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17 - September 25th County Council Agenda Pkg.//1010 Elgin @ Q at_t 11 ,,, ,i ORDERS OF THE DAY FOR TUESDAY, SEPTEMBER 25, 2018 - 9:00 A.M. ORDER 1 st Meeting Called to Order 2nd Adoption of Minutes — September 11, 2018 3rd Disclosure of Pecuniary Interest and the General Nature Thereof 4th Presenting Petitions, Presentations and Delegations DELEGATION: 9:00 a.m. Lloyd Perrin, Director of Physical Services with PowerPoint titled "Port Stanley Fire Hall Construction Relief of County of Elgin Roads Plan and Policy — February 2009". (attached) 5th Motion to Move Into "Committee Of The Whole Council" 6th Reports of Council, Outside Boards and Staff 7th Council Correspondence 1) Items for Consideration (none) 2) Items for Information (Consent Agenda) 8th OTHER BUSINESS 1) Statements/Inquiries by Members 2) Notice of Motion 3) Matters of Urgency 9th Closed Meeting Items 10th Recess 11th Motion to Rise and Report 12th Motion to Adopt Recommendations from the Committee Of The Whole 13th Consideration of By -Law 14th ADJOURNMENT NOTICE: LUNCH WILL BE PROVIDED October 16, 2018 County Council Meeting November 23, 2018 Warden's Dinner — Masonic Centre of Elgin November 27, 2018 County Council Meeting Accessible formats available upon request. 1 DRAFT COUNTY COUNCIL MINUTES Tuesday, September 11, 2018 Accessible formats available upon request. The Elgin County Council met this day at the Administration Building at 9:00 a.m. with all members present. Warden Marr in the Chair. ADOPTION OF MINUTES Moved by Councillor Jones Seconded by Councillor Mennill THAT the minutes of the meeting held on August 14, 2018 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — Councillor Martyn declared a conflict regarding the East Road Traffic Study; however, the Chief Administrative Officer advised her that no direct pecuniary interest was involved due to the potential impact on other lower -tier municipalities as well. DELEGATION SWIFT Project Update and Membership Geoff Hogan, CEO, SWIFT, with a PowerPoint presentation updating Council on the SWIFT Project and explaining membership fees associated. Moved by Councillor Jones Seconded by Councillor McWilliam THAT the County of Elgin become a member of SWIFT on behalf of Elgin and Elgin's constituent municipalities at the cost of $3,400 annually to be reviewed on an annual basis. - Carried. Moved by Councillor Martyn Seconded by Councillor Ens THAT we do now move into Committee of the Whole Council. - Carried. REPORTS Homes — Personal Support Worker Education Fund for Long -Term Care — Director of Homes and Seniors Services The director presented the report informing Council that Bobier Villa and Elgin Manor were successful in receiving funding from the Personal Support Worker Education Fund for Long - Term Care (LTC) for the Excellence in Resident -Centred Care (ERCC) training program. Moved by Councillor Jenkins Seconded by Councillor Jones THAT the report titled "Homes — Personal Support Worker Education Fund for Long -Term Care" from the Director of Homes and Seniors Services, dated September 4, 2018, be received and filed. - Carried. 2 County Council 2 September 11, 2018 Quarterly Information Report — Contract Awards April 1, 2018 — June 30, 2018 — Purchasing Coordinator The coordinator presented the report summarizing contracts awarded that exceeded $15,000 between April 1, 2018 and June 30, 2018. Moved by Councillor Mennill Seconded by Councillor Jones THAT the report titled "Quarterly Information Report - Contract Awards, April 1, 2018 to June 30, 2018" from the Purchasing Coordinator, dated August 10, 2018, be received and filed. - Carried. Terrace Lodge Redevelopment Update — Purchasing Coordinator The coordinator presented the report recommending that Council award the contract for the Terrace Lodge Design and Operational Review to the Ventin Group. The draft report is expected to be presented to Council at the December 13, 2018 meeting. Moved by Councillor Mennill Seconded by Councillor Jenkins THAT the Terrace Lodge Design and Operational Review be awarded to Ventin Group for $83,000 plus Disbursements and H.S.T. - Carried. July 2018 Budget Performance — Director of Financial Services The director presented the budget comparison for the County with favourable performance of $115,000 for the month of July. Moved by Councillor Wiehle Seconded by Councillor Martyn THAT the report titled "July 2018 Budget Performance" from the Director of Financial Services, dated August 23, 2018, be received and filed. - Carried. Contract Award — Miscellaneous Bridge and Culvert Repairs Contract No. 6290-18-04 — Deputy Director of Engineering Services The deputy director presented the report recommending that Council award the contract for Miscellaneous Bridge and Culvert Repairs to Gary D. Robinson Contracting. Moved by Councillor Mennill Seconded by Councillor Jones THAT Gary D. Robinson Contracting be selected for the Miscellaneous Bridge and Culvert Repairs Tender, Contract No. 6290-18-04 at a total price of $305,810.00, exclusive of H.S.T.; and, THAT the Warden and Chief Administrative Officer be authorized to sign the contract. - Carried. Approval for Official Plan Amendment No. 4, Part of Lots 17,18 & 19 Concession SNBTR, Shedden, Township of Southwold, File No. SO-OPA4-18 — Manager of Planning The manager presented the report providing County Council with information required in order to consider granting approval to the above noted Official Plan Amendment in the Township of Southwold. 3 County Council 3 September 11, 2018 Moved by Councillor Jones Seconded by Councillor Martyn THAT the Council of the Corporation of the County of Elgin modifies and approves Official Plan Amendment No.4 to the Township of Southwold Official Plan, File No. SO-OPA4-18; and, THAT staff be directed to provide notice of this decision in accordance with the Planning Act. - Carried. Council recessed at 10:07 a.m. and reconvened at 10:19 a.m. Land Severances — Unsolicited Conveyance of Lands — Manager of Planning The manager presented the report recommending that Council make it the County's policy to accept only solicited lands to accommodate Land Division Consent applications and not those that are unsolicited. Moved by Councillor Jones Seconded by Councillor Mennill THAT it shall be the policy of the County of Elgin to not accept unsolicited lands to accommodate Land Division Consent applications that have otherwise not been previously requested or required by the County; and, THAT County Council provide formal direction to allow for this information to be shared with Land Division. - Carried. Council directed staff to prepare a letter to the Province of Ontario expressing concerns with certain aspects of the Planning Act which govern Land Severances. Port Bruce Temporary Bridge Project Overview New Imperial Road Bridge and Jamestown Bridge Updates — Director of Engineering Services The director presented the report updating Council on the installation of the temporary bridge in Port Bruce, the progress to replace the original Imperial Road Bridge and repairs completed on the Jamestown Bridge. Moved by Councillor Mennill Seconded by Councillor Jenkins THAT the report titled "Port Bruce Temporary Bridge Project Overview; New Imperial Road Bridge and Jamestown Bridge Updates" from the Director of Engineering Services, dated September 4, 2018, be received and filed; and, THAT County Council approve the use of a Request for Proposal process to acquire the services of an engineering consultant firm to replace the collapsed Imperial Road Bridge. - Carried. Traffic on Imperial Road, North of Aylmer — Director of Engineering Services The director presented the report informing Council that the Township of Malahide has written to Elgin County requesting the County review Imperial Road in the vicinity of Moore's Flower & Garden Centre and Clovermead Adventure Farm after traffic concerns were raised to township council. Moved by Councillor McWilliam Seconded by Councillor Wiehle THAT the report titled "Traffic on Imperial Road, North of Aylmer" from the Director of Engineering Services, dated August 31, 2018, be received and filed; and, 12 County Council 4 September 11, 2018 THAT the Chief Administrative Officer write a letter to the Township of Malahide Chief Administrative Officer acknowledging the traffic concerns the township has raised; and, THAT the County of Elgin recommend a traffic study of Imperial Road (Elgin Road 73) be undertaken jointly by the County of Elgin and the Township of Malahide with costs to be shared at a percentage to be determined. - Carried. Council directed staff to prepare a report allowing for a consistent approach, procedures and parameters with which the County will consider undertaking shared traffic studies. East Road — Sunset Road Traffic Study Cost Sharing Proposal with Central Elgin — Director of Engineering Services The director presented the report recommending that Council authorize Elgin County and Central Elgin to jointly lead and fund the cost to complete an overall traffic impact study at the intersection of East Road and Sunset Road that will review traffic volumes, turning movements and identify both future intersection locations and intersection improvements. Moved by Councillor Wiehle Seconded by Councillor Jones THAT County Council authorize the expenditure of a joint traffic study of East Road (Elgin Road 23) and Sunset Road (Elgin Road 4), led by the County of Elgin and the Municipality of Central Elgin, at a percentage to be determined. - Carried. Deputy Warden Position Review — Chief Administrative Officer The Chief Administrative Officer presented the report summarizing the Deputy Warden Pilot Project and requesting direction from Council regarding making this position permanent. Moved by Councillor Mennill Seconded by Councillor McWilliam THAT staff be directed to amend the Procedural By-law to include a provision whereby the Deputy Warden will be the most immediate past Warden who is a member of Council as part of a broader Procedural By-law amendment which will be reviewed by County Council. - Carried. Rough Railway Crossings in Elgin County — Chief Administrative Officer The Chief Administrative Officer presented the report raising the issue of a formal complaint that was received in regard to rough railway crossings in Elgin County. Although these railway crossings are not under the jurisdiction of Elgin County, the Chief Administrative Officer is recommending that the County play a role in advocating for repairs through Transport Canada. Moved by Councillor McWilliam Seconded by Councillor Mennill THAT the Engineering Services staff be directed to evaluate the safety of railway crossings on County roads in Elgin County against the Grade Crossing Regulations under the Railway Safety Act and identify which railway crossings do not meet minimum standards and investigate whether it is the road approach that is the issue or the railway crossing itself; and, THAT this information be provided to County Council for their information at a future meeting; and, THAT County Council invite a representative from Transport Canada to present to Council about Grade Crossings Regulations and the Railways Safety Act in an effort to clarify roles and responsibilities; and, 5 County Council 5 September 11, 2018 THAT Engineering Services staff be directed to follow up with Transport Canada notifying them of unsafe and rough railway crossings in Elgin County to advocate for immediate repair of these issues; and, THAT the Chief Administrative Officer be directed to follow up with the complainant, notifying them of the direction provided by County Council. - Carried. Civil Enforcement of Reforestation Orders — County Solicitor The solicitor presented the report advising Council of an option for enforcement of Reforestation Orders made by Provincial Offences Court through civil proceedings and in particular through contempt proceedings commenced in the Superior Court of Justice. Moved by Councillor Jones Seconded by Councillor Wiehle THAT the report titled "Civil Enforcement of Reforestation Orders" from the County Solicitor and County Prosecutor/Solicitor, dated September 5, 2018, be received and filed; and, THAT subject to approval by Council prior to commencement of any specific proceeding, the County Solicitor including any legal staff, be authorized to pursue civil enforcement of Reforestation Orders issued by the St. Thomas Provincial Offences Court (or any successor thereto) for non-compliance with the terms thereof. - Carried. CORRESPONDENCE Items for Consideration Peter Crockett, P. Eng., Chief Administrative Officer, Oxford County seeking support of Oxford County's SouthwestLynx proposal for the development of an Integrated High - Performance Public Transportation Solution for Southwestern Ontario. 2. M. Casavecchia-Somers, Chief Administrative Officer/Clerk, Township of Malahide with concerns regarding Traffic on Imperial Road, North of Aylmer and response from Julie Gonyou, Chief Administrative Officer, County of Elgin. The following recommendation was adopted in regard to Correspondence Item #1: Moved by Councillor Jones Seconded by Councillor Martyn THAT Elgin County Council support Oxford County's SouthwestLynx Proposal for the development of an Integrated High -Performance Public Transportation Solution for Southwestern Ontario. - Carried. The following recommendation was adopted in regard to Correspondence Item #2: Moved by Councillor Jenkins Seconded by Councillor Mennill THAT correspondence from the Township of Malahide be received and filed. - Carried. 9 County Council 6 Items for Information (Consent Agenda) September 11, 2018 Fran Bell, Chair, Tillsonburg & District MSC (Multi -Service Centre) and Val Foerster, Chair, Stonebridge Community Services announcing appointment of Kathryn Leatherland as Executive Director and Chief Executive Officer of the MSC and Stonebridge organizations. 2. Fanshawe Foundation Summer 2018 Newsletter and 2017/18 Annual Report. 3. Elgin Residential Hospice Status Report from the Elgin Residential Hospice Planning Committee June 2018. Moved by Councillor Mennill Seconded by Councillor Wiehle THAT Correspondence Items #1 & 2 be received and filed. - Carried. Moved by Councillor Martyn Seconded by Councillor Jenkins THAT the County of Elgin support a hospice location in Elgin County and request funding for this hospice from the Ministry of Health and Long -Term Care. - Carried. OTHER BUSINESS Statements/Inquiries by Members Councillor McWilliam was appointed an Executive Member on the Community Schools Alliance. Maintaining schools in rural communities is an important cause to Councillor McWilliam and he hopes that the new Provincial Government will be open to strategies that preserve these schools. Farm Tax Rebate Report — Warden Marr The Warden presented the report recommending that Council advocate to the Provincial Government to provide a tax rebate to farmers. Moved by Councillor McWilliam Seconded by Councillor Jones THAT a meeting be organized with Minister Yurek in regard to the request that the provincial government consider funding a farm tax rebate program; and, THAT the Warden, on behalf of County Council engage in conversations with Elgin Federation of Agriculture, the Ontario Federation of Agriculture, National Farmers' Association, the Christian Farmers and ROMA; and, THAT the Warden and Chief Administrative Officer meet with neighbouring counties to discuss this initiative; and, THAT the Warden solicit support from the Western Ontario Warden's Caucus for a provincially funded farm tax rebate program. - Carried. Notice of Motion — None. Matters of Urgency — None. Council recessed at 11:44 a.m. reconvened at 11:49 a.m. 7 County Council 7 September 11, 2018 Closed Meeting Items 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; In -Camera Item #1 (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 — Enforcement of Reforestation. In -Camera Item #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. In -Camera Item #3 (b) personal matters about an identifiable individual, including municipal or local board employees — Organizational Update. Moved by Councillor Jones Seconded by Councillor Wiehle THAT we do now rise and report. In -Camera Item #1 Moved by Councillor McWilliam Seconded by Councillor Wiehle THAT staff proceed as directed. In -Camera Item #2 Moved by Councillor Jones Seconded by Councillor Martyn THAT staff proceed as directed. In -Camera Item #3 Moved by Councillor Mennill Seconded by Councillor Ens THAT staff proceed as directed. 0 - Carried. - Carried. - Carried. - Carried. - Carried. County Council 8 September 11, 2018 Motion to Adopt Recommendations of the Committee of the Whole Moved by Councillor Jenkins Seconded by Councillor Jones THAT we do now adopt recommendations of the Committee Of The Whole. - Carried. BY-LAW Moved by Councillor Mennill Seconded by Councillor Martyn THAT By -Law No. 18-32 "Being a By -Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the September 11, 2018 Meeting" be read a first, second and third time and finally passed. - Carried. ADJOURNMENT Moved by Councillor McWilliam Seconded by Councillor Wiehle THAT we do now adjourn at 1:25 p.m. to meet again on September 25, 2018 at the County Administration Building Council Chambers at 9:00 a.m. - Carried. Julie Gonyou, David Marr, Chief Administrative Officer. Warden. 9 The Corporation of the Municipality of Central Elgin Port Stanley Fmire Hal Relief of County of Elgin Roads [,-*',Ian and Policy — February 200,t' • Existing Port Stanley Fire hall is in need of replacement. — Building condition — Existing site is not conducive to fire fighter response to the station due to lack of parking. — Physical size of building is not able to house a modern fire service. Municipality acquired land at intersection of Sunset Roa d Eq-st ii 2016. 11 12 • • . Uy"ANNOI •1 Main corridor for multiple accesses to the village. Allows redevelopment of a site to improve th character of Port Stanley's gateway. I A sufficiently building be constructed. Large enough t• house — Allows Central Elgin to partner with the County of Elgin to house a satellite location for land ambulance if required. Sufficient area for parking. • Full municipal services are available to service the property. 13 14 MOT , The plateau area of the lot that is east of the proposed building site is "fill" from when MTO constructed Sunset Road and will not support a The proposed • envelope is constrained I- M Lo the south by the toe of slope. _ This pushes the building • • Sunset Roal 15 M 'a , 'N .1 • • •1 4110 v4ea1 • Current County of Elgin Road Policy requires a setback from the centerline of Sunset Road of Building will be located 5 meters into that setback or 21 meters from the centerline of roadway. Central Elgin staff have reviewed cross section of Sunset and it can be widened to 4 lanes witWi a bike lane in the future with the face of the building located 21 meters from the centerline of Sunset. i[: 17 "That the Council of t_ County of • allow• of • to construct• setback of not less than 21 metres from the centerline of Sunset Road. 11 iE. REPORTS OF COUNCIL AND STAFF September 25, 2018 Council Reports — (ATTACHED) Councillors Grant Jones and Cameron McWilliam — Annual Warden's Dinner Staff Reports —(ATTACHED) Economic Development — Rural Economic Development Program (RED) Work in Elgin Application Summary Marketing and Communications Coordinator— Rural Economic Development Program (RED) Transportation Application Summary Director of Engineering Services — Port Stanley Fire Station — Reduced Minor Arterial Road Setback Director of Engineering Services — Traffic Studies — A Cost Sharing Proposal Director of Engineering Services — Centennial Avenue — Speeding Concerns Deputy Director of Engineering Services — No Parking By -Law Amendment — Whittaker Road, Springfield Accessibility Coordinator —Accessibility Update Director of Human Resources — 2019 Employee Benefits Renewal Forecast Chief Administrative Officer/Clerk — Review of Legislative Changes — Bill 68 — Modernizing Ontario's Municipal Legislation Act, 2017 and Municipal Conflict of Interest Act, 1990. Chief Administrative Officer/Clerk — Proposed Amendments to Elgin County Council's Procedural By -Law Chief Administrative Officer/Clerk — Proposed Amendments to Elgin County Council's Policies Manual' 19 �iw��rrmJJlJ)G� ._ gii REPORT TO COUNTY COUNCIL FROM: Councillors Jones and McWilliam DATE: September 14, 2018 SUBJECT: Annual Warden's Dinner INTRODUCTION: It is the policy of Council to arrange annual recognition to honour the outgoing warden for his/her year of service with the Social/Entertainment Committee planning the program. The gathering includes County Council, Senior Staff, Past Wardens and Spouses, the local M.P., M.P.P., the Mayor of St. Thomas, the County Solicitor, the County Auditor, and the Warden's list of invitees (family, friends, colleagues, special guests etc.). DISCUSSION: The date for the Warden's Dinner has been set for Friday, November 23, 2018 at the Masonic Hall in Central Elgin, with the social hour beginning at 5:30 p.m. followed by dinner and program at 6:30 p.m. The Warden has assigned a number of duties to Councillors for the event- Chairpersons/Co-emcees — Councillors Jones and McWilliam; Grace - Councillor Jenkins; Recognition of Past Wardens and Spouses — Councillor Wiehle; Moment of Silence for Past Wardens — Councillor Ens; Remarks to Warden - Councillors Jones and McWilliam; Presentation of gift to Warden David Marr - Past Warden Grant Jones. Dress for the Warden's banquet is the official County Council uniform. RECOMMENDATION: THAT the report titled "Annual Warden's Dinner 2018" from Councillors Jones and McWilliam, dated September 14, 2018 be received and filed. All of which is Respectfully Submitted Approved for Submission Councillor Grant Jones Julie Gonyou Councillor Cameron McWilliam Chief Administrative Officer 20 PROGRAM Welcome and Introduction of Warden, County Council, and Special Guests — Chairpersons/Co-emcees — Councillors Grant Jones and Cameron McWilliam Grace — Councillor Jim Jenkins DINNER Recognition of Ex -Wardens and Spouses in Attendance — Councillor Bernie Wiehle Moment of Silence to Honour Past Wardens — Councillor Paul Ens Remarks - Councillors Grant Jones and Cameron McWilliam Gift - Past Warden Grant Jones to Warden David Marr Warden's Remarks — Warden David Marr 21 �iw��rrmJJlJ)G� ._ gii REPORT TO COUNTY COUNCIL FROM: Kate Burns Gallagher, Economic Development Alan Smith, General Manager of Economic Development DATE: September 17, 2018 SUBJECT: Rural Economic Development Program (RED) Work In Elgin Application Summary INTRODUCTION: Economic Development has long been one of the key priorities of County Council. A successful economy has a robust and diverse workforce. Today many communities in Ontario and in Elgin County are suffering with workforce shortages. The Ontario Ministry of Agriculture, Food and Rural Affairs' Rural Economic Development (RED) Program offers an opportunity for Elgin to apply for funding to find solutions to our workforce issues. The following report seeks Council's approval to move forward with a Work In Elgin program application to the RED program. The deadline to apply for RED funding is September 28, 2018. DISCUSSION: Application Details The application guidelines state that Ontario's Rural Economic Development (RED) program helps rural communities remove barriers to community economic development. The RED program supports the provincial government's plan to create jobs, grow the economy, and help people in their everyday lives by: • helping remove barriers to economic development for rural communities, Indigenous communities and organizations, and not-for-profit organizations. helping rural communities identify their economic strengths and develop strategies to attract business and investment which will help to retain and create jobs. • helping rural communities and partners to be in a more competitive economic position so that they can diversify and grow their local economies - making economic growth more inclusive so that Ontario's growing economy delivers real benefits to rural Ontario. RED program projects are cost -shared. The Province of Ontario may provide up to 50% of the eligible project costs, up to $100,000 in provincial funding. 22 Workforce Challenges Elgin County's workforce challenges are becoming more visible by simply driving down the road. The Help Wanted signs are on billboards on the side of the road and in the front windows of local businesses of all types. With record low unemployment rates, comes the challenge of finding people to fill positions from entry level to high skilled trades and professions. Application Summary Should the County of Elgin be successful in its application to receive funding from OMAFRA, the Work In Elgin program will be based on the very successful workinoxford.ca and the new workinmiddlesex.ca model. The Feasibility Study for the Recruitment and Labour Market Information Platform (Job Board), see Appendix 1, prepared for the Elgin, Middlesex, Oxford, Workforce Planning Board by Robert Herold, "confirmed overarching support for a regional job board that serves all Counties and associated municipalities within the Elgin, Middlesex and Oxford catchment area." On Page 4 of the report and below the image shows how a proposed regional site would work; Vu ofk in Reguc M -,a ��;.airnple�ygna cre;. yr�Y� In order to take advantage of a regional job platform Elgin would need to have a workinelgin.ca site first. This site will allow businesses to post jobs and serve as a centralized location in Elgin for all job postings. The County can then promote this website in their attraction efforts and have real time data from job postings to see what kinds of jobs are available, what are being filled and where the gaps are. 23 WorkinOxford.ca was developed to engage local job seekers and employers as well as potential candidates beyond County lines. Workinoxford.ca was designed to provide seamless access to employment opportunities but also the tools and resources to successfully integrate into the workforce. In two years workinoxford.ca has had over 180, 000 site sessions, over 570 e -alert subscribers, visitors spend on average 4 to 12 minutes on the site and there are over 650 employer accounts and 620 applicants, the site is also attracting graduate applicants from around the world. It is estimated that a website and supporting marketing materials would cost approximately, but no more than $20,000. If Elgin were to successfully obtain 50% funding from RED, the County would be required to fund the remaining $10,000. Staff is recommending that Council approve in principle, $10,000 towards this Work In Elgin project (on the condition that Elgin is successful in its application to RED), to be considered during the 2019 budget deliberation process. In the event that the new Council decides not to include this $10,000 in the 2019 budget, Elgin can decline any offer of funding from RED. CONCLUSION: Staff is seeking Council's approval to pursue further funding opportunities for a Work In Elgin plan through the Ontario Ministry of Agriculture Food and Rural Affairs' Rural Economic Development (RED) program. The County of Elgin will be notified in early 2019 whether its application was successful. RECOMMENDATIONS: THAT Elgin County Council authorize staff to apply for Ontario Ministry of Agriculture, Food and Rural Affairs' Rural Economic Development (RED) program funding to undertake a Work In Elgin program; and, THAT the upset limit for the cost of this project be $20,000; and, THAT Council approve, in principle, the funding of the 50% balance of this project at a limit of $10,000, to be formally considered during the 2019 budget deliberations; and, THAT final approval of these funds be at the discretion of the incoming Council. All of which is Respectfully Submitted Kate Burns Gallagher Economic Development Approved for Submission Julie Gonyou Chief Administrative Officer Alan Smith General Manager of Economic Development 24 I iilym � 'A I i -: � ril Msi UMWO • Robert Herold, P. Eng. - rob@heroldpartners.com - 519-495-5574 25 'Table of Contents FEASIBILITYSTUDY..................................................................................................................................3 1 IMPLEMENT REGIONAL RECRUITMENT AND LMI PLATFORM AND A NETWORK OF SITES.......................................3 1.1 RESEARCH TWO DATABASE HIERARCHY OPTIONS..........................................................................................4 1.2 INTERFACE WITH NON WORKINREGION JOB BOARD SITES..............................................................................5 1.3 DEVELOP PARTNERSHIPS AND CONTENT FOR THE INFORMATION SECTIONS OF THE PLATFORM...............................5 VOLUNTEER................................................................................................................................................5 STARTYOUR BUSINESS..................................................................................................................................6 FOREMPLOYERS..........................................................................................................................................6 WORKINOXFORD. CA/PRACTICE......................................................................................................................7 2. INTEGRATE THE PLATFORM WITH "GOOGLE FOR JOBS" TO ENHANCE VISIBILITY....................................................7 3 EXPLORE PARTNERSHIP WITH MARS EMPLOYMENT PATHWAYS PROGRAM(EPP).................................................8 4 ENHANCE SECURITY AND ACCESSIBILITY COMPLIANCE......................................................................................8 SECURITY...................................................................................................................................................8 ACCESSIBILITY.............................................................................................................................................9 5 CREATE PROJECT MANAGEMENT TASK FORCE TO IMPLEMENT THE PROJECT.........................................................9 6. ENHANCE RURAL EMPLOYMENT INITIATIVE (REI) EFFORTS.............................................................................10 RURAL JOB POSTING TRENDS.......................................................................................................................10 WORKINOXFORD BACKGROUND AND TRACK RECORD......................................................................................11 CASE STUDY - EARLY CHILDHOOD EDUCATORS NEEDED....................................................................................13 REFERENCES 15 APPENDIX - LETTERS OF SUPPORT........................................................................................................16 26 Feasibility Study The Elgin Middlesex Oxford Workforce Planning and Development Board engaged Robert Herold Eng. to assess the feasibility for a Job Board for the Elgin -St. Thomas sub region. The job board under consideration is the Recruitment and Labour Market Information (LMI) platform developed by Community Employment Services in Oxford with the URL WorkinOxford.ca. Primary research included consultations with over 25 stakeholder organizations and subject matter experts from across the region of Elgin, Middlesex and Oxford. These interactions suggested The study pointed toward an overarching recommendation for a regional solution. The proposed regional future state would provide critical mass to ideally leverage: The resources of the regional Employment Service Provider (ESP's) from across the region; Consolidation of job boards and job board search technology trends. 1. Implement a Regional Recruitment and LMI Platform and a ^~^^~~~~~^^^ of ~°^~e= The reality is that employees cross municipal and county lines daily to commute to work. Employers are increasingly forced to look beyond the immediate local community to fill jobs requiring experience and or skills. Early conversations at the start of the Feasibility Study informed the hypothesis for a regional approach for a job board. Subsequent conversations confirmed overarching support for a Regional job board that serves all counties and associated municipalities within the Elgin, Middlesex and Oxford catchment. Please refer to the Letters of Support from the Economic Development Offices of the municipalities of Aylmer, Elgin County and St. Thomas inthe Appendix. Additionally, the four Employment Ontario agencies achieved a consensus at a meeting held at the LEPC on May 101h One stakeholder summed up the outcomes of the meeting, "A Tri -county site is something / endorse,- we need to define the vision." Benefits of a regional site include: Create critical mass and awareness that will increase organic search rankings. Leverage economies ofscale toinvest inmarketing and technological promotion such aoasearch engine optimization orSEC. FoUowingthepattennoftheVVodjnOxford.cap000ib|e"URL"nameoforthemaoterohemight include VVorkinSouthwesternDntariozaVVorkinSouthwestOntario.caorVVorkinSVVOza 27 1.1 Research two Database Hierarchy Options The recommendation for a regional approach has been vetted with Red Barn, the design company for WorkinOxford, to understand what is technologically possible. Figure 1 illustrates the hierarchy of the Tier 1 Regional site interfacing with the Tier 2 sub -regional sites. WkN!& IIY �ZP,C)0451Y.CiL 3 uA — — OJ9.5 EeeA .uld — Empluymsnt S.MY 5Wb Jab.nrg Elgin ca UUNA BS B:i� I.GiI "1✓tit'el"OrIV W STE.c pGnnpl+rYnn0rrrc kaIn) F­ Figure 1. Conceptual WorkinRegion.ca Network map There are two possible database structures to be explored to achieve the above vision. Option 1: Autonomous sites for each Subregion (e.g. County) This option would build on the foundation of the current state of WorkinOxford.ca and orkinMiddlesex.ca. Each sub -region would have an instance (Tier 2 site), which could be hosted on separate servers (e.g. at a municipality). If this option were selected, the local site owner would be responsible for infrastructure performance, security and data backups of their respective Tier 2 site. This approach would support local customization. This option may provide more flexibility for linking the elcometoSTE.ca to a proposed WorkinElgin.ca site. Sub -regions would enter job postings and other data on their local Tier 2 site. The Regional Tier 1 site would aggregate the job postings from the Tier 2 sites. For example, the Tier 1 site might make "calls" to the Tier 2 sites on a periodic basis to update the regional database. 28 4 Option 2: Single "Multi -tenant" Platform for Region A single platform would be developed to run all locations via a single database. This approach would be similar to "Software as a Service" (SaaS) solutions such as Salesforce, the World's largest CRM. This option would combine hosting and support by default hence no need to manage infrastructure by the sub -regions. The con is that a single database limits the ability to customize each site locally. Each of the sub -regions would still have a unique URL such as WorkinOxford.ca pointing only to the jobs for their respective sub -region. Each Option has pros and cons that must be investigated further with the technology vendor to ensure sustainability. 1.2 Interface with Non WorkinRegion job board sites Existing local job boards such as httpseJlemploymentserviceselgin,ca and https://www.swojobs.org may be updated by a simple RSS feed received from the Tier 1 Regional site. This functionality would require an investment by the respective site owner to engage their web developer to code and support this new functionality. The workflow then would be to enter their job postings on the WorkinRegion site. These postings would be provided as an RSS feed as required by the local Tier 2 database. 1.3 Develop partnerships and content for the information sections of the platform The orkinRegion,ca Job Board template might be called a'Community Opportunity Platform'. In addition to the standard functionality of a typical job board, it enables the communication of Volunteer Opportunities, Entrepreneurship and Businesses Resources and also a targeted portal for recruiting Physicians. The Feasibility Study confirmed support for several of these features. Volunteer The Elgin St. Thomas community lacks a centralized Volunteer board. The WorkinOxford Volunteer board has been very successful, reporting to have currently as many as 200 volunteer opportunities posted on the site. These include postings for volunteer board positions, co-op placements and High school community service (40) Hours. 29 The Executive Director of STEAM, advised that her volunteer -based organization is seeking funding to get a co-op & volunteer board off the ground for youth 12-18 years old and would be interested in leveraging the opportunity that the proposed orkinElgin,ca board would provide. Please refer to the Letter of Support from the STEAM Centre in the Appendix. On April 4th at the Elgin Workforce Development Network meeting, it was reported that there is a lack of visibility of both co-op opportunities and interested candidates in the area. This finding was collected at a roundtable with eleven local employers hosted by the Chamber of Commerce on January 16, 2018. Bob further explained that the "list" is rotated to only one high school each year due to a finite supply of identified co-op opportunities. During a meeting organized with the four regional ESP's on May 10th, the CEO of the Community Employment Services (CES) in Oxford explained, "developing co-op opportunities is very labour intensive." Additionally, "the list for co-op placements is not responsive to the student." The self-service paradigm of the Volunteer board eliminates these constraints. `Start Your Business' Both Community Futures Oxford and the Woodstock and Area Small Business Centre are linked to WorkinOxford "Start Your Business" site. The content in this section will be enhanced "to include all new initiatives and support connectivity to appropriate service providers." (OWPD, 2018, Pg. 24) Both the Elgin Business Resource Centre (EBRC), which is a Federally funded CFDC and the St. Thomas Business Enterprise Centre (SBEC) are interested in linking to the "Start Your Business" section of a local site. The two organizations collaborate extensively through "back and forth" referrals. STEAM is also interested in contributing to the "Young Entrepreneurs" section. Please refer to the Letters of Support from the EBRC and the SBEC in the Appendix. `For Employers' The 'For Employers' section was a new element added as an enhancement to the orkinMiddlesex.ca implementation by Middlesex County. It resonates with one of the key recommendations made at the January 16th consultation with local small business organized by the St. Thomas Chamber of Commerce. Regarding "Service issues" it was suggested that employers be provided with a "list of key services at their disposal." For example, employment and Training programs such as the COJG could be described here with links to the respective ESP's sites. Additionally, information regarding financing growth and succession planning for established businesses could be linked to the EBRC. The possibilities are endless. 