June 12, 2007 Agenda (2)
ORDERS OF THE DA Y
FOR TUESDA Y. JUNE 12. 2007 - 9:00 A.M.
PAGE # ORDER
Meeting Called to Order
Adoption of Minutes - for the meeting of May 22, 2007
Disclosure of Pecuniary Interest and the General Nature Thereof
Presenting Petitions, Presentations and Delegations
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) Statements/Inquiries 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
61-63 13th Consideration of By-Laws
14th ADJOURNMENT
1st
2nd
3rd
4th
5th
2-45 6th
7th
46-60
8th
LUNCH WILL NOT BE PROVIDED
REPORTS OF COUNCIL AND STAFF
JUNE 12. 2007
Staff Reports - (ATTACHED)
3 Director of Information Technology - Email Disclaimers
7 Director of Information Technology - Portal Terms of Use, Dispute Resolution and
Privacy Policy
22 Director of Human Resources - Total Compensation Review (Wages, Benefits,
Vacation, etc.)
25 Director of Financial Services - Budget Comparison - April 30, 2007
33 Manager of Road Infrastructure - COMRIF - Asset Management Program (AMP)
36 Director of Engineering Services - Asbestos - Regulation 278/05
38 Director of Engineering Services - Consolidation By-Law
40 Director of Engineering Services - Renovations to the County Administration Building for
Tourism and Warden and Administrative Services
43 Director of Cultural Services - Student Volunteer Criminal Checks
2
REPORT TO COUNCIL
FROM:
Allan Reitsma
Director of Information Technology
DATE:
June 12, 2007
SUBJECT:
Email Disclaimers
CORPORATE GOAL(S) REFERENCED:
1. To recognize and seize opportunities for improvement
INTRODUCTION:
Email is an essential business tool that the County of Elgin cannot do without.
However, after several high profile lawsuits with multi-million dollar penalties
concerning the contents of corporate emails, companies are increasingly aware
that simply by using email they are exposing themselves to a number of legal
threats.
One of the ways in which to minimize these legal risks is to add a disclaimer to
every email that is sent on or from the County of Elgin network. This report
discusses why email disclaimers are needed and how they can be added.
DISCUSSION:
There are three main reasons why the County of Elgin might decide to add
disclaimers to emails: legal protection, regulatory compliance and marketing
purposes.
If the County of Elgin were to be so unlucky as to be sued for the contents of an
email.itis not certain whether an email disclaimer will protect it from liability in a
court of law. However, it could help the County's case and might exempt it from
liability. More importantly, it may well prevent the actual occurrence of lawsuits
against the County of Elgin since the mere presence of the statement might deter
most persons from seeking legal compensation from the County. Besides
avoiding liability, disclaimers are also used to prevent persons from unlawfully
forwarding or copying confidential emails. Again, the presence of the notice will
deter most persons from this.
There are six legal threats that disclaimers can help protect against:
. Breach of confidentiality
By including a disclaimer that warns that the content of the email is
confidential, the County of Elgin can protect against the exposure of
confidential information. If the receiver breaches this confidentiality,
they could be liable.
· Accidental breach of confidentiality
If an employee were to receive a confidential mail from someone
and by accident forward it to an unauthorized person, the
employee, and therefore the County of Elgin, could be held liable.
If a notice is included at the end of a mail message stating that the
email is only intended for the addressee and that if anyone receives
the email by mistake they are bound to confidentiality, this could
protect the County.
· Transmission of viruses
If an employee sends or forwards an email that contains a virus, the
County of Elgin can be sued for this. Although the County of Elgin
has implementing a good virus checker that blocks viruses entering
and leaving the County via email.itis good practice to include a
warning in a disclaimer that the email can possibly contain viruses
and that the receiver is responsible for checking and deleting
viruses.
· Entering into contracts
Written communication, including email, can be used to form
binding legal contracts if the individuals have actual or apparent
authority to do so. If County of Elgin does not wish certain
employees to be able to form binding contracts by email, including
a statement that any form of contract needs to be confirmed by the
person's director or manager.
· Negligent misstatement
By law, a person is obliged to take care when giving advice that a
third party relies on. If an employee were to give professional
advice in an email, the County of Elgin will be liable for the effect of
the advice that the recipient or even third party reasonably relies
upon. A suitable disclaimer could protect the County of Elgin from
this kind of liability.
. Employer's liability
Although the County of Elgin is ultimately responsible for the
actions of its employees, including the content of any emails they
send, a disclaimer can decrease liability; if a company can show
that it has correctly instructed its employees not to send libellous,
offensive, obscene or defamatory statements this could help in
disclaiming responsibility if an employee breaches these rules. A
company can demonstrate this by including an email disclaimer to
that effect, and by implementing an email policy that clearly warns
employees against misuse of email. However, there is no
disclaimer that can protect against actual libellous, offensive or
obscene content. The most a disclaimer can accomplish in this
respect is to reduce the responsibility of the County of Elgin, since it
can prove that the County of Elgin has acted responsibly and done
everything in its power to stop employees from committing these
offenses.
After reviewing a number of disclaimers, staff recommends that the following
disclaimer be appended to all email:
"This email may contain confidential information. If you are not one of the
intended recipients, if you receive this email or if it is forwarded to you
without the express authorization of The County of Elgin, please destroy
this email and contact us immediately."
The current version of the mail system used by the County of Elgin, Microsoft
Exchange 2003 does not currently allow disclaimers to be added to messages.
However, a third party tool, eXclaimer, is available at a cost of $205 plus taxes
that will provide the needed capability.
CONCLUSION:
It is a fact that simply by using email the County of Elgin is exposing itself to legal
threats. Since prevention is better than the cure (and certainly less expensive), it
is important that the County takes steps to minimize the threats. Adding legal
disclaimers at the bottom of each County email will provide the first basic
protection against a number of legal issues arising out of the use of email.
RECOMMENDATION:
THAT the County of Elgin add the following disclaimer to all email messages:
"This email may contain confidential information. If you are not one of the
intended recipients, if you receive this email or if it is forwarded to you
without the express authorization of The County of Elgin, please destroy
this email and contact us immediately."
Respectfully Submitted
~tf~
Alia eltsma
Director of Information Technology
REPORT TO COUNCIL
FROM:
Allan Reitsma
Director of Information Technology
DATE:
June 12, 2007
SUBJECT:
Portal Terms of Use, Dispute Resolution and Privacy Policy
CORPORATE GOAL(S) REFERENCED:
1. To recognize and seize opportunities for improvement
INTRODUCTION:
Within the next several months ownership of the ElginConnects portal will be
transferred to the County of Elgin. In order to protect the County and the users of
the portal the following documents need to be prepared:
. Terms of Use
. Website Privacy Policy
. Dispute Resolution Process
DISCUSSION:
The transfer of ownership of the ElginConnects portal brings with it some legal
risk to the County of Elgin. A "Terms of Use" document serves several purposes,
including:
a. limiting the legal liability of the County and the members of the portal,
b. defining the acceptable use of the portal by users of the portal and their
responsibility.
c. defining the responsibility of County with regard to content
d. defining the responsibility of content providers.
A copy of the Terms of Use document is attached to this report for review.
In order to promote confidence in the portal a Website Privacy Policy is
recommended. The policy will also identify what and how personal information
will be managed. The policy is based on and does not override the Municipal
Freedom of Information and Protection of Privacy Act.
A copy of the Website Privacy Policy and Website Privacy Policy Statement is
attached to this report for review.
In the event of a dispute with regard to the operation or content of the web it
would be prudent to have a dispute resolution process in place and to post this
process on the portal.
A copy of the Dispute Resolution Process is attached to this report for review.
CONCLUSION:
Inherent in the operation of the ElginConnects community portal by the County of
Elgin are legal risks. In order to protect itself the following documents have been
drafted:
. Terms of Use
. Website Privacy Policy
. Dispute Resolution Process
Once approved and upon completion of the transfer of ownership of the portal
these documents will be posted on the portal
RECOMMENDATION:
THAT the Terms of Use, Website Privacy Policy and Dispute Resolution Policy
be adopted and posted on the ElginConnects portal upon completion of the
transfer of ownership to the County of Elgin.
Respectfully Submitted
O~
Allan Reitsma
Director of Information Technology
Officer
Acceptable Use Agreement
IMPORTANT! YOUR ACCESS TO AND USE OF THE INFORMATION AND THE
SERVICES ON THE PORTAL ARE SUBJECT TO LEGALLY BINDING TERMS
AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS
AND CONDITIONS BEFORE PROCEEDING. BY ACCESSING AND/OR USING
THE PORTAL, YOU AGREE TO AND ACCEPT ALL OF THESE LEGAL TERMS
AND DISCLAIMERS. IF YOU DO NOT AGREE WITH THESE LEGAL TERMS
AND DISCLAIMERS, PLEASE EXIT THE PORTAL.
These legal terms and disclaimers constitute an agreement (the "Agreement")
between you ("You"), being a visitor and/or Content provider, as the case may
be, to the elginconnects.ca Community Portal (the "Portal"), and the County of
Elgin (the "County"), regarding Your access and use of the Portal, Your
subscription to the Portal, Your subscription to the registrant-only portion of the
Portal, the provision of Content to the Portal and/or any and all other activities
and transactions conducted through the Portal. The effective date of the
Agreement is when You accept or are deemed to accept the Agreement by
accessing and/or using any page or portion of the Portal and/or providing any
Content, whichever occurs first.
The purpose of the Agreement is to help promote community confidence and
trust in the Portal and to ensure that the Portal is in compliance with all applicable
legislative and regulatory requirements. The Portal is intended to be the primary
source for information in the County of Elgin community and a safe and trusted
public space for the free exchange of ideas. Material posted on the Portal is for
the benefit of the community as a whole. Public spaces are not meant for
promotion of commercial ventures or not-for-profit organizations, unless those
not-for-profit organizations are recognized Portal Members and are acting in their
capacity as Portal Members.
Access to certain information and/or services of the Portal requires completion of
the registration form and creation of an acceptable login name ("Login Name").
The Login Name cannot be changed once it has been created. During
registration You are required to give contact information for the purpose of
receiving notifications regarding the Agreement, the Privacy Agreement and
other Portal agreements and policies. Registered users cannot unsubscribe to
notices relating to the Agreement, the Privacy Agreement, other Portal
agreements and policies, or from other notices relating to important information
about the Portal. All information, including Your personal information, retained
during registration will be maintained in a profile ("User Profile"). Refusal to
consent to the collection, use and disclosure of Your personal information when it
has been requested will limit Your access to certain Portal sites and services.
