and costume from local skating clubs. Try your hand at
traditional table top hockey.
April 10 to May 19
The Barn Raising Project -Travelling exhibition from Simcoe County Museum
Images of 40 barns from across Canada in the form of hand-crafted fibre art using
traditional rug hooking techniques; highlighted by an original piece from the museum's own
rug hooking club.
May 27 to September 1
Ships and Sails, Roads and Rails: Travel in the Confederation Era
Elgin County Museum celebrates Canada 150 using the theme of transportation. Moving
people and goods around and across our county took many forms in the years leading up to
1867 and after.
September 9 to December 22
Relive Expo
In 1967, 50 million people visited Canada's Expo. Elgin County residents recall their trip to
Expo in video clips. Highlights include photos and souvenirs of Centennial events here at
home. A series of National Days will celebrate the arrival of the people that make up today's
St. Thomas -Elgin community.
All Year
The Federation of Agriculture Room - Elgin Holstein Breeders Association Centennial
Elgin Manor
This year's exhibit featured selections from the camera collection.
Out -reach
The Museum Assistant presented edu-kits on seven occasions to the County's long-term
care homes, including three new ones created with the assistance of a grant from the
Ontario Seniors' Secretariat.
The Sifton Victoria Cross was part of an event at St. Peter's Church in Tyrconnell marking
the100th anniversary of The Battle of Vimy Ridge. The pastor, Rev. Nick Wells, organized
a service as well as the creation and placement of a stone in the adjacent cemetery for
Lance -Sergeant Sifton based on the type of stone marking the graves of WWI veterans
across Canada. It was unveiled at the conclusion of the church service. At the invitation of
the museum, Blair Ferguson delivered the annual Vimy Lecture at the beginning of the
service.
The Sifton Victoria Cross was also exhibited at the Southwold Remembrance Service at
the Keystone Complex, Shedden, on November 5th along with a selection of artifacts and
images from past WWI exhibits.
Partnership Proiects
STEGH — provided copy for the barn quilt installation and reviewed and contributed to the
History Wall with the help of Archives staff.
The Bayham Rail Trail — production of interpretive plaques, including map making, image
selection and copy writing (in process).
Port Glasgow dance pavilion committee — reviewed text and provided images for an
interpretive plaque.
Shedden Library — selected and installed a series of Archive images related to the
Shedden area.
DC3 crash near Lawrence Station — production of an interpretive panel (forthcoming).
Arts and Cookery Bank - selected and reproduced a series of images for a transportation
themed exhibit and provided content for the dinner programmes.
Elgin Women's Institutes — editing and production assistance for a 120th anniversary book.
Television productions — assisted two production companies with images and interviews
for shows on Jumbo. Provided a full exhibition that was used as a backdrop for filming.
Broadcast dates have been set for both productions: UK on December 10th 2017; CBC
(The Nature of Things) on January 7th, 2018 at 8 pm.
Programs
The museum organized two days of activities around the presentation of the Expo exhibit
based on the National Days which took place at Expo67 highlighting the art, music and
food from each of the participating countries. The museum invited members of the region's
immigrant community to bring aspects of their culture to the museum for presentation to
visitors. Highlights included a dance performance from the Saxonia Club in Aylmer and an
English cream tea. Approximately 25 people attended each event.
45
Doors Open
Neither St. Thomas nor Port Stanley/Sparta participated in Doors Open this year.
Visitor Statistics and Donations
On-site museum exhibit and program attendance totalled 1385 (to November 30) up from
1266 in 2016.
Booked tours brought in 53 people.
Audiences at education outreach programs totalled 146
One school visit was made to Elgin Court in St. Thomas (26 students)
Donations
Donations included a $1000.00 gift from the Williams Family Foundation and a $4000.00
bequest from the Estate of Theresa Ann McFee Cutler.
Permanent Collection
The museum received a total of 84 gifts of various sizes. The highlights include a spittoon
from the Rockabore Inn in Port Bruce, an early melodeon, and a c. 1920 Columbia
Grafanola — a type of phonograph.
Social Media
The museum's current social media status is 339 Facebook likes and 331 Twitter followers
(up 49%). The museum posts information once a week on a selected artifact.
Outlook for 2018
As might be expected, much of the past year has been spent planning the opening of the
Heritage Centre. The opening exhibition is on medieval life, on loan from the Bruce County
Museum. A portion of the building will be fitted up to appear like a room in Col. Talbot's
Castle near Dublin. The museum has created a program which meets the needs of the Grade
4 Social Science curriculum and has already received two bookings for the program.
The balance of the space will house a permanent exhibition detailing the development of the
county as well as two additional temporary shows; one running from April through the
summer will mark the 200th anniversary of the arrival of the Scots in West Elgin and a second
show in the fall will feature aspects of rural life such as community bands and baseball
teams.
A formal, ceremonial opening for the Heritage Centre will occur in the spring.
CONCLUSION:
This report outlines the activities of the Elgin County Museum Advisory Committee for the
period January 1 to November 30, 2017.
RECOMMENDATION:
THAT the report titled "Elgin County Museum 2017 Annual Report" dated December 14,
2017 be received and filed.
All of which is Respectfully Submitted
Councillor Sally Martyn
Mike Baker
Curator of Elgin County Museum
47
Approved for Submission
Julie Gonyou
Chief Administrative Officer
2017 Report to Elgin County Council
Town Crier Dave Phillips Record of 2017 Events Attended
March 31 Canada 150 — Community Centre — Dutton
May 13 Monty McNaughton Retirement — McNaughton Home Hardware & Lumber —
Presentation of painting "New Beginnings" — Newbury
May 16
Greeting given to small tour group of retired American Surgeons &
Physicians — at the Galbraith Inuksuk — Dutton
May 23
Rotary Club Flag Raising — City Hall St. Thomas — Rotary Week
June 2
Port Stanley Artist Guild — Port Stanley Legion
June 3
741 Air Cadets — Parkside Collegiate — St. Thomas
June 7
County Incentive Program — St. Thomas Golf and County Club Union
June 9
New Library Opening Ceremonies — Shedden
June 9
Rosy Rhubarb Opening Ceremonies — Shedden
June 10 & 11
Rosy Rhubarb — Shedden
June 12
Parkwood Veterans Hospital — London
June 16 & 17
Dunwich Scotch — Fundraiser Skits — Wallacetown Fair Grounds
June 29
Hofhuis Park — Port Stanley
June 30
Canada Day Celebrations — Parkwood Hospital — London
Dutton Military Heroes - pins handed out to each Veteran
July 1 Canada Day — Port Burwell, Dutton, Aylmer
July 22 50th Anniversary Eagle Community Centre — Eagle
July 30 91St birthday June Welch, Veteran — Pinafore Park — St. Thomas
August 26 Canada 150 — Sons of Scotland Park — Dutton
August 27 Elevated Park Picnic — St. Thomas
September 10 Canada 150 Awards — St. Thomas presented to Jenny & Dave Phillips
September 13 Mural unveiling of "Show Ring — Wallacetown Fair'— Artist Jenny Phillips —
Ontario 150 Project — Dutton
September 17 "Kirkin' of the Tartans" — Knox Presbyterian Church — St. Thomas
October 21 11th Annual John Kenneth Galbraith Literary Awards — Dutton
November 10 Remembrance Day Evening Service — Dutton
November 18 Santa Claus Parade — Dutton
December 6 Veteran's Memories Book Signing — Parkwood Hospital, London
/Urrl'i/YOM .
d
Fi: nREPORT TO COUNTY COUNCIL
FROM: Kate Burns Gallagher, Economic Development Coordinator
Alan Smith, General Manager of Economic Development
DATE: November 28, 2017
SUBJECT: Elgincentives 2017 Year End Review
INTRODUCTION:
In October 2015 the Elgincentives Community Improvement Plan was launched. In two
years the program has seen huge success across the County. The following is a
summary on the total number and value of incentives from January — November 2017
and cumulative from October 2015 — November 2017.
Staff will continue to report on an annual basis in December of every year on the program
results.
DISCUSSION:
*2015 — October — December
Elgincentives Grants
Number of
Approved
Projects*
2016*
Fagade
2016
$ 40,182
201t,
13
Total ,
Yearly Allocation
$
100,000
$
250,000
$
200,000
$
550,000
Funds Available
$
100,000
$
271,407
$
200,547
$
----------
Total Value of Project Costs
$
241,537
$
792,368
$
1,463,711
$
2,497,616
Total Grant Requests
$
80,134
$
273,000
$
391,765
$
744,899
Total Grants Approved
$
78,593
$
270,860
$
199,343
$
546,582
Total Number of Projects
10
40
59
109
Average Grant Amount.
$
7,859
$
6,785
$
3 399
$
5,014
*2015 — October — December
Elgincentives Grants
Number of
Approved
Projects*
Approved
Grant Value
Fagade
14
$ 40,182
Signage
13
$ 11,362
Property
13
$ 19,058
Building Improvement
30
$ 100,612
Building Conversion/Expansion
3
$ 12,297
Energy Efficiency
7
$ 12,185
Outdoor Art Grant located in priority area
0
$ 0
Savour Elgin
4
$ 2,766
Arts Trail
2
$ 881
Planning and Building Fees Grant
0
0
Tax Increment Equivalent Grant
1
TBD
*several applications were approved for more than one grant
By Municipality
# of
Applications
Grant
Value
Value of
Projects
Aylmer
13
$
42,420
$
163,654
Bayham
7
$
28,194
$
167,955
Central Elgin
18
$
56,785
$
309,564
Dutton Dunwich
4
$
11,334
$
112,307
Malahide
5
$
19,728
$
124,759
Southwold
7
$
27,527
$
111,544
West Elgin
5
$
11,141
$
467,929
As indicated in the above tables Elgincentives had 59 approved applications from
January — November 2017 with total investment by Elgin of $199 343 resulting in private
investment of $1 463 711.
In 2017 the first Tax Increment Equivalent Grant (TIEG) application was received.
For 2017 there were four applicants that withdrew after approval as they did not receive
the required funds to move ahead with the project. All four re-applied at a subsequent
meeting and have proceeded with the projects.
Two approved applicants did not meet their contractual obligations to start the project
within six months of approval and so have forfeited their funding towards the project.
For 2018, Elgincentives will receive an additional $80,000 into the budget from the
removal of the vacancy tax rebate. This will allow for a 2018 budget of $255,000
($175,000 approved by Council and $80,000 from rebate). This will once again be
allocated over five meetings over the course of the year.
The Elgincentives Implementation Committee has also agreed to move forward with the
research into an Industrial Tax Increment Equivalent Grant (TIEG) for 2018.
CONCLUSION:
The popularity of the Elgincentives program continues to grow, improving Elgin's
downtowns, waterfronts, agricultural and tourism areas. This program is stimulating
economic growth and development by assisting businesses and property owners with
restoration and redevelopment projects County wide.
The Elgincentives Implementation Committee will meet January 17, 2018 to review the
first applications for 2018.
Elgincentives is a shining example of how Elgin County is "Progressive by Nature".
50
RECOMMENDATION:
THAT the report titled "Elgincentives 2017 Year End Review" from the Economic
Development Coordinator dated November 28, 2017 be received and filed as information.
All of which is Respectfully Submitted
Kate Burns Gallagher
Economic Development Coordinator
Approved for Submission
Julie Gonyou
Chief Administrative Officer
Alan Smith
General Manager of Economic Development
51
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Fi: nREPORT TO COUNTY COUNCIL
FROM: Alan Smith, General Manager of Economic Development
Jessica DeBackere, Tourism Services Coordinator
DATE: November 27, 2017
SUBJECT: Bike Share Program
INTRODUCTION:
In April 2017, the Ministry of Tourism, Culture & Sport released its first cycle tourism
report: Tour by Bike. This report highlights the importance of cycle tourism to the
economy and indicates that cycling visitors generally spend more on average per trip
than any other visitors. Elgin County's Economic Development department recognizes
this economic opportunity as well as the health and well being of those who participate
in cycling.
The department has been undertaking initiatives to expand the County's cycling
infrastructure in order to enhance cycle tourism, active living, and Elgin's overall quality of
place. In order to further enhance this infrastructure for tourists and local citizens, the
Economic Development department is recommending the development of a bike share
program in Elgin County — namely a partnership with Central Elgin to implement a two
year bike share pilot program in Port Stanley.
DISCUSSION:
The Economic Development department is currently working on initiatives to build cycling
infrastructure to help make Elgin County a more cycle friendly destination. The addition of
water stations, bike racks and the branding of trails and routes are a few initiatives that
have been implemented in 2017 to help cycling in Elgin County. The addition of a bike
share program in Elgin County would be a unique asset to the area and would support
the Ministry of Tourism's action plan to increase cycling in Ontario.
A bike share is a service that provides shared use bicycles to individuals on a short-term
or a semi long-term basis. Bike shares promote healthy living for residents and act as a
fun and active way for tourists to travel within a community. Bike shares are ultimately
utilized to encourage people to use bicycles as an alternative mode of transportation thus
reducing carbon emissions. They also increase exposure to storefronts and sales for
retail businesses; and, offer people who do not have access to bikes the opportunity to
use bikes for shorter trips. These attributes of bike shares would enhance Elgin's quality
of place making it a more desirable location for tourists to visit and people to work and
reside.
A bike share program typically offers various types of memberships or sharing options to
suit the needs of its riders and the community. Memberships are often utilized by
residents of a community who can purchase weekly, monthly or yearly memberships.
Tourists or residents looking for short term riding experiences can also utilize bikes on an
hourly or daily basis. These various types of memberships are important as they will suit
the diverse needs of all riders. 65
Typically, bike shares are known to be prominent in large scale cities such as Toronto,
Ottawa, Montreal, and Hamilton, for example. These large scale bike programs usually
require a City to procure specialized hardware to setup a bike share program. The
hardware is purchased from bike sharing businesses selling products like kiosks. It is
quite common for a not-for-profit organization to be contracted by the bike share
company to deliver and operate the program while maintaining a relationship with the
client or city involved. The not-for-profit organization like in the case of Hamilton and
Toronto for example, is responsible for all operational costs, management, and
maintenance. However, operations costs can become unpredictable, and if the customer
decides to work with a new technology or service provider later, there is no guarantee
that existing hardware will integrate affordably.
In recent years, smaller towns and universities in the United States have begun to
implement bike shares into their communities. This trend is taking hold in Ontario with
communities like Bobcaygeon and Peterborough (Fleming College) developing small
scale bike share programs. These bike share programs in small communities are at a
lesser scale than those of larger cities, but they serve the same role, to act as an
alternative mode of transportation and for tourists to explore a community. It must be
stressed though that bike sharing, especially in a smaller community, is not meant to
make a profit for a municipality, but provide a public service.
For smaller communities looking to start a bike share who do not want to invest in large
capital expenditures and long term commitment to a single hardware technology, as
described above, or provide a service that relies solely on in-house resources - staff,
capital equipment, and responsibility for other associated risks - there are alternatives on
the market. Namely, a platform that provides a turn -key bike share service like the one
implemented by Fleming College, mentioned above. Research by Economic
Development staff has identified that small scale bike share services are available
starting from $45,000 to $50,000 per year. This includes the bikes, docks and equipment,
operations, maintenance, rider support, marketing, insurance and liability coverage
related to bike sharing. Given these attributes, smaller municipalities/communities are
now considering these turn -key bike sharing services as a viable solution to
accommodate tourists seeking ways to explore a community and local residents using
bicycles as an alternative mode of transportation.
Economic Development staff is recommending that a turn -key bike share service be
implemented in Elgin County. This bike share program would include the features
mentioned above. In other words, the program would be a completely outsourced,
flexible service that does not require the County to perform maintenance, extensive
management, and customer support etc. The County would be responsible for some
logistical and promotional activities, and a general overview of the program. The County
would also expect the retained service to include accessible options. It should be
stressed that even though insurance would be included in any turn -key operation, the
bike share company would have to meet an acceptable standard/coverage deemed
appropriate by the County; and that the County would engage the services of the
County's insurer to conduct a risk assessment regarding the location of the bikes to
ensure that the location is safe, well maintained, well -lit and inspected.
Initially, the County's bike share program would be considered a two year pilot project.
With the concentration of tourist activity, residential development, and future harbour
development initiatives, staff is recommending that the Elgin County bike share service
be located near the new tourism kiosk in Port Stanley to be open in May of 2018. This
new Visitor Information Centre is expected to be a popular location for tourists and
residents alike. This is also the location where a water station and bike fix -it station will be
located as part of the County's commitment to cycle tourism
As mentioned earlier in the report, the County can expect to retain a bike share turn -key
service for approximately $50,000 per year. However, in order for the County to
proceed, the bike share would need to be a partnership with the Municipality of Central
Elgin. Economic Development staff has approached Central Elgin's administration
regarding a potential partnership. If the municipal partner agrees to enter into a two year
pilot program, this would reduce the costs to the County by 50% or $25,000. It should
also be noted that the Health Unit has indicated a commitment to contribute $10,000 for
the first year of the program's operation. Therefore, the cost to the County and Central
Elgin would be reduced to $20,000 each, for the first year of the program. This figure in
all likelihood will be lower as the bike share program can expect to receive
approximately 20 to 30 percent of costs back in revenue. The Southwest Ontario
Tourism Corporation (SWOTC) also has shown interest in being involved. To what
extent is presently unknown as their budget from the Province will not be confirmed until
April 2018. SWOTC has indicated that the Elgin bike share could be used as an
example for other communities in the region to start a similar program. Sponsorships
from private businesses will be sought; and having accessible bikes will also open up
funding opportunities.
Staff is recommending that funding for year one of the program, up to $20,000 be
allocated from the 2017 operating surplus. Staff will then report back to Council with a
review of the first year of operations which will give a better determination of the
appropriate budgeted amount for year two of the pilot program; keeping in mind that the
upper limit will be $25,000.
Moving forward, Economic Development staff will seek a partnership from Central Elgin
at their Council meeting on December 18, 2017, for a commitment to a two year pilot bike
share program. After which, a Memorandum of Understanding (MOU) will be drafted
detailing the respective responsibilities of both parties for the bike share program; and,
will be reviewed by the County Solicitor. A request for proposal (RFP) will be also be
issued containing all of the criteria, including expected insurance and liability coverage,
that must be contained within a bike share system - with the expectation of retaining of a
bike share service by early February 2018. The bike share service is expected to begin in
May 2018.
CONCLUSION:
Establishing a bike share program in Port Stanley enhances Elgin County's tourism
product that will enable tourists to explore the local community while providing an
alternative mode of transportation for residents. The success of this pilot may lead to
similar bike share programs in other communities in Elgin County thus creating an entire
network for tourists to enjoy and locals to participate. Being the first small scale
community bike share in Southwestern Ontario, would demonstrate yet again the
progressive nature of Elgin County; and set an example for other municipalities to follow.
67
RECOMMENDATIONS:
THAT a two-year bike share program be developed and implemented as described in the
November 27, 2017, report titled "Bike Share Program", conditional on the participation by
the Municipality of Central Elgin; and,
THAT upon confirmation of the Municipality of Central Elgin's partnership, up to $20,000
for the first year (2018) of the bike share pilot program be funded from the 2017 operating
budget surplus; and,
THAT staff report back to County Council with a review of the first year of operations to
determine the appropriate budgeted amount for year two (2019) of the pilot program.
All of which is Respectfully Submitted
Alan Smith
General Manager of Economic Development
Jessica DeBackere
Tourism Services Coordinator
Approved for Submission
Julie Gonyou
Chief Administrative Officer
m/1"',.
°ON%4
REPORT TO COUNTY COUNCIL
FROM: Steve Evans, Manager of Planning
DATE: November 21, 2017
SUBJECT: Approval for Official Plan Amendment No. 21
14 Snow Street, Vienna
Municipality of Bayham
File No.: BA-OPA21-17
Owner: Adrian Boeder
INTRODUCTION:
This report will provide County Council with information required in order to consider
granting approval to the above noted Official Plan Amendment.
The Municipality of Bayham submitted Official Plan Amendment No. 21 to the County of
Elgin on November 14, 2017 for approval. (see attachment)
In accordance with Section 17 of the Planning Act the "Approval Authority" is required to
make a decision in which it may approve, modify or refuse to approve an official plan
amendment. If the "Approval Authority" fails to make a decision within 180 days after the
amendment is received any person or public body may appeal to the Ontario Municipal
Board.
DISCUSSION:
The lands that are the subject of this application for Official Plan Amendment approval are
located at 14 Snow Street, Vienna, Municipality of Bayham. The purpose of the Official
Plan Amendment is to re -designate lands comprising 0.17 hectares (0.4 acres) from
"Institutional" to "Residential" to permit the former Edison Museum to be converted to a
residential dwelling.
The Elgin County Official Plan designates Vienna as a Tier 1 settlement area where full
municipal services are available. The County Official Plan policies direct growth to Tier 1
settlement areas and supports development within these areas.
The Municipality of Bayham held a public meeting to consider this Official Plan Amendment
on October 19, 2017. There were no members of the public present and no oral or written
submissions were received by the Municipal Council.
The Municipality of Bayham received a planning report from its consultant IBI Group dated
September 5, 2017 and a staff report dated November 2, 2017. Both reports support the
proposed Official Plan Amendment. As a result Bayham's Municipal Council adopted
Official Plan Amendment No. 21 by By -Law 2017-112 on November 2, 2017 and submitted
the Amendment to the County of Elgin for approval.
Based on the site-specific nature of this Official Plan Amendment and its location within a
fully serviced settlement area, it was determined that circulation of this amendment to
agencies and/or ministries was not required. The Amendment will permit the conversion of
the former Edison Museum to a private residential dwelling.
CONCLUSION:
The Council of the Municipality of Bayham supports this Amendment and adopted it by By-
law 2017-112 on November 2, 2017.
The Manager of Planning has reviewed File No.BA-OPA21-17, along with the background
material that was submitted by the Municipality of Bayham. Based on the information
provided by the Municipality the Manager of Planning is satisfied that this Official Plan
Amendment is consistent with the Provincial Policy Statement and conforms to both the
County of Elgin and Municipality of Bayham Official Plans.
RECOMMENDATIONS:
THAT the Council of the Corporation of the County of Elgin gives approval to Official Plan
Amendment No. 21 to the Municipality of Bayham Official Plan, File No. BA-OPA21-17;
and,
THAT staff be directed to provide notice of this decision in accordance with the Planning
Act.
