18 - October 16, 2018 County Council Agenda Pkg.//1010
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ORDERS OF THE DAY
FOR TUESDAY, OCTOBER 16, 2018 - 9:00 A.M.
ORDER
1 st Meeting Called to Order
2nd Adoption of Minutes — September 25, 2018
3rd Disclosure of Pecuniary Interest and the General Nature Thereof
4th Presenting Petitions, Presentations and Delegations
5th
6th
7th
8th
9th
10th
11th
12th
13th
14th
NOTICE:
PRESENTATION:
9:00 a.m. Warden Marr to present 2018 Marketing Canada Award from
Economic Developers Association of Canada
Motion to Move Into "Committee Of The Whole Council"
Reports of Council, Outside Boards and Staff
Council Correspondence
1) Items for Consideration (none)
2) Items for Information (Consent Agenda)
OTHER BUSINESS
1) Statements/Inquiries by Members
2) Notice of Motion
3) Matters of Urgency
Closed Meeting Items
Recess
Motion to Rise and Report
Motion to Adopt Recommendations from the Committee Of The Whole
Consideration of By-laws
ADJOURNMENT
LUNCH WILL BE PROVIDED
November 23, 2018 Warden's Dinner — Masonic Centre of Elgin
November 27, 2018 County Council Meeting
December 11, 2018 Warden's Election 7:00 P.M. (Official Attire)
RECEPTION TO FOLLOW
December 13, 2018 County Council Meeting (THURSDAY)
Accessible formats available upon request.
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DRAFT COUNTY COUNCIL MINUTES
Tuesday, September 25, 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 Ens
Seconded by Councillor Martyn
THAT the minutes of the meeting held on September 11, 2018 be adopted.
- Carried.
DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF
— None.
DELEGATION
Port Stanley Fire Hall Construction — Relief of County of Elgin Roads Plan and Policy
— February 2009
Lloyd Perrin, Director of Physical Services with PowerPoint presentation informing County
Council of the Municipality of Central Elgin's intentions to build a new Port Stanley Fire Hall on
land acquired by the municipality at the intersection of Sunset Road and East Road and
requesting permission to construct this Fire Hall with a setback of 21 meters from the centerline
of Sunset Road instead of the 26 meters indicated in the County of Elgin Road Policy due to
constraints of the site.
Moved by Councillor Wiehle
Seconded by Councillor Mennill
THAT the PowerPoint presentation titled "Port Stanley Fire Hall Construction — Relief of County
of Elgin Roads Plan and Policy — February 2009" from the Municipality of Central Elgin be
received and filed.
- Carried.
Moved by Councillor Mennill
Seconded by Councillor Jones
THAT we do now move into Committee of the Whole Council.
- Carried.
REPORTS
Annual Warden's Dinner — Councillors Grant Jones and Cameron McWilliam
Councillors Jones and McWilliam presented the report reminding Council that the Annual
Warden's Dinner will be held on November 23, 2018 at the Masonic Centre in Central Elgin.
The report also outlined a program for the evening.
Moved by Councillor Jenkins
Seconded by Councillor Ens
THAT the report titled "Annual Warden's Dinner" from Councillors Jones and McWilliam, dated
September 14, 2018 be received and filed.
- Carried.
2
County Council 2 September 25, 2018
Rural Economic Development Program (RED) Work In Elgin Application Summary —
Economic Development
Economic Development presented the report seeking Council's authorization to apply to the
Rural Economic Development (RED) program for funding to develop a Work In Elgin website
that would allow businesses to post jobs and serve as a centralized location in Elgin for all job
postings.
Moved by Councillor Jones
Seconded by Councillor McWilliam
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.
- Carried.
Rural Economic Development Program (RED) Transportation Application Summary —
Marketing & Communications Coordinator
The coordinator presented the report seeking Council's authorization to apply for Rural Economic
Development (RED) funding from OMAFRA to undertake a comprehensive transportation study
and plan for Elgin County.
Moved by Councillor Mennill
Seconded by Councillor Jones
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.
- Carried.
Port Stanley Fire Station - Reduced Minor Arterial Road Setback — Director of Engineering
Services
The director presented the report discussing 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
building's location.
Moved by Councillor Jones
Seconded by Councillor Currie
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; and,
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;
and,
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County Council 3 September 25, 2018
THAT staff evaluate and review all aspects of the 2009 County Roads Setback Policy to be
considered by Council at a future meeting.
- Carried.
Traffic Studies — A Cost Sharing Proposal — Director of Engineering Services
The director presented a proposal for cost sharing traffic studies on Elgin County Roads with
Elgin's Partner Municipalities.
Moved by Councillor Jones
Seconded by Councillor Mennill
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 role of the Ministry of Transportation be included in future traffic studies where
applicable; and,
THAT the report be circulated to Elgin's partner municipalities.
- Carried.
Centennial Avenue - Speeding Concerns — Director of Engineering Services
The director presented the report outlining 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.
Moved by Councillor Jenkins
Seconded by Councillor Martyn
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.
- Carried.
No Parking By-law Amendment — Whittaker Road, Springfield — Deputy Director of
Engineering Services
The director presented the report recommending that Council approve an amendment to the
No -Parking By-law to prohibit parking along the east side of Whittaker Road (County Road #49)
in Springfield in response to a request from the Township of Malahide.
Moved by Councillor Mennill
Seconded by Councillor Jenkins
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.
- Carried.
Accessibility Update — Accessibility Coordinator
The coordinator presented the report to Council highlighting the County's accessibility initiatives
and providing an update on compliance actions related to the Integrated Accessibility Standards
Regulation (IASR) (O.Reg191/11).
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County Council 4 September 25, 2018
Moved by Councillor Martyn
Seconded by Councillor Jones
THAT the report titled "Accessibility Update" from the Accessibility Coordinator, dated September
18, 2018, be received and filed.
- Carried.
Council recessed at 10:02 a.m. and reconvened at 10:14 a.m.
2019 Employee Benefits Renewal Forecast — Director of Human Resources
The director presented the report providing a forecast of 2019 benefits renewal rates.
Moved by Councillor Jones
Seconded by Councillor Jenkins
THAT the report titled "2019 Employee Benefits Renewal Forecast" from the Director of Human
Resources, dated September 13, 2018, be received and filed.
- Carried.
Review of Legislative Changes — Bill 68 — Modernizin_g Ontario's Municipal Legislation Act,
2017 and Municipal Conflict of Interest Act, 1990 — Chief Administrative Officer/Clerk
The Chief Administrative Officer/Clerk presented the report providing background information
regarding legislative changes that form the basis of updates to County policies and by-laws to
ensure compliance going forward.
Moved by Councillor Ens
Seconded by Councillor McWilliam
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.
- Carried.
Proposed Amendments to Elgin County Council's Procedural By-law — Chief Administrative
Officer/Clerk
The Chief Administrative Officer/Clerk presented the report summarizing proposed changes and
updates to the County of Elgin's Procedural By-law and seeking direction from County Council
regarding any additional changes.
Moved by Councillor Wiehle
Seconded by Councillor Jones
THAT the report titled "Proposed Amendments to Elgin County Council's Procedural By-law" from
the Chief Administrative Officer/Clerk, dated September 12, 2018, be received and filed; and,
THAT the Chief Administrative Officer/Clerk be directed to incorporate any direction provided by
Council as revisions to the draft procedural by-law; and,
THAT the Chief Administrative Officer/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.
- Carried.
Council recessed at 11:34 a.m. and reconvened at 11:37 a.m.
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County Council 5 September 25, 2018
Proposed Amendments to Elgin County Council's Policies Manual — Chief Administrative
Officer/Clerk
The Chief Administrative Officer presented the report proposing updates and changes to County
Council's policy manual and seeking input from Council regarding these changes.
Moved by Councillor Wiehle
Seconded by Councillor Martyn
THAT the report titled "Proposed Amendments to Elgin County Council's Policies Manual" from
the Chief Administrative Officer/Clerk, dated September 15, 2018, be received and filed; and,
THAT the Chief Administrative Officer/Clerk be directed to incorporate any direction provided by
Council as revisions to the Draft Council Policies Manual; and,
THAT the Chief Administrative Officer/Clerk be directed to provide a final draft Policies Manual
for Council review and approval at the October 16, 2018 meeting.
- Carried.
CORRESPONDENCE
Items for Information (Consent Agenda)
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."
Moved by Councillor Jones
Seconded by Councillor Mennill
THAT Correspondence Items #1 - 4 be received and filed.
- Carried.
OTHER BUSINESS
Statements/Inquiries by Members
Warden Marr informed Council that he had received correspondence from Dave Mayberry at the
WOWC regarding the SWIFT Project. The province has requested a third party review of the
SWIFT business plan and has been asked to resubmit a revised business case by October 12,
2018. Elgin has been asked for its support of SWIFT.
Moved by Councillor Jones
Seconded by Councillor Wiehle
THAT the County of Elgin advocate directly for rural broadband by organizing a meeting with
Ministers McNaughton and Yurek.
- Carried.
Councillor Mennill thanked the Chief Administrative Officer and the Director of Homes and
Seniors Services for presenting to Malahide Township Council on the Terrace Lodge
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County Council 6 September 25, 2018
Redevelopment project. This presentation made the County's position clear and cleared up
rumours circulating in the community.
Notice of Motion — None.
Matters of Urgency — None.
Closed Meeting Items
Moved by Councillor Jenkins
Seconded by Councillor Wiehle
THAT we do now proceed into closed meeting session in accordance with the Municipal Act to
discuss matters under Municipal Act Section 239.2;
In -Camera Item #1
(a) the security of the property of the municipality or local board — Two Lease Extensions.
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
(e) litigation or potential litigation, including matters before administrative tribunals, affecting
the municipality or local board — Potential Litigation.
In -Camera Item #4
(b) personal matters about an identifiable individual, including municipal or local board
employees — Organizational Update.
In -Camera Addendum Item #1
(e) litigation or potential litigation, including matters before administrative tribunals, affecting the
municipality or local board — Potential Litigation.
- Carried.
Moved by Councillor Jenkins
Seconded by Councillor Jones
THAT we do now rise and report.
- Carried.
In -Camera Item #1
Moved by Councillor Jones
Seconded by Councillor Martyn
THAT the Warden and Chief Administrative Officer be authorized and directed to sign a one year
lease agreement with an option to renew after year one, with the Alzheimer Society of Elgin -St.
Thomas for Suites 229, 232, 237-1, and 344; and,
THAT the effective commencement date for the new lease shall be May 1, 2018 for a lease rate
of $16.20 per square foot for year one, ($18,840.60 annual payment), plus the HST, and $16.50
per square foot ($19,189.50 annual payment), plus the HST for year two; and the lease rate for
Suite 344 remain constant at $300.00 annual payment.
- Carried.
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County Council 7 September 25, 2018
Moved by Councillor Ens
Seconded by Councillor Mennill
THAT the Warden and Chief Administrative Officer be authorized and directed to sign a lease
agreement with Scott D. Avery Ltd. for Suite 223; and,
THAT the effective commencement date for the lease shall be May 1, 2018 at a lease rate of
$16.47 per square foot for year one ($3,952.80 annual payment), plus the HST; and $16.80 per
square foot for year two ($4,032.00 annual payment), plus the HST.
- Carried.
In -Camera Item #2
Moved by Councillor Wiehle
Seconded by Councillor Mennill
THAT staff procced as directed.
- Carried.
In -Camera Item #3
Moved by Councillor Jenkins
Seconded by Councillor Martyn
THAT staff proceed as directed.
- Carried.
In -Camera Item #4
Moved by Councillor Jones
Seconded by Councillor Wiehle
THAT staff proceed as directed.
- Carried.
In -Camera Addendum Item #1
Moved by Councillor Jenkins
Seconded by Councillor Ens
THAT the verbal confidential report from Chief Administrative Officer be received and filed.
- Carried.
Motion to Adopt Recommendations of the Committee of the Whole
Moved by Councillor Jones
Seconded by Councillor Mennill
THAT we do now adopt recommendations of the Committee Of The Whole.
- Carried.
BY-LAWS
Moved by Councillor Martyn
Seconded by Councillor Mennill
THAT 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" be read a first, second and third time and finally passed.
- Carried.
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County Council 8 September 25, 2018
Moved by Councillor Jenkins
Seconded by Councillor McWilliam
THAT By-law No. 18-34 "Being a By-law to Confirm Proceedings of the Municipal Council of
the Corporation of the County of Elgin at the September 25, 2018 Meeting" be read a first,
second and third time and finally passed.
- Carried.
ADJOURNMENT
Moved by Councillor McWilliam
Seconded by Councillor Mennill
THAT we do now adjourn at 12:34 p.m. to meet again on October 16, 2018 at the County
Administration Building Council Chambers at 9:00 a.m.
Julie Gonyou,
Chief Administrative Officer.
9
- Carried.
David Marr,
Warden.
REPORTS OF COUNCIL AND STAFF
October 16, 2018
Council Reports — (ATTACHED)
Warden David Marr —Additional Long Term Care Beds
Staff Reports —(ATTACHED)
Senior Financial Analyst and ECUWSEC Chair — 2018 Events Calendar
Manager of Planning — Draft Approval for a Plan of Subdivision, Kemsley Farm, Municipality
of Central Elgin, Owner: Doug Tarry Ltd. File No. 34T-CE1702
Director of Homes and Seniors Services — Attending Physician Agreement — Terrace Lodge
Director of Homes and Seniors Services — Illuminated Ground Signs — Contract Award
Director of Homes and Seniors Services — Homes — Program and Therapy Services Policy
and Procedure Manual Review and Revisions
Director of Financial Services — Federal Gas Tax
Deputy Director of Engineering Services — Port Bruce Bridge Replacement — Engineering
Services RFP
Chief Administrative Officer— Resident Complaint — Ditch Maintenance along Talbot Line,
Southwold
Chief Administrative Officer — Contract Cleaning Services — Tender Award
Chief Administrative Officer— Ambulance Vehicle Replacement
Chief Administrative Officer— Legalization of Recreational Cannabis — Update
Chief Administrative Officer— Review of Land Division By-law 15-03
Chief Administrative Officer— Review of Land Division Procedural By-law 05-24
Chief Administrative Officer/Clerk — Final Draft of Elgin County Council Procedural By-law
Chief Administrative Officer/Clerk — Elgin County Council Policies Manual
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1 wrae'h 4dWer 1M',r REPORT TO COUNTY COUNCIL
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FROM: Warden David Marr
DATE: October 10, 2018
SUBJECT: Additional Long -Term Care Home Beds
INTRODUCTION:
On October 10th° 2018 1 met with MPP Jeff Yurek to discuss such issues as farm tax
rates and rural broadband. During this discussion our MPP asked whether we would
contemplate additional beds for our Long -Term Care (LTC) homes.
At this meeting I committed to bringing this question forward to all members of Council
for discussion and to seek direction from Council for staff in regard to this inquiry.
DISCUSSION:
Over the past many years, Council has shown a deep commitment to seniors' services
in Elgin County. Elgin Manor, Terrace Lodge and Bobier Villa are Elgin County's three
(3) municipally -run LTC homes offering a total of 247 beds. Long -Term Care is a
service that is funded by the Province and is augmented by an additional $5.0 million of
County funding. When considering our population size against the number of Long -
Term Care beds, we are considered to be `over -bedded'.
In April 2018, the Province allocated 5,000 new Long -Term Care (LTC) beds in
communities across the province as part of their commitment to build 5,000 new beds
by 2022 and more than 30,000 new beds over the next decade.
We learned through a study completed by our CAO in March 2018 that due to the fact
that our residents are assigned beds by the Local Health Integration Network (LHIN), a
significant proportion of our residents are not from Elgin County, and the funds we use to
supplement this service benefit residents from across the region and includes residents
from Middlesex County, Oxford County, Lambton County, City of St. Thomas, City of
London, City of Hamilton, etc. The demographic information presented by the CAO
clearly indicates that LTC has become a regional/provincial service now that the LHIN is
responsible for bed allocation.
Also noted by the CAO, across Ontario, municipalities are asking challenging questions
in regard to the provision of LTC services at the municipal level as our population ages
and lives longer. Our LTC facilities are receiving very complex cases that in the past
would be cared for in mental health or hospital settings. When this complexity is matched
by increasing regulation from the Province, the end result is a dramatic, ongoing increase
in municipal costs for LTC.
ANALYSIS:
We often hear about long wait lists for individuals requiring LTC and while it would be great
to simply add additional beds to our County facilities, there are a few things which I feel are
important to keep in mind:
11
We know that the costs associated with increased level of care currently costs the County
an additional $5M and the Ministry funding model is not aligned with the change in care as
a result of program changes like the Age in Place Strategy. The costs associated with the
increased level of care and complexity of care is being absorbed by Elgin County and not
the Province.
It is expected that as homes increase in size and number of beds, so too do the
expenditures.
Since the LHIN is the gatekeeper of LTC beds, we have no way of ensuring that County
residents are directly benefitting from an additional investment in this service. The
regional model for LTC bed assignments means that Elgin County's investment, which is
disproportionately larger than our neighbouring municipalities will be supporting residents
outside of Elgin County
We have been made aware of a systemic issue of recruitment challenges for nursing staff
(province wide) — in particular Personal Support Workers (PSW's) and Registered staff. If
we add beds, how will we staff them — it is currently difficult to ensure a full staffing
complement given the recruitment challenges we face.
CONCLUSION:
Additionally, there may be an opportunity for County Council to advocate for an enhanced
ability to influence the bed allocations in such a way that there is some assurance that
Elgin County residents are prioritized on the waitlist for our three homes, given the
contribution of $5M we are making on behalf of the residents of Elgin County. I also
believe there is an ongoing need for the County to advocate for an adjustment in Ministry
funding to support the increasing costs associated with the changing level of care and
complexity of care that is currently being absorbed by Elgin County. I believe that it is the
right time to have staff explore, in the form of a report, whether it is reasonable, practical
and sustainable to request additional beds from the Ministry.
RECOMMENDATIONS:
THAT the report titled "Additional Long -Term Care Home Beds" from Warden Marr, dated
October 10, 2018, be received and filed; and,
THAT County Council direct the Chief Administrative Officer, Director of Homes and
Seniors Services and Director of Financial Services to complete a report noting the
benefits, challenges and costs associated with a request for additional LTC beds in Elgin
County for consideration at the November 27, 2018 meeting and for future consideration
by the next term of County Council.
All of which is Respectfully Submitted
Dave Marr
Warden
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1 wrae'h 4dWer 1M',r REPORT TO COUNTY COUNCIL
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FROM: Elgin County United Way and Special Events Committee
Jennifer Ford, Senior Financial Analyst and ECUWSEC Chair
DATE: September 26, 2018
SUBJECT: 2018 Events Calendar
INTRODUCTION:
This report is presented as a review for Council as it relates to the internal fundraising
activities and other social events planned by the Elgin County United Way and Special
Events Committee (ECUWSEC) for the 2018 calendar year. Events are designed to
provide an opportunity for staff and County affiliates to come together and, in some
instances, raise money to support this Council's commitment to the United Way Elgin
Middlesex.
DISCUSSION:
As this term of Council comes to a close, the committee would like to take this
opportunity to thank the current council for their support of our group and the events
planned over your term here at the County of Elgin. Your commitment to the United
Way has been very evident with your participation in many of the activities that have
occurred over the last four years.
Your committee members are: Becky Higgs, William Leader, Cole Aicken, Georgia
Sifton, Leesa Shanley, Jessica Debackere, Lorelei Gloor, Mathew Waite, Sheena
Doyle, Tanya Noble, Lindsey Duncan, and Jennifer Ford.
We would like to now provide Council with the brief highlights of the various events that
took place and will take place over the course of 2018.
Payroll Deduction Program:
Staff and Council at the County of Elgin are encouraged to participate in the payroll
deduction program. Active participants at the County level have the opportunity to
participate in the Days off Draws and the monthly draws for Gift Certificates based on
their chosen level of participation for 2018. In 2018, we are on target to donate
approximately $12,000 through the payroll deduction program directed to support local
charities through the United Way Elgin Chapter.
10th Annual Warden's Charity Golf Tournament:
This past summer the Warden's Charity Golf Tournament was held at Kettle Creek Golf
and Country Club. The event continues to deliver exceptional results and it has become
very popular with all our sponsors and participants. This year's event raised $25,000
and added to the ten year total to take us to $271,000 in additional funding now having
been raised for the United Way Elgin Chaptff
Thank you to everyone who has supported this event. Special thanks to the all the
Wardens, past and present, who have participated in the golf challenges and who also
assisted in hosting the event throughout the day.
Knights Games:
Earlier in 2018, some of our staff enjoyed a Hockey game or two at the Budweiser
Gardens. Each year, we set up Group Knights tickets for staff to purchase as a fun
family activity. We have been fortunate to be able to reserve some nights this season
that are associated with special activities during the games. Tickets cost approximately
$22 and are available for the following four dates:
Thursday November 22nd, 2018 @ 7:OOpm against Mississauga Steelheads - "Team of
the Century Night"
Sunday December 2nd, 2018 @ 2:OOpm against Sarnia Sting - "Teddy Bear Toss"
Friday January 4th. 2019 @ 7:30 pm against Sault Ste. Marie Greyhounds - Regular
Game
Friday February 15th, 2018 @ 7:30 pm against Erie Otters - Regular Game
Lunches:
Last March, approximately 80 staff participated in the Eat 2 Learn Brown bag lunch.
The fundraising event supports the United Way program Eat 2 Learn which is a nutrition
program, for all students, in all schools, throughout the County of Elgin. Once per year,
the program offers and delivers nutritious lunch options out to participating
organizations for the cost of $10 per lunch. We received very positive feedback from
participants indicating that we should continue to support this event in the future.
County Christmas Party:
To cap off the year, we are making the final preparations for the County of Elgin's
Christmas Party. This year's annual event will have a distinctly tropical flare and is
planned to be held at the St. Thomas Elgin Public Arts Centre on Friday December 7,
2018. Tickets to this holiday social event will be sold at for $10 per person. Participants
have the opportunity to drop in between 5pm and 10pm to enjoy tropically inspired hors
d'oerves, a cash bar, fellowship, hourly door prize draws, and music. So break out your
best Hawaiian summer gear and meet us for our version of a Christmas staycation right
here in Elgin County.
CONCLUSION:
The mandate of ECUWSEC is to organize internal events throughout the year. Some
events are designed to raise money for the United Way Elgin Chapter while others are
designed simply as social opportunities for staff and their families to get together.
Staff would like to take this opportunity to extend their thanks to this Council for their
support of and participation in our past events, and to extend an invitation to our
member municipalities to join us for a Knights game or at the Christmas Party in
December.
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RECOMMENDATION:
THAT Council receive and file the Elgin County United Way and Special Events
Committee's 2018 Events Calendar as presented in this report.
All of which is Respectfully Submitted
Jennifer Ford
Senior Financial Analyst & ECUWSEC Chair
15
Approved for Submission
Julie Gonyou
Chief Administrative Officer
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[9° REPORT TO COUNTY COUNCIL
FROM: Steve Evans, Manager of Planning
DATE: September 24, 2018
SUBJECT: Draft Approval for a Plan of Subdivision
Kemsley Farm Proposed Draft Plan of Subdivision
Part of Lots 2 & 3 Concession 6 and Part of Lots 1 & 2 Registered Plan 263
Geographic Township of Yarmouth
Municipality of Central Elgin
County of Elgin
Owner: Doug Tarry Ltd.
File No. 34T-CE1702
INTRODUCTION:
This report will provide County Council with information required in order to consider granting
draft plan approval to the above noted plan of subdivision.
In accordance with Section 51 of the Planning Act, the Council of the County of Elgin, the
"Approval Authority," is required to make a decision which gives or refuses to give approval to
a draft plan of subdivision.
DISCUSSION:
The lands that are the subject of this application for draft plan approval are located in
Community of Norman Lyndale within the Municipality of Central Elgin. (see attached plan).
The owner is requesting approval of a "Plan of Subdivision" on which is proposed sixty-five
(65) single detached residential building lots and 5 blocks for future residential development.
Adjacent land uses include existing residential dwellings to the north, Port Stanley Terminal
Rail Line to the east, agricultural lands to the west and residential and natural heritage lands
to the south.
This application was accepted as "complete" on August 15, 2017 by the County of Elgin. The
developer submitted documents to support the proposed subdivision including a Servicing
Report, Scoped Environmental Impact Study, Transportation Impact Study, Preliminary Storm
Water Management Report, Geotechnical Investigation and Slope Assessment.
A statutory public meeting was held by the Municipality on September 25, 2017. There were
of number of concerns expressed by neighbouring property owners including increased traffic,
drainage, affect on the water table and construction noise. The Kettle Creek Conservation
Authority expressed concerns with respect to slope stability and storm water management and
the Municipality of Central Elgin shared in those concerns as well the concerns expressed by
the public. Given the extent of the concerns, subsequent meetings were held and reports were
revised to satisfy the concerns of the public and the Municipality.
16
The proposed plan of subdivision is located in an area that will be fully serviced and the
lands are designated "Residential" in the Central Elgin Official Plan. The plan is consistent
with the Provincial Policy Statement, complies with the County and Central Elgin Official
Plans and the lands are zoned appropriately in the Township of Yarmouth Zoning By-law
1998.
CONCLUSION:
The Manager of Planning has reviewed File No. 34T-CE1702 and has prepared conditions
for draft approval which are attached for Council's review. These conditions have been
reviewed by the Municipality of Central Elgin and by the owner and no changes have been
requested.
Based on the above information the Manager of Planning is satisfied that this plan of
subdivision has had regard to the subdivision criteria as set out in Section 51 (24) of the
Planning Act and that the conditions, as attached, are reasonable. If County Council
approves this draft plan of subdivision, the owner will be responsible for fulfilling the
conditions before final approval can be given.
RECOMMENDATIONS:
THAT the Council of the Corporation of the County of Elgin grants draft plan approval to
Doug Tarry Ltd. Draft Plan of Subdivision (Kemsley Farm Subdivision) in the Municipality
of Central Elgin (Norman Lyndale) File No. 34T-CE1702; and,
THAT staff be directed to provide notice of this decision subject to the conditions for final
approval in accordance with the Planning Act.
All of which is Respectfully Submitted Approved for Submission
Steve Evans Julie Gonyou
Manager of Planning Chief Administrative Officer
17
Applicant:
Cyril J. Demeyere Ltd.