30 WorkinOxford.ca/Practice "Building upon the success of WorkinOxford.ca, the Oxford Physician Recruitment Committee [utilizes] the Work in Oxford web -platform to build a version specific to Oxford physician recruitment. Leveraging the WorkinOxford platform, the local physician recruiting team markets directly to "healthcare professionals regionally, nationally and internationally, who seek the high quality of life offered in Oxford County." (OWPD, 2018, Pg. 19) 2. Integrate the platform with "Google for Jobs" to enhance visibility 'Google for Jobs' was launched in Canada on April 26, 2018. "This new feature aggregates job listings from job boards and career sites to show them upfront via the search engine. To users, it will seem that the job is posted directly on Google." (Chouinard and Savoie, 2018) The Federal Governments "Job Bank" site and "Jobillico" are both participating in the Canadian launch as are major international sites including Monster, Glassdoor and Linkedln. Indeed, which uses a proprietary search algorithm, has chosen not to participate, which perhaps presents an opportunity for the proposed regional job board. To be included in the 'Google for Jobs' results, the job board provider needs to embed specific code on the jobs posted. Google will then be able to pull those jobs from the website and include it as part of the job search user experience. "It's an open platform," said [Joy] Xi [product manager at Google]. "We have all the documentation online so anyone who has job postings on their website, even a mom and pop shop can integrate so their jobs can be seen by everyone who searches for jobs on Google." "This is just the beginning of something that's going to be really great for anyone looking for a job," saidXi. "We've got a mission to reduce unemployment and grow access to information online so that everyone has access to more jobs." (Behar, 2018) Dan Hashemi of Red Barn confirms that the Markup used for 'Google for Jobs' is "pretty standard". "There would be some technical investigation required, however, it is feasible." 31 3. Explore partnership with MaRS Employment Pathways Program (EPP) In tandem with the launch of 'Google for Jobs', Google and MaRS announced a partnership supported by a 1 million dollar donation by the Google.org Foundation, the first ever in Canada. "The $1 million grant from Google will go towards MaRS' Employment Pathway Platform (EPP), an online tool the not-for-profit corporation says will help Canadians prepare themselves for the jobs of the future." (Coop, 2018) seekers. The EPP is an AI -powered tool that leverages big data and machine learning for the benefit of job "The platform will use algorithms to analyze users'skills and experiences, and couple them with expected shifts in technology adoption and predicted growth sectors." (Dunckelman and Greenwood, 2018) An initial discovery call has been scheduled between the LEPC and MaRS EPP program to assess if there are synergies between EPP and regional initiatives. 4. Enhance Security and Accessibility Compliance Security It is commendable that the WorkinOxford site has not had a security breach reported in almost four years of use. The site benefits from the use of the Expression Engine CMS, which takes security seriously; there has not been "a single ExpressionEnine exploit" (Show -EE) reported since 2007. Additionally, Red Barn has taken a proactive approach to continuously improving security including the following strategies: • The system currently can vary the settings to require passwords that are not dictionary words. • "Instead of requiring users to input a captcha field, the system generates a hidden field and using a combination of javascript and time -based database and session keys, verifies that the form input is not from a Spambot, adds Dan Hashemi. • Implemented server -side SSL to the WorkinMiddlesex.ca instance and will be applied for and all future regions/sites. A regional site and expanding network will have more visibility, and hence it is critical to invest in maintaining this vigilance. This requirement may influence adopting more comprehensive password 32 standards. The platform has the inherent capability to do this. Depending on the final technical architecture to enable the regional hierarchy, common password structure may be required. Accessibility Under AODA, Ontario has legislated in the Accessibility Standard for Information and Communications that public websites and their content must meet WCAG 2.0 as outlined. This applies to new and significantly refreshed public websites accessible ithe organization is: a private or non-profit organization with 50+ employees; or a public sector organization The organization that controls the website must meet the following accessibility requirements by Beginning January 1, 2014: new public websites, significantly refreshed websites and any web content posted after January 1, 2012, must meet Web Content Accessibility Guidelines (WCAG) 2.0 Level A Beginning January 1, 2021: all public websites and web content posted after January 1, 2012, must meet Web Content Accessibility Guidelines (WCAG) 2.0 Level AA other than criteria 1.2.4 (live captions) and 1.2.5 (pre-recorded audio descriptions) (Queens Printer, 2018) Red Barn has taken a proactive approach to Accessibility. Planned initiatives include: Review sites colour schemes to make sure that contrast levels meet AODA requirements. Update code structure to meet WCAG 2.0 Guidelines and be more "screen reader accessible" General updates for a series of AODA requirements 5. Create Project Management Task Force to implement the project Delivery of any project "off the side of the desk" can prove to be a challenge. Therefore, a Project Management approach would enhance delivery. Nominally a task force charged with implementing the project should be organized. Activities include confirming/applying for funding, coordinating the collaborations, developing the content, and liaising with the technology vendor. Perhaps most importantly a marketing launch campaign should be planned, funded and organized by the regional partners. It was observed that, "The challenge is leadership; time and commitment needs to be negotiated." An Executive Steering committee would represent interests across the region and ensure that the above constraints are managed. The taskforce would report to the Steering Committee with senior representation from across the region. 33 6 Enhance Rural Employment Initiative (REI) efforts Through a partnership with the Newcomer Centre of Peel [a settlement agency] under the Rural Employment Initiative (REI), Work in Oxford is being directly promoted to secondary immigrants, who want to relocate from the Peel Region to explore the opportunities and lifestyle Oxford can provide. Check against quote "The goal is to facilitate the movement of secondary immigrants from the metropolitan GTA to rural Southwestern Ontario by connecting them with sustainable jobs in these regions. Oxford County has already shown success with this partnership. Candidates have been selected by local employers and are successfully integrating into Oxford County and are contributing to our economic vitality. (OWDP, 2018, Pg. 19) A suggestion was made to extend the program to other regions of the GTA such as Scarborough and Etobicoke. Grey County has also been aggressively courting this initiative. In March of this year the county "— along with the Newcomer Centre of Peel,... was busing in new immigrants from Brampton, Mississauga and Toronto for afield trip and the region's annual jab fair in Owen Sound, more than two hours' drive northwest of Toronto." (Keung, 2018) Elgin County has also participated in this initiative. However, it was observed that one of the significant challenges to recruiting immigrants is that there is no money to support relocating to the region. As a region, there may be opportunities to leverage critical mass to increase the number of REI candidates considering the region and share best practices to improve conversions. Rural Job Posting Trends The Operations Manager of SRG Staffing revealed that currently 50% of the company's postings are placed with Indeed, which is owned by Recruit Holdings based in Japan. The Operations Manager stated that she did not like where Indeed's business model has evolved. Indeed was originally a search engine of all jobs; now they are a competing job board. The site does not display the most recent job postings instead the algorithm prioritizes the jobs based on a "pay per clicks" model. Coincidentally, Recruit Holdings Co., Ltd. of Japan acquired the website and assets of Canadian job site Workopolis.com through its subsidiary, Indeed on April 4, 2018. A former Indeed employee commented that this is an "interesting move that basically gives them a monopoly on Canada," (Cheesman, 2018). 34 10 It was noted that in the Tillsonburg community "word of mouth" and traditional mediums such as flyers are still very effective. One flyer that was translated to German resulted in a 25% increase in applications. SRG has also had success in developing referral networks. For example, SRG credits Conestoga College as their "top recruiting force." SRG also uses other platforms including WorkInOxford.ca platform, Jobillico.com, Knight Hunter, S OJOBS,org and the Federal jobs banks. However, the problem with the jobs bank is that staff have to register their social insurance number. When employees leave recruiting firms or ESP's, so does their jobs bank account. Regarding the WorkInOxford.ca platform, the Operations Manager at SRG said she liked how you can quickly see today's job posting. She supports the idea of a regional board adding "to be successful will come from expanding to other areas." Google for Jobs presents an opportunity for a regional level search site. Finally, it was recommended that a regional site would need to be promoted through social media. Please refer to the Letter of Support from SRG in the Appendix. WorkinOxford Background and Track Record The WorkinOxford.ca has evolved to become a comprehensive Recruitment and Labour Market Information platform over several years under the direction of Natalie Surridge, Program Director, Oxford Workforce Development Partnership. In 2008, the County developed a Strategic Plan in consultation with 150 employers. One of the recommendations was to consolidate the seven local sites associated with the respective municipalities into one. The community partners contributed to produce the original WorkinOxford.ca beta site. Within one year of the launch, it was observed that the site was getting traction. At this stage, a business plan was commissioned to examine how to move forward. Based on consultations with 30 to 40 employers, the plan recommended investing in the redevelopment of WorkinOxford.ca. Red Barn designed the current site using the Expression Engine content management system. To date, Community Employment Services and its partners in Oxford County have invested $100,000 to develop the WorkinOxford.ca site. The current site is a powerful Recruitment and LMI platform that has produced tangible results as reported in Future Oxford. "The back -end reporting section of WorkinOxford.ca has also been optimized to provide more detailed reporting to assist employers and service providers with accurate local labour market information and statistics." (OWDP, 2018, p. 11) 35 11 IN IF O, II f� If;;'. 11,,,,11 S 11 114 U II IYD If..:.11R " w Y IG!p. A I S In only its first phase, the numbers prove that Work In Oxford is already a tremendous success. Over 150,000 Site Sessions ..........� The site on average receives between 500 to 1,000 visits per day. 0 Over 570 a -Alert subscribers The e -Alert notifications have had a tremendous +60% open rate. visitors give their time On average, site visitors spend between 4 to 12 minutes per visit. 0 From across Canada In Canada alone, the site has had visits from nearly every province. Over 1,270 registered accounts " Over 650 employers and 620 applicants have registered for accounts. Attracting graduate applicants from around the world. From Canada & the US, to China, Russia, Pakistan and Brazil. (OWDP, 2018, p. 38) Oxford Workforce Development Partnership (OWDP), reported the following in Working together to build a stronger workforce &grow economic prosperity in Oxford (2018): • WorkinOxford.ca was developed to not only engage local job seekers and employers but potential candidates beyond our boundaries. Workinoxford.ca is designed to not only provide seamless access to employment opportunities but also the tools and resources to successfully integrate into the workforce. • The WorkinOxford.ca brand is marketed within Oxford County and across Southern Ontario, with focus on the London Economic Region and Peel Region. Number of employers registered to date: 771 Number of job postings since site launch: 4740 Number of job seekers currently: 737 WOIl:::�Il<IlINOXIl:::=OIl:::�lD,.CA F 11...... • The Virtual Counsellor tool was developed as a mechanism to increase direct engagement between job seekers and local employment counsellors. This resource has been developed with integrated options such as live chats and simple dynamic forms to access programs and services. 36 12 • The Virtual Career Fair platform connects employers and applicants in real-time, promoting dialogue and allowing for engaging online discussions, helping Oxford employers become accessible worldwide. • OWPD along with its myriad of partners including the Employment Ontario Network and LEPC have been actively promoting hard -to -fill positions. This process has proven to be successful securing candidates from as close as the Kitchener -Waterloo area and as far away as Greece, Jamaica and India. (Pg. 19) Case Study - Early Childhood Educator's Needed Situation: There was a critical shortage of Early Childhood Educator's (ECE's) in Oxford County. The CES ran a posting for some fifty ECE's and linked it to the registration page for Fanshawe's Early Childhood Education program. Within one week of the posting, the program was full and had a waiting list. Figure 2. Banner from https:l/www,fanshawec,ca�pro�rams-and-courseslpro�ram�ecel-early- childhood-educationlnext-year 37 13 It was noted, "the platform connects the dots for people between real employment opportunities and pathways to qualification." Currently, the site is cross positioning a Fanshawe click -through ad promoting trades programs adjacent to a SAF Holland Hitch job posting for various skilled trades. Figure 3. Banner from http. www.workinoxford,ca When the viewer clicks through the trades advertisement they are presented with a contact form to complete and then connect with a Fanshawe College - Student Success Advisor. The platform works because of the collaboration and partnerships between the stakeholders including the EDO's, Employment Ontario - Employment Service Providers and Post -Secondary Education. 38 14 References Behar, Rose (2018, April 26), Google's job searching and alerts feature is now available in Canada, Mobile Syrup, Retrieved May 2018 from https:jjmobilesyrup,com Cheesman, Joel (2018, April 4), Oh, Canada! Indeed.com Acquires Workopolis [Web log post], ERE Recruiting Intelligence, Retrieved May 2018 from httpso//www.ere.net Chouinard, Jean -Christophe and Savoie, Marie -Claude (2018, May 10) , How to Post a Job on Google [Web log post], Jobillico, Retrieved May 2018 from https. www,jobillico.com Coop, Alex (2018, April 26th), MaRS, Google announce Employment Pathways Program and launch of Google job search feature in Canada, Retrieved May 2018 from https .www iitworldcanada,com Dunckelman, Andrew and Greenwood, Joe (2018, April 26), Al might take your job — but it could save your career, The Globe and Mail Retrieved May 2018 from https:ljwwwwthe&lobeandmail,com The government of Ontario, How to make websites accessible, Queen's Printer for Ontario, Retrieved May 2018, from httpsl�www.ontano.ca Hillis, David (2016, October 14), Do You Want Your Content to Live in an Apartment or a House: Understanding SaaS Models [Web log post], Retrieved June 9, 2018, from http:/jwww,in�eniux.com Keung, Nicholas (2018, March 9), Rural Ontario county turns to GTA immigrants to bolster economy, The Toronto Star, Retrieved May 2018, from h11ps1 www.thestar.com OWDP (2018), Working together to build a stronger workforce & grow economic prosperity in Oxford. The Oxford Workforce Development Partnership (pp. 11, 24, and 19) Show -EE, Why Expression Engine? Retrieved May 2018 from bllpl/show-ee.com 39 15 Appendix - Letters of Support 40 16 % c (` N 0mario. Canada XylLtm e r Proud lieritagc. Bright nuturo. RE: Regional Recruitment and LMI Platform (i.e. Job Board) To Whom It May Concern: The Corporation of the Town of Aylmer 46 Talbot Street West, Aylmer, Ontario N5H 1J7 Office: 519-773-3164 Fax: 519-765-1446 www.aylmer.ca In my role as the Director of Planning and Development with the Town of Aylmer, I serve on the Elgin Workforce Development Network, which has been considering the creation of a Job Board for Elgin County and St. Thomas. The initial thought was to emulate the successful workinoxford.ca Job Board that has been implemented already nearby in the County of Oxford. It has been my experience that more and more companies and job seekers alike are not limiting their search strictly by the geography of the County or municipal boundaries when identifying employment opportunities. Therefore, I strongly support the concept of a regional based Job Board that would leverage the critical mass of the three counties of Elgin, Middlesex and Oxford and associated municipalities to strengthen the ability to attract and retain talent in the local area. Please don't hesitate to contact myself if you have any questions. Kind regards, Kale Brown Director of Planning and Development Town of Aylmer 41 r��umlVVllll � j�j � ��oIIIIIIVII����IIIIIVIIIIIVIIIVIImim� �u "� 1 gy n. Debra Mountenay, Executive Director Elgin Middlesex Oxford Workforce Planning and Development Board 647 Wilton Grove Road, Unit 3 London, Ontario N6N 1 N7 June 7, 2018 Re: Regional Recruitment and LMI Platform (i.e. Job Board) Elgin County Economic Development staff serve on the Elgin Workforce Development Network, which has discussed the opportunity to create an Elgin — St. Thomas job board similar to that of Work in Oxford. A job board for Elgin — St. Thomas that is similar to workinoxford.ca would be beneficial for both Elgin County and the City of St. Thomas, as it has been identified that various employers in this region are having difficulties finding skilled labour. Elgin County Economic Development is pleased to support the creation of a collaborative job board for Elgin, Middlesex and Oxford Counties. This regional approach would be beneficial for all Counties, as job seekers don't limit themselves to County or City boundaries when trying to find a job. Therefore, by having a regional approach, this will help with the creation of critical mass as well as assisting all surrounding communities to work together to become a strong economic region. However, Elgin County Economic Development would like to see the creation of an Elgin — St. Thomas job board, Work in Elgin, to feed into this regional website, to be on the same playing field as Middlesex County and Oxford County. Best Regards, Alan Smith General Manager, Economic Development Coliicinly of Illi 1111ghill 450 Sunset Drive St. Thomas, Ontario N5R 5V1 Canada Phone: 519-631-1460 www. elgi n-cou nty. on. ca T.TH0MAS °,Dr Debra Mountenay, Executive Director May 30, 2018 Elgin Middlesex Oxford Workforce Planning and Development Board 647 Wilton Grove Road, Unit 3 London, Ontario N6N 17 Re: Regional Recruitment and ILMI Platform (i.e. Job Board) The St. Thomas Economic Development Corporation is pleased to support the creation of a collaborative Job Board for Elgin, Middlesex and Oxford Counties and the City of St. Thomas. We have read and reviewed the proposal and are able to confirm to that we agree with its objectives and that the project fits well with our strategic goals for promoting the City of St. Thomas. We especially appreciate the level of consultation that was conducted prior to the submission of this application and look forward to the implementation of this project once funds are allocated. Our interest in and enthusiasm for the proposal is closely linked to the project's objectives, its focus, its understanding of attraction, and its commitment to making a difference for those who choose to live and work in our region. In my recent consultations with employers and particularly manufacturers, I have learned they are experiencing significant challenges to hire skilled labour. When speaking with companies at trade shows, it is apparent this occurrence extends across our region. Through my participation with the Elgin Workforce Development Network, I have gained an appreciation for the workinoxford.ca job board in successfully connecting skilled labour to employment opportunities. The St. Thomas Economic Development Corporation is supportive of a collaborative implementation of such a platform that would leverage the critical mass of our neighbouring counties and municipalities, and its commitment to making a difference for those who choose to work in our region. Sincerely, Cindy Hastings, Manager Business Development St. Thomas Economic Development Corporation St. Thomas Economic Development Corporation 545 Talbot Street, St. Thomas, ON N5P 3V7 • Phone: (519) 631-1680 ext. 4104 • Email: chastings@sttho as.on.ca w w w : 1„ I PI'`Pi II°PI fl 1 sed co II°PI o,,,,l 43 June 8, 2018 Debra Mountenay, Executive Director Elgin Middlesex Oxford Workforce Planning and Development Board 647 Wilton Grove Rd., Unit 3, London ON N6N 1N7 Dear Ms. Mountenay, STEAM Education Centre's mission is to empower all learners and makers in Southwestern Ontario to create the future through play, ingenuity and exploration using STEAM learning tools. Recently, STEAM Centre has sought funding to get a co-op & volunteer board off the ground for youth 12-18 years old. If a centralized job board and community portal was established, STEAM Education Centres would consider leveraging this opportunity. We are also particularly interested in the possibility of contributing to the "Young Entrepreneurs" section as demonstrated on the workinoxford.ca site. If you require additional information regarding this letter of support, contact me at your convenience. Warm regards, Jessica Moyes 519.619.2534 68 Cup iis St , Glindl 111x, a, rot .1:' h zir nas, C.&II U., Cai iada a,II 15111 3\A/9 a 226 212 0048, a, www ste airne':ducat� :oiro e;a awl. ,011111111111111111 11, ASSNAM AIMMMINk Am- -Amw Arm,% F� AM !W ELGIN 0-va-Mi mm�� Debra Mountenay, Executive Director Your Local Employment Planning Council The Elgin Business Resource Centre (EBRC) is a Community Futures Development Corporation serving Elgin County. As such, we participate in Elgin Workforce Development Network and are supportive of the workinoxford.ca model, A model that i considered for the Elgin/St. Thomas community. In particular, we believe there may be synergies between the EBRC services and the "Start your Business" section of the proposed St. Thomas Elgin community job board. 0 . MEMMMEMMMM2114M GEM UMM 01'r I I T#—d67TT,76T#),Ta7—d. Rp"re, 1" 6" job board to leverage critical mass and share best practices. Finally, we would be pleased to contribute our experience working productively with both Elgin County and the City of St. Thomas to help make this project a success. Regards, Kevin Jackson General Manager Elgin Business Resource Cent 300 S.Edgeware Road St Thomas, ON N5P 4L I 519-633-7597 Ext 337 45 300 South Edgeware Road, St. Thomas, ON N5P 4-L1 - Phone: 519,633, 7597 - Fax: 519,633 5070 ® cis v-,v.e1gincfdc.ca ppwi G � � I° �o° IlIII111111 �I�I!� tisllll�lll'iIIII�� "s 666e , ENTERPRISE CENTRE The Small Business Enterprise Centre's mission is to create an ecosystem where small businesses in Elgin County and St. Thomas can connect, learn, and grow their business. Supporting a "Start your Business" section of the proposed St. Thomas- Elgin communityjob board would be a tangible way for SBEC to advance our mission. This would enable SBEC to enhance the awareness of the many services that we offer to those in the area wanting to open a new business or expand a new one. Thank you, Tara McCaulley Manager, Elgin/St. Thomas Small Business Enterprise Centre Cinr7 IIII...".._&�?.sIbediininGayait oin.:ca :. 519-631-1680 ext 4503 www.sbecinnovation.ca M �iw��rrmJJlJ)G� ._ gii REPORT TO COUNTY COUNCIL FROM: Julie Gonyou, Chief Administrative Officer Alan Smith, General Manager of Economic Development Katherine Thompson, Marketing and Communications Coordinator DATE: September 12, 2018 SUBJECT: Rural Economic Development Program (RED) Transportation Application Summary INTRODUCTION: Transportation was identified as a priority for the current term of County Council and thus Elgin has been exploring solutions to the challenges associated with rural and small urban transit. In February of 2018 Elgin applied for financial assistance from the Ministry of Transportation through the Community Transportation Pilot Grant Program in the amount of $480,000 for the development and implementation of a transportation service design study for the County and its local municipal partners. Elgin County was unfortunately unsuccessful in receiving this funding. The Ontario Ministry of Agriculture, Food and Rural Affairs' Rural Economic Development (RED) Program offers another opportunity for Elgin to apply for funding to further this initiative. The following report seeks Council's approval to move forward with a similar transportation related application to the RED program. The deadline to apply for RED funding is September 28, 2018. DISCUSSION: Application Details The application guidelines state that Ontario's Rural Economic Development (RED) program helps rural communities remove barriers to community economic development. The RED program supports the provincial government's plan to create jobs, grow the economy, and help people in their everyday lives by: • helping remove barriers to economic development for rural communities, Indigenous communities and organizations, and not-for-profit organizations. • helping rural communities identify their economic strengths and develop strategies to attract business and investment which will help to retain and create jobs. • helping rural communities and partners to be in a more competitive economic position so that they can diversify and grow their local economies - making economic growth more inclusive so that Ontario's growing economy delivers real benefits to rural Ontario. RED program projects are cost -shared. The Province of Ontario may provide up to 50% of the eligible project costs, up to $100,000 in provincial funding. 47 Transportation Challenges Elgin County's transportation challenges are well-documented in the April 3, 2018 report to Elgin County Council titled "Community Transportation Pilot Grant Program Application Summary" attached hereto. Reliable transportation options are an essential component of a successful economy. Challenges that exist in Elgin act as barriers to both employment and economic participation in our community. The majority of Elgin County residents in the workforce are required to have a vehicle to get to their places of employment. Without access to a personal vehicle, many who live in Elgin's rural areas are unable to travel to work or school. This limits rural residents' access to education and training programs that can drastically increase their long term employment and earning prospects. Access to transportation also makes it possible for youth to remain living in the rural communities in which they were raised. Often to access educational and employment opportunities, youth with no access to a personal vehicle must relocated to urban centres, not out of choice but out of necessity. This migration from rural to urban centres threatens the viability of rural living. Application Summary Should the County of Elgin be successful in its application to receive funding from OMAFRA, the project will begin with a Request for Proposal to hire a consultant to undertake a two-part transportation service design study/implementation plan. The previous funding application to the Ministry of Transportation included implementation components and a pilot project that will not be part of the funding request in the RED application. In speaking to representatives from OMAFRA it was determined that the study portion of the project is eligible under the program but implementation costs are not. A comprehensive study and implementation plan are the first critical steps in this project, and once completed, Elgin will seek additional funding sources for implementation and pilot project purposes. Part l: Transportation Service Design Study The consultants will work closely with County staff and key stakeholders, conduct research and utilize experience in similar studies to identify the challenges and opportunities for a transit service in the County and, from this, develop potential concepts for a transit service that responds to local conditions. The consultants will: 1. Conduct Stakeholder Consultations 2. Conduct Peer Reviews 3. Conduct a Transit Needs Analysis 4. Develop Conceptual Design/Transit Services Options Part ll: Business Model, Financial Plan and Final Report In Part II, consultants will develop the preferred service concept option as a business model to include service, operations and implementation plans with specifics about the design of proposed transportation services. It is estimated that a study of this type would cost approximately, but no more than $100,000. If Elgin were to successfully obtain 50% funding from RED, the County would be required to fund the remaining $50,000. Staff is recommending that Council approve in principle, $50,000 towards this transportation study (on the condition that Elgin is successful in its application to RED), to be considered during the 2019 budget deliberation process. In the event that the new Council decides not to include this $50,000 in the 2019 budget, Elgin can decline any offer of funding from RED. CONCLUSION: Staff is seeking Council's approval to pursue further funding opportunities for a two-part transportation service design study/implementation plan through the Ontario Ministry of Agriculture Food and Rural Affairs' Rural Economic Development (RED) program. The County of Elgin will be notified in early 2019 whether its application was successful. RECOMMENDATIONS: THAT Elgin County Council authorize staff to apply for Ontario Ministry of Agriculture, Food and Rural Affairs' Rural Economic Development (RED) program funding to undertake a two-part transportation service design study/implementation plan; and, THAT the upset limit for the cost of this study be $100,000; and, THAT Council approve, in principle, the funding of the 50% balance of this project at a limit of $50,000, to be formally considered during the 2019 budget deliberations; and, THAT final approval of these funds be at the discretion of the incoming Council. All of which is Respectfully Submitted Julie Gonyou Chief Administrative Officer w, rmllllyij J flgin 1 wrae'h 4dWer 1M',r REPORT TO COUNTY COUNCIL bFCr FROM: Julie Gonyou, Chief Administrative Officer Katherine Thompson, Marketing and Communications Coordinator Brian Masschaele, Director of Community and Cultural Services Alan Smith, General Manager of Economic Development DATE: April 3, 2018 SUBJECT: Community Transportation Pilot Grant Program Application Summary INTRODUCTION: The County of Elgin applied for financial assistance from the Ministry of Transportation through the Community Transportation Pilot Grant Program in the amount of $480,000 for the development and implementation of a transportation service design study for the County and Elgin and its local municipal partners. At the January 4, 2018 meeting of County Council, an application to this program was approved and Council requested that follow up information be shared with Council once the application had been submitted. The following report provides a summary of the application submitted to the Ministry of Transportation. DISCUSSION: Application Details The application guidelines stated that the Community Transportation Pilot Grant Program is an opportunity for municipalities to develop a new transportation service or improve existing service to Ontario communities that are not served or are underserved by regular transit and intercommunity bus service. The program emphasizes improving mobility options for the whole community and those who experience transportation barriers, including older adults, people with disabilities, youth, and persons living on low income. The program emphasized partnerships, coordination, and a collaborative approach to service delivery. This is precisely that type of grant program that our community needs to support a feasibility study and pilot project in our community. This funding has been made available for what they have described as a "specialized transit system". This program has set aside $30M for a 5 -year program. The maximum individual grant is $1.5M for intercommunity projects who are ready to implement a regional transit option in their communities, and $0.5M for communities, like Elgin, who are interested in exploring a pilot within their own community first. The County submitted the application on behalf of partner municipalities in an effort to ensure there was a streamlined and connected service within the community. The proposed project focused on the coordination of local transportation services. Together, Elgin and partner municipalities could pool resources to coordinate the transportation services and to jointly accomplish transportation objectives for the County as a whole. 50 We recognize that coordinated community transportation is not a "one size fits all" solution to the challenges of providing transportation in Elgin County. We are confident that a coordinated community transportation model that best meets the needs of the community and is within its resources is a great first step in establishing an inter -community transit service in Elgin County. Transportation Challenges in Elgin County Elgin County is geographically large, predominately rural, and has a low population density. These characteristics make it extremely challenging to provide transportation for rural residents. The County's population of 50,069 residing in rural Elgin have no access to fixed route conventional transit services, and very limited access to alternative transportation options. For those with no access to a personal vehicle, it is extremely challenging to have a job, attend appointments and shop for basic necessities. Active transportation is not an option for those living in rural areas where distances are considerable. According to "Addressing Affordable Access to Transportation in Elgin St. Thomas", (a report authored by Elgin St. Thomas Public Health) seniors, people with disabilities, low income households, and youth are most affected by access to affordable transportation. Elgin County has an aging population with seniors currently making up 16% of residents. This is expected to increase to 25% by 2031. Many seniors become unable to drive as they age, making it difficult for them to access essential services, participate in the local economy, and remain connected members of the community. Transportation was identified as a key priority of the Elgin St. Thomas Age Friendly Community Plan. Focus group participants referenced the need for inter -community transportation connectivity as vital to the social and civic participation of seniors in Elgin County. In order to access health care services, usually located in urban hubs, access to transportation for rural seniors is essential. Travel distances and limited access to transportation increase the likelihood that seniors might miss or delay medical appointments. This may lead to further health issues and emergency hospitalization. Almost half of the labour force in Elgin has high school education or less. Without access to a personal vehicle, many who live in Elgin's rural areas are unable to travel to work or school. This limits rural residents' access to education and training programs that can drastically increase their long term employment and earning prospects. Without this access to travel to school and work, it is nearly impossible for low income families to escape the cycle of poverty. In rural parts of Elgin County, the average daily commute is approximately 60km and over 86% of residents in the workforce are required to have a vehicle to get to their places of employment. A personal vehicle costs approximately $7,000/year (based on a 60km/day commute), which can be quite cost prohibitive for low income residents. Taxi services in Elgin are extremely limited and a 60 km commute can cost over $100/day. The eastern portions of Elgin (Town of Aylmer, Township of Malahide, and Municipality of Bayham) have some of the lowest income residents in the County as well as a significant population of low German Mennonites, many of whom are newcomers to the area. Pockets of lower income residents also exist in western Elgin. Transportation options in these areas are limited to personal vehicle ownership (prohibitive to many low income residents); costly taxi services, and in the case of western Elgin — limited volunteer based transportation services (medical appointment only). 