All of which is Respectfully Submitted Approved for Submission
Steve Evans Julie Gonyou
Manager of Planning Chief Administrative Officer
70
AMENDMENT NUMBER 21
TO THE OFFICIAL PLAN
OF THE
MUNICIPALITY OF BAYHAM
SUBJECT: Municipality of Bayham
14 Snow Street, Vienna
The following text and map schedule
constitute Amendment Number 21 to the
Official Plan of the Municipality of
Bayham
71
OFFICIAL PLAN
OF THE
MUNICIPALITY OF BAYHAM
THE attached text and map schedule constituting Amendment No. 21 to the Official Plan of the
Municipality of Bayham was prepared upon the recommendation of the Council of the
Municipality of Bayham after evaluation of public input pursuant to the provisions of the
PLANNING ACT.
THIS Amendment was adopted by the Council of the Corporation of the Municipality of Bayham
by By-law No. 2017- 112, in accordance with Section 17 of the PLANNING ACT, on the 2nd day
of November 2017.
MAYOR
72
THE Council of the Corporation of the Municipality of Bayham, in accordance with the provisions
of the PLANNING ACT, hereby enacts as follows:
THAT Amendment No. 21 to the Official Plan of the Municipality of Bayham conisisting of
the attached map schedule is hereby adopt�ed,
2) THAT the Clerk is hereby authorized and directed to make application to the County of
Elgin for approval of the aforementioned Amendment No. 21 to the Official Pilan of the
Municipality of Bayham.
3), THAT no part of this By-law shall come into force and take effect until approved by Elgin
County,
ENACTED AND PASSED this 2 n" day of November 2017.
CLERK
MAYOR
CERTIFIED that the above is a true copy of By-law N�o, 2017-1112 as enacted and passed by the
Council of the Corporation of the Municipality of Bayham.
0111"
CLERK
G'w(X)on oU 'I'm of
73
OFFICIAL PLAN
OF THE MUNICIPALITY OF BAYHAM
AMENDMENT NO. 21
1. PURPOSE
The purpose of the official plan amendment is to change the land use designation for
1,738 m2 (0.4 acres) of land from "Institutional" to "Residential' in the Official Plan of the
Municipality of Bayham, which would facilitate a change in zoning on the same lands
from an Institutional (1) Zone to a Village Residential (R1) Zone in the Municipality of
Bayham Zoning By-law. The amendment is intended to accommodate a change in use
of a former museum to a residential dwelling in an existing building.
2. LOCATION
The area affected by this amendment is a rectangular parcel of land located on the east
side of Snow Street and the south side of Fulton Street in the Village of Vienna and
known municipally as 14 Snow Street.
3. BASIS OF THE AMENDMENT
The subject lands are characterized as an underutilized institutional use, formerly used
as a museum. Due to the closing of the museum and the lack of demand for institutional
uses in Vienna and surrounding areas the lands have been sold for residential use. The
proposed redesignation of the subject lands would meet the intent of Section 4.5.2.2 that
supports residential intensification in villages on underutilized lots in residential
designations with full services. Furthermore, the proposed meets the intent of Section
4.2.4.1 that encourages intensification and redevelopment in settlement areas on
underutilized sites in order to efficiently utilize designated settlement area land and
available municipal services. Based on the above sections the proposed changes are
consistent with the Official Plan.
The application is deemed to be in accordance with the Provincial Policy Statement
2014 (PPS) and the Official Plan of the County of Elgin. PPS Section 1.1.3 indicates that
settlement areas shall be the focus of growth and development, and that regeneration
shall be promoted. The proposed amendment is consistent with the PPS based on
promoting growth and intensification where infrastructure exists within a settlement area.
Elgin County Official Plan Section C1.1 encourages the enhancement of the character
and identity of existing residential areas and promotes the efficient use of existing
infrastructure. The proposed redesignation to residential would enhance the character of
the area, by ensuring the maintenance and continued use of the existing building. It
would also create intensification in an area with existing infrastructure in an existing built
up area.
74
4. DETAILS OF THE AMENDMENT
a) Schedule "C" Vienna: Land Use and Constraints of the Official Plan of the Municipality of
Bayham is hereby amended by changing from "Institutional' to "Residential' those lands
outlined and marked as changed to "Residential' on the attached Schedule "C", which
shall constitute part of this amendment.
b) The lands subject to this Amendment and designated "Residential' may be used,
developed and zoned in accordance with the "Residential' designation policies of
Section 4.2.2 and 4.5 of the Official Plan, as amended.
75
USEM
OFFICIAL PLAN
Of I)H 5
,01UNICIPALITY of SAYHAM
SCHEDULVC'
VIENNA.;
LAND USE
and CONSTRAINTS
I ag4 L se
RMOMM
wrsmaw
HOW Fgiv%*
u r e s
LAudi
0 120 240 480
mmmmmw7=7=--MMmMMMMMwmMwM "Ores
110000
Schedde 'C' tgma, pm of M&W Pu.
M thm FAuftl6piffly of DAyhh,. Ad -ud
'be ,"d i. M.—wiffipm Wrt,
m/1"',.
°ON%4
REPORT TO COUNTY COUNCIL
FROM: Steve Evans, Manager of Planning
DATE: November 24, 2017
SUBJECT: Approval for Official Plan Amendment No. 22
27 Erieus Street, Port Burwell
Municipality of Bayham
File No.: BA-OPA22-17
Owner: David and Patricia Mudge
INTRODUCTION:
This report will provide County Council with information required in order to consider
granting approval to the above -noted Official Plan Amendment.
The Municipality of Bayham submitted Official Plan Amendment No. 22 to the County of
Elgin on November 21, 2017 for approval. (see attachment)
In accordance with Section 17 of the Planning Act the "Approval Authority" is required to
make a decision in which it may approve, modify or refuse to approve an official plan
amendment. If the "Approval Authority" fails to make a decision within 180 days after the
amendment is received any person or public body may appeal to the Ontario Municipal
Board.
DISCUSSION:
The lands that are the subject of this application for Official Plan Amendment approval are
located at 127 Erieus Street, Port Burwell in the Municipality of Bayham. The purpose of
the Official Plan Amendment is to re -designate lands comprising 0.10 hectares (0.25 acres)
from "Commercial" to "Residential" to permit a residential dwelling to be erected on a vacant
parcel of land.
The Elgin County Official Plan designates Port Burwell as a Tier 1 settlement area where
full municipal services are available. The County Official Plan policies direct growth to Tier
1 settlement areas and supports development within these areas.
The Municipality of Bayham held a public meeting to consider this Official Plan Amendment
on November 2, 2017. There were no members of the public present and no oral or written
submissions were received by the Municipal Council.
The Municipality of Bayham received a planning report from its consultant IBI Group dated
September 26, 2017 and a staff report dated November 16, 2017. Both reports support the
proposed Official Plan Amendment. As a result Bayham's Municipal Council adopted
Official Plan Amendment No. 21 by By -Law 2017-114 on November 16, 2017 and submitted
the Amendment to the County of Elgin for approval.
77
Based on the site-specific nature of this Official Plan Amendment and its location within a
fully serviced settlement area, it was determined that circulation of this amendment to
agencies and/or ministries was not required. The Amendment will permit the construction of
a single detached residential dwelling on a vacant commercial parcel of land located at 27
Erieus Street.
CONCLUSION:
The Council of the Municipality of Bayham supports this Amendment and adopted it by By-
law 2017-114 on November 16, 2017.
The Manager of Planning has reviewed File No.BA-OPA22-17, along with the background
material that was submitted by the Municipality of Bayham. Based on the information
provided by the Municipality the Manager of Planning is satisfied that this Official Plan
Amendment is consistent with the Provincial Policy Statement and conforms to both the
County of Elgin and Municipality of Bayham Official Plans.
RECOMMENDATIONS:
THAT the Council of the Corporation of the County of Elgin gives approval to Official Plan
Amendment No. 22 to the Municipality of Bayham Official Plan, File No. BA-OPA22-17;
and,
THAT staff be directed to provide notice of this decision in accordance with the Planning
Act.
All of which is Respectfully Submitted Approved for Submission
Steve Evans Julie Gonyou
Manager of Planning Chief Administrative Officer
W
M43 W1,111 111, I'll M 11111,�;iii "I 1 4 11 k*da«
a
The following text and miap schedule
Official Plain of the Municipality of
Bayham
79
1"ME attached text and mapi schedule constituting Amendment No. 22 to the Official Plan of t
I
MUrliCipality of Bayham was prepared u�pon the recommendation of the Coiuncil of t
MUnicipality of Bayham after eva. nput pUrsuant to the pirovisions of t
PLANNING ACT. I
THIS Amendment was adopted by the Council of the Corporation of the Municipality of Biayham
by By-law No, 2017-1141 in accordance with Section 17 of the PLANNING ACT, on the 16t"I day
of Novemibe,r 2017.
\� �
. �' / \ < ^ �
N
TAE—Council of the Corporation of the MUnicipaifity of Bayharn, in accordance with the provisions
of the PLANNING ACT, hierebiy enacts as follows�
I THAT Amendment No, 22 to the Official Plan of the Municipality of Bayham consisting
the attached map scheduile is heireby ai,dopted, i
2) THAT the Cerk is hereby authorized and directed to make application to the COUnty of
Elgin for approval of the aforementioned Amendment No. 22 to, the OfficiW Plain of the
Municipality of Bayliam.
3) THATno part of this By-law shall come into force and take effect until' approved by Elgin
COUrIty,
ENACTED AND PASSED this 1611" day of November 2017,
'x/
MAYOR
-000
CLERK
CERTIFIED that the above is a true copy of By-law No. 2017-114 as enacted and passed by the
Coun6l of the Corporation of the Municipality of Bayharn.
4
0
"Y'CLERK
A
OF THE MUNICIPALITY OF BAYHAM
The area affected by this amendment is, a rectangular parcel of lead located on, the west
side of Erieus Street, !south of Waterloo Street in the Village of PortBurweH and knou wn
I'll Unicipally, as 27 ErieUS Street.
3. BASIS OF "rHE AMENDMENT
The sul�ject lands are characterized as, an underutilized coram erciall use. ule to the
lands be,ing vacant, s,ince a fire destroyed the original residence in the late '1 70's, there
is an opportUnity for development on the lands. No commercial business has, developed
the lands for a number of years, due to the lack of commercial demand in Port Burwell.
The proposed redesigna!tion of the subject lands would meet the intent of Section 4,522
that suppports residential: intensification in villages on underutilized lots in residential
designations with full services. Furthermore, the proposed meets the intent of Section
42 4A that encourages intensification and redevelopment in settlement areas on
UnderUtilized sits in order to efficiently utilize designated settlement area land and
available rnunicipal� services. Based on the above, sections the proposed change is
consistent with the Official Iain..
The application is deerned to be in accordance with the Provincial policy Statement
2014 (PPS) and the Official Plan of the County of Elgin. PPS Section 1. 1,3 indicates that
settlernent areas shall: be the focus of growth and development, and that regeneration
shall be promoted. PPS Section 1.1,3.2 indicates that land use patterns within
settlement areas shall include efficient use of land and resources. The proposed
amendment is consistent with the PPS based on promoting growth, intensification and
efficient use of land and resources where infrastructure exists within a settlement area,
Elgin County Official Plan Section C111 encourages the enhancement of the character
and identity of existing residential areas and promotes the efficient use of existing
infrastrUCh.1re. The proposed redesignation to residential would enhance the character of
the area, by adding to the existing bUilding stock. It would also create intensification in
LIM
an area wit�h existing infrastructure in an existing built up area.
4. DETAILS OF THE AMENDMENT
a) Schedule "U' Port Burwell: Land Use and Constraints of the Official Man of the
MUnicipality' of Bayharn is hereby amended by changing from "Commercial" to
"Residentj:W" those lands outlined' and marked as changed to "Residential"' on the
attached Schedule "Y, which shall constitute pa�rt of this arnendment.
b), The lands subject to this Amendment and designated "ResidenfiW" may be used,
developed and' zoned in o rd n ^with the "Residential" designation policies of
S,ection 4.2.2 and 4,5 of the Official Plan, as amend d.
LIM
m
1/N.
'Aguc: REPORT TO COUNTY COUNCIL
FROM: Katherine Thompson, Marketing and Communications Coordinator
DATE: December 14, 2017
SUBJECT: Schedule of Council Meetings for 2018
INTRODUCTION:
Every December a meeting schedule for Elgin County Council is prepared for the
following year.
DISCUSSION:
Traditionally, Council meets the second and fourth Tuesday of each month at 9:00 a.m.
in the Council Chambers at the Elgin County Administrative Building (450 Sunset Drive,
St. Thomas). Attached for Council's consideration are suggested meeting dates of
Elgin County Council for 2018. Please note that a suggestion has been made to move
the January 23, 2018 meeting to Thursday January 25, 2018 to accommodate
attendance at both the ROMA conference and the Council meeting. Council has the
ability to change meeting dates at any time with advance notice.
CONCLUSION:
An Elgin County Council meeting schedule is required for 2018.
RECOMMENDATION:
THAT the report titled "Schedule of Council Meetings for 2018" from the Marketing and
Communications Coordinator dated December 14, 2017 be adopted.
All of which is Respectfully Submitted
Katherine Thompson
Marketing and Communications Coordinator
99
Approved for Submission
Julie Gonyou
Chief Administrative Officer
SCHEDULE OF COUNTY COUNCIL MEETINGS FOR 2018
Meeting Date Time
January 9 9:00 a.m. Special Budget Meeting
January 25 9:00 a.m. Moved to Thursday because of ROMA
(January 21 - 23, 2018)
February 13 9:00 a.m. One meeting because of OGRA
(February 25 - 28, 2018)
March 13
March 27
April 10
April 24
May 8
May 22
June 12
June 26
July 10
July 24
August 14
August 28
September 11
September 25
October 16
'IRT
4'i111074WXl
December 11
December 13
9:00 a.m.
9:00 a.m.
9:00 a.m.
9:00 a.m.
9:00 a.m.
9:00 a.m.
9:00 a.m.
9:00 a.m.
9:00 a.m.
9:00 a.m.
9:00 a.m
9:00 a.m
9:00 a.m.
9:00 a.m.
9:00 a.m
Meetings may not be required in August.
(AMO Conference held August 19 — 22, 2018 in Ottawa)
One meeting because of Thanksgiving and the
Municipal Election
9:00 a.m. One meeting because of Municipal Election
7:00 p.m. Warden's Election
9:00 a.m. Regular Council Meeting
Council Meetings are normally held every 2nd and 4th Tuesday of the month and are
subject to change.
w, rmllllyij J
flgin
1 wrae'h 4dWer 1M',r REPORT TO COUNTY COUNCIL
bFCr
FROM: Julie Gonyou, Chief Administrative Officer
DATE: December 8, 2017
SUBJECT: Options for the Position of Deputy Warden
BACKGROUND:
During the November 28th discussion that explored the pros and cons of a one-year term
of Office of Warden County Council, directed me to write a report that provides options
for the expansion of the Deputy Warden.
While County Council agreed to maintain the current annual term of office of Warden,
there was also general agreement that the role of the Deputy Warden should be
expanded in an effort to alleviate some concerns related to:
■ Affording more time to develop relationships with other government and/or
business interests as well as offering time to champion any corporate vision
and sustain longer term initiatives; and,
■ Promoting stability.
The purpose of this report is to facilitate discussion and explore options related to the
position of Deputy Warden at the County of Elgin.
The Deputy Warden's job is to fulfill the Warden's responsibilities if they are absent or
unable to do so or if their office is vacant, as well as any other additional duties and
responsibilities prescribed by policy.
As it stands now, as part of a monthly rotation councillors take turns holding the position
of Deputy Warden.
The following information is included in Elgin County's Procedural By -laws -
19.1 A position of "Deputy Warden" shall be established on a rotating monthly
schedule amongst all Councillors, and the Warden may request said Deputy
Warden or any other member of the Council to represent him at social or other
functions where the Warden is unable to attend.
19.2 Councillors attending a function as "Deputy Warden" shall be paid mileage
at the same rate established for the use of personal vehicles for County business
and any other eligible "out of pocket" expense that may occur.
M
ANALYSIS:
After giving careful consideration to the goals of County Council, there are two primary
approaches beyond the status -quo that would meet Council's intent. The first approach to
achieving the consistency and stability desired is a retrospective approach. Alternatively,
Council could achieve the same goals with a simultaneous development approach.
Option 1: Retrospective Approach
A model that is utilized in some other counties in Ontario is the utilization of the Past
Warden as the Deputy Warden in the following year. This model provides the continuity
and leadership that Council is 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 and finally, the Deputy Warden could
also provide the bridge to key organizational relationships throughout the year.
No model is perfect from every perspective and this approach does cause some
challenges in the first year of a term as 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.
Option 2: Simultaneous Approach
An alternative method that might appeal to Council is the simultaneous development
approach. This approach would have both the Warden and the Deputy Warden elected at
the annual inaugural event. The elected Deputy Warden would serve a one-year term.
This simultaneous approach to maintain relationships and creating stability / consistency
is the model frequently used on corporate boards. Essentially, in the corporate structure,
the Vice -Chair is developed and groomed for the Chair role the following year and barring
unforeseen circumstances the Vice -Chair is routinely elected to the Chair position the
following year. Like the vice -chair on a corporate board, the position of Deputy Warden
could be elected and considered a training and preparatory model. Naturally, this would
not guarantee the Deputy Warden advancement to Warden position which is an elected
position but it would be a strong indication of the future intent of County Council.
Like other models, this model is not perfect either as it has a similar challenge in the first
year of a term whereby the elected Warden may not have served a year in advance as
the Deputy Warden due to Council turnover or a change in intent of the new Council.
Additional Considerations:
In the event that Council determines that they would like to move towards a new model,
there are some additional considerations including whether the role would be expanded
for the Deputy Warden and with this expanded role whether additional compensation
would follow.
To achieve the desired goals of County Council in an elected Deputy Warden model,
consideration would need to be given to the expansion of the Deputy Warden position
beyond the status -quo as the current role would not provide the Deputy Warden the
exposure to the relationships and strategies that would be critical to the development of
consistency across the Wardens' terms. Therefore, Council would need to give
consideration to whether the addition of the Deputy for strategic meetings is an option
they would like to pursue and whether this model has an effective impact on the Warden
position.
Currently, there is no additional compensation for the Deputy Warden position. However,
if the position became an elected position, with expanded roles to meet the goals of
County Council, it would seem reasonable that additional compensation would
accompany this increased role.
Legislative Requirements:
A by-law changing the position of Deputy 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 1St, 2018.
RECOMMENDATION:
THAT County Council give consideration to the various options for the Deputy Warden
position and provide direction to staff on the preferred course.
All of which is Respectfully Submitted
Julie Gonyou,
Chief Administrative Officer
Oil
Elgin
Bruce
Dufferin
Haldimand
Hastings
Huron
Lambton
Renfrew
Chatham
Simcoe
Wellington
Middlesex
Kent
Deputy
No
No
No
Yes
No
No
Yes
Yes
No,
Yes
No
Yes
Warden/Mayor
mayors
take turns
Compensation
n/a
n/a
n/a
$2,568
n/a
n/a
$1,000/
Per diem for
No
2/3 of Warden
n/a
Past
month
social events
Compensation
Warden
Duties
n/a
n/a
n/a
Authority
n/a
n/a
No
Ceremonial
Authority
Ex Officio on
n/a
of Mayor
specific
events only.
of Mayor
all committees,
in
duties:
Regular
in Mayor's
shares social
Mayor's
varies by
council salary
absence
obligations and
Absence
Warden
approx.
chairs special
$10,000. In
task forces
absence of
Warden,
Council
would select
someone;
most likely
the most
immediate
past Warden
on Council.
Selection
n/a
n/a
n/a
Council
n/a
n/a
Council
Council
n/a
Council
n/a
Past
Process
Appoints
Appoints
Appoints
Warden
Oil
n! afvfejj;�'
flgin REPORT TO COUNTY COUNCIL
1 w rae'h 4d Wer 1M',r bFCr
FROM: Julie Gonyou, Chief Administrative Officer
DATE: December 8, 2017
SUBJECT: Integrity Commissioner, Closed Meeting Investigator and Ombudsman
Position
BACKGROUND:
In October 2017, a Request for Proposal (RFP) was jointly issued by Elgin County and
Middlesex County seeking an Integrity Commissioner, Closed Meeting Investigator and
Ombudsman. The RFP produced four (4) comprehensive responses, all of which met the
minimum qualifications for the position. All four firms were selected for an interview and
on November 20th and 21St, 2017 a selection committee comprised of members from
Middlesex and Elgin County interviewed and scored the candidates.
As detailed in the RFP, proponents were scored using the following criteria:
Presentation - 25
Response to Questions - 10
Proposal - 15
ANALYSIS:
Each firm participated in an interview that was comprised of twelve (12) questions,
including additional probing questions. The questions were designed to ensure the
hiring committee had a full understanding of the approach, knowledge and experience
of each of the proponents. The questions were weighted equally and collated and
combined with a score for presentation and cost considerations.
During the course of the interviews, the selection committee also focused on finding the
proponent that is the right fit for our rural and small urban communities along while at
the same time providing the right balance of:
• judicial fairness
• common sense
• knowledge of municipal operations to serve the community
• ability to maintain trust in the process described in the legislation
The interviews and the resultant scoring for the position clearly indicated that
Independent Resolutions Inc. (Mark McDonald) had distinguished himself from the rest
of the field and he was identified by the selection committee as the preferred proponent.
In the event of a conflict, absence, or illness that prevents Independent Resolutions Inc.
from fulfilling the role on a particular file, an alternate will be utilized. The firm of Aird
Berlis, represented by John Mascarin, was identified and agreed to act as an alternate
provider on an as needed basis with no fee0slbeyond their quoted hourly rate.
RECOMMENDATIONS:
THAT the firm of Independent Resolutions Inc., represented by Mark McDonald be
approved by County Council as the Integrity Commissioner, Closed Meeting Investigator
and Ombudsman, effective January 1, 2018; and,
THAT a letter be sent to Aird Berlis notifying the firm of the selection decision request that
Aird Berlis act as the alternate Integrity Commissioner, Closed Meeting Investigator and
Ombudsman, effective January 1, 2018; and,
THAT the Chief Administrative Officer and Warden be authorized to execute the contract
with Independent Resolutions Inc. once reviewed by County Solicitor; and,
THAT the necessary By-laws be prepared; and,
THAT the Chief Administrative Officer be directed to formally notify lower -tier municipalities
of the County's agreement with Independent Resolutions Inc. and to invite them to also
utilize these services.
