July 24, 2007 Agenda
ORDERS OF THE DA Y
FOR TUESDA Y. JUL Y 24. 2007 - 9:00 A.M. - TERRACE LODGE
PAGE # ORDER
1 st Meeting Called to Order
2nd Adoption of Minutes - for the meeting of June 26, 2007
3rd Disclosure of Pecuniary Interest and the General Nature Thereof
4th Presenting Petitions, Presentations and Delegations
DELEGATIONS
2-5 9:00 a.m. Shelley McCorkell, Executive Director, Alzheimer Society, re:
Satellite Office Space Partnership with the County of Elgin
Terrace Lodge Home for the Aged (attachment)
Motion to Move Into "Committee Of The Whole Council"
Reports of Council, Outside Boards and Staff
Council Correspondence - see attached
1) Items for Consideration
2) Items for Information (Consent Agenda)
OTHER BUSINESS
1) Statementsllnquiries by Members
2) Notice of Motion
3) Matters of Urgency
9th In-Camera Items (see separate agenda)
10th Recess
11 th Motion to Rise and Report
12th Motion to Adopt Recommendations from the Committee Of The Whole
146 13th Consideration of By-Laws
14th ADJOURNMENT
5th
6-106 6th
7th
107-114
115-145
8th
CASUAL ATTIRE PERMITTED
LUNCH WILL BE PROVIDED
August 19-22, 2007 - Association of Municipalities of Ontario 2007 Annual Conference -
Westin-Ottawa Hotel and Conference Centre
Alzheimer S ciety
ELGIN-ST.THOMAS
Alzheimer Society of Elgin-St Thomas Satellite Office
Proposal:
A Partnership with County of Elgin
Terrace Lodge Home for the Aged
The Alzheimer Society of Elgin-St. Thomas is submitting a proposal for
consideration by County Council, in which the Society would utilize office
space at Terrace Lodge providing greater access to the East Elgin
communities.
The Alzheimer Society and the County of Elgin Homes have had a long
standing relationship in providing care and services to seniors. The society
would like to build on this relationship to increase our profile in the eastern
portion of Elgin County. The Alzheimer Society of Elgin - St. Thomas would
like to pilot a co-location approach with Terrace Lodge that would provide
services to the home, its residents and families, its staff, and the community.
The Alzheimer Society believes that in doing so, we may be able to provide
more services to more people ensuring no one deals with the disease of
Alzheimer's alone.
While the incidence of Alzheimer disease and related dementias is consistent
within Elgin County, information indicates a lower uptake of services in the
eastern part of the County. This is an area the Society would like to address
by becoming more visible and accessible to those that live in the eastern
portion of Elgin County.
Approach:
The Society proposes to co- locate our Support Services Manager on site at
Terrace Lodge the host organization, the first and third Monday afternoon
of each month in an office located in the lower level of Terrace Lodge. The
Support Services Manager would available on those days to assist walk-in
requests or via appointment. The office would be identified by signage, the
telephone would be a separate extension provided by through the Terrace
Lodge primary phone number. The office is conducive to conducting
confidential counseling, ensuring an individuals right to privacy.
1
We are proposing the pilot timelines to be mid September 2007- June 2008.
This would permit adequate time to accomplish the objectives and
determine the ongoing feasibility of the co-location arrangement.
Benefits
Sharing knowledge, and ensure alignment of our services within the
community helps to build a system of services. This proposal helps the
Alzheimer Society of Elgin- St. Thomas and Terrace Lodge achieve creative
synergies by coming together, sharing information but more importantly
working together to break down barriers and to work collaboratively to
develop innovative programs for our community. As we work across
organizational boundaries we make health services more understandable,
more accessible, and more efficient for the people we serve. We believe the
strength of the whole comes from the alignment of our services with each
other so that we operate a system of support for individuals and families
living in Elgin County. We believe we are part of the solution to helping
people remain in their homes longer, reducing hospitalizations and reducing
the requirement for premature placement into long- term care homes.
Our goal in developing this proposal is threefold. We would like to:
· Increase the number of people that access our services. We would like to
be more accessible to those individuals and families that may need our
services closer to their homes.
· Increase the awareness of the Society, our mission and our services, so
that we ensure, no one is left to deal with this disease alone.
· We would like to help each other be successful in providing innovative,
excellent care for our mutual clients and families.
By working together, we believe we can help to ensure the residents of Elgin
County will get the services they need, when they need them, delivered by
the right people, ultimately helping people remain safely in their homes as
long as possible and when they can not they will make the transition to LTC
with the support of our organization.
Requirements:
@ Private locked office space for safeguarding confidential information if
possible
@ Internet access
@ Telephone access
2
@ Access to the office at varying times
Implementation Planning
The Society is currently developing a Communications Strategy to launch the
satellite office. We are proposing communications that are aimed externally and
internally to name a few;
@ Local newspaper
@ Mennonite Central
@ Family Council
@ Residents Council
@ Woman's auxiliary
@ Legion
@ County Council
@ City Council
@ Chamber of Commerce
@ Coffee Times
@ Service clubs
Evaluation
The Society believes the co-location of a satellite Office of the Alzheimer Society of
Elgin - St. Thomas with Terrace Lodge will increase our client base as well as our
visibility in the community in east Elgin. We will collect data during the term of the
pilot to measure our effectiveness in this regard. At the end of the pilot we will
assess and evaluate the experience in conjunction with our partner Terrace Lodge
and determine next step.
We look forward to the opportunity to discuss this proposal with you. We are
excited at the opportunity to share our experiences and collaborate on new ways to
achieve client driven care. We would like to meet with your leadership team at
your earliest convenience to work out the details of this approach.
Prepared by:
Shelley McCorkell
Executive Director
Alzheimer Society of Elgin-St. Thomas
450 Sunset Drive
St. Thomas
519-633-4396
Smccorkell@alzheimerelgin.ca
3
REPORTS OF COUNCIL AND STAFF
JULY 24. 2007
Councillor Reports - (ATTACHED)
7 Warden Acre - Tillsonburg District Memorial Hospital Annual Report
Staff Reports - (ATTACHED)
10 Director of Senior Services - TIL - St. Thomas-Elgin Alzheimer Society-Satellite Office
East Elgin
11 Director of Senior Services - TIL - Ministry of Health Annual Compliance Review
12 Director of Senior Services - ElM - Nursing Strategy Update 2007
15 Director of Engineering Services - Whitaker Road - Speed Reduction and Hamlet Sign
Relocation
17 Director of Engineering Services - Lease - New Standard Lease
50 Director of Engineering Services - Land Division Mid-Year Update
54 Director of Engineering Services - Curb and Gutter Practices
58 Manager of Road Infrastructure - Talbot Line Reconstruction Project - Ditching Concern
66 Director of Financial Services - Assessment Review Board (ARB) Appeal
68 Director of Financial Services - Budget Comparison - May 31,2007
74 Manager of Cultural Services - CAP Promoter/Website Developer Position
76 Director of Cultural Services - West Lome Library Re-Opening
78 Director of Human Resources - Code of Conduct Policy 2.90
90 Human Resources Co-ordinator - Update to Policy 8.230 - Safe Use and Care of Ladders
93 Human Resources Co-ordinator - New Policy - Confined Spaces
96 Ambulance & Emergency Management Coordinator - Ambulance Base Location Plan
100 Ambulance & Emergency Management Coordinator - Update - Defibrillator Purchase
103 Ambulance & Emergency Management Coordinator - Surplus Ambulance Vehicle
6
2007 Annual Report
Tillsonburg District Memorial Hospital
Lynn Acre, Director TDMH
Local Health Integration Network (LHIN)
This new organization has taken over the role of the District Health Council for planning the health
care system and the ministry's role in funding these plans. We have been closely involved in the
activities of the LHIN. We are members of the Strategic Advisory Committee, which is helping the
LHIN produce it's first annual plan for this vast region, which stretches from Lake Erie to
Tobermory. Because our LHIN is based in London and its board includes people from nearby
communities, we have had lots of chances to build strong partnerships with the LHIN and to create
a better health care system for all of us. The important role of small community hospitals and the
equality of access to care for rural Ontarians are two main issues of our discussions with our LHIN
representatives.
More Partnerships
We continue to meet regionally with our partners of Oxford County and our neighbouring hospitals
throughout the Thames Valley, including the London hospitals. Our hospital vision is "to maximize
the health status and the quality of life of our community by building the most responsive and
integrated health care system possible." To do this we must reach beyond our walls and beyond our
borders of our tri-county catchment areas.
Renovations
This year we completed an extensive renovation of our main floor. We began with a set of
problems to address; congestion at the emergency entrance, a lack of patient privacy and a sense
that our team members' work could be more rewarding and better meet the needs of our patients.
We involved a large team to analyze how to improve our processes and to design an area to
accommodate these processes. The result is a fresh, patient-focused main floor with;
larger waiting rooms, where the 46,000 outpatients who come to the hospital for x-rays and lab
work find a large, inviting waiting room with more team members ready to register them
more private registration and triage areas, where the 25,000 patients who come to the
Emergency Room have a private place to give nurses their personal history and discuss their
concerns
and a brand new coffee and gift shop, where our dedicated volunteers provide an appreciated
service for the convenience of our patients and their visitors.
Parking:
We have finally addressed the problem of insufficient parking. Parking for our patients has been an
issue since W oodingford Lodge opened in the south parking lot. In 2005 we began to use parking
spaces at St. Mary's Church but found we still didn't have enough parking near the hospital for
patients. Last fall we were able to purchase a house across from the hospital on Rolph Street and
we have worked with our partners at the Town of Tillsonburg to get the necessary approvals to
demolish the house and convert the property into a 28-car parking lot. Finally we have enough
parking.
2007 Annual Report
Tillsonburg District Memorial Hospital
Lynn Acre, Director TDMH
Page 2
Recruitment
Recruitment remains a priority in Internal Medicine and Family Practice. Once again the hospital
participated in UWO's Discovery Week, hosting four first-year medical students. We continue to
attend the Professional Association of Interns and Residents of Ontario recruitment tour held at the
five Ontario medical schools. Creative ideas for recruitment partnerships continue to be developed.
Computerized Tomography Scanner (CT Scan)
TDMH continues to actively advocate for a computerized tomography scanner and has made some
progress with regards to its funding. A recent meeting with the Wait Time Strategy CT Expert
Panel went well. The Expert Panel will advise the Minister of Health on approvals for new CTs in
the near future. We will continue to work with other decision makers, namely Steve Peters' office,
out contact in the MoHLTC's office and our LHIN.
Diagnostic Imaging and Laboratory
Both laboratories and radiology departments worked with the IT departments in preparation for the
Cerner upgrade with took place in June. Due to the well-orchestrated training and implementation
plan, the upgrade went well with little impact.
The ultrasound department at TDMH has completed a 5-unit on site scanning trial of ultrasound
devices. This process will define the pre-qualifying step for the RFP process for a new ultrasound
device.
2007 Accreditation
On September 10-12, TDMH showcased our accomplishments for our surveyors, Cheryl Harrison
and Patricia Norman. Six teams worked diligently on their individual standards. The six teams
were Leadership and Partnerships, Human Resources, Information Management, Environmental,
Acute Care and Critical Care. Accreditation has an increased focus on patient safety. MoHL TC
have adopted new ROP's (Required Organizational Practices), which are essential practices that
enhance patient safety and minimize risk. By mid-July, we will have mailed in our self-assessment
for our 2007 accreditation.
Satellite Dialysis Unit
The Ed DeSutter Satellite Dialysis Unit continues to provide life-sustaining dialysis treatment for 24
local patients, so they don't have to drive to London or Woodstock. We could not have introduced
this program without a strong partnership with MOHL TC, which funds the entire program and also
London Health Sciences Centre, whose nephrology team monitors the treatment of our patients.
2007 Annual Report
Tillsonburg District Memorial Hospital
Lynn Acre, Director TDMH
Page 3
Board of Directors' Continuing Education
A regular part of every board meeting includes a section on Board members' education. A sample
of topics covered this year include; Media Relations, LHIN development, Responsibilities of a
Hospital Board, Effective Governance and Effective Government Negotiation.
Board of Directors' Strategic Planning Session
In January the Board met for its annual two-day Strategic Planning Session focusing on our Master
Program and Plan. Our guest speakers were a team or architects, engineers and health care
consultants who led us through a visioning process to determine the expected future role ofTDMH
to our surrounding communities. From the direction provided, the consultants will provide a
document recommending phased-in changes to our existing physical plant, as well as existing
programming and services.
Master Program and Plan
The next phase of this process was the completion ofa "Charette" this spring. This 'hands-on'
process focused on the general approach to our buildings for the next twenty years (renovate vs.
rebuild on a new site vs. rebuild on our existing site) and then to discuss two general approaches to
redevelopment of the hospital on our existing site and how the hospital would operate during the
transition.
Facility Condition Assessment Program (FCAP)
The MoHL TC is planning to implement a Facility Condition Assessment Program. They plan to
hire a service provider to assess and document the physical condition of each of Ontario's public
hospitals for the next few years. This will provide the Ministry, LHINs and hospitals with
objective, standardized data on the stock and condition of Ontario's hospitals. Each organization
can then use this data to assist them with their respective capital renewal activities. We completed a
survey that will be used to prepare a request for proposal and inform bidders about the scale of work
involved and help them provide an accurate cost estimate.
Comments from Elgin County Rep.
I have thoroughly enjoyed my involvement with TDMH. The board members have
shown me great respect and have extended great patience during my orientation and
on-going education. I have been gently encouraged to attend and participate in
conferences and workshops as my schedule allows.
As well as sitting on the Board of Directors, I also am a member of the Corporate
Planning & Community Relations Committee.
REPORT TO COUNTY COUNCIL
From:
Rhonda L. Roberts-Director of Senior Services-TL
Date:
May 30, 2007
Subject:
S1. Thomas-Elgin Alzheimer Society-Satellite Office East Elgin
CORPORATE GOALS REFERENCED:
· Provide innovative and collaborative quality service
· Recognize and seize opportunities for improvement
· To Forge Community Partnerships
INTRODUCTIONIDISCUSSION:
The Executive Director of the S1. Thomas-Elgin Alzheimer Society has expressed an interest in
establishing a satellite Alzheimer Society Office in East Elgin County to increase visibility and
accessibility.
The Alzheimer Society is interested in Terrace Lodge as a possible site. The satellite office would
be open on a part time basis and would initially be a trial situation. Using Terrace Lodge on a
permanent basis would depend on whether the services were utilised during office and if there is a
demand for a support group. The support group is open to individuals in the community and
relatives/family of residents in Terrace Lodge.
CONCLUSION:
Terrace Lodge continues to network with community partners to provide innovate services to East
Elgin. Currently, Terrace Lodge provides; office space to VON/Meals on Wheels, pool access for
YWCA programming and an activation area for the Adult Day Program. The County of Elgin signs
a lease agreement with the VON for an annual fee of $1.00 for use of office space at Terrace
Lodge.
RECOMMENDATION:
THAT, the S1. Thomas-Elgin Alzheimer Society be given permission to establish office space for a
trial satellite operation from mid-September 2007 to mid-June 2008.
THAT Council enter into a lease agreement with the S1. Thomas-Elgin Alzheimer Society for a fee
of $1.00 from September 2007 - June 2008.
Respectfully Submitted
Approved for Submission
~~
~~c~
ark Dona
~hief oministrative Officer
Director of Senior Services, TL
REPORT TO COUNTY COUNCIL
From: Rhonda L. Roberts-Director of Senior Services - TL
Date: July 5, 2007
Subject: Ministry of Health Annual Compliance Review
CORPORATE GOALS REFERENCED:
· Nurture and support dignified long-term care
· Provide innovative and collaborative quality service
· Recognize and seize opportunities for improvement
INTRODUCTION:
The Ministry of Health and Long Term Care conducts unannounced annual reviews for all long-
term care homes. Terrace Lodge received an unannounced visit on June 5,2007.
DISCUSSION:
During the annual review, the compliance advisor identified one area which did not meet standard
concerning water temperature recording at random locations within the home.
A plan of correction was forwarded and accepted by the Compliance Advisor on June 29,2007.
CONCLUSION:
Overall, the review was very positive. The Compliance Advisor acknowledged staff efforts in the
care provided and the environmental improvements the County has made to the home.
RECOMMENDATION:
THAT, this report be received and filed.
Respectfully Submitted
c1I~ YI<W
Rhonda L. Roberts
Director of Senior Services, TL
Approved for Submission
~~~
Mark Donal
r Chief oministrative Officer
REPORT TO COUNCIL
FROM:
Melissa Lewis, Elgin Manor
Director of Senior Services
DATE:
July 16, 2007
SUBJECT:
Nursing Strategy Update 2007
CORPORATE GOALS REFERENCED:
· Nurture and support dignified long-term care
· Provide innovative and collaborative quality service
· Recognize and seize opportunities for improvement
INTRODUCTION:
The Nursing Strategy aims to provide provincial initiatives and supports to ensure that
Ontario will have enough nurses working. The Ministry of Health and Long-Term Care,
in collaboration with the Nursing Secretariat and Health Force Ontario, has responsibility
to design, implement and approve nursing strategy programs and funding.
In October of 2004, the first call for funding applications under the nursing strategy was
announced. The Elgin County Homes were successful in achieving approval for funding,
and a report was provided to Council outlining this opportunity in February of 2005.
DISCUSSION:
The Elgin County Homes have continued our participation in this fully funded provincial
program through the second round of funding in 2006. All three Elgin County Homes
have been able to utilize late career (age 55+) funding to provide alternative roles for
nurses to spend a portion of their time outside of traditional direct nursing care.
The inaugural issue of the Elgin County Matters newsletter profiled a program at Elgin
Manor that matched a late career Registered Nurse with a new graduate Registered
Practical Nurse. With the combination of late career and new graduate nurses, the
Home had the ability to link nurses at different spectrums of the workforce and enhance
transfer of knowledge and succession planning within the long-term care environment.
Through the nursing initiative, the Elgin County Homes have been able to enrich the role
and augment the number of hours for professional nursing within the organization. As
this program is provincially funded, the enhancement has been at no cost to the County.
For the 2007/2008 provincial funding year, the nursing strategy has undergone some
significant changes and this report serves to apprise Council of ongoing opportunities.
HFO Jobs . Health Force Ontario is a provincial multi-year plan, aimed to put in
Web Portal place an appropriate number and mix of health care providers
across the province
. Collaborative program between Ministry of Health and Long-Term
Care, Ministry of Training, Colleges and Universities (MTCU) and
Ministry of Citizenship and Immigration (MCI)
. HFO web portal www.healthforceontario.ca is a free job recruitment
web portal for employers, health care professionals and out of
province/out of country applicants
~ Elgin County Homes have registered on the HFO web portal
New Grad . Revised new graduate program includes an announcement from
Guarantee Minister Smitherman to guarantee any new nurse graduate full-time
employment for at least six months
. New grads must now register through the HFO web portal, where
they may be linked with registered employers
. Provincial funding is provided to support six months of full time
employment, after which if a full time position cannot be provided,
the employer must support an additional 6.5 weeks of paid time
~ Elgin County Homes have received several applications for new
graduate RPNs and have started the screening/selection process
~ Availability of nurses continues to be a limiting factor in the ability of
employers to engage new graduates, particularly in LTC
~ If successful in attaining new graduates and Council's permission,
the Homes will budget for 6.5 weeks full time (estimated to be
approximately $6,500) to meet the program requirements to
transition each new nurse into the permanent workforce
~ Benefits are allotted 24% maximum fundable, and the Homes would
be responsible to pay benefits in keeping with collective agreements
Late Career . Third round of late career grant applications has been released for
2007/08 in long-term care
~ Elgin County Homes continue to apply for late career funding
RPN in LTC . Ministry of Health and Long-Term Care has announced a provincial
program to fund 1,200 additional Registered Practical Nurses
specifically within long-term care starting in 2008
. Each LTC Home will receive a minimum of one supernumerary RPN
. Benefits will be capped at 24%, funding will be ongoing
~ Details of this program are under development and the Elgin County
Homes have secured a seat on the provincial RPN working group
CONCLUSION:
The Ministry of Health and Long-Term Care continues to provide initiatives and funding
in an effort to maintain and support nursing in Ontario. Elgin County Seniors Services
has been successful in accessing additional provincial dollars to enhance care and
programs within the Homes.
RECOMMENDATION:
THAT the Elgin County Homes continue to pursue recruitment and retention strategies
for registered staff, including participation in provincial nursing initiatives, as resources
and capacity permit.
Respectfully Submitted
Approved for Submission
/1
l ,/ \
t~ ~r- I )..,~ r!JV 1_'~Ut ~
Pat Vandevenne, Bobier Villa
Director of Senior Services
w&..
~Mar . M nald
V~ Chief Administrative Officer
~~
Rhonda Roberts, Terrace Lodge
Director of Senior Services
~~--.
Melissa ewis, Elgin Manor
Director of Senior Services
REPORT TO COUNTY COUNCIL
FROM: Clayton Watters, Director of Engineering Services
DATE: July 4, 2007
SUBJECT: Whitaker Road - Speed Reduction and Hamlet Sign Relocation
CORPORATE GOALS:
To build and maintain an efficient, affordable, effective and safe transportation network
that accommodates the diverse needs of our communities and is able to support
economic development and sustainable growth.
To provide innovative and collaborative quality service.
INTRODUCTION:
The County of Elgin has received a request form the Township of Malahide to
"undertake a review of Whitaker Road north from the intersection of Ron McNeil Line to
consider a reduced speed limit and to relocate the hamlet sign".
DISCUSSION:
Malahide has requested that the County of Elgin review Whitaker Road, County Road
49, from the north limit of Ron McNeil Line to the new north limit of the hamlet. This
review shall include a relocation of the hamlet sign to the new north limit of Springfield
and a reduction in the speed posting from the existing northerly limit to the new limit of
Springfield.
The first request is the relocation of the hamlet sign. A hamlet sign should be located
where the boundary crosses the road way. Therefore, since the new boundary of the
hamlet has changed, the sign location should change to match the new hamlet location.
The second request is to reduce the speed limit northerly to a location near the north
limit of the hamlet. Staff completed two reviews: a building density review to determine
a built up area and a speed study to determine the actual speeds. The building density,
means a house and attached garage, the properties that front onto the County road
should have more than 50% coverage for 100 meters on both sides or more than 50%
coverage for one side for a distance of 200 meters. The density study would determine
a 'built up area" as defined by the Highway Traffic Code. The area requested for review
has 50% coverage on one side, therefore it is a built up area and a speed reduction is
warranted.
The speed study revealed the actual speed is the vicinity of the new reduced speed limit
is 90 kmph.
Therefore, the area does meet the requirements for a built up area and an extension of
the speed limit northerly to north limit of the Hamlet, or 814 meters north of the north
limit of County Road 52, Ron McNeil Line.
CONCLUSION:
The Township of Malahide requested that the County of Elgin undertake a review of the
speed zone on Whitaker Road from Ron McNeil Line northerly to the new hamlet
boundary. Engineering staff have completed the review and based upon a building
density and a speed study a reduction in the speed limit is warranted, and the new limit
will be from the north limit of Ron McNeil Line northerly 814 meters.
The hamlet sign is a designation of the boundaries, therefore the sign should be moved
to the northerly limit of Springfield.
RECOMMENDATION:
That By-Law 06-17 be amended to include:
Schedule A - maximum rate of speed 50 kilometres per hour
County Road 49, Whitaker Road: from the north limit of Ron McNeil Line northerly 814
meters.
Respectfully Submitted
Approved for Submission
0fJvJ~~~
yJa~--,
1Iv Mar . Mc aid
lr Chief Administrative Officer
Clayton Watters
Director, Engineering Services
REPORT TO COUNTY COUNCIL
FROM: Clayton Watters, Director of Engineering Services
DATE: June 25, 2007
SUBJECT: Lease - New Standard Lease
CORPORATE GOALS
To ensure fiscal responsibility and accountability
INTRODUCTION:
The County of Elgin present lease has been in existence for more than 10 years. Staff
requested the solicitor for the County of Elgin of review the present lease and make
changes, if required.
DISCUSSION:
The present standard lease, Appendix A, that the County of Elgin has been used by our
tenants with changes for more than 10 years. The solicitor for the County of Elgin has
reviewed the present lease and suggested a major change. The new lease document is
the standard lease that other businesses have been using for many years and the new
document is clearer and more encompassing.
The County of Elgin clientele is geared to tenants that are small businesses and the
present lease is simple and straight forward. The new standard lease, Appendix B, is a
more detailed and comprehensive document, Council should be aware that the
proposed changes might not be welcome by new tenants. Although the new lease may
look different, the functionality is the same and both parties realize a new agreement is
needed. This proposed lease includes fundamental changes to our current lease but
these changes reflect a modern business lease.
Staff is proposing that the basic rent payment include the following (as described in the
lease document): additional rent such as reality taxes, utilities, business taxes and other
taxes. Additional to the lease would be the GST, which shall be charged as an extra
payment and forwarded to the Federal Government. The new lease document would be
modified to reflect these changes.
The County of Elgin insurance provider has reviewed the document and provided the
following comments:
They concur that the County recoup costs by charging for any increase in insurance
premiums. But they do not agree to charge for any proportional costs for the insurance
premiums. In recognition of the above information staff is not in favour of increasing
the lease payment for increase in insurance costs as lease payments are increased
yearly to reflect rising costs.
In summary the lease document will change dramatically but fundamentally be similar
in application.
CONCLUSION:
A change to our current lease is required, due to inclusion of a clause for payment of
the goods and services tax. Staff is proposing that the lease payment include, as
described in the lease document the: reality taxes, utilities, business taxes and other
taxes. The Goods and Services Tax would then be applied to the lease payment which
would then be forwarded to the federal government.
RECOMMENDATION:
That the new standard lease, Appendix B, be approved by County Council for all new
lease s at the County of Elgin Administration Building, effective immediately, subject to
the following amendments:
The lease payment will include: reality taxes, utilities and business taxes. The Goods
and Services Tax would be added to the lease payment to be forwarded to the Federal
Government.
Respectfully Submitted
0YJd P\ ~
Approved for Submission
Clayton Watters
Director, Engineering Services
0~.+,
~ Mark Don
1f Chief Administrative Officer
AW(,\JDJ i- 'Ai
THIS LEASE made the IIday of _ ' 2005
BETWEEN: .
THE CORPORATION OF THE COUNTY OF ELGIN
having its Administration Offices at
450 Sunset Drive, S1. Thoma.?, Ontario
Herein called the "Landlord"
of the FIRST PART
-and-
..........~;~j
Herein called the "Tenant"
of the SECOND PART
WITNESSETH that in consideration of the rents reserved and the covenants and
agreements herein contained on the part of the Tenant, the Landlord leases to the Tenant
the Rooms 1_ and .on the of the Elgin County Administration Building
(herein referred to as the building) situate at 450 Sunset Drive, SI. Thomas, Ontario together
with:
(I) the use of the following fixtures and fittings therein; and
(Ii) the use in common with other persons entitled thereto the washrooms situate on the
second floor of the building; and
(Iii) the use in common with other persons entitied thereto of the entrance hall, elevator
service, staircases and corridors in the building for the purpose of ingress and egress
to and from the said offices; and
(iv) a term of five (5) years commencing on the 1st day of May, 2005 at the following rental
rate payable monthly in advance, the first of such installments ($662.50) to be paid on or
before the 1st day of May, 2005.
Page 1 of 5
Period Annual Monthly Square
Rental Rental Foota~e
May 1, 2005 - April 30, 2006 - $7,950.00 $662.50 600 ($13.25 sq. ft.)
May 1, 2006 - April 30, 2007 $8,100.00 $675.00 600 ($13.50 sq. ft.)
May 1, 2007 - April 30, 2008 $8,250.00 $687.50 600 ($13.75 sq. ft.)
May 1, 2008 - April 30, 2009 $8,400.00 $700.00 600 ($14.00 sq. ft.)
I
May 1, 2009 - April 30, 2010 $8,550.00 $712.50 600 ($14.25 sq. ft.)
If the Term commences on any day other than the first or ends on any day other than the last
day of a month, rent for the fractions of a month atthe' commencement and at the end of the
Term shall be adjusted pro rata.
1. TENANT'S COVENANTS
The Tenant hereby covenants with the Landlord as follo.ws:
1.1 to pay the rent hereby resewed in the manner and on the days specified herein;
1.2 to pay when dU,e all and any business tax levied on the Tenant, and if charges for
electricity, gas and water supplied to the said offices should become separately; levied
on the Tenant, negotiations would talm place with regard to the amount of rent being
charged;
1,3 to use the said offices for business or professional uses only and not to permit them to
be used as a workshop or manufactory or for the purpose of conducting an auction sale
thereon;
1.4 not to use the said offices or permit them to be used for any purpose which may render.
the insurance on the building void or voidable or which might cause the premium for
such insurance to be increased;
1.5 not to use the outer walls or windows in the said offices for any notice or nameplate and
to exhibit its name in form and character approved by the Landlord on the directory
board in the entrance hallway to the building, and on the glass of the outer doors of the
offices only;
Page 2 of 5 -"
1.6 not to assign, sublet or part with possession of the Premises without leave from the
Landlord, which leave shall not be unreasonably withheld;
1.7 to allow the janitor employed by the Landlord and the cleaners under the Landlord's
direction to enter the said offices for the purpose of cleaning them on any day after
normal business hours;
1.8 not to make any alterations or additions to the said offices without the prior consent of
the Landlord and to keep the said offices and the windows and the fixtures and fittings
therein in good repair, reasonable wear and tear -only excepted and to deliver them up
in such condition on termination of this lease. This covenant to maintain does not
extend to the outer walls .,or roof of the building which shall be the Landlord's sole
responsibility to maintain, but the Tenant shall pay to the Landlord the cost of repairs
to the outer walls and roof occasioned by the use of the offices by the Tenant or those
for whom he is responsible;
1.8 to permit the Landlord and its agents at all reasonable times during the business hours
to enter and view the state~ of repair of the said offices and promptly to repair and
maintain them in accordance with any notice so to do given by the Landlord or its
agents.
