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November 14, 2006 Agenda ORDERS OF THE DA Y FOR TUESDAY, NOVEMBER 14" 2006 AT 1110:00 A.M." PAGE # ORDER Meeting Called to Order Adoption of Minutes - meeting October 24, 2006 Disclosure of Pecuniary Interest and the General Nature Thereof Presenting Petitions, Presentations and Delegations DELEGATIONS: 10:00 a.m. Dave Phillips, Town Crier Annual Activities Report (Attached) 10:15 a.m. Yanique Smith-Graham, Heather Fraser re: "Disability Management Audit Review", and Dawn Hoskins, Mosey & Mosey (Attached) Motion to Move Into "Committee Of The Whole Council" Reports of Council, Outside Boards and Staff Council Correspondence - see attached 1) Items for Consideration 2) Items for Information (Consent Agenda) OTHER BUSINESS 1) Statementsllnquiries by Members 2) Notice of Motion 3) Matters of Urgency 9th In-Camera Items (see separate agenda) 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 1st 2nd 3rd 4th 2-3 4-23 5th 24-45 6th 7th 46-55 56-69 8th LUNCH WILL BE AT THE WAYSIDE INN -12:30 P.M. November 17/06 Warden's Banquet - East Elgin Community Complex Reception 5:30 P.M. - Dinner 6:30 P.M. I REPORT TO COUNTY COUNCIL FROM: Dave Phillips, Town Crier DATE: October 20, 2006 SUBJECT: TOWN CRIER ANNUAL ACTIVITIES The following is the list of appearances that I have made as Town Crier for the year 2006: January 17 March 5 March 10 May 10 April 26 May 28 June 1 June 10 June 10 June 11 June 12 June 16 June 21 June 22 - Robbie Burns Day - S1. Josephs Psychiatric Hospital, S1. Thomas. - Easter Seal Telethon - St Thomas Complex. - Aaron Walpole - Dutton Community Center presented pins on behalf of her worship Bonnie Vowel, his worship Jim Mcintyre, and his worship Warden Paul Baldwin. - Met two schoolgirls from Australia visiting Dutton and Elgin County. For this a pin each to take home to Australia. - National Volunteer Recognition Week - S1. Thomas Complex. Gave thanks to volunteers across Elgin County on behalf of the Warden and all Mayors of the various communities. - Backus Page Historical Tour Dutton stop. Met lady from England who was very aware of town criers and their duties so I pinned her on behalf of his worship Warden Paul Baldwin. Met Tom Purdy and Marty Porter, two Americans cycling across the U.S. who were told that if they went through Dutton they had to stop and shake my hand because of assisting with Bike America. - Accepted to take training for 2 days in Toronto with C.O.P.D. promotion. NO endorsement of products or companies involved in this venture. Will inform council after training is completed and more information is available as to duties. - Open Rosy Rhubarb - Shedden. - Attended opening of Port Stanley Artist Guild wine and cheese Art Festival. - Rosy Rhubarb all day - Shedden. Presented pin to couple from Sweden who also three years ago met me at Camp Day Tim Horton's 401. - Rosy Rhubarb all day - Shedden. - Thamesville Credit Union Dutton Branch - 1 st anniversary picnic. - JAAC media meeting GT's - Port Stanley. - COPD Ambassador training- Marriott Hotel Toronto. Presented pins to convening hosts and to Dennis Hull honorary chair. - COPD training. Dennis did three radio and one TV interviews. On TV, when asked about the pin he was wearing he stated, "I got that from the Town Crier for the County of Elgin. - COPD wrap up. - Canada Day - Dutton 5:30 pm. - Canada Day - St Thomas 125th anniversary of city incorporation cry Pinafore Park 8:30 pm. -International Day of the Town Crier Phone In all day. - 50th Anniversary John E. Pearce Park - Wallacetown. - Black Belt Convention 4 Points Sheridan London. - Bike America group passed through Dutton on way to Port Burwell for the night - A must stop point for pins from Town Crier. - Music in the Park to celebrate George Stiffle's 65th - George is a benefactor for the community of Dutton-Dunwich. September 13 - 45 years of volunteerism LHST - Pinafore Park. September 24 - Volunteer Appreciation supper Backus Page Museum. September 28 - Greet Carson Tour Bus - Dutton. September 30 - Travel to S1. Catherine's for Wine and Cheese Festival - Meeting with the mayor in VIP area and presented with County Pin. - Greeted economic development farm tour at Backus Page Museum. October 14 - Open Doors Port Stanley over-ruled by my wife. October 14 - John Kenneth Galbraith tribute and announcement of the John Kenneth Galbraith Literary Award to be held annually. October 17 - As COPD Ambassador media connected with my status as Town Crier County of Elgin. We started with AM980, then The Hawk, and then S1. Joseph's where we were taped and interviewed by several news media: A- channel, Rogers, London Free Press, and AP wire service. All took the angle of Dennis Hull and his hockey career and COPD and my town crying and COPD angle. Then it was on to Rogers studio for live Rogers at Noon ending with Rogers at the rink. June 23 June 24 July 1 July 10 July 15 August 12 August 14 August 30 October 3 2 Respectfully Submitted, Dave Phillips, Elgin's Town Crier. AcCLAIM COUNTY OF ELGIN Account Contact: Heather Fraser Client Relations 82 Peter Street, 4th Floor Toronto, Ontario M5V 2G5 Tel: 416-486-9706 (ext. 252) Toll Free: 877-867-6064 Fax: 416-486-9254/866-486-8663 Email: hfraser@acclaimability.com Yanique Smith Quality Assurance Manager 82 Peter Street, 4th Floor Toronto, Ontario M5V 2G5 Tel: 416-486-9706 (ext. 224) Toll Free: 877-867-6064 Fax: 416-486-9254 Email: ysmith@acclaimability.com t: .- iC) - W ...... o >a ..... c :J o (.) 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I \.0 \.0 IIEI CO =~ LL.~ L.l) N 0"\ I \.0 CO ~ I \.0 ,...-I ~ l...L.l) 019 ON iI> II II L.l) U)..c"", tI)+-''::::'" W~ ~.a-JZ C(J)O Q (jj --- A+-'O ~aJ+-' c..C Ne coO I- l1) z 10 tiiI ~ l1) LI.I m 0' REPORTS OF COUNCIL AND STAFF November 14. 2006 Staff Reports - (ATTACHED) 25 Director of Human Resources - Disability Management Best Practice 27 Director of Financial Services - Budget Comparison - September 30, 2006 31 Chief Administrative Officer - Letter From Minister of Health 35 Chief Administrative Officer - Council Orientation 2007 36 Director of Cultural Services - Belmont Library Roof 38 Manager of Economic Development - County of Elgin Economic Development Advisory Committee ;/4 REPORT TO COUNTY COUNCIL FROM: Harley J. Underhill Director of Human Resources DATE: November 2,2006 SUBJECT: Disability Management Best Practice CORPORATE GOAL(S) REFERENCED: To be recognized as a desired employer. To provide innovative and collaborative quality service. To recognize and seize opportunities for improvement. To ensure fiscal responsibility and accountability. INTRODUCTION: Earlier this year Council provided approval to have an audit performed to review our disability management process by Acclaim Ability Management Inc. The request came forward due to process issues, timeliness and escalating costs in dealing with short and long term disability and occupational injuries. DISCUSSION: The audit is now complete and we have been compared to best practices in the industry for disability claims management. The report demonstrates that there are a number of areas and ways to provide improvements to our disability management program. The Human Resources Department will continue to have a very active role in the co- ordination of the program. One of the more pressing observations centres on the need to have a specific skill set when reviewing claims. Ideally, someone with a strong medical background is preferred. CONCLUSION: Disability management is a key component of the success of the County of Elgin. The County's program can be improved based on the audit performed by Acclaim Ability Management Inc. It is recognized that, for us to move forward at this time, a request for proposal is required to obtain the services identified in the report. We can save money, improve our program and provide enhanced service by adopting and applying the recommendations contained in the audit report. RECOMMENDATION: That a request for proposal be completed for a Disability Management Service Provider that will follow a Best Practice model; and, That Mosey and Mosey Benefit Consultants assist with this process; and further, That the results of the RFP be reported to Council on a timely basis. ~ Chief Administrative Officer REPORT TO COUNTY COUNCIL FROM: Linda B. Veger, Director of Financial Services DATE: October 23, 2006 SUBJECT: Budget Comparison - September 30, 2006 Corporate Goal Referenced: To ensure fiscal responsibility and accountability. Introduction: Attached is the budget comparison to September 30, 2006 for the County operating departments. Discussion: The departmental totals are reasonable for the ninth month of the year. Some benefit lines are slightly over budget. These may disappear as employees reach maximums for Canada Pension and Employment Insurance. Administration Building - positive variance - 23,919 - new employee started in July. Rental revenues higher than budgeted. Also, purchased services is over budget - expenditures higher than anticipated at budget time. Engineering Services - positive variance - 67,917 - Timing of maintenance payments and operations below budget for July. Overall the three Homes are in a positive position. The increases in revenues started flowing in April and small positive variances are showing there. Terrace Lodge and Bobier Villa are having some difficulty with wage lines. Contributing factors include construction projects, infection control, and difficulty attracting and retaining registered staff. Library - positive variance - 152,087 - Literacy grant received along with the annual Provincial grant. Some expenditures have been recorded, however more purchases will be made later in the year. Information Technologies - positive variance - 91,532 - Consulting fees and support and maintenance lower than anticipated. Provincial Offences - positive variance - 132,746 - semi-annual payment to municipalities will be made once the 2006 figures have been finalized. Ambulance Services - positive variance - 198,053 - lump sum payment for increased grant received in April. Contractor payments lower than budgeted. Recommendation: THAT the report titled Budget Comparison - September 30, 2006 and dated October 23, 2006 be received and filed. Respectfully Submitted ckL~~ Linda B. Veger Director of Financial Services n Mark G. Mc on Chief Administrative Officer COUNTY OF ELGIN Departmental Budget Comparisons For The 9 Periods Ending September 30, 2006 Total YTD YTD Variance %OF Budget Budget Actual 0 Budget Warden & Council Wages 173,320 129,990 130,007 (17) Benefits 6,692 5,019 5,100 (81) Operations 66,560 49,920 41,931 7,989 Total 246,572 184,929 177,038 7,891 71.80% Administrative Services Wages 251,848 188,886 188,074 812 Benefits 51,866 38,900 42,738 (3,838) Operations 13,914 10,436 12,443 ~2,007~ Total 317,628 238,221 243,255 5,034 76.58% Financial Services Wages 292,905 219,679 215,597 4,082 Benefits 70,004 52,503 53,481 (978) Operations 14,490 10,868 13,383 (2,515) Total 377,399 283,049 282,461 589 74.84% Human Resources Wages 293,000 219,750 215,254 4,496 Benefits 64,500 48,375 54,594 (6,219) Operations 13,900 10,425 10,219 206 Total 371,400 278,550 280,067 (1,517) 75.41% Administration Building Wages 155,100 116,325 99,896 16,429 Benefits 40,300 30,225 23,692 6,533 Operations 64,800 48,600 47,643 957 Total 260,200 195,150 171,231 23,919 65.81% Corporate Expenditures Insurance 253,750 252,344 247,426 4,918 Telephone 24,000 18,000 21,977 (3,977) Legal & Professional 87,000 65,250 64,199 1,051 Retiree Benefits 38,000 28,500 18,865 9,635 Other Expenditures 73,315 54,986 51,789 3,197 Total 476,065 419,080 404,256 14,824 84.92% Engineering Wages 255,000 191,250 190,797 453 Benefits 58,000 43,500 43,940 (440) Operations 79,300 59,475 11,688 47,787 Maintenance 2,564,295 1,933,900 1,913,782 20,118 Total 2,956,595 2,228,125 2,160,208 67,917 73.06% Agriculture Fees Revenue 0 0 (420) 420 Operations 29,423 22,067 13,974 8,094 Total 29,423 22,067 13,554 8,514 46.06% Elgin Manor Revenues (4,440,167) (3,330,125) (3,337,608) 7,483 Wages 3,876,131 2,907,098 2,852,425 54,673 Benefits 1,037,703 778,277 738,948 39,329 Operations 897,979 673,484 651,945 21,540 Total 1,371,646 1,028,735 905,710 123,024 66.03% Terrace Lodge Revenues (4,970,489) (3,727,867) (3,748,791) 20,924 Wages 4,009,168 3,006,876 3,081,055 (74,179) Benefits 1,059,288 794,466 803,072 (8,606) Operations 919,634 689,726 629,098 60,628 Total 1,017,601 763,201 764,433 (1,232) 75.12% Bobier Villa Revenues (2,829,670) (2,122,253) (2,128,161) 5,909 Wages 2,588,097 1,941,073 2,051,820 (110,747) Benefits 617,894 463,420 468,031 (4,611 ) Operations 730,880 548,160 418,288 129,872 Total 1,107,201 830,401 809,978 20,423 73.16% Pioneer Museum Wages 81,275 60,956 47,953 13,003 Benefits 20,725 15,544 8,824 6,719 Operations 19,400 14,550 15,564 (1,013J Total 121,400 91,050 72,341 18,70 59.59% Library Wages 1,065,258 798,944 797,638 1,305 Benefits 261,048 195,786 187,311 8,475 Collections 233,000 174,750 177 ,623 (2,873) Operations 112,019 84,014 (61,166) 145,180 Total 1,671,325 1 ,253,493 1,101,407 152,087 65.90% Archives Wages 139,514 104,636 109,379 (4,743) Benefits 36,273 27,205 22,842 4,363 Operations 48,800 36,600 26,636 9,964 Total 224,587 168,440 158,857 9,583 70.73% land Division Wages 58,015 43,511 39,831 3,681 Benefits 9,035 6,776 7,275 (499) Operations (67,050J (50,287J (53,190~ 2,903 Total (6,085 6,085 0.00% Emergency Measures Wages 5,150 3,863 3,863 0 Benefits 1,340 1,005 1,005 0 Operations 9,000 6,750 4,637 2,113 Total 15,490 11,618 9,505 2,113 61.36% Information Technologies Wages 183,255 137,441 142,520 (5,079) Benefits 38,900 29,175 34,613 (5,438) Operations 324,500 243,375 141,327 102,048 Total 546,655 409,991 318,460 91,532 58.26% Provincial Offences Grant (73,000) (54,750) (58,705) 3,955 Fines Revenues (650,000) (487,500) (486,599) (901 ) Shared Revenues - Municipal 343,842 257,882 189,257 68,625 Wages 142,100 106,575 102,770 3,805 Benefits 31 ,250 23,438 25,675 (2,238) Operations 177,975 133,481 73,981 59,500 Total (27,833) (20,875) (153,620) 132,746 551.94% Ambulance Services Province of Ontario (2,013,030) (1,509,773) (1,934,929) 425,157 City of St. Thomas (1,789,703) (1,342,277) (1,007,594) (334,683) Contractor Payments 6,270,996 4,703,247 4,561,528 141,719 Wages 65,560 49,170 48,214 956 Benefits 17,373 13,030 11,343 1,687 Operations 29,800 22,350 59,132 (36,7821 Total 2,580,996 1,935,747 1,737,694 198,05 67.33% Collections Revenue (305,000) (228,750) (204,259) (24,491 ) Shared Revenues - Municipal 144,291 108,218 104,175 4,043 Wages 45,255 33,941 33,134 807 Benefits 11,947 8,960 8,889 71 Operations 51,600 38,700 15,172 23,529 Total (51,907) (38,930) (42,890) 3,959 82.63% REPORT TO COUNTY COUNCIL FROM: Mark G. McDonald, Chief Administrative Officer. DATE: October 31 , 2006 SUBJECT: Letter From Minister of Health Introduction: The attached letter from Minister Smitherman has been posted in the Homes, however some municipalities and the OANHSS have taken exception to its contents. This report suggests a measured response to the Minister's letter for future reference. Discussion: The letter suggests that the new Long-Term Care Homes Act 2006 will "improve care" and "make life better". Elgin already nurtures and supports dignified long-term care, seizes opportunities for improvement and provides innovative quality service as depicted in our Corporate Goals. We are not convinced that an Act of the legislature will automatically translate into improved service, especially when we already provide quality care and have been providing said services for many years. In addition, many of the changes the Minister claims to implement with the new Act have already been implemented at our Homes. Resident Councils are established, Resident Care Plans are in place, and appropriate care and services are available. It should be mentioned that the cost of many of the new requirements have been paid for through municipal taxation. Conclusion: Staff has dutifully circulated the Minister's letter, as we do with any Ministry directive. However, this particular missive has a pre-election flavour to it rather than a factual basis of new information for the resident. It is hoped that in the future the Minister's office would be more cognizant of the message being imparted. . Recommendation: THAT the Warden, on behalf of Council, register the County's disappointment with the undated letter from the Minister of Health and Long-term Care to Residents and Family Members purporting to improve care through the new Act. ALL of which is respectfully submitted, ~m......) Mark G. - J ald~ Chief Administrative Officer. (f)iS Cf(tX. Office of the Minister Bureau du ministre ~M~ _9_ ~-,.. Ontario Ministry of Health and Long-Term Care Ministere de la Sante et des Soins de longue duree 10th Floor, Hepburn Block 80 Grosvenor Street Toronto ON M7A2C4 Tel 416-327-4300 Fax 416-326-1571 www.health.gov.on.ca 10. etage, edifice Hepburn 80, rue Grosvenor Toronto ON M7A 2C4 Tel 416-327-4300 Telec 416-326-1571 www.health.gov.on.ca Dear Residents and Family Members, It is our goal to see that everyone living in a long-term care home in the province of Ontario lives in security, safety and comfort and that they are cared for with compassion and dignity. That's why I am excited about a new law the government has proposed called the Long- Term Care Homes Act, 2006. If passed, this new law would improve care in your home. For example, it would ensure that we have better trained staff. It would also provide a stable and consistent workforce by limiting the use of agency and temporary staff - so the same familiar faces are with you all the time. It would also give you, as a resident, a bigger say in how things are done in your home to make life better for everyone living there. Under the proposed legislation, the government would be able to make sure that standards are met, and if not, that swift action is taken. Our residents deserve no less. It would also allow for better planning so that long-term care beds are available where needed in the province. I pledge my personal commitment to continue the McGuinty Government's work to improve your quality of life. Sincerely, (q~ 6~ George Smitherman Minister For a copy of the Bill or if you have any questions, call our Info1ine: 1-800-291-1405 1671-01 (03/04) 7530-4658 Here are some of the recent changes we have made to improve care in your home: · Ensuring you get a minimum of two baths per week · A toll free "Action Line" (1-866-434-0144 ) for concerns and . .. InquIrIeS · Hiring 3,140 new staff, including 682 new nurses · Surprise annual inspections of every home · Making it easier for you and your spouse to live in the same home · $42 million dollars to buy new equipment (such as lifts) for homes · $243,225 to help support the set up of more Family Councils in homes · More money ($8.2 million) for physicians to be on-call for long-term care homes · A new public website so you and your family can see how each home is performing (see "Public Reporting" at www.health.gov.on.ca) · New funding to the activation professionals so they can share the best ideas in activities and recreation with all homes across Ontario Here are some of the changes we will implement through the proposed Long-Term Care Homes Act, 2006: · Ensure that every long-term care home is the home of its residents and that it is operated so that the residents live with dignity and in security, safety and comfort · Require that every resident receive appropriate care and services · Require an integrated plan of care for each resident · Ensure that the home operator has a written policy to promote zero tolerance of abuse and neglect of residents and ensure the policy is followed · A registered nurse must be on duty and in the home 24 hours a day, seven days a week · Require that abuse and neglect of a resident be reported to the Ministry of Health and Long-Term Care. The Ministry will act immediately upon receiving such a report · Protect those who report abuse and neglect from reprisals ( whistleblower protection) · Include the right of residents to participate in decisions about their own care · Ensure restraints are only used where it is absolutely necessary and only with appropriate safeguards · Require criminal reference checks of new staff and volunteers · Require homes to establish a Residents' Council · Allow for the establishment of an Office of the Long-Term Care Homes Resident and Family Adviser · Provide a stable and consistent workforce by limiting the use of agency and temporary staff · Increase the requirements for staff orientation and training · Continue the system of unannounced inspections at least annually COUNCIL ORIENTATION 2007 Wednesday, November 29th, 2006 2:00 P.M. Council Chambers, County Administration Building 450 Sunset Drive, St. Thomas 1) Opening Remarks and Introductions -Immediate Past Warden James Mcintyre 2) Introduction of Key Note Speaker - Mark McDonald 3) Key Note Speaker -Mrs. Barbara Humphrey, L.L. B., Stringer, Brisbin and Humphrey, Management Lawyers, code of conduct for Councillors, accommodation requirements and other employment related legislation. 