You are hereby advised to refer to the Privacy Policy for a more detailed account
of Your rights and obligations regarding the collection and use of Your personal
information.
Any and all information, product names, company names, domain names, trade-
marks or trade names, patents, copyrights, or other proprietary rights (whether or
not registered), reports, web pages, graphics, data, databases, files, multimedia,
software or content as used in or accessed through the Portal, including the
manner in which the information is presented or appears and all information
relating thereto (the "Content"), are the property of their respective owners (as
indicated on the Portal), the County or its licensors.
You are solely responsible for Your own retrieval and use of the Content,
transactions, products and services available on or through the Portal. You
should apply your own judgment in making any use of the Content, including,
without limitation, the use of the Content as the basis for any conclusions or for
the sale or purchase of any products or services or other transactions.
YOU ARE SOLELY RESPONSIBLE FOR THE PREPARATION, PRODUCTION,
SUBMISSION AND ALL OTHER ASPECTS OF ANY CONTENT YOU PROVIDE
TO THE PORTAL.
YOU HEREBY AGREE TO INDEMNIFY THE COUNTY, ITS DIRECTORS,
OFFICIALS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS,
CONTRACTORS, AGENTS, PORTAL MEMBERS, CHANNEL MANAGERS,
LICENSORS AND AUTHORIZED REPRESENTATIVES IN RESPECT OF:
(a) ANY CLAIM, EXPENSE, ACTION, CAUSE OF ACTION OR DAMAGES
("CLAIMS") CAUSED BY YOUR ACCESS OF THE PORTAL, INCLUDING,
WITHOUT LIMITATION, CLAIMS RELATING TO AN INJURY TO PERSONS OR
PROPERTY; OR
(b) ANY CLAIMS ARISING FROM NEGLIGENT OR INTENTIONAL ACT OR
OMISSION BY YOU; OR
(c) ANY CLAIMS RELATING TO NON-COMPLIANCE WITH APPLICABLE
LAWS BY YOU; OR
(d) ANY CLAIMS RELATING TO AN ERRONEOUS, FAILED OR ABORTED
ACTION OR TRANSACTION CAUSED BY YOU; OR
(e) ANY CLAIMS RELATING TO THE INFRINGEMENT OF THE
INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY CAUSED
BY YOU; OR
(f) ANY CLAIMS ARISING IN ANY WAY FROM THE PROVISION AND/OR
ACCESS OF YOUR CONTENT.
IN ORDER TO PROMOTE THE FREE EXCHANGE OF IDEAS AND
INFORMATION, THE VIEWS AND OPINIONS EXPRESSED ON THE PORTAL
DO NOT NECESSARILY REFLECT THOSE OF THE COUNTY OF ELGIN AND
ACCORDINGLY THE COUNTY OF ELGIN CANNOT BE HELD RESPONSIBLE
FOR THE VIEWS AND OPINIONS EXPRESSED ON THE PORTAL."
REFERENCES, LINKS, HYPERLlNKS AND ADVERTISING CONTAINED ON
THE PORTAL THAT DIRECT YOU TO ANY THIRD PARTY SITE ARE NOT
APPROVAL, ENDORSEMENTS, OR SUPPORT FOR THE THIRD PARTY OR
THE THIRD PARTY'S GOODS AND/OR SERVICES. IN ADDITION, THE
COUNTY IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF
ANY NON-PORTAL SITES, NOR DOES THE COUNTY ENDORSE, WARRANT
OR GUARANTEE THE PRODUCTS, SERVICES OR INFORMATION
DESCRIBED OR OFFERED AT NON-PORTAL INTERNET SITES.
NO CONTENT INCLUDING ALL DATA, MATERIAL AND INFORMATION
CONTAINED ON THE PORTAL IS GUARANTEED TO BE CURRENT,
ACCURATE, COMPLETE, ERROR FREE OR UNTAMPERED AND ALL
CONTENT IS SUBJECT TO CHANGE WITHOUT NOTICE. IN ADDITION, THE
COUNTY CANNOT BE HELD RESPONSIBLE FOR SERVER, HARDWARE,
SOFTWARE, INTERNET TRANSMISSION, MONITOR SETTINGS, WEB-SITE
DESIGN AND CONSTRUCTION THAT PRODUCES INCOMPLETE OR
INACCURATE DATA, MATERIAL AND INFORMATION THAT MAY BE
RECEIVED AND/OR DISPLAYED ON THE USER'S INTERNET BROWSER.
THE PORTAL AND THE COUNTY DO NOT INTEND TO PROVIDE INDIVIDUAL
SPECIFIC ADVICE INCLUDING, BUT NOT LIMITED TO, MEDICAL,
INVESTMENT, FINANCIAL, LEGAL, ACCOUNTING AND/OR TAX ADVICE.
THE COUNTY RECOMMENDS THAT YOU CONSULT WITH YOUR OWN
PROFESSIONAL ADVISOR(S) WITH RESPECT TO YOUR PARTICULAR
CIRCUMSTANCES.
EXCEPT AS EXPLICITLY PROVIDED HEREIN, THE COUNTY MAKES NO
REPRESENTATIONS AND WARRANTIES. EXCEPT AS MAY BE REQUIRED
BY APPLICABLE LAW, THE COUNTY, ITS DIRECTORS, OFFICERS,
OFFICIALS, EMPLOYEES, SERVICE PROVIDERS, CONTRACTORS,
AGENTS, PORTAL MEMBERS, CHANNEL MANAGERS, LICENSORS AND
AUTHORIZED REPRESENTATIVES (EACH, A "PORTAL PARTY" AND
COLLECTIVELY, THE "PORTAL PARTIES") MAKE NO REPRESENTATIONS,
WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED. THE
PORTAL PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS,
BE THEY UNDER COMMON LAW, AT EQUITY OR UNDER STATUTE,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (A)
WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE
PORTAL WILL BE UNINTERRUPTED OR ERROR-FREE; (B) WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, WORKMANLIKE EFFORT, ACCURACY, NO ENCUMBRANCES,
NO LIENS AND NON-INFRINGEMENT; AND (C) WARRANTIES OR
CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF
TRADE.
IN NO EVENT WILL ANY PORTAL PARTY BE LIABLE FOR ANY DAMAGES,
INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL,
SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED
ON, OR RESULTING FROM THE AGREEMENT OR YOUR USE OF THE
PORTAL OR RELATING TO ANY CONTENT YOU HAVE PROVIDED, EVEN IF
SUCH PORTAL PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANY CAUSE
OF ACTION INCLUDING BUT NOT LIMITED TO DAMAGES THAT ARISE
FROM: (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, OR (C)
NEGLIGENCE, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE
NOT PROHIBITED BY APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE PORTAL, DO NOT AGREE WITH ANY
PART OF THE AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM
WITH OR AGAINST ANY PORTAL PARTY WITH RESPECT TO THE
AGREEMENT OR THE PORTAL, THEN YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PORTAL.
THE PORTAL PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR: (A) ANY
CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING,
INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE,
DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (B) ANY THIRD
PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT
LIMITING THE GENERALITY OF THE ABOVE, THE PORTAL PARTIES ARE
NOT RESPONSIBLE OR LIABLE FOR (A) ANY VIRUSES OR OTHER
DISABLING FEATURES THAT AFFECT YOU OR YOUR ACCESS TO OR USE
OF THE PORTAL; (B) ANY INCOMPATIBILITY BETWEEN THE PORTAL AND
OTHER INTERNET SITES, SERVICES, SOFTWARE AND HARDWARE, (C)
ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING,
CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTION
IN CONNECTION WITH THE PORTAL IN AN ACCURATE OR TIMELY
MANNER.
THE LIMITATIONS CONTAINED IN THE AGREEMENT ARE NOT INTENDED
TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS THAT ARE
PROVIDED TO YOU UNDER ANY APPLICABLE LAW.
You hereby agree to comply with all security procedures and maintain suitable
virus protection software.
If You are a Content provider, You are the sole source of information and are
responsible for the provision and contribution of Your Content. You hereby grant
the County an irrevocable, royalty-free, perpetual license to have, use and
sublicense the Content that You contribute or provide to the Portal as the County,
in its sole discretion, deems necessary. Except for the grant of this license to the
County, nothing in the Agreement constitutes a transfer of ownership of the
Content from its rightful owner to another party. If Your Content belongs to
another party, You are responsible for obtaining all necessary consents,
assignments and licenses in order for You to comply with the Agreement. Unless
prior written permission is obtained from the County, the Content's owner and the
County's licensors, You may not reproduce, publish, copy, link to, frame, tag,
embed, merge, modify, recompile, license, distribute, sell, store in an electronic
retrieval system, download (except by the browser of a single user) or transmit, in
whole or in part, in any form or by any means whatsoever, be they physical,
electronic or otherwise, the Portal and/or the Content.
You hereby agree that You will not provide, contribute or produce any illegal,
immoral or otherwise inappropriate Content on the Portal. You hereby
acknowledge and agree that the County or its authorized representatives
reserves the right to remove any Content that You have provided to the Portal.
The County or its authorized representatives hereby reserve the right to review
Content that has been subject to a concern and may temporarily or permanently
remove Content for this purpose.
You hereby agree that You will not partake in illegal, immoral or otherwise
inappropriate conduct on the Portal. You hereby acknowledge that the County
reserves the right to terminate Your access to the Portal for partaking in such
conduct.
You expressly agree to contact portalinfo@elgin-county.on.ca to report any and
all illegal, immoral or otherwise inappropriate conduct or Content that You come
across on the Portal. The County hereby reserves the right to review Content that
has been subject to a concern and may temporarily or permanently remove
Content for this purpose.
The Portal is physically located on a server in Ontario, Canada. The Agreement
is governed by the laws of the Province of Ontario and the federal laws of
Canada applicable therein. You hereby agree to have your disputes resolved in
accordance with the Portal dispute resolution policy.
Further, You irrevocably and unconditionally attorn to the jurisdiction of the courts
of the Province of Ontario located in the County of Elgin and courts competent to
hear appeals therefrom. Except in those cases that are specifically prohibited by
law, You agree to waive any right You may have to: (i) trial by jury; and (ii)
commence or participate in any class action against the County relating to the
Portal, the Content, or other services or products provided through the Portal or
the Agreement and, where applicable, You also agree to opt out of any class
proceedings against the County or its licensors.
