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19 - November 27, 2018 County Council Agenda Pkg.l n o "i ORDERS OF THE DAY FOR TUESDAY, NOVEMBER 27, 2018 - 9:00 A.M. ORDER 1st Meeting Called to Order 2nd Adoption of Minutes — October 16, 2018 3rd Disclosure of Pecuniary Interest and the General Nature Thereof 4th Presenting Petitions, Presentations and Delegations PRESENTATION: 9:00 a.m. Pauline Meunier (Medavie EMS Elgin Ontario) — Paramedic Services Exemplary Service Awards David Marr (Warden) - EMS Awards Presentation for Excellence I Q :114 xr7ell 9 101 Ll 6�1 9:15 a.m. Kevin Jackson (General Manager, EBRC) — Elgin County & EBRC 2018 year -in -review. 9:30 a.m. Heather Derks (Sparta PAR Committee Chair) — Envisioning School Reform in Elgin County 9:45 a.m. Joy Jackson, Cunnart Associates — Insurance Review Report to Elgin 11:30 a.m. Lorne McLeod (Land Division Chairman) — Elgin County Land Division Activities for 2018 5th Motion to Move Into "Committee Of The Whole Council" 6th Reports of Council, Outside Boards and Staff 7th Council Correspondence 1) Items for Consideration 2) Items for Information (Consent Agenda) 8th OTHER BUSINESS 1) Statements/Inquiries by Members 2) Notice of Motion 3) Matters of Urgency 9th Closed Meeting Items 10th Recess 11th Motion to Rise and Report 12th Motion to Adopt Recommendations from the Committee Of The Whole 13th Consideration of By-laws 14th ADJOURNMENT LUNCH WILL BE PROVIDED NOTICE: 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. DRAFT COUNTY COUNCIL MINUTES Tuesday, October 16, 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 except Councillor Currie (regrets). Warden Marr in the Chair. ADOPTION OF MINUTES Moved by Councillor Ens Seconded by Councillor Jenkins THAT the minutes of the meeting held on September 25, 2018 be adopted. - Carried. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — None. PRESENTATION Presentation to Retired Councillors The Warden presented a gift to retiring Councillors Ens. Councillor Ens, Mayor of Bayham will not be seeking re-election. Councillor Ens has served two terms on Elgin County Council after he was elected Mayor of the Municipality of Bayham in 2010 and then re-elected in 2014. He served as Elgin County Warden in 2015. Councillor Ens has generously provided his time to several different committees during his tenure on Council including the Dispute Resolution Committee, the Rural Initiatives Committee, the SCOR Committee, the Tillsonburg District Memorial Hospital Committee, the Social Entertainment Committee and the Provincial Offences Court Facility Building Committee. Warden Marr thanked him for his service over the past 8 years. Councillor Ens' attention to detail and responsible approach to decision-making have made him a valuable asset to our team these past two terms. Councillor Currie, Mayor of Aylmer will also be retiring after this term. Councillor Currie was unable to attend the October 16 meeting and therefore a presentation will take place at a later date. 2018 Marketina Canada Award The Warden presented a 2018 Marketing Canada Award from the Economic Developers Association of Canada (EDAC) to Alan Smith, General Manager of Economic Development and to County Council. This award was presented for the Elgin County Lakeshore Brochure designed by Economic Development and Tourism for the 2018 summer season. Moved by Councillor Wiehle Seconded by Councillor Mennill THAT we do now move into Committee of the Whole Council. - Carried. REPORTS Additional Long -Term Care Home Beds — Warden Marr The Warden presented the report seeking Council's approval to direct staff to prepare a report investigating whether requesting additional beds from the Ministry of Health and Long -Term Care for Elgin County's long-term care homes is practical and sustainable. County Council Moved by Councillor Mennill Seconded by Councillor McWilliam October 16, 2018 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. - Carried. 2018 Events Calendar — Senior Financial Analyst and ECUWSEC Chair The ECUWSEC Chair presented the report summarizing 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. Moved by Councillor Ens Seconded by Councillor Jenkins THAT Council receive and file the Elgin County United Way and Special Events Committee's 2018 Events Calendar as presented in this report. - Carried. Draft Approval for a Plan of Subdivision, Kemsley Farm, Municipality of Central Elgin, Owner Doug Terry Ltd. File No. 34T-CE1702 — Manager of Planning The manager presented the report providing County Council with information required in order to consider granting draft plan approval to the above noted plan of subdivision in the Municipality of Central Elgin. Moved by Councillor Jones Seconded by Councillor Ens 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. - Carried. Attending Physician Agreement — Terrace Lodge — Director of Homes and Seniors Services The director presented the report recommending a one (1) year renewal agreement, with no revisions, for the attending physician agreement with Dr. Elsie Osagie. Moved by Councillor McWilliam Seconded by Councillor Mennill 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. - Carried. County Council 3 October 16, 2018 Illuminated Ground Signs — Contract Award — Director of Homes and Seniors Services The director presented the report recommending that Council award the contract for illuminated ground signs at Bobier Villa and Elgin Manor to Excellent Signs and Displays. Moved by Councillor Martyn Seconded by Councillor Jones 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. - Carried. Homes — Program and Therapy Services Policy and Procedure Manual Review and Revisions — Director of Homes and Seniors Services The director presented the report seeking Council's approval of revisions to the Homes Program and Therapy Services Policy and Procedure Manual. 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. Moved by Councillor Wiehle Seconded by Councillor Mennill 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. - Carried. Federal Gas Tax — Director of Financial Services The director presented the report summarizing changes to Elgin County's Federal Gas Tax allocation as adjusted every five years based on the latest census data. Moved by Councillor Jenkins Seconded by Councillor Jones THAT the report titled "Federal Gas Tax" from the Director of Financial Services, dated October 9, 2018, be received and filed. - Carried. Port Bruce Bridge Replacement — Engineering Services RFP — Deputy Director of Engineering Services The deputy director presented the report seeking Council's approval of a draft Request for Proposal (RFP) for the procurement of engineering services to complete the planning, design and project management of the Imperial Road Bridge in Port Bruce. Moved by Councillor Mennill Seconded by Councillor Ens THAT staff advertise the 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 - Carried. County Council October 16, 2018 Resident Complaint — Ditch Maintenance along Talbot Line, Southwold — Chief Administrative Officer The Chief Administrative Officer presented the report informing County Council the concerns relayed by two residents of Southwold Township regarding ditch maintenance along Talbot Line and the actions taken regarding these complaints. Moved by Councillor Jones Seconded by Councillor McWilliam 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. - Carried. Contract Cleanina Services — Tender Award — Chief Administrative Officer/Clerk The Chief Administrative Officer/Clerk presented the report seeking Council's approval to award the contract for Cleaning Services at the Elgin County Administration Building to Sery-U-Clean. Moved by Councillor Jenkins Seconded by Councillor Mennill 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. - Carried. Ambulance Vehicle Replacement — Chief Administrative Officer/Clerk The Chief Administrative Officer/Clerk presented the report recommending that Council award the contract for supply and delivery of two replacement ambulances (as budgeted for in the 2018 Capital Plan) be awarded to Crestline Coach Limited. Moved by Councillor Jones Seconded by Councillor Jenkins 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 - Carried. County Council 5 October 16, 2018 Leaalization of Recreational Cannabis — Update — Chief Administrative Officer The Chief Administrative Officer presented the report providing County Council with 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 report summarized a brief recently distributed by the Association of Municipalities of Ontario (AMO) and other information gained through municipal discussions with partner agencies. Moved by Councillor Mennill Seconded by Councillor Ens THAT the report titled "Legalization of Recreational Cannabis — Update" from the Chief Administrative Officer, dated October 8, 2018, be received and filed. - Carried. Review of Land Division By-law 15-03 — Chief Administrative Officer The Chief Administrative Officer presented the report seeking Council's direction regarding amendments to Land Division By-law 15-03 as it relates to per diem for Land Division members Moved by Councillor Ens Seconded by Councillor Mennill 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. - Carried. Review of Land Division Procedural By-law 05-24 —Chief Administrative Officer The Chief Administrative Officer presented the report recommending that Council approve changes to Land Division By-law 05-24 to incorporate changes to the Committee's composition approved in 2014 and the changes from the Ontario Municipal Board (OMB) to the Local Planning Appeal Tribunal (LPAT) as recently changed by the province. Moved by Councillor Martyn Seconded by Councillor Jones 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. - Carried. Final Draft of Elain Countv Council Procedural By-law — Chief Administrative Officer/Clerk The Chief Administrative Officer/Clerk presented the report recommending that Council approve and enact the final draft of the revised Elgin County Council Procedural By-law. Moved by Councillor Mennill Seconded by Councillor Wiehle 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, County Council 6 October 16, 2018 THAT the "Elgin County Council Procedural By-law" as presented be amended and brought back to the November 27, 2018 Council meeting for approval. - Carried. Elgin County Council Policies Manual — Chief Administrative Officer/Clerk The Chief Administrative Officer/Clerk presented the report recommending that Council approve the revisions to the Elgin County Council Policies Manual. Moved by Councillor Jones Seconded by Councillor Ens THAT the report titled "Elgin County Council's Policies Manual" from the Chief Administrative Officer/Clerk, dated September 29, 2018, be received and filed; and, THAT the "Elgin County Council Policies Manual" be approved as presented. - Carried. CORRESPONDENCE Items for Information (Consent Agenda) 1. 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. Moved by Councillor Jones Seconded by Councillor Martyn THAT Correspondence Item #1 be received and filed. - Carried. Council directed staff to provide a certificate of congratulations on behalf of Elgin County to Leah Ede -Pisano for her work with the Forest of Reading Programs. Council recessed at 10:03 a.m. and reconvened at 10:16 a.m. OTHER BUSINESS Statements/Inquiries by Members The Warden requested Council's permission to write a letter to the province about the timing of the announcement of grants. The County is appreciative of grants it has received over the years from the provincial government; however, when grant amounts are publicly announced before tenders are awarded, construction costs tend to go up as it is public knowledge that grant money is funding the project. The Warden will request that the province forego announcing grant amounts until tenders have been awarded. Notice of Motion — None. Matters of Urgency — None. Closed Meeting Items Moved by Councillor Ens Seconded by Councillor Jenkins THAT we do now proceed into closed meeting session in accordance with the Municipal Act to discuss matters under Municipal Act Section 239.2; County Council 7 October 16, 2018 In -Camera Item #1 (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; (f) advice that is subject to solicitor -client privilege, including communications necessary for that purpose — Termination of Road Allowance Agreement. In -Camera Item #2 (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board — Litigation. In -Camera Item #3 (b) personal matters about an identifiable individual, including municipal or local board employees — Organizational Update. Moved by Councillor Jenkins Seconded by Councillor Jones THAT we do now rise and report. In -Camera Item #1 Moved by Councillor Martyn Seconded by Councillor Wiehle THAT staff proceed as directed. In -Camera Item #2 Moved by Councillor Jenkins Seconded by Councillor Ens THAT staff proceed as directed In -Camera Item #3 Moved by Councillor Mennill Seconded by Councillor Jones THAT staff proceed as directed. - Carried. - Carried. - Carried. - Carried. - Carried. Motion to Adopt Recommendations of the Committee of the Whole Moved by Councillor Martyn Seconded by Councillor Jones THAT we do now adopt recommendations of the Committee Of The Whole. - Carried. County Council BY-LAWS Moved by Councillor Jenkins Seconded by Councillor Mennill October 16, 2018 THAT By-law No. 18-35 "A By-law to Prescribe Procedures for Governing the Calling, Place and Proceedings of the Elgin County Land Division Committee" be read a first, second and third time and finally passed. - Carried. Moved by Councillor Ens Seconded by Councillor Jones THAT By-law No. 18-36 "Being a By-law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the October 16, 2018 Meeting" be read a first, second and third time and finally passed. - Carried. /e1111L0111NLIILVA IALI III I Moved by Councillor McWilliam Seconded by Councillor Mennill THAT we do now adjourn at 12:31 p.m. to meet again on November 27, 2018 at the County Administration Building Council Chambers at 9:00 a.m. - Carried. Julie Gonyou, David Marr, Chief Administrative Officer. Warden. m/1 N REPORT TO COUNTY COUNCIL FROM: Pauline Meunier, Medavie EMS DATE: November 27, 2018 SUBJECT: Paramedic Services — Exemplary Service Awards INTRODUCTION: Paramedic Services in Ontario are collectively represented by the Ontario Association of Paramedic Chief's (OAPC). At the annual general meeting, in the fall of each year, a gala is held to recognise many awards such as Paramedic acts of bravery, Leadership as well as the Governor General's award for Exemplary Service. As part of the Canadian Honours Programme, the Governor General awards Emergency Medical Service Exemplary Service Medals for EMS professionals. The Award was created in 1994 and is available to eligible members of the pre -hospital emergency medical service who have served for at least twenty years in a meritorious manner. The award is not a long service medal and instead recognizes those professionals who have performed their duties in an exemplary manner, characterized by the highest standards of good conduct, industry and efficiency. DISCUSSION: We are proud to share the three nominations that were submitted to the National Advisory Committee for consideration this past spring were all awarded medals. Paramedics Snell, Fehr and Roberts (now retired) were awarded this most prestigious honor at the Ontario Association of Paramedic Chiefs Gala that was held in London on September 20th 2018. CONCLUSION: Medavie EMS would like to invite the County of Elgin to recognise Paramedics Snell, Fehr and Roberts in celebration of this Canadian Honour. RECOMMENDATION: THAT the report titled "Paramedic Services — Exemplary Service Awards" from Pauline Meunier, dated November 27, 2018, be received and filed. All of which is Respectfully Submitted Approved for Submission Pauline Meunier Julie Gonyou Medavie EMS Chief Administrative Officer EBRC & County of Elgin A Perfect Partnership BUSINESS RESOURCE CENTRE A Community Futures Development Corporation Number of Businesses Assisted 2011 22 48 2012 29 44 0 e 2013 87 69 2014 105 111 2015 116 97 2016 136 126 2017 136 123 2018 144 122 2019* 100 60 0 90, V/5 800 18 16 14 12 10 New Loans Advanced 2012 2013 2014 2015 2016 2017 2018 2019* County - St. Thomas Total Active Loans 2009 $730,490 16 $1,055,851 34 2010 $1,495,563 24 $1,397,786 40 2011 $1,875,167 31 $1,889,805 42 2012 $1,987,840 29 $2,591,879 43 0 - vg/yrs X00 - vg X59 2013 $2,440,048 37 $2,558,611 37 2014 $2,882,434 38 $3,136,100 39 2015 $2,222,917 32 $3,080,614 34 2016 $2,550,979 32 $2,302,398 28 2017 $1,913,112 28 $2,337,219 29 2018 $2,477,621 33 $2,489,031 33 2019* $2,184,548 34 $2,168,960 29 0 _'l ��g/yr= A/yr=33 234 Planet Shrimp —EIC/Aylmer Short Term Impact — 1y r+ Dixon's Feed —West Lorne M edium Term I mpact — 3yLs+ Rem -Tech Industries, Inc. - Aylmer The Value of EBRC & Elgin Partnership .%.-Ionom • Annual company growth of assisted business is 1.9 times more growth than non -assisted business • New business is 44% more likely to survive • County assisted businesses total $136,000,000 in 2017 sales • County assisted business paid $8.1 Million in Salaries in 2017 • Annual Regional economic impact of -'$16 Million <\��^\��f� r ¢ E\%|\|O\|\/\//OOLBOARD REFORM E |\ COU _ / B/HEyƒHE\ DE\\\,\P \ƒ%P \ COMM|ƒƒEE//%|\ :>==s�wx . t2>>� �«� � < » ±� d» �\� v u \ p 2« e < :< : v:: :w �^� �: �>: D «»4 y»� � � \�� > �<» G< \ 2}�°<< «::«§ <�\\ e a y o r\ ¥m seeking County Council's support to investigate the possibility #\ an Elgin County or regional Board of Education to protect our local inrs» ya r=% g=== & - A "M "M E, R At A , - \ R A A AA A AS A A k 1997, Elgin county managed its own school sysiern. Through care© scrutiny of provincial grant opportunities, buildings were routinely maintained with virtually all costs recouped. -1 - 191' 1 ' , INOM11111109 WIN 4 io-- According to documents contained in the Archives, the guiding philosophy was a real motivation to take excellent care of the tangible assets while focusing on delivering quality education to the children of Elgin. o Tcan-,t u. n f The Next Geii, eratioii, o f C i t i z e .� --,i Maintaining the physical structures of the buildings was conducted as asset management. It was a guiding philosophy that having core services like schools kept rural communities viable. In much the same way, providing a stable, quality learning environment to the county's children to promote academic achievement was seen as an investment in the county's future zenship. Quality Education was seen as a key building block in the development of productive adults. Announced during "Mega Week," in January 1997 amongst multiple other government shake-ups, Bill 104, The Fewer School Boards Act, removed the Education Portfolio from county governance, transferring the responsibility to regional school boards. For Elgin, that meant Amalgamation into TVDSB. This legislation was strongly opposed, resulting in the largest teacher's strike in North American History from Oct. 27 to Nov. 7, 1997 t ac e r Protest Char\%,ges e111ILroduces Bill L.. . , (L 0 the Fewer School Boards Act Announced during "Mega Week," in January 1997 amongst multiple other government shake-ups, Bill 104, The Fewer School Boards Act, removed the Education Portfolio from county governance, transferring the responsibility to regional school boards. For Elgin, that meant Amalgamation into TVDSB. This legislation was strongly opposed, resulting in the largest teacher's strike in North American History from Oct. 27 to Nov. 7, 1997 t ac e r Protest Char\%,ges o \ `\ \esut O L e a r o r Ittz: "! V INV 7 \y a ■ was formed to manage the i -a- Other Services tike Land Education Resources of Oxford, Ambutance, care homes, roads, + M.: London and tibraries became responsibitity of the counties The 2016-17 Review undertaken by the TVDSB in Elgin County consisted of a very narrow consideration of the impacts viewed from a very urban model of economy of scale. soL111r c es ed�.� e -L From A o \ u a r b Cer"i-ii-itr"'c Ph"Rosophy The 2016-17 Review undertaken by the TVDSB in Elgin County consisted of a very narrow consideration of the impacts viewed from a very urban model of economy of scale. soL111r c es ed�.� e -L From From a municipal planning perspective, School Boards have become an example of extreme silo -ism, in which closure decisions happen in a `tower' of reasoning that exists completely separate and apart from the on -the -ground planning of the other public services. If the County was to take back the provision of education services, it wouldn't have to worry about decisions coming down from within the silo negatively impacting other, more comprehensive municipal planning initiatives. approach t 107.1- COL\Rd be adoptedCounty of Elgin s ti_ manages remainder of services Despite provincial policy stating that the school board ought to listen to municipal councils, the various resolutions, written submissions, and personal delegations at pubic meetings during the PAR process made by so many members of Council in which you noted that the closures being proposed would result in considerable negative socio-economic impact to your respective municipalities or county initiatives were largely ignored by the school board. County council asks for reconsideration on closing of three county By. aura Broad ey ublished on:july 11, 2017 1 Last Updated:july 11, 2017 12:35 PM EDT Name/Organization Key Message .Marcus Ryan ew Sarum, Sparta, and Springfield should not close. Mayor Dave Mennill will be presenting the Malahide Townsh1p ith re concerns Vill 001, His presentation will emphasize the importance of schools as hubs in - economicdevel the social impacts of dislocating students and -other- \\O -OF k- L k- n n U11KAP L rLC I ik ` \ \>.. Returning the management of education resources back to the county can be seen as the logical outcome of the "Complete Communities" philosophy, a phenomenon which is emerging and widely gaining popularity as a logical, sustainable, and progressive approach to municipal planning in Ontario. __ s m._a yIs, s D a' Returning the provision of schools to the county portfolio seems like a natural progression of the Complete Communities Philosophy �.�8R11%tY �000000000000000000000000000000.....0...... -� . I L L 1UF Joi. If the County were to regain control of its education assets, space that was not being used for teaching within school buildings could be viewed not as a detriment, but as an asset for its potential to house other services such as libraries or childcare. Many examples of this type of shared arrangement within other services have proven cost- effective and beneficial to residents. This is the "HUB" model of rural economic development, bringing partners together in a symbiotic financial arrangement while increasing public access to services. This model can also reduce carbon footprint. One building is being heated and lighted, but the services provided are doubled. Any energy efficient upgrades like geothermal or solar benefit multiple services. CAO Julie Gonyou has the skills to make this model a success. D e r o r, %--ii- s t r a t e d E f f e "i-iii c "' es The return of education governance tc would not be without challenges. It we significant policy reversal for the gove It could also create a ripple effect acr province that might be complicated b) movement that is afoot to combine Ca Provincial Education. In order to make it work, Elgin must b, demonstrate efficiencies to the Provi Thankfully we have the keen business CAO to help with this. J, J A t:Z` kL 'ZD m>>- Avery good operational model of the Elgin County Board #\\d 22, ,-,Xists in the Archives, but a new model of operating schools as a d4 of the county could be considered. i«« «»w the provincial government wants to reduce the size government and is hinting at education reform. m>>- Because school board senior executive?a Lf paid #2a vera *f betw $20,000-$40,000 higher than their county and municipal counterpa gignificant savings could be realized. This could be attractive to tb. #L«?}°© "m e for our The widespread removal of 4 of our single community rural schools by TVDSB during the EPAR01 review has negatively impacted the ability of these otherwise complete communities to attract the kind of residents who are willing to pay a little more in property taxes in return for the excellent quality of life our rural communities offer. The threat of an impending school closure makes our communities less attractive to new residents with young families, harming the ability of these communities to generate needed tax revenue to provide services. This is the opposite of the distributed economic development model. Conversely, if a return of the education portfolio to the county were to be considered, the previous Elgin County Board of Ed's ethos of investing in routine maintenance of the buildings and carefully studying provincial and federal grant opportunities to recoup costs could be a part of that. Investing in quality education for our children could once again be seen as an investment in the next generation of productive citizens of our county. The motivation to KEEP rural schools in our complete communities so that they can continue to attract young families would allow county staff to carefully study the ever-changing fabric of provincial and federal grant opportunities for efficiencies, such use of green energy grants to replace aging boilers with energy efficient upgrades if -all CBCneWS 1� NADA Feds to send $420M directly to Ontario institutions, businesses — skipping Doug Fords government Money from Low Carbon Economy Fund will go to cities, hospitals, schools N0VH0BFR 8. 2-018 1, WN READ I � � e w kik-J-1111 r d r L P r o �, r a r s o f f e r A d d'4111-1, t'4111111-1, o n a A s Conversely, if a return of the education portfolio to the county were to be considered, the previous Elgin County Board of Ed's ethos of investing in routine maintenance of the buildings and carefully studying provincial and federal grant opportunities to recoup costs could be a part of that. Investing in quality education for our children could once again be seen as an investment in the next generation of productive citizens of our county. The motivation to KEEP rural schools in our complete communities so that they can continue to attract young families would allow county staff to carefully study the ever-changing fabric of provincial and federal grant opportunities for efficiencies, such use of green energy grants to replace aging boilers with energy efficient upgrades if -all CBCneWS 1� NADA Feds to send $420M directly to Ontario institutions, businesses — skipping Doug Fords government Money from Low Carbon Economy Fund will go to cities, hospitals, schools N0VH0BFR 8. 2-018 1, WN READ Education Advisory Committees at the upper or lower tier could be formed similar to those currently operating in North Middlesex and Zorra Townships. The already strong network of PTA's, Home and School Associations and School Council executives could participate in the decision-making process. This group could also run an annual fundraiser, gala, or benefit to help offset some of the costs. > URAI E UQ - --r -POS V NESIO£ r N -LEARN LOAL Sponsored by: 21-- Lora! Scoot C—itt- Plan to jo n th-ural scha i com ersatIon b4' atendiag. ]'he t"Deus for the �entpctsiunt: ✓ FO'tur ' shared uisio" rbr ru"I srheols in Onta'i ), ✓ Padlitatr cirateauz (acoliy a¢d�m€:i;iciaUy reiaterl es sil;aif and rurai sclmais, ✓ Yronnoie FF�e sne:cgths o�rural comrnnnitd r'�aots. FREE REWSTRAN In conclusion, I'd like to take a moment to thank you for your years of service to Elgin County Council. I urge you to please consider engaging your CAO to investigate whether the return of the education portfolio ti County authority is possible, and to bring that report to the incoming council. REVIEW AND REPORT ON PROPOSALS FOR PROPERTY AND CASUALTY INSURANCE COVERAGE AND SERVICES rv� m Table of Contents ExecutiveSummary....................................................................................................................................... 2 ProjectLength...............................................................................................................................................2 Risk Management and Insurance Services....................................................................................................2 Independence............................................................................................................................................... 2 Confidentiality............................................................................................................................................... 2 RecordsRetention......................................................................................................................................... 2 Subcontractors.............................................................................................................................................. 3 Recommendation.......................................................................................................................................... 3 Conclusion..................................................................................................................................................... 3 1 Executive Summary This report was commissioned to examine the proposals received in response to the County of Elgin's RFP 2018-26 General Insurance and Risk Management Services Program. Specifically, the work is to evaluate the risk management services offered by each proponent and the accompanying risk financing options provided through insurance coverage. The analysis consisted of comparing each Proponent's response to assess how their proposed services and types of insurance coverage compare with one another. The availability of qualified broker personnel on an as -needed basis and that assigned employees will have a familiarity with the needs and operating culture of local municipalities is also an important aspect. Also considered were offers of pricing stability over the next two or three renewal periods. The four Proponents are: • Aon Canada • BFLCanada • Frank Cowan Company • JILT Canada Two proponents, Frank Cowan Company and JILT score very closely overall with JILT being the preferred proponent. The premium offered by JILT is markedly lower than that proposed by Frank Cowan Company. A summary comparison of the two proposals is attached to this report. Project Length The project was required to be completed within three (3) weeks and work was completed in this time frame. Time did not permit a detailed review of current or optional insurance or risk management proposals submitted by the Proponents. Risk Management and Insurance Services The Proponent awarded the contract will be responsible for providing quality insurance and risk management services. The insurance coverage and risk services both proponents offered are similar, but not identical. JILT proposed a three-year price guarantee on the most expensive policy - general liability insurance. References for both preferred Proponents were good, with contacts for JILT expressing extreme satisfaction with the service they receive. Independence Cunnart Associates is not engaged in brokerage or sales of insurance, third party administration, claims handling, or any similar services. No compensation is received from any corporations involved in those services. Confidentiality As part of its proposal, the Consultant shall keep all information it may receive in the course of conducting its work confidential Records Retention Consultant shall maintain records for three (3) years after final payment is made. Subcontractors No subcontractors were engaged in completing this work. Recommendation Based on the recommendations, services offered, insurance coverage similarity and premiums proposed, JILT is the preferred Proponent. Conclusion Thank you for the opportunity to provide the County of Elgin with this review of proposals for Risk Financing and Risk Management services. (Submitted by email) Sincerely, JOYJajva&YL/ Joy Jackson, FCIP, RF Cunnart Associates County of Elgin Insurance RFP Evaluation November, 2018 COWAN Broker Has 50+ years of providing risk and Experience insurance services to municipalities, Expertise staff are professionally qualified and experienced Broker Municipal references all References complimentary of services provided on a timely basis Pricing Stability 2 Year Price Agreement Automobile rates per year will be held to a maximum of 3% increase. Average property rate will be held to a maximum of 2% increase Liability policies, will be held to a maximum increase of 8% Subject to conditions Claims Handling Reference comment: easy access to information, any issues dealt with promptly Risk A wide range of risk management Management services included at no additional Services charge Insurance Coverage proposed similar to that Proposed provided in 2018 with minor enhancements JILT Has 50+ years of providing risk and insurance services to municipalities, staff are professionally qualified and experienced Municipal references offered glowing reports of prompt, helpful service provided 3 Year price Agreement Applies to General Liability policy only (most expensive coverage) — no change in premiums Subject to conditions Reference comment: regularly provides information, deals with issues promptly A wide range of risk management services included at no additional charge Coverage proposed similar to that provided in 2018 :l ,,n,,rrrmPai,",. REPORT TO COUNTY COUNCIL FROM: Lorne McLeod, Chairman Elgin County Land Division Committee Steve Evans, Manager of Planning DATE: November 15, 2018 SUBJECT: Elgin County Land Division Activities for 2018 INTRODUCTION: In 1971 Elgin County Council appointed a five member Land Division Committee in accordance with the Planning Act. At that time the Committee was the consent -granting authority for all local municipalities in the County except for the Townships of Yarmouth and Southwold and the Villages of Port Stanley and Belmont which delegated their authority to the County in 1974. DISCUSSION: The Land Division Committee acts as a quasi-judicial body, similar to a minor court of law It must be unbiased and has a duty to act fairly. Ideally it operates at arms length and free from political interference. The Elgin County Land Division Committee is the consent -granting authority for the County of Elgin and its purpose is to authorize the separation of parcels of land where a plan of subdivision is deemed unnecessary. In making a decision on an application for consent, the approval authority shall have regard to the requirements of the Planning Act, the Provincial Policy Statement (2014), the policies of the Elgin County and local municipal Official Plans, Ministry and Agency comments, and input from the public. In making sound planning decisions the Committee carefully reviews all of the information received in its deliberations. The Secretary -Treasurer is responsible for the daily operations of the Land Division Committee. This involves the keeping of files, minutes, records and decisions of all applications and all other official business of the Committee. The Secretary -Treasurer attends all meetings and acts in an advisory capacity regarding policy and procedure. Currently there are seven members on the Land Division Committee which are appointed by County Council for the term January 1, 2015 to December 31, 2018. The members include: Lorne McLeod - Chairman, is responsible for the Municipality of Dutton/Dunwich Graham Warwick - Vice Chairman, is responsible for the Municipality of West Elgin Rosemary Kennedy — is responsible for the Township of Malahide Stan Lidster, - is responsible for the Township of Southwold Kathleen Schaper - is responsible for the Town of Aylmer Brent Stewart — is responsible for the Municipality of Bayham Bill Walters — is responsible for the Municipality of Central Elgin All members of the Elgin County Land Division Committee are members of the Ontario Association of Committees of Adjustment and Consent Authorities (OACA). This organization provides seminars, conferences and annual workshops which help members stay current with changing legislation and committee procedures. The Elgin County Land Division Committee provides a vital role in the processing of consent (severance) applications. An increase in the number of applications in the last few years has required the Committee to meet for full day sessions on a more regular basis. The largest number of severances are for new building lots in settlement areas and for residences that are surplus to a farm operation. The Committee also deals with easements and rights-of-way and the creation of new farm parcels. The attached Land Division Committee Report — Statistics for 2018 indicates the numbers and types of severances that the Committee heard from November 1, 2017 to October 31 2018. CONCLUSION: The term of appointment for the current Elgin County Land Division Committee ends with this term of County Council. Letters have been forwarded to all local municipalities requesting either the reappointment of the existing member or the appointment of a new member to fulfil the duties of the Land Division Committee for the next four-year term. There are three members of the current Committee that will not be returning as they have served for a period of eight consecutive years. They include: Brent Stewart (Bayham), Stan Lidster (Southwold) and Graham Warwick (West Elgin). It has been a pleasure serving as Chairman and working with such a committed group of individuals over the past year. RECOMMENDATION: THAT the report titled "Elgin County Land Division Activities for 2018" dated November 15, 2018 be received and filed. All of which is Respectfully Submitted Lorne McLeod, Chair Elgin County Land Division Committee Steve Evans Manager of Planning Approved for Submission Julie Gonyou Chief Administrative Officer LAND DIVISION REPORT - STATISTICS FOR 2018 LAND SEVERANCES NOVEMBER 1, 2017 - OCTOBER 31, 2018 Number of Hearings - Full Days 8 - Half Day: 2 Granted Not Existing New Surplus Easement/ Deferred Municipality Conditionally Granted Lot Lot Dwelling Right of Way/ or Lease Tabled 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 AYLMER 5 3 1 5 2 2 BAYHAM 15 11 3 6 8 5 4 1 5 CENTRAL ELGIN 8 24 1 1 5 8 6 2 9 1 1 4 2 DUTTON/DUNWICH 8 5 1 2 1 6 3 MALAHIDE 25 31 1 1 2 14 22 10 6 1 3 4 SOUTHWOLD 11 20 1 4 5 8 5 8 2 WEST ELGIN 11 15 2 3 6 8 5 1 1 1 3 TOTAL (2017 - 84) 83 1 13 33 35 2 9 TOTAL 2018 - 111 109 2 26 49 31 3 18 Number of Hearings - Full Days 8 - Half Day: 2 REPORTS OF COUNCIL AND STAFF November 27, 2018 Staff Reports —(ATTACHED) Director of Financial Services — General Insurance and Risk Management Service Program Director of Financial Services — External Audit Services Purchasing Coordinator — Quarterly Information Report — Contract Awards July 1, 2018 to September 30, 2018 Purchasing Coordinator — Award of Tender — Winter Maintenance Services Manager of Planning — Proposed Draft Plan of Subdivision Seaglass in Port Stanley, Wastell Developments Inc. Manager of Planning — Land Division Committee Appointments General Manager of Economic Development — Ride Elgin Bike Share Program: Dropbike Director of Community & Cultural Services — 2018 Library Branch Facility Improvements Director of Community & Cultural Services — Library Guidelines Performance Director of Community & Cultural Services — 10 Year Capital Plan — Museum and Archives Director of Homes & Seniors Services — Homes — Infection Prevention & Control Policy and Procedure Review & Revisions Director of Homes & Seniors Services — Homes — YWCA Pool Agreement Renewal Director of Homes & Seniors Services — Homes — Laboratory Service Contract Chief Administrative Officer— Emergency Management Program Committee Terms of Reference Chief Administrative Officer— Transportation Funding from Southwestern Public Health Chief Administrative Officer— Final Draft of Elgin County Council Procedural By-law Chief Administrative Officer — Additional Long Term Care Beds Follow-up Report Chief Administrative Officer— Proposed Amendment Woodlands Conservation By-law 05-03 E�, REPORT TO COUNTY COUNCIL FROM: Mike Hoogstra, Purchasing Coordinator DATE: November 14, 2018 SUBJECT: General Insurance and Risk Management Services Program INTRODUCTION: This report provides details on the Request for Proposal (RFP) for General Insurance and Risk Management Services. The existing five year contract is expiring and a new five year contract is required. DISCUSSION: The RFP for General Insurance and Risk Management Services was issued on September 14, 2018 and closed on October 11. A total of five (5) firms downloaded the RFP document from the County's Bids & Tenders website. The four (4) firms noted below submitted a proposal for providing the required services- - AON Reed Stenhouse - BFL Canada - Frank Cowan Company - Jardine Lloyd Thompson Canada Inc. Prior to the closing of the RFP, staff retained the services of Cunnart Associates an independent Risk Management Services Consultant, to review the proposals and complex policy terms and conditions. Joy Jackson from Cunnart Associates will speak to Council as a delegation regarding the RFP process and answer any questions regarding the review and types of coverages. The evaluation process has identified Jardine Lloyd Thompson Canada (JLT) as the highest scoring firm. The total premium proposed for 2019 is $305,611 which represents a 26% savings from the 2018 premium cost of $385,229. JLT Canada has also offered a three year rate guarantee for the General Liability policy which represents about 50% of the premium cost. The RFP also requested that Proponents identify any optional or suggested coverages beyond what was requested. All proponents identified Cyber Liability as one of the popular additions to Municipal policies. Staff will work with JLT Canada once the new policy is in place to review options to add a Cyber Liability policy. A report will be brought to Council in the first half of 2019, once staff have had the opportunity to thoroughly investigate this option. For 2019 budget deliberations, staff is proposing that the 2018 budget remain unchanged, to allow for the potential cost of Cyber Liability insurance. CONCLUSION: Staff is pleased with the results of this competitive RFP process for General Insurance and Risk Management Services. JLT Canada has been providing Insurance and Risk Management Services to municipal governments for over 50 years, including some of the County's Municipal Partners. We are confident that the County's requirements will be met by JLT Canada. Financial authority for the purchase of goods and services over $50,000 has been delegated to the Chief Administrative Officer by By-law 18-23 during the Lame Duck period (until December 13, 2018). Due to the time sensitive nature of this contract, wherein work is scheduled to commence on December 15, 2018, the Chief Administrative Officer will exercise the delegated authority and consent to select Jardine Lloyd Thompson Canada to provide General Insurance and Risk Management Services at the proposed annual premium cost of $305,611 plus taxes commencing December 15, 2018 until December 15, 2019 with options to renew for up to four, one year terms provided that the premium increase does not exceed ten percent of the previous years' insurance program, exclusive of any program changes. RECOMMENDATION: THAT the report titled "General Insurance and Risk Management Services Program", dated November 14, 2018, from the Purchasing Coordinator, be received and filed. All of which is Respectfully Submitted Mike Hoogstra Purchasing Coordinator Jim Bundschuh Director of Financial Services Approved for Submission Julie Gonyou Chief Administrative Officer E�, REPORT TO COUNTY COUNCIL FROM: Jim Bundschuh, Director of Financial Services Mike Hoogstra, Purchasing Coordinator DATE: October 31, 2018 SUBJECT: External Audit Services INTRODUCTION: This report provides details on the Request for Proposal (RFP) for External Audit Services. The existing five year contract has expired and a new five year contract is required for the 2018 annual audit beginning at the end of this year. DISCUSSION: The RFP for External Audit Services was issued on September 24, 2018 and closed on October 12. A total of eight (8) firms downloaded the RFP document from the County's Bids & Tenders website. The four (4) firms noted below submitted a proposal for providing the required services- - Graham Scott Enns - KPMG - Millard, Rouse & Rosebrugh LLP - MNP An evaluation committee consisting of the Director of Finance and three Financial Services Analysts' was created to review the proposals. The committee members individually scored each proposal based on the following criteria that was listed in the RFP- Cost/ FP: Cost/ Fees; ➢ Key Personnel Experience; ➢ Qualifications/Experience; ➢ Audit Methodology; ➢ Proposal Clarity / Presentation. The results of the scoring identified that Graham Scott Enns was the highest scoring firm. Graham Scott Enns provided firm pricing for a five year term as requested in the RFP. The pricing for the five year term is noted below: Year 1 (2018 Audit): Year 2 (2019 Audit): Year 3 (2020 Audit): Year 4 (2021 Audit): Year 5 (2022 Audit)- Total- The udit):Total:The total fee for the 2017 $27,500 $28,100 $28,700 $29,300 $29,900 $143,500 Audit was $24,550. CONCLUSION: Staff is pleased with the results of the competitive RFP process for External Audit Services. The recommended firm has been working with the County for the last six years and is familiar with the processes and timelines to complete the external audit process. Financial authority for the purchase of goods and services over $50,000 has been delegated to the Chief Administrative Officer by By-law 18-23 during the Lame Duck Period (ending December 13, 2018). Due to the time sensitive nature of this contract — wherein the current contract expires at the end of the year, the CAO will exercise the delegated authority and consent to select Graham Scott Enns LLP to provide External Audit Services for the County of Elgin for a five (5) year term at a total price of $143,500 plus HST. RECOMMENDATION: THAT the report titled "External Audit Services", dated October 31, 2018, from the Director of Financial Services, be received and filed. All of which is Respectfully Submitted Jim Bundschuh Director of Financial Services Mike Hoogstra Purchasing Coordinator Approved for Submission Julie Gonyou Chief Administrative Officer r�y m urrn lef, I"I REPORT TO COUNTY COUNCIL FROM: Mike Hoogstra, Purchasing Coordinator DATE: November 5, 2018 SUBJECT: Quarterly Information Report - Contract Awards July 1, 2018 to September 30, 2018 INTRODUCTION: As per the County of Elgin's Procurement Policy, an information report containing the details relevant to the exercise of delegated authority for all contracts awarded that exceed $15,000 including amendments and renewals is to be prepared and reported to Council. This report covers the period from July 1, 2018 to September 30, 2018. DISCUSSION: The Council of the Corporation of the County of Elgin delegated authority to the Directors to award contracts as follows: Value Report Status Greater than $15,000 No report to Council required if within 10% of the but less than $50,000 approved budget allocation Greater than $50,000 No report to Council required if within approved but less than $100,000 budget Council also approved that an information report would be brought forward containing details of the award of contracts including amendments and renewals. The detailed report of the award of contracts is attached as Appendix A. RECOMMENDATION: THAT the report titled "Quarterly Information Report - Contract Awards, July 1, 2018 to September 30, 2018" dated November 5, 2018 be received and filed. All of which is Respectfully Submitted Mike Hoogstra Purchasing Coordinator Jim Bundschuh Director of Financial Services Approved for Submission Julie Gonyou Chief Administrative Officer APPENDIX A Purchases/Projects greater than $15,000 July 1, 2018 to September 30, 2018 Department Budget Project Supplier / Amount Allocation Contractor (HST excluded) Information Operating Kronos Workforce Annual Software Kronos $21,622 Technology Maintenance Community & Capital New Flooring for Aylmer Library Aylmer Flooring $15,151 Cultural Services Community & Capital High Roof Cargo Van for Library St. Thomas Ford $33,954 Cultural Services Engineering Capital Asphalt Testing & Inspection Englobe $22,195 Services Engineering Capital Level 3r Floor for GSE Paragon Flooring $19,000 Renovations Solutions Engineering Operating HVAC Maintenance and Repair Paramount $95,121 Services Contract (2 Year Term) Services E�, REPORT TO COUNTY COUNCIL FROM: Mike Hoogstra, Purchasing Coordinator Brian Lima, Director of Engineering Services DATE: November 9, 2018 SUBJECT: Award of Tender —Winter Maintenance Services INTRODUCTION: A tender was advertised and issued as per the County's Procurement Policy for Winter Maintenance Services at the following County owned facilities- - Bobier Villa and Dutton EMS Station (Part A) - Elgin Manor and Final Line Waste Water Treatment Plant (Part B) - Terrace Lodge and Aylmer EMS Station (Part C) - Administration Building (Part D) - Heritage Centre (Part E) Winter Maintenance Services include snow plowing, salting and sanding of all parking areas, laneways and in some cases sidewalks and entrances. DISCUSSION: The tender for the supply of all labour, material and equipment to provide winter maintenance services at the County owned facilities noted above was issued on September 18, 2018 and closed on October 5. A total of six (6) companies downloaded documents from the County's Bids & Tenders website. Three (3) companies submitted the following bids: Elgin Clean Cut Lawn Care submitted the lowest compliant bid for all facilities at an estimated price of $142,310 for a two year term. Each bidder provided a 'per operation' rate in their bid and the actual costs will be based on the per operation rate and the actual number of weather events. The rates are a firm price for the two year term. Total Price for Two (2) Year Term Company Part A Part B Part C Part D Part E Elgin Clean Cut $35,000 $41,050 $36,450 $21,610 $8,200 Lawn Care Kettle Creek No Bid No Bid No Bid $23,385 $9,590 Landscaping Willson Towing $36,950 No Bid No Bid No Bid No Bid Elgin Clean Cut Lawn Care submitted the lowest compliant bid for all facilities at an estimated price of $142,310 for a two year term. Each bidder provided a 'per operation' rate in their bid and the actual costs will be based on the per operation rate and the actual number of weather events. The rates are a firm price for the two year term. Staff compared the per operation rates bid to the per operation rates paid last year using the same quantities. The results show the following: 2017/2018: $60,155 / year 2018/2019: $71,155/year (+18%) Reasons for the increases this year are primarily related to the cost of labour and materials, primarily rock salt pricing and availability to contractors. CONCLUSION: The recommended Contractor has been providing winter maintenance services to the County for the last 13 years. County staff will meet with the contractor to review the appropriate safety and operating procedures. Financial authority for the purchase of goods and services over $50,000 has been delegated to the Chief Administrative Officer by By-law 18-23 during the Lame Duck Period (ending December 13, 2018). Due to the time sensitive nature of winter maintenance services, the Chief Administrative Officer will exercise the delegated authority and consent to select Elgin Clean Cut Lawn Care for the Winter Maintenance Services Tender, Contract No. 2018-27 at an estimated total price of $142,310 exclusive of H.S.T. for a two year term, with the option to extend the contract for two additional years, subject to satisfactory contractor performance and pricing negotiations. RECOMMENDATION: THAT the report titled "Award of Tender — Winter Maintenance Services", dated November 9, 2018, from the Purchasing Coordinator, be received and filed. All of which is Respectfully Submitted Mike Hoogstra Purchasing Coordinator Brian Lima Director of Engineering Services Approved for Submission Julie Gonyou Chief Administrative Officer m/1 N REPORT TO COUNTY COUNCIL FROM: Steve Evans, Manager of Planning DATE: November 19, 2018 SUBJECT: Proposed Draft Plan of Subdivision Seaglass in Port Stanley, Wastell Developments Inc. Lot 15, Range 1 South of Lake Road and Part of Lot B, Registered Plan No. 117 Geographic Township of Southwold Municipality of Central Elgin County of Elgin Owner: 2526485 Ontario Inc. File No. 34T-CE1801 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 Village of Port Stanley within the Municipality of Central Elgin. (see attached plan). The owner is requesting approval of a "Plan of Subdivision" on which is proposed one hundred and forty six (146) single detached residential building lots and 4 blocks for future multi-storey apartment buildings containing 360 rental apartment units. In addition there are 2 blocks for future single -detached residential development. The subject lands are located northwest of the downtown area of Port Stanley and bounded by George Street to the south; residential development to the west, Kettle Creek Golf Course to the north and two vacant commercial/industrial properties as well as residential dwellings along George Street to the east. This application was accepted as "complete" on April 5, 2018 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, Geotechnical Report and Slope Assessment. A statutory public meeting was held by the Municipality on June 18, 20187. There were many concerns expressed by neighbouring property owners including increased traffic, changing the character of the Village, height of the apartment buildings, adequacy of services, and provision for affordable housing. In addition to the concerns raised at the public meeting a 300 name petition opposing the proposed development was submitted to the Municipality of Central Elgin and to the County of Elgin. The traffic concerns expressed by community members were taken into consideration and Dillon Consulting was retained by the Municipality to conduct an operational assessment of the intersections on George Street and Bridge Street from William Street through to Main Street. The results of the assessment indicated that the traffic concerns would not be worsened by the proposed development. Concerns expressed about the changing character of the Village were addressed through a report from the Municipal Planner. The report referred to specific policies of the Central Elgin Official Plan which deal with medium and high density residential development and community design. Through the review of development applications, Central Elgin will ensure that new development is designed in keeping with the traditional character of settlement areas in a manner that both preserves their traditional community image and enhances their sense of place within Central Elgin. The provision of affordable housing was addressed by the Municipal Planner in a report dated October 5, 2018. The report suggests that Council may wish to give consideration to financial incentives that could encourage affordable housing. The report states that without any financial incentives it is unlikely that developers will incorporate affordable housing at their own cost. Subsequent to the above -noted report, Wastell Homes indicated their willingness to continue to dialog with staff and the community about how affordable housing can be achieved in Port Stanley. The County of Elgin Official Plan sets a target of 20% for the provision of housing that is affordable. Affordable by definition means: a) In the case of ownership housing, the least expensive of. - i) Housing for which the purchase price results in annual accommodation costs which do not exceed 30 per cent of gross annual household income for low and moderate income households; or ii) Housing for which the purchase price is at least 10 per cent below the average purchase price of a resale unit in the regional market area. In utilizing the regional market area the average purchase price includes the existing inventory of housing in the Elgin County regional market area. The most recent sales figures for 2018 indicate an average sale price for a single -detached dwelling of approximately $300,000. This figure is substantially lower than Provincial and Federal averages. Various agencies were circulated about this proposed plan of subdivision. The Kettle Creek Conservation Authority is satisfied with the proposed draft plan as revised on October 10, 2018. Union Gas had no objections provided easements are provided for gas services and Southwest Public Health are in support of the proposed draft plan of subdivision citing that apartments would provide an option for seniors housing and the proposed parkland would increase access to outdoor recreation. CONCLUSION: 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 local Zoning By -Law. The Manager of Planning has reviewed File No. 34T-CE1801 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 Seaglass in Port Stanley Draft Plan of Subdivision (Wastell Homes) in the Municipality of Central Elgin (Port Stanley) File No. 34T-CE1801; 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 Applicant: Monteith Brown Planning Consultants Date of Decision: 2018 Seaglass in Port Stanley Date of Notice: 2018 File No.: 34T-CE11801 Last Date of Appeal: 2018 Municipality: Central Elgin Lapsing Date: 2021 Subject Lands: Lot 15 Range 1 South of Lake Road and Part of Lot B, R. P. # 117 Geographic Township of Southwold, Municipality of Central Elgin 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 bythe County of Elgin on , 2018. 