4) Presentation to Guest Speaker - Past Warden Mcintyre 5) Coffee Break 6) Overview of Corporate Goals, Council Operations, the Administrative Structure and the Administrative Services Department-Mark McDonald 7) Overview of Departments: Cultural Services - Cathy Bishop Engineering Services - Clayton Watters Financial Services - Linda Veger Homes and Seniors Services - Pat Vandevenne - Bobier Villa - Melissa Lewis - Elgin Manor - Rhonda Roberts - Terrace Lodge Human Resources - Harley Underhill Information Technology - AI Reitsma 8) Corporate Challenges and Opportunities - Mark McDonald 9) Discussion/Comments from Council 10) Adjournment (5:00 P.M.) 11). Social Hour and Dinner at The Wayside Inn. REPORT TO COUNTY COUNCIL FROM: Cathy Bishop Director of Cultural Services DATE: October 25, 2006 SUBJECT: Belmont Library Roof CORPORATE GOALfSl REFERENCED: To forge community partnerships To recognize and seize opportunities for improvement INTRODUCTION: The staff at the Belmont Library has informed the Director of Cultural Services and the Municipality of Central Elgin that the roof at the Belmont Library was leaking quite heavily with the downpour of rain this fall. DISCUSSION: The roof was investigated by Central Elgin and was immediately patched as a temporary measure to avoid further leakage and damage to the library. Following this time, the Recreation Superintendent from Central Elgin and the Manager of Corporate Facilities from the County met at the Belmont Library to look more closely at the roof and have concluded that a new roof should be installed before year-end to avoid continual leakage before the winter sets in. The Elgin County Library Lease with the Municipality of Central Elgin for the Belmont Library states the following: 1. That Central Elgin is to consult with the County Board as to the nature and need for such repair before making the same 2. The County of Elgin is responsible for 100% of all costs of operating, maintaining and repairing the building The Municipality of Central Elgin has provided the Director of Cultural Services with the following quotes: Asphalt Sinales MD Construction Glen Murray Construction J.P. Roofing $ 4,165.42 including GST $ 5,204.60 including GST $ 4,976.82 including GST Steel Roof Glen Murray Construction Wilton Roofing , $ 7,208.00 including GST $12,455.00 including GST Given the Belmont Library building is owned by Central Elgin, they would prefer to install a steel roof as it would be more cost effective and should last a lifetime. As Council is aware, a new leasing agreement is being proposed for 2007, which would compel the municipality to be responsible for all maintenance and repairs. However, the roof is leaking and does need replacement fairly soon. It would be financially beneficial for the County to wait for the new lease to take effect and have Central Elgin pay, in exchange for $12.00 a square foot. Nevertheless, to foster goodwill, cooperation and true partnerships, staff recommend that the roof be replaced this year. Since the County leases the building, it makes sense to install asphalt shingles or to contribute an equivalent amount equal to the amount of the cost of asphalt shingles. However, the municipality may wish to install the steel roof due to its longevity and the fact that Central Elgin owns the building. In addition, while the price difference between asphalt shingles and steel is not large in this case, agreeing to a steel roof would set an unwanted precedent for similar installations in other libraries where price differences may not be as favourable. CONCLUSION: The Director of Cultural Services is suggesting that as a tenant, the County offer to pay for the replacement of asphalt singles or an equivalent amount. Staff is suggesting that the 2006 Library budget can accommodate an upset limit of $4,165.42 including GST to install an asphalt roof at the Belmont Library. The Municipality of Central Elgin would be solely responsible for hiring and overseeing the installation. The invoice should be forwarded to the Director of Cultural Services for payment. RECOMMENDATION: THAT Elgin County agree to pay for the installation of shingles at the Belmont library at an upset limit of $4,165.42 including GST or the equivalent amount towards the purchase and installation of a steel roof should the Municipality of Central Elgin choose that option and; THAT the cost of the roof be allocated from the 2006 library budget Respectfully Submitted Approved for Submi . on Mark G. c Chief Administrative Officer REPORT TO COUNTY COUNCIL FROM: Alan Smith, Manager, Economic Development DATE: November 14th, 2006 SUBJECT: County of Elgin Economic Development Advisory Committee Corporate Goals: . To promote Elgin as "The Place to Live" . To forge community partnerships . To provide innovative and collaborative quality service I ntrod uction: The September 1ih, 2006, County Council report entitled Economic Development: An Update submitted by the Manager of Economic Development, highlights a number of key initiatives that will be undertaken during the upcoming months. Two of which will form the foundation of the County's economic development program: (1) the creation of a Strategic Economic Development Plan and (2) the development of a Marketing Plan/Strategy. In order to advise on the preparation, implementation, and monitoring of these and other important economic development initiatives that will assist Elgin County with the attraction of new investment, retention and expansion of local investment, job creation and wealth generation, the Manager of Economic Development is recommending to County Council the establishment of a County of Elgin Economic Development Advisory Committee (CEEDAC). Discussion: Developing and implementing effective strategic economic development initiatives requires developing and maintaining strong communication linkages with the County's economic development partners and the general business community. In other words, having an increased awareness of the challenges and opportunities within the Region will assist in obtaining community "buy-in" and support from key economic sectors, during the development and implementation of the County's strategic economic development goals and objectives. Forming a group comprised of influential individuals representing key economic sectors of the Region, that has the mandate to champion the County's economic development program locally, regionally, and globally, will provide the sectoral leadership, representation, expertise, and communication linkages that will assist the County of Elgin in the delivery of an effective economic development program. The attached Schedule #1 describes the formation of such a group - the County of Elgin Economic Development Advisory Committee (CEEDAC). As outlined in the attached Terms of Reference, members of CEEDAC are to provide advice to County Council and staff of the Economic Development Office on strategic issues, programs, and polices pertaining to regional economic development in the County of Elgin. It should be stressed that staff of the Economic Development Office is not bound by any advice or recommendations put forward by CEEDAC. However, staff must submit all recommendations of the Committee to County Council for consideration. Establishing CEEDAC provides the sector linkages that will assist the County in the delivery of an effective and creditable economic development program. Having access to a network of expertise in a particular economic sector provides staff with the industry perspective and insight during the preparation and delivery of economic development strategies. During the initial stages of strategy development, having this input will enhance the "credibility" of goals and objectives that will guide the County's economic program. Strategies and initiatives that are reflective of regional and sector economic challenges and opportunities is more likely to receive the community or sector support required to advance the County's economic development program. Furthermore, this enhanced credibility or endorsement, and sectoral insight will assist County Council in its decision-making capabilities with respect to initiatives prepared by staff of the Economic Development Office. With political endorsement and community or sectoral "buy-in" will provide the Economic Development Office more opportunities for strengthening partnerships and forming new alliances both locally and regionally which are key components to the successful delivery of the County's economic development services. In order for CEEDAC to be effective at the community and political levels, the Committee should have the correct composition of regional economic sectors and individual members. Therefore, staff is recommending that CEEDAC be comprised of the following sectors that playa prominent role in the Region: advanced manufacturing, agriculture, labour, and small business development. One member from each of these sectors and one representative of the general business community will be chosen at the discretion of the Manager of Economic Development. In order to have the political clout and exposure to County Council, and the community, that is required at the political level to advance the delivery of the economic development program, staff is recommending that CEEDAC also consist of the Warden of Elgin County and one County Council representative. The latter is to be appointed by County Council. In addition to those listed above, there are other important sectors that could have representation on the Committee, for example, tourism. However, increasing the size of the Committee to include other sectors may compromise the manageability and ultimately the effectiveness and efficiency of CEEDAC. Furthermore, alternatively or in combination with the above recommended composition, the Committee could be comprised of representation from specific geographical areas of the County - for instance the western, eastern, and central portions. However, including this specific type of geographical representation may encourage members bringing their own "agendas" to the table rather than focussing on the betterment of the County or Region. However, staff does recognize there will be occasions where certain initiatives may require input from representatives of sectors not on CEEDAC or enhancement of a current sector; and, some strategies may impact a particular area of the County. Consequently, the Manager of Economic Development will encourage CEEDAC to form topic and/or geographic related sub-committees when deemed appropriate. At minimum members of CEEDAC are to meet once per quarter. However, in order to successfully undertake the responsibilities as outlined in the attached Terms of Reference, may require members meeting more frequently. This will be particularly evident during the first year of Committee operations as the preparation and development of an economic development plan and marketing strategy will require a great deal of commitment. Conclusion: Establishing a Committee with the mandate as described in the attached Schedule #1 will enable County Council and staff access to a network of expertise that will provide insight, advice, and recommendations on strategic issues, programs, and policies pertaining to regional economic development in the County of Elgin. Formation of the County of Elgin Economic Development 2 Advisory Committee (CEEDAC) will also assist County Council and staff of the Economic Development Office with: · developing strategic partnerships and alliances; · obtaining community support for economic development programs; . identifying emerging economic trends that may impact the County; · promoting the County's economic development program regionally and globally; . creating internationally alliances; and · coordinating of economic development initiatives and programs with other community groups and agencies. In order to take full advantage of the above-mentioned benefits, requires the Committee having the appropriate composition and membership. Economic Development staff is of the opinion that the composition of CEEDAC as recommended in the attached Terms of Reference, will provide the political and sectoral structure that is required to have an effective advisory body for County economic development. However, the sectoral composition of CEEDAC will only be as effective as the appointed members. Therefore, the Economic Development Manager will select only those individuals that are respected and influential within their respected sector/field. Potential members should also be individuals of vision who can evaluate and advise on the regional, national, and international economic context within which the County of Elgin functions. It should be stressed that membership from organizations and/or associations being considered for representing a particular sector( s) are to be appointed from their Executive or Board of Directors. Recommendation: 1. "That the Economic Development Office be directed to establish a County of Elgin Economic Development Advisory Committee based on the attached Terms of Reference, as outlined in the November 14th, 2006, Council report of the Manager of Economic Development; and 2. That the Warden and one (1) County Council representative be appointed to the County of Elgin Economic Development Advisory Committee at the December 14th, 2006, Council meeting; and 3. That the Manager of Economic Development be directed to appoint members to the County of Elgin Economic Development Advisory Committee based on the composition described in the attached Terms of reference and to provide notification to County Council of the selected Committee members." Respectfully Submitted Approved for Sub . . dU----- Name: Alan ~ Position: Economic Development Manager Icer. 3 SCHEDULE #1 TERMS OF REFERENCE County of Elgin Economic Development Advisory Committee (CEEDAC) TERMS OF REFERENCE - CEEDAC 1.0 Mandate To champion and support an economic development program that will strategically position the County of Elgin within the marketplace to attract new investment, retain and expand local investment, create employment and wealth generation. 2.0 Purpose and Scope a) To advise County Council and staff of the Economic Development Office on strategic issues, programs, and policies pertaining to regional economic development in the County of Elgin. b) To provide access to a network of business expertise in the Region. c) To encourage and foster strategic partnerships and alliances between the public and private sectors in order to advance the County's economic development program. d) To provide a forum for discussion and coordination of economic development initiatives and programs with other community groups and agencies. e) To act as ambassadors to promote the quality and advantages of Elgin County as a place to invest, to work, and to live. 3.0 Authority a) The Committee's role is advisory. Advice, comments or recommendations from the Committee shall be forwarded to the Economic Development Office. b) Staff of the Economic Development office is not bound by any advice or recommendations put forward by the Committee. However staff must submit all recommendations of the Committee to County Council for consideration. c) The Committee does not have any budgetary authority. However, in the course of developing the annual Economic Development budget program staff may incorporate advice from the Committee relating to projects or initiatives. 1 TERMS OF REFERENCE - CEEDAC 4.0 Composition The Committee shall consist of seven (7) voting members, one (1) of whom shall be the Warden of Elgin County. The composition of the Committee, listed below, is to be approved by Council. However, the remaining six (6) representatives in the identified sectors, excluding the County Council appointment, will be appointed at the discretion of the Economic Development Manager: . One (1) member of County Council. . One (1) representative from the advanced manufacturing sector. . One (1) representative from the agricultural sector. . One (1) representative from the labour sector. . One (1) representative from the general business community. . One (1) representative from the Elgin Community Futures Development Corporation - representing regional small business development. 5.0 Meetings a) The Committee shall, from amongst its members, annually choose a Chair and Vice-Chair, neither, of which can be a member of County Council. The Chair (Vice Chair) will have the following duties: . guide the discussion and facilitate meetings . encourage participation by Committee members . work with Economic Development staff in preparing meeting agendas and supporting materials . act as a spokesperson for the Committee b) The Committee shall meet as required, and as a minimum on a quarterly basis. An annual general meeting of the Committee including the Chief Administrative Officer, Manager of Economic Development, and representation as deemed appropriate by the Chair, shall be conducted to review the progress and challenges experienced in the development and implementation of the County's economic development program. c) The Committee may approve the establishment of sub-committees to act as a resource to the Committee to address specific issues. Sub-committees may include appointees who are not members of the Committee. d) A quorum shall consist of a majority of the Committee members. e) Members of the Committee shall be required to attend a minimum 50% of the regularly scheduled meetings, failing which, the Committee has the authority to remove the member's right to sit on the Committee. 2 TERMS OF REFERENCE - CEEDAC f) The meeting rules and procedures will be in accordance with the County Council Procedural By-law. g) Minutes shall be kept of each meeting with secretarial services provided by the Administrative Services Department. h) Minutes will be circulated to all members of County Council and the Chief Administrative Officer for information purposes. 