07 - April 29, 2021 Connectivity Committee Agenda Package
CONNECTIVITY COMMITTEE
MEETING
Thursday, April 29, 2021
2:00 p.m.
Meeting to be held electronically.
Agenda
1. Approval of Agenda
2. Adoption of April 8, 2021 Minutes
3. Disclosure of Pecuniary Interest and the General Nature Thereof
4. Technical Consultant RFP Update (verbal) – Chief Administrative Officer
5. Connectivity Committee Action Plan Follow-up Report – General Manager of
Engineering, Planning, & Enterprise / Deputy CAO
6. Telecommunication Equipment Consent and Road User Agreement – General
Manager of Engineering, Planning, & Enterprise / Deputy CAO
7. Correspondence – None
8. Date of Next Meeting
9. Adjournment
Meeting:Connectivity Committee
Date: April 8, 2021
Time: 2:00 p.m.
Location: Webex
Attendees: Tom Marks, Warden and Committee Chair
Dominique Giguère, Councillor and Committee Vice Chair
Duncan McPhail, Councillor
Mike Andrews, Community Member
Justin Pennings, Community Member
Regrets: Joshua Kiirya, Community Member
Staff:Julie Gonyou, Chief Administrative Officer
Jim Bundschuh, Director of Financial Services
Al Reitsma, Manager of IT
Jeremy Sharkey, IT Coordinator
Cecil Coxen, IT Manager – Township of Malahide
Katherine Thompson, Supervisor of Legislative Services
Carolyn Krahn, Legislative Services Coordinator
DRAFT MINUTES
1. Call to Order
th
The Connectivity Committee met this 8day ofApril, 2021. The meeting was
called to order at 2:03 p.m.
2.Approval of Agenda
Moved by: Mike Andrews
Seconded by: Councillor McPhail
RESOLVED THAT the agenda be approved.
Recorded Vote
Yes No
Councillor Yes
CouncillorMcPhail Yes
MikeAndrewsYes
JustinPenningsYes
WardenMarks Yes
5 0
- Motion Carried.
3. Adoption of March 11, 2021 Minutes
Moved by:
Seconded by:Justin Pennings
Resolved that the minutes of the previous meeting be adopted.
Recorded Vote
Yes No
Councillor Yes
CouncillorMcPhail Yes
MikeAndrews Yes
Justin Pennings Yes
WardenMarks Yes
5 0
- Motion Carried.
4. Disclosure of Pecuniary Interest and the General Nature Thereof
None.
5.SWIFT Request for Proposal Update (Verbal) – Warden Marks
Warden Markspresentedan update on the SWIFT Request for Proposalfor
expanding access to high-speed internet in Elgin County. More details on the
.
results can be found on the SWIFT website
6. Fibre Installation Guidelines and Tower Wireless Service Opportunity –
Director of Engineering Services
Moved by:
Seconded by: Councillor McPhail
Resolved that the report from the Director of Engineering Services be deferred
until the next meeting of the Connectivity Committee.
Recorded Vote
Yes No
Councillor Yes
CouncillorMcPhail Yes
MikeAndrews Yes
Justin Pennings Yes
WardenMarks Yes
5 0
- MotionCarried.
7. Correspondence
i.Email from Mike Bachner Re: Connectivity in Elgin and SWIFT RFP
Results
The Committee received the email from Mike Backner.
8. New Business
i.Warden Marks brought to the Committee’s attention an email from a
resident of Southwold regarding fibre deployment in Shedden. The
resident wrote that there is fibre on one side of Highway 3, but it is not
available on the other side of the Highway. Justin Pennings confirmed
this information. Mike Andrews will reach out to the SWIFT recipient for
funding for this area to see what can be done to help Shedden residents.
ii.The Committee discussed outreach to member municipalities to
encourage them to think about how they can make improving
connectivity a priority in their decision-making process. Options include a
one (1) page fact sheet about ways to support connectivity locally, or a
presentation from the Chair of the Connectivity Committee to the local
municipal partners. The Committee decided to wait to present to the local
municipal partners until the Director of IT has had an opportunity to
review information from the Consultant and develop some next steps for
the Committee.