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 How to receive Notice of Changed Conditions Notice to appeal the decision to the Local Planning The conditions of an approval of draft plan of Appeal Tribunal must be filed with the County of subdivision may be changed at any time before Elgin no later than 20 days from the date of this the final approval is given, notice as shown above as the last date of appeal. The notice of appeal should be sent to of the Manager of Planning, at the add below and it must, (1) set out the reasons for the appeal, (2) be accompanied by the fee prescr Local Planning Appeal Tribunal Ac amount of $300.00, payable by cei to the Minister of Finance, Province Who Can File an Appeal Only individuals, corporati appeal the aecision in respect of a r subdivision to the Local Planning Ar An appeal may not be filed by an un associationor group. However, a n may be filed in the name of an indiyi member of the association or group 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 bed under the (2) made a written request to be notified of t in the changes to the conditions of approval of the tified cheque draft plan of subdivision. of Ontario. Other Related Applications: Zoning By -Law 2296 posed plan of Getting Additional Information ,eal Tribunal. Additional Information about the application is icorporated available for public inspection during regular ice of appeal office hours at the County of Elgin at the address ual who is a noted below. 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. 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: sevens .elgineca Applicant: Monteith Brown Planning Consultants Date of Notice: Seaglass in Port Stanley File No.: 34T-CE1801 Municipality: Central Elgin Subject Lands: Lot 15 Range 1 South of Lake Road and Part of Lot B, R. P. # 117 Geographic Township of Southwold, 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: C•a CONDITIONS 1. That this approval applies to the draft plan of subdivision, prepared by Monteith Brown Planning Consultants and certified by T. McNeil, Ontario Land Surveyor, dated October 10, 2018, which shows: • 146 single detached residential building lots (Lots 1-146 inclusive) • Blocks 147-150 — (Apartment Residential Blocks) • Blocks 151 &152 — (Parkland) • Block 153 — (Storm Water Management) • Blocks 154&155 —(Future development) • Block 156 — (Natural Heritage) 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. 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 Applicant: Monteith Brown Planning Consultants Date of Notice: Seaglass in Port Stanley File No.: 34T-CE1801 Municipality: Central Elgin Subject Lands: Lot 15 Range 1 South of Lake Road and Part of Lot B, R. P. # 117 Geographic Township of Southwold, Municipality of Central Elgin has been registered. Date of Decision: 2018 Date of Notice: 2018 Last Date of Appeal: 2018 Lapsing Date: 2021 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 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 Applicant: Monteith Brown Planning Consultants Date of Notice: Seaglass in Port Stanley File No.: 34T-CE1801 Municipality: Central Elgin Subject Lands: Lot 15 Range 1 South of Lake Road and Part of Lot B, R. P. # 117 Geographic Township of Southwold, Municipality of Central Elgin Date of Decision: 2018 Date of Notice: 2018 Last Date of Appeal: 2018 Lapsing Date: 2021 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, Servicing Report, Seag/ass in Port Stanley, George Street, Port Stanley, Wastell Homes, Ricor Engineering Ltd., March 3, 2018, Project #1004-6. 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. 14. That the subdivision agreement between the owner and the Municipality shall include a provision requiring the implementation of the recommendations of report, Wastell Homes, Geotechnical Report, Final, George Street, Port Stanley, Project Number LON00014790-slope, exp Services Inc. Applicant: Monteith Brown Planning Consultants Date of Notice: Seaglass in Port Stanley File No.: 34T-CE1801 Municipality: Central Elgin Subject Lands: Lot 15 Range 1 South of Lake Road and Part of Lot B, R. P. # 117 Geographic Township of Southwold, Municipality of Central Elgin Date of Decision: 2018 Date of Notice: 2018 Last Date of Appeal: 2018 Lapsing Date: 2021 15. The Municipality requires implementation of the recommendations of the scoped Environmental Impact Study (EIS) report, Seag/ass in Port Stanley Scoped Environmental Impact Study, Project No. 1823, Natural Resource Solutions Inc. February 2018. 16. That prior to any development and/or site alterations taking place on the subject lands a permit shall be obtained from the Kettle Creek Conservation Authority as required under Regulation 181/06. 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. 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: Applicant: Monteith Brown Planning Consultants Date of Notice: Seaglass in Port Stanley File No.: 34T-CE1801 Municipality: Central Elgin Subject Lands: Lot 15 Range 1 South of Lake Road and Part of Lot B, R. P. # 117 Geographic Township of Southwold, Municipality of Central Elgin Date of Decision: 2018 Date of Notice: 2018 Last Date of Appeal: 2018 Lapsing Date: 2021 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 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 Applicant: Monteith Brown Planning Consultants Date of Notice: Seaglass in Port Stanley File No.: 34T-CE1801 Municipality: Central Elgin Subject Lands: Lot 15 Range 1 South of Lake Road and Part of Lot B, R. P. # 117 Geographic Township of Southwold, Municipality of Central Elgin Date of Decision: 2018 Date of Notice: 2018 Last Date of Appeal: 2018 Lapsing Date: 2021 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. That prior to final approval of the plan of subdivision, Kettle Creek Conservation Authority shall advise in writing how conditions 13, 14 and 16 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. Applicant: Monteith Brown Planning Consultants Date of Notice: Seaglass in Port Stanley File No.: 34T-CE1801 Municipality: Central Elgin Subject Lands: Lot 15 Range 1 South of Lake Road and Part of Lot B, R. P. # 117 Geographic Township of Southwold, Municipality of Central Elgin Date of Decision: 2018 Date of Notice: 2018 Last Date of Appeal: 2018 Lapsing Date: 2021 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 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. 4.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 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. 5. 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 under Sections 52 and Section 53 of the Ontario Water Resources Act. 6. 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. Applicant: Monteith Brown Planning Consultants Date of Notice: Seaglass in Port Stanley File No.: 34T-CE1801 Municipality: Central Elgin Subject Lands: Lot 15 Range 1 South of Lake Road and Part of Lot B, R. P. # 117 Geographic Township of Southwold, Municipality of Central Elgin Date of Decision: 2018 Date of Notice: 2018 Last Date of Appeal: 2018 Lapsing Date: 2021 7. 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. 8. 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. 9. 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. 10. 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. 11. 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 Applicant: Monteith Brown Planning Consultants Date of Notice: Seaglass in Port Stanley File No.: 34T-CE1801 Municipality: Central Elgin Subject Lands: Lot 15 Range 1 South of Lake Road and Part of Lot B, R. P. # 117 Geographic Township of Southwold, Municipality of Central Elgin Mr. Joe Gordon, Director of Operations Kettle Creek Conservation Authority 44015 Ferguson Line St. Thomas, ON N5P 3T3 Date of Decision: 2018 Date of Notice: 2018 Last Date of Appeal: 2018 Lapsing Date: 2021 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. 12. 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. 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 13. The approval of this draft plan of subdivision File No. 34T-CE1801 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 Applicant: Monteith Brown Planning Consultants Date of Notice: Seaglass in Port Stanley File No.: 34T-CE1801 Municipality: Central Elgin Subject Lands: Lot 15 Range 1 South of Lake Road and Part of Lot B, R. P. # 117 Geographic Township of Southwold, Municipality of Central Elgin Date of Decision: 2018 Date of Notice: 2018 Last Date of Appeal: 2018 Lapsing Date: 2021 before the approval lapses since no extension can be given after the 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. 14. 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. Legend Plan Overlay Seaglass Subdivision Municipality of Central Elgin Projection: NAD 83 UTM Zone 17. November 15, 2018 DISCLAIMER: This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. 0 650 1,300 2,600 3,900 5,200 1-25000 Meters , Legend Subdivision Location Property Lines Seaglass Subdivision Port Stanley DISCLAIMER: This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. From: Colleen Row Sent: October 11, 2018 10:34 a.m. To: Elgin County Council Subject: Port Stanley Wastell Development Feedback for County Decision All, This is the biggest development with the biggest impact that Central Elgin has encountered. At the last CE council meeting Oct 9, the zoning bylaw amendment with conditions was approved. There was some debate on the conditions that should be included yet the bylaw passed with only the standard conditions embedded. This decision was not unanimous and did not take into account any of the public feedback that has been presented in different formats starting with the June 2018 public meeting. As an example of items important to constituents, the attached Condition Recommendations file was sent to CE but not discussed at the last council meeting and consequently not taken into account in the bylaw approval. Work was also done to identify' reasons' in the County Official Plan as to why the Wastell proposal, as submitted, is not suitable for Port Stanley and is the 2nd attachment. Affordable housing, as an example, is mentioned in both the CE and County Official Plans, yet with all of the development surrounding Port Stanley, the topic has never been broached with any developer - huge missed opportunities. These, along with the 300 signature petition previously forwarded to Julie Gonyou, illustrate the complexity of the proposal and the significant impact it has on many aspects of Port Stanley. Development and growth is expected but it needs to be balanced and controlled, which this proposal, as submitted, is not. There is this one chance to get it right or Port Stanley will be changed forever. Once you have had time to review, if there are any questions or concerns, please feel free to reach out. Thank you, Colleen Petition AGAIN Proposed Sub-Division by WASTELL DEVELOPMENTS INC. (Seaglass Developments) PPen field north side Of GeOrge Street acrossfrom Boltville P10cewest Of William Street in Port Stanley LOT 15, RANGE I SOUTH of Lake Road and Part of Lot B, more details at: centraleigin,org, under Business Development/Planning, Development/Current Planning, Applications, Seaglass Developments 1V//1" ... N * NO �. Petition AGAINST Proposed Sulo-Dlivisdon by y'ddASTELL DEVELOPMENTS INC. (Seaglass Developments) O e'n field north side of George Street across fpm Boltville Place West of W'illi'am Street in ,Part Stanley LOT 15, RANGE I SOUTH Lake of Road and Part of Lot B, Registered Plan 117, Geographic Township of 5outhvwold', now the Municipality of Central Elgln Name (Print) t w f Signature Address ... qq 1" I µ el 3d, 7jNj,s A CCU,_ co :p dD 40 / s C, e7v/ X712 .r �P JJ _ .l " ", ✓.. d r n y "a ✓" y ,�,xgtr s r � � � � C+y iy.� ""' +wn"w'mx"nq F� ,� i�� rMw�' '" � �'.1�" ,N"'"r .e e ✓ 1 4� yx yyp". ""mM � �� W,� •�"'" Nur r w� � f � n � �rw�'Fr'n. NF, 1 fr. � u m '1' �r.'a� �m A p�� ry ,y� �^d1,L V'ws.,- � Id • „ ..�. i q _�` rµuwru..v W W ? Ri wiYl y �w p - w Y `�� mX f w ✓`� �Yy,- ' � / »^"' W X'�"' dMbµ �iPv„u✓ �,., 7�� p,✓ _...�'Mw"v�'4 ,r + more details at: centr lelgin.org under Busjn elo me i P entiPlar r�Rng, I evelop ent/Ourrent PY'aaanrr4g gppllcation eaglass Developments Petition AGAINST Proposed Sub -Division by WASTELL DEVELOPMENTS INC. (Seaglass, Developments) QPen field north side of George street across, rom Bajtvjjje Place, West Of William street in Part stonley LOT 15, RANGE I SOUTH of Lake Road and Part of Lot B, Registered Plan 117, Geographic Township of Southwold, now the Municipality of Central Elgin Name (Print} ' I I I I- - �Address , ficr, LF' tl IN 01r, -k NC I I A A M Aeml more details at: centralelgin,org under Business Development/Planning, DeveloIpment/Current Planning, Applications, SeaglaS5, Developments . . .......... • r � Petition AGAINST � Proposed Sub -Division byWASTELL DEVELOPMENTS ENTS INC, (Seaglass Developments) t7laera field north side of George a Sara et across, rorra Bolty lle Place West of William Street in Pore Stanley LCAT 15, RANGE I SOUTH of Lake Road and' Part of Last B, Registered Plan 117,Geaagraphir Township of .Southwold, now the Municipality of Central Ltlgin Name (Print) Signature Address L • A Ur - e,)" w m. T w w A xx ka t" A C (Z r em - 4 ,. aim rvp P yM UY tse m 1 7a lm Tt P a 2 r . lc loll VV xb r �Pro Gw ...,�" more details at: centra➢elgun.rg urrd'er Bu der D velopme t rraain ; Development/Current Plararar`a7g, Applications, Se,agl ss De eloperaaynts i 21 77- Petition AGAINST Proposed Sub -Division by WASTELL DEVELOPMENTS WC. (Seaglass Developments) LOT 15, RANGE 1 SOUTH of Lake Road and Part of Lot B, Registered Plan 117, Geographic Township of South old, now the Municipality of Central Elgin (open field north side of George Street across from Boltville place west, Of William Street in Port Stanley) Name (Print) Signature Address 7 CL, �x "C A Z)CII M 0 V_edj,,,)tj4j_ prF L 3_5 c-,t-or-ve 3P r c 0 L_d;I Jj,?_jrA4 l 4 36 17, WWri J s 3_5 c-,t-or-ve 3P r C! Jj,?_jrA4 l 4 Ce,, �-L4 ... ......... I S -D Petition AGAINST Proposed Sub -Division by WASTELL DEVELOPMENTS IINC. (Seaglass Developments) LOT 15, RANGE I SOUTH of Lake Road and Part of Lot B, Registered Plan 117, Geographic To of Southwold, now the Municipality of Central Elgin 1Koper field north side of George Street acrosqrom Soltville Place west, Of William Street in Port Stanley) Name (Print) S, I ature Address L Li (j L <71 -Ar ;W Im L A14 ✓ t"K L d, J X -77 CAI IVA, C CAQ", 6V G C t l�d L2 I -x J & C) tvL) �A U . . . ..... . . .............. BEEMMEMI 150 HOMES 360 RENTAL APARTMENTS ATTEND PUBLIC MEETING! Development/Planning, Development/Cuirrent Planning, Applications, Seaglass Developments V-- M VA V P---4tx Olt L 5 -4 - C11 W GSW Petition proposed Sub -Division _AGAINST lopments) by WASTEtL DEVELOPMENTS INc. (Seaglass Deve LOT o 15, RANGE 1 SOUTH of Lake Road and Part of Lot B, the Municipality of Central Elgin Registered Pian 117, Geographic Township of Southwold, now Williom Street in Port Stan ley) (open field north side of George Street acr from 01tville Place west, of Name (Print) e Address L bb .mow �J qR MM r4. z7 04" c; 11H 1�Ae /C L IS _7, L )A 1 d 'A IL,", Icy_ V-- M VA V P---4tx Olt L 5 -4 - C11 W GSW Ji, . . . ..... . 57 7e2 bb .mow �J MM r4. z7 04" 1�Ae /C Petition AGAINST Proposed Sub- Division by WASTELL DEVELOPMENTS IN' C. (Seaglass Developments) �l, j LOT 15, RANGE 1 SOUTH of Lake Road and Part of Lot B, Registered Plan 117, Geographic Town -ship of Southwold, now the Municipality of Central Elgin 'open field north side of George Street across from Baltville Ploce west, of William Street in PortStanley) Petition AGAINST Proposed glass Developments) Sub -Division by WASTELL DEVELOPMENTS INC, (Sea Open field north Side of George Street across from Boltville Place west of William street in Port Stanley LOT 15, RANGE 1 SOUTH of Lalke Road and Part of Lot B, RegisteredPlan 117, G ographic Township of Southwold, now the Municipality of Centr al Elgin Name (Print) S, iatu�re�,, Address 6 J,0 A) /"J 01 E0 6"t M more details at: centrafelgin.org under Business Development/Planning, Developme .. nt/Current Planning, Applications, Seaglass Developments NIL,LAGECHARACTER & IDENTITY 5 TRAFFIC and CONGESTION 150HOMES SS is OFF of GEORGE STREET �Fi� ' RENTAL APARTMENTS .. ATTEND PUBLIC MEETI NG I'' '....swab •f r � ■.. � ti�... �... rr �. � � more details at: centralelgin.org funder Business Development/Planning, N7evelopment/Cuarrent Planning, Applications, Seaglass Developments M ._"m AA (A' C, k 1 'b ,,, S, -, kk 3k,o V -e,_14, cx I M Petition AGAINST I 1c, Proposed Sub -Division by Sl ASTELL DEVELOPMENTS INC. (Seaglass Developments) LOT 15, RANGE I SOUTH of Lake Road and Part of Lot B, Registered Plan 117, Geographic Township of Southwold, now the Municipality of Central Elgin (open field north side of George Street across from Boltville, place ,weste, Of William Street in Port Stanlev) Petition AGAINST Proposed Sub -Division by WASTELL DEVELOPMENTS INC. �Seaglass Developments) Open field north side of George Street acrossfrom Saltville Place west of William Street in Port Stanley LOT 15, RANGE I SOUTH of Lake Road and Part of Lot B, ographic Township of Southwold, now the Munidpafity of Central Elgin Name, (Print) Signature Address el P hu 1Y L4 C A -7 _Z_ (S T more details at: centraleigin.org under Business Development/Planning, Development/Current Planning, Applications, Seaglass Developments more details at: cent6 elgpn.targ under Business Development/Planning, Development/Current Planning, Applications, Seaglass DevelrapameInts Petition &Ga INST � Proposed sub Division by WASTELL DEVELOPMENTS ENTS INC. (Seaglass Developments) Open field north side of George ,Street across from 801tv,11e Place West of William ,Street in Part Stonley LOT 15, RANGE T SOUTH of Lake Road and Part of Leat B, Registered Flan 117, Geogra,p hic Townships of S' dthwold, now the Mun tipality 4f Central Elgin N Arne (Print) it Lure A 11dre ' - mob/ a dM ' _....... ��. Ac e „, ^ rn ✓ ' ✓m ,. �X , r � " ._ bra • - � ,^' c � Ae!7� 141 r n 011 -d - , M ,. ;fir ✓� _. B f —A7 d P o y4 4/, rid 4�� /��,�u� � � � � *• � ��-�'�°✓`'^�p � ��iy �� "�„�f+�� 6 SWC �.: ..^a ,q a more details at: cent6 elgpn.targ under Business Development/Planning, Development/Current Planning, Applications, Seaglass DevelrapameInts Submission to Elgin County Council for consideration at the November 27, 2018 Council Meeting Re: Wastell Port Stanley build The Port Stanley Village Association PSVA is in favour of new neighbourhoods that reflect the village's traditional character. We know that progress and growth are good for the village and we welcome both. We recognize the stellar reputation that Wastell would bring to the community with their quality -built homes. We support Wastell's proposal, with conditions to • increase the safety and decrease the density and resultant village traffic and parking issues • include affordable housing • provide public space and amenities for all villagers The PSVA has concerns in several areas and think the County has a crucial role in ensuring that the public good is considered as mentioned in the Elgin County Official plan in several sections, particularly E 1.2.3.5 as it relates to subdivision development policies. This section also deals with '...the density of the development is appropriate for the area..." and '...the subdivision, when developed, will be appropriately integrated with other development In the area.' The character and identity of the Village 'brands' Port Stanley with our residents, visitors and tourists. It's important to build neighbourhoods that will enhance the village's uniqueness with an acceptable density, size, and height. Any development needs to have practical traffic and access levels that don't overload the village roads and services, which could cause safety issues. Just as important are appropriate amounts and locations of greenspace and trees that will enhance the neighbourhood. 1. The first concern is the density, which leads to greater traffic, which leads to the need for more than one access. Central Elgin's 2013 Official Plan proposes a mix of 85% single detached homes, 7% townhouses, and 8% apartments. As said by Dave Marr, quoted in the Free Press, "The municipality has to look at every opportunity to grow as long a it's in a controlled and balanced fashion." Wastell is proposing ... 71% apartments. This configuration contributes greatly to the overly high density in the development. Although we do recognize the need for housing In Port Stanley, this density is much more than Central Elgin had imagined. Under Central Elgin's Official Plan, a site for medium or high density development must: have direct access to an arterial or collector road maintained to a municipal standard with capacity to accommodate traffic generated from the site [Section 4.2.2 c) 4. Key words here are "...must..." and "...with the capacity to accommodate traffic generated from the site". Although two traffic studies were done which included George Street, the one access street which already has 10+ dead end side streets exiting onto it, and is also a dead end itself, as well as the William/Bridge Street intersection, the time frames were not consistent. As well, traffic caused by a new 100 space parking lot at Erie Rest beach was not considered. The plan is to remove the stop sign at George Street; this will only back up the traffic going to the beach from Bridge to William Street during our much needed tourist season. Adding 510 new residences will result in a minimum of 750 cars. How will people access the downtown merchants in the future when there isn't enough parking now? What if there's a fire? Or you need to see the doctor? The need for a complete, comprehensive traffic study of the entire village and suburbs is evidently crucial PRIOR to approving any development impacting the flow of traffic anywhere in Port Stanley. Many of the businesses in Port Stanley rely on tourists to survive. People will be driving around looking for parking -which already occurs -and won't be able to get out of their cars to shop, or eat, or just walk around admiring our harbour. It is our view that a second access road to Carlow Street must be included as a condition in this plan unless the density is reduced. We are aware that neither Central Elgin nor Wastell own the property required for a second access road at present and we are also aware that Central Elgin is in discussions with the owners of two properties that, in the near future, could be used as access. This would allow residents accessing or leaving the development and George Street an alternative way in or out of the village. Accordingly, the PSVA opposes the numerous proposed by-law amendment requests and the overall proposal as it stands, and would view a new development plan as a positive move to enhance Port Stanley's character and uniqueness 2. Affordable housing is a priority in the provincial, county, and municipality Official Plans. It is not included in this development, the largest proposed in a small community in Elgin County. Not requiring this condition for previous developments is not a reason to exclude it from this development. There is a great need in Port Stanley for affordable housing, particularly as the number of businesses is increasing and the staff cannot afford to live here. Residents are ageing and unable to stay in their homes; we have nowhere for those people who are unable to afford current rental costs. It is our view that a minimum of 10% of all housing be affordable. 3. Provide public space and amenities for all villagers Providing provide public space and amenities for all villagers would encourage other residents to mingle with the Wastell build residents. Amenities could include pickle ball or tennis courts, a meeting place inside one of the proposed apartment buildings, and benches. Again, because amenities were not requested or made a condition of approval for previous proposals is not a reason to exclude them from this proposal. The PSVA recommends consulting with Wastell to draw up a list of amenities that would be provided for all Port Stanley residents. Accordingly, the PSVA opposes the numerous proposed by-law amendment requests and the overall proposal as it stands, and would view a new development plan as a positive move to enhance Port Stanley's character and uniqueness. As the Municipality of Central Elgin will be taking responsibility for monitoring all aspects of implementation of this proposal, the PSVA requests that Elgin County Councillors refer this back to CE Council with a direction to address affordable housing, density, amenities, and access. Thank you for your assistance in this matter. Respectfully submitted, Janet D Kennedy Past President, PSVA ,,urrr m/1 N REPORT TO COUNTY COUNCIL FROM: Julie Gonyou, Chief Administrative Officer/Clerk Steve Evans, Manager of Planning DATE: November 7, 2018 SUBJECT: Land Division Committee Appointments INTRODUCTION: Following a verbal update in April 2018, County Council received and filed a report from the Chief Administrative Officer in May 2018 which detailed the process by which land division is handled at the County. It provided recommendations for immediate improvements, one of which included change in reporting relationship from Engineering Services to Planning Services — a transition which took place immediately. Council was informed that CAOs from our partner municipalities were in agreement that while there are opportunities within this service for improvement, their preference was that the Land Division Committee remains at the County level until a comprehensive review is completed. At the conclusion of the May 22, 2018 meeting, staff were directed by Council to work with our municipal partners to review the Land Division process from the user's perspective and complete an assessment of the fees collected locally and at the County level for this service. The review of the land division process is ongoing, with the next meeting of the municipal partner CAOs scheduled for early December. The purpose of this report is to determine whether Council has an interest in allowing Land Division members who have served two consecutive terms to serve an additional term and whether Council wishes to temporarily forgo delegating authority to the Land Division Committee until such time as a comprehensive review of the land division process is complete. BACKGROUND: The Planning Act was amended in the early 1970's to include legislation for subdivision control. It was at this time that Elgin County Council constituted and appointed a Land Division Committee as the consent -granting authority for Elgin County. The Land Division Consent Process in Elgin County includes procedures, fees, information about the hearing, conditions for approvals and information about appeals. Controlling the division of land gives the County a mechanism for ensuring the creation of lots is consistent with Provincial legislation and the planning policies of the County's Official Plan. County Land Division Committee has their authority to approve or deny consent applications at a public hearing and attach conditions to any approval as deemed appropriate. Minor variances are dealt with by the lower tier municipalities all of which have constituted Committees of Adjustment. There are two options or schools of thought on where land division should rest. The first option is that it be handled at the County level, with authority delegated by Council to a Committee. If it is at the County level (appointed Committee), it operates at arm's length free from political interference. If consent -granting authority is delegated to local Councils there could be a risk of political lobbying when making decisions. As well, a local municipality would not see the variety of applications that the County Land Division Committee would encounter and could struggle with unique applications that do occur from time -to -time. LAND DIVISION COMMITTEE: Elgin County has been extremely fortunate to have seven (7) knowledgeable and committed members serving on the Land Division Committee for the past four (4) years. The term for current Land Division Members ends on December 31, 2018. On October 2, 2018 a letter was sent from Elgin County's CAO and the Manager of Planning to all partner municipalities notifying them that reappointments of eligible members, or the appointment of new members to the Land Division Committee, were required. The next term of Land Division Committee commences January 1, 2019. In this letter it was requested that each municipality provide the County with written confirmation of such appointment or reappointment. We anticipate confirmation in December. FORGOING THE SUNSET CLAUSE: County Council's Procedural By-law, Section 37, states that 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. Four (4) partner municipalities, including the Town of Aylmer, Township of Malahide, Municipality of Central Elgin and Municipality of Dutton Dunwich must either reappoint current Committee Member or appoint a new Member to the Land Division Committee. There are three (3) members who will reach the end of their second terms on Land Division committee, and per the provision in the Procedural By-law, are required to take a break for a period of no less than one (1) year. The current Members representing the Municipality of West Elgin, the Township of Southwold and the Municipality of Bayham have served two (2) terms and a new Member must be appointed. One member has expressed an interest in a third term, requesting that County Council consider an exception to the sunset clause which prohibits reappointment. There are two current members eligible for reappointment who indicated that they do not wish to continue on the Committee. Council may be faced with 100% turnover on the Land Division Committee. The learning curve for new members is steep and orientation will be onerous. There are good reasons to make an adjustment to this procedure/policy on a one-time basis including ensuring that there is the continuation of institutional memory and intimate knowledge and understanding of the process early in the term while new members undergo orientation. Allowing members to return after eight (8) years on the Committee for an additional term will also ensure that there isn't 100% turn over on the Committee. Constituent municipalities, at their discretion, are responsible for appointing Members to the Land Division Committee. It is important to note that even if County Council displaces the sunset clause in the Procedural By-law in regard to this Committee, local Councils may decide not to reappoint existing members who have previously served two consecutive terms. Adjusting this procedure would allow them to exercise greater flexibility in their appointment process. TEMPORARILY FORGOING DELEGATING AUTHORITY: As a result of the ongoing review of Land Division, it was suggested recently by two members of County Council, including the Warden, that appointment to the Land Division Committee by municipal partners be suspended until such time as a comprehensive review is completed along with recommended changes to be reviewed by County Council. As a temporary measure, these members suggested that the authority be delegated to the Manager of Planning or be handled directly by County Council on an interim basis. Should the composition of Land Division change significantly, or the process be handled directly by partner municipalities, this interim measure would safeguard against appointing or reappointing members who may subsequently be displaced in 2019. Within the Planning Act legislation, County Council can delegate to consent to granting authority to a Committee or a local municipality. Should Council wish to have the next term of County Council assume the role of the Land Division Committee on an interim basis, commencing January 1, 2019, consideration must be given to the turnover of six (6) new members who will have to balance regular orientation with additional orientation required to assume this function. CONCLUSION: The Land Division process is an important legislated required service that we offer to our residents. When considering options related to approving applications during the review of the County's Land Division Committee and its effectiveness, it is imperative that Council ensures that the process remains as streamlined as possible for the end user. Rigorous orientation will be required regardless of whether County Council temporarily assumes the function, or if Land Division Committee Members are appointed and the Committee functions per usual. Should Council wish to displace the rules in regard to the sunset clause for Land Division Committee Members on a one-time basis, notice will be sent immediately to the Municipality of West Elgin, Township of Southwold and the Municipality of Bayham. Lastly, it is important to consider that the current Land Division Committee is in place until December 31, 2018 and we must be sensitive to the fact that partner municipalities, at the request of the County CAO, have been soliciting interest and have publicly posted for new Committee Members. Additionally, consideration must be given to the orientation required for County Councillors to assume this function and whether this is something the outgoing Council wishes to add to the orientation required of the incoming Council. RECOMMENDATIONS: WHEREAS there were noted concerns with the Land Division Committee and the land division process; and; WHEREAS a review of the Land Division Committee and land division process including fees is ongoing; and; WHEREAS there is a possibility that the turnover on the Land Division Committee may be close to 100%; NOW THEREFORE BE IT RESOLVED: THAT the report titled "Land Division Committee Appointments", dated November 7, 2018, from the Chief Administrative Officer and Manager of Planning, be received and filed; and; THAT the Chief Administrative Officer and Manager of Planning provide supplementary reports to the next term of Council in regard to the ongoing review of Land Division in Elgin County; and; OPTION 1: THAT County Council proceed with local appointments to the Land Division Committee as requested by County CAO on October 2, 2018 and continue with the ongoing review of the Land Division Committee, land division process and fees and report the results to the next term of County Council; and; THAT County Council permit the three (3) members who have served two consecutive terms to reapply to the committee, forgoing the sunset clause in Council's Procedural By -Law 18-38 (Section 37). OR OPTION 2: THAT County Council temporarily suspend the appointments or reappointments of Land Division members until such time as a comprehensive review of the Committee and its functions is complete and in the interim undertake the work of the Land Division Committee. All of which is Respectfully Submitted Julie Gonyou Chief Administrative Officer/Clerk Steve Evans Manager of Planning r�y m urrn lef, I"I REPORT TO COUNTY COUNCIL FROM: Alan Smith, General Manager of Economic Development DATE: November 16, 2018 SUBJECT: Ride Elgin Bike Share Program: Dropbike INTRODUCTION: The Economic Development department has been undertaking initiatives to expand the County's cycling infrastructure in order to enhance cycle tourism, active living, and Elgin's overall quality of place. In order to further enhance this infrastructure for tourists and local citizens, County Council at its December 14th, 2017, meeting recommended that surplus funds from the 2017 operating budget be used to fund a two year pilot bike share program in partnership with the Municipality of Central Elgin, to be located in Port Stanley; with the long-term goal of "Ride Elgin" extending to other communities forming a bike share network throughout the County for tourists to enjoy and locals to participate. However, in order to move forward with the program, County Council requested a review of the preferred vendor of bike share services resulting from the Request for Proposal (RFP) process to be conducted in early 2018. This report describes the recommended bike share services resulting from that RFP process, and seeks approval to have Dropbike implement a bike share program in Port Stanley as the first community in the Ride Elgin network. DISCUSSION: The RFP for bike share services was issued on January 29, 2018. The goal of the RFP was to solicit proposals from qualified bike share firms for a turn -key bike sharing program to be operated by the County of Elgin in partnership with the Municipality of Central Elgin; with the service to be located within Port Stanley. This would be a two year pilot program with an upset budget limit of $50,000 per year. Having a bike share service in Port Stanley would build on Elgin's commitment to cycle tourism, provide tourists with a variety of ways to explore one of Elgin County's most popular lakeshore villages, while also providing local residents with an alternative mode of active transportation. The RFP stressed that the retained service must be a completely outsourced solution that does not require the County and Central Elgin to perform maintenance, management (limited), customer support or any ongoing service. This turn -key service would also use the latest in bike sharing technology. Therefore, innovative approaches by proponents to developing the Ride Elgin Bike Share program were encouraged. On the RFP closing date of February 21, 2018, three proposals were received. Submissions ranged from $34,000 to $80,800 per year for a turn -key bike share service. Staff identified Dropbike as the preferred vendor and negotiated a final cost of $36,500 per year that would meet the County's program requirements (see appendix one for contract). Dropbike, a Canadian company, is Canada's largest smart bike -share system provider. Dropbike provides highly reliable systems that entail not only quality hardware, but also attention to detail in software, operations and user experience. Their goal is to create a new, affordable mobility solution for both residents and visitors. They believe this will not only encourage more commuter trips on public transit, but it will also enhance the overall visitor experience and support various small businesses that are key to the economic prosperity of the community. Dropbike has provided systems to numerous communities throughout Canada. Dropbike's technology has been used in Kingston, Toronto, Montreal, Westmount, Kelowna, and at numerous colleges. They offer a new technology that drastically reduces the cost of the system and can provide bike share at a lower price to users. For the Ride Elgin pilot bike share program some of the more prominent features included in the Dropbike turn -key operation are: • 20 smart bikes (see appendix two for bike specifications) and the installation of four "Ride Elgin" branded bike racks. • Regular rebalancing of the fleet using a combination of team members, smart software, and optimal layouts to ensure high availability and usage quality of bicycles. • Maintaining deployed bicycles in a safe and functional state with the service area inspected at regular intervals, and removing bicycles in need of repair or replacement. • Responding to inquiries, complaints or requests made by the users, members of the public or the County. Users can contact Dropbike through an in -app communication feature and there is also a 24/7 phone support feature. • User pricing ($1/hour for pay as you go and membership pricing for $20/30 days, $40/90 days, and $100/365 days, pricing can change). • Promoting the Dropbike pilot program to the entire community and its visitors • Making available to the County anonymous ridership data. To expand on the above points, two main bike share "hub" locations will be adjacent to the new Tourism Visitors Centre and by the public washroom facilities, by main beach, owned by the Municipality of Central Elgin in Port Stanley; while the location of two smaller bike racks will be determined during the program set-up. The booking and unlocking of bikes is done through one's smartphone (see appendix three). Users can also report broken bikes through the smartphone application and Dropbike's repair teams will fix the bikes. The overall region is geofenced and users are penalized for bicycles left outside of the County. Dropbike includes chains that lock to physical infrastructure (like personal bikes) so they offer maximum convenience for users that may wish to stop and secure their bike while visiting a variety of locations during their journey (see appendix four). 2 The contract with Dropbike would commence in December 2018 and would end on December 2020. However, if after the first year of operations the County and Central Elgin no longer wish to continue the bike share program, the agreement can be terminated. It must be stressed that the Solicitor for the County and Central Elgin was in lengthy negotiations with Dropbike and is now satisfied that the agreement meets the legal interests (indemnification, insurance etc.) of both the County of Elgin and the Municipality of Central Elgin. As stated above, the cost of the bike share program would be $36,500 per year. However, for year one, funding from Southwestern Public Health for $10,000 and the Southwest Ontario Tourism Corporation (SWOTC) for $15,000, has been secured. Therefore, year one will cost the County and Central Elgin $5,750 each. As it stands now, year two will cost each partner $18,250. This figure may change when potential funders and sponsors for year two are approached closer to that time. For now, funds have been set aside to cover the cost of both years of the pilot program from the 2017 operating budget surplus. It must be noted that Dropbike is not charging the County the yearly licensing fee of $9,500; as the County is not receiving revenue from the bike share operation. However, if the program continues beyond the two years, a review of revenue generated over that time period may indicate paying of the licencing fee is warranted; if those revenue monies received are substantially more than the amount of the licencing fee. Going forward, the next step in the process is presenting the preferred vendor, Dropbike, to Central Elgin's Council on December 10, 2018. Central Elgin did support in principle a partnership with Elgin County for a two year pilot bike sharing program at their December 18, 2017, Council meeting. However, like Elgin's Council, they wanted more information on the program that would be eventually undertaken by an identified preferred vendor through the RFP process. The intention is to have all parties sign the contract by the end of the year with the bike share in operation by late April, early May of 2019. CONCLUSION: As a result of the RFP process, Dropbike has been identified as the preferred vendor to operate the Ride Elgin two year bike share pilot program. Using the latest in bike sharing technology, the turn -key operation offered by Dropbike meets the County's requirements well below the initial budgeted cost of $50,000 per year. The success of this pilot may lead to similar bike share programs in other communities in Elgin County thus creating an entire Ride Elgin network for tourists to enjoy and locals to participate. Being the first small scale community bike share in Southwestern Ontario, would demonstrate yet again the progressive nature of Elgin County; and set an example for other municipalities to follow. 3 RECOMMENDATIONS: THAT the County Warden and Chief Administrative Officer be directed to sign a contract with Dropbike for bike sharing services as described in the November 16, 2018, report conditional on the Municipality of Central Elgin agreeing to the services provided by Dropbike. All of which is Respectfully Submitted Approved for Submission Alan Smith Julie Gonyou General Manager of Economic Development Chief Administrative Officer Appendix One: Dropbike Service Agreement This Services Agreement ("Agreement") is entered into and effective as of December xx, 2018 (the "Effective Date") by and between Dropbike Inc., a Canada corporation, having a place of business at 55 Scenic Mill Way Toronto, ON L4Z 2M3 Canada, ("Dropbike") and the Corporation of the County of Elgin and The Corporation of the Municipality of Central Elgin, municipalities in the province of Ontario (each a "Customer" or the "County"). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Definitions. For the purposes of this Agreement, in addition to the capitalized terms defined elsewhere in this Agreement, the following terms shall have the meanings ascribed to them as follows: "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control", for purposes of this Agreement, means direct or indirect ownership or control of more than fifty percent (50%) of the voting interests of the subject entity; "Customer Content" means any data, materials, descriptions, photos, graphics, logos, audio/visual content belonging to Customer or its licensors and provided to Dropbike for use with the Platform or Services. "Customer Data" means all electronic data or information submitted by Customer to the Platform or Dropbike in the course of providing the Services; "Deliverable" means any software, analytics, reports documentation and/or other materials prepared by Dropbike for Customer as described in a SOW; "End User" means any individual who accesses and uses the Platform; "Platform" means Dropbike's bike sharing application and software platform; "Professional Services" means any services to be provided by Dropbike to Customer, all as described in a SOW, and may include development, onboarding, integration, and/or customization services; "Statement of Work" or "SOW" means a statement of work or other written document executed by the parties that specifies the goods and Services, fees and any other additional commercial terms agreed by the parties; and "Term" has the meaning ascribed to that term in Section 10.1. 2. Dropbike Equipment and Platform. 2.1. Sale of Equipment. Company agrees to sell and Customer agrees to purchase the hardware and equipment set out in any applicable SOW, subject to the terms of the SOW. 2.2. Provision of Platform. Conditioned on the provisions in this Section 2 and the other terms and conditions of this Agreement including payment of the applicable Fees, Dropbike shall make the Platform available to Customer for Customer's internal business use during the Term of the Agreement. All use of the Platform by Customer or End Users shall be subject to Dropbike standard Terms of Use. 3. Services. 3.1. Dropbike Responsibilities. Dropbike shall (i) provide basic support to Customer's End Users, at no additional charge, including a twenty-four (24) hours a day telephone line, twenty-four (24) hours a day in -app chat function, and a dedicated support email address publicly available at elginLcMro bike.ca, and (ii) use commercially reasonable efforts to make the Platform available twenty-four (24) hours a day, seven (7) days a week, except for: (a) planned downtime; or (b) any unavailability caused by circumstances beyond Dropbike's reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Dropbike employees), computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within Dropbike's possession or reasonable control, and denial of service attacks. 3.2. Customer Responsibilities. Customer shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Content; (ii) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Platform, and notify Dropbike promptly of any such unauthorized access or use; and (iii) comply with all applicable local, provincial, state, federal and foreign laws in using the Platform. 3.3. Professional Services. Upon execution of an SOW, Dropbike will provide Professional Services (including the development of Deliverables) for Customer all as described in such SOW. 3.4. Publicity. Each party may include the name and logo of the other party in lists of customers or vendors in accordance with the other party's standard branding guidelines. 4. Fees and Payment. 4.1. Fees. In consideration for the receipt of the Platform, Customer shall pay Dropbike the fees, all as specified in Schedule A or an applicable SOW. All amounts are payable in Canadian dollars. 4.2. Invoicing and Payment. Fees for the Services will be invoiced on a monthly basis unless otherwise specified in Schedule A or another SOW executed by the parties. Unless otherwise stated in an invoice, charges are due net thirty (30) days from the invoice date. 4.3. Overdue Payments. Any payment not received from Customer by the due date may accrue (except with respect to charges then under reasonable and good faith dispute), at Dropbike's discretion, late charges at the rate of 1.0% of the outstanding balance per month (12.67% per annum), or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. 4.4. Taxes. Unless otherwise stated, Dropbike's fees do not include any direct or indirect local, state, provincial, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, goods and services, harmonized, use or withholding taxes (collectively, "Taxes"). Customer is responsible for paying all Taxes associated with its purchases pursuant to this Agreement, excluding taxes based on Dropbike's net income or property. If Dropbike has the legal obligation to pay or collect Taxes for which Customer is responsible under this section, the appropriate amount shall be invoiced to and paid by Customer, unless Customer provides Dropbike with a valid tax exemption certificate authorized by the appropriate taxing authority. 4.5. Disputed Invoices. If Customer disputes any portion of an invoice, (a) Customer shall provide Dropbike with written notice of the disputed portion within 30 business days of receipt by Customer of Dropbike's invoice and its reasons therefor and shall not be obliged to pay such disputed portion unless and until such disputed portion is determined to be due and owing, and (b) Dropbike shall cancel such invoice and issue a new invoice reflecting the undisputed invoiced amount, which shall be paid by Customer within 30 days. The parties shall use good faith efforts to resolve the dispute regarding the disputed amount promptly, and if the parties agree that a balance is due, Dropbike shall issue an invoice for such balance, and payment shall be due 30 days after receipt of such invoice. hl the event of any inconsistency between an invoice and this Agreement, the terms of this Agreement shall control. 5. Proprietary Rights. 5.1. Reservation of Rights. Subject to the limited rights expressly granted pursuant to this Agreement, Dropbike reserves all rights, title and interest in and to the Platform and any upgrades, enhancements, releases, customizations thereto, and/or derivate works therefrom including all related intellectual property rights. No rights are granted to Customer hereunder other than as expressly set forth in this Agreement. 5.2. Restrictions. Customer shall not (and shall not allow any third party to): (a) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Platform except to the extent that enforcement of this restriction is prohibited by applicable law notwithstanding a contractual provision to the contrary; (b) circumvent any user limits or other timing or use restrictions that are built into the Platform; (c) remove any proprietary notices, labels, or marks from the Platform; (d) frame or mirror any content forming part of the Platform; or (e) access the Platform in order to (i) build a competitive product or service, or (ii) copy any ideas, features, functions or graphics of the Platform. 5.3. Customer Data. As between Dropbike and Customer, Customer exclusively owns all rights, title and interest in and to all Customer Data and Customer Content. Customer hereby grants Dropbike a non-exclusive license for the Term (and for thirty (30) days thereafter) to use and otherwise exploit the Customer Data as reasonably required to provide the Platform. 5.4. Platform Data. Dropbike shall be the exclusive owner of any data generated through use of the Platform, in accordance with Dropbike's agreements with End Users. . 5.5. Suggestions. Dropbike shall have a royalty -free, worldwide, transferable, sublicenseable, irrevocable, perpetual, unrestricted license to use or incorporate into the Platform and/or any other products or services any suggestions, enhancement requests, recommendations or other feedback provided by Customer relating to the Platform ("Feedback"). Customer hereby waives all moral rights in any Feedback. 6. Confidentiality. 6.1. Definition of Confidential Information. As used herein, "Confidential Information" means all confidential and proprietary information of either Dropbike or Customer (the "Disclosing Party") disclosed to the other party (the "Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including the terms and conditions of this Agreement (including pricing and other terms reflected in all SOWS hereunder), the Customer Data, the Platform, business and marketing plans, technology and technical information, product designs, and business processes. Confidential Information shall not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) was independently developed by the Receiving Party without breach of any obligation owed to the Disclosing Party; or (iv) is received from a third party without breach of any obligation owed to the Disclosing Party. 6.2. Confidentiality. The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, except with the Disclosing Party's prior written permission. 6.3. Protection. Each party agrees to protect the confidentiality of the Confidential Information of the other party in the same manner that it protects the confidentiality of its own proprietary and confidential information of like kind (but in no event using less than reasonable care). 6.4. Compelled Disclosure. If the Receiving Party is compelled by law to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. 6.5. Remedies. If the Receiving Party discloses or uses (or threatens to disclose or use) any Confidential Information of the Disclosing Party in breach of confidentiality protections in this Agreement, the Disclosing Party shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the parties that any other available remedies may be inadequate. 7. Warranties and Disclaimers. 7.1. Warranties. Each party warrants that it has the legal power to enter into this Agreement. Dropbike warrants that (i) the Platform shall perform materially in accordance with the specifications in the User Guise and/or any SOW; (ii) Dropbike shall perform the Services in a professional and workmanlike manner; (iii) any equipment or other hardware delivered by Dropbike will be and, as set forth below, remain free from defects in material, workmanship, and intended use under presumed conditions of normal use and service during the Term of this Agreement. Dropbike will repair or replace such equipment or other hardware in accordance with the maintenance services set forth in the SOW attached. 7.2. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 7. 1, DROPBIKE MAKES NO REPRESENTATIONS AND PROVIDES NO WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS, INCLUDING ANY REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, TITLE, NON -INFRINGEMENT, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 8. Mutual Indemnification. 8.1. Indemnification by Dropbike. Subject to the terms and conditions of this Agreement, Dropbike shall, at its own expense, defend Customer and its Affiliates and its and their directors, officers, employees and agents (the "Customer Parties") in any action, suit or proceeding by a third party alleging that the Platform infringes or misappropriates any patent, trademark, trade secret, copyright or any other intellectual property rights of such third party (an "IP Claim") or any third -party claim arising from Dropbike's negligence ("Claim"), and shall indemnify and hold Customer harmless from and against any settlement amounts agreed in writing by Dropbike and/or any losses, damages, expenses or costs (including but not limited to reasonable attorneys' fees) awarded in respect to such IP Claim or Claim to such third parry against Customer by a court or tribunal of competent jurisdiction in such IP Claim or Claim. As conditions for such defense and indemnification by Dropbike, (i) Customer shall notify Dropbike promptly in writing upon becoming aware of all pending IP Claims or Claims; (ii) Customer shall give Dropbike sole control of the defense and settlement of such IP Claims or Claims; (iii) Customer shall cooperate fully with Dropbike in the defense or settlement of such IP Claims or Claims; and (iv) Customer shall not settle any IP Claims or Claims without Dropbike's written consent, or compromise the defense of any such IP Claims or Claims or make any admissions in respect thereto. 