6.0 Terms of Office Members, not including elected government officials, will be appointed to varying terms to a maximum of a three-year term. An equal number of appointees will be for a one-year term and two-year term with the balance appointed to a three-year term for the first appointees. Successive appointments will be for a three year term to ensure knowledge succession and that there be no complete turnover of membership in any given year. The Warden shall be a member by virtue of his or her office. The County Council representative shall be appointed on an annual basis. 7.0 Resources The Economic Development Office will provide primary staff support to the Committee. Staff from other County departments will be made available to the Committee as required. 8.0 Administration a) County Council may, at its discretion, change the Terms of Reference for this Committee at any time. b) Any changes proposed to the Terms of Reference by the Committee shall be recommended to County Council through the Manager of Economic Development. c) At the discretion of County Councilor upon the mandate of the Committee being fulfilled, the Committee may be dissolved by resolution of County Council. 3 TERMS OF REFERENCE - CEEDAC 9.0 Responsibilities a) Advise on the preparation, implementation, and monitoring of a strategic economic development plan for the County. b) Be a sounding board for County Council and Economic Development staff to share ideas and provide input on regional economic development policy and initiatives within the County of Elgin. c) Review the budget of the Economic Development Office to ensure it coincides with approved economic development strategies. d) To assess current economic conditions and to identify emerging economic trends that impact the County's overall economic development strategic planning and to recommend appropriate actions. e) To identify opportunities where the private sector can become more involved in economic development initiatives in partnership with the public sector. f) To recommend and support initiatives that create a "quality of place" that will enhance the County of Elgin as a desirable location for business investment and tourism. g) To recommend programs to enhance the image of the County and the development of other amenities and services related to economic development. h) Review and provide advice on the marketing initiatives created by the staff of the Economic Development Office. i) Provide advice to the Economic Development Office to facilitate the creation of international alliances (municipal twinning program) that may provide economic benefits to the County of Elgin. 4 REPORT TO COUNTY COUNCIL FROM: Sonia Beavers, Purchasing Co-Ordinator DATE: November 9, 2006 SUBJECT: General Insurance and Risk Management Services Program CORPORATE GOALS: To ensure fiscal responsibility and accountability. INTRODUCTION: As per Council's recommendation on October 25, 2006, Risk Management Consulting (RiskPro) was hired to review and evaluate the proposals submitted by B. F. Lorenzetti & Associates and Frank Cowan Company Limited for the Provision of the 2007 General Insurance and Risk Management Program. That full assessment will be supplied confidentially under separate cover, at the request of RiskPro. DISCUSSION I CONCLUSION: Risk Management Consulting (RiskPro) was retained to provide consulting assistance in the review, analysis and evaluation of the County of Elgin's Request for Proposal concerning the General Insurance and Risk Management Services Program for its 2007 renewal. The summary provided by RiskPro shows that Frank Cowan Insurance Proposal scored the highest with an overall total of 86 points. The B.F. Lorenzetti & Associates Proposal scored a total of 73 points. Attached is RiskPro's executive summary and the recommendation report. In view of RiskPro's report, staff support RiskPro's opinion that the Proposal submitted by the Frank Cowan Company Limited meets the County's criteria as outlined in the RFP and provides the County with a comprehensive insurance program, along with a sound risk management plan. RECOMMENDATION: THAT, Frank Cowan Insurance Company Ltd. be selected for the Provision of General Insurance and Risk Management Services Program for the 2006-2007 proposed annual premium of $238,907 plus taxes commencing November 15, 2006 until November 14, 2007, with an option to renew for up to and including an additional four year term provided that the premium increase does not exceed 10% of the previous years' insurance program, exclusive of any program changes, and THAT, the acceptance of the Frank Cowan Insurance Company Limited Proposal be contingent upon verification of the six recommendations identified in RiskPro's report. Respectfully Submitted ~~-O- ?r ~~ Sonia Beavers Purchasing Co-Ordinator Approved for Submission ~~,..o~ Linda Veger Director, Financi I Services Mark . I Chief Administrative Officer County of Elgin-2006 Insurance Review Executive Summary RiskPro was retained to provide consulting assistance in the review, analysis and evaluation ofthe County of Elgin's Request for Proposal concerning the General Insurance and Risk Management Services Program for its 2007 renewal. It is our understanding that three submissions were received by the County when the RFP closed September 11 th, 2006. We were subsequently asked to review, analyze, and evaluate the following two submissions, which the County staff had short-listed: 1. Frank Cowan Company Limited (Cowan); and 2. B.F. Lorenzetti & Associates (Ontario) Inc. (BFL). Both of these proponents offer an insurance program through the traditional or conventional insurance market. RiskPro's review and subsequent recommendation is based solely on the information that has been provided by the County, specifically: · the RFP and all the schedules and addenda that each proponent received; · the proposal submissions received by each of the above mentioned proponents; and · other miscellaneous information provided to us from the County. If you refer to the Insurance Proposal Summary Rating in Exhibit I, you will find a chart with a numeric valuation for each proponent's submission in each ofthe Criteria categories: Product, Services, Qualifications and Price. Please also refer to the corresponding notes and rating key. From this summary, it can be seen that the Cowan proposal scored the highest with an overall total of86 points. The BFL submission scored a total of73 points. For more detail on how these proposal submissions were rated, please refer to the section of this report entitled, "Detailed Proposal Analysis". RiskPro 11/06 Page 1 of29 County of Elgin-2006 Insurance Review If you refer to the Insurance Proposal Cost Comparison in Exhibit II, you will find a chart illustrating the annual premium costs of each of the proponent's submissions. For additional cost components, please refer to the corresponding notes. In the section of our report entitled, "Significant Program Differences", we discuss specific or significant differences or aspects of coverage between the two programs that we feel are important to fully understand the financial implications for the County of one program versus another. Finally, we have provided a detailed (though not exhaustive) listing of the major aspects and noted differences of coverage between the two programs. Please refer to the section of this report entitled, "Program Comparison" to review these further. We trust that our report meets with County's satisfaction and provides you with the information to make an informed decision concerning the selection of an insurance program for your 2007 renewal. Our recommendation follows in the next section. RiskPro 11/06 Page 2 of29 County of Elgin-2006 Insurance Review Recommendation After a comprehensive and careful analysis of the information that has been provided to us, it is RiskPro's respectful opinion that the Proposal submitted by the Frank Cowan Company Limited meets the County's criteria as outlined in the RFP and provides the County with a comprehensive insurance program, along with a sound risk management plan. Acceptance of the Cowan submission, should be contingent upon the following: 1. Obtaining proof or evidence of current Professional Liability Insurance (Errors and Omissions). 2. A review of the County's need for Conflict of Interest insurance, which presumably was not part of your existing insurance program. 3. Deciding on a mutually agreeable and acceptable renewal date, as we understand that the County's current program expires on January 1 st, 2007, but that an earlier renewal date is preferable. 4. Consideration should be given to a further analysis ofthe County's deductible levels on the Property and Boiler and Machinery policies with the possibility of increasing these to $25,000, but only if the premium savings are sufficient to warrant a change at this time (refer to page 68 of the Cowan submission). 5. Fully utilizing the services provided by Cowan that are within the base premium and enjoying the maximum benefits that your premium dollars can provide. A list of these services can be found on pages 26 to 27 and 41 to 44 in the Cowan proposal submission. RiskPro 11/06 Page 3 of29 County of Elgin-2006 Insurance Review 6. Meeting with the appropriate staff at the Frank Cowan Company to implement the Risk Management Action Plan, including inspections to ascertain current replacement values of County buildings. The County should consider which locations it considers "key" for the purpose of these inspections and valuations. Finally, please note that the Cowan proposal was extended to remain open for acceptance until November 15th, 2006 with the pricing remaining unchanged. We trust that the information contained in our report provides staff and Council with enough information to make an informed decision concerning the placement of the County's Insurance and Risk Management program for its 2007 renewal. We would be pleased to assist you, should you require anything further in this regard. RiskPro 11/06 Page 40f29 A LLOYD'S COMPREHENSIVE GENERAL LIABILITY INSURANCE Effected with certain Lloyd's Underwriters(herein called the"lnsurer" through Jardine Lloyd Thompson Canada 55 University Ave, Suite 800 Toronto Ontario M5J 2H7 DECLARATIONS Insured Name: Additional Named Insured and address Additional Insured Insured Notification of Address: Period of Insurance: Written Proposal/Declaration Date: Premium: Policy No,<<Special_Events_Policy_Number>> Replacing Policy No,<<Replacing_Policy_No>> <<Name_oClnsured>> <<AdditionaLNamed _I nsured_ and_address>> <<Additionallnsured>> <<Additional I nsuredAdd>> <<I nsured_Notification_ oCAddress>> <<City>>, <<Province>> << PostaICode>) Inception <<EffectiveDate>> Expiry <<ExpiryDate>> (12:01 am to 11 :59pm local time at the site of the approved event) <<Written_PresentationIDeclaration_ Date>> <<Premium>> Page 1 of4 Policy No. <<SpeciaLEvents_Policy_Number>> Replacing Policy No.<<Replacing_Policy_No>> Limit of Liability: <<Limit_oCLiability_>> CAD $5,000,000 Anyone occurrence -Insuring Agreement III CAD $5,000,000 Aggregate during the Period of Insurance separately -Insuring Agreement III CAD $5,000,000 Anyone accident (exclusive of interest and costs) - Non-owned Automobile Coverage; 06-1 CAD $50,000 Anyone accident (exclusive of interests and cost) - Legal Liability for Damage to Hired Automobiles; 06-2 Anyone claim - Medical Payments Insurance; 06-3 CAD $100,000 CAD $100,000 Anyone loss, casualty or disaster - Coatroom Liability; 06-4 Deductible: <<Deductible_>> The Insurer shall not be liable for the first: CAD $<<Deductible_>> Each and every occurrence including cost and expenses except as shown below; CAD $500 Each and every occurrence including cost and expenses with respect to legal liability for damage to hired automobiles; CAD $250 Each and every occurrence including costs and expenses with respect to tenant legal liability; CAD $250 Each and every occurrence including costs and expenses with respect to coatroom legal liability Or as may be specifically agreed by Insurer hereon. Page 2 of 4 Policy No. <<Special_Events_Policy _Number>> Replacing Policy No.<<Replacing_PolicLNo>> If the Insured shall make any claim knowing the same to be false or fraudulent, as regards amount or otherwise, this Policy shall become void and all claims hereunder shall be forfeited. Wording attached including applicable endorsements: 2006 Municipal Special Event Liability Wording plus Endorsements 06-1 through to 06-11 as follows: Special Event Endorsements 06-1 Non-Owned Automobile Coverage 06-2 SEF 94 Legal Liability for Damage to Hired Automobiles 06-3 Medical Payments Insurance 06-4 Coatroom Liability Coverage 06-5 SEF 99 Excluding Long Term Leased Vehicles 06-6 Province of Ontario Endorsement 06-7 Certificate Holders Clause 06-8 Contracted Personnel 06-9 Helicopter Landing Liability 06-10 Helicopter Refueling Liability 06-11 Total Injury or Death Exclusion for all Participants Special Event Endorsements Excluded 06-9 Helicopter Landing Liability 06-10 Helicopter Refueling Liability Information: Business Description: <dnformation_Business_Descriptioo>> Gross Receipts: <<Gross_Receipts>> CAD Excluded Page 3 of4 Policy No.<<FILE_CODE>> Replacing Policy No.<<Replacing_Policy_No>> Identification of Insurer/Action against Insurer: This insurance has been effected in accordance with the authorization granted to the undersigned by certain Lloyd's Underwriters, whose names and proportions underwritten by them can be ascertained by reference to Contract no WIB/E/06/140 which bears the seal of the L10yds Policy Signing Office and has been certified by the Attorney in fact in Canada for L10yds Underwriters and may be seen at the office of the undersigned. The Underwriters identified in the said contract shall be liable hereunder each for his own part and not one for another in proportion to the several sums by each of them subscribed to the said contract. In any action to enforce the obligations of the Underwriters liable hereunder they can be designated or named as "Lloyd's Underwriters" and such designation shall be binding on the Underwriters liable hereunder as if they had each been individually named as defendant. Service of such proceedings may validly be made upon the Attorney In Fact in Canada for Lloyd's Underwriters, whose address for such service is 1155 rue Metcalfe, Suite 1540, Montreal, Quebec H3B 2V6. Notice Any notice to the Insurer may be validly given to the undersigned. In witness whereof this policy has been signed as authorized by the Insurer, by Jardine Lloyd Thompson Canada Per: ............................................................ Per:............................................................... .... Authorized Representative Countersignature Dated:................................. ........................ Dated:................................................................... The Insured is requested to read this policy, and if incorrect, return it immediately for alteration. In the event of an occurrence likely to result in a claim under this Insurance, immediate notice should be given to the office designated above. THIS POLICY CONTAINS A CLAUSE WHICH MAY LIMIT THE AMOUNT PAYABLE. Page 4 of 4 Municipal Special Event Liability Wording 2006 plus 2006 Endorsements 1 THROUGH 11 INSURING AGREEMENTS I.COVERAGE Whereas the Insured has made to the Insurer a written proposal and declaration baring the date stated in the declarations and which is agreed to be the basis of the contract and attached hereto, the Insurer hereby agree to pay of behalf of the Insured all sums which the Insured shall become obligated to pay as compensation (including claimants' costs, fees and expenses) because of the liability imposed upon the Insured by law, or assumed by the Insured under contract or agreement in accordance with the law of any country, because of: A. PERSONAL INJURY LIABILITY; B. PROPERTY DAMAGE LIABILITY; C. FIRE FIGHTING EXPENSE LIABILITY; D. THIRD PARTY FIRST AID LIABILITY; E. TENANTS LEGAL LIABILITY; F. EMPLOYERS LIABILITY G. EMPLOYEE BENEFITS ERRORS AND OMISSIONS LIABILITY; H. ADVERTISING LIABILITY; And as defined elsewhere in this policy caused by an occurrence as defined herein and arising out of, incidental to, or in connection with the Insured's operations, anywhere in Canada during the period of Insurance. It being understood and agreed that in respect of United States of America Jurisdiction the additional conditions/exclusions contained in the United States of America Jurisdiction clause shall apply. II. DEFENSE, SETTLEMENT, SUPPLEMENTARY PAYMENTS As respects insurance afforded by this policy, the Insurer shall: a) Defend in the name and on behalf of the Insured and at the cost of the Insurer any civil action which may at any time be brought against the Insured even if any of the allegations of the suit are Municipal Special Event Liability Wording 2006.doc Page 1 of 19 groundless, false or fraudulent but the Insurer shall have the right to make such investigation, negotiation and settlement of any claim as may be deemed expedient by the Insurer. II. DEFENSE, SETTLEMENT, SUPPLEMENTARY PAYMENTS(Cont'd) b) Pay all premiums on bonds to release attachments for an amount not in excess of the applicable limit of liability of this policy and all premiums on appeal bonds required in any such defended suit, but without any obligation to apply for or furnish such bonds. c) Pay all costs taxed against the Insured in any civil action defended by the Insurer including any interest accruing before or after entry of judgment upon that part of the judgment which is within the limits of the Insurer's liability d) Pay expenses incurred by the Insured for such immediate medical and surgical relief to others as shall be imperative at the time of the occurrence. e) Pay reasonable expenses incurred by the Insured at the Insurer's request in assisting the Insurer in the investigation or defense of any claim or suit. The Insurer agree to pay the amounts incurred as described above, except settlement of claims or suits, in addition to the limit of liability specified in the Declarations and such defense and supplementary payments shall not be included in the limit of liability, as set forth below. II. LIMIT OF LIABILITY The Insurer's liability hereunder shall not exceed the Limit of Liability stated in the Declarations anyone occurrence. It is agreed that the limit of liability stated above applies collectively to the following: A. PERSONAL INJURY LIABILITY; B. PROPERTY DAMAGE LIABILITY; C. FIRE FIGHTING EXPENSE LIABILITY; D. THIRD PARTY FIRST AID LIABILITY; E. TENANTS LEGAL LIABILITY; F. EMPLOYERS LIABILITY G. EMPLOYEE BENEFITS ERRORS AND OMISSIONS LIABILITY; H. ADVERTISING LIABILITY; And said limits shall not apply separately to each coverage. Municipal Special Event Liability Wording 2006.doc Page 2 of 19 II. LIMIT OF LIABILITY (Cont'd) It is further understood and agreed that Insurer's limit of liability shall not exceed the limit of liability stated in the declarations in the aggregate during the period of insurance separately in respect of Products Liability/Completed Operations Liability combined and in respect of Employee Benefits Errors and Omissions Liability. III. DEDUCTIBLE The Insurer shall not be liable for the first amount stated in the declarations for each and every occurrence, or as may be specifically agreed by Insurer. It is agreed that; a) The Insurer's obligation under this policy to pay compensation and/or claimants' costs, fees and expenses on behalf of the Insured applies only to the amount of compensation and/or claimants' costs, fees and expenses in excess of the deductible amount stated above; b) The deductible amount applies to all compensation and/or claimants' costs, fees and expenses and all other expenses except the Insurer's internal expenses, as the result of anyone occurrence; c) The terms of this policy apply irrespective of the application of the deductible amount; d) The terms of this policy apply irrespective of the application of the deductible amount; e) The Insurer may pay any part or all of the deductible amount to effect settlement of any claim or suit and, upon notification of the action taken, the Insured shall promptly reimburse the Insurer for such part of the deductible amount as has been paid by the Insurer. v. DEFINITIONS 1. INSURED It is understood and agreed that the unqualified word "Insured" wherever this Policy includes not only the Insured as identified in the declarations but also: Municipal Special Event Liability Wording 2006.doc Page 3 of 19 a) Any Partner, Executive Officer, Director, Stockholder or Employee while acting on behalf of the Insured any Employee authorized to act in the administration of the Insured's Benefits Programs; DEFINITIONS(Cont'd) b) Any Person, Partnership, Firm, Corporation, Group or Government entity in whose name the Insured has by agreement contracted to effect insurance provided that coverage of such additional Insured's is restricted to apply solely to liability arising out of the Insured's obligations under such agreement; c) Any of the Insured's social and recreation clubs for the employees of the Insured including any elected officer or member of such clubs while acting on behalf of the Insured or while acting on behalf of such social and recreation clubs; d) Participants of any Partnership or Joint Venture Agreement, but only where liability is assume by the Insured under contract or agreement, e) Any volunteer or ski patroller in respect of any activities sponsored or arranged by and at the direction of or with the approval of the Insured; f) Any organization newly acquired or formed, other than a partnership or joint venture, and over which ownership or majority interest is maintained. 