9. Date of Next Meeting
TheCommittee will meetagain onApril 29, 2021at 2:00 pm.
10. Adjournment
Moved by: Mike Andrews
Seconded by: Justin Pennings
RESOLVED THAT the meeting be adjourned at 2:43 p.m.
Recorded Vote
Yes No
Councillor Yes
CouncillorMcPhail Yes
MikeAndrews Yes
Justin Pennings Yes
WardenMarks Yes
5 0
- Motion Carried.
1
REPORT TO CONNECTIVITY
COMMITTEE
FROM: Brian Lima,
DATE: March 3, 2021
SUBJECT: Fibre Installation Guidelines and Tower
Wireless Service Opportunity
RECOMMENDATION:
THAT the report titled “Fibre Installation Guidelines and Tower Wireless Service
Opportunity” from Elgin County’s Director of Engineering Services dated March 3, 2021
be received and filed.
INTRODUCTION:
At its meeting on February 25, 2021, the Director of Engineering Services provided
information to the Committee regarding fibre installation requirements on County roads
and recent work with local ISPs.
The Committee requested that the Director prepare fibre installation guidelines, confirm
the possibility of the installation of fibre crossing MTO highway corridors, and present
follow-up information regarding Turris Communications Ltd. and the possibilityto install
other third-party wireless equipment to the communications tower located at the
County’s Whites Station Operations Centre property.
This report provides an update on the preparation of fibre installation guidelines, and
addresses the latter two items.
DISCUSSION:
Fibre Installation Guidelines
Preparation of County wide ‘Fibre Installation Guidelines’ remains ongoing in
partnership with municipal partners and in consultation with several local fibre
installation contractors to ensure the guidelines reflect today’s industry best practices.
2
The purpose of these guidelines is to assist ISPs, and public agencies as they begin or
continue todevelop their fibre optic cable programs and to create a shared
understanding with consistency to help facilitate sharing agreements among agencies.
The guidelines are intended to cover a variety of topics that include the technical
aspects of a fibre optic network, agreements with other organizations and range from
before the network to after it has been installed.
The manual once completed is also intended to be a living document, so feedback and
comments throughout its existence arewelcome for further editions.
A draft copy of said guidelines is planned to be presented at a future Committee
meeting for its consideration and endorsement to County Council.
Fibre Crossing Installation of MTO Highway Corridors
Following staff consultation with the Ministry of Transportation (MTO) West Operations
Branch Corridor Management Section, MTO staff advised that all fibre optic cable
installations which cross a provincial highway, whether aerial or underground, shall
require an Encroachment Permit from the MTO prior to installation. A broad set of
requirements are contained within Chapter 3 of the MTO’s Highway Corridor
Management Manual (2018) and provides guidance for utility installations within MTO’s
permit control.
Generally speaking MTO does not allow for proactive installation of conduits under its
highways if they are not related to a specific fibre installation permit request. The MTO
prefers to see the whole installation to ensure conflicts are eliminated and options are
considered, especially in locations that may affect intersections and interchanges.
Highway 401
The placing of fibre infrastructure within the limits of Highway 401 is prohibited unless in
the opinion of MTO it is the only route available or unless a utility corridor has been
established by the MTO. A utility may cross Highway 401 subject to the review and
approval of MTO. Further, crossings attached to a structure are prohibited and
crossings at interchanges should be located outside the functional interchange area.
Highway 3 and Highway 4
Utilities are permitted on Highways 3 and 4, subject to meeting satisfactory
arrangements as set out by MTO to ensure the safety of the public, and further to
ensure that changes do not conflict with the requirements of MTO. Parallel installations
are required tobe placed within a 2m horizontal strip parallel to and immediately
adjacent to the highway right-of-way limit. At intersections, the installation is further
required to follow the daylighting triangles.