8.2. Mitigation. If (a) Dropbike becomes aware of an actual or potential IP Claim, or (b) Customer provides Dropbike with notice of an actual or potential IP Claim, Dropbike shall either (or in the case of an injunction against Customer, shall), at Dropbike's sole option and determination: (I) procure for Customer the right to continue to use the Service; or (II) replace or modify the Platform with equivalent or better functionality so that Customer's use is no longer infringing; or (111) if (1) or (11) are not commercially reasonable, terminate provision of the Platform and refund to Customer any pre -paid Platform fees for any periods after the termination of the Platform, less any outstanding moneys owed by Customer to Dropbike. 8.3. Exclusions. The obligations in Sections 8.1 and 8.2 do not extend to any IP Claim related to any Customer Data or Customer Content. 8.4. Indemnification by Customer. Subject to the terms and conditions of this Agreement, Customer shall, at its own expense, defend Dropbike, in any action, suit or proceeding brought by a third party against any of the Dropbike alleging that the Customer Content, Customer Data, or Customer's use of the Platform in violation of this Agreement, infringes or misappropriates the intellectual property or other rights of, or has otherwise harmed, a third party ("Customer Claims") and shall indemnify and hold the Dropbike harmless from and against any settlement amounts agreed in writing by Customer and/or any losses, damages, expenses or costs (including but not limited to reasonable attorneys' fees) awarded to such third parry against Dropbike by a court or tribunal of competent jurisdiction in any such Customer Claim. As conditions for such defense and indemnification by Customer, (a) Dropbike shall notify Customer promptly in writing upon becoming aware of all pending Customer Claims; (b) Dropbike shall give Customer sole control of the defense and settlement of such Customer Claims; (c) Dropbike shall cooperate fully with Customer in the defense or settlement of such Customer Claims; and (d) Dropbike shall not settle any Customer Claims without Customer's written consent, or compromise the defense of any such Customer Claims or make any admissions in respect thereto. 9. Limitation of Liability. 9.1. Limitation of Liability. EXCEPT ANY AMOUNTS REQUIRED TO BE PAID UNDER THE PARTIES' INDEMNIFICATION OBLIGATIONS UNDER SECTION 8, IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF $100,000 CDN OR THE AMOUNTS ACTUALLY PAID BY AND DUE FROM CUSTOMER HEREUNDER IN THE TWELVE MONTHS PRECEDING THE INCIDENT GIVING RISE TO LIABILITY. 9.2. Exclusion of Consequential and Related Damages. EXCEPT ANY AMOUNTS REQUIRED TO BE PAID UNDER THE PARTIES' INDEMNIFICATION OBLIGATIONS UNDER SECTION 8, IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO CUSTOMER FOR ANY LOST PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOST SAVINGS OR OTHER SIMILAR PECUNIARY LOSS) HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 9.3. Beneficiaries. Every right, exemption from liability, release, defence, immunity and waiver of whatsoever nature applicable to a party under this Agreement shall also be available and shall extend to benefit and to protect such party's Affiliates, subcontractors, agents, licensors, suppliers, directors and/or employees and for such purposes such party is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of such companies and persons in respect to such rights, exemptions, releases, defenses, immunities and waivers. 10. Term and Termination. 10.1. Term of Agreement. This Agreement shall commence as of the Effective Date and shall continue in effect for an initial pilot term one (1) year (the "Pilot Term") and then renewed for an additional one year (such initial term referred to in this Agreement as the "Initial Term") upon expiration of the Pilot Term, unless Customer gives at least 60 days' notice of intention to terminate before the expiration of the Pilot Term. Following the Initial Term, the term of the Agreement shall be automatically renewed annually on the anniversary of the Effective Date for additional one (1) year renewal terms (any such subsequent renewal terms referred to in this Agreement as a "Renewal Term"), unless either party gives written notice of non -renewal to the other parry at least sixty (60) days prior to the end of the Initial Term or any Renewal Term hereof. Collectively, the Pilot Term, Initial Term and any subsequent Renewal Terms shall constitute the "Term". If this Agreement expires and there are any outstanding SOWS that extend beyond the effective date of expiration of this Agreement, then this Agreement shall remain in effect in respect to such SOWS until such SOWS have completed, whereupon this Agreement shall expire (subject to Section 10.3 (Surviving Provisions)). If this Agreement is terminated for cause by either of the parties then all SOWS shall terminate at the same time as this Agreement terminates. 10.2. Termination for Cause. A party may terminate this Agreement for cause: (i) upon thirty (30) days written notice of a material breach to the other party if such breach remains uncured at the expiration of such period; or (ii) if the other party becomes the subject of a petition in bankruptcy 10 or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. 10.3. Outstanding Fees. Termination, suspension, or expiration of this Agreement shall not relieve Customer of the obligation to pay any fees accrued or payable to Dropbike. Upon Termination by Dropbike under Section 10.2, all applicable fees for the remainder of the Term shall become due immediately. 10.4. Surviving Provisions. The following provisions shall survive any termination or expiration of this Agreement: Sections 4 through 12. 11. Insurance 11.1. Service Provider Insurance. During the Term, Dropbike shall maintain the following insurance coverage. (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 dollars ($5,000,000) in respect to any one occurrence. The above-mentioned policy shall be endorsed to include the Corporation of the County of Elgin and The Corporation of the Municipality of Central Elgin as additional insureds; (b) Non -owned Automobile liability policy to a limit of no less than two million dollars ($2,000,000); (c) Professional Liability insurance covering all activities as described in Dropbike's Proposal to a limit of no less than two million ($2,000,000) per claim and in the aggregate; and (d) Technology Errors and Omissions Insurance and Network Security, covering data breaches, unauthorized access, theft of confidential information, invasion of privacy, destruction, alteration or damage to electronic information, intellectual property infringement such as copyright, trademarks, service marks and trade dress, with a minimum limit of $2,000,000 per occurrence. 11.2. Insurance Terms. The aforementioned policies of insurance shall contain or shall be subject to the following terms and conditions: (i) be written by an insurer licensed to do business in Ontario; (ii) be non-contributing with, and will apply only as primary and not excess to any other insurance or self-insurance available to the County; (iii) 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; and (iv) any deductible amounts shall be borne by Dropbike. 11.3. Certificates. Dropbike shall provide proof of insurance prior to performance of any Services under this 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. Dropbike 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 within fifteen (15) business days prior to the expiration or replacement of the current policies, without demand by the County. 11 12. General Provisions. 12.1. Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. 12.2. No Third -Party Beneficiaries. Except as expressly provided in this Agreement, there are no third - party beneficiaries to this Agreement. 12.3. Notices. All notices under this Agreement shall be in writing and shall be deemed to have been given upon: (i) personal delivery; (ii) the second business day after mailing; (iii) the second business day after sending by confirmed facsimile; or (iv) the second business day after sending by email. Notices to Dropbike shall be addressed to the attention of the Legal Department. Notices to Customer shall be addressed to Customer's signatory of this Agreement unless otherwise designated below. 12.4. Waiver and Cumulative Remedies. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated in this Agreement, the remedies provided in this Agreement are in addition to, and not exclusive of, any other remedies of a party at law or in equity. 12.5. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect. 12.6. Assignment. Neither party may assign any of its rights or obligations under this Agreement, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, Dropbike may assign this Agreement in its entirety (including all SOWS), without consent of the other parry, to an Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its business, stock or assets. Any attempt by a party to assign its rights or obligations under this Agreement in breach of this section shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. 12.7. Governing Law. This Agreement shall be governed by the laws of the Province of Ontario, Canada, without regard to its conflict of law principles. No choice of laws rules of any jurisdiction shall apply to this Agreement. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded. The parties confirm that it is their wish that this Agreement as well as all other documents relating to this Agreement, including notices, be drawn up in English only. 12.8. Venue; Waiver of Jury Trial. The provincial and federal courts located in Toronto, Ontario Canada, shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts. Each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement. 12.9. Force Majeure. Neither party shall be responsible for its failure to perform to the extent due to unforeseen circumstances or causes beyond its control, including but not limited to acts of God, 12 wars, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, or strikes, labour problems (other than those involving the employees of the affected party), computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within a party's possession or reasonable control, provided that such party gives the other party prompt written notice of the failure to perform and the reason therefore and uses its reasonable efforts to limit the resulting delay in its performance. 12.10. Entire Agreement. This Agreement, including all schedules, exhibits and addenda hereto and all SOWS constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. To the extent of any conflict or inconsistency between the provisions in the body of this Agreement and any schedule, exhibit or addendum hereto or any SOW, the terms of such schedule, exhibit, addendum, or SOW shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Customer purchase order or in any other Customer order documentation shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void. 12.11. Counterparts. This Agreement may be executed by facsimile and in counterparts, which taken together shall form one legal instrument. 12.12. Language. It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C'est la volonte expresse des parties que la presente convention ainsi que les documents qui s'y rattachent soient rediges en anglais. [Remainder of Page Intentionally Left Blank] 13 IN WITNESS WHEREOF, the parties' authorized signatories have duly executed this Agreement as of the Effective Date: DROPBIKE INC. CORPORATION OF THE COUNTY OF ELGIN By: By: Print Name: Print Name: Title: Title: Date: Date: Name and/or title of person authorized to receive notices for CUSTOMER under this Agreement (if different from above): THE CORPORATION OF THE MUNICIPALITY OF CENTRAL ELGIN By: Print Name: Title: Date: Name and/or title of person authorized to receive notices for CUSTOMER under this Agreement (if different from above): 14 SCHEDULE A — INITIAL STATEMENT OF WORK This Statement of Work is made pursuant to the Master Services Agreement between Dropbike and Customer with an Effective Date of December xx, 2018, (the "Agreement"). 1.0 PROJECT DESCRIPTION AND SCOPE Dropbike will sell to County smart bikes and bike rack hardware as well as provide maintenance and support services in respect of the Dropbike Platform in accordance with the terms of this SOW. Upon execution of the contract 90 days will be required to manufacture and install all bikes and bike racks. 2.0 TERM OF STATEMENT OF WORK AND PROJECT SCHEDULE This Statement of Work shall commence on the December 31St, 2018 and continue until December 31st, 2020 ("SOW Term"). The first year following the April 15th, 2019 service launch date ("Launch Date") shall be deemed the "Pilot". Customer shall have the option of terminating the SOW after the expiration of the Pilot, provided Customer gives Dropbike at least 60 days' notice prior to the expiry of the Pilot. 3.0 SUPPORT AND MAINTENANCE SERVICES Beginning on the Launch Date and during the SOW Term, and subject to the payment of the applicable fees, Dropbike shall perform the following support and maintenance services: Customer service for end user of the Dropbike Platform and Services as described in Section 3.1 Software maintenance of the Dropbike Platform Bike repairs and maintenance: i. maintain deployed bicycles in a safe and functional state of operation and within forty-eight (48) hours of being notified promptly remove any bicycles not located in Havens, or damaged, unsafe or non-functional bicycles as requested and at the Licensee's sole cost; ii. inspect the service area at regular intervals and at a minimum of once per week to rebalance bicycle locations, remove bicycles from inappropriate locations, and remove bicycles in need of repair or replacement; iii. provide clearly visible contact information for Dropbike service and inquiries on all Dropbike bicycles and on all Dropbike user interface or point of sale applications and promotional materials; iv. respond to inquiries, complaints or requests made by the users, members of the public or the Licensor within ten (10) hours of receiving notice; v. promote the Dropbike pilot program to the entire community and its visitors vi. use commercially reasonable efforts to operate the Dropbike system in a manner that does not restrict access to, through or from any portion of the Licensor's property including municipal road allowances and especially upon sidewalks and especially with respect to access by persons with disabilities vii. use commercially reasonable efforts to operate the Dropbike system in a manner that does not create any hazard or nuisance to users of the Licensor's property including municipal road allowances • Data sharing: Dropbike will make available to County anonymized ridership data including: i. number of users by day; ii. number, duration, distance and origin and destination of trips made by users; iii. Haven activity with data and/or insight regarding trips connecting to/from 15 transit; iv. peak hour (both morning and afternoon/evening) bicycle usage, over a weekly period; v. number and nature of inquiries, requests or complaints, as well as any reported collisions or near collisions; vi. number of bicycle units deployed by day; vii. aggregated breakdown of users by gender and age, and any other demographic information; and viii. any user experience/satisfaction feedback received. 4.0 CUSTOMER RESPONSIBILITIES • Support on communications through social media • Providing assistance/input for installation • Provide logos and other materials for bike branding 5.0 HARDWARE LEASE OR PURCHASE On or before the Launch Date, Dropbike will deliver 20 Smart Dropbike bicycles and install 4 customer "Ride Elgin" branded bike racks for lease to Customer during the Pilot. Full renderings will be provided before the manufacturing of the bikes and bike racks, which will be agreed upon by both parties. If Customer does not terminate this SOW after the Pilot, then upon payment to Customer of the Second Payment (defined below), Customer will acquire all right, title and interest in the bicycles and bike racks, at which time Dropbike will produce a bill of sale and receipt to transfer ownership of bicycles and bike racks and document such transfer. 6.0 PROJECT FEES, EXPENSES AND PAYMENT TERMS Customer shall pay Dropbike the following fees in accordance with the following schedule: • Payment of $36,500 before Dec 31 st, 2018 ("First Payment") • Payment of $36,500 on Dec 31st, 2019 ("Second Payment"), unless Customer elects to terminate the SOW after the Pilot [Remainder of Page Intentionally Left Blank] 16 This Statement of Work is agreed and accepted: DROPBIKE INC. 0 Print Name: CORPORATION OF THE COUNTY OF ELGIN Print Name: Title: Title: Date: Date: THE CORPORATION OF THE MUNICIPALITY OF CENTRAL ELGIN By: Print Name: Title: Date: 17 Appendix two Bike Specifications. 1— Gears Shimano 3 speed internal gear system with drum brake 2— Basket Attached to the front of the frame will keep bike balanced when resting; advertising space available. 12" x 8" x 5". Holds 10kg/22 pounds 3— Bells Integrated bell with few moving parts and low maintenance 4— Front Brakes V- brake with forged alloy arms 5— Cranksets Forged alloy crank arm with a reinforced steel chain ring. 6— Cable Lock Optional locking system can be integrated into smart -lock. 7— Frame Customized branding (colours, logo) is available. 8— Front Light Panasonic NRV006 dynamo. Turn the metal clip to activate. 9— Pedals Carbon reinforced plastic. 10— Safety Reflectors 18 Situated on front & back wheel, and pedals. 11— Rims and Spokes Double wall alloy rim and 26" stainless steel spokes 12— Saddle and Seat Post Nylon and Carbon fibre saddle and 35cm max extension seat post 13— Solar panel Thin-film panel charges smart -lock. 14— Smart Rear light Solar powered, and includes accelerometer. Turns on automatically after dark, when in motion 15— Tires Tubeless tires don't need to be serviced. Pneumatic options also available. 16— Smart lock Proprietary smart -locking system with internet, bluetooth & GPS connectivity. Tethers to Dropbike's software for asset management tracking. Lock can also record speed, elevation, trip paths and monitor battery power. 19 Appendix three User application screenshots The following screenshots illustrate a comprehensive overview of Dropbike's user -facing software capabilities. .11 CM41 Va PM, 41 IF 0 9:20 PM 0 t M0% No, X What's your phone number? Welcome to Drolabilke Add d credit cm d to earn I inue nde i We'll text as code to verify your rilwa, M 0 4/, 711", 0 9 1 2 3 Lc�> Welvome to Uropbike 4 5 6 Cwd ""'0, 1SWIPe 10t to 90 stafted. C;- tma oS111, 7 8 9 CYT SkIp •> �qr Above: screenshots of the onboarding process. Initial instructions, phone number login, credit card (or Visa Debit) entry. rkp 9 .11 Carow, 9:20f ME 0 t wo% No, drQpbike H , I'm Jasnune How may I he4:) yrwl .) (,r)Ud [ Vkaw have Om lc*e� nvn'twn? III's to ted between the harvAp hers, and beriefe, ftn� ptdals, q w e r t y u i o p Step 2 Scan OR d co de to tw1ock, a s d f g h j k I ME%, ON z X C V b n m > FR. .. ............ ...... 20 "N P""4 1 oggr;,", oill"? P11 �qr rkp .11 Carow, 9:20f ME 0 t wo% No, drQpbike H , I'm Jasnune How may I he4:) yrwl .) (,r)Ud [ Vkaw have Om lc*e� nvn'twn? III's to ted between the harvAp hers, and beriefe, ftn� ptdals, q w e r t y u i o p Step 2 Scan OR d co de to tw1ock, a s d f g h j k I ME%, ON z X C V b n m > FR. .. ............ ...... 20 Appendix four Bicycle photographs Above: (Left) A Dropbike locked to physical infrastructure. This keeps our bicycles organized and users accountable. (Right) a user unlocking a Dropbike with our smartphone app. Above: basket stickers indicate appropriate parking and safety instructions and a dropbike rider 21 E�, REPORT TO COUNTY COUNCIL FROM: Brian Masschaele, Director of Community and Cultural Services DATE: October 15, 2018 SUBJECT: 2018 Library Branch Facility Improvements INTRODUCTION: Renovations and improvements have been completed in 2018 at Fred Bodsworth Public Library of Port Burwell, Aylmer Library, Southwold Township Library, Shedden and John Kenneth Galbraith Reference Library, Dutton during the past year. This report provides an overview of these projects for Council's information. DISCUSSION: The following renovations and improvements have been completed in Elgin County Library branches in 2018: Fred Bodsworth Public Library of Port Burwell The Municipality of Bayham replaced the library's accessible ramp to improve access for patrons with mobility challenges. Library staff and the County's Accessibility Coordinator were consulted in the design and procurement process. Aylmer Library New carpet tile and tile have been installed throughout high traffic sections of the library, including throughout the entrance, staff rooms, public access computer areas and the centre corridor to the rear entrance. A new circulation desk has been installed in a modified location along with new tables for public access computers. The County contributed approximately $35,000 towards these renovations, including furnishings, and the Town of Aylmer contributed $5,000 to assist with flooring costs. During 2018, the Town of Aylmer also installed door -assist hardware at the front -entrance to the library and completed mortar repairs to the interior brick wall. Further improvements are expected to take place in 2019 and 2020 to complete flooring upgrades in collection and program areas. Southwold Townshia Librarv. Shedden The Township of Southwold facilitated the installation of a height adjustable change table in the universal washroom. This table can accommodate both infants and adults with care needs. The County's Accessibility Coordinator played an active role in specifications and procurement of the unit in partnership with township and library staff. John Kenneth Reference Library, Dutton The Municipality of Dutton-Dunwich has installed a barrier -free washroom adjacent to the children's area utilizing funding from the federal government's Enabling Accessibility Fund. Library staff and the County's Accessibility Coordinator were involved in the planning process. Energy efficient lighting improvements throughout the building are also in progress. CONCLUSION: The one common theme to all of these projects is that they significantly improve accessibility to library branches for all residents regardless of physical ability. These projects further demonstrate that the relationship between the County and its municipal partners in the maintenance of library facilities remains strong. Capital improvements to library facilities are being completed by municipal partners on a regular basis for the benefit of residents through County lease payments. Library supervisors and staff in the respective branches are also to be commended for taking part in the planning process and for minimizing disruptions to public service as all of these projects unfolded. RECOMMENDATION: THAT the report titled "2018 Library Branch Facility Improvements" by the Director of Community and Cultural Services dated October 15, 2018 be received and filed. All of which is Respectfully Submitted Approved for Submission Brian Masschaele Julie Gonyou Director of Community and Cultural Services Chief Administrative Officer E�, REPORT TO COUNTY COUNCIL FROM: Brian Masschaele, Director of Community and Cultural Services DATE: September 27, 2018 SUBJECT: Library Guidelines Performance INTRODUCTION: At the November 14th, 2017 meeting, Council received Guidelines for Rural/Urban Public Library Systems (3rd Edition, 2017) produced by the Administrators of Rural and Urban Public Libraries of Ontario (ARUPLO), the organization representing most County library systems in Ontario. The Elgin County Library utilizes the "ARUPLO Guidelines" (as they are known) for planning purposes on matters such as space needs, hours of operation, staffing levels, collection sizes and levels of technology. The ARUPLO Guidelines are the most comprehensive tool to assess performance of multi branch, rural / urban systems in Ontario. This report analyses Elgin County Library's performance relative to these guidelines for Council's information. A similar benchmarking analysis was presented to Council in 2012 after the release of the 2nd edition of the guidelines. DISCUSSION: The 3rd edition of the ARUPLO Guidelines marks a major change in how they can be utilized by member systems for planning purposes. For the first time, the catchment area for each branch (i.e. population served) is no longer the main determinant behind whether a branch is considered small, medium, large or urban. Rather, it is now up to each system to make that determination based on the strategic role that each branch plays in the system as a whole. Catchment area is still a significant factor in making that determination but it is not the only one. The following is a breakdown of the categories for each branch of the Elgin County Library system based on the level of service and strategic role that each serves: Large branch: Aylmer Medium branches: Dutton, Port Stanley and Straffordville Small branches: Belmont, Port Burwell, Rodney, Shedden, Springfield and West Lorne For the purposes of this report, staff are focusing on the following six core factors for benchmarking purposes: Catchment area / population served, facilities, hours of operation, staffing, collections and technology. In engaging in this analysis, it should be noted that the library's total population served for guideline purposes is 46,000 even though the County's total population according to the 2016 census is 50,069. The discrepancy between these two numbers is based on the fact that a proportion of County residents live in close proximity to a library service provided by another municipality, particularly St. Thomas Public Library. Determining the population served by each branch is strictly an estimate given that census figures are largely available only for the municipality as a whole as opposed to villages or regions within a municipality. As a result, staff have had to rely on additional information such as usage patterns and the County's planning data to determine the estimated catchment area for each branch. Below is a table summary and analysis of the library's cumulative performance for all ten branches relative to the aforementioned categories, after which is attached an analysis of each branch's individual performance. GUIDELINE BRANCHES WITHIN GUIDELINE Catchment Area / Population Served 9 of 10 Facilities 4 of 10 Hours of Operation 9 of 10 Staffing 8 of 10 Collections 9 of 10 Technology 8 of 10 TOTAL GUIDELINES MET 47 of 60 Catchment Area / Population Served 9 of 10 branches have an appropriate catchment area relative to the branch's classification. Port Burwell's catchment area of 1,400 is on the low-end of a sustainable population base to maintain full branch status. Facilities Minimum recommended guideline: 40,000 square feet Elgin County Library total: 29,448 square feet 4 out of 10 branches meet this guideline. As a whole, Elgin County Library is operating at 74 per cent of the minimum benchmark. This marks an improvement since the last benchmarking exercise in 2012 when only one branch met the guideline (Dutton) and the library was operating at 59 per cent of the recommended total. This is largely attributable to recent facility expansions in Belmont and Shedden. However, further increases to facility size at some branches need to be considered going forward. Hours of Operation Recommended guideline: 240 to 350 hours Elgin County Library total per week: 302 hours Elgin County Library is operating well within the recommended guideline. 9 out of 10 branches meet the minimum requirement, with the exception being Port Burwell. However, it is associated with Straffordville in terms of staffing and hours of operation and taken together; these two branches meet the minimum guideline. Staffing Minimum recommended guideline: 18.5 FTE Elgin County Library total: 19.6 FTE Elgin County Library is operating slightly above the minimum guideline as a whole, including at 8 out of 10 branches. This marks an improvement from 2012 when the system was slightly below the minimum guideline. This can be attributed to recent increases in staffing hours at Belmont, Springfield and Shedden. Straffordville and Port Burwell have staffing levels below the minimum guideline. Collections Minimum recommended guideline: 96,000 physical items Elgin County Library total: 175,518 physical items Elgin County Library is operating well above the minimum guideline and at ninety per cent of the recommended maximum of 194,000 items. Collection size remains strong and is consistent with figures presented in the 2012 analysis. It should be noted that minimum collection size has been drastically reduced in the most recent version of the guidelines to incorporate accessibility considerations such as lower shelving, better marketing of collections and also to provide more space for programming. 9 out of 10 branches meet the minimum guideline, with the exception being Port Burwell. However, given that items are available from across the system, the inability to meet the guideline at any one location is less of a concern. Technology Minimum recommended guideline: 51 public access workstations + Wi-Fi Elgin County Library total: 47 public access workstations + mobile workstations + Wi-Fi Elgin County Library is operating close to the minimum ARUPLO guideline, including at 8 out of 10 branches. These numbers have remained largely consistent with the last analysis completed in 2012. Aylmer and Belmont currently do not meet the minimum guideline. However, the attached branch -by -branch analysis also lists the number of tablets and laptops available to the public at each location. These devices play an important role in connecting patrons to on-line resources via Wi-Fi. When these devices are considered, all branches meet the minimum requirement. Overall, the County's technology infrastructure remains solid. Staff continually monitor network speeds to ensure appropriate levels of service at each location through both wired and wireless connections. Rodney and West Lorne remain the biggest challenges in this regard, with relatively slow speeds at the present time. Staff will investigate the option of switching to fibre -optics in the coming months given infrastructure upgrades currently taking place in each community. CONCLUSION: In summary, the library's performance against the most recent edition of the ARUPLO Guidelines can be considered solid with the exception of facilities. Even here, significant improvements have been made since Council last received a benchmarking analysis in 2012. The information presented in this report, along with the library's annual statistical report, gives Council and staff a good overview of how each branch is performing relative to others in the system and relative to recommended guidelines. The results also demonstrate that recent revisions as represented in the 3rd edition of the guidelines have been set at a reasonable level to achieve compliance. Staff will continue to rely upon the ARUPLO Guidelines for planning purposes at each branch as needs arise. This includes further input into the appropriate size of facility to serve a community beyond minimum requirements. It should be noted that the guidelines are largely intended to gauge individual branch performance and do not encompass system -wide support functions such as inter -library loan or collection processing functions. Guidelines for these functions will hopefully be considered in the next revision. Furthermore, staff will continue to advocate for benchmarking data that includes all ARUPLO members so that performance can be assessed relative to other systems. Such an analysis has not been completed for several years and would be highly useful, not only in gauging peer performance, but also to identify aspects of the guidelines that may need further revision or refinement in the future. RECOMMENDATION: THAT the report titled "Library Guidelines Performance" from the Director of Community and Cultural Services dated September 27, 2018 be received and filed. All of which is Respectfully Submitted Approved for Submission Brian Masschaele Julie Gonyou Director of Community and Cultural Services Chief Administrative Officer ARUPLO GUIDELINES FOR RURAL/URBAN PUBLIC LIBRARY SYSTEMS AYLMER - LARGE BRANCH CATEGORY GUIDELINE REQUIREMENTS EXISTING MEETS GUIDELINES? CATCHMENT Generally serve catchment AREA/ areas of 10,000 to 35,000 14,800 Yes POPULATION population as determined by SERVED each system FACILITIES: 10,000 to 35,000 square 3,081 No feet HOURS OF 45 to 65 hours per week 48 Yes OPERATION PER WEEK: STAFFING 5 to 17.5 FTEs, including 5 FTEs, supervisor with Yes professional librarian as library science degree supervisor COLLECTIONS 24,000 to 50,000 items 31,906 items Yes TECHNOLOGY 12 public access work 7 work stations No stations + Wi-Fi (+ 2 Pads, 1 Chromebook, 2 laptops) + Wi-Fi DUTTON - MEDIUM BRANCH CATEGORY GUIDELINE REQUIREMENTS EXISTING MEETS GUIDELINES? CATCHMENT Generally serve catchment AREA/ areas of 5,000 to 10,000 5,000 Yes POPULATION population as determined by SERVED: each system 5,000 — 10,000 square feet 5,000 Yes FACILITIES: HOURS OF 25 to 45 hours per week 42 Yes OPERATION PER WEEK: STAFFING 2.5 to 5 FTEs, including 3.3 FTEs, supervisor Yes professional librarian or with library training library training as supervisor COLLECTIONS 12,000 to 24,000 items 30,212 items Yes TECHNOLOGY 5 public access work 7 work stations Yes stations + Wi-Fi (+ 1 Chromebook, 1 Pad, 2 laptops) + Wi-Fi PORT STANLEY - MEDIUM BRANCH CATEGORY GUIDELINE REQUIREMENTS EXISTING MEETS GUIDELINES? CATCHMENT Generally serve catchment AREA/ areas of 5,000 to 10,000 5,000 Yes POPULATION population as determined by SERVED: each system 5,000 — 10,000 square feet 4,640 Yes FACILITIES: HOURS OF 25 to 45 hours per week 39.5 Yes OPERATION PER WEEK: STAFFING 2.5 to 5 FTEs, including 2.5 FTEs, supervisor Yes professional librarian or with library training library training as supervisor COLLECTIONS 12,000 to 24,000 items 25,689 items Yes TECHNOLOGY 5 public access work 5 work stations Yes stations + Wi-Fi + Wi-Fi STRAFFORDVILLE - MEDIUM BRANCH CATEGORY GUIDELINE REQUIREMENTS EXISTING MEETS GUIDELINES? CATCHMENT Generally serve catchment AREA/ areas of 5,000 to 10,000 6,000 Yes POPULATION population as determined by SERVED: each system FACILITIES: 5,000 — 10,000 square feet 4,000 No HOURS OF 25 to 45 hours per week 40 Yes OPERATION PER WEEK: STAFFING 2.5 to 5 FTEs, including 2.25 FTEs, supervisor No professional librarian or with library training library training as supervisor COLLECTIONS 12,000 to 24,000 items 20,521 items Yes TECHNOLOGY 5 public access work 5 work stations Yes stations + Wi-Fi (+ 1 Chromebook, 3 Pads, 2 laptops) + Wi-Fi BELMONT - SMALL BRANCH CATEGORY GUIDELINE REQUIREMENTS EXISTING MEETS GUIDELINES? CATCHMENT Generally serve catchment AREA/ areas of up to 5,000 as 4,000 Yes POPULATION determined by each system SERVED: FACILITIES: 2,500 — 5,000 square feet 3,199 Yes HOURS OF 20 to 25 hours per week 30.5 Yes OPERATION PER WEEK: STAFFING 1 to 2.5 FTEs, supervisor 1.6 FTEs, supervisor Yes with library competency with library science degree COLLECTIONS 6,000 to 12,000 items 14,599 items Yes TECHNOLOGY 4 public access work 3 work stations No stations + Wi-Fi (+ 1 Chromebook, 3 Pads) + Wi-Fi PORT BURWELL - SMALL BRANCH CATEGORY GUIDELINE REQUIREMENTS EXISTING MEETS GUIDELINES? CATCHMENT Generally serve catchment AREA/ areas of up to 5,000 as 1,400 No (according to POPULATION determined by each system previous guidelines) SERVED: FACILITIES: 2,500 — 5,000 square feet 800 No HOURS OF 20 to 25 hours per week 16 No OPERATION PER WEEK: STAFFING 1 to 2.5 FTEs, supervisor 0.6 FTEs, supervisor No with library competency with library training COLLECTIONS 6,000 to 12,000 items 5,862 items No TECHNOLOGY 3 public access work 3 work stations Yes stations + Wi-Fi (+ 1 Chromebook, 1 Pad, 1 laptop) + Wi-Fi RODNEY - SMALL BRANCH CATEGORY GUIDELINE REQUIREMENTS EXISTING MEETS GUIDELINES? CATCHMENT Generally serve catchment AREA/ areas of up to 5,000 as 2,500 Yes POPULATION determined by each system SERVED: FACILITIES: 2,500 — 5,000 square feet 1,428 No HOURS OF 20 to 25 hours per week 21 Yes OPERATION PER WEEK: STAFFING 1 to 2.5 FTEs, supervisor 1.0 FTEs, supervisor Yes with library competency with library training COLLECTIONS 6,000 to 12,000 items 13,142 items Yes TECHNOLOGY 3 public access work 4 work stations Yes stations + Wi-Fi (+ 1 Chromebook, 1 Pad, 1 laptop) + Wi-Fi SOUTHWOLD TOWNSHIP LIBRARY, SHEDDEN - SMALL BRANCH CATEGORY GUIDELINE REQUIREMENTS EXISTING MEETS GUIDELINES? CATCHMENT Generally serve catchment AREA/ areas of up to 5,000 as 2,500 Yes POPULATION determined by each system SERVED: FACILITIES: 2,500 — 5,000 square feet 3,657 Yes HOURS OF 20 to 25 hours per week 21 Yes OPERATION PER WEEK: STAFFING 1 to 2.5 FTEs, supervisor 0.9 FTE, supervisor with Yes (within close range) with library competency library training COLLECTIONS 6,000 to 12,000 items 8,953 items Yes TECHNOLOGY 4 public access work 4 work stations Yes stations + Wi-Fi + Wi-Fi SPRINGFIELD - SMALL BRANCH CATEGORY GUIDELINE REQUIREMENTS EXISTING MEETS GUIDELINES? CATCHMENT Generally serve catchment AREA/ areas of up to 5,000 as 2,300 Yes POPULATION determined by each system SERVED: FACILITIES: 2,500 — 5,000 square feet 1,850 No HOURS OF 20 to 25 hours per week 23 Yes OPERATION PER WEEK: STAFFING 1 to 2.5 FTEs, supervisor 1.0 FTEs, supervisor Yes with library competency with library science degree COLLECTIONS 6,000 to 12,000 items 12,253 items Yes TECHNOLOGY 3 public access work 4 work stations Yes stations + Wi-Fi (+ 2 Pads) + Wi-Fi WEST LORNE - SMALL BRANCH CATEGORY GUIDELINE REQUIREMENTS EXISTING MEETS GUIDELINES? CATCHMENT Generally serve catchment AREA/ areas of up to 5,000 as 2,500 Yes POPULATION determined by each system SERVED: FACILITIES: 2,500 — 5,000 square feet 1,793 No HOURS OF 20 to 25 hours per week 21 Yes OPERATION PER WEEK: STAFFING 1 to 2.5 FTEs, supervisor 1.4 FTE, supervisor with Yes with library competency library training COLLECTIONS 6,000 to 12,000 items 12,381 items Yes TECHNOLOGY 3 public access work 5 work stations Yes stations + Wi-Fi (+ 1 Chromebook, 2 Pads, 2 laptops) + Wi-Fi E�, REPORT TO COUNTY COUNCIL FROM: Brian Masschaele, Director of Community and Cultural Services DATE: November 19, 2018 SUBJECT: 10 Year Capital Plan —Museum and Archives INTRODUCTION: This report provides background information to support inclusion of a 10 year capital plan for Elgin County Archives and Elgin County Museum in the County's overall 10 year capital plan. It is recommended that an annual amount of $40,000 be integrated into the County's 10 year capital plan for further consideration during 2019 budget deliberations. DISCUSSION: The Elgin County Archives opened in the Elgin County Administration Building in 2002. The Elgin County Museum opened in the building in 2006 and was most recently expanded to include the adjacent Elgin County Heritage Centre in 2018. Both institutions do have on-going capital needs to maintain facilities and equipment but a long-range capital plan has never been formally developed. In the past, any capital needs for both these institutions have been met through one-time project requests as part of Council's annual budget deliberations. Most often, these requests have been funded from the annual capital surplus. However, anticipating capital surpluses in any given year is not a stable approach to meeting on-going capital needs, especially when modifications to buildings, storage and equipment must be made on a regular basis. It is prudent that any operation with significant capital assets have a long-range capital plan in place to maintain and upgrade these assets as required. For instance, Elgin County Library has a 10 year capital plan in place for the purchase of materials, as well as a capital plan for annual facility and equipment upgrades. Such a plan does not exist for museum or archives. Staff are recommending that an annual amount of $40,000 plus inflation shared between museum and archives be integrated into the County's 10 year capital plan to support the following items: Storage space improvements. This includes extension of current climate -control systems into recently vacated storage spaces adjacent to archives and installation of shelving to expand storage capacity in these areas; Replacement and repair of specialized equipment such as microfilm scanners, audio-visual equipment, fire suppression & security systems, conservation lab equipment and digitization equipment; One-time replacement and upgrades to software systems, particularly the cost of any data migration that will be required within the next ten years. The databases for museum and archives are very large and complex and will require external assistance to migrate to future software platforms. Funds from this plan can be converted to a future operating project to support this work; Future improvements to the Elgin County Heritage Centre, including additional landscaping to better accommodate outdoor programming for children and interior modifications as required to meet the needs of future travelling exhibits; Replacement or repairs to sensitive HVAC systems that operate in archives, on the fourth floor of the Elgin County Administration Building and in the Elgin County Heritage Centre. The current capital budget for the Elgin County Administration Building may not be able to fully absorb the costs of these units so additional funding may be required as needed. CONCLUSION: It is prudent to develop a ten-year capital plan for museum and archives so that future improvements can be strategically planned utilizing stable funding within the confines of the overall County budget. If approved, the proposed capital plan would be funded by a 0.1 % increase in property taxes. RECOMMENDATION: THAT the recommendations in the report "10 Year Capital Plan — Museum and Archives" dated November 19, 2018 be referred to the 2019 capital budget review and 10 -year capital plan. All of which is Respectfully Submitted Brian Masschaele Director of Community and Cultural Services Jim Bundschuh Director of Financial Services Approved for Submission Julie Gonyou Chief Administrative Officer ry m urrn lef, I"�� REPORT TO COUNTY COUNCIL FROM: Michele Harris, Director of Homes and Seniors Services DATE: November 16, 2018 SUBJECT: Homes — Infection Prevention and Control 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 Infection Prevention and Control has been reviewed and revised. The revised manual includes revisions to the following policies and procedures: • 1.4 Role of the Public Health Unit — updated to reflect name change to Southwestern Public Health Unit • 2.4 Immunization —Residents (Influenza, Pneumovax, Antiviral) — updated to include reference to medical directive (form 2.4a); and consent (form 2.4b) • 2.4b New consent form - Immunization — Influenza Vaccine, Pneumococcal Vaccine and Antiviral Therapy Consent Form - Residents • 2.7 Storage & Handling of Publicly Funded Vaccines — updated to reflect name change to Southwestern Public Health Unit • 2.8b Ministry of Labour — Written Notification of Employee Illness During Outbreak — Delete (duplicate) • 3.2 TB Screening — Staff, Students, Volunteers External Care Team Providers — updated reference and minor wording change • 3.4 Reports of Communicable Disease - updated to reflect name change to Southwestern Public Health Unit; and minor wording updates • 4.16 Guidelines for the management of Tuberculosis — updated definition of volunteer/criteria for TB testing; and updated reference • 4.35 Shingles —minor wording updates • 5.1 Outbreak Contingency Plan — minor wording updates • 5.3 Outbreak Management — General - updated to reflect name change to Southwestern Public Health Unit; and minor wording updates • 5.4 Outbreak Management — Roles and Responsibilities - updated to reflect name change to Southwestern Public Health Unit • 5.6 Enteric — Outbreak Protocol (Contingency Plan) — Residents and Staff — updated name change from CCAC to LHIN The County of Elgin Homes Management team has reviewed and approved the revisions which align with the LTCHA, 2007 and Regulations, best practices for infection and prevention and control; and improve resident and staff safety and service delivery. The policy manual in its entirety and the noted policy revisions may be reviewed through the County Website http://www.elgincounty.ca/homes®seniors-sen✓ices/eMp vee®portal/ RECOMMENDATIONS: THAT Council approve the County of Elgin Homes and Seniors Services Infection Prevention and Control Policy Manual review and revisions for 2018; and, THAT the report titled "Homes —Infection Prevention and Control Policy and Procedure Manual Review and Revisions" from the Director of Homes and Seniors Services, dated November 16, 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 ,,urrr m/1 N REPORT TO COUNTY COUNCIL FROM: Michele Harris, Director of Homes and Seniors Services DATE: November 12, 2018 SUBJECT: Homes — YWCA Pool Agreement Renewal INTRODUCTION: The Terrace Lodge pool has been utilized by the St. Thomas -Elgin YWCA for community supervised aquatic programs for many years. The current pool rental agreement between Corporation of County of Elgin (Terrace Lodge) and YWCA St. Thomas -Elgin expires December 31, 2018. DISCUSSION: The County solicitor and purchasing coordinator reviewed the current agreement, release and waiver; and, insurance documents and provided recommendations for change. Additionally, staff is recommending a one (1) year renewal agreement based on simultaneous work being done to outline options for Terrace Lodge redevelopment/rebuild. A recommendation for an increase of three (3) % to the annual fees paid by YWCA for the period of this agreement was successfully negotiated. Negotiations with YWCA St. Thomas -Elgin were successful in securing the recommendations for change. CONCLUSION: Staff is recommending a one (1) year renewal agreement with changes as recommended by the County solicitor and purchasing coordinator with YWCA St. Thomas -Elgin for the period of January 1, 2019 to December 31, 2019; and, a three (3) % increase to the annual fees paid. RECOMMENDATIONS: THAT Council authorize staff to sign the one (1) year agreement with YWCA St. Thomas - Elgin for the use of the Terrace Lodge pool; and, the 3 % increase to the annual fees; and, THAT the report entitled "Homes — YWCA Pool Agreement Renewal' 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 This Agreement made in quadruplicate this day of 12018 BETWEEN: AND CORPORATION OF THE COUNTY OF ELGIN (Hereinafter referred to as "Elgin") YWCA OF ST. THOMAS -ELGIN (Hereinafter referred to as "YWCA") OF THE FIRST PART OF THE SECOND PART WHEREAS Elgin is the owner of certain lands and premises known as Terrace Lodge at 49462 Talbot Line, Aylmer, Ontario, which premises include a swimming pool and related equipment and facilities; AND WHEREAS YWCA wishes to arrange for use of such swimming pool on various days and at various times for purposes of conducting supervised Aquatic Programs to the public at large; AND WHEREAS Elgin and YWCA have agreed upon the terms and conditions under which YWCA shall have use of the said swimming pool and related equipment and facilities for the said purpose and now wish to reduce such terms and conditions to writing; NOW THEREFORE, in consideration of payment of the sum of ONE DOLLAR ($1.00) now paid by each Party to the other and the promises and covenants hereinafter set forth, the sufficiency and receipt of which consideration is hereby acknowledged, Elgin and YWCA hereby agree as follows: 1.0 General 1.1 Subject to the terms and conditions set forth below, YWCA shall be granted use of the swimming pool at Terrace Lodge for purposes of conducting supervised Aquatic Programs to the public at large. 1.2 In conjunction with the use of the swimming pool as provided for herein, YWCA, including its staff and representatives and further including the persons participating in the Aquatic Programs anticipated herein, shall be permitted access to and use of equipment and facilities related to the said swimming pool, including but not limited to change room facilities. 2.0 Term 2.1 The within agreement shall commence on the 1st day of January, 2019 and shall end on the 31St day of December, 2019. 3.0 Dates/Terms of Use 3.1 YWCA, including its staff and representatives and further including the persons participating in the Aquatic Programs contemplated herein, shall have access to and use of the swimming pool and related equipment and facilities as required operating such programs in reasonable fashion in accordance with a Schedule approved by Elgin prior to commencement of any particular program session. In this regard, YWCA further agrees to submit to Elgin a proposed Schedule for access to and use of the swimming pool and related equipment for such Aquatic Programs at least thirty (30) days prior to the commencement of such program session, which proposed Schedule Elgin shall promptly review and consider and, if acceptable, approve. 3.2 Notwithstanding the foregoing, YWCA agrees that, as part of the overall Aquatic Programs utilizing the swimming pool and related equipment, but subject to the availability of a qualified instructor and sufficient registered participants, it shall offer a community Aquasize Program a minimum of three mornings per week during any particular session, which program shall be at no cost to Elgin; provided that, at all times, YWCA shall use its best efforts to obtain the services of a qualified instructor and maximum registered participants in all elements of its Aquatic Programs, including but not limited to the community Aquasize Program referred to above. 3.3 In the event that circumstances require cancellation of any scheduled use of the swimming pool and related equipment and facilities at the instance of either party, such party shall notify the other in writing as soon as possible and prior to the date of such scheduled use and such resulting cancellation shall be without recourse, claim or charge at the instance of either party. 4.0 Payment to Elgin 4.1 In consideration of the use of the swimming pool and related equipment and facilities as provided for herein, YWCA shall pay to Elgin a fee of TWO THOUSAND THREE HUNDRED DOLLARS ($2,300.00), exclusive of taxes. 4.2 On or before December 15, 2018, Elgin shall prepare and deliver to YWCA an invoice in the sum of $2,300.00, plus applicable taxes, as contemplated by section 4.1 above. 4.3 On or before January 15, 2019, YWCA shall pay to Elgin the amount of $2,300.00, plus applicable taxes, in satisfaction of the commitment set forth in section 4.1 above and in payment of the invoice contemplated in section 4.2 above. 5.0 Responsibilities of YWCA 5.1 During the term of this agreement, YWCA shall: 5.1.1 Arrange for and conduct all Aquatic Programs in a safe and prudent manner, in accordance with established operating standards, including but not limited to standards and procedures established by the Canadian Red Cross; 5.1.2 Ensure that the Aquatic Programs contemplated by this agreement shall be conducted under the supervision of a sufficient number of qualified swimming instructors; 5.1.3 Take all reasonable steps to ensure the safety of persons participating in the Aquatic Programs contemplated by this agreement; 5.1.4 Take all reasonable steps to ensure that the swimming pool and related equipment facilities will not suffer damage through the course of Aquatic Programs contemplated by this agreement; 5.1.5 Be responsible for any and all damage caused or attributed to the negligence or omission of YWCA, including its staff, representatives, and instructors and further including the persons participating in the Aquatic Programs contemplated by this Agreement, and the cost of repair of such damage; provided that the YWCA shall not be responsible for damage attributed to normal wear and tear of the said swimming pool and related equipment and facilities and/or negligence or omission attributable to or committed by Elgin, including its employees, servants, agents, or contractors; 5.1.6 Take all reasonable steps required to ensure that its staff, representatives, and instructors and any persons participating in the Aquatic Programs contemplated by this agreement shall comply with and abide by any and all police, fire, and sanitary regulations imposed by any federal, provincial, or municipal authority, particularly in relation to use of municipal facilities; 5.1.7 At its sole expense, obtain and keep in force during the term of this Agreement a general liability insurance policy satisfactory to Elgin and underwritten by an Insurer licensed to conduct business in the Province of Ontario. The policy shall provide coverage for Bodily Injury, Death, Property Damage, and Personal Injury and shall include but not be limited to: (a) A limit of not less than FIVE MILLION DOLLARS ($5,000,000.00) per occurrence; (b) Add Elgin as an additional insured with respect to the operations of the YWCA as Named Insured; (c) The policy shall contain a provision for cross liability and severability of interest in respect of YWCA as Named Insured; (d) Non -owned automobile coverage with a limit of not less than TWO MILLION DOLLARS ($2,000,000.00) and shall include contractual non -owned coverage (SEF 96); (e) Products and completed operations coverage; (f) Broad Form Property Damage; (g) Contractual Liability; (h) Owners and Contractors Protection; (i) Hostile Fire; (j) Physical / emotional / psychological abuse and, without limiting the generality of the foregoing, specifically related to child participants in programs contemplated by this Agreement. (k) The policy shall provide 30 days prior notice of cancellation. 5.1.8 Obtain from each participant in the supervised Aquatic Programs contemplated by this agreement, a written acknowledgement and release, signed by the participant or his or her parent or responsible adult and in a form acceptable to Elgin and its solicitor, and, 5.1.8.1 acknowledging that the said person participates in the Aquatic Programs voluntarily and assumes any and all risks associated with such participation, including injury and death; 5.1.8.2 acknowledging that the said person shall comply with the directions of the swimming and Aquafit instructors, including but not limited to those matters relating to police, fire, and sanitary regulations imposed by any federal, provincial, or municipal authority, particularly in relation to use of municipal facilities; 5.1.8.3 releasing Elgin from any claims, damages, suits, actions, and causes of action, including but not limited to injury or death suffered while on the lands and premises owned by Elgin for purposes of participation within the Aquatic Programs contemplated by this agreement A copy of which acknowledgement and release will be provided by YWCA to Elgin prior to the first date upon which such person attends at the lands and premises of Elgin at Terrace Lodge for purposes of participating in those Aquatic Programs contemplated by this agreement. 6.0 Responsibilities of Elgin 6.1 During the term of this agreement, Elgin shall 6.1.1 clean and maintain the swimming pool and related equipment facilities in a sanitary condition suitable for safe use by persons participating in Aquatic Programs; 6.1.2 test the water within the subject swimming pool on a regular basis and adjust chemical requirements with the results of such tests; 7.0 Termination 7.1 In the event that either party is in default of any term of this Agreement or obligation created thereby, which default continues for at least fifteen (15) days after written notification of same to the defaulting party, the non - defaulting party shall have the right to terminate this Agreement upon a further thirty (30) days written notice to the defaulting party, which right shall be exercised without recourse by or remedy to the defaulting party. 7.2 Notwithstanding that set forth in Section 7.1 above, Elgin at all times shall have the absolute and unfettered discretion to terminate this Agreement, without default on the part of YWCA, upon ninety (90) days written notice to YWCA, which right of termination is exercisable without recourse or default. 8.0 Release/Indemnification 8.1 YWCA shall defend, indemnify, and save harmless Elgin, 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, including but not limited to bodily injury, sickness, disease or death or to damage to or destruction of tangible property including loss of revenue or incurred expense resulting from disruption of service, arising out of or allegedly attributable to the negligence, acts, errors, omissions, misfeasance, nonfeasance, fraud or willful misconduct of YWCA, its directors, officers, employees, agents, contractors and subcontractors, or any of them, in connection with or in any way related to the Aquatic Programs authorized or otherwise contemplated by this Agreement. This indemnity shall be in addition to and not in lieu of any insurance to be provided by YWCA in accordance with the terms of this Agreement and shall survive this Agreement. YWCA agrees to defend, indemnify, and save harmless Elgin 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 or related to the status of YWCA with WSIB. This indemnity shall be in addition to and not in lieu of any proof of WSIB status and compliance to be provided by YWCA in accordance with this Agreement and shall survive this Agreement. 