51 To address this challenge in the past, many organizations have completed full-scale transit studies with the intent of creating large-scale transit systems. Unfortunately, Elgin's low density and large area creates a unique set of challenges for creating an effective business model for this type of transit system. Application Summary Should the County of Elgin be successful in our application and receive funding from the Ministry of Transportation, the project will begin with a Request for Proposal to hire a consultant to undertake a two-part transportation service design study/implementation plan. At the same time, Elgin will hire a Contract Transportation Specialist to oversee the work of the consultant, act as a liaison with key community stakeholders, and report on the progress of the project to the Ministry of Transportation and Elgin County Council. The proposed project work plan is attached to this report. Part l: Transportation Service Design Study The consultants will work closely with County staff and key stakeholders, conduct research and utilize experience in similar studies to identify the challenges and opportunities for a transit service in the County and, from this, develop potential concepts for a transit service that responds to local conditions. The consultants will: 1. Conduct Stakeholder Consultations 2. Conduct Peer Reviews 3. Conduct a Transit Needs Analysis 4. Develop Conceptual Design/Transit Services Options Part ll: Business Model, Financial Plan and Final Report In Part II, consultants will develop the preferred service concept option as a business model to include service, operations and implementation plans with specifics about the design of proposed transportation services. One of Elgin's municipalities will then be selected for the implementation of a pilot program. Year two will consist of monitoring and revisions to the service model as required. The Contract Transportation Specialist will be responsible for report and evaluation of the project. CONCLUSION: The County of Elgin will be notified in Spring 2018 whether our application to the Ministry of Transportation Community Transportation Pilot Grant Program Application was successful. RECOMMENDATION: THAT the report titled, "Community Transportation Pilot Grant Program Application Summary" dated April 3, 2018, be received and filed. All of which is Respectfully Submitted Julie Gonyou Chief Administrative Officer 52 yiu�wnnU111�� � IAgin! REPORT TO COUNTY COUNCIL FROM: Michael Plant, Director of Engineering Services DATE: September 18, 2018 SUBJECT: Port Stanley Fire Station -Reduced Minor Arterial Road Setback INTRODUCTION: This report discusses Elgin County's functional classification system and the required setbacks for development adjacent to County Roads. The report goes on to discuss the merits of the Municipality of Central Elgin's proposed Fire Station on Sunset Road in Port Stanley and the proposed reduced setback for the buildings location. DISCUSSION: The County of Elgin has established a hierarchical functional classification of roads that enables a priority of improvements to be established. This classification system is comprised of five road classes: Major Arterial, Minor Arterial, Collector, Local and Suburban Roads. Each of these roads by definition provides a varying degree of service to the community and a level of service to the travelling public based on their functional classification (local, collector, arterial). To ensure Elgin County roads meet the needs of the broader community as a whole, now and for the future, the County has established road setbacks; a minimum distance a building or structure can be placed adjacent to a County road. This control is designed to reduce the likelihood that future changes in the road allowance would make it necessary to relocate buildings or other structures. The elimination of expense and the inconvenience to property owners and to the public are important considerations when protecting a road allowance to meet the future needs of users. The Municipality of Central Elgin is proposing to build a new Fire Station along Sunset Road (Elgin Road 4) approximately 500 metres southwest of East Road (Elgin Road 23) that will service the village of Port Stanley. The land is immediately northeast of the Shell Gas Station located at 4980 Sunset Road. Sunset Road at this location has been classified as a Minor Arterial Road and requires a 26 metres setback for development. The proposed setback for the Fire Station at 21.1 metres is 5 metres short of the required setback. County staff have reviewed the development in detail and is recommending, in this particular situation, this proposal proceed with a reduced setback. The County has worked with Central Elgin over the past few months and reviewed several alternative proposals. Engineering Services believes this location will accommodate future growth of the County road, if and when it may be required. There is sufficient width in the existing County road allowance to accommodate future widening. Considering that this is a municipal building and its proposed use is as a Fire Station, defined measures can be put in place during detailed design that can allow this proposal to move forward without having a negative impact on Sunset Road. 53 CONCLUSION: Engineering Services staff recommends to County Council that the Elgin County setback requirement of 26 metres be waved and that a setback of 21 metres for the construction of a new Fire Station at 4980 Sunset Road in the village of Port Stanley is acceptable. RECOMMENDATIONS: THAT the report titled "Port Stanley Fire Station - Reduced Minor Arterial Road Setback" from the Director of Engineering Services, dated September 18, 2018, be received and filed. THAT County Council approve the use of a reduced setback for the construction of a new Fire Station at 4980 Sunset Road in the Village of Port Stanley in the Municipality of Central Elgin. All of which is Respectfully Submitted Approved for Submission Michael Plant Julie Gonyou Director of Engineering Services Chief Administrative Officer 54 w, rmllllyij J flgin 1 wrae'h 4dWer 1M',r REPORT TO COUNTY COUNCIL bFCr FROM: Michael Plant, Director of Engineering Services DATE: September 18, 2018 SUBJECT: Traffic Studies —A Cost Sharing Proposal INTRODUCTION: There are areas located within our local municipalities that are experiencing substantial growth and this growth has the potential to have an impact on Elgin County roads. To ensure both organizations understand how development may impact roads, Elgin County is proposing to jointly lead and fund the costs to complete overall traffic impact studies that will review traffic volumes, turning movements and identify road improvements. DISCUSSION: As development occurs in the County, it is imperative that Elgin County's road network continues to function as designed and meets the needs of Elgin County residents, by providing for the safe and efficient movement of people and goods as outlined by Elgin County's functional classification system for roads. It is of the utmost importance to protect the integrity of County roads, in terms of their ability to efficiently move people and goods, and that we have a plan in place to handle increased future traffic; a plan that meets the needs of the broader community. Over the past couple of months, County and Central Elgin staff have met to discuss several development proposals in the village of Port Stanley. Considering the size and magnitude of these proposals, in the aggregate, it has become clear that we need to work together to ensure our respective roads continue to meet the needs of our residents. Without a co-ordinated plan in place, development allowed to proceed unchecked may create future operational problems our respective organizations will not be able to correct without incurring significant additional costs. Elgin County's capital construction program is designed and funded at an appropriate level that affords us the ability to keep our existing infrastructure: 700 km of roads, 60 bridges and 82 culverts, in a state of good repair. The multi-year capital program is not designed nor funded to handle growth and development driven improvements. Should County funds be required to address future operational issues, driven by development undertaken unchecked, the funding level for County roads and bridges will need to be increased or future rehabilitation/reconstruction will have to be re -profiled. The deferral of planned reconstruction projects as outlined in the County's Asset Management Plan will cause the overall condition of the County's existing assets to decline. One way to get ahead of development created pressures is to create a plan for how to move forward. Overall traffic studies jointly lead and funded by both upper and lower tier municipalities can best determine how proposed develop will impact both County and municipal partners. These cooperatively lead and funded studies can review traffic 55 volumes, turning movements and identify potential improvements and intersection locations for the major streets. Working together with developers, we can ensure that both upper and lower tier roads in the Elgin County are properly designed and meet the demands of increased growth and the resulting traffic it can sometimes create. In terms of funding, it is common for local planning authorities to request traffic studies be completed by the proponents of development during their consultation and approval process. In these instances, traffic impact studies are always fully funded by developers. Other situations arise where a number of existing developments are or have the potential to negatively influence the functional operation of roads, it is prudent for planning authorities to complete transportation studies in order to properly plan for future improvements and additional growth. In these cases, when local municipalities, who facilitate the development process, identify the need for such as study along a County road corridor, it is reasonable to share the cost equally, 50/50 with the local municipal partner. The study's conclusions will be a useful resource for the local planning authority and for the County's consideration for future road improvements. When required, it is prudent in certain situations we work cooperatively together and undertake overall traffic studies and determine how proposed development impacts Elgin County roads. Elgin County, with its municipal partners, can work together to support "smart" development in our collective communities. As development occurs in parts of Elgin County, this cooperative approach to "smart" development will be reviewed on a case by case basis. As municipal partners, the County and lower tiers could work together to protect the integrity of our respective road networks. Moving forward, future proposals to cost share traffic studies would be reviewed on a case-by-case basis, with approval based on any given development proposal's potential to have an impact on County and lower tier roads. This proposal represents a new direction for Elgin County and a change in how development has been approached in the past within the County. Considering the residential growth we are experiencing in certain areas across Elgin County, it's important we get ahead of these development pressures and make sure we are properly positioned to handle this potential growth by having a fair and consistent approach in place. Failure to be proactive will only leave us behind trying to correct operational problems after development has taken place and the developer is gone. CONCLUSION: Considering the growth pressures currently being realized in certain areas across Elgin County, it's prudent that traffic studies be undertaken to ensure that existing County roads and intersections will not be adversely affected. As partners, Elgin County and our municipal partners can work together to ensure our collective road network meets the needs of the travelling public, now and in the future, by protecting the integrity and functionality of our respective roads. It is common for new developments to fund traffic impact studies and this should continue. Where a number of existing developments, or many new developments in a concentrated area trigger the need for a study, local planning authorities could request the County's participation and joint funding where County roads were implicated. In order to initiate further discussion before a policy is created, this report should be circulated to our municipal partners requesting their comments. RECOMMENDATIONS: THAT the report titled "Traffic Studies -A Cost Sharing Proposal" from the Director of Engineering Services, dated September 18, 2018, be received and filed; and, THAT the report be circulated to Elgin's partner municipalities. All of which is Respectfully Submitted Approved for Submission Michael Plant Julie Gonyou Director of Engineering Services Chief Administrative Officer 57 �iw��rrmJJlJ)G� ._ gii REPORT TO COUNTY COUNCIL FROM: Michael Plant, Director of Engineering Services DATE: September 18, 2018 SUBJECT: Centennial Avenue - Speeding Concerns INTRODUCTION: This past summer residents living along Centennial Avenue in Central Elgin raised concerns about the operating speed. This report outlines the review undertaken by Elgin County, the Ministry of Transportation and the proposed improvements that will be implemented this fall in the general vicinity of Centennial Avenue and Highway 3 by both organizations. DISCUSSION: Centennial Avenue (Elgin Road 28) south of Highway 3 (Talbot Line) in the Municipality of Central Elgin is under the jurisdictional control of the County of Elgin. This past summer, the OPP, Elgin County, Central Elgin and MPP Jeff Yurek, were all contacted by several residents raising concerns about the operating speed of vehicles along this stretch of County road. Centennial Avenue south of Highway 3 is currently posted at 50 km/h. The intersection of Centennial Avenue and Highway 3/Talbot Line is under the jurisdictional of the Province of Ontario who also controls the speed limits of the north and east legs of the intersection. Elgin County undertook a review on the signing south of the intersection and identified that the "Begin" tab was missing from the first 50 km/h speed sign south of the intersection. It was also identified that north of the intersection, on the province's portion of Centennial Avenue (Highway 3), a 50 km/h Ahead sign was not posted that would notify southbound traffic of the reduction in speed after going through the Talbot Line intersection. The missing "Begin" was installed by the County in mid-August. Staff contacted the Ministry of Transportation (MTO), who was undertaking a speed review of the roads under their jurisdictional control, to request the placement of a 50 km/h Ahead sign for southbound traffic. The MTO agreed to the County's request and the sign should be installed this fall in advance of the southbound stop bar. Installation of this "50 Ahead" sign should help motorists traveling south on Highway 3 recognize the reduced speed limit as they travel south of Talbot Line. MTO's review of Highway 3 posted speeds on Centennial Avenue between the St. Thomas Expressway and Talbot Line supports a reduction in the currently posted speed of 80 km/h to 70 km/h. This reduction in posted speed by the province, in conjunction with the signing enhancements implemented by Elgin County, will further improve W motorist's ability in recognizing the 50 km/h posted speed on Centennial Avenue by reducing the posted speed on Centennial Avenue/Highway 3 by 10 km/h in advance of the intersection. CONCLUSION: Elgin County and the Ministry of Transportation have undertaken independent reviews of the roads under our jurisdictional control. Those reviews have identified both regulatory signing enhancement and a reduction in the posted speed on Highway 3 that should help motorists recognize more clearly that the posted speed on Centennial Avenue (Elgin Road 28) is 50 km/h. RECOMMENDATIONS: THAT the report titled "Centennial Avenue — Speeding Concerns" from the Director of Engineering Services, dated September 18, 2018, be received and filed; and, THAT the Director of Engineering Services write to the Ministry of Transportation Traffic Section Western confirming our agreement to the proposed speed reduction on the province's portion of Highway 3 - Centennial Avenue north of the Highway 3 Talbot Line intersection. All of which is Respectfully Submitted Approved for Submission Michael Plant Julie Gonyou Director of Engineering Services Chief Administrative Officer 59 yiu�wnnU111�� � IAgin! REPORT TO COUNTY COUNCIL FROM: Peter Dutchak, Deputy Director of Engineering Services DATE: September 19, 2018 SUBJECT: No Parking By -Law Amendment — Whittaker Road, Springfield INTRODUCTION: The County of Elgin has received a request from the Township of Malahide to prohibit parking along the east side of Whittaker Road (County Road #49) in Springfield. DISCUSSION / CONCLUSION: The County of Elgin has received a resolution (see attached) from the Township of Malahide to designate a "no parking" zone along the east side of Whittaker Road from Malahide Community Place, northerly to the Springfield Baptist Church. The intended purpose is to discourage parking and pedestrian movement across the road and encourage patrons to utilize existing parking facilities. Staff is requesting that the current No Parking By -Law be amended to include this revision. The County of Elgin will supply the required materials and request the Township of Malahide to install the signage. RECOMMENDATIONS: THAT the existing No Parking By -Law be amended to include Whittaker Road (County Road #49), from 130m north of the north property line of Nelson Street for a distance of 395m northerly; and, THAT the Township of Malahide be requested to install the signage; and, THAT the Ontario Provincial Police be notified of this new no parking zone. All of which is Respectfully Submitted Approved for Submission Peter Dutchak Julie Gonyou Deputy Director of Engineering Services Chief Administrative Officer .E €17 John Street South Aylmer ON N5H 2C3 Telephone: 519-773-5344 Fax: 519-773-5334 September 12, 2018 County of Elgin 450 Sunset Drive St. Thomas, ON N5R 5V1 Attention: County Engineer Michael Plant I � � � 1 (FIN proud rr a r r ;g RE: Parking on Whittaker Road north of Malahide Community Place At its regular meeting held on September 6, 2018, the Malahide Township Council passed the following Resolution: THAT the Municipal Staff be authorized and directed to forward a request to the County of Elgin to designate a "No Parking" zone along east side of Whittaker Road from Malahide Community Place northerly to the Springfield Baptist Church; AND THAT, subject to the approval of the County of Elgin, the Municipal Staff be authorized and directed to take the necessary actions to implement the "No Parking" zones. We wish to request that the County formally designate a No Parking area on the east side of Whittaker Road as noted above. We look forward to hearing from you regarding this request. Please do not hesitate to contact this office if you require any further information or documentation. Yours very truly, TOWNSHIP OF MALAHIDE M. CASAVECCHIA-SOMERS, D.P.A., C.M.O., CMM III Chief Administrative Officer/Clerk Johnson, Directorof - - 61 �iw��rrmJJlJ)G� ._ gii REPORT TO COUNTY COUNCIL FROM: Sam McFarlane, Accessibility Coordinator DATE: September 18, 2018 SUBJECT: Accessibility Update INTRODUCTION: In March of 2018, there was a staffing change in Human Resources at the position of Accessibility Coordinator. The following report will highlight some of the successes and provide an update on the Integrated Accessibility Standards Regulation (IASR) (O.Reg 191/11) of compliance actions undertaken in the past 7 month's service of the new Accessibility Coordinator, Sam McFarlane. DISCUSSION: This report will outline some highlights and initiatives relating to IASR compliance since Council last received an update on January 5, 2018. Highlights include: • Completed Accessibility Directorate of Ontario File Review audit in April 2018 stating full compliance. Audit included accessibility policies and procedures, training requirements, accessible formats and communication supports and feedback processes • Assisting partner municipalities with their consultation requirements on recreational trails as per IASR requirements • New Provincial Offences Administration building consultation on accessible design both interior and exterior • Draft Web Content Accessibility Guidelines created • County of Elgin representation on the Ontario Business Improvement Area Association (OBIAA) Accessibility for Main Streets Advisory Committee • Reviewed local municipal partners' 2018 Municipal Elections Accessibility Plans • Continued engagement and consultation with the Joint Accessibility Advisory Committee with local municipal partner Central Elgin CONCLUSION: The County continues to remove barriers to people with disabilities. These efforts will be communicated again to County Council through the Annual Accessibility Status Report in early 2019 and again in December of 2019 for the bi-annual Accessibility Compliance Report as required from the Accessibility Directorate of Ontario. W RECOMMENDATION: THAT the report titled "Accessibility Update" from the Accessibility Coordinator, dated September 18, 2018, be received and filed. All of which is Respectfully Submitted Sam McFarlane Accessibility Coordinator Rob Bryce Director of Human Resources 63 Approved for Submission Julie Gonyou Chief Administrative Officer erarfo0'(0JJyJ6 ;r� REPORT TO COUNTY COUNCIL FROM: Rob Bryce, Director of Human Resources DATE: September 13, 2018 SUBJECT: 2019 Employee Benefits Renewal Forecast INTRODUCTION: The County of Elgin's group benefit program is underwritten by Manulife Financial and is subject to renewal on March 1, 2019. Council may recall that staff marketed the program ahead of the 2017 renewal to ensure the most competitive costs. While significant savings were realized in 2017, the County saw increased costs in 2018. While still high, 2019 rates are projected to be an improvement over last year's increase, renewing at a 7.4% increase in premium cost. DISCUSSION: The County is part of a larger benefits consortium, which includes most County partner municipalities representing a total of approximately $ 2.6 million in annual premiums. Annual premiums for the County of Elgin are approximately $1.3 million with the extended health and dental representing approximately three-quarters of total cost. The group benefit program for the County of Elgin is broken down into two main components, based on the underwriting arrangements that apply to each, as follows: Life Insurance and Long Term Disability: These are underwritten on a partially pooled, partially experience rated basis. The rating of these benefits takes into consideration the overall performance of the insurer's pool, changes in employee demographics - typically a stable employee group ages approximately 5% from one year to the next - and the claims experience for the overall consortium. As a result of 2017 marketing, life insurance rates are guaranteed until 2020; Long Term Disability rates until 2019. It is estimated that Manulife will request an increase of 20% to the LTD rates at the upcoming renewal. Accidental Death & Dismemberment: This coverage is underwritten by AIG Insurance and is rated according to the occupational characteristics of the group. Such factors as weighted age distribution and female/male ratio are not considered significant in the renewal -rating process. Since there has not been a change in the occupational characteristics of the group, we expect the current monthly rate for the upcoming policy year will not change, effective May 1, 2019. Extended Health Care and Dental: These are underwritten on a fully experience -rated basis by Manulife. Rates are established based on the financial results generated by the premium and claims experience for a twelve month period each year (Nov — Oct) combined for all participating municipalities. Based on the first nine months of claims experience, it is projected that Extended Health Care rates will increase 7% and dental rates will remain unchanged. Extended Health Care being the highest cost benefit has various cost drivers. Overall, utilization in the first nine months of this review period has increased by 6% compared to the prior nine month projection period. Typically, increased paramedical utilization and the impact of specialty drugs will contribute to escalating costs. Such costs are also driven by the increasing cost of "stop -loss" insurance. This is a pooling arrangement designed to pay for drug claims typically associated with catastrophic illness or injury in excess of $15,000 per year per person. With the introduction of new and more expensive drugs it is not uncommon to find very large drug claim amounts charged to the plan. As a result of such "stop -loss" costs, insurers continue to upwardly adjust stop -loss insurance charges. Based on the first nine months of claims experience, it is anticipated the County of Elgin will see an overall increase of 7.4% with Manulife for 2019. Actual costs will be shared with Council when known the first quarter of 2018. CONCLUSION: Extended health care costs continue to rise as utilization increases and more expensive drugs are introduced in the market. The County will continue to work with our benefits consultants to develop and implement action plans to mitigate such cost where possible. RECOMMENDATION: THAT the report titled "2019 Employee Benefits Renewal Forecast" from the Director of Human Resources, dated September 13, 2018, be received and filed. All of which is Respectfully Submitted Approved for Submission Rob Bryce Julie Gonyou Director of Human Resources Chief Administrative Officer 65 iw�rrmJJlJ)G._ gii REPORT TO COUNTY COUNCIL FROM: Julie Gonyou, Chief Administrative Officer/Clerk DATE: September 17, 2018 SUBJECT: Review of Legislative Changes — Bill 68 — Modernizing Ontario's Municipal Legislation Act, 2017 and Municipal Conflict of Interest Act, 1990. INTRODUCTION: On November 16, 2016, the Honourable Bill Mauro, Minister of Municipal Affairs introduced Bill 68, Modernizing Ontario's Municipal Legislation Act, 2017 ("Bill 68"), which was introduced in response to the Province's review of the Municipal Act, 2001 and Municipal Conflict of Interest Act, 1990. Bill 68 - Modernizing Ontario's Municipal Legislation Act, 2017 has significant impacts on municipal government. The purpose of this report is to provide information on legislative changes to provide background information for Council as work continues on updating County policies and by-laws to ensure compliance with changes in legislation and new regulations. ANALYSIS: The following section details the impacts of Bill 68 — Modernizing Ontario's Municipal Legislation Act, 2017 and the Municipal Conflict of Interest Act, 1990 on municipal government and CAO/Clerk comments in regard to status. Proposed Changes (Municipal Act, 2001) Relevant Provisions Commentary Mandatory Codes of Conduct 18 Complete. Bill 68 will requires that municipalities to establish County Council passed a codes of conduct for Members of Council and revised Code of Conduct. local boards. The Bill further provides the Minister of Municipal Affairs the power to pass regulations making a specific subject matter mandatory within a Code of Conduct. Integrity Commissioners 19, 20, 21, Complete. 22,23 Municipalities will be required to provide access to County Council hired an Integrity Commissioner, as well as indemnify Independent Resolutions Inc. that person, or anyone acting under his/her as the County's Integrity instructions. The Integrity Commissioner will Commissioner, Closed investigate alleged contraventions by members of Meeting Investigator and Council or certain local boards of the: 1) Code of Ombudsman. In the case of Conduct; 2) any local ethical behaviour real or perceived conflict of Proposed Changes (Municipal Act, 2001 Relevant Provisions Commentary procedures, rules or policies governing the interest, the County will use Members; and 3) the Municipal Conflict of Interest Aird Berlis LLP as a back-up. Act, 1990 ("MCIA"). Further to these investigations, Integrity Commissioners will be responsible for providing advice to Members of Council and local boards respecting their obligations under: 1) The local Code of Conduct applicable to the Members; 2) The local ethical behaviour procedures, rules or policies governing the Members; and 3) The Municipal Conflict of Interest Act, 1990. Integrity Commissioners will also provide educational information to the public, the municipality and Members of Council and local boards about the Code of Conduct and the MCIA. The MCIA has been updated to include a provision which prohibits Members from using their office in an attempt to influence decisions or recommendations being considered by municipal or local board employees, if the member has a pecuniary interest in the matter. Closed, Open and Electronic Meetings 25, 26, 27, Pending Council approval of 28 procedural by-law. The definition of "meeting" has been amended to Required changes to mean any regular, special or other meeting of a procedural by-law to include Council, of a local board or of a committee of revised definition of "meeting" either of them, where: and new exceptions to meetings are included in the A quorum of Members is present; and, 2) draft amendments to Council's Members discuss or otherwise deal with any procedural by-law, to be matter in a way that materially advances the reviewed September 25, 2018. business or decision-making of the Council, local board or committee Suggested changes including Along with an updated definition of a meeting, the electronic participation are following exceptions which allow Council or a included in the draft amendments to Council's local board to go into Closed Session have been procedural by-law, to be created: reviewed September 25, 2018. 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; A trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position 67 Proposed Changes Relevant Commentary (Municipal Act, 2001 Provisions or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; A trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; or 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. Electronic Participation Members may also now electronically participate in meetings that are open to the public, but cannot be counted towards quorum. Council would have to amend the procedural by-law to allow this. Alternate Councillors 14, 15, 16 Pending Council approval of procedural by-law. Lower -tier municipalities may also now appoint an Suggested changes are alternate member of Council to replace an upper- included in draft amendments tier Member of Council if they are not able to to Council's procedural by-law, attend a meeting. to be reviewed September 25, 2018. Council -Municipal Staff Relationship Policies 32 Complete. Municipalities are now required to establish Included in Council Code of Council -municipal staff relationship policies. Conduct. Pregnancy and Parental Leave 30,32 Municipalities are required to develop policies on Pending Council approval of pregnancy and parental leave for Council procedural by-law. Members, and the offices of Members of Council would not become vacant because of an absence Included in draft amendments related to pregnancy or parental leave for 20 to Council policies, to be consecutive weeks or less. reviewed September 25, 2018. CONCLUSION: County Council has made great progress in advancing County policies to include revised legislative requirements. A careful review of Council's procedural by-law and Council policies will ensure compliance by the end of the Council term. Drafts for both of these documents will be reviewed by Council on September 25, 2018. 68 RECOMMENDATION: THAT the report titled "Review of Legislative Changes — Bill 68 — Modernizing Ontario's Municipal Legislation Act, 2017 and Municipal Conflict of Interest Act, 1990" from the Chief Administrative Officer/Clerk, dated September 17, 2018, be received and filed. All of which is Respectfully Submitted Julie Gonyou Chief Administrative Officer/Clerk w, rmllllyij J flgin 1 wrae'h 4dWer 1M',r REPORT TO COUNTY COUNCIL bFCr FROM: Julie Gonyou, Chief Administrative Officer/Clerk DATE: September 12, 2018 SUBJECT: Proposed Amendments to Elgin County Council's Procedural By-Law INTRODUCTION: The purpose of this report is to continue the review of amendments to Elgin County Council's procedural by-law, "By-law No. 11-06 to Regulate the Proceedings in the Municipal Council of the Corporation of the County of Elgin and Committees Thereof' which was last revised March 8, 2011, with the goal of completing all necessary revisions in advance of the new term of County Council. Background information for this report includes the following: 1. Appendix A — "Proposed Amendments to Procedural By-law" wherein new or substantively revised provisions are listed; 2. Appendix B — Draft By-law 18 -XX revised and incorporates suggested amendments; 3. Appendix C — Current by-law DISCUSSION: In accordance with Section 238(2) of the Municipal Act every Ontario municipality and local board is required to adopt a procedural by-law to govern the calling, location and proceedings of meetings. A well -constructed procedural by-law facilitates the business of County Council. On March 13, 2018, CAO/Clerk provided a "Procedural By-law Overview" presentation to County Council which encouraged discussion and included preliminary suggested revisions for consideration by Council. As a result of Council's feedback and due to the extent of legislated changes required to update the procedural by-law, the CAO/Clerk recommended repealing the current procedural by-law and replacing it with a new procedural by-law. At this meeting, Council authorized the CAO/Clerk to amend the procedural by-law to include revisions as a result of changes made to the Municipal Act and other relevant legislation, previous Council direction and updates recommended by staff for Council's consideration and approval at a future meeting. ANALYSIS: Over the past several months, I have conducted best practice research on municipal meeting management and changes in legislation and have used this information to update Council's current procedural by-law with the following goals in mind: 1. Update the current by-law provisions to provide greater clarity of proposed rules; 70 2. Ensure the ongoing effectiveness and efficiency of Elgin's Council and Committee meetings; 3. Ensure the requirements of legislation including, but not limited to, Bill 68 "Modernizing Ontario's Municipal Legislation" are met; and, 4. Include updated administrative/housekeeping amendments to the by-law. CONCLUSION: Proposed amendments to Elgin County Council's Procedural By-law are based on- - Provincial Legislation; - County Council practice; - Feedback from Members of Council; - Best practice research and guiding principles; - Robert's Rules of Order, Newly Revised, and - Legal review completed by County Solicitor. Feedback and suggested changes identified by County Council will be incorporated into the revised by-law and presented to as a final draft County Council on October 16, 2018. RECOMMENDATIONS: THAT the report titled "Proposed Amendments to Elgin County Council's Procedural By - Law" from the CAO/Clerk, dated September 12, 2018, be received and filed; and, THAT the CAO/Clerk be directed to incorporate any direction provided by Council as revisions to the draft procedural by-law; and, THAT the CAO/Clerk be directed to provide a final draft procedural by-law for consideration at the October 16, 2018 meeting of County Council for approval and enactment. All of which is Respectfully Submitted Julie Gonyou Chief Administrative Officer/Clerk 71 APPENDIX A Proposed Amendments to Procedural By-law The following options are presented to County Council for consideration: Relevant Section Reference and Suggested Revisions Revision: Addition of Table Note: Including a Table of Contents will make it easier to find information in of Contents the document. Revision: By-law WHEREAS it is necessary to update the procedural by-law in keeping with Introduction the requirements of Bill 68 "Modernizing Ontario's Municipal Legislation Act and to repeal previous by-laws to comply with amendments to the Municipal Act, 2001, S.O. 2001. Note: New addition pursuant to Bill 68. It is necessary to repeal By-law No. 11-06. 1. Definitions Section 1 (a) includes additional definitions: Act, Business Day, CAO/Clerk, Chair, Closed Session, Committee (revised), Committee of the Whole (revised), Confidential Matter, Council, County of Elgin, Delegation, Deputy Warden, Ex -officio (revised), Inaugural Meeting, Meeting (revised), Minutes, Motion, Notice, Point of Order, Quasi -Judicial Board, Question, Quorum (revised), Recorded Vote, Rules of Procedure, Secretary, Standing Committee, Special Meeting (removed), Steering Committee, Warden. Note: Complete list replaces 1.0 in current by-law, designed to be more comprehensive and offer clarity. Note: Bill 68 requires a new definition of a meeting be included, based on two criteria: quorum and materially advancing the business of Council. This required revision is reflected in Section 1. 2. Purpose 2 (a) This by-law (referred to as the Procedural By-law establishes the rules for order of Council and Committee Meetings. Note: New addition to provide background 3. Principles of the Revised to include principles of openness, transparency and accountability Procedural By-law to the public to guide Council's decision making -process pursuant to Bill 68. Revised to include protection of basic rights by recognizing the right of the majority to decide. Includes new section including principles of parliamentary law governing Council and Committee meetings. Note: New addition to provide background and to reflect changes in legislation including, but not limited to, Bill 68 72 Relevant Section Reference and Suggested Revisions 4. Application The rules and regulations contained in the by-law set out the roles of order for the dispatch of business in Council and Committee Meetings and shall be observed in all proceedings of the Council and Committees appointed by Council. Note: Replaces 2.0 "Rules and Regulations" in current by-law. 5. Interpreting the In the event of a conflict, provisions of legislation prevail. Specific statements Procedural By-law have greater authority than general ones. Chair rules in the event of conflict between two or more rules, if there is no specific rule on a matter. Note: New provision to provide clarity in the event of conflict between the Procedural By-law and legislation. 6. Suspension of Rules Rules that are discretionary and not mandatory under Statute can be suspended by a majority vote, with exceptions listed. Note: New provision. 7. Majority Vote Unless by-law states otherwise, a matter passes when majority of members present vote in the affirmative. Note: This has been separated out of the body of text from the current by- law to provide greater emphasis. 8. Council Composition New section to clarify Council Composition and number of votes. Note: This section provides background and context 9. Inaugural Meeting and Sets parameters including regulations and procedures for first meeting of Election of Warden new Council following election, pursuant to the Municipal Act, 2001, S. 230. Note: Revised and replaces 18.0 of the current by-law with the goal of making it easy to follow. 10. Appointment of Deputy Note: Changed from previous format to reflect County Council's decision to Warden adjust how the Deputy Warden is appointed. Note: Replaces 19.0 in current by-law 11. Meetings of Council Regular Meetings of Council section includes: ° Location and Schedule of Meetings of Council and other Committees ° Notice of Meetings of Council ° Special Meetings of Council ° Notice of Special Meetings of Council 73 Relevant Section Reference and Suggested Revisions ° Emergency Meetings of Council ° Notice of Emergency Meetings of Council ° Workshop and Orientation Meetings ° Cancellation or Postponement of Meetings ° Invalidation of Notice of Meeting ° Quorum ° Late Arrival ° Electronic Participation (*new*) Note: "3.0 Meeting" and "4.0 Special Notice" have been replaced to include new subsections including Meetings of Council and Workshop and Orientation Meetings and specific notice requirements for each. Quorum has been revised. Note: Entire section on "Electronic Participation" (11.3) is OPTIONAL. Changes to the Municipal Act now allow Councillors or members of local boards to participate electronically in meetings that are open to the public. Participating in closed session meetings will remain limited to those Councillors or members of a local board who are participating in person. Councillors who participate in a meeting electronically cannot be counted towards quorum. There must be an in-person quorum of Councillors for a meeting to proceed. 12. Preparation of the Preparation of the Agendas for Council details the administrative process Agendas of Council required to support the business of Council. Note: New section 13. Agenda This section was enhanced and now includes Agenda for Inaugural Meeting. Note: Replaces 7.0 "Order of Proceedings in Council' in current by-law 14. Changes in Order of Warden consents to changing order. Agenda of Committee of the Whole Note: Addition to reflect current practice 15. Matters of Council, by majority vote shall determine if the matter is admissible and Urgency/Addendum to requires immediate attention may be included without prior notice. Agenda Note: Unchanged from current by-law (8.2 Matters of Urgency/Addendum t Agenda) 16. Other Business Includes: Statements/Inquiries by members and Notice of Motion Note: No change to 8.3 (a) Statements/Inquiries by Members or 8.3 (b) Notice of Motion. Revised section includes these two items as subsections under "Other Business" 74 Relevant Section Reference and Suggested Revisions 17. Reports from County Through the CAO, Staff may report to the Warden and County Council. Staff Note: Addition to reflect current practice 18. Petitions, Delegations, Establishes the procedure for petitions, delegation, correspondence and Correspondence and minutes. Minutes Note: Subheading assigned to each for ease of use. Petitions is 12.1 — 12.3 in current by-law and is unchanged. Delegation is covered under 12.4 — 12.18 and has been revised significantly to reflect current practice. Delegation now includes an additional section including: ° The CAO/Clerk's determination of when a deputation will be scheduled is final. ° Once a delegation has addressed the Council, no further request on the same issue will be entertained until written information is produced to the Council and it agrees that another visit is warranted. ° No person or delegation shall be permitted to address Council on a subject not on the Agenda, unless permission is granted by a two- thirds majority vote. ° Limit of 15 minutes unless Council, by motion, lengthens the time ° No more than 4 delegations, unless permitted by the Warden ° No person shall address the Council during the sittings of Council without the permission of the Warden or other Presiding Officer ° Council may ask questions but shall not enter into a debate during a delegation ° CAO may ask questions of a delegation through the Chair ° No other person may ask questions unless directed by the Warden or Presiding Officer to do so ° Should an individual wish to be provided with further Notice related to a matter of business before Council or Committee, he/she is required to indicate this wish to the Clerk as part of his/her deputation request to the CAO/Clerk Correspondence covered under sections 12.8 and 12.9 in current by-law has been expanded to include the following additional provisions which better reflect Council's practice for handling correspondence: ° Staff may prepare recommendations related to the matter ° Council submitted correspondence will clearly indicate that it is intended to be considered as part of the agenda ° CAO/Clerk to verify whether it is the intent of an individual to include his/her correspondence on the public agenda ° Anonymous correspondence will not be accepted ° Council's receipt of correspondence does not constitute endorsement ° When not on an agenda, correspondence shall otherwise be circulated by other means This section of the current by-law related to delegations, petitions and 75 Relevant Section Reference and Suggested Revisions correspondence would benefit from clarification. Minutes - This section includes the format of minutes and timing of delivery to members of Council or Committee. It also notes that permanent record will be maintained for public inspection. Note: This is a new section not included in current by-law. 19. Committee of the Whole Note: This section is unchanged from 9.0-9.3 in current by-law. Sections 9.4-9.6 have been moved to "Open Meetings and Closed Session Meetings" specifically, 26 (c) "Voting During Meetings Closed to the Public" and 26 (b) "Closed Session Meetings" replaces 9.6 "Exclusion of Persons from Committee and the Council at Closed Meetings" in current by-law. 20. Pecuniary Interest Note: Changes to the Municipal Conflict of Interest Act, R.S.O 1990, C. M. 50 will come into effect on March 1, 2019 and will include a requirement for a written statement regarding disclosure; rules regarding member influence and a requirement to establish a registry. With this in mind, the new provision "Pecuniary Interest' includes the following: a) A member shall file with the CAO/Clerk a written statement of any interest declared by the member in accordance with the Municipal Conflict of Interest Act and its general nature, and the CAO/Clerk will make the disclosure publicly available and will maintain a registry of written statements of disclosure. b) In the case of items to be discussed in a Closed Session Meeting, the member shall leave the meeting and shall take no action to participate in, or influence, the vote of the other members when said item is to be resolved by Council. 