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17 - September 8, 2020 County Council Agenda Package 000* llgin n Table of Contents I. Orders — September 8, 2020................................................................ 3 I I. Elgin County Council Minutes —August 11, 2020..................................... 4 III. Proclamation — Childhood Cancer Awareness Month................................ 26 IV. Reports Index — September 8, 2020....................................................... 27 V. Report —Warden's Activity Report........................................................ 28 V1. Report — Final Plan of Subdivision Approval........................................... 32 V11. Report — Elgincentives Analysis: The Approach....................................... 35 Vill. Report — Modifying Name of John Kenneth Galbraith Reference Library, Dutton............................................................................................. 48 IX. Report — 2020/21 Ambulance Funding Update......................................... 54 X. Report — Long-Term Care (LTC) Changes in 2020-2021 Funding................ 61 X1. Report — July 2020 Financial Update..................................................... 64 X11. Report —Administration Building Accessibility Elevator Addition.................. 72 X111. Report — Engineering Services for the Port Bruce Bridge Replacement Expanded Scope of Work.................................................................... 97 XIV. Report — Elgin/Graham Scott Enns LLP — Short Term Rental — Storage Room343-A..................................................................................... 102 XV. Report — Connectivity Committee Appointment........................................ 105 XV1. Report — Environmental Advisory Committee Appointments....................... 112 XVI1. Report — Bill 197 COVID-19 Economic Recovery Act, 2020 Changes to the Municipal Act and Elgin County Procedural By-Law.................................. 129 XVI11. Report — Integrity Commissioner/Closed Meeting Investigator/Ombudsman Agreement Extension with Independent Resolutions Inc............................ 137 XIX. Report — COVID-19 Emergency Team Planning —August Update............... 139 XX. Correspondence — Information Index..................................................... 160 XXI. Letter from the Ministry of Municipal Affairs and Housing............................ 161 XXII. Letter from the Ministry of Agriculture, Food and Rural Affairs.................... 164 XXIII. Notice of Public Information Centre — Meeks Bridge Replacement............... 166 XXIV. Resolution from the Municipality of Chatham-Kent................................... 167 XXV. Monthly Project Update from SWIFT......................................................... 168 1 XXVI. August Newsletter from Western Ontario Warden's Caucus....................... 173 XXVII. September Newsletter from County of Elgin Homes................................. 177 XXVIII. DRAFT Minutes — Rural Initiatives/Planning Advisory Committee................ 179 XXIX. DRAFT Minutes — Terrace Lodge Redevelopment Fundraising Committee.... 183 XXX. By-law No. 20-44 — By-Law to Approve the Submission of an Application to Ontario Infrastructure and Lands Corporation.......................................... 187 XXXI. By-law No. 20-45 — By-Law to Extend the Appointment of Independent Resolutions Inc. as the Integrity Commissioner, Closed Meeting Investigator, and Ombudsman............................................................. 191 2 1010� E111no . . ORDERS OF THE DAY FOR TUESDAY, September 8, 2020- 9:00 A.M. ORDER 1 st Meeting Called to Order 2nd Adoption of Minutes 3rd Disclosure of Pecuniary Interest and the General Nature Thereof 4th Presenting Petitions, Presentations and Delegations 5th Motion to Move Into "Committee Of The Whole Council' 6th Reports of Council, Outside Boards and Staff 7th Council Correspondence 1) Items for Consideration 2) Items for Information (Consent Agenda) 8th OTHER BUSINESS 1) Statements/Inquiries by Members 2) Notice of Motion 3) Matters of Urgency 9th Closed Meeting Items 10th Recess 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 Video Conference Meeting — IN-PERSON PARTICIPATION RESTRICTED NOTE FOR MEMBERS OF THE PUBLIC: Please click the link below to watch the Council Meeting: htts://www.facebook.com/E IinCountyAdm in/ Accessible formats available upon request. 3 /P Pragres fve by Nature ELGIN COUNTY COUNCIL MINUTES August 11, 2020 Council Present: Warden Dave Mennill (in-person) Deputy Warden Duncan McPhail (in-person) Councillor Bob Purcell (electronic) Councillor Sally Martyn (in-person) Councillor Tom Marks (in-person) Councillor Mary French (electronic) Councillor Grant Jones (in-person) Councillor Dominique Giguere (electronic) Councillor Ed Ketchabaw(in-person) Staff Present: Julie Gonyou, Chief Administrative Officer(in-person) Jim Bundschuh, Director of Financial Services (electronic) Brian Lima, Director of Engineering Services (electronic) Michele Harris, Director of Homes and Senior Services (in-person) Brian Masschaele, Director of Community and Cultural Services (electronic) Stephen Gibson, County Solicitor(in-person) Nancy Pasato, Manager of Planning (electronic) Mike Hoogstra, Purchasing Coordinator (electronic) Katherine Thompson, Supervisor of Legislative Services (in-person) Carolyn Krahn, Legislative Services Coordinator(in-person) 1. CALL TO ORDER Elgin County Council met this 11th day of August, 2020 in the Council Chambers, at the County Administration Building, St. Thomas at 9:00 a.m.with Warden Mennill in the chair. Some Councillors and staff participated electronically by video conference. 2. ADOPTION OF MINUTES Moved by: Councillor Jones Seconded by: Councillor Marks RESOLVED THAT the minutes of the meetings held on July 14, 2020; July 23, 2020; and August 6, 2020 be adopted. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. 4. PRESENTING PETITIONS, PRESENTATIONS AND DELEGATIONS 4 4.1 Royal Oak Senior Living — Cristina Boqza, Jamie Lowery and Don Graces, Royal Oak Royal Oak briefed Council members on their retirement residence, located at 39232 Fingal Line. It is scheduled to open in November 2020, and plans include a transitional bed component in partnership with St. Thomas Elgin General Hospital and with support from the South West LHIN &The Ontario Ministry of Health. Moved by: Councillor Martyn Seconded by: Councillor McPhail RESOLVED THAT the presentation from Royal Oak be received and filed; and, THAT the Warden be directed to send a letter of support for Royal Oak Retirement Residence Project's application to the Ministry of Health for twenty (20)transitional beds. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 4.2 Safer and Vital Communities Grant— Martin Withenshaw, Rainbow Optimists, and Paula Jesty, M.I. understandinq Martin Withenshaw and Paula Jesty presented information on M.I. understanding's application for a Safer and Vital Communities Grant to support the creation of videos and resources that promote engaged and active learning among students, classrooms,communities and health centres reflecting the abundant racial and gender identity of families. Moved by: Councillor Marks Seconded by: Councillor Jones RESOLVED THAT the report from Martin Withenshaw, Rainbow Optimists, and Paul Jesty, M.I. understanding, be received and filed; and, THAT the Warden be directed to provide a letter of support for the Rainbow Optimists' application to the Safer and Vital Communities Grant Program. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 5 9 0 0 - Motion Carried. 4.3 International Plowinq Match (IPM) Legacy Agricultural Scholarship—2020 Winners This item was deferred until later in the meeting to allow the 2020 recipients, Annie Watson and Isaac Clutterbuck,to join the meeting. 5. COMMITTEE OF THE WHOLE Moved by: Councillor Ketchabaw Seconded by: Councillor Martyn RESOLVED THAT we do now move into Committee of the Whole Council. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Martyn Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 6. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF 6.1 Warden's Activity Report—July 2020—Warden Mennill The Warden provided County Council with a brief update on his recent activities as well as a high-level summary of the County's response to the pandemic.The Warden noted the following change to his report: The Warden attended a meeting with the Chair of the Elgin Group Police Services Board in his capacity of Mayor of Malahide and not as Warden of Elgin County. Moved by: Councillor Jones Seconded by: Councillor Martyn RESOLVED THAT the report from Warden Dave Mennill, dated June 30th,2020, titled,Warden's Activity Report—June 2020, be received and filed. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Martyn Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 6 6.2 Community Safety and Well-Being Coordinating Committee Update — Councillor French and Councillor Marten Councillor French and Councillor Martyn presented an update on the activities of the Community Safety and Well-Being Coordinating Committee. The Committee has agreed to survey the general public to gather their perceptions about community safety and well-being.An online discussion forum has also been launched to encourage input from the Advisory Committee. Moved by: Councillor Marks Seconded by: Councillor Martyn RESOLVED THAT the August 1st, 2020, report titled, Community Safety and Well- Being Coordinating Committee Update, submitted by Councillor French and Councillor Martyn, be received and filed for information. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Martyn Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 6.3 Terrace Lodge Redevelopment August 2020 Update—Councillor Purcell Councillor Purcell presented an update on the activities of the Terrace Lodge Redevelopment Steering Committee. The Councillor's report was followed by a staff presentation by the Director of Homes and Seniors Services regarding design options for dining space. Moved by: Councillor Martyn Seconded by: Councillor Jones RESOLVED THAT the August 11th, 2020, report titled,Terrace Lodge Redevelopment August 2020 Update, submitted by the Terrace Lodge Redevelopment Steering Committee Chair, be received and filed for information. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Martyn Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. Moved by: Councillor Purcell Seconded by: Councillor Marks RESOLVED THAT the Terrace Lodge Redevelopment project be supplemented with a further$443,450 of budget to allow for project construction to commence while still under COVID-19 restrictions. This addition includes an allowance for known COVID-19 construction cleaning expenses; plus adding oxygen storage rooms, enhanced staff locker rooms and negative pressure capability in each resident bedroom to improve the design and address concerns raised as a result of COVID-19. Simultaneously, the Nurse Call system in the common building core will be updated. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. Moved by: Councillor McPhail Seconded by: Councillor Ketchabaw WHEREAS a further$750,000 investment to increase dining space will provide a permanent"physical distancing"solution and improve operational efficiencies.We are asking County Council to decide,today, if they want this option included in the final design. THEREFORE be it resolved that County Council invest$750,000 for the enhanced dining space. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell No Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill No 7 2 0 - Motion Carried. 7. PRESENTING PETITIONS, PRESENTATIONS AND DELEGATIONS (continued) 7.1 Committee of the Whole Moved by: Councillor Marks Seconded by: Councillor Martyn RESOLVED THAT we do now move out of Committee of the Whole Council. 8 Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 7.2 International Plowing Match OPM) Legacy Agricultural Scholarship — 2020 Winners Warden Mennill congratulated the 2020 winners of the International Plowing Match Scholarship.Annie Watson and Isaac Clutterbuck will each receive$2,500 towards their future education in agriculture. 7.3 Committee of the Whole Moved by: Councillor Jones Seconded by: Councillor Ketchabaw RESOLVED THAT we do now move into Committee of the Whole Council. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 8. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF (continued) 8.4 Changes to the Provincial Policy Statement - May 1, 2020 — Manager of Planning The Manager of Planning briefed County Council on the recent Provincial Policy Statement (PPS) changes implemented by the Provincial government which took effect May 1, 2020. Moved by: Councillor Jones Seconded by: Councillor Martyn RESOLVED THAT the report titled, Changes to the Provincial Policy Statement- May 1, 2020,from the Manager of Planning, dated August 11th, 2020, be received and filed. 9 Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Domini ue Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 8.5 Approval for Official Plan Amendment No. 7, Plan 117, Part of Lots 5 to 7, 349 George Street, Port Stanley, Municipality of Central Elgin — Manager of Planning The Manager of Planning provided County Council with information required in order to consider granting approval to Official Plan Amendment No. 7 to the Municipality of Central Elgin Official Plan. Moved by: Councillor Marks Seconded by: Councillor Ketchabaw RESOLVED THAT the Council of the Corporation of the County of Elgin approves Official Plan Amendment No.7 to the Municipality of Central Elgin Official Plan, File No. CE-OPA 7-20; and, THAT staff be directed to provide notice of this decision in accordance with the Planning Act. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 8.6 Library, Museum and Archives Service Updates— Director of Community and Cultural Services The Director of Community and Cultural Services provided County Council with service updates for Elgin County Library, Elgin County Museum and Elgin County Archives as part of the gradual re-opening of County services in response to COVID- 19. Moved by: Councillor Martyn Seconded by: Councillor Giguere RESOLVED THAT the August 11th, 2020 report titled, Library, Museum and Archives Service Updates,submitted by the Director of Community and Cultural Services, be received and filed for information. 10 Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 8.7 Procurement Activity Report—Purchasinq Coordinator The Purchasing Coordinator presented a report containing the details relevant to the exercise of delegated authority for all contracts awarded that exceeded $15,000, including amendments and renewals. The report covered the period from April 1, 2020 to June 30,2020. Moved by: Councillor McPhail Seconded by: Councillor Marks RESOLVED THAT the July 29th,2020 report titled, Procurement Activity Report (April 1, 2020 to June 30, 2020), submitted by the Purchasing Coordinator, be received and filed for information. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 8.8 Insurance Update—Purchasing Coordinator The Purchasing Coordinator provided an update to Council regarding the upcoming insurance renewal in December. Moved by: Councillor Jones Seconded by: Councillor Ketchabaw RESOLVED THAT the July 30th,2020 report titled, "Insurance Update", submitted by the Purchasing Coordinator, be received and filed for information. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes 11 Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 8.9 June 2020 Financial Update—Director of Financial Services The Director of Financial Services presented a financial update for June 2020.The budget comparison for the County shows a favourable performance of$68,000 for the month of June, primarily the result of favourable wage performance, bringing year-to-date favourable performance to$341,000. Moved by: Councillor Marks Seconded by: Councillor Purcell RESOLVED THAT the August 11th, 2020, report titled, June 2020 Financial Update, submitted by the Director of Financial Services, be received and filed for information; and, THAT a 2020 budget amending by-law be approved to amend By-law 20-08 to allow Council to consider a debenture by-law later this year. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 8.10 Belmont Road Pedestrian Crossover—Director of Engineering Services The Director of Engineering Services provided information to Council regarding a request from the Municipality of Central Elgin. Central Elgin is seeking approval to install a Pedestrian Crossover on Belmont Road (County Road 74). Moved by: Councillor Martyn Seconded by: Councillor Marks RESOLVED THAT the Pedestrian Crossover (Level 2, Type B), proposed to be installed by the Municipality of Central Elgin on Belmont Road (County Road 74) at Union Street in the Village of Belmont be approved. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes 12 Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 8.11 Centennial Avenue—Speeding Concerns—Director of Engineering Services The Director of Engineering Services presented a report detailing the findings of an investigation into speed and volume counts on Centennial Avenue (CR 28) and a review implementing traffic calming measures as requested by the Municipality of Central Elgin. Moved by: Councillor Ketchabaw Seconded by: Councillor McPhail RESOLVED THAT the July 315t, 2020, report titled, Centennial Avenue—Speeding Concerns, submitted by the Director of Engineering Services, be received and filed for information, and; THAT a copy of the report be provided to the Municipality of Central Elgin. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 8.12 Centennial Road / Elm Line Intersection Improvements Municipal Class Environmental Assessment—Project File—Director of Engineering Services The Director of Engineering Services presented the report developed by BT Engineering Inc. regarding a Municipal Class Environmental Assessment(MCEA) to identify transportation intersection improvements at the Centennial Road/Elm Line Intersection. Moved by: Councillor Martyn Seconded by: Councillor Marks RESOLVED THAT Council endorse the Centennial Road/Elm Line Intersection Improvements Municipal Class Environmental Assessment Project File. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes 13 Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 8.13 Deer Crossing Warning Signs Evaluation—Director of Engineering Services The Director of Engineering Services presented a report on the existing deer crossing warning signage along County roads. Moved by: Councillor Martyn Seconded by: Councillor Jones RESOLVED THAT additional deer crossing warning signs be installed on County roads as detailed in the report titled, Deer Crossing Warning Signs Evaluation; and, THAT the project's estimated cost of$22,000 be funded by the Road Sign Replacement project(60902003); and, THAT the County post the OPP's public awareness campaign regarding deer collisions in the fall annually on the County's website and social media pages. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 8.14 Amendment to Provincial Offences Court Transfer Agreement—Memorandum of Understanding and Local Side Agreement—County Solicitor The County Solicitor presented a report on an amendment to the current Transfer Agreement, authorizing Elgin administration of the St.Thomas Provincial Offences Court. The amendment is required to facilitate the long-awaited extension of functions provided by Elgin to include prosecution of Part III and IX proceedings. Moved by: Councillor McPhail Seconded by: Councillor Giguere RESOLVED THAT the August 2"d, 2020, report titled,Amendment to Provincial Offences Court Transfer Agreement—Memorandum of Understanding and Local Side Agreement, submitted by the County Solicitor, be received and filed for information; and, THAT Elgin County Council approve the requisite Amending Agreements to the Provincial Offences Court Transfer Agreement between Her Majesty the Queen in Right of Ontario ("Ontario")and Corporation of the County of Elgin ("Elgin"), including the incorporated Memorandum of Understanding and Local Side Agreement, both affective February 2, 2001, in keeping with those draft instruments dated July 17, 2020 and/or received by Elgin on July 28,2020, and as relating to the extension of functions to be provided by Elgin in administration of the St. Thomas Provincial Offences Court and more specifically in relation to the prosecution of proceedings under Parts III and IX of the Provincial Offences Act; and, 14 THAT following review of final drafts by the County Solicitor,the Warden and Chief Administrative Officer be authorized to execute the said Amending Agreements to the Memorandum of Understanding and Local Side Agreement on behalf of Elgin. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 8.15 Connectivity Committee Appointments — Supervisor of Legislative Services and Community Relations Moved by: Councillor Ketchabaw Seconded by: Councillor Marks RESOLVED THAT this report be deferred until after the closed session. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 8.16 Ontario Health Team and Community Care Legislation and Regulations Update —Chief Administrative Officer The Chief Administrative Officer provided an update on the Ontario Health Team and Community Care Legislation and Regulations. Moved by: Councillor Martyn Seconded by: Councillor Jones RESOLVED THAT the July 30th,2020, report titled, Ontario Health Team and Community Care Legislation and Regulations Update, submitted by the Chief Administrative Officer, be received and filed for information. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes 15 Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 9. RECESS Council recessed at 11:20 a.m. and reconvened at 11:51 a.m. 10. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF (continued) 10.16 COVID-19 Emergency Team Planning — July Update — Chief Administrative Officer The Chief Administrative Officer presented the monthly update on the County's COVID-19 response. Moved by: Councillor Martyn Seconded by: Councillor Jones RESOLVED THAT the August 11th, 2020, report titled, COVID-19 Emergency Team Planning—July Update, submitted by the Chief Administrative Officer, be received and filed for information. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 11. COUNCIL CORRESPONDENCE 11.1 Items for Consideration None. 11.2 Items for Information (Consent Agenda) 11.2.1 SWIFT with their Monthly Project Update for June 2020. 11.2.2 Western Ontario Wardens' Caucus with their July 2020 Update. 11.2.3 The City of St. Thomas with a press release announcing the appointment of Heather Sheridan as the Director of Social Services. 11.2.4 Southwestern Public Health with a memo to all municipalities in the Southwestern Public Health Region regarding face coverings. 11.2.5 County of Elgin Homes with their August Newsletter. 16 11.2.6 GHD Limited with a letter regarding the Notice of Study Commencement Environmental Assessment Study& Preliminary Design—Wonderland Road /Ron McNeil Line/Ford Road/Highway 3. Moved by: Councillor McPhail Seconded by: Councillor Ketchabaw Resolved that Correspondence Items#1-6 be received and filed. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 12. OTHER BUSINESS 12.1 Statements/Inquiries by Members None. 12.2 Notice of Motion None. 12.3 Matters of UrgencV 12.3.1 The Chief Administrative Officer requested Council's consent for the addition of the following three (3) matters of urgency: 1. Property matter for closed session; 2. Housekeeping amendments to the face covering by-law; and 3. Request from Bell for a letter of support for their broadband funding application. Moved by: Councillor Martyn Seconded by Councillor Marks RESOLVED THAT these matters of urgency be added to the August 11th'2020 County Council Agenda. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 17 12.3.2 The County Solicitor presented housekeeping amendments to By-law No. 20-38, Being a By-Law to temporarily require the use of face coverings and related health protection measures within enclosed public spaces during the COVID-19 Pandemic. Moved by: Councillor Jones Seconded by: Councillor McPhail RESOLVED THAT By-law 20-42, Being a By-Law to Amend By-Law No. 20-38 as a By-Law to temporarily require the use of face coverings and related health protection measures within enclosed public spaces during the COVID-19 Pandemic, be approved and enacted. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 12.3.3 The Chief Administrative Officer provided Council with information regarding a request from Bell for the County's support in their application for the Government of Ontario's Improving Connectivity for Ontario (ICON)program. Moved by: Councillor Purcell Seconded by: Councillor Giguere RESOLVED THAT the Chief Administrative Officer be directed to follow up with SWIFT and the Bell representative to seek supplementary information with respect to the application and the request received from Bell on August 11th, 2020; and, THAT subject to the information gathered and the review completed by the Chief Administrative Officer, the representatives from the Connectivity Committee, and the Warden,a letter of support be sent in support of Bell's ICON application, if appropriate. 13. CLOSED MEETING ITEMS Moved by: Councillor Jones Seconded by: Councillor Ketchabaw RESOLVED THAT we do now proceed into closed meeting session in accordance with the Municipal Act to discuss the following matters under Municipal Act Section 239 (2): In-Camera Item#1 (e)litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board—Philmore Bridge. In-Camera Item#2 (e)litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board—Energy Board Proceedings Update#2. In Camera Item#3 18 (b)personal matters about an identifiable individual, including municipal or local board employees—Connectivity Committee Appointments. In-Camera Item#4 (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board—Long- Term Care Transition Coordinator. In-Camera Item#5 (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board—Medavie EMS Elgin Ontario (MEMSEO)Contract Renewal. In-Camera Item#6 (b)personal matters about an identifiable individual, including municipal or local board employees; (d)labour relations or employee negotiations—Chief Administrative Officer Annual Performance Evaluation. In-Camera Item#7 (a) the security of the property of the municipality or local board—Property Matter(verbal report). Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Yes Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 14. MOTION TO RISE AND REPORT Moved by: Councillor Jones Seconded by: Councillor Ketchabaw RESOLVED THAT we do now rise and report. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Absent Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 - Motion Carried. 19 In-Camera Item#1 —Chief Administrative Officer Annual Performance Evaluation Moved by: Councillor Ketchabaw Seconded by: Councillor Marks RESOLVED THAT the County Solicitor proceed as directed Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Absent Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide I Warden Dave Mennill Yes 8 0 0 - Motion Carried. In-Camera Item#2—Philmore Bridge. Moved by: Councillor McPhail Seconded by: Councillor Jones RESOLVED THAT the report titled, Philmore Bridge, submitted by the County Solicitor and the Director of Engineering Services be received and filed. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Absent Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 - Motion Carried. In-Camera Item#3—Energy Board Proceedings#2 Moved by: Councillor Jones Seconded by: Councillor Purcell RESOLVED THAT the report from the County Solicitor be received; and, that staff proceed as directed. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Absent Central Elgin Tom Marks Yes Southwold Grant Jones Yes 20 Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 - Motion Carried. In-Camera Item#4—Connectivity Committee Appointments Moved by: Councillor Jones Seconded by: Councillor Giguere RESOLVED THAT the report from the Supervisor of Legislative Services and Community Relations be received; and, that staff proceed as directed. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Absent Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 - Motion Carried. In-Camera Item#5—Long-Term Care Transition Coordinator Moved by: Councillor Marks Seconded by: Councillor Jones RESOLVED THAT Staff proceed as directed by Council regarding the one-year agreement with Gail Kaufman Carlin Consulting in the role as Long-Term Care Transition Coordinator. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Absent Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 - Motion Carried. In-Camera Item#6—Medavie EMS Elgin Ontario (MEMSEO)Contract Renewal Moved by: Councillor McPhail Seconded by: Councillor French RESOLVED THAT the report from the Chief Administrative Officer be received and filed for information; and that staff proceed as directed. 21 Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Absent Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide I Warden Dave Mennill Yes 8 0 0 - Motion Carried. In-Camera Item#7—Property Matter Moved by: Councillor Jones Seconded by: Councillor Marks RESOLVED THAT staff proceed as directed. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Absent Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide I Warden Dave Mennill Yes 8 0 0 - Motion Carried. 15. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF (continued) 15.1 Connectivity Committee Appointments — Supervisor of Legislative Services and Community Relations Moved by: Councillor Ketchabaw Seconded by: Councillor McPhail RESOLVED THAT there be no changes to the Terms of Reference for the Connectivity Committee; and, THAT Mr. Justin Pennings, Mr. Shawn Southern and Mr. Mike Andrews be appointed as Community Members of the Connectivity Committee. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Absent Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes 22 Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 - Motion Carried. 16. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE WHOLE Moved by: Councillor Ketchabaw Seconded by: Councillor Giguere RESOLVED THAT we do now adopt recommendations of the Committee Of The Whole. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Absent Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 9 0 0 - Motion Carried. 17. CONSIDERATION OF BY-LAWS 17.1 By-Law 20-40—Budget, Tax Rates, and Tax Ratios BEING a By-Law to Amend By-Law 20-08 to Provide for the Adoption of the 2020 Budget of the Corporation of the County of Elgin and to Establish the 2020 Tax Ratios, and to Establish the 2020 Tax Rates for the County Constituent Municipalities. Moved by: Councillor Jones Seconded by: Councillor Marks RESOLVED THAT By-Law No. 20-40 be now read a first, second and third time and finally passed. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Absent Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide I Warden Dave Mennill Yes 8 0 0 - Motion Carried. 17.2 By-Law 20-41 —Donation Agreement BEING a By- Law to Authorize a Donation Agreement between the Elgin County Pioneer Museum and Donald James Ian Begg and Margaret Goodhue Executors of the Estate of Donna Vera Evans Bushell. 23 Moved by: Councillor Jones Seconded by: Councillor French RESOLVED THAT By-Law No. 20-41 be now read a first, second and third time and finally passed. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Absent Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide Warden Dave Mennill Yes 8 0 0 - Motion Carried. 17.3 By-Law 20-42—Amendment to Temporary Face Coverings By-Law Being a By-Law to Amend By-Law No. 20-38 as a By-Law to temporarily require the use of face coverings and related health protection measures within enclosed public spaces during the COVID-19 Pandemic. Moved by: Councillor Jones Seconded by: Councillor McPhail RESOLVED THAT By-Law No. 20-42 be now read a first, second and third time and finally passed. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Absent Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide I Warden Dave Mennill Yes 9 0 0 - Motion Carried. 17.4 By-Law 20-43—Confirming all Actions and Proceedings BEING a By-law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the August 11, 2020 Meeting. Moved by: Councillor Ketchabaw Seconded by: Councillor Marks RESOLVED THAT By-Law No. 20-43 be now read a first, second and third time and finally passed. Recorded Vote Yes I No I Abstain 24 West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Absent Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide I Warden Dave Mennill Yes 8 0 0 - Motion Carried. 18. ADJOURNMENT Moved by: Councillor Marks Seconded by: Councillor McPhail Resolved that we do now adjourn at 2:19 p.m. to meet again on September 8, 2020 at 9:00 a.m. Recorded Vote Yes No Abstain West Elgin Duncan McPhail Yes Dutton Dunwich Bob Purcell Yes Central Elgin Sally Mart n Absent Central Elgin Tom Marks Yes Southwold Grant Jones Yes Aylmer Mary French Yes Malahide Dominique Gi uere Yes Ba ham Ed Ketchabaw Yes Malahide I Warden Dave Mennill Yes 8 0 0 - Motion Carried. Julie Gonyou, Dave Mennill, Chief Administrative Officer. Warden. 25 Corporation of the County of Elgin Office of the Warden 9 M 0 Whereas, September is officially recognized os Childhood ConcerAworeness Month, and Whereas, Childcon provides financial, emotionol and social support for families and children facing the journey through childhood cancer-from diagnosis, through treatment to recovery or bereavement; and Whereas, Orgonizotions which support families dealing with childhood cancer are working together to raise awareness of this disease and its devastating effects, os well os raising funds to support the families and children affected, by wearing gold ribbons and pins, lighting buildings in gold and sharing our stories, and Whereas, Raised awareness and funds will help these families and children deal with the emotionol and financial toll. Now, Therefore, i, Dave Mennill, Warden of the Corporation of the County of Elgin, do hereby proclaim September 2020 as "Childhood Cancer Awareness Month" in the County of Elgin and do commend its thoughtful observance to oil citizens of our municipolity. Dave Mennill, Warden Dated this Sth Day of September 2020 26 REPORTS OF COUNCIL AND STAFF September 8, 2020 Council Reports — ATTACHED Warden —Warden's Activity Report—August 2020 Staff Reports — ATTACHED Manager of Planning — Final Plan of Subdivision Approval Kemsley Farms Subdivision General Manager of Economic Development— Elgincentives Analysis: The Approach Director of Community and Cultural Services — Modifying Name of John Kenneth Galbraith Reference Library, Dutton Senior Financial Analyst — 2020/21 Ambulance Funding Update Senior Financial Analyst — Homes — Long-Term Care (LTC) Changes in 2020-2021 Funding Director of Financial Services — July 2020 Financial Update Director of Engineering Services —Administration Building Accessibility Elevator Addition Director of Engineering Services - Engineering Services for the Port Bruce Bridge Replacement Expanded Scope of Work County Solicitor— Elgin/Graham Scott Enns LLP — Short Term Rental — Storage Room 343-A Supervisor of Legislative Services and Community Relations — Connectivity Committee Appointment Supervisor of Legislative Services and Community Relations — Environmental Advisory Committee Appointments Supervisor of Legislative Services and Community Relations — Bill 197, COVID-19 Economic Recovery Act, 2020 Changes to the Municipal Act and Elgin County Procedural By-law Supervisor of Legislative Services and Community Relations — Integrity Commissioner/Closed Meeting Investigator/ Ombudsman Agreement Extension with Independent Resolutions Inc. Chief Administrative Officer— COVID-19 Emergency Team Planning —August Update 27 REPORT TO COUNTY COUNCIL �Yrt FROM: Dave Mennill, Warden DATE: August 31, 2020 outil L SUBJECT: Warden's Activity Report (August) and Progressive by Nature COVI D-19 Update RECOMMENDATION: THAT the August 31 st, 2020, report titled, Warden's Activity Report and COVID-19 Update submitted by the Warden, be received and filed for information. INTRODUCTION: This report provides a high-level summary of the County's response to the pandemic as well, provides a list of events I attended and organized on behalf of County Council. DISCUSSION: As August draws to a close, it is difficult to ignore how different this summer has been for Elgin County residents — myself included. As Warden I normally would have had the pleasure of attending and providing remarks at a number of long-standing local festivals and events. As a result of COVID-19 nearly all of these events were cancelled to protect the health and safety of the community and their absence has certainly been felt. On August 14t" I issued a press release encouraging residents to work together to keep our communities safe by adhering to public health protocols and wearing face coverings. I would like to thank residents of Elgin County for their diligence and commitment to protecting the health and safety of their neighbours and friends. Councillors and staff continue to participate in a significant number of virtual meetings to ensure a proactive response to the COVID-19 pandemic. We continue to coordinate and collaborate closely with Elgin's seven (7) municipal partners and Southwestern Public Health in an effort to align our responses across the County and provide unified and clear messaging to our residents. Council has resumed in-person meetings with some Councillors participating electronically. These hybrid meetings have been successful and live streaming our Council meetings has meant more people have been exposed to the workings of County Council. This exposure is positive for the future of local governance as more residents take an interest in municipal politics. 28 I would like to take this opportunity to thank all Elgin County staff for their considerable efforts in serving Elgin County during this time of great uncertainty. All departments and services have been affected by the pandemic and this has meant that staff have had to adapt to continuous and rapid changes over the past six (6) months. Staff have accepted redeployments, adjusted hours and duties, and implemented enhanced health and safety requirements. These efforts have not gone unnoticed and I am proud of what our staff have done to ensure that County employees, Long-Term Care residents, and members of the community remain safe and healthy during these unprecedented times. 2020 Warden's Dinner: It is with much regret that I have decided to cancel the annual Warden's Dinner for 2020. 1 had hoped that by November it would be possible to hold the event; however, given the risk of a second wave and the continued pandemic situation, the event cannot go forward. The health and safety of our guests and their families is of the utmost importance. Ontario Municipal Partnership Fund (OMPF): In June, I sent correspondence on behalf of Elgin County and its Local Municipal Partners requesting assurances that Provincial transfer payments to Canadian municipalities would remain stable in 2021 and subsequent years as municipalities recover from the economic hardships associated with COVID-19. At the AMO Conference, Premier Ford announced that the envelope and structure of the Ontario Municipal Partnership Fund (OMPF) would remain unchanged for 2021. This will guarantee $500 million of critically important funding for municipalities, particularly in rural and northern communities. Community Grant Program: The Rural Initiatives and Planning Advisory Committee has developed a revised Community Grant Program for Community Services and Festival and Event organizers seeking funding from Council. The 2021 application intake period is now open and the County will be accepting applications until November loth. We hope to see regular activities go forward in 2021, albeit in a different format reflective of the "new normal". Opening the grant process will allow for an earlier turn around of funding in 2021 which will in turn allow organizations to better plan for the future. Grant applications and information about the Community Grant Program can be found online at .III u . ;uu.�u . . : . ;uuruuruu.�uli a :uu ;u a :uru. County Operations: The Elgin County Administration Building is serving the public by telephone, email or appointment only between the hours of 8:30 a.m. and 4:30 p.m. Following strict health and safety guidelines, all of Elgin County's services have now resumed including Museum and Archival Services. Events/Meetings Attended by Warden: • Multi- Minister Western Ontario Wardens Caucus Delegation Meeting (August 19) 29 • Bi-weekly County-wide Emergency Control Group Meetings with local Mayors, Community Emergency Management Coordinators, Chief Administrative Officers, police services and partner agencies (August 21, September 4) • Southwestern Public Health Municipal Partner Calls (August 14, 18, 25, 28 September 1, 4) • CAO Annual Performance Review Meeting (August 18) • Beach Task Force Meetings (August 4, 17) • Elgin County Council (August 6 & 11) • Central Elgin Fire Station Groundbreaking Ceremony (August 28) • Backus-Page House Museum Agricultural Centre Ground-Breaking (September 5) FINANCIAL IMPLICATIONS: The financial impact of COVID-19 and the County's response efforts are reported to Council on a monthly basis. There are no other financial implications to report at this time. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin ® Ensuring alignment of ® Planning for and ® Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, and resources, and need. agricultural growth. infrastructure to deliver programs and services ® Exploring different ® Fostering a healthy now and in the future. ways of addressing environment. community need. ® Delivering mandated ® Enhancing quality of programs and services ® Engaging with our place. efficiently and effectively. community and other stakeholders. Additional Comments: Elgin County Council's response efforts and the continuity of essential projects and services align with Elgin County Council's Strategic Plan 2020-2022. LOCAL MUNICIPAL PARTNER IMPACT: Elgin County continues to work with and find ways to collaborate with Elgin's municipal partners. 30 COMMUNICATION REQUIREMENTS: A brief synopsis will be included in the Council Highlights document that is posted to the website and distributed to local Councils. CONCLUSION: As cooler weather approaches and children are scheduled to return to school, there is an uncertainty around a possible second wave of COVID-19. The health and safety protocols in place at the County of Elgin position us well to deal with the potential challenges of a second wave as they arise. I encourage residents of Elgin County to remain vigilant, adhering to public health recommendations and enhanced hygiene practices. All of which is Respectfully Submitted Warden Dave Mennill 31 REPORT TO COUNTY COUNCIL 110ft a FROM: Nancy Pasato, Manager of Planning DATE: September 8t" 2020 I SUBJECT: Final Plan of Subdivision Approval Progressive by Nature Kemsley Farms Subdivision, Applicant: Cyril J. Demeyere Ltd., Part of Lots 2 & 3 Concession 6 and Part of Lots 1 & 2 Registered Plan 263, Geographic Township of Yarmouth, Municipality of Central Elgin, County of Elgin Owner: Doug Tarry File No.:34T-CE1702 RECOMMENDATION: THAT the report titled "Final Plan of Subdivision Approval Kemsley Farms Subdivision" from the Manager of Planning, dated September 8, 2020, be received and filed. INTRODUCTION: This report is to advise County Council that final approval was given for a plan of subdivision in the Municipality of Central Elgin on August 13, 2020. (see attached map) DISCUSSION: This residential plan of subdivision is comprised of 65 single detached lots, 1 storm water management/valley lands block, 4 walkway/servicing blocks, 1 park/trail block, 1 park block, 1 valley lands block, 5 future residential blocks, and 3 reserve blocks. The original draft plan approval for this subdivision was given by Elgin County Council on September 24, 2018. The subject lands are located in the Municipality of Central Elgin (former Township of Yarmouth). The approved lots will be developed on full municipal services. The County received clearance letters from the Municipality of Central Elgin, Kettle Creek Conservation Authority, Rogers, Bell and Canada Post. In accordance with By-Law No. 13-28 "A By-Law to Delegate Certain Authorities..." the Manager of Planning has been given the authority to approve final plans of subdivision once all of the conditions of draft plan approval have been met and after clearance letters have been received. 32 FINANCIAL IMPLICATIONS: None. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin ❑ Ensuring alignment of ® Planning for and ❑ Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, resources, and need. and agricultural growth. infrastructure to deliver programs and services ❑ Exploring different ❑ Fostering a healthy now and in the future. ways of addressing environment. community need. ❑ Delivering mandated ® Enhancing quality of programs and services ❑ Engaging with our place. efficiently and community and other effectively. stakeholders. LOCAL MUNICIPAL PARTNER IMPACT: This approved plan of subdivision will impact the Municipality of Central Elgin. COMMUNICATION REQUIREMENTS: None. CONCLUSION: This report is to advise that final approval of this plan of subdivision was granted and the plans were signed by the Manager of Planning on August 13, 2020 and forwarded to the Elgin Land Registry Office for registration. The Municipality of Central Elgin and the developer have been notified. All of which is Respectfully Submitted Approved for Submission Nancy Pasato Julie Gonyou Manager of Planning Chief Administrative Officer 33 �J I Y� d 1 s F i � V '` fr 1 / ip fi� I J i Location Map N Legend Subject Site: Kemsley Farms Subdivision Subject Site File Number:34T-CE1702 Owner: Doug Tarry Ltd. Planner: Nancy Pasato Elgin Road Network Created By:TE Date:21/08/2020 Buildings Meters The Corporation of the County Elgin 0 10 20 40 60 80 Prepared By: Planning and Development 34 Scale 1:1,750 REPORT TO COUNTY COUNCIL ° er of Economic FROM: Alan Smith General Manager g Development and Tourism . . , ,' r` ' % 1 L DATE: August 31 st, 2020 Progressive by Nature SUBJECT: Elgincentives Analysis: The Approach RECOMMENDATION: THAT the August 31, 2020, report titled, Elgincentives Analysis: The Approach, submitted by the General Manager of Economic Development, be received and filed for information. INTRODUCTION: In 2015, Elgin County's local municipal partners launched their Elgincentives Community Improvement Plans. Administered and funded by Elgin County, the program continues to assist business owners to improve their property, expand business, and improve Elgin's quality of place. The current funding of the program by Elgin County is set to finish at the end of this year. At that time, County Council will need to determine the future of the County's support of the program. This decision will ultimately determine if the program continues and/or how impactful the Elgincentives Community Improvement Plans will be for each local municipal partner. DISCUSSION: Each local municipal partner, in 2015, adopted an Elgincentives Community Improvement Plan (CIP) as a component of a progressive and strategic County-wide framework for community improvement planning that is administered and funded by Elgin County. This approach to community improvement planning by Elgin County is the first of its kind in Ontario, by an upper tier level of government. In 2015, $1 million was allocated to the Elgincentives program to support the local business community. In 2018, the tax vacancy rebate of $80,000 per year was added to the original program amount giving a total of$1.24 Million to be allocated over the six- year time-period of the program. It should be noted that County Council this year moved $15,000 from the Elgincentives program to the COVID-19 Business Development Fund to support a partnership with the Elgin St. Thomas Small Business Enterprise Centre to help businesses pivot their operations; due to the pandemic. 35 To date, 207 applications have been approved totaling $1,130,114 in grant allocation. This allocation has resulted in $5,631,225 in total value of projects undertaken by local businesses. $94,886 is available for the September in-take period. A November in-take will be held if all monies from September have not been allocated. If held, the November meeting would be the final scheduled allocation of the initial funding of Elgincentives. It should be noted, that County Council's ten-year financial plan has the Elgincentives program continuing in 2021 and ongoing, with a budget of $80,000 annually. This amount is the tax vacancy rebate, described earlier. To assist County Council in determining the extent of their involvement beyond 2020 in supporting local municipal partner's Elgincentives Community Improvement Plans, staff will be undertaking an analysis of the program. The intent of this analysis is to determine the extent of the achievement of the following three program goals or outcomes: 1. To stimulate economic growth and diversification 2. To enhance the quality of place for residents and visitors 3. To improve the sustainability and stability of the tax base Appendix One provides a breakdown of the components of each Elgincentives goal that will be used to provide an analysis of the program. It should be noted that portions of the information in Appendix One is based on the suggested monitoring strategy contained in section eight of each Egincentives CIP. Furthermore, the approach taken to measure the impact of assessment pertaining to goal three requires assistance from each local municipal partner. This approach of measuring the change in assessment resulting from Elgincentives was developed by the Elgincentives Implementation Committee. Committee representatives from each local municipal partner, mostly Chief Administrative Officers, acknowledged the difficultly in determining such a figure. However, Committee members agreed that although the approach is imperfect, it may be the most objective avenue available. In addition to the Elgincentives information collected over the past 6 years, to obtain the required information to analyze the program, a survey has also been drafted that will be sent to 145 applicants (see Appendix Two). Please note that the number of applications is greater than the number of applicants this being due to some businesses applying more than once to the program for the same property. Furthermore, it must be stressed that the number of applicants that will be surveyed might increase depending on the progress of project completion by those approved in the September in-take period. The Elgincentives Implementation Committee has approved the draft survey. 36 FINANCIAL IMPLICATIONS: There will be no financial implications for analyzing the Elgincentives program. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin ❑ Ensuring alignment of ® Planning for and ❑ Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, resources, and need. and agricultural growth. infrastructure to deliver programs and services ❑ Exploring different ❑ Fostering a healthy now and in the future. ways of addressing environment. community need. ❑ Delivering mandated ® Enhancing quality of programs and services ® Engaging with our place. efficiently and community and other effectively. stakeholders. Additional Comments: LOCAL MUNICIPAL PARTNER IMPACT: Staff assistance from each local municipal partner will be required to collect information to determine the impact, if any, from Elgincentives on property assessment. COMMUNICATION REQUIREMENTS: The survey will be emailed to all applicants of the Elgincentives program. CONCLUSION: The County of Elgin's initial financial support for Elgincentives is scheduled to finish at the end of this year. An approach to analyze the performance of the program has been developed. This process is supported by the Elgincentives Implementation Committee. The results of the analysis will be presented to County Council in late November/early December. This analysis will also contain recommendations for Council's consideration. Although the amount of the tax vacancy rebate is shown in Council's 10-year financial plan as allocated to Elgincentives, the recommendations from the analysis will assist 37 Council in determining the extent of the County's future support of the local municipal partners Elgincentives Community Improvement Plans. All of which is Respectfully Submitted Approved for Submission Alan Smith Julie Gonyou Chief Administrative Officer General Manager of Economic Development and Tourism 38 / ) / ) ) / ) ) / ) § \ \ \ \ \ \ \ \ \ 5 . . . . . . . . . . . . . . . . . . o . . . . . . . . . . . . . . . . . . / \ e\ \ / \ \ § .E [ ® � \ , Z 2 \ 3� Q c \ t j \ \ � } \ f \ 7 � 2 ° k § % ƒ 5 rko § ® § 2 ® 0 m § ® G e p , G / ) k e / / / § 2 ® ! 2 E & m ] C \ E & m \ k \ \ > \ \ \ \ \ \ \ > m 7 E2 2G � y ; ® ] 2 m a o 0 r = Cl) o , a o 0 hill , � : 7 a_ \ § 2 2 x U) ® 'e p'§ p t ° m 3 m &y w $ c R ( 2 \k \ U) k ) } j \ K o@0 _ » § 0 0 \ 3 » O G50 0 G ® ) G7f G , o m = , o = p _ 0 = § § Eako- ETJ ® \ J ® ® | i zomm / 2 § / .sU / % ® _ ] G / U / Euj o \ = e § oe .7.$ f � ® 'eo ƒ % k a ° o � g � ® ® 27q \ e2 ® 2ak oa_ ® , _ Q & o o = U \ k � � � / � / / 7» d \ ] ® % 7» / J \ \ �. 0C 0M EwQ ® 2 ® E 2R - R7 \ % ` _ § 2 ® G -0 02 � \ �._ & t D � � k � eu » Ea) ° may® S % 2 QL 0) ° x0) x _0 0 /00a2 £ 00 � 2 o / § 2a § 2e / § % S .- U) / § % Ew / » \ / / ) \ ) ) / ) ) / ) �± o .� \/ \ 0 Tm \2 > M k8 E , ® o = Cc: \ e < + a .@ @ \ U) C-: % � \ � / // ) 2 a2 ° E ° ° ° y/ � Qo22am7 > > �� _ EQQ ° , E oaRao , a / § } � 7 ± \ f0 a2 = � 27R _ , E { o ¥ , > \ 20 G / 7 ~ ® © j E 2 2 $ .$ / E e m a 3 � � \ ® § ] § R52 § / 74 E / 22fz a , o = �, oe � , * § ± - § ¥6] 3 » a \ � E 'z- 00 E �\ § / \ § � 87 2 § > % � , m > \ \ § / E � ® 4 / = e = E = / w / _ E f ® ƒ \ ® ® R j \ /\ § j \ / a j \ , \ 02 / § § , w §5 0 E ] § a =% A Q ! 7 , a 2 = o z a) ± � ( ./ \ \ j E / j \ E o « $ } / � 5E ) / § / 42o E2 0 E / � R A , \& / a/ 0m0 / )0 ) / ) ) / ) 2 \ E » R > k ƒ , 7 , e \ _ \ } .\ \ x , e , k \ k < 5 Ga o ¥m > \ § k } k \ % , / § 3 \ � ~ ° 9 E / m r & % \ '/ 5 § } > & _ E ; 2 \ m ~ § w $ / a) a) \ E � ± 2 / EAR » \ § k / 000 E ) = E & o o E \ _ % / / ¥ /% ./ 0 ° ® �\ cm: 7 o= 09 = % m , k \ § ƒ 0 � � § ƒ /�\ ƒ� \ \ ° j / EEa / & ka 'f / ) / ) ) / ) ) / ) k 5 0 t � \ \ \ > % G a Cl) = > _ § $ � 2 0 — 2 0 0 ' 2 \ 7 E0 > ® 0 > k m ao , ao , } $ $ \ un o , § k \ \ \ / Ems = _ \ { § k ) ) \ ƒ \ o ■ o o a o = Jk0 0 ± k } E $ k — c ) f % f § � % \ jw om ® \ (Q } a) % ?\= a = a o e J m a > _ = a > 2 0 o � .� % , .� > § » § : mE § » � ± �Q mE -) 3 2 m � / / 7 @ � � of -t- \ k 7jEQ « m { 7j \ 0 ] k ) k] 2 } H o § § E / e2 oM0- 3me / t7e o ego , = , o eC .s , a e , == , , , § t / _ p ± _ a a .\ _ .7 m 2 _ 9 / ® k E \ / ) § \ £ m § n < g � \ / \ \ / N 2 \ .\ ƒ / u f � E E 2 7 S } / k a) E 7 2 e » o ° _0 \ \ \ / / (D / y \ < ± \ 7 § 3: / \ k 0 \ / 0 E ° $ � / / § ) ' oE < S 2 P _ ® \ ± / \ $ E / \ \ $ $ [ \ D k $ 72 £ £ \ \ \ 2 « ± ® u E m a I me, Thank you very much for taking the time to complete our Elgincentives, Community Improvement Plan Survey.This survey should only take about 5-10 minutes to complete. We understand that 2020 has been an extremely challenging year for our local business community. However,when answering these questions,we would like to know the impact that the Elgincentives funding and the project you undertook had on your business prior to COVID-19. *Please note: a. If you applied for funding for more than one of your businesses, please complete a separate survey for each business. b. If you applied for funding more than once, please complete one survey for all applications and consolidate all of the necessary data required below. * 1. Name * 2. Business Name * 3. Email *4. How would you describe the application process? Very Easy Difficult Easy Very Difficult Neutral 5. If you answered "Difficult" or"Very Difficult' to Q4 please explain your reasoning 44 1 6. How did you hear about our Elgincentives Program? Facebook EBRC Word of Mouth SBEC Mail Out Flyer County's Website(www.progressivebynature.com) Elgincentives Signage Municipal Website Other(please specify) * 7. Was your property vacant prior to Elgincentives? Yes No 8. If you answered "Yes"to Q7 is the property still vacant? Yes No * 9. Did you expand your floor space, products, or services as a result of your project(s)? Yes No 10. If you expanded, please elaborate. * 11. Was your business a start-up? le. did you apply for Elgincentives before your business became a storefront or a brick and mortar establishment? Yes No * 12. Did you hire any new staff as a result of your Elgincentives work? Yes No 13. If you did hire staff, how many staff members did you hire and what was the dollar amount for wages or salaries? 45 2 * 14. Did your Elgincentives project(s) have a positive impact on your sales? Yes No 15. If you answered yes to Q15, what was the estimated dollar value $0-$5,000 ) $20,001-$30,000 $5,001-$10,000 $30,001-$40,000 $10,001-$20,000 $40,001+ * 16. Would you have undertaken the project(s) you applied for without the assistance of Elgincentives Yes,immediately Yes,with some delay due to budgeting No&Please indicate why * 17. Did you utilize local contractors to complete the work? Yes No * 18. What was the total value of the project(s)/investment made for your project(s)? * 19. Has your property assessment increased as a result of your project(s)? No Yes and please indicate how much your assessment increased. 20. If we continued the program, are there any changes that you'd like to see? 46 3 21. Please provide a testimonial on your overall experience with the program. * 22. Can we share your testimonial? Yes No 47 4 REPORT TO COUNTY COUNCIL A110ft FROM: Brian Masschaele Director of Community and Cultural Services DATE: September 8, 2020 Progressive by Nature SUBJECT: Modifying Name of John Kenneth Galbraith Reference Library, Dutton RECOMMENDATION: THAT the name of Dutton branch of the Elgin County Library be modified from John Kenneth Galbraith Reference Library, Dutton to John Kenneth Galbraith Library, Dutton effective immediately. INTRODUCTION: This report recommends that the word "Reference" be dropped from the name of the Dutton branch of the Elgin County Library, thereby modifying the name to John Kenneth Galbraith Library, Dutton. DISCUSSION: The Dutton branch of the Elgin County Library was previously named in honour of John Kenneth Galbraith to honour his impressive accomplishments as an international statesman and economist. Dr. Galbraith was raised in the former Township of Dunwich and maintained an intimate connection to the library throughout his life, including the donation of funds to support the construction of a larger library in the early 1990s and supporting community fundraising efforts. It is appropriate that his name continue to be associated with the library. The library was named the John Kenneth Galbraith Reference Library, Dutton to reflect the fact that the branch provides enhanced reference services for branches located in the western portion of Elgin County. Aylmer Library fulfils this role for branches located in the eastern portion of the County. Staff are in the process of erecting new exterior signage at the Dutton branch and are recommending a name change to drop the word "reference" from the title to shorten the length and make it consistent with Aylmer where "reference" is not included in the branch name. The provision of enhanced reference services at Dutton will continue despite this name change. 48 FINANCIAL IMPLICATIONS: The cost of the new sign is approximately $14,000 plus electrical connection costs and will be drawn from existing capital funds in the Elgin County Library's 2020 budget. No further funds are required to proceed with this project. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin ® Ensuring alignment of ❑ Planning for and ❑ Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, resources, and need. and agricultural growth. infrastructure to deliver programs and services ❑ Exploring different ❑ Fostering a healthy now and in the future. ways of addressing environment. community need. ❑ Delivering mandated ® Enhancing quality of programs and services ® Engaging with our place. efficiently and community and other effectively. stakeholders. LOCAL MUNICIPAL PARTNER IMPACT: The Municipality of Dutton Dunwich has approved the design concept for the new sign. The resolution of support and original correspondence on this matter is attached to this report. COMMUNICATION REQUIREMENTS: Should County Council approve this modification, the name will appear on exterior signage currently in development and will be changed on the library's website and all marketing materials going forward. CONCLUSION: Modifying the name of the Dutton branch of the Elgin County Library to John Kenneth Galbraith Library, Dutton provides consistency in library naming and helps shorten the title for signage and marketing purposes. The proud connection to Dr. Galbraith is still maintained through this modification. 49 All of which is Respectfully Submitted Approved for Submission Brian Masschaele Julie Gonyou Director of Community and Cultural Chief Administrative Officer Services 50 VW COUNCIL RESOLUTION Res: 2020.19, 42 Wednesday, August 19, 2020 Moved by: —Corneil Seconded by: —Loveland 'TWAT the Council of the Municipality of Dutton Dunwich approves the proposed new exterior signage design concept for the John Kenneth Galbraith Reference Library; and TWAT while the County of Elgin will cover costs associated with production and installation of the proposed sign, the Municipality of Dutton Dunwich will support this proposed project through the approval of the permit and the related permit fee. Recordlgd Vote 'Ye—as Nays CARRIED P'. Corneil x A. Drouillard Mayor K. Loveland x DEFEATED: M. Hentz B. Purcell - Mayor _X_ Mayor. 51 „orll/lf// ” August 11, 2020 Delivered by E-mail Ms. Heather Bouw, Clerk Municipality of Dutton Dunwich 199 Currie Road Dutton CAN NOL 1 JO hbouw duttondunwich.on.ca. Re: New Exterior Signage for John. Kenneth Galbraith Reference Library, Dutton Dear Ms, Bouw: Elgin County Library is seeping approval from Hutton Nunwich Council on the attached I design concept for new exterior signage for John Kenneth Galbraith Reference Library, Dutton. The following are items relating to the proposed sign for Council"s consideration; t • It will go in, the same vicinity as the existing sign, • The orientation will be changed so that sign boards face east and west instead of C north only; • It has capacity to add a digital message board which may be installed at a future date at the library's expense, subject to prior approval by the municipality, • The ward "Reference" will be removed from the library's name, subject to Elgin C County Council approval. Elgin County Library will cover costs associated with production and installation of the proposed sign. We are requesting the following support from the municipality; • Approval of the design concept; • Approval of permits and related costs that may be required to proceed. We feel this sign will be much more visible in the community. Thank you for Council" consideration and I am happy to answer any further questions that may arise. Sincerely, Brian Masschaele„ Director of Community and Cultural Services Cc: Julie Gonyou, County of Erin CA4 runty of Elgin Courtney Kennedy, Library Supervisor 450 Sunset Drive St.Thomas,Ontario N5R 5v2 Canada Encl aignage concept Rhone:519-6r31.14 www.el nxa ° I I: r m i 'VE p 9 iF f ' f p'. iouuuuwwwu r a R6 r 53 REPORT TO COUNTY COUNCIL 0f FROM: Jennifer Ford, Senior Financial Analyst mi �i DATE: August 25, 2020 r Elpril I L SUBJECT: 2020/21 Ambulance Funding Update Progressive by Ntur RECOMMENDATION: THAT the report dated August 25, 2020 entitled "2020/2021 Ambulance Funding Update" be received and filed; and THAT the 2020 budget for Provincial Funding of Land Ambulance be updated as outlined in the report titled, 2020/21 Ambulance Funding Update, submitted by the Senior Financial Analyst. INTRODUCTION: At the time the budget for 2020 was approved, our Provincial funding envelope was based on a conservative estimate of the prior year's expenses. Confirmation of actual funding from the province is traditionally received well into the municipal operating year, at which time, staff provides Council with the updated information received and make in- year adjustments to budget as required. This report serves to update Council on recent announcements regarding funding expected for Land Ambulance Services communicated from the Province to the County of Elgin. DISCUSSION: On August 11, 2020, the County of Elgin received the attached letter from Alison Blair, Assistant Deputy Minister of Health confirming that the Ministry will be funding Land Ambulance Services in the amount of $5,100,079 which is an increase of $72,184 over last year's funding of $5,027,895. This additional funding will become part of our base funding and is subject to claw back if not spent during the fiscal year. Additionally, the County of Elgin received the attached letter from Christine Elliot, Deputy Premier and Minister of Health indicating that one-time funding in the amount of $420,000 would be provided to support the temporary pandemic pay initiative for Land Ambulance Services. Our service provider, Medavie EMS, will be distributing these funds to their employees as outlined by the Provincial guidelines and will invoice the County for reimbursement and to provide information for reporting purposes. This 54 funding will be tracked separately as a project because it is not to be used for regular operational purposes and would be subject to claw back if not fully spent. Additionally, the County of Elgin has been working with our service providers, Medavie EMS, to track and report non-labour related pandemic costs to the Province. We have not received any confirmation that there is additional funding available for these costs, therefore, a subsequent report to Council will be provided once the parameters are known. FINANCIAL IMPLICATIONS: The confirmed amount of base funding increase is $5,100,079 which is an increase of approximately 1.4% over last year's funding of $5,027,895. The ten (10) year County operating budget includes an anticipated funding increase of .5% year over year. This was a conservative estimate due to the fact that the County had experienced a year of no increase and that the pre-pandemic fate of any future increases had unknown budgetary implications in light of the potential for Provincial restructuring of the service. The amount of funding in the 2020 budget was approved at $5,049,684. The confirmed funding represents an additional $50,395 over expected and will be a savings to the municipal share of the unfunded budget. Therefore, our municipal partner, the City of St. Thomas will realize a savings in the amount of $22,022, and, the County will realize a savings of $28,373. The one-time pandemic pay funding received from the Ontario Government in the amount of $420,000, will be distributed to emergency medical staff by our service provider, Medavie EMS, in accordance with provincial guidelines. The County will reimburse Medavie for their costs and will provide the necessary reporting to the province at that time. It is expected that the funding provided is adequate to fully fund the program with no expected impact to the County budget. Unused portions of this funding will be subject to claw back by the Province once the program has ended and will not be available to be used to offset the base funding. The non-labour costs incurred by our service provider during this pandemic are being provided to the Province as requested. At the time of this report, no confirmation of funding has been received from the Province. Staff will report back to Council as this information becomes available. 55 ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin ® Ensuring alignment of ❑ Planning for and ® Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, resources, and need. and agricultural growth. infrastructure to deliver programs and services ❑ Exploring different ❑ Fostering a healthy now and in the future. ways of addressing environment. community need. ® Delivering mandated ® Enhancing quality of programs and services ® Engaging with our place. efficiently and community and other effectively. stakeholders. Additional Comments: LOCAL MUNICIPAL PARTNER IMPACT: Our Municipal Partner for Ambulance Services is the City of St. Thomas. The expected impact on their budget as a result of increased base funding over budgeted is an improvement of $22,022. There is no known impact to our Municipal Partner as it relates to the COVID Wage or Cost funding as of this report. COMMUNICATION REQUIREMENTS: Attached letters from the Province outline funding and this report will be shared with our municipal partners, the City of St. Thomas, for their information. CONCLUSION: With the current pressures on the Land Ambulance Budget, it is positive that our Provincial funder has provided a better than expected increase to our base funding. In August, the County received a lump sum retro payment for the January through to August base funding increase. The additional funding to support the temporary pandemic pay initiative has been received as of the date of this report and our service provider is dispersing this to their employees as per the guidelines received from the Province. 56 A subsequent report will be provided to Council to further outline any information regarding funding of non-labour costs related to the pandemic. All of which is Respectfully Submitted Approved for Submission Julie Gonyou Jennifer Ford Chief Administrative Officer Senior Financial Analyst 57 Ministry of Health Ministere de la Sainte t�if Office of the Deputy Premier Bureau du vice-premier ministre and Minister or Health et ministre de la Sante 777 Bay Street,5th Floor 777, rue Bay,5e etage 19MMUF Toronto ON M7A 1 N3 Toronto ON M7A 1 N3 Ontario Telephone:416-327-4300 Telephone:416 327-4300 www.ontario.ca/health www.ontario.calsante i eApp rove-182-2020-48 Mr. David Mennill Warden The County of Elgin 450 Sunset Drive St. Thomas ON N5R 5V'I Dear Warden M!ennill: As you know, the government is building a modern and sustainable health care system that is centred on patients, families and caregivers. Ministries, agencies and transfer-payment partners are all expected to think differently about how programs and services can be delivered in an improved and sustainable manner that drives efficiencies and maximizes value for money. As the province is taking steps to modernize and transform its own operations, it expects service delivery partners to do the same —to identify and realize opportunities for efficiencies, improved service delivery, and better patient outcomes. Our priority continues to be to focus our health care investments where they will have the most impact -- on front-line care. The province has been reviewing all health care programs and services with thiis goal in miind. With that in mind the Ministry of Health will provide the County of Elgin revised funding of up to $5,100,079 with respect to the Land Ambulance Services Grant (LASG) for the 2020 calendar year. J The Assistant Deputy Minister of Emergency Health Services will write to the County of Elgin shortly to provide details with respect to the 2020 funding and associated terms and conditions. 2 C i 58 1 -2- We continue to rely on your strong leadership in alignment with the plan to build a modern and sustainable public health care system and ensuring the on-going provision of front-line services that patients rely on every day. Thank you for your dedication and commitment to improving land ambulance services in Ontario and for your ongoing dedication and commitment to addressing the healthcare needs of Ontarians as we modernize and strengthen our public health care system and for all that you and your organization is doing to protect the health and safety of the people of Ontario during the COVID-I 9 outbreak. Sincerely, r M Christine Elliott Deputy Premier and Minister of Health c: Ms. Julie Gonyou, Chief Administrative Officer, The County of Elgin 59 Ministry of Health Ministere de to Sante f Office of the Deputy Premier Bureau'du vice-premier m,inistre and Minister of Health et rninistre de la Sante 777 Bay Street,5th Floor 777, rue Bay,5e etage Toronto ON M7A 1 N3 Toronto ON M7A 1 N3 '1 . p, Telephone:416-327-4300 Telephone.416 327-4300 Ontario www.ontario.ca/health www.ontario.ca/saute I eApprove-182-2020-58 Mr. Dave Mennll Warden The County of Elgin 450 Sunset Drive St. Thomas ON N5R 5V1 Dear Warden Mennill: Thank you for your continued partnership in supporting the effective delivery of essential emergency health services programs during this unprecedented time. I am pleased to advise you that the Ministry of Health will provide the County of Elgin up to $420,000 in one-time funding for the 2020-21 funding year to support the temporary pandemic pay Initiative as part of the COVID-19 response in the emergency health services sector. The Assistant Deputy Minister of Emergency Health Services will write to the County of Elgin shortly concerning the terms and conditions governing the funding. Thank you for your dedication and commitment to 'improving ambulance services in Ontario and for your ongoing dedication and commitment to addressing the healthcare needs of i Ontarians as we modernize and strengthen our public health care system, Sincerely, Christine Elliott Deputy Premier and Minister of Health j c: Ms. Julie Gonyou, Chief Administrative Officer, The County of Elgin 60 REPORT TO COUNTY COUNCIL A110ft FROM: Lisa Czupryna, Senior Financial Analyst; Jim Bundschuh, Director of Financial Services; Michele Harris, Director of Homes & Senior Services . , ..,'e.r' % r 11 1 Progressive by ur DATE: August 21, 2020 SUBJECT: Homes - Long-Term Care (LTC) Changes in 2020-2021 Funding RECOMMENDATION: THAT the August 21, 2020, report titled, Homes — Long-Term Care (LTC) Changes in 2020-2021 Funding, submitted by the Senior Financial Analyst, Director of Financial Services and Director of Homes & Senior Services, be received and filed for information. INTRODUCTION: The Ministry of Health and Long-Term Care (MOHLTC) announced the total 2020 per diem funding changes for base level of care and project funding. DISCUSSION: The MOHLTC allocated the entire level of care funding increase to the new Global Level of Care which was applied in full to Nursing & Personal Care (NPC) and not subject to the Case Mix Index (CMI), resulting in an increase of $52,331 in 2020. In addition, the CMI changes resulted in $43,554 of favourable performance. The total increase in NPC is $95,885. The 2020 budget impact of Program & Support is $16,384 unfavourable, Raw Food is $8,238 unfavourable and Other Accommodation is $25,524 unfavourable. However, the gain in NPC more than offsets the unfavourable performance in the other funding envelopes resulting in a positive total impact of $45,740 across all funding envelopes. Additionally, the MOHLTC introduced new Minor Capital funding to replace the Structural Compliance Premium discontinued in March 2020. Homes that received the Structural Compliance Premium are eligible for this new funding effective April 1, 2020. Terrace Lodge and Bobier Villa meet these criteria resulting in a gain of $74,187. Elgin Manor is not eligible as it receives the Construction Funding Subsidy at this time. The remaining project funding unfavourable performance of $107 is due to differences in rounding revenue and brings the total of all project funding down to $74,080. 61 In total the 2020 impact compared to budget is a gain of $119,820. FINANCIAL IMPLICATIONS: The impact of these changes is summarized in the table below: Changes in Budgeted vs Actual Funding for Long-Term Care in Elgin Terrace Bobier 2020 Full Year 2020 Manor Lodge Villa Impact Effective Impact Nursing&Personal Care: Global Level of Care allocated to Nursing Not subject to CMI 67,568 75,075 42,793 185,435 Apr 1 247,247 Nursing Per Diem Funding Change Before Applying CMI (47,733) (53,478) (31,894) (133,104) Apr 1 177 472 Total Nursing&Personal Care Before Applying Case Mix Index 19,835 219597 109899 629331 699775 Nursing Performance From CMI Change 28,854 21,936 36,636 43,554 Au 1 104,530 Total Nursing&Personal Care 489689 (339) 479536 959886 2449080 Program&Support 5,970 6,633 3,781 16,384 Au 1 39,320 Raw Food (3,002) (3,335) (1,901) (8,238) Aug1 19 771 Other Accommodation 9,300 10,333 5,890 25,524 Au 1 61,257 Total Level of Care Envelope&Case Mix Index Funding 309417 (209640) 359963 459740 1239732 Promect Funding: New Minor Capital Funding 0 27,378 46,809 74,187 Apr 1 98,916 BSO Recreation 235 348 230 813 Apr 1 1,084 MDS RAI 848 87 67 694 Apr 1 925 BSO Funding Nurses 301 113 (73). 115 Apr 1 153 BSO Funding PSW 425 122 109 194 Apr 1 259 HINF Supplemental Base Supplies 59 65 37 161 Apr 1 215 Falls Prevention 0 0 0 0 0 Funding for Construction Costs-Other Accommodation 930 0 0 930 Feb 1-28 0 Total All Projects 632 269947 469501 749080 979533 Total All Envelopes,Case Mix Index&Projects 319049 69307 829464 1199820 2219266 Note: Unfavourable Q=Actual increase received LESS than budgeted Favourable=Actual increase received MORE than budgeted ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin ❑ Ensuring alignment of ❑ Planning for and ® Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, resources, and need. and agricultural growth. infrastructure to deliver programs and services ❑ Exploring different ❑ Fostering a healthy now and in the future. ways of addressing environment. community need. ® Delivering mandated ❑ Enhancing quality of programs and services ❑ Engaging with our place. efficiently and community and other effectively. stakeholders. 62 LOCAL MUNICIPAL PARTNER IMPACT: None. COMMUNICATION REQUIREMENTS: None. CONCLUSION: The impact of the Long-Term Care changes in per diem and project funding is a gain of $119,820 for the 2020 budget year and a gain of $221,265 for the full year impact. All of which is Respectfully Submitted Approved for Submission Lisa Czupryna Julie Gonyou Senior Financial Analyst Chief Administrative Officer Jim Bundschuh Director of Financial Services Michele Harris Director of Homes & Senior Services 63 REPORT TO COUNTY COUNCIL �Yrt FROM: Jim Bundschuh, Director of Financial Services E1g. . , ,' r % 1 L DATE: August 28, 2020 Progressive by Nature SUBJECT: July 2020 Financial Update RECOMMENDATION: THAT the August 28, 2020, report titled, July 2020 Financial Update, submitted by the Director of Financial Services, be received and filed for information; and, THAT a borrowing by-law 20-44 be approved to submit a long-term financing application with Ontario Infrastructure And Lands Corporation (OILC) for $12 million; and, THAT a debenture by-law for the first installment of $6 million be brought forward to the September 22, 2020 Council meeting for Council approval; and, THAT a debenture by-law for the second installment of $6 million be brought forward to a November, 2020 Council meeting for Council approval. INTRODUCTION: The budget comparison for the County shows unfavourable performance of $39,000 for the month of July, primarily the result of COVID costs, bringing year-to-date (YTD) favourable performance to $302,000. The June 2020 Financial Update presented to Council discussed assuming a $12 million of debt in 2020, as part of the $35 million of debt previously planned as part of the 2020 ten-year plan, to take advantage of the favourable rates. DISCUSSION: Unfavourable July performance in Homes of$94,000 offsets the COVID funding received in prior months bringing YTD performance to negative $14,000. Costs for installing COVID barriers at reception desks resulted in $34,000 of negative performance for the month in Corporate Activities. These July COVID costs were partially offset by Library performance of $42,000, which is in wage savings resulting from the COVID related shortage-of-work/redeployment. Ambulance service enhancements initially planned for July have been delayed to September resulting in $36,000 in favourable performance for the month. 64 July 2020 Month-To-Date II IIIII 119 11 -Grand Total The $39,000 of unfavourable July performance brings the year-to-date performance to a favourable $302,000. July 2020 Year-To-Date 1110 ve I. II Grand Total 65 FINANCIAL IMPLICATIONS: Council has agreed to consider beginning debt in 2020 as OILC debt rates are currently quite favourable and rates of approximately 2% could be locked-in this year, with $6 million in debt potentially being acquired in September and a further $6 million in November. This will allow cashable GICs of $6 million earning 1.9% to be retained until 2022, together with $4 million of GICs maturing January 2021 for a total year-end investment in GICs of approximately $10 million and year-ending cash of $16 million. The borrowing by-law 20-44 to submit a long-term financing application with OILC for$12 million will be presented at the September 8, 2020 Council meeting. Approval of this by- law will kick off the process that will allow OILC to prepare a rate letter offer agreement that OILC will deliver five business days prior to the September 22, 2020 Council meeting. If the rate being offered is acceptable to Council, Council will to approve a $6 debenture by-law. A second rate letter offer agreement and debenture by-law will be brought to Council in November for consideration. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin ❑ Ensuring alignment of ❑ Planning for and ® Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, resources, and need. and agricultural growth. infrastructure to deliver programs and services ® Exploring different ❑ Fostering a healthy now and in the future. ways of addressing environment. community need. ❑ Delivering mandated ❑ Enhancing quality of programs and services ❑ Engaging with our place. efficiently and community and other effectively. stakeholders. Additional Comments: LOCAL MUNICIPAL PARTNER IMPACT: None. 66 COMMUNICATION REQUIREMENTS: None. CONCLUSION: The County is still in a strong financial position with YTD favourable performance of $302,000 resulting from the prudent management of the COVID crisis by Council. County Council will consider a borrowing by-law to submit a long-term financing application with OILC for $12 million. Debenture by-laws, with their corresponding rate offers from OILC will be brought for $6 million loans on September 22, 2020 and again in November 2020 for total 2020 debt of $12 million. All of which is Respectfully Submitted Approved for Submission Julie Gonyou Jim Bundschuh Chief Administrative Officer Director of Financial Services 67 Infrastructure Schedule "B" to By-Law Number 20-44 Ontario Webloarfa III,,,,,,, alum II III III lii a lii iim FA Number 1509 Application for Elgin,The Corporation Of The County Of SIT Construction/Purchase Construction/Purchase ID Project ID Project Name Start End Project Cost OILC Loan Amount 1213 1 Wonderland Road 03/01/2020 12/31/2020 $6,225,000.00 6,000,000.00 Reconstruction 1214 2 King George Lift Bridge 03/01/2020 03/31/2021 $6,645,000.00 6,000,000.00 Details of Project Wonderland Road Reconstruction Project Category Municipal Roads Infrastructure Project Name V hn ia;fcd And Road l e t onrslnac flan Construction/Purchase Start 03/01f2020 Construction/Purchase End /x 1/2020 Energy Conservation F Project Address 1 V houa;fcd And Road Project Address 2 City/Town oullr)�/ald Province )"� Postal Code Description 111ufj,aafing limnsud'arc-h,'c a[cd local ioad to xa hugh-voluunc coj,nrnu[cj,i,o ad Iron ing to London Comments and/or Special Requests 68 Project Life Span (Years) 15 Project • • Project Cost(A) 6,225,000,00 Other Project Funding/Financing (B): Description Timing Amount MTO Funding Expected $125,000.00 Reserves Existing $100,000.00 Other Project Funding/Financing Total(B) $225,000.00 OILC Loan Amount(A-B) 6,000 0''0 00 Only include long-term borrowing in this section. If you anticipate that you will require short-term financing during the construction phase of the project, the information will be gathered as part of the Financing Agreement. Required date Amount Term Type 0 /0 1/ 0 0 ,e,6,(;00,4.71.0 00 10 J� Amortizing J� Longterm Borrowing Total 6,000,000.00 Details of Project King George Lift Bridge Project Category Municipal Bridge Infrastructure Project Name 4,ing Gcoi,he. Lill.1 j, idg uo Construction/Purchase Start 03/01f2020 Construction/Purchase End 03/x 1l20211 Energy Conservation Project Address 1 309 Bji dg „[i,ccrl. Project Address 2 City/Town o t lan1cy Province )"� Postal Code 11J51. IC5 Description ol: 100ycaj,old .ln�e:lurc Comments and/or Special Requests 69 Project Life Span (Years) 75 Project • • Project Cost(A) 6,645,000,00 Other Project Funding/Financing (B): Description Timing Amount Reserves Existing $645,000.00 Other Project Funding/Financing Total(R) $645,000.00 OILC Loan Amount(A-B) 6,000 0''0 00 Only include long-term borrowing in this section. If you anticipate that you will require short-term financing during the construction phase of the project, the information will be gathered as part of the Financing Agreement. Required date Amount Term Type 1 1/:/1/.0 4:7 :71a 10 J� Amortizing J� Longterm Borrowing Total Debt andRe-payments Has there been any new/undisclosed debt acquired since last FIR r Yes r No was submitted? Please describe any re-financing plans for any existing "interest only"debt, if applicable. Non Re-payments of Loans or Debenture In the last 10 years, has the borrower ever failed to make a loan payment or debenture repayment on time to any lender, including the Provincial Government? If yes, please provide details. OILC Loan -•. • • Please indicate the source(s)of revenue you plan to use to repay the OILC Loan Taxation 100,00 User Fees 0,00 Service Charges 0,00 Development Charges 0,00 Connection Fees 0,00 Repayment Subsidies 0,00 70 Other Total 100,001% Documentation and Acknowledgements Please ensure all required documents are submitted with the signed application.OILC requires originals as noted below to be mailed or couriered.Also, please retain a copy of all documents submitted to OILC for your records. To obtain templates for documents see listed below. • Loan Application Signature Page signed and dated by the appropriate individual(original to be submitted) • Certificate and sealed copy of OILC template By-law authorizing project borrowing and applying for a loan(original with seal) • Certificate of Treasurer Regarding Litigation using the OILC template(original,signed&sealed) • Updated Certified Annual Repayment Limit Calculation(original) I acknowledge and agree that all of the above referenced documents must be submitted in the form required by OILC and understand that the application will not be processed until such documents have been fully completed and received by Infrastructure Ontario. Please note: OILC retains the right to request and review any additional information or documents at its discretion. Confidential Information OILC is an institution to which the Freedom of Information and Protection of Privacy Act(Ontario)applies. Information and supporting documents submitted by the Borrower to process the loan application will be kept secure and confidential,subject to any applicable laws or rules of a court or tribunal having jurisdiction. Infrastructure Ontario Ontario,This site is maintained by Infrastructure Ontario crown agency. Privacy I .. . . Copyright @ Queen's Printer for Ontario,2020 1 Accessibility 71 REPORT TO COUNTY COUNCIL A110ft 4 FROM: Brian Lima Director of Engineering lkkh Services 1 Eugenio DiMeo, Manager of Corporate Facilities Progressive by Nature Sam McFarlane, Accessibility Coordinator DATE: August 31, 2020 SUBJECT: Administration Building Accessibility Elevator Addition RECOMMENDATION: THAT L360 Architecture be retained to review, revise, and update the 2012 Administration Building Southeast Elevator Addition construction and permit plans previously prepared, to comply with all applicable provincial codes, legislation, and standards. In addition, that L360 Architecture provide all the services to the County of Elgin as set out in their January 30t", 2020 fee proposal in the amount of $58,255.00 (excluding HST); THAT L360 Architecture also prepare new construction and permit plans for the Administration Building Northeast Elevator Addition. In addition, that L360 Architecture provide all the services to the County of Elgin as set out in their January 30t", 2020 fee proposal in the amount of $81,020.00 (excluding HST); and, THAT the Warden and Chief Administrative Officer be directed and authorized to sign the proposal service agreement. INTRODUCTION: The purpose of this report is to obtain Council's approval to re-engage the services of L360 Architecture to prepare construction and building permit application design drawings, tender documentation, and provide contract administration services associated with the Administration Building southeast and northeast elevator additions, and front entrance accessibility upgrades. DISCUSSION: The County of Elgin has identified the need to upgrade its current original 1960's vintage elevator systems at the Administration Building and address accessibility 72 deficiencies on the main level, between the outer and center blocks of the building so as to maintain compliance with the Province's Accessibility for Ontarians with Disabilities Act requirement and significantly improve barrier-free circulation on this level. Back in 2012, the County of Elgin had retained the services of L360 Architecture who prepared the construction drawings and tender documentation necessary to obtain a building permit and fulfill the County's tender process requirements specifically for the southeast elevator addition. This project was instead deferred as then Council later considered the construction of a new administration building. In the 2020 capital budget, County Council approved $2,580,000.00 for the southeast and northeast elevator additions, and front entrance accessibility upgrades to be completed. The budgeted amount was established based on the intention of repurposing L360 Architecture's 2012 design and specifications. It is staff's recommendation that Council single source the design and construction administration engineering service provision of this project to L360 Architecture, recognizing their involvement with drawing and tender documentation preparation completed to date. Staff also feels there would be a significant savings in cost and time with this approach, allowing for construction of the project anticipated to begin by years end. The scope of their work as set out in their January 30, 2020 appended to this report would includes undertaking a review and updating the existing design construction drawings and tender documentation for the southeast and northeast elevator additions and front entrance accessibility upgrades, and providing construction administration services throughout the duration of construction. In accordance with the Accessibility for Ontarians with Disabilities Act introduced in 2005, municipalities are required to ensure compliance with all applicable provincial accessibility codes, legislation, and standards when redeveloping public facilities. FINANCIAL IMPLICATIONS: This project was included in the 2020 Capital Budget that was previously approved by the Council, with $2,580,000 being identified for these works. 73 ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin ❑ Ensuring alignment of ❑ Planning for and ® Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, resources, and need. and agricultural growth. infrastructure to deliver programs and services ® Exploring different ❑ Fostering a healthy now and in the future. ways of addressing environment. community need. ® Delivering mandated ® Enhancing quality of programs and services ❑ Engaging with our place. efficiently and community and other effectively. stakeholders. LOCAL MUNICIPAL PARTNER IMPACT: The new elevators and front entrance accessibility upgrades will address a significant challenge associated with the original Administration Building design, and will allow barrier-free access to all floor levels of the building once completed. Compliance with all applicable provincial codes, legislation and standards, will achieve the Accessibility for Ontarians with Disabilities Act's mandate for an accessible Ontario by 2025. As the County's Administration Building services all local municipal partners, building tenants, residents, tourists and visitors, the building upgrades will achieve the Act's mandate. COMMUNICATION REQUIREMENTS: All Council, Staff and Administrative Building tenants will be advised of the Project and be provided construction progress updates throughout the duration of construction, including advance notice of any facility access or temporary service disruptions. CONCLUSION: The County of Elgin has identified the need to replace its original Administration Building elevator systems to address public access accessibility deficiencies due to the age of the building, so as to maintain compliance with the Province's Accessibility for Ontarians with Disabilities Act requirements. 74 In 2012, L360 Architecture was retained by the County and completed design drawing and tender documents preparation in advance of building permit application submission. Following deferral of the project, staff is recommending single source re-engagement of L360 Architecture's engineering services to review and update the design drawings and tender documents associated with the southeast elevator addition, duplicate efforts necessary to also replace the northeast elevator system, and include necessary front entrance accessibility upgrades. All of which is Respectfully Submitted Approved for Submission Brian Lima Julie Gonyou Director of Engineering Services Chief Administrative Officer Eugenio DiMeo Manager of Corporate Facilities Sam McFarlane Accessibility Coordinator 75 Thursday, January 301h, 2020 Mr. Brian Lima, P.Eng. Director of Engineering Services County of Elgin 450 Sunset Drive St. Thomas, ON. N5R 5V1 Re: Fee Proposal for Elevator Addition to Elgin County Municipal Office Dear Mr. Lima It is a pleasure to submit this revised fee proposal to carry out architectural services for the resurgence of the County of Elgin Municipal Office Elevator Addition. Our proposal has been developed based upon both, a thorough review of the drawings previously developed in 2012 related to the elevator addition for the south wing and a comprehensive meeting with yourself on Thursday, January 91 2020. We understand, due to accessibility that the projects will be phased into 2 separate projects due to the requirement of accessibility to be maintained. We have connected with our Sub-Consultants responsible for the structural, mechanical and electrical engineering work for this project and they have reviewed their scope and have provided a comprehensive proposal to L360. L360's proposal therefore will include the Structural, Mechanical, and Electrical Engineer's services. Should the County wish to construct each project simultaneously, it is agreed that there might be cost savings in the number of meetings to be held should one General Contractor be chosen for both projects. Please note that, as per our agreement of February 291h, 2012, Civil Engineering, Soils Testing, or is not included in our proposal, although we will provide a budget for their services for your Council to approve. Our proposal has been developed as a full-service proposal providing all the necessary services required to develop the design, construction drawings, permit drawings and construction administration to successfully see this project through to fruition. It will be L360 ARCHTIECTURE's main focus to ensure that the County's best interests financially and project wise are at the forefront of our focus. Our proposal, therefore includes the following services has been developed based on the understanding that L360 ARCHITECTURE will provide: Part A: Elevator Addition-Southeast Location: i) The review and revisions to the current June 111h, 2012 Permit/Tender Drawings to bring up to 2020 standards. ii) All drawings to be placed on current Drawing sheets and will be stamped using a 2020 date for permit application. iii) Act on behalf of the County for preparing and applying for Building Permit. (Note: L360 does not pay for permit costs) iv) Develop and Post thorough Tender Documents including Specifications and Front-End Instruction To Bidders onto the County's preferred bidding procurement site v) Administer the review and response for all RFI's during the Tender Period. vi) Receive Tenders at the County Office, review all Tenders and document the Tender Results to ensure compliancy. 76 vii) Present the Tender Results to the County and provide recommendation to whom the successful bidder is based on the tendered documents. viii) Carry out Contract Administration Services throughout the full period of construction. (See Section F for detailed breakdown of services) ix) Carry out final completion letters, and Close-out review documents. x) Carry out 1-year warranty period review on behalf of the County Part B: Elevator Addition-Northeast Location: i) Review and documentation of existing conditions to create base plans on which to develop drawings from. ii) Review L360's live digital file used for tendering on June 1111, 2012 Tender Drawings to create action plan for best creating new permit and tender drawings. iii) Review of "Asbestos Survey Report, County (of) Elgin — Administration Building", prepared by Stantec Consulting Limited and dated March 2008 specific to this side of building. iv) Act on behalf of the County for preparing and applying for Building Permit. (Note: L360 does not pay for permit costs) v) Develop and Post thorough Tender Documents including Specifications and Front-End Instruction To Bidders onto the County's preferred bidding procurement site vi) Administer the review and response for all RFI's during the Tender Period. vii) Receive Tenders at the County Office, review all Tenders and document the Tender Results to ensure compliancy. viii) Present the Tender Results to the County and provide recommendation to whom the successful bidder is based on the tendered documents. ix) Carry out Contract Administration Services throughout the full period of construction. (See Section F for detailed breakdown of services) x) Carry out final completion letters, and Close-out review documents. A) Carry out 1-year warranty period review on behalf of the County Should our proposal be accepted, L360 will assign the Team of David Doka as the Sr. Project Manager for this project with the backing of Chris Sammut, Sr. Project Manager to ensure that the County's best interest will be protected. Please note that as the Principle Contact, I will be fully involved with this project as the liaison between L360 and the County for all things businesswise and will be available at all times. Background and Assumptions Information on the Northeast location of the building including all architectural, structural, electrical and mechanical information will be provided to L360 ARCHITECTURE by the County as part of a survey of existing condition exercise to establish the existing conditions of the facility. The proposal accounts for the possibility of further investigation / confirmation of the information provided to ensure accuracy in the development of this project. Scope of Work and Services To provide design development and construction documentation for the purpose of permit application and tendering, and to provide construction administration services including the specified amount of site visits for meetings and review. 1. Architect's Scope Of Basic Services I. The Architect's Basic services consist of those services performed by the Architect, the Architect's employees, and the Architect's Consultants set forth herein or otherwise mutually agreed in writing. They include the provision of basic structural, mechanical and electrical engineering services by professional engineers when these Consultants are engaged by the Architect. 77 A. Schematic Design Phase(Northeast Location) Based on the design work carried out for the South Location,the existing conditions for the North Location will be confirmed to ensure that the work can be leveraged for this side as well.In doing so, L360 will confirm that there are no unique elements to the North Location that would add to the scope of work that was not included when designing the Southeast Location. In the unlikely event that the County would request a separate and unique design from that of the Southeast Location,the following schematic design services unique to this unlikely request will be carried out at an Hourly rate: • Review Program-Review the Client's Program of Requirements • Review Applicable Codes-Review applicable statutes, regulations, codes and by-laws and where necessary review the same with the authorities having jurisdiction. • Prepare Initial Evaluation -Prepare an initial evaluation of the Client's Program of Requirements and schedule. Project site and the proposed procurement or delivery method and other initial information provided by the Client each in terms of the other,to ascertain the requirements of the Project. The Architect shall notify the Client of(1) any inconsistencies discovered in the information, and (2)other information or consulting services that may be reasonably needed for the Project. Should the Client request a full review or preparation of the Construction Budget from L360,this can be carried out as per the terms of"Option B" Hourly. • Review Initial Evaluation -Present and review with the Client the initial evaluation and discuss alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the Client regarding the requirements of the Project. • Schematic Design Documents-Based on the assumption that concept design provided by the Client, L360 will prepare for the Client's review and approval,accurate schematic design documents to be used throughout each phase of the project. •Site Plan •Spatial Relationship diagrams • Floor Plans• Elevations • Building Sections •Outline Specifications • Estimate of Construction Cost(Additional Service if requested)-Prepare and submit to the Client an Estimate of Construction Cost based on current area or volume unit cost. When engaged to provide Estimates of Construction Cost, the Architect shall be permitted to include Contingencies for(1)escalation (2)design and (3) unforeseen changes during construction. The Architect's Estimate of Construction Cost shall be based on current area, volume or similar conceptual techniques. If the Client requests detailed cost estimating services,the Architect shall provide such services as an Additional Service. • Submit Schematic Design-Submit the schematic design documents to the Client and request the Client's approval. B. Design Development Phase:(Northeast Location) • Design Development Documents-Based on the Client's approved schematic design documents and agreed Estimate of Construction Cost,and any Client's authorization of adjustments in the Project requirements and the budget for the Construction Cost, prepare for the Client's review and approval,design development documents, drawings and other documents to describe the size and character of the Project including as appropriate the architectural,structural, mechanical,and electrical systems, materials and such other elements: 78 •Site Plan • Floor Plans • Elevations • Building Sections • Project brief detailing area calculations, building systems and outline specifications • Continue Review of Applicable Codes-Continue to review applicable statutes, regulations codes and by-laws as the design of the Project is developed and where necessary review the same with the authorities having jurisdiction. • Submit Design Development-Submit the design development documents to the Client, advise the Client of any adjustments to the Estimate of the Construction Cost and request the Client's approval. C. Construction Document Phase: (Northeast Location) • Drawings and Specifications-Based on the Client's approved design development documents and agreed updated Estimate of Construction Cost, prepare for Client's review and approval, Construction Documents consisting of drawings and specifications setting forth in detail the requirements for the construction of the Project. • Review Applicable Codes-Review statutes, regulations, codes and by-laws applicable to the design and,where necessary, review the same with the authorities having jurisdiction in order that the consents,approvals,licenses and permits necessary for the Project may be obtained. • Bidding Information -Obtain instructions from and advise the Client on the preparation of the bidding information, bidding forms, conditions of the construction contract and the form of construction contract between Client and contractor. • Update Estimate of Construction Cost(Additional Services)-Update the Estimate of Construction Cost. • Submit Construction Documents-Submit the Construction Documents to the Client, advise the Client of any adjustments to the Estimate of Construction Cost(if carried out in previous phases) including adjustments indicated by changes in requirements and general market conditions;take any action required under GC5.2 and request the Client's approval. D. Permits And Approvals • Building Permit Application-Prepare documents for building permit application,for owner's signature as applicant and assist with submission of the application. Cost of Permit shall be paid by Owner and not by L360. E. Bidding 1 Negotiation Phase(The Tendering Phase) The fee proposal has been developed to include L360 ARCHITECTURE providing a maximum of 20 hours of time allotted for Sr Project Manager and for 5 hours of Paul F. Loreto's time to carry out this phase,which will include the inviting of all General Contractors, and responding to questions by the General's during the tender phase. F. Construction Administration Phase The fee proposal has been developed to include L360 ARCHITECTURE providing the following services throughout the construction phase of the project up to a maximum of 80 hours of time allotted for an L360 Sr. Project Manager and for 20 hours of Paul F. Loreto's time. (all additional charged out on an hourly rate) 79 The following construction administration services included in this proposal are as follows: • General Review-Provide General Review services during construction;examine,evaluate and report upon representative samples of the Work; keep the Client informed of the progress and quality of the Work; report defects and deficiencies in the Work observed during the course of the site reviews;and report in writing to the Client, contractor and chief building official. • Site Meetings-Attend 12 site meetings with contractor, major sub-contractors and Consultants,where appropriate,to review the progress of the Work. • WSIB Certificates,Bonds and Insurance Policies-Arrange to receive from the contractor,as required under the construction contract,WSIB certificates, bonds and insurance policies and deliver to Client for Client's bond and insurance advisors to review. • Construction Contract Documentation Interpretation-On the written request of either the Client or the contractor, render written interpretations and findings within a reasonable time, consistent with the intent of and reasonably inferable from the construction contract documents,showing partiality to neither the Client nor the contractor,on claims,disputes and other matters in question between the Client and the contractor relating to the execution or performance of the Work or the interpretation of the construction contract documents. • Shop Drawings and Submittals - Review and take other appropriate action with reasonable promptness upon such contractor's submittals as shop drawings, product data, and samples, for conformance with the general design concept of the Work as provided in the construction contract documents. • Supplemental Details and Instructions-Prepare and issue additional documents and supplemental instructions to the contractor,as required for clarification of the requirements of the contract documents,with reasonable promptness or in accordance with a schedule for such instructions agreed to by the Architect and the contractor. • Requests for information(RFI's)-Receive requests for information(RFI's)from contractors and process accordingly. 80 Appendix A— Optional Services Optional Services: -Based on an hourly rate if requested. 1. PROVISION OF ADDITIONAL SERVICES The Additional Services listed below are standard additional services available to our Client as they relate to specific projects. The services are not included in L360's basic service proposal, but if requested by the Client, L360 shall provide the following Additional Services at the hourly rates as per the attached L360 2020 Hourly and Disbursements SCHEDULE A. Schematic Design Phase • Verifying Drawings-Review independent non-L360 developed drawings furnished by the Client, visit site and take measurements to satisfy that drawings are reasonably accurate in their representation of the premises. • Measured Drawings-Confirm with the Client the purpose of the measured drawings and the accuracy required, make measurements,augment with photographs and field notes as appropriate and prepare drawings. • Survey,Geotechnical or Hazardous Materials-Assist the Client in the engagement of a Consultant to obtain survey,geotechnical or hazardous materials reports. ❑ Yes Initial B. GENERAL SERVICES,ALL APPLICABLE PHASES • Detailed Estimates of Construction Cost-Provide or Review detailed Estimates of Construction Costs. • Detailed Quantity Surveys,Inventories,Operating Costs-Provide detailed quantity surveys, inventories of material and equipment,or analyses of owning and operating costs. • Provision of Interior Design Services-Provide or engage the services of an interior designer to provide interior design services commensurate with other architectural services under this contract. • FF&E-Provide services for the selection and installation of furniture,fixtures and equipment(FF&E), including re-use of Client's inventoried FF&E. • Signage-Provide services for design,selection, procurement and installation of graphics,signage and similar elements for interior or exterior application. • Tenant Related Services—Provide tenant layout and design services or documents not otherwise included in fees. • Marketing-Prepare promotional presentations or special marketing materials. • Model/Rendering/Video-Provide specifically commissioned physical model(moquette),architectural rendering,computer rendering or video,which become the property of the Client. • Photography-Provide specially commissioned photography or photographic records of site, existing conditions,construction or other. • Value Engineering-Provide services in connection with value engineering or analysis. ❑ Yes Initial 81 C. PERMITS AND APPROVALS • Special Approvals of Authorities-Provide studies, prepare drawings and other documents,attend meetings or public hearings,arrange for engagement of specialist Consultants if required and assist Client in submission of application for: a. Zoning or Land Use Amendment: b. Committee of Adjustment or variance from by-laws: c. Site Plan Approval: d. Other Approvals: ❑ Yes Initial D. BIDDING/NEGOTIATION PHASE • Pre-qualification of Bidders-Prepare parameters of pre-qualification process,advise participants of rating criteria, receive responses from interested parties, prepare analysis spreadsheet and report results to Client for Client's decision. • Multiple Bid Packages-Provide services and prepare multiple bid document packages in connection with alternative,separate or sequential bidding or negotiation of trade contracts. • Issued for Construction Drawings-Prepare Issued for Construction drawings incorporating relevant addenda or negotiated changes during bid/negotiation phase. ❑ Yes Initial E. CONSTRUCTION PHASE • Additional On-Site Representation—Provide extensive or full-time on-site review or representation. • Construction Schedule-Receive construction schedule from contractor, review and forward to Client. • Schedule of Values-Receive schedule of values from contractor, review and adjust, if required.Advise both Client and contractor that the agreed schedule of values will form the basis for factoring percentage of Work completed into certificates for payment. • Payment Certification-When engaged to provide General Review, receive and assess contractor's applications for payment;determine the amounts owing to the contractor under the construction contract based on the Architect's observations and evaluation of the contractor's applications for payment having factored percentage of completeness against the contractor's schedule of values and issue certificates of payment to the Client in the value proportionate to the amount of the construction contract,of work performed and products delivered to the Place of the Work. • Proposed Change Notices/Change Orders and Change Directives-Prepare proposed change notices drawings, specifications and supporting data,evaluate contractor's proposals; prepare change orders and change directives for the Client's approval and signature in accordance with the construction contract documents. • Inspection&Testing Services-Provide assistance in having inspection and testing companies perform services as required by the construction contract documents, receive and review their reports and report to Client. Cost of such testing services will be paid by the Owner and not the Consultants 82 • Substantial Performance and Completion-As payment certifier prepare and issue at the appropriate time, a certificate of Substantial Performance of the Work and a statement of construction contract deemed completion in accordance with the provisions of the Construction Lien Act. • Contractor's Documentation at Completion-Receive from the contractor and forward to the Client for the Client's acceptance the written warranties and related documents as required under the construction contract. • Takeover Procedure-Arrange for takeover of the Project by the Client including demonstration of operating equipment, handover of operating and maintenance manuals and replacement parts as specified. • Twelve Month Warranty Review-Prior to the end of the period of one year following the date of Substantial Performance of the Work, review any defects or deficiencies which have been reported or observed during that period,and notify the contractor in writing of those items requiring attention by the contractor to complete the Work in accordance with the construction contract between the owner and contractor. • Multiple Contracts-Provide additional construction contract administration services in connection with Construction Management, Fast track or Design Build delivery. • Multiple Phases-Provide services in connection with multiple phased occupancies. • Client's Own Forces-Coordinate work performed by the Client's own forces and coordinate the services required in connection with construction performed and equipment supplied by the Client. • Updated Drawings-Prepare Updated Drawings incorporating supplemental instructions,change orders and other changes issued during construction. • Record Drawings-Prepare Record Drawings incorporating changes in the Work made during construction based on as-built drawings(marked-up prints),drawings,and other data furnished by the contractor to the Architect;the accuracy of the information supplied by the contractor shall not be the responsibility of the Architect • Commissioning-Provide services related to commissioning in the utilization of equipment or systems such as testing,adjusting and balancing, preparation of operation and maintenance manuals,training operation or maintenance personnel for operation and maintenance and consultation during operation. ❑ Yes Initial 83 Responsibilities of Architect and Client 1. L360 ARCHITECTURE's Responsibilities Upon recognizing the need to perform the following unforeseen Additional Services L360 shall notify the Client with reasonable promptness explaining the facts and circumstances. L360 shall not proceed to provide the following services until L360 receives the Client's written authorization. Compensation shall be at hourly rates identified in the attached L360 2020 Hourly and Disbursements SCHEDULE unless mutually agreed upon otherwise. This shall include providing services, reviewing,evaluating, revising or providing additional drawings or specifications including proposed change notices, change orders, change directives or other documents that are: • caused by instructions that are inconsistent with instructions or written approvals previously given by the Client, including revisions made necessary by adjustments in the Client's Program of Requirements or budget for Construction Cost; • required because of significant changes to the Project, including size,quality, complexity,the Client's schedule,or the method of bidding or negotiating and contracting for construction; • caused by the enactment or revisions of statutes, regulations,codes or by-laws,subsequent to the preparation of such documents; • caused by an interpretation by the authorities having jurisdiction which differs from the Architect's interpretation of statutes, regulations,codes and by-laws,which difference the Architect could not have reasonably anticipated; • due to changes required as a result of the Client's failure to render decisions in a timely manner; • in connection with evaluating substitutions proposed by the contractor and making subsequent revisions to the drawings,specifications and other documentation resulting from them; • required to evaluate an extensive or unreasonable number or size of claims or requests for information (RFI's)submitted by the contractor or others in connection with the Work; • due to replacement of any of the Work damaged by fire or other cause during construction and furnishing services as may be required in connection with the replacement of such work; • made necessary by the default of the contractor, by major defects or deficiencies in the Work of the contractor, by failure of performance by either the Client or the contractor under the construction contract; • requested by the Client in connection with any mediation,arbitration proceeding,or legal proceeding;or • made necessary by the extension of the anticipated dates for construction. 2. Client's Responsibilities • The Client shall provide full information regarding the requirements for the Project including the Client's project objectives,constraints and criteria and a written Program of Requirements including spatial and functional requirements and relationships,flexibility,expandability,special equipment,systems,and site requirements. • The Client shall initially establish and periodically update a budget for the Construction Cost of the Project which includes Contingencies for(1)escalation, (2)design and (3) unforeseen changes during construction. If the Client significantly increases or decreases the budget for the Construction Cost the Client shall notify the Architect.The Client and Architect shall thereafter agree to a corresponding change in the Project's size and quality. 84 The Client shall provide information,surveys, reports and services as set out below,the accuracy and completeness of which the Architect shall be entitled to rely upon and such contracts for the provision of information,surveys, reports and services,whether arranged by the Client or the Architect,shall be considered direct contracts with Client unless explicitly provided otherwise: a. surveys describing physical characteristics,legal limitations and utility locations for the Project site, and a written legal description of the site and adjoining properties as necessary showing the following survey and legal information,as applicable:grades and lines of streets,alleys, pavements and adjoining property and structures;adjacent drainage; rights of way; restrictions;easements; encroachments;zoning;deed restrictions; boundaries and contours of the site; locations,dimensions and data pertaining to existing buildings,other improvements,and trees;and information concerning utility services, both public and private, above and below grade, including inverts and depths; b. subsurface investigation and reports which include but are not limited to test borings,test pits, determination of soil bearing values, percolation tests,a list of and evaluations of Toxic or Hazardous Substances or Materials present at the Place of the Work,ground corrosion and resistively tests, including necessary operations for anticipating subsoil conditions,with reports and appropriate professional recommendations;and c. air and water pollution tests,tests for Toxic or Hazardous Substances or Materials,structural, mechanical, chemical,and other laboratory and environmental tests, inspections,laboratory and field tests and reports as required by the Architect,the Architect's Consultants,the authorities having jurisdiction or the construction contract documents. • The Client shall: a. authorize in writing a person to act on the Client's behalf and define that person's scope of authority with respect to the Project when necessary. In the absence of such naming of an authorized representative,the signatory to this contract is deemed to be the representative; b. review documents submitted by the Architect and give the Architect timely decisions for the orderly progress of the Architect's services; c. sign applications for permits as the owner,or if the Client is not the owner arrange for the owner to sign and pay for the building permit and all other permits and development costs; d. immediately notify the Architect in writing if the Client observes or otherwise becomes aware of any fault or defect in the Project or any nonconformity with the requirements of the construction contract; e. engage Consultants identified in Article A10.2 of this contract under terms and conditions of other contracts that are compatible with this contract; f. ensure that all Consultants engaged by the Client under other contracts carry professional liability insurance coverage; g. provide any legal,accounting and insurance counseling services as may be necessary at any time for the Project, including such auditing services as the Client may require to verify the contractor's applications for payment or to ascertain how or for what purpose the contractor uses the monies paid by or on behalf of the Client; and 85 h. provide reports and appropriate professional recommendations of specialist Consultants if required by the Architect. • The Client agrees that, should the construction contract include provision that any dispute between the Client and the contractor may be finally resolved by arbitration,the construction contract shall include provisions satisfactory to the Architect that: a. require the Client and contractor to notify the Architect in writing of any arbitration and of any matters in dispute that affect the Architect; b. provide that, upon receipt of the notice in GC4.5.1 above, the Architect shall have the option to participate in the arbitration as a party; c. provide that, in the event that GC4.5.1 and GC 4.5.2 above are not complied with,the Client and contractor agree to not pursue any claim against the Architect arising from matters resolved by the arbitration. Fee For Services: L360 ARCHITECTURE has developed this project using the Ontario Architect Association Guide to Determining Appropriate Fees For the Services of An Architect, and based on our experience that the construction budget based on discussions with local Construction companies should be set at$1,600,000.00 for both sides. Should the project budget increase from this figure due to the current scope of work being changed, L360 ARCHITECTURE will adjust our proposed fee by charging 9.5% on the difference between the tendered amount and the budget used. This adjustment would cover the cost for all consultants stated in this proposal. (disbursements and taxes are additional) • All fees quoted do not include applicable taxes and will be invoiced periodically throughout each phase shown in the Summary of Fees. • All disbursements not specifically included in the fee are in addition to the fee quoted. Disbursements made to third parties not specifically included in the fee are subject to a 10% administrative fee. Other disbursement charges are provided on the attached Schedule of Disbursements. • All fees as invoiced are due and payable 30 days from invoice date. Please note that failure to receive payment within 30 days will result in a stoppage of services provided by the Consulting team. Summary of Basic Services Fees: Total Fees for Total Project:$139,275.00(not including H.S.T and disbursements) Part A: Southeast Location: Architectural $27,255.00 Structural Engineering - $ 10,000.00 Civil Engineering- $ 7,000.00 Cost Consultant $ 7,000.00 Mechanical Engineering— Including Current SB10 Review $ 3,500.00 Electrical Engineering- $ 3,500.00 Fixed Fee: (Does Not Include H.S.T.) $ 58,255.00 86 Part B: Northeast Location: Architectural $41,320.00 Structural Engineering - $ 18,700.00 Civil Engineering - $ 7,000.00 Cost Consultant $ 7,000.00 Mechanical Engineering - $ 3,500.00 Electrical Engineering- $ 3,500.00 Fixed Fee: (Does Not Include H.S.T.) $81,020.00 Fee Breakdown in Service Phases Schematic design phase 20% Design development phase 20% Construction documents phase 25% Bidding or negotiating phase 5% Construction phase 30% Items NOT included in this fee proposal are to be charged at hourly rates as required - Soils Engineering/Soil Testing Budget $7,000.00 - Abatement Consultant $6,500.00 - Reimbursable Charges as listed in attached Schedule of Disbursements Authorization to proceed: Should you be in agreement with the scope and terms of this Confirmation of Assignment, as authorization to proceed please provide L360 ARCHITECTURE the following: x a signed copy of the Confirmation x a retainer to be invoiced in the amount of$15% plus 13% HST Upon authorization, this proposal will then be placed as an appendix within the standard Ontario Association of Architects Document 600 Contract Between Owner and Architect. Ms. Julie Gonyou Date Chief Administrative Officer Mr. Dave Mennill Date Warden Attachments The following documents are to be read in conjunction with and form part of the Confirmation of Assignment. 