The parties have required that the Agreement and all documents relating hereto
be drawn up in English. Les parties ont demande que cette convention ainsi que
tous les documents qui s'y rattachent soient rediges en anglais.
The Agreement may be amended from time to time in accordance with these
terms and any other policies and agreements of the County. The County
reserves the right, in its discretion, to amend the Agreement at any time by
posting amendments on the Portal or by providing You with such other notice as
may be legally required. You are responsible for periodically reviewing the
amendments on the Portal and You are deemed to have accepted and agreed to
such amendments by accessing and using the Portal after such amendments
have been posted. If You do not agree with the amendments to the Agreement,
You shall immediately stop accessing and using the Portal. No supplement,
modification or amendment to the Agreement and no waiver of any of the
provisions of the Agreement shall be binding on the County unless agreed to by
the County. No waiver of any of the provisions of the Agreement shall be deemed
or shall constitute a waiver of any other provision (whether or not similar) nor
shall such waiver constitute a continuing waiver unless otherwise expressly
provided.
Any provision of the Agreement which is held to be invalid, illegal or
unenforceable by a court of competent jurisdiction shall, as to that jurisdiction, be
ineffective to the extent of such prohibition or unenforceability and shall be
severed from the balance of the Agreement, all without affecting the remaining
provisions of the Agreement or affecting the validity, legality or enforceability of
such provision in any other jurisdiction. The County shall have the right to assign
the Agreement. You shall not assign the Agreement or any rights or obligations
hereunder, in whole or in part, except with the prior written consent of the
County, which consent may not be unreasonably withheld.
YOU AGREE WITH AND ACCEPT THE TERMS OF THE AGREEMENT AND
INTEND TO BE LEGALLY BOUND BY THEM BY ACCESSING AND USING
THE PORTAL. IF YOU DO NOT AGREE WITH THE TERMS OF THE
AGREEMENT, PLEASE EXIT THE PORTAL NOW.
County of Elgin Website Privacy Policy
I. POLICY STATEMENT
The Corporation of the County of Elgin is committed to ensuring that its departments,
offices, boards, and councilors adhere to the privacy protection provisions of the
Municipal Freedom of Information and Protection of Privacy Act (http://www.e-
laws.gov.on.ca/DBLaws/Statutes/English/90m56_e.htm#BK41) in the operation of their
websites.
The Corporation of the County of Elgin will demonstrate this commitment through the
publication in clear language of a Website Privacy Policy Statement that will be made
available on all County of Elgin websites.
II. DEFINITIONS
DATA SUBJECT: The individual about whom information is collected.
PERSONAL INFORMATION: Personal information is defined in the Municipal Freedom
of Information and Protection of Privacy Act.
a) information relating to the race, national or ethnic origin, colour,
religion, age, sex, sexual orientation or marital or family status of the
individual,
b) information relating to the education or the medical, psychiatric,
psychological, criminal or employment history of the individual or
information relating to financial transactions in which the individual has
been involved,
c) any identifying number, symbol or other particular assigned to the
individual,
d) the address, telephone number, fingerprints or blood type of the
individual,
e) the personal opinions or views of the individual except where they
relate to another individual,
f) correspondence sent to an institution by the individual that is implicitly
or explicitly of a private or confidential nature, and replies to that
correspondence that would reveal the contents of the original
correspondence,
g) the views or opinions of another individual about the individual, and
h) the individual's name where it appears with other personal information
relating to the individual or where the disclosure of the name would
reveal other personal information about the individual;
("renseignements personnels")
SERVER LOGS: Web server logs are lists of all requests made to the server, including
some identifying information about the requestor such as Internet protocol address.
WEB SERVER: A computer that provides World Wide Web services on the Internet or
on an intranet. It will have an Internet protocol address (e.g., 198.34.21.65) and usually a
domain name (e.g., www.elgin-county.on.ca).ltincludes the hardware, operating
system, web server software, communications protocols and the website content (web
pages). It will have software that can manage and deliver documents and it may be able
to operate additional software that can provide such functions as database searches or
commercial transactions.
WEBSITE/PORTAL: A site (location) on the World Wide Web usually operated 24 hours
a day and 7 days a week.
III. POLICY OBJECTIVES
The policy is designed to:
A. Ensure that the County of Elgin meets its legislated obligations in the collection,
use, and disclosure of personal information obtained through County of Elgin
websites only as authorized by law; and
B. Assure the public that The County of Elgin protects personal information
collected through County of Elgin websites, including having adequate security in
place.
IV. APPLICATION
The Policy applies to all websites operated by the County of Elgin
V. POLICY DIRECTIVES
A. As of August 1, 2007, pages on County of Elgin websites will provide a
connection to the official government Website Privacy Policy Statement. The
connection may be a direct link or it may be through a departmental
supplementary privacy policy page, which is subject to the County of Elgin
Website Privacy Policy. Certain pages are exempt:
1. A series of pages where access to the series requires a login. In that
instance, the connection must be prominently displayed on the login
page;
2. Pages that are purely graphic. For example, a photo from an archive; and
3. Pages in a format primarily intended to be printed out before reading that
cannot be used to submit personal information through the website.
B. County of Elgin websites will only collect personal information where authorized
by law and where notification of such collection and the intended use and
disclosure of the information is prominently displayed at the initial point of
collection.
C. Personal information obtained through County of Elgin websites or other means,
including server log information, will only be made publicly or commercially
available directly or through service providers with the explicit consent of the data
subject or as permitted by law.
D. Other use and disclosure of personal information collected under Directives B &
C above is prohibited without the explicit consent of the data subject or as
permitted by law.
E. Unsolicited personal information sent to the County of Elgin through a County of
Elgin website will be governed by the provisions of the Freedom of Information
and Protection of Privacy Act.
F. County of Elgin websites will use a secure connection or other protective
measures, where possible, during transmission of personal information to or from
the website unless such information is authorized to be publicly available.
G. All personal information obtained through County of Elgin websites will be treated
in accordance with normal County of Elgin security policies, retention policies,
rules, and procedures for dealing with personal information.
H. In the event of identified unauthorized access to personal information by a
member of the public or inappropriate release of personal information into the
public domain involving County of Elgin websites, County of Elgin staff will follow
guidelines for dealing with these situations.
I. County of Elgin websites may require contact information when collecting
personal information, so that if the County of Elgin needs to communicate with
the individual, it can.
J. All County of Elgin websites will provide information on how visitors can obtain
access to their personal information collected at that site.
K. Individuals who have submitted personal information to a County of Elgin website
are entitled to access that information and request corrections or amendments.
The request itself will be recorded even if the changes requested are not
accepted.
L. Personal information will not knowingly be collected from children without the
consent of a parent or guardian except where authorized by law.
M. Personal information about children will not be published on County of Elgin
websites without the consent of a parent or guardian except where authorized by
law. However, even where such requirements are met, developers are advised to
err on the side of caution because of the special privacy concerns that surround
communications with children and the personal information of children.
N. County of Elgin webservers will not be used to store unsecured personal
information.
O. County of Elgin websites may collect and use information about website visits,
including webserver log information, for statistical purposes. This information will
be compiled and used in a way such that individuals cannot be identified.
VI. POLICY GUIDELINES
A. When personal information is collected through a County of Elgin website,
consent for further use or disclosure of that information must be expressly given.
B. It is strongly recommended that when personal information is collected through a
County of Elgin website, except what is contained in server log information, that
personal information should be immediately transferred to a computer that is
within the County of Elgin secure periphery (Le., inside the government firewall or
a similar secure location).
C. The County of Elgin has an obligation to protect against inappropriate access to
and use of the personal information it collects. Therefore, unrestricted
anonymous access to databases of publicly available personal information is not
recommended. Before undertaking any initiative that will involve anonymous
access to such databases the proposal should be discussed fully with the
Information Technology department at the County of Elgin.
D. County of Elgin website developers should consult with the Director of
Information Technology, County of Elgin for direction and advice on the
appropriate treatment of County of Elgin records that may be created or
accessed through County of Elgin websites.
VII. ACCOUNTABILITY
A. The Director of Information Technology at the County of Elgin is responsible for
administering the Policy, and for issuing instructions to ensure implementation of
the Policy including, but not limited to, the following:
1. Informing employees of the requirements of the Policy and ensuring
compliance.
2. Providing avenues for individuals to communicate concerns about
personal privacy related to County of Elgin websites.
B. The department of Information Technology, the County of Elgin is responsible for
the creation and maintenance of the official County of Elgin Website Privacy
Policy Statement page.
VIII. MONITORING
The Department of Information Technology, the County of Elgin is responsible for
monitoring the policy.
County of Elgin Website Privacy Policy
Statement
Basic Statement
County of Elgin websites are covered by the Municipal Freedom of Information and
Protection of Privacy Act. Our privacy policy arises from that Act, other legislation, and
fair information practices.
What it means
On our websites, we collect personal information about you only when you explicitly
provide it. We protect the personal information given to us when you fill out a form. We
have implemented a variety of security measures to ensure that your personal
information is not lost, misused, altered, or unintentionally destroyed.
What do we mean by personal information?
By "personal information" we mean any information about you as an identifiable
individual including your name, an identifying number such as your driver's licence
number, your birth date, your email address, or your credit card information. (For other
examples, see: Municipal Freedom of Information and Protection of Privacy Act, section
2(1))
What we don't do
We do not provide personal information gathered on the websites to third parties except
with your express permission or as permitted by law. (For example, see: Municipal
Freedom of Information and Protection of Privacy Act, section 31, 32, 33)
What we might do
We may release or use your personal information provided on the websites for the
purpose for which it was provided or for a compatible purpose. We may also do so if we
are permitted under law, such as under a subpoena. This may include sharing
information within the County of Elgin when it is necessary. (For example, see: Municipal
Freedom of Information and Protection of Privacy Act, sections 31 & 32)
Access to your information
You are entitled to correct any personal information gathered through the websites that
we hold about you. If you want to correct your personal information, there will be an
appropriate contact listed for you to direct enquiries. If no contact is identified, then you
should contact the webmaster of the relevant site. (For example, see: Municipal
Freedom of Information and Protection of Privacy Act, section 36)
Do we use cookies or tracking devices?
