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15 - August 14, 2018 County Council Agenda Pkg.1/000F�. I E (y lgin( �Co ORDERS OF THE DAY FOR TUESDAY, AUGUST 14,2018- 9:00 A.M. ORDER 1 st Meeting Called to Order 2nd Adoption of Minutes — July 24, 2018 3rd Disclosure of Pecuniary Interest and the General Nature Thereof 4th Presenting Petitions, Presentations and Delegations 5th Motion to Move Into "Committee Of The Whole Council" 6th Reports of Council, Outside Boards and Staff 7th Council Correspondence 1) Items for Consideration (none) 2) Items for Information (Consent Agenda) 8th OTHER BUSINESS 1) Statements/Inquiries by Members 2) Notice of Motion 3) Matters of Urgency 9th Closed Meeting Items - (see separate agenda) 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 NOTICE: Lunch Will Not Be Provided Casual Dress Permitted August 19-22, 2018 AMO Annual Conference — Ottawa August 28, 2018 County Council Meeting (tentative) September 11, 2018 County Council Meeting November 23, 2018 Warden's Dinner — Masonic Centre of Elgin Accessible formats available upon request. 1 DRAFT COUNTY COUNCIL MINUTES Tuesday, July 24, 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. An additional verbal Addendum Item was added to the IN -CAMERA Agenda under Municipal Act Section 239.2; (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board — Contract Negotiations. ADOPTION OF MINUTES Moved by Councillor Jenkins Seconded by Councillor Mennill THAT the minutes of the meeting held on June 26, 2018 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — Councillor Jones declared a conflict of interest with regard to an item on the IN -CAMERA Agenda relating to property matters. At the appropriate time, Councillor Jones vacated the Council Chambers and refrained from discussing the item. Warden Marr and Councillor Martyn declared a conflict of interest with regard to an item on the IN -CAMERA Agenda relating to Central Elgin Fire. At the appropriate time, Warden Marr and Councillor Martyn vacated the Council Chambers and refrained from discussing the item. DELEGATIONS Medium -Sized Hospitals — Funding Advocacy Robert Biron, President and CEO, St. Thomas Elgin General Hospital with a presentation re: Medium -Sized Hospitals Funding Advocacy. The presentation included an explanation as to how provincial funding models create inequities and cost pressures for medium-sized hospitals. Moved by Councillor Mennill Seconded by Councillor Jenkins THAT the County of Elgin join advocacy efforts with other medium-sized hospitals' municipalities at the 2018 AMO Conference; and, THAT the Warden write a letter of support to the Ministry of Health and to MPP Jeff Yurek advocating for equitable and fair medium-sized hospital funding; and, THAT the County of Elgin join STEGH in its advocacy efforts for fair funding for medium-sized hospitals. - Carried. Moved by Councillor Jones Seconded by Councillor Ens THAT the presentation from the President and CEO of the St. Thomas Elgin General Hospital re: Medium -Sized Hospital Funding be received and filed. - Carried. 2 County Council 2 July 24, 2018 St. Thomas/Elgin Long -Term Affordable & Social Housing Strategy Elizabeth Sebestyen, Director, St. Thomas -Elgin Social Services and Josh Warkentin of Tim Welch Consulting Inc. with a report and PowerPoint presentation re: St. Thomas/Elgin Long - Term Affordable and Social Housing Strategy. Moved by Councillor Martyn Seconded by Councillor Mennill THAT the presentation titled "St. Thomas/Elgin Long -Term Affordable and Social Housing Strategy", from the Director of St. Thomas -Elgin Social Services and Welch Consulting Inc., be received and filed. - Carried. Moved by Councillor Jenkins Seconded by Councillor Wiehle THAT we do now move into Committee of the Whole Council. - Carried. REPORTS Elgin County Library 2018 Service Update — Library Coordinator The coordinator presented the report summarizing library services that are expanding to the benefit of library patrons. Some of these services include apps, movie licenses and online membership services. Moved by Councillor Martyn Seconded by Councillor Ens THAT the report titled "Elgin County Library 2018 Service Update" from the Library Coordinator, dated June 28, 2018 be received and filed. - Carried. Clearing Exemption Application for S Pt. Lot 9, Concession 2 Duff Line, Municipality of Dutton Dunwich — Tree Commission erMeed Inspector The Chief Administrative Officer presented the report recommending that Council reconsider the request for Exemption for Woodlands Clearing Application originally submitted by Fieldstone Investments Inc. at the meeting held on April 10, 2018. Moved by Councillor Jones Seconded by Councillor Mennill WHEREAS Elgin County Council considered the Clearing Exemption Application received for 3.2 hectares of woodland from Fieldstone Investments Inc., for S Pt Lot 9, Concession 2, Duff Line, Dutton Dunwich at their meeting held on July 24, 2018; and, WHEREAS a number of objections were received; and, WHEREAS By -Law 05-03 Elgin County Woodlands Conservation By -Law requires that reasons for rejecting a request for clearing exemption of woodland property must be provided to the applicant within 10 days; NOW THEREFORE, BE IT RESOLVED; THAT Elgin County Council reject the request for clearing exemption received from Fieldstone Investments Inc., for the clearing of 3.2 hectares of woodland for the following reasons: a. The request is inconsistent with the Elgin County Woodlands Conservation By -Law; and, 3 County Council 3 July 24, 2018 b. The request is inconsistent with the no net loss policy followed by County Council, notwithstanding the offer to contribute to the County tree planting fund; and, c. The request does not promote good forestry and utilization of practices that sustain healthy woodlands; and, d. The woodlot is substantial and will take decades to replenish; and, e. This will impact on the habitat for woodland species. - Carried. Amended Councillors' Remuneration — One -Third Tax Allowance — Financial Analyst The analyst presented the report outlining the decisions made by other Ontario municipalities regarding the federal decision to eliminate the one-third tax allowance for Councillors. Moved by Councillor Ens Seconded by Councillor Jones THAT Council's remuneration be changed to account for the elimination of the 1/3 tax exemption by the Federal Government, effective December 1, 2018, to fully taxable and grossed up total remunerations of: Warden - $69,918 and Council - $25,607. Councillor Martyn requested a recorded vote. These were recorded as follows: YEAS NAYS ABSENT Wiehle McWilliam Martyn Jones Currie Mennill Jenkins Ens Marr TOTAL: 8 1 0 As a result of the Recorded Vote the motion was Carried. Farm Tax Ratio — Director of Financial Services The director presented the report in response to the EFA's request for a reduction in the Farm Tax Ratio from 25% to 23%. Moved by Councillor Jenkins Seconded by Councillor Ens THAT the 2019 tax ratios be set by the newly elected council as part of the 2019 budget deliberations. - Carried. 2017 Annual Report and Audited Financial Statement — Director of Financial Services The director presented the Annual Report, a document that allows Council to communicate the achievements, financial results and performance measures for the corporation for 2017. Moved by Councillor Wiehle Seconded by Councillor Jones THAT the 2017 Annual Report, Financial Information Return (FIR) and Audited Consolidated Financial Statements be approved for publication. - Carried. Council recessed at 10:43 a.m. and reconvened at 10:52 a.m. 12 County Council 4 July 24, 2018 West Elgin Community Health Centre (WECHC) — Meals on Wheels (MOW) Contract — 2018-2020 — Director Homes and Seniors Services The director presented the report recommending that Council authorize staff to enter into an agreement with the West Elgin Community Health Centre to provide Meals on Wheels services to seniors in West Elgin. Moved by Councillor Jones Seconded by Councillor Martyn THAT the current price of West Elgin Community Health Centre Meals on Wheels increase to $6.65 in 2018 and $6.75 in 2019 with a two (2) year contract from 2018-2020; and, THAT Council authorize staff to sign the 2018-2020 Meals on Wheels contract with the West Elgin Community Health Centre. - Carried. Homes — Dietary (Section 1-7) Policy Manual Review and Revisions — Director of Homes and Seniors Services The director presented the report recommending that Council approve annual revisions to the County of Elgin Homes and Seniors Services Dietary Policy Manual. Moved by Councillor Jenkins Seconded by Councillor Ens THAT Council approve the County of Elgin Homes and Seniors Services Dietary (Section 1-7) Policy Manual review and revisions for 2018; and, THAT the report titled "Homes — Dietary (Section 1-7) Policy Manual Review and Revisions" dated July 4, 2018 be received and filed. - Carried. Homes — Housekeeping and Laundry (Section 1-7) Policy Manual Review and Revisions — Director of Homes and Seniors Services The director presented the report recommending that Council approve annual revisions to the County of Elgin Homes and Seniors Services Housekeeping and Laundry Policy Manual. Moved by Councillor Mennill Seconded by Councillor Jones THAT Council approve the County of Elgin Homes and Seniors Services Housekeeping and Laundry (Section 1-7) Policy Manual review and revisions for 2018; and, THAT the report titled "Homes — Housekeeping and Laundry (Section 1-7) Policy Manual Review and Revisions" dated July 4, 2018 be received and filed. - Carried. Homes — Maintenance Policy Manual Review and Revisions — Director of Homes and Seniors Services The director presented the report recommending that Council approve annual revisions to the County of Elgin Homes and Seniors Services Maintenance Policy Manual. Moved by Councillor Martyn Seconded by Councillor McWilliam THAT Council approve the County of Elgin Homes and Seniors Services Maintenance Policy Manual review and revisions for 2018; and, 5 County Council 5 July 24, 2018 THAT the report titled "Homes — Maintenance Policy Manual Review and Revisions" dated July 4, 2018 be received and filed. - Carried. Elgin County Official Plan Five (5) Year Review — Natural Heritage Study — Manager of Planning The manager presented the report providing County Council with information about the Elgin Natural Heritage System Study (ENHSS) that is required as part of the County's Official Plan 5 Year Review in accordance with Section 26 of the Planning Act. Moved by Councillor Jones Seconded by Councillor Martyn THAT the report titled "Elgin County Official Plan Five (5) year Review— Natural Heritage System Study", from the Manager of Planning, dated July 12, 2018 be received and filed. - Carried. Duff Line/Third Line Rehabilitation Strategy Change — Director of Engineering Services The director presented the report recommending that Council defer the work originally proposed for Third Line and the funds made available used to complete the rehabilitation of Duff Line from Dunborough Road easterly to Currie Road. Moved by Councillor McWilliam Seconded by Councillor Mennill THAT the report titled "Duff Line/Third Line Rehabilitation Strategy Change" from the Director of Engineering Services, dated July 18, 2018, be received and filed; and, THAT the rehabilitation work on Duff Line be extended to include double surface treatment from Dunborough Road easterly to Currie Road for a total length of 7 km; and, THAT the proposed rehabilitation work on Third Line be deferred from the 2018 Capital Program; and, THAT, at the request of Southwold Township, further investigation be undertaken to determine a more appropriate strategy for Third Line from Lawrence Road easterly to Union Road. - Carried. Commercial Signs within County Road Allowances — Director of Engineering Services The director presented the report raising the issue of unauthorized commercial signs within County Road Allowances and seeking Council's direction for preparation of a policy for prohibition and removal of such signs. Moved by Councillor Jones Seconded by Councillor Martyn THAT the report titled "Commercial Signs within County Road Allowances", from the Director of Engineering Services and the County Solicitor, dated July 17, 2018, be received and filed; and, THAT staff be directed to develop a policy for prohibition and removal of commercial signs from County Road Allowances and report back to Council. - Carried. Port Bruce Temporary Bridge Update — Director of Engineering Services The director presented the report updating Council on the installation of a temporary bridge in Port Bruce. Moved by Councillor Jenkins 9 County Council 6 Seconded by Councillor Mennill July 24, 2018 THAT the report titled "Port Bruce Temporary Bridge Update", from the Director of Engineering Services, dated July 17, 2018, be received and filed. - Carried. EMS Medavie Update to Deployment Plan — Director of Engineering Services The General Manager/Chief of Medavie EMS Elgin Ontario presented the report informing Council of an update to the Medavie EMS Elgin Deployment Plan in order to provide efficiency in the movement of vehicles across the County. Moved by Councillor Jones Seconded by Councillor McWilliam THAT County Council consent to the proposed deployment plan outlined in the report from the Director of Engineering Services and the General Manager/Chief of Medavie EMS Elgin Ontario on the condition that this revised deployment strategy will not increase County expenditures; and, THAT County Council reserves the right to review the outcome of the revised deployment strategy in 3 months to determine the impact upon service for Elgin County residents. - Carried. Terrace Lodge Redevelopment Update — Chief Administrative Officer The Chief Administrative Officer presented the report providing Council with an update on the recent Request for Proposal (RFP) issued by the County for a Design and Operational Review for Terrace Lodge. Moved by Councillor Mennill Seconded by Councillor Jenkins THAT the report titled "Terrace Lodge Redevelopment Update", from the Chief Administrative Officer and Purchasing Coordinator, dated July 17, 2018, be received and filed. - Carried. Illegal Dumping in Elgin County — Chief Administrative Officer The Chief Administrative Officer presented the report providing Council with a background on illegal dumping in Elgin County and recommending that Council authorize staff to contact partner municipalities in regard to illegal dumping along County road allowances and report back to County Council at a future date with more information. Moved by Councillor Martyn Seconded by Councillor Wiehle THAT the Chief Administrative Officer be directed to contact partner municipalities in regard to illegal dumping along County road allowances and report back to County Council at a future date with a summary report and recommendations. - Carried. CORRESPONDENCE Items for Consideration Melissa Schneider, President, Elgin County Federation of Agriculture urging County Council to implement a farm tax ratio of 0.23 for the 2019 tax year which would slow the farm tax increase to a more manageable and equitable pace and reduce the tax burden on local farmers. 7 County Council 7 July 24, 2018 2. Donna and Norm Vick expressing their concerns with the speed signage on Centennial Avenue in the Municipality of Central Elgin. 3. Cameron McWilliam, Mayor, Municipality of Dutton Dunwich expressing their council's disappointment in the decision to build a new court facility and recommends that long-term lease negotiations with the Ministry of the Attorney General be revisited. In regard to Correspondence Item #1 Council recommended that: In accordance with the above report titled "Farm Tax Ratio", the 2019 tax ratios be considered and set by the newly elected Council as part of the 2019 budget deliberations. The following recommendation was adopted in regard to Correspondence Item #2: Moved by Councillor Martyn Seconded by Councillor Mennill THAT staff be directed to evaluate speed signage on Centennial Avenue in the Municipality of Central Elgin in conjunction with the Ministry of Transportation and the Municipality of Central Elgin; and, THAT a letter be sent to Donna and Norm Vick to notify them of this decision. - Carried. The following recommendation was adopted in regard to Correspondence Item #3: Moved by Councillor Jones Seconded by Councillor Wiehle THAT correspondence from the Municipality of Dutton Dunwich be received and filed. - Carried. Items for Information (Consent Agenda) Certificate of Congratulations to Elgin County from Jeff Yurek, MPP Elgin -Middlesex -London on the occasion of the Grand Opening of the Elgin County Heritage Centre. 