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05 - March 13, 2018 County Council Agenda Pkg.'U'iDlllr�,,, i AF I ORDERS OF THE DAY FOR TUESDAY, MARCH 13, 2018 - 9:00 A.M. ORDER 1st Meeting Called to Order 2nd Adoption of Minutes — February 13, 2018 and February 28, 2018 3rd Disclosure of Pecuniary Interest and the General Nature Thereof 4th Presenting Petitions, Presentations and Delegations DELEGATION: 9:00 a.m. Brent Smith, Elgin County Critical Incident Stress Management (CISM) Team with request for CISM Funding. (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 9th 10th 11 th 12th 13th 14th NOTICE: OTHER BUSINESS 1) Statements/Inquiries by Members 2) Notice of Motion 3) Matters of Urgency Closed Meeting Item — (see separate agenda) Motion to Rise and Report Recess Motion to Adopt Recommendations from the Committee Of The Whole Consideration of By -Laws ADJOURNMENT LUNCH WILL BE PROVIDED Deputy Warden for March Councillor Paul Ens Deputy Warden for April Councillor Dave Mennill March 27, 2018 County Council Meeting April 10, 2018 County Council Meeting June 20, 2018 10th Annual Elgin County Warden's Charity Golf Tournament — Kettle Creek Golf and Country Club Accessible formats available upon request. 1 DRAFT COUNTY COUNCIL MINUTES Tuesday, February 13, 2018 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 Marr in the Chair. ADOPTION OF MINUTES Moved by Councillor Jones Seconded by Councillor Ens THAT the minutes of the meeting held on January 30, 2018 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. DELEGATIONS Settina a New Path for Public Health in Our Communities Cynthia St. John, Executive Director, Elgin St. Thomas Public Health, with a PowerPoint presentation informing Council of the processes undertaken over the past three months and processes still to be undertaken in order to merge Elgin St. Thomas Public Health and Oxford County Public Health. Moved by Councillor Mennill Seconded by Councillor Martyn THAT the PowerPoint presentation titled "Setting a New Path for Public Health in Our Communities", from the Director of Elgin St. Thomas Public Health be received and filed. - Carried. Traffic Issues Fiona Roberts of the Belmont Community Policing Committee with a presentation outlining actions taken by the Committee in order to reduce speeds on Belmont Road (County Road 74) through Belmont and Mapleton. The Group requested that Council commit to a Community Mobilization & Engagement Committee strategy and implement a traffic calming pilot project and information gathering for 2018. Moved by Councillor Mennill Seconded by Councillor Jones THAT the presentation regarding Traffic Issues from the Belmont Community Policing Committee be received and filed; and, THAT the traffic issues and traffic calming pilot project on County Road 74 be referred to staff for review and further report to County Council including recommendation as to preferred course of action. - Carried. Moved by Councillor Wiehle Seconded by Councillor Jones THAT we do now move into Committee Of The Whole Council - Carried. County Council REPORTS February 13, 2018 Council and Outside Boards Remuneration and Expenses — Senior Financial Analvst The senior financial analyst presented the report summarizing the remuneration, mileage, and expenses including convention expenses for Council and Outside Boards in 2017. Moved by Councillor Wiehle Seconded by Councillor Jenkins THAT the Treasurer's Statement of Remuneration and Expenses for County Council for 2017 be received and filed by Council, and THAT the Treasurer's Statement for Remuneration and Expenses for Outside Boards for 2017 be received and filed by Council, and THAT the report titled "Council and Outside Boards Remuneration and Expenses", from the Senior Financial Analyst, dated January 24, 2018 be received and filed by Council. - Carried. Wonderland Road Planning Study — Acting Director of Engineering Services The acting director presented the report seeking Council's approval to negotiate a cost sharing agreement with the Ministry of Transportation to complete an EA planning study to determine a permanent solution to address traffic needs in the area of Wonderland Road and Highway #3. Moved by Councillor Jones Seconded by Councillor Mennill THAT the Ministry of Transportation be requested to enter into a cost sharing partnership to fund an Environmental Assessment Planning Study to determine a preferred solution to best accommodate traffic in the vicinity of Wonderland Road, Ron McNeil Line, Talbot Line and Ford Road. - Carried. Quarterly Information Report — Contract Awards - October 1, 2017 to December 31, 2017— Purchasing Coordinator The coordinator presented the report summarizing the contract awards exceeding $15,000 between October 1, 2017 and December 31, 2017. Moved by Councillor Jenkins Seconded by Councillor Martyn THAT the report titled "Quarterly Information Report - Contract Awards, October 1, 2017 to December 31, 2017" from the Purchasing Coordinator, dated January 26, 2018 be received and filed. - Carried. Homes — Foot Care Services — Purchasina Coordinator The coordinator presented the report recommending that Council award the contract for Foot Care Services at Elgin County's long-term care homes to Mohammed Chams for a one-year term. Moved by Councillor Jones Seconded by Councillor Martyn THAT the contract for Foot Care Services be awarded to Mohammed Chams for a one year term with the option to extend for an additional one year term; and, THAT the Warden and Chief Administrative Officer be authorized to sign the contract. - Carried. County Council February 13, 2018 2018-2019 Long -Term Care Home Services Accountability Agreement (L -SAA) — Chief Administrative Officer The Chief Administrative Officer presented the report seeking Council's authorization to enter into the Long -Term Care Home Services Accountability Agreement (L -SAA) with the LHIN. Moved by Councillor Mennill Seconded by Councillor Wiehle THAT the Chief Administrative Officer be authorized to sign the Long -Term Care Service Accountability Agreement for 2018-2019 with the Southwest Local Health Integration Network for Bobier Villa, Elgin Manor and Terrace Lodge. - Carried. Economic Development 2017 Year In Review — Marketina & Communications Coordinator The coordinator presented the Economic Development 2017 Year In Review Report. The report provided a comprehensive overview of the Economic Development and Tourism department's activities in 2017. Moved by Councillor McWilliam Seconded by Councillor Jenkins THAT the report titled "2017 Economic Development Year in Review" from the Marketing and Communications Coordinator, dated February 1, 2018 be received and filed; and, THAT the 2017 Economic Development Year in Review Report be circulated to Elgin's Municipal Partners. - Carried. New Elgin County Website Accountability Page (VERBAL) — Marketing & Communications Coordinator The coordinator presented Council with a verbal overview of the new Accountability Page on www.elgincounty.ca. This page contains links to procedures and forms related to the Integrity Commissioner, Closed Meeting Investigator and Ombudsman functions. Moved by Councillor Mennill Seconded by Councillor Jones THAT the verbal report titled "New Elgin County Website Accountability Page", from the Marketing & Communications Coordinator, dated February 13, 2018 be received and filed. - Carried. sle]: N*U[i]kiUl�ki[y� Item for Consideration 1. Dianne Wilson, Deputy Clerk/Records Management Coordinator, Municipality of Central Elgin with resolution seeking a financial partnership between Elgin County and Central Elgin to implement traffic calming measures on Belmont Road. The following recommendation was adopted in regard to Correspondence Item #1: Moved by Councillor Wiehle Seconded by Councillor Jones THAT the correspondence from the Municipality of Central Elgin be received and filed - Carried. County Council Items for Information (Consent Agenda) February 13, 2018 1. South West Local Health Integration Network (LHIN) Media Release announcing the appointment of Jim Sheppard to the Board of Directors for a 3 -year term. 2. Kelly Gillis, Interim Co -Chief Executive Officer, South West LHIN, with notices for: a) Multi -Sector Service Accountability Agreement, Local Health System Integration Act, 2006 S.20 Notice. b) Long -Term Care Home Service Accountability Agreement (L -SAA) Local Health System Integration Act, 2006 (LHSIA) S.20 Notice for Elgin Manor, Terrace Lodge, and Bobier Villa. 3. SWIFT with announcement titled "37,000 Farm Families Support SWIFT". 4. Judy Maxwell, Acting General Manager, Long Point Region Conservation Authority re: Long Point Region Conservation Authority (LPRCA) Flood Contingency Plan. 5. Sparta Public School and TVDSB's 2017 French Immersion Attendance Area Review (FI AAR) responses from: a) Jeff Yurek, MPP, Elgin -Middlesex -London b) Matt Reid, Chair, Thames Valley District School Board c) Public Confidence Report for Ontario Ombudsman Paul Dube prepared by H. Derks, Sparta PAR Committee Chair 6. County of Elgin Plank Road Reconstruction Notice of Public Information Meeting to be held on February 22, 2018 from 5:00 p.m. to 7:00 p.m. at the Vienna Community Centre. Moved by Councillor Jenkins Seconded by Councillor Ens THAT Correspondence Items #1 — 6 be received and filed. - Carried. Council recessed at 10:15 a.m. and reconvened at 10:27 a.m. REPORTS (continued) 2018 Budget — Director of Financial Services The director presented the proposed 2018 County of Elgin Budget for Council's consideration. Moved by Councillor Mennill Seconded by Councillor Jones THAT the 2018 proposed budget, which includes the operating budget, the capital budget and grants, be approved with 1.7% reduction in the tax rate resulting in a levy of $33.5 million; and, THAT the necessary by-law be prepared. - Carried Unanimously. OTHER BUSINESS Statements/Inquiries by Members Councillor Martyn raised the issue of a signage by-law giving the County authority to remove signage within the County's road allowance. County Council Moved by Councillor Mennill Seconded by Councillor Jones February 13, 2018 THAT the issue of unauthorized signs within any road allowances under the jurisdiction of Central Elgin be referred to staff, under direction of the County Solicitor, for review and further report to Council including recommendation as to preferred course of action. - Carried. Warden Marr, and Councillors McWilliam and Jones attended a public meeting organized by Jeff Yurek's Office regarding cement barriers along the 401 corridor between Windsor and London. Temporary cable barriers have been installed; however, there is a concern that these barriers will not be temporary. Cement barriers are more effective in preventing crossover of transport trucks. Moved by Councillor McWilliam Seconded by Councillor Jones THAT the Warden submit an additional letter to the Ministry of Transportation insisting the installation of cement barriers along the 401 corridor. - Carried. Notice of Motion — None. Matters of Urgency — None. Closed Meeting Item Moved by Councillor Jenkins Seconded by Councillor Ens THAT we do now proceed into closed meeting session in accordance with the Municipal Act to discuss matters under Municipal Act Section 239.2; (b) personal matters about an identifiable individual, including municipal or local board employees — Organizational Restructure. - Carried. Moved by Councillor Jenkins Seconded by Councillor Mennill THAT we do now rise and report. - Carried. Moved by Councillor McWilliam Seconded by Councillor Martyn THAT the confidential verbal report from the Chief Administrative Officer regarding Organizational Restructure proceed as directed. - Carried. Motion to Adopt Recommendations of the Committee of the Whole Moved by Councillor Jones Seconded by Councillor Ens THAT we do now adopt recommendations of the Committee Of The Whole. - Carried. County Council BY-LAWS Moved by Councillor Mennill Seconded by Councillor Jenkins February 13, 2018 THAT By -Law No. 18-06 "Being a By -Law to Provide for the Adoption of the 2018 Budget of the Corporation of the County of Elgin and to Establish the 2018 Tax Ratios, and to Establish the 2018 Tax Rates for the County Constituent Municipalities" be read a first, second and third time and finally passed. - Carried. Moved by Councillor Jones Seconded by Councillor Wiehle THAT By -Law No. 18-07 "Being a By -Law to Provide a Schedule of Services and Activities Subject to Fees and Charges by the County of Elgin and to Repeal By -Law No. 17-07" be read a first, second and third time and finally passed. - Carried. Moved by Councillor McWilliam Seconded by Councillor Mennill THAT By -Law No. 18-08 "Being a By -Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the February 13, 2018 Meeting" be read a first, second and third time and finally passed. - Carried. lel B1119111:IkiIkh1:11kikI Moved by Councillor McWilliam Seconded by Councillor Wiehle THAT we do now adjourn at 11:35 a.m. and meet again on March 13, 2018 at the County Administration Building Council Chambers at 9:00 a.m. - Carried. Julie Gonyou, David Marr, Chief Administrative Officer. Warden. DRAFT COUNTY COUNCIL MINUTES Special Meeting Wednesday, February 28, 2018 Accessible formats available upon request. The Elgin County Council met this day at the Administration Building at 2:00 p.m. All members present except Councillor Wiehle (regrets). Warden Marr in the Chair. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — None. Moved by Councillor Mennill Seconded by Councillor Jones THAT we do now move into Committee Of The Whole Council. - Carried. REPORT Update on Port Bruce Bridge — Chief Administrative Officer The Chief Administrative Officer presented the report providing Council with a background on the Port Bruce Bridge collapse, a timeline of events and summary of meetings to -date, site safety and security, and next steps. Moved by Councillor Mennill Seconded by Councillor Jenkins THAT Staff be directed to prepare a report detailing and considering all engineering and construction options including short-term and long-term solutions related to the Port Bruce Bridge and report back to Council; and, THAT Staff be directed to inform Council of preliminary engineering assessment and the dynamics of the bridge collapse once information is available; and, THAT Staff prepare a report detailing the proposed removal of the bridge structure, associated costs and safety measures and report back to Council. - Carried. Motion to Adopt Recommendations of the Committee of the Whole Moved by Councillor Martyn Seconded by Councillor Jones THAT we do now adopt recommendations of the Committee Of The Whole. - Carried. BY-LAW Moved by Councillor McWilliam Seconded by Councillor Jones THAT By -Law No. 18-09 "Being a By -Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the February 28, 2018 Meeting" be read a first, second and third time and finally passed. - Carried. County Council lelBKOII1NkiIkh1:11kikI Moved by Councillor Jenkins Seconded by Councillor Mennill February 28, 2018 THAT we do now adjourn at 2:25 p.m. and meet again on March 13, 2018 at the County Administration Building Council Chambers at 9:00 a.m. - Carried. Julie Gonyou, David Marr, Chief Administrative Officer. Warden. January 25 2018 Elgin County Clerk 450 Sunset Drive St Thomas ON N5R 5V1 Ms. Gonyou, I would like to request the opportunity to speak to County Council on behalf of the Elgin County Mutual Aid Association to request funding for the Elgin County Critical Incident Stress Management (CISM) Team. This team is currently made up of 8 firefighters from various departments within Elgin County. The team is activated by the fire chief or designate from any of the Elgin County Fire Departments when an especially traumatic incident has occurred and the firefighters of Elgin County have responded. The team typically responds to the incident or to the responding stations immediately after the incident to do a defusing of the event with all the firefighters that were on the scene at the time. This is a very brief event, typically no more than 20 minutes, to give the first responders some tools to cope with the critical incident that they just experienced. The team then re-attends the station, typically 24-72 hours after the defusing, to conduct an hour long, structured debrief of the event. These team members are trained peer support providers and are all current Elgin County firefighters with many years' experience and thousands of calls as firefighters. The team came into existence in 1999 through the efforts of then Central Elgin District Chief Allan Smith and has been operating continuously ever since. At the time, the County provided $10,000 for training. Funds have been drawn periodically over the years to train new members at a typical cost of approximately $750 per trainee. The team members give of their time and attend anywhere in the county, in their own personal vehicle and without consideration of any form of reimbursement other than the gratitude of their fellow firefighters. The current balance in the account from the initial money given by County Council is $1423.80 as of January 25, 2018. There is increased awareness in the firefighting community of the need to provide first responders with the appropriate assistance to 10 defuse any mental stress from being a witness to horrific events. With this increased awareness, there is an increased demand for members on the CISM team. We have held an information night for all interested firefighters and have identified 10 new people we would like to train to be part of the team to ease the burden on the existing team that are, at minimum, attending every other request for CISM support. WSIB and Occupational Health and Safety have identified PTSD as a job related illness and the Ministry of Labour, as of April 2017, made it mandatory that every emergency service is required to have a PTSD prevention -training program, along with a response program, designed to aid first responders to properly cope with the mental and emotional effects of these events. I would also like to add that, when we attend these events, an offer to attend the CISM session is extended to all first response partners. Police, EMS and our dispatchers have all attended in the past and benefited from these sessions. As a team, we also assisted and advised neighbouring counties in developing their own teams. Unfortunately, the frequency with which our CISM team is requested is increasing and the need to grow the team is completely necessary. I am respectfully requesting from County Council an additional $10,000 to maintain our team. Brent Smith Elgin County CISM Team Director 11 REPORTS OF COUNCIL AND STAFF March 13, 2018 Staff Reports —(ATTACHED) Chief Administrative Officer— Port Bruce Bridge Collapse (VERBAL) Senior Financial Analyst — Revised Treasurer's Statement of Remuneration and Expenses - for Outside Boards Library Coordinator— 2017 Annual Library Performance Measurement Director of Community and Cultural Services — Elgin County Museum Advisory Committee 2018 Membership Director of Community and Cultural Services — Elgin County Museum Gift Shop and Exhibition Policy Acting Director of Engineering Services — County Road Maintenance Agreement Director of Human Resources — County of Elgin 2018 Mileage Rate Director of Human Resources — 2018 Non -Union Economic Adjustment Manager of Planning — Elgin County Official Plan Five (5) Year Review — Natural Heritage Study Single Sourcing Request Manager of Planning — Parcel Mapping Maintenance Agreement between the County of Elgin and The Township of Malahide Manager of Planning — Approval for Official Plan Amendment No. 6, 14020 Belmont Road, Central Elgin, File No. CE-OPA6-17 Director of Homes and Seniors Services — New Horizon for Seniors Grant "Farm to Table Gathering" Director of Homes and Seniors Services — Homes — Resident Quality Inspection (RQI) — Report for Bobier Villa, Elgin Manor and Terrace Lodge Director of Homes and Seniors Services — Long -Term Care Home Service Accountability Agreement (L -SAA) — Schedule E Director of Homes and Seniors Services — Homes — Long -Term Care (LTC) Case Mix Index (CMI) Results for 2018-2019 Chief Administrative Officer— 2018-2019 Multi -Sector Service Accountability Agreement (M -SAA) Chief Administrative Officer— Deputy Warden Considerations Chief Administrative Officer— Municipal Property and Building Commemorative Naming Policy Chief Administrative Officer— Overview of Elgin County Long -Term Care (LTC) Chief Administrative Officer— Procedural By -Law Review PowerPoint 12 i M A ProVusslive bv Natum Port Bruce Bridge Collapse — n — ' -n- - Co __ M -r- ➢d, U _ ` / = 13 Agenda 1. Summary 2. Truck Removal Demolition 41 Short Term Options 5- Rebuild & Next Steps - Recommendations 14 On Friday, February 23, 2018 at approximately 12:45 pm, the Catfish Creek Bridge on Imperial Road collapsed as a loaded dump truck was driving across the bridge in the northbound lane. 15 Overview '.� 1n. Dillon Consulting was retained by Elgin County shortly after the collapse to perform an initial review of the site, determine any immediate safety concerns, begin an investigation into the possible causes and provide recommendations for moving forward. 16 Dillon Consulting The bridge was originally constructed in approximately 1964, and was a three - span reinforced concrete structure. A suspended or "drop-in" precast girder centre span was supported by two cast - in -place post -tensioned concrete cantilever spans that extended from the abutments, over the pier and into the centre span. 17 Background The cantilever abutment spans are each supported by a pier and abutment and are connected to the abutments through embedded anchors providing a tie -down configuration. The abutments are founded on spread footings with stay -in-place sheet piles and the piers are founded on tube piles filled with concrete. The bridge was rehabilitated in approximately 1982 and 1999, including concrete patch repairs and expansion joint replacements. Background Summary Key observations: Suspended "drop-in" span was laying on the bottom of the creek and submerged up to the mid -height of the steel hand railings and was not visible The dump truck was parked on the north cantilever span in the northbound lane with the back of the truck submerged in the creek. At the time of inspection there were no obvious indications of leaking fluids from the dump truck. North abutment span had rotated about the north pier, had slid approximately 5 m from its original position towards the centre span, was leaning against the north pier and was partially submerged in the creek. Pieces of joint seal remained connected to the expansion joint armouring. The exposed end diaphragm of the north abutment span was spalled along the bottom edge. 19 Summary • The north pier appeared to have shifted slightly north, but generally appeared stable based on the small gaps in the mud at the base. • Concrete on the top of the pier on both faces was spalled off at several locations. • The north abutment appeared stable and was covered in concrete debris and pieces of polystyrene (Styrofoam) on the bearing seat and ballast wall. • There were signs of leakage on the ballast wall and corrosion staining on the front face of the bearing seat. 20 Summary • Pieces of joint seal remained connected to the expansion joint steel armouring. • South abutment span appeared to be in original position and stable, however, steel hand railing -to -end wall connections had severed/spalled, sidewalk expansion joint cover plates had popped up and expansion seal had pulled out of armouring, which would indicate that the south abutment span had temporarily rotated about the top of the pier. • The suspended span bearing seat (support ledge of south abutment span) appeared to be sound and intact with original bearings visible from north side of creek. • For safety reasons a hands-on inspection of the ledge and bearings was not undertaken • Patches of the fascia at the south end of the south abutment span had delaminated. It was not immediately clear if this was a pre-existing condition or damage resulting from the collapse. 21 Summary • The south pier appeared to be stable; however, a small gap in the mud on the south side of the pier indicated that some minor movement of the pier had occurred. • Based on the location of ice adjacent to the bridge it was surmised that the water would have encompassed the piers but would not have reached the abutments. • Rock scour protection was noted at the piers and was observed to generally be intact. It is possible the ground below the pier rock protection could have settled or been scoured based on observed undulations in the ground surface. • The ground surface at the abutments appeared to be undisturbed except for localized scour due to the discharge from the deck drains • There were no signs of utilities embedded or supported on the bridge structure and there was no apparent indication that these utilities were damaged due to the bridge collapse. 22 Preliminary Analysis This bridge is a single -load path structure and the anchor rods constitute a primary component of the bridge which means that if the anchor rods fail, a collapse of this nature can happen. Although the initial source of the failure can not be determined without further investigation, at this phase, the focus is on anchor rod failure as the most likely cause of the collapse. 23 This is the only bridge of this design in Elgin County. 24 Influencing factors could have contributed to the failure of the anchor rods. Possible influencing factors on the failure of the anchors include the movement or failure of critical components including: Corrosion or fatigue damage of the anchor rods; Failure of the post -tensioning system Influence of the post -tensioning system on the anchors; Failure of the cantilever supports or suspended span supports; Weakening of the pier and abutment foundations due to the high-water levels (softening of soils) and loss of soil support at the piers below the rock protection (scour); and Other potential influencing factors could include ice and water forces acting on the piers under the high water event. 25 Influencing Factors Survey the truck and bridge to document their post -collapse configuration Careful removal of the dump truck from the bridge Careful removal of the bridge from the waterway as to not disturb forensic evidence Complete a forensic investigation once all components are accessible Consider installation of a temporary road bridge at an off- site location Review options for a replacement structure including re -using the existing foundations (piles). 26 Recommended Next Steps We were advised of the withdrawal of one of the sub -contractors and the now -anticipated delay in the truck removal work (expressed as 'a few days'). It appears that the involved contractors and consultants are attempting to finalize the proposed removal process - Elgin County requires delivery of a final, detailed plan for circulation and review prior to commencement of work. 27 Truck Removal Elgin County has proceeded with planning for removal of the remnants of the bridge structure within timeframes governed in part by environmental regulation and those plans may be compromised if the truck is not removed from the bridge by March 16, 2018 (spawning season). We have notified the insurers of the truck of the time constraints and urged complete removal by that date. KR Demolition - Environmental Timeframes Bridge removal requires systematic approach to ensure that evidence is preserved and environmental impact is limited. The remnants must be cleared by April 13, 2018 (extension of spawning season). To accomplish these goals, we have identified an MTO approved contractor that could quickly and efficiently meet these standards. I am recommending that due to the unique circumstances of this situation that we utilize the emergency procurement from our policy. I am also recommending that CAO and Warden administrative authority to proceed with negotiations with the preferred vendor, seeking authorization to enter into an agreement not to exceed $1M 29 Demolition — Preferred Vendor List Military installed bridge No temporary bridge Rental of temporary bridge Privately purchased temporary 0=0 CIX Short -Term Options With the quick assistance of our MP and MPP Option fully explored Elgin County does not meet the criteria for Military intervention County must show that we have expended all resources and sought out a private contractor first If private option is not reasonably achievable then they will intervene. Examples of where temporary bridges have been installed include: Instances of forest fire Bridge collapses where access to FIRE/EMS is completely severed for some residents -- risk of "life and limb" 31 Military Installed Office of the Fire Marshal and Emergency Management/Ontario Ministry of Community Safety and Correctional Services has been in touch with local fire services and the federal government regarding fire mutual aid arrangements and the possibility of military assistance. 32 Military Assistance Council has the option to proceed directly to full replacement of the bridge with no temporary option. 33 No temporary bridge 18 month rental fee is similar to cost of purchase, therefore not Temporary Bridge contemplated. — Rental Option 34 Consultant (Dillon) has identified the former bridge site as a possible suitable location. Thankful to Malahide for their guidance with the identification of a route for a temporary bridge. Modular Panel Bridge, similar to one installed on Edison Drive (Vienna) in 2016. Temporary Bridge will accommodate normal highway loadings (non- restricted). Approximately 160 foot span required, to be confirmed with engineering survey and design. Temporary Bridge would be 4.14m wide, sufficient to accommodate one lane of vehicular and one lane of pedestrian traffic. Traffic controlled with timed traffic signals. Road approaches would have to be constructed to the modular bridge. Wood decking surface (not steel grating as Edison Drive Bridge). 35 Temporary Bridge Road allowance is not across the Creek (unpatented lands) Permission is required from the province to install temporary bridge will have to apply for a licence of occupation (similar to an easement) Special consideration may be required to protect the interests of the business owners who might be impacted by our construction efforts (temporary and rebuild) Temporary Bridge — considerations Cost -approximately $600,000 complete based upon 2016 costs for the Edison Drive Bridge. Cost of modular bridge purchase is estimated at $225,000 (forms part of total $0.6M cost). Once the temporary structure is no longer required in Port Bruce, this bridge can be repurposed and relocated to replace another County single lane bridge (i.e. Jamestown, Meeks, etc.) to be determined at that future time. 37 Costs Once directed by Council, engineering could commence immediately. Bridge supplier has confirmed bridge availability. Engineer and contractor have confirmed willingness to act immediately. Prospect for permits from multiple levels of government Temporary structure could be operational within 2 months of project initiation barring any unforeseen circumstances. Timing According to By -Law No. 13-19, Procurement Policy: 3.9(4) Procurement in Emergencies An "Emergency" includes immediate threat to: Public health, The maintenance of essential County services; and The welfare and protection of persons, property or the environment; and the event or occurrence necessitates the immediate need for goods or services to mitigate the emergency and time does not permit for a competitive procurement process. Procurement in Emergencies An Request For Proposal will be issued for the design and a tender for the construction of the new .W Rebuild Elgin County will seek funding for the reconstruction of the Port Bruce Bridge as well as the temporary bridge. 41 Funding Options Reserves will be used to get the project started in the short-term External sources of funding will be pursued Remainder will be rolled into next years tax rates, offset by any other opportunities that may come out of the 2019 budget process 42 Funding WHEREAS Elgin County Council has received a preliminary analysis of the cause of the Port Bruce Bridge collapse; and WHEREAS Elgin County Council recognizes the need for continued engineering review of the collapsed bridge in Port Bruce; and WHEREAS Elgin County Council recognizes the urgent need to proceed with planning for removal of the remnants of the bridge structure within timeframes governed in part by environmental regulation; and WHEREAS Elgin County Council recognizes the immediate need for the installation of a temporary bridge in Port Bruce at the request of the Township of Malahide; and NOW, THEREFORE, BE IT RESOLVED BY COUNTY COUNCIL: THAT the summary presentation delivered by the Chief Administrative Officer on March 13, 2018 be received and filed; and THAT County Council consent to a continued engineering review of the collapsed structure to be completed; and THAT County Council consent to sole sourcing a demolition contractor for the removal of the collapsed bridge; and THAT the Warden and Chief Administrative Officer be authorized to enter into negotiations with sole sourced demolition contractor; and THAT County Council consent to sole sourcing a temporary bridge for an expedited bridge installation; and THAT staff be directed to obtain cost and delivery estimates, potential installation dates for the installation of a temporary bridge in Port Bruce; and THAT the Warden and Chief Administrative Officer be authorized to proceed with the procurement and installation of the temporary bridge, subject to Township of Malahide's permission to redirect traffic, and our ability to obtain a permit to use the waterway; and THAT staff be directed to work with Malahide Township to formulate any necessary agreements and other related matters for the installation of the temporary bridge; and THAT staff be directed to provide a report detailing all costs associated with the Port Bruce Bridge demolition and rebuild at the March 271h, 2018 meeting of County Council. 43 Recommendations Elfncunt 3fFi� dy IkZ�N REPORT TO COUNTY COUNCIL d78�iil3 FROM: Lisa Czupryna — Senior Financial Analyst DATE: February 13, 2018 SUBJECT: Revised Treasurer's Statement of Remuneration and Expenses —for Outside Boards INTRODUCTION: Revision for the Treasurer's Statement of Remuneration and Expenses —for Outside Boards report. DISCUSSION: After the February 13, 2018 presentation to Council it was brought to Finance's attention that a board member was missing from the Land Division Committee. The corrected Treasurer's Statement of Remuneration and Expenses — for Outside Boards is attached. CONCLUSION: For the 2017 Treasurer's Statement of Remuneration and Expenses — for Outside Boards report the total for the Land Division Committee changes from $17,672.60 to $18,375.38. RECOMMENDATION: THAT the Revised Treasurer's Statement for Remuneration and Expenses for Outside Boards for 2017 be received and filed. All of which is Respectfully Submitted Lisa Czupryna Senior Financial Analyst Jim Bundschuh Director of Financial Services Approved for Submission Julie Gonyou Chief Administrative Officer Treasurer's Statement Of Remuneration and Expenses - for Outside Boards (Revised) March 1 Session, 2018 To the Warden and Members of the Elgin County Council, The following is a statement of the remuneration, mileage, and expenses paid to persons appointed to Outside Boards for the period January 1, 2017 to December 31, 2017 as authorized by the following By -Laws: LAND DIVISION COMMITTEE Completed consistent with By -Law 15-03 Kennedy, Rosemary 2,738.33 Lidster, Stanley 2,308.20 McLeod, Lorne 2,454.90 Jenkins, Jim 702.78 Schaper, Kathleen 3,171.78 Stewart, Brent 2,420.16 Walters, Bill 1,766.73 Warwick, Graham 2,812.50 Total 18,375.38 All of which is Respectfully Submitted Approved for Submission Lisa Czupryna Julie Gonyou Senior Financial Analyst Chief Administrative Officer Jim Bundschuh Director of Financial Services 45 w, rmllllyij J flgin 1 wrae'h 4dWer 1M',r REPORT TO COUNTY COUNCIL bFCr FROM: Laura Molnar, Library Coordinator DATE: February 26, 2018 SUBJECT: 2017 Annual Library Performance Measurements INTRODUCTION: This report presents Elgin County Library's (ECL) 2017 annual usage trends within the context of a five year analysis from 2013 to 2017, both for the system as a whole and for the ten branches. DISCUSSION: This report is separated into eight sections: 1. Total Use demonstrates how residents of the County of Elgin are physically and virtually using library space. 2. Overall Circulation highlights two and five year borrowing trends for physical and electronic usage. 3. Branch Circulation displays five years of borrowing history per branch. 4. Holds Placed shows new trends for how library members are placing holds. 5. Branch Visits displays the number of people visiting ECL branches per year. 6. Programs displays the number of programs and tours offered per branch, per year, as well as the number of active participants. 7. Technology shows how library members are using library computers versus wireless internet. With the growth in mobile device use, an increase of 211.5% in wireless usage is seen over a five year period. 8. Library Membership displays a two year trend for new members and members actively using library services. EN Total Use Library usage can be divided into two categories: physical transactions that are performed within a library branch (e.g. in -library use) and online actions that are available both inside and outside of the library (e.g. electronic use). In this section, in - library use and electronic uses are listed over a five-year period. Key takeaways include: • 435,220 total uses of the ECL system in 2017 • 5.7% growth over a two year period (2016-2017) • 10% decline over a five year period (2013-2017) 483.4 1: Overview of Libra - Thousand 457.6 435.2 Thousand 414.0 411.7 Thousand Thousand Thousand IIIII III III iii ,, ,,, ,,,, 1111111111MINIMM IIIIIIIIIIIIIIIIIII IIIIIIIII_ _ 2013 2014 2015 2016 2017 In -Library Use ill, Electronic Use * Note: branch visits count the amount of foot traffic within the individual library branches. These measurements are not tracked within the total use section as the library does not yet have five years of data for this metric for all branches. Branch visits will be further discussed in the section titled4�ranch Visits. 