County of Elgin websites may use cookies or tracking devices during your visit to our
website. Information gathered by these technologies will disappear once you leave the
website unless there is notice to the contrary on the website.
Server Logs
Government web servers automatically collect some information about a visitor's
computer or other access device, such as its Internet protocol address or browser
version, in their logs. This information is used in aggregate form for statistical purposes
only
Dispute Resolution Process
A. Community Portal Advisory Committee (CPAC)
Where a dispute arises with respect to a matter involving the elginconnects.ca
Community Portal, or the agreements between a party and the County of Elgin
("County") involving the elginconnects.ca Community Portal, excluding any
disputes related to privacy of issues, the elginconnects.ca Community Portal
Advisory Committee ("Advisory Committee") shall decide the matter in keeping
with its terms of reference and applicable law.
Where a party has a dispute that it desires to escalate to the Advisory
Committee, it shall submit a written notice, containing a description of the matter
in reasonable detail, to the Advisory Committee for evaluation. The Advisory
Committee shall inform the other party named in the notice of the aggrieved
party's allegations and shall render a decision within 30 calendar days of receipt
of the notice.
Where the Advisory Committee requires guidance or input, it shall request
assistance from the Director of Information Technology and/or the Chief
Administrative Officer.
B. Appeal
(i) Subject to section B(ii) below, the parties to the dispute shall be entitled to
appeal any decision of the Advisory Committee, within 30 calendar days of
the Advisory Committee's decision, to the County of Elgin's Chief Administrative
Officer ("CAO"). The CAO shall inform the other party named in the appeal notice
of the appeal and shall render a written decision on the dispute within 30
calendar days of the CAO's receipt of the appeal notice. The decision of the CAO
with respect to that matter shall be final and binding and there shall be no further
right of appeal.
(ii) Where the County is a party to a dispute, any appeal of any decision of
the Advisory Committee shall be decided by an independent arbitrator, whose
decision with respect to the matter shall be final and binding and there shall be
no further right of appeal. In such situation the parties to the dispute shall be
entitled to appeal any decision of the Advisory Committee by delivering an
appeal notice to the other party(ies) to the dispute. The parties to the dispute
shall agree upon a single arbitrator to decide the matter. The parties to the
arbitration shall each pay its own cost of the arbitration, including all witness and
counsel fees, and shall equally share the arbitrator's fee. The arbitration shall
take place in St. Thomas, Ontario unless otherwise agreed. The arbitrator shall
render a written decision on the dispute within 30 calendar days of the hearing of
the matter. The arbitration shall be otherwise in accordance with the Arbitration
Act, 1991, S.O. 1991, c.17.
REPORT TO COUNTY COUNCIL
FROM:
Harley Underhill, Director of Human Resources
DATE:
May 31, 2007
SUBJECT: Total Compensation Review (Wages, Benefits, Vacation etc.)
Corporate Goal(s) Referenced:
To be recognized as a desired employer.
To recognize and seize opportunities for improvement.
INTRODUCTION
In keeping with established policy and in order to remain competitive in the
marketplace, a total compensation review should be conducted. This review
applies to non-union staff, council and outside boards and committees.
Unionized employees utilize the collective bargaining process to ensure
competitiveness. In addition, a resolution was passed in 2005 agreeing to review
the stipend of the County's Land Division Committee in 2007 and at the April 10,
2007 Council meeting staff were directed to obtain additional information in
relation to vacations and bereavement leaves. Furthermore, the wage rates for
non-union staff at the City of St. Thomas, our closest comparator, have been
recently adjusted to reflect market conditions. In an effort to attract and retain a
skilled and professional workforce, external equity comparisons are necessary.
DISCUSSION:
In December of 2002, Council approved the recommendations from the
Management Team to review total compensation to ensure that appropriate
benchmarks were used to assess responsibilities for the non union staff. The
report also addressed a complete review to be done no less than once in every
three years. Council subsequently retained the firm of Gazda, Houlne &
Associates to conduct the review and a report was approved by Council the
results of which were implemented in April 2004.
Staff has contacted the firm of Gazda, Houlne and Associates to determine their
interest in conducting an update to the last report and the cost of such an
undertaking plus a review of Council and outside boards and committees and the
cost for this as well. The firm has quoted $13,685 plus GST for the non union
review and $8,800 plus GST for the Council and outside boards and committees
C:\Documents and Settings\mmcdonald\My Documents\Houlne Salary Review 2007-2.doc
review. A survey was carried out with other counties to determine the costs of
similar reviews and fees upwards of $30,000 were normal.
There is a second option being proposed for non union positions and a reduced
rate for Council, outside boards and committees that being an annual participant
in the Compensation and Organization Survey of Counties. The annual cost to be
a participant is $5,100 plus GST and this rate would be held for the four year
term of council plus a reduced rate of $5865 plus GST for the Council, outside
boards and committee review.
The participation in the compensation and organization survey of counties
proposal provides current information on an annual basis and with the reduced
rate for the Council, outside boards and committee review the costs are less than
the one time review to be completed on the three year cycle. Therefore, the
Gazda, Houlne and Associates quotation to be a participant in the annual non
union survey with the reduced rate for the Council, outside boards and committee
review is being recommended.
It is further recommended that because of the established relationship and
current data base held by the firm, that provided costs do not exceed the
accumulated rate of inflation, Gazda, Houlne and Associates be retained to
conduct these regular reviews.
Proposal costs summary following the approved three year review cycle:
One time costs for 2007
$13,685 + $8,800 = $22,485
Annual review for Non Union +
Council and outside boards once in
the Council term
($5,100 x 3) + $5,865 = $21,165
Council previously set aside $25,000 from the 2006 surplus for this purpose.
Therefore the quotation is within approved budgetary limits.
CONCLUSION:
A compensation review for council, outside boards and non-union staff is being
recommended to remain competitive in the market place, to keep pace with other
jurisdictions of similar size and responsibility and to ensure that regular reviews
are conducted in a timely manner to avoid large spikes in potential adjustments.
Due to a previously established relationship, staff was able to secure a
favourable quotation from a reputable firm. It is further recommended that the
County become a participant in the annual Compensation and Organization
Survey of Counties for non union staff and a review of Council, outside boards
and committees of this nature occur automatically once in every council term.
If any adjustments to compensation levels are necessary as a result of this
review, it is recommended that those adjustments be made in 2008.
C:\Documents and Settings\mmcdonald\My Documents\Houlne Salary Review 2007-2.doc
Recommendation:
That the County of Elgin become a participant in the annual Compensation and
Organization Survey of Counties with the firm of Gazda, Houlne and Associates
at an annual fee of $5100.00 plus GST for the years of 2007 through 2009 .; and,
That the firm of Gazda, Houlne and Associates Incorporated be retained to
conduct a review of Council and outside boards remuneration at a cost of
$5865.00 plus GST. ; and,
That staff be directed to ensure said compensation review of Council and outside
boards is conducted once in every term of Council to remain competitive and to
avoid potential spikes/gaps in compensation practices; and further,
That the firm of Gazda, Houlne and Associates Incorporated be retained to carry
out said reviews provided their original quotation is not exceeded by the rate of
inflation accumulated since the adoption of this review; and further,
That this current review be funded from the previously approved 2006 surplus
allocation and that compensation adjustments, if any, be implemented in 2008.
Respectfully Submitted
Approved for Submission
ve Officer
C:\Documents and Settings\mmcdonald\My Documents\Houlne Salary Review 2007-2.doc
REPORT TO COUNTY COUNCIL
FROM:
Linda B. Veger, Director of Financial Services
DATE:
May 28, 2007
SUBJECT:
Budget Comparison - April 30, 2007
Corporate Goal Referenced:
To ensure fiscal responsibility and accountability.
Introduction:
Attached is the budget comparison to April 30, 2007 for the County operating departments.
Discussion:
The departmental totals are reasonable for the fourth month of the year. Wage and benefit
lines will be very close to the budgeted amount by year end. It is still early in the year to
see any trends.
The ben~fit lines are over budget in a number of departments. As the year progresses and
senior staff reach the maximums for canada pension and employment insurance
premiums, those over expenditures will decrease.
Overall the three Homes are in a positive position. The increases in revenues will start
flowing in April. The Homes will receive approximately $70,500 more in total from the
Province than anticipated starting April 1, 2007. There has been an overcharge of
approximately $30,000 in utilities for Terrace Lodge. The exact amount will be calculated
and the overcharge rectified shortly.
Provincial Offences - 121,299 - revenues higher, showing the increase from 401 fines.
The first payment to the municipalities will be made in early July.
The capital budget comparison is also included for your review.
Recommendation:
THAT the report titled Budget Comparison - April 30, 2007 and dated May 28, 2007 be
received and filed.