3
Depth of Cover
The depth of cover for any buried fibre infrastructure shall be as determined by the MTO
based on the requirements of each individual installation. Installations under Highway
401 require a deeper installation than Highways 3 and 4. For reference the attached
sketches provided byMTOillustrates their desirable depths of installations under
Highway 401 (5.0m depth) and another for Highways 3 and 4. (1.5m depth) for other
roads.
Plans and Reports
Each permit application is to be accompanied by a plan of the proposed work identifying
location of the plant in plan and profile views. Plans submitted to MTO for approval must
clearly show the location and extent of the proposed installation as it relates to the
highway; highway property limits; property lines; roadway structure; accurate scale,
dimensions and north arrow. Any other obtrusive feature not limited to existing utilities,
sidewalks, trees, entrances and signs are also required to be identified.
For aerial installations MTO’sClear Zone requirements shall be met, and vary
depending on highway crossing location across the province.
There may be situations where the installation of utilities will have to meet MTO’s
tunnelling guidelines. Attached for reference is the MTO’s the most recent version of its
Tunneling Guideline. It is advisable to consult MTO early in the process to confirm if a
geotechnical report is alsorequired.
Permits
Each permit for utility installations is accompanied by an ‘Appendix – A Conditions for
Encroachment Permits and Utility Installations On or Under a King's Highway’. These
general conditions apply to every installation, with additional conditions added on a
project specific basis. The appendix also includes a Notification of Field work that must
be filed with the MTO’s Traffic Operations Centre prior to commencing work.
MTO attachments include:
1. MTO’s tunnelling guidelines;
2. Appendix ‘A’ - Conditions for Encroachment Permits and Utility Installations
On or Under a King's Highway’;
3. Directionally Drilling under Highway 401 (5.0m depth);
4. Directionally Drilling under Highway 3 and Highway 4 (1.5m depth).
Whites StationOperations Centre Communication Tower
In 1965, the County installed the existing approximate 65 m (215-foot) tall radio
communications tower located onsite of its Whites Station Operations Centre property
4
to provide two-way radio system communications between the County Engineer’s
Office, then located in the current Elgin County Courthousein St Thomas and former
County administration building, Whites Station, and all mobile vehicles within the
boundaries of the County. Two-way communications utilizing this tower remains
operational today.
In 2016, the County granted permission to Turris Communications Ltd. (hereinafter
referred to as Turris), to install, operate, maintain, additional radio communication
equipment on its tower. Turris’ equipment includes:
1. One VHF Antenna on a crossarm mount at the 64m (210-foot) level.
2. One 900 Mhz Antenna on a crossarm mount at the 64m (210-foot) level.
3. One UHF Antenna at the 46m (150-foot) level.
4. One Satellite Dish and GPS Antenna at the 7m (20-foot) level.
5. Equipment Shelter at Tower Base (approximately 50 sq. ft.).
The current Lease Agreement term between Elgin and Turris Communications Ltd.
relating to the aforementioned equipment began on July 1, 2016 and ends on June 30,
2021. Turris is also responsible for all costs associated with the separate electrical
meter and supporting connections for the equipment.
Space on the County’s tower could be further leased to support other third-party
wireless equipment subject to prohibiting interference with existing equipment.
FINANCIAL IMPLICATIONS:
None at this time. This report is for investigative purposes only.
5
ALIGNMENT WITH STRATEGIC PRIORITIES:
Serving ElginGrowing ElginInvesting in Elgin
Ensuring alignment of Planning for and Ensuring we have the
current programs and facilitating commercial, necessary tools,
services with community industrial, residential, resources, and
need.and agricultural growth. infrastructure to deliver
programs and services
now and in the future.
Exploring different Fostering a healthy
ways of addressing environment.
Delivering mandated
community need.
programs and services
Enhancing quality of
efficiently and
Engaging with our
place.
effectively.
community and other
stakeholders.