1: Overview of Libra - Physical Circulation ComputerTable - Holds Placed In -Branch Program Attendance Electronic Circulation Wireless Sessions Holds Placed Online * Note: branch visits count the amount of foot traffic within the individual library branches. These measurements are not tracked within the total use section as the library does not yet have five years of data for this metric for all branches. Branch visits will be further discussed in the section titled4�ranch Visits. Overall Circulation Key takeaways include: • 2017: 273,870 items borrowed • 89.8% borrowed in -branch o Physical circulation increased 0.8% over a two year period o Physical circulation decreased 9.3% over a five year period • 10.2% borrowed electronically o Electronic circulation increased 13.9% over a two year period o Electronic circulation increased 66.4% over a five year period Lending physical items from the branches continues to be one of the top uses for the library. The circulation of online content continues to rise as Elgin residents find value and entertainment in the use of eBooks, eAudiobooks, eMagazines, movies, music and more. Electronic circulation includes the following platforms: OverDrive and Libby, Hoopla, RB Digital Magazines and Flipster Magazines. 2013 iiiuuululuul III Uuull Illus 2014 11111111 111111111 P111111 C °iuull'liuu '„ ul iiiuil ul 2015iiiiiiiplulul ILII6 m m ppu 2016 "OEM IIIIIIIIIIIIIIIIIIIIIIIIIII Illllullllll 2017 ii6lilllllll 111111 l 0 50,000 100,000 150,000 200,000 250,000 300,000 Number of items borrowed Table 2: Overview of Total Circulation Year Physical Circulation Electronic Circulation Total Circulation 2013 271,197 16,828 288,025 2014 255,013 21,326 276,339 2015 240,132 23,548 263,680 2016 244,005 24,585 268,590 2017 245,862 28,008 273,870 % change 2013-2016 -9.3% 66.4% -4.9% Branch Circulation Influencing factors: • In 2015, Aylmer experienced water damage, resulting in the loss of a collection. As a result, physical circulation was down 7.4% in 2015 compared to the 5 year average. The circulation recovered in 2016, and continues to grow. • With the opening of the Southwold Township Library, Shedden branch, 2017 marked a 41.6% increase in physical checkouts. Circulation at Shedden is projected to grow further in the coming five year period. • Straffordville has maintained its high level of circulation compared to population served over a five year period. • Over 5 years, West Lorne circulation has increased by 3.3%. The Books2Go service in partnership with the West Elgin Community Health Centre's Friendly Visitor Program was introduced in 2016 and has resulted in increased circulation transactions since its inception. L 80,000 c� a� L 70,000 a� Q 60,000 0 50,000 � 40,000 a� 0 30,000 L E 20,000 1 z 10,000 D 2013 2014 2015 2016 2017 Table 3: Branch circulation of physical items borrowed per year Branch 2017 2016 2015 2014 2013 Aylmer 80,261 79,107 72,103 77,835 79,967 Belmont 10,531 10,628 12,552 13,636 15,378 Dutton 24,962 24,369 24,757 28,502 29,609 Port Burwell 8,106 8,494 8,591 9,410 10,275 Port Stanley 23,771 25,877 25,009 23,762 25,801 Rodney 13,829 16,124 19,293 21,249 19,830 Shedden 8,915 6,294 7,428 9,325 12,204 Springfield 16,425 167056 167225 167446 197734 Straffordville 407873 387518 407160 397688 427238 West Lorne 157220 157568 127993 137482 147733 Administration 27969 27970 17021 17678 1,428 L+zi iiiiiii Aylmer Belmont Dutton umi Port Burwell Port Stanley iiiiiiiiiRodney Shedden u0000ii Springfield Straffordville iiiiiii West Lorne iiiiiiiii Administration Holds Placed A hold refers to an individual request to borrow a library item once it becomes available. There are two ways to place holds: with staff or online as the library user. While Table 4 illustrates a 48.4% decrease in the number of holds placed over a five year period, this is partially explained by the fact that these figures do not include holds placed by library members using the MyLibrary! app scanning feature. Introduced in 2016, the MyLibrary! app has streamlined the ability to quickly and efficiently place holds by scanning the ISBN code on the back of a book cover. The mobile app creator, Innovative Interfaces, is currently working to provide these statistics on app usage in a future software release. 70,000 L 60,000 L 0-50,000 a� U Q 40,000 0 30,000 0 20,000 z10,000 5] 2013 2014 2015 2016 2017 Holds Placed In -Branch Holds Placed Online Table 4: Overview of Holds Placed Year Holds Placed In -Branch Holds Placed Online Total Holds 2013 61,676 30,721 92,397 2014 56,149 25,906 82,055 2015 48,234 11,983 60,217 2016 24,421 22,571 46,992 2017 24,159 23,533 47,692 50 Branch Visits Influencing factor: • Shedden branch visits increased by 48.4% over a two year period as a direct result of opening the new Southwold Township Library, Shedden branch. In 2014, people counter units were installed in the four busiest branches in ECL: Aylmer, Straffordville, Dutton, and Port Stanley. These units track the amount of foot traffic that enters the branches and provides traffic patterns over time. In 2015, people counter units were installed in Port Burwell, Rodney, Shedden and Springfield branches to provide similar data. Belmont Library was the last branch to install a people counter unit; the unit was installed after the completion of the Belmont Library renovation in 2016. To provide meaningful foot traffic measurements, Table 5 is limited to displaying two years of data (2016-2017). Providing additional data for 2014 or 2015 would show incomplete data leading to an inaccurate appearance of significant growth in the number of visits the branches experience per year. West Lorne Straffordville Springfield Shedden Rodney Port Stanley Port Burwell Dutton Belmont Aylmer 0 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 Number of visitors per year umi 2017 mmu 2016 Table 5: Branch visits per year Branch 2017 2016 Aylmer 68,475 73,404 Belmont 11,754 0 Dutton 17,726 17,190 Port Burwell 6,053 6,904 Port Stanley 36,279 36,330 Rodney 10,528 11,099 Shedden 11,983 8,075 Springfield 21,381 19,709 Straffordville 33,397 33,728 West Lorne 14,256 13,336 51 Programs Influencing factors: • 2017: 1,741 programs and branch tours were offered o An increase of 42% over a five year period • 2017: 28,217 people attended branch programs and tours o An increase of 19.9% over a five year period • With the opening of the Southwold Township Library, Shedden branch, a total of 1,840 people visited the branch for the purpose of touring the space. • School partnerships continue to grow and focus primarily on promoting library resources and programming. 2013 2014 2015 2016 2017 0 5,000 10,000 15,000 20,000 25,000 30,000 Number of programs, tours and attendance per year Table 6: Number of Droarams. tours and attendance Der year Year Programs & Tours Attendance 2013 1,226 23,543 2014 1,672 21,550 2015 1,664 23,811 2016 1,789 22,399 2017 1,741 28,217 % change 2013-2016 42.0% 19.9% 52 Technology Influencing factors: • Mobile device use is increasing the number of library wireless sessions. • 2017 marks the first year where wireless usage has surpassed computer usage in the branches. • Wireless usage continues to grow and has increased by 211.5% over a five year period. 30,000 L CU 25,000 L Q u) 20,000 0) 0 15,000 L 0 10,000 L � 5,000 z N 2013 2014 2015 2016 2017 Computer Use In -Branch Wireless Sessions Table 7: Overall Internet Lociins Year Computer Use In -Branch Wireless Sessions 2013 28,255 7,129 2014 25,508 10,473 2015 24,382 15,864 2016 22,732 14,279 2017 22,142 22,208 % change 2013-2016 -21.6% 211.5% 53 Library Membership An active member of the library is a patron who has used a library service within a two year period. In 2015, ECL implemented a new computer software which resulted in irregular counts of active members for the year. As a result, Table 8 displays two years of library membership data to re -focus the data on measurable outcomes. Influencing factors: • Partnerships with schools continue to grow, leading to new member registrations. • The Books2Go service in partnership with VON Middlesex -Elgin was introduced to the Aylmer Library in December 2017. By extending the Books2Go service to East Elgin residents who are unable to visit the library in person to pick up materials, it is expected new membership registrations will grow. 2016 2017 0 2,000 4,000 6,000 8,000 10,000 12,000 14,000 16,000 Number of ECL members per year ill, Active Members ,ill, New Members Table 8: Overview of library members per year Year Active Members New Members 2016 13,146 1,693 2017 11,146 1,680 54 CONCLUSION: Staff are pleased to present this overview of usage and statistics of Elgin County Library for the year 2017. RECOMMENDATIONS: THAT the report titled "2017 Annual Library Performance Measurements" from the Library Coordinator, dated February 26, 2018 be received and filed; and, THAT a copy of this report be submitted to all municipalities in the County of Elgin. All of which is Respectfully Submitted Laura Molnar Library Coordinator Approved for Submission Julie Gonyou Chief Administrative Officer Brian Masschaele Director of Community and Cultural Services 55 w, rmllllyij J flgin 1 wrae'h 4dWer 1M',r REPORT TO COUNTY COUNCIL bFCr FROM: Brian Masschaele, Director of Community and Cultural Services DATE: February 22, 2018 SUBJECT: Elgin County Museum Advisory Committee 2018 Membership INTRODUCTION: Membership on the Elgin County Museum Advisory Committee is established under By - Law No. 16-03. This report recommends new appointments to the committee for 2018 and until further appointments are required. DISCUSSION: Membership on the Elgin County Museum Advisory Committee is comprised of representatives as follows: • One member of Elgin County Council; • Two appointees from Elgin County Women's Institutes, one from East Elgin and one from West Elgin; • One appointee on behalf of the agricultural community in Elgin County; • One appointee, to be named by Elgin County Council, who is representative of, or employed by, another museum located with the County of Elgin and who will act as a liaison with County museums; • Two appointees, to be named by Elgin County Council, as "at large" members who shall be persons interested and knowledgeable about the affairs of the Museum; Membership is for a four-year term which is renewable and no member can serve in a specific executive capacity for more than 8 consecutive years. The member from Elgin County Council is appointed annually for a one-year term. Meetings take place on average four times per year and minutes are available for public inspection. Staff are recommending that the following members be confirmed by Council for service on the committee in 2018 and until such time as further appointments are required: • Ms. Helen VanBrenk, Chair (West Elgin Women's Institute member) • Mr. Perry Clutterbuck, Vice -Chair (member -at -large) • Ms. Joan Mansell (Secretary, East Elgin Women's Institute member) • Ms. Kim Teuscher (new appointee as member -at -large) • Ms. Amanda VandenWyngaert (Aylmer-Malahide Museum & Archives, new appointee as museum liaison member) • Councillor Sally Martyn — County Council representative 56 CONCLUSION: The members of the Elgin County Museum Advisory Committee play an important role in supporting the operations of the Museum and are to be thanked for their volunteer service. In this regard, staff are recommending that the Warden on behalf of County Council issue a letter of appreciation to Ms. Marie Nancarrow who has now completed her term of service to the committee as a member -at -large. RECOMMENDATIONS: THAT County Council confirm the membership of the Elgin County Museum Advisory Committee as outlined in the report titled "Elgin County Museum Advisory Committee 2018 Membership" from the Director of Community and Cultural Services dated February 22, 2018; and, THAT the Warden on behalf of County Council issue a letter of appreciation to Ms. Marie Nancarrow for her past service to the committee. All of which is Respectfully Submitted Brian Masschaele Director of Community and Cultural Services 57 Approved for Submission Julie Gonyou Chief Administrative Officer ',jREPORT TO COUNTY COUNCIL FROM: Brian Masschaele, Director of Community and Cultural Services DATE: March 2, 2018 SUBJECT: Elgin County Museum Gift Shop and Exhibition Policy INTRODUCTION: The Elgin County Heritage Centre as part of the Elgin County Museum recently opened to the public. The centre incorporates space for a modest gift shop and tourism information area. This report recommends that Council adopt a policy to govern procedures and types of items that will be sold and/or displayed in the gift shop. DISCUSSION: Attached for Council's consideration is Elgin County Museum's "Gift Shop and Exhibition Policy" which if approved, will govern operation of the gift shop that the Museum is developing in the Elgin County Heritage Centre. For Council's information, such gift shops are common in museums, art galleries and heritage attractions and usually contain items that are procured through local businesses. These shops enhance the visitor experience and provide souvenirs that complement exhibits, programs and events taking place. The main criterion in this policy is that items sold or displayed in the gift shop must be either procured, or produced by, a business or individual who is a member in good standing of Elgin County Tourism; or, must be complementary to Museum exhibits, events and programming. Staff feel that this is an excellent way to promote the County's larger efforts with regards to economic development and tourism while at the same time allowing procurement of specialized goods that will complement Museum programming. Council can be assured that the gift shop will operate under the principle of maintaining a competitive marketplace for County businesses and individuals. The goal of the gift shop is not to compete with local retailers but rather provide an opportunity to showcase items that are local and complementary to the Museum's mandate and the County's larger economic development efforts. CONCLUSION: Attendance at the Elgin County Heritage Centre for exhibits and programming is off to an excellent start, with approximately 340 visitors for recent Family Day programming alone. The development of a gift shop area with tourism information will only enhance the visitor experience as the centre continues to evolve. W RECOMMENDATION: THAT the Gift Shop and Exhibition Policy as attached to the report titled "Elgin County Museum Gift Shop and Exhibition Policy" from the Director of Community and Cultural Services dated March 2, 2018 be hereby approved. All of which is Respectfully Submitted Brian Masschaele Director of Community and Cultural Services 59 Approved for Submission Julie Gonyou Chief Administrative Officer ��� �I«x`'91,;,,, e000 E I gi tl Gift Shop and Exhibition Policy Purpose The Elgin County Museum and Elgin County Heritage Centre will operate a gift shop to complement exhibits and act as a showcase for local products, artwork and crafts. This policy establishes eligibility criteria and procedures for the shop's operation. Eligibility Criteria Items sold or displayed in the gift shop must either be procured, or produced by, a business or individual who is a member in good standing of Elgin County Tourism; or, must be complementary to Museum exhibits, events and programming. Procedures Staff shall determine appropriate pricing of all goods in consultation with eligible businesses or individuals in a manner that shall take into account fair market value and the importance of maintaining a competitive marketplace for other businesses and individuals located within the County. Standard mark-up for any goods purchased wholesale for re -sale in the gift shop shall be between 50% and 100%. HST shall be levied on all items sold. Any items sold or displayed in the gift shop shall be subject to an initial 90 -day trial period. Subsequent term renewals shall be agreed upon by the Museum and the business or individual. The Museum reserves the right to discontinue sale or exhibit of items after the 90 -day trial period upon two-week notice to the business or individual. Costs for placement or retrieval of any items shall be the responsibility of the business or individual. Sale of items on consignment is permitted. The Museum's standard mark-up for consignment items is 25% to 50%. HST shall be levied on the final price. The final percentage will be determined between the business or individual and the Museum. A consignment agreement (attached as "Appendix A") must be signed by both parties prior to placement. Consignment revenue shall be paid to the business or individual at least twice a year. The Museum shall not be responsible for any loss or damage to items sold or displayed on a consignment basis. Types of Payment The Museum shall accept cash, cheques and/or electronic payment where feasible. Appropriate identification is required for cheques over $50. USD shall be accepted at par. .E Returns and Exchanges All sales of books, printed items or art work shall be final. Other purchased items may be returned in "like -new" condition for a full refund within two weeks of date of purchase. Authority The Manager of Museum and Archives and/or the Director of Community and Cultural Services shall have responsibility for the administration of this policy, including signing authority on any agreements. Approval: Elgin County Council [date] 61 "Appendix A" - Gift Shop and Exhibition Policy Consignment Agreement Consignment agreement made this day of Elgin County Museum (herein referred to as the Museum). by and between (Consignor), and The Consignee acknowledges receipt of goods as described herein. Note goods and agreed sale prices below, or attach schedule: Terms and Conditions: 1. The Museum Manager/Curator reserves the right to select the consignment goods to be sold by the Museum subject to the terms of the Museum's "Gift Shop and Exhibition Policy". 2. The Museum agrees to keep and display the goods in an agreed upon location. The Museum agrees to use its best efforts to sell the goods for the Consignor. 3. The Consignor agrees to permit the Museum to photograph the said goods for marketing and advertising purposes. 4. The said goods shall remain in the Museum for a 90 -day trial period with subsequent terms agreed upon by the Museum and consignor. This term begins the day the Consignment Agreement is signed. 5. After the 90 -day trial period, the Museum and consignor agree to provide 2 weeks' notice should either party wish to remove the said goods from the Museum before the end of the consignment term. 6. The Museum agrees to notify the Consignor if there are goods remaining at the end of the consignment term. Any goods that remain unclaimed 6 months after a notice to discontinue has W been issued by the Museum shall be deemed abandoned by the Consignor. Abandoned items will become property of the Museum and may be discarded or sold at a reduced price. 7. The Museum agrees to permit the Consignor to enter the premises during business hours to examine and inspect the consigned goods. The Consignor shall make an appointment to reconcile accounting statements as provided. 8. The Museum agrees to accept a commission equal to % of the agreed gross sales price exclusive of HST, which the Museum shall collect and remit. 9. The Museum agrees, upon sale, to retain all proceeds due to the Consignor. All proceeds, less commission, will be sent to the Consignor together with an accounting statement at least twice annually. 10.The Museum agrees to issue financial statements on sales of the consigned goods within reason if requested by the Consignor. Disclaimer: The Elgin County Museum shall not be responsible for any loss or damage to items sold or displayed on a consignment basis. Consignee Museum Manager/Curator Elgin County Museum 460 Sunset Drive St. Thomas, ON N5R 5V1 519-631-1460 x. 193 musgum(c_elgin.ca Consignor Print Name: Mailing Address: Email Address- Phone- HST ddress:Phone:HST # Tourism Member? 63 w, rmllllyij J flgin REPORT TO COUNTY COUNCIL 1 w rae'h 4d Wer 1M',r bFCr FROM: Peter Dutchak, Acting Director of Engineering Services DATE: March 2, 2018 SUBJECT: County Road Maintenance Agreement INTRODUCTION: The redrafted County Road Maintenance Agreement has been approved by County Council and executed by our municipal partners. This report seeks Council's authority for the Warden and Chief Administrative Officer to execute the agreement. DISCUSSION/CONCLUSION: The County Road Maintenance Agreement's term had elapsed and has been redrafted with input from Elgin's partner municipalities and approved by the County Solicitor. The redrafted agreement has now been circulated and executed by our local municipalities and now can be executed by the County. RECOMMENDATION: THAT the Warden and Chief Administrative Officer be authorized and directed to execute the redrafted County Road Maintenance Agreement. All of which is Respectfully Submitted Approved for Submission Peter Dutchak Julie Gonyou Acting Director of Engineering Services Chief Administrative Officer w, rmllllyij J flgin 1 wrae'h 4dWer 1M',r REPORT TO COUNTY COUNCIL bFCr FROM: Rob Bryce, Director of Human Resources DATE: February 21, 2018 SUBJECT: County of Elgin 2018 Mileage Rate INTRODUCTION: In accordance with Human Resources Policy 10.50, employees who do not have a County -supplied vehicle will be paid a mileage rate for use of their own vehicle on County business. For the last eight years, the current rate has remained unchanged at 49.5 cents per kilometre and is market -competitive. DISCUSSION: The federal Department of Finance sets out the limit on the deduction of tax-exempt allowances that are paid by employers to employees who use their personal vehicle for business purposes. In 2018, that rate will be increased by 1 cent to 55 cents per kilometre for the first 5,000 kilometres driven, and to 49 cents per kilometer thereafter. A review of mileage rate reimbursements provided by other municipal employers suggests the County's current rate of 49.5 cents per kilometre is competitive. A survey of 14 area municipalities resulted in a large range of responses showing reimbursement rates of 45.0 to 55.0 cents per kilometre. The average rate was 50.3 cents per kilometre and the median response (half the municipalities providing greater reimbursement and half providing less) was 50.0 cents per kilometre. CONCLUSION: The County's mileage rate is competitive and should remain unchanged for 2018. RECOMMENDATION: THAT County Council direct staff to freeze the mileage rate for 2018 at the current level of 49.5 cents per kilometre. All of which is Respectfully Submitted Approved for Submission Rob Bryce Julie Gonyou Director of Human Resources Chief Administrative Officer 65 s REPORT TO COUNTY COUNCIL FROM: Rob Bryce, Director of Human Resources DATE: February 21, 2018 SUBJECT: 2018 Non -Union Economic Adjustment INTRODUCTION: Human Resources staff is seeking County Council's approval to implement a 1.8% wage increase for non-union staff and Council in 2018. Each year, Human Resources staff recommends to County Council a non-union salary increase which, by policy, is applied to Council's remuneration. The purpose of this annual action is to ensure the County of Elgin remains a desired employer; that the County is attracting and retaining skills and talent in the organization by remaining competitive in its compensation practises; and that the County avoid any spikes or gaps in its compensation practises from one year to the next. DISCUSSION: Non-union salaries are reviewed annually to ensure that the County is paying competitively to the market. Recommended adjustments to wages are made on the basis of both benchmark data and comparative market trends. In reviewing such data, the County considers a number of factors including, but not limited to, negotiations mandates and outcomes, inflationary trends, attrition data, market factors, and union avoidance. The most recent Ministry of Labour data (released in January 2018) shows the Public Administration sector average annual base wage increase was 2.1 %. The currently available Consumer Price Index data in Ontario was 1.5% and averaging 1.7% for the year. In January 2018, the largest of the County's unionized partners (SEIU employees in our Homes) received a 1.8% increase. CUPE (library) employees received 1.5%. The collective agreement with Ontario Nurses' Association (ONA) expires on March 31, 2018 and the parties are not scheduled for bargaining until the Central Hospitals and ONA complete their negotiations. The following surveyed municipalities have responded with announced and/or planned 2018 salary adjustments for non-union staff: Tillsonburg 1.5% County of Wellington 2.0% Woodstock TBD County of Norfolk 2.0% Waterloo Region 1.75% County of Dufferin 1.60% Kitchener 1.75% County of Middlesex 1.75% Brantford 2.0% County of Oxford 1.5% St. Thomas 1.5% County of Brant 1.75% Haldimand County 1.75% County of Perth 1.46% West Elgin 1.9% Bayham 1.3% Dutton Dunwich 1.7% Southwold 2.0% Malahide 2.0% Aylmer 1.3% Central Elgin 1.5% From those surveyed above, area municipalities are providing an average adjustment of 1.65%. What is recommended for County staff is slightly higher than but not inconsistent with the average of the comparators shown above. Similarly, it is not inconsistent with the majority of partner municipalities within the County of Elgin and it matches the increase negotiated with the County's largest union partner. In 2017, the County of Elgin paid approximately $5,676,889 in wages to non-union staff. The cost of a 1.8% increase for non-union employees is approximately $102,184 and represents 0.3% on the levy. This is containable in the 2018 budget in which staff had set aside 1.8% for planning purposes, which Council has approved. CONCLUSION: In view of recent economic trends, comparative data, and other factors, Human Resources staff believes a 1.8% economic adjustment in 2018 for non-union staff is appropriate. It matches wage increases provided to the County's largest union partner (SEIU) and approximates the expected rate of inflation in Ontario for 2018. In accordance with municipal bylaw, the 2018 economic adjustment would be applied to Members of Council. RECOMMENDATIONS: THAT the Council approve a non-union economic adjustment of 1.8% effective on the first full pay period of 2018; and, THAT the necessary by-law be prepared. All of which is Respectfully Submitted Approved for Submission Rob Bryce Julie Gonyou Director of Human Resources Chief Administrative Officer 67 gi n REPORT TO COUNTY COUNCIL FROM: Steve Evans, Manager of Planning DATE: February 23, 2018 SUBJECT: Elgin County Official Plan Five (5) Year Review — Natural Heritage Study Single Sourcing Request INTRODUCTION: This report will provide County Council with information about updating the County's Official Plan as required in accordance with Section 26 of the Planning Act. The Elgin County Official Plan was approved on October 9, 2013 and the document is now approaching the 5 year time frame in which it should be reviewed and updated. DISCUSSION: There are a number of policies in the Elgin County Official Plan that need to be updated. One area in particular that needs to be updated is Part D — Natural Heritage, Water and Natural Hazards. Detailed natural heritage data and mapping was not available at the time the Official Plan was being prepared in 2011-2012. The collection of such data would have added significant time and costs to the development of Elgin's first Official Plan. As a result the County agreed to consider the establishment of a Natural Heritage System Study at the time of the next Official Plan Review. The Provincial Policy Statement 2014 (PPS) includes Natural Heritage in Policy 2.1 which states that Natural Heritage Systems shall be identified in Ecoregions 5E, 6E and 7E which includes all of Elgin County. Therefore in order for Elgin to be consistent with the PPS a Natural Heritage System shall be identified. Section D1.2.4 of the Elgin County Official Plan states: Itis a policy of this Plan that the establishment of a natural heritage system be considered at the time of the next Official Plan Review. After a Natural Heritage Study is completed the County Official Plan will be amended to implement the recommendations of the study. Natural Heritage policies are found in Section D1.2 of the County's Official Plan where there are several references that indicate that more detailed policies and mapping will be added to the Official Plan on the completion of a Natural Heritage System Study. Such study is required by the PPS and should now be considered. A Natural Heritage Study will take approximately one (1) year to complete so it is important that County Council give consideration to initiating a study as soon as possible in order to meet the general time frame for the Official Plan review. The estimated cost of completing the Study is $60,000.00 which under the County's purchasing policy would require conducting a Request for Proposal (RFP) exercise. Given the scope of the work and the time frame involved in completing the Study it is suggested that County Council give consideration to a policy in the County's purchasing policy that permits single sourcing. The Upper Thames River Conservation Authority has considerable experience in completing Natural Heritage Systems Studies which have been completed for a number of neighbouring Counties including Oxford, Middlesex and Huron. Section 3.9(6) of the Elgin County Purchasing Policy states the following: Single source means that there is more than one source of supply in the open market, but only one source is recommended due to the predetermined and approved specifications. The procurement may be conducted using a Single Source process if the goods and/or services are available from more than one source, but there are valid and sufficient reasons for selecting one supplier in particular as follows: - It is advantageous to the County to acquire the goods and services directly from another public body or public service body - County Council must approve the award greater than $50,000. The report to County Council must contain detailed rationale supporting the decision. DETAILED RATIONALE 1. The Upper Thames River Conservation Authority (UTRCA) is a public body constituted under the Conservation Authorities Act and operated through an appointed Board of Directors. 2. UTRCA Staff has expertise in Planning, Botany, Biology, Forestry, Fish and Wildlife, Flooding and Erosion Control and will be able to carry out the Study in-house. 3. UTRCA has completed several Natural Heritage System Studies for other Counties including Oxford, Middlesex and Huron 4. UTRCA's studies meet the technical criteria and methods as recommended in the Natural Heritage Reference Manual of the Province of Ontario and are consistent with the Provincial Policy Statement 2014. 5. UTRCA's experience in completing Natural Heritage Studies will expedite the project and result in lower costs to the County of Elgin. CONCLUSION: The County of Elgin Official Plan is approaching its five- year review at which time the County agreed to consider the establishment of a Natural Heritage System Study. This study will ensure that Elgin's Official Plan is consistent with the PPS. Single- sourcing the work to the Upper Thames River Conservation Authority has a number of advantages. The Planning Budget includes the funds ($60,000.00) for a Natural Heritage Study and the UTRCA has confirmed that the costs will not exceed this amount. RECOMMENDATIONS: THAT the Council of the Corporation of the County of Elgin agrees to single source the necessary work to be carried out to complete a Natural Heritage System Study; and, THAT an agreement between the County of Elgin and the Upper Thames River Conservation Authority be drafted and brought back before County Council for consideration and approval; and, THAT the cost of the work to be completed will not exceed $60,000.00 All of which is Respectfully Submitted Approved for Submission Steve Evans Julie Gonyou Manager of Planning Chief Administrative Officer 70 gi n REPORT TO COUNTY COUNCIL FROM: Steve Evans, Manager of Planning DATE: February 21, 2018 SUBJECT: Parcel Mapping Maintenance Agreement between the County of Elgin and the Township of Malahide INTRODUCTION: This report will provide County Council with an opportunity to review and consider entering into an agreement with the Township of Malahide for parcel maintenance and related GIS mapping services. At the May 9, 2017 Council session, Council passed a motion agreeing to have the Manager of Planning and Director of Community and Corporate Services for the Township of Malahide prepare a draft parcel maintenance mapping agreement to be reviewed by the County Solicitor; and, that such agreement be brought back before County Council for consideration and approval. (see attached) DISCUSSION: A draft agreement was prepared in consultation with the Township of Malahide and reviewed by the County Solicitor. This agreement was approved by the Council of the Township of Malahide on December 21, 2017 and forwarded to the County for final approval. Maintenance of property mapping is very important to the integrity of the GIS mapping system that has been developed over the years in Elgin County. With this in mind it is now an appropriate time to engage the GIS department in the Township of Malahide in a formal agreement to maintain the County's parcel mapping and other related GIS services. The Township of Malahide has agreed to take on the responsibility of parcel maintenance at an annual cost of $3,000.00. Other related services would be subject to additional costs. In order to maintain the parcel layer the County has been using MPAC data which is provided through Teranet Enterprises Inc. The County has a subscription with Teranet to supply the data which is forwarded to the Township of Malahide GIS Department where updates are made on behalf of all County municipalities. Elgin agreed to a five-year subscription with Teranet at an annual cost of approximately $3,600.00. The subscription expires at the end of 2018. In March 2017 the County requested a contract amendment with MPAC that would change the delivery agent from Teranet to the Ministry of Natural Resources and Forestry (MNRF). Through MNRF's mapping data warehouse, Land Information Ontario (LIO) the MPAC Ontario Parcel Data is now available at no cost to the County. 71 Given that the County will be ending its subscription with Teranet in 2018 the funds that will no longer be expended through Teranet can now be used to offset costs to have Malahide provide the parcel maintenance service. CONCLUSION: The Council of the Township of Malahide approved the "GIS Mapping Services" agreement on December 21, 2017 and is prepared to provide a parcel mapping maintenance service for the County at a cost that will not exceed the cost of the existing Teranet subscription. RECOMMENDATION: THAT the Council of the Corporation of the County of Elgin approves the "GIS Mapping Services" agreement as attached. All of which is Respectfully Submitted Steve Evans Manager of Planning 72 Approved for Submission Julie Gonyou Chief Administrative Officer gi n REPORT TO COUNTY COUNCIL FROM: Steve Evans, Manager of Planning DATE: April 19, 2017 SUBJECT: Parcel Mapping Maintenance Agreement between the County of Elgin and the Township of Malahide INTRODUCTION: This report will provide County Council with information required in order to consider entering into an agreement with the Township of Malahide for Parcel Maintenance and related GIS mapping services. DISCUSSION: The County of Elgin became a partner in the East Elgin Mapping Partnership in 2011. The other partners include the Township of Malahide, Town of Aylmer and the Municipality of Bayham. By entering this partnership the County of Elgin was able to gain access to web based mapping which has been updated to include SWOOP 2015 aerial imagery and a data sharing agreement that was helpful in producing mapping for the Elgin County Official Plan. In 2015 the County of Elgin on behalf of six of its local municipalities prepared an RFP for a Parcel Realignment and Correction Project through Van Harten Surveying and Engineering. The end product provided the County with an accurate ownership parcel layer which was aligned with SWOOP imagery. This mapping has been very useful to all local municipalities and has reduced the time to respond to property inquiries and fulfil mapping requests. It also allows the public to obtain mapping information independently which frees up staff time. In order to maintain the parcel layer the County has been using MPAC data which is provided through Teranet Enterprises Inc. The County has a subscription with Teranet to supply the data which is forwarded to the Township of Malahide GIS Department where updates to the parcel mapping layer are carried out on behalf of all County municipalities. Elgin agreed to a five-year subscription with Teranet at an annual cost of approximately $3,600.00. The subscription expires at the end of 2017. Recently the County requested a contract amendment with MPAC that would change the delivery agent from Teranet to the Ministry of Natural Resources and Forestry (MNRF). Through MNRF's mapping data warehouse, Land Information Ontario (LIO) the MPAC Ontario Parcel Data will be available at no cost to the County. Maintenance of the parcel mapping is very important to the integrity of the GIS mapping system that has been developed over the years in Elgin County. With this in mind it is now an appropriate time to engage the GIS department in the Township of Malahide in a formal agreement to maintain the County's parcel mapping and other related GIS services. The Township of Malahide has agreed in principle to take on the responsibility of parcel maintenance at an annual cost of approximately $3,000.00. Other related services would be subject to additional costs. 