Respectfully Submitted
or~#
Linda B. Veger
Director of Financial Services
Mark G. Mc
Chief Administrative Officer
COUNTY OF ELGIN
Departmental Budget
Comparisons
For The 4 Periods Ending April 30, 2007
Total YTD YTD Variance %OF
Budget Budget Actual 0 Budget
Warden & Council
Wages 178,520 59,507 59,505 2
Benefits 8,000 2,667 2,453 213
Operations 72,000 29,833 32,326 (2,493)
Total 258,520 92,007 94,285 (2,278) 36.47%
Administrative Services
Wages 270,450 83,840 82,972 867
Benefits 59,500 18,445 21,944 (3,499)
Operations 15,600 5,200 8,120 (2,920)
Total 345,550 107,485 113,036 (5,551 ) 32.71%
Financial Services
Wages 305,968 96,564 96,690 (127)
Benefits 73,891 23,320 25,566 (2,246)
Operations 16,200 5,400 5,338 62
Total 396,059 125,284 127,594 (2,311 ) 32.22%
Human Resources
Wages 320,000 99,200 98,204 996
Benefits 85,200 26,889 24,291 2,598
Operations 16,800 5,600 7,114 (1,514)
Total 422,000 131,689 129,608 2,081 30.71%
Administration Building
Wages 180,000 55,800 53,219 2,581
Benefits 45,000 13,950 11,922 2,028
Operations 96,500 34,972 17,789 17,182
Total 321,500 104,722 82,930 21,792 25.79%
Corporate Expenditures
Insurance 263,500 238,245 225,617 12,628
Telephone 30,000 10,000 10,685 (685)
Legal & Professional 95,000 31,667 47,793 (16,126)
Retiree Benefits 25,000 8,333 6,197 2,136
Other Expenditures 87,990 29,330 16,585 12,745
Total 501,490 317,575 306,876 10,699 61.19%
Engineering
Wages 259,000 80,290 78,422 1,868
Benefits 59,000 18,290 20,945 (2,655)
Operations 80,100 26,700 21 ,236 5,464
Maintenance 2,586,850 1,295,925 1,289,922 6,003
Total 2,984,950 1,421,205 1,410,525 10,681 47.25%
Agriculture
Fees Revenue 0 0 0 0
Operations 32,953 8,288 7,462 827
Total 32,953 8,288 7,462 827 22.64%
Elgin Manor
Revenues (4,585,470) (1,528,490) (1,513,755) (14,735)
Wages 4,106,768 1,273,098 1,272,710 388
Benefits 1,032,002 319,921 354,027 (34,106)
Operations 969,361 327,787 154,235 173,552
Total 1,522,661 392,316 267,217 125,098 17.55%
Terrace lodge
Revenues (5,172,542) (1,724,181) (1,695,494) (28,687)
Wages 4,093,056 1,316,157 1,362,918 (46,761 )
Benefits 1,166,521 375,105 402,119 (27,014)
Operations 982,404 332,468 315,443 17,025
Total 1,069,439 299,549 384,986 (85,437) 36.00%
Bobier Villa
Revenues (2,927,060) (975,687) (963,050) (12,637)
Wages 2,883,810 893,981 873,882 20,099
Benefits 723,980 224,434 215,072 9,362
Operations 718,602 242,867 179,633 63,234
Total 1,399,332 385,596 305,537 80,059 21.83%
Museum
Wages 84,681 26,344 15,808 10,537
Benefits 20,977 6,503 4,269 2,234
Operations 25,300 8,433 24,367 (15,934)
Total 130,958 41,281 44,443 (3,163) 33.94%
Library
Wages 1,108,648 344,031 353,017 (8,986)
Benefits 267,944 83,063 86,419 (3,356)
Collections 239,500 79,833 84,146 (4,312)
Operations 243,173 81,058 (126,872) 207,930
Total 1,859,265 587,984 396,709 191,275 21.34%
Archives
Wages 85,358 26,461 33,540 (7,079)
Benefits 22,193 6,880 8,961 (2,081)
Operations 51,800 17,267 9,937 7,330
Total 159,351 50,608 52,438 (1,830) 32.91 %
land Division
Wages 57,640 18,242 18,105 136
Benefits 9,610 2,992 3,669 (677)
Operations (67,250) (22,417) (21,797) (620)
Total 0 (1,183) (23) (1,160) 0.00%
Emergency Measures
Wages 5,300 1,643 1,643 0
Benefits 1,375 426 426 0
Operations 9,000 3,000 2,888 112
Total 15,675 5,069 4,957 112 31.62%
Information Technologies
Wages 197,525 61 ,233 63,056 (1,823)
Benefits 49,381 15,308 16,924 (1,616)
Operations 299,749 99,916 72,746 27,171
Total 546,655 176,457 152,726 23,731 27.94%
Provincial Offences
Grant (75,045) (25,015) (22,154) (2,861 )
Fines Revenues (700,000) (233,333) (354,632) 121,299
Shared Revenues - Municipal 381,655 0 0 0
Wages 146,275 45,345 46,114 (769)
Benefits 32,200 9,982 12,145 (2,163)
Operations 185,975 54,925 17,478 37,447
Total (28,940) (148,096) (301,049) 152,953 1040.25%
Ambulance Services
Province of Ontario (3,097,692) (1,032,564) (1,044,247) 11,683
City of St. Thomas (1,476,139) (492,046) (448,502) (43,544)
Contractor Payments 6,590,990 2,196,997 2,094,820 102,177
Wages 67,817 21,023 21,609 (585)
Benefits 17,972 5,571 5,765 (193)
Operations 35,300 11,767 9,020 2,747
Total 2,138,248 710,748 638,464 72,284 29.86%
Collections
Revenue (305,000) (101,667) (112,235) 10,568
Shared Revenues - Municipal 147,919 0 0 0
Wages 47,520 14,731 14,734 (3)
Benefits 12,545 3,889 4,115 (226)
Operations 34,300 11 ,433 4,986 6,447
Total (62,716) (71,613) (88,399) 16,786 140.95%
Economic Development
Grants (90,000) (30,000) 0 (30,000)
Wages 106,390 29,464 28,666 798
Benefits 18,260 5,661 6,728 (1,068)
Operations 127,200 42,400 3,303 39,097
Total 161,850 47,525 38,697 8,827 23.91 %
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REPORT TO COUNTY COUNCIL
FROM: Peter Dutchak, Manager of Road Infrastructure
DATE: May 23, 2007
SUBJECT: COMRIF - Asset Management Program (AMP)
Corporate Goals
To ensure fiscal responsibility and accountability,
To build and maintain an efficient, affordable, effective and safe transportation network
that accommodates the diverse needs of the communities and is able to support economic
development and sustainable growth.
Introduction
The County of Elgin has submitted an Expression of Interest (EOI) under the Canada-
Ontario Municipal Rural Infrastructure Fund (COMRIF) Asset Management Program (AMP).
The County's EOI has been reviewed by the COMRIF Joint Secretariat and approved to
receive $21,006 in funding.
Discussion:
The COMRIF Asset Management Program is intended to assist municipalities in increasing
their knowledge regarding the assets they have jurisdiction over so that the most cost
effective investment decisions are made for their infrastructure.
All municipalities eligible for COMRIF are also eligible to receive funding under AMP and
were invited to submit an EOI to COMRIF to receive an allotment of pre-calculated funds.
The County of Elgin's notional allocation under AMP was a maximum of $21,006. This
amount represents equal contributions from the federal and provincial governments and
the County of Elgin must contribute one-third of the total project costs to secure the
maximum amount. Therefore, the County's AMP project was approved in the total amount
of $31,509 representing a $10,503 contribution from the County of Elgin, the Province of
Ontario and the Government of Canada respectively.
The County of Elgin's successful AMP project will primarily target the inspection and
valuation stages of asset management. The County will migrate all of its road and bridge
data from hardcoPY information and other electronic databases into the Municipal Data
Works (MDW) asset management software solution. Once completed, the County will
review and update the data, to include the most recent condition information, assess its
life cycle stage and determine required improvements and timing as well as calculate asset
values for Public Sector Accounting Board (PSAB) requirements.
Staff intends to utilized the project funds to hire a consultant who specializes in
information technology, GIS and asset management to migrate the County's data and link
other relevant data to the MDW central repository.
Future stages of this initiative will see the County's assets geospatially referenced with
thematic mapping tied to data bases with asset information which may include: Teranet
property parcel data, aerial photography and capital planning.
As with other COMRIF initiatives, in order to secure approved funding, agreements must
be signed and a by-law passed designating the signing officers and authorizing the
execution of the Funding Agreement.
CONCLUSION:
The County of Elgin has been successful in securing funding through the COMRIF Asset
Management Program initiative. The County was approved to receive our maximum pre-
calculated notional allocation of $21,006 by investing our one-third share of $10,503 to
our project.
The County's AMP project will migrate asset information into the OGRA's MDW asset
management software, rate our asset condition and value them for PSAB requirements.
Future project initiatives will utilize Teranet parcel fabric and aerial photography to create
thematic mapping for asset management and capital planning.
RECOMMENDATION:
THAT the Warden and Chief Administrative Officer are authorized and directed to execute
the funding agreement for the County of Elgin's Asset Management Project under the
Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF) Asset Management Program
(AMP); and also,
THAT the County's one third contribution of the project in the amount of $10,503 be
allocated from the approved 2007 Capital Budget; and also,
THAT the necessary by-law be prepared.
RESPECT FULL Y SUBMIITED
~
Peter Dutchak
Manager of Road Infrastructure
APPROVED FOR SUBMISSION
(JM~ t/vs..
Clayton Watters
Director of .
Mark McDon
Chief Administrative Officer
REPORT TO COUNTY COUNCIL
FROM: Clayton Watters, Director of Engineering Services
DATE: May 14, 2007
SUBJECT: Asbestos - Regulation 278/05
CORPORATE GOALS
To recognize and seize opportunities for improvement.
INTRODUCTION:
The Ministry of Labour made significant improvements to Regulation 838 - Asbestos on
Construction Projects and in Building and Repair Operations. The new regulation Ontario
Regulation 278/05 replaced Regulation 838.
The new regulation is part of the Ontario government's "ongoing commitment to create
safer and heather workplaces, they have expanded protections based on the latest
scientific and technical knowledge about asbestos. The next step will be to introduce
worker training. The move comes as part of a government initiative to improve general
workplace heath and safety issues."
DISCUSSION:
Before introducing the new regulations the Ministry received more than 70 submissions
from a cross section of the asbestos abatement workers and industry. These groups
represented schools, municipalities, building owners and managers and members of the
public.
The new regulations will update safe work measures and procedures and enhance
respiratory protection for workers who may encounter asbestos in the course of work. The
key highlights of the new regulation include:
. A definition of 'asbestos containing material',
· Updating respiratory protection and re-classifying work procedures,
· Clarifying the duties of an owner to inspect for asbestos and the intent of the
asbestos management program,
· Introducing a requirement to provide advance written notice to the joint health and
safety committee, and,
· Provide new and updated requirements for: asbestos bulk sample analysis,
including no-friable asbestos in the asbestos management program, glove bag
requirements and procedures, use of negative air pressure to prevent air leakage of
dust that may contain asbestos and clearance air testing requirements.
Of importance in the new Ontario Regulation 278/05 for owners: Sections 8) the
requirement of the ongoing asbestos management in buildings, subsection 2 c) the owner
of a building knows or ought to reasonably to know that asbestos containing material has
been used in the building for any purpose related to the building, including insulation,
fireproofing and ceiling tiles. Since the County of Elgin meets the requirements of section
2 c) and therefore section 3) a) becomes in effect. Sections 3 a) states: prepare and keep
on the premises a record containing the information set out in subsection 4) which shall
locate the materials, whether the materials is friable or non-friable, in the case of friable
sprayed on material for each location, list if the material is containing asbestos and in any
other case the type and a statement that the material will be treated as through it
contained a type of asbestos other than chrysotile.