Date of Notice:
Kemsley Farm Subdivision
File No.:
34T-CE1702
Municipality:
Central Elgin
Subject Lands:
Part of Lots 1 and 2, R.P. 263 and
Part of Lots 2&3, Concession 6
Part 1, 11R-3198
Geographic Township of Yarmouth,
Municipality of Central Elgin
Date of Decision:
2018
Date of Notice:
2018
Last Date of Appeal:
2018
Lapsing Date:
2021
NOTICE OF DECISION
On Application for Approval of Draft Plan of Subdivision
Subsection 51(37) of the Planning Act
Approval of a Draft Plan of Subdivision in respect of the subject lands noted above was given by the County of
Elgin on . A copy of the conditions for final approval is attached. Council considered all
written and oral submissions received on this application, the effect of which helped Council to make an
informed decision.
When and How to File an Appeal
Notice to appeal the decision to the Ontario
Municipal Board must be filed with the County of
Elgin no later than 20 days from the date of this
notice as shown above as the last date of appeal.
The notice of appeal should be sent to the attention
of the Manager of Planning, at the address shown
below and it must,
(1) set out the reasons for the appeal, and
(2) be accompanied by the fee prescribed under the
Ontario Municipal Board Act in the amount of
$300.00, payable by certified cheque to the
Minister of Finance, Province of Ontario.
Who Can File an Appeal
Only individuals, corporations or public bodies may
appeal the decision in respect of a proposed plan of
subdivision to the Ontario Municipal Board. An
appeal may not be filed by an unincorporated
association or group. However, a notice of appeal
may be filed in the name of an individual who is a
member of the association or group.
Right of Applicant or Public Body to Appeal
Conditions
The applicant or any public body may, at any time
before the final plan of subdivision is approved,
appeal any of the conditions imposed by the County
of Elgin by filing with the Manager of Planning a
notice of appeal.
im
How to receive Notice of Changed Conditions
The conditions of an approval of draft plan of
subdivision may be changed at any time before
the final approval is given.
You will be entitled to receive notice of any
changes to the conditions of approval of draft
plan of subdivision if you have either,
(1) made a written request to be notified of the
decision, or
(2) made a written request to be notified of
changes to the conditions of approval of the
draft plan of subdivision.
Other Related Applications:
Zoning By -Law 2281
Getting Additional Information
Additional Information about the application is
available for public inspection during regular
office hours at the County of Elgin at the address
noted below.
Mailing address for Filing a Notice of Appeal
County of Elgin
450 Sunset Drive, 3�d Floor
St. Thomas, ON N5R 5V1
Attention: Manager of Planning
Telephone: (519) 631-1460
Fax: (519) 633-7661
Email: sevans0)elgin.ca
Applicant:
Cyril J. Demeyere Ltd.
Date of Notice:
Kemsley Farm Subdivision
File No.:
34T-CE1702
Municipality:
Central Elgin
Subject Lands:
Part of Lots 1 and 2, R.P. 263 and
Part of Lots 2&3, Concession 6
Part 1, 11R-3198
Geographic Township of Yarmouth,
Municipality of Central Elgin
Date of Decision:
2018
Date of Notice:
2018
Last Date of Appeal:
2018
Lapsing Date:
2021
The conditions and amendments to final plan of approval for registration of this Subdivision
as provided by the County of Elgin are as follows:
No.
CONDITIONS
1. That this approval applies to the draft plan of subdivision, prepared by CJDL
Consulting Engineers and certified by Kim Husted, Ontario Land Surveyor, dated
August 1, 2017, which shows:
• 65 single detached residential building lots (Lots 1-65 inclusive)
• Block 66 — (storm water management/valley lands)
• Block 67 to70 — (Walkway/Servicing Blocks)
• Blocks 71 — (Park/Trail)
• Block 72 — (Park)
• Block 73 — (Valley Lands)
• Blocks 74 to78 — Future Residential
• Blocks 79 to 81 — (Reserves)
2. That the road allowances included on the draft plan shall meet the standards of the
Municipality of Central Elgin and be shown and dedicated as public highways on the
final plan submitted for approval and registration.
3. The streets within the draft plan of subdivision shall be named to the satisfaction of the
Municipality of Central Elgin.
4. That the owner enters into a subdivision agreement, pursuant to the authority of
section 51(26) of the Planning Act, as amended, with the Municipality of Central Elgin
wherein the owner agrees to satisfy all the requirements, financial and otherwise, of
the Municipality of Central Elgin concerning the installation of services including roads,
sanitary sewerage collection system, water distribution system, utilities and stormwater
management facilities for the development of the lands within the plan.
5. That the subdivision agreement, where required, contain a provision, prepared to the
satisfaction of the Municipality, regarding phasing or timing of the development.
19
Applicant:
Cyril J. Demeyere Ltd.
Date of Notice:
Kemsley Farm Subdivision
File No.:
34T-CE1702
Municipality:
Central Elgin
Subject Lands:
Part of Lots 1 and 2, R.P. 263 and
Part of Lots 2&3, Concession 6
Part 1, 11R-3198
Geographic Township of Yarmouth,
Municipality of Central Elgin
Date of Decision:
2018
Date of Notice:
2018
Last Date of Appeal:
2018
Lapsing Date:
2021
6. That the subdivision agreement between the owner and the Municipality of Central
Elgin be registered against the lands to which it applies once the plan of subdivision
has been registered.
7. That the owner convey up to five percent (5%) of the land included in this plan to the
Municipality for park or other recreational purposes or alternatively the Municipality
may require cash -in -lieu of all or a portion of the conveyance.
8. That prior to final approval the Municipality shall advise that appropriate zoning is in
effect for the plan of subdivision.
9. That the owner shall provide easements as may be required for services, Utility or
drainage purposes in a form satisfactory to the Municipality or utility and where
required by the Municipality, daylight corners and street reserves shall be shown on the
final plan and conveyed in a form satisfactory to the Municipality.
10. That the subdivision agreement between the owner and the Municipality contain a
provision requiring the owner to install geodetic monuments within the subdivision.
The number, specifications and location of the monuments are to be approved by the
Director of Physical Services for the Municipality of Central Elgin prior to final plan
approval and registration.
11. That the Subdivision Agreement between the Owner and Municipality shall contain
provisions requiring:
a) The owner to include a statement informing the persons who first purchase a unit
following final approval of all the approved development charges, including
development charges for school purposes, relating to any such unit within the draft
plan of subdivision pursuant to Section 59(4) of the Development Charges Act,
1997
b) All services, which in the opinion of the municipality are necessary for the
development of the lands within the Plan, such services being hereinafter called
the "necessary services" shall be in place before development begins.
c) Notwithstanding b), development may begin before all necessary services are in
place if the Municipality is satisfied that adequate arrangements have been made
20
Applicant:
Cyril J. Demeyere Ltd.
Date of Notice:
Kemsley Farm Subdivision
File No.:
34T-CE1702
Municipality:
Central Elgin
Subject Lands:
Part of Lots 1 and 2, R.P. 263 and
Part of Lots 2&3, Concession 6
Part 1, 11R-3198
Geographic Township of Yarmouth,
Municipality of Central Elgin
Date of Decision:
2018
Date of Notice:
2018
Last Date of Appeal:
2018
Lapsing Date:
2021
to ensure that the necessary services shall be provided in a timely manner as
development proceeds. Adequate arrangements shall include the passing of an
area -specific development charge by-law pursuant to Section 2 of the
Development Charges Act, 1997, and the entering into of a front -ending
agreement under section 44 of the Development Charges Act, 1997, which by-law
and agreement relate to the necessary services.
12. That prior to final approval, the Municipality shall confirm that there is uncommitted
reserve sewage and water treatment capacity to service the development and that the
proposed arrangements for stormwater management are acceptable and can be
assumed by the Municipality.
13. That the subdivision agreement between the Owner and the Municipality contain
provisions regarding the development, implementation, installation, dedication and
maintenance of the storm water management facilities requiring the owner to:
a) Provide a storm water management report satisfactory to the Municipality based
on the preliminary report, Kemsley Farm Subdivision, Municipalityof CentralElgin,
Preliminary Storm Water Management Report, 1312, 19 July 2017, CJDL
Consulting Engineers and Kemsley Farm Subdivision (34T-CE1702). Municipality
of Central Elgin, Preliminary Storm Water Management Report, Addendum Letter,
1312, 5 January 2018, CJDL Consulting Engineers.
b) conduct regular inspections every two weeks and after each sizeable storm event
of all sediment and erosion control recommendations in the approved storm water
management plan/report and maintain an inspection log which shall state the
name of the inspector, date of inspections and the rectification or replacement
measures which were undertaken to maintain the sediment and erosion control
measures. The inspections shall continue until the assumption of services by the
Municipality or until site construction warrants cessation of the visits;
c) identify the Municipality of Central Elgin and the Kettle Creek Conservation
Authority as the site contacts responsible for monitoring schedule to be
implemented in b) above; and
d) provide the Municipality of Central Elgin and the Kettle Creek Conservation
Authority a written update of sediment and erosion control inspections and
maintenance activities following all storm events.
21
Applicant:
Cyril J. Demeyere Ltd.
Date of Notice:
Kemsley Farm Subdivision
File No.:
34T-CE1702
Municipality:
Central Elgin
Subject Lands:
Part of Lots 1 and 2, R.P. 263 and
Part of Lots 2&3, Concession 6
Part 1, 11R-3198
Geographic Township of Yarmouth,
Municipality of Central Elgin
Date of Decision:
2018
Date of Notice:
2018
Last Date of Appeal:
2018
Lapsing Date:
2021
14. That the subdivision agreement between the owner and the Municipality shall include a
provision requiring the implementation of the recommendations of report,
Geotechnical Investigation and Slope Assessment, Proposed Kemsley Subdivision,
42537 Southdale Line, St. Thomas, Project Number L ON -000 1514 7 -GE, prepared by
exp Services Inc., 15701 Robin's Hill Road, Unit 2, London ON N5V OA5 Canada.
15. The Municipality requires implementation of the recommendations of the scoped
Environmental Impact Study (EIS) report, Scoped Environmental Impact Study, 42537
Southdale Line, St. Thomas ON, DTL Kemsley Property, Leonard + Associates in
Landscape Architecture, August 2017.
16. The subdivision agreement between the owner and the Municipality shall contain a
provision requiring the ownerto install noise mitigation measures as recommended in
the report, Noise Feasibility Study, proposed Residential Development, Kemsley Farm,
St. Thomas Ontario, prepared for Doug Tarry Limited, 358 Elm Street, St. Thomas
Ontario N5R 1K1, May 24, 2017, Howe Gastmeir Chapnik Limited.
17. Prior to final approval, the owner shall contact the licensed communication/
telecommunication service providers within the Municipality prior to commencing any
work within the plan, and confirm that sufficient wire line communication/
telecommunication infrastructure is currently available to provide communication/
telecommunication service to the proposed development. In the event that such
infrastructure is not available, the owner is hereby advised that the owner may be
required to pay for the connection to and/or extension of the existing communication/
telecommunication infrastructure. If the owner elects not to pay for such connection to
and/or extension of the existing communication/telecommunication infrastructure, the
owner shall be required to demonstrate to the Municipality that sufficient alternative
communication/telecommunication facilities are available within the proposed
development to enable, at a minimum, the effective delivery of communication/
telecommunication services for emergency management services (i.e. 911 Emergency
Services). The owner shall provide the Municipality with written confirmation from the
licensed service providers that communication / telecommunication infrastructure will
be available to the plan.
22
Applicant:
Cyril J. Demeyere Ltd.
Date of Notice:
Kemsley Farm Subdivision
File No.:
34T-CE1702
Municipality:
Central Elgin
Subject Lands:
Part of Lots 1 and 2, R.P. 263 and
Part of Lots 2&3, Concession 6
Part 1, 11R-3198
Geographic Township of Yarmouth,
Municipality of Central Elgin
Date of Decision:
2018
Date of Notice:
2018
Last Date of Appeal:
2018
Lapsing Date:
2021
18. That prior to final approval, arrangements shall be made to the satisfaction of the
Municipality for the relocation of any utilities that may be required as a result of the
development of the subject lands, such relocation shall be undertaken at the expense
of the Owner.
19. That prior to final approval the Owner shall ensure that the requirements of Canada
Post as set out below are satisfied.
a) The owner shall:
i) include in all offers of purchase and sale, a statement that advises the
prospective purchaser that mail will be delivered via a community mail box;
ii) note the locations of the community mail box within the development; and,
iii) notify affected homeowners of any established easements granted to
Canada Post to permit access to the community mail box.
b) The owner further agrees to:
i) consult with Canada Post to determine suitable permanent locations for the
community mail box, which locations shall be indicated by the developer on
the appropriate servicing plans;
ii) prior to offering any units for sale, display a map on a wall of the sales office
in a place readily accessible to potential homeowners that indicates the
location of the community mail box within the development, as approved by
Canada Post;
iii) provide a suitable and safe temporary site for a community mail box until
curbs, sidewalks and final grading are completed at the permanent
community mail box location;
iv) provide Canada post with the excavation date for the first foundation/first
phase as well as the date development work is scheduled to begin;
v) provide the expected installation date for the community mail box pad; and
23
Applicant:
Cyril J. Demeyere Ltd.
Date of Notice:
Kemsley Farm Subdivision
File No.:
34T-CE1702
Municipality:
Central Elgin
Subject Lands:
Part of Lots 1 and 2, R.P. 263 and
Part of Lots 2&3, Concession 6
Part 1, 11R-3198
Geographic Township of Yarmouth,
Municipality of Central Elgin
Date of Decision:
2018
Date of Notice:
2018
Last Date of Appeal:
2018
Lapsing Date:
2021
vi) provide the following for the community mail box and to include these
requirements on the appropriate servicing plans:
• Any required walkway across the boulevard, per municipal standards;
• Any required curb depressions for wheelchair access, with an opening of
at least two metres (consult with Canada Post for detailed specifications).
20. That the Subdivision Agreement between the Owner and the Municipality shall include
a clause that the Owner agrees to inform all Purchasers of residential lots by including
a condition in all Purchase Agreements stating that the construction of additional public
school accommodation is dependent upon funding approval from the Ontario Ministry
of Education, therefore the subject community may be designated as a "Holding Zone"
by the Thames Valley District School Board and pupils may be assigned to existing
schools as deemed necessary by the Board.
Holding Zone is defined by a geographic boundary, within an attendance area (usually
with high concentrations of new or imminent development), for which the Trustees
have approved that students residing in it are to attend a specified school based on
available capacity, until such time as long-term accommodation and related revised
attendance areas can be established.
21. That prior to final approval, the owner shall carry out an archaeological assessment of
the subject property and mitigate, through preservation or resource removal and
documentation, adverse impacts to any significant archaeological resource found. No
grading or other soil disturbances shall take place on the subject property prior to the
Owner's Licensed Archaeologist providing a letter to the Municipality and the County
indicating that there are no further concerns for impacts to archaeological sites on the
subject lands. This is to be accompanied by a Ministry of Tourism, Culture and Sport
letter indicating that the licensee has met the terms and conditions for Archaeological
Licensing and that the report has been entered into the Ontario Public register of
archaeological reports.
22. That prior to final approval of the plan of subdivision, the Clerk of the Municipality of
Central Elgin shall advise in writing how conditions 1 to 18, 20 and 21 have been
satisfied.
23. That prior to final approval of the plan of subdivision, Canada Post shall advise in
writina how condition 19 has been satisfied.
24
Applicant:
Cyril J. Demeyere Ltd.
Date of Notice:
Kemsley Farm Subdivision
File No.:
34T-CE1702
Municipality:
Central Elgin
Subject Lands:
Part of Lots 1 and 2, R.P. 263 and
Part of Lots 2&3, Concession 6
Part 1, 11R-3198
Geographic Township of Yarmouth,
Municipality of Central Elgin
Date of Decision:
2018
Date of Notice:
2018
Last Date of Appeal:
2018
Lapsing Date:
2021
24. That prior to final approval of the plan of subdivision, Kettle Creek Conservation
Authority shall advise in writing how conditions 13 and 14 have been satisfied.
NOTES TO DRAFT APPROVAL:
1. It is the applicant's responsibility to fulfill the conditions of draft approval.
2. It is suggested that the applicant be aware of section 144 of the Land Titles Act and
subsection 78(10) of the Registry Act.
Subsection 144 (1) of the Land Titles Act requires that a plan of subdivision of land
that is located in a land titles division be registered under the Land Titles Act.
Exceptions to this provision are set out in subsection 144(2).
Subsection 78(10) of the Registry Act requires that a plan of subdivision of land that
is located only in a registry division cannot be registered under the Registry Act
unless that title of the owner of the land has been certified under the Certification of
Titles Act. Exceptions to this provision are set out in clauses (b) and (c) of subsection
78(10).
3. The owner is advised that a permit shall be obtained from Kettle Creek Conservation
Authority prior to any development and/or site alterations upon Blocks 66, 72, 74, &
78 of this draft plan of subdivision.
4. The owner is advised that in the event that deeply buried archaeological remains
should be discovered during construction, it is recommended that archaeological staff
of the Ontario Ministry of Tourism, Culture and Sport be notified immediately.
Similarly, in the event that human remains should be encountered during
construction, it is recommended that the proponent immediately notify the Ontario
Ministry of Tourism, Culture and Sport and the Registrar of the Cemeteries
Regulation Unit of the Cemeteries Branch.
5. The Ontario Land Surveyor responsible for preparing the final plan for registration
should contact the Director of Physical Services for the Municipality of Central Elgin
regarding the preparation of the final plan to ensure the requirements of draft
approval are properly addressed in the preparation of the final plan and that the final
25
Applicant:
Cyril J. Demeyere Ltd.
Date of Notice:
Kemsley Farm Subdivision
File No.:
34T-CE1702
Municipality:
Central Elgin
Subject Lands:
Part of Lots 1 and 2, R.P. 263 and
Part of Lots 2&3, Concession 6
Part 1, 11R-3198
Geographic Township of Yarmouth,
Municipality of Central Elgin
Date of Decision:
2018
Date of Notice:
2018
Last Date of Appeal:
2018
Lapsing Date:
2021
plan prepared contains sufficient geodetic information to locate the plan within the
UTM Coordinate System, North American Datum 1983, prior to submitting the plan
for final approval. A digital copy of the final plan, in a form satisfactory to the
Municipality, is required as part of the final plan submission.
6. Inauguration, or extension of a piped water supply, a sewage system or a storm
drainage system, is subject to the approval of the Ministry of the Environment
Conservation and Parks under Sections 52 and Section 53 of the Ontario Water
Resources Act.
7. The owner is hereby advised that the review of this plan of subdivision did not include
groundwater, soil or atmosphere testing to fully discount the possibility that waste
materials and/or other contaminants are present within or in close proximity to this
subdivision. If either the owner or the Municipality requires such assurance before
proceeding with this plan of subdivision, a team of consultants should be retained to
conduct any necessary investigations.
8. The Ministry of the Environment Conservation and Parks must be advised
immediately should waste materials or other contaminants be discovered during the
development of this plan of subdivision. If waste materials or contaminants are
discovered, a further approval under Section 46 of the Environmental Protection Act
may be required from that Minister.
9. The owner is advised that if any unplugged petroleum wells or associated works are
identified during the development of the site, the owner shall notify the Petroleum
Resources Centre of the Ministry of Natural Resources and Forestry. The owner
shall plug the wells and rehabilitate the surface according to the Provincial Standards
of the Oil, Gas and Salt Resources Act. The Ministry of Natural Resources and
Forestry recommends that no structures be built immediately over a plugged
petroleum well.
10. Should the owner or the Municipality require underground Bell Canada facilities to
serve this subdivision, the owner must confirm with the Municipality that satisfactory
arrangements have been made with Bell Canada for underground services. The
owner is also advised that, should any conflicts with the existing Bell Canada facilities
or easements arise, the owner shall be responsible for realignments or relocation.
Further, the owner is to provide easements as required to service this subdivision.
26
Applicant:
Cyril J. Demeyere Ltd.
Date of Notice:
Kemsley Farm Subdivision
File No.:
34T-CE1702
Municipality:
Central Elgin
Subject Lands:
Part of Lots 1 and 2, R.P. 263 and
Part of Lots 2&3, Concession 6
Part 1, 11R-3198
Geographic Township of Yarmouth,
Municipality of Central Elgin
Date of Decision:
2018
Date of Notice:
2018
Last Date of Appeal:
2018
Lapsing Date:
2021
11. It is suggested that the Municipality register the subdivision agreement as provided by
subsection 51(26) of the Planning Act, against the land to which it applies, as notice
to prospective purchasers.
12. Clearances are required from the following agencies:
Mr. Donald Leitch, CAO/Clerk
Municipality of Central Elgin
450 Sunset Drive
St. Thomas, ON N5R 5V1
Delivery Services Officer
Delivery Planning
Canada Post Corporation
955 Highbury Ave
London, ON N5Y 1A3
Mr. Joe Gordon, Director of Operations
Kettle Creek Conservation Authority
44015 Ferguson Line
St. Thomas, ON N5P 3T3
If the agency's condition concerns a clause in the subdivision agreement, a copy of
the agreement should be sent to them. This will expedite clearance of the final plan.
A copy of the agreement is also required by the County of Elgin.
13. All measurements on subdivision and condominium final plans must be presented in
metric units.
The final plan must be submitted digitally in AutoCAD (DWG) and Portable Document
Format (PDF) with the appropriate citation from the Planning Act used.
The AutoCAD (DWG) file must be consistent with the following standards:
• Georeferenced to the NAD83 UTM Zone 17M coordinate system.
• All classes of features must be separated into different layers.
Each layer should be given a descriptive name so that the class of feature it
contains is recognizable.
27
Applicant:
Cyril J. Demeyere Ltd.
Date of Notice:
Kemsley Farm Subdivision
File No.:
34T-CE1702
Municipality:
Central Elgin
Subject Lands:
Part of Lots 1 and 2, R.P. 263 and
Part of Lots 2&3, Concession 6
Part 1, 11R-3198
Geographic Township of Yarmouth,
Municipality of Central Elgin
Date of Decision:
2018
Date of Notice:
2018
Last Date of Appeal:
2018
Lapsing Date:
2021
The final plan approved by the County of Elgin must include the following paragraph
on all copies (3 mylars and 4 paper) for signature purposes:
Approval Authority Certificate
This final plan of subdivision is approved by the County of Elgin under Section 51
(58) of the Planning Act, R. S. O. 1990, on this day of 20
Manager of Planning
14. The approval of this draft plan of subdivision File No. 34T-CE1702 will lapse on
, 2021, pursuant to subsection 51(32) of the Planning Act, as amended. It
is the responsibility of the owner to request an extension of the draft approval if one is
needed. A request for extension should be made at least 60 days before the
approval lapses since no extension can be given afterthe lapsing date. The request
should include the reasons why an extension is needed and a resolution in support of
the extension from Council of the Municipality of Central Elgin.
15. The final plan approved by the County of Elgin must be registered within 30 days or
the County may withdraw its approval under subsection 51(59) of the Planning Act.
W
Legend
Property of Interest
Kemsley Subdivision
Municipality of Central Elgin
29
Projection: NAD 83 UTM Zone 17. Date: October 8, 2018
DISCLAIMER: This drawing is neither a legally recorded
map nor a survey and is not intended to be used as one.
/Urrl'i/YOM .
d
F° REPORT TO COUNTY COUNCIL
FROM: Michele Harris, Director of Homes and Seniors Services
DATE: October 1, 2018
SUBJECT: Attending Physician Agreement —Terrace Lodge
INTRODUCTION:
The Attending Physician agreement is a requirement of the Long -Term Care Homes Act,
2007 and Ontario Regulations 79/10 for the provision of medical services to the residents of
Bobier Villa, Elgin Manor and Terrace Lodge.
DISCUSSION:
The Homes have the following attending physician agreement in place to provide medical
services to the residents of the Homes:
• Dr. Elsie Osagie — Terrace Lodge
CONCLUSION:
Staff is recommending a one (1) year renewal agreement, with no revisions, for the attending
physician agreement with Dr. Elsie Osagie.
RECOMMENDATION:
THAT Council authorize staff to sign the one (1) year attending physician agreement from
October 28, 2018 to October 27, 2019 with Dr. Elsie Osagie for the provision of medical
services to residents of Terrace Lodge.
All of which is Respectfully Submitted Approved for Submission
Michele Harris Julie Gonyou
Director of Homes and Seniors Services Chief Administrative Officer
30
I
ATTENDING PHYSICIAN A E ENT
THIS AGREEMENT made this day of 12018.
CORPORATION OF THE COUNTY OF ELGIN
A municipal body operating a Home for the Aged known as Terrace Lodge
(hereinafter referred to as the "Home")
ELSIE OSAGIE
(hereinafter referred to as the "Attending Physician")
WHEREAS the Long -Term Care Homes Act, 2007 requires that there be a contract
between a Home and its Attending Physicians;
AND WHEREASthe Attending Physician wishes to enter into an Agreement with the
Dome to perform the services described below.
NOW THEREFORE in consideration of the covenants and agreements hereinafter
contained, the parties agree as follows:
1.0 Except as hereinafter provided, this agreement shall remain in place for a period of
one (1) year from the date first written above and is subject to the termination
provisions set out below.
2.0 The dome shall:
2.1 Make available to the Attending Physician copies of applicable legislation and
policies; and
2.2 Provide the Attending Physician with access to the Home and cooperation
from staff when carrying out the responsibilities listed below.
3.0 The Home agrees to indemnify and save harmless the Attending Physician from
any claims, demands, damages or actions brought against the Attending Physician
in relation to the provision of services by employees of the Home who are not
acting under the instructions of or under the direction of the Attending Physician.
4.0 The Attending Physician:
4.1 Shall be a legally qualified medical practitioner licensed to practise medicine
in Ontario;
31
4.2 Shall obtain and maintain in full force and effect during the term of this
Agreement current and valid malpractice protection;
4.3 Shall be appointed by the Director of Homes and Seniors Services on the
advice of the Medical Director;
4.4 Shall have hospital privileges in a local community hospital;
4.5 Shall be accountable to the Medical Director for meeting the Homes' policies,
standards, and protocols of medical care, including those set out in Appendix
"A", which is attached hereto and forms part of this Agreement;
4.6 Shall assess, plan, implement and evaluate the resident's medical care,
develop a medical plan of treatment for the residents and participate in the
interdisciplinary approach to care;
4.7 Shall document on the resident's health record upon admission and upon
each subsequent visit, to maintain continuity and ongoing evaluation of all
medical services as these relate to clinical diagnosis;
4.8 Shall endeavour in good faith to provide or make arrangements for
reasonable on-call coverage for residents for whom he or she provides
medical care;
4.9 Shall, when not personally available to take calls, advise the Home of
emergency medical services which may be utilized; and
4.10 Shall be available to the Home an average of once per week in order to carry
out his or her responsibilities under this Attending Physician Agreement.