2. LANDLORD'S COVENANTS
The Landlord hereby covenants with the Tenant as follows:
. 2.1 to permit the Tenant so long as he pays the rent reserved herein and complies with his
covenants to use the said offices without interference from the Landlord or those
claiming under or in trust for it;
2.2 to pay all present and future rates and taxes in re~pect of said offices other than those
covenanted to be paid by the Tenant;
2.3 to provide access to the mailroom and to provide a mail sorting service during normal
business hours, such hours may be subject to change;
2.4 to supply at its own expense hot and cold water to the washbasins and toilets in the
building, and to maintain mechanical! electrical systems in reasonable repair and
worldng order throughout the occupied areas of the building;
2.5 to keep the common areas in the building clean and well lighted;
Page 3 of 5
2.6 to maintain the common areas and the outer walls and roof of the building in proper
structured repair;
2.7 to employ a competent janitor and cleaners to keep the said offices reasonably cleaned
and dusted;
2.8 to keep the buildings and the said offices insured against loss or damage by fire and to
rebuild and reinstate them whenever damaged by fire. If as a result of fire, the said
offices are unfit for carrying on the Tenant's b~siness the rent reserved herein shall
abate until the said offices are once again fit for the Tenant's business. If part only of
the said offices are unfit for the Tenant's businessJhe rent shall abate pro-rata until the
- .
whole of the said offices are once more fit for the Tenant's business.
2.9 to want the option to reneyv this lease for a further term; provided that in order to
exercise its option for this rehewal period, the Tenant shall give the Landlord notice
thereof in writing not less than six (6) months before the date of expiry of the Term, in
order to exercise its option for renewal. The rent payable, shall" be subject to
" negotiations at the time.
3. PROVISOS
Provided always and it is hereby agreed as follows:
3.1 The Landlord may determine this lease and re-ent~r the said offices:
3.1.1 if any installment of rent or any part thereof is in arrears for fifteen (15) days
whether formally demanded or not;
3.1.2 if the Tenant shall be adjudicated bankrupt or judged to be insolvent, or if a
receiver or trustee o(the Tenant's property be appointed or if the Tenant shall file
a petition in bankruptcy or insolvency, as if an execution or attachment shall be
issued against the Tenant or any of the Tenant's property whereby the said
offices or any part thereof may be taken or occupied by someone other that the
Tenant; and
3.1.3 if the Tenant shall breach any of his covenants herein;
3.1.4 in the event that damage to the building caused by fire is so extensive that in the
sole opinion of the Landlord it cannot be restored within sixty (60) days of the
Page 4 of 5
t-
event, the Landlord may af its option determine this lease on giving to the Tenant
within thirty (30) days after such fire, lightning or tempest notice in writing of its
intention so to do and thereupon rent and any other payments for which the
Tenant is liable under this lease shall be apportioned arid paid to the date of
such fire, lightning or tempest and the Tenant shall immediately deliver up
possession of the premises to the Landlord.
"
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals.
THE CORPORATION OF TI-IE COUNTY OF ELGIN
TENANT
THIS LEASE made the
day of
~ WblJ 0 1''1.. I 5i
/P1AV Ib /"1001
,2007
BETWEEN:
The Corporation of the County of Elgin
(the "Landlord")
AND
[Name of Tenant]
(the "Tenant")
WITNESSETH AS FOLLOWS:
Article 1 - Basic Terms, Defmitions
1.1 Basic terms
(a)
Landlord:
Address:
(b) Tenant:
Corporation of the County of Elgin
450 Sunset Drive, St. Thomas, Ontario, N5R 5Vl
Address: Premises [or other address if desired]
(c) Premises: the lands and premises illustrated in Schedule "A", described in
Schedule "B" and municipally known as 450 Sunset Drive, St. Thomas,
Ontario;
(d) Rentable Area of Premises: square feet, subject to Section 2.2;
(e) Term: years [ months, days] [Particulars of Term]
subject to Sections 2.3 and 2.4
Commencement Date: , subject to Section 2.4;
End of Term: , subject to Sections 2.3 and 2.4;
(f) Basic Rent (Section 4.1):
Period
[date] to [date]
Per Sq. Ft.Near
$
Per Year
Per Month
$
$
[date] to [date] $
[date] to [date] $
Plus Applicable Taxes
$
$
$
$
(g) Permitted Use (Section 7.1): [permitted use]
(h) Deposit: $ , in accordance with Section 3.4
Rent Deposit: $ shall be applied to Rent and Rental
Taxes as they first come due hereunder in accordance with Section 3.4
Security Deposit: $ shall be held as a security deposit in accordance
with Section 3.4
(i) Fixturing Period: days commencing on [date Tenant scheduled to take
possession of the Premises]
G) Extension Rights, if any: set out in Schedule "D", if applicable
(k) Schedules forming part of this Lease:
Schedule "A" Plan
Schedule "B" Legal Description
Schedule "C" Landlord's and Tenant's Work
Schedule "D" Extension Rights
1.2 DeImitions
In this Lease, unless there is something in the subject matter or context
inconsistent therewith, the following terms have the following respective meanings:
(a) "Additional Rent" means payments on account of the Land lord's insurance,
payments on account of Realty Taxes, payments for utilities and all other
amounts, excluding Basic Rent and Rental Taxes, payable by the Tenant in
accordance with the terms of this Lease;
(b) "Basic Rent" means the basic rent payable by the Tenant pursuant to Section
4.1;
(c) "Building" means the combined premises known municipally as 450 Sunset
Drive, St. Thomas, Ontario; and
(d) "Building Systems" means
(i) the HV AC System and all other systems, services, installations and
facilities from time to time installed in or servicing the Premises (or any
portion thereof) including, but not limited to, the elevators and escalators
and the following systems, services, installations and facilities: mechanical
(including plumbing, sprinkler, drainage and sewage), electrical and other
utilities, lighting, sprinkler, life safety (including fire prevention,
communications, security and surveillance), computer (including
environmental, security and lighting control), ice and snow melting, refuse
removal, window washing, and music; and
(ii) all machinery, appliances, equipment, apparatus, components,
computer software and appurtenances forming part of or used for or in
connection with any of such systems, services, installations and facilities
including, but not limited to, boilers, motors, generators, fans, pumps,
pipes, conduits, ducts, valves, wiring, meters and controls, and the
structures and shafts housing and enclosing any of them;
( e) "Capital Taxes" means any tax or taxes levied against the Landlord and any
owner ofthe Premises by any governmental authority having jurisdiction
(including, without limitation, the Large Corporations Tax imposed under the
Income Tax Act (Canada) and the tax imposed under any applicable
provincial corporate tax legislation) based on or computed by reference to the
paid-up capital or place of business ofthe Landlord or any owner ofthe
Premises or the taxable capital employed in Canada by the Landlord or any
owner of the Premises as determined for the purposes of such tax or taxes;
(f) "Commencement Date" means the date set out in Section 1.1, as such may be
varied pursuant to the terms of this Lease;
(g) "Event of Default" has the meaning set out in Section 13.1;
(h) "Fixturing Period" means the period, if any, set out in Section 1.1 granted to
the Tenant for possession prior to the Commencement Date for the purpose of
fixturing and improving the Premises;
(i) "HV AC System" means all interior climate control (including heating,
ventilating, and air-conditioning) systems, installations, equipment and
facilities in or servicing the Premises;
G) "Leasehold Improvements" means all fixtures, improvements, installations,
alterations and additions from time to time made, erected or installed by or on
behalf of the Tenant or any former occupant ofthe Premises, including doors,
hardware, partitions (including moveable partitions) and wall-to-wall
carpeting, but excluding trade fixtures and furniture and equipment not in the
nature of fixtures;
(k) "Mortgage" means any mortgage or other security against the Premises and/or
the Landlord's interest in this Lease, from time to time;
(1) "Mortgagee" means the holder of any Mortgage from time to time;
(m) "Premises" means the lands and premises identified in Section 1.1 and having
the Rentable Area as set out in Section 1.1, and all rights and easements
appurtenant thereto, including but not limited to access to building entrances,
hallways, corridors, staircases, elevators, and public washrooms and further
including ( ) designated parking spaces within
the Building parking lot;
(n) "Realty Taxes" means all real property taxes, rates, duties and assessments
(including local improvement rates), impost charges or levies, whether general
or special, that are levied, charged or assessed from time to time by any lawful
authority, whether federal, provincial, municipal, school or otherwise, and any
taxes payable by the Landlord which are imposed in lieu of, or in addition to,
any such real.property taxes, whether of the foregoing character or not, and
whether or not in existence at the commencement of the Term, and any such
real property taxes levied or assessed against the Landlord on account of its
ownership of the Premises or its interest therein, but specifically excluding
any taxes assessed on the income of the Landlord;
(0) "Rent" means all Basic Rent and Additional Rent;
(P) "Rentable Area of the Premises" means the area of the building forming part
of the Premises measured to the inside surface of the outer building wall and,
for greater certainty, excludes storage areas and parking areas;
(q) "Rental Taxes" means any and all taxes or duties imposed on the Landlord or
the Tenant measured by or based in whole or in part on the Rent payable
under the Lease, whether existing at the date of this Lease or hereinafter
imposed by any governmental authority, including, without limitation, Goods
and Services Tax, value added tax, business transfer tax, retail sales tax,
federal sales tax, excise taxes or duties, or any tax similar to any ofthe
foregoing;
(r) "Term" means the period specified in Section 1.1 and, where the context
requires, any renewal, extension or overholding thereof;
(s) "Transfer" means an assignment of this Lease in whole or in part, a sublease of
all or any part of the Premises, any transaction whereby the rights ofthe
Tenant under this Lease or to the Premises are transferred to another person,
any transaction by which any right of use or occupancy of all or any part of
the Premises is shared with or conferred on any person, any mortgage, charge
or encumbrance of this Lease or the Premises or any part thereof, or any
transaction or occurrence whatsoever which has changed or will change the
identity of the person having lawful use or occupancy of any part of the
Premises; and
(t) "Transferee" means any person or entity to whom a Transfer is or is to be
made.
Article 2 - Demise and Term
2.1 Demise
In consideration of the rents, covenants and agreements hereinafter reserved and
contained on the part of the Tenant to be paid, observed and performed, the Landlord
demises and leases to the Tenant and the Tenant rents from the Landlord the Premises.
Save and except for any Landlord's Work set out in Schedule "C", the Tenant accepts the
Premises on an "as is" basis.
2.2 Measurement
The Landlord may arrange for the Rentable Area ofthe Premises to be measured
by its architect, surveyor or other space measurer and, if the area measured is different
than that set out in Section 1.1, the Rent will be adjusted in accordance with the measured
area. The Landlord will advise the Tenant in writing ofthe area measurement. If the
Landlord does not arrange for such measurement, the Rentable Area of the Premises shall
be deemed to be the area set out in Section 1.1.
2.3 Term
The Term shall commence on the Commencement Date, run for the period set out
in Section 1.1, and end on the date set out in Section 1.1, unless terminated earlier
pursuant to the provisions of this Lease.
2.4 Delay in Possession
Should the Tenant be delayed by any fault ofthe Landlord or any other reason
(other than the fault ofthe Tenant) in taking possession of the Premises at the start ofthe
Fixturing Period or on the Commencement Date (if there is no Fixturing Period), then and
only then shall the start of the Fixturing Period (if any), the Commencement Date and the
Term be postponed for the same number of days that the Tenant is delayed in taking
possession ofthe Premises. The Tenant acknowledges and agrees that such postponement
shall be full settlement for any claims it might have against the Landlord for such delay.
2.5 Overholding
If, at the expiration ofthe initial Term or any subsequent renewal or extension
thereof, the Tenant shall continue to occupy the Premises without further written
agreement, there shall be no tacit renewal of this Lease, and the tenancy of the Tenant
thereafter shall be from month to month only, and may be terminated by either party on
one (1) month's notice. Rent shall be payable in advance on the fIrst day of each month
equal to the sum of one hundred and fIfty percent (150%) ofthe monthly installment of
Basic Rent payable during the last year of the Term and one-twelfth (1 / 12) of all
Additional Rent charges provided for herein, determined in the same manner as if this
Lease had been renewed, and all terms and conditions of this Lease shall, so far as
applicable, apply to such monthly tenancy.
2.6 Fixturing Period
During any Fixturing Period provided for herein, all terms and conditions ofthis
Lease shall apply, except the Tenant shall not be responsible for the payment of Basic
Rent.
Article 3 - Rent
3.1 Covenant to Pay, Net Lease
The Tenant covenants to pay Rent as provided in this Lease. It is the intention of
the parties that the Rent provided to be paid shall be net to the Landlord and clear of all
taxes, costs and charges arising from or relating to the Premises, and that the Tenant shall
pay, as Additional Rent, all charges, impositions and expenses of every nature and kind
relating to the Premises (except the Landlord's income taxes, and except as otherwise
specifically provided) in the manner hereinafter provided, and the Tenant covenants with
the Landlord accordingly.
3.2 Rental Taxes
The Tenant will pay to the Landlord the Rental Taxes assessed on: (a) the Rent;
(b) the Landlord; and/or (c) the Tenant pursuant to the laws, rules and regulations
governing the administration of the Rental Taxes by the authority having jurisdiction, and
as such may be amended from time to time during the Term of this Lease or any
extension thereof. The Rental Taxes shall not be deemed to be Additional Rent under this
Lease, but may be recovered by the Landlord as though they were Additional Rent.
3.3 Payment Method
The Landlord may at any time, and from time to time, require the Tenant to
provide to the Landlord either: (a) a series of monthly postdated cheques, each cheque in
the amount of the monthly installment of Rent; or (b) authorization and documentation
required to automatically debit the Tenant's bank account for such amounts. In the event
of any change in the estimates of Additional Rent, the Landlord may require a new series
of monthly postdated cheques or new documentation (as applicable).
3.4 Deposit
Any deposit in the Landlord's hands at the beginning ofthe Term shall be held by
the Landlord without interest. The amount of any such rent deposit described in Section
1.1 (i) shall be applied to Rent and Rental Taxes as they fall due under this Lease. The
amount of any security deposit described in Section 1.1 shall be held by the Landlord as
security for the due performance by the Tenant of its obligations under this Lease and
may be applied, in the Landlord's discretion, to remedy any default by the Tenant
hereunder and, in the absence of such default, the deposit shall be applied to the Rent and
Rental Taxes for the last month ofthe Term. Ifthe Landlord draws moneys from the
deposit for the purpose of remedying any default ofthe Tenant, the Tenant shall, at the
request of the Landlord, pay forthwith to the Landlord the amount of money required to
replace the moneys so drawn by the Landlord.
3.5 Rent Past Due
If the Tenant fails to pay any Rent when the same is due and payable, such unpaid
amount shall bear interest at the rate of eighteen percent (18%) per annum (calculated
monthly at the rate of one and one-half percent (1.5%)), such interest to be calculated
from the time such Rent becomes due until paid by the Tenant.
3.6 Partial Periods
lfthe Term commences on any day other than the first day of the month, or ends
on any day other than the last day of the month, Rent for the fractions of a month at the
commencement and at the end of the Term shall be calculated on a pro rata basis and
shall be payable on the first day of the partial month.
Article 4 - Basic Rent
4.1 Basic Rent
The Tenant covenants and agrees to pay, from and after the Commencement Date,
to the Landlord at the office of the Landlord, or to such other person or at such other
location as the Landlord shall direct by notice in writing, in lawful money of Canada,
without any prior demand therefor and without any deduction, abatement or set-off
whatsoever, as annual Basic Rent, the sum(s) set out in Section 1.1 ofthis Lease in equal
monthly installments in advance in the amount(s) set out in Section 1.1, on the first day
of each and every month during the Term.
Article 5 - Additional Rent
5.1 Additional Rent
(1) In addition to the Basic Rent reserved in favour ofthe Landlord, the Tenant
shall, throughout the Term, pay to the Landlord or as otherwise provided in this
Lease, in lawful money of Canada, without any deduction, abatement or set-off
whatsoever, as Additional Rent the following costs incurred and attributable to the
entire Premises:
(a) all Realty Taxes levied, rated, charged or assessed on or in relation to the
Premises;
(b) if separately metered and measured, all charges, costs, accounts and any
other sums payable by reason of the supply of utilities and services to the
Premises; and
(c) all other sums, amounts, costs, cost escalations and charges specified in
this Lease to be payable by the Tenant.
(2) All ofthe payments set out in this Lease (other than Rental Taxes) shall
constitute Basic Rent or Additional Rent, and shall be deemed to be and shall
be paid as rent, whether or not any payment is payable to the Landlord or
otherwise, and whether or not paid as compensation to the Landlord for
expenses to which it has been put. The Landlord has all the rights against the
Tenant for default in payment of Additional Rent that is has against the Tenant
for default in payment of Basic Rent.
5.2 Realty Taxes
The Tenant shall pay to the Landlord, as Additional Rent, all Realty Taxes levied,
rated, charged or assessed throughout the Term, on or in relation to the Premises, or any
part thereof, in accordance with the following:
(a) payment shall be due in equal monthly installments over each calendar year or
such shorter period as required such that the Landlord will have in its hands an
amount sufficient to pay each installment of Realty Taxes when due to the
taxing authorities. Prior to the commencement of each year, the Landlord shall
estimate the amount of such equal monthly installments and notify the Tenant
in writing of such estimate. From time to time during the year, the Landlord
may re estimate the amounts payable for such year, in which event the
Landlord shall notify the Tenant in writing of such re-estimate and fix
monthly installments for the remaining balance of such year; and
(b) if the Landlord so directs, the Tenant shall pay Realty Taxes directly to the
taxing authorities. In that event, the Tenant shall make payment, on or before
the due date, of each installment and shall provide to the Landlord, on
demand, evidence of payment in the form of receipted bills.
5.3 Business and Other Taxes
In each and every year during the Term, the Tenant shall pay as Additional Rent,
discharge within fifteen (15) days after they become due, and indemnify the Landlord
from and against payment of, and any interest or penalty in respect of, the following:
(a) every tax, license fee, rate, duty and assessment of every kind with respect to
any business carried on by the Tenant in the Premises or by any subtenant,
licensee, concessionaire or franchisee or anyone else, or in respect of the use
or occupancy of the Premises by the Tenant, its subtenants, licensees,
concessionaires or franchisees, or anyone else (other than such taxes as
income, profits or similar taxes assessed on the income of the Landlord); and
(b) all Realty Taxes in respect of tenant's fixtures, Leasehold Improvements,
equipment or facilities on or about the Premises, and any Realty Taxes
occurring as a result of any reason peculiar to the Tenant.
5.4 Capital Taxes
The Tenant shall pay to the Landlord, as Additional Rent, the portion ofthe
Capital Taxes that, in the Landlord's reasonable discretion, is attributable to the Premises,
as ifthe Premises was the only property ofthe Landlord and/or any owner ofthe
Premises. Payment shall be due in equal monthly installments over each calendar year.
Prior to the commencement of each year, the Landlord shall estimate the amount of such
equal monthly installments and notify the Tenant in writing of such estimate. From time
to time during the year, the Landlord may re estimate the amounts payable for such year,
in which event the Landlord shall notify the Tenant in writing of such re-estimate and fix
monthly installments for the remaining balance of such year.
5.5 Landlord's Insurance Costs
The Tenant shall pay to the Landlord, as Additional Rent, all costs of the
Landlord in maintaining its insurance as contemplated herein in accordance with the
following:
(a) payment shall be due in equal monthly installments over each calendar year or
such shorter period as required, such that the Landlord will have in its hands
an amount sufficient to pay its insurance invoices. Prior to the commencement
of each year, the Landlord shall estimate the amount of such equal monthly
installments and notify the Tenant in writing of such estimate. From time to
time during the year, the Landlord may re estimate the amounts payable for
such year, in which event the Landlord shall notify the Tenant in writing of
such re-estimate and fix monthly installments for the remaining balance of
such year; and
(b) if the Landlord so directs, the Tenant shall reimburse it for the cost of
insurance on demand.
5.6 Annual Readjustment of Additional Rent
As soon as practicable after the expiration of each year, the Landlord shall make a
final determination of Realty Taxes, Capital Taxes and other estimated Additional Rent,
based on the actual costs incurred therefor by the Landlord, and shall notify the Tenant of
such determination, providing reasonable details as to the breakdown and calculation
thereof. If there has been a shortfall in the amounts payable by the Tenant for such
period, the Tenant shall pay such shortfall within twenty (20) days after delivery ofthe
Landlord's notice. Any over payment may be paid by the Landlord to the Tenant without
interest, or credited to the Tenant's account and held by the Landlord without interest, to
be applied to payments falling due under this Lease. In the event of any dispute, the
report ofthe Landlord's auditor or accountant as to Additional Rent shall be conclusive
as to the amount thereof for any period to which such report relates. Neither the Landlord
nor the Tenant may claim any adjustment on account of Additional Rent for any fiscal
period more than two (2) years after the date of delivery of the statement for such period.
Article 6 - Utilities and Building Systems
6.1 Payment for Utilities
At the demand ofthe Landlord after utilities become separately metered and
measured, the Tenant shall pay promptly when due all charges, costs, accounts and any
other sums payable by reason of the supply of the utilities and services to the Premises.
The Tenant shall contract with and pay the supplier directly. The Tenant shall
immediately advise the Landlord of any installations, appliances or machines used by the
Tenant which consume or are likely to consume large amounts of electricity or other
utilities and, on request, shall promptly provide the Landlord with a list of all
installations, appliances and machines used in the Premises.
6.2 No Overloading
The Tenant will not install any equipment which would exceed or overload the
capacity of the utility facilities in the Premises or the electrical wiring and service in the
Premises, and agrees that if any equipment installed by the Tenant shall require additional
utility facilities, such facilities shall be installed, if available, and subject to the
Landlord's prior written approval thereof (which approval may not be unreasonably
withheld), at the Tenant's sole cost and expense in accordance with plans and
specifications to be approved in advance by the Landlord, in writing.
6.3 No Liability
In no event shall the Landlord be liable for any injury to the Tenant, its
employees, agents or invitees, or to the Premises, or to any property ofthe Tenant or
anyone else, for any loss of profits or business interruption, indirect or consequential
damages, or for any other costs, losses or damages of whatsoever kind arising from any
interruption or failure in the supply of any utility or service to the Premises.
Article 7 - Use of Premises
7.1 Use of Premises
The Tenant acknowledges that the Premises will be used solely for the purpose set
out in Section 1.1, and for no other purpose.
7.2 Observance of Law
The Tenant shall, at its own expense, comply with all laws, by-laws, ordinances,
regulations and directives of public authority having jurisdiction affecting the Premises or
the use or occupation thereof including, without limitation, police, fire and health
regulations and requirements of the fire insurance underwriters. Without limiting the
generality of the foregoing:
(a) where, during the Term, the Tenant has, through its use or occupancy ofthe
Premises, caused or permitted a release of a contaminant at, from or to the
Premises, the Tenant shall immediately clean up such contaminant from the
Premises, and any affected areas, at the Tenant's expense; and
(b) on the termination of this Lease for any reason, the Tenant shall remove, at its
expense, any contaminant or contamination which, through the Tenant's use
or occupancy of the Premises, it has brought to or created at the Premises.
7.3 Waste, Nuisance, Overloading
The Tenant shall not do or suffer any waste or damage, disfiguration or injury to
the Premises, nor permit or suffer any overloading of the floors, roof deck, walls or any
other part of the Premises, and shall not use or permit to be used any part of the Premises
for any illegal or unlawful purpose or any dangerous, noxious or offensive trade or
business, and shall not cause or permit any nuisance in, at or on the Premises.
Article 8 - Maintenance, Repairs and Alterations of Premises
8.1 Tenant's Obligations
In addition to and without limiting the statement of any other obligations set forth
herein, the Tenant also covenants with the Landlord as follows:
8.1.1 To keep the premises in a good and reasonable state of repair consistent
with the general standards applicable to buildings of a similar nature in the
vicinity of the Premises;
8.1.2 To allow cleaning staff retained by the Landlord access to the Premises on
any day after normal business hours to effect cleaning of such Premises;
8.1.3 Not to use or utilize the outer walls or windows of the Premises for any
notice or nameplate advertising the presence of or business ofthe Tenant;
and
8.1.4 To exhibit its name in form and character approved by the Landlord on the
directory board in the entrance hallway to the building and on the interior
door to the Premises.
8.2 Landlord's Obligations
In addition to and without limiting the statement of any other obligation as set
forth herein and so long as the Tenant is not in default in respect of any covenant
hereunder, the Landlord also covenants with the Tenant as follows:
8.2.1 The Tenant shall have access to and use of the Premises without
interference from the Landlord;
8.2.2 During the Landlord's normal working hours, the Tenant shall have access
to and use of the Building mailroom, including any mail sorting service
offered therein;
8.2.3 To supply hot and cold water to wash basin and toilets in the Building
within which the Premises is located;
8.2.4 To maintain the Building Systems in reasonable repair and working order;
8.2.5 To keep the common areas in the Building clean and well lighted;
8.2.6 To maintain the outer walls and roof ofthe Building in proper structural
repair; and
8.2.7 To employ competent cleaning staffto keep the Premises suitably cleaned
and dusted.
8.3 Inspection and Repair on Notice
The Landlord, its servants, agents and contractors shall be entitled to enter on the
Premises at any time, without notice, for the purpose of making emergency repairs, and
during normal business hours on reasonable prior written notice, for the purpose of
inspecting and making repairs, alterations or improvements to the Premises, or for the
purpose of having access to the under floor ducts, or to the access panels to mechanical
shafts (which the Tenant agrees not to obstruct). The Tenant shall not be entitled to
compensation for any inconvenience, nuisance or discomfort occasioned thereby. The
Landlord, its servants, agents and contractors may, at any time and from time to time, on
reasonable prior written notice, enter on the Premises to remove any article or remedy
any condition which, in the opinion of the Landlord, would likely lead to the cancellation
of any policy of insurance. The Landlord will take reasonable precautions and attempt to
schedule such work so as not to unreasonably interfere with the operation of the Tenant's
business and to minimize interference with the Tenant's use and enjoyment of the
Premises. The Tenant shall promptly effect all repairs necessitated by the Tenant's
negligence or willful misconduct or the negligence or willful misconduct ofthe Tenant's
agents, servants, contractors, invitees, employees or others for whom the Tenant is in law
responsible.
8.4 Alterations
Subject to leasehold improvements (Landlord works/Tenant works) specified in
Schedule "e" hereto, the Tenant will not make or erect in or to the Premises any
installations, alterations, additions or partitions without first submitting drawings and
specifications to the Landlord and obtaining the Land lord's prior written consent, which
the Landlord shall not unreasonably withhold. The Tenant must further obtain the
Landlord's prior written consent to any change or changes in such drawings and
specifications. The Tenant will pay to the Landlord the Landlord's reasonable out-of-
pocket costs of having its architects approve such drawings and specifications and any
changes. Such work shall be performed by qualified contractors engaged by the Tenant
(and approved by the Landlord), but in each case only under a written contract approved
in writing by the Landlord and subject to all reasonable conditions which the Landlord
may impose, provided nevertheless that the Landlord may, at its option, require that the
Landlord's contractors be engaged for any structural, mechanical or electrical work. The
Tenant shall submit to the Landlord's reasonable supervision over construction and
promptly pay to the Landlord's or the Tenant's contractors, as the case may be, when
due, the cost of all such work and of all materials, labor and services involved therein and
of all decoration and all changes to the Premises, its equipment or services, necessitated
thereby.
8.5 Signs
The Tenant shall be permitted to install a sign on the exterior of the Premises,
subject to the Landlord's approval as to size, location, design, type and method of
installation, which approval shall not be unreasonably withheld. The Tenant shall not
install and otherwise display any additional sign on any part of the outside of the
Premises or that is visible from the outside ofthe Premises without the prior consent of
the Landlord, not to be unreasonably withheld.
8.6 Construction Liens
If any construction or other lien or order for the payment of money shall be filed
against the Premises by reason of or arising out of any labour or material furnished to the
Tenant or to anyone claiming through the Tenant, the Tenant, within five (5) days after
receipt of notice of the filing thereof, shall cause the same to be discharged by bonding,
deposit, payment, court order or otherwise. The Tenant shall defend all suits to enforce
such liens or orders against the Tenant at the Tenant's sole expense. The Tenant
indemnifies the Landlord against any expense or damage incurred as a result of such liens
or orders.