73 Given that the County will be ending its subscription with Teranet in 2017 the funds that will no longer be expended through Teranet can now be used to pay Malahide Township for the service. CONCLUSION: The Township of Malahide has agreed in principle to provide a parcel mapping maintenance service for the County at a cost that will not exceed the cost of the existing Teranet subscription. Based on the above the Manager of Planning is satisfied that the Township of Malahide is willing to enter into an agreement and capable of providing the Parcel Mapping Maintenance service for the County of Elgin. RECOMMENDATIONS: THAT the Council of the Corporation of the County of Elgin approves this report and agrees to have the Manager of Planning and the Director of Community and Corporate Services for the Township of Malahide prepare a draft parcel maintenance mapping agreement to be reviewed by the County Solicitor; and, THAT such agreement be brought back before County Council for consideration and approval. All of which is Respectfully Submitted Approved for Submission Steve Evans Mark G. McDonald Manager of Planning Chief Administrative Officer 74 This Agreement made in triplicate this Ise day of �eceti t� , 2017. BETWEEN Corporation of the County of Elgin (hereinafter "County") The Corporation of the Township of Malahide (hereinafter "Township") Of The First Part Of The Second Part WHEREAS The County has requested the Township perform various Geographic Information System (GIS) Mapping Services as defined below and the Township has agreed to perform such services on certain terms and conditions; AND WHEREAS The County and the Township wish to reduce the terms of such agreement to writing; NOW THEREFORE, in consideration of the payment of ONE DOLLAR ($1.00) now paid by the County to the Township and the covenants and commitments hereinafter contained, the sufficiency and receipt of which consideration is hereby acknowledged, the Parties hereto agree as follows: 1. For purposes of this Agreement, "GIS Mapping Services" shall mean and include as follows: (a) The maintenance and updating of Digital Assessment Parcel Fabric (DAPF) as provided by the Municipal Property Assessment Corporation (MPAC) for all lands located within the territorial limits of the County. (b) The maintenance and updating of the parcel fabric for all lands located within the territorial limits of the County and as requested by the County for all Reference Plans submitted to the County Land Division Committee. (c) The maintenance and updating of the parcel fabric for all lands located within the territorial limits of the County and as requested by the County for all draft and final Plans of Subdivision and/or Condominium. 75 0 2. The term of this Agreement shall commence on the 2nd day of January, 2018 and automatically renew for the next year thereafter on the anniversary thereof unless otherwise terminated by either Party hereto. 3. Either the County or the Township may terminate this Agreement on one hundred and eighty (180) days written notice delivered to the other Party. 4. The Township shall be responsible for performing the GIS Mapping Services as contemplated by this Agreement so as to ensure the parcel fabric for all lands within the territorial limits of the County is maintained and updated on a continuous basis. 5. The Township shall publish the results of maintenance and updating of the parcel fabric for all lands within the territorial limits of the County to www.elginmapping.ca as soon as possible, which should not exceed 30 days, so as to ensure that all current details of such parcel fabric is available to the County and its local municipal partner municipalities and the public. 6. The County shall pay to the Township an annual fee of Three Thousand Dollars ($3000.00) for the performance of the GIS Mapping Services as contemplated by this agreement which is based on approximately 45 hours at the current rate of $62.47/hour and provided that the said annual fee shall be paid in advance by the County to the Township on or before the 2nd day of January during the period of time that this agreement is in effect, with such fee to be adjusted from time to time as mutually agreed upon by the parties. 7. If it shall become necessary for the Township to perform services additional to the GIS Mapping Services contemplated by this Agreement, the Township shall provide a detailed estimate of the cost of such additional services to the County prior to the commencement of those additional services and such services shall only be performed after the County has issued both written authorization to proceed and written approval of such cost estimate; provided that the Township shall be at liberty to issue an invoice for such additional services and in keeping with the approved cost estimate after performance of such additional services is complete. 8. All plans, drawings, designs, and documents provided by the County to the Township for purposes of this Agreement shall be and remain the property of the County and the Township shall be entitled to retain a copy of such documents only for purposes of reference. The Township acknowledges that it will obtain confidential information from the County in the course of performing its obligations under this Agreement and that the disclosure of any such confidential information to any third party would be detrimental to the interests of the County. The Township therefore acknowledges and agrees that the right to maintain confidentiality of such information constitutes proprietary rights which the County is entitled to protect, that the Township will not disclose any confidential information of the County to any person, partnership, corporation, agency, or other entity, and that the Township will not use any such 76 confidential information for any purpose other than performance and satisfaction of its obligations as contemplated hereunder. For purposes of this section, "confidential information" shall be considered all information relating to the operations and affairs of the County that is not a matter of public record. 10. Time shall be of the essence in all respects hereunder and it shall be the right of the County to require timely performance by the Township of any and all obligations created and/or contemplated by this Agreement; provided that any waiver of such timely performance shall not and does not create or constitute a waiver of the requirement of timely performance thereafter. 11. Neither Party shall be liable for any non-performance hereunder due to acts beyond its control, including fires, explosions, actions, labour disturbances, floods, droughts, earthquakes, embargoes, wars, civil commotion, acts of God, actions of any governmental authority, delays, or failures of carriers, power failures, or any causes beyond the control of the Party hereto affected thereby whether or not of the kind hereinbefore specified; provided, however, that the Party so affected will use its best efforts to remedy any such non-performance, except that nothing herein contained shall require any such Party to make settlement of any labour dispute on terms unacceptable to it. 12. Any and all matters of difference between the Parties hereto in relation to this -Agreement shall be referred to arbitration and the following shall apply: (a) No person shall be appointed to act as arbitrator who is in any way interested financially or otherwise in the performance of the work contemplated by this Agreement or otherwise involved in the business or other affairs of either the County or the Township. (b) The decision of the arbitrator shall be final and binding upon the County and the Township. (c) The provisions of the Arbitrations Act (Ontario), as amended, shall apply to the arbitration contemplated hereunder. 13. Any notice under this Agreement is sufficiently given if delivered in person or if sent by ordinary pre -paid mail or pre -paid courier to: Corporation of the County of Elgin: 450 Sunset Drive St. Thomas, Ontario N5R 5V1 Corporation of the Township of Malahide: 87 John Street South Aylmer, Ontario N5H 2C3 14. This Agreement constitutes the entire agreement between the Parties as of the date hereof. There are not and shall not be any verbal statements, representations, warranties, undertakings or other agreements relating to object here of as between the Parties. 77 15. This Agreement may not be amended or modified in any respect except by written instrument signed by the Parties hereto. 16. This Agreement shall be interpreted in accordance with the laws of the Province of Ontario and shall be treated in all respects as and Ontario contract. 17. ' This Agreement shall be binding upon and enure to the benefit of the Parties hereto and their respective successors and assigns. IN WITNESS WHEREOF the Parties hereto have affixed their respective corporate seals attested by the hands of their respective authorized officials and/or officers this Z 6- day Of, 1ce Yob 2017. SIGNED, SEALED, AND DELIVERED In the presence of M Corporation of the County of Elgin per: ��— me: OULIE aD YOta Position:A T01c, i per: Name: D") b M r+�2i2 Position: yi/y-1<E>1�7 j We have authority to bind the Corporation. The Corpor tion of th Townsh' of Malahi per:'T Name: 0, Position: yv� Name: Y, "• ° r<, y r t%s Position: fir ,w. E`ti We have authority to bind the Corporation. gi n REPORT TO COUNTY COUNCIL FROM: Steve Evans, Manager of Planning DATE: February 22, 2018 SUBJECT: Approval for Official Plan Amendment No. 6 14020 Belmont Road, Community of Belmont Municipality of Central Elgin File No.: CE-OPA6-17 Owner: Municipality of Central Elgin 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 Central Elgin submitted Official Plan Amendment No.6 to the County of Elgin on December 20, 2017 for approval. 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. (see attachment) DISCUSSION: The lands that are the subject of this application for Official Plan Amendment approval are located at 14020 Belmont Road and formerly part of Don Yeck Park in the Community of Belmont. The purpose of the Official Plan Amendment is to re -designate lands comprising approximately 0.8 hectares (2.0 acres) from "Community Facility" to "Commercial -Industrial" to permit the expansion of a commercial farm supply business known as Belmont Farm Supply. The expansion of the business would include the construction of 1,233 sq.m. (13,275 sq.ft.) warehouse and fertilizer blending facility on adjacent lands The Elgin County Official Plan designates Belmont 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 Central Elgin held a public meeting to consider this Official Plan Amendment on November 27, 2017. Two letters of concern were received; one from an area resident who had concerns about additional noise, smell and dust and why the municipality would sell a portion of a park to private enterprise. The second letter came from the Elgin St. Thomas Public Health which had concerns about the storage of anhydrous ammonia on site and its harmful effects on area residents in the immediate neighbourhood. A subsequent letter from the ESTPH, dated December 5, 2017 indicated that "pursuant to a site visit and overview of these operations, we have elected to withdraw our letter of concern". The Municipality of Central Elgin received a planning report from its Planner on December 11, 2017 which recommended that Central Elgin Council support the applications for Official Plan and Zoning By -Law Amendments for Belmont Farm Supply. Jim McCoomb, Planner 79 stated that a site meeting was held with the Health Unit and staff from the farm supply business to respond to concerns raised about potential health risks from products stored on the site. The report states: The staff from Belmont farm Supply reviewed in detail the structure of their business, the types of products that are stored and used on site, the health and safety protocols that they practice and the governing agencies that they are responsible to with respect the handling of potentially hazardous products. A tour of the facility was also conducted, including the fertilizer storage warehouses and the anhydrous ammonia storage facility. As a result of that meeting, Elgin -St. Thomas Public Health has advised that they no longer have any concerns with regards to the proposed expansion. Note: The Manager of Planning consulted with Elgin -St. Thomas Public Health and was assured that the Health Unit has no concerns, from a public health perspective, with Belmont Farm Supply expansion plans as no additional anhydrous ammonia would be stored on-site, fertilizers to be blended are stored in pellet form and are quite stable and fire safety and emergency preparedness procedures are in place with the Central Elgin Fire Services. The Manager of Planning received an email from a Belmont resident indicating concerns about the proposed official plan amendment. The concerns include noise pollution, lights, accidents, explosions, spills, traffic, etc. There are also concerns about the removal of soccer fields to make way for the warehouse expansion. (Note: The minutes of the public meeting indicate that the Director of Physical Services, L. Perrin advised that Belmont Farm Supply will pay for new soccer fields and additional parking.) Based on the information received, Central Elgin's Council was satisfied that Official Plan Amendment No. 6 as finally prepared was suitable for adoption and passed By -Law 2209 on December 11, 2017 adopting the Amendment and submitted it to the County of Elgin for approval. Due to a circulation issue the notice of adoption was re -circulated and a new adoption By - Law 2226 was passed on January 29, 2018 which repealed By-law 2209. Based on the site-specific nature of this Official Plan Amendment and its location within a fully serviced settlement area, it was determined that a full circulation of this amendment to agencies and/or ministries were not required. However, the Manager of Planning has consulted with the Municipal Planner and with Elgin St. Thomas Public Health in order to obtain more background information that was considered in Council's decision to adopt this Official Plan Amendment. CONCLUSION: The Council of the Municipality of Central Elgin supports this Amendment and adopted it by By -Law 2226 on January 29, 2018. The Manager of Planning has reviewed File No. CE-OPA6-17, along with the background material that was submitted by the Municipality of Central Elgin. Based on the above the Manager of Planning is satisfied that this Official Plan Amendment is consistent with the Provincial Policy Statement and conforms to both the County of Elgin and Municipality of Central Elgin Official Plans. 80 RECOMMENDATIONS: THAT the Council of the Corporation of the County of Elgin gives approval to Official Plan Amendment No.6 to the Municipality of Central Elgin Official Plan, File No. CE-OPA6-17; 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 m (� �I �4,n�a r' I 'MxmMid° � •�I �p n,�nnf fit V� � � •M' 8 mx 'n uu �' G � Ix V�•'�' �IL nn Il�rx I�� mn �hNn n sl�l ` 1;.. 'ca CSL THE 11VIUNICII' AL11'Y OF CUrrRAL ELGIN BY-LAW NO. 2226 the Planning Act, R.S.0, 1990, as amended, hereby enacts as follows: 1. That Amendment No. 6 to the Municipality of Central Elgin Official Plan, consisting of the attached Schedules and Explanatory Text, is hereby adopted. 2, This By-law shall come into force and take effect on the day of the final passing thereof. 3That By-law 2209 is hereby rer,)ealed. Enacted and passed this 29th day of January, 2018, 11avid Man" '(� e X?'6 rjeo px� k1s 0\00y W 1. Location 2. Purpose 3. Basis 1. Introductory Statement 2. Details of the Amendment 3. Implementation and Interpretation Appendix 1: Location Plan Appendix 11: Notice of Public Meeting Appendix III: Minutes of Public Meeting Appendix IV: Planning Report Appendix V: Zoning By-law Amendment Appendix VI: Correspondence Municipality of Central Elgin Adopted By Council — Dec. I P, 2017 Amendment No. 6 to the By-law No. 2209 Municipality of Central Elgin Official Plan Belmont Farm Supply 01 PART A - THE PREAMBLE - does not constitute part of this Amendment. PART B - THE AMENDMENT - consisting of the following text and schedules, designated Schedule "I" and Schedule "ll", constitute Amendment No. 6 to the Municipality of Central Elgin Official Plan. PART C - THE APPENDICES - do not constitute part of this Amendment. The appendices (I to VI) contain the background data, technical justification and public involvement associated with this Amendment. 1, Donald N. Leitch, Chief Administrative Officer/Clerk of the Municipality of Central Elgin, do hereby// �qrtify that the following (Part 13) is a true copy of Amendment No. 6 to the Municipality of Centr lgin Official PI as adopted by the Council of the Corporation of the Municipality of Central [;Igin (By-lawKo. �209). D6-nald N. Leitch Chief Administrative Officer/Clerk Municipality of Central Elgin Amendment No. 6 to the Municipality of Central Elgin Official Plan 99 Adopted By Council — Dec, 111', 2017 By-law No. 2209 Belmont Farm Supply I The property affected by this Amendment is approximately 8,559M2 (2.1 acres) in lot area and is located on the east side of Belmont Road, just north of the railway tracks. Formerly a part of Don Yeck Park, which is known municipally as 14020 Belmont Road, the subject lands may be legally described as Part of Lot 32, Plan 231, geographic Village of Belmont, now Municipality of Central Elgin. The location of the subject lands is shown in heavy solid lines on the Location Plan found in Appendix I to this Amendment. The purpose of this Amendment is to re -designate the subject lands from the current "Community Facility" designation to "Commercial -Industrial" in order to support a proposed zoning by-law amendment to allow the expansion of the applicant's commercial farm supply business onto the subject lands. The basis of this amendment is as follows: The applicant is proposing to expand their commercial farm supply business onto the subject lands. The applicant proposes to construct a 1,233M2 warehouse and fertilizer blending facility onto the additional lands, which are surplus to the Municipality's needs for parkland. The subject lands are currently located within the "Community Facility' designation in accordance with Schedule "B" — Community of Belmont Land Use Plan, to the Municipality of Central Elgin Official Plan. The Community Facility Policies of the Plan permit indoor and outdoor recreation, leisure, conservation and public works purposes. An amendment to the Official Plan is required to support the proposed expansion of the commercial farm supply business onto the subject lands. This amendment is for a change in the land use designation from the current "Community Facility" designation to "Commercial -Industrial". Surrounding land uses are predominantly agricultural to the south and east, commercial and industrial to the west and parkland to the north (Don Yeck Park). A Location Plan showing the location of the subject property in relation to these surrounding uses is found in Appendix 1, attached. Municipality of Central Elgin Amendment No. 6 to the Municipality of Central Elgin Official Plan Adopted By Council — Dec. 1 Vh, 2017 By-law No. 2209 Belmont Farm Supply The County of Elgin is the Approval Authority on matters of local Official Plan amendments and the proposed amendment must comply with the County Official Plan. The subject lands are located within a "Tier 1" Settlement Area in accordance with Schedule "A" - Land Use, to the County of Elgin Official Plan. Tier 1 Settlement Areas are settlement areas characterized by full municipal services and are the preferred location for new development. The County Plan also states that Councils of the local municipalities may zone to permit the continuation, expansion or enlargement of legally existing uses,, or variations to similar uses, provided that such uses have no adverse effect on present uses of surrounding lands or the implementation of the provisions of the County Plan; and, are subject to any conditions that may be contained in a local Official Plan. The subject lands are currently located within the Park Zone (P) of the Village of Belmont Zoning By-law No. 91-21, as amended. The P zone permits park, arenas, ball diamonds, playing fields, playgrounds, picnic facilities, community halls, public buildings, parking areas accessory to the permitted uses, and uses, buildings and structures accessory and incidental thereto. A zoning by-law amendment is required in order to support the expansion of the commercial farm supply business onto the subject lands as proposed by the applicant. A zoning by-law amendment (see Appendix V) was approved by Council concurrent with this amendment in order to implement the proposed Official Plan amendment. t A public meeting was held on the application on November 27', 2017 (see Notice of Public Meeting in Appendix 11). Correspondence was received from one resident expressing a concern over the loss of parkland. Correspondence was also received from Elgin St. Thomas Health expressing concerns with respect to the product stored on site, and in particular anhydrous ammonia. A meeting was arranged between the Health Unit and the applicant to review the applicant's operation and health and safety protocols. Subsequent to that meeting the Health Unit has confirmed that they have no concerns with the proposed expansion. Nobody appeared to speak to the application at the public meeting (see Minutes of Public Meeting in Appendix III and correspondence in Appendix VI). One additional piece of correspondence was received subsequent to the public meeting (Anthony Burggraaf, see Appendix VI). Some comments within the letter are factually inaccurate (Belmont farm Supply does not handle ammonium nitrate, used in the Oklahoma City attack; they do not own the lands to the south). Environmental concerns have been addressed to the satisfaction of the Health Unit. Other concerns regarding sprayers and helicopters reflect seasonal practices at the Farm Supply that have been ongoing for 30 years and will not change or increase as a result of the proposed expansion. Municipality of Central Elgin Amendment No. 6 to the Municipality of Central Elgin Official Plan M Adopted By Council — Dec. 1111, 2017 By-law No. 2209 Belmont Farm Supply F111117�1111­1l' ir 01 �61_ I �J'* iffl, All of this part of the document entitled "Part B- the Amendment" consisting of the following text and Schedules constitutes Amendment No. 6 to the Municipality of Central Elgin Official Plan. m4yffllma The Official Plan is amended as follows: Schedule "B" - Community of Belmont Land Use Plan to the Municipality of Central Elgin Official Plan is hereby amended by re -designating the lands shown enclosed in heavy solid lines and numbered "6" on the Location Plan attached as Appendix "I" to this amendment, from "Community Facility" to "Commercial -Industrial". The implementation and interpretation of this Amendment shall be in accordance with the respective policies of the Municipality of Central Elgin Official Plan. Municipality of Central Elgin Amendment No. 6 to the Municipality of Central Elgin Official Plan M Adopted By Council — Dec. 1101, 2017 By-law No. 2209 Belmont Farm Supply Schedule "'B" To The Official Plan of The Municipality of Central Elgin Community of Belmont LAND USE PLAN Land Use Desi®nation Agricultural Residential Commercial =in Community Facility Commercial - Industrial Natural Heritage Land Use Overlay Natural Hazard Former waste Sites Ma® Re -Lend . . . Urban Settlement Area Built Area Limits Municipal Boundary Railway Watercourses Waterbodies Sewage Lagoons Awaau 175 0 175 350 Metres offi""C­W W.U.. Mi -ch 20 13 Adopted iY February F�b21 2012 Approved W" M,,dffica U.- February 6 2013 ',JREPORT TO COUNTY COUNCIL FROM: Michele Harris, Director of Homes and Seniors Services DATE: February 13, 2018 SUBJECT: New Horizon for Seniors Grant "Farm to Table Gathering" INTRODUCTION: The County of Elgin Homes and Seniors Services have been awarded the Government of Canada, New Horizon for Seniors Grant 2018 in the amount of $25,000. The program will support seniors as they make a difference in the lives of others in their communities through their input, leadership and participation in a quarterly "Farm to Table Gathering" in each of the County of Elgin Homes. DISCUSSION: The "Farm to Table Gathering" will support the New Horizon for Seniors Grant mandate to: support the social participation and inclusion of seniors; promote intergenerational volunteerism and engagement; and, to engage seniors in Elgin County in the mentoring of others. The project will run from approximately April 1, 2018 to December 31, 2018. Each of the twelve "Farm to Table Gatherings" will include a healthy locally sourced seasonal meal, a guest speaker, entertainment and an evaluation of the ongoing needs and interests of the participants. The program will aim to engage over 130 seniors over the course of the project, including County of Elgin Homes residents and local community members. The program will benefit local businesses and will involve input and consultation from seniors living in the County of Elgin as well as local partnering organizations such as the Dutton Lions Club Seniors Apartments, Elgin -St. Thomas Victorian Order of Nurses, Elgin -St. Thomas Alzheimer Society of Canada, County of Elgin Homes Resident and Family Councils and Homes Auxiliaries. The Farm to Table Gathering will further support the County of Elgin corporate goals: to nurture and support dignified long-term care; to promote Elgin as "The Place to Live"; to forge community partnerships; and, to recognize and seize opportunities for improvement. CONCLUSION: The County of Elgin "Farm to Table Gathering" project, funded through the Canadian Government, New Horizon for Seniors Grant program is an opportunity for the County of Elgin to engage and enrich the lives of seniors in in our communities and Homes while benefiting local organizations and businesses across the County of Elgin. a RECOMMENDATION: THAT the County of Elgin approve the New Horizon for Seniors Grant project "Farm to Table Gathering". All of which is Respectfully Submitted Approved for Submission Michele Harris Julie Gonyou Director of Homes and Seniors Services Chief Administrative Officer 91 EIgin REPORT TO COUNTY COUNCIL FROM: Michele Harris, Director of Homes and Seniors Services DATE: February 22, 2018 SUBJECT: Homes — Resident Quality Inspection (RQI) — Report for Bobier Villa, Elgin Manor and Terrace Lodge INTRODUCTION: Bobier Villa, Elgin Manor and Terrace Lodge underwent the annual Resident Quality Inspection (RQI) as required under the Long -Term Care Act, (LTCHA) 2007. The results of the 2017 inspections are outlined in this report. DISCUSSION: The Ministry of Health and Long Term Care (MOHLTC) Inspectors conducted site visits for Bobier Villa, Elgin Manor and Terrace Lodge during July, September and November of 2017 with all results having been received by mid-December 2017. The RQI is conducted as either a "short" version; or, as a "full" version. A short version may only be conducted two (2) years in a row; after which time a full version must be conducted. Bobier Villa and Elgin Manor received the short version RQI in 2017; and Terrace Lodge received the full version. Many Homes within the province having received the full version RQI in 2017 experienced an increase in the number of non -compliances. Possible non-compliance outcomes include written notification (WN), voluntary plan of correction (VPC), director referral (DR), compliance order (CO), and work and activity orders (WAO). If non-compliance is found inspectors use the "Judgement Matrix" tool to determine the most appropriate action(s)/order(s) to issue in relation to a finding of non-compliance. The judgement matrix tool outlines the following factors that must be considered: Severity of the non-compliance Scope of the non-compliance Compliance history of the home Levels of Severity of Non -Compliance — Slide deck: MOHLTC Understanding Your Inspection Report/Orders; The LTC Quality Inspection Program November 23, 2010 Severity Levels Definitions Level 1 This non-compliance has the potential for causing no more than minor or Minimal Harm negative impact on the residents). Level 2 This non-compliance results in minimal discomfort to the resident and/or Minimal harm or has the potential (not yet realized) to negatively affect the resident's potential for ability to achieve his/her highest functional status. actual harm Level 4 This non-compliance places the resident in immediate jeopardy as it Immediate caused (or is likely to cause) serious injury, harm, impairment, or death jeopardy to a resident receiving Wfe in the LTC home. Levels of Scope of Non -Compliance - Slide deck: MOHLTC Understanding Your Inspection Report/Orders; The LTC Quality Inspection Program November 23, 2010 Scope Definitions Level 1 When one or the fewest number of residents are affected and/or one or Isolated the fewest number of staff are involved, and /or the situation has occurred Level 2 only occasionally or in a very limited number of locations (or units) in the Previous unrelated LTC home. non-compliance Five per cent (5%) or less of the affected surveyed population. Level 2 When more than the fewest number of residents are affected and/or more Pattern than the fewest number of staff involved, and/or the situation has compliance occurred in several locations, and/or the same residents) have been Level 4 affected by repeated occurrences of the same deficient practice. Ongoing non- Greater than 5% or fewer than 33% of the affected surveyed population. Level 3 When the problems causing the deficiency are pervasive in the LTC home Widespread and/or represent systemic failure that affected or has the potential to by ministry affect a large number of the LTC home's residents. Widespread scope Level 5 refers to the entire population at the home that were surveyed, not a Multiple non- subset of residents or one unit or location that was surveyed. compliances related Greater than 33% of the affected surveyed population. Or in the case of and unrelated an infectious disease outbreak, when the Medical Officer of Health categorizes the situation as an "outbreak". Levels of Compliance History - Slide deck: MOHLTC Understanding Your Inspection Report/ Orders; The LTC Quality Inspection Program November 23, 2010 Level 1 No previous non-compliance within one full year of the date of the No previous non- current inspection. compliance Level 2 One or more unrelated non-compliance in the last three years Previous unrelated (2 full years and current year). non-compliance Level 3 One or more related non-compliance in the last three years Previous related non- (2 full years and current year). compliance Level 4 Despite ministry action (written plan of correction to be Ongoing non- implemented voluntarily) or issuance of an order, the licensee compliance despite continues to be in non-compliance with the original area of non - previous action taken compliance on the third inspection. by ministry Level 5 Multiple non -compliances, with at least one related to the current Multiple non- area of concern. compliances related and unrelated 93 The Ministry of Health and Long -Term Care Inspectors were complimentary of the Homes and the efforts of all front line staff. There were no referrals or orders received at any of the Homes. Each of the Homes was issued non -compliances with the 2017 inspection results as follows: Home # of non- Type of non- Level of Level of Level of compliances compliance Severity Scope Compliance History Bobier Villa 2 2 written Level 2- 2 Level 1- 2 Level 1- 2 notifications with 1 VPC Elgin Manor 3 3 written Level 1- 2 Level 1- 2 Level 2- 2 notifications Level 3- 1 Level 2- 1 Level 3- 1 with 1 VPC Terrace 18 18 written Level 1 - 4 Level 1 - 9 Level 1 - 14 Lodge notifications Level 2 -13 Level 2 - 5 Level 3 - 4 with 16 VPC Level 3 - 1 Level 3 - 4 Although there was an increase in the number of non -compliances at Terrace Lodge with the full version RQI, the type of non -compliances along with the level of severity, scope and compliance history support the ongoing reputation and quality of resident care provided by the County of Elgin Homes and staff. Identified areas in need of improvement include: Personal Assistive Safety Device and restraint documentation, wound assessment documentation, safety (doors, transfers and positioning, bed assessment ), critical incident reporting timelines and information; medication storage and incident follow up, care planning (oral care, supplements, safety, rest routines) and timely notification of transfer to hospital. The management team(s) are confident that the non -compliances will be addressed in 2018 through a process improvement plan developed by the Continuous Quality Improvement Committees and are being incorporated into aspects of the 2018/2019 Quality Improvement Plans. CONCLUSION: All three Elgin County Homes have received the annual RQI. Recommendations for improvement have been received and plans of correction are being carried out. RECOMMENDATION: THAT the report titled "Homes — Resident Quality Inspection (RQI) — Report for Bobier Villa, Elgin Manor and Terrace Lodge" dated February 22, 2018 be received and filed. All of which is Respectfully Submitted Michele Harris Director of Homes and Seniors Services Approved for Submission Julie Gonyou Chief Administrative Officer EIgin REPORT TO COUNTY COUNCIL FROM: Michele Harris, Director of Homes and Seniors Services DATE: February 22, 2018 SUBJECT: Homes — Long -Term Care Home Service Accountability Agreement (L -SAA) — Schedule E INTRODUCTION: The South West Local Health Integration Network (SWLHIN) Service Accountability Agreement Schedule E — Form of Compliance Declaration is an annual reporting requirement. DISCUSSION: The Long -Term Care Home Service Accountability Agreement (L -SAA) includes a schedule of reporting requirements for specific reports related to performance, occupancy, staffing, funding, compliance, etc. Schedule E, "Form of Compliance Declaration" relates to a declaration by the Chief Executive Officer that the Health Service Provider has fulfilled its obligations under the L -SAA during the applicable period. The reporting period is from January 1, 2017 — December 31, 2017. CONCLUSION; To the best of staff's knowledge, the (3) three County of Elgin Homes have satisfied the requirements of Schedule E — Form of Compliance Declaration and recommend that this form be signed for all (3) three homes. RECOMMENDATION: THAT Council authorize staff to sign the "Long -Term Care Home Service Accountability Agreement — Schedule E" for the Homes for January 1, 2017 — December 31, 2017. All of which is Respectfully Submitted Approved for Submission Michele Harris Julie Gonyou Administrator, Seniors Services Chief Administrative Officer 95 Schedule E — Form of Compliance Declaration DECLARATION OF COMPLIANCE Issued pursuant to the Long Term Care Service Accountability Agreement To: The Board of Directors of the South West Local Health Integration Network (the "LHIN"). Attn: Board Chair. From: The Board of Directors (the "Board") of the Corporation of the County of Elgin (the "HSP") For: Bobier Villa (the "Home") Date: February 22, 2018 Re: January 1, 2017 — December 31, 2017 (the "Applicable Period") The Board has authorized me, by resolution dated March 13, 2018 to declare to you as follows: After making inquiries of Michele Harris, Director of Homes and Seniors Services and other appropriate officers of the HSP and subject to any exceptions identified on Appendix 1 to this Declaration of Compliance, to the best of the Board's knowledge and belief, the HSP has fulfilled, its obligations under the long-term care service accountability agreement (the "Agreement") in effect during the Applicable Period. Without limiting the generality of the foregoing, the HSP confirms that (i) it has complied with the provisions of the Local Health System Integration Act, 2006 and with any compensation restraint legislation which applies to the HSP; and (ii) every Report submitted by the HSP is accurate in all respects and in full compliance with the terms of the Agreement; Unless otherwise defined in this declaration, capitalized terms have the same meaning as set out in the Agreement between the LHIN and the HSP effective April 1, 2016. Julie Gonyou, CAO David Marr, Warden Schedule E — Form of Compliance Declaration Cont'd. Appendix 1 - Exceptions Please identify each obligation under the LSAA that the HSP did not meet during the Applicable Period, together with an explanation as to why the obligation was not met and an estimated date by which the HSP expects to be in compliance. [insert here] Schedule E — Form of Compliance Declaration DECLARATION OF COMPLIANCE Issued pursuant to the Long Term Care Service Accountability Agreement To: The Board of Directors of the South West Local Health Integration Network (the "LHIN"). Attn: Board Chair. From: The Board of Directors (the "Board") of the Corporation of the County of Elgin (the "HSP") For: Elgin Manor (the "Home") Date: February 22, 2018 Re: January 1, 2017 — December 31, 2017 (the "Applicable Period") The Board has authorized me, by resolution dated March 13, 2018 to declare to you as follows: After making inquiries of Michele Harris, Director of Homes and Seniors Services and other appropriate officers of the HSP and subject to any exceptions identified on Appendix 1 to this Declaration of Compliance, to the best of the Board's knowledge and belief, the HSP has fulfilled, its obligations under the long-term care service accountability agreement (the "Agreement") in effect during the Applicable Period. Without limiting the generality of the foregoing, the HSP confirms that (i) it has complied with the provisions of the Local Health System Integration Act, 2006 and with any compensation restraint legislation which applies to the HSP; and (ii) every Report submitted by the HSP is accurate in all respects and in full compliance with the terms of the Agreement; Unless otherwise defined in this declaration, capitalized terms have the same meaning as set out in the Agreement between the LHIN and the HSP effective April 1, 2016. Julie Gonyou, CAO David Marr, Warden Schedule E — Form of Compliance Declaration Cont'd. Appendix 1 - Exceptions Please identify each obligation under the LSAA that the HSP did not meet during the Applicable Period, together with an explanation as to why the obligation was not met and an estimated date by which the HSP expects to be in compliance. [insert here] Schedule E — Form of Compliance Declaration DECLARATION OF COMPLIANCE Issued pursuant to the Long Term Care Service Accountability Agreement To: The Board of Directors of the South West Local Health Integration Network (the "LHIN"). Attn: Board Chair. From: The Board of Directors (the "Board") of the Corporation of the County of Elgin (the "HSP") For: Terrace Lodge (the "Home") Date: February 22, 2018 Re: January 1, 2017 — December 31, 2017 (the "Applicable Period") The Board has authorized me, by resolution dated March 13, 2018 to declare to you as follows: After making inquiries of