2. Tom Jeffery, FCHS Foundation Chair, with Media Release titled "FCHS Foundation hosts Building Ties event with area counties". 3. Allan Jones, Chairman, National Wall of Remembrance Association (NWORA) with invitation to visit their website www.worassociation.ca for information on their plan to build a memorial in Kingston Ontario to recognize every Canadian who fell in every conflict of record. 4. Connie Mallory, Chief Inspector, Ontario SPCA seeking Council's support in the form of a by- law for their "2018 No Hot Pets Campaign". 5. James Collard, Secretary -Treasurer, Community School Alliance inviting nominations to the Executive Committee of the Alliance. Deadline August 10, 2018. 6. The College of Physicians and Surgeons (CPSO) inviting nominations for the College of Physicians and Surgeons of Ontario Council Award. Deadline October 1, 2018. 7. Hon. Steve Clark, Minister of Municipal Affairs and Housing announcing that his ministry will consult with AMO and the municipal sector on areas of mutual interest and welcomes municipal input. Moved by Councillor Jenkins Seconded by Councillor Wiehle THAT Correspondence Items #1- 7 be received and filed. - Carried. 0 County Council 8 July 24, 2018 OTHER BUSINESS Statements/Inquiries by Members Councillor McWilliam announced that the new provincial government had cancelled the Strong Breeze Wind Project in Dutton Dunwich. This is good news as the municipality had declared itself an unwilling host. This project was extremely divisive in the community and Councillor McWilliam hopes to work towards healing the rift in the community that this project caused. Councillor Jones announced that a solar project in Southwold had also been cancelled and this project had been divisive as well. Warden Marr announced that a small project was cancelled in Central Elgin as well. Central Elgin looks forward to continuing dialogue with MPP Jeff Yurek regarding Elgin's position on a host of topics including green energy. Notice of Motion - None. Matters of Urgency - None. PRESENTATION International Plowing Match Legacy Scholarship - 2018 Winners Warden Marr and 2010 IPM Chairman Duncan McPhail presented Ms. Abbey Taylor of the Municipality of Central Elgin and Ms. Alex Oswell of the Town of Aylmer with the International Plowing Match Legacy Scholarships for 2018. Linda Oswell, Mother of Alex, was in attendance on behalf of her daughter who was in British Columbia on a school placement. The Warden congratulated both recipients for their accomplishments and wished them well in their future agricultural endeavours. Closed Meeting Items Moved by Councillor Jenkins Seconded by Councillor Wiehle THAT we do now proceed into closed meeting session in accordance with the Municipal Act to discuss matters under Municipal Act Section 239.2; Additional Verbal In -Camera Addendum Item (see page 1) (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board - Contract Negotiations. In -Camera Addendum Item #1 (c) a proposed or pending acquisition or disposition of land by the municipality or local board; (h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them - Property Matters. In -Camera Addendum Item #2 (a) the security of the property of the municipality or local board; (c) a proposed or pending acquisition or disposition of land by the municipality or local board; (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board - Central Elgin Fire. In -Camera Item #1 (b) personal matters about an identifiable individual, including municipal or local board employees - Organizational Developments. In -Camera Item #2 (e) litigation or potential litigation, including matters before administrative tribunals, affecting 9 County Council 9 July 24, 2018 the municipality or local board; (f) advice that is subject to solicitor -client privilege, including communications necessary for that purpose; (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. In -Camera Item #3 (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; (f) advice that is subject to solicitor -client privilege, including communications necessary for that purpose; (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board — Status Report Enforcement of Reforestation. In -Camera Item #4 (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; (f) advice that is subject to solicitor -client privilege, including communications necessary for that purpose; (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board — Port Bruce Bridge. In -Camera Item #5 (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; (f) advice that is subject to solicitor -client privilege, including communications necessary for that purpose. Moved by Councillor Martyn Seconded by Councillor Jenkins THAT we do now rise and report. - Carried. - Carried. Additional Verbal In -Camera Addendum Item (see page 1) Moved by Councillor Mennill Seconded by Councillor Wiehle THAT staff proceed as directed. - Carried. In -Camera Addendum Item #1 Councillor Jones left the Council Chambers at 12:18 p.m. during the discussion of the following agenda item. He returned after discussions had concluded. Moved by Councillor Jenkins Seconded by Councillor Mennill THAT staff proceed as directed. - Carried. In -Camera Addendum Item #2 Warden Marr and Councillor Martyn left the Chambers at 12:35 p.m. Deputy Warden Jones Chaired the meeting in the Warden's absence. The Warden and Councillor Martyn returned after the discussion regarding Central Elgin Fire had concluded. Moved by Councillor Jones Seconded by Councillor Wiehle THAT the verbal report from the Chief Administrative Officer be received and filed. - Carried. 10 County Council 10 July 24, 2018 In -Camera Item #1 Moved by Councillor Jenkins Seconded by Councillor Martyn THAT staff proceed as directed. - Carried. In -Camera Item #2 Moved by Councillor Mennill Seconded by Councillor Ens THAT the correspondence be received and filed. - Carried. In -Camera Item #3 Moved by Councillor Jones Seconded by Councillor Mennill THAT the verbal report from the County Solicitor be received and filed. - Carried. Councillor Currie left the meeting. In -Camera Item #4 Moved by Councillor Mennill Seconded by Councillor Jenkins THAT County Council provide authorization to proceed with the construction of a temporary boat launch for use by North Erie Marina at the cost of $75,000; and, THAT the report from the County Solicitor be received and filed. - Carried. In -Camera Item #5 Moved by Councillor Jones Seconded by Councillor Wiehle THAT correspondence provided by the Chief Administrative Officer be received and filed. - Carried. REPORTS (continued) Restriction of Right of Public Passage and Access — Lewis Street (South of Rush Creek Line) Malahide Township (Port Bruce) — County Solicitor The solicitor presented the report recommending that Council enact a by-law temporarily removing and suspending public access to and passage over a portion of the unopened Lewis Street road allowance, to facilitate construction of a temporary boat launch to be leased to North Erie Marina as a mitigation measure against negative consequences of installation of the temporary bridge spanning Catfish Creek. Moved by Councillor Mennill Seconded by Councillor Martyn THAT the report titled "Restriction of Right of Public Passage and Access — Lewis Street (South of Rush Creek Line), Malahide Township (Port Bruce)" from the County Solicitor, dated July 19, 2018, be received and filed; and, 11 County Council 11 July 24, 2018 THAT County Council enact the proposed by-law attached as Schedule "A" hereto. - Carried. Closed Meeting Item - Councillor Jenkins requested information about a confidential matter of potential litigation affecting the municipality. Moved by Councillor Jenkins Seconded by Councillor Mennill THAT we do now proceed into closed meeting session in accordance with the Municipal Act to discuss matters under Municipal Act Section 239.2; (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. - Carried. Moved by Councillor Jenkins Seconded by Councillor Ens THAT we do now rise and report - Carried. Moved by Councillor Ens Seconded by Councillor Jenkins THAT the verbal report from the Chief Administrative Officer be received and filed. - Carried. Motion to Adopt Recommendations of the Committee of the Whole Moved by Councillor Wiehle Seconded by Councillor Jones THAT we do now adopt recommendations of the Committee Of The Whole. - Carried. BY-LAWS Moved by Councillor Mennill Seconded by Councillor Jones THAT By -Law No. 18-25 "Being a By -Law to Appoint Alternate Persons to Carry Out the Duties of the Secretary -Treasurer of the Elgin County Land Division Committee when the Secretary - Treasurer is Unable, for Any Reason, to Carry Out His or Her Duties" be read a first, second and third time and finally passed. - Carried. Moved by Councillor Mennill Seconded by Councillor Jenkins THAT By -Law No. 18-26 "Being a By -Law to Remove and Prohibit the Right of Passage Over a Portion of the Lewis Street Road Allowance (South of the Travelled Portion of Rush Creek Line) in the Township of Malahide in The County of Elgin as Amended Pursuant to the Corresponding Report" be read a first, second and third time and finally passed. - Carried. 12 County Council 12 Moved by Councillor Martyn Seconded by Councillor Ens July 24, 2018 THAT By -Law No. 18-27 "Being a By -Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the July 24, 2018 Meeting" be read a first, second and third time and finally passed. - Carried. ADJOURNMENT Moved by Councillor McWilliam Seconded by Councillor Jones THAT we do now adjourn at 1:23 p.m. to meet again on August 14, 2018 (tentative) at the County Administration Building Council Chambers at 9:00 a.m. Julie Gonyou, Chief Administrative Officer. 13 - Carried. David Marr, Warden. Moved by Councillor Ens Seconded by Councillor Jones MOTION: THAT Council's remuneration be changed to account for the elimination of the 1/3 tax exemption by the Federal Government, effective December 1, 2018, to fully taxable and grossed up total remunerations of: Warden - $69,918 and Council - $25,607. RECORDED VOTE July 24, 2018 CARRIED / DEFEATED TOTAL NUMBER OF VOTES = 9 14 YEAS NAYS ABSENT WEST ELGIN BERNIE WIEHLE X DUTTON DUNWICH CAMERON McWILLIAM X CENTRAL ELGIN SALLY MARTYN X SOUTHWOLD GRANT JONES X AYLMER GREG CURRIE X MALAHIDE DAVE MENNILL X JIM JENKINS X BAYHAM PAULENS X CENTRAL ELGIN WARDEN DAVID MARR X TOTAL 8 1 0 CARRIED / DEFEATED TOTAL NUMBER OF VOTES = 9 14 REPORTS OF COUNCIL AND STAFF August 14, 2018 Staff Reports —(ATTACHED) Director of Homes and Seniors Services — Victorian Order of Nurses (VON) — Meals on Wheels (MOW) Contract — 2018-2020 Director of Homes and Seniors Services — Homes — Administrative Monetary Penalties and Re - Inspection Fees Director of Community and Cultural Services — Estate Donations to Support Alma College Collections Director of Financial Services — June 2018 Budget Performance Director of Engineering Services — Regulation of Traffic By -Law Amendments — Port Bruce County Solicitor — License Agreement — North Erie Marina — Temporary Boat Launch — Lewis Street (South of Rush Creek Line), Malahide Township (Port Bruce) 15 ,,urrr m/1 N REPORT TO COUNTY COUNCIL FROM: Michele Harris, Director of Homes and Seniors Services Annemarie Atkinson, Manager of Support Services - Terrace Lodge Chris Bhola, Manager of Support Services - Elgin Manor DATE: August 7, 2018 SUBJECT: Victorian Order of Nurses (VON) - Meals on Wheels (MOW) Contract - 2018-2020 INTRODUCTION: The Elgin County Homes, in partnership with Victorian Order of Nurses (VON) through Terrace Lodge and Elgin Manor, provide meals on wheels (MOW) to seniors in Central and East Elgin communities. DISCUSSION: The Homes have aimed to keep the Meals on Wheels (MOW) program affordable to individuals in the community without negatively impacting the Home's budgets. The fee for meals is currently $6.60 as provided by the Homes and continues to provide for full cost recovery of the program. Given that food and packaging prices are anticipated to increase in the upcoming years, a slight increase in pricing is recommended. Staff is recommending an increase of $.05 per meal in 2018 and $.10 per meal increase for 2019 to help offset anticipated costs. Additionally, staff is recommending an increase in length of contract to a two (2) year agreement with VON. CONCLUSION: Providing nutritional meal service to community residents continues to be a valuable and needed service. Staff is recommending a two (2) year agreement with a slight increase to $6.65 per meal in 2018 and $6.75 per meal in 2019. RECOMMENDATIONS: THAT the current price of Victorian Order of Nurses - Meals on Wheels increase to $6.65 in 2018 and $6.75 in 2019 with a two (2) year contract from 2018-2020; and, THAT Council authorize staff to sign the 2018-2020 Meals on Wheels contract with the Victorian Order of Nurses. All of which is Respectfully Submitted Michele Harris Director of Homes and Seniors Services Annemarie Atkinson Manager of Support Services - Terrace Lodge Chris Bhola Manager of Support Services - Elgin Manor16 Approved for Submission Julie Gonyou Chief Administrative Officer MEALS ON WHEELS AGREEMENT This Agreement is made as of the day of August, 2018. BETWEEN VICTORIAN ORDER OF NURSES FOR CANADA – ONTARIO BRANCH (hereinafter "VON") -and- CORPORATION OF THE COUNTY OF ELGIN TERRACE LODGE AND ELGIN MANOR (hereinafter "Supplier") RECITALS: WHEREAS VON wishes to engage the Supplier to prepare the meals ("Meals") for its Meals on Wheels Program, upon the terms and conditions set out in this Agreement. NOW THEREFORE in consideration of the sum of ONE DOLLAR ($1.00) now paid by VON to the County as well as the mutual covenants contained herein, the nature and extent of which consideration is acknowledged as sufficient and received, the Parties hereto agree as follows: SECTION 1 — DEFINITIONS 1.1 In this Agreement, unless the context otherwise requires, the following terms shall have the following meanings: (1) "Agreement" means this agreement, including any recitals and schedules to this agreement, as amended, supplemented or restated from time to time. (2) "Client" means any person who receives a Meal. (3) "Client Information" means any and all material, data or any other information whatsoever, whether in verbal, written or any other form, relating to Clients, including name, address, telephone number, information concerning dietary requirements or restrictions and any and all other personal health information and health data that the Supplier may obtain or have access to in the course of performing its duties under this Agreement. (4) "Statutory Holidays" means the statutory holidays listed in Exhibit "A" to this Agreement. SECTION 2 — TERM AND TERMINATION 2.1 The term of this Agreement shall commence on July 1, 2018 and shall terminate on June 30, 2020 (the "Term"), unless sooner terminated in accordance with the provisions of this Agreement. 17 -2- 2.2 This Agreement may be extended upon such terms and conditions as may be reached by mutual agreement of the parties in writing not less than sixty (60) days before the expiration of the Term or any extension thereof. If the parties fail to reach agreement at least sixty (60) days prior to the expiration of the Term or any extension thereof, this Agreement shall terminate. 2.3 VON may terminate this Agreement at any time on sixty (60) days' prior written notice to the Supplier. 2.4 The Supplier may terminate this Agreement at any time on sixty (60) days' prior written notice to VON. 2.5 VON may terminate this Agreement immediately upon notice in writing to the Supplier if: (1) an order is made under any statute, law, regulation, enactment or ordinance from time to time applicable requiring the Supplier to close its premises or any part thereof; or (2) the Supplier is convicted of an offence under any statute, law, regulation, enactment or ordinance from time to time applicable; or (3) otherwise complying with obligations in effect as of the date of termination. 