Friable asbestos materials are generally: sprayed thermal insulation, sprayed fireproofing,
sprayed decorative acoustic stipple finishes. These products would pulverize by crumbling
in the hands. Non-friable materials (manufactured products) would be: vinyl floor tiles,
vinyl sheet flooring, drywall joint compound, roof materials asbestos cement (transite),
gasketing, ceiling tiles, textile products, vermiculite, zoomlite.
CONCLUSION:
The Government of Ontario made changes to the legislation due to their ongoing
commitment to create safer and heather workplaces, which is due in part to the latest
scientific and technical knowledge about asbestos.
Ontario Regulation 278/05 became law on November 1, 2005 and gave all parties two
years to comply with the requirements. The Regulation states" the owner of a building
knows or ought reasonably to know that friable asbestos containing materials has been
used in the building for any purpose related to the building, including insulation and
fireproofing." Therefore, staff has allocated funds (totalling $70,000) within the approved
2007 Capital Budget to have five separate reports prepared for the County buildings to
protect the interests of the County of Elgin, our employees and public who use these
facilities.
RECOMMENDATION:
To be received and filed.
Respectfully Submitted
Ol?WA ilw'~
Clayton Watters
Director, Engineering Services
Mark
Chief Administrative Officer
REPORT TO COUNTY COUNCIL
FROM: Clayton Watters, Director of Engineering Services
DATE: May 31, 2007
SUBJECT: Consolidation By-Law
CORPORATE GOALS:
To recognize and seize opportunities for improvement.
INTRODUCTION:
County road system by-laws serve to identify the road system and to give authority to the
county to operate and maintain it. These by-laws generally exist in three forms;
establishing by-laws, amending by-laws, and consolidating by-laws. Consolidating these
annual changes is a means of "housekeeping".
DISCUSSION I CONCLUSION:
Establishing by-laws serve to designate a new system of roads. Amending by-laws serve
to update the establishing by-law with additions and deletions. When the number of
amending by-laws make an accurate description of the existing county road system
difficult, it is desirable to consolidate the amendments and the original schedule by
passing a consolidating by-law.
On January 24, 2006, County Council passed a road consolidating by-law for the Elgin
County road system (which replaced the previous consolidating By-Law from 1999). Since
the last amending By-Law, many land transfers have taken place and roads have been
assumed.
It would be prudent to update the County of Elgin Road system by creating an amending
by-law. 24 amended plans of roads, many of which required very small adjustments (eg.
17ft road allowance widening), require updating. These plans along with a cover page
and a table of contents will form Schedule 'A' of the proposed amending by-law 07-16.
RECOMMENDATION:
THAT the Warden and the Chief Administrative Officer be authorized to sign the amending
By-Law, known as By-Law No. 07-16 to the Elgin County Road System.
Respectfully Submitted
Approved fo
. sion
6lMJ"ifMi,
Clayton D. Watters
Director of Engineering Services
Mark G.
Chief Administrative Officer
REPORT TO COUNTY COUNCIL
FROM: Clayton Watters, Director of Engineering Services
DATE: May 14, 2007
SUBJECT: Renovations to the County Administration Building for Tourism and
Warden and Administrative Services
CORPORATE GOALS
To recognize and seize opportunities for improvement.
INTRODUCTION:
In January, Council considered a space needs report from administration. The report
addressed a number of challenges including the location of the new tourism office in
the County administration building, the location of the Warden's office away from the
C.A.O.'s office area and the scattered nature of departments and offices throughout the
building. Council subsequently directed staff to look at options to address these
challenges.
The most immediate consideration is that the Elgin - St. Thomas Tourism Association
has disbanded and the Tourism Officer will be relocating to the County of Elgin
Administration Building by January 1, 2008. Presently, "move in ready" space is not
available within the Administrative Services Department, therefore, renovations are
required.
DISCUSSION:
The Elgin - St. Thomas Tourism Association is presently located at the St. Thomas City
Hall and the Tourism Officer will be relocating to the County of Elgin Administration
Building. Renovating space for Tourism will be required before January 1, 2008.
Staff has reviewed the present locations within the building and several options do
exist. Staff believe the two most logical options are to either renovate space within the
Administrative Services Department for the Tourism office or to renovate space on the
third floor (south wing) of building.
Renovating space within the Administrative Services would provide a new office area
but it would not meet the accessibility needs of the Provincial Regulations. The space is
too small to accommodate the number of full time and part time staff along with the
necessary promotional materials in an inviting setting and to accommodate the general
public while meeting the accessibility requirements.
Staff, have been proposing to relocate all staff within the south wing of the
administration building, therefore, the unfinished area on the third floor is another
option. Unfortunately this area (2500 square feet) is too large for the tourism office or
even if the tourism and economic development offices were combined. Moreover, the
third floor is not the best location for the expected foot traffic the tourism and economic
develop office may generate. A ground floor location is preferred. Therefore, moving a
larger department to the third floor is a more suitable option. Of the departments that
could move the Administrative Services department is the most suitable.
This space could include the Warden's office. The Warden should have an office near
the Chief Administrative Officer, because of the obvious close working relationship.
Also, the Administrative Services department does not create the walk in traffic that it
once attracted. This is due to land division now residing with Engineering Services.
Finally, the office of the Ambulance and Emergency Management Coordinator could be
incorporated on this level thereby consolidating this service.
Therefore, the Warden's office and Administrative Services could move to a newly
renovated office on the third floor and Tourism and Economic Development could
remain on the first floor where Administrative Services now resides. This area would
provide ample space and accessibility for staff, displays and the general public without
renovation (only signage would be changed).
Renovations to the first floor would be minimal for the Economic Development and
Tourism offices, but the renovations on the third floor for the Warden's Office and
Administrative Services is estimated at $200,000 including office furnishings. A draft
floor plan is attached for council's consideration.
It should be noted that this proposal, while addressing some of the space needs
concerns, does not solve all of the issues. For example, Human Resources would still
remain at the opposite end of the building, Information Technology space would remain
tight and additional storage space would not be generated. However, these matters
could be addressed over time.
CONCLUSION:
The Elgin - St. Thomas Tourism Association has disbanded and the Tourism Officer will
be relocating to the Administration Building and suitable space is required. Suitable
space is available on the first floor if Administrative Services is relocated to the empty
space on the third floor. The present location of Administrative Services would provide
the best location and require minimal renovations. Realizing this option would then
require renovating the third floor for the Warden and Administrative Services to reside.
The costs for the renovations and office furnishings on the third floor are estimated at
$200,000. $150,000 has been set aside in a capital account for this purpose. The
additional $50,000 would be allocated from the Mill Rate Stabilization Reserve.
RECOMMENDATION:
THAT staff proceed with renovating the third floor for the Warden's office and the
Administrative Services department at an estimated cost of $200,000, the costs of
which shall be allocated from the previously established capital account ($150,000) with
the balance drawn from the Mill Rate Stabilization Reserve.
Respectfully Submitted
{f(}w h-h/r{
Clayton Watters
Director, Engineering Services
Mark Mc d
Chief Administrative Officer
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REPORT TO COUNTY COUNCIL
FROM: Cathy Bishop
Director of Cultural Services
DATE: May 28, 2007
SUBJECT: Student Volunteer Criminal Checks
CORPORATE GOAL(S) REFERENCED:
1. To forge community partnerships
2. To recognize and seize opportunities for improvement
3. To be recognized as a desirable employer
INTRODUCTION:
Council had asked staff to investigate the process and progress of student
volunteer criminal checks in the Elgin County branch libraries.
DISCUSSION:
It should be noted that Criminal Checks are provincially mandated for the Homes.
The following are exerts from Policy 3.40.1 Criminal Checks.
. It is the responsibility of the Corporation to ensure that when selecting
candidates for employment, or when utilizing volunteers or students, that
such persons are not a potential risk to the safety of persons under the
Corporation's care or to the assets of the Corporation. Persons who have
a record of offences may pose such a risk depending upon the job
function for which they are being considered.
. Individuals who provide short term or one-time volunteer services (e.g.
Friendly Visiting, school visits) under the auspices and supervision of a
volunteer organization, service club or educational institution do not
require a criminal record check. It is understood that the supervising
organization will ensure that their volunteers are appropriately screened.
Further, students who participate in one-day or job shadowing visits do not
require a criminal record check.
Staff Concerns
The Dutton a.p.p. station is open one day a week on Tuesdays and is closed at
lunch hour. This means that some students would have to take time off of school
to complete a criminal check but would also need transportation to get to Dutton.
Even if the Dutton a.p.p. station were open more days a week it appears that
the real underlying problem is transportation for the student volunteers. It is
sometimes a problem for parents to take time off work in order to drive students
to the a.p.p. station to receive criminal checks. There does not seem to be a
problem with adult volunteers for criminal checks.
Staff contacted all libraries throughout Elgin County to see if they too were
experiencing difficulties similar to Rodney and West Lome.
The following are the supervisor's comments:
. Rodney, West Lome-
Dutton
or St. Thomas.
Transportation is an issue getting to
. Dutton (JKGalbraith) -
no concerns (a.p.p. office in Dutton)
. Aylmer -
no concerns (a.p.p. office in Aylmer)
. Bayham, pt. Burwell Vienna - very few student volunteers as they
have to come to St. Thomas. Many do not drive and parents have to take
time off work to drive them. Aylmer Police charge $40.00 if you are not a
resident of the Town of Aylmer.
. Shedden - students come to the a.p.p. office in Sf.
Thomas. Transportation is an issue especially if the student does not
drive and the parents have to take time off work.
. Pt. Stanley - students come to the a.p.p. office in Sf.
Thomas. Transportation is an issue.
. Springfield - students come to the a.p.p. office in St.
Thomas. Transportation is an issue.
. Belmont - students come to the a.p.p. office in St.
Thomas. Transportation is an issue.
Staff from the library has also partnered with the West Elgin Secondary School
by holding student volunteer interviews at the school making it more convenient
for the students. The Human Resources Department has also assisted staff in
the process of interviewing by coordinating same day interviews at Bobier Villa
with the Dutton library after 4:00 p.m. for the convenience of the students.
Human Resources will also interview at the libraries when convenient so that
students do not have travel a second time to the Administration Building. If
required, the Human Resources Department will provide the Supervisors with the
necessary paperwork for the volunteers so that they can conduct the interviews
on their own. All of the above has assisted in alleviating the difficulties library
staff was experiencing with the volunteer criminal checks and the interviewing
process.