2. PERSONAL INJURY The term "personal injury" means: a) Bodily injury, sickness, disease, disability, shock, fright, mental anguish and mental injury sustained by any person including death at any time resulting there from; b) False arrest, detention or imprisonment or malicious prosecutions c) Wrongful entry into, or eviction of a person from, a room, dwelling or premises that the person occupies; d) The publication or utterance of a libel or slander or of defamatory or disparaging material, or a publication or utterance in violation of any individual's right of privacy, except publications or utterances in the course of or related to advertising, broadcasting or telecasting activities conducted by or on behalf of the Insured; e) Wrongful entry or eviction, or other invasion of the right of private occupancy, trespass; f) Sexual harassment, sexual assault, discrimination or humiliation including any other legal action alleging the foregoing by any other name Municipal Special Event Liability Wording 2006.doc Page 4 of 19 DEFINITIONS(Cont'd) 3. PROPERTY DAMAGE The term "property damage" means physical injury to or destruction of tangible property which occurs during the period of insurance, including the loss of use thereof at any time resulting there from, or the loss of use of property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the period of insurance. 4. FIRE FIGHTING EXPENSE LIABILITY The term "Fire Fighting Expenses Liability" means all sums which the Insured shall become obligated to pay by reason of liability imposed upon the Insured by law or statute pursuant to the relevant provisions of the Fire and Prairie Protection Act of the Provinces of Canada but only in respect of the costs to others of controlling and/or extinguishing forest or prairie fires. 5. THIRD PARTY FIRST AID LIABILITY The term "Third Party First Aid Liability" means personal injury or property damage occurring during the period of insurance and arising out of: a) The rendering of or failure to render emergency medical, or nursing service or treatment, or the furnishing of food or beverages in connection therewith; b) The furnishing or dispersing of drugs or medical supplies or appliances, at the premises and/or in connection with the operations of the Insured, but only in emergency situations. 6. TENANTS LEGAL LIABILITY The term "Tenants' Legal Liability" means all sums which the Insured shall become legally obligated to pay as compensation because of property damage caused by accident during the period of insurance to premises and structures (or portions thereof) rented, occupied, leased, hired or borrowed by the Insured, including fixtures permanently attached thereto. Municipal Special Event Liability Wording 2006.doc Page 5 of 19 DEFINITIONS(Cont'd) 7. EMPLOYERS LIABILITY The term "Employers' liability" means all sums which the Insured shall become legally obligated to pay as compensation because of bodily injury, sickness, disability, shock, fright, mental anguish and mental injury, occurring during the period of insurance by any person and arising out of and in the course of his/her employment by the Insured including death at any time resulting there from but always excluding liability arising from occupational disease. 8. EMPLOYEE BENEFITS ERRORS AND OMISSIONS LIABILITY The term "Employee Benefits Errors and Omissions Liability" means all sums which the Insured shall become legally obligated to pay on account of any claim made against the Insured by any employee, former employee or beneficiary or legal representative thereof and caused by any negligent act, error or omission of the Insured, or any other person for herein, but only where such claim is made against the Insured during the period of insurance. The term "Employee Benefits Programs" shall mean Group Life Insurance, Group Accident or Health Insurance, Profit Sharing Plans, Pension Plans, Stock Option Plans, Employee Stock Subscription Plans, Workers' Compensation, Unemployment Insurance, Social Secur9ity and Disability Benefit and other similar programs. The unqualified word "administration" wherever used shall mean: a) Giving counsel to employees with respect to the "employee benefits programs"; b) Interpreting the "Employee Benefit Programs"; c) Handling of records in connection with the "Employee Benefits Programs"; d) Affecting enrollment, termination or cancellation of any employee under the "Employee Benefits Programs", provided all such acts are authorized by the Insured. 9. ADVERTISING LIABILITY The term "Advertising Liability" means only such liability as arises out of: a) Libel, slander or defamation of character; b) Infringement of copyright, title or slogan; Municipal Special Event Liability Wording 2006.doc Page 6 of 19 V. DEFINITIONS (Cont'd) c) Piracy, unfair competition or misappropriation; d) Invasion of rights of privacy; During the course of advertising, broadcasting or telecasting activities of the Insured. 10. PRODUCTS LIABILITY The term "Products Liability" means liability arising out of the "Insured's Products" but only if personal injury or property damage occurs after physical possession of such products has been relinquished to others. 11. INSUREDS PRODUCTS The term" Insured's Products" means goods or products manufactured, sold, handled, distributed, serviced or repaired by the Insured or by others trading under its name, including any container thereof (other than a vehicle), but shall not include a vending machine or any property, other than such container, rented to or located for use of others but not sold. 12. COMPLETED OPERATIONS LIABILITY The term "Completed Operations Liability" means liability arising out of the operations, but only if personal injury or property damage occurs after such operations have been completed or abandoned and occurs away from premises Owned by or rented to the Insured. Operations include materials, parts or equipment furnished in connection therewith. Operations shall be deemed completed at the earliest of the following times: a) When all operations to be performed by or on behalf of the Insured have been completed; b) When all operations to be performed by or on behalf of the Insured at the site of the operations have been completed; c) When the portion of the work out of which the person injury or property damage arises has been put to its intended use by any persons or organizations other than another cdontractor or sub-contractor engaged in the performing operations for the Insured as a part of the same project. Municipal Special Event Liability Wording 2006.doc Page 7 of 19 VI. DEFINITIONS (Cont'd) Operations which may require further service or maintenance work or correction, repair or replacement because of any defect or deficiency but which are otherwise complete shall be deemed completed. "Completed Operations" shall not include: 1) Operations in connection with pick up and delivery of property; 2) The existence of tools, uninstalled equipment or abandoned or unused materials. 13. OCCURRENCE The term "Occurrence" as used herein means an accident or happening or an event or a continuous or repeated exposure to conditions, which results in personal injury or property damage, neither expected nor intended from the standpoint of the Insured. 14. AUTOMOBILES The term "automobiles' wherever used in this policy means the use or operation by or on behalf of the Insured of any motor vehicle, trailer or semi-trailer which is required by law to carry a license, other than a special license issued in respect of: a) A motor vehicle, trailer or semi-trailer chiefly used or operated off highways; b) A tractor, grader, loader, shovel, roller, mixer or other construction equipment for its use or operation for the sole and exclusive purpose of carrying out any works upon a highway or performing any work in or upon a mine or industrial or commercial undertaking or site including the proceeding to and from such works. 15. NUCLEAR ENERGY - As used in this policy: a) The term "nuclear energy hazard" means the radioactive, toxic, explosive or other hazardous properties of radioactive material; b) The term "radioactive material" means uranium, thorium, plutonium, neptunium, their respective derivatives and compounds, radioactive isotopes of other elements and any other substances that the Atomic Energy Control Municipal Special Event Liability Wording 2006.doc Page 8 of 19 V. DEFINITIONS(Cont'd) c) Board may, by regulation, designate as being prescribed substances capable of releasing atomic energy, or as being requisite for the production, use or application of atomic energy. The term "nuclear facility" means: i) Any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of plutonium, thorium and uranium or anyone or more of them; ii) Any equipment or device designed or used for (1) separating the isotopes of plutonium, thorium and uranium or anyone or more of them, (2) processing or utilizing spent fuel, or (3) handling, processing or; packaging waste; iii) Any equipment or device used for the processing, fabricating or alloying of plutonium, thorium and uranium enriched in the isotope uranium 233 or in the isotope uranium 235, or anyone or more of them if at any time the total amount of such material in the custody of the Insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; iv) Any structure, basin, excavation, premises or place prepared or used for the storage of disposal of waste radioactive material; v) And includes the site on which any of the foregoing is located, together with all operations conducted thereon and all premises used for such operations d) The term "fissionable substance" means any prescribed substance that is, or from which can be obtained, a substance capable of releasing atomic energy by nuclear fission. Municipal Special Event Liability Wording 2006.doc Page 9 of 19 VI. EXCLUSIONS This policy does not insure: 1. In respect of all insuring agreements, any fines or penalties for which the Insured is liable by reason of failure to comply with any statute, rule or regulation. 2. Loss of use of tangible property which has not been physically injured or destroyed resulting from; a) A delay in or lack of performance by or on behalf of the Insured of any contract or agreement; b) The failure of the Insured's products or work performed by or on behalf of the Insured to meet the level of performance, quality, fitness or durability warranted or represented by the Insured. However, this exclusion does not apply to loss of use of other tangible property resulting from the sudden and accidental physical injury to or destruction of the Insured's products or work performed by or on behalf of the Insured after such products or work have been put to use by any person or organization other than the Insured 3. With respect to Coverage A "Personal Injury Liability", liability arising out of: a) The willful violation of a penal statute or ordinance committed by or with knowledge or consent of the Insured; b) A publication or utterance of libel or slander, or a publication or utterance in violation of an individual's right of privacy, if the first injurious publication or utterance of the same or similar material by or on behalf of the Insured was made prior to the effective date of this insurance; c) Libel or slander or the publication or utterance of defamatory or disparaging material concerning any person or organization or goods, products or services, or in violation of any individual's right to privacy, made by or at the direction of the Insured with the knowledge of the falsity thereof. 4. Personal injury or property damage caused intentionally by or at the direction of any officer of the Insured unless committed for the purpose of preventing personal injury or property damage. 5. Liability imposed upon or assumed by the Insured under any Worker's Compensation Statute, but this exclusion shall not apply to claims arising out of the legal liability imposed upon the Insured at common law as amended by such Statute for injuries to employees of the Insured, but this exclusion shall not apply to claims arising out of any liability to others assumed by the Insured under any contract. Municipal Special Event Liability Wording 2006.doc Page 10 of 19 EXCLUSIONS(Cont'd) 6. Personal injury or property damage arising out of the rendering of or the failure to render any professional seNices by or for the Insured, including: a) The preparation or approval of maps, plans, opinions, reports, sUNeys, designs or specifications; b) SupeNisory, inspection or engineering seNices 7. Personal injury or property arising out of: a) The ownership, use or operation, except loading and unloading, by or on behalf of the Insured of any automobile, other than liability arising from the ownership, use or operation of machinery or apparatus, including its equipment mounted on or attached to any automobile at the site of the use or operation of such machinery or apparatus, provided that the use or operations of such machinery or apparatus is not Insured at the time under a motor vehicle liability policy or any other policy of insurance. b) Any watercraft, it being understood that this exclusion does not apply to: i. Logs, log rafts, cribs or barges; ii. Watercraft whilst ashore on premises owned by, rented to, or controlled by the Insured; iii. Owned and non-owned watercraft under 50 ft., in length and then only whilst on inland waterways. c) The ownership, possession, maintenance, use or operation, by or on behalf of the Insured of: i. Any aircraft, which term shall include any helicopter and the like but this exclusion shall not apply to non-owned helicopters and/or float planes used for emergency medical evacuation, avalanche control search and rescue operations and lift construction and maintenance, transportation of guests, employees, volunteers, supplies materials or equipment provided always that the pilot and/or aircrew have not been supplied by the Insured; ii. Any air cushion vehicle; Provided that this exclusion shall not apply to bodily injury to or sickness or disease, including death of any employee while acting on behalf of the Insured other than as a member of an aircrew. 8. With respect to Coverage F "Employers' Liability" only, liability of the Insured to pay compensation, to contribute to an accident fund or to pay medical, hospital and like expense, all as imposed upon him by any Workers' Compensation Statute. 9. With respect to Coverage E " Tenants Legal Liability", liability caused by gradual deterioration, ordinary wear and tear and mechanical or electrical breakdown or derangement. Municipal Special Event Liability Wording 2006.doc Page 11 of 19 EXCLUSIONS(Cont'd) 10. Liability arising out of damage to property owned, leased, or hired by or under hire purchase or on loan to the Insured or otherwise in the Insured's care, custody or control, other than; a. Premises (or the contents thereof) temporarily occupied by the Insured for work therein, or other property temporarily in the Insured's possession for work thereon but no indemnity is granted for damage to that part of the property on which the Insured is working and which arises out of such work; b. Employees' and visitors' clothing and personal effects; c. Premises tenanted by the Insured as per coverage E "Tenants Legal Liability" Coverage. This exclusion does not apply to: i. Automobiles (other than automobiles owned or used by or on behalf of the Insured) in the care, custody or control of the Insured for the purposes of valet parking or in a parking lot owned or operated by the Insured. ii. Non-owned aircraft which term shall include any helicopter, float plane or the like, parked or moored at or on the Insured's premises. 11. In respect of Coverage G "Employee Benefits Errors and Omissions Liability", liability arising out of: a. Any dishonest, fraudulent or criminal act or libel, slander, discrimination or humiliation; b. Bodily injury to, or sickness, disease or death, of any person, or injury to or destruction of any tangible property, including the loss of use thereof; c. Any claim for failure of performance of contract by any Insurer; d. Any claim based upon the insured deliberate failure to comply with any Workers' Compensation, Unemployment Compensation, Government Pension Plans, Social Security or Disability Benefits law or any similar law; e. Any claim based upon: i. Failure of securities to perform as represented by an Insured; ii. Advice given by an Insured in connection with participation or non-participation in stock subscription plans. 12. With respect to Nuclear Energy Liability; a. Loss or destruction of or damage to any property whatsoever or any loss or expense whatsoever resulting or arising there from or any consequential loss b. Any legal liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from i. Ionizing radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel ii. The radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof. Municipal Special Event Liability Wording 2006.doc Page 12 of 19 EXCLUSIONS(Cont'd) 13. Liability for costs incurred by the Insured in the withdrawal, inspection, repair, replacement or loss of use of the Insured's products or work completed by or for the Insured or of any property of which such products or work form a part if such products, work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency therein. 