9.0 Miscellaneous 9.1 The parties hereto agree that any amendment to this agreement shall be in writing, executed by authorized officers and/or representatives of each of the parties to this agreement, in the form of an amending agreement. 9.2 Any notice or written communication between the parties to this agreement shall be delivered or sent by prepaid mail addressed to the parties at the following addresses: For the Corporation of the County of Elgin Terrace Lodge Home for the Aged 49462 Talbot Line Aylmer, Ontario N5H 3A5 Attention: Director of Homes and Seniors Services For the YWCA of St. Thomas -Elgin St. Thomas YWCA 16 Mary Street St. Thomas Ontario N5R 2V8 Attention: Marla Champion, Executive Director 9.3 The parties agree to do or cause to be done all acts and things necessary to implement and carry into effect this agreement to its full extent. 9.4 This agreement shall enure to the benefit and be binding upon the parties and their respective successors and permitted assigns. 9.5 In this agreement, words importing the singular include the plural and visa versa and words importing gender include all genders. 9.6 The insertion of headings and a division of this agreement into sections are for convenience of reference only and shall not effect the interpretation thereof. 9.7 This agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements, understanding, negotiations, and discussions with respect to the subject matter hereof, whether oral or written. No supplement, modification, or waiver of this agreement shall be binding unless executed in writing by both parties. 9.8 The invalidity or unenforceability of any provision of this agreement or any covenant herein contained shall not affect the validity or enforceability of any other provision or covenant hereof or herein contained. Any such invalid provision or covenant shall be deemed to be severable. 9.9 This agreement shall be construed in accordance with the laws of the Province of Ontario. The parties agree to attorn to the jurisdiction of the appropriate Courts of the Province of Ontario. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed by their respective authorized officers and/or representatives as of the date first written above. SIGNED, SEALED & DELIVERED in the presence of CORPORATION OF THE COUNTY OF ELGIN Per: Name: David Marr Position: Warden Per: Name: Julie Gonyou Position: Chief Administrative Officer We have the authority to bind the Corporation YWCA of St. Thomas -Elgin Per: Name: Marla Champion Position: Executive Director I have authority to bind the YWCA of St. Thomas -Elgin Date: , 2018 CORPORATION OF THE COUNTY OF ELGIN and YWCA OF ST. THOMAS -ELGIN Lease Agreement Stephen H. Gibson 450 Sunset Drive St. Thomas, ON N5R 5V1 County Solicitor RELEASE AND WAIVER TO: Corporation of the County of Elgin FROM: (name) DATE: (date of signature) LOCATION / ACTIVITY: YWCA Aquatic Program — Terrace Lodge 1. Without condition, the undersigned states that he / she understands fully and voluntarily accepts all risks associated with participation in any aspect or activity incorporated in the YWCA Aquatic Programs held at Terrace Lodge in the Municipality of Malahide in the County of Elgin, including not only all risks associated with my personal participation but also all risks associated with the participation of any person under the age of 18 years for whom I will be responsible during his or her participation in any such Program and for whom I have executed this document. 2. Without limiting the generality of the foregoing, the undersigned acknowledges that the afore -noted statement of acceptance of risk and the waiver and release provisions set forth above apply to any and all classes, activities and programs arranged for and held within swimming pool facilities, at Terrace Lodge, including but not limited to youth swimming lessons and supervised aquafit classes for adults. 3. The undersigned acknowledges that Terrace Lodge and the swimming pool facilities located therein are owned by the Corporation of the County of Elgin. 4. The undersigned further acknowledges that, from time to time, aspects of the classes, activities, and/or programs in which I or the person for whom I am responsible may exceed my or his or her then current skills. In this regard, therefore, I acknowledge and understand that any and all aspects of any such class, activity, and/or program are optional and that it is my responsibility alone, on my own behalf and on behalf of any person for whom I am responsible, to decide whether to undertake any such specific activity. 5. The undersigned agrees that he or she and any person for whom he or she is responsible shall abide by and comply with all rules and regulations set forth by YWCA and Corporation of the County of Elgin / Terrace Lodge during any class, activity and/or program attended, including but not limited to rules and regulations for both such class, activity, and/or program as well as for the swimming pool and related facilities. 6. The undersigned acknowledges that he or she and any person for whom he or she is responsible is in proper physical condition to participate in the class, activity, and/or program to be completed. 7. The undersigned acknowledges and understands that the classes, activities, and/or programs held at Terrace Lodge are planned, arranged, conducted, held, and supervised by YWCA and shall incorporate safety standards and guidelines outlined by the Canadian Red Cross Society and Canadian Aquafit Leaders Alliance. In consideration of the above acknowledgements and agreements, permission to participate in the chosen class, activity, and/or program, and execution of this Release and Waiver form, myself and any other person under the age of 18 years as identified below and for whom I accept responsibility in relation to his or her participation in such class, activity, and/or program, which consideration is acknowledged as sufficient and received, the undersigned, for myself or for any such person for whom I am responsible, including for my and our heirs, executors, administrators, successors, and assigns, hereby release, waive, and forever discharge the Corporation of the County of Elgin and YWCA of St. Thomas -Elgin, including, as applicable, its Warden, Councillors, and elected and/or appointed officials and further including any employee, agent, or servant, and/or sponsoring companies, corporations, or entities or heirs, executors, administrators, successors, and assigns, of and from all claims, demands, damages, costs, expenses, actions, and causes of action, whether in law or in equity, in respect of death, injury, loss, or damage to my, or his or her, person or property, howsoever caused, arising or to arise by reason of participation in any class, activity and/or program as associated with or part of the YWCA Aquatic Programs held at Terrace Lodge and notwithstanding that same may have been contributed to or caused or occasioned by the negligence of the said Corporation of the County of Elgin and/or YWCA of St. Thomas -Elgin or either one thereof. Participant / Guardian Signature Participant Name Date Participant / Guardian Signature Participant Name Date Participant / Guardian Signature Participant Name Date „urrr m/1 N REPORT TO COUNTY COUNCIL FROM: Michele Harris, Director of Homes and Seniors Services DATE: November 20, 2018 SUBJECT: Homes — Laboratory Service Agreements INTRODUCTION: Long-term care homes (LTCH) contract with licensed labs to ensure the collection and transportation of specimens for the purposes of diagnostic testing; and timely access to resident specific laboratory results. DISCUSSION: Life Labs has been the long-standing laboratory service provider for Elgin County Homes. Laboratory fees are reimbursed by the Ministry of Health and Long -Term Care (MOHLTC) and only under unusual circumstances, i.e. additional specimen collection requested by the physician, are there additional fees associated with collection and pick-up. As a result of staff negotiations with Life Labs, they have proposed a three year term contract and no increase in fees. Additionally, Life Labs provides "Launchpad” service which allows authorized physicians and health care providers (registered staff) to access and retrieve personal health information through the residents electronic health record (EHR). Access to Launchpad supports timely retrieval of residents individual laboratory results and follow up with physicians for the implementation of resident specific interventions. CONCLUSION: Staff is recommending a three (3) year renewal agreement with Life Labs for the period of 2018 — 2021 for Elgin County Homes (subject to approval by the County solicitor); and, signing of the (EHR) practice agreement for Launchpad. RECOMMENDATION: THAT Council authorize staff to sign the three (3) year agreement with Life Labs for the provision of laboratory services to residents of Elgin County Homes (subject to approval by the County solicitor); and, the EHR practice agreement for Launchpad; and, THAT the report entitled "Homes — Laboratory Service Agreements" 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 Jf e La bs), Electronic Health Records Practice Agreement for Launchpad This agreement made this _ day of , 20_, (the "Effective Date") BETWEEN: AND: LifeLabs LP ("LifeLabs") [Physician's First and Last Name, or Clinic] ("You") For group form submission, please, also refer to Schedule A. Once complete, please scan and email to ITServicedes ifela s®2c or fax to (905) 829 7200 Physician's OHIP Billing #: Physician's Address of Practice: Unit No Street No Street Name City Province Postal Code Physician's Telephone #: Physician's Fax #: Physician's Email Address: Version 1.1 November 29, 2017 1 LifeLabs provides Launchpad, which allows authorized physicians and health care providers to access and retrieve personal health information. All access to and use of LifeLabs' electronic health records through this service (the "EHR Services") is subject to the terms and conditions contained in this Electronic Health Records Practice Agreement (this "Agreement"). 1 DEFINITIONS, INTERPRETATION AND OBLIGATIONS 1.1 The words "agent", "health care", "health care practitioner", "health information custodian" and "personal health information" have the meanings ascribed to such terms in the Personal Health Information Protection Act, 2004, S.O. 2004, c. 3, Schedule A (PHIPA). 1.2 Unless otherwise defined, capitalized words have the following meanings: "Applicable Laws" means any laws applicable in the Province of Ontario to the EHR Services or to you, including PHIPA and any guidelines of any college governed by the Regulated Health Professions Act, 1991, S.O. 1991, c. 18 that is applicable in the circumstances; "Computer Application" means any software program that is approved by LifeLabs and is used by you to enable your access to and use of the EHR Services; "EHR Information" means any personal health information, personal information or other confidential information relating to individuals made available by LifeLabs through the EHR Services, but excludes information that has become part of the records of a health care provider within or associated with the Practice; and 1.3 EHR Services. LifeLabs is making available to health care practitioners a suite of services that provide access to certain EHRs maintained by LifeLabs. The EHR Services are comprised of applications, systems, registries, databases and/or files, together with the portal applications, tools and services that provide secure user access. 1.4 Practice Obligations for Access to EHR Services. You and your agents agree: (a) to comply with all Applicable Laws including those pertaining to the protection and confidentiality of personal health information; (b) to be solely responsible for arranging access to and use of a Computer Application, including any costs of maintaining your access to and use of such Computer Application; (c) to take full responsibility for the actions of your staff that you authorize to be provided access to the EHR Services. Further, to inform LifeLabs of all staff changes that require adjustments to Launchpad accounts, in particular: a) 10 business days' notice to create new accounts; or b) 24 hours' notice to deactivate accounts for users who no longer require access; by sending an email to: ITServiceDesk@lifelabs.com with the changes. (d) to ensure user information is complete and accurate in your Computer Application for EHR Services including the regulatory college number under which access is made and to revoke access to the EHR Services when access is no longer authorized or required; (e) to follow the procedures requested of you by LifeLabs, specifically to communicate to LifeLabs: (i) any changes in your key staff; (ii) when overriding a consent directive; (iii) privacy complaints and enquiries; (iv) privacy or security breaches and (v) correction and access requests; (f) to maintain policies and procedures required to ensure compliance with this Agreement; (g) to access EHR Information only as necessary for the purpose of providing health care to individuals in your care or providing services which will facilitate, support or assist in the provision of health care to those individuals; (h) to only use the authentication credentials issued to access the EHR Services, not disclose the authentication credentials to any third party, and take all reasonable steps to protect the confidentiality of the authentication credentials, such as logging out after each session; (i) to not intentionally insert into any part or component of the systems operated by LifeLabs any virus, disabling device or code; (j) to co-operate with any reasonable reporting, evaluation, audit or monitoring program required by LifeLabs with respect to the EHR Services or the EHR Information; (k) if you suspect that the security of any authentication credentials has been compromised, or if it is Version 1.1 November 29, 2017 2 known or suspected that there has been unauthorized access to or collection, use, disclosure, copying, modification or disposal of EHR Information or that EHR Information has been stolen or lost, to immediately notify LifeLabs in accordance with section 2.3, provide such information as required, and co-operate with and provide all such assistance as LifeLabs may request in connection with any such occurrence; and (1) to update any computer settings or programs in a timely manner when requested to do so by LifeLabs. In particular, you agree to: 1. Use a currently supported browser e.g.: • Windows - Microsoft Internet Explorer, Google Chrome, and Mozilla Firefox • Apple - Safari 2. Keep software updated to supported versions, 3. Maintain systems and software free of malware, viruses, etc. 4. Secure any data stored on the systems and computers, and 5. Use reasonable practices for technical, procedural and physical security. 1.5 Suspension of EHR Services. LifeLabs may suspend access to and use of the EHR Services: (a) with notice to you if you or any of your agents are not in compliance with any provisions of this Agreement and such non-compliance has not been cured within thirty days of your receipt of written notice; or (b) immediately if LifeLabs has reasonable grounds to believe there has been unauthorized access to the EHR Services through your interface, provided that LifeLabs will promptly investigate such event and will use all reasonable efforts to reinstate your access to and use of the EHR Services as soon as possible. 1.6 Termination of EHR Services. (a) You may terminate this Agreement upon thirty days' written notice to LifeLabs. (b) LifeLabs may terminate this Agreement and your access to and use of the EHR Services upon thirty days' notice to you, except in the event of a material breach to this Agreement, in which case LifeLabs may terminate access immediately. 2. DISCLAIMER, LIABILITY AND GENERAL 2.1. Disclaimer. LifeLabs strives to provide a high-quality service but does not guarantee or warrant that the EHR Services will operate at all times on an error -free basis or without interruption from time to time. LifeLabs reserves the right to make changes to Launchpad replace it with a similar application or discontinue it. LifeLabs will strive to minimize disruption in service and will notify users of any changes with a minimum one-week to three months (3) advance notice. Change notifications will be posted on the Launchpad login page. 2.2 Liability. LifeLabs assumes no liability for any diagnostic, treatment, health care or other decision or action taken by any person using the EHR Information or the EHR Services. In no event will LifeLabs, or its directors, officers, employees, or staff be held liable for any losses, expenses, costs, damages or liabilities or any causes of action, actions, claims, demands, lawsuits, inquiries, investigations or other proceedings in any way based upon, occasioned by, attributable to, or arising out of access to the EHR Services and/or use of the EHR Information, whether such claim arises in contract, tort (including negligence) or otherwise, even if it has been advised of the possibility of such damages in advance; provided that, such losses, expenses, costs, damages or liabilities are not caused by the negligence of LifeLabs. 2.3 Notices. You should give any notices for LifeLabs in connection with this Agreement to: LifeLabs IT Service Desk email: l e ice es li e a .c or fax to (905)-829-7200. Any notices from LifeLabs to you may be given by: (i) the LifeLabs Service Desk, which notices will be deemed to be given when communicated; (ii) posting the notice on the EHR Services portal, which notices will be deemed to be given when posted; and/or (iii) forwarding it to you by email, postal mail, or courier as noted at the address on the first page of this Agreement or maintained on file for you by LifeLabs. Version 1.1 November 29, 2017 3 By signing, you understand and agree to be bound by the terms of this Agreement. [PHYSICIAN'S or CLINIC LEGAL NAME] Per: Name: Title: Signature: Version 1.1 November 29, 2017 4 Schedule A Group Practice Provider and User Account Setup Form (For Hospitals, Clinics, Care Homes, etc.) Use this form to provision Launchpad accounts for authorized personnel for each location GROUP PRACTICE INFORMATION Group Practice Name Health Care Providers First and Last Name Group Practice Type Launchpad User ID Request (check ifYfSj Address City ❑ Province Postal Code ❑ Group Practice Phone Number Authorized Account Manager Name ❑ Authorized Account Manager E-mail Authorized Account Manager Signature ❑ List of Health Care Providers at Location Health Care Providers who receive reports at the above stated location Version 1.1 November 29, 2017 5 Health Care Providers First and Last Name OHIP Billing # or Lifelabs Contract # Launchpad User ID Request (check ifYfSj 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 ❑ 6 ❑ 7 ❑ 8 ❑ 9 ❑ 10 ❑ 11 El 12 El Version 1.1 November 29, 2017 5 Authorized Delegates Information Please indicate the names of Delegates that are authorized to access Launchpad on behalf of the previously listed Health Care Providers at this Practice/Facility location. Use multiple pages as required to list additional Authorized Delegates. Note: Each authorized user will be setup with a Launchpad User ID Authorized Delegate First and Last Name 1 21 2 22 3 23 4 24 5 25 6 26 7 27 8 28 9 29 10 30 11 31 12 32 13 33 14 34 15 35 16 36 17 37 18 38 19 39 20 40 Special Instructions: Please provide any unique delivery considerations for your providers or authorized delegates not detailed above Version 1.1 November 29, 2017 6 ry m urrn lef, I"I REPORT TO COUNTY COUNCIL FROM: Julie Gonyou, Chief Administrative Officer/Clerk DATE: October 28, 2018 SUBJECT: Emergency Management Program Committee Terms of Reference BACKGROUND: The Emergency Management and Civil Protection Act (EMCPA) requires every municipality to form a committee responsible for overseeing the annual emergency management program. The Province sees the Emergency Management Program Committee as a critical management team that oversees the development, implementation and maintenance of a municipality's emergency management program; and ensures that the program responds to changes in the community (e.g., new construction, installation, transportation changes, environmental conditions, etc.). The purpose of this report is to review the Terms of Reference for the Emergency Management Program Committee and to enact an updated by-law appointing members of this committee as well as the Emergency Control Group. The County of Elgin's Emergency Management Program has been developed in compliance with the EMCPA and Ontario Regulations. A municipal Emergency Management program must include- - The development, implementation and review of an Emergency Management plan; - A Program Committee; - An Emergency Control Group - Considerations to public education; and - A yearly review of the Program and Plan, Critical Infrastructure, and Hazard Identification and Risk Assessment results. - The Provincial government requires us to submit our program and plans annually to ensure compliance. PLAN: The Emergency Management Plan, as directed through the EMCPA, must be reviewed every year. Our plan must also be exercised on a yearly basis. Our intent is to stay current, proactive and to adopt the best practices in emergency management. The Community Emergency Management Program Committee ensures that annual training takes place for the Municipal Control Group Members. They also ensure that the completion of the annual compliance items for Emergency Management Ontario requirements take place. The Committee serves a term coinciding with the term of Council. BY-LAW: One of the requirements under the Provincial legislation is for each municipality to have a by-law that authorizes its emergency management program and emergency response plan. This by-law must appoint the Emergency Program Committee and the Emergency Control Group. Elgin's by-law will be included in the front of the Emergency Response Plan. By-law 18-37 will repeal the existing Emergency Management Program By-law 04-26 and replace it with an updated by-law reflective of current legislation and appointing the Program Committee and Control Group. In the event of an emergency, the County of Elgin has an Emergency Response Plan in place and trained emergency response teams prepared to take action 24 hours per day, 365 days per year. In the case of a disaster, we are prepared and we will respond as a unified team to deal with the situation. The Elgin Emergency Response Plan (EERP) outlines the roles and responsibilities of essential personnel to ensure that essential services are provided to the community throughout the emergency. It also outlines how the County coordinates with community agencies such as hospitals, schools, Health Unit and utilities. PROGRAM COORDINATION: Responsibility for implementing and maintaining Elgin's Emergency Management Program rests with the County's Chief Administrative Officer who works with a contract Community Emergency Management Coordinator (CEMC). We work closely with our partner agencies and organizations to ensure our program is comprehensive and promotes interagency collaboration. Emergency Management Program Committee: Elgin has a multi -agency committee to help facilities its Community Emergency Management Program with representatives from: • County Emergency Management Coordinator (CEMC) • Chief Administrative Officer • Director of Financial Services • Director of Human Resources • Director of Homes and Seniors Services • Director of Engineering Services • Director of Community and Cultural Services • General Manager of Economic Development • Legislative Services Coordinator (Emergency Information Officer) The Community Emergency Management Program Committee (CEMPC)'s mandate is to oversee and direct the implementation of emergency management standards. CONCLUSION: The Emergency Management and Civil Protection Act (EMCPA) requires every municipality to form an Emergency Management Program Committee as a critical management team that oversees the development, implementation and maintenance of a municipality's emergency management program. This committee must be appointed by Council in an official by-law. The purpose of this report is for Council to approve the Terms of Reference for the Emergency Management Program Committee (EMPC) and to enact an updated by-law reflecting current legislation and appointing the membership of this Program Committee as well as the Emergency Control Group. RECOMMENDATIONS: THAT Elgin County Council approve the Terms of Reference for the Elgin County Emergency Management Program Committee, as attached; and; THAT By -Law 04-26 be repealed and any other By -Laws that are inconsistent with the "Emergency Management Program By-law"; and; THAT the "Emergency Management Program By-law" as presented be approved and By -Law 18-37 be enacted. All of which is Respectfully Submitted Julie Gonyou Chief Administrative Officer/Clerk Emergency Management Program Committee Terms of Reference Updated October 2018 Background Under the Emergency Management and Civil Protection Act (EMPCA), all municipalities must have an emergency management program. Municipalities are required to have a Community Emergency Management Program Committee (CEMPC). The EMCPA outlines the responsibilities that a municipality must follow and implement. Policy The Emergency Management and Civil Protection Act (R.S.O. 1990), Section 9 (d): Establish committees and designate employees to be responsible for reviewing the emergency plan, training employees in their functions and implementing the emergency plan during an emergency. Regulation (380/04, Section 11) further defines the committee and mandates that: 1. Every municipality shall have an Emergency Management Program Committee 2. The Committee shall be composed of: a) The municipality's emergency management program coordinator; b) A senior municipal official appointed by council; c) Such members of the council as may be appointed by council; d) Such municipal employees who are responsible for emergency management functions, as may be appointed by council; e) Such other personas as may be appointed by council. 3. The persons appointed under clause (2) may only be: a) Officials or employees of any level of government who are involved in emergency management; b) Representative of organizations outside government who are involved in emergency management; or c) Persons representing industries that may be involved in emergency management. 4. The council shall appoint one of the members of the committee to be the chair of the committee. 5. The committee shall advise council on the development and implementation of the municipality's emergency management program and shall make recommendations to the council for its revision if necessary. Program Committee Mandate/Objectives The committee oversees the development, implementation and maintenance of the emergency management program in accordance with Regulation 380/04 to ensure the safety and well-being of citizens. Objectives 1. Monitor and ensure program activities are delivered in accordance with the Act and Regulations 2. Support the program in responding and adapting to current and emerging risks that could impact the community. 3. Share expertise and knowledge to promote emergency preparedness and public safety. 4. Review and make recommendations on the County's Emergency Response Plans. 5. Review and make recommendations on program initiatives. 6. Review after action reports for exercises and emergency responses and make recommendations on emergency management enhancements and corrective actions based on lessons learned. 7. Review and make recommendations on the County's business continuity planning initiatives. 8. Conduct an annual emergency management program review to verify that the program is operating in compliance with the Act and Regulations; and 9. Make recommendations to County Council. Term The Emergency Management Program Committee shall submit its findings and recommendations annually to County Council as determined by the Chair. Members are appointed at each new term of Council. Membership The membership of the Emergency Management Program Committee shall be comprised of: • County Emergency Management Coordinator (CEMC) (Chair) • Chief Administrative Officer • Director of Financial Services • Director of Human Resources • Director of Homes and Seniors Services • Director of Engineering Services • Director of Community and Cultural Services • General Manager of Economic Development • Legislative Services Coordinator (Emergency Information Officer) Meeting Procedures The proceedings of the Emergency Management Program Committee are to be governed by the County's Procedural By -Law. Agendas and Reporting Agendas shall be prepared by the Chief Administrative Officer and Community Emergency Management Coordinator in consultation with the Chair. Agendas shall be issued to the committee members in advance of the scheduled date of meeting. The committee Chair shall submit a report to County Council when recommendations are made that require Council approval. Meetings The group will meet quarterly and may schedule additional meetings as determined by the Chair. Meetings are to be open to the public in accordance with the Municipal Act, 2001. Meetings shall be closed to the public where information discussed meets the criteria stated in the Emergency Management and Civil Protection Act, 1990 Section 2.1 (3-8). The majority of members, including the Chair, shall constitute quorum. Staff Resources The CAO/Clerk is responsible for agenda production and distribution, procedural advice, and the recording of the proceedings of the Emergency Management Program Committee. The committee is comprised of staff from the County and external agencies as required. Authority The Emergency Management Program Committee possess the legislated accountability to annual review the County's emergency management program to verify compliance with the Act and Regulations, and to make recommendations for program changes or enhancements to the Council. r�y m urrn lef, I"I REPORT TO COUNTY COUNCIL FROM: Julie Gonyou, Chief Administrative Officer Alan Smith, General Manager of Economic Development Katherine Thompson, Marketing and Communications Coordinator DATE: November 13, 2018 SUBJECT: Transportation Funding from Southwestern Public Health INTRODUCTION: At its meeting held on September 25, 2018 County Council authorized staff to apply for the 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. The upset limit for the cost of this study/plan was to be $100,000 with Council approving, in principle, the funding of the 50% balance of this project to be formally considered during the 2019 budget deliberations by the incoming Council. Southwestern Public Health has contacted Elgin County offering to contribute $25,000 towards the County's portion of this study. This report seeks Council's approval to enter into a Memorandum of Understanding with Southwestern Public Health to accept this funding. DISCUSSION: The County of Elgin submitted an application to the OMAFRA Rural Economic Development (RED) program on September 28, 2018. Should the County of Elgin be successful in its application to receive funding from OMAFRA, the project will begin with a Request for Proposal to hire a consultant to undertake a two-part transportation service design study/implementation plan. Part I will consist of stakeholder consultations, peer reviews of transportation solutions in other communities, a transit needs analysis and the development of potential concepts for a transit service that responds to unique local conditions. Part II of the study/implementation plan will develop out the preferred service concept as a business model to include service, operations and implementation plans with specifics about the design and cost of such a service. It is estimated that a study of this type would cost approximately, but no more than $100,000. If Elgin were to successfully obtain 50% funding from RED, the County would be required to fund the remaining $50,000. Southwestern Public Health would like to partner on this initiative by contributing $25,000 which would reduce the County's required contribution to $25,000. Representatives at OMAFRA have informed Elgin County that no announcement will be made regarding RED applications until late January/early February of 2019. Staff is seeking Council's approval to accept this $25,000 from Southwestern Public Health, to be kept in a project fund until the status of RED funding is known. In order to do this Elgin County would enter into a Memorandum of Understanding with Southwestern Public Health that this funding would be used towards a transportation study. If Elgin's RED application is unsuccessful, these funds would be used to contribute to a similar type transportation study undertaken by pursuing funding from other avenues or from County Council, at the discretion of the incoming Council. CONCLUSION: Staff is seeking Council's approval to enter into a Memorandum of Understanding with Southwestern Public Health to accept a $25,000 contribution to be used towards a future Elgin County transportation study. RECOMMENDATION: THAT, subject to a careful review by the County Solicitor, Elgin County Council authorizes staff to enter into a Memorandum of Understanding with Southwestern Public Health to accept $25,000 in funding to be used towards an Elgin County transportation study. All of which is Respectfully Submitted Julie Gonyou Chief Administrative Officer MEMORANDUM OF UNDERSTANDING Between Southwestern Public Health and County of Elgin This memorandum of understanding (MOU) sets out the terms and outlines the understanding between Southwestern Public Health and the County of Elgin in the creation of a partnership to complete a transportation feasibility and implementation study. Background Having access to affordable transportation is essential to having a job, going to school, accessing health care and social service appointments, participating in social and leisure activities and being connected to the community. Transportation options in Elgin County are limited yet the need for access to affordable transportation is becoming increasingly important when we consider the effects of poverty, precarious work, low levels of education and an aging population. Through feasibility studies, municipalities are able to weigh the benefits of enhanced access to affordable transportation against the costs to individuals, families, neighbourhoods, businesses and the local ecosystem. Goal The goal of this MOU is to outline how funds will flow from SWPH to the County. This will be accomplished in the following manner: 1. SWPH will provide $25,000.00 to Elgin County prior to December 31, 2018 to help fund the Transportation Feasibility and Implementation Study. 2. The Chief Administrative Officer for Elgin County agrees to bring the Transit Feasibility and Implementation Study to County Council for approval. Based on the availability of Rural Economic Development funding, Elgin County Council will be asked to partially fund the Transit Feasibility and Implementation Study as well. 3. Upon signing the MOU, both parties will meet regularly to discuss the planning and implementation aspects of the project. Southwestern Public Health agrees to: • Provide designated staff to assist the lead staff from the County of Elgin in the planning of this project. County of Elgin agrees to: • Provide leadership and designated County staff who will direct the project and oversee the work of an external consultant if hired. The designated staff person will liaise with the designated staff from Southwestern Public Health. • County staff will arrange for County Council to consider the Transit Feasibility and Implementation Study at a Council meeting and will recommend its approval to Council. • If approved by County Council, County staff will endeavor to expeditiously choose a consultant and a contract will commence for work as soon as possible. • The selected consultant will: • Meet deliverables according to an identified timeline. • Build upon and consider the transportation assets that currently exist within the community. • Build upon prior work that has already been completed by local partners. • Investigate partnership opportunities with the City of St. Thomas to explore interest in participating in the feasibility study and community transportation pilot program. • Incorporate input from community citizens into the feasibility study and design of a community transportation pilot program. • Incorporate input from key stakeholders and community partners into the feasibility study and design of a community transportation pilot program. • Provide regular updates as per a negotiated schedule to SWPH regarding progress towards achieving project goals. • Present a final report to SWPH for approval. Duration This MOU shall become effective upon signature by the authorized officials from Southwestern Public Health and the County of Elgin and will remain in effect until the terms of the Agreement are met to both parties' satisfaction or until the Agreement is modified or terminated by either or both partners with 30 days' written notice. Indemnification The parties agree to indemnify each other from any liability, loss, damage or expense of whatever nature including, but not limited to, those arising from all manner of actions, causes of action, suits, investigations, debts, accounts, contracts, claims, demands, and proceedings whatsoever that arise out of the performance of their respective obligations under this MOU, including any negligent act, error or omission on their behalf or by anyone for whom in law they are responsible. Contact Information Southwestern Public Health Cynthia St. John Chief Executive Officer 1230 Talbot Street, St. Thomas, ON, N5P 1G9 519-631-9900, ext. 1202 cstj ohn@swpublichealth. ca Julie Gonyou Chief Administrative Officer County of Elgin 450 Sunset Drive, St. Thomas, ON, N5R 5V1 519-631-1460 CAO@el ig nca Southwestern Public Health Name of Person Authorized to Sign (please print) Authorized Signature Date County of Elgin Name of Person Authorized to Sign (please print) Authorized Signature Date Cynthia St. John November 191h 2018 ry m urrn lef, I"I REPORT TO COUNTY COUNCIL FROM: Julie Gonyou, Chief Administrative Officer/Clerk DATE: November 21, 2018 SUBJECT: Final Draft of Elgin County Council Procedural By -Law INTRODUCTION: On November 16, 2016, the Honourable Bill Mauro, Minister of Municipal Affairs, introduced Bill 68, Modernizing Ontario's Municipal Legislation Act, 2017 ("Bill 68"), which was introduced in response to the Province's review of the Municipal Act, 2001 and Municipal Conflict of Interest Act, 1990. Bill 68 has significant impacts on municipal government. Over the past year, County Council has responded to these required changes to ensure compliance with changes in legislation and new regulations in a number of ways including: • Revised Council Code of Conduct; • Hired an Integrity Commissioner, Closed Meeting Investigator and Ombudsman; • Incorporated changes to Closed and Open Meetings to include electronic participation; • Procedures to allow for Alternate Members; and • Revised Council Policies to include Pregnancy and Parental Leave of Councillors. Upon enactment of an amended Procedural By-law, County Council will have completed all legislative changes required at this time in advance of the next term. The purpose of this report is to complete a final review of Elgin County Council's Procedural By-law and to obtain Council's approval to repeal By-law 11-06 and enact the amended Procedural By -Law 18-38. BACKGROUND: 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. As a result of significant changes to the Municipal Act in accordance with Bill 68, a comprehensive review and update of Elgin County Council's current Procedural By -Law is required. Since March 2018, County Council has provided extensive feedback and completed a thorough review of changes proposed by staff as a result of Bill 68. Proposed amendments to the By -Law presented to County Council include revisions to reflect changes in legislation, Council practice and feedback received by Council over the past several months. As permitted by legislation, all feedback provided by Council has been incorporated into the final draft as presented. A final comprehensive review was undertaken at Council's meeting on October 16th, 2018. This review resulted in additional minor revisions and identified areas where clarification was needed. ONAI YSIS• Electronic Participation • A new provision in Bill 68 allows Members to participate electronically in a meeting that is open to the public. This new provision does not allow Members who participate electronically to be counted towards quorum. • A comprehensive review of legislation was undertaken to determine if provisions exist that allow members to vote on issues discussed in both open and closed meetings. We believe the spirit of the legislation leans towards not permitting those who participate electronically to vote since their participation does not count towards quorum. Additionally, it is not clear how voting following Closed Meetings is handled if electronic participants who are excluded from Closed Meetings are permitted to vote electronically. Not permitting those who are participating electronically addresses concerns identified by members of Council at the meeting on October 16, 2018. • Upon review of Council reports submitted by municipalities across the province who are contemplating electronic participation at their meetings, it is obvious that the legislation in regard to voting whilst participating electronically is unclear. As an interim step, it is recommended that electronic participation be included in Elgin's Procedural By -Law and that consideration be given to including voting as an amendment to the By-law if and when the legislation is clarified or as best practices are established. • Quorum is the minimum number of members who must be present at a meeting to transact business. Quorum protects against a small number of members from taking action on behalf of the entire Council. It is possible that in the future we may see legislative changes as a result of technological advancements that allow Members who participate electronically to count towards quorum, and to allow for their vote to count, but for now, it is important to try to balance in-person participation with electronic participation in the Procedural By-law. • The importance of in-person meetings and participation was reinforced by Councillors during discussion of the draft Procedural By -Law. Members who spoke on this issue noted that in-person interactions offer enhanced engagement, thereby allowing Members to observe body language and subtle cues that can be missed when participating electronically. • While in-person meetings were preferred by some Councillors, it was equally as important that Section 11 be as inclusive as possible for those who are unable to attend meetings for any number of reasons including accessibility concerns or in the case of an emergency. • In an effort to ensure there is an in-person quorum of Councillors for a Meeting to proceed, a provision was included in Section 11 which includes: o Participation by Members in-person is preferred and electronic participation shall be reserved for emergencies or accessibility requirements. Electronic Participation in Closed Meeting • To ensure Closed Meetings are strictly confidential participation in Closed Meetings is restricted to Members who are participating in-person. • The electronic connection allowing a Member to participate in the meeting open to the public must be terminated prior to Council entering Closed Session. This is to ensure confidentiality and to protect the interests of the County. This provision safeguards against Closed Meeting information being shared via speaker phone in a car, or on speaker phone in a room with members of the public. Closed Session Minutes • An additional section in regard to Closed Meeting Minutes has been included and revised to reflect the electronic distribution of minutes to Members (Section 26 (b) V, vii). v. All Closed Meeting Minutes for Council and Committee Meetings shall be circulated electronically prior to the commencement of the next Meeting. vii. Closed Meeting Minutes for Council and Committee Meetings are maintained by the CAO/Clerk and are only accessible by the CAO/Clerk. Electronic vs. Hard Copy • Several provisions within the draft By-law referred to the distribution of hard copies. Feedback was received that these provisions should reflect an option of the distribution of hard copy and electronic copies. This change has been made throughout. 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 18-38. RECOMMENDATION: THAT the report from CAO/Clerk "Final Draft of Elgin County Council's Procedural By - Law" dated November 21, 2018 be received and filed; THAT the CAO/Clerk be directed to contact the Ministry of Municipal Affairs to bring to their attention the lack of clarity associated with the provision in regard to Electronic Participation introduced by Bill 68; THAT By -Law 11-06 be repealed and any other By -Laws that are inconsistent with the "Elgin County Council Procedural by -Law"; and THAT the "Elgin County Council Procedural By -Law" as presented be approved and By - Law 18-38 be enacted. All of which is Respectfully Submitted Julie Gonyou Chief Administrative Officer/Clerk ,,urrr m/1 N REPORT TO COUNTY COUNCIL FROM: Julie Gonyou, Chief Administrative Officer Michele Harris, Director of Homes and Seniors Services Jim Bundschuh, Director of Financial Services DATE: November 7, 2018 SUBJECT: Additional Long Term Care Beds Follow Up Report INTRODUCTION: On October 16th Warden David Marr provided a report to County Council that detailed a meeting with MPP Jeff Yurek in regard to additional Long Term Care (LTC) beds in Elgin County. Elgin County owns and operates three (3) LTC Homes with a total of 247 beds - Elgin Manor, Bobier Villa and Terrace Lodge. In comparison to county funded beds in our neighbouring municipalities and given our population size, the County is considered to be "over -bedded". At this meeting, County Council directed staff to complete a report that includes the benefits, challenges and costs associated with additional LTC beds in Elgin County to be considered by both present and future Council. The purpose of this report is to provide County Council with necessary details and costs associated with this important decision that will have lasting impacts on our budget. DISCUSSION: In April 2018, the Province allocated 5,000 new LTC beds in communities across the province as part of their commitment to build 30,000 new beds over the next decade. These beds are available for both private and municipal homes. The province is not seeing the uptake on the beds that they anticipated in the months following the announcement. ADMISSIONS: The Local Health Integration Network (LHIN) — Home and Community Care division are the gatekeepers of LTC beds and are responsible for completing the assessments to determine eligibility for LTC; and, determining priority of placement on LTCH waitlists (based on legislative criteria). Residents may submit an application up to a maximum of five (5) long-term care homes (LTHs), but are not required to apply to more than one (1). The LTC Home reviews each application to ensure that it can meet the individualized needs of the applicant; and, accepts or refuses the application based on the assessment information received. Residents are then placed on the waitlist (by priority) by the Local Health Integration Network (LHIN) for each LTCH having accepted the application. A 2018 study determined that a significant proportion of the residents residing in our LTC homes are from outside of Elgin County. Current legislation does not allow for applicants residing in the area to be given priority placement status over residents residing outside of Elgin County. This clearly indicates that LTC has become a regional/provincial service and should be funded accordingly. Elgin County has no way of ensuring that County residents are directly benefitting from the additional investment in this service. WAITLISTS: Residents are prioritized on LTC Homes waitlists based upon established criteria and legislation. Applicants to our Homes may be on a waitlist for weeks to months (if crisis placement) or; for months to 2+ years (e.g. residents on a basic room rate wait list that may be receiving supports at home; and/or residents that are placed in a LTCH that was not their first choice). It was initially exciting to see that the province had responded to long waitlists through the provision of additional LTC beds. However, many municipal homes are finding it increasingly difficult to maintain an exceptional standard of care given the current number of beds and funding provided by the Ministry. While it might seem both practical and logical to build an extra wing onto Elgin Manor/Bobier Villa, or to add additional beds to Terrace Lodge to address the wait time for individuals, it is difficult to predict whether the impact of adding beds will have an impact on our residents directly or those outside of our County. Careful consideration must be given to whether Elgin County residents, who are subsidizing the costs of this service, would benefit from additional beds and whether it is practical to assume the ongoing operating costs associated with additional LTC beds in Elgin. CHANGE IN CARE REQUIREMENTS: In the past five years in particular, the LTC sector has undergone profound change prompting municipalities to ask challenging questions in regard to the provision of LTC. Specifically, why is there a disconnect between the costs of delivering this service and the amount of funding we are receiving from the province to offset these changes in requirements for care? We have noted a dramatic shift and resident acuities are higher than ever before resulting in more complex care for our residents. This change is largely due to the province's aging -in-place strategy, which has made more funding available for care at home while implementing updated admission criteria for those entering LTC. It also means that there is an increased acuity of care for new admissions compared to admissions a decade ago. The Western Ontario Warden's Caucus (WOWC) has maintained LTC operation as a core issue since 2013. STAFFING: As previously reported to County Council, there is a systemic, province -wide issue of recruitment and retention challenges for nursing staff (in particular Personal Support Workers and registered staff). Given this challenge, we are sometimes short-staffed and thereby forced to pay overtime to available staff to ensure we comply with legislation and meet residents' care needs. Additionally, we are in constant competition with our neighbouring LTC homes, hospital, and home and community care organizations when recruiting for these positions. It is difficult to ensure we have a sufficient staffing complement to serve our current residents given the recruitment challenges we face. If we increase the number of LTC beds in Elgin, difficulties to plan for staffing could be magnified. FUNDING: It is important to note that when the complexity of care is matched by increasing regulation from the province, the end result is a dramatic, ongoing increase in municipal costs for LTC. The Ministry funding model is not aligned with our actual costs and the increased level of care and complexity of care is being absorbed by Elgin County directly and not by the Province. Additional LTC beds will result in a direct, ongoing additional burden to our ratepayers at a time when we are unable to guarantee that Elgin County residents are directly benefitting from this service. The funding we receive from the Ministry covers the costs of nursing andpersonal care, program and support services, raw food and other accommodation (based on a funding formula established by the province), these costs fail to cover all costs associated with the operation of Elgin's three (3) LTC facilities; and the impact on our annual budget is $5 million. Nursing costs account for 75% of the additional contributions, with other operating costs and capital costs comprising the remaining amount. We take great pride in the quality of care provided to our residents across our three (3) homes and to achieve and maintain this level of care, we operate our homes in a lean and efficient manner. Operating cost contributions funded from local tax dollars for Elgin and it's neighbouring counties are $18,000 for each municipal bed. Elgin's relatively high number of municipal beds results in LTC being a heavy tax burden on our ratepayers. Elgin's 247 beds translates to 4.9 beds per 1000 people as compared to the average across counties of 1.4 beds per 1000 people. A similar -sized county with average costs would be contributing less than $1.5 million, compared to the $5 million that Elgin contributes. An increase in Elgin beds would only further exacerbate the situation, with the effect being a crowding out of other municipal services during the allocation of scarce municipal tax dollars. CONCLUSION: 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 our County. At present, there is no way of ensuring that County residents are directly benefitting from an additional investment in this service. Instead, an additional investment could be supporting residents outside of our County, whose contributions to this service are not as great as ours. As our homes increase in size and number of beds, so too do the expenditures. Instead of considering additional beds, it is recommended that County Council 1. advocate for an increase to the LTC funding envelope to properly address the increased acuity of residents currently being absorbed by Elgin County; and 2. seek substantive changes to the legislative framework and changes to the manner in which beds are assigned and to whom (thereby offering priority to our ratepayers). As municipal leaders, County Council is aware of the challenges the Ministry faces to have the appropriate financial resources allocated to this service. Council must also keep in mind their primary responsibility to Elgin's ratepayers to be financially accountable when allocating financial resources for the betterment of our County. The current financial burden of this service is significant and is expected to increase without any indication of increased funding available from the Ministry. Given these parameters, it seems unreasonable and not -sustainable for Elgin County to request additional beds from the Ministry at this time. RECOMMENDATIONS: THAT the report titled "Additional Long Term Care Home Beds Follow Up Report" from the Chief Administrative Officer, Director of Homes and Seniors Services and Director of Financial Services, dated November 7, 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 share this report with the next term of County Council and request their commitment to advocating for a change to the manner in which LTC beds are assigned and an adjustment in Ministry funding to better support the increased costs associated with the changing level of care of residents. All of which is Respectfully Submitted Julie Gonyou Chief Administrative Officer Michele Harris Director of Homes and Seniors Services Jim Bundschuh Director of Financial Services ,,urrr m/1 N REPORT TO COUNTY COUNCIL FROM: Julie Gonyou, Chief Administrative Officer DATE: November 27, 2018 SUBJECT: Proposed Amendment to the Woodlands Conservation By-law 05-03 INTRODUCTION: Pursuant to Section 135 of the Municipal Act, 2001, County Council enacted By -Law No. 05-03 (Woodlands Conservation By -Law) to prohibit or regulate the harvest, destruction, or injury of trees in the County of Elgin. Correspondence was received on October 10th, 2018 from the Municipality of Central Elgin requesting that Elgin County pass an amendment to its Woodland Conservation By-law to regulate the harvest, destruction or injury of trees upon specified slopes within the territorial limits of the Municipality of Central Elgin and that the amendment be substantially consistent with the draft provided by Central Elgin. Central Elgin wishes to enact further prohibitions and regulations applicable to specified slopes. This report includes the following attachments - 1 . ttachments: 1. Letter dated October 10, 2018 received from the Municipality of Central Elgin requesting that County Council amend Woodlands Conservation By -Law 05-03; 2. Copy of Central Elgin Report CAO 49-18, "Proposed County of Elgin Woodlands Conservation By-law Amendment (Slope Permit)"; 3. Frequently Asked Questions (FAQ) resulting from Public Information Sessions (June 2016); and 4. Proposed By -Law No. 18-39 "Being a By-law to amend By -Law 05-03 (Woodlands Conservation By -Law)". The purpose of this report is to seek Council's approval and enactment of By -Law 18-39 "Being a By -Law to Amend By -Law 05-03 