1. OAA Document 600 General Conditions Excerpt 87 OAA Document 600 General Conditions Excerpt DEFINITIONS The following Definitions apply to this contract. References to the singular shall be considered to include the plural as the context requires. Architect is the entity identified in Article A3 which is the holder of a Certificate of Practice issued by the OAA. Client is the person or entity identified in Article A2. Construction Cost is the total cost of the Work to the Client to construct all elements of the Project designed or specified by, or on behalf of, or as a result of, the coordination by the Architect, including construction contract price(s), cash allowances included in the construction contracts, building permit fees, changes during construction, contractors general conditions costs, overhead and profit, construction management fees or other fees for the coordination and procurement of construction services, and all applicable taxes, including the full amount of value-added taxes, whether recoverable or not. The Construction Cost does not include the compensation of the Architect and the Consultants, land cost, land development charges or other professional fees,which are the responsibility of the Client. Construction Documents consist of drawings, specifications and other documents appropriate to the size and complexity of the Project, to describe the size and character of the Project including architectural and where applicable structural, mechanical, and electrical systems, materials and such other elements setting forth in detail the requirements for the construction, enlargement or alteration of the building or buildings and any related components comprising the Project. Consultant is a person or an entity engaged by the Client or the Architect to provide services supplementary to those provided by the Architect. Consultant Coordination consists of- managing the communications between Consultants and with the Client,and •providing direction as necessary to give effect to any design decisions taken, and •reviewing the product of the Work to assist in identifying conflicts and to monitor compliance with directions. Contingency means an amount calculated as a percentage of the Construction Cost to cover unknowns or changing factors of cost and include: (1) escalation Contingency to cover price escalation from the time of an estimate to the time of bidding, (2) design Contingency for design development factors prior to construction and(3) construction Contingency to cover unforeseen changes during construction. Electronic Documents are one of the formats in which Instruments of Service may be provided by the Architect.Electronic Documents refer to portable document files (PDF - non-editable)but do not include computer-aided design documents (e.g. CAD or BIM—editable files)unless otherwise agreed in writing. Estimate of Construction Cost is a statement of the approximate total Construction Cost as defined, based on current area,volume or similar conceptual techniques and includes Contingencies as defined. General Review means review during visits to the Place of the Work(and where applicable, at locations where building components are fabricated for use at the Project site) at intervals appropriate to the stage of the construction that the Architect in its professional discretion, considers necessary to become familiar with the progress and quality of the Work and to determine that the Work is in general conformity with the construction contract documents, and to report, in writing, to the Client, contractor and chief building official. 88 Instruments of Service are the paper or non-editable Electronic Documents which comprise the design, drawings, specifications and reports prepared by or on behalf of the Architect or Consultant, including but not limited to plans, sketches, drawings, graphic representations and specifications and materials which are prepared for the approval of the Client and the authorities having jurisdiction and for construction, but do not include software systems, databases, computer programs, or computer-aided design documents (e.g. CAD or BIM—editable files)unless otherwise agreed in writing. Place of the Work is the designated site or location of the Work identified in the construction contract documents. Project as described in this contract means the total enterprise or endeavor contemplated of which the Work may be the whole or a part. Substantial Performance of the Work means substantial performance of the contract as defined under the Construction Lien Act. Where the Place of the Work is located outside of Ontario, Substantial Performance of the Work shall be as defined in the lien legislation applicable to the Place of the Work, or in the absence of such legislation it shall mean the date the Work is ready for the purpose intended. Toxic or Hazardous Substances or Materials means any solid, liquid, gaseous, thermal or electromagnetic irritant or contaminant, and includes, without limitation, pollutants, moulds, asbestos, bio-contaminants, biohazards and nuclear, and hazardous and special wastes whether or not defined in any federal,provincial, territorial or municipal laws, statutes or regulations. Work means the total construction and related services required by the construction contract documents. GC5BUDGET,ESTIMATES AND CONSTRUCTION COST 5.1 The Client's budget for the Construction Cost is provided initially and may be adjusted throughout the Project as required under GC 4.2. Initial evaluations of the Client's budget for the Construction Cost, the preliminary Estimate of Construction Cost and updated Estimates of Construction Cost where prepared by the Architect, represent the Architect's judgement as a design professional. It is recognized however that neither the Architect nor the Client has control over the cost of labour, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Client's budget for the Construction Cost or from any Estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2 If at any time the Architect's Estimate of Construction Cost exceeds the Client's budget for the Construction Cost, the Architect shall make appropriate recommendations to the Client to adjust the Project's size, quality or budget for the Construction Cost, and the Client shall cooperate with the Architect in making such adjustments. 5.3 When engaged to provide Estimates of Construction Cost, the Architect shall be permitted to include Contingencies for (1) escalation (2) design and (3) unforeseen changes during construction. The Architect's Estimate of Construction Cost shall be based on current area, volume or similar conceptual techniques. If the Client requests detailed cost estimating services, the Architect shall provide such services as an Additional Service. 5.4 If the bidding or negotiation phase has not commenced within three months after the Architect submits the Construction Documents to the Client, the agreed Estimate of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Client and the date on which bids or proposals are sought. 89 5.5 If the lowest compliant bid or lowest negotiated proposal exceeds the latest agreed Estimate of Construction Cost the Client shall provide: .I written approval of an increase in the budget for the Construction Cost,or .2 authorization for re-bidding or re-negotiating of the proposal,or .3 co-operation with the Architect in revising the Project size or quality as necessary to reducethe Construction Cost,or .4 termination of this contract in accordance with GC 10 if the Project is abandoned. If the Client proceeds under GC5.5.3, and the extent to which the lowest compliant bid or lowest negotiated proposal exceeds the latest agreed Estimate of Construction Cost by more than 15% and is not due to extraordinary market conditions or other factors not reasonably foreseeable by or under the control of the Architect, then the Client may require the Architect to modify the Construction Documents or provide other services necessary to reduce the Construction Cost to within 15% of the latest agreed Estimate of Construction Cost for no additional fee. Such modification of the Construction Documents to that extent shall be the limit of the Architect's responsibility under GC5.5.3, and having made such modifications, the Architect shall be entitled to compensation in accordance with this contract, for all other services performed,whether or not the construction phase is commenced. 5.6 Where the latest agreed Estimates of Construction Cost referred to in GC 5.6 is provided by a Consultant engaged by the Client,modifications to the Construction Documents described in GC 5.6 shall be an Additional Service. GC6 CONSTRUCTION PHASE SERVICES 6.1 The extent of the duties, responsibilities and limitations of authority of the Architect as the Client's representative during construction shall be modified or extended only with the written consent of the Client and the Architect. 6.2 When engaged for services during the construction phase the Architect shall: .I be a representative of the Client; .2 advise and consult with the Client; .3 have the authority to act on the Client's behalf to the extent provided in this contract, have access to the Work at all times wherever it is in preparation or progress; .4 forward all instructions from the Client to the contractor; .5 have the authority to reject Work which does not conform to the construction contract documents, and whenever, in the Architect's opinion, it is necessary or advisable for the implementation of the intent of the construction contract documents, have the authority to require special inspection or testing of Work, whether or not such Work has been fabricated,installed or completed;and .6 have the authority to order minor adjustments in the Work which are consistent with the intent of the construction contract documents, when these do not involve an adjustment in the construction contract price or an extension of the construction contracttime. 6.3 When engaged to provide payment certification, the issuance of a certificate for payment shall constitute a representation by the Architect to the Client, based on the Architect's General Review and on review of the contractor's schedule of values and application for 90 payment, that the Work has progressed to the value indicated; that to the best of the Architect's knowledge, information and belief, the Work observed during the course of General Review is in general conformity with the construction contract documents and that the contractor is entitled to payment in the amount certified. Such certification is subjectto: .1 review and evaluation of the Work as it progresses for general conformity as provided in the services described in this contract; .2 the results of any subsequent tests required by or performed under the construction contract documents; .3 minor deviations from the construction contract documents being corrected prior to completion; and .4 any specific qualifications stated in the certificate for payment. 6.4 The issuance of the certificate for payment shall not be a representation that the Architect has made any examination to ascertain how and for what purpose the contractor has used the monies paid on account of the contract price, or that the contractor has discharged the obligations imposed on the contractor by law, or requirements of the Workplace Safety Insurance Board, or other applicable statute, non-compliance with which may render the Client personally liable for the contractor's default. GC7 COPYRIGHT AND USE OF DOCUMENTS 7.1 Copyright for the Architect's Instruments of Service belongs to the Architect. The Architect's Instruments of Service shall remain the property of the Architect whether the Project for which they are made is executed or not, and whether or not the Architect has been paid for the services. Alteration of the Architect's Instruments of Service by the Client or any other person is prohibited without a written license from theArchitect. 7.2 Submissions or distribution of the Architect's Instruments of Service, including all Electronic Documents, to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's reserved rights. 7.3 The Client may retain copies of the Architect's Instruments of Service, including non- editable Electronic Documents, for information and reference in connection with the Client's use and occupancy of the Project. 7.4 Copies of the Architect's Instruments of Service may be used only for the purposes intended and for a one-time use, on the same site, and for the same Project, by this Client only and may not be offered for sale or transfer without the express written consent of the Architect. The Architect's Instruments of Service, including non- editable Electronic Documents, may be used for renovations, additions or alterations to this Project, but shall not be used for renovations, additions or alterations to any other project without a written licence from the Architect permitting the use of the Instruments of Service for such additional purposes. 7.5 As a condition precedent to the use of the Architect's Instruments of Service for the Project, all fees and reimbursable expenses, including all fees and expenses of suspension or termination,due to the Architect,are required to be paid in full. 91 GC8 LIABILITY OF THE ARCHITECT 8.1 The Architect carries professional errors and omissions liability coverage, and the policy is available for inspection by the Client upon request. 8.2 The Client agrees that any and all claims, whether in contract or tort, which the Client has or hereafter may have against the Architect in any way arising out of or related to the Architect's duties and responsibilities pursuant to this contract, shall be limited to coverage and amount of professional liability insurance carried and available to the Architect for the payment of such claims at the time the claim is made. Prior to the date of execution of this contract, if the Client wishes to increase the amount of the coverage of such policy or to obtain other special insurance coverage, then the Architect shall cooperate with the Client to obtain such increased or special insurance at the Client's expense. 8.3 The Architect shall be entitled to rely upon software and product information published by manufacturers and shall not be held liable for relying on information or representation which it reasonably believes to be accurate. 8.4 The Architect shall not: .1 be required to make exhaustive or continuous on-site reviews; .2 be responsible for acts or omissions of the contractor, subcontractors, suppliers or any other persons performing any of the Work, or for failure of any of them to carry out the Work in accordance with the construction contract documents; .3 have control, charge, or supervision, or responsibility for construction means, methods, techniques, schedules, sequences or procedures, or, for safety precautions and programs required in connection with the Work, .4 be responsible for any and all matters arising from Toxic or Hazardous Substances or Materials,and .5 be liable for the result of any interpretation or finding rendered in good faith in accordance with the construction contract documents. 8.5 The Client acknowledges that either the Architect or the Client may engage Consultants on behalf of and for the benefit and convenience of the Client; and agrees that the Architect shall not be liable to the Client, in contract or in tort, for the acts, omissions or errors of Consultants engaged by the Client identified in Article A10.2 or the Consultants described in GC 4.3 engaged on behalf of the Client. Nothing in this clause shall derogate from the Architect's duty of Consultant Coordination. 8.6 The Client shall not commence any claim or proceeding in contract, tort, breach of statutory duty or otherwise against any current or former employee, officer or director of the Architect arising out of negligent, wrongful or intentional acts, omissions or errors of such person pursuant to this contract. 8.7 The Client agrees that the Architect shall not be responsible in contract or in tort for any changes made by others to the Architect's design or the Construction Documents. GC9 SUSPENSION OF SERVICES 9.1 If the Client lacks the financial ability or authority to proceed,the Client may give seven(7) days written notice to the Architect that the Client elects to suspend the Architect's services. 92 9.2 If any invoice submitted by the Architect remains unpaid by the Client for forty-five (45) days or more from the date the invoice was submitted, then the Architect may give seven (7) days written notice to the Client that the Architect will suspend services. 9.3 The Architect may suspend services on the Project: 1 if within seven (7) days of delivery of the notice in GC9.2, the Client has not paid the Architect's invoice, or the Architect and the Client have not agreed in writing on terms for payment of the invoice,or .2 if construction of the Work proceeds in the absence of a building permit and without the chief building official dispatching building officials to the site or, if the Architect becomes aware of an action taken by the Client which violates applicable building codes or regulations. 9.4 In either of the events of GC9.3 the Client shall not have any claim whatsoever against the Architect for any loss, cost, damage, or expense incurred or anticipated to be incurred by the Client as a result of the suspended services. 9.5 The rights of the Architect given by GC9.3 are in addition to and not in substitution for any other rights the Architect may have under this contract or otherwise for non-payment of the Architect's invoices by the Client. 9.6 In the event of a suspension of services, the Architect shall not be liable for delay or damage as a result of the suspension of services. Upon suspension, the Architect shall submit an invoice for all services performed to the effective suspension date, together with reimbursable expenses and applicable taxes then due. Before resuming services, the Architect shall be entitled to payment, within thirty (30) days of the date that the invoice for suspension of services is submitted, for all suspension expenses as defined in GC9.7 and for all expenses for recommencement of services. The Architect's fees for the remaining services and time schedules shall be adjusted accordingly. 9.7 Suspension expenses include expenses directly attributable to suspension of the Project for which the Architect is not otherwise compensated, including costs attributed to suspending the Architect's contractual and employee commitments. GC10 TERMINATION OF SERVICES 10.1 This contract is terminated on the earliest of: .1 completion of the services .2 termination in accordance with GC10. .3 one year from the date of certification of Substantial Performance of the Work;or .4 one year from the date of completion of the Work. 10.2 This contract may be terminated by either party upon not less than seven (7) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 10.3 This contract may be terminated by the Client upon at least seven (7) days written notice to the Architect in the event that the Project is abandoned. 10.4 If the Project is suspended or abandoned in whole or in part for more than a total of sixty (60) days, it shall be deemed to be abandoned and treated in accordance with Article GC 10.2. 93 10.5 In the event of termination, the Architect shall be paid, within thirty (30) days of the date that an invoice is submitted, for all services performed to the effective termination date, together with reimbursable expenses and applicable taxes then due, and for all termination expenses as defined in GC10.6. 10.6 Termination expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit calculated as 10% of the value of the services remaining to be performed by the Architect or such other amount as may be mutuallyagreed. GC11 PAYMENTS TO THE ARCHITECT 11.1 An invoice submitted by the Architect under this contract is due and payable when submitted to the Client. Payments for the Architect's services shall be made on account for invoices as described in Article A11 of this contract and, where applicable, shall be in proportion to services performed within each phase of the service. 11.2 The Client shall pay the Architect for all reimbursable expenses plus an administrative charge as identified in Article A13 of this contract. 11.3 Reimbursable expenses include the following actual expenditures, supported by receipts or invoices, incurred by the Architect, and the Architect's Consultants in the interest of the Project: 1 transportation in connection with the Project for authorized travel, e.g. for transportation,lodging and meals; .2 communication and shipping, e.g. for long distance telephone calls and facsimile messages,courier service,postage and electronic conveyances; .3 reproduction of Instruments of Service,photographs,and other documents; .4 web-based project management services,specifically requested by the Client; .5 fees, levies, duties or taxes for permits, licences or approvals from authorities having jurisdiction; .6 premiums for additional insurance coverage or limits, including that of professional liability insurance, requested by the Client in excess of that normally carried by the Architect and the Architect's Consultants; and .7 other Project related expenses approved by the Client prior to expenditure. 11.4 No deductions shall be made by the Client from amounts payable to the Architect on account of penalty, liquidated damages, or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect is proven to be legally responsible or has agreed to pay. 11.5 Variance from the Client's budget for the Construction Cost established under this contract shall not constitute grounds for the Client to withhold fees due to the Architect. 11.6 When a percentage-based fee is used as the method for determining the Architect's fee,the basis for calculating the applicable portion of the fee for each phase of the Architect's services shall be based on Article Al2 of this contract. 11.7 When a percentage-based fee is used and any parts of the Project are deleted or otherwise not constructed the Construction Cost shall be the Estimate of Construction Cost as determined by the Architect, or as agreed by the Architect if a cost Consultant is engaged, at market rates at the anticipated time of construction. 94 11.8 If and to the extent that the contract time initially established in the construction contract is exceeded or extended through no fault of the Architect, fees for services required for such extended period of the construction contract administration shall be adjusted and computed as set forth in Article All of this contract or as otherwise mutually agreed with the Client. 11.9 The Client shall pay to the Architect, together with, and in addition to, any fees and reimbursable expenses, value added taxes that are, or become, payable as required by legislation. 11.10 If this contract requires the Architect to provide services both before and after the commencement of the Work and the Client is retaining holdback pursuant to the Construction Lien Act(Ontario) from payments to the Architect, then, for purposes of the Construction Lien Act (Ontario), this contract shall be deemed to be divided into two (2) contracts, with the terms and conditions of this contract applying with necessary modifications to both deemed contracts as follows,with: .1 a contract for the provision of the Architect's services up to and including the commencement of the Work; and .2 a contract for the provision of the Architect's services after the commencement of the Work. GC12 MISCELLANEOUS CONDITIONS 12.1 The addresses for official notice shall be as stated in Article A2 and A3. Notices in writing between the parties shall be considered to have been received by the addressee on the date of delivery if delivered to the individual, or to a member of the firm,or to an officer of the corporation for whom they are intended, by hand or by registered post; or if sent by regular post, to have been delivered five (5) working days from the date of mailing; or if sent by electronic conveyance during the transmission of which no indication of failure of receipt is communicated to the sender, deemed to have been received on the date of its transmission provided that if such day is not a working day or if it is received after the end of normal business hours on the date of its transmission at the place of receipt, then it shall be deemed to have been received at the opening of business at the place of receipt on the first working day next following the transmission thereof. 12.2 The Architect shall be entitled to sign the building by inscription, or otherwise, on a permanent,suitable and reasonably visible part of the building. 12.3 The Architect shall be entitled to include as part of the construction contract documents a provision to erect a sign identifying the Architect and the Architect's Consultants at the Place of the Work. In some instances, the Client may also be represented on the sign. Graphics on the sign may also include a reproduction of a rendering of the Project. 12.4 If any provision of this contract is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from this contract and the other provisions shall remain in full force and effect. 12.5 This contract shall be governed by the law of the Province of Ontario. 12.6 The Client and the Architect respectively bind themselves, their partners, successors, assigns and legal representatives to the other party to this contract and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this contract. Except as otherwise provided herein, neither the Client nor the 95 Architect shall assign, sublet, or transfer an interest in this contract without the written consent of the other. Consent to such assignment or transference shall not be unreasonably withheld. 12.7 This contract represents the entire and integrated contract between the Client and the Architect and supersedes all prior negotiations, representations, or contracts, either written or oral. This contract may be amended only in writing signed by both the Client and the Architect. 96 REPORT TO COUNTY COUNCIL A110ft Wu FROM: Brian Lima Director of Engineering lkkh Services �, out.„ , r �u ,z DATE: August 31, 2020 Progressive by Nature SUBJECT: Engineering Services for the Port Bruce Bridge Replacement Expanded Scope of Work RECOMMENDATION: THAT the report titled "Engineering Services for the Port Bruce Bridge Replacement Expanded Scope of Work" from the Director of Engineering Services dated August 31, 2020, be received and filed; and, THAT the provision of engineering services associated with the Port Bruce Bridge Replacement previously awarded to K. Smart Associates Limited Consulting Engineers and Planners be increased in the amount of $119,585.77 (excluding HST). INTRODUCTION: On Friday, February 23, 2018 the Imperial Road Bridge over Catfish Creek in the village of Port Bruce collapsed. Approximately six months following the bridge collapse, the collapsed structure was substantially removed and a temporary single span panel bridge was installed to restore vehicular and pedestrian passage. The next step in the process to permanently replace the collapsed structure involved the issuance of Request for Proposal No. 2018-33 that competitively acquired the services of an engineering consulting firm. Following completion of a `Quality Based' evaluation and selection process in accordance with the RFP, the proposal submission from K. Smart Associates Limited Consulting Engineers and Planners was deemed the successful qualified proponent and was subsequently award the assignment by Council. County Council directed staff to provide regular updates on the progress of this project. The following report provides justification for the required increase to the scope of engineering services, and provides project update, including the costs incurred to date associated with both the collapsed and temporary bridges. 97 DISCUSSION: At its meeting on January 14, 2019 Council awarded K. Smart Associates Limited Consulting Engineers and Planners (hereinafter referred to as K.Smart) the engineering assignment to undertake the required municipal class environmental assessment, preliminary and detailed designs, tendering, and contract administration following the Port Bruce, Imperial Road bridge collapse. As part of the County's Imperial Road Port Bruce Bridge at Catfish Creek Municipal Class Environmental Assessment process, and included as part of K.Smart's original engineering scope of services, K.Smart retained Detritus Consulting Limited as their archaeological specialist sub-consultant to complete a desktop Stage 1 background study and property inspection archaeological assessment in accordance with the provincial Ministry of Tourism, Culture, and Sport guidelines. Required as part of such assessment, Detritus determined based on their geographic, land use and historical research that there was a potential for archaeological sites. Accordingly, a Stage 2 archaeological assessment had to be undertaken. The Stage 2 archaeological assessment involved physical inspection and surveying the project location to identify any archaeological resources to be impacted by the project. Upon completion of the Stage 2 archaeological property assessment field work, five locations containing both Pre-contact Aboriginal material as well as Euro-Canadian historic artifacts were identified. Due to the quantity of artifacts recovered, in accordance with the ministry's Standards and Guidelines a further Stage 3 site assessment of the five locations had to also be completed. As part of a Stage 3 site-specific assessment, Detritus accurately determined the size of the archaeological site, evaluated its cultural heritage value or interest and, where necessary, made recommendations of a final Stage 4 mitigation (either excavation or avoidance) strategy as detailed in their final report submitted to the Ministry of Tourism, Culture, and Sport, and also included in the final Imperial Road Port Bruce Bridge at Catfish Creek Municipal Class Environmental Assessment filed with the Ministry of Environmental, Conservation and Parks. All additional aforementioned assessment stages completed to satisfy Ministry requirements, along with required proactive Aboriginal consultation efforts with field liaison representatives from all consulted Aboriginal communities resulted in additional consulting engineering service costs above and beyond K.Smart's original scope of services. Further, the COVID-19 pandemic has resulted in delays associated with material supply, fabrication and subsequently delivery of the required steel bridge girders. Such delays ultimately also affects K.Smart's contract administration and construction inspection service provision. During preparation of their RFP engineering services proposal, a 25-week construction duration was assumed. Whereas in reality and based 98 upon Hayman Construction Inc.'s recent updated project schedule, the anticipated construction duration will be closer to 40 weeks. Despite these delays and weather dependent, Hayman Construction Inc. still anticipates bridge construction to be substantially completed and reopened to the public by year's end. Final restoration including top coat asphalt may however need to be deferred and completed in the spring of 2021. FINANCIAL IMPLICATIONS: In accordance with the County of Elgin's Purchasing Policy, if change orders are required and the cost increases above the amount approved by Council by more than 10%, staff recommends that the provision of engineering services associated with the Port Bruce Bridge Replacement previously awarded to K. Smart Associates Limited Consulting Engineers and Planners be subsequently increased in the amount of $119,585.77 (excluding HST), for a projected project total of $328,371.77 (excluding HST) as detailed below: Engineering Services' $ 213,486.00 Stage 2 Archaeological Assessment $ 2,900.00 Stage 2 Archaeological Assessment $ 32,430.00 Aboriginal Consultation $ 5,583.77 Contract Administration 2— additional 15 weeks $ 78,672.00 Total Projected Consulting Engineering Services Costs $ 333,071.77 'Per K.Smart engineer services proposal dated November 15, 2018 and as awarded by Council on January 14, 2019. 2Includes 8 bi-weekly construction progress meetings, construction inspection, preparation of progress certificates, material testing coordination, fish salvage and transfer during construction, and contract engineering inquiries. The following summary is a further projection of anticipated project costs provided for review and will be confirmed throughout the project: Engineering $ 333,071.77 Construction $ 5,089,821.94 Material Testing $ 15,000.00 Net HST (1.76%) $ 95,360.21 Total Projected Costs $ 5,533,253.92 Approved Capital Budget $ 8,115,500.00 Expenditures to Date4 (as of August31, 2020) $ 5,154,636.00 Forecast Budget Surplus/(Deficit) ($ 106,194.63) 99 3Inclusive of$250,000 contingency allowance. 4Inclusive of all expenses incurred to date, including with the installation of the temporary bridge and boat launch. If required, additional project funding to offset the projected deficit will be accounted for in the 2021 Capital Budget subject to Council's approval. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin ® Ensuring alignment of ❑ Planning for and ® Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, resources, and need. and agricultural growth. infrastructure to deliver programs and services ® Exploring different ❑ Fostering a healthy now and in the future. ways of addressing environment. community need. ❑ Delivering mandated ❑ Enhancing quality of programs and services ® Engaging with our place. efficiently and community and other effectively. stakeholders. LOCAL MUNICIPAL PARTNER IMPACT: Delays associated with material supply, fabrication and delivery of the required steel bridge girders offered Hayman Construction Inc. the ideal opportunity to commence bridge approach work sooner than they had originally scheduled, so as to avoid a delayed completion date and impacts to Township of Malahide's upcoming winter maintenance season. COMMUNICATION REQUIREMENTS: None. Port Bruce residents, business owners, and visitors are encourage to visit the Count 's Project website Il ii. ^Il .liu �.,uu i :: ^u .liu ^u liu ei vl((. ^ pp.t..11 irw:. ... Il [iidgg to obtain weekly progress status updates and view construction progress photos. 100 CONCLUSION: On Friday, February 23, 2018 the Imperial Road bridge over Catfish Creek in the village of Port Bruce collapsed. Following installation of a temporary bridge, K. Smart Associates Limited Consulting Engineers and Planners was awarded the engineering services for the replacement of the Port Bruce bridge. Additional archaeological assessment requirements and ongoing delays associated with material delivery resulting from the CVOID-19 pandemic, results in the need to increase the scope of engineering services for the balance construction duration of the project. All of which is Respectfully Submitted Approved for Submission Brian Lima Julie Gonyou Director of Engineering Services Chief Administrative Officer 101 REPORT TO COUNTY COUNCIL �Yrt a FROM: Brian Lima County Engineer Stephen Gibson, County Solicitor DATE: September 1, 2020 Progressive by Nature SUBJECT: Elgin/Graham Scott Enns LLP — Short Term Rental — Storage Room 343-A RECOMMENDATION(S): 1. THAT, for the period August 1, 2020 to July 31, 2021, and at a basic annual rent of $936.00, County Council approve the short-term rental of Room 343-A in the County Administration Building, 450 Sunset Drive, St. Thomas, Ontario, to Graham Scott Enns, for the sole purpose of temporary storage space; 2. THAT, County Council approve incorporation of the terms and conditions of such short-term rental arrangement into a Memorandum of Understanding prepared by the County Solicitor; and, 3. THAT, County Council authorize the Warden and Chief Administrative Officer to execute such Memorandum of Understanding prepared by the County Solicitor. INTRODUCTION: Graham Scott Enns seeks short-term rental of Room 343-A in the County Administration Building, specifically for the period August 1, 2020 to July 31, 2021, and for the sole purpose of storage, to facilitate renovation of its offices to accommodate social distancing amongst its employees. 102 DISCUSSION: Graham Scott Enns is an anchor commercial tenant within the County Administration Building. The current 10-year Lease Agreement commenced on January 1, 2019, and continues until December 31, 2028. Graham Scott Enns requires a short-term increase in rental space to store equipment, furnishings, and related business chattels while existing offices are renovated to accommodate social distancing amongst employees. Elgin can accommodate such short-term storage requirement in Room 343-A, having an area of 120 sq. ft. and which unit is already designated for potential future leasing opportunities. In light of the temporary nature of the proposed rental arrangement, the County Solicitor recommends use of a Memorandum of Understanding allowing for such increase in rented area under the Lease Agreement rather than a full Amending Agreement, which approach was previously adopted in short-term rental of available office space to the Municipality of Central Elgin for occupation by its Engineering Services Department while existing offices were renovated. Graham Scott Enns has agreed with the concept and proposed terms of the said Memorandum of Understanding, including an annual basic rent of $936.00 (exclusive of HST), to be paid in full upon execution of such Memorandum of Understanding. FINANCIAL IMPLICATIONS: Basic annual rent of $936.00 to be paid by Graham Scott Enns to Elgin upon execution of the afore-noted Memorandum of Understanding 103 ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin ❑ Ensuring alignment of ❑ Planning for and ❑ Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, resources, and need. and agricultural growth. infrastructure to deliver programs and services ❑ Exploring different ❑ Fostering a healthy now and in the future. ways of addressing environment. community need. ❑ Delivering mandated ❑ Enhancing quality of programs and services ® Engaging with our place. efficiently and community and other effectively. stakeholders. LOCAL MUNICIPAL PARTNER IMPACT: None COMMUNICATION REQUIREMENTS: None CONCLUSION: Against the above Discussion and Analysis, Elgin is in a position to accommodate a reasonable request from an anchor tenant for short-term storage space to facilitate office renovations to meet COVID-19 social distancing requirements within the existing workplace. All of which is Respectfully Submitted Approved for Submission Julie Gonyou Brian Lima County Engineer Chief Administrative Officer Stephen Gibson, County Solicitor 104 REPORT TO COUNTY COUNCIL A110ft �u FROM: Katherine Thompson, Supervisor of lkkh Legislative Services and Community Relations �, e.r ;„ , r Lu .z DATE: August 24t" 2020 Progressive by Nature SUBJECT: Connectivity Committee Appointment RECOMMENDATION: THAT the August 29t", 2020, report titled, Connectivity Committee Appointment, submitted by the Supervisor of Legislative Services and Community Relations, be received and filed for information; and, THAT Joshua Kiirya be appointed as a Community Member of the Connectivity Committee. INTRODUCTION: At its meeting held on August 11t"7 2020 Council appointed three Community Members to the Connectivity Committee. Since this meeting staff have received an additional application for Council's Consideration. There are currently 5 vacancies on the Committee. DISCUSSION: Staff are recommending that Council consider appointing the following applicant as a Community Member on the Connectivity Committee: Joshua Kiirya — Mr. Kiirya has a Masters Degree in Information Systems and has experience working in the telecom and networking industries. He has a background in finance and project management and is a passionate and dedicated community volunteer. Staff believe that this skill set will be an asset to the Committee. Mr. Kiirya's full application is attached to this report. 