All of which is Respectfully Submitted
Julie Gonyou,
Chief Administrative Officer
M
"j1w 1u
REPORT TO COUNTY COUNCIL
FROM: Brian Masschaele, Director of Community and Cultural Services
DATE: November 23, 2017
SUBJECT: Elgin County Heritage Centre Hours of Operation and Admission
INTRODUCTION:
Construction of the Elgin County Heritage Centre is substantially complete and the first
exhibit is scheduled to launch to the public on Sunday, January 14th, 2018. A grand
opening event involving the Minister and/or representatives of the Department of
Canadian Heritage, local Members of Parliament and members of County Council will
take place in spring 2018, with further information to follow in the coming months. With
the launch of the first exhibit approaching, Council now needs to give consideration to
hours that the new facility will be open to the public as well as admission procedures.
This report recommends that open hours incorporate Saturdays and weekday evenings
year-round and that admission be free of charge with donations encouraged in keeping
with the current practice of the Elgin County Museum. Further review of these matters
will then take place after the first year of operation in the new centre.
DISCUSSION:
The Elgin County Museum is currently open to the public on the fourth floor of the Elgin
County Administration Building on a weekly basis from Monday to Friday from 10:00 am
to 4:00 pm. During summer months between Victoria Day weekend and Labour Day,
these hours are modified to Tuesday to Saturday from 10:00 am to 4:00 pm. Council
approved these hours in 2012 largely for health and safety reasons to eliminate time
when staff work alone in the Elgin County Administration Building. Saturday hours are
feasible during summer months due to the employment of a summer student who can
provide additional coverage outside of regular office hours. Otherwise, museum staff
currently work the same hours as other county employees in the building.
The location of the Elgin County Heritage Centre in an accessible and much more
visible facility warrant changing public hours of operation so that the facility is open
year-round to the public beyond standard office hours. Staff are recommending that
Saturday hours be established on a year-round basis, and that weekday evening hours
also be introduced. The following public hours are proposed for the Elgin County
Heritage Centre:
• Tuesday, Wednesday, Thursday: 11:00 am to 7:00 pm
• Friday and Saturday: 10:00 am to 4:00 pm
• Sunday and Monday: closed.
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The existing museum facility on the fourth floor will continue to be open during regular
office hours. Changes in the staffing complement for museum and archives approved
by Council in December 2016 provide the necessary flexibility to provide appropriate
staff coverage outside of regular office hours in the new building without further
increasing staffing levels and without compromising health and safety for staff. For
Council's information, the Elgin County Museum Advisory Committee has already lent
their endorsement to these proposed hours at a recent meeting.
In terms of admission procedures, the Elgin County Museum is currently open to the
public free of charge with donations encouraged, generating $2,000 to $3,000 annually
from these donations. Staff are recommending that the new facility also be open to the
public free of charge with donations encouraged. It is felt that this approach will
encourage visits to the new building to enjoy exhibits, visit the gift shop or receive
tourism information.
CONCLUSION:
The opening of the Elgin County Heritage Centre, a project jointly funded by the County
of Elgin and the Department of Canadian Heritage, marks a major step forward in
meeting the Elgin County Museum's mission "to promote Elgin County's rich historical
and agricultural heritage to all Canadians" by providing an accessible and visible space
to house exhibits and programs for residents of all ages. Staff are recommending that
evening and Saturday hours be introduced in the new facility on a year-round basis and
that admission be free of charge with donations encouraged. Council can be assured
that all operational considerations will be reviewed after the Centre's first year to
determine if modifications to these recommendations are necessary. This will include
an analysis of attendance patterns, how the facility is being used and revenue
considerations.
RECOMMENDATIONS:
THAT the Elgin County Heritage Centre be open to the public free of charge with
donations encouraged on Tuesdays, Wednesdays and Thursdays from 11:00 am to
7:00 pm and Fridays and Saturdays from 10:00 am to 4:00 pm subject to statutory
holiday considerations; and,
THAT a review of the recommendations in the report titled "Elgin County Heritage
Centre Hours of Operation and Admission" from the Director of Community and Cultural
Services dated November 23, 2017 be received by County Council before the end of
February 2019.
All of which is Respectfully Submitted
Brian Masschaele
Director of Community and Cultural Services
Approved for Submission
Julie Gonyou
Chief Administrative Officer
',JREPORT TO COUNTY COUNCIL
FROM: Brian Masschaele, Director of Community and Cultural Services
DATE: November 24, 2017
SUBJECT: Completion of County Website Upgrades
INTRODUCTION:
At the April 11th, 2017 meeting, County Council approved a project to overhaul the
County website on a three-year cycle to the end of 2019 using an "in-house" approach
by hiring a webmaster on contract, hosting the site on County servers and utilizing
commercially -available content management software. This report informs Council that
the key elements of this project are now completed and the new version of the website
is now live.
DISCUSSION:
Staff are pleased to report that a new version of the County's website at
www.el incounty.ca is now live. The revised site incorporates the following features:
• It has been designed using widely -available content management software
(based on a WordPress platform) that can now be easily maintained by existing
staff at an annual subscription rate of $500 or less per year.
• It is now hosted on County servers, meaning the services of an external host are
no longer required.
• It integrates multiple accessibility features such as text contrast and text reading
ability for those with visual challenges.
• The most popular links from the previous website are now prominently displayed
on the homepage, including those pertaining to County Council, ticket payments,
library services, museum, archives and planning. At the same time, all County
departments are represented under a central link called "services".
• The County's social media feeds, such as Twitter, Facebook and Pinterest, are
now integrated through a feed on the homepage to provide fresh content. News
and advisory information is also much more prominent.
• Optimization features are incorporated for viewing on any device, including smart
phones, tablets and desktop computers.
• A contact form is integrated into the homepage to receive any questions that the
public might have. The Marketing & Communications Coordinatorwill receive
these questions and will promptly respond, either directly or by engaging the
appropriate staff contact.
$43,510 was approved in the 2017 budget to support the initial re -design work and any
upgrades required until the end of 2019. To date, approximately $22,000 has been
expended on this project, with most of that cost devoted to wages for a contract web
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developer. Staff are confident that the site can now be maintained to a high standard
and enhanced as needed to the end of 2019 without any additional investment during
this lifecycle, and with the likelihood of savings compared to the previous approach of
going to a request for proposal for design and hosting services.
CONCLUSION:
Perhaps the best feature of the re -designed website is the fact that County staff are now
directly in control of the content and can easily update it using readily -available
commercial tools without requiring the services of a third -party provider. In this regard,
the County's Marketing & Communications Coordinator and Library Coordinator will
each play key roles and have the tools needed to perform the necessary work going
forward. These two positions have been critical to the project's success to date, as has
the support of the County's Information Technology Department which has facilitated
provision of the software and the server infrastructure to directly host the site without
additional cost.
RECOMMENDATION:
THAT the report titled "Completion of County Website Upgrades" from the Director of
Community and Cultural Services dated November 24, 2017 be received and filed.
All of which is Respectfully Submitted
Brian Masschaele
Director of Community and Cultural Services
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Approved for Submission
Julie Gonyou
Chief Administrative Officer
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flgin
1 wrae'h 4dWer 1M',r REPORT TO COUNTY COUNCIL
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FROM: Peter Dutchak, Acting Director of Engineering Services
DATE: November 23, 2017
SUBJECT: Sunset Road —No Parking By -Law Amendment
INTRODUCTION:
The County of Elgin has received concerns from a community group regarding vehicles
parking upon the designated cycling lanes on Sunset Road. This report seeks Council's
approval to amend the No Parking By -Law in order to restrict parking in this area.
DISCUSSION/CONCLUSION:
The County has received correspondence (attached) from the Citizens for Active
Transportation community group citing concerns about vehicles parked upon the
designated cycling lanes on Sunset Road and creating a potential safety risk for road
users. Staff has witnessed parking upon the designated cycling lanes with the greatest
occurrences being south of Southdale Line.
Sunset Road is an arterial County Road with daily traffic volumes that can exceed 15,000
at times. No parking restrictions currently exist along Sunset Road for a 1 km section
north of John Wise Line and also a 90m section south of the Port Stanley Terminal Rail.
Now that cycling lanes are designated along Sunset Road, parking should be formally
restricted so that the messaging is clear and parking can be enforced. Staff recommends
that the no parking restrictions extend from John Wise Line, north to the City of St.
Thomas limits in order to address the potential safety concerns identified and to reserve
these lanes for their intended use.
Staff from the Municipality of Central Elgin have been consulted and have no concerns
with the establishment of no parking in this area.
RECOMMENDATIONS:
THAT the existing No Parking By -Law be amended to include the section of Sunset Road
(County Road #4), between John Wise Line and Glenwood Avenue; and,
THAT the Ontario Provincial Police be notified of this revised no parking zone.
All of which is Respectfully Submitted Approved for Submission
Peter Dutchak Julie Gonyou
Acting Director of Engineering Services Chief Administrative Officer
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From: Susan Dodds [doddsfive@rogers.com]
Sent: Monday, October 30, 2017 10:03 AM
To: Marilyn Payler
Subject: C4AT request for clearing bike lane
To Elgin County Council,
On behalf of C4AT I would like to request your assistance in maintaining a safe bike
route between St. Thomas and Port Stanley along Sunset Dr.
There are a number of houses along this route that use the bike lane for extra
parking, lawn maintenance companies who park their trucks and trailers on it while
doing a clients lawn, or businesses that park their wares, or equipment on the
pavement.
C4AT promotes AT for all ages and we are trying to establish that route as suitable for
family biking. However, it's not safe cycling to have to veer out into Sunset Dr to avoid
obstacles parked on the trail.
Is it possible to do an information campaign that targets landowners along that trail, and
follow that up with increased police or bylaw officer enforcement?
We are all working together to increase Active Transportation in Elgin and aim for zero
fatalities. Thank you for your support!
Sue Dodds
Chair of C4AT
519 851 7430
Sent from my iPhone
w, rmllllyij J
flgin
1 wrae'h 4dWer 1M',r REPORT TO COUNTY COUNCIL
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FROM: Peter Dutchak, Acting Director of Engineering Services
DATE: December 7, 2017
SUBJECT: County Road Maintenance Agreement
INTRODUCTION:
The current County Road Maintenance Agreement will expire December 31 St, 2017 and
a redrafted agreement has been prepared with participation of local representatives.
This report seeks Council approval to circulate the agreement to Elgin's municipal
partners for execution.
DISCUSSION:
Local municipalities have been maintaining the County Road system under formal
agreement for the past 20 years. The current agreement expires on December 31St
2017 and must be redrafted.
Over the past year, staff has met with the local Road Supervisors to review the "Scope of
Services" (Schedule `C') in the existing agreement with the goal of making improvements
where necessary. As a result of those discussions, the following enhancements have
been made to the agreement:
• Designated cycling facilities are identified and will receive specific maintenance
activities annually (line painting and sweeping). Municipalities who maintain
these assets will invoice the County for these additional services.
• Vegetation control has been expanded to include full width road property
vegetation removal once every 3 years. A list of vegetation control benefits has
been included for municipalities to refer to. Municipalities will define and invoice
the County for up to one-third of the total County Roads maintained that have
received full width vegetation control annually.
• Revised schedules now include transferred roads and changes that have
resulted from boundary road maintenance agreements.
• Other wording changes for clarification and to formalize existing practices.
Maintenance payment formulas will remain unchanged and will continue to be increased
by the Ontario October CPI annually. The additional costs to the County to maintain
cycling lanes and provide full right-of-way vegetation control are estimated to cost
approximately $75,000 annually and will be allocated from the established "Major
Maintenance Operating Project" that allocates $200,000 annually towards projects that
fall between maintenance responsibilities and capital improvements. Therefore, no
additional funds are expected to be allocated towards County Road maintenance
operations at this time, however, as cycling facilities are expanded in the future, costs
will increase.
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Staff has also met with a small committee comprised of local CAO's and Road Supervisors
to review the formal agreement wording as requested by some municipalities. As a result,
changes have been now incorporated to clarify and detail responsibilities of all parties. As
a result of those discussions, the following changes have been made:
• The agreement term has included a provision of a 5 -year renewal.
• Clarified obligations upon both parties to meet established standards when
executing work upon these assets.
• Defined obligations to both parties during and after 3rd party works are
performed.
• Provided a mechanism for municipalities to review documents between the
County and 3rd party contractors.
• Defined record retention timeframes.
• Provided an indemnification clause for municipalities.
CONCLUSION:
The County Road Maintenance Agreement has been redrafted with input from local
municipalities and approved by the County Solicitor. A copy of the generic agreement is
attached for Council's review and approval. Individual agreements will be circulated to
local municipalities for their approval and execution upon Council's endorsement.
RECOMMENDATIONS:
THAT the redrafted County Road Maintenance Agreement be approved; and;
THAT the agreements be circulated to each municipality for their approval and execution.
All of which is Respectfully Submitted Approved for Submission
Peter Dutchak Julie Gonyou
Acting Director of Engineering Services Chief Administrative Officer
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THIS AGREEMENT made in quadruplicate this day of )2017.
BETWEEN:
CORPORATION OF THE COUNTY OF ELGIN
(hereinafter called the "County")
OF THE FIRST PART
-and -
THE CORPORATION OF THE MUNICIPALITY OF
(hereinafter called the "Municipality")
OF THE SECOND PART
WHEREAS:
a) The County has, by by-law, established certain roads or public highways
located within its boundaries and, further thereto, incorporated such roads,
highways, and related bridge facilities into its arterial road system;
b) The Municipal Act (Ontario) permits a municipality to enter into
agreements for the joint management and operation of, among other
things, a road system;
C) By Order made by Allan Leach, Minister of Municipal Affairs and Housing
on May 15, 1997 and effective January 1, 1998, the responsibility for
among other things, maintenance of the County road system was
transferred from the County to lower -tier municipalities;
d) The County and the Municipality as identified above have reached
agreement as to the terms by which the Municipality shall undertake such
maintenance responsibilities in respect of roads, highways, and related
bridge facilities incorporated in the County arterial road system and which
are located within the boundaries of the Municipality;
NOW THEREFORE this Agreement witnesseth that, in consideration of the mutual
covenants herein contained and upon the terms and conditions expressed herein, the
parties hereto agree with each other and their respective administrators, successors,
and assigns as follows:
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1.0 Agreement
1.1 The following schedules are attached to and shall form part of this
Agreement:
(i) Schedule "A" referred to as a detailed description of roads and
bridge/culvert facilities for which maintenance/repair services are
required;
(ii) Schedule "B" referred to as a sketch identifying location of relevant
County roads and bridge/culvert facilities;
(iii) Schedule "C", referred to as Scope of Services for Elgin Road System,
including Minimum Maintenance Standards enacted by the Province of
Ontario and attached as Appendix 1 within this Schedule "C";
(iv) Schedule "D" referred to as payment schedule;
(v) Schedule "E" referred to as Quarterly Inspection Report;
(vi) Schedule "F" referred to as Monthly County Road Work Report;
(vii) Schedule "G" referred to as Standard Road Maintenance Invoice.
For purposes of clarity and with respect to Schedule "C" (including the
appendix thereto) above, it is agreed and acknowledged that the obligations,
duties, requirements, and standards thereunder must be read and interpreted
in conjunction with the text of this Agreement and in particular s. 4.10 thereof.
1.2 Amendments to this Agreement shall be in writing, executed by both parties,
in the form of an Amending Agreement.
2.0 Definitions
2.1 For purposes of this Agreement,
2.1.1 "Road", "County Road", or "Road Allowance" shall have identical
meaning and shall include that area of land comprising and recognized as a
road allowance at law, including but not limited to the travelled and
untraveled portions of any road, highway, street or public right-of-way.
2.1.2 "County Superintendent" shall mean the Director of Engineering
Services for the Corporation of the County of Elgin or his or her designate or
designates.
2.1.3 "Municipal Superintendent" shall mean the Manager of Public Works for
the Municipality of ******* or his or her designate or designates.
3.0 Term
3.1 The parties agree that this Agreement shall come into effect on the 1St day of
January, 2018, which date shall hereinafter be referred to as the
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"commencement date".
3.2 This Agreement shall commence on the commencement date and shall
continue until the 31St day of December, 2022; provided that the Parties, by
written Agreement executed prior to December 31, 2022, may extend the
Term hereof for a further five (5) year period, commencing on the 1St day of
January, 2023, and ending on the 31St day of December, 2027.
4.0 Maintenance/Repair Services
4.1 The Municipality hereby agrees to maintain and keep in repair those Road
Allowances and bridge/culvert facilities, as identified on Schedule "A" and "B"
hereto.
4.2 For purposes of clarity, attached as Schedule "B" to this Agreement is a
sketch generally identifying the Roads and bridge/culvert facilities which are
the subject of this Agreement and the maintenance and repair obligations set
forth in clause 4.1 above.
4.3 For purposes of clarity,
4.3.1 where a County Road intersects a road owned by or otherwise under
the jurisdiction of the Municipality, the continuation of the County Road
to its full width across the road so intersected is considered part of the
County Road.
4.3.2 where a County Road intersects a Provincial Highway owned or
otherwise under the jurisdiction of the Province of Ontario and/or the
Ministry of Transportation - Ontario, the continuation of the said
Provincial Highway to its full width across the County Road so
intersected is deemed to be part of the Provincial Highway and not
part of the County Road and, as such, is not subject to the obligations
set forth in this Agreement.
4.4 Subject to paragraph 4.9 below, the Municipality covenants to perform
maintenance/repair services upon those Road Allowances and bridge/culvert
facilities identified in Schedules "A" and "B" hereto, at all times utilizing
competent supervisors and workers properly trained in the delivery of road
maintenance and repair services as contemplated by this Agreement. The
maintenance/repair services to be provided by the Municipality are as
identified and/or contemplated by the Scope of Services for the Elgin Road
System as attached as Schedule "C" hereto.
4.5 Road maintenance/repair services in addition to the Scope of Services
identified in Schedule "C" may be performed by the Municipality by mutual
agreement between the Municipal Superintendent and the County
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Superintendent. In the event that additional services are required by the
County, the County Superintendent shall identify such services to the
Municipal Superintendent and the Municipality, though the Municipal
Superintendent and the Municipality, through the Municipal Superintendent,
shall have the option of either seeking to perform such work or declining to
perform such work. If the Municipality chooses to seek to perform such
services, the Municipal Superintendent shall prepare and deliver a written
cost estimate to the County Superintendent, who shall have the option of
either accepting the said cost estimate or rejecting such estimate, in which
former case, the accepted estimate shall constitute the mutual agreement for
such additional services between the parties as referred to above. In the
event that the Municipality, in the first instance, rejects the opportunity to
seek to perform such additional services or the County, in the second
instance, rejects the written estimate prepared and delivered by the Municipal
Superintendent, then in either such instances, the County shall be at liberty
to arrange for the additional services to be performed by a third party
contractor other than the Municipality.
In those circumstances in which additional maintenance/repair services are
completed by a third party contractor, the County shall take all reasonable
steps to ensure that such Works are at all times rendered by workers
properly trained in the delivery of road maintenance and repair services as
contemplated by this Agreement and otherwise overseen by competent
supervisors and, furthermore and at all times, that such Works shall satisfy
any and all applicable provincial and/or municipal standards, whichever is
higher.
In those circumstances in which such additional maintenance/repair services
are completed by the Municipality and the Municipal Superintendent is of the
opinion that certain road maintenance/repairs are of an emergency nature
and that such notice to the County Superintendent is not practical and, as
such, the Municipal Superintendent shall have the right to arrange for and
complete those emergency services and shall thereafter notify the County
Superintendent within the next working day of the services so provided.
The Municipality shall prepare and deliver an invoice to the County for such
additional maintenance/repair services, including any such emergency
services, in accordance with paragraph 5.2 below and the County shall pay
such invoice in accordance with paragraph 5.3 below.
4.6 The parties acknowledge that the Scope of Services set forth in Schedule "C"
were approved by County Council but may be amended during the term of
this Agreement by the said County Council. The parties also acknowledge
that the Minister of Transportation - Ontario may by Regulation establish
minimum standards for maintenance and repair of County Roads. Any
proposed revisions to the Scope of Services shall be reviewed by the County
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Superintendent and the Municipal Superintendent prior to the anticipated
passage of same by County Council. In this regard and in respect of a
change in minimum standards by the Minister of Transportation - Ontario, the
County Superintendent and Municipal Superintendent shall review such
proposed standards in relation to the Scope of Services to determine whether
the said standards as proposed by the Province of Ontario are greater than
or less than the requirements of the Scope of Services approved by Council.
In this regard and in the event that the Province of Ontario adopts a
regulation which contains minimum performance standards that are higher
than the Scope of Services adopted by Council, then the parties shall adopt
those higher performance standards and present to County Council and
Municipal Council any amendments required to this Agreement.
4.7 The County Superintendent and the Municipal Superintendent shall each
advise the other of repair and construction works that are scheduled along
both County Roads and intersecting Municipal Roads on an annual basis to
permit the Municipality the opportunity to arrange its work schedule in
anticipation of those works upon any County Road. The County
Superintendent shall also provide to the Municipality, for information
purposes only and immediately upon granting of such permits or approvals,
copies of any written permits or approvals which are granted to third parties
by the County Superintendent in respect of work upon or use of any County
Road Allowance.
4.8 Without limiting the maintenance obligation of the Municipality as set forth
above or herein, the parties acknowledge and agree that the Municipality
shall not be called upon to maintain and/or repair a County road,
bridge/culvert facility or highway bridge/overpass pursuant to this Agreement
where such County road, bridge/culvert facility or highway bridge/overpass
has been constructed and/or reconstructed by the County or a subcontractor
retained by the County to a condition which would fail to meet established
County standards for such County road, bridge/culvert facility or highway
bridge/overpass or contract requirements for such construction and/or
reconstruction.
4.9 Further to those maintenance obligations referred to above, the Municipality
also agrees to provide routine winter maintenance, including but not
necessarily limited to snow removal and sanding, of highway bridges and
overpasses not owned by the County but connecting at least to portions of
County roads. The parties acknowledge that such highway bridges and
overpasses are identified in Schedules "A" and "B" to this Agreement and
that such facility shall be maintained in accordance with the Scope of
Services for Elgin Road System attached as Schedule "C" to this Agreement.
4.10 Notwithstanding that set forth in paragraph 4.4 above, the parties further
agree that in the event of a dispute as to the interpretation of the Scope of
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Services prescribed by the County for the Elgin Road System, the decision of
the County Superintendent shall prevail.