5.0 The Attending Physician shall notify the Director of Homes and Seniors Services
and Medical Director in the event that he or she is no longer available to care for a
resident, so that alternative medical coverage can be arranged.
6.0 The Attending Physician agrees to indemnify and save harmless the Home from
any claims, demands, damages or actions brought against it directly relating to the
provision of physician services by the Attending Physician pursuant to this
Agreement.
7.0 This Agreement may be terminated by either party on at least one hundred twenty
(120) days written notice to the other; provided that in the event of default in
respect of obligation hereunder, this agreement maybe terminated on thirty (30)
days written notice by the party not in default to the party in such default, within
which thirty (30) day period the party in default shall have seven (7) days to end
and/or remediate such default.
In the event that the Attending Physician becomes unable to perform his or herr
duties for a period of one hundred twenty (120) consecutive days due to physical,
32
psychological or mental illness or condition, the Home may terminate this
Agreement on thirty (30) days written notice to the Attending Physician.
In the event of death of the Attending Physician, the within Agreement shall be
deemed to be terminated as of date of death.
3.0 This Agreement may be amended by written agreement signed by the parties and
attached hereto, and such amendments shall be adhered to and have the same
force as if they had originally formed part of this Agreement.
IN WITNESSthe parties have executed this Agreement, either personally
or by hand of duly authorized officers, at St. Thomas, Ontario, this day of
, ////' 601 /yV.
Signed, Sealed, and Delivered
In the Presence of
Witness:
tE�W
Per:
Name: ®avid Marr
Position: Warden
Name: Julie Gonyou
Position: Chief Administrative Officer
Name: Michele Harris
Position: Director of Homes & Seniors Services
We have the authority to bind the Corporation
Name: )
Per:
33
APPENDIJX
"A"
(a) completing a written medical history and physical examination, within seven (7)
days of the resident's admission to the Horne;
(b) providing medication, diet and treatment orders upon notification of the resident's
admission and visiting the resident within seven (7) days of admission;
(c) reviewing the resident's diet, medications, treatments, orders and update progress
notes at least once every three (3) months;
(d) visiting the resident as frequently as deemed necessary by the resident's health
status and in accordance with the Home's policy and shall attend to any problems,
write appropriate orders and/or progress notes at the time of the visit;
(e) countersigning all verbal orders / directions within thirty (30) days;
(f) completing and documenting an annual medical examination for each resident
under his or her care;
(g) complying with applicable provincial legislation;
(h) providing an opportunity for the resident / substitute decision -maker to participate
fully in the development and revision of the resident's medical care plan;
(i) communicating with the resident, resident's family or substitute decision -maker as
appropriate, and providing information to them regarding the resident's health
status. Documentation on the progress notes of such communication shall be
completed;
(j) referring residents to the appropriate medical consultants and/or other health
practitioners (ie physiotherapists, occupational therapists, social workers, speech
therapists) when indicated;
(k) where the physical or mental condition of a resident is such that the resident
cannot properly be cared for in the Home, documenting such and attempting to
arrange for the resident to be admitted to a general hospital or other facility best
suited to provide the care required by the resident;
(1) liaising with local hospital(s) to facilitate admission(s) and referrals to specialists;
(m) making reasonable efforts to provide to residents under his or her care, the
following:
® participation at care conferences;
® communication with family / substitute decision -maker;
completion of transfer forms;
® telephone advice to Home's staff; and
® completion of resident -specific Ministry of Health forms.
34
(n) requisitioning diagnostic services as the resident's condition warrants;
(o) following the Home's policies on documentation with special reference to the
interdisciplinary approach, transfer information and discharge orders;
(p) ensuring that all of his or her documentation is current, clear, legible, dated and
signed;
(q) participation in team discussions regarding advance directives with residents
and/or families / substitute decision -makers; and
(r) communicating with the Medical Director with respect to infection disease
surveillance in the Home.
35
I0=Z in
WIM
AMENDING AGREEMENT
CORPORATION OF THE COUNTY OF ELGIN
A municipal body operating a Home for the Aged known as Terrace Lodge
(hereinafter referred to as the "Home")
ELSIE OSAGIE
(hereinafter referred to "Attending Physician")
WHEREAS the Corporation of the County of Elgin and Elsie Osagie (the "Parties")
entered into a contract (the "Contract") dated , 2018, for the purpose of
amendment to Appendix "A" of the Attending Physician Agreement;
AND WHEREAS the Parties desire to amend the Contract on the terms and conditions
set forth in this Amending Agreement (the "Agreement");
AND WHEREASthis Agreement is the first amendment to the Contract.
NOW THEREFORE in consideration of the Parties agreeing to amend their obligations
in the existing Contract, and other valuable consideration, the receipt and sufficiency of
what is hereby acknowledged, both Parties agree to keep, perform, and fulfill the
promises, conditions and agreements below:
1.0 Amendment
The Contract is amended as follows:
a) The following provision is hereby added immediately to Appendix "A" of the
Attending Physician Agreement after section "r)° of the Agreement:
"The Attending Physician shall review and sign annually the Medical
Directive for the administration of the Influenza Vaccine to the domes'
staff as delegated to the Domes' Registered Staff. The Dome shall
ensure that informed consent is given prior to the administration of the
vaccine as per current Public Health Guidelines. The County shall
annually review policies and procedures to ensure alignment with
Public Health and Best Practice Guidelines".
36
DN WITNESS WHEREOF the Parties hereto have executed this addendum to the
Attending Physician Agreement, as signed on , 2013 either
personally or by hand of duly authorized officers at St. Thomas, Ontario this day
of , 2013.
Signed, Sealed, and Delivered
In the Presence of
Witness:
Name:
Per:
Name: David Marr
Position: Warden
Name: Julie Gonyou
Position: Chief Administrative Officer
Per:
Name: Michele Harris
Position: Director of Homes & Seniors Services
We have the authority to bind the Corporation
37
l;i
/Urrl'i/YOM .
d
[9° REPORT TO COUNTY COUNCIL
FROM: Michele Harris, Director of Homes and Seniors Services
Mike Hoogstra, Purchasing Coordinator
DATE: October 1, 2018
SUBJECT: Illuminated Ground Signs —Contract Award
INTRODUCTION:
A capital project was created for the replacement of the exterior signs at Bobier Villa and
Elgin Manor. The existing signs are in need of replacement. This report details the steps
taken with a recommendation to award the contract.
DISCUSSION:
A Request for Proposal for new Illuminated Ground Signs at Bobier Villa and Elgin Manor
was issued and closed on September 6, 2018. A total of seven (7) proposals were
received. An evaluation committee consisting of the Director of Homes and Seniors
Services, Manager of Corporate Facilities and Purchasing Coordinator was created to
review the proposals.
The committee members individually scored each proposal based on the following criteria
that was listed in the RFP:
➢ Proposed sign design;
➢ Experience and references;
➢ Overall proposal submission, additional recommendations;
➢ Schedule/Timelines;
➢ Pricing / Total Overall Cost.
From the initial scoring results a preferred design and Proponent was identified. Staff is
recommending that Excellent Signs and Displays, the highest scoring firm be selected.
Excellent Signs and Displays will be providing a single sided sign for Bobier Villa and a
double sided sign for Elgin Manor. The new sign design is similar to the County
Entrance Signs and includes a colour message board to advertise events, programs
and job/volunteer opportunities at each home. The total cost for the two signs is
$52,264 plus HST. The total approved budget for this project is $60,000.
Images of the proposed signs are shown below:
A third sign for Terrace Lodge will look identical and will be included with the proposed
redevelopment/rebuild.
CONCLUSION:
Excellent Signs and Displays is being recommended to design, supply and install new
exterior signs for Bobier Villa and Elgin Manor. The signs will be installed in the
approximate location of the existing signs and will be illuminated at night with LED lighting
and colour message boards. Installation of the signs is scheduled for December.
RECOMMENDATION:
THAT Excellent Signs and Displays be selected as the supplier of new Illuminated Ground
Signs for Bobier Villa and Elgin Manor at a total cost of $52,264 plus HST.
All of which is Respectfully Submitted,
Michele Harris
Director of Homes and Seniors Services
Mike Hoogstra
Purchasing Coordinator
39
Approved for Submission,
Julie Gonyou
Chief Administrative Officer
n! afvfejj;�'
flgin REPORT TO COUNTY COUNCIL
1 w rae'h 4d Wer 1M',r bFCr
FROM: Michele Harris, Director of Homes and Seniors Services
DATE: October 4, 2018
SUBJECT: Homes — Program and Therapy Services Policy and Procedure Manual
Review and Revisions
INTRODUCTION:
Departmental policy and procedure manuals ensure consistency and quality in the
services provided by Elgin County Homes and Seniors Services. As per the Long -Term
Care Homes Act (LTCHA), 2007, policies and procedures are to be reviewed annually.
This ensures inclusion of Best Practice, health and safety requirements and aligns with
the LTCHA and Regulations.
DISCUSSION/CONCLUSION:
The Homes Policy Manual for Program and Therapy Services has been reviewed and
revised. The revised manual includes revisions to the following policies and procedures:
• 1.0 Statement of Purpose — grammatical corrections, addition of Continuous
Quality Improvement (CQI)
• 1.1 New Staff Orientation — grammatical corrections, Surge Learning
• 1.1A New Staff Orientation Checklist - Behavioural Supports Ontario (BSO),
Addition of mandatory education
• 1.2 Orientation to Program and Therapy Services — physical exercise
programming, website and monthly e-mail calendar distribution
• 1.3 Professional Development — mandatory education, grammatical correction
• 1.4 Program area Maintenance —Workplace Hazardous Material Information
System (WHMIS) update, grammatical corrections
• 1.6 Interdisciplinary Teamwork —grammatical corrections, minor wording
updates
• 1.7 Infection Control — addition of influenza, consultation with nursing, minor
wording updates
• 1.11 Continuous Quality Improvement — feedback from resident and family
council, minor wording updates, addition of annual program evaluations
• 2.1 Assessment and Documentation — addition of revised multidisciplinary
care conference documentation
• 2.3 Statistical Management — audit programming, review of programs, minor
wording updates
• 3.0 Spiritual and Religious Care Program — Ontario Multifaith Council (OMC)
revised to Canadian Multifaith Federation
• 3.2 Memorial Services and Condolences — minor wording updates
• 4.0 Hair Care Services — notification of an alteration in service protocol
• 5.1 Family Council — addition of calendar e-mail distribution, special events
• 5.2 Auxiliary and Tuck Shop — addition of staff representative
40
The County of Elgin Homes Manager of Program and Therapy Services has reviewed
and approved the revisions which align with the LTCHA, 2007 and Regulations,
Therapeutic Recreation Standards of Practice, improve resident and staff safety and
service delivery.
The policy manual in its entirety and the noted policy revisions may be reviewed through
the County Website loee®portal/
RECOMMENDATIONS:
THAT Council approve the County of Elgin Homes and Seniors Services Program and
Therapy Services Policy Manual review and revisions for 2018; and,
THAT the report titled "Homes —Program and Therapy Services Policy and Procedure
Manual Review and Revisions" from the Director of Homes and Seniors Services, dated
October 4, 2018, be received and filed.
All of which is Respectfully Submitted Approved for Submission
Michele Harris Julie Gonyou
Director of Homes and Seniors Services Chief Administrative Officer
41
w, rmllllyij J
flgin
1 wrae'h 4dWer 1M',r REPORT TO COUNTY COUNCIL
bFCr
FROM: Jim Bundschuh, Director of Financial Services
DATE: October 9, 2018
SUBJECT: Federal Gas Tax
INTRODUCTION:
The Federal Gas Tax allocation is adjusted every five years based on the latest census
data.
DISCUSSION:
In 2018 the County received $1,578,000 in Federal Gas Tax funding. In 2019, the
funding distribution between provinces and municipalities will once again be modified to
factor in relative population growth based on the 2016 census. This resulted in a
$59,000 reduction down to $1,519,000 in Elgin County's 2019 allocation and will be
included in the 2019 budget. The reduction is the result of the County population growing
1% from 2011-2016 as compared to the provincial average of 4.6%.
RECOMMENDATION:
THAT the report titled "Federal Gas Tax" from the Director of Financial Services, dated
October 9, 2018, be received and filed.
All of which is Respectfully Submitted Approved for Submission
Jim Bundschuh Julie Gonyou
Director of Financial Services Chief Administrative Officer
:,
w, rmllllyij J
flgin
1 wrae'h 4dWer 1M',r REPORT TO COUNTY COUNCIL
bFCr
FROM: Peter Dutchak, Deputy Director of Engineering Services
DATE: October 3, 2018
SUBJECT: Port Bruce Bridge Replacement— Engineering Services RFP
INTRODUCTION:
The replacement of the collapsed Port Bruce Bridge will begin with the procurement of
engineering services to complete the planning, design and project management of the
new bridge. This report includes a draft Request for Proposal (RFP) following the
County's Procurement Policy for Council's approval.
DISCUSSION:
As Council is aware, the Port Bruce Bridge collapsed on February 23, 2018. County
Council directed staff to install a temporary structure to restore a second access to the
village. A temporary, single lane, panel bridge was installed 150m east of the collapsed
bridge and opened to traffic on August 20, 2018.
The process to construct a permanent replacement for the collapsed bridge begins with
the procurement of engineering services. The attached draft RFP dictates a process
that includes, but is not limited to the following work activities:
• Completion of a Municipal Class Environmental Assessment
• Liaison with approval agencies
• Topographic Survey, Geotechnical Soils Analysis and Hydrological Study
• Preliminary design concepts (minimum of 2)
• Evaluation and recommendation of preferred design
• Public Information Session
• Detailed design, construction tender package creation and detailed estimate
• Full time construction inspection and contract administration
The proposed project schedule will complete planning, consultation and design during
2019 with construction scheduled during 2020 and commissioning by the end of 2020.
Submissions will be scored with a "2 envelope" system where costs are included in the
second envelope and only opened if a minimum passing score is achieved in the first
envelope. The submissions will be rated by the Deputy Director of Engineering, the
Purchasing Coordinator and the City of St. Thomas' City Engineer who has agreed to
assist in the process.
43
CONCLUSION:
Staff has prepared a draft RFP to procure engineering services to design and construct
the collapsed Port Bruce Bridge. The draft RFP is attached to this report for Council's
approval.
RECOMMENDATIONS:
THAT staff advertise the attached Request for Proposal following the County's
Procurement Policy to procure Engineering Services for the replacement of the
collapsed Port Bruce Bridge; and,
THAT staff report to back to County Council, recommending a successful bidder.
All of which is Respectfully Submitted Approved for Submission
Peter Dutchak Julie Gonyou
Deputy Director of Engineering Services Chief Administrative Officer
Progrewive, �j/ Nature
ENGINEERING SERVICES
REPLACEMENT OF PORT BRUCE BRIDGE
REQUEST FOR PROPOSAL
No. 2018-33
Closing Date and Time:
November 8, 2018 @ 3:00 p.m. (local time)
Issued: October 17, 2018
County of Elgin
450 Sunset Drive
2nd Floor, Financial Services
St. Thomas, ON N5R 5V1
45
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REQUEST FOR PROPOSAL NO. 2018-33
ENGINEERING SERVICES- REPLACEMENT OF PORT BRUCE BRIDGE
INDEX
DEFINITIONS AND INTERPRETATIONS.................................................................................................... 3
SECTION 1.0 -
INFORMATION TO PROPONENTS.................................................................................... 4
1.1
Introduction and Background........................................................................................4
1.2
Proposal Format and Delivery....................................................................................... 4
1.3
Designated Official......................................................................................................... 5
1.4
Questions / Inquiries...................................................................................................... 5
1.5
Addenda..........................................................................................................................5
1.6
RFP Schedule of Events.................................................................................................. 6
SECTION 2.0 -TERMS OF REFERENCE..................................................................................................... 7
2.1
Background.....................................................................................................................
7
2.2
Scope of Services............................................................................................................7
Proposal Submission Requirements - ENVELOPE 1 ...................................................12
2.3
General Design Requirements....................................................................................... 8
2.4
Reporting Schedule......................................................................................................
10
2.5
Project Schedule...........................................................................................................10
3.5
2.6
Deliverables..................................................................................................................11
3.6
2.7
Information provided by the County...........................................................................11
3.7
SECTION 3.0 - PROPOSAL REQUIREMENTS..........................................................................................
12
3.1
Proposal Submissions...................................................................................................12
18
3.2
Proposal Submission Requirements - ENVELOPE 1 ...................................................12
3.3
Financial Submission Requirements - ENVELOPE 2 ....................................................
13
3.4
Evaluation Process........................................................................................................14
3.5
Evaluation Criteria........................................................................................................14
3.6
Ratings...........................................................................................................................15
3.7
Presentation and Interview.........................................................................................16
20
SECTION 4.0 - GENERAL CONDITIONS..................................................................................................18
4.1
Rights of the County.....................................................................................................
18
4.2
Conflict of Interest........................................................................................................18
4.3
Modified Proposals.......................................................................................................
19
4.4
Disqualification of Proponents....................................................................................19
4.5
Confidentiality..............................................................................................................19
4.6
Proposal Assignments..................................................................................................19
4.7
Purchasing Policy..........................................................................................................
20
4.8
Failure to Perform........................................................................................................
20
4.9
Agreement....................................................................................................................20
4.10
Insurance Requirements..............................................................................................20
4.11
Indemnification.............................................................................................................
21
4.12
Compliance with the Accessibility for Ontario with Disabilities Act 2005 .................
21
1
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REQUEST FOR PROPOSAL NO. 2018-33
ENGINEERING SERVICES— REPLACEMENT OF PORT BRUCE BRIDGE
4.13 Disqualification............................................................................................................. 21
4.14 Record and Reputation................................................................................................ 21
4.15 Proponent's Costs......................................................................................................... 22
4.16 Legal Matters and Rights of the County...................................................................... 23
4.17 Human Rights, Harassment and Occupational Health and Safety ............................ 24
4.18 Clarification...................................................................................................................24
4.19 Supplementary Information........................................................................................ 24
SECTION 5.0 - FORM OF PROPOSAL...................................................................................................... 25
5.1 DECLARATION...............................................................................................................25
5.2 PRICE FORM.................................................................................................................. 26
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RETURN ADDRESS LABEL— ENVELOPE 2.............................................................................................. 31
2
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REQUEST FOR PROPOSAL NO. 2018-33
ENGINEERING SERVICES- REPLACEMENT OF PORT BRUCE BRIDGE
DEFINITIONS AND INTERPRETATIONS
The following definitions apply to the interpretation of the Request for Proposal Documents;
1. "Addenda or Addendum" means such further additions, deletions, modifications or other
changes to any Request for Proposal Documents.
2. "Authorized Person" means;
i. For a Proponent who is an individual or sole proprietor that person.
ii. For a Proponent which is a partnership, any authorized partner of the Proponent.
iii. For a Proponent which is a corporation:
a) any officer of director of the corporation; and
b) any person whose name and signature has been entered on the document
submitted with the Request for Proposal, as having been authorized to
participate in the completion, correction, revision, execution, or withdrawal of
the submission, whether that person is or is not an officer or director.
iv. For a Proponent that is a joint venture, the submission shall be signed by a person for
and on behalf of each joint venture or, if they warrant that they have the authority
vested in them to do so, one person so authorized may sign on behalf of all joint
venture's.
3. "Consultant" means the Proponent whose proposal has been approved by the County and
who will complete the project.
4. "County" refers to the Corporation of the County of Elgin.
5. "Proposal" means the Response in the form prescribed by this Request for Proposal
Document and completed and submitted by a Proponent in response to and in compliance
with the Request for Proposal.
6. "Proponent" means the legal entity submitting a proposal.
7. "Request for Proposal (RFP)" means the document issued by the County in response to
which Proponents are invited to submit a proposal that will result in the satisfaction of the
County's objectives in a cost effective manner.
8. "Successful Proponent" means the Proponent whose proposal has been approved by the
County.
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REQUEST FOR PROPOSAL NO. 2018-33
ENGINEERING SERVICES— REPLACEMENT OF PORT BRUCE BRIDGE
SECTION 1.0 - INFORMATION TO PROPONENTS
1.1 Introduction and Background
The County of Elgin is inviting proposals from Consulting Engineering firms to undertake the
preliminary engineering, Environmental Assessment, detailed design, inspection and administration
for the replacement of the Port Bruce Bridge on Imperial Road in Port Bruce, within Malahide
Township.
It is the intent of the County to secure an Engineering firm who will be the County's prime consultant
for this project.
The successful Engineering firm will possess the requisite technical skills to deal with the matters to
be addressed in the following tasks and will be required to work directly with County staff, the public
and other agencies in a professional manner. The firm, in addition to technical qualifications, must
exhibit skills such as timeliness, diplomacy, tact, strong communication ability and an understanding
of the County.
Further information regarding the scope of work is included in Section 2.0.
1.2 Proposal Format and Delivery
Proponents are required to submit three (3) sets of their proposal in two separate envelopes as
described in section 3.0. At least one set must carry original signatures and be marked as MASTER.
Additional sets may be a photocopy and marked as "DUPLICATE". All copies must be delivered to the
Corporation of the County of Elgin, 450 Sunset Drive, 2nd Floor, Financial Services, St. Thomas, ON,
N5R 5V1.
Proposals must be received no later than 3:00 p.m. on November 8, 2018. Proposals received at
3:00 p.m. as shown on the time stamp in the Financial Services Department are "on time" and will be
accepted. Proposals received at 3:01 p.m. or later, as shown on the time stamp in the Financial
Services Department will be considered late, will be rejected and returned unopened to the
respective Proponent. The time stamp in Financial Services Department is the official time for the
deadline for submission. No other clock or source of time will be recognized when considering the
submission date and time of proposals to Financial Services.
This is a sealed proposal. All proposals shall be submitted in two separate sealed envelopes as
described in section 3.0 with the submission label as provided firmly affixed to the outside of the
envelope or package. All envelopes or packages must have Proponent's name and address where
indicated and envelopes must be sealed.
Proposals will be officially opened after closing time. Only the names of those Proponents submitting
a proposal will be read out at the public proposal opening. No prices are to be read out, however,
only once the award is made and approved by Council, the report recommending such award shall be
a matter of public record, unless otherwise determined by Council.
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REQUEST FOR PROPOSAL NO. 2018-33
ENGINEERING SERVICES- REPLACEMENT OF PORT BRUCE BRIDGE
A Proponent may request that their proposal be withdrawn. Withdrawal shall only be allowed if the
Proponent makes the request in writing and the request is delivered to the Purchasing Coordinator
before the RFP closing time.
Proposals confirmed as withdrawn shall be returned unopened to the Proponent. The withdrawal of
a proposal does not disqualify a Proponent from submitting another proposal prior to the closing
time.
The County shall not be liable for any cost of preparation or presentation of proposals, and all
proposals and accompanying documents submitted by the Proponent become the property of the
County and will not be returned. There will be no payment to Proponents for work related to, and
materials supplied in the preparation, presentation and evaluation of any proposal, nor for the
Contract negotiations whether they are successful or unsuccessful.
The County, its elected officials, employees and agents shall not be responsible for any liabilities,
costs, expenses, loss or damage incurred, sustained or suffered by any Proponent, prior or
subsequent to, or by reason of the acceptance, or non-acceptance by the County of any proposal, or
by reason of any delay in the acceptance of any proposal.
1.3 Designated Official
For the purpose of this contract, Mike Hoogstra is the "Designated Official' and shall perform the
following functions: releasing, recording, and receiving proposals, recording and checking of
submissions; answering queries from perspective proponents, considering extensions of time,
reviewing proposals received, ruling on those not completing meeting requirements and coordinating
the evaluation of the responses.
1.4 Questions / Inquiries
All inquiries regarding this RFP shall be directed through the Bidding System online by clicking on the
"Submit a Question" button for this bid opportunity. All questions shall be submitted in writing with
ample time before the deadline for submissions. Questions submitted through the bidding system
are directed to the Designated Official.
No clarification requests will be accepted by telephone. Responses to clarification requests will be
provided to all interested parties. Inquiries must not be directed to other County employees or
elected officials. Directing inquiries to other than the Designated Official may result in your
submission being rejected.
1.5 Addenda
The Designated Official will issue changes to the RFP Documents, which may include amendments to
the submission deadline or changes in the Scope of Work or Qualifications of Proponents, by
addendum only. No other statement, whether oral or written, made by the County will amend the
RFP Documents. The County will make every effort to issue all addenda no later than three (3) days
prior to the closing date.
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REQUEST FOR PROPOSAL NO. 2018-33
ENGINEERING SERVICES- REPLACEMENT OF PORT BRUCE BRIDGE
The Proponent shall not rely on any information or instructions from the County or a County
Representative except the RFP Documents and any addenda issued pursuant to this Section.
The Proponent is solely responsible to ensure that it has received all addenda issued by the County.
Proponents may in writing seek confirmation of the number of addendum issued under this RFP from
the Purchasing Coordinator.
All Proponents are advised that any Addenda issued will only be posted on the bidding system
website: https://el incounty. i san enclers.ca
It is the sole responsibility of each Proponent to check the website for any and all Addenda that have
been issued for this RFP.
The Proponent shall acknowledge receipt of all addenda on the Form of Proposal — Declaration Form.
Failure to complete the acknowledgement may result in rejection of the proposal.
1.6 RFP Schedule of Events
The RFP process will be governed according to the following schedule. Although every attempt will
be made to meet all dates, the County reserves the right to modify or alter any or all dates at its sole
discretion by notifying all Proponents in writing at the address indicated in the completed RFP
submitted to the County.
Issue RFP: October 17, 2018
Last Date for Questions: November 1, 2018
RFP Close: November 8, 2018
Interviews/Presentations: TBD
Award of Contract: December 13, 2018
*Dates noted above are an approximation only and are subject to change.
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REQUEST FOR PROPOSAL NO. 2018-33
ENGINEERING SERVICES— REPLACEMENT OF PORT BRUCE BRIDGE
SECTION 2.0 - TERMS OF REFERENCE
2.1 Background
The Port Bruce Bridge was constructed in 1964 and was a 3 -span reinforced concrete structure. A
suspended or "drop in" precast girder centre span (46.6m) was supported by 2 cast in place post -
tensioned concrete cantilever spans (22.7m each) that extended from the abutments, over the pier
and into the centre span (see included drawings). Total former bridge span was 92m between the
centerlines of the abutment bearings, with a total width of 12.9m and total depth of 1.32m.