2.6 The expiration or sooner termination of this Agreement shall not relieve or release either party from making payments that might be owing under this Agreement. SECTION 3 —COMPENSATION 3.1 VON shall pay the Supplier the sum of $6.65 per Meal, consisting of an entree, salad and dessert from July 1, 2018 to June 30, 2019 and $6.75 from July 1, 2019 to June 30, 2020. Double portions can also be purchased at an additional cost of $3.30 during this time period. 3.2 The Supplier shall invoice VON on a monthly basis for all Meals prepared in accordance with this Agreement, with payment due within thirty (30) days of the date of the invoice. 3.3 The Supplier shall keep accurate and systematic accounts in respect of the Meals and services provided under this Agreement in accordance with generally accepted accounting principles. SECTION 4 — MENUS AND SCHEDULES 4.1 The Supplier will provide Meals in accordance with the specifications and schedule described in Schedule "A" to this Agreement. 4.2 The Meals will be ready for pick up by VON volunteers by no later than 11.30 a.m. Monday through Friday and such volunteers will return delivery equipment to the im -3 - meal suppliers after meals have been delivered. Specialty diet meals are to be clearly identified for the volunteers. 4.3 The Supplier shall ensure that the VON volunteers have a safe and clean area in its premises in which to meet for assembly of Meals. 4.4 VON shall have the right to cancel the preparation of Meals on any day by notifying Supplier by no later than 10.00 a.m. on such day, and there will be no charge for that day's Meals. 4.5 VON will be responsible for the supply of delivery equipment (ie; coolers, hot packs, etc.). The Supplier will store, clean, disinfect and sanitize all equipment according to provincial legislation and in addition to the Meals, the Supplier will provide all food containers required for Meals packaging and delivery. SECTION 5 — WARRANTIES AND REPRESENTATIONS 5.1 The Supplier hereby warrants and represents to the best of its current knowledge that: (1) in preparing the Meals under this Agreement it will utilize only food articles, ingredients, packaging and labelling that are, to the best of the Supplier's knowledge in acting diligently and in full compliance with all applicable food handler's legislation standards; (2) all Meals shall be prepared, stored and readied for delivery in accordance with best practices for food preparation and safety and, as a minimum, in accordance with the requirements of any statute, law, regulation, enactment or ordinance from time to time applicable concerning, without limitation: (a) food temperature control; (b) protection of food from contamination; (c) employee hygiene and hand washing; (d) maintenance and sanitation of surfaces and equipment that come into contact with food; (e) maintenance and sanitation of surfaces and equipment that do not come into contact with food; (f) maintenance and sanitation of washrooms; (g) storage and removal of waste; and (h) pest control; (3) it shall keep such records in respect of the preparation, storage, handling and readying for delivery of the Meals as are prescribed by any statute, law or 19 -4 - regulation from time to time applicable and shall keep the records in such form, with such detail and for such length of time as is prescribed by such statute, law or regulation; (4) it holds and will continue to hold throughout the term of this Agreement all licenses, approvals and permits required to perform its obligations hereunder; and (5) it shall at all times be registered with and report to the proper authorities and shall be responsible for paying all taxes, employment insurance contributions, Canada Pension Plan contributions, employer health tax, Harmonized Sales Tax, workers' compensation premiums or any other payments for which the Supplier may be liable at law in respect of the fees payable under this Agreement. 5.2 The representations and warranties of the Supplier contained in this Agreement shall survive the expiration or sooner termination of this Agreement. 5.3 The Supplier covenants and agrees to take all steps necessary to cause each of its representations and warranties to remain true and correct throughout the Term. SECTION 6 — INSURANCE 6.1 The Supplier covenants that it has and shall maintain in full force and effect during the Term and any renewals thereof, at its own cost and expense, comprehensive general liability insurance including product liability coverage, which shall include, without limitation coverage for a limit of not less than Two Million Dollars ($2,000,000.00) per occurrence including personal injury, death or property damage. 6.2 VON covenants that it has and shall maintain in full force and effect during the Term and any renewals thereof, at its own cost and expense, comprehensive general liability insurance, professional liability insurance and property insurance, each of which shall include, without limitation coverage for a limit of not less than Two Million Dollars ($2,000,000.00) per occurrence including personal injury, death or property damage. 6.3 Each party shall deliver certificates of insurance to the other party within ten (10) days of the request of the other party at any time during the Term. SECTION 7 —INDEMNITY 7.1 The Supplier agrees to indemnify and save VON harmless from and against: (a) all claims for bodily injury or death, property damage or other loss or damage arising under this Agreement from the conduct of any work or any act or omission of the Supplier or anyone for whom it is in law responsible, and for all costs, expenses and liabilities incurred by VON in connection with such claims, including reasonable legal fees, unless caused or to the extent contributed to by the negligent or willful act or omission of VON; and 20 -5- (b) any loss, cost, expenses or damages (including, reasonable legal fees), suffered by VON due to any breach by the Supplier of any of its covenants and obligations under this Agreement, unless caused or to the extent contributed to by the negligent or willful act or omission of VON. 7.2 VON agrees to indemnify and save the Supplier harmless from and against: (a) all claims for bodily injury or death, property damage or other loss or damage arising under this Agreement from the conduct of any work or any act or omission of VON or anyone for whom it is in law responsible, and for all costs, expenses and liabilities incurred by the Supplier in connection with such claims, including reasonable legal fees, unless caused or to the extent contributed to by the negligent or willful act or omission of the Supplier; and (b) any loss, cost, expenses or damages (including, reasonable legal fees), suffered by the Supplier due to any breach by VON of any of its covenants and obligations under this Agreement, unless caused or to the extent contributed to by the negligent or willful act or omission of the Supplier. 7.3 The parties agree each with the other that either one receiving notice of a clam shall give the other prompt written notice of any claim to which it claims the indemnity in this Section applies and shall provide all such assistance as the indemnifying party may reasonably request with respect to the conduct of proceedings or settlement discussions. 7.4 The indemnities set forth in this Agreement shall survive the expiry and/or other termination of this Agreement. SECTION 8 — CLIENT INFORMATION AND CLIENT RECORDS 8.1 The Supplier covenants and agrees that it will not use or disclose to any third party any Client Information except to the extent necessary to perform its obligations under this Agreement and with the consent of the Client, or where required by law. 8.2 Upon termination, for any reason, of this Agreement, or at any time prior to the termination upon the request of VON, the Supplier will deliver forthwith to VON all Client Information (including all notes, records and documents pertaining thereto), received from VON that is in its possession or under its control at that time. The County will retain all Client Information generated by the Supplier and those documents will remain the property of the County of Elgin. 8.3 In the event of any dispute, claim or litigation commenced on the part of or on behalf of any Client, VON will provide the Supplier with such access to the Client Information as it requires in order to prepare a legal defence. 8.4 The provisions of this section shall continue in force, notwithstanding the termination of this Agreement. 21 -6 - SECTION 9 — GENERAL MATTERS 9.1 The parties are independent Contractors. Nothing contained in this Agreement shall be deemed to constitute VON or Supplier as agents, joint venturers or partners of one another for any purpose. For greater certainty, nothing in this Agreement shall be construed as creating an employer-employee relationship between VON and any of Supplier's employees or personnel. 9.2 The division of this Agreement into sections and the insertion of headings are for convenience of reference only and are not to affect the construction or interpretation of this Agreement. 9.3 This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and each of the parties hereto hereby irrevocably attorns to the jurisdiction of the courts of the Province of Ontario for all matters arising herein. 9.4 Supplier shall not assign this Agreement without the prior written consent of VON. This Agreement shall enure to the benefit of and be binding upon the parties and their respective successors and assigns. 9.5 Any provision of this Agreement that is invalid or unenforceable shall not affect any other provision and shall be deemed to be severable. 9.6 No amendment, supplement or restatement of any term of this Agreement is binding unless it is in writing and signed by each party. 9.7 This Agreement may be executed and delivered in any number of counterparts, each of which when executed and delivered is an original but all of which taken together constitute one and the same instrument. To evidence the fact that it has executed this Agreement, a party may send a copy of its executed counterpart to the other party by facsimile transmission and the signature transmitted by facsimile shall be deemed to be the original signature for all purposes. 9.8 Time shall be of the essence of this Agreement. 9.9 This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all prior negotiations and understandings. 9.10 Unless otherwise specified, words importing the singular number shall include the plural and vice versa, words importing gender shall include the masculine, feminine and neutral genders, and references to persons shall include individuals, trusts, firms and corporations. The term "including" means "including without limitation". 9.11 Unless otherwise specified, each notice to a party must be given in writing and delivered personally or by courier, sent by prepaid registered mail or transmitted by fax to the party as follows: To VON: 175 South Edgeware Rd, St. Thomas, ON N5P 4C4 22 To Supplier: Elgin Manor, RR1, St. Thomas, ON N5P 3S5 Terrace Lodge, 475 Talbot Street East, Aylmer, ON N5H 3A5 or to any other address, fax number or person that the party designates. Any notice, if delivered personally or by courier, will be deemed to have been given when actually received, if transmitted by fax before 3:00 p.m. on a business day will be deemed to have been given on that business day, and if transmitted by fax after 3:00 p.m. on a business day, will be deemed to have been given on the Business Day after the date of the transmission. 9.12 Annual client satisfaction surveys will be implemented by VON Community Support staff and results will be shared with meal suppliers. IN WITNESS WHEREOF this Agreement has been executed by the parties as of the date first written above. SIGNED, SEALED, AND DELIVERED In the presence of VICTORIAN ORDER OF NURSES FOR CANADA — ONTARIO BRANCH per: Name: Position: We have authority to bind the Corporation. CORPORATION OF THE COUNTY OF ELGIN per: Name: David Marr Position: Warden per: Name: Julie Gonyou Position: Chief Administrative Officer per: Name: Michele Harris Position: Director of Homes and Seniors Services We have authority to bind the Corporation. 23 -8 - SCHEDULE "A" SPECIFICATIONS AND SCHEDULE The Supplier will provide the following types of Meals, which will include an entree, salad and dessert: (1) regular; (2) diabetic; and (3) special meals to meet the specific dietary needs or restrictions of Clients including, without limitation pureed, restricted fat or food sensitivity/allergy Meals. VON will provide the Supplier with a list of all special Meals required and shall update the list from time to time as necessary to reflect changes in Clients or Client needs. The Meals on Wheels menu must have a minimum rotation time of three weeks and be reviewed by a registered dietician. A copy of the current menu is to be made available to the Meals On Wheels coordinating staff on an ongoing basis. Meals are to be date stamped and identified with the Meals on Wheels stamp. The Supplier will prepare fresh Meals on a daily basis from Monday through Friday each week throughout the Term. The Supplier shall not be required to provide Meals on the following Statutory Holidays: New Years Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Remembrance Day, Thanksgiving, Christmas Day and Boxing Day. 24 „urrr m/1 N REPORT TO COUNTY COUNCIL FROM: Michele Harris, Director of Homes and Seniors Services DATE: August 7, 2018 SUBJECT: Homes -Administrative Monetary Penalties and Re -Inspection Fees INTRODUCTION: In December 2017, Bill 160 was passed. This legislation included amendments to introduce Administrative Monetary Penalties (AMPs) and a re -inspection fee for Long -Term Care Homes (LTCHs). DISCUSSION: An AMP is a civil penalty imposed by a regulator for a contravention of an Act, regulation or by-law. AMPs under the Long -Term Care Homes Act (LTCHA) will come into effect on January 1, 2019. The AMP framework is set out in legislation and regulation and is intended to incent compliance with legislation and regulatory requirements. All the requirements in the LTCHA and its regulations have been assigned a specific AMP amount. AMP amounts would correspond to the level of risk presented and escalate with each re -issuance. There are three (3) classifications of AMPs, including: • AMPs of $10,000 for the most serious non -compliances; • AMPs of $5,000 for high risk non -compliances; and, • AMPs of $1 000 for all "other” non -compliances The current regulatory proposals introduce a re -inspection fee of $500. The fee would be issued for the second, and subsequent, follow-up inspections of an order. AMPs will only be implemented for reissued orders. Last year, Homes with reissued orders accounted for 14 percent of Homes in the province. Of that 14 percent, only 40.7 percent were not for profit or Municipal homes. Since 2010, Elgin County Homes have only received one "order" as a result of the new inspection process, and never repeat orders. Discussion and information gathering regarding legislation changes has been ongoing with AdvantAge Ontario, Ministry of Health and Long -Term Care and the management teams in the Homes. 