21. Rules of Debate Note: Current By-law Section 7.0 "Order of Proceedings in Council' has been changed to "Rules of Debate"7.1 - 7.18 are unchanged. This section includes the following two additional provisions: (r) If the Warden or other Chair, as the case may be desires to leave the seat of the Chair before adjournment of the Meeting and fails to call some Member to the position of the Chair, the Council or Committee may appoint a Member to preside over the Meeting until the business of the Meeting is finished. (s) No person, other than Members, or any Members of a Committee, or representatives of employees of the County shall be allowed to speak from the gallery during the Meetings of Council or Commitee, without the permission of the Chair. 76 Relevant Section Reference and Suggested Revisions 22. Reconsideration Note: This section clarifies procedure for reconsideration and includes the following: After a Motion has been voted on by County Council, no Motion for reconsideration thereof shall be introduced, unless it is moved and seconded by two members from among those who voted with the majority, and such Motion may only be passed by a two -third vote of the entire Council in support of such reconsideration. 23. Readings of By-laws Note: Unchanged from Section 11.0 Reading of By-laws and Proceedings and Proceedings in current by-law. 24. Motions from Other Note: CAO/Clerk receives motions from municipalities in and outside of Municipalities and Elgin County. This section clarifies the procedure for handling Organizations requests for endorsement or action from other organizations. This Requesting section suggests that these matters will be handled as Endorsement correspondence. This has been our practice, but it was previously not included in the current by-law. 25. Presentations and Note: Awards are often presented by County Council during the Council Recognitions meeting. This additional section endeavours to clarify the procedure and includes: a) Presentations include those of staff or parties invited by staff or those of other government agencies and presentations to Council on matters of interest to the County, as well as awards, certificates, grants and other recognitions presented to/by the County or its staff or related parties. Such presentations are received or presented by the Chair. b) Presentations may be up to ten (10) minutes. The consent of Council is required to extend the presentation beyond ten (10) minutes. 26. Open Meetings and Note: Bill 68 identifies a new requirement for municipalities to address Closed Session closed meeting investigations. For example, if a report from a Meetings meeting investigator concludes that a municipality's processes or procedures for deciding when to go into closed session are deficient, the municipality may have to pass a resolution that describes how they will improve those deficient systems. This section proposes a procedure to document Elgin's process pursuant to this change in legislation (refer to Section 26 (g) in Draft by-law). Additionally, Bill 68 identifies four (4) new exceptions to the current seven exceptions permitting Closed Session Meetings. This section includes the additional exceptions in Section 26(b). Note: This section replaces 9.6 (a) — (i). Section 9.6 "Exclusion of Persons from Committee and the Council at Closed Meetings" in current by- law has been revised to include legislative changes and to better reflect Council's practice regarding Closed Session Meetings. 77 Relevant Section Reference and Suqqested Revisions Note: Suggested enhancements are significant in nature and include revised or new sections as follows: ° Open Meetings and Improper Conduct ° Closed Session Meetings ° Voting During Meetings Closed to the Public ° Notice of Meetings Closed to the Public ° Confidentiality of Closed Session Discussions and Public Disclosure ° Application of Open and Closed Meeting Provisions to all Committees ° Closed Meeting Investigation ° individual to include his/her 9.6 (a) "Exclusion of Persons from Committee and the Council at Closed Meetings" has been changed to the following: 26 (b) Closed Session Meetings: Persons may only be excluded when Council or Committee is in a Closed Meeting in accordance with Section 239 of the Act and amendments thereto. As provided for in the Act, Council or a Committee may resolve to move into a session closed to the public in order to discuss matters related to one or more of the following: (Municipal Act, Closed Meeting Provisions as. i.-xii.) ii. Council or a Committee may also resolve into a Meeting closed to the public for the following purposes: (a) The Meeting is held for the purpose of educating or training Members, provided that no Member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of Council or a Committee. (b) If the subject matter relates to the consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act if Council, Board, Commission or other body is designated as head of the institution for the purposes of that Act. iii. Before holding a Meeting or part of a Meeting closed to the public, Council or a Committee approves a Motion, stating the following: (a) The fact that the Meeting will be closed to the public as provided for in the Act; and, (b) The general nature of the matter to be considered at the Meeting closed to the public. (c) Meetings closed to the public must be closed by a Motion to "Proceed into Closed Session" with the said Motion, duly seconded and passed, stated the general nature of the matter(s) to be considered at the Closed Session. W Relevant Section Reference and Suggested Revisions (d) Pursuant to Section 239 of the Act, when a Motion to proceed in a Closed Meeting is carried, the Warden or the Chair may, with the approval of Council, exclude such persons as deemed appropriate from the meeting room. (e) When in a Closed Meeting, no one shall leave and re-enter the meeting room without the approval of the Warden or Chair. Note: Sections 26 (c) to 26 (g) include additional suggested additions to current by-law, including: ° 26(c) Voting During Meetings Closed to the Public ° 26(d) Notice of Meetings Closed to the Public ° 26(e) Confidentiality of Closed Session Meetings and Public Disclosure ° 26(o Application of Open and Closed Meeting Provisions to all Committees ° 26(g) Closed Meeting Investigation 27. Duties of the Warden Note: This section replaces 5.0 "Role of the Warden" in the current by-law and Chair with a comprehensive section that identifies the duties of the Warden or other duly appointed presiding officer and seeks to clarify the Warden's duties as Chief Executive Officer of the County. 28. Warden Note: This is a new section which seeks to establish the procedure when Entering Debate the Head of Council wishes to enter into the debate. 29. Council Member Roles Note: This section seeks to clarify the Roles and Responsibilities of and Responsibilities Council Members and is suggested to replace 6.0 "Role of the Council" in the current by-law. Note: This section establishes procedure for the absence of the Warden 30. Absence of Warden and/or Deputy Warden, a section which is not provided for in the and/or Deputy Warden current by-law. This section is not included in the current by-law. a) In the case the Warden does not attend within fifteen (15) minutes after the time appointed for a meeting of Council, the Deputy Warden shall call the meeting to order and preside as Chair. b) In case the Deputy Warden is unable to attend the meeting, the members will, by resolution duly moved and seconded, appoint a Chair. While so presiding, the Chair shall have all the powers of the head of Council. c) Should the Warden or Deputy Warden, as the case may be, arrive after the meeting has been called to order, the presiding officer shall relinquish the position of the Chair to the Warden, or Deputy Warden as the case may be, immediately after the current item of business on the Council Orders of the Day is considered or otherwise disposed. 79 Relevant Section Reference and Suqqested Revisions 31. Alternate Council This section establishes the procedure and rules related to Alternate Council Members Members. This new subsection that has been added to provide that an office is not vacated due to absences related to vacancies less than one (1) • General Procedures month, more than one (1) month, vacant seats and absences related to • Notification Process pregnancy or the birth or adoption of the Member's child. The provision • Meeting Administration permitting lower -tier councils to appoint alternate Members of County • Alternate Less 1 Month Council came into effect on January 1, 2018. Legislation changes in regard • Alternate Exceed 1 Month to Pregnancy and Parental Leaves came into eff effect on May 30, 2017. To incorporate changes in legislation, a new section "Alternate Members of Council" has been drafted. Background: Bill 68, Section 268 provides for a lower tier council to appoint one of its members as an alternate to the upper tier council to act in place of a person who is a member of both the upper and lower tier councils when a person is unable to attend a meeting of the upper tier council for any reason. The appointment must be one member for the term of council and cannot be the appointment of an alternate head of council of the upper tier municipality. Section 268 does not cover vacancies of a local council where a seat has been declared vacant in accordance with Section 259. It will be up to each local municipality to determine if it wishes to appoint an alternate member to Elgin County Council. Costs: There will be costs associated with this change in legislation and subsequent approval of this By -Law. It is suggested that only mileage and eligible "out of pocket" expenses be paid to alternate members who act as alternate members for a period of less than one (1) month. For alternate members who act as alternate members for a period exceeding one (1) month, it is suggested that the Member's compensation and expense reimbursement eligibility cease and will be provided to the alternate member in the same manner. In the case of vacancy of seat of Warden or Member Vacancy, the same remuneration would apply. Council may consider setting parameters for conventions, seminars or training sessions. This draft suggests that unless a seat is vacant (in the case of death or illegal activity, etc.) the alternate member shall not be eligible to be reimbursed for attendance at conventions, seminars or training. Additional considerations are as follows: Alternative: It is suggested that in all cases, mileage and eligible out of pocket expenses shall be paid to Alternate Members. Council may consider providing alternate members who attend Council or Committee Meetings for occasional meetings and periods of up to one (1) month with compensation for their time. Relevant Section Reference and Suggested Revisions Per diems are not currently established of Council Meetings, with this in mind, one alternative is that members could forgo their wages in favour of compensating the Alternate. Another alternative is to establish a per diem rate for Alternate Members, and we would be paying both the Alternate Member and the Member for a meeting. Council may consider changing the timelines for eligibility for remuneration for example, from one (1) month to three (3). Note: Section 259 of the Act current sets out the circumstances where a 32. Member Vacancy Council Member's office becomes vacant. • Vacancy of Member Note: Many amendments have different implementation dates but the • Vacancy of Warden provision relating to alternates came into effect on January 1, 2018. • Pregancy & Parental The provision permits a local municipality to appoint one of its members to act in place of any of upper-tier members when any of those members are unable to attend an upper-tier meeting for any reason. 33. Administrative Authority Note: This is a new section that authorizes the CAO/Clerk to amend by- of CAO/Clerk laws, minutes or other Council and Committee documentation for technical, typographical or other administrative errors or omissions for the purpose of ensuring an accurate and complete record of proceedings. This section reflects current practice. 34. Organization of Note: No change to current By-law Section 13.0 "Organization of Committees Committees" whereby eligibility and appointment to various committees/boards/agencies is established. 35. Ad Hoc or Special Note: Relates to committees that were not established at the same time as Committees regular committees identified in Section 34. Replaces current By- law Section 13.3 "Ad Hoc or Special Committees". Expanded to include that the committee dissolves as soon as the services for which that committee was appointed are performed. Also, expanded to include the appointment of an Ad Hoc or Special Committee if an issue must be addressed and it does not fall within the scope of management staff. A new section has been drafted to include the establishment of terms of reference for each committee (34 (c)). This section also includes powers and duties of committees, term, quorum, decisions of committees and suggests that an employee of the County act as the Secretary of the committee. 36. Committee Vacancies Note: no change to current By-law Section 13.4 "Vacancies/Appointments". 10 a Relevant Section Reference and Suggested Revisions and Appointments Eligibility for re -appointment moved from 14.0 "Other Committees/Boards/ Agencies" to this section. 37. Other Committees/ Note: Suggested revisions to current Section 14.0 "Other Committees/ Board/Agencies Boards/Agencies" include the following: Members are no longer required to participate in the following and are suggested be eliminated: ° Economic Development and Tourism Advisory ° Social/Entertainment ° St. Thomas -Elgin General Hospital ° Tillsonburg District Memorial Hospital Elgin -St. Thomas Public Health Board requires a change in composition and Board name requires revision to reflect new name "Southwestern Public Health" Additional Committees suggested for inclusion in the revised by-law are the following: ° Human Resources Committee (as needed) ° Joint Elgin/Central Elgin Accessibility Advisory Committee ° Building Committee(s) ° Water Advisory Committee Land Division revised to the following: The Council shall appoint a seven (7) member Land Division Committee, one member from each local municipality, who shall hold office during the term of the Council that appointed them. 38. General Rules for All Note: Suggested new section to include the following: Committees (a) Any member of the Council may be placed on a Committee notwithstanding the absence of such member at the time of their being named on such Committee. (b) The Warden shall be a member ex -officio of all Committees of Council as required and may vote on all questions before the Committee and shall be counted in the formation of a quorum. (c) Members of the Council may attend the meetings of any of its Committees, but shall not be allowed to vote, nor should they be allowed to take part in any discussion or debate, except by the permission of the majority of the members of the Committee. (d) The Council may appoint a member thereof to act on any Committee in lieu and during the absence of any Member thereof, who is absent from the municipality, or unable from illness to attend the meetings of such Committee, and the member so appointed shall be deemed a member 11 W Relevant Section Reference and Suggested Revisions of the Committee and entitled to act thereon, only during such absence or illness. (e) Should any member of a Committee neglect or refuse to attend the properly summoned meetings of their Committees, the Chair shall report such neglect or refusal to the Council, which may remove the said member or members from the Committee and appoint another member in their place or places; or should any Committee neglect or refuse to give due attention to all business or matters before them, the Council may by resolution discharge such Committee and appoint another in its stead. (0 A majority of all members of the Committee shall constitute quorum. 39. Duties of Committees Note: Suggested revisions to current Section 15.0 "Duties of Committees" to include the following: (a) The general duties of the Committees of Council shall be to report to the Council from time to time, whenever desired by the Council and as often as the interest of the County may require, on all matters concerned with the duties imposed on them respectfully, and to recommend such action by the Council in relation thereto as may be deemed necessary. (b) To cause to be prepared and introduced into the Council all by-laws as may be necessary to give effect to such of their reports or recommendations as are adopted by the Council. (c) To consider and report on any and all matters referred to them by the Council of the Warden and every such report shall be signed by the Chair submitting the same. (d) To admire strictly in the transaction of all business to the rules prescribed by the by-laws of the Council. 40. Money Appropriations, Note: No change suggested for current Section 17.0 "Money Appropriations Accounts, Expenditures, Accounts, Expenditures, Contracts and Improvements" Contracts and Improvements 41. Repeal or Amendment Note: This provision is not provided for in the current by-law. Suggested of the By-law procedure is the following: (a) This by-law is not to be amended or repealed except by a majority vote when all members of Council are present. (b) No amendment or repeal of this by-law is to be considered at any meeting of the Council unless notice of the proposed amendment or repeal has been given at a previous regular meeting of Council. 12 W Relevant Section Reference and Suggested Revisions 42. Convention Attendance Note: This provision, currently included as Section 20.0 "Convention Attendance and Hospitality Rooms" has been edited to remove any references to Hospitality Rooms and is otherwise unchanged. 43. Public Record Note: Suggested for inclusion: (a) All communications that the CAO/Clerk receives about a matter on the agenda of a public or open Meeting will form part of the public record. Personal information and opinions in communications are part of the public record unless the author of the communication requests the removal of his/her personal information when submitting it, or when confirmed by the CAO/Clerk. 44. General Provisions Note: Suggested replacement of current Section 21.0 "General Clauses" with the following provisions: a) The rules and regulations contained herein shall be observed in all proceedings of the Council and shall be the rules and regulations for the order and dispatch of business in the Council and in the Committees. b) Notwithstanding (a.), the rules and regulations contained herein may be suspended by vote of two-thirds of the whole Council, and in any case for which prevision is not made herein. c) That all newly -elected Mayors and Deputy Mayors be invited to sit in on Council proceedings at the November Session immediately preceding the commencement of their terms of office. 45. Conflict with the Note: Not included in current by-law. Suggested for inclusion: Municipal Act In cases where the Rules of Procedure conflict with the Municipal Act, 2001 the Municipal Act, 2001 shall prevail. 46. Severability Note: Not included in current by-law. Suggested for inclusion: (a) Each provision of this by-law is distinct and severable. If any provision of this by-law, in whole or in part, is or becomes illegal, invalid, void, voidable or unenforceable in any jurisdiction by any court of competent jurisdiction, the illegality, invalidity or unenforceability of that section, in whole or in part, will not affect: i. The legality, validity or enforceability of the remaining provisions of this by-law, in whole or in part; or ii. The legality, validity or enforceability of that section, in whole or in part, in any other jurisdiction. 13 0 Procedural By -Law Amendments By -Law 18-xx APPENDIX B CORPORATION OF THE COUNTY OF ELGIN BY-LAW NUMBER 18 -XX "TO REGULATE THE PROCEEDINGS IN THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE COUNTY OF ELGIN AND COMMITTEES THEREOF, AND TO REPEAL BY-LAWS NO. 11-06" WHEREAS pursuant to Section 238 of the Municipal Act, 2001, S.O. 2001, Chapter M. 45, as amended, every municipality shall pass a procedure by-law for governing the calling, place and proceedings of Meetings; and WHEREAS the Council of the Corporation of the County of Elgin did pass By -Laws No. 11-06, 02-37, 03-33 and 07-36 and amendments thereto, in order to make and establish rules and regulations for governing the proceedings of Council; and WHEREAS it is necessary to update the procedural by-law in keeping with the requirements of Bill 68 "Modernizing Ontario's Municipal Legislation Act and to repeal previous by-laws to comply with amendments to the Municipal Act, 2001, S.O. 2001. NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: 1. THAT this By -Law shall apply to Council's local boards and committees where applicable. 2. THAT this By -Law comes into force and take effect upon passing. 3. THAT By -Law 11-06 and any previous By -Law inconsistent with this By -Law be and are hereby repealed. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16TH DAY OF OCTOBER 2018. Julie Gonyou, David Marr, Chief Administrative Officer Warden Am Procedural By -Law Amendments By -Law 18-xx By -Law No. 18 -XX RULES OF ORDER AND PROCEDURES GOVERNING THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE COUNTY OF ELGIN AND COMMITTEES THEREOF TABLE OF CONTENTS 1. DEFINITIONS.....................................................................................................5 2. PURPOSE.........................................................................................................7 3. PRINCIPLES OF THE PROCEDURAL BY-LAW.......................................................7 4. APPLICATION.....................................................................................................8 5. INTERPRETING THE PROCEDURAL BY-LAW.........................................................8 6. SUSPENSION OF RULES.....................................................................................8 7. MAJORITY VOTE................................................................................................8 8. COUNCIL COMPOSITION....................................................................................8 9. INAUGURAL MEETING AND ANNUAL ELECTION OF WARDEN...............................9 10. APPOINTMENT OF DEPUTY WARDEN................................................................10 11. REGULAR MEETINGS OF COUNCIL....................................................................11 (A) LOCATION AND SCHEDULE OF MEETINGS OF COUNCIL AND OTHER COMMMITTEES......................................................................................11 (B) NOTICE OF MEETINGS OF COUNCIL.........................................................11 (C) SPECIAL MEETINGS OF COUNCIL............................................................11 (D) NOTICE OF SPECIAL MEETINGS OF COUNCIL...........................................12 (E) EMERGENCY MEETINGS OF COUNCIL.....................................................12 (F) NOTICE OF EMERGENCY MEETINGS OF COUNCIL....................................12 (G) WORKSHOP AND ORIENTATION MEETINGS..............................................12 (H) NOTICE OF WORKSHOP AND ORIENTATION MEETINGS .............................13 (1) CANCELLATION OR POSTPONEMENT OF MEETINGS.................................13 (J) INVALIDATION OF NOTICE OF MEETING...................................................13 (K) QUORUM...............................................................................................13 (L) LATE ARRIVAL.......................................................................................14 (M) ELECTRONIC PARTICIPATION.................................................................14 12. PREPARATION OF THE AGENDAS OF COUNCIL.................................................15 13. AGENDA.........................................................................................................15 (A) REGULAR MEETING................................................................................15 (B) INAUGURAL MEETING.............................................................................15 14. CHANGES IN ORDER OF AGENDA OF COMMITTEE OF THE WHOLE....................16 15. MATTERS OF URGENCY/ADDENDUM TO AGENDA............................................16 Procedural By -Law Amendments By -Law 18-xx 16. OTHER BUSINESS .......................................................................................... 16 OPEN MEETINGS AND IMPROPER CONDUCT ............................................23 (A) STATEMENTS/ INQUIRIES BY MEMBERS ..................................................16 (B) CLOSED SESSION MEETINGS .................................................................. (B) NOTICE OF MOTION ................................................................................ 16 17. REPORTS FROM COUNTY STAFF .................................................................... 17 18. PETITIONS, DELEGATIONS AND CORRESPONDENCE .......................................17 APPOINTMENT OF ALTERNATES LESS THAN 1(ONE) MONTH .....................31 (E) (A) PETITIONS ............................................................................................. 17 (B) DELEGATIONS ....................................................................................... 18 (F) (C) CORRESPONDENCE ............................................................................... 19 (D) MINUTES ............................................................................................... 19 19. COMMITTEE OF THE WHOLE ........................................................................... 20 20. PECUNIARY INTEREST ................................................................................... 20 21. RULES OF DEBATE ........................................................................................ 21 22. RECONSIDERATION ....................................................................................... 22 23. READINGS OF BY-LAWS AND PROCEEDINGS ..................................................22 24. MOTIONS FROM OTHER MUNICIPALITIES AND ORGANIZATIONS REQUESTING ENDORSEMENT ............................................................................................. 23 25. PRESENTATIONS AND RECOGNITIONS ............................................................23 26. OPEN MEETINGS AND CLOSED SESSION MEETINGS ........................................23 (A) OPEN MEETINGS AND IMPROPER CONDUCT ............................................23 GENERAL PROCEDURES......................................................................... (B) CLOSED SESSION MEETINGS .................................................................. 23 (C) VOTING DURING MEETINGS CLOSED TO THE PUBLIC ...............................24 MEETING ADMINISTRATION ..................................................................... (D) NOTICE OF MEETINGS CLOSED TO THE PUBLIC .......................................25 APPOINTMENT OF ALTERNATES LESS THAN 1(ONE) MONTH .....................31 (E) CONFIDENTIALITY OF CLOSED SESSION DISCUSSIONS AND PUBLIC APPOINTMENT OF ALTERNATES EXCEEDING 1 (ONE) MONTH ....................31 DISCLOSURE......................................................................................... 25 (F) APPLICATION OF OPEN AND CLOSED MEETING PROVISIONS TO ALL COMMITTEES........................................................................................ 26 (G) CLOSED MEETING INVESTIGATION .........................................................26 27. DUTIES OF THE WARDEN AND CHAIR .............................................................26 28. WARDEN ENTERING DEBATE ......................................................................... 28 29. COUNCIL MEMBER ROLES AND RESPONSIBILITIES ..........................................28 30. ABSENCE OF WARDEN AND/OR DEPUTY WARDEN ..........................................29 31. ALTERNATE COUNCIL MEMBER ...................................................................... 29 (A) GENERAL PROCEDURES......................................................................... 29 (B) NOTIFICATION PROCESS ........................................................................ 30 (C) MEETING ADMINISTRATION ..................................................................... 30 (D) APPOINTMENT OF ALTERNATES LESS THAN 1(ONE) MONTH .....................31 (E) APPOINTMENT OF ALTERNATES EXCEEDING 1 (ONE) MONTH ....................31 3 87 Procedural By -Law Amendments By -Law 18-xx 32. MEMBER VACANCY....................................................................................... 32 (A) VACANCY OF SEAT OF MEMBER OF COUNCIL ..........................................32 (B) VACANCY OF SEAT OF WARDEN .............................................................32 (C) PREGNANCY AND PRENTAL LEAVE .........................................................32 33. ADMINISTRATIVE AUTHORITY OF CAO/CLERK .................................................33 34. ORGANIZATION OF COMMITTEES ................................................................... 33 35. AD HOC OR SPECIAL COMMITTEES ................................................................. 34 36. COMMITTEE VACANCIES/APPOINTMENTS .......................................................35 37. OTHER COMMITTEES/BOARD/AGENCIES .........................................................35 38. GENERAL RULES FOR ALL COMMITTEES ........................................................35 39. DUTIES OF COMMITTEES ................................................................................ 36 40. MONEY APPROPRIATIONS, ACCOUNTS, EXPENDITURES, CONTRACTS AND IMPROVEMENTS ............................................................................................ 36 41. REPEAL OR AMENDMENT OF THIS BY-LAW .....................................................36 42. CONVENTION ATTENDANCE ........................................................................... 36 43. PUBLIC RECORD ........................................................................................... 36 44. GENERAL PROVISIONS .................................................................................. 37 45. CONFLICT WITH THE MUNICIPAL ACT .............................................................37 46. SEVERABILITY .............................................................................................. 37 I Procedural By -Law Amendments By -Law 18-xx 1. Definitions (a) In this By -Law: "Act" means the Municipal Act, 2001 S.O. 2001, Chapter 25, as amended from time to time "Ad Hoc Committee" means a committee, sub -committee or similar entity of which at least 50 per cent of the Members are also Members of Council, appointed by Council to review and report on a specific issue. Once the final report is delivered and a resolution of Council is adopted concerning the specific issue, the Ad Hoc Committee is automatically dissolved. "Alternate Member" means during the absence of the Member for whom that individual is an alternate, shall act in the place and stead of such member and perform such other duties as assigned. "Business Day" means the days of the week in which Council or Committee shall conduct its business transactions and hold its meetings, excluding Saturday and Sunday or statutory holidays. "CAO/Clerk" means the Chief Administrative Officer/Clerk of the County or his or her designate. Clerk means the person duly appointed, by By -Law pursuant to Section 228 of the Act, as the Clerk of the County. "Chair" means the position of the person appointed to preside, or presiding at, a meeting, whether that person is the regular Chair or not. "Closed Session" means a meeting of Council or Committee that is not open to the public, pursuant to Section 239 of the Act. "Committee" means any advisory or other committee created by Council, of which at least one Member is also a Member of Council, which is established under any Act with respect to the affairs or purposes of one or more municipalities. "Committee of the Whole" means the committee of which all Members present sit on Council. The purpose of this committee is to enable Council to give detailed consideration to a matter under conditions of freedom approximating that of a Committee. When sitting as Committee of the Whole, the results of votes taken are not final decisions of Council, but have the status of recommendations which Council is given the opportunity to consider further and which it votes on finally under its regular rules. "Confidential matter" means those items of business discussed in Closed Session. "Council" means the elected Mayors and/or Deputy Mayors or designates of the County's constituent municipalities when they sit in deliberative assembly. "County" means the Corporation of the County of Elgin. "Delegation" means to address Council or a Committee at the request of the person wishing to speak. "Deputy Warden" means the Member of Council appointed, by By-law or resolution, pursuant to Section 242 of the Act, to act in the place of the Warden when the Warden is absent or refuses to act or, when the office of the Head of Council is vacant, and while so acting such Member has all the powers and duties of the Head of Council. 5 Procedural By -Law Amendments By -Law 18-xx "Ex -Officio" means a Member has the right, but not the obligation, to participate in the proceedings of the meeting, and is not counted in determining the number required for a quorum or whether a quorum is present at a meeting. Ex -Officio cannot attend a Committee meeting if by attending a quorum of Council is created. "Inaugural Meeting" means the first meeting of Council after a regular election as set out in the Act. "Meeting" means an event wherein business is transacted for any regular or special purpose by Council or local board, or a Committee or sub -Committee of either of them, as the case may be, where, (a) a quorum of Members is present, and (b) Members discuss or otherwise deal with any matter in a way that materially advances the business or decision-making of Council, local Board or Committee. "Member" means a candidate duly elected to hold office with the County of Elgin's constituent municipalities, pursuant to the Municipal Elections Act, 1996 S.O. Chapter 32, as amended; or, a person appointed by Council to a Committee. "Minutes" means a written Record of meetings of Council, and the Minutes are to include the events of the meeting, a list of attendees, a statement of the issues considered by the Members, and related responses and decisions on issues. "Motion" means a proposal moved by a Member, and if moved in Council or Committee, seconded by another Member, to adopt, amend or otherwise deal with a matter before Council or Committee. "Municipal Office" means 450 Sunset Drive, St. Thomas, Ontario, N5R 5V1 or any location in the County subsequently designated as its municipal office. "Notice" means written Notice, except where legislation, By -Law or Corporate Policy provides for another form and manner of Notice. "Open Meeting" means a quorum of Members is present and they discuss or otherwise deal with a matter in a way that materially advances the business or decision-making of the relevant council, local board or Committee. "Point of order" means a statement made by a Member during a meeting, drawing to the attention of the Chair a breach of the rules of procedure. "Pecuniary Interest" means an interest that has a direct or indirect financial impact for a Member, be it positive or negative, as defined under the Municipal Conflict of Interest Act, RSO 1990, c. M.50, ss. 2, ss. 3. "Pregnancy and Parental Leave" for the purposes of this By -Law means the period of time the Member of Council will not attend meetings of Council or any Committee to which the member has been appointed as a result of the Member's pregnancy, the birth of the Member's child or the adoption of a child by the Member. "Quasi -Judicial Board" means a local board or Committee that has been delegated Council's decision-making powers; for example, the Land Division Committee. "Question" means a Motion that has been appropriately placed before Council or Committee. Only once duly recognized by the Chair and "on the floor' can a Motion be debated and put to a question of the Members for proper resolution. Procedural By -Law Amendments By -Law 18-xx "Quorum" means, in the case of Council, a majority of Members representing at least one-half of the lower -tier municipalities, pursuant to Section 237 of the Act. In the case of a Committee of Council, quorum is a majority of the whole number of Members of the Committee, including the Chair. "Recorded Vote" means a vote taken on a matter of business, whereupon the CAO/Clerk duly notes the name of each Member present and their vote in the Minutes, as provided for in Section 246 of the Act. Section 246(2) of the Act specifically notes that a failure to vote by a Member who is present at the meeting at the time of the vote and who is qualified to vote shall be deemed to be a negative vote. "Rules of Procedure" means the rules and regulations provided in this By -Law and, where necessary, Robert's Rules of Order (Newly Revised). "Secretary" means the person responsible for recording the Minutes of Council or Committee meetings, the preparation of the agenda and the preparation of any resulting correspondence, as designated by the CAO/Clerk. "Standing Committee" means a Committee established by Council, comprised entirely of Members of Council, to carry out duties on an ongoing basis, as specified by Council. "Steering Committee" means any advisory body, roundtable or other body Council established to advise on specific areas of interest, with Members of the public and staff making up more than 50 per cent of the membership and Council Members or other elected officials making up the rest. "Warden" means the Warden of The Corporation of the County of Elgin, in accordance with the Act, and the term is interchangeable with "Chair', "Chief Executive Officer (CEO)", and "Head of Council" for the purposes of conducting Committee meetings. 