Woodlands Conservation By -Law". BACKGROUND: Over the past several years, discussion in regard to the Woodlands Conservation By - Law and amendments proposed by the Municipality of Central Elgin has been ongoing. Since this issue has not been presented to County Council since 2016, the following section will provide a high-level chronology of work that has been completed to date on the proposed amendments. In 2014, administration for Central Elgin developed concerns regarding potential risks to structural integrity of slopes within their municipality from the harvest or destruction of trees from those slopes, with a focus on the bluffs in Port Stanley. The County Solicitor was contacted by Central Elgin for legal assistance. The County Solicitor advised Central Elgin administration that the most appropriate approach was that a special permitting process for the removal from slopes be established as part of the County Woodlands Conservation By -Law 05-03. As counsel to Central Elgin, the County Solicitor assisted in the preparation of amendments to the by-law with input from the Tree Commissioner. It was anticipated that once the draft by-law was prepared, Central Elgin Council would approve the amending by-law. Elgin County would then amend Woodlands Conservation By -Law 05-03 by enactment. The draft amending by-law was completed by early 2016 and was reported to and approved by Central Elgin Council in April 2016. Elgin County's Tree Commissioner reported on the matter to County Council on June 14, 2016,The report recommended first and second reading of the amending by-law followed by a public review period of 30 days and subsequent report back to Council by the Tree Commissioner following the review period. Council accepted the report and its recommendations. Public open houses were then conducted by Elgin County's Tree Commissioner in late June 2016. The public open houses were well attended and a number of written comments were received. Most written comments were critical of various aspects of the proposed slope amendment, and in particular, the requirement that reports from an arborist and geotechnical engineer be obtained before the slope permit would be issued. On July 27, 2016, Elgin County received a follow-up report from Jeff Lawrence in regard to the public input that was received and, as a result, Elgin County referred the slope amendment issue back to Central Elgin Council for feedback and direction. During the following year, Central Elgin (with input from County Solicitor, Tree Commissioner and former CAO McDonald) consulted with Bedell Engineering Inc. to develop guidelines that would assist Tree Commissioner in assessing the need for an arborist/geotechnical report to support issuance of slope permit. After receiving the consultant's guidelines and input, County Solicitor, still acting as Central Elgin counsel, revised slope amendment by-law. The result was the creation of a pre -consultation process by which the Tree Commissioner would determine if expert reports were required. If required, the expert report must be delivered to make slope permit application complete but if not required, application would be complete without the expert reports. On June 22, 2018, the revised amending by-law, with schedules, was delivered to Central Elgin CAO and Tree Commissioner. The County Solicitor, now jointly on behalf of Elgin and Central Elgin, recommended that Central Elgin Council consider and approve revised amending by-law and then forward to Elgin County for consideration by County Council. A strategy meeting was held on August 23, 2018 with Elgin County CAO Gonyou, Central Elgin CAO Leitch, County Solicitor and Tree Commissioner. Following this meeting, the County Solicitor, on behalf of Central Elgin, prepared a Frequently Asked Questions (FAQ) document (attached) in respect of the information gathered at the public open houses and this information was forwarded to CAO Gonyou and CAO Leitch on October 4, 2018. Central Elgin CAO Leitch prepared a report to Central Elgin Council on October 4, 2018, seeking a resolution to approve the revised draft amending by-law with a request for enactment by Elgin County. Central Elgin Council considered the report on October 10, 2018 and enacted the recommended resolution. Central Elgin forwarded the resolution and CAO Leitch report to County CAO on October 10, 2018. Staff were not able to include this correspondence for County Council's consideration at the meeting on October 16, 2018. Due to the fact that the previous amendments had been considered during this Council term, it was important that it be presented at today's meeting. CONCLUSION: As evidenced in this report and attachments, extensive work has been undertaken on the part of the Municipality of Central Elgin regarding revisions to the Woodlands Conservation By-law. The purpose of this report is to seek Council's approval to enact a revised Woodlands Conservation By-law at the County level. RECOMMENDATION: THAT By -Law No. 18-39 "Being a By-law to amend By -Law 05-03 (Woodlands Conservation By -Law)" be approved and enacted. All of which is Respectfully Submitted Julie Gonyou Chief Administrative Officer The Corporation of the Municipality of r, Cefltral 450 Sunset Drive, lst Floor St.ThomasOntarlo N5R5V1 P:519.631AB60 F:519.631A036 ap_. October 101h, 2018 Julie Gonyou CAO County of Elgin 450 Sunset Drive St. Thomas, ON N5R 5 V1 Email: cao@elgin.ca Dear Ms. Gonyou: Re: Woodlands Conservation By-law Amendment Please note that Central Elgin Council discussed a report respecting the above noted matter at their meeting dated Tuesday, October 10th, 2018 and the following resolution was passed: THAT: The Council of the Corporation of the Municipality of Central Elgin request Elgin County Council to pass an amendment to its Woodland Conservation lay -law to regulate the harvest, destruction or injury of trees upon specified slopes within the territorial limits of the Municipality of Central Elgin; AND FURTHER THAT: Said amendment be substantially consistent with the draft amending by-law attached to Report CAO 4918. CARRIED. For your ease of reference, a copy of Report CAO 49-18 has been enclosed. Please feel free to contact me should you have any questions regarding this information. Yours truly, Dianne Wilson Deputy Clerk/Records Management Coordinator C.C. S. Gibson, County Solicitor J. Lawrence, Tree Commissioner, County of Elgin Encl. The Corporation of the Municipality of Central El (An 450 Sunset Dilve,IstFloor, 5t,Thomas,ontasi0 NSRSVi P:519,631.4060 R519,631A036 Keporr DATE: October 4, 2018 REPORT: CAO.49.18 TO: Fits Worshlp the Mayor and Councll PREPARED BY: Donald N. Leitch, Chief Administrative Officer SUBJECT: Proposed County of Elgin Woodlands Conservation By- law Amendment (Slope permit) 1 TO COUNCIL: October 9, 2018 RECOMMENDATION: THAT Council pass a resolution requesting Elgin County Council to pass an amendment to Its Woodland Conservation By-law to regulate the harvest, destruction or injury of trees upon specified slopes within the territorial limits of the Municipality of Central Elgin AND FURTHER THAT said amendment be substantially consistent with the draft amending by-law attached to this report, REPORT: Municipal staff have been working with the County of Elgin Chief Administrative Officer (formerly Mark McDonald, now Julie Gonyou), County Tree Commissioner Jeff Lawrence, and the County solicitor, Stephen Gibson, to develop a by-law to regulate the cutting or injury of trees on significant slopes that may Impact the stability of the slope. In 2016, public information and Input sessions were held to Inform the public of the proposed by-law, address questions, and receive comments on the proposed draft. The most frequent comment or question related to the need to file reports from an arborist and/or geotechnical engineer, As a result, a geotechnical engineer, Phil Bedell, was consulted and developed a screening mechanism that may be used by the Tree Commissioner to guide in the determination of whether a geotechnical report is required in support of a slope permit application. The draft by-law was revised to authorize the Tree Commissioner to provide preliminary direction to applicants on the necessity of submitting an arborist report and/or geotechnical report, The current version of the draft by-law is attached to this report. Changes made to current draft, from the original draft, are noted in red text. As the woodland conservation by-law is under the jurisdiction of the County of Elgin, any amendments to the by-law must be made by County Council, However, it is staffs understanding that County Council may expect Central Elgin Council to confirm its request to amend the by-law to provide for slope permits and its support for the current draft by-law. Therefore, it is recommended that Council pass such a sub Y6nald N. Leitch, Chief Administrative Officer Jf COUNTY OF ELGIN By -Law No. 18 -XX "BEING A BY-LAW TO AMEND BY-LAW 05-03 (WOODLANDS CONSERVATION BY-LAWY' WHEREAS pursuant to Section 135 of the Municipal Act, 2001, County Council enacted By -Law No. 05-03 (Woodlands Conservation By -Law) as a by-law to prohibit or regulate the harvest, destruction, or injury of trees in the County of Elgin; AND WHEREAS the Municipality of Central Elgin has petitioned County Council to amend the said By -Law No. 05-03 (Woodlands Conservation By -Law) to enact further prohibitions and regulations for the harvest, destruction, or injury of trees located upon specified slopes within the territorial limits of the said Municipality of Central Elgin; AND WHEREAS County Council is prepared to enact recommended amendments to By -Law No. 05-03 (Woodlands Conservation By -Law) to provide for such further prohibitions and regulations applicable to specified slopes within the territorial limits of the County of Elgin including but not necessarily limited to the territorial limits of the Municipality of Central Elgin. NOW THEREFORE the Council of the Corporation of the County of Elgin enacts as follows; 1. THAT By -Law No. 0503 (Woodlands Conservation By -Law) be and same is hereby amended as follows; 1.1 The following section, numbered and identified as section 3.1, shall be added } between sections 3 and 4; "3.1 Exceptions to Exemptions (a) The exemptions provided for in sections 3 (m) and 3 (q) above do not apply to lands Identified in Schedule "L" hereto and for which the harvest, destruction, or injury of a tree or trees upon such lands requires that a Slope Permit be obtained pursuant to section 5.1 below." 1.2 Section 5 (a) shall be deleted and the following section substituted therefor: "(a) Every owner of woodlands or person acting on behalf of the owner who intends to harvest, destroy, or Injure trees personally or through another person under Section 2 (a) (i) or Section 2 (a) (ii) of this By -Law shall complete and submit to the Clerk an application to harvest, destroy, or injure trees as prescribed in Schedule 'T" hereto not less than thirty (30) days prior to the commencement of such harvest, destruction, or injury." 1.3 The following section, numbered and identified as section 5.1, shall be added between sections 5 and 6; "5,1 Regulations for Harvest, Destruction, or Injury to Trees on Slopes —Slope Permit (a) Without limiting the generality of the procedure and requirements set forth in section 5 above, where the harvest, destruction or Injury of any tree or trees is proposed and/or Intended for lands located with a Woodlands Slope area Identified on mapping attached as Schedule 92'(1_1 to t,7 inclusive) hereto, the owner of such lands or any person acting on behalf of the owner shall also apply for and obtain a Slope Permit authorizing such harvest, destruction, or injury of tree or trees. (b) The following rules apply to the harvest, destruction, or injury of any tree or trees from slopes as identified in Schedule "t," hereto: (1) The owner of any woodlands br any person acting on behalf of such owner shall consult with the Officer prior to submissi6n of the Application for Slope Permit to, among other things, confirm the requirementJo appiy'for and obtain such Permit and otherwise received preliminary direction as'to documentation required to be delivered in support of such application. Qi) Concurrent with submission of the Application to harvest, destroy or injure trees as set forth In section 5 (a) above, the owner of any woodlands or any person acting on behalf of such owner shall also apply for and obtain a Slope Permit as prescribed in Schedule "N" hereto and in that regard shall submit the following additional documentation to the Clerk: (1) An Application for Slope Permit as prescribed in Schedule "illi" hereto (hereinafter referred to as the "Application"); (2) The fee, if any, as prescribed in Schedule "G" hereto; (3) Written confirmation of pre -consultation. with the Officer, including preliminary direction as to documentation required to support the Application'for 81ope Permit; (4) if required at the preliminary direction of the Officer, an Arborist Report Identifying the tree or trees to be harvested, destroyed, or Injured, a description of the health of such tree or trees, and, If included, recommendations as to operations for the harvest, destruction, or injury of such tree or trees; (5) If required at the preliminary direction of the Officer, a report prepared by a qualified geotechnical engineer that certifies that the proposed harvest, destruction, or Injury of tree or trees will not create increased erosion or land slip to the subject slope area and Identified remedlal works to be undertaken to control erosion and land slip upon the subject slope area; (G) If required at the preliminary direction of the Officer, a statement signed by the Applicant ensuring that the Applicant will be responsible for undertaking and completing all recommendations made by the arborist in accordance with the report described in item (4) above and all works required by the geotechnical engineer in accordance with the report described in item (5) above; (7) If required at the preliminary direction of the Officer, a statement detailing the proposed method of disposal of any wood waste / clearing debris; (8) If required at the preliminarydirection of the Officer, a statement detailing the proposed method for adequate control of drainage and erosion impacts from the tree removal site; (9) The written consent of any adjacent property owner if the base of any tree or trees to be harvested, destroyed, or injured straddles a property line with that adjacent owner; and, (10) if the Application is not made by the owner of the lands from which the tree or trees is to be removed, the written consent of the owner of such lands from which any tree or trees is or are to be harvested, destroyed, or injured. ' (111) The Clerk, on the advice of the Officer, shall advise the person submitting the Application as referred to in section 6.1 (b) (li) (1) that the Application is complete or incomplete and, if incomplete, the Clerk shall specify why the Application Is considered Incomplete. (iv) If the Application as referred to above Is withdrawn In writing by the Applicant or if the Application is incomplete for in excess of one (1) year from the date of original submission, it shall be deemed as withdrawn and no refund of fees shall be made. The Clerk shall close the Application file when any Application is withdrawn or deemed to be withdrawn. (v) When an Application is complete, the Clerk shall forward the Application, along with all supporting documentation as referred to In section 5.1 (b) (ii) to the Officer for reviow and processing. Concurrently, the Clerk shall also forward a photocopy of such Application and supporting documentation to the Clerk of the lower tier municipality in which the tree or trees to be harvested, destroyed or injured Is or are located for review and comment within fifteen (15) days of delivery to such Clerk of the lower tier municipality, (vi) The Officer shall be responsible for reviewing the Application and all supporting documentation and thereafter, shall decide If a Slope Permit authorizing the harvest, destruction and Injury of any tree or trees thereunder shall issue terms and conditions applicable to such Slope Permit, providing at all times that the Officer shall not make any determination or issue such Permit without receipt and taking into account the review comments to be received from the Clerk of the lower tier municipality as referred to in section 5.1 (b) ,(v) above. (vii) if the Officer decides to issue a Slope Permit as contemplated In section 5,1 (b) .(vi) above, he shall do so In the form prescribed In Schedule "N" hereto and the owner of the lands upon which the tree or trees so authorized to be harvested, destroyed, or injured and any person acting on behalf of the owner shall comply with all terms and conditions thereof. (viii) With necessary changes, the requirements of sections 5 (c), (d), and (e) apply to the processing and administration of an Application for and Slope Permit issued pursuant -to this section, (€x) A Slope Permit issued pursuant to this section shall be valid for a maximum of one (1) calendar year from the date of issuance. (X) The owner of the lands for which a Slope Permit has been denied or the person authorized on his behalf or, as it relates to conditions only, the lower tier municipality within which such lands are located, may appeal the decision of the Officer to Council and Council may consider and reconsider, as the case may be, the Application, the denial of a Slope Permit and/orthe terms and conditions thereof and thereafter. make a decision as to the granting of a Slope Permit and the terms and conditions thereof. (A) The interested party or parties to the appeal process referred to In section 5.1 (b) (X) shall be notified in writing of the date of hearing by Council and furthermore, shall be provided with a copy of all relevant documentation In relation thereto. (xi€) During the course of the appeal hearing contemplated by section 5.1 (b) (A) above, Council shall hear any person, corporation or body interested therein who wishes to speak to such appeal and who has previously sought permission to do so in writing. Upon conclusion of the hearing, Council shall make a decision regarding the appeal of the decision of the Officer and grant or dismiss the appeal. If the appeal is dismissed then the decision of the Officer Is confirmed while if the SCHEDULE "A" to the By -Law No. 18-39 amending By -Law No. 05-03 (Woodlands Conservation By -Law) SCHEDULE "L" Slopes Subject to Regulation (s. 5.1) Maps Ll to L7 attached Municipality of Thames Centre Township of Malahltle The Municipality of Central Elgin Community of Belmont Schedule L1 Map Leepd Urhaa s,tt€,meat Area Municipal B—dary — Wl-y °^^°`^^• WdTCrC6ar52S W terfiodme a Woodlands Shapes 175 9 e 175 359 Metres 7anuary 2016 Townshipof w, Southo Id of City, or St Thomas 11 11flu" INN ORION I 1 RI1 The Municipality of. Mp L—nd Central Elgin — Urban Soof—VArea MuniclpaE Boundary Community - Railway of Lynhurst W.Wco—es PO ,WA Watarbodks Slopes Schedule L2 150 o 150 300 Metres January 2016 COY of S[ Thomas }—oolp of Snpffi-Id City br St Thomas i�ti�41t itni The Municipality of Central Elgin Community of Norman Lyndale Schedule L3 Man Legend tlrhin Settlement Area Mo ldpN Beundory - .- Ramsay Water6ddles Woodlands Slopes 0 L 200 0 200 400 Mett�s January 2016 Township of Southnvold The Municipality of Central Elgin Community of Union Schedule L4 Man Legend Urban Settlement Arta Municipal Boundary -.- RMIllay Water Waterbodf- Woodlands Slapes wv 225 0 e 225 450 Metres January 2016 The Municipality of Central Elgin Community of Port Stanley Schedule L5 Mal) Lrgend Urban Settlement Area P90nlcipM Boundary RaiEway '--�"-�- Watercourees -� Wakerbotl[es Wpotllands Slopes w. . 2sn 0 656 250 50© Metres )--y 2016 The Municipality of Central Elgin Community of Sparta Schedule L6 Map legend Rural SetU,—t Asea Municipal Mundry Rpif-Y hjJ WA-badies Woodlands S3npes 75 0 n 75 150 Metres 7anuary 2016 i.kea� im• Mssnmv�l The Municipality of Central Elgin Community of New Sarum Schedule U Map t49Snd - Rural Sett[ement Area Municlpal eoenda y -a �-- Watercourses Waterbad€es Woodlands Slopes 4. 75 0 e 75 150 Metres January 2016 SCHEDUUE"M" SLOPE APPLICATION NUMBER APPLICATION TOHARVEST, DESTROY ORINJURE TREES ONSLOPES for the COUNTY OF ELGIN WOODLANDS CONSERVATION BY-LAW NO. D5-83 This completed application must be submitted at least twenty (20) working days prior to the proposed commencement ofthe Harvest. APPLICANT INFORMATION Property Owner's Name: Phone: E-mail: PROPERTY INFORMATION Roll # of woodland: Township: 911 Address of Woodlot: Concession.- Woodland DETAILS OFPROPOSED WORK Expected Starting Date: ___ Person in Charge of Cutting: Contractor's Name: Phone Fax #:— E-mail:Tree Species and Number to be removed oil Attach a sketch/map of property outlining property lines, roads, buildings & structures, north, top &bottom of slope, approximate location of trees to be removed, base of harvest operations, equipment access location, etc. Attach a written description outlining your proposed method(s) for removing wood wuoha clearing debris and equipment tobeused. Add detail tosketch where appropriate. Attach a written description outlining your proposed method(s) for controlling drainage and erosion impacts from the tree removal site. Add detail to sketch where appropriate. SUPPORTING DOCUMENTATION The following documentation isattached hnsupport ofthis Application: Confirmation ofPre-Consultation with and Direction from Officer Report from Arborist (Author* Date: Report from Geotechnical Engineer (Author: Date: Statement Agreeing to CompleteWork/Recommendations Statement Detailing Proposed Method ofDisposal ofWaste/Debris Statement Detailing Drainage Control Measures Written Consent ofAdjacent Property Owner (if required) Written Consent ofOwner (if required) I agree that operations will be in accordance with the provisions of Woodland Conservation By - Law No. 05-03, of the County of Elgin and that I am familiar with the contents and requirements of this By -Law and acknowledge having received a copy thereof. |agpee that operations will be accordance with the recommendations contained within my Arborist report completed by dated I agree that operations will be in accordance with the recommendations contained within my Geotechnical report completed by I dated Further, | agree tocontact the Officer byTelephone (510)S31-127Uext. 231.twenty-four (24) hours prior tnthe start ofcutting. DATED AT this day of 120 Signature of Owner Signature ofContractor Mailing Address: Elgin County Tree Commissioner, c/o Kettle Creek Conservation Authority, RR #8.44015Ferguson Line, St Thomas, Ontario, N5P3T3 Phone: (51Q)931-127Oext. 231 Fax: (51Q)831-5O2O Personal Information on this form is collected under the authority of the MunicipalFreedom of Information and Protection of Privacy Act, Section 32, C and D, and may be used to enforce the By - Application Received by the Officer: Doba Schedule "N" SLOPE PERMIT Permit for the Harvest, Destruction or Injury of Trees on Slopes Permission is hereby granted by the Corporation of the County of Elgin to destroy trees under BY-LAW NO. 05-03 REFERENCE APPLICATION #: ISSUED TO: 911 ADDRESS: LOT: CONCESSION: MUNICIPALITY: Tax Roll Number: Description of area and trees to be destroyed: Conditions of the permit: DATE OF ISSUE: DATE OF EXPIRY: PER Clerk or Designate FREQUENTLY ASKED QUESTIONS SLOPE PERMIT AMENDMENT (REVISED) ELGIN COUNTY WOODLANDS CONSERVATION BY-LAW 05-03 Question: The most repeated questions or comments related to the need for and costs associated with obtaining and filing a report or reports from an arborist and/or geotechnical engineer. Answer: Under the revised by-law amendment, reports from an arborist and/or geotechnical engineer will not be required in every situation in which a tree or trees within a woodland and located upon a regulated slope are proposed to be harvested, destroyed, or injured. Under the revised process, a landowner, or his or her agent, will consult with the Tree Commissioner prior to submission of any application for municipal permission and, at that time, receive written direction as to whether a Slope Permit is required and, if so, the nature of necessary supporting documentation, including any requirement for delivery of the afore -noted consultant reports. At this stage, the Tree Commissioner may conduct a site visit. This revised process will provide the landowner, or his or her agent, with site-specific guidance and avoid situations in which admittedly costly consultant reports are unnecessarily obtained and filed in support of and Application for Slope Permit. 2. Question: A number of inquiries related to the consequences of the proposed by-law amendment on specific activities in relation to trees within a regulated slope area, including removal of dead trees, sending of a woodlot, and/or pruning of healthy trees. Answer: It is emphasized that the proposed by-law is not intended and does not change the nature and extent of regulation and restriction of tree -related activities as set forth in the existing Woodlands Conservation By -Law. The focus and effect of the now -revised proposed amendment is to establish a second permit process for already regulated activities in relation to a tree or trees within a wood lot but that are also located within a regulated slope area. The answer to many of these types of questions are found in the existing Woodlands Conservation By -Law, for example: (i) Tree or Trees must be part of a Woodland A pre -condition for any regulation of tree—related activity, the target trees must be part of a woodland as defined in the Woodland Conservation By -Law - if the woodlot qualifies as a woodland pursuant to the By -Law, then the prohibitions and/or restrictions in respect of harvest, injury, or destruction of a specific tree or trees will apply. The proposed by-law amendment does not alter the requirement that prohibition or regulation applies only to trees within a woodland, even if any target tree or trees is located on a regulated slope. (ii) Removal of Dead Trees The proposed by-law amendment does not change the ability to remove a dead tree or trees that has or have been irreparably damaged by, among other things, disease, insects, wind, ice, fire, lightning, or other natural cause. The right to remove a dead tree is reflected in the prohibition against harvest, destruction, or injury of living trees only as well as permitted activities as good for street practices, including the express permission to harvest tree or trees that have been damaged by such natural causes. (iii) Thinning of a Woodlot A single tree or a number of trees may be harvested from a woodlot which qualifies as a woodland to promote health of that woodlot if such removal is recommended by a qualified Forrester and which is part of a Woodlands Management Plan and/or otherwise in accordance with the Provincial Silviculture Guidelines. An application must be filed with the Tree Commissioner before any such Works commence. Where the tree or trees are harvested within a woodland located upon a regulated slope, the same rules apply but the Slope Permit must also be obtained. (iv) Pruning of Healthy Trees Whether a target tree or trees in question are located on a regulated slope or not, pruning itself is an activity which may and likely will meet the definition of damage or injury to such tree or trees and, as such, will be a regulated activity if the target tree or trees form part of a woodland. If the tree or trees in question are part of a woodland, then an application to the Tree Commissioner is required and, furthermore, if that or those tree or trees is or are located on a regulated slope, then the second Slope Permit is required. The above comments are offered as guidelines only and may not apply to all specific scenarios. If any tree—related activity is being considered, it is recommended that the Tree Commissioner be consulted to determine applicable restriction, if any. 3. Question: A number of questions or comments focused upon the philosophy for elements of a Woodlands Conservation By -Law as a whole and not specifically related to the proposed Slope Permit processes. These questions or comments included proposed formation of a tree commission and criticism of prosecution -based enforcement rather than encouragement of tree stewardship and woodlot management, including possible incentive programs. Answer: It is emphasized that, at the request of Central Elgin, the proposed by-law amendment creates and additional permit process where the harvest, injury, or destruction of a tree or trees within a woodland is or are also located within a regulated slope area. To that extent, it is emphasized that, unless expressly suspended by the proposed by-law amendment, the processes, regulations, and restrictions in the existing Woodlands Conservation By -Law, including application to trees forming part of a woodland and/or qualifying exemptions to regulation, continue to apply to activity within that regulative slope area by the proposed amendment, the only additional regulation is the need to obtain a second permit, being the Slope Permit, for tree -related activity within the slope area. To that extent, therefore, the proposed by-law does not address and is not intended to address the nature or specifics of the underlying Elgin County Woodlands Conservation By -Law. If review, reconsideration, or other revision of the philosophy, processes, and/or provisions of the underlying by-law is sought, it is recommended that these matters be raised with Elgin County Council through contact with either Elgin County Administration, a member of County Council, or through an individual's associated lower tier municipality. 4. Question: A few questions/comments related to the stabilizing benefit of routes of existing trees harvested from regulated slope areas and advantages to woodlot management, even on slopes, from harvesting of larger trees. The essence of these questions/comments was whether regulation of harvest of trees on slopes was necessary or desirable. Answer: The enhancement of slope stability by existing root systems is a factor which justifies the need for regulation of tree—related activities, including harvest or removal, within at -risk slopes. It is noted that the regulation of such activities is already in existence through the existing Woodlands Conservation By -Law. The proposed by- law amendment simply establishes a process by which factors related to slope stability will be assessed, with or without professional input, to ensure that stability is not compromised by the proposed removal of a tree or trees. To that extent, therefore, it is the position of Elgin County and Central Elgin that by law or regulation, including the proposed Slope Permit process, it is desirable to ensure that slope stability is not reduced and, in fact, is protected. 5. A number of specific, miscellaneous question/comments were also received, the details and answers to which are as follows: (i) Question: Does the trimming of branches and/or removal of trees on the bluffs above Port Stanley affect the assessed value of property and resultant municipal taxes? Answer: The effect of tree—related activities on assessed value of property is unknown, but it is conceded that a change in such value will affect the amount of municipal taxes chargeable to those lands. Information as to assessed value of any specific property may be available from the Municipal Property Assessment Corporation (M PAC). (ii) Question: What is the purpose of notification of the Clerk of the applicable lower tier municipality of the receipt of a complete Slope Permit application, with an opportunity for review and comment, particularly if that municipality does not employ a geotechnical professional or arborist? Answer: A process which provides for notification of the involved lower tier municipality, with an opportunity for review and comment, recognizes both the interest of the local municipality in the health, safety, and well-being of its ratepayers as well as the environmental well-being of the municipality and the practical reality that it was the local municipality that will have identified slopes to be regulated. As for the ability to make qualified comment, it is recognized that the local municipality may seek input from a qualified professional to ensure an informed decision by the Tree Commissioner but also to allow for establishment of proper conditions to be ordered by the Tree Commissioner to protect the interests of the local municipality and its ratepayers, in particular, in relation to slope stability issues. (iii) Question: As a potential method for offsetting the anticipated high costs of a geotechnical and/or arborist report in support of a Slope Permit Application, will Elgin County or its local municipal partners consider retention or employment of such professionals to conduct any required assessments? Answer: Elgin County, as the upper tier municipality regulating the injury or destruction of trees in woodlands within its territorial limits, does not anticipate retention or employment of either a geotechnical engineer and/or arborist to provide reports in relation to any Slope Permit Application. The application process for permission to harvest, destroy, or injure tree or trees from a woodland is considered a matter of specific interest to the individual landowner and the number of anticipated Slope Permit Applications requiring official input simply does not justify the cost of such retainer or salary. It is anticipated that the same, would apply to any involved lower tier municipality, although in inquiry to such municipality which petition for slope areas to be regulated is encouraged. (iv) Question: Is it fair to establish a Slope Permit Application process applicable to some but not all slope areas within a local municipality, regardless of the grade or degree of risk associated with any such slope? Answer: It is repeated that the prohibitions and restrictions against harvest, injury, or destruction of a tree or trees in woodlands is created by the existing Woodlands Conservation By -Law and applies to all woodlots qualifying as Woodlands within the territorial limits of Elgin County, including all slopes. The proposed amendment adds a requirement for a second level of Permit when the tree—related activity will occur in the a slope area identified by the local municipality as exhibiting stability risks. It is acknowledged that the identification of only specific slopes for requirement of the second Slope Permit may result in perceived inequities attributable to designation for special regulation this is different from unfairness in the now proposed Slope Permit Application process. Elgin County relies upon the petitioning local municipality to properly identify slope areas requiring application of the Slope Permit process. (v) Question: Is it possible to establish a threshold, based upon number of trees, only above which the Slope Permit Application process will apply? Answer: A threshold based upon a number of trees to be harvested, destroyed, or injured is not appropriate. There will be circumstances in which activities against a single tree will create a risk of slope destabilization while, on a different slope, activities against multiple trees will not cause that same risk. It is hoped that the discretion granted to the Tree Commissioner in the revised by-law amendment will address this issue through site-specific report requirements. (vi) Question: If a ratepayer disagrees with an assessment or decision from the Tree Commissioner, what is the next level of reconsideration or appeal? Answer: Any ratepayer or, as relating to conditions imposed, the involved local municipality, may appeal the decision of the Tree Commissioner in respect of a Slope Permit Application to Elgin County Council. It is noted that the existing Woodlands Conservation By -Law includes a similar appeal process to Elgin County Council for any decision of the Tree Commissioner in respect of general permissions to harvest, injure, or destroy a tree or trees. (vii) Question: How many incidents of slope slippage in Port Stanley have been documented over the last 5 years? Answer: According to municipal records, the last reported incident of slope slippage in Port Stanley was during 2012, generally located at the toll of the bluff near the west end of Edith Cavell Boulevard. (viii) Question: Is the Slope Permit process proposed in the by-law amendment unique to Elgin County? Was there consultation of other municipalities, including those from Grand Bend to Goderich or in the areas of Parry Sound or the Muskokas? Answer: The proposed Slope Permit process is considered unique to Elgin County and, to date, the Municipality of Central Elgin. Although by-laws from at least one other Canadian municipality was reviewed, for guidance, when the proposed amendment was drafted, there was no direct or formal consultation with any Ontario municipality, including those identified in this inquiry. (ix) Question: What are the qualifications of the Tree Commissioner to assess the validity and risks associated with tree issues, including respect of any Application for Slope Permits? Answer: The Tree Commissioner is currently appointed under a service agreement between Elgin County and Kettle Creek Conservation Authority. The contract requires appointment of a qualified candidate to serve as Tree Commissioner. The Tree Commissioner is then subject to approval and specific appointment by Elgin County Council. Administration of the service contract has recognized that circumstances will arise when input is required from independent experts, including, for instance, a registered Forrester to confirm qualification of a woodlot as a woodland subject to regulation under the existing Woodlands Conservation By -Law or expression of the opinion regarding the commission of a violation of that By -Law. It is recognition of that possible need for professional input that prompted the proposed Slope Permit Application process to require possible input from a geotechnical engineer and/or arborist. It is conceded that this question also asked for comment as to the education, experience, and professional qualifications of the current Tree Commissioner. Without reviewing his educational background and employment experience, Elgin County confirms it is satisfied with the qualifications and performance of the existing Tree Commissioner, including for purposes of processing of all applications under the Woodlands Conservation By -Law, and investigation of, and participation in prosecution of charges for violations of its prohibitions. (x) Question: Have the services or professional opinion of a geotechnical engineer or arborist been sought in preparation of the proposed by-law amendment or simply the lawyer for the County? Answer: The proposed by-law amendment has been prepared primarily by legal counsel for the Municipality of Central Elgin at the request and under the direction of the Clerk/CAO for that municipality. It is conceded that, concurrently, the involved municipal legal counsel is also the County Solicitor. The Tree Commissioner has provided input and assistance to legal counsel throughout the amendment process. Input has also been sought and received from an engineering consultant for Central Elgin, specifically relating to soils and soil stability. (xi) Question: How will the by-law adapt to any changes in the future? Answer: The Woodlands Conservation By -Law, even after anticipated revision by the proposed Slope Permit amendment, may be further amended in the future by Elgin County Council. A variety of situations may lead to amendment, including, among others, a general by-law review initiated by County Council or the Tree Commissioner, at the request or petition of a lower tier Municipal Council, or at the request of a ratepayer, usually involving a personal delegation and request to County Council. (xii) Question: How is slope defined? Answer: Neither the existing Woodlands Conservation By -Law nor the proposed Slope Permit amendment includes a technical definition of the word "slope". In considering the current Slope Permit amendment request, Elgin County Council relies upon slope identification by the Municipality of Central Elgin as the petitioning local municipality — similar reliance will be placed upon the petitioning municipality in respect of future requests for identification of slopes to be subject to the special Slope Permit process. This reliance is based, at least in part, upon the previous transfer of lower tier jurisdiction over woodlands regulation to Elgin County when the existing Woodlands Conservation By -Law was first enacted. (xiii) Question: Does the proposed Slope Permit Application amendment change the definition of "woodland"? Does the woodlot within which a tree or trees to be harvested, destroyed, or injured still have to meet the definition of "woodland"? Answer: The proposed amendment does not revise the definition of "woodland". Any woodland, even within a regulated slope area, must firstly meet the definition of a "woodland" for purposes of the existing Woodlands Conservation By -Law before any regulation of tree—related activities applies, including the proposed Slope Permit process. As a result, circumstances may arise in which tree activities may be undertaken within an identified slope area but without the need for permission or permit from the Tree Commissioner if the target tree or trees are not located within a woodland. When there is doubt as to the applicability of any and all by-law regulation, it is prudent to seek the advice of the Tree Commissioner. (xiv) Question: If you are going to remove less than 21 trees on a slope section of your property, do you need to apply for 2 permits or do you only need a slope permit? Answer: It appears that the focus of this question is the owner exemption permitting the harvest, destruction, or injury of 20 trees by the involved landowner as provided for in section 3 (m) of the existing Woodlands Conservation By -Law. The application of the owner exemption is expressly excluded under the proposed by-law amendment for regulated slopes. Consequently, for regulated slope areas under a revised by-law, a landowner would require both general permission and a Slope Permit for the harvest of any tree or trees from a woodland within a regular slope area on his or her property. CORRESPONDENCE — November 27, 2018 Item for Consideration — (Attached) 1. Dillon Consulting MTO Notice of Completion Transportation Environmental Study Report Addendum Highway 401 & Highway 4 Interchange Improvements and Highway 4 & Glanworth Drive Underpass Replacements. 2. Paul Jenkins, Executive Director, STEGH Foundation with a request to come as a delegation to Council in 2019 to provide foundation updates. October 22, 2018 County of Elgin 450 Sunset Drive St. Thomas, Ontario N5R 5V1 Attention: Mark McDonald CAO Ministry of Transportation, Ontario Notice of Completion V E GOUf 'tY OF F GIN ADMINISTRATIVE RATIVE 80MVIS Transportation Environmental Study Report Addendum Highway 401 & Highway 4 Interchange Improvements and Highway 4 and Glanworth Drive Underpass Replacements (GWP 3030-11-00) The Ministry of Transportation, Ontario (MTO) retained Dillon Consulting Limited to review and update the 2004 Transportation Environmental Study Report (TESR) for the Highway 401 Improvements and Preliminary Design Study from 1 km west of Highway 4 (Colonel Talbot Road) easterly to 1 km east of Highbury Avenue. The current study, which focuses on the Highway 401/Highway 4 interchange, recommends several changes to the 2004 TESR including: • Replace the Highway 4 Underpass to the east of the existing underpass • Replace the existing Glanworth Drive Underpass on a new alignment to the east over Highway 401 • Realign Burtwistle Lane and Tempo Road at Highway 4 • Realign Glanworth Drive and Littlewood Drive to a new intersection at Colonel Talbot Road north of the existing connection. As outlined in the enclosed notice, the study is complete and a TESR Addendum, summarizing the study process and recommendations, is available for public review from October 29, 2018, to December 10, 2018. Additional project information and an electronic version of the Addendum will be available on the project website starting on October 29, 2018, at www.hwy4011ondonbridges.ca. I CONSULTING 130 Dufferin Avenue London, Ontario Canada N6A 5R2 Mail: Box 426 London, Ontario Canada N6A 4W7 Telephone 519.438.6192 Fax 519.672.8209 Dillon Consulting Limited County of Elgin Page 2 October 22, 2018 If you would like more information, please contact one of the project managers named on the enclosed notice. Yours sincerely, DILLON CONSULTING LIMITED Brandon Fox, RPP for Jeff Matthews, P.Eng. Project Manager BJF:rrk Enclosure cc: Frank Hochstenbach, MTO Natalia Bartos, MTO Heather Mitchell, MTO Our file: 12-7110 Notice of Completion Transportation Environmental Study Report Addendum Highway 401 & Highway 4 Interchange Improvements and Highway 4 and Glanworth Drive Underpass Replacements (GWP 3030-11-00) In 2004, the Ministry of Transportation, Ontario (MTO) completed a Transportation Environmental Study Report (TESR) for the Highway 401 Improvements and Preliminary Design Study from 1.0 km west of Highway 4 easterly to 1.0 km east of Highbury Avenue. In 2012, MTO retained Dillon Consulting Limited to review and update the 2004 TESR for improvements to the Highway 401/Highway 4 interchange, and document changes in a TESR Addendum. As part of the current study, the TESR Addendum recommends the following changes to the 2004 TESR: • Replace the Highway 4 Underpass to the east of the existing underpass • Replace the existing Glanworth Drive Underpass on a new alignment to the east over Highway 401 • Realign Burtwistle Lane and Tempo Road at Highway 4 • Realign Glanworth Drive and Littlewood Drive to a new intersection at Colonel Talbot Road north of the existing connection. The study was completed as a Group "B" project under MTO's Class Environmental Assessment for Provincial Transportation Facilities (2000). In accordance with the requirements of MTO's Class EA, the TESR Addendum is available for public review from October 29, 2018, to December 10, 2018, at the following locations: Ministry of the Environment, Conservation and Parks London Regional Office 733 Exeter Road London, Ontario Tel: 519-873-5000 City of London Clerk's Office 300 Dufferin Avenue London, Ontario Tel: 519-661-2500 Ministry of Transportation West Region 659 Exeter Road, Lobby London, Ontario Tel: 519-873-4100 London Public Library Lambeth Branch 7112 Beattie Street London, Ontario Tel: 519-652-2951 London Public Library Glanworth Branch 2950 Glanworth Drive London, Ontario Tel: 519-681-6797 The TESR Addendum is also available online at www.hwy4011ondonbridges.ca Interested persons are encouraged to review the document and provide comments to MTO by December 10, 2018. If, after consulting with MTO staff, you have outstanding environmental issues with the TESR Addendum that have not been addressed through the Class EA process, you can request the Minister of the Environment, Conservation and Parks (MECP) to issue a Part II Order (i.e. "bump up") for this project. Any Part II Order request must be submitted to MECP by December 10, 2018, using a standard form developed by MECP. The standard Part II Order request form is available on the Ontario government Forms Repository website(http://www.forms.ssb.gov.on.ca/) and you can find it by searching "Part II Order" on the Repository's main page. A copy of the completed form and any supporting information must also be forwarded to MTO at the address below. If no Part II Order requests are received by December 10, 2018, the project will be considered to have met the requirements of MTO's Class EA and may proceed. Information collected will be used in accordance with the Freedom of Information and Protection of Privacy Act and Access to Information Act. With the exception of personal information, all comments will become part of the public record. Mr. Jeff Matthews, P.Eng., Project Manager Dillon Consulting Limited Box 426 London, Ontario, N6A 4W7 Tel.: 519-438-6192 Toll Free:1-888-345-5668, Ext. 1275 Fax: 519-672-8209 Email: hwy401 londonbridges @ dillon.ca I� DIL -ON CONSULTING: Mr. Frank Hochstenbach, P.Eng., Senior Project Engineer Ministry of Transportation West Region, Planning and Design Section 659 Exeter Road London, Ontario, N6E 1 L3 Tel.: 519-873-4549 Toll Free: 1-800-265-6072, Ext. 519-873-4549 Fax: 519-873-4600 Email: Frank. Hoc hstenbach@ontario.ca r� Ontario If you have accessibility requirements to participate in this project, please contact a team member. Des renseignements sont disponibles en frangais en composant Tania Farah,1-888-345-5668 ext. 1276. Avis d'achevement Addenda au rapport d'etude environnementale sur les transports Ameliorations de 1'echangeur des autoroutes 401 et 4, et remplacement du passage inferieur de I'autoroute 4 et de Glanworth Drive (GWP 3030-11-00) En 2004, le ministere des Transports de ('Ontario (MTO) a redige un rapport d'etude environnemental sur les transports (REET) dans le cadre de I'etude portant sur la conception preliminaire et les ameliorations de ('autoroute 401, de 1 km a I'ouest de ('autoroute 4 vers 1'est a 1 km a 1'est de Highbury Avenue. En 2012, le MTO a retenu les services de Dillon Consulting Limited pour examiner et pour mettre a jour le BEET de 2014 afin d'apporter des ameliorations a 1'echangeur des autoroutes 401 et 4, et de consigner les modifications dans un addenda au BEET. Dans le cadre de la presente etude, I'addenda au REET recommande les changements suivants au REET de 2004: • Remplacer le passage inferieur de ('autoroute 4 a 1'est du passage inferieur existant. • Remplacer le passage inferieur existant de Glanworth Drive sur un nouveau trace a 1'est de ('autoroute 401. • Realigner Burtwistle Lane et Tempo Drive sur ('autoroute 4. • Realigner Glanworth Drive et Littlewood Drive sur une nouvelle intersection a Colonel Talbot Road au nord de ('intersection actuelle. L'etude a ete realisee en tant que projet du groupe B, selon le processus d'evaluation environnementale de portse generale applicable aux installations de transport provinciales (2000) du MTO. Conformement aux directives de 1'evaluation environnementale de portae generale du MTO, un addenda au BEET sera disponible pour consultation aux fins d'examen public, du 29 aout 2018 au 10 decembre 2018, aux endroits suivants : Ministere de Ville de London Ministere des Bibliothi'.que publique Bibliotheque publique 1'Envirotulenient, de la Bureau du grefFer Transports de London de London Protection de la nature 300, Dufferin Avenue, Region Ouest SUCcursale Lambeth Succu sale Glanworth el des Pares London (Ontario) 659, Exeter Road, hall 7112, Beattie Sweet, 2950, Glanworth Drive, Bureau regional de T61.: 519 661-2500 d'entr6e, London (Ontario) London (Ontario) London London (Ontario) Tel.: 519 652-2951 Tel.: 519 681-6797 733, Exeter Road, Tel.: 519 873-4100 London (Ontario) T61.:519 873-5000 L'addenda au REET est aussi disponible en ligne, a I'adresse www.hwy40l londonbridges.ca Les personnes intsressses sont invitees A consulter le document et A faire parvenir leurs commentalres au MTO au plus tard le 10 d6cembre 2018. Si, aprbs avoir consult6 le personnel du MTO, vous avez des questions environnementales en suspens relativement a ['addenda au REET qui Wont pas et6 traitees dans le cadre du processus devaluation environnementale de portee generale, vous pouvez demander au ministere de I'Environnement, de la Protection de la nature et des Pares (MEPP) de reclasser le projet en dscrstant un arret6 prsvu A la partie II (c. -A -d., un renvoi vers le haut). Toutes les demandes d'arret6 en vertu de la partie II doivent etre soumises au MEPP d'ici le 10 decembre 2018 au moyen d'un formulaire normalise conpu par le MEPP. Le formulaire de demande d'arr6t6 en vertu de la partie II normalise est disponible sur le site Web du repertoire des formulaires du gouvernement de ('Ontario (htto:/1www.forms.ssb.aov.cn.ca ) et vous pouvez le trouver en recherchant « Part II Order , sur la page principale du rspertolre. lin exemplaire du formulaire dOment rempli et tout document a I'appui doivent egalement etre transmis au MTO A I'adresse ci-dessous. Si aucune demande d'arret6 en vertu de la partie II nest revue d'ici le 10 decembre 2018, le projet sera considers comme ayant respects les exigences de 1'evaluation environnementale de portee generale du MTO et it pourra aller de I'avant. Les renseignements seront recueillis conformsment A la Loi surl'acces a 1 information et la protection de la vie privee et a la Loi surl'acces a linformation. A ('exception des renseignements personnels, tous les commentaires seront versss au dossier public. M. Jeff Matthews, ing., gestionnaire de projet Dillon Consulting Limited Boite postale 426, London (Ontario) N6A 4W7 T61.: 519 438-6192 Sans frais : 1 888 345-5668, poste 1275 T616c.: 519 672-8209 Courriel : hwy401londonbridges@dillon.ca DIL -ON CONSWA ING M. Frank Hochstenbach, ing., ing6nieur de projet principal Ministere des Transports Region Ouest, Section de la planification et de la conception, 659, Exeter Road, London (Ontario) N6E 1L3 T61.: 519 873-4575 Sans frais : 1 800 265-6072, poste 519 873-4549 T616c.: 519 873-4600 Courriel : Frank. Hoc hsten bach @ ontario.ca traj r Ontario Si vous avez des exigences relatives A I'accessibilit6 afin de participer A ce projet, veuillez communiques avec un membre de notre Equipe. Vous pouvez communiquer avec Tania Farah, au 1 888 345-5668, poste 1276, pour obtenir des renseignements en frangais. Thursday, November 15th, 2018 Ms. Julie Gonyou Chief Administrative Officer/Clerk County of Elgin 450 Sunset Drive St. Thomas, ON N5R 5V1 Dear Ms. Gonyou, flll 911" � c s� r,,) i ltd F oiundatb"° The St. Thomas Elgin General Hospital Foundation requests an opportunity to give County Council an update on the activities of the Foundation. On behalf of the STEGH Foundation, I would like to wish you, the County Council and all County employees a happy and prosperous Holiday Season. Sincerely, Paul Jenkins Executive Director pjenkins@stegh.on.ca 519.631.2030 x. 2247 STEGH Foundation 189 Elm Street I St. Thomas, ON I N5R 5C4 p: 519.631.2030 x. 2246 1 w: ItsOURHospital.ca CRA # 89081 6846 RR0001 CORRESPONDENCE — November 27, 2018 Item for Information (Consent Agenda) — (Attached) 1. Dave Phillips, Town Crier 2018 Report to Elgin County Council 2. AMO, Federal Gas Tax Fund 2017 Annual Report 3. Township of Southwold, 2018 Recognition of Shedden Library Committee 4. TVDSB, School and Child Care Projects Delayed in Government Review Process 2018 Report to Elgin County Council Town Crier Dave Phillips Record of 2018 Events Attended April 14 Giant Tiger Re -Opening — St. Thomas Elgin Mall April 21 James Dunn Recognition - Dutton April 22 741 Squadron Banner Dedication — Elgin Regiment — St. Thomas May 17 Election Proclamation — St. Thomas — Grand Central Place June 1 Port Stanley Artist Guild — Port Stanley Legion June 2 741 Air Cadets — Parkside Collegiate — St. Thomas June 9 & 10 Rosy Rhubarb - Shedden June 15 & 16 Lead Character in Dunwich Scotch "Who Murdered the Town September 16 Crier?" — Dutton Dunwich June 24 Last Service for St. John's United Church - Dutton June 16 & 17 Dunwich Scotch — Fundraiser Skits — Wallacetown Fair Grounds July 1 Canada Day — Port Burwell, Dutton, Aylmer July 10 Opening Van Lahti's Cafe and Eatery - Dutton July 20 HMCS Oriole — Port Stanley July 27, 28 & 29 Provincial Championship —Amherst Island August 5 Fish Fry — 200th Anniversary Nelly Campbell Landing — Port Glasgow August 14 Opening S &S Dutton Variety - Dutton September 9 Crash site flagship Erie Commemorative — Lawrence Sta. September 16 Kirkin' o' the Tartans — Knox Church — St. Thomas October 20 John Kenneth Galbraith Literary Awards November 4 Remembrance Day - Shedden November 10 Remembrance Day, Evening Service - Dutton November 17 Santa Claus Parade — Dutton November 25 Open new Dutton United Church —former West Elgin Mutual Building 2018 has been a busy year for Town Crier Dave and wife, Jenny Phillips. We were fortunate enough to be able to attend the 2018 Provincial Town Criers' competition on Amherst Island just a short distance from Kingston and Wolfe Island. I encourage all to visit this historic beautiful island with the picturesque views of the St. Lawrence River and the quaint village and the dry stack stone fences like the Cotswold's in the UK. This amazing trip Jenny and I called our second Honey Moon, as a few weeks prior we celebrated our 50th Anniversary. Our thanks to the County Council and staff who were kind enough to have Warden Dave Marr deliver a commemorative certificate personally. We were both blessed to be well enough to make it this far on life's journey. We had major work done to our facade on our building, home of Village Crier Gallery, through the Elgincentives program. Thank you. This all means so much to us. With all the new Councillors on council I wanted to let all of you know that if you would like the services of a Town Crier at an event in your community, just ask. Town Criers only attend when and where they are invited. Either phone 519-762-2862 or email ignp phillips agolden.net. Jenny looks after all bookings. Jenny has had a great deal of interest over the years in our most notable Dutton Dunwich citizen — John Kenneth Galbraith. She raised funds and conceived the idea of a commemorative Inuksuk with bronze plaques on the road by his family's former farm. She lobbied to have the Dutton Library name changed to the John Kenneth Galbraith Reference Library and she initiated the Canada -wide John Kenneth Galbraith Literary Award after the passing of JKG in 2006. This year after the award night Jenny notified the Galbraiths that she is retiring from her position as chair and Dave will assist a new web master when they have one. Jenny will advise for the coming year but that is all. Jenny has many projects of her own that she wants to complete including paintings and books. There are no more health issues than normal. Thanks to all past and present Councillors for your encouragement and support. David Phillips Town Crier for the County of Elgin Purchase of 51 new public transit vehicles and refurbishment or replacement of an additional 148. Construction, rehabilitation :)r replacement of nearly 39000 lane -km of local roads - enough to drive from Thunder Bay to Ottawa and back. Development renovation or upgrade of 20 playgrounds, 11 community centres Construction, rehabilitation or and 10 arenas serving over replacement of more than 16 km 185,000 Ontarians. of sanitary and storm sewers servicing over 39000 residents. Construction, rehabilitation or replacement of more than 28 km of watermains, delivering clean water to more than 69000 residents and extending fire protection to 102 properties. Installation of energy-efficient retrofits in 32 municipal buildings and 109722 energy- efficient LED streetlights, saving 7 GWh energy - enough to power over 700 houses for a year. See Appendix A for more project results reported in 2017. uuum. e eIII fir I ri l e 1 VIII 0 uu� l' VIII �n aa' nN'c VIII mi �n � I September 28, 2018 Ontario's municipalities own much of Ontario's public infrastructure. This includes the roads, bridges and public transit systems that are essential to local productivity, recycling centres that divert waste from landfill, recreation facilities that help keep people active, and much, much more. It takes funding from all levels of government to ensure that this critical infrastructure is safe and up-to-date. The federal Gas Tax Fund provides permanent, dedicated funding to help municipal governments carry on that important work. In 2017, Ontario's municipal governments, excluding the City of Toronto, invested $607 million from the federal Gas Tax Fund, which supported 1,165 local infrastructure and capacity -building projects worth a combined $3.1 billion. This significant investment is helping to grow local economies, promote a cleaner environment and build stronger cities and communities across Ontario. How can we track the measurable benefits of federal investment in local infrastructure? When a municipality uses the federal Gas Tax Fund, they must report back to AMO on the specific outcomes that each project generates. For example, communities reported that investment in LED streetlight installations and building upgrades in 2017 saved enough energy to power over 700 houses for one year. Profiles of individual projects, including the benefits they produce, are evident throughout the report. A summary of benefits generated by projects completed in 2017 can be found in Appendix A. In addition to tracking our progress, AMO shares the local benefits of the Fund with Canadians by completing communications initiatives throughout the year. AMO works directly with municipal governments to produce videos, share information through social media and more. You can learn more about these initiatives on page 19. AMO has administered the federal Gas Tax Fund for more than a decade. Unlike most other infrastructure funding programs, the Fund is distributed on a per capita basis, without the need for an application. This successful administration model helps municipalities identify and fund local priority projects. It's a model that I'm particularly proud of. Association of Municipalities of Ontario 12017 Gas Tax Annual Report (Part 1) 1r IbIlle of Carterts Letterfrom the AMO President........................................................................................................................... 