On February 23, 2018, the bridge collapsed as a loaded dump truck was driving across. The structure
has been subsequently removed entirely with exception of the south abutment, pier piles and north
abutment footings. A single lane panel bridge has been installed 150m downstream to provide
vehicular and pedestrian access across Catfish Creek until a new, permanent bridge is constructed.
2.2 Scope of Services
The scope of work is to provide complete project engineering, Environmental Assessment, design
concepts, final design, inspection and administration services to replace the collapsed Port Bruce
Bridge. The successful consultant will prepare a topographical survey of the site and complete soil
boreholes to assist in the design. A detailed hydrology study will be completed to design the new
structure to a 100 years storm return event. The submitted project schedule shall complete pre -
engineering investigations, design work, drawings, tender and approvals during 2019. The pre -
engineering phase will begin with an Environmental Assessment completed by the consultant. The
physical replacement of Port Bruce Bridge will occur during 2020. Therefore engineering services
under this contract will extend over a 2 year period.
The project included in these Terms of Reference will require engineering services to replace Port
Bruce Bridge following the most current edition of the Canadian Bridge Design Code and all Provincial
Standards. The most recent bridge inspection form is included with this document for the
proponent's information.
The consultant will be required to provide a work plan that outlines the proposed staffing
arrangements (and sub -consultants if required) to complete each task and the estimated number of
hours allocated to accomplish each task by staff person. The consultant will also provide an estimate
of expenses. The work plan must be agreed upon by the County prior to commencement of the
assignment. During the course of the assignment, the consultant will be required to monitor and
report monthly on changes between the estimated and actual number of staff hours required to
complete the assignment.
During the construction phase of the project, the consultant shall provide FULL TIME construction
inspection services and act on behalf of the County to be the direct contact person for all project
inquiries.
The cost submitted will be considered the upset limit and include all disbursement and miscellaneous
costs.
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All drawings are to be prepared in a computer-based format using the latest AutoCAD edition.
All documentation is to be as per the specifications of the Accessibility for Ontarians with Disabilities
Act.
Appropriate requirements of the Municipal Engineers Association "Municipal Class Environmental
Assessment (October 2000, as amended in 2007)"must be followed.
The consultant will be required to obtain and manage the services of any additional firms or sub -
consultants necessary to provide information required for the completion of the project. The
consultant must obtain and manage the services of a geotechnical firm.
The Proponent shall address all tasks and include the cost for all sub -consultants noted in the Terms
of Reference. The consultant shall not transfer task(s) or cost of task(s), to the County or act as a
coordinator between the County and sub -consultant or delete tasks in the RFP. The upset limit shall
be inclusive of all required tasks and sub -consultants identified in these Terms of Reference.
2.3 General Design Requirements
a) Conduct a project initiation meeting with the Project Team.
b) Complete a topographic survey for the work area as well as a full set of completed base plans.
c) Complete a detailed hydrology study to ensure the new structure meets the 100 years storm
return.
d) The Consultant will be required to liaise with and attend a reasonable number of meetings
with the appropriate authorities, including but not limited to the County, Municipality of
Malahide, Catfish Creek Conservation Authority, Long Point Conservation Authority, affected
utility companies, and other regulatory agencies, as required, to obtain their input and
requirements for the project. Provide the County with copies of all related correspondence.
For consistency among Proponents, the Consultant shall allow for a minimum of four (4)
project team meetings at the County Administration Building.
e) Confirm the present location of all utilities, services or other features that might be in conflict
with the proposed design.
f) Undertake field survey work required for:
➢ Estimation of quantities
➢ Assessment of underground features
g) Identify all existing services and utilities on the base drawings. Where conflicts between above
ground or underground services or utilities and the proposed work are expected, the
consultant shall arrange for and obtain accurate field ties for the services and/or utilities at
the conflict point.
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h) Design roadway and infrastructure in accordance with the Geometric Design Standards for
Ontario Highways (MTO), current edition.
Prepare and recommend alternative design concepts (minimum of 2) considering geometrics,
property limitations, vehicular/pedestrian and marine transportation, agency comments, cost
and environmental considerations.
j) Develop a methodology for evaluating each of the alternative concepts in an objective
manner for approval by the County.
k) Conduct a cost effectiveness analysis to determine the economic impacts of the alternative
concepts. This analysis is to include short and long-term life -cycle costs.
Evaluate each of the alternative concepts, including how well the concept meets appropriate
design standards, budget and environmental impacts.
m) Submit to the County design drawings in a timely manner for review and comment.
n) Conduct two (2) Public Information Centre Meetings. Based on the input from the Public
Information Meetings, the consultant shall incorporate, where possible, all comments and
concerns. All facility rental and advertising costs will be paid by the County. We anticipate
one meeting will occur at the 50% design stage and one meeting will occur prior to
construction.
o) Recommend a preferred design and phasing, as required.
p) Prepare detailed design drawings (1:250 scale) for construction. Cross sections (1:100 scale)
at even stations (10m intervals) and at all driveways are also required. Incorporate comments
raised by the County, agencies and the Public, where appropriate.
q) Prepare and submit a Design Summary report outlining the engineering requirements for the
design. The report will document the Class Environmental Assessment process followed. All
comments received from the public and the response to each are to be included in the report.
r) Submit application(s), plans, supporting documentation for any agency approval, as required.
Attend meetings at the offices of the agencies to discuss the design and provide explanations
for the purpose of furthering the application towards approval.
s) Submit plans, specifications, schedules and applications to the County and to appropriate
authorities in order to obtain all required approvals. Application fees will be paid by the
County.
t) Prepare contract documents (Special Provisions and Form of Tender) for the project including
detailed construction drawings, tender quantities, material lists, specifications and special
provisions. The County's standard Tender documents will be used for this project.
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u) Provide two complete sets of drawings and a digital copy of tender documents in Microsoft
Word format and one complete set of reproducible drawings for the project.
v) The consultant shall provide the County's Project Manager with a monthly financial report to
accompany invoices, indicating the status of the project with early identification of any
potential financial issues.
w) The consultant shall provide the County with an itemized construction cost estimate.
x) The consultant shall acknowledge that any expenditure beyond the upset limit will require
appropriate written approval.
2.4 Reporting Schedule
The reporting schedule will be as follows:
➢ 50% drawing submission including completed base plans, road alignment. Completion of
the draft Environmental Assessment. Alternative design concepts are also to be submitted
at this time. Preliminary costs estimate with each concept is also submitted.
➢ 100% drawing submission including all detail plans, removals, traffic plans, etc. Final
Environmental Assessment report. Preliminary form of tender and special provisions to be
included with the 100% submission.
➢ Final submission to include tender ready plans, specifications, form of tender and a detailed
construction cost estimate.
2.5 Project Schedule
The project schedule will be as follows:
➢ Kickoff Meeting
➢ Design Concept Review
➢ 50% Design Submission
➢ Public Information Session
➢ 100% Design Submission
➢ Construction Estimate
➢ Tender Ready
➢ Construction
January 2019
March 2019
June 2019
August 2019
October 2019
November 2019
January 2020
April — November 2020
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2.6 Deliverables
The deliverables for the project are summarized below:
➢ Report documenting the Class EA process and final EA report;
➢ Preliminary and detailed design plans as noted in the Reporting Schedule (2.3);
➢ Displays for public meeting;
➢ Newspaper notifications (County cost);
➢ Reports, memos, communications, etc., as may be required during the course of this
assignment;
➢ Approvals and permits from all external agencies to all construction to proceed;
➢ Two complete hardcopy sets of drawings and a digital copy of tender documents in
Microsoft Word format and one complete set of reproducible drawings for the project.
2.7 Information provided by the County
The County will supply the following items:
➢ Access to all available plans and reports (if available);
➢ Standard template for use in preparing specifications and form of tender;
➢ General direction to the Consultant in completing the services and granting of approvals as
necessary in a timely fashion;
➢ Review of information and plans prepared by the Consultant and comment in a timely
fashion;
➢ Other documentation as available.
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SECTION 3.0 - PROPOSAL REQUIREMENTS
3.1 Proposal Submissions
All proposal submissions must be submitted in two separate envelopes with the submission labels as
provided by the County of Elgin affixed firmly to the outside of each sealed envelope with all details
completed as required on the labels. The term envelope shall have the same meaning as "package".
Both separately sealed envelopes shall be submitted at the same time.
Any submissions which contain pricing information in Envelope 1 will be rendered informal and will
be disqualified. All information related to fees and expenses must be submitted in Envelope 2 only.
Failure to include the submission requirements may result in your proposal being disqualified.
3.2 Proposal Submission Requirements — ENVELOPE 1
The first address label entitled "Technical Proposal" shall be firmly affixed to outside of envelope one.
This envelope shall contain three (3) copies of the proposal marked "Duplicate" with one (1) copy
marked "Master" being an original document with original signature(s).
The submission shall be no longer than ten (10) single sided pages (Arial 12 font or equivalent),
excluding a schedule, appendix and Curricula Vitae. The proposal submissions must include at a
minimum the following information and shall be submitted in the same sequence in order to be
considered responsive.
a) Section 1: Overview
A narrative demonstrating the firm's understanding of the full scope of services, reasons why
the Proponent is interested in taking on this project, and its familiarity with the County of Elgin
and similar bridge construction projects.
b) Section 2: Work Program
Provide a detailed project work plan summarizing the approach and methodology for the
specific tasks proposed. The work plan shall include resources necessary to meet the project
objectives and shall indicate the tools and techniques that will be used to ensure the project
remains on budget and on schedule. The Proponent shall identify issues and risks associated
with the project, including deviations to the project plan and how they would handle and
manage the risks through the course of the project.
C) Section 3: Project Team — Own Personnel
Identify the Project Team proposed for the assignment. For each member of the Project
Team, confirm if the individual is a full-time, permanent employee of the Proponent and the
estimated number of hours allocated to accomplish each task by staff person.
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d) Section 4: Project Team — Specialist Consultants
Identify the other members of the Project Team proposed for the assignment. For each
member of the Project Team, identify specific role/specialty, the individual responsible, and
their specific experience as it pertains to this assignment.
Describe the organization of the Project Team. Demonstrate the experience and capability of
the members of the Project Team. Provide resumes for all members of the project team
clearly indicating that the personnel have experience in the provision of the Scope of Services;
identification of the personnel's education qualifications, professional affiliations, years of
experience in the field, and the number of years with the firm. It is important that your
Project Team show a proven track record in designing and detailing similar facilities and show
foresight in resolving problems before construction starts.
Provide confirmation that the individuals that will serve as the key personnel for the duration
of the project assignment are available to immediately commence on this project.
e) Section 5: Project Schedule
Provide a comprehensive project timeline / schedule in the form of a Gantt chart (or equal)
which identifies the proposed scheduling of all major project tasks as identified in the Terms
of Reference including scheduling of all milestones and any scheduling dependency
relationships between activities, tasks and/or phases of the project. Indicate any possible
areas that have flexibility to provide time and cost savings.
f) Section 6: Client References
Provide at least three (3) references the County may contact. References should be from
sources of similar project experience relevant to the requirements of this project and include
projects where various timelines and schedules were managed simultaneously and the
timeline and budget were met to deliver a successful project. Where the budget and timeline
were not met, include details regarding the challenges faced and the workarounds utilized in
order to complete the project.
g) Form of Proposal - Declaration
Include a signed and completed copy of the Form of Proposal — Declaration in envelope 1.
3.3 Financial Submission Requirements - ENVELOPE 2
The second address label entitled "Financial" shall be firmly affixed to the outside of envelope two.
This envelope shall contain one (1) completed and executed copy of the Price Form. Include per
diem rates and any other fees on a separate sheet. Your proposal must clearly state which services
are not included in your financial proposal.
The Price Form and per diem rates shall be submitted in a sealed envelope separate from the
Technical Requirements.
The total estimated cost including disbursements for the work proposed shall be considered in the
upset limit. Fees & expenses shall not include contingencies or HST.
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3.4 Evaluation Process
Each proposal will be evaluated on its clarity and the demonstrated understanding of the Project
requirements, the services proposed and timeframes, as well as the proponent's experience and the
anticipated benefit to Elgin County. A short list of firms may be created for purposes of an interview
or presentation, should this be required. Proponents may be contacted to explain or clarify their
proposals; however, they will not be permitted to alter information as submitted.
An Evaluation Committee will be established from members of the County of Elgin or any others as
deemed necessary.
Proposals will be evaluated on the basis of all information provided by the Proponent. Each proposal
will be reviewed to determine if the proposal is responsive to the submission requirements outlined
in the RFP. Failure to comply with these requirements may deem the proposal non-responsive.
Selection of a proposal will be based on (but not solely limited to) the following criteria and any other
relevant information provided by the Proponent at the time of submission as well as any additional
information provided during subsequent meetings with the Proponent.
In recognition of the importance of the procedure by which a Proponent may be selected, the
following criterion outlines the primary considerations to be used in the evaluation and consequent
awarding of this project (not in any order). The County reserves the right to evaluate and rank each
submission using criterion noted. Actual scores will be confidential.
The criteria below, outlines the broad specification for the proposed contract. The proposal
submissions contained in Envelope 1 will provide the necessary information required to evaluate the
submissions. The firms achieving a minimum score of 55/70 will be shortlisted and Envelope 2,
(Financial) will be opened for consideration.
3.5 Evaluation Criteria
Proposals will be evaluated based on the following weighted evaluation factors:
a) First Phase Scoring (Envelope 1)
Rated Criteria
Maximum
Weight
Points
Firm's Understanding of Project Objectives and Requirements
Demonstrated understanding of Work Program / Approach and
20
Methodology
30
Responsiveness to the RFP, completeness of submission
10
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Firm's Experience and Key Individuals Experience
Did not submit information
1
Project Manager's similar project experience
15
Very poor to unsatisfactory
Project Team's similar project experience (including sub -consultants)
15
30
References (Pass/Fail)
P/F
Addresses most of the requirements of the criteria to the minimum acceptable
Key Personnel Availability / Project Schedule
level. Lacking in critical areas.
5
Timely availability to work on our project and meet proposed
10
10
schedule
Adequately meets most of the requirements of the criteria. May be lacking in some
b) Second Phase Scoring (Envelope 2)
Cost of Work
Cost for overall project 30
Total Score 100
3.6 Ratings
For consistency, the following table describes the characteristics attributable to particular scores
between 0-10.
0
Did not submit information
1
Does not satisfy the requirements of the criteria in any manner
2
Very poor to unsatisfactory
3
Minimally addresses some, but not all of the requirement of the criteria. Lacking in
critical areas
4
Addresses most of the requirements of the criteria to the minimum acceptable
level. Lacking in critical areas.
5
Addresses most, but not all, of the requirements of the criteria to the minimum
acceptable level. May be lacking in some areas that are not critical.
6
Adequately meets most of the requirements of the criteria. May be lacking in some
areas that are not critical.
7
Fully meets all requirements of the criteria.
8
Exceeds the requirements of the criteria but in a manner which is not particularly
beneficial to the County's needs.
9
Exceeds the requirements of the criteria in ways that are beneficial.
Proposal exceeds the requirements of the criteria in superlative ways / very
10
desirable.
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The firms achieving a minimum score of 49 will be shortlisted and Envelope 2, (Financial) will be
opened for consideration.
Second Phase of Rating -The lowest fee proposed shall be awarded the full amount of points
available for the fee portion of the evaluation. All higher fees proposed shall be awarded points,
rounded to the closest full point for the fee portion of the evaluation by the following:
Lowest Fee _ Proposed Fee x Maximum Points = Total Cost Points.
It should be emphasized that pricing is only one of the factors being considered in determining the
most suitable Consultant.
In submitting a proposal, the Proponent acknowledges the County's right to accept other than the
lowest priced proposal and expressly waives all rights for damages or redress as may exist in common
law stemming from the County's decision to accept a proposal which is not the lowest price proposal,
if it is deemed to be in the County's best interest to do so.
All qualified proposal submissions will be reviewed and evaluated. Additional information may be
requested if necessary.
Only the ten (10) pages and schedule appendix of the proposal will be evaluated. Proponents must
include all relevant information in the required ten (10) page limit restriction.
3.7 Presentation and Interview
The County may have the two highest scoring Proponents attend an interview to present the
evaluation team with additional insight into the Proponent's ability to meet the requirements as
requested in the RFP. The County reserves the right to interview more or fewer than two Proponents
based on the scoring results.
The interviews would be conducted by the representatives of the Evaluation Committee at the
County Administration Building, 450 Sunset Drive, St. Thomas, Ontario N5R 5V1. Senior staff
members to be assigned to this project must be in attendance at the interview.
Presentations shall follow this general format:
➢ Introduction of Proponents Project Team (5 minutes)
➢ Proponent Presentation of the Proposal (15 minutes)
➢ Questions from Interview Committee (10 minutes)
➢ Questions from Proponents (5 minutes)
The Proponents will be notified of the final format and exact date and time for interviews /
presentations in advance.
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For the interview portion of the evaluation (if required), the County of Elgin will be using the rating
criteria shown below and will evaluate each short-listed Proponent only.
Interview Criteria and Weighting (Second Stage if required):
Criteria Category
Weighted Points
Presentation
25
Response to Questions
10
Total Weighted Points
35
The score from the proposal evaluations and the Interview will be combined to determine an overall
score.
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SECTION 4.0 - GENERAL CONDITIONS
4.1 Rights of the County
The County is not liable for any costs incurred by the Proponent in the preparation of their response
to the RFP or selection interviews, if required. Furthermore, the County shall not be responsible for
any liabilities, costs, expenses, loss or damage incurred, sustained or suffered by any Proponent, prior
or subsequent to, or by reason of the acceptance, or non-acceptance by the County of any proposal
or by reason of any delay in the award of the contract.
The County reserves the right to accept any proposal, in whole or in part, that it feels most fully meets
the selection criteria. Therefore, the lowest cost proposal, or any proposal may not necessarily be
accepted. County staff shall evaluate all compliant proposals received by the closing time and make
evaluations and recommendations for acceptance.
The County reserves the right to request specific requirements not adequately covered in their initial
submission and clarify information contained in the Request for Proposal.
The County reserves the right to modify any and all requirements stated in the Request for Proposal
at any time prior to the possible awarding of the contract.
The County reserves the right to cancel this Request for Proposal at any time, without penalty or cost
to the County. This Request for Proposal should not be considered a commitment by the County to
enter into any contract.
The County reserves the right to enter into negotiations with the selected Proponent. If these
negotiations are not successfully concluded, the County reserves the right to begin negotiations with
the next selected Proponent.
Proposals shall remain open and subject to acceptance for a period of ninety (90) days from closing
date.
In the event of any disagreement between the County and the Proponent regarding the
interpretation of the provisions of the Request for Proposal, the Director of Financial Services or an
individual acting in that capacity, shall make the final determination as to interpretation.
No proposal shall be accepted from any person or Proponent who, has a claim or has instituted a
legal proceeding against the County or against whom the County has a claim or has instituted a legal
proceeding, without the prior approval of County Council. This applies whether the legal proceeding is
related or unrelated to the subject matter of this RFP.
4.2 Conflict of Interest
The Proponent declares that no person, firm or corporation with whom or which the Proponent has
an interest, has any interest in this RFP or in the proposed contract for which this proposal is made.
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The Proponent further declares that no member of the Council of the County of Elgin and no officer
or employee of the County of Elgin will become interested directly or indirectly as a contracting party,
partner, shareholder, surety, or otherwise in or in the performance of the Contract or in the supplies,
work or business to which it relates, or in any portion of the profits thereof, or in any of the money to
be derived there from.
Should the Proponent feel that a conflict of interest or potential conflict of interest exists; the
Proponent must disclose this information to the County of Elgin prior to the submission of a proposal.
The County of Elgin may, at its discretion, delay any evaluation or award until the matter is resolved
to the County of Elgin's satisfaction. The County of Elgin may allow a conflict of interest or potential
conflict of interest to exist if it is satisfied that there are adequate safeguards in place and if the
County of Elgin determines that it is in its best interests to do so.
The County of Elgin reserves the right to disqualify a proposal where the County of Elgin believes a
conflict of interest or potential conflict of interest exists.
4.3 Modified Proposals
In the event that a preferred proposal does not entirely meet the requirements of the County, the
County reserves the right to enter into negotiations with the selected Proponent, to arrive at a
mutually satisfactory arrangement and to make any modifications to the proposal as are in the best
interests of the County.
4.4 Disqualification of Proponents
More than one proposal from an individual firm, partnership, corporation or association under the
same or different names will not be considered. Collusion between Proponents will be sufficient for
rejection of any proposals so affected.
4.5 Confidentiality
The proposal must not be restricted by any statement, covering letter or alteration by the Proponent
in respect of confidential or proprietary information. The County will treat all proposals as
confidential. The County will comply with the Municipal Freedom of Information and Protection of
Privacy Act, and its retention by-law pursuant to the Municipal Act, in respect of all proposals. All
Public Reports approved by the Council of the County will become public information.
4.6 Proposal Assignments
The successful Proponent will not be permitted to assign or transfer any portion of the proposal as
submitted or the subsequent agreement without prior written approval from the County.
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4.7 Purchasing Policy
Submissions will be solicited, received, evaluated, accepted and processed in accordance with the
County's Purchasing Policy as amended from time to time. In submitting a proposal in response to
this RFP, the Proponent agrees and acknowledges that it has read and will be bound by the terms and
conditions of the County's Purchasing By-law. The Purchasing By -Law can be viewed on the County's
website, www®elfin®county®ca
4.8 Failure to Perform
Failure to comply with all terms and conditions of this proposal, and failure to supply all
documentation, as required herein, shall be just cause for cancellation of the award. The County shall
then have the right to award this contract to any other Proponent or to re -issue this RFP.
4.9 Agreement
A written agreement, prepared by the County shall be executed by the County and the successful
Consultant. The complete proposal package submitted by the successful proponent, together with
the entire Request for Proposal documents prepared by the County of Elgin, shall form part of the
Agreement (see attached sample of agreement in Appendix A).
4.10 Insurance Requirements
Any agreement resulting from this RFP will contain at a minimum the following insurance
requirements:
a) Comprehensive general liability insurance including bodily injury and property damage
liability, personal injury liability, completed operations liability, blanket contractual liability
with a severability of interest and cross liability clause to a limit of no less than five million ($
5,000,000) dollars in respect to any one occurrence. The above-mentioned policy shall be
endorsed to include the County of Elgin as an Additional Insured.
b) Non -owned Automobile liability policy to a limit of no less than two million ($2,000,000)
dollars.
c) Professional Liability insurance covering all activities as described in the Proponent's proposal
to a limit of no less than two million ($2,000,000) per claim and in the aggregate.
d) The aforementioned policies of insurance shall contain or shall be subject to the following
terms and conditions:
➢ be written with an insurer licensed to do business in Ontario;
➢ be non-contributing with, and will apply only as primary and not excess to any other
insurance or self-insurance available to Elgin County;
➢ contain an undertaking by the insurer to notify the County in writing not less than sixty
(60) days before any material change in risk or cancellation of coverage.
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➢ any deductible amounts shall be borne by the Proponent.
➢ The Proponent shall provide proof of insurance upon execution of the Agreement. Proof
of insurance shall be in the form of Certificates of Insurance, in form and detail
satisfactory to the County, signed by an authorized representative of the insurer. The
Proponent will make available the complete original copies of all applicable insurance
policies for examination if required by the County.
➢ Certificates of Insurance evidencing renewal or replacement of policies shall be delivered
to the County of Elgin within fifteen (15) business days prior to the expiration or
replacement of the current policies, without demand by the County.
4.11 Indemnification
The successful Proponent shall indemnify and hold harmless the County of Elgin, its officers,
Municipal Council, Employees and volunteers from and against any liabilities, claims, expenses,
demands, loss, cost, damages, suits or proceedings by whomsoever made, directly or indirectly arising
directly or indirectly by reason of a requirements of this agreement save and except for damage
caused by the negligence of the County or their employees.
4.12 Compliance with the Accessibility for Ontario with Disabilities Act 2005
The Proponent shall ensure that all its employees and agents receive training regarding accessibility
as outlined in the Accessible Customer Service Standard (Ontario Regulation 429/07) and the
Integrated Accessibility Standards Regulation (Ontario Regulation 191/11). The Proponent is
responsible to ensure that all of its employees, volunteers and others for which the Proponent is
responsible are adequately trained.
4.13 Disqualification
The County may, in its sole discretion, disqualify a proposal or cancel its decision to make an award
under this RFP, at any time prior to the execution of the Agreement by the county, if,
➢ the Proponent fails to cooperate in any attempt by the County to verify any information
provided by the Proponent in its proposal;
➢ the Proponent contravenes one proposal per Person or Entity;
➢ the Proponent fails to comply with the laws of Ontario or of Canada, as applicable;
➢ the Proposal contains false or misleading information;
➢ the Proposal, in the opinion of the County, reveals a material conflict of interest;
➢ the Proponent misrepresents any information contained in its proposal.
4.14 Record and Reputation
Without limiting or restricting any other right or privilege of the County and regardless of whether or
not a proposal or a Proponent otherwise satisfies the requirements of this RFP, the County may
disqualify any proposal from any Proponent, where;
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➢ In the opinion of the County Solicitor or the Purchasing Coordinator for the County, the
commercial relationship between the Corporation of the County of Elgin and the Proponent
has been impaired by the prior and/or current act(s) or omission(s) of each Proponent,
including but not limited to:
a) Litigation with the County;
b) The failure of the Proponent to pay, in full, all outstanding accounts due to the County by
the Proponent after the County has made demand for payment;
c) The refusal to follow reasonable directions of the County or to cure a default under a
contract with the County as and when required by the County or it's representatives;
d) The Proponent has previously refused to enter into an Agreement with the County after
the Proponent's proposal was accepted by the County;
e) The Proponent has previously refused to perform or to complete performance of
contracted work with the County after the Proponent was awarded the contract;
f) Act(s) or omission(s) of the Proponent has resulted in a claim by the County under a bid
bond, a performance bond, a warranty bond or any other security required to be
submitted by the Proponent on an RFP within the previous five years.
➢ In the opinion of County Council or the Chief Administrative Officer, or their designate, there
are reasonable grounds to believe that it would not be in the best interests of the County to
enter into an Agreement with the Proponent, for reasons including but not limited to the
conviction or finding of liability of or against the Proponent or its officers or directors and any
associated entities under any taxation legislation in Canada, any criminal or civil law relating to
fraud, theft, extortion, threatening, influence peddling and fraudulent misrepresentation, the
Environmental Protection Act or corresponding legislation in other jurisdictions, any law
regarding occupational health or safety or the Securities Act or related legislation.