8.7 Removal of Improvements and Fixtures
(1) All Leasehold Improvements shall immediately on their placement become the
Landlord's property, without compensation to the Tenant. Except as otherwise
agreed by the Landlord in writing, no Leasehold Improvements or trade
fixtures shall be removed from the Premises by the Tenant, either during or on
the expiry or earlier termination of the Term, except that:
(a) the Tenant may, during the Term, in the usual course of its business,
remove its trade fixtures, provided that the Tenant is not in default under
this Lease, and at the end of the Term, the Tenant shall remove its trade
fixtures; and
(b) the Tenant shall, at its sole cost, remove such of the Leasehold
Improvements as the Landlord shall require to be removed, such removal
to be completed on or before the end ofthe Term.
(2) The Tenant shall, at its own expense, repair any damage caused to the
Premises by the Leasehold Improvements or trade fixtures or the removal
thereof. In the event that the Tenant fails to remove its trade fixtures prior to
the expiry or earlier termination of the Term, such trade fixtures shall, at the
option of the Landlord, become the property of the Landlord and may be
removed from the Premises and sold or disposed of by the Landlord in such
manner as it deems advisable. For greater certainty, the Tenant's trade fixtures
shall not include any Building Systems or light fixtures. Notwithstanding
anything in this Lease, the Landlord shall be under no obligation to repair or
maintain the Tenant's installations.
8.8 Surrender of Premises
At the expiration or earlier termination of this Lease, the Tenant shall peaceably
surrender and give up to the Landlord vacant possession of the Premises in the same
condition and state of repair as the Tenant is required to maintain the Premises
throughout the Term and in accordance with its obligations in Section 8.7.
Article 9 - Insurance and Indemnity
9.1 Tenant's Insurance
(1) The Tenant shall, at its sole cost and expense, take out and maintain in full
force and effect, at all times throughout the Term, the following insurance:
(a) "All Risks" insurance on property of every description and kind owned by
the Tenant, or for which the Tenant is legally liable, or which is installed
by or on behalf of the Tenant, within the Premises including, without
limitation, stock-in- trade, furniture, equipment, partitions, trade fixtures
and Leasehold Improvements, in an amount not less than the full
replacement cost thereof from time to time;
(b) general liability and property damage insurance, including personal
liability, contractual liability, tenants' legal liability, non-owned
automobile liability, and owners' and contractors' protective insurance
coverage with respect to the Premises, which coverage shall include the
business operations conducted by the Tenant and any other person on the
Premises. Such policies shall be written on a comprehensive basis with
coverage for anyone occurrence or claim of not less than five million
dollars ($5,000,000) or such higher limits as the Landlord may reasonably
require from time to time;
( c) when applicable, broad form comprehensive boiler and machinery
insurance on a blanket repair and replacement basis, with limits for each
accident in an amount not less than the full replacement costs of the
property, with respect to all boilers and machinery owned or operated by
the Tenant or by others (other than the Landlord) on behalf of the Tenant
in the Premises or relating to or serving the Premises;
(d) business interruption insurance in an amount sufficient to cover the
Tenant's Rent for a period of not less than twelve (12) months;
( e) such other forms of insurance as may be reasonably required by the
Landlord and any Mortgagee from time to time.
(2) All such insurance shall be with insurers and shall be on such terms and
conditions as the Landlord reasonably approves. The insurance described in
Sections 9.1 (a) and 9.1(c) shall name as loss payee the Landlord and anyone
else with an interest in the Premises from time to time designated in writing
by the Landlord, and shall provide that any proceeds recoverable in the event
of damage to Leasehold Improvements shall be payable to the Landlord. The
insurance described in Sections 9.1(b) and 9.1(d) shall name as an additional
insured the Landlord and anyone else with an interest in the Premises from
time to time designated in writing by the Landlord. The Landlord agrees to
make available such proceeds toward repair or replacement of the insured
property if this Lease is not terminated pursuant to the terms of this Lease. All
public liability insurance shall contain a provision for cross-liability or
severability of interest as between the Landlord and the Tenant.
(3) All ofthe foregoing property policies shall contain a waiver of any right of
subrogation or recourse by the Tenant's insurers against the Landlord or the
Landlord's mortgagees, their contractors, agents and employees, whether or
not any loss is caused by the act, omission or negligence of the Landlord, its
mortgagees, their contractors, agents or employees. The Tenant shall obtain
from the insurers under such policies undertakings to notify the Landlord in
writing at least thirty (30) days prior to any cancellation thereof. The Tenant
shall furnish to the Landlord, on written request, certificates of all such
policies. The Tenant agrees that if it fails to take out or to keep in force such
insurance or if it fails to provide a certificate of every policy and evidence of
continuation of coverage as herein provided, the Landlord shall have the right
to take out such insurance and pay the 'premium therefor and, in such event,
the Tenant shall pay to the Landlord the amount paid as premium plus fifteen
percent (15%), which payment shall be deemed to be Additional Rent payable
on the first day of the next month following payment by the Landlord.
9.2 Landlord's Insurance
The Landlord shall provide and maintain insurance on the Premises against loss,
damage or destruction caused by fire and extended perils under a standard extended form
of fire insurance policy in such amounts and on such terms and conditions as would be
carried by a prudent owner of a similar building, having regard to the size, age and
location of the Premises. The amount of insurance to be obtained shall be determined at
the sole discretion of the Landlord. The Landlord may maintain such other insurance in
respect of the Premises and its operation and management as the Landlord determines,
acting reason ably. The Tenant shall not be an insured under the policies with respect to
the Landlord's insurance, nor shall it be deemed to have any insurable interest in the
property covered by such policies, or any other right or interest in such policies or their
proceeds.
9.3 Increase of Landlord Premiums
If the occupancy of the Premises, the conduct of business in the Premises, or any
acts or omissions of the Tenant in the Premises or any part thereof, causes or results in
any increase in premiums for the insurance carried from time to time by the Landlord
with respect to the Premises, the Tenant shall pay any such increase in premiums as
Additional Rent forthwith after invoices for such additional premiums are rendered by the
Landlord. In determining whether increased premiums are caused by or result from the
use and occupancy of the Premises, a schedule issued by the organization computing the
insurance rate on the Premises showing the various components of such rate shall be
conclusive evidence of the several items and charges which make up such rate. The
Tenant shall comply promptly with all requirements and recommendations of the
Insurer's Advisory Organization of Canada (or any successor thereof), or of any insurer
now or hereafter in effect, pertaining to or affecting the Premises.
9.4 Tenant Indemnity
The Tenant shall indemnify the Landlord and save it harmless from any and all
losses or claims, actions, demands, liabilities and expenses in connection with loss oflife,
personal injury and/or damage to or loss of property: (a) arising out of any occurrence in
or about the Premises; (b) occasioned or caused wholly or in part by any act or omission
of the Tenant or anyone for whom it is in law responsible; or ( c) arising from any breach
by the Tenant of any provision of this Lease.
9.5 Mutual Release
(1) Each ofthe Landlord and the Tenant releases the other and waives all claims
against the other and those for whom the other is in law responsible with
respect to occurrences insured against or required to be insured against by the
releasing party, whether any such claims arise as a result ofthe negligence or
otherwise ofthe other or those for whom it is in law responsible, subject to the
following:
(a) such release and waiver shall be effective only to the extent of proceeds of
insurance received by the releasing party or proceeds which would have
been received ifthe releasing party had obtained all insurance required to
be obtained by it under this Lease (whichever is greater) and, for this
purpose, deductible amounts under the Tenant's insurance (but not the
Landlord's) shall be deemed to be proceeds of insurance received; and
(b) to the extent that both parties have insurance or are required to have
insurance for any occurrence, the Tenant's insurance shall be primary.
(2) Notwithstanding the foregoing or anything else herein contained, in no event,
whether or not the result ofthe willful act or the negligence ofthe Landlord,
its agents, officers, employees or others for whom it is legally responsible, and
irrespective of any insurance that mayor may not be carried or required to be
carried, shall the Landlord be liable for:
(a) damage to property ofthe Tenant or others located on the Premises;
(b) any injury or damage to persons or property resulting from fire, explosion,
steam, water, rain, snow or gas which may leak into or issue or flow from
any part ofthe Premises or from the water, steam or drainage pipes or
plumbing works of the Premises or from any other place or quarter;
(c) any damage caused by or attributable to the condition or arrangement of
any electrical or other wiring; or
(d) any indirect or consequential damages suffered by the Tenant.
Article 10 - Assignment and Subletting
10.1 Assignment, Subletting
The Tenant shall not effect any Transfer without the prior written consent of the
Landlord, which shall not be unreasonably withheld. No consent to any Transfer shall
relieve the Tenant from its obligation to pay Rent and to perform all of the covenants,
terms and conditions herein contained. In the event of a Transfer, the Landlord may
collect Rent or sums on account of Rent from the Transferee and apply the net amount
collected to the Rent payable hereunder, but no such Transfer or collection, or acceptance
of the Transferee as tenant, shall be deemed to be a waiver ofthis covenant.
10.2 Landlord's Consent
If the Tenant desires to effect a Transfer, then and so often as such event shall
occur, the Tenant shall make its request to the Landlord in writing. The Tenant's request
shall contain the information required by Section 10.3 of this Lease. The Landlord shall,
within fourteen (14) days after receipt of such request, notify the Tenant in writing either
that: ( a) the Landlord consents or does not consent, as the case may be; or (b) the
Landlord elects to cancel and terminate this Lease if the request is to assign the Lease or
to sublet or otherwise transfer all ofthe Premises or, if the request is to sublet or
otherwise transfer a portion of the Premises only, to cancel and terminate this Lease with
respect to such portion. If the Landlord elects to cancel this Lease as aforesaid and so
advises the Tenant in writing, the Tenant shall then notify the Landlord in writing within
fifteen (15) days thereafter of the Tenant's intention either to refrain from such Transfer
or to accept the cancellation of the Lease (in whole or in part, as the case may be). Failure
of the Tenant to deliver notice to the Landlord within such fifteen (15) day period
advising ofthe Tenant's desire to refrain from such Transfer shall be deemed to be an
acceptance by the Tenant ofthe Landlord's cancellation ofthis Lease (in whole or in part,
as the case may be). Any cancellation of this Lease pursuant to this Section 10.2 shall be
effective on the later of the date originally proposed by the Tenant as being the effective
date of the Transfer and the last day ofthe month sixty (60) days following the date ofthe
Landlord's notice to cancel this Lease.
10.3 Requests for Consent
Requests by the Tenant for the Landlord's consent to a Transfer shall be in
writing and shall be accompanied by the name, address, telephone numbers" business
experience, credit and financial information and banking references of the Transferee,
and shall include a true copy of the document evidencing the proposed Transfer, and any
agreement relating thereto. The Tenant shall also provide such additional information
pertaining to the Transferee as the Landlord may reasonably require. The Landlord's
consent shall be conditional on the following:
(a) the Tenant remaining fully liable to pay Rent and to perform all of the
covenants, terms and conditions herein contained;
(b) the Landlord being satisfied, acting reasonably, with the financial ability and
good credit rating and standing of the Transferee and the ability ofthe
Transferee to carry on the permitted use;
( c) the Tenant having regularly and duly paid Rent and performed all the
covenants contained in this Lease;
(d) the Transferee having entered into an agreement with the Landlord agreeing to
be bound by all of the terms, covenants and conditions of this Lease;
( e) the Tenant paying to the Landlord, prior to receiving such consent, an
administrative fee and all reasonable legal fees and disbursements incurred by
the Landlord in connection with the Transfer; and
(f) the Tenant paying to the Landlord, as Additional Rent, all excess rent and
other profit earned by the Tenant in respect of the Transfer.
10.4 Change of Control
Any transfer or issue by sale, assignment, bequest, inheritance, operation of law,
or other disposition, or by subscription, of any part or all of the corporate shares of the
Tenant or any other corporation, which would result in any change in the effective direct
or indirect control of the Tenant, shall be deemed to be a Transfer, and the provisions of
this Article 10 shall apply mutatis mutandis. The Tenant shall make available to the
Landlord or its lawful representatives such books and records for inspection, at all
reasonable times, in order to ascertain whether there has, in effect, been a change in
control. This provision shall not apply if the Tenant is a public company or is controlled
by a public company listed on a recognized stock exchange and such change occurs as a
result of trading in the shares of a corporation listed on such exchange.
10.5 No Advertising
The Tenant shall not advertise that the whole or any part of the Premises is
available for assignment or sublease, and shall not permit any broker or other person to
do so unless the text and format of such advertisement is approved in writing by the
Landlord. No such advertisement shall contain any reference to the rental rate of the
Premises.
10.6 Assignment by Landlord
In the event of the sale or lease by the Landlord of its interest in the Premises or
any part or parts thereof, and in conjunction therewith the assignment by the Landlord of
this Lease or any interest of the Landlord herein, the Landlord shall be relieved of any
liability under this Lease in respect of matters arising from and after such assignment.
10.7 Status Certificate
The Tenant shall, on ten (10) days' notice from the Landlord, execute and deliver
to the Landlord a statement as prepared by the Landlord in writing certifying the
following:
(a) that this Lease is unmodified and in full force and effect, or, if modified,
stating the modifications and that the same is in full force and effect as
modified;
(b) the amount of the Basic Rent then being paid;
( c) the dates to which Basic Rent, by installments or otherwise, and Additional
Rent and other charges hereunder have been paid; and
(d) whether or not there is any existing default on the part ofthe Landlord of
which the Tenant has notice.
10.8 Subordination and Non-Disturbance
This Lease and all ofthe rights ofthe Tenant hereunder are, and shall at all times,
be subject and subordinate to any and all Mortgages and any renewals or extensions
thereof now or hereinafter in force against the Premises. Upon the request ofthe
Landlord, the Tenant shall promptly subordinate this Lease and all its rights hereunder in
such form or forms as the Landlord may require to any such Mortgage or Mortgages, and
to all advances made or hereinafter to be made on the security thereof and will, if
required, attorn to the holder thereof. No subordination by the Tenant shall have the
effect of permitting a Mortgagee to disturb the occupation and possession by the Tenant
of the Premises or of affecting the rights of the Tenant pursuant to the terms of this Lease,
provided that the Tenant performs all of its covenants, agreements and conditions
contained in this Lease and contemporaneously executes a document of attornment as
required by the Mortgagee.
Article 11- Quiet Enjoyment
11.1 Quiet Enjoyment
The Tenant, on paying the Rent hereby reserved, and performing and observing
the covenants and provisions herein required to be performed and observed on its part,
shall peaceably enjoy the Premises for the Term.
Article 12 - Damage and Destruction
12.1 Damage or Destruction to Premises
If the Premises or any portion thereof are damaged or destroyed by fire or by
other casualty, Rent shall abate in proportion to the area ofthat portion of the Premises
which, in the opinion ofthe Landlord's architect or professional engineer, is thereby
rendered unfit for the purposes ofthe Tenant until the Premises are repaired and rebuilt,
and the Landlord shall repair and rebuild the Premises. The Landlord's obligation to
repair and rebuild shall not include the obligation to repair and rebuild any chattel,
fixture, leasehold improvement, installation, addition or partition in respect of which the
Tenant is required to maintain insurance hereunder, or any other property ofthe Tenant.
Rent shall recommence to be payable one (1) day after the Landlord notifies the Tenant
that the Tenant may reoccupy the Premises for the purpose of undertaking its work.
12.2 Rights to Termination
Notwithstanding Section 12.1:
(a) if the Premises or any portion thereof are damaged or destroyed by any cause
whatsoever and cannot, in the reasonable opinion of the Landlord, be rebuilt
within one hundred and twenty (120) days of the damage or destruction, the
Landlord may terminate this Lease by giving to the Tenant, within thirty (30)
days after such damage or destruction, notice of termination, and thereupon
Rent and other payments hereunder shall be apportioned and paid to the date
of such damage or destruction, and the Tenant shall immediately deliver up
vacant possession of the Premises to the Landlord; and
(b) in the event of damage or destruction occurring by reason of any cause in
respect of which proceeds of insurance are substantially insufficient to pay for
the costs of rebuilding the Premises or are not payable to or received by the
Landlord, or in the event that any Mortgagee or other person entitled thereto
shall not consent to the payment to the Landlord of the proceeds of any
insurance policy for such purpose or, in the event that the Landlord is not able
to obtain all necessary governmental approvals and permits to rebuild the
Premises, the Landlord may elect, within thirty (30) days of such damage or
destruction, on written notice to the Tenant, to terminate this Lease, and the
Tenant shall immediately deliver up vacant possession of the Premises to the
Landlord.
12.3 Certificate Conclusive
Any decisions regarding the extent to which the Premises has become unfit for
use shall be made by an architect or professional engineer appointed by the Landlord,
whose decision shall be final and binding on the parties.
12.4 Landlord's Work
In performing any reconstruction or repair, the Landlord may effect changes to the
Premises and its equipment and systems. The Landlord shall have no obligation to grant
to the Tenant any Tenant's allowances to which it may have been entitled at the
beginning of the Term, and shall have no obligation to repair any damage to Leasehold
Improvements or the Tenant's fixtures.
12.5 Expropriation
(1) If at any time during the Term any public body or paramount authority shall
take or expropriate the whole or a portion of the Premises, then the following
provisions shall apply:
(a) if such expropriation or compulsory taking does not materially affect the
Tenant's use or enjoyment ofthe Premises, then the whole ofthe
compensation awarded or settled, whether fixed by agreement or
otherwise, shall be paid or received by the Landlord, and the Tenant
assigns, transfers and sets over unto the Landlord all of the right, title and
interest ofthe Tenant therein and thereto, and this Lease shall thereafter
continue in effect with respect to the remainder of the Premises, without
abatement or adjustment of Rent; and
(b) if such expropriation or compulsory taking does materially affect the
Tenant's use or enjoyment of the Premises, then, at the Landlord's option:
(i) this Lease shall be deemed to terminate and the Term shall terminate on
the date on which the expropriating or taking authority requires possession
of the lands so expropriated or taken; or (ii) the Premises shall be adjusted
to exclude the area so taken, the Landlord shall complete any work
required to the Premises as a result of such taking (excluding any work
relating to any chattel, fixture, leasehold improvement, installation,
addition or partition in respect of which the Tenant is required to maintain
insurance hereunder, or any other property ofthe Tenant) and the Rent
shall be adjusted if the Rentable Area of the Premises changes as a result
of such taking. In either event the Landlord shall be entitled to receive the
entire compensation awarded or settlement, whether fixed by agreement or
otherwise, save and except for the portion thereofthat is specifically
awarded or allocated in respect of the leasehold improvements or other
interests ofthe Tenant.
(2) The Landlord and the Tenant will cooperate with each other regarding any
expropriation of the Premises or any part thereof so that each receives the
maximum award to which it is entitled at law.
Article 13 - Default
13.1 Default and Right to Re-enter
Any of the following constitutes an Event of Default under this Lease:
(a) any Rent due is not paid within five (5) days after notice in writing from
the Landlord to the Tenant;
(b) the Tenant has breached any of its obligations in this Lease and, if such
breach is capable of being remedied and is not otherwise listed in this
Section 13.1, after notice in writing from the Landlord to the Tenant:
(i) the Tenant fails to remedy such breach within ten (10) days (or such
shorter period as may be provided in this Lease); or
(ii) if such breach cannot reasonably be remedied within ten (10) days (or
such shorter period), the Tenant fails to commence to remedy such
breach within ten (10) days of such breach, or thereafter fails to
proceed diligently to remedy such breach;
(c) the Tenant or any Indemnifier becomes bankrupt or insolvent or takes the
benefit of any statute for bankrupt or insolvent debtors or makes any
proposal, an assignment or arrangement with its creditors, or any steps are
taken or proceedings commenced by any person for the dissolution,
winding-up or other termination of the Tenant's existence or the
liquidation of its assets;
(d) a trustee, receiver, receiver/manager or a person acting in a similar
capacity is appointed with respect to the business or assets of the Tenant or
any Indemnifier;
( e) the Tenant or any Indemnifier makes a sale in bulk of all or a substantial
portion of its assets, other than in conjunction with an assignment or
sublease approved by the Landlord;
(f) this Lease or any ofthe Tenant's assets are taken under a writ of execution
and such writ is not stayed or vacated within fifteen (15) days after the
date of such taking;
(g) the Tenant makes an assignment or sublease, other than in compliance
with the provisions of this Lease;
(h) the Tenant abandons or attempts to abandon the Premises, or the Premises
become vacant or substantially unoccupied for a period often (10)
consecutive days or more without the consent ofthe Landlord;
(i) the Tenant moves or commences, attempts or threatens to move its trade
fixtures, chattels and equipment out of the Premises; or
(j) any insurance policy covering any part of the Premises is, or is threatened
to be, cancelled or adversely changed (including a substantial premium
increase) as a result of any action or omission by the Tenant or any person
for whom it is legally responsible.
13.2 Default and Remedies
If and whenever an Event of Default occurs, then, without prejudice to any other
rights which it has pursuant to this Lease or at law, the Landlord shall have the following
rights and remedies, which are cumulative and not alternative:
(a) to terminate this Lease by notice to the Tenant or to re-enter the Premises and
repossess them and, in either case, enjoy them as of its former estate, and to
remove all persons and property from the Premises and store such property at
the expense and risk ofthe Tenant or sell or dispose of such property in such
manner as the Landlord sees fit without notice to the Tenant. Ifthe Landlord
enters the Premises without notice to the Tenant as to whether it is terminating
this Lease under this Section 13 .2( a) or proceeding under Section 13 .2(b) or
any other provision of this Lease, the Landlord shall be deemed to be
proceeding under Section 13.2(b), and the Lease shall not be terminated, nor
shall there be any surrender by operation oflaw, but the Lease shall remain in
full force and effect until the Landlord notifies the Tenant that it has elected to
terminate this Lease. No entry by the Landlord during the Term shall have the
effect ofterminating this Lease without notice to that effect to the Tenant;
(b) to enter the Premises as agent ofthe Tenant to do any or all ofthe following:
(i) relet the Premises for whatever length and on such terms as the Landlord,
in its discretion, may determine, and to receive the rent therefor;
(ii) take possession of any property of the Tenant on the Premises, store such
property at the expense and risk ofthe Tenant, or sell or otherwise dispose
of such property in such manner as the Landlord sees fit without notice to
the Tenant;
(iii) make alterations to the Premises to facilitate their reletting; and
(iv) apply the proceeds of any such sale or reletting first, to the payment of
any expenses incurred by the Landlord with respect to any such reletting
or sale, second, to the payment of any indebtedness ofthe Tenant to the
Landlord other than Rent, and third, to the payment of Rent in arrears,
with the residue to be held by the Landlord and applied to payment of
future Rent as it becomes due and payable, provided that the Tenant shall
remain liable for any deficiency to the Landlord;
(c) to remedy or attempt to remedy any default of the Tenant under this Lease for
the account of the Tenant and to enter on the Premises for such purposes. No
notice of the Landlord's intention to remedy or attempt to remedy such default
need be given to the Tenant unless expressly required by this Lease, and the
Landlord shall not be liable to the Tenant for any loss, injury or damages
caused by acts of the Landlord in remedying or attempting to remedy such
default. The Tenant shall pay to the Landlord all expenses incurred by the
Landlord in connection therewith;
(d) to recover from the Tenant all damages, costs and expenses incurred by the
Landlord as a result of any default by the Tenant including, if the Landlord
terminates this Lease, any deficiency between those amounts which would
have been payable by the Tenant for the portion of the Term following such
termination and the net amounts actually received by the Landlord during such
period of time with respect to the Premises; and
(e) to recover from the Tenant the full amount ofthe current month's Rent
together with the next three (3) months' installments of Rent, all of which
shall immediately become due and payable as accelerated rent.
13.3 Distress
Notwithstanding any provision of this Lease or any provision of any applicable
legislation, none ofthe goods and chattels of the Tenant on the Premises at any time
during the Term shall be exempt from levy by distress for Rent in arrears, and the Tenant
waives any such exemption. If the Landlord makes any claim against the goods and
chattels of the Tenant by way of distress, this provision may be pleaded as an estoppel
against the Tenant in any action brought to test the right of the Landlord to levy such
distress.
13.4 Costs
The Tenant shall pay to the Landlord all damages, costs and expenses (including,
without limitation, all legal fees on a solicitor and client basis) incurred by the Landlord
in enforcing the terms of this Lease, or with respect to any matter or thing which is the
obligation of the Tenant under this Lease, or in respect of which the Tenant has agreed to
insure or to indemnify the Landlord.
13.5 Remedies Cumulative
Notwithstanding any other provision ofthis Lease, the Landlord may from time to
time resort to any or all of the rights and remedies available to it in the event of any
default hereunder by the Tenant, either by any provision of this Lease, by statute, or
common law, all of which rights and remedies are intended to be cumulative and not
alternative. The express provisions contained in this Lease as to certain rights and
remedies are not to be interpreted as excluding any other or additional rights and
remedies available to the Landlord by statute or common law.
Article 14 - General
14.1 Entry
(1) Provided that the Tenant has not exercised any option to extend this Lease as
provided herein, the Landlord shall be entitled, at any time during the last nine
(9) months of the Term:
(a) without notice to or consent by the Tenant, to place on the exterior ofthe
Premises the Landlord's usual notice(s) that the Premises are for rent; and
(b) on reasonable prior notice, to enter on the Premises during normal business
hours for the purpose of exhibiting same to prospective tenants.
(2) The Landlord may enter the Premises at any time during the Term, on
reasonable notice, for the purpose of exhibiting the Premises to prospective
Mortgagees and/or purchasers, or for the purpose of inspecting the Premises.
The Landlord shall have the right to place on the Premises a "for sale" sign of
reasonable dimensions.
14.2 Force Majeure
Notwithstanding any other provision contained herein, in the event that either the
Landlord or the Tenant should be delayed, hindered or prevented from the performance
of any act required hereunder by reason of any unavoidable delay, including strikes,
lockouts, unavailability of materials, inclement weather, acts of God or any other cause
beyond its reasonable care and control, but not including insolvency or lack of funds,
then performance of such act shall be postponed for a period of time equivalent to the
time lost by reason of such delay. The provisions of this Section 14.2 shall not under any
circumstances operate to excuse the Tenant from prompt payment of Rent and/or any
other charges payable under this Lease.
14.3 Effect of Waiver or Forbearance
No waiver by any party of any breach by any other party of any of its covenants,
agreements or obligations contained in this Lease shall be or be deemed to be a waiver of
any subsequent breach thereof or the breach of any other covenants, agreements or
obligations, nor shall any forbearance by any party to seek a remedy for any breach by
any other party be a waiver by the party so forbearing of its rights and remedies with
respect to such breach or any subsequent breach. The subsequent acceptance of Rent by
the Landlord shall not be deemed a waiver of any preceding breach by the Tenant of any
term, covenant or condition regardless ofthe Landlord's knowledge of such preceding
breach at the time of the acceptance of such Rent. All Rent and other charges payable by
the Tenant to the Landlord hereunder shall be paid without any deduction, set-off or
abatement whatsoever, and the Tenant waives the benefit of any statutory or other right in
respect of abatement or set-off in its favour at the time hereof or at any future time.
14.4 Notices
(1) Any notice, delivery, payment or tender of money or document(s) to the
parties hereunder may be delivered personally or sent by prepaid registered or
certified mail or prepaid courier to the address for such party as set out in
Section 1. 1 (a), (b) or (c), as applicable, and any such notice, delivery or
payment so delivered or sent shall be deemed to have been given or made and
received on delivery of same or on the third business day following the
mailing of same, as the case may be. Each party may, by notice in writing to
the others from time to time, designate an alternative address in Canada to
which notices given more than ten (10) days thereafter shall be addressed.
(2) Notwithstanding the foregoing, any notice, delivery, payment or tender of
money or document(s) to be given or made to any party hereunder during any
disruption in the service of Canada Post shall be deemed to have been
received only if delivered personally or sent by prepaid courier.
14.5 Registration
Neither the Tenant nor anyone on the Tenant's behalf or claiming under the
Tenant (including any Transferee) shall register this Lease or any Transfer against the
Premises. The Tenant may register a notice or caveat of this Lease provided that: (a) a
copy of the Lease is not attached; (b) no financial terms are disclosed; ( c) the Landlord
gives its prior written approval to the notice or caveat; and (d) the Tenant pays the
Landlord's reasonable costs on account of the matter. Upon the expiration or earlier
termination of the Term, the Tenant shall immediately discharge or otherwise vacate any
such notice or caveat.
14.6 Number, Gender, Effect of Headings
Words importing the singular number only shall include the plural and vice versa,
words importing the masculine gender shall include the feminine and neuter genders, and
words importing persons shall include firms and corporations and vice versa. The
division of this Lease into Articles and Sections and the insertion of headings are for
convenience of reference only, and shall not affect the construction or interpretation of
this Lease.
14.7 Severability, Subdivision Control
If any Article or Section or part or parts of an Article or Section in this Lease is or
is held to be illegal or unenforceable, it or they shall be considered separate and severable
from the Lease and the remaining provisions of this Lease shall remain in full force and
effect and shall be binding on the Landlord and the Tenant as though such Article or
Section or part or parts thereof had never been included in this Lease. It is an express
condition ofthis Lease that the subdivision control provisions ofthe applicable provincial
legislation be complied with, if necessary. If such compliance is necessary, the Tenant
covenants and agrees to diligently proceed, at its own expense, to obtain the required
consent, and the Landlord agrees to cooperate with the Tenant in bringing such
application.