Michele Harris, Director of Homes and Seniors Services and other appropriate officers of the HSP and subject to any exceptions identified on Appendix 1 to this Declaration of Compliance, to the best of the Board's knowledge and belief, the HSP has fulfilled, its obligations under the long-term care service accountability agreement (the "Agreement") in effect during the Applicable Period. Without limiting the generality of the foregoing, the HSP confirms that (i) it has complied with the provisions of the Local Health System Integration Act, 2006 and with any compensation restraint legislation which applies to the HSP; and (ii) every Report submitted by the HSP is accurate in all respects and in full compliance with the terms of the Agreement; Unless otherwise defined in this declaration, capitalized terms have the same meaning as set out in the Agreement between the LHIN and the HSP effective April 1, 2016. Julie Gonyou, CAO David Marr, Warden Schedule E — Form of Compliance Declaration Cont'd. Appendix 1 - Exceptions Please identify each obligation under the LSAA that the HSP did not meet during the Applicable Period, together with an explanation as to why the obligation was not met and an estimated date by which the HSP expects to be in compliance. [insert here] f,r�,yrrrl! %hY h�.1111 101 Wl REPORT TO COUNTY COUNCIL 1 iJ W `L✓ 'fid $ vs92 FROM: Michele Harris, Director of Homes and Seniors Services DATE: February 22, 2018 SUBJECT: Homes — Long -Term Care (LTC) Case Mix Index (CMI) Results for 2018-2019 Funding INTRODUCTION: The Ministry of Health and Long -Term Care (MOHLTC) has provided notification of the results for the 2018-2019 Nursing and Personal Care (NPC) envelope funding, referred to as the CMI. DISCUSSION/CONCLUSION: Each year the MOHLTC informs long-term care homes of the results of the prior year's Minimum Data Set (MDS)/Resident Assessment Instrument (RAI) which defines the level of funding for the NPC envelope. Since the implementation of the MDS/RAI assessment system, long-term care homes continue to compete for funding from the same pot despite the increasing acuity levels of the aging population including those of responsive behaviours. As stated by the MOHLTC, "The case mix system allocates the funding pot but does not change the size of the pot". The 2018-2019 CMI for the Homes has increased slightly; the overall impact is outlined below: CMI Fundina Imoact EM TL BV Total Increase in Funding Aoril 2018 to March 2019 $5,080 $11,289 ($13,023) $3,346 Staff will continue to provide education to focus on coding accuracy and conduct on-going MDS/RAI audits. In 2017, a CMI supervisor role was introduced as a shared role between Bobier Villa and Terrace Lodge to provide education, analysis and recommendations to the Homes regarding MDS/RAI processes (coding, RAPs and care planning). The benefits realized through the introduction of the CMI supervisor role will impact the 2019-2020 funding years. RECOMMENDATION: THAT the report titled "Long -Term Care (LTC) Case Mix Index (CMI) Results for 2018-2019 Funding" dated February 22, 2018 be received and filed. All of which is Respectfully Submitted Approved for Submission Michele Harris Julie Gonyou Director of Homes and Seniors Services Chief Administrative Officer 102 w M�irarl//1��af: REPORT TO COUNTY COUNCIL FROM: Julie Gonyou, Chief Administrative Officer Michele Harris, Director of Homes and Seniors Services DATE: February 22, 2018 SUBJECT: 2018-2019 Multi -Sector Service Accountability Agreement (M -SAA) INTRODUCTION: The South West Local Health Integration Network (LHIN) has provided Long -Term Care Homes with a Multi -Sector Service Accountability Agreement (M -SAA). BACKGROUND: The M -SAA takes effect on April 1, 2018 and must be received by the South West LHIN no later than March 30, 2018. For several months the South West LHIN has been working towards replacing the current 2016-2019 Multi -Sector Service Accountability Agreement with a revised 2018- 2019 Multi -Sector Service Accountability Agreement. The new Agreement has been updated to ensure alignment with recent legislative changes necessitated by the Patients First Act. It is a requirement of the Local Health System Integration Act, 2006 (LHSIA) that LHINs enter into a M -SAA with each Health Service Provider (HSP) that it funds. The current M -SAA was set to expire on March 31, 2019, as will the new M -SAA. The M -SAA Schedules need to be reviewed and refreshed for 2018-2019 to account for any service, financial and/or performance changes for the 2018-2019 fiscal year. In light of ongoing LHIN renewal activities across the province and Patients First Act legislative changes, there was agreement that only minor changes be made to M -SAA Schedules. The revised Multi -Sector Service Accountability Agreement is attached for your reference. RECOMMENDATION: THAT the Chief Administrative Officer be authorized to sign the Multi -Sector Service Accountability Agreement for 2018-2019 with the Southwest Local Health Integration Network for Bobier Villa and Terrace Lodge. All of which is Respectfully Submitted Julie Gonyou Chief Administrative Officer Michele Harris Director of Homes and Seniors Services 103 MULTI -SECTOR SERVICE ACCOUNTABILITY AGREEMENT April 1, 2018 to March 31, 2019 SERVICE ACCOUNTABILITY AGREEMENT with The Corporation of the County of Elgin Effective Date: April 1, 2018 Index to Agreement ARTICLE 1.0 - DEFINITIONS & INTERPRETATION ARTICLE 2.0 - TERM AND NATURE OF THIS AGREEMENT ARTICLE 3.0 ARTICLE 4.0 ARTICLE 5.0 ARTICLE 6.0 ARTICLE 7.0 ARTICLE 8.0 ARTICLE 9.0 ARTICLE 10.0 ARTICLE 11.0 ARTICLE 12.0 ARTICLE 13.0 ARTICLE 14.0 ARTICLE 15.0 Schedules - PROVISION OF SERVICES - FUNDING - REPAYMENT AND RECOVERY OF FUNDING - PLANNING & INTEGRATION -PERFORMANCE - REPORTING, ACCOUNTING AND REVIEW - ACKNOWLEDGEMENT OF LHIN SUPPORT - REPRESENTATIONS, WARRANTIES AND COVENANTS - LIMITATION OF LIABILITY, INDEMNITY & INSURANCE -TERMINATION OF AGREEMENT - NOTICE - ADDITIONAL PROVISIONS - ENTIRE AGREEMENT A - Detailed Description of Services B - Service Plan C - Reports D - Directives, Guidelines, Policies & Standards E - Performance F - Project Funding Agreement Template G - Declaration of Compliance 104 THE AGREEMENT effective as of the 1St day of April, 2018 BETWEEN: SOUTH WEST LOCAL HEALTH INTEGRATION NETWORK (the "LHIN") - and - The Corporation of the County of Elgin (the "HSP") Background: This service accountability agreement, entered into pursuant to the Local Health System Integration Act, 2006 ("LHSIA"), reflects and supports the commitment of the LHIN and the HSP to, separately, jointly, and in cooperation with other stakeholders, work diligently and collaboratively toward the achievement of the purpose of LHSIA, namely "to provide for an integrated health system to improve the health of Ontarians through better access to high quality health services, co-ordinated health care in local health systems and across the province and effective and efficient management of the health system at the local level by local health integration networks". The HSP and the LHIN, being committed to a health care system as envisioned by LHSIA and the Patient's First: Action Plan for Health Care ("Patients First"), intend to cooperate to advance the purpose and objects of LHSIA and the further development of a patient -centered, integrated, accountable, transparent, and evidence -based health system contemplated by LHSIA and Patients First. They will do so by such actions as: supporting the development and implementation of sub -regions and Health Links to facilitate regional integrated health care service delivery; breaking down silos that inhibit the seamless transition of patients within the health care system; striving for the highest quality and continuous improvement in the delivery of health services and in all aspects of the health system, including by identifying and addressing the root causes of health inequities, and by improving access to primary care, mental health and addiction services and wait times for specialists; and otherwise striving for the highest quality and continuous improvement in the delivery of health services and in all aspects of the health system. The HSP and the LHIN are committed to working together, and with others, to achieve evolving provincial priorities described: in mandate letters from the Minister of Health and Long -Term Care to the LHIN, from time to time; in the provincial strategic plan for the health system; and, in the LHIN's Integrated Health Services Plan. In this context, the HSP and the LHIN agree that the LHIN will provide funding to the HSP on the terms and conditions set out in this Agreement to enable the provision of services to the local health system by the HSP. In consideration of their respective agreements set out below, the LHIN and the HSP covenant and agree as follows: 105 ARTICLE 1.0 - DEFINITIONS & INTERPRETATION 1.1 Definitions. In this Agreement the following terms will have the following meanings: "Accountability Agreement" means the accountability agreement, as that term is defined in LHSIA, in place between the LHIN and the MOHLTC during a Funding Year, currently referred to as the Ministry-LHIN Accountability Agreement; "Active Offer" means the clear and proactive offer of service in French to individuals, from the first point of contact, without placing the responsibility of requesting services in French on the individual; "Agreement" means this agreement and includes the Schedules, as amended from time to time; "Annual Balanced Budget" means that, in each Funding Year of the term of this Agreement, the total revenues of the HSP are greater than or equal to the total expenses, from all sources, of the HSP; "Applicable Law" means all federal, provincial or municipal laws, regulations, common law, any orders, rules or by-laws that are applicable to the HSP, the Services, this Agreement and the parties' obligations under this Agreement during the term of this Agreement; "Applicable Policy" means any rules, policies, directives, standards of practice or Program Parameters issued or adopted by the LHIN, the MOHLTC or other ministries or agencies of the province of Ontario that are applicable to the HSP, the Services, this Agreement and the parties' obligations under this Agreement during the term of this Agreement. Without limiting the generality of the foregoing, Applicable Policy includes the other documents identified in Schedule D; "Board" means: (1) in respect of an HSP that does not have a Long -Term Care Home Service Accountability Agreement with the LHIN and is: (a) a corporation, the board of directors; (b) a First Nation, the band council; and (c) a municipality, the municipal council; and, (2) in respect of an HSP that has a Long -Term Care Home Service Accountability Agreement with the LHIN and is: (a) a corporation, the board of directors; (b) a First Nation, the band council; (c) a municipality, the committee of management; (d) a board of management established by one or more municipalities or by one or more First Nations' band councils, the members of the board of management; "BPSAX means the Broader Public Sector Accountability Act, 2010 and regulations made under it, as it and they may be amended from time to time; 106 "Budget" means the budget approved by the LHIN and appended to this Agreement in Schedule B; "CEO" means the individual accountable to the Board for the provision of the Services in accordance with the terms of this Agreement; "Chair" means, if the HSP is: (a) a corporation, the Chair of the Board; (b) a First Nation, the Chief; and (c) a municipality, the Mayor, or such other person properly authorized by the Board or under Applicable Law; "Compliance Declaration" means a compliance declaration substantially in the form set out in Schedule G; "Confidential Information" means information that is: (1) marked or otherwise identified as confidential by the disclosing party at the time the information is provided to the receiving party; and (2) eligible for exclusion from disclosure at a public board meeting in accordance with section 9 of LHSIA. Confidential Information does not include information that: (a) was known to the receiving party prior to receiving the information from the disclosing party; (b) has become publicly known through no wrongful act of the receiving party; or (c) is required to be disclosed by law, provided that the receiving party provides Notice in a timely manner of such requirement to the disclosing party, consults with the disclosing party on the proposed form and nature of the disclosure, and ensures that any disclosure is made in strict accordance with Applicable Law; "Conflict of Interest" in respect of an HSP, includes any situation or circumstance where: in relation to the performance of its obligations under this Agreement: (a) the HSP; (b) a member of the HSP's Board; or (c) any person employed by the HSP who has the capacity to influence the HSP's decision, has other commitments, relationships or financial interests that: (a) could or could be seen to interfere with the HSP's objective, unbiased and impartial exercise of its judgement; or (b) could or could be seen to compromise, impair or be incompatible with the effective performance of its obligations under this Agreement; "Controlling Shareholder" of a corporation means a shareholder who or which holds (or another person who or which holds for the benefit of such shareholder), other than by way of security only, voting securities of such corporation carrying more than 50% of the votes for the election of directors, provided that the votes carried by such securities are sufficient, if exercised, to elect a majority of the board of directors of such corporation; "Days" means calendar days; "Digital Health" has the meaning ascribed to it in the Accountability Agreement and means the coordinated and integrated use of electronic systems, information and communication technologies to facilitate the collection, exchange and management of personal health information in order to improve the quality, access, productivity and sustainability of the healthcare system; 107 Designated means designated as a public service agency under the FLSA; "Effective Date" means April 1, 2018; "Explanatory Indicator" means a measure of the HSP's performance for which no Performance Target is set. Technical specifications of specific Explanatory Indicators can be found in the WSAA Indicator Technical Specifications document". "FIPPA" means the Freedom of Information and Protection of Privacy Act (Ontario) and the regulations made it as it and they may be amended from time to time; "FLSA" means the French Language Services Act and the regulations made under the French Language Services Act, as it and they may be amended from time to time; "Funding" means the amounts of money provided by the LHIN to the HSP in each Funding Year of this Agreement; "Funding Year" means in the case of the first Funding Year, the period commencing on the Effective Date and ending on the following March 31, and in the case of Funding Years subsequent to the first Funding Year, the period commencing on the date that is April 1 following the end of the previous Funding Year and ending on the following March 31; "HSP's Personnel and Volunteers" means the controlling shareholders (if any), directors, officers, employees, agents, volunteers and other representatives of the HSP. In addition to the foregoing, HSP's Personnel and Volunteers shall include the contractors and subcontractors and their respective shareholders, directors, officers, employees, agents, volunteers or other representatives; "Identified" means identified by the LHIN or the Ministry to provide French language services; "Indemnified Parties" means the LHIN and its officers, employees, directors, independent contractors, subcontractors, agents, successors and assigns and her Majesty the Queen in Right of Ontario and her Ministers, appointees and employees, independent contractors, subcontractors, agents and assigns. Indemnified parties also includes any person participating on behalf of the LHIN in a Review; "Interest Income" means interest earned on the Funding; "LHIN Cluster" has the meaning ascribed to it in the Accountability Agreement and is a grouping of LHINs for the purpose of advancing Digital Health initiatives through regional coordination aligned with the MOHLTC's provincial priorities. "LHSIX means the Local Health System Integration Act, 2006, and the regulations made under it, as it and they may be amended from time to time; "Mandate Letter" has the meaning ascribed to it in the Memorandum of Understanding between MOHLTC and the LHIN, and means a letter from the Minister to the LHIN establishing priorities in accordance with the Premier's mandate letter to the Minister. "MOHLTC" means the Minister or the Ministry of Health and Long -Term Care, as the context requires; m "MSAA Indicator Technical Specifications document" means, as the context requires, either or both of the document entitled "Multi -Sector Service Accountability Agreement 2014-19: Indicator Technical Specifications October 20, 2017" and the document entitled "2016-17 Multi -Sector Service Accountability Agreements (MSAA) Target and Corridor Setting Guideline" as they may be amended or replaced from time to time; "Notice" means any notice or other communication required to be provided pursuant to this Agreement or LHSIA; "Performance Agreement" means an agreement between an HSP and its CEO that requires the CEO to perform in a manner that enables the HSP to achieve the terms of this Agreement and any additional performance improvement targets set out in the HSP's annual quality improvement plan under the Excellent Care for All Act, 2010,- "Performance 010,"Performance Corridor" means the acceptable range of results around a Performance Target. "Performance Factor" means any matter that could or will significantly affect a party's ability to fulfill its obligations under this Agreement; "Performance Indicator" means a measure of HSP performance for which a Performance Target is set; technical specifications of specific Performance Indicators can be found in the MSAA Indicator Technical Specifications document; "Performance Standard" means the acceptable range of performance for a Performance Indicator or a Service Volume that results when a Performance Corridor is applied to a Performance Target. "Performance Target" means the level of performance expected of the HSP in respect of a Performance Indicator or a Service Volume. "person or entity" includes any individual and any corporation, partnership, firm, joint venture or other single or collective form of organization under which business may be conducted; "Planning Submission" or "CAPS" or "Community Accountability Planning Submission" means the HSP Board approved planning document submitted by the HSP to the LHIN. The form, content and scheduling of the Planning Submission will be identified by the LHIN; "Program Parameter" means, in respect of a program, the provincial standards (such as operational, financial or service standards and policies, operating manuals and program eligibility), directives, guidelines and expectations and requirements for that program; "Project Funding Agreement" means an agreement in the form of Schedule F that incorporates the terms of this Agreement and enables the LHIN to provide one-time or short term funding for a specific project or service that is not already described in Schedule A; "Reports" means the reports described in Schedule C as well as any other reports or information required to be provided under LHSIA or this Agreement; 109 "Review" means a financial or operational audit, investigation, inspection or other form of review requested or required by the LHIN under the terms of LHSIA or this Agreement, but does not include the annual audit of the HSP's financial statements; "Schedule" means any one of, and "Schedules" mean any two or more, as the context requires, of the schedules appended to this Agreement including the following: Schedule A: Description of Services Schedule B: Service Plan Schedule C: Reports Schedule D: Directives, Guidelines and Policies Schedule E: Performance Schedule F: Project Funding Agreement Template Schedule G: Declaration of Compliance "Service Plan" means the Operating Plan and Budget appended as Schedule B; "Services" means the care, programs, goods and other services described in Schedule A and in any Project Funding Agreement executed pursuant to this Agreement. "Services" includes the type, volume, frequency and availability of the care, programs, goods and other services; "Service Volume" means a measure of Services for which a Performance Target is set; "Transition Plan" means a transition plan, acceptable to the LHIN that indicates how the needs of the HSP's clients will be met following the termination of this Agreement and how the transition of the clients to new service providers will be effected in a timely manner; and "2014-18 MSAX means the Multi -Sector Service Accountability Agreement April 1, 2014 to March 31, 2018. 1.2 Interpretation. Words in the singular include the plural and vice -versa. Words in one gender include all genders. The words "including" and "includes" are not intended to be limiting and shall mean "including without limitation" or "includes without limitation", as the case may be. The headings do not form part of this Agreement. They are for convenience of reference only and will not affect the interpretation of this Agreement. Terms used in the Schedules shall have the meanings set out in this Agreement unless 110 separately and specifically defined in a Schedule in which case the definition in the Schedule shall govern for the purposes of that Schedule. 1.3 MSAA Indicator Technical Specification Document. This Agreement shall be interpreted with reference to the MSAA Indicator Technical Specifications Document. ARTICLE 2.0 - TERM AND NATURE OF THIS AGREEMENT 2.1 Term. The term of this Agreement will commence on the Effective Date and will expire on March 31, 2019 unless terminated earlier or extended pursuant to its terms. 2.2 A Service Accountability Agreement. This Agreement is a service accountability agreement for the purposes of section 20(1) of LHSIA. ARTICLE 3.0 - PROVISION OF SERVICES 3.1 Provision of Services. (a) The HSP will provide the Services in accordance with, and otherwise comply with: (1) the terms of this Agreement, including the Service Plan; (2) Applicable Law; and (3) Applicable Policy. (b) When providing the Services, the HSP will meet the Performance Standards and conditions identified in Schedule E. (c) Unless otherwise provided in this Agreement, the HSP will not reduce, stop, start, expand, cease to provide or transfer the provision of the Services or change its Service Plan except with Notice to the LHIN, and if required by Applicable Law or Applicable Policy, the prior written consent of the LHIN. (d) The HSP will not restrict or refuse the provision of Services to an individual, directly or indirectly, based on the geographic area in which the person resides in Ontario. 3.2 Subcontracting for the Provision of Services. (a) The parties acknowledge that, subject to the provisions of LHSIA, the HSP may subcontract the provision of some or all of the Services. For the purposes of this Agreement, actions taken or not taken by the subcontractor, and Services provided by the subcontractor, will be deemed actions taken or not taken by the HSP, and Services provided by the HSP. (b) When entering into a subcontract the HSP agrees that the terms of the subcontract will enable the HSP to meet its obligations under this Agreement. Without limiting the foregoing, the HSP will include a provision that permits the LHIN or its authorized representatives, to audit the subcontractor in respect of the subcontract if the LHIN or its authorized representatives determines that such an audit would be necessary to confirm that the HSP has complied with the terms of this Agreement. 111 (c) Nothing contained in this Agreement or a subcontract will create a contractual relationship between any subcontractor or its directors, officers, employees, agents, partners, affiliates or volunteers and the LHIN. 3.3 Conflict of Interest. The HSP will use the Funding, provide the Services and otherwise fulfil its obligations under this Agreement, without an actual, potential or perceived Conflict of Interest. The HSP will disclose to the LHIN without delay any situation that a reasonable person would interpret as an actual, potential or perceived Conflict of Interest and comply with any requirements prescribed by the LHIN to resolve any Conflict of Interest. 3.4 Digital Health. The HSP agrees to: (a) assist the LHIN to implement provincial e -health priorities for 2017-18 and thereafter in accordance with the Accountability Agreement, as may be amended or replaced from time to time; (b) comply with any technical and information management standards, including those related to data, architecture, technology, privacy and security set for health service providers by MOHLTCor the LHIN within the timeframes set by MOHLTC or the LHIN as the case may be; (c) implement and use the approved provincial Digital Health solutions identified in the LHIN Digital Health plan; (d) implement technology solutions that are compatible or interoperable with the provincial blueprint and with the LHIN Cluster Digital Health plan; and (e) include in its annual Planning Submissions, plans for achieving Digital Health priority initiatives. 3.5 French Language Services. 3.5.1 The LHIN will provide the MOH LTC "Guide to Requirements and Obligations of LHIN French Language Services" to the HSP and the HSP will fulfill its roles, responsibilities and other obligations set out therein. 3.5.2 If Not Identified or Designated. If the HSP has not been Designated or Identified it will: (a) develop and implement a plan to address the needs of the local Francophone community, including the provision of information on services available in French; (b) work towards applying the principles of Active Offer in the provision of services; (c) provide a report to the LHIN that outlines how the HSP addresses the needs of its local Francophone community; and, (d) collect and submit to the LHIN as requested by the LHIN from time to time, French language service data. 3.5.3 If Identified. If the HSP is Identified it will: (a) work towards applying the principles of Active Offer in the provision of services; 112 (b) provide services to the public in French in accordance with its existing French language services capacity; (c) develop, and provide to the LHIN upon request from time to time, a plan to become Designated by the date agreed to by the HSP and the LHIN; (d) continuously work towards improving its capacity to provide services in French and toward becoming Designated within the time frame agreed to by the parties; (e) provide a report to the LHIN that outlines progress in its capacity to provide services in French and toward becoming Designated; (f) annually, provide a report to the LHIN that outlines how it addresses the needs of its local Francophone community; (g) collect and submit to the LHIN, as requested by the LHIN from time to time, French language services data. 3.5.4 If Designated. If the HSP is Designated it will: (a) apply the principles of Active Offer in the provision of services; (b) continue to provide services to the public in French in accordance with the provisions of the FLSA ; (c) maintain its French language services capacity; (d) submit a French language implementation report to the LHIN on the date specified by the LHIN, and thereafter, on each anniversary of that date, or on such other dates as the LHIN may, by notice, require; (e) collect and submit to the LHIN as requested by the LHIN from time to time, French language services data. 3.6 Minister's Mandate Letter language. The LHIN will receive a Mandate Letter from the Minister annually. Each Mandate Letter articulates areas of focus for the LHIN, and the Minister's expectation that the LHIN and health service providers it funds will collaborate to advance these areas of focus. To assist the HSP in its collaborative efforts with the LHIN, the LHIN will share each relevant Mandate Letter with the HSP. The LHIN may also add local obligations to Schedule E as appropriate to further advance any priorities set put in a Mandate Letter. 3.7 Policies, Guidelines, Directives and Standards. Either the LHIN or the MOHLTC will give the HSP Notice of any amendments to the manuals, guidelines or policies identified in Schedule D. Amendments will be effective in accordance with the terms of the amendment. By signing a copy of this Agreement the HSP acknowledges that it has a copy of the documents identified in Schedule D. ARTICLE 4.0 - FUNDING 4.1 Funding. Subject to the terms of this Agreement, and in accordance with the applicable provisions of the Accountability Agreement, the LHIN: (a) will provide the funds identified in Schedule B to the HSP for the purpose of providing or ensuring the provision of the Services; (b) and 113 (c) will deposit the funds in regular instalments, once or twice monthly, over the term of this Agreement, into an account designated by the HSP provided that the account resides at a Canadian financial institution and is in the name of the HSP. 4.2 Limitation on Payment of Funding. Despite section 4.1, the LHIN: (a) will not provide any funds to the HSP until this Agreement is fully executed; (b) may pro -rate the funds identified in Schedule B to the date on which this Agreement is signed, if that date is after April 1; (c) will not provide any funds to the HSP until the HSP meets the insurance requirements described in section 11.4; (d) will not be required to continue to provide funds in the event the HSP breaches any of its obligations under this Agreement, until the breach is remedied to the LHIN's satisfaction; and (e) upon notice to the HSP, may adjust the amount of funds it provides to the HSP in any Funding Year based upon the LHIN's assessment of the information contained in the Reports. 4.3 Appropriation. Funding under this Agreement is conditional upon an appropriation of moneys by the Legislature of Ontario to the MOHLTC and funding of the LHIN by the MOHLTC pursuant to LHSIA. If the LHIN does not receive its anticipated funding the LHIN will not be obligated to make the payments required by this Agreement. 4.4 Additional Funding. (a) Unless the LHIN has agreed to do so in writing, the LHIN is not required to provide additional funds to the HSP for providing additional Services or for exceeding the requirements of Schedule E. (b) The HSP may request additional funding by submitting a proposal to amend its Service Plan. The HSP will abide by all decisions of the LHIN with respect to a proposal to amend the Service Plan and will make whatever changes are requested or approved by the LHIN. The Service Plan will be amended to include any approved additional funding. (c) Funding Increases. Before the LHIN can make an allocation of additional funds to the HSP, the parties will: (1) agree on the amount of the increase; (2) agree on any terms and conditions that will apply to the increase; and (3) execute an amendment to this Agreement that reflects the agreement reached. 4.5 Conditions of Funding. (a) The HSP will: (1) fulfill all obligations in this Agreement; (2) use the Funding only for the purpose of providing the Services in accordance with Applicable Law, Applicable Policy and the terms of this Agreement; (3) spend the Funding only in accordance with the Service Plan; and 114 (4) plan for and achieve an Annual Balanced Budget. (b) The LHIN may add such additional terms or conditions on the use of the Funding which it considers appropriate for the proper expenditure and management of the Funding. (c) All Funding is subject to all Applicable Law and Applicable Policy, including Health System Funding Reform, as it may evolve or be replaced over the term of this Agreement 4.6 Interest. (a) If the LHIN provides the Funding to the HSP prior to the HSP's immediate need for the Funding, the HSP shall place the Funding in an interest bearing account in the name of the HSP at a Canadian financial institution. (b) Interest Income must be used, within the fiscal year in which it is received, to provide the Services. (c) Interest Income will be reported to the LHIN and is subject to year-end reconciliation. In the event that some or all of the Interest Income is not used to provide the Services, (1 ) the LHIN may deduct the amount equal to the unused Interest Income from any further Funding instalments under this or any other agreement with the HSP; and/or (2) the LHIN may require the HSP to pay an amount equal to the unused Interest Income to the Ministry of Finance. 4.7 Rebates, Credits and Refunds. The HSP: (a) acknowledges that rebates, credits and refunds it anticipates receiving from the use of the Funding have been incorporated in its Budget; (b) agrees that it will advise the LHIN if it receives any unanticipated rebates, credits and refunds from the use of the Funding, or from the use of funding received from either the LHIN or the MOHLTC in years prior to this Agreement that was not recorded in the year of the related expenditure; (c) agrees that all rebates, credits and refunds referred to in (b) will be considered Funding in the year that the rebates are received, regardless of the year to which the rebate relates. 4.8 Procurement of Goods and Services. (a) If the HSP is subject to the procurement provisions of the BPSAA, the HSP will abide by all directives and guidelines issued by the Management Board of Cabinet that are applicable to the HSP pursuant to the BPSAA. (b) If the HSP is not subject to the procurement provisions of the BPSAA, the HSP will have a procurement policy in place that requires the acquisition of supplies, equipment or services valued at over $25,000 through a competitive process that ensures the best value for funds expended. If the HSP acquires supplies, equipment or services with the Funding it will do so through a process that is consistent with this policy. 115 4.9 Disposition. The HSP will not, without the LHIN's prior written consent, sell, lease or otherwise dispose of any assets purchased with Funding, the cost of which exceeded $25,000 at the time of purchase. ARTICLE 5.0 - REPAYMENT AND RECOVERY OF FUNDING 5.1 Repayment and Recovery. (a) At the End of a Funding Year. If, in any Funding Year, the HSP has not spent all of the Funding the LHIN will require the repayment of the unspent Funding. (b) On Termination or Expiration of this Agreement. Upon termination or expiry of this Agreement, the LHIN will require the repayment of any Funding remaining in the possession or under the control of the HSP and the payment of an amount equal to any Funding the HSP used for purposes not permitted by this Agreement. (c) On Reconciliation and Settlement. If the year-end reconciliation and settlement process demonstrates that the HSP received Funding in excess of its confirmed funds, the LHIN will require the repayment of the excess Funding. (d) As a Result of Performance Management or System Planning. If Services are adjusted, as a result of the performance management or system planning processes, the LHIN may adjust the Funding to be paid under Schedule B, require the repayment of excess Funding and/or adjust the amount of any future funding installments accordingly. (e) In the Event of Forecasted Surpluses. If the HSP is forecasting a surplus, the LHIN may adjust the amount of Funding to be paid under Schedule B, require the repayment of excess Funding and/or adjust the amount of any future funding installments accordingly. (f) On the Request of the LHIN. The HSP will, at the request of the LHIN, repay the whole or any part of the Funding, or an amount equal thereto if the HSP: (1 ) has provided false information to the LHIN knowing it to be false; (2) breaches a term or condition of this Agreement and does not, within 30 Days after receiving Notice from the LHIN take reasonable steps to remedy the breach; or (3) breaches any Applicable Law that directly relates to the provision of, or ensuring the provision of, the Services. (g) Subsections 5.1(c) and (d) do not apply to Funding already expended properly in accordance with this Agreement. The LHIN will, at its sole discretion, and without liability or penalty, determine whether the Funding has been expended properly in accordance with this Agreement. 5.2 Provision for the Recovery of Funding. The HSP will make reasonable and prudent provision for the recovery by the LHIN of any Funding for which the conditions of Funding set out in section 4.5 are not met and will hold this Funding in accordance with the provisions of section 4.6 until such time as reconciliation and settlement has 116 occurred with the LHIN. Interest earned on Funding will be reported and recovered in accordance with section 4.6. 5.3 Settlement and Recovery of Funding for Prior Years. (a) The HSP acknowledges that settlement and recovery of Funding can occur up to seven years after the provision of Funding. (b) Recognizing the transition of responsibilities from the MOHLTC to the LHIN, the HSP agrees that if the parties are directed in writing to do so by the MOHLTC, the LHIN will settle and recover funding provided by the MOHLTC to the HSP prior to the transition of the Funding for the Services to the LHIN, provided that such settlement and recovery occurs within seven years of the provision of the funding by the MOHLTC. All such settlements and recoveries will be subject to the terms applicable to the original provision of funding. 5.4 Debt Due. (a) If the LHIN requires the re -payment by the HSP of any Funding, the amount required will be deemed to be a debt owing to the Crown by the HSP. The LHIN may adjust future funding instalments to recover the amounts owed or may, at its discretion direct the HSP to pay the amount owing to the Crown and the HSP shall comply immediately with any such direction. (b) All amounts repayable to the Crown will be paid by cheque payable to the "Ontario Minister of Finance" and mailed or delivered to the LHIN at the address provided in section 13.1. 