4.15 Proponent's Costs
The Proponent shall bear all costs and expenses incurred by the Proponent relating to any aspect of
its participation in this RFP process, including all costs and expenses related to the Proponent's
involvement in;
➢ the preparation, presentation and submission of its proposal;
➢ the Proponent's attendance at the Proponent's meeting;
➢ due diligence and information gathering processes;
➢ site visits and interviews;
➢ preparation of responses to questions or requests for clarification from the County;
➢ preparation of the Proponent's own questions during the clarification process; and,
➢ agreement discussions.
The County is not liable to pay such costs and expenses or to reimburse or compensate a Proponent
under any circumstances, regardless of the conduct or outcome of the RFP Process, including the
rejection of all proposals or the cancellation of the RFP, and including any negligence of the County in
the conduct of the RFP process.
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4.16 Legal Matters and Rights of the County
This RFP is not an offer to enter into either a bidding contract (often referred to as "Contract A") or a
contract to carry out the project (often referred to as "Contract B"). Neither this RFP nor the
submission of a proposal by a Proponent shall create any contractual rights or obligations whatsoever
on either the Proponent or the County.
The County may at its sole discretion change or discontinue this RFP process at any time whatsoever.
The County may in its sole discretion enter into negotiations with any person, whether or not that
person is a Proponent or a Short -Listed Proponent with respect to the work that is the subject of this
RFP.
The County may at its sole discretion decline to evaluate any proposal that in the County's opinion is
incomplete, obscure or does not contain sufficient information to carry out a reasonable evaluation.
Without limiting the generality of the RFP, the County may at its sole discretion and at any time
during the RFP process;
➢ reject any or all of the Proposals;
➢ accept any Proposal;
➢ if only one Proposal is received, elect to accept or reject it;
➢ elect not to proceed with the RFP;
➢ alter the timetable, the RFP process or any other aspect of this RFP; and
➢ cancel this RFP and subsequently advertise or call for new Proposals for the subject matter of
this RFP.
In addition to and notwithstanding any other term of this RFP, the County shall not be liable for any
damages resulting from any claim or cause of action, whether based upon an action or claim in
contract, warranty, equity negligence, intended conduct or otherwise, including any action or claim
arising form the acts or omissions, negligent or otherwise of the County and including any claim for
direct, indirect or consequential damages, including but not limited to damages for loss of profit, loss
of reputation, injury to property and bodily injury that results from the Proponents' participation in
the RFP process, including but not limited to;
➢ the disclosure of a Proponent's confidential information;
➢ the costs of preparation of a Proponents Proposal, whether it is accepted, disqualified or
rejected;
➢ any delays, or any costs associated with such delays, in the RFP process;
➢ any errors in any information supplied by the County to the Proponents;
➢ the cancellation of the RFP; and
➢ the award of the contract to a Proponent other than the Proponent recommended by the
Proposal Review Committee.
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REQUEST FOR PROPOSAL NO. 2018-33
ENGINEERING SERVICES— REPLACEMENT OF PORT BRUCE BRIDGE
4.17 Human Rights, Harassment and Occupational Health and Safety
The Proponent shall be required to comply with the County's policies regarding Human Rights,
Harassment in the Workplace and Occupational Health and Safety.
4.18 Clarification
The County may require the Proponent to clarify the contents of its proposal, including by the
submission of supplementary documentation, or seek a Proponent's acknowledgement of the
County's interpretation of the Proponent's proposal.
The County is not obliged to seek clarification of any aspect of a proposal.
4.19 Supplementary Information
The County may, in its sole discretion, request any supplementary information whatsoever from a
Proponent after the submission deadline including information that the Proponent could or should
have submitted in its proposal prior to the submission deadline. The County is not obliged to request
supplementary information from a Proponent.
24
REQUEST FOR PROPOSAL NO. 2018-33
ENGINEERING SERVICES- REPLACEMENT OF PORT BRUCE BRIDGE
SECTION 5.0 - FORM OF PROPOSAL
*To,, III le finch d iiiun Einvnlllm: pe OINJE*
5.1 DECLARATION
I/We the undersigned authorized signing officer of the Proponent, HEREBY DECLARE that no person, firm or
Corporation other than the one represented by the signature (or signatures) of proper officers as provided
below, has any interest in the proposal.
I/We further declare that all statements, schedules and other information provided in this proposal are true,
complete and accurate in all respects to the best knowledge and belief of the Proponent.
I/We declare that this proposal is made without connection, knowledge, comparison of figures or arrangement
with any other company, firm or persons making a proposal and is in all respects fair and without collusion for
fraud.
I/We further declare that no employee of the Corporation of the County of Elgin is or will become interested,
directly or indirectly as a contracting party or otherwise in the supplies, work or business to which it relates or
in any portion of the profits thereof, or in any such supplies to be therein or in any of the monies to be derived
there from.
I/We further declare that the undersigned is empowered by the Proponent to negotiate all matters with the
Corporation of the County of Elgin's representatives, relative to this proposal.
I/We further declare that the agent listed below is hereby authorized by the Proponent to submit this proposal
and is authorized to negotiate on behalf of the Proponent.
I/We further agree in submitting this proposal, we recognize the County may accept any proposal in whole or
in part, or elect to reject all proposals.
ACKNOWLEDGEMENT OF ADDENDA
I/We have received and allowed for ADDENDA NUMBER
Insert #'s or "none"
Company Name
Signature Print Name
*To,, III le finch d iiiun Ein elm: ple One*
in preparing my/our proposal.
NOTE: Failure to sign this page and return with your submission in envelope one will result in
non-acceptance of your submission.
25
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REQUEST FOR PROPOSAL NO. 2018-33
ENGINEERING SERVICES— REPLACEMENT OF PORT BRUCE BRIDGE
SECTION 5.0 - FORM OF PROPOSAL
*To, Able finch .Wed fin Einv6lm: pe ..I.. O*
5.2
Proposals shall specify the basis of the fee for engineering services that represents an all-inclusive
cost to the County. Proposals should identify phases to which particular fee calculations apply and
the Proponent shall apportion the fee to the following phases of service:
1. 2019 - Preliminary Design and Sub -consultants $
2. 2019 - Detailed Design Phase and Tender Package $
3. 2020 — Full Time Inspection $
4. 2020 — Contract Administration $
5. Disbursements $
TOTAL COST: $
Proposals must specify the total upset cost of the proposal and the per diem rates for all proposed
staff and any other fees that may be applicable, including the cost for disbursements noted above.
Include per diem rates and any other fees on a separate sheet and include in Envelope Two.
Your proposal must clearly state which services are not included in your financial proposal.
Company Name
Signature Print Name
*To, Able finch .Wed fin Einv6lolpe ..I""wol*
NOTE: Failure to sign this page and return with your submission in envelope two will result in
non-acceptance of your submission.
71
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NOTICE OF NO RESPONSE
It is important to the County to receive a reply from all invited Proponents. There is no obligation to submit a
proposal however, should you choose not to respond to this RFP, completion of this form will assist the County
in determining your interest in future RFPs.
INSTRUCTIONS
If you are unable, or do not wish to provide a proposal, please complete the following portions of this form.
State your reason for not submitting a proposal by checking applicable box(es) or by explaining briefly in the
space provided. It is not necessary to return any other documents; return the completed form by email or by
FAX prior to the closing date.
EMAIL: mhoogstraelgin,ca
FAX NUMBER -519-631-4297
❑ We do not manufacture/supply this commodity/service.
❑ We do not manufacture/supply to this specification.
❑ Unable to quote competitively.
❑ Cannot handle due to present work load.
❑ Quantity/job too large.
❑ Quantity/job too small.
❑ Cannot meet delivery/completion requirements.
❑ Agreements with distributors/dealers do not permit us to sell directly.
❑ Licensing restrictions.
Do you wish to bid on this commodity/service in the future? Yes ❑ No ❑
Other reasons or additional comments:
COMPANY NAME:
PHONE NUMBER:
EMAIL ADDRESS:
72
CONTACT PERSON:
FAX NUMBER:
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APPENDIX A — SAMPLE AGREEMENT
THIS AGREEMENT made in duplicate this day of 2018.
- BETWEEN -
THE CORPORATION OF THE COUNTY OF ELGIN
450 Sunset Drive, St. Thomas, Ontario N5R 5V1
Hereinafter called the "County" (of the first part)
-AND—
CONSULTANT NAME
Address
Hereinafter called the "Consultant" (of the second part)
WHEREAS on (date), the County issued Request for Proposal # (insert number) (if applicable and
Addendum # (insert number) dated (date) for (enter the description of work) (the "RFP");
AND WHEREAS on (enter date of Consultant's proposal) the Consultant submitted a proposal in
response to the RFP (the "proposal");
AND WHEREAS the County wishes to enter into an agreement with the Consultant for the services, as
more particularly described in the RFP and the proposal, attached hereto as Schedule "A" and
forming part of this Agreement (the "Services");
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and other
good and valuable consideration, the sufficiency whereof is acknowledged hereby by the parties, the
parties hereto agree with each other as follows:
1. The Consultant shall provide the Services pursuant to all the terms and specifications set out in
Schedule "A". If there should be any conflict between the provisions of this Agreement and the
provisions of Schedule "A", the provisions of this Agreement shall prevail.
2. The term of this Agreement shall commence
3. If either party, acting reasonably, determines that the other party has failed to perform its
obligations pursuant to this Agreement, then such party may terminate this Agreement upon giving at
least thirty (30) days' written notice to the other party.
4. The Consultant shall indemnify and save harmless the Owner, its elected officials, officers,
employees and agents from and against any and all claims of any nature, actions, causes of action,
losses, expenses, fines, costs (including legal costs), interest, or damages of every nature and kind
whatsoever arising out of the negligence, errors, omissions, fraud or willful misconduct of the
28
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ENGINEERING SERVICES- REPLACEMENT OF PORT BRUCE BRIDGE
Consultant its officers, employees, agents and sub -consultants, or any of them, attributable to or
connected with the performance, non-performance or purported performance of the Consultant
obligations pursuant to this Agreement, except to the extent that same is attributable or caused by
the negligence of the Owner, its officers, employees and agents, or any of them. Further, this
indemnity shall survive the expiration or early termination of this Agreement and continue in full
force and effect.
5. This Agreement together with its schedule constitutes the entire understanding between the
parties. Any change, addition to, or waiver of the terms hereof must be specifically agreed upon, in
writing, and signed by both parties. Failure on the part of either party to insist upon the strict
observance of any of the terms and/or conditions herein shall not operate as a waiver of such party's
right to require the future observance of any such terms or conditions.
6. This Agreement shall not be assigned, in whole or in part, by either party hereto without the
prior written consent of the other party. This Agreement, all its covenants, promises and conditions
shall ensure to the benefit of and be binding upon the parties hereto and their respective permitted
successors and assigns.
7. Either party may terminate this Agreement at any time, without notice, for just cause which
shall include, without limitation, dishonesty, fraud, willful deceit or failure to properly fulfill the
obligations hereunder where such failure is not remedied within ten (10) days after notice of same is
given.
8. This Agreement shall be construed and interpreted in accordance with the laws of the Province
of Ontario, Canada.
IN WITNESS WHEREOF the parties hereto have duly executed this Agreement.
DATE
DATE
"Consultant's name
Per:
Name:
Position:
I have the authority to bind the corporation"
"The Corporation of the County of Elgin
Per:
Name: Julie Gonyou
Position: Chief Administrative Officer
Per:
Name:
Position: Warden
We have the authority to bind the corporation"
74
29
RETURN ADDRESS LABEL — ENVELOPE 1
Place this label on the front of the sealed envelope (����]\JVD 1) containing your proposal.
FROM:
Contact:
01 ' "'
,1,111111�llr6fl)7JI111111111111I)F
Sir.
Progi essiv�e by Nature
DELIVER PROPOSAL TO:
County of Elgin
450 Sunset Drive
2 nd Floor, Financial Services
St. Thomas., ON N5R 5V1
Attn: Mike Hoogstra, Purchasing Coordinator
I EG I ��� M ��� CA ��� ��410POSAL ENVELOPE 1,
RFP No.: 2018-33
Description: Engineering Services — Replacement of Port Bruce Bridge
Closing Date: November 8, 2018 @ 3:00 p.m. (local time)
Late proposals will NOT be accepted!
30
FU
RETURN ADDRESS LABEL — ENVELOPE 2
Place this label on the front of the sealed envelope (����]\JVD 2) containing your proposal.
FROM:
Contact:
01 ' "'
,1,111111�llr6fl)7JI111111111111I)F
Sir.
Progi essiv�e by Nature
DELIVER PROPOSAL TO:
County of Elgin
450 Sunset Drive
2 nd Floor, Financial Services
St. Thomas., ON N5R 5V1
Attn: Mike Hoogstra, Purchasing Coordinator
���TMAINJGAL ��)IIOPOSAL ENVELOPE 2
RFP No.: 2018-33
Description: Engineering Services — Replacement of Port Bruce Bridge
Closing Date: November 8, 2018 @ 3:00 p.m. (local time)
Late proposals will NOT be accepted!
31
fift,
w, rmllllyij J
flgin
1 wrae'h 4dWer 1M',r REPORT TO COUNTY COUNCIL
bFCr
FROM: Julie Gonyou, Chief Administrative Officer
Peter Dutchak, Deputy Director of Engineering Services
DATE: October 8, 2018
SUBJECT: Resident Complaint - Ditch Maintenance along Talbot Line, Southwold
INTRODUCTION:
A formal complaint was received from two neighbouring residents in regard to the
maintenance of ditches along Talbot Line, Southwold. The complaint was that the weeds
and grasses in the ditches in front of their properties were contributing to a safety risk
while exiting their driveways. In addition to notifying Township staff and County staff
(administrators for both), this complaint was also fielded by the Mayor of Southwold,
Councillor Grant Jones and recently by Warden Marr. After the ditch had been cut by
Township staff, thereby resolving any potential safety concern, the resident called
Warden Marr and requested a meeting with both the County CAO and Township CAO
seeking a longer term strategy to address unsafe ditches, in particular, the ditches along
Talbot Line and ditches in Fingal.
The purpose of this report is to bring to the attention of County Council the concerns
relayed by the two neighbouring residents of Southwold Township. Correspondence was
sent to the residents by the County CAO following an onsite meeting held on October 3,
2018, noting that their complaint would be included in Council's agenda on October 16,
2018.
DISCUSSION:
At the request of the residents, the site was attended by both the County CAO and the
Township CAO. The residents noted that while the immediate issue had been resolved
(full width of ditch had been cut two weeks earlier), the residents had outstanding
concerns about the absence of a longer term strategy to address unsafe ditches. The
complainant noted that he had communicated these concerns to both County and
Township staff many times over the past three (3) years. The residents shared
photographs (Appendix A) and notes from previous meetings (Appendix B).
Grass and phragmites growing in roadside ditches is not an uncommon concern voiced
by County residents. The concerns received about ditch maintenance are varied and
include issues associated with aesthetics, safety concerns and the maintenance of
natural habitats related to the plight of bees and monarch butterflies. Safety concerns
are our top priority and we rely on County staff to validate these concerns using
established County standards, legislated standards and policies prior to notifying the
Township or constituent municipality. Once we have verified that the concern is a valid
safety concern, we request that the work be expeditiously resolved by our municipal
partners. The majority of complaints are handled directly by our municipal partners.
77
Invasive phragmites (European Common Reed) is an invasive plant often found in
ditches, wetlands and beaches which has been damaging ecosystems in Ontario for
decades and presents a problem for municipal maintenance. Phragmites is a plant that
spreads and grows quickly and out -competes native species for water and nutrients. It
generally provides poor habitat and food supplies for wildlife, including species that are at
risk and can cause road safety hazard along roadsides and within ditches. Dealing with
phragmites is undoubtedly top of mind for our constituent municipalities during their
summer maintenance seasons as most approaches to phragmites require a significant
commitment of resources. Some of our partner municipalities have taken a more
aggressive approach than others when dealing with phragmites and others have taken a
more passive approach and cut ditches when safety hazards exist, or within the
parameters established by the County's Road Maintenance Agreement. A community
committee was established 2-3 years ago in regard to phragmites and each of Elgin's
constituent municipalities has been invited to participate.
While onsite, County CAO provided the residents with details of Elgin County's unique
relationship with our lower -tier municipalities wherein the County, by way of a Road
Maintenance Agreement with our lower -tier municipalities, relies on our municipal
partners to undertake the maintenance of over 700km of county roads. As the County,
we are legally obligated to undertake quarterly inspections of all County roads and report
our findings to our municipal partners. Through this process and between inspections,
we bring safety concerns to the immediate attention of our municipal partners.
As an extra layer of oversight, we are fortunate to have residents who follow up directly
with either elected officials or staff to bring safety concerns to our attention. As soon as
we are aware of such issues, depending on the nature of the complaint, either the County
or our municipal partner attends the site to assess the situation. In this particular case,
when the County was contacted by the residents, County Engineering staff collected
photographs, met with the residents and contacted Southwold Township who completed
the work in a timely fashion.
Pursuant to the County's Road Maintenance Agreement with our municipal partners, we
specify that at least once every 3 years, all roads shall be cut full width (from the road
shoulder to the road property limits) in all areas where this can be completed unless
deemed unsafe by the Municipality or deemed not required by the County. Therefore, a
minimum of one-third of the roads shall be maintained to the full property limits annually
within the above noted parameters. Additionally, ditches are maintained for positive
water flow and to eliminate standing water when possible.
The main goals of vegetation control include:
• Keeping signs, road geometry and intersections visible to drivers;
• Keeping road users (vehicles, bicycles and pedestrians) visible to drivers;
• Helping pedestrians and cyclists see motor vehicles;
• Removing trees which could pose a collision hazard;
• Improving winter road maintenance by reducing drifting and shading;
• Helping drainage systems function as designed;
• Preserving pavements through daylighting and root system control;
• Controlling noxious weeds and evasive species.
• Aesthetics.
W
CONCLUSION:
Despite the different services provided by the upper and lower -tier levels of government
in Elgin, we work well together to provide outstanding services to our collective residents
in many areas, including our vast and multifaceted road network. This is only achievable
through ongoing maintenance provided to the County by our municipal partners. Staff of
both upper and lower -tier municipalities in Elgin are tasked with the important duty of
prioritizing work within the framework and budget established by Council. While it is
difficult to resolve each individual concern that is brought to our attention, our dedicated
staff work hard every day on behalf of Council and our residents and endeavour to act
quickly and equitably to mitigate risk in each of the service areas we deliver.
In the absence of a traditional roads department, the County's role in ditch cutting is
clear. Funds are transferred to each lower -tier municipality to undertake maintenance on
our behalf (including vegetation control), parameters for the work are included in the
Road Maintenance Agreement and inspection reports are provided to our partner
municipalities to ensure our legal obligations are met.
This particular concern is best handled by the Township of Southwold who better
positioned to provide additional details about how ditch maintenance is handled/
prioritized within their summer maintenance schedule. This topic will be discussed at
our an upcoming meeting of local administrators (CAOs) to assess the extent to which
this issue exists in municipalities across the seven (7) municipal partners and how it is
being handled in each municipality.
RECOMMENDATION:
THAT the report titled "Resident Complaint — Ditch Maintenance along Talbot Line,
Southwold" from the Chief Administrative Officer and Deputy Director of Engineering
Services, dated October 8, 2018, be received and filed.
All of which is Respectfully Submitted
Julie Gonyou
Chief Administrative Officer
Peter Dutchak
Deputy Director of Engineering Services
79
Appendix A
Photo of Talbot Line, Southwold — provided by residents
Photo of Talbot Line, Southwold — taken by County CAO (two weeks after ditch was cut)
Appendix B
September 21, 2018
Contact: Michael Plant
Position — Director Engineer Services, Elgin County
Phone — 519-631-1460, ext 117
Office hour — 8 a.m. to 4:30 p.m.
Best time to call — after 9 a.m.
Alternate — Judy Gonyou (admin assistant — Marilyn)
Issue: In early September 2018 Ken Howe, acting on behalf of Doris Howe
(Ken's wife) and Rose Marie McLeod ("the Landowners"), telephoned
Mr. Plant, to request that the ornamental grass growing in the
roadside ditch in front of the Landowners' property located at 38079
Talbot Line be cut due to sight line safety concerns when exiting the
property. Talbot Line is a fast road used by many truckers, individual
motorists, farmers and police when detouring 401 -traffic.
Results: On September 20, 2018 at about 2:10 p.m. a Southwold Township
employee was sighted by Ken Howe travelling west on Talbot Line
near Talbotville on the Southwold Township tractor. Ken had just
passed the Landowners property and the grass had been cut. Earlier,
at approximately 11:35 a.m., the occupant landowner (Rose Marie
McLeod) left the property to do some shopping. At that time, none of
the grass had been cut, but at about 4 p.m. when she returned home
she found that only some of the grass had been cut and that the sight
line safety concerns had not been addressed. Moreover, where the
grass was cut, several tall stalks of grass had been left sticking up
leaving the Landowners frontage untidy. This is unacceptable
especially when Ken had specifically asked that the Landowners'
complete frontage be cut and had marked the whereabouts of four (4)
tiles, one (1) property water location and offered to meet the Township
worker on site.
Next Steps: The occupant landowner, Ken Howe, and Michael Plant, should meet
at the farm to determine how to achieve Elgin County and the
Landowners' Duty of Care obligations in such matters.
Authored by: Rose Marie McLeod
m
October 3, 2018
Attendees: Elgin County Representative
Lisa, CAO, Southwold Township Office
Agenda: What can be done to salvage the Township of Southwold's (the
"Township") effort made on September 20, 2018 to comply with the
Landowners request to cut the ornamental grass or 'phragmites'
growing in the roadside ditch in front of the Landowners' property
located at 38079 Talbot Line. The Landowners request was made out
of sight line safety concerns when exiting the property.
Next Steps:
Specifically, what can be done to control and/or eradicate the
phragmites? It has been suggested to Grant Jones by the Landowners
that all Township ditches with phragmites be cut each year. He has
admitted to the Landowners' that while such ditches should be cut and
sprayed once a year no money was budgeted for this type of work in
the 2018 budget. The Landowners then reminded Mr. Jones of the
County and/or the Township's Duty of Care obligation. Mr. Jones
responded saying that he realises that the County and/or Township
would have a Duty of Care obligation in the current situation if
something would happen, but appears to want to wait until a particular
incident occurs before taking any action.
It is our understanding that a machine and a man to cut the
phragmites would cost about $100 per hour. It is our view that 'cutting'
is a better option than the County or Township taking a `wait and see'
approach.
Finally, you should know that when the Landowners first approached
the County for assistance, we were told by Michael Plant, that we
have a nice property but it's a mess as well as unsafe from the
phragmites.
W,
Authored by: Rose Marie McLeod
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1 1a�eue'h.4dr Wer 1M',rr'u Cr
REPORT TO COUNTY COUNCIL
FROM: Julie Gonyou, Chief Administrative Officer
Mike Hoogstra, Purchasing Coordinator
DATE: October 3, 2018
SUBJECT: Contract Cleaning Services —Tender Award
INTRODUCTION:
The contract for cleaning services at the Administration Building and Heritage Centre
will be expiring in November this year. A tender was advertised and issued as per the
County's Procurement Policy for a new two (2) year term with options to extend for up to
three (3) additional years for a maximum five (5) year term.
DISCUSSION:
The tender was issued on August 27. A total of thirteen (13) companies downloaded
tender documents and ten (10) company representatives attended the mandatory site
meeting and tour held on August 30. Nine (9) companies submitted bids for this Tender
which closed on September 12, 2018. Bids were received as follows:
Company
Bid Price for 2 Year Term
(exclusive of taxes)
Sery-U-Clean
$163,029.48
SQM Janitorial Services
$164,787.60
GDI Services
$195,805.68
Universal Cleaners
$198,091.44
Service Master of London
$207,960.00
Commercial Cleaning Services
$221,850.60
Super Clean Building Maintenance
$226,727.04
1145277 Ontario Ltd.
$241,277.88
Metropolitan Maintenance
$252,588.00
Sery-U-Clean Inc. submitted the lowest compliant bid for the contract cleaning services
at a total price of $163,029.48, exclusive of HST for the two (2) year term. The lowest
submitted bid is within budget estimates and can be accommodated for in yearly
operating budgets. References for Sery-U-Clean were checked and all references
contacted report no major issues.
Staff will be meeting with the new service provider to ensure that a smooth transition
takes place beginning on November 1.
m
RECOMMENDATIONS:
THAT Sery-U-Clean be selected for the Contract Cleaning Services Tender, Contract
No. 2018-25 at a total price of $163,029.48 exclusive of H.S.T for a two (2) year term
effective November 1, 2018 to October 31, 2020; and,
THAT staff be authorized to extend the contract with Sery-U-Clean for a further three
years effective November 1, 2020 to October 31, 2023 subject to successful delivery of
services and favourable rate negotiations for the three year extension; and,
THAT the Warden and Chief Administrative Officer be authorized to sign the contract
All of which is Respectfully Submitted,
Julie Gonyou
Chief Administrative Officer
Mike Hoogstra
Purchasing Coordinator
01
"j1w 1u
REPORT TO COUNTY COUNCIL
FROM: Julie Gonyou, Chief Administrative Officer
Mike Hoogstra, Purchasing Coordinator
DATE: September 19, 2018
SUBJECT: Ambulance Vehicle Replacement
INTRODUCTION:
The County of Elgin currently has an ambulance fleet consisting of ten (10) ambulances
and two (2) emergency response vehicles (ERU). This report will concentrate on the
ambulance fleet replacements scheduled for 2018, 2019 and 2020.
DISCUSSION:
For all previous ambulance purchases the County utilized the MOHLTC Vendor of
Record (VOR) agreement for the purchase of ambulances. The VOR agreement set
base prices and allowed operators to add features unique to their service needs. The
VOR agreements also generated the cost benefit advantage of large volume purchases,
especially for smaller municipalities like the County. Unfortunately in 2013 the province
discontinued the VOR agreement and this has required municipalities to establish their
own EMS vehicle acquisition processes.
The County typically replaces two (2) ambulances per year over a five year period to
maintain a five (5) year rotation.
A Request for Proposal for the Supply and Delivery of Type I I I Ambulances was issued
and closed on September 6, 2018. The RFP was structured to allow the County to
request pricing for a three year term thereby reducing the need to issue a competitive bid
annually.
At the time of closing, one proposal was received from the following manufacturer-
- Crestline Coach Ltd.
Since only one proposal was received, a formal evaluation process was not necessary.
The proposal submitted by Crestline Coach was reviewed by County and Medavie staff
for compliance to the required specifications; no issues were noted in the review.