14.8 Entire Agreement
There are no covenants, representations, warranties, agreements or other
conditions expressed or implied, collateral or otherwise, forming part of or in any way
affecting or relating to this Lease, save as expressly set out or incorporated by reference
herein, and this Lease constitutes the entire agreement duly executed by the parties, and
no amendment, variation or change to this Lease shall be binding unless the same shall be
in writing and signed by the parties.
14.9 Successors and Assigns
The rights and liabilities of the parties shall enure to the benefit of their respective
heirs, executors, administrators, successors and assigns, subject to any requirement for
consent by the Landlord hereunder.
14.10 Confidentiality and Personal Information
(1) The contents, terms and conditions of this Lease shall be kept strictly
confidential by the Tenant. The Tenant shall not, under any circumstances,
discuss or reveal the details of this Lease with any arm's-length parties
including, but not limited to, any prospective tenants, real estate agents or
others, except the Tenant's legal and financial advisors, any bona tide
Transferee, and except as may be required by law.
(2) Any Tenant or Indemnifier that is an individual person consents to the
collection and use of their personal information, as provided directly or
collected from third parties, for the purposes of the Landlord considering the
Tenant's offer in respect of this Lease and determining the suitability of the
Tenant or Indemnifier, as applicable, (both initially and on an on-going basis),
including the disclosure of such information to existing and potential lenders,
investors and purchasers.
IN WITNESS WHEREOF the parties have duly executed this Lease.
LANDLORD
IIW e have the authority to bind
the Corporation
[Name of Landlord]
Per:
Name:
Title:
Per:
Name:
Title:
TENANT
IIW e have the authority to bind
the Corporation
[Name of Ten ant]
Per:
Name:
Title:
Per:
Name:
Title:
REPORT TO COUNTY COUNCIL
FROM: Clayton Watters, Director of Engineering Services
DATE: June 30, 2007
SUBJECT: Land Division Mid-Year Update
Corporate Goals:
To provide innovative and collaborative quality service.
Introduction:
At the end of 2006 Land Division had a deficit of approximately $2,000. This was due to
many factors, but most notably was a reduction of 15 applications from the previous year.
Staff presented a report to Council at the April 24, 2007 meeting outlining the revenues
and expenses for 2007 and possible solutions to have a surplus at the end of 2007. The
solutions focused on increasing fees to increase revenue due to the declining number of
applications.
The result of the County Council meeting was for staff to monitor the trends and finances
of the Land Division services and report the findings after the June 30 financial
reconci Iiation.
Discussion:
Staff have been requested to review the financial operations of the Land Division and
report those findings to County Council after mid year expenditures have been completed.
A review of the mid year accounting information was to determine if any adjustments are
required to permit a small positive variance for the land division. As of June 30 only 52
applications have been made to the land division (assume 104 for a full year). This is in
line with the 2006 statistics.
The financial information for mid-year variances are as follows:
Salaries and benefits
Operations
Revenue
$ 227
$ 4,435
$ (9,700)
$ (5,040)
Total
The deficit of $5,040 does not include additional fees: room leases, committee room costs,
postage, and photocopying described in detail below.
A review of the Land Division finances for 2006 revealed that the deficit is related to a
number of factors: a decrease in the number of applications in 2006 compared to recent
years; salaries and office expenditures for the department have risen over the past 6
years; increased remuneration to members of the Land Division Committee for attending a
duly called meeting of the Committee; increased investigation fees for each application
that the member investigates and the provision to obtain a Solicitor and/or Professional
Planner for consent appeals at Ontario Municipal Board hearings have caused additional
expenses to the County. These increases are not new to this year, however, with the
decrease in applications for 2006 resulting in over-expenditures a careful review of the fee
structure is necessary.
There are several areas to eliminate the negative variance. One area would be to reduce
the employee hours, another area would be to reduce the legal and professional
disbursements and finally to increase the application and stamping fees or implement a
combination of all these options.
Due to the reduced number of applications a reduction in the employees hours (one hour
per day) is reasonable and will reduce the expenditure by $2,700 (remaining portion of
2007). Staff suggest that County Council permit the department to adjust the employees
hours as demand either decreases or increases rather than requesting, by report each
time a change is required.
The second area to reduce costs is for the County Land Division Committee not to
challenge an OMB hearing. If this were to happen then a reduction in the legal and
professional disbursements can be warranted. However, such an action would not serve in
the public's best interest because the Committee's decisions are based on sound
knowledge of the local official plans and the provincial policy statement. If the general
public became aware of this action, decisions not granted would be challenged to the OMB
of which our decision would be overturned and therefore the best interests of the general
public would not be served.
The final area to increase revenue be an increase in fees of the application and stamping.
Appendix A lists selected municipalities from a provincial survey on committee of
adjustments and land division committees. The survey indicates that the fees the County
of Elgin charges are much lower than the surrounding municipalities. Also, this year the
fees will need to be increased for the room leases for secretary-treasurer ($2,500),
committee room meeting costs ($500), postage ($4,000) and photocopying ($3,000). A
total of $10,000 which was not included in previous accounting of that department.
Including the additional fees not charged would increase the fees by $100 each (assume
100 severance's) per year. The County's current fees are $700 ($500 for the application
and $200 for deed stamping) and have been in force since October 2001. If an increase is
accepted by County Council the rate should also be increased for inflation because the
fees would be used for several years until there is another deficit. Staff is suggesting that
the inflationary fee be $75 for applications and $50 for stamping. Therefore, the fee if
accepted by County Council would be $675 for the application and $250 for the stamping
of the deed. Increasing the Land Division fees would generate an additional $22,500 per
year, which offset the costs incurred.
For Council's information Appendix B lists the surplus or deficit for the last fives years and
also lists the number of applications.
Conclusion:
The fees charged for consents are on a user-pay basis, so that the applicants pay for
expenditures of the Land Division function. Fees have not increased since October of
2001 while the number of applications has decreased and operating costs have increased.
The services that are provided are to cover all costs but there are additional costs that
have never been included (i.e. office, postage, photocopying).
Land Division revenue is directly tied to the number of severance applications received
annually. The deficit experienced in 2006 was due to a lower number of applications as
compared to previous years. Staff has also surveyed other jurisdictions and has found
that Elgin County charges comparable lower fees. Therefore, staff will continue to monitor
application volume trends and fees and suggests that fees be reviewed every term of
Council so that a true cost recovery model is in place.
To eliminate the deficit staff are suggesting increasing the application fees to $675 and
the fees for stamping of the deed to $250. Additionally the employee hours would be
reduced because of the number of applications is declining.
Recommendation:
That the hours for the Secretary-Treasurer of the Land Division be adjusted (either to
decrease or increase), at the discretion of the Director of Engineering Services, to reflect
the number of applications; and also,
That the following rates be approved for the land division applications for consent and
validation of title,
Application fee $675
Stamping fee $250,
And that necessary by-law be prepared.
Respectfully Submitted
~~
Approved for Submission
Clayton Watters,
Director of Engineering Services
yf~.
J..,vMark McD Id
1) Chief Administrative Officer
Appendix A
Survey of Area Committee of Adjustment and Land Division Committee
Committee of Adjustment Fees
Municipality Population Fees Comments
Haldimand County 44,000 $600 Minor
$1,000 Maior
$100 Additional fee
Norfolk County 61,000 $848 $640 plus $208
(health fee)
$50 Certificate
City of St. Thomas 33,000 $300 Under review
Municipality of 6,200 $1,500
Southwest Oxford
Municipality of $1,000
Thames Centre
$200 Per additional
application
Township of 15,000 $1,000
Middlesex Centre
Land Division Committee Fees
Po ulation
105,000
Fees
$915
Comments
Appendix B
Annual Surplus or Deficit
Year Surplus or (Deficit) Number of Applications
2002 $34,924 123
2003 $24,421 148
2004 $33,537 151
2005 $15,603 123
2006 ($1,773) 107
REPORT TO COUNTY COUNCIL
FROM: Clayton Watters, Director of Engineering Services
DATE: June 29, 2007
SUBJECT: Curb and Gutter Practices
CORPORATE GOALS
To recognize and seize opportunities for improvement.
INTRODUCTION:
At the June 12, 2007 County Council meeting staff was to present a report on installation
and types on concrete curb and gutter on County of Elgin roads.
DISCUSSION:
Installation of concrete curbs has been ongoing on County roads for many decades. Their
use expanded, with the construction of the County road system since the 1960's.
Previously the concrete curb and gutter was limited to use in urban area's which was
manually placed. During the expansion and construction of the County road system from
the 50's to the early 80's most of the curb and gutter system was constructed using a
rather crude concrete forming machine that was manually powered by county employees.
Since then modern equipment has produced curb that is placed in a manner that produces
a product that will last for many decades.
Primarily curb and gutter systems facilitate the channelling of storm water thus preventing
the erosion of shoulders and slopes, preventing the migration of loose gravel from
entering the intersection and to provide traffic guidance and control. Therefore, curb and
gutter systems are used predominately in urban business areas, semi urban residential
areas and other specialized locations.
An urban business area is usually defined by two through lanes and two parking lanes,
although it could also be only two through lanes, with off street parking. The through
lanes permit the traffic travelling through the area and the parking lanes allow the public a
safe location to park their vehicles to shop in the local business area. These systems were
common up until the 1960's when the power centres became the norm. The power
centres are restricted on the number of entrances (usually two) so that the traffic could be
controlled in two distinct locations.
In urban areas, a barrier style curb is the common type installed. The barrier style curb
and gutter has a 6 inch height of the barrier component and does not easily permit the
movement of vehicles across its surface.
In the business areas the road cross section is as follows: 24 feet of road surface, 24 feet
of parking surface, 6 feet of curb and gutter and the remaining surface of 12 feet is used
for a pathway for the pedestrians (sidewalks). Those sidewalks are usually hard surface
such as concrete or bricks. Therefore the roadway, sidewalk and curb and gutter systems
consume almost the entire right of way of 66 feet, which does not allow for a ditch system
in an urban area. The barrier curb is used to separate the vehicular traffic from the
pedestrians to provide a safe margin of distance between the two.
A semi urban residential area would be defined as an area with a high density of houses,
an area with a reduced speed zone is a typical location, and the houses have a greater
setback than a business area, but still not sufficient to install a ditch system to transport
road water to a outlet. Therefore, semi-mountable curb is installed in this area. If the
distance was acceptable to install a ditch across these properties then the curb and gutter
would not be installed. This curb has a 3 inch barrier and does permit the movement of
vehicles across its surface, but it must be done at a relativity slow speed, such as 10 to 20
kmph to permit a safe passage.
The last area where a curb and gutter systems are located is at specialized areas. These
are normally at signalized intersections, for pedestrian safety, through valleys and at
intersections on high volume roadways. For signalized and pedestrian safety areas a
barrier style curb is placed. The barrier style curb restricts the movement of the vehicular
traffic across the curb. This means that the people or infrastructure are placed in a safe
location. At a signalized intersection the signals, pedestrians and controller masts need to
be protected. The infrastructure is expensive to install and maintain and if the service is
disrupted it would compromise personal safety and safety to the travelling public if the
infrastructure was incapacitated for any length of time. Roadside hazards may be
protected by barrier curb and the safe clear zone offset width may be reduced from 10
feet to 1 foot with the presence of a barrier curb in areas where the speed is 60 kmph or
below.
Also in specialized areas, drainage infrastructure for roads that traverse through a valley,
semi mountable type is being placed. An asphalt swale has been predominately used but
also concrete gutter systems could be used in the future. Since the original storm system
was installed in the ditch, a swale is required to transfer the water from the road way
swales to the ditch swales to the ditch storm system. This has caused issues for the
farming community as the roadway width is not sufficient for the modern farm equipment
to use only the 12 foot road. The present farm equipment requires the road surface and
shoulder in order to commute between working farms. In the next major reconstructions
on these roadways the storm system will be redesigned to have the storm system in line
with the edge of driving lane so that the swale will not be required and or paved shoulders
with an erosion system in the ditch lines.
And lastly on County roads with high volumes of traffic, greater than 10,000 AADT, curb
and gutter should be placed at all (urban, semi urban and rural) intersections to reduce
maintenance costs and reduce the potential for accidents of the maintenance employees.
At these rural intersections there are at least four options: install curb, place larger asphalt
apron, double surface treatment and finally install gravel. The most cost effective long
term solution that meets the needs of engineering staff is the installation of the curb and
gutter. In rural areas a barrier system is used at intersections. The industry standard is to
install the barrier curb at 0.5 meters from edge of the driving lane and the staff has been
installing it at 1.5 meters from the edge of the driving lane. Therefore staff has increased
the offset, due mainly to the increased size of equipment particularly farming equipment.
The curb radii are usually the same, 15 meters. This would safely be traversed at a speed
of 15 kmph.
In the urban section or business areas a barrier style curb and gutter would be installed.
In a semi urban sections without sufficient area to place a ditch system a semi mountable
curb would be installed. For the protection of critical infrastructure such as signalized
signals, a barrier curb would be installed. In a rural area where road water needs to be
channelized to eliminate erosion, a semi mountable curb, either concrete or asphalt, will
be installed. And at all intersections were traffic is above 10,000 in a rural setting a barrier
style curb is placed at a 1.5 meters offset from the edge of the pavement.
CONCLUSION:
The County has been installing curb and gutter system on County roads for almost a
century. The original systems were poured by hand, then progressed to a machine
(powered by day labour) and finally in the last two decades machines that are specifically
designed for the placement of many types of curb.
The types of curb and gutter that has been installed has been site specific rather than to a
County standard. This is due to many factors including but not limited to; transferring
surface water without erosion to the ditch, the elimination of gravel entering the roadway
and finally maintaining a consistent location for vehicles entering and exiting the main
roadway.
In summary barrier curb and gutter should be installed in areas for the protection of
infrastructure (signalized intersection infrastructure), public safety (urban business areas)
and at intersections with more than 10,000 AADT (maintenance employee safety). Semi-
mountable curbs should be installed in valleys or ravines which County roads traverse.
This permits the water to be collected from the roadway sooner so that erosion can be
eliminated. Also semi mountable curbs should be installed in semi urban areas were there
is insufficient area to place a ditch system.
In summary the standards for installation for curb and gutter systems should be that
systems should be installed: to facilitate the channelling of storm water thus preventing
the erosion of shoulders and slopes, preventing the migration of loose gravel from
entering the intersection, to provide traffic guidance and control, to increase pedestrian
safety and to protect infrastructure.
Also, the County of Elgin has and will continue to host public meeting for projects so that
the public and municipalities can comment on the road project. Specifically they can
comment on the location and types of curbs to be installed. Recently, for the Talbot Line
reconstruction in DuttonjDunwich, the Municipality of DuttonjDunwich requested that
semi mountable curbs be installed rather than barrier curbs, the request was reasonable
and the change was made. In other words if there is rational reasoning why another
solution should be completed then adhering to a specific policy should be suspended. For
the change required in DuttonjDunwich, the change was made during the design stage of
the project, with no impact to the construction progress.
RECOMMENDATION:
That County Council confirm the curb and gutter practice is as follows:
Barrier curb and gutter will be installed in areas for the protection of infrastructure
(signalized intersection infrastructure), public safety (urban business areas) and at
intersections with more than 10,000 AADT (maintenance and employee safety).
Semi-mountable curbs will be installed in valleys or ravines which County roads traverse
and in semi urban areas were there is insufficient area to place a ditch system.
Respectfully Submitted
Approved for Submission
(filiJ~~
Clayton Watters
Director, Engineering Services
\Jg~~
Mark Don
-r Chief dministrative Officer
REPORT TO COUNTY COUNCIL
FROM: Peter Dutchak, Manager of Road Infrastructure
DATE: July 9, 2007
SUBJECT: Talbot Line Reconstruction Project - Ditching Concern
CorDorate Goals
To ensure fiscal responsibility and accountability,
To build and maintain an efficient, affordable, effective and safe transportation network
that accommodates the diverse needs of the communities and is able to support economic
development and sustainable growth.
Introduction
Phase One of the Talbot Line Reconstruction Project has begun within the Municipality of
DuttonjDunwich. This 4 year project will rehabilitate 50 kilometers of Talbot Line between
Talbotville and ChathamjKent using Federal Gas Tax Funds.
The County has received a letter from an adjacent resident in DuttonjDunwich stating
concerns with how the road property in front of her home has been reconstructed.
Discussion:
Phase 1 of the Talbot Line Reconstruction Project through the Municipality of
DuttonjDunwich will complete all drainage and earthwork operations in preparation of the
road surface being rehabilitated in 2008. This year's operations include culverts, storm
sewers, curb and gutter, municipal drains, ditching and restoration.
A standard approach to all road projects is to install ditches or swales adjacent to the
roadway wherever possible. Roadside ditches are an important feature of the roadway
and perform the following functions: surface runoff from the roadway and adjacent lands,
snow storage and sub-surface drainage. Ditches and swales are also the most economical
method of providing these functions both to construct and maintain. The County attempts
to install ditch side slopes at a 3:1 grade for stability and to provide a maintainable slope
for adjacent residents who choose to maintain the County road property.
When existing infrastructure is present (i.e. gas mains, water lines, etc.) that makes it
impractical and too costly to construct a ditch, other solutions, including culvert pipes are
used.
In most cases, when an adjacent resident wishes to "fill in" and pipe a section of County
road ditch in front of their residence for esthetic purposes, the County provides a
mechanism for this to be completed. Through the County's permit process, a resident on
a County road can apply to pipe the ditch across their frontage at their cost. Because the
ditch and culvert reside on road property and are intended to serve roadway purposes, the
County reserves the right to alter its property at any time in the future as the County
deems fit.
The County solicitor has recently advised the County on a very similar matter on another
road project. The solicitor has reaffirmed the County's right to alter any existing feature
on County property at its sole discretion. Even when a permit is acquired and costs to
install a culvert are borne by an adjacent resident, the County has no obligation to replace
the same at any future time.
The County hosted a public information meeting, advertised locally and sent information to
all adjacent residents informing them of the County's intentions and schedule for the
project through DuttonjDunwich.
A resident at #31227 Talbot Line who attended the public meeting has requested that the
County replace a culvert pipe across her entire frontage as previously existed before
construction.
The original project design across the frontage of #31227 was to remove an old culvert
pipe across the property frontage, re-instate a road ditch and replace the driveway culvert.
During construction, an existing water service was located that interfered with reinstating
the ditch as originally proposed. Therefore, the new driveway culvert was installed for
28.5m to extend beyond the existing water service and a ditch was reinstated for 6m
beyond that.
Through correspondence, the resident has been informed of the County's rationale and
consistent approach. Also, as a courtesy, the County has offered to extend the driveway
culvert an additional 6m as she has requested through the County's construction contract
at her cost. Staff believes it would be a benefit to the landowner to pay the same unit
cost as the County does on this $1.7 million project, without the cost or time associated
with obtaining a permit and hiring a contractor.
The County's tender price to extend the culvert pipe for 6m is $92.38jm or $554.28. The
resident at #31227 believes this offer is unacceptable and wishes the County to fund the
cost of extending the pipe.
Conclusion:
Phase 1 of the Talbot Line Reconstruction Project through DuttonfDunwich is within
budget estimates and on schedule.
Staff held a public information meeting, advertised locally and corresponded with all
adjacent residents informing them of the projects operations and schedule.
One resident has requested to County Council that the existing culvert across her property
frontage be re-installed at the County's expense. After locating an existing water service
valve and extending the driveway culvert to beyond this point, 6m of open ditch remain
across the frontage of #31227.
As a courtesy, staff has offered to extend the driveway culvert the additional 6m at the
landowner's expense and at the County's construction price while waiving any associated
permit fees. This situation and approach are typical and consistent with other road
projects.
RECOMMENDATION:
That this report be received and filed.
RESPECT FULL Y SUBMITTED
APPROVED FOR SUBMISSION
(j()rJ~~
~it&16
Clayton Watters
Director of Engineering
r, Peter Dutchak
<W Manager of Road Infrastructure
yf~,~
It^' Mark Don
V Chief Administrative Officer
Barbara Robb
31227 Talbot Line
R.R. #3
lona Station ON
NOL 1PO
519-762-3205
July 5, 2007
County of Elgin
450 Sunset Dri'iTe
St. Thomas, Ontario
N5R 5Vl
Attention: ML Peter Dutchak, CET
Manager of Road Infrastructure
Dear Mr. Dutchak:
Re:TalbotLine Road Reconstruction Project
3J.227.Talb6t.Line
Iamin receipt of Your letter of June 28, 2007 and I find your
offer completely unacceptable.
You are correct that I did attend the public meeting, however,.I
disagree. that it wase:x:plainedto me that I was going to have an Open
ditch access the front of my lawn area.
lam not . aware of any other property owners who had the closed
pipe replaced by an open ditch.
In surnm.ation,all I want is to be treated like allot: the other
residents and have the pipe replaced as far as its o;r-iginal location
with no cost to me.
I would request that this letter be forwarded to County Council
for their consideration.
Yours truly
4~.t?~
RB:kc
Barbara Robb
cc: Clayton Watters
MayorJ3onnie Vowel
RE GEIVED . dUL 062007
PETER DUTCHAK. C.E.T.
Manager of Road Infrastructure
450 Sunset Drive
St Thomas, Ontario
N5R 5V1
Phone (519) 631~1460 ext. #4
Fax (519)631-4297
CLAYTON WATTERS, SA-Sc..P.Eng.
Director of Engineering Services
June 28, 2007
Barbara Robb
31277 Talbot Line
R.R. #3
lona Station, Ontario
NOL 1PO
Re: Talbot Line Reconstruction Project
Your letter dated June 26,2007 to Mark McDona.ld has been forwarded to me for a
response. . We . have reviewed. your . letter, outlining your .concerns regarding
construction activities In front of your residence at #31277 Talbot Line.
As you have stated, the County of Elgin hosted a PublIc Information Meeting and invited
aU adjacent residents of. Talbot Line in the Municipality of DuttonfDunwich to Inform
them of the upcomIng road project and . details. You attended this meeting and were
made aware of the plans to re-instate the road ditch on County propertyln front of your
residence, You .werealso informed that this .was. a. .consi.stent .approach and.. that the
County prefers ditches as compared to enclOsed pipe systems for various reasons (i.e,
sUrface/sub-surface drainage, snow storage, less cost),
During construction activities on the. roadway In front .of your residence, an existing
water service. was located within the proposed . area where the ditch.. was to bere-
instated. The. presence of the water service Hne.interfered with the County's plansto
re-instatethlssectionof ditch, therefore, a decision was made to extend the culvert
pipe under your driveway to the. location of the waterserv.ice lIne. It was originally
proposed to instal.la 15m culvert under your driveway and instead 285m was placed to
e.xtend to the existing water service. A ditch was re-instated beyond that location for
6m asoriginaUy planned, It is the County'sintention where roadside ditches are
constructed to shape them toa .3:1 side slope so that they .are. maintaInable,.. A
maintainable. ditch has. been constructed for this 6m length abutting your . property
frontage.
Re: Talbot Line Reconstruction Project
Once again this is a consistent approach the County employs. Other examples of this
solution.exist throughout this project where. existing utilities (i.e. . water Jines, gas line,
etc.) exist in the location where ditches are planned to be constructed. When these
existing utilities . conflict with ditch grading and are too difficult or costly to relocate,
these areas are piped.
You have indicated that a family member approximately 50 years ago paid to have a
pipe. installed and ditch filled on the road property in front of your home.. . Although
residents in the. past may have funded the cost to fill in ditches and pipe these sections
for their purposes, the County rese.rves the right to make. any changes on County
property in the future. Existing features .are not necessarily replaced and pipes do not
last indefinitely.
An option to extend the culvert pipe for the. remaining 6m across your. frontage. does
existand isoffered to all adjacent residents.. The County wiH accepta privately funded
extension of this pipe as was completed some 50 years ago. In addition, the County
offers to install the pipe on your behal.f and at the County's contract price of$92.38 per
meter of pipe. If you wish to accept this offer,the County will extend the existing pipe
anadditional6m once we receive. a. request from you in writing and a cheque in the
amount of$554.28 made out to the Corporation of the County of Elgin.
We thank you for your comments and patience during our project. Upon completion
the County of Elgin believes that Talbot Line . and the road property in front of your
home will be visually pleasing, maintainable and functional for road purposes.
Peter Dutchak, CET
Manager of Road Infrastructure
County of Elgin Engineering Services
Robb --31227 Talbot .Lin~.doc
cc. Mark McDonald, CAO/County of Elgin
MayorBonnie Vowel,FaxNo.519-762-6424
Barbara Robb
31227 Talbot Line
R.R.#3
lona Station ON
NOL 1PO
519-762-3205
June 26, 2007
County of Elgin
450 Sunset Drive
St. Thomas, Ontario
N5R5Vl
Attention: MarkMcDonald
Clerk--Aclministrator
Dear Mr. McDonald:
Re: Talbot. Line Road Reconstruction Project
I am writing this letter in. hope that you can help resolve . the
problem I have encountered regarding my property at 31227 Talbot
Line.
In the. 1950's my mother-in-law, who was the owner of my property
at the time , . paid .to . fill in the. ditch in front . of the house for
approximately 37 ..5 . metres . . Not only. did this enhance the look of the
property, it also made it safer to cut the lawn.
When the. plans fot the reconstruction of Talbot Line were
discussed with ..yourrepresentatives, T discovered . that . they \'lere
planning .to.. install. a new pipe under. thelanewayandconstr1;lcting an
open .ditch across. the front of my lawn. area. Since it appeared,... I
was one of the very few people ,if not,. the only one who was not
going to have the pipes replaced. in similar. areas your staff agree. to
extend the pipe as far as my water service but not to the original
length.
The pipe was installed ..andalthough .it ..was .afew feet. shorter
than the existing pipe,! was satisfied wi ththe wor k performed. The
following . morning, however,. the.. workers attended ... my ..property and
informed.me.that they had installed one too many. lengths of.pipeand
removed 6metres.of pipe and re-sloPed the ditGh area.
Tbis left me witb approximately one quarter of my original lawn
frontage replaced with an open ditcb.As this area has been left, it
is unsafe for me . to cut tbe grass on the roadway on eitber side of
the closed in portion. I am. respectfully requesting that I be
treated similar to the other residents who had pipes across a portion
of their property and the pipe be replaced to the original length and
furtber, that the remaining area be made safe to cut with a riding
lawnmower.
Yours truly
.~J~~t? ~-t/
RB:kc
Barbara Robb
cc: Clayton Watters
Mayor Bonnie Vowel
REPORT TO COUNTY COUNCIL
FROM:
Linda B. Veger, Director of Financial Services
DATE:
June 28, 2007
SUBJECT:
Assessment Review Board (ARB) Appeal
CORPORATE GOAL(S) REFERENCED:
To ensure fiscal responsibility and accountability.
INTRODUCTION:
A large property located in the Township of Southwold is appealing its
assessment. The property has a significant assessment and any reduction has a
negative effect not only on Southwold but also on all municipalities within the
County.
DISCUSSION:
Southwold has contacted Municipal Tax Equity Consultants (MTE) to conduct a
preliminary review of the stated issues and potential assessment losses and to
prepare a summary report of the findings. MTE will also prepare
recommendations to the Township.
Southwold has approached the County to assist in funding this review. The
County has assisted the Township once before by absorbing 50% of the cost of a
review. MTE has provided an estimate not to exceed $2000.
CONCLUSION:
The County funded 50% of a review in 2003. Staff recommends that the County
absorb 50% of this review.
RECOMMENDATION:
THAT the County fund 50% of the review by Municipal Tax Equity Consultants on
a large property located in the Township of Southwold; and,
THAT the County share of the review not exceed $1,000; and,
THAT the funds be drawn from the Mill Rate Stabilization Reserve.
Respectfully Submitted
Approved for Submission
c(~~
Linda B. veg'7
Director of Financial Services
~~( ~/
Mar . Mc aid
~ Chie Administrative Officer
REPORT TO COUNTY COUNCIL
FROM:
Linda B. Veger, Director of Financial Services
DATE:
June 19,2007
SUBJECT:
Budget Comparison - May 31, 2007
Corporate Goal Referenced:
To ensure fiscal responsibility and accountability.
Introduction:
Attached is the budget comparison to May 31,2007 for the County operating departments.
Discussion:
The departmental totals are reasonable for the fifth month of the year. Wage and benefit lines
continue to be very close to the budgeted amount. The benefit lines will improve as more staff
reach the maximums for Canada pension and employment insurance.
Corporate Expenditures - 22,740 - legal and professional fees higher than expected at
budget time.
Overall the three Homes are in a positive position. The increases in revenues have started
flowing in April. Terrace Lodge is somewhat over in the wage and benefit lines with several
outbreaks already this year.
Library - 189,392 - grants from 2006 and 2007. The Library is in the process of carefully
selecting expenditures for these grants.
Provincial Offences - 124,672 - revenues higher, showing the increase from 401 fines. The
first payment to the municipalities will be made in early July.