2. Purpose (a) This By -Law (referred to as the Procedural By -Law) establishes the rules of order for Council and Committee Meetings. 3. Principles of the Procedural By -Law (a) The principles of openness, transparency and accountability to the public guide the County's decision-making process. In the context of Council and other Committee proceedings, this is accomplished by: i. Ensuring the decision-making process is understood by the public and other stakeholders; ii. Providing access to information and opportunities for input by the public and other stakeholders consistent with the requirements of this By -Law and other statutory requirements; iii. Exercising and respecting individual and collective roles and responsibilities provided for in this Procedural By -Law and other statutory requirements; iv. The protection of basic rights by recognizing the right of the majority to decide, the minority to be heard and individuals have the opportunity to participate. 7 91 Procedural By -Law Amendments By -Law 18-xx (c) The principles of parliamentary law governing Council and Committee Meetings include: i. The majority of Members have the right to decide; ii. The minority of Members have the right to be heard; iii. All Members have the right to information to help make decisions, unless otherwise prevented by law; iv. All Members have a right to an efficient Meeting; v. All Members have the right to be treated with respect and courtesy; and vi. All Members have equal rights, privileges and obligations. 4. Application (a) The rules and regulations contained in this By -Law set out the rules of order for the dispatch of business in Council and Committee Meetings and shall be observed in all proceedings of Council and Committees appointed by Council. 5. Interpreting the Procedural By -Law (a) In the event of conflict between this By -Law and a valid and binding statute, the provisions of the statute prevail. (b) A specific statement or rule in this By -Law has greater authority than a general one. (c) If there is a conflict between two or more rules in this By -Law, or if there is no specific rule on a matter, the Chair will rule. In making a ruling, the Chair may consult the CAO/Clerk, rely on previous rulings or practices, or refer to Robert's Rules of Order (Newly Revised). 6. Suspension of Rules (a) The rules and regulations contained herein that are discretionary and not mandatory under Statute may be temporarily suspended by a majority vote of Council or Committee Members present, with the exception of the following circumstances: i. Where required by law; ii. Contractual agreements binding the County; iii. Amending this Procedural By -Law; and, iv. Quorum requirements. 7. Maioritv Vote (a) Unless this Procedural By -Law states otherwise, a matter passes when a Majority of Members present vote in the affirmative. 8. Council Composition (a) Section 458 of the Act, provides that as of January 2, 2003 the composition of the Council of a municipality, the method of electing or appointing its Members, the number of votes 8 M Procedural By -Law Amendments By -Law 18-xx given to each Member and the titles of its Members shall be the same as they were on December 31, 2002. On December 31, 2002, pursuant to By -Law 97-8 passed on March 18, 1997, the composition of the Corporation of the County of Elgin Council ("Elgin County Council" was: County Council will have nine (9) Members, being the Mayors from each of the seven (7) municipalities within the County of Elgin and the Deputy Mayors of the Municipality of Central Elgin and the Township of Malahide, thereby constituting the composition of such Council as follows: Municipality of West Elgin — One (1) Member (the Mayor) Municipality of Dutton Dunwich — One (1) Member (the Mayor) iii. Township of Southwold — One (1) Member (the Mayor) iv. Municipality of Central Elgin — Two (2) Members (the Mayor and the Deputy Mayor) v. Township of Malahide — Two (2) Members (the Mayor and the Deputy Mayor) vi. Town of Aylmer — One (1) Member (the Mayor) vii. Municipality of Bayham — One (1) Member (the Mayor) (b) The Head of Council, the Warden, will be elected by County Council from amongst the Members of Council on an annual basis. (c) Each Member of Council will have one (1) vote. (d) As provided for in the Act, the Councils of the seven (7) municipalities have the authority to appoint alternates from the Members of Council to represent the municipality on County Council in the absence of Mayor and/or Deputy Mayor in accordance with Section 32 of this Procedural By -Law. 9. Inaugural Meeting and Annual Election of Warden (a) The first Meeting of a new council of a municipality after a regular election shall be held in the evening of the second Tuesday of the month of December, or at such hour and on such day thereafter as the majority of the Members of the Council are present in the Council Chamber but in any case not later than 31 days after its term commences, as provided for in the Act. (b) Section 233 of the Act requires Council to appoint the Head of Council ("Warden") at its first Meeting. No other business shall be conducted until the Head of Council is confirmed. (c) For the appointment of the Warden, the following regulations and procedures shall be followed: i. The CAO/Clerk shall take the Chair at seven o'clock in the evening of the second Tuesday of the month of December in each year, or at such hour and on such day thereafter as the majority of the Members of Council are present in the Council Chamber. ii. The CAO/Clerk shall prepare ballots for voting. 9 93 Procedural By -Law Amendments By -Law 18-xx iii. The CAO/Clerk shall ask those Members of Council seeking the Office of Warden to stand. iv. The CAO/Clerk shall announce that any person aspiring to the position of Warden shall be granted an opportunity, not exceeding five (5) minutes to address Council. Candidates will address Council in alphabetical order. v. The CAO/Clerk shall inform the Members that he or she is ready to proceed with the election of one of their Members to be Warden, unless only one Member indicates his or her intention to run for the Office, in which case the election procedure is dispensed with in favour of a resolution appointing the Warden. vi. Voting shall be by secret ballot and balloting will continue until a candidate obtains a majority of votes. The CAO/Clerk shall count the votes, in the presence of a representative/witness to be chosen by the CAO/Clerk. vii. In the event there are more than two (2) candidates, the candidate receiving the lowest number of votes shall retire. At no time shall the actual number of votes received by any candidate be announced, only the name or names of successful candidate during such round of voting. viii. If two (2) candidates with the least number of votes are tied, then a tie-breaker ballot between the two lowest (tied) votes shall take place. ix. By Motion, the CAO/Clerk shall be directed to destroy the ballots after the election has been completed. x. For the purposes of electing the Warden, each Member of County Council shall have one vote. A. In the case of an equality of votes for Warden, the successful candidate shall be determined by the CAO/Clerk placing the names of the candidates on equal sized pieces of paper in a box and one name being drawn by a person chosen by the CAO/Clerk. Ai. The Warden -Elect shall forthwith sign and declare and read aloud the Declaration of Office and, on completion thereof, he or she shall take the Chair. 10. Aaaointment of Denuty Warden (a) A position of "Deputy Warden" shall be held by the most immediate past Warden who is a member of Council. In the event that there are no Past Wardens on Council following a Municipal Election, Council shall vote and appoint a Deputy Warden at the Inaugural Meeting. (b) The Warden may request said Deputy Warden or any other member of Council to represent him or her at any Meeting or function where the Warden is unable to attend. (c) Councillors attending a function as "Deputy Warden" shall be paid mileage at the same rate established for the use of personal vehicles for County business and any other eligible "out of pocket" expense that may occur. 10 94 Procedural By -Law Amendments By -Law 18-xx 11. Regular Meetings of Council (a) Location and Schedule of Meetings of Council and other Committees After its Inaugural Meeting, Council shall meet in the Council Chambers of the Elgin County Administration Building, 450 Sunset Drive, St. Thomas, ON or other designated location, at a time designated by the Warden, on the second and fourth Tuesday of each month as provided for in the Act as amended and when Notice is given. Council shall approve a schedule of regular Meetings of Council for each calendar year, which may be amended. The schedule of Meetings is made available to the public on the County's website and from the Municipal Office. iii. The Meeting schedule of all other Committees is determined by its Members, in accordance with each Committee's terms of reference and/or prescribed mandate. iv. As soon after the time appointed for a Meeting of Council as a Quorum is present, the Warden shall assume the Chair and call the Meeting to order. v. Council shall always recess/adjourn no later than 12:00 noon, and 6:00 P.M., if in a Meeting at these hours, unless otherwise determined by a resolution, but in all cases shall adjourn no later than 10:00 P.M. vi. The Members of Council shall not leave their places on adjournment, until the Warden or other Presiding Officer leaves the Chair. (b) Notice of Meetings of Council The agenda shall be considered as Notice of regular Meetings of Council and By -Law 07-29, being a By -Law to establish a policy respecting the manner in which Notice will be provided, as amended, shall be utilized in respect thereof. Reports or actions before Council that require enactment of a By -Law, with Notice, shall be subject to terms of the By -Law 07-29, as amended. iii. The CAO/Clerk gives Notice of a Meeting of Council by: a) Providing Council with a regular agenda on each Thursday preceding a Meeting day of Council. b) Where required, providing Council with a Closed Session agenda in accordance with the publishing timeframes set out of regular, addenda and additional addenda set out in Sections 12, 14 and 15. (c) Special Meetings of Council If a matter arises which, in the opinion of the CAO/Clerk, in consultation with the Warden, is considered to be of an urgent or time sensitive nature, or which could affect the health or well-being of residents of the County, and/or if a state of emergency is declared by any Provincial Ministry, the Notice requirements of By -Law 07-29, as amended, may be waived and the CAO/Clerk shall make his or her best effort to provide as much Notice as is reasonable under the circumstances. 11 95 Procedural By -Law Amendments By -Law 18-xx A Special Meeting of Council may be called by the Warden at any time. A Special Meeting of Council is limited to business matters included in the Notice of Meeting. iii. When the CAO/Clerk receives a petition for a Special Meeting of Council signed by a majority of the Members of Council, a Special Meeting of Council is called for the purpose and at the time identified in the Petition. The Petition shall include: a) Original signatures of Members; b) A clear statement of the purpose of the Special Meeting; c) A proposed date and time for such Special Meeting. (d) Notice of Special Meetings of Council The CAO/Clerk gives Notice of Special Meetings of Council by: Providing Council with an agenda in person or by telephone, mail, or electronic means at least 24 hours prior to the Meeting. Posting a Notice on the County's website and time permitting, Notice shall be sent to local media that indicates the date and time of the Meeting of Council. iii. Where item (ii.) cannot be achieved, posting a Notice at the main entrance to the Municipal Office that indicates the date and time of the Special Meeting of Council and the purpose of the Special Meeting. (e) Emergency Meetings of Council Notwithstanding any other provision in this By -Law, the Warden may, at any time, call or provide Notice of an Emergency Meeting of Council. An Emergency Meeting of Council is limited to business matters included in the Notice of Meeting. In the case of an emergency, Council may hold its Meetings at any convenient location within or outside the territorial limits of Elgin County. (f) Notice of Emergency Meetings of Council The CAO/Clerk gives Notice of Emergency Meetings of Council to Members by: (a) Providing Council with an agenda in person or by telephone, mail, or electronic mail at least 24 hours prior to the Meeting. (b) Posting a Notice at the main entrance to the Municipal Office that indicates the date and time of the Emergency Meeting of Council and the general nature of the matters to be discussed. (g) Workshop and Orientation Meetings The Warden and/or CAO/Clerk may convene a Workshop or Orientation Meeting for Members of Council to discuss issues in an informal venue. With the exception of Procedural Matters, no Motions are passed and no matter is discussed which advances the business of the Municipality during the course of such Workshop or Orientation Meeting. 12 KM Procedural By -Law Amendments By -Law 18-xx A record describing, in general terms, the proceedings and the subject matter discussed is made at all Workshop or Orientation Meetings and placed on a future Council agenda to be received only for the purposes of information. (h) Notice of Workshop and Orientation Meetings The CAO/Clerk gives Notice of Workshop and Orientation Meetings of Council by: Providing, at least 24 hours in advance, Notice to Council in person or by telephone, mail or electronic means that indicates the date and time of the Workshop or Orientation Meeting and the general nature of the matters to be discussed. Posting a Notice on the County's website and time permitting, Notice shall be sent to local media that indicates the date and time of the Workshop or Orientation Meeting and general nature of the matters to be discussed. iii. Where item (i.) cannot be achieved, posting a Notice at the main entrance to the Municipal Office that indicates the date and time of the Workshop or Orientation Meeting and general nature of the matters to be discussed. (i) Cancellation or Postponement of Meetings A regular, special, or emergency Meeting of Council or a Workshop or Orientation Meeting of Council may be cancelled or postponed where Quorum cannot be achieved, by Council resolution, in the event of an emergency, or where the Meeting is no longer required, as deemed by the Warden and/or CAO/Clerk. The CAO/Clerk gives Notice on the County's website and time permitting, through the local media of a cancellation or postponement of a regular, special, or emergency Meeting of Council or a Workshop or Orientation Meeting. Where time is limited, a Notice is posted at the main entrance to the Municipal Office. iii. Meetings of any Committees of Council may be cancelled or postponed by the CAO/Clerk, Chair or other assigned person where Quorum cannot be achieved, by Committee resolution, or in the event of an emergency. Q) Invalidation of Notice of Meeting If a Meeting Notice is substantially given, but varies from the form and manner provided in this Procedural By -Law, the ability to hold the Meeting and actions taken at the Meeting are not invalidated. (k) Quorum Members of Council will attempt to advise the office of the CAO/Clerk at least two days in advance if unable to attend a Meeting of Council. If Quorum cannot be met, the Meeting may be cancelled by the CAO/Clerk. Unless there shall be a Quorum present within thirty (30) minutes of the time appointed for the Meeting of Council, Council shall then stand absolutely adjourned until the date of the next regular Meeting and the CAO/Clerk shall record the names of the Members present at the expiration of such thirty (30) minutes. 13 97 Procedural By -Law Amendments By -Law 18-xx iii. Where there is an insufficient number of Members of Council present to achieve Quorum at a Meeting of Council due to a provision of the Municipal Conflict of Interest Act, RSO 1990, c. M.50, ss. 2, ss. 3., the remaining Members of Council constitute Quorum, provided that such number in no case be less than two (2). iv. Members of other Committees will attempt to advise, at least two days in advance, the office of the CAO/Clerk, Recording Secretary, Chair or other assigned person if unable to attend a Committee Meeting. If Quorum cannot be met, the Meeting may be cancelled and the Committee advised by the CAO/Clerk, Recording Secretary, Chair or other assigned person. v. Unless there shall be a Quorum present within thirty (30) minutes after the time appointed for the Meeting of a Committee, the Meeting shall be adjourned until the date of its next regular Meeting. Remaining Committee Members may have an informal discussion on matters, but Motions or other affairs of the Committee shall not be addressed. The CAO/Clerk, Recording Secretary or other assigned person will not be required to remain for the informal discussion. (1) Late Arrival If a Member arrives late at a Meeting, any prior discussion is not reviewed without the consent of the Members present. (m) Electronic Participation A Council Member who is unable to attend a Council Meeting in person may participate in Council Meeting by electronic or other communication facilities if: (a) The facilities enable the other Council Members to hear and be heard by the Council Member. (b) Except for any part of the Council Meeting that is closed to the public, the facilities enable the public to hear, or watch and hear, the Council Member. (c) A Council Member who intends to participate in a Regular Council Meeting by electronic or other communication facilities shall give the CAO/Clerk Notice of this intention at least 72 hours prior to the Council Meeting. The CAO/Clerk shall, as soon as reasonably possible thereafter, provide the Council Member with instructions on how to connect to and participate in the Council Meeting by electronic or other communication facilities. If a Council Member participates in a regular Council Meeting by electronic or other communication facilities: (a) The Council Member shall advise Council when they join the Council Meeting and when they leave the Council Meeting; (b) The Council Member shall not be counted towards Quorum; (c) The Chair shall repeat the results of each vote, including the names of Council Members voting in favour and opposition, immediately following each vote. 14 Procedural By -Law Amendments By -Law 18-xx (d) Should the Chair be unable to hear a Member participating electronically the vote shall be deemed a negative vote. 12. Preparation of the Agendas of Council (a) The CAO/Clerk and his or her staff are charged with providing guidance and recommendations to Council related to municipal business and to implement the decisions of Council. (b) The CAO/Clerk shall chair a regularly scheduled internal meeting of senior staff and invited attendees to review draft agenda items in order to support the business of Council. (c) The CAO/Clerk shall either personally or by his or her approved staff establish an administrative process to support the approval, preparation, Notice, publication and distribution/public access to agendas and agenda items. 13. Agenda In respect of a Regular, Special or Emergency Meeting of Council, the CAO/Clerk shall have prepared an agenda of the Orders of the Day, containing: (a) Regular Meeting 1 st Meeting Called to Order 2nd Adoption of Minutes 3rd Disclosure of Pecuniary Interest and the General Nature Thereof 4th Presenting Petitions, Presentations and Delegations 5th Motion to Move into Committee of the Whole Council 6th Reports of Councillors, Outside Boards and Staff 7th Council Correspondence: i. Items for Consideration ii. Items for information (Consent Agenda) 8th Other Business: i. Statements/Inquiries by Members ii. Notice of Motion iii. Matters of Urgency 9th Closed Meeting Items 10th Recess 11th Motion to Rise and Report 12th Motion to Adopt Recommendations from the Committee of the Whole 13th Consideration of By -Laws 14th Adjournment 15th Public Notice (b) Inaugural Meeting/Annual Warden's Election 1 st Meeting Called to Order 2nd Receipt of Declaration of Acclamation to Office or Declaration of Election from Councillors (the first year only after a municipal election) 3rd Declaration of Office by Councillors (the first year only after a municipal election) 4th Election of Warden Candidates for Warden to Stand Prospective Candidates to Speak (alphabetical order) 15 Procedural By -Law Amendments By -Law 18-xx Proceed with Election (Ballot or Resolution) 5th Administering and Signing of Declaration of Office 6th Gowning 7th Presentation by Past Warden Chain or Office Lord Elgin Watch Gavel of Office 8th Warden's Address 9th Resolution to Destroy the Ballots (if required) 10th Adoption of Minutes 11th Warden to Recommend Committee and Outside Board Appointments 12th Consideration of By -Laws 13th Other Business: i. Statements/Inquiries by Members ii. Notice of Motion iii. Matters of Urgency 14th Recess 14. Changes in Order of Agenda of Committee of the Whole (a) The business of Council is dealt with in the order stated on the published agenda, unless the Warden consents to changing the order. 15. Matters of Urgency/Addendum to Agenda (a) When a Councillor wishes to inform Council of a matter that must be considered immediately, due to extreme time constraints to utmost importance, after the agenda has been prepared, Council by majority vote shall determine if the matter is admissible and requires immediate action and such item may be included as an Addendum to the Agenda without prior Notice being given. 16. Other Business (a) Statements/Inquiries by Members When a Councillor wishes to inform Council of a matter that does not require action and consideration by Council or otherwise wishes clarification of a matter, such information may be announced under "Statements/Inquiries by Members". It is understood that these announcements are made solely for Council's information and that under no circumstances shall Council take action within this category. (b) Notice of Motion Notices of Motion shall be received by the CAO/Clerk at any time Council is meeting and in his or her office in advance of the production and distribution of the agenda material and shall be printed in the agenda. A Notice of Motion shall be dealt with by Council, at the Meeting at which it appears printed in the agenda. A Notice of Motion that is not printed in the agenda shall be dealt with in the order of business of Motions at any subsequent Meeting of Council. 16 100 Procedural By -Law Amendments By -Law 18-xx iii. The business of such Motions shall, in all cases, be taken up in the way in which it appears upon the Orders Of The Day, unless otherwise determined by a vote of the majority of the Members present taken without debate thereon. iv. All Motions shall be moved and seconded before being debated or put to vote; and all Motions shall be read and then conveyed to the Warden, who may again read the same. v. After a Motion has been received by the Warden or other Chair, it shall be deemed to be in possession of Council or Committee, but may be withdrawn at any time by consent of a majority of the Members present. vi. A Motion to refer the main Motion to staff or an outside board shall preclude all amendment of the main question until decided. vii. A Motion to adjourn shall always be in order unless a vote is being taken. viii. A Motion to table is always in order and will supersede the main Motion. ix. All amendments shall be placed in the reverse order in which they are moved; and every amendment to the Motion shall be decided upon or withdrawn before the main question is put to vote. x. There shall not be more than two (2) amendments to the main question or any Motion. A. Not more than one (1) amendment shall be allowed to any amendment. xii. After any question is finally put to vote by the Warden or other Chair, no Member shall speak to the question nor shall any other Motion be made until after the result is declared. xiii. Whenever the Warden or other Chair is of the opinion that a Motion offered to Council is contrary to law or the rules and privileges of Council, he or she shall apprise the Members thereof immediately. xiv. Members shall always take their places prior to any decision being called. xv. When the Warden or other Chair is called on to decide a point of order or practice, he shall state the rule or authority applicable to the case. 17. Reports from County Staff (a) If deemed appropriate by the CAO/Clerk, any County Staff may report to the Warden and Members of Council at any session of Council. 18. Petitions, Delegations, Correspondence and Minutes (a) Petitions Every petition, protest, or other written application intended to be presented to Council must be legibly written or printed on paper, and signed by at least one person, complete with their mailing address and telephone number. The Warden, in consultation with the CAO/Clerk, shall determine whether the delegation(s) request is 17 101 Procedural By -Law Amendments By -Law 18-xx suitable and appropriate for consideration by County Council. In determining the suitability of each delegation for authority to address Council, the Warden shall ensure that the request is within the purview and jurisdiction of Council. Every Member presenting any petition, protest, or other written application to Council, shall examine the same and shall be answerable that they contain only relevant or proper matter and that the same is respectful and temperate in its language; he or she shall also endorse thereon the name of the applicant and the substance of such application, sign his or her name thereto, which endorsement only shall be read by the CAO/Clerk, unless a Member shall require the reading of the paper, in which case the whole shall be read. iii. All petitions or other written communications received prior to any meeting on Council and on any subject that falls within the jurisdiction of any outside board shall, on the presentation, be referred to the outside board by the CAO/Clerk for consideration. Any matters arising subsequently shall be referred by the Warden without Motion and no Member shall speak upon nor debate on the presentation of any such petitions or other communications to Council. (b) Delegations An individual may make a delegation at any Meeting of Council or Committee related to an item of business on the agenda. Any person or groups of persons, wishing to address Council or Committee, is required to make the necessary arrangements through the CAO/Clerk, at least eight (8) days prior to the date of the Council or Committee Meeting. Written briefs shall be provided so that sufficient time will permit distribution to the Members of Council, prior to the said Meeting. The CAO/Clerk's determination as to when a deputation will be scheduled is final. iii. Once a delegation has addressed Council or Committee, no further request on the same issue will be entertained until written information is produced to Council or such Committee and it agrees that another delegation is warranted. iv. No person or delegation shall be permitted to address Council or Committee on a subject not on the Agenda, unless permission is granted on the consent of the Chair and on two-thirds majority of members in support of such presentation. v. A delegation shall be limited to a maximum of fifteen (15) minutes. Council or Committee may, by Motion, and with the support of the majority of its members lengthen the time for hearing of delegations. vi. A delegation consisting of more than five (5) persons shall be limited to two speakers and to a total time limitation of fifteen (15) minutes for the delegation presentation. Council or Committee may by Motion lengthen the time for hearing of delegations. vii. No more than four (4) delegations shall be scheduled to address Council at any Regular, Special or Emergency Meeting, unless otherwise permitted by the Warden. viii. The CAO/Clerk shall provide all individuals or groups, seeking to address Council or Committee with a copy of the appropriate section of this Procedural By -Law dealing with delegations. 18 102 Procedural By -Law Amendments By -Law 18-xx ix. No person shall be allowed to address Council during the sittings of Council without the permission of the Warden or other Chair. x. Members of Council may ask questions of a delegation but shall not enter into debate with any representative of any such delegation. With the permission of the Chair, the CAO/Clerk may ask questions of any delegations. All questions to delegations shall be addressed through the Chair. No other person may ask any questions of delegations, unless directed to do so by the Warden or other Chair. A. Should an individual wish to be provided with further Notice related to a matter addressed by a delegation before Council or Committee, he or she is required to indicate this wish to the CAO/Clerk as part of his or her delegation request originally delivered. (c) Correspondence When correspondence has been requested to be included on a Council agenda or on the request of a Member of Council or Committee to the CAO/Clerk or any Chair of any Committee, such correspondence is placed on the agenda for a regular Meeting. Correspondence must be received no less than eight (8) days prior to a regular Council Meeting. Where required due to urgency or timing, correspondence may be considered directly by Council as an item of New Business or as an Addendum to the Agenda. ii. Staff may prepare recommendations related to any matter for consideration by Council or Committee. iii. Council will direct, to the CAO/Clerk, correspondence clearly intended to be considered as part of an agenda of Council. iv. The CAO/Clerk is required to verify whether it is the intent of an individual to include his or her correspondence on a public agenda. For reasons of privacy, irrelevant personal information will be severed from correspondence. General correspondence between Councillors or staff and constituents or stakeholders will not be included unless the CAO/Clerk is satisfied that it was clearly the individual's intent to include his or her correspondence on a public agenda. v. Correspondence must be legible and not contain any defamatory statements. Anonymous correspondence will not be acknowledged, circulated or placed on an agenda. vi. Council's receipt of correspondence does not constitute endorsement of the correspondence by the County of any recommendations it may contain or actions it may advocate. vii. Where correspondence is not requested to be included in a Council agenda, it is circulated by the CAO/Clerk to Members of Council, and applicable staff for their information. (d) Minutes The Minutes of Council or Committee Meeting shall consist of: 19 103 Procedural By -Law Amendments By -Law 18-xx (a) A record of the place, date and time of Meeting; (b) The name of the Chair, a record of all Members present, and the names of those Members who are absent; (c) The reading, if requested, correction and adoption of the Minutes of prior Meetings; (d) All other proceedings of the Meeting without note or comment. ii. The CAO/Clerk shall ensure that a copy of the Minutes of each Meeting is delivered to each Member of Council or Committee at least forty-eight (48) hours prior to the commencement of the Meeting of Council or Committee. iii. The CAO/Clerk shall keep a permanent copy of all Council or Committee Minutes for public inspection. 19. Committee of the Whole (a) When Council wishes to consider a subject(s) with all the freedom granted an ordinary committee, it may refer the matter to Committee of the Whole. Members may speak more than once to the same question and the limitations on length of speaking, if any, are relaxed. (b) Whenever it shall be moved and carried that Council move into Committee of the Whole and into a Closed Meeting, the Warden or other Chair may leave the seat of Chair, and appoint another person as Chair, who shall maintain order in the Committee. (c) The rules of Council shall be observed in the Committee of the Whole, so far as may be applicable. (d) The Chair, subject to an appeal to Council, shall decide any questions of order arising in Committee of the Whole, and if any sudden disorder should arise in the Committee, then the Warden or other Chair will resume the seat of Chair, without any question being put. 20. Pecuniary Interest (a) As required by the Municipal Conflict of Interest Act, RSO 1990, c. M.50, ss. 2, ss. 3, at the commencement of a Meeting, or prior to considering a Motion under New Business or at the first Meeting attended thereafter, a Member who was absent from any previous Meeting at which such matter was considered, such Member shall disclose any direct or indirect pecuniary interest and state the general nature of such interest and it shall be recorded by the CAO/Clerk in the Minutes. (b) A Member shall file with the CAO/Clerk a written statement of any interest declared by the Member in accordance with the Municipal Conflict of Interest Act, RSO 1990 Act and its general nature, and the CAO/Clerk will make the disclosure publicly available and will maintain a registry of written statements of disclosure. (c) In the case of items to be discussed in a Closed Session Meeting, the Member shall leave the Meeting and shall take no action to participate in, or influence, the vote of the other Members when said item is to be resolved by Council. 20 104 Procedural By -Law Amendments By -Law 18-xx 21. Rules of Debate (a) As soon after the hour of Meeting as a Quorum is present, the Warden shall take the Chair and Members present there at shall be called to order. (b) Immediately after the Warden or other Chair has taken his or her seat at the commencement of each Meeting, the Minutes of the preceding Meeting as delivered to each Member shall be adopted as printed or if approved shall be amended and signed by the Warden and the Chief Administrative Officer. (c) The Chair shall maintain a list of Members who have requested to speak or ask questions. The Chair designates Members to speak or ask questions in the order in which they appear on the list. (d) When the Warden or other Chair is putting forth the question, no Member shall walk across or out of the room, shall not interrupt the speaker, except to a question of order, nor pass between the speaker and the Chair. (e) Any Member called to order shall at once cease speaking, unless permitted to explain, and the ruling of the Warden or other Chair shall be final, unless otherwise decided by Council on an appeal from such ruling. (f) No Member shall speak disrespectfully of any person or use un -parliamentary or offensive language in or against Council or Committee or against any Member, staff or other person in the Council Chamber. (g) No Member shall partake of food in the Council Chamber while the Council is Meeting. (h) No Member shall speak outside the question in debate. (i) Any Member may require the question or Motion under discussion be read at any time during the debate but only so as not to interrupt a Member while speaking. (j) During any Council or Committee Meeting, except during any period sitting as Committee of the Whole, no Member, unless the Warden consents to it, shall speak more than once on the same question or during any period sitting as Committee of the Whole, until all other Members have had the opportunity to speak to the question. (k) After a Motion is passed or a report adopted, no Motion to alter or amend the same shall be considered during the same Meeting of Council or Committee, unless the Motion to alter or amend is moved and seconded by two Members of Council or Committee from among those Members in attendance and who voted with the majority that carried said Motion or report. (1) Upon a division of any question before Council or Committee, except Committee of the Whole in a Closed Meeting of Council, and if required by any Member of Council, the names of those voting on the matter before Council, or Committee shall be recorded YEA or NAY as the Members vote on the question. All Members present during a decision must vote. (m) Questions under the proper Orders of the Day may be put to the Warden or other Chair or through him or her to any Member of Council, relating to any Motion or other matter connected with the business of Council or Committee or the affairs of the County, but no argument or opinion is to be offered, nor any facts stated, except as may be necessary to 21 105 Procedural By -Law Amendments By -Law 18-xx explain the same; and in answering any such questions a Member is not to debate the matter to which the same refers. (n) Members of Council or Committee, except the Warden, shall be referred to as County Councillors. (o) At any time when a vote, taken by a show of hands, is unclear as to the outcome, the Warden or other Chair may request the Members to stand to indicate their YEA or NAY in respect of such vote. In the case of electronic participation, the attending Member will be asked directly to indicate his or her YEA or NAY. (p) Upon a tie vote on any question, by a show of hands, a recorded vote shall then be taken. (q) Upon a tie recorded vote the question shall be considered a defeated Motion. (r) If the Warden or other Chair as the case may be desires to leave the seat of the Chair before adjournment of the Meeting and fails to call some Member to the position of the Chair, Council or Committee may appoint a Member to preside over the Meeting until the business of the Meeting is finished. (s) No person other than Members or any Members of a Committee or employees of the County shall be allowed to speak from the gallery during the Meetings of Council or Committee without the permission of the Chair. 22. Reconsideration (a) After a Motion has been voted on by County Council, no Motion for reconsideration thereof shall be introduced, unless it is moved and seconded by two Members from among those who voted with the majority and such Motion may only be passed by a two - third vote of the entire Council in support of such reconsideration. 23. Readings of By -Laws and Proceedings (a) Every By -Law shall be printed in written or in electronic form and introduced by the CAO/Clerk and shall be considered for enactment by Council. (b) All By -Laws collectively shall be given first, second and third readings in a single Motion, unless a Member wishes to discuss the contents of a By -Law or a matter requires that the By -Law receive first and second reading only and third reading at a future Meeting, at which time the subject By -Law shall be removed from the Motion list and dealt with separately. The headnote only of the By -Law shall be read and a By -Law shall not be enacted until it has received three readings. (c) After By -Laws have passed, the CAO/Clerk shall be responsible for their corrections should amendment be required. (d) The Proceedings of every Regular, Special or Emergency Meeting shall be confirmed by a Confirmation By -Law so that every decision of Council and every resolution passed at that Meeting shall have the same force and effect as if each one of them had been the subject matter of a separate By -Law duly enacted. (e) All By -Laws adopted shall be printed in the annual Proceedings of Council. (f) The CAO/Clerk shall maintain a permanent copy of all By -Laws for public inspection. 