Crestline Coach supplies a high quality vehicle and has supplied ambulances to over 25
Ontario municipalities in 2018. Crestline Coach has been supplying ambulances to the
County of Elgin for the last five years.
The Elgin County EMS (Ambulance) 2018 capital budget includes $324,000 for the
purchase of two (2) ambulances. The price submitted by Crestline per vehicle is
$165,826 for a total purchase price of $331,652.
85
The two ambulances being replaced will be offered for sale on the GovDeals surplus
website as per the County's disposal policy. Recent vehicle sale proceeds should offset
any additional funds required in the 2018 capital budget.
CONCLUSION:
The approved 2018 capital budget includes the replacement of two ambulance vehicles.
The ambulance vehicles being recommended from Crestline Coach meet the needs for
the County of Elgin. Crestline Coach is a current and compliant vendor approved by the
Ontario Ministry of Health and Long -Term Care.
RECOMMENDATIONS:
THAT the contract for the Supply and Delivery of Type III Ambulances (RFP# 2018-24)
be awarded to Crestline Coach Limited; and,
THAT two ambulances be purchased in 2018 at their quoted price of $331,652,
exclusive of taxes, which was approved in the 2018 Capital Budget; and,
THAT staff be authorized to purchase two ambulances in 2019 and two ambulances in
2020 from Crestline Coach Ltd., using firm pricing obtained in this contract, all subject to
capital budget approval and sufficient funding; and,
THAT two ambulances each be declared surplus in 2018, 2019 and 2020 and be
disposed of using the Asset Disposal Policy; and,
THAT the Warden and Chief Administrative Officer be authorized to sign the contract.
All of which is Respectfully Submitted
Julie Gonyou
Chief Administrative Officer
Mike Hoogstra
Purchasing Coordinator
w, rmllllyij J
flgin
1 wrae'h 4dWer 1M',r REPORT TO COUNTY COUNCIL
bFCr
FROM: Julie Gonyou, Chief Administrative Officer
DATE: October 8, 2018
SUBJECT: Legalization of Recreational Cannabis - Update
INTRODUCTION:
The purpose of this report is provide an update on the Government of Ontario's recent
changes to Bill 174 — the Cannabis, Smoke -Free Ontario and Road Safety Statute Law
Amendment Act, 2017 and Bill 36 - Cannabis Statute Law Amendment Act, 2018. The
following report summaries a brief recently distributed by the Association of Municipalities
of Ontario ("AMO") and other information gained through municipal discussions with
partner agencies.
On October 17, 2018, it will be legal in Canada to possess or use cannabis subject to
certain limits. The federal government amended the Criminal Code to enable Canadians
to buy, sell and consume cannabis and cannabis products. Alcohol and Gaming
Commission of Ontario ("AGCO") governs the licensing regime for recreational cannabis
growers. These licensed producers serve as the sole source of legal recreational
cannabis in Canada. The federal framework includes rules regulating grow operations as
well as the advertisement and promotion of cannabis, which is strictly controlled to protect
youth.
DISCUSSION:
In partnership with the City of St. Thomas we have held municipal discussions on cannabis
every six weeks for the past 9 months. The meetings have been very well attended by a
wide range of community partners including, but not limited to-
- Southwestern Public Health-
- City Police, OPP, By -Law Officers and Provincial Offences Act court staff;
- Municipal Services including planning, legal, human resources, library
management, long term care homes administrators, parks and recreation staff;
- City Manager and County Chief Administrative Officer; and
- Representatives from Southwest Middlesex.
While our municipal discussions have revealed a number of outstanding questions in
regard to the legalization of recreational cannabis, we have been provided with the
following information:
Where can people get cannabis?
o Ontario residents (19 years and older) will be able to order cannabis legally
from the Ontario Cannabis Retail Corporation ("OCRC") starting October 17,
2018. The OCRC will be the only legal distributor for wholesale cannabis to
retailers and the on-line retailer to the public.
M
• Where can it be smoked?
o If Bill 36, as proposed, becomes law on October 17, smoking recreational
cannabis will be legal where tobacco consumption is permitted under the
Smoke Free Ontario Act. It is illegal to smoke tobacco in enclosed
workplaces, restaurants, bars and patios, schools, near playgrounds and
publicly owned sports facilities and other locations.
What can municipalities do about the public smoking of cannabis?
o Municipal governments can also enact stricter by-laws on places to smoke
in their communities. This allows municipal governments to reflect community
preferences for the safety of residents and to balance public enjoyment of the
community.
• How will cannabis be sold?
o The new legislation authorizes the AGCO to license and regulate private
cannabis retail in the province.
o The AGCO will establish processes for Retail Operator Licensing and Retail
Store authorization for retail cannabis stores in communities where municipal
governments have not opted out.
o The AGCO will provide municipal governments and the public with a 15 -day
notification period of a proposed store site to receive public input and hear
concerns from the local community. Under the proposed law, the AGCO will
consider comments from both the lower and upper tier municipality.
o The first retail stores are to be operational April 1, 2019, after all licenses and
authorizations are in place.
o Licensed Producers in Ontario will be able to open one store at one location to
retail their products.
• Can municipalities opt out?
o Municipal governments (defined in the Act as a local municipality) have a one-
time opportunity to opt out of cannabis retail in their communities. There is no
time period for a local municipality to opt back in via resolution. If the opt out is
reversed by a municipal government, that decision is final.
o To opt out, municipal councils must pass a resolution by January 22, 2019
stating they do not wish to host cannabis retail stores in their communities.
The resolution must be sent to the AGCO.
Who will enforce federal and provincial legislation?
o Police will enforce the federal and provincial cannabis legislation. The federal
government has provided funds to police forces for training and the Ontario
government has worked with Ontario Provincial Police and municipal police
forces to increase the number of officers trained in the Standard Field Sobriety
Test and as Drug Recognition Experts.
• What are the advertising rules?
o Federal cannabis advertising rules are strict. Municipalities should ensure that
their policies for transit and other municipal advertising channels are in line
with these requirements.
Will municipalities receive any funding?
o All municipal governments will receive at least $10,000 to help transition to
legal recreational cannabis in our communities.
o Communities that decide to allow retail storefronts will receive $10,000, plus
per household funding, and will be eligible for a share of 50 per cent of the
surplus funding if the province's share of federal excise tax exceeds $100
million in the first two years.
o Municipal governments must track additional expenditures related to legalized
recreational cannabis.
What are the rules in regard to growing?
o It is illegal to grow more than four plants per residence.
o Medical cannabis users are able to continue accessing cannabis in their
currently preferred method(s). In some communities, there may be concerns
about conflicts between some growers and their neighbours. The courts have
upheld this activity as part of a patient's right to access medicine.
ASSOCIATION OF MUNICIPALITIES OF ONTARIO:
AMO has been an excellent source of information over the past year. They have
committed to advocating for municipal interests and providing as much assistance to
members to aid in local decision-making. AMO is gearing up to present to the Standing
Committee reviewing the legislation on municipal concerns and challenges and is in the
process of gathering feedback from municipalities.
UPPER vs. LOWER TIER CONSIDERATIONS/DECISION MAKING:
Municipal governments have until January 22, 2019 to make an opt -out decision. For
most of our local municipal partners, this decision will rest with the councils (post
municipal election) who will need to have a full understanding of the legislative authority
(once it is passed), the content of regulations (yet to be tabled) and an understanding of
the AGCO's process for dealing with retail store licenses and store authorizations
before making a decision to opt out. Elgin County as the upper -tier cannot opt -out, and
the decision rests with our lower -tier municipalities.
WHAT'S HAPPENING IN ELGIN COUNTY?
Our planning, legal (including POA court), seniors' services and human resources
teams are working diligently to learn the impacts of this change in law and revise our
current policies and procedures to reflect changes. In each of these departments, we
have a number of concerns that will require careful planning. We will continue to
provide updates to County Council as we work to develop and strengthen our policies
and procedures. We recently shared planning information with our local municipal
partners and are committed to sharing our policies and procedures with as we complete
them.
WHAT'S HAPPENING AT THE CITY THAT IMPACTS THE COUNTY?
A new policy "Smoke -Free Policy & Cannabis Cultivation Policy in City -owned social
housing" was recently passed by the St. Thomas City Council. The City of St. Thomas'
Ontario Works Department is responsible for the funding and overall administration
of social housing programs in the City of St. Thomas and the County of Elgin.
Subsidized housing is available at over 1,300 units in St. Thomas and Elgin County,
including townhouses, apartments, duplexes, and single-family homes for families,
singles, and seniors. Some supportive housing is available as well.
This policy was developed to jointly address two related topics:
1. Smoking on City -owned housing properties
2. Cultivation of medical or recreational cannabis on City -owned housing properties
The Smoke -Free Policy and Cannabis Cultivation Policy in City -owned social housing
policy is attached for your review.
RECOMMENDATION:
THAT the report titled "Legalization of Recreational Cannabis — Update" from the Chief
Administrative officer, dated October 8, 2018, be received and filed.
All of which is Respectfully Submitted
Julie Gonyou
Chief Administrative Officer
.E
Smoke -Free Policy
& Cannabis Cultivation Policy
— —
in City -owned soci
KK~ty-owne=soc^ aU housing
,vs vAuw*v c/`, October 1,J018
Preamble
Promoting
PnomotingLhehealthandvve|l-beinQoftenaNsreoidinginCity'ownedhousing isimportant. It is the
City's responsibility to take steps to ensure tenants are provided with a safe and healthy living
environment.
With the use and cultivation of recreational cannabis becoming legal in Canada on October 17, 2018,
this policy was developed to jointly address two related topics:
1. smoking on City—owned housing properties
3. cultivation of medical or recreational cannabis on City -owned housing properties
Benefits of a Smoke -Free and Cannabis Cultivation Policy
The hazardous health effects of second-hand smoke are well-documented, indicating there is no safe
level of exposure. Smoke -Free Housing Ontario reports the top five ways people are exposed to second-
hand smoke in both old and new apartments are:
1. from aneighbour's patio nrbalcony orfrom outdoor common areas
I through open windows ordoors
3. through electrical outlets, cable orphone jacks, orceiling fixtures
4. through cracks and gaps around sinks, countertops, windows, doors, floors, walls or
dropped ceilings, and
through the ventilation or forced air system.
@yhelping ioimprove indoor air quality, usmoke-free policy promotes better health for tenants,
particularly children and vulnerable populations such as seniors with chronic health problems.
Other benefits ofsmoke-free residential buildings are:
v reduced repair and maintenance costs
• reduced risk offires
p reduced insurance costs
• the majority of Ontario renters do not smoke and prefer to live in smoke-free buildings (Ipsos
Reid research)
Regarding cannabis cultivation, growing marijuana requires powerful artificial lights, fans, and osteady
supply of fresh air. Detrimental effects may include high humidity and oclours. This may result in physical
damage to units (i.e. mould) and reduced air quality for other tenants. Electricity costs would increase.
Furthermore, monitoring compliance with the legal allowance of four plants per residence poses
operational and safety concerns for staff.
91
Smoke -Free Policy
& Cannabis Cultivation Policy
in City -owned social housing
October 1, 2018
The dual intent ofthis policy, therefore, istoimmediately initiate aprocess tocreate 100%smoke-free
housing, and to proactively avert problems by prohibiting the cultivation of cannabis in all City -owned
housing as of the day the federal Cannabis Act takes effect on October 17, 2018.
Definitions
"Smoke", as a verb, and "Smoking" means to inhale or exhale the smoke or vapour from, or to burn,
hold or otherwise have control over, ignited or heated tobacco, cannabis or other substances intended
to be vaporized in an e -cigarette orother electronic device designed to operate on the same principle as
ane'cigarette.
New Rent Agreements/Leases
The lease template for City -owned housing units shall be amended to include:
* a clause prohibiting smoking in units, on balconies or patios, in all common areas, and anywhere
onCity/ovvnedhousingpremises,exceptindeady-markeddesignatedsmokingoneaswhichvviU
beinlocations determined bythe City auproperty owner.
u "smoking" is defined in the clause inaccordance with the definition in this policy
o the clause specifies that the non-smoking rules also apply tootenontls guests and
visitors including persons hired bythe tenant toprovide oservice orproduct
* a clause prohibiting the cultivation ofcannabis in units, on balconies orpatios, in common areas,
and anywhere onCity-owned housing premises, effective October 17,2U18
Effective Date
The new lease agreement shall be applicable to all new tenants or transfers as of October 17, 2018.
The cannabis smoking and cultivation rules are effective onOctober l7 2018and are applicable toall
tenants, current and new.
Cannabis smoking and cultivation provision
Clause 22 of the lease agreement permits the City to revise or add rules and regulations at any time in
Schedule A. The rules and regulations in Schedule A form part of the lease agreement. As such,
Schedu|e"A"ofthecurrent|eaoeaAreementsbeLvveentheCityundTenantshasbeen/eviaedto
include a rule prohibiting the smoking and cultivation of cannabis, applicable to all tenants. Atenant
may contact social housing administration staff if the tenant has reason to believe their contractual
rights and past practices may qualify them for an exemption from the prohibition on growing of
cannabis in a City of St. Thomas housing facility for personal medical purposes.
Smoke -Free Policy
& Cannabis Cultivation Policy
in City -owned social housing
October 1, 2018
After October 17, 2018, the cannabis smoking and cultivation provisions shall be included as a clause in
the lease agreement. The cultivation of cannabis anywhere on City -owned housing property shall be
prohibited.
No -smoking provisions — current tenants
Tenants who have signed |easea&reementsheforeOCtnher17,2018shaUbe"o/andfathenedin"
(exempt) from the section of the Policy that applies to smoking tobacco products in -their units as long as
they continue to live in the same unit. This means they can continue to smoke intheir rental unit,
including their balconies and patios. If the tenant transfers to another City -owned unit, the new lease
agreement must besigned.
When smoking outside oftheirrenta|unitindudingtheirba|coniesandpatios all tenants and their
guests may only smoke inclearly-marked designated smoking areas.
Current tenants shall be encouraged to voluntarily sign a new lease. Tenants may do so at any time by
contacting their Housing Programs Coordinator at St. Thomas -Elgin Social Services.
New City -owned social/affordable housing developments
The Smoke -Free Policy and Cannabis Cultivation Policy shall apply to all new City -owned social and/or
affordable housing developments.
Exemotions to the Smoke -Free Pol
Accommodation - The no -smoking dauseorro|eapp|ies tothe smoking ofmedicinal cannabis inaunit,
unless a doctor's note is provided stating that smoking cannabis is the prescribed method the tenant
requires to achieve the desired therapeutic effect for the treatment of a disability or disability -related
symptoms, and the tenant issuffering from agrave and debilitating illness and istherefore unable to
easily leave the unit to smoke. it is the responsibility of tenants to notify staff of accommodation
requirements at the time the lease is signed or when medical conditions change.
Traditional use of tobacco -Thenn- mokinCrlauoedoesnotappk/toanAbohgina|peraonandhis/her
guests who smoke or hold lit tobacco products in a unit during the course of traditional cultural or
spiritual activities. This exemption is applicable to sacred uses of tobacco only.
Communications
The non-smoking rules and cannabis cultivation rules shall be clearly communicated to all new tenants
atthe time the unit isoffered and again when the lease issigned. Tenants shall beasked toindicate
their acceptance of the rules by initialling the relevant clause(s) when signing the lease.
Prior to the policy effective date, the Smoke -Free Policy and Cannabis Cultivation Policy shall be
93
Smoke -Free Policy
in City -owned social housing
October 1, 2018
face-to-face meetings with tenants, to ensure tenants understand why the policy is being implemented
and to promote the health benefits of becoming smoke-free. Regular reminders and information shall
beprovided totenants nnanongoing basis.
The Tenant Handbook shall be revised to incorporate the Smoke -Free Policy and Cannabis Cultivation
Applicable no -smoking signage shall beposted onall City -owned housing.
Complaints
Tenants who wish to complain about another tenant who is violating the Smoke -Free or Cannabis
Cultivation Policy may submit their complaint in writing to their Housing Programs Coordinator. The
name of the person submitted the complaint must be provided. Anonymous complaints will not be
acknowledged.
Current tenants who are grandfathered in (exempt) from the Smoke -Free Policy must follow the rules in
this Policy when smoking outside. In other words, smoking is permitted in clearly -marked designated
smoking areas. Other tenants still have the right to complain about them should they substantially
interfere with the reasonable enjoyment oftheir unit.
Enforcement
Under the Residential Tenancies Act and inaccordance with this policy, olandlord may give notice to
end a tenancy if the tenant's smoking of any combustible products or cultivation of cannabis:
* substantially interferes with the reasonable enjoyment of the landlord or other tenants
* causes undue damage
* impairs safety
• substantially interferes with another lawful right, privilege, or interest of the landlord
* constitutes anillegal activity
Housing staff shall maintain detailed records of infraction incidents and complaints from other tenants.
Prior to giving notice to evict a tenant, Housing staff may send one or more written reminders/warnings
to tenants who are violating the policy, meet with the tenants who are violating the policy, and use
other appropriate measures to ensure compliance. Eviction shall be sought as a last resort citing breach
of reasonable enjoyment of neighbouring tenants or substantial interference with the landlord's rights,
privilege, or interest to provide a non-smoking environment and/or to prohibit the cultivation of
cannabis.
M
n! afvfejj;�'
flgin REPORT TO COUNTY COUNCIL
1 w rae'h 4d Wer 1M',r bFCr
FROM: Julie Gonyou, Chief Administrative Officer
Steve Evans, Manager of Planning
DATE: October 8, 2018
SUBJECT: Review of Land Division By-law 15-03
INTRODUCTION:
The Land Division Committee is responsible for authorizing the separation of a parcel of
land to create two or more parcels in circumstances where a plan of subdivision is not
necessary. This Committee is appointed by County Council for the term of Council and
can be appointed for a subsequent term after which they shall be replaced.
The Land Division Committee is about to experience significant turnover of members as a
number of Members have reached the end of their second terms. This is an appropriate
time to review and make necessary adjustments to the Land Division Committee by-law
in advance of the commencement of the new Land Division Committee appointments
which will take place on January 1, 2019.
Historically, Land Division Committee meetings were expeditiously handled in half a day.
Due to the volume of applications received over the past term, the Land Division
Committee meetings are now, more often than not, full day meetings. The per diem rates
were established for this Committee in 2015 at a time when the majority of meetings were
half-day meetings.
It is recommended that the per diem rates paid to Land Division Committee members be
reviewed to assess whether the remuneration is sufficient to cover full-day meetings.
The purpose of this report is to explore whether County Council would like to revisit the
remuneration paid to Land Division Committee members and provide direction to staff to
make necessary amendments to the current by-law.
DISCUSSION:
In the last year, most Land Division Committee meetings had very full agendas and
Committee meetings extended well into the afternoon, often ending at 4:00 pm. The
current per diem rate for Land Division Committee members established by By-law 15-03
in 2015 sufficiently covers members who attend half day meetings.
The current By-law 15-03 states the following:
2. That the Members of the Land Division Committee be paid the following remuneration
for attending meetings of the said Committee:
a) For attending a duly called meeting of the Committee, each member shall be
paid a per diem of $150.00.
95
b) In addition to the above remuneration, the Chair shall receive an additional
$250.00 per year to recognize the additional responsibilities of the position.
c) In addition to the above remuneration, each Member shall be paid the same
rate for each kilometer necessarily traveled in attending such meetings as
established by Council for the use of personal vehicles while on County
business.
3. Each Member shall be paid, in addition to the above remuneration, $60.00 for each
application that the member investigates and $30.00 for all subsequent applications
relating to the same parcel of land. This is to cover mileage and/or attendance at local
council meetings to discuss the applications.
Analysis:
Should Council wish to adjust the per diem rates for Land Division Committee members,
a possible amendment, submitted by the Manager of Planning is detailed below.
That the current by-law be amended to include the following:
2. That the Members of the Land Division Committee be paid the following remuneration
for attending meetings of the said Committee:
a) For attending a duly called meeting of the Committee, each member shall
be paid a per diem of $150.00 per half day and $300.00 for a full day meeting.
(insert: $300.00 for a full day meeting)
b) In addition to the above remuneration, each Member shall be paid the same
rate for each kilometer necessarily travelled in attending such meetings as
established by Council for the use of personal vehicles while on County business.
(no change)
c) Each member shall be paid, in addition to the above remuneration, $60.00 for
each application that the member investigates (remove: and $30.00 for all
subsequent applications relating to the same parcel of land.) to cover mileage.
(rernove- and/or attendance at local council meetings to discuss applications)
Based on the number of meetings held in 2018 and assuming that the majority of meetings
in 2019 will be full-day meetings, the impact on the budget would be an $11,000 increase
annually.
CONCLUSION:
Should Council wish to make changes to the remuneration for Land Division members,
staff will take the necessary steps to prepare for any amendments by revising the by-law
and any other required changes to relevant by-laws, all of which will be presented to
County Council at the November 27, 2018 meeting.
RECOMMENDATIONS:
THAT the report titled "Review of Land Division By-law 15-03" from the Chief Administrative
Officer and Manager of Planning, dated October 8, 2018, be received and filed; and,
THAT staff be directed to undertake any amendments to this by-law and other relevant
by-laws as directed by County Council for review and approval at the November 27, 2018
meeting.
All of which is Respectfully Submitted
Julie Gonyou
Chief Administrative Officer
Steve Evans
Manager of Planning
97
w, rmllllyij J
flgin
1 wrae'h 4dWer 1M',r REPORT TO COUNTY COUNCIL
bFCr
FROM: Julie Gonyou, Chief Administrative Officer
Steve Evans, Manager of Planning
DATE: October 8, 2018
SUBJECT: Review of Land Division Procedural By-law 05-24
INTRODUCTION:
By-law No. 05-24 being "A By-law to Prescribe Procedures for Governing the Calling,
Place and Proceedings of the Elgin County Land Division Committee" was established
in 2005.
The purpose of this report is to present three necessary amendments to the current by-
law to reflect changes in the composition of the Committee - membership and quorum
(as adopted by County Council on June 10, 2014 and effective January 1, 2015) and a
change in appeals in regard to the introduction of the Local Planning Appeal Tribunal
(LPAT) formerly known as the Ontario Municipal Board (OMB).
DISCUSSION:
Three sections of the current by-law require revisions.
Authority
Elgin County Council, by By-law No. 2162 dated June 15, 1971, in accordance with
provisions in the Planning Act, did constitute and appoint a five -member Land Division
Committee and authority to decide planning matters was thereby delegated to said
Committee. County Council has the right to alter, amend or revoke these delegated
powers as deemed appropriate. (add: On June 10, 2014 County Council adopted a
resolution increasing the Land Division Committee to seven (7) members effective January
1, 2015 and stipulating that that the new Land Division Committee consist of one (1)
appointee, either elected or non -elected, from each of Elgin's constituent municipalities.)
7. Quorum
(a) The quorum for the Elgin County Land Division Committee shall be four (4) of the
seven (7) members on the Committee. (remove: three (3) of the five (5) members).
11. Appeals
All Consent Appeals to the Local Planning Appeal Tribunal (LPAT) are to be referred to
a Solicitor and/or Professional Planner, as deemed appropriate, in order that the Decision
of the Land Division Committee is defended at LPAT Hearings. (remove: reference to
Ontario Municipal Board (OMB) and replace with Local Planning Appeal Tribunal).
CONCLUSION:
The by-law that governs the procedures of the Land Division Committee requires updates
to reflect current practices (effective January 1, 2015) and the introduction of the Local
Planning Appeal Tribunal (LPAT) in place of the Ontario Municipal Board (OMB). A
revised by-law will be enacted on the condition of Council's approval.
RECOMMENDATIONS:
THAT the report titled "Review of Land Division Procedural By-law 05-24" from the Chief
Administrative Officer and Manager of Planning, dated October 8, 2018, be received and
filed; and,
THAT changes to By-law 18-36 "A By -Law to Prescribe Procedures for Governing the
Calling, Place and Procedures of the Elgin County Land Division Committee" be approved
and that said by-law be enacted.
All of which is Respectfully Submitted
Julie Gonyou
Chief Administrative Officer
Steve Evans
Manager of Planning
99
w, rmllllyij J
flgin
1 wrae'h 4dWer 1M',r REPORT TO COUNTY COUNCIL
bFCr
FROM: Julie Gonyou, Chief Administrative Officer/Clerk
DATE: September 29, 2018
SUBJECT: Final Draft of Elgin County Council Procedural By-law
INTRODUCTION:
The Municipal Act requires that every Ontario municipality and local board adopt a
procedural by-law to govern the calling, location and proceedings of meeting. Elgin
County Council's Procedural By-law ("By-law") was comprehensively reviewed by County
Council on September 25, 2018. Proposed amendments to the By-law presented to
County Council included revisions to reflect changes in legislation, Council practice and
feedback received by Council in March 2018. All feedback provided by Council has been
incorporated into the final draft as presented today.
The purpose of this report is to seek Council's approval and enactment of the amended
Procedural By-law.
ANALYSIS:
Electronic Participation is included in the final draft as agreed to by Council and
was revised to include that a Council Member may participate in meetings that are
open to the public. Participation in Closed Meetings is restricted to Members who
are participating in-person.
(a) Since there was some concern about this section, an additional provision
includes: Participation by Members in-person is preferred and shall be reserved
for emergencies or accessibility requirements. (Section 11)
2. Pecuniary Interest now includes that a form will be provided, as suggested by
Council. (Section 20)
3. Rules of Debate: Revised to include provision that individuals from the gallery
may be permitted to speak during the Meeting with the consent of Council
(replaces Chair). (Section 21)
4. Reconsideration: 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 and such Motion may only be passed by a two -third vote of the
entire Council in support of such reconsideration (removed reference to members
who voted in the majority, as this would require recorded votes). (Section 22)
100
5. Warden Entering Debate: Changed to allow the Warden to participate in the debate
from the Chair and alternatively and when he or she deems appropriate, he or she
may leave the Chair and, at that time, call on the Deputy Warden to fill their place
until they resume the Chair. (Section 28)
6. Absence of Warden and/or Deputy Warden: In case the Warden does not attend or
participate electronically 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.
(Section 30)
7. An additional section in regard to Closed Meeting Minutes has been included and
states "all Closed Meeting Minutes for Council and Committee Meetings shall be
circulated at the commencement of the next Meeting and addressed to each
Member of Council. Following approval of the minutes, the copies of the Closed
Meeting Minutes will be returned to the CAO/Clerk for shredding. Closed Meeting
Minute binders for Council and Committee Meetings are maintained by the
CAO/Clerk and are only accessible by the CAO/Clerk." This is standard practice
for other municipalities. (Section 26)
8. Administrative Authority of CAO/Clerk revised to clarify that changes in meaning
while amending 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 will shall be
presented to Councilor the Committee for approval. (Section 33)
9. General Provisions: Revised to include 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. (Section 44)
CONCLUSION:
The purpose of this final review of the Elgin County Council Procedural By-law is to obtain
final approval from County Council to enact By-law 18-35.