5.5 Interest Rate. The LHIN may charge the HSP interest on any amount owing by the HSP at the then current interest rate charged by the Province of Ontario on accounts receivable. ARTICLE 6.0 - PLANNING & INTEGRATION 6.1 Planning for Future Years. (a) Advance Notice. The LHIN will give at least sixty Days' Notice to the HSP of the date by which a CAPS must be submitted to the LHIN. (b) Multi -Year Planning. The CAPS will be in a form acceptable to the LHIN and may be required to incorporate (1) prudent multi-year financial forecasts; (2) plans for the achievement of performance targets; and (3) realistic risk management strategies. It will be aligned with the LHIN's then current Integrated Health Service Plan and will reflect local LHIN priorities and initiatives. If the LHIN has provided multi-year planning targets for the HSP, the CAPS will reflect the planning targets. (c) Multi-year Planning Targets. Schedule B may reflect an allocation for the first Funding Year of this Agreement as well as planning targets for up to two additional years, consistent with the term of this Agreement. In such an event, (1 ) the HSP acknowledges that if it is provided with planning targets, these targets are: (A) targets only, (B) provided solely for the purposes of planning, (C) are subject to confirmation, and (D) may be changed at the 117 discretion of the LHIN in consultation with the HSP. The HSP will proactively manage the risks associated with multi-year planning and the potential changes to the planning targets; and (2) the LHIN agrees that it will communicate any changes to the planning targets as soon as reasonably possible. (d) Service Accountability Agreements. The HSP acknowledges that if the LHIN and the HSP enter into negotiations for a subsequent service accountability agreement, subsequent funding may be interrupted if the next service accountability agreement is not executed on or before the expiration date of this Agreement. 6.2 Community Engagement & Integration Activities. (a) Community Engagement. The HSP will engage the community of diverse persons and entities in the area where it provides health services when setting priorities for the delivery of health services and when developing plans for submission to the LHIN including but not limited to CAPS and integration proposals. As part of its community engagement activities, the HSPs will have in place and utilize effective mechanisms for engaging families, caregivers, clients, residents, patients and other individuals who use the services of the HSP, to help inform the HSP plans, including the HSP's contribution to the establishment and implementation by the LHIN of geographic sub -regions in its local health system. (b) Integration. The HSP will, separately and in conjunction with the LHIN and other health service providers, identify opportunities to integrate the services of the local health system to provide appropriate, co -coordinated, effective and efficient services. (c) Reporting. The HSP will report on its community engagement and integration activities, using any templates provided by the LHIN, as requested by the LHIN and in any event, in its year-end report to the LHIN. 6.3 Planning and Integration Activity Pre -proposals (a) General. A pre -proposal process has been developed to: (1) reduce the costs incurred by an HSP when proposing operational or service changes; (2) assist the HSP to carry out its statutory obligations; and (3) enable an effective and efficient response by the LHIN. Subject to specific direction from the LHIN, this pre -proposal process will be used in the following instances: (1) the HSP is considering an integration or an integration of services, as defined in LHSIA between the HSP and another person or entity; (2) the HSP is proposing to reduce, stop, start, expand or transfer the location of services, which for certainty includes: the transfer of Services from the HSP to another person or entity whether within or outside of the LHIN; and the relocation or transfer of services from one of the HSP's sites to another of the HSP's sites whether within or outside of the LHIN; (3) to identify opportunities to integrate the services of the local health system, other than those identified in (1) or (2) above; or 118 (4) if requested by the LHIN. (b) LHIN Evaluation of the Pre -proposal. Use of the pre -proposal process is not formal Notice of a proposed integration under section 27 of LHSIA. LHIN consent to develop the project concept outlined in a pre -proposal does not constitute approval to proceed with the project. Nor does LHIN consent to develop a project concept presume the issuance of a favourable decision, should such a decision be required by sections 25 or 27 of LHSIA. Following the LHIN's review and evaluation, the HSP may be invited to submit a detailed proposal and a business plan for further analysis. Guidelines for the development of a detailed proposal and business case will be provided by the LHIN. 6.4 Proposing Integration Activities in the Planning Submission. No integration activity described in section 6.3 may be proposed in a CAPS unless the LHIN has consented, in writing, to its inclusion pursuant to the process set out in section 6.3(b). 6.5 Definitions. In this section 6.0, the terms "integrate", "integration" and "services" have the same meanings attributed to them in section 2(1) and section 23 respectively of LHSIA, as it and they may be amended from time to time. ARTICLE 7.0 - PERFORMANCE 7.1 Performance. The parties will strive to achieve on-going performance improvement. They will address performance improvement in a proactive, collaborative and responsive manner. 7.2 Performance Factors. (a) Each party will notify the other party of the existence of a Performance Factor, as soon as reasonably possible after the party becomes aware of the Performance Factor. The Notice will: (1) describe the Performance Factor and its actual or anticipated impact; (2) include a description of any action the party is undertaking, or plans to undertake, to remedy or mitigate the Performance Factor; (3) indicate whether the party is requesting a meeting to discuss the Performance Factor; and (4) address any other issue or matter the party wishes to raise with the other party. (b) The recipient party will provide a written acknowledgment of receipt of the Notice within seven Days of the date on which the Notice was received ("Date of the Notice"). (c) Where a meeting has been requested under paragraph 7.2(a)(3), the parties agree to meet and discuss the Performance Factors within fourteen Days of the Date of the Notice, in accordance with the provisions of section 7.3. 119 7.3 Performance Meetings During a meeting on performance, the parties will: (a) discuss the causes of a Performance Factor; (b) discuss the impact of a Performance Factor on the local health system and the risk resulting from non-performance; and (c) determine the steps to be taken to remedy or mitigate the impact of the Performance Factor (the "Performance Improvement Process"). 7.4 The Performance Improvement Process. (a) The Performance Improvement Process will focus on the risks of non- performance and problem -solving. It may include one or more of the following actions: (1) a requirement that the HSP develop and implement an improvement plan that is acceptable to the LHIN; (2) the conduct of a Review; (3) a revision and amendment of the HSP's obligations; and/or (4) an in -year, or year-end, adjustment to the Funding, among other possible means of responding to the Performance Factor or improving performance. (b) Any performance improvement process begun under a prior service accountability agreement that was not completed under the prior agreement will continue under this Agreement. Any performance improvement required by a LHIN under a prior service accountability agreement will be deemed to be a requirement of this Agreement until fulfilled or waived by the LHIN. ARTICLE 8.0 - REPORTING, ACCOUNTING AND REVIEW 8.1 Reporting. (a) Generally. The LHIN's ability to enable its local health system to provide appropriate, co-ordinated, effective and efficient health services, as contemplated by LHSIA, is heavily dependent on the timely collection and analysis of accurate information. The HSP acknowledges that the timely provision of accurate information related to the HSP, and its performance of its obligations under this Agreement, is under the HSP's control. (b) Specific Obligations. The HSP: (1) will provide to the LHIN, or to such other entity as the LHIN may direct, in the form and within the time specified by the LHIN, the Reports, other than personal health information as defined in LHSIA, that (1) the LHIN requires for the purposes of exercising its powers and duties under this Agreement, the Accountability Agreement, LHSIA or for the purposes that are prescribed under any Applicable Law; (2) will fulfil the specific reporting requirements set out in Schedule C; 120 (3) will ensure that every Report is complete, accurate, signed on behalf of the HSP by an authorized signing officer where required and provided in a timely manner and in a form satisfactory to the LHIN; and (4) agrees that every Report submitted to the LHIN by or on behalf of the HSP, will be deemed to have been authorized by the HSP for submission. For certainty, nothing in this section 8.1 or in this Agreement restricts or otherwise limits the LHIN's right to access or to require access to personal health information as defined in LHSIA, in accordance with Applicable Law for purposes of carrying out the LHIN's statutory objects to achieve the purposes of LHSIA, including to provide certain services, supplies and equipment in accordance with section 5(m.1) of LHSIA and to manage placement of persons in accordance with section 5(m.2). (c) French Language Services. If the HSP is required to provide services to the public in French under the provisions of the French Language Services Act, the HSP will be required to submit a French language services report to the LHIN. If the HSP is not required to provide services to the public in French under the provisions of the French Language Service Act, it will be required to provide a report to the LHIN that outlines how the HSP addresses the needs of its local Francophone community. (d) Declaration of Compliance. Within 90 days of the HSP's fiscal year-end, the Board will issue a Compliance Declaration declaring that the HSP has complied with the terms of this Agreement. The form of the declaration is set out in Schedule G and may be amended by the LHIN from time to time through the term of this Agreement. (e) Financial Reductions. Notwithstanding any other provision of this Agreement, and at the discretion of the LHIN, the HSP may be subject to a financial reduction in any of the following circumstances: (1) its CAPS is received after the due date; (2) its CAPS is incomplete; (3) the quarterly performance reports are not provided when due; or (4) financial or clinical data requirements are late, incomplete or inaccurate, where the errors or delay were not as a result of LHIN actions or inaction or the actions or inactions of persons acting on behalf of the LHIN. If assessed, the financial reduction will be as follows: (1) if received within 7 days after the due date, incomplete or inaccurate, the financial penalty will be the greater of (1) a reduction of 0.02 percent (0.02%) of the Funding; or (2) two hundred and fifty dollars ($250.00); and (2) for every full or partial week of non-compliance thereafter, the rate will be one half of the initial reduction. 121 8.2 Reviews. (a) During the term of this Agreement and for seven years after the term of this Agreement, the HSP agrees that the LHIN or its authorized representatives may conduct a Review of the HSP to confirm the HSP's fulfillment of its obligations under this Agreement. For these purposes the LHIN or its authorized representatives may, upon twenty-four hours' Notice to the HSP and during normal business hours enter the HSP's premises to: (1) inspect and copy any financial records, invoices and other finance - related documents, other than personal health information as defined in LHSIA, in the possession or under the control of the HSP which relate to the Funding or otherwise to the Services; and (2} inspect and copy non-financial records, other than personal health information as defined in LHSIA, in the possession or under the control of the HSP which relate to the Funding, the Services or otherwise to the performance of the HSP under this Agreement. (b) The cost of any Review will be borne by the HSP if the Review: (1) was made necessary because the HSP did not comply with a requirement under LHSIA or this Agreement; or (2) indicates that the HSP has not fulfilled its obligations under this Agreement, including its obligations under Applicable Law and Applicable Policy. (c) To assist in respect of the rights set out in (a) above, the HSP shall disclose any information requested by the LHIN or its authorized representatives, and shall do so in a form requested by the LHIN or its authorized representatives. (d) The HSP may not commence a proceeding for damages or otherwise against any person with respect to any act done or omitted to be done, any conclusion reached or report submitted that is done in good faith in respect of a Review. (e) HSP's obligations under this section 8.2 will survive any termination or expiration of this Agreement. 8.3 Document Retention and Record Maintenance. The HSP will (a) retain all records (as that term is defined in FIPPA) related to the HSP's performance of its obligations under this Agreement for seven years after the termination or expiration of the term of this Agreement. The HSP's obligations under this section will survive any termination or expiry of this Agreement; (b) keep all financial records, invoices and other finance -related documents relating to the Funding or otherwise to the Services in a manner consistent with either generally accepted accounting principles or international financial reporting standards as advised by the HSP's auditor; and (c) keep all non-financial documents and records relating to the Funding or otherwise to the Services in a manner consistent with all Applicable Law. 122 8.4 Disclosure of Information. (a) FIPPA. The HSP acknowledges that the LHIN is bound by FIPPA and that any information provided to the LHIN in connection with this Agreement may be subject to disclosure in accordance with FIPPA. (b) Confidential Information. The parties will treat Confidential Information as confidential and will not disclose Confidential Information except with the consent of the disclosing party or as permitted or required under FIPPA or the Personal Health Information Protection Act, 2004, LHSIA, court order, subpoena or other Applicable Law. Notwithstanding the foregoing, the LHIN may disclose information that it collects under this Agreement in accordance with LHSIA. 8.5 Transparency. The HSP will post a copy of this Agreement and each Compliance Declaration submitted to the LHIN during the term of this Agreement in a conspicuous and easily accessible public place at its sites of operations to which this Agreement applies and on its public website, if the HSP operates a public website. 8.6 Auditor General. For greater certainty the LHIN's rights under this article are in addition to any rights provided to the Auditor General under the Auditor General Act (Ontario). ARTICLE 9.0 - ACKNOWLEDGEMENT OF LHIN SUPPORT 9.1 Publication. For the purposes of this Article 9, the term "publication" means any material on or concerning the Services that the HSP makes available to the public, regardless of whether the material is provided electronically or in hard copy. Examples include a web -site, an advertisement, a brochure, promotional documents and a report. Materials that are prepared by the HSP in order to fulfil its reporting obligations under this Agreement are not included in the term "publication". 9.2 Acknowledgment of Funding Support. (a) The HSP agrees all publications will include (1) an acknowledgment of the Funding provided by the LHIN and the Government of Ontario. Prior to including an acknowledgement in any publication, the HSP will obtain the LHIN's approval of the form of acknowledgement. The LHIN may, at its discretion, decide that an acknowledgement is not necessary; and (2) a statement indicating that the views expressed in the publication are the views of the HSP and do not necessarily reflect those of the LHIN or the Government of Ontario. (b) The HSP shall not use any insignia or logo of Her Majesty the Queen in right of Ontario, including those of the LHIN, unless it has received the prior written permission of the LHIN to do so. 123 ARTICLE 10.0 REPRESENTATIONS, WARRANTIES AND COVENANTS 10.1 General. The HSP represents, warrants and covenants that: (a) it is, and will continue for the term of this Agreement to be, a validly existing legal entity with full power to fulfill its obligations under this Agreement; (b) it has the experience and expertise necessary to carry out the Services; (c) it holds all permits, licences, consents, intellectual property rights and authorities necessary to perform its obligations under this Agreement; (d) all information (including information relating to any eligibility requirements for Funding) that the HSP provided to the LH IN in support of its request for Funding was true and complete at the time the HSP provided it, and will, subject to the provision of Notice otherwise, continue to be true and complete for the term of this Agreement; and (e) it does, and will continue for the term of this Agreement to, operate in compliance with all Applicable Law and Applicable Policy, including observing where applicable, the requirements of the Corporations Act or successor legislation and the HSP's by-laws in respect of, but not limited to, the holding of board meetings, the requirements of quorum for decision-making, the maintenance of minutes for all board and committee meetings and the holding of members meetings. 10.2 Execution of Agreement. The HSP represents and warrants that: (a) it has the full power and authority to enter into this Agreement; and (b) it has taken all necessary actions to authorize the execution of this Agreement. 10.3 Governance. (a) The HSP represents, warrants and covenants that it has established, and will maintain for the period during which this Agreement is in effect, policies and procedures: (1 } that set out a code of conduct for, and that identify the ethical responsibilities for all persons at all levels of the HSP's organization; (2) to ensure the ongoing effective functioning of the HSP; (3) for effective and appropriate decision-making; (4) for effective and prudent risk -management, including the identification and management of potential, actual and perceived conflicts of interest; (5) for the prudent and effective management of the Funding; (6) to monitor and ensure the accurate and timely fulfillment of the HSP's obligations under this Agreement and compliance with LHSIA; (7) to enable the preparation, approval and delivery of all Reports; (8) to address complaints about the provision of Services, the management or governance of the HSP; and 124 (g) to deal with such other matters as the HSP considers necessary to ensure that the HSP carries out its obligations under this Agreement. (b) The HSP represents and warrants that: (1) it has, or will have within 60 days of the execution of this Agreement, a Performance Agreement with its CEO that ties the CEO's compensation plan to the CEO's performance; (2) it will take all reasonable care to ensure that its CEO complies with the Performance Agreement; (3) it will enforce the HSP's rights under the Performance Agreement; and (4) any compensation award provided to the CEO during the term of this Agreement will be pursuant to an evaluation of the CEO's performance under the Performance Agreement and the CEO's achievement of performance goals and performance improvement targets and in compliance with Applicable Law. "compensation award", for the purposes of Section 10.3(b)(4) above, means all forms of payment, benefits and perquisites paid or provided, directly or indirectly, to or for the benefit of a CEO who performs duties and functions that entitle him or her to be paid. 10.4 Funding, Services and Reporting. The HSP represents warrants and covenants that (a) the Funding is, and will continued to be, used only to provide the Services in accordance with the terms of this Agreement; (b) the Services are and will continue to be provided; (1) by persons with the expertise, professional qualifications, licensing and skills necessary to complete their respective tasks; and (2) in compliance with Applicable Law and Applicable Policy; (c) every Report is accurate and in full compliance with the provisions of this Agreement, including any particular requirements applicable to the Report and any material change to a Report will be communicated to the LHIN immediately. 10.5 Supporting Documentation. Upon request, the HSP will provide the LHIN with proof of the matters referred to in this Article. ARTICLE 11.0 - LIMITATION OF LIABILITY, INDEMNITY & INSURANCE 11.1 Limitation of Liability. The Indemnified Parties will not be liable to the HSP or any of the HSP's Personnel and Volunteers for costs, losses, claims, liabilities and damages howsoever caused arising out of or in any way related to the Services or otherwise in connection with this Agreement, unless caused by the negligence or wilful act of any of the Indemnified Parties. 11.2 Ibid. For greater certainty and without limiting section 11.1, the LHIN is not liable for how the HSP and the HSP's Personnel and Volunteers carry out the Services and is therefore not responsible to the HSP for such Services. Moreover the LHIN is not contracting with or employing any HSP's Personnel and Volunteers to carry out the 125 terms of this Agreement. As such, it is not liable for contracting with, employing or terminating a contract with or the employment of any HSP's Personnel and Volunteers required to carry out this Agreement, nor for the withholding, collection or payment of any taxes, premiums, contributions or any other remittances due to government for the HSP's Personnel and Volunteers required by the HSP to carry out this Agreement. 11.3 Indemnification. The HSP hereby agrees to indemnify and hold harmless the Indemnified Parties from and against any and all liability, loss, costs, damages and expenses (including legal, expert and consultant costs), causes of action, actions, claims, demands, lawsuits or other proceedings (collectively, the "Claims"), by whomever made, sustained, brought or prosecuted (including for third party bodily injury (including death), personal injury and property damage), in any way based upon, occasioned by or attributable to anything done or omitted to be done by the HSP or the HSP's Personnel and Volunteers, in the course of the performance of the HSP's obligations under, or otherwise in connection with, this Agreement, unless caused by the negligence or wilful misconduct of any Indemnified Parties. 11.4 Insurance. (a) Generally. The HSP shall protect itself from and against all claims that might arise from anything done or omitted to be done by the HSP and the HSP's Personnel and Volunteers under this Agreement and more specifically all claims that might arise from anything done or omitted to be done under this Agreement where bodily injury (including personal injury), death or property damage, including loss of use of property is caused. (b) Required Insurance. The HSP will put into effect and maintain, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all necessary and appropriate insurance that a prudent person in the business of the HSP would maintain, including, but not limited to, the following at its own expense: (1) Commercial General Liability Insurance, for third party bodily injury, personal injury and property damage to an inclusive limit of not less than two million dollars per occurrence and not less than two million dollars products and completed operations aggregate. The policy will include the following clauses: a. The Indemnified Parties as additional insureds; b. Contractual Liability; C. Cross -Liability; d. Products and Completed Operations Liability; e. Employers Liability and Voluntary Compensation unless the HSP complies with the Section below entitled "Proof of WSIA Coverage"; f. Tenants Legal Liability; (for premises/building leases only); g. Non -Owned automobile coverage with blanket contractual coverage for hired automobiles; and, h. A thirty -Day written notice of cancellation, termination or material change. (2} Proof of WSIA Coverage. Unless the HSP puts into effect and maintains Employers Liability and Voluntary Compensation as set out above, the 126 HSP will provide the LHIN with a valid Workplace Safety and Insurance Act, 1997 (WSIA) Clearance Certificate and any renewal replacements, and will pay all amounts required to be paid to maintain a valid WSIA Clearance Certificate throughout the term of this Agreement. (3) All Risk Property Insurance on property of every description, for the term, providing coverage to a limit of not less than the full replacement cost, including earthquake and flood. All reasonable deductibles and self-insured retentions are the responsibility of the HSP. (4) Comprehensive Crime insurance, Disappearance, Destruction and Dishonest coverage. (5) Errors and Omissions Liability Insurance insuring liability for errors and omissions in the provision of any professional services as part of the Services or failure to perform any such professional services, in the amount of not less than two million dollars per claim and in the annual aggregate. (c) Certificates of Insurance. The HSP will provide the LHIN with proof of the insurance required by this Agreement in the form of a valid certificate of insurance that references this Agreement and confirms the required coverage, on or before the commencement of this Agreement, and renewal replacements on or before the expiry of any such insurance. Upon the request of the LHIN, a copy of each insurance policy shall be made available to it. The HSP shall ensure that each of its subcontractors obtains all the necessary and appropriate insurance that a prudent person in the business of the subcontractor would maintain and that the Indemnified Parties are named as additional insureds with respect to any liability arising in the course of performance of the subcontractor's obligations under the subcontract. ARTICLE 12.0 - TERMINATION OF AGREEMENT 12.1 Termination by the LHIN. (a) Without Cause. The LHIN may terminate this Agreement at anytime, for any reason, upon giving at least sixty Days' Notice to the HSP. (b) Where No Appropriation. If, as provided for in section 4.3, the LHIN does not receive the necessary funding from the MOHLTC, the LHIN may terminate this Agreement immediately by giving Notice to the HSP. (c) For Cause. The LHIN may terminate this Agreement immediately upon giving Notice to the HSP if: (1) in the opinion of the LHIN: a. the HSP has knowingly provided false or misleading information regarding its funding request or in any other communication with the LHIN; b. the HSP breaches any material provision of this Agreement; C. the HSP is unable to provide or has discontinued the Services; or d. it is not reasonable for the HSP to continue to provide the Services; 127 (2) the nature of the HSP's business, or its corporate status, changes so that it no longer meets the applicable eligibility requirements of the program under which the LHIN provides the Funding; (3) the HSP makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or is petitioned into bankruptcy, or files for the appointment of a receiver; or (4) the HSP ceases to carry on business. (d) Material Breach. A breach of a material provision of this Agreement includes, but is not limited to: (1) misuse of Funding; (2) a failure or inability to provide the Services as set out in the Service Plan; (3) a failure to provide the Compliance Declaration; (4) a failure to implement, or follow, a Performance Agreement, Performance Improvement Process or a Transition Plan; (5) a failure to respond to LHIN requests in a timely manner; (6) a failure to: A) advise the LHIN of actual, potential or perceived Conflict of Interest; or B) comply with any requirements prescribed by the LHIN to resolve a Conflict of Interest; and (i) a Conflict of Interest that cannot be resolved. (e) Transition Plan. In the event of termination by the LHIN pursuant to this section, the LHIN and the HSP will develop a Transition Plan. The HSP agrees that it will take all actions, and provide all information, required by the LHIN to facilitate the transition of the HSP's clients. 12.2 Termination by the HSP. (a) The HSP may terminate this Agreement at any time, for any reason, upon giving six months' Notice (or such shorter period as may be agreed by the HSP and the LHIN) to the LHIN provided that the Notice is accompanied by: (1 ) satisfactory evidence that the HSP has taken all necessary actions to authorize the termination of this Agreement; and (2) a Transition Plan, acceptable to the LHIN, that indicates how the needs of the HSP's clients will be met following the termination and how the transition of the clients to new service providers will be effected within the six month Notice period. (b) In the event that the HSP fails to provide an acceptable Transition Plan, the LHIN may reduce Funding payable to the HSP prior to termination of this Agreement to compensate the LHIN for transition costs. 12.3 Opportunity to Remedy. (a) Opportunity to Remedy. If the LHIN considers that it is appropriate to allow the HSP an opportunity to remedy a breach of this Agreement, the LHIN may 128 give the HSP an opportunity to remedy the breach by giving the HSP Notice of the particulars of the breach and of the period of time within which the HSP is required to remedy the breach. The Notice will also advise the HSP that the LHIN will terminate this Agreement: (1) at the end of the Notice period provided for in the Notice if the HSP fails to remedy the breach within the time specified in the Notice; or (2) prior to the end of the Notice period provided for in the Notice if it becomes apparent to the LHIN that the HSP cannot completely remedy the breach within that time or such further period of time as the LHIN considers reasonable, or the HSP is not proceeding to remedy the breach in a way that is satisfactory to the LHIN. (b) Failure to Remedy. If the LHIN has provided the HSP with an opportunity to remedy the breach, and: (1 ) the HSP does not remedy the breach within the time period specified in the Notice; (2) it becomes apparent to the LHIN that the HSP cannot completely remedy the breach within the time specified in the Notice or such further period of time as the LHIN considers reasonable; or (3) the HSP is not proceeding to remedy the breach in a way that is satisfactory to the LHIN, (c) then the LHIN may immediately terminate this Agreement by giving Notice of termination to the HSP. 12.4 Consequences of Termination. (a) If this Agreement is terminated pursuant to this Article, the LHIN may: (1) cancel all further Funding instalments; (2) demand the repayment of any Funding remaining in the possession or under the control of the HSP; (3) determine the HSP's reasonable costs to wind down the Services; and (4) permit the HSP to offset the costs determined pursuant to section (3), against the amount owing pursuant to section (2). 12.5 Effective Date. Termination under this Article will take effect as set out in the Notice. 12.6 Corrective Action. Despite its right to terminate this Agreement pursuant to this Article, the LHIN may choose not to terminate this Agreement and may take whatever corrective action it considers necessary and appropriate, including suspending Funding for such period as the LHIN determines, to ensure the successful completion of the Services in accordance with the terms of this Agreement. ARTICLE 13.0 - NOTICE 13.1 Notice. A Notice will be in writing; delivered personally, by pre -paid courier, by any form of mail where evidence of receipt is provided by the post office, or by facsimile 129 with confirmation of receipt, or by email where no delivery failure notification has been received. For certainty, delivery failure notification includes an automated `out of office' notification. A Notice will be addressed to the other party as provided below or as either party will later designate to the other in writing: To the LHIN: South West Local Health Integration Network 356 Oxford Street West London, ON N6H 1T3 Attn: Kelly Gillis, Interim Co -Chief Executive Office Telephone: (519) 473-2222 Fax: (519) 472-7438 Email: Kelly.gillis@lhins.on.ca To the HSP: The Corporation of the County of Elgin 450 Sunset Drive St. Thomas, ON N5R 5V1 Attn: Julie Gonyou, Chief Administrative Officer Email: cao@elgin.ca 13.2 Notices Effective From. A Notice will be deemed to have been duly given one business day after delivery if the Notice is delivered personally, by pre -paid courier or by mail. A Notice that is delivered by facsimile with confirmation of receipt or by email where no delivery failure notification has been received will be deemed to have been duly given one business day after the facsimile or email was sent. ARTICLE 14.0 - ADDITIONAL PROVISIONS 14.1 Interpretation. In the event of a conflict or inconsistency in any provision of this Agreement, the main body of this Agreement will prevail over the Schedules. 14.2 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement and any invalid or unenforceable provision will be deemed to be severed. 14.3 Waiver. A party may only rely on a waiver of the party's failure to comply with any term of this Agreement if the other party has provided a written and signed Notice of waiver. Any waiver must refer to a specific failure to comply and will not have the effect of waiving any subsequent failures to comply. 14.4 Parties Independent. The parties are and will at all times remain independent of each other and are not and will not represent themselves to be the agent, joint venturer, partner or employee of the other. No representations will be made or acts taken by either party which could establish or imply any apparent relationship of agency, joint 130 venture, partnership or employment and neither party will be bound in any manner whatsoever by any agreements, warranties or representations made by the other party to any other person or entity, nor with respect to any other action of the other party. 14.5 LHIN is an Agent of the Crown. The parties acknowledge that the LHIN is an agent of the Crown and may only act as an agent of the Crown in accordance with the provisions of LHSIA. Notwithstanding anything else in this Agreement, any express or implied reference to the LHIN providing an indemnity or any other form of indebtedness or contingent liability that would directly or indirectly increase the indebtedness or contingent liabilities of the LHIN or of Ontario, whether at the time of execution of this Agreement or at any time during the term of this Agreement, will be void and of no legal effect. 14.6 Express Rights and Remedies Not Limited. The express rights and remedies of the LHIN are in addition to and will not limit any other rights and remedies available to the LHIN at law or in equity. For further certainty, the LHIN has not waived any provision of any applicable statute, including LHSIA, nor the right to exercise its rights under these statutes at any time. 14.7 No Assignment. The HSP will not assign this Agreement or the Funding in whole or in part, directly or indirectly, without the prior written consent of the LHIN. No assignment or subcontract shall relieve the HSP from its obligations under this Agreement or impose any liability upon the LHIN to any assignee or subcontractor. The LHIN may assign this Agreement or any of its rights and obligations under this Agreement to any one or more of the LHINs or to the MOHLTC. 14.8 Governing Law. This Agreement and the rights, obligations and relations of the parties hereto will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any litigation arising in connection with this Agreement will be conducted in Ontario unless the parties agree in writing otherwise. 14.9 Survival. The provisions in Articles 1.0, 5.0, 8.0, 10.5, 11.0, 13.0, 14.0 and 15.0 will continue in full force and effect for a period of seven years from the date of expiry or termination of this Agreement. [NTD: may need to be updated] 14.10 Further Assurances. The parties agree to do or cause to be done all acts or things necessary to implement and carry into effect this Agreement to its full extent. 14.11 Amendment of Agreement. This Agreement may only be amended by a written agreement duly executed by the parties. 14.12 Counterparts. This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. 131 ARTICLE 15.0 - ENTIRE AGREEMENT 15.1 Entire Agreement. This is Agreement forms the entire Agreement between the parties and supersedes all prior oral or written representations and agreements, except that where the LH IN has provided Funding to the HSP pursuant to an amendment to the Multi -Sector Accountability Agreement April 1, 2014 to March 31, 2018 or to this Agreement, whether by Project Funding Agreement or otherwise, and an amount of Funding for the same purpose is set out in the Schedules, that Funding is subject to all of the terms and conditions on which funding for that purpose was initially provided, unless those terms and conditions have been superseded by any terms or conditions of this Agreement or by the MSAA Indicator Technical Specifications document, or unless they conflict with Applicable Law or Applicable Policy. The parties have executed this Agreement on the dates set out below. South West Local Health Integration Network la Andrew Chunilall, Interim Board Chair And by: Kelly Gillis, Interim Co -CEO The Corporation of the County of Elgin David Marr, Warden I have authority to bind the HSP F • - Julie Gonyou, Chief Administrative Officer I have authority to bind the HSP Date Date Date Date 132 Schedule Al: Description of Services 2018-2019 Health Service Provider: The Corporation of the County of Elgin Other LHIN Areas 72 5 82 14 CSS IH - Transportation - Client Schedule A2: Population and Geography Health Service Provider: The Corporation of the County of Elgin It and seniors with physical and cognitive needs. Adult Day Porgram is designed to help people stay independant in the community and avoid premature admission to Long Term Care. Elgin County Terrace Lodge 475 Talbot Street Aylmer Ontario N5H 3A5 Monday 8am - 4pm Tuesday 8am - 4pm Wednesday 8am - 4pm Thursday 8am - 4pm Bobier Villa 1 Bobier Lane Dutton Ontario Tuesday 8am - 4pm Thurday 8am - 4pm Friday 8am - 4pm iKz"I Schedule 131: Total LHIN Funding 2018-2019 Health Service Provider: Corporation of the County of Elgin 135 Schedule B2: Clinical Activity- Summary 2018-2019 Health Service Provider: Corporation of the County of Elgin Service Category 2018-2019 Budget r eery re. -111 - � �3 �e���F,E� x e.