14. Liability arising out of any product which with the Insured's knowledge is intended for incorporation into the structure, machinery or controls of any aircraft, except where specifically stated to be included in the Business. 15. Liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from a. War, invasion, act of foreign hostilities (whether war be declared or not), civil war, rebellion, insurrection, mutiny or military or usurped power, riot or civil commotion; b. Any act of any person acting on behalf of any organization with activities directed towards the overthrow by force of an de jure or de facto Government or the influencing of it by terrorism or violence. In any claim suit or other proceedings where the Company alleges that by reason of this Exclusion any liability is not covered by this Policy the burden of proving such liability is covered shall be upon the Insured. 16. With respect to Coverage 0 "Third Party First Aid Liability", liability arising out of bodily injury to any person to or for whom benefits or damages on account thereof are payable Ie under any valid and collectible voluntary compensation or employers' liability insurance available to the Insured, but only to the extent of such insurance. 17. In respect of seepage, pollution and contamination, any liability for; a. Personal injury or bodily injury or loss of, damage to or loss of use of property directly or indirectly caused by seepage, pollution or contamination, provided always that this paragraph (a) shall not apply to liability for Personal Injury or Bodily Injury or loss of or physical damage to or destruction of tangible property or loss of use of such property damage or destroyed, where such seepage, pollution or contamination is caused by a sudden, unintended and unexpected happening during the period of insurance. b. The cost of removing, nullifying or cleaning-up seeping, polluting or contaminating substances, unless the seepage, pollution or contamination is caused by sudden, unintended and unexpected happening during the period of insurance. c. Fines, penalties, punitive or exemplary damages. This exclusion shall not extend this insurance to cover any liability which would not have been covered under this insurance had this exclusion not been incorporated herein. Notwithstanding anything contained in this Exclusion to the contrary, it is understood and agreed that where a specific Pollution exposure is identified in the Insured's application for coverage under this Policy (Pollution meaning pollution or contamination of the atmosphere or of any water, land or other tangible property) then Insurer hereon will only indemnify the Insured for claims first made against the Insured during the period of insurance and then only to the extend that it can be proved that the pollution; VI. Municipal Special Event Liability Wording 2006.doc Page 13 of 19 EXCLUSIONS(Cont'd) a. Was the direct result of a sudden, specific and identifiable event occurring during the Period of Insurance; b. Was not the direct result of the Insured failing to take reasonable precautions to prevent such pollution? Previously tenanted by the Insured, land or water within or below the boundaries of any land or premises which are presently or were at any time previously owned or leased by the Insured or otherwise in the Insured's care, custody or control other than land under license of occupation granted by Government authority. 18. Any loss, damage, cost, claim or expense, whether preventative, remedial or otherwise, directly or indirectly arising out of or relating to: a. The calculation, comparison, differentiation, sequencing or processing of data involving the date change to the year 2000, or any other date change, including leap year calculations, by any computer system, hardware, program of software and/or any microchip, integrated circuit or similar device in computer equipment, whether the property of the Insured or not; b. Any change, alteration, or modification involving the date change to the year 2000, or any other date change, including leap year calculations, to any such computer system, hardware, program, or software and/or any microchip, integrated circuit or similar device in computer equipment or non- computer equipment, whether the property of the Insured or not. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to the loss, damage, cost, claim or expense. 19. 20. Liability of participants in an organized race or event for death and/or injury to other participants of the race and/or event. 21. Loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with the actual or threatened malicious use of pathogenic or poisonous biological or chemical materials regardless of any other cause or event contributing concurrently or in any other sequence thereto. 22. Legal liability for any loss, cost or expense directly or indirectly arising out of, resulting as a consequence of, or related to manufacture, mining, processing, distribution, testing, remediation, removal, storage, disposal, sale use of or exposure to Asbestos or materials or products containing Asbestos whether or not there is another cause of loss which may have contributed concurrently or in any sequence to a loss. Municipal Special Event Liability Wording 2006.doc Page 14 of 19 VII. POLICY CONDITIONS 1. ADJUSTMENTS OF PREMIUM If any part of the Premium is based on estimates provided by the Assured the Assured shall keep an accurate record containing all relevant particulars and shall at any time allow the Underwriters to inspect such record. The Assured shall within six months after the expiry of each Period of Insurance furnish such information as the Underwriters may require. The premium shall then be adjusted and the difference paid by or allowed to the Assured subject to any Minimum Premium required. The Underwriters reserve the right to request the Assured to supply an auditors certificate attesting to the accuracy of any information furnished to the Underwriters. 2. INSPECTION AND AUDIT The Insured shall be permitted but not obligated to inspect the Insured's property and operations at any time. Neither the Insurer's rights to make inspections nor the making thereof nor any report thereon shall constitute an undertaking on behalf of or for the benefit of the Insured or others to determine or warrant that such property or operations are safe or healthful or are in compliance with any law, rule or regulations. The Insurer may examine and audit the Insured's books and records at any time during the period of insurance extensions thereof and within one year after the final termination of this policy, as far as they relate to the subject matter of this insurance. 3. INSUREDS DUTIES IN THE EVENT OF OCCURRENCE, CLAIM OR SUIT Upon any occurrence likely to involve the Insurer under this insurance coming to the attention of the Insured, the Insured shall give the Insurer or its duly authorized agent Jardine Lloyd Thompson Canada, 55 University Ave., Suite 800, Toronto Ontario Canada M5J 2H7 , as soon as practicable, notice with all particulars of any occurrence that may give rise to a claim hereunder and of any claim made on account thereof and shall forward to the Insurer or to its duly authorized agent Jardine Lloyd Thompson Canada, 55 University Ave., Toronto, Ontario, Canada M5J 2H7 , as soon as practicable, every written letter, document or advice received form or on behalf of the claimant. If this policy is governed by the law of Quebec every action or proceeding against the Insurer shall be commenced within three years form the time the right of action arises. 4. ACTION AGAINST THE INSURER No action shall lie against the Insurer unless, as a condition precedent thereto, there shall have been full compliance with all of the terms of this policy, nor until the amount of the Insured's obligation to pay shall have been finally determined either by judgment against the Insured after actual trial or by written agreement of the Insured, the claimant and the Insurer. Any person or organization or the legal representative thereof who has secured such judgments or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. No person or organization shall have any right under this policy to join the Insurer as a party to any action Municipal Special Event Liability Wording 2006.doc Page 15 of 19 POLICY CONDITIONS(Cont'd) Against the Insured to determine the Insured's liability, nor shall the Insurer be impleded by the Insured or his legal representative. Bankruptcy or insolvency of the Insured or of the Insured's estate shall not relieve the Insurer of any of its obligations hereunder. Every action or proceeding against the Insurer shall be commenced within one year next after the date of such judgment or written agreement and not afterwards. 5. CROSS LIABILITY The insurance afforded by this policy shall apply to each Insured in the same manner as though separate policies were issued to each. Where there is more than one Insured, nothing herein shall operate to increase the Insurer's liability as set forth elsewhere in this policy beyond the amount or amounts for which the Insurer would be liable if there had been only one Insured. 6. OTHER INSURANCE The Insurer shall not be liable if at the time of an accident or occurrence covered by this policy there is any other insurance which would have attached if this insurance had not been effected, and this insurance shall specifically exclude losses covered by such other valid insurance. This insurance shall apply only as excess insurance and in no event as contributing insurance and then only after all such other insurance has been exhausted. The Insurer acknowledges the existence of any policies arranged to apply in excess of the insurance provided by the policy and it is agreed that notwithstanding anything contained in this condition the insurance provided by such excess policies shall be considered as excess and non- contributing insurance insofar as the insurance provided under this Policy is concerned and shall be held to attach and cover only y after the insurance under this Policy has been exhausted. 7. SUBROGATION To the extend of any payment under this policy, the Insurer shall be subrogated to all the Insured's rights of recovery therefore, and the Insured shall execute all papers required and shall do everything requested to secure such rights, but the Insurer shall have no right of subrogation against; a) Any party Insured hereunder; b) Any person, organization, trustee or estate when by virtue of a contract and/or agreement the Insured has agreed to waive its rights of recourse prior to the happening of a loss. 8. CHANGESIWAIVER Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this policy or stop the Insurer from asserting any right under the terms of this policy; nor shall the terms of this policy be waived or changed, except by endorsement issued or agreed to be issued to form a part of this policy. Municipal Special Event Liability Wording 2006.doc Page 16 of 19 POLICY CONDITIONS(Cont'd) 9. ASSIGNMENT Assignment of interest under this policy shall not bind the Insurer until their consent is endorsed hereon, or agreed to be endorsed hereon, except through change of this by succession, death or proceedings under any bankruptcy act. 10. CANCELLATION a) This policy may be cancelled by the Insurer for non-payment of premium by giving to the Insured fifteen (15) days notice of cancellation by registered mail, or five (5) days (in Quebec, fifteen (15) days) written notice of cancellation personally delivered. Notice to the first Named Insured shall constitute notice to all Insured's except as otherwise required by the contract. b) Except with respect to non-payment of premium, this policy may be cancelled by the Insurer giving to the Insured one hundred and twenty (120) days or one hundred and twenty (120) days notice in writing of cancellation by registered mail and refunding the excess of paid premium beyond the earned premium, when information is made available for calculation of the earned premium. Notice to the first Named Insured shall constitute notice to all Insured's, except as otherwise required by contract. c) Except in Quebec, the fifteen (15) days or one hundred and twenty (120) days mentioned above in this condition commences to run on the day following the receipt of the registered letter at the post office to which it is addressed. d) In Quebec, the Notice of Cancellation from the Insurer takes effect fifteen (15) days or one hundred and twenty (120) days after receipt by the Insured at the last know address. Repayment of excess premium may be made by money, post office order, postal note or cheque and shall be forwarded to the Insured as soon as practicable after the giving or receiving of such notice of cancellation. 11. TERRITORY Canada but Worldwide with respect to sales visits. 12. AGENCY It is understood and agreed that the Insured who affected this insurance, and paid the premium therefore, did so on its own behalf and as agent for the others Insured hereby, including those referred to by general description. It is further acknowledged and agreed by the Insurer as evidenced by their acceptance of this premium paid that any Insured hereunder may, subject to notification to the Insured, ratify such agency at any time subsequent to the issuance of this insurance for the purpose of entitlement to coverage granted by its terms for good consideration. 13. FIRST NAMED Insured Municipal Special Event Liability Wording 200B.doc Page 17 of 19 POLICY CONDITIONS(Cont'd) The first Named Insured shall be deemed the sole and irrevocable agent of each and every Insured under this policy for the; purpose of; a) Giving to or receiving from the Insurer notice of cancellation; b) Giving instructions to alter or agreeing with the Insurer for alterations to be made to this policy wording; c) Making or receiving payments of premiums or adjustment of premium. 14. OTHER EMPLOYEES IT IS AGREED THAT WITH RESPECT TO Coverage F "Employers' Liability" this policy shall also insure the Insured's liability to employees of others, but only while such employees are subject to the doctrine of "Borrowed - Servant' or "Master - Servant" relationship. 15. TITLES OF PARAGRAPHS The several titles of the various paragraphs of this policy (and of endorsements and supplemental contracts, if any now or hereafter attached to this policy) are inserted solely for convenience of reference and shall not be deemed in any way to limit or affect the provisions to which they relate. 16. DECLARATIONS By acceptance of this policy the Insured agrees that the statements in the Declarations, are his agreements and representations, that this policy is issued in reliance upon the truth of such representations, and that this policy embodies all agreements existing between himself and the Insurer or any of their representatives relating to this insurance. 17. UNITED STATES OF AMERICA JURISDICTION In respect of any judgment, award or settlement made within countries which operate under the laws of the United States of America (or any order made anywhere in the world to enforce such judgment, award or settlement either in whole or in part) the following conditions/exclusions are conditions precedent to the granting of indemnity under such jurisdiction; a) The limit of liability is deemed to include claimants' costs, fees and expenses, defence costs and supplementary payments b) Insurer shall not be liable for; i. Personal injury or bodily injury or loss of, damage to, or loss of use of property directly or indirectly caused by seepage, pOllution or contamination; ii. The cost of removing, nullifying or cleaning up seeping, polluting or contaminating substances; Iii. Fines, penalties, punitive or exemplary damages. Municipal Special Event Liability Wording 2006.doc Page 18 of 19 POLICY CONDITIONS(Cont'd) 18. JURISDICTION AND LAW: The policy and any disputes arising from it shall be governed by the laws of Canada. Municipal Special Event Liability Wording 2006.doc Page 19 of 19 REPORT TO COUNTY COUNCIL FROM: Clayton Watters, Director of Engineering Services DATE: November 9, 2006 SUBJECT: Temporary Road Closures INTRODUCTION The County of Elgin has received a request from the Municipality of Central Elgin to "waive its policy respecting insurance and approval for events occurring on County Roads and other County property within the Municipality of Central Elgin". The County of Elgin has a policy on temporary road closures on County roads. This policy has been in existence for many years. DISCUSSION The County of Elgin has the authority (Municipal Act) the temporary close a section of a County road, subject to conditions, which the County may impose, for any purpose. Those conditions are as follows: . A request from the local municipality on the event, location and date, . That the municipality provides general liability insurance of $5,000,000 with the County of Elgin named as co-insured, . That the municipality is responsible for all materials, labour, and equipment to maintain a safe detour and also, . That municipality agrees to hold the County of Elgin harmless during the road closure by signing an agreement. The Municipality of Central Elgin has requested, "Since the municipality is unable to comply with the County policy currently in place, the municipality is requesting that the County waive its policy requiring the municipality to, . provide an insurance certificate from Central Elgin's insurer naming the County as an additional insured, and, . execute the County agreement for the roads closing." The County of Elgin insurer has reveived the request and supplied the attached advice. CONCLUSION The Municipality of Central Elgin has requested that the County of Elgin change its policy on the Temporary Closure of County Roads. Central Elgin requested that the County of Elgin, waive its clauses on providing an insurance certificate from Central Elgin's insurer to the County as an additional insured, and execute the County agreement for the roads closing. The first issue of who's insurance company provides the coverage is not of concern provided that is from a company that does business in Ontario and provides the coverage and amount requested by the County of Elgin. The indemnification and hold harmless clause is a major issue that the County of Elgin cannot waive. RECOMMENDATION That the County of Elgin agrees to waive that portion of its "Temporary Road Closure Policy" relating to general liability insurance provided that: Proof of $5,000,000 general liability insurance is provided (from the municipality OR from a third policy); and also, That all other aspects of the policy shall remain in effect. ResV;~;,mitted Clayton D. Watters Director of Engineering Services Page 1 of2 Mark McDonald From: kate.routliffe@frankcowan.com Sent: Thu 11/912006 3: 16 PM [kate. routliffe@frankcowan.com] To: Sandra Heffren; Mark McDonald; wattercd@elgin-county.on.ca Cc: Subject: County of Elgin - parade procedures - correspondence Attachments: With regard to your fax asking if you could (or should) amend your internal policy regarding the requirements for parades, here is the response from Risk Management. Currently the County's policy requires the underlying municipalities to provide proof of $5 million GL, add the County as an Additional Insured, hold the County harmless during road closures, and provide materials, labour and equipment required to maintain a safe detour route. The County has been presented with a question from the municipality of Central Elgin, namely, is the County willing to amend its internal policy? It would seem that Central Elgin is anticipating having a parade which will be organized by a third party and not by the municipality itself. Therefore, the proof of $5 million GL insurance would not come from the municipality's own insurer, but from the third party. Central Elgin is prepared to require the Third Party to add the County (as well as Central Elgin) as additional insureds. The County should also ensure that the County will be indemnified and held harmless by both the Third Party and the underlying municipality. If possible, the County may also request that it receives a copy of the contract between the municipality and the third party to ensure that these items are included. Regards, Cheryl FitzSimons, CAIB, FCIP, RF Risk Analyst Frank Cowan Company Limited https://mail.elgin-county .on. ca/exchange/mmcdonald/Inbox/%20County%20ofO.Io20Elgin... 