22 106 Procedural By -Law Amendments By -Law 18-xx 24. Motions from Other Municipalities and Organizations Requesting Endorsement (a) Motions from other municipalities in Elgin County are placed on the agenda for County Council. Where required due to urgency or timing, the Motions from other municipalities and organizations that request endorsement or action by Council may be considered directly by Council as an item of New Business. (b) Staff may prepare recommendations related to the matter for Council's consideration. (c) Council's receipt of Motions from other municipalities in Elgin County does not constitute endorsement by the County of any recommendations or actions they may contain. (d) Motions from municipalities outside of Elgin County and requests for endorsement or action from other organizations will be dealt with as a matter of correspondence. 25. Presentations and Recognitions (a) Presentations include those of staff or parties invited by staff or those of other government agencies and presentations to Council on matters of interest to the County as well as awards, certificates, grants and other recognitions presented to/by the County or its staff or related parties. Such presentations are received or presented by the Chair. (b) Presentations may be up to ten (10) minutes. The consent of Council is required to extend the presentation beyond ten (10) minutes. 26. Open Meetings and Closed Session Meetings (a) Open Meetings and Improper Conduct i. Except as provided in this section, all Meetings of Council and Committee shall be open to the public pursuant to the Act, S. 239 (1). ii. The Chair or other Chair may expel any person for improper conduct at a Meeting, pursuant to the Act, 2001, S. 241 (2). (b) Closed Session Meetings Persons may be excluded when Council or Committee is in Closed Meeting in accordance with Section 239 of the Act and amendments thereto. As provided for in the Act, Council or a Committee may resolve to move into a session closed to the public in order to discuss matters related to one or more of the following: (a) The security of the property of the County, Committee, or a local board; (b) Personal matters about an identifiable individual, including County or local board employees; (c) A proposed or pending acquisition or disposition of land by the County or local board; (d) Labour relations or employee negotiations; (e) Litigation or potential litigation, including matters before administrative tribunals, affecting the County or local board; 23 107 Procedural By -Law Amendments By -Law 18-xx (f) The receiving of advice that is subject to solicitor -client privilege, including communications necessary for that purpose; (g) A matter in respect of which Council, a board, a committee or other body may hold a closed Meeting under another Act; (h) For the purpose of educating or training the Member so far as the matter is not dealt with in a way that materially advances the business or decision making of Council, local board or committee; (i) An ongoing investigation respecting the County, a local board or a municipally - controlled corporation by the Ombudsman of Ontario, a locally -appointed Ombudsman, or an appointed Closed Meeting Investigator; Q) 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; (k) A trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; (1) A trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; or (m) 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. ii. Before holding a Meeting or part of a Meeting closed to the public, Council or a Committee shall approve a Motion, stating the following: (a) The fact that the Meeting will be closed to the public as provided for in the Act,- and, ct,and, (b) The general nature of the matter to be considered at the Meeting closed to the public. iii. Pursuant to Section 239 of the Act, when a Motion to proceed in a Closed Meeting is carried, the Warden or the Chair may, with the approval of Council, exclude such persons as deemed appropriate from the meeting room. iv. When in a Closed Meeting, no one shall leave and re-enter the Meeting room without the approval of the Warden or Chair. (c) Voting During Meetings Closed to the Public i. No vote will be taken at a Meeting described in Section 26 (b) of this Procedural By - Law, and which is closed to the public, unless: (a) The subject matter relates to an issue as described in Section 26 (b) of this By - Law; and 24 108 Procedural By -Law Amendments By -Law 18-xx (b) The vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the Municipality or persons related by or under contract with the Municipality. (c) On Motion in Committee of the Whole in a Closed Meeting, to rise and report the question shall be decided without debate. (d) The only decisions allowed from a Closed Meeting are: i. Motion to rise without reporting ii. Motion to rise and report iii. Motion to provide staff direction (e) The number of times a Member may speak to any question shall not be limited during a Closed Session, provided that no Member shall speak more than once until every Member who desires to do so shall have spoken. (f) A Member present at a Closed Session shall, prior to consideration of any matter, declare any pecuniary interest, direct or indirect and the general nature thereof and said Member shall leave the Closed Session, or part thereof, during which the matter is under consideration. The declaration of Pecuniary Interest shall be recorded in the Minutes. (d) Notice of Meetings Closed to the Public Where a matter may be considered by Council or a Committee for discussion in Closed Session, whenever possible, written Notice provided for in this By -Law: (a) The fact that the Meeting will be closed to the public as provided for in the Act; (b) The general nature of the matter to be considered at the closed Meeting. (e) Confidentiality of Closed Session Discussions and Public Disclosure A summary of any discussion held in Closed Session and any required vote if permitted, will occur following the Closed Session discussion of Council or Committee. The summary of Closed Session discussion and vote will provide sufficient detail, without detrimentally affecting the confidentiality of the matter(s) discussed in Closed Session and the position of the Municipality. iii. No Member shall disclose or discuss, through written, electronic or verbal communication, to any individual or corporate third party, any information that has been or will be discussed at a Closed Session Meeting of Council or Committee until such time that such Council or Committee has determined or has been advised by staff that the matter, or any part of the matter, can be made public subject to review by the Chair or designate under the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56 or if directed to do so by a court. iv. A Motion to adjourn a Closed Session shall always be in order and be decided without debate, except when a Member is in possession of the floor. 25 109 Procedural By -Law Amendments By -Law 18-xx v. Upon rising from a Closed Session, the Chair shall announce the result of the vote as it is to be recorded in the Minutes. (f) Application of Open and Closed Meeting Provisions to all Committees The provisions of Section 239 of the Act and Sections 9 (a), (b), and (c) of this By - Law apply to any and all Committees, despite Section 238 of the Act. (g) Closed Meeting Investigation Council shall appoint a Closed Meeting Investigator to carry out Closed Meeting Investigations. ii. If, after completing an investigation, the investigator is of the opinion that the Meeting or part of the Meeting that was the subject -matter of the investigation appears to have been closed to the public contrary to the Act or to this By -Law, the investigator shall report his or her opinion and the reasons for it to Council and may make such recommendations as he or she thinks fit. iii. The County of Elgin shall ensure that reports contemplated in this section are made available to the public as required by the Act. iv. If the investigator is of the opinion that the Meeting was closed to the public contrary to Act, Council shall pass a resolution stating how it intends to address the report. v. A person may request that an investigation be undertaken to determine whether Council or other Committee complied with the requirements of the Act and this By - Law in respect of a Meeting or part of a Meeting closed to the public. A person may initiate such a request by completing and submitting a copy of the Municipal Investigation of Closed Meetings form. 27. Duties of the Warden and Chair (a) The Chair of a Meeting of Council, whether a Regular, Special, Workshop or Orientation is the Warden. In the absence of the Warden, the Deputy Warden is Chair as provided for in this By -Law. (b) The Chair and any Vice Chairs of any Committees are appointed from among their respective Members and shall serve as Chair of any Committee Meetings at all times in accordance with this By -Law. (c) It shall be the duty of the Warden or other duly appointed Chair: to act as Chief Executive Officer of the municipality; ii. to preside over Council Meetings so that its business can be carried out efficiently and effectively; iii. to provide leadership to Council; iv. to represent the County at official functions; 26 110 Procedural By -Law Amendments By -Law 18-xx v. to carry out the duties of the Chair under any other Act or any other Statute of the Province; vi. to provide information and recommendations to the Members of Council with respect to Council's role to ensure the accountability and transparency of the operations of the municipality including the activities of the senior management of the municipality; vii. to provide information or recommendations to Council to ensure that administrative policies, practices and procedures are in place to implement the decisions of Council; viii. to open the Meeting of Council by taking the Chair and calling the Members to order; ix. to announce the business before Council in the order which it is to be acted upon; x. to receive, in the proper manner, all Motions presented by the Members of Council and to submit these Motions as questions for proper debate; A. to put to a vote all questions which are duly moved and seconded or which necessarily arise in the course of proceedings and to announce the results; Ai. to decline to put to a vote Motions which infringe upon the Rules of Procedure as provided for in this By -Law; xiii. to restrain the Members, within the Rules of Procedures, when engaged in debate; xiv. to enforce on all occasions the observance of order and decorum among the Members and those before Council; xv. to call by name any Member persisting in breach of the Rules of Procedure, thereby ordering the Member to vacate the meeting place; xvi. to receive all messages and other communications and announce them; xvii. to authenticate by his or her signature, when necessary, all By -Laws and Minutes of Council; xviii. to inform the Members of Council, when necessary or when referred to for the purpose, on any point of order; xix. to represent and support Council, implicitly obeying its decision in all matters; xx. to ensure that the decisions of Council are in conformity with the laws and By -Laws governing the activities of Council. xxi. When appointed to be, may be ex -officio a Member of all committees of Council; xxii. To perform all duties as required of a Member of Council; xxiii. To adjourn the Meeting without question in the case of grave disorder arising during the Meeting or suspend the sitting of Council until a time to be named by the Warden; and xxiv. To adjourn the Meeting when the business of Council is concluded. 27 111 Procedural By -Law Amendments By -Law 18-xx (d) As Chief Executive Officer of the County, the Warden shall: uphold and promote the purposes of the municipality; ii. promote public involvement in the municipality's activities; iii. act as the representative of the municipality both within and outside the territorial limits of the municipality, and promote the municipality locally, nationally and internationally; and iv. participate in and foster activities that enhance the economic, social and environmental well-being for the municipality and its residents. 28. Warden Entering Debate (a) If the Warden desires to leave the Chair for the purpose of taking part in the debate or otherwise, they shall call on one of the Councillors to fill their place until they resume the Chair. 29. Council Member Roles and Responsibilities (a) Council Members are responsible for, where applicable: Attending scheduled Meetings; ii. Carefully considering and making decisions about Meeting business, including seeking information and advice from staff prior to and during a Meeting; iii. Voting on Motions put to a vote; iv. Respecting the rules of order in this Procedural By -Law; v. Listening attentively, participating in a Meeting and not interrupting, unless to raise a Point of Order; vi. Remaining silent in their seats while Council or a Committee votes and until the Chair announces the results of the vote; vii. Refraining from using any offensive, disrespectful or un -parliamentary language about any Member, municipal employee, Meeting attendees and Council or a Committee as a whole; viii. Respecting and following the decisions of Council or a Committee; ix. Respecting the confidentiality of matters discussed in Closed Session Meetings and not disclosing the subject or substance of these discussions unless authorized to do so; x. Complying with the Chair's rulings and Council's decisions; and A. Complying with the Council Code of Conduct. (b) The Role of Council Members, where applicable: 28 112 Procedural By -Law Amendments By -Law 18-xx to represent the public and to consider the well-being and interests of the County; to develop and evaluate the policies and programs of the County; iii. to determine which services or extent to which the County provides such services; iv. to ensure that administrative policies, practices and procedures and financial policies, practices and procedures are in place to implement the decisions of Council; v. to ensure the accountability and transparency of the operations of the County, including the activities of the senior management of the County; vi. to maintain the financial integrity of the County; vii. to carry out the duties of a Member as provided for under any Act or By -Law. 30. Absence of Warden and/or Deputy Warden (a) In case the Warden does not attend within fifteen (15) minutes after the time appointed for a Meeting of Council or Committee, the Deputy Warden shall call the Meeting to order and preside as Chair, subject to any restrictions regarding Conflict of Interest. (b) In case the Warden and Deputy Warden are unable to attend the Meeting, the Members will, by resolution duly moved and seconded, appoint a Chair. While so presiding, the Chair shall have all the powers of the Chair. (c) Should the Warden or Deputy Warden, as the case may be, arrive after the Meeting has been called to order, the Chair shall relinquish the position of the Chair to the Warden, or Deputy Warden as the case may be, immediately after the current item of business on the Council Orders of the Day is considered or otherwise disposed. 31. Alternate Council Member (a) General Procedures This following procedure relates to alternates to County Council who are appointed by local municipalities under section 268 of the Act when they are required to attend a Council Meeting. The Council of a constituent municipality may appoint one of its Members as an Alternate Member of County Council to act in place of a person who is a Member of the Councils of the constituent municipality and the County when the person is unable to attend a Meeting of County Council for any reason. iii. County Council has no role in the appointment of alternates but it can establish procedures for accommodating alternates at County Council. iv. Constituent municipalities are able to appoint an Alternate Member of County Council in accordance with the following provisions: (a) There can only be one Alternate Member appointed per municipality (b) The appointment is for the term of Council 29 113 Procedural By -Law Amendments By -Law 18-xx (c) Municipalities cannot appoint another alternate to act in place of the appointed Alternate Member v. Alternate Members shall make their declaration of office prior to taking their seat as an Alternate Member of Council. This is not required for subsequent Meetings they might attend. vi. The Alternate Member shall have all the powers and duties of a Member, including the power to make motions and vote and the duty to abide by this By -Law and Code of Conduct, as applicable. vii. Alternate Members must only be used when the Member is unable to attend an entire Meeting with the exception of an Inaugural Meeting or Meeting of any County Board or Agency. (b) Notification Process A local municipality shall notify the CAO/Clerk in the event that its council appoints an Alternate Member of County Council. ii. The CAO/Clerk shall keep a record of all appointed Alternate Members which shall be available to the public. iii. The local Clerk or incumbent Council Member shall notify the CAO/Clerk, in writing, as soon as reasonably possible when an alternate shall be attending a Meeting of Council. iv. Each local municipality will be responsible for notifying its Alternate Member that they are to attend any County Council Meeting. v. In situations where no prior notice has been given the Alternate Member shall at the time they attend a County Council Meeting, provide the CAO/Clerk with written confirmation that they are acting as an alternate for that Council Meeting. vi. Alternate Members shall receive a regular agenda on each Thursday preceding a Meeting day of Council. If no notice was provided they shall receive a hard copy agenda at the time they attend the Council Meeting. vii. Closed Meeting agendas, reports and minutes will be provided to the member on paper and shall be returned at the end of the meeting. (c) Meeting Administration The Alternate Member's powers and duties as a Council Member extend only to the time they are present at the Council Meeting. ii. Council Minutes shall note the absence of the incumbent Member and the attendance of an Alternate Member. iii. Where both an Alternate Member and Council Member attend a Council Meeting the Council Member shall assume their seat. The Alternate Member may attend as a spectator. 30 114 Procedural By -Law Amendments By -Law 18-xx (d) Appointment of Alternates for a Period of Less Than One (1) Month If a person who is a Member of the council of a constituent municipality and a Member of County Council is unable to act as a Member of those councils for a period of less than one (1) month, the Council of the constituent municipality may appoint one of its Members as an Alternate Member of County Council to act in place of the Member until the Member is able to resume acting as a Member of those councils. ii. An Alternate Member appointed at the discretion of a constituent municipality shall not receive compensation by the County for any Meetings of Council they are required to attend in the absence of the Member but shall be paid mileage at the same rate established for the use of personal vehicles for County business and any other eligible "out of pocket" expense that may occur. iii. An Alternate Member shall not be eligible to be reimbursed for attendance at conventions, seminars or training. iv. An Alternate Member while acting in their capacity, shall be governed by all applicable policies of the County such as but not limited to this By -Law and Council Code of Conduct; v. An Alternate Member shall have access to applicable support resources such as but not limited to the County's Integrity Commissioner. (e) Appointment of Alternates for a Period Exceeding One (1) Month If a person who is a Member of the council of a constituent municipality and a Member of County Council is unable to act as a Member of those councils for a successive period exceeding one (1) month, the Council of the constituent municipality may appoint one of its Members as an Alternate Member of County Council to act in place of the Member until the Member is able to resume acting as a Member of those councils. ii. Upon notice of vacancy exceeding one (1) month, the Member's compensation and expense reimbursement eligibility will cease and will be provided to the Alternate Member in the same manner. iii. An Alternate Member shall be eligible to be reimbursed for attendance at conventions, seminars or training. iv. An Alternate Member while acting in this capacity, shall be governed by all applicable policies of the County such as but not limited to this By -Law and Council Code of Conduct. v. An Alternate Member shall have access to all equipment supplied to a regular Member including but not limited to information technology equipment, account access and applicable support resources such as but not limited to the County's Integrity Commissioner. 31 115 Procedural By -Law Amendments By -Law 18-xx 32. Member Vacancy (a) Vacancy of Seat of Member of Council The Council of the constituent municipality may appoint one of its Members as an Alternate Member of County Council to act in place of Member Vacancy. The office of a Member of Council becomes vacant if the Member: (a) becomes disqualified from holding the office of a Member of Council; (b) fails to make the declaration of office before the deadline; (c) is absent from the meetings of council for three successive months without being authorized to do so by a resolution of Council; (d) resigns from his or her office; (e) is appointed or elected to fill any vacancy in any other office on the same council; (f) has his or her office declared vacant in any judicial proceeding; (g) forfeits his or her office under the Act or any other Act; or (h) dies, whether before or after accepting office and making the prescribed declarations. ii. Seats declared vacant by a constituent municipality will be dealt with as outlined in the Act. iii. Upon notice of vacancy, the Member's compensation and expense reimbursement eligibility will cease and will be provided to the Alternate Member in the same manner. iv. An Alternate Member shall be eligible to be reimbursed for attendance at conventions, seminars or training. v. An Alternate Member while acting in this capacity, shall be governed by all applicable policies of the County such as but not limited to the Council Code of Conduct. vi. An Alternate Member shall have access to all equipment supplied to a regular Member including but not limited to information technology equipment, account access and applicable support resources such as but not limited to the County's Integrity Commissioner. (b) Vacancy of Seat of Warden If the position of Warden is vacant, Council shall fill the vacancy by appointment in the same manner as Warden was originally appointed, as provided for in this By -Law. (c) Pregnancy and Parental Leave Applies to a Member of Council who is absent from Meetings of Council for at least three (3) consecutive months as a result of the Member's pregnancy, the birth of the Member's child, or the adoption of a child by the Member. 32 116 Procedural By -Law Amendments By -Law 18-xx ii. The office of a Member of Council shall not become vacant if a Member is absent for twenty (20) consecutive weeks or less if the absence is a result of the Member's pregnancy, the birth of the Member's child or the adoption of a child by the Member. iii. Prior to the Member missing meetings of Council for three (3) consecutive months, a Member of Council shall, provide this request in writing to the CAO/Clerk. iv. If a Member of Council wishes to see a leave in excess of twenty (20) consecutive weeks the Member shall request an extended leave, in writing to the CAO/Clerk as soon as the need for an extended leave is known. If an extended leave is requested, the CAO/Clerk shall prepare a report for Council's consideration of the extended leave. v. Member on pregnancy or paternity leave is exempt from attending meetings of Council and any other Committee to which the Member has been appointed. vi. Members shall still receive all Council Agenda packages. vii. Member on pregnancy or paternity leave shall participate in events, conferences, committee meetings, constituent meetings or respond to communications at the level they determine, utilizing an out of office email feature to identify they are on leave, the level of service offered and an alternate contact if required. viii. Members of Council on pregnancy or paternity leave shall continue to receive all remuneration afforded to regular Members of Council. ix. Members of Council on pregnancy or paternity leave shall continue to have access to all equipment supplied to a regular Member including but not limited to information technology equipment, account access and staff support. 33. Administrative Authority of CAO/Clerk (a) The Clerk is authorized to amend By -Laws, Minutes and other Council and Committee documentation for technical, typographical or other administrative errors or omissions for the purpose of ensuring an accurate and complete record of proceedings. 34. Organization of Committees (a) The Warden shall recommend and Council shall appoint representatives from within their membership to various committees/boards/agencies at the first Meeting in December of each year. (b) A Meeting of any Committee may be called by the Chair thereof whenever a Meeting is considered necessary by at least a majority of the Members of such committee and it shall be his or her duty to call such Meeting in writing. (c) All Members of Council shall be appointed to at least one position on any Committee, Board or Agency. (d) All Members of Council are equally eligible to serve on any Committee, Board or Agency. 33 117 Procedural By -Law Amendments By -Law 18-xx (e) Any member attending at any Meeting of a Committee, Board or Agency shall not be entitled to additional compensation but shall be entitled to reimbursement of travel expenses. 35. Ad Hoc or Special Committees (a) Council may at any time, on Motion of a Member duly considered and agreed to and/or the affirmative, strike a Committee, Quasi -Judicial Board, Ad Hoc Committee and/or Steering Committee, as the case may be shall consider and report on any matter or to perform any special service within the spheres of jurisdiction of Elgin County, pursuant to the Act. Unless specifically provided for in this By -Law, such Committee shall dissolve as soon as the services for which that Committee was appointed are performed. Council may appoint an Ad Hoc or Special Committees if an issue must be addressed and it does not fall within the scope of management staff. (b) For every Committee and Quasi -Judicial Board established by Council, Council shall adopt terms of reference and these terms of reference shall be reviewed with each term of Council and prior to any new Committee appointments. (c) The terms of reference adopted by Council must include the: i. Composition of the Committee including term of office for lay appointments if the term does not coincide with the term of council; Committee mandate; iii. Specific duties, including delegated duties (if any); and iv. Requirement for a term report to provide a status update on the activities and accomplishments of the Committee. (d) The powers and duties of established Committees, Ad Hoc Committees and Steering Committees shall be pursuant to this By -Law, giving direction but shall not include the decision-making authority of Council, pursuant to the Act, except in the case of a Quasi - Judicial Board, or as otherwise explicitly provided for in this By -Law. (e) Unless Council specifically sets out in this By -Law, or unless legislation provides otherwise, the term of office for Member appointments to Committees shall coincide with the term of Council. (f) Unless the terms of reference or legislation provides otherwise, the term of office for lay appointments to Committees shall coincide with the term of Council or until their successors are appointed. (g) A majority of the Members of a Committee is necessary to constitute a Quorum. (h) All decisions of Committees, Ad Hoc Committees and Steering Committees shall be in the form of recommendations to Council, except as otherwise explicitly provided by Council resolution and/or By -Law striking the Committee and shall be forwarded by the Secretary to the CAO/Clerk for inclusion in the Agenda of the next Meeting of Council. (i) An employee of the County shall be the Secretary of the Committee, Quasi -Judicial Board, Ad Hoc Committee or Steering Committee and shall act as a resource person in a non- voting capacity. 34 118 Procedural By -Law Amendments By -Law 18-xx 36. Committee Vacancies/Appointments (a) Committee/board/agency vacancies, which occur during the year, shall be filled by Council and in respect thereof, persons serving on local Boards or Committees shall be eligible for re -appointment, but shall not be eligible for re -appointment to the same position for a period of more than eight (8) consecutive years. After an absence of not less than one (1) year, such person shall be eligible for re -appointment. 37. Other Committees/Board/Agencies The following sets forth the permanent Boards and the numbers and identity of appointees. Committee Appointees Dispute Resolution 2 Members + Warden Elgin County Museum 1 Member Southwestern Public Health 2 Members Health Recruitment Partnership 1 Member Human Resources Committee as needed 2 Members Joint Elgin/Central Elgin Accessibility Advisory Committee 1 Member Building Committee(s) 3 Members + Warden (per project) Rural Initiatives Committee 3 Members St. Thomas -Elgin Public Art Centre 1 Member Waste Management/Liaison All Members of Council Water Advisory Committee 1 Member Land Division — Council shall appoint a seven (7) Member Land Division Committee, one Member from each constituent municipality, who shall individually hold office during the term of the Council that appointed them. 38. General Rules for All Committees (a) Any Member of Council or Committee may be placed on a Committee notwithstanding the absence of such Member at the time of their being named on such Committee. (b) The Warden shall be a Member ex -officio of all Committees of Council as required and may vote on all questions before the Committee and the ex -officio Member shall be counted in the formation of a Quorum. (c) Members of Council or Committee may attend the Meetings of any of its Committees, but shall not be allowed to vote, nor should they be allowed to take part in any discussion or debate, except with the permission of the majority of the Members of the Committee. (d) Council may appoint a Member thereof to act on any Committee or Meeting in lieu and during the absence of any Member thereof, who is absent from the municipality, or unable from illness to attend the Meetings of such Committee, and the Member so appointed shall be deemed a Member of the Committee and entitled to act thereon, only during such absence or illness. 35 119 Procedural By -Law Amendments By -Law 18-xx (e) Should any Member of a Committee fail, neglect or refuse to attend the properly summoned Meetings of their Committees, the Chair shall report such failure, neglect or refusal to Council, which may remove the said Member or Members from the Committee and appoint another Member in their place or places; or should any Committee neglect or refuse to give due attention to all business or matters before them, Council may by resolution discharge such Committee and appoint another in its stead. (f) A majority of all Members of the Committee shall constitute Quorum. 39. Duties of Committees (a) Without limiting the generality of the foregoing, the duties of Committee of Council will more specifically include: the general duties of the Committees of Council shall be to report to Council from time to time, whenever desired by Council and as often as the interest of the County may require, on all matters concerned with the duties imposed on them respectfully, and to recommend such action by Council in relation thereto as may be deemed necessary. ii. to cause to be prepared and introduced into Council all By -Laws as may be necessary to give effect to such of their reports or recommendations as are adopted by Council. iii. to consider and report on any and all matters referred to them by Council of the Warden and every such report shall be signed by the Chair submitting the same. iv. to comply strictly with the transaction of all business to the rules prescribed in this By - Law. 40. Money Appropriations, Accounts, Expenditures, Contracts and Improvements (a) No Member of Council shall have power to direct or interfere with the performance of any work of the County Corporation. 41. Repeal or Amendment of this By -Law (a) This By -Law is not to be amended or repealed except by a majority vote when all Members of Council are present. (b) No amendment or repeal of this By -Law is to be considered at any Meeting of Council unless Notice of the proposed amendment or repeal has been given at a previous regular Meeting of Council. 42. Convention Attendance (a) County Councillors shall be permitted to attend any convention or conference in accordance with the established convention policy, provided the said convention or conference is relevant to the business of the County, subject to a maximum allowance. 43. Public Record (a) All communications that the CAO/Clerk receives about a matter on the agenda of a public or open Meeting will form part of the public record. Personal information and opinions in 36 120 Procedural By -Law Amendments By -Law 18-xx communications are part of the public record unless the author of the communication requests the removal of his or her personal information when submitting it or when otherwise confirmed by the CAO/Clerk. 44. General Provisions (a) The rules and regulations contained herein shall be observed in all proceedings of Council or Committee and shall be the rules and regulations for the order and dispatch of business in Council and in the Committees. (b) Notwithstanding that set forth in subsection (a) above, the rules and regulations contained herein may be suspended by vote of two-thirds of the whole Council and otherwise in any case for which provision is not made herein. (c) That all newly -elected Mayors and Deputy Mayors to become Members of Council to be invited to attend upon Council proceedings at a November Session immediately preceding the commencement of their terms of office. 45. Conflict with the Municipal Act (a) In cases where the Rules of Procedure conflict with the Act, the Act shall prevail. 46. Severability (a) Each provision of this By -Law is distinct and severable. If any provision of this By -Law, in whole or in part, is or becomes illegal, invalid, void, voidable or unenforceable in any jurisdiction by order of any court of competent jurisdiction, the illegality, invalidity or unenforceability of that section, in whole or in part, will not affect: i. The legality, validity or enforceability of the remaining provisions of this By -Law, in whole or in part; or ii. The legality, validity or enforceability of that section, in whole or in part, in any other jurisdiction. ENACTED THIS 16th DAY OF OCTOBER, 2018. 37 121 APPENDIX C COUNTY OF ELGIN By -Law No. 11-06 "TO REGULATE THE PROCEEDINGS IN THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE COUNTY OF ELGIN AND COMMITTEES THEREOF, AND TO REPEAL BY-LAWS NO. 02-37,03-33 AND 07-36" WHEREAS pursuant to Section 238 of the Municipal Act, 2001, S.O. 2001, Chapter M.45, as amended, every municipality shall pass a procedure by-law for governing the calling, place and proceedings of meetings; and WHEREAS the Council of the Corporation of the County of Elgin did pass By -Laws No. 02-37, 03-33 and 07-36 and amendments thereto, in order to make and establish rules and regulations for governing the proceedings of the Council; and WHEREAS it is necessary to update the procedural by-law and repeal previous by- laws to comply with amendments to the Municipal Act, 2001, S.O. 2001. NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: 1.0 DEFINITIONS In this By -Law - a) Ad Hoc or Special Committee means a committee established by the Council to review a specific matter and report to the Council with respect to its findings and/or recommendations; b) Committee means any advisory or other committee, subcommittee, or similar entity composed of one or more members of Council; c) Committee of The Whole means Members of the Council sitting as a committee to facilitate discussion by using less restrictive rules than those used in the formal meeting of the Council; d) Ex -Officio means by virtue of office or position and carries with it the right to participate fully in the committee meeting and to vote unless prohibited by law; e) Meeting means any regular, special, committee or other meeting of the Council; f) Member means a Member of the Council and includes the Head of the Council. g) Presiding Officer means the Head of Council or other person presiding over a meeting; h) Quorum means a majority (more than 50%) of the whole number of members required to constitute the Council. i) Special Meeting means a meeting not scheduled or held at a regularly scheduled date and time. 2.0 RULES AND REGULATIONS In all the proceedings had or taken in the Municipal Council of the Corporation of the County of Elgin, the following rules and regulations shall be observed, and shall be the rules and regulations for the order and dispatch of business in the said Council. 2.1 In all unprovided cases in the Proceedings of the Council or in Committee, "Robert's Rules of Order" shall be followed. 1 122 3.0 MEETINGS AND ADJOURNMENT 3.1 The First or Inaugural Meeting of the Council, after a regular election and the first meeting of each subsequent year of its term, shall be held at 7:00 P.M. on the second Tuesday in December, and for every other day or sitting in the meeting, such hour shall be regulated at the previous adjournment or recess. 3.2 The Regular Meetings of the Council shall be held in the Council Chambers of the Elgin County Administration Building, 450 Sunset Drive, St. Thomas, ON, or other designated location, at 9:00 A.M., on the second and fourth Tuesday of each month. 3.3 Council may, by Resolution, alter the date and/or time of the Regular Meeting provided that adequate notice of the change is provided to local media and posted on the County website. 3.4 Unless there shall be a quorum present within thirty (30) minutes after the time appointed for the meeting of the Council, the Council shall then stand absolutely adjourned until the next regular hour of meeting, and the Chief Administrative Officer or designate, if required by two members, shall take down the names of the members present at the expiration of such thirty (30) minutes. 3.5 The Council shall always recess/adjourn at 12:00 noon, and 6:00 P.M., if in meeting at these hours, unless otherwise determined by a resolution, but shall always adjourn at 10:00 P.M. 3.6 The members of the Council shall not leave their places on adjournment, until the Warden or other Presiding Officer leaves the Chair. 3.7 a) All meetings shall be open to the public. Persons may only be excluded when the Council is in Committee Of The Whole and proceeding in a Closed Meeting in accordance with Section 9.6 of this By -Law and Section 239 of the Municipal Act, 2001. b) Special Meeting: i) The Warden may, at any time, summon a special meeting. ii) The Warden shall summon a special meeting upon receipt of a petition of the majority of the Council members, for the purpose and at a time and date mentioned in the petition. iii) In the absence of the Warden or the neglect or refusal of the Warden to convene such a meeting, the Chief Administrative Officer or designate shall call a special meeting. 4.0 NOTICE 4.1 The Agenda shall be considered as notice of regular meetings and By -Law 07-29, being a by-law to establish a policy respecting the manner in which notice will be provided shall be utilized. 