— ,en�ar rre �e� a-ro-Fey`e,en,�, CSS In -Home and Community Services (CSS IH COM) 72582' 4.00 7,500 0 0 0 523 6,000 0 0 0 0 0 0 136 Schedule C-. Reports Community Support Services 2018-2019 Health Service Provider: Corporation of the County of Elgin 137 Schedule C-. Reports Community Support Services 2018-2019 Health Service Provider: Corporation of the County of Elgin 138 Schedule D-. Directives, Guidelines and Policies Community Support Services 2018-2019 Health Service Provider: Corporation of the County of Elgin 139 Schedule E1: Core Indicators 2018-2019 Health Service Provider: Corporation of the County of Elgin 140 Performance Indicators *Balanced Budget - Fund Type 2 201E 2l)19 Performance Target Standard $0 >=0 Proportion of Budget Spent on Administration 9.8% <=11.7% **Percentage Total Margin 0.00% >= 0% Variance Forecast to Actual Expenditures 0.0% < 5% Variance Forecast to Actual Units of Service 0.0% < 5% Service Activity by Functional Centre Refer to _ Schedule E2a Number of Individuals Served Refer to Schedule E2a Alternate Level of Care (ALC) Rate Refer to Schedule E3d Explanatory Indicators Cost per Unit Service (by Functional Centre) Cost per Individual Served (by Program/Service/Functional Centre) Client Experience Percentage of Alternate Level of Care (ALC) days (closed cases) 140 Schedule E2a: Clinical Activity- Detail 2018-2019 Health Service Provider: Corporation of the County of Elgin 141 Schedule E2d: CSS Sector Specific Indicators 2018-2019 Health Service Provider: Corporation of the County of Elgin 142 Schedule Ba Local: All 2018-2019 Health Service Provider: Corporation of the County of Elgin Thehealthline.ca South West LHIN Health Service Providers agree to regularly update, and annually review, site-specific programs and services information, as represented within thehealthline.ca website. Indigenous Cultural Safety Training The South West LHIN believes that the health system has a collective responsibility to take action to improve the experience of care for Indigenous Peoples through participating in the Indigenous Cultural Safety (ICS) Program. The ICS training program is an important quality initiative designed to support health service providers in understanding their role in reconciliation, leading to improvements in the Indigenous patient experience. This training involves understanding the ongoing impacts of colonialization, resulting health inequalities and can serve as the foundation to developing collaborative relationships with Indigenous Communities to build improvements and reduce disparities. Therefore, Health Service Providers are to submit an annual ICS training plan to swlhinreporting@Ihins.on.ca with "ICS Training Plan" as the subject by May 31, 2018. This plan should reflect the organizations' goals for cultural competency training, which may include but is not restricted to, the online Indigenous Cultural Safety (ICS) training program. Organizations can register staff in the online ICS program in accordance with their training plan at any time by email to Vanessa.Ambtman@lhins.on.ca. Additional information on ICS Registration can be found at: http://www.southwestlhin.on.ca/—/media/sites/sw/PDF/Community%20Engagement/Aboriginal/ICS%20Registration_1819.pdf?la=en 143 Schedule E3 FLS Local: Non -Identified Organizations 2018-2019 Health Service Provider: Corporation of the County of Elgin French Language Services (FLS) - Non -Identified Health Service Providers (HSP) The HSP will: • Identify a lead/team to work with the South West LHIN French Language Services (FLS) Planner by April 30, 2018 • Work towards use of specified linguistic variable from the FLS toolkit • Ensure compliance with the Guide to Requirements and Obligations Pertaining to French Language Health Services available at: http://www.health.gov.on.ca/en/public/programs/flhs/docs/Guide_ to_FLHS_FINAL. pdf • Ensure compliance to reporting requirements that demonstrates how the HSP will address the needs of its local Francophone community that includes: o Collecting and reporting of French Language Services data and indicators using the provincial OZi tool* *a web -based portal to collect quantitative data regarding the offer of French language services Submission deadlines and supporting resources will be communicated and posted to the South West LHIN website by March 1st, 2018. 144 Schedule E3d Local: CSS Local Indicators 2018-2019 Health Service Provider: Corporation of the County of Elgin 145 Fiscal 18/19 Performance Indicator Fiscal 18/19 performance Target Standard % of Funded Adult Day Program Spaces Filled by Registered Clients 90% >=85% 10 145 Schedule F: Project 2018-2019 Health Service Provider: Corporation of the County of Elgin Project Funding Agreement Template Note: This project template is intended to be used to fund one-off projects or for the provision of services not ordinarily provided by the HSP. Whether or not the HSP provides the services directly or subcontracts the provision of the services to another provider, the HSP remains accountable for the funding that is provided by the LHIN. THIS PROJECT FUNDING AGREEMENT ("PFA") is effective as of [insert date] (the "Effective Date") between: XXX LOCAL HEALTH INTEGRATION NETWORK (the "LHIN") -and- [Legal Name of the Health Service Provider] (the "HSP") WHEREAS the LHIN and the HSP entered into a service accountability agreement dated [insert date] (the "SAA") for the provision of Services and now wish to set out the terms of pursuant to which the LHIN will fund the HSP for [insert brief description of project] (the "Project'); NOW THEREFORE in consideration of their respective agreements set out below and subject to the terms of the SAA, the parties covenant and agree as follows: 1.0 Definitions. Unless otherwise specified in this PFA, capitalized words and phrases shall have the meaning set out in the SAA. When used in this PFA, the following words and phrases have the following meanings: "Project Funding" means the funding for the Services; "Services " mean the services described in Appendix A to this PFA; and "Term" means the period of time from the Effective Date up to and including [insert project end date]. 2.0 Relationship between the SAA and this PFA. This PFA is made subject to and hereby incorporates the terms of the SAA. On execution this PFA will be appended to the SAA as a Schedule. 3.0 The Services. The HSP agrees to provide the Services on the terms and conditions of this PFA including all of its Appendices and schedules. 4.0 Rates and Payment Process. Subject to the SAA, the Project Funding for the provision of the Services shall be as specified in Appendix A to this PFA. f[IV' Schedule F: Project 2018-2019 Health Service Provider: Corporation of the County of Elgin Project Funding Agreement Template 5.0 Representatives for PFA. (a) The HSP's Representative for purposes of this PFA shall be [insert name, telephone number, fax number and e-mail address.] The HSP agrees that the HSP's Representative has authority to legally bind the HSP. (b) The LHIN's Representative for purposes of this PFA shall be: [insert name, telephone number, fax number and e-mail address.] 6.0 Additional Terms and Conditions. The following additional terms and conditions are applicable to this PFA. (a) Notwithstanding any other provision in the SAA or this PFA, in the event the SAA is terminated or expires prior to the expiration or termination of this PFA, this PFA shall continue until it expires or is terminated in accordance with its terms. (b) [insert any additional terms and conditions that are applicable to the Project] IN WITNESS WHEREOF the parties hereto have executed this PFA as of the date first above written. [insert name of HSP] By: [insert name and title] [XX] Local Health Integration Network By: [insert name and title] 147 2018-2019 Health Service Provider: Corporation of the County of Elgin 148 Schedule G: Declaration of Compliance 2018-2019 Health Service Provider: Corporation of the County of Elgin DECLARATION OF COMPLIANCE Issued pursuant to the M -SAA effective April 1, 2014 To: The Board of Directors of the [insert name of LHIN] Local Health Integration Network (the "LHIN"). Attn: Board Chair. From: The Board of Directors (the "Board") of the [insert name of HSP] (the "HSP") Date: [insert date] Re: April 1, 2017 —March 31, 2018 (the "Applicable Period") Unless otherwise defined in this declaration, capitalized terms have the same meaning as set out in the M -SAA between the LHIN and the HSP effective April 1, 2014. The Board has authorized me, by resolution dated [insert date], to declare to you as follows: After making inquiries of the [insert name and position of person responsible for managing the HSP on a day to day basis, e.g. the Chief Executive Office or the Executive Director] and other appropriate officers of the HSP and subject to any exceptions identified on Appendix 1 to this Declaration of Compliance, to the best of the Board's knowledge and belief, the HSP has fulfilled, its obligations under the service accountability agreement (the "M -SAA") in effect during the Applicable Period. Without limiting the generality of the foregoing, the HSP has complied with: (i) Article 4.8 of the M -SAA concerning applicable procurement practices; (ii) The Local Health System Integration Act, 2006; and (iii) The Public Sector Compensation Restraint to Protect Public Services Act, 2010. [insert name of Chair], [insert title] w, rmllllyij J flgin 1 wrae'h 4dWer 1M',r REPORT TO COUNTY COUNCIL bFCr FROM: Julie Gonyou, Chief Administrative Officer DATE: March 3, 2018 SUBJECT: Deputy Warden Considerations INTRODUCTION: During the discussions on November 28th and December 14th, 2017 that explored the pros and cons of a one-year term of Office of Warden County Council, it was clear that Council agreed 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. There was general consensus that the current Deputy Warden position which allows all County Councillors a turn holding the position as part of a monthly rotation was generally effective. Two approaches were considered at these County Council meetings — a simultaneous approach which involved election of both Warden and Deputy Warden and a retrospective approach which involved the immediate past Warden as Deputy Warden the following year. BACKGROUND: Council directed me to write a report that provides options for the expansion of the Deputy Warden. 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 duties and responsibilities prescribed by policy. Of the two primary approaches beyond the status -quo were explored by County Council in 2017, the simultaneous approach which would have both the Warden and Deputy Warden elected at the annual inaugural event, was discussed and dismissed by County Council. The retrospective approach which utilizes the past Warden as the Deputy Warden in the following year received more support, but consensus was not achieved. The retrospective model seemed to provide 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. 150 In the retrospective model, the Deputy Warden would have several roles to play. 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. While no model is perfect from every perspective and the retrospective 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. Two options remain for Council's consideration: 1. Status Quo — each County Councillor continues to rotate as Deputy Warden over the remainder of the term; or 2. Retrospective approach — for the remainder of the term as a pilot, immediate past Warden, Warden Jones be appointed Deputy Warden. RECOMMENDATION: THAT County Council implement a pilot whereby the past Warden act as Deputy Warden for the remainder of the Council term, subject to the willingness of past Warden Jones to fill this position. All of which is Respectfully Submitted Julie Gonyou Chief Administrative Officer 151 w, rmllllyij J flgin 1 wrae'h 4dWer 1M',r REPORT TO COUNTY COUNCIL bFCr FROM: Julie Gonyou, Chief Administrative Officer DATE: March 5, 2018 SUBJECT: Municipal Property and Building Commemorative Naming Policy BACKGROUND: In December of 2017, staff presented a report to County Council which recommended a naming policy in light of a request to name the EMS Headquarters building on Edward Street in St. Thomas after Charles "Chuck" Brubacher. No other policy exists within the County that gives direction or a process to name owned assets, such as county -owned buildings or structures, with the exception of the Library Naming Policy. Since there is no comprehensive evaluation criteria or public consultation process, County Council passed a resolution directing staff to prepare a Municipal Facility and Asset Naming Policy, which will help Council make an informed decision about naming the EMS Headquarters building and a process by which to manage future naming requests. REPORT I began the process of developing this naming policy by first exploring how other municipalities name their assets. This review was not limited to municipalities of similar size and incorporates the most widely used and accepted procedures from all the municipalities studied. The resulting proposed Municipal Property and Building Commemorative Naming Policy (Schedule A) is not only derived using generally accepted procedures by other municipalities, but also includes procedures used by a few experienced Counties. During the study of other policies, it was clear that the naming of municipally owned assets was, in some cases, divided into two policies — one that covered Commemorative Naming and a second that covered Naming Rights. The most obvious difference between these two policies is the transaction of money. While a Commemorative Naming Policy involves the naming of a County owned asset in recognition of an outstanding individual, a geographic feature or historic movement, a Naming Rights Policy involves receiving financial compensation for the right to name a City owned asset. With the financial transaction also come a number of legal requirements that are to be approved by all parties involved. A Naming Rights Policy is quite complicated and it is my opinion that such a policy goes beyond the direction set out in the Resolution of Council. 152 POLICY The Municipal Property and Building Commemorative Naming Policy applies to the commemorative naming or renaming of municipal assets. This policy is intended to honour a geographic, historic, or civic significance, or an individual or groups outstanding achievement, distinctive service, or significant community contribution. The Commemorative Naming Policy is not intended to address individual naming dedications such as county -owned facilities leased to tenants or County core services. PROCEDURE Nomination Process (Public Input): The Commemorative Naming Policy Procedure begins with an open nomination process, where proposed names for new facilities are requested or received by the County. Verification of Submissions: Staff gathers and appoints a member to verify the accuracy of all applications by researching and confirming submission materials. A report is then submitted to County Council for approval. RECOMMENDATIONS: THAT the Municipal Property and Building Commemorative Naming Policy report dated March 5, 2018, be received; and, THAT the Municipal Property and Building Commemorative Naming Policy be approved as outlined in attached Schedule A; and, THAT Council direct staff to immediately implement the Municipal Property and Building Commemorative Naming Policy, and include all unnamed assets of 2018 with the review and procedures. All of which is Respectfully Submitted Julie Gonyou Chief Administrative Officer 153 `; N�'d�rra/Or��lllr�ll%f Pj ADMINISTRATION POLICY MANUAL Municipal Property and Building Commemorative Naming Policy 1. Policy Statement a. Statement of Intent The intent of this policy is to: • Establish a practice for naming of municipal property, buildings and features after significant geographical or historical elements; • Ensure a clear, efficient and timely naming or renaming process; • To ensure the application of a transparent consultation process and community participation; • Recognize on an exceptional basis, significant contributions that organizations or individuals have made to the public life and the well-being of the County of Elgin; • Provide direction of how to apply for approval to name, rename or dedicate municipal property, buildings or features; and • To ensure Council approval. Names given to municipal properties/facilities and features in the County of Elgin will vest through to the expiration of the life cycle of the property, facility or feature, unless otherwise notified. b. Application There are four main types of naming situations this policy intends to address: • The opening of a new municipal property, buildings, or features; • The reopening of a municipal property, buildings or features following refurbishment; • The renaming of existing municipal property, buildings or features to recognize significant contributions that organizations or individuals have made to the public and the well-being of the County of Elgin; • Providing recognition for gifts generously given or donated to the County of Elgin. 154 `; N�'d�rra/Or��lllr�ll%f PJ ADMINISTRATION POLICY MANUAL c. Non Application The policy is not intended to address naming situations related to sponsorships or naming rights as it relates to those instances where public properties, buildings, and features have their naming rights sold, usually for a specified term, as part of a naming partnership involving agreements normally comprised of a variety of benefits and opportunities for both the sponsor and the municipality. 2. Terms of Reference The following terms are provided for greater clarity: (a) "Building Features" includes all substantial components of a building including such things as meeting rooms and auditoriums; (b) "Municipal Property and Buildings" means all buildings, structures, and property owned by the County of Elgin including but not limited to public buildings and building features; (c) "Public Buildings" include but are not limited to all County -owned public buildings under the jurisdiction of the County of Elgin; and (d) "Significant Financial Gifts" means a minimum monetary donation of 35% of the total capital costs or appraised value, whichever is greater, of the amenity being considered for naming. 3. Submission Process All applicants shall submit a written request for the naming or renaming of municipal property and buildings to the CAO/Clerk, providing sufficient information as to how the proposed name satisfies the criteria in this policy. Specifically, the written request shall provide the following information: • Background information and/or biographical information (if named after an organization or an individual) demonstrating that the proposed name is of significance to the community and/or the County; • Documentation including letters from organizations and individuals providing substantial support for the request; 155 `; N�'d�rra/Or��lllr�ll%f 1"ApTI,_ Pj ADMINISTRATION POLICY MANUAL • Documentation verifying that the person/organization being honoured is in agreement with the naming proposal (if they are living), or by their legal representative should they be deceased; • If the naming request is as a result of significant financial gift, a statement of intent, outlining the details of and any conditions applicable to the financial contribution shall be submitted; and • Where a private individual or organization is seeking the renaming of a municipal property or building they are required to submit evidence of public support. Selection Process The CAO/Clerk will forward the application to the appropriate Director responsible for the facility requested to be named or renamed. Each application for naming/renaming shall undergo a process wherein staff will: • Review the application for conformity to this policy; and • Circulate the application to the appropriate internal stakeholders for comment on the suitability of the application. Following the completion of the application review process, the CAO/Clerk shall submit a report with the appropriate recommendation to County Council for consideration. The report shall include the following: • A recommendation; • Rationale for the recommendation; • Confirmation of the individual/organization's endorsement and a description of the community process undertake; if any; • Associated financial implications; and • Other information required by the standard report format used by the County. All names selected for municipal property and buildings must be approved by County Council to be officially recognized. 156 `; N�'d�rra/Or��lllr�ll%f ADMINISTRATION POLICY MANUAL 4. Naming Criteria and Guidelines a. General Guidelines All proposed names for any municipal property or building shall conform to the majority of the following guidelines: • Names should give a sense of place, continuity, belonging, and celebrate distinguishing characteristics and uniqueness of the County of Elgin; • Names should maintain a long-standing local area identification with residents of the County of Elgin; • Names shall be consistent with any other applicable County of Elgin policies and standards; and • Names which reflect or imply a reference to any of the following will not be eligible: o Elected officials currently in office o Political affiliation o Derogatory or offensive terms or references o Discrimination against race, gender, ethnicity or creed o Duplication o Tobacco or alcohol products o Names considered inappropriate for a civic facility or inconsistent with the vision of the County of Elgin. In addition to the above noted general restrictions and guidelines, the County of Elgin further maintains a priority listing for the selection of names for municipal property, buildings or features. This priority listing does not apply to naming requests acknowledging significant financial gifts. b. Priority Listing The three accepted categories of names are listed below in priority order and are explained for further clarification: 157 `; N�'d�rra/Or��lllr�ll%f ADMINISTRATION POLICY MANUAL (I) Geographic Names having a geographical affiliation which may include, but are not limited to the following references: • A neighbourhood or community reference • An adjacent street reference • A noteworthy physical, environmental or scenic quality • Unique site characteristics or scenic qualities • Proximity to a recognizable facility • Topographical or ecological characteristics (II) Historic Names having a historical affiliation which may include, but are not limited to the following references: • A local or national historical event • A heritage event (III) Prominent Individuals and/or Organizations Names affiliated with individuals or organization which may include, but are not limited to: • Individuals or families having a historical connection to a site • Individuals or organizations having made a significant contribution to the community/County in one or more of the following areas: o Service as an elected representative to the municipal, provincial or federal government for at least 2 terms; o Service as a member of a public board, committee or commission; o Service in a voluntary capacity in a community organization; and o Service in a voluntary or philanthropic capacity or having made a significant contribution in the following areas: environment, agriculture, arts, cooperatives, education, medicine, politics, public service, recreation or sports on a local, national or international scale. 158 `; N�'d�rra/Or��lllr�ll%f Pj ADMINISTRATION POLICY MANUAL In those cases where names are affiliated with individuals or organizations, the following criterial must be met: • The contributions of the individual or group must be well documented and broadly acknowledged within the community (staff will verify); • To the extent where possible, a direct relationship should exist between the individual/organization and the facility or feature being considered; • In the case of an elected official or civil servant, they must be retired from public service or deceased to be eligible; • If a facility is to be named after an individual or group, permission and agreement must be obtained from the individual or their legal representative involved prior to consideration and review by the department. In the case of a deceased individual, recognition shall only be considered with the approval of the legal representative, prior to consideration and review by the department; and • The reputation of the individual or organization must be honourable, as the term implies, to be considered for naming. 5. Donor Recognition — Significant Financial Gifts Upon formal request, the County of Elgin will consider naming a public building or property or features of a building or property as a means of providing recognition for significant financial gifts to the County. The term "Significant Financial Gifts" implies a minimum monetary donation of 35% of the total real or capital cost, or appraised value, whichever is greater, of the amenity being considered for naming. 6. Renaming of Existing Municipal Property and Buildings, and Features Recognizing that established names contribute significantly to community identity and pride, proposal to rename existing municipal property, buildings and features must be predicated by exceptional circumstances. Accordingly, existing names will not be changed without consideration of: • The historical significance of the existing name; • The impact on the individual or organization associated with the existing name; and, • The cost and impact of changing existing signage, rebuilding community recognition and updating records. 159 `; N�'d�rra/Or��lllr�ll%f 1"ApTI,_ Pj ADMINISTRATION POLICY MANUAL All renaming requests must be submitted in writing. Where a name change is recommended, a communication strategy will be initiated by advertising the proposed named change on the County's website for a period of 30 days during which time; public comments will be received and considered. Additionally, the cost associated with the renaming initiative will be the responsibility of the County when the renaming has been initiated by the County and will be the responsibility of the individual or community group/organization when the renaming has been initiated by the individual or community group/organization. 160 w, rmllllyij J flgin 1 wrae'h 4dWer 1M',r REPORT TO COUNTY COUNCIL bFCr FROM: Julie Gonyou, Chief Administrative Officer DATE: February 25, 2018 SUBJECT: Overview of Elgin County Long -Term Care (LTC) INTRODUCTION: Long -Term Care (LTC) Homes are subsidized facilities providing nursing and personal care to individuals who are no longer able to live independently; and/or with community home care support. Many long-term care homes also offer short stay respite care. The success of the operation of long-term care homes is built on the foundation that the facility becomes the `home' of its Residents. At our Elgin County Homes we take great pride in creating an environment where residents live with dignity and in security, safety, and comfort and have their physical, psychological, social, spiritual and cultural needs met. This strong foundational belief is encompassed and supported by the legislation and regulations highlighted in "The Residents' Rights" and "The Long -Term Care Homes Act, 2007". Elgin Manor, Terrace Lodge and Bobier Villa are Elgin County's three municipally -run Long -Term Care Homes offering a total of 247 beds (4 respite and 243 long stay). Planned, operated and partially funded by the County of Elgin, our Homes tailor services to meet local needs and allows for a level of care that is of exceptional quality while also being transparent in operation and accountability. At the February 13th, 2018 meeting of County Council, the topic of LTC was discussed. This discussion included, general questions in regard to the proportion of residents currently residing in our homes whose last known address was Elgin County and whether additional fees could be charged for those who are coming to Elgin County from an area other than Elgin County. As directed by County Council, the purpose of this report is to provide an overview of Seniors Services offered in Elgin County. This report also explores the history of LTC in Ontario and demographic trends and the challenges with municipal LTC provision. BACKGROUND: ELGIN COUNTY'S LONG-TERM CARE HOMES Elgin County has been providing care and support since 1875. Over the years, service has been enhanced to include three long-term care homes and community outreach programs across the County. Elgin Manor is a 90 -bed long-term care facility located in the Township of Southwold. Terrace Lodge is a 100 -bed long-term care home situated in the Township of Malahide and Bobier Villa is a 57 -bed long-term care facility nestled in the community of Dutton. Each home features private, semi -private (preferred) and basic accommodation with 24-hour nursing care, outdoor areas to relax with family, as well as living and dining areas for resident enjoyment. 161 Elgin County's homes contribute to the local economies and provide direct employment of about 360 (full-time and part-time staff) in our three homes. Because we offer fair workplaces that offer competitive wages and benefits and have appropriate staff -to - resident ratios, we are often the community's employer of choice. As the workforce is a reflection of the community, our staff understand the specific needs and preferences of the seniors we serve and are able to tailor the services provided to individuals. Because we know our citizens' distinctive cultural and local needs, we are able to tailor services to meet those needs. To accomplish this, Elgin County Homes have strong partnerships with health care providers and community service agencies which provide opportunities to leverage other services (e.g. VON hospice volunteer visitors), enhance social opportunities (e.g. through grants), improve transportation (Adult Day Program - WECHC), manage responsive behaviors (Alzheimer Society, Regional Mental Health Care, STEGH, external BSO team), and support palliative and end -of -life care at the Home (Elgin Hospice Palliative Care Committee). Ultimately, the partnerships we have help support the provision of individualized quality resident care. HISTORY OF MUNICIPAL ROLE IN LONG-TERM CARE Municipalities have been operating homes and providing care for seniors for more than 150 years. The Municipal Institutions Act (1868) required Counties with >20,000 people provide Houses of Refuge for people who were homeless. This legislation was updated in 1947 to the Homes for the Aged Act which shifted the focus to seniors and the Province provided 25% of the cost of building new Homes for the Aged. In 1949, the Homes for the Aped and Rest Homes Act stipulated that all municipalities establish a Home for the Aged. New regulations within this Act ensured greater consistency in care and municipalities saw an increase in provincial funding. In 2007, the Long -Term Care Homes Act required every upper or single -tier southern municipality maintain at least one municipal home. Most recently the legislation was updated in 2017 to the Patients First Act which emphasizes integration of services within geographic regions. CHANGING COMMUNITY DEMOGRAPHICS In the field of public policy, it is widely recognized that the structure of the Canadian population is undergoing a significant shift. As fertility rates drop and the `baby -boom' cohort begins to enter retirement, Ontario's population is getting older. According to information retrieved from Statistics Canada's Age and Sex Highlight Tables (2017), the number of seniors is expected to double from 2.3 million (2016) to 4.6 million (25% of the population) by 2041. In 2016, for the first time in history, Ontario had more seniors than children under the age of 15. The implications of this shift are being felt across all levels of government, as new demands are being placed on service delivery and program funding, resulting in further impacts on the fiscal position of municipalities, regions and senior levels of government. CHANGES IN LONG-TERM CARE In the past five years, the LTC sector has undergone profound change. Before then, LTC homes accommodated a mix of residents with low to very high care needs. Since 2010 however, only people with high or very high care needs are eligible for LTC in Ontario. These changes are largely duet 1 e province's aging -in-place strategy, which has made more funding available for care at home while implementing new, stricter admission criteria for those entering long-term care. The result is that Ontario seniors are entering long-term care homes when they are older, frailer, and in need of more medical and personal care than ever before. Our seniors need LTC homes that are ready and capable of meeting their ever-increasing, complex health care needs and able to provide safe quality care when they expect and require it most. Ontario, Local Health Integration Networks (LHINs) are the gatekeepers of LTC beds. A family doctor, family member, or home care worker may tell the LHIN that it is no longer possible to keep the person in his or her home, ultimately, the LHIN conducts the assessment and makes the decision. ONTARIO'S LONG-TERM CARE According to AdvantAge Ontario's report Ontario's Municipalities: Proud Partners in Long -Term Care (2017), municipalities operate almost 1 of every 5 LTC homes in the province and are home to almost 1 in 4 Ontarians receiving LTC. There are 625 LTC homes in Ontario, 16% (102) of which are operated by municipalities. This accounts for 77,541 LTC beds in Ontario, 22% (17,000) of which are operated by municipalities. Ontario municipalities contribute approximately $300 million a year (2014) to LTC services and even more to other services for seniors. 625 homes are homes licensed and approved to operate in Ontario 58% of homes are privately owned, 23% are non-profit/charitable, 16% are municipal About 40% of long-term care homes are small, with 96 or fewer beds • Of these small homes, about 47% are located in rural communities that often have limited home care or retirement home option 77,477 long -stay beds are allocated to provide care, accommodation and services to frail seniors who require permanent placement 617 convalescent care beds are allocated to provide short-term care as a bridge between hospitalization and a patient's home 355 beds are allocated to provide respite to families who need a break from caring 24/7 for their loved one Approximately 300 of the province's long-term care homes are older and need to be redeveloped (more than 30,000 beds) The average time to placement in long-term care, as of October 2017, is 143 days The wait list for long -stay beds, as of October 2017, is 32,775 Sources. Long -Term Care Utilization Report, October 2017, Ontario Ministry of Health and Long -Term Care, Ontario Long -Term Care Association, 2017. 163 FUNDING The Ministry pays directly for the costs of nursing and personal care, as well as for recreation, through a funding formula (Case Mix Index — CMI) determined by the province. These costs are separated and must be reconciled at the end of the year. Unspent funds are returned to the government. LTC is part of the province's health care system and is publicly funded on a cost -shared basis with residents. Residents pay for their accommodation. Municipalities augment funding to enhance services. Costs to be paid by residents are set by the province, and are subject to change annually. The province expects that charges are affordable to any applicant, with an opportunity to qualify for a subsidy if a resident's basic accommodations are not affordable. Provincial funding for long-term care in 2016: $4.07 billion (7.9% of the overall provincial health budget); $170.78 per resident, per day ($52,000 per year); Approximately $96.90 per day for nursing and personal care (such as assistance with personal hygiene, bathing, eating, and toileting); $9.60 per day for specialized therapies, dietician, recreational programs, and support services; $9.00 per day for raw food (ingredients used to prepare meals); and • $55.28 per day for other accommodations (salaries, employee benefits, education, training, purchased services, supplies, equipment and devices related to housekeeping services, buildings and maintenance, dietary services, laundry and linen, administrative services and facility costs). Source: MOHL TC, LTCH Level -of -Care per Diem Funding Summary (July 1, 2017) Proportion of Elgin County Residents Residing in Elgin's Homes As discussed at our last County Council meeting, our residents come to reside in Elgin County for a variety of reasons. In some cases, the "last known residence", or residence used below doesn't capture residents who are coming to our Homes from the hospital or other LTC facility. Additionally, these statistics do not reflect whether a resident had ever resided in Elgin County or whether their families prioritized our homes based on their desire to keep the resident close to family who live in Elgin County. 164 February 2018 - Admissions by Resident Domicile 60 50 40 30 20 10 Durham County o City of County of Address Elgin Chatham- City of City of City of St. City of City of County of County of Regional Lanark New Out of Woodstoc Middlese unknown(, (brwn Kent Hamilton London Thomas Toronto Windsor k x Norfolk Oxford ,,,..Municipal County Brunswick Country ea ities below) IIIIIU Elgin Manor Ilf. Bobier Villa IIIIIIIITerrace Lodi Middlesex County completed a similar breakdown of admissions by resident domicile prior to admission and found that over 50% of admissions come from outside of Middlesex County. ADDITIONAL FEES The Long -Term Care Homes Act, 2007 s. 91 (1) states "A licensee shall not charge a resident for anything, except in accordance with the following - 1. For basic accommodation, a resident shall not be charged more than the amount provided for in the regulations for the accommodation provided. 