Ambulance Services - 83,784 - contractor payments lower than expected at budget time.
Theses lower payments lead to lower payments from the City of St. Thomas.
The capital budget comparison is also included for your review.
Recommendation:
THAT the report titled Budget Comparison - May 31, 2007 and dated June 19, 2007 be
received and filed.
Respectfully Submitted
~d~
Director of Financial Services
Approved for Submission
~~.~
Mar . Mc aid
-r Chie Administrative Officer
COUNTY OF ELGIN
Departmental Budget
Comparisons
For The 5 Periods Ending May 31, 2007
Total YTD YTD Variance %OF
Budget Budget Actual 0 Budget
Warden & Council
Wages 178,520 74,384 74,381 2
Benefits 8,000 3,333 3,055 279
Operations 72,000 34,742 33,865 877
Total 258,520 112,459 111,301 1,158 43.05%
Administrative Services
Wages 270,450 104,123 103,078 1,045
Benefits 59,500 22,908 26,384 (3,4 77)
Operations 15,600 6,500 9,227 (2,727)
Total 345,550 133,531 138,689 (5,158) 40.14%
Financial Services
Wages 305,968 119,817 119,989 (172)
Benefits 73,891 28,936 31 ,263 (2,327)
Operations 16,200 6,750 7,860 (1,110)
Total 396,059 155,503 159,112 (3,609) 40.17%
Human Resources
Wages 320,000 123,200 120,236 2,964
Benefits 85,200 33,364 29,283 4,081
Operations 16,800 7,000 8,688 (1,688)
Total 422,000 163,564 158,208 5,356 37.49%
Administration Building
Wages 180,000 69,300 68,083 1,217
Benefits 45,000 17,325 15,297 2,028
Operations 96,500 41 ,1 05 53,687 (12,582)
Total 321,500 127,730 137,067 (9,337) 42.63%
Corporate Expenditures
Insurance 263,500 241,402 225,617 15,785
Telephone 30,000 12,500 13,406 (906)
Legal & Professional 95,000 39,583 51,034 (11,451)
Retiree Benefits 25,000 10,417 7,676 2,741
Other Expenditures 87,990 36,663 20,092 16,571
Total 501,490 340,565 317,824 22,740 63.38%
Engineering
Wages 259,000 99,715 100,338 (623)
Benefits 59,000 22,715 26,074 (3,359)
Operations 80,100 33,375 21,669 11 ,706
Maintenance 2,586,850 1,295,925 1,289,922 6,003
Total 2,984,950 1,451,730 1,438,003 13,728 48.18%
Agriculture
Fees Revenue 0 0 (210) 210
Operations 32,953 8,338 7,462 877
Total 32,953 8,338 7,252 1,087 22.01 %
Elgin Manor
Revenues (4,585,470) (1,910,613) (1,910,439) (174)
Wages 4,106,768 1,581,106 1,609,067 (27,961)
Benefits 1,032,002 397,321 454,653 (57,333)
Operations 969,361 407,984 231,845 176,139
Total 1,522,661 475,798 385,126 90,671 25.29%
Terrace Lodge
Revenues (5,172,542) (2,155,226) (2,141,403) (13,823)
Wages 4,093,056 1,631,957 1,692,029 (60,073)
Benefits 1,166,521 465,108 484,751 (19,644)
Operations 982,404 413,710 378,451 35,260
Total 1,069,439 355,549 413,828 (58,280) 38.70%
Bobier Villa
Revenues (2,927,060) (1,219,608) (1,215,583) (4,025)
Wages 2,883,810 1,110,267 1,086,791 23,475
Benefits 723,980 278,732 264,236 14,497
Operations 718,602 302,334 241,342 60,993
Total 1,399,332 471,725 376,786 94,939 26.93%
Museum
Wages 84,681 32,729 22,437 10,292
Benefits 20,977 8,076 5,768 2,308
Operations 25,300 10,542 29,629 (19,088)
Total 130,958 51,347 57,834 (6,487) 44.16%
Library
Wages 1,108,648 427,304 437,458 (10,154)
Benefits 267,944 103,158 106,608 (3,449)
Collections 239,500 99,792 103,600 (3,809)
Operations 243,173 101,322 (105,482) 206,804
Total 1,859,265 731 ,577 542,184 189,392 29.16%
Archives
Wages 85,358 32,863 40,046 (7,183)
Benefits 22,193 8,544 10,852 (2,308)
Operations 51,800 21,583 13,259 8,325
Total 159,351 62,991 64,157 (1,166) 40.26%
Land Division
Wages 57,640 22,698 21,517 1,181
Benefits 9,610 3,717 4,447 (730)
Operations (67,250) (28,021 ) (25,908) (2,113)
Total 0 (1,606) 56 (1,661 ) 0.00%
Emergency Measures
Wages 5,300 2,041 2,041 0
Benefits 1,375 529 529 0
Operations 9,000 3,750 3,366 384
Total 15,675 6,320 5,936 384 37.87%
Information Technologies
Wages 197,525 76,047 78,250 (2,203)
Benefits 49,381 19,012 20,827 (1,815)
Operations 299,749 124,895 87,693 37,203
Total 546,655 219,954 186,770 33,185 34.17%
Provincial Offences
Grant (75,045) (31,269) (22,154) (9,115)
Fines Revenues (700,000) (291,667) (400,240) 108,574
Shared Revenues - Municipal 381 ,655 0 0 0
Wages 146,275 56,316 57,226 (910)
Benefits 32,200 12,397 14,964 (2,567)
Operations 185,975 68,656 39,966 28,691
Total (28,940) (185,566) (310,239) 124,672 1072.01%
Ambulance Services
Province of Ontario (3,097,692) (1,290,705) (1,305,303) 14,598
City of S1. Thomas (1,476,139) (615,058) (565,032) (50,026)
Contractor Payments 6,590,990 2,746,246 2,631,302 114,944
Wages 67,817 26,110 26,814 (704 )
Benefits 17,972 6,919 7,089 (170)
Operations 35,300 14,708 9,567 5,142
Total 2,138,248 888,220 804,436 83,784 37.62%
Collections
Revenue (305,000) (127,083) (112,260) (14,824)
Shared Revenues - Municipal 147,919 0 0 0
Wages 47,520 18,295 18,376 (80)
Benefits 12,545 4,830 5,089 (259)
Operations 34,300 14,292 7,252 7,039
Total (62,716) (89,667) (81,543) (8,124) 130.02%
Economic Development
Grants (90,000) (37,500) 0 (37,500)
Wages 106,390 39,080 38,464 616
Benefits 18,260 7,030 8,724 (1,694)
Operations 127,200 53,000 4,153 48,847
Total 161,850 61,610 51,342 10,268 31.72%
COUNTY OF ELGIN
Contract Status
As of June 19, 2007
Contract
2660-05-01
2660-05-03
2660-05-04
2660-05-05
2660-05-08
2660-06-04
2660-06-05
2660-06-06
2660-06-07
2660-06-08
2660-07-01
2660-07-02
2660-07-03
2660-07-04
2660-07-05
2660-07-06
2660-07-07
2660-07-08
2790-02-01
2800-01
2800-04-02
2830-04-01
2830-06-01
2840-01
5000-07-01
5780-06
5780-07-
5800-03-02
591 0-05-01
591 0-05-02
5910-05-03
5910-05-04
5910-06-02
5910-06-03
5910-07-01
5910-07-02
5910-07-03
5920-04-06
5920-05-01
5920-05-02
5920-05-06
5920-05-09
5920-05-13
5920-06-03
5920-06-04
5920-07-01
5920-07-02
5920-07-03
5920-07-04
5920-07-05
5920-07-06
5920-07-07
5920-07-08
5920-07-09
5930-03-01
5930-03-05
5930-06-02
5930-06-03
Garage
Heat Pump Replacements - Admin
Misc Professional Services - Admin
Office Improvements - Admin
Accessibility Upgrades - Admin
Renovation for HR - Admin
Office Equipment - Admin
Painting - Admin
Renovation for EDO - Admin
Committee Room #2 - Admin
Graham Scott Enns Office Renovations
Asbestos Report 2007 - Admin
Asbestos Report 2007 - Garage
Boiler Replacement - Garage
Miscellaneous - Garage
Washroom Modifications - Admin
Emergency Generator Control Panels - Admin
Corporate Display Board - Admin
Misc Emergency Repairs - Museum
Ambulance Replacement
Ambulance Equipment
Emergency Response Vehicle
Emergency Measures - Generator
Vehicle Replacement
Photocopiers
IT - Hardware
IT - Hardware
Library Accessibility
Door and Wall Protection - EM
Painting - EM
Nurse Call Upgrade - EM
Resident Security Improvements - EM
Sprinkler System - EM
Resident Outside Walkways - EM
Tuck Shop Flooring - EM
Asbestos Report 2007 - EM
Gazebo - EM
Magnetic Locks - TL
Air Handling Units - TL
Dining Lounge for Secured Residents - TL
Lighting in Visitor Parking - TL
Painting - TL
Resident Security Improvements - TL
Front Lobby - TL
Resident Room Lighting - TL
Furniture Replacement - TL
Asbestos Report 2007 - TL
HVAC Upgrade - Lobby Reception - TL
Inground Sprinkler System - TL
Miscellaneous Prof Fees - TL
New Fire Alarm Panel - TL
New Elevator - TL
Activation/Nurse Room Modifications - TL
Main Dining Rm Servery Improvements - TL
DoorlWall Protection - BV
Painting - BV
Nurse Station Refurbish - BV
Resident Security - BV
Proiect Budaet
$
89,316.71
80,000.00
45,000.00
75,000.00
220,000.00
165,000.00
10,000.00
10,000.00
20,000.00
20,000.00
45,000.00
15,000.00
15,000.00
26,666.68
10,000.00
130,000.00
30,000.00
25,000.00
4,000.00
571,518.88
114,070.00
55,000.00
5,000.00
56,600.00
25,000.00
120,000.00
71,908.00
100,000.00
20,000.00
40,000.00
90,000.00
15,000.00
30,000.00
80,000.00
10,000.00
15,000.00
20,000.00
15,000.00
220,000.00
41,400.00
40,000.00
60,000.00
40,000.00
75,000.00
55,000.00
10,000.00
15,000.00
80,000.00
10,000.00
15,000.00
85,000.00
250,000.00
30,000.00
20,000.00
30,000.00
60,000.00
45,000.00
50,000.00
ContractStatus
Actual Costs to
Date
Remainina Proiect
budaet
$
66,828.67
31,768.00
18,390.71
46,110.69
220,000.00
159,099.38
2,650.02
6,046.90
7,334.27
8,125.98
3,000.00
15,000.00
15,000.00
26,666.68
10,000.00
129,000.00
30,000.00
25,000.00
2,261.00
356,509.21
90,400.72
19,783.50
(1,828.43)
18,154.99
16,480.10
176.48
16,567.69
54,818.73
20,000.00
1,908.32
9,859.00
2,092.67
11,890.12
60,675.00
4,764.00
15,000.00
19,400.00
3,351.85
(7,572.24)
(8,135.49)
40,000.00
10,201.61
19,427.16
(12,884.28)
26,639.51
8,196.40
15,000.00
69,662.90
5,914.00
10,970.00
81,434.00
240,975.00
30,000.00
20,000.00
15,394.19
36,038.98
35,985.77
242.34
Page 1of2
COUNTY OF ELGIN
Contract Status
As of June 19, 2007
Actual Costs to Remainina Proiect
Contract Proiect Budaet Date budaet
5930-06-04 Beds - BV 225,000.00 156,994.08
5930-07-01 General Store - BV 23,800.00 23,303.21
5930-07-02 Asbestos Report 2007 - BV 10,000.00 10,000.00
5930-07-03 Misc Professional Fees 10,000.00 10,000.00
6000-01 Bridge Replacement 696,640.00 501,468.69
6090-04-02 Rail Road Crossing Improvements (PSTR - Rd 4 Signals Rd 48) 55,000.00 38,846.67
6090-05-02 Road 4 Sunset Road Rehabilitation - COMRIF 11493 4,400,331.60 276,819.03
6090-06-01 Misc Engineering Services (Rd 24 EA, Bridge Inspect) 100,000.00 13,961.84
6090-06-03 Avon Dr & Putnam Rd Sightline Improvements 20,000.00 17,376.00
6090-06-04 Miller Road Curb, Gutter and Drainage at School 80,000.00 79,890.91
6090-07-01 Glen Erie Line - Slope Failure 200,000.00 181,486.22
6090-07-02 Furnival Road Slope Repair 200,000.00 200,000.00
6090-07-03 Road Crack Sealing 188,000.00 188,000.00
6090-07-04 Miscellaneous Capital Projects 100,000.00 100,000.00
6090-07-05 Transportation Master Plan 25,000.00 23,717.20
6200-03-01 Road 7 Construction 1,600,000.00 58,301.97
6200-03-03 Road 42 Relocation 735,000.00 16,390.44
6200-06-02 John Wise Line Road Slope Repair 250,000.00 (5,346.06)
6200-06-03 Talbot Line Rehabilitation 2,995,484.11 2,617,453.85
6200-07-01 Road 18 OS Treatment - (119 to Southdel Dr) 200,000.00 200,000.00
6210-01 Land Purchase 455,000.00 55,231.94
6220-06-02 Road 18 Paved Shoulder at 401 Overpass 50,000.00 50,000.00
6220-06-05 Road 26 Resurfacing (25 to RR Tracks) 145,000.00 145,000.00
6220-07-01 Road 48 Resurfacing (Rd73 to Rd 47) plus edge repair 650,000.00 648,787.82
6240-07-01 Rd 8 Shoulder Graveling (401 to Thames R) plus Berm removal 130,000.00 123,502.80
6250-07-01 Road 45 Thin Cold Mix Overlay (Rd 4 to Rd 28) 72,000.00 72,000.00
6250-07-02 Road 40 Thin Cold Mix Overlay (Hwy 3 to Glencolin Line) 60,000.00 60,000.00
6250-07-03 Road 46 Thin Cold Mix Overlay (Hwy 3 to Best Line) 64,000.00 64,000.00
6250-07-04 Road 2 Thin Cold Mix Overlay (103 to West Lome) 126,000.00 126,000.00
6250-07-05 Road 6 Thin Cold Mix Overlay (Blacks Rd to 103) 72,000.00 72,000.00
6250-07-06 Road 52 Thin Cold Mix Overlay (74 to 73) 165,000.00 165,000.00
6250-07-07 Rd 8 Thin Cold Mix Overlay(Currie to 401 plus Bus Entrances) 270,000.00 270,000.00
6250-07-08 Rd 37 Thin Cold Mix Overlay (Avon to Oxford Line) 48,000.00 48,000.00
6250-07-09 Rd 55 Surface Treatment (Tunnel to Lakeshore) 60,000.00 60,000.00
6250-07-10 Sparta Line Thin Cold Mix Overlay 25,000.00 25,000.00
6260-07-01 Road Sign Replacements 25,000.00 25,000.00
6290-05-01 New Sarum Bridge - COMRIF 13840 525,000.00 475,900.03
6290-06-04 Beecroft Culvert Replacement Engineering 15,000.00 11,920.16
6290-06-05 Port Burwell/Jamestown Bridge Repairs 40,000.00 34,392.98
6290-06-06 Bridge Deck Condition Surveys 30,000.00 22,115.87
6290-07-01 King George Lift Bridge - Mechanical 100,000.00 80,694.31
6290-07-02 Graham Road Culvert Lining (42 S of Crinan Line) 50,000.00 46,773.62
6290-07-03 Black's Bridge - Rural Initiatives 1,500,000.00 1,496,469.95
6300-01 Municipal Drains 933,000.00 135,757.56
6330-06-01 Guide Rail 180,000.00 501.88
21,624,735.98 10,423,250.67 11,201,485.31
2800-04-01 Ambulance Bases
6030-05- Sewage Treatment Plant 20,541.00
20,541.00
ContractStatus
Page 2 of 2
REPORT TO COUNTY COUNCIL
FROM:
Brian Masschaele, Manager of Cultural Services
July 10th, 2007
DATE:
SUBJECT:
CAP Promoter I Website Developer position
CORPORATE GOAL(S) REFERENCED:
To promote cultural services;
To forge community partnerships
INTRODUCTION:
The Library wishes to hire a person on a one year contract to promote the
Community Access Program as well as develop a new look for the Library's
webpage. This report outlines the nature of the position and how it can be
funded.
DISCUSSION:
Staff have confirmed that the Library will once again be receiving grant funds
from Industry Canada under the Community Access Program (CAP). The Library
has been participating in this program since 1995 to promote Internet
accessibility. Approximately $22,000 ofthese funds for 2007-2008 are earmarked
under what is termed "sustainability". These funds allow for the purchase of
hardware, software and network upgrades and the provision of training on CAP
equipment. The Library's biggest need at the moment pertains to training and
promotion of the program. Staff are therefore proposing to use all of these funds
towards hiring an individual to promote the CAP program.
As Council is aware, the Library has also received approximately $26,000 under
the "ServiceOntario at the Libraries Initiative" for use in 2007-2008. Part of these
funds also allow for promotion of the site which is complimentary to the CAP
program. Staff are therefore proposing to use $3,000 of these funds towards
supporting the above position.
Council is furthermore aware that the library recently received $108,000 from the
Ontario Ministry of Culture to support library programming in general. Staff
propose to use part of these funds - approximately $17,000 - to support the
above position to further include re-design of the library's webpage and branch
websites. The library's current webpage was designed in 1999 and cannot
accommodate the full range of services the library now provides, specifically the
full functionality of the library's catalogue.
It should be noted as well that the ElginConnects portal will be relaunched in fall
2007. This position will also enable the library to promote use of the portal in all
branches.
These three sources of funding will enable the Library to hire a qualified
individual on a one year contract basis beginning in August 2007 under the
tentative position title of "Library Promotions Coordinator" to perform these much
needed tasks. No additional funds from the County are required to support this
position. The CAP and Service Ontario funds must be expended by March 31st,
2008 and will cover the portion of the contract to that point, while the Ministry of
Culture funds will cover the remaining portion through to August 2008.
Staff are confident that the $42,000 as outlined above, which includes 15 per
cent benefits in lieu, will provide a competitive wage to attract an individual with
the necessary skills to perform the tasks as outlined above. If approved, the
Department of Human Resources will proceed with a job description and posting
as soon as possible so that the position can begin in August 2007.
CONCLUSION:
The Library wishes to hire an individual on a one-year contract basis to promote
CAP and Service Ontario as well engage in the re-design the Library's
homepage. This report outlines the nature of the position and how it will be
funded.
RECOMMENDATION:
THAT the Department of Cultural Services proceed with a one year contract
position for the purposes of promoting the Community Access Program,
ServiceOntario and re-design of the Elgin County Library webpages;
AND THAT the position be funded from financial contributions received by the
Elgin County Library from the Community Access Program, "Service Ontario at
the Libraries Initiative" and the Ontario Ministry of Culture.
Respectfully Submitted
~~sc~
Manager of Library Services
Approved for Submission
REPORT TO COUNTY COUNCIL
FROM:
Cathy Bishop, Director of Cultural Services
July 10th, 2007
DATE:
SUBJECT:
West Lome Library re-opening
CORPORATE GOAL(S) REFERENCED:
To promote cultural services;
To forge community partnerships.
INTRODUCTION:
Re-construction of the West Lome Library is largely completed. This report
updates Council on the timeline for re-opening the branch in its permanent
location.
DISCUSSION:
The West Lome Library has been operating in a temporary location since the fire
that destroyed the branch and surrounding West Lome Community Complex in
February 2006. Re-construction of the library and complex is now all but
complete. The following is a timeline for re-opening the branch in its permanent
location:
. July 23rd - The temporary branch will be closed to the public and packing
will begin. Notices to this affect are being printed in local papers.
. July 31 st - The collection and equipment will be moved to the permanent
location. Installation of shelving and furniture will also begin.
. August 13th - The branch will re-open to the public in its permanent
location.
The lease on the temporary location will expire at the end of August and the new
lease with the Municipality of West Elgin will take affect August 13th. Council can
be assured that staff have been working very closely with the Municipality on
every phase of this project, including plans for re-opening.
The insurance claim for losses sustained in the fire is still in the final stages of
settlement but will likely be resolved by the end of August. This has been a
highly complex claim but staff are nevertheless satisfied that the County will
receive fair compensation for its losses which will cover costs associated with
opening the branch in its new location. Council can expect a final report on this
claim once it is settled.
The Municipality of West Elgin is planning to hold a grand opening of the
complex which will include the library in early September.
CONCLUSION:
The West Lome Library is ready to re-open at its penn anent location. This report
informs County Council about timelines in this process.
RECOMMENDA liON:
THAT this report be received and filed.
Respectfully Submitted
Approved for Submission
~~
~J athy Bishop
Director of Library Services
sd~., tJbr
~Mar . Mc aid
o Chief Administrative Officer
REPORT TO COUNTY COUNCIL
,
FROM: Harley J. Underhill
Director of Human Resources
DATE: July 24, 2007
SUBJECT: Code of Conduct Policy 2.90
CORPORATE GOAL(S) REFERENCED:
To be recognized as a desired employer.
To recognize and seize opportunities for improvement.
INTRODUCTION:
The Code of Ethics policy has been in existence for some years now and with recent
issues, arbitrations and the need for some housekeeping the policy has been reviewed
by staff.
DISCUSSION:
Issues have arisen in a number of departments that in the future should be avoided with
the recommended changes to the policy as attached. The main changes are in the title,
definition and conflict of interest areas plus a number of housekeeping items. With the
changes in the conflict of interest section of the policy we will no longer require policy
2.50 on the same subject and it should be repealed.
CONCLUSION:
Policy 2.90 Code of Conduct has been reviewed and amended as attached to this
report. The amendments make it clear to all county staff what is expected of them in a
clear and concise manner. With the changes made to the policy it would make policy
2.50 Conflict of Interest redundant and it should be repealed.
RECOMMENDATION:
That the amended Code of Conduct policy 2.90 be approved and the Conflict of Interest
policy 2.50 be repealed.
Respectfully Submitted
Approved for Submission
County of Elgin
Human Resources Policy Manual
Section: 2
Subject: Code of Delete Ethics
Conduct
Policy Number: 2.90
Code - A
Date Approved: Jan. 23/96
Page 1 of 11
Date Last Revision: Mar. 12/02
The County has undertaken the task of formulating a Code of Delete [Ethics]
Conduct (lithe Code") in order to both promote professionalism and to ensure
that the relationship of trust that exists between staff and the public remains an
integral part of local government in Ontario. Since its inception, local government
has been understood to be an open, accessible and accountable form of
government.
Delete [The purpose of this Code is to educate municipal employees about
standards of ethical conduct as they apply to municipal employees. A
code of Ethics embodies the basic principles of honesty, impartiality and
common sense and recognizes that a municipal employee has a
responsibility to uphold these principles.
The proper operation of a municipal go'.:ernment requires that employees
be independent, impartial, and responsible to the citizens; that their
positions not be used for personal gain and that the public ha'..e
confidence in the integrity of municipal employees.]
County of Elgin
Human Resources Policy Manual
Section: 2
Subject: Code of Delete Ethics
Conduct
Policy Number: 2.90
Code - A
Date Approved: Jan. 23/96
Page 2 of 11
Date Last Revision: Mar. 12/02
The purpose of a Code of Delete [Ethics} Conduct for municipal employees
is to foster a universal understanding of the fundamental rights, privileges
and obligations of a municipal public employee. A Code of Delete [Ethics}
Conduct recognizes that a municipal public servant has a responsibility to
uphold the basic principles of integrity, honesty, confidentiality,
impartiality and common sense as an integral part of their employment
relationship with the County. Moreover, they must support and promote
the interests of the County at all times and avoid placing themselves in
situations where their personal or other interests actually or potentially
conflict with the interests of the County. In instances where conflict
between personal/other and public interest arise, County employees must
forfeit any perceived right to protect a personal interest in favour of that
which is of most benefit to the public they serve.
The Code is intended for municipal employees as a guide to proper conduct.
However, it is not intended to be exhaustive or to address every conceivable
situation, which may arise. Therefore, if you have questions about the
application of the Code to a particular situation, please contact the Director of
Human Resources of the County of Elgin Delete [at (519) 631 1460 ext 125] for
clarification. As well, if you are unsure whether a course of action conflicts with
the Code, you Delete [should] must contact the Director of Human Resources
for guidance prior to commencing that course of action.
County of Elgin
Human Resources Policy Manual
Section: 2
Subject: Code of Delete Ethics
Conduct
Policy Number: 2.90
Code - A
Date Approved: Jan. 23/96
Page 3 of 11
Date Last Revision: Mar. 12/02
You should also contact the Chief Administrative Officer if you believe that your
situation warrants special consideration. The Chief Administrative Officer can
refer your situation to County Council for consideration. Any variation from the
standards of conduct set out in this Code must have prior written authorization
from County Council.
All County employees must comply with the Code. Supervisors are responsible
for ensuring that the Code is distributed to all employees under their supervision,
including new employees as they are hired. An employee who has reason to
believe that a breach of the Code has taken place should report the matter to his
or her immediate supervisor or, where necessary, directly to the County Chief
Administrative Officer.
Delete [Disciplinary action that may include termination may be taken
against employees ir\'ho perform their jobs in a manner that breaches the
conditions of contrary to this Code. Ho\\'ever, this disciplinary action is
subject to the normal procedures a'.railable for revie'l..ing disciplinary
action. For example, an employee covered by a collective agreement may
grieve a disciplinary measure taken under this policy.]
County of Elgin
Human Resources Policy Manual
Section: 2
Subject: Code of Delete Ethics
Conduct
Policy Number: 2.90
Code - A
Date Approved: Jan. 23/96
Page 4 of 11
Date Last Revision: Mar. 12/02
Delete [Private Interests] Conflict of Interest
All people have interests outside of the workplace. It is important for the integrity
of the County that its employees not use their position with the County to further
their own personal interests or to act in such a way that the public would perceive
the employee to be using his or her position to further a private interest. [or
place themselves in a situation which direct or indirect private interests or
personal considerations or other professional activities may effect an
employee's judgment in acting in the best interest of the County.]
Generally, no employee should accept employment or engage in a business [or
community agency board] that:
interferes with the performance of the employee's job with the County;
receives an advantage from the fact that the employee is employed by the
County;
is likely to influence or alter the employee's performance of his or her job.
In addition, when engaging in any outside employment, delete [Of] business [or
community agency board] , a County employee should ensure that it is made
clear that his or her involvement with the outside employment, delete[Of]
business or community agency board is strictly in a personal capacity, and not
on behalf of the county and must inform their director of such position.
County of Elgin
Human Resources Policy Manual
Section: 2
Subject: Code of Delete Ethics
Conduct
Policy Number: 2.90
Code - A
Date Approved: Jan. 23/96
Page 5 of 11
Date Last Revision: Mar. 12/02
In addition, Staff who hold positions as board members at community
agencies that deal with issues related to their work at the county should
inform their Director of their appointments. When issues arise that place
the employee in actual or potential conflict with County policies and
procedures, they must declare a conflict of interest and not participate in
any decision making on the issue in question.
Gifts, Favours and Services
A County employee shall not accept a gift, favour or service from any individual
'Or organization in the course of the performance of civic duties other than:
· normal hospitality among persons doing business;
· token exchanges as a part of protocol;
· normal presentations made to persons participating in public functions.
However, the recipients should not allow themselves to reach a position whereby
they might be or might reasonably be deemed by others to have been influenced
in making a business decision as a consequence of accepting such hospitality.
Employees shall not use the name "Corporation of the County of Elgin" to obtain
discounts for privately purchased goods or services and goods and services may
not be purchased through any municipal purchasing agency.
Employees shall not demand or receive a preferential treatment in the use of
municipal facilities or services unless doing so is a requirement of the employee's
job duties.
County of Elgin
Human Resources Policy Manual
Section: 2
Subject: Code of Delete Ethics
Conduct
Policy Number: 2.90
Code - A
Date Approved: Jan. 23/96
Page 6 of 11
Date Last Revision: Mar. 12/02
County Property
County property is owned by the Corporation of the County of Elgin to be used
for the benefit of the citizens of Elgin County. Because it is important that
employees of the County not use their positions for personal gain or act in a way
that the public could perceive the employee to be using his or her position for
personal gain, no employee shall use county property for purposes other than as
required by the employee's job duties unless otherwise approved by the
Department Head.
Every employee shall take reasonable precautions to prevent loss, damage or
excessive wear and tear to County property.
County Information
Just as it is important that an employee not use County property for personal
gain, an employee must also avoid using information gained through his or her
employment for personal gain.
In addition, some County employees come into possession of confidential or
sensitive information in the course of carrying out their duties about residents,
patrons, their families, Employees and the County. This information must not
be disclosed except where previously authorized by the employee's Department
Head or by County Council.
County of Elgin
Human Resources Policy Manual
Section: 2
Subject: Code of Delete Ethics
Conduct
Policy Number: 2.90
Code - A
Date Approved: Jan. 23/96
Page 7 of 11
Date Last Revision: Mar. 12/02
"Information" also includes information about systems or procedures for
performing any activity performed by the County and include reports prepared for
the use of the County. The release of information about County computer
systems requires the prior written approval of the delete [County Treasurer]
Director of Information Technologies or County Council.