4.2 The Clerk shall cause to be delivered to each member of the Council by personal delivery, or electronic mail, an Agenda for each regular meeting of the Council to the address provided by the member of the Council. The Agenda of the regular council meeting shall be provided on the Thursday preceding each meeting. 4.3 Notice of a Special Meeting called in accordance with this by-law shall be delivered to the Members of the Council by means of personal delivery, or electronic mail to the address provided by the member of the Council. The Notice of a Special Meeting shall be provided not later than twenty-four (24) hours before the hour appointed for the holding of such meeting. Where time is of the essence, notice may be given by telephone call to the members. 4.4 No business except the business dealing directly with the purpose mentioned in the Agenda shall be transacted at a special Meeting. 2 123 4.5 Notice of meetings will be sent to the media upon request and posted on the County website but no sooner than four (4) days in advance of the meeting. 4.6 Agendas for the Council will be released to the public and the media upon request and posted on the County website but no sooner than four (4) days in advance of the meeting. 4.7 Reports or actions before the Council that requires enactment of a by-law, with notice, shall be subject to the terms of the "Provision of Notice By -Law". 5.0 ROLE OF THE WARDEN It is the role of the Warden as Head of Council: a) to act as Chief Executive Officer of the municipality; b) to preside over Council meetings so that its business can be carried out efficiently and effectively; c) to provide leadership to the Council; d) to represent the County at official functions; e) to carry out the duties of the Head of Council under any other Act; f) to provide information or recommendations to council to ensure that administrative policies, practices and procedures are in place to implement the decisions of council. 6.0 ROLE OF THE COUNCIL a) to represent the public and to consider the well-being and interests of the County; b) to develop and evaluate the policies and programs of the County; c) to determine which services the County provides; d) to ensure that administrative policies, practices and procedures and financial policies, practices and procedures are in place to implement the decisions of the Council; e) to ensure the accountability and transparency of the operations of the County, including the activities of the senior management of the County; f) to maintain the financial integrity of the County; g) to carry out the duties of Council under any Act. 7.0 ORDER OF PROCEEDINGS IN COUNCIL 7.1 As soon after the hour of meeting as a quorum is present, the Warden shall take the Chair and members present shall be called to order. 7.2 When the Warden is not in attendance, the Chief Administrative Officer or designate shall call the meeting to order until a Deputy Warden is chosen, and the member so chosen to preside shall take the Chair during the absence of the Warden, but only at the meeting for which the member has been so chosen. 7.3 Immediately after the Warden or other Presiding Officer has taken his seat at the first day of each meeting, the minutes of the preceding meeting as mailed to each member shall be adopted as printed or amended and signed by the Warden and the Chief Administrative Officer or designate. 7.4 When two or more members wish to speak to a question or motion, the Warden shall name the member who is to speak first. 7.5 When the Warden or other Presiding Officer is putting the question, no member shall walk across or out of the room, nor interrupt the speaker, except to a question of order, nor pass between the speaker and the Chair. 3 124 7.6 Any member called to order shall at once cease speaking, unless permitted to explain, and the ruling of the Warden or other Presiding Officer shall be final, unless otherwise decided by the Council on an appeal from such ruling. 7.7 No member shall speak disrespectfully of any person or use unparliamentary or offensive language in or against the Council or against any member, staff or other person in the Council Chamber. 7.8 No member shall partake of food in the Council Chamber while the Council is meeting. 7.9 No member shall speak beside the question in debate. 7.10 Any member may require the question or motion under discussion to be read at any time during the debate, but so as not to interrupt a member while speaking. 7.11 No member shall speak more than once on the same question, until all other members have had the opportunity to speak to the question. 7.12 After a motion is passed, or a report adopted, no motion to alter or amend the same shall be considered during the same meeting of the Council, unless the motion to alter or amend is moved and seconded by two members from among those who voted with the majority that carried said motion or report 7.13 Upon a division of any question before the Council, except Committee Of The Whole in a Closed Meeting, and if required by any member of the Council, the names of those voting on the matter before the Council shall be recorded YEA or NAY as the members vote on the question. All members present during a division must vote. 7.14 Questions under the proper Orders Of The Day may be put to the Warden or other Presiding Officer, or through him to any member of the Council, relating to any motion, or other matter connected with the business of the Council or the affairs of the County, but no argument or opinion is to be offered, nor any facts stated, except as may be necessary to explain the same; and in answering any such questions a member is not to debate the matter to which the same refers. 7.15 Members of the Council, except the Warden, shall be referred to as County Councillors. 7.16 At any time when a vote, taken by a show of hands, is unclear as to the outcome, the Warden or other Presiding Officer may request the members to stand to indicate their YEA or NAY. 7.17 Upon a tie vote on any question, by a show of hands, a recorded vote shall then be taken. 7.18 Upon a tie recorded vote the question shall be considered a defeated motion. 8.0 AGENDA/ORDERS OF THE DAY 8.1 The Chief Administrative Officer or designate shall have prepared an agenda of the Orders Of The Day, containing: Regular Meeting 1 st Meeting Called to Order 2nd Adoption of Minutes 3rd Disclosure of Pecuniary Interest and the General Nature Thereof 4th Presenting Petitions, Presentations and Delegations 5th Motion to Move into Committee Of The Whole Council 6th Reports of Councillors, Outside Boards and Staff 7th Council Correspondence 4 125 i) Items for Consideration ii) Items for Information (Consent Agenda) 8th Other Business: i) Statement/Inquiries by Members ii) Notice of Motion iii) Matters of Urgency 9th Closed Meeting Items 10th Recess 11th Motion to Rise and Report 12th Motion to Adopt Recommendations from the Committee Of The Whole 13th Consideration of By -Laws 14th Adjournment 15th Public Notice. Inaugural Meeting 1St Meeting Called to Order 2nd Receipt of Declaration of Acclamation to Office or Declaration of Election from Councillors (the first year only after a municipal election) 3rd Declaration of Office by Councillors (the first year only after a municipal election) 4th Election of Warden 1) Candidates for Warden to Stand 2) Prospective Candidates to Speak (alphabetical order) 3) Proceed with Election (Ballot or Resolution) 5th Administering and Signing of Declaration of Office 6th Gowning 7th Presentation by Past Warden — Chain of Office — Lord Elgin Watch — Gavel of Office 8th Warden's Address 9th Resolution to Destroy the Ballots (if required) 10th Adoption of Minutes 11th Warden to Recommend Committee and Outside Boards Appointments 12th Consideration of By -Laws 13th Other Business: i) Statements/Inquiries by Members ii) Notice of Motion iii) Matters of Urgency 14th Recess. Matters of Urgency/Addendum to Agenda When a Councillor wishes to inform the Council of a matter that must be considered immediately, due to extreme time constraints or utmost importance, after the Agenda has been prepared, the Council by majority vote shall determine if the matter is admissible and requires immediate action and such item may be included as an Addendum to the Agenda without prior Notice being given. OTHER BUSINESS: a) Statements/Inquiries by Members When a Councillor wishes to inform the Council of a matter that does not require action and consideration by the Council or wishes clarification of a matter, such information may be announced under "Statements/Inquiries by Members". It is understood that these announcements are made solely for Council's information and that under no circumstances shall the Council undertake an action within this category. 5 126 b) Notice of Motion Notice of Motion shall be received by the Chief Administrative Officer or designate at any time the Council is meeting and in his office in advance of the production and distribution of the agenda material and shall be printed in the agenda. A Notice of Motion shall be dealt with by the Council, at the meeting at which it appears printed in the agenda. A Notice of Motion that is not printed in the agenda shall be dealt with in the order of business of motions at any subsequent meeting of the Council. 8.4 The business shall, in all cases, be taken up in the way in which it stands upon the Orders Of The Day, unless otherwise determined by a vote of the majority of the members present taken without debate thereon. 8.5 All motions shall be seconded before being debated or put to vote; and all motions shall be read and then conveyed to the Warden, who may again read the same. 8.6 After a motion has been received by the Warden or other Presiding Officer, it shall be deemed to be in possession of the Council, but may be withdrawn at any time by consent of a majority of the members present. 8.7 A motion to refer the main motion to staff or an outside board shall preclude all amendment of the main question until decided. 8.8 A motion to adjourn shall always be in order unless a vote is being taken. 8.9 A motion to table is always in order and will supersede the main motion. 8.10 All amendments shall be put in the reverse order in which they are moved; and every amendment submitted shall be decided upon or withdrawn before the main question is put to vote. 8.11 There shall not be more than two (2) amendments to the main question. 8.12 Not more than one (1) amendment shall be allowed to either amendment. 8.13 After any question is finally put to vote by the Warden or other Presiding Officer, no member shall speak to the question, nor shall any other motion be made until after the result is declared. 8.14 Whenever the Warden or other Presiding Officer is of the opinion that a motion offered to the Council is contrary to law, or the rules and privileges of the Council, he shall apprise the members thereof immediately. 8.15 Members shall always take their places when any division is called. 8.16 When the Warden or other Presiding Officer is called on to decide a point of order or practice, he shall state the rule or authority applicable to the case. 9.0 PROCEEDINGS IN COMMITTEE OF THE WHOLE AND IN CLOSED MEETINGS When the Council wishes to consider a subject(s) with all the freedom granted an ordinary committee, it may refer the matter to Committee Of The Whole. Members may speak more than once to the same question and the limitations on length of speaking, if any, are relaxed. 9.1 Whenever it shall be moved and carried that the Council go into Committee Of The Whole and in a Closed Meeting, the Warden or other Presiding Officer may leave the Chair, and appoint a Chair, who shall maintain order in the Committee. 6 127 9.2 The rules of the Council shall be observed in Committee Of The Whole, so far as may be applicable. 9.3 The Chair, subject to an appeal to the Council, shall decide questions of order arising in Committee Of The Whole, and if any sudden disorder should arise in the Committee, the Warden or other Presiding Officer will resume the Chair, without any question being put. 9.4 On motion in Committee Of The Whole in a Closed Meeting to rise and report, the question shall be decided without debate. 9.5 The only motions allowed while in a Closed Meeting are- a) motion to rise without reporting b) motion to rise and report 9.6 Exclusion of Persons from Committee and the Council at Closed Meetings: a) Pursuant to Section 239, of the Municipal Act, when a motion to proceed in a Closed Meeting is carried, the Warden or the Chair may, with the approval of the Council, exclude such persons as deemed appropriate from the meeting room. b) When in a Closed Meeting, no one shall leave and re-enter the meeting room without the approval of the Warden or Chair. c) A meeting or part of a meeting may be closed to the public if the subject matter being considered is: i) the security of the property of the municipality or local board; ii) personal matters about an identifiable individual, including municipal or local board employees; iii) a proposed or pending acquisition or disposition of land by the municipality or local board; iv) labour relations or employee negotiations; v) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; vi) advice that is subject to solicitor -client privilege, including communications necessary for that purpose; vii) a matter in respect of which the Council, board, Committee of Council, local board, or other body may hold a closed meeting under another Act. d) A meeting shall be closed to the public if the subject matter relates to the consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act if the Council, board, commission or other body is designated as head of the institution for the purposes of that Act. e) A meeting may also be closed to the public if the following conditions are both satisfied: i) The meeting is held for the purpose of educating or training the members; and ii) At the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the Council, local board or committee. f) Clause 6.1 (b) of the Municipal Freedom of Information and Protection of Privacy Act does not apply to a record of a meeting closed under subsection (e), therefore the record of a meeting closed under education and training is a public record g) Before holding a meeting or part of a meeting that is to be closed to the public, a council or local board shall state by resolution the fact of the holding of the closed meeting and the general nature of the matter to be considered at the closed meeting. 7 128 h) Despite this section a meeting shall not be closed to the public during the taking of a vote, unless: i) subsection (c) or (d) permits the meeting to be closed to the public and if the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the municipality, or persons retained by or under a contract with the municipality. i) If a meeting is closed to the public, no resolution or record of the meeting shall disclose any information that the Head of an institution is not permitted to disclose under the Municipal Freedom of Information and Protection of Privacy Act. 10.0 CLOSED MEETING INVESTIGATION The Council has appointed a Closed Meeting Investigator to carry out Closed Meeting Investigations, upon request by any person, to determine whether the Council or a local board has complied with its Closed Meeting Proceedings or the Council's Procedural By -Law in respect of a meeting or part of a meeting that was closed to the public, in accordance with Section 239.2 of the Municipal Act. 11.0 READING OF BY-LAWS AND PROCEEDINGS 11.1 Every by-law shall be in printed or electronic form and introduced by the Chief Administrative Officer or designate and shall be adopted by the Council. 11.2 All By -Laws collectively shall be given first, second and third readings in a single motion, unless a Member wishes to discuss the contents of a by-law or a matter requires that the by-law receive first and second reading only and third reading at a future meeting, at which time the subject by-law shall be removed from the motion and dealt with separately. The headnote only of the by-law shall be read and a by- law shall not be enacted until it has received three readings. 11.3 After by-laws have passed, the Chief Administrative Officer or designate shall be responsible for their corrections should they be amended. 11.4 The Proceedings of every regular and special meeting shall be confirmed by by-law so that every decision of the Council and every resolution passed at that meeting shall have the same force and effect as if each one of them had been the subject matter of a separate by-law duly enacted. 11.5 All by-laws adopted shall be printed in the annual Proceedings of the Council. 12.0 PETITIONS, DELEGATIONS AND CORRESPONDENCE 12.1 Every petition, protest, or other written application intended to be presented to the Council, must be legibly written or printed on paper, and signed by at least one person, complete with their mailing address and telephone number. The Warden, in consultation with the Chief Administrative Officer, shall determine whether the delegation(s) request is suitable and appropriate for consideration by County Council. In determining the suitability, the Warden shall ensure that the request is within the County's purview and jurisdiction. 12.2 Every member presenting any petition, protest, or other written application to the Council, shall examine the same, and shall be answerable that they contain only relevant or proper matter, and that the same is respectful and temperate in its language; he shall also endorse thereon the name of the applicant and the substance of such application, and sign his name thereto, which endorsement only shall be read by the Chief Administrative Officer, unless a member shall require the reading of the paper, in which case the whole shall be read. 8 129 12.3 All petitions or other written communications received prior to the Council on any subject within the cognizance of any outside board shall, on presentation, be referred to the relevant outside board by resolution. Any matters arising subsequently shall be referred by the Warden without motion; and no member shall speak upon, nor shall any debate be allowed on the presentation of any petitions or other communications to the Council. 12.4 Any person or group of persons, wishing to address the Council, is required to make the necessary arrangements through the Chief Administrative Officer, at least eight (8) days prior to the date of the Council meeting. Written briefs shall be provided so that sufficient time will permit distribution to the members of the Council, prior to the said meeting. 12.5 Once a delegation has addressed the Council, no further request on the same issue will be entertained until written information is produced to the Council and it agrees that another visit is warranted. 12.6 A delegation shall be limited to a maximum of fifteen (15) minutes. 12.7 No more than four (4) delegations shall be scheduled to address Council at any regular meeting. 12.8 The Chief Administrative Officer or designate shall provide all individuals or groups, indicating that they wish to address the Council, with a copy of the appropriate section of the Procedural By -Law dealing with delegations. 12.9 The deadline for receiving correspondence is eight (8) days prior to a regular Council meeting. Correspondence received after the deadline may be forwarded to the Council by no later than the Friday preceding a regular Council meeting. Notwithstanding the deadline limitation, if an item must be dealt with due to an emergency situation or extreme time constraints, the item may be forwarded to the Council or be dealt with as an Addendum to the Agenda in accordance with Section 8.2 of this by-law. 13.0 ORGANIZATION OF COMMITTEES 13.1 The Warden shall recommend and the Council shall appoint representatives from within their membership to various committees/boards/agencies at the first meeting in December of each year. 13.2 a) All members of the Council shall be appointed to at least one position on any comm ittee/board/agency. b) All members of the Council are equally eligible to serve on any committee/board/ agency. c) Additional per diem pay shall not be permitted as Council's monthly stipend is intended to cover these costs. 13.3 Ad Hoc or Special Committees The Council may appoint Ad Hoc or Special Committees if an issue must be addressed and it does not fall within the scope of management staff. 13.4 Vacancies/Appointments Committee/board/agency vacancies, which occur during the year, shall be filled at the Council. 9 130 14.0 OTHER COMMITTEES/BOARDS/AGENCIES COMMITTEE NAME Dispute Resolution Economic Development and Tourism Advisory Elgin County Museum Advisory Elgin -St. Thomas Public Health Rural Initiatives Social/Entertainment St. Thomas -Elgin General Hospital St. Thomas -Elgin Public Art Centre Tillsonburg District Memorial Hospital Waste Management/Liaison APPOINTEES Warden + 2 Warden + 1 1 3 3 2 1 1 1 All members of Council Land Division - The Council shall appoint a five (5) member Land Division Committee who shall hold office during the term of the Council that appointed them. Persons serving on local boards or committees shall be eligible for re -appointment, but shall not be eligible for re -appointment to the same position for a period of more than eight (8) consecutive years. After an absence of not less than one (1) year, such person shall be eligible for re -appointment. 15.0 DUTIES OF COMMITTEES 15.1 The general duties of the Committees of the Council shall be to report to the Council at least annually, and as often as the interests of the County may require, on all matters connected with the duties imposed on them respectively, and to recommend such action by the Council in relation thereto as may be deemed necessary. 15.2 Reporting Appointees to committees/boards/agencies shall present a report on the activities at least once a year to County Council, in accordance with the following schedule: JULY St. Thomas -Elgin General Hospital Tillsonburg District Memorial Hospital SEPTEMBER Elgin St. Thomas Public Health OCTOBER St. Thomas -Elgin Public Art Centre Elgin County Museum NOVEMBER Land Division Committee Note: The Dispute Resolution Committee; Rural Initiatives Committee; Social/ Entertainment Committee; and Waste Management/Liaison Committee; meet on an infrequent basis, therefore scheduled reporting for these committees may not be required. Members may report to the Council at any time and more frequently if they wish. 10 131 16.0 SOCIAL/ENTERTAINMENT COMMITTEE (SEC) 16.1 The SEC shall be an Ad Hoc Committee of the Council consisting of two (2) Members of the Council, with the understanding that the workload will be divided, thereby not placing undue hardship on one Member. 16.2 The SEC shall oversee and implement all social arrangements concerning County functions, including, but not limited to the following: a) organizing and conducting the Warden's Banquet b) organizing hospitality rooms. 16.3 The SEC shall report to the Council from time to time as required. 16.4 The Administrative Service Department shall provide the Secretary/Coordinator for the SEC. 17.0 MONEY APPROPRIATIONS, ACCOUNTS, EXPENDITURES, CONTRACTS ANDIMPROVEMENTS 17.1 No member of the Council shall have power to direct or interfere with the performance of any work for the County Corporation. 18.0 ELECTION OF WARDEN 18.1 The Chief Administrative Officer or designate shall take the Chair at seven o'clock in the evening of the second Tuesday of the month of December in each year, or at such hour and on such day thereafter as the majority of the Members of the Council are present in the Council Chamber. 18.2 The Chief Administrative Officer or designate shall prepare ballots for each member with the names of the members written or printed thereon. 18.3 a) The Chief Administrative Officer or designate shall announce that any person aspiring to the position of Warden shall be granted an opportunity, not exceeding five (5) minutes, to address the Council. Candidates will address the Council in alphabetical order. 18.4 The Chief Administrative Officer or designate shall inform the members that he is ready to proceed with the election of one of their number to be Warden, unless only one member indicates his intention to run for the Office, in which case the election procedure is dispensed with in favour of a resolution appointing the Warden. 18.5 a) Voting shall be by secret ballot and balloting will continue until a candidate obtains a majority of votes. The Chief Administrative Officer or designate shall count the votes, in the presence of a representative of the County's auditing firm if in attendance. b) In the event there are more than two (2) candidates, the candidate receiving the lowest number of votes shall retire after each ballot. At no time shall the actual number of votes received by any candidate be announced, only the successful candidate's name. c) If two (2) candidates with the least number of votes are tied, then a tie-breaker ballot between the two lowest (tied) votes shall take place. d) By motion, the Chief Administrative Officer or designate shall be directed to destroy the ballots after the election has been completed. 18.6 For the purposes of electing the Warden, each member of County Council shall have one vote. 11 132 -12- 18.7 In the case of an equality of votes for Warden, the successful candidate shall be determined by the Chief Administrative Officer or designate placing the names of the candidates on equal sized pieces of paper in a box and one name being drawn by a person chosen by the Chief Administrative Officer or designate. 18.8 The Warden -Elect shall forthwith sign and declare and read aloud the Declaration of Office and, on completion thereof, he shall take the Chair. . r ■ - 11 -■ 19.1 A position of "Deputy Warden" shall be established on a rotating monthly schedule amongst all Councillors, and the Warden may request said Deputy Warden or any other member of the Council to represent him at social or other functions where the Warden is unable to attend. 19.2 Councillors attending a function as "Deputy Warden" shall be paid mileage at the same rate established for the use of personal vehicles for County business and any other eligible "out of pocket" expense that may occur. 20.1 County Councillors shall be permitted to attend any convention or conference in accordance with the established convention policy, provided the said convention/conference is relevant to the business of the County, subject to a maximum allowance as established by by-law for convention attendance. 21.0 GENERAL CLAUSES 21.1 No person shall be allowed to address the Council during the sittings of the Council without the permission of the Warden or other Presiding Officer. 21.2 He/she, his/her means that where the masculine pronoun is used, it includes the feminine pronoun where the context so requires or vice -versa. 21.3 This By -Law shall apply to the Council's local boards and committees where applicable. 21.4 THAT this By -Law comes into force and take effect upon passing. 21.5 THAT By -Laws No. 02-37, 03-33 and 07-36 and any previous by-law inconsistent with this by-law be and are hereby repealed. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 8T" DAY OF MARCH 2011. Chief Administrative Officer. 133 Dave Mennill, Warden. �arrrrrrafil<�1�pi m r REPORT TO COUNTY COUNCIL � +��e6 reY„4uur ka�+�auJar FROM: Julie Gonyou, Chief Administrative Officer/Clerk DATE: September 15, 2018 SUBJECT: Proposed Amendments to Elgin County Council's Policies Manual INTRODUCTION: A preliminary review of the Council Policies Manual was undertaken by CAO/Clerk and Director of Financial Services and more broadly by Management Team in an effort to provide suggestions to Council and to ensure policies and information contained within manual is up-to-date and relevant. Regularly reviewing policies and procedures ensures Elgin County is up to date with regulations, technology and best practices. It is imperative that the Policies Manual review and update be completed concurrently with a review of Council's Procedural By -Law in advance of the next term of Council. In some cases, the Procedural By -Law informs Council's Policies Manual and vice versa. The purpose of this report is to encourage a review of Elgin County Council's Policies by County Council and to receive direction for staff. ANALYSIS: Proposed amendments and supplementary comments prepared by the CAO/Clerk is attached hereto as Appendix "A". A marked -up copy of the current County Council Policies Manual is included as Appendix "B" and shows deleted items with a strikethrough and additional items in red text. CONCLUSION: The purpose of this preliminary review is to encourage Councillors to provide feedback and direction. Feedback and suggested changes identified by County Council will be incorporated into the revised Council Policies Manual and presented as a final draft to County Council on October 16, 2018. RECOMMENDATIONS: THAT the report titled "Proposed Amendments to Elgin County Council's Policies Manual" from the CAO/Clerk, dated September 15, 2018, be received and filed; and, THAT the CAO/Clerk be directed to incorporate any direction provided by Council as revisions to the Draft Council Policies Manual; and, THAT the CAO/Clerk be directed to provide a final draft Policies Manual for Council review and approval at the October 16, 2018 meeting. All of which is Respectfully Submitted Julie Gonyou Chief Administrative Officer/Clerk 134 APPENDIX A Proposed Amendments to Elgin County Council Policies Manual The following options will be presented to County Council for consideration following amendments to Procedural By -law - Relevant Section Reference and Suggested Revisions General Note: Insert Table of Contents and searchable sub -headings for ease of use; format should align with new Procedural By-law. Warden Cellular Replace "cellular telephone/Blackberry" with "cell phone" Replace Telephone/Electronic "devise" with "device" Update: Retiring Warden will return said equipment Communication Device to the County as soon as possible after completion/termination of their term for distribution to the new Warden, or at the discretion of the Director of Financial Services, may be retained due to the age or condition of the equipment. Chain of Office/Gown/ Note: No changes Lord Elgin Watch Mileage Note: New section — Mileage will be paid at the same rate as staff established for the use of personal vehicles for County business (2018 rate - $0.495 per km) Convention/Workshop/ Note: Revise heading to Conference, Workshop and Seminar Attendance, Seminar Attendance and remove reference to "Hospitality Rooms" Hospitality Rooms 1. Remove: "Council, through the budget process, may authorize the use of a hospitality suite. This shall be decided by Council not later than in October of the preceding year." 2. Warden rates for Conference, Workshop and Seminar attendance — no change. Election Reception Note: Suggested removal of "The County will provide and pay half, and the Warden shall pay half, of the cost of a wine and hors d'oeuvre reception after the Warden's Election each year" Remove: Should the Warden wish another type of reception, the arrangements would be made by and costs borne by the Warden. This doesn't work as the reception is immediately following the election. 135 Relevant Section Reference and Suggested Revisions Suggested Replacement: A reception will be held immediately following the Warden's Election each year. The County will also provide a Guest Book and purchase the liquor license. The Administrative Services Department will make the necessary arrangements for the reception. Official Statements Suggested: Add — statements concerning management, services and staffing shall be released by the Chief Administrative Officer. Photograph Note: No suggested changes. Proclamations Note: Remove, no longer needed Meeting Definition Note: Revise based on Council's approved amendments to the Procedural By-law for consistency. Remove: Reference to one-third tax free allowance Update: Warden's annual remuneration to $69,918 (approved starting amount for 2019 — inflationary increase pending) Update: "See Schedule "C""— reference to form has been deleted Council Asset Disposal Note: Remove: "is available upon request" and include policy. Bereavement Note: No suggested revisions Business Cards Note: No suggested revisions Code of Conduct Note: Revised Code of Conduct to be included. Coffee/Refreshment Note: No suggested revisions Committee Meetings Note: Revised based on Council's approved amendments to the Procedural By-law for consistency, add pursuant to Council's Procedural By-law" Convention Attendance Note: No suggested revisions 136 Relevant Section Reference and Suggested Revisions Correspondence Note: Revise based on Council's approved amendments to the Procedural By-law for consistency, add pursuant to Council's Procedural By- law. Council Photograph Note: Remove reference to "Seconds -In -Command" Councillor Orientation Note: More than one Orientation Session will likely be held - this section needs revising as a result. County Council Dress Code Note: Ensure this aligns with the Revised Procedural By-law Corporate Branding Suggested New Initiative: Members of Council and staff may purchase County items such as County-logoed clothing, at cost, and other persons will be charged cost plus 10%. An allowance of up to $300 for the Warden and $200 for members of Council and County Directors will be provided once per term for the purchase of County-logoed clothing. County Crests and Ties Note: Should be combined with "County Council Dress Code" and "staff members shall not be provided with a tie or crest until their probationary period has been fulfilled" should be removed. County Rings Note: No suggested change. Distribution of Literature Note: No suggested change. from Outside Agencies Elgin Municipal Association Note: No suggested change. I Pads or Other Electronic Note: Suggested changes to be less specific — remove "iPads or Other" Devices and "iPAD and keyboard or other" Meals Note: Should be expanded to include Special, Emergency, Workshops and Orientation Meetings to align with amendments to Procedural By-law. Pocket Greeters Note: Remove — Business cards are provided for in another section Purchasing Note: Remove "Procurement Policy is available upon request" and include policy. 137 Relevant Section Reference and Suggested Revisions Remuneration Note: Revise based on Council's approved amendments to the Procedural By-law for consistency. Remove: Reference to one-third tax free allowance Update: Council's annual remuneration to $25,607 (approved starting amount for 2019 — inflationary increase pending) Update: "See Schedule "C""— reference to form has been deleted Reports Note: No suggested changes Resolutions Add to number 1. "unless otherwise directed by County Council" Retirement Gift Note: No suggested changes Warden's Recognition Note: Rename this section to "Warden's Banquet" Note: Remove reference to Social/Entertainment Committee and replace with Administrative Services and the Warden. Note: Replace "programme" with "program" Note: Change "participation in the programme by each County Councillor" to "participation in the program by members of County Council" Update: Discuss whether this is still relevant -- numbers of attendees Warden invites (26) or consider changing to "as appropriate within the established budget"? Update: Include dedicated budget and planning is unique to the Warden and is planned by both the Warden and Administrative Services Department. Update to include tickets for Dept. Heads and guest. CAOs from lower -tiers as complimentary. Finances Note: Requires updating — remove reference to "grants" - Rural Initiatives Committee is now responsible for grants. Outside Boards Note: No changes to "appointments" section. Note: Changes required to "Land Division Committee" to align with amendments to Procedural By-law. 138 Relevant Section Reference and Suggested Revisions County Logo and Note: Remove "Bookends, plates, glasses, or other recognition items" Recognition Items Note: Remove "Student Initiatives" Note: No changes to "Crest" Note: Remove "New" and heading becomes "County Logo and Visual Identify Standards" (include Visual Identity Standards) Note: No changes to "County Flag" Note: No change to "Lapel Pins and Pens" Note: Remove "Purchases" and referenced Schedule "F"— no longer relevant Schedule "A": Standard Note: Remove Kilometres Travelled Schedule "B": Warden & Note: Remove Councillor Conventions/Seminar/Work shop Expense Claim Form Schedule "C": Councillor's Note: Remove Claim for Travel Schedule "D": Warden's Note: Remove Claim for Travel and Expenses Schedule "E": Code of Note: Replace with revised Code of Conduct Conduct Schedule "F": County Items Note: Remove Which May Be Purchased To ensure ease of access to Corporate Policies, the following will be included: 1. Asset Disposal Policy 2. Procedural By-law 3. Procurement Policy (once updated) 4. Grants Policy 5. Visual Identity Standards 139 APPENDIX B ELGIN COUNTY COUNCIL POLICIES MANUAL WARDEN CELLULAR TELEPHONE/ELECTRONIC COMMUNICATION DEVICE The Warden shall be provided with a nolle 1I -Ar tP-IePh9Rei9IaGkbeFFy c IIII Dlhone or other electronic devise devlice approved by Information Technology for business use. Personal use is subject to County Policy. The deyino c h ill be returner! to Ir,fnrm-atinr, Tonhr,nlni y at the Ptk�` A%zer- IlliuJng Warden wHHl returnd eqUprnenl to Uhe Counly DossHzfle aftera II�DIe[li iii/l u,u liuiiialli ui of Hh 61, lerim for lsti,lilhsullon to His new Warden, or a[ His screllion of His Ih::: lireclor fIh::liJnan6l4l Servlces, u ay Ih,)e rela un due to Ule age or con6l�on of His eqUpimenl CHAIN OF OFFICE/GOWN/LORD ELGIN WATCH The Warden is authorized to use his/her own discretion as to whether the traditional Chain of Office, Gown, or Lord Elgin Watch will be worn at meetings of Council, other than at the time of election to Office, or other events or occasions as warranted. IVIII IIL........ IIII 'AG III'' %eage wHHl h,)e MDalid at His au urate as staff esta�,fll§hed for Uhe use of IlD usonall v6hl6es for unly Ih) u n (2018 rate ... $0 495 per Ilku ). CONVENTION/WORKSHOP/SEMINAR ATTENDANCE AND HOSPITALITY ROOMS 1. The Warden may attend any number of conventions/workshops/seminars or conferences, provided the said convention/conference/workshop/seminar is relevant to the business of the County and does not exceed budget allocations. CGURGil,thFG61g„ the b6ldget-pFeeess, may aa rimthe „so ^f a hespitaait, suite. This shall be decided by Council not later than in October of the preceding year. 2. The Warden shall be paid the following rates for attending conventions/conferences/ workshops/seminars- a) Registration fee, approved expenses and standard travel from St. Thomas to the convention site and return (See —gGhed, �I�), shall be paid at the same rate established for the use of personal vehicles for County business. Whenever possible the Warden and delegates are encouraged to travel together in order to reduce costs. b) Accommodation, at the approved hotel rate, shall be reimbursed from receipts and limited to the actual number of days that the convention has sessions listed which the delegate attends. 