25 CONCLUSION: Elgin County Homes continue to have favourable compliance records with the current legislation and in the provision of evidence based care. Results of all Ministry of Health and Long -Term Care (MOHLTC) inspections of Elgin County Homes and any issues that are identified as risks to achieving compliance are reported to Council annually. Once the changes to the LTCHA, 2007 are put into force, processes and policies will be reviewed and revised to support continued compliance. RECOMMENDATION: THAT the report titled "Homes - Administrative Monetary Penalties and Re -Inspection Fees" dated August 7, 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 26 r�y m urrn lef, I"I REPORT TO COUNTY COUNCIL FROM: Brian Masschaele, Director of Community and Cultural Services DATE: August 7, 2018 SUBJECT: Estate Donations to Support Alma College Collections INTRODUCTION: This report informs Council that Elgin County Archives has received a bequest of $50,000 and Elgin County Museum has received a bequest of $10,000 to support future projects on Alma College collections maintained by both institutions. DISCUSSION / CONCLUSION: Elgin County Archives and Elgin County Museum have received bequests in the amount of $50,000 and $10,000 respectively to support future work relating to collections pertaining to Alma College, the former independent school for young women that operated in St. Thomas for over a century. Both the archives and museum have substantial collections relating to the college and continue to actively collect in this area. The funds will be utilized to support future projects such as digitization and preservation activities. The estate trustee is not seeking to have the source of the bequest identified, accept to say that the individuals had a long-standing association with the college. RECOMMENDATION: THAT bequests in the amount of $50,000 to Elgin County Archives and $10,000 to Elgin County Museum be deposited into donation accounts for each institution for use on future projects relating to Alma College. All of which is Respectfully Submitted Brian Masschaele Director of Community and Cultural Services 27 Approved for Submission Julie Gonyou Chief Administrative Officer r�y m urrn lef, I"I REPORT TO COUNTY COUNCIL FROM: Jim Bundschuh, Director of Financial Services DATE: August 7, 2018 SUBJECT: June 2018 Budget Performance INTRODUCTION: Attached is the June budget comparison for the County with favourable performance for the month of $24,000. DISCUSSION: The favourable performance for the month of June brings the year-to-date favourable performance to $219,000. The performance for the month of June is predominately explained by $17,000 of favourable performance in Engineering. Project revenue was higher than anticipated due to road work done on behalf of a municipal partner. RECOMMENDATION: THAT the report titled "June 2018 Budget Performance" dated August 7, 2018 be received and filed. All of which is Respectfully Submitted Approved for Submission Jim Bundschuh Julie Gonyou Director of Financial Services Chief Administrative Officer W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 County of Elgin FULL YEAR YTD Current Month Budget Budget Actual Perform. Budget Actual Perform. Budget Comparison As of June 30, 2018 Net Net Net Net % Of Budget Net Net Net TAXES (33,779,334) (29,352) (29,351) (1) 0% - - - INTEREST CHARGES & INCOME (200,000) (53,793) (53,808) 15 27% (11,691) (11,691) (0) SOCIAL SERVICES - ST. THOMAS 2,348,306 978,461 967,500 10,961 41% 195,692 193,500 2,192 HEALTH UNIT 889,764 430,280 386,404 43,876 43% 71,713 71,713 - GRANTS 372,513 365,296 371,896 (6,600) 100% 2,500 2,500 - RENTAL INCOME (116,002) (127,264) (127,264) - 110% (21,211) (21,211) - PROPERTY ASSESSMENT 767,262 383,631 383,631 0 50% - - - ONTARIO MUNICIPAL PARTNERSHIP FU (739,700) (369,550) (369,850) 300 50% - - - PROJECTS 714,000 196,370 196,930 (560) 28% 8,248 8,248 (0) - - - 0 0% - - (0) Total Corporate (29,743,191) 1,774,080 1,726,089 47,991 -6% 245,252 243,060 2,192 WARDEN AND COUNCIL 364,144 179,399 164,288 15,112 45% 28,031 24,146 3,885 ADMINISTRATIVE SERVICES 528,929 280,157 273,852 6,305 52% 49,742 54,943 (5,201) FINANCIAL SERVICES 639,946 307,310 302,433 4,876 47% 49,761 49,498 263 HUMAN RESOURCES 569,891 263,953 234,482 29,471 41% 32,691 30,587 2,104 ADMINISTRATION BUILDING 585,178 194,650 188,282 6,368 32% (32,739) (32,236) (503) CORPORATE SERVICES 701,582 530,816 524,433 6,382 75% 20,731 19,387 1,345 ENGINEERING SERVICES 10,019,885 1,151,507 1,080,668 70,839 11% 237,089 219,894 17,194 HOMES FOR SENIORS SERVICES 4,938,360 929,854 987,712 (57,858) 20% 134,398 142,837 (8,439) MUSEUM/ARCHIVES 440,561 227,158 227,452 (294) 52% 45,413 46,792 (1,380) LIBRARY SERVICES 2,702,401 1,183,669 1,172,554 11,115 43% 252,405 250,957 1,448 INFORMATION TECHNOLOGIES 1,003,582 380,979 357,628 23,351 36% 43,152 40,752 2,400 PROVINCIAL OFFENSES (90,455) (46,429) (41,892) (4,538) 46% 177,391 177,575 (183) COLLECTIONS - POA (17,168) (8,501) (8,938) 437 52% (61103) (5,191) (912) AMBULANCE & EMERGENCY SERVICES 2,823,450 1,507,330 1,489,867 17,463 53% 256,749 256,482 266 ECONOMIC DEVELOPMENT & TOURISM 1,207,161 536,197 493,906 42,291 41% 55,174 45,624 9,551 Total Departmental 26,417,448 7,618,047 7,446,726 171,321 28% 1,343,885 1,322,047 21,839 Total (3,325,742) 9,392,127 9,172,815 219,312 -276% 1,589,137 1,565,107 24,030 H:\18ManagementReports\June OW 8/08/18 10:01 AM m/1 N REPORT TO COUNTY COUNCIL FROM: Michael Plant, Director of Engineering Services DATE: August 7, 2018 SUBJECT: Regulation of Traffic By -Law Amendments —Port Bruce INTRODUCTION: In order to facilitate the vehicle movements over the newly installed, single lane bridge in Port Bruce, a traffic control plan will be established. In order to enforce the plan, a number of By -Laws require amendment. Authorization from Council to amend the current Through Road, Speed Limit and No Parking By -Laws is requested. DISCUSSION: The new panel bridge installed across Catfish Creek in Port Bruce relies upon a traffic plan to manage vehicle movements over the single lane bridge and through the village. A copy of the traffic plan is attached to this report for Council's information. In order to enact the plan, a number of Regulation of Traffic By -Laws requires amendments in order to establish stop conditions, speed reduction and no parking areas. The following amendments are required within the corresponding by-laws: By -Law No. 17-33 "Being a By -Law to Designate Through Highways" • Road 73 — from the north side of Hale Street to the east side of Dexter Line • Road 73 — from the west side of Levi Street to the south side of Dexter Line • Road 73 — from the south side of Rush Creek Line to the west side of Bank Street By -Law No. 17-11 "Being a By -Law to Authorize Speed Limits" • Bank Street — 40km/h —from the north limit of Rush Creek Line to Imperial Road By -Law No. 16-11 "Being a By -Law for the Regulation of Traffic (No Parking)" • Road 73 (Dexter Line) — from the north side of Colin Street to the north side of Dexter Line, being a distance of 290m. • Rush Creek Line — from the west side of Bank Street to the east side of Imperial Road, being a distance of 252m. • Bank Street — from the north side of Rush Creek Line to the south side of Imperial Road, being a distance of 146m. CONCLUSION: In order to manage traffic across the new single lane bridge installed in Port Bruce, a traffic routing plan must be established. In order to enact the road regulation changes, by-law amendments are required. 30 RECOMMENDATIONS: THAT the appropriate respective By -Laws be made to include the following list of amendments: By -Law No. 17-33 "Being a By -Law to Designate Through Highways" • Road 73 — from the north side of Hale Street to the east side of Dexter Line • Road 73 — from the west side of Levi Street to the south side of Dexter Line • Road 73 — from the south side of Rush Creek Line to the west side of Bank Street By -Law No. 17-11 "Being a By -Law to Authorize Speed Limits" • Bank Street — 40km/h —from the north limit of Rush Creek Line to Imperial Road By -Law No. 16-11 "Being a By -Law for the Regulation of Traffic (No Parking)" • Road 73 (Dexter Line) — from the north side of Colin Street to the north side of Dexter Line, being a distance of 290m. • Rush Creek Line — from the west side of Bank Street to the east side of Imperial Road, being a distance of 252m. • Bank Street — from the north side of Rush Creek Line to the south side of Imperial Road, being a distance of 146m; and, THAT the Ontario Provincial Police be notified of these changes. All of which is Respectfully Submitted Approved for Submission Michael Plant Julie Gonyou Director of Engineering Services Chief Administrative Officer 31 •Temporary Bridge Traffic Control 32 NOT TO SCALE E�, REPORT TO COUNTY COUNCIL FROM: Stephen H. Gibson, County Solicitor DATE: August 8, 2018 SUBJECT: License Agreement — North Erie Marina — Temporary Boat Launch — Lewis Street (South of Rush Creek Line), Malahide Township (Port Bruce) INTRODUCTION: The purpose of this Report is to seek authorization for and execution of a License Agreement with North Erie Marina for use of a temporary boat launch now constructed within the Lewis Street road allowance, south of Rush Creek Line, in Malahide Township (Port Bruce). DISCUSSION: During its meeting of July 24, 2018, County Council authorized temporary removal and suspension of public access to and rights of passage over the Lewis Street road allowance to facilitate construction of a temporary boat launch for exclusive use by North Erie Marina ("NEM") as a mitigation measure to offset interference with its operations by construction and/or use of the temporary bridge across Catfish Creek. Construction of the temporary boat launch is complete. While it was originally contemplated that use of the temporary boat launch by North Erie Marina would be governed by terms of a lease, it is now proposed that given overall circumstances and arrangements, such use is more appropriately controlled by a License Agreement incorporating appropriate terms and conditions, including those forming part of a partial settlement of claims. Successful negotiation of such License Agreement have been concluded incorporating, among others, the following critical provisions: (i) effective term of the earlier of 3 years or closure of the temporary bridge with an over -arching provision for use during periods of interference with existing launch prior to disconnection of the temporary bridge from the north bank of Catfish Creek; (ii) nominal annual license fee; (iii) covenants by the Licensee for, among others: (a) use only for a single lane temporary boat launch, particularly for vessels and watercraft up to 30 feet in length; (b) operation of the launch in a safe and prudent manner; (c) repair and maintenance of the launch against normal wear and tear; and (d) compliance with all federal, provincial, and municipal regulations and by-laws 33 (iv) restriction of use of existing boat launch while temporary boat launch being used; (v) indemnification of the Licensor by the Licensee; (vi) insurance coverage (liability) in favour of Licensor; and (vii) obligation on Licensor to maintain and repair the structural components of the temporary boat launch. A draft of the proposed License Agreement is attached for review. CONCLUSION: It is prudent to authorize and execute a License Agreement to govern use of a temporary boat launch offered to North Erie Marina as a mitigation measure against negative consequences of construction and use of the temporary bridge across Catfish Creek. The proposed License Agreement, as negotiated, is the logical `next step' relative to the Lewis Street road allowance, south of Rush Creek Line, following restriction of public access to and passage over such allowance as previously enacted by County Council. RECOMMENDATIONS: THAT the Report titled "License Agreement — North Erie Marina — Temporary Boat Launch — Lewis Street (South of Rush Creek Line), Malahide Township (Port Bruce)" dated August 7, 2018, be received and filed; and, THAT County Council authorize and direct the Warden and Chief Administrative Officer to execute the proposed License Agreement on behalf of Elgin County. All of which is Respectfully Submitted Approved for Submission Stephen H. Gibson Julie Gonyou County Solicitor Chief Administrative Officer 34 10-1:41LUT100a F-11", L I III This Agreement made in quadruplicate this day of August, 2018. 12 EOHIHI�M INNIZAIZA WHEREAS Elgin exercises jurisdiction over certain lands within the Townsh:ip of Malahid'-q and comprisingi, in part, part of the unopened road allowance for Lewis Street (South Rush Creek Line) in the Township of Malahide in the County of Elgin and Province Ontario; I AND WHEREAS Elgin is in the process of installing, erecting, and constructing a temporary bridge spanning Catfish Creek within or near the Village of Port Bruce in the said Township of Malahide and County of Elgin, such temporary bridge to allow passage of vehicles and pedestrian traffic-, AND WHEREAS, as one mitigation measure to offset the negative consequences of the instaation, erection, construction and use of such bridge upon the operation of North Erie Marina as located adjacent to the Bank Street road allowance on, the north side of Catfish Creek, Elgin will or has constructed a temporary boat launch for exclusive use of North Erilz Marina within its operations, AND WHEREAS agreement has been reached under which the temporary boat launch shall be licensed by Elgin to North Erie Marina in the circumstances and for the purposes set forth above; NOW THEREFORE in consideration' of payment of ONE D�OLLAR ($1.00) by the Parties hereto each for the other and the mutual covenants othen/vise set forth herein, or in that certain Memorandum of Understanding between the Parties as dated the day of August, 2018, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties hereto covenant and agree as follows: (a) "Director" shall mean the, Director of Engineering Services of the Licensor or -his or her designate; and (b) "Licensed Area" shall mean that part of the unopened portion of the ro allowance for Lewis Street south of air Creek Line in the Township of Malahl in the County of Elgin and depicted approximately in yel�low on the sketch attach as Schedule "A" hereto. a) The Licensor hereby licenses use of the Licensed Area to the Licensee, subject ta the rights in the nature of easements set out in clause 2(b) hereof, for a maximum potential term of three (3) years commencing August 7 2018 and expiring on August 6' h , 2021, or the date upon which vehicular traffic is no longer permitted to ,use that certain temporary bridge across Catfish Creek between the Bank Street road allowances at oage of Port Bruce in the Township of Mal'ahide and County of Elgin, whiichever is earlier, and on the terms and conditions set out in this Agreement; provided that, notwithstanding the expiry of the term of the License contemplated herein, the Licensor otherwise agrees not to remove the temiporary 35 (b) The Licensor and any agency (whether governmental or otherwise) owning or operating a public utility as that term is defined in the Public Utilities Act, R.S.O, 1990, c. P. 52, and their respective successors and assirll have the right: W to install, maintain, repair, replace, reconstruct, enlarge, inspect or test any pipes, cables, meters or other plant whatsoever on, under or adjacent to thtr' Licensed Area as part of, appurtenant to or in connection with any such public utility; and by their respective officers, employees, agents and contractors, to enter upon the Licensed Area, with or without all necessary or convenient gear and equ�ipmient, for the purposes set out in clause (b)(i) hereof. The Licensee shall pay the Licensor and annual license fee consisting of the fixed sum of ONE DOLLAR ($1 .00), if demanded, first payable on the 7th day of August,, 2018 and thereafter on the 7 th day of August each and every year during the currency of this Agreement. MMMM9MM (a) The Licensee covenants with the Licensor: (H) to pay all charges (including penalties and interest) for water, electricity and other utilities supplied to the Licensed Area, directly to the supplier thereof in each case; not to make changes in surfacing, grade or landscaping, at or on the Licensed Area, except in accordance with plans therefor which have been submitted to, and approved by, the Director, such, approval not to be unreasonably withheld, and to make any such changes expeditiously in a good and workmanlike manner (including proper clean-up to the satisfaction of the Director); (iv) to keep the! Licensed Area in a clean and well -ordered condition, and not to permit any rubbish, refuse, debris or other objectionable material to be stored or to accumulate in the Licensed Area, all to the satisfaction of the Director; (v) to use the Licensed Area only for the purposes of a single lane boat launch for vessels and watercraft, including and in particular vessels up to thirty (30) feet in length-, (vi) at all times, to operate the boat launch constructed upon the Licensed Area in a safe and prudent manner and in keeping with the conventions, standards, rules, and protocols of a launch facility open to and used by the public, o including but not limited to: 1. employment of trained and competent personnel to assist users of the boat launch facility while launching