LOCAL MUNICIPAL PARTNER IMPACT:
None.
COMMUNICATION REQUIREMENTS:
None.
CONCLUSION:
Elgin County recognizes the importance of adequatebroadband infrastructure for the
well-being and economic competitiveness of the County’s residents, businesses, and
institutions. Through the potential implementation of fibre installation guidelines and
existing physical infrastructure opportunities, these actions may support broadband
network expansion and facilitate increased connectivity throughout the County.
All of which is Respectfully Submitted
All of which is Respectfully Submitted
Julie Gonyou
Brian Lima
Chief Administrative Officer
Director of Engineering Services
1
REPORT TO CONNECTIVITY
COMMITEE
FROM: Brian Lima, General Manager of
Engineering, Planning, & Enterprise / Deputy CAO
DATE: April 21, 2021
SUBJECT: Telecommunication Equipment Consent
and Road User Agreement
RECOMMENDATIONS:
THAT the report titled “Telecommunication Equipment Consent and Road User
Agreement”, from the General Manager of Engineering, Planning, & Enterprise (EPE) /
Deputy CAO, dated April 21, 2021 be received and filed.
1.The within Report to Council, dated April 8, 2021 and entitled “Review of Draft
Telecommunication Equipment Consent and Road User Agreement”, be received
and filed; and,
2.County Council approve the form and content of the draft Telecommunication
Equipment Consent and Road User Agreement attached as Schedule “A” hereto
and authorize its use in relation to telecommunication equipment installation
project within road allowances under the jurisdiction and/or ownership of Elgin
County.
INTRODUCTION:
The purpose of this report is to advise the Committeethat a Telecommunication
Equipment Consent and Road User Agreement, prepared by the County Solicitor and
endorsed by County Council, will now be utilized in relation to proposed
telecommunication equipment installation projects within County Road Allowances.
BACKGROUND:
On March 23, 2021, Elgin County Council approved preparation and use of a
specialized Telecommunication Equipment Consent and Road User Agreement for
installation of telecommunication equipment, particularly that equipment requiring
municipal consent pursuant to the Telecommunications Act (Canada), within County
Road Allowances.
2
A draft agreement, modelled upon that implemented in Middlesex County, has now
been prepared and the text of which is attached as Schedule “A” hereto for review by
County Council.
The critical elements of the County new specialized Agreement include as follows:
1. Municipal consent to use of all County road allowances, subject to terms and
conditions of Agreement and all applicable laws, including bylaws (section 2.1).
2. Use of road allowance does not create or grant ownership interest in that road
allowance by the installing/operating company (section 2.4).
3. No right of access to road allowance to install equipment without application for
and issuance of all requisite permits, including Road Occupancy Permit (“ROP”)
along with compliance of all terms and conditions of any such permit (section
3.1).
4. Submission of all requisite plans, including construction/location plans and traffic
control plans,to Elgin Engineering Services prior to issuance of permit and
commencement of Works (section 3.4).
5. Issuance of permits by Elgin County deemed to constitute municipal consent
pursuant to Telecommunications Act (Canada) (section 3.8).
6. All equipment to be installed subsurface, unless otherwise authorized by Elgin
County (section 4.2).
7. Onus on installing company to coordinate installation works with other existing
users of the road allowance (section 4.5).
8. Installing company must submit as-built drawings within 60 days of completion of
installation works (section 4.10).
9. Installing company is responsible for remedial repair of the road allowance,
generally to the satisfaction of Elgin County (section 5).
10. Installing company responsible for subsequent locating of its equipment within
the road allowance (section 6.1).
11. At its sole expense, installing company responsible for relocating its equipment,
including at its own initiative, at the request of Elgin County, and if necessary
under legislative requirement (section 7.3) – if required by a third-party user of
the road allowance, relocation works will be undertaken by the installing
company but at the expense of the requesting third-party user (section 7.4).