RECOMMENDATIONS:
THAT the report titled "Final Draft of Elgin County Council's Procedural By-law" from the
Chief Administrative Officer/Clerk, dated September 29, 2018, be received and filed; and,
THAT the "Elgin County Council Procedural By-law" as presented be approved and By-law
18-35 be enacted.
All of which is Respectfully Submitted
Julie Gonyou
Chief Administrative Officer/Clerk
101
COUNTY OF ELGIN
By -Law No. 18-35
"TO REGULATE THE PROCEEDINGS IN THE MUNICIPAL COUNCIL OF
THE CORPORATION OF THE COUNTY OF ELGIN AND COMMITTEES THEREOF,
AND TO REPEAL BY-LAW 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-law
No. 11-06 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 .
ollows:
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,
Chief Administrative Officer
102
David Marr,
Warden
Procedural By-law Amendments
By-law 18-35
APPENDIX B
By-law No. 18-35
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...................................................................................................
2. PURPOSE.......................................................................................................
3. PRINCIPLES OF THE PROCEDURAL BY-LAW .....................................................
4. APPLICATION..................................................................................................
5. INTERPRETING THE PROCEDURAL BY-LAW ......................................................
6. SUSPENSION OF RULES..................................................................................
7. MAJORITY VOTE..............................................................................................
1 11
6
6
7
7
7
7
8. COUNCIL COMPOSITION.................................................................................. 7
9. INAUGURAL MEETING AND ANNUAL ELECTION OF WARDEN ..............................
10. APPOINTMENT OF DEPUTY WARDEN................................................................
11. REGULAR MEETINGS OF COUNCIL....................................................................
(A) LOCATION AND SCHEDULE OF MEETINGS OF COUNCIL AND OTHER
COMMMITTEES......................................................................................
(B) NOTICE OF MEETINGS OF COUNCIL........................................................
(C) SPECIAL MEETINGS OF COUNCIL............................................................
(D) NOTICE OF SPECIAL MEETINGS OF COUNCIL ...........................................
(E) EMERGENCY MEETINGS OF COUNCIL .....................................................
(F) NOTICE OF EMERGENCY MEETINGS OF COUNCIL ....................................
(G) WORKSHOP AND ORIENTATION MEETINGS ..............................................
(H) NOTICE OF WORKSHOP AND ORIENTATION MEETINGS .............................
(1) CANCELLATION OR POSTPONEMENT OF MEETINGS .................................
(J) INVALIDATION OF NOTICE OF MEETING ...................................................
(K) QUORUM................................................................................................
(L) LATE ARRIVAL........................................................................................
(M) ELECTRONIC PARTICIPATION.................................................................
12. PREPARATION OF THE AGENDAS OF COUNCIL .................................................
L-1
Wil
i [7
10
10
11
11
11
12
12
12
12
13
13
13
13
14
13. AGENDA......................................................................................................... 14
(A) REGULAR MEETING................................................................................ 14
(B) INAUGURAL MEETING............................................................................. 15
14. CHANGES IN ORDER OF AGENDA OF COMMITTEE OF THE WHOLE .................... 15
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15. MATTERS OF URGENCY/ADDENDUM TO AGENDA ............................................ 16
16. OTHER BUSINESS.......................................................................................... 16
(A) STATEMENTS/ INQUIRIES BY MEMBERS .................................................. 16
(B) NOTICE OF MOTION................................................................................ 16
17. REPORTS FROM COUNTY STAFF.................................................................... 17
18. PETITIONS, DELEGATIONS AND CORRESPONDENCE ....................................... 17
(A) PETITIONS............................................................................................. 17
(B) DELEGATIONS....................................................................................... 18
(C) CORRESPONDENCE............................................................................... 18
(D) MINUTES............................................................................................... 19
19. COMMITTEE OF THE WHOLE........................................................................... 19
20. PECUNIARY INTEREST................................................................................... 20
21. RULES OF DEBATE........................................................................................ 20
22. RECONSIDERATION....................................................................................... 21
23. READINGS OF BY-LAWS AND PROCEEDINGS .................................................. 22
24. MOTIONS FROM OTHER MUNICIPALITIES AND ORGANIZATIONS REQUESTING
ENDORSEMENT ............................................................................................. 22
25. PRESENTATIONS AND RECOGNITIONS............................................................ 22
26. OPEN MEETINGS AND CLOSED SESSION MEETINGS ........................................
23
(A)
OPEN MEETINGS AND IMPROPER CONDUCT ............................................
23
(B)
CLOSED SESSION MEETINGS..................................................................
23
(C)
VOTING DURING MEETINGS CLOSED TO THE PUBLIC ...............................
24
(D)
NOTICE OF MEETINGS CLOSED TO THE PUBLIC .......................................
25
(E)
CONFIDENTIALITY OF CLOSED SESSION DISCUSSIONS AND PUBLIC
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 ALTERNATE MEMBER LESS THAN 1(ONE) MONTH.........
31
(E)
APPOINTMENT OF ALTERNATE MEMBER EXCEEDING 1(ONE) MONTH........
31
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32. MEMBER VACANCY....................................................................................... 32
(A) VACANCY OF SEAT OF MEMBER OF COUNCIL .......................................... 32
(B) VACANCY OF SEAT OF WARDEN............................................................. 32
(C) PREGNANCY AND PRENATAL LEAVE ...................................................... 33
33. ADMINISTRATIVE AUTHORITY OF CAO/CLERK................................................. 33
34.
ORGANIZATION OF COMMITTEES...................................................................
33
35.
AD HOC, COMMITTEE OR STEERING COMMITTEES ...........................................
34
36.
COMMITTEE VACANCIES/APPOINTMENTS.......................................................
35
37.
OTHER COMMITTEES/LOCAL BOARD/AGENCIES..............................................
35
38.
GENERAL RULES FOR ALL COMMITTEES........................................................
36
39.
DUTIES OF COMMITTEES................................................................................
36
40.
RESTRICTION ON POWER OF MEMBERS..........................................................
36
41.
REPEAL OR AMENDMENT OF THIS BY-LAW .....................................................
37
42.
CONVENTION ATTENDANCE...........................................................................
37
43.
PUBLIC RECORD...........................................................................................
37
44.
GENERAL PROVISIONS..................................................................................
37
45.
CONFLICT WITH THE MUNICIPAL ACT.............................................................
37
46.
SEVERABILITY...............................................................................................
37
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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 an authorized individual who, 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 or any successor provision thereto.
"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 alternate 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.
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"Ex -Officio" means a Member who 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 minimum 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 person 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 Meeting at which 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.
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"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.
Procedural By-law Amendments
By-law 18-35
(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. Majority 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 given
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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) A person elected or appointed as a Member of Council shall not take a seat on Elgin County
Council until the CAO/Clerk has received the certificate from the constituent municipality
certifying the name of each person elected or appointed.
(b) No business shall be conducted at the first meeting of Council until after the declarations of
office have been made by all Members who present themselves for that purpose.
(c) 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.
(d) The annual election of the Warden 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 Council are present in the Council Chamber.
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(e) 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.
(f) For the appointment of the Warden, the following regulations and procedures shall be
followed:
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.
iii. 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.
iv. The CAO/Clerk shall ask those Members of Council seeking the Office of Warden to
stand.
v. 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.
vii. 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.
viii. 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.
ix. 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.
x. By Motion, the CAO/Clerk shall be directed to destroy the ballots after the election has
been completed.
A. For the purposes of electing the Warden, each Member of County Council shall have
one vote.
xii. 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.
xiii. 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.
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10. Appointment of Deputy 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.
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.
ii. 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.
ii. 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.
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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 of such Special Meeting of Council as is reasonable under the
circumstances.
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; and,
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; or
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.
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(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.
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; and,
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; or
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.
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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.
0) 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.
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
Electronic Participation at Meetings shall be reserved for emergencies or accessibility
requirements. 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:
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(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.
ii. 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.
(d) Should the Chair be unable to hear a Member participating electronically the vote
shall be deemed a negative vote.
(e) The Council Member may participate in meetings that are open to the public.
Participation in Closed Meetings is restricted to Members who are participating in
person.
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
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(b)
14.
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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
Inauaural Meetina/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)
Std 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)
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 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
Changes in Order of Agenda of Committee of the Whole
The business of Council is dealt with in the order stated on the published agenda, unless the
Warden consents to changing the order.
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15. Matters of Urgency/Addendum to Agenda
(a) When, after the Agenda has been prepared and distributed as Notice of a Meeting of
Council, a Member wishes to inform Council of an additional matter that, in his or her opinion,
should be considered immediately and during the course of such Meeting, then, after
notification of the CAO/Clerk, he or she shall present such matter to Council at such Meeting
through the Chair and, with the consent of the majority of Members present, the matter shall
only then be added to the Agenda and considered as an additional Matter of Urgency without
any prior or further Notice being given or required.
16. Other Business
(a) Statements/Inquiries by Members
(b)
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.
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.
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.
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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.
Ai. 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 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 of Council
and on any subject that falls within the jurisdiction of any outside board shall, upon
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.
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(b) Delegations
i. 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.
ix. No person shall be allowed to address Council during any Meeting 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
i. 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
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Meeting. Where required due to urgency or timing, correspondence may be considered
directly by Council as an item of New Business, as an Addendum to the Agenda, or as a
matter for Closed Session.
ii. Staff may prepare recommendations related to any matter raised in Correspondence 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. Receipt of correspondence by Council does not constitute endorsement of either the
correspondence by the County or of any recommendations it may contain or actions it
may advocate.
vii. When not requested to be included in a Council agenda, correspondence may be
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:
(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.
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(b) The rules of Council shall be observed in the Committee of the Whole, so far as may be
applicable.
(c) 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 declaring a
pecuniary or other conflict of interest 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
(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) 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.
(c) 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.
(d) 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.
(e) 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.
(f) No Member shall partake of food in the Council Chamber while the Council is Meeting. No
Member shall speak outside the question in debate.
(g) 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.
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(h) During any Council or Committee Meeting, except during any period sitting as Committee of
the Whole, no Member, unless Council 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.
(i) 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.
(j) 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
explain the same; and in answering any such questions, a Member is not to debate the
matter to which the same refers.
(k) Members of Council or Committee, except the Warden, shall be referred to as County
Councillors.
(1) 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.
(m) Upon a tie vote on any question, by a show of hands, a recorded vote shall then be taken.
(n) Upon a tie recorded vote the question shall be considered a defeated Motion.
(o) 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.
(p) 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 and such Motion may only be passed by a two -third vote of the entire
Council in support of such reconsideration.
(b) Reconsideration of a Motion must take place at the same meeting or, in a multi -day session,
the next day.
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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 by Council 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.
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.
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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 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 or 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;
(f) advice that is subject to solicitor -client privilege, including communications
necessary for that purpose;
(g) a matter in respect of which a council, board, committee or other body may hold a
closed meeting under another Act;
(h) information explicitly supplied in confidence to the municipality or local board by
Canada, a province or territory or a Crown agency or any of them;
(i) 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 the organization;
Q) 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
(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.
ii. A meeting or part of a meeting shall be closed to the public if the subject matter being
considered is:
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(a) a request under the Municipal Freedom of Information of Information and Protection
of Privacy Act, if the council, board, commission or other body is the head of an
institution for the purposes of that Act; or
(b) an ongoing investigation respecting the municipality, a local board or a municipally -
controlled corporation by the Ombudsman appointed under the Ombudsman Act, an
Ombudsman appointed by Council or the investigator appointed by Council.
iii. A meeting of Council or of a committee of either of them may be closed to the public if
the following conditions are both satisfied:
(a) the meeting is held for the purpose of educating or training the members; and
(b) at the meeting, no member discusses or otherwise deals with any matter in a way
that materially advances the business or decision-making of Council, local board or
committee.
iv. 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,
(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.
v. All Closed Meeting Minutes for Council and Committee Meetings shall be circulated at
the commencement of the next Meeting and addressed to each Member of Council.
vii. Following approval of the minutes, the copies of the Closed Meeting Minutes will be
returned to the CAO/Clerk for shredding.
viii. Closed Meeting Minute binders for Council and Committee Meetings are maintained by
the CAO/Clerk and are only accessible by the CAO/Clerk.
(c) Voting During Meetings Closed to the Public
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
(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.
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ii. On Motion in Committee of the Whole in a Closed Meeting, to rise and report the
question shall be decided without debate involving any of the following:
i. Motion to rise without reporting
ii. Motion to rise and report
iii. Motion to provide staff direction
iii. With respect to debate and/or vote in a Meeting closed to the public:
(a) 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.
(b) 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 shall disclose:
(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.
ii. 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 Meeting shall always be in order and be decided without
debate, except when a Member is in possession of the floor.
v. Upon rising from a Closed Meeting, the Chair shall announce the result of the vote as it
is to be recorded in the minutes.
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(f) Application of Open and Closed Meeting Provisions to all Committees
The provisions of Section 239 of the Act and Sections 26 (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 such opinion and
the report in which it was delivered.
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
Meeting 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;
v. to carry out the duties of the Chair under any other Act or any other Statute of the
Province;
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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 an ex -officio 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.
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(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 take part in the debate of Council, he or she may remain in the Chair
to do so. Alternatively and when he or she deems appropriate, he or she may leave the
Chair and, at that time, call on the Deputy Warden 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.
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(b) The role of Council Members also includes, where applicable:
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 and the extent to which such services are provided to the
residents of the County;
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; and
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
Council of the constituent municipality and the County when the Member is unable to
attend a Meeting of County Council for any reason.
iii. County Council has no role in the appointment of Alternate Members but it can establish
procedures for accommodating Alternate Members 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;
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(b) The appointment is for the term of Council; and
(c) Municipalities cannot appoint another Alternate Member 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 Member 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 Member 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 Alternate 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 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 Member attend a Council Meeting, the Member
shall assume their seat. The Alternate Member may attend as a spectator.
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(d) Appointment of Alternate Member 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.
An Alternate Member appointed at the discretion of a constituent municipality as
contemplated by section 31 (d)(i) above shall not receive compensation from 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 his or her 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 Alternate Member 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.
Upon notice of vacancy of a Member exceeding one (1) month, the Member's
compensation and expense reimbursement eligibility will cease and will be provided to
the Alternate Member so appointed in his or her place by the constituent municipality in
the same manner.
iii. An Alternate Member so appointed 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 so appointed 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.
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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 (3) 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 so appointed by the
constituent municipality in the same manner.
iv. An Alternate Member, so appointed 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 so appointed 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.
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(c) Pregnancy and Parental Leave
The provisions of this sub -section 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.
The office of a Member of Council shall not become vacant if a Member is absent for
twenty (20) consecutive weeks or less when such 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 a request for pregnancy and/or parental leave in writing
to the CAO/Clerk.
iv. If a Member wishes to seek 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. Any 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.
(b) Significant changes to by-laws, minutes and other Council and Committee documentation
including a change in meaning, shall be presented to Council or the involved Committee for
approval and adoption.
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.
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(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, local board or
agency.
(e) Any Member attending at any Meeting of a Committee, local board or agency shall not be
entitled to additional compensation but shall be entitled to reimbursement of travel expenses.
35. Ad Hoc, Committee or Steering Committees
(a) Council may at any time, on Motion of a Member duly considered and agreed to by a majority
vote strike a Committee, Ad Hoc Committee and/or Steering Committee, as the case may be,
which 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, Ad Hoc Committee and/or Steering Committee shall dissolve
as soon as the services for which that Committee was appointed are performed. Council may
appoint an Ad Hoc Committee and/or Steering Committee if an issue must be addressed and
it does not fall within the scope of management staff.
(b) For every Committee, Ad Hoc Committee and/or Steering Committee 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. Identification of Members as appointed including term of office for lay appointments if the
term does not coincide with the term of council;
ii. The mandate of such Committee, Ad Hoc Committee and/or Steering Committee;
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, Ad Hoc Committee and/or Steering Committee.
(d) The powers and duties of established Committees, Ad Hoc Committees and/or 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, Ad Hoc Committees and/or
Steering 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, Ad Hoc Committees and/or Steering 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.
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(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.
36. Committee Vacancies/Appointments
(a) Committee, local board or 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/Local 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 Committees
3 Members + Warden(perproject)
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 Committee — 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. Persons serving on Land Division Committee shall be eligible for
re -appointment, but shall not be eligible for re -appointment to the same position for more than eight
(8) consecutive years. After an absence of not less than one (1) year, such person shall be eligible
for reappointment.
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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 not 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.
(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 his or her 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 any 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.
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 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. Restriction on Power of Members
(a) No Member of Council shall have power to direct or interfere with the performance of any
work of the County Corporation.
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41. Reseal 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
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 contained in this by-law 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
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the legality, validity or enforceability of that section, in whole or in part, in any other
jurisdiction.
ENACTED THIS 16th DAY OF OCTOBER, 2018.
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140
w, rmllllyij J
flgin
1 wrae'h 4dWer 1M',r REPORT TO COUNTY COUNCIL
bFCr
FROM: Julie Gonyou, Chief Administrative Officer/Clerk
DATE: September 29, 2018
SUBJECT: Elgin County Council Policies Manual
INTRODUCTION:
Council completed a comprehensive review of the Council Policies Manual and Council's
Procedural By-law on September 25, 2018.
This review seeks Council's final approval for the amended Council Policy Manual.
ANALYSIS:
Incorporated suggestions from the Council Meeting on September 25, 2018-
1. Change in Warden's Election Reception and Annual Warden's Dinner;
2. Addition of Official Statements concerning management, services and staffing to
be made by the Chief Administrative Officer/Clerk with the permission of the
Warden;
3. Revised definition of Meeting — to align with Procedural By-law and new
legislation and updated Land Division Section to align with Procedural By-law.
4. Revised remuneration for Warden and Councillors;
5. Corporate Branding information;
6. Appendices will be included (Grants Policy, etc.)
CONCLUSION:
The purpose of this final review of the Council Policy Manual is to obtain final approval
from County Council that this document sufficiently captures the suggestions provided
on September 25, 2018.
RECOMMENDATIONS:
THAT the report titled "Elgin County Council's Policies Manual" from the Chief
Administrative Officer, dated September 29, 2018, be received and filed; and,
THAT the "Elgin County Council Policies Manual" be approved as presented.
All of which is Respectfully Submitted
Julie Gonyou
Chief Administrative Officer/Clerk
141
ELGIN COUNTY COUNCIL
POLICIES MANUAL
VITEI.711 =1 14
CELLULAR TELEPHONE/ELECTRONIC COMMUNICATION DEVICE
The Warden shall be provided with a cell phone or other electronic device approved by
Information Technology for business use. Personal use is subject to Council Policy.
Retiring Warden will return said equipment 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/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.
MII FArF
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/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. 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 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.
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.
142
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.
Reimbursement shall be made as soon as possible after receipt of claim but will
coincide with the next scheduled cheque run.
ELECTION RECEPTION
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
Statements concerning official policies of County Council shall be released by the Warden
only or a person named by the Warden (CAO/Clerk) to provide statements or information
to the media. Statements concerning management, services and staffing shall be released
by the CAO/Clerk with permission from the Warden. 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 CAO/Clerk'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.
MEETING DEFINITION
Pursuant to Council's Procedural By-law a "meeting" means an event wherein business is
transacted for any regular or special purpose by the 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 the Council, local board or
committee.
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.
REMUNERATION
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, $69,918 (2019) 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.
143
b) In addition to the above remuneration, the Warden shall be paid 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 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 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.
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ELGIN COUNTY COUNCIL
POLICIES MANUAL
C [ Mr.II
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.
BEREAVEMENT
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.
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 pursuant to Council's
Procedural By-law.
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.
145
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, pursuant
to Council's Procedural By-law.
2. No action will be taken on any unsigned and unsolicited correspondence received by
County staff with said correspondence being destroyed immediately upon receipt.
146
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
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
Dinner, 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
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
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.
147
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.
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 CAO/Clerk.
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.
iPADS OR OTHER ELECTRONIC DEVICES
1. An iPAD and keyboard or other 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.
um
REMUNERATION
Pursuant to Council's Procedural By-law a "Meeting" means an event wherein business is
transacted for any regular or special purpose by the 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 the Council, local board or
committee.
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.
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 remuneration of $25,607 (2019) 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 for each kilometre
necessarily travelled in attending meetings as established for the use of personal
vehicles for County business.
c) Members of Council will submit their kilometres travelled for attending Council and
other approved meetings to the Administrative Services at the final Council 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 Council remuneration is designed to cover these
obligations.
REPORTS
All reports to Council will be presented by the author or alternate and shall include a
recommendation for Council's consideration.
149
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.
WARDEN'S DINNER
a) Council shall host an annual dinner or recognition evening at which the Warden and
spouse/guest shall be recognized for their achievements and contributions during the
year.
b) The dinner shall be arranged and by Administrative Services and the Warden with
participation in the programme by members of County Council.
c) The timing of the dinner shall be near completion of the term as Warden (early
November).
d) The Warden may determine the location of the dinner if so desired; otherwise
Administration shall decide in consultation with the Warden.
e) The Warden may invite family members and guests as complimentary as appropriate
within the established budget. Additional invitations shall paid at the per ticket cost
as determined by Administration.
f) Past Wardens, Visiting Dignitaries, Department Heads and constituent municipal
CAOs 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 Administration in consultation with the Warden.
g) A recognition gift or donation at a cost of up to $500 shall be chosen by the Warden.
150
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.
151
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
Land Division — Council shall appoint a seven (7) member Land Division Committee, one
member from each constituent municipality, who shall individual hold office during the term
of the Council that appointed them, pursuant to Council's Procedural By-law.
Appointments to the Land Division Committee are for a four (4) year term and no one
member will serve longer than eight (8) consecutive years where applicable, municipalities
are encouraged to alternate nominees once every four (4) years.
152
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
1. 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.
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.
153
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.
154
CORRESPONDENCE — October 16, 2018
Item for Information (Consent Agenda) — (Attached)
Meredith Tutching, Director, Forest of Reading, Ontario Library Association acknowledging
their appreciation for County Library staff employee, Leah Ede-Pisano's dedication and
work with the Forest of Reading Programs.
155
. o la
:, ontario library association
October 1, 2018
Brian Masschaele,
Director Community and Cultural Services
Elgin County Library
450 Sunset Drive
St. Thomas ON, N5R 5V
Dear Brian Masschaele,
The Ontario Library Association would like to take this opportunity to make you aware
of how appreciative the OLA, and its 5000 members, are of your staff member, Leall
Ede -Pisano, for all of their work with our Forest of Reading@ Programs.
Their work on the Selection Committee for the Blue SpruCeTM program was truly
appreciated throughout the Spring and Summer of 2018. They have been key to
enhancing The Forest of Reading@ programs being delivered to readers acrossthe
country and without keen volunteers, programs like these could not be offered.
The value of their dedication does not go unappreciated. OLA recognizes the numerous
hours spent by each volunteer in participating in regular meetings, doing countless hours
of volunteer work, including reading hundreds of pages for the program. They have had
the daunting task, along with their other committee members, of narrowing the list and
bringing the best in Children's literature for 2017 and 2018to children across Canada,
making the Blue Spruce Program truly successftil.,
The Blue Spruce program was hugely successful again this year, with thousands of
Canadian children reading across the country. In 2018 the Forest of Reading@ programs
had over 270,000 eager readers and the numbers continue to grow every year.
We hope you will recognize your staff member for their dedication to The Forest of
Reading@ Programs and their volunteer commitments, as they were vital to our
Association.
Volunteering, it makes a difference!
Sincerely,
Meredith Tkutchin
Director, Forest of Read'
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ontarlo library association phone: 416.363.3388
2 Toronto Street, 3rd Floor :. toll-free: 1.866.873.9867
toronto, ontarlo, canada fax., 416.941.9581
m5c 2b6 toll-free: 1.800.387.1181
the email: lnfo@accessola.com
a member of PARTNERSHIP web: www.accessola.com
156
COUNTY OF ELGIN
By -Law No. 18-35
"TO REGULATE THE PROCEEDINGS IN THE MUNICIPAL COUNCIL OF
THE CORPORATION OF THE COUNTY OF ELGIN AND COMMITTEES THEREOF,
AND TO REPEAL BY-LAW 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-law
No. 11-06 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 .
ollows:
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,
Chief Administrative Officer
157
David Marr,
Warden
Procedural By-law Amendments
By-law 18-35
APPENDIX B
By-law No. 18-35
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...................................................................................................
2. PURPOSE.......................................................................................................
3. PRINCIPLES OF THE PROCEDURAL BY-LAW .....................................................
4. APPLICATION..................................................................................................
5. INTERPRETING THE PROCEDURAL BY-LAW ......................................................
6. SUSPENSION OF RULES..................................................................................
7. MAJORITY VOTE..............................................................................................
1 11
6
6
7
7
7
7
8. COUNCIL COMPOSITION.................................................................................. 7
9. INAUGURAL MEETING AND ANNUAL ELECTION OF WARDEN ..............................
10. APPOINTMENT OF DEPUTY WARDEN................................................................
11. REGULAR MEETINGS OF COUNCIL....................................................................
(A) LOCATION AND SCHEDULE OF MEETINGS OF COUNCIL AND OTHER
COMMMITTEES......................................................................................
(B) NOTICE OF MEETINGS OF COUNCIL........................................................
(C) SPECIAL MEETINGS OF COUNCIL............................................................
(D) NOTICE OF SPECIAL MEETINGS OF COUNCIL ...........................................
(E) EMERGENCY MEETINGS OF COUNCIL .....................................................
(F) NOTICE OF EMERGENCY MEETINGS OF COUNCIL ....................................
(G) WORKSHOP AND ORIENTATION MEETINGS ..............................................
(H) NOTICE OF WORKSHOP AND ORIENTATION MEETINGS .............................
(1) CANCELLATION OR POSTPONEMENT OF MEETINGS .................................
(J) INVALIDATION OF NOTICE OF MEETING ...................................................
(K) QUORUM................................................................................................
(L) LATE ARRIVAL........................................................................................
(M) ELECTRONIC PARTICIPATION.................................................................