vessels and watercraft into or removing vessels from the, waters of Catfish Creek; 2. provisions of appropriate supeon of personnel employed at the boat launch facility and otherwise assisting users of such boat launch, facility while l�aunchiing vessels and watercraft into or removing vessels from the waters of Catfish Creek; 36 3. ensuring, the availability of appropriate safety and/or life saving equipmenj at or near the boat launch facNit�y', to repair and maintain the Licensed Area, including and in particular the boat launch facility constructed thereon, as against normal wear and tear and only after written or eilectronic notice to the Director and in accordance with any direction from the Director; (viii) not to assign or sublet their right under this Agreement without leave; (ix) not to erect any signs, buildings or other non -landscaping structure on the Licensed Area without the written consent of the Director, such coo be unreasonably withheld; (x) r- that nothing is done or kept at or on the Licensed Area which is or may bea nuisance, or which causes damage to or interference with normal usage of any adjoiin�ing property, provided that the use referred to in paragraph (v)i, and the vehicles, supplies and equipment necessaffly dental thereto shall not be deemed to be, in and of themselves, a (xi) not to store inflammable or explosive substa,nces at or on the Licensed Area, to comipederal, provincial and municipal laws, by-laws, rules and regulations affecting the Licensed Area, including obtaining of all necessary permits and licences not otherwise obtained by the Licensor and to save the Licensor harmless from any liability or cost suffered by it as a result of failure of the Licensee to do so; upon termination of the License contemplated herein, at its own risk and expense, to remove from the Licensed Area within ten (1 Oi) days, any fixtures and chattels bielongg to it, with all damage, if any, caused by such removal made good by it and to leave the, Licensed Area neat, clean, level and free of all waste material, debris and rubbish, afl to the MN on; and (xiv) that upon failure by the Licensee to comply with any covenant or obligation incumbent upon it under this Agreement within ten (10) days after written notice requiring such compliance is given by the Licensor to the Licensee, the Licensor, at its sole option and upon the decision of the Director, may suspend or terminate the License contemplated herein and the Licensor may enter upon and reposses the Licensed Area to the exclusion of the Licensee or, if applicabe, may enter upon the Licensed Area and complete such works as may be required tofulfill any such Licensee covenant at the sole expense of the Licensee, who shall forthwith reimburse the Licensor for the cost of such works within seven (7) days of receiving an, invoice in respect thereof. (b) The Licensee accepts the Licensed Area, in the condition, existing at the date of the commencement of the Term and the Licensee shall be responsible for the cost of any alteration or improvements it proposes to facilitate use of the Licensed Area for the purpose set out in paragraph (v) of clause 119MIE 11 1511 It is understood and agreed between the Licensor and the Licensee that during the Term of this Agreement, the boat launch constructed upon the Licensed Area shall be for the sole use of the Licensee and its authorised customers, invitees, servants and employees. As further consideration for and a condition of the granting of the License contemplated herein, the Licensee agrees, to restrict its use og boat launch upon its marina lands (as located east of Bank Street and at the extension of the current trave!lled portion of Rush Creek Line and hereinafter referred to as "the existing boat launch") as follows: 37 I Ela (a) Concurrent with the commencement of use of the temporary boat launch for which the License herein is granted, the Licensee shall erect a chain of a size, weight and design to the satisfaction of the Director and to block access to the existing boat i launch; provided further that the Licensee shall keep and maintain such chain as a block to the existing boat launch during the term of the License as contemplated herein save and except in the circumstances permitted below. (b) During the Term of the License contemplated herein, the Licensee shall not use the existing boat launch except in the following circumstances: (i) when the temporary boat launch for which the License herein is granted is, by its condition or the levels of Catfish Creek as determined by the Director, unavailable or unsuitable for use; and (ii) when the! watercraft or •vessel to be launched into or removed from the waters of Catfish Creek, by its size, dimensions, weight, or contemplated displacement, cannot be accommodated effectively or safely through the temporary boat launch for which the License herein is granted; provided that, for purpose of clarity, it is presumed that only vesse:ls of a length exceeding thirty (30) feet shall require use of the existing boat launch under this exception. (c) In circumstances in which the Licensee shall utilize the existing boat launch under the exception set forth above: (i) the Licensee shall lower the chain blocking the existing ramp only to allow launching or removal of the qualifying watercraft or vessel and shall immediately reinstate such chain block; and (ii), traffic utilizing Bank Streeit and/or the temporary bridge across Catfish Creek shall neither be impeded nor interfered with by the said use of the existing boat launch, incluided by the qualifying watercraft or vessel or any associated motor vehicle or trailer. ompealml (a) If the Licensee makes an assignment for the benefit of creditors, or becomes insolvent or commits an act of bankruptcy as defined by the Bankruptcy and Insoivenicy Act, R.S.C. 1985, c. B-3, or if the interest created by this Agreement is at any time seized or taken in execution or in attachment, or if the Licensee or any assignee is w- _d to voluntary or compory liquidation or windg-up, or if the Licensed Area becomes abandoned, then:, at the option of the Licensor, the License shall cease, the Term, shall be at an end and the Licensor may re-enter and take possession of the Licensed Area. (b) Notwithstanding any present or future statute of the Ontario Legislature, none of t Licensee's goods and chattels on the Licensed Area shall at any time during t Term be exempt from levy by distress for license! fees in arrears, and the License having waived any such exemption, shall by this clause be estopped from setti up any such exemption in, any proceedings between the parfies. /c This Agreement makes provision for re-e:ntry by the Licensor on non-payment of license fee or nion-performance of covenants. W Licensor or its property in respect of any loss, damage, or injury (including fatal injury) to any person or property (including, without restriction, employees, agents and property of the Licensor or of the Licensee) directly or indirectly arising out of, resulting from or sustained as a result of the Licensee's use of the Licensed Area or any facilities, fixtures or chattels in this Agreement, except to the extent attributable to the Licensor's negligence. (b) The Licensee shall, at all times during the currency of the Term of this Agreement and at its own expense, maintain in force insurance coverage with respect to the Licensed Area and its use and occupation of the Licensed Area, and shall provide the Licensor with certificates of a policy or policies of an insurance company or companies to the Licensor for: (i) insurance against loss by such insurable hazards as the Licensor may from time to time reasonably request; and (ii) liabifity insurance for bodily injury, death or property damage up to FIVE MILLION DOLLARS ($5,000,000.00). Every policy or policies of insurance maintained by the Licensee shall provide cross -liability coverage and waiver of subrogatio�n, and' the Licensor may require the Licensee to supply evidence of such insurance from time to time, (c) The Licensee shall at all times indemni' and ood save harmless the Licensr frm an fy against any and all claims, demands, losses, costs, charges, actions and other proceedings under the Construction Lien Act, R.S.O. 1990i, c. C. 30, in connection with any work done for the Licensee at or on the Licensed Area, and shall at its own expense pirrtly see to the removal from the registered title to the Licensed Area, of every claim for lien oir certificate of action having to do with such work and in any event within seven (7) days of being notified in writing by the Licensor to do, so, failing which the Licensor may see to such removal and recover the expense and all attendant costs from the Licensee as rent owing and in arrears. (d) The Licensor assumes no responsibility for damage by fire!, theft or otherwise whatsoever, to the goods, chattels, fixtures and improvements of the Licensee or of any other person except to the extent caused by the negligence of the Licensor or any person(s) for whom the Licensor is at law responsible. (e) The provisions of this clause 8 will continue to apply, notwithstanding cessation of the License created by this Agreement, throughout the period(s) during which activities take place pursuant to paragrapof clause 4 (a) of the Agreement. rm I EZIIKQ @I, ogg It'74111m fft Oil MKQA&ZMIK4JM IMME R B011MAMAI (b) The Licensor shall make reasonable efforts to complete any exercise of its rig!hts under clause 2(b) of this Agreement expeditiously, and upon such completion shall restore the Licensed Area substantially to its condition immediately prior to such exercise. (c) Subject to the Licensee's obligation set forth in clause 4(a)(vii) and to the satisfaction of the Director, the Licensor shall maintain and repair t�he structural components of the boat launch to such reasonable condition so as to aow its effective use for the purpose set forth above. I M a I :105 The authority of the Director shall not be deemed to be exhausted by any individual exercise thereof, and in the matters for which he or she is to be responsible under this Agreement, the Director shall be the sole judge whose opinion and exercise of discretion shall not be subject to review in any manner whatsoever except as expressly otherwise indicated in this Agreement. 39 L*3Ata1Q4j111jKWX*1f MIA (b) No waiver shall be inferred from or implied by anything done or omitted by the Licensor. (c) Any written waiver by the Licensor shall have effect only in accordance with its express terms. (d) All rights and remedies of the Licensor under this Agreement shall be cumulative and not alternative. The termination of this Agreement by expiry or otherwise shall not affect the liability of either Party to this Agreement to the other with respect to any obligations under this Agreement which, has accrued up to the date of such termination but not been properly satisfied or discharged. UUMENUM (a) Any notice pursuant to any of the provisions of this Agreement shall be deemed to have been properly given if delivered 'in person!, or mailed by prepaid registered post addressed: (i) To the Licens,ori 450 Sunset Drive, St. Thomas, ON N5R 5VI (ii) To the Licensee48464 Rush Creek Line, AylmerOntario, N'5H 21 or to such other ad resses as either party may notify the other of, andin the case of mailing as aforesaid, such notice shall be deemed to have been received by the addressee, in the absence of a major interruption in postal service affecting the handling or delivery thereof, on the fifth (5th ) business day, excluding Saturdays, next following the date of mailing. imffiel ilotwithstanding anything to the contrary contained in this Agreement, if either Party hereto is bona fide delayed or hindered in or prevented from the performance of any term, covenant or act required hereunder by reason of strikes; labiour troubles; d�elays during the construction process unless caused by the gross negligence of the Licensor; inability to pocure materials or services; power failure!; restrictive government laws or regulations; riots; Insurrection, sabotage; rebellion; war; act of God; or other reason whether of a like nature or not which is not the fault of the party delayed in performing, work or doing acts required under the terms of this License, then performance of such term, covenant or act is excused for the period of the delay and the Party so delayed shall be entitled to perfoirm such ter, covenant or act within the appropriate time period after the expiration of the period of such delay. 15, MISCELLANEOUS (a) Each obligation or agreement of the Licensor or the Licensee expressed in th" Agreement, even though not expressed as a covenant, is considered to be coivein�ant for all purposes. I (bi) The captions, headings, section numbers and clause numbers appear in thn Agreement are inserted' only as a matter of convenience and in no way define, lim construe, or describe the scope or interest of such sections or clauses of th Agreement nor in any way affect the License contemplated herein, I /c The words "hereof", "'herein", "hereundee' and similar expressions used in aw section or subsection of this Agreement relate to the whole of this Agreement and not to that section or subsection only, unless otherwise expressly provided, The W necessary grammatical changes required to, make the provisions of this lease appIy in the plural sense! where there is more than one Licensor or Licensee and to either corporations, associations, partnerships, or individuals, males or females, shall in all instances be assumed as though in each case fully expressed�. (d) If for any reason whatsoever any term, covenant, or condition of this Agreement, or the application thereof to any Person or circumstances, is to any extent held or rendered invalid, unenforceable or illegal, then such term, covenant or condition is deemed to be independent of the remainder of the Agreement and to be severable and divisible thereform, and continues to be applicable to and enforceable to the fullest extent permitted by law, Neither Party is obliged to enforce any term, covenant or condition of this Agreement against any Person, if, or to the extent by so doinig, such Party is caused to be in breach of any laws, rules, regulations or enactments from time to time in force. F ke) Except as herein otherwise provided, no subsequent amendment or change to th* Agreement shall be binding upon the Licensor Ni the Licensee unless in writing a signed by the Licensee and by an executive officer of the Licensor under t Licensor's corporate seal. 0 1 ONINiMO, (h) AH rights and liabilities, herein granted to,, or imposed upon the respective Parties hereto, extend to and biind the successors and ass,igns of the Licensor and the heirs, executors, administrators and permitted successors and assigns of the Licensee, as the case may be. No rights, however shall enure to the benefit of any assignee of the Licensee unless the assignee to such assignment has been approved by the Licensor in writing. If there is more than one Licenseei, they are all bound jointly and severally by the terms, covenants and conditions herein. IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be! executed 0 their respective authorized officers and/or representatives which are duly authori so as of tiie di,9te! firstavrittet above. in the presence of 41 09 .ter.- Narne: Julie Gonyou Positiot: CiJef A,4tti1.istrPtive &',Yicer M1 01 flame: Gregory Edwards Posit�ion: Partner WOM141411im- - A I I SCHEDULE "A" W .................................................... N, f y HM �151/ Or W JIM= 1, Robert Biron, President and CEO, at. Thomas Elgin General Hospit althanking Council for opportunity to present at the July 24th Council meeting and for their support regarding funding deficiencies for MediLln'l SiZed l' iOS,pltak. 2, Geoff Hogan, Chief Executive Officer, Southwestern h-itegrated Fibre Technology Inc. with a SWIIFT Capital Partner Update. 3. 