Legislation applies to the release of information gathered by municipal
employees in the course of their duties. Information must be safeguarded or
released as required by this legislation. For further information on how the
Municipal freedom of information and privacy legislation affects County
employees, please contact Delete [the Chief Administrative Officer at (519)
631 1460 ext 105] Municipal Freedom of Information & Privacy Officer or
delegate.
Providing information to the media is the responsibility of the Department Head.
In larger departments, the Department Head may delegate this responsibility to
subordinates. No other County employee should be making statements or
granting interviews to the media about the County without prior written
authorization from the Department Head.
County of Elgin
Human Resources Policy Manual
Section: 2
Subject: Code of Delete Ethics
Conduct
Policy Number: 2.90
Code - A
Date Approved: Jan. 23/96
Page 8 of 11
Date Last Revision: Mar. 12/02
Criminal Code Offences
Certain criminal offences are of such a nature that committing them will be a
breach of the employment relationship and may result in suspension with or
without payor in termination.
For example, if an accountant employed by the County and entrusted with
County funds were to commit fraud and embezzlement, even in a situation
unrelated to his or her employment, the accountant's actions could lead the
County to the conclusion that the employee could not be trusted to continue in
his or her job with the County and appropriate action would be taken.
Relatives
County employees must not use their employment with the County for the benefit
of relatives. In particular, no county employee, without prior written permission
from County Council, shall grant any County business or order goods or services
of any kind from an immediate relative, or a business in which an immediate
relative or relatives owns more than ten percent of the business.
(An immediate relative includes a spouse, brother, sister, child or parent).
County of Elgin
Human Resources Policy Manual
Section: 2
Subject: Code of Delete Ethics
Conduct
Policy Number: 2.90
Code - A
Date Approved: Jan. 23/96
Page 9 of 11
Date Last Revision: Mar. 12/02
Political Activity
County employees may run for and serve in elected offices provided no conflict
of interest exists between the elected office and the employee's responsibilities to
the County. Of course if the employee intends to continue to be employed with
the County during his or her term of office, the employee must ensure that the
duties of the elected office, like any other outside activity, do not interfere with the
performance of his or her job duties.
Employees who require a leave of absence to run for elected office should raise
the matter with their Department Head, who will refer the matter to County
Council for a decision, taking into account whether a conflict of interest exists or
could reasonably be perceived, whether the duties of position is likely to interfere
with the performance of the employee's job and staffing requirements during the
time period for which leave has been requested.
Resolving Conflicts with the Code
Conflicts with the Code can be resolved in a variety of ways. Where an outside
financial interest is involved, it may be appropriate for the employee to divest him
or herself of the outside financial interest or to place it in a blind trust. In other
cases, a transfer to a different department or a leave of absence may be
sufficient to resolve a conflict.
Discipline and Discharge
Where an employee acts in a manner Delete [contrary to] that breaches the
conditions of the Code or refuses to comply with a method of resolving a
County of Elgin
Human Resources Policy Manual
Section: 2
Subject: Code of Delete Ethics
Conduct
Policy Number: 2.90
Code - A
Date Approved: Jan. 23/96
Page 10 of 11
Date Last Revision: Mar. 12/02
conflict with the Code, disciplinary action may be required. Disciplinary action
may include an oral or written warning, a suspension or termination, in
accordance with usual disciplinary procedures. Disciplinary measures may be
reviewed in the normal fashion, such as by a grievance in the case of disciplinary
action taken against an employee covered by a collective agreement.
Severability
The provisions of this Code shall be severable and if any provision, section or
word is determined to be invalid or unlawful, such determination shall not affect
or impair any of the remaining provisions, sections or words.
County of Elgin
Human Resources Policy Manual
Section: 2
Subject: Code of Delete Ethics
Conduct
Policy Number: 2.90
Code - A
Date Approved: Jan. 23/96
Page 11 of 11
Date Last Revision: Mar. 12/02
EMPLOYEE ACKNOWLEDGEMENT
The preceding Code of Delete [Ethics} Conduct has been explained
to me and I have received, read and understood the Code of Delete
[Ethics} Conduct for the Corporation of the County of Elgin.
-
Employee Name (please print)
-
Department (please print)
-
Signature of Employee
Date
REPORT TO COUNTY COUNCIL
FROM:
Amy Hoogsteen, Human Resources Co-ordinator
DATE:
July 17, 2007
SUBJECT:
Update to policy 8.230 - Safe Use and Care of Ladders
CORPORATE GOAL(S) REFERENCED:
1) To ensure fiscal responsibility and accountability
INTRODUCTION:
Following a recent review by the Engineering department it was suggested the
attached changes be made to the Safe Use and Care of Ladders Policy.
DISCUSSION:
Upon a review of the safe use and care of ladders policy currently in use
throughout the County the attached changes to the Human Resources policy
8.230 - Safe Use and Care of Ladders is proposed. The proposed policy change
will allow the County to effectively meet and/or exceed the Occupational Health
and Safety requirements while limiting costs in order to ensure ongoing fiscal
responsibility.
CONCLUSION:
The proposed changes to policy 8.230 - Safe Use and Care of Ladders as
attached exceeds the County's obligations under the Occupational Health and
Safety Act to ensure our employees our working in the safest manner possible.
RECOMMENDATION:
THAT County Council approve the attached changes to the Human Resources
policy 8.230 - Safe Use and Care of Ladders.
Approved for Submission
0J-'~
~ar . Mc aid
7F Chief Administrative Officer
County of Elgin
Section: 8
Human Resources Policy Manual
Subject: Safe Use and Care of
Ladders
Policy Number: 8.230
Code - A
Date Approved: Dec. 12/91
Page 1 of2
Date Last Revision:
PU~POSE:
To provide details of a procedure by which consistent positive protection can
be provided for employees using ladders.
PROCEDURE:
. Ladders constructed of conducting material (e.g. aluminium) shall not be used for work on
or near any electrical power source.
. Fibreglass ladders must be used for all maintenance work.
. Ladders used to gain access to a level shall extend at least three (3) feet above the level.
. Ladders shall be checked and any unsafe conditions must be corrected before use.
. Ladders found to be unsafe, and the unsafe condition cannot be corrected by the user, must
be taken out of service and tagged "Unsafe - Do Not Use", then either repaired or discarded,
with approval of the Supervisor.
. Wooden ladders shall not be painted or coated with any opaque material.
. All ladders shall have non-slip feet and be used on a firm footing and securely fastened if
possible.
County of Elgin
Section: 8
Human Resources Policy Manual
Subject: Safe Use and Care of
Ladders
Policy Number: 8.230
Code - A
Date Approved: Dec. 12/91
Page 2 of 2
Date Last Revision:
. The ladder shall be held in place by one or more persons while being used if it exceeds s9E
~ three (3) meters in length and is not securely fastened or if it is likely to be endangered
by traffic. When not securely fastened, the ladder shall be inclined so that the horizontal
distance from the top support to the foot of the ladder is at least one quarter (1/4) and not
more than one third (1/3) of the length of the ladder.
. Employees shall use a full body harness with adequate attachments or a safety belt if
the worker is exposed to any of the following hazards:
a) Falling more than three (3) metres.
b) Falling more than 1.2 metres, if the work area is used as a path for a
wheelbarrow or similar equipment.
c) Falling onto operating machinery.
d) Falling into water or another liquid.
e) Falling into or onto a hazardous substance or object.
f) Falling through an opening on a work surface.
WHEN USING A STEP LADDER:
a) The legs shall be fully extended and the spreader shall be in the locked position.
b) The top of the step ladder shall not be used as a step; and
c) The pail shelf shall not be used as a step.
REPORT TO COUNTY COUNCIL
FROM:
Amy Hoogsteen
Human Resources Coordinator
DATE: July 17, 2007
SUBJECT: New Policy - Confined Spaces
CORPORATE GOAL(S) REFERENCED:
4) To be recognized as a desired employer
8) To recognize and seize opportunities for improvement
INTRODUCTION:
In the ongoing efforts to ensure a safe and healthy workplace for all County of
Elgin staff, the Human Resources Department has determined the need for a
county policy regarding confined spaces.
DISCUSSION:
A written policy addressing confined spaces and providing guidelines for dealing
with confined spaces will allow all staff to operate in the safest and most
appropriate manner in regards to confined spaces located within the County. A
written policy also enforces the County's commitment to providing a safe and
healthy workplace for all staff.
CONCLUSION:
The proposed policy is a required addition to the Human Resources Policy
Manual. The policy will help ensure a consistent communication of the actions
required in regards to confined spaces located within the County facilities. The
policy will also assist in ensuring the County has met all legislative requirements
under the Occupational Health and Safety Act.
RECOMMENDATION:
THAT Council approve the addition of the attached policy to the Human
Resources Manual.
Respectfully Submitted
Approved for Submission
~~V-
Human Resources Coordinator
~~iJ~
ldvMark McD Id
'1 Chief Administrative Officer
County of Elgin
Section: 8
Human Resources Policy Manual
Subject: Confined Spaces
Policy Number: 8.360
Code - A Date Approved:
Page 1 of 1 Date Last Revision:
REFERENCE: Occupational Health & Safety Act, Confined Spaces - Regulation 632/05
Occupational Health & Safety Act, Health Care and Residential Facilities -
Regulation 67/93, Sections 43.1 to 43.19
The purpose of this Policy is to ensure that no County employee ever enters a
confined space, which is defined under the Occupational Health and Safety Act as a fully or
partially enclosed space, that is not both designed and constructed for continuous human
occupancy, and in which atmospheric hazards may occur because of its construction, location
or contents or because of work that is done in it.
A physical inspection and atmospheric testing was completed of all County facilities and
it was determined that the waste water pit at Bobier Villa is considered a confined space under the
Occupational Health and Safety Act. At no time shall a county employee ever enter this confined
space.
The County of Elgin has hired a contractor to perform annual inspections and
preventative maintenance repairs on all equipment located in confined spaces, therefore no
employee shall ever be required or permitted to enter the confined space. If maintenance repairs
need to be done in these areas, the Manager of Corporate Facilities will contact the contractor who
will perform the work in accordance with regulations.
The County of Elgin will post a warning sign at the entrance of any confined space to
ensure no unauthorized person enters the confined space at any time.
REPORT TO COUNTY COUNCIL
FROM: Larysa Andrusiak, Ambulance & Emergency Management Coordinator
DATE: June 10, 2007
SUBJECT: Ambulance Base Location Plan
CORPORATE GOAL'S) REFERENCED:
To recognize and seize opportunities for improvement.
To ensure fiscal responsibility and accountability.
To provide innovative and collaborative quality service.
INTRODUCTION:
In 2006, County Council directed staff to prepare an Ambulance Base Location for
Council's consideration in order to address ambulance base needs across the county.
DISCUSSION:
When considering the relocation of ambulance bases in the past, County Council has
made the decision to build and own the ambulance base property.
. September 23, 2003, Council Meeting, council made the decision to purchase land
and build two ambulance base facilities in St. Thomas.
. March 14, 2006, Council made the decision for staff to commence planning for the
eventual construction of a new ambulance base on county owned Terrace Lodge
property by 2008.
Avlmer Base:
In several council reports (dated March 6, 2006 and March 15, 2007), staff have
provided information on Aylmer Base call volumes and response times.
A final assessment was done using 2006 call data to confirm trends noted previously.
The total call volume for the Aylmer Base in 2006 was 1294 calls. The data showed that
of 791 Code 4 calls responded to by the Aylmer Base in 2006, 44% (349 calls occurred
in the Aylmer area; 20% (157) occurred in Malahide; 16.5% (131) in Bayham; 7.5% (59)
in Central Elgin and 12% (94) calls in other locations.
The average response time for 2006 Code 4 calls for the Aylmer Base was 8:37, with
the 90th percentile at 18:17, all inclusive.
The breakdown of average response time for 2006 Code 4 calls by muncipality was as
follows: Aylmer - 5 minutes, Malahide - 8 minutes, Central Elgin - 10 minutes, Bayham
- 14 minutes excluding Port Burwell and Vienna, Port Burwell - 20 minutes, Vienna -21
minutes.
The call data indicates that the optimum location for this base with regard to service and
response times is in or adjacent to the eastern most area of Aylmer (the area of greatest
call volume and population) which also allows easy access to the eastern most
geographic service area of Bayham.
It is expected that the proposed new base location at the Terrace Lodge property will
reduce response times to Bayham by approximately 2 minutes.
Dutton Base:
After Aylmer, the Dutton Base is thought by staff and Operator to be the next priority
requiring consideration. This is an old building, which was retrofitted to accommodate
an ambulance. Crew quarters are located at the back of the garage and accessed by
walking through the garage to the back. It currently has only one washroom to serve
both male and female staff, which is not to current standards. Parking space for staff is
problematic.
According to the municipal office, Dutton Dunwich has experienced an average of 20
new house permits annually. This is expected to increase over the next few years as
155 lots in a subdivision have been approved and will be built over the next several
years. As well, a Lions Club Home is expected to be built for seniors.
Census data from 1997 to 2007 indicates that the population has increased
approximately 2.4% from 3486 to 3574. There was a .8% population increase from
2006 to 2007. The municipal office commented that it appears the population is getting
younger with the influx of younger families.
The Dutton Base does the largest number of Code 8 Emergency Stand By calls of all
the bases. These calls involve movement to various geographic locations to maintain
strategic emergency coverage. They are usually precipitated by an ambulance being
dispatched and the need for movement by another ambulance to a geographic location
to cover off an area until the dispatched ambulance is free to return to its usual area of
coverage.
In 2006 the Dutton ambulance had 1,758 calls (405 Code 4; 105 Code 3; 19 Code 2; 43
Code 1; 1,186 Code 8). Analysis of 2006 call data indicate that the Dutton Ambulance
is dispatched 2:1 to the east of the county rather than the west. A greater number of
patient carrying calls originate out of the Dutton area. The analysis indicates that the
optimum location in terms of service and response times is to position an ambulance
base at the east end of Dutton in a location with quick access to the east or west.
It is noted that the county may have some land adjacent to Bobier Villa in Dutton which
is located at the westerly area of Dutton.
It is suggested that an estimated time frame for the relocation of the Dutton Base is
three years after the Aylmer Base is constructed, which would be 2011.
Rodnev Base:
An updated Official Plan is being developed for West Elgin. It is noted that the
population of West Lome is significantly greater than in Rodney. Historically, from 1976
to 1996, the population of West Lome has grown by 31% and the population of Rodney
by 12.5%. The 2000 Census indicated a population of 1022 for Rodney and 1412 for
West Lome, a 38% differential. The consultants working on West Elgin's Official Plan
are estimating that by 2026 at a growth rate of 1 %, the population of West Lome (2263)
would be 47% greater than Rodney (1540).
Looking at call data for the Rodney ambulance base, in 2005, using a sampling of
statistics from 4 months, it was found that 59% of the calls were to West Lome as
compared to calls in Rodney and other locations. In 2006, again 58% of calls were to
West Lome. These calls include Code 8 Stand By calls to maintain emergency
coverage when Dutton gets a call.
It is 8.4 km from Rodney to West Lome; Operators report an average response time of
7.89 minutes Rodney to West Lome.
The Rodney Base also does calls in Chatham- Kent as it may be the closest available
ambulance in the area. In 2006, 8.6% (141) of its calls were in Chatham- Kent.
In consideration of the above information, staff and Operator are recommending that the
West Elgin Ambulance Base be relocated to West Lome from Rodney. In view of
current call location data and future population projections for West Lome and Rodney,
it is felt that the relocation would best serve the future population of West Elgin. Moving
to West Lome would also likely reduce the calls into Chatham-Kent, maintaining
emergency coverage in our county.
In keeping with the projected time frame of approximately three years between proposed
ambulance base relocations, this would bring us to the year 2014 for relocation of this
base.
CONCLUSION:
Staff was directed to prepare an Ambulance Base Location Plan for Council's
consideration in order to address ambulance base needs across the county.
This report recommends that the Dutton Base be relocated to the east end of Dutton
with easy access to both the east and west, and that staff commence planning for this to
occur by 2011. It also recommends that the current Rodney Base be relocated to West
Lome with easy access to the west and east, and that staff commence planning for this
to occur by 2014;
The building cost of the Aylmer base is estimated to be approximately $465,000, based
on the cost of the Shaw Valley base and incorporating a 5% annual construction cost
increase. This funding is to come out of the financing line of the capital budget as
approved by Council. It is suggested that $179,000 (this does not include the cost of
any land purchase) for the three years following, 2009 through 2011, be set aside
toward the new Dutton base. The appropriate amount of funds to be set aside for the
following three year period can be determined after the Dutton Base is built to more
accurately reflect pricing levels at that time.
RECOMMENDATION:
That Council approve the Ambulance Base Location Plan as presented in this Report,
and
That Council direct staff to set aside funds for the relocation of the ambulance bases as
presented in this Report.
Respectfully Submitted
Approved for Submission
~~<- ~~
Larys AndrUSiak, Ambulance
& Emergency Mgt. Coordinator
~M~4/
U Chief Administrative Officer
REPORT TO COUNTY COUNCIL
FROM: Larysa Andrusiak, Ambulance & Emergency Management Coordinator
DATE: June 29,2007
SUBJECT: Update - Defibrillator Purchase
CORPORATE GOAL(S) REFERENCED:
To ensure fiscal responsibility and acountability.
To recognize and seize opportunities for improvement.
INTRODUCTION:
This report is in follow up to the report entitled "Defibrillator Purchase Process"
presented at the May 22, 2007 Council meeting and provides Council with an update
on the purchase of defibrillators for Elgin-St. Thomas EMS.
DISCUSSION:
ZOLL PROPOSAL ANALYSIS
The Region of Peel RFP price for 10 units would be $239,950 (excluding taxes and
cost for associated batteries, chargers, cables).
The Elgin County negotiated price for 10 units is $215,000. This represents a savings
of $24,950 over the Peel RFP price.
We received a trade in value for 8 Laerdal Defibrillators and 3 Simulators which was
credited at $13,800.
Therefore, the cost for 10 units less trade in is $201,200 (excluding taxes and cost
for associated batteries, chargers, cables).
Additional Savings:
$37,829 in value added items was negotiated, including:
-an additional defibrillator to be available for use when others are being
serviced ($21,500 value) and simulator ($1,150)
-15 Lithium Rechargeable batteries ($7 ,350 value)
- a years supply of various consumables such as defibrillator pads, electrodes,
defibrillator printer paper ($7,829 value).
- a five year defibrillator warranty is included.
- the cost of consumables is frozen for 5 years except for dramatic swings in
inflation and exchange rates.
The total negotiated proposal cost including batteries,
chargers, cables and other associated items is:
$237,148
(excluding taxes)
Plus value added items provided at no cost valued at:
$37,829
Defibrillator Stretcher Rack to be purchased: $829 x 10 = $8,290 (excluding taxes).
This purchase will be cost shared with the City of St. Thomas on a 60/40% basis.
The County portion will be taken from the Capital Ambulance Equipment account
($50,000) and the balance from the Mill Rate Stabilization Reserve as approved at
the May 22nd Council Meeting.
Update on Cardiac Care at Elqin-St. Thomas EMS
The new difibrillators were purchased with the ability to monitor and analyze 12 lead
electrocardiograms versus the 3 lead electrocardiograms that our previous machines
analyzed. It is anticipated that the Base Hospital will conduct training for paramedics
on 12 lead electrocardiograms early in the new year.
This advance in technology will allow Elgin-St. Thomas EMS to offer better cardiac
care for our patients. This will allow the service to participate in a STEMI (ST-
segment elevation myocardial infarction) Program at the London Health Sciences
Center in which 12 lead will allow the identification of patients with STEMI faster
leading to the patient reaching the cardiac catherization lab faster, so blockages in
the blood vessels can be opened with balloon angioplasty. The faster the blockage is
relieved, the less heart muscle is lost. Muscle loss corresponds with death rates and
disability.
12 lead electrocardiogram analysis will also allow the emergency room physician to
see a "picture" of the heart activity prior to paramedics dispensing Nitroglycerin as per
medical protocols. This is believed to result in better patient care. In the past,
symptoms may be alleviated by Nitroglycerin, the patient is seen in the Emergency
Department and the electrocardiogram taken there may not show any signs of
difficulty. The patient may be released and suffer a heart attack afterwards.
An additional benefit of seeing a 12 lead electrocardiogram of the heart when the
difficulty is experienced and prior to initiation of medications, is that it may lessen the
need for the physician to order a stress test to try to initiate a true picture of the heart
condition in the patient.
The machines are also equipped to electronically send ECG information when the
service and county are ready to move into an electronic Ambulance Call Reporting
system.
Staff anticipate bringing this forward to Council in the next two year period.
Technological strides are continually being made in the health care arena. Elgin-St.
Thomas EMS is excited and proud to be moving in this direction and in working to
improve patient care to our residents and visitors.
CONCLUSION:
The negotiated price per unit for the Zoll E Series Defibrillator less trade in value is
$20,120. This is $3,875 per unit less than the Peel Region RFP price per unit. The
total cost for the purchase of 10 defibrillators and associated items such as batteries,
chargers, and cables is $237,148. As well, a value added total of $37,829 for
additional items and consumables was negotiated.
The capability of these defibrillators to elicit 12 lead electrocardiograms will allow
Elgin-St. Thomas EMS to participate in the London Health Sciences Centre STEMI
Program and to help provide improved cardiac care to residents and visitors in Elgin
County.
RECOMMENDATION:
That this report entitled "Update -Defibrillator Purchase" be received and filed.
Respectfully Submitted
v\~c- a~Ju
Larysa ndruslak, Ambulance &
Emergency Management Coordinator
Approved for Submission
sJ~~
Mark . Mc aid
Chief Administrative Officer
REPORT TO COUNTY COUNCIL
FROM: Larysa Andrusiak, Ambulance & Emergency Management Coordinator
DATE: June 18, 2007
SUBJECT: Surplus Ambulance Vehicle
CORPORATE GOAL(S) REFERENCED:
To ensure fiscal responsibility and accountability
To forge community partnerships
INTRODUCTION:
The County has approved the purchase of a replacement ambulance vehicle
which is expected to be delivered shortly.
St. John Ambulance and the St. Thomas Police Service have expressed interest
in acquiring the surplus ambulance vehicle for use by their organizations
(correspondence attached).
This report is requesting consideration by Council for the disposition of the
surplus vehicle in light of the interest expressed by the two organizations above.
DISCUSSION:
The ambulance being replaced is a 1999 Ford diesel dual stretcher vehicle with
approximately 335,000 kilometers (7064 engine hours).
In obtaining a trade in value estimation, Demers Ambulance's Broker put a value
of $6,000 - $6,500 on this vehicle pending final mileage, assuming it was in good
condition.
In 2006, the surplus vehicles were made available for sale by sealed bid. A 1998
Ford Van-Type deisel ambulance vehicle with 187,400 km (4747 engine hours)
was sold for $8,155 and a 2000 Type 3 diesel ambulance vehicle with 164,381
kilometers (3638 engine hours) was sold for $15,100 both plus GST.
In municipalities dealing with community organizations, various scenarios occur
with regard to surplus vehicles. Some vehicle are sold for $1 to community
organizations, some charge 10% above the trade in value, some use auctions,
some use a sealed bid process.
St. John Ambulance is requesting that the County consider donating or charging
a minimal fee for the surplus ambulance in recognition of their non-profit status
and their service to the county in providing first aid coverage to numerous events
throughout the county, thus in their view allowing the County EMS service to
respond to true medical emergencies.
It is staff's recommendation that Council recover the estimated trade in amount
for the vehicle. The Purchasing Coordinator's suggestion is to put the vehicle on
the web based Auction site with a minimum bid of $6,000.
The ambulance vehicles are county owned and it is Council's decision how it
would like to deal with this surplus vehicle.
As an update regarding the newly purchased replacement vehicle, the purchase
price has been reduced to $95,127 from $99,312 (excluding taxes) due to
discount for 2006 chassis, a GM Fleet Account Number discount and a deduction
of the freight charges for allowing the vehicle to be shown at the National EMS
Chiefs conference in Winnipeg in late May (vehicle transported by train, not
driven).
CONCLUSION:
St. John Ambulance and the St. Thomas Police Service have expressed interest
in acquiring the surplus ambulance vehicle for use by their organizations.
It is staff's recommendation to at least recover the trade in amount for the surplus
vehicle and use the web based auction site, with a minimum bid of $6,000 for the
vehicle and to inform St. John's Ambulance and the St. Thomas Police Service
notice of such.
RECOMMENDATION:
That Council approve the dissolution of the surplus ambulance vehicle by web
based auction with a minimum bid of $6,000, and
That staff be directed to inform St. John's Ambulance and the St. Thomas Police
Service of the above.
Respectfully Submitted
Approved for Submission
~~ C1~~
Larys Andrusiak, Ambulance &
Emergency Management Coordinator
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JUN 2 8 2007
Justice Building
30 SL Catharine Street
StThomas, Ontario N5P 2V8
Telephone (519) 631-1224
Fax (519) 633-9028
www.stps.on.ca
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Address all correspondence to:
WilLIAM S. LYNCH
Chief of Police
June 27, 2007
County of Elgin
450 Sunset Drive
St. Thomas, Ontario
N5R 5V1
ATTENTION:
Lynn Acre, Warden
County of Elgin Council
SUBJECT:
Expression of Interest in Acquiring
Surplus Land Ambulance Unit 1241
The St. Thomas Police Service is interested in acquiring a surplus land
ambulance to convert into a forensic identification/mobile command unit. It is my
understanding that the Elgin St. Thomas Ambulance Service will be replacing
land ambulance unit 1241 in the near future.
Please consider this letter as our expression of interest in acquiring unit 1241
from the County of Elgin. Your consideration in this matter is appreciated. I look
forward to hearing from you regarding this matter.
Yours truly,
~.
B. Lynch
Chief of Police
Proudly Serving our Community Since 1852
June 21, 2007
Ms. Larysa Andrusiak
County of Elgin
450 Sunset Drive
St. Thomas, Ontario
N5R 5Vl
Re: Surplus Land Ambulance
Dear Ms. Larysa Andrusiak
It has come to the attention of the St. Thomas - Elgin Branch of St. John Ambulance that
the County is preparing to list one of their vehicles as a surplus unit.
For the past number of years the Branch has been operating two land Ambulances to
cover a variety of events within Elgin County. These events range from; school track and
field meets, skating carnivals, spring and fall fairs and special community events. Our
vehicles have also been used to assist with County, and Municipal Disaster Planning and
testing.
Our coverage of the above listed events not only aids in the safety of these events, but can
also relieve the County Ambulance service of having to respond to minor calls that can
be dealt with by our trained members, thus leaving the County Service available to
respond to true medical emergencies throughout the County.
The Brigade does not charge a fee for their services and must rely solely upon donations
to support our cause.
Since St. John Ambulance is a non-profit organization, our Branch would be very
appreciative if the County will consider donating or charging a minimal fee for the
surplus Ambulance, as we are getting very close to having to remove one of our two
vehicles from service due to repair expenses.
If further information is required please feel free to contact me at anytime.
Yours Truly,
Raymond Ormerod
Branch Chair
St. Thomas - Elgin
St. John Ambulance
(P) 519-673-9979
CORRESPONDENCE - JUt Y 24. 2007
Items for Consideration
1. United Counties of Stonnont, Dundas and Glengarry, with a resolution requesting the
Province separate the Farmland and Managed Forest component from the Ontario
Municipal Partnership Fund and establish a separate distinct Provincial funding program.
(ATTACHED)
2. City of Greater Sudbury, with a resolution endorsing Provincial Bill 150 and petitioning
Queen's Park to enact Bill 150 requesting the Ontario minimum wage be increased to
$10.00 per hour. (ATTACHED)
3. City of Owen Sound, with a resolution concerning the Provincial Government fulfil its
responsibility and pay for 100% of the Court Security costs for the Consolidated Courts.