3
12.Installing company is required to pay all fees, charges, and security required by
Elgin County, including:
(i
) as required for issuance of ROP (section 8.1);
(ii)installation fee ($250.00 per kilometre at each permitted location) (section
8.2);
(iii)agreement preparation fee ($1000.00) (section 8.2); and
(iv) annual contract Administration fee ($100.00 annually) (section 8.3).
13. Agreement contemplates a specified initial term with allowance for both renewal
and early termination for breach upon specified events (sections 9.1 to 9.3).
14. Option for Elgin County to require removal of equipment from the road allowance
upon expiry or termination of Agreement (section 9.5).
15. Installing company required to seek and maintain insurance coverages against
specified perils and to specified limits, including naming Elgin County as
additional insured (sections 10.1 to 10.2).
16. For a period of 3 years (or longer if required), installing company to deposit with
Elgin County a letter of credit in the amount of $25,000.00 for basic performance
security for permitted works, against which letter of credit the County can make
demand in respect of financial obligations unfulfilled by the installing company
(section 10.6).
17. At its option, Elgin County may also require project-specific security equal to the
cost of rehabilitating the road allowance (section 10.8).
18. Elgin County has no liability for installed equipment and bears a limited obligation
to indemnify the installing company for negligence committed by persons for
whom the County is in law responsible (sections 11.1 and 11.4).
19. Installing company bears a broad obligation to indemnify Elgin County for
activities undertaken pursuant to the Agreement (section 11.2).
20. Installing company bears full liability for environmental losses related to or arising
from the installed equipment, installation works, or any other related activity
contemplated by and undertaken pursuant to the Agreement (section 12).
DISCUSSION:
It is submitted that the specialized Agreement now creates a comprehensive scheme for
authorizing the installation and use of telecommunication equipment within County
Road Allowances. The Agreement constitutes the general “umbrella” under which
specific projects are more conveniently authorized pursuant to project permits, thereby
avoiding the need for, expense of, and potential delay associated with the preparation
and approval of new or amended road user agreements. It is anticipated that, in the final
4
analysis,the approach and Agreement may attract lower total costs to an installing
company and in particular an installing companyinvolved in multiple projects.
FINANCIAL IMPLICATIONS:
The financial impact for Elgin County cannot be precisely estimated at this time,
although a decrease in revenue in relation to that collected under traditional road user
agreements may be experienced with the deletion of annual fees in favour of the one-
time installation fee and reduced annual contract administration fee under the
Agreement. Most importantly, the primary purpose of this industry-specific Agreement
is the encouragement of telecommunication installation projects to better service the
residents of Elgin County.
ALIGNMENT WITH STRATEGIC PRIORITIES:
Serving Elgin Growing Elgin Investing in Elgin
Ensuring alignment of Planning for and Ensuring we have the
current programs and facilitating commercial, necessary tools,
services with community industrial, residential, resources, and
need. and agricultural growth. infrastructure to deliver
programs and services
now and in the future.
Exploring different Fostering a healthy
ways of addressing environment.
Delivering mandated
community need.
programs and services
Enhancing quality of
efficiently and
Engaging with our
place.
effectively.
community and other
stakeholders.
Additional Comments: None
LOCAL MUNICIPAL PARTNER IMPACT:
It is anticipated that local municipal partners, and in particular their respective local
residents, will benefit from the anticipated improvement in telecommunication services
encouraged by the more convenient regulatory scheme contemplated under the
Agreement.
5
COMMUNICATION REQUIREMENTS:
The Agreement has been shared with local municipal partners for review and potential
use in relation to telecommunication installation projects within local road allowances.
CONCLUSION:
Against the commentary and analysis set forth above, County Council has endorsed the
Agreement for immediate implementation in relation to proposed future
telecommunication equipment installation projects within Elgin County Road
Allowances.
All of which is Respectfully Submitted Approved for Submission
Julie Gonyou
Brian Lima
Chief Administrative Officer
General Manager of Engineering,
Planning, & Enterprise (EPE) / Deputy
CAO