3 TheFederal Gas Tax Fund...................................................................................................................................... 5 Investments of the Federal Gas Tax Fund.....................................................................................................10 Benefits of the Federal Gas Tax Fund..............................................................................................................15 Sector Progress in Asset Management............................................................................................................17 SharingOur Story.....................................................................................................................................................19 GasTax Awards........................................................................................................................................................24 Risk Management and Compliance..................................................................................................................27 Appendix A: Project Results Reported in 2017............................................................................................29 Appendix B: Financial Statements...................................................................................................................33 This report describes how Ontario's communities invested and benefited from the federal Gas Tax Fund in 2017. The report is split into two parts. Part I summarizes investments, benefits, and AMO's approach to the administration of the Fund. Part 11 provides detailed financial information, compliance statements, and descriptions of projects supported by the Fund. Both parts of this report are available at www.amo.on.ca and www.gastaxatwork.ca 4 2017 Gas Tax Annual Report (Part 1) 1 Association of Municipalities of Ontario IIIIIV'�jl IIIIW #,i ;" "!NNl lkili Ill��ll Jf Gas ��, IIIIIV'�jl IIIIW x ;WNd;� fill l; III ��" ��" ��" Ilf III rIIG� �� I �� , A Ilb c,)) oto t; 1,ii e IIIA e de r a Ill Gas x III '°'r oti ri d The federal Gas Tax Fund provides permanent and stable federal funding for local infrastructure projects. Canadian municipalities receive over $2 billion from the Fund each year. Ontario's communities received $782 million in 2017. Federal Gas Tax funds can be used flexibly to address local priorities. Municipalities can invest funds in the construction, enhancement or renewal of local infrastructure, improve long-term plans and asset management systems, or bank funds to support future projects. Investing the Fund advances national objectives. Funds can be invested across 17 project categories to promote economic growth, strengthen communities, and improve the environment. Eligible project categories are listed below.' Broadband Connectivity Local Roads and Bridges Brownfield Redevelopment Community Energy Systems Public Transit Drinking Water Regional and Local Airports Solid Waste Short -Line Rail Wastewater Short -Sea Shipping Capacity Building Culture Disaster Mitigation Recreation Sport Tourism Rehabilitation of Black Bridge in the Town of the Blue Mountains. Replacement of Play Structures in the City of Cambridge. Highways are also eligible under the federal Gas Tax Fund, but are not listed in the table above because highways are provincially owned and maintained in Ontario. Association of Municipalities of Ontario 1 2017 Gas Tax Annual Report (Part 1) 5 T 1,ii e IIIA env e r a Ill Gas x IF»uri iind irii Orirtario The flexibility of the federal Gas Tax Fund allows each province and territory to have its own agreement with the federal government. Under the Ontario Agreement (the Agreement), the provincial allocation flows directly to municipalities on a per capita basis. Allocations are distributed in two semi-annual installments in July and November. Predictable, up -front funding from the federal Gas Tax Fund allows municipal governments to identify and fund local priority projects and plan for the long term. The Ontario model recognizes that municipalities are a duly elected, accountable and transparent order of government. In total, Ontario's municipalities will receive $3.8 billion from the Fund for 2014-18. AMO facilitates the distribution of approximately $3.1 billion. AMO transferred almost $620 million from the Fund in 2017 alone .2 The annual allocation that each municipality receives is contained in Part II of this report. An additional $10.9 million in federal funding was transferred directly by AMO to Ontario's municipalities in April 2017. These funds were announced in the federal government's 2016 budget and comprise uncommitted funds from legacy federal infrastructure programs. Municipalities may use the funds: • Towards the full cost of an eligible project; • To support an eligible project that benefits from other funding sources; • To save and/or invest for future eligible projects; • To finance long-term debt for eligible projects; • To accrue interest which can be applied towards eligible projects; • To develop and implement asset management plans, and; • To collaborate with other municipalities or non -municipal entities to fund an eligible project. Kiwanis Park Pool Renovation in the City of Kitchener. 2AMO administers the Fund to all municipalities in Ontario except for the City of Toronto. All subsequent references to communities, municipalities and local governments in this report are exclusive of the City of Toronto unless otherwise noted. 6 2017 Gas Tax Annual Report (Part 1) 1 Association of Municipalities of Ontario C°° l °"'1111'°° lll'liii IIIIIIIIIIII viii ii ii t IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIuIIIII�u� IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII Manser Road runs directly north and south Project Results: through the Township of Wellesley. It is used by heavy trucks from local industry and also serves as a bypass route from Woodstock to Alliston. The Township replaced a gravel stretch of Manser Road with hard asphalt. Paving this road has enhanced traffic flow, reduced dust and resulted in less ongoing maintenance. With the previous gravel road, the municipality had to apply chemicals in the summer to keep dust levels low. The freshly paved surface allows for a faster, smoother ride for all drivers. • 5.6 lane -km of gravel roads converted to paved roads • Average vehicle traffic speed increased by 10 kph during peak hours (from 70 to 80 kph) it *iii iii �I 1111 liii it � lll' iiia lll''' to ill ilii, viii i i 1111 iil 1I IIID Project Results: The brand-new Steve Kerr Memorial Complex officially opened in November 2017. The new facility replaced the older Listowel Memorial Arena to better meet local needs and includes an ice arena, community hall, indoor track and more. In addition to a place to improve on health and fitness, it has become a community gathering place. Modern, up-to-date recreation facilities play an important role in helping communities attract and retain residents and keep the community vibrant and healthy. • 5,000 residents with access to new recreation infrastructure Association of Municipalities of Ontario 1 2017 Gas Tax Annual Report (Part 1) arna mcycne ianes were installed. Replacement of a Watermain on Oxford St Stratford is irepla6ig ,aging 'infrastructure to deliver reliable and safe water to local residents. Over 400 in of watermain beneath Oxford St were replaced to provide steady service to nearly 1,000 residents. arnia is creating clean and Installation of afe spaces along the Energy -Efficient LED 'ity's, scenic' terfirontu Streetlights Centennial Park - located on former industrial lands - were rem edieted to remove contaminants seeping through the soil. Additional revitalization initiatives are underway. NorfA COUnty is Cutting energy consumption - and operating expenditures - by converting streetlights frog traditional fighting fixtures to energy-efficient LED fixtuires, Over 4,000 streetlights were instailled with energy savings exceeding 50% per year. Improvements, to the Duncan McDonalld Arena QuintWest is finding ways to make the most of existing infrastructure, A inew cover for the ice rink floor allows the City to quickly turn the Duncan McDonald Arena into a rnidlti-li)Urpose venlue to bring the cnmunity, together - both on and off the ice. Expansion of 10 -Train Services Ottawa is expanding O -Train services, to move commuters quickly and slustainably across, the City. Six trains with space for 260 passengers each were purchased to replace three older vehicles.'Track ii-nodifications were also completed to provide more frequent service, Development and Implementation ofa Mobile Fare Payment App York Region is making it easier to take public transit. The Region's mobile faire payment systit is Ca in ada's first: irst and has, already helped more thain 17,000 users enjoy a convenient and SUstainable commute. Construction of the Durham York Energy Centre Durham Region is partineiring with York Region to create einergy from waste, The Durharn York Energy Centre can process, up to 140,000 tonnes of residential garbage each year to generate enough eneirgy to power approximately 10,000 houses. linvestnient 14t 2017 M9MMEzMz::Z= Recreation $19.3 million Capacity Building $5.1 million 4 Disaster Mitigation $1.9 miillion Culture $1.4 milVion Sports $0.,7 m,illion Local Roads and Bridges $373�.,O miillion f(j Public Transit $118.i8 million Regional and Locail Airports $1.2 million Shoirt-fine Rail $0.2 miillion M9MMEzMz::Z= Recreation $19.3 million Capacity Building $5.1 million 4 Disaster Mitigation $1.9 miillion Culture $1.4 milVion Sports $0.,7 m,illion Tourisim $0,6 million M9MMEzMz::Z= Wastewater $29.2 million Community Energy Systems $211 million 4 Solid Waste $20.4 million Drinking Water $13.2 million Brownfield Redevelopment $0.5 miillion �f �IIIII II lit)IIV �IIIIIIIII III �f�IIIII Il�lit)UF' I �KI HS' 1111111 II IIuryUF' If,i ,1!)f ;WNd;� plll�i "!NNl�lkili � I r �Il Jf� Gas Jf� �s IIIIIV'�jl IIIIW+�r� x ;WNd;� I fill l; IN1 pWllla GU III �114uo dF'IW1�� 111111 �� , Safe, up-to-date infrastructure is an essential part of Canada's economic prosperity, long- term sustainability and quality of life. Municipal governments own and maintain much of the infrastructure that Ontarians rely on every day. This includes our vast network of local roads and bridges, public transit systems, drinking water and wastewater infrastructure, streetlights, parks and recreation facilities and much more. It's no secret that Ontario's infrastructure is under pressure. Much of it was built more than 60 years ago. Some communities are working to build new infrastructure to meet the demands of a growing population. Others must address the challenges that come with an aging population and shrinking tax base. All communities must adapt to more extreme weather, which can put a strain on aging sewer systems and other infrastructure. Municipal governments cannot rely on property taxes alone to meet local infrastructure needs. The federal Gas Tax Fund provides permanent, stable funding for local infrastructure, allowing municipal governments to meet local needs today and plan for growth and change over time. The next few pages explain how the federal Gas Tax Fund was used in 2017 and how federal investment in our local infrastructure is helping to achieve increased productivity and economic growth, a cleaner environment and stronger cities and communities. Rehabilitation of the Blackfnar Bridge in the City of London. Association of Municipalities of Ontario 1 2017 Gas Tax Annual Report (Part 1) 11 Ontario's municipalities invested $607 million from the federal Gas Tax Fund in 2017. This investment supported 1,165 local infrastructure and capacity -building projects worth $3.1 billion. Detailed project information is available in Part II of this report. Benefits generated by these projects are summarized in Appendix A. Municipalities have invested nearly $5.6 billion from the Fund since its establishment in 2005. Federal Gas Tax funds supported 8,118 projects worth almost $16 billion in that time. Federal Gas Tax investment is helping to grow local economies. Of the $607 million invested in 2017, 81% was invested in projects that support productivity and economic growth - a trend stretching back to the creation of the Fund in 2005 (Figure 1). Most of this investment - $373 million - was used to rehabilitate, widen, or extend local roads and bridges, reflecting the fact that road networks make up the majority of Ontario's municipal infrastructure. The renewal, upgrade and expansion of these networks continue to be a major need for most municipalities. Figure 1: Federal Gas Tax Investment (2005-2017) ( iiVVuons) $700 $6000 $500 $400 vs $300 200 LL $'loo $0 H Strong Cities and CCMMMUnities R � An additional 14% of the total investment was in infrastructure that directly promotes a cleaner environment, including pipes, sewers, energy-efficient retrofits, waste management, and more. Investment in capacity -building initiatives and culture, disaster mitigation, recreation, sports and tourism infrastructure make up the remaining 5% and is helping to build stronger cities and communities across Ontario. 12 2017 Gas Tax Annual Report (Part 1) 1 Association of Municipalities of Ontario As part of the annual reporting process, municipalities provide the total cost of each project supported by the federal Gas Tax Fund. This information allows AMO to calculate the funding leveraged for each project. For every $100 of federal Gas Tax funds invested in projects completed prior to December 31, 2017, municipalities have invested an additional $141 from other funding sources. This amount varies slightly across projects, between categories, and over time (Figure 2). In 2017, municipalities completed 669 projects with the support of the Fund; on average, $124 was leveraged for every $100 of federal Gas Tax investment. Figure 2: Federal Gas Tax Fund Leveraging (2015-2017) WhUU on ) $1,400 `1,200 R000 80 $600 $400 $ 200 $0 Some of this leveraging can be credited to the Fund's incrementality requirement. The federal Gas Tax Fund is intended to complement, without replacing or displacing, existing funding for municipal infrastructure. Municipalities cannot use federal Gas Tax funds to reduce municipal taxes or offset municipal infrastructure investments. Ontario's communities have met this requirement by leveraging the Fund - and have consistently invested more in local infrastructure than they did prior to the creation of the Fund. Municipal capital investment averaged $5 billion per year in the five-year period leading up the establishment of the Fund and over $9 billion per year in the five-year period preceding this report. Association of Municipalities of Ontario 12017 Gas Tax Annual Report (Part 1) 13 �,Zeselr es Municipalities are permitted to save unused federal Gas Tax Funds for up to five years. This practice means that the Fund has a larger impact on a municipality's ability to meet local infrastructure needs than funding delivered on a project -by -project basis. Banking funds gives municipalities the ability to plan for future infrastructure projects and smooths the impact of year-to-year fluctuations in other infrastructure funding. By the end of 2017, Ontario's municipalities had $780.8 million in federal Gas Tax reserves. AMO's agreement with each municipality requires unused funds to be stored in interest-bearing accounts or investments. Banked funds are therefore earning interest, and interest revenues have increased with the amount of federal Gas Tax funds in reserves. Ontario's communities reported interest revenues of $13.4 million in 2017 - and have earned $125.9 million since 2005. Interest revenues are treated as federal Gas Tax funds and are reinvested in federal Gas Tax projects. Figure 3: Federal Gas Tax Funds Held in Reserves (2015-2017) $600 LL $400 00 r M co $200 $0 105 '06 '07 '08 109 1110 "11 '12 '1 '1 '15 '16 '117 Reporting Year Rehabilitation of Baybridge Road CPR Overhead Bridge Replacement of Red Cross Para Transit Bus in the in the City of Belleville. Town of Collingwood 14 2017 Gas Tax Annual Report (Part 1) 1 Association of Municipalities of Ontario um it I+pp I��Nm lk r k Nm lk a uu IIID II Sas +M+;�UI� a uu ullll`�' k N��lk uuumr �f��k� "U�rv�� `Ur��k� III{ I'a mm�� 'a Us um Illl�un'U'f �� uuumr �l IIII{ mi! "U�rv� IUIDN!U� `UrNrr,� IIII{ �! �Nrr,� �I ��! �Nrr,� IIIIeas u iii Iii n g Ili",'le neii`lii' ,s By reporting on project results, municipal governments demonstrate how federal investment in local infrastructure is helping to meet the national objectives of increased productivity and economic growth, cleaner environment and stronger cities and communities. AMO, in consultation with municipalities and with the approval of the Fund's Oversight Committee, developed a series of output and outcome indicators to measure the benefits of each infrastructure investment. Municipalities began reporting benefits generated by federal Gas Tax investments under these new indicators in the 2016 reporting year. AMO released an Outcomes Report detailing the results achieved by investments of the Fund made between April 2014 and December 2016. A copy of the report is available on our website at www.amo.on.ca. Municipal governments completed over 2,000 projects worth a combined $2.7 billion with the support of the federal Gas Tax Fund during this time. Over $1.3 billion was financed by the Fund. The Report details the ways in which infrastructure projects supported by the federal Gas Tax Fund delivered economic, environmental and community benefits across Ontario. Over 9,000 lane -km of local roads were rehabilitated or reconstructed - enough to drive from Kenora to Cornwall and back twice. LED streetlight installations and building upgrades saved enough energy to power over 2,400 houses for a year. Investments in recreation facilities encouraged an additional 1,200 residents to get active in fitness programs. Significant progress was also made in asset management. Almost all municipalities now have an asset management plan covering at least core infrastructure, as described in the next section of this report. Communities primarily invest federal Gas Tax funds to maintain infrastructure in a state of good repair in alignment with these asset management plans. Ili',",'lenefii' s Gerieir ated iii riiu 20"171 Municipalities continued to rebuild roadways, install energy-saving retrofits, and improve recreation facilities in 2017. Benefits generated by projects completed in 2017 are summarized in Appendix A. Association of Municipalities of Ontario 1 2017 Gas Tax Annual Report (Part 1) 1s c°"III' °°'IIIc°° lll'liii�l �IIIIIIII ��iiil III li i iii i � Illl iiil ili 1 Project Results: • 180 square metres of replaced bridge Emiry Road services local residents and agricultural businesses, including dairy farms, pick -your -own strawberry farms, and a pumpkin farm. The Emiry Road Bridge had been given a reduced load rating due to the deteriorating condition of the wooden structure. The wooden bridge was replaced with a new pre-engineered steel bridge. The new bridge provides better access for residents and agricultural businesses, which are integral to the local economy. • Average vehicle traffic speed increased by 10 kph during peak hours (from 60 to 70 kph) till'liii IIII IIID lii D iiiliii iiia The Community Archives of Belleville and Hastings County preserves the community's history through the records of local governments, individuals, families, businesses, and organizations. The 5,000 square -feet accessible space is housed in the Belleville Public Library and has climate -controlled storage areas packed with high-density mobile shelving that offer lots of room to store future donations to the collection. Hastings County residents can learn more about local history by attending outreach events led by the Archivist. The Community Archives also attracts tourists to the area with about 5% of visitors coming from out-of-town to learn more about their ancestors. Project Results: • Increase in number of cultural events held each year (from one event to seven events) • 66% increase in number of residents participating in cultural activities (from 403 to 669) 16 2017 Gas Tax Annual Report (Part 1) 1 Association of Municipalities of Ontario ��ft 44 1 r o "'�Uu a ilNl�iv� "N�Mi� � II�r IN'. I Ir °U i� i VIII Asset 01,iiallelnigesto ll iin e ; iril f��;�ir ;. Local infrastructure delivers the water that we drink, connects our families and communities, and brings us together for recreation and play. Much of this infrastructure is over half a century old and in need of upgrade or replacement - but funding is limited, our population is aging, and extreme weather events are increasingly common. Municipal governments face myriad challenges in delivering services. And while some challenges affect all Ontarians, others are local. Communities with declining populations are expected to maintain a stable pool of infrastructure with a shrinking tax base; rapidly growing municipalities are expected to build new infrastructure to meet surging demand. These pressures shape each community's approach to local infrastructure investment. Rapidly growing municipalities often turn to development charges and debt to expand services - but are left in the lurch when growth slows or fails to meet expectations. Declining municipalities tend to avoid debt, but rely on transfer payments from other levels of government to maintain infrastructure. These trends are described in research completed in 2017. Learn more by reviewing the latest report on municipal infrastructure investment and financial sustainability. A copy of the report is available on our website at www.amo.on.ca. Asset at d III »ur iii ii��i � ii��i iii M� Ill S ust a iii riia b iii Ill iii t Communities can draw from a common toolkit to overcome their unique challenges. Strategic use of debt, for example, can ensure that we each pay for a fair share of the infrastructure that we use - now and in the future. Wise use of reserves can smooth year-to-year variations in the availability of funds. A coordinated approach to asset management can ensure that municipalities deliver appropriate levels of service to residents at a sustainable cost. Asset management is, in fact, essential for financial sustainability. All municipalities manage their assets, of course, and have done so for years; asset management, as a practice, provides a means of managing assets in a structured way so that asset performance, costs, opportunities and risks are balanced with the provision of sustainable levels of service. Association of Municipalities of Ontario 1 2017 Gas Tax Annual Report (Part 1) 17 Asset III'��' M�li��l ,�qui��li��l°��;�li��l ; arid f,Ili e F Iti r d The federal Gas Tax Fund provides critical support to advance municipal asset management practices. Local governments used $30 million from the Fund between 2014 and 2017 to develop asset management plans, collect data describing the condition of assets, and drive other capacity -building initiatives. Use of the Fund is also subject to terms and conditions set out in the Agreement - which include requirements for the implementation of asset management systems. Communities were required to develop and implement asset management plans; they are now expected to use these plans to guide infrastructure planning and investment decisions. Municipalities must also demonstrate how federal Gas Tax funds are being invested in priority projects. This guidance and support helped municipalities create and expand asset management plans. A little over half of Ontario's communities had an asset management plan in place by the end of 2013, and these plans typically covered only roads, bridges, pipes and sewers. By the end of 2017, all but one municipality had an asset management plan, and these plans often also covered facilities and other assets. Research commissioned by AMO confirms that some communities have more than doubled the scope of their asset management plans since 2013. Learn more by reviewing the research available on our website at www.amo.on.ca. III Ze � �;� li��l ,III" lig" ;qui lig , , Ili lin t Ilii of Asset Systerris Communities are now focusing on the development of asset management systems. In response to AMO's 2017 questionnaire on asset management, prepared in consultation with AMO's asset management working group, municipalities indicated that they are training staff on best practices in asset management, creating governance structure for cross -departmental collaboration, and sharing resources with neighbouring municipalities. AMO will continue to monitor the municipal sector's progress in the development of asset management systems as required under the Agreement. Research projects described above, along with questionnaires completed by municipalities in 2013 and 2016, are being used as a baseline to assess progress. AMO additionally collected all municipal asset management plans in 2017 and is currently reviewing these plans to identify gaps and determine training needs. AMO will use the insights gained to help municipal staff adopt international best practices and develop asset management systems aligned with their strategic plans. 18 2017 Gas Tax Annual Report (Part 1) 1 Association of Municipalities of Ontario O uIIb ��`� �� t aVIIIPy AMO works directly with the Government of Canada and municipal governments to ensure that Canadians can access information about how the federal Gas Tax Fund is invested in their communities. AMO facilitates communications related to the federal Gas Tax Fund in several ways, including maintaining an up-to-date database of investment in Ontario, sharing information through social media, working directly with municipalities to share details about individual projects, and much more. The results of our efforts to share our story with Ontario residents, members of parliament and the media are detailed below. IIS rii 20"171 News Releases and Media Events AMO works directly with municipal governments to spread the word about local investment of the federal Gas Tax Fund by issuing news releases and/or organizing media events to announce a local project milestone. In 2017, Infrastructure Canada, AMO and municipal governments worked together to issue 13 news releases and facilitate two media events. This work resulted in local media coverage that recognizes the importance of federal Gas Tax investment in community infrastructure. Resurfacing of Whalen Line in the Municipality of South Huron Association of Municipalities of Ontario 12017 Gas Tax Annual Report (Part 1) 19 Federal Gas Tax Fund helping the City of O�ttawa provide tnore Accessible, transit. - Ottawa, Ontario I March 31, 2017 With supluvt froul tile Weral Gas Tax Fund, [fie City of'Ottaiva was able to replace Para 'I'ranspos agin g JIM of rnimanll uscs wilh $2 riew vehicles,'Ibis iniportant lif ell ne provides door- to-doo r tra"Sporta- tion service -s lot residents, who� are unable to use ctinveritional Imsem hvvsfing hi pubtic trams4 is key to connedink,,, and pL-v0diRq, die uotMe class wikfi imi-vawd ojq4irhjuitfe,k Fxery day, Canadrons Lount on acare ,ad :,Ie and wellsnt trumft systean to VI to rmonllw, vodr loved Lineq aud.,usc�, rounmuirRy servicv�, Wfth suppott henna the icderal f, asMcK Fund, dic ( Av of Ottawa was able up as lace Vera Tnjuspo% aging fluel ofndmbivm, wilh V nv% vehides. This irny4irwA fifdinv r„vwkfvs (Wir to dc,or tnansporiation w0ces fin rvsidertr� who Lov iwalflk to use L:orivvnilowl boses, Federal Gas'RIX sItpPorts local road and capital projects,in Sinicoe County. - (','ounty cal suturae, 1:1 ,laxly li), 2017 The County of Siraicoc is, lil eased to willounce (hat it will receive $8.4 n,i ill ion fro ni Elie Governinen t of Canada through [lie fcdcral GasTax Fund (GIT) to support vital commu - rarity' pr(ljects in 20117. AppnWrruireiy $53 miffion ofthe UFF +nonhibu- lions wfli be applied u-) enhance Riiuiv road reh'A'Ahroliki” ProiVets fluouglioul the C"ounvy, Whflv $2 o mflfion will support two sisialiuvitt rcmis and nra, risportation capRa[ proleos includlng Ovu Wye Rivet Noffli Rflligc kekabjMmitoi fifojw,o and ibe recouh,trucfon ofCouWRoad 17 born Sovern FAS north k) the Btrj"hute, Citi of London receives $22.3 million investnient froin Fe d en,� C) as Tax fu n d. - Global News I August 26, 2017 (ATF funding supports, hundreds of local infrastructure projects across Ontario cadi year. Ili ]Nfly, , the Gltwun- nient, of C",ailada delivered the first, of two annual $391 rnillion GI'Fim',tall- ments to Ontario, Ore task , y MH use sorric of yh& Aocaficin no fund lhrve imporiikw local projvch" 1huN mdudes $4,5 mflhon 9,or Ow refia0flik"16on of %leteransMeLooHM RAwry, , $5 nflHkm fm water :Md W Wel rqbcvuntW ovject" 00 Dun daw Street, to f e JoHowed hy rood on ,,khm,Ak woirk,;,And $2-11, milholl firm the inswHailon ofnew water, road and pudeArian on Byron Ba,,,ehne According, to the lloflia Ole Flon&ls Stmt'l and 0yWoll B,vwfine pioluds wIll awes Wve nujor enluncenrents In pcdeMrim Wrastrucuvarrd Wke IwRM Calledion irivests Federal GasTax 1-1 unds in local infrastrUCtUre. I- Caledon News 1, October 29, 20 17 'llic "Fown of Caledon is investing rni H ions of dollars froni fccleral as to funding into local infrastr tic tu re projects. Ili 210,16 aloric, over $23 ni ill ion was spen t to repair bridge,,.,,, fix sidewalks and restore roads. V�+od to knau, that whem yoo 611 Lip tuuv i,m� Liii�, i poriic'm of t1iot "unley is hop�ng to luurd. afti,m] h i I raMauciture, hlw roads and bridges, hi our Town" said Mayor AMm flmoip,%on, I wmfl tothank aud the effojisofour AMO imunk1pnt 1xii uwrs for a mmesshifl advocacy curnp,dgri evhkh IvgIfted in thk First, phase of Colborne Street constrUctiO.11 tO be cornp,let ed, by end of year. - The Welhington Advisor Septeniber 112, 20 17 The reconstruction ofColborne Strect 1"forn Geddes Stract Not,th to Queen Street is uriderway now and will bring significant improvenlents, to historic dowrttown Elora, officials, say. WWI sitryin t Inooll d fcdcral GISTiX Fond, Work on Goflmrne Street Wffl tfiCtjo&L�u nj)tacvvnem d the waWr ruahi_kajijtary ewers, and slolin sewers, ovW corwretc Curbs oral guturs oud usphWt povtug of flic wIreel, I era ,Orect parking, traffia, cAmiup, reasujv,, "VW 4.uwroe ^sjdeNvaH,,-% and �'Auc'orafivv, heritage style Mn -et Ughfing in,iivoy'vrrLents� and - patking wid, sidewafl, kryout that wilf be arranged lo ,icconimodme i large eximing adi lrke, wbich ib vmdergping nreatrrem for aw entent(I bore) CAwisiruc0on MH tw comp hned by flie end or 2M7 w0i dw hiltall fayer ofasphAf k'i be CoffiPkwJ in 2018, iouiv4O[L offidalss',q. jlisV nest taj fljtP , pt'Cr is $r";48, tg,t eVilaj $ -4 1,500 coining Croon the fedoal Gas Ixx Fund, Federal Gas "fax Fund and the OntarioCommunity 11-ifi-astructure Fund help improve water at'id sewer systems in Gananoque __ r1o,, n News C May 26, 2017 Uje-lo4ule w,.tAtvr aTid w,esIvW,,dvr is (SWWid] r0f ShIfL' drfilkillg WALOT-ATI(I CIVOo to watenvars, With -mjpporfroKin flic d'cclejral (,as Dx fund and the Outaalma Comillrutity hfllasierrotli-V t"loid, ific Town ofGamriloque hos opguodol wMer, wastmater and sloe in water syn, enis on Vickorkq Aveiiue. W(,)j,,k on Vioono Aveuks,� hicht6d rtphiamew (if a 100 -year o[d water inain and a 7(o,year oW stm nn wursya,nvrn, IlLe exiskn),g.sanffary 5CM10 MR) munkojes WeYv qN0 mphu;Cd aild &' rmd was iufly iwonstructed, Social Media Like many organizations, AMO is focusing more and more on producing social media content to share information about the federal Gas Tax Fund and engage with people online through a dedicated Twitter account, @GasTaxatWork. AMO coordinates its efforts with Infrastructure Canada and individual municipal governments to maximize reach online and spread the word. In 2017, @GasTaxinOntario earned: 933followers 241 re -tweets, likes and replies 88link clicks 40415 7,4,A, has a long: term Plan for local Despite the chilly temps, W—k!r flC� r1- itit, "the ,,(�DNyofBrraitfi.,,d inveets 4f,,mdoi 'ACIT lin infra,,Mrucfure, fhanks in parl to the projects are sbil ongoing across Ontario, Find public transit, inckjdkig adding new buses to ftff,tkaal(M-� yuuhubp roin/vii, h 1 projects in your community using our the fleet & improOng bus stop accessibRfity ,,,-aK,j2"A '0, � N F mapping foof� Y'mt Association of Municipalities of Ontario 1 2017 Gas Tax Annual Report (Part 1) 21 Videos You Audiences are consuming content through video more than ever before and ""' AMO has been producing videos to share federal Gas Tax Fund stories since 2013. In 2017 AMO produced four unique videos to highlight infrastructure in six Ontario communities: - The City of Waterloo's Asset Management System - New Recycling Centre in the City of St. Thomas - Kincardine's Leachate Treatment Facility - Tracking our Progress: Reporting on Federal Gas Tax Fund Outcomes (featuring the City of Thunder Bay, the City of Kitchener, and North Frontenac Township) 22 2017 Gas Tax Annual Report (Part 1) 1 Association of Municipalities of Ontario Gas Tax at Work AMO continues to maintain www.gastaxatwork.ca - an online database of federal Gas Tax project information. The unique mapping function gives users information about exactly where and how the Fund is invested in Ontario communities. The website also includes general information about the Fund as well as links to videos and news releases. A new website and mapping tool is expected to be launched in 2019. p1)y)! W Of MUM l yA Pi.'f49 XkM GI'WPdWk °�•""m a m ", •, •°, FWI11AkiS9iiW4ml ,1 ,,,, ;. „ , „ , , !VY /XVi �! � ✓!1 .M.""4: PY � � ,! ��X 11 I /I fl �^"� . •� t 114 QA flt9'dtl MR � ,'kR aS � ��. .., Ay 5�=� ., w. , .. ,,,„, ,, . , ,,,. ".., ,g �� 4Ya°" *'. �e.� ry wimwwnw•mxa :wavy ruawW uwmuwu✓ta .,.x✓�w�nww...wSyg�a.�!'i�f�/il/�/%l�il%%1%%1%%1%%l�il�ilii//////////�{/„F„ A(yFn�»!r(fiwswawr� ,rr,%4, �/„�, /%//T%J//fJw.wm6,�w�fW”'vuw'�.!//'r//r///////%//%//%//%//%//%////////%//%//%//l daild�6w.w s�rwwl�'��«l'�'.'7JX%Il9 `; a umx mrs.aaw:w��.. Education Part of AMO's role administering the federal Gas Tax Fund is to ensure that municipal governments have the information that they need to effectively report on local investment, including reporting on project outcomes. This serves as the foundation for AMO's work in sharing the local benefits of the Fund in communications across Ontario. AMO shares program updates and other information directly through email, through the WatchRle (AMO's weekly e -newsletter), at municipal education forums, by producing videos and on -demand webinars and through social media. Program information and detailed reporting instructions are available 24-7 at www.amo.on.ca. In 2017, AMO and Infrastructure Canada delivered a special education session at the AMO Conference in Ottawa. AMO also delivered presentations related to the Fund at conferences for the Canadian Network of Asset Managers (CNAM), the Municipal Finance Officers' Association (MFOA), and many local events across Ontario. AMO staff also participated in several knowledge -sharing sessions with Asset Management Ontario and the Federation of Canadian Municipalities. Association of Municipalities of Ontario 12017 Gas Tax Annual Report (Part 1) 23 Gasmou ulu Tax �°��°II�! ,� �� ,� xAwards AMO Gas Tax Awards are given out each year to municipal governments that demonstrate excellence in the use of the federal Gas Tax Fund. The Awards highlight infrastructure projects that make a difference in our communities by addressing local needs, creating economic growth or achieving environmental outcomes. All nominees were evaluated by an Awards Committee based on how the project: • Advances national Objectives - by boosting productivity and economic growth, promoting a cleaner environment, or strengthening communities; • Supports long-term planning - by building capacity for planning and asset management, addressing long-term needs, or generating long-lasting benefits; • Addresses local needs - by creating wide-ranging community benefits that meet the diverse needs of multiple residents and businesses; and • Leverages the Fund - by combining federal Gas Tax funds with other sources of funding to achieve greater positive outcomes. 2018 Winner. The Town of LaSalle's Water Meter Replacement Project. 2018 Winner. Clearview Township's Public Transit Project. Clearview Township invested the federal Gas Tax Fund in launching a new municipal transit service. By launching a transit service now, the small community of 14,500 residents is meeting today's needs while planning for growth that will happen in the future. Transportation in rural communities can be a challenge for those without regular access to a car. With help from the federal Gas Tax Fund, Clearview has been able to implement an affordable, reliable transit system that gives residents options for getting around town. The bus route was planned so that it serves all major points of interest in the Town of Stayner, including Town Hall, grocery stores, parks, residential areas, retirement homes, schools, medical centres and more. Bus stops are located so that all residents can access them within a 3 -5 -minute walk. "The Government of Canada is committed to working with municipalities to ensure that they are ready for tomorrow's challenges. The federal Gas Tax Fund allows municipalities like the Township of Clearview to invest in public transit infrastructure projects that help build strong, sustainable communities now and for decades to come." - The Honourable Fran�ois- Philippe Champagne, Minister of Infrastructure and Communities "The federal Gas Tax Fund helped Clearview launch its first transit system. Our bus route serves a community of about 4,500 but we already have 600 riders per month. Investing in transit now will allow us to enhance the service over time as our community grows." - Christopher Vanderkruys, Mayor of the Township of Clearview Association of Municipalities of Ontario 1 2017 Gas Tax Annual Report (Part 1) 25 The Town of LaSalle invested $2.2 million from the federal Gas Tax Fund into replacing 85% of its water meters that were not providing accurate readings. The new meters allow staff to identify abnormal water use patterns at any time, leading to early leak detection, less water usage and ultimately, lower water bills. The Town has also brought utility billing in-house to better serve residents. Water customers now have a one-stop shop for any service or billing requests and can also access their accounts online. This new system is more convenient for residents and allows for better customer service. "The Government of Canada is committed to working with Ontario municipalities to ensure they receive the support they need to build strong and vibrant communities. The federal Gas Tax Fund gives municipalities like LaSalle the flexibility to invest in infrastructure projects that address local needs and create a more sustainable future for its residents." - The Honourable Fran�ois- Philippe Champagne, Minister of Infrastructure and Communities `Investing the federal Gas Tax Fund in 10,300 new water meters has led to a better experience for local water customers, and a reduction in water loss due to more accurate billing. We have also decreased our own costs by bringing the meter reading, billing and collection in-house." - Ken Antaya, Mayor of the Town of LaSalle 26 2017 Gas Tax Annual Report (Part 1) 1 Association of Municipalities of Ontario IIIIII�p�4i iii VIII'`°"' age VIII °�If"�fI � VIII''°"'i "N��,'� �iit� VIII''°"'i �,� �� " VIII °�If"�fI �r, IIIIII ��ft� VIII' i >�,u� Wihi, r�rm mi m"� �ii� trmi A III4 01s III�,Z iiis Ill"; III4' a ri a g iinInie it t IIIA iii" a rriewo iii"°Ill"; The Agreement establishes terms and conditions on municipalities' use of the Fund. AMO uses a risk-based approach that minimizes municipal administrative costs and recognizes municipalities as a mature order of government to monitor compliance with these requirements. The approach is defined by AMO's risk management framework. The framework combines policies, plans, processes and education. These components collectively state AMO's goals and objectives pertaining to risk management, describe responsibilities and procedures for managing risk, and guide the development of training materials for municipal staff managing federal Gas Tax funds. The framework is reviewed annually. Components evolve as the framework matures. A�'° se'° s IIS rii g � Z IIS s k Municipalities complete a questionnaire each year when reporting their use of federal Gas Tax funds. The questionnaire asks if specific financial policies and standard operating procedures relevant to administration of the Fund have been implemented. Responses are used to assess compliance risks and target AMO's efforts to manage risks. IIN� a iv iii a a Iii a i� Car i p Ill iii aric e A minimum of ten per cent of municipalities receiving federal Gas Tax funds through AMO are selected each year for a compliance audit. Municipalities are randomly selected by AMO's auditor, Grant Thornton LLP, in accordance with established selection criteria. Audits are completed by Grant Thornton LLP or Collins Barrow LLP. Compliance audits confirm that terms and conditions on municipalities' use of federal Gas Tax funds are met. Auditors additionally attest to the accuracy of responses to the questionnaire described above. Summaries of the compliance audits completed for the 44 municipalities selected in 2017 are available in Part II of this report. XII4' 0ris ; aat i pIll iiiatice Audit The Administrative Agreement also establishes terms and conditions for AMO's administration of the Fund. A compliance audit is conducted each year to confirm that AMO has fulfilled these requirements. The compliance audit for the year ending December 31, 2017 was completed by Grant Thornton LLP. The audit confirms that AMO has complied with terms and conditions set out in the Administrative Agreement. A copy of the audit is included in Part II of this report. Association of Municipalities of Ontario 1 2017 Gas Tax Annual Report (Part 1) 27 Project Results: The Town of Tecumseh extended a sanitary sewer along Pulleyblank Street, Crowder Court and Moro Drive. This is a multi-year, multi -phase project to transfer local industrial properties from failing septic sewage systems to new sewers. This phase of the project brought new services to 23 properties - all part of a local industrial park. Before this project began, the businesses could not expand over their existing septic tanks, meaning they were unable to grow local operations. This investment in sanitary sewers opens up the possibility for future development, including private expansion on each property. • 2,240 metres of repaired, rehabilitated or replaced stormwater sewers • 940 metres of new sanitary sewers ''1111"'' llllliii�� llll iiliiii Illliiiiiiii iii IIll ilii iii ii l ity U13gill ades The Clarendon Miller Community Hall is a gathering place for residents in the rural community of North Frontenac. The Hall is part of the Clar-Mill Community Centre, where residents can access a walking trail, playground, rest area and the Township's war memorial where a Remembrance Day ceremony is held each year. This project involved paving about 2,700 square metres at the Community Centre property to stop water from running into the park and playground area and provide a smooth surface that is more accessible for people that use wheelchairs. The improvements have enhanced the overall accessibility of the Community Hall. Residents that were previously unable to attend community events due to accessibility barriers can now access the Clarendon Miller Community Hall with ease. Project Results: • 1,800 residents will benefit from the investment in recreational infrastructure • Increase in annual number of visitors to the community (from 1,000 to 2,000) 28 2017 Gas Tax Annual Report (Part 1) 1 Association of Municipalities of Ontario A p p e iii°, rl d b( A: 1� IIr oji ecilh)UF' R eIs u t RM IN2017 Ilhinivestrirfarl irii " a at i p Ill e t env III) r oj ec,s Municipalities completed 622 infrastructure projects in 2017. The table below illustrates the distribution of these projects - and the funds that supported them - across project categories.' $1,084,279,661 Municipality of North Perth's Steve Kerr Memorial Complex. Streicher Line Paving Project in the Township of Wellesley. LED Streetlight Conversion in the City of St. Catherines. Cumulative federal Gas Tax investment is shown to the end of December 31, 2017 - but financing is ongoing for 31 of the 622 projects that completed construction in 2017. Association of Municipalities of Ontario 1 2017 Gas Tax Annual Report (Part 1) 29 I )roject 11��,ZevuIICtn Municipalities report results achieved by infrastructure projects supported by the federal Gas Tax Fund when construction is completed. Results achieved by the 622 infrastructure projects that completed construction in 2017 are described in the tables below. Area remediated, decontaminated or redeveloped (ha) 1 6 Volume of contaminated soil removed (m5) 1 250 Volume of contaminated water removed (ML) 1 19 Number of buildings retrofitted 25 32 Number of buildings built with energy-efficient materials or systems 2 3 Number of LED street lights installed 12 10,722 Increase in annual energy generation (kWh) 1 509 Reduction in annual energy consumption (GWh) 29 7 Reduction in annual fossil fuel consumption (ML) 8 106,826 Reduction in annual greenhouse gas emissions (tonnes of CO2e) 2 108 Number of residents with access to new, rehabilitated or replaced water distribution pipes 21 6,334 Number of new, renovated or upgraded arts facilities, libraries and museums 3 5 Number of renovated heritage sites or buildings 1 1 Increase in annual number of visitors to the community 1 31 Increase in number of cultural events held annually 3 12 Increase in number of residents participating in cultural activities 4 1,319 Number of businesses positively affected 1 10 Length of new watermains (km) 8 6 Length of rehabilitated or replaced watermains (km) 23 22 Reduction in average daily water leakage (ML) 1 1 Reduction in days in which boil water advisory was issued in a year 1 2 Increase in number of households with water meters / transmitters 2 10,320 Reduction in annual number of watermain breaks 11 24 Increase in number of properties connected to fire hydrants and/or with fire protection 6 102 Number of residents with access to new, rehabilitated or replaced water distribution pipes 21 6,334 Volume of drinking water treated to a higher standard (ML) 1 108 30 2017 Gas Tax Annual Report (Part 1) 1 Association of Municipalities of Ontario Length of new paved roads and gravel roads converted to paved roads (lane -km) 47 183 Length of new unpaved roads (lane -km) 5 18 Length of rehabilitated unpaved roads (lane -km) 46 371 Length of rehabilitated or replaced paved roads (lane -km) 269 2,346 Length of roads with improved drainage (lane -km) 116 543 Increase in length of paved roads rated as good and above (lane -km) 264 1,937 Increase in length of unpaved roads rated as good and above (lane -km) 39 284 Average change in average vehicle traffic speed during peak hours (%) 85 31 Increase in capacity of sand or salt storage sites (tonnes) 2 6,044 Number of intersections with advanced traffic management systems 11 24 Number of residents with access to new, rehabilitated or replaced roads 144 1,404,566 Number of residents with improved access to highways or neighbouring municipalities 81 737,330 Bridges and Culverts Number of new bridges and culverts 6 9 Number of rehabilitated or replaced bridges and culverts 59 195 Surface area of new bridges and culverts (ml) 6 4,011 Surface area of rehabilitated or replaced bridges and culverts (ml) 50 13,987 Increase in surface area of bridges and culverts with condition of the primary 53 14,565 component rated as good and above (ml) Number of residents with access to new, rehabilitated or replaced bridges and culverts 35 697,183 Length of new bike lanes (m) 1 86,415 Length of new sidewalks (m) 8 3,258 Length of new walking trails (m) 1 126 Number of rehabilitated or replaced pedestrian bridges 1 4 Length of rehabilitated or replaced sidewalks (m) 11 24,665 Length of rehabilitated or replaced walking trails (m) 1 60 Length of rehabilitated or replaced multi -use trails (m) 1 957 Surface area of rehabilitated or replaced pedestrian bridges (ml) 1 120 Number of residents with access to new, rehabilitated or replaced bike lanes, 22 981,986 sidewalks, hiking and walking trails, and/or pedestrian bridges 3 Number of new public transit vehicles 7 51 Number of rehabilitated, refurbished or replaced public transit vehicles 7 148 Increase in number of accessible vehicles 4 33 Increase in number of accessible transit facilities 1 1 Average increase in annual number of regular service passenger trips on conventional 2 1 transit per capita Average increase in annual revenue vehicle kilometres per capita 3 11 Decrease in average age of fleet (%) 5 27 Number of residents with improved access to transit facilities 1 4,029 Number of transit facilities with accessibility or service upgrades/enhancements 4 17 Number of transit vehicles with accessibility or service upgrades/enhancements 5 61 Association of Municipalities of Ontario 1 2017 Gas Tax Annual Report (Part 1) 31 Number of new, renovated or rehabilitated comfort stations, picnic shelters 11 29 and playground structures Number of new, renovated, rehabilitated or upgraded arenas, community centres, 18 32 fitness facilities, pools, sports fields and sport -specific courts Increase in annual number of visitors to the community 3 525 Increase in annual number of registered users 5 5,201 Capacity of new, renovated, rehabilitated or upgraded fitness facilities, arenas and 6 10,762 community centres Number of businesses positively affected 14 340 Number of residents who will benefit from the investment 25 413,412 Number of new blue bins 2 2,808 Number of new garbage or recycling trucks 1 1 Number of new landfill facilities 1 1 Number of new waste incineration facilities 1 1 Number of rehabilitated or expanded landfill facilities 2 2 Increase in number of households participating in recycling or organics collection 4 11,139 Increase in total waste collected, disposed in landfills, incinerated and diverted 4 108,366 from landfills annually (tonnes) Increase in volume of methane gas captured annually (m3) 1 1,315,948 J / 1� I f 1 I�III II IIIIIIIIII�II111�fllull�lllfllll�ll�llllllfffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffff��(lll�(�l((f(��lfff�(fff(fffffff��(fff�ffff(fffff�ff�� Number of businesses positively affected 1 4 Length of new sanitary sewers (m) 3 1,798 Length of new stormwater sewers (m) 12 7,639 Length of rehabilitated or replaced sanitary sewers (m) 17 11,613 Length of rehabilitated or replaced stormwater sewers (m) 18 10,785 Change in reserve sewage treatment plant capacity (ML) 1 511 Change in serviced area protected by green infrastructure (ha) 1 2 Change in number of residents serviced by stormwater/sanitary infrastructure 20 3,053 Reduction in energy used by treatment system per ML of wastewater treated (kWh) 1 4 Reduction in annual number of sanitary sewer backups 8 35 32 2017 Gas Tax Annual Report (Part 1) 1 Association of Municipalities of Ontario IIGm, IIGm, e iii° ri d b( B: H IIIIII VIII'`°"' �ii� VIII'c IIIIII a 1 ��`� ��'I a'It e e "t s December 31, 2017 Akllkolokwciabw of 2017 2014-2017 Opening Balance $889,012 Revenues Received from Canada $631,326,358 $2,433,435,282 Interest Earned $226,995 $1,116,006 Net $631,553,353 $2,434,551,288 Expenditures Transferred to Municipalities Administration Costs Net Closing Balance $(628,224,368) $(2,437,512,952) $(3,101,991) $(12,112,535) $(631,326,359) $1,116,006 $(2,449,625,487) Association of Municipalities of Ontario 1 2017 Gas Tax Annual Report (Part 1) 33 December 31, 2017 2017 2014-2017 Opening Balance $745,765,133 Revenues Allocations Received from AMO $628,224,368 $2,437,014,790 Proceeds from the Disposal of Assets $32,500 $136,488 Interest Earned $13,386,229 $54,109,248 Net $641,643,097 $2,491,260,526 Transfers $(21,078,363) $(78,148,506) In $39,580,937 $150,817,826 Out $(39,580,937) $(150,817,826) Net Expenditures on Eligible Projects Broadband Connectivity - $(25,864) Brownfield Redevelopment $(489,716) $(5,329,506) Capacity -Building $(5,132,852) $(29,998,169) Community Energy Systems $(21,078,363) $(78,148,506) Culture $(1,418,072) $(3,698,609) Disaster Mitigation $(1,855,040) $(3,094,379) Drinking Water $(13,208,081) $(63,348,468) Local Roads and Bridges $(373,038,453) $(1,463,546,252) Public Transit $(118,818,378) $(475,018,997) Recreation $(19,289,672) $(35,388,240) Regional and Local Airports $(1,150,141) $(3,131,334) Short -line Rail $(201,225) $(201,225) Short -sea Shipping - - Solid Waste $(20,445,926) $(91,242,310) Sports $(653,083) $(1,704,783) Tourism $(619,463) $(966,295) Wastewater $(29,215,237) $(145,839,009) Net $(606,613,701) $(2,400,681,946) Closing Balance $780,794,529 34 2017 Gas Tax Annual Report (Part 1) 1 Association of Municipalities of Ontario VIII°gym tlle federalI Association of Municipalities of Ontario (AMO) 200 University Ave., Suite 801, Toronto, ON M5H 3C6 Telephone direct: 416-971-9856 Voicemail: 416-971-8099 Fax: 416-971-6191 Toll-free in Ontario: 1 -877 -4 -AMO -LAS (1-877-426-6527) E-mail: gastax@amo.on.ca Twitter: @GasTaxinOntario Websites: www.amo.on.ca www.GasTaxAtWork.ca www.infrastructure.gc.ca Mixed Sources .,.