4.11 The County and the Municipality, as the case may be and in respect of the
various obligations, acknowledgements, and agreements set forth in this
section 4 above, further acknowledge and agree as follows:
4.11.1 The Municipality hereby specifically acknowledges and agrees that
the maintenance and/or repair works undertaken upon County roads,
bridge/culvert facilities and/or highway bridge/overpass pursuant to
this Agreement shall at all times satisfy the obligations to maintain
and/or repair County roads and facilities as established pursuant to
the Municipal Act, 2001 (Ontario). The Municipality hereby further
acknowledges and agrees that its road maintenance/repair practices
are of a nature and of a quality to satisfy all statutory obligations to
maintain or repair a highway.
4.11.2. The County hereby specifically acknowledges and agrees that, in
arranging for completion of works upon any County road,
bridge/culvert facility, and/or highway bridge/overpass, including the
construction or reconstruction thereof, by a third -party contractor,
(a) it shall use its best efforts to ensure that such works, by design
and upon completion and acceptance, shall satisfy all applicable
provincial and/or municipal standards for such construction
and/or reconstruction;
(b) it shall utilize appropriate contract documents to satisfy the
commitment set forth in subsection (a) above;
(c) in circumstances in which deficiencies in the said works are
discovered, it shall use its best efforts to seek correction of such
deficiencies by the involved contractor, including through reliance
upon any warranty provided by such contractor; provided that the
County shall at all times have the discretion to choose not to
seek correction of such deficiencies by such contractor or in
reliance upon such warranty but to seek correction by any other
contractor or through any other arrangement:
(d) during any period of time to which a specific warranty from a
third -party contractor who completed Works upon any County
road, bridge/culvert facility, and/or highway bridge/overpass shall
apply, the County shall not require the Municipality to perform
maintenance/repair services as contemplated by this Agreement
to improve the condition of such Works to meet any applicable
provincial and/or municipal standard prior to such Works being
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accepted by the County; provided that it is otherwise understood
that the Municipality may be required to perform
maintenance/repair services in relation to such Works as
contemplated by this Agreement in circumstances in which the
applicable standard had been previously achieved as of the date
of acceptance of the Works by the County but that, by use or
otherwise, such maintenance/repair services are then required to
again achieve such standard;
(e) upon reasonable demand by the Municipality, the County shall
produce to the Municipality any records relating to inspection,
deficiency correction, and/or acceptance of such works by or as
between the County and any involved third -party contractor.
5.0 Payment to the Municipality
5.1 For maintenance/repair services as contemplated by the Scope of Services
attached as Schedule "C" hereto, the Municipality shall receive the annual
base payment of $ for services rendered during each
calendar year of the Term of this Agreement, provided that the said annual
base payment shall be adjusted on an annual basis, effective January 1 of
each calendar year of the term of this Agreement, commencing January 1,
2019, in accordance with the Consumer Price Index (CPI) for Ontario (All
Goods) for the month of October of each year, commencing October, 2018.
The Municipality shall submit a summary invoice in accordance with
Schedule "G" attached hereto to the County on or before the 10th day of each
month, commencing February 10, 2018, and continuing through and
including January 10, 2028 and in accordance with the corresponding
monthly percentage of annual base payment as set out in Schedule "D"
attached, for such services rendered within the previous calendar month,
such invoices to be accompanied by the following reports:
i) with each such invoice, Monthly County Road Report, detailing
maintenance/repair services both rendered during the previous calendar
month and anticipated to be rendered in the following, then current
calendar month and as issued in accordance with the format set forth in
Schedule "F" hereto;
ii) when winter materials have been utilized by the Municipality in providing
maintenance/repair services on County Roads during the previous
calendar month, Monthly Winter Materials Report, detailing the volume
and amount of winter materials so utilized by the Municipality in the
maintenance/repair of County Roads during such previous calendar
month; and
iii) by February 15th of each calendar year, commencing February 15, 2018,
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and continuing to and including February 15, 2028, year end financial
statements detailing total repair/maintenance costs in respect of County
Roads, for the previous calendar year, including line items in respect of
winter control, material costs, and patrol costs.
5.2 For additional maintenance/repair services, including emergency services
and within 60 days of completion of such services, the Municipality shall
submit to the County an invoice detailing the nature and extent of such
service, including a breakdown as between labour, materials, and taxes and
a calculation of such charges, including as agreed upon as between the
County Superintendent and the Municipal Superintendent; provided that the
said invoice shall include equipment charges based upon any estimate as
previously accepted by the County Superintendent and provided further that
such invoice shall be prepared and delivered in accordance with the format
reflected on the standard invoice attached as Schedule "G" hereto.
5.3 The County shall forthwith pay the monthly invoice submitted by the
Municipality in compliance with the requirements set forth in paragraph 5.1
and 5.2 above, provided that the County shall not be required to pay any
such invoice submitted by the Municipality which is not in compliance with
those requirements and/or in respect of any invoice item which is disputed by
the County. In addition and for purposes of clarity, in the event that the
Municipality has failed to deliver summary reports as contemplated by either
paragraph 5.1 above or otherwise failed to comply with its obligations
pursuant to paragraphs 5.2 above or 8 or 9 below, the County may withhold
ten per cent (10%) of the value of any then current invoice and all
subsequent invoices as rendered to it by the Municipality until the
Municipality has corrected such deficiency and brought itself into compliance
with its obligations pursuant to this section and this Agreement.
5.4 For purposes of clarity, the parties hereto acknowledge that payments made
and invoices rendered hereunder do not affect assessments applicable to or
charged in respect of Municipal drains established pursuant to the Drainage
Act (Ontario).
6.0 Insurance
6.1 The Municipality shall, during the term of this entire Agreement, obtain and
maintain for the benefit of the County, a comprehensive general liability
insurance policy in the amount of not less than ten million ($10,000,000.00)
dollars per incident, such policy providing insurance coverage for and
including bodily injury, death, or property damage as sustained in connection
with the performance of services and/or obligations that are undertaken
pursuant to this Agreement; for purposes of clarity, the afore -noted policy
shall name the County as an additional insured.
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6.2 The Municipality shall furnish to the County with copies of the Certificate of
Insurance issued in respect of such policy and the Municipality shall maintain
such policy in full force and effect during the entire term of this Agreement.
6.3 Effective the date of this Agreement, the Municipality shall require that
contractors and third parties which perform maintenance and/or repair works
upon any County road, bridge/culvert, highway or overpass or traffic control
signal or beacon in accordance with this Agreement shall maintain a
comprehensive general liability insurance policy in the amount not less than
five million ($5,000,000.00) dollars per incident, such policy to provide
insurance coverage for and including bodily injury, death, or property damage
as sustained in connection with the performance of maintenance/repair
services undertaken pursuant to this Agreement. The County and the
Municipality shall each be named as additional insureds under the terms of
this insurance policy.
7.0 Traffic/Beacon Signals
7.1 The Municipality shall monitor traffic control/beacon signals or devices in
accordance with the Scope of Services attached as Schedule "C" hereto.
7.2 In the event that the Municipality shall observe any deficiency in the
installation, erection, or operation of any traffic control/beacon signals, it shall
immediately notify both the County Superintendent or his or her designate
and the Electrical Contractor for the County as to the details of such
deficiency; provided that the County shall at all times inform the Municipality
of the identity of the current Electrical Contractor.
8.0 Inspection
8.1 Without limiting the right of the County to do so at any time but at least once
during each three month period of the term of this Agreement, the County, by
its duly authorized employees or representatives and as accompanied by the
Municipal Superintendent, shall inspect the condition of the roads,
bridges/culverts, highway bridges/overpasses, and traffic signals and
beacons which are the subject of this Agreement and in relation to the Scope
of Services for Elgin Road System attached as Schedule "C" to this
Agreement. The County representative shall thereafter record the results of
the said inspection on an Inspection Report in the format contained in
Schedule "E" hereto, a copy of which shall then be delivered to the Municipal
Superintendent along with written direction from the County Superintendent
directing the repairs and/or maintenance works to be completed.
8.2 Unless postponed upon the written approval of the County, the Municipality
shall forthwith undertake and complete all required repairs and/or
maintenance works for which it receives direction pursuant to paragraph 8.1
109
above and shall provide to the County Superintendent a written report of
completion of those works within sixty (60) days of receipt of the said
direction.
8.3 The Municipality acknowledges and agrees that the performance of
inspections by and the communication of direction for required repair and/or
maintenance from the County pursuant to paragraph 8.1 above does not
relieve the Municipality of its obligations to otherwise perform repairs and/or
maintenance works to County roads, bridges/culverts, highway
bridges/overpasses, and traffic control/beacon devices as set forth in this
Agreement.
9.0 Records
9.1 The Municipality shall maintain accurate records of works performed
pursuant to this Agreement, including but not limited to works performed
pursuant to any direction received pursuant to paragraph 8.1 above, and
utilizing the format contained in Schedule "F" hereto, provided that, with the
approval of the County Superintendent, the Municipality may utilize a
different format developed by and meeting the purposes of the Municipality
and the County and providing at least the same information and detail
reflected in the format contained in Schedule "F" hereto.
9.2 The Municipality shall maintain records of its activities undertaken pursuant
to this Agreement in accordance with the timeframes established in its
municipal records retention by-law, approved in accordance with the
Municipal Act, 2001 (Ontario), and, further thereto, shall allow access to such
records to the County Superintendent or his or her delegate, limited only by
the provisions of the Municipal Freedom of Information and Protection of
Privacy Act (Ontario).
9.3 The County shall maintain records of its activities undertaken pursuant to this
Agreement in accordance with the timeframes established in its municipal
records retention by-law, approved in accordance with the Municipal Act,
2001 (Ontario), and, further thereto, shall allow access to such records to the
Municipal Superintendent or his or her delegate, limited only by the
provisions of the Municipal Freedom of Information and Protection of Privacy
Act (Ontario).
10.0 Indemnity
10.1 The Municipality hereby indemnifies and saves harmless the County, its
employees, agents, and councillors, from any and all claims, demands,
losses, costs, damages, actions, lawsuits or other proceedings by
whomsoever made, sustained, or prosecuted which may arise either directly
or indirectly by any act, neglect or refusal of the Municipality, its servants,
110
employees, agents, invitees or contractors to maintain and/or repair any
County Road in accordance with the terms of this Agreement.
10.2 The County hereby indemnifies and saves harmless the Municipality, its
employees, agents, and councillors, from any and all claims, demands,
losses, costs, damages, actions, lawsuits or other proceedings by
whomsoever made, sustained, or prosecuted which may arise either directly
or indirectly by any act, neglect, failure or refusal to perform or otherwise
satisfy any obligation or covenant provided for in this Agreement.
10.3 In the event that the Scope of Services for the Elgin Road System as
contemplated by this Agreement are found by a Court of competent
jurisdiction to have been completed without fault or negligence by the
Municipality, or, in the alternative, the County has acknowledged that such
services have been completed without fault or negligence by the Municipality,
in both cases including its employees or agents, then the County hereby
agrees to indemnify and save harmless the Municipality, its employees,
agents, and councillors, from any and all claims, demands, losses, or other
proceedings that may be advanced against the County or the Municipality
arising from the works performed by the Municipality upon the relevant
County Roads.
10.4 In the event of a claim to damages as against either and/or both the County
and the Municipality in respect of an alleged failure to repair and/or maintain
a County Road, the parties shall cooperate in the administration of and/or
response to such claim to damages, including but not limited to provision of
photocopies of correspondence and/or communication with its respective
insurer, subject at all times to any conflict of interest as identified by either
party hereto or its insurer.
10.5 Notwithstanding the contents of Section 10.3 above, in the event that a
proceeding against the Municipality in respect of conduct relating to the
performance of maintenance/repair services undertaken pursuant to this
Agreement is dismissed at Trial, then the County of Elgin shall reimburse the
Municipality for one half of its insurance deductible to a maximum amount
equal to one half of the deductible payable by the County under its general
liability insurance policy in effect at the date of the loss/incident upon which
such proceeding was based.
10.6 All indemnities that arise from this Agreement extend beyond the term of this
Agreement.
11.0 Assignment and Sub -Contractors
11.1 The Municipality agrees that the County Superintendent reserves the right to
approve sub -contractors the Municipality retains to undertake the Scope of
111
Services contemplated by this Agreement.
11.2 In the event the Municipality assigns or sub -contracts its responsibilities
under this Agreement or otherwise employs sub -contractors, the Municipality
shall be responsible for all payment requirements or other obligations of an
owner pursuant to the Construction Lien Act (Ontario). Without limiting the
foregoing, the Municipality shall be responsible to quantify the value of work
performed and materials supplied and prepare progress certificates to show
the amount of statutory holdbacks and liens as may apply. If required by the
County, a copy of each progress payment certificate shall be directed to the
County Superintendent. The Municipality shall be responsible for obligations
to a sub -contractor to certify the completion of the works as required. The
County Superintendent shall receive a copy of the certificate of substantial
performance as issued by the Municipality and the Municipality shall comply
with all notice requirements as set out in the Construction Lien Act (Ontario)
for the said certificate.
12.0 Dispute Resolution
12.1 The parties further agree that in the event of a dispute between the parties as
to any matter arising from this Agreement with financial implication to either
or both parties of at least twenty-five thousand ($25,000.00) dollars, then the
resolution of such a dispute shall be determined, upon the agreement of both
parties, by a private arbitrator, and that decision of the private arbitrator shall
be final and binding. The arbitrator selected shall have significant experience
in road construction and maintenance and repair and other municipal matters
and may be selected upon the recommendation of the Director of the Ontario
Good Roads Association. The parties agree that in order to apply for
arbitration pursuant to this paragraph, the party making the application must
provide notice of the dispute and its intention to proceed to private arbitration
within thirty (30) days of becoming aware of the subject matter in the dispute.
12.2 In the event that the parties agree to proceed to arbitration, then the arbitrator
shall be selected upon mutual agreement of both parties within ninety (90)
days of receipt of the notice, failing which each party shall select their own
representative, who in turn will select an arbitrator with the qualifications as
noted above, and the selection of that arbitrator shall be final and binding.
12.3 The provisions of the Statutory Powers and Procedures Act, R.S.O. 1990, c.
s. 22 and the Arbitrations Act, R.S.O. 1990, c. A.24 shall apply through the
arbitration process.
12.4 The parties hereto further agree that:
a) The arbitrator shall have the unfettered discretion to decide upon and
direct resolution of any dispute arising in relation to this Agreement,
112
including but not necessarily limited to the direction that the within
Agreement be terminated on as at a date deemed reasonable by the
arbitrator;
b) Any award or decision made by the arbitrator is binding upon them and
may be enforced in the same manner as a Judgment or Order to the
same effect;
c) Either party may obtain an Order pursuant to the Arbitration Act, 1991,
S.O. 1991, Chapter 17, as amended, staying any legal proceeding
relating to the dispute presented to the Arbitrator pursuant to this
Agreement; and
d) Neither party shall have the right to appeal the award or decision of the
arbitrator to a Court or apply to set aside the award or decision of the
arbitrator.
12.5 Unless otherwise agreed by the parties, the cost of the arbitration and the
parties' own costs shall be determined by the arbitrator, who has the authority
to award costs payable against an unsuccessful party in his or her discretion
at the conclusion of the arbitration.
12.6 In the event of a dispute between the parties as to completion of
maintenance or repair works as required by this Agreement or as otherwise
directed by the County Superintendent, then any arbitration hearing shall not
be scheduled or be commenced until after the repair or maintenance services
are completed to the satisfaction of the County Superintendent.
13.0 Notice
13.1 Any notice required pursuant to this Agreement shall be delivered to the
Chief Administrative Officer of the respective parties hereto and at the
addresses set forth below:
For the County:
450 Sunset Drive
St. Thomas, Ontario,
N5R 5V1
Facsimile Transmission: 519-633-7661
For the Municipality:
113
13.2 Any written notice between the parties hereto, which specifically excludes
any invoice rendered in accordance with section 5.0 hereof, shall be
delivered or sent by prepaid registered mail addressed to the parties at their
respective addresses listed above, or their respective facsimile numbers as
noted above.
13.3 In the event that either party hereto shall change its address within the term
of this Agreement, such party shall provide the other party hereto with written
notification of such change of address within thirty (30) days of the effective
date of such change, upon which date of notification the said new address
shall be considered the address for service of any notice hereto pursuant to
Section 14.1 above.
13.4 Notice shall be deemed to have been received on the date on which notice
was delivered to the address as designated or, in the case of mailing, on the
fifth day after the date of mailing or, in the case of facsimile, the day after the
facsimile has been sent.
14.0 Waiver
14.1 Any provision of this Agreement may be waived in whole or in part by a party
without prejudice any other right of that party as arising from the breach of
any other provision hereof. A waiver shall be binding upon the waiving party
only if it is in writing. The waiver by a party of any breach of any provision
hereof shall not be taken or held to be a waiver of any further breach of the
same provision.
15.0 Severability
15.1 All paragraphs, terms and conditions of this Agreement are severable and
the invalidity, illegality or unenforceability of any such paragraph, term or
condition shall be deemed not to affect the validity, legality, or enforceability
of the remaining paragraphs, terms and conditions.
16.0 Complete Agreement
16.1 This Agreement includes the Schedules set out as Schedule "A" to "G"
inclusive, and constitutes the entire agreement between the parties and
supersedes all prior agreements, negotiations and discussions, whether oral
or written, with respect to the subject matter of road maintenance for those
roads as set out in this Agreement.
114
17.0 Enurement
17.1 This Agreement shall enure to the benefit of and be binding upon the parties
hereto and their respective successors and permitted assigns. The parties
hereto agree for themselves and on behalf of the foregoing persons to
undertake such further acts and execute such further documents as may be
necessary or expedient in order to carry out the purpose and intent of this
Agreement.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be
executed by their respective officers which are duly authorized as of the date first
written above.
SIGNED, SEALED & DELIVERED
in the presence of
Corporation of the County of Elgin
per:
Name:
Position: Warden
per:
Name: Julie Gonyou
Position: Chief Administrative Officer
We have authority to bind the Corporation
The Corporation of the Municipality of
per:
per:
Name:
Position: Mayor
Name:
Position: Chief Administrative Officer
We have authority to bind the Corporation
115
SCHEDULE "A"
116
SCHEDULE "A"
(Detailed description of roads and bridge/culvert facilities
for which maintenance/repair services provided)
117
SCHEDULE "B"
118
SCHEDULE "B"
(Sketch identifying location of roads and bridge/culvert facilities
for which maintenance/repair services provided)
119
SCHEDULE "C"
120
Schedule `C'
Scope of Services for Elqin Road System
(including Minimum Maintenance Standards)
• This Scope of Services describe maintenance activities required to be completed
by the municipality and in which are included in the base annual lump sum
compensation. No additional funds will be provided to the municipalities for the
execution of the works described herein.
• This Scope of Services describes maintenance activity requirements above and
beyond and in addition to the requirements of the Minimum Maintenance
Standards for Municipal Highways (Ontario Regulation 239/02), copy attached.
SOS101 —Asphalt Pavement Surfaces
The original design width, minus 0.1 meters shall be maintained.
The total linear quantity of work shall be limited to 50 meters per lane kilometer
annually.
Designated bicycle lanes shall be inspected and maintained considering the
facility user. Surface defects should be identified (i.e. traffic barrel) as soon as
practical while they can be scheduled for repair.
SOS102 — Surface Treated Surfaces
The original design width, minus 0.2 meters shall be maintained.
The total linear quantity of work shall be limited to 50 meters per lane kilometer
annually.
SOS201 — Gravel Shoulders
• The original design width, minus 0.3 meters shall be maintained.
• Where partially or fully paved shoulders exist, the shoulder width shall be
measured from the edge of the driving lane (white line).
• Shoulders shall be graded a minimum of 2 times per year and as required.
• Isolated or spot shoulder graveling (supply and install Granular `A' material to a
maximum of 10 tonnes and not exceeding 20m in length per location), shall be
completed as required to eliminate edge of pavement drop-offs, standing water
or depressions and may require berm removal to promote positive sheet flow.
SOS301 — Hard Surface Cleaning
Roadway sweeping shall be completed 2 times per year in urban areas.
Roadway sweeping in rural areas shall be completed as required.
Designated bicycle facilities shall be swept a minimum of five times annually and
as required considering the road user. The County will accept an additional
service invoice for the cost of sweeping designated bicycle facilities five times
annually. 121
SOS302 — Vegetation Control
• Cutting of vegetation shall be completed 2 times annually, in the spring and in the
fall. The width of cutting shall be a minimum of 3.6m from the edge of shoulder
in the spring, and a minimum width of 1.8m in the fall.
• Vegetation shall be cut around guide rail posts and a minimum width of 1.8m
behind guide rail where practicable.
• Vegetation shall be cut across all road property at intersections to achieve a clear
sight distance of at least 200m in all directions from intersections. The
vegetation shall not be greater than 0.3m in height.
• At least once every 3 years, all roads shall be cut full width (from the road
shoulder to the road property limits) in all areas where this can be completed
unless deemed unsafe by the Municipality or deemed not required by the County.
Therefore, a minimum of one-third of the roads shall be maintained to the full
property limits annually. These areas shall be clearly identified and reported to
the County annually.
• An additional service invoice in the amount of $140 per road kilometer will be
accepted by the County annually for the actual number of kilometers cut full width
by the Municipality and shall not exceed one-third of the total number of
kilometers maintained.
• The main goals of vegetation control include:
o Keeping signs, road geometry and intersections visible to drivers.
o Keeping road users (vehicles, bicycles and pedestrians) visible to drivers.
o Helping pedestrians and cyclists see motor vehicles.
o Improving visibility of wildlife near the road.
o Removing trees which could pose a collision hazard.
o Improving winter road maintenance by reducing drifting and shading.
o Helping drainage systems function as designed.
o Preserving pavements through daylighting and root system control.
o Controlling noxious weeds and evasive species.
o Aesthetics.
SOS303 — Brush Control
• Cutting of brush shall be completed annually and removed underneath and within
3 meters of culverts, bridges and safety systems (guard rail).
• Brush and vegetation that obscures any road sign shall be removed.
SOS304 — Tree Maintenance
• Dead trees on road property shall be removed within one year of being identified.
• Limbs that are broken and/or are posing a potential hazard to public safety shall
be removed as soon as they are identified.
• When trees are removed, stumps shall be ground down to be level with
surrounding terrain in rural areas. In manicured lawn areas, ground stumps shall
also be restored with topsoil and seed to match surrounding terrain.
122
SOS305 — Herbicides
• Herbicide use to control unwanted vegetation shall conform to the County of
Elgin's "No Spray Policy".
SOS306 — Debris Control
All material deposited on the traveled portion of the road or shoulder, either
intentionally or unintentionally shall be removed upon becoming aware.
Examples include, but are not limited to: mud, rocks, dead animals, trash, etc.