09/11/2006 rrhe Corporation of the Municipafity of Centra{ T,fgin 450 Sunset Drive, 1 st Floor, S1. Thomas, Ontario N5R 5V1 Ph.519-631-4860 Fax 519-631-4036 HAND DELIVERED November 7, 2006 Mark G. McDonald Chief Administrative Officer The Corporation of The County of Elgin 450 Sunset Drive St. Thomas, Ontario N5R 5Vl t\!r"'J _ iJ ',',,fig,: r~u if ;J 6'iJilJU Dear Mr. McDonald: Re: Parades on County Roads ,~~ATIVb SERVICES Further to our telephone discussion on November 3, 2006, I am writing to request the County waive its policy respecting insurance and approval for events occurring on County Roads and other County property within the Municipality of Central Elgin. Central Elgin Municipal Council had requested and obtained approval for Christmas parades to occur in Port Stanley and Belmont on December 1 and 3, 2006 respectively. Our insurance broker, Jardine Lloyd Thompson, did provide an insurance certificate naming the County as an additional insured, however, the certificate only covered normal municipal operations, not a parade run by a third party organization. After discussing the matter with representatives from Jardine Lloyd Thompson, the firm indicated that it is able to provide an additional insurance policy that the event organizer can obtain naming the County and the Municipality as an additional insured. A copy of the policy wording is attached. Since the Municipality is unable to comply with the County policy currently in place, the Municipality is requesting that the County waive its policy requiring the Municipality to: . provide an insurance certificate from Central Elgin's insurer naming the County as an additional insured, and . execute the County agreement for the road closing. Instead, we are proposing that the event organizers provide insurance for the event naming both the County and Central Elgin as additional insured parties. The Municipality is requesting that the County waive its current policy for not only the two Christmas parades in December, but any future events involving property under the County's jurisdiction in Central Elgin so that we do not face the same difficulty again. ..../2 2 Thank you for your consideration of Central Elgin's request. If you require any additional information, kindly advise. Attach. C: Bruce H. Blake, Barrister and Solicitor Stephen H. Gibson, Hennessey, Gibson, Hogan LLP CORRESPONDENCE - NOVEMBER 14. 2006 Items for Consideration 1. Janet Beckett, City Clerk, City of Port Colborne, with a resolution objecting to any further downloading of costs for MPAC to the local taxpayer and urges the Provincial government to take immediate action to fix the flaws of the property assessment system. (ATTACHED) 2. Victoria Leskie, Clerk, County of Prince Edward, requesting support for their resolution advising the Minister of Finance that it will freeze payments to MPAC at the 2006 rate until it is determined that MPAC has implemented changes for a functioning system that is fair to all Ontarians. (ATTACHED) 3. Linda M. Ringler, Clerk-Treasurer, Township of Chisholm, with a resolution requesting that the Province freeze the base assessment for Ontario municipalities at 2005 and future property assessments increase only upon the sale of a property. (ATTACHED) 4. Deborah Bourque, National President, Canadian Union of Postal Workers, with a resolution requesting the Federal Government change Canada Post's financial and policy framework regarding commercial enterprise and using more of its profits on public postal services. (ATTACHED) 5. Margaret Sharpe, Elgin Manor Resident Council Mayor, with correspondence regarding the concerns the residents of Elgin Manor have concerning the proposed building of the outdoor smoking structure at Elgin Manor. CITY OF PORT COLBORNE 66 CHARLOTTE STREET PORT COLBORNE, ON L3K 3C8 POR T COLBORNE October 16t\ 2006. Municipalities of Ontario Dear Councils: City of Port Colborne Resolution Re MP AC At its meeting of August 28t\ 2006, the Council of the Corporation of the City of Port Colborne resolved as follows: WHEREAS, MP AC currently has an annual budget of approximately $146 million dollars; AND WHEREAS, the taxpayers of Niagara pay approximately $5 million a year towards this annual budget including $200,000 from the taxpayers of Port Colborne; AND WHEREAS, MP AC is now requesting a $16 million dollar increase (or 11 %) to their overall budget to hire an additional 225 staff and establish a larger bureaucracy; AND WHEREAS, the additional funding will do nothing to fix the root of the problems facing the present assessment program for property values and provide no relief to the taxpayer; NOW THEREFORE BE IT RESOLVED, that the Council of the Corporation of The City of Port Colborne hereby objects to any further downloading of costs for MP AC to the local taxpayer and hereby urges the Provincial government to take immediate action and fix the flaws of the property assessment system. AND FURTHER, that Dalton McGuinty, Premier of Ontario, Greg Sorbara, Minister of Finance, Tim Hudak, MPP, Peter Kormos, MPP, Kim Craitor, MPP, Jim Bradley MPP, AMO and FCM, Regional Council and all municipalities in the Niagara Region be so advised. The above noted resolution is being circulated to all municipalities in Ontario and your favourable consideration of Council's request for support would be greatly appreciated. Janet Beckett City Clerk. City of Port Colborne Telephone: (905) 835-2900 EmaiI: ianbecketl{!iicitv.portcolbornc.on.ca Fax: (905) 834-5746 The Corporation of the County of Prince Edward Corporate Services 332 Main Street, Drawer 1550 Picton, Ontario KOK 2TO Phone (613) 476-2148 Fax (613) 476-8356 "WHEREAS the County of Prince Edward 2006 levy from the Municipal Property Assessment Corporation (MP AC) is in the amount of $380,000.00 which represents 2.0% of the ratepayers tax billing; and WHEREAS property assessment changes have created confusion and disruption to ratepayers and municipalities across Ontario which resulted in significant expense to municipalities in an effort to assist its ratepayers; and WHEREAS on March 28, 2006 the Ontario Ombudsman released a report which dealt with improving MP AC's assessment methodology and appeal processes making 22 recommendations; and WHEREAS the Province of Ontario announced that property tax reassessments by MP AC would be cancelled and property assessments would be frozen for the next two years to allow for the implementation of the Ombudsman's recommendations to Ontario's property assessment system; NOW, THEREFORE, BE IT RESOLVED THAT the County of Prince Edward notify the Minister of Finance that it will freeze payments to MP AC at the 2006 rate until it is determined that MP AC has implemented changes that will result in an improved and strong, functioning system that is fair to all Ontarians, and that this resolution be circulated to our MPP, MPAC, the Ontario Ombudsman, and all other municipalities in Ontario for support." CARRIED Contact Information: Victoria Leskie, Clerk County of Prince Edward 332 Main Street Picton, ON KOK 2TO vleskie@pecounty.on.ca Corporation of the Township of Chisholm Municipal Office: 2847 Chiswick Line RR#4, Powassan, Onto POH lZO (705) 724-3526 - Fax (705) 724-2888 e-mail: twpchisholm(lV.ontera.net Barbara J. Groves, Mayor Linda M. Ringler, Clerk-Treasurer October 25,2006 To all Municipalities in the Province of Ontario: Please be advised that the Council for the Corporation of the Township of Chisholm, at its meeting of October 24, 2006, adopted the following resolution: WHEREAS ratepayers in the Corporation of the Township of Chisholm have brought their concerns to the attention of the Township council: and WHEREAS the present methodology of applying the current "fair market system" of property taxation has created hardships for low, fixed income and senior ratepayers; and WHEREAS ratepayers have in effect been penalized for taking pride in and improving their properties; and WHEREAS many working families and seniors will be forced out of their homes due to the effects of the mysterious and unfair MP AC property assessments; and WHEREAS a more simple and fairer method of assessment would be far less expensive to maintain which will reduce every Ontario Municipality's cost of operation; NOW THEREFORE BE IT RESOLVED that the Province of Ontario freeze the base assessment for Ontario Municipalities at 2005 as passed by resolution of the Corporation of the Town of Niagara-on-the-Lake on June 12, 2006 and supported by the Council of the Corporation of the Township of Chisholm Resolution Number 2006-287 on June 27,2006, AND FURTHER that future property assessments increase only upon the sale of a property thus protecting all ratepayers and, in particular vulnerable ratepayers, from unfair taxation; and BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Premier of the Province, the Minister of Finance, the Minister of Municipal Affairs and Housing, MPP Monique Smith, the Association of Municipalities of Ontario and all Ontario Municipalities requesting their support. IF YOUR MUNICIPALITY ENDORSES THIS RESOLUTION PLEASE FORWARD YOUR LETTERS DIRECTLY TO THE HONOURABLE DALTON MCGUlNTY, PREMIER OF ONTARIO, THE HONOURABLE JOHN GERRETSEN, MINISTER OF MUNICIPAL AFFAIRS & HOUSING, THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO AND YOUR LOCAL MPP. Sincerely, Linda M. Ringler, A.M.C.T. Clerk-Treasurer cupwesttp 377, rue Bank Street, Ottawa, Ontario K2P 1 Y3 tel./tel. 613 2367238 fax/telec. 613 563 7861 ,:'~'J:.. '7'"'''';0;;:' ",'" . 7-' October 16,2006 ("'or;- dL! z ~ " "",.J To the Mayor and Council /+ t';$,;j;~..i';"fl4p1 'jj'm~ ~l. Ji1;~;ir~'l(:!i.{h.'j g c 11ft ~ iI t1 tho ~1~.;g~ c Re: Moratorium on Post Office Closures and Rural Delivery I am writing to congratulate each and everyone of you. We have won significant victory. In June 2006, the federal government announced it would continue the moratorium on post office closures in rural and small towns. As is often the case, this victory is not an absolute victory, but a victory nonetheless. While the government has stated that it is "committed to maintaining the moratorium,1l it has indicated that closures may occur due to "unforeseen events affecting the operation of a post office...such as retirement, illness, death fire, termination of a lease or a property sale." (Source: Letter to CUPW President Deborah Bourque from Paul Terrien, Chief of Staff, Office of the Minister of Transport, Infrastructure and Communities July 25, 2006) It will be up to all of us to ensure that Canada Post does not use "unforeseen events" to close a post office. One of the ways we can do this is by insisting that Canada Post establishes a clear and democratic process for consulting with communities that face closures. At the moment, Canada Post simply consults with "local officials." CUPW will continue to press the federal government on this matter. We believe that Canada Post should be required to consult with the public, postal unions and other major stakeholders to develop a uniform and democratic process for making changes to Canada Post's network. I thought that you might also be interested to know that the union is asking the federal government to deal with an equally pressing problem. The government has asked Canada Post to act like a commercial enterprise that generates commercial profits and dividends. This means that the millions that Canada Post makes from postage are directed towards providing the corporation with commercial profits ($199 million in 2005) and the federal government with lucrative dividends ($59 million in 2005), instead of being used to preserve and expand public postal service. ~--9.:"'-. Canadian Union of Postal Workers Syndicat des travailleurs et travailleuses des pastes The struggle conilnues La lutte continue CLCJCTC - FTO . UNI - 2- CUPW thinks the federal government should ask Canada Post to act like a public institution, not a profit-driven commercial enterprise. Instead of siphoning off a share of Canada Post's profits (i.e. dividends), we think the government should invest postal profits in keeping post offices open, maintaining rural delivery, expanding door-to-door service and reducing the corporation's horrific injury rate - one of the worst in the federal sector. We also think that the post office should use more of its profits to improve service for the public, not just for its major customers. I have attached an opinion piece which contains additional information on the above issues. CUPW has distributed this piece to community newspapers. I have also attached a resolution that the CUPW would like you to consider passing. Please contact bklassen@cupw-sttp.org if you would like an electronic version of this resolution. . In closing, I would like to thank you for considering our request to pass the attached resolution, keeping up-to-date on postal issues and for any actions you may have taken in the past to keep public post offices and jobs in communities. Over 1000 municipalities helped us maintain the moratorium on post office closures with calls, letters, resolutions and other supportive measures. You really made a difference, and we are extremely grateful for your help. In fact, we couldn't have done it without you. Thanks again. In solidarity, lli~ 6A-U.Sf~ Deborah Bourque National President Encl. c.c.: National Executive Board National Union Representatives Regional Union Representatives Regional Education and Organization Officers Specialists DBlbk cope 225 .i:UPBCFP --!I:.-.... Canadian Union of Postal Workers Syndicat des travailleurs et travailleuses des pastes The struggle continues La lutte continue CLC/CTC - FTQ . UNI CANADA POST: A PUBLIC CORPORATION WHEREAS Canada Post is a Crown corporation that is mandated by law to provide basic customary postal service while operating on a financially self-sustaining basis. WHEREAS Crown corporations like Canada Post have both public and commercial activities, but are distinct from commercial enterprises in that they are designed to serve the public interest, not maximize profit. WHEREAS the federal government has asked Canada Post to act like a commercial enterprise that generates commercial profits and dividends. WHEREAS Canada Post has responded by stating that it is a commercial enterprise with a business mandate and that it must focus on its major customers. WHEREAS millions of dollars that people pay in postage are now directed towards providing Canada Post with commercial profits ($199 million in 2005) and the federal government with lucrative dividends ($59 million in 2005) instead of being used to improve public postal service. WHEREAS the goal of commercial profits and dividends is at odds with the corporation's legislative mandate to provide public postal service and its public policy objective, as a Crown corporation, to serve the public interest. BE IT RESOLVED THAT (NAME OF ORGANIZATION OR MUNICIPALITY) write to Lawrence Cannon, the Minister Responsible for Canada Post and request that the federal government: 1. Change the financial and policy framework it uses to set targets for Canada Post so that the corporation does not have to provide commercial profits and dividends. 2. Instruct Canada Post to act like a public service, not a commercial enterprise, by using more of its profits on public postal services, including maintaining and expanding home mail delivery in rural and urban areas. MAILING INFORMATION Please send your letter and resolution to: The Honourable Lawrence Cannon, Minister Responsible for Canada Post, Place de Ville, Tower C, 29th Floor, 330 Sparks Street, KIA ON5. Please send copies of your letter and resolution to: 1. Deborah Bourque, President, Canadian Union of Postal Workers, 377 Bank Street, Ottawa, Ontario, K2P I Y3 2. Your member of Parliament. You can get your MP's name, phone number and address by calling 1-800463-6868 (at no charge). 