1'"A (Bert), McDonald, Inspector, BLIreau Manager, Municipal Pclic,ing Bureau, Ontaric Provincial Police infon-ning Council that they will be at booth #513 in the Exhibit Hall at the 2018 AMD Conference or they are a1 available to mt at a more convenint schedUled time. 43 0 180 FF-Im Street P 51 1-2031 fop tA" h ama N -63 s E g i n St. Tharnas, OF 5191-1525 9Genera.1 Hospital Canada N5R 5C4 TTY 519�1-7789 wvjw,steqh,on. r,,a County of Elgin Attention' Warden Dave Marr 45O Sunset Drive St. Thor"las, ON N5 R SVI, Dear Mr. Mliarr. Thank you for the opportunity to present to, Elgin County Council on TLu2sdaV July 24"" and being placed an the, agenda on relatively short notice, We greatly appreclate the matt of support regardingour advocacy approachfora(jdrre '5 , sing fundiing tlefiiciencie5 far Med4im Sized Hospitals. Fher voices of our municipal leaders at the upcorningAM0 Conference will definitely acid impact to the cmise. In the eventCouncil wishes to, write letters in support., the key messages were delineated iin our prLsentatiojr'j. If you require further information, please contact: us at anytime. We suggest sending letters to the following provincial elected officials, and feel free to copy the Hospital: Honorable Jeff Yurok Minister of Naturall RP�Mirces and rorestry 750 Talbot Street, Sufte 2.01 StAhornas, Ontario N5PH2 ME Honorable Chri5tinc Elliott Minister of Health and Long -Term Carp rind Deputy Promiler .10"' Hoor, Hepburn Block 80 Grosven or Street Toronto, Ontario M7A 2C4 Again, thank you for your Support and we look forward to keepingymi informed on this, and other hospital activities. Sincerely, Cathy Crone Shard Chair M Robert Urian President and CEO Copy: Jjjlie AdminjArativv Officer, Elgin COUnty D'eli'vel eizir C.�Pe; ofu Warden David Marr Elgin County 450 Sunset Drive St, ThornaN N5R 5VI July 30, 2018 To Warden Marr & Council, Southwestern Integrated Fibre 'Fechnoft,,),gy Inc. As per your capital agreement with Southwestern Integrated Fibre Technology Inc, (SWIFT) and OUr commitment to provide a, bi-annual report, I am, writing today to share: an update on the project as we work toward realizung our goal of bUfl&ng critical fibre-optic broadband infrastruCtUre across Southwestern Ontario, Caledon and the: Niagara Region. SWI FT is working to irnproVe Ultra -high-speed fibre optic Internet access for mnore than 3.5 million Ontarians across approximately 350 communities, serving 25% of Ontario's, POPUlabon. As a rnembe. r of SIVVIFT, you are part of a collective buying group that Ihas significant broadband purchasing power, The project is leveraging over $180 million in comil Inves,trnenits by the federal and provincial governments and ower $17 million In investments by municipalities across the region, SWIFT is delivering significant value to its, members by maximizing procurenient effidencies, and best practices in a consistent and transparent way, As a buying group, SWIFT is also ensunng greater competition between telecorn cerviw providers which will lead to better services at lower prices in member communities,. Member hip News The SMU team has been working hard to expand Mir membership base and increase our already significant buying Power., SWIFT now represents the combined connectivity interests of all 15 members of the: Western Ontario Wardens' Cauous Inc. �WOWC),. This includes: Brant, Bruce, Chatham -Kent, Elgin, Dufferin, Essex, Grey, Huron, Lamblon, K,ddlesex, Norfolk, Oxford, berth, Sirncoe, and Wellington Counties, in, addition to leadership frorn'the COUnty members of the WOVVC, London, Barrie, Caledon, MwImer, OhIlia, London, VVIndsor and the Niagara and Waterloo Regions are also supporting the project, 799flrandway NON ["F0 W 519-914-E108 Q— www ,swiftnetwork.ca 45 SVV1FT'has also been workling to engage: First Nations across the, region in the project, and is pleased to welcome support from First Nations, members, including Beausoleil First Nation, Chippewas of the Kettle andStony Point, Delaware Nation — Moravian of the Thames, Saugeen Ojibway Nation, Caldwell First Nation, and Six Nations of'thie Grand River. Broader public -sector rnernbers and consortiurn members include Connecting Windsor -Essex (CW -E):, Georgian College:, Grey Bruce Idealth Services, Chatham Kent Lambton Administrators Group (CKLA,G), the Ontario Federation of Agriculture, Niagara CIO Consortium (N ), Sirricoe County Access, Network (SCAN), and VVREPnet (Waterloo Reglon Education & Public Network),. Private sector members include AgReliant Genefics, Inc./Prime Seeds, Ascent LLP, Beyond Air Networks, BrQce Power, FTC Data, Ilnterlwlarket Real Estate Group, and [-,one Canoe,. SWIFT now represents the purchasing interests, of more than 2,400 member -sites, including municipalities, First Nations, hospitals, schools, school boards, and other large public and private. enterprises across the region. Financiat Update As per our Gappal Agreement, we have attached our audited financial statements for your information, In May 2017, SWIFT launched a two-stage Request for Pre -Q ualifi cation (I FP The intention ofthe RFP process was to identify qualified Telecom Service Providers (TSPs), specific servi':ce gaps across the region, and determine priority areas for eligible investment by SWIFT., Through this, process. 28, TSPs were pre-qualffied, The fin,61 Hst was released in July 2017'. SWlFT released its, first Request for Proposal (RFP) on January3rd, 2018. During this phase of'the project, our pre -qualified TSPs, will be able to Submit a proposal in response to the IFP for the first phase of netwark constrUCb0n. SWIFT is using a multi -stage procurement process to ensure the goals of the project are achieved 'with in our projected tirnefine. Throughout this period, SWIF-r is continuing to consult with rnembers and seek as, much in1on-nation, from TSPs as possible to ensure we invest in the right infrastructure, In the right place, at the right tinie, in order to rinjaximize the impact of our investiments while minimizling any potential for overbuild, The SWIFT Board of Directors approved the release of an RFP to build fibre �nto the Delaware, Nabon at Moraviantowr. The RFP was released June 29, 2018 and will close August 1, 2018, This nneans, that customers wl'fl be connected to SWI FT funded infrastructure in 2018, We anficipate the next phase ofconstruction, to spread across the region in 2019. 2. o r 4 M As SVV1,FT moves throughthe RFP process, 4 is important thatwe continLie to, build our membership base. The more sites we have committed to the network, the more Influence we willi have whin service providers and the more competitive the resulting network bids and build will be for participating members, Membership Opportunities SWIFT membership is open to any community or organization that needs connectivity to any of its Locations, Lower-fier municipalities, schools and school boards, CC)llegeS, Universities, hospitals and health care orc ganiza,flons, First Nations and private businesses are all welcome to join SWIFT, Please consider encouraging lower -tier municipalities,, PUb[c sector organizations, and p6vate enterprises in Your, COMMUnities to Join SWIFT as rnerribers. Annual membership rates, range frorn $250 to $2500, depending on the number of locations that they commit to the network. Members benefit from SWIFT's significant procurement expertise, including aggregated demand, negotiated rates, and support in preparing RFPs for bmad1band services. As a buying group, SWIFT aisc ensures greater competition between teleCrCM service providers which will lead to better services at lower p6ces in, member cornryiunities. SWIFT supports member's with a standards-based approach to infrastructure investment, including advice on service level agreements and ensuring core standards are met. Members ilso banefitfronn SWIFT's extensive experience in advocating on behalf ref commuNties, andconSUniers. Being a, member rneans your voice is heard. Membership Rates Regardless of the size of your community, where you're located, orwhat sector You represent, OUr membership rates are based of the principal of equal access, Rates, are based on the number of sites you.ir organization com wits to the S'H'IFT network, Sites Annual Rate 1 ... . ..... . . . . ......... $2 5D 2-10 $500 10-25 $1,000 25-50 $1,500 50-100 $2,0100 Over 100 $2:,500 SWIFT Survey To connect everyone as, effectively and efficientIy as possible, we're collecting information about how residents, forms, and businesses, Currently use the Internet, This Information will help us to determine where wewill invest our funding and support SWIFT in achieving Our go6ls of building "broadband for everyone," Your parficipation in, this survey is cnrnpletely N= 47 voluntary and you imay opt out of'any question in the survey. All of your responses will be kept confidential. They will only be used for statistical purposes andwill be reported only in a g g re gat d form. To complete the survey, please visit www.sr iftnetwprk.ca�sgvey. If you do not have time to fill in the complete Survey please complete a speed test at hitp,s,:"'/jg,,erfornianc,e.cura.cadswift, We encourage everyone to fill on our sLArvey sue that our research partners at the Nett J1viww.r2b2nroiiect.qa1 can rneaSUre the, effectiveness of our pubic investrnent ill broadband. If YOU WOUld like additional inforrnation about our progress and plans for the future, please do not hesitate to connect with use at GeoffJHqgan@s,mAneKvork.qa or 519-914-1308. For rnaore information about m, embership, please contact Adrianar Dekker, Stakeholder Relations Manager, at Adriana,Qe,leer �iftnet�wcrk.iqqa or 519-914,-1308. Thank you:, again:, for YOUr investment in SWIFT and YOUr leadership in supporting "broadband for everyone" across our region. We truly believe that this project will be a game -changing Investment in the future Of Our romrnun4ies, and we: could not achieve our goals without your SUPPOl't, Sincerely, Geoff Hogan Chief Executive Officer SWIFT Inc. End, M 4 r4 Resolution AGM 01-2D1.8-06 SO'UTHWES"I"ERN INTEGRATED F1,1311,EATCHNOLM. . WYINC. FINANCIAL., STATL I MEMIS DE,CEMBER 31, 2016, m rNINC. SO UTIIWE STE.10" INITC.RIA ni,',J) FIBRE TECI-l'N(I)l.j(),(;,w, DECEMBER 31,2016 CONI"E'N't'S Manag!cnictifs ResponsUlity 661, dic Finavckd St,,,tlemonls I Independent A.Liditfuls Report 2 swtellicril, cp(I"iflaricial llusi[iun 4 statenlen't Stute,ment o,fCh,,,jogc in lel Fhoodal Assets 6 Statemen't of Cash Flow 7 'Notes to the [Inancial Statervients 8 50 Srl,l,e SOUTH)VU., ...JIINI'N"I"lid('J',IIA,TE,DFI,,B,R,,F',TECH,NO''l-d(")("]'rY' INC. MANAGITMENT'S, I HE SII AN'C I A. L STA TEM ENTS ,nic acconipanying flinmocial statenients ol' the Soudiwcs,tcrn Integrated Fibi,Q Technology Inc. (the Oirganization") NO respollsibi, I ity c) r tho Organi zation's nian aj-pnrn t arid have becri prepared in accord nx a wlLh C"anudlan public sect"ur accoundlig Sullidards, established by the Public Sector Accounting 130ard ol"the Chartered ProFassional Accountants (ACariada, vis described in Note I lo the firuni6fl sialuments, The pteparation <,)I rimin6al stawments necessarily involws, the tisc a tjmates based on numagenient's judgmeni, pullicularly wken transac.lions affecting Ille clirl-cril accounting ptmiod cannon be, finalized with certainty until finUre peri uds, The Organizzition,'s, nlatiagernent, innintaiias a sysicni, of internal conLrols desiguted to provide rems'Onable as rruwrur,daw that assels, are, safeguarded, trainsactk"ni.,", are pl,op-.1-ly authorized and i"ecorcled (in accordancc�, will Canuflan piklic sector accounting stanchirds, estahlisficd by t1w Pul,)lic Sector Accounting, Board dr the Chartercd Ulrotbssional Acwurllarlt.,,, of Canada), and reliabte finuncial iulbrrrallon is awdlable on a tin-lely basis f'or proparalion cd'flie finuicial slaternents. These systems ave itiordwired, and evaluated by mainagctri,,-n4- Tlic Board of Directors rilcl;C1. With inallapenlet'll. and the exterl-in] aufflior to review the firianc4d slalmints, and discuiss arty significant financial repolthig or lraernal control rnatters prior to their appi-cwal of"the filluncial statements. 'I"ho flinancial slaternents have beexi audited by Collins l3arrow S(33 audilur appointe(I Vry the Ort"Y'anintion, "tho accornpanyine, Independmil Anclitor's Rq)cm outlines their resp on�ibilifies, the scope ol'th,Or examinaion and thcir opinioti on the ,-1, . . . . .. .. .. . . . .. ...... .. ............................ . ........ . . . . . . ..... OfTicer [)cccm ber 8,20 17 51 (INDEPENI)VA"I" XUDUFORS REP0,RT To the HuwA cif'Direct.ors, and Metnbers, (if Sotahwesterri JoWgMtCd FWRYeI`CClHIC40gY ITIC.; Renwrt ( n tile Financial Switemerib We have al"I(fitt'd tht aw') n,'rpanyi jig financial statements Of' SMAIIIATACI�rl ]JACgIIJU,d H11M TeQ1111010gy Jr1c,' which comprise the Stammma of financial position as aCDcccmRr N, 7W6. and Me shiternmIq W'opemlimm 0xinge in net ni=60 umds atid cash Oow R -)r A year then ended, and annrrimmT of Qdnmnct accouWhip, policies and other explanatory hilormation. m"011 ygns wlamm�nTs- Ro L AlAity forthe Fillancial Statements Managernew is re�ponsil>k for th,c pmpamdoa UMI AIJI- and IlJCSVI f 10111K-141] "'t'nemerlis in accordance mMh Cwtutdan public scaor iccouritirg standa,rdN and ICA' Rich inierfroll controi as ltmmagemeW delern&ws is. necessary to enable the prepar"Aticill of' 111riancial staternents Haat uc five Born winwNW adnNhimm9cwhKer due tel F111LICI OT AuMbes is :n nu ilutllf oul. resporisibility is W expmss an npinh)n mi thme fire ncial staknents hased cath our audit. We conducted 0U.1 - audit in accMance wili Canadian gownilly acmpted wAkIng swndlaM& Those suuidkirds MqUAI-C 013L WC coin,ply with, clbica[ requininents ok Pan and pmAnn the audit k) abMin icus"'Irlable Assurance abol:l( wficth,er the fliDAncial ,,,tatements ate free fironi rilaterial Inisstateinellt. An etAt involves perforrning 1),iocedums to obtak alldit CVidWUXT AM 60 MUOLUFAS and disclosurcin the Fina n.cial slatcnicNs. "Fhc procedures selected depend on the audikAjudgnidni, including the iissnsiuent of the risks of'inatcrial inissta(Linent of the Rrianciall wlicthcr due to fraud orcj.ror. In ttiaking thuse risk n. rar arrant 01C aUdkor cwWdus inteniS umvrol relevant to tfie Organivation's prepaiaticin and t'Hit- proswaian of the financial statements ira order to de�igii awfit procedures [I'vit ,,are approprialo, in the circurnstancos, but nW Ir Me purpose ul" exl1ressing an Upown on Me ORRUM"cas of am (AgWRAW's interrial coritn"A. An audit aim) Aludes evahAng the approprAtcness (A' accouritiiig policics, wsed and (lie reasonablenes,', ofaccounting,estirnalas madc by T11FI11,Hgarnew, as well �iq (.-,vakwating the overall prSentation of Clic Iniancial st'jfwnents We bdievn Ow the awfit evidertw we have obtained is sufficient and appropriatc, to provide a Ina sis f6j: our audit jnhort. QNQ AI411011 In our 00aku" Q anacial StateTnents prescrt f1drly, in zill, r-notcrial respacts, the floaridal, posifici,a of Soulmmswro hAepated Fibre 1'eohnology Inc. as at Deeviniher 11,20 116, an([ the results oohs operafiory, and iN cnh flows Mr Me year A= crided hi accordance SWRIL Calla&irl pUblic, sector EICCULIfiting stawkir'ds. 52 C10I.A.ANS' BARROW SCxBLLP 'I Irv, A i av, , i tl"'i!ievvy"11YA jr NDEPENDEAT AUDIJ'OR'SREP0R,T Empliasis of Matter We dimw nUentiou to 'mole 2 to the finarich,11 stateinent which describes that South,western Infograteut T-Ibre Tcc,1-jn(:)1(:)gy Inc. adat")Led, Canad: jan public scuor accounting standards on January 1, 2016 widi, a transition dat<,: of October 19, 2015These standards were, applie(I remispecilycly by nianagement lx) the con-ilmrative inf-im,nation, in these fhaincLal slate.rrients, inc,111(fing the s11.111ternents of fijn rrgciar posilinn at Detember 31, 2015 "mid OCA-cibQr 19, 2015 and (lic state menis, of`(, pera:tions, ohange in net fitnaticial assets and, ctish flows fear Lhe perk)d ended Deceirher 31, 2M wid rdated disclusuruWerere not cngug;ed ki repurt on ttie restaled comparative inthi-mation, and a� �uch, it k not -uidlkui &ff4" F=mw s5U.440 Licensed Public Accm.nitunts Collingwood, On Deceniber 8, 2017 T I W�� Alto 1P, and ojwoted byiffing Rivrow �(,'H,IJ 11, Tho Cullills Bivi,ow oadmialks arv, mqued by ("OffiRis Aimuow hicurpumLatund mu usud =axdcn licurpsa. 53 10 SOUTHWESTERN INTEGRATED FIBRE TECHNOI IN''C". STAMMENT'OF FINAM '-1 AT, POST'llON AS Al' Dff,EMBER.31 See, le"c'umpallyi,rig notes to the f-mannul SuMernent"s in 54 2016 20' 5 S $ Jnaiidfted) (Nok; 2) Fillancial Assets Accounts muivable frontnert0tvrs Due fl-mli Western, Onvarjo Wardens" Ca.ucus 58,909 - H"f recovell-able 6,738 (jovernn'tent grants reccivable (Note 7) 1682000 1794,458 Habilifies, Accounts payablc and ncruals 161,491 Due 10'westarll Ontario Wordem'Caucus - 161,491 711697 Net ling tial assets (net debt) "arid accurnulatet! sta-IjItts (deficit) (Not(,, 4) 2 6,32 ;l 967' 71 697 ApprovedI . .. ....... — ------- March 3, 2018 Data See, le"c'umpallyi,rig notes to the f-mannul SuMernent"s in 54 SOUTHWESTERN INTEGRATED FIRRE ITCHNOLOGY INC. 