SOS401 — Ditch Maintenance
• Ditches shall be maintained for positive water flow and to eliminate standing
water. Ditching work to create positive water flow shall be limited to 50m in
length at each identified area.
SOS402 — Culvert, Outlets and Subdrains
• Culverts (entrance or road crossing) shall be cleaned using water jets (flushing)
or other effective means where water flow has been restricted by material,
debris, etc.
SOS403 — Storm Sewers, Curb and Gutters, Catchbasins, etc.
• Storm drainage systems shall be cleaned when they have been identified to be
restricting flow (i.e. gutter outlets/swales). This may require video investigations,
flushing, removing of obstructions (i.e. roots), etc.
• Catchbasins shall be cleaned at least once every 2 years or more if debris has
filled their sumps.
• Repairs involving grate replacement or riser repairs and patching around catch
basins shall be carried out under maintenance operations. All other defects shall
be reported to the County of Elgin.
SOS404 — Structure (Bridge and Culvert) Cleaning
Shall be completed annually. Noted deficiencies shall be reported to the County
in writing.
Structure cleaning shall follow the guidelines of the Ontario Good Roads
Association's Bridge and Culvert Management Course.
SOS407 — Erosion Control at Structures
• Municipalities shall be responsible for the costs of supplying and installing up to
10 tonnes of quarry stone or similar repair material per location.
123
SOS501 — Road Markings
• Shall be completed as per the Ontario Traffic Manual — Book 11.
• All road markings shall be painted annually, including but not limited to:
centerline markings, edge of lane markings, stop blocks, turn arrows, etc.
• White, edge of lane marking locations to be painted annually are shown on
Attachment #1 of this schedule. Generally, these locations are at road crests,
sags, curves, narrow structures, Class 1 roads and roads with partially or fully
paved shoulders. Most county road intersections also have diverging lanes,
turning tapers and radii that also require annual painting, and are not specifically
depicted on these maps and OTM Book 11 shall be followed.
• On paved shoulders that the County has defined as a bicycle lane, two solid
white edge lines will be painted annually to create a buffer zone. The second,
additional solid white edge line, will be funded by the County in addition to the
municipality's annual allocation. The County will accept an invoice from the
municipality for the cost to paint the second and additional white edge line where
bicycle lanes are designated.
• The municipality shall coordinate their painting schedule to defer marking road
sections that the County is resurfacing under their capital program.
Municipalities will be made aware of planned resurfacing at the beginning of each
year. If a municipality marks a roadway planned for resurfacing by the County
that year, the municipality will be responsible for re -marking that road at their
cost.
SOS502 — Road Signs
• Municipalities are responsible to maintain all existing Regulatory, Warning and
Information road signs as per the Ontario Traffic Manual.
• Municipalities are responsible for all costs to supply signs and materials to re-
install damaged or stolen signs and to maintain battery operated beacons.
• Elgin County "green" roadway directional/information signs and Elgin County
Tourism signs will be supplied by the County. Labour and material costs
required to re -install "green" roadway directional/information signs will be
included within the base maintenance allocation. Labour and material costs
required to re -install Elgin County Tourism signs shall be invoiced to the County.
• Signage to warn motorists of areas identified to have high incidents of deer vs.
vehicle collisions will be installed with operating beacons on October 1st and
remain in place until January 1St. All other times the beacons shall be removed
and alternative approved signage will be installed.
• The municipality is fully responsible for Hamlet Identification signs.
• All signs shall be installed on wooden 4"x4" posts, with the exception of 90cm x
90cm signs (or greater), that shall be installed on 6"x6" wooden posts with a
2"x4" cross bracing.
• Municipalities shall perform maintenance (i.e. weed trimming) around Elgin
County "Gateway" signs.
124
SOS503 — Guide Rail and Traffic Barrier Systems
• Municipalities are required to maintain all existing systems (i.e. cable, steel beam
guide rail, end treatments, etc.) to the Ontario Provincial Standard Specifications.
• The municipality is responsible for the first $10,000 spent annually to complete
repairs and maintenance on all existing systems. Complete documentation shall
be provided to the County once this limit has been reached.
• When damage has occurred from a motor vehicle collision, the municipality shall
notify the County.
• Damage occurring as a result of municipal operations shall not form part of the
annual $10,000 deductible.
SOS504 — Flashing Beacon, Traffic Signals, Pedestrian Crossings
• Municipalities shall, as part of their regular road patrols, report any concerns with
these systems to the County and the County's Electrical Services Contractor
upon becoming aware of the defect.
SOS601 — Winter Maintenance
• Municipalities shall follow the Canadian Code of Practice for the Environmental
Management of Road Salts and the County of Elgin's Road Salt Management
Plan.
SOS701 —Road Closures and Emergency Detour Routes
• The municipality shall cooperate and participate with all emergency road closures
and emergency detour routes that occur.
• All costs to facilitate and supervise the event shall be borne by the municipality
and are included in the base annual allocation for maintenance services.
• The municipality shall participate to manage all temporary road closures that are
approved by the local municipality (i.e. parades).
SOS702 — Unapproved Signage
The municipality shall remove any and all signage that becomes a safety concern
due to sight line or drainage obstruction or is found to be in an unsafe condition
or position that has the potential to threaten pedestrian or motorist safety.
Any unapproved signage attached to County infrastructure shall be removed
immediately.
125
SCHEDULE "C" — ATTACHMENT 1
(Sketch of Roads requiring White Line Edging)
126
Municipal Act, 2001
Loi de 2001 sur les municipalites
ONTARIO REGULATION 239/02
MINIMUM MAINTENANCE STANDARDS FOR MUNICIPAL HIGHWAYS
Consolidation Period: From January 25, 2013 to the e -Laws currency date.
Last amendment: O. Reg. 47/13.
Thls Regulation is made in English only.
Definitions
1. (1) In this Regulation,
"cm" means centimetres;
"day" means a 24-hour period;
"ice" means all kinds of ice, however formed;
"motor vehicle" has the same meaning as in subsection 1 (1) of the Highway Traffic Act, except that it does not include a
motor assisted bicycle;
"non -paved surface" means a surface that is not a paved surface;
"Ontario Traffic Manual" means the Ontario Traffic Manual published by the Ministry of Transportation, as amended from
time to time;
"paved surface" means a surface with a wearing layer or layers of asphalt, concrete or asphalt emulsion;
"roadway" has the same meaning as in subsection 1 (1) of the Highway Traffic Act;
"shoulder" means the portion of a highway that provides lateral support to the roadway and that may accommodate stopped
motor vehicles and emergency use;
"snow accumulation" means the natural accumulation of any of the following that, alone or together, covers more than half a
lane width of a roadway:
1. Newly -fallen snow.
2. Wind-blown snow.
3. Slush;
"substantial probability" means a significant likelihood considerably in excess of 51 per cent;
"surface" means the top of a roadway or shoulder;
"weather" means air temperature, wind and precipitation, O, Reg. 239/02, s. 1 (1); O. Reg. 23/10, s. 1 (1); O. Reg. 47/13, s. 1.
(2) For the purposes of this Regulation, every highway or part of a highway under the jurisdiction of a municipality in
Ontario is classified in the Table to this section as a Class 1, Class 2, Class 3, Class 4, Class 5 or Class 6 highway, based on
the speed limit applicable to it and the average annual daily traffic on it, O. Reg. 239/02, S. 1 (2),
(3) For the purposes of subsection (2) and the Table to this section, the average annual daily traffic on a highway or part of
a highway under municipal jurisdiction shall be determined,
(a) by counting and averaging the daily two-way traffic on the highway or part of the highway; or
(b) by estimating the average daily two-way traffic on the highway or part of the highway. O. Reg. 239/02, s. 1 (3);
O. Reg. 23/10, s. 1 (2).
(4) For the purposes of this Regulation, a municipality is deemed to be aware of a fact if, in the absence of actual
knowledge of the fact, circumstances are such that the municipality ought reasonably to be aware of the fact. O. Reg. 23/10,
s. 1 (3).
TABLE
CLASSIFICATION OF HIGHWAYS
Average Annual Dail Traffic Posted or Statutory Seed Limit kilometres per hour
127
number of motor vehicles
Patrolling Frequency
1
3 times every 7 days
2
2 times every 7 days
3
once every 7 days
4
91-100
81-90
71-80
61-70
51-60
41-50
1-40
15,000 or more
1
1
1
2
2
2
2
12,000 - 14,999
1
1
1
2
2
3
3
10,000 - 11,999
1
1
2
2
3
3
3
8,000 - 9,999
1
1
2
3
3
3
3
6,000 - 7,999
1
2
2
3
3
3
3
5,000 - 5,999
1
2
2
3
3
3
3
4,000 - 4,999
1
2
3
3
3
3
4
3 000 - 3,999
1
2
3
3
3
4
4
2,000 - 2,999
1
2
3
3
4
4
4
1 000 - 1,099
1
3
3
3
4
4
5
500-999
1
3
4
4
4
4
5
200-499
1
3
4
4
5
5
5
50-199
1
3
4
5
5
5
5
0-49
1
3
6
6
6
6
6
O. Reg. 613/06, s. 1.
Application
2. (1) This Regulation sets out the minimum standards of repair for highways under municipal jurisdiction for the purpose
of clause 44 (3) (c) of the Act. O. Reg. 288/03, s. 1.
(2) REVOKED: O. Reg. 23/10, s. 2.
(3) This Regulation does not apply to Class 6 highways. O. Reg. 239/02, s. 2 (3).
MR41MUM STANDARDS
Patrolling
3, (1) The minimum standard for the frequency of patrolling of highways to check for conditions described in this
Regulation is set out in the Table to this section. O. Reg. 23/10, s. 3 (1).
(2) If it is determined by the municipality that the weather monitoring referred to in section 3.1 indicates that there is a
substantial probability of snow accumulation on roadways, ice formation on roadways or icy roadways, the minimum
standard for patrolling highways is, in addition to that set out in subsection (1), to patrol highways that the municipality
selects as representative of its highways, at intervals deemed necessary by the municipality, to check for such conditions.
O. Reg. 47/13, s. 2.
(3) Patrolling a highway consists of observing the highway, either by driving on or by electronically monitoring the
highway, and may be performed by persons responsible for patrolling highways or by persons responsible for or performing
highway maintenance activities. O. Reg. 23/10, s. 3 (1).
(4) This section does not apply in respect of the conditions described in section 10, subsections I1 (0.1) and 12 (1) and
section 16.1. O. Reg. 23/10, s. 3 (1).
TABLE
PATROLLING FREQUENCY
Class of Highway
Patrolling Frequency
1
3 times every 7 days
2
2 times every 7 days
3
once every 7 days
4
once every 14 days
5
once every 30 days
O. Reg. 239/02, s. 3, Table; O. Reg, 23/10, s. 3 (2).
Weather monitoring
3A (1) From October 1 to April 30, the minimum standard is to monitor the weather, both current and forecast to occur in
the next 24 hours, once every shift or three times per calendar day, whichever is more frequent, at intervals determined by the
municipality. O. Reg. 47/13, s. 3,
(2) From May 1 to September 30, the minimum standard is to monitor the weather, both current and forecast to occur in
the next 24 hours, once per calendar day. O. Reg. 47/13, s. 3.
Snow accumulation
d. (1) The minimum standard for addressing snow accumulation is,
128
(a) after becoming aware of the fact that the snow accumulation on a roadway is greater than the depth set out in the Table
to this section, to deploy resources as soon as practicable to address the snow accumulation; and
(b) after the snow accumulation has ended, to address the snow accumulation so as to reduce the snow to a depth less than
or equal to the depth set out in the Table within the time set out in the Table,
(i) to provide a minimum lane width of the lesser of three metres for each lane or the actual lane width, or
(ii) on a Class 4 or Class 5 highway with two lanes, to provide a total width of at least five metres, O. Reg. 47/13,
s, 4,
(2) If the depth of snow accumulation on a roadway is less than or equal to the depth set out in the Table to this section,
the roadway is deemed to be in a state of repair with respect to snow accumulation, O, Reg, 47/13, s, 4,
(3) For the purposes of this section, the depth of snow accumulation on a roadway may be determined in accordance with
subsection (4) by a municipal employee, agent or contractor, whose duties or responsibilities include one or more of the
following;
1. Patrolling highways.
2. Performing highway maintenance activities,
3. Supervising staff who perform activities described in paragraph 1 or 2. O. Reg, 47/13, s, 4.
(4) The depth of snow accumulation on a roadway may be determined by,
(a) performing an actual measurement;
(b) monitoring the weather; or
(c) performing a visual estimate. O. Reg. 47/13, s. 4.
(5) For the purposes of this section, addressing snow accumulation on a roadway includes, but is not limited to,
(a) plowing the roadway;
(b) salting the roadway;
(c) applying abrasive materials to the roadway; or
(d) any combination of the methods described in clauses (a), (b) and (c), O. Reg. 47/13, s, 4,
(6) This section does not apply to that portion of the roadway designated for parking. O, Reg. 47/13, s, 4,
TABLE
SNOW ACCUMULATION
Class of Highway
Depth
Time
1
2,5 cm
4 hours
2
5 cm
6 hours
3
8 cm
12 hours
4
8 cm
16 hours
5
10 cm
24 hours
O, Reg. 47/13, s, 4.
Ice formation on roadways and icy roadways
5. (1) The minimum standard for the prevention of ice formation on roadways is doing the following in the 24-hour
period preceding an alleged formation of ice on a roadway;
1, Monitor the weather in accordance with section 3.1.
2. Patrol in accordance with section 3.
3. If the municipality determines, as a result of its activities under paragraph 1 or 2, that there is a substantial probability
of ice forming on a roadway, treat the roadway to prevent ice formation within the time set out in the Table to this
section, starting from the time that the municipality determines is the appropriate time to deploy resources for that
purpose, O. Reg, 47/13, s, 5.
(2) If the municipality meets the minimum standard set out in subsection (1) and, despite such compliance, ice forms on a
roadway, the roadway is deemed to be in a state of repair until the earlier of,
(a) the time that the municipality becomes aware of the fact that the roadway is icy; or
(b) the applicable time set out in the Table to this section for treating the roadway to prevent ice formation expires.
O, Reg. 47/13, s. 5,
129
(3) The minimum standard for heating icy roadways after the municipality becomes aware of the fact that a roadway is icy
is to treat the icy roadway within the time set out in the Table to this section, and an icy roadway is deemed to be in a state of
repair until the applicable time set out in the Table for treating the icy roadway expires. O. Reg. 47/13, s. 5.
(4) For the purposes of this section, treating a roadway means applying material to the roadway, including but not limited
to, salt, sand or any combination of salt and sand. O. Reg, 47/13, s. 5.
TABLE
ICE FORMATION PREVENTION AND ICY ROADWAYS
Class of Highway
Time
1
3 hours
2
4 hours
3
8 hours
4
12 hours
5
16 hours
O. Reg. 47/13, s. 5.
Potholes
6. (1) If a pothole exceeds both the surface area and depth set out in Table 1, 2 or 3 to this section, as the case may be, the
minimum standard is to repair the pothole within the time set out in Table 1, 2 or 3, as appropriate, after becoming aware of
the fact. O. Reg. 239/02, s. 6 (1).
(2) A pothole is deemed to be in a state of repair if its surface area or depth is less than or equal to that set out in Table 1, 2
or 3, as appropriate. O. Reg. 239/02, s. 6 (2); O. Reg. 47/13, s. 6.
TABLE 1
POTHOLES ON PAVED SURFACE OF ROADWAY
Class of
Highway
Surface Area
Depth
Time
1
600 cm2
8 cm
4 days
2
800 cm2
8 cm
4 days
3
1000 cm2
8 cm
7 days
4
1000 cm2
8 cm
14 days
5
1000 cm2
8 cm
30 days
TABLE 2
POTHOLES ON NON -PAVED SURFACE OF ROADWAY
Class of
Highway
Surface Area
Depth
Time
3
1500 cm2
8 cm
7 days
4
1500 cm2
10 cm
14 days
5
1500 cm2
12 cm
30 days
O. Reg. 239/02, s. 6, Table 1.
O. Reg. 239/02, s. 6, Table 2.
TABLE 3
POTHOLES ON PAVED OR NON -PAVED SURFACE OF SHOULDER
Class of
Highway
Surface Area
Depth
Time
1
1500 cm2
8 cm
7 days
2
1500 cm2
8 cm
7 days
3
1500 cm2
8 cm
14 days
4
1500 cm2
10 cm
30 days
5
1500 cm2
12 cm
60 days
O. Reg. 239/02, s. 6, Table 3.
Shoulder drop-offs
7. (1) If a shoulder drop-off is deeper, for a continuous distance of 20 metres or more, than the depth set out in the Table
to this section, the miniunum standard is to repair the shoulder drop-off within the time set out in the Table after becoming
aware of the fact, O. Reg. 239/02, s. 7 (1).
4
130
(2) A shoulder drop-off is deemed to be in a state of repair if its depth is less than or equal to that set out in the Table.
O. Reg. 239/02, s. 7 (2); O, Reg. 47/13, s. 7.
(3) In this section,
"shoulder drop-off' means the vertical differential, where the paved surface of the roadway is higher than the surface of the
shoulder, between the paved surface of the roadway and the paved or non -paved surface of the shoulder. O. Reg. 239/02,
s. 7(3).
TABLE
SHOULDER DROP-OFFS
Class of Highway
Depth
Time
1
8 C
4das
2
8 cm
4 days
3
8 e
7das
4
8 cm
14 days
5
8 cm
30 days
O. Reg. 239/02, s. 7, Table.
Cracks
8. (1) If a crack on the paved surface of a roadway is greater, for a continuous distance of three metres or more, than both
the width and depth set out in the Table to this section, the minimum standard is to repair the crack within the time set out in
the Table after becoming aware of the fact. O. Reg. 239/02, s. 8 (1).
(2) A crack is deemed to be in a state of repair if its width or depth is less than or equal to that set out in the Table.
O. Reg. 239/02, s. 8 (2); O. Reg. 47/13, s. 8.
TABLE
CRACKS
Class of
Highway
Width
Depth
Time
1
5 cm
5 cm
30 days
2
5 cm
5 cm
30 days
3
5 cm
5 cm
60 days
4
5 cm
5'cm
180 days
5
5 cm
5 cm
180 days
O. Reg. 239/02, s. 8, Table.
Debris
9. (1) If there is debris on a roadway, the minimum standard is to deploy resources, as soon as practicable after becoming
aware of the fact, to remove the debris. O. Reg. 239/02, s, 9 (1).
(2) In this section,
"debris" means any material (except snow, slush or ice) or object on a roadway,
(a) that is not an integral part of the roadway or has not been intentionally placed on the roadway by a municipality, and
(b) that is reasonably likely to cause damage to a motor vehicle or to injure a person in a motor vehicle. O. Reg. 239/02,
s. 9 (2); O. Reg. 47/13, s. 9.
Luminaires
10. (0.1) The minimum standard for the frequency of inspecting all luminaires to check to see that they are functioning is
once per calendar year, with each inspection taking place not more than 16 months from the previous inspection. O. Reg.
23/10, s. 6; O. Reg. 47/13, s. 10 (1).
(1) For conventional illumination, if three or more consecutive luminaires on a highway are not functioning, the minimum
standard is to repair the luminaires within the time set out in the Table to this section after becoming aware of the fact.
O. Reg. 239/02, s. 10 (1).
(2) For conventional illumination and high mast illumination, if 30 per cent or more of the luminaires on any kilometre of
highway are not functioning, the minimum standard is to repair the luminaires within the time set out in the Table to this
section after becoming aware of the fact. O. Reg. 239/02, s. 10 (2).
(3) Despite subsection (2), for high mast illumination, if all of the luminaires on consecutive poles are not functioning, the
minimum standard is to deploy resources as soon as practicable after becoming aware of the fact to repair the luminaires.
O. Reg. 239/02, s. 10 (3).
131
(4) Despite subsections (1), (2) and (3), for conventional illumination and high mast illumination, if more than 50 per cent
of the luminaires on any kilometre of a Class 1 highway with a speed limit of 90 kilometres per hour or more are not
functioning, the minimum standard is to deploy resources as soon as practicable after becoming aware of the fact to repair the
luminaires, O. Reg. 239/02, s. 10 (4).
(5) Luminaires are deemed to be in a state of repair,
(a) for the purpose of subsection (1), if the number of non-functioning consecutive luminaires does not exceed two;
(b) for the purpose of subsection (2), if more than 70 per cent of luminaires on any kilometre of highway are functioning;
(c) for the purpose of subsection (3), if one or more of the luminaires on consecutive poles are functioning;
(d) for the purpose of subsection (4), if more than 50 per cent of luminaires on any kilometre of highway are functioning.
O. Reg. 239/02, s. 10 (5); O. Reg. 47/13, s, 10 (2).
(6) Subsections (1), (2) and (3) only apply to,
(a) Class 1 and Class 2 highways; and
(b) Class 3, Class 4 and Class 5 highways with a posted speed of 80 kilometres per hour or more. O. Reg. 239/02,
s, 10 (6).
(7) In this section,
"conventional illumination" means lighting, other than high mast illumination, where there are one or more luminaires per
pole;
"high mast illumination" means lighting where there are three or more luminaires per pole and the height of the pole exceeds
20 metres;
"luminaire" means a complete lighting unit consisting of,
(a) a lamp, and
(b) parts designed to distribute the light, to position or protect the lamp and to connect the lamp to the power supply.
O. Reg. 239/02, s. 10 (7).
TABLE
LUMINAIRES
Class of 1-fighway
Time
1
7 days
2
7 days
3
14 days
4
14 days
5
14 days
O. Reg. 239/02, s. 10, Table
Signs
11. (0.1) The minimum standard for the frequency of inspecting signs of a type listed in subsection (2) to check to see that
they meet the retro -reflectivity requirements of the Ontario Traffic Manual is once per calendar year, with each inspection
taking place not more than 16 months from the previous inspection. O. Reg. 23/10, s. 7 (1); O. Reg, 47/13, s. 11 (1).
(0.2) A sign that has been inspected in accordance with subsection (0.1) is deemed to be in a state of repair with respect to
the retro -reflectivity requirements of the Ontario Traffic Manual until the next inspection in accordance with that subsection,
provided that the municipality does not acquire actual Imowledge that the sign has ceased to meet these requirements. O, Reg.
47/13, s, 11 (2).
(1) If any sign of a type listed in subsection (2) is illegible, improperly oriented, obscured or missing, the minimum
standard is to deploy resources as soon as practicable after becoming aware of the fact to repair or replace the sign. O. Reg.
239/02, s. 11 (1); O. Reg. 23/10, s. 7 (2).