2. For preferred accommodation, a resident shall not be charged more than can be charged for basic accommodation in accordance with paragraph 1 unless the preferred accommodation was provided under an agreement, in which case the resident shall not be charged more than the amount provided for in the regulations for the accommodation provided 3. For anything other than accommodation, a resident shall be charged only if it was provided under an agreement and shall not be charged more than the amount provided for in the regulations, or if no amount is provided for, more than a reasonable amount. 4. Despite paragraph 3, a resident shall not be charged for anything that the regulations provide is not to be charged for." and s. 91 (4) states "A licensee shall not accept payment from or on behalf of a resident for anything that the licensee is prohibited from charging for under subsection (1) and shall not cause or permit anyone to make such a charge or accept a payment on the licensee's behalf." 165 Additionally, Ontario Regulation 79/10 section 246 states "The maximum amounts that may be charged by a licensee under paragraphs 1 and 2 of subsection 91 (1) of the Act shall be determined in accordance with sections 247 to 254. O. Reg. 79/10, s. 246." As a result, the LTCH Act, 2007 and Ontario Regulations 79/10 prohibit municipalities from charging more for non -county residents. Admissions are distributed across municipalities through family and resident selection of up to five (5) LTC Homes and LHIN priority placement on each Homes wait list. CONCLUSION: Increasingly across Ontario, municipalities are asking challenging questions in regard to the provision of LTC services at the municipal level. Clearly, the complexity of the service is increasing as our population ages and lives longer. The resulting complexity of LTC needs has renewed the call among many municipalities that their facilities have become health services and as such should be a full provincial responsibility. The added complexity of this service is not without increased costs. Often, our LTC facilities are now receiving very complex cases that in the past would be cared for in mental health or hospital settings. When this complexity is matched by increasing regulation from the province, the end result is predictable as across Ontario there is a dramatic increase in municipal costs for LTC services. Increased regulation, cost and complexity has led many municipalities to conclude that they should not be in the LTC business. In their position paper entitled Coming of Ape, AMO highlights the long and short-term challenges for the provision of LTC services and suggests that municipalities should have a variety of options at their disposal including getting out of the business if there are private facilities available in a community that can accomplish the province's LTC goals. These calls for increased flexibility and increased provincial funding support are all the more understandable at the County level when we examine where our residents are coming from. The demographic information clearly indicates that LTC has become a regional/provincial service, now that the LHIN is responsible for bed allocation. Across Ontario, LTC facilities resemble hospital level regulation and complex health services, with increasing funding challenges that serve a community that is well beyond the county boarders. RECOMMENDATION: THAT the report titled "Overview of Elgin County Long -Term Care (LTC)" from the Chief Administrative Officer, dated February 25, 2018 be received and filed. All of which is Respectfully Submitted, Julie Gonyou Chief Administrative Officer 166 IN Progress fW Nature Procedural By. aw Review -ch - 2018 167 This presentation provides County Council with several recommendations for minor revisions to the County's Procedural By -Law and requests Council direction on revisions. In many instances, the revisions are a result of changes made to the Municipal Act through Bill 68, previous Council direction, and includes updates recommended by staff. The procedural by-law sets out the rules and regulations for the proceedings of Council, Committees and Local Boards. WHEREAS pursuant to Section 238 of the Municipal Act, 2001, S.O. 2001, Chapter M.45, as amended, every municipality shall pass a procedure by- law for governing the calling, place and proceedings of meetings; and WHEREAS the Council of the Corporation of the County of Elgin did pass By -La � _ 11_x-6, - = , 03-33 and 07-36 and amendments thereto, in order to make and establish rules and regulations for governing the proceedings of the Council; and WHEREAS it is necessary to update the procedural by-law in keeping with ithe-E- - - - - AUCH Leg ct" and repeal previous by-laws to comply with amendments to the Municipal Act, 2001, S.O. 2001. NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: 169 1.0 Definitions In [M1ls 8V'Law'. Ad Hoc or Special Committee means a committee established by the Council to review a specific matter and report to the Council with respect to its findings and/or recommendations; Committee means any advisory or other committee, subcommittee, or similar entity composed of one or more members of Council; Committee of The Whole means Members of the Council sitting as a committee to facilitate discussion by using less restrictive rules than those used in the formal meeting of the Council; Ex -Officio means by virtue of office or position and carries with it the right to participate fully in the committee meeting and to vote unless prohibited by law; Meeting means any regular, special, committee or other meeting of the Council; and defined by B'__ 68 as "'any spec a or other me Member means a Member of the Council and includes the Head of the Council. Presiding Officer means the Head of Council or other person presiding over a meeting; Quorum means a majority (more than 50%) of the whole number of members required to constitute the Council. Special Meeting means a meeting not scheduled or held at a regularly scheduled date and time. -Elect-onk o - o --_ board - - _ Comm-ttgae -=- = - them, participatey a - open to the public to the extent and in the manner set out in the by-law provided that any such member sha NO— be counted determining -- quo -um ot memb-- is --_- - -- - ----- OT E_ rr _ 3 not e b—I %ANU ng manila --r 171 ' a M32 ' # a 1 2.0 In all the proceedings had or taken in the Municipal Council of the Corporation of the County of Elgin, the following rules and regulations shall be observed, and shall be the rules and regulations for the order and dispatch of business in the said Council. 2.1 In all unprovided cases in the Proceedings of the Council or in Committee, "Robert's Rules of Order" shall be followed. 172 3. 0 Meetings and Ad i - 1 -1 ul I tj 2=1 MEETINGS AND ADJOURNMENT 3.1 The First or Inaugural Meeting of the Council, after a regular election and the first meeting of each subsequent year of its term, shall be held at 7:00 RM. on the second Tuesday in December, and for every other day or sitting in the meeting, such hour shall be regulated at the previous adjournment or recess. 3.2 The Regular Meetings of the Council shall be held in the Council Chambers of the Elgin County Administration Building, 450 Sunset Drive, St. Thomas, ON, or other designated location, at 9:00 A.M., on the second and fourth Tuesday of each month. 3.3 Council may, by Resolution, alter the date and/or time of the Regular Meeting provided that adequate notice of the change is provided to local media and posted on the County website. 3.4 Unless there shall be a quorum present within thirty (30) minutes after the time appointed for the meeting of the Council, the Council shall then stand absolutely adjourned until the next regular hour of meeting, and the Chief Administrative Officer or designate, if required by two members, shall take down the names of the members present at the expiration of such thirty (30) minutes. 3.5 The Council shall always recess/adjourn at 12:00 noon, and 6:00 RM., if in meeting at these hours, unless otherwise determined by a resolution, but shall always adjourn at 10:00 R M . 173 3.0 Meetings and Adjournmen (continued) 3.6 The members of the Council shall not leave their places on adjournment, until the Warden or other Presiding Officer leaves the Chair. 3.7 a) All meetings shall be open to the public. Persons may only be excluded when the Council is -"- and Committee Of The Whole and proceeding in a Closed Meeting in accordance with Section 9.6 of this By -Law and Section 239 of the Municipal Act, 2001 z n- z---.--am----s -------0 ----05--c_ Dv B` -- 0'. b) Special Meeting: i) The Warden may, at any time, summon a special meeting. ii) The Warden shall summon a special meeting upon receipt of a petition of the majority of the Council members, for the purpose and at a time and date mentioned in the petition. iii) In the absence of the Warden or the neglect or refusal of the Warden to convene such a meeting, the Chief Administrative Officer or designate shall call a special meeting. 174 4.1 The Agenda shall be considered as notice of regular meetings and By -Law 07-29, being a by- law to establish a policy respecting the manner in which notice will be provided shall be utilized. 4.2 The Clerk shall cause to be delivered to each member of the Council by personal delivery, or electronic mail, an Agenda for each regular meeting of the Council to the address provided by the member of the Council. The Agenda of the regular council meeting shall be provided on the Thursday preceding each meeting. 4.3 Notice of a Special Meeting called in accordance with this by-law shall be delivered to the Members of the Council by means of personal delivery, or electronic mail to the address provided by the member of the Council. The Notice of a Special Meeting shall be provided not later than twenty-four (24) hours before the hour appointed for the holding of such meeting. Where time is of the essence, notice may be given by telephone call to the members. 4.4 No business except the business dealing directly with the purpose mentioned in the Agenda shall be transacted at a special Meeting. 4.5 Notice of meetings will be sent to the media upon request and posted on the County website but no sooner than four (4) days in advance of the meeting. 4.6 Agendas for the Council will be released to the public and the media upon request and posted on the County website but no sooner than four (4) days in advance of the meeting. 4.7 Reports or actions before the Council that req��es enactment of a by-law, with notice, shall be subject to the terms of the "Provision of Notice By -Law". It is the role of the Warden as Head of Council: a) to act as Chief Executive Officer of the municipality; b) to preside over Council meetings so that its business can be carried out efficiently and effectively; c) to provide leadership to the Council; d) to represent the County at official functions; e) to carry out the duties of the Head of Council under any other Act; f) to provide information or recommendations to council to ensure that administrative policies, practices and procedures are in place to implement the decisions of council. 176 a) to represent the public and to consider the well-being and interests of the County; b) to develop and evaluate the policies and programs of the County; c) to determine which services the County provides; d) to ensure that administrative policies, practices and procedures and financial policies, practices and procedures are in place to implement the decisions of the Council; e) to ensure the accountability and transparency of the operations of the County, including the activities of the senior management of the County; f) to maintain the financial integrity of the County; g) to carry out the duties of Council under any Act. 177 7.0 Order of Proceedings in Council 7.1 As soon after the hour of meeting as a quorum is present, the Warden shall take the Chair and members present shall be called to order. 7.2 When the Warden is not in attendance, the Chief Administrative Officer or designate shall call the meeting to order until a Deputy Warden is chosen, and the member so chosen to preside shall take the Chair during the absence of the Warden, but only at the meeting for which the member has been so chosen. 7.3 Immediately after the Warden or other Presiding Officer has taken his seat at the first day of each meeting, the minutes of the preceding meeting as mailed to each member shall be adopted as printed or amended and signed by the Warden and the Chief Administrative Officer or designate. 7.4 When two or more members wish to speak to a question or motion, the Warden shall name the member who is to speak first. 7.5 When the Warden or other Presiding Officer is putting the question, no member shall walk across or out of the room, nor interrupt the speaker, except to a question of order, nor pass between the speaker and the Chair. 178 7.0 Order of Proceedings in Council (continued) 7.6 Any member called to order shall at once cease speaking, unless permitted to explain, and the ruling of the Warden or other Presiding Officer shall be final, unless otherwise decided by the Council on an appeal from such ruling. 7.7 No member shall speak disrespectfully of any person or use unparliamentary or offensive language in or against the Council or against any member, staff or other person in the Council Chamber. 7.8 No member shall partake of food in the Council Chamber while the Council is meeting. 7.9 No member shall speak beside the question in debate. 7.10 Any member may require the question or motion under discussion to be read at any time during the debate, but so as not to interrupt a member while speaking. 7.11 No member shall speak more than once on the same question, until all other members have had the opportunity to speak to the question. 7.12 After a motion is passed, or a report adopted, no motion to alter or amend the same shall be considered during the same meeting of the Council, unless the motion to alter or amend is moved and seconded by two members from among those who voted with the majority that carried said motion or report 179 7.0 Order of Proceedings in Council (continued) 7.13 Upon a division of any question before the Council, except Committee Of The Whole in a Closed Meeting, and if required by any member of the Council, the names of those voting on the matter before the Council shall be recorded YEA or NAY as the members vote on the question. All members present during a division must vote. 7.14 Questions under the proper Orders Of The Day may be put to the Warden or other Presiding Officer, or through him to any member of the Council, relating to any motion, or other matter connected with the business of the Council or the affairs of the County, but no argument or opinion is to be offered, nor any facts stated, except as may be necessary to explain the same; and in answering any such questions a member is not to debate the matter to which the same refers. 7.15 Members of the Council, except the Warden, shall be referred to as County Councillors. 7.16 At any time when a vote, taken by a show of hands, is unclear as to the outcome, the Warden or other Presiding Officer may request the members to stand to indicate their YEA or NAY. 7.17 Upon a tie vote on any question, by a show of hands, a recorded vote shall then be taken. 7.18 Upon a tie recorded vote the question shall be considered a defeated motion. :m 8.0 Agenda/Orders of the Dal 8.1 The Chief Administrative Officer or designate shall have prepared an agenda of the Orders Of The Day, containing: Regular Meeting 1st Meeting Called to Order 2nd Adoption of Minutes 3rd Disclosure of Pecuniary Interest and the General Nature Thereof 4th Presenting Petitions, Presentations and Delegations 5th Motion to Move into Committee Of The Whole Council 6th Reports of Councillors, Outside Boards and Staff 7th Council Correspondence i) Items for Consideration ii) Items for Information (Consent Agenda) 8th Other Business: i) Statement/Inquiries by Members ii) Notice of Motion iii) 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 15th Public Notice. 181 Inaugural Meeting 1st Meeting Called to Order 2nd Receipt of Declaration of Acclamation to Office or Declaration of Election from Councillors (the first year only after a municipal election) 3rd Declaration of Office by Councillors (the first year only after a municipal election) 4th Election of Warden 1)Candidates for Warden to Stand 2) Prospective Candidates to Speak (alphabetical order) 3) Proceed with Election (Ballot or Resolution) 5th Administering and Signing of Declaration of Office 6th Gowning Th Presentation by Past Warden —Chain of Office — Lord Elgin Watch —Gavel of Office Stn Warden's Address 9th Resolution to Destroy the Ballots (if required) 10th Adoption of Minutes 11th Warden to Recommend Committee and Outside Boards Appointments 12th Consideration of By -Laws 13th Other Business: i) Statements/Inquiries by Members ii) Notice of Motion iii) Matters of Urgency 14th Recess. 182 8.2 Matters of Urgency/Addendum to Agenda When a Councillor wishes to inform the Council of a matter that must be considered immediately, due to extreme time constraints or utmost importance, after the Agenda has been prepared, the Council by majority vote shall determine if the matter is admissible and requires immediate action and such item may be included as an Addendum to the Agenda without prior Notice being given. 183 a) Statements/Inquiries by Members When a Councillor wishes to inform the Council of a matter that does not require action and consideration by the Council or wishes clarification of a matter, such information may be announced under "Statements/Inquiries by Members". It is understood that these announcements are made solely for Council's information and that under no circumstances shall the Council undertake an action within this category. im 8.3 Other Business (continued) b) Notice of Motion Notice of Motion shall be received by the Chief Administrative Officer or designate at any time the Council is meeting and in his office in advance of the production and distribution of the agenda material and shall be printed in the agenda. A Notice of Motion shall be dealt with by the Council, at the meeting at which it appears printed in the agenda. A Notice of Motion that is not printed in the agenda shall be dealt with in the order of business of motions at any subsequent meeting of the Council. 185 8.4 The business shall, in all cases, be taken up in the way in which it stands upon the Orders Of The Day, unless otherwise determined by a vote of the majority of the members present taken without debate thereon. 8.5 All motions shall be seconded before being debated or put to vote; and all motions shall be read and then conveyed to the Warden, who may again read the same. 8.6 After a motion has been received by the Warden or other Presiding Officer, it shall be deemed to be in possession of the Council, but may be withdrawn at any time by consent of a majority of the members present. 8.7 A motion to refer the main motion to staff or an outside board shall preclude all amendment of the main question until decided. 8.8 A motion to adjourn shall always be in order unless a vote is being taken. 8.9 A motion to table is always in order and will supersede the main motion. 8.10 All amendments shall be put in the reverse order in which they are moved; and every amendment submitted shall be decided upon or withdrawn before the main question is put to vote. 8.11 There shall not be more than two (2) amendments to the main question. 8.12 Not more than one (1) amendment shall be allowed to either amendment. 8.13 After any question is finally put to vote by the Warden or other Presiding Officer, no member shall speak to the question, nor shall any other motion be made until after the result is declared. 8.14 Whenever the Warden or other Presiding Officer is of the opinion that a motion offered to the Council is contrary to law, or the rules and privileges of the Council, he shall apprise the members thereof immediately. 8.15 Members shall always take their places when any division is called. 8.16 When the Warden or other Presiding Officer is called on to decide a point of order or practice, he shall state the rule or authority applicable to the case. 187 9.0 Proceedings Whole d Closed Meetings When the Council wishes to consider a subject(s) with all the freedom granted an ordinary committee, it may refer the matter to Committee Of The Whole. Members may speak more than once to the same question and the limitations on length of speaking, if any, are relaxed. 9.1 Whenever it shall be moved and carried that the Council go into Committee Of The Whole and in a Closed Meeting, the Warden or other Presiding Officer may leave the Chair, and appoint a Chair, who shall maintain order in the Committee. 9.2 The rules of the Council shall be observed in Committee Of The Whole, so far as may be applicable. 9.3 The Chair, subject to an appeal to the Council, shall decide questions of order arising in Committee Of The Whole, and if any sudden disorder should arise in the Committee, the Warden or other Presiding Officer will resume the Chair, without any question being put. 9.4 On motion in Committee Of The Whole in a Closed Meeting to rise and report, the question shall be decided without debate. 9.5 The only motions allowed while in a Closed Meeting are: a) motion to rise without reporting b) motion to rise and report mot -on t-_-- _ - provide _ staff �€ - t' - 188 9.0 s in Committee of the • Whole and In Closed Meetings 9.6 Exclusion of Persons from Committee and the Council at Closed Meetings: a) Pursuant to Section 239, of the Municipal Act, when a motion to proceed in a Closed Meeting is carried, the Warden or the Chair may, with the approval of the Council, exclude such persons as deemed appropriate from the meeting room. When in a Closed Meeting, no one shall leave and re-enter the meeting room without the approval of the Warden or Chair. A meeting or part of a meeting may be closed to the public if the subject matter being considered is: i) the security of the property of the municipality or local board; ii) personal matters about an identifiable individual, including municipal or local board employees; iii) a proposed or pending acquisition or disposition of land by the municipality or local board; iv) labour relations or employee negotiations; V) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; vi) advice that is subject to solicitor -client privilege, including communications necessary for that purpose; vii) a matter in respect of which the Council, board, Committee of Council, local board, or other body may hold a closed meeting under Astther Act. 9.0 Proceedings Whole and In Closed Meetings explicitlysupplied �-�� - ���=-�to��board "= ��- �-��-d =�3-� 33 - � x- --- --(C-own-Agency ot any of them, -trade secret -- -= - _- _ - =- - =- - - -- - -- -- - -- - - - labo 9.0 s in Committee of the • Whole and In Closed Meetings e) A meeting may also be closed to the public if the following conditions are both satisfied: i) The meeting is held for the purpose of educating or training the members; and ii) At the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the Council, local board or committee. f) Clause 6.1(b) of the Municipal Freedom of Information and Protection of Privacy Act does not apply to a record of a meeting closed under subsection (e), therefore the record of a meeting closed under education and training is a public record g) Before holding a meeting or part of a meeting that is to be closed to the public, a council or local board shall state by resolution the fact of the holding of the closed meeting and the general nature of the matter to be considered at the closed meeting. h) Despite this section a meeting shall not be closed to the public during the taking of a vote, unless: i) subsection (c) or (d) permits the meeting to be closed to the public and if the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the municipality, or persons retained by or under a contract with the municipality. If a meeting is closed to the public, no resolution or record of the meeting shall disclose any information that the Head of an institution is noermitted to disclose under the Municipal Freedom of Information and Protection of Privacy Act. The Council has appointed a Closed Meeting Investigator to carry out Closed Meeting Investigations, upon request by any person, to determine whether the Council or a local board has complied with its Closed Meeting Proceedings or the Council's Procedural By -Law in respect of a meeting or part of a meeting that was closed to the public, in accordance with Section 239.2 of the Municipal Act. 192 11.0 of By -Laws and Reading Proceedings 11.1 Every by-law shall be in printed or electronic form and introduced by the Chief Administrative Officer or designate and shall be adopted by the Council. 11.2 All By -Laws collectively shall be given first, second and third readings in a single motion, unless a Member wishes to discuss the contents of a by-law or a matter requires that the by-law receive first and second reading only and third reading at a future meeting, at which time the subject by-law shall be removed from the motion and dealt with separately. The headnote only of the by-law shall be read and a by-law shall not be enacted until it has received three readings. 11.3 After by-laws have passed, the Chief Administrative Officer or designate shall be responsible for their corrections should they be amended. 11.4 The Proceedings of every regular and special meeting shall be confirmed by by- law so that every decision of the Council and every resolution passed at that meeting shall have the same force and effect as if each one of them had been the subject matter of a separate by-law duly enacted. 11.5 All by-laws adopted shall be printed in the annual Proceedings of the Council. 193 12.0 Petitions, ations and • Correspondence (continued) 12.1 Every petition, protest, or other written application intended to be presented to the Council, must be legibly written or printed on paper, and signed by at least one person, complete with their mailing address and telephone number. The Warden, in consultation with the Chief Administrative Officer, shall determine whether the delegation(s) request is suitable and appropriate for consideration by County Council. In determining the suitability, the Warden shall ensure that the request is within the County's purview and jurisdiction. 12.2 Every member presenting any petition, protest, or other written application to the Council, shall examine the same, and shall be answerable that they contain only relevant or proper matter, and that the same is respectful and temperate in its language; he shall also endorse thereon the name of the applicant and the substance of such application, and sign his name thereto, which endorsement only shall be read by the Chief Administrative Officer, unless a member shall require the reading of the paper, in which case the whole shall be read. 12.3 All petitions or other written communications received prior to the Council on any subject within the cognizance of any outside board shall, on presentation, be referred to the relevant outside board by resolution. Any matters arising subsequently shall be referred by the Warden without motion; and no member shall speak upon, nor shall any debate be allowed on the presentation of any petitions or other communications to the Council. 12.4 Any person or group of persons, wishing to address the Council, is required to make the necessary arrangements through the Chief Administrative Officer, at least eight (8) days prior to the date of the Council meeting. Written briefs shall be provided so that sufficient time will permit distribution to the members of IM Council, prior to the said meeting. 12.0 Petitions, Delegations Correspondence (continued) 12.5 Once a delegation has addressed the Council, no further request on the same issue will be entertained until written information is produced to the Council and it agrees that another visit is warranted. 12.6 A delegation shall be limited to a maximum of fifteen (15) minutes. 12.7 No more than four (4) delegations shall be scheduled to address Council at any -- -- - - -=- -- -- - ---- - perm -- - - -teed - -- the - - d -_ regular meeting, 3_--��� �3--� 3`�� � 23`33 - -� 3--� ���- �-, 12.8 The Chief Administrative Officer or designate shall provide all individuals or groups, indicating that they wish to address the Council, with a copy of the appropriate section of the Procedural By -Law dealing with delegations. 12.9 The deadline for receiving correspondence is eight (8) days prior to a regular Council meeting. Correspondence received after the deadline may be forwarded to the Council by no later than the Friday preceding a regular Council meeting. Notwithstanding the deadline limitation, if an item must be dealt with due to an emergency situation or extreme time constraints, the item may be forwarded to the Council or be dealt with as an Addendum to the Agenda in accordance with Section 8.2 of this by-law. 195 13.0 Organization of Committees 13.1 The Warden shall recommend and the Council shall appoint representatives from within their membership to various committees/boards/agencies at the first meeting in December of each year. 13.2 a) All members of the Council shall be appointed to at least one position on any committee/board/agency. b) All members of the Council are equally eligible to serve on any committee/board/ agency. C) Additional per diem pay shall not be permitted as Council's monthly stipend is intended to cover these costs. 13.3 Ad Hoc or Special Committees The Council may appoint Ad Hoc or Special Committees if an issue must be addressed and it does not fall within the scope of management staff. 13.4 Vacancies/Appointments Committee/board/agency vacancies, which occur during the year, shall be filled at the Council. 196 14.0 Other Committees/Boards/ Agencies COMMITTEE NAME Dispute Resolution Elgin County Museum Elgin St. Thomas Public Health Health Recruitment Partnership Human Resources Committee Joint Elgin/Central Elgin Accessibility Advisory Committee Building Committee Rural Initiatives St. Thomas -Elgin Public Art Centre Waste Management/Liaison Council Water Advisory Committee 197 APPOINTEES 3 (2+ Warden) 4 (3+ Warden) 3 1 All members of 1 14.0 Other Committees/Boards/ Agencies (continued) COMMITTEE NAME APPOINTEES Land Land Division - The Council shall appoint a -eve 7 member Land Division one f - each ocal vIl - c pal iy� who shall hold office during the term of the Council that appointed them. Persons serving on local boards or committees shall be eligible for re- appointment, but shall not be eligible for re -appointment to the same position for a period of more than eight (8) consecutive years. After an absence of not less than one (1) year, such person shall be eligible for re -appointment. rim ........... 11''i''liqll t Im 1111 to raw oil 1111 15.1 The general duties of the Committees of the Council shall be to report to the Council at least annually, and as often as the interests of the County may require, on all matters connected with the duties imposed on them respectively, and to recommend such action by the Council in relation thereto as may be deemed necessary. 15.2 Reporting Appointees to committees/boards/agencies shall present a report on the activities at least once a year to County Council, in accordance with the following schedule: SEPTEMBER - Elgin St. Thomas Public Health OCTOBER - St. Thomas -Elgin Public Art Centre NOVEMBER - Land Division Committee Note: The Dispute Resolution Committee; Rural Initiatives Committee; Social/ Entertainment Committee; and Waste Management/Liaison Committee; meet on an infrequent basis, therefore scheduled reporting for these committees may not be required. Members may report to the Council at any time and more frequently if they wish. 199 16.0 Social/Entertainment Committee (SEC) 16.1 The SEC shall be an Ad Hoc Committee of the Council consisting of two (2) Members of the Council, with the understanding that the workload will be divided, thereby not placing undue hardship on one Member. 16.2 The SEC shall oversee and implement all social arrangements concerning County functions, including, but not limited to the following: a) organizing and conducting the Warden's Banquet 16.3 The SEC shall report to the Council from time to time as required. 16.4 The Administrative Service Department shall provide the Secretary/Coordinator for the SEC. 200 17.1 No member of the Council shall have power to direct or interfere with the performance of any work for the County Corporation. 201 18.1 The Chief Administrative Officer or designate shall take the Chair at seven o'clock in the evening of the second Tuesday of the month of December in each year, or at such hour and on such day thereafter as the majority of the Members of the Council are present in the Council Chamber. 18.2 The Chief Administrative Officer or designate shall prepare ballots for each member with the names of the members written or printed thereon. 18.3 a) The Chief Administrative Officer or designate shall announce that any person aspiring to the position of Warden shall be granted an opportunity, not exceeding five (5) minutes, to address the Council. Candidates will address the Council in alphabetical order. 18.4 The Chief Administrative Officer or designate shall inform the members that he is ready to proceed with the election of one of their number to be Warden, unless only one member indicates his intention to run for the Office, in which case the election procedure is dispensed with in favour of a resolution appointing the Warden. 202 rZAfM§TJM§TJ1 18.5 a) Voting shall be by secret ballot and balloting will continue until a candidate obtains a majority of votes. The Chief Administrative Officer or designate shall count the votes, in the presence of a - 3 - 3�3£ £_- 3 be chose- b h . 0. b) In the event there are more than two (2) candidates, the candidate receiving the lowest number of votes shall retire after each ballot. At no time shall the actual number of votes received by any candidate be announced, only the successful candidate's name. c) If two (2) candidates with the least number of votes are tied, then a tie-breaker ballot between the two lowest (tied) votes shall take place. d) By motion, the Chief Administrative Officer or designate shall be directed to destroy the ballots after the election has been completed. 18.6 For the purposes of electing the Warden, each member of County Council shall have one vote. 18.7 In the case of an equality of votes for Warden, the successful candidate shall be determined by the Chief Administrative Officer or designate placing the names of the candidates on equal sized pieces of paper in a box and one name being drawn by a person chosen by the Chief Administrative Officer or designate. 18.8 The Warden -Elect shall forthwith sign anideclare and read aloud the Declaration of Office and, on completion thereof, he shall take the Chair. 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/her 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. 204 20.1 County Councillors shall be permitted to attend any convention or conference in accordance with the established convention policy, provided the said convention/conference is relevant to the business of the County, subject to a maximum allowance as established by by-law for convention attendance. 205 21.1 No person shall be allowed to address the Council during the sittings of the Council without the permission of the Warden or other Presiding Officer. 21.2 He/she, his/her means that where the masculine pronoun is used, it includes the feminine pronoun where the context so requires or vice -versa. 21.3 This By -Law shall apply to the Council's local boards and committees where applicable. 21.4 THAT this By -Law comes into force and take effect upon passing. 21.5 THAT By -Law Nos. 02-37, 03-33 and 07-36 and any previous by-law inconsistent with this by-law be and are hereby repealed. 206 -lb rn b Council mbShall all --- -- thec �_--cil ---�� - - - -�- - - - _ ---- ---= --= - - -- aimoi- )al council -- - --% = --- �% ' O[H% --% tv a ou-- ---ems - -- the dace of the Mavo-_ Der)tjtv Mavo, g tom- a l �ocle of Co -duct fps M - br- of Council. (- - ---- Whole --- - - t - --- �- rl- --- Such �-- - i --t hall b fes- th ��- term r f cou -���- 207 cludi g tom- a l �ocle of Co -duct fps M - br- of Council. 207 ' �jA f a Staff recommend repealing the current Procedural By-law and replacing it with a new Procedural By-law. THAT the presentation by the Chief Administrative Officer, titled Procedural By -Law Review, dated March 13, 2018 be received; and, THAT the Chief Administrative Officer be directed to amend the Procedural By -Law to include revisions as a result of changes made to the Municipal Act through Bill 68 - Modernizing Ontario's Municipal Legislation Act, previous Council direction, and updates recommended by staff for Council's consideration and approval at a future meeting. ON Items for Consideration ® (Attached) 1. Bernie VViehle, Chair, Board of Health, EAgin St. Thornias Public Heath with 2018 Elgin St. Thomas Public Healt�h Budget, 2. Sayllarn Beachtest Committee, Municipalityof Bayham requesfing donations for the support of this year's Baylham Beaclifest Occurring on the Civic long weekend in Port Burwell, Ontario 209 12310 Talbot Strout, , St. Thomas, ON NF' IG9 p: 5,19.,631.9900 � fl 519.633,046,8 Puaimr elginhealtli.on.ca FebrUary 20, 20,18 MS. Allie Gonyou, Chief Admilinistrative Officer Mr, Jim BUridschuh, Director, Financial Services County of Elgin 450 Sunset Udve St. Thomas, ON N51R 5V1 Dear Julie and Jim, On Iblehalf of the Board of Health, we are pleased to adpi you that the Board of Health of Elgin St.. Thorn as Pulakc 1-deafth approved the 2018 cost -shared budgets at its December 20, 2017 Board meeting w4h the following resolutiom That the, 130arrd of l- lealth approved the 2018 Mandatory Program, Budget and Related Services BUdgets iin the amounts of., $6,036,400 Mandatory Program Budget 17,467 Small Ddnking Water Systerns Budget 54,229 Vector -Borne Diseases SLIrv6flance/Educa:ti on BUdget* 9,.X04 Vector -Borne Diseases Larviciding Budget"k $6,117,600 Barb Total of'Year' over Year Budgets 0 One -Time Business Cases' $6,117,600 Final Total of Budgets, and Business Cases $8,60,560 County of Efgln's Total L,e,vy The levy is bored on the funding split of 75% provincial funding and 25% n1unicipal funding. The County of Elgin pays 56.3% of the 25% MUnicipal share,, Page 2 February 20, 2018 The total levy for the above noted budgets for the County of Elgin is $860,560. There were no cost shared one-firne business cases in the 2,101 B budget as all reqUested one-tirne business cases will be, 100% Ministry of Health and Long Term Care funded for this year. A further breakdown of the various cost -shared budgets is attached, In keeping With the previous payment schedule, please forward payment to Elgin St, Thomas Public Health in monthly installments. A copy of the Board approved financial audited stat ementsfor the period ending Decernber 31, 2017 will be forwarded to, the County oaf Elgin one that work is completed, likely April 201 , If you have any questions, please don"t hesitate ter WntaCt LIS. S[ncerely, Mr, Bernie Wlehle Cynthia St. John Chair, Board ol"Health Executive Director Elg4i St. Thomas Public Health Elgin St, Thomas Public Hea'Ah Ern cl., 2018 Mandatory, Program s and Related Services Budgets ,*Please note that the costs associated with the Related Services Budget- Vector Borne Diseasesare estimations at this time as the provincial direction for 2018 for these programs is inot known at this time. "These one-time business cases are one-time funding reqUeStS made to, the WNstry of Health and Long Term Care and, are cost -shared as oL,itlinecl in the Ministry guidelines provided to public health units, Elgin SL Thomas P'Llblic Health Mandatory Programs and related Services, Budgets Summary 2018 Cost.