(ATTACHED)
4. J.R. McLachlan, Clerk-Administrator, Municipality of Huron East, with a resolution
concerning the frustration of municipalities to meet timelines to have the municipal water
system up to provincial standards. (ATTACHED)
5. Kyle Kruger, Administrator, Municipality of Bayham, seeking a financial contribution
towards the feasibility and impact study regarding the Port Burwell Harbour Potential
International Ferry Service. (ATTACHED)
6. Beverley D. Wood, Clerk/Manager of Council Services, Norfolk County, with a
resolution requesting the Province of Ontario to implement Phase 2 of the Community
Transition Program - Rural Development. (ATTACHED)
United Counties of Stormont, Dundas and Glengarry
26 Pitt Street, Cornwall, Ontario, K6J 3P2
613-932-1515
info@sdgcounties.ca
RESOLUTION
MOVED BY Mayor Barkley
SECONDED BY Mayor Runnalls
RESOLUTION NO. 2007-88
DATE June 18.2007
WHEREAS the Farm Tax Rebate Program was previously fully financed by the Ministry of Agriculture,
Food and Rural Affairs of the Province of Ontario;
AND WHEREAS the Farm Tax Rebate Program is not a local public service but provides lower-cost foods
across the Province, as well as the economic benefit of Provincial exporting, and is truly an income-
redistributive program with Province-wide significance;
AND WHEREAS Rural areas do not have access to the lucrative commercial and industrial assessment and
are being further penalized by being forced to absorb the loss of 75% of the taxation revenue on their
farmland and managed forest properties;
AND WHEREAS the Ontario Municipal Partnership Fund (OMPF) provides some municipalities with a
fraction of their lost property taxation, leaving municipalities absorbing the majority of the cost of the farm
tax rebate program;
AND WHEREAS the lost revenue to the municipalities is being absorbed by all properties within the
individual municipality, increasing local tax rates and resulting in the local community (including farmlands
and managed forest properties) paying for their own farm tax rebate program;
AND WHEREAS the Province's battle with the Federal Government for proper financial arrangements was
highlighted by the phrase "It's time for fairness for all Canadians"; Rural Ontarians are asking for the same
fairness;
AND WHEREAS removing the Farmland and Managed Forest Component from the Ontario Municipal
Partnership Fund and establishing it as a separate program would be more appropriate since funding would
be fair, easily calculated and would not be impacted by other components of the current OMPF calculations;
and
THEREFORE BE IT RESOLVED that the Province of Ontario be requested to separate the Farmland and
Managed Forest component from the Ontario Municipal Partnership Fund; and, establish a separate and
distinct Provincial funding program with 100% reimbursement to municipalities oftheir annual lost property
tax revenue on farmland and managed forest properties.
AND FURTHER that this resolution be forwarded to the Minister of Finance, Minister of Agriculture, Food
and Rural Affairs, Minister of Municipal Affairs and Housing, local MPPs, Eastern Ontario Wardens'
Caucus, all Ontario municipalities and any other individual or association as deemed appropriate.
CARRIED
6i SudJJ~~r~ran~
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2007-184: WHEREAS on October 17, 2006, a private members bill (Bill 150) requesting the
Ontario minimum wage be increased to $10.00/hour was tabled in the Ontario Legislature;
AND WHEREAS Ontario has 15% of its population living below the poverty level;
AND WHEREAS Statistics Canada reports that close to 40% of people in Sudbury work in
private service jobs, and that at least 25% of all jobs in Sudbury are low-wage;
AND WHEREAS Citizens in the City of Greater Sudbury would be amongst the main
beneficiaries if Bill 150 is enacted as the number of people living below the poverty level would
be reduced if the minimum wage was increased to $10.00 and more residents could spend
more in local businesses boosting the local economy;
AND WHEREAS because small businesses must already competitively pay their employees to
retain them, a $10.00/hour minimum wage would not adversely affect the small business sector;
AND WHEREAS many local organizations are supporting Bill 150, including the Sudbury and
District Labour Council, The Social Planning Council of Sudbury, and The Sudbury Action
Centre for Youth;
THEREFORE BE IT RESOLVED THAT the Council of the City of Greater Sudbury, in the spirit
of social justice and in recognition of government's basic role to protect those citizens in our
society who are most vulnerable and in need, hereby endorses provincial Bill 150 and petitions
Queen's Park to enact Bi1l150. The Bill would raise the minimum wage to $10.00/hour
immediately and not by 2010 as outlined in the spring 2007 Ontario budget;
BE IT FURTHER RESOLVED THAT copies of this motion be forwarded to the Premier of
Ontario, the Minister of Labour, the Minister of Municipal Affairs & Housing, and to Sudbury area
Members of Provincial parliament;
AND THEREFORE BE IT FURTHER RESOLVED THAT this resolution be sent to the
Association of Municipalities of Ontario for distribution and support from all municipalities in
Ontario.
Corrie-Jo Caporale, Council Secretary
City of Greater Sudbury
Clerk's Office
PO Box 5000, Stn A
Sudbury, Ontario
P3A 5P3
705-674-4455, ext. 2471
FAX: 705-671-8118
corrieio. caporale@qreatersudburv.ca
City of Owen Sound
808 - 2nd Avenue East
Owen Sound, ON N4K 2H4
519-376-1440
mkoepke@e-owensound.com
July 10, 2007
"WHERAS Consolidated Court costs have put huge demands on local host
municipal Police Services to provide security and pay 1 00% of the costs,
and
WHEREAS the Consolidated Court is used by the entire surrounding
community and even by those further a field with its local municipal
taxpayers responsible for paying for security, and
WHEREAS a Consolidated Court could be used for a 'change of venue' trial
from outside their jurisdiction which would require the local municipal
taxpayer responsible to pay for security, and
WHEREAS the Province of Ontario is the only Canadian Province or
Territory not paying for Court Security, and
THEREFORE BE IT RESOLVED THAT the Provincial Government fulfill its
responsibility and pay for 100% of Court Security costs, and
THAT this resolution be forwarded to the Association of Municipalities of
Ontario for full distribution to all upper and lower tier municipalities, the
Ontario Association of Police Services Boards for distribution to all Police
Services Boards, the M.P.P., the Leader of the Opposition Party and the
Premier of Ontario seeking support of this issue."
MUNICIPALITY OF HURON EAST
PO Box 610,72 Main Street South, Seaforth Ontario NOK 1WO
Tel: 519-527-0160 Fax: 519-527-2561
www.huroneast.com
Jack McLachlan, Clerk-Administrator Brad Knight, Treasurer-Finance Manager
irmclachfan(ED.huroneast. com bkniqht@huroneast.com
June 11th, 2007.
Association of Municipalities of Ontario,
200 University Avenue, Suite 801,
Toronto, ON M5H 3C6
Dear Sir:
Council of the Municipality of Huron East passed the following resolution at their regular meeting
on June 5th, 2007.
Council of the Municipality of Huron East forward a letter to the Ministry of the Environment with a
copy to the local Member of Provincial Government outlining the frustration of the municipality to
meet time lines to have the municipal water system up to the provincial standards and the delays the
municipality receives in obtaining Ministry approvals in order to carry out amendments to the C of
A's or Permits to Take Water and circulate to all municipalities. MOTION CARRIED.
In the past, the municipality has applied for amendments to our Certificate of Approvals for the
water and sewer systems and received numerous delays of up to three months prior to receiving approval
to carry out the work. In addition, recently we requested permission to amend our Permit to Take Water
in order for the municipality to test a potential production well and conduct tests as to the quality of water.
Again, the municipality was advised that it could be up to three months prior to the Ministry granting us
the amendment to an existing Permit to Take Water. On the one hand, we are being requested by one
branch of the Ministry to have the water systems brought up to the Ministry standard, and then face delays
in receiving the approvals necessary.
As a result of our experiences Council of the Municipality of Huron East would be pleased if your
municipality would join with us and advise the Ministry and your local MPP of your concerns with the
present process and time delays in obtaining Certificates of Approval and Permits to Take Water. Your
support will be greatly appreciated.
Yours truly,
J. R. McLachlan,
Clerk-Administrator.
JRM:ja
c.c. Ministry of Environment
Carol Mitchell, M.P.P. Huron-Bruce
Municipality of
Bayham
RECEIVED
OJ) ~",-"
lIortunity Is ",/0
p.o. Box 160,9344 Plank Road,
Straffordville, Ontario NO] 1 YO
Tel: (519) 866-5521 · Fax: (519) 866-3884
email: bayham@bayham.on.ca
JUN 2 8 2001
COUNTY OF ELGIN
ADMINISTRATIVE SERVICES
June 22, 2007
Warden Lynn Acre
County of Elgin
450 Sunset Drive
St Thomas, ON
N5R 5Vl
Dear Warden Acre:
Re: Port Burwell Harbour - Potential International Ferry Service
As you may be aware, the Port Burwell Harbour, currently owned by Fisheries and
Oceans Canada, is within the Municipality of Bayham. Bayham Municipal Council has
been examining various options to redevelop the harbour in order to revitalize the Port
Burwell and area economy. Various studies, negotiations with Small Craft Harbours, and
local input have been pursued for a number of years to find such opportunities.
The Municipality has been approached by a potential ferry service provider and has been
pursuing the possible development of a commercial ferry service between Port Burwell
and Fairport Harbour Ohio for some time. Weare keenly interested in pursuing this
development, as we foresee substantial economic benefits for the whole region.
There is sincere interest in such a service at both the Provincial and Federal levels of
government. However, in order to seriously consider the substantial investment required
for such a project, both levels of government have expressed the need to see further study
of the projects feasibility.
Additionally, the Municipality of Bayham needs to fully determine the local and regional
impacts of the project including quality of life impacts (noise etc), impacts on required
services, and requirements for new or improved infrastructure (roads, utilities, etc).
The Municipality therefore has proceeded with a pre-proposal under the Rural Economic
Development Program for a Feasibility and Impact study, with the intention that these
questions can be addressed. It is the hope that the RED program will finance 50% of the
cost of this study, and the Federal Government will finance most of the remainder.
However, the RED program criteria includes provision that funding from provincial and
federal sources must not exceed 90% of the project costs. Therefore, as the applicant, the
Municipality of Bayham will need to finance the remaining 10%, which is estimated to
be $37,500.
The Municipality of Bayham therefore is seeking partnerships with the proponent and
with surrounding municipalities that may see the regional benefit of the project, as well
as of the potential impacts of its implementation.
Since the projected economic benefits for your Municipality appear to be significant, we
invite you to partner with us by making a financial contribution towards this Feasibility
and Impact Study. Working together as a region, we can introduce a new international
trade corridor and thereby launch southwestern Ontario into the global economy.
We look forward to working with you to see this study proceed. If you have any
questions or require anything further, please do not hesitate to contact me.
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JUl 1 6 2007
July 12,2007
Mr. Mark McDonald
Chief Administrative Officer
County of Elgin
Administration Building
450 Sunset Drive.
St. Thomas, ON N5R 5V1
Dear Mr. McDonald:
Re: Community Transition Proe:ram - Rural Development in Action
The Council of The Corporation of Norfolk County passed the following resolution
regarding the above-noted matter at its regular meeting on Tuesday, July 10,2007.
" THAT Norfolk County Council requests the Province of Ontario to implement
a Phase 2 of the Community Transition Program - Rural Development in
Action for Brant, Elgin, Norfolk and Oxford Counties. "
Norfolk County Council respectively requests that your Council endorse the above-noted
resolution.
Yours truly,
~~.{J{LI~
Beverley D. Wood, AMCT, CMC, CMMIII
Clerk/Manager of Council Services
Corporate Services
Governor Simcoe Square
P.O. Box 545
50 Colborne Street South, Simcoe, Ontario N3Y 4N5
519-426-5870 Fax: 519-426-8573
CORRESPONDENCE - JULY 24, 2007
Items for Information (Consent AQenda)
1 . Ministry of Municipal Affairs and Housing - Ontario Backgrounder, "2008 Rent
Increase Guideline. (ATTACHED)
2. Wes Armstrong, Manager Operations London/Sarnia, Union Gas, with a reminder of
the many solutions natural gas provides. (ATTACHED)
3. Ontario Good Roads Association - Heads UP Alert: 1) "Important Notice re:
OGRA/ROMA Combined Conference Housing" concerning the implementation of a
non-refundable cancellation fee being implemented at the Fairmont Royal York; 2)
OGRA Board Identifies Key Issues to be Raised During Upcoming Election.
(ATTACHED)
4. AMO Communication FYI: 1) AMO/LAS Moving Ahead with Closed Meetings
Investigator Program; 2) Feeling the Pinch, Toronto Star Editorial June 30, Doug
Reycraft, President, Association of Municipalities of Ontario, concerning uploading of
provincial costs from municipal budgets; (ATTACHED)
AMO Member Communication Alert: 1) Federal Government Announces
Negotiations Process to Conclude Agreements on the Building Canada Fund;
(ATTACHED)
AMO Report of the Secretary-Treasurer on Nominations to the 2007-2008 AMO Board
of Directors. (ATTACHED)
5. Announcing the 2007 Southwest Municipal Conference to be held on Friday,
November 9,2007 at the Best Western Lamplighter Inn, London. (ATTACHED)
6. Maria Konefal, Assistant to the City Clerk, City of St. Thomas, with a resolution
concerning the changes to the provision of tourism services in St. Thomas and Elgin
County. (ATTACHED)
7. Hon. John Gerretsen, Minister of Municipal Affairs and Housing, with a copy of the
newly released Municipal Performance Measurement Program Handbook. (handbook
available for viewing in Administrative Services)
8. Dennis Travale, Mayor, Norfolk County, with information concerning the transition
strategy for Norfolk, Elgin, Oxford and Brant with regards to the demise of the tobacco
industry and its economic impact and a proposal document for presentation to senior
levels of government. (ATTACHED).
9. P. Monteith, Executive Correspondence Officer, Office of the Prime Minister,
acknowledging receipt of Council's resolution concerning a tobacco exit strategy.
Backgrounder
Document d'information
~ Ontario
Ministry of
Municipal Affairs
and Housing
Ministere des
Affaires municipales
et du Logement
July 3, 2007
2008 RENT INCREASE GUIDELINE
The 2008 rent increase guideline is 1.4 per cent.
It applies to rent increases that occur in Ontario between January 1 and December 31, 2008.
The guideline is the maximum amount that a landlord can increase the rent of a tenant without obtaining the
approval of the Landlord and Tenant Board.
The guideline applies to most private residential rental accommodation covered by the Residential Tenancies
Act.
The rent increase guideline does not apply to:
. Vacant residential units
. Residential units first occupied on or after November 1, 1991
. Social housing units
. Nursing homes
. Commercial property.
Timing of Rent Increases
In most cases, the rent for a unit can be increased if at least 12 months have passed since a tenant first moved
in, or if at least 12 months have passed since the last rent increase.
A tenant must be given proper written notice of a rent increase at least 90 days before the rent increase takes
effect.
A landlord who wishes to increase the rent by an amount higher than the guideline must apply to the Landlord
and Tenant Board.
.. ./2
News Release
Communique
~ Ontario
Ministry of
Municipal Affairs
and Housing
Ministere des
Affaires municipales
et du Logement
For Immediate Release
July 3, 2007
ONTARIO RENT INCREASE GUIDELINE LOWEST IN HISTORY
2008 Guideline 1.4Per Cent
TORONTO - The rent increase guideline for the year 2008 will be 1.4 per cent, the lowest
guideline in the history of rent regulation in Ontario.
The 2008 guideline was calculated for the first time under the new Residential Tenancies Act,
and is based upon the Ontario Consumer Price Index.
"Our goal is to protect tenants from receiving a rent increase well above the rate of inflation,"
said Minister of Municipal Affairs and Housing John Gerretsen. "By linking the rent increase
guideline to the Ontario Consumer Price Index, we've ensured that landlords can recover the
increase in their costs, while tenants can still pay their rent."
The rent increase guideline is the maximum amount by which a landlord can increase the rent of
a tenant without seeking the approval ofthe Landlord and Tenant Board. Most tenants in
Ontario receive an annual rent increase that is at or below the amount ofthe guideline.
The first rent increase guideline was announced in 1975. Guidelines have been calculated each
year since, ranging between 1.5 per cent and 8 per cent. The new Residential Tenancies Act took
effect on January 31, 2007, creating a new system of rent regulation that includes linking the
annual rent increase guideline to the Ontario Consumer Price Index, a measure of inflation
calculated by Statistics Canada.
The 2008 guideline applies to a rent increase that occurs between January 1 and December 31,
2008.
- 30-
Contacts:
Patti Munce
Minister Gerretsen's Office
416585-6333
Kevin Sullivan
Housing Policy Branch
416 585-6541
Disponible enfran9ais
www.mah.gov.on.ca
-2-
Calculation of the Rent Increase Guideline
The 2008 guideline is the first guideline to be calculated under the new Residential Tenancies Act, which took
effect on January 31, 2007.
Under the new act, the guideline is calculated based upon the Ontario Consumer Price Index.
The Ontario Consumer Price Index is calculated monthly by Statistics Canada, and is regarded as a reliable and
objective measure of inflation, charting the change in the price of all goods and services in the provincial
economy.
The 2008 rent increase guideline was calculated by averaging the percentage increase in the Ontario Consumer
Price Index for each of the previous 12 months from June 2006 to May 2007.
107.5 108.2 107.7 107.5 107.6 108.2 107.9 108.8 109.1
cpr for 109.3 109.0 109.1 108.5 108.4 108.6 108.8 108.6 109.7 110.8 111.1 111.6 109.5
2006-07
Percentage 2.3 2.0 1.5 0.3 0.6 1.0 1.1 0.4 1.7 1.8 1.8 1.9
Increase
Past Rent Increase Guidelines
2007 2.6% 1996 2.8% 1985 6.0%
2006 2.1% 1995 2.9% 1984 6.0%
2005 1.5% 1994 3.2% 1983 6.0%
2004 2.9% 1993 4.9% 1982 6.0%
2003 2.9% 1992 6.0% 1981 6.0%
2002 3.9% 1991 5.4% 1980 6.0%
2001 2.9% 1990 4.6% 1979 6.0%
2000 2.6% 1989 4.6% 1978 6.0%
1999 3.0% 1988 4.7% 1977 8.0%
1998 3.0% 1987 5.2% 1976 8.0%
1997 2.8% 1986 4.0% 1975 8.0%
- 30-
Contact:
Kevin Sullivan
Housing Policy Branch
416 585-6541
Disponible enfran9ais
www.mah.gov.on.ca
Lnlongas
A Spectra Energy Company
June 18, 2007
.J
Mr. Mark McDonald
County of Elgin
450 Sunset Drive,
St.. Thomas, ON N5R 5Vl
Dear Mr. McDonald,
As we approach the summer season and together seek out ways to meet our energy
needs, improve our air quality and find ways to meet our Climate Change objectives,
we wanted to remind you of the many solutions natural gas provides.
Natural gas supply is abundant, affordable, cleaner burning, and safe. With an
extensive and existing infrastructure network that provides energy for over 3 million
Ontario homes and businesses, farms and factories province-wide, natural gas is a
resource we can all depend upon.
In the home, natural gas can heat space and water, cook our meals and dry our
clothes, while saving consumers money and reducing our electricity needs.
Commercial needs for cooling and dehumidification can readily be met by using
natural gas applications. Natural gas can be used to make electricity and heat to help
power the wheels of industry.
As communities across Ontario - both rural and urban - grow, natural gas serves as
a vital ingredient for local economic development.
Much cleaner than coal, and less than half the heating cost of other fuels, there are
many applications that make this versatile fuel a natural part of Ontario's
environmental and energy future.
Should you or your staff have any questions or require any further information,
please do not hesitate to contact me at 1-888-325-5587 ext. 109. You can be
assured of our co-operation and enthusiasm.
Sincerely,
Vvl() ~
Wes Armstrong, P.Eng.
Manager Operations
LondonjSarnia
P.O. Box 5353 Station A, 109 Commissioners Rd. W., London, ON, N6A 4Pl www.uniongas.com
Union Gas Limited
n:OGRA To: Bob Habkirk;Tom Marks;Mark G. McDonald;James A (15196337661}
20:30 06/21107GMT-5:00 Pg 01-01
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June 21,2007
Important Notice RIE: OGRA/ROMA Combined
Conference I-Iousing
A non-refundable cancellation fee is being implemented at the Fairmant
Royal York for conference room reservations beginning for the 2008
conference. This cancellation fee is in effect from the time of booking.
It has become necessary to impose a cancellation fee (in the amount of the per room deposit) in
order to:
II Maximize the number of rooms actually used by conference attendees at the Fairmont Royal
York Hotel
II Avoid contractual financial penalties levied against OGRA/ROMA due to the number of rooms
overbooked and subsequently cancelled at the Fairmont Royal York Hotel
Traditionally, when housing opens for the OGRA/ROMA Combined Conference many municipalities,
corporations and ministries initially book an excessive number of rooms, Many of these rooms are
subsequently cancelled as late as 72 hours prior to check-in with no financial penalty. This practice
has resulted in the Fairmont Royal York Hotel initially selling out followed by an unacceptable
number of cancellations which has resulted in unused rooms at the time of the conference.
In order to deter the practice of overbooking and later canceling rooms at the Fairmont Royal
York Hotel, a cancellation fee will be imposed for the 2008 conference. The fee is equal to
one night's accommodation plus applicable taxes (if a credit card is provided for the deposit)
or $210 (if a cheque is provided for the deposit). The fee will be charged on each room that is
cancelled subsequent to the initial booking. Substitutions are permitted and no fee will be
levied.
We hope that this will encourage people to book only those rooms that are actually needed. We
also hope that this policy will provide more attendees the opportunity to stay at the Fairmont Royal
York Hotel for the OGRA/ROMA Combined Conference. NOTE: Rooms will still be available at
ovenlow hotels and for these bookings, deposits will be refunded for cancellations up to 72 hours
prior to arrival.
For the 2008 conference.. housing will open Tuesday November 20th, 2007 at 9:00 a.m. If you
have any questions regarding the new cancellation policy, please contact Cathy Houston at
905-795-2555 or by em ail: ff!lbJr.r.@9.11!J!.:S!!J1..
ONTAR~O GOOD i:(OADS ASSOCIA T~ON
6355 KENNEDY ROAD, UNIT #2. MISSISSAUGA, ON L5T 2L5
TEL: (905) 795-2555 FAX: (905) 795-2660 EMAIL: info@ogra.org
PREMIER SPONSOR:
CI~IHMPIDH.,
CHAMPION ROAO MAI;HlNER\' SAlF.S
., ~ I M ~. .'," "'.":.', ,.."" ','.' _, . L'.' I",'
To: Mark G. McDonald;
Fm:OGRA
20:07 07/11/07 PG 001
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July 11, 2007
OGRA Board Identifies Key Issues to be Raised
durnng Upcomnng E~ectnon
OGRA has identified the following issues and questions that should be addressed by the candidates in
the provincinl election cnmpnign. These questions hnve also been sent to Premier McGuinty, John Tory
and Howmd Hnmpton for their response, which will be printed in the September, 2007 issue of
Milestones mngazine.
Sustainable funding for municipal tmnsportation infmstructure nnd the removal of PST, and other fees,
on municipal goods nnd services are nmong the important issues to municipnlities and we hope that they
will be fully discussed in the upcoming election campaign.
1, Please comment on what your government would provide by way of sustainable funding to
municipnlities for transportntion infmstructure. Specificnlly, will a government led by you allocate gns
tnx revenue to nil municipalities for use on infmstructure?
2. Would your government support removing PST from all municipal goods and services in line with the
current municipal exemption from the fedeml GST?
3. There are measures that could easily and immedintely be put into plnce to assist municipnlities by
reducing municipal costs. These include removing the fee for licence plating of municipal fleets and
allowing municipalities to use coloured diesel fuel. Would you support the introduction of these
measures? Are there ndditionaJ mensures thnt you would tnke to reduce municipal costs?
4. There is n need for a province-wide transportation stmtegy that identifies nnd integrC1tes both
provincial and municipal transportation needs. This plan would guide Ontario in meeting the
challenges of growth (and non-growth) and ensure that infrastructure is in place to support and
sustain economic development. Whnt priority would the development of such n plnn assume in your
government and what ndditionnl aspects would you include? Please comment on the links you see
between economic development and municipnl tmnsportntion infmstructure. How would your
government support municipalities where non-growth or de-population is occurring?
5. The greening of municipal fleets will go a long wny in assisting in the environmentnl sustainability of
municipnl public works opemtions. Whnt measures would your government introduce to support
municipal initiatives in green transportation?
We view the upcoming election ns a welcome opportunity to bring municipnl issues forward for
discussion. With a sustnined effort by OGRA and its members we mny be able to shape provincinl policy
for the betterment of Ontario's municipalities.
ONTARIO GOOD ROADS ASSOCIATION
6355 KENNEDY ROAD, UNIT #2. MISSISSAUGA, ON L5T 2L5
TEL: (905) 795-2555 FAX: (905) 795-2660 EMAIL: info@ogra.org
PREMIER SPONSOR:
CHRMPIUN,
CHAMPION ROAD MACHINER\' !;AR.F.!;
" ~ I. '.' .'," "'.':.' .' I" . , ',' M'.' , l',' I".'
200 University Ave, Suite 801
Toronto, ON M5H 3C6
Tel.: (416) 971-98561 Fax: (416) 971-6191
E-mail: amo@amo.on.ca
MEMBER COMMUNICATION
FYI NO: 07-012
Association of Municipalities of Ontario
To the attention of the Clerk and Council
July 9, 2007
FOR MORE INFORMATION CONTACT:
Jason Hagan, LAS Program Coordinator
(416) 971-9856 ext 320
AMO/LAS Moving Ahead with Closed Meetings Investigator Program
Municipal Act provisions regarding closed meeting investigations (Municipal Statute Law
Amendment Act, 2006) are scheduled to come into effect on January 1, 2008.
In an effort to help municipalities fulfill the requirements of the Act without relying on the Provincial
Ombudsman, AMO's Local Authority Services (LAS) conducted a survey of municipalities in
April/May 2007. The survey was intended to assess whether there was sufficient municipal
interest in an Investigator Program provided by LAS; the survey also sought to determine what
type of investigator service municipal governments might want.
The AMO/LAS survey received 165 responses from Ontario municipalities and the results were
very supportive of the development of an LAS Investigator Service. Of the survey responses,
almost 63% noted their desire to appoint an investigator to examine municipal complaints opposed
to relying on the Provincial Ombudsman. More than 82% identified that they would be interested in
an LAS-sponsored investigator service, and many indicated that their municipality would be willing
to sign a service agreement with LAS and pay an annual retainer fee to access the service.
Municipalities clearly indicated that it would be important for the LAS program to provide a sizeable
roster of competent investigators that have a strong knowledge of municipal government and are
appropriately trained to administer any investigation requested under the provisions of the Act.
Having considered the survey results, LAS is now working with an outside company to develop and
to establish an Investigator Service that will be made available to all interested municipalities.
Although the business case for this planned service is still under final development, it is known that
there will be a service agreement, a small annual retainer fee, and a daily billing rate for an
investigation into a complaint lodged with the municipality. The details surrounding the roster of
investigators are still being determined and AMO/LAS will ensure that the Investigator Service will
provide municipalities in the program with access to a pool of qualified investigators that are
familiar with particular regions of the province.
Program details including the process for signing up will be announced at the AMO Conference in
August. Material will be distributed to all municipalities that week for timely consideration in
anticipation of the January 1, 2008 effective date for the provisions related to closed meeting
investigations.
Should you have any questions about the scope and details of this new program please contact
Jason Hagan, LAS Program Coordinator, at the coordinates listed above.
This information is available in the Policy Issues section of the AMO website at www.amo.on.ca
and on the LAS website at www.!as.on.ca.
1-1
Association of .6-
Municipalities of Ontario .,A,
200 University Ave, Suite 801
Toronto, ON M5H 3C6
Tel.: (416) 971-98561 Fax: (416) 971-6191
E-mail: amo@amo.on.ca
MEMBER COMMUNICATION
FYI NO: 07-011
Association of Municipalities of Ontario
To the attention of the Clerk and Council
July 6, 2007
Feeling the Pinch
We want to share with you the following recent Letter to the Editor of The Toronto Star. As yet another step in our $3
billion gap campaign, an OP ED piece that has similar messages will be sent to other print media with the hope that they
will publish it. There is a lot of awareness building underway locally and AMO will continue its own efforts. If municipal
governments are to have strong vibrant communities, we must have the fiscal capacity. This is our number one priority.
Lift fiscal burden from city budget - Toronto Star Editorial, June 30
I want to echo the call by Toronto Mayor David Miller and the Toronto Star for the uploading of provincial costs from
municipal budgets. During the 1990s, more and more of the Ontario government's programs and service costs were
downloaded to municipalities.
Today, the full range of services that property taxes support would shock most property taxpayers. It includes the obvious,
such as roads and transit, water and waste-water treatment, fire and policing, and parks and recreation. However, it
includes many more services that some might not be aware of, such as welfare benefits, long-term care for seniors, public
health, child care and social housing.
Almost half of all property taxes go to provincial programs and responsibilities, such as education and disability benefits.
We pay $237 per person more in property taxes every year than other Canadians, while the province spends $258 less
per person than the rest of Canada on health and social-service programs. As a result, municipalities struggle to fund core
responsibilities, such as infrastructure investment, environmental protection and economic development.
If Ontario spent as much per capita as other provinces on health and social services, downloaded municipal costs for
these provincial programs would be reduced by about $3 billion a year.
While the Toronto media regularly report on their local budget squeeze, it is important to recognize that the same basic
funding relationships that tie Toronto's hands apply to all Ontario municipalities, and they often have devastating results
when applied to each municipality's unique circumstances.
Downloading did more than just balance the budgets of the federal and provincial governments by dumping huge costs
onto Toronto and other cities. It downloaded unsustainable costs onto the property-tax base of every municipality, large
and small, and every property taxpayer in Ontario.
Downloaded provincial costs are undermining the strength of Ontario's municipalities and the hundreds of communities we
serve. The answer is to reduce the unsustainable and unwise fiscal burden that provincial policy has placed on them, by
uploading health and social-service costs over a manageable period of time.