(2) This section applies to the following types of signs;
1. Checkerboard,
2. Curve sign with advisory speed tab.
3. Do not enter.
3.1 Load Restricted Bridge,
3.2 Low Bridge,
132
3,3 Low Bridge Ahead.
4, One Way.
5, School Zone Speed Limit,
6, Stop.
7. Stop Ahead,
8, Stop Ahead, New.
9, Traffic Signal Ahead, New.
10. Two -Way Traffic Ahead,
11, Wrong Way.
12. Yield,
13. Yield Ahead.
14. Yield Ahead, New, O. Reg. 239/02, s. 11 (2); O, Reg, 23/10, s. 7 (3).
Regulatory or warning signs
12. (1) The minimum standard for the frequency of inspecting regulatory signs or warning signs to check to see that they
meet the retro -reflectivity requirements of the Ontario Traffic Manual is once per calendar year, with each inspection taking
place not more than 16 months from the previous inspection, O, Reg, 23/10, s, 8; O. Reg. 47/13, s, 12 (1).
(1,1) A regulatory sign or warning sign that has been inspected in accordance with subsection (1) is deemed to be in a state
of repair with respect to the retro -reflectivity requirements of the Ontario Traffic Manual until the next inspection in
accordance with that subsection, provided that the municipality does not acquire actual knowledge that the sign has ceased to
meet these requirements, O. Reg, 47/13, s. 12 (2).
(2) If a regulatory sign or warning sign is illegible, improperly oriented, obscured or missing, the minimum standard is to
repair or replace the sign within the time set out in the Table to this section after becoming aware of the fact. O, Reg. 23/10,
s. 8.
(3) In this section,
"regulatory sign" and "warning sign" have the same meanings as in the Ontario Traffic Manual, except that they do not
include a sign listed in subsection 11 (2) of this Regulation, O, Reg, 23/10, s, 8.
TABLE
REGULATORY AND WARNING SIGNS
Class of Hi hwa
Time
1
7 days
2
14 days
3
21 days
4
30 days
5
30 days
O. Reg. 239/02, s. 12, Table,
Traffic control signal systems
13. (1) If a traffic control signal system is defective in any way described in subsection (2), the minimum standard is to
deploy resources as soon as practicable after becoming aware of the defect to repair the defect or replace the defective
component of the traffic control signal system. O. Reg, 239/02, s. 13 (1),
(2) This section applies if a traffic control signal system is defective in any of the following ways:
1. One or more displays show conflicting signal indications.
2. The angle of a traffic control signal or pedestrian control indication has been changed in such a way that the traffic or
pedestrian facing it does not have clear visibility of the information conveyed or that it conveys confusing information
to traffic or pedestrians facing other directions.
3. A phase required to allow a pedestrian or vehicle to safely travel through an intersection fails to occur,
4, There are phase or cycle timing errors interfering with the ability of a pedestrian or vehicle to safely travel through an
intersection.
5. There is a power failure in the traffic control signal system.
6. The traffic control signal system cabinet has been displaced from its proper position,
133
7. There is a failure of any of the traffic control signal support structures.
8. A signal lamp or a pedestrian control indication is not functioning.
9. Signals are flashing when flashing mode is not a part of the normal signal operation. O. Reg. 239/02, s. 13 (2).
(3) Despite subsection (1) and paragraph 8 of subsection (2), if the posted speed of all approaches to the intersection or
location of the non-functioning signal lamp or pedestrian control indication is less than 80 kilometres per hour and the signal
that is not functioning is a green or a pedestrian "walls" signal, the minimum standard is to repair or replace the defective
component by the end of the next business day, O. Reg, 239/02, s, 13 (3),
(4) In this section and section 14,
"cycle" means a complete sequence of traffic control indications at a location;
"display" means the illuminated and non -illuminated signals facing the traffic;
"indication" has the same meaning as in the Highway Traffic Act,
"phase" means a part of a cycle from the time where one or more traffic directions receive a green indication to the time
where one or more different traffic directions receive a green indication;
"power failure" means a reduction in power or a loss in power preventing the traffic control signal system from operating as
intended;
"traffic control signal" has the same meaning as in the Highway Ti'cffic Act;
"traffic control signal system" has the same meaning as in the Highway Traffic Act. O. Reg. 239/02, s, 13 (4).
Traffic control signal system sub -systems
14. (1) The minimum standard is to inspect, test and maintain the following traffic control signal system sub -systems once
per calendar year, with each inspection taking place not more than 16 months from the previous inspection:
1. The display sub -system, consisting of traffic signal and pedestrian crossing heads, physical support structures and
support cables.
2. The traffic control sub -system, including the traffic control signal cabinet and internal devices such as timer, detection
devices and associated hardware, but excluding conflict monitors.
3. The external detection sub -system, consisting of detection sensors for all vehicles, including emergency and railway
vehicles and pedestrian push- buttons, O. Reg. 239102, s. 14 (1); O, Reg. 47/13, s, 13 (1).
(1,1) A traffic control signal system sub -system that has been inspected, tested and maintained in accordance with
subsection (1) is deemed to be in a state of repair until the next inspection in accordance with that subsection, provided that
the municipality does not acquire actual knowledge that the traffic control signal system sub -system has ceased to be in a
state of repair, O. Reg. 47/13, s. 13 (2).
(2) The minimum standard is to inspect, test and maintain conflict monitors every five to seven months and at least twice
per calendar year, O. Reg. 239/02, s. 14 (2); O. Reg. 47/13, s. 13 (3).
(2.1) A conflict monitor that has been inspected, tested and maintained in accordance with subsection (2) is deemed to be
in a state of repair until the next inspection in accordance with that subsection, provided that the municipality does not
acquire actual knowledge that the conflict monitor has ceased to be in a state of repair. O, Reg. 47/13, s. 13 (4).
(3) In this section,
"conflict monitor" means a device that continually checks for conflicting signal indications and responds to a conflict by
emitting a signal, O. Reg. 239/02, s. 14 (3).
Bridge deckspalls
15. (1) If a bridge deck spall exceeds both the surface area and depth set out in the Table to this section, the minimum
standard is to repair the bridge deck spall within the time set out in the Table after becoming aware of the fact. O. Reg.
239/02, s, 15 (1),
(2) A bridge deck spall is deemed to be in a state of repair if its surface area or depth is less than or equal to that set out in
the Table. O. Reg, 239/02, s, 15 (2); O. Reg. 47/13, s. 14.
(3) In this section,
"bridge deck spall" means a cavity left by one or more fragments detaching from the paved surface of the roadway or
shoulder of a bridge, O, Reg, 239/02, s. 15 (3).
Class of I Surface Area I Depth I Time
TABLE
BRIDGE DECIS SPALLS
134
Highway
Height
Time
1
1
600 cm2
8 cm
4 days
2
800 cm2
8 cm
4 days
3
1,000 cm2
8 cm
7 days
4
1,000 cm2
8 cm
7 days
5
1,000 cm2
8 cm
7 days
O. Reg. 239/02, s. 15, Table.
Roadway surface discontinuities
16. (1) If a surface discontinuity on a roadway, other than a surface discontinuity on a bridge deck, exceeds the height set
out in the Table to this section, the minimum standard is to repair the surface discontinuity within the time set out in the
Table after becoming aware of the fact, O. Reg. 23/10, s. 9.
(1.1) A surface discontinuity on a roadway, other than a surface discontinuity on a bridge deck, is deemed to be in a state
of repair if its height is less than or equal to the height set out in the Table to this section. O. Reg. 47/13, s, 15.
(2) If a surface discontinuity on a bridge deck exceeds five centimetres, the minimum standard is to deploy resources as
soon as practicable after becoming aware of the fact to repair the surface discontinuity on the bridge deck. O. Reg. 23/10,
s. 9.
(2,1) A surface discontinuity on a bridge deck is deemed to be in a state of repair if its height is less than or equal to five
centimetres. O, Reg. 47/13, s. 15,
(3) In this section,
"surface discontinuity" means a vertical discontinuity creating a step formation at joints or cracks in the paved surface of the
roadway, including bridge deck joints, expansion joints and approach slabs to abridge. O. Reg. 23/10, s. 9.
TABLE
SURFACE DISCONTINUITIES
Class of Highway
Height
Time
1
5 cm
2 days
2
5 cm
2 days
3
5 cm
7 days
4
5 cm
21 days
5
5 cm
21 days
O. Reg. 239/02, s. 16, Table.
Sidewalk surface discontinuities
16.1 (1) The minimum standard for the frequency of inspecting sidewalks to check for surface discontinuity is once per
calendar year, with each inspection taking place not more than 16 months from the previous inspection. O, Reg. 23/10, s. 10;
O. Reg, 47/13, s. 16 (1).
(1.1) A sidewalk that has been inspected in accordance with subsection (1) is deemed to be in a state of repair with respect
to any surface discontinuity until the next inspection in accordance with that subsection, provided that the municipality does
not acquire actual knowledge of the presence of a surface discontinuity in excess of two centimetres. O, Reg. 47/13, s. 16 (2).
(2) If a surface discontinuity on a sidewalk exceeds two centimetres, the minimum standard is to treat the surface
discontinuity within 14 days after acquiring actual knowledge of the fact. O. Reg. 23/10, s. 10; O. Reg. 47/13, s. 16 (3).
(2.1) A surface discontinuity on a sidewalk is deemed to be in a state of repair if it is less than or equal to two centimetres.
O. Reg. 47/13, s. 16 (4).
(3) For the pin -pose of subsection (2), treating a surface discontinuity on a sidewalk means taking reasonable measures to
protect users of the sidewalk from the discontinuity, including malting permanent or temporary repairs, alerting users'
attention to the discontinuity or preventing access to the area of discontinuity. O. Reg. 23/10, s. 10,
(4) In this section,
"surface discontinuity" means a vertical discontinuity creating a step formation at joints or cracks in the surface of the
sidewalk, O. Reg. 23/10, s. 10.
RmEw OF REGULATION
Review
17. (1) The Minister of Transportation shall conduct a review of this Regulation and Ontario Regulation 612/06
(Minimum Maintenance Standards for Highways in the City of Toronto) made under the City of Toronto Act, 2006 every five
years. O. Reg. 613/06, s. 2.
135
(2) Despite subsection (1), the first review after the completion of the review started before the end of 2007 shall be
started five years after the day Ontario Regulation 23/10 is filed. O. Reg. 23/10, s. 11.
18. OMITTED (PROVIDES FOR COMING INTO FORCE OF PROVISIONS OF THIS REGULATION). O, Reg. 239/02, s. 18.
Back to top
10
136
SCHEDULE "D"
137
PAYMENT SCHEDULE
Municipality
2018
2018 Payments
2018 Payments
Total Payment
(15% of the Total Payment for
(5% of the Total
the months of November to
Payment for the months
February
of March to October
138
SCHEDULE "E"
139
County of Elgin
Schedule "E" Quarterly Inspection
Date;
Mun;
Iitem Num Road Name From --- TO Deficiency Identified On Date Repaired Note Patroller I
SCHEDULE "F"
141
Schedule "F"
Page 1
County of Elgin
Monthly County Road Work Report
Report for the Month of:
Date Report was Completed:
Munlcipalityof.
Person Completing Report:
BRIDGES► CULVERTS
Item Description ofwork Completed LAST Month Description of Work Scheduled for this Month
Bridges and Culverts
Washing
(Indicate Rd, Num.)
ROADSIDE
Item
Description ofwork Completed LAST Month r 1 De,;F�iiptlon of Work Scheduled for this Month
Grass Mowing
Weed Spraying
SightLine
(Indicate Rd, Num)
Brushing,
Tree Removal
(indicate Rd. Num.)
F
Ditching,
Drainage.
Erosion Control
(Indicate Rd, Num.)
Cleaning
Repairs
Flushing
(Indicate Rd. Num)
> }i
r ..
it q
Culvert
Flushing'+
Repairs',
(Indicate Rd, Num.)
"
142
Schedule "I"'
Page 2
143
County of Elgin
Monthly County Road Worl(Report
HARD TOP MAINTENANCE
Item
Description ofwork Completed LAST Month
Description ofWorkScheduled for this month
Patching (cold or hot)
(est, of tonnes)
(Indicate Rd. Num,)
Sweeping
(Urban -Rural)
Debris Control
(indicate Rd. Num.)
Grading,patching
Washout Repair
(indicate Rd. Num.)
Line Painting
Stop Blocks
(indicate Rd, Num.)
Y
WINTER CONTROL
Item
Provide the number of winter events and 64,unuspal
occurrences, collisions, Infraiqlf ctumclamagdletc.
Provide the estimated tonnes and liters of de -Icing materials
used LAST month
Snow Ploughing
Salting
Sanding
Anti -Ice
SAFETY DEVICES
Item
Descril LAST Month
Description of Work Scheduled for this Month
Sign Replacement
t
yj
143
Schedule"F"
Page 8
County of Elgin
Monthly County Road Work Report
SAFETY DEVICES
If you needed to contact the Electrical service provider please
Item Description of wori<completed LAST Month provide the details of the repair request.
Signal,beacon
Luminaires
(indicate rd. Num,)
Item
Description of work completed LAST Month Provide cost estimates, Indicate if work was contracted out.
Gulderail,cable repair
End treatment
(Indicate rd. Num.)
Item
Emergency Detours,o.d Closures
Provide brief description of event and any unusual clrcumstanees t}pat required additional resources, List any concerns
that will require a debriefing With f he agencies Involved,
EDR, , EMS==
Requiring Rd. closure.
144
1
144
SCHEDULE"G"
145
Schedule "G" - Standard Road Maintenance Invoice
(an alternate format including the same information is acceptable)
Date
Invoice No.
MUNICIPALITY
Invoice for County Road Maintenance Activities completed for the month of
item I Description I Amount
Monthly Road Maintenance Payment (Schedule D)
- as identified as the Scope of Services in the agreement (Section 4.0)
additional Services (as agreed to by the County in writing - Section 5.2)
- attach all relevant documentation
TOTAL DUE
Documentation included with this invoice (if relevant and as per agreement)* (Section 5.1)
Monthly County Road Report (Schedule F)
- summary of work completed in previous month and planned for following month.
ii) Road Salt Usage Report
- summary of usage in previous month
ill) Annual Financial Report - due by February 15th
- year end financial statement detailing total activities and costs.for previous year.
*Note: Omitted documentation shall result in a 10% holdback reduction of
146
DATED this day of 12017.
BETWEEN:
CORPORATION OF THE
COUNTY OF ELGIN
- and -
CORPORATION OF THE
MUNICIPALITY OF
AGREEMENT
147
n! afvfejj;�'
flgin REPORT TO COUNTY COUNCIL
1 w rae'h 4d Wer 1M',r bFCr
FROM: Rhonda L. Duffy, Director of Homes and Seniors Services
DATE: November 28, 2017
SUBJECT: Homes — Nursing (Section N — Z) Policy Manual Review and Revisions
INTRODUCTION:
Departmental policy and procedure manuals ensure consistency and quality in the
services provided by Elgin County Homes and Seniors Services. As per the Long -Term
Care Homes Act (LTCHA), 2007, policies and procedures are to be reviewed annually.
This ensures inclusion of Best Practice and legislative guidelines and aligns with the
LTCHA and Regulations.
DISCUSSION/CONCLUSION:
The Homes Policy Manual for Nursing (Section N — Z) has been reviewed and revised.
The revised manual includes revisions to the following policies and procedures:
• Nurse Call System — update of functions of newly installed nurse call system
• PICC Line — update of emergency contact information; typos/grammatical
corrections
• Responsive Behaviours — update of referral form
• Restraints — minor wording changes to align with Best Practices
• Skin Care and Wound Management -Appendix D and G revisions; minor wording
changes
• Specimen Collection — typos
• Toileting and Transferring — policy title change to "Transferring"; reference change
• Two Person Lifts and Transfers — reference change
The Managers of Resident Care of each of the Homes has reviewed and approved the
revisions which align with the LTCHA, 2007 and Regulations, improve resident and staff
safety and service delivery.
The policy manual in its entirety and the noted policy revisions may be reviewed through
the County Website http://www.elincount�<.ca/seniors-services/our-team/emplo�<ee®portal-0.
RECOMMENDATION:
THAT Council approve the County of Elgin Homes and Seniors Services Nursing (Section
N — Z) Policy Manual review and revisions for 2017.
All of which is Respectfully Submitted Approved for Submission
Rhonda L. Duffy Julie Gonyou
Director of Homes and Seniors Services Chief Administrative Officer
148
"j1w 1u
REPORT TO COUNTY COUNCIL
FROM: Rhonda L. Duffy, Director of Homes and Seniors Services
Mike Hoogstra, Purchasing Coordinator
DATE: November 27, 2017
SUBJECT: Homes — Mobile Optometry Services
INTRODUCTION:
The Long Term Care Homes Act, 2007 states that every home shall ensure that
residents are provided with information and assistance in obtaining services that are
relevant to the residents health care needs that are not provided by the Home. One of
those services is optometry services.
DISCUSSION:
To better assist residents in obtaining optometry services, an RFP was issued for
mobile optometry services. The provision of optometry services is best provided by a
mobile optometry service provider. The service itself will remain optional. Residents
may continue to visit their provider of choice. This is a service to the residents as there
are those who find it difficult to visit optometry offices outside of the home or cannot
financially manage transportation costs.
Only one provider responded to the RFP. After careful review and consideration of
services and potential costs to be covered by the resident/personal representative,
staff recommends Multi -Gen Health Care be selected as the preferred vendor for mobile
optometry services delivered in the County Homes. Multi -Gen is also the current
provider of mobile dental services in the Homes. The term of the agreement with Multi -
Gen is for three years with the option to extend for two additional one year terms.
CONCLUSION:
The provision of mobile optometry services to residents in the homes is an enhanced
service which will benefit residents from an accessibility and visual health perspective.
RECOMMENDATIONS:
THAT the contract for mobile optometry service be awarded to Multi -Gen Health Care
for a three year term with the option to extend for two additional one year terms; and,
THAT the Warden and Chief Administrative Officer be authorized to sign the contract.
All of which is Respectfully Submitted Approved for Submission
Rhonda L. Duffy. Julie Gonyou
Director of Homes and Senior Services Chief Administrative Officer
149
w, rmllllyij J
flgin
1 wrae'h 4dWer 1M',r REPORT TO COUNTY COUNCIL
bFCr
FROM: Jim Bundschuh, Director of Financial Services
DATE: November 27, 2017
SUBJECT: October 2017 Budget Performance
INTRODUCTION:
Attached is the October budget comparison for the County with performance for the
month of $121,000 and year-to-date (YTD) performance of $568,000.
DISCUSSION:
The primary lines of performance are as follows:
Line 17 — Engineering Services: Current month performance of $33,000 explained by
revenue higher than budgeted and wage savings from the temporary opening stemming
from a retirement.
Line 18 — Homes for Seniors Services: Current month performance of $59,000,
predominately explained by operations spending being better than budgeted.
RECOMMENDATION:
THAT the report titled "October 2017 Budget Performance" dated November 27, 2017
be received and filed.
All of which is Respectfully Submitted Approved for Submission
Jim Bundschuh Julie Gonyou
Director of Financial Services Chief Administrative Officer
150
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
County of Elgin
YTD
Current Month
Actual
Perform.
Actual
Perform.
Income Statement
As of October 31, 2017
Revenue Expenses Net
Net
Revenue Expenses Net
Net
Total
Total
TAXES
5,594 (237) 5,356
(1)
- - -
-
INTEREST CHARGES & INCOME
(85,001) - (85,001)
(199)
(4,741) - (4,741)
(2,359)
SOCIAL SERVICES - ST. THOMAS
- 1,711,208 1,711,208
(52,160)
- - -
-
HEALTH UNIT
- 677,844 677,844
66,709
- 74,455 74,455
-
GRANTS
- 319,921 319,921
-
- - -
-
RENTAL INCOME
(208,264) 137,899 (70,364)
(0)
(20,826) - (20,826)
-
PROPERTY ASSESSMENT
- 747,784 747,784
1
- 186,946 186,946
0
ONTARIO MUNICIPAL PARTNERSHIP FU
(870,200) - (870,200)
-
(217,550) - (217,550)
(450)
PROJECTS
(646) 485,005 484,359
646
- 30,648 30,648
(1)
- - -
0
- - -
-
Total Corporate
(1,158,516) 4,079,425 2,920,909
14,995
(243,118) 292,049 48,932
(2,810)
WARDEN AND COUNCIL
(3,080) 268,864 265,784
41,025
- 27,828 27,828
3,846
ADMINISTRATIVE SERVICES
(114,890) 580,524 465,634
(16,870)
- 77,817 77,817
(15,530)
FINANCIAL SERVICES
- 496,864 496,864
3,901
- 46,481 46,481
126
HUMAN RESOURCES
(30,665) 455,047 424,382
9,822
(9,455) 40,875 31,420
1,395
ADMINISTRATION BUILDING
(348,581) 798,634 450,052
17,709
(31,209) 78,677 47,468
2,254
CORPORATE SERVICES
(10,835) 543,241 532,406
53,113
(2,183) 20,882 18,699
16,557
ENGINEERING SERVICES
(1,579,212) 11,118,768 9,539,556
98,785
(32,407) 235,213 202,806
32,724
HOMES FOR SENIORS SERVICES
(15,137,544) 18,314,109 3,176,565
235,720
(1,555,204) 1,623,179 67,975
58,982
MUSEUM/ARCHIVES
(498,231) 373,326 (124,906)
9,832
(16,866) 30,573 13,707
1,291
LIBRARY SERVICES
(69,450) 2,292,576 2,223,125
26,226
(3,319) 172,240 168,921
2,724
INFORMATION TECHNOLOGIES
(56,310) 805,414 749,105
44,056
(14,964) 72,145 57,181
14,225
PROVINCIAL OFFENSES
(1,007,806) 818,045 (189,761)
(6,448)
(21,706) (113,660) (135,366)
-
COLLECTIONS - POA
(341,986) 273,450 (68,536)
(1,128)
- (56,913) (56,913)
-
AMBULANCE & EMERGENCY SERVICES
(5,530,202) 8,250,647 2,720,445
12,908
(567,200) 787,334 220,134
2,990
ECONOMIC DEVELOPMENT & TOURISM
(160,197) 1,050,805 890,608
24,379
(14,034) 66,277 52,242
1,771
Total Departmental
(24,888,990) 46,440,315 21,551,324
553,031
(2,268,548) 3,108,948 840,400
123,357
Total
(26,047,507) 50,519,739 24,472,233
568,027
(2,511,666) 3,400,998 889,332
120,547
H:\17ManagementReports\Summary Report October
151
12/05/17 1:51 PM
n! afvfejj;�'
flgin REPORT TO COUNTY COUNCIL
1 w rae'h 4d Wer 1M',r bFCr
FROM: Jim Bundschuh, Director of Financial Services
DATE: December 6, 2017
SUBJECT: Borrowing By -Law
INTRODUCTION:
Every year Council passes a by-law to allow the Warden and Treasurer to borrow up to
$15 million for cash flow and emergency purposes.