'icc accompanying', notasto the linancial stolenwills 5 55 STATUMfATOF OPERATIONS FOR 'THE YILA"14 UNOIEDDECEMBE'll 31, 201,6 "JWij!L���eN fill" r d te :ie Hod end ed 1) ecem b er 31, z 2.0g w 13 udg Ct Achm] Accu it 2016 2016 2015 $ $ (Unaudil-cd), (Note 2) Itevela"lo Contribi,ilions iron criernbers (Note 6), 51 0,0,00, 2,975,811 —GlovellIm'CrIt gr im (NoLe 7) - 168.000 510,000 3L1 43 8 11 .............. 70,9000 EKpenscs (No[c,S) C'onsulling 510,0oo, 30,8,17.3 927,842 Marketirig, 5,306 966 miss efla"Cous - 6,525 - Offl,oc OXI)cmsc - 2 (14 I'mi'ass"JonRl 1:�es - 27,65N Salarles andwage - 65,441 - 25.840 111 51l0, N00 43,9,147 931697 Anoual sto"plus (deficit) - 2,704,664 i71,6`7) AccumulaLcd (deficif) sl Irolus, begirming (if year (71,697) Accunuflated suulusldefi,62� oul 26322967 7. iL 'icc accompanying', notasto the linancial stolenwills 5 55 S��O'Ul�"HWESI',"ER,N'[N'TEGI,IAT.�ED FfB,RF TECHNOLOGY INC. S"I'Al"EMEN"I'OF ("HANGIV, IN N VA' A,'SVI'S' POICYRE YEAR ENDED DECEMBER 31, 2016 iwitli Budget Actuol Actual 2016 20l6 2015 (Note K) (Now 2) Annual surplus (dcfici-� 22704,664 , 1111111111 ,(7l Z()97) Change itt net financial .,isseLs (nct debt) Nei, debt4 heainnk)4 of �Car 2,704,664 (71,697) Net finaricial assets net debt L salad of eal. 263,2967 (71 697 See accc,mp-,iriyirig noics to the linancial 56 S(lu" ri,twr�,S'l"ERN'INTEG��IZATRI).F]'B,RE TECIINGLOGVINCI. STATEMENTOV CAS'5111''NA"M FOR, THE YEAR ENDEM 31, 2016 witit commiratives for the jacriod ended Decouber 31, 2015 end of"Veal 01811 ILI-ill Cush xli cvalcllts" Sc,c accorlipanying notes tqlthe rinlan6al sialealcras 57 2,016 2015 S $ (I J n aLd i led) (Kolo 2) Casliflows rrom (rior): Ope ra d n g,ac tiv 1 ties Avrmalsvirpius (dcficrl) 2,704,664, ('71,697) charges n'. m cIubur% Accnts recQM61c from I IST rouecoveraWc (6,735) Clovemn writ grart.s receivable (168,000) Acc�-,mti(,s payable and a<xrwils 161A 1 Net charige in Cash from, operations 1341,606 (21,(39 J 1111311cing activitics Pira: to (ftom), Wesiern Ontario Wardens' Caucus ._(130,600) Net change in cash posifina Cash and cash 000ivalofos, bmt.,inninQ ofycar end of"Veal 01811 ILI-ill Cush xli cvalcllts" Sc,c accorlipanying notes tqlthe rinlan6al sialealcras 57 SOUTHWESTERN IN'l,"',EG,RA.TEI),Fi�RRFI,'-.FE,CIIN'Ot-,OGY''tN(,'-,'- NOTES '1"O ""1"111, FINANCIALSTA TEMII�,N'TS .AS ATI)ECUMBER, 31,2016 Nature cW operations Sl"')Irtllwestern Vrrograted Fibre 1'echnnIogy Inn rdw Qanizahrm") is a gover-nment md,Mprafit c4gaukation inoopporate,(I withoat move cxapttal undy. we (ollada Not-for-prol"it Corporations Act on October 19, 201,Via, '11w eorliar adti�)n Was kirroUd I')Y the We'itern 01'ruario Alarderr'S' Caucus (W0WC)k)I'I hehalf of "OWC, Region of'waaerlon, Regin of Manwzj'own of (.aledon and dw sepamod dho in Ate prc)ject arna. Meniher's, itmInde munkyd%% Ont natkn% WwK, health care providems- and corrnnunil�y nesuAs. ne purpme ur we oqranization is u) brriuIjp Mui lu jyUed br()adTxwd kaornet to the Swath Westo-o Owl) regon, 1. Summary of-,dgnificant accounting policies 'I'liese firi.ancial state man ts havo been, pi-epared in agcordance with the standards in the Chartered ProfesMonal Accountants Canada Public, Sector Accormfijrg (PSA) Handbook, Significana aspects ofthe EICCOL]nfing pohcicu are as follows.: (a)RqMnKgcurt' q ty These rinancial star ernents reMea the asseK &WHtick re"mmes and expetwes and acamnWaNd Surplus of SauMmmsbom Ttegmbod Fibre Ralmefogy Inc. (b) Recrigni tion or rewnties a nd cxpens: s Revormes arid expenses are rep oried on the accrual bases of accounUgg. nicaccrual basik of amounting recognizes wenues in the pedod in widelt the transactions or events occurred that � ,!,ive rise lo the revenue; expenses am recognized in the per�ad the good ()I- Ser ViC US 11 ru acquirud, and a, Ii,ability is hic'urred or lransl','crs am doe. Contributions fironi utcmbQrs are recordc(] RS T"emm at IL! bine irrvoic&-s are issued and curitribulions bmarre cWhable. Ckwerninent grants am remVind in Vw JAmmll MtewnIs as rovertoos in, il'wL period in which the events giving rise to the fi'alisferoccuq pmvwmg dw msfors are airthorizeci, any eligibility criletia k,"we au(I J -U "J'SnMhh oMhMWS of that arnmuils can be inado. Cott ditional j.-,j)verjunevL gjrruj[." are mcry,nized tca die exient the cwidkions jinix).sex.] on diern have bemi Elul HMI. I fricomfitioial government pVanm are recognized when rnonies are 1'eCCiVablM Wants M recogriized as dcterred reve:nue When. grant q, tip gNe On to as WNH, Gont revenue is recogniy&d. in the statenient of operarions as the as uIntion hablEdermosettled, (L:) Cash, and Cash 0(privalo"I I's (Ash snd cash eqdvatenm include all cwh halances and AmWerm, hyWy INWd MW insmmmats Baru h as Maturity of tbfet' 01011,111s or I ess tkn'l I drat; ie dato i."Ir'as r�raisi,fiealw. IM S0'O'T11W1,?,S1TRN INTEGRATED FIBRE TECHNOLOGYINC. NOTES'1`0 THE FINAN(IJ AL STAIPFMUNTS AS A].` DECEP01317,11 31, 2111,6 Eke nf adhniates "I"he Preparation of, 1110 fluinrch"11 staten"Ients in conibraii.ty wilh Canad+ an public sector - aecotinting slandards, requircs, Ukanag=Wt tOL niake afin'tates alid amunVAns diat allect the reporred, aniourlts of assets and HaWdes and Wasure of mWingent away ds and lWhilities al the dale of the financial stiternent% and the, reported t,,nn,ounls of immuts and eximtses dUring the ycar, Netind 1-Cstill.N Could dift r frotu 11iose estiniates. (C) OngIN caphal assets 0) NWWW* 44,11-astRICILU-C 'Me Ownbathn rumins ownemli af Sill nf the Raided network assets of the nerwork- construefical pi-qjoct; however, aH wpArs and muNIMMUM MCI UjIgNILIC, (;USIS amore the wspoosibRity, (ifl' fl[je set,vioe providers wittracted to livovide the network infrastructure. Since the Org ,anization wJocs not retain olieration-i'al control awr Me network biOwntemm, they 1,iave riot been recorded as tangiWc ca,pitzil assets WA have bemi reported as an experme on me smtembia or wmalumm, (0) Other T'Ibe Organization do�s not: �..i Live airy oflier tangible Capital asseu. 2. First finic adopHnn of Canadian pdMk smhw amonWing Wndn nis Effective January f, 20J6, the Organization adopi"O'd flv-� requirert,tents (TA Canada I and has adoWed (`,anadian jiuhEa sackir amaimbg stansluk (PSAB). TV It uneworlc is in aocordarice with (,,',wacfian 6A.AllThesc wr Me 1-u-st Erni tricial statements prepared it! fi7anieworkwhich Ims bun apoNd revsspectively.. 1"he accowuhig pwkks Sat out 5 die Nigilificard accounling P(di,cy note have been applkd V preparing the financial stalemetils It: the ycay ended December 31, 2016, the comparadve Wrnmtion presented in these flandal statements for the periul ended 1.3cceniber 3l], 2015 and ill Ou", jlrepJxalion of an opening bahrince sheer at Ooobu 19, 2015 - whic,h is the OrgrinI7.ntion's date ('if incmpamdan amd NOW, The adirnition of" PSAB had no inipact ot) the pvvAusy repwied ancts, Whiks, an(], accumulated swous ur to orlynswin, and aom:&ogly, no real mtrnaits have beers recorcicid in the con't1mrative staten'lents of filiancial, positi(xii, Dperations, Chonge in not 5namial assom or wadi Dow, Ow s an openWg boWnce shut as, at OdNxr 19, 2015 has not bow) prescritcd, Tha (AlwAMAT p%sentation and disclosures inducled in these flinancial stalements reflect the pregeamflon and disclonure requirenterits ofPSAM 3, Cowthmowks Ile year Rdkwhg ddhcq ofWadband services to usoN and gencratfiIg jxsidve net revenues, ra pordon or those mvenues for each WE year will be allocated to repay the rofttndable portion M"the contribUtiMIN, mule by rneinher, Whvidn% pmions are defined in inernher agtoenionbs and ranpe f'roni 49%, to 71% (if the aniouni, cLin%vbel As; or EWcanber 31, 2016 or the S 12,804,050 (if riendicr Coll ( 1� n i� bulions 60% is- reftindable when positive net revenues am earned, Rqpaynwrit of thu refundable portion Mll be made to, members lased nn their proporlion of aH menaber cantHhudons. Mej,nbers have the opt.J.'an to Wlfiv,�' replquient at Me limn R beanims efigUe and to reqtflre the Organization to re4tvost the flunds into the Idgh speed broadband ixcrrct nctwarl< infraMracture. 59 80,U'l.111Wf�,STrt,�RN,fNTE,GML A,TED FIRRE TECHNOLO(IN INC. NOTESIDTHE 14NANCLXL STATEMENTS AS A17 DECEMBER 3, 2016 4. w nwrwwn,trwt cl wrrlwlrrs (deficit) Ite acauvulated surphis canbsk nfindividuM Rind staplus ars Allows 2016 2015 (NoW 2) Surplus (deNcil): Ddanber contHbutions towards'high sj=J,broadband internet pr0imt IA37 (71,697) 2 16321 Acmirriulated surplus consisLs of SI Nbrlinabifity fun'dirigthOt the 01'gtli'1t7aiinn raceived as, parl nragreexnents with rttonflxrs to fund operating expenscs after October 19, 2015, 5. kflatcd lnur(y (ransuctionis Incluided in expwimm is $56AR9 pMd bo the Vie Corporation of Rw C%uWy of Grey I"orwa,kgc mW benefit cnst.s incia-rrd to adillinistor the Organizatk,)n, fixim January 1, 2016 R) 1: ecernber'22, 20+& Also hiclu&d in ex1rwrise-s is $8,460 jxa,id to the The orpmafloo of tr1w (,,o'nnty <,)f Lan,ibton for, wage and benc,fits cclsts iamvmd to adfninisk-]r th,e OrgaurzarOoii froni Decenfl)ej, 12, 2016 to Deconiber, 31, 2016, Ointribadmis front imembem Members have apyeEd to confdhute $I 2AG4A50 over the pedod begiming in thcM par 2016 and cridng Dccc,iW,,)e;r 31, 2019. As uf I)eccinher 11, 22.016 $1741811 was Wed and recagnizod as MWILIC, The mraWnIg revowe will be recognized as billed in fittttre periads. 7. Gaverjurrientgrants 'I'he Gove,i,ornents, of'Canada mul Ontarin will eitch Imovide up to $55635-wdu We I of Me high sKed, broadband ind,,erne( network project- Phase I or st pyed includes inf'orm"uiot) g"'Ithering, plainung, alwdysi.s, and amnsrnmd of the technical and Hamel! kwibility of the proposed pr(,jj(,,cL As (,iJ'DcoOn6cr 31, 2016 S16kGOO bas heen oarned, Imsed ori, efigible expenses, incurred., K Budget muounts IN opadhg budget approved by the 1,3oard of Dircciors f7or 2016 rs rellected ranw Ow OIXI-ations and change in net amas and was not audited., 13i,,Ldget lIgUTC9 have been w0assified l'or (he pill -Pose's of theso firtanAl statemenu U) mmjj wit PSAB repoill ng :�cquirenien,tsl IME Res,olufloin AGNiGI-2018-07 $OUTHW ESTE RN IN TEG RATED r IS RE TEC H N 0 LOGY N N C. FINANCIAL STATE MENTS F OR THE YEAR EN ,DED DE C EM, B ER, 31, 2017 61 $0UTHWESTERN INTEGRATED FIBRE TECHNOLOGY INC. INDEX TO FINANCIAL STATEMENTS FORTHYEAR ENDED DEGEMBER 31,2017 MaMo,effl0fll'S Respong0lity for tho Finvand a I8t at an'lients Indepandient Auditors Rppart FINANC,IAL STATEMENT'S Slatament of Financial Position Statern e r,it of 0p rations St atowi-i p nt of Ch irigo ; in N al Firm n,m ,) I Assets StateiTient oafC-ash Flow Notes to the Financial Statornents W, CONTENTS 7-9 The accornpaning finariciol $tat()fInOlIt$ Of the SOLIthweslern Inlegrated Fibre Technology Inc. (the "Organization") are the reMwisibility of, tho OroanlizAtion,s rnanagerymt and havo been prepared in accordarm with Canadian PLIbliC sector accownting standaill established by the Public Sector Accounti Board of the (A'wrtorod Professional Accountaills (if Canada, aa.r dr,,szribudi in Note I to thG financial st.Wurnents, The preparabon of firancial statoments riaxassarify involves the use of astirrates, based on inanagernent's Judgment, particularly when transactions, affecting the current accounting period cannot be finalized with certainty until futuire perlods. Tho, Organizatil managerriieW rnal'int,,'Ans a :;yqteni of interum controls designed to provide reasonaHe assurance that assets are safegoarded, transactions are properly Aulhorhzed and recorde(I (lin accordanc e. with Canadian public, sector accotwiting stan(Wds estabHshad by the Public Sector AcCIDIL1111ting Board (if the Chartered Prorossional AcGouiAants of Canada), and reliabte, finariciolt Information is avallaWe on a timely basis for preparation of Lfic firvincial statomorr,I& These systoms are monitiarod and,rr)valiL.iqted by managamorit. The Board of Drectors, meet with management and the external auditor to reviiev the firiancW statim,nants and discuss any signifill finar;,dat roparting or internal control matters prior to their approval of the financial The financial statements have been audited lay Cotins Barrow SGS LLP, independent external auditor appointed by �thaOrganj&ali The. accompanying independent AucIftor's Report outlines, Viek responsi.tARJes, the, scope of their exarnination and lit,,6ir apinlon sen the CrtjaiOzatiarl timmoial stotema, nts, Chief Exoclllive Dfflow, February '14, 2018 Fagc I 63 INI)EPENT)ENT AUIATOR'S RE11014T Tu am Board of D4,uctursitnd M011.608 Of SDUMMMI filtQgtIitod file.. Renort on, Ole FivanciaJ Shitcxnen6, Inlegrawd Fibre Technology file,, whielt rlje �,jqtej,jjCljt ()f Rnancial pas Hon ;,is at Fkcentb(A- 3 1, 2017, aral the sta tenun,its ofoperadmis, cha n ge ill n laaraarrta sial m=(a and cosh Dow Ax the year then uldtd, ill]d U SIAHIIII&Y 0l`.,;idPdf"k;nA a"Outailig poficies and other exp, [ail atory rnffirrnation, Maugggpielik Resj)(inAbility fin- t1lieflimucial Slatenlut](8 Manat,pnent is rosptinl�ible fi)i- the prepara(ion, and thir presetttatlori oftha.,x, in accordalxx,, wish Camidian pulific sector acc;ourfling ;Vtildk)r,ds and 'rola, Such, ifiternal contrail as marvagament deterryflnes is mcmsmay to cualAQ (bQ prQparatiou of fimmull stawments L111"It lu'u uxl1crial wllotior due to Sud ov cu'. Azi=r's Rg'S'llollsibiRty Our respanKiNty is to exprems ail, opinion, on Lkasc financial sta,(ements based on cur audit. We, ccliducicd (�nlr audh K accoMbime wkh Cam dan pericKy accepted auditing starldards, 'rhosestandards require, that wo colll,ply wilh ottkid rquireinenh and pNn um! paRri-n the audit W obfiaj,o w;mor),,able assilrance, abOL11 W110-1her tine financial, Ntatenioxs are free fixilx) "naterizd missialenlent. Au andiL WwAvwcs perfiinuing, procedures to obt�ijl oodfl, ovidotwo abotit the allunints and, disclos"ures 'ill the finallcial wtarlcaraewrtlsa he pnxodures seleaed depend on, Itic auditur's j u(Igntent, biohiding, dw aqsQ�6nwn( of Ow risks oF inanuint misda5cmd af Im 11towhi dMemml% whetlier' dile to fi-aud or error. In rnaking those i'J.'sk tlie miditor cunsiders internal Conwfl releval"'t (o and fair Pres-emlatioll aal'°tilts financia I staterlactits in order to dcsign audk prmcdmcs th,,,it arc apjirqu-6tC in, 11je Mr Me purpow of upwabW an opinion o�i the effbcdivamn cad dw Ckpnimniods Samml cw= An audit No includes owdu"'ItJ416, the of acoouridag t:)oficks used and the ruisonablenes s (-,4'accounting embnates lmade by inariagonent, as well as eymumbg Qz ammil pre%,nilation of 841toll'unts, We buliove tti.al t1ua att& evOonoem have dMaNd is svOlimt and appmpriatt ID l-)rovldc a, basis for aur aildit Cowm), 9040 In our oprlion, (lie financial staten"Icills prcscnt kti,11y, in all rivaterial, respwq, dw (Iriancial, position, of Southwoterra Integrated 171bre Tecihnology Inc. as at Ikcarnb,cr 31, 2017, atid thv resuRs Ofits (:'PeTattons arid 48 cash fIows R)r 11W Year thorl ouled irr awoWaae wkh Ckmadkit'i pubtic seclor accotinling standards. I.,icensed Public Amnnants Colliopwood, Ontar[o Fcbnuiry 14, 20d 18 -4V V "Pwma",w PAKIR Vuly I and opernicdby Coffins Unrumbl".3D U.P, Viriort,%y inidermk1k.4 Nadonal Cooperafive, uwii under Page 2 NZI SOUTHWESTERN INTEGRATED FIBRE TECHINOLOGY INC. STATEMENT OF FINANCIAL, POSITION AS, AT DECEMBER 31 2017 Cash In Bank ACQ0 L,j nts R,e ce, lva b le from Me ni b er s D tae from the 'Weqwn 0 ntari r) Waril arvs' Ga ucu s Accounts Rewivable Offier HST k9comable GoverorTiont Grarits Raoaivabla (Note 6) I ffifir-0 Mal H-32 Lily 4w Ar:°cx)ijnts Payable and Arnrimals, ril am 11 LIMTH414FAIV116slimp Not Financial Assts aind AccuinuIntod Surplus (Note 3) A: �'�roved' Chair 1p ............... march 3, 2018 2017 2016 ACTUAL ACTUAL 4,M),420 10 600,000 2,660,811 0 ri H, 909 10,730 0 208,033 6,738 1122175 1 L) (3,290,937 2,791,468 — ............. .. «,3561217 .... . ......... —1, 6 1,4 9 1 The accompanykig notei and schodlules are an nitegrv6 patt ofthils, 1riancialstatement. Page 3 65 5.9134'720 26,32 9("7 5,934720 2" 63�2,967 � ......................... "I'll'I'l��l-I=: SOUTHWESTERN INTEGRAT�D FIBRE TECHNOLOGY INC. STATE M E N T OF OPERATION FOR THE YEAR E N D E 0, D r- CEM BER 31, 2017 REVENJUE GotdrIbuticnis, frorri IvIambers (Note 5) Government Grants (Note 6) Memberships lnte�rest 00rer- Revenue EXPENSES (Note 4) CorislultIng I ns uir a n ce markopog Mi:i(,'01 Itl % OL18 Orfice Expense Professlolloal Pees Salaries and Wages Travek ANNUAL SURPLUS 2017' 2017 2016 BUDGET ACTUAL ACTUAL (Note 7 5,970,000 51,001,119 2,975,811 0 944,754 168,000 50,000 14'450 0 20,000 32,287 6,525 01 721 a 6"013,331 3,143,8'11 ... . ....... . . — 1,,440,975 1,485,428 3 W3, 17 3 1,,857 20,967 20,000 15,577 5,306 9,,237 25,115 6,525 30,256 15,429 204 387,500 540,886 2 7, 658 479,200 565,,042 66,441 1616,500 43, 134 215 840 2,f 3b,575 2,711,578 439,14,7 3,504,425 3,30,1,753 2',704,664 ACCUMULATED SURPLUV(DIEFnCIT), Ibe,ginning of the 2Ua 2„557 7 1,,X1 7 ACCUMULATED SURPLUS, endof the year (Note 3) 6,137,392 5,934,720 —2.632,9§57 The wxmm pa nVi rig notes wid -c arp an inlegral porl nf his firvind;V stvilarnant. Page 4 m SOUTHWESTERN INTEGRATED FIBRE TECHNOLOGYANIC. STATEMENT OF C H ANG E ISI K E T FINANCIAL ASSETS, F 0 R THE YEAR ENDED D E CEM BEIR 31, 2017 ANNUAL SURPLUS Change iin Net Financiall Assets 2017 2017 20ifi BUDGET' ACTUAL ACTUAL (Note 3,504,425 3,301,753 2,704M4 3.504,425 3,301 759 2,704,6,64 NET 1"IMANC AL ASSETS (Not Deb,Q, baginining ofthe yoar 2,632,967 19 -71 NETI'71NANCIAL ASSETS, end of the year 6 137=392 5934,720 2 637 A, t7 —..