105 FINANCIAL IMPLICATIONS: There are no direct costs associated with appointing Committee members. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin ❑ Ensuring alignment of ❑ Planning for and ® Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, resources, and need. and agricultural growth. infrastructure to deliver programs and services ❑ Exploring different ❑ Fostering a healthy now and in the future. ways of addressing environment. community need. ❑ Delivering mandated ® Enhancing quality of programs and services ❑ Engaging with our place. efficiently and community and other effectively. stakeholders. Additional Comments: Establishing a Connectivity Committee is one of Council's action items under the enhancing quality of life priority. LOCAL MUNICIPAL PARTNER IMPACT: Committee appointees will not have a direct impact on any particular Municipal Partner; however, the Committee's mandate of improving connectivity in Elgin will benefit all underserved rural areas across the County. COMMUNICATION REQUIREMENTS: Applicants will be notified by letter of their appointments and staff will continue to advertise for remaining Committee vacancies. 106 CONCLUSION: An orientation session for the Connectivity Committee has been scheduled for September 9, 2020. Staff recommend that Council consider appointing Mr. Kiirya to the Connectivity Committee so that he may be included in this session. All of which is Respectfully Submitted Approved for Submission Julie Gonyou Katherine Thompson Chief Administrative Officer Supervisor of Legislative Services and Community Relations 107 ZUZU-ZUll Application for P Citizen Appointments to Boards �' r u and Committees Pro,gressfve by Nature GET INVOLVED IN AN ELGIN COUNTY BOARD OR COMMITTEE Volunteering on a board or committee is a great way to share your ideas, expertise and enthusiasm with your local government. As a member, you will be able to provide advice to County Council and staff and contribute to the development of policies, programs and initiatives that will help enhance Elgin County. Whatever your area of interest, there is a board or committee that would benefit from your input and involvement. Residents and Business Owners of Elgin County are encouraged to apply for the following Boards or Committees: COMMITTEE: Connectivity Committee #Vacancies: 8 Assist the Connectivity Committee in meeting its project targets, including, but not limited to: • Identifying broadband and internet initiatives; • Championing high-speed connectivity across the County; • Interfacing with and consulting with stakeholders; • Providing feedback and input into policy development, as required; • Encouraging investments that will provide higher connectivity speeds within Elgin County; • Creating an environment that facilitates open, competitive and innovative services and applications, • Maximizing the efficient investment of both public and private sector funding to improve connectivity throughout Elgin County; • Developing tools to assist with attraction of broadband infrastructure investments; • Working with local municipal partners, schools and health sector throughout Elgin to improve research, innovation and education capabilities in the County; • Engaging public and private sector stakeholders to investigate opportunities for partnerships that promote Broadband development and access for residents, businesses and institutions; • Investigating infrastructure investment priorities, and • Reviewing and refining specific goals,outcomes and timelines for short-term and medium-term priorities. Ski IIs/Qualifications: Technical knowledge of broadband and internet services (information technology, wired internet service provision,wireless internet service provision), preferred; and finance and project management skills. Citizen appointments to Committees listed in this By-Law must be at least 18 years or older, a landowner/business owner in the County of Elgin,and be one of the following: 0} A Canadian Citizen;or (li) Permanent Resident, a person who has been given permanent resident status by immigrating to Canada but is not a Canadian Citizen, and has resided in Elgin County for at least one year; (lii) Appointees must maintain residence in the County of Elgin for the duration of their term of Committee ALL APPLICATIONS MUST SUBMITTED TO: Corporation of the County of Elgin c/o County CAO/Clerk 450 Sunset Drive, St.Thomas,ON. N5R 5V1 Phone: 519-631-1460 Fax: 519-633-7661 or e-mail to: caoPelgin.ca ON OR BEFORE 4:30 P M on Mrinrinv io )7 )non 108 2020 - 2022 Application for Citizen Appointments to Boards and Committees COMMITTEE & POSITION APPLICANT INFORMATION Name: Address: 919 f Home Phone: Email Address: k%W,VA ZTG& 6A ' 5 Are you a resident or business owner in Elgin County? 9 Yes ❑ No Are you 18 years of age or older? 59 Yes ❑ No QUESTIONNAIRE Why are you interested in becoming a member of Connectivity Committee? A Briefly describe your current and past community or volunteer involvement. Briefly describe skills or experience relevant to the Connectivity Committee. C_ 109 Answers to the questionnaire: A. Desire to offer my experience,technical knowledge,and abilities,to complement the connectivity committee.Also, to be able to connect with like minded team of people with a passion to offer a service to our community for the good of our community. B. I have been involved in various voluntary positions right from back home in Uganda. I live din Burlington Ontario for 8 years before relocating here after last year. In Burlington I volunteered as part of the inter faith committee for planning and coordinating Canada Day celebration activities, where we participated as a Church or umbrella of faith-based organisation. was also a youth leader for the Uganda Martyrs Church in Toronto for over 3 years. I participated as one of the organisers in collecting food for the food bank in North York,where we also prepared and served hot meals to the homeless people in North York-Toronto. Once every year,together with my wife we organised a group of Ugandan friends living in Oakville and Burlington to fund and prepare breakfast for the homeless folks in Kerr house in Oakville. C. 1 am a holder of a master's degree in information systems management,Worked with Bell Canada as a field Technician for over 2years and left only to join another networking and connectivity company that offered internet services to over 1200 hundred across the provinces. Mainly focusing on network access and connectivity for the guests as well as physical network Cabling solutions in complex structures and spaces. This was mainly to ensure adequate access and maximum speed,eliminating data pocket loss and redundancy. D. Highly knowledgeable about wire and wireless internet service provision and ability to research about new technologies leading to problem solving solutions. I am a holder of a master's degree in business management, giving me the required skills and background in finance and project management,that will be utilised if given the opportunity to a volunteer on the connectivity committee. 110 What strengths will you bring to the Connectivity Committee? Additional Information Please attach any additional information/comments to the application form. I hereby consent to the release of my address and telephone number(s). _' Yes ❑ No I hereby understand that information on this form and any supplementary information provided as part of this application is collected under the authority of the Municipal Act and is used to evaluate the qualifications of Citizen Appointees to Elgin County Committees or Boards and will become part of the public record. Direct inquiries to the CAO/Cleric at the address n elow. By/sNcbmitting this form, applicants consent to discussion of their p t na inform ti at open meetings of Council. Applicant's signature: Date: ISt 08 'c� 02 Please retu �saation form to the attention of: Corporation of the County of Elgin c/o County CAO/Clerk 450 Sunset Drive, St. Thomas ON N511 5V1 Phone: 519-631-1460 Fax: 519-633-7661 e-mail: cao@elgin.ca Personal information on this form is collected under the authority of the Municipal Act, S.O. 2001, c.25 and will be used to evaluate the qualifications for citizen appointees to the County of Elgin Boards and Committees 111 REPORT TO COUNTY COUNCIL A110ft �u FROM: Katherine Thompson, Supervisor of lkkh Legislative Services and Community Relations �, e.r ;„ , r Lu .z DATE: August 25t" 2020 Progressive by Nature SUBJECT: Environmental Advisory Committee Appointments RECOMMENDATION: THAT the August 25t", 2020, report titled, Environmental Advisory Committee Appointments, submitted by the Supervisor of Legislative Services and Community Relations, be received and filed for information; and, THAT Robert Braam, Sarah Emons, Primrose Kisuule, Kim Smale, Ray Price, and Michaela Lenz be appointed as members of the Environmental Advisory Committee. INTRODUCTION: At its meeting held on July 14t"7 2020, Council established an Environmental Advisory Committee and appointed Councillors Martyn and Jones as Council Representatives. Since this meeting staff have received six (6) applications for Council's consideration. There are six (6) spots to be filled on the Committee. If all applicants are appointed by Council, the Committee will have a full complement. DISCUSSION: According to the Committee Terms of Reference, the Advisory Committee will be comprised of members who reflect a wide range of relevant knowledge, expertise and experience with cross-sectoral representation. Staff have received applications from a diverse and qualified group of individuals. Staff are recommending that Council consider appointing the following applicants to the Environmental Advisory Committee: Robert Braam — Mr. Braam is a business owner who is passionate about local participation and environmental conservation. He is an active member of numerous environmental groups. 112 Sarah Emons — Ms. Emons is a Councillor in the Township of Southwold. She is the Chair and founder of the Southwold Zero Waste Committee. She has a BSc in Biology with a focus on Aquatic Ecology and a MSc in Environmental Science with a focus on Wetland Hydrology. Primrose Kisuule — Ms. Kisuule has a Master's degree in Environmental Management. She is an avid community volunteer with a passion for formulating policy and procedures. Kim Smale — Mr. Smale has had a lengthy career working for the Ministry of Natural Resources and Forestry and the Catfish Creek Conservation Authority. He has over 40 years of experience in the resource management and environmental fields and has been a member of numerous environmental foundations, committees and stewardship organizations. Ray Price — Mr. Price spent 40 years as a police officer in both the United Kingdom and Canada. He has travelled extensively across North America and is passionate about developing local solutions for environmental problems. Michaela Lenz — Ms. Lenz is a local business owner and holds a Master's degree in Chemical Engineering. She has extensive experience researching technical and scientific documents and is meticulous and detail oriented. Full applications can be viewed as attachments to this report. FINANCIAL IMPLICATIONS: There are no direct costs associated with appointing Committee members. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin ❑ Ensuring alignment of ❑ Planning for and ® Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, resources, and need. and agricultural growth. infrastructure to deliver programs and services ® Exploring different ® Fostering a healthy now and in the future. ways of addressing environment. community need. ❑ Delivering mandated ® Enhancing quality of programs and services ® Engaging with our place. efficiently and community and other effectively. stakeholders. 113 Additional Comments: Establishing an Environmental Advisory Committee is one of Council's action items under the Fostering a Healthy Environment strategic objective. LOCAL MUNICIPAL PARTNER IMPACT: None. COMMUNICATION REQUIREMENTS: Applicants will be notified by letter of their appointments and provided with information regarding the first meeting when a date has been determined. CONCLUSION: Staff are recommending that Council appoint six (6) applicants to the Environmental Advisory Committee, and that an inaugural meeting be scheduled for the beginning of September. All of which is Respectfully Submitted Approved for Submission Julie Gonyou Katherine Thompson Chief Administrative Officer Supervisor of Legislative Services and Community Relations 114 Robert Braam - 12343 William St. RR#1 Southwold, ON NOL 2G0 519-878-8195 -robfbraam@gmail.com Attn:Julie Gonyou, CAO of Elgin County 450 Sunset Drive, St.Thomas ON N5R 5V1 Good morning, Please find my enclosed application for a position on the Environmental Advisory Committee for Elgin County. I am both a resident and an Industrial business owner(Braam's Custom Cabinets) in Elgin County. Why are you interested in becoming a member of the Environmental Committee? I am interested in the opportunity to serve Elgin County by sharing what I've learned with Council to provide input and comments on future policies, procedures and regulations. I believe that I have some interesting and forward thinking ideas on ways to address environmental concerns in our County. Briefly describe your current and past community or volunteer involvement. I am an active member of various local environmental groups: St.Thomas Field Naturalists, London Nature, and the Thames Talbot Land Trust. Some of the work I've been involved in through these organizations includes banding birds and data collection and Hawk's Cliff data collection and rehabilitation. As a passion project I am an observation contributor for iNaturalist (which is an app for identifying and documenting local species). I am also a member of the following Provincial and National organizations: Bats International, Ontario Nature, Bird Studies Canada, Carolinian Canada and the David Suzuki Foundation. I am a supporter and have affiliations with Communities in Bloom, Ontario Soil Crop and the Ontario Federation of Agriculture. I initiated a community working group which was involved in petitioning against the Southwold solar panel project proposed by German Solar(which would have completely destroyed the natural habitat of many local at-risk species). I believe that solar energy can be a valuable asset to both our economy and our environment as long as it is carried out in a thoughtful and productive way that will not cause unnecessary harm to our local species. Briefly describe skills or experience relevant to the Environmental Committee. I have the unique perspective of understanding points of view from Farmers, Land Owners and Business Owners in our County. I believe it is important to find a way for various interest groups to come together with the common goal of environmental sustainability. I am already very familiar with our local laws and regulations; I ran for the position of councillor in the last municipal election in 2018, and I have been a regular attendee at Green Lane meetings and Southwold Township meetings, all with the position to help rehabilitate local species in Elgin County. Most importantly I have a broad knowledge of all aspects of the environmental issues that Elgin County is facing. 115 What strengths will you bring to the Environmental Committee? I believe my biggest strength is my passion to participate and support local initiatives and community groups that are addressing local conservation and environmental concerns. My activism has given me a thorough understanding of the past and present environmental state of Elgin County. I have attached a proposal that was put together for the Hon.Jeff Yurek earlier this year for a meeting to address increased preservation of natural habitat for local species at risk. I hope that you will find this example helpful in showing both my initiation and passion for addressing environmental concerns in Elgin County. Finally, I am hopeful that you will consider applications from Naturalists and members of committees across all environmental interests so that the Elgin County Environmental Advisory Committee has a balanced and unified approach to serving the interests of our County as a whole. I am grateful for your review of my application. Thank you again for your consideration. Sincerely, Robert Braam 116 too,�,lmtt%li............ 2020-2022 Application for 0,00 Citizen Appointments to Boards inCO U r r r ��� and Committees Progressiveby Nature GET INVOLVED IN AN ELGIN COUNTY BOARD OR COMMITTEE Volunteering on a board or committee is a great way to share your ideas, expertise and enthusiasm with your local government. As a member, you will be able to provide advice to County Council and staff and contribute to the development of policies, programs and initiatives that will help enhance Elgin County. Whatever your area of interest, there is a board or committee that would benefit from your input and involvement. Residents and Business Owners of Elgin County are encouraged to apply for the following Boards or Committees: COMMITTEE: Environmental Advisory Committee #Vacancies: 6 The Environmental Advisory Committee provides input, advice and makes recommendations on environmental matters affecting the County of Elgin. Members of the Environmental Advisory Committee shall: • Provide input and comments on policies, procedures and regulations of the County including any environmental issues impacting the County; • The Committee may recommend and advise Council on policies to be developed and offer suggestions for the formulation of environmental policies and comment on policies prepared by staff; • Review studies, proposals and other documents referred to the Committee by Council or staff and provide advice regarding their application; • Assist Council and staff in identifying research needs and environmental data gaps and formulating a strategy for Council's consideration. Skills/Qualifications: Members shall be selected and recruited on the basis of the following characteristics: special expertise and interest in environmental advocacy/issues; and experience, dedication and commitment to the mandate of the Committee. Citizen appointments to Committees listed in this By-Law must be at least 18 years or older,a landowner/business owner in the County of Elgin, and be one of the following: (i) A Canadian Citizen;or (ii) Permanent Resident, a person who has been given permanent resident status by immigrating to Canada but is not a Canadian Citizen, and has resided in Elgin County for at least one year; (iii) Appointees must maintain residence in the County of Elgin for the duration of their term of Committee Current Vacancies: • Four(4) members-at-large—citizen appointees • One (1) representative of an environmental and/or private sector interest group • One (1) representative of the Industrial/Commercial/Institutional Sector ALL APPLICATIONS MUST BE SUBMITTED TO: Corporation of the County of Elgin c/o County CAOIClerk 450 Sunset Drive, St.Thomas, ON. N5R 5V1 Phone: 519-631-1460 Fax: 519-633-7661 or e-mail to: cao@elgin.ca ON OR BEFORE 4:30 P.M. on Monday,August 17,2020 117 2020 - 2022 Application for Citizen Appointments to Boards and Committees COMMITTEE & POSITION APPLICANT INFORMATION Name: Sarah Emons Address: 33507 4 Line Home Phone: 226-236-4215 Email Address: councilloremons@southwold.ca Are you a resident or business owner in Elgin County? ❑ Yes ❑ No Are you 18 years of age or older? ❑ Yes ❑ No QUESTIONNAIRE Why are you interested in becoming a member of Connectivity Committee? I am interested in becoming a member of the Connectivity Committee because I believe Briefly describe your current and past community or volunteer involvement. Southwold Zero Waste Committee, Chair: I received approval from Council in 2019 to commence the Southwold Zero Waste Committee, with the goal of waste diversion Briefly describe skills or experience relevant to the Connectivity Committee. Education: BSc UW Biology, focus on Aquatic Ecology (2001) 118 What strengths will you bring to the Connectivity Committee? Additional Information Please attach any additional information/comments to the application form. I hereby consent to the release of my address and telephone number(s). ❑ Yes ❑ No I hereby understand that information on this form and any supplementary information provided as part of this application is collected under the authority of the Municipal Act and is used to evaluate the qualifications of Citizen Appointees to Elgin County Committees or Boards and will become part of the public record. Direct inquiries to the CAO/Clerk at the address noted below. By submitting this form, applicants consent to discussion of their personal information at open meetings of Council. Applicant's signature: Date: Please return this application form to the attention of: Corporation of the County of Elgin c/o County CAO/Clerk 450 Sunset Drive, St. Thomas ON N5R 5V1 Phone: 519-631-1460 Fax: 519-633-7661 e-mail: cao@elgin.ca Personal information on this form is collected under the authority of the Municipal Act, S.O. 2001, c.25 and will be used to evaluate the qualifications for citizen appointees to the County of Elgin Boards and Committees 119 2020-2022 Application for ogoo00 Citizen Appointments to Boards E1gin(­`,,­,.,�.­u and Committees Progressive by Nature GET INVOLVED IN AN ELGIN COUNTY BOARD OR COMMITTEE Volunteering on a board or committee is a great way to share your ideas, expertise and enthusiasm with your local government. As a member, you will be able to provide advice to County Council and staff and contribute to the development of policies, programs and initiatives that will help enhance Elgin County. Whatever your area of interest, there is a board or committee that would benefit from your input and involvement. Residents and Business Owners of Elgin County are encouraged to apply for the following Boards or Committees: )9 1 � � j o 6 L_ COMMITTEE: Environmental Advisory Committee #Vacancies: 6 The Environmental Advisory Committee provides input, advice and makes recommendations on environmental matters affecting the County of Elgin. Members of the Environmental Advisory Committee shall: • Provide input and comments on policies, procedures and regulations of the County including any environmental issues impacting the County; • The Committee may recommend and advise Council on policies to be developed and offer suggestions for the formulation of environmental policies and comment on policies prepared by staff; • Review studies, proposals and other documents referred to the Committee by Council or staff and provide advice regarding their application; • Assist Council and staff in identifying research needs and environmental data gaps and formulating a strategy for Council's consideration. Ski IlslQualifications: Members shall be selected and recruited on the basis of the following characteristics; special expertise and interest in environmental advocacy/issues; and experience, dedication and commitment to the mandate of the Committee. Citizen appointments to Committees listed in this By-Law must be at least 18 years or older,a landowner/business owner in the County of Elgin, and be one of the following: 0 A Canadian Citizen;or () Permanent Resident, a person who has been given permanent resident status by immigrating to Canada but is not a Canadian Citizen,and has resided in Elgin County for at least one year; Iiiii) Appointees must maintain residence in the County of Elgin for the duration of their term of Committee Current Vacancies: • Four(4) members-at-large--citizen appointees • One (1) representative of an environmental and/or private sector interest group • One (1) representative of the Industrial/Commercial/lnstitutionai Sector ALL APPLICATIONS MUST BE SUBMITTED TO: Corporation of the County of Elgin c/o County CAOICierk 450 Sunset Drive, St. Thomas, ON. N5R 5V1 Phone: 519-631-1460 Fax: 519-633-7661 or e-mail to: cao@�elgin.ca ON OR BEFORE 4:30 P.M,on Monday,August 17, 2020 120 2020 - 2022 Application for Citizen Appointments to Boards and Committees COMMITTEE & POSITION APPLICANT INFORMATION Name: Address: r Home Phone: Email Address: y/�� i 1 dQ Are you a resident or business Towner in Elgin County? q/Yes ❑ No Are you 18 years of age or older? �es ❑ No QUESTIONNAIRE Why are you interested in becoming a member of Connectivity Committee? Briefly describe your current and past community or volunteer involvement. Briefly describe skills or experience relevant to the Connectivity Committee. 121 A I want to give back to my community and be apart of the reason that everyone prides in, in Elgin County. This year the youngest of my 4 kids is full time in school this give me the opportunity to serve in my community. We moved to Canada, now 7 years ago, and this being my new home and country, what a privilege it would be to serve and give back to where home is! B Currently, I have been a stay at home parent and been a choir leader in my church a member of the missions' committee. Past, Been a volunteer with Scripture Union and habitat for Humanity in Uganda C. I graduated with Bachelor's degree in Environmental Management in Uganda and later graduated with Master's degree in Environmental Management and Assessment from Oxford Brooke University in England. I feel I can have a contribution to the Environmental Advisory Committee. D I can think and reason intellectually and keen to detail. Formulating procedures and policy is music to my ears. If there is need to bring laughter to the team, that is a strength I have! 122 What strengths will you bring to the Connectivity Committee? Additional Information Please attach any additional information/comments to the application form. I hereby consent to the release of my address and telephone number(s). ❑ Yes ❑ No hereby understand that information on this form and any supplementary information provided as part of this application is collected under the authority of the Municipal Act and is used to evaluate the qualifications of Citizen Appointees to Elgin County Committees or Boards and will become part of the public record. Direct inquiries to the CAO/Clerk at the address noted below. By submitting this form, applicants consent to discussion of their personal information at open meetings of Council. Applicant's signature: Date: t r i3— 5L4,3-U Please return this application form to the attention of: Corporation of the County of Elgin c/o County CAOICIerk 450 Sunset Drive, St. Thomas ON N5R 5V1 Phone: 519-631-1460 Fax: 519-633-7661 e-mail: cao@elgin.ca Personal information on this form is collected under the authority of the Municipal Act, S.O. 2001, c.25 and will be used to evaluate the qualifications for citizen appointees to the County of Elgin Boards and Committees 123 2020-2022 Application for Citizen Appointment to Boards and Committees Environmental Advisory Committee Name—Mr. Kim Smale Address-8553 Imperial Road, RR#2 Aylmer, Ontario N5H 2R2 Home Phone—519-765-2029 Email Address—di.smale@hotmaii.com Are you a resident or businessowner in Elgin County?Yes Are you 18 years of age or older?Yes Why areyou interested in becoming a member of the Environmental Advisory Committee? Becoming a member of the Environmental Advisory Committee will provide me with an opportunity to share 40 plus years of resource management knowledge and expertise with County Council when developing environmental policies, programs and initiatives that will help enhance Elgin County. Please describeyourcurrentand past community orvolunteer involvement. TD Friends of the Environment Foundation, Lake Erie Source Protection Region Management Committee,Ontario Police College Path of Honor Advisory Committee, Elgin Stewardship Council, Catfish Creek Irrigation Advisory Committee,Southwestern Ontario Envirothon Competition, East Elgin Secondary School Environmental Leadership Program,Catfish Creek Conservation Authority. Briefly describe skills or experience relevant to the Environmental Advisory Committee? A lengthy career working for the Ministry of Natural Resources and Forestry and the Catfish Creek Conservation Authority in the resource management and environmental field helped me develop skills and gain experience in Forest Management, Environmenta I Assessments, Water Management, Environmental Planning, Private Landowner Stewardship Services, Environmental Education, Shoreline Management,Speciesat Risk and Wetland Protection and Conservation Lands. What strengthswill you bring to the Environmental Advisory Committee? If selected, I would bring the following strengths to the Environmental Committee: - Life-long resident of Elgin County - Forty years of environmental experience and knowledge of Elgin County; - Working with local citizens and municipal government to reach consensus on environmental policies and issues impactingthe County; 124 - Familiarity with the environmental policies, procedures, regulations and workings of County Council; and, - Policies and procedures development. Additional Information—None atthistime I hereby consent to the release of my address and telephone number (s). o Yes o No I hereby understand that information on this form and any supplementary information provided as part of this application is collected under the authority of the Municipal Act and is used to evaluate the qualifications of Citizen Appointees to Elgin County Committee or Boa rdsand will become part of the public record. Direct inquiries to the CAO/Clerk at this address noted below. By submitting this form, applicants consent to discussion of their personal information at open meetings of Council. Applicant's signature: Kim Smale Date: Aug. 14,2020 Please return this application form tothe attention of: Corporation of the County of Elgin c/o County CAO/Clerk 450 Sunset Drive,St.Thomas ON N5115V1 Phone:519-631-1460 Fax: 519-633-7661 Email: cao elgin.ca Personal information on this form is collected under the authority of the Municipal Act,S.O. 2001, c.25 a nd will be used to evaluate the qualifications for citizen appointees to the County of Elgin Boards and Committees 125 Corporation of the County of Elgin c/o County CAO/Clerk 450 Sunset Drive, St. Thomas ON N5R 5V1 Phone: 519-631-1460 e-mail: cao elin.ca 2020-08-13 Dear Ladies and Gentleman, As the CEO of CertusSoft Inc. a software development and training company in Dutton, I would like to offer you my services as a volunteer on the following committee: Citizen Appointment - Environmental advisory Committee Name: Michaela LENZ Address: 103 Lila Street, Dutton, ON NOL 1J0 Home Phone: 519 913 2304 Email: Michaela.Lenz CertusSoft.com Resident and Business Owner of Elgin: YES 18 or older: YES Canadian Citizen: YES Questionnaire from Elgin County web page: 1. Why are you interested in becoming a member of Environmental Advisory Committee? I have a keen interest in responsible stewardship of our environment and issues pertaining to it. 2. Briefly describe your current and past community or volunteer involvement. Previously: volunteer and supporter of Dutton-Dunwich Opponents of Wind Turbines (DDOWT), local LIONS club 126 3. Briefly describe skills or experience relevant to the Environmental Advisory Committee. Special expertise: a. Master's degree in chemical engineering from the university of Technology in Vienna/Austria b. Used to researching technical/scientific documents c. Knowledge of technical solutions to protect the environment 4. What strength will you bring to the Environmental Advisory Committee? Meticulous and detail oriented I hereby consent to the release of my address and telephone number(s). No I hereby understand that information on this form and any supplementary information provided as part of this application is collected under the authority of the Municipal Act and is used to evaluate the qualifications of Citizen Appointees to Elgin County Committees or Boards and will become part of the public record. Direct inquiries to the CAO/Clerk at the address noted below. By submitting this form, applicants consent to discussion of their personal information at open meetings of Council. Applicants signature: Date: 2020-08-13 127 Application for Citizen Appointments to Boards and Committees Applicant: Ray Price Having read the profile for the above-named Committees and reviewed the qualifications and I am forwarding my application to you for consideration of one of the positions. I am 76 years of age and reside in Eagle at 25254 Eagle Court, where we have lived since 2003. 1 retired in 2003 from my position as a Police Officer with the Peel Regional Police and before that I was a Police officer in Manchester England. I served 40 years and could bring a lot of experience to an environmental Committee. Since retiring my wife and I have travelled extensively across North America in our RV trailer and have seen some of the problems and fixes for the environment that the earths population has caused. I do feel that I can bring to the committee ideas that will benefit the local area. Ray Price 128 REPORT TO COUNTY COUNCIL A110ft �u FROM: Katherine Thompson, Supervisor of lkkh Legislative Services and Community Relations �, e.r ;„ , r Lu .z DATE: August 24, 2020 Progressive by Nature SUBJECT: Bill 197, COVID-19 Economic Recovery Act, 2020 Changes to the Municipal Act and Elgin County Procedural By-law RECOMMENDATION: THAT the August 24t", 2020, report titled, Bill 197, COVID-19 Economic Recovery Act, 2020 Changes to the Municipal Act and Elgin County Procedural By-law, submitted by the Supervisor of Legislative Services and Community Relations, be received and filed for information; and, THAT Council of the County of Elgin consider approving amendments to the Procedural By-Law to provide for the continued option of electronic participation after the Elgin County State of Emergency is lifted; and, THAT Elgin County Council provide direction for staff regarding the inclusion of proxy voting in the Procedural By-Law. INTRODUCTION: On July 21, 2020 Bill 197, the COVID-19 Economic Recovery Act, 2020 received royal assent and is now in force. This Bill made a series of changes to numerous Acts that govern municipal government activities. The purpose of this report is to discuss changes made to Schedule 12 of the Municipal Act, 2001. Please find attached a copy of Schedule 12 amendments as they relate to the Municipal Act, 2001 . DISCUSSION: Electronic Participation On March 20, 2020 the Ontario Legislature held an emergency meeting to pass the Municipal Emergency Act which allowed members of Councils, Local Boards and Committees to participate electronically during emergencies and have their votes counted towards quorum in both open and closed session meetings. In response to this 129 change in legislation and to ensure the continuity of municipal operations during the COVID-19 pandemic, County Council enacted By-Law 20-13 being a By-Law to Amend By-Law 19-41 (Procedural By-law) to allow for electronic participation. On June 1, 2020, Warden Mennill wrote to the Minister of Municipal Affairs and Housing on behalf of Elgin County Council, requesting that Section 238 of the Municipal Act be amended to allow for electronic participation on an ongoing basis. Please see attached correspondence. Bill 197 has amended Section 238 (3.1) allowing Councils, who choose to do so, to amend their procedural by-laws to permit electronic participation beyond the time of declared emergencies. Staff are seeking Council's approval to further amend the Procedural By-Law to allow for this ongoing electronic participation. Proxy Voting Bill 197 further amended the Municipal Act by adding Section 243.1 (1), permitting municipalities to amend their procedural by-laws to include a provision for proxy voting. This is optional and at the discretion of each municipal Council. Through this provision a member of Council would be permitted, in accordance with a process established by the Clerk, to appoint another member of Council as a proxy to act in their place when they are absent. This proxy must be a member of the same Council and cannot act for more than one member at any time. The member who is appointing a proxy must notify the Clerk before the meeting in accordance with the approved process. The proxy is only counted as one member in regards to determining quorum and the member who appoints a proxy is considered absent from the meeting. A member who has pecuniary interest in a matter may not appoint a proxy in respect to that matter and all existing regulations around pecuniary interest apply to both the appointing member and the proxy. A member who is appointed as an Alternate under Municipal Act Section 267 (covering a longer-term absence of a Council member) can appoint a proxy; however, in accordance with Section 268, an Alternate filling in on a one-off basis may not appoint a proxy. In the case where an Alternate has been appointed, the original member may not appoint a proxy because the Alternate is already acting in his or her place. If County Council would like to support proxy voting as provided for in Section 243.1 (1)7 an amendment would need to be made to the Procedural By-law and a process for appointing and revoking proxies would need to be developed by the Clerk. Amendments 130 would also need to be made to the Code of Conduct and any other relevant policies to ensure votes are appropriately cast in accordance with established County of Elgin procedures. Additionally, accountability and transparency measures would need to be put in place to properly communicate the use of proxies to the public. Given the ability of members to participate electronically and the existing provision for Alternates, allowing for proxy votes may introduce an additional layer of complexity that may not be necessary. FINANCIAL IMPLICATIONS: None. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin ❑ Ensuring alignment of ❑ Planning for and ® Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, resources, and need. and agricultural growth. infrastructure to deliver programs and services ❑ Exploring different ❑ Fostering a healthy now and in the future. ways of addressing environment. community need. ❑ Delivering mandated ❑ Enhancing quality of programs and services ❑ Engaging with our place. efficiently and community and other effectively. stakeholders. LOCAL MUNICIPAL PARTNER IMPACT: None. COMMUNICATION REQUIREMENTS: Once drafted and enacted by Elgin County Council, a copy of the amended Procedural By-law will be circulated to Local Municipal Partners. 131 CONCLUSION: Bill 197, COVID-19 Economic Recovery Act, 2020 has introduced significant changes to several Acts that govern municipal operations. Staff are seeking Council's direction regarding potential changes to the Procedural By-Law in regard to electronic participation and proxy voting. All of which is Respectfully Submitted Approved for Submission Katherine Thompson Julie Gonyou Chief Administrative Officer Supervisor of Legislative Services and Community Relations 132 SCHEDULE12 MUNICIPAL ACT, 2001 1 (1) Subsection 238 (3.1) of the MunicipalAct, 2001 is repealed and the following substituted: Electronic participation (3.1) The applicable procedure by-law may provide that a member of council, of a local board or of a committee of either of them, can participate electronically in a meeting to the extent and in the manner set out in the by-law. (2) Subsection 238 (3.2) of the Act is repealed. (3) Subsection 238 (3.3) of the Act is repealed and the following substituted: Same (3.3) The applicable procedure by-law may provide that, (a) a member of a council, of a local board or of a committee of either of them who is participating electronically in a meeting may be counted in determining whether or not a quorum of members is present at any point in time; and (b) a member of a council, of a local board or of a committee of either of them can participate electronically in a meeting that is open or closed to the public. (4) Subsection 238 (3.4) of the Act is repealed and the following substituted: Special meeting, amend procedure by-law re electronic participation (3.4) A municipality or local board may hold a special meeting to amend an applicable procedure by-law for the purposes of subsection (3.3). Same, quorum (3.5) A member participating electronically in a special meeting described in subsection (3.4) may be counted in determining whether or not a quorum of members is present at any time during the meeting. 