Doug Reycraft, President
Association of Municipalities of Ontario, Toronto
This information is available in the Policy Issues section of the AMO
website at Iffww.amo.on.ca
Association of
Municipalities of Ontario
1-1
200 University Ave, Suite 801
Toronto, ON M5H 3C6
Tel.: (416) 971-98561 Fax: (416) 971-6191
E-mail: amo@amo.on.ca
Association of Municipalities of Ontario
MEMBER COMMUNICATION
ALERT NO: 07/040
To the attention of the Clerk and Council
July 6, 2007
FOR MORE INFORMATION CONTACT:
Patricia Swerhone, Senior Policy Advisor
(416) 971-9856 ext 323
Federal Government Announces Negotiations Process to
Conclude Agreements on the Building Canada Fund
Issue: The Federal Government has announced its intention to meet with provinces/territories
and the municipal sector over the summer months to conclude agreements on the new funding
programs announced in the Federal Budget 2007, including the "Building Canada" infrastructure
plan.
Background:
The 2007 Federal Budget announced a new $8.8 billion Building Canada Fund to provide
infrastructure funding to provinces and territories, allocated on a multi-year, per capita basis.
Ontario's estimated share of this fund is $3.4 billion over seven years for both provincial and
municipal infrastructure investment.
The Building Canada Fund will focus on projects of "national importance", including projects for
cleaner air and water, modernizing infrastructure, and enhancing the quality of life for
communities. It will replace several existing federal programs, including the Municipal Rural
Infrastructure Fund (MRIF) and the Canada Strategic Infrastructure Fund (CSIF).
AMO has stressed to the Government of Canada the importance of ensuring that the amount
allocated for municipal infrastructure is clearly defined.
Discussions will soon be underway between the federal and provincial/territorial governments
and the municipal sector regarding determination of the parameters of this infrastructure
funding, including eligible project categories and how the funding will be allocated
AMO will ensure that municipal priorities are clearly and forcefully articulated in these
discussions. AMO will continue to support and advocate for a flexible national framework that
allows for sustainable and secure programs tailored to meet the needs of individual jurisdictions,
both provincial/territorial and municipal, based on an entitlement approach.
Action:
AMO has been successful in its efforts to secure municipal sector representation alongside
Infrastructure Canada and Ontario in the development of the parameters of the Building Canada
fund.
AMO will keep its members informed as progress is made regarding planning for this funding to
support predictable longer-term infrastructure funding for Ontario's municipal governments.
This information is available in the Policy Issues section of the AMO website at www.amo.on.ca.
1/1
Association of
Municipalities of Ontario
Report of the
Secretary- Treasurer
On Nominations to the
2007 - 2008
AMO Board of Directors
June 27, 2007
To: Member Municipalities
It is my pleasure to submit a copy of my report on the candidates standing for
election for the 2007-2008 AMO Board of Directors. Elections will be held on:
Tuesday, August 21, 2007
7:30 a.m. - 2:00 p.m.
Colonel By Room, Ottawa Congress Centre
All elected officials from member municipalities in good standing with the Association
are eligible to vote. Please note that voting delegates have until 4:00 p.m.
Friday, July 27, 2007 to identify or change their caucus. After this date,
absolutely no changes are permitted to the voting delegates list. This rule is
strictly enforced.
Summary:
Elections of representatives for a one-year term will be held for the following caucus
positions, subject to any withdrawals:
· County Caucus (3 elected officials)
. Large Urban Caucus (5 elected officials)
· Northern Caucus - Northeast (2 elected officials)
· Regional and Single-Tier Caucus (6 elected officials)
· Rural Caucus (4 elected officials, 1 staff official)
· Small Urban Caucus (4 elected officials)
The following caucus positions have been acclaimed:
· County Caucus (1 staff official)
· Large Urban Caucus (1 staff official)
· Northern Caucus (Northwest - 2 elected officials)
· Small Urban Caucus (1 staff official)
The President and Secretary-Treasurer positions are two-year terms, which will next
be open in August 2008.
Respectfully submitted,
Jim Wilson
Secretary-Treasurer, AMO
2007 NOMINATIONS TO THE BOARD OF DIRECTORS
FINAL LIST OF CANDIDATES
COUNTY CAUCUS
REQUIRED NOMINA TED
Appointed Officials 2 n/a
Elected Officials 3 4
Staff Officials 1 1
Appointed Officials:
J. Douglas Struthers
Jim Burns
Chair
Chair
Eastern Ontario Wardens' Caucus
Western Ontario Wardens' Caucus
Elected Officials Nominations:
Ellen Anderson
Susan Freeman
Carolyn Jamieson
Jim Vanden Hoek
Councillor, County of Grey
Councillor, County of Lanark
Deputy Warden, County of Lambton
Deputy Warden, County of Frontenac
Election Required
Election Required
Election Required
Election Required
Staff Officials Nominations:
Jim Pine
CAO, County of Hastings
Acclaimed
2007 AMO Nominations Report
Page 1
2007 NOMINATIONS TO THE BOARD OF DIRECTORS
FINAL LIST OF CANDIDATES
LARGE URBAN CAUCUS
REQUIRED NOMINA TED
Appointed Officials 1 n/a
Elected Officials 5 7
Staff Officials 1 1
Appointed Officials:
Hazel McCallion
Chair
Large Urban Mayors' Caucus of Ontario
Elected Officials Nominations:
D. Paul Ayotte
Leonore Foster
Dianne Freeman
Sandra Hames
Percy Hatfield
Lynn Peterson
Lou Turco
Mayor, City of Peterborough
Councillor, City of Kingston
Councillor, City of Waterloo
Councillor, City of Brampton
Councillor, City of Windsor
Mayor, City of Thunder Bay
Councillor, City of Sault Ste. Marie
Staff Officials Nominations:
Joe Pavelka
CAD, Municipality of Chatham-Kent
Election Required
Election Required
Election Required
Election Required
Election Required
Election Required
Election Required
Acclaimed
2007 AMO Nominations Report
Page 2
2007 NOMINATIONS TO THE BOARD OF DIRECTORS
FINAL LIST OF CANDIDATES
NORTHERN CAUCUS
REQUIRED NOMINA TED
Appointed Officials 2 n/a
Elected Officials 4 6
Appointed Officials:
Frank Gillis Chair
Anne Krassilowsky Chair
Federation of Northern Ontario Municipalities
Northwestern Ontario Municipal Association
AMO Bylaw No.1
Section 3.1 extract:
· four (4) shall be elected to the Northern Caucus (two (2) of whom shall be from
northeastern Ontario municipalities and two (2) of whom shall be from
northwestern Ontario municipalities)
Elected Officials Nominations:
Richard Adams Mayor, Town of Parry Sound (N.E.)
Mac Bain Councillor, City of North Bay (N.E.)
Michael"J J" Doody Councillor, City of Timmins (N.E.)
Austin Hunt Mayor, Township of Billings (N.E.)
Election Required
Election Required
Election Required
Election Required
Brian Larson
Michael Power
Councillor, Mun. of Red Lake (N.W.)
Mayor, Mun. of Greenstone (N.W.)
Acclaimed
Acclaimed
2007 AMO Nominations Report
Page 3
2007 NOMINATIONS TO THE BOARD OF DIRECTORS
FINAL LIST OF CANDIDATES
REGIONAL & SINGLE -TIER CAUCUS
REQUIRED NOMINA TED
Appointed Officials 1 n/a
Elected Officials 6 7
Appointed Officials:
Ken Seiling
Chair
Mayors and Regional Chairs of Ontario
Of Single Tier Cities and Regions
Elected Officials Nominations:
Michael Collins
Bill Fisch
Peter Hume
Marolyn Morrison
Russ Powers
Andre Rivest
Donna Villemaire
Councillor, Region of Niagara
Regional Chair, Region of York
Councillor, City of Ottawa
Councillor, Region of Peel
Councillor, City of Hamilton
Deputy Mayor, City of Greater Sudbury
Councillor, City of Kawartha Lakes
Election Required
Election Required
Election Required
Election Required
Election Required
Election Required
Election Required
2007 AMO Nominations Report
Page 4
2007 NOMINATIONS TO THE BOARD OF DIRECTORS
FINAL LIST OF CANDIDATES
RURAL CAUCUS
REQUIRED NOMINA TED
ADDointed Officials 1 n/a
Elected Officials 4 5
Staff Officials 1 2
Appointed Officials:
Chris White
Chair
Rural Ontario Municipal Association
Elected Officials Nominations:
William Davis
Eric Duncan
Ron Eddy
Eleanor Renaud
Allen Taylor
Deputy Reeve, Twp. of Dysart et al Election Required
Councillor, Twp. North Dundas Election Required
Mayor, County of Brant Election Required
Councillor, Twp. of Elizabethtown-Kitley
Election Required
Mayor, Twp. East Garafraxa Election Required
Staff Officials Nominations:
Mike Galloway
Tony Prevedel
CAO, Township of Pelee
CAO, Twp. Cavan-Monaghan
Election Required
Election Required
2007 AMO Nominations Report
Page 5
2007 NOMINATIONS TO THE BOARD OF DIRECTORS
FINAL LIST OF CANDIDATES
SMALL URBAN CAUCUS
REQUIRED NOMINA TED
Appointed Officials 1 n/a
Elected Officials 4 7
Staff Officials 1 1
Appointed Officials:
Gary McNamara
Chair
Ontario Small Urban Municipalities
Elected Officials Nominations:
Jim Collard
Councillor, Town of Niagara-on-the-Lake
Election Required
Election Required
Election Required
Election Required
Election Required
Election Required
Election Required
James M. Downer
Paul Grenier
Deborah Haswell
Bob Kilger
Stephen Molnar
Norman Sandberg
Mayor, Town of Midland
Councillor, City of Weiland
Councillor, City of Owen Sound
Mayor, City of Cornwall
Mayor, Town of Tilsonburg
Councillor, Town of Collingwood
Staff Official Position:
Mark Urbanski
CAO, Town of North Perth
Acclaimed
2007 AMO Nominations Report
Page 6
Page 1 of 1
Donna Butcher
From:
To:
Cc:
Subject:
Attachments:
Mark McDonald
Donna Butcher
Sent: Tue 10/07/20079:19 AM
Fw:2007 Southwest Municipal Conference
Fyi
-----Original Message-----
From: Cooper, Craig (MAH) <Craig.Cooper@ontario.ca>
Sent: Fri Jul 06 16:50:412007
Subject: 2007 Southwest Municipal Conference
The Ministry of Municipal Affairs and Housing, Municipal Services Office - Southwestern, in partnership with the
Association of Municipalities of Ontario, is pleased to announce that the "2007 Southwest Municipal
Conference" will be held on Friday, November the 9th, 2007, at the Bestwestern Lamplighter Inn, London,
Ontario.
Further details respecting registration and concurrent sessions will be forthcoming in future emails. Please
forward this information to any staff or council members you feel would be interested in attending.
Sincerely,
Craig W. Cooper
Ontario Ministry of Municipal Affairs and Housing
659 Exeter Rd., 2nd Floor
London, ON N6E 1L3
tel: 519-873-4769
toll-free: 1-800-265-4736
fax: 519-873-4018
<httJ2:/Jwww.nlah,gov.on.caLOnRAMP-SW > >
This message has been scanned by LastSpam <http://www.Jastspam,cQmlenL> e-mail security service.
Ce message a ete verifie par Ie service de securite pour courriels LastSpam. <bttp:iLwww,Jastspam,cQm/frL>
This email may contain confidential information. If you are not one of the intended recipients,
if you receive this email or if it is forwarded to you without the express authorization of
The County of Elgin, please destroy this email and contact us immediately.
https://mail.elgin-county.on.ca/ exchange/ dbutcher/lnbox/Fw:%202007%20Southwest%2... 10/0712007
Richard J. Beachey
Deputy City Clerk
ST. THOMAS
Office of the Clerk
P.O. Box 520, City Hall
S1. Thomas, ON N5P 3V7
Telephone: (519) 631-1680 Ex1.
4123
Fax: (519) 633-9019
Wendell Graves
City Clerk
THE CORPORATION OF THE CITY OF
545 Talbot Street. P.O Box 520. City Hall. S1. Thomas. Ontario N5P 3V7
June 22, 2007
F" E"!llt':\\/E-;'^~"
{~ ~r::' ~ \. ~ ~-
ilm.n f,'~m '" . 1"",,,"
Mr. Mark McDonald, CAO
County of Elgin
450 Sunset Drive
St. Thomas, Ontario
N5R 5Vl
JUN 2 62007
COUNTY OF ELGIN
ADM,NiSTR;\TlVE SERVICES
Re: St. Thomas El2in Tourist Association - County of El2in Proposal
Dear Mr. McDonald:
Please be advised that the Council of the Corporation of the City of St. Thomas passed
the following resolution:
"THAT: Report TR-29-07 be received for information; and further,
THAT: Council endorse, in principle, the County of Elgin proposal for changes to
the provision of Tourism Services in St. Thomas and Elgin County; and further,
THAT: Council approve the continuation of the traditional cost sharing formula
(60% County/40% City) for tourism services; it being noted that the amount of
the City's contribution will be subject to the annual budget approval process."
Should you have any questions, please contact Mr. W. Day, Director of Finance & City
Treasurer at 631-1680, extension 4101.
Sincerely,
/7rI~
Maria Konefal
Assistant to the City Clerk
eel Mr. W. Day, Director of Finance & City Treasurer
Mr. R. Wheeler, Manager, Economic Development Corporation
~
/J~~t-"
Minister of Municipal Affairs
and Housing
Ministre des Affaires municipales
et du Logement
777 Bay Street, 17th Floor
Toronto ON M5G 2E5
Tel. (416) 585-7000
Fax (416) 585-6470
www.mah.aov.on.ca
777, rue Bay, 17" etage
Toronto ON M5G 2E5
Tel. (416) 585-7000
Telec. (416) 585-6470
www.mah.aov.on.ca
RECEIVED
JUN 2 8 2007
COUNTY OF ELGIN
ADMlNiSTRA rIVE SERVICES
~
~
Ontario
June 20, 2007
To the Head of Council:
Attached for your reference is a copy of the newly released Municipal Performance Measurement
Program Handbook.
This corning October marks the seventh anniversary of the launch of the Municipal Performance
Measurement Program (MPMP) by the Ontario government. The program involves all
municipalities in collecting and publicly reporting on performance measurement results in
several major areas of service delivery.
Public accountability is critically important for responsible government. You can take pride in
knowing that Ontario's municipalities are among the leaders in North America for providing
clear and timely performance measurement information to their ratepayers. You have embraced
and improved MPMP as a tool for documenting the valuable services delivered to the public. I
congratulate you on your work.
Since the program's launch, staff at the Ministry of Municipal Affairs and Housing have been
working closely with municipal partners and experts to refine both the key elements of the
program and the specific performance measures. We have now reached the point where the core
components of the program reflect the good efforts of municipal staff to produce reliable data
and enlightening comparisons. In addition to improving municipal accountability to ratepayers,
the program is aiding in the identification of best practices in municipal service delivery.
A new section of the handbook outlines the capabilities of the Municipal Information & Data
Analysis System (MIDAS). The legitimate demand to provide greater access to municipal
financial and performance data, along with a desire to conduct better analysis using MPMP data,
was recognized by both the ministry and the Association of Municipalities of Ontario. MIDAS is
an exciting project to address this need and is sponsored by the "Strengthening our Partnerships"
Program funded by the Ministry of Finance. For further infOlmation about MIDAS, please
contact Ms. Nancy Plurnridge, Director of Administration and Business Development at the
Association of Municipalities of Ontario. Ms. Plurnridge can be contacted bye-mail at
nplurnridge@amo.on.ca or by telephone at 416-971-9856, extension 324.
/2
1322(06195)
- 2 -
Head of Council
In addition to MIDAS, the updated edition of the handbook includes all of the twelve core
service areas now covered by the'MPMP. As well, a new section describes the benefit oflinking
performance measures and budgeting.
I trust you will find the new handbook informative and useful.
Subscribe to UPDATE, the ministry's electronic newsletter, at www.ontario.ca/mah-update
Abonnez-vous a NOUVELLES, Ie bulletin electronique du ministere, a www.ontario.ca/aml-nouvelles
~~j;iiL~~dw.arH~~~JW~tt;~~p-~~;;:~
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June 25, 2007
1 ,.-!
John Tory
Leader, Official Opposition
Member, PC - Dufferin - Peel - Wellington - Grey
Legislative Bldg
Rm 381
Queen's Park
Toronto ON M7A1A8
Fax: 416-325-0491
Email: iohn.tory@pc.ola.orq
JUL 0 3 2007
COUr-Xf i Oi; ELGiN
t"OMIN1STI1J\ TIVE SERVICES
RE: TRANSITION STRATEGY FOR NORFOLK. ELGIN. OXFORD and BRANT
The Mayors and Wardens of the tobacco growing regions of Southwestern Ontario met
on January 23, 2007, and discussed the demise of this significant contributor to our
economy. As a result, we shared our understanding of the economic impact of tobacco
production, including the spin offs of success and the deep influences of decline.
Collectively, it was determined that the impacts of the demise of tobacco growing in the
tobacco growing regions of Southwestern Ontario can be measured as more than
15,500 jobs lost or at risk and $770 million in economic impact lost or at risk. The
Mayors and Wardens also discussed the sixth component of the proposal prepared by
the Ontario Flue-Cured Tobacco Growers' Marketing Board, which includes four key
points focussed on community economic development.
As a result of the discussion, the Mayors and Wardens met again on March 28, 2007,
and passed a resolution (see attached) supporting a tobacco exit and community
transition strategy, which was ratified by eight municipal councils in the weeks following
the meeting. Specifically, the Mayors and Wardens agreed to invite key decision-makers
from the federal and provincial government to meet, with the purpose of commencing
negotiations on the issues of a tobacco exit and community transition strategy.
Funding and action from senior levels of government is needed to address the following
points:
. Build community capacity by investing in infrastructure that allows for commercial
and industrial development, such as water, sewer and transportation
. Fund and aggressively pursue research into alternative crops, added value at the
farm gate and expanded markets for existing crops to maintain a viable agricultural
economy
. Investments in human capital, education, training and entrepreneurship
. Move the economic base of tobacco producing communities to non-traditional areas
of emphasis, such as commerce, industry and tourism
Office of the Mayor
Governor Simcoe Square
P.O. Box 545
50 Colborne Street South, Simcoe, Ontario N3Y 4N5
519-426-5870 Fax: 519-426-7633
www.norfolkcounty.on.ca
In May, we invited Finance Minister Greg Sorbara and Agriculture Minister Leona
Dombrowsky to meet with municipal representatives of the tobacco-growing regions of
Southwestern Ontario to discuss these four points. Along with myself, Tillsonburg Mayor
S,ephenMolnar,Bran, County Mayor Ron Eddy, Elgin County Warden Lynn Acre and
AYlmer Mayor Bob Habkirk were looking forward to meeting with the Ministers.
Attached are the responses from those we invited. As you can see, we were unable to
establish a date and location for the meeting.
~@ihavgpreparEldtbt7attached proposal document, which he had planned to share with
the Ministers.
I am personally extending an invitation to you to meet with this enthusiastic group of
municipal leaders at adate and location that works for your schedule.
Yours sincerely, on behalf of municipal leaders in the tobacco growing regions of
Southwestern Ontario,
Denn s
Mayor
Norfolk County
A TT: Resolution of March 28, 2007
Letter from Minister Dombrowsky
Proposals for Government Investment
CC: Toby Barrett, MPP, Haldimand-Norfolk
DT:CH:mr
PROPOSALS FOR GOVERNMENT INVESTMENT:
Addressing Economic Decline
in Tobacco Growing Counties of Southwestern Ontario
Prepared by:
Dennis Travale, Mayor, Norfolk County
Stephen Molnar, Mayor, Town of Tillsonburg, Oxford County
Bob Habkirk, Mayor, Town of Aylmer
Ron Eddy, Mayor, Brant County
Lynn Acre, Warden, Elgin County
Ii!
. ',in the affected area support the need
nvolves community economic
GOALS
To address the catastrophic impact of losing 15,
activity as a result ofthe demise oftobacco g~,'
Southwestern Ontario .
To review the proposal for investme
establish whether they are consistent
departments, and to link these local ide .
and federal level
SUPPORT
Ii!
al also links strategically with the requests of the
Ontario Flue-Cured Tobacco Growers' Marketing
Ii! MPs and
the affected a
interventions fro
e, of Parliament and Members of Provincial Parliament in
also actively supported and lobbied for responsible
oth senior levels of government.
PROPOSED TACTICS
1. Infrastructure Investments: There is a need to build the capacity for new and
expanded commercial and industrial development by investing in infrastructure
such as water, sewer, roads, utilities, and communications. Specific examples of
commitments could be:
1
o Specifically directed funding to build capacity at sewage treatment plants
and introduce new technologies to add capacity to water/sewer systems
and solid waster programs ($30 million), This investment will allow for
increased offsetting development in industry, commerce and home
building;
o Funding to widen and improve Highway 73 (Imperial Road), Highway 19,
Highway 59, Highway 24, Highway 6, and Highway 3 that provide vital
connection to the 400 series of highways and other important destinations
($25 million). This endeavour will further allow fo offsetting
development;
o Funding to expand broadband communic
Business in the area is at a disadvanta
communications infrastructure, Attr
requires this infrastructure is a cri '
business workload of those liv'
of reports, forms and making app
al areas ($3 million).
the broadband
siness that
ill ease the
'ne filing
o
o
site locations for area profile signage on
'gnage for new and existing travel
, -gate retail operations, and other
~;
wntown revitalization programs such fac;ade
a low-interest loans, brownfield remediation grants,
abil ation grants and low-interest loans, and funding for
mancing instruments so thatmunicipalities will not see
tax levies impacted ($10 million); and
o Fund for grants and low-interest loans to address the severe lack of
roofe tourist accommodation and conference facilities in the area,
including country inns, resorts, B&Bs, hotels, conference centres, meeting
facilities, and other hospitality infrastructure that will boost lucrative
overnight stays ($15 million),
2, Commodity and Market Adjustments: There is a need to invest in research into
alternative crops and expanded markets for existing crops to rebuild and sustain a
viable agricultural economy, and to avoid weakening existing, innovative
growers. The establishment and funding of $20 million over ten years for an
2
Agriculture & Agri-Food Innovation Centre would be a primary tactic to address
commodity and market adjustments. The objectives of the AAFIC would be:
0' To provide a roadmap for players in the Sand Plain agri-food value chain
to prepare for and respond to changing global, national and regional
market opportunities;
0' To bring together an integrated network of industry partners (e.g. the
communities, government experimental farms, universities and
community colleges )and creating a fertile enviro nt for innovation, to
achieve significant payback;
3.
0' To connect growers and value-adding pro
and international markets by aggressivel
of produce and products grown and
expanding the network of buyer c
adding processors; and
. h regional, national
e safety and value
, and
and value-
0'
tention programs that direct youth into
ip programs delivered from local
puses and link the developing industries in the
post-secondary programming in training
annuallyfor10year~;
ai businesses to train and/or certify existing staff or to
ional development events ($3 million annually for 10
0' Fund ng for local community college campuses and small business
enterprise centres to educate and coordinate entrepreneurship courses for
growers, both in transition and others ($1 million annually for 10 years).
4. Shifting the Economic Base: There is a need to invest in programs that visibly
shift the economic base of the tobacco-producing communities to non-traditional
areas of emphasis, such as energy production, value-added agri-food processing,
hospitality/tourism, and competitive manufacturing. Specific examples of
commitments could be:
3
o Assistance, support and funding to explore nuclear power generation at the
Nanticoke OPG Station ($1 million);
o Assistance, support and funding to explore alternative energy options for
the public utility grid, such as ethanol, solid waste gasification, solar and
wind ($1 million);
o Funding for on-farm value-added capital investments similar to
community improvement plan incentives available commercial
businesses in downtown cores ($10 million);
o Job-creation grants and low-interest loans
address gaps within the tourism indust
and capital investments in fishing c
nature guides, heritage progr .
hospitality industry. These inc
work transition programs at local
institutions. ($10 million);
usiness in order to
ed for employees
birding and
and the
ool-to-
o
ns to attract target
ve targeted advertising
ollateral costs, media and
o
ufacturing jobs to rural areas consistent
f target sectors ($5 million); and
mg government offices (federal training
e, data processing centre, call centre, or complete
of the Ministry of Agriculture) from large urban
1 are to vacant properties such as soon-to-be-abandoned
. es, t e Delhi Auction Exchange, etc. ($5 million).
1. Federal and incial Government representatives to agree to meet with
Counties' representatives in June 2007 to negotiate support for the tactics
outlined;
2. All parties to execute a Memorandum of Understanding by July 2007; and
3. Priority tactics to be funded starting in September 2007
CONTACT: Dennis Travale, Mayor, Norfolk County
Phone: (519) 426-5870 ext 1220
Email: dennis.travale@norfolkcounty.ca
4
Resolution - Final Version - March 28, 2007
Moved by Bob Habkirk
Seconded by Don Doan
WHEREAS the communities within the tobacco growing regions of Southwestern
Ontario have met and discussed the issue of the demise of the tobacco industry and the
impact on their economies;
AND WHEREAS the municipalities issued a unanimous resolution (see attached) to the
federal and provincial governments in support of an exit strategy similar in principle and
objectives of the program introduced by the Ontario Flue-Cured Tobacco Growing
Marketing Board;
AND WHEREAS the municipalities recommended implementation of such a program by
March 1,2007;
AND WHEREAS the federal and provincial governments did not act upon the message
from the municipalities, and did not address the needs of the communities within the
tobacco growing regions of Southwestern Ontario in their budgets relative to a tobacco
exit strategy or community transition funding for economic renewal;
AND WHEREAS the impacts of the demise oftobacco growing in the tobacco growing
regions of Southwestern Ontario can be measured as more than 15,500 jobs lost or at risk
and $770 million in economic impact lost or at risk;
AND WHEREAS the impact goes beyond the tobacco grower and has significant spin-
off effects on the economic, social and mental wellbeing of the community;
AND WHEREAS options and suggestions have been proposed to help in the transition,
including an Agri-Food Innovation Centre, proposals for alternative energies and fuels,
and other initiatives;
AND WHEREAS illegal activity in the tobacco trade will continue to grow, intensifying
its negative impact on the health and security of residents of Canada;
AND THEREFORE BE IT RESOLVED THAT the Mayors and Wardens of the
communities within the tobacco growing regions of Southwestern Ontario invite key
decision-makers from the federal and provincial government, and the tobacco growing
industry to join us at a meeting prior to June 1,2007, with the purpose of commencing
negotiations on the issues of tobacco exit and community transition strategy.
Carried Unanimously
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Ministry of Agriculture,
F.ood and Rural Affairs
Minlstere de l'Agrlculture,
de I' Alimentation at
des Affalres rurales
.
OntariO
.r ..,'...' ,
Bureau de la ministre
77, rue Grenville, 11. etage
Toronto (Ontario) M5S 1 B3
nl.: 416326-3074
Telae.: 416326-3083
RECEIVE,I)
,. O'ffice.of the Minister
77 Grenvllle Street, 11'" Floor
" Toronto, Ontario M5S 183
. TEll: .{41pj ;3~6.3074
,," fax:': (416) 326-3083 .
. .
.., . MAY..1:6 2007
'.' '
.Beverleyp, Wood, AMCT, CMC, CMMIII
'. " " Clerk/Manager of Council SerVices
N<;)rfolk County
'.50 'Colbome Street South
, .Si1;ncoe, Ontario
. N3Y 4N5
, MAV. "1.. 4 ~2007
. NORFOLK COUNTY
\ ' . .
:' '.pearBeverley Wood:
: .......:::..'Thankyou for your letter of April 16, 2007, forwarding a copy of the Norfolk County
'. '.;' . :..:.... COllilqil's resolution with. regard to a tobacco exit plan for tobacco growers. I appreciate "
:- . : ':yqur Invitation to m~et to discuss this matter; however, my schedule is quite.committed '
between now and June 1, 2007.
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,', . "As you know, the Ontario Flue-Cured Tobacco Growers' Marke:ting Board is in'
,',discussions with the feder.al govetnmentwith regard to this matter. I have written to the
. '.lIonOl.itable Chuck Strahl, Minister of Agriculture. and Agri-Food, to~xpres~ my ,
, ,willingness to discuss an industry solution, with him and industry reptesentatiyes. I can
; . 'as.sti~e you that Ontario will be an active' participant in federal1y--Ied talks to. find a
. long-term solution for the tobacco grow~rs.
'. Thank' you, op.ce again, for bringing Norfol~ County COllncil's views to my'attention.
Sincerely,
!~iJ~+
'. ,Leona Dombrowsky
. Miriister of Agriculture, Food and Rural Affairs
,Ministry Headquarters: 1 Stone Road West, Guelph, Ontario N1 G 4Y2
Bureau principal du ministere: 1 Stone Road West, Guelph (Ontario) N1G 4Y2
Pick Ontario Freshness
Cueillez la fraTc~eur de l'Ontario
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IN-CAMERA AGENDA
JULY 24. 2007
Staff Reports: (ATTACHED)
1) Manager of Road Infrastructure - the security of the property of the municipality
- encroachment on County property
2) Chief Administrative Officer - personal matters about an identifiable individual -
contract position
3) Warden Acre and Chief Administrative Officer - A discussion for the purpose of
educating/training members (verbal)