DISCUSSION:
The County currently collects $7 million in taxes every quarter. In order to manage cash
flow between receipts of levy payments, the County may from time to time draw on its
line of credit in order to continue to meet its obligations on a timely basis. The County
currently has access to a $2 million line of credit with the Bank of Montreal for this
purpose.
Furthermore, any unforeseen emergency may require the use of the existing line of
credit, or may even require that line of credit be extended to a higher amount. For that
purpose, the attached by-law is passed each year by Council authorizing the Warden
and Treasurer, on behalf of the County, to borrow up to $15 million.
RECOMMENDATION:
THAT up to $15 million of borrowing in 2018 be authorized through the necessary by-
law.
All of which is Respectfully Submitted Approved for Submission
Jim Bundschuh Julie Gonyou
Director of Financial Services Chief Administrative Officer
152
w, rmllllyij J
flgin
1 wrae'h 4dWer 1M',r REPORT TO COUNTY COUNCIL
bFCr
FROM: Jim Bundschuh, Director of Financial Services
DATE: December 11, 2017
SUBJECT: POA Court Facilities
INTRODUCTION:
In the "Provincial Offences Act (POA) Facilities and Prosecution" report to Council dated
August 23, 2017 council approved:
THAT staff be directed to proceed with architectural services to refine the POA facility
needs (one court room and POA/legal offices) and prepare construction drawings and
cost estimates for council's consideration.
The preliminary drawings and cost estimates have now been completed.
DISCUSSION:
A budget of $3 million was previously established for this project. Cost estimated by
Ventin Group, plus their consulting fee (7.7%), permits and taxes is as follows:
Base Cost
Permits
Ventin Group
Subtotal
HST Unrebated
Total
3,157,328
20,000
243,114
3,420,442
60,200
3,480,642
Cost are almost $481,000 over the $3 million that was previously set aside for the
project. Staff worked closely with the architect during the course of the design phase to
ensure an efficiently designed layout to minimize costs; however, four years of
construction cost inflation combined with the more expensive finishes required for a court
facility (court chamber, prisoner cells to the standards to meet the Province of Ontario
Architect Design Standard for Courthouse as issued by the Ministry of the Attorney
General) has resulted in construction costs of approximately $330 per square foot. Staff
is recommending that reserves be drawn upon to fund the incremental $481,000 required
to complete the project, and that future capital surpluses will be drawn upon to replenish
those reserves.
If the project is to proceed, the next step is to issue Request for Pre -Qualification on
December 18 to short-list construction contractors. Tenders will be sent to the short-
listed contractors in February 2018, with selection of the successful bidder in March.
Construction would begin in April 2018 with completion by mid -year 2019.
153
RECOMMENDATIONS:
THAT $481,000 be added to the Provincial Offences Act (POA) Facilities project for
Council deliberation as part of the 2018 Capital Budget process; and,
THAT the Warden and CAO be authorized to sign an amended contract with +VG
Architects (The Ventin Group Ltd.) as the prime architect for the Provincial Offences Act
(POA) Facilities project for design, engineering, tendering and contract administration
services at a total fee of 7.7% of total project costs or an upset limit of $244,000, plus
HST; and,
THAT a Request for Pre -Qualification be issued for Construction Contractors for the
Provincial Offences Act (POA) Facilities.
All of which is Respectfully Submitted Approved for Submission
Jim Bundschuh Julie Gonyou
Director of Financial Services Chief Administrative Officer
154
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REVISIONS
NO.
DATE
PARTICULAR
1
2017.10.02
ISSUED FOR CLIENT REVIEW
2
2017.10.20
ISSUED FOR CLIENT REVIEW
3
2017.10.26
ISSUED FOR CLIENT REVIEW
4
2017.1 1.06
ISSUED FOR CLIENT REVIEW
5
2017.1 1.15
ISSUED FOR CLIENT MEETING
6
2017.1 1.27
ISSUED FOR CLIENT MEETING
5
2017.12.05
ISSUED FOR CLIENT REVIEW
6
2017.12.08
ISSUED FOR CLIENT REVIEW
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2
2017.10.20
ISSUED FOR CLIENT REVIEW
3
2017.10.26
ISSUED FOR CLIENT REVIEW
4
2017.1 1.06
ISSUED FOR CLIENT REVIEW
5
2017.1 1.15
ISSUED FOR CLIENT MEETING
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ISSUED FOR CLIENT REVIEW
2
2017.10.20
ISSUED FOR CLIENT REVIEW
3
2017.10.26
ISSUED FOR CLIENT REVIEW
4
2017.1 1.06
ISSUED FOR CLIENT REVIEW
5
2017.1 1.15
ISSUED FOR CLIENT MEETING
6
2017.1 1.27
ISSUED FOR CLIENT MEETING
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2017.12.05
ISSUED FOR CLIENT REVIEW
6
2017.12.08
ISSUED FOR CLIENT REVIEW
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ADMINISTRATION/ RECEPTION
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ENTRY jj SECURE SPACE
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PROSECUTION
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THE V E NTI N GROUP LTD
50 Dalhousie Street
Brantford, Ontario, Canada
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Elgin County POA
»
December 14, 2017
PRELIMINARY ODER OF MAGNITUDE COST
Total Construction Area
9,518 square feet
•
Division 1 -General Conditions
9,518 sf
@ $
$35.00 /sf
$333,130.00
•
Division 2 -Site Work
9,518 sf
@ $
$25.00 /sf
$237,950.00
•
Division 3 -Concrete
9,518 sf
@ $
$22.00 /sf
$209,396.00
•
Division 4 -Masonry
9,518 sf
@ $
$15.00 /sf
$142,770.00
•
Division 5 -Metals
9,518 sf
@ $
$12.00 /sf
$114,216.00
•
Division 6 -Carpentry
9,518 sf
@ $
$5.00 /sf
$47,590.00
•
Division 7 -Building Envelope
9,518 sf
@ $
$55.00 /sf
$523,490.00
•
Division 8-Doors/Windows
9,518 sf
@ $
$20.00 /sf
$190,360.00
•
Division 9 -Finishes
9,518 sf
@ $
$25.00 /sf
$237,950.00
•
Division 10 -Specialties
9,518 sf
@ $
$3.00 /sf
$28,554.00
•
Division 11 - Equipment
9,518 sf
@ $
$4.00 /sf
$38,072.00
•
Division 12 - Furnishings
9,518 sf
@ $
$15.00 /sf
$142,770.00
•
Plumbing
9,518 sf
@ $
$15.00 /sf
$142,770.00
•
HVAC
9,518 sf
@ $
$25.00 /sf
$237,950.00
•
Electrical
9,518 sf
@$
$20.00 /sf
$190,360.00
•
Generator
$80,000.00
•
Cash Allowances
$120,000.00
•
Contingency Allowance
$140,000.00
SUBTOTAL $3,157,328.00
* NOT INCLUDED IN COST ESTIMATE:
applicable taxes, permits, consulting fees
Expected cost/sf range between $320/sf to $400/sf based on recent tender of similar projects, reference to RS Means and Hanscomb
publications.
IIN714
Items for I nfo rm a ti q n (Consent Agenda); — (Aftc h od)
Kelly Gillis, Interim Go -Chief Executive Officer, Souith West LHIN advising of:
a)
Elgin Manr 2018 Short Stay Bed(s) Approval effective Jan, 1, 2018 — Dec, 311, 2018
b) Boblier Villa 2013 Short Stay Bed(s) p,roval effective Jan. 1, 2018 — Dec, 31, 2018,
c) Terrace Lodge 2018 Short Stay Bed(s).Approval effective Jam 1,x:918 — Dec. 31, 2018
2, Dan MatWeson, Chair, MPAC Board of Directors advising ofapproval of the 2018
bUdget and mun[clip al levy
159
November 28, 201'
am=
fill -k#41, xrfl�
Elgin Manor
392,62 Fingal Une
St.Thomas ON N5P3S5
2018, shotit Stay Bed(s) Approval"
20QUM% MMIK "All 10 AA
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fell, 619-03M
Fix 619-472- 006
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Should you reqLfire any,further lini, ion or d1affication, please contact B'IU Thomes, Financial
Ariallyst st bjuJhomas@l,hJns.cn.,ca.
pigliqlel 11 11 1 liq I Ii 11111 Ill 1! 1
Iffis IMPORalli'lliu d-li lin y4ur U-1AIW1,11-11111illy 11,11C r1al$111i I* OFFIT41VIC iffill
South West LHIINI.
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2018 ShortStay d(s,) Approval
NoVaMber 20, 2017
Page 2
Sincerely,
66'l
Kelly Gillis
Interim Co -Chief Executive Officer
co, Jt&e Gonyou, Chief Administrative Officer, Elgin Manor
Andrew ChunlIall, Acting Bowd Chair, South Wast LHIiN
Peggy Skipper, Manager, Compliance and Inspection, Nnistry of'Hbalth and Long -Term
Care, LorWon
iChandike Tennakoon, Finance Manager, Financial Management Branch, Ministry of, Health
and Long -Term Care
Joyce Fang, (A) Finance Manager, Financial Management Branch, Ministry of Health and
Long -Term Care
JI m Yuill, D! rector, R n ancial Mbn agement Branch, Mli nistry of Health and LongJerrn Care
Donna 1,adouceur, Interim. Co -Chief E xecutive Officer, South West LH i N
Mark, Brintneli. Woe President, Quality, Perfbrm ance and Accountability, South West LHIN,
MEMBUM
161
Wbier Villa
I Bobler Lane
'buittot #VJ VOL UD
2018 Short Stay Be d(s) Approva I
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Care at a later date. We tiust this approval w0l assist you In meating the Imimied[ate needt for this
service.
I I =17
required.
Shoutd you require any further Informationi or, derificatlon, please cclntact Bjiju Thomas,, Financlar,
AnOyst at Miathomas@lhins-on.ca.
Imb-, TMpTria rn reso I I co 471-716 In y1*11T cul
Souft, We st LW � U �
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. . .. . .. . .. . .. . .. . .. . .. . .. . . .. . .. . .. . .. . .. ...... . .....
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2 01 B Sha rt Stay Hed(s) Approval
Noveinber, 28,2017
Pogo 2
Sincerely,
Kelly Gilhs
Interim Co -,Chief Executive Officer
ca, Julie Gonyoui, ChlefAdministrative Offibeir, Bobijer Villa
Andrew Chunilall, Acting Board C:hal'r, South West LHIN
Peggy Skipper, Manager, CoNance and Inspection, Ministry of Health and' Loing-Term
Care. London
Chandike Tennakoon. Finance Manager, Financial', Management Branch, KnIstry of Health
and Lcxng-Term Care
Joyce Feng, (A) Finance, Manager, Financial Management Branch, MWstry of Health, and
Long -Term Care
Jim Yiufll, Director, Rnancial Management, Branch, Ministry of, Health and Long -Term Care
Donna Ladouceur, Interim Co -Chief Executl
Ive, Officer, South West LHIN
Mark Bidatnell, Vice PresIdent, Qualfty, Performance and AccountaVility, SouthWest LHI�N
LHN18-04A
163
December 1, 2017
Rhonda Duffy,
Terrace Ledge
475 Talbot Street East
Aylmer ON N51 -13A5
Re: 2018 Short S� Bed(s) Approval
20 q I'A", 113 Milue, -u* "(0,
Lc,fl Ma CN MA I J I
"r ei 5 1 9 - 4, 7 4M
AW411-5146
rox 519-472-4045
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1FROV 237
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Further to,our telephone coversation, the, South West Local Health Integration Network (LHIN)
wishes to confirm that your one (1) short stay respite mate bed will convert backto long "
eff January 1, 2018 underthe Short Stay �Respile Bed Proi ram,, You are, to notify the L,HIN
when the tong stay bed becomes vacant. You'will now have I maleffemdle, non -secure, private
short, stay respite bed.
. . . . . . . . . . .......
by Decernbor 10, 2017.
Igo,
required,
Should, you require any furth:er infortnaffion or clarification, please contact Biju Thomas, Financov.
Analyst at bljju,thomas@Ih1ns,on.ica.
PlIplor yot ano J4.11T $14 1*1 YVMT Cr4
this, �mportant resource avaRable in your community and helping to improve health care withlin the
South West LHIN.
LHINI:4_084A ..2
..........
164
Wal HtAlth Intogr0on
Histau local dInt6graflan
des selvkes de suntit
Docamborl. 20117
Page 2
Sincerely,
Kelily Gillis
linterilin Co -Chief Executive Officer
ce: Juille Gonyou, Chief' Administrative Officer, County of, Eliqln
Andrew chunflatt, Acting Board Chai , r,, South West LHIN
Re ggy Skip per, Manager, Comol iance and Inspectio n, Miniii stry iof Health and Long -Term
Care, London
Chandlike Tennakoon. Finance Manager, Financial Management Branch, Ministry of Health
and Long -Term Care
Joyce Feng, (A) Finance Manager, Financial Management Branch, Ministry of Health and
Long-T,enn Care
I
Arn YuIll, D rector, Financial Management Branch, Ministry of Health and Long -Term Care
0 onna Ladouceur, I interim Co -Chief Executive Officer, South, West L,H I N
Mark Brirl Vice President, Quality, Performance and Accountability, South West LHIN
pill
eill FA
Legal Name: The Corporation ofthe County Alf Elgin
Firganization Namw Terrace Lodge
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165
MUWCJPAL PROPERTY ASa[�SSMCMT rC)RPURATION
December 6, 2017
To, flea& Of COMIC0 Of MUniCipal Bill[ng Pairrnmls
Frorn: Dan Mathieson, Chair, rVVAC Board of Directors
UM32EELEMEMIM
on behalf of the Munic[pal P rope rty Assess rnent Corporation (MPAQ, I would like to advise you
that the Board of Directors has approved the corporation's 2018 budget in support of their
2017-2020 Strategic and Niancial Plan. The approved levy increase for 201 ,8, is 2,65% which Is
consistent with the levy incrpa5e approved for 2017.
The Board's approval of the. 201.8 budget and rrunicipal levy will allow l" PAC invest in its
core operatlions to deliver tl-e. new Service Level Agreeme nt (SLA) The jointly developed SLA
estabhshe� fail" orlearlinefiAl a,nd aChi(1VJbIe PVrfor(nanCe standlords for os,5e5.5rnent services that
municipalities and L,�xpayers rely on rno,5t, Cur inve5tment will also support the new
Assessment Review Broard (ARB) process and continue to build and maintain its service delivery
rn od a 1.
With this approval, the Board is comrYfltted to ensuring POPAC continues to, best serve their
rnunl�clpal partners, and the property owners of Ontario,. while providing, the SUPPM't their
employees need to deliver the highest standards of service and experUse.,
Assessmen t Rolf Stabo'lity & PreffictablUty
Looking towards Z018, the requirement for MIPAC to support and respond to the ARB'S
cornmitment to improve the appeals process played a critical male in the Board"s revlew. Next
year, the ARB gill condniue implementing a strategy to e1minate backlogs and complete
appeals within the assessmient cycle, whl�chi Mill have. a direct impact on, MPAC's staffing and
re5ources. We boliove the work ondertaken by the ARB will continuo to support stability and
predictability, 0 Ontario's, property assessment and taxation system,
A stable and predictabip assessment base is important to the Board and the initilatives
mplementedfor the 2016 Assessment Update, such as disclosure, pre -roll discussions and the
extensive Outreach activities, is a reflection of our commitment, Taking this approach forward'
and building on it for the 2020, Assessment Update will] require the establishment of a reserve
Fund, This requIlrement is also reflected in the 2018, kidget
0I fice or I I IV Chm I - dc M (I nicipall I I roper(y A�5msnvnt (
1340 Ili ckor'irg Pakway, Sidle 1, 0 1, Pickering, Ontario t, IV MA
'I I'� 51971.0250ext 236 F: 905.831.,0040 www.nipac.ca
166
H e ads of Co u in d I of, M u, in id paIl B i I ll, ng Pa rt ne irs,
Decernber .5, 2017
Page 2 of 2
In 2-019, MPAC ~mill! contInue W intrAtice the SLA to municipalities across the province. The
annual budget reflects the need for the right number of seNor valuation staff in field to ri
the dernands of our workload', prograrns to ensure the quality and consiistency of ouir data, and
continued growthto build our pool of accredited valuation, professionals.
T'he levy amount for each municip-ahty is determined by the levy forri clontained, within the
APPA dict and will be fina6zed following the, delivery of the 2017 Arise, srnent Kahl.
Municipalftles can expect to, receive additional details in December w4h finaill statements sent in
January 2018.
Questions about, MRACs 20,18 budget and muniiciipal levy should be directed to Rose McLean,
President and Chief AdMinii5trative Officer, or Cada Y. Nell, Vice -President, Municlpai and
Stakeholder Relations,
YOUrs truly,
i Mathieson
CWii MPAC Hoard of Directors
CopV Chief Administrative Officers, Chief Financial Officers, Clerks &'1"reasurer.9 of Municipal
1301ing Partners
MPAC Band of Directors
Rose McLean
Carla Y, Nell
Write Of 11ac chair ac, NI unicipa.11 PA)poity Assessment Corpmution
13w40 1'1[ckcr;rgy 111' Firk,way, Stdic tO I, I ` ickering, Ontark) LI V 0('4
T� 519',271.0250mli236 F� 9058311)040 mvw.m,pacxa
167
COUNTY OF ELGIN
By -Law No. 17-41
"BEING A BY-LAW TO AUTHORIZE THE WARDEN AND THE TREASURER TO
BORROW UP TO THE SUM OF FIFTEEN MILLION DOLLARS"
WHEREAS pursuant to Section 407 of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, the Council of the Corporation of the County of Elgin deems it necessary to borrow
up to the sum of Fifteen Million Dollars ($15,000,000.00) to meet, until the taxes are collected,
the current expenditures of the Corporation for the year; and
WHEREAS the total of amounts previously borrowed under Section 407, that have not
been repaid are nil; and
WHEREAS the amount of the estimated revenues of the Corporation as set out in the
estimates adopted for the current year and not yet collected (or, if the same have not yet
been adopted, the amount of the estimated revenues of the Corporation as set forth in the
estimates adopted for the next preceding year) is Sixty -Five Million, Five Hundred and
Thirteen Thousand, and Two Hundred and Seventy -Five Dollars.
BE IT THEREFORE ENACTED by the Municipal Council of the Corporation of the
County of Elgin -
1 .
lgin:
1. THAT the Warden and the Treasurer or the Deputy Treasurer of the Corporation are
hereby authorized on behalf of the Corporation to borrow from time to time, by way of
promissory note, from the Bank of Montreal, a sum or sums not exceeding in the aggregate
Fifteen Million Dollars ($15,000,000.00) to meet, until the taxes are collected, the current
expenditures of the Corporation for the year, including the amounts required for the purposes
mentioned in subsection (1) of the said Section 407, and to give, on behalf of the Corporation,
to the Bank a promissory note or notes, sealed with the corporate seal and signed by them for
the moneys so borrowed with interest at a rate not exceeding Prime per centum per annum,
which may be paid in advance or otherwise.
2. THAT all sums borrowed from the said Bank, for any or all of the purposes mentioned in
the said Section 407, shall, with interest thereon, be a charge upon the whole of the revenues
of the Corporation for the current year and for all subsequent years, as and when such
revenues are received.
3. THAT the Treasurer or the Deputy Treasurer is hereby authorized and directed to apply in
payment of all sums borrowed pursuant to the authority of this By -Law, as well as all the other
sums borrowed in this year and any previous years, from the said Bank for any or all of the
purposes mentioned in the said Section 407, together with interest thereon, all of the moneys
hereafter collected or received on account or realized in respect of the taxes levied for the
current year and preceding years and all of the moneys collected or received from any other
source, which may lawfully be applied for such purpose.
4. THAT this by-law takes effect and comes into force on January 1St, 2018.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 14TH DAY OF
DECEMBER 2017.
Julie Gonyou,
Chief Administrative Officer.
1YJFTfi oW,I
COUNTY OF ELGIN
By -Law No. 17-42
"BEING A BY-LAW TO APPOINT INDEPENDENT RESOLUTIONS INCORPORATED
AS THE INTEGRITY COMMISSIONER, CLOSED MEETING INVESTIGATOR AND
OMBUDSMAN FOR THE COUNTY OF ELGIN PURSUANT TO SECTIONS 8, 9, 10, 11,
223.3, 223.13 AND 239.2 OF THE MUNICIPAL ACT, 2001, S.O.2001, C.25,
AS AMENDED"
WHEREAS Section 223.3 of the Municipal Act, 2001, as amended, authorizes a
municipal council to appoint an Integrity Commissioner who is responsible for performing
in an independent manner functions related to the Code of Conduct of members of council
and local boards; and,
WHEREAS Section 223.13 of the Municipal Act, 2001 as amended, authorizes a
municipality to appoint an Ombudsman who reports to council and whose function is to
investigate in an independent manner any decision or recommendation made, or act done
or omitted in the course of the administration; and,
WHEREAS Section 239.2 of the Municipal Act, 2001 as amended, authorizes a
municipality to appoint an Closed Meeting Investigator who has the function to investigate
in an independent manner, a complaint made to him or her by any person, whether the
municipality or a local board has complied with section 239 or a procedure by-law under
subsection 238 (2) in respect of a meeting or part of a meeting that was closed to the
public, and to report on the investigation; and,
WHEREAS such services shall be undertaken by an Integrity Commissioner, Closed
Meeting Investigator and Ombudsman appointed by the County, pursuant to Sections 8, 9,
10, 11, 223.3, 223.13, 239.2 of the Act; and
WHEREAS the County deems it advisable to appoint Independent Resolutions
Incorporated as Integrity Commissioner, Closed Meeting Investigator and Ombudsman to
perform these services for a three-year term commencing on January 1, 2018 with the
option to renew for two additional years; and,
WHEREAS Independent Resolutions Incorporated has expressed interest in
providing services to the County and its constituent municipalities acting as Integrity
Commissioner, Closed Meeting Investigator and Ombudsman on the terms and conditions
as agreed from time to time and under written agreement in the form and of the content
attached as Schedule "A" hereto;
NOW THEREFORE BE IT RESOLVED THAT the Municipal Council of the
Corporation of the County of Elgin hereby enacts as follows -
1 .
ollows:
1. THAT, subject to execution of the agreement attached as Schedule "A" hereto,
Independent Resolutions Incorporated is hereby appointed as Integrity Commissioner,
Closed Meeting Investigator and Ombudsman for the County of Elgin to perform those
functions set forth in Sections 223.3 through 223.6, 223.13 through 223.17, and 239.1
(1-11) of the Municipal Act, 2001 (Ontario) including but unlimited to:
a) Advice as to the application of the Code of Conduct, the Municipal Conflict of
Interest Act, and any related procedures, rules, and policies governing the ethical behavior
of members of council and local boards;
b) Conducting inquiries in respect of any requests alleging contravention of the
Code of Conduct, the Municipal Conflict of Interest Act and/or any other procedures, rule
or policy governing the ethical behavior of members of council and local boards;
169
2
c) Conducting inquiries in respect to the municipality or local boards' compliance
with section 239 in respect of a meeting or part of a meeting that was closed to the public
and in respect to any decision or recommendation made, or act done or omitted in the
course of the administration;
d) Reporting to council for the Corporation of the County of Elgin as to activities as
Integrity Commissioner, Closed Meeting Investigator and Ombudsman, including but not
limited to reports as to the results of any inquiry into alleged contravention and/or an
annual report of activities as Integrity Commissioner/Investigator/Ombudsman; and,
e) Educating members of council, members of local boards, the municipality and
the public about the municipality's code of conduct for members of council and members of
local boards and about the Municipal Conflict of Interest Act.