2 The Act is amended by adding the following section: 133 Proxy vote 243.1 (1) The procedure by-law may provide that, in accordance with a process to be established by the clerk, a member of council may appoint another member of council as a proxy to act in their place when they are absent subject to the following rules.. 1. A member of a local council appointed as an alternate member of the upper-tier council under section 267 may appoint a member of the upper-tier council as a proxy to act in their place when they are absent from the upper-tier council. 2. A member who is unable to attend a meeting of the upper-tier council and for whom an alternate member is appointed under section 267 shall not appoint a proxy. 3. A member appointed as an alternate member of the upper-tier council under section 268 shall not appoint a proxy. 4. A member who is unable to attend a meeting of the upper-tier council and for whom an alternate member is appointed under section 268 shall not appoint a proxy if the appointed member is acting on their behalf at the meeting. Rules re proxy votes (2) The following rules apply with respect to the appointment of another member of council to act as a proxy under subsection (1): 1. A member shall not appoint a proxy unless the proxyholder is a member of the same council as the appointing member. 2. A member shall not act as a proxy for more than one member of council at any one time. 3. The member appointing the proxy shall notify the clerk of the appointment in accordance with the process established by the clerk. 4. For the purpose of determining whether or not a quorum of members is present at any point in time, a proxyholder shall be counted as one member and shall not be counted as both the appointing member and the proxyholder. 5. A proxy shall be revoked if the appointing member or the proxyholder requests that the proxy be revoked and complies with the proxy revocation process established by the clerk. 6. Where a recorded vote is requested under section 246, the clerk shall record the name of each proxyholder, the name of the member of council for whom the proxyholder is voting and the vote cast on behalf of that member. 7. A member who appoints a proxy for a meeting shall be considered absent from the meeting for the purposes of determining whether the office of the member is vacant under clause 259 (1) (c). 134 Pecuniary interest (3) A member who has a pecuniary interest described in subsection 5 (1) of the Municipal Conflict of Interest Act in a matter to be considered at a meeting shall not, if the interest is known to the member, appoint a proxy in respect of the matter. Same, pre-meeting discovery (4) If, after appointing a proxy, a member discovers that they have a pecuniary interest described in subsection 5 (1) of the Municipal Conflict of Interest Act in a matter to be considered at a meeting that is to be attended by the proxyholder, the member shall, as soon as possible, (a) notify the proxyholder of the interest in the matter and indicate that the proxy will be revoked in respect of the matter; and (b) request that the clerk revoke the proxy with respect to the matter in accordance with the proxy revocation process established by the clerk. Same, post-meeting discovery (5) For greater certainty, if, after appointing a proxy, a member discovers that they have a pecuniary interest described in subsection 5 (1) of the Municipal Conflict of Interest Act in a matter that was considered at a meeting attended by the proxyholder, the appointing member shall comply with subsection 5 (3) of the Municipal Conflict of Interest Act with respect to the interest at the next meeting attended by the appointing member after they discover the interest. Conflict, etc., proxyholder (6) For greater certainty, nothing in this section authorizes a proxyholder who is disabled from participating in a meeting under the Municipal Conflict of Interest Act from participating in the meeting in the place of an appointing member. Regulations, proxy votes (7) The Minister may make regulations providing for any matters which, in the Minister's opinion, are necessary or desirable for the purposes of this section. Commencement 3 This Schedule comes into force on the day the COVID-19 Economic Recovery Act, 2020 receives Royal Assent. 135 June 1, 2020 Hon. Steve Clark Ministry of Municipal Affairs and Housing 17th Floor 777 Bay St. Toronto, ON M5G 2E5 Dear Minister Clark, On behalf of Elgin County Council, I am writing to request that the Province of Ontario amend Section 238 (3.1) of the Municipal Act, to allow Members to continue to participate electronically in a meeting either in full or in part on an ongoing basis. The amendments made by the Ontario Provincial Government to the Municipal Act, 2001 in response to the COVID-19 pandemic have allowed municipalities to adopt a virtual format for the majority of their meetings and services. Elgin County Council reviewed its procedural by- laws for both Council and Committees in April 2020 to incorporate the new provisions based on our local needs to hold virtual Council meetings. During the declared state of emergency, Elgin County Council allows the use of electronic participation at its meetings, allows Members to participate in both open and closed meetings electronically and counts Members participating electronically towards quorum. The flexibility afforded to Council through the changes to the Municipal Act during a declared state of emergency will be helpful going forward, and the Members of Elgin County Council request that the Province of Ontario consider amending Section 238 (3.1) of the Municipal Act, to allow Members to continue to participate electronically in meetings and to count Members participating electronically towards quorum once the declared state of emergency has ended. Yours very truly, Warden Dave Mennill 136 REPORT TO COUNTY COUNCIL A110ft 4 FROM: Katherine Thompson, Supervisor of lkkh Legislative Services and Community Relations �, e.r ;„ , r Lu .z DATE: September 1st, 2020 Progressive by Nature SUBJECT: Integrity Commissioner/Closed Meeting Investigator/Ombudsman Agreement Extension with Independent Resolutions Inc. RECOMMENDATION: THAT the September 1st, report titled, Integrity Commissioner/Closed Meeting Investigator/Ombudsman with Independent Resolutions Inc., submitted by the Supervisor of Legislative Services and Community Relations, be received and filed for information; and, THAT Elgin County Council enact By-Law No. 20-45, being a by-law to amend By-Law No. 17-42 and extend the appointment of Independent Resolutions Inc. as the Integrity Commissioner, Closed Meeting Investigator and Ombudsman for the County of Elgin; and, THAT the Warden and Chief Administrative Officer be directed and authorized to sign the agreement. INTRODUCTION: On April 28, 2020, County Council approved the extension of the current contract with Independent Resolutions Inc. as Integrity Commissioner/Closed Meeting Investigator/Ombudsman for the County of Elgin effective January 1, 2021 until December 31, 2022. Independent Resolutions Inc. agreed to roll over the existing terms and conditions with no change in fees for another two (2) years if agreed to by Elgin County, Middlesex County and Elgin's participating municipalities. DISCUSSION: Following Council's approval of the contract extension, the County's Local Municipal Partners were notified and invited to use the services of Independent Resolutions Inc. as Integrity Commissioner/Closed Meeting Investigator/Ombudsman. Correspondence was received from the Municipality of Bayham, Municipality of Central Elgin, Municipality of Dutton Dunwich, Township of Malahide, Township of Southwold, and the Municipality of West Elgin with their local Council's resolutions in support of 137 extending the current contract with Independent Resolutions Inc. The Town of Aylmer has its own contract for these services and will not be making changes to these appointments at this time. Middlesex County has communicated with Independent Resolutions Inc., and they will also extend their contract for an additional two (2) years. FINANCIAL IMPLICATIONS: Independent Resolutions Inc. charges a retainer of $3,000.00 per municipality to be covered by the County of Elgin, and a $150.00 per hour fee to be covered by each municipality on an as needed basis. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin ❑ Ensuring alignment of ❑ Planning for and ® Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, resources, and need. and agricultural growth. infrastructure to deliver programs and services ® Exploring different ❑ Fostering a healthy now and in the future. ways of addressing environment. community need. ® Delivering mandated ❑ Enhancing quality of programs and services ® Engaging with our place. efficiently and community and other effectively. stakeholders. LOCAL MUNICIPAL PARTNER IMPACT: Participating Local Municipalities will be required to pass their own extension by-law and enter into an extension agreement with Independent Resolutions Inc. COMMUNICATION REQUIREMENTS: A copy of the County's extension by-law and the full agreement will be sent to participating Local Municipalities. 138 CONCLUSION: Staff have reviewed the agreement (a copy of the agreement is attached to By-Law No. 20-45) and are recommending that Council direct and authorize the Warden and Chief Administrative Officer to sign the agreement with Independent Resolution as Integrity Commissioner/Closed Meeting Investigator/Ombudsman. All of which is Respectfully Submitted Approved for Submission Julie Gonyou Katherine Thompson Chief Administrative Officer Supervisor of Legislative Services and Community Relations 139 REPORT TO COUNTY COUNCIL A110ft FROM: Julie Gonyou, Chief Administrative Officer Carolyn Krahn, Legislative Services Coordinator ,, o ; , Progressive by Nature DATE: September 1, 2020 SUBJECT: COVID-19 Emergency Team Planning — August Update RECOMMENDATION: THAT the September 1, 2020, report titled, COVID-19 Emergency Team Planning — August Update, submitted by the Chief Administrative Officer, be received and filed for information. INTRODUCTION: The purpose of this report is to provide Council with an update on the County's COVID-19 response. DISCUSSION: Elgin County has supported our community's response to COVID-19 and the work of Southwestern Pubic Health throughout the pandemic. The situation continues to evolve rapidly, and the number of cases changes on a daily basis. Since COVID-19 first impacted County operations in March, many administration staff members have been working either fully or partially from home. Others have been reassigned to assist with containment efforts and are just now returning to their regular duties. The hybrid approach to service has allowed staff to split their time between working remotely and working from a County facility. This approach has been working well and will be in place until further notice as the health and safety of staff remains a top priority. Remote working arrangements have meant a lot of adjustments, and staff have adapted well to their changing work environments. Virtual meetings, hybrid meetings, live streaming, and curbside pickup have allowed business to continue as usual with colleagues, Councillors, and Committees working from different locations. IT, Human Resources, and Corporate Facility Services staff have worked hard to support staff as they work remotely and to prepare County facilities for the gradual reintroduction of staff to the workplace and the resumption of some in-person services. 140 Supported by the Community Emergency Management Coordinator and the Chief Administrative Officer, the County continues to work with its Local Municipal Partners and community support agencies to share information and respond to the pandemic with the goal of keeping the community safe. To prepare for the return to school, the Chief Administrative Officer has coordinated meetings between My Big Yellow Bus and the local municipalities to discuss student transportation, particularly school bus arrival and dismissal procedures. Bi-weekly meetings of the virtual County Emergency Operations Centre are ongoing and promote a coordinated approach to service delivery in Elgin County. FINANCIAL IMPLICATIONS: Ongoing — See the attached Financial Services summary. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin ® Ensuring alignment of ❑ Planning for and ® Ensuring we have the current programs and facilitating commercial, necessary tools, services with community industrial, residential, resources, and need. and agricultural growth. infrastructure to deliver programs and services ® Exploring different ® Fostering a healthy now and in the future. ways of addressing environment. community need. ® Delivering mandated ❑ Enhancing quality of programs and services ® Engaging with our place. efficiently and community and other effectively. stakeholders. LOCAL MUNICIPAL PARTNER IMPACT: The Management Team continues to work with the County's Local Municipal Partners to address community needs. For more information on coordination with the local municipalities, see the attached "Emergency Management Team Planning Chart." COMMUNICATION REQUIREMENTS: The Emergency Management Team will continue to provide monthly updates to County Council. 141 CONCLUSION: The Emergency Management Team meets weekly to ensure essential County services and the COVID-19 response are properly resourced; to identify and manage resourcing and staffing issues; to support County Council, Municipal Partners, community and stakeholders; and to support staff to be well. The attached "COVID-19 Emergency Management Team Planning Chart" summarizes the County's COVID-19 response. 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The Minister of Municipal Affairs and Housing with a letter regarding funding from the federal-provincial Safe Restart Agreement. 2. The Minister of Agriculture, Food and Rural Affairs with a letter regarding the Security from Trespass and Protecting Food Safety Act, 2020. 3. Consultant Project Manager, CIMA+, and Director of Engineering Services with a Notice of Online Public Information Centre regarding the Meeks Bridge Replacement — Municipal Class Environmental Assessment Study. 4. The Municipality of Chatham-Kent with a resolution regarding Emancipation Day in Canada. 5. SWIFT with their Monthly Project Update for July 2020. 6. Western Ontario Wardens' Caucus with their August 2020 Update. 7. The County of Elgin Homes with their September Newsletter. 8. The Rural Initiatives/Planning Advisory Committee with Draft Minutes from their August 26t" Meeting. 9. The Terrace Lodge Redevelopment Fundraising Committee with Draft Minutes from their August 24t" Meeting. 160 Ministry of Ministere des A!A Municipal Affairs Affaires municipales and Housing et du Logement Office of the Minister Bureau du ministre 777 Bay Street, 171h Floor 777, rue Bay, 17'etage Ontario Toronto ON M7A 2J3 Toronto ON M7A 2J3 Tel.:416 585-7000 Te1. :416 585-7000 234-2020-3359 August 12, 2020 Warden Dave Mennill County of Elgin 450 Sunset Drive St. Thomas ON N5R 5V1 Dear Warden Mennill: On July 27, 2020, as part of the federal-provincial Safe Restart Agreement, the Ontario government announced that it had secured up to $4 billion in emergency assistance to provide Ontario's 444 municipalities with the support they need to respond to COVID- 19. 1 am writing to you today to provide further details on this funding investment. Municipalities play a key role in delivering critical services that Ontarians rely on and are at the frontlines of a safe reopening of the economy. This investment will provide support to municipalities and public transit operators to help them address financial pressures related to COVID-19, maintain critical services and protect vulnerable people as the province safely and gradually opens. It includes: • Up to $2 billion to support municipal operating pressures, and • Up to $2 billion to support municipal transit systems. The Honourable Caroline Mulroney, Minister of Transportation, will provide more information on the transit stream of this funding. I would also like to acknowledge the Federal government in their role in this historic agreement. As Premier Ford has indicated, "by working together, we have united the country in the face of the immense challenges brought on by COVID-19 and secured a historic deal with the federal government to ensure a strong recovery for Ontario and for Canada". Under the municipal operating stream, $1.39 billion will be available to Ontario's municipalities to address operating pressures and local needs. This funding will be allocated in two phases: 50% allocated in Phase 1 for all municipalities, and 50% allocated in Phase 2 for municipalities that require additional funding. 161 The Safe Restart Agreement also includes a second phase of Social Services Relief Funding (SSRF) totalling $362 million. This is in addition to significant investments made earlier to the SSRF and in support of public health. Details will be outlined in a letter to Service Managers in the coming days. Municipal Operating Funding Phase 1: Immediate Funding for Municipal Pressures Phase 1 of this funding will be allocated on a per household basis and I am pleased to share that the County of Elgin will receive a payment of $1,276,000 to support your COVID-19 operating costs and pressures. Please note that your municipality is accountable for using this funding for the purpose of addressing your priority COVID-19 operating costs and pressures. If the amount of the funding exceeds your municipality's 2020 COVID-19 operating costs and pressures, the province's expectation is that your municipality will place the excess funding into reserves to be accessed to support COVID-19 operating costs and pressures that you may continue to incur in 2021. Your municipality will be expected to report back to the province in March 2021 with details on your 2020 COVID-19 operating costs and pressures, your overall 2020 financial position, and the use of the provincial funds in a template to be provided by the ministry. More details on this reporting will be shared in the coming weeks. In the meantime, I am requesting that your municipal treasurer sign the acknowledgement below and return the signed copy to the ministry by email by September 11, 2020 to Munici pal.Programs(_ontario.ca. Please note that we must receive this acknowledgement before making a payment to your municipality. We intend to make payments to municipalities in September, subject to finalizing details. Phase 2: Funding for Additional Municipal Pressures I anticipate that the funding our government is providing through Phase 1 of the municipal operating stream will be sufficient to address COVID-19 costs and pressures for most municipalities. However, we recognize that some municipalities have experienced greater financial impacts arising from COVID-19 than others. As a result, we are offering a second phase of funding to those municipalities that can demonstrate that 2020 COVID-19 operating costs and pressures exceed their Phase 1 per household allocation. To be considered for this Phase 2 funding, municipalities will be required to submit reports outlining their COVID-19 operating costs and pressures in a template to be provided by the ministry. These reports will be due by October 30, 2020. Municipalities that require additional time to submit their report are asked to reach out to their Municipal Services Office contact by October 30, 2020 to request an extension to November 6, 2020. Please note that the ministry is unable to consider municipal requests for Phase 2 funding if the municipality has not submitted its report by November 6, 2020. 162 A template for this municipal report and request for consideration for Phase 2 funding will be provided shortly and will require: 1. Information about measures the municipality has undertaken to reduce financial pressures (e.g. use of reserves, cost saving measures); 2. Explanation of how the municipality applied or plans to spend Phase 1 funding towards COVID-19 operating costs and pressures; 3. A year-end forecast of COVID-19 operating costs and pressures; 4. Actual COVID-related impacts as of the end of Q3 of the municipal fiscal year (September 30, 2020); 5. Treasurer's statement as to accuracy of reporting; 6. Resolution of Council seeking additional funding. Municipalities who are eligible and approved to receive funding under Phase 2 will be informed before the end of the calendar year and can expect to receive a payment in early 2021. Our government will continue to be a champion for communities as we chart a path to a strong economic recovery. We thank all 444 Ontario municipal heads of council for their support through our negotiations with the federal government. Working together, we will ensure Ontario gets back on track. Sincerely, Steve Clark Minister of Municipal Affairs and Housing c. Municipal Treasurer and Municipal CAO By signing below, I acknowledge that the per household allocation of $1,276,000 is provided to the County of Elgin for the purpose of assisting with COVID-19 costs and pressures and that the province expects any funds not required for this purpose in 2020 will be put into reserves to support potential COVID-19 costs and pressures in 2021. 1 further acknowledge that the County of Elgin is expected to report back to the province on 2020 COVID-19 costs and pressures and the use of this funding. Name: Title: Signature: Date: 163 Ministry of Agriculture, Ministere de I'Agriculture,de Food and Rural Affairs I'Alimentation et des Affaires rurales Office of the Minister Bureau du ministre 77 Grenville Street, 11 th Floor 77, rue Grenville, 11 a etage Toronto,Ontario M7A 1 B3 Toronto(Ontario)M7A 1 B3 Tel:416-326-3074 Tel. :416 326-3074 www.ontario.ca/OMAFRA www.ontario.ca/MAAARO Ontario August 31, 2020 Ms. Julie Gonyou CAO County of Elgin CAO@elgin.ca Dear Ms. Gonyou: Over the past 2 years, our government has heard from farmers, municipalities and the broader agriculture community about the threat of on-farm trespass activities. We have heard that farmers are worried for their own safety, the safety of their families, their employees as well as the safety of their animals. We listened to your concerns, and back in December 2019, 1 was honoured to introduce the Seculriib flroirn 'Tlres ass and IPro�ec�iii Food Safes Act 2020 and to act on our government's commitment to protect farmers, agri-food businesses, farm animals and our food supply from the risks of trespass activities. The Act received Royal Assent on June 18, 2020. 1 appreciate the strong support that I have received from our stakeholder partners, like you, on such an important piece of legislation. The COVID-19 outbreak has shown us now more than ever, how important it is to have a steady, reliable food supply and to protect the health and safety of the agri-food workers who help feed us. As you may be aware, we have recently seen a public safety situation grow more urgent. Earlier this summer a demonstrator tragically died outside a meat processing plant. Since then, we have seen heightened tensions leading to greater risks for everyone involved. This has created a significant public safety concern that must be addressed to ensure everyone's safety. As a result, I am announcing today a partial proclamation of the ?eculrii frrom Tlres ass and Protec-fina Food Safe % Ac 2020 that will come into effect on Wednesday September 2, 2020 at 12:01AM to address these immediate public safety concerns. .../2 I��fl Good things grow in Ontario Ministry Headquarters: 1 Stone Road West,Guelph,Ontario N1 G 4Y2 A bonne terre,bons produits Bureau principal du ministere: 1 Stone Road West, Guelph(Ontario) N1 G 4Y2 U IN"I ds R,f 0 - 2 - We are proclaiming sections 6(1), 7, 14(1)[3] and 15(1) of the Act, making it an offence to stop, hinder, obstruct or otherwise interfere with a motor vehicle transporting farm animals. Regulation 950 under the Il:)roviinciiall Offences Act IIOA is also being amended so that tickets can be issued under Part I of the POA for a contravention of section 6(1) of the Act. This approach will allow for more immediate use of the relevant provisions to address the obstruction of motor vehicles transporting farm animals. am also pleased to inform you that a Dscussiion IPaiDer has been posted on the regulatory registry, outlining the ministry's proposed approach for the regulatory items that are needed to make the rest of the Act come into force. It will be posted for public comment for 45 days, closing on October 15, 2020. Comments can also be sent directly by email to ?ecuirii 11=iromTires ass.OlAll=11A onairiio.ca. I understand the importance and urgency of this Act to many across the sector. However, before the remaining sections can be proclaimed into force, a number of items must be prescribed via a regulation to operationalize the Act. These regulations are needed to ensure the act is clear, easily interpreted and fulfils its intended purposes. It is important that we take the time to hear from those impacted so we can take those comments into consideration in finalizing the regulation. The remaining sections of the Act come into force upon proclamation by the Lieutenant Governor in Council. Once fully proclaimed into force, the Act will recognize the unique risks associated with trespassing on farms and at processing facilities. I strongly encourage you to provide feedback and comments on this discussion paper. Your insights are valuable as we work to ensure the Minister's Regulation and the Act are fair and reasonable while also meeting the needs of industry. Your input is an important contribution to help shape the content and design of the Minister's Regulation. Again, thank you for your support. I look forward to working with you to create a safe and healthy Ontario for all. Sincerely, Ernie Hardeman Minister of Agriculture, Food and Rural Affairs 165 NOTICE OF ONLINE PUBLIC INFORMATION CENTRE MEEKS BRIDGE REPLACEMENT MUNICIPAL CLASS ENVIRONMENTAL ASSESSMENT STUDY The Project The County of Elgin is completing a study to review alternatives for the replacement of Meeks Bridge in the Township of Southwold. Meeks Bridge is located on Sparta Line Country Road 27 and spans Kettle Creek as shown on the key plan. Meeks Bridge was constructed in 1900 and is a single span, steel double-intersection Warren truss(Double Warren)bridge structure. The bridge currently contains a posted load limit of 8 tonnes, and has a total deck length and width of 38.7 metre and 4.9 metres respectively. The bridge is currently in need of replacement. The Study Process The project is being planned under'Schedule B' of the Municipal Class Environmental Assessment process(October 2000, as amended in 2007, 2011 and 2015). KEY PLAN You are Invited A virtual Public Information Centre(PIC)is being held to provide members of the public with an opportunity to view the study findings, review the preliminary preferred solution and provide comments. The PIC presentation will be available on the County's website for viewing from August 31 st, 2020 to September 18t" 2020. Please visit the County website for more information and to view the PIC material. Elgin County Website:https://www.eigincounty.ca/meeks-bridge-replacement/ An online comment sheet will be available on the project website for members of the public to submit their comments to the project team. Public input received from the PIC will be used to confirm the preferred solution. We kindly ask that you please submit comments by September 181", 2020 to either of the project managers below: Stephen Keen, P.Eng. Brian Lima, P.Eng. Consultant Project Manager Director of Engineering Services CIMA Canada Inc. (CIMA+) County of Elgin 3027 Harvester Road 450 Sunset Road Burlington, ON St. Thomas, ON L7N 3G7 N5R 5V1 Tel: 905-288-0287 ext. 6834 Tel: 519-631-1460 ext. 117 Email: Stephen.Keenp_cima.ca Email: Blima(a_elgin.ca Project Updates Visit the project website (https://www.elgincounty.ca/meeks-bridge-replacement/) to learn more about the study,find links to notices and other related content. More information will be uploaded to this website as the project progresses. 166 Municipality of Chatham-Kent Judy Smith, Director of Municipal Governance August 28, 2020 Clerk, Freedom of Information Coordinator 315 King Street West, P.O. Box 640 Chatham ON N7M 5K8 Dear Ms. Smith; Re: Copy of Resolution #511 Motion No. 511 Moved by: Jeff Elliott Seconded by: Lillian Abbott That the Township of Huron-Kinloss Council is in support of designating August 1 of every year as Emancipation Day in Canada and FURTHER direct staff to forward a copy of the resolution to Chatham-Kent and all Ontario municipalities. Carried Sincerely, 4 4 Kelly Lush Deputy Clerk c.c Mr. Justin Trudeau, The Right Honourable Prime Minister of Canada, Mr. Douglas Ford, The Honourable Premier of Canada and all Ontario Municipalities. 167 Thursday,August 13, 2020 at 16:01:19 Eastern Daylight Time Subject: SWIFT Monthly Project Update -July 2020 Date: Thursday,August 13, 2020 at 4:01:09 PM Eastern Daylight Time From: Barry Field on behalf of Barry Field AEachments: image001.png, image002.png, image003.png SWIFT Board Members and CAOs, Please see the attached monthly project update for June 2020. Any firrforirr"Irriioin in Hhr s: rr::.lpoii..i fs: ino< deeirr"Ied coirrffdeir Haf� l and can be s: are.d vv Hh your ire.-.spechve irr"Iuirrk;igpallflues as you see fill. WIFF`'�`rrarllrl � SouthWes'lelm hVew"Oect Fibre P lit,chril(,,Y41ott', Monthly � July 2020 • Procurement o 12 contracts executed; implementation is underway. • Implementation • Implementation underway and progressing well with no major delays to report • Construction started/underway in 6 projects • Kettle and Stony Point project schedule at risk due to delay in getting INAC permit (received now and construction started) • See attached Monthly Dashboard for details for each project. 168 Page 1 of 4 • Procurement • Phase 3 procurements are progressing well;SWIFT anticipates that the procurement process will be completed by the end of 2020 in all Phase 3 regions. • RFPs issued and announced in Brant, Bruce, Caledon, Dufferin, Essex, Grey, Huron, Niagara, Oxford, Perth, Simcoe, Waterloo, London, Windsor and Chatham-Kent. Province will announce future procurements in turn. • Dufferin County ■ Procurement closed on 29-May-20/ PAC approval received /SWIFT+ agreement being sought from Dufferin County • Caledon ■ Procurement closed 12-Jun-20/ PAC approval received / Negotiating with ISPs to expend residual funds • Oxford County ■ Procurement closed 19-Jun-20/ PAC approval received / Negotiating with ISPs to expend residual funds • Grey County ■ Procurement closed 10-Jul-20/ PAC meeting scheduled for 14-Aug-20 • Implementation • Project details including implementation schedules will be known once the procurements are closed and contracts have been executed. • SWIFT anticipates that implementation will start towards the end of 2020 and beginning of 2021. • Procurement • RFPs issued for Windsor, London and Chatham-Kent • Windsor procurement scheduled to close 07-Aug-20 • London procurement scheduled to close 06-Nov-20 • Chatham-Kent procurement scheduled to close 13-Nov-20 • Implementation • Project details including implementation schedules will be known once the procurements are closed and contracts have been executed. • SWIFT anticipates that implementation will start towards the end of 2020 and beginning of 2021. • Private Sector contributions have increased by $10.9M (based on first 4 complete procurements). • SWIFT+ contributions of$3.9M received (Lambton County and Dufferin County) in order to facilitate the award of an additional projects in those counties. 169 Page 2 of 4 • Total project funding increased from $209M to$223M as a result. • Note: Federal and Provincial contribution are 'up to' amounts and will depend on the results of the Phase 3 procurements. SWH $3.9 $223M A 3 SII cl II(is • Awaiting execution • Municipal Loan Guarantee • $27.5M short-term bridge financing required in order to fund gap between SWIFT's requirement to pay ISPs per the Construction Act and anticipated reimbursement of claims. • SWIFT's current Phase 2 financing agreement with TD Bank will be extended to cover Phase 3. • Municipal guarantees are required to guarantee the overall loan and 100% participation is required or else there will be a shortfall the overall loan available. • COVID-19 o Major risks have subsided now that construction has resumed. o Need to keep an eye on supply issues and possible second outbreak. :o In.�nIr­�u r n 11 a:;;c l II II�.r� s U .).cl4� I e • All SCF related announcements are to come from the province as per SWIFT's agreement in the CAs. Once provincial direction is provided, SWIFT and the municipalities are free to communicate 170 Page 3 of 4 the relevant information. • As a result, following information can be communicated publicly at this time: o Phase 3 has been approved (as of 05-Mar-20) and SWIFT is currently negotiating a contribution agreement with the province. • -$165M worth of SCF eligible RFPs have been announced • Lambton County ($1 1.3M) • Norfolk County ($8.3M) • Wellington County ($12.1 M) • Oxford County ($8.2M) • Dufferin County ($7.2M) • Caledon ($5.2M) • Grey ($16M) • Niagara Region ($13.3 M) • Waterloo Region ($1 1.9 M) • Brant ($4.8 M) • Bruce ($13.6M) • Essex ($12.8M) • Perth ($5.5M) • Huron ($7.2M) • Simcoe ($28M) • $14.8M worth of Phase 3 Non-SCF eligible RFPs have been announced. • Chatham-Kent($11.4M) • London ($2.8M) • Windsor ($1 M) • SWIFT is on track targeting the close all Phase 3 RFPs before the end of 2020. • It is expected that contract awards will start in August 2020 with 90%of contracts awarded by the end of 2020 and 100%awarded by January 2021. • SWIFT anticipates that most of the proposed projects will target construction in 2021 and 2022. • Selected and approved projects will be announced once SWIFT has completed its evaluation assessment and has executed contracts with ISPs. • Recent announcement:SWIFT to Bring-High- Speed Internet to Delaware Nation Please let me know if you have any questions or concerns. Regards, Barry Field Executive Director �m Southwestern Integrated Fibre Technology, Inc.. 789 Broadway St.Wyoming, ON NON ITO 519,319.1112 (rn) www.swiftruralbiroadband,ca 171 Page 4 of 4 R b b 6 z z 1' n n n n n n n n n n n n n n n z z z z z n n n O n < z z u u u 0 0u. u� u� zo zo z . r. r �IIIII UPDATE Ifif %mop It'll %or WAR D FNS CAUCUS IIIIIIIIIIIII IIII IIIII � zill II�IIIIIIIIIIIiiii I� The Western Ontario Wardens' Caucus advocates on behalf of the region On Wednesday, August 19th the Western Ontario Wardens'Caucus had the opportunity to meet with multiple r Ministers from the Government of Ontario. The discussion focused on our key priority areas of; municipal finance, pj economic development, public health and long term care. Government representatives that attended the meeting included; 00 • The Honourable Steve Clark, Minister of Municipal Affairs and Housing • The Honourable Rod Phillips, Minister of Finance 4 „i r r • The Honourable Merrilee Vt r Fullerton, Minister of Long-Term Care • The Honourable Laurie Scott, Minister of Infrastructure • The Honourable Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs • The Honourable Todd Smith, Minister of Children, Community and Social Services • The Honourable Stephen Lecce, Minister of Education 1 173 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII.IIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIII IIIII IIII II IIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIII Jane McKe aneIcKenna IIIIIIIIIIIIIIIIPIIIIIIIIIIalllllllllrlllilllillllllallll me Illnllllllltlllllalll r IIIIIIIIIIIIAIIIIIIIIIIs Illsllllllillllllslllllltlllllalll Ilnllllllltllllllllflllllollllll IrIIIIIIIIIIIIIhII�IIIIllllillllllnllllllillllllslllllltlllllelll r IIoIIIIIIIfIIIIIIIIIILIIIIIalllllllllllblllllllo Labour a nllllllhllllllllllllsllllllkllilllilllillllllsllllllllllllllllll Illllll llllllllllllllllllll Illlllllllllllllll Y 9Development • Jill Dunlop, Associate Minister of Children and Women's Issues • Robin Martin, Parliamentary Assistant for Ministry of Health • Jim McDonell, Parliamentary Assistant to the Minister of Municipal Affairs and Housing To view the full advocacy briefing click Ilheiri Windsor-Essex COVID-19 Economic Task Force Publishes Cross-Border Tips For Manufacturing Sector The Windsor-Essex COVID-19 Economic Task Force-through two of its Committees (Manufacturing and Logistics, WindsorEssex Transportation and Cross-Border Issues), deliberated on how best C-40,1-VID=19EM� to su ort the movement of business travelers who are critically important to the Region's integrated supply chain. Led by the Canadian Association of Mold Makers, Automate Canada and the Canadian Tooling and Machining Association, the Manufacturing Committee worked with the WindsorEssex Economic Development Corporation and the Consulate General of Canada-Detroit to develop a suite of tools and actions to support business travelers crossing the border to maintain the manufacturing supply chain in North America. One of the actions taken was the development of a comprehensive guidebook for crossing the border. The guidebook-"Cross-Border Tips for Manufacturing Sector Employees During COVID-19"-is intended to be an evergreen document to ensure that manufacturing employees cross the border with ease and remain safe when working in a cross-border environment. The guidebook is being released to the public today and is downloadable on the websites of all of the contributing partners. ` iew the giifli 16ll oY"wII Middlesex County Teams Up with Local Businesses and Nonprofits to Launch Restaurant Support Fund To further support the local restaurant industry impacted by COVID-19, Middlesex County in partnership with Club House@ for Chefs and McCormick Canada has teamed up with five organizations to create the London-Middlesex Restaurant Support Fund. In partnering with Pillar Nonprofit Network, the II I I I Middlesex London Food Policy Council, rTraction and the Western Fair District, this fund offers up to ._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._... $1,000 in grants to qualifying London-Middles ex- 5" based, independent operators of restaurants and VOMMMM � y 'kr�°G�x bars in need of financial assistance as they adapt *a.rGhefs wCORMICK their businesses through the pandemic crisis. Club House for Chefs and McCormick Canada started the fund with a$30,000 contribution. 100%of the funds will go directly to operators in need. Businesses and individuals are encouraged to contribute to help as many operators as possible on the road to recovery. 2 174 Applications open on August 13 and will be fulfilled on a rolling basis until the funds are exhausted. To qualify for grant assistance, independent restaurant and bar operators in the greater London area must fill out the online application and follow the instructions. Mew the fii.fllllll Ilpuri ss urr:Illy psi:„ Building the Future Survey: Deadline Extended to September 4th This survey being -� BUILDING THE FUTURE: conducted d als part of SURVEY RURAL 1 UDR the Building the Future: Rural fifCONDMICOEVELOPMENT Infrastructure and Regional Economic Development research initiative, funded through the BLE UOMLAOUtt M4090, Ontario Agri-Food Innovation LEARN EA S . AANI Alliance. ACCESS THE SURV AT This research initiative is examining the capacity of �woamuau � rraiwu �wre�aia � a ��� �� different communities in rural Ontario to respond to infrastructure pressures and how these capacities impact their short-and long-term economic well-being. Information gathered through this survey will be used to examine the current infrastructure pressures and opportunities facing rural Ontario communities, and to develop recommendations for addressing these issues through both immediate and long-term policy alternatives Coi nnplet ri,the siu rvey Always in Season: A Practitioner's Guide to Local Food Th e Oiiiiul:zudo III edenft�oiiiii o (QII A)is pleased to announce the provincial and federal government's support of OFA's project, Always in Season:A Practitioner's Guide to Local Food. Through Canadian Agricultural Partnership funding, OFA, its partners, and Wilton Consulting Group developed a toolkit for communities to guide them through potential activities, key performance metrics, funding opportunities, and ways to collaborate to support the agri-food sector. The project aims to increase local food sales, provide new opportunities for local producers for value-added agriculture, enhance agri- tourism and culinary tourism opportunities, and elevate the brand of local agricultural products. Through interviews with stakeholders across the province, OFA learned of many innovative approaches to 3 175 IlllllllllllllllllllllllllllslllllllllUlllllllllllllllllllllllllllllllpp olllllllllllrllltllillllllnlllllllllllllllllllllll9 tlllllllhllllllllelllllllllllllllalllllllllllllllllll9 ri-food sector, and way sIIIIIIIIIIIIII communities llllllllllllllalllllllllrllllllellllllllllllllllhllllllllellllllillllllllllllllp illllllnlllllllllllllllllllllll9 tlllll�hIIIIIIIIIeIIIIIIiIIIIIrIIIIIIIIIIIIIIIIIIIII producers IIIIIIIIIIIIIIsell IIIIIIIIIIIIIIImore lllllllllllllocal llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll products and encourage agri-tourism. OFA is proud to partner on this project with the Golden Horseshoe Food and Farming Alliance, Greenbelt Foundation, South Central Ontario Region Economic Development Corporation, Northern Ontario Farm Innovation Alliance, Greenbelt Fund, Meat and Poultry Ontario, Rural Ontario Institute, Food and Beverage Ontario, Rural Agri-Innovation Network, Ontario Fruit and Vegetable Growers'Association, Ontario East Economic Development Commission and Farm and Food Care Ontario. To learn more and access the toolkit, visit ofi:�swuiiu ca/AA w�y ViuiiuSeri:soiiiiuii. Ontario Drives Innovation in the Automotive Sector The Ontario government is launching the next round of applications for the Ontario ■ Automotive Modernization Program(O-AMP). no An important part of the government's Driving Prosperity auto plan, the$10-million O-AMP Ontaprovides auto parts companies with funding to invest in new technologies and support innovation in Ontario's automotive supply chains. Ontario's Autonomous Vehicle Innovation Network(AVIN)connects the province's world-leading automotive and technology sectors, high-quality post-secondary institutions, first-class talent and regional infrastructure to support entrepreneurship and create jobs. Miew the welll sutq;,!