3. Moya Greene, President of Canada Post, 2701 Riverside Drive, Ottawa, Ontario, KIA OBI FOR FURTHER INFORMATION Contact George Floresco, 3rd National Vice President, Canadian Union of Postal Workers, 377 Bank Street, Ottawa, Ontario, K2P lY3, (613) 236-7230 (extension 7900) Did we build our public post office for 200 customers? That's what Canada Post thinks. Canada Post says that it has 200 large customers that make or break the corporation and that it needs to keep its eyes on the people who pay the bills. So what about the rest of us? You know, the 33 million folks who make up this country. The people who built and paid for our public post office. Don't we matter? Canada Post is quick to point out that we have an "emotional" or "historic" relationship to the post office that no longer makes sense. Senior managers note that, while people react "emotionally," they don't buy stamps.They argue that the post office no longer plays a role in the community. "It's not Wal-Mart," said Canada Post's president earlier this year. "It's not their mall." This is true. Our public post office is neither Wal-Mart nor a mall. It's a public corporation that is mandated by law to provide basic customary postal service while improving service, operating on a financially self-sustaining basis and balancing the objectives of the corporation with the needs of its employees. Unfortunately, it appears that Canada Post has a different understanding of its mandate. The corporation's president has repeatedly stated that Canada Post is a commercial enterprise with a business mandate. The problem is that the government has asked the post office to act like a commercial enterprise. The government's financial and policy framework for Canada Post calls on the post office to provide a commercial rate of return and pay an annual dividend of 40 per cent of net profit. This means millions of dollars that people pay in postage are directed towards providing Canada Post with commercialprofits ($199 million in 2005) and the federal government with lucrative dividends ($59 million in 2005), instead of . being used to maintain affordable rates and improve public postal service and jobs. Now, we can either get used to this, or we can tell the federal government that the post office is ours and we want it back. We want Canada Post to start acting like a public institution, not Wal-Mart. Instead of paying a huge commercial dividend, we want the corporation to invest in keeping post offices open, maintaining rural delivery, expanding door-to-door service and reducing its horrific injury rate - one of the worst in the federal sector. And last but not least, we want the post office to use its profits to improve service for the public, not just for its 200 major customers. Canada Post is 25 years old on October 16, 2006. A great deal has changed in the last quarter century. But has the post office really become a commercial enterprise? Canada Post's anniversary gives us an opportunity to discuss this and other issues. What is the future of our public post office? What does the post office need to do to meet the challenges it faces? Did we really build our public post office for 200 customers? Let's use Canada Post's 25th anniversary to say no, we didn't. You can obtain a copy of Our Vision of the Post Office through the mail (377 Bank Street, Ottawa, Ontario K2P 1Y3), by phone (613-236-7230 ext. 7944) or by email (bklassen@cupw-sttp.org). Deborah Bourque is the National President of the Canadian Union of Postal Workers. She represents 54,000 workers from coast to coast to coast. The majority of them work for Canada Post. (SIDEBAR) What the law says What the government does Canada Post Corporation Act - Canada Post has a mandate to provide public postal service. The CPC Act says that our public post office should provide basic customary postal service while having regard for "the need to conduct its operations on a self-sustaining financial basis." In addition to asking the corporation to break- even, it says the corporation may declare and pay a dividend if the corporation can and the government decides it wants a dividend. It also says that postage rates shall be fair, reasonable and sufficient to defray the costs incurred by the Corporation in the conduct of its operations under this Act. But the Act doesn't require Canada Post to make profits or dividends. Financial Administration Act -The FAA says "there is a reasonable expectation that the corporation [Crown corporations like Canada Post under Part II of Schedule III] will pay dividends"and "ordiharilyearns a return on equity." But there is nothing in the FAA that requires a commercial rate of profit or the kind of dividends that a business might be required to pay. In spite of this, the federal government has asked Canada Post to act like a profit- driven commercial enterprise. Government financial and policy framework for Canada Post- The government's financial and policy framework for Canada Post calls on the post office to provide a commercial rate of return (11 % goal, reached 15 % in 2005) and pay an annual dividend of 40 per cent of net profit. The government's commercial objectives for Canada Post are fundamentally at odds with the corporation's legislative mandate to provide public postal service and its public policy objectives, as a Crown corporation, to serve the public interest. While Crown corporations like Canada Post have both public and commercial activities, they are distinct from commercial enterprises in that they are designed to serve the public interest, not maximize profit. Ibk cope 225 11/08/2005 17:52 519-531-2307 ELGIN MANOR PAGE 02/02 REGARDING SMOKING BUILDING November~08 2006 Meeting attended by: Mayor of resident c01.Ulcil.. . ..Margaret Sharpe Flechettte Slade Janet Buchan Dimora Boyes Marg Lyle Please accept this letter on behalf of the residents listed above that voiced concerns regarding the smoking hut that is to be placed at the front of the building. Since the structure is obviously going to be erected consider placing it at either at the end of the home, near the horticulture room, or around the comer at the front. The front southwest comer of the home, would spare the removal of the tree (which likely took many years to get that big) And avoid any damage to the newly laid sprinkler system. And keep all the interlocking bricks in their place. Placing it closer to the horticulture room would spare the unsightly appearance of the structure at the front, and families could enjoy their visits under the canopy too. Our MAJOR concern is the tree removal Who will take care of the snow removal when maintenance isn't here on weekends and holidays? It has been noted that during incelmate weather smokers still smoke to close to the front door. Please for the sake of the majority consider putting the smoking hut out of sight as much as possible Please feel free to contact me Marg Sharpe. .. Elgin Manor's resident cOlmcil Mayor. ft7JML1 ~~ CORRESPONDENCE - NOVEMBER 14. 2006 Items for Information (Consent Aaenda) 1. Premier Dalton McGuinty, acknowledging Council's resolution concerning: 1) municipal vehicle licensing and the use of coloured diesel fuel; 2) that Hydro One Networks immediately implement an improved system of communication with emergency service providers. 2. Hon. Steve Peters, M.P.P., Elgin-Middlesex-London, with copy of correspondence to the: 1) Hon. Monte Kwinter, Minister of Community Safety & Correctional Services, concerning Council's resolution calling upon the government to reinstate funding to the 9-1-1 Advisory Board. 3. Myles D'Arcey, Senior Vice-President, Customer Operations, Hydro One Networks Inc., acknowledging Council's support for the Township of McKellar's resolution regarding the need for Hydro One to placing a higher priority on emergency service calls. (ATTACHED) 4. Hon. Diane Finley, Minister of Human Resources and Social Development, acknowledging Council's concerns regarding the Conservative Government's decision to discontinue the "Best Start Program". (ATTACHED) 5. AMO Member Communication: 1) "Passage of Access to Justice Act may help solve lack of JP's"; 2) "New Regulation Addresses Paramedic Meal Break Issue"; 3) "Government Announces Public Review of the Customer Service Standards under the Accessibility for Ontarians with Disabilities Act"; 4) "Government Announces Recruitment for Third Standard Development Committee Under the AODA, 2005"; 5) "Citizens' Assembly begins Community Consultations"; 6) "Standing Committee to Review Bill 130". (ATTACHED) 6. Thank you card from Donna Lyle and Family. (ATTACHED) 7. Sandy Graham, Curator, Bayham Museums, with a letter of congratulations to the County of Elgin on the Grand Opening of the New Elgin County Museum and a letter of appreciation to the Curator of the Elgin County Museum for items donated to the Bayham Museums. (ATTACHED) The Premier of Ontario Le Premier ministre de l'Ontario lIj "11I_" Ontario Legislative Building Queen's Park Toronto, Ontario M7 A 1 A 1 Edifice de I'Assemblee legislative Queen's Park Toronto (Ontario) M7 A 1 A 1 October 16, 2006 "Ii (jl 11106 ib ilJI ,"'JI'J Mrs. Sandra J. Heffren Manager of Administrative Services County of Elgin 450 Sunset Drive St. Thomas, Ontario N5R 5V1 Dear Mrs. Heffren: Thank you for your letter of September 27, 2006 informing me of council's support for the resolution passed by the Township of Carlow/Mayo regarding municipal vehicle licensing and the use of coloured diesel fuel. I appreciate your keeping me apprised of council's position. I note that you have sent a copy of your correspondence to the Honourable Donna Cansfield, Minister of Transportation. As this issue falls under her jurisdiction, I trust that the minister will also take council's views into consideration. Thank you again for the information. I welcome council's input on this or any other issue of provincial concern. Yours truly, {2qJf~ Dalton McGuinty Premier c: The Honourable Donna Cansfield @ The Premier of Ontario Le Premier ministre de l'Ontario ~ "-,, Ontario Legislative Building Queen's Park Toronto, Ontario M7A 1A1 Edifice de l'Assemblee legislative Queen's Park Toronto (Ontario) M7 A 1 A 1 October 11, 2006 "J :.; t Mrs. Sandra J. Heffren Manager of Administrative Services County of Elgin 450 Sunset Drive St. Thomas, Ontario N5R 5V1 Dear Mrs. Heffren: Thank you for your letter providing me with a copy of council's resolution requesting that Hydro One Networks immediately implement an improved system of communication with emergency service providers. I appreciate your keeping me informed of council's activities. I note that you have sent a copy of council's resolution to my colleague the Honourable Dwight Duncan, Minister of Energy. I trust that the minister will also take council's views into consideration. Thank you again for the information. Yours truly, ((2Jt., Dalton McGuinty Premier c: The Honourable Dwight Duncan @ Ni ......,. Ontario Steve Peters, MoPoPo Elgin - Middlesex - London E'"G"N ,~~ 5l~' b _~ll ;, ""flUre;: ~EIl"Hff!A;;f"\ u riPJ n tr; ~tr;Ili\'~ ~~ih,,,]) October 20, 2006 Honourable Monte K winter Minister of Community Safety & Correctional Services 18th Floor, George Drew Building 25 Grosvenor Street Toronto,ON M7A1Y6 Dear Minister: Please find enclosed a resolution from the County of Elgin that calls upon our government to reinstate funding for the Ontario 9-1-1 Advisory Board. Minister, I would also appreciate your reviewing the resolution and responding directly to the County of Elgin. As always, thank you in advance for your time and consideration. Sincerely, ~\k. Steve Peters, M.P.P. Elgin-Middlesex - London Cc: County of Elgin 542 Talbot Street, St. Thomas, ON N5P 1 C4 'I' - (519) 631-0666 Toll free - 1-800-265-7638 F - (519) 631-9478 TTY - (519) 631-9904 E - speters,mpp.co@liberal.ola.org' \V\vw.stevepeters.com Hydro One Networks Inc. 483 Bay Street 14th Floor, North Tower Toronto, Ontario M5G 2P5 www:HydroOne.com fit r", r~ hyd ro '-:J one OCT 2 4 t~06 Myles D' Arcey Sr. Vice-President, Customer Operations \::jJ HJJM~NlST~1A 1'IVE SEHV!CES October 20, 2006 Mrs. S.J. Heffren County of Elgin 450 Sunset Drive St. Thomas, Ontario N5R 5Vl Dear Mrs. Heffren, Thank you for your letter to Tom Parkinson, President and CEO of Hydro One expressing your support for the Township of McKellar council resolution regarding emergency service calls to Hydro One. Mr. Parkinson has requested that I respond to you directly. The Township of McKellar Fire Department's experience with emergency service requests to our Customer Communications Centre on August 3,2006 was an unusual and unfortunate incident. We understand the frustration the fire department faced when they could not get through to report the fire. We have investigated this situation and have responded directly to the Township of McKellar regarding the details of this incident. McKellar's Council Resolution regarding placing a higher priority on emergency service calls is one we take seriously. To that end, Hydro One already has a dedicated emergency telephone number in place that gives police, fire and ambulance calls the highest priority at our Customer Communications Centre. As well, a letter is mailed annually to emergency agencies throughout the province, as a reminder of the existence of the dedicated emergency number. The next mailing to these agencies will occur this November. This number is not published so that we can ensure the effectiveness of the line, and that it is only used by emergency agencies. You should also be aware that the storm of August 2, 2006, during which the McKellar incident occurred, caused extensive damage to our distribution system and at its peak, approximately 150,000 Hydro One customers were without power. The storm started in the late evening of August 2, 2006. That same night, we more than tripled the number of Customer Communications Centre staff to help reduce customer wait times for calls coming in overnight. Hydro One is constantly exploring options to improve the services we provide our customers. Since the beginning of the year, on average, calls made to our dedicated emergency line have been answered in 44 seconds. We will continue to monitor our dedicated emergency line processes and ensure that these calls receive the highest possible level of service. Sincerely, Myles D'Arcey Senior Vice-President, Customer Operations Hydro One Networks Inc. c. The Honourable Dwight Duncan, Minister of Energy Minister of Human Resources and Social Development Ministre des Ressources humaines et du Developpement social Ottawa, Canada K1A OJ9 Mrs. Sandra J. Heffren Manager of Administrative Services The County of Elgin 450 Sunset Drive St. Thomas, Ontario N5R 5Vl Dear Mrs. Heffren: OCT 1 8 2006 c, L~ Ii:> "",\"'1:. 'fU\ijU t;,,:.y Thank you for your letter of July 13, 2006, on behalf of the Council of the Corporation of the County of Elgin, concerning the Best Start program. The Government of Canada recognizes that families are the building blocks of a society, and that child care is a priority for Canadian families. Weare committed to helping parents balance work and family life, and letting them choose what is best for their children. Budget 2006 set out the two main elements of Canada's Universal Child Care Plan: the Universal Child Care Benefit and the Child Care Spaces Initiative. The aim of our plan is to provide support to all parents of young children, whether they work in the paid labour force or stay at home with their children, live in a small town, rural community or large urban area. I am pleased to take this opportunity to provide you with information on Canada's Universal Child Care Plan and to invite you to visit www.universalchildcare.ca. to explore the plan in more detail. The Universal Child Care Benefit came into effect on July 1, 2006. It provides $100 per month for each child under six, taxable in the hands of the spouse with the lower income. All families with children under six receive the benefit, which they can use for child care costs-whatever they may be. The benefit puts choice for child care where it belongs- in the hands of parents-and allows them to choose the option that best suits their family's needs. This new benefit provides Canadian families with direct financial assistance in addition to the Canada Child Tax Benefit, National Child Benefit Supplement and Child Care Expense Deduction. The Universal Child Care Benefit is an additional support offered to parents of young children to let them choose the child care option that best suits their needs. It is not intended to cover the full cost of non-parental child care for families. Rather, it makes whatever child care they choose-whether that is a child care centre or care by a parent at home-more affordable. .. ./2 Canada ,L~;7d~~/J~-~ r-T- - / ,,/,;-;,,/'&1.:. q/ -2- The Government will also help Canadian parents to.better balance child care and work responsibilities with investments in new child care spaces. Budget 2006 allocates $250 million per year, beginning in 2007, to support the creation of new child care spaces. The key to this initiative's success will be to ensure flexibility in its design so that new spaces are responsive to the needs of families, regardless of where they live or their hours of work. New spaces could include workplace-based child care centres in big cities, flexible spaces that work for families in small towns and rural areas, and spaces for parents who work outside the standard nine-to-five day. I am currently consulting with employers, experts, community and non-profit organizations, as well as the provinces and territories, on the Child Care Spaces Initiative. As well, I have established an Advisory Committee including community leaders, employers and child care providers. Sometime this fall, they will provide me with a report outlining their best design advice and recommendations. More details on this initiative, as well as related consultations, will be posted on the www.universalchildcare.ca Web site as they become available. Please continue to check the Web site for more information, or subscribe to receive updates on Canada's Universal Child Care Plan. Canada's Universal Child Care Plan represents a new approach to child care that respects the role of parents in determining how best to care for their children, and recognizes the responsibility of provincial and territorial governments for the delivery of child care services. To facilitate the transition to this new approach, we are providing $650 million dollars in child care funding to all provinces and territories for the 2006-2007 fiscal year, on an equal per capita basis. This is in addition to other amounts transferred to the provinces and territories for early childhood development, including child care ($500 million in 2006-2007), and early learning and child care ($300 million in 2006-2007). The Best Start program in Ontario encompasses a broad range of early childhood development activities that go well beyond the services that would have been covered under the 2005 agreements on early learning and child care. While I appreciate being made aware of your views on these matters, the Best Start program and the administration of child care centres fall under provincial jurisdiction. I therefore suggest that you forward your concerns, if you have not already done so, to the Honourable Mary Anne Chambers, Minister of Children and Youth Services, who is in the best position to respond to your concerns over early childhood development and funding to specific programs related to child care. .. ./3 -3- Thank you for sharing your views. I appreciate having had the opportunity to share details of Canada's Universal Child Care Plan. Yours sincerely, L MEMBER COMMUNICATION ALERT NO: 00-057 393 University Ave, Suite 1701 Toronto, ON M5G 1 E6 Tel.: (416) 971-98561 Fax: (416) 971-6191 E-mail: amo@amo.on.ca Association of Municipalities of Ontario To the attention of the Clerk and Council October 20, 2006 FOR MORE INFORMA nON CONTACT: Scott Vokey, AMO Senior Policy Advisor (416) 971-9856 ext 334 Passage of Access to Justice Act may help solve lack of JPs Issue: Bil/14, An Act to promote access to justice by amending or repealing various Acts and by enacting the Legislation Act, passed Third Reading in the Legislature yesterday. Background: The Access to Justice Act will regulate paralegals and reform the justice of the peace system. It will also update the Provincial Offences Act, the Limitations Act, 2002, and the Courts of Justice Act. The act will ensure a more open and transparent appointment process for justices of the peace. Reforms will establish minimum qualifications for justices of the peace and establish a new Justices of the Peace Appointments Advisory Committee that will reflect Ontario's diversity and regional differences. The Act introduces increased flexibility by providing that experienced retired justices of the peace can be temporarily assigned to specific matters on a per diem basis. Analysis: The current shortage of JPs has created a crisis situation in the POA Courts. This shortage has resulted in case backlogs, cases dropped, and lost time for police services and court personnel, all of which compromises the public's faith in and access to the justice system. In addition, there is a significant financial impact on the municipal sector. For example, the City of Toronto recently had 4 courtrooms mothballed until further notice and a 30% shortfall in available Justices of the Peace. Meanwhile, the Region of Durham advises that next month it will have 8 days with no Judiciary scheduled in any of its 19 trial and first appearance courts. A further 10 courts will have no justices of the peace at all. This will result in a loss of 1500 or more cases. Across the province, this lack of JPs results in $1,000,000 more in fines being unpaid and uncollected each week, including a loss of $167,000 to the Provincial Victims of Crime fund. Bil/14 is a good first step toward addressing the JP shortage. AMO was joined by the Municipal Court Managers Association, Municipal Law Departments Association of Ontario, Prosecutors Association of Ontario, Ontario Association of Chiefs of Police, and the Ontario Association of Police Service Boards in agreeing that minimum qualifications and a new selection process were necessary, that all new justices of the peace should be full-time presiding justices, and that retired JPs should be allowed to hear POA offences on a per diem basis. Action: AMO has expressed its approval of the provision to enable retired JPs tohear POA offences on a per diem basis. AMO will analyze future development with the expectation that the Province will appoint more JPs as soon as possible. This information is available in the Policy Issues sectionofthe AMO website at www.amo.on.ca. 1-1 Association of Municipalities of Ontario 393 University Ave, Suite 1701 Toronto, ON M5G 1E6 Tel.: (416) 971-98561 Fax: (416) 971-6191 E-mail: amo@amo.on.ca Association of Municipalities of Ontario MEMBER COMMUNICATION ALERT NO: 06-059 To the attention of the Clerk and Council October 24, 2006 FOR MORE INFORMATION CONTACT: Laurel McCosham, AMO Policy Advisor (416) 971-9856 ext 315 New Regulation Addresses Paramedic Meal Break Issue Issue: Reaulation 491, "Terms and Conditions of Emplovment in Defined Industries- Ambulance Services" was posted under the Employment Standards Act (ESA) today. Analysis: This regulation addresses the issue of meal breaks and rest periods for paramedics employed by Ontario municipalities. The new regulation permits an exemption from the meal break provisions for paramedics under the Employment Standards Act (ESA) where there is wording in a collective agreement, or any other agreement, that covers meal breaks. An exemption from rest period provisions is also permitted where parties agree to an eight hour rest period between shifts rather than the customary 11 hour rest period. The regulation applies to all existing agreements and to future agreements. The new regulation represents a positive development for municipalities who deliver ambulance services. Formally, paramedics fall under Section 20 of the ESA which entitles employees to eating periods of at least 30 minutes at intervals of no more than five working hours apart. Section 18 of the ESA also officially applies to paramedics and entitles them to at least 11 consecutive hours of rest between shifts. However, where agreements diverge from these ESA provisions, the terms of the agreements will be preferred. This will allow municipalities to avoid the substantial costs of complying with meal break and rest period stipulations under the ESA. According to Emergency Medical Services directors, these costs were estimated to be as much a $40 million per year across the province. Since municipalities are responsible for at least half of all land ambulance costs, Regulation 491 represents significant cost avoidance for many communities. It also minimizes potential for lengthy response times, ensuring that public safety remains the top priority. AMO has been working to address the regulations under the ESA around meal breaks and hours of work as they apply to paramedics, since February 2005. AMO had been seeking a full exemption from these ESA provisions. However, the new regulation will provide immediate relief for the 29 municipalities who already have wording on this matter in collective agreements. It will also provide a framework for local management of this issue in other communities. Action: AMO will monitor the situation to assess the effectiveness of the new regulation. This information is available in the Policy Issues section of the AMO web site at www.amo.on.ca. 1/1 Association of Municipalities of Ontario MEMBER COMMUNICATION ALERT NO: 06/060 393 University Ave, Suite 1701 Toronto, ON M5G 1 E6 Tel.: (416) 971-9856\ Fax: (416) 971-6191 E-mail: amo@amo.on.ca Association of Municipalities of Ontario To the attention of the Clerk and Council November 2, 2006 FOR MORE INFORMATION CONTACT: Petra Wolfbeiss, AMO Senior Policy Advisor (416) 971-9856 ext 329 Government Announces Public Review of the Customer Service Standards under the .Accessibility for Ontarians with Disabilities Act Issue: Correction: This ALERT, previously released on October 24, 2006, is being reissued to provide a point of clarification regarding AMO's advocacy for provincial funding to assist in the implementation of the standards developed under the AODA. Background: On October 23, 2006 the Minister of Community and Social Services, Madeleine Meilleur, announced the beginning of the public review process of the draft Customer Service Standards as prescribed under the AODA, 2005. The AODA, 2005, requires the Minister of Community and Social Services to develop accessibility standards that will remove barriers for people with disabilities. The standards are expected to apply to the public sector, including all municipalities in the Province, as well as the not-for-profit and private sectors. They will address a full range of disabilities including physical, sensory, mental health, developmental and learning and will be implemented in phases leading to full accessibility in Ontario by 2025. Once completed, the standards will be introduced into legislation and therefore will become mandatory and enforced by the Province. A sector costing analysis was carried out by PricewaterhouseCoopers for the Customer Service Standards. In the costing analysis, municipalities, post-secondary education (PSE), public transit were analyzed together as a single sector. Projected total cumulative costs for municipalities, PSE and public transport, from 2007-2025, are between $52.2 million ($2.9 million/year) and $156.7 million ($8.7 million/year). Direct municipal cost impacts, both low and high per year, are not available. While some may characterize the anticipated cost impacts as relatively low, it should be noted that cost impacts from the remaining four standard development committees are yet to be determined. While the previous ALERT indicated that AMO has advocated for provincial funding to assist in the implementation of the standard development committees (SDCs) under the AODA, in fact, AMO has advocated for provincial funding to assist in the implementation of the standards that are being developed. To date, no funding to support the legislation has been made available. AMO will be recommending to the Ministry that in order to fully understand the meaning and impact of any of the standards, it will be important to consider them together. Action: AMO is recommending that municipalities review the proposed standards and provide comments to the Ministry of Community and Social Services by the December 20, 2006 deadline. AMO, through the Barrier Free Access Working Group and on the future SDCs, will continue to participate in the SDC process and advise the membership of arising issues, concerns and critical timelines. 1-1 Association of Municipalities of Ontario 393 University Ave, Suite 1701 Toronto, ON M5G 1E6 Tel.: (416) 971-98561 Fax: (416) 971-6191 E-mail: amo@amo.on.ca MEMBER COMMUNICATION FYI NO: 06-015 Association of Municipalities of Ontario To the attention of the Clerk and Council October 24, 2006 FOR MORE INFORMATION CONTACT: Petra Wolfbeiss, AMO Senior Policy Advisor (416) 971-9856 ext 329 Government Announces Recruitment for Third Standard Development Committee Under the AODA, 2005 On October 23, 2006, the same day the Minister of Community and Social Services, Madeleine Meilleur, announced the beginning of the public review process for the Customer Service Standards developed under the Accessibility for Ontarians with Disabilities Act, 2005, the Minister also announced the recruitment for the Information and Communications Standard Development Committee. The Accessibility for Ontarians with Disability Act, 2005, requires the Minister of Community and Social Services to develop accessibility standards that will establish measures, practices, policies and other initiatives to remove barriers for people with disabilities. The standards are expected to apply to the public sector, including all municipalities in the Province, as well as the not-for-profit and private sectors. They will address a full range of disabilities including physical, sensory, mental health, developmental and learning. The development of these standards commenced earlier this year and the work to date indicates that the standards will include time periods for implementing accessibility requirements in stages that will lead to a fully accessible Ontario by 2025. Once completed, the standards will be introduced into legislation and therefore will become mandatory and enforced by the Province. Two standards development committees have been established to date. These are the Customer Service Standards Development Committee and the Transportation Standards Development Committee (SDCs). As indicated, the Customer Service Standards were released for public review to be carried out from October 23, 2006 to December 20, 2006. The Transportation Standards are still in development. The Information and Communications SDC will focus on developing standards - both common and sector specific - related to information processing and communication, and could include publications, software applications, and web sites. As with the Customer Service Standards Development Committee and the Transportation Standards Development Committee, AMO will be represented on the Information and Communications Standards Development Committee. Municipalities are encouraged to seek representation on the Information and Communications SOC. Please see the link provided above for information. This information is available in the Policy Issues section of the AMO website at www.amO.on.C8. Association of Municipalities of Ontario 1-1 393 University Ave, Suite 1701 Toronto, ON M5G 1E6 Tel.: (416) 971-98561 Fax: (416) 971-6191 E-mail: amo@amo.on.ca MEMBER COMMUNICATION FYI NO: 06-016 Association of Municipalities of Ontario To the attention of the Clerk and Council November 1, 2006 FOR MORE INFORMATION CONTACT: AMO Senior Policy Advisor Scott Vokey (416) 971-9856 ext 334 Citizens' Assembly begins Community Consultations Created by the McGuinty government, the Citizens' Assembly on Electoral Reform has the responsibility of assessing Ontario's provincial electoral system, and systems in other jurisdictions, to recommend whether Ontario should retain its current system or adopt a new one. The Citizens' Assembly will discuss the options we have when we vote, and how our votes are translated into seats for Members of Provincial Parliament. If the Assembly recommends a change, all Ontario voters will have their say in a referendum to be held by October 2007. Assembly members are currently in the process of learning about electoral systems but will consult with fellow Ontarians through a series of public meetings between November 2006 and February 2007. The consultation process is a chance for all Ontarians to have their say about Ontario's electoral system. Assembly members will return to Toronto in February 2007 to deliberate and form their recommendation. Their recommendation will be outlined in a report due to the government by May 15, 2007. The Citizens' Assembly is asking for the support of municipal councils in Ontario to help publicize the upcoming consultations via their websites and other official communications. The list of locations and the schedule for the consultations plus additional information can be found at the Citizens' Assemblv website. For more information about the Assembly itself, please contact them at 1-866-317-3208 or by e-mail atinfo@citizensassemblv.Qov.on.ca. This information is available in the Policy Issues section of the AMO website at www.amo.on.ca. 1-1 Association of Municipalities of Ontario ~ MEMBER COMMUNICATION ALERT NO: 06-061 393 University Ave, Suite 1701 Toronto, ON M5G 1 E6 Tel.: (416) 971-98561 Fax: (416) 971-6191 E-mail: amo@amo.on.ca Association of Municipalities of Ontario To the attention of the Clerk and Council November 3, 2006 FOR MORE INFORMATION CONTACT: Pat Vanini, AMO Executive Director, 416-971-9856 ext316; or Scott Vokey, AMO Senior Policy Advisor 416-971-9856 ext 334 Standing Committee to Review Bill 130 Issue: The Standing Committee on General Government will hold public hearings in Toronto on Bil/130, Municipal Statute Law Amendment Act, 2006, on November 15, 20, 22, 27 and 29, 2006. Background: The Municipal Act is the cornerstone of the provincial-municipal relationship. The Province first committed to reviewing the Municipal Act in June 2004 and has repeatedly stated that it is intended to come into effect on January 1, 2007. Bil/130 received First Reading on June 15,2006. The bill received Second Reading debate on September 25 and 26 before it was referred to the Standing Committee on General Government on October 12. Analysis: The changes proposed in the Bill help move Ontario toward a more mature relationship with municipal governments by reducing provincial micro-management and providing broader, accountable authority for municipal governments to pass laws. Broader authority and less prescriptive regulation signal that the Province believes the municipal order of government is respected, responsible, and accountable. Ontario's municipalities will be able to strengthen good governance, encourage economic growth, and promote a high quality of life as a result of improvements in this legislation. AMO has applied to appear before the Standing Committee on November 15. A copy of our submission will be available on our website by mid-week next week to help inform those municipalities currently drafting their own submission. Action: Those interested in making an oral presentation on Bill 130 should contact the Committee Clerk, Susan Sourial at (416) 325-7352 or susan_sourial@ontla.ola.org. The deadline for doing so is 3:00 p.m. on Thursday, November 9, 2006. Videoconferencing or teleconferencing arrangements may be made for those unable to appear in person. Those who do not wish to make an oral presentation but wish to comment on the Bill may send written submissions to the Committee Clerk by 5:00 p.m. on Wednesday, November 29, 2006 to this address: Room 1405, Whitney Block, Queen's Park Toronto, Ontario M7A 1A2 This information is available in the Policy Issues section of the AMO website at www.amo.on.ca. 1-1 Association of Municipalities of Ontario i ,>... ,,~,{j 1 ~ , ~ ~ ~ ~~,. . ~. ~ . ~ . . ~ i)' ~1~ ': ~ ~.~ t : 1 l~~ 1 ~~ ~~~~:r~~ ~ ' ~~ {> ~ .~. ~1 ~ t ~ \::) ?b ~ ~ ~ 29 Pitt Street Port Bum-el1, Ontario Edison Museum ofVienna Port Burwell Marine Muselun & Lighthouse 14 Snow Street Vienna Ontario "1840 Historic Lightllollse" "DisCOl'er The Canadian Connection" Warden Paul Baldwin County of Elgin Administration Building 450 Sunset Drive St Thomas, Ontario, N5R 5V1 November 3,2006 NOV -.., 2006 ".>".';;~,\~'.,!!1'. 'lflt'li\T1\ff[1; @~!t'lVir.\l',;~;; N::,,,:!I!I'f,~ ~ n~ ! IJ "'" >d)llmn iJ U""I,;"" Dear Warden Baldwin, As the Curator of Bayham Museums, I wish to express congratulations to the County of Elgin on the recent Grand Opening of the new Elgin County Museum. This is a most worthy and tangible expression of your corporate goal to promote cultural services, and a vibrant reflection of your mission statement to "promote quality of life and our rich historical and agricultural heritage". In these times, when Canadian heritage, and Canadian museums, seem too often to slip between the cracks of government fiduciary prudence and caution; here is an example to fill us with pride, hope, and gratitude. It is my belief that Elgin will prosper the more for having such an institution, for "the child is father to the man" and as our rural citizens and communities develop, grow and evolve, so with reverence and fealty do we need, and seek, those records and voices from Ollr common past that bespeak lives lived, lessons learned, and the aggregate experience thatis our common heritage, and a testament to the human spirit. Itis with. gratitude also that I write of the measure of assistance and solidarity communicated by the Elgin County MuseUm, arid the Elgin County Archives, to their sister institutions in the region. When Curator Ninette Gyorody planned the Elgin County Museum's move to its new location, she generously offered the surplus items and equipment to other museums, such as ours, who could make use of them. On behalf not only of Bay ham Museums but also, I'm sure, of the other museums, I can attest to the benefit derived from this gesture, and give hearty thanks. Similarly, the Elgin County Archives has initiated an online collections management program, which it shared this past summer with museums such as ours, to help secure in a more central and accessible database, the records of our disparate but vital collections. We are indebted and grateful to the Archives in general, and to Brian Masschaele and Gina Cody in particular, for helping us towards our goal of a more organized and accessible means of reaching and sharing our collections. I pay tribute to this spirit of helpfulness and generosity, but even more to the sense of unity of purpose, to the recognition that our interdependency in this rural county, our need for each others skills, ideas, resources, and passion, is more than anything what will help us succeed. It is this "linking of arms" that helped sustain , communities and families in the past, and the values inherent such gestures, such acts, that will do more for our common civility, our quality oflife, and our prosperity, than all or any aspirations of being "world class". Let us be true to our identity, which is a proud heritage, and one I preserve and share, with humility. . ~SincerelY~ . ..... .'. .,~ .,.,~,..,.. ;' _ ..!' " '. " '. ..' .' -' _ " . ~ " '._', "', h < -,.' . .' . '." ., . " .' ,- , . .. . , . ',' , . ' . .. .,..'s', ....,. .a....f.. ;'G,"""rah"~ '.. ..'....C.....,;., "'...t......,: .,.':. ".'.. ...... " ~ fP#~uta~or " ,'. . 'BayhaDi M1.tSeuIns' . (,; ; : Ene.Letter to Ninette Gyorody,; 17/08/06 ;)/) ,; '. .' , BAYHAM.....Opporturlity IsYours: Website: www.bayham.on.ca . Municipality of Ba}-bam 9344 P1aukRoad, PO Boxl60 Straffonbille On NOJ lYO Telphone 519-866-55%1 Fax 519-866-3884 29 Pitt Street Port Burwen. Ontario Edison MuseUlU of Vienna Port B1.U"Well Marine Muse1.UD & Lighthouse 14 Snow Street Vienna Ontario "1840 Historic Ligl.thouse" "Discover The Ca,".tlim. COIU.ectiou" Ninette Gyorody, Curator Elgin County Museum 450 Sunset Drive St. Thomas, ON N5R 5Vl (519) 631-1460 x159 ngyorody@elgin-county.on.ca August 17, 2006 Dear Ninette, You must be excited about your eminent grand opening, unless you are too busy preparing for it. On behalf of Bayham Museums, I want to thank you again for the items donated earlier this summer. They were gratefully received, and will be put to good use, especially as we gear up for next year and beyond. These items will of use to us in our offices and curatorial work, and also in our programs. Here, for the record, is the eclectic list of items Cotton gloves (approx. 3 dozen pair) Hu1a hoops (2) White wooden bathroom shelves Cordless phone Floor lamps (2) Brochure stand Ten foot folding table Six foot folding table Desks lamps, adjustable (2) Small computer desk station Hewlett Packard LaserJet III printer Various computer connection devices Computer keyboard and mouse Bookcase (approx. 6' X 2112,) Room dividers (4) Television (30" screen) VCR Office chairs (2) Metal cabinets (2) Small wooden bench Magazine holders (10) Coat hangers (approx. 20) I hope that sometime in the future that we can return the favour; in fact, I'm sure we shall. Heritage institutions must stick together and lend each other a hand when they can. But your gesture amply demonstrates this spirit already. Sincerely, ~.lJ~ Sandy Graham, Curator Bayham Museums BAYHAM.....Opportunity Is Yours: Website: www.bayham.on.ca Munic:ipality of Ba)i1am 9344 P1ankRoad.PO Box 160 Stl'aft'ordrille On NOJ 1YO Telphone 519-866-$521 :Fn 519-866-3884