-Shiared Budgets, MANDATORY LEVY PROGRAIVISAND 2017 BUDGET 2018 BUDGET DIFFERENCE INCREASEI SERVICES (DECREASE) City of St.'Thomas 653,440 659,477 6,037 .92% ......... . ........... County of Elgin ....... 856,660 849,623 (6,037) . . ................. . . . . (.71)% Ontario 4, -5 2-7, � 3 0- -0 .......... . . ............................. ... .. . .... 4,627,306' . .......... .............................. ............................................ ................................ .. ....... T o, t a 1 6,036,400 . ..................................... . . . . . . . . ....... . . .......... . . . . . ..... . ..... . . .... . . . . . ........................ . . . . . . . . . . ........ ........... .......... . . . . . . - --------------------------- --------- - - . ............ .. .. .. .. . . .... .. . . .................... .. .. .. .. ..................... ...... .. ......... .. . .. .. .. ....................... . . ...................................... ..... . . .................. . .. .. . . . . LEVY SMALL DRINKfN05 2017 BUDGET 2018 BUDGET DIFFERENCE INCREASE WATER SYST EMS (DECREASE) C'Ity of St,"I"hornas 11,891 1,908 17 92% County of Elgi n 2,476 2,46 9 7 1 % Province of Ontario 13,100 . ....... . . . . ........... . ...... .... . ............ .......... . . . .... . ............ '13,100 . ...... — ------- . ......... -f iii -1-1 .... . . . . ........................................................... ...................................................... 17,467 . . . . . ... 17,467' . . . . ......................................... ..................................... . .. . .......... VECTOR BORN�E . . ..... . . .................. . ...... . ...... . ........................ . . . .... .............................. . . LEVY DISEASES (Edw,tion 2017 BLJDGFT 2018 B U00 ET DIFFr=RIENCI� INEASi5i and Surveillance) (DECREASE) Qty of St. Thomas — ---------- . . . . . . . . ... . ... .. .............................. . .............. 6,870 ' . . . .............. . ............................................... . .. . . . . . . . . . . .. . 6,580 .............................. . ...... ..... . ..... . .. 710 . .............. .. . . ............................. -'-- .......... 12,10% County lgi of En .. .............. . 8,478 Province of Ontario 0,,672 45,176 4,6013 11.07% Total . . . . . . . . . . .. .. .. . . . ............................................................................................................................................................... ............................................................................................................................................................. 64,229 . ... . . . ....... . . . . . .......... .... . . .. . .. . .. 004 212 VECTOR BORNE�� DISEASES FAQ Earl 0,17 UNLET 2018 BUDGET DIFFERENCE INCREASEI and rventi n) (DECR ASE �._.__... _...... pity of t.Ih rna . ..,mm 1,501 ,,..... , ...... 700 --- (1, N11) --- ��� J6118)% ... ...... ounty of Elgin -.-.-.-.- .............................................................................. Town; of Aylmer ...,.................. __. ,..... ...u...,, ........ (N_ irv'i idNrn artily) 4755 175 �300M (63.16)°/� Province of Ontario 7,126 x,626 (4,550 (63.18)% Tot N --- ,50� .................. ,600 _. _. _..._ (6,04) ----------------- .__... ._-------------- ....... . ONE,71ME BU 1h1PLEVY ... ..�...����.�.m��n.. CASES 2017 BUDGET 2016 BUDGET DIFFERENCE qN°+ REASE� Cost Shared (DECREASE), Clwty of t 'Thorne 1,109 X1,1 r (100)% ..... cou.. of 1, Nrr X7,641 m... m„m, w m _ .. . (27,641) -------- ----- (100 r/O . ,,�,,, --- Province of Ontario ..... ......... ....,,,.. 146 250 ............................................. ....... (146,250) . (100) r” ..... Total 165 C1t1 _m {165,Nt1 1f1a _.. TOTAL.COST- - SHARED 2.017 BUDGET 2018 BUDGET DIFFERENCE INCREASE! E! it^y of St. Thornas, 684,211 668,665 (15,546) (2.,27)% Car.rraty of Elgin 893,464 ...., $60,560 �._..... (37,8514) _ .. _ _ ... (3.68)% ....... y............................................................................... Tavwn of A .lmer ....... ........ ..... 475 ..- ___......__------------------- 175 (00)........_.. ..mm . .. In ravunae of Ontario 4,734,450 4,U8, 20,07 ('146,260) TtN. ,�....�...........------ - -----______ ---- 6 ,3-12,.600 _--- ____.____...._... _ 6,117,6010 .._,,,,,,. ,,,,,,,, ,, ___ ------------ (165,0 00) (3"09)% 213 MEMM Seg nniinq in 2018, thofunding all ocaflonsfrorn'theCity of St. Thornas a rid the COUntyof EllgIn Ml. be revised based on the most recent census data. Th O County of Elgin will be contributing 563 (2017-553%) and the City of St, Thorn as will be contributing 43.7% (2017-43.30/4) 214 0 UBLIC HEALTH Eliain St. Thioma,s Pubk Flealth Pe rcentag e (%) of entire 2018 b u d g et 65.68% 215 Mandatory Programs 2018 Cost -Shared Bridget'. SALARIES ACCOUNT NAME 2017 BUDGET 2018 BUDGET Difference Management 1.034 000 ............ _­­__ 1,048,500 ........... ...... 14,500 ........... Nursiq "I'l""I'll""I'llIll""I'll""I'll"-'ll""I'll.11,lI ............... 1.306,500 1,278,060 (28,440) .......... I ............................ �nspeclors ............................................................ . ... . .. 3,90.000 392,500 2,500 NutritionlHealth PromolHyg�enustlOther 246,00,0 . .......................................... ...... 262,000 16,000 Support . ........................................................................................................................ .......... . . . 349,600 360,100 10,6010 Surge capacity suppert . 29,225 ... 20,000 .. . ........... (9,225) TOTAL ................................ 3,,355,22 — — -------- _ .. 3,361,160 .......................................................... Pe rcentag e (%) of entire 2018 b u d g et 65.68% 215 Elgini St, 1-honiars Flublic Health Mandatory Prograrnis 2,01,8 Cost-,SViared Bud�get ACCOUNT INAME 2017 BUDGET 2018 BUDGET Diff ererlGe . . . ............ . . .................. V�Sion 26,000 27,600, 2,500 11,11,11,11,11", .... ..... .. .... ....................... Employer HealthTax 100,700 104,600 3,800 ............ . ............... Extended Health Care . . . . . . . 220,000 ---II.-- ...... 238,000 . ...... .................... . .. . ............. — 18,0,00 . . . . . . . ................ DentM Plari I 92,000 7'5,,500 (16:,500), CPP 175,500 181,500 6,000 OME RS . .. ............................... 508,5010 . ...... 543,000 34,500 .. . . ............................................ .. ---- ...................................................................................................................................... ...................... LTD - - - ---- 78,0010 I ---- 71,000 (7,000) . . . .......................... . .. . .. . . ...... - ... .... .. ... ....... ........ ...................... . ................ VV'SlB .. .. . ......... .. ............................................. ------ — ------- -------------- - . . . . . ................................................. El .......... 75,6010 . . ....... - . . ....................... 79,000 .................... 3,500, III------.- . . . . . . . . . . . . . . . . . . ........................ ..................... . ...... . . .... Life Insurance18, . . . . . . . . . . - . . ......... 1100 22,600 �4,400, .......... . . . . . . . . . . . . . . . . . .......................................... . ................................................................... .......... . . . . - — ------------- Baby Benefit 20,000 17,100 (2,900) .......................................................................................................................... Employee Assistance Program 4,500 4,500 Meal Allowance 2,000 2,000 -- Part-"I'irne Benefits 18,000, 151,000 (3.0()0) Charged to Other Programs (426,000) . . . .............................................................. (460,000) (34,1000) - -------- - TOTAL 91,65800 974,100 8,300 Percentage (%) of entire 2018 budget 16.14% d 216 Egin St', Thornas PUbhc Health Mandatory Programs 20018 Cost -Shared Budget PREMISES ACC'O U NT N AME 2017 BUDGET 2018 BUDGET Difference Mart gage/Rent . .............................. . . ............ . ....... 471,000 471,000 Housekeeping Supplies . . . ................. . . . . . . . . . . . . . . . . . .......................... ....................... 10,0001 '10,000 PrOperty Taxes — ----- . ........................ . . . ............. . . . . . . . . . . .............. ......................... ... ............. .... . . ....... ... . ............ Grounds Maintenance 15,700 18,260 2,560 . . . . ........ Service, Rap ars & Maintenana I 117,200 136,630 19,430, .. . . . .................................................... . .... . . . .. ... . .. GarbagelWaste ReMDVal 6,000 6,000 . ...... . ................................ . ................................. . . . . . ............................................................... ................... . . ......... . HydrofWater .. ....... .. ....... ........... .... . . . ................... 96,000 .......................... 960 0 . . . . . . .................................... ............. . . . . . . . . . ..... ...................... ... . ............... . ............. -------------- ... . . Union Gas .- Heat 2 2,500 2,500 IT Insurance for Prernises 10,6100 10,600 . ............. Clea I'd llg/SeC U r 1 ty .... . .. 70 70, 1000()00 71,000 1,000 . . . . .............. TOTAL 98 798,9,90000 ' 8,21,990 23,090 PerGentage (%) of entire 2018 budgert 13.62% 217 Elgin St, Thom�as Public Health Mandatory Prograrns 2,0118, Cost -Shared Budget Mamfllg� o�* I ACCOLINT NAME 20117BUDGET 2018 BUDGET Difference . ......... ............ .......... ..... . . ... Prenatal Foes, (50,0) . . . . . ... .................... 500 . .......... . . ..................... . Prenatal MaterWs and Suppfles . ... ...... 500 r . . . . . ....... (6m) . . . ........ ...... . .......... . . ........... NRT Revenue ......... ......... (400) ..................... .................. . . . ........................ . . .. 40�O . . . . . . . . . . . . . .................. ....... ............... . . . . . .. . NRT' Materials and SjpplYes ................. ... . ................ 10,400 15,000 4,600 — — - - -------- Mat Hall and Supplies . . . . .............. . . ............... ........ 56,400 56,225, (l75) TravellMeefing Expenses 11-1--.1 . . . . .............. I . . ............ . ............................................................... . 32,000 .................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........... I I ", ------- 25,000 (7,000) Adverfis4ig (FuWic Awarenes,-VPrornofion� ........ . . . . . . . . . . ......... . . ........ 9"300 . .......................................................... ............... . ................ . 9,950 . .................. 650 - --------- - MlembershipslSubscdpflons 5:,000 5,000 ProfessionaN Development .. "I'll .............. 10,000 . ................. ............................. . . . . . ..... . .................... . . . 11,000 1,0010 .................... . . ............. . . ................... . Youth Leader Recognition/ I raining 7 1,500, 760, . ......... ................ . .... . ...... .. . .. . .. . ... .......................................... TOTAL 123,450 . . . .................................. 1230676 225 Percentage (%) of entire 20118 bttdget Z05% 218 Elgin St, 'R,�ornas Public Hea 10,1 Mandatory Prograirlis 20,18 Cost-Sliared Budget, HEALTH PROTECTION ACCOUNT NAME 2017 BUDGET' 2018 BUDGET Difference Food Safe COUrse, Fees, (3,500) . ......... Food safe Course Expenditures ..... . . . . ..................... 7'00 n (700) Migrant I lousing Inspection Fees . .... . . . . . . . . . ............................................... ... (4,200) .......... . ............... . (4,000) 200 Fixed Premise Property Searches ... . . .... .................. . . .......... "I ---ll . ........ ..... (125) (12 5) . ............. School VPD Program 'Revenue . . . . . ............. . . ...... ............ . . ................. ......... (13,175) ......... ... (17,500) (4,325), . . Influenza Program Revenue . . . ......... . . .............. . . ....... . ................ . ....................... .......................... ............... "I'l""I'll""I'llIll""I'll"'I ............... (1,DO,O) ------ - - --- TB SkIn Testing Revenue (19,60()) (7,200) 12,300 ................... ........... . ......................... ............ ............... "I'l""I'll,�'ll""I'll""I'll",'ll""I ............ . .. TB SkIn. Testing Expen e . . . . . . . . . . . .. . . .. . . . . ... . . . . ... . .... . . . ............................................................................................ 1D 2 a 2,600 (12,725) . . . . Private Pay Vacc,ne Revenue .. . .. .. ... . ................................ .. .................................................... (2,500) (10,00o) . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. .. (7,500), . . . . . . . ..... . ..... . .............. . .... . ....................................................................... . .................. Private Pay Vaccine Expenditures -11-11-1 - — - ----- — ---- . . . ......................... ................................ ..... . 1,475 9,00D . ........ ........ 7,525, . ...... . ..................................................................................................... SexuN Injealth Revenue ............... (25,000) (25,000) - I --r-r-r-r - ---- -------------- - fins al Services, 8,000 7,000 ('1,000) . .... . . ............... . . . ........... . ....... ....... . – ------- Sales of Cral Contraceptives . . . ............................... . . . . . . . . . . . . . ................... . ..... . . . . . . . .................... — (1Q500) .............. (5,000) 11,500, . Oral Contraceptives .1-1 . . . . . . . . . . . . . . . . .................... . . ..... . . . . . . . . . . . . 18,000 5,500 ("12,„ 'D'Q) — - — ---------- Materal s & SLIPPlieS .............. . . . . . . . . . ......................... . . . . 61,026 65,3.75 4,350, TraveYMeetinq Expenses 38,000 38,000 . . .......... Advertising (P'L,iblic,Awaieness/Prem otion) . . . . . . . . . ..................... 1,0 ,00 ............................................................ . . . .......................... 3,500 2,500, M e ni bers 11 i PSIS U bs cei pti ons/ Li b ra ry 1,000 1'000 219 Pe rce nt (% of e ntl re 2018 b u dg et w12% 220 81gin, St Thornas, Public Health Mandatory ['�Irogranns ,2018 Cost -Shared BUdget me] :.Z REM, � ACCOUINIT NAME 20117 BUDGET 2018 BUDGET Difference ---------- . .................. --1.1-1. ............ Other Revenues, ----------- (10,5,00) (10"500) . . . . . . .................. . . ...... . . . . ...... . . . ...... . . ........................ . . . ................... Office Supplies ... ....... . 1500 8,000 (7,000) . . . . . . . . . ... . . ................. . .... . .............. Printing ......... .... . . - ............................................ . . 1,5,000 . . ............................. ................. MOW .. . .. . ............ ---------- . ............ . . ............ .................................... I'elephane ..................................................... . ...... . . . . ........................................................ 41,000 1 . . . . . . . . . . . . . . . . . . . ..... . . . . . ---- ''I'll, 42,000 ............. 1,000, . ..................................... . . . ...................... .............................. . ........ — - Postage — -------------------- - -- - - - 5,000 - -------------- ............... ,00,0 . . ........................................ ...... -------------- - --- - Courier . . . . . 1,000 . . . . . . . . . . . . . . . . . . . . . . . 11,D0 . ....................................................................... ------- ................................. Office Equipment Maintenance 4,000 2,000 (2,000) Office Equipment Rental 12,000 12,000 . . . . .. .................. ... ... ... . . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................................................... . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . ...... Advertising - Staff ReCrUitment . ............. . .. . ......... . ............... ... . ...... 13, 000 ............................... .. . .......... 3,000 -- .................. .......... .. . .. ............. . ........ . . . . ......... . Meeting Expense ------ " " - . ..... .......................................................... 6,000 6,300, ..... 300, . . A�dvertising/Prc)¢'no�t�iorii;Con'il'nLinicatictis . .......... ..... . ............................................................................................ . ........... . 70,00,0 . . .... .. . ................... 70,000, .... .. ............................ ....... .. ...... .. ..... . -- . ..... . . . . . . . . . . . . . . . . . . .... . . ............................................. Engagement Strategies ..................... . . . . ...... ............................................................................ 30,000 .......................................... ............ 3�0,000 1 ---------- -------- — -- - ---- ------- Recruitment Expenses .. 3,500 . . . . 3,500 ..................... . . . . . . . . ........... . . . . ............ . . ....................... Legal 70,000 70,000 Audit 14,500 19,225 4,725 . .... . .............................. Service Fees ............. . 10,000 . . . ............ 10,300 . ..... ......................... - 300 Insurance ExClUding Premises '30,000 30,000 . . . .. .......... . . . . ............. . . . .... . .... ..... Staff Training, WeIllness and Recognition 16,000 141,000 (,2,000,) . Labour Relations�Rerruftrnent ...................................... . . . ........................... . 25,000 .......... . . ........ . ...... ............ ...................................... ............. . .............. ..................................... . ...... . ....... 35',COO 11,11.1- ....................... . .............................................................. L ............................. ............ . ...... 10,1000 . .................................. . . 111.1.1111.111,11-1 .............. 221 ... ......... CORPORATE COSTS ACCOUNT NAME 2017 BUDGET 2018 BOOGET Difference IT SUPPOa and Suftwar 2 p,00�O 2OD, w. Fumiture and EquipnTnent 20,000 10,000, (10,()00) oarilpunt r[T ctitioqo,gyiEqtjipniient 76,000, 6D,00,0 (1 ,00,0) TOTAL 670,000 638,825 (31,175) .................... Percentage (%) of satire 2018 budget 10.68%, 222 Elgin St. Thomas PUbHC I,,, eaR Mandatory Ger ' irarns X018 Cost -Shared Budget ADMINISTRATION COST ACCOUNTNAME 2017 BUDGET 2018 BUDGET Difference Tr v V x , 000 4,0 0 0 1, 0,00) MembQrshipsiSubscriptions 14,000 12,000 (2,000) Occupational Health, and Safely � 6,500 6,500 - ------ -------- - ._ Professional D v opme ;i' 13.,000 13„000 TOTAL 38,600 35,600 (3�000) Percentage (%) of entire 2018 budget 223 Elgin St. Thomas IP lic FNl l!°t Mandatory Prograims 2018 Cost -Shared Budge BOARD OF HEALTH COSH'S ........ ACCOUNT ANE 2017 BUDGET 2018 BUDGET Difference Travel 1,500 1,000 (00) Meeting n 1,600 1,000 (600) miscellaneous 500 500 Honoraria 10,000 8,000 (2,000) of rences'Ganvenflon 3,000 3,000 TOTAL 16,600 131500 (,0]0 )) Percentage ('/a) of entre 2018 budget .22%, 224 Elgin St,'Thornas Public Health Mandatory Prograrns, 2018 Cost-Shaired Budget 2017 IBUDGET 2018 BUDGET Difference ------ . ............................. . .... ........ . . . ..... TOTAL MANDATORY 6,036,400 6,,036,400 ..... . .... Tercentage (%) variance to 2017 budget approval 0100% IN 225 �MMINIVIRM''MHUMM kTA Included: Small Drinking Water Systems Vector Borne Diseases (education and surveillance and control and prevention) 12 226 IElgin St. Thomas Pubfic Health Smiall Drinking Mato Systems 2018 Coit-Shared Budget ..._m.._ ................ . . . . . ....... . ....................... . ..... . ....... . . ........ . ............ ........ . . ........................... ............. .... -- ..... ... . ....... . 2017 BUDGET 20,18 BUDGET Differenc.e .................................. . ..... Tari es ard IBeriefits, 17,467 17,4,67 . ..................................................................... TOTAL 17,467 46-7, .. .... .. . . . . . ........ ........................... . ...................... . . w 227 Elgin St.1 homas Public Health Vector Borne Diseases, 2018, Cost -Shared Budge VECTOR BORNE DISEASES (Education and SUrveillance), ACCOUNT l`wAME 2017 BUDGET 2018 BUDGET Difference Salaries and lB n fits 48,7 54,795 6,000 dult.Id nlifi+caficn and Viral Testing 2 �54 2,858 4 Trap Costing 1,500 1,5010 _ Advertusung 1,000 1,0010 - Tel comnlUnic ti ns 380 380 Total 54,229 60,288 6,OD4 VECTORVEC7OR BORNE DISEASES i (Control and Prevention) ACCOUNTINAME 21117 BUDGET 2,018 BUDGET Difference Mosclufto Control anid N r v !ntion, 0 3,500 (6, ) ------------- ------ --------------- . .......... . . .. ............. 'Ell""I'll""I'll.."�,�Ill""I'll""Ill.,-----�-11I T all 9,604 ,500 (6,004) MOHLTE St,. Thomas Aylmer County of Total Elgin ...... ......... . Ecluiintrorr rn Surveillance 45,175 6,023 - 91,035 60,23 Control and Prevention 2,825 '700 175 - 3,510 Totals 1 47,800 1 6,723 I1 175 1 :,035 1 163,733 228 Good Day, We are. wiriti rig to you today requesting donations fort he support of this year's Bayham 11eaclifest, an event that is held annually on the Civic long weekend in beautiful Port Burwell, Ontario. This year we acre planning to make the weekend bigger and better as We continue to fQCU5 on providing activities at little or no cost to Our patron& To mzke, this event possible we relly, heavilly-on the generous donations froryi people and busilne5ses, within ourcommunities, For 21]111,we are planning to bring back a few activities, from past events that have gone over quite well, such as: Live Music, Bouncy Castles, Beach Vdleyball, Fire busker and of course the main event on Sunday night, the Amazing Fireworks Display, If you can provide a donation, by, cash or cheque it can be sent to. Bayham Seadifest PO BOX 299 Port Burwell, Ontario N0J-1T0 We also offer a unique opportunity to sponsor a specific event or activity such as the kids zone, live M USIC, andjor entertainers. Ilf you choose to support a specific activity, we will provide a large banner at the location of mach event: in recognition of this, support If this interests you, please, reach out to us for more information. New for, this year, in recognRion of youir donation, we are offering the following to each of our sponsors: 0 Your company name or logo will be posted on site during the event, as well as on our website and Facebook page for the year. • You will also receive repetitive public announcennents throughout the weekend by our Grand Marshall. For donations greater than $500, we will be offering VIP seating in the beverage garden and during thefireworks, display, access to our complimentary IHotdog Rnrand coupons for free merchandise for each of your employees. Some limits may apply, Lastly, if you would like to join our committee or lend a hand to, assist with planni,ng and/or supporting this event, please reach out to us, We wuwouldl be happy to have you, Yours Sincerely, R,o ag, arm bbeachifestftmail,com U K1601am-201 CAMMia 11111111111 1,. Richard Hein, Parsons Project Manager, Parsons with Notice of Design BuiildProject Commencement, Contract 2017-30,09, Reconstruction of Highway 401 from 4.1kin west of Elgin Road 20 (Union Road) to, 3.7k Net of Highway 4 (Colonel Talbot Road). 2. Karen Vecchio, MP, Elgin -Middlesex -London notifyingva,rious ministries of the Port Bruce Bridge Collapse, & Oliver der schow, Director, Munlicipa.1 Finance Policy Branch, Ministry of Municipal Affairs with a report of the County of Elgin's 2018 Annual Repayment Limit, 230 PARSONS Februiary 15, 2018 Mr., fl�clur DtAchak, Acting Diirackii Efglneerhig Seivkx-,� Elgin County pd JV11° �',*k Pelginx,,s 1069 WcHhnolon Road !�ooutl'b. 'Adto 214 1 r.Pvdm, , ON N(k 21,16 Vlred;,v 1. 51RE81,8771 I Subject: Notice of Design Build Project Com, mencement, Gontract 01 ,O Reconstruction of, Highway 401 front 4.1 kiv west of El to Road 20 (UnlDn Road) to 17 km west of Higbway 4 (Colonel Talbot Road), Mlinitstryof Transportation -'Woest Raglan Detailed Design, Class Environmental Asmsment end Construction U,eur Mr, Dutchok, Amon cort5truicdorl and MaTeriaks Urnited (Aemn) and Parsons In(.,,. have been retained bythe Mirdstry Df T'rorv�porWion Utrtario, (NITC) '%.is the Desr,rn BLH Id teami Lo fina !I ize the detailed design a nd 'x> complete conNucha,, f or the reconstruction of Highway 40:1. frcin .1-4 knr i west of L)nlon Poad wistedy to 3,"? km west o( Cullbnel 1 aftt Poa,l, located III Tcmiship ol'Sourthwald (Elgin County., and in r0lidd mrwx Cemire (Mid'dleq(,,,X COUIIAYr (Figure 1). "ri w, 000r, ing 01"(] 0c:!Jgo filar rft(jlrrd;tftj cl ion Lar missrection of Hil,,fbway 401. was initiated as pat"t of a larrer High wray dr(),], copri'dor study, which spans the MiurlicirmINties of chatharriKent, Ugin Courfty, Middlesex County, and the City of t�mdori,, ay 401 was identified as (.'Dl'ltf,.Gt 5A, For Pric)rP inforination on 119e. broad et study, p1c .lase, visit the proJect ske rws project Is subj,�"xt tothe Ontario Act or'W Is bOng carried or0: iia acoordonce voWi thQ requi roraonts of the Iry jnKtry cfJ'r;anqport;Ifion%5 Oass EmArorimertal k,essmerlt (EA) for Proviricial Transpartaflor, 0 au]iUes(2000) ducurm, 'rJ "I,S a Group C proje(A. i -he mrpose of miss Natter is to notify you that the detailed clan gni for the above, noted prq�ect (Gontract ;155Aj ha,s been initiddtall and to provide hiforrriation iogardi rig thu� prpjeut wid tiara stajg ri� stratogy pro imod (I urhIg corytrucdonA ptoJeot websilte, has aii.,,w been created, ['or further Inforrm-i-don and updates during omistruction, pleam,, visit rhis project involves!! o 10 WTI of fW111 depth pavement (.,) Rrdra[,AIRajborr of the Mill Rcad mid Union Road Undetpwjses; o Rehaloflitation of thcl Docid Cret,,k B6dges 'I­fighvvay40J,I3ridges cagier Dodd Orcck�, Genpral Arainage Onproven"wints, including several culvert roplacernents and rehabilitations; and Roadside safmy Improvements; and fightbiglalm fade. below 15 a tmief Overview of the cormtrilahorl sato ins sva((,gy, including Fflgtmay 4,01, larw restricflons and road clmurcm High -we 1Q1 13mmatra(Aim, Reiminstruction of thics, section of Fligm,way 401, wdl he completed over two years. PaWflllellt re,GO11StrUGtiU1 work vollil be undertaken on Ow Highway 401 westbound lanes (VIVIL) in' ear t, (2018) and th(111 I fighynoy 401 eastlIxund lanes �EBL) In Year 2 M,19�, R(Jugu wva:5 foo, disawt'xi Vehicles will lb,e providod at 2 kin Inter" lis kiloig [,11,ghway 40'... Structure repairs, wilt be completed atthe Will Road Underpass in Year 1. (2018d wtth repairs beet completed cwer as perlod ,,,fr tIpprcx1malely three manths, DuOng this time.;, Mill Ruad at thea [fighway 4.01 fmx,u,Ang (IMPI Road Uridorpo�3u) will be closed, Duringthese repairs, Highway 401wM be closed for one nIV ght to reraoye the exIsting, I)Mge deck and grrders and a second ivgtil to 11mirall new h,!(°d er irders. Durong thislin'le:, Highway 401 traffic will be directed (:)nto a local roads detour route�. Parsans, PH.JS envision rneF4eP 231 111v )away 401,, fWorWr'wAori, Contract 54 Fohniary 2018 Fligum, 1. Key Plan Structure resp aiss WHI be Completed at ffie Jrric)ri Road Underpass In Season 2 il2 D19). The vvork'MH be done in two C.,Aages, fjtjrtng each Stage, Highway 401. wiH be closed for crie, nigi-Ij 10 rej-fltAV(,' Ire eKjStii],jg bjrj(jF -I IF j (j Kj a '� j rjj�[Lfl. to ifl,F�Lajl[ new bridge guclers. During this Uniel, Highway 401, traffic 011 be diverted onto a local roods detmir rolite.. Duhng the re-ri'minder of the repairs, Union Road will hc' ripnvAri kikit rerhiced to ,,i single lane of controllied by le-inporary traffic sigrlak;, AGOO'S.E, for, earn erge.rrcyvovu I m provid cars will I be mahitained olt the L) !I I IWI Road tnterchange in cull ditectlons,, teabetterdissenim ate iiiform a tion, a prqect wet�sfte hays been deve0pod to,ewimuoicate I rif or riation relgOrCIO g the PI'CJOM process, project Irparn contact n�f1r)rInatiol to provide 2CMISM10011 Updates, please visit tl'ie wnbste, at racl5kon Your truly, R ic ha rd I Ie jn, P. En g. Project Mamger 289,294-0404 Matt M FAyer, R Eo g Aeron Projed Manager mmayarl'aftcomm"on 416-452-9607 kn(ormadon Mh be cc(fecio.-) in accordence M414 the rrmlam of JIFIfoalwiftnand protooron of WO tho vxroopVon of 232 Fe b rua T V 26, Z018 The HonDura,ble Scott Edson PresIdent of Tres s,ury of the Board Room 306 Justice Bldg. House of Commons - Ottawa, ON KIA OAG The Honourable Marc Garneau Minister of, Transport Room 458 COrifederation Bldg. Houe of Commons Ottawa, ON KIA OA6 The Honourable Amarjeet S,ohi Minster of lnfraStrUCtUr0 and Communities Room 707 Confelderation'DIdg, House of Commons Ottawa, ON IIA A6 Dear Ministers, clfmpm� OEM comm UAR § CANAM The Honourable Dominic LeBlanc Minister w f F Is heries and % arms Roorn 420-Nl, CD, House of Commons Ottawa, ON KIA DA6 The Honourable Catherine If cKen'na M In ktef of Environ m enit a n d Climate C lie n ge Room 493-C, C8 House of Commons Ottawa, O,K1, KIAGAS The Honowrable Bawdish Chagger Minister of small Business and Tourism Room 107 Confederation Bldg. House of Comm orts KIAOA6 on Wday, February 23, 20180 a bride Ira the Township of WaWdo, in the County oaf Elgln, collapsed while a tru,clz was crassing over It, FortunatplV,the drIver was, not Injured, In the occidient. I am bringing this Issue to your attention as I fear a vast rumber of County of Ellglni throughftt the course Uf the renicvaI and, reconstructioli of this bridge along Highway #73:, My key caii,cerns to clude the upcorning spawning season In Cotrmh C'reek, Species at KIM< as well as financlWassIstance for the CountV with this Unexpected expense. I have attached pjCtUrre,.i 'by some of the residents and local media clips to assist you with the cornprehensfon of this tal�ejsome significont lmpzct to the Village 0 Port BrLice Including sal'oty and seWrlty measures as well as ecanorik Impact to the area. Tharp you for your attention to this s Mattr,,, Sincerely, Krare" V"chlo Member of Parliament Elgin-Mididlesex-London Attachments cc� Ili, eff Yurek CC*Ae Township of Malablde k4ae-', The 'County ofElgin 233 IF77Z4 io "N 111� West -view of Catfish Creek and the bridge connectIng Rorl Bruce via Highway 73 Map Image I. Crossing Catfish Crook Map Image,2- Map of Malahide Township 234 rive, r-r(,ss.q2.-port-bruse-bi-idgL-LcoI. ap EpZ L httU;Lwww.lfpre,ss,o;om 20IM2/25/eriRinec-,ritig.-fiirr-ri-rilrobes-bridF,,e-collap n arL�- b _vu c g PORT OR ' UCE-17he CaLIS901 a collapsed brid go iriffils om Lake Erie omunRy'lhat drew zt ste�idy slm..'Im Of P'LlrioUS onlookars over the weelmd could be known as early as this week., An ariginoadng lirmsurveyedthe lrmfmrlal Road b4dge on Saturday and AN stAbmit �a report to Mil .tilde courofi som0methis week, K1a1ahIda'TmvnsNp Mayar Dave Mennill saAd Sunday. The -!to of the coltupsiod up -un ovor Cut NiA Crock has rurnuimd Untouchold dncu R 9mo sootwh Ilea, domp truck With a full load of gravel was driving across, It Filday. ht: tps:alg ndon ,ctvn ews.callurid' e-in-por-t�-brLice-callaps,e,s -1,3816468 Mother Nature has hit the village of Port Bruce quite hard this �,veek. I Oil Friday, the Imparjol Road b(idge, collapsed, The driver of the truck was, not hull after being resauec] by MerMbelIrs of the Malahide TownsHp Firo Departmont� Port Druce bridge collapse on Feb, 23, 2018, CaurtesyBrad Semotkili UpkiresVeffing (Twitter) 'Witnesses say, the bridge broke in the middte of the span and created 5 loot waves after crashing into the swolien creek helm, Flood watem shut down several structs of Port Bruce on Tuesday. 235 > mini.5try of Ministbre des Ontario MU11i0pal Affalrs Affaires munic[paks Mvriklpal Roance P(flk;Y I-Aractior (les pcHtkpws Elm noh reialilvEm mix finamos miunicipMos nr i3ay sfrom. i 3w', ri mr 7 ?'1, rub Bay, 13" 640$16 "ruromW ON MK,20 TmorAn ON! M5G T! TOL: 4,1 U Wb- 0111 TR : 416 585 6111 P'nx 08 585-5315 T616c. � 4,16 685-G315 February 27", 20'1' Dear, ML,JjrliCjpaj 'fre;aSUrer' Clerliff'reastirer- I am pleased to cWo,se a it ort showing yotir municipality's 2018 AnnL1EI Repayrnent, Urnit (ARL) respecting inn-ternsdebt a,n(.,], financial' obligations, Your 2018 ARL was calICL.I[ated hased on 25 percent of your riet own source reve[IUOS as reported in your 2016 Fnand al Information RetUrn, If you rquire any further inform aficnr pleacontact tl,'ie appropriate Mwni6pal Service Office of the M 1 niJ try, of M u n i ci pa I Affa i rs (I ist le n cl os ed). our truly, 011iver Jerschow Director Erilosures 236 ntario Wr?Wryvf ftjnid(�ui Arfaro's 777 8ay Street, Tcvranto, On(drio M56 2F5 MfrohttOrp d(,,s affokes, 177 rap Pay, rarrxlw (010taliP) M56 A`.i MMAH CODE, 44000 FIR CLEAN FLAG� Updated Under Reyiew MUNII). 34000 MUNICIPALITY: Elgin Co, UPPER TIER. REPAYMENT LIMM $ 10,036,120 The rePaVITIent Limit has been cru cul.ated baSE'd Gn data contatried 11i the 2016 r1nanclal 11ormation keturn, as subnutted to ttK- lafnistry. "This hififlirepresents the rvwxfimnr anx)uji, which 11he municipality ivxj ava,Rable as of Dk,(,ei,fiber 31, 2016 tea curnrnft to pdyrflunts w1ating to debt and financi[al obUgation, Morto flaud iorizatior., by Council, of a I ong, loun de bt or f Inarl cial, ol) ligaiurN, this Limit, "~lust be adj ur", ted by, the Tpr,asurr-r in Vie prescrIbed r,iasincr, The drnft i% Ofertivc, Jami'ary 0't�, 7018 Tbe additional, Long-term borrowing which a da unicipa(ity could ondertake over a 5 -year, a 10 -year, a,1 a -year and a 20year period is sh,omi. It thft ITILIDiCipalfflM CUL&I harm at 15% ar 7Z, -ainflually,'the inflUal ivpaymciit limits shown abnve wouid 111ow it to undertake additional Long-term, barrowing, as Wows: (a 1) 20years 0 5% lava. $ 125,072,232, (a) 15 years @ 5% p, a a $ 104, 171,488, (a) 10 years @ 5% p, a, $ 77,496,254, (a) 5 years 5% P.a, $ 43,451,145 111111 (a) 20 years 7% p, a, 10'6,322,793 (a) 15 years 7% p.a. $ 91,408,113 (a) 10 yea i's (A 7% p. a $ 70,489,504 jai 5 years @ 7% P.a»41,150,07'1 $ 237 Debt Charges for the Current Year 00110 Principal (51LC; 14 3009 O'1yt . . , , , , . � « I . 1 11 . , . . , . « I . . . , , . ® , � . , . . , .. � , , , , .. . : U 02M 1nt'erenJSLC74 1D9902), . . . . . . . . . v . . . . . . . I?(I, 742 4299 Subtotal 170,742 0610 h yarwrits for I or"'ferrn Clcarn ltniranas ,arid Llalbiiid s ffoariond from the conwWatavd statement of operatlrans (51,( 42 (4,111 01;4... "1910 Total Debt Charges � 4i u141 Amounts Recovered from Unconsolidated Entities 10110 Elt?OP° My - FTIIIra?nl (SLC M 3030 01)� . . . ... . . . . . . . , , 0 1020 Eledddty - Interest. (SLC 74 303U C11 0 11030 Gas - P6ndipaaI ISI f' 74 M40 01'p . . . . , - 0 W40 GOA Interest (."a N"4-:111411 02) „ , . . . „ . , ,. . 0 toss "1"rls^phone - Prinralgu.at (SLC 74 3050 011) , I . , . . 0 HMO relelohone� Ilnterot; ($1,,'74305002) . . .. . . . . . .. . .. . . . . . . . . O 10 9 Subtotal �..... � ..,. �.� 1410 f101at Olar es for Tfle Assistance (5i.C. 74 305 01 a. 51 C 74 3015 02) . . . . . . U 1,411 Iar W, -,W Grant foriding kor rapaaayraacnt of Wil'o term ewht. (SLC 74 3,120 01 + SLC 74 3120 (u2),m 1I410 Lim,') Pro ('0411non( mpayrnoi"its rel I rip torn"rinbt ("LC74 11110 01 +SLC 74 .11 . . . . ., � 1420 'rotal Debt Charges. to be Exc'lud'ed 1�920 Net Debt Charges 1 "10, TIXn'W Idevonuel (SaW of Hydrea lltulxtles 1ferraaaved,) (SLG lea 90115(11)a FQnr'lnyF 07.,� Ex ttlded Revenue Amounts 204"tuwts fr+r °A feat r it sl1517ruM° Itnci Assistance (R.0 112 1 050 04� ,. : ,.. . . q : . a ., x o o . . . , . �.. . ,. Ct.� 22,10 OuWrlo Graaats, t r'1 inllblale (W1ta Asset's (SLC 10 06" 01 Sq 1, 10 0810 01 - SX10 01115 0'1(„ , 2720 tasgvs+hu, rir,"an1tj, In6aA(Iin q Graanks roar T'wigiRra^ CaaP'itgwd A.r�3, 05 (51-c 10 00 2,0 01 + 51,C 10 U25 01) 1,676,437 7225 0efaanreti Irt,welaaae nrarnecl (Provinr.lal 60s "laxp ('SCc 10 ON O1) 0 ' 2220 f]elermd reverntre earned NEnrrada Ga, Tox) ISLC:10,331 01,1, . . . . . . ». . . 721i0 Oeyrnue frvn c thr-r muni 11)a1111es InelaudirPf, rryenjuae fear T -an glhle rapital Assets ( SLG '10,109901 P 51-C To 1OW 01 } 2210 CSainikns on sale, of tend tf cap h al assets (SLC 1811'1 01N a . . . . A, _ . . . . . . . . . 0 :1250 Defo�rred revenu a earned(Dewetaalrensent Glaasr0es'( $SLC 10181"l' 'O11 ......i.... ., mntiamn o.� gr 2751 (eferred rcveno eaaa"reed (Ro;reatlori t„tanrl 111w Planning Act1Y (5K 10 11113 01) 0 M2 DrAwnted Tanglfnle Crr,galtrl Assets 151,0 5;1 06,50011 . .. „ „ .... . 2253 0rtahier Deferred revenue eorped (SLC 10'1$14 01, .. . . . . 2254 lncrem f Decrease In Gover`ran ent Businvsa Enterprise equity (SLC 10 190 01) Mg Subtotal 2R 789y.2,61... 2410 f'evn uavd I'#.evvtrue fca' Julit Lural Oraards fur H(mi es fur Lhe Aged , .. . . , . . , . . E —.. ...o,�..�.� 2610 Net Revenues �ILHIf��y4�l�,,,� 2620 75^xof N1e,t Ulevenues p�,, G� 10,A5�,042 09311 ESTI MATED A NINUAL REPAYMENT LIMIT 10 03b,1�0 (25 of float Revenues1�ss Met 0ebt Charges)_, y �I G xfenrnte5 5�:1a�rtratre,� t.har� i'ntnmin. 238 CLOSED MEETING AGENDA March 13, 2018 Staff Reports: 1) Chief Administrative Officer -Municipal Act Section 239.2 (c) a proposed or pending acquisition or disposition of land by the municipality or local board — Central Elgin Fire 2) Chief Administrative Officer -Municipal Act Section 239.2 (b) personal matters about an identifiable individual, including municipal or local board employees — Organizational Restructure (VERBAL) 239