140 c) A meal allowance of $75.00 per day, adjusted from time to time, will be paid, if not provided or included in the registration, and limited to the actual number of days that the convention has sessions listed which the delegate attends. d) Parking shall be reimbursed from receipts and limited to the actual number of days that the convention has sessions listed which the delegate attends. e) Claim for reimbursement of expenses shall be made on approved claim form flee d�B). Reimbursement shall be made as soon as possible after receipt of claim but will coincide with the next scheduled cheque run. ELECTION RECEPTION }�f, anld hnrc iJ rbi i iro roGep�R aftep flhe �cnv�uracrrarFEI�tivrreaGh year. " »"c »"p�11 lel fid/ I I,) »" �vr��-a-vca�vrcTcc`"'tt'"' rr-crr h6h6d u a ata fo�Howlng the airdd: in's Ih Iled;° lid; n ea6h year The County will also provide a Guest Book and purchase the liquor license. The Administrative Services Department will make the necessary arrangements for -A�e ^dhers d'p-;I reception. She b9FRe by the W;;rdpp sN-r�c-�� �-r�, v-a�rcrcrr. OFFICIAL STATEMENTS Statements concerning official policies of County Council shall be released by the Warden only or a person named by the Warden (Chief Administrative Officer) to provide statements or information to the media. SlalerneinIs concernlng amanageimenl, seryand staffing §haHl h,)e nl a y' Ihly His Ihh of AdimlnslrallveOfficer Senior staff are encouraged to provide timely responses to media inquiries by providing factual information, subject to freedom of information provisions, as requested and subject to the Chief Administrative Officer's approval. PHOTOGRAPH After the Warden is elected, arrangements will be made for taking a photograph of the Warden in official attire. Two copies of the photograph will be purchased, one to be displayed in the Council Chambers and one to be given to the Warden. Copies will be supplied to the County in digital format for departmental use and for use by the media. I�tT_Tdll�l_7R1:T_flft[!1!L'i!. _ .I�T�T■ MEETING DEFINITION the G � iIRGil vemmi#ee—eS Lu Sub Comm;tt�� 'll" !Liant to 1111 ection 1 of CoLiin&H1'ls l m m"w m m III III III11 mZ%f .II n %AS :n 6' 11110 9%9%li III 0°f!"n u u n z nin awninil° %A/11 -n ur 'iii n 111-v i ^'iii n cc 'iii^°IIhirmirvnc r lIlea °F ur ninw regUar or spe64l IIDurIIS Ih,)y His uncill or II aII )oard, or a coiimiimlillee or ulL) coiimiimlillee of 6H,ier of Ilh ei , as Uhle case a ay Ihl , wIhere, (a) a quoruim of ameimL)ers Is Ipresenl, and (L)) 141 umeimL)ers 6scussr oHheiWse deaII wIHh any a atter in a way Hhatrnaterl4Hy advances Hi hzw§ness or deb§ n u ally ng of Uhe CouncH, II aII )oard or coiimiimlittee. Occasionally, the Warden may designate a Councillor to meet with staff or to attend meetings on behalf of County Council. These meetings are to be kept to a minimum. Iw=el i e- 0 114 1 ON lip. 1 011 �.M .1 ---- --- I--- 1 The following remuneration shall be paid to the Warden for attending meetings of the Council, committees/boards, and performing all other duties applicable to the Office: a) The Warden shall be paid an annual remuneration of, $52,255.11 (2919) $69,918 (approved tail( g arnounI for 2019 inHa onairy liuncur a IlDen6ng) to be paid monthly, with said stipend to include all meeting and incidental claims (telephone, paper, etc.) for all responsibilities including work associated with outside boards, meetings with ratepayers, etc. The above remuneration shall be automatically adjusted annually by the same percentage as is determined for non-union staff. b) In addition to the above remuneration, the Warden shall be paid the. s-a,ne. r for each kilometre necessarily travelled in attending meetings as established for the use of personal vehicles for County business and shall submit a monthly account to Administrative Services on the form provided (See 5 "C") and would receive payment on the next scheduled pay date. c) Monthly accounts for kilometres travelled for other than Council meetings shall be submitted to Administrative Services on the form provided (See SGh d �'�) and receive payment on the next scheduled pay date. d) The Warden shall be provided with a credit card upon which expenditures can be made applicable to the Office. All receipts must be signed by the Warden and submitted to staff to attach to the monthly billing. If receipts are not submitted, the Warden shall be responsible to reimburse the County for any unsupported costs. 142 ELGIN COUNTY COUNCIL POLICIES MANUAL COUNCIL ASSET DISPOSAL Periodically, equipment, furniture, supplies, materials and other County property (excluding land) will be deemed to be surplus and of no potential use for County purposes. The Asset Disposal Policy shall be followed in determining the disposition of property and is available upon request. I:i: 1VaF_\7/aI►VAIa110111 Flowers or a donation up to an amount of $100, as adjusted from time to time, will be sent, in the event of bereavement, for current Councillors, Department Heads, and their Spouses or Children; Past Councillors who served during the previous term; all Past Wardens and Past Department Heads; and Residents of County Homes. In addition, flowers or a donation may be sent to other persons who have had considerable dealings with the County, at the discretion of the Warden. BUSINESS CARDS Business Cards with the County Insignia/logo will be supplied to the Warden annually, denoting his/her year(s) as Warden, and to Councillors as requested. CODE OF CONDUCT A Code of Conduct has been established for the Warden, Council and Members of Outside Boards to establish guidelines for ethical and interpersonal standards of conduct (see SII II COFFEE/REFRESHMENT The County will purchase coffee or tea or other non-alcoholic refreshments for Council meetings and to be used by the staff in the Administration Building for business meetings. COMMITTEE MEETINGS All committee meetings shall be open to the public, except for Closed Meetings held in accordance with the Municipal Act or any other relevant Act IlD rsuanl to (ouunc;° 's r c ar II II:3�y...lf,...arc. CONVENTION ATTENDANCE 1. County Councillors shall be permitted to attend any convention/conference/workshop/ seminar in accordance with the established convention policy, provided the said attendance is relevant to the business of the County and is contained within approved budgetary limits. 143 2. Members of County Council shall be paid the following rates for attending conventions/conferences/ workshops/seminars. a) The per diem rate, (currently $150) registration fee, approved expenses and standard travel from St. Thomas to the convention site and return (see Schedule "A"), paid at the same rate established for the use of personal vehicles for County business. Whenever possible, Councillors are encouraged to travel together in order to reduce costs. b) The per diem rate of $150.00 (adjusted from time to time) shall be paid and limited to the actual number of days that the convention/conference/workshop/seminar has sessions listed which the delegate attends. c) Accommodation, at the approved hotel rate, shall be reimbursed from receipts and limited to the actual number of days that the event has sessions listed which the delegate attends. d) A meal allowance of $75.00 per day will be paid, if not provided or included in the registration, and limited to the actual number of days that the event has sessions listed which the delegate attends. The meal allowance is applied when staying at least one night, otherwise meals are reimbursed through receipt and actual cost. e) Parking shall be reimbursed from receipts and limited to the actual number of days that the convention has sessions listed which the delegate attends. f) Claims for reimbursement of expenses and per diem shall be made on approved claim forms (see Schedule "B"). Reimbursement shall be made as soon as possible after receipt of claim but will coincide with the next scheduled cheque run. g) The above provisions shall be subject to the payment of a maximum of $4,000.00 per member (excludes registration and travel), per calendar year, subject to adjustment from time to time. CORRESPONDENCE 1. The deadline for correspondence is eight (8) days prior to a regular Council meeting. Correspondence received after the deadline may be forwarded to the Councillors by no later than the Friday preceding a regular Council meeting. Notwithstanding the deadline limitation, if an item must be dealt with due to an emergency situation or extreme time constraints, the item may be dealt with as an Addendum to the Council Agenda, {see Sect .2-1 IID rsuanl to n6 ' II:Ircc raII II:3�y...lf....a . 2. No action will be taken on any unsigned and unsolicited correspondence received by County staff with said correspondence being destroyed immediately upon receipt. COUNCIL PHOTOGRAPH Arrangements will be made for taking the annual photograph of the Council, Department Heads and Seconds -In -Command. The photograph will be displayed in the hallway 144 outside Council Chambers and a copy supplied to the Council and appropriate staff at no charge. COUNCILLOR ORIENTATION Following the election of a new Council, a general Orientation Session for new Councillors will be held. The orientation would cover Council procedures and departmental operations and include topics such as departmental organization and functions, introduction of key personnel, tours of facilities, etc. COUNTY COUNCIL DRESS CODE The following dress code for County Council Members and Officials was adopted on May 25, 2010 and became effective on December 1, 2010: Council Members and Officials shall wear appropriate business attire for Council meetings (defined as semi -formal and not business casual - specifically dress shirt/blouse, jacket, dress pants or suit); Traditional attire shall be mandated at the Warden's Election, the Warden's Annual Banquet, the annual photo, and any other function as determined by the Warden. Members and Officials are also permitted to wear traditional attire at other functions, when not mandated by the Warden, at their discretion; An allowance of up to $200 will be provided (with receipts) once per term to each Council Member and Official required to wear traditional attire at aforementioned times for the purchase of said attire; The Warden, who by by-law is responsible for Council decorum, shall also enforce the dress code. CORPORATE BRANDING MeimL)ers of CouncHl and taff a ay Iljur6h ase Counly lileiims su6h as Counly...11 geed 6oHhng, at cost, and oHher persons lHHl hsc 6Ih arged cost IIjII 10%. Aug aIHowa ce of up to $300 for His Warden and 200 for ameimL)ers of CouncH and Counly Ih::: lirecl r lHHl hsc Iljrovlded once jer lerim for His Iljur6h ase of Counly...11 geed 6oHhling COUNTY CRESTS AND TIES County Crests and Ties, supplied to Councillors and Officials, are expected to last at least four (4) years. Anyone requiring a replacement prior to the end of the term will be required to purchase it at actual cost. Staff embersS„alll-;Q bePFGVid_P_d_IYith a ie ^r ^row+ until their prebatiGRary peried has been fi 1Ifilled COUNTY RINGS A gold County Wardens' Ring may be purchased by Wardens, past and present, and a standard gold County Ring may be purchased by Wardens, County Councillors and staff, past and present, at their cost, each available in men's and women's sizes. 145 DISTRIBUTION OF LITERATURE FROM OUTSIDE AGENCIES No person shall cause any printed matter to be circulated or posted on corporate property without obtaining the approval of the Department Head or the Chief Administrative Officer. ELGIN MUNICIPAL ASSOCIATION Past Wardens shall be recognized by the Elgin Municipal Association at the annual dinner meeting, and County Council shall provide complimentary tickets for the current Warden, Past Wardens and guest. OPAPS OR OTHER ELECTRONIC DEVICES 1. An Qin n ;;Pd ke yb aFd er A-ther electronic device as approved by Council shall be supplied for conducting County business such as receiving and reading County Council agendas, as determined by Information Technology and based on approved budgets. 2. Damaged and unrepairable equipment or lost electronic devices must be replaced — each member of Council is permitted one replacement per term at the County's cost. Subsequent losses or damage shall be replaced at the Councillor's or Warden's cost. 3. Retiring Councillors will return said equipment to the County as soon as possible after completion/termination of their term for distribution to the new Councillors, or at the discretion of the Director of Financial Services, may be retained due to the age or condition of the equipment. MEALS Councillors and appointed officials shall be provided with a meal, when appropriate during Council meetings. POCKET GREETERS A pocket -type greeter with the County Logo and the person's name and title will be supplied to the Warden, Council & Senior Staff. PURCHASING The Procurement Policy was established to standardize procedures to ensure fair and equitable practices for the procurement of all County goods and services and will be adhered to for all purchases made on behalf of the County. The Procurement Policy is available upon request. REMUNERATION as Uhe case iimay ��,)e, w�here, (a) a quoruim of meim�,)ers ��s Dresenl, and (,)) meimn�,)ers j6scu 146 r IlieiWi c deall wIUh any a atter in a way Uhat ater4y advances Ule w§ness or de6§i n u ally ng of UIh e Coun6, II aII Ih)oard or coiimiimlittee. Occasionally, the Warden may designate a Councillor to meet with staff or to attend meetings on behalf of County Council. These meetings are to be kept to a minimum. Occasionally, a Member designated by the Warden may be required to meet with staff or attend meetings on behalf of Council. These meetings are to be kept to a minimum and must have prior approval of the Warden. NNIN INWO P"! NNOWN-PINNINVIN-MM 2. The following remuneration shall be paid to each Member of County Council, for attending meetings of the Council and committees thereof: a) County Councillors shall be paid an annual h^^ ,m reirnuneraLon of $19,361-.54 (28a8-)- $25,607' (approved starfing au gun for y1" ....... linffaLi miry liuncurca c IlDcny' ng) to be paid monthly, with said stipend to include all meeting and incidental claims (telephone, paper, etc.) for all responsibilities including work associated with outside boards, meetings with ratepayers, etc. The above remuneration shall be automatically adjusted annually by the same percentage as is determined for non- union staff. b) In addition to the above remuneration, each Member shall be paid the. 'sa.m.e. re for each kilometre necessarily travelled in attending meetings as established for the use of personal vehicles for County business. c) Members of Council will reserd ulL)rnll their kilometres travelled for attending Council and other approved meetings en the fer ;a`'`"SGhedi Flo "D") and submit ro^^rd to the Administrative Services at the final Council(See meeting of each month, thereby being paid once a month on the next scheduled pay date. d) Councillors attending a function as "Deputy Warden" shall be paid kilometres travelled at the same rate established for the use of personal vehicles for County business. e) Councillors are permitted to claim kilometres travelled for attendance at ceremonial functions (i.e. official openings and sod turnings). f) Separate per diems for attending outside board meetings (i.e. Board of Health) shall not be permitted since the monthly 1nn/lr7rown n6l ureim unera on is designed to cover these obligations. RFPC)RTR All reports to Council will be presented by the author or alternate and shall include a recommendation for Council's consideration. 147 RESOLUTIONS 1. Where a resolution is endorsed, a reply is sent to the originating body only, regardless of the request for copies to be sent to others. 2. Where a resolution is filed or not endorsed, no reply is sent, it being felt that no response will indicate non-support. 3. In the event Council wishes copies of resolutions, etc., sent to other than the originating body, direction to this effect is incorporated into the recommendation. RETIREMENT GIFT Every retiring County Councillor shall receive a desk pen set or other suitable commemorative item with the County Crest affixed and a suitable plaque indicating the term held on Council. LM"TiM.■ � 0. a) Council shall host an annual banquet or recognition evening at which the Warden and spouse/guest shall be recognized for their achievements and contributions during the year. b) The banquet shall be arranged and by the membe.rs tet the SeGiam (`nmmi#ee l,)y iminislraLiv Serv�ces and Hie Warden with participation in the programmes by ear# members of County CouncHl G96IRG0119 . c) The timing of the banquet shall be near completion of the term as Warden (early November). d) The Warden may determine the location of the banquet if so desired; otherwise t#e 8GGi al1Cn+or+. iRMeR+ Gemmi++oo AdinslraLon shall decide in consultation with the Warden. e) The Warden may invite up to 26 family members and guests as complimentary. Additional invitations shall be at the-eesst eft -he `A' p apld_paid at the per ticket cost as determined by the SGGial/FP+orF;i.PrneRt (`nmmi++oo dimnsl"aLonl. Consider: number of attendees Warden invites (26) - still appropriate? Consider change to include "as appropriate within the established budget' Consider: Updating to include dedicated budget and planning is unique to the Warden and is planned by the Warden and Administrative Services Department. f) Past Wardens and Visiting Dignitaries shall be invited as complimentary guests. Department heads and guests shall be invited as complimentary guests. Other guests may be invited as complimentary as determined by the SGGi,u ERtPr+,inmon+ GemmottPP dimini lralion in consultation with the Warden. HM g) A recognition gift at a cost of up to $500 shall be chosen by the Warden or a watch with suitable engraving and a silver tray with suitable engraving and shall be purchased by the iminislraLi n. 149 ELGIN COUNTY COUNCIL POLICIES MANUAL FINANCES EXPENDITURES Departments are permitted to expend up to 75% of the previous year's budget in the following year, prior to the annual composite budget approval. 150 ELGIN COUNTY COUNCIL POLICIES MANUAL OUTSIDE BOARDS APPOINTMENTS Persons serving on local boards or committees shall be eligible for re -appointment, but shall not be eligible for re -appointment to the same position for a period of more than eight (8) consecutive years. After an absence of not less than one (1) year, such person shall be eligible for re -appointment. Any local board or committee to whom County Council makes appointments must receive Council's approval prior to anyone being appointed to a further board. LAND DIVISION COMMITTEE II a in d l)u v ilii in lih uncill §haHi app6n[ a seven (') a imL)e Ii an Il: lig §on CoiimiimVllee, one a imL)er from a6h IIocaIi a unli lipaIllity, Who IhaIIII hoId officeuiJing tihe terim of lih that a 14.E p 6u un a e d � l h e a i� u , 14.E a.,u it s ii.,u a an l to iilirocediui4i Ih 3 y... Ih.... aw App6nlimenlsto lihe Ih....and Ih::: lig §on Coiimiimfillee eine for a four (y.) year lerim and no one a imL)er wHH serve nger Nihau 6glht () consecuLve years clh eir applllicaLsll , umunl6palllLes eine encouraged .t aIternale noim un Duke every four (4) years 151 ELGIN COUNTY COUNCIL POLICIES MANUAL COUNTY LOGO AND RECOGNITION ITEMS CREST The original crest was designed for use as the corporate seal, to officially indicate the authenticity of documents. Subsequently, the Crest was incorporated for use on letterhead, cheques, and other items used by the County. The initial intent was for County purposes only and the use by other than the County proper should not be permitted. All County departments have been authorized to use the Crest for any County purposes. ^'� COUNTY LOGO AND VISUAL IDENTITY STANDARDS The use of the county logo is prescribed by the visual identity standards. COUNTY FLAG The County Flag shall be flown on the Administration Building. 2. The County Flag may be displayed in municipally -owned buildings or other facilities at the discretion of County Council. 3. One County Flag, complete with stand, shall be available for use upon request by outside organizations, with the approval of County Council. The request shall state the reason and location where the Flag shall be flown. 4. The County reserves the legal right to prevent continued use of the County Flag at its discretion. 5. The County Flag emblem cannot be used for commercial purposes without the expressed written permission of County Council. 152 6. Private purchase and use of the County Flag may be permitted, upon written application to County Council, who reserves the right to deny permission to purchase the Flag if there is just cause to believe that it will be degraded in any way and its dignity not upheld. 7. County Council shall have authority to specify whether the County Flag will be donated or the appropriate charge made. 8. Should the request, due to time constraints, need consideration prior to a regular meeting of County Council; the Warden shall have authority to make the appropriate decision. LAPEL PINS AND PENS 1. Five (5) County Lapel Pins will be supplied to the current Councillors, Department Heads and Seconds -In -Command annually. Additional pins may be purchased in minimum lots of five (5) pins. 2. Lapel Pins will be supplied to each new employee along with the first paycheque. 3. The Warden has authority to give out pins and pens. 153 MMOM -TEIMMMETM MM Nam 153 c TTAWA27-5 0 QVVEN SOUND ^�- PETERBOROUGH 64-5 PORT -SOLBOR N E ^� ,ST. GATHERINES SARN A 2- 45 S A IJ L T CTS NAAI71FE7-Q 0 STRATCORD 2 SUDBURY i0 i 4-0 THUNDER RAV 3,o TTJI""[C) NT(44 4 154 �IE•'f•'7 1N7.1 157 SCHEDULE "C" COUNCILLOR'S CLAIM FOR TRAVEL NAME (please print) MONTH(S) OF 158 SCHEDULE "D" ���YOF�tc WARDEN'S CLAIM FOR TRAVEL AND EXPENSES MONTH OF TAR�O 159 SCHEDULE "E" •_ •_FETON 1, _ R. IN „_ • _ „_ EMS 11 _ _ r r am it MON 1 11 _ • _ 11 _ Milli it MON • . 11 _ 1 I _ • IN . I 1 I _ it MON • . 11 _ 1 I _ I ON I I "Ovil • M-11141 _ 1 I _ ON. 160 MA Mr .1T R.l.E ��T.R I :T l 1 m r r. ra p.R r m � RS1 ■ _T.ETT. 11rrT: rar.T.:T.:7 E i T_T_m MA Mr .1 T RS9 :L1 I ■ :T.wr-1 � 1 e Me lip -. „_ e Me 161 _ - im Wo fw. 161 11 11. MFTMFW�M Ma 11 r 11 MFTMFW�M Ma rFe e ft 1�- � r r r r r � r ff Mir 2 IM 1 I 1 I 1 I 1 I rFe e ft 1�- � r ■ � r r r 162 and the Fight t -t-:4 -a.p eRvi.R9 P.m. e.pt th-at is safe -A.Pd- free "l -M lh-alr-assmelpt -alpd- d-.Oc-;r--rm.P:40..PR-t-.Ot:-4p. ------------ -. . r r 1 ------------ 163 r r 111 M- r • r IMINALMLLO 1 I 163 1 I - WWMA 'All A= �.- We A, All, A, A, 1 I A, All, All, - - 1 - - - - -All. All 1All. - Lee- -e-le, elp, - -3 1 • 11111616111 A A A A1 I - ft 1 I - ■ - r 1 I - ----J��Jl 1 I - 1 I - . IRA - 1 I - MAN A, 164 165 H. ., 165 A LD 166 CORRESPONDENCE — September 25, 2018 Items for Information (Consent Agenda) — (Attached) United Way Elgin Middlesex Thank you to County of Elgin. 2. Ross Whalls, informing County Council of his correspondence to Central Elgin re: his concerns for traffic flow on George St., Port Stanley when the Wastell Homes development goes ahead. 3. Secretary/Administrator, Elgin Group Police Services Board informing County Council of Police Services Board response to Donna and Norm Vick re: their concerns in regard to the speed of motorists on Centennial Avenue (Elgin Road 28). 4. Chief Administrative Officer, County of Elgin with PowerPoint presentation to Township of Malahide Council on September 20, 2018 titled "Terrace Lodge Redevelopment — A Look Forward. 167 f Because of you, we changed the, od�ds... • 242 people experiencing homelessness received emergency shelter and a place to sleep • A nutritious, healthy meal was given to 58 people and their families • 98 children had fun, learned new skills and made new friends in after-school programs • Educational development and literacy support was given to 59 children, helping them to build confidence, strengthen their reading and improve at school • 139 seniors received support to remain in their homes and live independently while maintaining a happy, social lifestyle • 41 people found the help and support they needed with professional mental health counselling, helping them get back to mental wellness 168 RECEIVED ��'��� ED SEP 'i2yUw Central Elgin, COUNTY OF ELGIN 450Sunset Dr, ����|������T��� ����U1��� ����wnmv�/,`u,/v� w�^x,w�x� St. Thomas, Ont. n5rSvl SeptIO2018 Mayor &Council I am writing this letter with my concerns for traffic flow on George St. when the Westell Homes Seaglass development goes ahead. In my opinion the only way the traffic flow will work if Central Elgin expropriates the land on the south side of the Shamrock property to make a road to the development from Carlow Rd., toVVaste||Homes development. When traffic is heavy local residents take the one way at the end of William St., to get to Carlow Rd. Please take in consideration my thoughts on the traffic flow especially in summer season. Height of new construction in Port Stanley should not be higher than present fire equipment can reach Truly,or a new fire truck will be needed and would be a burden on the tax payers of Port Stanley. Yours � Ross Whalls. cc Elgin County Council 169 ELGIN GROUP POLICE SERVICES BOARD Chair Dave Marr Tel. (519) 631-1460 Ext. 161 450 Sunset Drive Fax (519) 633-7661 St. Thomas, Ontario N5R 5V1 Res. (519) 631-0700 Municipality of Bayharn Municipality of Central Elgin Municipality of Dutton/Dunwich Municipality of West Elgin Township of Malahide Township of Southwold September 11, 2018 Donna and Norm Vick 168 Centennial Ave. St. Thomas, ON N5R 5B2 I am writing to you in the capacity of Secretary/Administrator of the Elgin Group Police Services Board ("PSB"). A copy of your letter was included in the PSB agenda as correspondence and was reviewed and discussed by the PSB. Upon reviewing your letter, the PSB directed me to respond to your inquiry. On behalf of the PSB, I would like to thank you very much for notifying the board and clearly identifying your concerns in regard to the speed of motorists on Centennial Avenue (Elgin Road 28). Detachment Commander Inspector Brad Fishleigh recognized that speeds are a concern in this area and while the Ontario Provincial Police ("OPP") does not have the ability to change speed limits, he noted that OPP is committed to supporting any strategies that contribute to safer roadways for our residents. I shared with the PSB the resolution that County Council adopted at their meeting held on August 24th, 2018, which directed County staff to evaluate speed signage on Centennial Avenue, working with the Municipality of Central Elgin and the Ministry of Transportation ("MTO"). I also provided an update to the group that our MPP, Honourable Jeff Yurek has requested the immediate attention of the MTO on this matter. MTO has notified the County that they have completed a speed study as part of their review and are proposing to reduce the speed of Highway 3 (Centennial Avenue) between St. Thomas Expressway and Talbot Line. They have requested that our Engineering Services department submit comments by September 21, 2018. At the same time, the County is completing our own study of the area to evaluate speed signage. The County identified a "Begins" tab was missing from our 50 km/hr signage for southbound traffic immediately south of Talbot Line. The signage was installed by the County in August. 170 As noted in my previous correspondence, a study of the speeds in this area involves the coordination of multiple partners including Central Elgin, County of Elgin, Ministry of Transportation and the Ontario Provincial Police. I can assure you that since Centennial Avenue is a county road, the County of Elgin is taking your concerns very seriously and is taking a leadership role in working with the above -noted partners to find a solution. I will have the Director of Engineering Services follow up with you after a report is presented to County Council on September 25, 2018. The safety of our residents is of paramount importance and Elgin County looks forward to working collaboratively with the MTO during the review of this corridor and identification of possible improvements. Yours truly, )jonVotA_ Julie Gonyou, Chief Administrative Officer Secretary/Administrator — Police Services Board cc David Marr, Mayor, Municipality of Central Elgin Inspector Brad Fishleigh, Detachment Commander, Elgin OPP Michael Plant, Director of Engineering Services, County of Elgin Honourable Jeff Yurek, MPP Warden and Council Members, County of Elgin 171 aiiiiiiiiiiii " 101111III .. waUUJ�i11��J�11/GO Igi- C'"raap i'r.ovivr, I y Nature Rear view Mirror Terrace Lodge was officially opened in September, 1977. Among those attending the official ribbon -cutting ceremony were, from left, Dave Cook, Elgin County Warden; Ron Lake, reeve of Belmont; Lawrence Crawford, director of the senior citizen's branch of the Ontario Ministry of Community and Social Services; lack Hodgson, Springfield reeve and chairman of the opening ceremonies; and John Wise, Elgin M.P. 173 Mission, Purpose and Council Commitment Funding Background/Project Chronology Efforts to retain existing building Unanticipated challenges 2 contemplated options Study Information Next Steps Questions/Comments 174 Mission & Purpose Caring for our Communities • The County of Elgin Homes and Seniors Services is committed to creating a caring environment where residents and staff feel safe, respected, and valued. • We accomplish this through the provision of a variety of services designed to promote quality of life and our rich historical and agricultural heritage. • Terrace Lodge is a non-profit Home, owned and operated by the County of Elgin, governed under the Long Term Care Homes Act, 2007. Elgin County has been providing care and support to seniors since 1875 when the first House of Industry and Refuge was established. • Over the years, service has been enhanced to include three long term care homes and community outreach programs across the community. • Sister Homes are Bobier Villa in Dutton and Elgin Manor in St. Thomas. • Terrace Lodge features private and semi -private accommodation with 24- hour nursing care. Outdoor areas to relax with family, as well as living and dining areas are available for resident enjoyment. A host of entertainment and recreational programs are available, as well as animal assisted therapy. 175 Council Commitment • Over the past year I have had the opportunity to help guide the project on behalf of County Council and the Building Committee. • It is clear that County Council, staff and the local community are enthusiastic and anticipatory for the completion of this important project. • This presentation will provide an update on County Council's next steps in the Terrace Lodge Redevelopment Project. • County Council takes great pride in the first class standard of care provided to our residents by our incredible, caring and kind staff. • Throughout their 4 -year term, County Council has elevated senior's services to the top of their priority list and have consistently shown their ongoing, unwavering support for these services over the years. 176 Council Commitment • Council's commitment to services for seniors is evident through enhanced funding of new quality improvement initiatives and services and an ongoing commitment to the redevelopment of Terrace Lodge. • Previous councils invested in quality care for Elgin's residents when Bobier Villa and Elgin Manor were rebuilt in 1996 and 2003 respectively. • Council is committed to designing a ""Class A" facility that is in accordance with MOHLTC Long Term Care Design Standards. ® 100 bed facility was decided despite efficiencies of 96 bed facility • A redeveloped facility will accomplish many things including, but not limited to, providing more spacious rooms with improved wheelchair access and more spaces for specialized programs such as rehabilitation and physiotherapy. • Additional washrooms. 177 Compliance premium from the province is over 25 years. Provincial contribution will represent approximately 25%. $35M set aside Despite rumours to the contrary, it is important to reiterate that the funding for this project has been secured from both Elgin County Council and the Province. Provincial funding will be available regardless of whether Council proceeds with a new build or a renovation. The Province (MOHLTC) is aware of our process and we do not believe that our "funds will expire" or that funding won't be available once plans are finalized. 178 Background/Project • Plans for a new TL have been ongoing for a number of years - MMMC Architects were hired in 2014 to design a new TL on land adjacent to the existing building. • A renovation at a cost of $5M was explored and dismissed as information at that time indicated it was not possible to achieve a Class ""A" facility. This was likely due to restricted budget. • It is not uncommon to hear "what"s taking so long?" or recently, "why are you building a new POA and not a new Terrace Lodge facility". There is no doubt the project has been delayed Council's focus has been on both projects concurrently over a number of years • Early in my tenure as CAO, I completed an extensive review of the project and it was clear that the project was struggling with a number of fundamental challenges. • It's not uncommon for projects of this scale to face some challenges along the way and this project is no exception. 179 Efforts to retain existing building • Council's original plan was to sever the existing TL building, suggesting possible opportunities could include sale, lease/rent or partner with affordable supportive housing for seniors, assisted living apartments, etc. 11 This concept fit well into a continuum of care • County issued an Expressions of Interest to gauge interest in future use. Issues: There was little to no appetite to demolish the existing building as the building itself is in good condition and is well-built; Little interest in repurposing the building was received from respondents; Difficulty working with Ministry of Transportation on multiple entrances to accommodate the severance and our desire to have multiple buildings; The incremental cost to service a two building site, net of sales revenue, is compatible to the cost of demolition; Consultant provided assessment which indicated that the building holds great value, but only to the County for the purpose of continued provision of LTC services to be realized thrAggh extensive renovation. unanticipated Challenges Many factors have, in combination, resulted in delays in project timing. Challenges include, but are not limited to, Ministry approval process, space constraints, site servicing issues, lack of consultation and a lack key information/details/plans required to allow for County Council to make an informed decision. • Project management challenges and miscommunication Site surveying was completed without the understanding that it was our original intention to retain the existing TL and build a new facility on the same property • Site Challenges Domestic water services, wastewater capacity issues and storm water management issues • Inability to provide service two facilities of this size on current lot 11 Explored other locations 11 Lack of staff consultation in informing the design • There was an absence of defined operational plan and other key information for the project to aid in decision making • There is limited evidence that "best practices" were used to inform the design, requiring the Building Committee to "�cle back" and verify the design. unanticipated Challenges • Domestic Water Services - sufficient water flow exists to service only the existing TL. • Wastewater - transport capacity exists, however treatment capacity is limited - could "borrow capacity". • Storm Water Management - drainage swales will be deep and steep, requiring conservation authority approvals. • Requirements to have separate services for each property. • Funding - confirmed, but must notify MOHLTC of significant design changes which will be included in the amendment to funding agreement. • Cost estimates - revised from 2015 estimates and are now estimated at $35M for Option 1 - build new TL. • We would like to avoid future inflationary increases and have been aggressively planning accordingly. 182 Option 1: Demo existing and build new TL 0 Preliminary plans were drafted and will be revisited • Operational plan and costing estimates were not completed • Choosing this option requires the demolition of the existing building 183 *-Pft,tion 1: build new M rption 2: Renovate Existing TL • There are several examples of LTC facilities that have completed successful renovations with minimal disruptions to residents and excellent results in the end. • Opportunity exists to redevelop the existing TL facility into a no - compromise, Class ""A" facility. • The existing building is non-combustible and consists of a steel frame with columns and beams as opposed to loadbearing walls which makes reconfiguring of existing bedroom wings feasible. • Existing mechanical and electrical systems have been well maintained and could be used to continue serving the existing common and support areas. • It would be necessary to undertake a phased construction to minimize disruption. Expert opinion: Compared to many other existing Class "C" homes, TL has a number of advantages including a more flexible existing structure and ample site area for expansion that favour retaining the existing building. 185 # # 4 We are one step closer to having a definitive plan for next steps and establishing a timeline for this very exciting project. Im • In an effort to support their decision making and due diligence process (assessing costs, benefits and risks), Council required a broader range of specific information related to this project. • Two weeks ago Council deepened their commitment to this project by investing in a study which will be completed by a suite of consultants. • Study will be led by Ventin Group and their team will include Prism (operational expertise) and Vanderwesten & Rutherford Associates (engineering services). • This team has been hired to complete a high-level, comprehensive business case which contemplates the benefits, costs (capital and operational) and risks associated with the 2 key opportunities for redevelopment: 1. New Build - 100 bed facility which requires the demolition of the existing TL facility; 2. No compromise renovation of the existing facility to achieve a Class "A" standard. 187 • Cost of study: $83,000 • We expect to receive a draft from Ventin Group in early December 2018. • It is unreasonable to expect that a decision will be reached at the first meeting of Council in December. • Decision is likely to take place January - February 2019 as soon as possible after Council orientation. • Timeline for "shovel in the ground" depends on which option County Council selects. • Considering all of the challenges we have faced with this project to date, this is a significant milestone. • This important study will ensure Council has all of the information they need to make the best decision for the community and will help guide and expedite our project management process - both of which were important to County Council and the Building Committee. • County Council has encouraged management to work with project consultants to find opportunities for enhanced staff and community consultation. INIeXL bLeNP-"kIII • I will ensure that the Township of Malahide Council is informed as we progress through our plans for the new TL and we will notify your Council of any opportunities for input. • We hope to share a construction timeline/schedule and revised budget with Council as soon as possible after a decision on how to proceed is reached. 190 Questions/Comments For more information please contact: Julie Gonyou, Chief Administrative Officer Corporation of the County of Elgin g, �rj �ri.ca 519-631-1460 0 191 COUNTY OF ELGIN By -Law No. 18-33 "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, 17-34 and 18-30; 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 a section of County Road #49 (Whittaker Road). NOW THEREFORE BE IT RESOLVED THAT the Municipal Council of the Corporation of the County of Elgin enacts as follows: THAT Schedule "A" Part "B" of By -Law No. EG1 (16-11) be and is hereby amended by including the following: County Road #49 (Whittaker Road), from 130 metres north of the north property line of Nelson Street for a distance of 395 metres northerly. 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 25TH DAY OF SEPTEMBER 2018. Julie Gonyou, Chief Administrative Officer 192 David Marr, Warden CLOSED MEETING AGENDA September 25, 2018 Staff Reports & Correspondence: 1) Director of Engineering Services -Municipal Act Section 239.2 (a) the security of the property of the municipality or local board — Two Lease Extensions. 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) Chief Administrative Officer -Municipal Act Section 239.2 (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, — Potential Litigation. 4) Chief Administrative Officer -Municipal Act Section 239.2 (b) personal matters about an identifiable individual, including municipal or local board employees — Organizational Update.