^ ® '0bullFrogpoweredT` �k FSC Panting ubullhagpawered .sae Compared with other industry products made with 100% virgin fiber, printing this annual report saved: Photography: Thank you to all of the municipalities that contributed photos of their local infrastructure projects. Others taken by Rick Chard, www.rickchard.com Photos of the City of London's Blackfriar Bridge taken by MJ Idzerda. Photos of the City of Kitchener's Kiwanis Park Pool taken by Emily Lambe Photography. Part I and 11 of this report can be downloaded at AMO's website. Please consider the environment before printing copies. ; , eHrEn 6 trees 23,112 L 350 kg 910 kg 10 GJ 3 kg NOX of water of waste CO2 4x7,581 60W emissions of 66 days of water 7 waste 6,087 km driven light bulbs for one truck during consumption containers one hour 8 days Photography: Thank you to all of the municipalities that contributed photos of their local infrastructure projects. Others taken by Rick Chard, www.rickchard.com Photos of the City of London's Blackfriar Bridge taken by MJ Idzerda. Photos of the City of Kitchener's Kiwanis Park Pool taken by Emily Lambe Photography. Part I and 11 of this report can be downloaded at AMO's website. Please consider the environment before printing copies. Program Welcome and Introductions Mayor Grant Jones Grace Councillor Robert Monteith Meal Serviced by Wayside Dining Inn Volunteer Service Awards: Brian Masschaele, Director of Community and Cultural Service, County of Elgin 2018 - Southwold Library Committee Distinguished Citizen Award Councillor Peter North, on behalf of Deputy Mayor Ian Chard, member of Communities in Bloom Committee 2018 — Karen Graff Speaker Bill Hunter, Fire Chief, Township of Perth East & Municipality of West Perth - "Our Priceless Volunteers" Volunteer Fire Fighters — Years of Service Tim Buchanan — 5 years Kyle Pennings — 5 years Ken VanEvery — 5 years Darryl VanLingen — 5 years Ron Deleeuw — 10 years Russ Morningstar — 10 years Brian Pennings — 15 years David Palmer — 40 years Mayor's Prestigious Award 2018 - David Palmer Speakers Karen Vecchio, MP & Jeff Yurek, MPP Reading of Volunteer Poems Councillor Gayle Bogart Conclusion of Ceremonies Mayor Grant Jones 2018 Southwold Volunteer Groups Canada Day Committee Communities in Bloom Committee Parks Committee Shedden Parks Planning Committee Economic Development Committee Shedden Recreation and Keystone Complex Committee War Memorial Committee Family Day Committee Southwold History Committee Southwold Community Policing Association Southwold Library Committee Rosy Rhubarb Committee Shedden Cubs and Scouts Optimist Club of Fingal - Shedden & District Shedden Soccer SS12 Fingal School Alumni Talbotville Optimist Club Talbotville Minor Ball Talbotville Minor Soccer Shedden Agricultural Society From: Richard Hoffman, TVDSB Public Affairs Coordinator We would like to share with your council and administration the following media release issued Nov. 20, 2018. Please forward to any interested individuals or member municipalities. School and child care projects delayed in government review process Several important capital projects across Thames Valley have been delayed while the Ontario government continues its review of education priorities and funding across the province. The projects include a new school in Southeast London, school additions and renovations at Masonville Public School, Kettle Creek Public School and Tweedsmuir Public School, as well as new child care and EarlyON child and family centres in London, Belmont, St. Thomas, Rodney, Dorchester, Woodstock and Ingersoll. While the projects are at different stages of progress, all of them are delayed by the Ministry of Education's ongoing review process. TVDSB staff are in regular contact with the Ministry, which has not indicated when the reviews will be completed. "The provincial government has said that it is conducting a thorough review of public education funding in Ontario," said Laura Elliott, Director of Education. "The government is also in the midst of a comprehensive public consultation process into education reform." "In the meantime, parents and staff need to know that the original timetable for completion of these projects may be delayed," added Director Elliott. While these previously approved projects are delayed, TVDSB and other school boards have also not been able to apply for urgent, new construction needs resulting from the provincial review of education priorities and funding. TVDSB and other school boards have not had the opportunity to submit their capital priorities to the Ministry since 2017. As a result, two proposed new schools and child care centres — in southeast St. Thomas and Belmont — will not open as the Board had hoped in September 2020. Until the new schools in Belmont and St. Thomas are approved and built, the following schools will not close as expected in June 2020: New Sarum Public School, South Dorchester Public School, Springfield Public School and Westminster Central Public School. In addition to school projects, child care centres and EarlyON Child and Family Centres at Aldborough Public School, River Heights Public School, Algonquin Public School and Harrisfield Public School will not open as anticipated in September 2019. Parents and guardians of children affected by the delays will receive letters from their schools today. More information will be posted on school websites or at www.tvdsb.ca/planning as it becomes available. COUNTY OF ELGIN By -Law No. 18-37 "A BY-LAW TO REPEAL BY- LAW NO. 04-26 AND TO ADOPT AN EMERGENCY MANAGEMENT PROGRAM FOR THE COUNTY OF ELGIN" WHEREAS pursuant to Section 2.1 of the Emergency Management and Civil Protection Act, being Chapter E.9, Revised Statutes of Ontario, 1990, as amended, every municipality shall develop and implement an emergency management program and the council of the municipality shall by by-law adopt the emergency management program; and WHEREAS the emergency management program shall consist of an emergency response plan; training programs and exercises for employees of the municipality and other persons with respect to the provision of necessary services and the procedures to be followed in emergency response and recovery activities; public education on risks to public safety and on public preparedness for emergencies; and any other element required by the standards for emergency management; and WHEREAS in developing an emergency management program, every municipality shall identify and assess the various hazards and risks to public safety that could give rise to emergencies and identify the facilities and other elements of the infrastructure that are at risk of being affected by emergencies; and WHEREAS pursuant to Emergency Management and Civil Protection Act O. Reg. 340/04 Section 11.1, every municipality shall have an emergency management program committee as appointed by Council; and WHEREAS pursuant to Emergency Management and Civil Protection Act O. Reg. 340/04 12. 1, every municipality shall have a municipal emergency control group as appointed by Council; and WHEREAS Council has formulated an emergency response plan in accordance with the legislation detailing the procedures under and the manner in which employees of the municipality and other persons will respond to an emergency; and WHEREAS the Appendices of the emergency response plan may require amendments from time to time as persons named therein change. NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: 1. THAT the Warden and the Chief Administrative Officer are hereby authorized to sign the Emergency Response Plan and other documentation detailing the procedures under and the manner in which employees of the municipality and other persons will respond to an emergency, attached hereto as Schedule "A". 2. THAT Council appoint members of Emergency Management Committee and Emergency Control Group as contained with the Emergency Response Plan, attached hereto as Schedule "A" 3. THAT the Emergency Management Coordinator, or such other designated staff as directed by Council, is hereby authorized to make such amendments to the Appendices, from time to time, as is necessary to give effect to and properly implement the said plan. 4. THAT By -Law No. 04-26 be and is hereby repealed. 5. THAT this by-law becomes effective upon passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 27TH DAY OF NOVEMBER 2018. Julie Gonyou, David Marr, Chief Administrative Officer. Warden. Progressive by Nattire Emergency Response Plan Revised November 2018 Table of Contents: Declaration of a County Emergency....................................................................... Termination of Emergency....................................................................... 1 4 4 4 5 5 5 6 Alerting or Activating the Emergency Plan .................................................. 6 County Emergency Notification.................................................................................... 7 County Emergency Notification Callout........................................................... 8 The County Emergency Operation Centre............................................................... 9 County Program Committee (CPC)................................................................................. 9 2018 County Program Committee..................................................................... 9 County Program Committee Responsibilities................................................ 10 CountyControl Group............................................................................................10 2018 County Control Group...................................................................... 11 County Control Group Responsibilities........................................................... 11 Composition of the County Control Group............................................................ 13 Head of the County Control Group ....................................................... 13 Head(s) of Council from Affected Municipality(s)........................................ 13 Operations Manager.................................................................................... 14 Operations Officer........................................................................... 14 Emergency Management Coordinator.............................................................. 14 Public Works Representative......................................................................... 15 Ambulance Representative.............................................................................. 15 Health Representative.................................................................................... 16 Social Services Representative......................................................................... 16 County Fire Coordinator......................................................................... 17 Police Representative.................................................................................... 18 Support& Advisory Staff............................................................................................... 18 The County Treasurer.................................................................................... 18 Building Maintenance.................................................................................... 19 Human Resources Representative.............................................................. 19 Conservation Authority Representative.............................................................. 20 The County Solicitor................................................................................... 20 School Board Representative......................................................................... 20 Provincial Ministry Representative.............................................................. 20 Red Cross Representative.................................................................................... 20 Hospital Representative.................................................................................... 21 County of Elgin - Emergency Response Plan N St. John Ambulance........................................................................... 21 Salvation Army Representative......................................................................... 22 A. R. E. S. Representative.................................................................................... 22 Bell Telephone / EastLink Representative.................................................... 22 Other Officials, Experts, or Representatives.................................................... 22 Control Group Operations - The Operations Cycle .................................................... 23 Communications..........................................................................................................23 Communications Protocol between Municipal EOC's and County EOC ............... 23 Evacuation Planning................................................................................................ 26 Recovery Planning.................................................................................... 26 Media and Public Relations..................................................................................... 26 The County Media Coordinator.......................................................................... 26 On -Site Media Spokesperson.......................................................................... 27 The County Citizen Inquiry Representative.................................................... 28 Public Information & Inquiry .......................................................................... 29 Request for Provincial / Federal Assistance............................................................... 29 Plan Review, Testing, and Maintenance............................................................... 29 County of Elgin - Emergency Response Plan DEFINITIONS Ambulance Services Representative A designated representative of the Ambulance Service and/or Central Ambulance Communications Centre County Citizen Inquiry Representative During an emergency the Ontario Works Representative will be responsible for appointing a County Citizen Inquiry Representative who will establish a Citizen Inquiry Service to respond to and redirect inquires and reports from the public. County Control Group The group of individuals directing the services necessary for mitigating the effects of the emergency. The Operations Manager is responsible for coordinating the operations within the County Emergency Operations Centre. County Media Coordinator The County Media Coordinator will be appointed by the County Control Group and is responsible for coordinating the dissemination of information to the media from the County Media Information Centre. The coordinator will report directly to the Operations Manager. County Media Information Centre The location near but not in the Operations Centre from which the media may gather for updated media releases and press conferences. This location will be determined by the County Media Coordinator. County Treasurer The County Treasurer or designated alternate for the County of Elgin. Emergency Area The area in which the emergency exists. Emergency Management Coordinator The County Community Emergency Management Coordinator or designated alternate is responsible for the maintenance, revision and distribution of this plan, as well as coordinating emergency exercises. Evacuation Centre An evacuation centre is a facility that provides temporary care and shelter to persons displaced by the emergency. Persons may be sent to an evacuation centre after registering at a reception centre, and/or they may register at the evacuation centre directly. County of Elgin - Emergency Response Plan 2 Fire Chief of Affected Municipality The Chief of the Fire Department or alternate of the Area Municipality(s) directly affected by the emergency. County Fire Coordinator The Mutual Aid Fire Coordinator or designated alternate of the County of Elgin. Head of Council from Affected Municipality The Mayor or Acting Mayor of an Area Municipality of the County of Elgin directly affected by the emergency. Head of the County Control Group The Warden or designated alternate of the County of Elgin. Health Representative The Medical Officer of Health, Public Health Unit representative or designated alternate of Elgin St Thomas Public Health. Human Resources Representative The Director of Human Resources or designated alternate for the County of Elgin. Inner Perimeter A restricted area in the immediate vicinity of the emergency scene as established by the Site Manager. Access to the inner perimeter is restricted to those essential emergency personnel actively involved in the occurrence. St Thomas Elgin Social Services The Director of Social Services or designated alternate of St Thoams Elgin Social Services. On -Site Media Centre The location at or near the scene from which the media may gather for updated media releases and press conferences. This location will be determined by the designated On - Site Media Coordinator, with the approval of the Site Manager. On -Site Media Spokesperson The On -Site Media Spokesperson is appointed by the Site Manager at the time of the emergency. This person is responsible for coordinating the fast accurate dissemination of information to the media from the On -Site Media Centre. The Spokesperson will also work closely with the County Media Coordinator to ensure that information released to the media from the scene is consistent with information being released from the County Media Information Centre. Operations Manager During an emergency the Chief Administrative Officer or designated alternate for the County of Elgin will perform the duties of the Operations Manager. County of Elgin - Emergency Response Plan 3 Outer Perimeter The geographic area surrounding the inner perimeter. This area will serve as a coordination and assembly point for essential emergency personnel. Access to the outer perimeter is restricted to essential emergency personnel as determined by the Site Manager. Police Representative The Chief of Police and/or Detachment Coordinator of the O.P.P. or alternate of the Area Municipality(s) directly affected by the emergency. Public Works Representative The Director of Engineering Services or designated alternate of the County of Elgin. Reception Centre A reception centre is a facility that is used as a short term redistribution point that receives and registers persons displaced by the emergency, reuniting them with families or dispatching them to evacuation centres or other accommodation. Red Cross Representative The Disaster Management Coordinator of the local Red Cross Branch is responsible for supervising and coordinating all activities of the Red Cross Branch during an emergency. It should be noted that the Disaster Management Coordinator takes direction from St Thomas Elgin Social Services. Site Manager The person in charge of all operations at the scene of the emergency. This person may also be in charge of an essential emergency service such as Police or Fire. The Site Manager will ensure that updated information with respect to the scene is conveyed to, or obtained from, the County Emergency Control Group. St. John Representative The Chairperson of the Emergency Services Committee of the local St. John Brigade is responsible for supervising and coordinating all activities of the St. John during an emergency. It should be noted that the Chairperson takes direction from the Ontario Works and Ambulance Representatives. Triage The sorting and allocation of treatment to patients or victims according to a system of priorities designed to maximize the number of survivors. County of Elgin - Emergency Response Plan 4 INTRODUCTION ACCESSIBILITY The County of Elgin will provide documents in alternate format to individuals with disabilities at their request. This includes large print, audio or Braille versions of the Emergency Plan. Communication supports will be available for you at evacuation shelters, upon request. Please contact Human Resources at 519-631-1460 if you may require assistance. Purpose The purpose of this plan is to provide elected officials, municipal personnel, and emergency response agencies with an overview of the responsibilities as well as guidelines for their expected response to an emergency situation within the County of Elgin. For this plan to be effective it is imperative that all officials, departments and agencies be aware of their respective roles and be prepared to carry out their assigned responsibilities. For the purposes of this plan, an emergency as defined in the Emergency Management Act, "means a situation or an impending situation caused by the forces of nature, an accident, an intentional act or otherwise that constitutes a danger of major proportions to life or property". While many emergencies could occur within the County of Elgin, the most likely to occur are floods, water and land pollution, blizzards, cold waves, fire, fog, frost and freeze ups, high winds, ice storms, severe thunderstorms, snow storms, tornadoes, hazardous chemical spills, power failures, transportation accidents involving hazardous materials, strikes and disorder. The Aim The focus of this plan is to provide a guideline for the most effective response to an emergency situation in the local municipalities and , and in so doing safeguard the health, safety, welfare and property of their populace. This plan will govern the provision for requested services during an emergency. County of Elgin - Emergency Response Plan 5 THE AUTHORITY The Emergency Management and Civil Protection Act, R.S.O. 1990, Chapter E.9 as amended, is the legal authority for this emergency response plan. COUNTY EMERGENCY ASSISTANCE The initial response to an emergency situation shall be the responsibility of the affected Municipality. Upon receipt of notification of a real or potential emergency at the local level, the initial responding agency will contact the appropriate Municipal Official to request that the Municipal Emergency Notification System be activated. The Municipality will notify members of the affected Municipal Control Group. Upon notification, it is the responsibility of control group members to assemble and manage the situation using the procedures as outlined in the Elgin County Emergency Plan. As part of the Municipal Emergency Notification System, the Head of the County Control Group, or the Operations Manager, or the Emergency Management Coordinator of the County of Elgin, shall be notified. All members of the County Control Group will be notified and placed on stand-by or asked to assemble. Notification will take place in accordance with procedures detailed in the County Emergency Notification section. The emergency situation will dictate the County's response. When an emergency requires only limited County support, a representative of the County Control Group may join a Municipal Control Group or several members of the County Control Group may meet to monitor the situation. When an emergency requires greater County support or when it involves more than one Municipality, the County Emergency Plan will be activated and the County Control Group will assemble at the County Emergency Operations Centre. For coordination, if the emergency affects more than one Elgin County municipality, or if the emergency affects one or more municipality(s) and the City of St. Thomas, the County Plan will be activated. DECLARATION OF A COUNTY EMERGENCY The Warden or Acting Warden of the County of Elgin, as Head of the County Council, is responsible for declaring that an emergency exists within the boundaries of the County. This decision is made in consultation with other members of the County Control Group. Upon such declaration, the Warden notifies: The 1. Emergency Management Ontario (on behalf of the Minister of Community Safety and Correctional Services), if the declaration is faxed; a call should be made to confirm receipt of fax. To 1-866-314-0472 2. The Mayor and Council of the effected Municipality; and County of Elgin - Emergency Response Plan 6 3. The Warden shall ensure that the public, the media, and neighboring county officials are also advised of both the declaration and termination of an emergency. All decisions by the County Control Group (as appropriate) affecting the lives and property of the inhabitants within the County of Elgin shall be made in consultation with the Warden or Acting Warden of the County. A local Municipality may request County assistance at any time. The request shall not be deemed to be a request that the County assume authority or control of the emergency. TERMINATION OF COUNTY EMERGENCY A County Emergency may be declared terminated at any time by: 1. The Warden or Acting Warden; or 2. The County Council; or 3. The Premier of Ontario. Upon termination of a County Emergency the Warden or Acting Warden shall notify: 1. The County Council; and 2. The Minister of Public Safety and Security through Emergency Management Ontario; and 3. The public, media, and neighboring municipal officials. ALERTING OR ACTIVATING THE EMERGENCY PLAN The members of the County Control Group will be alerted and placed on standby, or this plan may be activated under the following conditions: • When the Head of a Municipal Control Group requests assistance and indicates whether or not the County is being asked to provide assistance or to assume control of the emergency; • When an emergency cannot be defined as a local emergency, the plan shall be activated; • When County facilities are threatened or an extraordinary demand is placed on County resources, the plan shall be activated; • When a widespread, far-reaching accident is encountered such as an epidemic, or an environmental disaster, the plan shall be activated. County of Elgin - Emergency Response Plan 7 COUNTY EMERGENCY NOTIFICATION The County Control Group (CCG) may be alerted to an emergency situation by the Head of a Municipal Control Group, member of the CCG, or emergency response agency. To notify the County Control Group the following procedure will be used to alert or activate its members: • A request for assistance shall be made to the Head of the CCG, Operations Manager, or Emergency Management Coordinator; • When notified, the Head of the CCG, Operations Manager, or Emergency Management Coordinator who is notified shall contact the other two; • The Head of the CCG, Operations Manager, and Emergency Management Coordinator shall monitor the situation; • After monitoring the situation if it is deemed that the CCG should be alerted and placed on stand-by, or the County Emergency Plan should be activated, the members of the CCG shall be notified as follows: County of Elgin - Emergency Response Plan 8 Head of a Municipal Control Group A Head of the CCG, or Member of the County Control Group Contacts 4 Operations Manager, or Emergency Response Agency V CEMC A Operations Manager Head of the CCG Contacts 4 CEMC V Heads of Local Council (as required) V Adjacent Municipalities (as required) A Head of the CCG A CEMC Operations Manager Contacts 4 County Public Works Rep. V Ontario Works Rep. V Other Dept. Heads (as required) A Head of the CCG A Operations Manager A Emergency Management Ontario A Ambulance Representative Emergency Management Contacts 4 Police Representative Coordinator (CEMC) V Fire Representative V Board of Education (as required) V A.R.E.S. Rep. (as required) V Bell / EastLink (as required) County Public Works Rep. Contacts 4 Road Superintendents (as required) V MTO Patrol Yards (as required) A Medical Officer of Health Social Services Rep. Contacts 4 Red Cross (as required) V Hospital (as required) V Salvation Army (as required) County of Elgin - Emergency Response Plan 9 THE COUNTY EMERGENCY OPERATION CENTRE Once notified the County Emergency Control Group will assemble in the Emergency Operations Centre at the County Administrative Building 450 Sunset Drive. St. Thomas. In the event that this location is inappropriate, the location of the Emergency Operations Centre will be determined by the Head of the County Emergency Control Group, the Operations Manager, and the Emergency Management Coordinator after consultation with the emergency response agencies involved. The Head County Emergency Control Group may ask an unaffected municipality not involved in the Emergency to make their Emergency Operation Centre available for use by the County Control Group. Members of the EOC will be directed to the alternate EOC site upon notification. COUNTY PROGRAM COMMITTEE (CPC) The County Program Committee will be responsible for reviewing the emergency plan, training employees in their functions and implementing the emergency plan during an emergency. • County Emergency Management Coordinator (CEMC) • Chief Administrative Officer • Director of Financial Services • Director of Human Resources • Director of Homes and Seniors Services • Director of Engineering Services • Director of Community and Cultural Services • General Manager of Economic Development • Legislative Services Coordinator (Emergency Information Officer) 2018 COUNTY PROGRAM COMMITTEE (CPC) • Bettina Weber, County Emergency Management Coordinator (CEMC) • Julie Gonyou, Chief Administrative Officer • Jim Bundschuh, Director of Financial Services • Rob Bryce, Director of Human Resources • Michele Harris, Director of Homes and Seniors Services • Brian Lima, Director of Engineering Services • Brian Masschaele, Director of Community and Cultural Services • Alan Smith, General Manager of Economic Development • Dan Scheid, Legislative Services Coordinator (Emergency Information Officer) County of Elgin - Emergency Response Plan 10 COUNTY PROGRAM COMMITTEE (CPC) RESPONSIBILITIES • Monitor and ensure program activities are delivered in accordance with the Act and Regulations. • Support the program in responding and adapting to current and emerging risks that could impact the community. • Share expertise and knowledge to promote emergency preparedness and public safety. • Review and make recommendations on the County's Emergency Response Plans. • Review and make recommendations on program initiatives. • Review after action reports for exercises and emergency responses and make recommendations on emergency management enhancements and corrective actions based on lessons learned. • Review and make recommendations on the County's business continuity planning initiatives. • Conduct an annual emergency management program review to verify that the program is operating in compliance with the Act and Regulations; and • Make recommendations to County Council. COUNTY CONTROL GROUP (CCG) The County emergency response will be directed and controlled by a "joint" County/Municipal Control Group consisting of the following officials: • Head of the County Control Group • Head of the Municipal Control Group & Designated Staff Representatives from affected Municipality(s) • Chief(s) of Police/O.P.P. Detachment Representative, as the situation dictates • County Fire Coordinator • Ambulance Representative • Operations Manager • Operations Officer • Emergency Management Coordinator • Public Works Representative • Ontario Works Representative • Medical Officer of Health / Public Health Representative County of Elgin - Emergency Response Plan 11 • Legislative Services Coordinator/ Emergency Information Officer (appointed by the CCG) • Additional personnel deemed necessary by the County Control Group (i.e. Provincial / Federal Ministry representatives, industrial representatives, school boards, legal, financial representatives). 2018 COUNTY CONTROL GROUP (CCG) • Grant Jones, Deputy Warden, County of Elgin • Julie Gonyou, Chief Administrative Officer, County of Elgin • Inspector Brad Fishleigh, Detachment Commander, Elgin County Ontario Provincial Police • Ray Ormerod, Mutual Aid Coordinator, County of Elgin/City of St. Thomas • Pauline Meunier, General Manager, Medavie EMS Elgin Ontario • Jim Bundschuh, Director of Financial Services, County of Elgin • Bettina Weber, Community Emergency Management Coordinator, County of Elgin • Brian Lima, Director of Engineering Services, County of Elgin • Elizabeth Sebestyen, Director St. Thomas -Elgin Social Services • Dr. Joyce Lock Medical Officer of Health Southwestern Public Health • Dan Sheid, Legislative Services Coordinator/ Emergency Information Officer, County of Elgin An alternate contact person shall be designated for each member of the CCG. Names and telephone numbers of CCG members and alternates appear in Appendix A. The CCG may function with only a limited number of persons depending upon the emergency. While the CCG may not require the presence of all persons listed as members of the control group, all members of the CCG must be notified. COUNTY CONTROL GROUP (CCG) RESPONSIBILITIES Some or all of the following actions/decisions will have to be considered and dealt with by the CCG: • Determining the status of the emergency situation by acquiring and assessing information; • Mobilizing County emergency services, personnel and equipment; • Declaration of an Emergency by the Head of the County Control Group in consultation with members of the CCG; • Termination of an Emergency Declaration by the Head of the County Control Group in consultation with members of the CCG; County of Elgin - Emergency Response Plan 12 • Coordinating and directing services and ensuring that any actions necessary for the mitigation of the effects of the emergency are taken, provided they are not contrary to law; • Coordinating and/or overseeing the evacuation of inhabitants considered to be in danger, and working with Ontario Works in establishing a Registration and Inquiry Centre to handle requests regarding evacuees; • Arranging for services and equipment from local agencies not under County or municipal control, i.e. private contractors, volunteer agencies, services clubs; • Notifying and requesting assistance from various levels of government and any public or private agencies not under County or Municipal control, as considered necessary (refer to Request for Provincial/Federal Assistance); • Determining if additional volunteers are required and if appeals for volunteers are warranted; • Determining if additional transportation is required for evacuation or transport of persons and/or supplies; • Ensuring that pertinent information regarding the emergency is promptly forwarded for dissemination to the media and public; • Determining the need to establish advisory group(s) and/or sub -committees; • Authorizing expenditure of funds required to deal with the emergency for the preservation of life and health; • Maintaining a log outlining decisions made and actions taken, and submitting a summary of the log to the Emergency Management Coordinator within one week of the termination of the emergency, as required; • Arranging for emergency accommodation and/or welfare services for residents temporarily evacuated from their homes when so requested by the affected municipalities; • Working with Social Services in establishing a reporting and inquiry centre to handle individual requests concerning any aspect of the emergency; • Ensuring that all County emergency personnel are advised of the declaration and termination of an emergency in the constituent local municipality(s); • Appointing an Emergency Site Manager; • Ensuring that the Critical Incident Stress Management is available to responders and that the emotional needs of the county are addressed • Ensuring that the emergency is reviewed and a recovery plan, if required, is in place before the local emergency is terminated; 0 Participating in the debriefing following the emergency. County of Elgin - Emergency Response Plan COMPOSITION OF THE COUNTY CONTROL GROUP HEAD OF THE COUNTY CONTROL GROUP (CCG)(WARDEN OR DESIGNATE) The Head of the CCG, or alternate, will be responsible for the following duties: 13 • Implementing the Plan in response to a request for assistance from a local Municipal Control Group, member of the CCG, or emergency response agency; • Declaring an Emergency; and the Termination of the Declaration of an Emergency • Notifying Emergency Management Ontario, Ministry of Community Safety & Correctional Services of the declaration, and the termination of the emergency; • Making decisions, determining priorities, and issuing direction to the Heads of County departments; • Requesting assistance from senior levels of government and from constituent municipalities not involved with the emergency, on behalf of the affected municipality, when required; • Authorizing expenditures and the acquisition of equipment and personnel when necessary; • Approving and making news releases and public announcements; • Ensuring that the heads of local Councils are notified that the County has implemented its Plan and is available to assist or that the County has declared an emergency; • Ensuring that all members of the CCG are kept apprised of developments as soon as possible. HEAD(S) OF COUNCIL FROM AFFECTED MUNICIPALITY(S) The County Control Group is a joint County/Municipal body. The Head(s) of Council and key staff from local Municipality(s) affected by an emergency form an integral part of the County Control Group. The responsibilities of the Head of a Local Council and key municipal staff will include: • Providing up to date information about the emergency situation in their respective municipality; • Assisting in decision making and the mobilization and employment of local resources; • Assisting in the overall management of the County -wide emergency response. County of Elgin - Emergency Response Plan OPERATIONS MANAGER ( COUNTY CAO or ALTERNATE) The Operations Manager, or alternate, will be responsible for the following duties: 14 • Ensuring that all required members are present when the CCG is assembled; • Chairing meetings of the CCG; • Organizing and supervising the County Emergency Operations Centre (EOC) during the emergency, including arrangements for feeding and relief of Centre personnel; • Coordinating all operations within the EOC, including the scheduling of regular meetings; • Arranging for effective communications to and from the emergency site; • Coordinating media releases; • Providing advice to the CCG on legal and financial matters; • Acting as principle staff officer to the Head of the CCG; • Organizing any required debriefing sessions. OPERATIONS OFFICER (FINANCE DIRECTOR OR ALTERNATE) • Assisting the Operations Manager in his duties; • Maintaining a record of actions taken by the CCG in dealing with the emergency; • Compiling records of costs incurred as a result of emergency action; • Compiling reports for council; COMMUNITY EMERGENCY MANAGEMENT COORDINATOR (CEMC or ALTERNATE) The Emergency Management Coordinator, or alternate, will be responsible for the following duties: • Providing advice and expertise to members of the CCG on emergency measures operations; • Setting up the Emergency Operations Centre; • Gathering information for the Operations Manager; • Assist with debriefing following the emergency; • Writing a final report to council after the emergency has been terminated; • Regularly reviewing the contents of the Emergency Response Plan to ensure that they are up to date and in conformity with Provincial procedures; County of Elgin - Emergency Response Plan 15 • Organizing and coordinating training and participation in drills and exercises. PUBLIC WORKS REPRESENTATIVE (COUNTY ENGINEER or ALTERNATE) The Public Works Representative, or alternate, will be responsible for the following duties: • Providing the CCG with advice on engineering matters; • Arranging for the dispatch of staff and equipment to assist in containing the emergency situation if required; • Maintaining liaison with flood control, conservation and environmental authorities and preparing for relief or preventative measures; • Arranging for the clearing of emergency routes and the marking of obstacles if required, in consultation with Municipal Road Superintendents and with the O.P.P.; • Arranging for engineering materials and equipment from the County and Provincial resources, from neighboring municipalities, and from private contractors when necessary; • Maintaining liaison with public and private utility companies (hydro,water, gas, telephone, etc.) and making recommendations for discontinuation of any utilities, public or private, when necessary in the interest of public safety; • Maintaining liaison with Ontario Clean Water Agency; • Assisting fire fighting authorities in dealing with water needs and special hazards such as chemical spills, explosions or noxious fumes; • Establishing radio communications between local municipalities and the CCG, if required, and calling, if necessary, on the services of the Amateur Radio Emergency Service; • Re-establishing essential County road services at the end of the emergency period; • Ensuring that County roads are maintained and accessible during an emergency; AMBULANCE REPRESENTATIVE: The Representative from Ambulance Services will be responsible for the following duties: • Providing information on the movement of casualties from the disaster site; • Advising the County Control Group on requirements for additional casualty transportation means, beyond ambulance resources, that the County Control Group may be able to obtain; • Determining if additional medical resources are needed for casualty management at the emergency site, in consultation with the Medical On -Site Coordinators, and initiating requests for such with medical authorities; County of Elgin - Emergency Response Plan 16 • Identify or request additional Ministry of Health resources required by any facility which operates under the direction of the Ministry of Health in accordance with Ministry procedures. HEALTH REPRESENTATIVE: The Health Representative, or alternate, will be responsible for the following duties: • Providing advice to the CCG on health matters; • Taking a lead role in the EOC for a human health emergency, or during a pandemic as outlined in the Elgin St. Thomas Pandemic influenza Plan; • Keeping the Health Unit staff informed; • Consulting regarding staffing and resources at each Evacuation Centre to support the Manager of each Reception/ Evacuation Centre in public in efforts to meet the needs of evacuees; • Arranging for mass immunization where needed; • Arranging for precautions in regard to water supplies when warranted; • Notifying other agencies and senior levels of government about health related matters in the emergency; • Consulting regarding the safety of food supplies and the safe disposal of sewage and waste; • Consulting regarding adequate general sanitation and personal hygiene at emergency reception centers; • Consulting regarding proper burial of the dead; • Coordinating the response of health unit services and facilities. SOCIAL SERVICES REPRESENTATIVE: The St Thomas Elgin Social Services Representative, or alternate, will be responsible for the following duties: • Providing advice to the CCG on Social Service matters; • Will be the primary contact with the Canadian Red Cross Society or other service providers as deemed necessary. • According to the nature of the emergency, in consultation with the Canadian Red Cross Society, Salvation Army and St. John Ambulance, be prepared to assist municipalities in their efforts to support their residents whose lives have been impacted by the emergency with the provision of: 0 Emergency clothing to provide adequate protection from the elements, County of Elgin - Emergency Response Plan 17 • Proving qualified staff at Evacuation Centre(s) housing evacuees as required and as resources permit. • Emergency lodging to provide adequate temporary accommodation for the homeless, • Registration and inquiry services to reunite families and to collect information and answer queries concerning the safety and whereabouts of missing persons, • Emergency feeding to sustain those without food or adequate food preparation facilities, • Liaising with the Health Representative on areas of mutual concern required during operations in Evacuation Centres. • Provide assistance and counseling to individual and family services to assist and counsel individuals and families in need and to provide special care to unattached children and dependent adults; • In consultation with the Health Representative, establishing an `outreach program' for victims of the emergency; • Providing staff to operate Citizen Inquiry Centre; • Liaising with public and private nursing care homes as, required; • Notifying the Police of the number and locations of the Emergency Reception/ Evacuation Centres; • Contacting and providing direction to volunteer agencies able to assist in welfare functions, such as Red Cross, Women's Institutes, etc.; • Notifying senior levels of government on Social Service matters in the emergency. COUNTY FIRE COORDINATOR The County Fire Coordinator, or alternate, will be responsible for the following duties: • Providing advice on fire fighting and rescue matters to the CCG; • Confirming that local fire fighting rescue and life saving resources are sufficient for the operational situation, and arranging for further assistance as required; • Providing advice to County departments to bring into play other equipment and skills needed to cope with the emergency; • Coordinating assistance from the Mutual Aid Fire System and the Fire Marshal of Ontario as required; • Determining if special equipment or supplies, not available in the County, can be located elsewhere and advising the CCG; • Coordinating assistance of fire equipment and personnel with other County departments and agencies in large scale non -firefighting operations (rescue, first aid, casualty collection); County of Elgin - Emergency Response Plan 18 • Liaising with the Ministry of the Environment on fires involving potentially dangerous materials; • Liaising with the Ministry of Natural Resources on forest fires; • Providing an Emergency Site Manager if required. POLICE REPRESENTATIVE The Police Representative, or alternate, will be responsible for the following duties: • Providing advice on police (law enforcement) matters to the CCG; • Arranging for assistance to local authorities in implementing traffic control to permit rapid movement of emergency equipment; • Liaison with Public Works Representative; • Coordinating police operations and responses with County Service Departments and with neighboring police authorities; • Establishing security around the emergency area to control access and protect property; • Securing the area of concern, controlling and, if necessary, dispersing crowds within the emergency area; • Alerting persons endangered by the emergency and coordinating evacuation procedures; • Liaising with the Social Services Director regarding the establishment and operation of evacuation and reception centres; • Providing for police services in evacuation centres, morgues, and other facilities, as required; • Liaising with other municipal, provincial or federal police agencies as required; • Informing CCG on the actions take by the Police; SUPPORT & ADVISORY STAFF: The following staff may be required to provide support, logistics and advice to the CCG: THE COUNTY TREASURER The County Treasurer will be responsible for: 0 Assisting the Operations Manager, as required; County of Elgin - Emergency Response Plan 19 • Providing information and advice on financial matters as they relate to the emergency; • Liaising, if necessary, with the Treasurers of local and neighboring municipalities; • Ensuring that records of expenses are maintained for future claim purposes; • Ensuring the prompt payment and settlement of all legitimate invoices and claims incurred during an emergency; • Providing for and securing of equipment and supplies as requested. BUILDING MAINTENANCE The Building Maintenance Representative will be responsible for: • Providing security for the County Emergency Operations Centre, as required; • Coordinating the maintenance and operation of feeding, sleeping, and meeting areas of the CCG, as required. • Maintain the standby power unit and monitor fuel levels during the emergency as required. • Procuring staff to assist as required. HUMAN RESOURCES REPRESENTATIVE The Human Resources Representative will be responsible for: • Coordinating and processing requests for human resources; • Under the direction of the CCG, coordinating offers of and appeals for volunteers; • Selecting the most appropriate sites for the registration of human resources; • Ensuring records of human resources and administrative details are completed; • When volunteers are involved, ensuring that a Volunteers Registration Form is completed and a copy of the form is retained for County records.; • Ensuring identification cards are issued to volunteers and temporary employees, where practical; • Arranging for transportation of human resources to and from sites; • Obtaining assistance, if necessary, from Human Resources Development Canada, as well as other government departments, public and private agencies, and volunteer groups. County of Elgin - Emergency Response Plan CONSERVATION AUTHORITY REPRESENTATIVE The Conservation Authority Representative will be responsible for: • Providing advice on the abatement of flood emergencies; • Assisting in acquiring resources to assist in flood emergencies. THE COUNTY SOLICITOR The Solicitor for the County will be responsible for: 20 • The provision of advice to any member of the CCG on matters of a legal nature as they may apply to the actions of the County of Elgin in its response to the emergency, as required. SCHOOL BOARD REPRESENTATIVE The School Board Representative will be responsible for: • Providing any school as designated in the County of Elgin's Social and Family Services Community Welfare Plan for use as an evacuation or reception centre; • Upon being contacted by the Ontario Works Representative, providing school board representatives to coordinate activities with respect to maintenance, use and operation of the facilities being used as evacuation or reception centres. PROVINCIAL MINISTRY REPRESENTATIVES Provincial Ministry Representatives will be responsible for: • Providing advice on matters of Provincial concern to members of the CCG; • Assisting in the garner of resources; • Coordination of Provincial response agencies. CANADIAN RED CROSS SOCIETY: The Canadian Red Cross Society will receive requests for support from the Ontario Works Representative. The responsibilities of the Red Cross Representative during an emergency are to: • Activate the Society's emergency alert system; • Co-ordinate the Society's response in co-operation with the Ontario Works Representative, if an evacuation is required; County of Elgin - Emergency Response Plan 21 • Assist OW and Municipal Staff with registration and inquiry to meet the following objectives: • Collect accurate and reliable information and answer inquiries as to the condition and whereabouts of disaster victims in co-operation with local hospitals and reception centres; and • Assist in reuniting separated family members as quickly as conditions permit; • Operate an inquiry bureau to deal with national and international requests as directed by the Society's National office; • Set up and operate an evacuation centre, upon the request of the Ontario Works Representative; • Assist with first aid established at reception centres if required; Ensure that volunteers are properly registered so that Workplace Safety Insurance coverage is provided during an emergency. HOSPITAL REPRESENTATIVE The Hospital Representative will be responsible for • Implementing their respective Hospital Disaster Plan; • Liaising with the Health and Ambulance Representatives with respect to hospital and medical matters, as required; • Evaluating requests for the provision of medical site teams/medical triage teams; • Liaising with the Ministry of Health, as appropriate; • Maintaining a log of all actions taken. ST. JOHN AMBULANCE: The St. John Ambulance will receive requests for support from the Ontario Works or Ambulance Representative during an emergency to: • Activate the Division's emergency alert system; • Co-ordinate the Division's response in co-operation with the Health Representative; • Provide First Aid; • Establish first aid posts at reception centres, as required; • Ensure that volunteers are properly registered so that WSIB Insurance coverage is in the event of an Emergency. County of Elgin - Emergency Response Plan SALVATION ARMY REPRESENTATIVE: 22 The Salvation Army will receive requests from the Ontario Works Representative. The responsibilities of the Divisional Commander or alternate of the Salvation Army during an emergency are to: • Activate the Division's emergency alert system; • Coordinate the Division's response in cooperation with the Ontario Works Representative, if an evacuation is required; • Coordinate the provision of meals to personnel at the disaster site and reception centre; • Provide bedding and clothing, in cooperation with Ontario Works; • Provide and coordinate clergy assistance; • Ensure that volunteers are properly registered so that Workplace Safety Insurance coverage is provided during an emergency. AMATEUR RADIO EMERGENCY SERVICE (A.R.E.S.) REPRESENTATIVE A.R.E.S. Representatives will be responsible for: • Providing additional communication requirements to supplement the County and emergency communications systems, as needed; • Contacting other communications experts, as required BELL TELEPHONE/ EAS TLINK REPRESENTATIVES Bell Telephone / EastLink Representatives will be responsible for: • When possible, establishing and ensuring that telephone communication services are provided to the EOC, emergency site, and anywhere else as required. OTHER OFFICIALS, EXPERTS, OR REPRESENTATIVES Other Officials, Experts, or Representatives will be responsible for: • Any special advice or expertise necessary to abate the emergency situation as required by the CCG. County of Elgin - Emergency Response Plan 23 Control Group Operations - The Operations Cycle It is important that the County Control Group meets regularly to share information so they may provide advice and support to various agencies during the Emergency. It is also important that members of the group have time to deal with their individual responsibilities. When the County Emergency Plan is activated, frequency of meetings and agenda items will be established by the Operations Manager. Meetings will be kept as brief as possible to allow members to carry out their individual responsibilities. At each meeting the members will bring each other up to date on what has happened since the last meeting, make recommendations on issues presented, and arrive at decisions. Maps and status boards will be prominently displayed and kept up to date by the Operations Manager. When the meeting ends, each member will do what is individually required of them, and gather information to share at the next meeting. Although each member of the County Control Group represents an individual agency, it is important that individual members function as a team to establish the most effective response to the emergency situation. It is equally important the individual members of the CCG are relieved of their duties at regular intervals. Communications: All communications will be received and sent from a communications room set up adjacent to the Emergency Operations Centre (EOC). A representative from each emergency response agency will work from this room. Telephones, radios or other communications equipment shall not be permitted in the EOC. At the emergency site, each response agency will appoint a communications officer to regularly update their respective representative in the EOC communications room. From the EOC communications room, radio and phone messages will be relayed (verbally or on paper) to the relevant member of the CCG. An important function of every agency is to provide timely information to the CCG for the benefit of the decision-making process. This will necessitate reliable systems of communications between the emergency site and the EOC and for every department involved. The telephone system will be used, if it is operational. In addition, police and fire representatives will have links with their respective radio communications. The Amateur Radio Emergency Service is also available to assist. This service shall be activated by the CCG only. County of Elgin - Emergency Response Plan 24 COMMUNICATIONS PROTOCOL BETWEEN MUNICIPAL EMERGENCY OPERATIONS CENTRE EOC AND COUNTY EOC: Communications (both electronic and human) is vital to the operation of the EOC. The following protocol shall be followed when the County declares an Emergency: 1. Municipalities are the authority over the emergency; the County EOC is there to provide ADVICE and SUPPORT. 