„ U I " . WellU"n tty'"k„t Parliamentary Secretary Kate Young announced $10 �' �� million for two southwestern Ontario clean energy �-. organizations to expand operations and create 57 new A � Futuresjobs. 5 CFDCs in Western Ontario were original investors in this project(IGPC), Enterprise Brant, Waterloo Wellington Community Futures, Venture Niagara, Grand Erie Business Centre and Community Futures Oxford. All 5 supported it at the idea stage and continue to support this business today as a group being the 8th largest shareholder of IGPC. Vuiew Uh,e Ilrure0s urelllegye Ilheir0 Western Ontario Wardens Caucus 1450 Sunset Drive, St. Thomas, Ontario N5R 5V1. Canada 4 176 SEPT. 2020 NewsletterTHE COUNTY OF ELGIN HOMES September 2020 P . IN INNER 1011 i t u VISITORS AND THE HOMES By Michele Harris, Director of Homes & Seniors Services The County of Elgin Homes continue to assist loved ones to visit with residents. In consultation with • Southwestern Public Health, the Homes continue to offer indoor, outdoor, window and a variety of technology visits. � �' Nit On August 28, 2020, the Ministry of Long-Term Care announced a change to short stay absences (residents leaving the property for health-care related, social or tit other reasons) and temporary absences (residents g property g ) ;✓�` �' V leaving thefor one or more nights).. The Homes continue to work on policies and processes to support pre-arranged absences which will further enhance residents quality of life. Additional information will be communicated once available. 177 TERRACE LODGE REDEVELOPMENT Excerpt from Elgin County Council Highlights Aug 11, 2020 The Province of Ontario announced a further $4.2M in funding for the Terrace Lodge Redevelopment I� Project and Elgin County Council considered how to utilize this additional funding based on recommendations by the Terrace Lodge Redevelopment Steering Committee. 0 The Committee recommended enhancements to the Project including oxygen storage, negative pressure rooms and modifications to the staff locker room that would improve operational efficiency and J / n � I I�p nlllll l9�n LI resident comfort and safety during a pandemic orI���IjI "��II4��i�ui�r�i;�lih}��!�'��� outbreak. Additional cleaning and safety measures during construction will also need to be implemented due to COVID-19. The Committee also recommended r; the replacement of the aging Nurse Call System. These enhancements would cost an additional ! 'f The Committee also asked that Council consider ;- enhancements to the dining areas that would allow for more pleasurable dining experience for residents, more efficient use of staffing resources and space , for physical distancing during future pandemics or outbreaks. Additional costs for this expanded dining J, space will be $750,000. Elgin County Council voted y to support both aforementioned enhancements. r, r f, V %/ a 1 1/JG„/rlrir / Prognat,ssive gay Nature I�Ul���11������11��u11��11���II�����������, ��II11(1D1J111J1111J11111119JJJ1lJJ1JJA)I1JJJ1111J1J111J11JlJ1lIJJJJ,D)IIJJJJlA1Jl1DJ1, � ��, � � J Please e-mail tnoble@elgin.ca if you would like to be added to our calendar and information distribution list 178 DRAFT MINUTES Rural Initiatives/Planning Advisory Committee Meeting Date: August 26, 2020 Location: Elgin County Administration Building, 450 Sunset Drive, St. Thomas Administrative Services Boardroom, 3rd Floor Time: 9:00 A.M. Attendees: Members of the Rural Initiatives/Planning Advisory Committee Councillor Ed Ketchabaw (electronic) Councillor Sally Martyn (electronic) Councillor Dominique Giguere (electronic) Warden Dave Mennill (electronic) Elgin County Staff Chief Administrative Officer, Julie/ ihyou (in-poon) Director of Financial Services,,),,�m Bundschuh (" Ibctronic) General Manager of Economio Opv�abpment, Alan Smith (electronic) Supervisor of Legislative Service§/; Community Relations, Katherine Thompson (electronic) Carolyn Krahn, Legislativ s 86Nces Coordinator (in-person) Regrets: Heather Derks 1. Call to Order s, ice, The Rural Initiatives R1,annmg Advisory Committee met this 26t" day of August, 2020 in the Administratiy Serviceoa*oom, at the County Administration Building, St. Thomas at 9 001 M. Committee Members joined the meeting electronically via video conferencing. 2. Approval of Agenda Moved by: Warden Mennill Seconded by: Councillor Martyn Resolved that the agenda be approved as presented. Recorded Vote Yes No Warden Dave Mennill Yes Councillor Dominique Gi uere Yes Councillor Sally Martyn Yes Councillor Ed Ketchabaw Yes 4 0 - Motion Carried. 179 3. Adoption of Minutes Moved by: Councillor Giguere Seconded by: Councillor Martyn Resolved that the minutes of the previous meeting be adopted. Recorded Vote Yes No Warden Dave Mennill Yes Councillor Dominique Gi uere Yes Councillor Sally Mart n Yeses Councillor Ed Ketchabaw Yes 4 0 - Motion Carrie; 4. Additional Funding Requests and 06mmun1 Bryant Program Approval The Supervisor of Legislative Services and Comr-unity Relations provided an update on funding requests received front ct ( murifty members on behalf of local event organizers. While the Committee deci6d to/ pportmmunity Service organizations who developed new and creative; s elf dlirering their services during the pandemic on June 23, 2020 the Committee decided not to provide financial support to festivals and events that had b eri car10/01ed No requests for additional funds have been received directly from everj/j organizer, b6"// some community members have requested that the County consider ( royiding operational funds to support organizations even if their events and festivals have b111' " bbelled. The application period for the 2021 calendar year will open on September 1, 2020, and the timelines will allow the Committee to provide funding earlier in the new year. All previous applicants will be encouraged to apply. Moved by: Warden Mennill Seconded by: Councillor Giguere RESOLVED THAT the August 19th, 2020, report titled, Additional Funding Requests and Community Grant Program Approval, submitted by the Supervisor of Legislative Services and Community Relations, be received and filed for information; and, THAT the Rural Initiatives and Planning Advisory Committee does not recommend additional funding at this time. 180 Recorded Vote Yes No Warden Dave Mennill Yes Councillor Dominique Gi uere Yes Councillor Sally Mart n Yes Councillor Ed Ketchabaw Yes 4 0 - Motion Carried. The Supervisor of Legislative Services and Community Relations presented the final drafts of the Community Grant Program application packages for Community Services, Festivals and Events, and Community Signage. The pi cation packages were reduced o„ in size, language was simplified, and duplicate questions were removed to ensure a positive experience for the grant applicant. Staff WItl seek eedback regarding the new program from applicants at the end of the 2021 process. Moved by: Councillor Martyn Seconded by: Councillor Giguere RESOLVED THAT the Community Grant PM ram application packages for Community Services, Festivals and Events,-and Community/8/ignage be approved and that staff proceed with implementatio cif tft 2021 process beginning on September 1, 2020. Recorded Vote Yes No Warden Dave Mennill Yes Councillor Domi,, ue Gi uere Yes Councillor Sally Mgq n Yes Councillor Ed Ketch "" Yes 4 0 Motion Carried. 5. Next Meeting Date The next meeting date will be at the call of the Chair. 6. Adjournment Moved by: Councillor Mennill Seconded by: Councillor Giguere Resolved that the meeting adjourn at 9.21 a.m. to meet again at the call of the Chair. 181 Recorded Vote Yes No Warden Dave Mennill Yes Councillor Dominique Gi uere Yes Councillor Mart n Yes Councillor Ed Ketchabaw Yes 4 0 - Motion Carried. �% /Adl �j 182 Meeting: Terrace Lodge Redevelopment Fundraising Committee Date: August 24, 2020 Time: 3:30 p.m. Location: Port Bruce Pavilion Attendees: Dominique Giguere, Deputy Mayor—Township of Malahide Kay Haines, Terrace Lodge Auxiliary Peter Barbour, Councillor—Town of Aylmer Ruth Anne Perrin, Community Member Kay Haines, Community Member Jim Jenkins Community Member Richard Kisuule, Community Member Jamie Chapman, Community Member Staff: Michele Harris, Director of Homes and Seniors Services Tanya Noble, Manager of Program and Therapy Services Katherine Thompson, Supervisor of Legislative Services and Community Relations Regrets: Julie Gonyou, Chief Administrative Officer Fiona Roberts, Municipality of Central Elgin Muriel Carrel, Community Member DRAFT MINUTES 1. Call to Order The Terrace Lodge Redevelopment Fundraising Committee met this 24th day of August, 2020 at the Port Bruce Pavilion. The meeting was called to order at 3:32 p.m. 2. Introductions Since the Committee last met, County Council approved the appointment of three (3) new members to the Committee: Richard Kisuule, Jamie Chapman and Jim Jenkins. These members introduced themselves to existing members and staff supports. 3. Review of Agenda Councillor Giguere asked to add a discussion about reaching out to Andrew Gunn to "New Business" and asked that that a motion be introduced to officially appoint Jamie Chapman as a Community Member instead of a Council Representative as the Committee Terms of Reference only allow for one (1) representative per Local Municipal Council. Moved by: Kay Haines Seconded by: Ruth Ann Perrin 183 Resolved that the agenda be approved as revised. - Motion Carried. 4. Adoption of Minutes —June 25, 2020 Moved by: Pete Barbour Seconded by: Ruth Ann Perrin Resolved that the minutes from the meeting held on June 25, 2020 be approved. - Motion Carried. 5. Motion to Accept a Community Member Councillor Jamie Chapman agreed to be appointed to the Committee as a Community Representative instead of a Council Representative in accordance with the Committee's Terms of Reference. The Committee welcomed Ms. Chapman. Moved by: Pete Barbour Seconded by: Kay Haines Resolved that Jamie Chapman be appointed to the Terrace Lodge Redevelopment Fundraising Committee as a Community Member. - Motion Carried. 6. Terrace Lodge Redevelopment Update The Director of Homes and Seniors Services presented a report updating the Committee on activities and progress of the Redevelopment Steering Committee including Elgin County Council's decision to incorporate design changes to address COVID-19 concerns including oxygen, negative pressure rooms, dining room revisions as decided at the August 11, 2020 Council meeting. Ground breaking is scheduled for December. 7. Campaign Timelines —Kick-off Councillor Giguere informed the Committee that she had met with the Redevelopment Steering Committee Chair and they had come to the consensus that the Fundraising Campaign should correspond with the ground breaking. After some discussion the Committee decided that December 1, 2020 should be the campaign kick-off date. Moved by: Kay Haines Seconded by: Jim Jenkins 184 Resolved that launch the Terrace Lodge Redevelopment Fundraising Campaign be scheduled for December 1, 2020 dependent upon any unforeseen COVID-19 related delays. - Motion Carried. 8. Design printing and Advertising Partnership with Aylmer Express Councillor Giguere met with John Hueston in July. He has agreed to support the Terrace Lodge Fundraising Campaign through a partnership with the Aylmer Express that will contribute in-kind services such as design, print and advertising. The Committee is very grateful for this generous contribution. This agreement does not preclude partnerships with other organizations providing similar services. Moved by: Jamie Chapman Seconded by: Richard Kisuule Resolved that the Terrace Lodge Redevelopment Fundraising Committee partner with the Aylmer Express for print, design and advertising services. - Motion Carried. 9. Online Catalogue Design Update Katherine and Tanya have been working on collecting photos and descriptions and will work towards a December 1, 2020 deadline. Councillor Giguere will talk to the Aylmer Express to see if they have stock photos that could be used in a physical catalogue and shared so that online matches with the physical. 10. Future Meetings The Committee set meeting times and dates for the next three (3) months. The Committee will meet at 7:OOp.m. every 4th Monday of the month in September, October and November. An Aylmer or Malahide location to be determined. 11. Other Business Councillor Giguere asked the Committee's permission to approach Andrew Gunn, Manager of the Donna Bushell Estate for advice surrounding the Fundraising Campaign. Mr. Gunn is a prominent local philanthropist with a great deal of experience in charitable giving. The Committee agreed to invite Mr. Gunn to a future meeting to get his advice. 12. Next Meeting Date Monday September 28, 7:00 p.m. Location to be confirmed. 185 13. Adjournment Moved by: Jim Jenkins Seconded by: Jamie Chapman Resolved that the meeting adjourn at 4:32 p.m. to meet again on September 28, 2020 at 7:00 p.m. - Motion Carried. Julie Gonyou, Dominique Giguere, Chief Administrative Officer. Chair. 186 The Corporation of the County of Elgin BY-LAW NUMBER 20-44 A BY-LAW TO APPROVE THE SUBMISSION OF AN APPLICATION TO ONTARIO INFRASTRUCTURE AND LANDS CORPORATION ("OILC") FOR THE LONG-TERM FINANCING OF CERTAIN CAPITAL WORK(S) OF THE COUNTY OF ELGIN (THE "MUNICIPALITY"); AND TO AUTHORIZE THE ENTERING INTO OF A RATE OFFER LETTER AGREEMENT PURSUANT TO WHICH THE MUNICIPALITY WILL ISSUE DEBENTURES TO OILC WHEREAS the Municipal Act, 2001 (Ontario), as amended, (the "Act") provides that a municipal power shall be exercised by by-law unless the municipality is specifically authorized to do otherwise; AND WHEREAS the Council of the Municipality has passed the by-law(s) enumerated in column (1) of Schedule "A" attached hereto and forming part of this By- law ("Schedule "A") authorizing the capital work(s) described in column (2) of Schedule "A" ("Capital Work(s)") in the amount of the respective estimated expenditure set out in column (3) of Schedule "A" , subject in each case to approval by OILC of the long-term financing for such Capital Work(s) requested by the Municipality in the Application as hereinafter defined; AND WHEREAS before the Council of the Municipality approved the Capital Work(s) in accordance with section 4 of Ontario Regulation 403/02 (the "Regulation"), the Council of the Municipality had its Treasurer calculate an updated limit in respect of its then most recent annual debt and financial obligation limit received from the Ministry of Municipal Affairs and Housing (as so updated, the "Updated Limit"), and, on the basis of the authorized estimated expenditure for the Capital Work or each Capital Work, as the case may be, as set out in column (3) of Schedule "A" (the "Authorized Expenditure" for any such Capital Work), the Treasurer calculated the estimated annual amount payable in respect of the Capital Work or each Capital Work, as the case may be, and determined that the estimated annual amount payable in respect of the Capital Work or each Capital Work, as the case may be, did not cause the Municipality to exceed the Updated Limit, and accordingly the approval of the Local Planning Appeal Tribunal pursuant to the Regulation, was not required before any such Capital Work was authorized by the Council of the Municipality; AND WHEREAS subsection 401(1) of the Act provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way, and may issue debentures and prescribed financial instruments and enter prescribed financial agreements for or in relation to the debt; AND WHEREAS the Act also provides that a municipality shall authorize long-term borrowing by the issue of debentures or through another municipality under section 403 or 404 of the Act; 187 AND WHEREAS OILC has invited Ontario municipalities desirous of obtaining long-term debt financing in order to meet capital expenditures incurred on or after the year that is five years prior to the year of an application in connection with eligible capital works to make application to OILC for such financing by completing and submitting an application in the form provided by OILC; AND WHEREAS the Municipality has completed and submitted or is in the process of submitting an application to OILC, as the case may be to request financing for the Capital Work(s) by way of long-term borrowing through the issue of debentures to OILC, substantially in the form of Schedule "B" hereto and forming part of this By-law (the "Application"); AND WHEREAS OILC has accepted and has approved or will notify the Municipality only if it accepts and approves the Application, as the case may be; AND WHEREAS at least five (5) business days prior to the passing of the debenture by-law in connection with the issue of Debentures as defined below, OILC will provide the Municipality with a rate offer letter agreement substantially in the form as provided to the Municipality on or prior to the date of this By-law (the "Rate Offer Letter Agreement"); NOW THEREFORE THE COUNCIL OF THE COUNTY OF ELGIN ENACTS AS FOLLOWS: 1. The Council of the Municipality hereby confirms, ratifies and approves the execution by the Treasurer of the Application and the submission by such authorized official of the Application, duly executed by such authorized official, to OILC for the long-term financing of the Capital Work(s) in the maximum principal amount of$12,000,000, with such changes thereon as such authorized official may hereafter approve, such execution and delivery to be conclusive evidence of such approval. 2. The Warden and Treasurer are hereby authorized to execute and deliver for and on behalf of the Municipality the Rate Offer Letter Agreement under the authority of this By-law in respect of the Capital Work(s) on such terms and conditions as such authorized officials may approve, such execution and delivery to be conclusive evidence of such approval. 3. Subject to the terms and conditions of the Rate Offer Letter Agreement, the Warden and Treasurer are hereby authorized to long-term borrow for the Capital Work(s) and to issue debentures to OILC on the terms and conditions provided in the Rate Offer Letter Agreement (the "Debentures"); provided that the principal amount of the Debentures issued in respect of the Capital Work or of each Capital Work, as the case may be, does not exceed the Authorized Expenditure for such Capital Work and does not exceed the related loan amount set out in column (4) of Schedule "A" in respect of such Capital Work. 4. In accordance with the provisions of section 25 of the Ontario Infrastructure and Lands Corporation Act, 2011, as amended from time to time hereafter, the Municipality is hereby authorized to agree in writing with OILC that the Minister of Finance is entitled, without notice to the Municipality, to deduct from money 188 appropriated by the Legislative Assembly of Ontario for payment to the Municipality, amounts not exceeding the amounts that the Municipality fails to pay to OILC on account of any unpaid indebtedness of the Municipality to OILC under the Debentures (the "Obligations") and to pay such amounts to OILC from the Consolidated Revenue Fund. 5. For the purposes of meeting the Obligations, the Municipality shall provide for raising in each year as part of the general levy, the amounts of principal and interest payable in each year under the Debentures issued pursuant to the Rate Offer Letter Agreement, to the extent that the amounts have not been provided for by any other available source including other taxes or fees or charges imposed on persons or property by a by-law of any municipality. 6. (a) The Warden and Treasurer are hereby authorized to execute and deliver the Rate Offer Letter Agreement, and to issue the Debentures, one or more of the Clerk and the Treasurer are hereby authorized to generally do all things and to execute all other documents and papers in the name of the Municipality in order to perform the terms and conditions that apply to the Municipality as set out in the Rate Offer Letter Agreement and to perform the Obligations of the Municipality under the Debentures, and the Clerk is authorized to affix the Municipality's municipal seal to any such documents and papers. (b) The money realized in respect of the Debentures, including any premium, and any earnings derived from the investment of that money, after providing for the expenses related to the issue of the Debentures, if any, shall be apportioned and applied to the respective Capital Work and to no other purpose except as permitted by the Act. 7. This By-law takes effect on the day of passing. ENACTED AND PASSED this 8t" day of September, A.D. 2020. Julie Gonyou Dave Mennill CAO Warden 189 Schedule "A" to By-Law Number 20-44 (Capital Work(s)) (1) (2) (3) (4) By-Law Number Description of Capital Work Estimated Loan Amount Expenditure 20-08 as amended Wonderland Road $6,225,000 $6,000,000 by 20-40 Reconstruction 20-08 as amended King George Lift Bridge $6,645,000 $6,000,000 by 20-40 190 COUNTY OF ELGIN By-Law No.20-45 "BEING A BY-LAW TO AMEND BY-LAW No. 17-42 AND EXTEND THE APPOINTMENT OF INDEPENDENT RESOLUTIONS INC.AS THE INTEGRITY COMMISSIONER,CLOSED MEETING INVESTIGATOR AND OMBUDSMAN FOR THE COUNTY OF ELGIN PURSUANT TO SECTIONS 8. 9. 10. 11. 223.3. 223.13 AND 239.2 OF THE MUNICIPAL ACT, 2001, S.O.2001, C.25, AS AMENDED" WHEREAS Section 223.3 of the Municipal Act, 2001, as amended, authorizes a municipal councilto appoint an Integrity Commissionerwho is responsible for performing in an independent manner functions related to the Code of Conduct of members of council and local boards; and, WHEREAS Section 223.13 of the Municipal Act, 2001 as amended, authorizes a municipality to appoint an Ombudsman who reports to council and whose function is to investigate in an independent manner any decision or recommendation made, or act done or omitted in the course of the administration; and, WHEREAS Section 239.2 of the Municipal Act, 2001 as amended, authorizes a municipality to appoint a Closed Meeting Investigator who has the function to investigate in an independent manner, a complaint made to him or her by any person, whether the municipality or a local board has complied with section 239 or a procedure by-law under subsection 238 (2) in respect of a meeting or part of a meeting that was closed to the public, and to report on the investigation; and, WHEREAS such services shall be undertaken by an Integrity Commissioner, Closed Meeting Investigator and Ombudsman appointed by the County, pursuant to Sections 8, 9, 10, 11, 223.3, 223.13, 239.2 of the Act; and WHEREAS the County deemed it advisable to appoint Independent Resolutions Inc. as Integrity Commissioner, Closed Meeting Investigator and Ombudsman to perform these services for a three-year term commencing on January 1, 2018 with the option to renew for two additional years; and, WHEREAS the County deems it advisable to renew the appointment of Independent Resolutions Inc. as Integrity Commissioner, Closed Meeting Investigator and Ombudsman to perform these services for an additional two-year term commencing on January 1,2021-1 and, WHEREAS Independent Resolutions Inc. has expressed interest in providing services to the County and its constituent municipalities acting as Integrity Commissioner, Closed Meeting Investigator and Ombudsman on the terms and conditions as agreed from time to time and under written agreement in the form and of the content attached as Schedule "A' hereto; NOW THEREFORE BE IT RESOLVED THAT the Municipal Council of the Corporation of the County of Elgin hereby enacts as follows: 1. THAT, subject to execution of the agreement attached as Schedule "A' hereto, Independent Resolutions Inc. is hereby appointed as Integrity Commissioner, Closed Meeting Investigator and Ombudsman for the County of Elgin to perform those functions set forth in Sections 223.3 through 223.6, 223.13 through 223.17, and 239.2 of the Municipal Act, 2001 (Ontario) including but unlimited to: a) Advice as to the application of the Code of Conduct, the Municipal Conflict of Interest Act, and any related procedures, rules, and policies governing the ethical behavior of members of council and local boards; 191 b) Conducting inquiries in respect of any requests alleging contravention of the Code of Conduct, the Municipal Conflict of Interest Act and/or any other procedures, rule or policy governing the ethical behavior of members of council and local boards; c) Conducting inquiries in respect to the municipality or local boards' compliance with section 239 in respect of a meeting or part of a meeting that was closed to the public and in respect to any decision or recommendation made, or act done or omitted in the course of the administration; d) Reporting to council for the Corporation of the County of Elgin as to activities as Integrity Commissioner, Closed Meeting Investigator and Ombudsman, including but not limited to reports as to the results of any inquiry into alleged contravention and/or an annual report of activities as Integrity Commissioner/Investigator/Ombudsman; and, e) Educating members of council, members of local boards, the municipality and the public about the municipality's code of conduct for members of council and members of local boards and about the Municipal Conflict of Interest Act. 2. THAT this by-law shall come into force and take effect on January 1, 2021. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 8TH DAY OF SEPTEMBER 2020. Julie Gonyou, Dave Mennill, Chief Administrative Officer. Warden. 192 SCHEDULE `A' EXTENSION AGREEMENT THIS AGREEMENT effective the 81h day of September, 2020. BETWEEN: INDEPENDENT RESOLUTIONS INC. (the "Municipal Ombudsman, Closed Meeting Investigator and Integrity Commissioner") OF THE FIRST PART; -and - THE CORPORATION OF THE COUNTY OF ELGIN (the "County") OF THE SECOND PART; hereinafter collectively referred to as the "Parties". WHEREAS: A. The Parties entered into a Municipal Ombudsman, Closed Meeting Investigator and Integrity Commissioner Agreement dated January 1, 2018 (hereinafter, the "2018 Agreement")which is attached hereto as SCHEDULE"A"and forms a part of this Extension Agreement; B. The Municipal Ombudsman, Closed Meeting Investigator and Integrity Commissioner provides professional services to the County and participating municipalities within the geographic limits of Elgin County pursuant to the 2018 Agreement; C. By virtue of section 4.9 and Appendix B of the Policy for the Procurement of Goods and Services for the Corporation of the County of Elgin (hereinafter " Policy "), adopted by Elgin County Council pursuant to By-Law 20-07 for the said Corporation of the County of Elgin, permits the approval and adoption of the within Extension Agreement as an exception and/or exemption from otherwise applicable purchasing methods required pursuant to the said Policy, the applicable grounds for which include but are not necessary limited to the following: i. The 2018 Agreement and this Extension Agreement are part of an ongoing Co-operative Purchasing venture with participating municipalities within the geographic limits of Elgin County, which is in the best interest of the County and is authorized by County Council in accordance with subsection 4.9 (a) of the Policy, as the joint venture was recently procured by a Request for Proposals process in 2018 and affords the County and participating municipalities a quality service at the lowest cost; and ii. Municipal Ombudsman, Closed Meeting Investigator, and Integrity Commissioner services are professional services related to legal matters, which Council recognizes as an exception to otherwise applicable purchasing methods in accordance with Appendix B of the Policy; D. The Parties have discussed renewal terms, as set out in section 5.2 of the 2018 Agreement and are agreeable to extend the term of the 2018 Agreement for a period of two(2) years and wish to reduce the terms of such consensus within this Extension Agreement'. 194 NOW, THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of the sum of Ten Dollars ($10.00) now paid by each of the parties to the other and the covenants and agreements herein contained (the receipt and sufficiency of all of which is acknowledged), the Parties hereto agree as follows: Recitals 1. The above recitals are true and are hereby incorporated into this Extension Agreement by reference. Incorporation of 2018 Agreement mutatis mutandis 2. Subject to the terms herein, the Parties agree that the provisions of the 2018 Agreement are incorporated mutatis mutandis into this Extension Agreement. Term 3. Clause 5.1 of the 2018 Agreement is hereby amended by deleting the words reading "December 31, 2020" and inserting "December 31, 2022". Counterparts 4. This Agreement may be executed and delivered by the Parties in one or more counterparts, each of which will be an original, and each of which may be delivered by facsimile, e-mail or other functionally equivalent electronic means of transmission, and those counterparts will together constitute one and the same instrument. IN WITNESS WHEREOF this Extension Agreement has been executed by the Parties hereto on the date(s)set out below and the Parties agree that this Agreement shall be effective on the date set out at the top of page one (1) of this Agreement. INDEPENDENT RESOLUTIONS INC. Date: September _, 2020 Per: Name: Mark McDonald Title: President I have the authority to bind the Corporation. Address for Service: 17 Hummingbird Lane, St. Thomas, ON N6A 2P1 THE CORPORATION OF THE COUNTY OF ELGIN Date: September_, 2020 Per: Name: Dave Mennill Title: Warden Per: Name: Julie Gonyou Title: County CAO/Clerk We have authority to bind the Corporation. Address for Service: County Building, 450 Sunset Drive, St. Thomas, ON N5R 5V1 195 SCHEDULE `A' 2018 Agreement 196 Page 11 Schedule"A" _ By-Law No. 17-42 MUNICIPAL OMBUDSMAN, CLOSED MEETING INVESTIGATOR AND INTEGRITY COMMISSIONER AGREEMENT MEMORANDUM OF AGREEMENT effective the 18t day of January, 2018. BETWEEN: CORPORATION OF THE COUNTY OF ELGIN (hereinafter,the"County"") OF THE FIRST PART -and- INDEPENDENT RESOLUTIONS INC. (hereafter,the"Municipal Ombudsman, Closed Meeting Investigator and Integrity Commissioner" or the"Independent Investigator") OF THE SECOND PART (hereinafter, collectively referred to as the"Parties") WHEREAS: A. Elgin County and Middlesex County issued a joint Request for Proposals (Reference No. ADM 2017-1) to seek out and retain the services of a combined Municipal Ombudsman, Closed Meeting Investigator, and Integrity Commissioner for each of the said municipal corporations: B. Section 223.13(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended (the "Act"), authorizes municipalities to appoint an Ombudsman (hereafter, "Municipal Ombudsman") who reports to council and whose function it is to investigate in an independent manner any decision or recommendation made or act done or omitted in the course of the administration of the appointing municipality, its local boards and specified municipally-controlled corporations; C. Section 239.2(1) of the Act authorizes a municipality to appoint an investigator (hereafter, Closed Meeting Investigator") who has the function of investigating in an independent manner upon a complaint made to him or her by any person, whether a municipality or local board has complied with Section 239 of the Act or a procedure by-law under subsection 238(2) of the Act in respect of a meeting or part of a meeting that was closed to the public, and to report on such investigation; D. Section 223.3(1) of the Act authorizes a municipality to appoint an Integrity Commissioner (hereafter, "Integrity Commissioner") who reports to council and who is responsible for performing in an independent manner functions assigned by the municipality with respect to, (a) the application of the code of conduct for members of council, its local boards and/or their committees; (b) the application of procedures, rules and policies governing the ethical behavior of members of council, its local boards and/or committees; or (c) both of clauses (a) and (b). E. Sections 223.13(2), 239.2(2) and 223.13(2) of the Act provide that a Municipal Ombudsman, Closed Meeting Investigator and Integrity Commissioner may exercise the powers and perform the duties assigned to him or her by the appointing municipality; F. Sections 223.13(10), 239.2(8) and 223.4(1) of the Act provide that a Municipal Ombudsman, Closed Meeting Investigator and Integrity Commissioner are not required to be an employee of the appointing municipality; initials 197 Page 12 G. Section 223.4(5) of the Act does not preclude a municipally-appointed Integrity Commissioner from recommending to council such remedial measures other than those measures listed in 223.4(5)to carry out the objectives of the procedures, rules and policies governing the ethical behavior of members of council and/or local boards, so long as such measures are not penalties and do not constitute offences; H. It is anticipated that one or more local municipalities located within the territorial limits of Elgin County may determine it to be in the public interest to engage in cooperative purchasing with respect to a Municipal Ombudsman, Closed Meeting Investigator, and Integrity Commissioner, under which arrangements the County will pay the initial retainer required of the County and any one or more local municipalities and such local municipality or municipalities would secure and pay for any fees and expenses for the services of such Municipal Ombudsman, Closed Meeting Investigator, and Integrity Commissioner pursuant to a separate agreement between each such local municipality and the said Municipal Ombudsman, Closed Meeting Investigator, and Integrity Commissioner. 1. The County, on its own behalf and, to the extent set forth below, on behalf of the local municipalities located within its territorial limits, deems it desirable to appoint and/or retain Independent Resolutions Inc. as its respective Municipal Ombudsman, Closed Meeting Investigator and/or Integrity Commissioner on an as needed basis, who may exercise the powers and perform the duties assigned to him,as set out in this Agreement; J. Independent Resolutions Inc. has the skills, abilities, and has consented to act as the Municipal Ombudsman, Closed Meeting Investigator and Integrity Commissioner pursuant to the terms and conditions set out in this Agreement;and K. In appointing Independent Resolutions Inc. as Municipal Ombudsman and assigning powers and duties as set out in this Agreement, the County has had regard to the importance of the matters set out in section 223.13(5) of the Act,as required by section 223.13(3) of the Act. NOW THEREFORE, in consideration of payment of the sum of ONE DOLLAR ($1.00) now paid by each Party hereto to the other such Party and the mutual covenants and obligations set forth herein, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties hereto agree as follows: 1 Interpretation 1.1 The above recitals are true and are hereby incorporated into this Agreement by reference. 1.2 For the purposes of this Agreement, "committee" and "local board" shall have the meanings as defined in section 1(1)of the Act,as amended or replaced. 1.3 For the purposes of this Agreement, "inquiry(ies)"shall have the meaning as defined in the Public Inquiries Act, 2009, SO 2009, c 33,Sch 6, as amended or replaced. 1.4 In this Agreement, "Communication" means any notice, demand, request, consent, approval or other communication which is required or permitted by this Agreement to be given or made by a party. 2 Appointment and Powers 2.1 Pursuant to the authority vested in sections 223.13(1), 239.2(1) and 223.3(1) of the Act and thereby as a statutory officer, the County appoints Independent Resolutions Inc. as its respective Municipal Ombudsman, Closed Meeting Investigator and Integrity Commissioner (hereafter, collectively referred to as the "Independent Investigator"), who may exercise the powers and perform the duties assigned to him below: 2.1.1 In the role of Municipal Ombudsman,the Independent Investigator shall on an as needed basis and upon receipt of a request, investigate and report to County Council in an independent manner on any decision or recommendation made or act done or omitted in the course of the administration of the County and its local initials 198 Page (3 boards, excluding the Elgin St. Thomas Health Unit, in accordance with section 223.13(1-2) of the Act. 2.1.2 In the role of Closed Meeting Investigator, the Independent Investigator shall on an as needed basis and upon receiving a complaint by any person, investigate in an independent manner, any meeting or part of a meeting of the County and its local boards, excluding the Elgin St. Thomas Health Unit, that is closed to the public in accordance with section 239.2(1-2) of the Act; and 2.1.3 In the role of Integrity Commissioner, the Independent Investigator shall in accordance with sections 223.3(1-2) of the Act. (a) upon receiving a request by County Council, a member of County Council, the County Clerk or a member of the public, conduct inquiries in an independent manner with respect to adherence to the procedures, rules and policies of the County and the County's local boards, excluding the Elgin St. Thomas Health Unit; (b) upon request made by County Council, a member of County Council or a member of the public, conduct inquiries in an independent manner with respect to the ethical behaviour of Councillors and Members of County Council and the County's local boards, excluding the Elgin St. Thomas Health Unit, in accordance with section 223.4 of the Act; and (c) following any inquiry conducted pursuant to section 2.1.3(a-b) above, make a report and recommendations to County Council or local boards as applicable;and, (d) without limiting that set forth above or herein and in respect of any such applicable inquiry: (i) The Independent Investigator,when conducting an inquiry in accordance with section 2.1.3(b) of this Agreement and section 223.4 of the Act, shall treat the procedures, rules and policies of the County and its local boards as part of the code of conduct applicable for the purposes of carrying out inquiries. (ii) Following an inquiry pursuant to 2.1.3(b) herein and section 224.4 of the Act, the Independent Investigator may make recommendations to council and/or local boards, as set out in subsection 223.4(5) of the Act and in addition, may recommend to County Council and the County's local boards at his or her discretion, such other remedial measures (including but not limited to apologies, return of property, etc.) necessary to carry out the objectives set out in the procedures, rules and policies, so long as such remedies are not penalties and do not constitute offences do not provide that any Councilor or member is guilty of an offence. 2.2 In addition to and in furtherance of the appointments and powers provided to the Investigator in section 2.1 above, the County hereby confirms that the Independent Investigator shall have the powers set out in Schedule "A" in his role as Ombudsman, the powers set out in Schedule "B" in his role as Close Meeting Investigator, and the powers set out in Schedule"C" in his role as Integrity Commissioner. 