CONCLUSION:
It is the responsibility of the Corporation to ensure that when selecting candidates
for employment, or when utilizing volunteers or students, that such persons are
not a potential risk to the safety of persons under the Corporation's care or to the
assets of the Corporation. Criminal checks for all potential candidates are
necessary especially when working with children. As difficult as it may be for
students, providing their own means of transportation is the responsibility of any
person applying for a job be it volunteer or paid.
RECOMMENDATION:
For Council's information.
Respectfully Submitted
'ssion
Cathy is op
Director of Cultural Services
Mark .
Chief Administrative Officer
CORRESPONDENCE - JUNE 12, 2007
Items for Information (Consent Aaenda)
1. Hon. Donna Cansfield, Minister of Transportation, with information regarding the
Ontario Good Road Association Municipal DataWorks initiative. (ATTACHED)
2. Norma Bryant, Clerk, Municipality of West Elgin;
Lynda Millard, Clerk, Municipality of Bayham;
supporting the County's position on rural roadside mail delivery services. (ATTACHED)
3. William Day, City Treasurer, City of St. Thomas, with a resolution regarding the Elgin-
St. Thomas Connects Portal transfer. (ATTACHED)
4. Hon. John Gerretsen, Minister of Municipal Affairs and Housing, notifying stakeholders
and municipalities of the effective date January 1, 2008 for the remaining sections of
the Municipal Statute Law Amendment Act, 2006, which were delayed to allow time
for the development of policies and the appointment of a meeting investigator by
municipalities. (ATTACHED)
6. Wendell Graves, City Clerk, City of St. Thomas, with correspondence concerning a
proposed boundary adjustment between the City of St. Thomas and the Municipality of
Central Elgin. (ATTACHED)
7. Moya Greene, President and Chief Executive Officer, Canada Post Corporation,
acknowledging Council's concerns regarding rural mail delivery in the County.
(ATTACHED)
8. AMO with registration for "Heads of Council Training" to be held Sunday, August 19,
2007, at the Westin Ottawa Hotel. (ATTACHED)
Ministry of
Transportation
Office of the Minister
Ferguson Block, 3rd Floor
77 Wellesley St. West
Toronto, Ontario
M7A 128
416327-9200
www.mto.gov.on.ca
Ministere des
Transports
Bureau du ministre
Edifice Ferguson, 3" stage
77, rue Wellesley ouest
Toronto (Ontario)
M7A 128
416 327-9200
www.mto.gov.on.ca
lti
Ontario
" '.cCo7
'".,;,
J t~UiiJ
May 9,2007
~lo' ~"".; '1 0
ADi~M~~~STt~j~Ti'VE
Ms. Lyne Acre
Warden
County of Elgin
450 Sunset Drive
St. Thomas, Ontario
N5R 5V1
Dear Ms. Acre:
Together, the Province and Ontario municipalities are responsible for managing billions
of dollars worth of critical infrastructure and, collectively, we share a responsibility for
ensuring that these assets are managed effectively. Proper stewardship of these
assets, through long-term strategic planning, contributes directly to our quality of life,
economic growth and environmental sustainability.
When prepared effectively, asset management plans can provide the information and
analysis needed to facilitate effective strategic planning and decision-making. Under
current legislation, municipalities are required to follow the Generally Accepted
Accounting Principles as recommended by the Public Sector Accounting Board (PSAB).
Last June, PSAB approved changes for the accounting of tangible capital assets -
requiring municipalities to report on these assets on municipal financial statements by
January 1, 2009. The new PSAB requirements are expected to lead to improved
transparency and accountability in the management of tangible capital assets, while at
the same time, providing the asset inventory foundation for forward-looking asset
management plans.
Our government understands that municipal infrastructure management has become an
increasingly difficult endeavour. To address municipal needs, the Province has made it
a priority to work with our municipal partners to ensure that you have access to the
information and tools necessary to both comply with the new PSAB requirements and to
develop sound municipal asset management plans.
.../2
-2-
One such tool is the Ontario Good Roads Association's (OGRA) Municipal OataWorks
(MOW) database. The Ministry of Transportation (MTO) has committed $100,000
toward the development of key components of MOW - partnering with the OGRA on the
development of modules for municipal road and bridge asset inventories and a soon to
be released public transit asset inventory module. Coupled with MOW's bridge
inspection module, which is based on MTO's Ontario Structure Inspection Manual
(OSIM) and provides a standard approach to capturing the type and extent of bridge
and culvert deficiencies, MOW will provide municipalities with tools they need to
implement credible asset management plans for their infrastructure. Specifically, MOW
will allow municipalities to: develop capital budgets, plan maintenance schedules and
generate the required information for funding applications.
As an OGRA member service, MOW is available for municipal use free of charge. I
encourage your municipality to review MOW's usefulness in light of the forthcoming
PSAB requirement and your own municipal asset management needs. For your
information, I have enclosed a list of upcoming MOW information and training sessions
that the OGRA have scheduled across the province. Please contact Brian Anderson,
Coordinator of Infrastructure Services for OGRA, at 905-795-2555 should you wish to
obtain information on these sessions.
Our government understands that implementing asset management policies will be
complex and take time. We are committed to working with our municipal partners to
provide the support and tools necessary to assist in this process.
Sincerely,
~
Oonna Cansfield
Minister
Enclosure
Ontario Good Roads Association Municipal DataWorks Trainina Sessions
The following is a list of the upcoming training sessions for the Municipal DataWorks initiative.
The specific site for each of the training sessions can be obtained by calling Brian Anderson,
Coordinator of Infrastructure Services, at 905-795-2555.
- .
. ,... ~ - ~
Date Location
May 16, 2007
The City of Belleville
May 17, 2007
The Town of Carleton Place
May 23, 2007
The Town of Bancroft
May 24, 2007
The City of Barrie
May 30,2007
The City of Timmins
May 31,2007
The City of Greater Sudbury
June 13, 2007
The City of Dryden
June 20, 2007
The County of Lambton
mly.e ~uicipmit1J of ~st ttiIgiu
May 14, 2007
[/
County of Elgin
450 Sunset Drive
S1. Thomas, ON
N5R 5V1
Attn: S.J. Heffren
Dear Madame:
RE: ROADSIDE MAIL DELIVERY SERVICE
Please be advised that the Council of the Municipality of West Elgin, passed the
following resolution at their meeting held on May 10, 2007:
Properly Moved and Seconded:
RESOLVED that Council of the Municipality of West Elgin is in support of a
resolution put forth by the County of Elgin regarding roadside mail delivery
services.
DISPOSITION: Carried.
Should you have any questions please contact the undersigned.
Yours truly,
~J)~
Norma I. Bryant, HonBA, AMCT
Clerk
22413 Hoskins Line, Box 490, Radney, Ontario NOL 2CO Tel: (519) 785-0560 Fax: (519) 785-0644
Municipality of
Bayham
0./1 ~"
~O,.tllnity Is ~o-o;
p.o. Box 160,9344 Plank Road,
Straffordville, Ontario NO] 1 YO
Tel: (519) 866-5521 · Fax: (519) 866-3884
email: bayham@bayham.on.ca
May 29,2007
v 3 1 2GG7
Ms. Moya Greene
President, Canada Post
2701 Riverside Drive
OTTAWA, ON KIA OBI
Dear Ms Greene:
Please be advised that your recent correspondence was considered at the regular meeting of the
Council ofthe Municipality of Bayham held May 3, 2007 and the following resolution was
passed:
".......THAT the Municipality of Bayham supports the resolution by the County of
Elgin as provided in the correspondence dated April 24, 2007 to Canada Post regarding
rural roadside mail delivery services."
A copy of the above noted correspondence is enclosed for ease of reference. I trust this matter
will receive the consideration residents deserve when it comes to rural communities.
Cc:
Yours truly
~'
c<~'yov~
Mrs. Lynda Millard
Clerk
anager 0 dministrative Services
County of Elgin
450 Sunset Drive
ST. THOMAS, ON N5R 5VI
Joe Preston, M.P., Elgin-Middlesex-London
Room 140 Confederation Bldg
House of Commons
Ottawa
KIA OA6
Enc!.
File: AI6 / C2007-034
04/26/2007 THO 10:03 FAX 519 633 7661 Cou
I4J 002/002
9.1 (c)
May 3, 2007 Motion # 07-
MARK G. McDONALD
"CHIEF ADMINISTRATIVE OFFICER
(Mrs.) SANDRAJ. HEFFREN
MANAGER OF
ADMINISTRATIVE SERVICES
April 24, 2007
Inc. 1852
Ms. Maya Greene
President, Canada Post
2701 Riverside Drive
OTTAWA, Ontario K1A 081
Dear Ms. Greene:
fJ/~
450 SUNSET DRIVE
ST. THOMAS. ONTARIO
N5R 5V1
PHONE 519-631-1460
FAX 519-633-7661
WNW.elgin-county.on.ca
The Council of the Corporation of the County of Elgin, at its meeting held "on April 24,
2007, adopted the following recommendation:
"THAT the Council of the Corporation of the County of Elgin strongly objects to
Canada Post Corporation's recent announcement, to select County Residents to
discontinue roadside mail delivery service due to apparent safety concerns; and,
THAT Canada Post Corporation be strongly encouraged to continue to provide
rural mail delivery to all Residents, given improvements to the transportation
network and the propensity of other services that make deliveries such as
newspaper delivery and garbage collection without concerns; and,
THAT Mr. Joe Preston be advised of these concerns.
- Carried Unanimously.
(signed) Warden Lynn Acre"
County Council firmly believes that the rural residents should be treated equally with their
urban counter-parts and that roadside mail "delivery continue to be provided to all rural
communities.
We look forward to your response to this matter.
::/:o.~lydPA... .
S.J.(kff~S~
Manager of Administrative Services.
cc Joe Preston, M.P., Elgin-Middlesex~London
Rural Ontario Municipal Association
Association of Municipalities of Ontario
William J. Day, CA
Director of Finance and City Treasurer
Corporation of the City of St. Thomas
PO Box 520 545 Talbot Street
St. Thomas, ON N5P 3V7
Telephone: (519) 631-1680 Ext. 4101
Fax: (519) 633-9019
Emai1: bday@city.st-thomas.on.ca
"""~1!Jl'i"I'
lk.. . ~
~~ I>b
EIVED
17 May 2007
MA Y 2 22007
COUNTY OF ELGIN
AOMINISTRA liVE SERVICES
Mr. Mark McDonald, CAO
County of Elgin
450 Sunset Drive
St. Thomas, ON
N5R 5V1
Dear Mr. McDonald:
Re: Elqin-St. Thomas Connects Portal
I am attaching a resolution from the City Council meeting of May 14, 2007 regarding the Elgin-St.