2. THAT this by-law shall come into force and take effect on January 1, 2018.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 14TH DAY OF
DECEMBER 2017.
Julie Gonyou,
Chief Administrative Officer.
170
Warden.
uIage 11
Schedule "A"
By -Law No. 17-42
MUNICIPAL OMBUDSMAN, CLOSED MEETING INVESTIGATOR AND
INTEGRITY COMMISSIONER AGREEMENT
MEMORANDUM OF AGREEMENT effective the 1St day of January, 2018.
BETWEEN:
CORPORATION OF THE COUNTY OF ELGIN
(hereinafter, the "County"")
�'�
OF THE FIRST PART
INSERT NAME OF INDEPENDENT INVESTIGATOR
(hereafter, the "Municipal Ombudsman, Closed Meeting Investigator and Integrity
Commissioner" or the "Independent Investigator")
OF THE SECOND PART
(hereinafter, collectively referred to as the "Parties")
WHEREAS:
A. Elgin County and Middlesex County issued a joint Request for Proposals (Reference No.
ADM 2017-1) to seek out and retain the services of a combined Municipal Ombudsman,
Closed Meeting Investigator, and Integrity Commissioner for each of the said municipal
corporations;
B. Section 223.13(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended (the "Act's,
authorizes municipalities to appoint an Ombudsman (hereafter, "Municipal Ombudsman")
who reports to council and whose function it is to investigate in an independent manner any
decision or recommendation made or act done or omitted in the course of the administration
of the appointing municipality, its local boards and specified municipally -controlled
corporations;
C. Section 239.2(1) of the Act authorizes a municipality to appoint an investigator (hereafter,
Closed Meeting Investigator") who has the function of investigating in an independent
manner upon a complaint made to him or her by any person, whether a municipality or local
board has complied with Section 239 of the Act or a procedure by-law under subsection
238(2) of the Act in respect of a meeting or part of a meeting that was closed to the public,
and to report on such investigation;
D. Section 223.3(1) of the Act authorizes a municipality to appoint an Integrity Commissioner
(hereafter, "Integrity Commissioner") who reports to council and who is responsible for
performing in an independent manner functions assigned by the municipality with respect to,
(a) the application of the code of conduct for members of council, its local boards and/or their
committees;
(b) the application of procedures, rules and policies governing the ethical behavior of
members of council, its local boards and/or committees; or
(c) both of clauses (a) and (b).
E. Sections 223.13(2), 239.2(2) and 223.13(2) of the Act provide that a Municipal Ombudsman,
Closed Meeting Investigator and Integrity Commissioner may exercise the powers and
perform the duties assigned to him or her by the appointing municipality;
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F. Sections 223.13(10), 239.2(8) and 223.4(1) of the Act provide that a Municipal Ombudsman,
Closed Meeting Investigator and Integrity Commissioner are not required to be an employee
of the appointing municipality;
G. Section 223.4(5) of the Act does not preclude a municipally -appointed Integrity Commissioner
from recommending to council such remedial measures other than those measures listed in
223.4(5) to carry out the objectives of the procedures, rules and policies governing the ethical
behavior of members of council and/or local boards, so long as such measures are not
penalties and do not constitute offences;
H. (Number in words) # local municipalities, being , (insert list) located
within the territorial limits of Elgin County believe it to be in the public interest to engage in
cooperative purchasing with respect to a Municipal Ombudsman, Closed Meeting Investigator
and Integrity Commissioner and have agreed to be responsible for the payment of the Annual
Retainer for any participating local municipality for services within their respective geographic
jurisdiction. Payment by participating local municipalities will be confirmed by a separate
agreement as between the participating local municipality and the Municipal Ombudsman,
Closed Meeting Investigator and Integrity Commissioner which sets out the terms and
conditions for service and payment of the hourly rate and disbursements in substantially in
the same form as this Agreement;
I. The County, on its own behalf and, to the extent set forth below, on behalf of the local
municipalities identified above, deems it desirable and appropriate to appoint (Insert Name of
Independent Investigator) as its respective Municipal Ombudsman, Closed Meeting
Investigator and Integrity Commissioner on an as needed basis, who may exercise the
powers and perform the duties assigned to him, as set out in this Agreement;
J. (Insert Name of Independent Investigator) has the skills, abilities, and has consented to act as
the Municipal Ombudsman, Closed Meeting Investigator and Integrity Commissioner pursuant
to the terms and conditions set out in this Agreement; and
K. In appointing (Insert Name of Independent Investigator) as Municipal Ombudsman and
assigning powers and duties as set out in this Agreement, the County has had regard to the
importance of the matters set out in section 223.13(5) of the Act, as required by section
223.13(3) of the Act.
NOW THEREFORE, in consideration of payment of the sum of ONE DOLLAR ($1.00) now paid
by each Party hereto to the other such Party and the mutual covenants and obligations set forth
herein, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties
hereto agree as follows:
Interpretation
1.1 The above recitals are true and are hereby incorporated into this Agreement by
reference.
1.2 For the purposes of this Agreement, "committee" and "local board" shall have the
meanings as defined in section 1(1) of the Act, as amended or replaced.
1.3 For the purposes of this Agreement, "inquiry(ies)" shall have the meaning as defined in
the Public Inquiries Act, 2009, SO 2009, c 33, Sch 6, as amended or replaced.
1.4 In this Agreement, "Communication" means any notice, demand, request, consent,
approval or other communication which is required or permitted by this Agreement to be
given or made by a party.
2 Appointment and Powers
1.2 Pursuant to the authority vested in sections 223.13(1), 239.2(1) and 223.3(1) of the Act,
the County hereby appoints (Insert Name of Independent Investigator) as its respective
Municipal Ombudsman, Closed Meeting Investigator and Integrity Commissioner
(hereafter, collectively referred to as the "Independent Investigator"), who may
exercise the powers and perform the duties assigned to him below:
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Page 13
1.2.1 In the role of Municipal Ombudsman, the Independent Investigator shall on an as
needed basis and upon receipt of a request, investigate and report to County
Council in an independent manner on any decision or recommendation made or
act done or omitted in the course of the administration of the County and its local
boards, excluding the Elgin St. Thomas Health Unit, in accordance with section
223.13(1-2) of the Act.
1.2.2 In the role of Closed Meeting Investigator, the Independent Investigator shall on
an as needed basis and upon receiving a complaint by any person, investigate in
an independent manner, any meeting or part of a meeting of the County and its
local boards, excluding the Elgin St. Thomas Health Unit, that is closed to the
public in accordance with section 239.2(1-2) of the Act; and
1.2.3 In the role of Integrity Commissioner, the Independent Investigator shall in
accordance with sections 223.3(1-2) of the Act:
(a) upon receiving a request by County Council, a member of County Council,
the County Clerk or a member of the public, conduct inquiries in an
independent manner with respect to adherence to the procedures, rules and
policies of the County and the County's local boards, excluding the Elgin St.
Thomas Health Unit;
(b) upon request made by County Council, a member of County Council or a
member of the public, conduct inquiries in an independent manner with
respect to the ethical behaviour of Councillors and Members of County
Council and the County's local boards, excluding the Elgin St. Thomas
Health Unit, in accordance with section 223.4 of the Act; and
(c) following any inquiry conducted pursuant to section 2.1.3(a -b) above, make a
report and recommendations to County Council or local boards as
applicable; and,
(d) without limiting that set forth above or herein and in respect of any such
applicable inquiry:
(i) the Independent Investigator, when conducting an inquiry in accordance
with section 2.1.3(b) of this Agreement and section 223.4 of the Act,
shall treat the procedures, rules and policies of the County and its local
boards as part of the code of conduct applicable for the purposes of
carrying out inquiries.
(ii) Following an inquiry pursuant to 2.1.3(b) herein and section 224.4 of the
Act, the Independent Investigator may make recommendations to
council and/or local boards, as set out in subsection 223.4(5) of the Act
and in addition, may recommend to County Council and the County's
local boards at his or her discretion, such other remedial measures
(including but not limited to apologies, return of property, etc.) necessary
to carry out the objectives set out in the procedures, rules and policies,
so long as such remedies are not penalties and do not constitute
offences do not provide that any Councilor or member is guilty of an
offence.
1.3 In addition to and in furtherance of the appointments and powers provided to the
Investigator in section 2.1 above, the County hereby confirms that the Independent
Investigator shall have the powers set out in Schedule "A" in his role as Ombudsman,
the powers set out in Schedule "B" in his role as Close Meeting Investigator, and the
powers set out in Schedule "C" in his role as Integrity Commissioner.
2.3 The County shall provide to the Independent Investigator the following documents for
the County and its local boards:
2.3.1 A certified copy of the County's procedural by-law;
2.3.2 A certified copy of the County's notice by-law;
2.3.3 A certified copy of the procedures, rules and policies of the County and the
County's local boards;
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2.3.4 A listing of applicable local boards subject to this Agreement; and
2.3.5 A certified copy of the County's Council Code of Conduct.
3 Process and Duties
3.1 Every request for an investigation or inquiry of: (a) any decision or recommendation
made or act done or omitted in the course of the administration of the County or its local
boards; (b) any meeting or part of a meeting of the County or its local boards that is
closed to the public; (c) adherence to the procedures, rules and policies of the County or
its local boards, or (d) the ethical behavior of members of County Council or the
County's local boards, shall:
3.1.1 Be directed to the Independent Investigator;
3.1.2 Be in writing;
3.1.3 Include the reasons for the request;
3.1.4 Be signed; and
3.1.5 Include an address and telephone number of the person making the request or
complaint.
Should a request for an investigation or inquiry noted in section 3.1(a) -(d) be received
by any other person employed by the County other than the Independent Investigator,
that person shall forthwith notify the County Clerk who shall provide the requesting party
with the contact information of the Independent Investigator so that the requesting party
may make the request directly to the Independent Investigator.
3.2 Upon receipt of a request for investigation or inquiry, the Independent Investigator will
be provided immediate access to the following information by the County Clerk or any
other Department Head that the Investigator deems appropriate:
3.2.1 The original request or complaint;
3.2.2 A contact list for all members of County Council or local board relevant to the
request or complaint; and
3.2.3 Such other information or documentation that the Independent Investigator or
Independent Investigator's Delegate may from time to time deem relevant to the
investigation or inquiry.
3.3 The Independent Investigator shall fulfill the following duties:
3.3.1 To conduct investigations and inquiries from time to time upon receipt of a
request to determine compliance with the Act;
3.3.2 To report in writing on such investigations to County Council and local boards of
the County, as applicable;
3.3.3 To proceed without undue delay and with due diligence to investigate a
complaint, and to consider time to be of the essence with any and all
investigations or inquiries;
3.3.4 To proceed to investigate a complaint impartially and independently of the
County and its local boards;
3.3.5 To hear or obtain information from such persons in accordance with the Act;
3.3.6 To preserve the confidentiality of all matters of any investigation or inquiry that
require secrecy, save and except disclosure of such matters permitted by the Act
to establish grounds for report conclusions and/or recommendations;
3.3.7 To properly apply the doctrine of legal privilege, as applicable to County
Councillors and members of local boards;
3.3.8 If at any time during the course of an investigation or inquiry it appears to the
Independent Investigator that there may be sufficient grounds for a report or
recommendation that may adversely affect the County, a local board of the
County, a County Councilor, a municipally -controlled corporation or any other
individual person, the Independent Investigator shall give County Council the
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uIage 15
local board, or the individual an opportunity to make representations respecting
the adverse report or recommendation, either personally or by counsel;
3.3.9 To draft written report to County Council and/or local board, as applicable, with
appropriate recommendations; and
3.3.10 To dismiss complaints that are without merit or deemed to be vexatious and
prepare a report confirming the non -meritorious nature of such complaints.
3.4 Without limiting and in addition to the duties provided for in section 3.3 above, the
County hereby confirms that the Independent Investigator shall be subject to the rules
and shall have the duties set out in Schedule "A" in his role as Ombudsman, set out in
Schedule "B" in his role as Closed Meeting Investigator, and set out in Schedule "C"
in his role as Integrity Commissioner.
3.5 Upon receipt by the County or a local board, a report of the Independent Investigator
shall be part of the public record.
4 Fees
4.1 The County shall pay the Annual Retainer of (numerical dollars) ($_._) for the
County and any participating local municipality located within the geography of
Middlesex County at the rate of (numerical dollars ($_._) per municipality, per
annum.
4.2 The County shall pay the fees and expenses of the Independent Investigator at a rate of
(numerical rate ($ ._) per hour, plus applicable taxes and reasonable
disbursements, during such time as the Independent Investigator is performing the
duties set out in this Agreement. The Independent Investigator agrees that the above
rate shall be charged only for such time that he is actively investigating a complaint and
preparing/presenting a report to County Council or local board. Any participating local
municipality shall pay the hourly rate of (numerical rate ($ _ ) through a
separate agreement and in respect of services contemplated by this Agreement but
relating to matters directly involving that specific local municipality.
5 Term of Agreement
5.1 Subject to the termination and amendment provisions of this Agreement (sections 6 and
7), the term of this Agreement shall commence at 12:00 a.m. on January 1, 2018 and
expire at 11:59 p.m. on December 31, 2020 ("Term").
5.2 At least six (6) months prior to the end of the Term, the Parties agree to discuss renewal
terms. If no agreement is reached prior to the last day of the Term, this Agreement shall
expire unless the Parties mutually agree in writing to extend the negotiation period for
sixty (60) days ("Extension Period"). In the event renewal terms have not been agreed
to by the Parties at the end of the Extension Period, this Agreement shall terminate
immediately on the last day of the Extension Period.
6 Termination
6.1 This Agreement may be terminated by any party on ninety (90) days written notice to
the other party, provided that any investigations or inquiries commenced prior to the
termination date shall be completed pursuant to this Agreement and all related fees
shall be paid as set out in the Agreement.
7 Amendment
7.1 No amendment, discharge, modification, restatement, supplement, or termination of this
Agreement is binding unless it is in writing and executed by the Parties.
8 Notices
8.1 Any Communication between the Parties must be in writing and either be:
(a) delivered personally or by courier;
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(b) sent by prepaid registered mail; or
(c) transmitted by facsimile, e-mail or functionally equivalent electronic means of
transmission, and
in any such circumstances, all charges (if any) prepaid.
Any Communication must be sent to the intended Party at its address for service listed
on the signature pages of this Agreement or to any other address as any party may at
any time advise the other by Communication given or made in accordance with this
section. Any Communication delivered to a party to whom it is addressed will be
deemed to have been given or made and received on the day it is delivered at that
party's address, provided that if that day is not a business day then the Communication
will be deemed to have been given or made and received on the next business day. Any
Communication transmitted by facsimile, e-mail or other functionally equivalent
electronic means of transmission will be deemed to have been given or made and
received on the day on which it is transmitted; but if the Communication is transmitted
on a day which is not a business day or after 4:OOpm (local time of the recipient), the
Communication will be deemed to have been given or made and received on the next
business day.
9 Dispute Resolution
9.1 Upon written request to resolve any disputes arising from this Agreement which is sent
by one party to another, the parties hereby agree to resolve all disputes pursuant to this
section. Upon receipt by the receiving party of a written request to resolve disputes, the
Parties shall first attempt to resolve all disputes by way of formal negotiation between
the Parties and their appointed representatives. If the disputes cannot be settled within
thirty (30) days from the receipt of the written request to resolve disputes by the
receiving party, then the Parties shall enter into a structured negotiation on a without
prejudice basis with the assistance of a mediator appointed by them. If the disputes
cannot be settled within ninety (90) days from the receipt of written request to resolve
disputes by the receiving party, or such longer period as may be agreed to by the
Parties, the Parties shall, refer the matter forthwith to an arbitration which shall finally
resolve the dispute(s). The aforementioned arbitration shall be conducted in
accordance with the Ontario Arbitration Act, 1991, SO 1991, c 17, as amended or
replaced.
10 Assignment
10.1 The Parties agree that the Independent Investigator shall not assign or alienate, in
whole or in part, this Agreement or the power or authority granted hereunder without the
prior written approval of the County, which approval may be unreasonably withheld.
11 Entire Agreement
11.1 The Parties agree this Agreement, including any Schedule hereto, constitutes the entire
agreement and consensus between the Parties as of the date hereof. There are not and
shall not be any verbal statements, representations, warranties, undertakings, or other
agreements relating to the specific power or authorization contemplated herein as
between the Parties.
12 Severability
12.1 Each section of this Agreement is distinct and severable. If any section of this
Agreement, in whole or in part, is or becomes illegal, invalid, void, voidable or
unenforceable in any jurisdiction by any court of competent jurisdiction, the illegality,
invalidity or unenforceability of that section, in whole or in part, will not affect:
(a) the legality, validity or enforceability of the remaining sections of this Agreement, in
whole or in part; or
(b) the legality, validity or enforceability of that section, in whole or in part, in any other
jurisdiction.
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13 Governing Law
13.1 This Agreement is governed by, and is to be construed and interpreted in accordance
with the laws of the Province of Ontario and the laws of Canada applicable in that
Province.
14 Counterparts
14.1 This Agreement may be executed and delivered by the Parties in one or more
counterparts, each of which will be an original, and each of which may be delivered by
facsimile, e-mail, or other functionally equivalent electronic means of transmission, and
those counterparts will together constitute one and the same instrument.
15 Enurement
15.1 The Parties hereto agree that this Agreement shall enure to the benefit of and be
binding upon the Parties hereto and their respective heirs, executors, administrators,
and assigns.
IN WITNESS WHEREOF this Agreement has been executed by the Parties hereto on the date(s)
set out below and the Parties agree that this Agreement shall be effective on the date set out at
the top of page one (1) of this Agreement.
Address for Service-
Attn: County Clerk
Elgin Administrative Building
450 Sunset Drive
St. Thomas, ON N5R 5V1
Address for Service:
ON
CORPORATION OF THE COUNTY OF ELGIN
Per:
Per:
Date: December—, 2017
Name:
Position: Warden
Name: Julie Gonyou
Position: Chief Administrative Officer
We have authority to bind the Corporation
INSERT NAME OF INDEPENDENT INVESTIGATOR
Per:
Date: December—, 2017
Name:
Position:
I have authority to bind the Corporation
177
Initials
CLOSED MEETING AGENDA
December 14, 2017
Council & Staff Reports:
1) Councillor Wiehle —Municipal Act Section 239.2 (d) labour relations or employee
negotiations —Intergovernmental Partnership Agreement (Verbal)
2) Chief Administrative Officer —Municipal Act Section 239.2 (b) personal matters
about an identifiable individual, including municipal or local board employees —
Organizational Update (Verbal)
3) Chief Administrative Officer — Municipal Act Section 239.2 (b) personal matters
about an identifiable individual, including municipal or local board employees —
Integrity Commissioner, Closed Meeting Investigator and Ombudsman
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ElginC
ADDENDUM
FOR THURSDAY, December 14, 2017 — 9:00 A.M.
Additional By -Law No. 17-43 (attached).
179
COUNTY OF ELGIN
By -Law No. 17-43
"TO AMEND THE SCHEDULE TO BY-LAW NO. EG1 (16-11)
BEING A BY-LAW FOR THE REGULATION OF TRAFFIC"
WHEREAS pursuant to Section 210, of the Municipal Act, being Chapter M.45, R.S.O.
1990, as amended, the Council of the Corporation of the County of Elgin did pass By -Law
No. EG1 (16-11) for the regulation of traffic; and,
WHEREAS now pursuant to Section 11(2) of the Municipal Act, 2001, S.O. 2001, c.
25, an upper -tier municipality may pass by-laws respecting matters within the spheres of
jurisdiction described in the Table to this section; and,
WHEREAS said Table authorizes an upper -tier municipality to pass by-laws regulating
parking and traffic on highways; and,
WHEREAS By -Law EG1 (16-11) has been previously amended through By -Law 16-19,
and By -Law 16-27; and,
WHEREAS it was deemed necessary and appropriate to amend the distance
requirements of Schedule "A" Part "B" to By -Law No. EG1 (16-11) to restrict parking on a
section of County Road #4 (Sunset Drive).
NOW THEREFORE BE IT RESOLVED THAT the Municipal Council of the Corporation
of the County of Elgin enacts as follows -
1 .
ollows:
1. THAT Schedule "A" Part "B" of By -Law No. EG1 (16-11) be and is hereby amended by
deleting the current language of Sections 3.11, 3.12, 3.13 and 3.14 and inserting the
following distance revisions:
13.11 County Road #4 (Sunset Drive) starting 150 metres south from (Glenwood
Avenue) SPL on the west side, southerly for a distance of 2045 metres to
the NPL of County Road #45 (John Wise Line).
County Road #4 (Sunset Drive) starting 150 metres south from (Glenwood
Avenue) SPL on the east side, southerly for a distance of 2045 metres to
the NPL of County Road #45 (John Wise Line).
2. THAT this by-law shall come into force and take effect upon erection of appropriate
signage indicating said No Parking Zones.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 14TH DAY OF
DECEMBER 2017.
Julie Gonyou,
Chief Administrative Officer
:m
David Marr,
Warden