-1 -1 . . . ...... . .. ........ The arxxm l anyir jwtes and sczhedule5 Eire an Integral part of (his, lirianrlM statement. Pogo 5 67 SOUTHWESTERN INTEGRATED FIBRE TECHNOLOGYINV C, STATEMENT OF CASH FLOW FOR THE, YEAR ENDED, DECEMBER 31, 2017 Cash flows from (fcr�: OPERATING TRANSACTIONS Arioual SUrPILIS Changes Im Accmmls Rece�vahle ITom Members Arae from tbe)N"orn Ontario Wardens&C.qucus Acur,nints Recelval,)Ie Other HST Pocaveratfle Government Grants, Receivable Accounts PayalYa arid Accruals Ne k change in mash from op oml kry -s Firiandinp Activifles DU e To Westerri (.)nMhn'Warc.1pan s1 CaLIGUS CASH, be(jinningi of tha year CASH!, orad of the year 201:7 20116 ACTUAL ACTUAL 8,301,752 2,704,664 1,960,811 (2, 60a811) 58 "go s 0 (10 '72(r)) 0 (201,295) (6,738) (944,754) (165,000) 194,726 16 . . .......... . ...................... . ........ 11 .... . ..... 4,359,420 1 3060161 4,359420 0 4.359420 --0, The aucompanying noleq oind �,diudoIes are an IrAtgyal bort of HjgN firmand�d statement. P,9 q1 e 6 m 6Ngo THW158TERN INT5GRATED IBR ETECHNOLOGY INC, NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER SL2l,17 Nature of Operations Scuthwastern Integinerted Fibra Technology Ina., ("tire Orgarnization'") is a gow'.irrirnan't rrotNor-profit organization in(x.xporatedwithait sharecapital under the Canada Not-for-profit Corporations Act on Oictoberl%2015, The corporation was forrraod by the Western Ontario Wardens" Caucus (MOWC)ari hel'talf of WOW(,, Region of'Watarbo, Region, of Niagara , Town of Caliedon arid thieseparated cities In the Plujaii ar(xrt, Mberk, IrICIUCIC, 111i3liUM, first nations, suhouk;, fie g'Ift[I r id COMMU111ty 1119WI 1*9 pi j rpose of the Orgia Nzat i an is to bring h Ng h ;`goof] broo rl bn in d I oternint to t *oo it 11 West 0 ire Ont,a6a Region. 1, 6 u rnrina ry of S I g rifficant Acc o u init 1 n g Pooh cles Theae fnrjFJjjejal q nis hfam been propariad in ocuardarr;ewilb the standards in the Chalfured Professional Accountants Canada Pubilic Sector Accounting (RSA) 1,4andlboolk, Sigrifficant aspects of the accau,n tin q policl cis arra a is fo4i ows: ,(a) Repo,rifirig Entity 1h ase financ,,iax staharrients refinial thin assets„ liabifitKis, revenues and expenses and aominuiWed surplitis of'Scmilhwesierri Integrated Fibre 1 echnology Inc,, (b) Recognidun of revenue and expenses RevenjrleF,�Iqrj qXPPnSeS rarer reported 0q Jrtjo,rraarrri aN I'aa»jF� i of ac=unfing r000gnii2esi revenues in the poriod in wil lictr the lira risacti on s or events oir;wrrad that give rise to the reww ri expenses are racogriiz(,d Nn the pedod tire good or services aria acqured and a legal llabiNty is �"icii,jrred w transfers are due, Caritrili,itiari froi ri rno-rdlers are recorded' ;air raver rte rat the time Invokms are dSSL)Ied and contributions becorne collectVa. nin'lr nt eiRrint, arra recognized in the (firrIE111,1u I stnjtr Iop, I(" a,9 revenues, jill [Ijopej,iod ljrj WhiClura events giving 6se to the transfer occur, T',raviding the trart-,fem Eire OU'liorized, any ofigibillfty crftariai howe hoen rnel and reasonable r3shrinates. oftho arnounts cairn Vin rinade, Onri-dilicorril goverriment I.jranls are recognizod when rnoniles are receivable. Grants are recaginized as deferred revenue when grary! stipulations 9�ve rise to a labffrtY Grant reverilue is recoginizecl in the slateraenA of arx9rations as the stipulation Ilabilities are settled, (G) Cash, and Cash Equivalents Cash and cash etjL1ilValen1s inc udle all rash balance -band short-torrn:, highly liquid financial Mtl'Urrterrts with as maturity of 11iroo rnorthe or less from the date of acquisition. (d) Use of Cqtirrvateu . i'fie pr eparatiort oaf the financial staterrierits ire ranforn-fty with Canadian ii siectnir acrounting staridards requires management to make estimates and asmimpfions that affect the reported ari0i.lrltS of assets, and liabifities arid disclosure of contingent assets and liabilities at tlaa date of the financial statements and the reported urrounts of rievenues and expenses during the year. Arjjrj-,"l Ji could dffrr froirn these P,.,%mater, Page 7 M SOUTHWESTERN INTEGRATED FIBRE TECHNOLOGY INC, NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED DECIEMBER, 31,_LO17 11-Slunninary of Significant Accounting Poitcles (confinued) (e) Tangible capital assets (I) Nerwork InfraStUcture The Organizatiou retairis ownorship of 51 % of the funded neli assets ofthe network (xns1rtxflon project: how&ar, all repairs and inaintonance and up-grade costs are the responslAfty of tJ,,e servkP. ykruvklor:u uuntracted to provide the aretwwrark Sifg.%4 ttwwa QrgrinlZ� 'ILjorri d()Vs rrto( rp -1 operational oantral over the network Viny have not been recorded x,-,% tatiqlble asseis but have been, roported as an expensa on the staternent of operations. The Crganizati�o!l does niot hava any other tangibla capital 0, ssets. 2,Contingencles The rar f,,.')lfaodng dehvery of broat"bandgervices to n,jsers arldqenerafling positive net revenues, a portion of 1fio5p reven saes for each fisc al year wflL be allocated to repay the refundable portion of Me conlrfttlons made by menlbe,,q, Refuridlable portions are defined in meniber agreements and range from 49% to 71% of aniowit corkibuted. As of December 31, 2017 517,018,735 has been piedged by mernbers. Of the $8,744,93,0 iaavoioed, $4,319,934 is refundable when positive net revenites are earned, Repayment of the relundable portion will be nrade to rnernbers based ran their proportion of all rrilernher contributions, Miernbers have the option to walve repayment at the Lime it beecynes elIgible and to require the 0,qinniu7@flan to r0westr the ftinds item the h[gh speed hroarlb,'ind internot nelwnr* Infrasirticturo, 3. Axcurritilated Stirplus (Defic1t) A00Un-1LJh9IQd " surpLUS MnSiSLS ref GUitainobffity funding that the Orp,,pnizaaon roceiivod as part of agreements with rnornbors to fund operaRrig expcinses after October 19,2015. 4. Related Pa rty'T rains actions I naltided 0) experi,ses 1-, $227,463 (2016 - $56,669) paid to The Corporation of the Gojnty of Grey for Wa�.Lje and her-eli[COStS iflrjUrrad to administer the Orq4.-inizatian. Also included inexpenses is $332,798 (2016 - $81„460) paid to "Tbe Corporatiian cf fire! Caunty of L.amlition for wages onc, benofit coms incurred to adrNnister the Organization. 5, Contributions frQ111 Membem Members have agree'.J to contribute S17,018,735 overthe period beginning iiia fiscal yemar 2,016 and ending Deceffiber,31,2Q19, As of December 31 „20'17 $8,744,930 (2016 - $2,975,811) wa,-, billed and recognized as reventie. The rernalriing revenue VA$ baa MC0qni20Cf as billed In fulure periods, page 8 70 SOUTHWESTERN JINTE GRATFNS FIBRE TECHNOLOGY INC. NOTES TO THE FINANCIAL STATEMENTS FOR THE YEA RENDEDDECEMSER 1 2017 6. Government Grants "I [io Governmuint;, of Carlad a Ell' ,d 0111urb VVW each providu rrp W $566,377 Urk(i(� 'r Ul qnl'o high spoed broadband inrnet network projecL Phiase 1 of the pr(�Ject �rl,cl:judes infordnatioll gathering, pbanning, ariallyils and assessment of tho technl(�al and firiaricial feas0ifity of the project,, As of Dec eniber 31,2017 a. VW of $1,112,7 a4 ;has been earned, based on effgible OXPeJ'JSO!� il'W'UrrLd, Additionai grarit revonue or 2,75,246 is expected to be rcck,4ved bo, -,,ad on olkIllile expr n""'es irwilraarl as of Decernhor 31,2017 pending tiho rasoft of , hr~ rpriewod noMrarl, 7., Budget! Amounts The opafalinr ) bLl(,Ig,el aJJ[.)K;V0ld bY 11W H( raid 01 fear 2017J5 Fetlec-ted on the Slaterlx-4qof Operations and the Statement of Clianiga, in Not Firian6al Assets and was, not aUdited. Budget,figUre ave s hhoer for the purposes of these finanBall statements to carriply with PISAE3 reporfinq requirements, Page 9 71 0,ntarlo polico Provincial provinclate Police de l"Ontario AUgUES1 07, 2018 Mayor/Reeve, Municiplil Poliving Burallp Hureful deq survivies poliders (tv's muldgApIdItk 777 Mvruoriat Am 777, awa: Memorial Orillin ON L3V7V3 011MAII (ON) W), 7W TtE (705), 32%,6200 1. (105) 330-4191 FRe ntnnber?R,669rencv:� 612"20, 'rhe OPP, Municipal P0cjng Bureau actively participates, in events and conferel)GaS that we beFleve. cart add vallueto aur rot afion-01pu, anddl,5nor,.sl[ons surrounding rnunklpal policing matters. As 1 follow uip to out, letter to, yournouni6pality dated Julie 8, 2018, we would like to rernind YOU that MILMiCiPW ftlk.ing Bureau representatives, incl[udirig myself, are, availableto meet youfora rnunicipal' p0cinig CHSCUssion at the Association of Municipal'ities of Ontario (AMO) Conforence hold in Ottawa, ON, August 19-21, 20M Wo will be at bcoth #513 in the Exhibit Hall, Drop in to have a casual discussioni and rTIC-Ot lir icipal PcU6ng Bureau inernbers. ShOUld YOU wish to have a �,norerfort al <JiSCU.96on ir relation to the biFng riodel or your municipality's Annul Billing Staternent, please contact us dirertly at OPP,.Mt.incipalPol'icNrlg@opp.ca to schedule a meeting *141-t L,,js on Tuesday, August 21, 2018. Glrnpl'y submit your request n[ong with ,:i brief de,%crIlpft"i of the topic YOU wish to diSGUSS, and specify any finis you are not.; avail able, that day, if appliicalble, ["he OPP is cot rimitted to adaqwtc-, effective, and sus(ainable poilloo, %efirvlGe rt livery in Ontario. Wo. lorok, forward to seeing you at the LI[)WIling oonforen co. Thank yout. Sincerely, �M T.A. (Dart) McDonald, linspector Rure@U Manager Mit-ildipal Po icing BUreau Ontaft, Provinciall police 72 COUNTY OF ELGIN By -Law No. 18-28 "TO AMEND THE SCHEDULE TO BY-LAW NO. 17-33 BEING A BY-LAW TO DESIGNATE THROUGH HIGHWAYS" WHEREAS pursuant to Section 1, Subsection 1, of the Highway Traffic Act, R.S.O. 1990, Chapter H.8, as amended, provides by definition that: "Through Highway" means a highway or part of a highway designated as such by the Minister or by by-law of a municipality, and every such highway shall be marked by a stop sign or yield right-of-way sign in compliance with the regulations of the Ministry. WHEREAS the Corporation of the County of Elgin did pass By -Law No. 17-33 providing for highways under the jurisdiction of the County of Elgin to be designated as through highways; and WHEREAS it is deemed necessary to amend the said By -Law. NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: 1. THAT Schedule "A" of By -Law No. 17-33 be amended by adding the following Road #73 descriptions: - Section 73E from the north side of Hale Street to the east side of Dexter Line - Section 73F from the west side of Levi Street to the south side of Dexter Line - Section 73G from the south side of Rush Creek Line to the west side of Bank Street 2. THAT this By -Law shall come into force and take effect upon the final passing thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 14TH DAY OF AUGUST 2018. Julie Gonyou, David Marr, Chief Administrative Officer. Warden. 73 COUNTY OF ELGIN By -Law No. 18-29 "TO AMEND THE SCHEDULE TO BY-LAW NO. 17-11 BEING A BY-LAW TO AUTHORIZE SPEED LIMITS" WHEREAS pursuant to Section 128(2) of the Highway Traffic Act, being Chapter H.8, R.S.O. 1990, as amended, the council of a municipality may by by-law prescribe a different rate of speed for motor vehicles driven on a highway or portion of a highway under its jurisdiction than is prescribed in Section 128(1 a); and WHEREAS the County of Elgin did pass By -Law No. 17-11 prescribing different rates of speed for motor vehicles on certain highways under its jurisdictions; and WHEREAS it is deemed expedient to further amend said By -Law to prescribe a different rate of speed on certain highways under its jurisdiction. NOW THEREFORE BE IT RESOLVED THAT the Municipal Council of the Corporation of the County of Elgin enacts as follows: 1. THAT a maximum rate of speed of 40km/h zone be established on Bank Street from the north limit of Rush Creek Line to Imperial Road; and, 2. THAT the penalties provided in Section 128(14) of the Highway Traffic Act shall apply to offences against this by-law. 3. THAT this by-law shall become effective once signage setting out the speed limit has been duly posted. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 14TH DAY OF AUGUST 2018. Julie Gonyou, Chief Administrative Officer 74 David Marr, Warden COUNTY OF ELGIN By -Law No. 18-30 "TO AMEND THE SCHEDULE TO BY-LAW NO. EG1 (16-11) BEING A BY-LAW FOR THE REGULATION OF TRAFFIC" WHEREAS pursuant to Section 210, of the Municipal Act, being Chapter M.45, R.S.O. 1990, as amended, the Council of the Corporation of the County of Elgin did pass By -Law No. EG1 (16-11) for the regulation of traffic; and, WHEREAS now pursuant to Section 11(2) of the Municipal Act, 2001, S.O. 2001, c. 25, an upper -tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in the Table to this section; and, WHEREAS said Table authorizes an upper -tier municipality to pass by-laws regulating parking and traffic on highways; and, WHEREAS By -Law No. EG1 (16-11) has been previously amended through By -Laws 16-19, 16-27 and 17-34; and, WHEREAS it was deemed necessary and appropriate to amend Schedule "A" Part "B" to By -Law No. EG1 (16-11) to restrict parking on sections of County Road #73 (Dexter Line), Rush Creek Line and Bank Street in Port Bruce. NOW THEREFORE BE IT RESOLVED THAT the Municipal Council of the Corporation of the County of Elgin enacts as follows: 1. THAT Schedule "A" Part "B" of By -Law No. EG1 (16-11) be and is hereby amended by including the following: County Road #73 (Dexter Line) from the north side of Colin Street to the north side of Dexter Line for a distance of 290 metres. Rush Creek line from the west side of Bank Street to the east side of Imperial Road for a distance of 252 metres. Bank Street from the north side of Rush Creek Line to the south side of Imperial Road for a distance of 146 metres. 2. THAT this by-law shall come into force and take effect upon erection of appropriate signage indicating said No Parking Zones. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 14TH DAY OF AUGUST 2018. Julie Gonyou, Chief Administrative Officer 75 David Marr, Warden CLOSED MEETING AGENDA August 14, 2018 Staff Reports & Correspondence: 1) Director of Financial Services — Municipal Act Section 239.2 (c) a proposed or pending acquisition or disposition of land by the municipality or local board, (h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them — Property Matters. 2) County Solicitor — Municipal Act Section 239.2 (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, (f) advice that is subject to solicitor -client privilege, including communications necessary for that purpose, (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board — Port Bruce Bridge. 3) County Solicitor —Municipal Act Section 239.2 (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, (f) advice that is subject to solicitor -client privilege, including communications necessary for that purpose — Potential Litigation. 4) Chief Administrative Officer —Municipal Act Section 239.2 (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board — Contract Negotiations. 76