Thomas Connects Portal.
Should you have any questions or require clarification on any of the above, please feel free to contact me.
Yours very truly,
, ~. "
,.~ "?
" .,. ,~.
',~ :~.
William J. Day, C. A. .
City Treasurer { ,"'; .
FROM THE OFFICE OF
THE CITY CLERK
CITY OF ST. THOMAS
EXTRACT FROM THE COUNCIL MINUTES OF:
MAY 14TH. 2007
To: W. Day, Director of Finance and City Treasurer
T. Johnson, Accounting Manager
I. Kernahan, IT
Re: Elgin-St. Thomas Connects Portal- Transfer to County of Elgin
THAT: Council direct that an amount of $7,000.00 be included for consideration in the 2008
Operating Budget relating to the Elgin Connects Portal.
Carried.
Note:
The Director of Finance and City Treasurer informed the members that there were significant
benefits for the City to pursue the Elgin-St. Thomas Connects Portal with the County of Elgin
and he recommended that the funds be identified for inclusion within the 2008 operating budget.
The members expressed concern that there was some difficulty in using the existing City web
site and asked that the City's Information Technology Department review the web site.
~1S=~]erk
In Case of Transmission Difficulties, Please Call 416-863-2101 or
1-866-309-3811
please Deliver To: county of Elgin
777 Bay Street, 1-,m Floor
Toronto ON MGG 2E5
Tel. (416) 565-7000
Fax (416) 585-6470
IMNW.mah.C9v _on-C-a
777, rue Bay, 170 etage
Toron.to ON M5G 2E5
Tel. (416) 565-7000
Tel~. (4Hl) 585-6470
www.mah.oov.Ot.l.ca
l&l
~.~
Ontario
Minister of Municipal Affairs
and Housing
Ministre des Affaires municipales
et du Logement
07-25~()
May 22, 2007
All Heads of Council:
The Municipal Statute Law Amendment Act. 2006 received Royal Assent on December 20, 2006.
It was proclaimed into force, in large part, on January 1, 2007.
With its passage, the revised Municipal Act, 2001 has brought about a new relationship between
the municipal sector and the Province based on mutual respect, consultation and co-operation.
However, several sections ofthe Municipal Statute Law Amendment Act, 2006 were not
proclaimed on 1anuary 1, 2007 including:
Closed meetings investigators (Section 104 of Schedule A)
Adoption of policies (Section 113 of Schedule A)
Many of our stakeholders in the municipal sector1 including the Association of Municipalities of
Ontario and the Association of Municipal Managers, Clerks and Treasurers of Ontario, requested
that the proclamation ofthese sections be delayed until municipalities had an opportunity to
develop policies and consider their option to appoint a meetings investigator.
I am pleased to announce that January I, 2008, has been named as the day these sections will be
proclaimed into force. Also proclaimed into force on January 1, 2008, will be amendments found
in Section 107 in Schedule A, Section 43 in Schedule B~ and Section 40 in Schedule C.
This effective date provides time for your municipality to develop policies such as those required
for notice, the delegation afpowers and the sale afland, and to prepa.re for the upcoming tasks and
resp6nsibilities to investigate complaints regarding closed meetings.
With these steps, the govermnent has acted on its goal of strengthening municipalities by
providing them with the appropriate tools and flexibility to make their own decisions. These
changes alsQ assure the public that their council and local boards remain transparent and
accountable for those decisions.
/2
'3~(oeI"~
-2-
All Heads of Council
I thank all ofthose paltners who have assisted in the implementation of these sections under the
Municipal Statute Law Amendment Act. 2006 and look forward to working with you in
implementing these important changes.
Thank you.
S~I;t:!lcclbc to UPDATE, the mlnistry's eleetron;c newsletter, at WWW_olltsrio.ca/mah-u~date'
Abonnez-vous a NOUVELLES, Ie bulletin eIectronique du ministere, it www.ontartQ.ealnml-nou.Ye~
ST. THOMAS
Office of the Clerk
P.O.Box 520, City Hall
St. Thomas, ON N5P 3V7
Telephone: (519) 631-1680
Ext.4120
Fax: (519) 633-9019
wg raves@city.st-thomas.on.ca
Wendell Graves
City Clerk
THE CORPORATION OF THE CITY OF
May 24, 2007
RECEIVED
Mr. Mark McDonald,CAO
County of Elgin
450 Sunset Drive
St. Thomas, Ont -t J
N5R 5V1 ~tII1r
Dear Mr. ~Id,
SUBJECT: PROPOSED BOUNDARY ADJUSTMENT
CITY OF ST. THOMAS AND MUNICIPALITY OF CENTRAL ELGIN
SUTHERLAND LINE - RON MCNEIL LINE
MAY 2 ~.2IJJ1
COIJRy Of B.GII
---
As part of the ongoing development process for the Dalewood Meadows Subdivision within the
City of St. Thomas is has been determined that a very minor boundary adjustment is required
impacting the actual road allowance at the intersection of Ron McNeil Line and Southerland
Line.
This boundary adjustment would see a small triangular piece of land being transferred from the
City to Central Elgin, and a small triangular piece of land being transferred from Central Elgin to
the City. The attached sketch outlines the subject area.
It is my understanding that the City Engineer has been in contact with the County Engineer
regarding this matter and that the final configuration of the adjustments are under consideration.
In discussions with the Ministry of Municipal Affairs although this matter is very minor in nature,
it still has to be considered as part of a formal boundary adjustment process.
In that regard, a public meeting is being schedule for June 18th to seek any public comment.
Further, the formal boundary adjustment documentation is being prepared.
At this point in time if you have any specific comments about this matter they would be
appreciated. As documentation is prepared we will ensure that the County is in receipt of the
same as County Council approval will be required.
Thank-you for your attention to this matter.
If you have any questions please contact me.
Yours truly,
cc. Mr. Donald Leitch, Central Elgin
cc: L'. W;rrrit./LJ'
CANADA
POST
~ POSTES
CANADA
Moya Greene
President and
Chief Executive Officer
Canada Post Corporation
Presidente -
directrice generate
Societe canadienne des pastes
MAY 2 92007
MRS. S.J. HEFFREN
MANAGER OF ADMINISTRATIVE SERVICES
COUNTY OF ELGIN
450 SUNSET DR
ST. THOMAS ON N5R 5Vl
JU",
Dear Mrs. Heffren:
Thank you for your letter regarding rural mail delivery in your area. I understand the
issues raised and regret the inconvenience this situation has caused.
Please be assured that I have reaffirmed our commitment to rural mail delivery.
Wherever possible, delivery to rural mailboxes will continue. Changing a customer's
mode of delivery is something we consider only as a last resort where the law and
the safety of our employees and the travelling public require it.
To review the safety of each mailbox location, we are using specific criteria
developed by an external expert panel that included a professional engineering
consulting firm, a consulting firm providing ergonomics expertise, and a legal
specialist and advisor in the area of occupational health, safety and the environment.
The traffic safety assessment criteria required research and expertise in the areas of
traffic safety, road design, and driver behaviour. The result of the combined work of
the multi-disciplinary team is a traffic safety assessment tool that is being applied to
individual rural and suburban mailboxes. The criteria are being used consistently
across the country, and we must ensure they are followed in each case.
I assure you we are committed to discussing delivery solutions with each customer
before any change is made. We are also keeping municipal and federal
representatives fully informed. In this regard, our representative dedicated to this
project, Mr. Andy Paterson, met with Elgin County council on May 22, 2007. He was
able to answer questions and provide detailed information on our efforts to address
safety concerns. I would like to emphasize once again our strong commitment to
rural Canada.
Again, thank you for writing.
Yours sincerely,
~
c.c. Mr. Joe Preston, M.P.
2701 RIVERSIDE DR SUITE N1200 DTTAWA DN K1A OB1
2701 PROM RIVERSIDE BUREAU N1200 OTTAWA ON K1A OB1
.i\. great program! Very informative and full ofiewels of useful political and professional knowledge! A real gem!"
Heads of Council
. .
raInIng
As the Head of Council you are called upon to lead effectively every day.
· Are you a High Impact Leader?
· Are you a leader in title only?
· Is leadership about making speeches and being liked?
· What must I do? What can I do?
. How do I manage it all?
Explore what leadership requires on a daily basis as well as in a crisis.
Join fellow Heads of Council for a one-day training session exploring:
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First Name
Last Name
Title
Address
Province
Phone
E-mail
D
Card #
200 University Avenue, Suite 801
Toronto, Ontario, M5H 3(6
416-971-9856
Fax 416-971-6191
asurujdeo@amo.on.ca
Name on Card
Expiry Date
Signature
Join US for a special Annual
Conference Session of
Heads of Council Training
Sunday August 19, 2007
8 am to 3 pm
Westin Ottawa Hotel
Register today.
Space is limited.
IN-CAMERA AGENDA
JUNE 12.2007
Staff Reports: (ATTACHED)
1) Chief Administrative Officer - A Property Disposition Matter (verbal)
Administrative Services Department
Administration Building
450 Sunset Drive, St. Thomas, Ontario, N5R 5V1
Phone: (519) 631-1460 Ext. 156
Fax: (519) 633-7661
County of Elgin
www.elgin-county.on.ca
Fax
To:
Warden Acre and
Elgin County Councillors
Call Group
From:
Mark G. McDonald
mmcdonald@elgin-county.on.ca
June 11, 2007
3 including cover sheet
Fax:
Phone:
Re:
Additional Item for Council Agenda of
June 12, 2007
Date:
Pages:
CC:
Comments:
In-Camera
1. Confidential correspondence from the County Solicitor with advice that is subject to
solicitor-client privilege regarding a negotiated strategy on a property matter
Note: Mr. Gibson will attend Council at 11 :00 a.m. to speak to the issue.
THE INFORMATION IN THIS FACSIMILE IS FOR THE NAMED RECIPIENT ONLY. IT MAY CONTAIN INFORMATION THAT IS PRIVILEGED,
CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED
RECIPIENT, OR RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, ANY DISSEMINATION, DISTRIBUTION OR
COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, OR THERE
ARE ANY PROBLEMS IN TRANSMISSION, PLEASE NOTIFY US BY TELEPHONE.