2.3 The County shall provide to the Independent Investigator the following documents for the County and its local boards: 2.3.1 A certified copy of the County's procedural by-law; 2.3.2 A certified copy of the County's notice by-law; 2.3.3 A certified copy of the procedures, rules and policies of the County and the County's local boards; 2.3.4 A listing of applicable local boards subject to this Agreement; and 2.3.5 A certified copy of the County's Council Code of Conduct. Initials 199 Page 14 3 Process and Duties 3.1 Every request for an investigation or inquiry of: (a) any decision or recommendation made or act done or omitted in the course of the administration of the County or its local boards; (b) any meeting or part of a meeting of the County or its local boards that is closed to the public; (c) adherence to the procedures, rules and policies of the County or its local boards; or (d) the ethical behavior of members of County Council or the County's local boards,shall: 3.1.1 Be directed to the Independent Investigator; 3.1.2 Be in writing; 3.1.3 Include the reasons for the request; 3.1 A Be signed; and 3.1.5 Include an address and telephone number of the person making the request or complaint. Should a request for an investigation or inquiry noted in section 3.1(a)-(d) be received by any other person employed by the County other than the Independent Investigator, that person shall forthwith notify the County Clerk who shall provide the requesting party with the contact information of the Independent Investigator so that the requesting party may make the request directly to the Independent Investigator. 3.2 Upon receipt of a request for investigation or inquiry, the Independent Investigator will be provided immediate access to the following information by the County Clerk or any other Department Head that the Investigator deems appropriate: 3.2.1 The original request or complaint; 3.2.2 A contact list for all members of County Council or local board relevant to the request or complaint; and 3.2.3 Such other information or documentation that the Independent Investigator or Independent Investigator's Delegate may from time to time deem relevant to the investigation or inquiry. 3.3 The Independent Investigator shall fulfill the following duties: 3.3.1 To conduct investigations and inquiries from time to time upon receipt of a request to determine compliance with the Act; 3.3.2 To report in writing on such investigations to County Council and local boards of the County, as applicable; 3.3.3 To proceed without undue delay and with due diligence to investigate a complaint, and to consider time to be of the essence with any and all investigations or inquiries; 3.3.4 To proceed to investigate a complaint impartially and independently of the County and its local boards; 3.3.5 To hear or obtain information from such persons in accordance with the Act; 3.3.6 To preserve the confidentiality of all matters of any investigation or inquiry that require secrecy, save and except disclosure of such matters permitted by the Act to establish grounds for report conclusions and/or recommendations; 3.3.7 To properly apply the doctrine of legal privilege, as applicable to County Councillors and members of local boards; 3.3.8 If at any time during the course of an investigation or inquiry it appears to the Independent Investigator that there may be sufficient grounds for a report or recommendation that may adversely affect the County, a local board of the County, a County Councilor, a municipally-controlled corporation or any other individual person, the Independent Investigator shall give County Council the local board, or the individual an opportunity to make representations respecting the adverse report or recommendation, either personally or by counsel; Initials 200 Page (5 3.3.9 To draft written report to County Council and/or local board, as applicable, with appropriate recommendations; and 13.10 To dismiss complaints that are without merit or deemed to be vexatious and prepare a report confirming the non-meritorious nature of such complaints. 3.4 Without limiting and in addition to the duties provided for in section 3.3 above, the County hereby confirms that the Independent Investigator shall be subject to the rules and shall have the duties set out in Schedule "A"in his role as Ombudsman, set out in Schedule `B"in his role as Closed Meeting Investigator, and set out in Schedule "C' in his role as Integrity Commissioner. 3.5 Upon receipt by the County or a local board, a report of the Independent Investigator shall be part of the public record. 4 Fees 4.1 The County shall pay the Independent Investigator an Annual Retainer of THREE THOUSAND DOLLARS ($3,000.00) in respect of services contemplated by this Agreement to the County. Additionally and on behalf of each and every participating local municipality located within the geographic limits of Elgin County, the County shall pay the Independent Investigator an Annual Retainer of THREE THOUSAND DOLLARS ($3,000.00) or the appropriate portion thereof based upon the nature and extent of services to be provided to each such local municipality,whichever is lower. 4.2 The County shall pay the fees and expenses of the Independent Investigator at a rate of ONE HUNDRED AND FIFTY DOLLARS ($150.00) per hour, plus applicable taxes and reasonable disbursements, during such time as the Independent Investigator is performing the duties set out in this Agreement. The Independent Investigator agrees that the above rate shall be charged only for such time that he is actively investigating a complaint and preparing/presenting a report to County Council or local board. Any participating local municipality shall pay the hourly rate of ONE HUNDRED AND FIFTY DOLLARS ($150.00) through a separate agreement and in respect of services contemplated by this Agreement but relating to matters directly involving that specific local municipality. 5 Term of Agreement 5.1 Subject to the termination and amendment provisions of this Agreement(sections 8 and 9), the term of this Agreement shall commence at 12:00 a.m. on January 1, 2018 and expire at 11:59 p.m.on December 31, 2020 ("Term"). 5.2 At least six(6) months prior to the end of the Term,the Parties agree to discuss renewal terms. If no agreement is reached prior to the last day of the Term, this Agreement shall expire unless the Parties mutually agree in writing to extend the negotiation period for sixty (60) days (`Extension Period"). In the event renewal terms have not been agreed to by the Parties at the end of the Extension Period, this Agreement shall terminate immediately on the last day of the Extension Period. 6 Indemnification and Insurance 6.1 Subject to any statutory provision in respect of such obligation, the County shall hold harmless and indemnify the Independent Investigator, or any person acting under instructions therefrom, from all claims, demands, liability, and costs incurred or suffered in relation to or connection with the defence of a proceeding if such proceeding relates to an act done in good faith in the performance or intended performance of a duty, authority, or power contemplated by this Agreement or the legislation referred to herein or an alleged neglect or default in the performance in good faith of such duty, authority, or power. 6.2 Throughout the term of this Agreement, the Independent Investigator, at its expense, shall secure and maintain in force policies of insurance providing coverages for commercial general liability and errors and omissions, both of terms and conditions acceptable to the County and to be in effect and providing coverage while the Independent Investigator is acting as contemplated by this Agreement, which policies initials 201 Page 16 eheU be underwritten by on insurer licensed to conduct business in the Province of Ontario and,further thereto, shall include, among others, the following terms: 8.21 a limit of liability of not less than$2.00O.00O.0O per 000unonoo� 622 the County shall be named ouon additional insured; 62.3 the policy or policies shall contain o provision for omne'|iabi|hy in mnpoot of the named insured; 6.2.4 non-owned automobile coverage with a limit of at least$1,000,000.00, including contractual non-owned coverage; 8.2.5 products and completed operations oomamgo (broad form) with an aggregate limit of not less than$2.00U.00O.0O; and, 02.6 that thirty (30) days prior notice of an a|teroUon, uanueUotinn, or material change in policy terms,which reduces coverage,shall be given in writing to the County. Within fifteen (15) days of execution of this Agreement, the Independent Investigator ahuU pmvido, and thereafter mp|000 as is mquinad, adequate proof ofthe said policy or policies of insurance or any renewal or replacement thereof, including but not necessarily limited to a then current Certificate of Insurance or true copy thereof. 6.3 During the term of this Agreement and upon receipt of payment of the annual premiums for the insurance coverages referred to in section 6.2 above,the County shall reimburse the Independent Investigator an amount equal to fifty percent(50%) of the paid premium for errors and omissions coverage only, plus taxes accruing thereto. 7 Dispute Resolution 7.1 Upon written request to naaohe any disputes arising from this Agreement which is sent by one party to another, the parties hereby agree to resolve all disputes pursuant to this section. Upon receipt by the receiving party of written request to resolve disputes,the Parties ahoU first attempt to resolve all disputes by way of formal negotiation between the Parties and their appointed representatives. If the disputes cannot be settled within thirty (30) days from the receipt of the written request to resolve disputes by the receiving party, then the Parties shall enter into uatmotuned negotiation on awithout prejudice basis with the assistance of a mediator appointed by them If the disputes cannot be settled within ninety (SO) days from the receipt of written request to resolve disputes by the receiving party, or such longer period as may be agreed to by the Parties, the Parties oho||, refer the matter forthwith to an arbitration which shall finally resolve the diuputo(e) The aforementioned arbitration shall bo conducted inaccordance with the Ontario Arbitration Act, Y0Q1. SO1QQ1.o17. as amended nrreplaced. D Termination 8.1 This Agreement may be terminated by any party on ninety (AO) days written notice to the other party, provided that any investigations or inquiries commenced prior to the termination date shall be completed pursuant to this Agreement and all related fees shall be paid as set out in the Agreement. 9 Amendment 9.1 No amendment dianharge, mndifioo1inn, raotatement, aupp|oment, or termination of this Agreement ia binding unless itioin writing and executed by the Parties. 8.2 The Parties hereto agree that, in the event of legislative changes affecting the provisions of this Agreement, including but not limited to changes contemplated by Bill 88 and potentially relating to, among other things, the duties and povvom of Municipal Ombudsman, Closed Meeting Investigator, and/or Integrity Commissioner and further reflecting upon Fees chargeable by and payable to such offioia|s, they will negotiate in good faith and execute an agreement to account for any such legislative ohangen, and the effects thereof,while otherwise maintaining the spirit and intent of this Agreement. initials 202 Page 17 18 Notices 101 Any Communication between the Parties must bein writing and either be: (a) delivered personally orbycourier; (b) sent by prepaid registered mail; or (c) transmitted by facsimile, e-mail or functionally equivalent electronic means of transmission, and in any such circumstances, all charges (if any) prepaid. Any Communication must be sent to the intended Party at its address for service listed on the signature pages of this Agreement or to any other address as any party may at anytime advise the other by Communication given or made in accordance with this section. Any Communication delivered to a party to whom it is addressed will be deemed to have been given or made and received on the day itin delivered at that party's address, provided that if that day is not a business day then the Communication will be deemed to have been given or made and received on the next business day.Any Communication transmitted by faoaimi|o, e-mail or other functionally equivalent electronic means of transmission will be deemed to have been given or made and n000ivod on the day on which itimtransmitted; but ifthe Communication is transmitted on a day which in not o business day ur after 4:ODpm (local time of the recipient), the Communication will be deemed to have been given or made and received on the next business day. 11 Assignment 11.1 The Parties agree that the Independent Investigator shall not assign or alienate, in whole or in part,this Agreement or the power or authority granted hereunder without the prior written approval of the County,which approval may be unreasonably withheld. 12 Entire Agreement 12.1 The Parties agree this Agreement, including any Schedule hereto, constitutes the entire agreement and consensus between the Parties as of the date hereof.There are not and shall not be any verbal n1atemento, repmaentaUono, wmrmndoo, undedakingo, or other agreements relating to the specific power or authorization contemplated herein as between the Parties. 13 Govorabi|ity 13.1 Each section of this Agreement is distinct and severable. If any section of this Agn*ement, in whole or in part, is or becomes iUega|, inva|id, void, voidable or unenforceable in any jurisdiction by any court of competent jurisdiction, the illegality, invalidity or unenforceability of that section, in whole or in part,will not affect: (a) the legality, validity or enforceability of the remaining sections of this Agreement, in whole orin part; or (b) the legality, validity or enforceability of that section, in whole or in part, in any other jurisdiction. 14 Governing Law 14.1 This Agreement io governed by, and is to be construed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable in that Province. 15 Counterparts 15.1 This Agreement may be executed and delivered by the Parties in one or more oountorpaAo, each of which will be an ohgina|, and each of which may be delivered by initiais 203 Page 18 facsimile, e-mail, or other functionally equivalent electronic means of transmission, and those counterparts will together constitute one and the same instrument. 16 Enurement 16.1 The Parties hereto agree that this Agreement shall enure to the benefit of and be binding upon the Parties hereto and their respective heirs, executors, administrators, and assigns. IN WITNESS WHEREOF this Agreement has been executed by the Parties hereto on the dates) set out below and the Parties agree that this Agreement shall be effective on the date set out at the top of page one (1) of this Agreement. CORPORATION OF THE COUNTY OF ELGIN Date: February f�, 2018 ff Address for Service: Per: Attn: County Clerk Name: David Warr Elgin Administrative Building Position: Warden 450 Sunset Drive St.Thomas, ON N5R 5V1 Per: QLC. .e/ Na Julie Gonyou Position: Chief Administrative Officer We have authority to bind the Corporation INDEPENDENT RESOLUTIONS INC. Date: February 12018 Address for Service: Per: W � 17 Hummingbird Lane Name: Mark Mc0S nald St.Thomas, ON N5R 61_8 Position: I have authority to bind the Corporation initials 204 SCHEDULE "A" ADDITIONAL RULES & DUTIES: MUNICIPAL OMBUDSMAN (By Reference To Applicable Statutory Authorities) MunicipalAct, 2001, S.O. 2001c.25, as amended Same,Ombudsman 22513(4) In carrying out his or her functions under subsection (1). the Ombudsman shall have regard to, among other mattom,the importance of the matters listed in subsection(5). Gam, (5) The matters referred tnin subsections(3)and (4)are, (o) the Ombudsman's independence and impartiality; (b) confidentiality with respect to the Ombudsman's activities; and (c) the credibility of the Ombudsman's investigative process. Powers paramount (0) The povvom conferred on the Ombudsman under this Part may be exercised despite any provision in any Act to the effect that any such dooiaion, reoummendation, act or omission is final, or that no appeal lies in respect of them, or that no proceeding or decision of the person or organization whose deoioion, reoommendatinn, act or omission it is shall be challenged, reviewed, quashed or called inquestion. Decisions not reviewable (T) Nothing in this Part empowers the Ombudsman to investigate any decision, recommendation, act nromission, (a) in respect of which there is, under any Act, a right of appeal or objection, or a right to apply for a hearing or review, on the merits of the case to any court, or to any tribunal constituted by or under any Act, until that right nfappeal or objection or application has been exercised in the particular case, or until after any time for the exercise of that right has expired; or (b) of any person acting as legal adviser to the municipality, a local board or o municipally-controlled corporation or acting as counsel to any of them in na|uUon to any proceedings. 2000.o. 32, 8ohed.A.&90. Delegation (8) The Ombudsman may delegate in writing to any pnreon, other than a member of nnunoi|. any nf the Ombudsman's powers and duties under this Part. Same (S) The Ombudsman may continue tn exercise the delegated powers and duties, despite the delegation. Investigation 223.14(1) Every investigation by the Ombudsman shall be conducted inprivate. Opportunity to make representations (2) The Ombudsman may hear or obtain information from such persons as he or she thinks fit., and may moho such inquiries as he or she thinks fit and it is not necessary for the Ombudsman to hold any hearing and no person in entitled as of right to be heard by the Ombudoman, but ifat any time during the course of an investigation it appears to the Ombudsman that there may he sufficient grounds for him or her to make any report or recommendation that may adversely affect the municipality, a local board, a municipally- controlled corporation or any other person, the Ombudsman ehoU give him, her oriton opportunity to make representations respecting the odwonso report or recommendation., either personally nrbycounsel. initials 205 -------------------- Page 110 Application of Ombudsman Act (3) Section 19 of the Ombudsman Act applies to the exercise of powers and the performance of duties by the Ombudsman under this Part and,for the purpose, references in section 19 of that Act to"any public sector body"are deemed to be references to"the municipality, a local board or a municipally-controlled corporation". (Secondary Statutory Reference Set Forth Immediately Below) Ombudsman Act, R.S.O. 1990, c. 0.6,as amended Evidence 19. (1) The Ombudsman may from time to time require any officer, employee or member of any public sector body who in his or her opinion is able to give any information relating to any matter that is being investigated by the Ombudsman to furnish to him or her any such information, and to produce any documents or things which in the Ombudsman's opinion relate to any such matter and which may be in the possession or under the control of that person. Examination under oath (2) The Ombudsman may summon before him or her and examine on oath, (a) any complainant; (b) any person who is an officer or employee or member of any public sector body and who, in the Ombudsman's opinion, is able to give any information mentioned in subsection(1);or (c) any other person who, in the Ombudsman's opinion, is able to give any information mentioned in subsection(1), and for that purpose may administer an oath. Secrecy j3 . Subject to subsection (4), no person who is bound by the provisions of any Act, other than the Public Service of Ontario Act, 2006, the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, to maintain secrecy in relation to, or not to disclose, any matter shall be required to supply any information to or answer any question put by the Ombudsman in relation to that matter, or to produce to the Ombudsman any document or thing relating to it, if compliance with that requirement would be in breach of the obligation of secrecy or non-disclosure. Providing personal information despite privacy Acts (3_1) A person who is subject to the Freedom of Information and Protection of Privacy Act, the Municipal Freedom of Information and Protection of Privacy Act or the Personal Health Information Protection Act, 2004 is not prevented by any provisions in those Acts from providing personal information to the Ombudsman, when the Ombudsman requires the person to provide the information under subsection(1)or (2). Idem (4) With the previous consent in writing of any complainant, any person to whom subsection (3) applies may be required by the Ombudsman to supply information or answer any question or produce any document or thing relating only to the complainant, and it is the duty of the person to comply with that requirement. Privileges (5) Every person has the same privileges in relation to the giving of information, the answering of questions, and the production of documents and things as witnesses have in any court. Initials 206 Page I11 Protection (6) Except on the trial of any person for perjury in respect of the person sworn testimony, no statement made or answer given by that or any other person in the course of any inquiry by or any proceedings before the Ombudsman is admissible in evidence against any person in any court or at any inquiry or in any other proceedings, and no evidence in respect of proceedings before the Ombudsman shall be given against any person. Right to object to answer LZ A person giving a statement or answer in the course of any inquiry or proceeding before the Ombudsman shall be informed by the Ombudsman of the right to object to answer any question under section 5 of the Canada Evidence Act. Prosecution Lt No person is liable to prosecution for an offence against any Act, other than this Act, by reason of his or her compliance with any requirement of the Ombudsman under this section. Fees (9) Where any person is required by the Ombudsman to attend before him or her for the purposes of this section, the person is entitled to the same fees, allowances, and expenses as if he or she were a witness in the Superior Court of Justice, and the provisions of any Act, regulation or rule in that behalf apply accordingly. Duty of confidentiality 223.15(1) Subject to subsection (2),the Ombudsman and every person acting under the instructions of the Ombudsman shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of his or her duties under this Part. Disclosure (2) The Ombudsman may disclose in any report made by him or her under this Part such matters as in the Ombudsman's opinion ought to be disclosed in order to establish grounds for his or her conclusions and recommendations. Section prevails (3) This section prevails over the Municipal Freedom of Information and Protection of Privacy Act. No review,etc. 223.16 No proceeding of the Ombudsman under this Part shall be held bad for want of form, and, except on the ground of lack of jurisdiction, no proceeding or decision of the Ombudsman is liable to be challenged, reviewed,quashed or called in question in any court. Testimony 223.17(1) The Ombudsman and any person acting under the instructions of the Ombudsman shall not be called to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his or her knowledge in the exercise of his or her functions under this Part. Same (2) Anything said or any information supplied or any document or thing produced by any person in the course of any investigation by or proceedings before the Ombudsman under this Part is privileged in the same manner as if the inquiry or proceedings were proceedings in a court. Initials 207 Pale ( 12 Effect on other rights,etc. 223.18The rights, remedies, powers, duties and procedures established under sections 223.13 to 22117 are in addition to the provisions of any other Act or rule of law under which any remedy or right of appeal or objection is provided for any person, or any procedure is provided for the inquiry into or investigation of any matter, and nothing in this Part limits or affects any such remedy or right of appeal or objection or procedure. initials 208 Page 113 SCHEDULE "B" ADDITIONAL RULES & DUTIES: CLOSED MEETING INVESTIGATOR (By Reference ToApplicable Statutory Au horitiem MunicipalAct, 2001, S.O. 2001, c'25L as amended Meetings open uzpublic 239. (1) Except an provided in this section, all meetings shall be open tn the public. Exceptions (2) A meeting or part of a meeting may be closed to the public if the subject matter being considered is, (a) the security of the property of the municipality or local board; (b) personal matters about an identifiable individual, including municipal or local board emp|oyees� (c) a proposed or pending acquisition or disposition of land by the municipality or local board', (d) labour relations or employee negotiations; (e) litigation or potential |idgation, including matters before administrative thbunals, affecting the municipality or local board-, (f) advice that ie subject to solicitor-client privilege, including communications necessary for that purpose; (g) a matter in respect of which a oounci|, buand, committee or other body may hold e closed meeting under another Act. (h) information explicitly supplied in confidence to the municipality or |nna| board by Canada, o province or territory ura Crown agency uf any ofthem; (i) o trade secret or sciontifio, technica|, commencia|, financial, or labour relations information, supplied in confidence to the municipality or |uoa| boand, whioh, if dimo|ouod, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; U) utrade secret or scientific, 1euhnica|, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; or, (W a position, plan, procedure, criteria, or instruction to be applied to any negotiations carried onortobe carried unbyoron behalf of the municipality ur local board. Other criteria (3) A meeting or port of meeting shall be closed to the public if the subject matter being considered is. (a) a request under the Municipal Freedom of Information and Protection of Privacy Act, if the mounci|, boond, commission or other body is the head of an institution for the purposes uf that Act; or (b) on ongoing investigation respecting the municipality, a local board oramunicipally- controlled corporation by the Ombudsman appointed under the Ombudsman Act, an Ombudsman referred to in subsection 223.13 (1) of this Act, or the investigator referred tuin subsection 2JS2(1). Educational or training sessions (11) 8meeting ofacouncil or local board nrofa committee of either ufthem maybe closed to the public if the following conditions are both satisfied: 1. The meeting is held for the purpose uf educating or training the members. 2. At the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the council, local board or committee. initials 209 Pa(Ye 114 Resolution (4) Before holding a meeting or part of a meeting that is to be closed to the public, a municipality or local board or committee of either of them shall state by resolution, (a) the fact of the holding of the closed meeting and the general nature of the matter to be considered at the closed meeting; or (b) in the case of a meeting under subsection (3.1), the fact of the holding of the closed meeting, the general nature of its subject-matter and that it is to be closed under that subsection. Open meeting (5) Subject to subsection (6), a meeting shall not be closed to the public during the taking of a vote. Exception (6) Despite section 244, a meeting may be closed to the public during a vote if, (a) subsection(2)or(3) permits or requires the meeting to be closed to the public; and (b) the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the municipality, local board or committee of either of them or persons retained by or under a contract with the municipality or local board. Record of meeting (7) A municipality or local board or a committee of either of them shall record without note or comment all resolutions, decisions and other proceedings at a meeting of the body, whether it is closed to the public or not. Same (8) The record required by subsection(7)shall be made by, (a) the clerk, in the case of a meeting of council; or (b) the appropriate officer, in the case of a meeting of a local board or committee. Record may be disclosed (9) Clause 6 (1) (b) of the Municipal Freedom of Information and Protection of Privacy Act does not apply to a record of a meeting closed under subsection(3.1). Same, investigator 239.2 (4) In carrying out his or her functions under subsection (1),the investigator shall have regard to,among other matters,the importance of the matters listed in subsection (5). Same (5) The matters referred to in subsections(3) and (4)are, (a) the investigator's independence and impartiality; (b) confidentiality with respect to the investigator's activities; and (c) the credibility of the investigators investigative process. Delegation (6) An investigator may delegate in writing to any person, other than a member of council, any of the investigator's powers and duties under this Part. Same (7) An investigator may continue to exercise the delegated powers and duties, despite the delegation. Application (9) Subsection 223.13(6) and sections 223.14 to 223.18 apply with necessary modifications initials 210 Page 115 with respect to the exercise of functions described in this section. (Secondary Statutory Reference Set Forth Immediately Below) Powers paramount 223.13 (6) The powers conferred on the Ombudsman under this Part may be despite any provision in any Act to the effect that any such decision, recommendation, act or omission is final, or that no appeal lies in respect of them, or that no proceeding or decision of the person or organization whose decision, recommendation, act or omission it is shall be challenged, reviewed, quashed or called in question. Investigation 223.14 (1) Every investigation by the Ombudsman shall be conducted in private. Opportunity to make representations (2) The Ombudsman may hear or obtain information from such persons as he or she thinks fit, and may make such inquiries as he or she thinks fit and it is not necessary for the Ombudsman to hold any hearing and no person is entitled as of right to be heard by the Ombudsman, but if at any time during the course of an investigation it appears to the Ombudsman that there may be sufficient grounds for him or her to make any report or recommendation that may adversely affect the municipality, a local board, a municipally-controlled corporation or any other person, the Ombudsman shall give him, her or it an opportunity to make representations respecting the adverse report or recommendation, either personally or by counsel. Application of Ombudsman Act (3) Section 19 of the Ombudsman Act applies to the exercise of powers and the performance of duties by the Ombudsman under this Part and, for the purpose, references in section 19 of that Act to "any public sector body"are deemed to be references to "the municipality, a local board or a municipally-controlled corporation". (Further Secondary Statutory Reference Set Forth Immediately Below) Ombudsman Act, R.S.O. 1990, c. 0.6, as amended Evidence 19. 1 The Ombudsman may from time to time require any officer, employee or member of any public sector body who in his or her opinion is able to give any information relating to any matter that is being investigated by the Ombudsman to furnish to him or her any such information, and to produce any documents or things which in the Ombudsman's opinion relate to any such matter and which may be in the possession or under the control of that person. Examination under oath ( The Ombudsman may summon before him or her and examine on oath, (a) any complainant; (b) any person who is an officer or employee or member of any public sector body and who, in the Ombudsman's opinion, is able to give any information mentioned in subsection(1);or (c) any other person who, in the Ombudsman's opinion, is able to give any information mentioned in subsection(1), and for that purpose may administer an oath. Secrecy (3) Subject to subsection (4), no person who is bound by the provisions of any Act, other than the Public Service of Ontario Act, 2006, the initials 211 Page 116 Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, to maintain secrecy in relation to, or not to disclose, any matter shall be required to supply any information to or answer any question put by the Ombudsman in relation to that matter, or to produce to the Ombudsman any document or thing relating to it, if compliance with that requirement would be in breach of the obligation of secrecy or non-disclosure. Providing personal information despite privacy Acts (3_1) A person who is subject to the Freedom of Information and Protection of Privacy Act, the Municipal Freedom of Information and Protection of Privacy Act or the Personal Health Information Protection Act, 2004 is not prevented by any provisions in those Acts from providing personal information to the Ombudsman, when the Ombudsman requires the person to provide the information under subsection (1)or (2)• ldem (4) With the previous consent in writing of any complainant, any person to whom subsection (3) applies may be required by the Ombudsman to supply information or answer any question or produce any document or thing relating only to the complainant, and it is the duty of the person to comply with that requirement. Privileges Every person has the same privileges in relation to the giving of information, the answering of questions, and the production of documents and things as witnesses have in any court. Protection (6) Except on the trial of any person for perjury in respect of the person's sworn testimony, no statement made or answer given by that or any other person in the course of any inquiry by or any proceedings before the Ombudsman is admissible in evidence against any person in any court or at any inquiry or in any other proceedings, and no evidence in respect of proceedings before the Ombudsman shall be given against any person. Right to object to answer (7) A person giving a statement or answer in the course of any inquiry or proceeding before the Ombudsman shall be informed by the Ombudsman of the right to object to answer any question under section 5 of the Canada Evidence Act. Prosecution (8) No person is liable to prosecution for an offence against any Act, other than this Act, by reason of his or her compliance with any requirement of the Ombudsman under this section. Fees (9) Where any person is required by the Ombudsman to attend before him or her for the purposes of this section, the person is entitled to the same fees, allowances, and expenses as if he or she were a witness in the Superior Court of Justice, and the provisions of any Act, regulation or rule in that behalf apply accordingly. Duty of confidentiality 223.15(1) Subject to subsection (2), the Ombudsman and every person acting under the instructions of the Ombudsman shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of his or her duties under this Part. initials 212 Paae 117 Disclosure (2) The Ombudsman may disclose in any report made by him or her under this Part such matters as in the Ombudsman's opinion ought to be disclosed in order to establish grounds for his or her conclusions and recommendations. Section prevails (3) This section prevails over the Municipal Freedom of Information and Protection of Privacy Act. No review,etc. 223.16 No proceeding of the Ombudsman under this Part shall be held bad for want of form, and, except on the ground of lack of jurisdiction, no proceeding or decision of the Ombudsman is liable to be challenged, reviewed, quashed or called in question in any court. Testimony 223.17(1) The Ombudsman and any person acting under the instructions of the Ombudsman shall not be called to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his or her knowledge in the exercise of his or her functions under this Part. Same (2) Anything said or any information supplied or any document or thing produced by any person in the course of any investigation by or proceedings before the Ombudsman under this Part is privileged in the same manner as if the inquiry or proceedings were proceedings in a court. Effect on other rights,etc. 223.18The rights, remedies, powers, duties and procedures established under sections 223.13 to 223.17 are in addition to the provisions of any other Act or rule of law under which any remedy or right of appeal or objection is provided for any person, or any procedure is provided for the inquiry into or investigation of any matter, and nothing in this Part limits or affects any such remedy or right of appeal or objection or procedure. Report and recommendations 239.2 (10) If, after making an investigation,the investigator is of the opinion that the meeting or part of the meeting that was the subject-matter of the investigation appears to have been closed to the public contrary to section 239 or to a procedure by-law under subsection 238 (2), the investigator shall report his or her opinion and the reasons for it to the municipality or local board, as the case may be, and may make such recommendations as he or she thinks fit. Publication of reports (11) The municipality or local board shall ensure that reports received under subsection (10) by the municipality or local board, as the case may be, are made available to the public. initials 213 ' P 3CHEDULE °C" ADDITIONAL RULES & DUl[|ES: INTEGRITY COMMISSIONER (By Reference ToApplicable Statutory Authorities Municipal Act, 2001, S.O. 2001. x:25 as amended Delegation 223.3 (5) The Commissioner may delegate in writing to any ponson, other than o member of council, any of the Commissioners powers and duties under this Part. Same (4) The Commissioner may continue to exercise the delegated powers and duties, despite the delegation. Powers poinquiry 223A (2) The Commissioner may elect to exercise the powers under sections 33 and 34 of the Public Inquiries Act, 2009, in which case those sections apply to the inquiry. (Secondary Statutory Reference Set Forth Immediately Below) Public Inquiries Act, 2009, 8O 2009, c33, Sch G, as amended Definition 33. (V /n this section, "inquiry" includes e determination, examination, hearing, inquiry, investigation, review nr other activity&r which this section isapplicable. Definition 34. (V /h this section, "inquiry" includes an inquiry or other activity tm which this section is opphteb/*. Application (2) This section applies to, (c) on inquiry conducted under subsections 2234pV and 223.Y2pq of the Municipal Act, 2001;und Information (3) The municipality and its |noa| boards ahu|| give the Commissioner such information as the Commissioner believes tobe necessary for aninquiry. Same (4) The Commissioner is entitled to have free access to all books, accounts,financial records, electronic data processing paoovdo, reporta, files and all other popera, things or property belonging to or used by the municipality or a local board that the Commissioner believes to be necessary for aninquiry. Penalties (5) The municipality may impose either of the following penalties on a member of council or of a local board if the Commissioner reports to the municipality that, in his or her opinion,the member has contravened the code ofconduct: 1 Anaprimand. Z Suspension of the remuneration paid to the member in respect of his or her services as a member of council or of the local board, as the case may be,for a period of up to 9Odays. initials� 214 Page 119 Same (6) The local board may impose either of the penalties described in subsection (5) on its member if the Commissioner reports to the board that, in his or her opinion, the member has contravened the code of conduct, and if the municipality has not imposed a penalty on the member under subsection(5) in respect of the same contravention. Duty of confidentiality 223.5 (1) The Commissioner and every person acting under the instructions of the Commissioner shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of his or her duties under this Part. Exception (2) Despite subsection (1), information may be disclosed in a criminal proceeding as required by law or otherwise in accordance with this Part. Section prevails (3) This section prevails over the Municipal Freedom of Information and Protection of Privacy Act. Report to council 223.6 (1) If the Commissioner provides a periodic report to the municipality on his or her activities, the Commissioner may summarize advice he or she has given but shall not disclose confidential information that could identify a person concerned. Report about conduct (2) If the Commissioner reports to the municipality or to a local board his or her opinion about whether a member of council or of the local board has contravened the applicable code of conduct, the Commissioner may disclose in the report such matters as in the Commissioner's opinion are necessary for the purposes of the report. Publication of reports (3) The municipality and each local board shall ensure that reports received from the Commissioner by the municipality or by the board, as the case may be, are made available to the public. Testimony 223.7 Neither the Commissioner nor any person acting under the instructions of the Commissioner is a competent or compellable witness in a civil proceeding in connection with anything done under this Part. Reference to appropriate authorities 223.8 If the Commissioner, when conducting an inquiry, determines that there are reasonable grounds to believe that there has been a contravention of any other Act or of the Criminal Code (Canada), the Commissioner shall immediately refer the matter to the appropriate authorities and suspend the inquiry until any resulting police investigation and charge have been finally disposed of, and shall report the suspension to council. Initials 215