12. PREPARATION OF THE AGENDAS OF COUNCIL .................................................
L-1
Wil
i [7
10
10
11
11
11
12
12
12
12
13
13
13
13
14
13. AGENDA......................................................................................................... 14
(A) REGULAR MEETING................................................................................ 14
(B) INAUGURAL MEETING............................................................................. 15
14. CHANGES IN ORDER OF AGENDA OF COMMITTEE OF THE WHOLE .................... 15
158
Procedural By-law Amendments
By-law 18-35
15. MATTERS OF URGENCY/ADDENDUM TO AGENDA ............................................ 16
16. OTHER BUSINESS.......................................................................................... 16
(A) STATEMENTS/ INQUIRIES BY MEMBERS .................................................. 16
(B) NOTICE OF MOTION................................................................................ 16
17. REPORTS FROM COUNTY STAFF.................................................................... 17
18. PETITIONS, DELEGATIONS AND CORRESPONDENCE ....................................... 17
(A) PETITIONS............................................................................................. 17
(B) DELEGATIONS....................................................................................... 18
(C) CORRESPONDENCE............................................................................... 18
(D) MINUTES............................................................................................... 19
19. COMMITTEE OF THE WHOLE........................................................................... 19
20. PECUNIARY INTEREST................................................................................... 20
21. RULES OF DEBATE........................................................................................ 20
22. RECONSIDERATION....................................................................................... 21
23. READINGS OF BY-LAWS AND PROCEEDINGS .................................................. 22
24. MOTIONS FROM OTHER MUNICIPALITIES AND ORGANIZATIONS REQUESTING
ENDORSEMENT ............................................................................................. 22
25. PRESENTATIONS AND RECOGNITIONS............................................................ 22
26. OPEN MEETINGS AND CLOSED SESSION MEETINGS ........................................
23
(A)
OPEN MEETINGS AND IMPROPER CONDUCT ............................................
23
(B)
CLOSED SESSION MEETINGS..................................................................
23
(C)
VOTING DURING MEETINGS CLOSED TO THE PUBLIC ...............................
24
(D)
NOTICE OF MEETINGS CLOSED TO THE PUBLIC .......................................
25
(E)
CONFIDENTIALITY OF CLOSED SESSION DISCUSSIONS AND PUBLIC
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 ALTERNATE MEMBER LESS THAN 1(ONE) MONTH.........
31
(E)
APPOINTMENT OF ALTERNATE MEMBER EXCEEDING 1(ONE) MONTH........
31
2
159
Procedural By-law Amendments
By-law 18-35
32. MEMBER VACANCY....................................................................................... 32
(A) VACANCY OF SEAT OF MEMBER OF COUNCIL .......................................... 32
(B) VACANCY OF SEAT OF WARDEN............................................................. 32
(C) PREGNANCY AND PRENATAL LEAVE ...................................................... 33
33. ADMINISTRATIVE AUTHORITY OF CAO/CLERK................................................. 33
34.
ORGANIZATION OF COMMITTEES...................................................................
33
35.
AD HOC, COMMITTEE OR STEERING COMMITTEES ...........................................
34
36.
COMMITTEE VACANCIES/APPOINTMENTS.......................................................
35
37.
OTHER COMMITTEES/LOCAL BOARD/AGENCIES..............................................
35
38.
GENERAL RULES FOR ALL COMMITTEES........................................................
36
39.
DUTIES OF COMMITTEES................................................................................
36
40.
RESTRICTION ON POWER OF MEMBERS..........................................................
36
41.
REPEAL OR AMENDMENT OF THIS BY-LAW .....................................................
37
42.
CONVENTION ATTENDANCE...........................................................................
37
43.
PUBLIC RECORD...........................................................................................
37
44.
GENERAL PROVISIONS..................................................................................
37
45.
CONFLICT WITH THE MUNICIPAL ACT.............................................................
37
46.
SEVERABILITY...............................................................................................
37
3
160
Procedural By-law Amendments
By-law 18-35
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 an authorized individual who, 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 or any successor provision thereto.
"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 alternate 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.
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"Ex -Officio" means a Member who 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 minimum 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 person 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 Meeting at which 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.
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"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.
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(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. Majority 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 given
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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) A person elected or appointed as a Member of Council shall not take a seat on Elgin County
Council until the CAO/Clerk has received the certificate from the constituent municipality
certifying the name of each person elected or appointed.
(b) No business shall be conducted at the first meeting of Council until after the declarations of
office have been made by all Members who present themselves for that purpose.
(c) 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.
(d) The annual election of the Warden 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 Council are present in the Council Chamber.
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(e) 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.
(f) For the appointment of the Warden, the following regulations and procedures shall be
followed:
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.
iii. 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.
iv. The CAO/Clerk shall ask those Members of Council seeking the Office of Warden to
stand.
v. 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.
vii. 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.
viii. 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.
ix. 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.
x. By Motion, the CAO/Clerk shall be directed to destroy the ballots after the election has
been completed.
A. For the purposes of electing the Warden, each Member of County Council shall have
one vote.
xii. 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.
xiii. 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.
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10. Appointment of Deputy 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.
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.
ii. 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.
ii. 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.
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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 of such Special Meeting of Council as is reasonable under the
circumstances.
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; and,
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; or
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.
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(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.
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; and,
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; or
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.
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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.
0) 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.
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
Electronic Participation at Meetings shall be reserved for emergencies or accessibility
requirements. 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:
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(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.
ii. 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.
(d) Should the Chair be unable to hear a Member participating electronically the vote
shall be deemed a negative vote.
(e) The Council Member may participate in meetings that are open to the public.
Participation in Closed Meetings is restricted to Members who are participating in
person.
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
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(b)
14.
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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
Inauaural Meetina/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)
Std 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)
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 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
Changes in Order of Agenda of Committee of the Whole
The business of Council is dealt with in the order stated on the published agenda, unless the
Warden consents to changing the order.
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15. Matters of Urgency/Addendum to Agenda
(a) When, after the Agenda has been prepared and distributed as Notice of a Meeting of
Council, a Member wishes to inform Council of an additional matter that, in his or her opinion,
should be considered immediately and during the course of such Meeting, then, after
notification of the CAO/Clerk, he or she shall present such matter to Council at such Meeting
through the Chair and, with the consent of the majority of Members present, the matter shall
only then be added to the Agenda and considered as an additional Matter of Urgency without
any prior or further Notice being given or required.
16. Other Business
(a) Statements/Inquiries by Members
(b)
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.
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.
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.
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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.
Ai. 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 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 of Council
and on any subject that falls within the jurisdiction of any outside board shall, upon
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.
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(b) Delegations
i. 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.
ix. No person shall be allowed to address Council during any Meeting 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
i. 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
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Meeting. Where required due to urgency or timing, correspondence may be considered
directly by Council as an item of New Business, as an Addendum to the Agenda, or as a
matter for Closed Session.
ii. Staff may prepare recommendations related to any matter raised in Correspondence 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. Receipt of correspondence by Council does not constitute endorsement of either the
correspondence by the County or of any recommendations it may contain or actions it
may advocate.
vii. When not requested to be included in a Council agenda, correspondence may be
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:
(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.
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(b) The rules of Council shall be observed in the Committee of the Whole, so far as may be
applicable.
(c) 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 declaring a
pecuniary or other conflict of interest 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
(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) 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.
(c) 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.
(d) 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.
(e) 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.
(f) No Member shall partake of food in the Council Chamber while the Council is Meeting. No
Member shall speak outside the question in debate.
(g) 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.
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(h) During any Council or Committee Meeting, except during any period sitting as Committee of
the Whole, no Member, unless Council 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.
(i) 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.
(j) 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
explain the same; and in answering any such questions, a Member is not to debate the
matter to which the same refers.
(k) Members of Council or Committee, except the Warden, shall be referred to as County
Councillors.
(1) 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.
(m) Upon a tie vote on any question, by a show of hands, a recorded vote shall then be taken.
(n) Upon a tie recorded vote the question shall be considered a defeated Motion.
(o) 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.
(p) 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 and such Motion may only be passed by a two -third vote of the entire
Council in support of such reconsideration.
(b) Reconsideration of a Motion must take place at the same meeting or, in a multi -day session,
the next day.
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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 by Council 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.
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.
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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 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 or 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;
(f) advice that is subject to solicitor -client privilege, including communications
necessary for that purpose;
(g) a matter in respect of which a council, board, committee or other body may hold a
closed meeting under another Act;
(h) information explicitly supplied in confidence to the municipality or local board by
Canada, a province or territory or a Crown agency or any of them;
(i) 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 the organization;
Q) 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
(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.
ii. A meeting or part of a meeting shall be closed to the public if the subject matter being
considered is:
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(a) a request under the Municipal Freedom of Information of Information and Protection
of Privacy Act, if the council, board, commission or other body is the head of an
institution for the purposes of that Act; or
(b) an ongoing investigation respecting the municipality, a local board or a municipally -
controlled corporation by the Ombudsman appointed under the Ombudsman Act, an
Ombudsman appointed by Council or the investigator appointed by Council.
iii. A meeting of Council or of a committee of either of them may be closed to the public if
the following conditions are both satisfied:
(a) the meeting is held for the purpose of educating or training the members; and
(b) at the meeting, no member discusses or otherwise deals with any matter in a way
that materially advances the business or decision-making of Council, local board or
committee.
iv. 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,
(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.
v. All Closed Meeting Minutes for Council and Committee Meetings shall be circulated at
the commencement of the next Meeting and addressed to each Member of Council.
vii. Following approval of the minutes, the copies of the Closed Meeting Minutes will be
returned to the CAO/Clerk for shredding.
viii. Closed Meeting Minute binders for Council and Committee Meetings are maintained by
the CAO/Clerk and are only accessible by the CAO/Clerk.
(c) Voting During Meetings Closed to the Public
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
(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.
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ii. On Motion in Committee of the Whole in a Closed Meeting, to rise and report the
question shall be decided without debate involving any of the following:
i. Motion to rise without reporting
ii. Motion to rise and report
iii. Motion to provide staff direction
iii. With respect to debate and/or vote in a Meeting closed to the public:
(a) 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.
(b) 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 shall disclose:
(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.
ii. 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 Meeting shall always be in order and be decided without
debate, except when a Member is in possession of the floor.
v. Upon rising from a Closed Meeting, the Chair shall announce the result of the vote as it
is to be recorded in the minutes.
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(f) Application of Open and Closed Meeting Provisions to all Committees
The provisions of Section 239 of the Act and Sections 26 (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 such opinion and
the report in which it was delivered.
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
Meeting 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;
v. to carry out the duties of the Chair under any other Act or any other Statute of the
Province;
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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 an ex -officio 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.
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(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 take part in the debate of Council, he or she may remain in the Chair
to do so. Alternatively and when he or she deems appropriate, he or she may leave the
Chair and, at that time, call on the Deputy Warden 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.
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(b) The role of Council Members also includes, where applicable:
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 and the extent to which such services are provided to the
residents of the County;
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; and
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
Council of the constituent municipality and the County when the Member is unable to
attend a Meeting of County Council for any reason.
iii. County Council has no role in the appointment of Alternate Members but it can establish
procedures for accommodating Alternate Members 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;
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(b) The appointment is for the term of Council; and
(c) Municipalities cannot appoint another Alternate Member 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 Member 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 Member 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 Alternate 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 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 Member attend a Council Meeting, the Member
shall assume their seat. The Alternate Member may attend as a spectator.
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(d) Appointment of Alternate Member 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.
An Alternate Member appointed at the discretion of a constituent municipality as
contemplated by section 31 (d)(i) above shall not receive compensation from 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 his or her 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 Alternate Member 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.
Upon notice of vacancy of a Member exceeding one (1) month, the Member's
compensation and expense reimbursement eligibility will cease and will be provided to
the Alternate Member so appointed in his or her place by the constituent municipality in
the same manner.
iii. An Alternate Member so appointed 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 so appointed 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.
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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 (3) 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 so appointed by the
constituent municipality in the same manner.
iv. An Alternate Member, so appointed 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 so appointed 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.
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(c) Pregnancy and Parental Leave
The provisions of this sub -section 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.
The office of a Member of Council shall not become vacant if a Member is absent for
twenty (20) consecutive weeks or less when such 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 a request for pregnancy and/or parental leave in writing
to the CAO/Clerk.
iv. If a Member wishes to seek 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. Any 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.
(b) Significant changes to by-laws, minutes and other Council and Committee documentation
including a change in meaning, shall be presented to Council or the involved Committee for
approval and adoption.
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.
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(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, local board or
agency.
(e) Any Member attending at any Meeting of a Committee, local board or agency shall not be
entitled to additional compensation but shall be entitled to reimbursement of travel expenses.
35. Ad Hoc, Committee or Steering Committees
(a) Council may at any time, on Motion of a Member duly considered and agreed to by a majority
vote strike a Committee, Ad Hoc Committee and/or Steering Committee, as the case may be,
which 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, Ad Hoc Committee and/or Steering Committee shall dissolve
as soon as the services for which that Committee was appointed are performed. Council may
appoint an Ad Hoc Committee and/or Steering Committee if an issue must be addressed and
it does not fall within the scope of management staff.
(b) For every Committee, Ad Hoc Committee and/or Steering Committee 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. Identification of Members as appointed including term of office for lay appointments if the
term does not coincide with the term of council;
ii. The mandate of such Committee, Ad Hoc Committee and/or Steering Committee;
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, Ad Hoc Committee and/or Steering Committee.
(d) The powers and duties of established Committees, Ad Hoc Committees and/or 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, Ad Hoc Committees and/or
Steering 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, Ad Hoc Committees and/or Steering 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.
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(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.
36. Committee Vacancies/Appointments
(a) Committee, local board or 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/Local 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 Committees
3 Members + Warden(perproject)
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 Committee — 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. Persons serving on Land Division Committee shall be eligible for
re -appointment, but shall not be eligible for re -appointment to the same position for more than eight
(8) consecutive years. After an absence of not less than one (1) year, such person shall be eligible
for reappointment.
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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 not 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.
(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 his or her 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 any 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.
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 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. Restriction on Power of Members
(a) No Member of Council shall have power to direct or interfere with the performance of any
work of the County Corporation.
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41. Reseal 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
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 contained in this by-law 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
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the legality, validity or enforceability of that section, in whole or in part, in any other
jurisdiction.
ENACTED THIS 16th DAY OF OCTOBER, 2018.
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COUNTY OF ELGIN
By -Law No. 18-36
"A BY-LAW TO PRESCRIBE PROCEDURES FOR GOVERNING THE CALLING,
PLACE AND PROCEEDINGS OF THE ELGIN COUNTY LAND DIVISION COMMITTEE"
WHEREAS Section 238(2) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, requires that a local board shall adopt a procedure by-law for governing the
calling, place and proceedings of meetings; and
WHEREAS the Elgin County Land Division Committee is a local board as defined in
the Municipal Affairs Act, R.S.O. 1990, c. M.46.
NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin
enacts as follows:
THAT the procedures governing the calling, place and proceedings of meetings of
the Elgin County Land Division Committee, attached hereto as Schedule "A", be and
are hereby adopted.
2. THAT this by-law shall become effective upon its passing.
3. THAT By-law 05-24 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,
Chief Administrative Officer.
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David Marr,
Warden.
SCHEDULE"A"
BY-LAW NO. 18-36
PROCEDURES GOVERNING THE CALLING, PLACE AND PROCEEDINGS OF
MEETINGS OF THE LAND DIVISION COMMITTEE FOR THE COUNTY OF ELGIN
1. AUTHORITY:
Elgin County Council, by By-law No. 2162 dated June 15, 1971, in accordance with
provisions in the Planning Act, did constitute and appoint a five -member Land
Division Committee and authority to decide planning matters was thereby delegated
to said Committee. County Council has the right to alter, amend or revoke these
delegated powers as deemed appropriate. On June 10, 2014 County Council
adopted a resolution increasing the Land Division Committee to seven (7) members
effective January 1, 2015 and that the new Land Division Committee consist of one
(1) appointee, either elected or non -elected, from each of Elgin's constituent
municipalities.
2. MANDATE AND PURPOSE:
The mandate and purpose of the Land Division Committee is to determine the
viability of Applications for Consent and to make Decisions that reflect sound
planning principles, based on their understanding and judgement of the information
provided. Consent may be given if satisfied that a plan of subdivision of the land is
not necessary for the proper and orderly development of the municipality. A Decision
is to approve or to deny.
Statutory requirements governing Consent Authorities are found in Sections 50
through 57 of the Planning Act (Section 53 deals specifically with consents, however,
the consent process relates to subdivision of land and other issues and additional
sections must be consulted); Ontario Regulation 197/96 (which sets out in more
detail what the Planning Act requires when processing applications); and the
Provincial Policy Statement. Local Municipal Official Plans and Zoning By-laws;
agency correspondence; and public input are also considered.
For example, together with necessary modifications, to grant a provisional consent
the Committee shall have regard to the following criteria:
(a) (i) Does the application conform to the necessary plans and policies?
(ii) Does the application contribute toward a development pattern that should
be encouraged?
(iii) Does the application avoid a need for costly municipal expenditures?
(iv) Does the application permit the continuation of safe and efficient traffic
patterns and efficient land use?
(v) Does the application contribute toward or preserve the visual appearance
of the municipality?
(vi) Are the physical site characteristics suitable for the use proposed?
(vii) Is the site access safe?
(viii) Will the proposed use be compatible with surrounding uses?
(b) the effect of development of the proposed subdivision on matters of provincial
interest;
(c) whether the proposed subdivision is premature or in the public interest;
(d) whether the plan conforms to the official plan and adjacent plans of subdivision,
if any;
(e) the suitability of the land for the purposes for which it is to be subdivided;
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(f) the number, width, location and proposed grades and elevations of highways,
and the adequacy of them, and the highways linking the highways in the
proposed subdivision with the established highway system in the vicinity and
the adequacy of them;
(g) the dimensions and shapes of the proposed lots;
(h) the restrictions or proposed restrictions, if any, on the land proposed to be
subdivided or the buildings and structures proposed to be erected on it and the
restrictions, if any, on adjoining land;
(i) conservation of natural resources and flood control;
(j) the adequacy of utilities and municipal services;
(k) the adequacy of school sites;
(1) the area of land, if any, within the proposed subdivision that, exclusive of
highways, is to be conveyed or dedicated for public purposes; and
(m) the physical layout of the plan having regard to energy conservation.
3. DEFINITIONS:
(a) "Committee" means a group of individuals appointed by the County Council, to
the Elgin County Land Division Committee, pursuant to provisions of the
Planning Act, P.13, R.S.O. 1990, as amended.
(b) "Member" means an individual appointed by County Council, to the Elgin County
Land Division Committee, pursuant to the provisions of the Planning Act, P.13,
R.S.O. 1990, as amended.
(c) "Chair" means the Chairman of the Elgin County Land Division Committee,
elected from amongst the Members of the Committee at the first general
meeting of the Committee of each year and the person responsible for
conducting a meeting to consider consent applications.
(d) "Vice -Chair" means a Vice -Chairman of the Elgin County Land Division
Committee, elected from amongst the Members of the Committee at the first
general Committee meeting of each year. The Vice -Chair shall act as and have
all the responsibilities of the Chair, in the absence of the Chair.
(e) "Secretary -Treasurer" means the Secretary -Treasurer of the Elgin County Land
Division Committee, pursuant to the provisions of the Planning Act, P.13, R.S.O.
1990 as amended.
4. CALLING OF MEETINGS
All meetings of the Committee, pursuant to Section 239 of the Municipal Act, 2001,
S.O. 2001, c.25, as amended, shall be called by the Secretary -Treasurer or by the
Chair of the Committee.
5. NOTICE
(a) The Notice of an Application for Consent to be considered at a meeting shall be
given in a manner that the Committee deems appropriate, in accordance with
the provisions of the Planning Act, as amended; O. Reg. 197/96 Section 3; and
any regulations passed thereunder.
(b) Notice of Application procedures with respect to an application for Validation of
Title; Power of Sale and Foreclosure; and for change to conditions shall be the
same as the procedures for Consent Applications.
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(c) Notice of Hearing giving the date on which the Committee will hear the
application shall be mailed to the applicant and persons or interested parties
who have expressed an interest in the application and requested such notice.
In consultation with the Chair, the Secretary -Treasurer may cancel or reschedule a
meeting.
6. LOCATION OF MEETINGS
All meetings of the Committee shall be held in a meeting room located within the
County Administration Building, 450 Sunset Drive, St. Thomas, or another location as
directed by County Council. The room shall be identified on the Notice of Hearing
that is circulated by the Secretary -Treasurer of the Committee.
7. QUORUM
(a) The quorum for the Elgin County Land Division Committee shall be four (4) of
the seven (7) members on the Committee.
(b) The Chair shall be counted in determining a quorum and shall be entitled to all
the rights of a member on the Committee, including voting. The Elgin County
Warden (or Deputy Warden), is an Ex -Officio Member of the Committee and
shall be entitled to all the rights of a member on the Committee, including voting.
(c) If no quorum is present within thirty (30) minutes after the time appointed for a
meeting, the Committee Chair or the Secretary -Treasurer may discharge the
members present and may cancel or reschedule the meeting and notice for
same shall be given.
8. APPLICATION INFORMATION
An application information packet shall be provided by the Secretary -Treasurer or
designate prior to the meeting for the use of applicants, authorized agents, applicant
representatives, Committee Members and anyone having an interest in an
application. A copy of the comments received from various agencies shall be made
available at the meeting for the Committee members.
9. MEETING PROCEDURES
(a) The meeting of the Committee shall be called to order by the Chair of the
Committee or the Secretary -Treasurer or a designate of the Committee.
(b) Any member required doing so shall disclose any direct or indirect pecuniary
interest and state the general nature of such interest and the Secretary -
Treasurer shall record such disclosure. Any Member who discloses such a
pecuniary interest shall refrain from discussion or voting on the matter.
(c) The Secretary -Treasurer or designate shall call for any requests for deferral of
an application or for any request for withdrawal of an application.
(d) A request for deferral of an application to a later meeting date must be for
reasonable cause. The Committee shall set a new meeting date for the
consideration of a deferred application and shall indicate any other requirements
or conditions for deferral, such as re -notification, amendment or additional
required information.
(e) The Secretary -Treasurer or designate shall call each application in an order
determined by the agenda or in an order determined by the Chair and/or the
Committee.
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(f) The Secretary -Treasurer or Chair will read the application and any comments
received from agencies, residents and others who responded to the circulation
of Notice of Application. At the discretion of the Chair, the Secretary -Treasurer
or designate may summarize the nature of the interests or concerns being
expressed.
(g) The Chair shall ask the applicant, authorized agent or the applicant's
representative to explain the application and offer any further information or
comments.
(h) The Committee may ask questions of the applicant, authorized agent or
applicant's representative at this time. Questions may be asked during the
presentation, however, typically questions are put forward by members of the
Committee at the conclusion of the presentation.
(i) The Chair shall ask the applicant, authorized agent or applicant's representative
whether or not he/she is able to indicate consent to the imposition of the
conditions should the application be favourably considered.
(j) The Chair shall invite anyone else having an interest or concern with respect to
the application(s) to come forward and advise the Committee of his or her
position. The Committee members may ask questions of those parties
expressing an interest or concern.
(k) The Chair shall give the applicant, authorized agent or the applicant's
representative the opportunity to respond to any comments received from
commenting agencies or interested parties.
(1) The Committee members may ask additional questions at this time.
(m) The Chair shall ask the members of the Committee for a motion with respect to
the disposition of each application after all applications presented at the meeting
have been considered. Consideration shall include issues raised by the
applicant, authorized agencies, applicant's representative(s), respondent(s),
planning evidence heard at the meeting, and requirements of the Planning Act
and Provincial Policy Statement. The Chair upon receipt of a motion from a
Committee member shall ask for a seconder to the motion.
(n) The Secretary -Treasurer shall be asked to repeat the motion and any conditions
placed on an approval or reasons if the Consent was denied.
(o) The Chair shall call for a vote by the Committee on the motion and the Chair
shall announce, at the meeting, the Decision of the Committee.
(p) Committee members concurring in the Decision of the Committee shall sign the
Decision.
(q) The Committee shall deal with the business matters in the following order:
10. VOTING
adoption of Minutes of the previous meeting
business arising out of the Minutes
disclosure of pecuniary interest and the general nature
correspondence
business arising from correspondence
new business
new files
set date for next meeting.
All members of the Committee shall vote and each vote shall be counted as one.
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11. APPEALS
All Consent Appeals to the Local Planning Appeal Tribunal (LPAT) are to be referred
to a Solicitor and/or Professional Planner, as deemed appropriate, in order that the
Decision of the Land Division Committee is defended at LPAT Hearings.
12. CONDUCT OF MEETINGS AND MEMBERS
The conduct of meetings and members, with respect to matters not specifically
addressed, shall generally be considered in accordance with the Statutory Powers
Procedure Act, c.S 22, R.S.O. 1990, as amended, the Municipal Conflict of Interest
Act, c.M 50, R.S.O. 1990, as amended, Robert's Rules of Order, and the County of
Elgin Procedural By-law.
13. COMMITTEE REMUNERATION
Members of the Committee shall be paid a per diem for attendance at each
Committee meeting, travel to attend Committee meetings at the approved County
travel rate, and a fee for investigation of applicable applications, which are established
by by-law.
14. CONVENTION/WORKSHOP ATTENDANCE
A Member may attend a convention/workshop that is relevant to the business of the
Land Division Committee. Convention/workshop attendance is subject to budgetary
limitations and must be submitted on the County Convention Expense Claim Form.
15. ANNUAL BUDGET
An annual budget is established to provide for expenditures of the Committee.
Expenditures may not exceed budgetary limitations without the County Council
approval. Fees charged for Applications for Consent are designed to meet the
anticipated cost to the County to process such Applications and may change from
time to time.
16. GENERAL
The conditions and policies, as set out in this Policy Manual and the Procedural By-
law for the County of Elgin, which relate to the Land Division Committee and which
are consistent with this by-law, shall be the conditions and policies for the operation
of the Elgin County Land Division Committee.
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CLOSED MEETING AGENDA
October 16, 2018
Staff Reports & Correspondence:
1) County Solicitor - Municipal Act Section 239.2 (e) litigation or potential litigation,
including matters before administrative tribunals, affecting the municipality or
local board, (0 advice that is subject to solicitor -client privilege, including
communications necessary for that purpose — Termination of Road Allowance
Agreement.
2) County Solicitor -Municipal Act Section 239.2 (e) litigation or potential litigation,
including matters before administrative tribunals, affecting the municipality or
local board — Litigation.
3) Chief Administrative Officer and Director of Human Resources -Municipal Act
Section 239.2 (b) personal matters about an identifiable individual, including
municipal or local board employees —Organizational Update.