2. The information shall be passed from the communications room support team to the Control Group in the County EOC. The Control Group shall process the information and provide responses back through the communications room support team to the lower teir EOC's. The responses from the communications room must go to the local municipal EOC Manager or contact person. County of Elgin - Emergency Response Plan 3. The Community Control Group, Advisory Group, and the Support and Security Group communication flow shall be as follows: 25 0 The Incident Command Site, Municipal EOC's and County EOC communication flow shall be as follows: Single Site Emergency Multiple Site Emergency �Illll�llll�llllllo�ndn�n�ll�lllllllllllllll��ll uuuiui�N� ��11U �1j11>a1�N NN �N ��IU� ui�llllliilllllll IIIiIfV� nnnn n�ll� Illuul VIII uuuiui�N� g1�1U �1j11>a1�N NN �N ui�llllliilllllll Illilflu nnnn n�ll� IIIIIIII VIII J�IIUIu� County of Elgin - Emergency Response Plan 26 EVACUATION PLANNING In an emergency, it may be necessary for residents to be temporarily evacuated. When such an evacuation is deemed necessary, one or more emergency reception centres may need to be opened in a safe area. As well, Municipalities within the County have locations identified as Evacuation Centre's. that have been approved for use by the Elgin St Thomas Health Unit as a suitable location to provide shelter. RECOVERY PLANNING This plan assigns responsibilities and outlines activities that may be required to bring the municipality back to its pre -emergency state. The plan will be activated (in whole or part) at the direction of the County Control Group. This will be determined by the nature of the emergency and its aftermath, but will normally occur once the immediate response to the emergency has been completed. Media and Public Relations It is important to coordinate the release of accurate information or instructions to the news media, the public, and individual requests for information concerning any aspect of the emergency. In order to fulfill these functions during an emergency, the following positions may be established: • County Media Coordinator • On -Site Media Spokesperson • County Citizen Inquiry Representative A Municipal Emergency Control Group may have initially appointed these positions. Once appointed, they will remain in control unless the County Control Group deems it necessary to appoint a replacement. Depending on the scope of the emergency, there may be a need for an On -Site Media Centre near the emergency site, and a County Media Information Centre near, but not in, the EOC. In some cases a joint media information centre may be more desirable. THE COUNTY MEDIA COORDINATOR The County Media Coordinator will be responsible for: • Establishing a communications link with the Municipal Media Coordinator(s), the On -Site Media Spokesperson, the County Citizen Inquiry Representative, and any other media coordinator(s) (i.e. Provincial, Federal, private industry, etc.) involved in the incident; County of Elgin - Emergency Response Plan 27 • The dissemination of information, and planning for news releases at appointed times; • Ensuring that all information released to the media and public is consistent and accurate; • Appointing an assistant to attend the On -Site Media Information Centre, and appointing any other personnel required; • Designating and coordinating a County Media Information Centre for members of the media to assemble for the issuance of accurate media releases and authoritative instructions to the public; • Briefing the CCG on how the County Media Information Centre will be set up; • Liaising regularly with the CCG to obtain the appropriate information for media releases, coordinate individual interviews, and organize press conferences; • Establishing telephone numbers for media inquiries and ensuring that the following are advised accordingly: • Media • CCG • Switchboard for County Emergency Services • On -Site Media Spokesperson • Municipal Media Coordinators • County and Municipal Citizen Inquiry Representatives • Any other appropriate persons, agencies, or businesses; • Providing direction and regular updates to the County Citizen Inquiry Representative to ensure that the most accurate and up-to-date information is disseminated to the public; • Ensuring that all information released to the media and public is first approved by the Head of the CCG; • Monitoring news coverage and correcting any erroneous information. ON-SITE MEDIA SPOKESPERSON If necessary an On -Site Media Spokesperson shall be appointed by the Emergency Site Manager and is responsible for: • Establishing a communication link and regular liaison with the County Media Coordinator at the EOC; • Responding to inquiries from the media pertaining to the scene only, and only after clearance by the County Media Coordinator; • Redirecting all inquiries regarding decisions made by the CCG and the emergency as a whole to the County Citizen Inquiry Representative; County of Elgin - Emergency Response Plan 28 • Establishing and coordinating a media information centre in a safe, appropriate location, at or near the site, for the media to assemble; • Advising the following persons and agencies of the location and telephone number(s), as available, of the Site Media Information Center: • Media • CCG • Switchboard for County Emergency Services • Municipal Media Coordinators • County and Municipal Citizen Inquiry Representatives • Any other appropriate persons, agencies, or businesses; • Ensuring that media arriving at the site are directed to the site information centre; • Where necessary and appropriate, coordinating media photograph sessions at the scene; • Coordinating on -scene interviews between emergency services personnel and the media. THE COUNTY CITIZEN INQUIRY REPRESENTATIVE The County Citizen Inquiry Representative will be provided for by the Ontario Works Representative and shall be responsible for: • Establishing a Citizen Inquiry Service, including the appointment of personnel and designation of telephone lines; • Informing the County Media Coordinator of the establishment of the Citizen Inquiry Service and designated telephone number(s); • Advertising public information phone numbers through the media as quickly as possible, and advising that 9-1-1 is not to be used as an inquiry line; • Apprising the affected emergency services and the CCG of the establishment of the County Citizen Inquiry Service and designated telephone number(s); • Liaising with the County Media Coordinator to obtain current information on the emergency; • Responding to, and redirecting inquiries and reports from the public based upon information from the County Media Coordinator; • Responding to and redirecting inquiries pertaining to the investigation of the emergency, deaths, injuries, or matters of personnel involved with or affected by the emergency to the appropriate emergency service; • Responding to and redirecting inquiries pertaining to persons who may be located in evacuation or reception centres to the registration and inquiry telephone number(s); 0 Procuring staff to assist as required. County of Elgin - Emergency Response Plan 29 PUBLIC INFORMATION & INQUIRY Depending on availability, information concerning an emergency situation will be communicated to the public through a number of means. These include: newspaper, radio, television, public addressing system, telephone, newsletter, and individual visitation. Where appropriate, public meetings will be held to provide information to members of the public concerning an emergency situation. Such meetings will be coordinated and conducted by the CCG. Request for Provincial / Federal Assistance If locally available resources, including those which might be available from bordering municipalities and/or county sources, are insufficient to meet emergency requirements, then assistance may be requested from the Province by the County on behalf of the affected local municipality. The Ministry of Community Safety and Correctional Services, through Emergency Management Ontario, is the focal point for provincial assistance during an emergency. It should be notified if the threat of an emergency exists, and must be notified when an emergency has been declared. While it will not take over and manage the emergency, it can provide liaison and coordination, and a central point for contact with other provincial ministries, and the federal government if required. All requests for provincial and federal assistance shall be directed through Emergency Management Ontario. Plan Review, Testing, and Maintenance This plan shall be reviewed annually, and where necessary shall be revised by the County Emergency Management Coordinator. Each time the plan is revised, it must be forwarded to County Council for approval; however, revisions to an appendix or minor administrative changes can be made without Council approval. An annual exercise will be conducted to test the overall effectiveness of the plan and to provide training to the members of the County Control Group. Procedural By -Law 18-38 COUNTY OF ELGIN By -Law No. 18-38 "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 -Laws No. 11-06, 02-37, 03-33 and 07-36 and amendments thereto, in order to make and establish rules and regulations for governing the proceedings of Council; and WHEREAS it is necessary to update the Procedural By -Law in keeping with the requirements of Bill 68 "Modernizing Ontario's Municipal Legislation Act and to repeal previous by-laws to comply with amendments to the Municipal Act, 2001, S.O. 2001. NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows - 1. THAT this By -Law shall apply to Council's local boards and committees where applicable. 2. THAT this By -Law comes into force and take effect upon passing. 3. THAT By -Law 11-06 and any previous By -Law inconsistent with this By -Law be and are hereby repealed. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 27TH DAY OF NOVEMBER 2018. Julie Gonyou, David Marr, Chief Administrative Officer Warden Procedural By -Law 18-38 APPENDIX `A' By -Law No. 18-38 RULES OF ORDER AND PROCEDURES GOVERNING THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE COUNTY OF ELGIN AND COMMITTEES THEREOF TABLE OF CONTENTS DEFINITIONS.....................................................................................................5 2. PURPOSE.........................................................................................................7 3. PRINCIPLES OF THE PROCEDURAL BY-LAW.......................................................7 NOTICE OF MEETINGS OF COUNCIL........................................................11 4. APPLICATION.....................................................................................................8 5. INTERPRETING THE PROCEDURAL BY-LAW.........................................................8 (D) 6. SUSPENSION OF RULES.....................................................................................8 (E) 7. MAJORITY VOTE................................................................................................8 (F) 8. COUNCIL COMPOSITION....................................................................................8 (G) 9. INAUGURAL MEETING AND ANNUAL ELECTION OF WARDEN ...............................9 10. APPOINTMENT OF DEPUTY WARDEN.................................................................11 (1) 11. REGULAR MEETINGS OF COUNCIL....................................................................11 (J) (A) LOCATION AND SCHEDULE OF MEETINGS OF COUNCIL AND OTHER 12. PREPARATION OF THE AGENDAS OF COUNCIL.................................................15 13. AGENDA.........................................................................................................15 (A) REGULAR MEETING................................................................................15 (B) INAUGURAL MEETING.............................................................................15 2 COMMMITTEES......................................................................................11 (B) NOTICE OF MEETINGS OF COUNCIL........................................................11 (C) SPECIAL MEETINGS OF COUNCIL............................................................12 (D) NOTICE OF SPECIAL MEETINGS OF COUNCIL...........................................12 (E) EMERGENCY MEETINGS OF COUNCIL.....................................................12 (F) NOTICE OF EMERGENCY MEETINGS OF COUNCIL....................................13 (G) WORKSHOP AND ORIENTATION MEETINGS..............................................13 (H) NOTICE OF WORKSHOP AND ORIENTATION MEETINGS .............................13 (1) CANCELLATION OR POSTPONEMENT OF MEETINGS.................................13 (J) INVALIDATION OF NOTICE OF MEETING...................................................13 (K) QUORUM................................................................................................14 (L) LATE ARRIVAL........................................................................................14 (M) ELECTRONIC PARTICIPATION.................................................................14 12. PREPARATION OF THE AGENDAS OF COUNCIL.................................................15 13. AGENDA.........................................................................................................15 (A) REGULAR MEETING................................................................................15 (B) INAUGURAL MEETING.............................................................................15 2 Procedural By -Law 18-38 14. CHANGES IN ORDER OF AGENDA OF COMMITTEE OF THE WHOLE....................16 15. MATTERS OF URGENCY/ADDENDUM TO AGENDA............................................17 (B) 16. OTHER BUSINESS..........................................................................................17 (C) VOTING DURING MEETINGS CLOSED TO THE PUBLIC...............................25 (A) STATEMENTS/ INQUIRIES BY MEMBERS..................................................17 (D) NOTICE OF MEETINGS CLOSED TO THE PUBLIC.......................................26 (B) NOTICE OF MOTION................................................................................17 (E) 17. REPORTS FROM COUNTY STAFF....................................................................18 18. PETITIONS, DELEGATIONS AND CORRESPONDENCE.......................................18 (F) (A) PETITIONS.............................................................................................18 (B) DELEGATIONS.......................................................................................19 (G) (C) CORRESPONDENCE...............................................................................19 (D) MINUTES...............................................................................................20 19. COMMITTEE OF THE WHOLE...........................................................................20 20. PECUNIARY INTEREST...................................................................................21 21. RULES OF DEBATE........................................................................................21 22. RECONSIDERATION.......................................................................................22 23. READINGS OF BY-LAWS AND PROCEEDINGS..................................................22 24. MOTIONS FROM OTHER MUNICIPALITIES AND ORGANIZATIONS REQUESTING ENDORSEMENT .............................................................................................23 25. PRESENTATIONS AND RECOGNITIONS............................................................23 26. OPEN MEETINGS AND CLOSED SESSION MEETINGS........................................24 (A) OPEN MEETINGS AND IMPROPER CONDUCT............................................24 29. (B) CLOSED SESSION MEETINGS..................................................................24 30. (C) VOTING DURING MEETINGS CLOSED TO THE PUBLIC...............................25 31. (D) NOTICE OF MEETINGS CLOSED TO THE PUBLIC.......................................26 (E) CONFIDENTIALITY OF CLOSED SESSION DISCUSSIONS AND PUBLIC (B) NOTIFICATION PROCESS........................................................................31 DISCLOSURE.........................................................................................26 (F) APPLICATION OF OPEN AND CLOSED MEETING PROVISIONS TO ALL COMMITTEES........................................................................................27 (G) CLOSED MEETING INVESTIGATION.........................................................27 27. DUTIES OF THE WARDEN AND CHAIR.............................................................27 28. WARDEN ENTERING DEBATE.........................................................................29 29. COUNCIL MEMBER ROLES AND RESPONSIBILITIES..........................................29 30. ABSENCE OF WARDEN AND/OR DEPUTY WARDEN..........................................30 31. ALTERNATE COUNCIL MEMBER......................................................................30 (A) GENERAL PROCEDURES.........................................................................30 (B) NOTIFICATION PROCESS........................................................................31 (C) MEETING ADMINISTRATION.....................................................................31 9 Procedural By -Law 18-38 (D) APPOINTMENT OF ALTERNATE MEMBER LESS THAN 1(ONE) MONTH......... 31 (E) APPOINTMENT OF ALTERNATE MEMBER EXCEEDING 1(ONE) MONTH........ 32 32. MEMBER VACANCY.......................................................................................33 (A) VACANCY OF SEAT OF MEMBER OF COUNCIL..........................................33 (B) VACANCY OF SEAT OF WARDEN.............................................................33 (C) PREGNANCY AND PRENTAL LEAVE.........................................................34 33. ADMINISTRATIVE AUTHORITY OF CAO/CLERK.................................................34 34. ORGANIZATION OF COMMITTEES...................................................................35 35. AD HOC, COMMITTEE OR STEERING COMMITTEES..........................................35 36. COMMITTEE VACANCIES/APPOINTMENTS.......................................................36 37. OTHER COMMITTEES/BOARD/AGENCIES.........................................................36 38. GENERAL RULES FOR ALL COMMITTEES........................................................37 39. DUTIES OF COMMITTEES................................................................................37 40. RESTRICTION ON POWER OF MEMBERS..........................................................37 41. REPEAL OR AMENDMENT OF THIS BY-LAW.....................................................38 42. CONVENTION ATTENDANCE...........................................................................38 43. PUBLIC RECORD...........................................................................................38 44. GENERAL PROVISIONS..................................................................................38 45. CONFLICT WITH THE MUNICIPAL ACT.............................................................38 46. SEVERABILITY...............................................................................................38 rd Procedural By -Law 18-38 1. Definitions (a) In this By -Law: "Act" means the Municipal Act, 2001 S. 0. 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. 9 Procedural By -Law 18-38 "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. n Procedural By -Law 18-38 "Quorum" means, in the case of Council, a majority of Members representing at least one-half of the lower -tier municipalities, pursuant to Section 237 of the Act. In the case of a Committee of Council, quorum is a majority of the whole number of Members of the Committee, including the Chair. "Recorded Vote" means a vote taken on a matter of business, whereupon the CAO/Clerk duly notes the name of each Member present and their vote in the Minutes, as provided for in Section 246 of the Act. Section 246(2) of the Act specifically notes that a failure to vote by a Member who is present at the Meeting at the time of the vote and who is qualified to vote shall be deemed to be a negative vote. "Rules of Procedure" means the rules and regulations provided in this By -Law and, where necessary, Robert's Rules of Order (Newly Revised). "Secretary" means the person responsible for recording the Minutes of Council or Committee meetings, the preparation of the agenda and the preparation of any resulting correspondence, as designated by the CAO/Clerk. "Standing Committee" means a Committee established by Council, comprised entirely of Members of Council, to carry out duties on an ongoing basis, as specified by Council. "Steering Committee" means any advisory body, roundtable or other body Council established to advise on specific areas of interest, with Members of the public and staff making up more than 50 per cent of the membership and Council Members or other elected officials making up the rest. "Warden" means the Warden of the Corporation of the County of Elgin, in accordance with the Act, and the term is interchangeable with "Chair", "Chief Executive Officer (CEO)", and "Head of Council" for the purposes of conducting Committee meetings. 2. Purpose (a) This By -Law (referred to as the Procedural By -Law) establishes the rules of order for Council and Committee Meetings. 3. Principles of the Procedural By -Law (a) The principles of openness, transparency and accountability to the public guide the County's decision-making process. In the context of Council and other Committee proceedings, this is accomplished by: i. Ensuring the decision-making process is understood by the public and other stakeholders; ii. Providing access to information and opportunities for input by the public and other stakeholders consistent with the requirements of this By -Law and other statutory requirements; iii. Exercising and respecting individual and collective roles and responsibilities provided for in this Procedural By -Law and other statutory requirements; iv. The protection of basic rights by recognizing the right of the majority to decide, the minority to be heard and individuals have the opportunity to participate. 7 Procedural By -Law 18-38 (b) The principles of parliamentary law governing Council and Committee Meetings include: i. The majority of Members have the right to decide; ii. The minority of Members have the right to be heard; iii. All Members have the right to information to help make decisions, unless otherwise prevented by law; iv. All Members have a right to an efficient Meeting; v. All Members have the right to be treated with respect and courtesy; and vi. All Members have equal rights, privileges and obligations. 4. Application (a) The rules and regulations contained in this By -Law set out the rules of order for the dispatch of business in Council and Committee Meetings and shall be observed in all proceedings of Council and Committees appointed by Council. 5. Interpreting the Procedural By -Law (a) In the event of conflict between this By -Law and a valid and binding statute, the provisions of the statute prevail. (b) A specific statement or rule in this By -Law has greater authority than a general one. (c) If there is a conflict between two or more rules in this By -Law, or if there is no specific rule on a matter, the Chair will rule. In making a ruling, the Chair may consult the CAO/Clerk, rely on previous rulings or practices, or refer to Robert's Rules of Order (Newly Revised). 6. Suspension of Rules (a) The rules and regulations contained herein that are discretionary and not mandatory under statute may be temporarily suspended by a majority vote of Council or Committee Members present, with the exception of the following circumstances: i. Where required by-law; ii. Contractual agreements binding the County; iii. Amending this Procedural By -Law; and, iv. Quorum requirements. 7. Maioritv Vote (a) Unless this Procedural By -Law states otherwise, a matter passes when a Majority of Members present vote in the affirmative. 8. Council Composition (a) Section 458 of the Act, provides that as of January 2, 2003, the composition of the Council of a municipality, the method of electing or appointing its Members, the number of votes 8 Procedural By -Law 18-38 given to each Member and the titles of its Members shall be the same as they were on December 31, 2002. On December 31, 2002, pursuant to By -Law 97-8 passed on March 18, 1997, the composition of the Corporation of the County of Elgin Council ("Elgin County Council" was: County Council will have nine (9) Members, being the Mayors from each of the seven (7) municipalities within the County of Elgin and the Deputy Mayors of the Municipality of Central Elgin and the Township of Malahide, thereby constituting the composition of such Council as follows: Municipality of West Elgin — One (1) Member (the Mayor) Municipality of Dutton Dunwich — One (1) Member (the Mayor) iii. Township of Southwold — One (1) Member (the Mayor) iv. Municipality of Central Elgin — Two (2) Members (the Mayor and the Deputy Mayor) v. Township of Malahide — Two (2) Members (the Mayor and the Deputy Mayor) vi. Town of Aylmer — One (1) Member (the Mayor) vii. Municipality of Bayham — One (1) Member (the Mayor) (b) The Head of Council, the Warden, will be elected by County Council from amongst the Members of Council on an annual basis. (c) Each Member of Council will have one (1) vote. (d) As provided for in the Act, the Councils of the seven (7) municipalities have the authority to appoint alternates from the Members of Council to represent the municipality on County Council in the absence of Mayor and/or Deputy Mayor in accordance with Section 32 of this Procedural By -Law. 9. Inaugural Meeting and Annual Election of Warden (a) 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. 9 Procedural By -Law 18-38 (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. vi. Voting shall be by secret ballot and balloting will continue until a candidate obtains a majority of votes. The CAO/Clerk shall count the votes, in the presence of a representative/witness to be chosen by the CAO/Clerk. vii. In the event there are more than two (2) candidates, the candidate receiving the lowest number of votes shall retire. At no time shall the actual number of votes received by any candidate be announced, only the name or names of successful candidate during such round of voting. viii. If two (2) candidates with the least number of votes are tied, then a tie-breaker ballot between the two lowest (tied) votes shall take place. ix. By Motion, the CAO/Clerk shall be directed to destroy the ballots after the election has been completed. x. For the purposes of electing the Warden, each Member of County Council shall have one vote. A. In the case of an equality of votes for Warden, the successful candidate shall be determined by the CAO/Clerk placing the names of the candidates on equal sized pieces of paper in a box and one name being drawn by a person chosen by the CAO/Clerk. xii. The Warden -Elect shall forthwith sign and declare and read aloud the Declaration of Office and, on completion thereof, he or she shall take the Chair. 10 Procedural By -Law 18-38 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. 11 Procedural By -Law 18-38 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. 12 Procedural By -Law 18-38 (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. 13 Procedural By -Law 18-38 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. (j) 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: 14 Procedural By -Law 18-38 (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 or as soon as the Member becomes aware of the emergency. 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 but can participate electronically; (c) The Council Member may participate electronically but their vote shall not be counted or recorded; (d) The Chair shall repeat the results of each vote, including the names of Council Members voting in favour and opposition, immediately following each 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 1St Meeting Called to Order 15 Procedural By -Law 18-38 2nd Adoption of Minutes 3rd Disclosure of Pecuniary Interest and the General Nature Thereof 4th Presenting Petitions, Presentations and Delegations 5th Motion to Move into Committee of the Whole Council 6th Reports of Councillors, Outside Boards and Staff 7th Council Correspondence: i. Items for Consideration ii. Items for information (Consent Agenda) 8th Other Business: i. Statements/Inquiries by Members ii. Notice of Motion iii. Matters of Urgency 9th Closed Meeting Items 10th Recess 11 th Motion to Rise and Report 12th Motion to Adopt Recommendations from the Committee of the Whole 13th Consideration of By -Laws 14th Adjournment 15th Public Notice (b) Inaugural Meeting/Annual Warden's Election 1St Meeting Called to Order 2nd Receipt of Declaration of Acclamation to Office or Declaration of Election from Councillors (the first year only after a municipal election) 3rd Declaration of Office by Councillors (the first year only after a municipal election) 4th Election of Warden 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 91h Resolution to Destroy the Ballots (if required) 10th Adoption of Minutes 11th Warden to Recommend Committee and Outside Board Appointments 12th Consideration of By -Laws 13th Other Business: i. Statements/Inquiries by Members ii. Notice of Motion iii. Matters of Urgency 14th Recess 14. Changes in Order of Agenda of Committee of the Whole (a) The business of Council is dealt with in the order stated on the published agenda, unless the Warden consents to changing the order. 16 Procedural By -Law 18-38 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 When a Councillor wishes to inform Council of a matter that does not require action and consideration by Council or otherwise wishes clarification of a matter, such information may be announced under "Statements/Inquiries by Members". It is understood that these announcements are made solely for Council's information and that under no circumstances shall Council take action within this category. (b) Notice of Motion Notices of Motion shall be received by the CAO/Clerk at any time Council is meeting and in his or her office in advance of the production and distribution of the agenda material and shall be printed in the agenda. A Notice of Motion shall be dealt with by Council at the Meeting at which it appears printed in the agenda. A Notice of Motion that is not printed in the agenda shall be dealt with in the order of business of Motions at any subsequent Meeting of Council. 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. 17 Procedural By -Law 18-38 ix. All amendments shall be placed in the reverse order in which they are moved; and every amendment to the Motion shall be decided upon or withdrawn before the main question is put to vote. x. There shall not be more than two (2) amendments to the main question or any Motion. A. Not more than one (1) amendment shall be allowed to any amendment. xii. After any question is finally put to vote by the Warden or other Chair, no Member shall speak to the question nor shall any other Motion be made until after the result is declared. xiii. Whenever the Warden or other Chair is of the opinion that a Motion offered to Council is contrary to law or the rules and privileges of Council, he or she shall apprise the Members thereof immediately. xiv. Members shall always take their places prior to any decision being called. xv. When the Warden or other Chair is called on to decide a point of order or practice, he shall state the rule or authority applicable to the case. 17. Reports from County Staff (a) If deemed appropriate by the CAO/Clerk, any County Staff may report to the Warden and Members of Council at any session of Council. 18. Petitions, Delegations, Correspondence and Minutes (a) Petitions Every petition, protest, or other written application intended to be presented to Council must be legibly written or printed on paper, and signed by at least one person, complete with their mailing address and telephone number. The Warden, in consultation with the CAO/Clerk, shall determine whether the delegation(s) request is 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. 18 Procedural By -Law 18-38 (b) Delegations An individual may make a delegation at any Meeting of Council or Committee related to an item of business on the agenda. Any person or groups of persons wishing to address Council or Committee is required to make the necessary arrangements through the CAO/Clerk, at least eight (8) days prior to the date of the Council or Committee Meeting. Written briefs shall be provided so that sufficient time will permit distribution to the Members of Council, prior to the said Meeting. The CAO/Clerk's determination as to when a deputation will be scheduled is final. iii. Once a delegation has addressed Council or Committee, no further request on the same issue will be entertained until written information is produced to Council or such Committee and it agrees that another delegation is warranted. iv. No person or delegation shall be permitted to address Council or Committee on a subject not on the Agenda, unless permission is granted on the consent of the Chair and on two-thirds majority of members in support of such presentation. v. A delegation shall be limited to a maximum of fifteen (15) minutes. Council or Committee may, by Motion, and with the support of the majority of its members lengthen the time for hearing of delegations. vi. A delegation consisting of more than five (5) persons shall be limited to two speakers and to a total time limitation of fifteen (15) minutes for the delegation presentation. Council or Committee may by Motion lengthen the time for hearing of delegations. vii. No more than four (4) delegations shall be scheduled to address Council at any Regular, Special or Emergency Meeting, unless otherwise permitted by the Warden. viii. The CAO/Clerk shall provide all individuals or groups seeking to address Council or Committee with a copy of the appropriate section of this Procedural By -Law dealing with delegations. 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 addressed by a delegation before indicate this wish to the CAO/Clerk delivered. (c) Correspondence provided with further Notice related to a matter Council or Committee, he or she is required to as part of his or her delegation request originally 19 Procedural By -Law 18-38 When correspondence has been requested to be included on a Council agenda or on the request of a Member of Council or Committee to the CAO/Clerk or any Chair of any Committee, such correspondence is placed on the agenda for a regular Meeting. Correspondence must be received no less than eight (8) days prior to a regular Council Meeting. Where required due to urgency or timing, correspondence may be considered directly by Council as an item of New Business, 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. 20 Procedural By -Law 18-38 19. Committee of the Whole (a) When Council wishes to consider a subject(s) with all the freedom granted an ordinary committee, it may refer the matter to Committee of the Whole. Members may speak more than once to the same question and the limitations on length of speaking, if any, are relaxed. (b) 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. 21 Procedural By -Law 18-38 (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. (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. 22 Procedural By -Law 18-38 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. 23 Procedural By -Law 18-38 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; (j) 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. 24 Procedural By -Law 18-38 ii. A meeting or part of a meeting shall be closed to the public if the subject matter being considered is: (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, ct,and, (b) The general nature of the matter to be considered at the Meeting closed to the public. v. 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. vi. When in a Closed Meeting, no one shall leave and re-enter the Meeting room without the approval of the Warden or Chair. vii. All Closed Meeting Minutes for Council and Committee Meetings shall be circulated electronically prior to the commencement of the next Meeting. viii. Closed Meeting Minutes 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 i. No vote will be taken at a Meeting described in Section 26 (b) of this Procedural By - Law, and which is closed to the public, unless: (a) The subject matter relates to an issue as described in Section 26 (b) of this By - Law; and 25 Procedural By -Law 18-38 (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. 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: (a) Motion to rise without reporting (b) Motion to rise and report (c) 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. 26 Procedural By -Law 18-38 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. (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; 27 Procedural By -Law 18-38 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; 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 28 Procedural By -Law 18-38 xxiv. To adjourn the Meeting when the business of Council is concluded. (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 29 Procedural By -Law 18-38 A. Complying with the Council Code of Conduct. (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. 30 (b) Procedural By -Law 18-38 iv. Constituent municipalities are able to appoint an Alternate Member of County Council in accordance with the following provisions: (a) There can only be one Alternate Member appointed per municipality; (b) The appointment is for the term of Council; 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. 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 or electronic 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. 31 Procedural By -Law 18-38 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. (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, 32 Procedural By -Law 18-38 account access and applicable support resources such as but not limited to the County's Integrity Commissioner. 32. Member Vacancy (a) Vacancy of Seat of Member of Council i. 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 i. 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. 33 Procedural By -Law 18-38 (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 Procedural By -Law 18-38 34. Organization of Committees (a) The Warden shall recommend and Council shall appoint representatives from within their membership to various committees/boards/agencies at the first Meeting in December of each year. (b) A Meeting of any Committee may be called by the Chair thereof whenever a Meeting is considered necessary by at least a majority of the Members of such committee and it shall be his or her duty to call such Meeting in writing. (c) All Members of Council shall be appointed to at least one position on any Committee, Board or Agency. (d) All Members of Council are equally eligible to serve on any Committee, 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: Identification of Members as appointed including term of office for lay appointments if the term does not coincide with the term of council; 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. 35 Procedural By -Law 18-38 (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. (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 Committee(s) 3 Members + Warden (per project) Rural Initiatives Committee 3 Members St. Thomas -Elgin Public Art Centre 1 Member Waste Management/Liaison All Members of Council Water Advisory Committee 1 Member Land Division 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. 36 Procedural By -Law 18-38 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: i. the general duties of the Committees of Council shall be to report to Council from time to time, whenever desired by Council and as often as the interest of the County may require, on all matters concerned with the duties imposed on them respectfully, and to recommend such action by Council in relation thereto as may be deemed necessary. ii. to cause to be prepared and introduced into Council all By -Laws as may be necessary to give effect to such of their reports or recommendations as are adopted by Council. iii. to consider and report on any and all matters referred to them by Council 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 37 Procedural By -Law 18-38 (a) No Member of Council shall have power to direct or interfere with the performance of any work of the County Corporation. 41. Repeal or Amendment of this By -Law (a) This By -Law is not to be amended or repealed except by a majority vote when all Members of Council are present. (b) No amendment or repeal of this By -Law is to be considered at any Meeting of Council unless Notice of the proposed amendment or repeal has been given at a previous regular Meeting of Council. 42. Convention Attendance (a) County Councillors shall be permitted to attend any convention or conference in accordance with the established convention policy, provided the said convention or conference is relevant to the business of the County, subject to a maximum allowance. 43. Public Record (a) All communications that the CAO/Clerk receives about a matter on the agenda of a public or open Meeting will form part of the public record. Personal information and opinions in 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: 38 Procedural By -Law 18-38 the legality, validity or enforceability of the remaining provisions of this By -Law, in whole or in part; or ii. the legality, validity or enforceability of that section, in whole or in part, in any other jurisdiction. ENACTED THIS 27th DAY OF NOVEMBER, 2018. 39 COUNTY OF ELGIN By -Law No. 18-39 "BEING A BY-LAW TO AMEND BY-LAW 05-03 (WOODLANDS CONSERVATION BY-LAW)" WHEREAS pursuant to Section 135 of the Municipal Act, 2001, County Council enacted By -Law No. 05-03 (Woodlands Conservation By -Law) as a by-law to prohibit or regulate the harvest, destruction, orinjury oftrees imthe County ofElgin; AND WHEREAS the Municipality of Central Elgin has petitioned County Council to amend the said By -Law No. 05-03 (Woodlands Conservation By -Law) to enact further prohibitions and regulations for the harvest, destruction, or injury of trees located upon specified slopes within the territorial limits ofthe said Municipality of Central Elgin; AND WHEREAS County Council iyprepared toenact recommended amendments to By -Lew No. 05-83 (&/ond|mndn Conservation By -Law) to provide for such further prohibitions and regulations applicable tospecified slopes within the territorial limits ofthe County of Elgin including but not necessarily limited to the territorial limits of the Municipality of Central Elgin. NOW THEREFORE the Council of the Corporation ofUeCounty ofElgin enacts aa follows: 1. THAT By -Law No. 05-03 (Woodlands Conservation By -Law) be and same is hereby amended aefollows: 1.1 The following subsection, identified as subsection (uu), be added to section 1 "(uu) — "Injure" means any action that causes physical, biological, or chemical damage toatree but does not include pruning orremoval ufbranches for maintenance purposes as undertaken in accordance with Good Forestry Practices, and ^|njuryfshall have omeaning consistent therewith.^ 1.2 The following section, numbered and identified aasection 31^shall beadded between sections 8and 4; ^3] Exceptions toExemptions (a) The exemptions provided for insections 3(n)and 3(q)above donot apply tulands identified inSchedule ^L~hereto and for which the harvest, destruction, orinjury ofatree ortrees upon such lands requires that a Slope Permit beobtained pursuant tmsection 5.1 be|ow.^ 13 Section (a)shall bedeleted and the following section substituted therefor: ^(a)Every owner ofwoodlands orperson acting oobehalf ofthe owner who intends tmharvest, destroy, orinjure trees personally orthrough another person under Section 2(a)(i)orSection 2(o)(ii)ofthis By -Law shall complete and submit tothe Clerk anapplication toharvest, destroy, or injure trees aoprescribed inSchedule ^F^hereto not less than thirty (3O) days prior to the commencement of such harvest, destruction, or injury." 1.4 The following section, numbered and identified as section 5.1, shall be added between sections 5 and 6; ^51 Regulations for Harvest, Destruction, nvInjury toTrees onSlopes —Slope (a) Without limiting the generality nfthe procedure and requirements set forth iosection 5above, where the harvest, destruction orinjury ofany tree or trees iaproposed and/or intended for lands located with aWoodlands Slope area identified on mapping attached as Schedule ~L=(L1 to L7 inclusive) heretn.the owner ofsuch lands orany person acting onbehalf of the owner shall also apply for and obtain aSlope Permit authorizing such harvest, destruction, orinjury oftree ortrees. (b) The following rules apply tothe harvest, destruction, nrinjury ofany tree or trees from slopes as identified in Schedule "U hereto: (0 The owner ofany woodlands orany person acting onbehalf ofsuch owner shall consult with the Officer prior hnsubmission ofthe Application for Slope Permit to, among other things, confirm the requirement to apply for and obtain such Permit and otherwise received preliminary direction aatodocumentation required iobe delivered insupport ofsuch application. (ii) Concurrent with submission ofthe Application hzharvest, destroy cv injure trees anset forth insection 5(a)above, the owner ofany woodlands orany person acting onbehalf ofsuch owner shall also apply for and obtain aSlope Permit axprescribed inSchedule ^N^ hereto and inthat regard shall submit the following additional documentation tothe Clerk: (1) AnApplication for Slope Permit onprescribed inSchedule ^M^ hereto (hereinafter referred to as the "Application"); (2)The fee, ifany, asprescribed inSchedule ^G"hereto; (3) Whhh*n confirmation ofpre-consultation with the Offioer, including preliminary direction aotodocumentation required tosupport the Application for Slope Permit; (4) |frequired atthe preliminary direction ofthe Officer, anArborist Report identifying the tree ortrees tnbeharvested, destroyed, or injured, adescription ofthe health ofsuch tree ortrees, and, if included, recommendations aoto, operations for the harvest, destruction, orinjury ofsuch tree ortrees; (5) |frequired atthe preliminary direction ofthe Officer, ureport prepared byaqualified geotechnical engineer that certifies that the proposed harvest, destruction, orinjury oftree ortrees will not create increased erosion orland slip tothe subject slope area and identified remedial works 1obeundertaken t000ntro|anosionand land slip upon the subject slope area; (6) If required otthe preliminary direction ofthe Officer, astatement signed bythe Applicant ensuring that the Applicant will be responsible for undertaking and completing all recommendations made bythe arborist inaccordance with the report described in item (4)above and all works required bythe geotechnical engineer ioaccordance with the report described initem (5) above; (7) If required at the preliminary direction ofthe Officer, astatement detailing the proposed method ofdisposal ofany wood waste / clearing debris; (8) Ifrequired atthe preliminary direction ofthe Officer, estatement detailing the proposed method for adequate control ofdrainage QH The written consent ofany adjacent property owner ifthe base of any tree ortrees tubeharvested, destroyed, orinjured straddles a property line with that adjacent owner; and, (10Ifthe Application is not made by the owner ofthe lands from which the tree ortrees is toberemoved, the written consent ofthe owner ofsuch lands from which any tree ortrees ioorare tobe harvested, destroyed, or injured. (iii) The Clerk, onthe advice ofthe Officer, shall advise the person submitting the Application asreferred toinsection 5.1(b)(ii)(|)that the Application imcomplete orincomplete and, ifincomplete, the Clerk shall specify why the Application ioconsidered incomplete. (iv) If the Application as referred to above is withdrawn in writing by the Applicant orifthe Application isincomplete for inexcess ofone (1) year from the date oforiginal submission, itshall bedeemed aa withdrawn and norefund offees shall bamade. The Clerk shall close the Application file when any Application iawithdrawn ordeemed tobe withdrawn. (v) When anApplication iscomplete, the Clerk shall forward the Application, along with all supporting documentation aoreferred 1uin section 5.1 (b)(ii)tothe Officer for review and processing. Concurrently, the Clerk shall also forward aphotocopy ofsuch Application and supporting documentation tothe Clerk ofthe lower tier municipality inwhich the tree ortrees tobeharvested, destroyed or injured iaorare located for review and comment within fifteen (15) days ofdelivery tosuch Clerk ofthe lower tier municipality. (v0 The Officer shall b*responsible for reviewing the Application and all supporting documentation and thereafter, shall decide ifaSlope Permit authorizing the harvest, destruction and injury ofany tree or trees thereunder shall issue terms and conditions applicable tnsuch Slope Permit, providing edall times that the Officer shall not make any determination orissue such Permit without receipt and taking into account the review comments tobareceived from the Clerk ufthe lower tier municipality ao referred to in section 5.1 (b,) (v) above. (vii) Uthe Officer decides toissue mSlope Permit aacontemplated io section 5.1 (b)(vi)above, hashall doeointhe form prescribed in Schedule ^N^hereto and the owner ofthe lands upon which the tree or trees moauthorized tobeharvested, destroyed, urinjured and any person acting onbehalf ofthe owner shall comply with all terms and conditions thereof. (viii) With necessary changes, the requirements ofsections 5(c).(d).and (e)apply Vothe processing and administration ofumApplication for and Slope Permit issued pursuant tothis section. (ix) ASlope Permit issued pursuant tothis section shall bevalid for a maximum ofone (1)calendar year from the date ofissuance. (x) The owner ofthe lands for which aSlope Permit has been denied or the person authorized onhis behalf or, aoitrelates toconditions only, the lower tier municipality within which such lands are located, may appeal the decision ofthe Officer toCouncil and Council may consider and reconsider, oothe case may be, the Application, the denial ofa Slope Permit and/or the terms and conditions thereof and thereafter make adecision aotothe granting ofoSlope Permit and the terms and conditions thereof. (xi) The int*maaU»d party urparties twthe appeal process referred to in Council and furthermore, shall beprovided with acopy ofall relevant documentation in relation thereto, (xii) During the course ofthe appeal hearing oontempIatadbysection 5] (b) (A)above, Council shall hear any person, corporation orbody interested therein who wishes tospeak tosuch appeal and who has previously sought permission todoeo in writing, Upon conclusion of the hearing, Council shall make odecision regarding the appeal ofthe decision nfthe Officer and grant ordismiss the appeal. |fthe appeal is dismissed then the decision ofthe Officer isconfirmed while ifthe appeal iagranted, then the decision ofthe Officer isreversed or otherwise revised usCouncil directs. (xiii) When anApplication for Slope Permit isdenied after an appeal hearing to Council, Council, by its Ckadk, ohe|| in writing notify the Applicant ofsuch denial, the date cfwhich notification shall bmsent to the Applicant byregular mail posted nulater than fifteen (1b)days after the date nfdeoioion.^ 1.5 The Schedules referred to in the said new section 5.1 attached under Schedule "A" tothis amending by-aw.b*added toand incorporated imthe said By -Law No. 05-03 (Woodlands Conservation By-Lmw)aaschedules ^L^'''K8^,and ''N^respectively, and section 11(a)ofBy-Law No. O5'O3(Woodlands Conservation @y-Law)shall bo amended accordingly. 2. THAT the balance of By -Law 05-03 (Woodlands Conservation By -Law) is hereby ratified and confirmed in all other respects. READ A FIRST, SECOND AND, THIRD TIME THIS 27 TH DAY OF NOVEMBER 2018. JuheGunyuu. David Marr, Chief Administrative Officer. Warden SCHEDULE "A" to the By -Law No. 18-39 amending By -Law No. 05-03 (Woodlands Conservation By -Law) SCHEDULE "L" Slopes Subject to Regulation (s. 5.1) Maps Ll to L7 attached Municipality of Thames Centre Township of Malahltle The Municipality of Central Elgin Community of Belmont Schedule L1 Map Leepd Urhaa s,tt€,meat Area Municipal B—dary — Wl-y °^^°`^^• WdTCrC6ar52S W terfiodme a Woodlands Shapes 175 9 e 175 359 Metres 7anuary 2016 Townshipof w, Southo Id of City, or St Thomas 11 11flu" INN ORION I 1 RI1 The Municipality of. Mp L—nd Central Elgin — Urban Soof—VArea MuniclpaE Boundary Community - Railway of Lynhurst W.Wco—es PO ,WA Watarbodks Slopes Schedule L2 150 o 150 300 Metres January 2016 COY of S[ Thomas }—oolp of Snpffi-Id City br St Thomas i�ti�41t itni The Municipality of Central Elgin Community of Norman Lyndale Schedule L3 Man Legend tlrhin Settlement Area Mo ldpN Beundory - .- Ramsay Water6ddles Woodlands Slopes 0 L 200 0 200 400 Mett�s January 2016 Township of Southnvold The Municipality of Central Elgin Community of Union Schedule L4 Man Legend Urban Settlement Arta Municipal Boundary -.- RMIllay Water Waterbodf- Woodlands Slapes wv 225 0 e 225 450 Metres January 2016 The Municipality of Central Elgin Community of Port Stanley Schedule L5 Mal) Lrgend Urban Settlement Area P90nlcipM Boundary RaiEway '--�"-�- Watercourees -� Wakerbotl[es Wpotllands Slopes w. . 2sn 0 656 250 50© Metres )--y 2016 The Municipality of Central Elgin Community of Sparta Schedule L6 Map legend Rural SetU,—t Asea Municipal Mundry Rpif-Y hjJ WA-badies Woodlands S3npes 75 0 n 75 150 Metres 7anuary 2016 i.kea� im• Mssnmv�l The Municipality of Central Elgin Community of New Sarum Schedule U Map t49Snd - Rural Sett[ement Area Municlpal eoenda y -a �-- Watercourses Waterbad€es Woodlands Slopes 4. 75 0 e 75 150 Metres January 2016 SCHEDUUE"M" SLOPE APPLICATION NUMBER APPLICATION TOHARVEST, DESTROY ORINJURE TREES ONSLOPES for the COUNTY OF ELGIN WOODLANDS CONSERVATION BY-LAW NO. D5-83 This completed application must be submitted at least twenty (20) working days prior to the proposed commencement ofthe Harvest. APPLICANT INFORMATION Property Owner's Name: Phone: E-mail: PROPERTY INFORMATION Roll # of woodland: Township: 911 Address of Woodlot: Concession.- Woodland DETAILS OFPROPOSED WORK Expected Starting Date: ___ Person in Charge of Cutting: Contractor's Name: Phone Fax #:— E-mail:Tree Species and Number to be removed oil Attach a sketch/map of property outlining property lines, roads, buildings & structures, north, top &bottom of slope, approximate location of trees to be removed, base of harvest operations, equipment access location, etc. Attach a written description outlining your proposed method(s) for removing wood wuoha clearing debris and equipment tobeused. Add detail tosketch where appropriate. Attach a written description outlining your proposed method(s) for controlling drainage and erosion impacts from the tree removal site. Add detail to sketch where appropriate. SUPPORTING DOCUMENTATION The following documentation isattached hnsupport ofthis Application: Confirmation ofPre-Consultation with and Direction from Officer Report from Arborist (Author* Date: Report from Geotechnical Engineer (Author: Date: Statement Agreeing to CompleteWork/Recommendations Statement Detailing Proposed Method ofDisposal ofWaste/Debris Statement Detailing Drainage Control Measures Written Consent ofAdjacent Property Owner (if required) Written Consent ofOwner (if required) I agree that operations will be in accordance with the provisions of Woodland Conservation By - Law No. 05-03, of the County of Elgin and that I am familiar with the contents and requirements of this By -Law and acknowledge having received a copy thereof. |agpee that operations will be accordance with the recommendations contained within my Arborist report completed by dated I agree that operations will be in accordance with the recommendations contained within my Geotechnical report completed by I dated Further, | agree tocontact the Officer byTelephone (510)S31-127Uext. 231.twenty-four (24) hours prior tnthe start ofcutting. DATED AT this day of 120 Signature of Owner Signature ofContractor Mailing Address: Elgin County Tree Commissioner, c/o Kettle Creek Conservation Authority, RR #8.44015Ferguson Line, St Thomas, Ontario, N5P3T3 Phone: (51Q)931-127Oext. 231 Fax: (51Q)831-5O2O Personal Information on this form is collected under the authority of the MunicipalFreedom of Information and Protection of Privacy Act, Section 32, C and D, and may be used to enforce the By - Application Received by the Officer: Doba Schedule "N" SLOPE PERMIT Permit for the Harvest, Destruction or Injury of Trees on Slopes Permission is hereby granted by the Corporation of the County of Elgin to destroy trees under BY-LAW NO. 05-03 REFERENCE APPLICATION #: ISSUED TO: 911 ADDRESS: LOT: CONCESSION: MUNICIPALITY: Tax Roll Number: Description of area and trees to be destroyed: Conditions of the permit: DATE OF ISSUE: DATE OF EXPIRY: PER Clerk or Designate CLOSED MEETING AGENDA November 27, 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; (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. 2) County Solicitor - Municipal Act Section 239.2 (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 — Notification of Breach of Contract/Road Allowance Agreement.